|
June 11. |
202. Receipt of Tho. Johnson for £20 recd. from Capt.
William Murrey on account of the transportation of Mr. John
Porteus to Virginia or Carolina, in order to serve John Lord
Carteret the term of 7 years (v. June 13). Signed, pr. Tho.
Johnson. Copy. [C.O. 5, 290. p. 97.] |
June 12. Jamaica. |
203. Governor Lord A. Hamilton to the Council of Trade and
Plantations. Refers to enclosures. We heartily wish we could
have been earlyer with these assurances of our duty; but our
distance from one another, my own indisposition after two such
fatiguing and unsuccessfull sessions of Assembly with some other
intervening accidents has made the delay unavoidable; however
we hope for the honour of your Lopps.' countenance to these
Addresses. Herewith comes likewise duplicates of the three
Acts past the last Assembly, as also copys of the Bills mention'd
in the Representation of the Council, by which your Lopps. will
better judge of the views of the Assembly in those Bills, and of the
amendments of the Council disagreed to by the other. I have
allready acquainted your Lopps. with the unhappy conclusion
of that Assembly, and with the expedient made use of for the
immediate support of H.M. Government, which I begin to find
will sooner fail me then I expected by reason of the difficultys
and delays the recovery of the outstanding debts upon that
Additional Duty fund are like to meet with. The Representation
and Memoriall of the Council are so full and put the affairs of
this Island in so true and cleare lights that little room is left me
to add thereto. Your Lopps. will observe in the Memoriall
what methods are humbly offer'd for the support of H.M.
Government and better peopleing this Colony, in which I intirely
agree with the Council, could I have any dependance upon a
new Assembly or be of opinion that they might be brought into
such an Act as is there proposed, but I think it my duty to acquaint
you, that I cannot after what I have lately seen, answer for the
success of it, tho' H.M. should even be prevail'd with to
recommend it. To such a hight of insolence and obstanacy are
some men arriv'd, so that there seems an absolute necessity that
an expedient be thought of. I am very unwilling myself to propose
any, which may be a discouragement to the whole Island, and
I'm sensible the makeing laws for them in Britain wou'd be
thought such by the Council, and the most sober and well disposed
men in the Island, and yet I can think of but one other expedient
in nature, and that is to impower the Governor and Council with
the inforceing such a law in case of an Assembly's refusing
to join in it. This was done before Assemblys were establish'd,
and may perhaps convince them best that Assemblys have their
being from H.M. Patent under the Broad Seal of Great Brittain,
and that it is extream vanity in them to assume all the priviledges
of a House of Commons. When you observe my Lords that the
Council have even blam'd me for too much lenity in my Government, you will not believe I am aiming at power to gratify any
views, but such as are for H.M. service, and if this expedient may
meritt your consideration I wou'd humbly propose likewise
that the number of the Council might be augmented to 15, so
that 12 might be allways resident, and which indeed I conceive
whatever your determinations are to be of singular use and
service to the Island, towards retrieving a just ballance of power
and interest in it, and if this shall be thought proper, I presume
to recommend James Risbee, John Campbell, John Morant,
Joseph Hodges, George Mudd after those allready recommended
as men of good estates and clear characters, and by the most
impartiall judgements I can make in all respects best qualify'd
for that trust. In a former I acquainted you of the Assemblys
having presumed to raise money by a kind of ordinance which
was so warmly espoused in their House that I'm well inform'd 1100
pounds was subscrib'd by the members only, the writting subscrib'd to, tho' twice formally read and sign'd in the House, they
have stifled in their Minutts, but I am well assured the same was
in the following words. "Whereas it must be adjudged necessary
and convenient not only for the getting such laws confirm'd
in Great Britain as shall be passed in this Island, but for the
solliciting and transacting of all such matters as shall tend to the
wellfare of the same that a sufficient sume of money should be
sent home for the ends and purposes aforesd. (no solliciting Bill
being now in force). We therefore whose names are underwritten
members of this present Assembly do for the carrying on of so
good and necessary a work voluntarily and chearfully subscribe
the severall sumes following, which we promise to pay in respectively at demand into such hands as the majority of the subscribers
shall think fitt to order the same, hence to be remitted to the
Kingdom of Great Britain into the hands of Sr. Gilbert Heathcote,
Knt., or any other person or persons to be by him or them apply'd
for the ends and purposes aforesaid." Subscriptions of this
kind have been with great zeal and industry sollicitted by some
of the late members all the country over; what all the subscriptions may amount to I know not but I'm well inform'd part of
the money raised is some time since remitted to one March a
principall agent of theirs. I am not able to accot. for this extraordinary step otherwise then that it is made use off to delude the
ignorant people here out of their money to carry on private ends,
and reward their sollicitters at home against their Governors, but
I hope they will now be call'd upon to show the grounds they have
for complaints, and if they are found to be insufficient that
methods may be taken to oblige the collectors of this money to
accot. for it one way or other, that it may be restored or apply'd
to publick service, and to prevent so unwarrantable a practice
for the future, without which it will ever be impossible for H.M.
