America and West Indies: November 1724, 21-30

Calendar of State Papers Colonial, America and West Indies: Volume 34, 1724-1725. Originally published by His Majesty's Stationery Office, London, 1936.

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'America and West Indies: November 1724, 21-30', in Calendar of State Papers Colonial, America and West Indies: Volume 34, 1724-1725, ed. Cecil Headlam, Arthur Percival Newton( London, 1936), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol34/pp265-276 [accessed 2 December 2024].

'America and West Indies: November 1724, 21-30', in Calendar of State Papers Colonial, America and West Indies: Volume 34, 1724-1725. Edited by Cecil Headlam, Arthur Percival Newton( London, 1936), British History Online, accessed December 2, 2024, https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol34/pp265-276.

"America and West Indies: November 1724, 21-30". Calendar of State Papers Colonial, America and West Indies: Volume 34, 1724-1725. Ed. Cecil Headlam, Arthur Percival Newton(London, 1936), , British History Online. Web. 2 December 2024. https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol34/pp265-276.

November 1724, 21-30

Nov. 21.
New York.
409. Governor Burnet to the Council of Trade and Plantations. Encloses Acts of Assembly past in July last, (i) The first is an Act for levying £6,630, for the supplying the deficiencys of H.M. Revenue etc., and for making of bills of credit for that value. This Act sets forth in the preamble, the several uses, and in the body of the bill the sums provided for those uses (enumerated). Continues: The reasons for stricking bills, are next expressed (enumerated). The means of assessing these levys on the real and personal estates of the inhabitants, has nothing in it different from former Acts, and the nature of the circulation of these bills, and the provision for sinking them, do not at all deviate from the Acts formerly past for the same purposes etc. But this being an Act for making paper-money, tho' within my additional Instruction which allows of such Acts, when they are for raising or levying, I think myself obliged to offer to your Lordships reasons, that are in my poor opinion sufficient to justify it and other Acts of this nature, with the same precaution. I am very sensible of the disadvantage I lye under in writing upon this argument and the misfortune it is to any cause, to have already appeared in an odious light, as I am but too well convinced, is the case of paper money Acts in the Plantations, by your Lordships' last words (17th June), that bills for encreasing of paper credit, will meet with no encouragement. I hope your Lordships will not think it presumption in me, even after this declaration to endeavour to give you a more favourable opinion of such Acts, and if I go too far in this, it is owing to the encouragement your Lordships have given me by receiving what I have offered on all occasions, in so kind a manner, and admitting the best constructions that my weak reasoning will bear. I have already (12th May) used several arguments to justify the paper Act in New Jersey, and therein I observed how well the bills of New York keep up their credit, and the reasons why they have not fall'n in value as those of Carolina and New England, and that under a good regulation, these Acts are both of service to the trade of the Plantations, and of Great Britain etc. Refers them to letter of 12th May. But there are many things there only hinted at, which I shall now lay before your Lordships, and in which I shall chiefly argue from what is to be gathered by experience in Great Britain it self, from observing the nature of credit and the events it has undergone, and in this I hope I may be the more patiently heard, because what experience I have, was purchased at no very cheap rate. Credit ought to be supported, if it is possible, both by reason and common opinion. Reason tho' ever so strong will not always do alone in the beginning, if common opinion is against it, but it will carry all before it at the long run: Common opinion or humour will generally do for a time without reason nay against it. But then it is often attended with vast mischief and danger. Of this we have a fatal instance in the famous South Sea Scheme, which being left to Common opinion without any restraint, has produced the most terrible effects possible. If there had been a positive law, making all bargains for South Sea Stock, above some fix'd price as 150 void, and making it a legal tender at 100, all these mischiefs would have been avoided: But this would have been called compulsive paper credit: yet because in reason it is worth so much, as long as the Nation stands, and because the Parliament has always kept their engagements, all clamours against this would soon have blown over, and no enemies would have been found to it but brokers. To make this appear, it is enough to prove, that at the bottom, all the present voluntary credit stands upon this very foundation at last, and no other. It is very certain, that there is no proportion between the specie and the great quantity of Bank bills and Bankers notes commonly current, who lend their notes on the several branches of Government securitys, and seldom at a rate under par, very