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fnntain Fane — Admiraltv, commissions, <fec. . . 

May 3. AdSaUnslction to L^^d Cornbury, relating to the presidency of the Conned and adm— on ^ 

of the (government in case of his death or absence • • „:h^a *„ 

May 7. Letter of t^he Lords of Trade to Lord Cornbury-annual accounts of the P^v^ce to be tr— ed to ^ 

the Board, 

Ocfober 26. Answerof Mr. Champante to Mr. Montague's memorial against the acWacating the extravagant grants. 1 

Mr Champante-s objections to the Solicitor-GeneraVs report relatmg to grants o and Ac ... . . 
Allegation's which jught to have been inserted iu Mr. Solicitor-GeneraVs report mrelat.on to *e act ^^ 

for vacating the extravagant grants 

Julf' 2S. Letter of Colonel Quary to the Lords of Trade-affairs in NewTork and other Provinces 1^^ 

Joly 20. Letter of Lord Cornbury to the Lords of Trade-privateers, &o .. ...^ -^^ " ^ ■■^^^^ 

July 29. Kepresentation of the Lords of Trade to the Queen m regard to the acts ^«l-^t'°= *" ^ ^ _ gl 

October 23. LetfeTor'thVLo^d'soVoYadVto'ihe Earl of Sunderland (transmitting) .... .....^y-.y -•-- 

October 23. Representation of the Lords of Trade to the Queen relating to Lord Cornbury s treatme ^^ 

Bceemberi3. LetS':' m;." By;;^; i^' ih;L;;d;-;; T;:d;i:<;<.u;t- ;." h^^ 'diffi;^^^^^ -^^--^ ^^ 
December obs!::2l::rZB£;p ;rL;;d;n ;;s^e<.:ng;hVapp;;nune^^ ^^ 


V Jafua^y 10. Letter of Colonel Quary to the Lords of Trade-account of affairs in I.-e.-Yorl. and other Colonies- ^^ 

Pebruary . ^j^^z^zi^^^r^i '^y' or,:;-o;-;.:-M:::^^ 'rr:'.":^:: 33 

difficulties with Lord Cornbury, &c • • • • • • • J ' * ^ 

February 10. Letter of Lord Cornbury to the Lords of Trade-murder committed by an^ I^^--^-^ _■; ^ ,, 

woman— woman sentenced to be burnt ^"V"'t"\"i "^Iwo nnnointed Governor of 

March 2S. Letter of the Earl of Sunderland to the Lords of Trade-Lord Lovelace^ appomted ^^ 

New-York and New Jersey ■ • • • '' " /-J/ „ yort *^ 

April 19. Letter of Mr. Burchett to Secretary Popple-instructions to ' ^ «;;;™;yj^^^!^„,, , 'a New Jersey, « 

A ,rU 22 Order in Council to prepare a commission for Lord Lovelace as ^^^^'^'^'^'^^l *! 

X 21. Report of the Commiss oners of the Customs on Lord Lovelace's instructions, 







.111 no 





































February 26. 



























September 2. 

September 3. 
September 5. 

September 9. 
September 15. 
October 19. 

. Representation of tlie <.r Tra.le to tlio Quoen upon Lord Lovelace'.s instructions— Council in 

New Jersey, ,„ 

, Pajicr from Boston complaining of the neutrality between the Five Nations and the French 42 

Letter of Secretary_Boyle to the Lords of Trade— distressed Protestants from UoUand desirous to 

be transported to America ^^ 

Petition of the Rev. Mr. Kochcrthal to the Queen in behalf of certain Protestants from Holstein 44 

Order in Council directing a change in the members of the Provincial Council in New Jersey 45 

Order in Council to prepare instructions for Lord Lovelace, 45 

Letter of the Lords of Trade to Lord Lovelace— acts of Assembly of New-York and New Jersey 46 

Letter of the Lords of Trade to the Earl of Sunderland, (transmitting) 45 

Report of the Lords of Trade to the Queen on the petition of Mr. Rayner to be appointed Attorney- 
General of New-York .„ 


Names, trades, etc., of the German Protestants going to New-York 52 

Letter of the Lords of Trade to Secretary Bo3-le— German emigrants to New-York 53 

Additional instruction to Lord Lovelace relating to grants of land, etc 54 

Letter of Lord Cornbury to the Lords of Trade— trade— slaves from Guinea, Ac, 55 

Petition of Rev. Mr. ICoeherthal to the Queen for a salary g2 

Letter of the Lords of Trade to Secretary Boyle, recommending that Mr. Kocherthal have a grant of 

land and a gratuity, , 

Letter of Mr. Caleb Heathcote to the Lords of Trade— manufactures in America '.'.'.'.'"'. 63 

Letter of Lord Cornbury to the Lords of Trade— proceedings with the Indians— Canada, Detroit, Ac.', '. *. 64 

Letter of Lord Cornbury to the Lords of Trade— Spanish coin in the Province ' '....'.".' 66 

Letter of Lord Lovelace to the Lords of Trade— arrival in New-York, &e ' ' 67 

Representation of the Lords of Trade to the Queen against the New-York act regulating the rates of 

foreign coin in the Colony of New- York, f.» 

Petition of Roger Mompesson, Cliief Justice of New-York, to the Lords of Trade, praying that lie ni.ay 

be confirmed in his office, and that a commission may be issued to him T 69 

Letter of the Queen to Lord Lovelace, directing an expedition against Canad.a 70 

Order in Council vetoing the act passed by the Legislature of New-York for regulating coin, .' .' ." ...... 71 

Letter of the Lords of Trade to Lord Lovelace, encouraging the production of naval stores in the 


• Y2 

Letter of Lord Sunderland to Lord Lovelaee—expedition against Canada, Ac .. 12. 

Report of the Lords of Trade to the Queen on the right of sovereignty over tlie Five Nations'of Indians 74 
Memorial prepared by the Lords of Trade, in 1697. relating to the right of the Crown of Great Britain 

over the Five Nations of Indians 


Letter of Colonel Nicholson and Colonel Vetch to the Lords of Trade relating to the expedition against 

Canada, ^ o 


Letter of Colonel Vetch to Secretary Boyle-expedition against Canada, 73 

Letter of Mr. Byerly to the Lords of Trade— death of Lord Lovelace, Ac i i i go 

Letter of Mr. Cockerill to Secretary Popple-preparations for the expedition against Canada, &c.,'. 80 

Letter of Lieutenant-Governor Ingoldsby to the Lords of Ti'ade-death of Lord Lovelace-acts of the 
Assembly, &c 

Examination and intelligence of some Indian spies and an Indian deserter from Canada, . . " " 85 
Report of the Lords of Trade to the Lord High Treasurer relating to the settlement of the Palatines 

upon lands in New- York, 

Representation of the Lords of Trade to the Queen relating' to' ii' revi,caii'o'n of 'col'o'neV Ingoldsby's 

commission as Lieutenant-Governor of New-York gg 

Letter of Lady Lovelace to the Lords of Trade relating to the papers left by Lo'rd'Lovel'aee'.i i ii i i " " 89 

Order in Council revoking Colonel Ingoldsby's commission as Lieutenant-Governor of New-York 90 
Letter of Queen Anne to Colonel Ingoldsby revoking his commission as Lieutenant-Governor of 

New- York 

Letter of Lord Sunderland to the Lords of Trade-Colonel Hunter appoin'tijd" Go'vernorof New'-Yo'r'k 91 

Letter of the Lords of Trade to the Earl of Sunderland-Colonel Hunter's Commission . ' 99 

Commi.,smn to Robert Hunter, Esq., to be Governor of New-York, ... " " 92 


: the Palatines I'-l 

Dremb:; l U:^rro^'^:io:^'oi Trade upon Colonel Hunter's proposals for settling the Palatines 117 

December 21. Letter of Attorney-General Mountague to Secretary Popple-Covenants of th 

December 21. Draught of covenants for the Palatines' residence and employment in New-\ ork, •••••••••••• 

of the Lords of Trade to the Earl of Sunderland upon Colonel Hunter's mstructions. &c 1 - 



September 29. Letter of .the Lords of Trade to Lord Sunderland rel.ating to a clause in Colonel Hunter s mstructmns ^^^ 

concerning the impressment of seamen. 

September 17. Opinion of the Solicitor-General relating to the impressing seamen in New-York 

June 30. Opinion of the Chief Justice of New-York relating to the impressment of seamen, •■••■•••••• 

June 21. Opinion of the Attorney-General of New-York upon the impressment of seamen, wUh Mr. Attorney 

General Mountague's concurrence therein 

Copy of the 68th clause of Lord Lovelace's instructions, '"' 

Copy of a clause in an act for the encouragement of the trade to America, • • • 

July 3. Report of the Council in New-York and opinion of Her Majesty's Attorney-General on the ^^^^^ 

impressment of seamen in the Colonies, V 'i' .t ih-l 

October 26. Memorial of Mr. Attwood to the Lords of Trade concerning the present condition ol ^ew-lork. Ac M.i 

October 29. Letter of Queen Anne to the President of the Council in New-York, forbidding grants ol land to be ^^^ 

made in New- York by him '. " V/''^^ ", •" il'i 

November U. Chief Justice Mompesson's observations on land granting and the revenue m New-1 ork, communieated ^ ^^ 

by Mr. Cockerill ^ 

November 30. Letter of Colonel Hunter to the Lords of Trade, relating to the Palatines from Jamaica ^ 

December 1. Letter of Colonel Hunter to the Lords of Trade-Palatines from Jamaica • 

\ December 2. Letter of Colonel Quary to the Lords of Trade-affairs in Maryland and I. ew-1 ork, 1 1 ^ 

December 5. Report of the Lords of Trac 
December 21. Letter of Attorney-General K 
December 21. Draught of covenants for the 

December 23. Letter of the Lords of Trade louiei-ai-i o. .i....v.^.." f— - ^ -^ . ■ 

Dumber 2!. Representation of the Lords of Trade to the Qneen-Couneil in New-York-D.sputes m Lew Jersey, . . 23 

December 27. Draft of instructions for Colonel Robert Hunter, Governor of New-York ^-^ 

December 30 Additional instructions to Governor Hunter— fees • • • ■ • '''"''"\"'\ 

Decembei A ^^^^ ^^^ instructions to Governor Hunter relating to trade between the Province of ^ew-1 ork and ^^^ 

Great Britain 

Additional instruction to Governor Hunter- act for raising reermts ........... 

December 23. Letter of the Lords of Trade to Colonel Hunter relating to his governments of New-York and ^ew ^ ^^ 

December 27. Lette7Ifs:e'i;'tary Popple Vo' Go^eVnoi- HunUr 'i-eVaUng 'to .an order in Council for repealing certain ^^^ 
acts of the Assembly of New- York 

J.,nllrv 7. Letter of the Earl of Sunderland to the Lords of Trade-matter of the Palatines, ............. . . . . . 168 

January 19. Letter of the Lords of Trade to Governor Hunter-extracts of memorials relating to illegal trade ^_^ 

between New-York and West Indies, ,""„','".■'"■' 

January 20. Letter of the Lords of Trade to the Earl of Sunderland with instructions to employ Palatines in ^^^^ 

manufacturing naval stores 

- February 10. Letter of Colonel Quary to the Lords of Trade-affairs in New-York-grants, &c., . b 

February 16. Memorial of Mr. Rayner, Attorney-General of New-York, to Lord Godolphm praying for arrears of sala.y, 61 

February 2i. Letter of Secretary Popple to Mr. Lowndes relating to Mr Rayner's memorial, . . . . . . ••••••■• 

March 15. Letter of Lieutenant-Governor Ingoldsby to the Lords of Trade-affairs in New-^ ork-.New Jersey- ^^^ 

expedition against Canada, 

April 25. Minute concerning the visit of three Indian Sachems to the Lords of Trade l^a 

June 16. Letter of Governor Hunter to Secretary Popple-arrival of Palatine ships, i-c b& 

Julv 6. Letter of Colonel Qu.ary to Mr. Pulteney-arrival of Governor Hunter, Ae., ■••••• 

July 24. Letter of Governor Hunter to the Lords of Trade-surveys-land on the Hudson-Mayor of New- ^^^^ 

July 26. Lett^er tf' Mr^'Bridger'to'sec'r'etary'poppie-instruction of the Palatines in raising naval stores 168 

July 28. Letter of Governor Hunter to Lord Dartmouth, Secretary of State, upon Lady Love ace s affairs 9 

October 3 Letter of Governor Hunter to the Lords of Trade-settling of the Palatines on Hudson river 70 

October 4. Letter of Secretary Du Pre to Mr. Vernon-Colonel Hunter's proceedings in settling the Palatines, ... m 

October 26. Letter of the Lords of Trade to Governor Hunter— patents— Indians, Ac, 

November 10. Letter of Mr. Bridger to the Lords of Ti ade-naval stores raised by the Palatines 

November 13. Letter of Mr. Bridger to the Lords of Trade-salary for instructing the Palatines, U^ 

November 14. Letter of Governor Hunter to tlie Lords of Trade-salaries of officere-revenue, &c 





November 21. Warrant of Queen Anne to Governor Hunter for tlie introduction of a new covenant for settling, Ac, 

in all grants of land on (lie frontiers, &c., 182 

November 28. Letter of Governor Hunter to tbc Lords of Trade— money bills— Lady Lovelace, Ac 183 


January 29. Letter of the Lords of Trade to Governor Hunter— salary— table of fees, Ac, 186 

February 8. Letter of the Lords of Trade to Lord Dartmouth— naval stores, &q., 1 87 

February 8. Repi'esentation of the Lords of Trade to the Queen about naval stores and settling the Palatines 188 

March 1. Order in Council on a representation of the Lords of Trade, dated 26 February, 1711, directing that a 

bill be drawn and laid before the Parliament of Great Britain for enacting a standing revenue for 

the Province of New-York, l!"^ 

March 6. Proposal of Mr. Polhampton for the better regulating the land and sea forces in America, 193 

March 8. Letter of Lord Clarendon to Lord Dartmouth— matter of the Palatines— character of Robt. Livingston, 195 

Mareli 15. Rejjresentation of the Lords of Trade to the Queen — bill for standing revenue in New-York 197 

April 6. Letter of Mr. Burchett to Secretary Popple — Polhnmpton's proposal, 198 

April 10. Letter of the Lords of Trade to Governor Hunter— mismanagements in the navy in New-York, 198 

May 7. Letter of Governor Hunter to the Lords of Trade — ditficulties in New Jersey — new councillors proposed 

for that Province — New Jersey acts — ilamison Chief Justice — New-York acts — Palatines 199 

March 17. Letter of John Cast to Governor Hunter, 212 

March 27. Letter of John Cast to Governor Hunter, 213 

May 7. Letter of Governor Hunter to the Lords of Trade — table of fees, itc. 216 


August 7-21. Conference of Governor Hunter with the Indians at Albany 217 


May 7. Letter of Governor Hunter to the Commissioners of Customs — privateers capture a vessel with cocoa, 229 

March 2. Petition of Captain Charles Pinhethman and Cuptain John M.arshall to Governor Hunter 232 


December 23. Letter of Mr. Birohfield to Governor Hunter 234 

Dec. 5. [2) '.\ Letter of Governor Hunter to Mr. Birohfield 234 

1711. Opinion of Chief Justice Jamison, of New Jersey, as to the application of the acts of trade to the 

commerce between New-York and that Province 235 

May 28. Letter of Mr. Clarke to the Lords of Trade — Indian affairs — fees of ofticers, Ac 237 

May 30. Letter of Mr. Clarke to the Lords of Trade — Palatines refuse to work, Ac 238 

May 4. Letter of the Commissioners of Indian Affairs to Governor Hunter 242 

May 4. Minute of the Commissioners of Indian Affairs — French designs at Onondaga 243 

May 7. Minute of the Commissioners of Indian Affairs, Albany — propositions of Mons. De Longueuil at 

Onondaga — French blockhouse there 243 

May 27. Letter of Colonel Schuyler to Governor Hunter — Indian affairs, 245 

M.ay 15. Journal of Colonel Schuyler's negotiations with the Indians at Onondaga, 245 

May SI. Letter of Mr. Clarke to the Lords of Trade — submission of the Palatines, 249 

Jiuie 7. Letter of Mr. Clarke to the Lords of Trade — Palatines 250 

June 29. Letter of the Lords of Trade to .Governor Hunter — salary and appointment of officers in New-York,. . 251 

September 12. Letter of Governor Hunter to the Secretary of State — Indian aft'airs — levies in the Province — 

assumptions of power by the Assemblv 262 

June 21. Proceedings of the Congress at New London, 257 

September 12. Letter of Governor Hunter to the Lords of Trade — expedition against Canada — Palatines 262 

August 17. Conference of Governor Hunter with the Indians, 265 

August 25. General Hill to Governor Hunter, giving an account of the wreck of Admiral Walker's fleet and the 

abandonment of the expedition against Quebec 277 

October 9. Conference of Governor Hunter with the Indians, 278 

October 11. Contract to build Fort Hunter, Ac. 279 

October 20. Commissioners of Indian Aft'airs to Governor Hunter — Indian attack on Schaghtieoke 281 

October 26. Letter of the Lords of Trade to Governor Hunter — information required of New-York, 282 

November 1. Petition of Captain Evans to the Queeu, praying a grant of land 283 

November 12. Letter of Governor Huuter to Lord Dartmouth — incursions of the French Indians — no revenue for 

the Province, 284 




November 13. 
NoTembcr 13. 
November 26. 
December 6. 
December 11. 

December 13. 


January 1. 

January 1. 

February 1. 

February 1. 

March 1. 

March 1. 

February 25. 

February 6. 

February 20. 


January 26. 

January 30. 


October 27. 


April 23. 
































Letter of the Lords of Trade to Governor Hunter — bill for a revenue, <tc 285 

Representation of the Lorda of Trade to the Queen about the Assembly of Kew-York, 287 

Letter of Mr. Lowndes to S^'cretary Popple — matter of tlie Palatines, 288 

Letter of Mr. Du Pre to the Lords of Trade — support of the Palatines 289 

Letter of Messrs. Perry, Keill and Du Pre to the Lords of Trade — settlement of the Palatines in 

New-York 290 

Representation of the Council of New-York to the Lords of Trade respecting the Assembly's refusal to 

agree upon a revenue, &c 292 

Letter of Governor Hunter to Secretary St. John — arrogance of the Assembly, <tc. 296 

Letter of Governor Hunter to the Lords of Trade — no regard paid by Assembly to Queen's instructions, 297 

Letter of the Lords of Trade to Governor Hunter — disabled soldiers in New-York, 302 

Letter of the Lords of Trade to the Lord High Treasurer — Palatines in New-York 303 

Letter of Governor Hunter to the Lords of Trade — naval stores — money bills, &c 304 

Address of New-York merchants to Governor Hunter, relating to naval stores, 306 

Scheme laid before Governor Hunter by Mr. Heathcote, proposing easy ways for building ships of war 

and guarding the coast, 307 

Scheme laid before Governor Hunter by Mr. Heathcote, proposing easy ways for raising naval stores, 308 

Letter from Governor Hunter to the Bishop of London — want of a bishop in New-York, 310 

Letter from Governor Hunter to Mr. John Chamberlayne, secretary to the Society for the Propagation 

of the Gospel, 312 

Letter of Colonel Quary to Captain Gordon, refuting some slanders against Rev. Mr. St. Clare — other 

clerical matters, 317 

Letter from Colonel Morris to Mr. J. Chamberlayne, relating to the affair of Governor Hunter and 

the clergy , 319 

Address of the clergy of New- York to Governor Hunter, 325 

Letter of Governor Hunter to Rev. Mr. Poyer, 326 

Answer of Rev. Mr. Poyer to Governor Hunter, 327 

Statement in support of the right of Episcopal ministers to the church at Jamaica 328 

Record of a judgment of tlie court at Jamaica, in tlie case of Poyer vs. the Churchwardens 328 

Letter of the Lords of Trade to Secretary St. John — Governor Hunter's difficulties with the Assembly 

in New- York, 329 

Letter of the Lords of Trade to the Lord High Treasurer relating to Mr. Lee's petition concerning 

lands of Lord Sterling, 330 

Letter of Lord Dartmouth to the Lords of Trade, (transmitting) 331 

Petition of New-York merchants to the Queen, praying for naval protection on the coast 331 

Letter of the Lords of Trade to the Earl of Dartmouth — ships of war trading with New-York 332 

Letter of the Lords of Trade to Governor Hunter — disputes with the Assembly, <fec- 333 

State of the Church of England, in New- York and New Jersey, by the Rev. Mr. Henderson 334 

Remarks on the Rev. Mr. Henderson's State of the Church, <fec 336 

Letter of Governor Hunter to the Lords of Trade — population of New-York — daily wages — conspiracy 

of slaves — no salaries for the officers, <tc., 339 

Letter of Governor Hunter to the Lords of Trade — acts of the Assembly of New- York 344 

Representation of the Society for the Propagation of the Gospel to the Queen, recommending an 

alteration in the Governor's instructions respecting appeals, 345 

Letter of the Lords of Trade to Lord Dartmouth — conspiracy at New-York, <fec 346 

Letter of Governor Hunter to the Lords of Trade — proceedings of the Palatines — Schoharie — obstinacy 

of the Assembly — Fort Hunter — missionary for the Mohawks arrived, 347 

Letter of Governor Hunter to Secretary Popple, complaining of the proceedings of the Assembly, 349 

Letter of Governor Hunter to the Lords of Trade— conduct of the Assembly — Indians, <fec 350 

Letter of Governor Hunter to Secretary Popple — unhappy state of afJairs in New-York, 351 

Vol. V. 


1713. I'age. 
January S. Order in Council ou a rejireseutation from the LorJs of Trade, that the clergy may appeal from 

Inferior courts to the Governor and Coniieil of tlie Province, and, from the latter, to tlie Queen in 

Council, in cert;iiti cases, 352 

rebru:iry 18. Letter of .Secretary Harley to the Lords of Trade— troubles iu New-York, S53 


October 31. Letter of Governor Hunter to the Lord Treasurer — want of a revenue S53 


filareli 5. Letter of divers Episcopal clergymen of New-York and New Jersey to Rev. Jacob Henderson, 35-1 

Mareli li. Letter of Governor Hunter to the Lords of Trade, relating to the representation of Rev. Mr. 

Henderson on the state of tlie eliureh, , 355 

March 14. Letter of Governor Hunter to the Lords of Trade — refusal of Assembly to pass revenue bills — 

Assembly dissolved, &c., 35fi 

April 1. Letter of tlie Lords of Trade to Lord Dartmouth, relating to the dittieulties of Governor Hunter, S5tf 

April 23. Letter of the Lords of Trade to Governor Hunter — Court of Equity, Ac 360 

April 28. Queries addressed to the Attorney-General, by order of the Lords of Trade, coucerning grants of land in 

New-York 302 

May 6. Opinion of Mr. Attorney-General on certain queries concerning grants of land, 302 

May 5. Address of Governor Hunter to the Grand Jury of New-York — seditious discourses, 363 

May 1 1. Letter of Governor Hunter to Secretary Popple — Assembly of New-York — Palatines, ic 364 

June 1 1. Letter of Governor Hunter to the Lords of Trade — want of revenue, &c., 365 

July 18. Letter of Governor Hunter to the Lords of Trade — bills p.tssed by the Assembl}', itc. — New Jersey, . . 365 

July 20. Letter of tlie Lords of Trade to Governor Hunter — bill for revenue, &o 367 

July 27. Letter of Secretai'y Popple to Attorney-General Northey concerning quit rents and whale fisher}' in 

New-York SC8 

July 30. State of the Queen's quit rents in New-York, with Attorney-General Northey 's opinion thereon 368 

September 10. Letter of Governor Hunter to Secretary Popple — conspiracy of slaves — Indian affairs, »tc., 371 

Sept 10-22. Journal of Messrs. Hansen and Bleeker's mission to Onondaga and conference with the Indians there,. 372 

January 14. Letter of Secretary Popple to Governor Hunter — revenue bill, <tc 376 

May 7. Letter of Governor Hunter to Secretary Popple — proceedings of tlie Assembly of New- York in regard 

to a revenue 377 

August 27. Letter of Governor Hunter to the Lords of Trade — money bill passed by the Assembly of New-York — 

Palatines, Ac., 378 

October 18. Letter of Governor Hunter to the Lords of Trade — proclamation of King George I., itc 880 

October 18. Letter of Governor Hunter to Secretary Popple — the King proclaimed at New-Y'ork 381 

November 8. Letter of Governor Hunter to the Lords of Trade — Indian ail'airs, &c., 881 

Sept 20-27. C'inferenee of Governor Hunter with the Indians 382 

November 8. Letter of Governor Hunter to Secretary Popple — revenue bill' — Palatine accounts, ttc, 389 

November 2J. Letter of Governor Hunter to the LorJs of Trade — acts of the A.ssembly — public debts, iSic 389 

January 25. Letter of Mr. Stanhope, Secretary of State, to the Lords of Trade, requiring draught of a commission 

for Governor Hunter, 390 

February 8. Letter of the Lords of Trade to Secretary Stanhope on the appointment of Mr. Hunter as Governor 

of New-York, (transmitting) 391 

March 17. Commission for Mr. Robert Hunter to be Governor of New- York, 391 

February 8. Letter of Lord Clarendon to the Lords of Trade against two New- York acts 398 

March 28. Letter of Governor Hunter to the Lords of Trade^his hardships — want of money to defi ay the expenses 

of government, 399 

March 28. Letter of Governor Hunter to Secretary Popple, desiring assistance, Ac. — dismissal of Mr. Griffith,.. 400 

April 9. Letter of Governor Hunter to Secretary Popple — Mr. Talbot and the Jacobites 401 

May 6. Representation of the Lords of Trade to the King — instructions for Governor Hunter 402 

May 21. Letter of Governor Hunter to the Lords of Trade — -Lord Clarendon— difficulties with the Assembly — 

requests a support for his family, 402 

M:iy 20. Memorial of the Council and Assembly of New-York to the Lords of Trade, 405 


July 31. Letter of the Earl of Clarendon to Governor Hunter 406 



1709. Page. 
Chief Justice Motnpesson's account of tlie maliiiiministration in the vnrious departments of the 

government of New- York, 406 


June 17. OrJer in Council approving instructions for Governor Hunter 411 

June 17. Order in Council confirming two acts of New-York for an excise and for paying the public debt, 412 

June 22. Letter of the Lords of Trade to Governor Hunter — Palatines — queries, <tc., 412 

July. Letter from Colonel Nicholson to Secretary Popple — intrigues of the French with the Indians — extract 

of a letter from Captain Riggs 414 

July 2. Letter of Governor Hunter to Secretary Popple — Indian affairs 415 

July 25. Letter of Governor Hunter to the Lords of Trade — revenue bill passed by the New- York Assembly — 

'" "f ,"™j negotiations with the Indians — list of acts passed 416 

August 13. Letter of Governor Hunter to the Lords of Trade — his difficulties — intrigues against him — Indians, ic, 419 

August 18. Letter of the Lords of Trade to Governor Hunter — missionaries to America — maps of the Provinces, &c., 421 
August 23. Letter of Mr. Lodwick to the Lords of Trade — insurrection of the Indians of Carolina — Schuyler — death 

of Mompesson, 422 

August 26. Commission of Governor Hunter to be Vice-Admiral of JSew-York, <tc., 424 

August 31. Letter of the Lords of Trade to Mr. Secretary Stanhope — Mr. Mon-is appointed Cliief Justice of 

New-York, Ac. 429 

September 1. Letter of Mr. Pringle to Secretary Popi>le, transmitting letters of Mr. Healhcote 430 

July 8. Letter of Mr. Heathcote to Governor Hunter concerning Indian affairs, 430 

July 12. Letter of Mr. Heathcote to Lord Townsen'l, Secretary of Stale, 431 

July 16. Letter of Mr. Heathcote to Lord Townsend, 432 

September 7. Letter of the Lords of Trade to Governor Hunter relating to Mr. Lodwick's memorial, &c 434 

September 29. Letter of Governor Hunter to the Lords of Trade — Indian affairs, (tc 436 

August 27. Conference of Governor Hunter with the Five Nations 437 

August 27. Propositions of the Five Nations explained and rectified 439 

August 29. Answer of Governor Hunter to the propositions of the Five Nations, 441 

August 31. Reply of the Five Nations to Governor Hunter, 443 

August 29. Propositions of the Five Nations, with a message from the Far Indians, and Governor Hunter's an,swcr, 445 

September 2. Proposition of the Five Nations to the Commissioners for Indian Affairs, 446 

October 10. Letter of Governor Hunter to Secretary Popple — Palatines, Ac. — Vesey, Talbot and Phillips appointed 

Commissaries, 447 


October 18. Letter of Governor Hunter to the Earl of Stair, 451 

November 8. Letter of Governor Hunter to the Earl of Stair, 454 


November 9. Letter of Secretary Stanhope to the Lords of Trade, (transmitting) 455 

September 29. Letter of Governor Hunter to Secretary Stanhope 466 

November 10 Memorial of Mr. Champante upon the state of New- York, - 456 

November 12. Letter of Governor Hunter to the Lords of Trade — naval stores — Indian affairs, ic 457 

October 3. Message of the Five Nations of Indians to, and answer of, the Commissioners for Indian affairs 463 

October 17. Letter of Cors. Urora to Governor Hunter respecting the message sent to the Susquehanna Indians,. . . 464 

November 15. Letter of Mr. Clarke to Secretary Popple — church affairs — Mr. Vesey, &c. 464 


December 2. Letter of Rev. Mr. Vesey to Colonel Riggs, 465 


November 18. Letter of the Lords of Trade to Secretary Stanhope — presents to the Indians, itc, 467 

March 15. Letter of the Lords of Trade to Secretary Stanhope— Governor Hunter's and Lord Hamilton's letters 

— West India trade 469 

March 15. Letter of the Lords of Trade to Governor Hunter — acts of Assembly — grants of land — complaints 

against Jamison — Council in New-York, 470 

April 16. Letter of Secretary Popple to Governor Hunter — Vesey, Talbot, &c., 472 

Petition of Samuel Mulford to the King — suit concerning a license for the whale fishery 474 

April 30. Letter of Governor Hunter to the Lords o£ Trade — Indian affairs — revenue — militia, Ac, 475 

October 2. Letter of Governor Hunter to the Lords of Trade — death of Lady Hunter — Mr. Jamison — naval 

stores, Ac 477 




• 12. 





June 13- 


November 22. 















































Letter of Governor Hunter to tlie Lords of Trade— accounts of the rrovince— P.-ilalines, 



























Letter of Governor Hunter to Sccrctaiy Popplc^New-York Assembly — Mr. Cox and New Jersey affairs, 482 

Letter of Governor Hunter to the Lords of Trade — Indian atfairs — pirates, &(-• 4SS 

Conference of Governor Hunter with the Indians at Albany, 484 

Letter of Governor Hunter to Secretary Popple — Governor Hunter's enemies, &c., 493 

Letter of Governor Iluiiter to Secretary Popple — revenue bills, <tc 494 

Report of Attorney-General Northey to the Lords of Trade upon the act passed in New-York for a 

general naturalization law, 495 

Letter of Governor Hunter to the Lords of Trade — illegal trade — licenses for whale fi.shery 497 

Letter of the Lords of Trade to Governor Hunter — revenue act — Louisiana, Ac 500 

Letter of the Lords of Trade to Governor Hunter — appeals — whale fishery, Ac, 603 

Letter of Governor Hunter to the Lords of Trade — public debts — pirates, itc, 603 

Letter of Governor Hunter to Secretary Popple — Mr. Mulford — pirates 504 

Letter of Governor Hunter to the Lords of Trade — complaints against him — acts, Ac, (with) 605 

Letter of Colonel Schuyler to Governor Hunter — Indian affairs, «tc., 506 

Letter of Governor Hunter to the Lords of Trade — French settlements in America — currency — duties 

on imports, (tc, 607 

Letter of Governor Hunter to the Lords of Trade — new seals — councillors in New Jersey, 611 

Letter of Governor Hunter to Secretary Popple — opposition to duties on imports into the Province, ic, 612 

Letter of Secretary Popple to Governor Hunter — act of navigation, lic 612 

Letter of Governor Hunter to the Lords of Trade — opposition to money bills, itc 614 

Account of the German families remaining in the Province of New-York 515 

Letter of Governor Hunter to Mr. Phillips, Agent in London for the Province of New-York — money 

bills, Ac, 516 

Letter of Governor Hunter to Secretary Popple — Indian affairs — public acts 616 

Letter of the Lords of Trade to Governor Hunter — Miranda's complaint about the levying of duties, 617 

Letter of Governor Hunter to Secretary Popple — revenue acts 518 

Letter of Governor Hunter to the Lords of Trade — whale fishery — caveats against the act for payment 

of public debt, &f., 618 

Letter of Governor Hunter to Secretary Popple — councillors of New Jersej', <tc., 620 

Letter of Governor Hunter to Secretary Popple — Cox— condition of the Province, 521 

Representation of the Lords of Trade upon the state of the Pi'ovince of New-York — public debt — 

means of raising a revenu>', &c 622 

Representation of the Lords of Trade to the Lords Justices, recommending the repeal of the New-York 

act for the partition of lands 527 

Letter of Secretary Stanhope to the Lords of Trade — management of the revenue in New-York taken 

by the Assembly from the Crown officers, * 627 

Intelligence that the French are building a fort at Niagai-a, 628 

Letter of Governor Hunter to Secretary Popple — will embark for London in a few days — state of the 

Province, 629 

Order in Council vetoing the act for partition of lands in New-York 629 

Letter of Mr. Phillips to Secretary Popple, (enclosing) 630 

Letter of Colonel Vetch to Mr. Phillips on the boundaries of New-York 630 

Letter of Governor Hunter to Secretary Popple — his arrival in England 631 

Letter of Colonel Schuyler, President of the Council of New-York, to the Lords of Trade — state of the 

military in New- York — surveys of boundaries, 631 

Letter of Colonel Schuyler to the Lords of Trade — Indian affairs^boundary dispute with New Jersey, 633 

Memorial of Governor Hunter to the Lords of Trade relating to Colonel Schuyler 634 

Letter of the Lords of Trade to Secretary Craggs — Governor Hunter's memorial, 535 

Letter of the Lords of Trade to Secretary Craggs relating to Captain Evans' petition for a grant of 

land on Hudson river, 63S 


1''20- . ». T 1= «f T,.n,1o— •William Burnet appointed Governor of New-York, 636 

r;;i :;: ^vx:^^:P^^^^- ---"-■ - --■- -^ ^"•"' -°^"'^ .., 

Hunter being present l",.'" «■ ■ ^ ... 549 

July IS. Letter of Colonel Sehuyler to the Lords of Trade-Indian affairs, <tc • ^_^ 

June 17. Journal of Lawrence Clawsen's visit to Niagara,.........^- •• _ ^^^ 

July 20. Minute of Brigadier Hunter's interview with the Lords of Trade, ■ ^ ^^^^ 

July 26. Letter of Brigadier Hunter to Secretary Popple relating to he ^^^^r.- ^VJeU^^d'to [i^'^m Cwitb 

Aujist 2. Petition, or case, of the Palatines in New-York, praying that their Lands may be secured to t Cw^ ^ ^ ^^_^ 

marginal remarks) / • " " 655 

Trade, ■■■■.' „ . . 658 

Palatines, <te _ 662 

September 3 Conference of Colonel Schuyler with the Indians, . ,' 'V VhV Lords 'of 'Trade' 'about' the 

September 6. Minute of General Nicholson's and Mr. Long's attendance upon the Louis T.ade,^ ^^^ 

BeptemberU. He;:::n:2r;; ;;^C;mm;:.;;;;; ;rii;ii;. Aff..^ at ^i^ Bchuyle. concern^, the ^^^ 
bad state of affairs with the Indians, and the intrigues of the French J " ; ' , ,. .,^ 

September 2. Letter of dernor Burnet to the Lords of Trade-arrival in the Provmce-presents to the Indians- ^^^^ 
new Assembly ,' i" " 674 

October 17. Letter of Governor Burnet to Secretary Popple-new Assembly, •••••••••• 

pounds value of European goods, <Sic ^^^ 

November 29. Letter of Secretary Popple to Governor Burnet-Palatines, ..... ... ..... ^. • • • 

r her 14 Letter of Governor Burnet to the Lords of Trade-acts passed by the Assembly, 5S^ 

S:::':: ot L:«:: :; l Lords of Trade to Governor Burnet-Indian presents-new Assembly, ^c 583 

Marir' 9. Letter of Governor Burnet to the Lords of Trade-trade with the French, &c JSJ 

7 IS Letterof the Lords of Trade to Lord Carteret, Secretary of State, ( transmitting ) •.••••^••• 

i::: l Keplntluonof theLordsof TradetotheKing concerning Mr. Livingston's pe.t.on to .sign^o^^^^^^^ ^^^ 

in favor of his son " ■ ' " ko- 

June 18. Letter of Governor Burnet to the Lords of Trade-Palatines-intrigues of the French, 

July 12. Letter of Governor Burnet to the Lords of Trade-trade with the Indians, ^^ .••,-- - --- 

,Z 1. Memorial of Mr. Durant, late Chaplain to Fort Frontenac, concermng a post estabUshed at Niagara by ^^^ 

the French for trading with the Indians, 


1T21. PAGt 

September 8. Representation of the Lords of Trade to the King upon the state of His Majesty's Colonies in North 

America, 501 

October 16. Letter of Governor Biinift to the Lords of Trade — acts of Assembly — account of his transactions at 

Albany, Ac, 630 

September 7. Conference of Governor Burnet witii the Indians at Alliany, 635 

September 11. Governor Burnet's instructions to Captain Schuyler, Comm.andant at lerondequate 641 

November 3. Letter of Governor Burnet to the Lords of Trade — New- York revenue acts 643 

November 30. Letter of Governor Burnet to the Lords of Trade — act for partition of lands 644 

December 2. Letter of Governor Burnet to the Lords of Trade — more troops necessary for the security of the Province 

against the French and to restrain the Indians, etc 644 

December 20. Letter of the Lords of Trade to Governor Burnet in favor of Lady Bellomont's claim 645 


January 11. Letter of Secretary Popjile to Mr. Walpole respecting presents for the New-York Indians 645 

March 18. Letter of Governor Burnet to the Lords of Trade — Captain Holland's commission, 646 

June 6. Letter of the Lords of Trade to Governor Burnet — customs duty act in New-York — French establishment 

at Niagara — an extension of the British settlements recommended, <fcc 647 

June 17. Letter of Governor Burnet to the Lords of Trade — vacancies in the Council, itc 649 

September 26. Letter of the Lords of Trade to J^ord Carteret, ( transmitting ) 650 

September 26. Eepresentation of the Lords of Trade to the King upon certain exorbitant and grants of land in 

New- York, defrauding His Majesty, &c., 650 

November M. Letter of Governor Burnet to the Lords of Trade — Indian affairs — Virginia and Pennsylvania proposi- 
tions — French encroachments — settlement of the Palatines, <fcc 655 

August 27. Conference of Governor Burnet with the Indians 657 

August 29. Conference of Governor Spottswood with the Five Nations at Albany, 669 

September 7. Conference of Sir William Keith, Governor of Pennsylvania, with the Five Nations, at Albany 677 

December 8. Letter of Governor Burnet to Secretary Popple, transmitting naval officers' accounts, 681 

December 12. Letter of Governor Burnet to the Lords of Trade — proceedings of the Assembly — observations upon 

the acts passed— Indian trade bill — revenue acts — currency and i>aiicr money, Ac 682 

Mav 29. Letter of Governor Burnet to the Lords of Trade — Massachusetts negotiations with the Indians — 

Assembly, &c., 684 

June 25. Letter of Governor Burnet to the Lords of Trade — settlement of a trade with the Indians^necessity 

of a fort in the Seneca country, &e., 684 

Mr. Colden's account of the trade of New-York 685 

Mr. Colden's account of the climate, <fec., of New- York, 690 

Mav 29. Mmutes of an interview of the Commissioners for Indian Affairs with some Western tribes 693 

July 9. Letter of the Lords of Trade to Governor Burnet — Indian ati'airs — necessity of a union among the 

Provinces, Ac 697 

September 16. Letter of Governor Burnet to the Lords of Trade — Connecticut boundary, Ac, 698 

December 16. Letter of Governor Burnet to the Lords of Trade — New Jersey affairs — acts of New-York, Ac, 700 

An account of the number of inhabitants in the Province of New-York, A. D. 172.'5, 702 

December 16. Letter of Governor Burnet to LTnder-Secretary De La Faye — speculations on political affairs — 

French and Indian news — Boston and the Algonquins, Ac, 703 

December 16. Letter of Governor Burnet to Lord Carteret — military commissions — acts of New- York — Assembly of 

New Jersey, Ac. 704 

April 30. Order in Council repealing the act of New-York laying duties on European goods, and directing 

instructions to the Governors not to assent to any such acts hereafter 706 

June 17. Letter of the Lords of Trade to Governor Burnet— Five Nations — Indian trade— New- York acts, Ac.,. 706 

July 14. Representation of the Lords of Trade to the King upon the New-York act for the encouragement of 

the Indian trade, Ac, 707 

August 9. Letter of Governor Burnet to the Lords of Trade — Indian trade at Albany — French at Detroit — treaty 

with the Indians at Albany, Ac, 709 

August 9. Letter of Governor Burnet to the Duke of Newcastle — French and Indian affairs, Ac 710 


1724. P^°^ 

November 7. Letter of Governor Burnet to the Lords of Trade— French iutriguos among the Indians— petition of 

the merchants against him, ' ' 1 

September 14. Conference of Governor Burnet with the Indians at Albany 713 

September 16. Conference of the Massachusetts Commissioners with the Si-t Nations at Albany, 723 

November 11. Letter of Governor Burnet to the Lords of Trade — the merchants' petition, <tc 725 

November 10. A memorial concerning the fur trade of the Province of New-York, presented to Governor Burnet by 

Mr. Cadwallader Colden, "^26 

November 21. Letter of Governor Burnet to the Duke of Newcastle— Indian affairs— traders— complaints of the 

merchants, <tc., 

November 21. Letter of Governor Burnet to the Lords of Trade— observations on New-York acts— credit anjl paper 

currency — Indian trade at Schenectady, <fec ^35 

November 12. Report of the Commissioners for Indian Affairs, at Albany, to Governor Burnet, upon the merchants' 

petition against the New-York Indian trade act, <tc., i^O 

February 15. Affidavit of John Groesbeck and Dirck Schuyler, taken at London, respecting the Indian trade in 

New-York, &e '^'^^ 

May 4. Letter of the Lords of Trade to Governor Burnet— New-York acts— disapproval of his printing the 

merchants' memorial, Ac, 

May 6. Minute of the hearing before the Lords of Trade upon the New-York Indian trade acts, &e 745 

May 12. Minute of a further hearing before the Lords of Trade upon the New-York Indian trade acts, Ac. 749 

May 12. Letter of Governor Burnet to the Lords of Trade— Indian trade, Ac 756 

May 13. Minute of Brigadier Hunter's statements to the Lords of Ti-ade regarding the New- York Indian 

trade acis, <tc. ' ' 

May 15. Letter of Governor Burnet to the Duke of Newcastle- forfeited estates— futility of the complaints 

against him— Mr. Ingoldsby to be ordered back to New-York, <fec 1 58 

June 16. Representation of the Lords of Trade to the Lords Justices upon the state of the Indian trade in 

New- York, and recommending the repeal of the acts of Assembly relative thereto 760 

October 1. Letter of Secretary Popple to Governor Burned— directions as to papers, Ac, to be transmitted, 763 

November 17. Letter of Governor Burnet to the Duke of Newcastle— Indian affairs— revenue— conduct of the 

Assembly — Mr. Ingoldsby's arrival, Ac '6* 

November 24. Letter of Governor Burnet to the Lords of Trade— state of Indian trade— Assembly of New-Yoik— 

affairs of New Jersey, Ac "°° 

November 24. Letter of Mr. Clarke to Mr. Walpole, giving an account of the situation of affairs id the Province of 

New-York "^68 

December 6. Extract of a letter of Under-Secretary De La Faye to Governor Burnet— Mr. Walpole instructed to use 
his influence with the French Court to have a Governor of Canada appointed who will promote 

harmony, Ac, '' 

December 24. Letter of Governor Burnet to the Lords of Trade — acts of Assembly, Ac, 772 

December 24. Account of imports and exports at New- York from Christmas, 1724, to Christmas, 1725 774 

June 2. Letter of Governor Burnet to the Duke of Newcastle — military affairs — proceedings of the 

Assembly, Ac "'^ 

June 2. Letter of Governor Burnet to Under-Secretary Stany an— .commissions for military officers in New- York, 776 

June 2. Letter of Governor Burnet to the Lords of Trade — transmission of papers — Assembly's proceeding 

about a revenue, Ac, ' ° 

June 24. Letter of the Lords of Tr:ide to Governor Burnet— French and Indian trade — importation of negroes — 

transmission of dispatches, Ac, ' ' ^ 

June 24. Letter of Secretary Popple to Governor Burnet — discrepancy between the accounts he has transmitted 

respecting the fur trade and those of the London custom-house, Ac. '780 

October 14. Letter of Governor Burnet to the Lords of Trade — acts of Assembh", Ac 781 

December 4. Letter of Governor Burnet to tlie Lords of Trade — French and Indian affairs — fort at Niagara, Ac.,. . . 783 

Sept 7-14. Conference of Governor Burnet with the Indians at Albany, T86 

September 14. Deed of trust and confirmation of their lands, by three of the SLx Nations, to the Crown of Great 

Britain, Ac 800 

Jul V 6. Letter of Governor Burn«t to M. da Longueuil, Governor of Canada 802 


1726. Page. 

August 16. Letter of M. de Longueil, Governor of Canada, to Governor Burnet 802 

Deeemljer 4. Letter of Governor Burnet to tlie Duke of Newcastle — French fort at Niagara — Indian affairs — fort to 

be bnilt at Oswego, <tc 803 

December 4. Letter of Mr. Colden to Secretary l'o[)]ile — anxiety of the Assembly to increase their power — quit 

rents, itc, 805 

December 4. Memorial of Mr. Cohlen to the Lords of Trade against the New-York act for the partition of lands iu 

common, &c 807 

December 20. Letter of Governor Burnet to the Duke of Newcastle — mines in New Jersey — Assembly of New-York, 

ic 809 

December 20. Letter of Governor Burnet to the Lords of Trade — accounts sent — acts of New-York^conduct of the 

Assemblj', .tc, 810 

December 16. An account of negro slaves imported into the I'rovinee of New-York from 1700 to 1726, 814 

January 11. Letter of the Lords of Trade to the Duke of Newcastle respecting the French fort at Niagara and 

their intrigues among the Indians, in violation of the 16th article of the Treaty of Utrecht, <tc., ... 815 

March 2. Letter of Secretary Popple to Governor Burnet — accounts, Ac, to be sent 815 

March 23. Additional instruction to Governor Burnet respecting appeals, in cases of error, to the Privy 

Council, Ac 816 

May 9. Letter of Governor Burnet to the Duke of Newcastle— loss of dispatches, &c 817 

May 9. Letter of Governor Burnet to the Lords of Trade — fort at Oswego commenced, Ac 818 

1726. An account of the inhabitants of New Jersey in the year 1726, 819 

May 10. Letter of Governor Burnet to the Did^e of Newcastle — fort at Oswego — orders given not to provoke 

the French, &c 820 

May 12. Letter of Governor Burnet to Secretary Pojiple — New Jersey afi'airs 820 

June 29. Letter of Governor Burnet to the Lords of Trade — progress of the fort at Oswego — satisfaction of the 

Indians, &c., 821 

June 30. Letter of Governor Burnet to Secretary Popple — New Jersey affairs, Ac, 822 

August 12. Letter of Lord Townshend to the Lords of Trade — appointment of John Montgomerie, Esq., Governor 

of New-York 823 

August 23. Letter of the Lords of Trade to Lord Townshend 823 

August 23. Representation of the Lords of Trade to the King upon Mr. Montgomerie's commission, Ac 824 

August 24. Letter of Governor Burnet to the Duke of Newcastle— proclamation of King George II. — fort at 

Oswego completed — French summons that it be demolished — their encroachments, Ac 824 

Au"ust 24. Letter of Governor Burnet to the Lords of Trade — French opposition to the fort at Oswego — negotia- 
tions, Ac 825 

July 20. Letter of Governor Beauharnois, of Canada, to the Governor of New-York, 827 

July 15. Tlie Governor of Canada's summons to the officer at Oswego, 823 

August 1. Memorandum of Mons. Begon of his having summoned the commandant at Chouaguen (Oswego) 829 

August 8. Letter of Governor Burnet to the Governor of Canada 829 

September 8. Memorial of Governor Montgomerie to the Lords of Ti'ade for the confirmation of certain New-York 

bills, 8S2 

Septeiuber 28. Kepresentation of the Lords of Trade to the King upon the alterations in the drafts of Governor 

Montgomerie's instructions, Ac, 833 

October 4. Commission to John Montgomerie, Esq., to be Governor of New-York, Ac, 834 

October 19. Order in Council approving the drafts of Governor Montgomerie's instructions 841 

October 26. Letter of Governor Burnet to the Lords of Trade — (iroceedings upon the accession of George It, 841 
December 6. Representation of the Lords of Trade to the King recommending the disallowance of the New- York act 

for the partition of lands, Ac 843 

December 15. Letter of Mr. Colden to Secretary Popple — designs of the Assembly to weaken the King's government 

—Mr. Clarke's conduct— Council, Ac, 844 

December 21. Letter of the Lords of Trade to the Duke of Newcastle — necessity of putting a stop to the French 

encroachments on the Indian territory in New- York, Ac 846 

December 21. Letter of Governor Burnet to the Lords of Trade — acts of New-York — observations on the conduct of 

the Assembly — opposition to a Court of Chancery, Ac, 846 




April 29. 

May 6. 

May 6. 

May 30. 

May 30. 

August 13. 

August 13. 
October 1-5. 
November 20. 

November 30. 


April 2. 

April 15. 

May 28. 

June 30. 

July 19. 

August 2. 

August 2. 

August 29. 
October 20. 

November 17. 

November 19. 

November 22. 

November 22. 

December 21. 

November 26. 
November 23. 
December 21. 
December 21. 

December 21. 

January 28. 

June 9. 

June 20. 

June 20. 


Commission to the Bishop of London to exorcise ecclesiastical authority in the Amerioau Daiitations, 849 

Letter of Governor Mont'^omerie to the Duke of Newcastle — his arrival at New-York, <te., 855 

Letter of Governor Montgomerie to the LorJs of Trade — dissolution of the Assembly, <tc 855 

Letter of Governor Montgomerie to the Lords of Trade — Mr. Delaiicey recommended for the Council, Ac, 856 

Letter of Governor Mon^omerie to the Secretary of the Lords of Trade recommending Mr. Dclancey, itc, 857 
Letter of Governor Montgomerie to the Duke of Newcastle — opening of the Assembly — necessity of 

modifying the Court of Chancery, ifec, 857 

Letter of Governor Montgomerie to the Lords of Trade — Assembly — Governor Burnet, <tc. 858 

Conference of Governor Montgomerie with the Indians ' SiJ'J 

Letter of the Lords of Trade to Governor Montgomerie — observations on Governor Burnet's assenting 

to the New- York interest money act, which must be disallowed, &c., 870 

Letter of Governor Montgomerie to the Lords of Trade — New Jersey — acts of the Assembly of New- 
York — state of parties, <feo 871 

Letter of Governor Montgomerie to the Duke of Newcastle — military affairs 875 

Letter of Governor Montgomerie to the Duke of Newcastle — military affairs, Ac 876 

Letter of the Lords of Trade to Governor Montgomerie — repeal of act for partition of lands — Court of 

Chancery to be held, 876 

Letter of Governor Montgomerie to the Lords of Trade — conduct of Mr. Lewis Morris — his suspension 

from the Council — review of New- York affairs respectiug the revenue since the Revolution, &c.,. . . 877 
Letter of Mr. Lewis Morris, Jr., to the Lords of Trade — review of Governor Montgomerie's conduct — 

Assembly's proceedings, <fec., 882 

Letter of Governor Montgomerie to Under-Secretary De La Faye respectiug his conduct about the 

revenue, &c 88 S 

Letter of Governor Montgomerie to the Lords of Trade — Assembly of New-York — observations on the 

New-York interest money bill, <fce 889 

Letter of Governor Moiltgomerie to the Lords of Trade — acts of the Assembly of New-York, lic, .... 894 
Letter of Governor Montgomerie to the Lords of Trade — will hold a Court of Chancery, in obedience 

to the orders of their Lordships, ifee 897 

An account of the imports and exports from and to New-York from Christmas, 1723, to Christmas, 

1728, 897 

Representation of the Lords of Trade to the Privy Council recommending the repeal of the acts 

relating to the Indian trade, Ac 897 

Representation of Mr. Bradley, Attorney-General of New-York, to the Lords of Trade, upon acts of 

the Assembly relative to fines, Ac, 899 

Represeutation of Attorney-General Bradley accusing the Assemblies in the Plantations of aiming at 

independency of the Crown, 901 

Letter of Governor Montgomerie to the Lords of Trade — acts of the last session of the Assembly — 

observations, Ac. 903 

Letter from the Indian Commissioners at Albany to Governor Montgomerie — ^French intrigues, Ac 909 

Minutes of the Indian Commissioners at Albany — Senecas — Oswego, Ac 910 

Letter of Governor Montgomerie to Secretary Popple — Assembly of New-York, Ac., 913 

Letter of Governor Montgomerie to the Duke of Newcastle — desire of New Jersey for a separate 

government, 913 

Petition of Anthony Rutgers to the King for a grant of the swamp in New- York, 914 

Affidavit of George Montgomery and others relative to the swamp, Ac, 916 

Order in Council, referring the petition of A. Rutgers for a grant of the swamp, in New-York, to 

the Lords of Trade 918 

Letter of the Lords of Trade to the Duke of Newcastle respecting the intrigues of the French among 

the New- York Indians, Ac, 918 

Letter of Governor Montgomerie to the Duke of Newcastle — vacancies in the Council — Indian affairs, . . 919 

Letter of Governor Montgomerie to the Lords of Trade— garrison at Oswego — Council vacancies- 
Indian affairs, Ac - 920 

Vol. V. 

xviii CONTENTS. 

1731. Page. 

June 30. Letter of Secretary Popple to Governor Montgomerie— statements of affairs in the Plantations to be 

sent, &e., 921 

July 1. Letter of Rip Van Dam, President of the Council in Kew-Yoik, to the Lords of Trade, announcing the 

death of Governor Montgomerie, <tc 921 

July 21. Letter of the Lords of Trade to Governor Montgomerie — Indian trade — post at Oswego — paper 

ciiiTency in New Jersey, &c., 922 

September 1 1. Letter of President Van Dam to tlio Duke of Newcastle — state of the Province — forts, &c., 923 

September 11. Letter of President Van Dam to the Lords of Trade — meeting of the Assemblj- — prevalence of the 

small pox — forts — militia, etc., 924 

t)etober 29. Letter of President Van Dam to Secretary Popple — returns of trade, Ac 925 

November 2. Letter of President Van Dam to the Lords of Trade — ^acts of the Assembly — encroachments of the 

French, and their building a fort at Crown Point 926 

Koveniber 2. Abstract of the accounts of the number of inhabitants of the several cities and counties in the Province 

of New-York 929 

December 29. Letter of President Van Dam to the Lords of Trade — prevalence of the small pox in New-York, Ac.,. 930 

January 12. Letter of the Duke of Newcastle to the Lords of Trade, directing commissions, Ac, for Colonel William 

Cosby, appointed Governor of New-York and New Jersey, •. 930 

February 4. Letter of the Lords of Trade to Mr. Van Dam, advising him to hold Courts of Chancery, Ac., 930 

February 4. Letter of the Lords of Trade to the Duke of Newcastle, (with) 931 

February 4. Representation of the Lords of Trade to the King upon Colonel Cosby's commission, 932 

April 6. Representation of the Lords of Trade to the King upon the French encroachments in the Province of 

New-York, Ac 932 

April 28. Letter of the Lords of Trade to the Duke of Newcastle 933 

April 28. Representation of the Lords of Trade to the King upon Governor Cosby's instructions, 934 

May 4. Letter of Secretary Popple to Mr. Van Dam — transmission of papers, Ac. 935 

June 21. Letter of the Lords of Trade to Governor Cosby — Governor Burrington — apprehension of a war 

between the Noith Carolina Indians and the Five Nations, Ac, 935 

September 18. Letter of Governor Cosby to the Lords of Trade — his arrival at New-York — Assembly, Ac. 936 

October 26. Letter of Governor Cosby to the Duke of Newcastle — spirit of insubordination spreading in the 

Colonies, Ac, 936 

December 18. Letter of Governor Cosby to the Lords of Trade — manufactures in New- York very limited, Ac 937 

December 18. Letter of Governor Cosby to the Lords of Trade — members of the Council of New-York 938 

December 18. Letter of Governor Cosby to the Duke of Newcastle — vacancies in the Council, Ac 940 

December 18. Letter of Governor Cosby to Under-Secretary De La Faye — Mr. Alexander's removal from the Council 

strongly urged, 942 

May 3. Letter of Governor Cosby to the Duke of Newcastle — objections to Mr. Morris as Chief Justice — his 

removal necessary, Ac — observations on his conduct, Ac. 942 

May 31. Letter of the Lords of Trade to the Lords of the Privy Council, with draft of an additional instruction 

to Governor Cosby to annex the "Equivalent land " to a county in New-York, 950 

August 27. Letter of Mr. Lewis Morris to the Lords of Trade — his removal from the office of Chief Justice — causeless 

resentment of Governor Cosby — observations on his conduct, Ac 951 

August 29. Letter of Governor Cosby to the Lords of Trade — acts of Assembly — observations, 956 

December 15. Letter of Mr. Morris to the Lords of Trade — complaints against Governor Cosby 957 

December 15. Letter of Governor Cosby to the Duke of Newcastle — supplies furnished to the French garrison at 

Louisburg, 959 

December 1 5. Letter of Governor Cosby to the Lords of Trade — Indian affairs — improper conduct of the corporation 

of Albany — supplies to the French at Louisbtirg, Ac, 960 

Sept. 7-12. Conference of Governor Cosby with the Indians at Albany, 962 

November 11. Letter from the Governor and Intendant at Louisburg to Governor Cosby, 970 

Letter of the Governor at Louisburg to Governor Cosby, 97 1 

December 15. Letter of Governor Cosby to the Duke of Newcastle — forts — French and Indians, Ac 972 



1733. Page. 

December 16. Letter of Rev. Mr. Vesey to the Bishop of London — act of the Assembly of New-York respecting the 

parish of Jamaica works oppressively — Rev. Mr. Poyer and Rev. Mr. Colgan 972 

December 17. Letter of Governor Cosby to the Duke of Newcastle — conduct of Mr. Van Dam — articles of complaint 

he has exhibited, <tc 974 

December. Articles of complaint exhibited by Mr. Van Dam against Governor Cosby, 976 

December 17. Letter of the Council of New- York to the Duke of Newcastle upon the heads of complaint exhibited 

by Mr. Van Dam against Governor Cosby, 979 


The Lords of Trade to Lord Cornhury. 

[Ne-w-Tork Entries, 6. 18.] 

To the Right Honourable the Lord Cornbury. 

%^Z\nr letters of the S'>> and 17"> of July last, Duplicates whereof are here inclosed. 
We have received your LordP' of the 10'- of August and 3- of October relating to New 
York and one of the 10<- of September last relating to your government of New Jersey. 

The Account of stores of War remaining at New York which in y' LordP' letter of the 
10'" of August last is said to be there Inclosed is not come to our hands, and therefore we 
desire that your LordP wou'd send it by the next Opportunity. 

We have represented to Her Majesty, that Col> Pairtree be of the Council of New Yoik, m 
the room of M^ Lawrence, according to Your LordP' desire and the Order for his Admission 
will be transmitted to you. 

We have not received the Catalogue of M' Mott's books, which Your LordP writes you 
have sent us, and shall therefore expect the same, as also an Inventory of what he has lett, 
together with an Acc« of the Salary due to him at his Death. 

We have sent to W Attorney General what you writ in relation to the granting of letters 
of Administration and Probate of Wills, for his Opinion therein. And so soon as we have 
received the same, we shal lay it before her Majesty for her Royal pleasure thereupon. 

We desire Your LordP to be mindful of sending us all the Minutes of Council & Journals ot 
the Assembly both for the Province of New York and New Jersey since your LordP^ 
Government ; as also Accounts of the Revenue of both Provinces for the same time. 

We have laid before the Lord High Admiral what you writ us in relation to Cap" Fane and 
Cap-- Miles, and we doubt not but you will have received Directions thereupon However we 
send your LordP a copy of M' Barchet's letter to Cap- Miles for your LordP' information. 
Vol. V. 1 


We coiiinicnd your Lord'''" care and diligence in providing for tlie security of New York, 
upon the alarm of the French. And Coll Dudley having writ us some while ago that Cap" 
Rednap the Engineer was gone to New York We hope that by his Assistance Your Lord'' will 
have put that Province in a good Posture of Defence. 

We have not received the old Seal of New York which your Lord? mentions to be sent with 
your letter of the S** of October, and having eucjuired of M"' Sloper for it, he has acquainted 
us that it did not come to his hands ; So that we desire it may be sent by the next 

Your Lordi' may have opportunities of writing frequently to us, by the way of Virginia, 
Barbadoes, or the Leeward Islands ; By which Conveyances we shall be glad to hear from 
Your LordP as often as may be of the State of the Provinces under your Government. 

We send You here inclosed a letter from Her Majesty in the same terms as to the Governors 
of Her Majesty's other plantations, relating to the future passing of Laws of an extraordinary 
Nature, by which your are to be guided and directed upon such occasions. 

We think ourselves obliged to acquaint you that of late we have received several letters 
from the Plantations Inclosed in Covers directed to the respective Agents, By which method 
we have been many times delayed in the receipt of our letters, to the hindrance of business 
which required a quick Dispatch, and that many other letters not relating to Our Board have 
been inclosed in those packets, whereby we are charged with the Postage of letters not 
appertaining to us. We therefore Desire that for the future the letters addressed to Our 
Board be sent in packets by themselves, and not intermixt with others in which we have no 
concerns ; and that all Acts, Minutes of Council, Journals of Assembly and other public 
papers & letters whatsoever be directly addressed to us that so they may immediately be 
delivered to us from the General Post Office, separate and apart from all other private letters 
and Dispatches. We are. My Lord, 

Your LordP'* most humble Servants 

Robert Cecill 
Ph. Meadows 
W" Blathwayt 

Whitehal John Pollexfen 

March 20"' 1707. Mat: Prior. 

AUorneij GeneniV.s' Opinion, on ilio Law r<Jali)i<j to tlie Administration of Intestate 


[Now- York Entrk-s, O. 22.] 

To the Rigiit Honourable the Lords Commiss" for Trade and Plantations. 

May it please Your Lordshijis 

In obedience to Your Lord^'' commands signifyed to me by M"" Popple I have considered of 
the enclosed Extract of the Lord Cornbury's Instructions and of his letter relating to the 
granting of letters of Administration ; and your Lordships having required my opinion 
thereon, and what may be fit for Her Majesty to do in all the Plantations on the like 
Occasions, — And I do most humbly certify your Lord''* that by law where a man dyes 


Intestate in the Plantations liaving a personal Estate there, and also any personal Estate or 
Debts owing here in England, the right of granting Administration belongs to the Archbishop 
of Canterbury; And if Administration be granted in the Plantations also (which may be) that 
Adniinisf will be accountable to the Adminisf in England, but will be allowed the payment 
of just Debts, if paid in the Order the Law allows of, that is to say The whole personal 
Estate in England and the Plantations will be lyable to all the Intestates Debts in both 
Places, and out of the whole, first Debts owing to Her Majesty, then Judgments, Statutes 
and Recognizances, then Bonds, then Debts without Specialty both there and in England are 
to be satisfyed, and the Administrator in the Plantations will not be allowed the payment of 
any Debts without Specialty, if there be Debts of a superior nature unsatisfied in England, for 
every Adminisf is bound to take care to apply the Intestate's Assets to discharge his Debts in 
the Order the law directs, and it matters not whether the Debts were contracted in England 
or the Plantations, if there be Debts of equal nature in England and the Plantations, the 
Administr'' may discharge which he pleases before he be sued for any other of the like nature. 
This indeed is some Difl&culty on Administrators, but it is no more there than in England; 
and Attempts have been made by Acts of Assembly in some of the Plantations, particularly, 
as I remember, in Pensilvania, to appropriate the Effects in the Plant' of persons dying there 
the Discharging Debts contracted there, but those Acts have been repealed here as being 
prejudiciall to this Kingdom. I am also of Opinion that when the letters of Administration 
arrive at the Plantat"' under the Seal of the Prerogative Court of Canterbury they are to be 
allowed there, and the Authority of the Administration granted in the Plantations from that 
time ceases. 

All which &=» 

Edward Northey 
March 1707. 

Order approving Instructions regulating the Presidenc]] of the Council in the Colonies. 

[ New-Tork Tapers, y. z. T. 58. ] 

I "^SeIT [ -^t t'le Court at Kensington the 17"> day of Aprill 1707. 

Present — The Queen's Most Excell* Ma'^ in Coimcill. 

Upon reading this day at the Board a representation from the Lords Comm" of Trade and 
Plantations, with a Draft of a Commission for Robert Hunter Esq"" to be Governour of Virginia, 
together with an additionall alteration proposed by the said Lords Comm" for preventing 
controverseys and Disputes that may happen between the President and Councillors in the 
Plantations ; which Additionall instruction they humbly offer may be sent to all Her Majesty's 
Governours in America, Her Ma'^ in Councill was pleased to approve thereof, and accordingly 
to order as it is hereby ordered, that the said Additionall Instruction be prepared and sent to 
the Governours of Her Ma" Plantations in America according to y"" said Representacon. and 
the Lords Comm" for Trade and Plantacons are to prepare the same for Her Ma'>" Royall 
Signature accordingly. 

( signed ) 

Chris: Musgrave. 


Mr. Burchett to Mr. Popjie. 

i Ncw-Yurk Entries, G. 37. ] 

To W'" Popple Esq"" 

I have received your Letter of Yesterday's date v^ntli the Copy of a letter and other Papers 
from my Lord Cornbury, Gov'' of New York, to the Lords Commission" of Trade and 
Plantations, complaining of the Irregular proceedings of Capt° Fane, who commands Her 
Majesty's Ship the Lowestofle, upon account of a vacancy that hapned in the command of the 
Try ton Prize (the other ship which attends on the aforesaid Government) by the death of 
Capt" Miles. 

The several papers before mentioned I have communicated to His Royal Highness, and they 
have always been Read to his Council, and by the Prince's command I am to left you know, 
in answer thereunto, that altho' Capt" Fane has done more than his Duty, and strictly complied 
with his Instructions (an Extract whereof I send you) by appointing a Commander to the 
Tryton Prize when the Vacancy hapned, Yet His Royal Highness has commanded me to 
acquaint Capt" Fane that he is very much dissatisfied with him for his behaviour to My Lord 
Cornbury in other particulars, and the more so because he is, by the Instructions lie has from 
His Highness, particularly required to obey the orders of his Lord? during the time that he 
attends on the Govern' of New York. 

x\s the Lords Conunissioners for Trade and Plantations will find by the afore mentioned 
Extract of tiie Prince's Instructions (the whicli is the same as to the Captains of all ships that 
attend on Her Majesty's Islands and Plantations) that Capt" Fane had positive orders to place 
Officers in the Ships under his command, without any regard to those the Governor might 
pretend to appoint, so it is not known here that any Gov'' abroad has the least pretence to an 
Authority or Power of appointing Captains or Officers to Ships put under their Directions; for 
as it is directly contrary to the Instructions given by the Lord High Admiral to the Captains 
attending on forreign Plantations as is mentioned before; so is it indeed such an Infringement 
of the known Rights and Authority of the Office of High Admiral as cannot in the least Degree 
be dispensed with ; And therefore His Royal Highness knows of no further Instructions 
necessary for my Lord Cornbury's guidance, in this Affair of appointing Officers to Her 
Majesty's ships; Nay thus much I must further observe to you that altho' my Lord Cornbury 
shou'd suspend Capt" Fane for not complying with liis orders, yet the next officer to him in 
Seniority must, and will of course, take upon him the command of both the Ships attending 
the Govcrment (during the Suspension) without any regard in that case to any Person the 
governor may happen to appoint to that charge. 

What I have more to add is, that My Lord Cornbury has the same power invested in him, 
as Vice Admiral to His Royal Highness Lord High Admiral, within the Limits of His LordP'» 
governm' as any his predecessors, or the Gov''' of other Colonies, or Plantations have, and 
the Warrant to the judge of the High Court of Admiralty, to prepare Such a Commission for 
the Lord Gornbury, was dated the lo"' September 1102 ; But his Lordship has no more power 
by that Commission to appoint officers to Her Majesty's Ships, than the Vice Admirals of the 
maritime counties in this Kingdom have. 

I am, S% Your very humble Servant, 

Admiralty office J- Burchett. 

30''' April 1707. 


A.ddHio)uil Iihstnietion to Lord Cornhurij «.y to tJie Presidency of the Council. 

[ Xuw-Tork Entries, G. 24. ] 

An Additional Instruction to our Right trusty and wel belovi'd Edward Lord 
Viscount Cornbury our Captain General and Governor in Cliief of our 
Province of New York in America, and in his absence to our Lieut' Gov'' 
or Comander in Chief of our said Province for the time being. Given 
at Our Court at Kensington the S"" day of May in tlie Sixth year of our 
reign. 1707. 

Whereas by a Clause in Our Commission and Instructions to you our Cap" General and 
Governor in Chief of our Province of New York, it is directed that upon your death or 
absence (in case there be no Lieuten' Governor appointed by us upon the Place) the then 
Council do take upon them the administration of the Government, and that the eldest 
Counsellor do preside as by the said Comiss" and Instructions is more particularly set forth ; — 
And we having observed that this Instruction has given Occasion of many controversies and 
disputes between the Presidents and the Counsellors, and between the Counsellors themselves, 
and otherwise, in several of our Plantations, to the great hindrance of the public business, 
and to the prejudice and Disturbance of our service there. Our Will and pleasure 
therefore is, that if upon Your Death or Absence there be no person on the place 
commissionated by us to be Our Lieuten' Gov'' or Commander in Chief, The Eldest 
Cousellor whose name is first placed in Our said Instructions to you, and who shall be at the 
time of Your Death or Absence residing within our said Province of New York shall take 
upon him the Administration of the Governm' and execute our said Commission and 
Instructions, and the several powers and authoritys therein contained in the same manner & to 
all Intents & purposes as either o'' Governor or Commander in Cliief shou'd or ought to do in 
case of Your absence, until Your Return, or in all cases until our further pleasure be known 
therein. So We bid you very heartily farewel. 

By Her Majesty's Command 


Tlie Lords of Trade to Lord Cornhury. 

[New- York Enlrii-s, 6. 4«.] 

To the Right honourable the Lord Cornbury. 

My Lord, 

Her Majesty having been graciously pleased by Her Commission under the Great Seal of 
England to appoint us (together with M'' Stepney) Her Commiss"'' for promoting the Trade of 
this Kingdom, and for inspecting and improving Her Plantations in America and elsewhere, 
We have thought fit to acquaint Your Lord'* that it is Her Majesty's pleasure and express 
command that the Governors of all her Foreign Plantations do from time to time give imto us 


fre(juent and full Information of tlu> state and conJition of tlu'ir respective Governments and 
Plantations, as well with regard to the Adniinlstration of the Government and justice in those 
places, as in relation to the commerce thereof; and more particularly that the said Governors 
transmit mito us yearly Accounts of their said Administration, by way of Journal, together 
with the Acts of the Assemblies in the respective Plantations, and exact Accounts of all 
money given for public Uses, and how the same is from time to tim(> expended or laid out. 
All which things Your Lord? is therefore accordingly to observe in relation to the Province of 
New York committed to your charge. 

Upon this occasion we nuist remind Your Lordf that there are not in Our Ollice any Minutes 
of Council or Assendily, or Accounts of the llevenue since your Lordi" government, and 
therefore we must in a more particular manner Desire Your LordP to send us by the very lirst 
opportunity exact Transcripts of all such Minutes, Journals and Accounts since Your Lord'''* 
first taking upon you the care of that Governm'. 

We further Desire you by the first Opportunity to send us a Compleat list of the Names of 
the present Council of that Province, and together with that another list of the names and 
characters of such persons as you think proper to suj)ply the Vacancies that may happen either 
in the Council (according to Her Majesty's Instructions) or in any other Office wherein they 
are to be confirmed by Her Majesty's approbation. 

We also desire Your Lord^ to inform us what number of inhabitants there are within that 
whole Province, what Free men, And what servants, Wiiite and Black. 

To what Degree are tliose numljcrs increased or decreased since your Lord''^ entrance upon 
that Government, or since the last Estimate that you understand to have been made of them ! 

What do you conceive most proper to prevent the removal of the Inhabitants out of that 
Province into any of the neighbouring Colonies? 

What is the whole number of the Militia of that Province? 

What commodities are exported from that Province to England? 

What Trade is there either by Exportation or Importation with any other place ? And from 
whence is that Province now furnished with Supplies (particularly of any INIanufactures) that 
it was wont to be furnished withal from England ? 

How and in what particulars is the Trade of that Province increased or Decay'd of late 
Years? and what has been the reason of such Increase or Decay? 

What are the present methods used to prevent Illegal Trade ? and what further methods do 
you think advisable for that purpose ? 

What number of Ships or other Vessels are there belonging to that Province ? and what 
number of seafaring men ? 

What number and what sorts of these Vessells have been built there ? 

What Manufactures are settled in that Province of any sort whatsoever ? 

What quantities of Trayn Oyl are made annually in Long Island? and what other 
Improvement in any Sort of Fishery is or may there be made upon that Coast ? 

To all which Enquiries and to all such other matters as are required by your Instructions to 
be communicated to this Board We also further desire Your Lord'' to add whatever else you 
may in your own prudence think conducive to Her Majesty's Service, to the Interest of 
England, to the advantage of that particular province, and to our assistance in the Discharge of 
the Trust reposed in us. 

We are now to acknowledge the Receipt of Your Lord?'' letter of the 1-1"' of December last 


relating to the behaviour of Capt" Fane upon the death of Capt" Mile,.. We Transmitted a 
copy of the said letter and of the Papers referred to therein to the Admiralty for Ins Royall 
Highness' Directions tliereupon, and have received an answer by a letter from M^ Burchett to 
our Secretary, a copy whereof is here inclosed for your LordP'^ Information. 

In Act havin.^ heen passed the last Sessions of Parliam' for a perfect and intire Union of the 
two Kingdoms of England and Scotland, We send Your LordP two of the said Acts that it may 
brpubUstd in the luost Solemn manner in the Province of New York, and that lour LordP 
^ay take notice that Scotchmen are thereby to be looked upon for the future as Englishmen to 

all Intents and purposes whatsoever. We are My Lord , , ^ 

^ ^ Your LordP' most humb. Servants 

7'" May 1707. ^ 

•' Dartmouth 


Ph. Meadows 

Jn° Pultney 

Rob' Monkton. 

A>^swer of the Agent of New-Yorh to a Memorial against the Act va^aiing certain 

Grants of Land. 

[New-Tork Entries, G. 50.] 

To the Right Hoii'"^ the Lords Coramiss" for Trade and Plantations. 

The Answer of John Champante Esq^ Agent of His Majesty's Province of New 
York to the Memorial of John Montague, gent" on the behah, as is pretended 
of several hundreds of the Owners of Land, and principal Inhabitants ol 
that Province, touching some Acts of an Assembly there, begmning the 2 
of March 98 & ending the 16"" May following. 

^'in^Obedience to Your LordP'' Orders I shall humbly endeavour to Offer some reasons for 
Your Lordships' approbation of the Act entituled an Act for the vacatmg breaking and 
iLmro s V e 'travagant Grants of Land .V now under your LordP' consideration, which 
I hope "Lay serve as an Answer to that part of the Gentleman's long & elaborate Argument 

''TirC^tl'no^'^t the Gentleman ol^ects against is the Cause in which it suspends M^ 
GoTlfrey D mus The exercise of his Ministerial function in the Citty and County of Al any in 
fhese words,-That it having appeared to the House of I^ep-senUativ^s conve.d m Gen 
Assembly that M^ Godfrey Dellius has been a principal Instrument in De the MoUacK 
tZi'and illegally and'surreptitiously obtaining of ^^^ -^'.^^^^^'.ratr;^ "oi^^y 
hereby suspended from the e.xercise of his Ministerial fmaction m the City and County ot 
Albty. These Words are Represented to Your LordP' to be so uncertam as nothing can be 


more, not specifying how and in what the Indians were deluded, and liow M'' Dellius was 
instrumental &" 

In answer to this I shall plainly State the matter of fact, and then submit to Your Lord'''' 
judgment what weight this part of the gentleman's Argument carrys with it. M"' Dellius had 
been long minister at Albany tlie Frontier of that Province towards the French, and bordering 
upon the five nations of the Indians, with whom that City has a great intercourse on account 
of trade, as particularly M" Dellius had under the specious pretence of endeavouring their 
conversion ; this gain'd liim a sort of superiority over them, and an intire relyance on him in 
all their concerns, which he made a very ill use of, to obtain the lands in question specified in 
the said grant ; for he surmises to the poor deluded people whom he had purposely sent for to 
his own house, that some persons were endeavouring to procure from the then Governm' of that 
Province a grant of the said lands, liy which they would be utterly ruined, to prevent which he 
advised them to lett him, the said Dellius, and four more his confederates have the said land in 
trust for all the nation of the Mohacks, they not desiring to have a foot therein to their own 
use, but only as Trustees to the preservation of it to them the said Indians & their posterity ; 
Tbis, with other Arguments of the like nature were made use of to 8 of them, not altogether 
at a time, but severally & at different times ; and when some of the poor Creatures questioned 
the matter, and alledged that it was proper that all the persons concerned shou'd l)e present to 
consult together, they were answer'd that there was no harm in it, for it was for theif own 
Security : Upon such assurances as these it was said by them, let a writing be made to this 
purpose, and such Deed as they thought, and were assured it was, being offered to them, the 
aforesaid S persons, without any authority from, or the knowledge of any other of the Nation, 
perfected the same ; But as they had been circumvented severally, so they signed it without the 
knowledge some of the other ; And the Nation had no notice of it, till the matter came to be 
examin'd into, as it was soon after. For upon the first Applications to the late Governor of that 
Province, for a grant in His Majesty's name of the said lands, grounded on the aforesaid deed, the 
Magistracy and Commonalty of the said Citty of Albany petition'd against it, as what wou'd be 
a grievance to them, a violence to His Majesty's Governm' and destructive to the rights of 
that citty ; Notwithstanding which the said Gov'' having been pleas'd to pass the same, they 
immediately upon the Earl of Bellomont's arrival into that Governm' addressed themselves to his 
Lord'' by Petition on the same Account, who thereupon issued out several Orders for all persons 
concern'd to appear before him. Two of the said Patteutees upon these Proceedings were so 
honest and discreet as to Surrender their parts of the Said grant. Declaring in their several 
Resignations that whereas their true Intent and meaning was that the said land shou'd solely 
and wholly remain and be preserved, and kept for the use and benefit of that Indian Nation called 
the Mohacks, and that if it shou'd be otherwise, it would be a great discouragement to the 
Indians, and to the Trade of the City of Alljany, — They therefore freely, voluntarily and of their 
own accord, surrender and Resign &'' The three other Pattentees did not think fitt to appear, 
but his Lord'' proceeding to examine into the matter, the fraud of it fully appeared to be as I 
have laid it now before your Lord?' upon the Oaths of two Indian Christians, who were 2 of 
the S persons so circumvented. 

Upon these Transactions, the Representatives of the City & County of Albany thought it 
their Duty in the behalf of tliemselves and of the rest of the Freeholders of the same to present 
a Memorial to his Lord'' setting forth in Substance that they conceive the grant therein named 
to ))e injurious not only to His Majesty's Intrest, but to all the subjects inhabiting the said 


City Xc County, by reason that it wou'd constrain the Indians to desert tlie Province and fly to 
the French, by which His Majesty would loose a considerable branch of His Revenue arising 
from that Trade, and in case of another war, the Chiefest Strength of the Province ; it being 
manifest that unless the same had been manfully defended by the Indians, the French wou'd 
liave made many Inroads to the Disadvantage of it, and therefore they humbly pray HisLord'' 
to interceed with His Majesty for the vacating of the said grant, cV 

The Indians themselves being under a general discontent, the Earl of Bellomont thought it 
for His Majesty's Service to give the five Nations of them a meeting at Albany, where the very 
first thing that was complained of, in the name of them all, was this pernicious grant, and that 
in such tmplicite threats, and in such terms as deserve Your Lord^' observation, and at a 
conference two or three days after, where there was present 25 of the Chief of that nation, 
the Matter was thoroughly examin'd into, and the transaction affirmed by the whole body ol 
them, to be in the manner already recited, and was further confirmed by the Oath of a third 
Christian Indian, who served as Interpreter to M"- Dellius, when he was uegociating this Affair. 
The Earl of Bellomont, as his duty was, among other things communicated this matter with 
the proofs of it, and a Statement likewise of other extravagant Grants, to the Lords of this 
Honourable Board, and their Lordships were pleased to represent the same, and their thoughts 
thereon to their Excellencies the then Lord Justices, who upon that Representation sent orders 
to the said Earl to put in practice all methods whatsoever, allow'd by law, for the breaking 
and annulling Exorbitant, irregular and unconditionated Grants. 

The Assembly of the Province being mett, and the House of Representatives examining 
into several Extravagant Graut.s, and the manner of their having been obtain'd, they took 
cognizance of this unpresidented dealing of Dellius, which they looked upon to be such a 
Misdemeanour as that they order'd the following articles to be exhibited against him, and 
against Evert Banker and William Pinhorn, viz* 

" That the said persons (Dellius & Banker) being at that time intrusted with the Indian's 
" affairs did fraudulently deceive and delude several of the Mohack Indians to the number of 
" Eight, to sign a certain Deed of Sale of the greatest part of the Mohacks' land ; That they 
" did wickedly betray the trust in them reposed by causing them to sign the said conveyance ; 
" Whereas the Indians only intended to sign a Deed of trust for their own use. — That they 
" did upon this fraudulent & illegal conveyance procure a Patent of the late Gov' Fletcher for 
" the greatest parts of the Mohacks land, Whereas they cou'd at most challenge but S Shares of 
" several hundreds if their conveyances had been legally obtained ; That therein also they 
" betray'd the trust in them repos'd by the said Indians, in Procuring the Patent to them & 
" their heirs for ever, instead of having it made in trust to them for the People. — That they 
" the said Dellius and Banker did also betray their trust by taking in William Pinhorn as a 
" partner, who was never intrusted by the said Indians." 

M-- Dellius and M"" Banker being sumon'd did accordingly appear, and the charge exhibited 
against them was read unto them and upon their Desire a Copy of the said Charge was 
ordered them, and time allowed to give in their answer. M' Dellius instead of making any 
Defence fled the Country and came over to England ; But the Assembly having full proof of 
the matter before them, and which M-" Dellius' flight enough confess'd thought it a crime of 
too high a Nature to pass uncensured, and therefore since he had abus'd so much the credit 
which his function gave him, and brought a Scandal upon our religion itself among the Indians, 
they suspended him, by the clause against the Exercise of his Ministerial function, but that 

Vol. V. 2 


only in tlie jilace where he luid behaved hiins(4f so ill, viz' the City and County of Albany, 
and vsrhere his continuance might prove a very great Obstacle to the Conversion of the Indian 
Natives. This is the crime and these the several proceedings of the Government and 
Assembly there, before the enacting of this clause, which being in the nature of a Judgment 
given by a Legislative Power, upon full Examination and proof of the matter, need not, with 
submission descend into particidars, but specify in general Words the nature of the Crime, as 
is even in the Practice of the Courts at Common Law. 

My Lords, — As to the Act in General it is made in pursuance of their Excellencies the 
Lords Justices' Instructions, which are misrecited by the Gentleman and Deuyed to intend 
anything, but to N'acate (irauts by a Proceeding in the Ordinary course of Justice; The 
Instructions are to put in practice all Methods whatsoever alloweil by Law for the breaking 
and annidling of Exorbitant, irregular and unconditionated Grants ; and certainly the meeting 
and regular proceedings of this Assembly being according to the Constitutions of the Province 
and allowed by Law, their passing of this Act must be pursuant to these Instructions, which 
seem only to intend a Proceeding by the Legislative in the extraordinary woi'cl made use of, 
of breaking and annulling, which are never applyed to the ordinary proceedings on a scire 
facias in which the proper term is to repeal. 

This Act having therefore pursued their Excellencies Instructions, I humbly take my business 
to be to lay before Your Lordships the Exorbitancy, irregularity and other circumstances of the 
Grants in question, which brings them within the Intention of the said Instructions, and under 
a Necessity of being broke and aniuiUed : The two Grants the Gentleman most insists upou 
is that already mentioned, to Dcllius, and his Partners ol' the Mohaccj's lands, and another to 
Col' Bayard of lands of the sanu.^ Indians; Your Lordshi'" have already seen how good a 
])urchase was made of the 1^' lands, and there is full proof that that of the other in the most 
material Circumstances of it is not at all belter, for while these People were out a fighting in 
Our Service against the French, an agent of Col' Bayard's gets in with G Idle drunken men of 
that nation, and for a little Rum and some other Goods buys of them for the said Bayard a 
Vast tract of the Mohacks' laud without the knowledge of the Proprietors or any Authority 
from them to the said 6 Persons. If these Grants which strip the Indians so injuriously of 
their Property be not Vacated the whole 5 nations of them have Sufhciently shewn their 
Dispositions to desert, and then His 3Iajesty would loose a considerable brancli of his Revenue 
arizing from the Trade with them, The Frontier wou'd be weakned and left Exposed in case 
of another war to the Inroads of the French, and the Inhabitants of a great part of the 
Province forced to quit for their Own Security ; and with the fatal Consequences of this I 
humbly submit to Your Lorch" whether the honour of His Majesty and even of Religion itself 
is not Ingaged to see justice done to these poor Ignorant People, who often appeal to the 
Covenant Chain between us, and to the Protection the Crown of England has promised to 
them, and I presume it was upon such or more weighty considerations that their Excellencies 
gave their particular Instructions to have the grants of the Mohack lands annulled. Tho' as 
I humbly conceive more than enough has been said for the necessity of vacating these Grants, 
and which makes it needless to follow the Gentl" Paragraph by Paragraph, in his Argument, 
when the whole is without foundation, yett these will fall under other considerations with the 
Rest of the Grants vacated by this Act. 

The Constitution of the Province when under the Duke of York, and the Instruct"^ of 
former Gov" when it came under the Crown, permitted no grant of land to exceed the quantity 
of 2000 acres, because that was looked upon as much as was in the Power of any Grantee to 


improve and settle; and that Grants exceeding such proportions prevented the Cultivating, 
peopling and Strengthning of the Colony, and thereby manifestly tended to the Impoverishment 
& Ruine of it, therefore it was prudently provided for, by a law, that unless lands were 
improved and settled within three years after the respective grants, they were then to revert 
to the Grantor, or to that effect. There was likewise care taken of the Revenue of the Crown, 
by a Reservation of suitable quit Rents, viz' of a Bushel of Wheat or half a Crown for every 
100 Acres. And if the late Gov"" had no particular Instructions Yet the very trust reposed in 
him, shou'd have obliged him to do nothing contrary either to the interest of His Majesty, or 
the good of the Province he was sent to take Care of, neither of which he seems to have 
consulted in the passing of these Grants. 

The grant to M"" Dellius of a certain tract of laud lying on the East side of Hudson's River, 
bound as in the Act, and which is of 70 miles in length and 12 in breadth, may equal most of 
the Comities in England, and which, Reduced into Acres, will be found to contain above 
537,000 ; And tho' the Act makes of it but this Extent, in which I presume it follows the 
mistake of the Patent, yet the Account of His Majesty's Surveyor General there, gives it 16 
miles more of length, and that added to the former Acres, will make them amount to very 
near 620,000, for which a Quit Rent is reserved to His Majesty of a Racoon's skin per annum. 
The other Grant to Dellius and his 4 Partners, the land of which lyes on each side of the 
Mohack's River, and includes the very three Castles of that nation, contains 50 miles in length 
and 4 in breadth in which there ca'iit be less than 128,000 Acres, the Quit Rent reserved is 
one beaver Skin for the first seven years, and 5 Beaver Skins yearly for ever after. — The 
Grant to Col' Bayard is not so particularly set forth as to the length and breadth of it as the 
two former, in the Act ; Tho' by the boundaries it appears to be Extravagantly great, and 
the Indians, who are known to be Extraordinary footmen in their complaint call it a vast tract 
of land which a Young man had enough to do to run over in a day; And by this Grant his 
Majesty's Revenue is increased by the Reservation of an Otter's skin p"' Annum. Capt" 
Evans' grant by its Boundaries appears to be prodigious, and the' Surveyor General has 
reported it to be of 40 miles in length along Hudson's River, and in breadth of 30 miles in 
some places, and of 16 in others ; Which computed at a Medium must contain above 650,000 
Acres, which pay the yearly quit rent of 20 sh. yearly and one fat buck. 

These vast Tracts of land which by reason of their Situation contain every foot of ground 
in the said Province, remaining fitt to settle and to be Disposed of, were all granted away 
unsurvey'd, without any consultation with His Majesty's Attorny Gen' there, without any 
conditions to settle them in any time, as has appeared, and without any suitable Quit Rents 
Reserv'd to His Majesty, who by the said Grants is made imable to Reward by any gifts of 
land such who by their services there, either in peace or War, may deserve His Majesty's favour ; 
nor is there any room left for servants after their freedom to settle upon, and therefore no 
Incouragement for such to go thither, so that if such Extravant grants as these shou'd be 
confirmed, they would inevitably tend to the Impoverishment and Ruin of the Province ; for 
not to mention again the Desertion of the 5 nations of the Indians, and the fatal Consequences 
it wou'd occasion, it is impossible that such Extents of land shou'd ever be improved, and 
settled by so few Grantees, the Costs of clearing a single Acre having been Computed at 
above ^4, nor can it be expected that they will ever be able to meet with Farmers to 
purchase the same under them, when the Profit that will be expected by the grantees over and 
above the charges of clearing the lands, must be a load upon them, and when upon much 


easier terms they can have land in any of tlie nei^libouring Colonies, and tliere being then no 
prospect left that the Feopte, and consequently the Riches and Strength of the Province may 
increase, it must needs give a great Discouragement to the Traders, and others already settled 
there, as may cause a decay of the Trade, a Decrease of the Inhabitants, and at last the Utter 
Ruin of this His Majesty's most import;int Colony in America. 

Whereas by His Majesty's Approbation of this Act the Right done by the Government 
there to the Indians vvill be confirmed, and their loyalty to the Crown more established. His 
Majesty will be put into a capacity again of bestowing marks of His Royal favour there, and 
by a prudent disposition of lands for the future, and a suitable Reservation of Quit Rents 
which these Grantees had no regard to, the People's Strength and Riches of the Province will 
be increased, and His Majesty's Revenue there, in all the branches of it, improved; And 
here. My Lords, I must humbly submit it to Yo'' LordP' whether this Act in vacating Cirants 
attended with such pernicious consequences, and passed with such an Apparent breach of 
Trust, is unreasonable or unjust, or has done Anything to the Discouragement of Planting 
and Improving of lands, or to the Subversion of Government and reducing things to disorder, 
as the gentleman by many arguments endeavours to prove to Your Lord^' But, my Lords, 
if the Extravagancy of these Grants by reason of the \'ast Extent of lands they pass away, 
and otherwise sufficiently appear, I ])resume the other grants will prove no less extravagant 
when the nature of them comes to be considered ; For they have passed away the very 
Demesnes of His Majesty's Fort at New York & stripped the present & all His Mat^"' future 
Gov'* of almost all manner of conveniences of living; By one grant a lease is made to the 
Church of the King's farm, which used to supply the GoV* familly with corn, and the 
adjoyning meadow part of it by another is made away to Captain Evans and a third Grant 
to Col' Heathcot, takes away even a part of His Majesty's Garden, which served for sallading, 
and such like necessaries ; and in the generous fit the late Gov"' was in upon the news of a 
Successor, Nutten's Island the only Remainder of His Majesty's Demesnes, wou'd have gone, 
if the then Council there, wou'd have carried their Complyances but never so little farther. 

Commissions during his Majesty's pleasure are always superceded here, by the passing of 
others subsequent to them, and if in America the necessity of attairs continues one Governor 
in the Administration, till the arrival of Another, yet Reason and Modesty might oblige such 
persons at least to leave all things (especially the Advantages of the Crown) in the same 
condition as the first advices of His Majesty's will and pleasure found them ; But all these 
grants, as I am informed, of his Majesty's Demesnes, and most of the Rest before mentioned, 
were passed after the late Gov' knew very well his Commission was superceeded, and was 
well acquainted with the character of the person who was comming to succeed him ; He 
might think it high time then to Oblige a party of men, and to confirm them fast to his 
Interest, who had been all along linked with liim in his administration, of which tiiis 
Honourable Board has had a full account in Articles exhibited. And as I am informed fully 
proved against him, and might be very willing to streighten and put all the Inconveniences he 
cou'd upon a Government which cou'd but be conscious wou'd so little resemble liis ovsn ; and 
if such were the chiefest Inducements he had to pass these and most of the other Grants I 
humbly hope Your Lord^' will think it a sufficient Argument for His Majesty's confirming this 
Act, in the Breaking and Annulling of them. 

But says the gentleman, this Act is unjust, because it seizes into the Kings hands land thai 
were never the possession of the Crown, and instances in the Mohacks lands gi-anted to Col' 


Bayard and M"' Dellius ; in which with humble Submission he seems to me to be much 
mistaken ; The Act according to the Instructions, vacates and annuls these and the other 
gi-ants, and His Majesty is thereby fully and Immediately Reseized & Repossessed of all, and 
every the before granted and Demised Premisses, in as full and ample manner as if the same 
had never been before granted & demised ; Which clause vesting no more in the Crown than 
it was in possession of before the said grants were made, cannot be therefore construed to 
extend to the Mohacks lands, but must leave the Right of these, and of any other lands in 
the Act mention'd to stand as it did before the Grants were made, and so both the Governm' 
there and the Indians themselves have understood it ; These have by a public Address to the 
Lieu' Gov"' and Council, thank'd the King their Lord, and the Governor, for restoring to them 
their lauds again ; And declared that what they did was by the consent and knowledge of their 
whole nation. 

There are two more Objections against this Act which I beg to take notice of, which are, For 
that there is no care taken in it, to reimburse the grantees the charges they may have been at, 
and for that it seizes all, instead of Reducing the Extravagancy of the Grants to reasonable 
limits; To which I might answer in Short, that in this the act has but exactly pursued their 
Excellencies Instructions, which wei"e to break and annul, without any notice of pretended 
Improvements, and without directions to leave anything in the possession of the Grantees, and 
that in this it has but done what the late Act of Resumption of the Irish Forfeitures has in a 
much more Egregious manner, and which it resembles much more than the Gntl" is willing to 
allow, But as to his first, I believe were accounts of the pretended charges of these Grantees 
to be taken, they would amount to little or nothing : most of them having made no pretences 
of any, as ever I heard ; And Col' Heathcote who, as they say, has built something on that 
part of the King's garden granted to him, has been more than over paid (as I am inform'd) 
the costs by the usufruit of it ; However if His Majesty shall think fitting to have the matter 
examined into, I presume the Government there will be thought the best able to do it, and 
may with an inconsiderable charge make full Satisfaction ; and as to the second, if His Majesty 
shal think a Bayard or a Dellius, a Pinhom or a Banker, or any of the other Grantees fit 
objects of his Royal favour, it is fully in His Majesty's power by this Act, to grant unto them 
such land as to His Majesty shal seem fitting, and which I presume will then be under the 
limitations prescribed by the Lords Justices, in the Instructions so often mention'd, which 
already seem to have adjudged this matter, and to which I humbly refer myself, as having no 
Copy of them by me. 

I sha'nt trouble Your Lord^* with any Notice of the very great freedom [the gentleman] has 
treated the Legislative Power of that Province with, or of his Governour and 14 or 15 men who 
do such a deal of mischief in his Argument, for with such like Suppositions as he has made, 
the Constitution of this Kingdom which the other is but an Imitation of, might as well be 
Ridicul'd, and many of the Woud bees of his Majesty's Liege People frightened out of their 
wits ; And with like respect to your LordP= time I shall not recapitulate or make any Apology 
for what is here by Your Lordships Commands humbly laid before you ; Your Lord?' great 
judgment and Candour, will, I humbly hope, both pardon and supply the Defects of it, and not 
lett the Earl of Bellomont's Honour, which the gentleman has too much concerned in this 
matter to sutler by my weakness. I am with all duty. My Lords, 

Your LordP' most humble 

& most faithful Servant. 

October 26"" 1700. J- Champante. 


Mr. ClutDipantts Ohj<dions to Mr. Solicitor (reneraPs Iie2)ort. 

[Nuw-York Eiitric-s, li. 7(1.] 

Objections taken to M'' f^olicitor General's Report Relating to Several Acts of 
the General Assembly of New Yorls.. 

Objection 1"' Whereas in the said Report, there are several Allegations therein said to be for 
or against an Act, intituled an Act for the Vacating, Breaking and Annulling several Extravagant 
Grants of Lands, made by Col' Benjamin Fletcher, the late Gov"" of this Province, under His 
Majesty; It is objected thereto for that the matter of the said Allegations do not properly lye 
before M'' Solicitor, he being, as is conceived, only to consider tiie Reasonableness and lawfulness 
of the said Act, witli Respect to His Majesty's Prerogative, and the Customs of Parliament here, 
and therefore ought to have rejiorted Tliat the Proceedings of the General Assembly in passing 
the said Act, were legal and consonant to the Custom of Parliament, and that the said Act is 
not only not prejudicial to His Majesty's I'rerogative, but highly advantagious in reinvesting 
Great Tracts of Land in the Crown, and restoring the necessary conveniences of living to His 
Majesty's Gov'' and to His Majesty's Indian Subjects, the lands they had been defrauded of, 
and this in pursuance of His Majesty's Instructions by the late Lords Justices upon the 
Representations of the Lords Commiss" for Trade and Plantations, in which are specially 
expressed the Several grants of lands resumed by this Act. 

2'' As to the Allegations themselves generally Objected to as before, it is further Objected 
tliat there is no mention made therein of tlie fraud used by Dellius in Obtaining the said Lands 
from the Indians, nor of the Surrender to His Majesty of the other persons concern'd in the 
same grant. 

S"* Whereas the Allegations relating to M"" Dellius' Suspension and Character Recite that by 
the said -Act it is suggested he had Deceived the Indians but in what not mentioia'd, nor in 
Truth cou'd any person who appeared in behalf of that part of the Act say what Deceit that 
was. It is objected thereto, for that the said Act does particularly set forth that his Deluding 
the Indians was by an Illegal and Surreptitious Obtaining of the Grant of the Lands therein 
mentioned, and the persons appearing in the behalf of the said Acts, were ready and able 
to prove the same by the Depositions of the Indians concern'd & otherwise, but that M' 
Solicitor did declare that he must take the Allegations of the Act for granted and that he did 
not look upon the particular matter to lye before him, and thereibre it is yet further Objected 
that no particular Certificates in favour of ftp Dellius, such as in the Report mentioned, ought to 
be taken notice of, against the Sense & Judgment of the General Assembly, especially when the 
said Certificates were neither produced or read before the Persons appearing for the said Acts. 

4"' As to that part of the Report relating to M'' Heathcote's Grant which recites that the 
Act cals it an Extravagant grant, without expressing in what it is Extravagant, it is conceived 
that the Act fully sets forth the nature of the Extravagancy, and the Reason of the 
Presumption, by declaring it to be out of the King's garden, and part of the same ; And the 
Denomination it has in the very grant itself, is expressed by these words Part of our 
Garden; It is further objected against the words in the said Paragraph, viz' But nothing of 
it was proved, that they ought not to be incerted, because the land being Part of the King's 
garden, and therefore pleasant & necessary for the King's Governors, was proved as aforesad 


and as to the remaining Allegations of the Paragraph they were grounded on the Affirmations 
of both sides which were equal proof. 

S"" As to that part of the Report relating to tlie Grant of the King's farm, and which 
sets forth the Vacating of it by the said Act for being Extravagant without Expressing in 
what, it is likewise conceived, That the Act declaring it to be the King's Farme does therein 
sufficiently Express the Extravagancy of the said grant. And the Allegations against the said 
Act recited in the Report were without Proof, and are contrary to matter of fact. 

6"" As to the Allegations in general against the said Act, they are all without proof, and 
thei-efore ought not to be so much insisted on as they seem to be in the s** Report, which as is 
conceived shou'd not take notice of any Allegations against the General sense of the Province, 
expressed by their Representatives, without the highest Proof imaginable, And it is 
apprehended that the Allegations for the said Act are not set forth with the Proof, nor as fully 
as they were Offer'd. 

J. Champante. 

Allegations tvMch ovgJd to have heen inserted in tlie Report of the t^olicitor General. 

[New-Tort Entries. G. 74.] 

Allegations which of right as is conceived ought to be inserted in M"' Solicitor 
General's Report, relating to several Acts of the General Assembly of New 
York, if the Objections Offer'd to the Same by the ^Agent of the said 
Province be overruled. 

The Act chiefly objected against is the Act for vacating &" Several 
Extravagant Grants &" 

Dellius &^ Grant Vacated. 

Auegations. g^j- f^,. Confirming the said Act it was said that the pretended purchase of this 

so Vast a quaiitity of the Mohack Indians land, was Obtained Surreptitiously and fraudulently 
by pretending that it shou'd be only in trust for them the said Indians and their Posterity, and 
the better to secure it from the enemy in the then time of War, And that the said pretended 
purchase was complained of by all the five nations of the Indians as a Breach of the Alliance, 
and Redress therein desired by them. And that two if not more of the five parties to the said 
Grant have voluntarily Surrender'd their Shares therein, Declaring in the Deeds of Surrender 
the aforesaid Trust ; It was further said that this Tract of Land being so Surreptitiously 
purchased by Dellius, the Indians pro ut in the Report. 

As to Dellius' Suspension from his Ministerial Office the Agent does refer to his S"* Objection 
to the Report, and to what is above set forth : As to the fraud which is fully proved by the 
Depositions of some Christian Indians and the General complaint of the five Nations. 


M" Heatlicote's Grant. 
Allegation. ]3,j^ fgj. (^],p g^^|(] ^g^ jj .^^.j^j. f^^[^\ i]^r^^ ^\^q gjiifj la^d being part of the King's 

garden was pleasant and absolutely necessary ibr the Governor, being the only conveniency 
left him for either fruit or Sallad, and as being part of the King's demesnes, neither cou'd 
nor ought to have been granted away, And for the charge he had been at it was suj)posed 
that ftp Heathcote had reimbursed liimself by the Profit Received. 

As to the words, but nothing of that was prov'd, the said Agent refers to his 5"" Objection 
against tbe s'' Report. 

Lease of the King's farm. j3,,(- Cqj. (^],g gj^j^i jYct, it was said that this Farm was likewise part of the King's 

Demesnes, and therefore a great breach of trust in Col. Fletcher to grant it away; Tbat it 
was likewise necessary lor the present CJon'''* conveniency for the Support of his fi[miily, and 
tbat he had settled on tlie Minister in lieu of the said grruit about £30 [V A'" which was above 
t}0£ \V annum advantage to the said Minister 

Colonel Bayard's Grant. 
..\ii..£;.iiioii. j5^f f,-,,. (|-|g g^^^[ ^p^ j(- .^y.-^g g.-,j,| j]j,,^ j]|^, j..^jj purchase was Obtained of Si.x 

Indians when Drunck, and when the rest of the Nation were out a fighting against the French ; 
Tluit the said Persons had no right to sell the same, and that the whole nations applied 
themselves for justice to the Majistrates of Albany, & afterwards to Col' Fletcher, without any 
redress, and that this transaction is proved by the Oatlis of Christian Indians. 

Allegation Upou the wliolc, what is said against the Grants (E.xcept these few which are 

for the Conveniency of the Governor) is the great Extent of them, contrary to the usual 
Instructions of His Majesty's Governors there ; That there are no necessary conditions in them 
for the settling in any due time the said lands granted, which it is impossible for so few 
proprietors ever to do in such Vast tracts, and that consequently the Frontiers will be left 
naked and e.xposed ; Tbat there is no further Encouragement left, either to servants made free 
or to any persons who shall deserve His Majesty's favour in these jiarts, there being no lands 
left in the said Province fit to settle undisposed of; and that therefore the said exorbitant 
grants must be destructive to the said province. 

As to the Allegations against the said Act, the said Agent refers himself to his Aforesaid 
Ol)jections which with these Allegations are by him Submitted to JVP Solicitor's judgment. 


Colonel Hohert Q<'ci>'y to the Lords of Trade. 

[ riantatioa General Entries, XXXVII. (D.), ISO.] 

To the Right Hon'''" the Lords Commissioners for Trade & Plautat"' 

Right Hon""'. 

I have omitted no oppertunity of paying my duty to your Lordsliips, my hist was of the 
tenth of April, hy a ship from ^Maryland in whicli I gave your Lordships a hrief account of the 
severall Neighbouring Governments, Imt more particularly the confusion and distraction of 
M'' Penn's two Governments, that of Pensilvania and the other of the three Lower Countys 
which the Lieutenant Governor without any orders or Instructions (that ever I could learn) 
hath made a distinct Government of it, hath called Assemblys, made laws levyed forces and 
under pretence of something he calls a Fort, they have laid an imposition on all ships or 
vessells which pass up or down the River to force them to pay powder mony at a very 
extravagant rate for a ship of two hundred tunns amounts to near fifteen pounds in money, the 
Merchants and inhabitants of Pensylvania are inflamed at this law, and refuse to submit to it, 
the Lieutenant Governor and Assembly of the Lower Countys resolve to stand by their Law, 
so that the two Governments are in a state of war, the Fort firing guns with ball at all ships 
that will the law, come to and pay the powder money, the Masters of the Vessells are Ordered 
not to submit or pay, but if the great Guns miss of doing execution then they mann boats 
from the Town of New Castle and board the Vessells, and take the Masters out of them, and 
carry them to Goal they have pursued Vessells which passed by the Fort and have seized them 
in the Government of the Jerseys, even while his Excellency my Lord Cornbury was there but 
his Lordship quickly interposed, and the Vessells and Prisoners taken within liis Government 
was discharged, it is impossible for me to represent to your Lordships, the Confusion that is 
between these two Governments on this occasion, M'' Penns authority fighting against himself. 

But now I must lay the scheme in M'' Penns own province, and then the War is as hot and 
I fear of a worse consec|uence, then between the two Governments, for here is the Assembly 
against M'' Penn and his deputy and they against them, the Deputy Governor hath strangely 
incensed and disobliged all sorts of people on the other hand, the Assembly do carry their 
resentments against him, and the proprietor to that height, that they are resolved to have all 
the Government and powers into their own hands, they insist to have the sole regulation of 
all Courts, and the nomination of all officers, to sett when and as often and as long as they 
please on their own adjournments, they have filled a vollume with Votes and Resolves, and 
what they call their Rights and Privileges So that they have banished all Prerogative & 
Government but what is lodged in the Assembly I should quite tyre your Lordships, should I 
pretend to tell you the tenth of their folly & extravagancy, which may sufficiently convince all 
men, that the Quakers principles is not consistant with Government, I ought not to call it 
principles, but rather Temper and humour, which will oppose all Government and submit to 
none but what is lodged in their own hands I did not think fitt to trouble your Lordships with 
a long history of these confusions, by reason I have dayly expected to have heard that M"' Penn 
hath already surrendered up the Government to the Queen, or at least that it is done by some 
other persons for when ever the Government is in the Crown, all these confusions will be at 
an end, provided the Quakers are excluded from having the Administration of the Government 
in their hands, and now that this great truth may more plainly appear to your Lordships 1 beg 
Vol. V. 3 


leave to shew of how pernitious a consequence the infectious luunour, temper and evill priuci|ih'S 
'of the Quakers are of, in relation to Government give me leave to miml your l.onlships of 
that daring insolent Act past by the assendily of Pensylvaniu wliicli directly struck at the 
Queens Prerogative hy disowning iier orders and Instructions, and ])assing an Act in opposition 
to it, this matter hatli been laid before your i^ordships with an address from iier Majesty's 
good Subjects, who are members of the C'iiurch of England setting l()rth the very great 
injuries and hardsliii)S wiiich tiiey hd)our under l)y that unjust Ad, all whicii hath been hdly 
considered by your Lordships, and as I am inform'd, the proper resolutions taken thereon and 
therefore will not take up more of your Lordships time in making any further remarks or 
comments on it, but prt)ceed to shew the evill etfects and consecptenees of the Quakers insolent 
opposition and affronting the (jueens authority, and this will appear to your Lordships by the 
. severall steps taken by the same sect of People, the (Quakers of her Majestys Province of 
New Jersey, his Excellency my Lord Cornbury having issued out writts lor calling an 
Assembly the iirst step taken by Samuel Jennings the head of them, was his declaring 
that he would no longer serve the (^ueen as one of her Councill bis pretence was, that he 
could not bear tlie charge of it, i^ut the true reason was, that it was not in his power 
in that station to doe so much mischeif to the (Queens interest, as he might do in the 
Assembly into which he was sure to be chosen and in order to the having himself and others 
of his principals brought into the house of Burgesses, there was eflectuall care taken to possess 
the whole Country, that all their libertys and propertys lay at stake, & depended on tlieir 
choice of the Asseudily tln'y had prepared a list of such as they thought litf for tliat purpose 
and assured the people, that if they would choose of them that then there should be no money 
raised for the support of Government, nor any Militia Ai:t past, this was too powerfull a baite 
and produced tlie desired effect, those very men were chosen in tlie Western Division and the 
same methods taken by Collonel Morris and his faction in the Eastern Division but for the 
more eflectuall carrying on this design the heads of the faction in botli Divisions agreed on a 
most scandalous libell, of whicli they got a Aast nuudier printed, and took care to disperse 
them through the whole Province, perha[)s there was never a UKn'e scandalous libell published, 
a copy of which with the severall steps taken by his Excellency to discover the authors & 
publishers, I nnist refer to my Lortl who 1 presume sends it by this opportunity And now after 
all these indirect means used it is not strange, that they gained their end on an Assembly for 
their purpose who att the day appointed mett, and thru to shew that they were resolved to 
answer the end for which they were chosen, they satt above a month, in all whicb time they 
did not make the least ste[)ps towards the preparing any act for the support or defence of the 
Government, but their whole time was taken up in matters that did not concern them. The 
service of the Queen or that of the Country^ y'' particulars I cannot refer to the Journal of the 
house since the greatest p irt of what they did was secreted not only from the Clerk of the 
Assembly, but from severall of their own members and whilst the house was busy in doing 
what was nothing to the purpose. M' Jennings & Coll: Morris with the assistance of two or 
three others was very hard at work in hatching the most scandalous paper, that ever I saw in 
my life. I will not presume so far on your Lordsliips time as to make remarks on the severall 
parts of it since that will be done by all the Gentlemen of her Majesty's Council for that 
Province, who are the most propper Judges, and therefore will referr to their address but cannot 

1 The -words "tlie service of tlie Queen or that of the Country" ought, seemingly, follovr the word "Government" iu the 
preceding line. But the passage is printed according to the MS. — Ed. 


