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July 21.
Braban
Court. |
229. Benjamin Curtis to [? the Duke of Newcastle]. Repeats his recommendation of Othniel Haggatt for the Council of Barbados, who has been recommended by the Members of Parliament and other Gentlemen of Bristol etc. Signed, Benja. Curtis. 2 pp. [CO. 28, 39. No. 38.] |
July 25.
Virginia. |
230. Mr. Carter to the [Duke of Newcastle]. Announces the much lamented death of Colo. Drysdale, which happen'd on the 22nd instant etc., "whereby H.M. has lost a faithful and zealous servant, and this country a good and just ruler." Continues :—He had some time before his death, upon the view of returning to England for the recovery of his health, suspended Mr. Jenings the first of the Council, because of his incapacity to act as President or to administer the Government during his absence etc. Refers to Journal of Council. Continues:— By this means the office of President and Commander in Chief of this Dominion in course devolves on me, etc. Signed, Robert Carter. Endorsed, Rd. Sept. 10th. 2 pp. [CO. 5, 1337. No. 30.] |
July 25.
Virginia |
231. Same to the Council of Trade and Plantations. Announces death of Col. Drysdale as preceding. Concludes :— I am now preparing, as much as an ill state of health will permitt me, to meet the Council, in order to take the oaths required etc. I shal forward the duplicates of such publick papers, as the late Governor has left behind him etc. Signed, Robert Carter. Endorsed, Recd. 10th, Read 14th Sept., 1726. 2 pp. [CO. 5, 1320. ff. 82, 82v., 83v.] |
July 27.
Canso. |
232. Lt. Governor Armstrong to the Council of Trade and Plantations. This being the first oppertunity this summer, of sending any accot. of this Province home, I humbly acquaint your Lordships that according to my Instructions to Major Paul Mascarene, 20th Aug. 1725, to goe to Boston and in conjunction with that Governmt. to agree and conclude a peace with the Indians, which accordingly he has done etc. v. enclosures. Continues:—Major Mascarene is now with the Lt. Governour of new England at Casco Bay ratifying the Peace with all the tribes of the severall Indian Nations etc. Encloses agreement made by Lt. Govr. Doucett etc. As for the fishery at Canso this year its pritty considerable for the number of vessells, a list of which etc. shall be sent your Lordships in the fall; there has been so great a call for fish in New England by the merchants of London, thats chiefly the reason there is not so many there as last year that together with a Collector being sent heither by Mr. Lichmore etc. gives the Fishery in some measure discouragement, who takes from each vessell 6s. 8d. and the Navill Officer 3s. 4d. which together a very small sum, yett makes them grumble having never been taxed anything before this year upon which I beg your Lordships' directions. In the middle of September next I shall meet a considerable body of Indians at Annapolis Royall to confirm the Peace, and all other points that have not yett been done to make it lasting, but I shall be very much at a loss for want of the usuall presents they generally recieve from H.M. on this occasion and believe I must raise 3 or £400 credit to make those savages easey in firmly keeping the peace, and if possible secure their furr tread for H.M. interest, which chiefly was carryed by them before to the French Governmt. of Cape Britain in which I hope your Lordships will prevaill with H.M. to support me in maintaining his right and the honour of the Crown. I shall also want H.M. directions about the French inhabitants upon their takeing the oaths of fedility which they have refused these severall years past, and as I am informed they are resolved to quit the Province rather then take it, and have transported several of their catle and other effects to Cape Britain. Governour St. Ovide with some troops and his Council are gone to the Island of St. Johns in the Bay of Vert in order to make out the lands of that Island for such people and inhabitants as will quit this Province and retire under the Government of France, this has been managed by the Missionary Preists amongst the Indians and french inhabitants in this Province. As for my part I have been so cautious that I have given them no manner of offence any way, and have lived in perfect friendship with the Governour of Cape Britain ever since my arrivall in this Province and everything now stands upon the best footting between these two Governments; excepting that they are fortified and we left neaked in which case upon the least difference between the two Crowns we must be distroyed while they remain saife and secure under the deffence of their fortification which I gave your Lordshipps an accot. of last year etc. With submission I must observe to your Lordships that my expencess are so great in suporting the honour of this Governmt. and the dignity of the Crown, without any allowance but my Lt. Collo. subsistance which falls short of that support, above £400 sterling this year, and your Lordships very well knows I have no other fund nor noe perquisites to help me out with in all the Province—which I hope will induce you to lay my very hard case before H.M. or the Treasury for a proper supply to suporte the honour of the Government, etc. Signed, L. Armstrong. Endorsed, Recd. 8th Oct., 1726, Read 1st June, 1727. 2 pp. Enclosed, |
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232. i. Articles of Peace signed by the Indian Delegates for Nova Scotia at Boston, 15th Dec, 1725. v. No. 268. i. Signed, Sanquarum alias Laurens; Alexis; Francois Xavier; Maganumbe; (totem marks), Delegates from the tribes of Penubscutt, Norrigewock, St. Johns, Cape Sables and other tribes inhabiting Nova Scotia and New England. 15th Dec. 1725. Endorsed, Recd. 8th Oct., 1726. Copy. 1 p. |
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232. ii. Instrument signed by Major Paul Mascarene, Commissioner for treating with the Indians at Boston, 15th Dec, 1725. Same as No. 268. ii, except that the right of retaining some hostages as prisoners is reserved and that it is provided that the ratification of this treaty shall be at Annapolis Royal etc. Signed, P. Mascarene. Copy. 1 p. |
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232. iii, iv. Duplicates of Nos. 268 i, ii. [CO. 217, 4. ff. 346–353v.;and (abstract of covering letter) 217, 30. p. 20.] |
July 27.
