|
Feb. 16.
Bermuda. |
384. Lt. Governor Bennett to Mr. Popple. Encloses duplicate
of 3rd inst. Continues:—Eight more pirates are come in and
surrendred themselves, and I daily expect a number of them from
Providence in a sloop I sent thither for that purpose, and doe
intreat directions concerning their pardons several being impatient
to be gone. The vessel a snow called the Trial touched here
from South Carolina that carrys this bound for Bristol, the master
of which (Capt. Willington) assures me that the inhabitants there
were very apprehensive that the Cherikees Indians in conjunction
with the negros (many haveing already run away from their
masters into the woods) wuld invade them, and that an embargo
was expected to be laid on all vessels the day he sail'd which was
on the 5th inst., etc. Signed, Ben. Bennett. Endorsed, Recd.
2nd, Read 3rd April, 1718. Holograph. 1 p. [C.O. 37, 10.
No. 8.] |
| Feb. 17. |
385. Ambrose Philips to the Council of Trade and Plantations.
As Agent for New York, has been repeatedly instructed to urge
the confirmation of the Act of general naturalization etc. (v. 2nd
Jan.) Signed, A. Philips. Endorsed, Recd. 18th, Read 19th
Feb., 1717/18. 1½ pp. [C.O. 5, 1051. No. 54; and 5, 1123. pp.
516–518.] |
Feb. 17.
Navy Office. |
386. Commissioners of H.M. Navy to Mr. Popple. Enclose
following in reply to 14th Feb. Signed, Cha. Sergison, J. Fawler,
Tho. Colby, Ja. Acworth, Cha. Wager, Tho. Swanson. Endorsed,
Recd. 17th, Read 18th Feb., 1717/18. Addressed. 1 p. Enclosed, |
|
386. i. Account of præ paid for Naval Stores, imported
from America, 1713, £5783 19s. 10d.; 1714, £6860 8s. 10d.;
1715, £10, 135 10s. 9d.; 1716, £27, 410 7s. 9d.; 1717,
£40, 354 0s. 3d. Bought for the use of H.M. Navy;
1715, pitch 715 barrels, tar 665 barls.; 1716, pitch
75 barls.; 1717, pitch 1608 barls., tar 3773 barls.
Prices: 1715, pitch £11 and £9 per ton, tar £12 and £11
per last.; 1716, pitch, £9 per ton; 1717, pitch £7 10s.
and £6 10s. per ton, tar £11 10s. and £11 per last.
Mem. Several tenders for Naval Stores imported
from America await payment of præmiums, the
proprietors not having yet brought the usual certificates
from the Customs etc. 1 p. [C.O. 323, 7. Nos. 122,
122 i.; and (without enclosure) 324, 10. p. 188.] |
Feb. 18.
Whitehall. |
387. Mr. Popple to the Commissioners of the Navy. The
Council of Trade and Plantations return thanks for preceding,
and desire the like accounts annually etc. [C.O. 324, 10. p. 189.] |
Feb. 18.
Whitehall. |
388. Mr. Popple to Sir E. Northey. Desires his opinion
in point of law upon Act of Antigua, 1716, for encouraging
the importation of white servants, etc. [C.O. 153, 13. p. 217.] |
| [Feb. 19.] |
389. Sir Robert Mountgomery to the Council of Trade and
Plantations. Reasons why the new-intended settlement of
Azilia (v. 18th June, 1717) may be of great advantage to this
Kingdom. (i.) Its situation is such that neither Spaniard nor
Indian enemy can invade Carolina, or the Provinces to the northward, without passing this new barrier etc. (ii.) The commodities
arising from its cultivation will be different from any now produc'd
by the English Plantations, which will considerably encrease
navigation and augment the Revenue of H.M. Customs.