Ipt it mss without asserting thus much concerning it, that it is lalse malitious unjust and most 
let It pass without assen ^ Excellency most inhumanly without the least regard to 

barharously rude they have tieated Ins t>^^'^"^"^y considered him as a Gentleman, hut 

deeu rootmg in tnai ox lue ^ciocya vv. j i j n„ii . \Tr.vv a S^nmuell 

Governed ioi the oi r.nguum j it shall not oblige them unless 

own humour, if her Majestys Gover.iours »-,ll not consent to oh l^'f^'^ "which 

Zrn,™ „r* b: st onl' L:t7o::i<,eri„. „,»„ wiU .,. «... perha^ the, wih .ive 


presume to propose tlie remedy of these great ami growing evills, without your Lordships 
leave and direetioii, but I am sure something ought to be done and tliat quickly, I do most 
humbly begg your Lordsliips pardon for the freedome I take, sinee it proceeds from a most 
hearty zeal for the Queens Service, I am now hastening to visit all the Northern Governments 
from whence I shall iind subject matter enough to give your Lordships the trouble of another 
letter from which I hope your Lordships will excuse and pardon 

IV Hon""' 

Your Lordships most 
Philadelphia faitlifull & obed' Servant 

June ~!s, 1707. 1'Oe' Quary 

Lord Cornfiinnj fo tlie Boiird of Trade. 

[New-Yiirk Entries, II. ll:!.] 

To the Right hon'"'* the Lords Conimiss" for Trade & Plantations. & 

My Lords 

I trouble Your Lord'" with these few lines only to inclose an Address to Her Most Sacred 
Majesty the Queen, to congratulate the Hajipy Success of Her INLijesty's Arms in the last 
Campaign; It is signed by myself and all the Members of the Council now in being. We 
beg ^"our Lord?' will be pleased to lay it at Her Majesty's Royal feet; This wou'd have been 
done sooner but for the difficulty of getting all the members of the Council together; We 
therefore hope we shall not be thought negligent of our Duty. 

I take the liberty likewise to send Your Lord?* a duplicate of my letter of the 7"' of June, 
which was writ immediately after my return from New Jersey, in which I gave Your LordP' an 
account of the proceedings of the Assembly of that Province, that went by the way of 
Jamaica and I hope will reach your hands long before this. In March last I sent copies of all 
the Proceedings in the Assemblies of this Province since my coming liither, and of all the 
Minutes of Council 'till M'' Clarke can)e to l)e Secretary, and some time since that time; I 
hope the rest will be ready in a short time, I hope to send them by the next ship, which will 
sail in aliout three weeks time. 

I have nothing new to acquaint Your LordP' with, relating to this Province, only that two 
Privateers, one from Placentia, and the other from Petit guaves^ have been upon this Coast; — 
The first was an English i)acquet boat called the Queen Ann, She was taken in the West Indies, 
and was made a Privateer ; I had notice some Privateers threat'ued our coast, I therefore 
ordered Capt" Davis with Her Majesty's Ship Triton's Prize to cruize between the Capes of 
Delaware and the East End of Long Island ; Before he cou'd get ready I went to the 
Jerseys ; After he was gone he applied himself to the Gentlemen of tlie Council for some 
men he wanted ; They considering that it was the Season of the Year for vessells to come in, 
and fearing delays might be dangerous, they gave an Order to Capt" Matthews to send a 
Lieuten' and twenty men of this garrison on Board the Triton's Prize which was done, and 

' In the Island of St. Domin£;o. — Ed. 


immediately he went to sea, and that night he saw the Privateer, gave her chase All night, 
and at five of the clock in the morning he came alongside of her and poured in his broadside; 
the first Volley of Small shot the privateer made Captain Davis was shot in the neck, two 
soldiers and two Sailors were killed, and five more wounded, of which one Sailor is since 
dead, and one Souldier will dye; The Privateer had fourteen guns and one hundred and 
Eighty men, and fought very Stoutly, but Capt Davis plyed him so warmly, that the Privateer 
was forced to Run, The Triton's Prize chased her till night, that the wind dying away the 
Privateer took to her Oars, and so got away. Capt" Davis behaved himself as bravely and as 
well as any man in the world cou'd do ; Having lost sight of the Privateer he came into 
Sandy Hook, and sent up the wounded men ; And the Gentlemen of the Council sent him 
down some sailors they had caused to be pressed ; The next day he })ut to sea again, but had 
not the luck to meet with the Privateer; In a few Days the time of his Cruize being expired, 
he came into Sandy Hook, and himself came up to town to acquaint me with what had 
hapned in his Cruise. Two or three days afterwards I received a letter for Col' Seymour 
Gov'' of Maryland, and another from Col' Jennings, President of the Council of Virginia, to 
acquaint me that a French Privateer lay cruizing oft' the Capes of Virginia, and had taken 
seven vessells bound in thitber, from England and other places; That one of the Prizes had 
rausom'd, acquainted them with it ; That they had no man of War in their Governments, and 
desired I wou'd send one of the Men of War here, to cruize upon their Coast; I sent for Capt. 
Davis and asked him how soon he cou'd be ready to Sail, he told me in two Days, and the 
second Day he did Sail ; and seventy leagues oft" the Capes of Virginia he Re-took a Virginia 
Ship, which had been taken four days before, by a smal Privateer of four guns, and Seventy 
men, he brought the retaken Ship into Sandy Hook, sent her up hither, and is gone to sea 
again, in hopes to meet with the Privateer. This is all I can acquaint Your Lord?' with at 
present. 1 have not had the honour of a line from Your Lord?' these many Months. I am 
with great respect, 

My Lords, 

Your LordP' 
New York most faithful hum'' Serv' 

July 20"' 1707 Cornbury. 

Representation to tJie Queen in o'egard to several Acts of JSTeio-Yorh. 

[New-Tork Entries, G, 83.] 

To the Queen's most Excel' Maj'^ 

May it please your Majesty. 

Having under our consideration such laws passed in New York as have not yet been 
confirmed or repealed. We beg leave for the present to lay before your Majesty two of the 
said Acts, which in Our opinion ought in the first place to Receive Your Royal Pleasure, Viz' 

An Act for Vacating, breaking and annulling several Extravagant Grants of 
Land made by Col' Benjamin Fletcher, late Governor of this Province, 
under His Majesty; past at an Assembly held there the S'' of March 169f. 


and anotlier Act intituled 

An Aft for the Repealing several Acts of Assenil)l3% and Declaring other 
Ordinances puhlish'd as Acts of Asseinhly to he \'oid : Past at an Assenihly 
held there the 27"' November, 170l'. 

Upon which we hunihly fkcpresent to your ^lajesty, that upon the Earl of Belloniont's arrival 
in that Province, he met with great dilliculties by reason of several undue practices introduced 
tiiere bv the said preceding Governor, and particularly in relation to Extravagant Grants of 
land, wliereof the Earl of Bellomont was informed by a Memorial from the then Attorney 
General of New York, a Copy of which jMemorial is hereunto annexed : But in Order to the 
setting this matter in a full liglit. We humbly take leave to refer to the Annexed Extract of a 
Representation made by tlie then Commiss" lor Trade & Plantations to the Lords Justices, the 
19"' of October Ifi'JS, and the Papei's relating thereto. 

Upon which and for the reasons therein mentioned the said Lords Justices did on the 10"" 
November IGDs wi'ite to tlie Earl ol' Bellomont to the Eti'ect following. 

"Whereas manv exorbitant grants of vast tracts of land have been made of late Years (and 
' [larlicularly in some of the Mohacci's Country) without any llesei'vation of competent Quit 
' li'ents to His Majesty, or any Oliligation upon the respective Grantees, to cultivate and 
'improve the same, as l.'eason re(piires; By means whereof the Frontiers of that Province 
' are in danger of being weak'ned liy Desertion of the INIohacqs and other neighbouring 
' Indians; and tlie improvenu'Ut and peopling of the whole province must of necessity be in 
' great measure obstructed ; together with many Lu'onveniencies evidently attending the 
' same ; We do theretbre hereby direct and require you to jiut in practice all methods 
' whatsoever allowed by law, for the breaking and annulling of tlie said exorbitant, irregular 
' and unconditioned Grants, And in case of any difficulty tlierein, that you represent unto his 
' ]\Lajesty, by one of His Principal Secretaries of State, and to His Majesty's forementioned 
' Commiss''* for Trade & Plantations, whatever you judge may be further conducive to the 
'Effecting of so necessary a Work; And further for the prevention of all such like 
' Inconveniencies hereafter. We also hereby direct and Order, That for the future You pass no 
' Grants of Land within His Majesty's said Province of New York unto any Person 
' whatsoever, under a less Reservation of Quit Rent, than two Shillings and sixpence for 
' every hundred Acres, nor without an (Obligation u[)oii the (irantees to Plant, settle and 
' efiectually cultivate the same, witliiii the space of three years at the furthest under the 
' Penalty of the Forfeiture." 

Upon the Receipt of those Orders the Earl of Bellomont called an Assembly which met 
the 2'' of March 169 f and passed the first mentioned Act for Vacating several of Col' Fletchers 
Exorbitant Grants, viz' 

A Grant to Godfrey Dellius and others for a Tract of Land, lying on the Mohacqs 

River, containing about 50 Rliles in length and four Miles in breadtli. 
A Grant to the said Godfrey Dellius for a Tract of Land lying on the East side 

of Hudson's River, containing twelve ISIiles in breadth, and abont seventy 

Miles in length. 
A Grant to Col' Bayard for a Tract of Land lying upon a Creek which runs 

into the Mohacqs River, containing twenty four or thirty Miles in length ; 

Which land is also claimed by the Mohacqs. 


A Grant to Captain Evans for a Tract of Land lying on the West side of 
Hudsons River containing twenty miles in breadth and forty Mdes in 

A Grant to the said Captain Evans of another tract of land Adjacent to the 
King's farm, on tlie Island Manhatan, the Contents not known, but described 
by bounds 
A Grant of the fore mentioned Farm to the Church Wardens & Vestry Men 
of Trinity Church by Lease, for the terin of Seven Years from 19"' August 
1697, The Rent 50 Bushel of Wheat p'' Annum. 
A Grant to Col' Caleb Heathcote of a lott of ground, part of the King's Garden 
containing in breadth about 27 foot, and in length fifty foot, granted to Inm, 
his heirs & assigns for ever under the Yearly rent of one shilling. 
A Grant to the said Caleb Heathcote of another part of the said Garden by 
lease for the term of forty one years from the 19'" August 1G97, at the 
yearly rent of four Shillings, the contents whereof are uncertain, as it is 
described by being bounden by the Fence of the said garden, so far as the 
said garden in the rear does extend, and from thence into Hudson's River 
as far as Low Water RIark. 
Besides the Eeigbt foregoing Grants so Vacated as aforesaid, there do still remain in force 
several other exorbitant grants with the particulars whereof we shal forbear to trouble Your 
Majesty, til such time as it shal be judged proper by Your Majesty to have the like method 
taken for Vacating and annulling the said remaining grants by an Act to be passed m that 
Province, which however, from the reasons given by the Earl of Bellomont, We do apprehend 
may prove a work of great difficulty. 

We therefore humbly Represent to Your Majesty that the aforesaid Act for vacatmg Col. 
Fletcher's Grants having been transmitted hiUier, Objections were made against the confirmmg 
the said Act, which objections are in substance as follows 

" That such Proceedings wou'd render the Properties of all lands uncertain and precarious." 
" That the Lords Justices's Instructions being to break the Grants by legal means, the word 
" legal must relate to the law in being." 

" That therefore these Instructions can only mean to Vacate the Grants by a Proceedmg in 
" the Ordinary com-se of Justice." 

" That the lands of Dellins and Bayard were by the Grantees purchased of the Indians, and 
" afterwards Grants were taken of them from the Crown under final Quit Rents by way of 
" acknowledgment to fix the tenure and Soveraignty of them in the Crown so that as to these 
«' Lands the Revenues are not Diminished by the said Grants but the territories and Dominions 
" of the Crown are enlarged." 

"That if leases and Conveyances were made of any of the land thus granted, the 
" particular persons therein concerned woidd suffer unjustly. Nobody would lend Mony 
" upon Mortgage of any of these lands, or make Improvements under these Grants, or accept 
" of any leases or Conveyances upon them, nor accept them upon Settlements in INIarriage &^ 
"That supposing the Grants are Extravagant they ought not therefore to be annulled, but 
" rather retrenched, and brought to reasonable limits. 

" That if the Power of Revoking Grants be left to a Gov' Council and Assembly, the Gov' 


" may have the choice of so many of the Council, and Ii;ive sucli an influence in having his 
" own Creatures returned to be of the Assembly, that he may at any time Act arbitrarily & 
" unjustly in such Revocations. That in tiiis Case no redress being to be liad, otherwise than 
" by complaining to the Crown of such undue Elections, and the matter being to be proved 
" by witnesses to be produced here it will l)e so chargeable that few or none will venture upon 
" a thing of that nature, so that Justice will hardly be obtained. 

" That His late Majesty having solemnly declared under His great Seal, that Grants made 
" by his Gov" with the Advice of the Council, shoii'd be good and effectual against His 
" Majestv, his Heirs and Successors &'' It wou'd lessen the IJoyal Credit." 

To all which M" Chanipantc then Agent for New York, did re}ily as follows; 

" That the Assembly being according to the Constitution of the Province, their passing the 
" Act which repeals the Grants, is pursuant to the Lords Justices Instructions, which intended 
" a Proceeding by the Legislative Power, by the Words made use of, viz' biieaking, annulling. 

" Tliat Dellius' and Bayard's Grants were surreptitiously Obtain'd, the Proprietors l)eing 
" then out again the French, and not above six or Eight being privy to the Transaction; 
" Besides that these few were made Drunk, and a Vast tract of land obtained for a very little 
" purchase, upon my Lord Belloniont's Entriiig on that Govern"" and his Lord?'' citation of the 
" Persons therein concerned, two of tin.' Patentees of the Mohaccj's land, surrendered their 
"part of the said (irant, declaring that their meaning was, that the land should solely & 
" wholly be kept bv them in Trust for the bcnelit ot the ]Mohac(| Indians. 

" That the Indians themselves did by a pidilic Address to tlie then Commander in Chief & 
" Council there, thank his late Majesty for restoring to tliem their Land. 

" That if DeUius' (irant be not revoked the neighbouring Indians will be constrained to 
" Desert and tly to the French. 

" That in cases of this Nature particular claims ma)' afterwards be provided for. 

" That the Demesnes of tlie Royal Forts at New York, viz' the lease made to the Church of 
" the King's Farm, which used to supply the Governors with Corn ; the meadow passed away 
" to Captain Evans, and part of the Kings garden to Colonel Heathcote are extravagant tho' 
" not in extent yet in their nature. 

" That there is not a Christian Inhabitant on either of M"' Dellius grants, neither that 
" whereof he was sole grantee, nor on the other wherein Schuyler and others were Partners 
" with him, v'v/} The Mohack's Land, and the other Grants are liable to as great or greater 
" exceptions." 

A strong Argument urged for Vacating these grants is, that great Quantities of Masts and 
other Timber fit for Naval Stores, grow upon the lands thus granted away, which cannot be 
Regained to the Benefit of the Crown, till the Grants are vacated. 

S'' John Hawles then Solicitor General having been consulted upon this Act, We humbly 
take leave to annex hereunto a copy of his Report, together with the Exceptions taken 
thereunto by the said Agent of that Province. 

Thus the matter stood 'till the Lord Cornbury's arrival in that Province, when an Assembly 
was called, and the foresaid Act was passed for Repealing scirnil Acts rf Asscrnhhi, and Prvlar'uig 
other Ordinances ruhlisltcd. as Acts of Assemhlij to he Void. 

Upon which we take leave to observe that this last mentioned Act Repeals three Acts therein 
particularly named, which said Acts were passed by the Earl of Bellomout, viz' 


An Act for Regulatiiig Elections fm- Rcjircsentutlves in general Assembly in each respective City and 
County within this Province. Which Act was confirmed by His late Majesty the 5"' of September 
1700, and appears to us to be a good law, and ought not to have been repealed by the 
Assembly there without your Majesty's leave first had. 

An Act to prevent vexatious suits, and settling and quieting the yninds of His Majesty''s Subjects 
within this Province. 

And the foreraentioned Act for Vacating and Annulling several Extravagant Grants made by 
by Col' Fletcher, late Gove7-nor in this Province, wider His Majesty. 

And by general Words the said Act repeals all Acts past at an Assembly held there, from 
the 19"" of Aug' 1701 to the IS"" of October foUo^ving; and in due time We shal lay before 
Your Majesty, such of them as we conceive may be fit and proper for Your Majesty's Royal 

The reasons given for the repealing the foresaid Acts are set forth in the Preamble of the 
said Act of Repeal as follows, viz' 

" That several Acts and laws have lately been past in this Colony, with plausible and 
" colourable titles and pretences, some of them incongruous and unjust in themselves, others 
" to obtain private and sinister ends under the Cloak of Public Good, many pretended Acts, as 
" laws, by persons unqualified by right or law to sit or act in the Legislative power, and by 
" several as were not the choice of the People, And all of them instead of being for the profit 
" and Advantage of the Subject as they Ought to be, have been and proved to the Destruction 
" of Property, the confining and enervating of liberty, ruinous to trade, to the impoverishing 
" of the people, a Discouragement to Industry, and hurtfull to the Settlement and prosperity of 
" the Colony." 

Upon which we beg leave to Observe that the Lord Cornbury has not given us any particular 
instances or proofs to make good the foresaid general allegations, several of which seem to be 
of an extraordinary nature, particularly those relating to undue Elections, and Disability of 
several members who constituted the Assembly is therein mentioned. But on the Contrary 
such of the so repealed Acts as have hitherto been under our own Consideration, appearing to 
us to be for Your Majesty's service and the good of that province. We are humbly of Opinion 
that Your Majesty be pleased to Signify Your disapprobation of the Aforesaid Act passed in 
Novemb"" 1702 for Repealing Several Acts of Assembly and declaring other Ordinances published as 
Acts of Assembly to be void. 

As to the Act passed by the Earl of Bellomont for Vacating breaking and annulliiig several 
Extravagant grants of Land made by Colonel Benjamin Fletcher, late Gov'' of that Province. 

We are humbly of opinion that such Exorbitant grants as are therein mentioned are highly 
prejudicial to that Province, Wherein We are confirmed by Lett" from the Lord Cornbury, 
complaining of the said Grants ; and Declaring that for some time he refused to pass the 
Abovemeutioned Act of Repeal, whereby the foresaid vacating Act is among others Repealed, 
'till he was induced thereunto by the Assembl}''s having at the same time passed the Mony 
Bill, in that Letf mention'd. And we do therefore concur with the late Comiss" of Trade 
and Plantations, in their annexed Representation, That it is absolutely necessary the said grants 
be vacated; But that an Allowance be nevertheless made by way of Regrant to every such 
grantee of a suitable number of Acres, not exceeding two thousand, to any one person under a 
Vol. V. 4 


3'early Cjiiit Rent of two shillings nml sixpi-nre for every limidred aeres, with a covenant to plant 
settle and eflectually cultivate at least three Acres of Land for every fifty acres so taken up, 
within three years at the furthest, upon forfeiture of every such grant. If Your jNIajesty shal 
think fit to Approve thereof then We further propose, for the more convenient and equal 
setting out such Lands, That the (^iovernor Lieut, (iov'' collector Secretary and Surveyor Gen' 
of that Province for the time heing (the Sur\'i'yor Gieneral always to he one) or any three or 
more of them to Ite empowered to set out the lands so to be Regranted, they having regard to 
tlu^ l)rolita])Ie and iinprolitahle Acres, so that each grantee may have a ])roportionate number of 
one sort and t'other, as was done upon the Planting and Settling Your ALajesty's Kingdom of 

And that the production of Naval Stores in these Parts may not receive any impediment by 
such grants. We further liumhly Offer, that in all new patents the grantees be Restrained, under 
tiie Penalty of forfeiting their Patent, from burning tiie Woods to clear the land : And that 
there be a particular reservation of all Trees of the Diameter of twenty four Inches and 
upwards, at twelve inches from the ground, for 3Iasts for Your Majesty's Royal Navy, as also 
of such other Trees as may be fit to make I*lank, knees, &^ for the use of Your jNIajesty's 
Said Na^y. 

And in order thereunto We humbly olli^'r that Your ^lajesty be pleased to apjjrove and 
confirm the said Act for vacating Col' Fletcher's Extravagant Grants. 

All which is nevertheless most humbly submitted 


Whitchal Ph : Meadows 

.Tulv the 29"' 1707. J" Pultney. 

77/6 Zonh of Trade to tlie Earl of SinuJerland. 

[ Xfw-Tork Entries, G. 99. ] 

To the Right Honourable the Earl of Sunderland. 

INIy Lord. 

Having prepared a Report to be laid before Her Majesty in Council, upon the complaint of 
W Budge against the Lord Cornbury, for having seized and condemned his Ship at New York ; 
We transmit the same to Your Lordship, and are, My Lord, 

Your Lordp''' 

most liumble Servants 
Whitehal Ph. Meadows 

October the 23"' 1707. J" Pulteney. 


To tlie Queen's Most Excell' Majesty. 

May it please Your Majesty. 

In Obedience to Your IMajesty's Commands signitied to us by the Riglit Honourable the 
Earl of Suuderland, We have considered the Petition of Richard Budge complaining of great 
hardships laid upon him by the L"* Cornbury your Majesty's Gov"' of New York, and thereupon 
humbly take leave to lay before your Majesty the State of the Fact as it appeai'cth to us, as 

That the said Budge in the year 1702, being commander and part owner of the Ship Hope, 
came from the Bay of Campeachy with the said Ship loaden with Logwood, and in his 
Voyage towards Holland, whither he was bound, was obliged to put into Your Majesty's 
Province of New Jersey for wood, water and provisions. 

That the Lord Cornbury hearing thereof, seized the said Ship, and upon pretence of Illegal 
Trade caused her to be tryed, condemned and sold, together with her Cargo. 

That the petitioner Budge thereupon appealed to Your Majesty's High Court of Admiralty 
here. Where upon Examination of the Proceedings had by the Lord Cornbury, and a full 
hearing of the whole matter, the said proceedings and sentence against the said Ship were 
reversed, as Illegal and Arbitrary, and a Decree for Restitution accordingly made by the said 
Court of Admiralty. 

That the Petitioner not knowing how to get satisfaction did humbly apply to Your jNIajesty 
by petition for Redress, which petition Your Majesty was pleased to refer to D' Bramston and 
S' John Cook, who reported the illegality of the Proceedings against the said Ship and Cargo, 
and that the Lord Cornbury or his Officers ought to make full restitution of the said Ship and 
loading, or the value thereof, which according to an Affidavit made, amounted with charges to 
.£4200, 5' ; Whereupon Your Majesty was pleased to order the R' Hon"'" S'' Charles Hedges, 
then one of Your ^Nlaj'^'' Secretaries of State, to write to the Lord Cornbury, requiring him to 
make the Petitioner Satisfaction for the said Ship and Cargo. 

That the Petif thereupon returned to New York and Deliver'' the said Letter to his Lord'' 
and petitioned his Lord? for satisfaction according to the tenour of the s"* letf ; But that after 
nine months Expence of Time there, he cou'd obtain nothing, his Lord? only telling him, that 
he must apply to Your Majesty for one third part, and to the Informer for another, which 
Informer was onely nominal, having no share in the prosecution, nor any part of what the 
Said Ship and Cargo were sold for, as he himself informed the Petitioner. 

That the Petit^ was hereupon Obliged to be at further Expence of time and money in 
returning to England, in order to lay the hardship of his case before Your Majesty, for Your 
Majesty's favourable and effectual directions in his behalf. 

That, as a further Explanation, the said Cargo of Logwood which was solely owned by the 
Petitioner and which cou'd not be Subject to Damage by lying, was, together with the said 
Ship, immediately sold, and at an under value, without waiting for the issue of the said 
Appeal, which ought to have been done. 

That the loss including the charges of Prosecution and the Petif'' Expences in his Voyages 
to and from New York, amounts in the whole to £4775. 

That the Petif is by such oppressive and unjust Proceedings deprived at once of his whole 
Subsistence, which he had acquired by the Industry of .the best part of his life ; And that 
having a Wife and five Children, they are and have been for near five Years reduced to the 
utmost want & necessity. 


Upon cousideratiou of tliis whole matter We take leave to represent to Your ^Majesty, that 
we communicated the above said petition to the Lord Cornbiny's Agent here, for his 
Observations thereupon in case he had any thing to oft'er in his Lord?'" behalf; But he having 
signifyed to us that he had no knowledge of that matter, nor received Iroin the Lord Combury 
any account thereof; And his Lord? hot having taken notice to this Board of anything relating 
thereto, We are humbly of Opinion that the Lord Combury has acted illegally, to the great 
Oppression of the petitioner ; and that in so doing he has justly deserved Your Majesty's 
censure, and ought to make Reparation for the wrong done, iu order whereunto We humbly 
Offer that the Judgment upon the Appeal against his Lordi' be put iu Execution according 
to tlie Ordinary Course of Law. 

All which is most humbly submitt"* 


Whitehal P. Meadows 

October 23'' 1707 J" Pultexey. 

Mr. TJiohui'S Byerhj to the Lords of Trade. 

[ Sfw-York Enlrics G. 3il&.] 

To the Right honourable the Lords Commiss" for Trade «& Plantations. 

My Lords. 

1 humbly crave leave to lay before Your Lord^' an account of several difficulties & 
hinderances I meet with iu the Discharge of the Duty of my Office, as Collector and Receiver 
General of this Province, by Her Majesty's letters Patents. 

My Lords, I have heretofore been suspended from my Office, by his Excellency the Governor 
here, and Restored by Directions from the Right Hon"* The Lord High Treasurer, Yet not so 
Effectually as her Ma'^'^ Service requires. The books and Papers relating to my Office and 
Recognizances given for payment of moneys due to Her Majesty's Revenue, being Detained 
from me by M'' Fauconier, who acted as Commiss'' during my suspension. And notwithstanding 
I have been arrived here almost twelve mouths, he has not been obliged to adjust his 
Accounts ; without which I ca'nt perfect mine ; for the Ballance of his Account must be the 
first Article in mine ; This, My Lords, I have humbly Represented to his Excellency here 
(as you may see by the Inclosed) but without Success; That gentleman being Naval Officer 
and Chief Manager of Affairs here, which are by him and others, the Chief in the Government 
carry'd on contrary to Her Majesty's Interest; and whatever is Acted to that End, if contrary 
to theirs, is spurned at and discouraged ; That in doing my Duty I have been threatened to 
be murdered ; to be pulled out of the Custom house, and to have that puU'd down, and this 
(tho' complained of) is gone unpunish'd. 

My Lords I iiumbly crave leave further to acquaint Your Lord?' that I Lave given two 
thousand five hundred pounds Security to Her Majesty for the due discharge of my Office, and 
that is well known to his Excellency, Yet his Excellency has lately issued his Warrant under 
his own hand & Seal, and caused me to be taken by the Sherrif here, and to give two 


thousand pounds Security to appear before his Excellency and Council, under pretence I had 

Imbezled the Queen's Mony, and caused the Books belonging to my Office to be taken Away, 

which are since restored to me, and at my appearance before his Excellency and Council 

was told by his Excellency that he heard I was running Away. 

These, My Lords, are some of the many Indignities and hardships put upon me in acting for 

Her Majesty's Service, which I shall always endeavour to Promote ; Yet without Your Lord?' 

Protection & Assistance it will be extream difficult. I shall not presume to Offer to lour 

LordP' the means to redress those grievances, that being Submitted to Your Lord?' But must 

humbly begg of Your Lord? that if any Complaint be made to Your Lordships by his 

Excellency the Lord Corubury against me, that Your Lordships will allow me a due time to 

justify myself, and that I Act for Her Majesty's interest, That I am in all duty. My Lords, 

Your LordP* most obedient humble Servant 

^. ^. , T. Byerley. 

New lork 

DecemV IS"" 1707 

Ohservations of the Bishop of London regarding a Suffragan for America. 

I Lambeth Manuscripts, No. 711, p. 13.] 

The present disorders now arising in some of y' Plantations, and likely to increase to an 
entire discouragement of the Clergy there already Established, doe, I presume, fully convince 
the necessity of having a Bishop Established in those parts. 

The only question therefore is, what sort of Bishop will be most proper first to settle there. 
An absolute Bishop, as that of the Isle of Man, will not be so proper, at least to begin with, 
for these reasons. 

1. It will give a gi-eat alarm to the several colonies, as it did in K.Charles y« 2<'' time, when 
there came over Petitions and addresses with all violence imaginable. 

2. Because the grounds of that great opposition are generally still y' same. 

3. For the true reason of their averseness to a Bishop, is the great apprehension they have 
of being restrained from that Licentiousness they now too often put in practice. 

4. As in Virginia they seldom present a Minister to the Governor to be inducted, but keep 
him as a probationer all the while he stays with them, that they may make what Composition 
they please with him for his allowance, and it may be give him leave to make up the rest by 
taking care of a Neighbouring Parish. 

5. Besides, all over the Plantations they frequently take other men's wives, are guilty of 
Bigamy and Incest, which they are apprehensive would be more strictly enquired into, had 
they a Bishop to inspect over them. 

Now a Suffragan would come among them with all necessary power to restrain vice and 
keep good order, without any noise or clamour. 

1. They having been already used to a Commissary, a Bishop will come in upon them more 
insensibly, if he comes over by the same Authority, and under y' same Jurisdiction as the 
other did. 


2. Confirmation, Consecration of Churches and conferring Holy (,)rders are powers they 
desire to liave among them ; and wlien tliey come in only l\y the change of a Title, it will be 
cheertiilly received as a thing of their own seeking. 

3. It will he the safest way to take at hrst for a proof how it will take amongst them, and 
all faults and defects may more Easily be corrected and amended : because it will not be neer 
so troublesome to (juestion or remove a Sutlragan Jiisliop as another ; nor A\ill his being put 
out of ofKce be neer so inconvenient. 

4. Besides, the beginning of any new Establishment ought to be carried on gradually, which 
will make all steps Easier and in case of disappointment the matter will not be so grievous. 

This is what occurs to me at present of such observations as I apprehend proper 
to be layed down. 
[Dec. 1707.] 

Colonel Qi(anj to the Lords of Trade. 

I riaiUaliHn Gentral Eiilrios, XXXVU. (D.l 'JiKl. ] 

To the Right Hon'"''' the Lords Commissioners tor Trade & Plantations. 

K' Hon''"^ 

I have omitted no oppertunity of writing my last was of the 28 of June, a copy of which 
is inclosed to which [ referr, since which I have in the discharge of my duty, visitted all the 
Provinces on the main of North America, after I had taken my departure from New York 
Government; the next place I came to was the Province of Conecticut, the seat of Government 
is called New London, tho' not much like Old London, I attended the Governor Collonel 
Winthrope who received me very kindly, and desired me not to look too narrowly into the 
mistakes of that Government ; I quickly found that there was good reason for the caution, for 
when I went to examine the Custome house I found nothing but confusion & roguery, I was 
apprized of many dishonest practices acted in that place before I went, but did not expect to 
find matters so very bad, the person that acts as Collector was one RP Withred a Pillar of their 
Church but a great rogue which I am sure your Lordships will beleive when I tell you, that 
there is no villany that a man in his Post could doe, but was constantly practiced by him, 
severall vessells that made a Trade of running Tobacco from the Out Parts of Virginia without 
entry or clearing, came directly to this Government, and landed their Tobacco but what was far 
worse, he gavje false Certificates for the shipping oft' this Tobacco to other of the Plantations, 
in which he certifyed ; that the Tobacco illegally imported, was legally imported and that the 
Queen's duty was payd, I have found severall of these false certificates, filed in the Custome 
house of Boston, where considerable quantities of this Tobacco hath been sent, as well to other 
of the Plantations, it would tire your Lordships, should I give you the history of the illegall 
Trade carryed on and encouraged in this Government from Curacoa, Surinam and other places. 
Before I leave this Government, give me leave to acquaint your Lordships that this [is] a very 
populous Country, able to raise ten thousand effective men, and yet would never assist their 
neighbours in defending the Frontiers from the publick enemy nor secure their own from the 


insults of the enemy wlio hath destroyed whole towns and earryed a way tlie inhabitants for 
want of a regulated Government, and Militia, there is in this Cover' five or six Ports of Trade 
some of them considerable, the people are of a very turbul' factious uneasy temper, I cannot 
give their character better then by telling your Lordships that they have made a bodv of laws 
for their Government, which are printed, the first of which is, that no law of England shall be 
inforce in their Government till made so by an Act of their own and wlien I have told your 
Lordships this I think there is no further room to admire at any extravagancy acted in that 
Government; I have turned out all the Collectors in this Government and put others in their 
places which I hope will make some alteration, though I must own that I liave no hopes of 
preventing illegall Trade in that Govern' whilst it is in the hands of those people, after I had 
spent some time in this country I view'd all the sea Ports & settled the officers of the Customs 
as well as I could. I went hence to Rhode Island, which is a distinct Government, not so 
populous as Connecticut, but have been more ready in assisting their neighbours against the 
publick enemy it is scituated betwixt Connecticut Province and that of New England, the 
scituation of this place is very happy for Trade, having a verj^ good harbour, with an easy & 
quick inlet from the sea, their chief Trade is to the West Lidies but more especially they have 
a great Trade to Curacoa and Surinam, the Cheif town of Trade is Newport, which is grown 
in few years to be a great Town, mainly by illegal Trade to those places, nor is it possible to 
prevent it while the Government is in the Proprietors hands. 

From this place I went to Boston where I spent some time, and am obliged to make some 
remarks to your Lordships on the Trade and circumstances of that place, and Government; 
Boston hath been a place of great Trade, but the war hath extreamly impoverished them ' 
so that the Trade is not now oue third of what it was the main of their Trade consists 
in their fishery lumber and building of shipping, the fish they carry to Lisborne, Spain and 
to severall Ports in the Streights, and this gives them an opportunity of carrying on an illegal 
Trade, by bringing the produce of those Countrys contrary to law nor doe they want 
conveniency enough to run these goods before they come into the harbour of Boston as at 
Marble head, Martins Vineyard and other places and nothing can prevent it, but a small Sloop, 
the Lumb'' they carry in their ships they build to Barbadoes and other Islands from whence 
they get freight to England, but this part of their Trade is verj'^ much lessen'd by the great 
number of their ships taken by the enemy but what is farr worse than all this, unless her 
Majesty be Graciously pleased to apply a very speedy and effectual remedy, and that against 
their own wills, they and that Country will be utterly ruined by the French who are now 
settled and fixed at Port Royall just under their noses, which will quite destroy their fishery, 
nor will their ships be able to go in or out of their harbour, without being taken, unless they 
are at more charge in maintaining ships of force then all their Trade is worth, and all this 
Miser)' they have brought on themselves, by the cowardice and ill conduct (to say no worse) 
of their late expeditions. Were this matter searched to the bottome it would discover a black 
story not fit for me to mention, I am sure your Lordships will be strangely surprized at mj' 
telling your honours, that notwithstanding all the misery that hath happened and still 
threatens New England, from the settlement of the French at Port Royall, yet there hath 
been and still is (as I am informed) a Ti'ade carryed on with that place by some of the topping 
men of that Government, under colour of sending and receiving Flaggs of truce, the history 
of this affair is too long and perhaps not so proper or safe for me, but it being of so great a 
consequence to her Majestys service, I thought it my duty to give your Lordships this hint. 


M'" Breutou the late Collector of New England designs for England by this fleet, and will 
attend your Lordships, he is able to sett this matter in a true light, having ample vouchers 
for every thing and therefore shall referr your Lordships to him. 

The Government of New England, hath not only intailed this misery on themselves, but on 
all the Continent of America, lor the French haveing so effectually settled themselves at Port 
Royall all their Privateers will settle their and run the Trade of all her Majesty's Governments 
on the main, having a safe Port to goe to & so near, whereas they were forced to come from 
Marteneco or Canada to infest our Coasts liut now it will lie done with ease. 

I have often represented to your lion''" the unhappy circumstances of her Majesty's Provinces 
on North America, who are ruined in tlieir Trade hari'ass'd and destroyed by a handfull of 
people, for the French are not more then three thousand eflectlve men in all the parts of 
Canada, and Port Ifoyall, whereas tlie (jueen hath more then Eighty thousand men in her 
severall Provinces, which are able to eat up the French, and yet this handfull of men w"" their 
conduct will in time if not prevented ruin us all, I have represented the true state of this 
affair to your Lordships very tully in severall memorialls, to which I cannot add but am sure 
if some etfectual means be not used this Warr, to remove the French, it will be too late 

I will not presume further on your LordsliP'' time by inlargcing on tiiis subject but with your 
honors leave return to the Governments of New Yorke, and New Jersey, neither of which 
places iiave taken the ]iroper methods of raising a fund for the sujjport anil defence of the 
Country the Assembly of New York, hath hitherto had some regard to the safety of their 
Frontiers and support of Government, but not so efiectuall as to answer the end, p''haps they 
may better consider the state of affairs at their next meeting but as tor the Assembly of New 
.Jersey, I much fear they will not do anything either for the Queens service or the Country, 
in resjsect to its defence or support, especially so long as they are influenced by three or four 
men amongst them, they sate at Amboy in October last, but would do nothing, but past a 
vote that they would raise no money till their grievances were redrest and then but for one 
year, what their grievances are will appear to your Lordships by the inclosed remonstrance of 
theirs, to which his Excellency hath given an answer; Your Lordships will And that the 
Queens Instructions are part of their Grievances, I am very sure that it is impossible, to 
satisfy or please the turbulent uneasy spirits of two or three men in that Assembly, who would 
sacrifice the happiness and quiet of the whole country to their private resentments, revenge, 
and malice, I assure your Lordshij)s y' I have no diflereuce or the least prejudice to any of 
these but what I say is the opinion of almost all that know these men nay there are many 
that will give this Character of these men, who at the same time will warmly justify their 
proceedings in Assembly, by reason that they think they reap the benefit of it in not paying 
any money towards the support of Government or being imder any regulation of a Militia, 
these are powei-full motives for their choosing such men into the Assembly ; As for M'" Samuel 
.Jennings and the rest of the Quakers, they are driving at the same game acted in Pennsylvania 
by their Friends there, who are resolved to allow no prerogative of the Crown nor any pow"' 
in a Governour but will have all power lodg'd in themselves, as I have represented to your 
lion" in my former, and therefore since their principales and practices are such, I think they 
are inconsistent with Government, and ought not to be intrusted with it, I doe most humbly 
presume to mind your Lordships that this growing evill and mischief requires a speedy 
remedy else I fear will spread over the whole Continent so that in time if not prevented the 


Asseniblys of America will find work enough for your hon'''"^ Board to reduce them to reason 
or keep them within the bounds of it, to dispute the Queens prerogative in her instructions of 
Government to refuse the raising such a revenue as may support her Government, to neglect 
the settling a Militia for the defence of the Queens Provinces, to libell, slight and affront her 
Governours, ai-e such steps as ought to be taken notice of in time, for fear they should goe 
further, the due considerati(5n of all which is most humbly submitted to your Lordships 
wisdome and Judgement by 

R' Hon"'" 

Your Lordships most 
Philadelphia faithfull & obed' Serv' 

Jan: the 10. 170J Robert Quary 

Lewis Morris^ Esq., to the Secretary of State. 

[ New-Tork Papers, TI. 13. ] 

Right Hon''''' 

I was entrusted by the Assembly of New Jersie to transmit you a letter from the Speaker, 
a peticon from that house to the Queene, a remonstrance made to his Excellency my Lord 
Combury, and some affidavits taken before them. All which I sent by severall conveyances 
and they allso come with this with an adition of what has been done since, which is a reply 
made by that House to an answer of his Lordship to them. 

I did not transmit bis Lordship's answer because I had no directions from the Assembly to 
do it, and because I did supose he would take that care, being what he vallued himselfe very 
much upon, but I believe consideration has abated that good opinion he had of it when the 
transports of his passion were recent, and perhaps has been a meanes of nindring its coming to 
your hands, or of making those alterations without which he could not but know he would 
before so competent a judge, very much arraigne himselfe in his assertions about the powers 
of the House of Commons or (pardon the expression when 'tis used comparatively) of the 
Generall Assembly of New Jersie. I therefore send it as he caused it to be | nnted at New 
Yorke, and would advise that the severall Assemblyes of the Plantations be directed from time 
to time to send coppies of their Journalls to one of her Majesties Principall Secretaries of 
State, directly from themselves, and if some such method were taken with tht,' severall 
Councills, I am very much deceiv'd if the acco"^ you receive were not much more to be 
depended on y" now they are. 

How just my Lord has been in his representations of men and things he best can tell, but if 
from what has been seen of them here an estimate may be made of what has not ; truth, or 
indeed a good judgment, is what is least to be expected in them, and a character wliose 
veracity is not to be depended on, is not the fittest to command Provinces. Such persons 
ought be strangers to mean complyauces, but when they prostitute their reputation and fall 
victims to an avaritious temper, stooping to sordid measures for gaine, become the merchandize 
of factions and price of the highest bidder, what are the ills not to be expected under such an 
administration, or rather what is the good to be liop't either to her Majestie or her subjects. 
Vol. V. 6 


But to leavf lliis, w'^'' Itowcvor true looks too niucli like resentment; to sive some liglit to the 
jjapers hel'ore you, I shall uive Your Hono'" y'' state ol' that provinee when my Lord arriv'd 
and what 'tis now. 

When he arrived there he found it divided into two parties, the one ealled Hamiltons and 
the othe otlier Basses jiartie ; not to troid)le your llono'' tVom whence they rose, Hamiltons 
parti(>, in that now called the Easterne division of New Jei'sie, formerly East New Jersey, 
consisted of the gentlemen of the best lij;nre and fortune and majority of the ])eople. Basse 
heiny formerly an Anaha])iist Minister, those of that reliuion, some (r^uakers, and a mistdanions 
mol), where of his partita In the Westerne division y'' (Quakers and liy very much the greater 
l)art of the jieople, where of that, called Hamiltons partie. When my Lord's commission was 
l)uhlislit, it was the endea\()urs of hoth these parties to he ujipermost, that of Basses haveing, 
dureiug tlie unsetled stale of that Troviuce, heen guilty of scverall irregular actions, 
(Mideavoured his Lordshijis countenance in ordei- to ]irocure an Act of Indenipnity in their 
linonr, and manv of the other )>artie where not for obliging them in that j)oin(. When the 
time came Ji>r the elioiee of Assemblymen, y"" writs (according to her Majesties directions) 
aiipoiuting the (ijualilication of the IClected to be 1000 acres of land, and of the Electors to be 
lot), verry much disobliged a great number of persons, and y" mob in geni.'rall, because the 
clioice was taken out of their liands, and that maih; tlie majority of the Easterne division consist 
of that called Basse's partie; but notwithstanding by an arlilice of the other ])artie they lost 
the feild in tlie election. In tlie Western di\ision Hamilton's partie carried it to a man ; so 
that the first Assembly consisted of lluit partie called Hamiltons. There was in that province 
a tliird partie, or rather a jjartie within a partie, win) had designs of their owne, abstract from 
governemeut, and these were Proiaaetors. These having uppon the surrender of their 
government, obteined a certaine form of instructions to be given to y'^ Governours, which 
should from time to time be sent into New Jersie, thouglit them selves secure in the Governours 
obedience of them, and were incouraged by my Lords promises to think they might safely 
depend he would not fade in tlie performance of what was so much his duty and interest to 
do ; but after some time being better acquainted w"' his character, and considering that if he 
should breake them, that such was the vast distance from England the difficulty that attends 
applications in controverted cases, the jxissibility (after all) of their being thought in tlie 
wrong and of being misrepresented, that should they weet w"' success yet it would be so long 
a time first that the mischiefs they might suil'er would be irrepairable, they choose to make 
more sencible application to my Lord than bare words : and accordingly Doctor Johnstone' 
waited on him w"' .t'L'OO. at twice, as is e.xprest in bis affidavit. That partie of Basse's 
haveing mist of them lieing in y' Assembly and haveing made some endeavours to procure an 
Act of Indenipnity which iiroved ineflectuall, had recourse to other measures, and it haveing 
got wind that his L'' rec'^ money of Doctor Johnstone, and guessing the sum much bigger then 
realy 'twas, began to entertaine some hopes, very justly conceiving that he that w^as not proofe 
against one sum, would not withstand another, and since he was to be purchas'd resolv'd to 
bid for him, and being encourag'd by his confident D'' Bridges Chiefe Justice of New York, 
since dead, they raised the severall sums mentioned in the Affidavits, and many more that we 

' John Jouxstoxe, origiually a Ji'iiggist at the sign of tlie Unicorn, in Edinburgli, immigrated to New-Jersey, in 1G86, and in 
IfiSCi married Eupliemia, tlie daugliler of George Scot, autlior of "Tlie Model of the Government of the Provinee of East 
New-Jersey, in America, Edinburgh, 1685." He practiced medicine for many years in the Province, where he also filled 
several important public offices; and died very much lamented by all who knew him, and to the inexpressible loss of tlie jioor, 
who were always liis particular care. Whiteherid's East Jrncy, 23(1, 237. — Ed. 


cannot yet get accounts of, as we judge to y"' value of about fifteen hundred pounds. This 
money was paid to one Richard Salter (who had been presented by a Grand Jury for fellony 
under the former Administration) and to one Capt. John Bowne; both which persons travail'd 
through the Province and by untrue insinuations perswaded the raising of this money. They 
are both protected and honored by my Lord, and what places he can well bestow, given them. 
Bowne vv-as a Member of the Assembly, and by them expelled for refusing to tell what he did 
with the money. Salter kept out of the way and could not be got ; but while he kept out of 
the Serjeant's way, my Lord admitted him to his company, and sent for a boat and had him 
shipt over into Pensilvania government. By all which your Honour may perceive what it is 
y' hinders it from being fixt on my Lord, and that it cannot be well knowne how these persons 
dispos'd of that money, except Her Majestie thinke fit to order them to be sent to England 
and examined there, or till an honester man be sent in my Lords roonie. I can be proved 
(without Bowne and t'other) that t'was given to D"" Bridges in my Lord's house, and there is 
all the reason in y^ world to believe his Lordsliip had it. 

But the effect it has had, and the service or rather diservice it has done her :Majestie I shall 
endeavour to show. 

My Lord proposed to this first Assembly, to raise a revenue for tiie suport of her Majesties 
government. I was then of her INIajesties Couiicill, and I privately askt him what sume he 
thought would do. He told me fifteen hundred pound a yeare. I had some influence over 
the most leading men of that Assembly, to whom I proposed it ; but all I could say did not 
prevaile with them to come up to that sum. One thousand a yeare, for three years they 
would give, (and indeed its a wonder they ever came so farr at once ; the greatest tax that had 
ever been raised being ,£675, and at that the people were ready to run mad and would never 
pay it) that not pleasing, they were adjourned till a further time. In the interim this money 
I have been speaking of, was paid, and the contributors did openly boast of their assurance of 
haveing that Assembly dissolved. Whether the fears of y'' partie that was then uppermost of 
baveing that Assembly dissolved or what it was that wrought upon them I can't tell, but they 
thought it adviseable to come up to my Lords proposall of fifteene hundred pounds p' annum 
for three years. Whether they had past a vote or not, my memory v7ont serve me, but I 
think they past a vote for it, and . no sooner was my Lord assured of that, but he dissolved 
them. It was now no longer a doubt he had been promist more, besides other prevailing 
arguments ready downe, and assurance they could carry the majority of the Assembly; but it 
was something surpriseing that any man in his right witts should part w"" a certaine 1500 a 
yeare, for an uncertainty and depend upon promises w'^"' any man that could see an inch before 
his nose might be morally assured was not in their power to performe. 

A new Assembly was chosen, which demonstrated the vanity of their promises and the 
folly of depending on them ; however the best was to be made of a bad market, and the 
buisiness was to be done per fas aut ne fas, and the way they took was as follows: — The 
majority of the Assembly consisting of those who were enemies to y' faction, who by bribery 
had procured their dissolution and it being impossible to obtain the end the contributors had 
promis'd without getting some of them out of the House, when therefore the Assembly came 
to be sworne (which is done before the Governour in Councill) Thomas Revell and Dan" 
Leeds Esq" two of her Majesties Councill objected against three of the Members chosen to 
serve, as being unquallified ; upon which my Lord refused to svi'are them : by this means they 
got the majority by one. Some little time after, y= same gentlemen present to that faction of 


a house the following, which they called a Petition, "We undei-written" &* This fourteen 
dales they askt they thought to he time enough to accomplish their designs, hut that not 
doeing, the hearing of them was defered from one time to another till they had done what 
they intended. At last the matter came to a hearing, hut neither Revell nor Leeds ever as 
much as appeared to justilie their allegations, y'= end heing answered for which they did it. 
Well the Assemhly even that faction of y" wlieu they had examined the matter were sattislied 
they were qualified and sent two of their Memhers to desire my Lord to sware y" ; w'^'' he 
refused to do, pretending he was the judge of their qualifications, and that upon his 
determination they were to he admitted or refused ; and so he kept them out ahout eleaven 
months. Perhaps of y= kind there has hardly heen a greater complication of villany. Among 
other Acts they past then, there was one to raise a Revenue of 2000 pounds a yeare for two 
yeares; & in that he consented to lay taxes upon uncultivated lands ; W^"" was directly contrary 
to his instructions, another Act for laying out High wales, and another to settle the militia, all 
w'^'' had the following effects: — In the Militia Act the Quakers that could not for conscience 
forsooth beare amies was to pay a certaine sum yearly and forfeitures were laid upon other 
defaulters ; but there was no provision made to returne y*" superplusse of y' distresses, if any 
such thing should be. My Lord had made a set of Officers sutable to his turne, to say no 
more of them: these were punctuall in makeing distresses, and generally above ten times the 
value, w* when they came to expose to sale, no body would buy so that there is or lately was 
a house at Burlington, filled w"" demonstrations of y*^ obstinacy of y* Quakers; tliere was boots 
hats shooes, cloaths, dishes, plowes, knives, earthenware, with many other things, and these 
distresses amounts, as is said, to above 1000 a yeare, almost enough to defray the charges of 
y" government without any other way. 

The layers out of the High way were appointed by the Act, and such as were y* most 
inveterate party men, and such as were resolved to be no more wanting in their part of 
mischief then y'= Militia Officers were in theirs, and as fit for the turne of such a faction of an 
Assembly, as the other were for such a Governour. They pull'd down their enemies inclosures, 
laid waies through their orchards, gardens & improvem'* ; there was one gentleman at whom 
they had an extraordinary pique, and they laid a way over a mill pond, to necessitate him to 
pull down dam & mills that could not be erected for 1000 pounds, or to pull it down 
themselves, though the gentleman offered to build a bridge over the streame, at his own 
charge, ^ of a mile distant w"^" would have been | nearer and better way. To be short they 
were truly industrious & fully answer'd the end of their makers, never omitted an ill turn they 
could do, and alwaies went out of their way to do it. 

The Revenue Act, though the money was to serve two years, yet it oblig'd the payment of 
it in one. It was a vast sum for that province, and the makers who by laying of a tax upon 

* "We imderwrittGn supposing -wa haJ good reason to charge thi-ee of the persons rotm-uod to serve as Representatives in 
this Generall Assembly; But ujion due consideration u]ioa the premises find it difficult to come to a true determination 
thereof untill we can by further inquiry find the truth of what we have been inform'd of: We therefore luuubly desire 
fourteen days time further that we may be able more fully to iuforme this House therein, wch we humbly supose at present 
cannot be reasonably expected from us. "We subscribe our selves your humble Supplicants 

Tnos Revkll 
Daniell Leeds. 

^ •■111- lloiii i^ piavd I., .x.-use this not beiu-j in the klter for my AmfinneTifi- liad .niiitted and the post did not stay lonu; 
enough for me to new copie that sheet. I am. 

Yo honors humble Servant 
(.-igned ) Lew is Morius. 


land thou-ht it would fall easie upon their owne partie, who had but small tracts, Ibund the 
success did by no means answer the expectation; for though it fell heaviest upon y« men that 
had <^reat tracts of land, yet they [were] better able to bear it, & their numbers were 
inconsiderable compared W" y^ whole. The poore it undid for, haveing to purchase the 
opportunity of plagueing their neighbours and of giveing so much money (for that was all they 
got, except the putting of a parcell of scabs in office) paid all y» money they had or by their 
creditt could get, and the bonds they had given becomeing now due, and the tax and that to be 
both paid and they haveing no money and their creditt pawii'd for above the value ; it's not to 
be exprest y^ confusion & perplexity they were in. The whole Province was fdled with murmurs 
and complaints ; but neither that nor y^ hearty curses they liberaly bestow'd upon the vilauis that 
were y= authors of their sufferings, avail'd any thing; they were forced to get money, some by 
takeincr it up at 10. 20. 30, & more p-^ Cent interest, those whose credit would not go, even on y- 
most desperate terms, were forc't to sell w' they had was vendible, to raise the money, and 
very many there was y' sold good milch cowes to raise six shillings. By this means y' tax 
was paid, and that comeing upon y^ neclv of the money raised to give his Lordship, and y-^ 
extravagant distresses from y" Quakers, has so impoverisht New Jersie that they are not only 
unwilling to raise a support for a wretch who by the whole conduct of liis life (here) has 
evinc't y' he has no regard to hon^ or vertue, but they are also unable to raise such a suport as 
he sales her Majestic demands, w^"- is 1500 pounds p^ annum for twentie yeares. 

There has no occasion offered but her Majestie has exprest abundance of tendernesse for 
that people, and they have no other inducement to believe this demand is realy her Majesties, 
as tis said to be, but that there is a kind consideration of y^ inabilities of y" people, who were 
not able to give 2000, and therefore her Ma'^ abates 500 p' annum. Had they not been dreined 
by their private and publick taxes they had been able to do it, but now they are not ; 1000 
pound is the utmost they can do ; & whoever acquaints the Queen they are capable of doemg 
more, does not understand that Province and abuses her Majestie. I believe in few years 
they may be able to raise above 1500, and whatever they are able to do they will be wilhng 
under the Administration of any person y' does not invade their liberties, and equally 
administers y'' laws ; but they think no consideration obliges them to support oppression. 

As to y' raieseiug a revenue for a certain time, especially so long a time 'tis what they are 
utterly averse to, for y^ instances of y<= misaplication of y' revenue in the neighbouring govern- 
ment of New Yorke are so many and the extravagance of its aplication in New Jersie soe great, 
that it is in my opinion impracticable to perswade an Assembly in this part of America to trust a 
Governour after my Lord Combury. When I spoke of the extravagant application of y^ Revenue 
of New Jersie, I forgot to add the difficulty of knowing how 'tis applyed ; for though her Ma'^ 
directs that y^ Assembly examine y Acc'^ of y" disposall of money raised by them, yet y^ 
Governour eludes y ends of that instruction and protects one Peter Fauconier a French man 
Receiver Generall in that Province, from giving the Assembly the satisfaction they ought to have. 
The fact is thus ; — the Assembly ordered Fauconier to lay the Acc'= before them ; he did, and 
severall articles there were, w^" they thought very extravagant ; they directed him to bring his 
vouchers; the answer he returns is (if I remember) he is accountable to tlie Auditor 
Generall, and w'" out my Lord's direction he cannot do it, w'^'' he has not had nor is not like 
to get ; and there it sticks. 

If this, and what's inclosed lets your lion' see y' state of New Jersie, 1 have my end ; 1 ad 
that its y^ impudent conduct of y^ Govcrnours, to call it no worse, that has been y' great 


preiudiee of lier [Majesties sei'vice in Amerie;i, tlie various kinds ol' injustice and ojipression, y"" 
sordid and mercenary measures tliey liavc talven, tlie mean tilings they have stoopt to, the trash 
of mankind that has been their favorites and tooles and by them raised to posts of hon' and 
profSt as revVards for accomplishing y" worst ends, has stunted the growth of these otherwise 
thriving plantations, and you may easily judge what effects are y"" unavoidable consequences of 
such causes, except mankind can be In'ought to love such things as by y" principalis of human 
nature they must necesarly hate. 

Tis this has filled y'' Cliartcr governments w''' people and makes them fond of suporting an 
administration in w'^'' they can call their Ciovernour to an account & punish them for male 
administration w'"" out y'' uucertaine & tedious success of application to courts; and were it 
not for y"^ stingeness and narrowness of their principles (])ardon this disagreeable truth ) tlie 
governments under her Majesties more imediate administration liad long ere this been tliin'd 
of inliabitants, and when a way is ibiiiid that Governours may not do acts of injustice with 
impunity y'' Charter governments wont long subsist. 

All the apologie I shall make for y*^ lenth of this is, that I mean it for her Majesties service 
and hope y* goodness of y" intent will induce a pardon for y'' meanesse of y' performance, and 
did I not feare tyring your Hon'' would enter into y'' state of y*" Province of New York ; but I 
hope some abler hand has done this Province & my Lord Cornbury so much justice as to lay 
before you an administration no where so exactly parralel'd as in that of Gessius Florus 
Goveruour of Judea,' and has told you that her IMajesties revenue here is nigh expiring and 
will certainly fall, if some elce Iten't sent in my Lord's stead. 

We are tokl Sir Gilbert Heathcote has made some intrest for his brother Coll. Caleb 
Heathcote : he will be a man to y'' generall sattisfaction of y'^' peujile, and at this jmicture to 
obteine a resetlement of her Maj'"'* revenue, no man litter. I know no man understands y*^ 
Province or People better, or is more capable of doeing her Majestie reall service. He is an 
honest man and the reverse of my Lord Cornbury ; of whom I must say something w'"" 
perhaps no boddy will think worth their wliile to tell, and that is, his dressing publicly in 
woman's cloaths every day, and putting a stop to all publi(pie business while he is pleaseing 
himselfe w"> y' peculiar but detestable magot. 

It is not good manners perhaps to pray from a Secretary of State a line in answer, but I 
have soe much reason to feare y'= intercepting of my letters that I would entreat some notice 
of y" receipt of this, and that for your owne sake as well as mine, to prevent your being 
troubled with a second edition w"" additions, presuming you like long letters, except where it 
cant be helpt as litle as does : — 

Much Honor'^ I was here concluding, but the ill performance of my amaunensis 
makes it nevessary to entreat your excuse for it ; he had been us'd to write 
in mercantile affaires w'^'' I supose has made him use figures so much, and 
should I transcribe it I should miss this post and possibly the conveyance by 
the mast fleet. I am with all submission 
Right Hon'^'"" 
New Yoike y" 9"' of Feb'' Your Hon'' most humble servant 

1707. — (signed) Lewis Morris. 

' Gessrs I'lokis was apiJoiiilL'd Governor of JiiJoa l.y llif Em]iL-ror Iv'tro. He fouiul the c-oimtry in a state of tumult and 
(.listraetion, and liis conduct added fuel to the flame. Avarice was his ruling passion. Resolved to aggrandize himself, and 
aoounmlate irninodoiate richos, he practised evei-y species of iniquity. Murphy's Tai-itus, ( Phil. ed. 1844,) p. ijl2. — Ed. 


Lord CornLunj to the Board of Trade. 

[Ncw-Torli Enlrii's, G. 81 T.] 

To the Right HonW" The Lords Comniiss" of Trade and Plantations. 

My Lords. i • i 

I trouble your Lord?' with these few lines to acquaint you, that in hopes of yet reachnig the 
Mast Fleet, I send herewith a Duplicate of all the Journals of Assembly of New York, since 
I came into the Province of New York and tlie Journal of the Assembly of New Jersey for 
the two last Sessions ; In the last there is the Assembly's Reply to my Ans' to their 
Remonstrance ; The Clerk has sent it to me so lately that I have not had tune to make the 
proper Reflections upon it, but I will do it by the next opportunity ; however I thought it my 
Duty to send the Journal to Your Lord?^ as soon as I cou'd : I hope you will not give any 
credit to their Assertions, till I can send you my Observations upon it, which shall be by the 
first Opportunity; I likewise send Your LordP^ Duplicates of several of my letters, which I 
have not yet heard whether you have received or not ; I have nothing new to acquaint you 
with, only that a most bar-barous murder has been committed upon the Family of one Hallet 
by an Indian Man Slave, and a Negro Woman, who have murder'd their Master, Mistress and 
five Children ; The Slaves were taken, and I immediately issued a special commission for the 
Tryal of them, which was done, and the man sentenced to be hanged, and the Wowan burnt, 
and they have been executed; They Discovered two other Negros their accomplices who ^ 
have been tryed, condemned & Executed. I am, iNIy Lords, | 

Your LordP'* most faithful hum. Serv' 

i-T -.r 1 CoRNBURY. 

New I ork. 
Feb. lO"- 170J 

Earl of Sunderland to the Board of Trade. 

[New-York Entries, G. 120.] 

To the Right Hon''" the Lords Commiss" for Trade & Plantations. 

My Lords and Gentlemen 

Her Majesty having been pleased to Appoint the Lord Lovelace Governor of New York and 
New Jersey, I desire you will prepare a Commission and Instructions for him as usual. I am 

My Lords and Gentlemen 
Whitehal Your most humble Servant 

2S«» March 1708 Sunderland. 


Mr. Burclitti to Mr. Popple. 

[New-York, y z. Y. 77.] 

Adni'ty Office 19 Ap' 170S. 
in answer to your letter of the 15"' Instant relateing to the draught of instructions which 
tlie Lords of the Council for Trade and Plantations have prepared for the Lord Lovelace 
Govern'" of New Yorke, I am commanded by His Royal Highness to acquaint you that he has 
no objections thereunto I am, Sir 

Your most humble Servant 


( Indorsed ) " New York 

" N. Jersey. 
" Letter from JNr Burchet in answer 
" to one WTitten him y^ IS"" instant 
" ab' instructions for the L** Lovelace 
" relating to Colours for Privat"." 

Order in Council to prepare a Commission for Lord Lovelace. 

[ Now- York, y. ?,. Z. 12.] 

At a Court at Kensington tlie 2i2"' April 1708. 

Pkesent The Queens most Excellent Ma.testy in Councill. 

Upon reading this day at the Board a representation from the Lords Comm" of Trade & 
Plantations dated the 19"' Instant with the drafts of Commis.sions for the Right Hon"^ John Lord 
Lovelace to be Captain Generall and Gov"" in Chief of Her Majesty's Provinces of New York & 
New Jersey w"" the same Powers and Authoritys of government to the Lord Lovelace as were 
granted to the Lord Cornbury Her Majesty's present Governor of those Provinces: Her 
Majesty in Councill approving y'= same, is pleased to Order as it is hereby order'd that the 
said Drafts (W'' are hereunto annexed) be forthwith prepared for Her Majesties Royall 
Signature in order to be pass'd under the Great Seal of Great Brittain, and y= R' Hon"'' the 
Earl of Sunderland Her Majesties Principall Secretary of State is to cause the said Drafts to 
be prepared for Her Majesties Royall Signature accordingly. 

A true Copy 

(signed) John Povey. 


Report of tie Commissioners of Customs on Lord Lovelace's Lnstrudions. 

[Kew-York Papers, y. z. T. 91.] 

May it please Your LordP 

111 obedience to your Lord'- commands signified to us by M-" Lowndes in bis letter of the 
30'" of Aprill last, inclosing one from M' Popple Secretary to the Conim" for Trade & 
Plantacons with the draught of orders & Instructions relating to the Acts of Trade and 
Navigation to be given to the Lord Lo-elace for the governni' of Her Ma" Province of New 
York and New Jersey : — 

We do humbly report to your Lord? that wee have perused and considered the said Orders 
& Instructions and find them agreeable to the severall laws then in being; And whereas since 
that draught was prepared, certain laws and clauses relating to Her Ma" Plantations have been 
past, to which these Instructions should be made conformable : Wee have for that purpose 
hereunto annexed a paper* particularly referring to the said Acts and Clauses. 

And it being provided by the Act made in the 7 & 8 years of the reigne of the late King 
William, For preventing Frauds, and regulating abuses in the Plantation Trade, that the 
Governours or Commanders in Cheif of the Plantations shall before their entrance into their 
Governm' take an oath to do their utmost that all the clauses matters and things therein 
contained, as well as in other Acts therein re^cited, relating to the Colonys & Plantations, shall 
be observed according to the true intent and meaning thereof; Wee humbly acquaint your 
LordP that there is no such obligation of an Oath upon the Govern- to observe the Acts which 
have been since passed for the security of the Plantation Trade. And therefore Wee do humbly 
propose that all Her Ma" Governours may by their Instructions be the more strictly obliged to 
do their utmost, that all the clauses, matters, & things contained in these subsequent Acts be 
duly executed, according to the true intent and meaning thereof, untili provision be made to 

enjoine the said oath by law. 

All which is humbly submitted to 

Your LordP' consideration. 


T. Newport 

^ TT T J Will : Culliford 

Custom House London 

2P' May. 1708 Jo- Werden. J. Stanley. 

* There is no paper now annexed. — E. Lemon. 

Vol. V. 


Representation of tlie Board of Trade on Lord Lovelace's In.struetions. 

[ New-Turk Enlries, G. 145. ] 

To the Queen's Excellent ftLvJEsrv. 

Having in obedience to Your Majesty's commands laid before your Majesty the Draughts 
of Commissions for tlie Right Hon''''' the Lord Lovelace to be y"' Majesty's Captain General and 
Gov"' in Chief of Your Majesty's Provinces of New York and New Jersey; we herewith 
humbly lay before Your Majesty the Draughts of Instructions to His Lordship, for the said 
Governments, wliich Instructions are to the saine purpose as those that have from time to time 
been given to the Lord Cornbury. 

And whereas it has l)een represented to us by several of the most considerable proprietors 
of the Western division of that province, that Thomas Revel & Daniel Leeds, two members 
of Y'' Majesty's said Councill for the said Division have been concerned in arbitrary 
proceedings, wliich have rendered them unacceptable to the said Proprietors, and thereby less 
able to serve your Majesty in that Station. We therelbre humbly ofler that William Hall, 
and John Harrison, who have been recommended to us by the said Proprietors as persons fitly 
qualilied to serve Your Majesty, may be constituted members of your Majesty's said Council, 
in the stead of the said Revel! , and Leeds, and that tlieir names be accordingly inserted in the 
Instructions herewith humbly laid before Your Majesty. 

Which are most hurab : submit'' 

Whitehall . Ph: Meadows 

May the 31" 1708. Jn" Pulteney 

Paper from Boston, eoinplainkaj of tlie JS'entraUtij of the Five JSfatlons. 

[ Xew-Yurk Eulries, y. z. Y. in. ] 

This Province with the little Province of New Hampshire has been singled out from the 
rest of Her Maj""' Provinces adjoyning, and made the butt of the present warr, by reason that 
the Province of New York has in no measure joyn'd their assistance against the Common 
enemy, nor encouraged the Five Nations of the Macjuas (who are in allyance with us and 
them) to hostility against y^ French; But, as we have credible and certain intelligence, hold a 
correspondence and trade with and aflbrd supplies to y' French Indians of Canada & the 
Eastern parts, who have often made bloody incursions upon us, wherein they have slain & 
captivated a great number of Her Rlaj'""' subjects of this Province, which y* government here 
observing in y* year 1704. sent Commiss''^ to y" said Five Nations to confirm our friendship 
with them & move them to take up arms against y^ French (as they did y" last war.) who told 
them they were ready to do it, if y" Govern"' of New York would direct them. Whereupon 
this Government made their application to him, to encourage and direct them so to do ; who 


returned answer he did not think it proper so to do without Her Maj''" direction ; and that 
Government has enjoyed a profound peace and profitable trade, whilst this Province has been 
so extremely wasted and impoverisht, and that not only hy the great number of those who 
have been slain & carryed away captive, but very many of our inhabitants have fled out of 
this into the neighbouring Provinces; insomuch that severall new to\%ms have been there 
peopled cheifly by them, where they live in safety & little publick charge. 

It seems therefore highly reasonable & necessary (if Her Ma"' in her great wisdom shall 
esteem it so) that commands be given to y' government of New York to do their dutv in 
joyning their assistance against Her Maj''*"' enemies, and directing & encouraging y' Five 
Nations of y' Maquas to make their descents upon the French at Canada, as they did y' last 
warr whereby y^ French were reduced to great distress & their marches upon us wholly 
prevented, which this warr have been frequent, to our very great damage. 

And I cannot but think if this matter were fairly and truelj' represented to her ISrnj''<" she 
would be graciously pleased so to direct : for unless y* enemy be diverted, this Province will 
be in great hazard of being ruined & lost if the war continues. 

We have more reason than ever to expect to be insulted in the advancing summer, hy 
reason of an unhappy expedition made the last year to reduce Port Royall, which was defeated, 
but has animated and irritated y' enemy to form attempts against us and we have good advice 
that y^ Governo'' of that place dispatcht a packet boat y'' last summer to obtain a force to 
defend them & insult us this summer, wherein 'tis very probable he may succeed, since his 
predecessor Mons"" Brouillon, two years since in France had, upon his life, assured y^ French 
Ministers that if he might have 3 or 4 ships of force, he would mine the English plantations in 
these parts ; which designe was carrying on, but his death before he arrived, stop it. The 
present Govern'' Mons'' Supercasse is a resolute soldier, and signalised himself at Newfoundland 
when he was Govern'' of Placeutia, and now very much, in his defence of Port Royall, that 
his interests and application is very likely to prevail for a supply of sea & land forces. And if 
it should not be so great as to attempt this place, yet may easily land and destroy y" lesser 
towns upon the Coasts, and particularly Piscataqua, which they have threatned; and then the 
trade of this place will be wholly cut off, the fishery ruined, & y^ supply of masts and other 
navall stores for Her Ma'' Navy at an end. If the Province should he able to stand y' shock 
which inay he very much doubted, since the Indian Allyes of the French are very numerous, 
& will doubtless make an impression upon the frontiers by land at the time y' ships do by 
sea, we are, in my apprehension in very great necessity of present help from her Maj"' altho 
our Generall Assembly were not so happy as to agree in forming their address for it. And if 
Her May" should be graciously pleased to direct a small squadron of her ships to touch at Port 
Royall in their passage to y^ West Indies, being provided with officers & men for such a 
service, I hope that place would be soon reduced, which would he a very great service to y* 
Crown upon divers accounts. 

This is a Coppy of a paper sent me from Boston 
in New England by that Convo)" which 
lately arrived at Kingsale in Ireland. 

(signed) C. Dummer 

31 May 170S. 


Mr. Boyle to ilie Lords of Trade. 

[Ncw-Tork Entries, C. 271.] 

To the Riglit Hon''''" The Lords Commiss" of Trade & Plantations. 

My Lords. 

Having laid before the Queen the Inclosed Petition of Joshua Kocherthal, Minister concerning 
several other Distressed Protestants newly arrived from the Palatinat & Holsteyn who are 
likewise desirous to bo trans|iorted to Iler Majesty's Plantations in America, in the same 
manner and with the same adwintages as have been already granted to those who came before 
out of the Palatinate, Her Majesty has thereupon commanded me to transmit the said 
Petition to Yonr Lord'" that vou may examin whether the fourteen persons therein mentioned 
are proper objects of Her Majesty's Royal Compassion, as tlie others were. And in such case 
Her Majesty's pleasure is, that these which are last arrived shou'd be taken care of, in the same 
manner as the former. I am 

My Lords, Your Lord'"' 

Whitehall most humble Servant 

June L'i'' 170^. H. Bovle. 

Pttition of the Reverend Joshua Koclierthd to the Queen. 

[New- York Eutrics, 0. 271.] 

To the Queen's most Excel' Majesty. 

The humble Petition of Joshua de Kocherthal ISIinister, on behalf of himself 
and other Distressed Persons, lately arrived from Palatinate and Holstein. 

Most hund:)ly Sheweth 

Tliat your sacred Majesty being j)leased to receive the Petitioners late hundile Petition with 
such great clemency and Royal liivour, he is thereby incouraged to prostrate himself once more 
before Your Majesty, and to inform Your Majesty with the utmost submission, that fonrteen 
Persons more three whereof are natives of Holstein, are Arrived here unexpectedly from the 
Palatinate who having sufier'd under the Calamity which hapned last year in the Palatinate by 
the Invasion of the French, in this their Deplorable Condition are desireous to settle themselves 
in some of Your Majesty's Plantations in America, but by reason of their extream Poverty, they 
cannot Defray their charges for passage thither, they humbly Implore Your Royal Majesty, 
That they may be permitted to go thither in company with the forty one persons, to whom 
Your Majesty has most graciously allowed a free passage thither ; and that they may also enjoy 
the same Royal Mercy and Priviledges. And whereas your petitioner cannot hope for competent 
subsistence in America, after his Arrival there, he most humbly Entreats Your Majesty to grant 
him such Sallary, for the Support of himself and family, as Your Majesty in Your Great 
Clemency shall think fit. 

And Your Petit" (as in Duty Bound) shall ever Pray, &" 


Order directing a cliange in the Council of New-Jersey. ' 

[New-York Tapers, y. z. T. 13.] 

At the Court at Kensington the 2G«'' June 170S. 

Present — The Queen's Most Excellent Majesty in Councill. 

Upon reading this day at the Board a Report from the Lords Commissioners of Trade and 
Plantations dated the 31" of the last month with the draft of Instructions to the Lord Lovelace 
for the government of Her Ma" Provinces of New York and New Jersey, and the said Lords 
Commissioners proposing that William Hall and John Harrison who have been recommended 
by the Proprietors of New Jersey as persons fitly qualifyed to serve Her Mnjesty as Members 
of the Council there in the room of Thomas Revel and Daniel Leeds whom the said Lords 
Commissioners are informed have been concerned in arbitrary proceedings, and that their 
names be accordingly inserted in the said Instructions, Her Majesty in Councill approving 
the same is pleased to order as it is hereby ordered that the Right Honourable the Earle of 
Sunderland Her Ma'^^ Priucipall Secretary of State doe cause the said Drafts of Instructions, 
which are hereunto annexed, to be prepared for Her Ma'^' Roy" Signature, & that in the 
Instructions for New Jersey the blanks to be filled up with the names of the said Hall and 
Harrison according to y* s"* Representation. 

A true copy 
(signed) John Povey. 

Order in Council to prepare Lord Lovelaces Instructions. 

[ New- York Papers, y. z. Y. 14. ] 

At the Court at Kensington the 26"' June 1708. 

Present — The Queen's Most Excellent Majesty in Councill 

Upon reading this day at the Board a Representation from the Lords Comm" for Trade & 
Plantations dated the 10"" Ins' with the Drafts of Instructions for the R' Honourable y^ Lord 
Lovelace Cap' Gen" and Govern"" in Chief of the Province of New York and New Jersey in 
pursuance of severall laws relating to Trade and Navigation of this Her Majesty's kingdome 
and her colonys & Plantations in America; Her Ma''' in Councill approving the same is 
pleased to order, and it is hereby ordered, that the R' Hon""'^ the Earle of Sunderland Her 
Ma'^ principall Secretary of State doe cause the said drafts of Instructions, which are hereunto 
annexed, to be prepared for Her Ma'^ Royall Signature accordingly. 

A true Copy 
(signed) John Povey. 

[ For these Instructions, -whicli bear date 27tli June, HOS, see N. Y. Council Minutes, X., 304. Ed. 1 


Board of Trade to Lord Lovelace. 

[ Xfw-York Entries. G. 2v2. ] 

To the TJight Honourable the Lord Lovelace. 

I\[y Lord. 

Notwith.'^tanding Her iNrajestys Instructions to Yonr Lordship there are Several otlier 
particulars relating to Your Government of New Jersey, which we think ourselves Obliged to 
take notice of to Your Lords? 

The Lord Cornbury having had some Doubts in relation to Fines, Forfeitures & Escheats, 
and to the Appointing of a Kanger of the Woods ; We consulted Her Majesty's then Attorney 
(leueral thereupon ; And inclose a copy of his Report for Your Lord?'' better information and 
Guidance in those matters. 

Having received from the Lord Cornbury several Acts past in New Jersey in November 
1704( We considered the same and transmitted to his Lordi' our observations thereupon, that 
he might lay those Observations before the Assembly for their consideration & amendment of 
the said Acts, before we presented them to Her Majesty for her Confirmation. But not 
liaving received any Answer from the Lord Cornbury, We think it necessary to repeat our 
fore-mentioned Observations to Your Lord'' that upon your arrival in New Jersey you may 
consult the Assembly and give us further light in that matter. 

The Act for settling the Militia, in the last proviso but one. Enacts that the sums of mony 
therebv to be levied, are to be paid into the hands of the Receiver General, or Secretary, or 
such other person as the Gov"' under his hand shall appoint; And the mony to be applied also 
to such public Uses as the Governor shall direct; Whereas we think that Publick Moneys 
ought only to be paid into the hands of the Receiver General, and the L'ses to wiiich it 
ought to be applied lor y*" Sujiport of y*" Government shou'd be expressed in the Act, and 
not left at large as it is in this: Which we Desire Your Lord'' therefore to be Mindfid of for 
the future. 

Tho the Design of the ^i<t fur Vii'iimg niuJ ijiiiciiiig /he minds of all Her JSIujestifs Suhjects in 
New Jaseij, he very good, Yr-t there are some clauses in the Act, which render it unfit for 
her Majesty's Royal Confirmation, viz' Tliat it pardons (amongst other Crimes) all High 
Treasons, Murders and Piracy, committed before the 13"' of August 1702; wliereas Her 
Majesty has Reserved to herself, by Her Instructions to you, the Pardonning of those Crimes; 
which Crimes are always E.xcepted in Acts of the like nature here ; and therelore We Desire 
"\"our Lord'' to endeavour to get this amended in Another Act to be passed for the like purpose. 
We have no other Objection to tiie Act for Altering tlie Present Constitulion and Regulating the 
Election if Heprrsentatircs, fc'* But that it does not Regulate the Quantity of acres necessary to 
qualify persons to Elect or be Elected Representatives in the General Assembly ; Your Lord? 
will see by Her Majesty's Instructions what is intended upon that Matter, viz' That 1000 
Acres of Land or .£-')00 Personal Estate should qualify persons to be Elected ; and that 
.£100 acres of land and ^50 personal Estate, shou'd qualify to be Electors : But if Your Lord? 
lind this Regulation too high, you may endeavour to get a new Act passed, for Proportioning 
that Matter otherwise. In the mean time this Act will remain in force, without being 
confirmed by Her Majesty; And Your Lord? will make a suitable use of your Instructions in 
that behalf. 


We must Desire Your LordP upon transmitting [tlie laws,] that you be particular in giving us 
Your opinion upon each respective Act, together with the Reasons for passing the same, in 
such manner as you are required by Your Instructions. 

A complaint having been made by the Proprietors of the Western Division, that the Lord 
Cornbury had caused their late Secretary to deliver all public Books, Papers and Records to 
M"' Bass Secretary of the Province, and that their Records of Deeds had been carried out of 
the Province, which may be of great prejudice to the said Proprietors, We are of opinion 
(and accordingly signifyed the same to the Lord Cornbury) that all Books and Papers, Deeds 
and Evidences, relating to the Proprietorship of the soil, be not taken out of the hands of the 
Proprietors Agents ; and therefore if this be not remedied, Your Lord? will do well to give 
Directions therein. 

The Lord Cornbury having informed us, that an opinion had lately been started in his 
Governments viz' If he send any orders to New Jersey, relating to the affairs of that Province, 
whilst he is resident at New York, they are of no force, and so the same of his sending orders 
from New Jersey to New York ; We think it necessary to acquaint Your Lord? that it is a very 
trifling and Extravagant Opinion the contrary being practised every day here by the Lords 
Lieutenants of Counties ; and particularly by the Lords Lieutenants of Ireland, who 
frequently send Orders into Ii'eland, wliilst they are Resident in this Kingdom. 

Having had occasion to consult S'' Edward Northey, Her Majesty's late Attorney General in 
relation to Probate of Wills at New York, We inclose to Your Lord^ a Copy of his opinion 
which may be a guide to Your Lordship in all future occasions. 

Not having received from New York or New Jersey any 3Iinutes of Council or Assembly, 
nor any Naval Officers lists of Ships Entred & cleared, nor accounts of the Revenue, since the 
Lord Cornbury's Governm' We must Desire Your Lordf upon your arrival there, to give the 
necessary Directions, that the said Minutes, Accounts &* for the Lord Cornbury's time be 
transcribed and sent by the first opportunity. And that Your Lord? do transmit to us 
Quarterly, Transcripts of all such Minutes &'' as shall be made from to time according to 
Your Instructions, that We may be the better enabled to lay before Her Majesty a true State 
of matters as they may occur. 

Her Majesty having been pleased to confirm several Acts passed at New York, We Inclose 
to Your LordP Her ^Majesty's Order in Council of the 20"' May 170S for that Purpose. As also 
another Order in Council of the same Date, for Repealing an Act for restraining and punishing 
Pirates, The Reason for which Repeal is, that the Proceedings against Pirates having been 
Regulated since the passing the above said Act, by an Act of Parliament, passed here in the 
eleventh year of His late Majesty, Entituled An Act for the more effectual Suppression of Piracy, 
and Her Majesty having issued Commissions to all the Plantations pursuant to the said Act, 
this Act passed at New York is unnecessary. Both which Orders Your Lord? is to cause to be 
published, and entred in the Council Books as usual. 

The Lord Cornbury having transmitted to us, a Remonstrance from the Assembly of New 
Jersey to him, with his Answer thereunto (a Copy whereof is here inclosed). We have 
considei"ed the same, and have made the following Obsen'ations thereupon, which we think 
necessary to communicate to Your Lordship. 

The FIRST Article. It appears evidently by the Lord Cornbury's Commission that he has 
no power to pardon Treason and Wilful Murder ; But in such cases he is allowed to grant 
Reprieves to the offenders untill and to the Intent His Majesty's Royall pleasure may be 
known therein. In order whereunto, he is with all convenient Speed, to Transmit to Her 


Majesty a full State of the matter of lact relating to such Olfenders, which we do not find that 
tlie Lord Cornbiuy has done. 

Upon this Occasion We must take notice to Your Lordsliip that the want of Prisons in New 
Jersey is a matter proper to he laid before the General Assembly : Your Lord'' will therefore 
Represent to them the necessity of having such prisons Built, that they may grant a sutficieut 
Fund, which may be appropriated to that Sei-vice. 

The SECOND Article. As to the complaint of paying the Fees of Court, tho llie Bill of 
ludictment be not found by tlie grand jury. We are of opinion that the Person accused not 
being Properly in Court, 'till arraigned before the Petty Jury, no Fees 'till then can be 

The THiKD Article. 'Tis true that the Proljate of Wills and Granting of Letters of 
Administration, is by Her Majesty, entrusted witli the Governor: Yet we do not see that the 
settling such an Ollice in each Division in New Jersey, as proposed by the Remonstrance lor 
the Ease of Her Majesty's Subjects tliere will be a lessning of the Rights of the Prerogative, 
or of the Governor. 

The FIFTH Article. We are of opinion, Notwitiistanding the Lord Cornburys Answer to the 
Remonstrance, tiiat such a Patent lor the Sole carting of Goods, as is tiierein mentioned, is a 
Monopoly, within the 21" Jac: 1='. Cap. S"*. 

The Sixth Article, We are also of Opinion that no fee is lawful, unless it be Warranted 
by Prescription, or Erected by the Legislature, as was adjudged in Parliament in the 13"" Hen i"" 
in the Case of the Office then Erected, for measurage of Cloths and Canvass. Md. Cook's 
2: Inst: fob 533. 534. We are, My Lord, 

Your Lord''' most humble Servants 
Ph. Meadows 

Whitehal Jn. Pulteney 

June the 2S"' l/OS. Cii. Turner 

P. S. Her JMajesty having been pleased by Her Order in Council of the 20"" of June 170S 
to confirm One Act past at New York the S"* March 169f, Entituled an Act for Vacating, breaking 
and annulling several Extravagant Grunts of Land, made hij Colonel Fletcher late Governor of this 
Province under His Majesty, And to Repeal one other Act also past at New York, the 27"' 
November 1702, Entituled, an Act for Repealing Several Acts of Assembly and Declaring other 
Ordinances Published as Acts of Assembly to be Void We inclose to Your Lord? Her Majesty's 
said Order which you are to cause to be published and Entred in the Council Book as usual. 

By their LordP*' Order 

W"" Popple Ju'' 

We Desire that Your Lord"" will please upon Your arrival in New York, to forward these 
Inclosed Packets to the several Governors to whom they are Directed, the same being of 
importance to Her Majesty's Service 

By their Lordt"' Command 

W"" Popple, jun'" 


Board of Trade to the Earl of Sunderland. 

[New-Tork Entries, G. 276.] 

To the Right Honourable The Earl of Sunderland. 

My Lord. 

Having Prepared a Representation upon the Petition of W John Rayner to Her Majesty 
Praying that he may be appointed Attorney and Advocate General of New York, We transmit 
the same to Your Lordship to be laid before Her Majesty, And are 
^ My Lord, 

Your Lord*"'* most humble Servants 

Ph. Meadows 
Whitehall Jn. Pulteney 

June as"' 1708 Ch. Turxer. 

Report on the Pttilio/i nf John Rcnjnrr Ks(f. 
To the Queen's most Excellent Majesty. 

May it please Your Majesty. 

In Obedience to Your Majesty's Comands signified to us by the Right Hon'''" the Earl of 
Sunderland the ll"" of May last. We have considered the Petition of John Rayner Esq"' 
Wherein the Petitioner sets forth, that Sampson Broughton Esq. about two years since was 
appointed Attorney and Advocate General of Your Majesty's Province of New York, contrary 
to the constant method in such cases used for Your Majesty's Service in regard the said 
Broughton never Obtained any Report of his Abilities to serve Your Majesty in those Offices, 
from the Commiss" of Trade & Plantations to whom (as the Petitioner suggest) the said 
Broughton's Petition was Referred ; The Petitioner further alledges, that the Lord Cornbury 
Your Majesty's Governor there, looking upon the said Broughton as a person incapable of 
executing the said Offices, had never Admitted him to Act as Attorny General, but had put 
in M"' Bickley (no Barrister at Law) who at present Officiates as Attorny General; And 
therefore the Petitioner Rayner prays that he may be appointed Your Majesty's Attorny and 
Advocate General of New York, in the room of the said Broughton ; Whereupon We humbly 
Represent to Your Majesty that the said Rayner has produced to us a Paper, signed by Eight 
of the Justices of Your Majesty's Courts of Record in Westminster Hall (a Copy whereof is 
hereunto annexed) Certifying that they believe him to be well affected to Your INIajesty's 
Governm' and very well qualified in his profession to serve Your Majesty as Judge or Attorny 
General in any of Your Majesty's Plantations. 

We further represent to Your Majesty that we find the said Sampson Broughton, upon the 
death of his father (who was made Attorny General of New York by his late Majesty, in the 
Year 1700, and dyed in that Office) did exhibit a petition to the then Commiss" for Trade & 
Plantations, Praying to be recommended to Your Majesty for the place of Attorny General of 
New York, which Petition (so Originally brought before them, and not by way of Reference 
in the Petition of the said Rayner is suggested) was by the said Commiss" referred to S"' 
Vol. V. 7 


Edwnrd Northey, Your IMajesty's then Attoniy Cencral, for liis Opinioa as to the qualificntions 
of the said Brougliton ; But do Report was made therefore ; for soon after the said Brougliton 
(who had taken the Degree of a Barrister at law in the year 1700, as appears by the Register 
of the Middle Temple) did procure Your Majesty's letters Mandatory to the Lord Corubury, 
Dated the is"" of June in the fourth year of Your Majesty's Reign, directing his LordP 
to constitute the iSaid Brougliton Attorney General of Your Majesty's Province of New 

We find that the Lord Cornbury did receive Your Majesty's said letters, and that upon the 22* 
of August 170G, he did connnunicate the same to the Council there, Declaring at tlie same time, 
that there were many r)bjections depending at Your Majesty's Suit in the Supream Court of 
that Province (then near at hand) wherein M"' Brougliton cou'd not be timely instructed; and 
therefore he thought proper to defer the passing a Patent to the said Brougliton, 'till that 
Court was over, Whereby the Person who then Officiated as Attorny General might have the 
Management of tliose Tryals, as appears by a 3Iinnte of that Council of the said 22"^ of 
August 170G, so that the not admitting the said Brougliton into the Office of Attorny General 
at that time, appears ])y the said Minute for the reason Aforesaid, Nor is there mention in 
the said Minute, that it was on Account of his inability for the Discharge of that trust, as is 
alledged [by] the Petitioner Rayner. 

We further tind that on the 2G"' of June 1707 the said Brougliton petition'd his Lordship 
(as appears by a Minute of the Council of New York of that date) to grant him Letters 
Patents under the Seal of New York, for the said OiKce of Attorny General, According to 
Your ^Majesty's before mentioned letters mandatory ; That thereupon his LordP intbrmed the 
Council, he had writ to one of Your Majesty's principal Secretaries of State, and to Your 
Commiss" for Trade & Plantations, in relation to the said Brougliton ; And that he Expected 
an Answer thereunto. We cannot tell whether any such letter has been writ to either of 
Your RFajesty's Principal Secretaries of State, but we have received none such from his 
Lordship, nor has he at any time given us an account of his Proceedings in relating to the 
said Brougliton. 

We further humbly Represent to Your Majesty, that since the receipt of Your JNLajesty's 
Order of Reference upon the Petition of the said Rayner, and while that matter was under 
Examination, We have rec"* Your iNIajesty's Order in Council of the 23'' of June 1707 (which, 
however it may have liapned, was not deliver'd to us 'till now) referring to us the Petition of 
the said Sampson Brougliton, wherein he complains that the Lord Cornbury, contrary to Your 
Majesty's fore-said gracious letters, long since granted on his behalf, had refused to admit him 
the said Brougliton to act as Attorny General, without assigning any Crime or Misdemeanour 
against the Petition'' for such his Lord?'^ refusal, and therefore the said Petitioner Prays Your 
Majesty's gracious Directions therein. 

Upon which we liumbly Represent to Your ^Majesty, That we find the Case of the last 
mentioned Petitioner Sampson Brougliton to be as set forth in his Petition, as the same is 
herein before more fully stated, in relation to the first mentioned petition of John Rayner. 

U|)on M'" Broughton's arrival here from New York, he applied to us; whereupon we directed 
him to attend S' Edward Northey to whom his former Petition had been referred, for a 
Certificate of his Ability for the Discharge of the said Office of Attorney General, and he has 
brought us a certificate, in the Words following. Viz' 


" M'' Sampson Shelton Broughton, the father of tlie present W Broughton, I knew many 
" years, he was a barrister of long standing in the Middle Temple, and his son was bred there 
" under him, and was called to the Bar at the time his father went to New York, and went 
" thither with him, he not having practised In England before he went to New York, I am not 
" able to give any account of what proficiency he had then made in the Study of the law, but 
" that being seven years since by the account he and others have given me of his application 
" to his Studies in New York, and the kuovvledg he has gain'd of the People, laws and 
" methods there, it seems probable to me, that lie will be able to serve Her Majesty tiiere in 
" the place in which She was pleased by her Letter to direct him to be placed. Edward 
" NoRTHEY. June 24"" 170S. 

Upon the whole matter we are humbly of opinion That in due obedience to Your Majesty's 
fore said letters mandatory, the Lord Cornbury ought to have admitted the said Broughton to 
the Office of Attorny General ; the not doing whereof has been injurious to him, in Depriving 
him thus long of the Salary and Fees belonging to the said office. And if his Lord? after 
Tryal of him, had any just objections to the said Broughton's being continued in that 
Imployment he should have made them known to one of Your ^Majesties Principal Secretaries 
of State, or to Your Coramiss" for Trade & Plantations, for Your Majesty's further pleasure 
therein ; This method ought to have been observed, but in the case before us, we find neither 
want of Ability nor any Misbehaviour Proved upon the said Broughton, nor any legal objection 
made against the manner of obtaining Your Majesty's letters mandatory. For as to the objection 
of their being obtained without any report first made to Your Majesty, from Your Commiss" 
for Trade & Plantations there is no weight in that; the disposition of places and offices being 
intirely in Your Majesty. Nevertheless if Your Majesty shal be graciously disposed to gratify 
the Petitioner Rayner by a Grant of the said office of Attorny General (his Qualifications for 
the Discharge of that trust appearing veiy fully by the said annex'd Certificate ) We have no 
objection to the said Rayner's receiving the Benefit of such Your Majesty's Royal favour. 
All which is most humbly submitted. 

Ph. Meadows 
Whitehal Jn. Pulteney 

June SS"- 1708 Ch. Turner. 


The Names^ Trades; dr., of tie German. ProUx:f,jnfs to he settled ett JVew-York 

[New-York Papers, y. z. Z2l.] 

SS,'!- June 170S. 





1 ^ 



r... ....... 



Lorenz Seliwisser 

Anna Catliariua Seliwisseriu . . . 

Husbandman & Vinjard 




■ ■ F ■ ■ 







Henry Rennau 

Johanna Reunauin 

Sl.)ckint;iii:il;cr Hiisl.anilaian & Vinyar. 




Snsana Lihoselia 

Maria .lolniiia Lil.osel.a 


Sister unniarrierl 

1 Sister unmarrieil 

! Child 

" ji " 


]Ieinrieli Iteunau 


Andreas Volck 

Ana Catharina Volel<in 

Husbandman and Yinyard 



" F " 

■ ■ F ■ ■ 

' ■ 'f ' ■ 


. . .^. . . 


■■ f'' 



■ ■ F ■ ■ 














' 1 Child 

Geor^' Ilieoronymus Volek. . . . 

' Child 


Auua Gertrauda Yolckin 

Ciidd . .. 

Miehael ■R^-iaand 





AfiaCatliiuina Wei-audin. . . . 

Ana M,iri:i W-i-andin 

Tul.ias \V,^i-n„d 





Geur- Wei-an.l 


Jaoolj Weber 

Husbandman and Yinyard 


AnnaElisebeflia Welierin 


Eva Maria Weberin 



Ana Elisabetha I'leteliu 

Husbandman and Yinyar.l 





Margaretha Pletelin 

Anna Sara Pletelin 

Catharina Pletelin 




Johannes Fiseher 

Maria Barbara Fischerin 

Smith and Husbandman 


Wife , 


Andreas Fischer 




Aria Ciilli.inn:! CiH.-ldn 

Carpenter or Joiner 



■ ' 'f ■ ■ 


■■ f" 




Ma-.l:ilriK, i;„|.hin 





Isaac Ttirck 

Josna Koehertlial 

Sil.vll.iC'linrlMita Knrb.^rthal.. 





Brni-na -ili\lla, K.H.|irM l,al . . . 


Clin-ii;iii .lu-hii,'. 
SnsaiiaSibvlla Kocherthal 





Ca/oloo-m Sciius AJraitorvm ex FaliiUnnlu ad Rlinntm. 


Peter Rose 

Johanna Rosin . . 

Maria Wemarin ...... 

Cathariua Weniariii. 

Isaac Febev 

Cliataviiia Feberin . . 
Abraham Feber . . . . 

Daniel Fiere 

Anna Maria Fiere . . . 

Andreas Fiere 

Johannes Fiere 

Ex Ilolsatia 

Herman SohUneman . . , 

Cloth Weaver . . . 

ITusbanilwoman . 

Husbandman and Vineyard. 




I Widiiwe . 

....I Child .... 

ftbirried. . . . 





Child . . . 
Chdd . . . 

-ijpj.,,], Unmarrieil 


Board of Trade to Mr. Secretary Boyle. 

[ New-York Entries, G. 291.] 

To the Right Honoiirahle INP Secretary Boyle. 

\n Obedience to Her Majesty's Commands signified to us by Your letter of the 22J InstaM 
npon a second petition of Joshua de Kocherthal, to Her Majesty, m behalf of hunse and 4 
oLr distressed'protestants lately arrived from the Palatinate and Holsteyn Praying that they 
may in Company of the 41 Lutherans alread provided for, be transported to Her Ma esty s 
Province of New York, and partake of the like allowance and Advantages the said Lutherans 
are to receive, as well during their stay here as at their Arrival in the said Province ; We 
have considered the same and find that the Testimonials which they have produced under his 
hands and Seals of the Ministers Baylifs or Principal Magistrates in the Villages where they 
dwelt, do give a good character of the said Poor Protestants, and certify that they are reduced 
to the utmost want, having lost all they had by the frequent Incursions of the ^^^-f^^ 
Germans near Landau; find further that two of them have Entred themselves into the Seivice 
of the Lord Lovelace, so that there are but 12 to be provided for. 

Whereupon We humbly Off-er that the said 12 Poor Protestants are fit Objects lor her 
Majesty's Lunty, and that if Her Majesty shall be graciously pleased to allow tl-- the same 
as s already granted to the others, for their subsistence, and that they be transported ^ th the 
Rest to New York, We further humbly Offer that before their Departure they be bkewise 


made free Denizens of tliis kingdom, for tlieir greater incouragement in the Injojmient of tlie 
Privileges areruing by sneli letters of Dei\ization. We are, S'' 

Your most humble Servants. 

Ph. Meadows 
Whitehal Jn° Pulteney 

June 29'^ 170S. Ch. Turner. 

AdJitioiial Instruction for Lord Lovelace. 

[New-Yiirk Entries, G. 295.] 

Adtlitional Instruction to Our Right trusty and WelJjeloved John Lord Lovelace, 

Baron of Hurley, Our Captain General & Governor in Chief of Our 

[Anne R.] Province of New York, and the Territories depending thereon in America. 

Given at Our Court at [Windsor] the [Twentieth] day of [July] 170S, 

In the Seventh Year of our Reign. 

Whereas We have thought fit by Our (^)rder in Council of the 2G"' of June 170S to Repeal 
an Act past at New York the 27"' of November 1702. Entituled An Act for Rrpenliiig several Acts 
of Assctiihhi tnid DrcJarinor Other OrJ/iKinces jiiihlish'eJ as Acts nf Assembly/ to he Void; And whereas 
by the said Order, We have likewise thought fit to confirm and approve an Act past at New 
York the 2'' of March IGDJ Entituled, An Art for J'aaiti/ig, BraiVmg eind AinniUing sercral 
Extraragciiit Gnuits of LiiiifJ, mode t>\j Colonel Beitjeimin Fletcher, Jute Governor <f this Frovince 
vnd/r His Miijesti/, by tiie Confirmation of which Act, several large Tracts of Land (as b}^ the 
said Act will more full}' appear) are Resumed to us, and are in our Disposal to Re-grant as we 
shall see Occasion; Our Will and Pleasure therefore is, that you may Regrant to the late 
Patentees of such Resumed Grants, a suitable number of Acres, not exceeding two thousand 
to any one person ; And that in such Grants, as well as in all future Grants, there be a 
Reservation to us, Our heirs and Successors of a Yearly Quit Rent of Two Shillings and 
Sixpence for every hundred acres, with a Covenant to Plant, settle and eflectually Cultivate at 
least three Acres of Land for every fifty Acres, within three Years after the same shall be so 
granted, upon Forfeiture of every such Grant. 

And for the more convenient and equal setting out of all lands to be granted within our said 
Province of New York, Our further Will and Pleasure Is, that you our Governor, or the 
Commander in Chief of our said Province for the time being, the Collector of Our customs, 
our Secretar}' and Surveyor General of New York, for the time being, (the Surveyor General 
always to be one) or any three or more of You and them, do sett out all lands to be hereafter 
granted, and that therein You have Regard to the Profitable & unprofitable Acres, so that each 
Grantee may have a proportionable number of one sort and the other, As likewise that the 
length of Each Tract of Land, to be liereafter granted, do not Extend along the Banks of any 
River, but into the main land, that thereby the said grantees may have each a convenient 
share of what accommodation the said Rivers may Afford for Navigation or otherwise. 


And to prevent any Impediment which the production of Naval Stores in our said Province 
may receive from such Grants, You are to take care, that in all new patents for land, there be 
Inserted a clause to restrain the grantees from Burning the Woods to clear the land, under the 
Penalty of forfeiting their Patent, and You are to use Your Endeavours to procure an Act to be 
passed in the Assembly of our Province of New York for tiiat purpose. 

And lastly Our Pleasure is, that in the said patents, there be likewise a Particular 
Reservation to us, Our Heirs and Successors, of all Trees of the Diameter of twenty four 
Inches and upwards, at twelve Inches from the ground, for Masts for Our Royal Navy ; as also 
of such other Ti'ees as may be fit to make plank. Knees &" for the use of our said Navy. 

[The words Trithin brackets in tlie jireceding document are added from New-York' Council Minutes, X., 2S3. — Ei>. ] 

Jjonl Corribury to tlie Board of Trade. 

[ Xew-Tork Entries, G. S2S.] 

To the Right hou'''' The Lords Commiss" for Trade & Plantations. 

My Lords. 

Your LordP' Letters of the 7"" of May 1707 I had the honour to receive on the 25"' of June 
last at Shrewsbury in New Jersey, from whence I returned to this place on the 28"" At my 
arrival here I was informed that a Ship would be ready to sail in a few days Directly for 
Bristol, which opportunity I was glad to embrace to acknowledge the receipt of those letters I 
have been favoured with since the Queen has been pleased to grant Her Commission to Your 
LordP' of which I begg leave to wish Your Lord^' much joy. 