Canso. |
233. Lt. Govr. Armstrong to [? the Duke of Newcastle]. Repeats preceding covering letter, mutatis mutandis. No signature. Endorsed, R. Oct. 5th. Enclosed, |
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233. i–iv. Duplicates of Nos. i–iv preceding. [CO. 217, 38. Nos. 10, 10 i–iv.] |
July 27.
Whitehall. |
234. Mr. Popple to Mr. Fane. Encloses 11 Acts of Jamaica passed in 1726, for his opinion thereon in point of law, except the Revenue Act. [CO. 138, 17. pp. 102, 103.] |
[July 27].
Whitehall. |
235. Petition of Col. Spots wood to the King. Led by a publick spirit and a dutiful regard to H.M. pleasure, petitioner did upon receiving from the Lords Commissioners for Trade, directions for making hemp and tar, and H.M. Speech to the Parliament, for raising naval stores in the Plantations, judge it incumbent on him to promote the same within his Province, and thereupon deeply imbarked himself in such designs, by taking up for that purpose large tracts of the Crown's desart lands, which nobody had yet dared to venture upon, by reason of their being too remote, and exposed to Indian incursions. After an excessive deal of trouble, risque and expence, and particularly in importing about 300 persons for carrying on these undertakings, he hath brought them such a length, as to ship home ye first pig-iron, and ye first hemp of Virginia growth, that ever were known to be imported into Great Britain : besides proving by experiments that, in those American ports, neither ye tar can be made according to ye directions of the Act of Parliament, without ye peculiar skil of Finland tarburners, nor ye hemp ever be raised to any perfection from the English, or the East country seed. Such discoveries, made at petitioner's sole cost, are a publick benefit, and the early fruits of his labour valuable to the Nation : for his new iron has continually grown in demand with all those iron-masters in England, who have hitherto made trial thereof; and his new hemp is proved to be considerably superior to ye best Russia, and equal in strength with ye best Riga hemp : as may appear by ye report from ye Officers of Woolwich yard to ye Commrs. of H.M. Navy, made in Oct. last. By a clause in the Lords Justices' order, 6th Aug., 1723, he is now in danger of being cruelly construed out of the greater part of his possessions, contrary to the declared intent of the order as a bountiful encouragement to venture upon exposed lands etc. Moreover, petitioner being obliged, by his removal from the Government, and some other discouragements, to forbear carrying on the said undertakings in so extensive a manner, as it was at first intended, he is likely to be too heavily burthened with the quit rents of useless lands, unless your Majesty ease him in the charge thereof, or at least allow him to make a surrender of such lands, as he had taken up with the view of making tar. Petitioner is worthy of H.M. favour because (i) It was his zeal to promote what appeared to be H.M. pleasure and the nation's interest which first engaged him in these land concerns, (ii) He has already very dearly purchased from other claimants their rights to those lands, and fully complied with the law of the Colony in making sufficient improvement thereon. (iii) Owing to their remoteness, he has been obliged to seat them with a formidable strength, and so run a mighty risque, as well as been at an extraordinary charge in maintaining the possession of them, until he happily obtained of the Five Nations to relinquish their pretentions thereto. (iv) To compass this point, he travelled 1200 miles, and not only underwent the fatigue of a 3 months expedition, but also bore £600 of the expenses thereof, which he has never yet been reimbursed, (v) By this Treaty he obtained a quiet cession of about three million acres to the Crown, and by new regulations of his own forming while he was Governor, improved H.M. revenue of quit rents from £1000 to £3000 sterl. per ann. etc. Prays that above mentioned Order may be so expounded, that he may remain in clear and quiet possession of his lands, and reap the benefit of the 7 years remission of rights and quit rents granted thereby ; and that he may be allowed to surrender such lands, as he had taken up with the view of making tar, or else be granted, for an encouragement to go on with the undertaking, to hold those lands for a yearly quit rent of a barril of tar : in wch. last case he will do his utmost to procure, at his own expence, from Finland, men skilled in making tar from green pines, as the Act directs. Signed, A. Spotswood. Overleaf, |