often above par. When the Government is safe, this will do, when there is any danger, common opinion pulls down her own work, and bankers break in abundance, and the Bank itself is put to extremitys. An instance of this I remember at the time of the Preston affair: the Bank would have broke in a few days, if the Victory there had not happened as soon as it did. And the reason was plainly this, because when they had paid away all their specie they had nothing left but Exchequer notes, and such other securitys, to exchange for their remaining Bank notes, and these would have been at such a discount that they must have broke, and compounded for such payment at the best. Thus it is plain that the foundation in reason of the credit of the Bank itself, not to speak of private goldsmiths, is the Government security remaining at par, and yet the Parliament is so good as to provide an interest on these Exchequer bills, and to pay the Bank so much more per cent for circulation, whereas in fact when foul weather comes, the Bank is a staff of reed, and must lean on the Government to prop itself up, and so encrease the load instead of easing it. And thus humour keeps up the imaginary value, when there is no real occasion for it; all Government securitys being at the same time commonly at par. But upon any very ill news the like humour beats down all voluntary credit, in the same manner as it does Exchequer bills etc.: and really carries the general discredit as much farther than it ought, as it had advanced credit beyond its reasonable bounds before, and if once the Bank had broke, then all this would have appeared to a demonstration. But the Bank is yet a Virgin, and the Exchequer was once shut up in King Charles's reign, tho' I think she has since fully made up for the sins of her youth, by punctual payment for thirty or forty years past. If then instead of these secondary instruments of circulation, the Parliament should think fit to make all Parliamentary paper credit a tender at par, and that it be received in all taxes as well as paid, which is doing with private persons, as the Publick is done by, I cannot see that it would be any injustice nor more liable to danger, than the present methods of circulation are. It may be objected, that this is a French way of proceeding, to declare the value of money by edict. But it is easy to answer that the Laws of a free Government, are not at all like the Edicts of an arbitrary one, and that it is as unsafe in France to trust the Bankers, as the Government, for when the Government refuses to pay them, they must break, and so it would be in England: The first breach of engagements in the Legislature to the creditors of the publick would break all the Bankers at once: and therefore what the Government does by their hands, and in which it is in effect their support, it is capable of doing for itself, and if founded on reason, tho' against the present humour, it will prevail in the end. I have already endeavoured to show the danger of common opinion, in money matters, when no ways restrained by Law, by the instance of the South Sea. I may add, that it is the same thing with Liberty in general, if mobs are entirely left to their common opinion or humour, it is well known how fatal they may be to the publick safety: and if the liberty of the poor, which is now grown to such a pitch of licentiousness, as to be the greatest tax and grievance to the Nation, were regulated by as severe and as practicable Laws as in Holland, it would be of great use to the Publick. From all which I beg leave, to conclude, that it is not the names things get for the present, but the real nature of them, that will be found to hold against all events, and that in the instance of paper money, where it is regulated by just laws, and where the publick has not acted contrary to them, their credit is in reason better established than the credit of any private persons or Society, and that the method used to catch the common opinion of mankind, by offering them their money when they please, is nothing but a fashionable bubble, which people are every day sufferers by, when a Banker breaks, and that even the best founded Society's cannot maintain their credit when there is the greatest need of them: But that all credit finally centers in the security of the Government. I take the liberty further to observe to your Lordships, on how many occasions the Government of Great Britain has found it impracticable to raise all the money wanted within the year, from whence all the present debts of the Nation have arisen: The same necessity lyes often upon the Plantations, where frequently a sum of ready money is wanted, which it would be an intolerable tax to raise at once, and therefore they are forced to imitate the Parliament at home, in anticipating upon remote funds. And as there is no Bank, nor East India Company, nor even private subscribers capable of lending the Province the money they want, at lease without demanding the extravagant interest of 8 pr. cent., which is the common interest here, but would ruin the publick to pay. Since this is a case, there is no other possible way left to make distant funds provide ready money, when it is necessarily wanted, but making paper bills, to be sunk by such funds. Without