Your LordP' are pleased to inform me, that it is Her Majesty's pleasure and Express 
Command that the Gov" of all Her foreign Plantations, do from time to time give unto Your 
LordP^ frequent and full Informations of the State and Condition of their respective 
Governments, Sec" In all these things I shall endeavour to observe Her Majesty's commands 
punctually, as soon as time can possibly allow it ; for some of the things you are pleased to 
require of me, will take a considerable time to transcribe ; as for Example, the Proceedings in 
the Council and Assembly and the Supream Court, all which shall be done as fast as possible ; 
I wish with all my heart that Packet Boats were Establish'd to some part of this Continent, 
then we should not only have frequent safe opportunities of Writing to England, but we 
should hear more frequently from thence, whereas now we are sometimes many months 
without hearing any thing, particularly at this time, till I had the favour of these letters of 
the 7"' of May I have not had one line from Your Lord?' Board, nor from the Right Hon"' the 
Sec'' of State these fifteen months ; and we have but two safe ways of sending into England, 
which are the Virginia Fleet and the Mast Fleet from New England ; from the first of those places 
there is no post, so that it is very hard to know when that Fleet is to sail; for either we must 
know it by some Vessel that conies from thence to tliis Port, ( and that is not above two or three 
in a year) or Else by some traveller who comes from thence by land ; so that sometimes a letter is 
Six Weeks coming from Virginia, some times longer, By which means we lose the opportunity 
of sending by that Fleet. From Boston there is a Post by which we can hear once a week in 


Slimmer time, and once a I'ortnight in Winter, so that we lia\'e a sure conveyance by the Mast 
Fleet; The Conveyances by the West Indies Iiave proved very uncertain for several of our 
Vessels liave been taken Every Year during this War, besides that several of the Packet Boats 
from England have been likewise trd'ieu. Your Lord'" are likewise [deascd to inform me that 
the said Governors are to transmit unto you yearly accounts by way of Journal &'' all which I 
shall take care to observe. I can't but bi^ extremely surpris'd to tind by your Lord?' letter 
relating to the Province of New York, that there are not in Your(Jffices any Minutes of Council 
or Assembly, or Accounts of the Kevenuc, since my coming to the fiovernment ; because I 
must assure Your Lord''" that I have never failed of sending the Minutes of Assembly by the 
first opportunity after each Session, and some of them I am sure got safe into England ; and I 
hope if you are pleased to order INP Popple to look among his papers, he will find them ; 
However thej^ shall all be transcribed fiiir, and sent to j'ou ; The Accounts of the Revenue have 
been constantly sent by the first opportunity, after the Deputy Auditor has audited theui, but 
indeed that INP Clark, the present Deputy Auditor, had refused to do, ever since M'" Byerley 
was suspended, which was in April 170-'); so that it has been impossible for me to send 
those accounts, as T ought to have done, lor 1 must have sent them unaudited, or u(it at all ; 
as for the ?iliiuites of Council, I sent to 3'our Ijord'" two years ago all the JNIinutes of Councill 
during the tinu' liiat M'" Cozens was Clerk of the Council; And last year I sent all the 
ftlinutes of Council since M'' Clark has been Clerk of the Council ; these likewise shall 
be all ti-anscrihed as far as the length of them will permit, and shall be sent by the lirst 
opportunity that oilers. I here inclosed send Your Lord'" a list of the jiresent Council, and 
likewise a list of the names of such persons as I think by their circumstances most proper 
to fill up any vacancy that uiay happen in the Council ; In these lists I have distinguished 
where the I'ersons named live. And intreat Your Lord''^ that what Vacancies are lirst to be 
filled, may be filled with Persons inhabiting this City; Because very often I find it difficult to 
get five together, so many of them living at a Distance. As for the number of Inhabitants of 
this Province, I sent one exact list of them about four years ago, and another two years ago, 
where these were distinguished by Whites, and Blacks, Males and Females; I will take care 
a new list shall be taken and sent by the lirst opportunity. I will likewise Endeavour to give 
Your Lord''' an account of the increase or decrease of the Inhabitants since my coming to this 

Two sorts of people remove out of this Governm' into the neighbouring Provinces, the first 
are trading men, of these but few are removed since I came hither; The other sort are 
Husbandmen, (.)f this sort many are Removed lately, especially from King's County on Long 
Island ; And the reasons why they remove are of two kinds ; The first is because. King's 
County is but small and full of people, so as the young people grow up, they are forced to 
seek land further off, to settle upon ; The land in the Eastern Division of New Jersey is 
good, and not very far from King's County, there is only a bay to crosse : The other reason 
that induces them to remove into New Jersey is because there they pay no taxes, nor no 
duties ; The most eftectual way to prevent the Removal of the first sort of people, would be 
to bring all the Colonies and Plantations upon the Continent of America under the same 
Duties and Customs, for goods Impoi'ted & Exported; If this were once settled the trading 
Men wou'd then consider which is the healthiest, pleasautest, and most convenient place for 
Trade; whereas now the Chief Consideration is, where the least Duties are paid ; Of this 
we have had several instances lately ; since the French destroyed Nevis several families have 
removed from tliat Island, with intent to settle in this place, but when they have found what 


Duties people have paid, and do pa}' here, and that at Philadelphia they pay none at all, they 
remove thither. As for the iiushandmen, I can't see how they can be hinder'd from removing 
out of one province into the other. As for the number of Militia of this Province, your 
LordP' shall have an exact list of all ; In the mean time I think I may say they amount 
to rather more than four thousand men. The Commodities exported from this Province to 
England, of the growth of the Province, are Peltry of all sorts, Pitch, Tar, Rosin and Trayn 
Oil ; and if due encouragement were given good quantities of hemp, flax, timber. Masts, 
and Yards, might be sent from this Province to England ; But besides the commodities 
above mentioned, we send into England considerable quantities of Sugars, molosses. Logwood 
and other Dying wood, scochaneel, indigo, and Cacao Nuts which we have from the Islands 
of Barbadoes, Mountserrat, S' Christopher's, Nevis, Antegoa and Jamaica ; To which Places 
we send flower, biscuit, beef, pork, bacon and trayn oyl. Besides the trade we have with the 
English Islands in the West Indies, as abovementioned. We have some Vessells that trade to 
Surinam and Curasao, And some to S' Thomas; To the two first of these places we carry 
flower, bacon, Candles, and Train Oyl, and some times Horses ; from thence we liave in return 
heavy Spanish mony, and some times some Cacao; From the latter we have Rum, Sugars, 
Molosses, Cacao and Cotton Wool ; and we send thither flower, beef, pork and Bacon ; But I look 
upon the Trade to S' Thomas to be prejudicial to these Parts, because the commodities we have 
frdm that Island (which is subject to the King of Denmark) are not the produce of the Island, 
but the produce of Prizes taken by the French upon the Subjects of the Queen, and carried in 
thither, it being a Neutral Port. Some times we have a vessel! or two to go to the Coast of 
Guinea, & bring Negros from thence, but they seldom come into this place, but rather go to 
Virginia or Maryland, where they find a much better market for their negroes than they can do 
here ; The trade of this Province is much decayed of late years, I mean for these ten years past, 
or more, for in the year 1694- it received its most fatal blow by this means ; 'Till that time 
nobody was permitted to bolt, but the Citizens of New York, then the Bolters were under 
rule, proper Olficers being appointed to view all the flower that was Exported, so that no bad 
commodity was suffered to go out ; But in that year an Act of Assembly was passed whereby 
all persons in the Country as well as the City were permitted to Bolt ; By which means two 
great Inconveniences have hapned, one (which is the greatest) is, that the commodity is 
vitiated ; for the Country Bolter being under no rule or Check, does not care what the 
commodity is, so it pass out of his hands ; so that he very often mingles Indian Corn flower 
with his Wheat flower ; this being discovered in the West Indies has so cried down our flower 
that the Pennsylvania flower sels for three shillings the hundred more than ours ; Whereas 
the New York flower used formerly to exceed the Pennsylvania flower one and some times two 
shillings the hundred. And this I look upon as the greatest Inconveniency that has hapned by 
that Act ; The other is that the Country Bolter ingrosses all the Corn of the County where 
he lives. And there being Bolters in almost every county, it is very difficult for the City 
Bolters to get corn to carry on their Trade ; The Consequence of which is, that the Bolters 
remove into the Country ; If they remove the Coopers must remove too, for they will find no 
work in the City ; That this will be the case we see by experience Already, several having 
removed themselves, by which means the City will in some years be unpeopled ; These two 
Inconveniencies have hapned by the above mentioned Act, which I take to be the greatest 
cause of the Decay of our trade ; There is another cause for the Decay of the Trade of this 
Province whice arrizes from the people's own faults, And that is thus ; In the time that S' 
Vol. V. 8 


Edni. Andros was Governor of this Proviiic tliere was no Assembly, hut all was done hy 
orders of tiio Governor in Council, He heing willing to Incourage the Trade of the Place, as 
much as he eou'd, made two Orders in Council; One was to incourage the Bolting Trade, by 
Prohibiting the Exportation of corn in grain, the other was to lay a duty of ten per Cent upon 
all Kuropean Connuodities imported into this Province from any part, except from England 
directly, and that was the lirst thing that Incouraged the People of this Province to build ship- 
ping: The same thing was done since l)y Act of Assembly ; but since that Act expired (which 
was since I came) 1 cou'd never perswade the Assembly to renew it, tho' the Inconveniences 
that happen for want of it are many, as follows. Now the people of New England come and 
buy our Corn in (irain, with mouy which they have clipped to a third part of the real value; 
They carry it to New England, there grind it and bolt it, and ship it off for the West Indies; 
on the other hand tliey bring us in European goods, for which they carry away our best mony; 
formerly we had nothing in Picturn from the West Indies for our Flower, and other 
Counnodities, but heavy pieces of Eight ; Now there is not one vessel in ten, that brings any 
mony, only European goods; so that if it were not for the small trade our people have with 
Surinam and Curacao, we shou'd have no heavy mony in the province ; And tho these things 
are as plain as the Sun, Yet it is not possible to jirevail with the Assembly to renew those 
Acts, and the only reason I can give for it is, Tliat the members for the Country are more 
numerous than those for the City ; They do'nt can; what beconu'S of the Citty, provided they 
have goods cheap ; They think the more Goods are brought in the cheaper they will be, no 
matter from whence they come, nor how much the Trade of the Province is destroyed: Thus 
I have acipuiinted your LordP"' with the Decay of the trade of this province, and the causes of 
it. If I may propose a cure for the lirst of these Distempi'rs, I can think of none Init tliese ; 
first if the Bolting Act is not already confirmed at home, that tlie Queen wou'd be ()leased 
to Reiect it. If it is c<mtirmed either by his late Majesty, or Ijy the Queen, under whose 
Auspicious Keign we now happily live, then I can propose no other remedy than this, that her 
Majesty will be graciously pleased to allow the City of New York to _choose as many 
Representatives to serve in General Assembly as all the rest of the Province does, By that 
means they will be able to pass an Act to repeal tlie Bolting Act, and thus this proposal may 
not be thought unreasonable as at first sight it may be thought to be, I think the last General 
Asseml)lv <'f this Province have made it jilainly appear to be nmst reasonable; for in the 
Tax of three thousand pounds, which was rais'd ten- the fortifying this City last year, 
wlu'n we expected the French to land upon us, the Assembly thought fit to lay fifteen 
lumdred pounds, one full half of the three thousand pounds, upon the City and County of 
New York ; Now I think it seems reasonable tiiat if the city of New York is to bear lialf 
the burthen, the City ought bear a proportionable share in the Legislature ; But this I 
submit to Your Lordr*' better judgments. As for the second cause of tlie Decay of the Trade 
of this Province I see no remedy for that, unless Her Majesty is pleas'd to signify her pleasure, 
that an Order of the Governor in Council, Shall be edectual in that Case, as it was in the time 
of S'' Edmond Andros. That there has been a great deal of illegal trade carried on in this 
Province formerly is undoubtedly true, I hope it has not been so bad of late years, but yet I 
know there has lieen illegal Trade carried on between New England, Connecticut and the 
East End of Long Island ; The only way we have to prevent it is to send a small sloop to 
cruize in the Sound, between Connecticut and tlie East End of Long Island; We have 
sometimes had the good Luck to meet with some of their Vessells, but those Cruizers have 


proved chargeable, and the Revenue here is not able to bear it ; Colonel Quary has lately 
settled an Officer at New London in Connecticut, whose Commission likewise Extends to the 
East End of Long Island, I hope that will in some measure checque that Illegal Trade, 
though I am well satisfied that the poor gentleman who goes there vrill meet with very great 
difficulties ; I am of Opinion that if a small Yatch were built, of about fifty or sixty tuns, 
that might cruize in the Sound between Connecticut and Long Island, it wou'd be one of the 
most effectual means to prevent illegal Trade ; And the Charge of such a Vessel will not be so 
great as it may at first sight seem to be ; for if the Iron Work, Sails and Rigging are sent from 
England, tiie Timber, Mast and Building will be found liere for four hundred pounds, and the 
only certain charge will be a 3IafJter, one man, and a boy, to look after tlie Yacht, when she 
is in harbour, and in Wjnter wlien she is laid up, And I think it is very i)lain the charges of 
building such a Vessel will soon be saved for if we must hire a Sloop for that Service tlie 
cheapest we can get her is five and twenty pounds a month, or Eighteen Shillings a Day, and 
we must man her & victual her ; The Months in which that illegal Trade is cliiefly carried 
on, are the Months of May, June, July, August and September, so that at five and twenty 
pounds a month the charge will be ^125 a year for the Vessel! only, besides the uncertainty of 
finding a sloop fit for the service, at an hour's warning ; whereas such a yatch wou'd be always 
ready at hand. The number of Vessells belonging to this Port is much diminished of late 
years, I have been told tiiat there has formerly belonged to tiiis Port two and thirty top sail 
Vessels, besides Sloops ; Now we can't reckon above Eight and Twenty Top Sail Vessels & 
Sloops; The number of Seafaring men is likewise Decreased Cheifly by the loss of two 
Privateers, one of which it is thought foundered at sea with about four score hands on board 
of her, and another which was cast away at Sandy Hook, going out, and an hundred and 
twenty men were lost in her, so that now, by the best computation that can be made, I ca'nt 
find above three hundred Seafaring men, of all sorts, belonging to this Port. All sorts of 
Vessells are built well in this place, but the Vessells most usually built here are Brigantines 
and Sloops, of both which sorts there are several built every year in this place, by Direction 
and for the use of the Merchants in Jamaica, Barbadoes and others of the Leeward Islands, 
besides those that are built for the use of the Merchants of this Place, which have been a 
pretty many of late, because our people have lost a great many Vessells this War, both going 
to and coming from the West Indies, And I d'ont believe there are above six Vessels belonging 
to the Place but were built here. The Manufactures settled in this Province are Linnen and 
Woollen; they make very good Linnen for common use, and I do'nt doubt but in time they 
will improve that considerably ; As for the Woollen I think they have brought that to too 
great perfection already ; And I must be of opinion that that will be a very great prejudice to 
England in a few Years, and ought to be taken care of in time ; They already make very 
good Serges, Linsey Wolseys, and in some places they begin to make coarse cloth, and without 
doubt in a short time they will so far improve in that, as not to want the Assistance of 
England to Cloth themselves, how far that may be to the Advantage of England, I submit to 
Your LordP^' considerations. 

We have all sorts of Trades here, and some of every sort^that work well ; There is as good 
Fuller's Earth and Tobacco Pipe Clay in this province as any where in the World ; The 
quantity of Train Oyl made in Long Island is uncertain, some years they have much more fish 
than others, for example last year they made four thousand Barrilsof Oyl, and this last Season 
they have not made above Six hundred ; About the middle of October they begin to look out 


for iish, the iSeasou lasts all Novt'inl)i.T, December, Jamiarv, February and part of" March ; 
a Yearling will make about forty Barrils of Oyl, a, Stunt or Whale two years old will make 
sometimes fifty, sometimes Sixty B irrils of Oyl, ami the largest whale that I have heard of in 
these Parts, Yielded one hinidrcd and ten barrels of Uyl, and twidve hundred Weight of Bone; 
There might be good Imiirovement made in the Fishery of Codd fish & Mackril; But iisli of 
several sorts is so plenty in the Rivers, and in the Bay before this City, that our people will 
not take the pains to go to Sea. Thus [ have Endeavoured to answer the several queries lour 
Lord''* are pleased to \n\t nu', with respect to the I'rovince of l\cw York as well as the 
Shortness of the time of the Sailing of this Ship wou'd permit; By the next conveyance 1 will 
Supply what is defective in tliis. 

Your Lord'" are pleas'd to command me to add whatever i thiidv conducive to Her Majesty's 
service to the interest of Englantl, to the advantage of this jiarticular I'rovince and to 1 our 
assistance in the Discharge of the Tiaist reposed in Your Lordships. There are many tilings 
which might be proposed under these Directions, but 1 dare not undertake to do it ofl' hand, 
in the little time Iliis Ship allows nu' to write; But by the next 1 will endeavour to olfer to 
Your Lordships what is proi)er upon this Subject, In the mean tinu' 1 think it my Duty to 
oiler one thing to ^ our considerations, which 1 think veiy much for Her Majesty's service, for 
the interest of England and indeed for the particular advantagi' of this I'rovince if the People 
would but understand it riglit: The Assend>ly of this Province is not very forward pass any 
Act for settling the Militia, and the last Act 1 did prevail with them to jiass for that purpose 
they limited to the space of one year; Besides they are not very forward to inflict penalties on 
their Neighbours for not doing their Duty: this is so, not only in this, but in almost all the 
Provinces upon the Continent, 1 therefore offer it to Your Lordships considerations whether it 
would not be for Her Majesty's Service that a short Act of Parliament were passed in Great 
Britain for settling and regulating the AFditia of these Parts of the World; I am afraid the 
Militia here will never be in the Order it ought to l)e, 'till that is done ; Li the Province of 
New Jersey it is worse, and in the Province of Connecticut, though Her Majesty was pleased 
by Her Commission to put the JNIilitia of that Province luuler my Direction, they refuse to 
receive any commission from me, or to obey any order. 

Your Lord'" are pleased to say that M" Biu'chett has sent M'' Popple an answer to my letter 
of the l-l"" of December 170(i, relating to the behaviour of Capt. Fane, upon the death of 
Capt. Miles, and that a Copy thereof is Inclosed for my Information. I beg leave to inform 
you that I have received no sucli Copy Inclosed. Capt. Fane is fallen out with all this 
Province ; he has often pid)lickly declared that he hates the whole Province, and ever}' body 
in it, and that if he met with a New York Vessel at Sea in distress he wou'd give her no 
assistance, and indeed he has shewn very lately how little kindness he has for the place, for 
having taken a Prize in his Voyage from Barbadoes to this place he wou'd not bring her into 
this Port, but carried her into Virginia, where he liad no business and ought not to go, this 
being his Port; I do'nt trouble Your Lord'" with his behaviour to me, which I believe has no 
precedent ; but I hope some other ship will be sent to releive him which will make the Country 
easier, under the command of some gentleman who will be more diligent than this gentleman 
has been, for I cou'd never send him an order to cruize, but he wanted something which 
retarded his going out, six or eight, or sometimes ten Days. Now Captain Norbury since his 
arrival here, has always l)een ready, at four and twenty hours warning, does his duty with 
chearfulness, and I believe will make this C'ouutry very easy. 

Your Lordf* are pleas'd to inform me that an Act of Parliament is passed for a perfect and 



Intire Union of the two Kingdoms of England and Scotland, And you are pleased to say that 
yoThave sent me two of the said Acts, that it may be published u. the nmst so emn n.anne 
L this Province of New York &c^ I must inform Your LordP' that no such Acts are come to 
y inds ; I did procure one from the Attorny General of this Provmce, who had received 
"from England ; And in Obedience to Your Comn.ands I have taken care to pubhsh .t in the 

most solemn manner We are capable of. , ,.. t f t. vn,, hv the Mast Fleet 

Now I beg leave to inform Your Lord'" that since the letters I sent to you bj the Mast I ee , 
wMcT sailed from Boston the IS- day of March last, nothing extraordniary has happen d m 
It Prov nee. In the beginning of May one Jones, Master of a Ship bound from Barbadoes 
o Phi de Phia, overshot his Port, and was taken by a small French pr.vateer from Martm.c 
abou thr e eanxes olf iron. Sandy Hook; The same Privateer had before that taken a smal 
loop 1 lo" i >g to this place, and two Ships bound from Liverpool to Pluladelph.a, I was a 
b" inltn wlfen this ha ned, as soon as I heard oi' it I sent orders to Capta.n Nod.ury to put 
fo S a with Her Majesty's Triton's Priz., which he did; And since that we have heard of no 
Privler oft' Sandy Hook : But two French Privateers have taken Statmn oft the Capes of 
Dev^'l where Ly have taken Seven or Eight prizes; And among the rest a very r>ch Sh.p 
iVom Lonion, commlded by one Young, who was taken in sight of the Capes; Several of the 
Me chants of that Place have writ to me to Desire that one of the Men ot War that are here, 
ma^ crle oft" their Capes for some Days, to see some of their Vessels safe to sea, who dare 
Tot peep out now ; The Triton's Prize will sail in two days for that purpose ; I hope we shall 
ha e a good accou^it of some of the Privateers. Yesterday I had a Message from Albany, from 
he CoSmiss^^ for managing the Indian Afthirs, to desire me to make what^aste I cou up to 
Albany, in order to be there by the fifteenth Instant, winch I wdl do, God w llmg, mdess I an 
hinde'd by contrary winds ; However I will get up as soonas it is possible, tho I chd im 
tend to have gone 'till the end of August, for it is now a hot Season, and th.s is the hottest 
tZtlrl have'known since I came into America. I intend to make but a short S ay there ; 
t soon as I return I will acquaint Your Lord- by the first Opportunity what it is the Indians 
had to propose to me. This is all I have to trouble you with at this time, only beg leave to 
subscribe myself, ^^^ ^^^.^^^ 

^, ^ , Your Lord'" most faithful humble Servant 

INew 1 ork ^ 


July the 1=' 1708. 

^^Miaf almost forgotten to acquaint Your LordPUhat being in New Jersey longer than I 
expected this Spring, I sent a Proclamation to the Gentlemen of the Conned of New lork to 
adiou n the Ass' mbly of New York ; And some days ago upon a Message from Albany relating 
to the Indians, the Gentlemen of the Council were of opinion that the Assembly ought to be 
called together to see if they wou'd raise a Fund for some presents for the Indians ; I issued a 
Proclamation requiring their meeting the 25- of this month. Two Days aftei- the Proc amation 
was issued M^ Philips acquainted me that several of the Members of the Assembly had said 
that they wou'd not meet, because the former Adjournment was by a Proclamation signed in 
N Jersey, And that they took themselves to be dissolved ; This is a Notion started last year 
bv M' Byerley, when he received an order from me, dated at Burlington, which he had no 
mind to obey, I did acquaint the late L<" Commiss" for Trade &» with this matter, and beg d 
their opinions, but I have not yet had any answer. I begg I may have Your LordP^ Opinion 
whether any order signed by me in one Province, is to be of force in the other, or not. 


Fdition of the Reverend 3fr. KocJierilial to the Queen. 

I Xew-Tork Enlrios, G. 801. ] 

To the Queen's Most Excell' Majesty 

The Petition of Joshua de Kocliertiial High German Minister of the Gospel. 

Most humbly iSheweth 

That a Petition liaving of late lieen presented unto Your JMajesty by Your Petitioner, for 
himself and on the belialf of Eleven persons more, who are lately arrived here IVom llie 
Palatinate, Your Majesty thereupon was most graeiously pleased to order that tin- matter 
shou'd be enquired into, in tiie Couneil of Your Majesty's Plantations; IJut no mention bi'iiig 
made in the said order about Your Petitioner, and the time for transiiortation of the said 
persons drawing near. Your petitioner finds himself obligeil with all Submission to re})resent to 
Your Majestv that alter his arrival in the West Indies, it will be very diflieult, if not impossible 
for your Petitioner to subsist or live upon his o\^■n means, or by the assistance of tlie said 
persons, who are all very poor People, Unless your Petitioner be upheld and maintained in his 
Station by a Supporting liand. 

Your Petitioner therefore most humbly Prays that Your Majesty will be most graciously 
pleased to order and Direct that a certain competent Salary may be allowed and paid unto 
Your Petitioner, whereby be, with his wife, and three children may conveniently subsist and 
live after their arrival in America. 

And whereas Your Majesty lias most charitably been pleased to Order that a Sum of Twenty 
'Pounds shou'd be given unto every Minister or Preacher before his Departure to America to 
buy Cloaths and Books, Your Petitioner also Prays, that the said Sum of Twenty Pounds 
Sterling, may be paid unto Your Petitioner, in order to provide himself with necessary Books 
and Convenient Clothing. And your Petlf shall ever pray, etc" 

Joshua de Kocherthal. 
July 7. 1708. 

Report of the Board of Trade on the preceding Petition. 
To the Right Honourable M" Secretary Boyle. 


In obedience to Her Majesty's Commands, signifyd to us by your reference of the 4"' 
Instant, upon the Petition of Joshua de Kocherthal, the High German Minister, Praying that 
Her Majesty wou'd be graciously pleased to allow him a Salary, for the better subsistence of 
himself and family at New York, and that Her Majesty wou'd be pleased to allow him a Salary, 
for the better subsistance of himself and family at New York, and that Her Majesty wou'd be 
pleased to order him the sum 'of twenty pounds before his Departure from hence, for providing 
himself with Cloaths, and Books, as has been done to other Ministers going to the Plantations ; 
We have considered the same, & thereupon Desire that you will please to lay before Her Majesty, 


that we find no precedent of a Salary being settled here upon Foreign Clergymen in the Plan- 
tations, Only that at New York the French Minister there has, as we have been Informed, a Salary 
of .£20, or ^30 a year paid him out of the Revenue of that Province, But by what order, or how 
that was done, We do not find. However as the said Kocherthal is very poor, and not capable 
of maintaining himself, his wife and three children, by his own labour, and that the Lutherans 
who go over with him are not in a condition to make him any allowance, We humbly offer 
that Lord Lovelace have Directions to grant to the said Minister a Reasonable portion of land 
for a glebe, not Exceeding 500 acres. And that he be permitted to sell a suitable Proportion 
thereof for his better Maintenance, 'till he shall be in a condition to live by the produce of 
the Rest. 

As for the ^20 he desires we find that it is usually allowed to English Ministers going into 
the Plantations and as the said Kocherthal is an object of Her Majesty's Charity, We further 
humbly Offer that Her Majesty be graciously pleased to allow him the said £20 according to 

the pra3-er of his petition. We are 

S"' Your most humble Servants 


Whitehal PhP Meadows 

July IS'" rrOS Jn" Pulteney. 

Calth IleatJicote, Mq., to ilie Board of Trade. 

[ New-Tork Papers, y. z. Z 30.] 

My Lords 

This comes chiefly to ask pardon for all the trouble I have given your Lordships in my 
severall letters relating to Naval Stores. What I aimed at chiefly therein was the service of 
my nation & I do assure yo' Lordships (notwithstand?. I may have been otherways 
represented) is very dear to me, & w' in the first place I aimed at by my proposals was, to 
have diverted the Americans from goeing on with their linen and wollen manufactorys, & to have 
turned their thoughts on such things as might be usefuU & beneficiall to Great Britain. They 
are already so far advanced in their manufactoryes that | of y^ linen and wollen they use, is 
mode amongst 'em ; espetially the courser sort, & if some speedy & effectuall ways are not 
found to putt a stop to it, they will carry it on a great deal further, & perhaps in time very 
much to the prejudice of our manufactorys at home. I have been discoursed with by some to 
assist them in setting up a manufactory of fine stuffs, but 1 have for the present put it by, & 
will for my own part never be concernd in y' nor any thing of y' nature, but use all the little 
intrest & skill I have to prevent it. In the second place I hoped & believ'd & am morrally 
assured, as to myself even beyond a doubt that I could have built & furnished the Crown with 
all the light frigatts that would have been wanted for this Coast & the West Indies, & that 
without putting the Crown to a new penny charge, nor do I believe I should have been many 
years about it. And besides these things I proposed many other very considerable & weighty 
advantages to Her Majesty and the nation, & that without asking or desireing a farthing more 
out of the Treasury, but to have done it only by the good husbandry on that which is, has 
been, & must be, unavoidably expended ; but since your Lordships have not thought fitt to 


enable me to try tlie experiment, I am content, & do not send tliis to jiresse or ur^e tliat matter 
any further, but to ask Your Lord.sliips pardon for the freedome 1 have taken, & tliat I may not 
have tlie misfortune to be under yo'' Lordships frownes, but have the hou'' and happinesse to 
be, My Lords, 

Your Lordships most obedient 
New York Aug" liumble Servant 

y S"* 1708. — Caleb IIeathcote. 

To the Riglit Hon''''' tlie Lords 
Commissioners for Trade and 
Plantations. — Whiteiiall. 

Ijord Cornljurij to tlu: Hoard of TraJe. 

[Xow-Tnrk Entrk's. C. S49. ] 

To the Right Hon'''" The Lords Commiss" for Trade & Plantations. 

i\Iy Lords, 

Since I wrote to Your Lord'" by the Elizabeth Cally, one Sylvanus Grevill Master, bound 
from this I'ort to Bristol, hy wJiich I acknowledged the receipt of Your letters of June J 707, 
I have not been favoured with any letters from Your Lord''^ Since that Ship sailed I have 
been up to Albany, in the hottest Season of the year, which made my Voyage very uneasy, as 
well as dangerous fu- health ; But having been infornu'd by the Commiss" for Indian Affairs, 
that tlie Saciiems of the five Nations bad sent them Word, that they wou'd be at Albany by 
the fifteenth of July, And that they Desired I wou'd meet them at that time, I immediately 
Ordered a Sloop to be got Ready, and notwithstanding the heat of the weatiier, wiiich was 
excessive (it being the hottest Summer I have yet felt since I came into America) I got to 
Albany on the Sixteenth day of July, none of the Sachems were then come, but the next day 
one Kunasore who is the Chief Sachem of the Onondages, and Ca(juaquinny one of the Chief 
Sachems of the Oneides, witii three other Lidians came to town, and bearing that I was there 
came to me, and told me tluit they came to bid me welcome to Albany ; That they Jiad no business, 
l)ut came only to Trade ; I asked them where the rest of the Sachems there, they told me they 
were busy in making Canoes, at a place which the}- named, and is a hundred and Sixty miles from 
the first of the Moliacks Castles, consequently two hundred Miles from the town of Albany; I 
asked them if they knew wiien tlie Sachems intended to be at Albany, and if they knew of a 
iNIessage the Sachems had sent to tlie Commiss" for the Indian Afl'airs, they said they did believe 
the Sachems did intend to be at Albany in a month's time, but they were not sure ; tliat they 
liad heard that the Mohacks had sent a Message to the Commiss'^'' but that they did not know of 
any time Appointed for their coming; I desired them to send one of their Young men to the 
Sachems, to know when they wou'd come, which they did, and lie being returned, told me 
that the Sachems were at work upon their Canoes, and that they cou'd not come 'till they 
had finished- them, which wou'd be about a Month ; Upon that I resolv'd to return to New 
York, where the Assembly were to meet upon the IS"" of August ; But I must acquaint Your 


LordP' that during my stay at Albany, twelve of the far Nations of Indians came to trade with 
our people; There are two Nations of them who are called Twigtwicks and Dionondadees; 
the nearest of their Castles is Eight hundred Miles irom Albany ; I haA'e been these five 
Years endeavouring to get these nations to trade with our people, but the French have always 
Dissuaded them from coming 'till this year; And this year. Goods being very scarce, they 
came to Albany, where our people have supplied them with goods much cheaper than ever 
the French did, and they have promised me to return in Spring, with a much greater number 
of their nations, which -Cvill bo a very great advantage to this Province. I did in a letter of 
the 2-5* day of June last, inforn; Your Lord?' that three French Souldiers, who had deserted 
from the Frencli at a place called by them Le Destroit, were come to Albany, another Deserter 
came from the same place, whom I examin'd myself, and I send here Inclosed a copy of his 
Examination, by which Yoyr Lordr' will perceive how easily the French may be beaten out of 
Canada ; I did send a Proposal for that purpose to the late Lords Commiss" for Trade and 
Plantations in the year 1702 ; The better I am acquainted with this Country and the more I 
enquire into Matters, so much the more I am confirmed in my opinion of the facility of 
effecting that Conquest, and by the Method I then proposed, to which' I refer; The 
Advantages that would attend that matter ar very many, and particularly this that 
Newfoundland will be a very easy conquest after Canada is reduced ; What an advantage 
the having all Newfoundland would be to England I believe every body sensible of, and that 
that wou'd be the certain consequence of reducing Canada is most true ; Besides this 
Deserter there is come to Albany one Montour, who is the son of a French Gentleman, who 
came above forty Years ago to settle in Canada ; he had to do with an Indian woman by 
whom he had a son and two Daughters; The man I mention is the son, he had lived all 
along like an Indian, some time ago he left the French, and had lived among the farr Indians, 
and it is cheifly by his means, that I have prevailed with those farr nations to come to Albany ; 
he has given me the same account that the Deserter did ; The Regular forces in Canada 
consist of Eight and twenty Companies of foot ; At their first coming they we"-e fiftys, but 
now by death and desertion the strongest of them is but two and twenty, some sixteen, most 
of them twelve or fourteen ; Canada is now governed by one Blonsieur De Vandreuil, under 
him one Monsieur de Ramsay commands at Montreal, which is the upper part of Canada, in 
which the whole number of men does not exceed Eight Hundred ; Quebec which is the 
lowest part, and much the larger part of Canada, has near three thousand men in all, so that 
the whole strength of Canada does not amount to five thousand men including the regular 
forces; Quebec is fortified with Sodd work, but now they have begun to fortify it with Stone; 
they do it by Degrees, every year some, so that if they are not disturbed, in four or five years 
they will have finished their work, which will make the reducing that place much more 
difficult than it is now. 

I have often by letters infonned the late Lords Commiss" for Trade and Plantations, of the 
necessity of having Presents sent over from England for the five nations of Indians ; without 
which it is impossible to keep them firm to the Crown of England; They have had no 
presents since the first year that I came hither, which is above six years ago ; I have proposed 
it to the Assembly which is now sitting to raise a Fund for presents for them this fall ; I 
can't yet tell if I shall' prevail with them or not, but if they do not raise such a Fund, I am 
afraid we shall loose the Indians before next summer ; I have Endeavoured to convince them 
of the necessity of the thing, therefore I am iu hopes they will do it ; About four hundred 

Vol. V. 9 


pounds Sterling well laid out, every other Year in England, wou'd furnish Presents enough 
to keep the Indians firm to the Interest of England, and I don't at all question but if that 
were allowed, I cou'd debauch a great many of the Erench Indians from them. 1 entreat 
Your Lord'" will please to recouiuiend this matter so effectually to My Lord High Treasurer, 
that it may be obtained. I was in hopes to have sent you by this conveyance the Minutes of 
Council & Asscmblv, I'rom the time of my Arrival in this Province, but the Clerks have not 
been able to get them ready, the Virginia Elect sailing so uuich sooner than was Expected, but 
as soon as possibly tliey can be done, they shall be transmitted to Your Lord''" by the first 
Opportunity that Ofl'ers. In the mean time I am, My Lords 

lOur LordP* most faitliful 

humble Servant 
New York August 20"' 1708 Corxbury. 

Zionl Coi'nhiirt/ to Ihe Board of Trude. 

[ Sew-Tork Entries, G. Sr.T. ] 

To the R' Hon^'''= The Lords Coramiss" for Trade & Plantations. 

My Lords. 

I trouble Your Lord''' with these few lines to acquaint 3'ou, that the great abuses committed 
in the neighbouring Colonies upon the Spanish Coin allowed to be current here to that degree 
that it is generally Diminished above one third of the Value, have Obliged the Assembly now 
sitting, to pass an Act for Regulating and preventing the Corruption of the Current Coin, 
which I herewith send you, And intreat Your Lordi" to use Your best Endeavours to Obtain 
the Royal Assent for this Act, which I know to be of the utmost consequence to this Province, 
and without which it must be ruined ; I likewise send Your Lord'" an Address signed by my 
self, all the gentlemen of the Oouucil that were in town, and all the members of the Assembly 
that were in town ; I am desired by them all to Desire Your Lord?' to lay it before Her 
Majesty, wilh the Acts to which it relates. I am obliged injustice to the people of this place, 
to assure Your LordP' that the Address contains the Truth, and that the Inconveniencies 
therein mentioned, v^'ill most certainly attend this province, unless Her Majesty is graciously 
pleased to confirm the Act passed here ; I begg the favour of Your Lordi'* that I may hear 
what Her Majestj's pleasure is as soon as possible because the Act of Parliament of Great 
Britain is to take place in these Parts the first of May next. I am with great Respect, 

My Lords, Your Lord''' 

New York J\Iost faithful humb'' Servant 

Octob'- IS'I" 170S CORNBURY. 


Lord Lovelace to the Board of Trade. 

[Xew-Tork Entries, G. 3Co.] 

To the R' Hon"'' the Lords Commiss" for Trade & Plantations. 

^^I do'tyself the honour to acquaint Your LordP' that I very happily arrived here this 
morning, having been nine weeks and Odd days in my passage; Tlie Kingsale m which I 
came being seperated from the Fleet, got into Buzard's Bay in New England and gettmg 
Pilots there gained our Passage through the Sound between Long Island and the Main, and 
landed at Flushing. I do not yet hear of the arrival of any Other Ship of our fleet except 
the Unity, which struck on the bank at Sandy Hook ; She was left by all her Seasem [Seamen] 
but has since got off and is gone to sea again : We have not since heard of her, but hope she 
is safe, having two good Pilots from hence on Board. Our Winter sets m very hard he 
Ports and Rivers are full of Ice, I am in pain for the Germans and Recruits on board he 
Globe they wanting Water, and the Weather not permitting us to assist them This Coast is 
so terrible in the Winter I think no Ship ought to be sent hither from England after August at 
farthest : Our poor Seamen were so benumned with Cold, that at last we had but twenty hve 
men fit to do any Duty, and had not the Soldiers, which we had on board, assisted, the Ship 
liad been in great danger. I shall take Care to send the Dispatches I have for the severa 
Governors on the Continent, and to conform myself to the several Instructions I have received 

from Your Lordships, being with great respect, Your Lordsf^' , , . . 

Most faithful humble berv' 

New York ^ 

^ , ,o.^ .«r,o " Lovelace. 

December IS"" 1708 

Re2:>ort of the Board of Trade on the New-Yorh Act regulating Foreign Cohi. 

[New-Tork Entries, G. 369.] 

To the Queen's Most Excell' Majesty. 

May it Please Your Majesty . , t. • e 

Having received a letter from the L" Combury, late Governor of Your Majesty s Province of 
New York, Dated the IS'" of October 1708, transmitting to us an Act of Assembly ately 
passed there, for regulating and preventing the Corruption of the Current Coin. As also an Address 
from his Lordship the Council & Assembly of that Prox-ince to Your Majesty, setting forth 
their reasons for having passed the said Act, We humbly take leave to lay the same before 
Your Majesty, and thereupon to Represent. 

That Foreign Coins are by this Act of Assembly raised to a higher rate than at which they 
are allowed to be Current by the Act passed here, the last Session of Pariiament, entitu ed 
An Act for Ascertaining t/ie rate, of Foreign Coins in Her Majestfs Plantations m America, Kx^A 
we take leave to Instance in One particular, viz« All Spanish Coins of Mexico, Sevill & Pillar, 


are not to pass at less than Ei,i;lit Shillings the Ounce Troy, Whereas according to the 
Proportion Settled by the foresaid Act ot Tarlianient the Ounce Troy ought to be but Six 
Shillings and ten pence farthing. 

Upon this Occasion we cannot but observe that the Lord Cornbury in giving his Assent to 
this ><'e\v-York law, has acted contrary to his Instructions, whereby he is required "Not to 
" permit any Act of Assembly lo ])ass for altering the price or value of the Current Coin 
" within this Government, without Your ^Majesty's particular leave or Direction for the same." 
Tho in the fore mentioned Act of Parliament tliere be a clause in the Words tbllowing 
" Provided also, and it is hereby further Declared, that nothing in this Act contained shall 
" Extend, or be construed to Mrstrain Her Majesty from regulating & Regulating' the Several 
" Rates of the said Species of Foreign Silver Coins, within any of the said Colonies or 
" Plantations, in such other manner, and according to such other rates and Proportions as Her 
" Majesty by Her Royal Proclamation for that purpose to be issued, shall from time to time 
"judge proper an necessary, or IVom giving Her Royal Assent to any Law hereafter to be 
" made in any of the said Colonies or Plantations for settling and ascertaining the current rates 
" of such coins, within the said Colonies or Plantations; But that such further Regulations 
" may be made, and such assent given in as full and ample manner, to all intents & purposes as 
" the same might have been done in case the Act had not been made, & no otherwise ; anything 
" herein before contained to the contrary hereof in anywise notwithstanding;" Yet the Intent 
of the said law was, that there shoud be Init one and the sanm value of the same species of 
Foreign Coins throughout all Your Majesty's Plantations in America. 

When Your Majesty's Royal Proclamation for settling the Rates of Foreign Coins was sent 
over to New York, in the year 17U 1, the Complaints then made by that (iovernment were, that 
if the said Proclamation was duly put in Execution at New York, that Province wou'd suffer 
very nuich thereby, for that the Neighbouring Provinces of the Massachusetts Bay and 
Pennsylvania did not pay any obedience thereunto, and therefore the Lord Coi'nbury suspended 
the Execution of the said Proclamation within his Government, but they did not then make 
any Objection to the Rates at which Your Majesty was pleased to order the said Coins to pass. 
We further humbly offer that shou'd this New York Act be confirmed by Your Majesty, it may 
reasonably be presumed the other Plantations will also get laws of the like nature, & thereby 
raise the Value of such Coins as they shall think most to their particular advantage which 
method wou'd entirely defeat the Intent of the foresaid Act passed here the last Session of 
Parliament, and bring the Plantations under the same Inconveniences as formerly. Wiiereupon 
for prevention thereof, We are humbly of Opinion that Your Majesty be pleased to signify 
Y^our Disallowance and Disepprobation of the fore mentioned New York Act.- 

Which is most hundily submitted 
Phi. Meadows 
Jn" Pulteney 
Whitehal Rob' Monckton 

February the 22'' 170| Cha. Turner. 

' Sic in MS.— Ed. 



PetUion of Roger Mompe.son, Esq., Chief Justice of New 

[New-York Papers, y- '■ Z 38.] 

To tlie B' Hoii'" the Lords of Trade aiul Plantations 

The humble retition of Roger Momresson of New York in America. 
Humbly ShevvetlK- ^^^^^ ^,_^ ^^^, ^f „,^ „;„„ c„„. of 

.im" It^rfSld ea . dateL first day of ApriU 1703 did constitute the said Roger 

r:;"in".:;,; or .be ooL o;f--i,:L:^:aifrr;;r.ettL:thr;:™:.t 

dvic of IL'said Councm did in lieu of fees then and fon.erly ta... ^^^^^^ ^ ^ 
Court of Admiralty establish certain sallarys on them to commence the ~o "^ 
tT,tu^^Stl.e Judge was to receive two hundred pounds p^ annum Curr' money of 
New York; which sallarys were n.ade payable out of Her Ma-'" revenues the e 

That thL said Roger Mompesson hath duly executed that office e.-er s.nce til ^^ P--^ 
9<i nf Feb^ 110- and has Warr- for his sallary according to the saul Estabhshm'. But he has 

eronlyt-eQ^rt'sLry so there rem unto him six hundred pounds, accordmg 

TthTLd Estlishm^ and 'warrants; That upon ^1-^, decease of D^ Br. d^esj^^nu^^^^ 

Justice of this Province, the said Lord Cornbury then Governor &= about the ^f^"^'^* ' J^. 

1 by C ssion und^ the Great Seal of the said Province did --t.tute he sa.d Roge 
ompessonCheif Justice of the said Province and ^^^f^^^^^J^^^^^ 

Trade & Plantations therewith, for their approbatmn ^^f ^^^^''7 ^^ f^^^'^^'^/dated 

Majestys royall approbation, to which by letter of their to the Lo d Comb- d ^ 

:;d:y%— o.^3itle':rt^ 

.. uLTng i to be of use to your Lordship or advantage to him, since by ^.e Com.ssmn guex 
Jby ;ouVLo:dship he is act'ually Cheif Justice and instituted to the P-f- ^PPj; ;™7, 
« to that office." That about the second of October 1704 the said Lord Con bu y did by 
C mislnunder the Great Seal of the Province of New Jerse, constitute te sa. Momj..^^^ 
Cheif Justice of that Province, and by letter acquainted the Lords ^' '^^ft^f^^'^'^'^ 
therewith and recommend him for their Lordships approbation ^^d Her Ma Koa 
nfi^ation ; to which their Lordships gave no other answer but referre ^ ^^ ^^^^^ - 
former letter of 26 March afore mentioned. Hereupon the said Roger Mompesson desisted 
m a rier soUicitation for Her Ma'- Confirmation of the said Comissions; and discontinuing 
is prat e as Barrister at Law which was much more beneficiall to him than both the Sallarys 
3 ngTe said Comissions, the same being but one hundred and thirty pounds p^ Annum 
each, New York money, hopeing that Her Maj- would be graciously pleased to make some 


allowance from the Exchequer in England as had been formerly done took on him the execution 
of tlie said oflices and hath duely and faithfully discharged his duty therein and hath brought 
the Courts of the said Provinces more formible to the practice of Westminster Hall than any 
other in Her Ma"" Plantations in America, and there is due unto him for the same from the 
Province of New Jersey two hundred sixty pounds being two year's sallary, and from the 
Province of New York one year and a quarter's sallary one hundred sixty-five pounds & ten 
shillings, for which said sums the said Roger Mompesson hath warrants on Her JNIa""' Revenue 
there; but the Reveiiiie in New Jersey is long since expired, and the revemie of New York is 
limitted but till the eighteenth of May next, and there seems very little tendency in the people 
of either Province to pay the debts of the same ; so that the said Roger Mompesson is in danger 
of loosing all or the greater part of the said sums soe due to him as aforesaid, amounting in the 
whole to the sum of One thousand and twenty-two p(nm(ls, ten shillings; and the said Roger 
Mompesson is in danger of being superseded from his said offices of Cheif Justice for want of 
Her Ma''" Confirmation, which was occasioned by the letter before menconed. 

Your Petition'" tliereibre most bumlily prays your Lordships to recomend him to 
Her Maj"'' for her royall approbation & conlirmation of him in liis said 
offices, so that Warrants may be granted for new passing the said Cumissions 
und"' the Seals of each I'rovince. 

And your Petitioner sliall ever pray &'= 

(signed) Roc;er Mompesson. 

(Indorsed) "Petition from M"" Roger Mompesson Cheif Justice 

" in New Yoriv ; praying that he may be continued 

" in that Employ &"= Rec'' from RP Cofl'. 
"Rec' 7 July 
" Read 27 D° 1709." 

The Queen to Lord Lovelace^ directhig an Expedition against Canada. 

{ New-York Papers, TI. No. o.'i. ] 

Right Trusty and Welbeloved We greet you well. Whereas we are fitting out an expedition 
with great expence for the security of our subjects in your government, from the neighbourhood 
of the French in Canada, which has been very troublesome to them of late years, according to 
certain proposals laid before Us by our Trusty and Wel!)eloved Coll. Vetch, and pursuant to the 
many applications that have been made to Us by our sidjjects, who have suffered very much from 
the French in that neighbourhood, We do hei'eby strictly require and command you to be assisting 
to this our expedition, after the manner that the said Coll. Vetch shall' propose to you, and that 
you look upon those parts of his instructions^ which relate to you and to our governments under 
your care, and wliich We have ordered him to communicate to you in the sami^ manner as if 

' " Shall i« OMr name propose", &o. New -York Council Alinutea, X., .351. — Ed. 
' These lustructions are in New-York Council Minutes, X,, 347. — Ed. 


they were our positive commands directed to your self, and tliat you pay tlie same obedience 
to tliem. 

And wliereas tliere may be some particulai's in our above mentioned instructions as that of 
the place of rendezvous, w'='' you live in the Coimtry may be the most proper judge of, We 
do therefore leave this and other the like circumstances to be altered at discretion [as our service 
shall require] ; provided that Col. Vetch and Col. Nicholson do concur with you in any such 
alteration, and provided that you punctually [and exactly] observe the number of men which 
you are to raise' and the time when they are to appear and be in readiness to enter on the 
expedition. And so We bid you farewell. Given at our Court at S' James's y" 1" of March 
170 1. and of our reign the 7"" year. 

The like letter of the same date (with the omission of the last paragraph) to 
the Govern" of New England, Road Island, Connecticut & Pensilvania. 

Veto of the Act jMSsed hy the New -Yorlc, Legldature for regulating the Current Coin. 

[ New-Tork P^ipors, y. z. Z ;54. ] 

• At the Conrt at S' James's the S-^ of March 170S. 

Present. — The Queens Most Excellent Majesty in Council! 

Whereas by Commission under the Great Seal of England the Governor Councill and 
Assembly of Her Ma'^ Province of New York are impowered to make constitute and ordain 
laws statutes and ordinances for the publick peace welfare and good government of the said 
Province ; which laws statutes and ordinances are to be as near as conveniently may be 
agreeable to the laws and statutes of this Kingdom, and are to be transmitted to her Majesty for 
her Royall approbation or disallowances of them. And whereas the Lords Commissioners of 
Trade and Plantations have made an humble representation to Her Majesty setting for[th] their 
reasons why an Act of Assembly lately past at New York entituled An iVct for Regulating aud 
Preventing the Corruption of the Currant Coin, should be repealed and set aside ; Her Majesty 
upon consideration thereof has been pleased with the advice of Her Privy Councill to declare 
her disallowance and disapprobation of the aforesaid Act of Assembly, entituled an Act for 
Regulating and Preventing the corruption of the Currant Coin. And pursuant to Her Ma" 
pleasure thereupon the said Act is hereby repealed and declared voyd and of none effect. 

A true Copy 

(signed) William Blathwayt. 

' "You are to/«rnMA". Ncu>-York Council Minutes, X., 352. lu which copy the 'words within brackets ai'e omitted, aud 
the date is 28tli of February. — Ei>. 


■ Board of Trail' to LorJ LovcJace. 

[Xc'W-York Eiilrics, G, 303.] 

To the Right lionourahle The Lord Lovelnre. 

Aly Lord. 

Whereas the rroduetion of tlie Several Sorts of Naval Stores in Her Majestys Plantations 
in Ameriea has l)een thought so highly Advantagious to this Kingdom, that an Act of 
Parliament was past in the third & fourth Years of Her Majesty's lieigu (which has been 
dt-liver'd to Your Lord'') allowing a premium to all Persons as shall import such Stores to this 
Kingdom, as are of the growtii and produce of the said Plantations, And tlm the said 
jiremium (as particularized in the Act) lie a considerable Incouragement to the Importers, as 
likewise to tlie Inhabitants in the several plantations, to Apply themselves to the I'roduction 
of the said stores there, Yet that there may be nothing wanting whereby so good a work may 
be further Incouraged and Promoted; We Desire your Lord"' will consult with the Persons 
chiefly concerned and most knowing iu these matters in the Provinces of New York and New 
Jersey, under your Government, and then that Your LordP will let us know what you may 
have to propose upon this Subject, particularly with regard to the making of Pitch and Tarr, 
and to tlie furnisliing Her Majesty's Navy and this Kingdom with Masts; We further Desire 
your Lordi' to consider of a proper Method for preserving the Masts and Tindier in the Woods, 
that are fit for the use of Her Majesty's Royal Navy. 

Her Majesty having been pleased by Her Order iu Council of tlie 3'' Instant to Repeal an 
Act past at New York, Entituled, An Act Jor Ilcgiilatiiig and iircnnting the. cornijuhin <if tltr 
Ciirniii Ciii/i, We send Your Lord'" the said Order here inclosed, which you are to cause to be 
pulilisird & Entred in the Council Books as usu;d ; And that Your Lordi' may know what has 
induced Her Majesty to Repeal the said Act, We likewise Inclose to Your Lord^ a Paper 
containing some of the Reasons that were Offered to Her RIajesty upon that Subject. We are, 

My Lord, 

Your Lordf'* most humble Serv'^ 

Ph. Meadows 

Whitehal Rob* Moxckton 

March the SS"" 1709 Cha. Turner. 

Zonl Sunderland to Lord, Lovelace. 

[ New-York Papers, YI. No. 26. ] 

Whitehall 2S Ap" 1709 
My Lord 

Her Maj"' designing to fitt out an expedition for the reduction of Canada and Newfoundland 
according to some proposals made by Coll. Vetch, to whom Her JMajesty has given instructions 
at length, with orders to communicate them to your Lordship as also to deliver a letter from 
her Maj''' enjoining you to assist in the said expedition after the manner prescribed in the 


aforesaid instructions ; Her Maj'>' has ordered me to signifye to you her aforsaid pleasure by 
another vessel], that in case the ship which carrys Coll. \'etch should not reach you soon 
enough, or miscarry in the voyage, Her Maj'^' service may not suffer by any such delay or 
misfortune. I therefore send you the inclosed copy of Coll. Vetches instructions, to whicli her 
Majesty expects that you should shevr a ready and punctual complyance so farr forth as they 
relate to you and the government under your care. 

In case therefore that you should receive the inclosed instructions ])efore the arrival of Coll. 
Vetch it is her Ma^y^ pleasure that immediately upon the receipt of them you dispatch an expresse 
to the sev" Governours of Pensilvania and Connecticut, to meet you with all expedition at New 
York, and that you consult witii them on the most proper & effectual! metiiods for executing 
the inclosed instructions. And because it may be necessary to inform you of sev" particulars 
which Coll Vetch will give you an account of, if he arrive soon enongh. Her Maj'" is pleased 
that I should give you furtlier light into the intended expedition than what you receive from 
tiie inclosed instructions, and which will be unnecessary if Coll. Vetch arrive soon enough to 
transact this afflxir with you ; and I must signify to you her IMaj'" pleasure that you pay the 
same obedience to any directions hereafter mentioned as if they were a part of the aforesaid 

It is resolved to attack at the same time both Quebeck and Montreal, the first hy sea & the 
second over the Lake from Albany, with a body of 1500 men who are to be raised and armed, 
as you will see in the inclosed instructions. Her Majesty is now fitting out her Commander 
ClTief of the said expedition, with a squadron of ships and five Regiments of the regular 
troops, who are to he at Boston by the middle of May and there to be joined with 1200 of the 
best men of New England and Road Island. They are then to sail with all expedition to 
attack Ouebeck, being provided with Engineers, bomh vessells, and all sorts of artillery for 
such an enterprise. At the same time the 1500 men from Albany, under the command of one 
whom you shall appoint, are to make the best of their way to IMontreal, which place they are 
to attack, and if possible to reduce to Her Maj'^* obedience. 

You are to concert with the abovementioned Govern" of Pensylvania and Connecticut the 
most easy and expeditious way of providing at Albany by the middle of JMay or sooner three 
month's provisions for your respective Quotas of men ; which provisions you are to lodge in a 
large wooden store house, as you will see .in the aforesaid instructions, to which I must add 
that you are immediately to order one half of the regular Companys with as many of the 
Country troops as you shall think sufficient to cover the workmen that shall be employed on 
the said storehouse, and to guard the stores that are to be laid in it. 

In your negotiations with the Five Nations and River Indians, you are to employ such as 
you think have the most influence on them, and in particular Coll. Schyler, unlesse you have 
any objections against him, who, as her Maj'^ has been informed is very well qualifyed for her 
service & particularly known in these parts ; for which reason he is likewise thought a very 
proper person to be employed in the expedition, and to be consulted with on the best methods 
of corresponding by Indian messengers over land with the expedition which is to go by sea to 
Quebeck; with which methods you are to acquaint her Majestys Commander in Cheif by 
letters as soon as he arrives at Boston. 

You are likewise to find out some of the most sensible Indians that you can confide in, whom 
you are immediately to send both to Quebec & Montreal to bring the best accounts they can 
get of the numbers fortifications stores and provisions that are in the said places ; for which 
Vol. V. 10 


you nre to reward tliem as tliey deserve, and transmit to the Commander in Cheif of the 
Expeditions s'.ieh informations as they or any other jiersons shall he ahle to give you of the 
said places. You are also to acquaint the Command'' of the Troops which are to march from 
Albany, that he is to obey all such orders as lie shall receive from time to time from her 
Maj'" afores'^ Command'' in Cheif of the e.xpedition. 

And in case the abovenientioned 1500 men cannot make themselves masters of Montreal for 
any force of artillery, they shall endeavour to hlock them up so as to cut off all communication 
between that place & Quebeck, and if lier Majestys Troops can make themselves masters of 
Quebeck, the Commander in Cheif will with all possible e.xjiedition send a reinforcem' of the 
troops with him to assist in the reduction of Montreal. 

The paccpiet in which this goes being directed, in absence of Coll. Vetch, to your Lordship, 
as soon as it comes to your hands you are to forward with all diligence the dispatches for the 
other Governours. I am Sc'^ 


Board of Trade to the Queen on. the li'ujht of Sovereignty over the Five Nations. 

[ riunlalion GcncTal Entries, XXXVU. (D) 30S.1 

2 June 1709. 
[Extract.] In relation to New Yorke, and it's Dependences. 

Y'our Majesty's title to that Province is not disputed: But as the French have without 
any just rigbt pretended to the Soveraignty over the live Nations of Indians bordering upon 
New Yorke, We humbly beg leave to annex a deduction of your Majesty's Right and Title 
to the Soveraignty over the said Indians marked .1. As the same was prepared by the then 
Commissioners for Trade and Plantations in July lGi)7, for his late Majesty's Plenipotentiaries 
then at the Hague; and have added thereunto an Account of the proceedings between the late 
Earl of Bellomont and the French Governor of Canada upon that Subject. We have likewise 
added the Copy of a memorial from Colonel Bayard and an aflidavit of William Teller, 
transmitted by the said Earl, proving the constant subjection and depeudance of the said five 
Nations upon the Government of New York, ever since the first settlement of that Country by 
the Dutch, in or about the year 1609 or 1610, marked K, and L,' by which memorials and 
affidavits, all the pi'etentions of the French to any Right over the said Indians, seem to us to 
be fully answered and made void. 

This matter we thought of such consequence as to deserve to be laid before your Majesty 
for your Royall consideration, it being our bumble opinion that it is absolutely necessary for 
the security of the Province of New York, and the rest of your M.ajesty's Dominions in that 
part of America that the five Nations of Indians be preserved and maintained in their subjection 
to the Crown of Great Britain as formerly. 

We shall only take leave to add, that since the Lord Cornburys Government of New York, 
(as we have been informed) an agreement was concluded by his Lordship with the 
Governor of Canada, for a Neutrality between the said forementioned five Nations and the 

1 For these papers, sec preceding Volume. — Ed. 


French, and their Indians of Canada, for a Neutrality hetween the said forementioned five 
Nations and the French, and their Indians of Canada ; which has been of great prejudice to 
your Majesty's Government in New England, as will more fully appear by the foresaid paper, 
marked D, 

Mcmoriiil of the liiijht of tlte Bi'itish Croion over the iSFav-Yorh Indians. 

A memorial prepared by the Commissioners of Trade and Plantations in 101)7, 
relating to the Right of the Crown of Great Britain, to the Sovereignty 
over the five Nations of Indians bordering upon the Province of New York. 

2 June 1709 

From the first settlement of the Colony of New York (which we take to have been about 

the year 1610) the five Nations of Indians commonly known by the names of Maquoas, 

Oneydes, Cayouges, Onondagues and Seneques, possessing the Lands to the 

Westward, and North West of that Plantation, have by many acknowledgments 

submissions, leagues or agreements, been united to, or depended on that Colony 

The said five Nations being the most warlike in those parts of the world, held all their 
neighbouring Indians in a manner of Tributary subjection, they went sometimes as far as the 
South Sea, the North West Passage and Florida, to war, and extended also their conquests 
over that part of the Country now called Canada. 

The French haveing endeavoured fruitlesly to draw them into their interests by sending 
severall Missionary Priests among them (from whence they pretend to derive their Ancientest 
Title to that county, and extend it even as far as the Bay of Mexico ) did about forty years 
agoe make an attempt to reduce them by force, many of those Indians being then abroad at 
war as far as Cape Florida ; but the French were constrained by the extreamity of cold 
weather and want of Provisions, to return without effecting any thing, and escaped hardly 
from the pursuit of the Indians that were at home. 

Some time after this, a trading French man, under pretence of mending the Indians arms, 
obtained leave of those five Nations to set up a small house and a shop for that purpose, at a 
place called Cadaraqui, near the East entrance of a large lake of the same name ; and about 
the year 16S0 (according to the best account we have) the French built a Stone Fort at the 
same Place. 

The better to intercept others, and secure to themselves the Beaver Trade, the French also 
built severall other Forts, one especially more Southward and further into the Country at a 
place called Onyagra, it being the most usual and convenient pass by which the Indian Traders 
and Hunters for Beavers and Peltry in the Inland Country (westward from the European 
Plantations ) made their Road and Course to bring their furs to a market. 

In the year 16S4, upon notice that Mons' De la Barre, then Governor of Canada was come 
down to Cadaraqui, with intent to fall upon the Indians; Colonel Dungan, then Governor of 
New York, writ to him that those Indians are the King of Euglands subjects, and also sent the 


then Duke of Yorks arms to bo set up in every one of the Indians Castles as far as Oneygra, 
wiiich was accordingly done and thereupon Mens'' De la Barre retired. 

In or al)out the year 1GS5, Colonell Dungan the Governor of New York sent one Rosehoom 
an inhabitant of Albany, with ten or twelve men to invite the Ottawawas (a people on the 
back of Maryland, Virginia and Carolina) to come and Trade at Albany. 

The next year one Magregory by order and direction of tiie same Governor with a Company 
of Traders from the Colony of New York to the number of aliout GO, furnished with store of 
Goods w^Mit to trallick with the same Indians ; l)ut on the Lake near their Country, were 
surprized and overpovver'd by the French who made and kept them prisoners and confiscated 
their goods. 

Soon after, tlu- Man|" de Denonvill.', (uivernor of Canada made an incursion into the 
Countrv of tiie li\'e Nations, but tiiey being supported and assisted by tlie English of New 
York, lie relumed back with loss, having dcnu^ nothing consiilt'i'able. 

Upini this a new War broke out and those Indians made divers inroads into Canada ])loclv'd 
up the Foi't of Gnyagra and starved tiie Frencii Garrison in it; so tliat a Priest was the only 
man tliat survived, and cutting all communication between tiie French and their Fort at 
Cadaracpii ilirced tlie Garrison (about the begining of tliis present war witli France) to quit 
tliat place ; In doing which the French blew up one of the bastions, and left the rest entire, 
wliicli witli a quantity of amunition, came into the Indians possession. 

In or about tlie montli of February 16S9, tlie Frencli of Canada in the night surprized and 
took the town of >Schenectedy inhabited I>y the lOnglish, situate about 20 miles from Albany, 
put to the sword and made prisoners nmst of the inhabitants burnt the town and (after less 
than ~*4 hours possession) left it. 

In the summer of the year 1(100, some English and Indian forces met to the Nortliward of 
Albany, with intenfii.)n to fall iqxm Port L'oval or [)ai-ts of Canada adjacent, but the season of 
the year being too far past, ('aiKies foi- tlu-ir transpoi'tat ion over the Lakes could not be made; 
and they returned without doing aiiv thiiiL; : only one .lohn Schuyler commanding a partj^ of 
Indiaus went tlnm to Canada, committed some spoils there and returned. 

The next year in the summer, Peter Scliuyler then Mayor of Albany with a party of men 
went to Canada, with design to surprized a small Fort there ; But the French having advice of 
his coming, were prepared : however they cut a party of the French Indians, tliat lay near 
their works, drove them back upon several salleys they made from the Fort and in their return, 
made their way through a party of French, who lay to cut off their passage, and came back 
without any considerable loss. 

In February l()!»-2, tlie Frencli surprized one of the Maquoas Forts and took several of them 
prisoners; but on the coming of a partv, from Alljany up to them, and Colonel Fletchers 
arrival at Schenectedy, with forces from otiier parts of the Colony, after a small dispute in 
which was some loss on both sides they retired with precipitation and set most of the prisoners 
at liberty. 

In the year 1695, the French possess'd themselves of the Fort of Cadarafpii 

In 1696 the French of Canada under Count Frontenac made an incursion into the lands of 
the 5 Nations and destroy'd some of their Castles : but upon notice of Colonel Fletchers 
coming to Albany, with a Detachment, turned back to Canada. 

LIpon the Earl of Bellomonts arrival at New York in April 1G9S, one of his first cares was 
to send two Gentlemen witli letters to the Governor of Canada, acquainting him with the 
Peace, and enclosing to him the Articles thereof, at the same time his Lordship also returned 


the French prisoners that he had found in the liands of tlie English, proniissing to do the same 
with those that slioidd be found amongst our Indians, and demanding in like manner the release 
and return of all his INIajesty's sulijects both Indians and Christians that were in the hands of 
the French. * 

In answer whereunto his Lordship received an account from the Gentlemen he sent to 
Canada, that the Count de Frontenac had caused all the English prisoners there, both male 
and female, to be brought before tliem but that all of them (except two or three) refused to 
return; upon which the being reduced to insist upon the delivery of Children under 14 years 
of age; that was granted to them tiio with great reluctancy Cut as for the Indian prisoners 
of the -5 iVations the Count de Frontenac refused to deliver them pretending to have been 
already upon a Tiaty with some of those Indians themselves who had left an hostage with 
him and promissed that other De[)uties should be sent to him from the -5 Aations to conclude 
their Peace, and exchange their prisoners, wliicli he accordingly expected and would not 
therefore treat with the Earl of Bellomont or any persons deputed by him, upon that subject; 
Unto which after those Gentlemen had answer'd that the Indians with whom lie pretended to 
have Treated, were not sent, but positively disavowed by all ther Bretheien ; He then insisted 
much upon the French right to the Soveraignty over those 5 Nations and notwithstanding all 
arguments and to the contrary persisted in refusing to deliver their prisoners otherwise than to 
their own Deputies for which he said His orders were so precise that he could not recede 
from them until he had received others ; And that the two Kings had either agreed the 
difficulties that are in those matters at home or sent Commissioners to determine them upon 
the place. The Count de Frontenac himself writ to the Earl of Bellomont to the same purpose. 

Some while after this ( Viz* in the month of July 169S his Lordship went up to Albany to 
meet the 5 Nations of Indians and renew their dependance or Covenant Chain (as they are used 
to express themselves) he found them very sullen and cold being under much discontent by 
reason of their sufferings during the war, for the want of necessary succours and the loss of 
ninety four of their men taken by the French and their Indians since [they] had notice of the 
peace : But after much kindness shewn them and an extraordinary present, they made full 
expressions of their satisfaction, and promised to remain firm in their former dependance 

In the month of August 169S, his Lordship being returned to New York, received an express 
from the Onondage Indians (one of the 5 Nations) signifying that the Count de Frontenac had 
refused to deliver up some prisoners of their Nation to their own Messengers because there 
came not Deputies to him at the same time from the others sending word further to them and 
the Seneques, Cayouges and Oneydes (whom he seems to look upon as less tyed to the English 
interest than the Mohacqs) that if they did not each of them send one of their principal men 
or Sachems to Treat and conclude a peace with him at Canada in 45 days he would come 
in an hostile manner and compel them. Upon which advice the Earl of Bellomont sent the 
Mayor of Albany to a meeting of the 5 Nations at Onondage to assure them of succour in case 
they were invaded by the French and thereby to keep them steady to the English interest. 

Upon this occasion his Lordship sent also his Lieutenant Governor, with a Company of Foot 
to Albany, that he might be near at hand in case of need and at the same time he also sent an 
express to the Count de Frontenac, with a letter expostulating this matter with him, and 
setting forth the consequences of such proceedings which would oblige him to oppose force 
with force. 


Colonel Nicltohon and Cohnd Vetch to the Lords of Trade. 

[ ,\cw-T.irk Entries, 0. STll. ] 

To the R' Hoa'* The Lords Conimiss" for Trade & Plantations. 

My Lords, 

We coii'd not but judge it our Duty to acquaint Your LordP' of our safe arrival here and in 
short of the success hitherto of our Negotiation, which Your Lord? contributed so heartily 
Your endeavours for advancing; We have met with the wished for success in all Governments 
who arc concerned in the same, save those of the Jerseys and Pennsylvania the hrst of which 
has one half of its Assembly Quakers, and the latter the wliole number is almost so, whose 
pretended principles being against Fighting, they have not as yet rais'd either men or money 
for the Expedition, and indeed as their principles are iiu'onsistent with Government, so their 
practice is to Oppose all good Order, and Especially any Directions from the Crown, as we 
have but too Visibly seen at this time, for which reason we have joyned with the gentlemen of 
the Council and Assembly of the Jerseys, who are not quakers, in Representing to Her 
Majesty the necessity of giving an Instruction to Her Governors not to admit any into the 
Council or Assemblies but such as (Qualify themselves as the Act of Parliam' directs; This 
we doubt not Your Lordi" will think fltt to advise Her Majesty to do, when it comes beibre 
you, as likewise to advise Her Majesty to proper Methods with relation to Pennsylvania, who 
have wholly refused Her Majesty's Commands. And tho' we ho[)e they shall not be able to 
abstract this noble Enterprise, the Success of which we doubt not will be attended with 
such consequences as will sufficiently convince both Your Lord?^ and the Ministrjs that 
Nothing cou'd have been enterprized which cou'd have contributed so much to the honour and 
Advantage of the Crown and Subjects of Britain, than this present Expedition, which the 
Quakers have not been wanting to their power to obstruct. This we judged it our Duty with 
all submission to Your Lord?^ consummate wisdom, humbly to advise You of. Who are with 

all possible respect. 

My Lords, Your LordP' 

most devoted humble Servants 
New York P^uan. Nicholson 

June 28"^ 1709. Sam. Vetch. 

Colonel Vetch to Mr. Secretary Boyle. 

t New-York Papers, VI. No. SO. ] 

Right Honourable. 

I would not so far neglect my duty and the many obligations I ly under to you, as not to 
tender the most gratefull acknowledgments of the same to you, by those few lines you will see 
by the journall of my transactions since I landed in America, transmitted herewith to my 
Lord Sunderland, that I have at least made good all if not more than I proposed to your 
Lordship and the Ministry, though not without a vast fatigue and a great expence, which I 
doubt not your Lordship and the rest of the Ministry will be pleased to consider off which have 


wrote the Duke of Queensberry my Lord Sunderland, my Lord Treasurer, & my Lord Snmers, 
and doubt not of your justice and favour with regard to the same. I doubt not but your Lord- 
ship remembers that after your Lordship had agreed to the putting my scheme in practice for 
reduciug Canada & Newfoundland that I gave in a memoriall to the Cabinet Councel, praying 
that after the success of the affair had made the truth of my proposals and the advantages of the 
same appear, that I might be left Commander in Cheif of Canada untill the government should 
be regularly modelled, w*^"" ray Lord Sunderland was pleased to give me some assurances of, 
concerning which I wrote both to my Lord Treasurer and his Lordship from Portsmouth that 
the Generalof the expedition might have a particular instruction about the same, there appearing 
now nothing (humanly speaking) which can disappoint this noble designe the success of which 
(I am almost morally sure) will be attended with more advantageous consequences to Great 
Britains empire then the many millions have been expended in tiie European Wars (.save the 
too late arrivall of the fleet from Europe) for which we impatiently wait. I have therefore, 
in case it should have been forgot, put tiie above named Lords of the Ministry in mind of what 
they gave me reason to expect, and that in case it should have hitherto been neglected, they 
will please by the first express directly for Quebeck to send me such a Commission and 
power: have like wise proposed to my Lords Queensberry & Sunderland the forming a 
Regiment out of the Voluntiers of the country troops who go upon this expedition, whose 
knowledge in the use of Burch Canoes & Snow Shoes makes them more serviceable than our 
European troops, by much, and will in a short time discipline the others in those exercises. 
This Regiment to be left in garrison at Quibeck under my comand as Colonell, and under me 
by such other officers according to their ranks as have most signalised themselves in the 
present expedition. T have likewise proposed to their Lordships the absolute necessity of 
allowing us a Brigantine and sloop to attend that place, after reduced, as well to cruise of 
the mouth of that great River in order to give us timely notice of the appearance of any fleet 
to attack us, that so we may have time to get the troops downe to Quibeck from Montreal and 
Trois Rivers, or if need be to send them express to Old or New England to acquaint them of 
our circumstances, that so they may send us the necessarie supplys ; to the obtaining in all 
which I humbly begg your Lordships favor and assistance, which I doubt not after your 
perusal of the papers directed to my Lord Sunderland and the Duke of Dover your Lordship 
will be convinced are absolutely necessarie for the good of the service. So relying upon your 
Lordships favour and justice, wishing you all desired honour and happyuess, I am with most 
profound regard 

My Lord 

Your Lordships most devoted 

humble Serv' to comand 
New York June 2S"' 1709. Sam : Vetch. 


TluDixi.'i Hijcrhj^ JZsq.^ to tlit LorJ.s of Tnule. 

[Xfiv.Y.Tk Enlries, (i. ;!ll.\ ] 

To tlu' R* lioii''''^ tlie Lord Commiss''* for Trade and Plantations. 
I\Iy Lords, 

Tlie Loustaf and the 'I'ryton's Prize Men of War, liaving received orders to return home, I 
can not omit the Opportunity to advise Y'' LordP' of tlie great loss we have sustain'd hy the 
death of My Loi'd Lovelace the G''' of last month : lie was a ( ientleman of those (Qualifications, 
Excell' temper, and goodness, that, had he lived longer with us, he wou'd have reviv'd the 
Country from its former calamity. Col' Ingoldshy ( (ur Lieu' Cov'' succeeds in the Governm' 
and is so influenced hy My Lord Cornbury and his party, that whatever his Lord? desires is 
])ut in Execution ; and to comply with him the Lieu' GoV upon several complaints that his 
Lord'' cou'd not gett his Salary paid him from me, iipon which he issued out his writ of ne 
exeat I'roviuc. which I having notice t)f and Experienced the ill usage 1 had in Lord Cornhurys 
Administration, 1 withdi'ew myself lor fear of worse trealuicnt and soon after there came a 
]'roclamation for me to a|)])ear, which if I cou'd do it with safety I wou'd have given any 
reasonable Securitv ; Cut these gentlemen are so Biass'd hy my Lord Cornbury (whose usage 
has been uncommon) that I can have no security ol' being easy in my Office, neither can I 
Depend upon any Promises they nuike. 

Your JjordP^ cannot but be sensible that the great dillicultyes I lye under in the Disciiarge of 
my Duty, must be very Grievious to nu?, so luunhly Desire and hope Your Lord'" will consider 
the cii'ciuustances of my Case, and give me vour protection and assistance being resolv'd to do 
rny Duty and obey Your conimamls, I am. My Lords, 

Your Lord'"' 

New York most obedient lunnble Servant 

SO"" June 170v>. T. Bverly. 

Jly Lords, Your Lord'" were pleased when I had first my Patent to recommend me as one 
of Her Majesty's Council, as all my Predecessors had been, and thei'e were Directions that 
came over to My Lord Cornbury for that purpose, but he never thought fit to call me to the 
Board, which I beleive has been very prejudicial to Her Majesty's Service, and to myself, 
^Mien our other Governor comes I desire I may have Your LordP' favour for that honour. 

jl//'. Tliomas Corl'erill to Mr. Pojijyle. 

[New-Yolk Eulrifs, G. 302] 

To W"' Popple Escf 

I am to excuse myself to you that I have not written to you since my arrival here. Our 
disorder'd familly and other affairs have taken up so much of my time, that I have hardly 
thought of Old England. 

I need not Inform you that my Lord dyed here the G"" of May, having never had a well day 


in his Government, whicli I attribute wliolly to the cold & sickness he caught aboard the Man 
of War upon the Coast. One Son dyed before him and the Young Lord a fortnight after. 
Tliis bad iVews I suppose is already come to Your hands. Witli this comes My Lady who will 
want the assistance of Your Honourable Board to recommend Her Case to Her Majesty : She 
has been a very great loser in other respects, besides those already mention'd, by this Voyage. 
I dare promise my self you will do her all the good Offices in Your powder. 

I stay here behind where I shall be glad of any occasion to serve you. 

We are bigg with Expectation of good Success from the Canada Expedition, and shall raise 
in this Province ^10,000, towards the charge of it. I ca'nt say that we match the Zeal and 
Spirit of the Men of New England, Rhode Island and Connecticut ; But we have already sent 
away all our forces both Regular and Militia, whom Col' Nicholson commands in Chief; We 
have some against it but they have been outnumber'd. Interest that governs all the world, 
Tyrannises at New York. At Albany where they Trade with the French at Canada, the 
Handlers, i. e Traders are against it, the Farmers for it. 

In Jersey the Quakers in the Assembly Voted against the Bill for raising ^3000 SC" for the 
Canada Expedition, and upon the third Reading, two of the Assembly that were not Quakers 
joyned with them, thro' somebody's Instigation, to render that Assembly odious, whereby the 
Bill was lost; But the Assembly being prorogued at the Desire of the Speaker met again and 
have since past it. Those two men Voted all along for the Bill, nntill the third Reading ; I am 
told the Quakers would have absented from the House if they had known of these two JNIens 
designs, but I will not altogethe credit this Report. It may deserve the Queen's consideration, 
whether quakers shall be allowed to be chosen Assembly Men in that Province for the future. 

You will now send us a new Governor, and consequently make some new Alterations in the 
Council ; Col' de Peyster (being the Country's treasurer) will not act; There is your friend 
D' Staats who has the best Interest in this place, and is one of the honestest men, will deserve 
the Queen's favour. If he be restored to liis Place he will be near the top. 

I dare not Venture to give you other Names, ])ut my friend S"" W™ Ashhurst, if you consult 
him, can supply you. 

If you any time Desire an Account of Persons and things here, I shall very readily obey you 
when I know your mind. 

I hope to hear of the Fleet's arrival with the Forces from England, for all Trade is at a 
stand untill this Expedition is over; Colonel Vetch is gone back this week for Boston, to 
receive them. 

Do me the favour. Sir, to recommend me to the New Governor, and to believe me to be, S"" 

Your most faithful humble Serv' 

New York Thom. Cockerill. 

July 2^ 1709. 

Vol. V. 11 


LieTiienant-Governor Ingoldo'ihij to tlie Lords of Trade. 

[ New- York Enlrips, G. 372. ] 

To the R' Hon''''" The Lords Commiss" for Trade & Phintations 

My Lords. 

I embrace this Opportunity which is the first I have had to inform Your Lord?' that my 
Lord Lovelace dyed the G"' of May last, whereby the Government of this and Her Majesty's 
neighbouring Province of New Jersey devolved upon me, whom Her Majesty has been Pleased 
to appoint Lieut' Governor thereof My Lord Lovelace left the Assembly setting when he 
dyed, and it was very lucky for the carrying on this Expedition against Canada; which I hope 
will be attended with the Success I wish, and I have no cause to doubt it. I herewith transmit 
to Your Lordi'" several Acts of Assembly of this Province, some past by my Lord Corubury 
and some by my self, the titles whereof follow. [Titles omi/!rJ.'j 

There is one Act among these which I ca'nt but take some particular notice of; It is the 
Act for regulating and Establishing Fees ; which was Iramed wholly by the Assembly who 
seemed to be very fond of it ; Several of the Council when it came up to them were of my 
opinion it required many considerable Amendments, yet the part this province is to perform in 
the aforesaid Expedition against Canada, being at that time before the Assembly for their 
Assistance therein, those of the Councill who thought the bill Required those Amendments, 
conceived it was not proper at that time to attempt it, least it might impede those other 
weightyer allairs ; Whereupon they past it, and Desired me to give my assent to it, for the 
same reasons ; I am sensible there was Reason for Moderating the Fees in some Instances, but 
I think the Assembly have run into Extravagancies far greater on the other hand, of which I 
am since by daily experience convinced, for the lawyers have Declined their practice in every 
Court, and the Officers wou'd likewise quit their Emplo3's, but their duty obliges them to wait 
Her Majesty's Commands, and that they are in hopes they shall be releived from the hardships 
which they suffer from this Act; Another reason for my passing this Act is, an other of the 
aforesaid Acts now transmitted to Your Lordi"' and past by my Lord Cornbury in October last, 
Entituled, An Act to releive this Colony from divers irregularities and Extortions which is so 
unintelligible that it rendred it doubttUll whether any Fees cou'd be taken, 'till some other 
Act were passed for settling the same. If Your LordP' upon tl*e consideration of the aforesaid 
Act for establishing Fees shou'd represent it to Her Majesty as necessary to be rejected, I pray 
Your Lord'" consider at the same time whether it may not be proper that the other Act be 
likewise Rejected, to remove the Doubts mentioned to have arisen thereon, And as to that 
clause giving power to the People to elect their Coroners if Her Majesty shou'd think it 
reasonable, her signification thereof to Her Governor will I presume be sufficient. And as to the 
Establishing of Fees 1 humbly recommend it to Your LordP' consideration and Directions, that 
Offices may be capable of maintaining Gentlemen of L'nderstanding and Probity suitable to the 
nature and quality of each office, without being Dependant on the humour of the Country, and 
ihat the practicers of the Law may have an Encouragement to proceed as near as may be in 
the order and method used in England, and not Oretenus, as in some of Her Majesty's 
Plantations in the West Indies, and that they may thereby have a maintenance suitable to the 
Education and Profession. 

The Revenue of this Province Expired the IS"" day of May last, and I fear the Assembly 
will be hardly brought to give it again, I mean as they shou'd, and hitherto have done to the 


Queen to be Disposed of as she shall think fit, whereby Her Majesty might Reward Her 
Servants as they Deserve ; But instead of that the Assembly are now taking npon tliem to 
appropriate what they give for the support of Government : I doubt if it be permitted to go 
on those officers that are now the Queen's will soon become the Creatures and Servants of the 
people ; It's very well known that this Province has, ever since it has been under the Crown, 
supported the Government handsomly and as they ought, without oppression to any or 
impoverishing the place, and they are still as able to do it, as ever; It's true there has been of 
late years some ill Rlanagem' with Respect to the Revenue and the expences of the 
Government, whereby a considerable Debt has been contracted ; but if prudence and 
Moderation be used in those things, or some Directions given relating thereto, there need be no 
apprehensions of the like for the future: at present officers are very precarious, some of them 
are like to have no salary allowed them by the Assembly, and almost all the rest so much 
reduced, that it's scarce worth accepting. 'Twas the Assembly of New Jersey that first began 
to appropriate what they gave for the support of Government, and I have been forced to accept 
of what the Assembly wou'd give here on these terms, rather than lett all the Officers starve. 
And that is only the Excise, no other Money being yet given for the support of Government ; 
And this is not yet appropriated, but Provided to be disposed of by Act of Assembly; I hope 
it will not be drawn into precedent, but that Her Majesty will take such Ett'ectual Methods to 
have a Revenue settled on a sure foundation, that Officers may without fear. Discharge their 
Duty, and Intend the Queen's Interest. 

The only standing Revenue the Queen has in this Province is Quit Rents, and they are so 
much conceal'd, that very little comes into the Treasury, nor is it practicable to make a Rent 
Roll whereby they may be collected yearly, other than by a law to be made particularly for 
that purpose ; for I am very well informed that when the Dutch took this place from us, 
Several Books of Records of Patents and other things were then lost; And how little an 
Assembly will favour such a Bill is much to be doubted from their Intrest ; I wish Your 
LordP' would give me Your Directions herein, that I might apply myself to bring this matter 
to a clearer sight than it has yet been in. 

I am informed that the Minister of this Place is attempting to obtain from Her INIajesty an 
allowance of twenty six pounds a year out of the Quit Rents, for his House Rent, as also the 
payment of some arrears occasioned in common with others by the anticipating and over 
charging the Revenue out which this used to be paid; It was given in the Infancy of the 
Church, when the congregation were not able to bear the Expence, and was a very pious Act, 
and has contributed very much to the Increase of it, which is now so flourishing that their 
Minister has a very handsome Salary of one hundred and sixty pounds p"" annum, besides his 
Perquisites. And the Church has now in bank as I am informed, seven or Eight hundred 
pounds; I hope Her Majesty will think of some other way of pfiying this Arrear and house 
Rent ; for besides the ill Example it will be, to appropriate the remainder of it to particular 
uses, it will deprive the Government of all manner of means to provide for several unavoydable 
Exigencies, this being the only mony it can command. On these Occasions I cannot omit 
acquainting Your Lordi" that tho' by my Lord Lovelace's directions, the Act of Parliament for 
the ascertaining the rates of Foreign Coins in Her Majesty's Plantations in America, was 
published in this Province, and in New Jersey yett the people of either Province pay no 
obedience thereto ; Nay the Assemblies take upon them thus far to make the Act of no 
signification, that they will pass no bill for mony, but to be paid at the Value it was, before 
the said Act took place. Indeed M"" Cockrill who pays the forces here, has paid them 


according to that Act eversince tlie first of May, and the piiblick Officers conform to it, but 
nobody else do's, that 1 hear of, I Pray Your Lord'" Directions lierein, whether I shall cause 
the Attorney general to ))referr an Information or Indictment against one or two persons, and 
try if that will bring tJu^ People to the Necessary obedience of the aforesaid Act ; or what 
other measures I shall take, 1 pray Your Lord?' to give me leave to Inform you, that the Queen 
by Her Instructions to the Governor, commands him to furnish Her Ships of War with riien, 
upon application from the Captains; The Captain of the Kingsale and Maidstone, which 
came with my Lord Lovelace have applied to me for men. I was willing to supply them, but 
yet I doubted my hands were tied up from Impressing by the Act of Parliament, Entituled, 
An Act for the Encouragement of the Trade to America; Yet I was unwilling to rely 
Altogether on my Own judgment, and tlierefore Referred it to the Chief Justice and the 
Attorny General lor their ()]iinion thereon, who have severally given it me; a Copy whereof 
I now send Youi- Ijord'" the Disagreement there is in those Opinions, obliged me to take the 
Advice of the Council thereon, who have given it, as Yom- Lordi" may perceive liy a ''opy 
of the iMinute of Council herewith likewise sent. I pray Your Lord^^ that I may have some 
further Directions herein, or that some other method nuiy be taken to man the Queen's Ships. 

I am just now honoured with Your LordP* letter, wherein was Her Majesty's Disapprobation 
of the Act of Assembly of this Province, for the Corruption of the Current Coin, which I 
have made public, and I shall use my utmost Endeavours to have the aforesaid Act. of 
Parliament for ascertaining tlie rates of Foreign Coins Obey'd, nor do I see now what pretence 
the People can have not to coniply therewith. 

I have given the Attorny General leave to go for England upon his request, and his 
representing to me the necessity of it: he can witness to Your Lordf" what an unwillingness 
Assemblies here liave to give a Revenue suitable to the exigencies of the Government, tho' 
many years experienc*' lias convinced the considerate and best part of Mankind, tliat the 
Revenue as it hitherto has been rais'd has been exceeding Kasy to tlu- Province. One principal 
Motive for the Attorny General's going is that the Asstunbly have not thought convenient to 
give him tiie Salary which his Predecessors had; And they are going the same way to work 
with the rest of the Ofhcers of wliich I pray Your Lordship's consideration, that this budding 
E\il may be prevented from growing greater. 

[n my last to Your Lord''" from Perth Aniboy, I sent Your Lord''" an account of what then 
occurred both in the Council and Assembly to that tinu' ; I have only to add that our 
Assembly mett according to the Appointment: and have, as Vour Lord'"* will see by the 
Minutes of tlouncil herewith sent you, passed an Act for Raising ^3000 for the present service 
and Expedition against Canada, an other for the Intbrcing the Currency of Bills of Credits lor 
^3000, and an other for the Incouragement of Voluntiers. I have only to observe to Your 
Lord''* that they passed the House of Representatives with great difficulty, all the Quakers in 
the house voting against the Bills; which is a further Confirmation of the Representation sent 
to Her Majesty from my self and the Gentlemen of the Council, in which Col. Nicholson and 
Col' Vetch have joyned with us. 

I hope Your LordP' will excuse me for not sending the Acts past in New Jersey. The 
Secretary not having as yet sent 'em me. I shall transmit them Your Lordi?' y' very next 


I am with all due respects. My Lords, 

New York Your Lordi" most obedient humble Servant 

o"" July 1709 Rich. Ingoldsby. 



Exammation and latSigence of mme Indians. 

■ • [ Kew-Tork Paiicrs, y. z. Z. 45. ] 

At a meeting of the Comn.^' for .nanaging the Inaian. Affairs in Albany the 21. of June 1709. 

Present — Coll. K V. Renselaer J- ^^^eel 

Ev' Banker . H. Hansen. 

Examination of Wagrasshse & Canawanegoe that were sent by Coll. K. 
V. Renselaer & M^ Rob' Livingstone spyes to Canada, 
^av V when they sett out from Schaennechtada they came unto the French praying Indian 
Ca! le of C chnt'ge in Canada, the 7.- day where they Indians asked what there busmess 
wa they replyed U.ev came to fetch bev^^ w- they had there ; the next mornmg by ord^ of 
; Gov of M^ntroyall were carryed thither, who also askt what brought tl,en, there and how 
all was at Albany ; they reply'd that all was well and in quietness. 

\fterwe lefttVe Gov^ of Canada, went according to our directions to v,ew what quanta 
of tt tT ns he was in that place ; we first saw two patarrores before the Gov^^ house .. 

/locvvpd US to return l>v way of Cadarachqua River. 

is ! I qnaMi y of people in Montro/all found no more than at other times, that rs, many 
ofitrs but few so ddiers, the stockadoes round the town we perceived many decay d. 

lound u!;S is eillarg'd over the Creek at w- place the Bostoners stopt when they attackt it, 
there is a considerable quantity of boums & three mortors. 

t e & being convein'i he askt us if we were going home; we answer'd, yes; then s h , 

party is comanded by one Romvick a son of Mons Aite , tiiey are chimblv in 

healof New EnglanI river at a place called Oneyade; alter y' we travel ^ - ^Chambly n 
order to proceed in our journey home. We were evertaken agam by a messan.ei 


Gov"" of Canada, wlio desired us back again ; on \V'' we return'd baelc to Montroyall and went 
to the Gov'' who sayd he was glad we were come back, and dt^sired lis to tarry a lew days to 
take good news along to Quider, & expected letters inmi (juebeck every hour, where a vessell 
was arrived from France and had brought that news, but he had not yet any letters relateing 
to the same, but expected liourly ; whereupon we tarryed one day, then told him we were 
going home. He sayed, since you will not stay, tell Quider that assoon as my letters come 
from Quebeck with peace, shall emniediately send him an express, altho' I believe by this time 
he will have an account thereof by way of N; York, so that I beleeve the expresses will meet 
together by the way 

Examination of IMatanas one of the three that were sent to Canada by Coll K 
y. lieiiselaer & M"" Rob' Livingstone and it'turn'd here tliis day, haveing 
b(>en N days by the way from Chand)ly. 

Says that in his going thither he was nine days by the way 1o Chaiiibly, where he found 
40 Mohags from Caclmawage and other Indians w'^'' he knew not. 'I'here lie was taken up to 
be one of them that had kild theii's in the Lake & Chambly Kiver and was detained there on 
that ace' three days. Savs that the Stockadoes round the fort of Chambly are all rotten & 
propt up with cross peeces of timber to hold them up ; therein is also six great gunns including 
pattares; all the men in't and inhabitants round it are not above 30 in number. From thence 
he went down to ."^orrid where lu^ lieleeves all & all is not above 40 men. 'I'hen he went to 
an Indian Castle a litle from thence call'd Adgecantehook, where the Preist bid him welcome ; 
there he saw two litle patarrares & ibund provision very scarce ; that castle consists of ab' 170 
men when all at liome ; many of them were not yett come from Beaver hunting. After ten 
days stay to give no sus])icion, he resolved to goe to Troy River, with an intention to goe to 
Quebeck, but the Preist takeing him to be a spye would not allow him to take his gu.nn Sc" 
with him, but gave leave to goe to see the place only; w'^'' put a stop to his intended proceedings. 
After he came to Troy River he found it be a town like Schaennectady, w'^'^ consists ab' 40 
familys, has a fort wherein is with great guns & patarrares about the number of thirty, the 
stockadoes rotten & decay'd. He likewise meet an Indian a frind of his come there from 
Quebeck, by whom he understood tliat the stone wall round Quebeck was compleatly finish'd, 
being built out over the Ci'eek where the Bostoniers made their attack and that there was 5G 
great guns planted round the inside of the Citty & upwards of twenty mortors. Has further 
understood that some Indians are gone out a fighting towards the North west: and so returned 

Intelligence given by an Indian call'd Ticonnondadiha deserted from a French 
party gone to N. England : 

Says that it is now 24 days ago since that party went out from Canada, w''' he left 
three days ago at the head of the Otter Creek at a place called Oneyade ; and to goe over a 
long carrying place before they come to the N. England River. This party consists of ISO 
men, 40 Christians & 140 Indians; they are designed for Dearfeild and intended to post 
themselfes near the fort and then send out a skulking party to draw out the English, thinking 

' By one Rouville, son of M. Hertel. C'harlcimx. — Ed. 


liy tliat means to take tlie»place. That by another Indian come latter from Canada, confirms 
that tliis party is out, and that two A. England captives deserted from thence 1-i dayes ago. 
Albany 22'" June 1709. 

Hereupon the Com" for the Indian affairs have sent Dan' Ketelhuyn expresse 
with a letter to Coll. Partridge to give an ace* thereof. 

(Indorsed) "Referred to in Colonel Ingoldesby's 

" Ire of 5. July 1709. 

"ReC^ 20 August ^ „ 

"Read 30 d° "^'"^ ' 

Report of Board of Trade ve-s-peeding the Palatines. 

[ New-York Entries, G. 3ST.] /• 't--' 

To the R' Honourable The L"" High Treasurer of Great Britain. 
My Lord, 

In case the Proposal we laid before Your Lord? this day relating to the settling the Palatines 
at Jamaica be not approved, Tho we do not at present foresee any Objections but what may 
arise from the greatness of the Ciiarge ( which nevertheless we have lessned all we can) or if 
it shall not be thought Convenient to settle the whole number of the poor Palatines on the 
Island of Jamaica, We offer to Your Lord?" consideration. 

That such of them as shall not otherwise be disposed of may conveniently be settled upon 
Hudson's River in the Province of New York, where Her Majesty has very large Tracts of 
Waste Lands. In order whereunto 

We further propose that they be transported thither at Her Majesty's charge, which for so 
great a number, partly made up of small children may, as we are informed, be done at between 
three and four pound a head, one with another. 

That they be supplied here with all necessary tools for Husbandry, and with Nails & Hinges 
and other Iron Work for building their Timber houses, to enable them to begin and make 
settlements; which Emptions may be computed at forty shillings p"' head, as in the Case of the 
Poor Palatines and to the same place the last year. 

That the Gov"" or Commander ia Chief of the said Province be Directed upon their arrival 
there, to grant unto every one of them, under the Seal of that province, without fee or reward 
the usual and like number of Acres as was granted or Directed to be granted to Every one of 
the Palatines lately sent thither, to have and to hold the same unto them and their heirs 
forever, upon the like terms and under the like conditions and Covenants for settling and 
Cultivating the said Lands, as the other Palatines already settled there are subject and 
lyable unto. 

But as these People are very necessitous they will not be able to subsist there, till they can 
reap the fruit of their labour (which will not be 'till after one year) unless assisted by Her 
Majesty's Bounty ; for we doubt there is little Relief to be expected from the Inhabitants 


of'tliat Province, luuler its present rircunistances ; nnd tlieretbre these poor people nuist Depend 
on Her Maj'-** Itoyal Bounty for their >Subsistance for one Year after their Arrival in l\e\v York, 
which charge may be com[)ute(l at about five ])ound j)'' iiead. 

P'urther we propose that before their Departure they may be made Denizens of this 
Kingdom, that tliey may enjoy all the Privileges and Advantages as are Enjoyed by the 
present Inhabitants of New York, accruing thereby. 

It may be objected that shou'd these people be settled on tiie Continent of America, they 
will fall upon Woollen and otiier Manufacturies to the prejudice of the Manufactures of this 
Kingdom now consunu'd in tliese Parts. To this we answer tliat the Province of New York 
being under Her Majesty's immediate Government, such mischievous practice may be 
discouraged and cliecfpu'd much easier than under any Proprietary Governments on the said 
Continent, as has i)een found by experience; and as a furtlier provision against any such 
practice, a clause may be inserted in the several I'atinits so to be passed to the said Palatines 
declaring the same to be void, if such Patentee shall apply himself to the making the Woollen 
or such like Manafiictures. 

If it be though advisable that these poor people or any nuudier of them be settled on the 
Continent of America, We ai'e of oinnion tliat sucli settlement, especially ii' made at Her 
Majesty's charge shou'd be in I'rovinces under Her Majesty immediate Government, and we 
know no jtlace so pro|ier as Hudson's River on the Frontier of New Y'ork, Whereby they will 
be a good barrier between Her Majesty's Subjects and the French & their Indians in those 
parts, and in process of time by intermarrying witli the neighbouring Indians (as the French 
do) they may be Capable of rendring very great. Service to Her Majesty's Subjects there; aiul 
not only very much i)ronu)te the Fur Trade, but likt>wise the increase of Naval Stores, which 
may be produced in great plenty at New York, wherein AF Bridger Her Majesty's Surveyor of 
tlie Woods on that Continent may be Directed to instruct them. 

Lastly we take leave to Observe to Y'our Lord^ that in Virginia and some other parts of the 
said Continent, where the Air is clear and healthhdl, wild Vines do naturalh^ grow and artbrd 
plenty of Grapes, which if cultivated and improved by husbandry wou'd produce good wines. 
Wherefore if some of these Palatines who are Vine Dressers were settled there, and imployed 
in that sort of Husbandry, a new proffitable Trade might be Introduced to the Benefit of this 

We are, ftly Lord, Y" Lordi'"* most humble Servants 

J. Smith 

Whitehal Ph. Meadows 

August the SO"" 1709. J. Pulteney. 


Representation of the Board of Trade to the Queen. 

[New-Tork Entries, G. 39S. ] 

To the Queen's most Excel' Majesty. 

]\Iay it please Your Majesty 

We have received letters from Col' Ingolclesby Your Majesty's Lieu' Gov'' of New Jersey 
informing us that upon the death of the Lord Lovelace Your jNIa'-^'* late (iov"' of New York he 
had taken upon him the government of that Province, stiling himself Your Majesty's Lieu' 
Gov'' thereof, and as we beleived he had not title to that Gov' we looked back into our Books, 
and find that he had a Commission from Your Majesty to be Lieu' Gov'' of New York. But 
upon a Representation of Your INLijesty's Commiss" of Trade & Plantations Dated the S"" of 
April 170G, setting forth the Inconveniences of the said Ingoldesby's being Lieut' Gov'' of New 
York, Your Majesty was pleased, by Your order in Council of the 11"" of the said month, to 
direct S'' Charles Hedges then Sec"'^ of State to prepare a Warr' for Your Majesty's Royal 
Signature Revoking the said Ingoldesby's Commission for that Province ; and the said 
Commissioners liaving been Desired by S'' Charles Hedges to prepare the Draught of such a 
Warrant, the same was prepared by them, and sent to him the ai"" of the said April But it 
not appearing by the Books in the office of Your Majesty's Secry of State whether the said 
Warrant was signed by Your Majesty and sent or no. We thought it Our Duty to lay this 
matter before Your Majesty, and to forbear transacting with him, under the character of Lieut' 
Gov"" of New York, till we shall Receive Your Majesty's pleasure thereupon. 

Which is most humbly submitted 

J. Smith 

Whitehal Ph. Meadows 

Septemb'' the 2^ 1709 Jn" Pultexey 

Lady Lovelace to the Lords of Trade. 

[ New-York Entries, G. 899. ] 

To the hon'''' the Lords of Trade and Plantations 
My Lords. 

During my Dear Lord's Illness he committed several papers to my care, telling me they 
must be sent to England by the first opportunity, to AP Gough, to be Deliver'd to Lord 
Sunderland, his Lord? having writ for them. And soon after the dismal death of my Dear 
Husband, and Eldest son, in the midst of my afflictions (which were and are the most 
sorrowfull that ever befell a poor Woman) Col. Ingoldesby came to me, and Demanded the 
Papers I had in my hands ; I told him they were sent for by Lord Sunderland Secry of State 
and shew'd him his Lord?^ lett^ he told me he did not value Lord Sunderland's lett', 'twas 
nothing to him, and in very ruff and threatuing terms told me that I shou'd not stir from New 
Vol. V. 12 


York, 'till I had given him the said papers; Botli my self & friends told liim I shou'd 
complain of his severe usage when I came to England, he ansvver'd he valued it not, and that 
England was at a great Distance, and he well knew when another Gov'' came over, he shou'd 
he removed : but notwithstanding his Hectoring me, 1 did at midnight get the trunk of Papers 
and myself on Ship board, and so prevented my confinement. But I much fear he will treat 
M'" Cockerill (who was secretary to my Lord) \ery roughly, because he assisted in my escape 
of the papers; Also Captain Symons belonging to one of the Companies in a very bullying 
manner wou'd not let nie Remove several things that we put into the Fort and paid for. 

I doubt not my Lords, but my dejjlorable conilition will be commisserated by Her Majesty, 
as well as pityed by Your Lord''^ ; The damage our goods received by Sea was very great, 
the Expence in repairing tlie House at New York, the Expence of my Dear Lord's Illness, 
from the time of our arrivall 'till his Death, also of two children, and their Funerals, and the 
Expences of our voyages amount to above ^2000 more than my Lord received there, which 
was not above ^400. — My Lords, I humbly begg Your LordP'* Pardon for this, and leave to 
subscribe myself, 

Your Lordf'^ most humble Servant 


September S'' 1709 

Order revolviiuj Colonel I/ie/ohlt-sli/s' Coiiuiii-s^sion as Lieutenant Governor of JSfeai- Yuri:.. 

At the Court at Windsor, the S"" of September 1709. 

Present — The Queen's jiost Excellent Majesty in Councill. 

Upon Heading tliis D;iyat the Board a Representation from the Lords Commission" of Trade 
& Plantations, setting forth that by Letters from Colonel Ingoldesby, they are informed that 
since tlie death of the Lord Lovelace, Her Majesty's late Governor of New York he iiad taken 
upon him the said Government, and the said Lords Commissioners taking notice that upon a 
former Representation from the Board in 170(3, Her Majesty had been pleased to Direct that 
the Commission for Colonel Ingoldsby to be Lieutenant Governour of New York shou'd be 
Revoked; But that it does not appear whether any such Revocation had been sent to him. 
Her Majesty in Councill taking the same into consideration, is pleased to order that the 
Commission for constituting the said Colonel Ingoldsby Lieutenant Governour of New York be 
Revoked, and the R' Hon''''' tlie Earl of Sunderland, Her Majesty's Principall Secretary of 
State, is to cause a Warrant to be prepared for Her Majesty's Royal Signature accordingly 

John Povey. 


Bevocatioii of Colonel Ingoldeshy's Comission as Lleutenwit Governor of ^ 


[New-York Entries, G. 4;34. ] 

Anne R 
Trusty and Well beloved We greet you Well, Whereas by our Commission bearing date 
at S' James', the Six & twentieth day of November in the first Year of our We were 
pleased to constitute and appoint you our Lieutenant Governor of our Province of New lo k 
and the Territories depending thereon in America to liave hold exercise and enjoy the said 
office or place of our Lieutenant Governour there, for and during our pleasure and whereas for 
certain causes and considerations us thereunto moving. We have thought fitt to Determine 
Annul! and Revoke^ our Commission granted unto You in that Behalf as aforesaid, and all and 
singular the matters, clauses, powers, and authorities therein contained ; Our Will and pleasure 
is that upon the Receipt hereof, you do immediately as you will answer the contrary at your 
perill, quit the aforesaid office or Place of our Lieu« Governour of our said Province of New 
York, and that you do thenceforth forbear to put in Execution any of the Clauses, Powers 
and Authorities therein contained, which we hereby Declare to be null and void from the time 
of Your Receipt of these Presents. And so we bid you farewell. Given at our Castle of 
Windsor, the Seventeenth Day of September 1709. In the Eight year of our Reign. 

By her Majesty's Command 


Mori of Sunderland to the Board of Trade. 

[ New-York Entries, G. 403. ] 

To the R' Hon''''^ The Lords Commiss" for Trade & Plantations. 

Mv Lords and Gentlemen , , , t j t i ^ 

The Queen having thought fit to appoint Col' Rob' Hunter to succeed the late Lord Lovelace 
in the Governments of New York and New Jersey, I Desire yon will, as usua prepare the 
Draughts of such Commissions and Instructions as you shall think necessary on this Occasion. 
I am My Lords and Gentlemen. ^,^^^ ^^^^^^ ^^^^^^^^ g^^^,^,^^ 


September g"- 1709 

> "As we do by these Presents determine Annul and Revoke" N.w-York Council Minutes. X., 481.-Ed. 


Tlie Board of Trade to the Earl of Sunderland, vjitJi Draft of Colonel JIunter''6' 


[ Kew-Tork Entries, G. 404.] 

To the Right Honour"^ Tlie Earl of Sunderland. 

My Lord. 

In obedience to Her Majesty's Commands signifyed to lis by Your Lord?' letter of the 9"" 
Instant, We here inclose the Draughts of Commissions ibr Col' Hunter, for the Governm" of 
New York and New Jersey, whicli are in the usual form. And we are preparing the Necessary 
Instructions with all possible Dispatch. We are. 

My Lord, 

Your LordP'' most humble Servants 
Whitehal Ph. Meadows 

September 15"' 1709 Jk" Pulteney. 

Commission for Robert Hunter Esq"' to be Her Majesty's Captain General and 
Gov"^ in Chief of her ftlajesty's Province of New York, and the Territories 
Depending thereon in America. 

Anne by the grace of God, of Great Britain France and Ireland Queen Defender of the 
Faith &" To Our Trusty and Well Beloved Robert Hunter Esq. Greeting. We reposing 
especial trust and confidence in the prudence courage and loyalty of you the said Rob' Hunter 
our especial grace, certain knowledge & meer motion have thought fit to constitute & appoint, 
and by these Presents Do Constitute & Appoint you the said Robert Hunter to be our Capt. 
General and Gov'' in Chief in and over Our Province of New York, and the territories 
depending thereon in America. And we do hereby require and command 3'ou to do and 
execute all things in due manner, that shall belong unto Your said command, and the trust we 
have reposed in You, according to the several powers and Directions granted or appointed you 
by this present Commission, and the Instructions and Authorities herewith given you ; or by 
such further Powers, Instructions and Authorities as shall at any time hereafter be granted or 
appointed you under our Signet and Sign Manual, or by Our Order in Our Privy Council & 
according to such reasonable laws and Statutes as now are in force, or hei-eafter shall be made 
and Agreed upon by You, with the Advice and consent of Our Council and the Assembly of 
Our said Province under your Government, in such manner and form as is hereafter expressed. 

And our will and pleasure is that you the said Robert Hunter (after the publication of these 
our Letters Patents) do in the first place take the Oaths appointed by Act of Parliament to be 
taken, instead of the Oaths of Allegiance and Supremacy ; and the Oath mention'd in an Act 
entituled, "An Act to declare the Alteration in the Oath appointed to be taken by the Act 
entituled, an Act for the further Security of his Majesty's person, and the Succession of the 
Crown in the Protestant Line, and for Extinguishing the hopes of the pretended Prince of 
Wales, and all other Pretenders, and their open & secret Abettors, and for Declaring the 
Association to be Determin'd". As also that You make and Subscribe the Declaration 
mention'd in an Act of Parliament made in the 25"" year of the Reign of King Charles the 


Second, Entituled " An Act for preventing Dangers which may happen from Popish 
Recusants", and lilvewise that you take the usual Oath for the due execution of the Office and 
Trust of our Captain Gen' and Go'V in Chief, in and Over our said Province of New York and 
the Territories depending thereon, for the due and Impartial Administration of Justice. And 
further that you take the Oath required to be taken hy Gov" of Plantations to do their utmost 
that the several Laws relating to Trade and the Plantations be observed ; Which said Oaths 
and Declaration Our Council in Our said Province, or any three of the Members thereof, have 
hereby full Power and Authority and are [hereby] required to tender and administer unto you, 
and in Your Absence, to our Lieut' Governor if there be any upon the Place ; All which being 
Duly performed you shall administer unto each of the members of Our said Council, as also to 
our Lieu' Gov"" if there be any upon the place, the Oaths appointed by law to be taken instead 
of the Oaths of Allegiance & Supremacy, and the Oath mention'd in the said Act Entituled, 
"An Act to Declare the Alteration in tiie Oath appointed by the Act, entituled, An Act for 
the further Security of His INLnjesty's person, and the Succession of the Crown in the 
Protestant line, and for Extinguishing the hopes of the pretended Prince of Wales, and all 
other Pretenders, and [their open and Secret Abettors and] for declaring the Association to be 
Determined ; As also to cause them to make and Subscribe the Aforemention'd Declaration, 
and to Administer to them the Oath for the due Execution of their places and trusts. 

And we do hereby Give and Grant unto You full power and Authority to suspend any of 
the Members of our said Council from sitting, voting and assisting therein, if you shall fuid 
just cause for so doing. 

And if it shall at any time happen that by Death, Departure out of our said Province, 
Suspension of any of our said Councillors, or otherwise, there sliall be a Vacancy in Our said 
Council (any three whereof we do hereby appoint to be a quorum) Our Will and pleasure is 
that you signify the same U7ito us by tlie first Opportunity, that we may under our Signet and 
Sign Manual, constitute and appoint others in their stead. 

But that Our Affairs at that Distance may not suffer for want of a due number of 
Counsellors, if ever it shall happen that there be less than Seven of them residing in our said 
Province, We do hereby give and grant unto you the said Robert Hunter full power and 
Authority, to choose as many persons out of the principal freeholders Inhabitants thereof as 
will make up the full number of our said Council to be seven and no more ; which Persons so 
chosen and Appointed by you shall be to all Intents & purposes Counsellors in our said 
Province, untill either they shall be confirmed by us, or that by the Nomination of Others by 
us, under our sign Manual and Signet our said Council shall have seven or more persons in it. 

And we do hereby Give and Grant unto you full power and Authority with the Advice and 
consent of Our said Council, from time to time, as need shall require to summon and call 
general Assemblies of the said Freeholders and Planters within Your Government according 
to the usage of our Province of New York. 

Our Will and pleasure is, that the persons thereupon duly Elected by the Major part of 
the Freeholders of the respective Counties and places, and so returned, shall before their 
sitting take the Oaths appointed by Act of Parhament to be taken instead of the Oaths of 
Allegiance and Supremacy, And the Oath mention'd in the foresaid Act Entituled "An Act to 
Declare the Alteration in the Oath appointed to be taken by the Act entituled. An Act for the 
further Security of His Majesty's person, and the Succession of the Crown in the Protestant 
Line, and for extinguishing the hopes of the pretended Prince of Wales, and all other 


Pretenders, and their open and secret Abettors, and for Declaring the Association to be 
Determined;" As also to make and Subscribe the fore mentioned Declaration (which Oaths 
and Declaration you shall commissionate fit persons under our Seal of New York to tender 
and Administer unto them, and until! the same shall be so taken and subscribed, no person 
shall be capable of sitting tho elected ; And we do hereby declare that the persons so 
Elected and Qualified shall be called & deemed the general Assembly of that Our Province 
and Territories Depending thereon. 

And that You the said Robert Hunter with the Consent of our said Council and Assembly, 
or the Major part of them respectively shall liave full power and Authority to make constitute 
and Ordain laws, Statutes and Ordinances for the public peace, welfare and good government 
of our said Province and of the })eople and inhabitants thereof, and such others as shall resort 
thereto, and (or the benefit of us our heirs and successors, which said Laws, Statutes and 
Ordinances are not to be Repugnant, but as near as may be agreeable to the Laws and 
Statutes of this our Kingdom of Great Britain. 

Provided that all such Laws, Statutes and Ordinances, of what Nature or Duration soever, 
be within three mouths or sooner, After the Making thereof, transmitted unto us, nnder our 
Seal of New York, for Our Approbation or Disallowance of the same ; As also the Duplicates 
thereof be the next conveyance. 

And in Case all or any of the said Laws, Statutes and Ordinances, not before confirmed by 
us, shall at any time be Disallowed and not approved, and so signif}'ed by n.s. Our Heirs or 
Successors, nnder Our or their Sign Manual and Signet, or by Order of our or their Privy 
Council, unto you the said Rol)ert Hunter, or to tlie Commander in Chief of Our said 
Province for the time being, then such and so many of the said Laws, Statutes and Ordinances 
as shall be so Disallowed and not Approved shall from thence forth cease, determine and 
become utterly voyd and of none efiect, any thing to the contrary thereof notwithstanding. 

And to the end that nothing may be passed or done by our said Council or Assembly to the 
prejudice of us, our heirs and Successors, We Will and Ordain that you the said Robert 
Hunter shall have and Enjoy a Negative Voyce in the making and passing of all laws. 
Statutes and Ordinances as aforesaid. 

And you shall and may likewise from time to time as yon shall judge it necessary. Adjourn 
prorogue and Dissolve all General Assemblies as aforesaid. 

Our further Will and Pleasure is tiiat you shall and may keep and use the public 
Seal our Province of New York, for sealing all things whatsoever that pass the great seal of 
Our said Province under your Government. 

We do further give and grant unto you, the said Robert Hunter, full power and Authority 
from time to time, and at any time hereafter by Yourself or by any other to be Authorised by 
you in that behalf, to Administer and give the Oaths appointed by Act of Parliament to be 
taken, instead of the Oaths of Allegiance and Supremacy, to all and every such person or 
persons as you shall think fit who shall at any time or times pass into our said Province, or 
shall be resident or abiding there. 

And we do by these Presents give and grant unto you the said Robert Hunter (nil power 
and Authority, with the advice and consent of our said Council, to erect, constitute and 
establish such and so many Courts of Judicature and Public justice within Our said Province, 
and the Territories under Your Government, as you and they shall think fit and necessary, for 
the hearing and Determining of all causes, as well criminal as civil, according to law and 
equity, and for awarding of Execution thereupon, with all reasonable and necessary powers, 


Authorities, Fees and Priviledges belonging thereunto ; As also to Appoint and Commissionate 
fit persons in the several Parts of Your Government, to administer the Oaths appointed by 
Act of Parliament to be taken, instead of the Oaths of Allegiance and Supremacy, and the 
Oath mentioned in the aforesaid Act Entituled, "An Act to Declare the alteration in the Oath 
appointed to be taken by the Act entituled An Act for the further Security of His Majesty's 
person, and the Succession of the Crown in the Protestant line, and for extinguishing the 
hopes of the pretended Prince of Wales and all other Pretenders, and their open and Secret 
Abettors, and for Declaring the Association to be determined ; As also to tender and 
Administer the foresaid Declaration unto such persons belonging to the said Courts, as shall be 
Obliged to take the same. 

And we do hereby Authorize and Impower you to constitute and Appoint Judges and, in 
cases requisite, Commiss" of Oyer and Terminer, Justices of the Peace and other necessary 
Officers and Ministers in onr said Province for the better Administration of Justice, and putting 
the laws in execution, and to administer or cause to be administered unto them such Oath or 
Oaths as are usually given for the due Execution and performance of Offices and places, and 
for the clearing of truth in judicial Causes. 

And we do hereby give and grant unto you full power and Authority, where you shall see 
cause or shall Judge any Offinuler or Ofl'enders in Criminal matters, or for any fines or 
forfeitures due unto us, fit objects of our Mercy, to pardon all such Offenders, and to remit all 
such Otiences, fines and forfeitures, treason and wilful murder only excepted ; In which Cases 
you shall likewise have power upon extraordinary Occasions, to grant Reprieves to the 
Offenders, untill and to the intent Our Royall pleasure may be known therein. 

We do by these Presents Authorize and empower you to collate any person or persons to 
any Churches, Chappels, or other Ecclesiastical Benefices within our said Province and 
territories aforesaid, as often as any of them shall happen to be voyd. 

