was a Delay given, and suspension of obedience to ye said orders by ye Late Governour and Councill of New-York, as likewise to Enquire into ye Causes and reasons why ye sd Livingston was not permitted to Exercise ye severall Employments in said Province granted to him by a Commission from his Majestie. In obedience therefore to his Majes Commands, & on ye Petition of ye sd Livingston I made an order Summoning Coll: Fletcher late Govern' of this Province or some in his behalf, to appear before me at New-York on ye 16th of May last, with ye Complaint Exhibited in England against the said Livingston, with witnesses and Evidences to justify ye same, but on ye said day nor since has any appeared in behalf of ye said Coll Fletcher, his Attorneys declaring they had no orders to appear against the said Livingston, And on ye 16th Instant I ordered a hearing of ye whole matter before myself and where ye Councill did declare, they did not believe they could Properly be Judges of what they then had objected against ye said Mr Livingston, nor had they any thing further to offer or urge against him more than formerly, that they knew nothing to ye Prejudice of his Reputation, and added that he was ye fittest man in ye Province for ye Imploys he Executes, and Particularly as Victualler of ye Forces. That they wholly referrd ye Consideration and Examination of ye Case to my self desireing me to report it to his Majesty as it should appear to me. Whereupon having heard ye said Livingston and seen his Proofs and Vouchers together with on a strict scrutiny of his Demands there, It appears to me that ye severall sums of money both Principall and Interest for which he obtained said orders in England are justly due to him, and ought to be discharged here, according to ye said orders, the execution of which was suspended in the late Government, no just reasons appearing to me for ye same, And as to ye Commission from his Majesty dated ye 27 of January 169516 with Salarys to be paid ye said Livingston for his discharge of ye offices and trust thereby Committed to him, I doe find the said Livingston a Person fitt and Capable to Execute ye same, and that nothing hath been offered against him, to render him undeserving of his Majes Grace and favour therein which is neverthelesse humbly submitted to your Lordships wisdom by My Lords Yr Lordships most humble & faithfull serv For ye Right honble ye Lords of ye Council of Trade and forreign Plantations BELLOMONT. Whitehall. TO THE QUEENS MOST EXCELLENT MAJESTIE. May it Please Your Majesty In obedience to your Majes Order in Councill of ye 14th of ye last month, upon ye Petition of Robert Livingston of New York, setting forth that ye Petr having been Constituted Secretary for ye Indian affairs by his late Majes Commission dated ye 27 of January 169 with a Salary of 1001b per annum Coll: Fletcher then Governour of yt Province Suspended him from ye said office, and as he alledges without any just Cause, and praying that ye said Suspension may be taken off, we have Examined ye same, and find by severall Certificates from N: York that he was suspended as aforesaid, and ye Petr has continued since yt time, to be very servicable in managing ye Treaties with ye Indians notwithstanding ye said Suspension, We are therefore humbly of opinion, that his suspension does not deprive him from having a just pretence to his said Salary, which we apprehend, ye Revenue of New York by reason of anticipations will not be able to satisfy, and we doe further humbly offer, That your Majes Pleasure be signified yt ye suspension ye Petr lyes under be taken off. wch is most humbly submitted DARTMOUTH, PHIL MEADOWS, Whitehal January 10: 170. JOHN POLLEXFEN Wm BLATHWAIT, MATH: PRIOR. At ye COURT at St JAMES the 11 January 1704 Present Lord Keeper, Lord Treasurer, Lord President, Lord Privy Seal, Duke of Somerset, Duke of Marleborough Earl of Stamford Earl of Radnor, Earl of Abingdon, Earle of Bradford, Lord Ferrers Lord Pawlet, Lord Dartmouth, Lord Granvill, Lord Coningsby Mr Speaker Mr Boyle Mr Secretary hodges, Ld Chief Justice Holt La Chief justice Trevor Mr Vernon, Mr Smith, Mr how. Whereas in Obedience to an order of this board of ye 14 of ye last month, on ye Petition of Robt Livingston of New York to be Restored to his Place of Secretary for ye Indian affairs, with his Salary of one hundred Pounds sterl. per annum, from which he was suspended by Coll: Fletcher ye late governour, The Lords Commiss's for Trade and Plantations, did by their Report this day read at the Board, humbly represent, that they have Examined this matter, and it appearing to them, that ye Petr has continued to be very Servicable in managing ye Treaties with ye Indians notwithstanding ye said Suspension are therefore humbly of opinion, that his suspension does not deprive him from having a just Pretence to his said Salary, wch ye Lords Commiss apprehend ye Revenue of New York by reason of anticipations will not be able to Satisfy, Her Majesty in Councill taking ye same into Consideration, is pleas'd to approve ye sd Representation, and accordingly to order, That ye Petitioners sd suspension be taken off, and that he be not Deprived from having a just Pretension to his Salary, by reason of ye sd Suspension, and ye Govr or Commander in Cheife of her Majesties Province of New York for ye time being, is to give ye necessary Directions for Restoring and Readmitting ye Petr into his offices without further Delay. JOHN POVEY. REPORT OF THE BOARD OF TRADE ON THE SETTLEMENT OF ADDITIONAL PALATINES IN NEW YORK. [ Lond. Doc. XVII.] TO THE QUEENS MOST EXCELLENT MAJESTY. MAY IT PLEASE YOUR MAJESTY. In obedience to your Majesty's commands signified to us by the Right Honble the 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 humbly Represent to your Majesty— That the Province of New Yorke being the most advanced Frontier of Your Majestys 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 they would be an 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 them in that Province, so as they may be of benefit to this Kingdom by the Production of Naval Stores, are on the Mohaques River, and on Hudsons River, where are very great numbers of Pines fit for Production of Turpentine and Tarr, out of which Rosin and Pitch are made. First, in relation to the Mohaques River; Your Majesty was pleased by your Order in Councill of the 26th June 1708, to confirm an Act past at New York the 2d of March 169 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 Your 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 Mohaques River, is the Falls that are on the said River between Schenectady and Albany' which will be an interruption in the Water Carriage, but as that may be easily helped by a short land carriage of about 3 miles at the west, We do not see that this objection will be any hindrance to the seating of them there, In Case there be not an 1 Cahoos falls. |