this Carolina would have been ruined by their Indian war, Boston could not now support theirs, nor could any of the Provinces have furnished such considerable sums to the Expeditions against Canada. Nor could at present any of the necessary repairs of this fort be provided for, nor the arrears of the Revenue discharged, which is done by this Act, in a tax to be levyed in 4 years, nor indeed any publick service readily and sufficiently effected. And I may add one thing more, that this manner of compulsive credit does in fact keep up it's value here, and that it occasion's much more trade and business than would be without it: and that more specie is exported to England, by reason of these paper bills than could be, if there was no circulation but of specie, for which reason all the merchants here seem now well satisfied with it. I hope your Lordships will excuse my being so long and earnest upon this head, because it is a subject of the greatest importance to all the Plantations, and what I humbly conceive has been often misrepresented by the merchants in London. (ii) The next Act is for making bills of credit, and putting the same in the Treasurer's hands, for exchanging therewith such bills of credit of this Province, as are torn and defaced. The constant use of these bills in the market, and among common people, had destroyed so many of them, that it was necessary in common justice to find a way to exchange them, when they were no longer fit to pass: which is entrusted with the Treasurer because he gives £5,000 security, for the due discharge of this Office, (iii) An Act for regulating the Militia etc. The former Act was expired, and is now revived with some amendments (iv) An Act for fortifying the City of Albany. This was attempted before, but the method in the former Act was found defective, which is endeavoured to be remedied in this, (v) An Act for continuing the Acts made for prohibiting the selling of Indian goods to the French, with some alterations. Refers to former letters on the subject. Continues: Some small defects are here corrected, and the Acts only continued till Novr. 1725. (vi) An Act to prevent tenants to waste etc. This was found to be very necessary, to preserve the interest of Proprietors, which had been extremely damaged by the licentiousness of tenants. The remaining Acts are of small consequence, and I have nothing further to remark on them, but barely to enumerate them. (vii) An Act for laying out publick highways at Scohare, in Albany County etc. (viii) for laying out highways in Suffolk County. (ix) to oblige the Collector etc. of Richmond County to collect the annual rate, etc. (x) to enable the Mayor etc. at Albany to defray the publick charges of that City, (xi) to enable the Justices of Queen's County to finish the goal and courthouse etc. (xii) to prevent damage by swine etc. (xiii) to prevent boats from being molested; (xiv) for paying Gerrit van Horn, David Provoost, Johannes Jansen and Jacobus Kip for serving in General Assembly (xv) for naturalising Francis Vanderberg etc. (xvi) to prohibit all persons but Susanna Parmiter, widdow, and her assigns, to make lampblack, during the space of ten years. Refers to enclosures sent to Mr. Popple (?. 24th Nov.) Continues: I have just received the observations of the Commissioners for Indian affairs at Albany, who consist of the principal men there, and which I hope will be satisfactory to your Lordships, and is agreable to the report of the Committee of the Council. What they say of the French having lain as a wall at Iagara, between us and the far Indians, when they had goods plenty, is meant only their having had a great storehouse of goods, for they never had a fort there, or above 7, or 8, persons to reside there. But now that they have not goods so cheap, they have seldom had anybody there, and very few goods for these two years past, which is owing to the Act. As to what the Commissioners mention of forces to be sent into the farther country of Indians, I apprehend could not be done without an open breach with the French, and since the trade encreases without any such shew of force, I think it is better to let it take its course by gentle means, which I believe will be sufficient as they have proved already. I herewith send also an account from the Custom house, by which it appears that the quantitys of furs and skins, differ very little for the last four years, from the four years before the Act. But the merchants packing beaver, and other furs and skins, altogether, is the occasion that they cannot distinguish the beaver by itself; but it is universally beleived, that this last year there is more beaver sent than ever, which may be known from the Customhouse in London. I have an account from Schenectady 16 miles above Albany, that by the nearest computation there were from 1716 to 1720 but 30 canoes of far Indians that came hither, and from 1720 to 1724 there are come 323, which is above ten times the number. Thomas Fitch Captain of the Ship Samuel etc., is lately arrived, and has made affidavit enclosed of the delivery of the packet (?. 7th Nov.), to the Postmaster of Deal etc. Signed, W. Burnet. Endorsed, Recd. 12th Jan., Read 16th April, 1725. 18 pp. [C.O. 5, 1053. ff. 290–298?., 300?.]
Nov. 21.
New York.