And we do hereby give and grant unto you, the said Robert Hunter, by Your self or by 
Your Captains, and Commanders by you to be authorized, full power and authority to levy, 
arm, muster, command and Employ all Persons whatsoever. Residing within our said Province 
of New York, and other the Territories under Your Government ; And as occasion shall serve, 
to march from one place to another or to Embark them, for the resisting and witiistanding of 
all Enemies, Pirats & Rebels, both at Sea and at land ; and to Transport such forces to any of 
our Plantations in America if Necessity shall require for the Defence of the same, against the 
Invasion or attempts of any of our enemies & such Enemies, Pirats and Rebels if there shall 
be occasion, to pursue or prosecute in or out of the Limits of our said Province and Plantations, 
or any of them, And (if it shall please God) them to vanquish, apprehend and take, and being 
taken according to Law to put to Death, or keep and preserve alive at your discretion ; and to 
execute martial Law in time of Invasion, Insurrection or War, and to do and Execute all and 
every other thing and things, which to our Captain General and Gov'' in chief, do's or ought of 
Right to belong. 

And We do hereby Give and Grant unto you our full power and Authority, by and with the 
Advice and consent of our said Council of New York, to Erect raise and build in Our said 
Province and Territories depending thereon, such and so many Forts and Platforms, Castles, 
Cities, Burroughs, Towns and Fortifications, as you by the advice aforesaid shall Judge 
necessary ; and the same or any of them to Fortify and furnish with Ordnance, Ammunition 
and all sorts of arras fit and necessary for the Secui'ity and Defence of our said Province ; and 


by the advice aforesaid, llio same a^ain or any of them to Demolish or Dismantle, as may be 
most convenient. 

And for as much as divers Mutinies and Disorders may happen by Pei'sons Slii[)'t and 
employ'd at sea dnring tlie time of War, and to the end that such as shall be siiipped & 
Employed at Sea during the time of War, may be better govern'd & order'd, We do hereby 
give and grant unto you the said Robert Hunter, full power and authority, to constitute aud 
appoint Captains, Lieutenants Masters of Ships, and other commanders and officers, and to 
grant to such Captains, Lieutenants, Masters of Ships, and other Commanders and Ofhcers, 
Commissions to execute the law Martial during the time of War, and to use such proceedings 
Authorities punishments, corrections and Executions upon any Offender or Otlenders, who 
shall be mutinous, seditious, disorderly or any way unruly, either at Sea or during the time of 
their Abode or Residence in any of the Ports, harl)ours or bays of our said I*i-ovince and 
'JV'rritories, as the cause shall be found to require, according to Martial Lav\', during the time 
of War, as aforesaid. 

['rovided that nothing herein contained shall be construed to the Enabling you, or any by 
your authority to hold, plea, or have any jurisdiction of any offence, cause, matter or thing 
committed or done upon the High Sea, or witliin any of the Havens, Rivers or Creeks of our said 
Province and Territories under your Government, by any Captain, Commander Lieutenant, 
Master, Officer, Seaman, Soldier or other person whatsoever, who shall be in actual service and 
pay in or on board any of our siiips of War or other Vessells acting by immediate Commission 
or warrant from our high Admiral of Great Britain, under the Seal of Our Admiralty, or from 
our Commiss" for executing the OfYice of Our High Admiral of Great Britain for the time 
being; But that such Captain, Commander, Lieutenant, Master, Officer, Seaman Soldier or 
other Person so Offending shall he left to be proceeded against and Tryed, as the merits of 
their offences shall require, either by commission under our Great Seal of Great Britain, as 
the Statute of the 2S"' of Henry the Eighth Directs, or by Commission from our said High 
Admiral of Great Britain, or from Our Commiss" for Executing the office of our High Admiral 
of Cireat Britain for the time being, according to the Act of Parliament passed in the 13"» year 
of the Reign of King Charles the Second Entituled, "An Act for the Establishing Articles and 
Orders for the regulating and better Government of His Majesties Navies, Ships of War and 
forces by Sea" and not otlierwise. 

Provided nevertheless that all Disorders and Misdemeanours committed on Shore by any 
Captain, Commander, Lieutenant, Master, Oilicer, Seaman, soldier or other person whatsoever, 
belonging to any of our Ships of War or other \'essels, acting by immediate commission or 
Warrant from our High Admiral of Great Britain, under the Seal of our Admiralty, or from 
our Commiss" for executing the office of High Admiral of Great Britain for tiie time being, 
may be tried aud punished according to the laws of the place, where any such disorders, 
oflences, and Misdemeanours shall be committed on shore, notwithstanding such offender be in 
our Actual Service, aud born in our Pay on board any such our Ships of War or other Vessels 
acting by innuediate Connnission or Warrant from Our High Admiral, or from Our Commiss" 
for executing the Office of High Admiral [of Great Britain] for the time being as aforesaid ; So 
as he shall not receive any protection for the Avoyding of Justice for such Oflences committed 
on shore, from any pretence of his being employed in Our Service at Sea. 

Our further Will aud pleasure is that all public monies raised, or which siiall be raised by 
anv Act hereafter to be made within our said Province and other the Territories depending 


thereupon, be issued out by Warrant from you, by and with the advice and consent of the 
Council, and Disposed of by you for the Support of the Government, and not otherwise. 

And we do hereby likewise Give and Grant unto you full power and Authority, by and with 
the advice and consent of Our said Council to settle and agree with the inhabitants of Our 
Province and territories Aforesaid, for such Lands Tenements and Hereditaments as now are 
or hereafter shall be in our power to Dispose of, and them to grant to any person or persons 
upon such Terms, and under such Moderate Quit Rents, services & acknowledgm'' to be 
thereupon reserved to us, as you by and with the advice aforesaid, shall think fit ; Which said 
Grants are to pass & be Sealed by Our Seal of New York, and being entred upon record by 
such Officer or Officers as you shall appoint thereunto, shall be good and effectual in law 
against us. Our Heirs and Successors. 

And we do hereby Give [unto] You the said Robert Hunter, full power to Order and 
Appoint Fairs, Marts and Markets, as also such and so man}^ Ports, Harbours, Bays, Havens, 
and other places, for convenience and Security of Shipping, and for the better loading and 
unloading of Goods and Merchandizes, as by you, with the Advice and Consent of tJie said 
Council, shall be thought fit and necessary. 

And we do hereby require and command all Officers and Ministers, Civil and Military, and 
all other Inhabitants of our said Province and territories depending thereon, to be Obedient, 
aiding and Assisting unto you the said Robert Hunter, in the execution of this our commission, 
and of the powers and Authorities herein contained ; And in case of Your Death, or absence 
out of our said province and territories, to be obedient, aiding and assisting unto such person 
as shall be appointed by us to be our Lieut. Gov'' or Commander in Chief of our said 
Province ; To whom we do therefore by these presents Give and Grant all and singular the 
powers and Authorities herein granted, to be by him executed & enjoyed. During Our pleasure 
or until Your Arrival within our said Province and Territories. 

And if upon Your Death, or Absence out of Our said Province and Territories, tliere be no 
Person upon the place, commissionated or appointed by us to be our Lieu' Gov"' or Commander 
in Chief of the said Province, Our Will and Pleasure is that the Eldest Councillor, whose 
name is first placed in Our said Instructions to you, and who shall be at the time of Your 
Death or Absence residing within our said Province of New York, shall take upon him the 
Administration of the Govern' and Execute our said Commission and Instructions, and the 
several powers and Authorities therein contain'd, in the same manner and to all intents and 
purposes, as other our Governor or Commander in Chief shou'd or ought to do, in case of 
Your Absence, untill Your Return, or in all cases uutill our further pleasure be known 

And we do hereby Declare, Ordain and Appoint that you the said Robert Hunter shall and 
may hold, execute and enjoy the office and place of Our Captain General and Governor in 
Chief in and over our Province of New York, and the Territories Depending thereon, together 
with all and singular the Powers and Authorities hereby Granted unto you, for and during 
Our will and pleasure. 

And whereas there are divers Colonies adjoyning to Our Province of ISiew York, for the 
defence and security whereof, It is requisite that due care be taken in the time of War ; We 
have therefore thought it further necessary for our service, and for the better protection and 
security of Our Subjects inhabiting those Parts to constitute and appoint, and We do, by 
these presents constitute and appoint, you the said Robert Hunter to be Our Capt° General 
Vol. V. 13 


and Commander in Cliief of the }.liiitia, and of all the forces by sea & land within Our 
Colony of Connecticut, and of all our Forts and places of Strength within the Same. 

And for the better ortlerin^, governing and ruling Our said Militia, and all Our Forces, 
Forts and I'laces of Strength within our said Colony of Connecticut, We do hereby Give and 
Grant unto yon, the said Robert Hunter, And in Your Absence to Our Commander in Chief 
of our Province of iVew Yorl;. All aud every the like powers as in these Presents are before 
Granted & Recited, for the ruling, governing and Ordering Our Militia and all onr forces, ibrts 
and places of strength within our said Province of New York, to be exercised by you the said 
Robert Hunter, and in Your absence from our territory and E)ominioii of New York, Iiy our 
Commander in Chief of our said Province of New York, within Our said Colony of Connecticut, 
for and during our pleasure. [Ix Witxesse whereof we liave caused tiiese our Letters to be 
made Patents Witxesse Our selfe at Westminster the Nineteenth day of October in the 

Eigiitii yeare of Our raigne. 

By Writt of Privy Seale. 


[The ■n-ords ■\vilhiii lirackets in the preceding document are, after collation, added from the Official instruiiient recorded in 
the Secretary's OlBce. Coimiussioia:, IV., 22.— Ed. ] 

Buard uf Tradi: to the Earl of Sundtdand. 

[Sen-Tork Entries, G. 4SI.] 

To tlie R" Hon''''^ the Earl of Sunderland. 
My Lord, 

Having in Obedience to Her Majesty's Commands transmitted to Your Lord'', witb our letter 
of the l-j"" Instant, the Draughts of Commissions to Col' Hunter to be Gov"' of New York and 
New Jersey, We have now prepared the Draughts of Instructions for those Governments : 
But whereas therein is contained a Clause wliich relates to the Pressing of Seamen, upon 
whicli we have some Doubt, We take leave to Observe. 

That tiie Act for t/ic Encourdgcnunt of the Trade to Ainrricu, past in the si.xth year of Her 
Majesty's Reign Enacts, "that no Mariner or other Person who shall serve on board, or be 
" retained to serve on board any Privateer or Trading ship or Vessel that sball be Imployed 
" in any Part of America, nor any Mariner or other person being on shore in any Part thereof, 
" shall be liable to be Impressed or taken away, or shall be impressed or taken away by any 
" Officer or Officers of, or belonging to, any of Her Majesty's Ships of War, impowered by the 
" Lord High Admiral, or any other person whatsoever, unless such mariner shall have before 
" Deserted from such Ship of War, belonging to Her Alajesty at any time, after the fourteenth 
" day of February, one thousand seven hundred and seven, upon pain that any Officer or 
" Officers so Impressing or taking away, or causing to be Impressed and taken away, any 
" mariner or other person contrary to the tenour and true meaning of this Act, shall forfeit to 
" the Master, or owner, or owners, of any such Ship or vessel twenty pounds for every man 
" he or they shall so Impress or take, to be recovered with full costs of the Suit, in any Court 
" within any Part of Her Majesty's Dominions." This as was conceived might be construed 


to extend to the taking away the power from tlie Governor of impressing Seamen in all cases 
whatsoever; which opinion seems to be favonred by Another Clause in the said Act for 
furnishing Seamen to serve or Board Her Majesty's Ships of War in America, a Copy whereof 
is here Inclosed. But as M"' Attoruy and M" Solicitor General have given to the Right Hon''''" 
the Lord High Admiral a different Opinion, upon some papers we have transmitted to his 
LordP We here Inclose Copies of the said Opinions, and of the Papers therein referred to ; 
As likewise a Copy of that Clause in the Instructions, that Your Lordn may please to Receive 
Her Majesty's pleasure, whether the said Clause shall be continued in the Instructions or not. 

We are, My Lord, 
Whitehal Your Lord?' most humble Servants. 

Sepf the 29'^ 1709 Ph. Meadows. Jk° Pultexey. 

Opinion of the Solicitor General on the Lav; of I/npre^Siuent in the Colonies. 

> [ Xew-Tork Entries, G. 429. ] 

I have perused and considered the late Act of Parliament for the Encouragement of the 
Trade of America, together with the Extract of a letter from Col' Ingoldsby Lieutenant 
Governor of New Y'ork to the Lords Commission" of Trade and Plantations, and of the 
opinions of the Council, Chief Justice, & Attorny Gen' of that Province ; and also an Extract 
of the Lord Lovelace's Instructions for the Governm' of New York, and am of opinion that the 
Civil power of mariners in America is not restrained by that Act ; The words of the Clause 
upon which the question arises are these 

" Tis enacted that no marriner or other person who shall serve on Board, or be retained 
to serve on board, any Privateer or Trading Ship or Vessel that shall be employed in any 
Part of America, nor any mariner or other person, being on shore in any part thereof, shall 
be liable to be Impressed or taken away or shall be impressed or taken away, by any 
Officer or Officers of, or belonging to any of Her Majesty's Ships of War, Empowered by 
the Lord High Admiral, or any other person whatsoever, unless such mariner shall have 
before deserted from such ship of War, belonging to her Rlajesty at any time after the 
Fourteenth day of February one thousand seven hundred & seven upon pain that any 
oflBcer or officers so Impressing or taking away, or causing to be Impressed or taken away 
any Mariner or other person contrary to the tenour and true meaning of this Act, shall 
forfeit to the IMaster or Owner or Owners of any such Ship or Vessel twenty pounds for 
every man he or they shall so impress or take, to be recovered with full costs of suit in 
any Court within any Part of Her Majesty's Dominions. 

Now 'tis my humble Opinion that this Clause Extends only to the Officers of Her ^lajesty's 
Ships of W^ar, who are apt to [be] Irregular in the Execution of this Power and not to restrain the 
Soveraign Authority from Impressing Men for the public Service by Civil Officers ; For Officers 
of or belonging to Her Majesty's Ships of war are the only persons prohibited, and the Penalty 
extends to no others ; The Prohibition is not general, neither can any person be punished for 
transgression of this Act, but an officer of or belonging to Her Majesty's Ships of War ; And 
talving all the Parts of the clause together, it can't be imagined that it was Design'd to take 


away a Prerosxative of the Crown, in wliii'li tlie coinmon security of the Plantations is so 
much concern'd, by depriving the Gov'' in America, of tlie power of providing the necessary 
Supplies of Men, for hei" Majesty's Ships of War, sent for the pi'otection of Trade, and the 
Defence of the Plantations. 

R. Eyre. 17"' Sepf 1709. 

The Chief Justice of New York's Opinion touching tlie impressing of Seamen 
for Her Majesty's Ships tliere. 

In ohedience to your Honors commands in Council the IS"* Instant, I have considered the 
Case there stated and have perused the Statute entituled ^li) Art fur thr incoiiragvmrnt nf tin' 
Tniilc to ^Inirrica made in the 0"' year of Her Majesty's reign. I have likewise perused 
a Statute made in the first year of the reign of King William and Queen Mary, entituled, 
An Art dicliirliig tlic: R'lo-hls iiiiJ L'ibi rlics <if the Subjects, and settling the suceessiem of the Crown, 
wUt^vcln tlie Parliament di'clare in these words, viz' 

That the pretended power of suspending laws or the execution of laws hy the Regal 
Authority without consent of Pai'liament, is illegal. 

That the pretended power of dispensing with laws hy Regal Authority as it hath heen 
assumed & exercised of late, is illegal. 

And I am of opinion that although the clause relating to the pressing men be particular as 
to the penalt}' therein mentioned ; yet the prohibition is general as to all on shoar, except as 
therein is particularly excepted, & when an}' person offends against a prohibition in an Act of 
Parliament he may be punisbed l)y indictment, of [at] the Queen's suit or by action on the 
Statute by party grieved ; an<l that no Commission tu' instructions can dispence with that Act 
of Parliament. 


.Tune 00"' 1709. 

The Attorny General of New York's Djjinion relating to pressing of men. 

In obedience to an Order of Her Majesty's Council here of the IS"" Instant, for M'' Chief 
Justices and my opinion, I have considered of the Questions therein, and what I think relates 
to the same, and do find by Her Majesty's instructions in Council to the Governor that he is 
directed upon application made to him by the Captains of the Ships of War, ordered to attend 
this government to endeavour to supply them with such men as they shall want, and that by 
the Instructions of the Lord High Admiral to the Captains they are directed to apply to the 
Governor accordingly. I do perceive that the Captains here have now made freqnent 
application to the Governor for to be suppl3'ed with men whom they are in great want of, & to 
acquaint him that they are ordered by the Lord High Admiral to sail to Boston upon immediate 
service. I can't therefore but think it proper for the Governor by the advice of Her Majesty's 
Council here, to grant and direct warrants to the Constables and proper olHcers to take up such 
marriners or seamen in this Province, as do not belong to any merchant ships, privateers or 
vessels here, and so many if they can be had as will make up the complement for the two 
ships ; and I take it that the late Act of Parliament only intended to secure the ships and 
vessels here, their men, and not to tye up the hands of the government from making provision 
for men of War ; which seems to me likewise to be the judgment of Her Majesty's and the 


, J Hi»i; AJmiril's Council, because sucl. inslrudioMS & Jirections are given, since tliat Act, 
Lord High Admiial s L,ouncii, poBlble obedience be given to Her 

a„d I sliidl- always think it my duty to . deference to vvliat I 

Majesty's Com.nands and tbose wl,o «' ™;^^;,, ■'-':' J »>'" »" a onstructton I see no 
apprehend to ^-J--^ . -..f/™ ' » e' iTtr'ac^la be taKen care of, whereas i. 
rarbT:;::at^e^L;:er:hea,leen.s service irc»reben„ 

:;:-r:Ji:,^r -ryrrilid'^^^Tcolii hnnrb,ysnbiritti4 it to 
their better judgments. jj^o Rayner 

Her Maj'* Attoruy Gen' 
New York 

21. June 1709 

Coacnrrence of Her Majesty's Attorney General with AP Rayner's Opinion. 

T J ,. „,;fin \u Rnvner in it. IVP Mompesson seems to me 

.nS:::^;rt;Xo?rj;;s;: ^^£ -~ 

do's forbid the Civil Magistrate from taking up beamen foi Hu Majestj 

it do's not. Ja. Mouxtague. 

Sepf 15. 1709. 

Copy of the 6&^ Clause of the late L<' Lovelace's Instructions. 
^nd whereas upon Complaints made of the irregular proceedings of the Captains of some 

Plantations in America or m sight of any of them, lou aie tneiei . Vj ^ our 

to time. 

Copy of a Clause in An Act for the encouragement of the Trade in America. 
And for the better furnishing seamen to serve on Board Her Majesty's Ships of W^^ winch 
sh.^te ntabout the severd parts of America for annoying the ^^^y ;^^^^X 
T .de there it is hereby further enacted, that the Master or Commander of eve j t.adn g sh p 
^rve sen and every Packet Boat which shall from time to time from and after the said twenty 
/ftrry of April le outward bound and going for any part of America slia be and are 
h eby ob iged (at the desire of any of Her Majesty's Officers thereunto lawfully authorized 
aitd at tltlrgls of Her Majesty, to receive on board and ^^Y;;;^^^:^:^:^ 
such trading ship vessell or packet Boat shall be so bound, and delivei to such officer person 


to whom tliey sliall be assigned, an}' number of mariners seamen or other persons actually 
entered into Her ^Majesty's sea service and pay, (over and above the complement of mariners 
or seamen which such tradinsj ship vessell or Packet Boat actually carries, on which shall be 
sufheient for navigating the same for such intended voyage, not exceeding the proportion of a 
fifth part of the number of such usual or sufficient complement of mariners or seamen) upon 
pain of forfeiting twenty pounds for every such seaman or mariner that he or they shall refuse 
to take on Board and carrj', to be paid and recovered as aforesaid. 

Iieport of the Gent" of Her Ma" Council! for the Province of New York relating 
to Pressing of Men for Her Majesty's ships of Warr. 

At a Council held i]i New York this 3'''' July 1709. 

Presext — The Hon'''" Rich'' Ingoldsby Esq'' L' Govern'' 

Coll : Wenham M'' Phillipps 

M'' Mompesson Coll : Paretree. 

Cap' Provoost. 

M' Attorney Generall gave his opinion to the Lieutenant Goveruouron the Order of Councill 
of the IS"' of June, M'' Cheif Justice likewise delivered his opinion on the said Order of the 
IS"' of June. 

Upon consideration whereof and of the Act of Parliament for the Encouragement of the 
Trade to America, it is the o])inion of this Board that the Lieutenant (Governor can not grant 
any order or warrant lor impressing any marriner or other person who serves on board or is 
retained to serve on l)oard any privateer or trading ship or vessell that is emjjloyed in this 
Province ar ainj marrhirr or ullur jn rsoii on slioar in aiiij jitirt ihcrnif,* unless such marriner shall 
have deserted from some sliip of War belonging to Her ^Majesty's Service [since] the 14 day 
of February 1707. 

By Order 

Geo. Clarke. 

*These are the words of the Act, but not at all the words necessary to be considered in this 
case — The (Question is if the Act exempts persons on shoar not belonging to any merchant 
ship or privatier from being impressed by the Civill Magistrate. Commanders at sea are 
certainly forbid impressing any one, either on board any ship or on shoar; but if the 
government there have occasion to man a ship, upon any service, I don't think the American 
Act forbids the Civill Magistrate from impressing seamen who doe not belong to Merchant 
Ships or Privatiers. 

(General Indorsem') New York 

" ^^mute upon the Boards letter to y° 
" Earl of Sunderland of the 29"' of Sepf 
" 1709 ; and other papers relating to 
" a Clause in Col. Hunters Instructions 
" about pressing of Seamen." 
" Rec^ ) 
" Read 12 Oct. 1709." 

Ja: Montague. 


Memorial of 3Ir. Affirood, hie Chief JuMice of JS^ew -Yo7'Tc. 

[ Xew-Tork Papers, y. z. Z 67.] 

To y' Right Hon'"* y* Lords Comissioners for Trade and Plantations. 

The humble Memorial of W"" Atwood by his late Majesty King William 
constituted Chief Justice of y'^ Province of New York & Judge of that & 
several adjacent Vice Admiralty Courts, in behalf of himself, Col Abraham 
de Peyster & Capt. Rob' Walters two other Judges of y Supreme C there, 
D"" Staats one of y* Council M'" Abraham Governour Speaker of the two 
last regular Assemblies, and y* rest of that Province who have manifested 
their zeal for our p''sent happy Establishment. 

D' Staats and RP Governeur w"" M'' Prevoost now of the Council of New York, & others, 
having by a petition to this Board some time since lodged w"" Her Maj^ principal Secretary y^ 
Earle of Sunderland, begg'd your LordP' (were it onely out of regard to y'' injured memory of 
their former excellent Governour y"* Earle of Bellom' & to those measures w"^*" he took w"" the 
approbation of this Board for establishing y'= peace & weUfare of that Province) do give credit in 
their behalves to y"= accounts w'^'' they are well assured would be faithfully given by RP Atwood 
Esq"" who they say, "while he was permitted to exercise the office of Chief Justice & Judge 
" of y* Admiralty among them shew'd such impartiallity, knowledge of y* laws and unwearved 
" diligence, as made them earnest petitioners to yo'^ LordP* to procure his restitution unto 
" them w"" safety in that station to W'' his late Maj'y of glorious memory had graciously 
" appointed him" the said W" Atwood thinks it incumbent on him, at this favourable 
juncture, to lay before yo"" LordP^ such matters as may tend to the good of a Province whose 
interest deservedly lyes at his heart aswell to the vindication of himself & others who could not 
but lament y"" death of y'' Earle of Bellomont before he had finish'd that happy settlement he 
had far advanced, as they do the L"^ Lovelace's, hcfore, as D'' Staats & 3P Governeur express 
themselves, he could put any of his good dcsig?is in execution. 

The Earle of Bellomont finding that Province in as great disorders as now, fomented by y* 
Chief authors of y" p-'sent, found it necessary to suspend from y* Council M"' Nichols, y"^ warm 
Speaker of y* two last Assemblies (y*^ elections to w-^"" at New York were influenced by y'^ 
soldiers unduely brought as voters & in an undue manner) w"' Colonel Bayard y* Dutch head 
of a pUended English party, M'' Pinhorn y"= p''sent Chief Justices father in law, & two others ; 
w"" suspensions were confirmed by y* L"*' Justices who further ordered those 5 to be amoved 
from all places of trust within y' Province ; Notw"'standing y" suggestions of merch'^ here 
complaining of y' changes then made. 

From w'='' tyme, as well as before, y* 3. of those 5. now living, have ever been restless in 
opposing all methods directed from hence, for freeing y' Province from y« disturbances rays'd 
by them & their adherents. 

As this Board rep''seuted to y"" L""^ Justices by a memorial of y' IQ"" of October 169S "the 
" long encouragement y* people there had in many illegal practices was grown so great, & y« 
" opposition rays'd ag" y'^ Earl of Bellom' for endeavouring to redres y* same and to lay open 
" y* guilt of those who have been chiefly concerned therein so strong, that unless His Lordi" 
" were particularly countenanced & speedyly supported by their Excellencies authority in 


" discharging his duty & tliat all or at least y'' chief of those who liave been most guihy of y"^ 
" miscarriages there mentioned be discouraged censur'd or punish'd, as may be found necessary, 
" it would be impossible for his LordP to effect any thing of moment w"^*" could be truely for 
" his then Maj''" service or for y' good of y"" Province it self." 

For assisting His Lordship this Board afterwards rep^sented it as necessary that a Chief 
Justice & Attorney (.ieneral should be sent trom hence, & y' s'' W-" Atwood not being 
unknown in Westminster Hall, or at y" Bar of y" House of Beers, was appointed Chiei 
Justice, w"' a salary of :JOO=1'. a year instead of 4.000 w"'' would have been if tiie I/' C'lianccllor 
who nominated him had continued. He was aware how precarious such an oliicc, dureing 
])leasure, in parts so remote;, must needs l)e ; yet the assurance of this Board that he sliould not 
be amov'd while he faithfully discharged his duty, & his coulidence that God would enable him, 
as He had, to be an Advocate for the cause of his country in the worst of times, encouraged 
him to venture. 

Soon after the entring u]ion his Olfice w'^'' was not till y'' 5"' of August 1701, he found it 
could not lie faithfully executed w"'out great ap|)lication & the utmost hazard. 

Ever since the Earle of Bellomout's death, the people & practices restrained by liis Lordshi[) 
had got head : and the laws of trade having been totally neglected, the severall sentences W^"" 
be was obliged to pass & cause to be executed, occasioned his being look'd on as an invader 
of their properties: yet no one appeal has lieen carryed on. 

But y'' cheif ground of the obloquy w"'' the few aggrieved, in comparison w"' the body of 
the people, propagated among their correspondence here, was his vindicating the right of his 
Prince & the Administration under him ; whom several, animated by an imoderate Clergyman 
bred a dissenter, rep'seuled as a Dutch King & too much incfiued to those of Dutch extraction. 
At y^ head of y seeming zealots for an English interest was Bayard a Dutch man, next to 
him was passionate M'' Nichols. 

These two were the foremost in solliciting the execution of Capt" Leisler for p'tended high 
treason, bearing him a umrtall grudge as y'' Representatives of y^ Province say in a printed 
Address " For their having been imprisoned for opposing the late happy revolution, endeavouring 
" to raise a tumult among the people, & telling AP Leisler thaty'' Parliament of England's voting 
" & enacting y" Throne's being vacant was nonsense." ftP Nichols who constantly mainteined 
tliis opinion having tailed in liis attempt to be Speaker of the last regular Assembly, after he 
had jovned w"' y'' rest in p'senting M' Governeur for Speaker iinding himself likely to be 
turn'd out of y'' House as not duely return'd, p'vail'd w"' his friends to desert y" Assembly & 
protest against it as illegall, uj)on pretence that y" Speaker was an Alien, tho' as they all well 
knew y'' same objection being made in y« Year IGsy it appeared to the then Assembly that he 
had been naturaliz'd by virtue of an Act made in the year 16S3. 

Yet as INP Governeur is likely as long as his great Abilities continue to be Speaker of every 
Assembly fairly chosen, M'' Nichols & his adherents will ever make use of this as an handle for 
disturbances, unless ])''vented bj^ knowing the sense of this Board. 

RP Nichols and his friends having turned themselves out of y'' Assembly, & writs issuing for 
new Elections, y" Sherif of y* County for w"^"" he had been return'd, instead of executing liis 
then Maj''" writ, sent up a remonstrance against y^ Assemlily, chiefly grounded upon y'^ baffled 
p'tence of M'' Governeur being an Alien. And 3 persons return'd in y" rooms of 3 others, 
joyned in a like remonstrance ; and all who had opposed the revolution & had felt some efic'cts 
of y= Earl of Bellomout's zeal for y' service of y"' Crown labo'ed to have it pass as the generall 


sense of that Province, that his LordP layd y^ foundation of all their grievances, that these were 
on tnued by those who then adn.inistered ye Government, & that rn the:r of power 
contn ue y o„„ress'd y^ people & renderd themselves contemptible. 

'' t'o tl : r^^, tty :a 'sl^rtook ^ ^avi or marks of boys, travellers & officers & common 
soUhers m §---• J^"'- !r IT were tacked to y' most virulent lybels, under ye colour 
7X^::^^Z L H::e::r Comons . ^ Lord Cornbury, before he was vested 

""1: thr^^seives printed that to ye House of Comons, they charged ye Earle of Bellomc.,caJs.^^ "he projected the reduceing r,-^^ ^^^^^^^^Z^ 
" misery by spoyhng & eradicating n\l foundations of propernj^ They say " God Almight> o 
^^ Ms nfinite mercy to that poor Province was graciously pleased by h.s death to put an end 
.. to lis P 1" yet y= «taL of his artifice and irnprollt, had a deep tmcture eft amongs 
.. them & 1 nlinu d to disturb & perplex ye peace & tranquillity of that Colony, tha y 
» JivTmLtt a then circumstanced had countenanced ye Allen & his party, who contmued to 
.. Tand a an Assembly, altho two thirds of ye Freeholders & inhabitants of ye Provn ce 
..lir.>J.o ackAd^e tlu-u as suck, that in this p...*./...... ^^ Assembly they 

.. past'd se^ral bills tendiug^o ye destruction of ye .rorertles feekolds ^- .J.ntances of His 
" Majesties subjects. Lec^islative powers have unavoidably drawn this our 

" in ye Exective m-oceed, too many to enumerate. And as was piovea u 
thev alled^^ed that ye government was rendered vile and cheap m ;/ eyes of y Feople. 
'^^hfrlyCedition among ye soldiers w^^ alone was treason at conn^ law y^^^^ 
• v fi f ,-e lomBl-itivp tV executive powers, & inciting numoeis mei- <iu 

v^hatsoever to e^deavo^^r hy force rf arm. or othekways to d.tu>b y peace ,o ^ i 
,o..nment tkere; that no man who has read ye Act c, q-^--^; j^^^^.^^ ^„, 

Yet it may appear that ye Lieuten' Governo^ Col De Peyster U ^^aa « J 
others of ye Council were not transported by any intemperate zeal for y public, 
thnn thev thou-ht all men in such posts ought to do upon like emergencies. 

I a earinl by r oaths of several soldiers that at one place they had beeii drawn in to sigii 

.h^^r^ iz Hutchi., Who treated -;^^-;:s^: ^ , ^^t f ;:il 

City ; Hutchins was requird to produce ye lybels w he pretei mea 

^^i^:^;rt P=; ^r d^ i;::r r ^kIJ^. .am, ye . .st now of 


in their hands, & they would J-f^ yt'-- " ^ 'irobshately -f-^ng' were required to find 
to consider whether they would deliver ^^^7' ^^^V°7 f '^^j^;^ ^^ ^ by Act of Assembly 
sureties for their good behaviors, of whom 2 absenting f ^^ f ^^' ^.^^^J^,, ^,,, ,e chh'^ 
required to appear on ye penalty of outlary, & y- proofs sheumg ^ajaid to -v^^^ y 

prlnoter of t^t disturbance of ye government he w.s .,moni.i^ -J—tV/ ;/,. ,„„,, 
Assembly made at y' instance of himself & his tnenas, oy w 

Vol. V. 1* 


peace & quiet of y" governm' were liigh Treason. The sa^yil late Chief Justice freely owns he 
causd that Act to be read, in hopes it might put a check to their insulting y^ Administration, & 
that since no persuasion could prevail on them to desist, the teno"' of y*" law might. Neither 
did he prove mistaken ; for tiiey who he had contemned y'^ King's authority were driven to 
seek his mercy thro' y' mediation of those whom they had traduced. 

But this Board, who held M' Nichol's second step to the exciting those disorders, to be an 
insolency w<^'' ought to be prosecuted w"' vigo'' as may appear by a letter to y*' s*" W™ Atwood 
of y' 29"" of January 170.\ would certainly have thought the persons entrusted w"' y' 
Administration very remiss if they had stop'd alter they were dared to proceed. This n)ust 
needs have argued a fear to be coudemn'd & would have givn reputation to y"" false musters 
by w'^'' y« few malcontents labour'd to impose upon a Governo'' soon expected, as if he would 
be under a necessity of useiug them chiefly, who had onely not carryed their open disowning 
his Prince's right to y"^ last extremity. 

'Tis certain y" unforeseen obstinacy of Bayard seemd at least to y" calmest considerers there 
to necessitate hi.s comitment for high treason, w"' w"'" & y*" examinations of soldiers and others, 
this Board was acquainted by y"' first opportunity, and copies of y'' warrant & y^ act upon w'^'' 
it was grounded being on y" 22'' of April 1702, sent to S"" Edward Northey then Attorney 
General], he certifyed his opinion that y' warrant was sufficient in form to charge Bayard w"" 
high Treason. 

Bayard & Hutchins afterwards charged with y*' same treason were tryed & condemned, & as 
this had y"" onely effect aimd at, next to y'^ example in bringing them to confess their guilt, no 
man was more instrumental than y"^ s"* late Chief Justice in rep^senting them objects of y' 
Royall Mercy; as may appear by a letter to tliis Board from the Lieuten' Govern"' & Councill 
penned by him. All the soldiers except one Lieutcn' since made a Captain by y'' removal of a 
man of merit, were convinced of y" lenity of y'' Admini.stration, & returnd chearfully to- their 
duty; and this conquest over the obstinacy of y' chief offenders was matter of ovation to y" 
body of y^ people. 

But y^ English Minister fearing he might be questioned for seditious discourses, out of pulpit 
at least, if not in it, w"" Wenham & Barbaric a French man combind with him in their way of 
trade & opposition to y"" happy settlement of y*" Province, & M'' French who livd to be weary 
of y" possession he & his few friends took of y'' L"* Cornbury, went out the Province to meet 
him, & if they liad not come back w"" his Lord'' that I'rovince, where now he governs his 
party more absolutely while in custody of a .Sherif of his making then he did when they felt 
his power, might have largely shared in the blessings w"'' Her Maj'-'' diffuses thro' out her 

The then Sherif having, in compassion to Hutchins who had been in a dying condition, 
taken him to his house, the Lord Cornbury for a while kept y" Sherif prisoner in y^ Fort, for 
refusing to set Hutchins at liberty^; and calling a Council declared his pleasure to turn out the 
Sherif for his disobedience & comit his power to y* Coroner. Against this y* Chief Justice could 
not but remonstrate w"" his Lord?' calling y' revolution there, by turning out Col. Nicholson & 
others in power after y^ Abdication, a damned Rebellion, His Lord?^ assuming to himself alone 
y" jurisdiction of Chancello'' & countenancing y^ Mayo" illegally bringing y" soldiers into the 
freedom of y'^ City. 

Ill opposing these hrst advances towards the power that L'' exercised, y"" Chief Justice had 
y' concurrence of D'' Staats, M"' Weaver, after that Chief of Gamby, Col De Peyster & Capt 


Walters. Whereupon y' L"" CornLury w"'out any one previous oath & before they could have 
opportunity of being heard, on y" 9"' of June 1702, suspended all 5 from y^ Council & y'^ Chief 
Justice, Col De Peyster & tiiat worthy Englishman Capt" Walter from being Judges in y 
Supream Court. 

W'='' liis Lords? could not have don vy'i'Dut y* consent of y*" then Attorney Gen' (whom y* s"* 
W™ Atwood had y^ misfortune to nominate to y* then Chancellour, &of y^ former Chief Justice, 
deluded w"" a short restitution; not being aware tliat y« L"* Cornbury had desired y* Earl of 
Nottingham by y^ first opportunity to sign a warrant for D'' Bridges ; w"^'' was done before y° 
suspensions could be known here. The s** W" Atwood having no power to execute his office 
came for England as soon as he could, & applyed himself to this Board, w"''' he found much 
altered since he received y* above mentioned letter conteining assurances of great satisfaction 
in his proceedings, & that he should not vi'ant such protection in y^ performance of his duty, as 
their Lord?^ were able to give him. He therefore begd leave to la)' before them the articles w'"'' 
y'' L** Cornburj^ deliverd him, after his suspension pronounced, w"" direct answers to y™, but was 
put off till papers from y* L"* Cornbury should arrive. After w'''' some were transmitted signed 
by one Honan, whose character has been so well known that y"" L'' Cornbury was admonished 
by this Board not to use him. 

Upon notice that y^ papers were come the s"* late Chief Justice & M"' Weaver applyed for 
copies, but till her Maj''" positive order they were denyed them, unless they would admit 
those inauthentic papers to be evidence. Before this, ]\r Weaver ( who upon y** Attorney 
Gen'' incapacity had been made Sollicito'") was joynd with IVf Atwood in a sumons before a 
Comittee of Council to answer y^ petition of Bayard & Hutchins. Upon w'^'' Chief Justice 
Holt«put their agent Lodowic to shew cause why he should not apply for writs of errour. He 
instead of that method hastned a Report from y" then Lords Comissioners, tho' M"" Weaver & 
the s"* W" Atwood were never heard, that their Lordships were satisfyed in y" L*" Cornbury's 
reasons for suspending y" 5 from y" Council, w"'out medling w"" y"' office of any of them ; & 
onely recommending in their rooms in Council 5 others as nominated by y^ L** Cornbury. 

The Chief reason alledged for this change, tho' others might be at the bottom, was their 
promoteing or consenting to several Acts of Assembly, w'''' if there had been opportunity, might 
have been shewn to be usefull & expedient. In y" promoting w"^"" as might have appeard, D' 
Staats and M' Governeur, upon whose judgments y^ sound part of y^ province chiefly rely, 
were not provoaked be y^ outrages of others, to depart from their known moderation & care 
for y^ prosperity of that Province. M' Weaver & M'^ Atwood, w*''out their seeking, had a day 
given 'em to be heard before her IMaj'^ in Council, against their suspensions from the Council 
of New York ; This Board not having meddled w"" their offices, neither was there any 
mention of their friends in that sumons. Before y' day appointed for hearing those two 
persons onel}', an order was obteined that y* papers signed by Honan should be read, tho' 
agreed to be no evidence. But, as S"' Edward Northey saj'd, upon opening what he could pick 
out as most slanderous and citeing part of Ar Atwood's charge against the L** Cornbur}', they 
were not read for any censure upon M"^ Atwood, but to shew y^ L** Cornbury & be could not 
stand together in y^ same governm' Nothing more was conteined ag" D'' Staats that [than] 
his signing a warrant, w* S'' Edward Northey had agreed to be legall, nor ag" Col. De Peyster 
& Capt. Walter than that they concurred with M'' Atwood in giving judgment of high treason 
upon indictments against which neither S' Edward Northey nor S"' Simon Harcourt could raise 
the least objection. 


Indet'd an iiTegularity was pretciKlfd to be found hi the ]iroceedinjj,s, because y" Grand Jury, 
consisting of 19 after they had all presented y'^ indictments endorsed Billa vera, w'''' were so 
recorded vv"'out any opposition, s of them expressed a doulit whetlier the facts of W'' no one 
made any question amounti'd to treason. Neither this ]'>oard nor any L'' of Her Ma'" Councill 
except tlie Secretary, appears to have known that D'' Dridge's warrant had been signed several 
months before, and y'" removal of M" Atwood & his friends from the Council of New York to 
make room fi)r sucli as y'' then (iovt'rno'' chose, could not be interpreted a couiirmation of y" 
suspension from his Otfices, even that of y'' \'ice Admiralty Court, w''' he loss'd for a vigorous 
execution of y laws of trade. 

Having sul)mitted to his hard fate till a new Governour was appointed, he then hundily 
petitioned Her Maj'^ for being restored to his former otlices, hopeing he had don nothing to 
incurr ber displeasure. His petition Her Ma'>' was most graciously pleased to referr to y'' now 
Attorney Gen' S'' James Montague to consider thereof & nporl his ophiion irhai iikiij he Jithj dun 
//irni/i ; w"^ he did, in a manner so becoming himself that y'' s'' M' Atwood & his friends could 
make no doubt but Her IMaj'y would declare her pleasure in his favo''. 

Fiut v'' hist. Governo'' thro' y'' artifices of Lodowick & his Lords'" private Secretary Cockerell 
was p'vaild on to desire the report might not be layd before Her Majesty till hi.s Lord'' could 
kn(nv the sense of people at New York, & then, thinking Lodowic's friends would make good 
v'" character given of 'em Ikm'c, his Lord'' to humour them recumended JM'' Mompesson put in by 
the Ij"^ Cornbury, not foreseeing y necessity his Lord'' would soon find, of removing that Chief 
Justice from one of y'' Provinces under y' same Governo''. D'' Staats & Capt Walter w"'out Col. 
De Peyster (who Iiad been restored to y'' Council & by the Lord Cornburie's adherents 
jj^'aild on to take a post inconsistent w"' that regard to y*" Crown to W^'' the Col. is of himself 
disposed) by petition to y'' L'' Lovelace set forth y*" injustice of y" susjiensions which occasioned 
their removals. To w''"' y" L*" Cornbury delayd giving any sort of answer till y' D" was 
absent, & it migbt be thought y"" L'' Lovelace could not live to hear y" Complaint. 

Tis past dispute that they would have been restored if the L'' Lovelace had lived ; & y*^ 
earnest desires exprest in y'' above mentiond petition to this Ijoard & a letter to y' s'' W™ 
Atwood from D'' Staats & others whom that noble Lord found y best qualilyed & disposed for 
y" service of Her Maj" & promoting y'^ good of that Province, 'tis humbly hopd may remove 
all prejudices against y" person, who, they say, is now wanted to help settle matters. He 
well knows so wise & excellent a (ioverno"' as is now appointed stands as little in need of 
lielps, as is possible for any Goveiau/, but w"'out a well disposed Councill & Magistracy he 
can eftect nothing considerable l)ut by miracle. For y'' removing the men now possessd of 
the power there, besides that several of 'em came into y" places of others removd w"'out any 
such hearing as all laws seem to require, 'tis submitted to consideration whether they do not 
all stand in need of Her RLaj'''^' pardon for the p'"munire at y"^ least w"^ they have incurred by 
joyning towards pretended laws w"'out colo'' of authority from Her Ma''' whether in those w'' 
they have caused to pass for laws, in matters where y'' law of necessity could afford no plea 
they have shewn any regard to Her Maj''* prerogative or to the prosperity of the Province, & 
wlu'ther the now Chief .Justice who has l)een over scrupulous, where y"^ exigencies of y'' 
public, joynd w"" the known prerogative of y'' Crown, might justly have p''vaild ought not to 
have reuu)nstrated against y'' illegal proceedings under Major Ligoldesby, who too much 
revives the memory of the disorders w"^'' he & most of liis p''sent supporters occasioned when 
lie formerly assum'd the government w"'out the least shadow of pretence to it. 


From that set of men it can never be expected tliat y" customes should be granted, or any 
stop put to y* confusions & artifices necessary to nials.e y™ look w"' any figure in y' Province ; 
but the said W™ Atwood takes leave to rep^sent that D"' Staats & M"' Governeur w"" their 
numerous friends have upon & ever since the Revolution there, done every thing w*'*' could be 
expected from y'^' best of subjects possessed of y" true interest of y'' province, they if trusted 
with opportunities would effectually promote whatever so good a Governo'' shall propose for 
the service of Her Maj'^' & the good of that part of her dominions 

And whatever may be thought of the s'' late Chief Justice's abilities, he is well assured his 
true zeal can never be calld in question, neither, as he humbly hopes, has he don any thing to 
forfeit that opinion of him w'^'' had formerly been entertained at this Board. If any aspersion 
thrown upon him may in the judgments of yo'' Lordi" require him to give a more particular 
answer or further to support what he has asserted, he begs yo'' Lord^* to aftbi'd him an 
opportunity, and that your LordP^ will compassionately consider y^ case of a Counsellor & a 
Judge, who finding his Prince and his authority reviled & insulted, & his enemies as they 
seemed at least by their actions, by imdue means thrusting themselves into power, did 
apparently w"'out design against any man's life or estate, use such methods as he thought 
legal & necessary to secure y^ peace and vindicate y^ authority of his Prince. If no regard 
ought to be had of him as standing alone, he begs he may be looked on as a faithful Advocate 
for a misrep^sented Province, & that for y^ sake of those who hereafter may he put upon such 
hazardous employments, & that they nuiy not by y" circumstances of his case be deterred from 
acting w"" the like integrity, yo'' LordP^ would please to forward that gracious disposition to 
receive what might be offered in the s"^ late Chief Justices favo"' w"" w"^"" Her Maj'^ directed 
M' Attorney to report his opinion, who has certifyed " That y' L'' Cornbury suspended the 
"said W'" Atwood, till Her Ma"''' pleasure should be known, w"'out hearing what he had to 
" say against the passing such sentence upon him, that iSr Mompesson is to -enjoy y" office 
" onely till Her Ma'^' pleasure shall be known, w"^"" he doth not find hitherto signifyed, that he 
" humbly conceives it fit for Her Ma'^ to make known her royal Intentions concerning this 
" officer who holds so considerable a post in y* Government of that Province, & if Her Rlaj'y 
" shall be gracious pleasd to restore y^ Petitioner to y" Offices mentioned in his petition (for 
" w'^'' M"' Attorny dos humbly apprehend he is well qualifyed) Her Maj'^ may order a warrant 
" to be prepared to authorize and require the p''sent Governo'' of New York to cause Letters 
" Patents to be passd for granting him the sayd Office. And the Province of East & West 
" Jersey lying so near & being now under the same Governo'' he humbly conceives it may be 
" convenient the same person be Chief Justice of both & Judge of the several Vice Adm"'"* 
" mentioned in y' petition." 

Of all which, w"" pardon for y' unavoidable length of this trouble, yo' Lord?" favourable 
consideration is implored, by 

"W™ Atwood. 

( Indorsed ) 

M'' Atwood's memoriall of the present 

state of New York and in behalf of 

himself. Col De Peyster, Cap' Walters, 

D'' Staats & others: 

Reced. , ^ 

„ , }■ 20 Octo"' 1709. 


Order forhidi] lug Grants of Land hy tlu; FresiJ<aif of tie Coinicd of Xe>n -Yorl: 

[New-Tork Entries, G. 443.] 

AxxE R. 
Trusty and Well Beloved We Greet you well ; Whereas We have been Jnfornied that 
several undue Grants of lands in that our Province of New York have been passed since the 
death of Our Right Trusty and Well Beloved John Lord Lovelace, Our Governour thereof. 
For the preventing the like abuse for the future We have thought tit with the Advice of our 
Privy Council to order that no Grants of Lands be made or past in our said Province, till the 
Arrival there of Our trusty and Well Beloved Robert Hunter Esq'' whom we have beeia pleased 
to appoint Governour thereof; and Whereas we have thought fit to revoke, annul and 
Determine the Commission we had formerlj' granted to Richard Ingoldesby Escf constituting 
and appointing him Lieu' Gov'' of our said Province, and the Administration of the 
Government thereof will thereby devolve upon you. We do therefore by these Presents declare 
unto You our pleasure concerning the Premises strictly commanding and requiring 3'ou to 
forbear passing any Grants whatsoever of any Lands in Our said Province, of which j'ou are 
to take due notice, and to yield Obedience thereunto accordingly. And so We bid you fare Well. 
Given at our Castle of Windsor the nine and twentieth Day of October 170i), in the Eighth 
Year of our Reign. 

By Her ]Majest3''s Command 


To Our Trusty and Well Beloved 
the President of our Council in 
Our Province of New York, in 

Ohiervations of Mr. Coclierdl on Land Granting and tlie Revenue in, New - Yorh. 

[ New-Turk Papera, y. z. Z S2. ] 

Some observations in relation to severall grants of laud at New York. 

1. Grants have been made of all the lands that could be discouvered, some of them very 
larg tracts and in all that are good and valuable M"' Faucouier or M'' Bridges and sometimes 
both are Pattentees. 

2. Grants have been made of such lands as should hereafter be discovered as to Capt 
Lancaster Symes of all the unpatented lands on Staten Island, by which means several poor 
persons who were by the permission and connivance of the government settled on small tracts 
of land where neither the persons nor lands were of value to pay the fees of a patent, are 
lyable and already threatned to be turned out of possession. 


3 Where persons have by licence purchased lands from the Indians, their lands have been 
granted away to others. D'' Staats case concerning Wiwanda' 

4 Grants have been made of lands formerly patented to others which former patents have 
thereby (as far as in the Govern'" and Council lys) been set aside, so was Newton patent in 
effect declared void, tho under the seall of the Province, because not found on the records tho' 
indorsed by the then Secretary to be recorded. But part of the lands contained in that Patent 
were since granted to the town of Bush wick for S00.£ (as tis said) other part to BP Bodinot 
in discharg of .£300 due for part of Lady CornbLU-y's funeral, other part to M' Bridges Capt. 
Ask, M' Hooghland, AP Milward and others for 400£. Lands between highwaterand low water 
mark on Long Island lately granted to y^ City of New York for .£300, being the lands lately 
in possession of several inhabitants tho' now covered with sea, the land being wash'd away. 

5. Some or at least one grant has been made without advice of Councill, which is conceived 
to be against the Queen's commission or Instructions, as the house in the City of New York 
lately burnt down, said to belong formerly to Governour Lovelace and no person claiming 
from him as heir at law, the same was seized for the Crown and lately granted privately to 
Wilson & Ask &= 

In relation to the Revenue. 

1 The Act says for the better defraying of the publick and necessary charges and expences 
of the Province, the money is raised. By the Govern" Instructions he is not to permit any of 
the revenue to be issued forth but b}^ order from himself by Advice of Her Maj'"" Councill. 
Hence it followed that whatever was proposed by the Gov"" to the Councill and consequently 
whatever ftP Fauconier demanded was allowed of by the Councill, and warrants granted 
accordingly. So the extravagant charges of one voyage to Albany amounted to near .£2200. 
and no stint was put to the expense of tire wood and candles for the Fort. 

2 The Officers of the Government and others to whom money is oweing on Warrants think 
the late Act for refunding .£711. 5. misapplyed in the £!1S00 Tax, very grievous on them, 
being to be raised out of the Revenue which should grow due on or before the 3"* of December 
then following, being to reimburse Coll. Wenham and ^P Fauconier who had misemployed 
.£500. and upwards in y^ .£1800 Tax formerly rais'd for building Forts &■= on pretence that it 
was imployed for the Queen's service in payment of warrants which the Officers say were to 
defray the extravagant expences in the Albany journey, which if they ought to have been paid, 
should have given place to sallary warrants. Nor was there any reason to forestall the revenue 
and raise an interest of .£10 p' Cent, to be paid out of the revenue if that money had been 
imployed in paying sallary warrants then due. They say 'tis plain that Coll. Wenham and 
M"" Fauconier did not discharge their duty, and if they are any money out of pocket there is 
no reason they should be reimbursed out of moneys due to others who have discharged their 
dutys. And the question is, whether a revenue granted to the Queen can be taken from Her 
Ma"^ even by Act of Assembly without Her Ma""' or the Lord Treasurer's express 
directions. The Officers likewise suffer SOO^C, and upwards by two sallarys being taken for y' 
same office IVP Fauconier and ftp Byerley. If ]\P Byerly's suspension was unlawfull, then M' 
Fauconier must apply himself to him that set him at work, for his wages. 

' "Wawayanda Patent covers a part of the towns of Minisink, Warwick, Goshen, and Ilamptonburgh, in Orange county. 
A full account of it will be found at p. 445 of Eager'a History of that county. — Ed. 


3. It Is tliouijht a, lianlsliip on tlie Officers of the Government that wlien RP Tiyerley was 
suspended, M'' P'auconier shoidd l)e put in Com" on jiurpose as tliey imagine that he should 
pay himself the .€2000. or thereabouts which he jireteuded he disburst for y'^ Government; 
whereas if the same were bona fide due to the said Fauconier, which they deny, yet the 
sallary warrants ought first to be paid, and they thinke it still hai'ilrr on them y' when I\l'' 
Byerley was restored 1 Fehr: 170;. that M'' Fauconier should detain in his hands recognizances 
for excise due and payable is Feb. and 1S"» May following when the condition of those 
recognizances weri^ for paym' of moneys to y'' Queen's CJollector or Receiver Generall, and 
they look on W Fauconier's pretence that the recognizances were burnt, to be a fraud to 
decei\ f the (-iueen. 


" Transmitted by M'' Cockerill 
" to the Earl of Stamford 
" Rec'' 14 Novemh'' ) 
" Itead -'/ Deceml)'^ 

CoJoiid Harder to tie LorJ.\ of Trade. 

[Nuw-Yoik Entries, G. 40r). ] 

To the Right Hon''''' the Lords Commissioners for Trade & Plantations 

RIy Lords, 

Having Received orders to lay before your Lordships what I had to offer in relation to the 
3000 Palatines to be sent to New York, and the imploying of them there, I lunnbly beg leave 
to ofier to your consideration the following particulars. 

It being now resolved that these people shall be Imployed in Naval Stores, and good 
assurances had of a Fond requisite for setting of them to work that way. I desire Your 
Lordships opinion as to the places most proper for planting of them for that purpose, the 
Objections I have heard against Hudson's and Albany Rivers, and the Falls which render the 
Navigation difficult, most of the Lands below the Falls being granted away, and the purchasing 
of them from the present Grantees uncertain. 

Piscataway Rivers or New Hampshire is luidoubtedly projier for that purpose ; but the Title 
to the lands being in Dispute between RP Allen and the present possessors, Quere if it may not 
be of use to discourse with RP Allen, to know upon what terms he will resigne his claims to 
the Crown, by which means the Inhabitants there may be Induced to yield the Lauds without 
difficulty : Duke Hanulton who has a claim to a great part of Rhode Island and Connecticut, 
offers to resign his title also upon easy terms ; his Agents shall attend Your Lordsliips if it be 
thought necessary. 

Quenebeck River in the Northern part of New England is beyond all dispute the most 
proper place for that purpose, as well from the nature of its soyl and its produce, as lor the 
considerable Fishing-, but lying so remote from our own Plantations, and so near to tlie 
F^nennes it will be difficult to plant them tliere ; during the War. 


I humbly propose in the next place that four persons sufficiently Instructed in the Methods 
of making tiiese stores may be sent along with tlieni to teacli 'em the trade, and supervise the 
work, and that they have sufficient Sallaries allotted them for the time they shall attend the 
Service, and that Leave be given to whosoever is charged with the care of that affiiir, to 
imploy Commissaries and Clerks of Stores and other Officers Requisite and to allott them 
proportionable Sallaries out of the fonds for that purpose. 

That a requisite Number of Cauldrons and such other utensils for Trade as cannot be bad in 
our Colonies, be forthwith provided here, according to a List that shall be given in as soon as 
I can have Information in that niattrr, and that a Reasonable quantity of Hemp seed be also 
bought up and sent over that there may be as small Delays as possible in the Imploying these 
people on the other side. 

The number to be transported being 3000 and housing for 'em at their landing being very 
uncertain, and no cover to be expected where they are to be planted untill they build themselves 
Hutts, I presume your Lordships will tlnnk it necessary that there be GOO tents at least sent 
along with them. 

The stores formerly sent to New York being exhausted by the intended Expedition to 
Canada, and that People being to be planted on the Frontiers it will be absolutely necessary 
they be armed with 600 Firelocks & Bayonetts at least, from Her Majesty's Stores here, and a 
proportionable quantity of powder and shott, and other ammunition stores according to 
custome. Having upon this occasion particular reasons for managing the Indians it will be 
necessary that what Presents at least have been heretofore made to them, may be at this time 
renewed, as well for their good will in parting with these Lands that we may possess, as to 
ingage their assistance for the Defence of our Infant Colonies. 

This is all that at this time I can recollect, necessary to offered to Your Lordships 
consideration, to which I humbly submitt the whole, being with all Honour and Regard, 
My Lords, 

Your Lordships most humble 

London and most obed' Serv' 

Nov 30'" 1709 Ro. Hunter 

Colonel Hunter to the Lords of Trade. 

[New-Tork Entries, G. 469.] 

To the Right Hon'''^ the Lords Commissioners for Trade & Plantations. 
My Lords. 

What I have further to offer to Your Lordship's consideration and what I have formerly 
desired to know of the Ministry, is what follows ; 

When Your Lordships have determined in what place the Palatines are to be planted. 
You would be pleased to consider in what manner the lands are to be granted them, in what 
proportions and under what reservations, or whether it be not advisable that they be servants 
to the Crown for a certain Term, or at least 'till they have repaid the Expences the Crown is 
at in setting them to work, and subsisting them whilst they can not subsist themselves, and 
Vol. V. 15 


afterwards the lands tlicy possess to be granted them in fee, witli the reservation of a reasonable 
Quit Rent to the Crown. 

I have inquired more particularly into what is necessary to be provided on this side for 
carrying on that work, there is nothing besides Iron Kettles, Ladles and Tunnells for Pitch, 
Tarr and Rozin. I have not as yet the account of What may be necessary for Hemp and 
Potashes, a Kettle containing 100 gallons will cost about 1S£ Shipping included. The Ladles 
and Tunnels S Siiil' a piece, or thereabouts. 1 shall have to day a particular account from the 
tradesmen of tlie uett cost of all. I believe twelve of these Kettles at least will be requisite, 
& 12 ladles and tunnells to each kettle, but as soon as I receive the particular estimates of the 
whole, I shall be able to inform Your Lordships more perfectly. There being no great Mystery 
in these Manufactures, I believe M'' Bridger with such as lie can bring along with him, if 
ordered will be Sufficient to instruct them. 

A Store house and Commissaries of the Stores will be absolutely necessary ; The dear 
Freight from these parts being chiefly owing to the tedious time that Ships are obliged to wait 
for their loading, and their being obliged to touch at many diHerent places to take it on board, 
& not seldom to return with little more than half 

I am, with all due honour & Regard, 
INIy Lords ; 

Your LordPP' most humble 

and most Obedient Servant 

December the 1" 1709. Ro. Hunter. 

Colonel Robert Quanj to tie Lords of Trade. 

[Planlalion General Entries, XXXVH. (t)) 404 1 

To the Right Hon'''"" the Lords Commiss" of Trade & Plantations. 

Right Hon>'''= 

I did myself tlie honour of writing to you by the men of War fi-om New York, since which 
I have visited all the Southern Govern" all things are very quiet in Yirginia, and so will 
continue till the arrival of a new Governor, no Assembly has sate since the Death of Col' Not,' 
But as a Cover'' conies, an Assembly must be called, who will liiul work enough for him, and 
the Hon''''' the Board of Trade too. 

Maryland which I always took to be the qiiiet[est] and easiest flovernment of the main, tlie 
freest from all factions and Parties is now by the ill conduct of the late Gov'' run into as great 
extravagancy as any of the rest lu my way from ^'il•ginia, I called in Maryland I found the 
Assembly setting on a Prorogation And the President and Council very inclynable to make a 
Session of it by passing some Acts I thought it my duty to mind them of Her Majesty's 

1 Tlie offioe of Govornor of Virij;ini.a having been bestowed by Queen Anne, in 1705, .is a sinecure, on the Earl of Orkney, 
the eoluny came to be ruled by Deprty. The first Deputy Governor under this nrraiigement was Edward Xott. During his 
administration a new digest of the laws of Virginia, which had been in preparation for several years by a Committee of the 
Council and Burgesses, was reported and approved. He governed the colony only one year, and died in 1706. — Ed. 


instruction, tliat in such a case as the death of Gov"" they shou'd pass no Acts but such as were 
of absohite necessity for the I'eace and Quiet of the Government and I could not see that any 
such were wanting. I prest tiiis the more, I\nowing that tliere were two Acts of the greatest 
consequence that wholly depended on the ne.xt Sessions, the Militia Act, and the Act for all 
officers fees, these two Acts I found that the Assembly were resolved to damn and they had 
no way to eflect it, but by getting some Act passt to make a Session. I acquainted the Council 
with the design of the Assembly, and gave them all the caution t cou'd, the truth of which 
appear'd plainly that very da)% for the Assembly sent uj) a very trifling Bill which was to 
confirm all the process and proceedings of a particular County Court, by reason the Justices of 
that Court were members of the Assembly and could not attend to iiold the Court. With the 
Bill they sent a Message to the Council requesting that the Bill might be past that very day 
else it would not do ; this opened the eyes of the Council, and made them see the real design 
of the Assembly, which I so well improved that they resolved to pass no Act or make a Session 
unless they cou'd have the Militia Act, and the act for the officers Fees revived. I still prest 
to have the Assembly adjourned to such a time as they might reasonably expect the arrival of 
a New Governor But 1 found the President and almost all the Council resolved to have a 
Sessions, provided they could secure those two Acts, and accordingly after several messages a 
conference was appointed and the same day a Bill was sent to the Council for reviving those 
Acts ; when it was read, it appeared to be limitted to si.\ months after the arrival of a new 
Governor, and no longer. The President and Council were very much pleased with this Bill, 
and some of them took occasion to sny that they cou'd not have expected so great a complyance 
from the Assembly, which forced me to say with some warmth, that the Bill was a very 
pernicious one, and ought not to be past if they had any regard to the Queens interest, to that 
of the Country, to Her Majesty's instructions, or to their oaths as Counsellors, which I 
demonstrated by shewing them, that those two Acts were now secure, the Militia Act was of the 
greatest consequence to the Country, and shou'd they give it now up there was but very little 
hopes of ever getting it renewed, at least so as to answer the end ; and as for the Act for the 
Public Officers Fees, if once they let it drop, they very well knew that it never would be 
revived but all the Officers must be ruined, especially those belonging to Her Majesty and in 
Herguift; the consequence of which will be not only a very high injustice to the Queen, but 
very injurious to the Country. I beg'd them again to consider the Queens instructions and 
their Oaths and not proceed further with the Assembly at this time, but leave things as they 
are till a new Govornor came since there was necessity for passing any Act They all seemed 
uneasy and told me, that shou'd they send home this Assembly without doing business the 
Country wou'd clamour at them and be in a flame; I answered that no man of sence wou'd 
blame them for observing the Queens instructions : They were pleased to say that there must 
be an Act past to settle the levies ( most of which is for paying themselves for their attendance 
in Assembly ) I said that there was no necessity for passing such an Act now, for at worst it 
was but a short delay till a Governor came, that it took away no mans property and a little 
delay wou'd not be of a thousand times the ill consequence as the loosing two such Acts which 
I had reason to believe wou'd never be recover'd again, but after all I cou'd say I found that 
they were resolved to make a Sessions and (if I mistake not) some of them as willing as the 
Assembly I stay'd some time after this to try if I cou'd alter their opinion or do the Queen 
service but finding I cou'd not, I told them that I thought the end of her Majesty's appointing 
me one of her Council of that Province was that I might to the utmost of my power defend 


her Prerogative and just Rights, and to give sucii advice as in my judgement was most for her 
interest and service and tliat I shou'd Pay all due obedience to Her Royall Instructions But 
finding it was not in my power to answer any of those ends, I therefore resolved to leave them, 
and hasten where my duty and Her Majestys service called me, and leave them to answer for 
what they shou'd do, so took my leave and came away. And since my coming hither, I hear 
y' they have passed several Acts. I have sent to the Clerk for a copy of all their proceedings 
which [ will send to your honours by the first opportunity I am obliged to observe to your 
hon" that all tlie Assemblies on the main are running into verj' great extreams; They design 
to have the Governour and all Officers wholly to depend on them ; The trutii of this will 
appear to your Hon" by the Acts lately past in the Government of New York. I wish my 
Lord Lovelace liad not given them a handle for what they did, by some steps he took in the 
Jerseys ; However I believe his Lordship saw his mistake and had he lived, wou'd not have 
passed those pernicious Acts in New York ; But the Assembly taking the advantage of my 
Lord death, made use of the proper means to gain their point, by ruining all public officers, 
and by issuing out the Colony mony (as they call it) to wjiom they please, which will oblige 
all to depend on them If I must speak plain English, I cou'd shew the fatal consequence that 
these proceedings must be to the Queens interest and service in all these Governments. I 
presume your hon^''"' Board will not think fit for the future to lodge a power in the Council to 
pass Acts of Assembly on the death or absence of the Queens Governor. I do assure your 
honors that the Generality of tlie Councils being Gentlemen of the Country, are wholly in the 
interest of the Assembly and as ready to lessen the ])rerogative in all things as they are, and 
therefore it requires care in the choice of them ; and those that are steady to the Queens 
interest ought to lie supjiortcd and encouraged; I cou'd mention many wrong steps that have 
been taken by some Governours in their recommending to your lion''''' Board persons fit to be 
of the Council but am not willing at present to trespass on your honors time; but before I 
conclude, I beg leave to acquaint your hon" that the Assembly of this Government are run into 
the greatest extravagancy and confusion that ever people were in ; they resolve to have all the 
power in their hands, the appointing of all Officers and all Courts of Judicature they pretend to a 
power of apprehending and imprisoning any of the Gentlemen of the Council that they please 
and have actually issued out their Warrants accordingly. Its impossible for me to tell the 
confusion they are in ; the present Lieutenant Gov' do's with most courage opose them, and 
assert tlie Proprietors Ifights, but things are now come to that pass that in the opinion of all, 
the proprietors must of necessity be forced to surrender this Governm' nnto the Queens hands. 
The secretary of the Province go's horn in this slii|i, on purpose to represent these Matters to 
M"' Penn, and to shew him the necessity of his Resigning up the Government. I thought it 
my duty and for the Queens service to give your hon" this hint. I will not trouble your 
honors about the present unhappy circumstances of the Northern Province, occasioned by the 
disappointment of that noble design against Canada since the Hon*"'' Col' Nicholson's lately 
gone to London, who is a person the best able to sett all those afiairs in a true light to whom 
I refer. I do most humbly beg your Hon" pardon for this freedom and the trouble I now give 
you, and leave to subscribe as I truly am 

Right Honi^'^ 

Your most obedient 

humble Servant 
December the 2. 1709. Rob' Quary. 


ReiJort of the Board of Trade on. the Plans for Settling the Palatines. 

[ New-York Entries, G. 478. ] 

To the Queen's most Excellent Majes''' 

I\Iay it please Your Majesty 

lu obedience to Your Majesty's Commands signifyed to us by the Right Hono'''^ tlie Earl of 
Sunderland, we have considered the Proposals made by Colonel Hunter, for settling 3000 
Palatines at New York, and Employing them in the Production of Naval Stores, and thereupon 
huniblj' Represent to Your Majesty. 

That the Province of 'New Yorke being the most advanced Frontier of Your ^Injesty's 
Plantations on the Continent of America, the Defence and Preservation of that place is of 
the utmost importance to the Security of all the Rest; And if the said Palatines were seated 
there they would bean additional strength and Security to that Province, not only with regard 
to the French of Canada, But against any Insurrection of the Scattered Nations of Indians 
upon that Continent, and therefore we humbly Propose that they be sent thither. 

By the best Information we can gett, the most proper Places for the seating of them in that 
Province, so as they may be of benefit to this Kingdom by the Production of Naval Stores, 
are in the Moliaques River, and on Hudson's River, where are very great numbers of Pines 
fit for Production of Turpentine and Tarr, out of which Rozin and Pitch are made. 

First in relation to the Mohaques River; your Majesty was pleased by Your Order in 
Councill of the 26"^ of June 170S, to confirm an Act past at New York the 2'' of March iG9f for 
vacating several Extravagant Grants, whereby large Tracts of Land are returned to Your 
Majesty, and among the rest. 

A Tract of Land lying on the Mohaques River containing about 50 miles in length and 
four Miles in breadth, and a Tract of land lying upon a Creek which runs into the said River, 
containing between 24 and 30 Miles in length. This last mentioned Land, of which Yonr 
Majesty has the possession is claimed by the Mohaques, but that claim may be satisfyed on 
very easy Terms. 

The Objection that may be made to the Seating of the Palatines on the fore-mentioned 
INIahaques River, is the Falls that are in the said River between Schenectedy and Albany, 
which will be an Interruption to the Water carriage, but as that may be easily helped by a 
short land carriage of about 3 miles at the most. We do not see that this Objection will be 
any hindrance to the seating of them there, In case there be not an opportunity of doing it 
more conveniently in some other part of that Province. 

There are other large Tracts of Lands on Hudson's River, which are resumed to Your 
Majesty by the foresaid Vacating Act, viz' 

A Tract of Land lying on the East side of that River, containing 12 miles in breadth, and 
about 70 miles in length, and on the other Tract on the West side, containing 20 miles in 
Breadth and 40 miles in length. 

By all which it appears that there are Lands Sufficient in Your Majesty's gift, for the 
proposed settlement of the said Palatines, in case the same have not been regranted by Your 
Majesty's Governor or the Commander in Chief there, since those lands were so resumed, 
which we do not hear has been done. 

We therefore humbly Offer that that Governor or Commander in Chief be directed upoia 


tlit'ir arrival, to seat them all either in a Boddy or in ditl'erent Settlements upon those or other 
Lands as he shall find most proper, And titat tiiev be Encouraged to settle and work in 
partnership, that is -5 or more families to unite and ^V'ork in Common. 

That the Governor be likewise Directed to grant under the Seal of that Province, without 
fee or Reward, 40 Acres per head to each family, alter they shall have repaid by the produce 
of their labour the charges the publick shall be at in settling and subsisting them there, in the 
manner as is herein after jiroposed ; To have and to hold the said Lands, to them and their 
heirs for ever, under the usual (^uit rent to commence and be payable after seven years from 
the date of each i-es|)ecti\c (irant ; and further that in excrv siu'h grant tliere be an Express 
J'roviso that the Lauds so granted shall be seated and planted within a reasonable time to be 
tlierein prefixed, or in failure thereof; such firaut to be xoiil and to revert to the Crown ; And 
fdi- the better preventing those people from falling ii])on the Woollen Manufactures, it will b(_> 
projier that in every such (irant, a clause he incei-ted, declaring the said (irant to be \'oid, if 
such (/irantee shrdl ap|ily himself to the making the Woollen or such like Manufacture. 

As these People are \ery n(>cessitous they will not be abli' to maintain themselves there, 
'till they can reap the benefit of their labour which will ikiI be 'till after one year, at the 
soonest. We therelbre humbly Offer that be suljsisted, The men and women at the rate of 
G'' sterling a head p^ day, and the children under the age of .10 years at 4'' sterling a liead p'' 
day which as we are infbrnu'd will be Sufficient. 

When their houses shall be built, and the ground cleared for making their settlements they 
may then be employed in the making of Turpentine, Kozin, Tarr and Pitch, and that this will 
be beneficial not only to the said Palatines but to this Kingdom. We take leave to observe; 

That one Man may make by his own labour six tonus ol' these Stores in a Year; and we 
have been infiirnied that a number of men assisting each other may in proportion make double 
that quantity ; so that supposing GOO men be imployed in this work, they may produce 7000 
Tuns of these goods a year, and if in time a greater quantity of those stores should be made 
there, than shall be consunu'd in Your Majesty's Dominions, We hope the overplus may turn 
to a very beneficial Trade with Spain & Portugal. 

We have been informed by the Commissioners formerly sent over by the Navy Board to 
inspect Naval Stores in New England that Tarr might be afibrded there under £-5 a tun ; and 
supposing the Freight, from thence in time of peace be under £4 p'' Tuun, as we do not doubt 
but it will, and whereas the Premium of 4.C p' Tun allowed upon Importation of such Tarr 
will more tlian answer the Charge of Freight, We believe it may be sold as cheap as that 
from the Northern Crowns. However should the American Tarr l)e something Dearer, Yet it 
is the Interest of this Kingdom to have the same paid for in Woollen and other Manufactures 
from hence ; whereas that from the Northern Crowns is bought with ready Money. 

The only Objection formerly made to these Stores from America, was that y" Tarr had a 
burning quality, which consumed the Ropes; But we have been Informed by Traders in those 
goods, that there comes now as good Tarr from New England, and as fit for Ropes, and all 
other uses whatsoever, as that of Stockholm which is esteemed the best ; and in Confirmation 
hereof We find by an account from the Custom house hear, in December 1707, that there was 
then 4704 Barrells of Tarr, Imported from the Plantations, certifyed to be good, in order to the 
allowance of the said premium; We further take leave to observe that the Tarr which has 
most of the burning quality makes the best Pitch ; and may otherwise be used on Ships sides 
or Sheathiuffs. 


As to the quality of the Turpentine, Rozin and Pitch made in the Plantations, We have not 
lieard of any Objections thereunto; but on the contrary have been assured that they are as 
good in their kind as any whatsoever. 

As these Palatines are ignorant in the production of those stores, it will be necessary that 
three or four persons well skilled in the doing thereof (if to be had) be sent from hence, to 
instruct the said Palatines there, and that they be allowed £200 New York Money p"' annum 
each, during their being Employed in this Work. 

In case no such persons can be foimd here, then We propose that RP Bridger, Surveyor 
General of Your Majesty's Woods on the Continent of America who was sent 4 or 5 years 
ago to New England to instruct the People there, be Directed to go to New York for that 
purpose, and that he bring with him 3 or 4 other persons, the most skilful! he can get who may 
assist him in the Instructing the said Palatines, and for their Pains therein have a Salary of 
100£ p' annum during such their employ and Stay at New York. 

It will be likewise necessary that there be Supervisors appointed to reside among the said 
Palatines, to over see and keep them at Work, with a Salary of £100 p"" annum each; as to 
the number of the said Supervisors we humbly conceive it cannot well be regulated here, for 
that will Depend in a great measure upon the number of the Palatines Settlements, and on the 
Distance they may be one from the other. Therefore we are of Opinion this be left to the 
Discretion of Your Majesty's Governor after his arrival there. 

We further Represent to Your Majesty that at each settlement there will need a Store house 
to be built, which may be done with little charge, for lodging their stores, 'till they can be 
conveniently sent to New York, where there should be a General Storehouse for the reception 
of such Stores 'till shipt off for this Kingdom. 

That there be a Storekeeper or Commissary appointed at New York, with a Salary of £200 
p"' annum for himself and Clark. 

That all such Naval Stores so Manufactured be delivered into the charge of the said 
Storekeeper or Commissary, and he required to keep a faithfull Account of all such stores 
so by him Received, expressing the names of the person or persons to, and from, whose 
use the several and respective Quantities were Delivered in, to the end that the neat 
Produce thereof may be accounted for, and paid to such Manufacturer or Manufacturers in 
manner herein after mentioned, with such other Instructions to be given him by your Majesty's 
said Governor for the better performance of his Duty, as shall be thought proper. 

That an Agent or Factor be appointed by Your Majesty here for the remitting of such 
summs of money as your Majesty shall from time to time judge proper to be remitted to New 
York for the subsistance of the said Palatines, and for the receipt and sale of all such stores as 
shall be consigned to him on account of the said Palatines. In consideration whereof w^e 
further humbly Propose that such agent or Factor bq allowed out of the Produce of such stores 
and Value of Goods sent hence, the like Factorage as is usually allowed to Factors here, by 
their correspondents in that Province. 

That such Naval Stores be Shipt off for the Port of London, by the said Store keeper or 
Commissary at New York, as opportunity shall offer, the same to be consigned to such Agent 
or Factor as aforesaid. 

That such of the said Stores as shall be found proper and fit for the use of Your Majesty's 
Navy, be by such an Agent or Factor delivered to, and received by the Commissioners of the 
Navy for Your Majesty's service, and Bills made out from that Office, according to their usual 


metliod and course of payment, for the Value of sucli stores so received at the ^Market price, 
such Bills to be made payable to such agent or Factor. 

And that he be Empowered & Directed to sell to tlie Merchant at the best price be can, the 
remains of such stores as shall be by him received, and not disposed of for the service of Your 
INIajesty's Nav)'. 

That such Agent or Factor be further Directed to keep exact and distinct accounts of 
whatever Naval Stores shall come to his iiands, from the said Storekeeper, and of all such 
Moneys as shidl arise by Sale thereof, as likewise of whatever sums of money he shall from 
time to time disburse ibr the subsistence of the said Palatines, or otherwise on their accounts, 
according to such orders and Directions as he shall receive from Your Majesty, on that 

That Freight, Factorage and all other Incident and necessary charges arising from the 
Importation, safe keeping and Sale of such stores, being Deducted, the neat produce thereof 
be in the first place applyd towards the repayment of whatever summs of moiiy shall so 
have been disburs'd for the subsistance or on account of necessaries to be sent with tlie said 
Palatines, and that the residue of such neat Produce be accounted for, and paid over to such 
Storekeeper or Commissary or other person who shall be appointed to receive the same to 
and for the proper use and behalf of such Palatines respectivel}', to whom it doth of right 

And we Rirther Ofter that the Premium given by an Act made in tlie 3'' and 4"' year of 
Your Majesty's Reign to encoui'age the Importation of Naval Stores from Your Majesty's 
Plantations in America, be paid to such Factor or Agent to and for the Sole Benefit of such 
Palatines, who were the Manufacturers of such Stores, in like manner as Premiums are allowed 
to other Importers of Naval Stores from those I'arts. 

Last)}' We humbly ofl'er that the said Palatines upon their arrival there be Naturalized, 
without Fee or Reward, that they may enjoy all such Pri\'ileges and Advantages as are 
Enjoyed by the present Inhabitants of that Province. 

All which is most humbly Submitted 

Ph. Meadows 
j° pulteney 

Whitehall R. Monckton 

Dccemb'' 5"' 1709 Cha. Turner 


Attorney General Montague to Mr. Poj^ple. 

[New-Tork Entries, G. 49S.] 

To M-- Popple 


I herewith return you the Drauglit of the Instrument you sent me Yesterday by command 

of the Lords Commissioners of Trade, which you say is to be proposed to the Palatines who 

are to be sent to New York for them to signe for holding them, to the terms proposed by a 

Representation layd before Her Majesty by the Lords Commissioners of Trade, and upon the 

perusall of the said Representation I have made some few additions to the said Draught, and 

in some places you will find a line drawn under some Words, which I propose to be left out ; 

which severall Amendments I desire you will lay before their Lordships, to whose consideration 

the same are humbly submitted by 

Your faithfull Servant 

December 21" 1709. Ja. Mountague. 

Covenants for the Palatines Residence and Imployment in New York. 

Whereas wee the underwritten Persons Natives of the Lower Palatinate of the Rhine, have 
been subsisted, maintained and supported ever since our Arrival in this Kingdom by the 
great and Christian Charity of Her Majesty the Queen, and of many of her good subjects; 
and Whereas her Majesty has been graciously pleased to order and advance a Loan for us, & 
on our behalf of several very considerable sums towards the transporting maintaining & 
settling of us and our respective Families in Her Majesty's Province of New York in* America, 
and towards the Imploying of us upon lands, for that intent and purpose, to be allotted to us, 
in tlie production and Manufacture of all manner of Naval Stores, to the evident benefit and 
Advantage of us and of our respective Families, and Whereas her Majesty has been likewise 
graciously pleased to give her Royal Orders to the Hon'''^ Collonel Robert Hunter, who has 
now Her Majesty's Commission to be Captain General and Governor in Chief of the said 
Province, and to all Governors of the said Province for the time being, that as soon as we 
shall have made good and repaid to Her Majesty, her Heirs or Successors, out of the Produce 
of our labours in the Manufactures we are to he Emplorjcd in, the full sum or sums of mony in 
which we already are, or shall become, indebted to Her Majesty, bij the jjroduce of oxir labour in 
the Manufacture of all manner of Naval Stores on the Lands to that end to be allotted to us, that tiien 
he the said Colonel Robert Hunter, or the Governor or Governors of the said Province for the 
time being shall give and grant to us and to our Heires for Ever, to our own use and Benefit, 
the said Lands so allotted as aforesaid, to tlie proportion or amount of Forty Acres to each Person 
free from all Taxes, Quit Rents, or other manner of services for seven years, from the date of 
such Grant, and afterwards subjected only to such Reservations as are accustomed and in use 
in that Her Majesty's said Province. 

Now Know all Men by these Presents that we the said underwritten Persons in a grateful 
sense just Regard and due consideration of the Premises, do hereby severally for ourselves, our 
Heirs, Executors and Administrators, covenant, promise and grant to and with the Queen's 
most Excellent Majesty, her heirs and Successors, that We with our respective Families will 
settle ourselves in such place or j^laces as shall he allotted to vs iyi the Province of New York on the 
Vol. V. 16 


Cmiti/icnf of Amrricd, and al)i(lt' and continue liesideut upon tlie Lands so to he allotted to ns 
as aforesaid, /// suck Bodijcs^or HocKtijs as s/ml/lir i/im/g/it iixifull <ir Xccissaii/ ci/hrr Jar airnjiiig 
on the Mtiniijiuliirc (f things j^mjirr fur Nam// N/'//vx or fur the l>il< iici- of vs and the rest of her 
Mctjestifs Sii/i/ects against the French or anij hI/h r of her Majestifs Enemies, and that We will not 
upon any Account, or any manner of Preteiu'e (|uit or desert the said Province, without /eave 
from the Clorernor of the said J'rorince frst hud and o/,tei/ned for so doing, and but that we will to 
our utmost power emjdoy and oct'upy our selves and our respective iamilies in the producing 
and Manuliu'turing- of all manner of Naval t^tores upon the Lands so to l>e allotted to us, or on 
such other Lands as shall he thought more proper for that purpose ««(/ not coneerii ourse/res in 
irorhing i/j.t or making things /le/nnging to t/ie ]\'oid/in Manuftcture, l)ut hehave ourselves in all 
things as becomes dutifull and loyall sulijects and gratetull and faithfull i-^ervants to Her 
Majesty, Her Heires and Successors, paying all due Obedience to the said Honourable 
Colonel liobert Hunter m- to the (iovernor or (io\'ernors of the said Province for the time 
being, and to all 3Iagistrates and other olHcers who sliall from time to time be legally 
appointed and set over us; and toienrds llipaijmrnt of lh:r M<(iistij, her lidrs and Successors, u/l 
such sums'of moneij, us shi or t/teij sha// at am/ time dis/a/rsc fir our sujijiort (did mointcninice ti// ive can 
reap the Benefit if tlie rroduce of our /a/jours, lie shii// inrniit iim/ suffer a// Naca/ Stores /jij us 
Maniifictured to /le put into ILr Majestfs Store houses ichich sha// /le for tliis purpose prorided , under 
the Con of a Coininissanj, le/io is to keep a fiit/ifu/ Account if tlie Goods ichich shii// /le so De/ivered, 
and IVe sliu// ii//oiv out of t/ie neat Produce t/iernf so miicli to /je paid Her Majesti/, hi r heires and 
Successors as upon a fiir account shu// iijijiear to hare /inn Dislnirsed fur Su/jsistancc ef us, or providing 
Necessaries for our finii/ics. In Witness, &c" 

Board of Trade to tlie Jutii of Siindei-Iavd. 

[Xew-Yurk EiUrits, H., 8.] 

To the Right Hon'^'^ the Earl of Sunderland. 

Letter to the E:irl ^\\t Lord. 
of Sunderland wlli 

and^thi'^TIr'nMi'i" Pursuant to Her Majesty's pleasure signified to us by Your Lordships Letter of 
iWrn"i'i',iis'f''r'iT,,. the 10* Listant, we have prepared the Draughts of Instructions to Colonel 
New York and Huuter for the Government of New York and New Jersey as also those relating 

New Jersey k of 

those reiaiin^' to to the Acts of Trade and Navigation, together with Two Additional Instructions 

the Aels of trade c" ' O 

t?onl\''?ns1ruoiians ^o'' Her INIajes'*' Royal Signature, and transmit the same to Your Lordship with 
of^Fefa'^at New our Report thereupon to be laid before Her Majest}', and are, 

York and the Heals 

and Divisions in ]\Jy Lord, 

New Jersey. "^ 

Your Lordships most hum'''^ Servants 

Ph. Meadows 
j" pulteney 
Whitehall Rob' Monckton. 

Deceml/ 23, 1709. Cha. Turner. 


Board of Track to the Queen. 

To tlie Queen's Most Excell' Majesty. 

May it please Your Majesty. 

Having in obedience to your Maj" commands humbly laid before your Majesty Draughts of 
Commissions for Colonel Hunter to be your Majesty's Captain General and Commander in 
Chief of Your Majesty's Provinces of New York and New Jersey, We herewith humbly 
present to Your Majesty Draughts of Instructions for the said Governments which are to tiie 
same purpose as those given to the late Lord Lovelace. 

And whereas William Peartreeoneof the present council of New York has been represented 
to us as a person unfit to serve Your Majesty in that Station, particularly in regard of his not 
giving due attendance at that Board. That Several men who deserted Your Majesty's service 
from on board the Lowstoft and Triton's Prize, are there imployed by the Mayor of New York, 
and by the said Peartree on board their Vessells, contrary to the Act for incouragement of 
the Trade to America and to the prejudice of Your Majesty's service. We therefore humbly 
offer, that he be left out of the said Council, and that D"' Samuel Staats of whom we have 
had a very good character be constituted a Member of the said Council in his stead, and there 
being a vacancy in the said Council by the death of Thomas Wenham, We humbly ofter that 
Robert Walters of whom we have likewise had a good character be constituted by Your Majesty 
a Member of the said Council instead of the said Wenham deceased. 

In case Your Majesty shall approve of this alteration and addition in the said Council, We 
therefore humbly offer as the said Stats and Walters were formerly Members of that Council, 
that they be now reinstated in their places acording to the precedency they then had as has 
usually been done in like cases. 

In relation to the Council of New Jersey Lewis Morris having been suspended by Captain 
Ingoldsby the Lieutenant Governor since the death of the late Lord Lovelace, for reasons 
which do not appear to us sufficient. We humbly offer that he be restored to his place and 
precedency there, and there being two vacancies in the said Council, we humbly offer that 
Thomas Gordon and Thomas Gardner who have been well recommended to us by the 
Proprietors here, as persons fit to serve your Majesty in that Station be constituted and 
appointed Members of the said Councill that the number of Twelve may be compleat. 

And whereas there have been great disputes and differences between the Council and 
Assembly of New Jersey and both have addressed to Your Majesty, each against the other, and 
as Colonel Hunter who is now going over will be the best able when upon the place to inform 
himself of the matters contained in the said Address, we humbly offer that he have an 
Instruction from Your Majesty requiring him to examine into the causes and reasons of the 
said differences and to endeavour all he can, to compose the same. And that in case he shall 
meet with any obstruction therein, that then he represent the matter as it shall appear to him ; 
to one of Your Majisty's principal Secretaries of State, and to Your Commissioners for Trade 
and Plantations, for Your Majesty's pleasure thereupon, and therefore we take leave to add 
hereunto the Draught of an Additional Instruction for that purpose. 

We further take leave to lay before Your Majesty the Draughts of Instructions for Colonel 
Hunter, for his Governments of New York and New Jersey, relating to the Acts of Trade and 
Navigation which are in the usual form. 


And ill Obedience to Your Majesty's Order in Council! of the 1-j"' Instant We furtlier iiumhly 
lay before Your Majesty the Draught of an Additional Instruction to Colonel Hunter, relating 
to the tees of the severall Officers at New York. 

All which is most respeefully submitted. 

Ph : Meadowes 
j"" pulteney 
Whitehall Rob' Monckton 

Decemb"^ 2'i'^ 1709. Cha. Turner. 

Draft of InMrudiom for Bolert Hunter^ Governor of Netv-Yorl\ 

[New-York Entries, U., ;.] 

Memdum these IxsTRUCTioxs for our trusty and well beloved Robert Hunter Esq'' Our Captain 

Instruetinns were 
dated 271h 
Dccembr 1709. 

General and Governonr in chief of our Province of New York and the 
Territories depending thereon in America. Given at Our Court at 
tlie day of in the year of Oar Reign. 

Robtminier 1*' With these our Instructions you will receive our Commission under our 

New York. Great Seal of Great Britain, constituting you our Captain General, and Governor 

in cheif of our Province of New York and the Territories depending thereon in America. 

ondiy You are therefore to fit your.self, with all convenient speed, and to repair to Our said 
Province of New York and being there arrived You are to take upon you the execution of the 
place and trust we have reposed in you, and forthwith to call together the members of our 
Councill for that Province, by name Peter Schuyler, Samuel Staats, Robert Walters, Gerardus 
counciuor's Names Beckman, Rip Van Dam, Caleb Heathcote, Killian Van Ranslaer, Roger Monpesson, 
John Barbarie, Adolphus Philips, Abraham Depeyster, and David ProvostEsquires. 

,,.,,. 3'"^' And vou are with all due and usual solemnity to cause our said Commission 

To publish his •' ^ 

commissa under Our great seal of Great Britain, Constituting you our Captain General and 

Governor in cheif as aforesaid, to be read and published at the said meeting of our Councill. 
To take the Oaths i'^ Which being done you shall Yourself take and also administer unto each 

himself and ad- 

minister the same (jf ^^q members of our said Councill as well the Oaths appointed by Act of 

to the Members of _ 

councui. Parliament to be taken instead of the Oatlis of Allegiance and Supremacy, and 

the Oatii mentioned in an Act entituled. An Act to declare the Alteration in the Oath 
appointed to be taken by the Act entituled an Act for the further security of his Majesty's 
person and the Succession of the Crown in the Protestant line, and for extinguishing the hopes 
of the pretended Prince of Wales, and all other pretenders, and their open and secret abettors, 
and for declaring the Associon to be determined, as also make and subscribe, and cause the 
Members of our said Council to make and subscribe the Declaration mentioned in an Act of 
Parliament made in the 25"" year of the Reign of King Charles the Second Entituled an Act 


for preventing dangers which may happen from Popish Recusants, and you and every of them 
are likewise to take an Oath for the due Execution of Your and their places and trusts, with 
regard to Your and their equall and impartial administration of Justice, and you are also to 
take the Oath required to be taken by Governors of Plantations to doe their utmost that the 
Laws relating to the Plantations be observed. 
Tocommuniciteto 5''' You are forthwith to Communicate unto our said Council such and so many 

the Council such of . . . . . ^ , , ' • -i ^^ 

his Instructions of thesc our Instnictious, wherem their advice and consent are mentioned to be 

where their [advice] 

mentioned to be requisite, as likewise all such others from time to time, as you shall find 

requisite or such 1 ' ' ^ 

tttakflt ""^ ^'^''" convenient for our service, to be imparted to them. 

6'y And whereas the inhabitants of our said Province have of late Years been 
unhappily divided and by their enmity to each other our service and their own 
general welfare have been ver}' much obstructed, you are therefore in the execution of our 
Commission, to avoid the engaging yourself in any Parties but on the Contrary to use such 
moderation as may best conduce to our ser\ace, by quieting the minds of the people and 
reconciling all differences amongst them. 
The Council to have v'x You are to pemiitt the members of our said Councill to have and enioy 

Freedom of Debate ^ ** *^ 

and\ote. freedom of debate and Vote in all affairs of publick concern, that maybe debated 

in Councill 
Not to act with a S">' And althougli by our Commission aforesaid. We have thought fit to direct 

Quorum of less than 

five unless upon that auv three of our Councellors make a Quorum, It is nevertheless Our Will 

j» ecessity. •^ 

and Pleasure that you do not Act with a Quorum of less than five Members, 
unless upon extraordinary imergencies when a greater number cannot be conveniently had. 
To transmit the 9"^ And that we may be alwavs informed of the names and characters of 

names .t characters ^ 

sippKracanciesin pcrsons fit to supply the vacaucics that shall happen in our Councill at New 
councu. York, you are to transmit unto us by one of our Principal Secretaries of State, 

and to our Commissioners for Trade and Plantations, with all convenient speed, the Names 
and characters of six persons, Inhabitants of the said Province and Territories whom you shall 
esteem the best qualifyed for that trust, and so from time to time when any of them shall dye, 
depart out of the said Province or become otherwise unfit, you are to nominate so many 
others to us in their stead, that a list of six persons fit to supply the said Vacancies may 
be always compleat. 
To transmit the 10"^ You are froiii time to time to send to us as aforesaid, and to our 

names and qualities 

totheCouncS"' '" Commissioii" for Trade and Plantations the names and qualities of any member 
or members by you put into our said Council by the first conveniency after 
your so doing. 

Councillors and 11"^ And in the choice and nomination of the members of our said Councill, 

other olBcers to be 

and^Abmtfef "*' as also of the Chief Officers, Judges, Assistants, Justices, and Sheriffs, You are 
always to take care that they be men of good life and well efl^ected to Our 
Government and of good Estates, and abilities, and not necessitous people or much in debt. 
No Councillor to 12'^ You are neither to augment nor diminish the number of our said Councill, 

be suspended with- ^ 

be' Imrtd'^orthe ^^ ^*- ^^ hereby established, nor to suspend any of the members thereof without 

to°brt'ri^'ited?'' good and sufficient cause, and in case of suspension of any of them you are to 

cause your reasons for so doing, together with the charges and proofs against the 


said Persons, and their answers thereunto (unless you have some Extraordinary [Reasons] to 
the contrary) to lie duly [entred] upon the Couneill Books, and you are forthwith to transmit the 
same, together with your reasons for not entring them upon the Council Books (in case you do 
not so enter them) unto us, and to our Commissioners for Trade and Plantations as aforesaid. 
oounoiiiors to lose 1:!"' You are to signify our Pleasure unto the members of our said Couneill of 

tlioirpliioesifal.sfiit ^ 

abwe two years jVew York that if auv of them shall hereafter absent themselves from the said 

without ttie Queen a •■ 

Sj™rnort''i™ive.'''' Province, and continue absent above the space of Twelve Months together, 
witiioiit leave from you or from our Governor, or Commander in Cheif for the 
time being, first obtained, or shall remain absent for the space of two years, or the greater part 
thereof successively, without our leave given them under our Royal Sign Manuel, Their 
places or places in our said Council shall immediately thereupon become void, & that we will 
forthwith appoint others in their stead. 

r..r-..,t-«,irniiv:,i.- i^H' And whereas we are sensible that effectual care ougbt to be taken to 
'?i'r,',,i "' 'L'''i.e o'jI'S"? the members of our Council to a due attendance therein, in order to 
Sordti"" "" prevent tlie many inconveniences tiiat may happen from the want of a Quorum 
of the Council to transact business as occasion may require It is our will and 
pleasure that if any of the members of our said Council shall hereafter wilfully absent 
themselves, when duly summoned, v^'ithout a Just and lawful cause, and shall persist therein 
after admonition. You suspend the said Counsellors so absenting themselves 'till our further 
pleasure be known, giving us timely notice thereof, and we hereb}- will and require you, 
that this our Royal Pleasure be signifyed to the several members of our Council aforesaid, and 
that it be entered in the Council Books of our said Province as a standing rule 
Tiie title of enact- 1.5"' You are to observc in passing of Laws that the stile of Enacting the same 

be by the Covernor, Council and Assembly and no other. 
Directions about 16''" You are also as much as possible to observe in the passing of all Laws, 

passing Laws. , '" 

that whatever may be requisite upon each different matter be accordingly 
provided for by a different law, without intermi.xing in one and the same Act such things as 
have no proper relation to each other, And you are more especially to take care, that no 
clause or clauses be niserted in, or annexed to, any Act, which shall be foreign to what the 
title of such respective Act imports, and that no perpetual clause be part of any Temporary 
law ; and that no Act whatever be suspended, altered, revived, confirmed or repealed by general 
words, But that the title and Date of such Act so suspended altered, revived, confirmed or 
repealed be particularly mentioned and expressed. 
All private acta to 17"'' You are also to take care that no private Act be passed in which there is 

have a saving ' '^ 

clause or tie not a saviug of the rights of us, our Heirs and Successors, all bodies politick or 

Queen's right. r^ o ' ' l 

corporate, and of all other persons, except such as are mentioned in the said Act. 
Not to pass bills of IS"' And whereas great mischiefs may arise by passing bills of an unusual and 

an unusual and ex- _ ° J J f s 

tr,TOniinary mature extraordinary nature and importance in the plantations, which Bills remain in 

without Order. ^ ' ^ ' 

force there from the time of enacting, until Our pleasure be signifyed to the 
Contrary, We do liereby will and require you, not to pass or give your consent hereafter to any 
Bill or Bills in the Assembly of our said Province of unusual and extraordinary nature and 
importance, wherein our prerogative or Property of our subjects may be prejudiced without 
having either first transmitted unto us the Draught of such Bill or Bills : and our having 
signifyed our Royal Pleasure thereupon, or that you take care in the passing of any Act of an 


Unusual and extraordinary nature, that there be a clause inserted therein suspending and 
deferring the execution there of, until our pleasure be known concerning the said Act, to the end 
our Prerogative may not sutler and that our subjects may not have reason to complain of 
hardships put upon them on the like occasions. 

To send copies of lO"" You are to transmit Authentick Copies of all Laws, Statutes and 
aULawsseparaieiy. ^1.^;^^^^^^^^^ ^,^^^ ^^^ „o^y ^^^g ^„jl j„ force, which havc not yet been sent, or 

which at any time hereafter shall be made, or enacted, within the said Province, each of them 
seperately under the publick seal, unto us and to our said Commissioners for Trade and 
Plantations within tiiree Months or by the first opportunity after their being enacted, together 
with Duplicates thereof by the then next conveyance, upon pain of our highest Displeasure 
and of the forfeiture of that year's salary, wherein you shall at any time or upon any pretence 
whatsoever omit to send over the said Laws, Statutes and Ordinances as aforesaid, within the 
time above limited, as also of such other penalty as we shall please to inflict; But if it shall 
liappen that during time of War no shipping shall come from the said province within three 
Months after the making such Laws, statutes and Ordinances whereby y« same may be 
transmitted as aforesaid then the s" Laws, Statutes and Ordinances are to be transmitted as 
aforesaid by the next conveyance, after the making thereof, whenever it may happen, for our 
approbation or disallowance of the same. 

To send all AC. 20'" Aud our further will and pleasure is that in every Act which shall be 

SvaTions upon transmitted there be the several Dates or respective times, when the same past 
the Assembly, the Council, and received your assent and you are to be as 
particular as may be in your Observations to be sent to our Commissioners of Trade and 
Plantations, upon every Act, That is to say whether the same is introductive of a New Law, 
declaratory of a former law, or do's repeal a Law then before in being : And you are likewise 
to send to Our Commissioners the reasons for the passing of such law, unless the same do fully 
appear in the preamble of the said Act. 
Euies about Aci3 21*^' You are to take care that in all Acts or Orders to be past within that our 

for raising of ■ ■ r i A*.' T^ 

money. proviuce iu any case for levying money or imposing hues, and penalties, i.xpress 

mention to be made, that the same is granted or reserved to us, our Heirs and Successors for 
the publick uses of that Our province and the support of the Governments thereof, as by the 
said Act or Order shall be directed. 
^. ,. . , 2-2"'^ Whereas we have been informed that Intelligence has been had in France 

Directions about *-■ 

Leitera. ^f jj^^ g^^^^^ ^f q^,. plantations by Letters from private persons to their 

Correspondents in Great Britaine, taken on board ships coming from the Plantations and 
carryed into France, which may be of dangerous consequence if not prevented for the future, 
Our Will and Pleasure is. That you signify to all Merchants, Planters and others that they 
may be very cautious in giving an Account by letters of the publick state and condition of our 
said Province of New York and you are further to give directions to all Masters of Ships, or 
other persons to whom you may intrust your letters that they put such letters in a bagg with 
a sufficient weight to sink the same immediately in case of imminent danger from the enemy. 
And you are also to let the Merchants and Planters know how greatly it is for their interest 
that their letters should not fall into the hands of the Enemy ; and tlierefore that they should 
give the like orders to the Masters of Ships in Relation to their Letters ; and you are further 
to advise all Masters of Ships, that they do sink all letters in case of danger in the manner 
before mentioned. 


To prevent cnr- 2o. And wluTeas ill tlif late war the Mercliants and Planters in West Indies 

ri'spondence with 

i'r^mee. (\[,\ correspond and trade with the Frencli, and carry intelligence to them, to the 

great prejudiee and hazard of the British rianlations; You are therefore by all possible 
methods, to endeavour to hinder all such trade and Correspondence with the French, whose 
strength in the West Indies gives very just apprehensions of the Mischeifs that may ensue, if 
the utmost care be not taken to prevent thein. 

To comply with it-t"' Wliercas an Act was past here in tlie G"' and 7"' years of our Keign 170i 

cour'aKemt of the Entltulcd All Act for the Encouragem' of the Trade to America a copy 

Triiile to America. '~ 

whereof will be herewith delivered to you, You are to take care that the 
same be complyed with. 
Nottoaweptany ^5"' Wlicreas several inconveniences have arisen to our Government in the 

l)reaent from the . i /--i i a i t 

Assembly. PlaiitiitioHS by gifts and presents made to our Governors oy the Gen' Assemblies, 

It is our e.xpress Will and pleasure that [you our Governor] nor any Governor, Commander in 
Chief or Presdient of the Council of our said Province of New York for the time being, do 
give your or their Consent to the passing any Law or Act for any gift or present to be made 
to vou or them by the Assembly, and that neither you nor they do receive any gift or present 
from the Assemblv or others, on any Account or in any manner whatsoever upon pain of our 
Highest displeasure and of being recalled from that our, (Government. 

Salary allowed L'(i"' And wlicrcas the Salary of (jOO£ Sterling per annum formerly assigned 

for the Governor in Cheif out of our Revenue arising there, was not thought 
sufficient for his support. We have thought fit that C)00<C sterling p"' Annum more be added, 
out of our said Revenue to the said former Salary of the Governor of our said Province for 
the time being, amounting in the whole 1200<C sterling per Annum, which you are hereby 
empowered to take to yourself as Governour. 

Money formerly -7"' And wliereas by this increase of Salary, the general Assembly of our said 

S7"«"v'™'r' Province will have an opportunity and be in a condition of applying those sums 
to the .ie[Wnce of which tliev usually gave in presents to the Governors, or Lieutenant Governor's 

the I'mvinee] .' J O 1 

by the temporary levies towards such other publick uses, as may be most necessary 
for the defence and safety of the said Province, We do not doubt but that in consideration 
of our care in exempting our good subjects from the customary burthen of Presents, the said 
Assembly may be the more easily induced to contribute in a more ample and eft'ectual manner 
totheir own safety and Preservation. 
This Declaration L'^"' And we do further direct & require that this Declaration of our Royal 

to be registred in i,*,,,*^ -r 

couneii & Assem- Will aud uleasurc be communicated to the Assembly at their nrst meeting alter 

bly'8 Books. ' . . 

your arrival in our said Province, and entered in the Registers of our Council 
and Assembly, that all persons, whom it may concern, may govern themselves accordingly. 
, ^ ^, . 29"' And whereas we are willing in the best manner to provide for the support 

In the absence of ~ i r i 

pr'estremToiher of the Government of our said Province, by setting apart sufficient allowances to 
chSnorlhe'tfrae sucli as shall be our Governor, Lieutenant Governor, Commander in Cheif or 

beino^ to have one ._^.i ^i^-, ., .t n , • i- • ,^ • i .r-\ 

moiety of the President of the Council residing for the tune being within the same, Uur will 

Salary. » . ° 

and PLEASURE therefore is That when it shall happen that you shall be absent 
from tlie Territories of New York and New Jersey, of which we have Appointed you Governor, 
One full moiety of the Salary and of all perquisites and emoluments whatsoever, which would 
otherwise become due unto you, shall during the time of your absence from the said 


Territories, be paid and satisfied unto such Governor, Lieutenant Governor, Commander in 
Cheif or President of our Council who sliall be resident upon the place for the time being, 
wiiicli we do hereby order and allot unto him towards his maintenance and for the better 
Except it be on tho support of the Dignity of that our Government, Provided nevertheless and it is 
rica np"'n Her^Ma" our intent and meaning that whenever you shall think it necessary for our service 
to go into our Colony of Connecticut to view and regulate the Militia, whereof 
we have appointed you bur Captain General and Connnander in Cheif, or whenever we shall 
think fit to require you, by our especial order, to repair to any other of our Governments on 
the Continent of America for our particular service. That then and in such case, you shall 
receive your full salary, perquisites and emoluments, as if you were then actually residing 
within our Province of New York and New Jersey or either of them : Any thing in these our 
Instructions to the contrary in any wise notwithstanding. 
Nottocometo 30"" Aud whereas great prejudice may happen to our service and the security 

Europe without ,- , • i t, ■ i n • , rr- • 

leave. 01 the said i'roviiice, by your absence from tliose parts, without sumcient cause 

and especial leave from us ; For prevention thereof you are not upon any pretence whatsoever, 
to come to Europe from your Government without haveing first obtained leave for so doing 
from us under our sign manual and signet, or by our order in our privy Council. 
Aiimoneyiobe 3P' You are uot to permit any clause w'hatsoever to be inserted in anv law for 

accounted for to , t t r i i i 

the Queen and Ld ievving uiouy or the value 01 money whereby the same sliall not be made Ivable 

Treasurer. j o j j j j 

to be accounted for unto us here in Great Britain and to our High Treasurer or 
our Commissioners of our Treasury for the time being. 
Attested Accounts 32"* Aud wc do Particularly require and eniovn you under the pain of our lii'di 

of the Revenue to ' " . . ./ i o 

be Transmitted half- displeasure to take care that fair books of Accounts of all Receipts & Payments 

yearly. '- i •• 

of all such money be duly kept, and the truth thereof attested upon oath, and 
that the said Books be transmitted every half year or oftener to our High Treasurer or our 
Commissioners of our Treasury for the time being, and to our Commissioners for Trade and 
Plantations and duplicates thereof by the next conve3'ance. In which books shall be specifyed 
every particular sum raised or disposed of together with the names of tlie persons to whom 
any payment shall be made to the end we may be satisfyed of the right and due application 
of the Revenue of our said Province and the Territories depending thereon. 
Mony to be issued 33"" You are iiot to sufter any publick money whatsoever to be issued or 

by liis Warrant ./ j. J 

co'uncii'"'^'' °' disposed [of], otherwise than by Warrant under your band by and with the Advice 
and Consent of the said Councill, but the Assembly may be nevertheless 
permitted from time to time to view and Examine the Accounts of money or 

value of money disposed of by vertue of Laws made by them, which you are to signify unto 

them as there shall be occasion. 

No law for raising 34<'i And it is our Expross Will and pleasure that no law for raisino- anv 

a Faxon Wines &c '- ^ o "*V 

a Year"^ '''^ ""^ imposition on Wines and other strong liquors be made to continue for less than 
All other laws (ex- """^ whole year: As also that all other laws whatsoever, for tiie good 
feTpor'i'rrend) to Government and Support of the said Province be made indefinite and without 
limitation of time, except the same be for a temporary End, and which shall 
expire and have its full effect within a certain time. 

Vol. V. 17 


S-j"" And therefore you sliall not re-enact any law which has or shall have heen 
once Enacted there, except upon very urgent occasions, hut in no case more than 
once without our express consent. 
Not to pass any SG"" You shall tiike care that an Act past liere in the G year of our reign, 

Laws for altering >-, ■ • tt ■* t • 

coniSlVihe^Act eutltuled an Act for ascertaining the rates of foreign Comes in Her Majesty s 
or I'arnaimnt. plantations in America, he duly observed and put in execution within your 

Not to lessen tbo 37"' And you are particularly not to pass any Law or do any Act by Grant, 
Settlement, or otherwise, whereby our Revenue may be lessened or impaired 
without our especial leave or Comand therein. 
Not to dispose of 38"" You shall not remit any Fines or Forfeitures whatsoever above the suiiim 

fines above Ul£ or •' 

dispose of eseiui.19 of tenu pouuds, uor dispose of any Escheats, Fines or Forfeitures whatsoever, 
untill upon signifying to Our High Treasurer or our Commissioners of our 
Treasury for the time being, and to our Commissioners for Trade and PliUitations, the nature 
of the offence and the occasion of such fines, forfeitures or Escheats with the particular sums 
or value thereof (which you are to do with all speed when you have received our Directions 
therein) ; But you may in the mean time suspend the payment of the said Fines and 
The sec'ry to pro- SO"" You are to reciuire the Secretary of the said Province or his Deputy for 

vide Copies of Aels \ J i- J 

•S'ca the time being, to furnish you with transcripts of all such Acts and publick orders 

as shall l)e made from time to time together with a Copy of the Journals of the Councill, To 
the end the same may be transmitted unto us, and to our Commissioners for Trade and 
Plantations, as above directed; Which he is duly to perform upon pain of incurring the 
forfeiture of his place. 
And Clerk of As- 40. You are also to require from the Clerk of the Assembly or other Proper 

senibly Copies of ^hit , i,t-» i*- pi •! 