(iii.) As such commodities, olives, wine, raisins, almonds, currants
etc., are now brought us from countries entirely foreign, so the
advancement of this Colony wou'd produce a considerable
alteration to our advantage in the general balance of our trade
to the Mediterranean. (iv.) The French are eagerly advancing
their interest in America, by encouraging their settlement on
the Missisippi (their new named St. Louis) which will open them
a free trade, thô a private one, in the Bay of Mexico, with
European goods sent from France to Quibeck, and thence in
flat botom'd vessells along the rivers, and lakes, behind all our
Plantations, down into Missisippi; And we having no settlement
on the Bay, can know little of the matter, and be ill able to hinder
it any other way, than by planting a new Colony of our own,
just upon them, which wou'd watch their designs, and be a
check to their ambition, and encroachments. This can never
be done more commodiously than under covert of the Lords
Proprietors grant to Sir Robert Mountgomery, which giving
liberty to extend the settlement to the utmost southern bounds
of Carolina (viz.) as far as 29 degrees, the North coast of the Bay
of Mexico is all within that limit, and whenever it shall be thought
fit, a settlement may unexpectedly, and without noise, be made,
somewhere on the river of Apalachia, or in any commodious place
thereabouts, without sending any shipps at first, round the
neck of Florida, but crossing by land from the freshes of Allatamaka river, whither vessells may bring any number of people,
and from whence, to the place intended, the distance wou'd
be very inconsiderable. (v.) The Bahama Islands, being now
a place of resort for the pirates: and some late measures having
been taken, to remove them by force, and plant an English
Colony of honest, and industrious persons in their room, the
neighbourhood of the Bahama's, and Azilia, wou'd make them
mutually serviceable towards strengthening, releiving, and
supporting one another. Prays for a speedy and favourable
report from the Board etc. Endorsed, Recd. 19th, Read 20th
Feb., 1717/18. Addressed. 1 large p. [C.O. 5, 1265. No. 91.] |
Feb. 20.
Whitehall. |
390. Council of Trade and Plantations to the Lords of H.M.
Privy Council. We have had under consideration your Lordships' Order of the 9th instant etc. Having consulted H.M.
Attorney General, we are of opinion that an Instruction will
not be sufficient to empower the Governors to pardon any of
the pirates that may come in upon the Proclamation, but that
there must be Commissions under the Great Seal for the sevl.
Governors for that purpose etc. [C.O. 324, 10. p. 190.] |
| Feb. 20. |
391. William Wood to the Council of Trade and Plantations.
The Law [of Jamaica, for the effectual discovery of persons that are
disaffected etc.] wch. I troubled your Lordships upon yesterday
I conceive you will be of opinion ought to be rejected, especially
when your Lordships are acquainted, that by gentlemen not
qualifying themselves as the Act directs, and not acting to
avoid the penalty therein, Sessions were not able to be held,
and the Militia appear'd in the field without the greatest part of
their officers in several parishes or districts of the Islands, and
that to prevent so great an inconvenience new Justices and new
officers were made a remedy; a case of very ill consequence
considering the very few inhabitants in it, besides those who have
been or are in commission; no doubt, my Lords, many refuse
to qualifye themselves not out of regard only to it's being a
prostitution of the Sacrament for a civil end, but also to free
themselves from chargeable posts, and getting clear of doing
troublesome dutys. There is not one dissenting meeting house
in the country, tho' numbers of dissenters by education and
principle; now if any of these will not take the Sacrament
according to the usage of the Church of England, they are
excluded from acting either as Justices, Military Officers,
Barristers, Attorneys etc., which in effect makes the Law a sort
of Schism Bill to the Island, etc. Signed, Wm. Wood. Endorsed,
Recd., Read Feb. 20th, 1717/18. 2pp. [C.O. 137, 12. No. 116.] |
Feb. 21.
Whitehall. |
392. Earl of Sunderland to the Council of Trade and
Plantations. Encloses following for their report thereon. Signed,
Sunderland. Endorsed, Recd. 24th Feb., Read 3rd March,
1717/18. 1 p. Enclosed, |
|
392. i. Memorial of Col. Richard Phillips, Governor of
Placentia and Annapolis Royal, to the King. (i.) He
is only Governor of Placentia, whereas there are several
other settlements in Newfoundland, where, by the Act
passed before there was any Governor established, the
master of the first vessel that arrives for the fishing is
empowered to determine disputes etc. This power does
not accord with the position of a Governor now that
the whole Island is surrendered to H.M. (ii.) The
garrison of Placentia, according to Capt. Willis, is in
a very bad state. (iii.) All the inhabitants of Nova
Scotia, except the garrison of Annapolis Royal, are
French to the number of 6 or 7000, who have never taken
the oath of allegiance, and when the Lt. Governor
summoned them to do so finally, replied that they could
not do so till they saw H.M. in a position to protect
them against the natives, who are very numerous and
entirely devoted to France, and they ask therefore not
to be obliged to take up arms, in case of a rupture,
against the subjects of France or the Indians (cf. No. ii.)