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235. i. H.M. is pleased to refer this petition to the Council of Trade and Plantations etc. Whitehall, July 27, 1726. Signed, Holies Newcastle. The whole, endorsed, Recd. 5th, Read 30th Augt., 1726. 2⅓ pp. [CO. 5, 1320. ff. 29–30v.; and (petition only) 5,1344. No. 1.] |
July 27.
Whitehall. |
236. Duke of Newcastle to Governor Hart. Encloses following. "I desire you will please enquire into this case, and interpose so far as. may be agreable to law and reason, that justice may be done in it." Signed, Holies Newcastle. Annexed, |
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236. i. Memoir of Col. Jean Lapradelle. Statement of claims against Pierre Buor, Major in Col. Alexander's regiment, and owner of two plantations in St. Christophers. Prays for an order of payment. French. [CO. 324, 35. pp. 256–260.] |
July 28.
Whitehall. |
237. Council of Trade and Plantations to the Lords of the Committee of Privy Council. Upon Col. Shute's petition, referred to them 21st June, represent that, We do entirely agree with your Lordships, that it is both just and reasonable that the Assembly of New England should pay Col. Shute's arrears of salary, and likewise make a fixed and honourable provision for H.M. Governor of that Province for the future. We are likewise humbly of opinion, that it is highly necessary for H.M. service that Colo. Shute who has so strenuously asserted H.M. right, should be sent back again in quality of Governor to that Province, that the people of New England may see that H.M. will support his faithfull servants in the discharge of their duty. As to Col. Shute's arrears, we conceive the payment thereof should be computed at a medium of such annual salaries the Assembly of New England have usually allowed him; But we are humbly of opinion that the future provision to be made for the Governors of that Province, should be at least £1000 sterling. In order to induce the Assembly to comply with H.M. pleasure in these particulars, H.M. may be graciously pleased to recommend the same in the most strenuous terms, under His royal sign manual, to their consideration, and Col. Shute may have the honour to carry H.M. commands to them upon this subject. But as it is doubtful whether the people of New England will pay a ready obedience to H.M. orders, so we beg leave to propose that H.M. may be graciously pleased, considering Col. Shute's great expence and long attendance here on H.M. service, to extend his royal bounty to the said Col. Shute, to enable him to discharge the expence of his voyage to New England ; But if the people of New England shall not comply with H.M. directions herein, we know no other method so effectual to reduce them to a compliance, as to lay a state of that Province before the Parliament. As to the Province of N. Hampshire, H.M. may be likewise graciously pleas'd to recommend to His Council and Assembly to pay Col. Shute's arrears, and settle a salary on him for the future, in proportion to their circumstances : And as this Province is more immedately depending upon H.M. pleasure than New England ; it is to be hop'd they will readily comply therewith. [CO. 5, 915. pp. 458–461.] |
July 28.
Whitehall. |
238. Council of Trade and Plantations to the King. In obedience to Order of 5th July, enclose Instructions to Governors for suspending the execution of judgments in cases of appeals etc. (v. 5th July.) Mem. Draughts of Instructions were enclosed for Jamaica, Leeward Islands, Bermuda, N. Hampshire, N. York, N. Jersey, Virginia, S. Carolina; and No. Carolina, Maryland, Pensylvania, Connecticut, Rhode Island ; but none for Bahama or Nova Scotia, there being no Court established. [CO. 324, 11. pp. 32, 33.] |
| July 28. |
239. Draft of above Instruction to the Governor of Jamaica, with alterations by the Lords of the Council indicated. [CO. 138, 17. pp. 106–109.] |
July 28.
