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June 1.
Whitehall. |
186. Council of Trade and Plantations to Lt. Governor
Spotswood. We have lately had under consideration your letters
of 2nd June, 17th Aug., 14th Sept., 16th Nov. and 29th Dec., 1713,
and of 29th March and 25th Oct., 1714, to the late Board. We
have also receiv'd and read your letters of 1st Dec., 1714, 27th
Jan., 28th March, 4th June, 15th July, 9th Aug., 24th Oct., 1715,
and 16th Feb., 1715/16. As the greatest part of the business in
those letters is over, we shall be but short in our present answer;
however, there are some things we must take notice of and
particularly what you write in your letter of 2nd June, 1713, about
holding the Courts of Oyer and Terminer and the constituting
the Judges thereof. We concur with the Council that there is
no need to hold such Courts when there are no criminals to be
tried; but we do not see what reason they have to insist upon
being the sole Judges of such Courts; for H.M. Commission
impowers you to appoint judges etc. so that you are at liberty
to appoint such persons as occasion shall require. You say
indeed that the general Court has hitherto been the only stated
Court that has had cognizance of life and member and that the
Council are constituted Judges thereof. If they are so constituted
by Act of Assembly it alters the case, yet even then we do not
see why you may not by vertue of H.M. Commission and Instructions appoint a particular Court of Oyer and Terminer, and
constitute the Judges thereof, unless it be otherways directed as
aforesaid by Act of Assembly. But there is one assertion of
theirs wherein they are mistaken, and that is that gentlemen
in England are never added to the Judge's Commissions of Oyer
and Terminer, but in the circuits; for it is frequently done here.
As to what you write about the Tobacco trade in the same letter
and about the quit-rents in your letters of 1st Dec., 1714, and 4th
June, 1715, you will see by our report of 2nd Sept. last (a copy
whereof is here inclos'd) what we have offer'd to H.M. upon those
heads. We have considered the Act for seating and planting
of lands and have laid the same before H.M. for his Royal approbation; as to the other Acts, we have them under consideration,
and shall lay such of them before H.M. as shall be necessary.
We need say nothing to you upon the subject of Councillors, that
matter having been determin'd by H.M. Instructions. We do
not clearly understand your reasons why the Councillors may not
act in two capacitys, that is as Councillors and as the upper House
of the General Assembly, since it may so happen that some things
may pass in that branch of the Legislature of which they are
members, which when they come to reconsider as Councillors
they may advise to be rejected, in which we do not at present
see any inconsistency, but if this is liable to be attended with
ill consequences as you seem to say, we shall be ready upon
your further explaining the same to us to alter our opinion.
You are very much to be commended for your care in preventing
illegal trade with the French, and we doubt not but you will
think it not only your duty but interest to be very diligent
in seeing the Acts of Trade and Navigation duly put in execution.
Your endeavours towards the education of the Indian children is
also very commendable and we shall be glad to hear from time to
time of the progress made therin. As we think it will be of publick
service that you give the said Indians all the encouragemt. and
good usage possible; we cannot agree with you in opinion that
out Friend Indians should be prohibited coming near the Brittish
settlements, for we know by experience that the French living
amongst the Indians and intermarrying with them has been
one great reason of the Canada and Eastern Indians adhering
so steadily to the interest of the French. As to a supply of arms
you will have seen by our Secry's. letter of 22nd Sept. last what
we did upon your desire etc. And upon this occasion we must
approve your care in assisting your neighbours of Carolina who
thô a Proprietary Government are nevertheless H.M. subjects.
We have consider'd your speech mention'd Oct. 24th, and think
it necessary to give you our opinion upon it, that thô the
Assembly was compos'd of mean ignorant people, and thô
they did not comply with what you might reasonably expect
from them, yet we are apprehensive that such a speech, so full of
sharp expressions may not only incense them but even their
electors to such a degree as may require a considerable time before
the people are brought to temper again. However, we hope
that by your prudent management no future Assemblies will
deserve such a reprimand. We have under consideration the
proposal you sent us, Feb. 16th last, for determining the bounds
etc., upon which we can only observe that it is impossible for
us to know whether the bounds as laid down in that paper are
right or not, for that is a matter that can only be determin'd by
the Comrs. on both sides on the spot. However, after we have
consider'd it further and communicated it to the Lords Proprietors
of Carolina, we shall lay it before H.M. and give you an account
of H.M. pleasure thereupon. [C.O. 5, 1364. pp. 376–381; and
5, 1335. No. 197.] |
June 1.