(iv.) The French secured the natives to their interest
by yearly presents, and were rewarded by a monopoly
of their fur-trade. The same means, it is believed,
would gain them to ours etc. (v.) The boundaries
between the French and H.M. subjects in Nova Scotia
not being determined, the former are still in possession
of such parts as they find most suitable for curing their
fish, and continuing their trade with the Indians, to the
prejudice of that of H.M. subjects, and contrary to the
Articles of Surrender. (vi.) Nova Scotia is a very rich
and fertile country, and the fishery surpasses that of
Newfoundland, being to the southward, and therefore
two or three months earlier. It only requires inhabitants to make it a very advantageous Colony to Great
Britain, and it is therefore proposed that all encouragement should be given towards peopling it, and the
Governor given power and instructions to that effect.
(vii.) The Fort of Annapolis is in a bad state (v. enclosure.)
(viii.) A frigate under his orders is absolutely necessary
for the Governor of these two countries. (ix.) In case
of H.M. granting lands in these parts, the fishery and
the Capes and the right of curing fish wherever found
most suitable, should be reserved for the common use
of H.M. subjects. French. 2½ pp. |
|
392. ii. Lt. Governor Doucett to [? Governor Phillips].
Annapolis Royal, Nov. 5, 1717. I arrived here 23 Oct.
etc., concern'd to find a fort almost demolisht, and the
men within continually in mutiny for their pay. I told
them H.M. had been acquainted with their complaints,
and that in the spring they would be redresst. However
the commanding officer of each company keeps the
men's arm's, and deliver's them out as they mount
guard etc. As to their cloaths, they are indifferently
well etc. As to arm's they must have an intire new
sett, these not being fitt for service, I don't find one
bayonett or sword in the Garrison etc.; allso a chyrurgeon's chest, severall of the men rotting with a certain
distemper that requires phisick. I am desired by all
the Gentlemen of the garrison to congratulate yr.
Excellency, and to recommend to your care our Chaplain
Mr. Harrison, and two cadett's that have served here
some time, vizt. Mr. Hugh Campbell and Mr. John
Broadstreet. I here send you a paper inclos'd, that
I summons'd the French inhabitants to signe, etc.,
(v. preceding), with a coppy of their answer, having
sent two originals, one to the Secretary of State, and
one to the Secretary of War. I allso send you a coppy
of a Placart, I have put up, concerning all vessell's that
sail from hence, which I hope you will approve on, for
before they took no more notice of a Governor here;
then a person that was under the direction of a
Collector, here is allso a return of the Garrison etc.
Signed, John Doucett. 2 pp. [C.O. 217, 2. Nos. 37,
37 i.; and (without enclosures) 218, i. p. 339.] |
Feb. 21.
Whitehall. |
393. The Earl of Sunderland to the Council of Trade and
Plantations. Encloses following. You are to lay the same
before the House etc. Signed, Sunderland. Endorsed, Recd.
Read 21st Feb., 1717/18. 1 p. Enclosed, |
|
393. i. Address of the House of Commons to the King, praying
that all papers from the Plantations, with the orders
given thereupon, relating to the pirates in the West
Indies since the last peace may be laid before the House.
20th Feb., 1717(18). Copy. ½ p. [C.O. 323, 7.
Nos. 123, 123 i.; and (covering letter only) 324, 10. p. 191.] |
| Feb. 21. |
394. Mr. Burchett to Mr. Popple. H.M.S. the Dragon,
Capt. Thomas Scott, and the Rye, Capt. Thomas Whorwood
are design'd convoy to Newfoundland, Capt. Scott being the
Comadore etc. Asks for heads of enquiry etc. as usual. My
Lords Commrs. of the Admiralty having, at the requests of the
merchants, planters etc. of Biddeford etc. order'd the Rye to
proceed before the Dragon, so as to be at the harbour of Trepassy
by the middle of April next at farthest, that so she may
protect there trade there, and at the ports thereabouts, until the
Dragon arrives, asks for any particular Instructions for Capt.