service to be carried on here. I am now to lay before you some
matters of a quite different nature which very essentially effect
this Colony, therefore must not be omitted. Since the cessation
of arms and the conclusion of the peace with Spain H.M. subjects
in these parts have contrary thereto been often robb'd and
plunder'd both by sea and land by Spaniards, and severall British
vessells, have been taken on the seas passing on their lawfull
occasions by Spanish vessells under colour of commissions for
guarding their coasts, and frequently by vessells having no commissions, for which no other pretence, has in some cases been
found, then that some few Spanish pistolls or inconsiderable
sums of coin'd silver of that nation (which is our court. money)
has been found on board, which they have pretended was
counterband goods, some vessells indeed have been seized on
their coast on suspition of trade, and have been detain'd and
keept without any proof of their having traded and without any
legall condemnation. Of all which I have made repeated instances
and demands for restitution, to the respective Spanish Governments without being able in any one instance, to obtain the least
satisfaction to the partys aggriev'd, tho I had given an example of
that kind immediatly after the cessation by causeing exact
restitution to be made for goods of a considerable vallue taken
off Hispaniola the cessation being then even unknown to the
captors. These frequent losses and injurys sustain'd by our
merchts. and tradeing people, and our Navigation being rendered
extreamly dangerous, even beyond what it was in time of open
war; H.M. ships and vessells which have been on this station
haveing not been sufficient, and indeed of little use for preventing
such insults, being restrain'd by their orders from cleaning
abroad, and thereby as well as by their bigness rendered unfitt
to goe after clean light and nimble vessells. And haveing been
frequently importuned by the clamours of our tradeing people,
I was prevail'd upon at last to grant commissions to some to arm
and cruize upon pirates and all necessary precautions were
taken to prevent any inconveniencys by such commissions but
the Spanish Flota hapening to be shipwreck't about the same
time two or three of these comission'd vessells and severall others
have gon thereon, which will be explained to you by the Minutts
of the Council herewith transmitted, and finding reason to believe
some ill uses had been made of these commissions I thought
proper to recall them by proclamation as like wise to prohibite
fishing or diveing on those wrecks, as will appear (Minutes of
Council page 214). One of these comission'd vessells has retaken
a sloop belonging to merchts. of this Island sometime since seiz'd
by the Spaniards with a considerable cargo, which not appearing
to have been condemn'd in any port belonging to the Spaniards
tho' it appears the vessell had been in severall since the first
capture she has been sent in as piratically taken by the Spaniards,
and condemn'd in the Court of Admiralty here with the Spanish
cargo, nobody appearing to claim or defend. I understand an
appeal is now intended. I shall take the best measures I possibly
can that justice may be done; but my Lds. you will easily discern
the difficultys I labour under in an affaire of this nature, with
mutuall complaints and disorders; on the one hand the Spaniards
have been the first aggressors and H.M. subjects in these parts
have long suffered many and great losses, on the other our
Buckaneers and seafareing people exasperate thereby and
tempted by the allurements of rich wrecks, have at length I'm
affraid, presum'd to make reprisalls. The most usefull strength
of this Island are our seafareing people; rigorous prosecutions
will I doubt drive them all from us. And yet I conceive it indispensably necessary that justice be done H.M. allys, and exemplary
punishment inflicted on notorious offenders; in order to this some
have been try'd lately for robbing a Spanish boate in a remote
harbour of this Island, and one man was condemn'd to be hanged
for that robbery, but was from under the gibbett resqu'd by the
mobb at Port Royall. This riote together with an insolent
robbery committed on a vessell in Port Royall harbour seized
by the King's Officers, with their waiters aboard, and the goods
by arm'd men carry'd away in the night are such dareing attempts
that I thought it necessary with the advice of the Council to
issue out a Proclamation promissing a reward and pardon to the
discoverer. Strict examinations have likewise been taken, but
no discovery is yet made. The want at this time of the protection
of any of H.M. ships is an unlucky circumstance at this juncture
and doubtless gives incouragement to the frequent robberys and
disorders comitted at sea. Having now troubled your Lopps.
with so many and such volumanius papers, from which upon
the whole you will discern the necessity of speedy measures for
better peopleing the Island and for supporting the Governmt.
and authority of the Crown incroach'd upon by a part of the
Legislature exceeding their due and reasonable bounds strengthening themselves with pretences of publick good, and of their own
priviledges as the representatives of the people, a few designing
and malicious men imposeing and deludeing the Generality
so far infatuate as to seem insensible of their present danger,
and regardless of their future safety and true interest. These
disorders my Lords call for H.M. own interposition, and I shall
conclude with humbly intreating your Lopps.' favour in obtaining
such speedy and effectuall directions for the redress of them as the
necessity and circumstances of our affairs require. Signed, A.