Journals &ca Officer, Traiiscripts of all the Journals and other Proceedmgs of tlie said 

Assembly, to the end the same may in like manner be transmitted as aforesaid. 
To send a Map of 41"' You sliall transmit unto us and to our Commissioners for trade and 
the Indian cumiiry. Plantations, by the first opportunity, a Map with the exact description of the 
whole territory under your Government, with the several plantations upon it, and of the 
Fortifications, and you are likewise to use your best eiide:ivours to ]u-ocure a good Map to be 
drawn of all the Indian Country in the Neighbourhood of our Plantations in those parts, 
marking the names of the several nations (as they c;ill themselves, and are called by the 
English, and French) and the places where they inhabit, and to transmit the same in like 
To send a list of 42'' You are likewise to send a list of all Officers employed under your 

Officers and aeer.unt ' ■ •' 

of the uevenue. Govemnient, together with all publick charges and an account of the present 

Revenue, with the probability of the encrease or diminution of it under every head or Article 


Not to displace oHi- 43. You shall not disiilace any of the Juil2;es, Justices, Sheriffs or other officers 

cers williout good i . - 

cause. or Ministers within (_)ur said Province of New "iork, without good and sufficient 

cause to be signifyed unto us, and to our Coiumissioiiers for Trade and Plantations, And 
to prevent Arbitrary Reinovalls of Judges and Justices of the peace, You shall not express 
any limitation of time in the Commissions which you are to grant with the advice 


Not to execute nny and Consent of our Councill of the said Province, to persons fit for those 

of the sd ofHi-es l)y 

himseiror Deputy, employments: Nor shall you execute by yourself or Deputy any of the said 

Iso person to I'Xe- t^J' ^ j j i j j 

by'riepuiy!'""""'* offices, nor suffer any person to execute more offices than one by Deputy. 

To suspend Patent 44. Wliercas We are ^iven to understand that there are several! offices within 

cflieera upon mis- 
behaviour but not oyr said Province, trrantcd under our great seal of tliis Kinsrdoui, and that our 

to (iisposi^ of their ~ ~ n ' 

order! "'"''"" scrvice may be very much prejudiced by reason of the absence of the Patentees 
and of their appointing Deputies not fit to officiate in their stead, You are 
therefore to inspect the said Offices, and to enquire into the Capacity and behaviour of the 
persons now exercising them, and to report thereupon to us, and to our Commissioners for 
Trade and Plantations what you think fit to be done or altered in relation thereunto ; And you 
are upon the misbehaviour of any of the said patentees or their deputies to suspend them from 
the execution of their places, 'till you shall have represented the whole matter, and received our 
directions herein. But yon shall not by colour of any power or Authority hereby or otherwise 
granted or mentioned to be granted unto you, take upon you to give, grant or dispose of, any 
office or place within the said Province, which now is or shall be granted under the great seal 
of Great Britain, any otherways than that you may upon the vacancy of any such office or 
place or suspension of any such officer by you as aforesaid, put in any fit person to officiate in 
the interval, 'till you shall have represented the matter unto us, and to our Commissioners for 
Trade and Plantations as aforesaid ; which you are to doe by the first opportunity, and untill 
the said Officeor place be disposed of by us, our heires or successors under the Great Seale 
of Great Britain, or that our further directions be given therein. 
Pirates Effects to 4-5. In casc any goods money or other Estate of Pirates or Piratically taken 

be secured 'till J & J J 

further Order. s\u\\\ be brought in or found within our said Province, or taken on board any 
ships or vessells, you are to cause the same to be seized and secured, untill you shall have 
given us an account thereof, and received Our pleasure concerning the disposal of the same, 
if perishable the But iu case such goods or any part of them are perishable, the same shall be 

produce lo be ^ j i 

secured. publickly sold and disposed of, and the produce thereof in like manner secured 

untill our further Order, 
Tryais of Pirates 40. Aud whcreas Commissious have been granted unto several persons in our 

to be agreeable to '^ . . , 

the Act for sup- respective plantations in America for the Trying of Pirates in those parts, 

prcssion of piracy. ^ ^ j o *■ 

pursuant to the Act for the more eliectual suppression of Piracy, and by a 
Commission already sent to Our Province of New York, you (as Captain General and Governour 
in Cheif of our said Province) are impowered, together with others therein mentioned, to 
proceed accordingly in reference to our said Province Our Will and pleasure is That in all 
matters relating to Pirates you govern yourself according to the Intent of the Act and 
But accessories &c Commission aforementioned. But whereas accessories in Cases of Piracj^ be3'ond 

to be sent to i t i -i r 

England. the seas, are by the said Act to be tryed in England, according to the btatnte of 

the 28"" of King Henry the 8"" we do hereby further direct and require you to send all such 
Accessories in Cases of Piracy in our foresaid Province into this Kingdom with the proper 
evidences that you may have against them in Order to their being Tryed here, and you are 
To give Notice to give uotice of this our pleasure herein to our Province of New Jersey and 

tliereof in New ° '■ • i l 

Jersey & connecti- to the Goveruour and Company of our Colony of Connecticut, that tney may 

conform themselves thereunto. 
Not to Erect any 47"" You sliall not crect any Court or office o-f Judicature not before Erected 

new Court or OiBce. ^ 

or established nor dissolve any Court or Office already erected or established 


witliout our especial Order, But in regnrfl we linve heen informed that there is a 
., , , great want of a particular Court for determining of small causes, you are to 

i-xccpt for tryal o i o *< 

of small causes. reconinieud it to the Assembly of our said province that a Law be passed for the 

constituting such Court or Courts for the ease of our Subjects there. And you are from time 

to time to transmit to our said Commissioners for Trade and Plantations an Exact Account of 

what causes have been determined, what shall be then depending, as likewise an Abstract of 

all proceedings in the several Courts of Justice within Your said Government. 

To senri an Ao- 48"^ You are to transmit unto us and to our Commissioners for Trade and 

offlcc-.s.s:c ' Plantations, with all convenient speed, a particular account of all Establishments 

of Jurisdictions, Courts, ( )llices and Officers, Powers, Authorities, Fees and Priviledges, 

granted or settled within the said Province, to the end you may receive our further Directions 


To regulate saia- 49"' And you are with the advice and Consent of the said Comicill to take 

especial care to regulate all Salaries and Fees belonging places, or paid upon 
Emergencies that they be within the bounds of moderation, and that no exaction be made 
upon any occasion whatsoever ; As also tliat Tables of Fees be publickly hung up in all 
places, where such Fees are to be paid ; And you are to transmit Copies of all such tables of 
Fees to us and to our Commissioners for Trade and Plantations as aforesaid. 
To call a Court -50"' Whcrcas it is necessary that our riglits and Dues be preserved and 

recovered, and that speedy and ellectual justice be administered in all cases 
relating to our Revenue ; You are to take care that a Court of E.xchequer be called, and do 
meet at such times as shall be needfull, and you are upon your arrivall to inform us and our 
Commissioners for Trade and Plantations, whether our Service may require that a constant 
Court of E.xchequer be .settled & Established there. 
To punish accorj- ')! You are to take care that no man's life, member, freehold or goods be 

taken away or harmed in our said Province otherwise than by Established and 
known Laws, not rejiuguant to but as much as may be agreeable to the Laws of this 

To administer the 52. You sliall administer or cause to be administered the Oaths appointed by Act 
cii'iorVAiemh™' of Parliament to be taken instead of the Oaths of Allegiance and Supremacy, and the 

XUn, Officers ic. , , i i • • 

Oath mentioned in the foresaid Act, Entituled An Act to declare the Alteration in 
the Oath Appointed to be taken by the Act, intituled an Act for the further Security of His 
Majesty's person and tlie succession of the crown in the Protestant Line, and for extinguishing 
the hopes of the pretended Prince of Wales and all other Pretenders and their open and secret 
abettors, and for Declaring the Association to be determined, to the Members and Officers of 
our Councill and Assembly and to all Judges and Justices, and all other persons that hold any 
Office or place of Trust or proKt in our said Province, whether by Vertue of any patent under 
our great seal of this Kingdom, or our publick seal of New York or otherwise : and you shall 
also cause them to make and subscribe the aforesaid Declaration, without the doing of ail 
which you are not to admitt any person whatsoever into any publick Office, nor suffer those 
that have been admitted formerly to continue therein. 
To permit Liberty 53'' You are [to] permit a Liberty of Conscience to all Persons (except Papists) 

of Conscience to i , • i i , • /■ i 

all except Papists, go thcy be contented with a quiet and peaceable enjoyment of the same, not 
eiviug Offence or Scandal to the Government. 


To send ihc number 54''' You shiill Send to US and to our Commissioners for Trade and Plantations 
Ijy the Conveyance of any of our ships of War an Account of the present 
number of Planters and Inhabitants, Men, Women and Children, as well Masters as Servants, 
Free and unfree, and of tiie slaves in our said Province, as also a yearly account of the 
Encrease or Decrease of them and how many of them are fit to bear Arms in the Militia of 
our said Province. 
To send account -55"' You shall also cause an exact account to be kept of all persons born 

of all ISirlhs, _ ^ ' 

Buriaiis&c. cliristcued and buryed, and you shall yearly send fair abstracts thereof to us and 

to our Conunission(>r.s for Trade and Plantations as aforesaid. 

All Christian inha- 56"' You shall take care that all Planters and Christian servants be well and 

bitants to be pro- 
vided with Arms &c. fitly provided witli Arms; and that they be listed under good Olticers, and when, 

and as often as shall be thought fit, mustered and trained, whereby they may be in a better 

readiness for the defence of our province under Your Government, and You are to use Your 

utmost endeavours that such Planters do each of them keep such a number of White Servants, 

as by Law is directed, and tbat they appear in Arms, when thereunto required. 

Not to mai;e nnnc- 57"' You are to take especial care that neither the frequency nor unreasonableness 

cessary Marches. ^ i .^ 

of their Marchings, Musters and Trainings be an unnecessary impediment to the 
affairs of the Inhabitants. 
Kot to execute Law 58"" You shall not upou auy occasion whatsoever establisb or put in execution 

Martial without l J l 

consent of Council, gny Articles of War or other Law jNIartial, upon any of our subjects, Inhabitants 

of our said Province without the advice and consent of our Councill there. 

TojjetaLawpassM 59"' And whcrcas thei'e is no power given you by your Commission to execute 

for punishing .Vu- f a J J J 

""^ ■*"=■ Martial Law in time of peace, upon Soldiers in pay, and that nevertheless it may 

be necessary, that some care be taken for the keeping of good Discipline amongst those that 
are now in our said Province, or that we may at any time hereafter think fit to send into our 
said Province (which may properly be provided for by the Legislative Power of the same) 
You are therefore to recommend unto the General Assembly of our said Province, that (if not 
already done) they prepare such act or Law for punishing of Rlutiny, Desertion and false 
Musters, and for the better preserving of good Discipline amongst the said Soldiers, as may 
best answer those Ends. 
To suspend Cap- 60. And whereas, together with other powers of Vice-admiralty you will receive 

tains Ac of -Ships ° '^ •' •' 

for negligence &0 Authority from our High Admiral of Great Britain and of our Plantations, upon 
the refusal or neglect of any Captain or Commander of any of our Ships of War to execute 
the written orders he shall receive from you for our service and the service of our Province 
under your Government or upon his negligent or undone execution thereof, to suspend such 
Captain or Commander, from the e.xercise of his said office of Captain or Commander and to 
Andtocommithim commlt him iuto Safe custody, either on board his own ship or elsewhere at your 

sen hunhome. discretion, iu Order to his being brought to answer to such refusal or neglect, by 
Commission either under our great seal of this Kingdom, or from our High Admiral, or our 
Commissioners for executing the office of High Admiral of Great Britain for the time being; 
And whereas you will likewise receive direction from our High Admiral of Great Britain, and 
of our Plantations, that the Captain or Commander so by you suspended, shall during such his 
To be succeeded Suspension and commitment be succeeded in his said office, by such Commission 

ue course. ^^ Warrant Officer of our said ship, appointed by our said High Admiral of Great 


llritiiin, or by our Coniniissioners for expcuting tlie office of our Hijili Admiral of Great 

Britain for tiie time being, as liy tlie known practice and discipline of our Navy does and 

ought next to succeed as in case of Death, sickness or other ordinary disability liappening to 

tlie Commander of any of our Ships of War, and not otherwise. You standinsr 

Til slnnrl acpnunia- J 1 ' 'a 

lunoo'ofMie'c'rime accountablc for the truth and importance of the crime and misdemeanour for 
s'l'.spemian'y^ ''''"'' which viiu shall so proceed to the sus]H-iiding of such our Captain or Commander. 
1 ou are not to exercise tlie said power of snspeiidmg any sucii Captains or 
Commanders of our Shijis of War, otherwise than hv virtue of such Coininission or Authority 
fi-oni our said High Admiral, any (brmer custom or usage notwitlistanding. 
Tn send acroiinis (il. You are to demand an Account from all iiersons concerned of the Arms, 

of Anns, Animiiiii- _ ^ ' 

"""•^^'- Ammunition and stores sent to our said I'rovince under your Covernment from 

our Otiice of (_)rdnance iiere, as likewise what other Arms, Ammunition and stores have 
hcen Ijought with the ]>ul)lick niony for the service of otu' said Province, and how the same 
have been imployed, and whether any of them, and how many of them havt' been sold, 
spent, hjst, decayed or dis|)osed of, and to whom and to what uses, and to transmit the said 
account unto us, and to our Commissioners for Trade and IMantations as aliu'esaid. 

C>-2. You shall take an Inventory of all Arms, Ammunition and Stores remaining 
in any of our Magazines or Garrisons in (^ur Province under Your Government, 
and immediately alter your arrival transmit the same to us and to our Commissioners for Trade 
and Plantations and tlie like Inventory afterwards iialf yearly. As also a Duplicate thereof to 
our Master General or Principal officers of our Ordnance which accounts are to express the 
particulars of Ordnance, Carriages, Ball, Powder and all other sorts of arms and ammunition 
in our Publick Stores, at your said arrival, and so from time to time of what shall be sent to 
you or bought with the said publick niony and to specify the time of the disposal & of the 
occasiiMi thereof. 
To settle fit storo- (')■} Yoii are to take Especial care that lit storehouses be settled throu2:liout 

lionat'sforaruisicJ ... 

our said Province, for receiving and keeping of arms, ammunition and other 
public stores. 
Copies of Entries G4: Aud that we may be the better informed of the Trade of our said Province, 

to 1)0 sent of all •' 

c.ooiiaexporud or Yqu are to take especial care, that due Entries be made in all Ports of our said 

iiiipnrk'd quarlerly. l ' 

Province, of all Goods and Commodities, their species and quantities, imported 
or exported from thence, with the Names, burthen and gunns of all Siiips importing and 
exporting the same, also the Names of tlieir Comanders, and likewise expressing from and to 
what places the said ships do come and goe (a Copy whereof the Naval officer is to furnish 
you with) and you are to transmit the same unto us, our High Treasurer or Coniissioners of 
our Treasury for the time being, and to our Commissioners for Trade and Plantations 
quarterly, & Duplicates thereof by the next conveyance. 
To endeavour the GS"" You are likewise to examine what Rates and Duties are charged and 

Improvement of ^ ^ 

Trade &c. payable upon any Goods imported or Exported within our Province of New York, 

whether of the growth and manufacture of the said Province or otherwise : And to use your 
best Endeavours for the Improvement of the Trade in those parts. 
To encourage the 6G"' And whcrcas ordcTS have been given for the Comissionatins; of fit 

OffleersoflheAdmi- ^ ° '^ 

rally and Customs. Persoiis to be Officers of our Admiralty and Customs in our Province of New 
York and our Colony of Connecticut, of both which you are appointed Vice Admiral; 


And it being of great importance to the trade of this Kingdom, and lo the Welfare of our 
Plantations, tiiat illegal Trade be every where discouraged ; You are therefore to take 
Especial care that the Acts of trade and navigation be duly put in execution ; and in order 
thereunto, You are to give constant protection and all due incouragement to the said Officers of 
our Admiralty and Customs in the Execution of their respective Offices and Trusts. 
To give account of 67"" Y"ou are from time to time to give an account as before directed what 

tin- slrenglh &c of i i t t , \ i -. i 

his jjeiguboura. Strength your bordering Neighbours have (be they Indians or others) by bea and 

Land, and of the Condition of their Plantations, and what Correspondence you do keep with 


Religion. GS"' You sliall take especial care that God Almighty be devoutly and duly 

served throughout your Government, the Book of Common Prayer, as by law 
established, read each Sunday and Holy Day, and the Blessed Sacrament administred according 
to the Rites of the Church of England, 
cimrches. Gi)"'. You shall be careful tliat the Churches already built there be well and 

orderly kept, and that more be built as the Colony shall by Gods blessing be 
Minister improved, and that besides a competent maintenance to be assigned to the Minister 

of eacii ortiiodox Clnircli, a convenient house be built at the common charge ibr each Mhiister, 
and a Competent proportion of glebe assigned him. 
Parishes to be limi- 70. And vou are to take care that the Parishes be so bounded and settled as you 

ted and settled. _ •' ... 

shall find most convenient for the accomplishing this good work. 
No Minister to be 7 1. You are uot to i)refer any minister to any Ecclesiastical Benefice in that our 

prcf.-rred williout I J J 

certiticaie from the Proviuce, witliout a Certificate from the Right Reverend Father in God the Lord 

Up of Loudon. ' ^ 

Bishop of London of liis being conformable to the Doctrine and Discipline of the 
Church of England, (and of good life and conversation) and if any person preferred already 
to a Benefice shall appear to give scandal either by his Doctrine or manners you are to use the 
proper and usual means for the removal of him, and to supply the vacancy in such manner as 
we have directed. 
Ministers to be of 72. Y'ou are to givc Order forthwith (if the same be not already done) that 

every orthodox Minister witiiin Your Government be one of the Vestry in hi.s 
respective parish and that no Vestry be held without him, except in case of sickness or that 
after Notice of a Vestry summoned he omit to come. 
To inform the 73. You are to enquire whetiier there be any minister within your Governm' 

Bishp of London if ' ■' i /~,i , /-,i i 

any preach with- -^1^0 prcaches and administers the Sacrament in any ortiiodox Church orChappel 

out Orders. ^ '' ^ ^ 

without being in due Orders and to give an account thereof to the said Lord 
Bishop of London. 
To Collate to Bene- 74. And to the cud the Ecclesiasticall Jurisdiction of the said Bishop of London 

flees, Grant Lycen- ^ ttt j i • i 

«s&c niay take place in that Province, so far as conveniently may be. We do think 

fit that you do give all countenance and Encouragement to the Exercise of the same ; Excepting 
only the collating to Benefices, granting Licenses to Marriges, and Probate of Wills, wliich we 
have reserved to you our Governour and to the Comander in Cheif of our said Province for 
the time being. 
None to go from 75. We do further direct that no Schoolmaster be henceforth permited to come 

England to keep 

ou'i''Lycensl! frim ^''°"^ ^^^^^ Kiugdome and to keep school within our Province of New York without 
London.''"'' "' the Lycense of the said Lord Bishop of Loudon, and that no other person now 


tliere or tliat sliall come from other parts, be admitted to keep school without your License 

first obtained. 

T.ibic3 or Marria- 7f>"' Aud vou are to take Esiiecial care that a Table of Marriasies, established 

gfs til be luing up • ' ■" 

m Churches i;,y the Canous of the Church of England, be hung up in every orthodox church 

and duly observed : and you are to endeavour to get a Law past in the Assembly of that 
Province (if not already done) for the strict observation of the said Table. 
Topuni^ii Drunk- 77. You are to take care tiiat Drunkenness and Debauclu'rv, ^Swearing and 

ry-'^f- Blasphemy be discountenanced and punished, And (or the further tliscountenance 

of vice and Encouragement of vertue aud (lood Living (tliat by such example the Lifidels 
Scandalous persons may be iuvitcd & desire to partake of the Christian Religion) you are not to 

to be 'lebarr'd Crom ' '"I'-iiT' 1 

I'ubiick Trust. admit any person to publick trusts and emjiloyments wliose ill r ame and 

Conversation nuiy occasion scandal. 

To suppress the En- 7"^"' You are to supprcss the ingrossing of Commodities, as tending to the 

CrosSUliJOf Com- ... ,. , ,. , i • ^ rwT i 1 >-, I . j_ T 1 * 

mociiiies ami to prejiuhce of that h-eednm which trade and Commerce ouglit to liave, and to 
settle sucli orders and Regulations therein with the advice of Our said Councill 
as may be most acceptable to the Generality of the Inhabitants. 
Toenooura!»eMer. 70. You are to givc all duc eucoui-agement and invitation to Merchants ami 

c]i:in[a and the '" '" . Ml 

A rneau Company, otlicrs, who sliuU bring trade unto our said province, or any way contribute to the 

advantage thereof, and in particular to the Royal African Company of England. 

Due payment to be SO"' And as wc are wiUiug to recommend unto the said Com})anythat the said 

made for Negroes. , . ,- n r i i i t\t 

Province may have a constant and suthcient supply oi JMercliantable INegroes at 
moderate prices, in money or Commodities, so you are to take Especial care that Payment be 
duly made, anil within a com])etent time according to their Agreements. 

No Trade to Africa SI. Aud VOU are to take care that there be no trading from tlie said Province 
thc.ict for settling to auv pbice ill Africa, within the charter of the Royal African Company, 

that trade. J I ' J i • 

otherwise than prescribed by an Act of Parliament past in 1697, Entituled An Act 
to settle the Trade to Alrica. 

To send i yearly Si. And wc do further expressly command and require you to give unto us 

Imported " m^j to our Commissioners for Trade and Plantations an Account every half year 

of what number of Negroes tiie said Province is supplied with, that is what number by the 
African Companey and what by seperate traders and at what rates sold. 

S3. You are likewise from time to time to give unto us and to our Commissioners for Trade 
and Plantations as aforesaid, an account of the Wants and Defects of the said Province ; 
What are the chief products thereof, what new improvements are made therein by the industry 
of the inhabitants or planters, and what further Improvements you conceive may be made ; or 
advantages gained by Trade, and which way we may contribute thereunto. 
Not to grant Com- S4. You arc uot to grant Commissious of Marque or Reprisals, against any 

missionsof Marque _ ,.i..»- -i, ij_ 

&c without Order. Pniicc, or i>tate, or their subjects in Amity, witli us, to any person whatsoever, 

with out our especial command 

Direeiions about S-5. Whcrcas great Inconveniences do happen by Merchant Ships and other 

Colours to be , . ■ ,^'r . • 1 1 11 CI ■ i- TIT J 

worn by Merchant Vessels 111 the Plantations, wearing the colours horn bv our bhips ot War under 

Ships, &o. ' o ■ r , ■ 1 

pretence of Commissions granted to them by the Governors of the said 
Plantations, and that by Trading under those colours, not only amongst our own subjects, 
but also those of other Princes and States & committing divers Irregidarities they do very 



much dishonour 
our service for pre- 
vention whereof 
you are to oblige 
the Commanders of 
all such ships to 
which you shall 
grant Commission 
to wear, no other 
Jack than accord- 
ing to the Sample 
here Discribed, 
that is to say such 
as is worn by our 
ships of war, with 
the Distinction of 
a White Escutch- 
eon in the middle 
thereof, and that 
the said mark of 
Distinction may 
extend itself one 
half of the depth of the Jack, and one third of the fly thereof 

Appeals to be ai- 86. OuR WILL and PLEASURE is That appeals be permitted to be made 

in Cases of Error from the Courts in our said Province unto you and 
the Council! there, and in your absence from our said province to the 
Commander in Cheif for the time being and the said Council! in Civill Causes, wherein 
particular sucli of our Said CounciU as shall be at that time Judges of the Court from wheuec 

directions. ^ -,>-, ■n..i/-i J ' 

such shall be made to you our Governour and CounciU or to the Commander in 
Cheif for the time being, and Counsell as aforesaid, shall not be permitted to vote upon the said 
appeal; But they may nevertheless be present at the hearing thereof to give the reasons of the 
Judgment given by them in the Cause wherein such appeal shall be made, Provided 
nevertheless that in all such appeals the sum or value appealed for do exceed one hundred 
pounds sterling, and that security be first duly given by the Appellant to answer such charges 
as shall be awarded, in case the first sentence be affirmed. And if either party shall not rest 
satisfyed with the Judgment of you or the Commander in Cheif for the time being and 
may appeal to the CouHcill aforesaid, OuR WiLL AND PLEASURE is, That they may then appeal unto 

Queen if the value i j r i 

exceed 800U us in our Privy Council!, Provided the sum or value so appealed tor unto us 

do exceed three hundred pounds sterling and that such appeal be made within 
fourteen days after sentence and good security given by the Appellant that he 
will effectually prosecute the same, and answer the condemnation, as also pay such costs and 
damages as siiall be awarded by us, in Case the Sentence of you or the Commander in Ciieif 
for the time being and CounciU be affirmed. Provided also that the execution be not suspended 
by reason of any sucli appeal to us. 

Vol V. 



S7. You are also to permit appeals to us in Councill, in all Cases of Fines 
imposed for Misdemeanours Provided the Fines so imposed amount to or exceed 
ihe'appluamghins ^'^^^ value of Two Hundred Pounds, the appellant first giving good security that 
^'■™''"'' he will effectually prosecute the same and answer the condemnation, if the 

sentence, by which such Fine was imposed in New York, shall be confirmed. 
To pass a Law for 88"' Whcreas in the 7"' Assembly and 7"' Session beginning the 2"^ of March 

the Qualification of _ ^ _,,.., -, 

jitrors. 1(598 and ending the 16"' of May 1699 An Act was past at New lork intituled 

an Act for the regulating and returning able and sufficient Jurors and confirmed the S"* of 
September 1700, which Act being a Temporary Law and since expired, You are therefore for 
the better administration of Justice to endeavour to get a Law past (if not already done) 
wherein shall be set the value of Men's Estates either in Goods or Lands under which they 
shall not be Capable of serving as Jurors. 
To pas3 a Law for 89"' You shall eudeavour to get a Law past (if not already done) for the 

preventing iniiu- i , i -t, ■\r * i 

mane severities. restraining of any inhumane severity which by ill INLasters or overseers may be 
used towards their Christian servants and their slaves, and that provision be 
iliSa"" Negroes uiadc therein, that the wilful killing of Indians and Negroes, may be punished 
witii°Dea?h.'"'' * with death, and a fit penalty imposed for the maiming of them. 
To encourage iiie 90. And you are also with the assistance of the Councill and Assembly to find 

dians and Negroes, qu^ jijg jjggt meaus to facilitate and incourage the conversion of Negroes and 
Indians to the Christian Religion ; more especially you are to use your endeavours 
and settle Ministers with the Assemblv, that they make provision for the maintenance of some 

among the flvo ^ i 

nations. Ministers to inhabit amongst the Five Nations of Indians, in order to instruct 

them, and also to prevent their being seduced from their Allegiance to us by French Priests and 


ToimpioythePoor. 91. You are to endeavour with the assistance of the Councill, to provide for 

the raising of Stocks, and building of publick Work-houses, in convenient places for the 

employment of Poor and indigent people. 

TopassaLawio Qod You are to proposc an Act to be past in the Assembly whereby the 

force bankrupts in ^ ^ ^ 

England who have creditors of Pcrsous becoming bankrupts in this kingdom, and having Estates in 

hstales in New or o ' o 

Depu'" '"'*""'"' New York, may be releived and satisfyed for the Debts owing to them. 

gS"" Whereas it hath been thought requisite that the General Security of our 
Plantations upon the Continent of America be provided for by a Contribution in 
proportion to the respective abilities of each Plantation ; And whereas the 
Northern Frontiers of the Province of New York, being the most exposed to an Enemy, do 
require an Extraordinary charge, for the erecting and maintaining of Forts necessary for the 
defence thereof; and our Dearest Brother the late king having given orders for the advancing 
of 500^ Sterl. towards a Fort in the Onondage Country and of 2000.£ sterling towards the 
rebuilding of the Forts at Albany and Schenectady, and likewise by Letters under His Royal 
Sign Manual directed the Governors of divers of the Plantations to recommend to the Councills 
& Generall Assemblies of the said Plantations that they respectively furnish a proportionable 
sum towards the Fortifications on the Frontiers of our said Province of New York, viz' 


Rhode Island & Providence Plant" 150 

Connecticut 4-50 


Pensylvania 350 

Maryland 650 

Virginia 900 

And whereas we thought fit to direct that you also signify to our Province qf Nova Caesaria 
or New Jersey, that the sums which we have at present thought fit to be contributed by them 
(if not already done) in proportion to what has been directed to be supplyed by our other 
Plantations as aforesaid, are 250^ sterling for the Division of East New Jersey, and 250^ 
sterling for the division of West ^e\v Jersey ; You are therefore to inform yourself of what 
has been done therein and what remains farther to be done and to send an Account thereof to 
us and to our Commissioners of Trade and Plantations as aforesaid. 
To lake speedy care 94* And you are also in our Name instantly to recommend to our Councill and 

for Repair of the ,^»^-«riTi ^aIa*. 

Fcrta General Assembly of our said Provmce of New York that they exert the utmost 

of their power in providing without delay what further shall be requisite for the repairing, 
erecting and maintaining of such Forts in all Parts of that Province, as you and they shall 
agree upon. 

95. And you are likewise to signify to our said Councill and the said General Assembly for 
their further Incouragement, that besides the Contributions to be made towards the raising and 
maintaining of Forts and Fortifications on that Frontier as above mentioned. We have also 
Quotas of men directed that in case the said Frontier be at any time invaded by an enemy, the 

which sevi Colonies . i/i-iun } r^ A 

are to furnish io neighbouring: Colonies and Plantations upon that Continent shall make Ijooq 

case New York SO i 

be invaded. j^ j^^gQ ( qj. niouy iu lieu thereof) their Quota of assistance according to the 

following Repartitions, viz' 


The Massachusett's Bay 350 

New Hampshire 40 

Rhode Island 48 

Connecticut 120 

New York 200 

East New Jersey 60 

West New Jersey 60 

Pensylvania 80 

Maryland 160 

Virginia 240 

Making together 1358 Men 

Pursuant whereunto you are, as occasion requires, to call for the same ; and in case of any 
New York to assist luvasiou upou the neighbouring Plantations, You are, upon application of the 
ukf.Se^'"'"'^'" Respective Governors thereof, to be aiding and assisting to them in the best 
manner you can, and as the condition and safty of your Government will permit. 

96. And you are withall to signify to our said Councill and' the General Assemblys of New 
York, that according to their behaviour in this occasion, they will recommend themselves 
to our Roval Grace and favour. 


The buiidins a 97th j\,^j yon are more particularly to take notice tliat notwitlistandinff his late 

Fort in the Daon- .7 1.' 

da<re County not 10 M^iegtv was craciouslv pleased to advance 500'' towards a Fort in the Onondasjc 

hinder tiie repair- J t' n ' J L 

s°heneoitayI""'' '"" Country, and to give order for the building thereof, which npon Information 
received from the Earl of Bellomont, coucerning an alarm of a General 
Insurrection of Indians did then appear to be very necessary, Yet nevertheless these orders 
were never intended to interfere with the repairing of the Forts at Albany and Schenectady at 
the same time, which we think so absolutely needfull, that unless those two nearest Forts be 
kept in a sufficient State of Defence, the building of a Fort in so remote a Part as the 
Onondage Country will, in time of war, (by its falling into the Enemy's hands without our 
having any other place of security and retreat for our Indians) be of much worse consequence, 
The Assembly lo theu if there were no such Fort. And you are therefore to use yoxir endeavours 

order ttie monv -^ 

^taediS'i'Mriste '^'■'^'i tl'6 Councill and Assembly of that province, for the passing of such furtlier 
t*;^ .Mba"ny'and ''^ '' -'^^ts as may dircct the mony raised or to be raised by them, for the building or 
f-cenecta. )■ repairing of Forts to be applyed in the first ])lace to those of Albany and 

Schenectady, and afterwards to such otiiers as you and they shall agree to be necessary. 
To send an ac- OS"" And whercas it is absolutely necessary that we be punctually informed of 

count .if the Sl.ite J J i j 

of Defeneeof Kew the State of Dcfcuce of all our Plantations in America, in every respect, and 

^orbaadConnecti- ./ r ' 

Kari^"'^''"^ """^ more especially with relation to the Forts and Fortifications that are in each 
I'lantation and what more may be necessary to be l)uilt for the defence and 
Security of the same, You are so soon as possible to prepare a particular account thereof with 
Relation not only to the province of New York but also to the Colony of Connecticut, whose 
Militia is under your command, and to transmit the same to us and to our said Commissioners 
for Trade and Plantations, and the like accounts afterwards 3'early in the same manner. 

99. And whereas we are informed that some of the Colony es adjoyning to 

No Inovatio 

^"'^ p"?t^vH'h'o',a o^it" ^^^^ Province, under Colour of Grants, or upon some other groundless 

I the Kh 

"ork no 

. as3 up i^ 

pay.n;; the Duty, preteuces, eudeavom" to obstruct the Trade of New York and Albany, You are 
not to suffer any Innovation within the River of New York, nor any goods to pass up the same 
but what shall have paid the Duties at New York, to the End the Cheif Benefit of that Trade 
may be preserved to the Inhabitants and Traders of New York and Albany, the same being 
agreable to the Laws of the said Province, to former practice, as well as necessary for the 
collecting those Customs and other duties, which are to be raised for the support of the 
Government there. 
To ineourage and IQO. You are to incourace the Indians upon all occasions, so as to enduce them 

assemble the five ^ ^ 

and"a™ure ih™ of to trade wlth our Subjects, rather than any others of Europe ; and you are to 
te'c"on.''^''"^*''™" call before you the five nations or Cantons of Indians, viz' The Maqua's, Seneca's, 
Cayouges, Oneydes, and Onondages, and upon their renewing their Submission to our 
Government You are to assure them in our name that we will protect them as our subjects 
against the French King and all his Subjects and you are to give the like assurance to the 
Schacook or River Indians, and to such other Indians in that neighbourhood as by their union 
and friendship with the fiive nations aforesaid, and in conjimction with them shall submit 
themselves in the same manner to our Government; and when any opportunity shall offer for 
To purchase Land purchasing great tracts of land for us from the Indians for small sums, You are 

of tlie Indians in ' ° ° 

the Queens name, ^q ygg your discretion therein as you Judge for the convenience or advantage 
which may arise unto us by the same ; And you are to inform us and our Commiss" for Trade 


and Plantations as aforesaid, wliat has been tlie consequence of the Treaty of Neutrality 
agreed between the said P'ive Nations and the French Indians. 

To incourage the 101. We being informed that our Province of New York do's abound with vast 
?arstores°an"d prcl nuiubers of Pine Trees proper for the production of Pitch and Tar, amongst 

servation of Trees. . t^ n ^ r n /'i.^oi- 

which are also some of the largest dimention fit for Masts for our hrst rate blups 
of War, and that there are likewise great numbers of Oaks and other Trees fit for beams, 
knees, planks, and other uses in our Navy Royal and it being highly for our service and the 
advantage of this Kingdom tliat all sorts of Naval stores be as much as possible produced in 
our Plantations in America, and from thence imported liither ; You are therefore to apply your 
utmost care and diligence towards the promoting of so necessary a Work; and if in order to 
the more effectual prosecution and advancement thereof, you find it necessary to desire the 
concurrence or assistance of the General Assembly of that Province towards carrying on the 
same, or any part thereof. You are accordingly to move them that such reasonable Laws 
may be enacted as will best conduce thereunto ; or if that also shall prove insufficient. You are 
To write what to cousidcr what further assistance may be necessary from hence, whether by Act 
necessary from Eng- of Parliament or otherwise, and vou are to transmit to us and to our said 

land and transmit ^ 

uilreiS'.*"'*'""^ Commissioners for Trade and Plantations a particular account of all your 
proceedings therein and of the obstacles you meet with, and by what means you 
conceive those Obstacles may be best removed. 

Some Acts repealed 102 Whereas We have thought fit by our order in Council of th 26* of June 
Armed relating to 170S, to repeal an Act pass'd at New York the 27"" of November 1702, Entituled 

Grants. ' i i 

an Act for Repealing several Acts of Assembly, and declaring other Ordinances, 
published as Acts of Assembly, to be void ; And whereas by the said order we have likewise 
thought fit to confirm and approve an Act passed at New York the 2'' of March 169f Entituled, 
An Act for Vacating, Breaking and annulling several extravagant Grants of Land made by 
Colonel Benjamin Fletcher late Governor of this Province under his Majesty; By the 
particular orders Confirmation of which Act several large Tracts of Land (as by the said Act will 

relalinc; to granting 

of Lands. morc fully appear) are resumed to us, and are in our Disposal to Re-grant, as we 

shall see occasion, our Will and pleasure therefore is, that you may re-grant to the .'ate 
Patentees of such Resumed Grants, a suitable number of acres, not exceeding two thousand to 
any one person ; and that in such Grants as well as in all future Grants, there be a Reservation 
to us. Our Heirs and Successors of an yearly Quit Rent of two shillings and sixpence for every 
hundred acres, with a Covenant to plant, settle and effectually cultivate at least three acres of 
Land for every fifty acres, within three years after the same shall be so granted, upon Penalty 
of Forfeiture of every such Grant. 

103. And for the more convenient and equal setting out of all Lands to be granted within 
our said Province of New York, our further Will and pleasure is that you our Governor or the 
Commander in Cheif of our said Province for the time being, the Collector of our Customs, 
our Secretary and Surveyor General of New York, for the time being (the Surveyor General 
always to be one) or any three or more of you and them, do set out all Lands to be hereafter 
granted, and that therein you have regard to the profitable and unprofitable acres, so that each 
Grantee may have a proportionable number of one sort and the other ; as likewise that the 
length of each Tract of Land to be hereafter granted, do not extend along the Banks of any 
river, but into the Main Land, that thereby the said Grantees may have each a convenient 
share of what accomodation the said Rivers may afford for Navigation or otherwise. 


Tn preserve Pino 104. Aiid to prevciit Hnv Impediment wliich tlie production of Naval Stores in 

Trees, ic. I J I i 

our said Province may receive from such Grants, lou are to take care Tliat in all 
New Patents for Land there he inserted a Clause to restrain the Grantees from burning the 
Woods to clear the Land, under the Penalty of forfeiting their Patent and you are to use 
your endeavours to procure an Act to he passed in the Assembly of New York for that 
Tn preserve Trees 10-5. And our further plcasurc is that in the said Patents there he likewise a 

of 24 Incbes 

Diameter. particular reservation to us, orr Heirs and successors, of all Trees of the 

Diameter of Twenty Four Inches and upwards, at twelve inches from the Ground, for Masts 
for our Royal Navy, as also of such other Trees as may be fit to make Plancks, knees &'' for 
the use of our said Navy. 
Upon his Deaih or 20(3. Aud whercas we have been pleased by our Commission to direct that in 

absenee it lliere lie I- -^ 

111! 'il,''! 'iii7rr"- case of your death or absence from our said Province, and in case there be at 
e'ii'i''i.,k.",'.,i',.n'"" that time no person upon the place Commissionated or appointed by us to be our 
meut. ' Lieutenant Governor or Commander in Chief; The then President of our 

Councill shall take upon him the administration of the Government and execute our said 
Connnission and the several Powers and authorities therein contained in the manner therein 
directed, It is nevertheless our E.xpress will and pleasure, that in such case the 

but not to pass aiiv i i i i i • t i 

Arts hut what are said President shall forbear to pass any Act or Acts but what are immediately 

immediately neces- * ^ 

""■■y- necessary for the Peace and Welfare of our said Province, without our particular 

Order for that purpose. 

All writs to be 107. You are to take care that all writs be issued in our Name throughout our 

I)asse(l in tho ° 

yueens name. g^r^jj Province and the Territories depending thereon. 

To permit no Print- lOS. Forasmucli as srreat Inconveniencies may arise by the liberty of printing 

ingPr&is without ^ J J J c o 

hisiieense. witliiu the Proviuce of New York, you are to provide by all necessary orders, 

that no Person keep any press for printing, nor that any Book or Pamphlet or other matters 
whatsoever he printed without your especial leave & License first obtained. 
To .lo nnythim; 109 If any tiling shall happen that may be of advantage and security to our 

! Vni'i'^'inh' iT^ ^'^^^ Province, which is not herein or by our Commission provided for, We do 
an''iKr/,un'riiR'rL''n 'ifrcby allow unto you with the advice and Consent of our Councill, to take order 
for the present therein, giving to us by one of our principal Secretaries of State ; 
and to our forsaid Commissioners for Trade and Plantations, speedy notice thei^eof, that so 
you may receive our Ratification, if we shall approve of the same. 
Not to declare war 110. Provided always that you do not by collour of any Power or Authority 

witliout order Ex- J J J ■/ i . i 

oept against Indians herebygiveu you, commence or declare War witliout our knowledge and particular 

upon P^mergencies J o J ' o a 

cou'ncii."'^^ °' commands therein, E.xcept it be against Indians upon Emergencies, wherein the 
Consent of our Councill shall be had, and speedy notice given thereof unto us as 
To send .an ae- 111. And you are upon all occasions to send unto us by one of our principal 

count of his Gov- ■' ' r m 1 1 1-.1 ■ 

emment upon all Secretaries of State and to our Commissioners for Trade and Plantations a 

particular account of all your Proceedings, and of the Condition of affairs within 
Your Government. 

to'th^^piamilion's 112. And whereas the Lords Spiritual and Temporal in Parliament, upon 
oftobeT.bMrved!'''" Consideration of the great abuses practised in the Plantation Trade did by an 


humble Address represent to his Lite Majesty the great importance it is of, both to this 
our kingdom, and to our Plantations in America, That the many good Laws which have 
been made for the Government of our said Plantations and particularly the Act passed in 
the Seventii and Eigth years of his said Majesties Reign Entituled An Act for preventing 
Frauds and regulating abuses in the Plantation Trade, be strictly observed : You are therefore 
to take notice, That whereas notwithstanding the many good Laws made from time to time, 
for preventing Frauds in the Plantation Trade ; It is nevertheless manifest tliat many great 
abuses have been and continue still to be practised to the prejudice of the same, which abuses 
must needs arise either from the persons who are accepted for security, or from the remissness 
or connivance of such as have been or are Governors in the several plantations who ought to 
take care that those persons who give bond should be duly prosecuted in case of non- 
performance ; We take the good of our Plantations and the improvement of them by a strict 
and punctual observance of the several Laws in force concerning tlie same, to be of so great 
importance to the benefit of this Our Kingdom, and to the advancing of tlie Duties of our Customs 
here, that if we shall be hereafter informed that at any time tliere sliall be any failure in tlie 
due observance of those Laws within the aforesaid Province of New York, and the Territories 
thereon depending by any wilfull fault or neglect on your part. We shall look upon it as a 
breach of the trust reposed in you by us which we shall punish with the loss of your place in 
that Government, and such further marks of our displeasure, as we shall judge reasonable to 
be inilicted upon you, for your offence against us in a matter of this consequence that we now 

so particularly charge you with. 

By Her Majesty's Command. 

Additional Instruction to our Trusty & Welbeloved Robert Hunter Esq' 
Our Cap' General & Governor in Cheif of Our Province of New York in 
America. Or to the Commander in Chief of our said Province for the time 
being. Given at our Court at S' James's the 30"' day of December 1709, in 
the Eighth Year of our Reign. 

Whereas we have thought fit upon a Representation from our Commissioners of Trade and 
Plantations, to repeal two acts past in our Province of New York, the one entituled An Act 
for Regulating and Establishing Fees past the 24"' of May 1709, the other entituled An Act to 
releive this Colony from divers Irregularities and Extortions passed the G"' October 170S for the 
reasons which will be herewitli delivered to you; and whereas the table of Fees settled in our 
said Province of New York in September 1G93, will again be in force, until further Provision be 
made for the officers in our said service. It is Our Will and pleasure that after your arrival 
at New York, you do, so soon as conveniently may be, reconsider the said Table of Fees of 
1693 and with the advice and assistance of our Council there (if need be) prepare such another 
Table of Fees, as may make a reasonable provision for the said officers, and be most agreable 
to the Circumstances of our said Province. 


Orders and Instructions to our Trusty and welbeloved Robert Hunter Esq"" 
our Capt General and Governour in Chief of our Province of New York in 
America in pursuance of several Laws relating to the Trade and Navigation 
of this Our Kingdom of Great Britain and our Colonies & Plantations in 
America. Given at our Court at the day of June in 

tiie year of our Keign. 

First, you sliall inforni your self of the Principal Laws relating to tlie Plantations Trade, 
viz" The Act for encouraging and Encreasing of Shi|)ping and Navigation, made in the 12"' 
year of the reign of King Charles the Second ; The Act for preventing frauds and regulating 
abuses in the Customs, made in the 14"' year of the said Kings Reign ; The Act for 
encouragement of Trade, made in the 15"' year of tlie said King's Reign ; the Act for 
Regulating the Plantation Trade, made in the :.':.""' and L»3'' years of the said King's reign ; 
The Act for the Encouragement of the Eastland and Greenland Trades, and better securing 
the Plantation Trade made in tlie 25"' year of the said King's reign, and tlie Act for preventing 
Frauds and regulating abuses in the Plantation Trade, made in tiie 7"' and S"' years of the 
Reign of His late Majesty, King William the o'' : All which Laws you will lierewitli receive 
and you shall take a solemn oath to do your utmost Tliat all the Clauses, Matters and things 
contained in the before recited Acts of Parliament heretofore passed and now in force, relating 
to our Colonies and Plantations be strictly and duly observed according to the true intent and 
meaning thereof. 

2'"'' And as by the last recited Act the officers appointed by the Governors for performance 
of certain things mentioned in the aforesaid Act for Encouragement of Trade, commonly 
known by the name of the Naval officers, are to give security to the Commissioners of our 
Customs in this Kingdom for the time being, or such as shall be appointed by them for our use, 
for the true and faitlifull performance of their duty. You shall take care that the person by 
you so employed, do not only give such security to the said Commissioners of our Customs, 
but be approved of by them in manner as thereby is enjoyned. 

gdiy Wiiereas by tlie said Act of Navigation no Goods or Commodities whatsoever are to be 
imported into or exported out of any of our Colonies or Plantations in any other ship or vessells 
whatsoever but in such as do truly and without fraud belong only to the people of England or 
L-eland or are of the build of, and belonging to, any of our Lands, Islands or Territories, as 
the Proprietors and right owners thereof, and whereof the Master and three fourths of the 
Mariners at least are English, under the Penalty of the forfeiture and loss of all the goods and 
commodities which shall be imported into, or exported out of any of the said Places in any 
other Ship or vessel with her Guns, Furniture &"= And whereas by a clause in the aforesaid 
Act of Frauds, no foreign built ship, that is to say not built in any of our dominions of Asia, 
Africa or America, or other than such as shall bona fide have been bought before the first of 
October 1GG2, and expressly named in the list thereby appointed to be made of all Foreign 
built ships in all the parts of England shall enjoy tbe Privilege of a ship belonging to England 
or Ireland ; altho' own'd or mann'd by English ( except such ships only as shall be taken at sea 
by Letters of Mart, or Reprisal, and Condemnation made in our Court of Admiralty (as lawful 
prize) but all such ships shall be deemed as Aliens ships and be lyable to all duties that Alien's 
ships are lyable to, by vertue of the aforesaid Act for Encourageing and Encreasing of Shipping 
and Navigation, And whereas by a clause in the aforesaid Act for preventing Frauds and 


regulating Abuses in tiie Plantation Trade, 'tis enacted that after the Twenty Fifth of March 
169S no goods or merchandizes whatsoever shall be imported into or exported out of any of 
our Colonies or Plantations in Asia, Africa -or America, or shall be laden or carried from any 
one port or place in the said Colonies or Plantations to any other port or place in the same our 
Kingdom of England, Dominion of Wales, or Town of Berwick upon Tweed in any Ship or 
Bottom, but what is or shall be of tlie build of England, or the build of Ireland, or of the said 
Colonies or Plantations, and wholly own'd by the people tiiereof or any of them, and 
Navigated with the Master and three fourths of the Mariners of the said places only. Except 
such ships only as shall be taken prize, and Condemnation thereof made in one of our Courts 
of Admiralty in England, Ireland or the said Colonies or Plantations, to be navigated by th§ 
Master and three fourths of the Mariners Englisli, or of the said Plantations as aforesaid, & 
whereof the Property doth belong to Englishmen; with an Exception for three years to such 
Foreign built ships as shall be employed by the Commissioners of Our Navy for the time being, 
or upon Contract with them, in bringing only Masts, Timber & other Naval Stores for Our 
service, from the Colonies or Plantations aforesaid to this Kingdom, to be navigated as aforesaid 
and whereof the Property does belong to Englishmen, on the pain of forfeiture of Ship and 
Goods: And whereas by another clause in the said Act for the more effectual prevention of 
Frauds, which may be used by colouring Foreign Ships under English names, 'Tis further 
enacted That from and after the Sd"" of March 1G9S no ship or vessell whatsoever shall be 
deemed or pass as a Ship of the build of England, Ireland, Wales, Berwick, Guernsey, Jersey, 
or of any of our Plantations in America so as to be qualifyed to trade to, from or in any of the 
said Plantations, until the Person or Persons claiming Property in such ship or vessel, shall 
register the same in manner thereby appointed ; You shall take care and give in charge, that 
these matters and things be duely observed within Our Province of New York, according to the 
true intent and meaning of the said Acts, and the Offences and Off'enders prosecuted according 
to the Directions thereof, and where it is required that the Master and three fourths of the 
Mariners be English, you are to understand that the true intent and meaning thereof is that 
they shall be such during the whole Voyage, unless in case of sickness. Death or being taken 
prisoners in the voyage, to be proved by the Oath of the Master or other chief Officer of the 
Ship, and none but our subjects of England, Ireland, or the Plantations are to be accounted 

4"iiy Whereas by the said Act of Navigation 'tis further Enacted, that for every ship or vessell 
which shall set sail out of or from England, Ireland, Wales or Berwick upon Tweed, for any 
English Plantations in America, Asia or Africa sufficient Bond shall be given with one surety to 
the chief Officers of the Customs of such Port or place from whence the said ship shall set sail, 
to the value of one thousand pounds if the Ship be of less burthen than one hundred Tunns, 
and of the sum of Two thousand pounds if the ship shall be of greater burthen. That in case 
the said ship or vessell shall load any of the Commodities therein enumerated, (viz' Sugar, 
Tobacco, Cotton Wool, Indico, Ginger, Fustick or other dying wood of the growth, production 
or Manufacture of any English Plantation in America, Asia or Africa) at any of the said 
English Plantations, the same Commodities shall be by the said ship brought to some port of 
England, Ireland, Wales or to the Port or Town of Berwick upon Tweed and be there 
unloaden and put on shoar, the danger of the Seas only excepted. And for all sliips coming 
from any port or place to any of the aforesaid Plantations who by this act are permitted to 
trade there, That the Governors of such English Plantations shall, before the said ship or 

Vol. V. 19 


vessell be permitted to load on board any of tbe said Commodities take Bond in manner and to 
tiie value aforesaid for each respective Ship or Vessel, that such ship or vessel shall carry all 
tlie aforesaid Goods that shall be loaden on board the said ship to some other of our English 
Plantations or to England, Ireland, Wales or Berwick, and that every ship or vessel which 
shall load or take on board any of tbe aforesaid Goods until such Bond be given to the said 
Governor, or Certificate produced from the Officers of any Custom House of England, Ireland, 
Wales or Berwick that such Bond hath been there duly given, shall be forfeited with her Guns, 
Tackle, apparel and Furniture, to be Employ'd and Recovered as therein is directed : You are 
to take notice that tho' by the said Act the word Ireland is to be incerted in tbe condition of 
the Bonds, and permission thereby given to bring the Enumerated Plantation Commodities to 
Ireland, as well as to England, Wales or Berwick, Yet, by the aforesaid Act for Regulating 
the Plantation Trade, (which having been expired was afterwards revived and is now in force) 
tbe word Ireland is to be left out of the Condition of such Bonds, and you are not to permit 
any ships or vessels to load any of the Enumerated Goods upon any Certificate of Bonds 
liaving been given in Ireland; But in that case before they load any of the said Goods, they 
are to produce certificates of Bonds given in England, Wales or Berwick under the hands and 
seals of the Customer and Comptroller of our Customs or their Deputies, in such Port from 
whence the respective Ships shall come, signed also by four or more of the Commissioners of 
our Customs in England, or to give Bond to your self or the person appointed to receive the 
same, with good security as aforesaid, and if any ship or vessell shall load or take on board 
any of the said Commodities until such Bond be given or Certificate produced, the said ship 
or vessel is forfeited with her gunns &c^ to be recovered and divided in manner as is therein 

5''' You shall carefully examine all Certificates which shall be brought to you of Ships giving 
security in this Kingdom to bring their lading of Plantation Goods hither ; as also certificates 
of having discharged their Lading of Plantation Goods in this Kingdom, pursuant to their 
securities, and where there shall be reasonable ground of suspicion that the Certificate of 
having given security in this Kingdom is false, in such case you or the person appointed under 
you shall require and take sufficient security for the discharge of the Plantation lading in this 
our Kingdom; and where there shall be cause to suspect that the certificate of having 
discharged the lading of Plantation Goods in this Kingdom is false and counterfiet, you shall 
not cancel or vacate the security given in the Plantations untill you shall be informed from the 
Commissioners of our Customs here, that the matter of the said Certificate is true, and if any 
person or persons shall counterfeit. Raze or fiUsify any such certificate for any vessell or Goods 
or shall knowingly or w^ittingly make use thereof, you shall prosecute such person for the 
forfeiture of the sum of five hundred pounds according to a Clause of the Aforesaid Act for 
preventing Frauds and regulating abuses in the Plantation Trade ; and pursuant to the said 
Act you shall take care that in all such Bontls to be hereafter given or taken in tbe Plantations 
viz' in our Province of iS'ew York, the Sureties therein named be persons of known Residence 
and Ability there for the value mentioned in the said I^onds be within Eighteen Months after 
the date thereof (the danger of the Seas excepted) to produce Certificates of having landed 
and discharged the goods therein mentioned, in one of our Plantations, or in this our Kingdom, 
otherwise to attest the Copy of such Bonds under your hand and Seal, and to cause prosecution 

G'>' You are to undf-rstand that the Payment of the Rates and Duties imposed by tbe 
aforesaid Act for the Encouragement of the Eastland and Greenland Trades, and for the better 


securing the Plaiitation Trade on tlie several Plantation Commodities therein enumerated, dotli 
not give liberty to carry the said goods to any otlier place, tiian to some of our Plantations, or 
to England, Wales or Berwick only, and that notwithstanding the payment of the said Duties 
Bond must be given to carry the said goods to some of our said Plantations, or to England, 
Wales, or Berwick, and to no otlier place. 

7"^ You shall every three months or Oftener, or otherwise, as there shall be opportunity of 
conveyance to tliis Kingdom, transmit to the Commissioners of Our Customs iiere, a List of all 
ships and vesseils trading within our said Province according to the Form and Specimen 
hereunto annexed : And you shall cause demand to be made of every Master, at his clearing, 
of an Invoyce of the Contents and Quality of his lading &"=, according to the form hereunto 
also annexed : And to enclose a copy tliereof, by some other sliip, or want of such Opportunity, 
by the same ship under cover, sealed and directed to the said Commissioners of our Customs; 
and send another Copy thereof in like manner to the Collector tiiereof of that Port within tliis 
Kingdom for tiie time being, to which such ship shall pretend to be bound. 

8"'' Whereas by the aforesaid Act for the Encouragement of Trade no commodities of the 
growth, production, or manufacture of Europe except Salt for the Fishery of New England and 
New foundland. Wines of the growth of the Maderas or Western Islands, or Azores, Servants 
and Horses from Scotland or Ireland and all Sorts of Victuals of the Growth and production of 
Scotland, and Ireland shall be imported into any of our said Colonies or Plantations, but what 
shall be bona fide and witiiout fraud laden and Shipped in England Wales or Berwick in ships 
duely qualified, you shall use your utmost endeavours for the due observance thereof; and if, 
contrary hereunto, any ship or Vessell shall import into our said Province of New York, any 
Commodities of the Growtli, Production or Manufacture of Europe, (but what are before 
excepted) of whicii due proof shall not be made, that the same were siiipped or laden in some 
port of this Kingdom by producing Cocquetts or Certificates under the hands and seals of the 
officers of our Customs in such Port or place where the same were laden, sucii siiip or vessel 
and goods will be forfeited : And you are to give in charge that the same be seized and 
prosecuted accordingly. 

9"' And in order to prevent the acceptance of forged Cocquets or Certificates ( which hath 
been practised to our great prejudice) you are to give efi'ectual orders, that for all such 
European Goods as by the said Act are to be shipp'd and laden in England, Wales or Berwick, 
Cocquets for the same, from hence, be produced to the Collectors or other Officers of the 
Customs in Our said Province of New York for tiie time being, before the unlading tiiereof and 
you shall give order that no European Goods be landed but by warrant from the said Collector, 
in the presence of an Officer appointed by him, and for the better prevention of Frauds of this 
kind you shall take care that, according to the said Act of Trade, no sliip or vessell be 
permitted to lade or unlade any goods or Commodities whatsoever untill the Master or 
Commander thereof shall first have made known to you or such officer or other person as shall 
be thereunto authorized and appointed, the arrival of the said ship or vessell with her name 
and the name and Surname of her Master, and hath shewn that she is a ship duely navigated 
and otherwise qualified according to Law, and hath delivered to you, or such person as 
aforesaid, a true and perfect Inventory of her Lading, togetiier with the place or places in 
which the said Goods were laden and taken into the said Ship or Vessel, under forfeiture of 
such Ships and Goods. 

10"'^ You shall not make or allow of any By-laws, Usages or Customs in our said Province 


of New York wliicli are repugnant to the Laws lierein mentioned or any of tliem so far as 
they do relate to our said Plantations or any of them, or to any otiier law hereafter to be 
made in this Kingdom, so far as such Law shall relate to and mention the said Plantations; 
by [but] you shall declare all such Laws, By-Laws, Usages, or Customs in our said Province of 
New York which are any wise repugnant to the forementioned Laws, or any of them, to be 
illegall, null and void to all intents and purposes whatsoever. 

11"^ You shall be aiding and assisting to the Collector and other Officers appointed, or that 
shall hereafter be appointed by the Commissioners of Our Customs in this Kingdom, by and 
under the authority and direction of our High Treasurer of this Kingdom, or Commissioners 
of our Treasury for the time being, in putting in execution the several Acts of Parliament 
before mentioned and you shall cause due prosecution of all such persons as shall any ways 
hinder or resist any of the said Officers of our Customs in the performance of their Duty. 

12''^ You shall take care that upon any Actions, suits or informations that shall be brought, 
commenced or entred in our said Province of New York, upon any Law or Statute concerning 
our duties, or ships, or goods, to be forfeited by reason of any unlawfull Importations or 
Exportations there be not any' Jury but of such as are natives of this Kingdom or Ireland or 
are Born in any of our said Plantations. 

13"'' If you shall discover tiiat any persons or their assines claiming any right or property in 
any Island or Tract of Land upon the continent of America, by charter or by Letters Patents, 
shall at any time hereafter alien, sell or dispose of such Island, Tract of Land, or Propriety 
other than to our Natural born subjects of Great Britain, without lycense and consent of us, 
our Heirs and Successors, signifycd by our or their order in Councill first had and obtained 
you shall give notice thereof to us or to our High Treasurer of Great Britain or Commissioners 
of our Treasury for the time being. 

14"" You shall take care that all places of Trust in the Courts of Lav^-, or in what relates to 
the Treasury of our foresaid Province of New York, be in the hands of our native born subjects 
of this Kingdom or Ireland, or the Plantations. 

15''' And tiiat there may be no interruption or delay in matters of Prosecution and Execution 
of Justice in our said Province, by the death or removal of any of our officers employed therein 
untill we can be advised thereof and appoint others to succeed in their places, You shall make 
choice of persons of known loyalty, experience, diligence and fidelity to be employed for the 
purposes aforesaid untill you shall have our approbation of them or the Nomination of others 
from hence. 

16"'' You shall from time to time correspond with the Commissioners of our Customs in 
this Kingdom for the time being, and advise them of all failures, neglects, frauds and 
misdemeanours of any of the Officers of our Customs in our said Province of New York, and 
shall also advise them as occasion shall offer, of all occurrencies necessary for their information 
relating either to the aforesaid Laws of Trade and Navigation or to our Revenue of Customs 
and other Duties under their management both in Great Britain and the Plantations. 

17"'' Whereas by the aforesaid Act preventing Frauds and regulating abuses in the 
Plantation Trade, 'Tis provided for the more effectual prevention of Frauds which may be 
used to elude the Intention of the said Act, by colouring Foreign Ships under English Names, 
That from and after the Twenty Fifth of March 1G9S no ship or vessell shall be deemed or 
pass as a Ship of the build of England, Ireland, Wales, Berwick, Guernsey, Jersey, or any of 
our Plantations in America, so as to be qualifyed to trade to, from, or in, any of our said 


Plantations, until the Person or Persons claiming Property in such ship or Vessel, shall register 
the same in manner thereby directed; And whereas by an Act pass'd the 9"" and lO"" years of 
His late Majesty King William the third, entituled, An Act for the enlarging the time for 
registring of ships pursuant to the Act for preventing Frauds and Regulating abuses in the 
Plantation Trade, nine months longer time from the said 2-5"' day of March 169S, are granted 
and allowed for the Registring of such ships, and it is provided that all such ships or vessells 
being Registred within the said Nine Months shall have and enjoy all such benefit and 
advantage of the aforesaid Act, as they might or could have had, in case they had been 
Registred before the said So"" day of March 169S ; You shall take care that no foreign built 
ship be permitted to pass as a ship belonging to our Kingdom of England, Ireland, Wales or 
to the Town of Berwick upon Tweed, untill proof be made upon oath, of one or more of the 
owners of such ship or vessell, before the Collector and Comptroller of our Customs in such 
Port to which she belongs or upon like proof before yourself, with the principal officer of our 
Revenue residing in our foresaid Province of New York, if such ship shall belong to the said 
Province which Oath you and the Officers of our Customs respectively are authorized to 
administer in manner thereby directed, and being attested by you and them so administring 
the same, and Registred in due form, according to the Specimen hereunto annexed. You 
shall not fail immediately to transmit a Duplicate thereof to the Commissioners of our Customs 
in London, in order to be entered in a general Register to be there kept, for that purpose ; 
with penalty upon every ship or vessel trading to, from, or in, any of our said Plantations in 
America, after the said Twenty Fifth day of March, and nine months longer as aforesaid and 
not having made proof of her build and property, as by the forementioned Act is directed, that 
she shall be lyable to such Prosecution and forfeiture as any foreign ship (except Prizes 
condemned in our High Court of Admiralty) would for Trading with our Plantations by the 
said Law be lyable unto, with this Proviso, That all such ships as have been or shall be taken 
at sea by Letters of Mart or Reprisal, and Condemnation thereof, made in our High court of 
Admiralty of this Kingdom as LawfuU Prize shall be specially Registred, mentioning the 
Capture and Condemnation instead of the time and place of building with proof also, upon 
Oath, th it the entire Property is British, before any such prize be allowed the Priviledg of a 
British built Ship according to the meaning of the said Act, and that no Ships names Registred 
be afterwards changed without registring such Ship de Novo, which by the said Act is required 
to be done upon any transfer of property to another Port, and delivering up the former 
Certificate to be cancelled, under the same penalties and in like method ; and in case of any 
alteration of Property in the said Port by the sale of one or more shares in any ship after 
Registring thereof, such sale shall always be acknowledged by Endorsement on the Certificate 
of the Register before two witnesses, in order to prove that the entire property in such ship, 
remains to some of our subjects of this Kingdom if any dispute shall arise concerning the same. 
18"^ Whereas by an act passed in the lO"" year of His late Majesty King William the third 
To prevent the exportation of Wool out of the Kingdoms of Ireland and England into foreign 
parts and for the Encouragement of Woollen Manufactures in the Kingdom of England, it is 
amongst other things thereby enacted, that from and after the first day of December 1699 no 
Wool, Woolfells, Shortlings, Morlings, Wool Flocks, Worsted, Bay or Woollen Yarn, Cloath, 
Serge, Bays, Kerseys, Says, Frizes, Druggets, Cloath Serges, Shalloons or any other Drapery, 
Stuffs or Woollen Manufactures whatsoever, made or mixed with Wool, or Wool Flocks being 
of the Product or Manufacture of any of the English Plantations in America, shall be laden or 


laid on board in any sliip or Vessell in any place or ports witliin any of the said English 
Plantations, upon any Pretence, whatsoever ; As also, That no such wool, or other of the said 
Commodities being of the Product or Manufacture of any of the said English Plantations shall 
be loaden upon any Hors, Cart or other Carriage, to the Intent and purpose to be Exported, 
transported. Carried or Conveyed out of the said English Plantations to any other of our 
Plantations or to any other place whatsoever upon the same and like pnins, Penalties and 
forfeitures to and upon all the Offender and Offenders therein ; within all and every of our 
said English Plantations res])ectively as are provided and prescribed by the said Act, for the 
said Offences committed within our Kingdom of Ireland, you are to take etit-ctual care that 
the true intent and meaning thereof as far forth asit relates to you be duely put in execution. 

igiiy Whereas an Act of Parliament was pass'd in the S"* and 4"' years of our Reign, 
entituled an act to permit the Exportation of Irish Cloath to the Plantations and to prohibit 
the Importation of Scotch Linnen into Ireland, with several Clauses and Provisoes for the due 
Execution of the said act (a copy whereof will be herewith delivered to you) you are 
therefore to take care that tlie said Act with all its clauses and Provisoes be duely observed 
and complyed with in that our Province under your Govern' 

20'>' In an Act of Parliament made in the 10"' and ] l"" years of His late INIajesty's Reign, 
entituled an Act for laying further duties upon Sweets and for lessening the Duties as well 
upon Vinegar as upon certain low wines and whale P'inns, and the Duties upon Brandy 
Imported ^c" There is a Clause (Copy whereof you shall herewith receive) to prevent 
Frauds in tlie Importation of Bulk Tobacco, Enacting that from and after the 29"' day of 
September 1700, no Tobacco shall be brought or imported into this Kingdom of England, 
Dominion of Wales, or Town of Berwick upon Tweed, in any Ship or Vessel from any of the 
Plantations on the Continent of America, nor shipped in any of the said Plantations, in order 
to be so imported, otherwise than in cask, chest or case only, each cask, chest or case whereof 
shall contain 200 weight of Tobacco at the least and each hundred thereof shall contain 112' 
under the Penalties and Forfeitures of all the Tobacco so imported or shipped to be imported, 
contrary to the said Act, shall be forfeited, and every person or persons offending contrary to 
the true intent and meaning thereof, shall forfeit sixpence for every pound weight thereof f"*' 
thereof to us our Heirs and Successors, the other third part thereof to such Persons as shall 
seize and sue for the same, it being Provided That such small Quantities as shall be necessary 
for the Ship's Company's smoaking in the Voyage shall not be deemed or construed any breach 
of the said Act: You shall take care that this Part of the said Act be made Publick, that none 
may pretend Ignorance, and that the true intent and Meaning thereof be duely put in execution, 
within Your Government. 

21'' An Act of Parliament having been pass'd in the S"* and 4"" years of our Reign entituled 
an Act for granting to Her Majesty a further subsidy on Wines, and Merchandize imported, 
wherein among others there is a clause in the words following viz' " And Whereas by the Acts 
" made in the 12"" and 25"' years of the reign of his late Majesty King Charles the 2"', the 
" former entituled An Act for the encouraging and encreasing of Shipping and Navigation, and 
" the latter Entituled An Act for the Encourageinent of the Greenland and Eastland Trade 
" and for the better securing the Plantation Trade, certain Commodities therein enumerated of 
" the growth, production or manufacture of any of the English Plantations in America, Asia 
" or Africa, are obliged to be imported into this Kingdom of England, Dominion of Wales, or 
" Town of Berwick upon Tweed, or to some other of the said Plantations under the Securities 


" and Penaltys in the said Acts particularly mentioned, to the end this Kingdom might he 
" made a Staple, not only of the Commodities of those Plantations, but also of the Comodities 
" of other Countries for supplying them since the making of which Laws several Commodities 
" which are not in the said Acts particularly enumerated, such as Rice and Molasses are 
" produced, and made in the said Plantations, and Carried to divers Foreign .Markets in Europe 
" without being first brought into this Kingdom, Dominion of Wales and Town of Berwick 
" upon Tweed, contrary to the true intent and meaning of the aforesaid Laws to the great 
" prejudice of the trade of this Kingdom, and the lessening the Correspondence and Relation 
" between this Kingdom & the aforesaid Plantations, for the prevention whereof for the future 
" Be it enacted by the authority aforesaid, That from and after the 29"" of September 1705, all 
" Rice and Molasses shall be under the like securities and Penalties restrained to be imported 
" into this Kingdom, dominion of Wales, and Town of Berwick aforesaid, as by the fore recited 
" Acts or either of them is provided for the goods therein particularly enumerated ;" You are 
therefore to take particular care and give the necessary Directions that the true intent and 
meaning of the said Clause be strictly and duly complyed with. 

22""* And whereas you will herewith receive copies of the following Acts of Parliament viz' 
An Act for Encouraging the Importation of Naval Stores from Her Majesty's Plantations in 
America, pass'd in the S** and 4"" years of our Reign ; An act for an union of the two Kingdoms 
of Scotland, pass'd in the S"" year of our Reign, in which are certain Articles relating to the 
Plantation Trade, more particularly the 4"" o"" and G"" ; An act for ascertaining the Rates of 
Foreign Coins in Her Majesty's Plantations in America, pass'd in the G"" year of our Reign, 
and an act for the Encouragement of the Trade to America pass'd in the 1" year of our Reign ; 
You are therefore to use Your best endeavours, that the said Acts with all the Clauses, matters 
and things therein contained be in like manner strictly and duly observed according to the true 
Intent and meaning thereof. 

23'' And whereas notwithstanding the many good Laws made from time to time for 
preventing of Frauds in the Plantation Trade, which have been enumerated in these and former 
Instructions, it is manifest, that very great abuses have been and continue still to be practised 
to the prejudice of the same ; which abuses must needs arise, either from the Insolvency of the 
Persons who are accepted for security or from the remisness or Connivance of such as have 
been or are Governors in the several Plantations, who ought to take care that those persons 
who give Bond, should be duely prosecuted in case of non performance ; You are to take 
notice that we take the good of our Plantations, and the Improvement of the Trade thereof by 
a strict and punctual observance of the several Laws in force concerning the same, to be of so 
great importance to the Benefit of this Kingdom, and to the advancing the Duty of our 
Customs here, that if we shall be hereafter informed that at any time there shall be any failure 
in the due observance of those Laws and of these present Instructions, by any WilfuU Fault 
or Neglect, on your part, we shall look upon it as a Breach of the Trust reposed in you by us, 
which we will punish with the Loss of Your place in that government, and such further marks 
of our displeasure, as Wee shall judge reasonable to be inflicted upon you for your ofience, 
against us in a matter of this Consequence, that We now so particularly charge you with. 

Additional Instruction To Our Trusty and Welbeloved Robert Hunter Escf 

Whereas by the S"* Article of our foregoing Instructions to you, according to the several 
Laws relating to the Trade and Navigation of this Our Kingdom and our Colonies and 


Plantations in America, You are required to take care and give in charge, that no Goods or 
Commodities wliatsoever be imported into or Exported out of our Province of New York 
under Your Government, in any ships or vessels but in such whereof the Master and tiiree 
fourths of the Mariners at least are English; and whereas by a clause in an Act passed in 
the Third year of our reign Entituled An Act for Raising Recruits for the land forces 


Encrease OF Shiping AND NAVIGATION DURING THE PRESENT War ( copy whercof you shall 
herewith receive ) it is enacted, that during the present War, and no longer, the number and 
proportion of mariners to sail in such ships or Vessels which by Laws now in force are limited 
to the Master and three-fourths of the Mariners to be English, shall be enlarged to the Master 
and one Moiety of the Mariners at least to be English ; It is Our will and Pleasure, that 
you take care and give in charge to the Proper Officers, that the said Act be observed in our 
said Province of New York under your Government, during this Present War accordingly. 

Copy of a Clause of an Act passed in the S"" year of Her Majesty's Reign, 
entituled An Act for raising Recruits for the Land Forces and Marines, and 
for dispensing with part of the Act for the Encouragement and Encrease of 
shipping and Navigation during the Present War. 

And Whereas by the Laws now in force the Navigating of Ships or Vessells in divers 
cases is recjuired to be by the Master and | parts of the Mariners at least being English, under 
divers penalties & forfeitures therein contained: And whereas great numbers of Seamen are 
employed in Her Majesty's Service for the manning of the Royal Navy, so that it is become 
necessary, during the present war, to dispence with the said Laws, and to allow a greater 
number of foreign mariners for the carrying on of trade and conmierce. Be it therefore 
Enacted by the Authority aforesaid that during the present War, and no longer, the number 
and proportion of mariners to sail in such Ships or Vessels, wiiich by any law now in force are 
limited to the Master and | of the .Mariners to be English shall be enlarg'd to the Master and 
one Moiety of the Mariners at least to be English, and that it shall and may be lawfull to and 
for the Owner or Owners of any such ship or V'essell to navigate the same with such 
mariners whereof the Master and one Moiety of the Mariners at least shall be English, 
without incurring any penalty or forfeiture for so doing, and without subjecting the Goods or 
Merchandizes, laden on such ship or Vessel, to any other customs, duties or payments than 
should have been paid for the same in case the same Ships or vessels had been navigated by a 
Master and J"" of the Mariners being English, any former Law or Statute to the Contrary 
thereof in any wise not withstanding. 

Copy of a Clause of an Act of Parliament referred to in the 20"' Article of the 
foregoing Instructions. 

And whereas the Importation of Tobacco in Bulk hath given abundant oppertunity to ill 
disposed Persons to run the same on shoar without paying His ISIajesty's Customs due thereon, 
to the great impairing of the Revenue and the no less prejudice of the fair trader, for Remedy 
whereof Be it enacted by the authority aforesaid. That from and after the 29"' day of 
September which shall be in the year of our Lord 1700, no Tobacco be brought or imported 



into this Kingclom of England, Dominion of Wales, or Town of Berwick upon Tweed in any 
ship or Vessel from any of His Majesty's Plantations on the Continent of America, nor shipped 
in any of the said Plantations in order to he so imported, otherwise than in Cask, Chest, or 
Case, only each Cask, Chest or Case whereof shall contain 200 \\^' of neat Tobacco at y' least 
& each 100 thereof shall contain 112' under the Penalties and Forfeitures following. That is 
to say that all the Tobacco so imported or shipped to be imported, contrary to this Act, shall be 
forfeited, and every Person or Persons offending, contrary to the true intent and meaning hereof 
shall forfeit sixpence for every pound weight thereof, f parts thereof to His Majesty, His Heirs 
and Successors, and the other third part thereof to such person as shall seize or sue for the 
same, Provided nevertheless, that such small Quantities as shall be necessary for the Ship's 
Company's smoaking in the said Voyage shall not be deemed or construed any Breach of this 
Act. The said forfeitures and Penalties to be recovered by action of Debt, Bill, Plaint or 
Information in any of his Majesty's Courts of Record at Westminister, in which no Essoign, 
Protection or Wager of Law shall be allowed nor more than one Imparlance. 


A List of all Shij)s and Vessels (hat have entered and cleared at 
in Her Majesty's Province of New York from the 
day of to the day of 

Ships an^ 
Vessele names 

Judith Sl Eliza 
Marj-M M«rchl 

Of what 

Of wliat built 
& (iuahty 





Bond given 

m the 


Certificate of 
Port and Dale. 







English Brigant 
C Foreign made 
\ Free Sloop 
J Foreign made 

ne 40 
j « 





Ino Scott 

Rd Bramble... 
riio. Rd Burges 


Aug 31th 94 
Feb 23th 94-5 

A pi 2d 96 

Lond'nNov9th 94 


e 14th 95 
e 10th 97 

N.B. each prtic- 
uJar comodity 
mu^t have a dis- 
tinct, separate 
column &. each 
column must be 
added up at the 




Bristol Marllth97 


An Invoyce of on Board the Ship Swan of Bristol, 

Thomas Grant, Master, ho2cnd to the Port of Bristol. — 

From 1 lo 70 

one wth another 70 

Freighter's Names 

To whom Consigned. 

On the Ship's account 

March lo"" 169?- 

Tho: Grant Master. 

Vol. V. 




f A Form of Entry according to irliicli a Lht of all Ships TniJiiig to (i)iil Jroiit 

NAINIE OF ^_^^^ . jj ^. 3/„;,,,,,,'s rhliilat',„nH la Amrriro, hinnj; ll'n^trrd pin'suant to the 

i l,Al\ i a i i _ i> -. jj;,.,,y;„„, iif //i,, j„jf. ^^f-i „r ParUtimi iil is to be transmitted to the Commissioners of 

OR rORT. \ rj \, ■ ' , n ■ \, T> , r r i 

1 ILr Mijestii s Customs in the Port ij London. 

Time of: 

Emtring inwards at the Plaxtatioxs. 

^hip-» 11.™ 

Uf WlllLl 


Clearing Outwards from the Plantations. 

Time of 

Ships namc^ 
of wlial 


Kind of 


When and 
where buill 




Quanlitv of 
I'ar-o, NP.. K 

tiriili^rc OI 



1 -.par- 


Wlicn and 

Bond given. 

:ilr roltitijii 
euliirnli lira 
at llie liotloi] 

In the Register of Prize Ships the Capture aiul Condemnation must be also specially 
mentioned instead of the time and place of building. 

List of all shijts Trading to, or from, tlie Plantations, or from one Plantation to another to 
be prepared Quarterly by the Collectors of the Customs, and the Naval othcers in the Respective 
Plantations in order to he transmitted to tlie Comissioners of Her Majesty's Customs by the 
first opportunity of shipping every Quarter. 

The Lords of Trade to Governor Hunter. 

[ New-Tork Entries, H., 1-26.] 

To Collonel Hunter 

Besides what is contained in Her INIaj'^ Instructions to you tliere are several other particulars 
relating to Your Governments of New York and New Jersey which we think Ourselves obliged 
to take notice of to you. 

The late Lord Cornbury now Earl of Clarendon having had some doubts in relation to 
Fines, forfeitures & Escheats and to the appointing of a Ranger of the Woods, we consulted 
Her Majesty's then Attorney Generall thereupon, and inclose a Copy of his Report, for your 
better Information and guidance in those matters. 


Having received from the said Earl of Clareiuloii several Acts past in New Jersey in 
November 1704 we considered the same, and transmitted to his Lordsliip our observations 
thereupon tliat he might lay those Observations before the Assembly for their consideration and 
Amendment of the said Acts, before we presented them to Her Ma''' for Her confirmation. 
But not having received any answer from His Lordship we think it necessary to repeat our 
forementioned Observations to you, that upon your arrival in New Jersey you may consult the 
Assembly and give us further light in that matter. 

The Act for the settling the Militia in the last Proviso but one enacts that the sums of 
money thereby to be levyed, are to be paid into the hands of the Receiver General or Secretary 
or such otiier person as the Governor under iiis hand shall appoint, and the Mony to be applyed 
also to such Publick Uses as the Governor shall direct; Whereas the publick mony ought only 
to be laid into the hands of the Receiver General, and the uses to which it ought to be 
applied for the support of tlie Government shou'd be expressed in the Act and not left at large 
as it is in this. 

Tho' the design of the Act for uniting and quieting the minds of all Her Majesty's subjects 
in New Jersey be very good. Yet there are some clauses in the Act, which render it unfit for 
Her Majesty's Ro3ral Conhrmation, viz' That it pardons (amongst other Crimes) all High 
Treasons, Murders, and Piracy committed before the 13"" of August 1702, Whereas Her 
Majesty by her Instructions to you has reserved to her self the pardoning of those Crimes; 
which crimes are always excepted in Acts of general pardon here, and therefore we desire you 
to endeavour to get this amended in another Act to be passed for the like purpose. 

We have no other objection to the Act for Altering tiie present constitution and Regulating 
the election of Representatives ^c", but that it does not assertain the quantity of Acres 
necessary to qualify Persons to elect or be elected Representatives in the general Assembly, 
you will see by Her Majesty's Instructions what is intended upon that matter, viz' That 1000 
acres of Land, or ^£500 personal Estate should qualify Persons to be Elected, and that 100 
acres of Land and ^'50 personal Estate shou'd qualify to be Electors, But if you find this 
Regulation too high, you may endeavour to get a new Act passed for proportioning that matter 
otherwise. In the mean time this Act will remain in force, without being confirmed by Her 
Majesty, and you will make a Suitable use of Your Instructions in that behalf 

A Complaint having been made by the Proprietors of the Western Division that the Lord 
Cornbuiy now Earl of Clarendon had caused their late Secretary to deliver all Publick Books, 
Papers and Records to Mr Bass Secretary of the Province, and that their Records and Deeds 
have been carried out of the Province, which may be of great Prejudice to the said Proprietors 
we are of Opinion (and accordingly signified the same to His Lordship) That all Books and 
Papers, Deeds and Evidences relating to the Property of the soil be left and do remain in the 
hands of the Agents for the Proprietors ; And therefore if tliis be not remedied you will do 
well to give Directions therein. 

The said Earl of Clarendon having informed us that an Opinion had lately been started in 
his Governments viz' That if he send any orders to New Jersey, relating to tlie Afl'airs of that 
Province, whilst he is resident at New York, they are of no force, and so the same of his 
sending Orders from New Jersey to New York ; We think it necessary to acquaint you that 
it is a very groundless and unreasonable Opinion, the contrary being practised every Day 
here, by the Lords Lieutenants of Counties and particularly by the Lords Lieutenants of 
Ireland, who frequently send orders into Ireland, whilst they are Resident in this Kingdom. 


Having had occasion to consult S'' Edward Nortliey, Her Majesty's late Attorney General, in 
relation to Probate of Wills at New York, We enclose to you a copy of his Opinion,' which 
may he a guide to you in all future occasions. 

Not having received from New York or New Jersey any Minutes of Coiuicil or Assembly, 
nor any Naval Officer's Lists of .Ships Entred and cleared, nor accounts of the Kevenue since 
the now Earl of Clarendon's first entring upmi that (Government, We luust desire y(ni upon 
your arrival lliere to gi\e the necessaiy L)irections that the said Minutes, Accounts fc*" during 
his Lordships time l)e transcribed and sent us liy tlie first Opportunity; And that you do 
transmit to us Quarterly Transcrijits of all such Minutes ^-c" as shall be made from tinu' to 
tmie, according to your Instructions, that we may he the better enabled to lay before Her 
Majesty a true state of Matters as they shall occur. 

The said Eai'l of (Jlarenilon having transmitted to us a Remonstrance from the Assendilv of 
New Jersey to him, with his Answer thereunto, (a co|)y whereof is here inchised) we have 
considered the same and have nuule the following ( )bservations thereupon, which we think 
necessary to communicate to j'ou. 

The first Article. 
It appears e\'idently by His Lordshi[)'s Connnission that he has no jiower to pardon Treason 
and Wilfull Murder; But in such Cases he was allowed to grant Itepreives to the Offenders 
untill and to the Intent Her Majesty's lioyall pleasure may be known therein, In order 
whereunto he was with all Convenient Speed to transnutt to Her Majesty a full state of the 
matter of fact relating to such Offenders, which we do not find that he has done. Upon this 
Occasion we nuist take notice to you that the want of Prisons in New Jersey is a nuitter 
proper to be laid before the General Assend)ly : You will therefore represent to them the 
Necessity of having such Prisons built that they may grant a sullicient Eund to he apjiropriated 
to that service. 

The second Article. 
As to the C'omplaint of Paying the Fees of Court tho' the Bill of Indictnu'nt be not fomul 
by the Grand Jury, We are of opinion that the Person accused not being projierly in Court till 
arraigned before the Petty Jury, no Fees till then can be demanded. 

The third Article. 
Tis trui^ that the Probate of Wills and granting of Letters of Administration is by Her 
Majesty entrusted with the Governor, yet we do not see that the settling such an Office in 
each Division in New Jersey, as Proposed by the Remonstrance for the Ease of Her Majesty's 
subjects there, will be a lessning of the Rights of the Prerogative or of the Governour. 

The fifth Article. 

We are Opinion notwithstanding His Lordship's Answer to the Remonstrance that such a 
Patent for the sole carting of Goods as is therein mentioned is a Monopolj' within the 21" King 
.lac. 1" cap S"* 

We are also of Opinion tliat no Fee is lawful, unless it be warranted by Prescription, or 

' So(i ante, ]>. 2. — Ed. 


Erected by the Legislature, as was adjudged in Parliament the IS"" of K. Hen : 4"" in the case of 
the office then Erected, for measuringe of Cloths and Canvas (vide Coke's 2'^ Instit. fol. 533, 534.) 

We do not think His Lordship's answer to this Article is plainly expressed for it does not 
appear whether the Person who has tiie Custody of the Records has given sufficient Security 
for tliat Trust. 

Her Majesty having been pleased by her order in Council of the 24"^ October last (a Copy 
whereof is here inclosed, the Original having already been sent to the President and Council) 
to signify her disallowance and disapprobation of an Act passed in the Province of New 
Jersey in December 1704 Entituled, 'An Act for Regulating Negro Indians and Mulato Slaves 
within tills Province of New Jersey;' by reason the Punislunent to be inflicted on Negroes &c'' 
is such as never was allowed by or known in tlie Laws of this Kingdom, You are to cause the 
said Order to be published and Entred in the Council Books of that Province, if not already 
done as usual. 

Her Majesty having been likewise pleased by another order in Council of the 15"'' of 
December 1709 to repeal two Acts passed in New York, the C"' of October 170S and the 
24"' of May 1709, relating to Fees and irregular Extortions, We herewith inclose the same, 
which you are also to cause to be published and entred in the Council Books of New York. 
So We bid you heartily farewell. 

Your veiy loving Friends, 

Stamford J. Pulteny 

Whitehall Dartmouth R. Monckton 

Decemb-- the 23. 1709. Pii. Meadows Ch. Turner. 

P. S. And we having been informed that several seamen who had deserted Her Majesty's 
service, from on board Her Majesty's Ship the Loestoof and Triton's Prize, have since such 
their Desertion been Imployed by Peartree and the Mayor of New York, in breach of 

the Act for the encouragement of the Trade to America, and totlie prejudice of Her Majesty's 
service, you are therefore upon your arrival in that Province to inquii-e into that matter; And 
in case it shall appear to you that those Persons or either of them have been guilty of such 
breach of the said Law, you are to cause them or the Person so appearing to have broke the 
said Act, to be prosecuted for such Offence, in such manner as by the said act is directed. 


J. Pulteney 


Ch. Turner. 


Mr. Popple to Governor JLnif(r. 

[Ni-w-Tork Eiilrics, H. 13T. ] 

1709. 27"' Dec-- 

Having received since the Delivery of the letter to you from the Lonls Commission" of 
Trade and Plantations, together with other Pajjers referred to tlierein, an order of Council of 
the 1-5"' Instant, Rei)ealing as well the Acts aliout Fees and E.xtortions as an Act past at New 
York, the Ki"' of Octoher 170S, Entituled 'An Act to enahle the Mayor, Aldermen and 
Comonalty of the City of New York, to raise the snm of si.\ hundred Pounds in Two Years, 
for the uses therein mentioned' I thought it proper to send you the same here inclosed, with 
the Reasons for tin- Repeal of the said Act (the reasons for the Repeal of the other two heing 
among the furemcntioned Papers) which Order you will perceive by their Lordship's foresaid 
Letter, is to be publislied at New York, and Entred in the Council Books there, as usual. I 
am to desire you will return me the Order of Council touching the Acts about Fees and 
Extortions put up with tlie aforesaid Papers that I may give back the same to the Council 


I am, f^% Your most humble Servant 

W"' P. 

Earl of SiindtrJand to tlte LorJ-s of Trade. 

\ New-York F.nlrk's, n. 141. ] 

To the R' HonH" the Lords Commissioners ibr Trade & Plantations. 

]My Lords and Gentlemen 

I have laid before the Queen Your report of the S"- of the last month relating to the 3000 
Palatines that are to be sent to New York to be there employed in the Production of Naval 
Stores which Her IVLnjesty is pleased to approve and has commanded me to write to Colonel 
Hunter Governor of that Province to act conformably thereto, So far as it may concern him 
which I have done accordingly & acquaint you therewith lor your Information. 

I am. 

My Lords & Gentlemen 
Whitehall Your most humble Servant 

Jan^ the 7"' 1710 Sundert.and. 


Lords of Trade to Governor Hunter. 

[Xew-Tork Papers, 11. 150.] 

To Colonel Hunter. 

Having received Information that a clandestine and Illegal Trade hath and still continues to 
be carr3^ed on by several Persons in the Province of New York under Your Government to 
Curacoa and S' Thomas, by which means the French Islands and their Privateers are furnished 
with Goods and Provisions to the great prejudice of Her Majesty's subjects, We send you 
here enclosed an Extract of such Information that you may make strict enquiry into the truth 
of the several matters of Fact alledged therein, and, if you find sufficient ground, that yon 
cause such Persons as have been concerned in such Illegal Trade to be prosecuted according to 
Law. By the said Extract You will see how a Trade is carryed on with Martinico by means 
of their Flags of Truce, We think it therefore necessary that you take all possible care, 
when any Flaggs of Truce shall arrive at New York they be not permitted to trade during 
their stay there, or allowed to go on shore to examine the strength and condition of Your 
Government; And you are to give us an Account from time to time of your Proceedings 
herein. So we bid you heartily farewell. 

Your very loving Friends 
Ph : Meadows 

Whitehal J° Pulteney 

Jan'-y the 19"" 170 a Rob' IMoxckton. 


This was Subjoyned to the Extracts of Three Memorials relating to Illegal Trade 
&'* carryed on between Cura§oa, S' Thomas and the British Plantations in 
• America. 

In April 1707 an English Privateer belonging New York, Paul Miller Command'" lay in the 
Harbour and demanded Liberty to go out, and went to the Governor of Curacoa and shewed 
his Commission, but the Governor wou'd not let the said Miller goe out. The next tho' 
Sunday a sloop of Phillip Senyors was fitted out to goe and take out her loading of goods out 
of them at Bonyra, but there being so much noise in the Town that the Governor should let 
them go out again, that the Frenchmen were afraid to stay ; I was in the sloop that was 
sent out after them and stay'd at Bonyra 8 days for them, but they were gone to S' Thomas's. 

In the beginning of May 16 or 18 Sail of the best Sloops at Curacao lay by for want of 
bread and flower, and the people of the town had hardly bread to eat and had not several 
sloops from New York arrived soon after, there would certainly have been a famine in the 

In the beginning of March 170? I saw a sloop that belonged to New York, one Peter 
Rowland Master, receive of one Moses Mears a Jew at Curacoa a sham Bill of Sale for the 
sloop, as if he had sold here to Rowland, in the name of himself and one John Everit an 
Inhabitant of Curacoa, this Rowland was to swear, when he arrived at New York that the 
sloop was his own, and that no foreigner directly nor indirectly, had any part, share or interest 
in it, and at the same time the Jew gave Rowland sailing Orders to go for New York, and there 


to tnke ill liis loading of Provisions and tiuni make the best of liis way to Cura^oa signed in 
iiis own nnme. and for Jolni Everit, this sloop had been at Cura(;oa and had carried down 
to the .Xortli side of Jamaiea a ureat (|uaiitity of Dtitrh (loods and from theiu-e ranie up to 
S' Thomas's and when Uowlaiid went for New York, carried with him several j\cw York 
factors, that had lived there to sell bread, ilower and beer, one of them named Kobinson said, 
when I come to New York 1 shall be I'xamined i)y the ( iovernor whether we sell our Provision 
to the French or the Danes, and said that if the Governor should know that the French 
bought up all their I'rovisions he would soon put a stop to them, this sloop was to touch at 
Bermudas and deliver a great (piantity of liniien and other dry goods, and the rest of her 
loading was cotton and Molosses for New York whicli ought not to i)e carried from a Danes 

In May 1704 Cap' Dilly came to CuraCj-oa from New York loaden with bread and flower and 
delivered his cargo & bought dry goods and went to Jamaica. 

In the latter end of October 1707 one Captain BoUens of New York went from Cnra^oa to 
New Haven with dry Dutch Goods, near the sound of New York, tlie most convenient place 
to run goods. 

Lords of Trade to tlie Earl of .S'/ntdcJ-Ia/id. 

I New- York ICiitrios, II. lr.5. ] 

Jan>- 20"^ 170Ji^ 

To the Right Hon'''^ the Earl of Sunderland. 
:My Lord. 

Colonel Hunter having desired that he might have an Instruction from Her Majesty tor 
settling the Palatines at New York, as is proposed by our Representation of the -5"= December 
last, We have prepared the Draught of such an Instruction for Her Majesty's Royal Signature, 
and transmit the same here inclosed to your Lordship and are, My Lord, Your Lordship's 

Most humble Servants 

Ph: jMeadows 
j° pulteney 
r' monckton. 

Additional Instruction to Our Trusty and wel beloved Robert Hunter Esq'' Our 
Captain General and Governor in Cheif of our Province of New York in 
America, Or to the Comander in Chief of our said Province for the time 
being. Given at Our Court at S' James's the 26"" January 170|\ in the 
Eight year of Our Reign. 

Whereas Our Commissioners of Trade and Plantations have by their Representation of 
the 5"" of December last laid before us a Scheme for the Settling about Three Thousand 
Palatines at New York, and for Imploying them in the Production of Naval Stores in that 


Province, And Whereas being willing to promote so good and advantageous an undertaking 
We liave thought lit to approve the said Scheme as set forth in the said Representation a copy 
whereof is hereunto annexed, It is our will and pleasure that you take care upon your arrival 
at New York that the said sclieme be duly put in Execution, and particularly such parts 
thereof wherein you as our Governor and Commander in Cheif of tliat I'rovince are more 
immediately concerned. 

Colonel (Jifciri/ to fJte Lords of Trade. 

[New- York Entries, W. 163.] 

To the Right Honourable the Lords Commissioners for Trade and Plantations. 

Right Hon*"!' 

Inclosed is the copy of what I took the Freedom to write to your Honours lately by way 
of Lisbone, since wiiich I have but little to add ; inclosed is the copy of the Act past in 
Maryland, which I mentioned in my former; Colonel Ingoldesby hath held a long Session of 
Assembly, I could not be there. There was an -Act past in My Lord Lovelace's time for 
raising 1700" at S' p' ounce eight hundred pounds of which sume was given to his Lordship, 
but, on the death of my Lord, the Act was defective; This Assembly have appointed the 
use of it and have given Colonel Ingoldesby allmost all that was designed for his Lordship 
besides the 200'' wiiich was given to himself. I have not had time to infonn myself of what 
other Acts they have past, but by the next your Honours shall have . era, I beleive your 
Honourable Board will see the necessity of restraining all these Governments from passing 
any Acts in the absence of Her Majesty's Governo'' else those opportunitys w'^l be improved 
to the Queen's prejudice, which is most humbly submitted. There are a vast number of 
Grants past in New York Government so that the next Governor will have nothing to doe 
of that Nature. I will not presume further on your Honour's time but begg leave to subscribe. 
Right Hon'"^ 

Your Hon" most obedient Servant 

February the lO"" 170-,^„- Rob' Quary 

Memorial of John Rayner^ E-^l-i ''^ Lord GodoljyJmi. 

[New- York Entries, II. 160.] 

To the R' Hon'"'^ Sidney Earl of Godolphin Lord High Treasurer of Great Britain. 

The Memorial of John Rayner Esq"" Her Majesty's Attorney and Advocate 
General of the Province of New York. 
Humbly Sheweth 

That the said Province was (after its Surrender by the Dutch) granted in 1(364 to the then 
Duke of York and his Heirs and reunited to the Crown by his accession to it. 
Vol. V. 21 


That by Grants under the Duke and the several Governors, the far greatest part of that 
large contuient, being al)out 300 miles in length, is granted away, and in great quantities to 
particular persons in Fee, and not 100=£ connnunibus annis received in (juit Ifents, l)y reason 
of the small Reservations made, and the not enrolling, or the enrolments being lost, of many 
Patents, Whereas if reasonable Rents had been reserved, they wouUl pro])ably now have 
supported the Government, for which there is no standing Kevenue. 

That in most of the Patents there are Conditions of Improvements to be made in three or 
some other number of years, many of which have not been performed. 

That tiie Grants have been most of them made witiiout any Fteport from tlie Surveyor of 
tlie quantity, quality or Value of the Lauds many of them not agreable to the Governors 
Instructions, and in several particulars illegal, and by Information there are several concealed 
Liuids, no General Survey lun'ing been yet made. 

That the said M^Kayner is sensible he could do considerable service to the Crown in 
asserting Hfr Majesty's title to her Lands and Rents, was there where witlial Imprested for 
detVaying the Charges of such Proceedings and Survey. 

Tliat by Virtue of !iis Gtlice of Attorney lie is obliged to take car(> of all matters as well 
Criminal as Reventionall, and has since he hath had the honor of being imployed by Her 
Miijesty, done his duty therein at his own expence without any further or other allowance than 
a bare salary of loO" p'' annum here. 

That he did depend upon a salary of ^100. p'' annum usually jiaid there to the Attorney and 
.£100. p'' annum more as Advocate l)y an Establishment made for the Admiralty Officers upon 
an accidental Revenue belonging to Her Majesty, arising by certain Acts of Parliament against 
unlawfull Trade (which is incumbent upon him to prosecute) for the first of which there is no 
Provision, And the last the Receiver is not willing to pay without an order from hence. 

That lie hopes your Lordship will think it reasonable which he humbly desires. That he 
may have your Lordship's (Jrder to be paid the arrears of his Salary there, out of the arrears 
of Quit Rents which will be got by his means and care, and substantiated for the future, and 
that he may be paid his growing Salarys out of the said Keuts and accidental Revenue, 
according to tiie said Establishment (both the said Revenues being under your Lordship's 
direction) if no other Provision be made for the same. 

That there being a great number of the Palatines now to be settled in that Province, the 
chief care and trouble of it, under the Governor, will belong to his Office as Attorne)' to find 
out lands for them, to advise how to be granted and to draw their Patents, and that the greatest 
and almost only Profit of his said office has arisen by the disposition of the Lands, and as he 
did in the best manner he could, manifest his good offices to those already sent, So he sliall be 
ready to do the best he can upon this Occasion, But he understands there is a direction here 
that the Patents shall be made to them gratis which will be a considerable charge and expence 
to him besides the great loss in the chief and almost only profitable perquisite of bis Office. 
He therefore humbly desires that he may be considered therein, and in the premises in such 
manner as your Lordship shall think fit and reasonable. 

Feb>' 16'" 1710 


Secretary Popple to Mr. Lovmilcfs. 

[New-Turk Eatrk-s, U. 1C4.] 

To William Lowndes Esq"'. 


In pursuance of My Lord Treasurer's desire signifyed by your letter of the 2"^ Instant the 
Lords Commissioners of Trade & Plantations have considered the Memorial of M'' Rayner, 
Her Majesty's Attorney & Advocate General of New York, and have thereupon commanded 
me to signify to you as follows. 

"That he sets forth that there being several grants of land made in that Province without 
" any Report from the Surveyor of tiie Quantity, Quality or Value thereof and which have 
" not heeu improved according to the conditions of the said Grants, he beleives if there were 
" mony imprested to him for defraying the charge he could do considerable service to the 
" Crown." 

As to this, tho' the Grants may have been irregularly obtained and the conditions not 
complyed v?ith, yet their Lordships can not think it will be for Her Majesty's Service that 
those Patentees should be molested in their Possessions by such Prosecutions as M^ Rayner 
proposes in regard it may discourage the seating and cultivating of Land there. However 
if he shall at any time be imployed by the Governor and Council there in performing 
any service of that kind in such case their Lordships think he ought to receive a suitable 

He further sets forth " that besides a Salary of £\bQ p"" annum payable here, he depended 
" upon a Salary of ,£100 p"" annum as Attorney payable out of the revenue of that Province, 
" which he says is precarious and uncertain, the Assembly having reserved to themselves a 
" power of applying that Revenue to such purposes as they shall think best, and ,£100 p'' 
" annum more as Advocate by an establishment which he alledges to have been made for the 
" Admiralty Officers upon an accidental Revenue, arising from the forfeitures or Penalties of 
" Acts past here against Illegal Trade, which last mentioned Salary the Receiver there is 
" unwilling to pay him without my Lord High Treasurer's Directions, & therefore he prays 
" that his arrears may be paid out of the Quit Rents that will be recovered by his means, and 
" his growing Salarys out of the Quit Rents and accedental Revenue." 

Upon this article their Lordships observe that he will be paid his Salary of Attorney 
General in the like manner as the Governor and other officers are out of the Revenue 

As to his salary of Advocate if my Lord Treasurer think fit it be paid out of the fore 
mentioned accidental Revenue arising from Forfeitures for Illegal Trade their Lordships have 
no objection thereunto. 

Lastly he prays that in Regard "the Grants to the Palatines are to be made without 
" fees, and that the care and trouble of finding out Lands for them, of advising how the 
" Grants are to be made, and of drawing their Patents will lye upon him as Attorney General 
" he may have a consideration for that service." 

Upon this their Lordships further observe that the Grants are not to be made till the said 
Palatines by their labour and Industry in the Production of Naval Stores shall have repaid 
what Her Majesty shall have disbursed for them ; That the finding out Lands for them belongs 
to the Surveyor of that Province; and that the Governor has instructions directing him how 


and ill wliat manner tlie saiJ Lauds sliall be granted ; and as for a consideration for the 
Drawing tlie Patents tlieir Lordships iiave no objection why he may not be allowed the same 
out of the Revenue there, when those Patents shall be drawn. 

Whitehall I am, S'' Your most humble Servant 

Feb: 24"' ITOi^^ W" Popple. 

Lienii^nant Oorernor ImjoTdi'shy to tlie LorJ^ of Tiwle. 

[New-Ti.rk Entries, II. ISG.] 

To the Right Hon'''" the Lords Comission" for Trade & Plantations. 

My Lords 

Since the last I had the honor to write to your Lordships of the 5"' of July by her Maje.s" 
ship the Lowestaf, the Assembly of this Province met and sat from the IS"" of August to the 
12"' of November last and past several Acts which I could not send, the Secretary and Clerk 
of Assembly being not ready with their Minutes, on the IS"" of November I vi^ent to Burlington 
to meet the Assembly of the Jerseys which satt uutill the 31*' of January having past tenn 
Bills which I do now send to your Lordships for her Majesty's approbation, I send likewise :J 
other acts past before with the Minutes of Councill, and those of the Representatives so that 
your Lordships will see what has been done in that Province ; As to the last Expedition 
designed against Canada Colonel Nicholson being gon home to give Her Majesty a full account 
thereof I shall not presume to trouble your Lordships about it, but as I must in justice inform 
Her ^Lajesty of what the Assembly & people have done thereon, I beg leave to acquaint your 
Lordships that never people went on more cheerfully on any design then they have done on 
tills, having raised 14.000^.'. for the execution thereof, and which will not doe as I am told by 
4,0004^ which I can not know presisely untill the accounts are setled, as we are informed that 
Her Majesty has been pleased to appoint Colonel Robert Hunter Governor of these Provinces 
and are told that he is at sea coming hither, I shall not fall into any particulars on any of the 
Bills, nor anticipate by giving your Lordships any private Opinion on any point relating to the 
same, or to any other matters, leaving that to that Hon*"* Gentleman to doe after his arrival. 
I remain My Lords, Your Lordships Most Obedient 

humble Servant 

March 15. 1710 Rich: Ingoldesby. 


Vi6^it of Three Indian Sctcliems to tlie Lords of Trade. 

[Journal, XXI. 417.] 

Whitehall, April SS"- 1710 

At a Meeting of Her Majesty's Comm" for Trade and Plantations. 

Present — Earl of Stamford S' Ph: Meadows 

Lord Dartmouth M"' Pulteney 

M"' Monckton. 

Three of the Sachems lately arrived from New York coming to the Board, Their Lordships 
acquainted them by their Interpreter M"' Abraham Schuyler that they were glad to see them 
here, and that they would be ready to give them all the assistance possible in anything that 
might relate to their service. Whereupon the said Sachems returned their Lordships thanks, 
and desired their protection from time to time as occasion might require.' 

Governor Hunter to Secretary Popple. 

[Now-Tork Entries, H. no.J] 

To M-- Popple 


I give you this trouble that you may acquaint their Lordships of the Council of Trade that 
I arrived here two days ago. We want still three of the Palatin Ships & those arrived are in 
a deplorable sickly condition. All is quiet on the Frontiers; by the next occasion I shall be 
able to inform their Lordships more particularly with what relates to this Province, but this 
ship being ready to sett sail for Lisbon I have only time to add that I am, S% 

Your most humble Servant 
New York Ro: Hunter. 

the 16 June 1710. 

Colo7iel Quary to Mr. Pulteney. 

[New-York Entries, II. 1S3.] 

To John Pulteney Esq^ 

Right Hon*-". 

There hath been such miscarriage in letters that I thought it my duty to send severall copies 
of the inclosed in hopes to secure one safe to your hands. I am honour'd with your most 
obliging letter of the 10"" of September last, for which I return my most humble duty. As 

' For an account of the reception of these Indiana at Court, auJ their speech to the Queen, see Smith's History of New- York ; 
New- York, 1829, I., 175. — Ep. 


soon tis I Iieanl of His Excellency Collonel Hunter's urrivall in his Government of New York, 
I hastened thetiier to ])ay my duty to him, in few days he went to the Jerseys and published 
his Commission in that Province to the great satisfaction of all persons and partys wliose 
spirits and tempers he liad so allayed and sweetened by his speech in Councill (which was 
soon made publick) that there appeared a very great disposition in all persons towards an 
union and reconciliation of all p''ticular differences, disputes and former quarrells so that those 
who were the greatest enemies seemed to contend only who should soonest referr all Contests 
to the Judgment & Determination of so good a Governor, & I begg leave to assure your 
iionour that tiie reconciliation of these private quarrells will very much tend to the 
accomodating all the pvd)lick desputes and Contests of the Country in a Generall Assembly; 
tiie main of all being that of Property, in which his Excellency hath assured tiiem that he will 
not interpose or concern himself, but leave it wholly to the determination of the Law. Had 
some former Governors taken that just and prudent stepp the Country would never have been 
involved in those heats and confusions which of late they have laboured under. I may truly 
say that never any Governor was sent into these parts of the world so very well qualitied to 
answer this great end as his Excellency Colonel Hunter is, his Judgment, Prudence and temper 
is very extraordinary and sufficient to overcome greaf difficulty tiian wliat he will meet with 
in composing the differences of these Governments. I cannot at present be more particular 
but shall by the next. Before I conclude I begg leave to assure your Hon'' that his Excellency 
hath shewn much prudence and conduct in order to the settleing the poore Palatines by which 
the end which Her Majesty proposed will be effectually answered in a vast advantage and 
security to all these Governments. I will not presume further on your Hon" time but referr 
to my next and begg leave to subscribe myself. Plight Hon''''. Your Hon" most faithfuU and 
obedient Servant 

New York this b'^ Rob' Quaky 

July 1710 [1710.] 

Collonel Nicholson is expected in Boston every day all things is in a readyness there (as 
I am informed) they are uni^asy at his stay, the nature of the design requires all the dispatch 
imaginable, delay may prove fatal. I hope the next Post will bring the account of his arrival 
and so remove all fears. 

Governor JInnter to tJie Lords' of Trade. 

[Xcw-Y.irk Eiilrios, II. 17:).] 

To the Right Hon'''"' the Lords Commissioners for Trade and Plantations. 

My Lords 

By a small vessell bound for Lisbon I gave your Lordships notice of our arrival here, since 
that time all the Palatine ships separated by the weather are arrived safe except the Herbert 
Frigat where pur Tents and arms are, she was cast away on the East end of Long Island on 
the 7"' of July, the men are safe, but our goods much damaged. We still want the Berkley 


Castle which we left at Portsmouth, the poor people have hcen mighty sickly but recover 
apace, We have lost above 470 of our number. 

Soon after my arrival I sent the Surveyor with some skilfull men to survey the land on the 
Mohak's River, particularly the Skohare to wJiicli the Indians had no pretence, being Colonel 
Bayard's Grant, they however, by the instigation of some ill intentioned men at first refused 
to suffer it to be surveyed upon pretence of its having return'd to them after the resumption, 
but have been better advis'd since, so that at tliis time he is actually surveying of it. These 
lands however I believe will be no ways fit for the design in hand, being very good Lands, 
wliich here bears no Pines and lyes very remote. I shall however be able to carry it on 
elsewhere, for there is no want of Pines but the pine land being good for nothing the difficulty 
will ly in finding such a situation as will afford good laud for their settlements near tlie Pine 
lands ; I am in terms with some who have lands on Hudson's River fitt for that purpose which 1 
intend to view next week in company with INP Bridger who is now witli me, and gives me good 
Incouragement tlio' I have mett witii some discouraging Accounts here, but after full Information 
1 beleive I shall be able at least to accomplish the great design so I be supported in it at home. 

I have as I think a much more difficult task here that is reconsiling men to one another and 
their true Interests, all I can say as yet is that they are in no worse disposition then that I 
found them in. I can make no Judgement as yet of the settling a Revenue, some alteration 
in the Commission of the Peace and Militia seem absolutely necessary, but none shall he made 
but such as are, so that your Lordships may not be troubled with Complaints, and I may have 
no difficulty in answering; In this as in everything else I shall have no regards but to her 
Majesty's true Interest, according to the best of my capacity. 

There was a mistake in the transcribing of my Instructions as to the name of M'' Prevost, his 
name is David, but in the Instructions Daniel, There is another in Her Majesty's Letter for 
restoring M"' Walters, his name is Robert, but in the letter he is called Thomas Walters, your 
Lordships will I hope give directions to have them rectifyed, I have however ventured to swear 
them of the Council, the mistake being palpable, and I at a loss for a Quorum without them. 