Whitehal. |
187. Council of Trade and Plantations to Peter Heywood,
Commander in Chief of Jamaica. Upon occasion of H.M.
recalling the Lord Archibald Hamilton from the Government of
Jamaica, and appointing you Commander in Chief of that Island,
we have thought it necessary to send you the inclos'd extracts of
two of our letters to his Lordship for your information and
guidance in what may be expected from you. We cannot omit
earnestly desiring you to promote and recommend unanimity in
all your public proceedings for H.M. service, the safety, wellfare
and good of the Island, and that you'll do your utmost to prevent
all heats and animosities, so destructive to justice and the public
service. The preservation of the peace and safety of Jamaica,
is of such consequence, that we hope the Assembly will maturely
consider of it with the present circumstance of that Island, in
regard to the growing power of the French and Spaniards and
the weak condition of your own militia; so that it may be needless
for us any more to recommend the taking care of providing the
additional subsistance necessary for H.M. Forces there, till the
Island shall be better strengthen'd by white people, and that H.M.
shall be pleas'd otherwise to dispose of the said troops. We wou'd
likewise hope it unnecessary, thô we desire you as you see
occasion to assure them of our readiness to second whatever
may be offer'd by the gentlemen of Jamaica, that may promote
their true interest and H.M. service. [C.O. 138, 14. pp. 430–432.] |
June 2.
Admty. Office. |
188. Mr. Burchett to Mr. Popple. Returns packet for the
Governor of Jamaica, the Adventure having sailed, etc. Signed,
J. Burchett. Endorsed, Recd. 4th, Read 5th June, 1716. 1 p.
[C.O. 194, 6. No. 16; and 195, 6. p. 290.] |
June 2.
St. James's. |
189. H.M. Warrant appointing Edmond Kelly Attorney
General of Jamaica in reversion from and after the determination
of William Broderick. Copy. 1½ pp. Enclosed, |
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189. i. The King's instructions to Mr. Secretary Stanhope
to prepare above warrant. Copy. ¼ p. [C.O. 137,
46. Nos. 18, 18 i.] |
June 4.
Custom ho., London. |
190. Mr. Carkesse to Mr. Popple. The Commissrs. of the
Customs desire to know whether the French part of St. Christophers has been granted away by the Crown, and, if so, the reserved
rent thereof, etc. Also if the Governour of Berbuda, an Island
belonging to Coll. Coddrington, has been approved by H.M. etc.
Signed, Cha. Carkesse. Endorsed, Recd. 4th, Read 5th June,
1716. Addressed. 1 p. [C.O. 152, 11. No. 4; and 153, 12. p.
395.] |
June 5.
St. James's. |
191. H.M. Warrant granting John Cornelius, Naval Officer of
Barbados, leave of absence for two years, etc. Countersigned,
James Stanhope. [C.O. 5, 190. pp. 350, 351.] |
June 6.
New York. |
192. Governor Hunter to the Council of Trade and Plantations. Abstract. His hopes of an improvement in the Assembly of
New Jersey were justified. The conduct of Mr. Speaker Cox has
opened the eyes of the country. He has fled with many of his
crew to Bristol in Pennsylvania, where the sculking disaffected
few with the Rev. Talbot at their head meet him, but their power
has dwindled. Mr. Sharpe having been elected and so cast the
balance on the right side, Mr. Cox dispaired of carrying any
point in the Assembly and absented himself together with all those
whom he could persuade to follow him. The remaining members
met, but being only twelve, were unwilling to act as a house
without a majority. After several adjournments, they addressed
the Governor to oblige the absent members to attend, who sent
orders to them by the Sergeant at arms. Some obeyed, and when
they were sufficient to act as a house, being fifteen, they chose
a new Speaker and sent their Serjeant at arms for their absent
members. Being informed that none were to be found but that
most of them had fled to Pennsylvania, they expelled them
and ordered writs for new elections in their place. They then
drew up enclosed addresses etc. If, as he hopes, he has got rid
of Talbot, the rest will return upon their knees to their duty,
and the Province be as easy and happy in a little time as this.
The Assembly of New York met yesterday. His speech to them
(enc. No. iv.) did them no more than justice, for real joy appears
almost in every face for H.M. success over his enemies. Promises
himself nothing but what is dutiful and fair in this sessions.