Whorwood etc. Signed, J. Burchett. Endorsed, Recd. 22nd,
Read 24th Feb., 1717/18. Addressed. 1 p. [C.O. 194, 6. No. 38;
and 195, 6. pp. 369, 370.] |
Feb. 21.
Whitehal. |
395. Council of Trade and Plantations to Lt. Governor
Spotswood. Enclose Order in Council, Feb. 13th, repealing two
Acts, to be publish'd and enter'd in the Council Books as usual.
[C.O. 5, 1365. p. 51.] |
| Feb. 23. |
396. M. le Marquis de Wignacourt to Mr. Docminique, one
of the Commissioners for Trade and Plantations. In the absence
of Capt. Coram in France, urges the demand for a settlement of
disbanded soldiers (cf. 20th Dec., 1717), and concludes as following.
Signed, Le Marquis de Wignacourt Franconville. Endorsed,
Recd. Read 24th Feb., 1717/18. French. 4 pp. [C.O. 5, 866.
No. 136.] |
| Feb. 21. |
397. Marquis de Wignacourt and others to the Council of
Trade and Plantations. Petitioners allege the land desired for
settlement between Maine and Nova Scotia, was lost to the
French, and that the Crown by conquest has reinvested itselfe
of a just right and title to it. Propose that the Board shall
examine the conquest and instruct General Nicholson to lay
before them the extent of the French and English conquests as
they appear'd to him in 1710. Signed, Le Marquis de Wignacourt
franconville Dujary, Daniel Pelisson, William Birkhead.
Endorsed, Recd. 21st, Read 24th Feb., 1717/18. 1 p. [C.O. 5,
866. No. 138; and 5, 915. pp. 87, 88.] |
| Feb. 24. |
398. Mr. Byrd to the Council of Trade and Plantations.
Haveing been convine't by the Attorney Genll's opinion (v. Dec.
24, 1717), that H.M. Governour of Virginia hath power by the
Royal Instruction to appoint Courts of Oyer and Terminer etc.,
refers to his petition and the Order in Council, (2nd Feb.), and
prays for an early and favourable report thereupon etc. Signed,
W. Byrd. Endorsed, Recd. 24th, Read 27th Feb., 1717/18. 1 p.
[C.O. 5, 1365. No. 45.] |
| Feb. 24. |
399. Address of the Representatives and Inhabitants of
South Carolina to the King. A repetition of Address printed,
C.S.P. 1716, Nov. 30th. Signed, Geo. Logan, Speaker; David
Durham, Tho. Summers, Thomas Lynch, Richd. Harris, John
Godfry, Arthur Hall, John Woodward, John Russ, Ra. Izard,
William Gibbon, Wa. Izard, John Williams, Thomas Satur,
Hugh Hext, Richard Butler, Thos. Townsend, Benja. de la
Conseillere, Charles Hill, Jonth. Drake, Thomas Waring, Jno.
Beamor, Roger Moore, Ja. Cochran, Members of the House of
Commons; and likewise by the rest of the inhabitants, (526
signatures). Copy, certified by Johannes Croft, Notar Pubcus.
Endorsed, To be sent to the Proprietors of Carolina. One large
p. Torn. [C.O. 5, 382. No. 19.] |
Feb. 24.
Whitehall. |
400. List of papers, copied for the House of Commons,
relating to pirates. (v. Feb. 21st). [C.O. 324, 10. pp. 250–260.] |
Feb. 25.
Whitehall. |
401. Mr. Popple to Mr. Attorney General. The Council of
Trade and Plantations desire you to give them a draught of such
alterations in the Act of New York for a general naturalization
as you may think proper to be recommended to Brigr. Hunter
to be passed into a new law. (v. 2nd Jan.) [C.O. 5, 1123.
pp. 518, 519.] |
Feb. 25.