410. Governor Burnet to the Duke of Newcastle. I now lay before your Grace the propositions I made to the six Nations of Indians at Albany in September last and their answers, with those of the Deputys from Boston, and the Indians answers to them. Their business with the six Nations was, to engage them to join against the Eastern Indians, who are now in a bloody war with that Colony, chiefly at the instigation and encouragement of the French of Canada. But tho' I assisted the Government of Boston as much as I could in this negotiation, and tho' the Indians had made promises to that effect; they now totally refused it, and would neither engage themselves nor suffer their young men to list as soldiers to that Colony which was the alternative proposed to them: But they made several frivolous excuses etc. The chief thing I had to obtain of the six Nations in behalf of this Colony, was, the liberty of building a trading house in their country, on the side of the great Lake called Cataraqui, or Ontario, where we now carry on a great beaver trade with the far Indians, and which is likely to bring that trade wholly out of the French hands into our own, in a few years, if it goes on in proportion to it's beginnings. Refers to enclosures. The facts asserted by the Merchants before H.M., and the Lords of Trade, will appear so groundless, upon inspecting the map, and the report of the Committee of Council here, that I could not have wished for a more favourable occasion of exposing a set of men, who value themselves on being able to overset any proceedings of the Assemblys in the Plantations, that are not according to their humours; for reason and matter of fact are what they are great strangers to. I have likewise added some written reasons for such acts as encourage this trade, and prevent that to Canada. There is another subject on which these merchants have had the good fortune to be credited on many occasions, which is about paper money, and which. I humbly apprehend they have likewise misrepresented: as I have endeavoured to make appear in preceding letter etc. Refers to enclosures. Continues: I hope your Grace will approve this method of giving you a short view of the concerns of this Government, and of referring to my letters to the Lords Commissioners of Trade, for the more minute detail of particulars, if your more important affairs should afford leisure to look into them. This is a method I found had been always used by Brigadier Hunter, my predecessor, and what your Grace's predecessors have not disapproved, and therefore I hope it will be agreable to your Grace. Recommends Mr. Livingston for Council as in preceding. Continues: There is Mr. Ingolsby, an Officer belonging to the forces here, who is both a Lieutenant in my company, and Adjutant to all the four companys here, and has now been almost three years in that post, without ever coming hither, or promising me when he designs to come. He has from time to time obtained H.M. furlough to stay, which I humbly desire your Grace would stop for the future, and give him positive orders to repair to his post, at New York etc. Signed, W. Burnet. Endorsed, Rd. Jan. 12th. 5 pp. Enclosed,
410. i. Duplicate of No. 392 iii.
410. ii. Duplicate of No. 392.
410. iii. Duplicate of No. 395.
410. iv. Duplicate of No. 409.
410. v. Papers relating to the Act for the encouragement of the Indian trade, with a Map. Includes Merchants' petition, reference, minutes and representation of the Council of Trade thereon, report of the Committee of Council, New York, in answer to it, and Colden's memorial on the fur trade (?. supra). Printed and sold by William Bradford in the City of New York, 1724. Tail-piece. 24 pp.
410. vi. Propositions made by the Commissioners of the Massachusetts Bay to the Six Nations at Albany, Sept. 16, 1724. 2 1/2 pp.
410. vii. Answer of the Six Nations, Sept. 18. 2 1/4 pp.
410. viii. Conference of Governor Burnet with the Six Nations, Albany, 14th-20th Sept. 18 1/2 pp.
410 ix. Propositions made by Governor Burnet to the Schaahkook Indians. Albany, 19th Sept., 1724. 4 pp. [C.O. 5, 1092. Nos. 33, 33 i–ix; and (duplicates of covering letter and enclosure v. without map) 5, 1085. Nos. 48, 48 i.]
Nov. 23. Whitehall. 411. Mr. Popple to Governor Hart. Encloses papers relating to the complaint of Mr. Garret of Guadeloupe (?. 16th Nov.) etc. Continues: You are to enquire into the truth of this affair and send an exact account thereof as soon as possibly you can. It will be necessary upon this occasion to send also an account of the negroes, and to whom belonging, that have deserted to the French, and what has been done towards reclaiming them with the proceedings thereon. [C.O. 153, 14. p. 175.]