I have sent by this Conveyance (the Kingsail) tiie seals of the Two Provinces broken in 
Council as I am ordered by her Majesty's Instructions. 

There is one thing I must humbly oiler to your Lordship's consideration. There is a Tract 
of Land, part of the resumed Grant of Captain Evans, called the Higlilands, being about 
twelve miles in length along the River, mountainous and barren and Incapable of Improvement 
or of a road, and only valuable for fire wood, no man will accept of any part of it under the 
Quit Rent directed to be reserved unless it be what is contiguous to the River, where he may 
with ease transport the wood; so I beg your Lordships will be pleased if you think good to 
explain that part of the Instruction directing that the length of each Tract of Land to be 
hereafter granted do not extend along the Banks of any River with an exception as to that 
part of Evans Grant, lor if the Patenting of Lands and Increasing the Quit rents be necessary 
this Exception is so. 

One thing more, the Queen likewise directs by Her Instructions, that in each Patent there 
be a Covenant on the Part of the Patentee to plant, settle and effectually cultivate at least 
three acres of land for every fifty in three years from the date of the Patent. Most of the 
unpatented, lands within this Province lye very much exposed to the French and Indians of 
Canada on the Frontiers, so that during the warr no settlement can with any saiety be 
attempted, wherefore I offer it humbly to your Lordships if it be not necessary to apply to Her 
Majesty for leave to grant lands with a Covenant to plant and settle as before in three years 


after the conclusion of llie present warr witli France, whicli will increase the Quit Rents in 
the mean while ami secure the planting of these lands in that time. 

And to what relates to the Indians, The Senekas suspected to be in the French interest have 
ever since my arrival kept their Fires burning as a sign of their continuing in the Covenant 
Chain, and have by one of their Principal Sachems endeavoured to clear themselves of that 
suspition. The Waganha's' a nation heretofore in the French interest at a meeting of the Five 
nations where two of our deputies assisted have entred into the Covenant. The French have 
built a stone Fort at Chamblis on the River tiiat runs from the lake into the River of S' 
Lawrence. They have had lately four ships from France, two with men and two with 
Provisions. They have sent some small partys of their Indians toward the Frontiers of New 
England of which I have advised Colonel Dudley, These advices we have from our spyes. 

I have sent to the five nations to meet me at Albany the 10"" of August, and have fixed our 
assembly to the first of Septemb"' the Harvest obliging us to that delay, and some small time 
being requisite toward the quieting of Men's Minds before they meet in an Assembly. 

In relation to the malversations of M"" Peartree and the present Ma)'or of New York,^ I must 
refer your Lordships to Captain Davis and Captain Clifton's Information, who are now bound 
for England. Captain Davis declares only that the Mayor had hindred him and his Captain 
from pursuing their deserters and had threatned to clap them in prison if they oft'ered at it, 
Peartree however was in no ways acceptable here as a Councillor, as I find the other is not as 
a Mayor having continued so for several years. 

By an express from Colonel Nicholson I have just now notice of his arrival at Boston the 
l?"" of July. The Berkley Castle the last wanted Palatine Ship lost Company with them the 
3"* of July last. I shall weary your Lordships patience no further then by assuring your 
Lordships that I am witii the deepest regard 

My Lords, Your Lordsliips' most obedient 

and most humble Servant 

July 24, 1710. Ro: Hunter. 

Mr. liridger to Secn-tanj ropile. 

[New-York Enlries, U. 180.] 

To M^ Popple. 

I have the honour to receive Her Majesty's letter and one from their Lordships by Colonel 
Hunter, Governor of this Province, wherein Her Majesty is pleased to comand me to goe for 
this place in order to assist the Governor in the Placing and instructing the Palatines in the 
raising Naval Stores. This service is very chargeable to me which I begg may be considered 
by their Lordships representation to my Lord Treasurer of the service I am now on. 

S'', I do not fear but a few years will prove that Her Majesty may be sufficiently supply'd 
hence with Naval Stores, The Tar Tree must stand two years after preparing before it can 

1 OuLiwas. Cvhkn's Fire A'atioHS, xvi., -12. — Ed. 2 Ebe.\ezek Wil-so.n. Valmline's Mumtal. — Ed. 


be made into Tarr which time once sunk or over a constant supply will follow this I have 
acquainted their Lordships with more than once, I am now going up Hudson's River in order 
to settle the Palatines on proper land. 

S^ I am sorry their Lordships cannot support me in (he seizures of the Masts I have made, 
nor the Expences I am at on that service, it is impossible for any officer to preserve Her Majesty's 
interest, now every one going into the woods in defiance and cut what they please ; 1 have 
laid the same so often before their Lordships, that 1 now most humbly begg pardon for 
repeating it. 

S^ In their Lordships letter I understand the Act I proposed for the preserving all While Pine 
or Mast Trees, was not come to' their Lordships hands; It is the same with the other Act that 
preserves Pitch Pine and there only wants the words of all White Pine and Mast trees before 
or after Pitch Pine, as you shall think proper, the penalty to be one hundred pounds sterling 
for every tree cut, fell'd or destroyed according to the words of the Charter, only the forfeiture 
to be one moiety to Her Majesty the other to the Informer that shall sue for the same, humbly 
submitting all to their Lordsiiips, I am, S'. Your most humble Servant 

New York July 20"" 1710 J. Bridger. 

Governor Hunter to Lord Bartmoutli^ Secretary of State. 

^ [New-York rapere, VI.; 32.] 

New York y« 2S July 1710. 
My Lord. 

Her Ma''' was pleased to direct me to see that justice was done here to my Lady Lovelace, 
and spoke very feehngly of that Lady's affaires, when I had the honor to kisse her hand for 
leave. The case stands thus: By an Act of Assembl}' in the Jerseys there was ^SOO given to 
the Lord Lovelace; after his death there was auotlier Act of Assembly past giveing .£-500 of 
that sum to Coll. Ingoldsby the then Lieu' Govern^ ^100 for contingencys, and .£200. only to 
the Lady Lovelace. I suppose by this time both these acts are laid before he Ma'^ and I make 
no doubt of her Ma**^ approveing the first and disapproveing the later, but the difficulty will 
be to gett back the money. Coll. Ingoldsby haveing already toucht it, and his necessitous 
circumstances will hardly allow him to refund, as I am inform'd. I wait her Ma''" orders in 
that matter and shall do all my best to procure that Lady justice, and in every thing to act for 
her Ma"''* service, which on many ace'' ought to be the whole businesse of my life, and beg 
your Lordship to believe that I am with the greatest gratitude and deepest regard. 

My Lord 

Your Loi** most faithfull 

and most humble Serv' 

(signed) Ro: Hunter. 
I wrote at large by the Kingsale : 
this comes by the Maidstone. — 

Vol. V. 22 


Governor ITnnter to the Lofds of Trade. 

[NL-n-V.irk Entries, H. in:,. ] 

To the [light lion'"''' tlie Lords Coiiiissioners of Trade and Phintationp. 

^ly Lords. 

I am just returned from settling the Palatines on Hudson's River, and the Deptford Man of 
Warr under sail, so that 1 have not time to send j^our Lordsiiips so full an account of affairs 
here as I could wish and as I shall do hy the Mast Fleet. 

The Assembly here mett on the first of the last month and adjourned during my absence, 
at their opening I recomended to them the setling of a Revenue, the Defence of the Frontiers, 
the IMilitia Act, restoring the public Credit, an act ibr returning sufficient Jurors, an Act to 
prevent the Burning of Woods, an Act for the relief of tlie creditors of Bankrupts in England 
out, of their Instates in this Province 

Tiiey mett in very indillerent hunu)ur but i Impe they arc now in a better disposition, they 
sent for an Estimate of the yearly expences of the Government wliich was laid before them. 

The first Act tliey passed was an Act for reviving and continuing tlie Militia Act to the first of 
November 1711. 

Tlie next was an Act for the better settlement and assurance of Lands, both which have 
past the Councill with some amendment. 

The Assembly has likewise past an Act for laying an Excise on all strong liquors retailed, to 
be continued to the first of November 1711, and the money arising from tiience to be paid 
to the Treasurer of the Colony for the time, and to be by him payd and apply'd to such uses as 
by an Actof General Assembly hereafter to be made for that purpose shall be limited & expressed. 

They are so fond of their own Treasurer which her Majesty has been pleased to allow them 
in some cases, that no arguments hitherto used can prevail with them to direct the money 
which is to goe for the suport of the Government, to be paid to the Queen's receiver here 
against whom they have conceived some prejudice. 

They have also past an Act for the more ease of Trade, and an Act for reviving an Act for 
returning sufficient Jurors in Tryals at Law, these three last have not as yet past the Councill, 
nor are the two first yet assented to, I shall send them all by the Mast Fleet from Boston with 
particular remarks. 

Tiiey have now under their consideration the scheme of the Ordinary Expences of the 
Government, It is said they wholly disapprove of some expences, and of others in part, and 
from thence are making a scheme of their own, by which they must intend either to ascertain 
the mm. they will give for the yearly support of the Government, and leave it as usual to be 
apply'd by warrant in Councill or else to appropriate the Money they give as they did when 
Colonel Ingoldesby had the Administration, a few days will clear that matter. 

A table of fees has been prepared in Councill and an ordinance ordered to be drawn for 
establishing it ; The Assembly were going to prepare a Bill for that purjiose, but this has put a stop 
to it at present, but they seem very intent to have their Concurrence in it and pass it into a Law. 

I shall be very carefuU of observing Her Majesty's Instructions in assenting to such Laws as 
they have or shall prepare. 

The Assembly in the Jerseys is to meet at Burlington the 14"' of November next, where I 
foresee more difficulties, if possible, then I have mett with here, the Councill were divided 
about the place of iweeting, one party insisting upon the Act past last Assembly, (wliich is not 


yet returned with Her Majesty's Approbation or dissent) for their meeting for the future at 
Burlington, Tiie otlier, on the [nstructiou for their meeting alternatively at Burlington and 
Anihoy, I proposed tUat in regard to the season there being hardly any house at the place called 
Amboy, they should meet pro hac vice, at Burlington and in case her Majesty should think lit 
to disapprove of that Act, that Sessions to be made good to Amboy by the two next insuing 
which was accordingly agreed to. 

By the Mast Fleet your Lordships shall have also a copy of my Transactions with the five 
Indian Nations ; they have given assurances of their fidelity and resolution to keep the 
Covenant Chain bright (as they phrase it) and have desired to have Missionarys and garrisons 
in their Castles, they have promised toreceiv'e no French Priests or Emissaries, and to acquaint 
me with whatsoever the French propose to them. 

They insisted upon their Riglit to the Lands of Scokery near the Mohacks Country and refer'd 
me to Records; I found in Albany Instructions to the Commissioners there to restore them to 
their Right and Title to these Lands, I owned their Title and they had a new consultation 
where they resolved to make a present of those Lands to her Majesty which I accepted with 
thanks in Her Name and ordered them a suitable present, which they have not as yet called 
for, and indeed this is the only land almost within this province left to Her Majesty to grant, 
tho' the whole be neither peopled nor cleared. 

I have been obliged to purchase a Tract of Land on Hudson's River from M'' Leviston 
consisting of 6000 acres, as your Lordships will observe from this imperfect draught of it, for 
400,£ of this Country money that is 26Q£ English for the planting of the greatest division of 
the Palatines. It has these advantages, besides the goodness of the soile, that it is adjacent 
to the Pine which by the Conveyance we are Intituled to and a place where Ships of 50 foot 
water may go without difficulty. Over against it, but a little further, I have found a small 
tract of about a mile in length along the River which has by some chance not been granted, tho' 
pretended to have been purchased of the Indians by some, where I have planted the remainder ; 
they are not all as yet transported, but I am making all possible dispatch that I may prevent 
the winter, this Tract also .lyes near to the Pine. M"' Bridger who attends that work, and is 
on the spott, chose the first and approved of the last place. And now I am to acquaint Your 
Lordships that this great and usefuU design of providing England for ever hereafter with Naval 
Stores, can not fail other ways than by being let fall at home, for if Tarr be made of Pitch- 
Pine, and a number of hands can manufacture it, here is enough for all England for ever, as I 
suppose M"' Bridger has informed Your Lordships more fully. I must crave leave to acquaint 
your Lordships that I was much alarmed by a letter from M'' Perry wherein he tells me that he 
not only could not get the money advanced by him of the Treasury but was told by the Officers 
there that he must expect it out of the 10,000'' given by the Parliament for that purpose. I 
know not what the Parliament has given but I know that by Her Majesty's Instructions 
founded upon Your Lordships Report, which was revised and approved by My Lord Treasurer, 
(l am ordered to put in execution that scheme which directs that they should be subsisted at the 
rate of 6'' & i'' per diem full grown and children, which by their contract they are to repay out 
of their labour when they are able to subsist themselves, and for that purpose had bills of SOOO^ 
given me which will soon be expended, and then I must see poor people starve, or subsistthem 
upon what credit I can make here, which if not supported at home I am undone, which is the 
least of the evil consequences which must attend the letting that Project drop in that manner, 
I flatter myself that what M'' Perry has heard from the Officers of the Treasury was the efttjct 
of some mistake in them, or some difficultys in the Treasury at that time. I beg your 


Lordsliips nssistance in setting tlmt matter upon a right foot tliat I may go cheerfully on with 
this great, this extensively henellcial work of Your Lordships projection which now can meet 
with no ruhl) that it is [xissihle to foresee hut that of want of support fro«m home. 

I have sent a scheme of their J'ast and future expeuce to My Lord Treasurer and shall soon 
be obliged to draw Hills upon his J.ordship for their Currant subsistance, The great e.xpence 
of the Work I shall deferr untill 1 hear further or llnd credit lor what is absolutely and 
iinniediatelv necessary. 1 humbly heg pardon for my long confused letter, hut the ships being 
unde saile I hope will in a gi'cat measure jdead my Excuse. 

[ beg leave to subscribe myself, My Lords, 

Your Lordshijis most humble 

and most obedient Servant 
(Supposed Oct: 3'' 171i).) ' Ho: Hunter. 

J//'. James Du Pre to Secretary Vernon. 

[Xi-w-Tork Papers ; Biui.lle Aa. No. 8.] 

Honored Sir 

By the Kingsail Man of War I gave myself the honor to write, but could not tlien entertain 
yon with any steps taken for settling the Palatins, since that time the Governor having found 
insuperable difficulties in setling of 'em down in the lands that were thought upon, more from 
the scituation than otherwise, they being at a great distance from the River, the charge 
of making the necessary magazines had possibly surpassed the original value so that his 
Excellency hath been obliged to Cast his Eyes elsewher* and otiers having been made to him, 
by one Robert Levingston who hath a great Tract of good manuring Land, on his Progress to 
Albany lie viewed the same with the adjacent Pine Lands & upon his likeing thereof hath 
contracted with the siud Levingstone for 6000 acres good iniproveable Land with the Liberty 
of making use of the Pines adjacent where the I'alatins may find work enough for 2 or 3 
score years to come others as the Patrone (as he is called here) & Collon. Schuyler whom 
you have seen, have done the like, so that the experience M'' Bridger hath iiad of making Tar 
from the Trees as prepared by him, makes him confident that it cannot fail of good success, 
& nothing else than the want of support from home can prevent it. Two years will be 
required to prepare the Trees, but afterwards there will be such a succession of them as will 
enable the sending Tar & Pitch enough not only for supplying the Royal but even the whole 
Navy of England, & will give such a life to y'' Trade of this Country, as may very muck 
contribute to encourage the woollen manufactory at Home & discouraging of it in the 
Plantations, by making the returns from this so far exceed the import, that it will make this 
Port the Emporium of the Continent in America. I think it Sir needless to sollicit your 
Countenance in this intended design, the benefit of Great Britain is so visible therein, that there 
need no more than hint it to make you espouse it & become soUicitor & promoter of it, with 
the ministry & in Parliament if need be for appointing a fund for setting of it briskly agoing 

The Palatins begun last week to embarck for the Places where they are to be settled, the 
rest of the time after they have prepared the Trees for making Pitch & Tar they shall employ 
in raising those things that will be fitting for their future comfortable subsistance 


Sir, I beg again leave to trouble you about my small concerns, the which having already 
laid before you I shall not enlarge on, only pray your assistance in procureing an order to his 
Kxcellency for repaying me the expences I iiave been at on the Coast of England and for 
allowing my salaries from Christmas last. His Excellency hath honoured me with the Post 
of Commissary of the Stores with an allowance of 2-50.£ J^early which obliges me to great 
expence; & provisions or necessaries of life are as dear here as at London & Cloathing twice 
the Price. I recommend myself to your favour and with my prayers for the welHire of your 
illustrious family shall conclude with subscribing m^'self with profound respect 

Honoured Sir 

Your most obedient 

& most faithfully devoted 
N York 4 Oct 1710. . Jas. Du Pke 

Lords of Trade to Governor Hunter. 

t New-Tork Entries, U. 195. ] 

To Colonel Hunter 


Since our letter of the SO"" of August a Duplicate whereof has been sent you. We have 
received Yours of the 12 4"^ of July last and congratulate yon upon Your safe arrival at New York. 

We are glad to hear that the men in the Berkley frigat escaped with tiieir lives and that 
the goods, tho' damaged, were not wholly lost, and do hope that the BerWey Castle is arrived 
e're this. 

We are well perswaided of your care and diligence in settling the Palatines to the best 
advantage, altho' the Lands on the Mohack River may not be proper for the produce of Naval 
stores, and consequently not proper for the settlement of the said Palatines, yet we cannot 
but think you will be able to find other Lands for that purpose And as you have informed us 
that you are upon a treaty with some persons for Lands on Hudson's River, we wish you had 
explained what the terms were on which the said Lands had been offered you, that we might 
have given you our thoughts therein. 

Tho' feuds and animositys between some of Her Majesty's subjects in New York have for 
some time past been carried to a great height. Yet we hope from your prudence and good 
conduct they will be allay'd, it being so much their Interest in particular, as well as that of 
the Province in General 

The mistake in the names of M"' Walters and RP Prevost was in the Transcriber of Your 
Instructions and of the Queen's letter, they were named as they ought to have been in what 
was sent from us. However we shall take care that the same be rectified; In the mean time 
your swearing them into the Council will not be misinterpreted they being the persons intended. 

We have received the old Seals of the Provinces under your Government which shall be 
laid before Her Majesty. 



We have considered what you write in relation to the Patenting Captain Evance's Grant, 
but at present can give you no particular directions therein, However in the mean time you 
may go on in the Patenting such other Lands, as siiall appear most advantagious for Her 
Majesty's Interest and for the settlement of the P'rontiers. 

As to what you write in relation to that Part of your Instructions which requires that the 
Patentees shall cultivate 3 acres of Land for every -50 acres, in 3 years after the date of their 
Patents, we have considered tiie same, and do concur with you therein; and shall accordingly 
lay it before Her Majesty. 

We are glad to find the Senecas have cleared themselves of the suspition tiu^y lay under; 
and that the Waganhas' are come off from the French Interest: We shall expect to hear the 
effect of your interview with the five Nations of Indians ; Tho' we doubt not but that by your 
ability and prudent management of them, they will be kept steady in their duty to the Crown 
and as Frontier against the Frencii. 

You have done wel to give Colonel Dudley an account of the Intelligence you had of the 
Frcncli and their Indians, But as we hope Colonel Nicholson will have success in the Expedition 
he is gon upon, we beleive the French will be less able to disturb the settlements in 
New England for the future. 

We have received a letter lYom Colonel Ingoldesby dated the l-j"" of March last, together 
with the minutes of the Council of New Jersey from the 30"" of November 1709 to the 31" of 
January ITOi'i,, The Minutes of Assembly from the 31"" of November 1709 to the SI"' 
of January 17yx as also several Acts past in that Province (a List whereof is here inclosed) 
But whereas he has neither given the reasons for the passing the said Acts nor sent us his 
observations upon each of them as he ought to have done, We desire that you will let us have 
your observations thereupon as soon as may be that we may consider the said Acts at a proper 

o])portunity. So we hid you heartily farewell. 

Your very loving Friends 
• Stamford 

Ph: Meadows 
j"" pulteny 
Rob' Monckton • 
October 20. 1710. Art: Moore. 

Mr. BruJger to the Lonh of Trade. 

[Ncw-Tork Enlrics, 11. 262.] 

To the Right Hon''''' The Lords Commissioners for Trade and Plantations. 

May it please 3'our Lordships 

My Lords. 

In obedience to Her Majesty's Commands of the 3'' of January last, which I received in 
June, and arriv'd here 10"" July which commands my attending the Orders of Colonel Robert 

' Seeaute, p. 168. — En. 


Hunter Esq' her Majesty's Governor here, to instruct the Palatines in making Naval Stores ; 
pursuant thereunto I have with the Governor been up Hudson's River at Albany and Scliinectedy 
and have seen and viewed several great Tracts of Pitch Pine proper for making Tar, Pitch &'. 
Those tracts, together with some more which I have seen, will be capable of producing a 
sufficient Quantity for the Royal Navy, and, if fully supported by Her Majesty, enough for all 
Brittain and this Government, with the others on this Continent will be capable of making 
great Brittain the mart of all Europe for Naval Stores, but, unless supply fully, this great and 
good Designe must fall entierly. 

The Land proposed in the Maquas Country for the settlement of the Palatines is so far up 
in the land, and no Pitch Pine there, render it uncapable of that service. In order therefore to 
lay this design on a better and more sure foundation, the Governor has purchased six 
thousand Acres of Land, that with some land of Her Majesty's fitting for the Palatines 
settlement, both on Hudson's River, oposite to each other, the Center of the Pitch Pine Land 
much more commodious for the designe then any other-place in this Government. 

It cannot be any surprize to your Lordships to know that it must be Two years from the 
Preparing of the Tree before any Tar can be made of them, having several times layd it 
before your Lordships; the last spring was so far advanc'd before the Palatines arrived that 
it was too late to prepare any Trees by which not only the expence but a full year is lost. 

There is nothing that I desire more than to see this great and good designe, which I have 
been labouring in more than thirteen years, fully compleated and humbly take leave to assure 
Your Lordships that no pains, care or diligence, or any thing in my power shall be wanting to 
make it effectually answer her Majesty's and Your Lordships expectation ; there is nothing can 
make it abortive but want of a due encouragement and supply from Great Britain for only 
Two Years, which will require only Fourteen Thousand Pounds a year before they are capable 
to support them selves, and soon repay Her Majesty's Charity, and to make this undertaking 
still more certain and successfull humbly beg leave to say that it is impossible for me to support 
or subsist myself in the prosecuting this service unless enabled by your Lordships to perform 
it, for I am more than £500. out of my own money above my salary for five years past, having 
no traveling charges nor my own money allowed me which J was out of in prosecuting those 
People at Piscataqua that destroy Her Majestys Woods at Piscataqua, nor any consideration 
whatever, but barely two hundred pounds a year. The services and charges I have been at I 
have yearly layd before your Lordships, I shall only pray your Lordships favours and humbly 
leave it to your wisedome and Consideration, and with all possible deference take leave 
to subscribe, 

My Lords, Your Lordships most obedient 

and DutyfuU humble Servant 

Nov-" 10"' 1710. J. Bkidger.i 

'John Bridger was commissioned by the Board of Admiralty, along with Benjamin Furzer, to inquire into the capacity of 
the American Colonies for producing Naval Stores, and to survey all the Woods for masts, oak, timber, pitch pine, and for land 
Buitable for Hemp. He accompanied Lord Bellomont to Barbadoes, where, falling sick " of a debauch," Furzer died, and 
Mr. Bridger was left behind. He, however, followed the Earl of Bellomont to New-York in 1698, and was sent by his 
Lordship to Boston to execute his Commission and to instruct the people^n the manufacture of Naval Stores. He came to 
New-York to instruct the Palatines, but returned almost immediately to New England, where he became odious, especially to 
the people of Maine, by his attempts to prevent them cutting down pine trees on their own ground. He was accused with 
having accepted money from persons for leave to cut masts, which was refused to others who were not disposed to purchase 
the permit. The House of Representatives of Massachusetts complained of him to Governor Shute, by whom he was, 
however, protected. In 172? be was succeeded in his office bj Colonel Dunbar, afterwards Governor of New Hampshire, 
Hutchinson's Uisiory of Massachusetts, II. ; Will'xamsorCs History of Maine, II. — Ed. 


Mr. BriJijtr to (lie Lonh of Trade. 

[Ni-w-Tork Entries, II. 2.:.C. ] 

To Ihc Right Hoii''''= The Lords Comissioners of Trade and riantations. 
May it Please your Lordships. 

I\Iy [.ords. 

N^'ith great suliiiiission to Your Lordships' Consideralion 1 hiinil)ly l>egg that your Lordships 
Avoidd he pleased to represent me to Her RLajesty for a Cnruis.sion to the services Her IMajesty 
lias commanded me to, tiie tliird of January last, which is a particular service, separate from 
rny other Commission and Instructions, the places live hundred miles distant from each otiier, 
this service I am to jjerform h}' orders from the (Governor iiere fVom tinm to time, wliich will 
cause a very great e.xpence on me, »nd a very great charge to lia\-e tlu^ Instruction and 
(liri cfioii of so many people on so material a service, and wlu)ly to depeud on me and those I 
sliall hring hither from New England which I know liave knowledg in tliis all'air, which must 
he my Deputies, for there is none tliat knows this work perlectly but m_y sell, either here or in 
(Ireat Britain, liaving made the experiment myself many years since, and to he surveyor 
(I'enei'al of all Her Majesty's Lands on tlie Continent oi' America which word Iirnds is, hut hy 
wliat accident I know not, omitted in my Commission, not hy designe I very well know, for 
'twas look't on to be a material service, that of her Majesty's Lands, there being great quantity 
escheated to Her IMajesty in New England, and great abuses here, for want of such an Otficer, 
as 1 am well assured, partly by what I have seen since my being iiere and partly from what I 
liav(> been told by people of knowledg, and to be Surveyor General of all Naval Stores raised 
liere, and at lioston, agreeable to the JMercliants request to your Lordsliijis last year. 
I'lly Lords, 

I huiidily begs: your Lordshi|)s favours in representing my salary to Her Majesty; The 
service will he very chargeable, the work lying in so many ])laces will require my moving 
Irimi place to place continually; I have laid out for the Palatines live Towns, all on Hudson's 
lJi\er, where i must be in the summer, and at Piscataqua in the Winter, for there is nothing 
to he done in the woods 'till then by reason of the Indians. I am endeavouring to serve the 
Ma'U Fleet bi'foi-e they saile, if possible, and then into the woods there ; Your Lordships I 
hope will consider my exigences on this great service, and enable me by a salary to support 
myself, and not to lay out my own money as I have all ways hitherto done. Her Majesty's 
Olfu'ers here have twenty shillings allowed them for their Travailing charges at home, viz' the 
Surveyor of the Customs, the Ingineer & Post Master. I hope your Lordships will think this 
si.Tvice is as material as any of those & support me accordingly, humbly submitting all to your 
Lodships' great wisdom and .lustice. I am, with all possible deference, ftly Lords, 
Your Lordships' most obedient & most dutiful! humble Servant 

New York ' J. Bridger 

Nov'' the ]3"' 1710. 


Governor Hunter to tlie Lords of Trade. 

[ New-York Enlrics, H. 213. ] 

To the Right Hon'''" tlie Lords Comissioners of Trnde cSr. Plantations. 

My Lords 

I did myself the honour to write to Your Lordsliips immediately after my arrival here hy 
the way of Lisbon, and since that time by the Kinsail and De|illbrd Men of Warr. 1 was ahle 
to a;ive you then but an imperfeet aeeount of the Affairs of lliesr l'ro\inees, and am soi'ry that 
I can mend tlie matter but little now, for tho' the Assembly here hath sale ever siiiee the first 
of September last, except during an adjournment of about ten days, wliilst [ was settleiiig the 
Palatius on Hudson's River, they have gone thro' but very little business necessary for their 
own preservation, or the suport of Government. 

Untill such time as I can send Your Lordships the Journal of their house intire, I must beg 
you'll be satisfied with what I now send, with an account of some of their proceedings and 
some remarks upon the same, which I am bound in duty to offer to Your Lordsliips. 

By my former I told Your Lordships what I had recommended to 'em at the beginning of 
their session, as you'll see more fully in the Speech at the beginning of their Journals ; Soon 
after that I was informed that they had the bill of fees, which had been disapproved by Her 
Majesty mightily at heart, and were preparing another, upon which I sent them a message to 
this purpose, that in conformity to one of Her Majesty's Instructions to me (a Copy of which 
I then laid before them) 1 was then, with the advice and assistance of the Councill preparing 
such a Regulation of Fees as I made no doubt would be satisfactory to 'em and accordingly 
sent them that Regulation with the Ordinance annex't, when we iiad prepared it, the Copy of 
which your Lordships will find herewith mark'd N° 1. 

Iminediatly upon this they prepar'd a.Bill entituled an Act for the more ease of Her Majesty's 
Subjects which your Lordships will here find marked N" 2. which Act past their House, but 
was rejected in Council, and they are now forming another Bill of Fees, which T beleive may 
have the same Fate. 

Answerable to the Proceedings the next thing they doe is to resolve that 2500 ounces of 
Plate should be levied for the Governor's necessary expences for one year, which is little more 
than half the salary appointed by Her Majesty ; upon v,-hicli I sent for their house and told 
them that reading their vote of the 25"" of October, relating to tlie support of Government,, I 
took occasion to acquaint tliem with some of my Instructions relating to that matter, lest they 
should make a wrong Kstiiiiate of the yearly expence of the Government, and accordinly 
read to 'em the 25. 20. 27 & 2S"' Articles of the Instructions, and deliver'd 'em a copy of the 
same, and desired they might be entred in the Journals of their House. I told them that altho' 
I could not accuse myself of anything even in my thoughts that miglit have deserved my being 
distinguished by them from all former Governors in that manner. Yet I should be very unwilling 
to beleive that any of Her Majesty's subjects, but more especially such as lay under so great 
Obligations to her, would call in question Her power of appointing such salaiies for Her 
Governors as she should think fit, out of the subsidies granted Her for the support of 
Her Government. The effect that this had upon them was only this, that they went on striking 
out some articles intirely, which had formerly been allowed for these purposes, and retrenching 
others to less than one half, and altho' some of their members frequently mov'd that what I 
Vol. V. 23 


had then said to tliem might l)e taken into consideration, it was industriously put off, and 
waved from time to time, and Colonel IMorris, one of their members, who in a speech (of 
which you have herewith a Copy marked 3) prest the reconsidering of that matter with some 
warm expressions, whicli they interpreted to be falsly and scandalously vilifying the honour 
of their house was expelled the same. 

The Money Bills which have passed their house are. 

An Act for laying an Excise on all strong liquors retailed in this Province to the first of 
November 1711. N° 4. 

An Act (or laying a Duty on Tonnage of vessclls and slaves for the same time. N" 5. 

An Act for laying a Duty on Chimeys for the same time. 

An Act for laying a Duty on goods sold by vendue or Auction for the same time 
which several Acts, as I am well inform'd, will not raise a P'und sufficient for the sii[)ort of 
Ciovernment, even according to their own appropriating Articles in an Act for tiiat jjurpose 
now passing their House. 

Observing that there were no steps made towards the payment of the pnblick Debts, I sent 
on Saturday last for the Assend)ly and spoke to 'em as in the 24"' Page of the Inclosed 
Journal and at the same time gave them Her Majesty's Letter, relating to the demands of the 
Lady Lovelace, and desired it might be entred also in their Journals. What effect it will have 
upon 'em I know not, but I have small hope of a good one, or indeed of any thing else that 
jiath been recomended to 'em. 

Your Lordships will be at a Loss to find out the reason of these proceedings, and their 
backwardness ibr the suport of tlie Government, I'll tell you the ju-etended ones, and then as 
far as 1 am able to guesS, the real ones. 

It's pretended that the Expedition intended against Canada hath sunck them so low that 
they are not able to raise the ordinary allowances for the Government; But that is meerly a 
pretence for the Fund appointed for the defraying the expence of that Expedition was a Land 
Tax, whereas the Money formerly given for the uses 'of Government arose by an Lnpost on 
goods imported and exported and by an Excise. 

Another reason given is the misapplication of former Revenues, which hath involv'd the 
Country, as is allcdged in a Considerable Debt. 

If I am rightly inform'd the Revenue might have been so husbanded that the Government 
might have been suported by it as formerly it w^as, that the Country miglit be assured that 
what Revenue they should think fit to give for the purposes mentioned should be duely 
ai)[ilyed, I proposed to several of their members (Judging it not proper to doe it to the House) 
that they might insert in their Bill a Clause obliging the Receiver General to be accomptable 
to them, as well as to Her Majesty; And that it might not be in the power of the Governor 
and Council to load the Country with further debts by Warrants on the Revenue ; I proposed to 
'em likewise the framing a Clause whereby no Warrants sign'd by the Governor in Councill 
should be a Debt on the Country, or demand on the Revenue, 'till it was first accepted by the 
Receiver General; and that no more warrants might be drawn on him than he had money in 
his hands to answer, he should at the expiration of every quarter lay before the Governor and 
Councill a True State of the Revenue as it then stood, that so Warrants might issue for so 
much (if the service required ) and no more, and be paid in course as they should be number'd ; 
and for this he shoidd give security here to Her Majesty, as he hath done in England, which I 
think would answer all their objections, and take from them all pretences of appointing a 
Treasurer of their own for the Queen's Revenue. 


The true Reasons as farr as I can understand from private discourse with the most 
considerable amongst them, are the exemptions, in a great measure of the neiglibouring 
Governments from such expence, but they doe not consider tiiat the Government of 
Massachusetts Bay is at 20,000^ yearly charge at least for the defence of their Frontiers, 
whilst theirs are for the most part defended by Her Majesty's forces and Purse, for 'tis apparent 
that it cost the Queen at least 20,000 a year, in maintaining of Forces and ships of War, for 
the defence of their Country and Trade. 

Another reason is, that by virtue of an Act, giving a daily allowance to each Assembly 
Man, it is now become a Trade and brings them in more than most of 'em can get by their 
ordinary Imployments, and by the popular arguments of having saved the Country's Money, 
some have got the Elections secured to themselves, who bave always been and ever will be 
the refractory in what relates to the Expence of Government. 

Your Lordships have a ready remedy in your hands for this evil, if you think fit to apply it ; 
In the S** year of King William and Queen Mary, an Act of Assembly was past in this 
Province whereby each Assembly Man had 10'''' a day allow'd him for that service, which 
Act continued in force 'till the 13"" of King William at which time an other Act past, 
whereby the first was repealed and allowing only shillings a day to each Representative 
which last mentioned Act was likewise repealed among others by an Act of Assembly made in 
the first year of Her Majesty's Reign, for repealing several Acts of Assembly &"^^. In the year 
170S this last mention'd Act was disallow'd by the Queen, so that the second mentioned Act 
came to be in force again and still continues so : Now this Act being thus in force, and not 
particularly approved by Her Majesty, Your Lordsiiips if you so think fit may advise her 
Majesty's disapprobation of it, by which means the first Act, for the lO*""^ a day will be in force, 
but never having received Her Approbation may likewise be disallowed; And then there 
will be no Act in force, whereby the Assembly can demand or receive any Wages ; for now 
that expence for this Session only amount to near half as much as they have voted for the 
support of the Government for one year, and then it may be hop'd that we may have men of 
substance, sense and moderation for Representatives, who come with true intent to serve their 
Country, not themselves, one thing I will boldly affirm to Your Lordships that the warmest 
Assembly of Men, in the most tumultuous times never strain'd the word Priviledg to that 
bent that they dayly doe. 

Their particular reasons for Retrenching my Salaries at this time is an opinion that hath 
very much obtain'd (credence) that Her Majesty hath no power to appoint Salaries, which 
most of 'em venture to say in their House, and some of the most considerable of 'em out of 
it, with this weighty Argument to back it, that by the same rule that she appoints 1200 she 
may appoint 12000. 

Now My Lords I have shewn you the evil, the pretended and the real Causes; I wish it 
were as much in my power to point at a Remedy, but that is better suited to Your Lordships 
wisdom to find out, but I must beg leave to assure you that our circumstances here do require 
an efi'ectual and speedy one, unless Her Majesty would be satisfy'd witii a very precarious 
Government in this place for the future if any at all. 

There is one thing I would propose to Your Lordships as a Remedy in part. In the infancy 
of the English Government here Lands were granted without any reservation of Quit Rents, 
at least there appears "none in the Records of niany Patents, others were granted, with a 
reservation of such Quit Rents as then were or should thereafter be established by the Laws 


of (liis Country: others, niul indeed ;dl that have siuee been fjranted 'till after tlie deatli ofliie 
Lord Lovehice, are under a very inconsiderable (^uit iient ; 'J'hose "ranted since are witli a 
Reservation ol' i!~'' (i'' each TOO acres, hut the (juantity is so small and there is so little in 
Her Majesty's gift, that if all were I'atented, the (^uit Kent would anH)unt to a very incmisideralile 
sum; so that if vour Lordshijis tliouirht lit to advise the passinu' of an Act of Parliament at 
liome, that all lands within this Province granted or to be granted should pay to IJer ^Majesty 
a Quit iient of 2" (i'' Sterling lin' every Iiundred acres, or such iiiillier sums as your Lordships 
shall tliink lit, I heleive it would goe a great way in raising a Fund sulHcientfor the Government 
liere; And if it should be olyected that l*ersons holding a great Tract of Land would upon 
such an Act resign 'em, Yet it is evident that nothing could be a greater advantage to this 
Colony, for then great nmnhers of Persons who remove from hence into Proprietary Governments 
for want of lands, would hy ihat nie:nis llud lauds at home, for there is nothing hath more 
coiilrihiited to the keeping this Country unpeopled that single men's possessing \ast tracts of 
Land to the extent of some :.'0 an<l some -W miles stpuire which Ihey keep in their own hands, 
in hopes of Planting them with Tenants of (heir own, whiidi is never to be exjieetetl in a 
Coimtry wln-re the Propi'ily may he had at so easy li'ates; ^V^ 1 am afraid af length we must 
come to some such c(intri\'anre to get the Pine i^ands out of their hands wduidi are of no 
manner of use to 'em, hut when Her .Maji'sty shall have occasion ii)r 'em they will then put a 
value uiion 'em. 

Anothi'r Penu'dy which would clli'ctuallv answer the end is the laying, by Act of I'arliament, 
an impost on all goods imporled and exported inio and liom this I'rovince; but I bideive \our 
Loidships will in tliis case tliiidv it advisahle (hat this Act should extend to all the Northern 
Provinces: As also an Excise im all ."^trong li(piors retailed, if your Lordships should think titt 
to agree to this, lor your information I relerr you to an Act estahlishing a llevenne here in 
the Year lGll-2. N" '.). 

'i'hi'se are all the Pemedies 1 can think of unless Her Majesty would be pleased to defray 
the charges of this (io\ernment from home. 

As to mv own particular I must heg the favour of Your Loi'dshijis to recommend to Her 
Majesty that my Salary for this year (if no pi-ovision he made for me here, a.s 1 am apt to 
heleive there will not ) he paid out of the Duties ;irising fi'om Cacao imported hei-e hy my 
incouragement in a I'l'ize taken hv two .Jamaiea Privateers, the Cnstoms whereof will amount 

to a very considerahle si and tliat your Loi'dships will he pleased, to procure Her Majesty's 

Order to the (lollectoi- of this Place lor the |)in'pose, oi- out of any other moneys in his hands, 
arising hy vei'tne of an\' Act of I'ai lianienl , which tho' formerly npply'd hy the Governors 
hen- to the uses of the Go\-ernmenl in common with the Itevenue; Vet doe liml it out of my 
]H)wer, the Collectors Inning orders from the (.'(nnmissioners of the Customs to remit all such 
sums to them for the t\itm-e. 

What I am m'xt to tronlile Your Lordships withall is no less Material, but I hope will give 
you mori> satisfaction; I ija\-e now settled the I'alatines upon good laiuls on both sides of 
Hudson's Itiver, ahont one himdred miles up, adjacent to the Pines; 1 have planted them in 
5 \'illages, thi-ee on the east side of the iiiver upon (iOOO Acres I have purchased of 
M'' Levingstoii ahout 2 miles from Row-Lof .Jansens Kill; The other two on the West Side 
near Sawyer's Creek, as your Lordships will o!)serve by the Inclosed sketch iV" 10, compared 
with your .Ma])ps. The lands on the West Side belong to the Queen, each family hath a 
sullicieiit Lot of good arrahle Land, and ships of 1-5 foot draught of Water can sail up as far 


as their Plantations. They have already built themselves comfortable huts and are now 
imployed in clearing of the ground : In the spring 1 shall sett tlieni to work in preparing the 
Trees, according to M"' Bridger's directions wiiom I must recommend to Your Lord.shijj's for an 
Addition" salary, not being able to attend this work upon his owne. 

And now My Lords tliis universally beneficial scheme can not fail of success but by being 
neglected at home, which 1 hope there is no reason to apprehend, for I myself have seen I'itch 
Pine enough upon the river to serve all Europe with Tarr, and 1 hope i have hands enough 
according to the modestest computation that hath been made of one man's labour for a year 
to serve Her ^Majesty's Navy at least with tliat Commodity. M'' Bridger's letter which comes 
with this \vill further inform Your Lordships of this matter. 

The Accounts which I have sent to the Lords Commissioners of Her Majesty's Treasury 
will shew you how well I have husbanded the small Funds intrusted to me for their subsistence, 
and 1 hope your Lordships will think yourselves concern'd to take care that what Bills I shall 
draw for their future subsistence be duly comply'd with lest by their failing the whole design 
prove abortive, seeing, By Her Majesty's Commands to put in Execution the scheme Projected 
by your Lordships I am directed to subsist them at G'' for all adult persons and 4'' for young 
persons p'' day, out of wJiich fund I have saved in proportion to the time, the Officers allowance 
and some part of the emergencies, and Considering that by next spring tliey will have cleared 
small tracts of ground for Indian Corn and gardens, I compute that ISOOOJ; a year for two 
successive years will be suilicient to defray the expence of their subsistance, ofhcer's Salaries 
and Contingent charges except Cowes, Horse &'^'' mentioned in the Estimate sent to the Lords 
of the Treasury. 

For whatsoever besides which I may have omitted in relation to the Palatines I referr your 
Lordships to the bearer M"' Dupre, Commissary of the Stores, who hath been of great use to 
me and I beg you will dispatch (him) speedily back to my assisteuce and I hope with a 
fiivourable return to the errant he is sent on. 

Besides the Acts mentioned in the foregoing part of my letter, I have past, and transmitt to 
Y'our Lordships, these following 

An Act ibr the better settling the Militia of this Province. Mark'd iN° 11. 

An Act for returning able and sufficient Jurors. Mark'd N" 12. 

An Act to repeal a Clause in an Act against Counterfeiting and Clipping foreign Coin, ik,^ N" 1 3. 
which is only intended to prevent their slaves from stealing their Household Plate to clip. As also 

An Act for the better settlement and assuring of Lands. ]N° 14. 

The reason which induced me to pass this Act was that the Assembly seemed to be very 
fond of it, and I would leave 'em without this pretence for not settling the Revenue, tho' I 
own I past it with reluctancy, seeing there was no saving of the Queen's Right to it ; But the 
persons who hope to receive any benefit by this being to remain in the peaceable possession 
of what they now claim 'till the first day of September 1713, without any suite to be prosecuted 
for the same. Her Majesty will have so long time to disallow it without receiving any 
prejudice by it, if any Incroachments have been made on any of Her Lands. 

I send your Lordships also home an Act to repeal an Act to oblige ->i'' Robert Levingston to 
account &*' past in Colonel Ingoldesby's time. N" 15 

When your Lordships have read the Act I am persuaded you'll think it reasonable to offer 
it to Her Majesty for hSr approbation. 

I send Your Lordships herewith Copy of the Minutes of Council from my arrival here to 
this time. N" 16. 


Tlie slow-measures of this Assembly have obliged me to adjourn that of the Jerseys to the 
first of December next, whicii should liave met this day. 

I acquainted Your Lcjrdships in mine by tlie Deptford of the expedient i found to end the 
dispute about tlie place of meeting of that Assembly. If your Lordships think it for lier 
]\Iajesty's Interest that there should be one Assembly for the two Provinces, I beleive 
Her Majesty's approbation of the Act past in Colonel Ingoldesby's time for that Assembly's 
meeting constantly at liiuiington for the future, it would be an inducemennt for the Majority 
of the Proprietors and Inhabitants to address for such an Union. 

I have already tired y(nu- Lordships but shall not trespass any more at this time on your 
patience than by addiug that I am, with the deepest regard, My Lords 

Your Lordships' most oliedient 

and most humble Servant 

Nov"" 14"' 1710. Ro: Hunter. 

Wai-raiit fi»' ilie Introiludion of a new Covenant in Land Patents'. 

Anne R. 

Trusty and Wei beloved We greet you well, Whereas Our Commissioners of Trade and 
Plantations have made unto us a Representation in the Words following 

" ^lay it please Your Majesty 

"Having received letters from Collonel Hunter Your Majesty's Governor of New York 
" wherein he gives an account of some ditHculty he meets with in seating the Frontiers, we 
" humbly take leave to represent to Your Majesty, that by one Clause of his Instructions, he is 
" required to take care that in all Patents of Land for the future there be a Covenant to oblige 
" the Patentees to plant, settle, and effectually cultivate at least three acres of Land, ibr every 
"fifty acres within three years after the Date of their respective Patents upon penalty of 
"forfeiture of every sucii Grant, upon which the (iovernor observes that most of the unpatent'd 
" Lands lye remote and very much exposed to the French of Canada, and their Indians, so 
" that during the war no settlement can with safety be attempted on the Frontiers, whereby 
"your Majesty loses so much of Quit Rents as would arise from the Grants of such Lands; 
" Wherefore we humbly offer that your Majesty be pleased to allow of an alteration in the 
" said Instructions, viz' that the Covenant in every Grant of Land on the Frontiers be to plant, 
" settle and effectually cultivate at least three acres for every fifty acres of Land, in three years 
" after the end of the present. Warr with France, which will increase Your Majesty's Quit 
" Rents in the mean while, and facilitate the seating of the Frontiers after a Peace and that 
" Your Majesty's pleasure be herein signifyed to the said Governor." 

We having taken tlie said Representation into our Princely Consideration in Our Privy 
Councill, have thought fit to approve thereof, And we accordingly hereby empower you, 
pursuant to tlie Opinion of Our Commissioners in the said Representation, that the Covenant 


in every Grant of Lands on the Frontiers be to plant, settle and effectually cultivate at least 
three Acres for every fifty" acres of Land in three years after the end of the present War 
with France. 

And for so doing this shall be Your Warrant. And so wee bid you farewell. Given at Our 
Court at S' James's the one and Twentieth Day of November 1710 In the ninth year of our Reign. 

By Her INIajesty's Command. 

To our trusty and Wei beloved Robert Hunter Esq'' 
our Capt" Generall & Governor in Cheif 
of our Province of New York, in America & 
in his absence to the Comander in Cheif 
or to the President of the Councill of our said 
Province for the time being. 

Governor Hunter to tlte Lords of Trade. 

[New-York Eulrica, II. 239.] 

To the Right Hon"^ The Lords Commissioners for Trade and Plantations. 

My Lords 

The inclosed is a Copy of what I write by M"" Dupre whom I have sent Express by the Mast 
Fleet, This comes by the Packet Boat by which I received the Instructions relating to Illegal 
Trade, and the Wollen Manufacture amongst the Palatines and Commissions or Letters 
of Mark. 

Yesterday I prorogued the Assembly here to the first of March next, they have done nothing, 
so that all the absolutely necessary parts of the support of Government are now, and have 
been ever since my arrival here defray'd by my poor purs or credit, which you'l easily be 
convinced can not hold out long. 

I send Your Lordships now their Journal intire, by which you'l find the truth of what follows. 

The Assembly having by a clause in a Bill for laying a Duty on Chimneys made the 
Treasurer accountable to them alone. The Council made an amendment making him 
accountable to the Governour, Councill and Assembly, as has been the Custom ever since the 
Country had a Treasurer of their owne, as also another amendment exempting the Poor 
Palatines from that Duty, and sent to acquaint the Assembly with those amendments. The 
Assembly did not consent, the Councill adhered and desired a Conference which was granted, 
where the Council gave their reasons for insisting on their amendments, but the Assembly 
neither agreed to the Amendments nor desired another conference. 

The same steps were made as to the Amendments to a Bill for laying a Duty on Goods sold 
by Auction,' relating to the Treasurers accounting, only the message from the Assembly was in 
General terms, viz" That the Council could not but be informed of the steady and constant 
resolutions of the Assembly not to admit of any amendment to a Money Bill, at a Conference 
the Councill offered their Reasons to support their Right, warranted by constant practice, till 
of late, and confirmed by Your Lordships opinion which was given them by my Lord Cornbury 
, in the following terms. 


Cu'iitlemen, I nni coiiimandpil 1)}' the Iiii^ht H<in'''= Tlic Lords Commissioners for Trade and 
Plantations to acquaint yon tliat Her Majesty's ConnciU for tliis Province iiave undoulitedly as 
innch to do in forniinu- of Pills for llie nraiitini;' and raisinix of money as the Assemhly, and 
consequently have a rit;lit to alter or amend any snch money Pills, as well as tlie Asseml)ly, 
These things 1 am ordered to acquaint you withal), tliat y(JU may avoid tlu; like Errors for 
the future. 

This was ofiered to them, as it stands in their Journals, in 170G, l)Ut to no purpose. 

Another Pill past the Assemhly for disposing of the sloi-es in the hands of the Commissioners 
at All)any for the intended Ivxpedition ai;ainst Canada, wherehy they assume a power to sell 
and convert to what use they please not only the stores bought by the Country's money; but 
all ller Majesty's sfoi'es, arms and ammunition, Cuns and Mortars taken from Her ALagazines 
here, as sent from tliose in England: This was thought Iiy tlu; CounciU presumptuous and 
unjust, and therefore made an aniendnient coniiuing them to tlie sale of such stores on)}' as 
wer(> bought by the Colony's Money, but tlie Assembly would not agree to it ; And tho' at 
a Conference the Council! gave them their Reasons lor the Amendments they nev(!r \ouchsal "d 
them an Answer. 

After tliis the Assembly sent up a Pill for the P'reasnrer's paying sundry sums of Money, 
whereby they had appropriated what they gave toward the suppoi't of (iovernment wliicli was 
not much more then half of what there is a real necessity for, and much less than the hah of 
what has been heretofore allowed: To this Pill the CounciU made an Amendment whereby it 
was left to be issued by Warrant jiast by the Covernor by and with the advice & Consent of 
the Conncill as is Commanded by Her Majesty's Instructions. The Assembly would not agree 
to this, and the CounciU insisting they desired a Conference wdiere the' Council gave their 
reasons for the amendment, viz' The Queen's Instructions, the former practice here, and in 
other Plantations, and the Method observed by Parliament in tliat Case not to appropriate what 
was given for the Civil List. The Assembly's Peasons lor not agreeing to the Amendment, 
and tlie Coifncill's reasons for insisting upon them \'our Lordships have herewitli mark't. N" 

The}- sent also up another Pill of Fees much like that Her Majesty disapproved last year 
reduceing the Fees so low that no Officer could live, Tho' the ordinance for that pLn-jiose had 
reduci.'d them enough in all consii-nce. This the CounciU have ordered to lye upon the Table. 

1 acquainted your Lordships with the naturalization Act, which had its rise in their own 
house, and was intended lor their service, seeing Her Majesty's Instructions to IN'aluralize the 
Palatines would have been one Inducement to have past it, but they let it drop, u|)on which 
I put them in mind of it, and acquainted them with your Lordship's Representation to Her 
Majesty that the Palatines should upon their arrival Inn-e be iNatiiralized without Fee or 
Reward, but they have declined it for no reason that i can guess but that it was recommended 
to them, seeing they themselves were to be the chief gainers by it. 

I read to them and gave Her Majesty's Letter in favour of M}^ Lady Lovelace,' earnestly 
recommending to them what is but material justice. Tlie day before her Lord's death they 
had voted ,-£lGOO. to him, his Heirs & Assignes and after his death they reduced it to live. I 
pressed it both in publick and private as a piece of justice that nearly concerned the credit of 
their house, and what would be most acceptable to Her ]\hijesty but to no purpose for they 
have taken no manner of notice of it. 

' This documeut will be foiinil, at leii;^th, in Asscmhhi Juurnal, I., 284. — Ed. 


After what I have said I need not tell your Lordships the difficultys I labour under and 
the necessity of some speedy relief. For indeed if my instructions would have allowed tiie 
passing of all their Money Bills, it was but an abuse oti'ered to the Government at best, for 
the Fonds are given for twice as much as they would raise and the Vendue at Auction Bill, 
which was to have raised ^500 would not have raised one farthing, the promoters of it owning 
that they intended no more by it than a prohibition of that method of sale wliich they have 
ever looked upon as detiiinmital to tiieir Trade. 

Now, My Lords, unless it could be supposed that Her Majesty could rest satisfyed to have 
her Governour and Council here made Cyphers, Her Authority in tiieir persons trampled 
under foot, and matters of Government for the future managed by tiie caprice of an Assemhly, 
I firmly hope for and promise myself a speedy and effectual Remedy. 

Some of the Councill proposed a Hepresentation to Her ^Majesty from their Board, hut 
knowing the unhappy consequences of that method in the Jerseys I discountenanc'd it, seeing 
the Assembly's own Journalls will sufficiently make appear tiie truth of what I have 
represented. I must do Her Majesty's Councill here the Justice to declare that I think it is 
not possible for men in their station to behave with more vertue and resolution with regard to 
Her Majesty's Right and Prerogative then they have all of them done, excepting one man 
that is Colonel De Peyster, the Country's Treasurer, who has had the misfortune to be singular 
in every individual Vote since I have had the honour of sitting at the head of that Board, and 
so avowedly that at a Conference one of the Council was obliged to tell him, that he ajipeared 
there as an advocat for the unaccountable proceedings of the Assembly, not as a man who 
had taken an Oath to maintain the Queen's right. 

All the Acts that I have passed this Session are what follow and indeed I have past all that 
came the length of. my assent. 

An Act for laying an Excise on Ale, Strong Liquors retailed in this Colony. 

An Act for continuing an Act for laying a Duty on Tonnage of V^essells and Slaves. 

An Act for rgviving an Act of General Assembly intituled an Act for better setling the 
Militia of this Province, and making it more usefuU for the security and defence thereof 

An Act for reviving an Act Entituled an Act for regulating and returning able and sutlicicnt 
Jurors in Tryalls at Law. 

An Act to repeale a Clause in an Act Entituled an Act against forging, Counterfeiting and 
clipping Foreign Coin which is current mony in the Colony of New York. 

An Act for the better setlement and assurance of Lands. 

An Act to prevent the burning of Woods 

An Act for repairing the Blockhouses, Platforms and other the Fortifications of the City of 
Albany, and Town of Schenectady in the said Couut}^ 

An Act to collect the Arrears of Taxes. 

An Act to retrench the growing Interest of Bills of Credit. 

An Act to enable the districts of Islip in the County of Sufl'olk to elect two Assessors, a 
Collector, Constable and Supervisor. 

If Your Lordships think the Fees as they are now regulated reduced so low I wish some such 
additions as j^ou judge proper maybe made, and tliat thenY'our Lordships would be pleased to 
recommend the same to Her Majesty for her approbation and an Instruction thereupon not 
to pass any Act of Assembly, if your Lordships are of opinion the ordinance should remain 

Vol. V. 24 


for you may be assured the Assembly will otherwise pass a Bill for regulating them as they 

call it the next session, as they have done this. 

Twas impossible to get the Acts last past Ingrossed but by the next Packet Boat I will send 

them to Your Lordships. I am with all imaginable regard, My Lords, Your Lordships 

most humble 

New York and most obedient Servant 

Nov'' 28"' 1710. Ro: Hunter 

Lords of Trade to Governor Hunter. 

[ New-York Entries, H. 2C0. ] 

To Robert Plunter Esq'". 


Since our letter to you of the 2G"' of October last, a Duplicate whereof is here Inclosed, 
We have received three from you, one without date, the others of the 14"' and aS"" November 
1710 the 2"^ of which was brought to us by ftP Dupre, and the last by M"" Keil, together with 
the papers of publick proceedings referred to in the said letters. But that Paper which 
relates to Your Conference with the Five Nations of Indians which you promised in the first 
of the afore mentioned Letters to transmit by the Mast Fleet, is not yet come to hand. You 
will therefore do well to send the same to us by the first conveyance. 

At present we have little more to acquaint you withall than that we are laying before Her 
Majesty what you write in relation to the settlement of the Palatines, and their being further 
subsisted ; As also your proceedings with the Assembly touching the setling of a Revenue for 
the support of the Govern' of that Province, whose non complyance with what you recommended 
to them we hope will be overcome by your prudent endeavors, and that they may be prevailed 
upon at their next sitting in March to act conformable to what you have recommended 
to them, and to the good and welfare of the said Province; And so soon as we sliall be 
acquainted with Her Majesty's pleasure upon the fore going particulars, we shall give you an 
account thereof 

We have had under Consideration Your ordinance for establishing a Table of Fees, and the 
better to judge of the reasonableness of those Fees we did endeavour to compare them with 
those of 1G93, but finding a difficulty in it, by reason they are not in the same method, we 
desire that you will send us another copy of tlie said Ordinance distinguishing what Fees are 
new in this which were not in the former, and wlierein the Fees in this ordinance differs from 
those of 1G93, togetlier with your reasons for such variations. 

We shall take the severall Acts you have transmitted to us into Consideration at a 
proper time. 

Having considered what you propose in Relation to the Acts giving an allowance to 
members of Assembly, that the same be repealed. We do find upon examination, that 
the first of those Acts past the O"" of Aprill 1G91, Entituled, An Act for the allowance to 
Representatives, is Confirmed by order in Councill in the Reign of his late Majesty King 


William, Dated the ll"* of May 1697, a Copy of which order is here Inclosed for your further 
information, and having acquainted you herewith we shall expect to know what you have 
further to offer in that matter. 

As to what you write touching your being paid j'our Salary out of the Duties arising on 
Cocao we are to acquaint you that, by Her Majesty's Commands, We have had under 
consideration an Address from the Inhabitants and Planters in Jamaica, complaining of the 
high Duties payable on Prize Goods in that Island, and have thereupon reported to Her 
Majesty Our humble Opinion that the Duties arising in pursuance of the British Act, upon 
Cocoa, Sugars, Indigo, SnufF, Tobacco, Piemento and other Commodities of the growth of 
America, which are usually afterwards imported into this Kingdom, and pay the full duties 
here, and also Wines and Brandies, which are seldom sent from Great Britain, should be 
discharged of the said Duties. 

But that the said Duties do remain on Goods as are of European Growth or Manufacture, 
as Woollen, Linnen, Iron & Steel &" which by Law ought only to be imported into the 
Plantations from Great Britain, and a Bill enacting that Prize Goods taken and carried into 
any of Her Majesty's Colonies and Plantations in America shall upon the Importation thereof, 
be liable to such Duties only as would have been pa3'able for the same upon the Importation 
thereof into those Colonies or Plantations respectively, in case the Act of the G"" year of her 
Majest'^ Reign Eutituled, An Act for the Encouragement of the Trade to America had not 
been made, being now depending in the House of Commons, if our said Report should be 
laid before the House, and that Bill framed Conformable to our said opinion, the Duties at 
New York upon the Cocoa you mention will of course be remitted, as the like Duties on 
Cocoa and other Goods imported into other Plantations. 

As to what you mention concerning the Councill of New Jersey their being divided about 
the Place of the Assembly's meeting, and what you proposed to them thereupon. We are 
further to acquaint you that we have considered the same, and shall lay the Act passed in 
that Province intituled an Act ascertaining the Place of Sitting of the Representatives to 
meet in General Assembly, before Her Majesty for her pleasure therein. So we bid you 
heartily farewell. Your very loving friends 

* Stamford Cha: Turner 

Whitehall Ph: Meadows Geo. Baillie 

January.y' 29"" IVyf Jn» Pulteney Arth: Moore 

Lords of Trade to Lord Dartmouth. 

[New-Tork Entries, H. 26T.] 

To the R' Hon'^'^ the Lord Dartmouth. 

My Lord 

Having since our Letter to Your Lordship of the 12"" of the last month prepar'd a Representation 
relating to the Product" of Naval Stores in New York, and the settlement of the Palatines 


tliere for tli;it purpose, We transmit tlie snnic to Your Lordship, '.vliicli you will please to lay- 
before lier Majesty lor her [ileasuie therein, We are. My Lord, 

Your Lordship's most obedient bumble Servants 


1'h : Mfjadows Cha: Turner 

Whitehall J- Pulteney Geo: Baillie 

February the S"' 17^-^ Aktii: Mooue. 

Jupifsiula/loii (if rhr Lonh (f T/iidr rcspi cling Naval Slons, ^v. 

To the Qkeen's Most Expell' Majesty. 

May it please your Majesty 

Our proposal of the •'/'■ of Decemb'' 1709 for selling three thousand Palatines at New York, 
and for eniployinu; them llu're in the production of Naval Stores having been approvetl of by 
your iMajesly, and the said I'alatiues transported thither areordingly, We have now received 
from M'' Hunter Your Majesty's (Govern'' of lliaf I'rovince, an Ai'count of what Progress has 
been made in that settlem' and have likewise been inlbrmed thereof as well by letters from 
M"- Bridger ( Survevor of Vour Majesty's Woods on the Continent of America ) who was directed 
to go trom New England to New York, to instruct them in the said mauufictnre, as by the 
discourse we have bad with M'' Dupre, the I'erson sent over by your Majestys said Governor 
to solicit a further subsistence lor the said Palatines, Whereupon we beg leave humbly to lay 
before your Majesty. 

That the said Palatines did not arrive at New York till June last, when the season for preparing 
the Trees for making Tar was over, Whereby nothing could be done that year towards the 
production of Naval Stores. However that there might be no lossof time the Governor went with 
the said M'' liridger to view several Tracts of Land upon Hudson's Kiver, and on the Mohaques 
River. 'J'lie latter was judg'd too remote, and therefore the Governor purchased for two 
liuiidred twenty six poLuuls sterling, a Tract of land containing six thousand acres, lying on 
the East side of Hudson's River, which is about a hundred miles from New York. 

On that laud the greatest number of the said I'alatiues are setled in three towns, where they 
have already erect'' their Huts. 

Ojiposite thereto and belonging to Your Majesty on the \Vest side of the said River, lyes 
another Tract of Land, extending about a mile in length to the side of that River ; on which 
Land the rest of the P.datiues are seated in two towns. 

Which said settlements are very commodious, as well in regard of the fertility of the soil, 
as that they are adjoyning to the Pine Lands, and that ships drawing fifteen foot water may 
come up to them. 

AP Dupre has informed us that when he came away the nuird)er of the Palatines so setled 
was Two thousand. Two hundred, twenty seven, who were then employed in clearing the 
gromul, lor Indian Corn & Gardens; And are this Spring to be set on work in preparing 
the Trees for the Production of Tar and other Naval Stores. 

Your Majesty's said Govern'' and Surveyor do say. That this great and usefull undertaking 
of providing this Kingdom with Naval Stores cannot fail of success if duly encourag'd and 
sui)i)oi'ted from hence, there being Pines enough lor a constant sup|)ly of Tar for the use of all 
the sliipping of Great Britain. 


In order to produce Tar the Trees must be rinded in the Spring, after which it is necessary 
that they stand two years that the Sap may be lost, and only the Gummy substance remain to 
be run into Tar, by burning the Trees after a particular manner ; Wherefore 'till the Palatines 
can make Tar, in order to reimburse Your Majesty what has already been or shall be further 
advanc'd for their use, the Governor proposes y' they be subsisted at the rate of six pence p'' 
Day, for Persons above ten years of age, and four pence a head p"' Day for children under Ten 
Years; To defray wliich expence and other charges incident to the said undertaking (as is 
more particularly set forth in an Estimate now lying before the Lords of Your Majesty's 
Treasury) he Craves an allowance of Fifteen Thous'' Pounds a Year. 

In regard it was so late before the said Palatines were seated, as before mention'd, and for 
that the weather in that Country is usually very hard during the Winter season, they could not 
by their labour contribute towards their own Lively hood during any Part of the first year, 
which Time to that purpose be reckoned lost; Therefore the Governor proposes that the said 
allowance of fifteen thousand pounds a Year, be made for Two years to be computed from 
Midsummer 1710 w"'in the first of which two years, (though a great part of their labo\ir will 
be employed in the Spring, to prepare Trees for making Tar,) He computes they will be so 
far able to contribute towards their own lively hood, that the said sum of Fifteen thousand 
pounds will in a great measure answer the rest of that year's expence on account of the said 
undertaking. And that within the latter of the said two years the produce of their lands will 
contribute towards their support to such a further degree that the second fifteen thousand 
pounds will be sufficient to answer the second years expence, and to make good the deficiency 
of the former year. 

For the subsistence of the Palatines up" their arrival at New York the Governor carryed 
from hence Bills of Credit for Eight thousand pounds. And (as he informs us) has drawn 
Bills on Your Majesty's Treasury for that, and for a further sum of four thousand, seven hundred 
pounds, all which mony he says has been expended in subsisting and settling of those people; 
and that he has transmitted an account thereof to the Lords of your Majesty's Treasury, 
whereby he says it does appear that he has disposed of that mony w"" good management, and 
therefore prays y*" said Bills may be complyed with. 

If the production of Naval Stores w'MnYour Majesty's Dominions in America be incouraged 
and brought to such perfection that sufficient quantities thereof may be imported from thence, 
for the use of the Royal Navy, and if the rest of the shipping of Great Britain (which we are 
credibly informed may be done ) The said Stores (bought there with the produce of the Woollen 
and other Goods from Great Britain) being consumed here, in lieu of such as are imported 
from the Northern Crowns, the doing thereof will not only turn the ballance of that Northern 
trade, in fiivour of this Kingdom, But your Majesty and Your subjects will for the future be 
at a greater certainty of being from time to time supplyed witii Naval Stores from America 
than can be depended upon from the Baltick and Norway, especially in case of a rupture with 
either of the said Northern Crowns. Therefore we presume humbly to Offer Our Opinion 
that the said Palatines be supported in order to their carrying on and improving the said 
Manufacture of Naval Stores, so greatly advantagious and beneficial to the Navigation of 
tills Kingdom. 

In our abovementioned Proposal We humbly offijred to Your Majesty that M'' Bridger who, for 
some years past, has been imployed in Your Majesty's Service in New England, with a Salary 
of two hundred pounds a year, should be ordered, with three or four other persons as his 
assistants to repair from thence to New York, to instruct the said Palatines in manufacturing 


Rozin, Turpentine, Tar and Pitrli, for which service we tlien proposed that a hundred pound 
a year should be allowed during such their stay and imploy at New York. Accordingly the 
said M'' Bridger repaired thither and has been very serviceable in finding out Lands proper for 
the settlement of the Palatines, and in the seating them thereon, as your Majesty's said Governor 
has informed us ; But that the said ]\r Bridger has had no consideration for such his services 
in regard he the Governor is not sufficiently empowered by authority from your Majesty to 
make any allowance for the same. When the last letters came from New York, M"' Bridger was 
in New England taking care of your Majestys Woods in that Country, but was to return from 
thence to New York this spring, to instruct the said Palatines iu preparing the Trees and 
Manufacturing the said Naval Stores ; Wlierefore we humbly oft'er that out of such mony as your 
Majesty shall be graciously pleased farther to advance on account of the said Palatines, for the 
carrying on the said Manufacture of Naval Stores, the Governor be impovver'd and directed 
to allow and pay the said M'" Bridger a yearly salary of one hundred pounds, during such 
time as he shall lie iiiiployed at New York, in the service of instructing the said Palatines 
as aforesaid. 

All which is most humbly submitted. 

Stamford R Monckton 

Ph: Meadows Cha: Turner 

J. PuLTEXEY Geo: Baillie 

Art : Moore 

Order m Council in relation to a Standing Itevenue. 

[New-Tork Enlries, 11. 290] 

At the Court at S' James' the 1*' day of March 1710 

Present — The Queen's most excellent Majesty, in Councill. 

Upon Reading this Day at the Board a Representation from the Lords Comissiou" for Trade 
and Plantations in the words following viz' 

To the Queen's most excellent Maj'^ 

May it please Your Majesty 

Having laid before Your Majesty such account as we received from Your Majesty's Governor 
of New York of the settlement of the Palatines, and of their being Imployed in the Production 
of Naval Stores in that Province, We now beg leave humbly to represent to Your Majesty the 
difficulties he has met with from the Assembly, in relating to his procuring the Grant of a 
Revenue there. 

The last act of Assembly, whereby a Revenue was granted to Your Maj'^ for defraying the 
publick charges of that Government, expir'd the IS"" of May 1709; The Governor who arrived 
there in June 1710 did on the first of September following, in his Speech at his opening the 
first Session of Assembly, among other things earnestly recomend to them the providing a 
fitting and necessary supply for the service of Your Majestys Government, and that they 


would take care to restore the publick Credit. In order whereunto, at the desire of the 
Assembly, an Estimate of the yearly charge of that Government was laid before them, part 
of which estimate they disallowed, and prepared another Estimate of the charges of 
that Government. 

On the 25"" of October following the Assembly voted 2500 Ounces of Silver towards 
defraying the Governor's necessary expences for one year ; The value of which Quantity of 
silver he computes of little more than half of what Your Majesty has been pleas'd to appoint 
for his salary. Whereupon he communicated to them that part of Your Majesty's Instructions 
whereby he is impowered to receive to his own use as Gov' 1200,£ sterling a year, out of the 
Publick Revenue of that Province, and added that he presumed they would not dispute Your 
Majesty's Right of appointing a Salary for the use of Your Governor. 

They struck out some Intire Articles in the said estimate of the yearly charge of that 
Government, and retrenched others to less than one half, tho' some of the members proposed, 
that what the Governor had offered might be further consider'd, and one of them having 
press'd it with some warmth was thereupon expelled the Assembly. Afterwards on the 
second of November they voted twelve hundred pounds more for defraying the charge of 
the Governm' and for the security of the Frontiers. 

On the sixth of November following a Bill Was brought into the Assembly, giving a 
Power to the Treasurer of that Province, out of the Publick Treasure lying in his hands 
(unappropriated) to issue 5667i ounces of silver, for the use of the garrison and other the uses 
therein particularly mentioned ; Which sum the Governor informs us was little more than half 
what was necessary, and very much less than what has usually been allowed for those services. 

To this Bill the Councill made an Amendment by which the mony was directed to be 
issued by Warrant of the Governor, by and with the Advice and consent of the Councill, 
conformable to your Majesty's Instructions in that behalf, and to former practice there ; 
The Assembly disagreed to this amendment, and there were several conferences between the 
Councill and Assembly, on the subject matter of y' amendment, without any good effect. 
Whereupon the Governor found himself obliged on the 25"' of the said Novemb"' last to 
prorogue the Assembly to the first of March next, in hopes they will then meet in a better 
temper. In the mean time by this Proceeding of the Assembly there is no Provision made for 
the Paym' of the said Governors salary, or for defraying the other publick & necessary charges 
of that Government; Except what may arise from the two Acts past that session for setling 
an Excise on strong liquors, and for laying Duties on the Ti^inage of Vessells and Slaves, All 
which 'tis computed will fall much short of the forementioned services. 

The Governor has informed us of what reasons some of the Members of the Assembly give 
for their not providing for the support of that Government as formerly, with his Observations 
upon such their pretended reasons. And we further beg leave humbly to lay the same before 
Your Majesty. 

They pretend that the Expence of that Province on account of the late intended Expedition 
against Canada hath so impoverished them that they are not able to raise money to answer 
the usual charge of the Government; Upon which the Governor observes, that the service of 
that expedition was defray'd by a Land Tax (the greatest part whereof we presume was spent 
among themselves) Whereas the Mony given for the charge of the Government was usually 
raised by duties on Goods imported and exported and on Excise. 

Another reason they give is that the Misapplication of Revenues formerly granted, hath, as 
tliey alledge, brought a considerable debt on the country. 


To remove that objection the Governor proposed to several members of tlie Assembly, that 
a Clause might be inserted in the Ifevenue Bill, to oblige the Receiver General to be accountable 
to the Assembly, as well as to Your Majesty, that such other Clauses might be added as would 
oireclually restrain the Governor &• Council, from loading the Country with further Debts by 
any payment to be issued out of the Revenue. 

But 'tis beleived the true reason of this proceeding of the Assembly are, first. That in a 

great measure some of the neighbouring Governments are exempted from so great a chai'ge. 

As to this the Governor observes that the Province of the Massachusetts Bay is at 4.'::J0,Ul)0 

yearly charge for the defence of their frontiers, whilst those of New Vork are ibr the most 

part defended and secured by Your Majesty's regular forces there. 

Another reason is that by Act of Assembly, every Assembly man being allowed six shillings 
a day, during the sitting of the Assembly, the better to secure his being chosen from time to 
time, he only considers the saving of the Countries money, without having any manner of 
regard to the necessary services of the Governm'. 

l^astly the Governor adds that of late a notion has very much prevailed among those people 
that Your Majesty has not a power of appointing f^alaries out of the Revenues raised by them, 
and the pretendi.'d right they have assumed to themselves, of retrenching the Governor's Salary, 
in the manner before mentioned, is founded on that notion. Which in our opinion should not 
be countenanced. 

Tliis being the state of the difficulties the fiovernor has met with from the Assembly in 
relation to his procuring the Grant of a Revenue, as it appears to us from the Journal of 
Assembly, and from the Governor's letters. We beg leave to offer to Your Majesty Our 
humble Opinion. 

That your Majesty's said Governor be directed to represent to the Assembly, that it being 
Your Majesty's undoubted Prerogative to constitute a Governor of that Province, with an 
appointm' of such salary as Your ftbijesty in Your Royal Wisdom has judged suitable to the 
character, and necessary for the support iuid maintenance of that (iovernment, it Iftis 
lluu-efbre been justly displeasing to your Majesty, to find they have refused or neglected to 
make the like sutficient provision for the foresaid purpose as has been made in the time of Your 
Majesty's late Governors. And thereupon that the said Governor be further directed in the 
most efteetuid manner to recommend to them tlie granting the like Revenue for the support and 
maintenance of that Government as has usually been granted. And the Ijetter to induce the 
Assembly to comply therein. We humbly conceive it may be proper to intimate to them, that 
if they shall persist in refusing or neglecting to provide for the. necessary support and 
maintenance of that Government under the administration of Your Majesty's present Governor 
in like manner as y" same has hitherto been supported & maintained, they must expect that 
such their refusal or neglect will give a just occasion to the passing an Act by the Parliament 
of Great Britain for granting to Your Majesty the like Revenue to arise and be paid there for 
the support and maintenance of that Government as has usually been granted by Act of 
Assendily for that service. All which is most humbly submitf' 


S'' Ph : Meadows Ciia: Turneii 

Whitehall the IG"" of Febr: 111'}. Moore 

Iler Majesty in Councill approving of the said Representation is pleased to order as it is 
hereby ordered that the Right Hon'''^ the Lords Commissioners of Trade and Plantations do 


forthwith draw up Heads of a Bill to be laid before the Parliament of Great Britain for 

enacting a Standing Revenue of what has been usuall}'^ allowed witiiin the Province of New 

York, for the support of the Governor there, and the necessary expences of the Government, 

according to former Acts of Assembly, and that they present the same to her Majesty at this 

Board, in order to Her RIajestys further pleasure therein 

William Blathwayt. 

Mr. William Polhampton to the Lords of Trade. 

[New-Tork Eulries, II. 2S7. ] 

To the V\} Hon'''"" the Lords Comiss''^ for Trade and Plantations. 

A Proposal advantagious to all Her Majestys Plantations in America in Gen" 
and likewise beneficial to Her Majesty in particular. Humbly ofier'd to the 
consideration of the Right Hon'"''' The Lords Commissioners for Trade by 
William Polhampton. 

The strength, support, and security of the Peace, People and Trade in the Provinces on the 
Continent of America, are (as in all other places) the Soldiers and Sailors maintained and 
Imploy'd in the Service and Defence thereof. 

Her most gracious Majesty indeed allows and pays, for a sutlicient force to maintain that 
security but if this be diminish'' by the clandestine means of some particuK persons for their 
own private Interests its a vast detriment and Dissadvantage to the said Provinces in general, 
and a great fraud and abuse to her Majesty in particular. 

I shall first endeavour to lay before your Honours the abuses committed and then (as firr as 
my weak capacity will permitt) humbly offer a Remedy, to prevent the like for the future. 

There are four Companies allowed to the Province of New York, each of which ought to 
contain one hundred private men, Three of which Companyes reside at Albany (the greatest 
security by land to all the Provinces trom the Enemy at Canada) and tiie fourth at the Fort 
of New York: These Companies by the connivance (or I may say contrivance) of the Captains 
are reduced to less than half that number, for any man may have the liberty to work in what 
part of the Province he pleases, provided he gives his Captain his pay, neither (for a little 
money) need he want a discharge from the Company, nor wlien men dye is there any endeav'' 
to recruit because, (as I beleive, if the Muster Rolls were perus'd 'twill be found,) the Captains 
always muster their Companies full, and her Majesty pays accordingly, though they seldome 
contain half that number: So that (in all probability) should any attempt be made on either 
of the said places, there would not be half that resistance, as may he at home expected, by 
which means the Captains are enrich'd, the Country indangered and her Majesty defrauded 
of above 2000 p ann : 

There are at this present two persons actually in London, one of which, several years past, 
and the other some years since were discharged from the said service, yet both (as I am 
iutorm'd, are still continued on the Muster Roll. 
Vol. V. 2-j 


The Mis-inanagement in the Naval force they are yet more Detrimental to the said Provinces, 
and much more so to Her Majesty, not only because the Pay exceeds that of the Land service, 
but by how much the Provisions are an addition to her Majesty's e.xpence, by so much are the 
Frauds us'd more detrimental to Her Majesty. 

The great wages in all ])arts of America given to Handicraft Tradsmen and Labourers on 
shore, and to them employed in the Merciumts service at sea, are a great inducement to 
sailors to desert Her Majesty's service. And as it is their usual in the Winter season (while 
the ships are laid np) Commanders lending their men for 2, 3 or 4 months voyage, or giving 
them leave for such a space to work on shore, very much facilitates the escape of those who 
before design'd to desert, and gives opportunity to others to be influenc'd, perswaded, or some 
other way drawn in, to do that which (perhaps 'til then) they never thought on : And indeed, 
while a ship lyes np, the coldness of the winters cause such severe Frosts, that the access to 
sliore is as easy as if the ship lay on dry ground, so that let a Captain be never so circumspect, 
and use his utmost caution to prevent their desertion, be cannot possibly effect it, for when 
every part of a ship is become a passage for escape, 'tis not a few Centinels can secure 'em 
and though Centinels are generally made of those who have been longest on board. Yet it 
sometimes happens that one Man, who has three or lour years pay due, is as ready to desert 
as another who lias but three or four days. By all which means there have been forty, iifty, 
sixty and more Deserters out of a small ships Compliment in a Winter, which retards our men 
of Avar from making early Cruisers in the spring, and is an Obstacle to their making eflfectual 
ones during the whole time of their station : So that the French Privateers may with much 
greater security infest the Coast, and prejudice the Trade of the said Provinces. But then 
should these Run men be kept open on the Ships Books for three, six, nine or more months 
after this Desertion, there is still an allowance of Provisions, which is a considerable charge. 
And should some or more be discharged after all instead of made Run, 'twould much 
aggravate y'' fraud, and very much augment the Expence: If such Practices be used 'tis 
obvious to whom the advantages and to whom the disadvantages will accrue, and though the 
certain sum can't be proposed yet among several ships it may well be conjectured 'twill amount 
to a very large one. 

I do not design by this to reflect on any Particular Commander, much less (were it in my 
power) would I assert it against any one. But since (as lam informed) such things have been, 
such again may be. 

To prevent which I humbly oiler to your Hon" considerac" 

That the Men of War attending those Stations be each winter ordered a Cruise to the West 
Indies, Bahamas, or such other places as may be thought most convenient for the hindrance of 
desertion, promotion of Trade or annoyance of Iler Maj'-^' enemies: To return back again to 
their stations some time in March which is before any Privateers can possibly arrive on 
the Coast. 

That some fit person be sent over as cheif Muster Master, Clerk of the Cheque or with 
what other title may be thought proper, to reside at or about New York. That there be 
allowed three Clerks und'' him viz' One at or near Boston in New England, One at or near 
Hampton in Virginia, and the other at Albany or New York, as the Person so to be sent over 
shall find most convenient. 

That the ships whilst in Harbour be mustered at least once a week, and the land Forces at 
least once a Month, and returns of the Musters made as often as shall be thought necessary. 


by which means in caf3e of loss of any sliip, 'twill be a great help to the Navy Board to 
compleat the Books for payment of such ships company. 

Tliat a Copy of those Musters be likewise taken and returned by a Man of War, when she 
leaves the station, least any accident happen to the Pacquet, in which such musters shall 
be returned. 

That the cheif muster master be obliged twice every year to travell to Boston and muster 
such ships companys as he shall there find, twice to Hampton, doing the same there and 
inspect all the books belonging to each Clerk and four times to Albany to muster the land 
forces and take cognizance of such musters as were taken in his absence : Or to go as much 
oftner as there may be found occasion for it. 

That such Salary or Travelling charges be allowed as shall be thought convenient and 
proportionable to the business to be performed which (with humble submission) I beleive will 
be insigniiicant in consideration of the advantages which both to Her Maj'^ and the Provinces 
are in all probability like to accrue by it. For the Captains and Commanders being hindred 
from making an advantage of their discharg'd, dead, or run men 'twill be a veiy great 
advantage to Her Majesty and in all likelihood the Capt°^ &'' will endeavour to keep their 
Compliments compleat, which will be a great strength'uing and security to the People and 
Trade of the Provinces. 

If this proposal be approv'd of, I humbly beg Your Honours Recomendat" and Assistance, 
that I (having been in each of these places, and understanding the nature of the business) 
may be sent over to manage it, in the performance of which no one shall be more dilligent or 
carefull than. 

My Lords 

Your Hon'* most obed' Serv' 

March G, 1711 W™ Polhampton 

Earl of Clarendon to Lord Dartmouth. 

[New-Tork Entries, II. 458.] 

To the R« Hon''"^ The Earl of Dartmouth 

My Lord, 

Your Lord'P having done me tiie honour to communicate to me Extracts of two letters from 
Col" Hunter, the present Gov'' of Her Majestys Colonies of New York and New Jersey in 
America to the R' Hon*"'* The Lord Dartmouth Her Majesty's Principal Secretary of State, 
and to command me to give my thoughts upon them, I conceive 'tis Your Lordships intent that 
I should give my opinion how far I think it reasonable for her Maj"' service that the Demand 
made by Col° Hunter of 15000.£ a year for two years for the subsistence of the Palatines who 
were transported to, and arrived in the Province of New York in the month of June 1710, at 
so great an expence to Her Majesty, ought to be comply'd with. 

Col" Hunter in his L'' of IS"" Octo'' 1710 says, I have settled the Palatines on Hudson's 
River upou Lands adjacent to the Pine Lands where they may in a small time provide yearly 
more Pitch and Tar than England can consume if it is supported from home as the Lords 
Coram" of Trade will more particularly inform your Lord?. 


Col" Hunter not naming tlie Pliice upon Hudson's River where he has setled those people I 
beg leave to ncqnaiiU your Lonli'. thathy L'' I have lately rec'^ from New York I am informed 
he has settled tliem upon the Lands of oneRoh" Livingston at a plaee ealled RoolofTe Jansen's Kill 
100 and 10 Miles al)ove New York and 40 Miles helow Albany, it is most certain that great 
quaulities of Pitch and 'I'ar and other Naval Stores may he hrought trom New York and some 
other of Her Maj'' CJoloiiies upon the Northern Contiiuuit of America much more than Britain 
can consmne, and that might liave been done as well without the Palatines as w"' them, had 
dm- encouragement heeu given, hut I think it is unhappy that Col" Hunter at his first arrival 
in his (lovernment fell into so ill iiands, for this Levingston has been known many years in 
that Province for a very ill man, he formally victualled the forces at Albany in which he was 
guilty of most notorious frauds by which he greatly improv'd his Estate, he has a Mill & a 
Erewhouse upon his Land, and if he can get the Mctualing of those Palatines who are so 
conveniently posted for his Purpose he will make a very good addition to his Estate, and I am 
])ersuaded that the hopes he has of such a suhsislence to be allow'd by Her Maj'^ were the 
Chief if not the only ludiicements that prevailed with him to propose to Col" Hunter to settle 
them upon his Land, which is not in the best place for Pine Trees, the Borders of Hudson's 
Ri\'ei- above Albany, and the Mohacks River Schenectady are well known to be the best places 
for Pines of all sorts both for numbers anil largeness of Trees. 

Col" Hunter in his Letter of 14"" Nov'' 1710 says, 1 have with good husbandry sav'd as much 
out of their (the Palatines') allowanceof six pence and four pence a day as will pay the Officers' 
Salaries and some part of the contingent charge aiul as near as I can compute 15000^ Sterling 
yeaily lor two ye;irs foward will be sufficient to compleat that great work. I have drawn Bills 
on tlie Ti-ea'>' lijr a (Quarter's subsistence W'' I beg Your Lordship will please to recommend 
niav 1)1' |)uiictually comply'd with, or that people mu»t slare [starve?] and I with them, and the 
most beuelicial scheme of wealth to the Nation that has been thought of in those latter times 
i)e nijit in the Bud. 

The liills drawn by Col" Hunter for one Quarter's subsistence for 17G4 Adults at C^ and 445 
T'ers(uis under age at ■!'' a day in all making 220!) Persons, and amounting to .£4700. 17.11. seems 
to bt' computed according to the numbers that lamled at New York in June 1710 which with 
submission [ think oiiglit not be because it is certain many of them are dead. 

It is most certain that no person thai has his Ijimbs, and will woi'k, can starve in that Conntrj^, 
e\eiv Man or Woman al)ove I •'» yeai'sof age may earn two shillings and tbi'ee pence New York 
^b)ney ( u''' is eighteen pence Sterling) every day in the year except Sundays. Handicrafts 
men, such as Smiths, .Joym-rs, Carpenteis, Masons cfc Bricklayers may earn at least Five Shillings 
New York Money every day they will work, so that nothing can bring those people into the 
danger of starving but wiUfuU laziness. 

My Lord, upon the whole matter I am of opinion that if the subsistence proposed is allowed, 
the consequence will be that Livingston & some others will get Estates, tlie Palatines will 
not be the richer, but will be confirmed in that laziness they are already too prone to, besides 
they will very easily persuade themselves that the same Literest that has Obtained two years 
sul)sistence more than they expected when they were sent from Britain will obtain two more 
al'ter the first two are expired and so on. I must beg leave to take Notice that this beneficial 
Scheme of Wealth to the Nation is not new at this time. I beg leave farther to observe that 
some Years ago an Act of Parliament was pass'd tor the Incouraging the Exportation of Naval 
Stores from the Plantat"' in that Act there was a Keward promis'd for tlie Importing such Stores, 


but there was no Fund appropriated for the payment of that reward else that Act wou'd have 
had a better effect than ten times the Number of Palatines. 

Tims I have endeavoured to give Your Lord? my thoughts upon the Subject matter of the 
Extracts you were pleased to communicate to me as far as I conceive Your Lord? intended I 
shou'd, If there is any thing else in which you think the Experience I have of that part of the 
world may be serviceable to Your Lord? I shal always be ready to receive and obey Your 
commands whenever you shal please to favour me with them, And remain, My Lord, 

Your Lord''" most faithful 

humble Servant 

March S'" 1710. Clarexdox 

Lords of Trade to the Queen. 

[ New-York Entries, 11. 299. ] 

To the Queen's most Excell' Maj's". 

May it please your Majesty 

In obedience to your Majesty's Commands signifyed to us by your order in Councill of the 
first of this month. We have prepared the Draught and Heads of a Bill, to be laid before 
the Parliament of Great Britain for granting a standing Revenue to your Majesty to defray the 
necessary expences of the Government of Your Majesty's Province of New York in America, 
and the said draught having been perused and approved of by Your Majesty's Attorny and 
Sollicitor Gener" We humbly lay the said Draught together with the heads of that bill before 
your Majesty, for your Royal pleasure therein. 

We endeavoured in the best manner we could to have informed our selvs of the yearly 
charges of that Government and of the annual produce of the Revenue granted by the 
Act passed there in 1G92 but have not been able to obtain such an account thereof as is 
fit and proper to be laid before your Majesty, However we presume that M"' Blathwayt being 
Surveyor and Auditor General of your Majesty's Revenues in America, can lay before Your 
Majesty an exact state of the yearly charges of that Goveruni' and of the annual produce of 

the said Revenue. 

Which is most humbly Submitted 

Ph: Meadows 
Jn° Pulteney 
Rob' Moxcktox 
Cha: Turner 
Whitehall March Geo: Baillie 

llie 15"" 17yx • Arth'' Moore 



Mr. Burchett to Secretary Popple. 

[Ni-w-Tork Enlrics, II. 3Jt.] 

To William Topple Esq-- 

I Iiiive read to the Lords Commissioners of the Admiralty Your Letf of the 2-i"' of the last 
mouth together with the proposal of AP Polhampton for redressing Naval Ahuses he comiilains 
of in the Plantations and am directed to acquaint you in answer thereunto that their Lordships 
will give the strictest orders to the Captains of the Queens ships that they doe not at their 
I'eril doe anything w'''' may pnjudice Her Majesty in the manner M'' Polhampton represents, 
and will recommend it to the Governors of those places whereon the ships attend, to send them 
to Cruiz as he hath proposed in the Winter season. What I have more to add is, that 
RP Polhampton was not willing to accuse any particular Ollicer of the ahuses mentioned in his 
General Representation. 

I am, S'', Your most humble Serv' 

Admiralty Office J. Burchett. 

G"' Aprill 1711 

Lonls of Trade to Governor Ilimter, 

[ New- York Entries, 11. 323. ] 

To Colonel Hunter 

Having received a Memorial from M'' William Polhampton, Purser of Her Majesty's ship 
the Kinsale, wherein he sets forth several abuses that have been committed in the Musters of 
the four Companys of soldiers at New York, as likewise the Mis-managements of the 
Commanders of Her Majesty's ships of War in the Plantations, in relation to the men on 
board the said Ships, and proposes a remedy for preventing the like abuses and mis-managem'^ 
for the future ; We herewith inclose to you a Copy of his said flleraorial for your Information, 
not doubting but you have already taken care to put a stop to such abuses and Mis-managements, 
and that you will continue to prevent the like for the future, by the enclosed Copy of M"" 
Burchets letter you will see what directions the Lords of the Admiralty Irave given upon that 
part of M"' Polhampton's Memorial which relates to the Ships of War in the Plantations. So 
we bid you heartily farewell 

Your very loving friends 

Stamford. Rob' Monckton 

Ph : Meadows. Geo : Baillie 

Whitehall Aprill the 10"' 1711. J Pulteney. Arth. Moore 


Governor Hunter to the Lords of Trade. 

[New-Tork Entries, II. 82S.] 

To the R' Hon'''^ the Lords Commissioners for Trade and Plantations. 

]\Iy Lords 

I am honoured witli Your Lordships of the 26"' of October by the Pack' boat tliat arrived 
here about a fortnight agoe, at the same time I had a letter from the Earl of Dartmouth with 
her Majesties Additionall directions for patenting of Lands on the Fronteers. 

I have such variety of matter to trouble your Lordships withall that I am at a loss where 
to begin, — I shall follov7 the order of time. 

Imediatly upon prorogueing the Assembly of this place I went to attend that of the Jersys 
where I met with difficulties of a new nature, there I had a Council! to struggle with which 
had well nigh rendered all my endeavours for her Majesty's service there as fruitless as the 
humours of the Assembly have done here. 

I am ordered by her Majesty to compose the differences there, or Report their true Causes, 
and what opposition I meet with. The former being past all human power or Art I shall do the 
latf with all the cander imaginable; It is needless to goe back soe farr as the Assembly's 
Remonstrance in the Lord Cornbury's Government, your Lordships having had sufficient 
trouble in that already. But that remonstrance begott the Councill's address, comonly soe 
called, vi"'^ indeed was not soe, but a private Act of a number of the Counsellors signed by 
them at different times and in different Provinces, and by two of them, as they have own'd to 
me, much against their inclinat"' being wise enough to foresee the consequences thereof; 
These Gentlemen, I mean the addressors, thus link't together in order to make good the 
allegations in that address, combin'd to take such measures as should make all publick Aflaires 
miscarry in the house of Representatives, and that soe avowedly that M"' Quarry^ thought fit to 
leave them in most things, and M' Mompesson in some, without which I should never have 
been able to have Carryed one thing in Councill as it ought. 

The first three Acts which came up to the Councill they rejected upon the second reading; 
and cou'd by noe means be prevailed with to commit them, tho it was urged that paying so 
little respect to those Bills was but a bad step to a reconciliation soe earnestly recommended 
to them, and that if there was anything in these Acts they disliked, they might either amend 
it in the Committee or Reject it at the third Reading. 

These Acts were. An act for acknowledging and recording of Deeds ifc"^. 

An Act for preventing prosecutions by informations. 

An Act for ascertaining the Qualifications of Jurors, as in the first, second and third pages 
of the Book A. Your Lordships will have the Acts at large. 

The next was an Act for regulating the practice of the Law as in page 4 of the said 
Book A. all- that was urg'd against this Act was that the Laws of England were sufficient for 
that matt^ 

' Colonel Robert Quart was Governor of South Carolina for a short period in 1684 ; but the proprietors having intelligence 
of the encouragement given by him to pirates, dismissed him from office in 1685, when he became secretary of the province. 
He, however, was ^ain governor in 1690. Historical Collections of South Carolina, I., 86; U., 410, 412. He was afterwards 
jiidge of the admiralty in New-York and Pennsylvania, and a sort of government spy in this country. He was member of 
the council of five governments at one time, viz., New-York, New Jersey, Pennsylvania, Maryland and Virginia; and died 
about the year 1712. 3. Massaclmsetts Historical Collections, VIJ., 222. — Ed. 


The next which came was an Act for Regulating and Appointing tlie Fees of the several 
officers and Practitioners of the Law ife*^ as in page 5 of the said Book A. 

With relation to this Act I must heg leave to acquaint Vour Lordships that having in Her 
RLijesty's Instruct"' amide directions as to tlie manner of appointing aiul regulating Fees, and 
having at the same time Your Lordship's opinion in Your remarks on tlie Lord Cornhury's 
Answer to the Assembly's Remonstrances, That noe Fee is lawfull unless it he warranted by 
Prescription or Erected by the Legislature, I thought it the best Expedient to have it wav'd 
and lye on the Table, mitiU such time as I should receive Her Majesty's ordei's, or your 
Lordship's directions therein, being pritty well assured that the Assembly would make noe 
great stir about it at that time. 

The next was an Act for the better settleing and regulating the offices of the Secretaiy and 
Clerk of the Supream Court, as in page 11 of the said Book A. 

This was justly rejected because of the Impossibility of keeping of the Records in both 
jjlaces and the great expense it vvindd create upon a very snuill salary. 

The next was an Act for preventing Corruption in the Coui'ts of Justice, as in page 11 of 
the said Book A. 

Tliis Act was opposed with great vehemence as implying that there had been such 
corruption, and having a Retrospection they were prest much to pay some Regard to this Act, 
because of its specious title, and that the preamble of the Act was only Declaratory, That all 
Laws for that purpose made in England were in force here, soe with adoe we got it committed, 
but upon its being Reported, there happened such a Jumble as I beleive was never befoi'e heard 
of at such a Board, The Chairman reported that the Committee had made several amendments, 
These amendments were their rejecting all the several Paragraphs except the first, upon 
Reading each Paragraph the Question was put whether this Board doe agree with the Committee 
in rejecting that Paragraph. It past in the Allirmative, soe upon the third reading when the 
Clerk was going on, alter having read the lirst Paragrajih, bee was stopt and told that that wds 
all as the Bill was then amended, bee replyed that it was not. The Councill having receded 
i'rom the amendments of the Committee, and had accordingly soe minuted it, This I could not 
help mentioning as a notorious fidcifying of the iMinntes of Councill, most of them st<jod up in 
his justification, but being put in mind of their own argum" lor rejecting eacli Paragraph, and 
the mistake imputed to the Clerks misund'standing the words Recede from the Amendment 
for Rejecting the Paragraph, they acquiesced and the minutes were rectifyed ; but upon the 
Question, if the Bill, as amended, do pass. Votes were Equal, upon which I put the Question 
If the Bill be rejected. It passed in the affirmative; M' Hall in tlie first question having voted 
that it doe pass, and in the second that it be rejected. 

Then canu- up the Act for Relieving the Creditors of persons that are or hereafter shall 
become Bankrupt in Great Brittain, as in the lii"' page of ihe said Book. 

It is impossible to imagine with what indignation this Act was ti'eated by that IMajority, the 
mildest tei'uis that it received were that the very name of it created horrour, that it was evident 
mine to that Province, and that Her INIajesty was ill inlbrnunl, when she gave SLich an 
Instruction. 1 told thenr that althi'i I seldom troubled them with my Opinion, in passing of 
Acts in Councill, hut was ver}' willing to be concluded by theirs, but when Her ALijesty's 
Instructions were called in question they must parcUm me the freedome which I conceived to 
be my duty to use on such an occasion; I told them that I thought it needless to inlbrnie them, 
that these Instructions were not formed upon the jirivale insinuations of any person, but 


prepared with due deliberation by a Board comissionated for that, and other, purposes, Read 
and considered by Her Majesty in Councill and then approved by her. Tiiat when, in 
conformity to such an Instruction, the Representatives liad prepared an Act and sent it to them for 
their concurrence, their Rejecting of it as prejudicial! to the Interest of the Province could not 
well bear any other construction, then that Her Majesty, Her Privy Councill, Her Commissioners 
for Trade, & the Representative Body of the Province, were acting in opposition to the true 
interest of it, or that the Councill, or ratlier a certaine number of lliem, understood that matter 
better than all of them together, or, what I should be very unwilling to beleive, that some of 
themselves were personally too nearly concerned in the consequences of passing such a Bill; I 
told them likewise that I had observed all along a very commendable caution in them, that all 
Acts past here should be very nicely conformable to the Laws of England, 1 hop'd there was 
likewise some regard due to the Interest of England, which was evidently intended by this Act, 
especially when it was no wayes repugnant to that of this Province, All the effect this had upon 
them was that the Bill was committed. Reported with amendment and Rejected. 

I have enlarged upon this Head that your Lordships may be the better inform'd of these 
Gentlem"' Inclinations, and their methods of Proceeding in Councill, and because, as I am 
informed, they have been drawing up Reasons in their justification, the chief of which, with 
relation to this Act, will be, as I suppose, that it would shake their titles ; many of them holding 
their lands from such Bankrupts that Comm"' of Bankrupts may be surreptitiously obtained in 
England to their ruine, and that it would frighten People from settling in that Province, but 
they were frequently told that the House of Representatives meant this Act only as the ground 
work, leaving the superstructure to the Councill, who were more learned in the Laws, 
for all these inconveniencies mentioned were easily to be remedyed by proper additions 
and amendments. 

The Act to prevent commencing Actions under ten pound in the Supream Court &" as in 
the 14"' page in the said Book was Rejected after the same manner as the others. 

The Act for regulating Elections and assertaining the Qualifications of the Representatives 
of this Province, Page 15. This Act tho founded upon and conformable to an Instruction of 
Her Majesty for this Purpose was Rejected, because repugnant to an Act past in Coll. 
Ingoldsby's time, which act as they themselves owne was made on purpose to exclude Doctor 
Johnston and Captain Farmer from being Elected ; These Gentlemen at that time living by 
chance in the Province of New York, tho their Estates, which are very valuable, lye in the 
Jerseys, and who have acted very zealously, and strenuously for her Majesty's service. 

The next Act that came up was an Act declaring all the printed Copyes of all the Acts past 
in the Session of March and Aprill 170S, and 1709 of the General Assembly of this Province, 
to be as effectual to all Intents and purposes as the Originals could or would be, were they 
duly and regularly in the Secretaries Office, Page 17. To let your Lordships into the meaning 
of this Act, I must begg your patience whilst I numerate sev" perticulars necessary for that 
purpose. About the begining of that Session, I sent to the House of Representatives a 
message in the close of the SG"" page of the Minutes of Assembly markt B. and with it 
amongst other things Her Majesties letter in favour of the Lady Lovelace as in the SQ"" page 
of the said Book B. The Assembly observing from these words of Her Majesty, that we 
not only consent to their giving the Petitioner the sum they have voted of Eight hundred 
pounds, but highly approve &■= That it being mentioned only as a vote she did not know that 

Vol. V. 26 


it was past into a Law, niul conse(|ii('iitly that these Laws past in tiie Lord Lovelace's lime, 
liail not l)een sent home lor her a|iprol)atioii. 

They had recourse to the Secretai'ies (.)llice lor the Originals wliich were not to l)e found 
there, the foi'mer Lieutenant tiovernor, C'oUonel Inycjhlshy when questioned ahout these Acts 
answered tluit he l;new nolliinij; of them, autl that he heleived the Lady Lovelace had burnt 
them amongst othei- papers ol her Lords, Upon this I had the Secretary examined more 
particularly, who said the Lord Lovelace had carryed them to Aew York to have them printed, 
there being uoe time to take copyes, The Printer being examined declared that he had 
printed these Acts from the (Jriginals, and that M"" Cockerell the Lord Lovelace's Secretary, 
who is also dead, bad them from him in order to returne them to the Secretaries Office in the 
Jersej's; These Acts being thus lost, that due regaril might be paid to Her Majesty's soe just 
and charitable Intentions and desires, there coiild be noe other expedient thought of But that 
of this Act, because their being an Act past in Cobonel Ingoldsby's administration, giving six 
himdreil |)oimds to him of tiie I'jglit granted by tlie former Act to the Lord Lovelace, and 
sent home for Her Ma)t\st3'"s Approbation and that Act in lavour of the Lord Ijovelace never 
having come to her K.oyal bands, she was left noe choice, vv'''" to approve or disapprove. 

The Councill in their Committee added a Clause in these words. 

And whereas in tlie Eighth year of Her Majesty's reign in the Session of the generall 
assemlily for this Province, held at tlie towne of Burlington in the months of Decend)er and 
January 1709, An Act of (lenerall Assembly was past, entituled an Act for explaining and 
rendring more elfectuall an Act lor support of Her Majesty's government of Nova Csesarea or 
New Jersey lor one year, the original whereof is lodged in the Secretaries office; Beit therefore 
enacted by the authority aforesaid that nothing in this Act contained shall be construed, 
deemed or taken to the prejudice of the said Act, either by avoiding it in the whole or in 
any part thereof, but the same shall remain in full force and vertue as if this Act had never 
been made. 

It was urged against this Clause that seeing this Act as it stood imported noe more than that 
the Acts past in the Lord Lovelaces' time should be of the same force as if they had been duly 
in the Secretaries Office, imless it could be imagined that these Acts if they had been 
duly there could have made voyd or repealed those late ones in whole or in part, this 
amendment was to noe purpose, and bad really noe meaning. The House of Kepresentatives 
were apprehensive that this was intended by the Councill as a confirmation of that Act past in 
CoUonel Ingoldsby's time, giving him the money granted by the former to the Lord Lovelace, 
or at least that the passing of this Clause might be constructed as if they were satislyed it 
should be soe but the only reasons they gave for not agreeing to it were, that they would 
never consent to a clause soe foreigne to the Title and intent of the Bill, the Councill adhered 
to their amendmrnt, and soe the Bill was lost, I have however ventured to send Your 
Lordships these Acts of the Lord Lovelaces under the seal of the Province in the Bundle 
markt C having had them compared with such copies as remained in the hands of the then 
Clerk of the Assembly. 

The next was an act for releiving of persons aggrieved by an Act past in the third year of 
her Majesty Queen Anne, intituled An Act for settling the Militia of this province, It is 
manifest that many persons iiave been agriev'd, under colours of this Act, by Distresses to 
a much greater value thau tlie fynes which have either never been sold and remain in the 


hands of tlie distreiners or otlu^r Officers, or, if sold, tlie overplus not returned to tlie owners, 
as b)' the Act directetl. however it was conunitted, reported without amendments & rejected. 

The next in order was an Act for raising of money, ibr building and repairing Goals, 
and Court Houses &'' as in the SO"" page of the Book A. 

Your Lordships well know how earnestly Her Majesty has recommended that matter, and 
every body here sees the necessity of such a Law, for want of which many malefactors escape 
and the Country is put to great charges to guard them ; The Councill however made several! 
amendments to it, most of them only changing the places to others judged by them more 
convenient; The Assembly agreed to most of them, but disagreed to one, which directed 
tlie building of a Goal in a corner of the County, in a place little frequented ; The Councill 
insisted upon it, alleadging that the Undertakers, upon the credit of the former Act, had already 
begun that work, the Assembly ofter'd for remedy that by paying that expence out of the 
money raised by this Act, but all to no purpose, soe this good Bill was lost. 

The last was an Act for preventing the Waste of Timber and Pine trees, as in the 2']"' page 
of the said Book A. which tho of noe great consequence had the same ftate with the others. 

Having thus run over y' Acts passed by the Assembly and Rejected by the Councill before I 
enter on Observations of the Acts by them past I must begg your Lordshipps patience whilst 
I make a few on their conduct. 

Finding ail my efforts towards a Reconciliation fruitless, at the begining of the Sessions I 
thought of an expedient to allay heats and prevent a further rupture; I recommended to the 
cheif amongst them, that, in order to enter speedily on the publick affairs, there should be noe 
object"' started on either side to any elections, notwithstanding of which the Councill's party 
in the Assembly, very unadvisedly, being but an inconsiderable number objected against 
the Elections of two of the chief members of the house, Imediatly upon the Speaker's 
communicating my Speech to them. Upon which the other, called the Country party (I am 
sorry for the distinction) told me it was hard to tye their hands, while the others attack'd 
them, soe they expell'd two members of the other party, one Major Sanford for having sign'd 
the Councill's Address against the Assembly, when he was of that Board, as he was at my 
arrival here, but begg'd to be excus'd that service being guilty of a very foule crime consenting 
to, and contriving the escape of a ffellon, for his' money which he had in his hands to a 
considerable value, and who was afterwards apprehended and hang'd, confessing at his death 
the whole matter, which was but too well known before. 

This Majority in Councill which I am sorry I have occassion to mention soe often under that 
name, having boasted all along, that they and their Freinds only were for supporting Government, 
I was surprized to iieare that their few friends had voted in the Assembly in tliat matter for 
sums and times differing from the rest and one another, which made all their votes of noe use 
towards the passing of the Bill, But, what was more notorious, upon the passing the Militia 
Act, the Quakers, as their Custom is, left the House that the Bill might pass without their 
voting in it. But the Councill party there .voting against it, the Votes fell to be equall, upon 
which one of the Quakers returned to the House, ask't how the Votes stood, and, being told 
they were equall, he said he knew the meaning of that very well and voted for it, by which 
the Bill was carryed. 

Their method of proceeding in relation to Bills was at first rejecting them on the second 
Reading, and at last when prevailed with to commit them, they either reported them without 
amendments, and soe rejected them, or clogg'd them with such as made it impossible, or at 


least very improbable they slioultl pnss the other house ns perticiilarly in the Bill declaring all 
Laws past in England against corrujition in the Courts of Justice to be of force in that Province, 
they added a clause enacting the Protestant Succession Rights of the Church &■= This 
howeV they were ashamed of and the Councill disagreed with their Committee being told that 
that amendment was foreign to the title of the Bill, and that it would sound very oddly in 
England, that wee should iniagint^ that tiieProtestantSuccession wan ted any further sanction here- 
Much time was sjjent in Councill in Cavilling and wrangling on matters flbreign to those 
before them, some time in indecent reflections on the memory and conduct of a person of 
honour deceased, frequently to tliat degree of heat that I was obliged much against my nature 
to exert the authority J am cloatlied with, to keep them to order and rules, these disputes were 
cheifly managed and promoted l)y Collonel Cox,' who, as I am inlormed, is going for England, 
I hope lie will and then your Lordships will better judge how fit a person he is for a 
Councill Board. 

I protest to your Lordships in the sincerity of my heart that I have noe ends to pursue but 
Her Majesty's service, That I have noe personall dislike of any man, That I have avoided 
party prejudices, and have acted by noe passions in any part of my administration, which 
emboldens me tell Your Lordships, that unless Her Majesty be pleased to remove from Her 
Councill in tiie Jersey's William Pinhorne, Daniel Cox, Peter Sonmans,- and William Hall 
there are noe hopes of peace and quiet in that Province, Collonel Townley is since dead, Huddy 
a weak man led by the rest, AP iMompesson joyned with them in lUdst matters, being son in law 
to M'' Pinhorne and tack'd to them by that fatal address. Col. (^uary, tho unwarily link't to 
them by the same chaine, has beliaved himself most worthily for Her Majesty's interest at 
this time. 

The state of the Question I humbly conceive to be this, whether tliese Gentlemen shall be 
continued in their places, vyiiich are indeed a trouble and expence to them, and for whicli they 
can have noe reall inclination, as matters stand, Init to gratify their passions, and, by that means, 
the confusion here be perpetuated, or that the}' lie removed and others put in their room to the 
entire satisfaction and perfect settlement of the minds of the people in that province. For let 
who will governe unless he doe it by will and pleasure. Pie be bold to aflirme he can effect 
nothing to purpose, whilst these Gentlemen are in the Councill, and I can promise in the name 
of the people that nothing shall be wanting hereafter, as farr as their ability will goe which 
may be judged necessary for Her Majesty's Service, if they aregratifyed in this particular. 