Whitehall. |
402. Council of Trade and Plantations to Governor Hunter.
Abstract. Acknowledge letters. Are satisfied with what he
writes relating to Mr. Lodwick's memorial. The bills which he
says he drew for the building of forts by her late Majesty's order
are still outstanding, because the orders for drawing them have
not been communicated to the Treasury. Ask for authentick
copies of said orders and accounts of what has been done. The
observance of the Proclamation and Act for settling the rates
of foreign coins in the Plantations is of such consequence to the
general welfare, that it must not be neglected. They therefore
desire to be informed which are the neighbouring Governments
to which he refers as not observing them, and by what methods
they evade them. They have some objections (v. encl. i.) to the
Revenue Act, particularly that it affects the trade and navigation
of this Kingdom, but would not propose its repeal, because he
says that would ruin the trade of the Province; he must therefore
move the Assembly to pass a new act not liable to the said
objections. Otherwise they will be obliged to lay this act before
H.M. for disallowance, for no acts are to be passed in the
Plantations whereby the shipping and navigation of this Kingdom
are affected, according to the Additional Instruction of 27th
Sept. last. They have the like objections, also enclosed, to the
Act to oblige all vessels trading to their Colony to pay duty etc., and
for the same reasons desire him to get a new act passed, not
liable thereto. Enclose Attorney General's objections to act
for shortening lawsuits, showing the necessity of getting another
act passed etc. Remind him of his Instructions, and that he
be very particular in his remarks and explanations of acts transmitted to them. Will consider what he writes of the failure in
making tar etc., and in the mean time desire an account of what
number of Palatines remain and where, how they are employed
and in what manner they might be made more useful to that
Province and this Kingdom. He will receive all the assistance
he can give on account of his disbursements for those people,
but it has not been possible to do anything in that matter this
session of Parliament. They cannot find in his Commission that
the whale-fishery is reserved to him, as he intimates in his letter
of 22nd Nov. Request him to explain and to send a full answer
to Mulford's petition, together with a return of the whale-fishery
and dues paid thereon. They hope he gives all due encouragement to that trade. Quote from their report 13th Feb. Commissions are preparing to enable him to try pirates at New York.
Will recommend Mr. Harrison for the Council on the first
vacancy. Ask for accounts of imports from Madeira and
the Western Islands, and for information of French activity on the
Mississippi, and for report on the best method of preventing the
evil effects of their securing and communicating with their
settlements in Canada, etc., as No. 334. Set out, N.Y. Col. Docs.
v. 500. Annexed, |
|
402. i. Some queries as to the duties imposed by the Acts of
New York for the support of the Government, 1715, and
laying a duty upon trading vessels, 1716. [C.O. 5,
1123. pp. 519–529; and (corrected draft) 5, 1079.
No. 98.] |
Feb. 25.
St. James's. |
403. H.M. Warrant for a Commission to Governor Sir N.
Lawes, the Council of Jamaica, the Chief Justice, the Judge of
the Vice-Admiralty, the Captains and Commanders of H.M.
ships of war within the Admiralty jurisdiction of Jamaica, the
Receiver-General and Secretary of Jamaica, H.M. SurveyorsGeneral of the Customs in America, Collectors of Customs in
Jamaica, to be Commissioners for trying pirates at Jamaica
according to the Act, 11th K. William III. for the more effectual
suppression of piracy etc., with the same powers and directions
as were contained in the Commission granted by King William in
the 12th year of his reign to Sir Wm. Beeston etc. Countersigned,
J. Addison. [C.O. 324, 33. pp. 132–134.] |
Feb. 25.
St. James's. |
404. H.M. Warrant for similar Commission for trying pirates
at the Bermuda Islands to Lt.-Governor Bennet, the Council,
Chief Justice, Judge of the Vice-Admiralty, Captains and Commanders of H.M. ships, Secretary and Receiver-General of
Bermuda, Surveyors-General of Customs and Collectors in
Bermuda etc. as preceding. Countersigned, J. Addison. [C.O.
324, 33. pp. 135–137.] |
Feb. 25.
St. James's. |
405. H.M. Warrants for similar Commissions to the Governor
etc. for trying pirates at the Bahama Islands, the Leeward Islands,
Barbados and the Windward Islands, Virginia, Carolina and
Maryland, New York, New Jersey, Pennsylvania and Connecticut,
Massachusets Bay, New Hampshire and Rhode Island, Newfoundland and Nova Scotia. All countersigned as preceding.
[C.O. 324, 33. pp. 137–159.] |
Feb. 27.