Has transmitted to Mr. Champante enclosed address to the
King, etc. Signed, Ro. Hunter. Endorsed, Recd. 30th July,
1716, Read 26th Nov., 1717. 2 pp. Printed, N. J. Archives,
1st Ser. IV. 255. Enclosed, |
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192. i. Governor Hunter's speech to the Assembly of New
Jersey, 19th May, 1716, requiring them to take the usual
methods to oblige their fellow members to attend.
Signed and endorsed as preceding. Copy. ¾p. Printed,
N.J. Archives 1st Ser. IV. 249. |
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192. ii. Address of the Council and Assembly of New Jersey
to the King. Perth Amboy, 25th May, 1716. Welcome
H.M. accession as a deliverance from the dangers which
threatened their civil and religious liberties. Same
endorsement. 2 pp. Printed, N.J. Archives, 1st Ser.
II. 253. |
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192. iii. Address of Assembly of New Jersey to Governor
Hunter. Your administration has been a continued
series of justice and moderation. Will make returns
by providing a handsome support for the Government,
The late Speaker by his last action shows that his
study has been to disturb the quiet of the Province and
act in contempt of the laws etc. Signed, by order of the
House, Will. Bradford, Clk., Perth Amboy, 23rd May,
1716. Same endorsement. 1 p. Printed, N.J. Archives,
1st Ser. II. 250. |
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192. iv. Governor Hunter's speech to the Assembly of New
York, 5th June, 1716. We have reason to rejoice over
H.M. success against the desperate attempts of his
unnatural subjects and the Popish Pretender. H.M.
has not a Province where fewer look a Squint on his
rightful title etc. The late insidious treaties of peace
and commerce, left it too much in the power of our
enemies to annoy us on this side. The vast preparations
in France for settlements behind you along the Messasipi,
with the neighbourhood of a very considerable garrison
and sea port at Cape Breton, I hope will be sufficient
to induce you to put yourselves into a better state of
defence against the evil day to come etc. Recommends
strengthening of this fort and that at Albany, which
is next to none at all, now that the burdensome expence
of the fruitless expeditions is in a great measure over,
and the subject here is less loaded with taxes than any
of their neighbours. Hopes for augmentation of the
troops here, the Lords of Trade having seconded his
representations. Recommends payment of the publick
debts etc. Signed, Ro. Hunter. Endorsed, Recd.
30th July, 1716, Read 26th Nov., 1717. Printed by
William Bradford in the city of New York, 1716. 2 pp. |
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192. v. Address of the Council and General Assembly of
New York to the King. Give thanks to Heaven for the
suppression of the rebels who unnaturally attempted
to dethrone the best of Princes and destroy the best of
Constitutions etc. Signed, A. D. Peyster and 7 other
Councillors, and W. Nichol, Speaker and 17 other
Assemblymen. Some signatures torn off. Endorsed as
preceding. 1 p. [C.O. 5, 971. Nos. 23, 23 i.–iii.
(without enclosures iv., v.); and (enclosures iv., v. only) 5,
1051. Nos. 39 i., ii.; and (without enclosures) 5, 995.
pp. 356–360.] |
June 7.
Admlty. Office. |
193. Mr. Burchett to Mr. Popple. Returns pacquet for
Mr. Haywood, the Adventure having sailed before it came to
hand, etc. Signed, J. Burchett. Endorsed, Recd. 7th, Read 8th
June, 1716. Addressed. 1 p. [C.O. 137, 11. No. 21; and 138,
14. p. 433.] |
June 8.
Whitehal. |
194. Mr. Popple to Mr. Burchett. The Council of Trade and
Plantations desire that the pacquet mentioned in preceding
may be sent by a merchant ship. A duplicate whereof may go
with any sloop or small frigate of H.M., when any such shall sail
to that Island. [C.O. 138, 14. p. 434.] |
June 8.
N. York. |
195. Governor Hunter to Mr. Popple. Mine to the Board will
inform you that Cox and his pitifull crew are defeated and fled,
he holds Councils in Pensilvania, at the last it was resolv'd that he
and Talbot should go over, and apply to the house of Commons
since they cannot prevaile with the King, the Minrs. or the Lords
ha ha ha. I doubt he will not go after all but get in his subscription money and remaine at Philadelphia where I hear he has
taken a house. Do not forget me nor my Palatine clames.
I now believe that I shall live to thank you, etc. Signed, Ro.