'Colonel Damei. Coxe was ^oii of Daniel ('oxe, M. D., of London, the iiio]irietor .Tnil for some ye.ars Governor of 
West Jersey. After the re.~un)[>tion of the Government l>y the ('rown, Colonel Coxe was niemher of Lord Cornbury's 
Council; in 1716 Speaker of the Assembly; anJ Assoeiate Jnstiee of the Sujireine Court of Xew Jersey from 1734 to 
the time of his death. lie is known, in Ameriean Literature, as the author of "A Description of the English province 
of Carolana, by the Spaniards called Florida, and by the French La Louisiane" which was published in London in 1722. 
Though the work itself is considered a crude performance, the preface to it is remarkable as developing, at considerable 
length, and with great force of argument, a Plan for the Confederation of all the North American Colonies, in which, 
says Grahaine, we behold the germ of that more celebrated, though less original project which was recommended by 
an American Statesman (Franklin, at Albany), iu the j-ear 1754, and which, not many years after, was actually embraced 
by his countrymen and rendered instrumental to the achievement of their Independence. Colonel Coxe died at Trenton in 
May, 1739, iu the enjoyment of the confidence and respect of the eomnmnity. Field's Provinvial Courtsof New Jersei/, 13G. 

- Peter Sonmans was a native of Holland, and son of Arent S., one of the twenty-four proprietors of East Jersey. He 
had been educated at Leyden, and held considerable offices under the Prince of Orange, after he became William the 
Third. Having succeeded to his father's estates he became a large proprietor in .New Jersey ; was Surveyor-General for four 
years, a Member of the Council, a Judge of the Court of Common Pleas, and represented the county of Bergen iu the House 
of Assembly. Ibid., 84 — Ed. 



For this purpose I send Your Lordships a list of the names of Eight persons for Her Majesties 
Councill in the Jersys, that out of them Your Lordships may clioose a number to supply the 
place of such as you shall think good to remove. 

In the Western Division 
John Hambleton Gen" Post Master. 
Thomas Byerly Collector and Receiver General! of New York, and a 

Proprietor of the Jerseys. 
John Reading Proprietor and Clerk to the Councill of Proprietors. 
Robert Wheeler a very honest substantial! Tnliabitant at Burlington. 

In the Eastern Division 
David Lyell a Proprietor. 
Joini Anderson '\ 

William Morris l Wealthy honest men. 
Elisha Parker J 

Your Lordships will also receive with this a Bundle mark't D containing Representations, 
Petitions and Affidav" against these Gentlemen of the Councill and the Secretary of the Province 
with some of their answers which to me appeared trifling and Evasive, and if Your Lordships 
take the trouble to read them I beleive you will be of the same opinion. As to the Secretary 
lie say no more of him than this, that if there be any credit to be given to the universall 
report of mankind there lives not a more corrupt man upon the earth than he; I received an 
address of the Assembly against him markt E. in the afore mentioned Bundle D of which I 
gave him a Copy, sometime after I received an Address frome these gentlemen of the Councill 
in his favour as you will find it in the separate Minutes of the Councill Page 2'^ to which I 
replyed as in the third ; towards the close of y'= Sessions bee gave mee his answer mark't flf in 
the Bundle D : There is no man thinks himself safe in his property whilst he is in his office, 
for few or none will venture Deeds in his hands to be Recorded; It is a place of lionour, trust 
and emolument, and deserves the service of a better man. 

You have also in the bundle D an abstract of along Representation of the Assembly, relating 
to the State of the Province, it has been printed without my knowledge for which reason I 
seiz'd, in the Printing House, all the Copies, and suppress'd them; The Preamble containing a 
series of Reflection of past miscarriages and the administration of a person of Honour, 
heretofore in the Govenim'. 

The Acts past by me that session are as followeth. 

An Act for support of Her Majestyes Government of New Jersey in the Bundle G as are all 
the others. 

Your Lordships will observe that the supply is given in the manner it ouglit to be, but by 
their Resolves, The Salaries of the respective Officers of the Government are but small, which 
I hope to have remedyed next time. 

An Act for amending and explaining An Act of Generall Assembly of this Province, 
entituled an Act for the Currency of Bills of Credit for .£3000 The mistake mentioned in the 
Preamble of this Act, which obstructed the Currency of these Bills struck for the Expedition 
against Canada, are occasioned by the decease of one of the persons appointed to sign and 
issue those Bills, the two surviving persons, not thinking themselves sufficiently authorized to 


doe it, chose one of the managers named in tlio Act for tliat Expedition to joyne witli tliem in 
signing the said Bills; when, with much diilicnlty, wee had got this Bill committed, which 
was only intended to make good the jmhlick credit, M'' f^onmans said in the Committee that 
the}^ might enact what they ])leased, noe man should force him to take y"" in payment: heing 
tax'd with this Ivxpression in Councill hee answered tliat noe man could force him to take silver 
money in payment, if he had a mind to forgive the Deht, this inclined the Councill, some of 
them having of these Bills in their hands, to add a clause decharing the tender and refusal 
of such hills legal payment of all dehts for the value. The Assembly disagreed to this 
amendment. The Councill was told that if they adhered the Assembly would upon a 
Conference agree, being since better Informed, but for that very reason they departed from it, 
wliicli I am afraid will prove a very great hindrance to the currency of these Bills. 

An Act for reviving the Militia Act of this Province. 

Your Lordships will easily observe the mistake committed in the title of y" Act, Reviving an 
Act which was not to expire 'till about a month after, soe there was an amendment offered in 
Councill to the title. These gentlemen said it was irregular to amend the title of an Act. It 
was replyed it might he soe but they did not always think soe, for but a few days before they 
had nnule an amendment to the title oi' an Act, which was agreed to by the Assend)ly, but 
they could not be persuaded to doe it, soe I was forced to take it with this blunder or loose it. 

An Act for reviving and continuing the Courts of Common Pleas in the County of Glocester. 

This is an Act of course wliich Your Lordships have had frequently before that Court, 
being often discontinued for want of Justices. 

An Act for enabling the Owners of the Meadows and Marshes adjoining to, and on both 
sides of the Creek, that surrounds the Islands of Bnrlington to stop out the tide from 
overflowing tliem. 

This is an Act for the benefit of the Owners, and to noe mans prejudice. 

I am commanded by Your^Airdships in Your last to me to send you my observations on the 
Acts past in Jersey, during Coll. Ingoldsby's Administration. 

The first is an Act for explaining and rendring more eH'ectual an Act for support of Her 
Majesty's Government of JVova Ca'sarea. 

This Act instead of explaining the other or making it more effectuall indeed destroys it for 
it gives six lum red pounds of the Eight grant"" by the former Act to tlie Lord Lovelace, to 
the Lieuten' (iovernor Collonel Ingoldsby, who was already provided witii a Sallary by that 
Act. In the former Act the money is directed to be issued by Warrant signed by John Lord 
Lovelace in Councill, where it is indeed defective, had they explained it by adding the words 
or the Comander in Chief for the time being, the title and Act had been of a peece, for this 
was most certaiidy the meaning of that Act whatsoever the Letter may import, and should 
Her Majesty approve the form% as I am apt to beleive she will, and disapprove the latter, 
there aj)pears to he a necessity slill of an Ex|)lanatory Aet, for the reasons above mentioned, tho 
I am alraid to little purpose, foi- the behoof of that Lord's family, Collonel Ingoklsby not beiiig 
abli' to repay what he has had, and I beleive others have had their share of that sume, 
being led to tliat beleif by a story wliicli I iriust entertain your Lordshipps withall, and winch 
I had from some of (he gentlemen concern'd. 

Whilst that Act of Collonel Ingoldsby was in deliberation before the Councill, they thought 
that since such a. some was given to him h)r support of Govertnn' they had a just title to a 
share of it, soe before they would agree to pass the Act they were promised each a peece of 


plate. In tliis last Session wliilest the Council! had under consideration the Bill declaring 
the printed Copyes of the Acts passed in the Lord Lovelaces time of the same validity as if the 
originals had been diiely in the Secretary's Office, These gentlemen thought it a proper 
season to put Collonel Ingoldsby in mind of their Tankerds, Hee at first huff'd and called 
names, soe that at that time the bill had like to have passed, but afterwards they came to a 
better imderstanding, and our Bill lost. In a word my opinion is that the passing of this 
Act will not only be an encouragement and Precedent ibr appropriations for the future, but 
lead them into a way of shifting and altering their owne appropriations at pleasure. 

The second is an Act for ascertaining the place of the sitting of tlie Representatives to meet 
in general Assembh', 

This Act is possitively against Her Majesties Listructions, directing that the Sessions should 
be alternately at Amboy and Burlington, founded as I have been told upon the Concessions of 
the Crown at the surrender of the Government. 

I have formerly given Your Lordshipps my opinion in this matter, and acquainted you with 
the expedient I had found to compromise it, but if there be a necessity of another Assembly 
before I receive any directions from Your Lordships in that matter, I beleive 1 shall call them 
to Amboy, This Act being as I conceive, of an extraordinary nature, and contrary to Her 
Majesty's Instructions and consequently of noe ffbrce untill approved of by her, and may goe 
a great way in making the breach wider, between the two Divisions. 

The third is an Act Tor building and repairing Goale Houses. 

This Act gives a power to a few to assess and leavy money at discretion, There is indeed a 
clause which makes them accountable, to the Justices and Freeholders when called thereunto, 
but noe penalty appointed; By vertue of this Act they have designed a Court House in the 
remotest Corner of the County of Monmouth, which will be a great tax upon the people of 
that County, and was meer party pique. 

The fourth is an Act for the better qualifying Representatives. 

This was levelled particularly against Captaineftarmer and Doctor Johnston men of the best 
Estates and ability in this Province, and who have been very active and usefull in Her Majesty's 
Affaires, and may deprive us of more such, and is contrary to that Constitution of Assembly 
appointed by Her Majesty upon the surrender & confirmed by all her subsequent Instructions, 
obliging the elected to an actual residence, whereas the Instruction mentions noe other 
qualification but an Estate to a certaine value within the Division. 

The fifth is an Act for dividing and ascertaineing the Boundaries of all the Counties in this 
Province. The inhabitants generally complaine the Countys are not equally and justly divided, 
particularly the Inhabitants of Middlesex, are obliged to travell twenty miles through the 
County of Somersett to repaire High wayes, which ought properly to be the charges of 
the Countyes of Somersett and Monmouth, that part of the County of Middlesex being a narrow 
slip of Land between the Boundaries of those two Countyes, And all publick Roads are 
repaired with greater ease and less charge by the neighbourhood. 

The sixth is an Act for ascertaining the Representatives flees. 

In this Act by mistake or designe of the Clerk, the words p'' diem are omitted, soe that they 
were entituled to noe more than five Shillings in the whole for their service, but that being 
remedyed in the present Act, for support of Government, that Att is of noe use. 

The seaventh is an Act for rearulatinsr flences. 


I have heard the men of Estates and sucli as are possessed of large Tracts of Land, complaine 
much of this Act, as putting tlieni upon a Levell with those who had httle or none at ail, nay 
ratlier in a worse condition because having larger tracts of land they have greater numbers of 
cattle, hut cannot reap the benefit of their own pastures, their Neighbours Cattle having graised 
them before, And by tliis Act they can Impound uoc Cattle, but such as break into their Fences. 
Whereas in many other cases there is a necessity of iuipoundiiig those that tresspass upon 
their other Lands. 

The eighth is an Act for amending the Act for preventing Swine running at large. 

The Act mentioned to be amended was thought a ver}' good Act for y"" Country, for Swine 
runing at large is very pernicious to their corne, pasture, meadow and wood land, and occasions 
a great consumption of timber in making ffences to guard against them, soe that noe penalty 
can be too great for restraining them, neither will the value of the swine pay the Dammages 
those creatures commonly doe of whicli itself tiiey are debarred by tiiis Act, and have noe 
Recompence left but the pleasure of killing of them, with the troulde and charge of llnding 
out the owner, which perhaps lives at ten or a dozen miles distance. 

The ninth is an Act for regulating of Stone horses or Stallions tliat run at large. 

Some complaine of it, but 1 can see noe harme in it. 

The tenth is an Act for reviving and continuing the Courts of Common Pleas in the County 
of Glocester. 

Your Lordships have already heard the meaning of that Act. * 

These are the objections against these Acts, which occur to me, your Lordships are the best 
judges if they are of validity enough for a Repeal. 

Before I leave the affaires of the Jerseys I must begg leave to acquant your Lordships with 
some few things necessary for your notice. 

As the Supream Court is now constituted all the Councill are Judges Assistants by which 
means the benefit of appeals may be lost, for it may soe fall out that soe many of the Counsellors 
may be upon the Bench, as not to leave a quorum for the Councill in case of appeale, seeing none 
that have any voice in the judgment by the Instructions are permitted to vote in the appeale. 

I thought it necessary to acquaint your Lordships with this matter beforehand, because I 
beleive I shall be uiuler a necessity to alter the Constitution of that Court, by assertaining the 
number of the assistants. 

In both Provinces I have been pelted with Petitions for a Court of Chancery, And I have 
been made acquainted with some Cases, which very much require such a Court, there being 
noe reliefe at common Law, particularly one of M' Provost, one of the Councill of New York, 
who has been close prisoner almost ever since my arrival here having unwarily confess'd 
Judgment for four thousand pounds, tho' the Reall Debt is evidently not above four hundred. I 
had ordered the Committees of both Councills to forme a scheme for such a Court but to noe 
purpose, the trust of the Scales, they say, constitute a Chancellor and unless the Governor can 
part with the Seals there can be noe Chancellor but himself, I have already more business than I 
can attend to, besides I am very ignorant in Law matters, having never in my life been concerned 
in any one Suite, Soe I earnestly begg your Lordshipps directions, as to that Court. 

M" Mompesson finding himself obnoxious to the generality of the People of that Province 
desired to be excused serving longer in the station of Chief Justice, soe I have supplied that 
place with one M'' David Jamison, who acted fbrnuMly here as Secretary in this Province with 
great applause, and is a Man of knowledge and Integrity. 


Your Lordsliips will have the trouhle of a shorter but sadder account of the affaires of 
New York, being detained in the Jersys niucii longer than I expected I was oblig'd to prorogue 
the Assembly of New York w"^"" should have met the first of March to the third of Aprill, 
finding the Members came but slowly to town I further prorogued them from day to day 'till 
such time as the Speaker acquainted me they were a House, then they adjourned themselves 
waiting for their absent members. When 1 was informed that there were fourteen of the two 
and twenty assembled I sent for them and spoke to them as in the Minutes of Councill page 5. 

Sometime after that the Secretary by order of their house laid the Record of my Patent 
before them, and some time after they sent me a message by two of their members desiring 1 
would communicate to them such Instructions as I had relating to my doeing Acts of Government, 
whilst out of the Province; I sent them your Lordships opinion in the following words. 

The Earle of Clarendon having informed us that an opinion had lately been started in his 
Governments Viz' That if he send any orders to New Jersey relateing to the affaires of that 
Province, whilst he is a resident at New York, they are of noe ffbrce, and the same of his 
sending orders from New Jersey to New York ; Wee think it necessary to acquaint you that 
it is a very groundless and unreasonable opinion &"= As in your letter to me dated the 
23'' December 1709. 

I sent them likewise the Instruction by which the President is entitled to halfe of the Salary 
and perquisites only when I am absent from both Provinces; The Speaker told me the 
house was of Opinion, that they were dissolved by Proroguing them whilst I was in 
the Jerseys. Besides what is contained in this Letter of Your Lordships I represented the 
unreasonableness of insisting upon it now, seeing it was an Opinion started at first by the People 
of Jersey who had willingly acquiessed in Your Lordship's decission, And that they themselves 
had formerly met without scruple upon such Prorogations, and besides that, in my Opinion 
they had now put it out of question having for a ffbrtnight together acted as a house, adjourned 
themselves by their Speaker, sent several messages by their memb'% attended me in Councill 
as a house, and he, as Speaker, there received from me what I had said to them that this 
procedure could be look't upon noe otherwise than their assumeing a power of dissolving 
themselves at their pleasure; Sometime after the Speaker came to me to lett me know that 
they had resolved, by a great majority, to goe home about their bussiness, and advised me to 
dissolve them, I told him I would advise with the Councill and he should hear further from 
me next morning. The Councill were of opinion that it was more expedient to dissolve y" 
than to suffer them to dissolve themselves, soe I sent for them, and haveing spoke to them as 
in the tenth page of the Minutes of Councill, I dissolv'd them. 

Now, MyLords, what course to take in such a juncture I know not, the Officers of the 
Government are starving, the Forts on the Frontiers in ruine, the French and French Indians 
threatening us everyday, noe publick money nor credit for Five pounds on the publick account, 
and all the necessary expence of the Government supply'd by my proper credit, particularly 
ffire and candle and repaires for all y' garrisons, and noe hopes that I can think of for any remedy 
here, ffor as to the calling of a New Assembly, I shall either have all the same members, or 
such others who will returne with greater ffury. The Resolutions of putting themselves on 
the same foote with the Charter Governments being too general to be allayed by any measures 
that can be taken on this side, I would faine hope that the next Pacquet will bring us some 
Releif in Her Majesty's Resolutions with relation to this Government, ffbr without that you 
must expect to hear of nothing but confusion. 
Vol. V. 27 


I must repeat my Instances for your Lordsliips' intercession with Her Majesty, tliat my 
Salary and tlie expence of tfireing and Candle &c for the Garrisons wiiich has cost tiiis last 
year above four hundred pounds may be paid out of the sumes in the Collectors bands here 
arriseing by virtue of Acts of I'arliani' for my credit is run as low almost as that of the publick. 

I send your Lordships inclosed the Acts ]iast the close of the form'' Sessions as in the 
Bundle H. 

The first is an Act to prevent the burning of Woods which signifyes but little in itself. But 
was all wee could bring them to ; the Act of Parliament is oi' more effect for restraining 
that abuse. 

The second is an Act for repairing the Block Houses, Platformes and other the Fortifications 
of tiie City of Albany and Town of Schinectady in the said County. 

This Act was promoted at the desire of the Inhabitants of Albany and Schenectady who 
lye nearer the danger, and soe are more sensible of it. 

The Third is an Act to collect the Arrears of Taxes, which wants noe remark. 

The fourth is an Act to enable the Precincts of Islip in the County of Sufiblk to elect two 
Assessors, a Collector, Constable and Supervisor. 

This is an Act meerly in favour of the Speaker of the House. I know not whether Your 
Lordships will approve my good nature in passing it after the treatment I had met with. 

The fifth is an Act to retrench the growing interest of Bills of Credit. 

The Bills of Credit issued by vertue of the Acts of assembly mentioned in this Act 
carrying a considerable Interest, induced those who received them to keep them up, whereby 
the Intent of the Assembly was frustrated, so that this Act was pass'd to prevent any further 
increase of Interest. 

Your Lordships will observe in the close of this Act a Clause very ftbreign to the title and 
intent of the Bill, But they meant it as an amends for the abuse put upon the Governor 
and Councill in their other Bills, where they made the Treasur'' only accountable 
to themselves; wliich Acts however did not pass because they would not admit of 
that amendment. 

JVP Mompesson the Cheif .Justice of this place, is in such necessitous circumstances that it 
wants a vertue more than human to guard him against the temptation of Corruption; ftbr 
which reason I must intreat your Lordships to recommend him to Her Majesty's favour, 
for the salary formerly paid in England to the Cheif Justice here. He is a person of abillity 
and great knowledge in y' Laws. 

What I have to add your Lordships will read with more satisfaction. I have now settled 
all the Palatines on both sides Hudsons River, opposite to one another, on good lands adjacent 
to the Pine Land. I gave Your Lordships in my last an Account of the purchase of Four 
thousand acres of land for her Majesty, her heirs, and successors, for that purpose, from ISP 
Levingston, for Two hundred si.xty six pounds thirteen shillings and lour pence sterling. The 
small tract on the East side in the Queen's gift, being not suflScient for settling the reniainder, 
I have taken for that purpose an adjacent tract, belonging to M"' Thomas Fullerton who is now 
concerned in her Majesty's Customes in Scotland, who has by hisletter of Attorney given me 
power to dispose of the same. Which tract contains about Eight hundred acres of very good 
land, which will cost more in proportion than the lands purchased of ftP Levingston, he reck'ning 
the neighbourhood of that people more than half the price, M'' Fullerton reaping no benefit 
from that scitualion, If I find them streighlen'd in ground I shall endeavour to find more 


in the neiglibourliood at easy rates, for I find the extent ground a great encouragement to 
the people. 

I have met with great opposition from many of the ill disposed Inhabitants, who dayly 
insinuated that there were better lands for them on the Fronteers and that they were ill used 
in being planted there ; being informed from all hands that these suggestions had been of 
fforce enough to make the people idle and backward, and something worse, on my returne 
from the Jerseys 1 visited them againe, having remained some dayes amongst them, to appearance 
convinced them of the ill intentions of those y' had misled them, that they could not follow 
the work they were destined for, there being noe pine on these lands on the Fronteers, which 
they had a mind to, besides they must lay their account of labouring there as the Israelites did 
of old, with a sword in one hand and the Axe in the other; having by these meanes to my 
thinking quieted them I left them, but was overtaken a few miles oft' by an express which 
acquainted me that they had been in a mutinous manner with their Officers, declaring they 
would not settle these lands but would have others, upon which I returned and ordered them 
to send Deputies from each village next morning with their demands, but they then came in a 
body, and when I found I could prevaile little with reasoning, and was thinking of some more 
effectual method to keep them to their duty, I ordered the contract which they had all signed 
to be read to them in High Dutch, and asked them whether they were resolved to keep to the 
termes thereof or noe, that I might take ray measures accordingly : After some small deliberation 
they returned me for answer, that they were resolv'd to keep their Contract & would for 
the future be directed Intirely by me, Soe wee parted good ffriends. Soon after that I had 
advice from their Officers of the wonderfull change of the people's inclinations and conduct, as 
your Lordships will be better informed by the two Inclosed French Journalls. 

The season draws near when they are to be imployed in the preparing the Trees ; I have 
wrote for ftP Bridgier who has been in New England ever since the last flail, but was unwilling 
to trust this matter intirely to him, not being thoroughly convinced of his ability, by accounts 
I have since had from New England, and very little of his good will, by his last letters, which 
denote a greater attention to his private profit than the Publick Service. Soe I have provided 
another here, by name Sackett, who hath lived three years in (he Easterne Countries among 
the manufacturers of Tarr, and gives a very rational account of the method of preparing the 
Trees, I have also wrote to Conecticut for two more, who, as 1 am informed, understands y' 
matter very well. 

I informed your Lordships formerly how I was disappointed in my hopes of naturalizing 
that People here, by an Act of Assembly; I then thought I might have remedyed that by 
granting letters of Denization, but finding since by the Minutes of Councill, a letter from Your 
Lordships to the Earle of Bellamont, Dated the IG'" of February Ho-tr Prohibiting him to grant 
Letters of Denization, unless expressly order'd by his Commission, which was likewise sent to 
all the Governors in the Plantations, I am likewise deprived of that meanes and must rely on 
such orders as her Majesty shall be pleased to send for that purpose. 

I hope your Lordsliipps have by this time dispatcht M'' Du Prey back to me, for untill he 
comes I shall be at a loss to finish the Accounts for the time past, I shall in the meane time 
draw upon the Lords of the Treasury for such a sume as is absolutely necessary for their 
current subsistence, the money first paid being long since expended, and noe returnes of the 
Bills 1 drew on their Lordsliipps last ffall. I have been obliged to make use of all the credit I 
could possibly gettfor their subsistence hitherto. I must intreate your Lordsiiips recommendation 
of a Ready complyance with these Bills, upon which the success of the whole Depends. 


I ought to nsk pardon for soe loiiij ;i Letter, T wish I lind known liow to Iiave made it shorter, 
hut I am desireonsy" nothing should lie kept from \ouv Lordships knowledge of my adnnnistration, 
whilst 1 liave the honour to serve Her Majesty in this Governm". 1 am with the deepest 
regard, iMy Lords 

Your Lordships most luimhle 
New York &■ most obed' serv' 

7"' May 1711 Kob' Hunter. 

i)//'. ifolin. Cast to Governor Hunter. 

[New-York Papers; Aa : 35.] 

My Lord 

March 13. Your Excelleucy will, probably, expect to learn how the people behaved after 
your departure. This is what I iiave been desirous to communicate by these lines, by 
informing you — Well, as we could desire, and as satisfactorily as before they had given 
dissatisfaction. May God continue them in the same sentiments ! 

14. The day after Your Excellency left, those of Queensbury, previously the most perverse, 
came to tell me that they were willing to take the remainder of their share of the Salt-beef, 
which they hitherto hesitated to accept; and that they had got the people to submit to the 
direction of the Overseer of the village, which I have never yet been able to effect. 

Whilst thus occupied, a great many of the settlers came from all the villages to receive the 
tools that had been sent from New- York ; they all, without exception, evinced a modesty, 
civility and respect which surprized, as much as it delighted, me. They have all exhibited 
equal readiness to clear and prepare their gardens, and have invited me to spend a week 
with them. 

On the other hand, Mr. Levingstone has sent his son, the Surveyor, to the village of 
Annsbury to work; Mr. Meyer has gone there also. 

1-5. ISIr. Blagg informs me, that he has distributed the tools I had given him, and has 
commenced with Georgetown, whereat those of Elizabethtown murmured ; I sent them word 
that they shall have their share out of the first lot that will be received, and gave them 12 
pieces more than Your Excellency ordered me, in addition to what some have received from 
me individually, from time to time, when they came here to solicit them. The people of 
Elizabethtown tell me that their comrades are setting about clearing and preparing their 
gardens ; that nothing more is heard about moving elsewhere. They also say that Gerlach' 
manifests regret at iiis dismissal. To console liim somewhat, I sent him word that Your 
Excellency is willing to place him here, and that nothing will prevent this but the apprehension 
that he will fall into the same accident on this side ; that he must tell me his opinion thereupon, 
when we shall see what can be done. 

16 More people arrived from all the villages; some for beer, others for bread, and 
a third portion for salt beef; others for hoes, instead of grubbing hooks. I have satisfied 

' Captain John Christopher Gerlach. — Ed. 


them all, as far as I was able, putting; the rest off till the arrival of the first boat. All these 
have exhibited the same deportnieiit as the first mentioned. To satisfy those of Eiizabethtown, 
I gave them hoes, the same as to the people from this city, as I have some still remaining, to 
enable me to do so. 

Mr. Levingstoiie has been constrained to recall his son from Annsbury to conduct back the 
French oflicers, returned from Boston to Albany, one of them having fallen sick at our place. 

The Surveyor informs us that the people of Annsbury evinced much eagerness for their lots, 
that many of them have exchanged with their comrades on account of the proximity of their 
huts; that the survey amounts to 65 lots, and the village to 63 families ; that Wormbs died 
this morning of a retention of urine, and pain in the belly. I shall see what answer Gerlach 
sends to my letter ; if he be disposed to succeed Wormbs, and Your Excellency consent, I 
shall accordingly present him to the village (CommunautS.) 

According to the deposition and description of the mark Gerlach has on the back, it is a mole 
of the size of a cherry, rising from the body like half a cherry, of a very brown color, with 
a pretty thick hair growing from its centre. Whence it is evident that he is only jmcasse. 

17. To day whilst receiving their bread, the people of Annsbury generally ask me for 
grubbing hooks and spades ; I put them off until the arrival of the first sloop ; meanwhile they 
take hoes ; which I do not refuse them, but request they would not strain them, not being at 
all adapted to cut roots. 

The whole of this Journal, My Lord, will exhibit the present disposition of the people better 
than any opinion I could give. Tiiese particulars also show Your Excellency my wish to 
receive tools first of all, more seed, especially Flax seed, for these people are anxious to supply 
themselves with shirts, and evince this laudable precaution in addition to the gardens 
(les herbages.) I am, with profound respect. 

My Lord, 

Your Excellency's 

Most humble and 

Most obedient Servant 

17" March. 1711. Cast. 

Mr. John Cast to Governor Hunter. 

[New-York Papers; Aa: 35.] 

My Lord 

The deportment of the Palatines continues the same as I had the honor to report to Your 
Excellency in my last. No person comes here except for tools, either for agricultural purposes, 
or for altering their huts into houses. After having distributed what I had, I put off the 
others until the first arrival from New York. Some ask for seed, so that the labor they have 
expended on their land may not be in vain. I give them to understand that the people of the 
country, not anticipating this demand for seed, will find it difficult to supply tiie requisite quantity ; 
that the seed they have brought from Germany, London and even New York will possibly be 


sufficient for this year, inasmuch as it is more easy for eacli one to find what he needs, than for 
lis to lay up a supply for the entire people, in the distrihution of which each takes what he 
does not require. 

In other respects the people contemplate present settlement for a couple of years. They 
persuade tliemselves that Canada will he taken this campaign, and tiiat upon the conquest of 
that country, as a security for their settlement, they will be established on the lands destined for 
them. In this opinion they are confirmed by the reports of those who have wintered at Albany; 
who say, that the inhabitants up there are accordingly very apprehensive of losing the 
profit they derive from the Indians, and the hay they annually cut on said lands. 

Some days ago, five Palatines were sitting around the fire conversing on the prospect of 
their settlement. They all agreed, that the selection of the Levingston lands was well 
planned — that their situation between New-York Sopes and Albany was very convenient; 
that the proximity to the river is of great advantage, and that tlie exemption from the fear 
of enemies affords peace and a home to their families. But the desire to possess a good deal of 
land upset and demolished, in a moment afterwards, all these advantages. The more 
moderate and sensible, to remove this, said to them — 

What, if, in return for all your pretended rights, the Governor will not give you any other 
lands than those in the rear of our villages, and be determined that we pass our whole lives 
here? What can you then do? Nothing, continued the same man, but drawdown by the 
displeasure of the Governor, evils we do not experience here, and deprive ourselves of the good 
we now enjoy. For in fine ( he continued) as it is our duty, and we must absolutely work for 
the Queen, it cannot be otherwise than that Her Majesty will put us in a position to earn our 
bread ; for she will not keep us always in this way. 

Earn our bread, said another. We came to America to establish our families — to secure 
lands for our children, on which they will be able to support themselves after we die; and that 
we cannot do here. What is to be done in that case but to have patience? replied the 
first. "Patience and Hope make fools of those who fill their bellies witli them." Whereupon 
the whole five burst out a-laughing and changed the conversation. 

I asked Mr. Kocherthall in what way his people behave ? He tells me all are at work and 
busy, but manifestl}' with repugnance, and merely temporarily — that the tract intended for 
them is, in their minds, a Land of Canaan — they agree, that it is a very dangerous place to 
settle at present, and for this reason it is that they are willing to have patience here for a 
couple of years. But they will not listen to Tar making. He thinks this repugnance can be 
overcome, as was that to cultivate their gardens; and that the future will furnish with difficulty 
what the present time would have easily guaranteed, did the people conform to the intentions 
of their superior. 

I have considered it my duty to give Your Excellency communication of all that precedes, 
for your information. I have no other object in the world, for the remainder of my days, than 
to serve faithfully, disinterestedly, impartially, without seeking any other Mcian than what can 
be useful to your Excellency. God preserve me from painting the people in blacker colors than 
they deserve. But in drawing their portrait I have avoided flattery also. I consider it of the 
utmost importance to avoid the one and the other. Tluis, by reporting purely and simply what 
occurs from day to day, whether good or bad. Your Excellency will be able to infer what is to 
be hoped and what is to be feared. 

After the change which has just taken place among the people, I liave remarked further, 
that many heads of families are solicitous for a better form of Magistracy. They frankly say, 


our affairs will never prosper as long as we are our own masters ; each follows his own evil 
inclinations, and if there be no bridle to act as a check, the man who is well to do will be 
forced and constrained to defend bimself, and to go constantly armed to his work. 

Not only is each emulous to be the first to finish his garden, but likewise eager to work so 
as to be no longer dependent on the inhabitants of the country. For they openly confess, that 
they have learned sufficiently by experience, that not only do the settlers want to accustom 
them to work for their daily food, or at most for a little provisions extra, and [but] have 
reason to be jealous of their settlement, inasmuch as they see themselves already obliged to 
lower the price of their articles (ouvrages) in order to retain customers. The mechanics 
among the Palatines understand this so well, that they do all in their power to set themselves 
to work, and we assist them as far as our means permit. It is the agricultural portion of them 
alone that contemplate the possession of a large quantity of land ; these however form the mass of 
the people to whom I should wish to give occupation after their gardens are completed. It is 
impossible that they can all find employment among the farmers. At New York, force had to 
be used to make them cut wood for a shilling a cord, with Is. a week for butter and salt. Here 
they are mighty glad to labor for Is a day. Thus doth folly change with circumstances. 

The people, especially those of Queensbury, perniciously abuse the favor Your Excellency 
extended to them, by saying. If any one happened to have a spot unfit for cultivation, let him 
have another. Seven belonging to Queensbury have, of their own authority, appropriated 
other places unto themselves, fell into dispute about them, and two of them have fought each 
other with axes. The Overseer of the village demands that they be punished so as to prevent 
other similar assaults. To do what I can, I am this moment on the point of setting out with 
the Surveyor to examine the lots and the cause of the dispute, in order to stop the quarrel 
and apply a remedy to these abuses. 

I have drawn up the necessary notices for the dissolution of the two Marriages mentioned by 
Mr. Hayer' to Your Excellency, and iiave presented them to Mr. Livingstone who says, he is 
not a Magistrate of that country where the Palatines live, that his jurisdiction is between his 
Manor and Albany, that application must be made to Mr. Dirck Wessellse ten Broeck. The 
interested parties desiring the prosecution of these proceedings, I shall address myself accordingly, 
without giving any explanation for fear of displeasing the honest people, and affording greater 
encouragement to the wicked in their wickedness; for the good are a long time wishing for the 
establishment of an effective police which they do not find in the person of an absent judge. 

Mr. Wagner whom I deputed to present Captain Gerlach to the people of Annsbury in place 
of Wormbs, deceased, informs me that they absolutely refuse him as Captain; in fact he 
immediately returned to his village without pretending any thing. The people of Annsbury 
since tell me that the majority of them belong to the New York company, and are thereby too 
much convinced of the malversations he committed in the distribution of the provisions, to 
wish to fall again into the same misfortune. Singular persistency in an accusation which 
has never lifted its head during his sojourn at New York. 
I am with profound respect, 
My Lord, 

Your Excellency's most humble 

and most obedient Servant 

March 27, 1711. Jean Cast. 

' Qu. Eev. John Frederick Seyer? He was one of tlie Palatine clergymen. — En. 


Governor Ilimter to tlic Lords of Trade. 

[ New-Tork Enlrics, 11. 8S6. ] 

To the R' Hon'"'' the Lords Commission" for Trade & Plantations. 

My Lords 

After having finislied my letter, last night arrived our third Packett Boat vi'hich brought me 
the honour of Your Lordships of the 29"' of January. I know not by what mistake that paper 
which relates to my conference with the five Indian nations was left out of .the Packet sent to 
Your Lordships by the Mast Fleet, hut you will receive it with this mark't .7. P. 

As to what relates to the ord'nance for establishing Fees it is impossible I can give Your 
Lordships that satisfaction I would by this Packet, it being to sail in a few houres, only I think 
it necessary to acquaint your Lordships that the Table of Fees in 1(593 was never establish'd 
by an ordinance, only a scheme sent from the Assembly to the Governor and Council, 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 concerning it is an order of the House of Representatives of the 20"" of September 
1693. in these words 

The House of Representatives for their Majesty's Province of New York doe order 
that this Catalogue of Fees be sent up to the Governor and Council, praying his Excellency 
that he may establish the same, and Alsoe an order in Council of the same day in 
these words. Ordered, Coll Stephen Cortland, Coll Nicholas Bayard, Chidley Brook Esq"' 
William NichoU, Esq'' and William Pinhorne Esq"" be and they are hereby appointed a 
Committee to consider of, and regulate, the Table of Fees, but 1 do not find that any thing 
further was done in it: I shall be able to give Your Lordships by the other packet (wiiich 
goes in a ff'ortnight) a more perfect account of that matter, and comply with your Lordships' 
orders in comparing the two Tables and making remarks upon the Variations. 

As to what your Lordships write concerning the Act past in the S*" year of King William 
and Queen Mary 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 have nothing more to add but I waite with great Impatience for Her Majesty's Resolutions 
in relation to this Government, For after what Your Lordsliips have heard you will easily be 
convinc'd there is nothing to be expected from an Assembly. I am with all due honour 

My Lords, 

Your Lordships' most humble 

New York and most obedient Serv' 

V"- May 1711 Rob' Hunter. 


Conference of Governor Hunter with the Indians. 

» [ New- York Papers; Aa., No. 52. ] 

Alt her Maj" Fort at Albany 7 Aug: 1710. 

Present — Coll P'' Schuyler Capt" Mynd' Schuyler 

Coll" K Van Reuselaer Hob' Livingstone Secry for Indian Afiiiirs 

^ Interpreted by Capt" Joh^ Bleecker 

Some of the Sachems of y^ five nations & river Indians particularly those lately Come from 
Great Britain, waited upon his Excellency Robert Hunter Capt° Generall & Gov'' in Cheife 
&c as^oon as he came on shore, and told his Excellency that they heartily congratulated his 
safe arrival, and thankt God that he had been so mercifull to send him safe to them, bidding 
him heartily wellcome, & that all y' Sachims were not yet come, yet they could not be wanting 
in their duty to waite upon his Excellency and acquaint him of their great joy for his safe 
arrival and presented him with a black otter. 

The said Sachims doe humbly request in regard many Indians are suddenly expected, that 
he would be pleased to prohibit the selling or giving of any rum, strong drink, wine or beer 
upon very severe penaltys, because many mischeifs doth ensue upon the selling of rum or any 
other strong drink to the Indians 

His Excellency told them he was glad to see them, & they might be assured of her Majesty's 
Countenance & Protection which he was directed by the great Queen of Great Britain, to 
signify to them, and would give the necessary directions for y* prohibiting y' selling of Rum 
or any other strong drink, and told them also that he would do any thing that might tend for 
their future welfare & Incouragement 

The Sachims thank't his Excellency for his Condescension in graunting their request, and are 
embold'' to ask one favor more, which is tiiat the old Sachims, when they come to Schinnectady 
may have waggons to bring them to Albany vv'^'' his Excellency was likewise pleased to graunt 
for which they were very thankfull. 

The said Indians prayed that during their Stay provisions may be ordered more largely, for 
the allowance they had had hitherto before his Excellencys arrivall was very Scrimp 

His Excellency told them he would give directions that they sh* be taken care of and 
victualled as well as ever they had been formerly. 

RoBT Livingstone Secry. 
for y» Indian affairs 

Schinnectady y 9"" August 1710 
Present — Coll P'' Schuijler Mynd'' Schuyler 

Coll" Killian van Renselaer P' Van Brugh 
Evert Banker Coll J' Schuyler 

Rob' Livingstone Secry for Indian Afi" 

The Interpreter Lawrence Clace being come from y^ Sinnekes Country & y^ rest 
of y' 5 Nations westward, doth relate to his Excelly Robt Hunter Capi" 
Gen" and Gov'' in Cheife what has occurred to him among s'' Indians in y 3 
months that he has been from Albany 
Vol. V. 28 


Tliat being sent to y' five Nations to watch y'" motions of y'' Freneli & to perswade those 
Indians to give a free passage to y'' fan- Indians tlirougii tlieir Countrey to Come liere to 
Albany to trade 

It was' at Onnondage the 17"' July last when Mons : de Longuellee- & Mons : Jeunkeur y'' 
Interpreter and lU other French with two Indians came tiiiliier i'rom Canada, & made 
y'^ following propositions to y^ Sachims of Onnondage 4 .'^acliims of Oneyde and y"^ said 
Interpreter Lawrence being present 

Children of the five nations 

Some of our Indians lately came from your Countrey to Montroyall, Informed us that the 
English were designed to rendre" the Expedition against Canadii and come to distroy Quebec 
Montroyall Troy River and all Canada, we are therefore sent by Onnondio our Gov' to forbid 
you of y" five nations to joyn with them upon any account whatsoever and if you do, \fe will 
not only come ourselves but sett the farr nations upon you to destroy you your wifes and 
Children Root & Branch, as for y^ English we regard tiiem not in the least, we have had warr 
with them long enough & always prevailed, therefore we warn you not to engage in their 
quarrel], if you have any compassion for your Childrens Children then you must not assist 
y'' English upon any account, if you do we tell you plainly we must destroy you, being now 
ready and fitted for that purpose, therefore be quiett and sett still, for y' English must not 
think to skare us by a faint of pretend*" Expedition by coming to y' wood creek to eat biscuit 
there soaked in Stinking Water, sure y*" biscuit would eat as well at Albany as there the 
English have got nothing by itt but lost ground. 

When y* above proposition was made, the Sachims seemed to be divid"" in their opinions, and 
those Sachims of y"" French faction prevailing made their answer to y' French agents without 
calling Lawrence Clase the Interpreter to be present, neither did he hear what answer they 
made, only the Sachims told them they would communicate their answer to tiie Governor of 
New York when they came to Albany 

The Sachims told y*" Interpreter plainly that except the selling of strong drink be wholly 
and Soley forbid its impossible they can live in peace in their Castles, they will be necessitated 
to separate themselves & break up and be no more a nation, and all the 5 nations are of the 
same opinion, and some of the 5 Nations are resolved to go to Newyork to request 
the assembly to make a strickt law against it. 

The said Sachims of Onnondage told him further, that tiiey hoped the English would build 
a Fort and Garrison it well in their Castle, or where they thought fitt in their Countrey which 
would prevent all the French intragues, and desired they might have a Smith to mend their 
Arms at Onnondage and another at Oneyde 

Rob' Livingstone Sec'^ 
of the Indian affairs. 

' ffe was. Copy in New -York Colonial Manuscripts, LIV. 

' Baron de Longueuil, Lieutenant-Governor of Montreal. Charlevoix. ^ Renew. Ne^o - York Colonial Manuscripts. — Ed. 


Propositions made by the River Indians & Sliachl^ook Indians to liis Excellency 
Robert Hunter Capt" Gen" & Governor in Cheife Sec in Albany y' 
ll"- Aug 1710. 

Father Corlaer & Quieder 

We are glad to see you here, y'' Heavens were troubled before your arrivall, and ever since 
they have been claer and sarene, we hope it will be ever so during Your administration we do 
congratulate your safe arrivall among us did give a Bever Skin. 
2 Father 

I speak for our whole nation, we have always been faithful and obedient to this Government 
and desire y' the Covenant Chain may hencefortli be kept brighter & clearer than ever, gave a 
Belt of Wampum. 

3 We take tiie Freedom to accjuaiiit our f^ither, that we are affraid y' the enemy may annoy 
us, being bare and uncovered in the place of our habitation at Skaahkook, do therefore pray 
that you would grant us your fatherly protection, arid build a Stockado fort there for our 
[security] gave a Beaver Skin & 4 Martins. 

Propositions made by y^ Sachims of y' 5 Nations viz : Maquaese, Oneydes, 
Onnondngues, Cajouges, & Sinnekes to his Excellency Robert Hunter 
Capt" Gen" & Gov'' in Cheife of y' province of New York. N. Jerseys & 
in the Citty Hall of Albany y'' 13'" August 1710. 

Present — Coll P Schuyler L' Coll: Jao Scbuijler 

Coll K V Renselaer Capt" ?"■ van Brugh 

Maj Mynd Schuyler Capt" Evert Banker 

George Clarke Esq'''^ Secrey Robert Livingstone J' Recorder. 

Rob' Livingston Secrey for y' Indian affairs 

Canachkonie Speaker. 

Brother Corlaer 

We were sent by y*" Commissioners of y' Indian affairs to be here to attend your Excellency 
in 45 days, and are accordingly come at the prepared time' and are very glad to see your 
Excellency in health and tiiatGod has been pleased to preserve you from y^ danger of y'^ Enemy 
& y= Peril of y^ deep, the Sea being a turbulent Element not to be resisted, we had not y" 
happiness to see our brother w'='' the Great Queen sent last year, meaning the late Lord Lovelace, 
he was snatched away before he could have time to send for us, and since we are so fortunate 
as to see you now, we are thankfuU to God Almighty for your preservation, and wish you all 
imaginable joy and happiness in your Government 

His Excellency thank't them all for their kind Congratulations and told them that as he was 
sent by Her Maj"^ of Great Britain to be Governor of this Colony for the welfare of Her 
Christian and Indian subjects so they may be assured of Her Majestys favor and protection,^ so 
long as they shall continue faithfull and steddy to Her Government and keep true to 
their Covenants. 

^ prefixed time. Copy iyi JS^em -York Colonial Manuscripts, LIV. ^ favour, assistance and protection. Ibid. — Ed. 


Tlie Siicliinis of tlie five Nations made y^ following Propositions to his Excellency 
Robert Hunter Capt" Gen" and Covenior in Clieife & at Albany y' 
ll"- Aug 1710. 

Brother Corlaer 

Wee are glad that God has been pleased to spare you from y* dangers of y'' Sea in so long 
and Perillous a voyage, and that we See one anothers face in Peace we are necessitat to make 
known to your Excellency our Poor and mean Condition, occasioned by our people being kept all 
last year & last winter from Hunting to be ready on all occasions to assist our Brethren as well 
in the intended expedition against Canada as to oppose y'' French if they sh** have offered to 
make any attempt upon this Government, and so have caught no Bevers or Peltry to Supply 
our necessity's, do therefore, pray that your Excell^ will be pleased to order, that our Hatchets 
Kitles and Gunns may be mended upon y" publick charge, especially since this our Poverty 
has been occasioned merely by our obedience and fidelity to this Her Maj'"' Government, this 
supplication is made with a Sorrowful heart & with Tears in our eyes by all y*' five nations 
did give 5 Bever Skins. 

His Excellency thanked them for their complement and commends them for their obedience 
and fidelity to the Government and expects that they will continue so, and then they need not 
fear of Her Mai'""' assistance & protection, and is willing to Cause the Hatchetts Kitles and 
fuzees to be mended and doth therefore order that they do bring such Hatchetts Kitles and Guns 
as want mending to morrow morning to y^ house of Robert Livingstone her Majesty's Secreary 
of the Indian affiiirs, that the trades men may be sent for to do y*" work out of hand ; and it 
will be requisite 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 his Excellency Rob' Hunter Capt" Geu" & Governor in 
Cheife of her Maj''"' Provinces of New York, New Jerseys and territories 
depending thereon in America and Vice Admirall of y' same to y* Sachims 
of y"" 5 Nations viz the Maquaese, Oneydes, Onnondagues, Cayouges and 
Sinnekes in Albany the 16 Aug 1710 

Present — Coll P"' Schuijler of Her Mat^' Council! Hend PLinsen \ 

CollK VRenselaer " " " Jn° Schuijler jConims" of 

George Clerk Secry of y*" Province Mynd' Schuijler ^ y= 

Abrah: Cuyler \ P. Van Brugh ( Indian affairs 

Gert : Reeseboom v Aldermen John Reeseboom / 

Abraham Schuijler ) Rob' Livingston Secry for y* Indian Afirs 


It having pleased y^ great Queen of Great Britain my mistresse to appoint me Governor of 
this countrey upon the death of the late Lord Lovelace whom God Almighty was pleased to 
take to himself last year, 1 did resolve to call you together as soon as I arrived, and am glad 
to see so many of your Saciiims come, with whom I shall be glad to treat ofl^ affairs for y"" 
welfare and to renew the Covenant chain. 



I was willing to take y"" first opportunity possible to meet you to renew the Covenant Chain, 
on behalf of all her Majesty's subjects on the north continent of America, which I doe now 
in a most solemn manner and do assure you of her Majesty's Protection and assistance so long 
as you keep the same inviolable, and as a token of Her Majestys kindness to you for your 
former Services to this Government, lias sent by me a present to be given to you which you 
will now receive. 

I am informed that y'^ French of Canada have made it their continual Practice by their 
deluding Jesuits & other missionaries to draw you off from you fidelity to Her Majesty and 
to raise divisions among you, but I suppose the long experience you have had in their mall 
treating you, and y° many ill actions they have been guilty of, will be sufficient inducements to 
keep you firm to those that have always been your friends, and to secure you from hearkening 
to any of their false insinuations, they have had some messengers lately in your Countrey, I 
would fain know what propositions have been made to you & what answer the French received to 
their message, and why y'' messenger of this Government who was then at Onnondage was not 
made acquainted with your answer to them, I desire allso to be informed 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 senceable that it is for y"' advantage and security that the farr 
nations have a free passage throw your Countrey to come and trade here, you could not see 
throw it at first but y° only way to strengthen you & us & to weaken y' Enemy is, to have 
as many brought into the Covenant Chain as possible & therefore I must exhort you to persist 
in that resolution and give y° farr Indians all suitable incouragement Imaginable as you see y^ 
Great Queen to strengthen this Government has been pleased to send a great number of people 
with me to settle here 

Those of your nation who have been lately in England, have made it their application' to 
the Great Queen to send missionaries amongst them to instruct them in the religion and 
worship of y' son of God\the saviour of the world, I desire to know whether you approve 
of it, and if you will be satisfied to have a Garrison Planted in one or more of your Castles, 
and a Chapel or Chapells built there & y" place fortifyed for your defence and Protection 

That to convince y"" great Queen & her Gov"' under her of y^ sincerity of Your Intentions in 
your allegiance & fidelity, you will for the future receive, no French Priests or emissaries 
amongst you, else we must not look upon you sincere in your Promise of keeping the 
Covenant Chain Bright 

I am concerned to hear the complaints of severall of y* Inhabitants that live above 
Schinnectady, who suffered much by your young men's killing their Creatures last year, and 
plundering their Houses, this is not acting like brethren & friends, I hope you will take care 
that no such abuses be committed for y^ future 

I understand that divers of your people design to goe out a fighting against y'^ Flattheads, 
who have not injured you, and are a peaceable people, It is better for you to hunt near home, 
since you know not what designs the French may have against you. 

By the last Fleet y' came from Great Brittain to Boston her Majesty sent some troops to 
Act offensively against y'= Common Ennemy and some more ships are speedily expected, by w"^"" 
we may have some news, therefore it will not be adviseable for y^ brethren to go farr from 
home, not knowing what occassion there may be to joyn our forces together. 

' have made their Bupljcations. Copy in Mew -York Colonial Manuscripts, LTV. 


Your Brethren who liave been in England and have seen y^ great Queen and Her Court, 
have no doubt informed you liow vain & groundless the French boasting has been all along, 
how our Great Queens armys have year after year, routed all his forces, taken his Townes, 
and is at this time near his principle town and seat of Government, her Maj'>' 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, & the last gain'd battle on y^ other, which 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 y^ Cheif Warriors, to be worn about their necks as 
a token, that they shall allwaies be in a readinesse to fight under her Banner against the 
common enemy 

The Sachims of y'^ 5 Nations were told that his Excellency had ordered them a live Bullock for 
each nation besides bread and otlier Provisions vv'^'' they might dispose of as they thought htt. 

The Presents that were given to the five nations were 

100 Fuzees 75 Shirts 

1000 lb Powder in Bags 25 Kitles 

2500 Flints 70 Hatchetts 

5 F' Strouds 25 lb Paint 

2JP^ Blankets 500 Bars of Lead 

2 P* Dufi'els 5 Gross of Tobacco Pipes 

20 Doz Knives 150 lbs Tobacco. 

50 Looking Glasses Rob' Livingston Sec"'^ for Indians AfFrs. 

Propositions made by His Excellency Rob" Hunter Esq'' Capt° Gen" & Gov"" 
in Cheiti'e of y*-' Provinces of New York & y*' Jerseys and vice admiral 
of y'' same, to y"" River Indians & Skaahkook Indians in Albany y"" 
17"' August 1710 

Present — Coll P Schuijler Coll. John Schuijler 

Coll K V Renselaer Itob' Livingstone Secry of y" Ind" affairs 


1 thank you for your kind congratulatory Proposition made me upon my arrivall, it shall 
not be want' in me to give you all encouragement Imaginable and I am directed by y'' great 
Queen of Great Britain my mistresse to assure you of her assistance & Protection so long as 
you shall behave your selves obedient and faithful servants, and be ready at all times to fight 
under her banner against the common enemy, and as a token of her iMajestys kindness to you for 
your past services to this Government and future incouragement she has sent a present with 
me to be delivered to you which you will now receive. 

I came up to Albany as soon as I could conveniently to renew y'' Covenant Chain, which I 
do now with you my (Jhildren, in y'' behalf of all her Majestys sulijects on y'^ north continent 
of America in the most solemn manner not doubting the Continuation of your fidelity and 
obedience w''' will ever be attended with a suitable Reward from nu^ and to remove your fear 
of y* Enemys annoying you, by being bare and uncovei'' in the place of your habitation at 
Skaahkook I will cause to built you a Stockado fort for y'' security and must exhort you to 


keep together and not to sufter }'■" people to straggle, but use all endeavours to encrease your 
number by perswading those tiiat have left you to return to their ancient habitations, you see 
the care Her lMaj'>' has of tliis Province by sending so many people with me to settle here, and 
y' more numerous her Subjects are, y* lesse you need to fear the incursions of y'= enemy 
however be watchful! and lett not y' French or their emissaries Lull you a sleep but 
be upon your Guard, for y* security of your wifes and children and not to go too farr a 
hunting, but be neer upon occassion there being already several! Troops come from great 
Brittain to Boston -by y' last Fleet, and more ships being expected we know not how soon 
there may be occasion of jnyning our Troops together 

I hear you have for y' present no more Sachims at Skaachkook but one the others being dead, 
I must recommend to you to nominate two other fitt persons for that Station and will confirm 
& ratify your choice provided they be fitt and qualified for that office 

The Present given to the River Indians was 
5 Fuzees 100 Bars of Lead 

1 p' Stroud 100 Flints 

G Blankets 20 Hatchatts 

^P'Duflels 2ilb Paint 

3 Doz K[n]ives 30 lb Tobacco 

S Kitles 1 Gros Pipes 

1 Barr" Powder in baggs Rob' Livingston 

Secry for Indian 

Answer of y^ Sachims of y" 5 Nations vizt Maquase, Oneydes, Onnondagues, 
Cayouges and Sinnekes to his Excellency Robert Hunter Capt" Gen" & 
governor in cheife of her .Majesties Provinces of New York New Jerseys &' 
in Albany the 19"" August 1710 

Present — Coll P Schuyler Rob' Livingston J"' Recorder 

Coll K V Renslaer Abrah: Cuyler '\ 

George Clerk Secry of y' Province Gert: Reeseboom \ Aldermen 
Evert Banker \ Abrah: Schuyler 

Hend: Hansen I Rob' Livingston Secry of Indian Affrs. 

Joh Schuyler ( Commissioners of 
Mynd Schuyler [ y* Indian Affairs 
P' Van Brugh 
Joh: Re^eboom 

Kaquendero Speaker 

Brother Corlaer 

We are glad that y*' great Queen of Great Brittain has been pleased to appoint a person 
whose character is not only to be a good man and a good Soldier to be Gov"" over y' Christians 
and Indians in this Country, we are very thankful to Her Majesty for her so good achoise, and 
doubt not shall live all happy under your administration 


You were pleased to say in your propositions, that you were glad to see so many of y' Sacliims 
of y^ five nations here, but we have more reason to rejoyce to see you safe come over to us 
after so long and dangerous a voyage 

Some of our Brethren have been lately in England & are now returned safe and altho' they 
were natives of the Mohogs nation yet we are as well satisfy'' as if there had been one from 
each of y^ five nations being all united, they have seen y" great Queen and her Court, & been 
very well treated for which we are very thankfull 

You thought it requisite as soon as possible to call us the 5 Nations together to renew the 
Covenant Chain w'='' was very grateful news to us all, being glad of the opportunity, W^"" 
ancient Cove"' Chain we renew most solemnly with all Her Majestys subjects on y^ North 
Contin' of America, assuring 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 y"^ Great Queen by those of our nation that have been lately 
in England concerning missionaries to be sent amongst us to instruct us in the Christian 
Religion, we approve of it very well and are very thankfull for y"^ oti'er, and not only be glad 
to see a Garrison of Soldiers planted in each of our Castles, w'^'' lye very nuich exposed to y"= 
Insults of y" enemy (by whom they are surrounded on all sides) but should be glad to have 
some of y' people to go along with us, now to begin to work which would be a great Security 
for our wifes and Children & should rejoice also to have missionaries there to instruct us in y* 
Religion & Worship of Jesus y'' son of God & Savior of y" world, but we know it cannot be 
had so suddenly since they must come from Great Brittain, but as soon as they can be got we 
hope you will make chappels for them, in each of our Castles where we will receave 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 y' 
French Intreagues 

We hope we iiave given Her Majesty & her Governors sutlicient Testimonys of y' Sincerity 
of our Intentions and of our AUegeance and fidelity and shall be willing to demonstrate it 
further in y" not receiving nor harbouring any of those dangerous people y* Jesuits in our 
Castles & shall discharge all our people from receiving them, but y* most effectual way to be 
rid of them is by planting Garrisons in our Castles, by building of Chappels and supplying y"" 
with missionaries and therefore y'' sooner that be put in execution the better especially y' 
Fortifying our Castles 

You are pleased to forwarn us not to fight against the Flattheads but to hunt neer at home 
and secure our wifes and children & to be ready on all occassions to go against y'^ Common 
Enemy in regard Her Maf has sent severall Troops by y'' last Fleet to Boston to act 
offensively against y' French, and more ships expected, by which we may have some news, 
we promise to obey your commands, and to be neer at home not knowing how soon there 
may be orders from y" Great Queen to joyn our forces together 

You are desirous to be informed how y° French Indians are disposed and what expedient 
we can propose to bring them off, the Brethren have often tryed that, we have tryed it likewise 
but found all means hitherto iniffectuall never the lesse we must not dispare but try again & 
we hope you will do y^ same. If peradventure we may prevail with them at last to come 
and live in the land of their nativity 

You are pleased to commend us for opening a path for y"" Dovraganhas and other farr 
Indians to come througii our countrey as far as Albany where Corlaer & Quieder dwells to 
trade w'''' we will be always willing to Incourage but y" brethren here can do more than we 


to promote that Trade and that is by giving good penny\yorths yea cheaper than we [liave] ■ 
ourselves, and y' will be an infallible way to draw them for we are used to buy dear y" 'J'radeis 
always alledging that Bever is a drugg 

The Great Queen of England has been pleased as a pledge of her Protection to send each 
of our nations a medall with her royall effigies on the one side and y"" last gained battle on 
the other w'^'' we have received with all y" satisfaction Imaginable and will keep them ever in 
our Castles, and bring y" same down w^hen any publick and solemn Conferences are to be held 
to shew y^ same, we are also very thankfuU for y" 20 peices of Silver, she has been pleased to 
send to each nation with her picture upon them, w'^'' our cheif Capt"" shall wear about their 
necks and shall always be ready to fight under her banner against y" Common enemy- 

We are sorry to hear such Complaints of our young people doii.g mischeif to y^ peoples 
cattle that live above Schinnectady, we shall endeav'' to prevent all such irregularities ibr y^ 
future as much as possible 

We have done with ansvrering your proposition except that part which relates to y French 
Agents y' have been lately in our Country w"^"" we will impart to your Excell"''' anon in y^ 
house, and so shall Conclude by praying your Excell^^ to interceed with her majesty tliat goods 
may be cheaper and bever dearer for y'' traders give so little that it is not worth y^ while to 
go a hunting for them & gave a few Bever & drest deer skins 

They gave 4 Bever skins to condole y*" death of ftP Lydius late minster of Albany who dyed 
last year.' 

A Sinneke Sachim stood up & said 

There was an intended expedition last year against Canada in which Leiu* Gerrit Luykasse 
happened to be killed in y' lake whose death they condole by giving a scalp & 4 Bear tSkiiis^ 

When y^ iSachims were come into y" house Kaquendero y" speak"' Proceeded making a long 
harrangue after y^ Indian manner when any repetition'is made, and said that Mons: Longuille 
& Jeunkeur &- some french which then had been in Onnondage lately, & proposed that they 
liad been informed by 2 Indians that were come from Albany y' the expedition against Canada 
would be revived and that y* Governor of New York had given y' hatchett into the hands of 
y^ five nations the said Messengers said they could not beleive it, but y"^ Governor of Canada 
could do no lesse than send them to enquire about y'' 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 [must] reject 
any such proposall, for that would be [y'"iluin &] the Ruin of your Childrens Children lelt the 
French and English that have had warr so long together let them fight But the Indians must silt 
still and be quiet and if you take up y' Hatchett ag" us the Governor of Canada doth acquaint 
you by us, that he is ready to come and rout y^ 5 nations, and will come like a Whirlwind 
among them and destroy them and all their accomplices Root and Branch nay he will leave off 
pursuing any other enemy and wholly send his force against y'' 5 Nations, therefore we exhort 
you to sitt still and not meddle with y' Warr in y' least 

He the said Sachim gave^y' French Messengers no other answer but [this] that they exhorted 
him to sitt [still] & be quiett as he exhorted them neither would they give any ans"" to that 
art'* relating to y'' Hatchet & so dismiss"^ y"" 

Rob. Livingstox secry for Indian affairs 

' who dyed this Winter, Copy in A'cw-York Colonial Manuscripts, LIV. "Beaver Skins. Ibid. 

^He said tlie Sachims gave <tc. Ibid. — Ed. 

Vol. V. 29 


Att a conference of y"" Commissioners of the Indian aliairs and y^ Sachims of y"" -3 Nations 
in Albany the VJ'" Aug. 1710 

Present — Kill van Schuyler ' Mynd: Schuyler 

Evert Banker Joh. Cuyler 

John Schuyler Joh. Reeseboom 

Rob' Livingstone Secry of y*" Indian affairs 

The Governor has desired us to acquaint you y' he lias received an account yesterday from 
new England y' y"" French Indians, continue to conimitt barbarities upon y" poor innocent 
people your Brethren in New England who are in y'' Covenant Chain, we are therefore 
desirous to know what expedient you^ian propose to prevent such Cruellies 

The Indians answer 

Brother Corlaer & Quieder 

We wre told after y*" propositions were over to day that y'" Sachims of each nation should 
meet y^ Ceni'"" this evening to consult about this importune affair, "viz what methods are to be 
taken to prevent the cruell barbarities committed by y" French Indians upon our Brethren of 
N^w En-land upon w'"'' we answer that y*' Uovernour of Canada doth not only committ y'' 
same upon our people year alter year, but setts the fiirr nations upon us, who destroy many of 
our people we have applyed to him with Belts of Wampum frequently but could never have 
any redress and about 3 or 4 years agoe we sent severall Sachims to (Canada to procure a 
cessation viilh the farr Indians, and he told us that it was not in his power to grant, but he 
would write to the French King his master and give us an answer. when the Strawberries 
were ripe next spring, but the Strawberries have been ripe over and over again and we could 
never gett an answer to this day therefore we must desire to be excused in this matter and 
referr the whole business to Corlaer meaning his Excelly the Governor to do therein what he 
shall think convenient, as for our parts we can do no more but what we have done and shall 
be glad to hear what conclusion the Brethren do take in this affair before we return to 
our Castles 

The Gent" told y*' Sachims they would acquaint his Excellency y'' Gov' with what they said 

and they should have an answer before their departure 

Rob' Livingstone Secry 

for y^ Indian Affairs 

Propositions made by y^ sachims of Oneyde to his Excelly Rob' Hunter Capt" 
Gen" & Gov'- in Cheif of N Yorke &."^ in Albany y' 20 August 1710 

Present — Coll P Schuyler Rob' Livingston Secry for y' Indian Affrs. 

Brother Corlaer & Quieder 

We are come to your Excellency to request y' we may have a Smith in our Country being 
resolved to build a Castie to preserve our wifes and Children from y*" Insults of the enemy, 

'KilL V. Renselaer. ^ew-Tork Colonial Manuscripts, LIV. "importent affair. J bid. — Ed. 


being situnte in a dangerous plnce wliere we are surrounded by the enemy on all bands, and 
when we are a building y" Castle witii Stockadas, if our Ilitclietis break it will be hard lo gett 
them mended, we therefore desire that your Excellency m ly lay it before the Assembly and 
that we may have an answer when the assembly breaks up, we propose to pay the Smiili for 
his labor as much as is paid by the Christians here to their Smiths, for whatever he does, 
we hope your Excellency will take our case into consideration, since we have alwaies shewn 
ourselves obedient to y' Commands of y'' Gov" of this Province, and shall alwaies be ready to 
obey what orders your exc"^ shall be pleased to injoyn, did give IS drest dear skins & one 
Bear Skin 

His Excellency told y"' that he had a particular regard fory' nation cf Oneyde whom he was 
informed by every body had always been ready and willing to obey what was command'' ihcm 
by this Province that all endeavors should be used to comply with their request, and to answer 
their expectation about a smith being settled in their Country either by y*" assembly or 
otherwise especially since they are going to build a new fort or Castle for the security of their 
Wifes and Children 

Rob' Livingstoxe Secry 
for y' Indian Affairs. 

Propositions made by y^ Maquese to His Excellency Robert Hunter Capt Gen" 
&<= the 20 August 1710 in Albany 

Pkesext — Coll P Schuyler Wynd Schuyler Rob' Livingstone Secry. 

Brother Corlaer 

There is something forgott in the publick Propositions yesterday which is this, when we 
were in England we proposed to y*' great Queen to have a minister for us Maquese in our 
Castles and the Queen was so gracious as to propose that we might have two, whereupon we 
were very thankfull and told Her Majesty if she were pleased to graunt two there was one 
ftp Freeman who had been minister of Schonnectady was well versed in their Language, and 
a proper person to instruct them in y* Christian Religion, and the Queen was pleased to 
approve of it, we do therefore pray that we may have him in y" 1st |)lace till y" other come 
from England and that he live [with us] at our Castle and not at Schinnectady nor Albany 

His Excellency answered 

That he is very willing if M'' Freeman can be prevailed withall that he should goe and instruct 
them in y* Christian Rjligion in their own Castles in y' Maquaese Contrey, and will promote 
his being Confirmed at home in that Station, so that nothing shall be wanting in him to 
incourage so good a work, that His P^xcellency had not received the necessary orders relating 
to missionaries as yet from England which he expected dayly, and as soon as he receives y' 
same will acquaint them therewith 

Rob' Levexstoxe Sec'^ 
for y' Indian AfTairs 


Albany the 20"" August 1710. The two Sachinis of SkaahUook waited upon !iis 
Excellency Rob' Hunter Capt" Gen" & Gov'' in cheiffe &c and sayd. 

Present — Coll P Schuyler Joh Schuyler 

Kill van Renslaer. Rob' Livingstone Secry. 

That they tliankt his Excellency for his care of their welfare that they had three old men, 
that were Sachims called Wallighkiawit [Catosauk] and Nawekatehum, butthatthey wanted two 
Capt"* to i)e added to Aspenot w*^"" they purpose may be Quinepan in the room of Wanneskackis 
that is dead and Patekoquasek in y' Room of his brother .Minuhque, which two Capt"' his 
Excely. was pleased to approve of, and hoped tliat they would be true and faithfid subjects to 
y* Queen & well afli?cted to this Government 

The said Sachims did thank his Excellency for his care in appointing a Stockado fort to be 
made at Skaahkook, w'^'" they hope will be a means to draw back their Indians to come and 
settle among them, they gave a string of wampum 

Rob' Livingstone Sec"' 
( Endorsed) Referred to in Coll for y*^ Indian Affairs 

Hunters Lre. of y' 
V"- May 1711. 

[At a meeting of the Commissioners of the Indian affaires in Albany y'^ 20 of August 1710. 

Present — Coll: P. Schuyler P'' V. Brugh 

Coll: Kil: Y : Renselaer Hend'' Hanse 

Ever' Banker Joh' Cuyler 

Joh* Schuyler Job' Roseboom 

Mynd' Schuyler 
May it please your Excell^ 

We the Commissioners of y' Indian affaires being convien'd by Y"" Excell'^'" order upon the 
subject matter of a letter y" Received this Evening signd by Coll : Dudley the Gov"" of 
Massachusetts bay and her Maj" officers in a Council of warr, whereby they Represent y^ 
mischeifi's done to her Maj"''' subjects in New England by 5 parties of Indians sent from 
quebeck & mont Royall at 5 severall places all att once at this juncture when they are Raising 
a thousand men for y" Expedition to Port Royall, whereby he is forced to Raise 500 men to 
secure y*' frontiers there, daring t!ie harvest, and tlierefore propose that y* niaquase and y* five 
Nations may be Entred in y^ Service concluding that if they had killed a few french men and 
disposed a few of their skouts on this side y* lake would prevent y"' march upon them — • 

We being heartily greevd att the Deplorable Condition of y^ poor Innocent people of y' 
Collony who are so barbarously murthred by those Cruel Inhuman Indians Salvages, have had 
y" matter under our serious Considerations & severall Conferences with Indians of the 5 Nations 
tiiereon, but cannot Possibly prevail with them, to use any other methods with the french of 
Canada their Indians to divert their arms from y' s^ Colony, then they will send some of their 
piincipall men to y" french Indians att Canada with belts of wampum, & particular Instructions 
to use their nttmost Endeavour to prevail with those Indians to for bar any further hostilityes 
on y' quarter, urging to them y'^ proposalls made to theniselfs or lately at onnondago by m' 
Louguellie and Jeunkeur from y* Gov'^ of Canada y' for y^ future y' Christians only should 


fight against Christians and also to remind y" s'' french Indians of their former promise to 
them to Stand Neutral! witii Respect to the Christians in N: England if y"" said messengers in 
their journey to Canada should happen to meet any partyes of french Indians going towards 
any of her Maj'" Plantations that they Endeavour to prevail with them to return to Canada 
& if they cannot to Send Emmediat notice to this Governm' all which we hope will have a 
very Good Effect, 

We take leave to Represent to Your Excell'^ y' there being Neither Money in the Treasury 
to Maintain the warr Nor arms or araunition suthcient even for the Defence of y* fronteers 
(occasiond by a late Intended Expedition against Canada) we cannot suppose it adviseable for 
y'' Excell"^^ to Enter into any Extraordinary Measures y' may draw an Inevitable Expence upon 
this province unless y^ Assembly were now sitting and a quorum of Councell there present 
with whom an affair of this high nature may be conserted 

Signd P"' ScHuvLER 

K : V. Renselaer 
Mynd* Schuyler 
Jo. Schuyler 
E : Banker 
P' V. Brugh 
JoHs. Roseboom 
H: Hansen 
ISIemorandum Albany 21*' of August 1710 

There was given to y* Sachims of the 5 Nations in private presents to Engage to be true to 
her Maj'" Interest, by his Excell-^y Robt hunter Cap' Gen" & Gov"' in Cheif, &c 9G Knives, 12 
gunns 28 baggs of Powder 25 blanketts 17 faddom of Strouds 27 fad™ of Duffels 14 Shirts 
22 Stroudwater stockings 3 Kitles 45 hatchetts &^ 

To y"' Sachims of y" River Indians Privately S Knives 1 gunn 2 bags of Powder S blanketts 
1 fad: of Strouds 9 fad : of Duffels 3 Shirts 2 pare of Strouds stockings and 3 hatchetts. 

A True Copy Examined 
by Philip Livingston 

D Seer: of the Ind: 
Afl'airs] ' 

Governor Hunter to the Commissioners of Chistoms. 

[ New-York Papers ; Aa., No. 8G. ] 


I should have very little to trouble you with at this time did not M'' Birchfield the Surveyor 
Gen" of the Customs here lay me under a necessity of making a representation of some things 
that have occasioned Complaint to me and great uneasiness to the Merchants of this place and 
two Captains of Privateer Vessells who have brought us hither by my encouragement a large 
ship laden with Cocoa 

' The document and words within iM-ackets are from the oriirinal Record at Albany, in New ■ York Colonial Manuscripla, LIV. 
" Eeeseboom " ought to be spelled, throughout, Roseboom ; the name is, however, given as found in the London copy. — Ed. 


The Cnse stands tliiis. In Se|il('iril)er Inst the cnptors broiiglit in the vessell upon my 
promise that no injuiy or hardsiiip sliould i)e otlered them, the Collector agreed to the 
unloading the Vessell after condemnation putting the ettects into safe store houses under lock 
& key in his possession for securing the (Queen's dutys condesceniling to iett them sell from 
time to time wliat they coidd paying the dutys as they sold. The I'rice run very low upon a 
supposition they must be under a necessity of paying the duty forthwith, and to extricate 
themselves so soon as possible from the prejudice this notion did them they agreed to sell 
M'' de Lancey Six thousand pounds worth, whilst the bargain was making M' LSirchfeild for his 
private lucre tryed to prevail on iM' de Lancey to tell him the most he would give, saying he 
would make the bargain for him, and what he could get it for lesse, should he to his own 
advantage, urging that it would he no loss to M'" De Lancey. But he being unwilling either 
to trust or make use of M'' Birchfeild in a matter of this concern, and apprehending the ill 
consequences that an oflicers authority might have over tliese Captors who were strangers and 
the disreputation it would bring on the Port refused to hearken to the proposalls, and bought 
it himself. The dutys by this means being secured, the Price of Cocoa increased which M" 
Birchfeild perceiving and foreseeing a greater rise of it agreed without the Captains knowledge 
with their factors for a thousand or fifteen Hund'' pounds worth of Cocoa, at the same price 
that M"' De Lancey liad it, which when the Captains came to understand they were very much 
dissatisfyed, uot being willing to purchase at their losse the Surveyor's future favour to their 
factors, but upon some entreatys and an apprehension of his I'ower and in consideration the 
whole sume was to be accounted for dutys, for it was not then all paid they consented, and 
accordingly went to deliver the Cocoa, but the Searcher and Custome house waiter who were 
there to receive it for M' Birchfield, insisting to take it some in one place some in another as 
they pleased. The Captains would by no means agree to it, whereupon M' Birchfield arrested 
the Factors, in an Action of three thousand pounds. And when the Privateers came afterwards 
to demand a Survey for such part as was not before surveyed. iNP Davis the Searcher (in the 
absence of the Surveyor v\ho was then at Boston) refused it upon any other conditions then 
their consent^ to let M' Birchfield have the Cocoa on the Termes aforementioned, saying 
if they would that he would make all other matters easy, and they should have a survey. But 
they refusing to do that and insisting on a survey as a matter of Right were forced to send 
into the Countrey for the Comptroller. How far they were intituled to a survey, I can't tell, 
I beleive they had but little right to ask it. But if they could have complyed with 
]\r Birchfields demands they might have had it, to clear some of these things see the Captains 
petition — iN" 1 

I cannot sufficiently express to you the Resentment of the trading men as well as these 
Privateer Captains, of this Treatment and way of managery, but you will easily perceive the 
disadvantages her Majesty's Interests and the Ports which this Centleman superintends lye 
under from the self interest & disengenuous bye ends of such an officer. I'm too much 
perswadcd of your concern for both to doubt your particular notice of it, wee have but little 
Trade left and I fear we shall loose that if this gentleman does not use a more prudent conduct 

The next thing I shall take notice of to you is this. 

In the year 1709 the Assembly of this Province past an Act for regulating the fees of all 
the officers in it which Her Majesty thought fit to reject, and to give me her commands to 
establish them with the advice of the Council which I have done, some of the Custom House 


Officers wliilst this ordnanance was prepnr^ tlionght themselves agreived, and petioned me in 
Council for Redress, but the Counc' being of opinion that the Fees before taken were 
exiiorbitant and having observed their Home trade mnch discouraged thought it for Her 
Majesty's Interest, to pass it in the manner it now is which see N° 2 Sometime after the 
passing it I went to meet the Assembly of New Jersey where I received a letter from 
M' Birchfield iN° 3 To which I returned iiim an answer N° 4 So soon as I came back I gave 
copies of both letters, and the ordnance to M' Jamison her Majestys Cheif Justice of New 
Jersey who is not of the Council here, and had no hand in the ordinance for his thoughts 
upon the whole which I send you N" 5 

I am sensible the Fees of all the officers are reduced too low but the Council not being of 
that opinion I was forc't to pass it in this manner or to leave the officers without a legal 
authority to demand any and thereby not obey the Queens commands But you will see by 
this opinion of M'' Jamisons how little weight M"" Birchfields objections have, which if they 
had any I gave their full force by my answer to his letter, wherein I told him the officers were 
safe, and much in the right not to Comply with the ordnance if there were anything therein 
repugnant to the Laws of Trade, wherein I must further observe that this method of one entry 
for the Inland Trade is as I am told agreeable to the former practice of this Port 

An other thing I shall take notice of to you is M' Birchfeilds suspending M' Farmer from 
his Collectors office at Amboy in New Jersey the sole reason seems to be his non residing and 
the delay vessells were put to by that means: this is in some measure true but Capt° Farmer did 
not live for some time at Amboy. But [it] is likewise true that at the time of his suspension and 
for some months before, he lived there with his family and if its allowable to a Collector to 
live out of his Port iNP Farmer had the best reason to expect it of any man for his House on 
Staten Island in the Province of New York is directly opposite to Amboy, from which Port no 
vessell can goe or come into without his seeing it, but to take away all occassion of complaint 
he appointed a Deputy at Aml)oy who duly attended there, but you will perceive by the 
Affidavits and representation to M' Birchfeild where the complaint is of his not attending, that 
little or no notice is taken of any enquiry being made after his deputy 

The truth of the matter I take to be thus: M'' Birchfeild having (as I am credibly informed) 
promised this office to M" Swift even before he had seen IVP Farmer or been at Amboy, was 
resolved to make room for him on any pretence, or he would never have displaced INP Farmer, 
for not living in Amboy and put in M' Swift a Tavern keeper in New York, where he lives 
with his family and indeed very seldom leaves it to attend his duty at Amboy which is near 
forty miles from his habitation 

Had M'' Swift been in Commission and been suspended to make room for M'' Farmer t'would 
have been much less surprizing the latter being a gentleman of honesty and very good capacity 
for that imploy. The former a Tavern keeper of no good reputation but on the contrary 
blackened with the imputation and violent presumption of crimes not fit to be mentioned 

I am very unwilling to give you the trouble of a Recommendation but the good service 
IVP Farmer has done Her Majesty in the Assembly of Jersey being a principal instrument in 
settling a support for the Government and promote her interest in what ever else came before 
their house, deserves some notice 

I heartily wish I had as good reason to speak well of M'' Birchfeild, whose office if rightly 
administred leads him to do a world of good, but I have too good cause to say, the use he has 
made of it has had very pernicious effects. Merchants by his behaviour and passionate desire 


of gain are discouraged, officers wliom he tells he ought to go equal shares with in the 
perquisits of their places are made very uneasy, and in short whatever he has any influence 
in has a very ill aspect, I vpish he would take example by Coll Quary. 

I send you the account of Entrys, Registers &■= of vessells and Goods in this Port & am 

Gentlemen Sc'^ 

New York May 7. 1711. Ro : Huxter. 

CcqMins Pinhetliman and Ilarvhall to Governor Hunter. 

[ No. 1. ] 

To His Excellency Robert Hunter Esq" Capt" Gen" and Governor in Cheif of the 
Provinces of New York and Nova Caasarea & the territories depending thereon in 
America and Vice Adniirall of y" Same. 

The Humble Peticon of Capt" Charles Pinhetliman Commander of y' Ketch 
Samuel & Capt" John Marshall Coman'*'' of the Sloop Kingston two private 
shipps of Warr. 


Unto your ExcelK^ that in y' month of Sepf last anno 1710 they did bring into y^ Port of 
New York a large Prize Ship called the Sto Christo del Burgo loaded with Coccoa being very leaky 
and had her condemned in y= Court of Vice Admiralty and after condenacion landedin to severall 
Storehouses 257 Tons of Coccoa most of it merchantable besides baggs much damnified 

surveyed upon y^ wharfe and about 12 or 14 Tunns left on board y" Hull wholly dampnified 

The Coccoa being landed Thomas Byerly Esq" her Matyes Collecf did acquaint y^ peticioner 
of a duty arising upon the said Coccoa to y^ Queen of two pence proclamacon money for each 
pound w" and of two and one half per Cent on each Hundred by sundry Statutes putting his 
own locks upon y" warehouses keeping his own keys 

That y"" Petitioners did appoint M'' William Glen Crosse and M' John Cholwell merch" their 
agents to be assisting to them in y= sale of their Cargoe 

That y' said Collector did agree with them to let them sell to Capt" Robinson Command'^ of 
Her Maf* Ship y^ Bedford man of war then in this Harbour twelve thousand weight of said 
Cocoa in favour whereof he took security for paym' of the Queens dutys thereof which was 
afterwards paid 

That being sensible of their disability to pay y^ whole dutys before sale made y'' said 
Collector did agree to receive y'' duty from them as they sliould sell y" Cocoa upon which 
contract some small part was sold 

But soon after the Collector receded from this agreement and prohibited any further sale 
untill y^ whole duty of all y^ Cargoe should be fully paid which happened after Capt" Pinhethman 
had refused to let Maurice Birchfeild Esq" Her Ma'^' Surveyor Gen" have Coccoa toy* value of 
.£1000 at an under rate for his own use, and y'' said Collector told that he had M' Burchfeilds 
order not to permitt further sale of y" Cocoa untill duty shall be paid for y' whole which 


subjected them to y' necessity of selling to M'' Stephen Delancey an able Merchant in New York 
Cocoa to y« value of =£6000 at a low price & other disadvantages having sold that quantity at 3 
pounds five shillings p' Hun"* money at eight shilling p'" ounce to be at y" charge of baggs 
& casks. 

That before this quantity was delivered y^ Petitioners came to understand that ftr Burchfeild 
had treated and bargained with M'' Cholwell for cocoa to y" value of ^£1500 for his own use at 
the same rate as was sold to M' Delancey which agreement being only paroll w"'out writing 
peice of money, or part of y" goods delivered on either side to bind y^ bargain y^ Petitioners 
did disagree from it at which M"^ Burchfeild was much offended, but to make themselves easy 
were consenting to let him have it provided he would take it as it came out without picking & 
chusing which did not at all content him 

That after y= Queens dutys were fully paid & satisfied for y* whole, some of y*^ officers of y^ 
Custome House denyed and evaded to let him have a Survey of y"" residue which did retard 
their making a division & sale of y* residue 

That M"' William Davis y* Searcher toldCapt" Pinhethman that if he would left M'' Burchfeild 
have cocoa to the value of i:i500 all things might go easy and they should have a survey made 
v!"^ not being granted he often did refuse to attend the Collector whereupon y* Petitioners sent 
an express to the Town of Jamaica on long Island for M' Carter y" Comptroller who came to 
town on purpose when he came first he shewed some unwillingness but soon after proceeded 
to Act with M" Byerly in accompanying j" Surveyors whereupon y^ Petitioners after long 
delays are now proceeding to divide and sell y"" Currant Markett Prise of Cocoa being ^£3.15: 
p' hundred 

The Petitioners do further shew y' M' Burchtield Her Majesty's Surveyor Gen" has cause to 
be arrested at his own suite M' William Glen Crosse & M'' John Cholwell their s"" Agents in an 
accon upon y= case on an assumption for ,£3000 damages who have given Bail for their 
appearance at y* next supream Court on y' second Tuesday of Marcli instant to his accon 

The Petitioners conceiving themselves injured in this respect by M"' Burchfeild & some 
officers of y' Custome House under his influence y* survey of y* Goods not being ended nor 
returned & y" drawback ascertained & paid and also apprehensive of further hardships and 
difficulties to be put upon them are therefore become humble suppliants to your Excellency 

May it please y'' Excellency 

To examine into y^ truth of their allegacons and in your great prudence and moderation to 
give such orders and directions in the susequent Proceedings in their affair as maybe agreeable 
to jaistice and equity that they may have a fair return made of y' Survey & y^ Drawback fully 
paid them and that they be not unjustly & vexatiously delayed & molested for y^ future in their 
lawful businesse y"^ Petitioners as in duty bound shall ever pray Sc"^ 

-Cha Pinhetham 

March 2°<» 1710. Jno Marshall 

Vol. V. 30 


Mr. Bir oilfield to Governor Hunter. 

[ No. 3. ] 

New York 23'^ Dec'" 1710. 

Your excellency having been pleased by an order in Councill to direct that no vessell or 
vessells, trading within the Province of New York and as far as East Jersey, within 
Sandy Hook shall pay or be obliged to pay any fee, or reward, for entering or clearing, the officers 
of the Customs are ready to shew an obedience to it, not but that they conceive themselves 
more than a little discouraged, that they must attend those necessary parts of their duty, 
without any allowance or consideration, it being a thing perfectly Newture,' & I beleive y' 
Practise of no Port wiiatsoever, but as to the other Command in your excellcys ord"" that one 
general! entry of all goods shipp't on board, to be taken from the masters report shall be 
sufficient, this with submission is directly contrary and repugnant to y"" Acts of Trade, & not 
in y"" Power of y'^ officers to comply with, who hLimbly [)resume that the formes & manner of 
their duty & proceedings are fully explained by y'' Laws of Trade, & Navigation, and that they 
are obliged to conform to them 

When I have the honor to kiss your Excellencys hands, I shall inform you a multitude of 
evells that attend your order, and before I am so happy, give me leave sir, to recommend the 
support of y^ Officers of y'' Customes (in respect of their Fees) to y'' favor and Consideration, 
as an affair that will tend much to the improvement of Trade and the good of her 
Maj^^ service 

I am with due regard 
yr Exc'" 

very obedient and 

humble Servant 


Governor Hunter to Mr. Blrchfield. 

[No. 4.] 


1 had the fiivor of yours by M"" Swift, whom I have qualified as you desire I wish for your 
sake he may have all other qualifications requisite but that's not my businesse and I love not to 
be meddling in other. mens 

If there be any thing in the ordinance repugnant to any Laws of England the Officers are 
very safe and much in the right if they do not comply with it, for that can be no other than a 
mistake in such of the Councill some of them learned in the Laws who had y" care of forming it, 
you had obliged me more had you told me to what Law it was repugnant, because I am now 
forced to trouble others to inspect all y^ Laws of Trade for that purpose, if it is found so it 
shall be rectified. But I find it is the ordinance itself you are angry at, I know there is a sett 

' New to me 1 — Ed. 


of men who are so but I must acquaint you for y'' better information that it is no private orc^"" of 
mine but an ordinance past in Councill by her Maj'^' special order to assert her right which 
some would have invaded 

Ye Officers of y' Customes shall have all necessary protection & encouragement from me in 
the execution of their office & duty I find you have taken it into your head to be very angry, 
I protest I know no reason for't for I never did you any injury that 1 know of & am far from 

apprehending any from you, being sincerely 


Your very liumble 


Burlington Dec 5. 1710. Ro: PIunter. 

Chief Justice Jamison''s opinion respecting the application of the Acts of Trade to the 
Commerce hetween Nexo -Yorh and New Jersey^ cC'C. 

[No. 5.] 

14 K. C II Cha 11. 

An Act for preventing frauds and regulating abuse in his Majesties Customes. 

This Statute subjects all ships or vessells coming from beyond Seas & bound beyond Seas or 
into the Kingdom of Scotlande & their masters, Commanders & ladings unto certain Rules 
visitacons searches penalties & forfeitures as to the entring lading "or discharging their Siiips 
and Ladings 

This statute does likewise enact rules & orders for the regulating & transportation of goods 
wares and merchandizes by open sea from one part or Creeke of England to another port 
creeke or member of England Dominion of Wales or Town of Berwick under severall 
Penalties and forfeitures 

This Statute doth provide that no persons employed about y* customs shall demand nor 
take any more than y*^ Fees due by law but does not e.xpresse what these are 

T^ & S'" K W 

An Act for preventing frauds and regulating abuses in y' Plantacon Trade 

Amongst other things this Statute does enact that all shipps coming into or going out of any of 
the plantacons & lading or unlading any goods or comodities and their masters or Commanders & 
their Ladings shall be subject and jyable to the same rules visitations, searches, penaltys & 
forfeitures as to y"' entring lading or discharging their respective ships & ladings as ships and 
their ladings & the Commaixders & masters of Ships are lyable unto in England by virtue of 
the said Statute of the li'"" K C 2"* And that the Officers for collecting & managing his, 
Majestys Revenue & inspecting the Plantacon Trade in any of the said Plantacons shall have, 
the same powers & authorityes for visiting & searching of Ships and takeing their Entries and 
for eeizing and securing or bringing on shoare any of y* Goods prohibited to be imported or 


exported into or out of any of y* s'' Plantacons or for vvliich any dutys are payable or ought 
to have been paid as are provided for y*" officers of the Custonies in England by y"" same 
statute of y' 14 of K C 2" &^ Cut I do not find that the Statute of the 7 & S"^ K. W. 
enacts tliose rules and ord"' for the regulating the transportacon of Goods Merchandizes & 
Wares by open sea from one port creek. or member of England to another Port Creek or 
member of England Dominion of Wales and Town of Berwick upon Tweed to be in force in 
the Plantacons 

On the contrary it is provided therein that nothing in that Stat"" shall be construed to require 
y*" registring any tisher boats, hoys, lighters barges or any open boats or other Vessells (tho 
English or Plantacon built) whose navigation is confined to tbe rivers or costes of the same 
Plantation or place where tiiey trade respectively, but only of such of them as crosse the seas 
to or from any of the Lands Islands Places or Territories or from one Plantacon to another 

1 do not lind that y' Statute of the 14"" of K. C. 2"^ directs any other or more entryes to be 
made of vessells inwards or outwards bound than one w*^"" is to be made by the Commander 
Master or Purser upon oath of the burthen contents and lading with y"" particular marks 
Numbers quality and contents of every parcell of Goods therein laden to the best of his knowledge 
also where and in what Port she took in her lading & of what countrey built how manned & who 
was master during y* voyage & who are owners tbereof if inwards bound on the penalty of ^100 
& if outwards bound to enter the vessell before they take in any goods with the name of tbe 
Captain or Masf y* ships burthen y« number of Gunns &- Ammunition she carryes and to 
what Port or Place she intends And before they depart shall give unto the officer of y» 
Customes a Content in writeiug under his or their hands of the names of every merchant 
person or persons that have laden goods or Merchandize with y'' marks & numbers of such 
goods & merchandize & answer to y* same upon oath on the like Penalty of .^.'lOO. 

12 C 2 C 13 C: 2'^ 

There are other Statutes that do enforce entrys to be made by every particular merchant 
of his particular Goods that are customable outwards or inwards. All that I find said of these 
particular entryes in this statute of the 14"* K. C. 2. is in the 10"" paragraph Where fore 
preventing of Frauds in coloring Strangers goods every merchant or other passing any goods 
wares or Merchandizes inwards or outwards shall by himself or his known Servants, factor or 
agent subscribe one of his bills of Entry with y*' mark number & contents of every percell of 
such goods as are rated to pay by the weight without which y' officers of y^ Customes shall 
not suil'er any entry to passe. And that no children of Aliens und"' y^ age of twenty one 
years be permitted to [be] traders or any goods or Merchandize to be entered in their names 

1 do understand that the Proviso in y* ordnance for regulation of flees w'^'' that Gent, divides 
into two commands being one entire paragraph to relate to y" same thing that is to Vessells 
trading within y'^ Province and as far as East Jersey within Sandy hook w'^'' are to pay nothing 
for entring & clearing & one Gen" entry to he taken from y' Masters report 

The Rivers within Sandy hook make the division of the Province of New York from that of 
East Jersey New York being on the East side and the other on the West side and those Rivers 
are passable and passed over day and night by Canoes and all other small vessells nay, 
many times in the winter season the Rivers are so bound up with ice that waggons horse & 
foot can pass over with safely & ease. And unless it were agreed that the passing over from 
New York to the Jersey or from East Jersey to New York in other vessells than ships were 


meant by the 7"" & 8"' of K. W. to be under y"" same Rules visitations searches Penalties & 
forfeitures as to y' entring lading or discharging their ships coming into or going out of any of 
the Plantacons. I do not perceive a repugnancy in that Proviso to y* Acts of Trade 

It is likewise enacted in & by 7 & 8 of K. W. that all Laws by Laws usages or customes at 
that time or W"" should be thereafter in practice or endeavored or pretended to be of force & 
Practice in any of y* said Plantacons w'='' are in any ways repugn' to y'= Laws menconed in y'' 
s"* Statute 7. & 8. of K. W. so far as they do relate to y^ said Plantacons or any of them or 
w'"" are any ways repugn' to that Act or to any other Law thereafter to be made in Engl"* so 
far as such Law shall relate to & mention y' s"* Plantacons are illegall null & void to all intents 
and purposes whatsoever. 

Secretarij Clarice to the Lords of Trade. 

[New- York Entries, H. 893.] 

To the R' Hon*"'* the Lords Commiss''' for Trade & Plantations. 

My Lords 

His Excellency Collonel Hunter being called on by the season of the year to set the 
Palatines to work on preparing the Pine Trees, left me his commands in case he should not 
return before this Packet sailed to acquaint Your Lordships that he is upon that service, 
desirous by his presence to encourage and to be a witness to their first labours. 

He has also commanded me to inform your Lordships of some other things relating to 
this Government. 

The Assembly being dissolved as his Excellency told your Lordships in his Letter of the 
seventh Instant, a Duplicate whereof I do myself the honour to inclose. He did with the first 
convenience after, by the Council's advice, issue Writts for the Elect" of another to meet the 
twentyeth of June next ; There's but little hopes of such an alteration by this new choice as 
may make a Majority of sober and considerate men who weighing the circumstances of Her 
Majesty's Government with honest and dutiful! minds may again settle the Revenue for its 
support, howev'" his Excellency is resolv'd to leave no means unattempted, and the Country 
no excuse. 

Our affairs with the Indians have at this time likewise a very ill aspect. The Govern"' of 
Canada has lately sent to our five nations some officers and soldiers with a large present, who 
after having assembled and made several propositions to them, give them the Present to the 
Value of about six hundred pounds mostly in ammunition, all which your Lordships will see 
more particularly in the two papers mark't J: A: 

So soon as his Excellency had notice that these French officers were at Onnondage, he 
dispached Colonel Schuyler thither with Instructions what to negotiate with the Indians, but 
has yet received no account from him. Your Lordships will perceive the French are building 
a Fortification at Onondage by their permission, which I fear is only a begining for more. 
The neutrality that has been observed between them this warr, has given our enemy the 
opportunity of corrupting our Indians, and the country seem generally averse to a Rupture 


between tlieni, niicl ratlier tliiin be at tlie Expence of siijiplyiiig them with Amunition in snch 
a Case and defending their Frontiers, wliieh nnist necessarily follow, choose to sit contented 
under this precarious security. Without even so much as raising any money for presents to 
such of the Indians whose fidelity may deserve them, and the Presents his Excellency brought 
with him being almost disposed of that v.'<\y, and for S[)ys last winter (for whom the Assembly^ 
made no provision) there's now nothing left to trust to but the Faith of these Salvages, and how 
much that is shaken already is but to evident from these Proceedings. 

His Excellency having appointed a Committee of the Council to digest the table of 1693 
and the Ordnance past bj' him in Council, into such a method as the difference between them 
might be observed, they met upon it, but finding it impracticable by reason of the deficiency 
of so many necessary articles in the first, and besides never having had it under their 
consideration, and for that reason too, tho' they perused it, made their Report to his 
Excellency, a Coppy of which, with the Paj)ers therein referr'd to, your Lordships will 
herewith receive, mark't C. R. 

The Fees of all the Officers as well as the Practicers of the Law, are, by this Ordinance, 
Reduced to Law,' but the Council could not be brought to make them higher, so his 
Excellency was obliged to establish them as the}' are, or not at all. 

Your Lordships will, I hope, pardon me for giving you this trouble, and permit me to 
subscribe myself with the greatest honour and regard. My Lords, Your Lordships most 

New York humble, aud most obedient Servant 

May 28'" 1711 Geo: Clarke 

iSccretary Clarhe to the Zoi'dv of Trade. 

[ New- York Enlrics, U. 4n2. ] 

To the R' Hon'''' the Lords Commiss" for Trade and J'lantations. 

My Lords 

I have said nothing more of the Palatines in my other letter then that His Excellency was 
gone up to set them to work on preparing the Pine Trees, not having then received any clear 
account of their deportment, but since I closed that I have had one full and particular which 
it will require more time to give it your Lordships, especially at length & with the Copys of 
some Papers requisite to a thorough prospect of their proceedings than I now have, for I 
expect to be called on every minute, for this however I will endeavour to be as particular as 
1 can now. 

About a fortnight agoe his Excellency having received information from their Overseers and 
other Officers, that these people had taken a resolution neither to work in making Pitch 
and Tarr nor to remain on the land theyare settled upon for that purpose, buteven byforce if they 
could not otherwise effect it, to remove to Schohary (a Tract of resumed Lands) and that 
they had actually hindred the Surveyors from laying out more Lots to them strengthening each 

' too Low J — Ed. 


other in these Resolutions by a secret association, his Excellency was forced to send for a 
Detachment of sixty from the Garrison of Albany to meet him at the Manor of Levingston 
which is about two miles from their settlement on the West Side of the River so soon as his 
Excellency arrived there he sent to all the villages on that side of the River to know how they 
dared disobey his orders and hinder the Surveyors and other Officers to do their duty. 

By their Deputys they returned for answer, that when the Surveyors came to lay out the 
land, the People called them out, told tiiem 'twas worth nothing, they would have no more, so 
tliat it 'twas needless to survey it & that they would have the lands of Schohary which the 
Queen had ordered them by their contract. 

His Excellency replyed that he had often told them that if any man by chance had a bad 
lott, the Surveyors, on application would lay him out another, as they were ordered, that those 
who had cleared what was given tliem might, upon application to the Surveyors, have more, 
and if what he had already purchased was not sufficient he would purchase more, provided it 
lay on the River, and near the Pines, that .they niigiit ftbllow the manufacture that they were 
destin'd for and obliged to by their contract. That as to the lands of Scohary its the malice 
of those who would have them for their slaves that put them on demanding it, for that those 
lands the Indians had not yet parted with, nor were they fit for their labour, no Pine being 
within twenty miles of it, that it would be impossible to subsist them there, or defend them 
against y^ French and French Indians, and besides they had obliged themselves to settle on 
such lands, as he should assign them, arid then desired their final answer, which was that they 
would have the lands appointed them by the Queen ; Whereup" his Excellency, in writing, 
told them that since neither their duty allegiance or regard to Her Majesty's unparallelled 
charity and goodness in taking them up, and providing for them when they were starving, and 
abandon'd by all y° world besides, had been of any force to keep y" within the bounds of their 
duty, and since they had no regard to a solemn contract signed by them he was come to 
require and enforce the execution of it, Copys and Translations of which they had in their 
own language. Then his Excell'^'' desired that what passed between them, Copies whereof 
were then given y", might be communicated to the people, and their last resolution and final 
answer the next day at four in the evening. 

A few Minutes after the Deputys were gone his Excellency was inform'd that a body of three 
or four hundred of them were then passing the brook, the Deputys, among whom were the 
Captains, returned to him and in appearance seemed softened, and then went to the people who 
were drawn up in the hill above the House, towards whom his Excellency marching with the 
detachment, one of the Comissarys who had been with them told him they wanted to pay 
their compliment to him, so his Excellency walk'd up to them, and ask'd them what they 
meant by appearing in arms, they told him what they had told the Comissarys, whereupon his 
Excell"'^ ordered them home to their habitations, and being gone about a mile they discharged 
all their Firelocks, but their saying they came to pay their Compliment was only a Pretence, 
for they told two of their Officers, as they were going home, that they came to releive their 
Deputys in case they had been confined. 

The next day the Deputys came according to order with their answer, which begins indeed 
with a desire that his Excellency would assist them, that they may be settled in the lands of 
Scohary, but they soon forget that humble stile, and told his Excellency they had rather lose 
their lives immediatly than remain where they are, that they are cheated by the contract, it 
not being the same that was read to them in Engl"*, there they say it run thus, that seven 


years after they liad had forty acres ahead given them, they were to repay the Queen by Hemp, 
Mast Trees, Tar and Pitch or any thing else, so tiiat it may he no damage to any man in his 
Family. Upon tliese terms they will perform the contract, but to be forced by another 
contract to remain on these lands all their lives, and work for her Majesty for the Ship's use, 
that they will never doe, what does it signify they say to promise them this laud, that they 
shall make Pitch & Tar, They will be obedient to the Queen but they will have the promise 
kep't, that M"' Cast read to them in High Dutch in England, and upon that land which was 
promised them they will be there and, if they cannot, they desire three or four men may goe 
for England, and lay their case before the Queen, they say likewise there are a great many 
things promised them, as clothing, household goods, working Tools, w"^"" they desire to have ; 
They say further their people dye for want of care and proper remedys and desire money to 
subsist themselves, and lastly they say that M"' Cast told them he'd make them slaves, and 
therefore desire his Excellency to appoint another in his room. 

Whilst his Excellency was talking with the Deputys he received Information that there was 
a great body of men in arms on the other side of the Brook, and having by that time a 
reinforcement of Seventy men more, he marched the detachment immediately and passed the 
Brook, the Palatines were run home to their houses. His Excellency marched to the first 
Village and ordered them to bring in all their Arms, which they did immediately except a few; 
He could go no farther that night but the next morning march'd to y* other three Villages on 
the same side of the River and disarmed them all, and then returning to M" Livingston sent 
orders to the Villages on the other side to bring in their arms that day to the Store house to be 
transported to him, which I believe they have done, if they refused His Excellency in case of 
necessity had sloops ready to transport the Detachment thither. 

Its hardly credible that men who reap so great a benefit as they doe by these people, not 
only by the consumption of their Provisions, but by the increase of strength, should yet be so 
malicious to possess them with notions so injurious to themselves & prejudicial to 
Her Majesty's Interest, but yet it is so, and I believe almost the only cause of their present 
discontents, the Laud they live on isgenerally good, producing so great a crop that those Farmers 
and men of skill in husbandry who are honest enough to wish success to these peoples labours 
wonder how they could be wrought upon to complain of it, but great pains have been taken to 
magnify the goodness of that at Scohary above this, and to perswade them that, if they once 
settle where they are, their is no prospect of their ever removeing, but if they refuse to doe 
that and insist on their being planted on the other, the Gov' must give way to it, and by these 
means it is that they are arrived to this pitch of disobedience which I hope will wear off now 
they are disarmed of their Firelocks, the power by which they hoped to force a compliance to 
their unreasonable humours. 

His Excellency has published a Declaration revoking all military Commission and putting 
them intirely under the command of their overseers and Directors, as the Queen's hired Serv" 
and all the good people amongst them who have been meerly misled and fright'ned by the 
turbulent to join in these tumults, are better satisfyed with that rule of Government. 

Whatsoever else they complaine of I dare be bold to affirm, there are not many Planters in 
the Province so happy, so healthfuU and so well cloth'd as they, nor could it well be otherwise 
considering how well they have been used, they have by their own choice three flesh and four 
flower days a Week, a pound of beef a head or equivalent in pork and pease, as long as they 
lik'd them, besides three quarters of a pound of the finest, or a pound of the coarser sort, of 


bread, which they please, and as good Beer as any man in the Province drinks of at liis table ; 
of flow"' tiiey have a pound a head, with bread and beer; there is not one of their honses that 
is not hung round with Provisions and as to their clothing every one has had of Shoes, Stocking, 
Kerseys, Shaggs, and other sort of Woollen, such a quantity last winter as their occasions 
required, and now against the summer a sufficient quantity of liiuien, the remainder is kept for 
their use to supply them as they want, which l)y sucii management will goe twice as far as by 
making one general distribution of the whole ; of Tools they have had as many as they want, 
and a great many more have been made for them here, as particularly two hundred barking 
irons; as to their dying indeed, many did at their first coming, tiio none for want of care or 
proper Applications, but by diseases contracted on board, since they have heen planted in tiie 
country they have had as good a share of health as any people in the world, hut all sickness 
was likewise provided against there by Doctors & Medicines, the vi'ant of any thing I am sure 
is no cause of their turbulent behaviour, whatever the care and plenty they have lived in is. 

The 24"' Ins' iVP Sacket, who has been acquainted with the methods of preparing the Trees, 
was to visit the Woods in order to divide the work amongst tlie people and then to teach liie 
overseers how to bark the Trees, that they may instruct the people, so that now I suppose 
they are all at work, and his Excellency has great hopes for tiiorough reformation. M'' Bridger 
has given over all thoughts of attending this work on any other consideration then that of being 
hired to it, his Excellency wrote to him to tell him the season of the year approach'd and that 
it was high time he should be here, he answered if his Excellency would defray his expcnces 
he would ; The Governor little expected such an answer considering the Salary of two hundred 
pounds a year sterling allowed him as Surveyor of the Queen's Woods, that by Her Majesty's 
Royal Letter, under her signet and sign manual, he is expresly commanded to attend that 
work, and that no Salary is proposed to be allowed him for it by Your Lordships Representation 
to her Majesty, this put him upon making some farther enquiry after some who had been in 
the Eastern Countrys, and acquainted themselves with the method of preparing Pine Trees 
and at length he met with this M'' Sacket, who undertakes it, and I have very good hopes he 
will be able to effect it, for he talks more reasonably on that head, then any man I have yet 
met with, however his Excellency was willing to have M"' Bridger too, because lie was assigned 
to that work, and for that purpose wrote him two positive orders, in each mentioning Her 
Majesty's Commands to him, but he still refuses unless on the afore mentioned considerations. 

Had he come his Excellency would have reposed but little trust in him, for the method 
which he formerly proposed to bark the Trees (as he publish'd it in print) would not doe, it 
has been try'd in Jersey without effect, and to the considerable damage of some men there, 
nor had he himself better success in Connecticut, as his Excellency is likewise informed from 
thence; had he been unacquainted with the method of this work he ought to have been 
engenious in confessing it, that his Excellency might sooner have enquired after some who are 
acquainf" with it, and not have laid hold on that frivolous pretence to conceal his ignorance, 
which however is more excusable than his disobedience to the commands of so gracious a 
Queen, whose bread he has so long, and, as it appears, so unworthily eaten. 

This is what, My Lords, I have in command to doe myself the honour to lay before Your 
Lordships with respect to the Palatines, whatever may have escaped from the haste I am in, 
for fear of losing the opportunity of the packet, as likewise the Copyes of w-liat may be 
necessary for your Lordship's further information, his Excellency will doe himself the honour 
to send you by the next. 

Vol. V. 31 


As to what farther relates to the Indians I inclose you a Copy of a Letter from the 
Commission" of the Indian Atfairs, and of one from Collonel Schuyler to his Excellency who 
designs to be at Albany the first of June to meet the Sachems. 

I humbly ask pardon for the confus" which the want of time may have occasioned in this; 
and that you will give me leave to subscribe myself as I am, with all possible honour, 

My Lords 

Your Lordships most humble 

and most obedient Servant 
New York Ceo: Claf>ke. 

May 30'i' 1711. 

• Comini&sioners of Indian Affairs to Governor Hunter. 

[New-Tork Papers, Aa. No. 61. ] 

May it please your E.xcellency 

By the enclosed extract out of our minutes y"' excellency will see what y'' French design to 
do at Onnondage, how they are resolved to take possession there, if not prevented, we hope 
that Coll Schuijler will have that influence over the Indians to diswade them from allow^ such 
dangerous Practices as soon as your Excellency's Instructions arrived he was dispatched away 
with M'' Roseboom and Bleeker, and the Interpreter, and if we had not had some things in 
Store v/"^ your Excelly brought over it would have been a hard task to have fitted y" out, so 
bare are y* fronteers now of either money or creditt, we see that our enemy who are always 
vigilant spare neither Costs nor trouble to effect their ends, and we are almost rendered 
incabable to do any thing for y" publick good, if there be not efl^ectuall means taken to defeat 
y' French designs it will prove extream dangerous, not only to us but all y" British Plantacons 
in North America we have nothing to add, but that y' stores left by your excellency are 
almost expended, so with the tender of our humble dijty we remain with profound respect 
May it please y'' Excell'^ 

Your E.xc'J' mo: humble 

and obedient Servants and commissioners 

of y^ Indian affairs 
Henry Hansen Mynder Schuyler 

Albany May 4. 1711 John Schu[y]ler Peter van Brugh. 


French Designs at Onondaga. 

[ New-Tork Colonial MSS. Albany. LV. ] 

Att a meeting of the Cominiss" of the Indian Affairs in Albany the 4"" of INFay 1711 

PiiESENT — Peter van Brugh Mynd' Sciiuyier 

Hendrick Hanse Joh' Schuyler 

Interpreted p"" Lea & Step: Groesbeek 

Tiie Com" haveing Rec'' a Letter from Coll" P'' Schuyler dated y" S'' instant at the praying 
Castle of the maquase by an Onnondage Indian Calld Tanhaaro whereby he informs y^ Gent" 
that nion'' Longuel & the other french in company with him arrivd at Onnondage ab' 14 days 
ago, and that they are bussy a building a house of Planks & refers us toy'"s'' Indian for further 
Information who being Examind says, 

That mon' Longuelie, Jeunkeur y* Interpreter & other officer & 13 Souldiers came to 
Onnondage about 17 days ago, that they are designd to stay there about 2 months or Longer, 
that they had sent some of their People to Cadarachqui, for more Provisions, that they had 
not yet made any Propositions, but were bussy sawing of boards to make a house, that the 
Indians had granted them a Lott in the midle of their Castle to Errect a house, and that 
Monsieur Longuelie Calld by the Indians Sinnonquirese was to be the owner thereof and to 
Live in it when he comes there at any time 

That there are 2 Sachims of the Maquase Canada Praying Indians Calld Tatachquisera & 
orighjadikha with the said french Gent" at Onnondage 

A True Coppy Examind by 

Philip Livingston D Secrey of y* 
Indian Affairs 

Propositions of the French at' Onondaga. 