Virginia. |
406. Lt.–Governor Spotswood to the Council of Trade and
Plantations. Acknowledges letters received on return from New
York etc. Continues:—Before I enter upon answering the
particulars in those letters, I beg leave to give yor. Lordps. a
brief account of my negotiations to the northward. As that
progress was intended to concert with the neighbouring Governours, proper measures for guarding these Governments against
the incursions of the Five Nations, I found both the Governour
of Maryland and Pensilvania entirely of the same opinion with
me that there could not be a more proper season to bring those
Indians to reasonable terms than now, while the Peace subsisted
between H.M. and the Crown of France, and consequently that
we were not under the necessity of counting their friendship;
they also agreed that it was necessary to demand something
more substantial than the bare promises of the chief men of those
Indians, which they are always very liberal of, in expectation of
presents from the English, while at the same time their young
men are committing their usual depredations upon the frontiers
of these Southern Governments. In order therefore to obtain
this security we thought it necessary to offer certain preliminarys,
without which we judged any further Treatys with those Indians
would be in vain; but as Brigadeer Hunter could not be spared
from his New York Assembly (which was then sitting) and the
ill state of health, in which Collo. Hart left his family obliged
him to return home; the transacting of this part fell to my
share, and I thought I could not imploy my time more agreeable
to H.M. service than by a personal interview wth. Brigadier
Hunter to know his sentiments. I arrived at New York very
opportunely to prevent the march of a great body of those Indians,
which I had advice on the road, was intended chiefly agst. the
Tributarys of this Country, and the Governor of New York's
Messengers overtook them upon their march and obtained their
promise to abstain from any hostilitys on the English Governmts.
As to the principal occasion of my journey, the Assembly of
New York being in the height of their business, and like to make
a longer session than ordinary, and withall the season of the year
being so far advanced, as not to admitt of an interview with the
Sachems of the Five Nations during my stay there; all that
could be done was to leave the preliminarys to be communicated
to them by the Governour of New York who has engaged to
obtain their answer sometime this Spring; upon the return
whereof I shall be able more fully to communicate to your
Lordps. what is the sense of these Southern Governments with
relation to the five Nations, and what measures are necessary
to be taken for securing H.M. subjects here against the dangers
which threaten them from that quarter. In obedience to H.M.
commands etc. I have issued a proclamation forbidding all trade
and commerce contrary to the said Treaty of Neutrality etc.;
Soon after, having reciev'd advice that a Bermuda sloop had
imported here a considerable quantity of French sugar, I caused
her to be siezed, and brought to a trial before the Court of
Admiralty; upon the trial the Master alledged he purchased
the sugar of a Frenchman at one of the Salt Islands, not belonging
to the French King; but tho the Judge of this Court thought
fitt to discharge the siezure, in regard the Master was ignorant
of the Treaty of Neutrality when the sugar was taken on board
and imported here, yet he declared he would for the future condemn every vessell importing any the produce of the French
settlemts. This declaration, I hope, will have it's effect, to
deterr people from that illegal trade, tho' it must be own'd that
were the power of Judicature in maritime affairs in the hands of
any other person, it would be difficult to obtain such a sentence,
it being the common opinion here that the Treatys of Sovereigns
do not bind the subjects unless confirm'd by Act of Parliament,
and consequently that no man ought to forfiet his vessell or
goods for what is not made a crime by any law: 'Tis in vain to
argue that the prerogative of the Crown in making Treatys
and Alliances being part of the Common Law of the land, there
must naturally be the same power in the Crown to punish the
infringers of such Treatys: such reasoning will not prevail here.