Nov. 24. 412. Governor Burnet to [? Mr. Delafaye]. Encloses packet for the Duke of Newcastle, having been informed by the newspapers that he is now in his district, and asks him to remind the Duke to order Lt. Ingoldsby to his post (?. 21st Nov.) Continues: In which case I shall be able to give young Mr. Riggs leave to go home, but else I shall have but one Lieutenant to my own company of 100 men etc. I had reason not to be well pleased with Mrs. Riggs informing me that she would get leave and had writ for it, without my knowledge etc. I let her know that I was already troubled at the Pay Office about my rolls, which had been refused because not signed by two leiutenants, and that I would not run that risk again, for the muster-rolls were of great consequence to me, and to my credit, in London. I found I had very much displeased her, and that she even would not own that she ever was obliged to me at all, which I thought very extraordinary, when it was purely to oblige them at your desire, that I brought that company down from Albany etc. Asks him "to assist me in obtaining what she wants in a manner that may be convenient and fit for me to consent to" etc. Encloses acts and votes of last Assembly etc. Signed, W. Burnet. Endorsed, R. Janry. Holograph. 3 pp. [C.O. 5, 1092. No. 34.]
Nov. 24.
New York.
413. Governor Burnet to Mr. Popple. Encloses Acts of New York for 1724 and Minutes of Council, 18th July, 1723—1st Oct., 1724; and Minutes of Council, New Jersey, 14th Nov. 1722 to 24th Oct., 1724, "and the printed Acts and votes of Assembly. I send besides ten copys of printed papers, relating to the merchants' petition, of which I desire you to present one from me, to each of the Lords of Trade, and to take one for yourself, and to keep the rest in the Office, in case they may be at any time called for" etc. Signed, W. Burnet. Endorsed, Recd. 12th Jan., Read 16th April, 1725. 1 p. Enclosed,
413. i. Report of Commissioners of Indian Affairs at Albany on the Merchants' petition and the Indian trade etc. Albany, 12th Nov., 1724. Set out, N.Y. Col. Docs. V. pp. 740–742 q.?. Endorsed as preceding. Copy. 5 pp.
413. ii. List of Acts of New York passed 24th July, 1724. (?. Nov. 21). Same endorsement. 2 1/2 pp.
413. iii. Affidavit by Capt. Fitch, ?. 21st Nov. Signed, Tho. Fitch. Same endorsement, 3/4 p. [C.O. 5, 1053. ff. 304, 305?.–308, 309?.–312, 313?.]
Nov. 24.
Whitehall.
414. Mr. Popple to Mr. West. My Lords Commissioners desire your opinion as soon as may be, whether a Governor can vote as a Councillor in the passing of bills, when the Council sits in their Legislative capacity? [C.O. 153, 14. p. 176.]
Nov. 25.
Philadelphia.
415. Lt. Governor Sir W. Keith to the Council of Trade and Plantations. In obedience to H.M. Instructions, 1st June, 1722, [i.e. for the strict observance of the Acts of Trade and Navigation, Ed.], encloses copies of his proceedings relating to the ship Fame, William Lea master, now under condemnation in this port etc. (?. C.S.P. Dec. 26,1727). Continues: I likewise find myself, by H.M. Royal commands under the necessity of representing that John Moore Esq., Collector of the Customs for this port, has not only been remiss and negligent in his duty, with respect to the Fame, but he has from the very beginning of the affair, acted a most deceitfull and collusive part; in so much that for want of a Court of Admiralty and such other powers as is usual in other H.M. Governments I found much difficulty to overcome the said John Moore's clandestine and injustifiable practices, whereby it would seem as if he intended the Fame should have escaped a legal condemnation in order to cast the blame upon me and maliciously to asperse my character, without any manner of provocation or just grounds, as by the contents of the enclosed papers, will I am confident appear to your Lordships at the first view. When this seizure comes to be sold and disposed of in course according to the law, I shall take particular care that the King's third part be safely remitted into the hands of the proper officers for the receit of H.M. Exchequer etc. Asks for their Lordships' protection in his justly pursuing H.M. interest and service. Signed, W. Keith. Endorsed, Reed. 1st, Read 2nd Feb., 1724/5. 1 1/2 pp. Enclosed,
415. i. Proceedings of the Court of Common Pleas, Philadelphia, 19th Nov., 1724. Information being laid by Patrick Baird, of Philadelphia, Gent., against William Lea, of Philadelphia, master of the Fame, for importing quantities French and East India goods (enumerated) contrary to the Acts of Trade etc., Lea, after first pleading not guilty, is obliged to confess that he cannot gainsay the said information. The Fame with her cargo is thereupon condemned, and writ issued to the Sheriff for the sale thereof. Same endorsement. Copy. 2 pp.