Whitehall. |
240. Corrected draft of above Instruction to the Governor of S. Carolina. [CO. 5, 400. pp. 222–225.] |
July 28.
Whitehall. |
241. Corrected draft of above Instruction for Governor Shute (New Hampshire). [CO. 5, 915. pp. 461–464.] |
| July 28. |
242. Corrected draft of above Instruction for Governor Burnet, New Jersey. [CO. 5, 996. pp. 140–142 ; and New York (Set out, N.Y. Col. Docs. V. pp. 816, 817), 5, 1124. pp. 391–394.] |
| July 28. |
243. Corrected draft of above Instruction to George, Earl of Orkney, Governor of Virginia. [CO. 5, 1365. pp. 296–299.] |
| July 28. |
244. Drafts of above Instruction for Rhode Island, Connecticut, North Carolina, Maryland and Pennsylvania. [CO. 5, 1293. pp. 401–403.] |
| July 28. |
245. Draft of above Instruction to Lt. Governor Hope, Bermuda. [CO. 38, 8. pp. 40–42.] |
| July 28. |
246. Corrected draft of above Instruction to Governor Hart. [CO. 158, 14. pp. 222–225.] |
| [July 28.] |
247. Memorial by Stevenson concerning Governor the Duke of Portland's proceedings upon the Acts of Jamaica in Nov 1725 and March, 1726. (v. nth April.) Endorsed, Recd. Read 28th July, 1726. ¾ p. [CO. 137, 16. ff. 255, 256v.] |
July 28.
Whitehall. |
248. Mr. Popple to Lt. Governor Wentworth. Acknowledges letters etc. of 12th Sept., 1724, 21st Jan., 27th Aug., 1725, and 27th March, 1726. Continues :—As it frequently happens that letters from the Governors of H.M. Plantations, as well as the papers referr'd to in their letters, do frequently miscarry, you are desir'd for the future to take notice in the body or postscript of all your letters, by whom you send them, and by the next conveyance constantly to send duplicates of your last letters, and of the papers enclos'd therein, that it may be known for the future, to whose neglect the loss of letters is to be imputed. There having been no regular accounts transmitted to this Office from New Hampshire of the number of negroes that have been annually imported there either by the African Compy. or by the Separate Traders; My Lords Commissioners desire you will send hither by the first opportunity as perfect an account as you can get for as long a space of time backwards as you can etc. and that for the future a regular account may be annually sent to us. [CO. 5, 915. pp. 464, 465.] |
July 28.
Whitehall. |
249. Council of Trade and Plantations to the King. Recommend H.M. disallowance of Act of Jamaica, 1726, for granting a Revenue to H.M. etc., as inconsistent with H.M. Instructions to the Governor etc. [CO. 138, 17. p. 103.] |
July 29.
Whitehall. |
250. Mr. Popple to Mr. Fane. Encloses for his opinion in point of law Act of Jamaica, 1725, for raising several sums of money and applying the same to the use of parties etc. [CO. 138, 17. p. 104.] |
July 29.
Whitehall. |
251. Same to Same. Encloses, for his opinion in point of law, Acts of Barbados. (i) for the preservation of fish (1725); (ii) for erecting magazines at St. Ann's Castle, and building a Town Hall and goal in the Town of St. Michael's (1726); (iii) for the payment of money due from the Publick to the Honble. Will Downes (1726). [CO. 29, 14. p. 426.] |
July 29.
Whitehall. |
252. Same to Same. Encloses, for his opinion in point of law, 3 Acts of New York, Nov., 1725, (i) to let to farm the excise, etc. ; (ii) for continuing bills of credit; and (iii) to revive and continue several Acts. [CO, 5, 1124. p, 394.] |
July 29.
Whitehall. |
253. Same to Same. Encloses, for his opinion in point of law, 2 Acts of Bermuda, (i) for the greater encouragement of planting Indian corn, (ii) against bastardy. [CO. 38, 8. pp. 42, 43.] |
July 29.
Whitehall. |
254. Order of King in Council. Referring to a Committee of the Privy Council the Revenue Act of Jamaica passed 5th March, 1726. Signed, Robert Hales. Endorsed, Recd. 2nd, Read 11th Aug., 1726. 1 p. [CO. 137, 16. ff. 259, 260v.] |