It might therefore be of service to H.M. and usefull to the quiett
of this Country, in undecieving the ignorant and convincing
the obstinate if when such new cases as this of confiscating ship
and goods for the breach of a Treaty, which does not appear
at first sight to be an offence against any Statute Law, your
Lordsps. would be pleased to send together with H.M. directions
the opinion of some eminent lawyers on the point, it being certain
that tho' a Governor is sincerely convinced that all the orders he
recieves from the Crown are founded on reason and justice,
yet he acts under a very great disadvantage, if he is not able to
answer all the impertinent queries that are put to him on such an
occasion. Immediatly upon the reciept of H.M. Order in Council
I issued a proclamation for repealing both the Indian and Tobacco
laws; but as the Countrey are almost generally sensible of the
loss of the tobacco law, so the Government found itself no less
embarrass'd by the repeal of the Indian Law: the forreign Indians
had been brought to so good a correspondence with this government by the commerce established between them and the late
Company, that it was judged dangerous to discontinue that trade,
because of the jealousys it might naturally create in the minds
of that suspicious people; and the fort of Christanna has been
found so usefull to the security both of the Tributarys settled
there, and of the English settlements on that frontier, that the
slighting thereof would have proved of ill consequence besides
that the Indian hostages being kept there at the expence of the
late Company, it would have been dangerous either to have sent
them back or to have removed them to any other place, where
their parents could not so easily resort to see them. Upon these
considerations, the Council unanimously agreed to desire the late
Compa. to continue their commerce, and to keep up the fort and
garrison till the meeting of an Assembly, which accordingly is
appointed to be held the 23rd of Aprill. What measures they
will take therein or in compliance with H.M. commands for
reimbursing the reasonable expence of that Company on the
publick service, or regulating the Indian Trade, must be left to
time. As I have constantly treated the Gentlemen of the
Council with that freedom and openness which becomes one
that has no other view than promoting H.M. service, nor no other
aim in representing to your Lordsps. their behaviour than to
remove unreasonable scruples, I communicated to that Board
your Lordps. opinion upon the distinctions they make of themselves as Councillors and as the upper House of Assembly, and
upon their refusing their advice as Councillors in matters of law,
under pretence of their being Judges of the Generall Court, it
was some surprize to me to find some of those gentlemen deny
the facts, untill the particular instances were quoted and acknowledged by others; but altho' they had then nothing to object
against what I had represented to yor. Lordps. on both those
heads; yet the common practice of sending partial representations to your Lordsps. whenever they find it necessary to justify
themselves by concealing the truth, gives me ground to suspect
that the same persons who have introduced this distinction will
not rest satisfyed in yor. Lordps. determination, nor in the conviction of the truth of what I have charged them with, but will
still endeavour by false glosses to colour over a practice as unjust
in itself as 'tis prejudicial to the King's service: And therefore
if they or their Agent Mr. Byrd should deny at yor. Lordps.
Board their making any such distinctions as I have mentioned,
I begg yor. Lordps. will be pleased to have recourse to the Council
Journal the 20th June, 1706, upon their advising Coll. Nott to
the passing the Body of Laws prepared by that Assembly, and
to the Journal of the Council the 24th Dec., 1714, on occasion
of continuing the Act for the defence of the Countrey in times of
danger, as a proof of the first of those distinctions; And to the
Council Journal of the 25th of Oct., 1715, upon a question put
to them whether there was any law of this countrey directing
Justices of the Peace to levy the allowance for the Burgesses,
as a proof of the second distinction. There are other instances
since to the same purpose, tho' not inserted in the Journals,
because I would avoid new contests, it being strenuously insisted
on that the Council were not bound to enter any reason for their
opinion, in the Journals, etc. Refers to enclosed accounts. Will
send account of auditing and return the old seal by the next
opportunity. Will lay H.M. Instruction concerning the passing
of laws before the next Assembly, etc. Signed, A. Spotswood.
Endorsed, Recd. 15th, Read 20th May, 1718. 6½ pp. Enclosed, |
|
406. i. Account of H.M. Revenue of 2s. per hhd. in Virginia,
25th April-25th Oct., 1717. Receipts, £3,287 1s. 1¼d.
Expenditure, £3,862 17s. 1¼d. Signed, J. Roscow, Recr.
Genll., John Grymes, Depty. Auditor, A. Spotswood.
Endorsed as preceding. 1¾ pp. [C.O. 5, 1318. Nos.
46, 46 i.; and (without enclosure) 5, 1365. pp. 58–61.] |
Feb. 28.
Whitehall. |
407. Mr. Popple to Mr. Carkesse. Encloses Copy of Mr.
Cumings' letter, 28th Jan., to be laid before the Cmmrs. of H.M.
Customs. The Council of Trade and Plantations desire their
opinion of the expediency of what Mr. Cumings proposes therein,
as soon as may be convenient. [C.O. 5, 915. p. 89.] |