Hunter. Endorsed, Recd. 30th July, 1716, Read 27th Nov.,
1717. Holograph. 1¼ pp. Enclosed, |
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195. i. Indictment of Thomas Gordon, Attorney General of
New Jersey, presented by the Grand Jury of Burlington,
for declaring the Act of Parliament, 1st George, for
making perpetual the Act of affirmation etc. (v. April 30),
to be "no better than a ballard" etc. Endorsed as
preceding. 1½ pp. [C.O. 5, 971. Nos. 25, 25 i.; and
(without enclosure) 5, 995. p. 363.] |
June 8.
N. York. |
196. Governor Hunter to Mr. Popple. Encloses Minutes of
Council of the Jerseys, etc. Signed, Ro. Hunter. Endorsed,
Reed. 30th July, 1716, Read 27th Nov., 1717. Holograph. 1 p.
[C.O. 5, 971. No. 26; and 5, 995. p. 364.] |
June 8.
Whitehall. |
197. Mr. Popple to Mr. Carkesse. Reply to 4th June. Two
representations containing proposals for the better settlement of
St. Christophers were transmitted by the Council of Trade and
Plantations to Mr. Secretary Stanhope the 3rd and 4th May, 1715,
but they have not yet receiv'd H.M. pleasure thereupon. In
relation to Barbouda, their Lordships do not know that any
Lieut. Govr. has ever been propos'd to the Crown for approbation.
[C.O. 153, 12. p. 396.] |
June 8.
Whitehall. |
198. Same to Tho. Frankland, Clerk of the Delivery of
Ordnance. The Council of Trade and Plantations desire to know
what arms and ordnance stores have been sent from the Office of
Ordnance to the Leeward Islands, if any, since 1702. [C.O. 153,
12. p. 397.] |
June 8.
Whitehall. |
199. Same to Sir E. Northey. The Council of Trade and
Plantations being now preparing Instructions for Col. Shute, for
the Governments of the Massachusets Bay and New Hampshire
send you the inclosed copy of a clause relating to the taking and
administring of oaths, etc. in lieu of the clause (4) which was
given before, for your opinion whether the same do answer the
intent of the several Acts of Parliament now in force, etc.
Annexed, |
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199. i. Copy of clause (a) proposed ut supra. |
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199. ii. Copy of clause (b) in Col. Burges' instructions (v. July
18). [C.O. 5, 914. pp. 369–371.] |
| June 9. |
200. Mr. Attorney General to the Council of Trade and
Plantations. Reply to preceding. The Commissions are passed
according to clause B. wch. I think is right for although the
Abjuration oath is altered by the Act of ye 1st of ye King yet the
other oathes are not thereby altered and therefore it will be proper
to mencion ym. as in clause B. wch. clause I am of opinion will
be proper to be continued. Signed, Edw. Northey. Endorsed,
Recd. 11th, Read 14th June, 1716. 2½ pp. [C.O. 5, 866. No.
78; and 5, 914. p. 372.] |
June 9.
Whitehall. |
201. Mr. Secretary Stanhope to Governor Haywood. Since
my last to you, by which I convey'd to you H.M. Commission
and Instructions, H.M. has thought fit to sign the additional ones
herewith enclos'd, by which you will see, that what relates in the
former Instructions to the effects either of the Governor, or of
any other person who shall be seized and sent hither, is restricted
to the taking an account of their effects, and in whose hands they
are, and not to go farther, and you are to regulate yourself
accordingly. I am further, by H.M. orders, to acquaint you,
that what is meant of the other persons besides the Governor to
be seiz'd and sent hither for the unjustifiable practices mention'd
in your Instructions, is only of persons who have been guilty of
these practices at sea, and who by the law may be tryed here; for
as to such who have been accessory to them at land, they can
only be tryed upon the place except the Governor. Signed,
James Stanhope. Annexed, |
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201. i. H.M. Additional Instructions to Governor Haywood.
St. James's, June 5th, 1716. We having had [Our
Instructions, May 28th] further under our consideration,
have thought fit hereby to direct you to pursue them
in so far as relates to the persons either of the late
Governor if he has been concern'd in these injustifiable
practices or any of the other who have been guilty of
the abuses mentioned, by seizing them and sending
them hither by the first opportunity with such evidence
as shall be proper for convicting them according to law,
but you are to take notice, notwithstanding anything
contained in our former Instructions, that you are not
to seize the effects either of ye Governor or of any other
person who are to be sent hither as criminals, but you
are only to take an accot. of their effects and in whose
hands they are, that in case they shall be found guilty
according to law, it may be known where their effects
are to be found. Signed, G. R. Copy. [C.O. 5, 190.
pp. 347–349.] |