415. ii. Minutes of Council of Pennsylvania, Philadelphia, Nov. 12, 1724. Describes proceedings and corresdence between Governor Keith and Mr. Moore relating to the seizure of the ship Fame, Oct. 31st ff. With notes upon the same by Governor Keith, showing how Mr. Moore endeavoured to frustrate the prosecution. Same endorsement. 16 pp. [C.O. 5, 1266. ff. 162–163?., 164?., 165?.–168, 169–174, 175?.]
Nov. 25.
Philadelphia.
416. Lt. Gov. Sir W. Keith to the Duke of Newcastle. Refers to above complaint against Mr. Moore and asks for his Grace's protection etc. Signed, W. Keith. Endorsed, Rd. Feb. 1st. 1 p. [C.O. 5, 1234. No. 4.]
Nov. 25.
Bermuda.
417. Lt. Governor Hope to the Council of Trade and Plantations. Duplicate, mutatis mutandis, of following letter. Signed, John Hope. Endorsed, Reed. 2nd Aug., 1725, Read 22nd Nov., 1726. 93/4 pp. Enclosed,
417. i. Duplicate of 418 i. 12 pp. [C.O. 37, 11. ff. 248–252?., 254–259?., 260?.]
Nov. 25.
Bermuda.
418. Lt. Governor Hope to the Duke of Newcastle. Haveing this day received advice that a complaint has been made to H.M. in Council against me, for the seizing of a sloop call'd the George and Elizabeth of So. Carolina. I beg your Grace will countenance me so far, as that orders may be given to have that matter examined, that the truth may appear; for I have now by me, a printed paper intituled Bermuda Justice, wherein I am represented to the world as a villain, in a very barbarous manner. If the subject of the complaint be the same with that of the preface to that pamphlet, I have already answer'd it, with that contempt which such malicious stupidity deserves, and I have order'd it to be printed. Explains that the sloop was prosecuted for illegal trade in accordance with his 89th Instruction, (which was never published until his arrival), after taking the opinion of the Attorney General, and the libel was preferred by the Deputy Collector of Customs etc. "Any other thing alledged against me in that simple paper is not true, and none but such despicable men as those who compos'd that paper could have had the malice and stupidity, to have taxed me with them. [They are] a club of smugglers in So. Carolina, by whose interest in the Assembly, the reversion of this tryal is prosecuted, at the publick expence of that Colony." The trial was in every respect in accordance with the rules and precedents of the Court etc. Quotes from his letter to the Council of Trade 14th Jan., 1724 etc. Continues: By the Treaty of Peace and Neutrality, 1686, all manner of trade and commerce is discharg'd to the subjects of both Plantations; and how that Treaty has been kept by the English (notwithstanding H.M. orders to his Governors etc.) I can give no truer account than that simple paper (Bermuda Justice) does: "The sloop belonged to H.M. subjects of South Carolina, Plantation built, navigated according to law, registered and qualified for the Plantation trade, was fitted out on a trading voyage to Martinico, a trade practised from, and allowed of by all the Governments on the Continent of America under the British Crown." The French Governors I must say, do observe it very strictly, when the English smugglers are not able to give the usual bribe for a liberty to break it; and in that case, the Island of St. Lucia is the common place of rendezvous; where the French smugglers do meet and barter with them, as well as with the abandoned traders, and pyrates of all nations. And this is worth your Grace's observation, that allowing (for argument's sake) there was a possibility to have a free and legal trade, betwixt the English and the French subjects in America; yet this is not that trade here desir'd: But it is that very illegal trade pointed at, and condemn'd in the foregoing libel: For when a vessel comes into an English Plantation, loaded with enumerated commoditys etc., without any paper or clearence testifying the legality of her trade; and that the master's oath, is all that is to be depended upon for his having taken them on board in an uninhabited place; How is it possible to know, whether he purchas'd these goods; robb'd them; or got them from the pyrates. This is a distinction very difficult to be made; But this I can averr, that all the three cases have happen'd since my being here. Contests the assertion of the pampleteers that this trade is not illegal in the Plantations, the Acts 12 