[? 1728] |
535. Petition of Col. John Staunton to the King. On returning from Spain petitioner sent several persons to recover the estate in Antegoa left to him by Col. Thomas Fox on (v. C.S.P. 1727), of which the steward and the Treasurer of the Island had combined to make a fraudulent sale, but the possessors found means to hinder any prosecution, having feed all the lawyers on the island and bribed off the persons so employed. Petitioner finding about a year past the present possessors in London, commenced a suit against them in the High Court of Chancery. They put the proof of the fraud of the said sale on petitioner, who took out a Commission in Chancery to examine witnesses, etc., and personally did goe with it to Antegoa, and appointed a time and place for sd. Commissioners and witnesses to appeare, but three of sd. Commissioners refused to act or obey any Commission issued from the High Court of Chancery, and the possessors also feed all the lawyers that were then on the island to hinder petitioner's filing a bill in equity against them. He was then advised to get the depositions of such as would voluntary make them before the Governor, and to have the Great Seal affixed to them with a certificate under the General's hand of sd. fraud and value of sd. estate, wch. was accordingly done, and gave notice to one of the Possessors' Council and Manager that petitioner would proceed in that manner and petitioner did also record sd. depositions in the Public Register's Office kept in Antigua. Petitioner is advised that depositions so taken is good evidence before your Majestie and Councill, and it's also taken for evidence in all causes yt. are tryed in the Courts at Antigua. Prays that the case may be heard and parties summoned to appear before H.M., said depositions being admitted. Without signature, date or endorsement. 1 ¾ pp. [C.O. 7, 1. No. 31.] |
[1728]. |
539. Some considerations upon the assistance that may be expected from the British Colonys, particularly those in the Continent of No. America in any Expedition agt. the Spanish West Indies. I do not apprehend that the Crown has a right to command the inhabitants of British Plantations, to march or sail upon any expedition out of their own Provinces. But as the Colonies have all of them establish'd Militias, the Crown has frequently fix'd the proportions of men, which they shou'd respectively contribute to their common defence etc. Quotes Instruction to the Governors of New York and refers to Sir William Phipps' and General Nicholson's expeditions against Port Royal. Continues :—In 1703 the Massachusetts Bay sent two companys to the assistance of Jamaica, then in danger of being invaded. Refers to Expeditions against Conada 1710, 1711 and the contributions made by the Colonies at them. Continues :—But I am very doubtful whether any such assistance can be expected from the British planters on the Continent towards any expeditions against the Spanish West Indies. And if any number of voluntiers should be furnished by them for that purpose, I am still farther doubtfull, whether they can be much depended on in service. For I have been assured by an Officer of distinction, who served in the expedition under Pen and Venables, that the attempt upon Cuba, prov'd abortive, more from the irregularitys and great disorders of their American voluntiers, who were about 2000 in numbers, then from any other cause. And indeed, whoever has served with voluntiers got together occasionally, must know, that they never did, nor ever will act in proper concert with regular forces ; nor even with themselves ; as is evident from all the proceedings of the Bucaniers in America, who for want of such concert, and of a regular scheme, almost constantly lost the fruit of those advantages, which they reaped in the Spanish West Indies ; tho' they were always a terrible thorn in the sides of the Spaniards. These voluntiers however may be of use to annoy the ennemys coasts, and to divide their forces, they may also help to keep possession of any place or country, that may fall into our hands by the chance of war ; provided it be made worth their while to continue there. For their service will always be determined by their interest, and it must be consider'd, that there are very few vagabonds, very few useless hands in our Plantations, and consequently very few people to be found, that will for any continuance of time, be induced to leave a certain settlement, for an uncertain one. Tho' it may probably happen, as it has done formerly, that the hopes of plunder, may alure the seafaring men, to become adventurers in any expedition. We must not therefore depend too much upon our American voluntiers ; but it will certainly be right to call upon the Colonys for their assistance, in this just and necessary war etc. That may properly be done, by directing the several Governors of H.M. Colonys, as well upon the Continent as in the Sugar Islands, to recommend to their respective Assemblys without loss of time, to raise what number of Forces they are able, to joyn those of H.M., at a day and place prefix'd for that purpose ; in order to assist and be employ'd in such Expeditions against the enemy, as by the Commanders in Chief of the King's Sea and Land Forces, shall be thought most expedient; promising all suitable rewards and encouragements to such, as shall pay obedience to orders, and behave well in H.M. service. And that the said Governours respectively do assure their Assemblys, that they cannot possibly render a more essential service to H.M., to their Mother Country, or even to themselves, then by chearfully and speedily complying with the said recommendation. And that no time may be lost in the dispatch of this important affair, the Govrs. may be directed also to issue Proclamations, to the like effect, inviting all voluntiers to the said rendezvous. But I apprehend, that adventurers upon their own account, will rather choose to take their chance in privateers, then joyn the King's Forces and put themselves under the directions of H.M. Admirals and Generals ; especially after the encouragement given to privateers by the bill now depending etc. Encloses copy of Proclamations by Governor Dudley in 1710, 1711 to serve as precedents. Stocks of arms and clothing etc. should be lodged at the rendezvous before the arrival of the American auxiliaries etc., and as an inducement to recruits samples should be sent by the first opportunity to America. A proper person should be sent to purchase provisions in the Northern parts, where they are to be had at reasonable rates. Continues :—If that person were a man of some figure and reputation in America, he might make the tour of the several Governments, sollicit the execution of H.M. orders, raise a proper spirit in the people, and send regular accounts home of their proceedings in this behalf. There is at present a Gentleman in England, lately come from the West Indies, an old Officer in the Army, a man of great fortune in the Leeward Islands, of known bravery and experience in West India Expeditions, one Colonel Morrice, with whom I have no acquaintance etc. If he could be engaged to undertake this task and also to take command of these voluntiers ; no man cou'd be more proper. To speak plainly, few people will care to embark upon an unknown Expedition, without a known leader ; and therefore in all her American Expeditions, Queen Anne made use of Col. Nicholson, a man of good reputation (tho' of moderate parts) who had lived many years in those countrys, and was esteemed by the people. Transport may easily be had, but must be provided without loss of time etc. Continues :—We must not hope for much assistance from either of the Carolinas; I beleive the Spaniards will probably find them business enough at home ; a Proclamation lately published at St. Augustin has drawn many of their negroes from them, in hopes of being enfranchised; and the rest are ripe for rebellion ; so that it is really now come to that pass, that either the people of Carolina must take St. Augustin or St. Augustin will take them. Proposes as many officers as possible should be collected "who have formerly served in American Expeditions. There are some in Col. Philipps' Regiment, particularly one Major Mascareen who has great credit with the people of New England. Philipps's Regiment, the four Independent Companys in New York, and Dalzell's Regiment in the Leeward Islands, should furnish a number of Serjeants and corporals to discipline the American voluntiers ; and encouragement may be given to any old Officers now out of the service" etc. Refers to those who served with Col. Codrington against Martinique etc. Without date or signature. 11 pp. [C.O. 5, 4. No. 36.] |