[New- York Colonial MSS. Albany, LV. ] 

At a meeting of the Comiss" of the Indian Affairs in Albany the 7"" of May 1711 

Present — Kill : van Renselaer Hend: Hanse 

Joh' Schuyler. 

Laurence Clase the Interpreter came here this day from onnondage (but had not seen 
Coll" Peter Schuyler by the way, being he is come by water) and says that he had been there 
12 twelf days, and heard Mon"' Longuel make the following Propositions to y-^ 5 nations viz' 


I do condole the death of your old & young men women & Children, who dy'd Since I was 
here Last, and gave a Large belt of wampum to wipe of their tears, 



Yovv liave been Last year in Canada witli our Gov'' and told him at that time, that, he should 
not hecTi-ken nor give Credit to any Storries or false news w'" might he brought there of you by 
any one, but that you would Live in peace with him gave a belt of wampum — 


I hope that y" will keep this j'our promise & Covenant inviolable w'' you made with the gov'' 
of C.iuada, gave a [^arge blak belt of wampum — 


1 do \v;irn yow not to take y' hatchet in hand from Corlear, (meaning our Governour) on 
any L\|)i'diii(>n ag*' us, for if you do you hreake your promise and will Loose of your best & 
Cliiefest Captains, the warr w'' Christians have is difl'erent with the warr the Indians have, for 
Ciiristians make peace when they have slain one another, but the Indians are so violent when 
they Ii')()se men they will not Leave off, and when we have made peace with the English we 
mast warr with you, therefore it is best that wee remain good friends as wee are now, I have 
done as Corlaer your Gov'' has done, given the hatchett of war to all my Indians, you know 
not what will Come upon you for we have dayly Intelligence from Boston p'' way of Port 
luiyall (now Calhl annapolis Royall ) what is in hand against you, therefore I do warn you to 
Stay at home and Assist no body, gave a belt of wampum — 


I Desire that the young men shall be Obedient and do what the old Sachims shall order 
them for that is the Safety & Security of yourselfs «& Country gave a Large blake Belt 
of wampum — 


meaning the Squas, that they should give good advice to the young men & their husbands, 
that they stay at home & not go out to warr, and be obedient to y'' Sachims give a belt 
of wampum — 


I desire that two Sachims of Each nations shall go with me to Canada five days hence 
(wliirli was to he y' 2"" of this Instant) the reason of 'my desire is this because all nations of 
my Indians are expected tliere now, therefore do not wonder when y° see a great number 
of Indians going down, for we shall keep a Gen" Land meeting, and then you shall see whose 
fault it is that tiie farr Indians Kill Every year of your People, gave a great belt of wampum — 

Tlieii the .s'' Longuel gave a Present to the Indians for ah' the value of ,£600; — most part 
in Amunitiou and that the french had made there a Block house of thirty foot Long with 
Loepe holes in it, & were yet Bussy sawing boards, and had brought householdstuf with them 
that there arc about ii4 french with the Officers, theyhaveing sent a Canoe with Some of their 
nu'u to Caniidii to fitch Provision as they told, the s"* Lawrence Clase but he thinks it is to 
fitch more men being they had told him a Little while before that they were going away in a 
short lime, and that Mon'' Longuels sons was Expected there day.y 

A True Copy Examin'd by 

Phill: Livingstoij D S 
of y" Ind : Affairs 


Colonel Sdmyler to Governor Hunter. 

[Xcw-Tork Papers, Aa. No. CO 1 

May it please j-our Excellency 

Your E.\cellencys Instructions dated the Sg"" past I rec'' the 30"" and in obedience thereof I 
got ready and repayred towards Onnondage the first of this instant being accomp^ by Capt"' 
Johannis Reeseboom & Johannis Bleecker, M' Nicholas Schuijler, John Baptist van Eps 
Interpreter and 4 other men together w"" nine Indians some from hence and others hyred by 
the way these do accompany the Journall of my Proceedings which has been attended with a 
deal of Tains & difficulties before I could over come what is done, nay more than that I was 
obliged to promise to sev" Indians a present of about two hund'' weight of powder thirty 
shirts and tvv'o peices of Strouds, that I desire your Excellency will be pleased to order up 
hither for them by the first opportunity here being no such goods in Store, I should be looth to 
give it of my own haveing already to my sorry advanced to much for y* Government y'' 
Sachims have desired me by seven hands of Wampum to acquaint your excellency that they 
are desirous to meet y' Excellency at Albany by y^ first of y' next month, they make a 
generall complaint of the dearness of Pow[d]er so that if your Excellency designs any thing for 
them, Powder will be most acceptable. Monsieur Longuil it was said has made them a present 
valued about six hundred Pounds. I have as y'' E-xcell^ directed sent out from Onnondage two 
spys to Canada who will return by this City have agreed with for two Stroud water Blankets 
and one pair ditto Stokings to each 

Wee returned hither y^ fifteenth the accout of Expences on my journey and uegociation and 
y« service of those all that went with me I shall take another time to lay before y' Excellency 
and Councill and at present take leave will all Sincerity to Subscribe myselfe 

Your Exc""'5's nio: humble & ob' ser"^ 

Albany 2V^ May. 1711. P- Schotler 

Journal of Colonel Scliuyler\s JVegotiations loitli the Onondaga Indians. 

[New-York Papers, Aa. 63. ] 

Journall of my Joyrney to Onnondage by His ExcU'y Rob Hunter the GoV and Councills 
order, dated the 24"" day of Aprill 1711 Received the 30"' day of this instant & on the first 
of May I ride from Albany accompanied with M"' Reeseboom and M"" John Bleeker in order to 
proceed with me on the said Journey & come that day to Schinnectady 

The second ditto w^e left Schinnectady and came to y= first Castle of the Mohoggs, where I 
received Intelligence that the French Gent"' Mons: Longuil had been 14 days come to 
Onnondage & busy building a house, and had sent a cause' back to Cadarachque 

The 3'''' do we gott to Canojoharrie the second castle of that Country & in a meeting of y^ 
Sachims conveined desired two of them and some of their young men to go with us in company 
to Onnondage & p'sented them with the Queens arms to sett up in their Castle as a token 
from her Majesty which they gratefully accepted but appointed none to go with me 

' a canoe. — Ed. 


Tlie i'^ do wee proceeded on our journey and came about 30 miles beyond tlie Moboggs 
Castle's towards Oneyde Castle 

The 5"' do we proceeded on our journey to Oneyde and mett with an Indian wbo gave us 
InteUigence that Lawrence Class our Interpreter bad left Ounondage 2 days agoe and that 
Mons: Longuil was still there and designed to tarry 4 days longer and that Tagtagquizera one 
of the cbeif Sachims of Cagnawage in Canada was at Oneyde to delude that nation if possible 

The G"" do we came to Oneyde tlie Sachims being convened I presented to them the Queens 
arms, and told them that at their request and by His Excellencys order 1 was now come, & 
goeing-to the meeting in Onnondage, and desired them to send with me some Sachims & men 
thither, which they readily consented to, & directed 3 Sachims and a number of their young 
men to accompany us to Ounondage 

The 7''" do on my Journey to Ounondage we mett severall Indians designed foi" Albany they 
told us tliat as soon as Monsieur Longuil heard I was l)y the way ceased building up the 
Blockhouse and made the best of bis way thence to a place called Cannenda, by the Lake 
where bis canoes were & left word If I were minde to speak to him be would tarry there for me 
in the evening about seven a clock we came to Onnondage where the Sachims friendly 
received us. 

The S"' do the Sachims of the five nations conveiued and desired my presence with the other 
Gent" Capt" Roseboom and Capt" Bleeker there where when come they made the following 
Propositions viz 

Brother Corlaer & Quieder 

We shall in the first place begin and tell you the evill news we have beard from some of 
our people that have lately been with that nation of Indians called the Minquase who told y"" 
that Corlaer & Onnondio the latter the Gov of Canada are now agreed to destroy y" 5 nations, 
and that this contrivance has been long on foot between them but now resolv''' upon on 
purpose to gett our land, being land is scarse to be gott at home, and it is beleived the more, 
because the French men were admitted to pass freely through Albany the last Winter and now 
take upon them to build in our Castle, there is also added to that news that Corlaer and 
Quieder are to invite the Sachims of the five nations to Albany with a design when come 
there to kill them and to take possession of our land and divide it with the Frencli, this we 
have also told to Mons: Longuiel who answered that y^ French would not be concerned in 
any such doing, but that the English would do it, which makes us jealous of it, is because 
Powder is so very dear, we have heard likewise of such a design by Oriojadricko now here 
from Canada wbo was told this by a Prisoner tak" last Spring from New England near the 
Sea Side 

We shall now repeat to you what Mons: Longuiel from the Governor of Canada has 
been telling us viz' 


I shall now speak to you not only from myself but on behalf of all other nations of Indians 
in alliance with me, what is past and done by us Jieretofore you may forgett and forgive, & let 
us now renew our Covenant and take no notice of evill insinuations from your neighbours 
we mean Corlaer 

It may happen that Corlaer and Quieder in a short time will give the Hatcbett in Hand 
against us, we desire you not to accept or take it for it is the English and French Warr & at 


tlie end thereof tliey will become friends but you are a dead people if j'ou accei)t the Ilatchett 
otherwise you shall live therefore let English & French fight it out, and be not concerned 
either on one side or the other, do you not observe yourselves like Prisoners or Slaves, 
what ever you have a mind should be done for you by Corlaer and Quieder that no notice is 
taken thereof, or do you not see that they and wee have a dayly conversacon with one another 
and go dayly to and thro' Albany without your knowledge, O Children I pity you & could 
wish that Corlaer and Quieder were here to hear me I have abundance to say in your behalf, 
is it not plain to be seen that they take no care of you nor of the Country it is the Bevers 
they only aim at & want to have and your assistance when they want it, but seldom return 
you any. It is I that have compassion over the five nations & esteem you valuable (giving a 
hard Stamp on y^ Ground) therefore hold peace with me & so you with your Brother, It is 
I tiiat commiserate your young men your wifes and children and all that belong to you, there 
is Corlear and Quieder has given the Hatchett into the hands of the River Indians, I shall 
watch their motion tho' I value them but little for with the firing of one great gun I can soon 
scare them away, now perhaps Corlaer will send out towards our Parts may be we shall send 
towards his Parts for a scalp or Prisoner when it so happens, we desire you to sett quiett in 
Peace and concern you not in Warr, for so doing you'll preserve your lives, you Soldiers @ 
young men hearken to the Sachims for they are men of knowledge and understand to govern 
your country, thus long will you hold a peaceable life I know you are w\arlike men yet it 
becomes you to give ear to the old, and forbear drunkenness you women be sure to diswade 
your soldiers from fighting that Losse of them is toward the loss of y^ land and will bring 
forth much greife to you. I have sent for y* waganhaes some of them have committed 
murder at Cadarachque and allso for all the upper Nations to whom I have given y'' Hatchett 
And from you 1 desire two Sachims of each nacon to goe with me to Canada to hear what 
I shall propose to the Wagenhaes 

Answer from y" five nacons to Mons: Longuil in Onnondage 

We must tell you that we have the same compassion with the Governor of Canada as he 
hath with us you desire us not to take the Hatchett in hand, we think not to doe it but as to 
what you told us that Corlaer and Quieder have given the Hatchet to the River Indians, that 
we cannot beleive, it may be to the Boston Indians or them more to the Eastward under the 
English Govern"" which if so is with a great deal of reason since you have given the Hatchett 
to all your Indians against them you seem to be commisserated vpith us, even as if our Brother 
Corlaer & Quieder used us uncivilly which they do not, but have severall times been used so 
by you & often times had warr with you occasioned first from your selves, the like has not yet 
happened with our Brothrt" Corlaer & Quieder & hope never shall, but have alwaies agreed in 
Love and frindship together, our young men are generally obedient to us & observe our 
commands altho' the Waganhaes have now twelf times fallen upon us & kill'd of our men, 
we suppose thro' your means for the sake of the Bevers, which we cannot so easily forgett & 
are apprehensive that you have some evill design by sending for the Waganhaes perhaps to fall 
upon us, for we know you are deceitful and not to be trusted, you desire us not to accept of the 
Hatchett when offered to us we likewise desire you to take y° Hatchett from y"' Indians & lett 
Christians fight Christians only otherwise you cannot expect that we shall sitt quiett while you 
send out your Indians whom you must pay well for their pains, give one Belt of Wampum 

The 9"" do I desired a meets of the Sachims of the five nations to whom when convened 
I told them Brethren upon the seven hands of Wampum which you sent desiring me here, 


his Excellency the Gov'' your brother Corlaer, has forthwith directed me to repnire to you and 
to thank you for the notice given to this Government of the arrival of the Frencli in your 
Castles & that your brother Corlaer expects your allegiance to her Majesty and j^'' former promises 
that you will not permitt any armed men Preist or emissarys from y* French to come among 
you, and also that he expects that you will have no private consults with any of those that were 
late among you, and that if any attempt be made against you from Canada you may assure 
yourselves of all the Assistance tliis Government can give you, the evil! news you told me 
yesterday of y° Minquase is alltogether fidse and not worth to make answer to, the seven belts 
of Wampum which the French has laid before you you have already answered so that I need 
not say any more of them, but Brethren what's the meaning hereof why is tills sulfered that 
the French (who ever have been wrongfall to you) have now the liberty not only to come into 
y'' Castles, but to build a defensive house in the midst of you, how are you now so blind or where 
are your thoughts y' you can never see nor think of the ill consequences of this they have been 
doing here I am resolved not to Part from hence before it be broake clear down & destroyed. 
Brethren I have brought with me her Maj""' Coat of Armes \v'^ I desire you to sett up here as 
a token that the French have no jurisdiction in your country the like 1 have also here to be 
sent to Cayouge & y* Sinnekes 

After this the meeting adjourned into a private consultacon by themselves, In the mean 
time I was informed that Mons: Longuil had given the said house to the care of a Sachini that 
was then gone out about 16 miles farr from the Castle so that I thought necessary to go to the 
expence to send for him, who came in at six aclock in the Evening I made it my interest to 
gain his consent as likewise of many others that were well eHected yet not without the promise 
of suitable returns for their Pains 

The lO* the Sachims come to my Lodging in the morning & told me they had forgolt an 
article in Mons : Longuills Proposition tliat was if in Case tlie five nations would not stay 
home they had other nacons besides the Waganhaes at their command the said Sachims 
replj^ed of more nations we know also of many in Covenant with us so that such threatnings 
shall never be a means to break our allegiance with Her Maj''' or the Covenant with her 
Govern"'' in America 

And moreover told me that they had concluded to leave in my choice whither to destroy the 
Blockliouse built by Mons: Longuil or not, but that if I resolved to break it down they in 
the mean time would send a messinger to him being at Canende but twelve miles of to give 
Iiim notice thereof. 

I returned them answer that I was very glad that they complyed with my resolution & if 
they thought fitt to send word to Mons : Longuil they might tell him tliat I was now busie in 
pulling it down, so that I immediately ordered those that accompanied me to breake it down 
which was quickly done & the Sachims sent forthwith such word to Mons: Longuil and to y* 
Cayouges & Sinnekes Country of my proceedings the Longuil sent an Indian Messenger to the 
Sachims that they should well inform him what I have proposed & done there & withall if I 
would allow y"' Sachims to send him such answer 

The ll"" they proposed as foUoweth — 

Brother Corlaer & Quieder, 

We are now conveined again and you see we have consented to all your desires so hope 
you'll comply with ours, first we find tiie prize of Merchandize so extraordinary dear especially 
Powder without that we are quite undone, therefore since our returns are so invaluable, we 


desire Powder above all may be afforded cheaper and we likewise desire that the selling of 
Strong drink to our people may be prohibited whilst that lays in your power to do 

You have often given us the Hatchett in hand to fight the French you know we have 
always fought them as we did with you once at in Canada & did there good service 

tho' we have liad but little assistance from you when we have been attacqued 

You have told us to disuade our Soldiers from going out against the Far Nations, they often 
fall out upon us yet you are unwilling we shall goe out against them, how shall we defend 
ourselves against y™ with arrows we cannot & Powder and lead is extraordinary dear with 
you and now you have broak down this house which seemed a defence to us not want Powder 
& lead, so that we may supply ourselves to be in a readiness upon occasion 

I replyed that I should give your Excellency an account thereof but they must be carefull 
for the future and not admitt any French into their Castles much less to erect any buildings 
this Blockhouse was 24i long & IS foot broad covered with boards & nailed, there was 
other wood ready to build a chappell, which I also destroyed & so took my leave & bid 
them farewell presenting them with one keg of Rum 20° was very acceptable after I went 
about 3 or 4 hundred yards Dekannisore came after me & desired to know the mean^ 
of the Queens coat of Arms I told him that that signified her Majesties authority there and 
that y* French ought not to be permitted amongst them on any account whatsoever and so 
departed from Onnondage to Oneyde 

The 12"' do we left Oneyde and mett a Sinnek that told me that tiie French Interpreter 
named Jeunkeur being in the Sinnekes Country and hearing of our arrival at Ounoudage 
immediately departed from thence the IS"" & 14 do continued on our Journey & came the 
15"" to Albany. 

ggd pr Schuyler 

A true copy, examin'^ 

P"' RoBT Livingstone Secry 
for y'= Indian affairs. 

Secretary Clarice to the Lords of Trade. 

[New- York Entries, H. 415.] 

To the Right Hon'''^ tlie Lords Commissioners for Trade and Plantations 

My Lords. 

J have just now received some further Intelligence from his Excellency concerning the 
Palatines of a very different nature from what I did my self the hon'' to lay before Your 
Lordships in my letter of Yesterday and which would make me wish I had not writ it, were 
it not necessary you should be informed of all their actions; however 'tis with great pleasure 
I do myself the honor to write this, which will shew Your Lordships their sincere repentance 
of their behaviour. 

After his Excellency had disarmed them he sent back the detachment to Albany, and the 
sober and better sort of people, who are likewise the Majority, being secured from the rage 
of the hot headed, unthinking and misguided, met together to debate on their former 
Vol. V. 32 


proceedings, and with a general consent came to this Resolution, to acknowledge their faults, 
ask his Excellency's pardon, and signify their hearty repentance; Accordingly all the Villages, 
by their Deputys waited on him, and some of them on their knees asked his pardon and 
promised him a thorrough Reformation of tlieir behaviour, and an entire Resignation to his 
orders, for the future, whereupon his Excellency pardoned them with this certification, that 
the first disobedience shall be punished with the utmost rigour the law will allow, which they 
received with great joy and now they begin to demonstrate their sincerity by inquiring when 
they shall be set to work, and show a great desire to make a good beginning on it. 

M'' Sacket has visited the woods, and finding them perfectly to his mind, resolved to set 
them to work in Barking the Trees on Munday last, so tiiat by the next Packet I doubt not 
his Excellency will be able to give your Lordships such a relation of their Labour, as will be 
very satisfactory to you. 

However perplexing this tumult has been to his Excellency it will have very good effects as 
to Her Majesty's interests, for he will put them under a new and more exact method of 
obedience, which the good express a great inclination for, for though they are more numerous 
then the bad, yet the latter by their noise and heats, have drawn, or forced, in the rest, which, 
now their arms are taken from them, they want the power to doe if they had the will, but I 
hope and beleive they will not attempt it again, their repentance appearing very hearty. 

The submissions of the respective villages being in High Dutch cannot now be laid before 
your LoP'" but by the next packet they shall. 

I inclosed your Lordships a copy of Colonel Schuyler's Journal of his Journey to onondage, 
and his proceedings there with the five nations, which but just now come to my hands. 

The occasion of this' will, I hope, obtain Your Lordship's pardon, for the trouble given you 
by him, who begs leave to subscribe with all imaginable honour. 

My Lords. 

Your Lordships' most humble 

New York & most obedient Servant 

May 31. 1711 "^ Geo: Clarke 

Secretary Clarice to tlie Lords of Trade. 

[Now- York Entries, 11. 89C. ] 

To the R' Hon*"'' the Lords Commission" for Trade and Plantations. 

My Lords 

The winds which has hindred the Packet from sailing this week has however been 
favourable in giving me the oppertunity of doing myself the honour to acquaint Your 
Lordships that the Palatines are now demonstrating their sincere Repentance of their past 
transgressions in a manner which will be very pleasing to you. 

They are and have been for several days past at work on the Trees of which by computation 
they prepare fifteen thous'' a day; The children are all likewise busy in gathering up the Knots 
which will be burnt this year, and I doubt not a considerable quantity of Tarr made of them. 


This is only on one side of the Blair,' on the other they are likewise at work, but I have no 
particular account of their labours. 

By this Your Lordships may well beleive the Woods are full of this sort of trees, and easily 
gather from the number that is daily prepared, that in due time this People will make such a 
quantity of Tarr yearly as will not fall short of the expectation that was conceived; Nor 
indeed is it hardly possible it should, when there are Trees sufficient for many years on that 
spot they are imploy'd, and other Tracts when this is done of very great extent comodiously 
scituated for transportation and the people work with all the Cheerfulness imaginable. 

It is almost the only satisfaction his Excellency has in this Province to see this great work 
go on with that promising success it does, for in other things he has met with all the 
opposition and discouragement which a people devoid of duty and ripe with defection could 
give him nor is there any prospect of surmounting those difficulties by any Measures on this 
side; he has however the pleasure* of serving the best of Queens, an happiness which they 
cannot divest him with, that tiierefore and the hopes of bringing this great affair of Pitch and 
Tarr to perfection he must comfort himself till he is made easy in the rest, which call for a 
very speedy and an effectual Remedy. 

His Excellency has not yet Return'd, so that your Lordships are troubled with this imperfect 
relation from me, for which I hope you will pardon me, and give me leave to to assure you, 
I am, with the greatest honour. My Lords, Your Lordships most humble and most obed' Serv' 

New York George Clarke. 

June 7"" 1711 

Lords of Trade to Governor Hunter. 

[ Now-Tork Entries, n. 391. ] 

To Colonel Hunter 

Since our letter of the tenth of Aprill last, a Duplicate whereof is here inclosed, We have 
received two from you, both dated the Seventh of May 1711. 

We have at present the said Letters and the Papers therein referred to under our consideration, 
in order to our laying before Her Majesty what shall appear necessary in relation to both your 
Governments, so that 'till we have gone through the whole, and Her Majesty's pleasure be 
declared thereupon. We shall not be able to give you particular answers to the severall matt" 
contained in your said Letters. 

We have laid before My Lord High Treasurer what you write in relation to the Palatines, 
and shall do what farther lies in our power that may promote the imploying of those People 
in the Production of Naval Stores. 

As to your desire that your Salary and other expences may be paid out of the money in the 
Collector's hands we must refer you to what was writ you on that subject the 29"' of January 
last, to which we have only to add that all the money levyed in the Plantations, by viriue of 
the Act for encouraging the Trade to America as Duties on Prize Goods is appropriated and 
made a Fund for Loans & cannot be otherwise disposed of. 


We have received from the Board of Ordnance the Extract of a Letter from you to the 
Duke of Marlbro', with an Account of ordnance Stores remaining at New York, upon which 
we must take notice that you ouglit to have sent us a Copy of the said Account as you are 
required to do by your Instructions. You ought at the same time have transmitted an Estimate 
of each particular species of arms or ordinance stores that are wanting, and also to have 
explained whether this account comprehends the remain.s of Stores that are at Albany and 
Schenectady, as well as at New York, otlierwise it is very diihcult to apportion what is 
necessary to be sent. 

With'our Letter of the sixteenth of Marcii last relating to the Government of the Jerseys a 
Duplicate whereof has been sent you, We transmitted to you Her Majesty's order in Council of 
the first of the said month, confirming the Act for ascertaining the place of sitting of the 
General Assembly of that Province, so that matter is now at an end. 

As to what you write in relation to the Court of Ciiancery, and to the members of the 
Council being Judge Assistants in the Supream Court, and to the inconveniences that may arise 
thereby, we can only observe that by your Comiss" you are empowered and authorized to erect, 
constitute and establish, with the advice and consent of the Council, such and so many Courts 
of Judicature and publick Justice, as you and they shall think fit, and to constitute and appoint, 
judges, Comission" of Oyer and Terminer, Justices of the Peace &ca. So that if you find any 
inconvenience by the present Constitution of the Supream Court Your Commission and 
Instructions in that behalf will he your best guide. 

We desire that you would send us by the first conveyance a complete Collect" of all the Laws 
of New York since y* year 1691. 

We have only to add that hereafter in your Correspondence with us it will be uiore easy 
and proper that what you write relating to each of your Governments be in separate and 
distinct Letters. 

Soe we bid 3'ou heartily farewell. Your very loving friends. Winchelsea 

Ph. Meadows. Geo. Baillie. 

Whitehall Artii. Moore. Fra. Gwyn. 

June tiie 29'" 1711 

Governor Hunter to Secretary St. Jolin. 

[Xew-York Papers, VI., 87.] 

New York 12"' September 171 L 

On y^ 14"' of June last I had y* bono'' not without a great deale of pleasure of yours of y^ 
6"" and 21*' February, with Her Maj''" Listructions and Commands relateing to the Expedition 
against her enemys in these parts by an express from y' Lieu' Generall Nicholson who was 
just then arrived at Boston with the two men of warr and transports destin'd for this place. 
The express reach'd me a hundred miles up in Hudsons River, upon my return from an 
interview with the Five Indian Cantons ; the substance of which you will find in the paper 
mark'd A. I hope it will not be tedious to you to read y' occasion of this interview, for I have 


ever since lookt upon it as a favourable presage of success. It was breifly this : — Being 
informed that Jancoeur and Longeuil, two French Officers and agents, were then in y^ Senneca's 
country the most remote and powerful! of all our savage Allies, that they had already built a 
Blockhouse in their cheife place of residence and had projected a fort there, I sent Coll: Schuyler 
with some other men of interest with y' Indians, to require y"" performance of their former 
proniisses and engagements, that Blockhouse should be forthwith pulled downe, the French 
dismist, and their promise that for y* future they would receive noe more such errands. All 
which they performed, tho' with some difficulty, and desired, in Company with the Cheifs of 
the other four Cantons, to meet me at Albany ; where accordingly I mett them and they 
renewed their covenant, promised punctuall obedience to all Her Majesty's commands, and at 
my desire broke off the desigue of a warr they had meditated against some of the far Indian 
nations, promising not to stir from home without leave. 

Upon receipt of y' express, I dispatcht another back to Albany with orders to detaine two 
Sachims of each Canton till further orders. At New York I gave all' necessary orders for 
bread and other provisions; ordered y" Feversham to Virginia & Maryland for pork, this 
country atfording none, and then went to New London in Connecticutt to concert matters 
with y^ Councill of Warr constituted by her Ma'^ for that purpose: of which the paper mark'd 
B. will fully informe you. 

I dispatcht Coll. Schuyler from New London with orders to y'= Sachims above mentioned to 
bring downe imediately all their fighting men with their arms and cannoes to Albany. Being 
return'd to New York, I had y^ Assembly's of the two Provinces to mannage, provisions to 
secure for y" forces by sea and land and Indians, and batteaus to build for their transportation. 
Time begun to prest, for at New London we had news of y' arrivall of the whole fleet. 

What past in the two Assemblys which mett, y° one at New York y' 2* of July, the other 
at Perth Amboy y' 6"' the journalls of Councills and Assembly's of both Provinces mark'd C. 
will amply inform you. 

The Assembly of New York raised ten thousand pounds for that use and their quota of 
men, being 600, tho' they grumbled much at y^ proportion; which however is warranted by 
her Ma"'" generall instructions. Yet they resolved to raise them in this manner, 350 Cristians, 
150 Long Island Indians and 100 Palatines, which they desired of me on y'' Province's 
Account : all which were raised except the Indians, of which number I cold find but 50. All 
y^ rest by the artifices of those who call themselves their masters being retired to their lurking 
holes in the Woods; I found means however to find about 40 more from Connecticut. These 
Sea Coast Indians being of great use for mannageing batteaus and cannoes and all other 
hard laboure. 

The Assembly of y^ Jerseys raised Five thousand pounds for this service to be disposed on 
by me, as y' minutes will informe you. I imployed all hands and arts for levys there, and 
with some difficulty found at last neare upon two hundred volunteers. In short before y* end 
of y'' month, I had the troops levy'd, clothed, accoutred and victualled and upon their march 
for Albany, had ready made 330 batteaus, capable of carrying each six men with their 
provisions and had sent round to Boston a sufficient quantity of bread and a very considerable 
stock of other provisions, the pork from Virginia not being then arrived; and on y= Q"" of 
August went in company w"" Lieu' Generall Nicholson to Albany. I have imployed three 
hundred Pallatines in this service, 100 upon the account of this Province, about 100 more to 
compleat y' regular troops to their establishment, being much weakened by a number of 


invalids in pay, none of that kind haveing ever beene taken of their liands or disposed of into 
hospitals since tlieir first establislunent. The rest, if the Jersey money does not liold out, 
must fall to her Majesties share. 

I was troubled to find no news of our Indians at Albany. We made however our other 
troops fyle off as they came upp. They arrived at last on y" 24"" of August, a jolly crew, 
about 800 in number, very likely men, with all marks of a hearty disposition for the service; 
as you will better understand by the minutes of my proceedings with them niark'd D. and on 
y" 30"' of August they followed y" troops. 

These forces consist of: — 
Coll. Ingoldesby's regiment formed out of y'' regular troops compleated by y"" Palatines 

and joined by y'' Jersey forces 600 

Coll. Schuyler's regiment consisting of y"" troops raised in tliis Province, Long Island 

Indians & Palatines 550 

Coll. Whiteing's regiment composed of y"" Connecticut levys "(JO 

And y" Five Nations witii their Allies SOO 

Upon my arrivall at New York on y first of September, I received advice by a letter of 
Admirall Walkers, that the fleet which had sailed y* 28"" of July was upon y* 14"' of August 
in y Mouth of S' Laurence River in good condition and with a faire wind. The Admirall 
presses much the sending after him more provisions, for feare of being obliged to winter there. 
I have now in this port the Feversham with transports haveing on Board a thousand and odd 
barrills of pork, and as much bread, flower, butter, pease rum and tobacco as they can carry ; 
which are to saile for Quebeck the first wind that offerrs, which I hope will make all easy. 

This sir is the present state of this glorious enterprize, which God prosper. Hitherto it has 
a good aspect, and if there is any creditt to be given to y' Report of three French Officers 
whom I have detained prisoners, they comeing under the mask of flaggs of truce (a pernicious 
custom in these parts) but really to spye, they are not there well prepared for such an attempt. 
I believe the Queene has not a subject with a heart warmer for her glory and interest than 
mine ; pardon me for this vanity, since it is all I have to boast of, but you doe me but bare 
justice to believe that y' concerne you have in tiiis aflaire with that of a freind whom I have 
esteemed with more than a common affection ever since I have known him, and who is now 
at y"' head of it, would have been sufficient to determine me to devote all y' endeavours of 
my life to it's success. 

Before I leave this matter I must begg yo'' patience whilst I give you an account of an 
accident which fell out here, and noe doubt but will be improv'd to my prejudice by those who 
have all along struck at her Majesties interest thro' my sides. 

The Feversham being almost unmann'd by y"^ death desertion & sickness of her crew, and 
y* only ship of Warr then with us, when I had resolv'd to send her to Virginia for provision 
for y"^ forces, I consulted some of y° Councill about an expedient for manning her, being 
pinioned by y'^ Act ag' pressing. They advised to send for all y*^ Masters of shipps and sloops 
embargo'd here and to borrowe some men of each in proportion to the numbers of their 
respective crews, upon promise to restore them upon the returne of the Feversham, which 
would be an apparent advantage to them in saveing their provisions dureing y'' embargoe. 
Wliich accordingly I did, and all of them readily comply'd, except one Foy the Supercargoe of 
a brigantine just come in from Bristoll, who used me with insolence that y° gentlemen present 
were ashamed of my patience. The other masters gave in y'= names of such men as they 


cold spare. I sent my own boat on board of them with an Officer to receive y* men 
accordingly; bee returned and told me that all that Bristoll ship's crew were desirous to goe. 
I sent him back with his former orders for one halfe only as it was agreed on. By y^ time bee 
gott to y^ shipp's side this supercargoe was got on board, and y* whole crew fell upon y= 
Officer and soldiers, with hand spikes, tho' y'' officer called to them frequently to take care 
what they did, that he came by order of y'^ government and to doe harm to noe man; but one 
of y* soldiers, being knock'd downe, shott one of y^ crew who dyed next day. I sent for y'= 
crew on shore and examined them; they declared all that the man who was shott had beene 
soe drunck and troublesome that they had beene obliged to bind him, till y* boatswain, who 
they blamed most, untyed him on purpose for tiiat tumult: which boatswain imediately after 
run away. The Coroner's inquest found that John Moore a soldier had killed that man, upon 
which I made him prisoner. Sometime after y" Grand Jury of this City presented and found 
guilty of murder the said John Moore and Capt. Riggs upon y^ evidence of that Supercargo 
and some others of his crew, not haveing thought fitt to call for any other. The Capt. was 
gone upon the expedition, the soldier I delivered over into y"" hands of y^ Civill Magistrate in 
order for his tryall. 

This Sir is a true account of that affaire ; the whole expedition depended upon the saileing 
of that ship ; she was unmann'd, partly by y^ evill practices of y^ Country who have not only 
encouraged such desertion, but protected nay rescu'd y^ deserters when legally secured and in 
custody of y* Constables, and when I had ordered a prosecution of such riotts, noe jury would 
find for y* Queene, tho' upon unquestionable evidence, and y^ Queenes evidence were abused 
and ill treated by y' people upon this occassion. 

I have wearyed my Lord Dartmouth and y= Lords of Trade with y^ grievances of this 
government ; my sufferings are of small consequence, but I'll venture once more to affirme 
that without a speedy & effectuall remedy her Ma'' can make noe state of any government in 
this place, and in a little time y^ disease may prove too strong for y* cure. 

You are pleased to lay yo"" commands upon me to take into my thoughts the whole state of 
y^ Brittish interest in these parts. I am highly sensible of y" honour you doe me, and at y* 
same time of my want of capacity to think much to the purpose on soe great a subject, which 
indeed deserves and requires the thoughts of the greatest councill in y^ realme. 

That it is in a bad state the frequent tumults in all parts and y* generall aversion to y" 
support of government in most, are sufficient indications. What you are pleased to hint of 
putting all North America under one uniforme plan of government would most certainly 
be a sure remedy ; but I am afraid it is too lingering a one for y^ present exigences ; The 
purchaseing proprietyes and takeing away of usurpations being a work of time and trouble. 
The Proprietary Governments which were modell'd according to y" humours of their respective 
Proprietors consist of y* Governour and y^ Representatives, the Councill in most being a meer 
cypher, haveing no share of y" legislature ; by which meanes y' Governours depending upon 
y*" good will of y'= people for their dayly bread, have beene obliged to make such concessions 
and past them into laws, that if these governments be purchased and continued upon the foot 
they now stand, her Maj'^ pays deare for much trouble and noe dominion. This is y' plan of 
the government however they all aime at, and make noe scruple to own itt. 

The Legislature of the governments imediately under Her Maj'^ is in y^ Governour councill 
and Assembly, by her Maj"" gracious concession; for y= time was when in this very Province, 
the Governor and Councill were y* sole legislature; but y* Assemblye's claiming all y* 


priviledges of a House of Commons and stretcliing tliem even beyond what they were ever 
imagined to be there, should y' Councill by y'' same rule lay claime toy"" riglits and priviledges 
of a House of Peers; here is a body poUitick co-ordinate with (eU^iming equal! powers) 
and consequently iudependant of y"" Great Councill of y"" realm. 

A greater assertor of liberty, one at least thnt miderstood it better than any of them, has 
said ; That as Nationall or iudependant Empire is to be exercised by them that have y" propper 
ballance of dominion in the nation ; soe Provinciall or dependant Empire is not to be exercised 
by them that have y" ballance of dominion in the Province ; because that would bring y" 
government from Provinciall and dependant, to Nationall and iudependant. Which is a 
reflexion that deserves some consideration for y"" sake of another from y^ same person, to witt : 
That y'= Colonies were infants sucking their mother's breasts, but such as, if he was not 
mistaken, vi'ould weane themselves when they came of age. 

Upon y*^ viiiole I humbly submitt it, if it may not be adviseable at this time, untill a propper 
remedy be applyed, that Her Majesty by her royall letters (for what a Governour snys passes 
for nothing) putt them in mind that all such priviledges as they clayme as bodycs poUiticke, 
they holil of her speciall grace and noe longer than they shall use them for her interest and 
the suport of her government. Tiiis, whicli most assuredly will be of noe force toward the 
settleing of a revenue here, yet may be of use to keep them within bounds in other matters. 

I wish it were in my power to doe for AP Harrison as he deserves and I cou'd wish. There 
is one imployment which is imediately in yo"' owne, that is, y* Secretaries place of y° Jerseys; 
INP Bass the present Secretary being soe obnoxious a man and indeed infamous that I can not 
believe her Maj'^ will be induc't to keep him there, after the representations I have made ag' 
him. There is anotlier since AP Keile has given over thougiits of returning hither, which is, 
Surveyor Generall of y^ Customes in these parts. AP Brushfeild who is possest of that place 
being gone for England and haveing demeaned himselfein such a manner whilst here, that I can 
hardly be perswaded y" Commissioners of y* Customs will send liim back hither againe. 
Hee is very capable of executing either of the iraployments to y"' satisfaction of all concerned, 
and it will be noe small pleasure to me to have him soe provided. 

I humbly ask pardon for this long tedious epistle and am afraid I shall be under an obligation 
to trouble you with more. In y'^ mean time I beggyo'' recommendation to my Lord Treasurer 
for my bills and yo'' assistence toward a remedy for my pressures here. I hope you beleive 
me when I tell you that it is impossible to be with greater truth honour and regard tiian 
I am, 


Your most fliithfuU, most 

humble and obed' Serv' 
(signed) Ro: Hunter. 


Proceedingd of the Congres^'i held at New London. 

[New -York Papers, VI., 95.] 

New London June 21. 1711. 

Congress by Her Majesty's Commands 


The Generall Instructions to His Excellency Coll : Hunter were read. 

Agreeable to a former proportioning of men from y* severall Governments it is now 
determined for the present expedition 

That the proportions following be supplyed: — 

From New York 600. 

Connecticut 300. 

EastJersey 100 

West Jersey 100 

Pensilvania 240. 

To march to Albany on y' second of July next or so soon after as is possible. 
Upon reading RP Commissary Belchers letter from Boston what can be had for y' supply of 
y* generall expedition ; Coll. Hunter declaring that he should want the following articles. 
Agreed that letters go from this Board to ]\P Commissary Belcher, that 

50 butts of wine, 
10000 Gallons of rum, 
150,000 of Rice 

be taken up presently and disposed as Coll. Hunter shall direct for the expedition. 

And Coll : Hunters letter was read at the Board accordingly. 

It being represented at the Board that Captain Mathews in y' Chester is not gone to 
Annapolis Royal for Coll: Vetch as he was ordered, the necessity of y* service demanding y* 
coming of Colonel Vetch imediately. Coll. Dudley is desired to send away Capt. Carver to 
Annapolis, to carry the letters left with M' Secretary Addington, and y' letter now agreed on. 

And that Carver proceed immediately, and that he keep the shoar on board going & coming 
[so as in case] he meet with anyvessells of strength superiors to himself and at y= last danger to 
throw away his letters, and that Carver and his Company keep all secret of the expedition. 

Upon reading at the Board the instruction referring to the appointment of a Deputy Governour 
of Annapolis Royal during the absence of Colonel Vetch, and the letter of y' R' Hon*"'* M'' S' John 
to CoUonel Nicholson pursuant thereunto: 

It is agreed that Sir Charles Hobby sustain y' place & trust of a Deputy Govern'' of the fort 
& garrison of Annapolis royal, during Coll. Vetch's absence and that Coll Vetch have notice 
thereof accordingly. 

It appearing to y^ Board that it is impossible to provide pork pease and other salt provisions 
sufficient for y' fleet & forces; proposed, that there be two Fish days in a week for y' forces 
coming from Great Britain, and that Coll. Hunter provide fish accordingly. 
Vol. V. 33 


Coloiiell Hunter refireseiiting at y'' Bonrd the necessity of the coming of llie two trnns]torts 
y*^ Joseph & y"^ Neptune, now at Ijoston, to New Yorii hoth to unliver their looiling & to carry 
provisions baci\ to lioston for y"" service of y^ fleet & forces: 

Agreed tliat Capt Cockhurn lie written to &: that one of lier Ma'''"' ships y* Saphire or 
Leofiard convey y*" said transports to Yori-i & retnrn iniediately to LJoston. 

And if y" Adniirall of iier Majesty's fleet l)e arrived that Capt. Cockbiirn waytony' Admirall 
and if lie .see meet to make any other order for y*" .safety of y* said transports coming to York 
it his left to his direction; and if this fayles that Coll : Dudley write to Capt: Mathews to 
bring them round the Cape so as they be safe into y^ Sound, and that M'' Commissary Belcher 
provide each of the transports as well as y' frigott, a pilot, at Her Ma'" charge. Added to y' 
order to Capt Cockburn or y^ other frigot that convoys y' transports to New York, after 
liaving taken on board of him such a (piantity of provisions as he can well stow & taking 
charge of such other shi[)ps or sloops loaded with provisions as shall in that time be ready. 

Order to Cap' Mathews : 

Upon receipt of tbis order you are desired & directed to take y' two transports from 
Great Britain brought to Boston by Capt: Cockburn & with y" first wind bring them round 
Nantucket & put tbeni into y* mouth of y' Sound where we presume they will be safe, & 
return to }• cruise. This is at y' desire of y' Councill of Warr sitting at this place. 

Given under our hands 

J. Dudley. 
F. Nicholson'. 

Coll : Cranson reported to y' Councill of Warr that y' Assembly of y* Colony of Rhode Island 
& Providence plantacon bad consented to y' raising of 100 men, and no more. 

Anri that he desired that \l' George Lee might be Lieu'. Coll. to Coll Nalton in y'' regiment 
consisting of the Massachusets and New Hampshir, where he was Major y' last yeare. 

In persuance of the order for fish for y'' forces al)0ve written. Colonel Hunter wrote to 
M"' Commissary Belcher to procure 700 Quintalls of fish proper for that service 

And to Comedore Cockburn about y* convoying y' two transports from Boston to York 

And Colonel Diulley & Colonel Nicholson signed an order to Capt Mathews to take y' above 
said Convoy of y" transport};, cover'd to M' Secretary Addington to serve in case Capt. Cockburn 
should f'ayle. 

Sa"-! Day. 

It being moved to y^ Councill of Warr for their advise whether it were not for y' service 
& safety of y'' troops on y* land part going toward Monireal, to have a reserve of provisions 
sent with y^ fleet to Queebeck & so to INIonlreal 

Advised that Gov'' Saltinstall do send three months suhsistance & provisions necessary for 
his quota of men in two sloops to Boston to joyn y« fleet & to proceed to Canada, and from 
thence find y' best & safest passage to y' Camp where soever they bee, and y' sloops to be at 
y'' disposall of y^ officers for y'' bringing back any sick or wounded or other service. 

For the supply of ship Carpenters for y* bilding of battoes or flat bottom boats at Albany 
or elswhere : 

Governour Saltinstall is desired to provide tenn good able ship Carpenters and let them be 
sent forthwith to Albany to Coll : Schuyler or such other Officer as shall be appointed by 
Governour Hunter for that service, who shall be paid by her Majesty. 


Advised that GoV Saltinstall provide at y'' best hand and send to Albany 200 beeves 
& six hundred sheep to be delivered to Gov'' Hunter or his order for y' service and subsistence 
of y' troops and Indians; besides what he shall see meet to send for the subsistance of his 
own quota. 

■ Coll: Rednnp attending y= Board was directed to proceed in y* service, and in ord'' thereunto 
to repair to York to receive Governour Hunter's commission for y*" present expedition, & he is 
allowed p' diem for himself & his dark during y« expedition for his extraordinary Service. 

Major Livingston attended y' Board with his Comission as Major & Coniand'' of a 
scout drawn out of y"" forces by y" Comand"' in Clieife of y"= expedition late to Port Royal, 
and his journal in that service. 

The Councill were of opinion that y'' office & service was very necessary and Gov"' Hunter 
was desired to give him comission accordingly, & a letter to y^ Gen" of y^ Forces recomending 
him in y"' name of y' Board, and that he forthwith attend y* General! with a Copy of this 
journall and other observations and be at his directions where to serve, either in y' expedition 
to Queebeck or with y" Land forces by the way of Albany. 

The Governours at y"" Board severally reported that in obedience to her Maj'>' instructions 
they had made strict & generall embargoes in all their ports to prevent intelligence to be given 
to y* enemy of y'' present expedition. 

Governour Dudley acquainted y^ Board that he desired Major Roberton might serve in y« 
Massachusets forces and that he had a company for him as two years past, which was 
acceptable to y*" Board. 

Advised that y^ forces of Connecticut march from their head quarters at Newhaven towards 
Albany y* 2d day of July, being as soon as possible they can be ready, and that Coll. Hunter 
be desired to use all possible expedition with y^ Assemblyes of New York & y' Jerseys to 
hasten y' raysing and mounting of y* severall quotas for those governments. 

Major Generall Winthrop, Coll. Townsend & Lieu' Coll. from Boston attended 

y* Board & gave ace' und'' M'' Commissary Belchers hand what wine, rum, rice, all might be 
had in Boston for y' service of y= Brittish forces; w'^'" was well accepted by his Excellency 
Coll. Hunter, and desired that there jnight be no delay or interruption in y" comeing 
down of their provisions from West Hampshire, which was recomended to Gov' Saltinstall. 
They also presented their challenge of debt from Connecticut and Rhode Island fory^'joynt 
service and prayed that y* Acco" might be recomended to y' Generall Assemblyes of 
Connecticut & Rhode Island. 

In consideration of y" great charge & expence of the travels by sea & land and attendance 
of her Maj'5" Gov" to the present Congress, being y* distance of One hundred miles & 
more, y' Board are of opinion that there should be allowed to y= severall Governours y* 
sumes following 

Governour Hunter 50. 

Governour Dudley 50. 

Governour Saltinstall 20. 

Governour Cranston 2-5. 

Colonell Schuyler 40. 

And that Colonell Nicholson & Coll. Dudley draw for y' payment of GoV Dudlt-y &- Coll. 
Cranston, & that Coll. Hunter & Coll. Nicholson draw lor y^ payment of Coll. Hunter 
CoUouel Saltinstall & Colonel Schuyler. 


Her Maj'-^ in y' eleventh instruction to Gov' Hunter comanding y^ obtaining y*' service of y' 
Maquas, & tlieir scouting & service is recomended to y* officers at Albany and elsvvliere in 
y* service. 

And y' eleventh instruction & y"" second in y^ additionall instructions relateing to y* raising 
of y" Militia be referred to y'' severall Governours, y^ circumstances of y" severall Coloneys & 
Provinces not being possible to be reduced to one form or direction from this Board and that 
the Governours are desired severally to give intelligence to each other of any appearance 
of an enemy & to keep out armed sloops to discover y^ approach of an enemy. 

Governour Cranston desired that y*" vote of y' Assembly of Rhode Island for y^ raising of 
162 men might be accepted for y^ present expedition: the Board doe agree thereunto, provided 
y said number of 162 men do not include officers nor saylors. 

Coll. Hunter reported what he had done to provide Rum & Wine & rice for y^ subsistance 
of y" Brittish forces, which was excepted at y' Board & he was farther desired to proceed. 

Her Majesty having commanded a publick. fast in all Provinces & Governments to 
implore y^ favor & blesing of Almighty God upon y"^ expedition, it is recomended to y' 
severall Gov" to take care therein. 

Colonel Hunter shewed y^ list of Officers sent by her Majesty and oflerd y^ service of any 
number of them to the other Gov" at y' Board: Coll. Cranston informed y' Board he 
wanted none. 

Colonel Dudley referr'd y* Consideration of the affayr, so far as concern'd him, till y' 
arrivall of Coll. Vetch, who was to command his part of y* forces. 

Coll. Hunter is desired to supply Coll. Cranston with 162 fuzees for y*^ service of his quota 
with the other accoutrem" 

Upon reading att y" Board y^ severall letters of the Right Hon''''^ M"' Secretary S' John 
p'ticularly y* letters of y* second and nynth of April to Coll : Nicholson, they are satisfyed 
that all that can be done is proceeded as far as may be untill y' arrivall of y* Generall of y' 
Forces & Coll. Vetch, who is to comand the Massachusets part. 

It is left with Coll. Hunter & Coll : Dudley to settle an express to pass between Boston & 
Albany every ten days & Generall Nicholson is desired to give notice from Albany when y* 
express shall begin. Coll. Hunter's express to come from Albany to Springfield to be performed 
at her Maj'^' charge and Gov'' Dudleys from Springfield to Boston. 

Upon the reading at y' Board y*^ Addresses from Captain Senthach and Capt. Bedgood y* 
principall pilots to Quebeck it is desired that Gov"" Dudley will lay y"" papers before the 
Generall & Admirall that they may be considered for a just reward of their service. 

Her Majesty having directed that Coll : Hunter, Coll. Dudley in concert which Coll. Nicholson 
draw out whatmony is found in any of her Maj'"' offices of receipt in y'' severall governments; 
Ordered y' a Copy of that instruction with a warant from y* s"* Governours severally in joynt 
with Coll. Nicholson and receipt thereupon shall be your sufficient warrant for y" drawing out 
y* money accordingly. 

The Councill recomended it to y' governments of New York, y* Jerseys, Connecticut & 
Rhode Island to make y° same orders, to prevent y' assisting and harbouring deserters, as is 
made in y'' government of the Massachusetts. 

The Councill of Warr having proceeded in what as yet appeard necessary for y' service, 
& it being absolutly necessary that y* severall Gov" all take care in their particular Provinces. 


What shall appear further necessary for y' service of y' land expedition & referd to his 
Excellency Gov'' Hunter & Gen" Aicholson, Coll. Schuj^ler or any other memhers of y'= Board 
that can be present at any time, to be there concluded and proceeded in from time to time. 

Ordered that the troops of Connecticut when they return from y' p'sent expedition shall 
diliver y" arms y"' Queen shall furnish them with to y^ Gov" of Connecticut for y^ time being, 
to be kept by him for his Excellency Gov'' Hunter's order, unless Her Maj'J' shall ord"' them to 
be a part of her Royall bounty to them. 

New London June 22'' 1711. 
Coll. Dudley is desired to adjust y'' accounts of M'' Borland her Ma'^'' Agent fory* Contingent 
Charges, from the time of Coll. Nicholson's last departure from hence to y' Generalls arrival!, 
and direct M'' Borland to draw them fair, fitt to be signed by Coll. Nicholson & Coll. Dudley, 
that they may be thereupon discharged either by money of her iNIaj''" drawn out of y* offices 
of receipt or by bills of Exchange home. 

Era: Nicholsox. 

New Loudon June y' 22"' 1711. 
Sir ^ 

If you please to pay to M'' Sheriff' Prentice five pounds for himselfe and servants attending y* 
Congress and to y^ servants and cooks attending the table, six pounds, and to y^ two Clerks 
attending three pounds each, and pass a note for y' same upon M' Borland her Maj''''' Agent at 
Boston, with a coppy of this letter. Coll. Dudley will take care that it be discharged. 

Your humble Servants 
To y^ Francis Nicholson. J. Dudley 

Hon'''^ Gov'' Saltonstall. Peter Schuyler. Sam" Cranston Ro : Hunter. 

At the breaking up of y* Congress Coll. Nichollson desired that Coll. Dudley would imediately 
upon y* arrivall of his Excellency Gen" Hill, attend him with y^ minutes of y' Congress, the 
proceedings of y^ Generall Assembly of Massachusets,and that Coll. Saltinstall and Coll. Cranston 
will do y'' same for their severall Governments, and that Coll. Hunter will likewise give him ace* 
of his proceedings in y* land service towards Wood Creek Sc" 

Agreed in Councill that if y'= business of y' government of Connecticut will allow it, 
Gov'' Saltonstall is desired to bring up his own troops to Albany his [presence] there being judged 
a good service for y*" expedition or in a short time after y"" march of his forces from hence. 

Ro: Hunter. 
Indorsed B. G: Dudley. 

In Coll: Hunter's of y<^ 12"' Sept 1711. Fr: Nicholson. 

An Account of y* Congress at G: Saltonstall. 

New London June 21. 1711 and their Sam" Cranston. 



Governor Hunter to the Lords of Trade. 

[ New-York Entries, n. 42S. ] 

To the Right Honb'"" the Lords Comniiss" for Trade and Phmtations. 

My Lords. 

I am honoured with your Lordsliips' letters of the IG"" of March with Her Majesty's 
approbation of the Act for assertaining the place of meeting of the Assembly of the Jersey's, 
another of the 10"' of April with M"' Polhamptoii's memorial and M'' Burcliel's letter, and a 
third of the SO"- of June. 

I must begin with humbly begging Your Lordships' pardon for having omitted acquainting 
you with what was (Ujutained iu one of mine to llis (irace the Duke of Marlborough, relating 
to the stores, arms and ammunition in the Forts of this province ; and indeed the Assemblys 
of the two provinces, the care of employing of the Palatines, the Indian affairs the present 
expedition, and the perplexitys in both Governments, iiardly atlbrding me time for natural rest, 
may be allowed to plead for me, if I should unwarilly be guilty of such another omission at 
this time. 

That matter of the Stores is now at an end, and sufficiently remedied by the quantity brought 
hither for the expedition, but can now ."^end no perfect account of what may remaine, because 
I know not as yet, what may be left at Albany, after the Troops employed upon this expedition 
are supplyed. 

As to M"' Polhampton's memorial, I had long ago taken all imaginable care of the musters of 
the four company's, having given strict charge to those that muster them, to pass none upon 
the Rolls but the Effectives, but there is an evil there which wants a remedy, and may have 
occassioned that Gentleman's mistake in liis computation of the numbers of the Effectives 
since the first establishment of these four companys, there has not been one Invalid belonging 
to them, taken into the Hospitals, though they have paid all along for that purpose, as the rest 
of the Army has done, soe that at this time, we have about lifty of that kind, who are not able 
to do any manner of duty, and are a charge to their Captains not being able to subsist upon 
their pay. I humbly propose that some homeward bound Man-of-war, may be ordered to 
transport them to England, in order, to their being received in the Hospital, or to save the 
trouble and expence of trans[)ortation, that Her Maj''' may be moved to give directions to the 
Managers of the Hospital, to enter upon oiitlyer's pay, as it is termed, such numbers of that 
kind, as shall be found by special musters and the Governour"s Certificate to be actually upon 
the place. 

On the 14. of June last I received Her Maj'>^ instructions, with her Secretary of State's letters, 
relating to the Expedition against Canada wherein I bad orders to procure three months 
provisions for 5000 land forces which went by sea and in conjunction with the Governors of 
Connecticut, Rhode Islands and Pensilvania to raise 2000 men to march by way of the lakes 
to Montreall under the Command of Francis Nicholson Esq''; The Quotas were ascertained in 
the Councill of War, according to the proportions in Her Maj""^ General Instr'"* viz' New York 
600 men Connecticut 360. the Jerseys -360. and Pensilvania 240. which with the four iudependant 
Companys makes near that number. Which forces were accordingly raised to a very ievi, 
except those of I'ensilvania, from whence we have had none, and on the 29"" of August last, I 
left them all upon their march beyond Albany towards the lakes, compleatly armed, clothed, 
accoutred and victualled, being to be followed next day by 800 Indians of the Five nations and 


their Allies from Albany. Enclosed Your Lordships have copys of my transactions with tiie 
Indians upon tliis occasion, and of anotlier interview, I luckilly had with tliem immediately 
before I had received iier Majesty's commands, relating to this expedition as they are marked A- 
As likewise the acts passed in the Assemblys of both provinces marked B, and the minutes of 
both Councills and assemblys marked C. I have not time being but just returned from Albany, 
and the packet on her departure, to have my observations on these Acts, neither doe any that 
are material occur to me at present, which is also the reason, I doe not at this time, give your 
Lordships the accounts of these provinces by separate letters. 

I informed your Lordships how odiy the former Assembly of New York, had in a manner 
disolv'd themselves, this Assembly which, consists of all the same members save one, 
unaccountably the day after they had resolved to take the latter part of my Speech, relating 
to the support of Govern't into their consideration, Addressed for a prorogation, they are to 
meet again on Monday next, but to as little purpose, I believe as formerly, for soe long as the 
members hold their Elections by no other tenure, but that of saving the publick money or 
starving the Govern' there is nothing to be depended upon from them upon that score, tho' 
their frequent sessions costs the Country, more than a reasonable support of the Govern' 
would doe. I shall make but one remark more on the conduct of this Assembl}', when by 
inadvertency or design, there happened some mistakes in tlieir acts, which render their passing 
the Councill impossible. I had no remedy left, but after a first reading in Council!, to returne 
them privately to the Speaker, as if they had not been read with a request to amend them in 
their own house, for they will not admitt of an amendment from the Councill, tho' but of one 
word in what they call a money Bill, tho' the safety of the whole depended upon it. This 
conduct how unparliamentary soever (for they will be a Parliament) 1 was obliged to follow 
or baulk the Expedition — 

As to the Palatines, the tumults raised among them, by the ill arts of such as had a minde 
to crush the design have had a quite contrary effect, for since that time, and a new modell of 
management, they have been very busy and very obedient ; I have now prepared near a hundred 
thousand Trees, and in the fall sett them to work about the second preparation. M'' Sackett 
who has the direction of that work, and seems perfectly well to understand it, has prepared 
some thousands in a manner, to produce a quantity of Tarr next spring, but that being little 
better than an Experiment, I doe not much depend upon it. M"' Bridgers having basely 
declined, nay endevoured to betray this service, has promoted it soe that I think Providence 
favours it, for the Gentleman now employed, has been three years amongst the Tarr workers, 
in the Eastern Contry's, and his manner is soe different from M'' Bridger's, that I have good 
reason to conclude, that he knew little of the matter, and would have served only to have 
thwarted the other, and obstructed the design ; I believe if he were strictly examined, he 
would discover upon what inducements he has acted soe treacherously ; I yelded to his 
importunity and let him go to Boston in the Winter, he promising a speedy return, hearing 
nothing from him in the spring when I expected him to attend that work, 1 wrote to him to 
meet me at the Palatine Settlements, which by a letter he refused, pretending want of sufficient 
encouragement. I wrote to him againe with positive orders to repair thither as he was 
directed by Her Majesty's special letter, told him that I had applyed to your Lordships for an 
additional salary for him and put him in mind that he had never been refused money when he 
called for it, but all to the same purpose I protest to your Lordships whilst he attended to that 
work he lived as 1 did, and to my knowledge he did not expend the value of a Crowne, and had 


several sums of money to the value of about thirty pounds from me during that time. I have 
had by this packet a letter from M' Lownds directing me to enquire into some abuses of his, 
with relation to the Queen's Woods. I iiave not had time to make a particular enquiry and 
have only heard in General that instead of preserving, he has wasted them, by giving 
deputations to such as have saw-mills for certain yearly sums of money paid him by them by 
which means all the valuable Timber in these parts is destroyed. 

That your Lordships may informe yourselves whether wee be in the riglit in the pursuite 
of this Manufacture, I will give you an account of M"' Sacketts method of preparing the Trees. 
In the Spring when the sapp is up, hee barks the North quarter of the circumference about 
two foot in length, where the sun has least force to draw out the Turpentine ; in the Fall 
before the sapp falls down, hee Barks the South quarter about two foot and four inches next 
spring, the East quarter for the former reason, about two foot and eight inches, and in that 
fall the remaining quarter near three foot, after which the part above what is bark'd being 
full of Turpentine, is cut down splitt and put into kills for Tarr. 

That noe hands may be idle, wee imployed the Boys and Girls in gathering knotts, whilst 
their Fathers were a barking, out of which he has made about three score barrells of good 
Tarr,- and hath kills ready to sett on fire for about as much more so soon as he gets casks ready 
to receive it — 

Now Mylords, tho' 1 have met with discouragement unspeakable, yet concluding it 
impossible that the wisdome of Her Ma'J'"^ Councills should let drop soe beneficial a project, 
and soe considerable a branch of Trade, when it is in soe hopeful a way, I have launched out all 
the money and credit I could raise in the pursuit of it, tho' I have as yet no returnes to my first 
bills I have drawn ou Mylord Treasurer for about half a year's subsistance for that people 
ending the 24"' of June last, according to the enclosed scheme mark'd D, which I beg your 
Lordships would be pleased to second with your recommendations. I have made the best 
Bridge in all North America, over the River between the Pine Woods and their Settlements, 
have laid in Timber and all other materials for building the Storehouse upon the place and am 
about the purchase of a convenient house without the gates of New York on the Harbour for 
a General Storehouse. Least I should tire your Lordps I shall refer you to my next for more 
particular accounts of this and all other matters. 

I shall only beg leave to acquaint your Lord?' a little with the Deportment of one ISI'" Birchfield 
who came over here Surveyor General of the Customes, much about the time I did. I 
acquainted the Commissioners of Her Majesty's Customs, how he had without cause, turned 
out the most sufficient Gentleman in the province of Jersey's of Collector's place of Amboy 
here, and put in his room the most infamous person in either province ; lie has since that time 
soe persecuted the Collector here M' Buyerly without any apparent cause, and at last suspended 
him without acquainting me with his reasons for soe doing, tho' I had told him before, he was 
a Pattent Officer, and that as such, I conceived he had no power of suspending him, that I 
verily believe he has some secret reasons for his conduct, which he will not own when I urged 
Her Maj'^'^ patent to him, he replyed She had no power to grant such a Patent, which indeed 
stopt my mouth, thinking after that all replyes were needless ; since that time I have received 
Her Majesty's letter, commanding me to allow M'' Byerly his salary during the time of his 
illegal suspension (as it is there called) by the then Lord Cornbury, and to disallow to M"" 
Fanbronier' who executed that office for that time by his LordP'* commission, the sallary he has 

1 Fauconier. — Kd. 


in his accounts made good to himself for that service, which I think will sufficiently justify 
M"' Byerly, in refusing his suspention as to his patent ; I can guess no other reason for his 
conduct, but that he had a mind. to pack a set of Officers, for a purpose very frequent in 
his mouth, that he was sent thither to make his fortune; he is now gone for England and 
W Byerly has acquainted ^lylord Treasurer and the Commissioners of the Customes, very 
particularly with every thing relating to this affair, so that it is needless to give your Lord'ps 
any further trouble about it — I beg leave to subscribe myself with all honour and due regard 

My Lords. 

Your Lordships most humble 

and most obedient servant 
12 Sept. 1711. . Rob: Hunter. 

P. S. I have not time to get a copy of my interview with the Indians before I received M'' 
Secretary S' John's letters, but I have inclosed to him that I had to which I beg leave to 
referr you ; Your Lordships will also receive herewitli the body of Laws of New York from 
1691, as you are pleased to order. 

Conference between Governor Hunter and the Indians. 

[ New-Yort Papers ; Aa., No. 66. ] 

Propositions made by the Skaahkook Indians to his Excellency Rob' Hunter 
Esq'''' Capt" Gen" & Gov"' in Cheiffe of the Provinces of New York the 
Jerseys & the Territories thereon depending in America and vice Admirall 
of the same in Albany the 17'" Aug: 1711.. 

Present — The Honble. Francis Nicholson Esq'^ Lieut Gen" Coll P'' Schuyler 
Lieut' Coll Johannis Schuyler 

The Sachim of the Skachkook said * 


I am come here and brought your Children of Skachkook to see you and am very glad to 
see the Lieut Gen" Francis Nicholson is safe return'' from. great Brittain whom we have not 
seen of a great while, and in Testimony of our joy do give 3 Bevers 


I have pursuant to your commands brought all the men that we have fitt for Service to go 
upon the E.xpedicon to Canada with Lieut Genii Nicholson being 3S in number, and pray that 
you may take care that in the passage of the Troops to & from Canada our Country may be 
secured, and not wasted and destroy'd by the Soldiers, we desire to go before to provide 
ourselves necessaries in our country fitt for y journey, do give a Bear Skin 

Vol. V. 34 


Tlie Governors answer to the Skachkook Indians 

I am very much pleas'' to iind you so just to your Promises & Ingagements, that when 
the great Queen of Great Brittain has occasion for your service and presence, that you are so 
ready to obey, & I make no doubt but that under the conduct of the Lieut' Generall Francis 
Nicliolson Esq" who commands you your behaviour will deserve an acknowledgment from 
Her Majesty & that you will be obedient to his commands 

The Lieut' Generall will take all necessary care that your country be not spoyled nor 
wasted, & all necessary precaution is taken for its defence, during your absence, you may 
march tomorrow morning to your country to provide yourselves with necessaries, & you shall 
have Indian Corn and bread for your march 

I have ordered a present to be made you, you will receive it forthwith from the hands of 
Lieut Coll Johannes Schuyler for your Incouragement 

Tlie Present was as follows 

Every 2 Indians a drest Dear Skin for Shoes. 

Each Indian a shirt. 

Item i Yard & ^ij- of Strouds or Duffells of each one, half for stockings 

§ of a yard for a lapp, 
One half of y'^ Indians, each 2 yards strouds the other half each 2 y'^' 

To each Indian lib Tobacco & 2 Pipes 
To the whole Party 10 Gunns 5 Indian c& 5 other with 2lb Powder & 

4lb Lead each. 
51b Red lead and half a pound of Vermilion for Paint 2 doz Knives. 
10 Hatchetts. 50 flints. 4 kitles. G Looking Glasses. 1 Bar' Beer. 
For the Old Sachim A Coat, A lapp, & Stockings of Red Strouds. 

And the same for his wife of Duffells 
For the other Old Man. A Coat Stockings & lapp of Strouds 

The said Skachkook Indians return her majesty thanks and declare that their lives and all 
that is dear to them is wholly devoted for her Maj"'* Service, and are ready to march pursuant 
to his Excellency's Command and will be obedient to the Honorable Lieutenant Generall 
Francis Nicholson Esquire 

RoBT. Livingstone 

Secretary for y* 
Indian affairs 

Propositions made by the Mahikanders or River Indians to his Excellency 
Rob' Hunter Esq" Capt" Gen" & Gov"' in Cheifte &c in Albany the 
10"- August 1711. 

Present — The Honble Lieut' Gen" Francis Nicholson Esq" 
Coll. Gurdon Saltonstall Governor of Connetticut 

We are come pursuant to your Excell"''" commands to attend the Queens service in the 
present expedition to Canada under the command of Lieut* Gen" Francis Nicholson, we are 
54 men in number and they have chosen me Wampasa for their Capt" and are resolved to live 
and dye with the Lieut' Generall. ^ 


The Governor answered them & said 

That he thanked them for their readiness for the Queens Service & Lieut' Gen" Nicholson 
under whose command they are to be, will talve care that they shall be furnished with such 
necessaries, as they want, for the present expedicon & hopes the will be obedient to his 
command, and the Queen has ordered them a present, which shall be forthwith given them, 
while they are drinking he health in a Barrell of Beer 

The like present was given to them in Proportion as was given the Skachkook 
Indians yesterday 

The 19 lowermost River Indians & 21 highland Indians had their presents given them by the 
Commissioners this 20 Aug. 1711 and were ordered to make tiiemselves ready to march tomorrow 
and joyn Coll Schuylers Regiment 

RoBT Livingstone Secry: 
of y"" Indian affairs 

A Message brought by 3 Sinnekes from Cayauge to his Excellency Rob' Hunter 
Esq'''^ Capt" Gen" and Gov"' in Cheif &'c in Albany y*" 20 Aug. 1711 

Present — The Honble Lieut' Gen" F. Nicholson Esq''^ 

The 3 Sinnekes say that 10 days ago they left the Sinnekes at the Cayauge Countrey, & 
that there were two of the French Indians called Hurons came to the Castle of Cayouge to 
enquire who had killed 2 of their men, that were found dead in the woods, The Sinnekes 
answered it was none of them, some of the Five Nations told the said French Indians, they 
knew well enough who killed their People for the Gov"' of Canada was their ennemy & if 
they would join with liim they would soon revenge the blood of their People y' were killed, 
upon which 3 of y" French Indians who were of different nations said they would take up the 
Hatchet ag" the five nations 

That there were 300 Sinnekes and 100 Cayauges ready at Cayouge and coming along, & 
beleive tomorrow you will have news of them 

Five days ago they mett our two messengers namely Capt" Roseboom & Bleeker within one 
league of Oneyde who desired them to inform his Excellency where they were they gave 7 
Heads of Wampum 

His Excellency answ^ & told them 

That all these tricks and menaces of y"" French were only to amuse the 5 Nations, and to 
bring them oft' from their duty, but that in a short time they would see they will not only 
be able to defend themselves but likewise in a Capacity to revenge themselves of y^ French 

Albany the 24 Aug. 1711 
The Indians of the five nations to the number of 500 or thereabout arrived with the two 
Interpreters, who told that more were a comeing especially of y' Maquase Nation, who were 
carrying over their Canoes from the Maquas River to the Hudsons River 


They lialted upon y"" Hill and his Excellency y^ Governor sent Maj'' Schuyler with some 
drink to refresh them and to bring them down to iiis Excellcy's lodging as soon as they 
rested themselves 

About 2 aelock in y^ afternoon the -5 Nations came all down from the Hill passed by HerMaj'^'^ 
Fort which fired o Gunns as they went by & were conducted liy Coll Schuyler to his Excellencys 
Quarters where the Honb'"" Lieut General! Francis Nicholson was and the Gov' of Connecticutt 
the commissioners of Indian affairs with the Mayor and Aldermen of the Citty and after they 
were all seated on the Ground each nation by themselves 

His Excellency Rob' Hunter Esq' Capt" Gen" and Governor in Chieffe of New York &c 
spake to tliem thus. 


I am heartily glad to see you and that you are come with so considerable a company, 
pursuant to y*^ Queens commands to assist ag*' the Common enemy 

You are to be under the command of Leitenant Gen" Francis Nicholson, whom I hope you 
will readily obe}' and I doubt not but that yon will beiiave yourselves so well that you will not 
only deserve the Present which is sent by Her Majesty and now to be given you, but a 
i'urther acknowledgm' for your zeal and magnanimity in this noble Enterprize 

Tiie other Troups being already gone upon their March I expect as soon as you have 
given an account of yoin- number of Souldiers of each Nation that goe to Canada that you will 
be also ready to march und' the Lieutenant Gen"'' Command, you shall have ammunition and 
Provisions fitt for your journey and houses shall be sliewen you where you shall lodge dur^ 
your stay 

Here is a belt of Wampum which I give you as a token that you are welcome, to this Place 
and Beer Tobacco & Pipes for you to smoak «& drink, and as we are one heart and one hand 
so you are to unite with our people, in whatsoever may further the present design, which is 
notliing less than the reducing the Country of Canada to her Maj''" obedience 

Propositions made by the Sachims of y*^ five nations viz the Maquase, Oneydes, 
Onnondages, Cayouges & Sinnekes, to his Excelly Rob' Hunter Esq"'" Capt" 
Gen" and Gov'' in Ciieif of y" Provinces of New York, y'= Jerseys and 
Territories thereon depend^ in America & Vice admiral of y'' Same in Albany 
25 Aug 1711 

Pkesent — The Honlile Lieut' Gen" Fr: Nicholson Esq''" 

The Honble Coll Gurdon Saltonstall Gov'' of Connecticutt 

Coll Pef Schuyler & the rest of the Commissioners for Indian affairs 

The Mayor & Aldermen of y Citty 

Interpreters Lawrence Claese Jan Baptist van Eps M" IMontour 

The 4 Belts of Wampum and two Bever Skins which Major Abraham Schuyler brougiit 
from the 5 nations in answer to the message of iiis Excellency by which they signified their 
willingness to comedown and assist in the present expedicun against Canada being brought out 
his Execllcy told them that he accepted of their return to his Message and as a token of his 
satisfaction, the said Belts should be kept as a memoriall & Testimony of their obedience and 
subjection to Her Majesty 


Dekannissore Sacliiiii of Omiondage was Speaker 

Pirotlier Corlaer meaning his Excellency the Gov 

Annadaganiax the Indian name of Lieul' Gen" Francis Nicholson 

Quieder that is Coll Peter Schuyler 

We arrived liere yesterday when you told us yon were glad to see us, & bid us welcome, 
and that it was gratefull to you to see us so obedient to the Great Queen of great Brittain's 
command in taking up the Hatchett against the French the Common Enemy We are very glad 
to see the Honble Lieut' Gen" Francis Nicholson safe arrived from England, and that he has 
escaped those two great dangers the Sea and the French Ships of Warr 

We are thankful! to our Brother Corlaer for the Present he made us yesterday of Beer, Pipes 
and Tobacco gave a Belt of Wampum 

Brother Corlaer Anuadagarriax and Quieder. 

We desire that the French praying Indians which were once our Children & are gone from 
us to live at Canada, if tliey will be neutral and sitt still in their Castles, or come over to us 
that they may be pardoned and received again as friends for y*^ great God would be angry at 
us if we should destroy those tiiat sue for pardon and forgiveness, and return to their obedience, 
we know not but some of them may come over to us and meet us at the Carrying place or on 
the lake. 

Brother Corlaer Annadagarriax and Quieder 

Wee are now going upon an expedition against Canada and tis very probable we shall not 
take the Country without fighting we desire therefore to know how we shall behave ourselves 
towards the French, when we take them Prisoners, it being the Indian Custom to give such 
Prisoners as are taken of the Enemy, to those families that have lost their relations in battle, 
who have the sole disposall of them, either to kill them or keep them alive, but you Christian 
save your Prisoners and exchange them for your people we desire a speedy ans"' to this, how 
we shall dispose of y'' French Prisoners, and also how we shall use the Indian Prisoners, we 
will be obedient to. the orders & commands of Lieut' Gen" Nicholson in this & all other 
respects, as for our parts We shall be willing to use the Inaan Prisoners with the same 
clemency and humanity as you do your Christian Prisoners 

Since we arrived we went to all the Indian Traders and ask** if they went on the expedition 

.to Canada who all tell us they stay at home, we desire they may go along, for there will be 

no Bevers to be traded when we are gone, and they ought to be a good example to others, for 

if Canada be taken the Trade of this place will encrease therefore it behoves them to go 

along by all meanes 

We are now a considerable body of Christians and Indians which go to Canada, we desire 
that matters of this moment may be maturely consulted together, and that nothing may be 
done rashly without good deberacuii, for as we are Indians we know the ways & methods of the 
Indians best as you do of the Christians but you are to have the Cheif command which we will 
obey Our old Sachims are come on purpose to instruct our young souldiers iu the Art of Warr 
we doubt not of being successful! if affairs be well concerted, for w'e have had loug wars but 
always overcome our enemies at last 

Brother Corlaer Annadagarriax & Quieder 

You were desirous to know the number of our men which we brought hither and tliat go 
upon this expedition which are 


Of the Siiiekes ISO 

Of the Cayouges 1--37 

Of Onnomliige 9S & some more a coining 

Of Oneyde 90 besides 20 more 

Of tlie Mohaggs 140 expected from y"^ South"'' 

Of the Showanoes 2G 


The rest of our people stay at home to secure our Countrey from the insults of the French 
and their Indians as the lllcmiiinder of tlic sentence torn r;//.] 

Urother Corlaer Animdagarriax & Quieder 

You ordered us likewise to invite the River Indians to go upon this expedition, which we 
willingly did, and the number of them now ready to march is 9S. 

We are also desii'ons to know the number of the Christians that go with us bj' land, that 
we may be iufornr' of the whole Strength & if you cannot count them to night you may give us 
the account tomorrow, as also the number of the Batocs we fear there are not Batoes enough 

It is now in your Tower to order the Forces to march when you see convenient, but we 
desire that when the body of the army moves that Lieut Gen" Nicholson or Coll Schuyler 
may march with us, to Prevent all irregularities and enormities that may happen among such 
a number of men 

His Excel^y y*" Governors answer 

I am glad to find you in the same mind as you came here withall, to march with 
Lieut' Gen" Nicholson against the enemy, and I may venture to Promise you by Gods assistance 
such a result as will Procure you the quiet possession of what you have. Increase of your 
wealth and long peace to you and your Posterity 

Lieut Gen" Francis Nicholson, being arrived safe from England has brought the Pictures of 
the 4 Indians that were in great Brittain last year, & gave each Nation a sett & 4 in Frames 
with glasses over liiem to be hung up in the Onnondage Castle the center of the 5 nations 
where they always meet 

The Governor proceeded & said 

That as for the praying Indians or any other Indians that will submitt & come over to us, 
or not joyn with the French, they shall be received with open arms, I hope you will do your 
endeavour to bring them over 

Prisoners of Warr are in the Power of the Gen" He Promises to give you what Indian 
Prisoners shall be taken and you are to give over the Christian Prisoners which you shall take 
according to your own Proposall. 

As for the Indian Traders all that have a good will to the work will go, & those that liave 
no good will 'tis better to be without them then with them 

I beleive the matter of this expedicon is so well concerted, that there is no doubt of success, 
neverthelesse the Lieut' Gen" will be willing to consult your Sachims in matters relating to 
the Indians, as he did formerly, and therefore it will be requisite that some of your Sachims 
go along 


I am very glad to hear you are so good a number, and as for the number of Christians, that 
go along with you, you shall know it in the morn^^, As for the number of the Fleet & those 
that goe by sea, those men of yours that were at Boston has been able to give you an account 

The Christian Forces are already marched, and the Lieut Gen" stayed only for your 
coming, and is ready to go along with you 


I desire you to hang on the kille of Warr, there are 5 oxen, one for each nation to be given 
you fortliwith & a Barr' Beer for each Nation and to morrow you shall receive the Present 
which the Great Queen hath sent you 

The Queen has sent me orders in conjunction with Lieut' Gen" Nicholson, to build Fort 
Ciiappels & houses for missionaries in your country, which we shall fall about as soon as the 
Expedicons is ov^r the missionaries being expected from England speedily there is carpenters 
& Smiths Tools sent over by the Queen for that purpose 

Here the Lieut' Gen" gave them the Archbishops letter 

Now the five nations may plainly see that Her Maf has granted both their Petitions that is 
the Reduccon of Canada & to build Forts & Chappells, & plant Missionaries in their Castles 
& I doubt not but your future Behaviour will entitle you to Her Maj''"' further favour 
and countenance 

His Excellency ordered some Coehorn mortars to be fired in the Pasture in the 
presence of all the Indians, at which they were much amazed hav? never 

seen the like before 

Rob' Livingstone 
Secry : for the 

Indian Affairs 

Proposalls made by the Sachims of the five Nations to His Excellency 
Rob' Hunter Esq" Capt" Gen" and Governor in Cheifte &c in Albany the 
26"' of August 1711 

Present — Coll Kilian van Renselaer Lieut Col Job. Schuijler 
Maj'' Dirk Wessells Maj"' Abraham Schuyler 

Capt° Evert Banker 

Interpreters Lawrence Claese John Baptist Van Eps 

Brother Corlaer 

You acquainted us yesterday that the Great Queen of Great Brittain had granted us our 
Requests, and had sent orders for building us Forts Chappells and Houses for the Missionaries 
in our Countrey, & also sent hither smiths tools & Carpenters Tools for that purpose, we own 
that it was our request and can say nothing to it now, because we are going to the death, 
meaning the Warr, but if we return then we shall [talk] about that matter The reason why we 
desired Forts &c was to preserve us from our Ennemies for we were surrounded by the French 
and Dawaganhaes on all hands 


Brother Corlaer tlie Indian name of the Gov'' of New York 
Annadagarriax the Indian name of Lient' Gen" Nicholson 

We are very thani\full to you that yon have so great a love for us, & that the Queen has 
denyed none of our requests, and being informed that our Secry Rob' Livingstone (who has a 
comission from our Gracious Queen and lias with great Pains trouble and charge served in 
that station for many years last past) is not paid his Salary here, we tlierefore pray you, that 
you will both be pleased to us your Endeavours with lier Majesty of Great Brittain that he 
may be paid his Salary there 

The 5 nations gave in an account of tlieir men that goe u|)on the expedicun, with bundles of 
Sticks for each Nation in regard some more of tlieir [)eople were come since yesterday and tlie 
exact number is 

Of the Sunnekes 1S2 

< )nnondages. 


Sliowanhoes who are und'' 2(j tiie Sinnekes (_)nev(les 93 

Cayouges 127 

Signed by 

Lawrence Clason 
Jan Baptist Van Eps 

Justies of I'ace 

Maquase 147 & 4S in all 155 

Kob' Livingstone Secry 
for y* Indian Afi'airs 

Albany the 27"' of Aug 171 1 The following Presents were given by His Excellency 
to y* five nations who were told that tiiey were sent them b}^ the Great 
Queen of Great Brittain 

I'kesext — The Honble Lieut Gen" Francis Nicholson Tlie Commissioners of y' Indian affairs 
The Mayor & Aldermen of the City 










To tlie Shiuikos iiuJ Sliowauliocs.. 
To the Mohogas 

















To tlie Cayoui^e? 


41 y t 2e,p. 

100 1 100 ■ r,s2 

0.S2 1 200 




5 ' 

In all to the 5 Nations 360 Hatchetts 419 Faddom of Stroud Waters 263 Faddom Duffells 100 
Kittles 100 Looking Glasses 0S2 Shirts 6S2 Knives 200 Guns 12 Gross of Pipes 25 Cases of 
Lead, 5 Cases of Tobacco. 5 Bagsrs of Shott. ■ 

•" After the 5 nations had divided their Presents His Excellcy the Gov 

Robt Hunter Esq''*' &c. said 


I do now engage you to persevere in the Warr, till it comes to a happy conclusion, & do 
oversett the kittle of Warr, (which is a symbol or token that they are not to desist or leave 


off) I deli" r you over to tlie command of Lieut Gen" Francis Nicliolson with whom j'ou aie 
to live and dyo, and thereupon give you 5 Belts of Wampum 

Which were taken by Dekanissore the Speaker wiio repeated His Excellencys Proposition 
& said would make their answer to-morrow 

Proposalls made by tlie Sachvms of the five Nations to iiis Excellency Rob" Hunter 
Esq''" Capt" Generall and Gov" in Cheiffe &c in Albany the SS"* Aug 1711 

Present — The Honble Lieut' Gen" Francis Nicholson 

Coll. Gurdou Saltoustall Gov"' of Conneclicutt 

Interpreted by Lawrence Clase and M" Montour 

• You told us that we sh"" be obedient to the Lieut' Generall Francis Nicholson & should love 
him & be obed' to his commands, we promise to be trie to him & obedient to his commands 
& will live and dye with him & therefore we desire that we may be united for unity makes 
strength & we desire further that we may ask one anothers advice, which is the best way to 
carry on this great design that we may once wholly subdue the French of Canada 

You told us also that we were to march to the Enemy to day & you have painted us & 
you have oversett the kettle of Warr 

We desire that the kitle may not be oversett nor turn'd upside down, but remain boyling 
wh'^'' is our custom, meaning that the War may continue, but if God please to bless, that we 
reduce and wholly subdue Canada then it is in your power to oversett the kitle of War and 
turn it upside down, which is as much to say that the Expedicon is over atul then what is 
boiled in it meaning the Prisoners are at the Disposall of the Lieut' Generall as he shall see 
cause upon which they give 5 Belt of Wampum 

Brother Corlaer Amiadgarriax & Quieder 

You acquainted us that Her Majesty granted our two Petitions viz the Reduction of Canada, 
which we hope will succeed and that we were to have Forts Chappells & Missionaries Houses 
built in our Country & that the smiths and Carpenters Tools were come for that purpose 

Which propositions were made to the souldiers who made ans"" two days agoe, but not a 
suitable one, nor to the purpose, Now we Sachims desire that Fortifications Chappells & 
Missionaries houses may be built, and are extreamly thankfull and gratofull to Her Majesty 
for her Gracious bounty & Goodness in that respect & shall be glad that Missionaries & 
Smiths come to live among us, & we are very thankfull to your E.xcelly & to the Lieut 
Gen" Francis Nicholson who have been instrumentall to procure this favour of her Majesty and 
we hope you will see it effected according to the Queens good will & pleasure, but we do not 
mean neither do we hope that you will put such a construction upon it that we part with our 
land, when we tell you that we are glad to have Forts and Ministers there did give 
8 Bever Skins 

Brother Corlaer 

You told us yesterday to be ready to day to march but our Arms are not yet fitted, most of 
our Gunns & Hatchetts are at the Smiths to be mended as soon as they are done we will sett out 

Vol. V. 35 


The Governors Answer 

I have given you over to the Lieutenant Gen" who you know loves you, and will be as kind 
to 3'ou as to his own ciiildren and hope you will be obedient to his Comm''^ 

I consent that the Ketle of Warr may be kept boyling till tlie expedicon is over and then 
it is in the Lieut' Generalls Power to oversett it, and he will take care to use you kindly in 
respect of the Prisoners 

It is my great joy to see you hearty and sincere in your desires of having Forts, Missionaries 
& Smiths, which I look upon as the best and surest way to unite us for ever, and as soon as 
the expedition will allow it shall be fallen upon but by the building of P^orts we lay no manner 
of claim to tlie land your Possession siiuli remain your own as heretofore and the building 
Chappells and planting Missionaries among you is only designed for the Good of your Souls 

All the Smiths in Town are employed in repairing your arms, which we hope will be done 
tomorrow and so you may be ready to march in the evening for all the Troops are marched 
and the Lieut Gen" only stays for the Brethren 

Rob' Livingstone 

Secry of the Lidian 

[New-Tork Papers; Aa. No. G7.] 

Propositions made by y* Sachems of the five Nacons Viz the Maquase, 
Oneydes Onnondages, Cayouges & Sinnekes to His Excellency Rob' Hunter 
Esq"^" Capt° Gen" and Governor in Ch'ff in and over the Provinces of 
New York, New Jersey, &c 

Present — Coll Pef Sclniyler one of H ^Lai'>■' Councill 

John Cuyler. Peter van Brugh Hend Hansen 

John Schuyler Mynd. Schuyler Joh' Roseboom 

D'Kannissore speaker 


When the French were in our countrey last they desired us, that we should not accept of 
tlie Hitchett when Coll Nicholson should arrive from great Britain, which we have promis'd 
not to do, but it is only to satisfy y' French for dissembling we have learnt ol them ( this was 
spoken privately being some Indians of the French Faction were p'sent. ) 

Brother Corlaer & Quieder 

We are arrived here all the five nations when the Deputies of the Gov"" of Canada were 
among us, they desir'' us not to accept of the Hatchett when offered to us, whicii we promised, 
and they propos'd that Christians should fight Christians, We likewise desired that Christians 
shall sit Still, especially those of Albany and Mountreal seeing there are always of our Indians 
in both Places who would have a great loss by a war 

Brother Corlear & Quider 

This is the Proposition which we have promised to the Governor of Canada's Deputies we are 
not hke you Christians for when you have taken Prisoners of one another you send them 
home, by such means you can never rout one another, We are not of that Nature, When 
we have war against auy nation, Wee endeavour to destroy them utterly. Gave ten Bever Skins 


Brotlier Corlaer & Quieder 

The French who have lately been in our Castles came unawares upon us, they desire to 
have liberty to build a Block House in our caslle which we granted them being that we had no 
Powder to withstand them for Powder is the cheif thing to war with and wanting among the 
five Nations and that they should let us live, and when this House was most finished CoU 
Schuyler came with orders from your Excellency to break the said House down to whom we 
gave that liberty 

Brother Corlaer & Quider 

The Queens arms are brought among us to hang in our Castles, but those arms cannot 
defend us & the enemy will not be afraid of them, what we want is Powder to defend 
ourselves against the common Enemy 

Brother Corlear 

We have from time to time desired all Governors, that goods should be afforded Cheaper 
but was never promised us. We desire your excellency to derect the Traders to afford goods 
cheap'' (We desire this because you desired that y* House should be broke down wherein 
we thought to have lived a day longer) for if you order that, it will be done. We do not 
desire it of Quider, but of you, for he must obey your commands if you do not order this, 
We will be as pour as dogs, do not say that it is not in your Power to grant the request. 

I speak in the name of all the five nations what is spoken and to be said, the Presents which 
are given to us is if you did take them and throw them in the water, being we are so numerous 
and every one gets so little thereof, but let goods be afforded Cheaper then we shall 
have benefit thereby and if granted the old & young men of our nation shall be trusty to 
her Majesty 

I desired you just now that goods may be afforded cheaper, and do it again, for the last 
time that you may have compassion over us, which if not graunted. We will be as poor as 
dogs, and shall be necessitated to leave our Castles and be no more a nation, if you have 
compassion with yourself, and us, let Powder above all be afforded cheaper, all this was 
concluded by us before we departed from our castles Gave ten Bever Skins. 

Brother Corlaer & Quieder 

This is the last time that we shall desire that goods may be afforded cheaper, and if not 
graunted we the Sachims will have no more to say or command over our young men then 
dogs, you know dogs cannot speak 

After the foregoing Proposition was made D'Kanasore said he had forgot to acquaint his 
Excellency that there are no French among the five Nations 

His Excellency's answer to y* said Sachims 

1 take this to be an assurance in the name of the five nations, that as they are joined with 
us in one Interest by one Covenant Chain that they will keep true and faithfull to the same 
and run the same Fate with us upon all occasions and punctually obey all such orders as they 
shall receive by me from the Great Queen 

1" I thank you for communicating so sincerely what pass"* between you and the French 
Deputies nevertheless I expect and promise myself that nothing shall be able to turn you 
aside, from that duty & allegiance and obedience you have so often promis"* to the Queen 


2' 1 take this to he an Insiiuiatioii of tlie French in order to frigliten them from tiieir duty, 
hut I i\no\v tliem to he men of courage and will not he freighted hy hig words especially 
seeing whilst they remain faitlifull and true, they are well assured of heing protected and 
seconded if attaqued the Falsehood of the French appears in this that at the same time that 
they propose that only Christians should fight Christians, they have sent for the farr Indians to 
engage y™ in aWarr against hoth Christians and Indians, which is well known to them, and for 
that reason I desire that none of you may go ahroad to make a needless warr when you may 
perhaps have occassion to wage War near home 

3 The Queens arms are only a sign of Her Sovereignty which I hope they will continue to 
own and defend against all such as shall make any attempts against it, and that may he the 
better enabled so to do, I liave grant^ their request and ordered to each nation a good quantity 
of Powder and lead for that purpose 

4 That I am sorry their Funs bear so low a price the wnrr is tlie occassion of the falling of 
Price of all such goods, for what they may have occassion to purchase of the people here 
effectual care sliall be taken lor the future tliat none of them shall be cheated or overcharged 
so that whoever thinks himself hardly dealt with by the handlers has nothing to do but to 
api)ly to the Commissioners of the Indian affairs here wlio have orders to see justice done 
them and to punish the Offenders, and to p''vent all such ahuses for the future, I desire that 
they may always incamp upon the hill or in some convenient place near the Town until! such 
time as conveniencies be huilt for tlieni from whence they can go from House to House in the 
Town & sell their Goods to the best bidder, without lying under the Tyranny of their 
Landlords, who as I have heard have used them ill 

Albany lO"- 1711 
Propositions made privately by some Sachems of y^ Maquase, Oneydes Cayouges 
@ Sinuekes to His Excelly FJoht Hunter Esq''' Cap'" Gen" & Gov in Cheif 
in and over the Provinces of New York, New Jersey &c at about 11 oclock 
at night 
Brother Corlaer 

I[n] puhlick Propositions to your Excellency this day we acquaint'* you what the French 
messenger had desir'' of us, to have liberty to build a house in our Country, and that we 
should not accept of the Hatchett when offered to us, which we granted and promised y" out 
of tear, but not out of inclination and with an upright heart for he always dissembles and so 
we will to him but we do assure you, that we shall always be ready at your commands on 
any occasion, and keep to the ancient Coven' Chain 

We have told the Gov'' of Canada that only Christians should fight Christians, Brother You 
may be assured that we shall be ready on all occasions where you'll command us to go We 
told him this to put him off and satisfy him, why should we be trusty & true to the Governor 
of Canada, he has had several! times war with us and slain of our people but we never had 
any dispute or difference together, and are with you one body, if one joynt is wounded the 
whole body is full of Pain 

His Excellency made y'" the following answer 

I am very well satisfied in the declaration you have made @ assure you of all the Protection 
that this Government can give you and keep to the ancient Covenant Chain I trust to you all 


wl;o are Iiere present to acquaint this Government for the future with all the Proceedings of 
the Frencii among you the five Nations and in confidence thereof have ordered you to be 
given a privale Frrsent tomorrow 

Examined by 

Phillip Livingstone 

D Secry of Indian 

General Hill to Governor Hunter. 

[ New-Tork Colonial MSS. Albany, LVI.] 

From on board her Maj''^' S Windsor 
2-5"" August 1711 at the River of S' Laurence. 

You must prepare your Self to hear a melanciiolly account of tlie disasters tliat have 
happend to us, after a tolerable good passage from Nantucket Bay to the mouth of the River 
S' Laurence, which wee performed in a reasonable time. The wind came up at ESE the 22'^ 
of this month, fresh gales, the fairest that could blow for going up the River, but a great fogg 
coming on obliged the Admirall to make the signall for lying bye till day light, by what 
accident, whether Tide or Current, I cannot pretend to tell you, being no Seaman, wee fell in 
with the North Shore about half an hour after tenn at night, and lost eight of our Transports, 
besides a Ship Laden w"" provisions : The Men of Warr for the most part very narrowly 
escaped, especially the Windsor, which lay day and night, within less than pistoll shot and 
between two breakers, where she must unavoidably have perisht if it had not fallen Calme, 
and the Wind the very moment Wee dropt our Anchors, come right oft' the Shore' which was 
not above Half a League from us. 

The next day and the day after we were employed in gathering from the Shore the Scattered 
remains of Almost Six and twenty Companys of Seamours, Kanes, Claytons, and Windness's 
Regiments which wee find are all perisht to a very Small Number that we have Saved and are 
now Saving, for the knowledge we already have of those lost amounts to one thousand. 

The Admirall and Captains of the Ships of Warr since this Misfortune finding unusuall Tides 
and Currents so farr as Wee are come in this River and Expecting worse the further we go 
held this day a Consultation by the inclosed Coppy of the result of which You will find that 
they were unanimously of opinion that the River is wholly Impracticable by reason of the 
Ignorance of the Pylotts wiiich were given us at New England therefore Since Wee are to be 
governed by their Judgments in the Navigating part and can consequently proceed no further 
on the Execution of her Majestys Comands at Quebeck, the Land Officers under my Comand 
are of the opinion that we Should forthwith return to Spanish River and their Consider, what 
may be further attempted for her Majestys Service and I desire you will with all imaginable 
hast send an Express to M"' Nicholson w"" the inclosed Letters for his acting or returning, with 
the fibrces under Lis Comand to N. York as he shall think most for the Service. 

What method you and M' Nicholson will find for informing tiie Indians and keeping them in 
the Queens interest I must leave it intirely to Your Judgment & Management 


I am soe much afflicted with the present Calamity of our troops that deserv'd a better fate, 
that I have no other support but the thought of this being a Stroake of Providence must be 
submitted to, and that I know not any one thing in my own Conduct since I enterd upon this 
Command, wch can give me the least uneasyuess or fear of Reproach. I am D'' S"' with the 
greatest truth and sincerity 


most faithfull ser : 

J Hill 

Conference hetween Governor Hunter and the Indians. 

[New-Tork Colonial MSS. Albany, LVI.] 

Present — Leiv' Gen" Nicolson The Commiss" of the Indian Affairs 

Proposition made by the Sachims of the 6 Nations to his Excellency 
Robert Hunter Esq'' Cap' Generall and Gov' in Ciieife of the Provinces of 
New York New Jersey &"= in Albany the 9"' October 1711 

D' Canasore Speaker 

Brother Corlaer annadagariax & Quieder. 

Yesterday we told you what we had then to Say. now only ad that this Citty and 
Schinnechtady may be fortifyd with all Speed being open, and if the Enemy should Surprize 
yow they might take the Towns with ffifty Men. 

The Reason why we Say you shall fortify your Cittys being we see god is against us and 
that we shall Receive the first Punishment from him for we Cant go forward to Reduce Canada 
liaving Returned twice. 

This is all what we told you yesterday we had to propose, and were Ready to returne home 
this morning only that two of Each Nation should Stay 

His Excellency answerd thera 

It is evident that no part of this miscarryage can be imputed to any want of duty or 
Readyness in yow or diligence or forwardness in us, So I shall take Effectuall Care that an 
Enemy who So lately Trimbled at the name of us shall not dare to assault any of yow or us. 
For that purpose the guards upon these fronteers shall be increased forts forthwith built one 
in the mohaks Castle, and people prepareing Necessarys to build another at Onnondage in the 
Spring w'^'' shall be garrisond by forces from hence where yow may retreate to in time of 
Danger there shall Smiths be sent for yow and as soon as Missionaries arrive from England 
they shall be Sent among yow I take it very kind for your Care of this place & Schinnechtady, 
having already orderd for the fortifying of them, 

I know not what Resolution the great Queen shall take for the Renewing of this Expedition 
but hope that yow will be in Readyness if it shall be again intended. 


I have been informed that Many of your people have taken horses Belonging to New England 
and this place, w'' I desire may be sent back and that many Catle is kild by them tho' they 
have been in no want of provisions w*" I impute to your young men and Exhort you to forbid 
them not to do so any more for the future 

as to the Garisons which shall be Planted among yow I desire that yow may Live Like 
Brethren with them, seing they shall be your defence and Security 

Touching the houses yow desire to have built upon the hill for yow to Lye in, they Could 
not be made since the time yow departed from hence but I shall take Care to Lay your desire 
before the Assembly, that tliey may be built and the Traders not Impose on you any more 

I make no doubt but yow will be true to her maj" alligence that yow may Expect all 
Imaginable Support from her and So Comand yow to the protection of almighty god Gave a 
Belt of wampum and one Barrel Beer 

Hendrick the Mohocks Sachim Stood up and gave his Excell"'^' a Letter for iiis 
' grace the Lord arch Bishop of Canterberry and Said 

We are thankfull to the Great Queen for her Great Care She takes to convert us to the 
Christian Religion gave a belt of wampum, and thankd his Excellency and Liev' Gen" 
Nicolson for the Great Trouble they have taken in this Affair, and doubt not but they shall 
see this necessary work Effected and desire that Gen" Nicolson will be pleased to deliver 
that Letter and lay our wants before our father his Grace the Lord arch Bishop of Canterberry 
and Gave one Belt of wampum 


Yow desire that we should live in peace and friendschip with those yow shall order for our 
guard & Security w"" we promise to do for we are on head one heart &^ 

A True Copy Examind 

P' Philip Livingston D Seer 
of the Ind : Afairs. 

Contract to build Forts in the MohaivTc and Onondaga Countries. 

[New- York Colonial MSS. Albany, LVI.] 

This Indenture had Made and Concluded at Albany in her Majesties Province of New York 
in America this Eleventh day of October In the Tenth Year of y* Reign of Our Sovereign 
Lady Anne over Great Brittain ffrance and Ireland Queen defender of the faith &c and in y" 
Yeare of our Lord One thousand seven bunder and a Eleventh Between Robert Hunter Esq"' 
Cap' Gen" and Governour in Chief of y* aforsaid Province And y' Hona'''* Coll" Francis 
Nicholson of the one part And Garet Symonce Barent Vroman Hendrick Vroman John Wemp 
and Arent Van Petten of Schenectady in the County of Albany in the forsaid Province of 
New York Carpenters of the other part Witnesseth That it is hereby Agreed between the said 
Partyes to these presents that y« said Garet Symonce Barent Vroman Hendrick Vroman John 


Wenip and Arent Van Petten shall Build two forts in the Indian Country According to y 
Argeenient herein after Set forth Viz : the said Garret Symonce Barent Vroman Hendrick Vroman 
JoimWemp and Arent Van Petten Doe for themselves their Heires Executors and Administrators 
Covenant and agree to and with the s'^ Robert Hunter Esq'' Governour as aforsaid and the 
said Coll" Francis Nicholson their Heirs Executors and Administ" that they y*^ said Caret 
Symonce Barent Vroman Hendrick Vroman John Wemp and Arent Van Petten shall and will 
forthwith Repare into the Moehoques Country and there Build a ffort One hundred and fifty 
foot square the Curtains made with Loggs of a foot S(|uare Laid one upon another and pined 
together till they Reach the hight of twelve foot Att Kacii Corner a Block house twenty four 
foot Square Two Storyes high Duble Loopholes the Rofe to be Covered with Boards and then 
Shingled the undermost part or Ground room to be nine foot high the Upper Eight foot both 
well lloured with Boards the logs of y"" Block houses to be nine Inches Square and Bedsteads 
and Benclies In Each B[l]ockhouse for twenty men and in each Block house a Chemney 
towards y' Inside of y^ said ffort with Scaffolds five foot wide along Each Cortain from one 
Block house to another And also a Chaple in the Midle of the ffort of twenty four foot square 
one Storye Ten foot high with a Garret Over it well Coverd w"" Boards & Singled & well 
flowrd A Seller of fifteen foot Square under it Covered with Loggs and then with Earth The 
whole Chaple to be well floured Provided always that the said Garret Symonce Barent Vroman 
Hendrick Vroman Jolin Wemp And Arent Van Petten are allowed time for the Completing this 
work till the first day of July Next Ensueing And only Obliged hereby to finish one Block 
house in Manner as aforsaid for Immediate Service in y"" Mohocks Country this Wintter And 
ye said Caret Symonce Barent Vroman Hendrick Vroman John Wemp And Arent Van Petten 
doe also for themselves their Executors and Administrators further Covenant and Agree to and 
w"' y"^ said Rob' Hunter Esq'' Governor as aforsaid And the said Coll" Francis Nicliolson That 
they y' said Caret Symonce Barent Vroman Hendrick Vroman John Wemp and Arent 
Van Petten will soon after they have finished the aforsaid worke in the Mohocks Country 
Repair to Onnondage and there Build Another ffort Chaple and Block houses of the Same 
Dementions and under the same Restrictions and Directions as y' aforsaid ffort Chaple and 
block houses in the Mohocks Country Excepting Only that y* Chaplee and Block liouses in 
Onnonge may be singled upon Laths Instead of Boards & y'' ffort Chaple and Block houses 
may be made of such Logs as may be most Conveniently got there Provided they are good 
and sufficient for that Service and the flores to be Laid w"" splet wood, in y' place & stead 
of Boards Provided at all times that if by any Insults of the Enemy or Outraiges 
of y"^ Indians The said Caret Symonce Barent Vroman Hendrick [Vroman] John Wemp 
and Arent Van Petten should at any time be hindred in their performance of this 
Argreement That they be paid and allowed for what work and Expences they shall at such 
time have been at and performed in proportion to y' whole undertaking And y* said 
Rob' Hunter Esq'' and y^ Coll" Francis Nicholson Do for themselves their Executors & 
Administrators in Consideration of the work to be performed as aforesaid Covenant and Agree 
to and with y' said Caret Symonce Barent Vroman Hendrick Vroman John Wemp and 
ArentVan Petten And theirExecutors Admin''' and Assignes That they y' said Robert HunterEsq'' 
And Coll" Francis Nicholson or their Executor or Administrators Shall and Will pay or 
cause to be paid unto the said Caret Symonce Barent Vroman Hendrick Vroman John Wemp 
& Arent Van Petten their Execf' or Adminis''' one thousand pounds Current Money of New 
York at y' severall times and in Such proportions as is herein after Exprest Viz One hundred 
pounds in a Bill of Exchange Within ten day after y" Date hereof four hundred pounds more 


when they shall have finished the aforsaid agreement for tlie Mohocks Country and live 
hundred pounds more Like Money when tliey shall have Completed the whole hef'ore Recited 
Argreement of Onnondage the Bill of Exchange to be Drawn payable at thirty days sight 
The said Caret Symonce Barent Vroman Hendrick Vroman John Wemp and Arent \'an I'etten 
hereby obligeing themselves their Executors Administrators and Assigns to the y^ Efii-ctuall 
finishing tiie said rtbrt Chaple and Block houses At Onnondage by the first day of July which 
will be in the Year of Our Lord one thousand seven hundred and thirteen, Jn 'J'estimony 
whereof the Partyes to these presents Interchangeably sett their hands and Seales the and 
Year first above written. 


Signed Sealed and Delivered Arext Van A/-' Petten Jax Wemp Hendrick Vroman 
in y* Presence of ""'■'^ 

K. V. Rensselaer Barent Vroman Garret Svmonce 

Myndert Schuyler 
Rob' Livingston Junior 

^ I » < »♦— 

Commissioners of Indian Affairs to Governor Hunter. 

I New-Tork Colonial MSS. Albany. LVI. ] 

Octob' y' 20"" [1711.] Cap'" Johannis Bratt and David Ketlin was going from their houses, 
towards Skacktege, Where y'' Indians live ; they mett an Indian with his Gun on his Shoulder, 
David Ketlin spoak to him; in the Indian Language; ask't him; where he was agoing; he 
answered, A hunting, Ketlin Askt him why he went alone he said his Comp^ was in the Woods 
Ketlin went towards Cap'" Bratt, Saying in Dutch, that he did not know that Indian, the 
Indian seeing him speak to Bratt, Cockt his Gun; and Shott Bratt dead on his horse, Ketlin 
run at the Indian, as he was going to strik him with his Ax, and gott w""!!) the Ege of the Ax, 
The helve hitt him on the shoulder ; he threw the Indian down, and in the fall Ketlin ; gott the 
Ax in his left hand, the Indian told him that he must dy ; for their was twenty ffreuch Indians 
on each side of Hudsons River; Ketlin told him, that he should dye first, in shifting the ax 
to his right hand ; the Indian gott clear Ketlin run after him, with the ax to kill jjim ; A \'ine 
caught him by the foot and threw him down, so the Indian gott clear; Ketlin brought the 
Indian's Gun and Ax home ; he got some people together, and went for the Corps, which was 
brought to Albany the 21 Ketlin with his family, and his Brothers wife, and two Children and 
tiiree Soldiers Staid at his house that night; about 12 o'clock, he heard some body knock at 
his door ; he askt who was there, an Indian Answered him; it is I; open the door; he askt 
the Indian, in y* Indian Language, Where are You come from, he Answered from the other 
side of the River ; Ketlin said may be you will cheat me ; the Indian said no, op6n the door 
Ketlin open'd his door; the Indians fired six Shot at him. As soon as he appeard, his Son a 
boy of Sixteen Years old ; and the three Soldiers took their Arms and an Indian Boy that was 
in the house and ffired on the ffrench Indians, and kept them out, till the Indians sett the house 
Vol. V. 36 


on fire, which forc't them out, one of the Soldiers went out first, the Indians fired two shot at 
him, as he came out; And Iviild him; At the same time, another of the Soldiers run by; six 
of them pursued him, and tooii him prisoner ; the otiier Soldier lired out of the door and 
endeavoured to get clear, tliey shot him dead, As he fell a Negro boy run by, the followed him 
and took him ; Ketlins Son tired severall Sliott, till he was Shott thro' the shoulder; he came 
out and they took him Prisoner, when they was laying liold of him, the Indian Boy run out, 
they shot him thro the left side of his breast and thro the fleshy part of his Arm ; lie still run 
from them and made his Escape into the bushes, then the two women came out asking for 
Quarters, Ketlins Wife So bigg with Child that she could Scarcly walk ; his Brothers Wife 
with a Young Child in her Arms ; They took the two Women Keltins Son a Soldier and two 
Negroes prisoners, tiie sett fire to the Barn and Barricks of Corn ; then went away ; about 
a Quarter of a Mile from the house. Where they Murdered the Woman with Child and stript 
lier naked, she had Severall Wounds, they struck her in the Neck with an Ax which cutt her 
head almost off"; And tliey took her Scalp off; About a hundred Yards further; they kild the 
other Womans Child that was at her breast, the dasht the Childs, brains out against an Oak 
tree, and the hung it by the neck in the Clift of the Tree, They Scalpt the two Soldiers, part 
of David Ketlin's body and part of his Bro' Child was found in the ashes and rubish of the 
house the rest of his body being burnt l^art of the body of the ffrench Indian was found in 
the Ashes of the Barn, And the body of another hid in the woods covered with leaves and 
Old Slicks, and the head of another was found 

this Ace' of the acton we have from the Indian boy that made his Escape ; and from an old 
Lame Indian that lived near Ketlins house ; When he heard the Guns fire he Crept out of his 
Wigwam and gott under an old flallentree. And heard all that past; the Account of the Corps 
that was foimd and what wounds they had we have from Cap'° Jacobus Skoonhoven of the 
half Moon who went up the next day. And buryed the two Soldiers And what part he found 
of Ketlins body, and brought the Corps of the Woman and Child to town ; one of the Soldiers 
had Seven Wounds, the Corps of Cap' Bratt and David Ketlins wife was buryed together y= 
24; they were own Brother and Sister, and the Child of Dan" Kettlin that was hung in the 
Clift of the tree ; 

Lords of Trade to Governor Hunter. 

[New- York Ealries, H. 42C.] 

To Colonel Hunter. 


Since our letter to you of the SO"" of June 1711 (a Duplicate whereof is here inclosed) We 
have received four from M'' Clarke Secretary of New York, Dated y' 28"' oO"" & 31"" of May 
and 7"" of June last, with several papers referred to therein, and shall return particular answers 
to the said Letters on the first opportunity. 

Whereas there are several Clauses in Your Instructions that have not been complyed with, 
and which are necessary for our Information, in order to our laying a State of the respective 
Provinces under your Government before Her Majesty from time to time as the nature of the 


thing may require, We find our selves obliged to mention some of the said clauses to you as 
we do to all y' r