Car. II and 7 and 8 K. William only referring to England Ireland and Wales etc. Continues: The only seeming objection that can be urged against the prosecution of this sloop, is that which did occur to the Judges, vizt. that "the Law in that point has all along been wink'd at here"; But, my Lord, I must here take the freedom to say, if your Govers. in America will be remiss or negligent in their duty, that is no reason why I should be so too. Refers to his oath and instructions etc. Continues: But how I have been treated upon this account by a crew of despicable, malicious, turbulent wretches, let that printed paper declare: and who those people are, may be easiely gues'd at, by a copy from the Records of the proceedings of the Commons house of Assembly of So. Carolina now by me, which the Governor of that Colony (Mr. Nicholson) transmitted to me. My Lord, I must own that it never enter'd into my imagination, that ever it wou'd be requisite, to give a serious answer to anything laid' to my charge in this affair, else I wou'd have done it sooner; but now that I find H.M. is appeal'd to, and that I am prosecuted by the Agent of ye Province of South Carolina, at that country's expence, I submit the whole to your superior wisdom etc. It is worthy of your Grace's consideration, to observe the height that this illegal trade is arriv'd at: That the Commons of a Colony (as they call themselves) shall dare in a judicial manner, to espouse the interest of a trade, which actually is next door to pyracy; and that in opposition to, and in defiance of the laws of Great Britain, as well as of H.M. Instruction to his Governor published there. What the consequences may be in your Plantation trade, if a stop is not put to this illegal commerce at St. Lucia, and at other uninhabited islands and places, your Grace may easily imagine etc. Signed, John Hope. Endorsed, Duplicate. Rd. by Mr. Aytoune, Mar. 29, 1725. 9 1/2 pp. Enclosed,
418. i. (a) Copy of 89th Article of Lt. Governor Hope's Instructions, to signify to H.M. subjects the purport of the Treaty of Peace and Neutrality and to forbid trade with the French settlements etc.
(b) Copy of libel exhibited by Thos. Brooke, Collector, against the sloop George and Elizabeth for importing molasses, rum etc. of the manufacture of Martinique, illegally shipped in Sta. Lucia, and having no legal clearings etc.
(c) Copy of 1st Article of Lt. Governor Hope's Instructions.
(d) Copy of 4th Article of Lt. Governor Hope's Instructions, relating to his oath to put in execution the Acts of Trade and Navigation etc.
(e) Copy of 22nd Article of Lt. Governor Hope's Instructions relating to trade.
(f) Journal of the Commons House of the Assembly of South Carolina, Feb. 1st, 1723. Upon the application of John Lloyde, the Committee of Correspondence was ordered to direct the Agent of the Province in Great Britain to render Samuel Eveleigh, merchant in this town, what service he can in his application for redress for the very great hardship he conceived he had undergone in having a sloop and cargoe condemn'd in Bermuda etc. Copy. Signed, W. Blakeway, Cl. Dom. Com. The whole, 13 pp. [C.O. 37, 28. Nos. 24, 24. i.]
Nov. 25.
Whitehall.
419. Mr. Popple to Mr. Attorney and Mr. Solicitor General. Presses for reply to Aug. 17th. [C.O. 5, 1365. p. 280.]
Nov. 25. 420. H. Rosst to the Duke of Newcastle. Prays his Grace to forward the grant petitioned for in following. Signed, Henry Rosst. Addressed. 1/2 p. Enclosed,
420. i. Petition of Henry Rosst of Bermudas Island to the King. Prays for grant of one or two small islands there etc. ?. Feb. 4, 1725. 1 p. [C.O. 37, 26. Nos. 30, 30. i.]
Nov. 28.
St. James's.
421. H.M. licence of absence to William Carter from the Council of Barbados for one year more, for the recovery of his health. Countersigned, Holles Newcastle. Copy. [C.O. 324, 35. p. 98.]
Nov. 30.
Whitehall.
422. Duke of Newcastle to Governor the Duke of Portland. I give your Grace this trouble at the request of Count Broglic the French Ambassador here, to desire your favour and protection to the Sieur de Chamfleur, a French gentleman of a good family, who has lately settled in Jamaica: the Ambassador has behaved himself here in a manner so very agreeable to the King, that H.M. would be glad of an opportunity of doing a favour to any of his friends, etc. Copy. Signed, Holles Newcastle. [C.O. 324, 35. p. 99.]