Hamilton. Endorsed, Recd. 13th Augt., Read 5th Sept., 1716.
12½ pp. Enclosed, |
203. i. Memorial of the Council of Jamaica to the Council
of Trade and Plantations, 13th March, 1715/16. Refer
to former Representation etc. Continue:—We humbly
offer it as our opinion that in order to redress the
unhappy state of our affairs here, two things which
H.M. has been pleas'd to recommd. are both absolutly
necessary to be comply'd with, to wit, that an honourable
provision be made for H.M. Revenue; and effectuall
measures taken for better peopling the Island. By an
honourable provision wee humbly conceive ought to be
understood a Revenue equall to the annuall charge of
the Government, the latter now exceeding the former
about £2000 per annum. This has been occationed in
great measure by the decrease of inhabitants, the
consumption decreasing and consequently the dutys
upon imposts; and to this want of an annuall supply
to support what wee may call the Civill List, wee think
the weakness of the just authority of the Government
and the growth and power of party is cheifly to be
imputed. The charge of the Government wee compute
at £6000 and the Revenue at £4000: besides which
there is near £3000 per annum wanting to provide an
additional subsistance for the two independant
Companys, so long as H.M. shall think fit to continue
them. My lords, wee think there are but two ways by
which this may be possibly remedy'd, either by lessening
the charge of the Government, or encreasing the
Revenue. As to the first, wee confess wee cannot see
how the charge of the government can be materially
lessned, wee are sencible some among us have
projects of proposing this by desiring H.M. to appoint
a Lieut. Governour which has the appearance of saving
£1250 pr. annum, even this is not sufficient, and will
still leave H.M. Government in the power of a party
to support or distress it, besides many advantages our
Governours have formerly made are taken away by that
beneficial Act for quieting possessions; and their
perquisits are not so great in time of peace as in warr,
and wee therefore think it our greatest happiness and
best security at this distance that their sallary and
just advantages shou'd be such as may not subject
them to temptations, for which reasons wee cannot
think this a fit expedient, etc. The Additionall Duty
Bill as it was prepar'd this last session of the Assembly
with the amendments made by the Council wee humbly
offer to your Lordships' consideration as what wou'd
not only answer all the occations of the Government
but wou'd admit of about £2000 pr. annum to be laid
out in bringing over and setling inhabits., and this wee
humbly conceive to be the easiest and most equall
tax that can be laid upon the inhabitants, especially
considering the planters by the Acts of 1703 and 1712
for bringing over and providing for white people in
case they are put in execution are sufficiently taxt
already for their deficiencys. And wee humbly offer to
your Lordships' consideration in case you shou'd think
fit to recommend the passing such an Act, if it wou'd not
be more advisable that it be past for some few years,
etc., during which time Acts for the encrease of inhabitants may take effect, and the divisions amongst us may
be heal'd or worn out. But in such case wee humbly
recommend to your Lordships, that you will be pleas'd
to advise H.M. to give the Governour instructions not to
disuse or lay aside Assemblys but to direct the same to
be called every year and to allow them liberty to sit
and pass such laws as may be thought necessary for
the better regulating the affairs of the Island and that
they may have full and free liberty to inspect all publick
accts. and see the application of all publick mony and
represent the same to H.M. as they may find occation.
This is what wee cou'd heartily wish an Assembly cou'd
be prevailed upon to come into etc., but if they shou'd
not, we beg your Lordships to think of such expedients
as may be least exceptionable and admit of the least
delay, which our condition will not admit and wee are
perswaded from your Lordships' observations upon the
proceedings in this Island etc., that you will not advise
H.M. to leave the Government any longer to subsist precariously, etc. As to peopling the Island wee have
seriously consider'd all that H.M. had been pleased
to recommend as likewise what your Lordships have
wrote etc. Wee intirely agree that the Act for regulating
servants is too severe etc., but the same has rarely been
executed with strictness, and wee think it ought not to
be untill it may be repeal'd and a better regulation
substituted. Wee likewise agree with your Lordships
that all possible indulgence ought to be given for the
encouragemt. of people to settle among us, and shall be
ready to give our consents to any such laws, in the
mean time wee are humbly of opinion that the Acts in
force for the encouragement of bringing them over
ought to be put in execution and have great hopes
that a considerable number of inhabitants may be
acquired thereby. Your Lordships will find that one
of the Acts you have taken notice of, 25th Aprill, for
encouraging the importation of white servants is repeal'd
by a clause in an Act to encourage the importation of
white men, which last wee think to be a good law. By
this Act every planter is obliged to keep one white man
for his first 10 negroes young and old, and two for the
first 20, and one for every 20 after the first and in the
like manner for the first 60 head of cattle horses etc.,
one white man and one for every 100 after the first 60:
the passags. of these men are required to be paid by the
Receiver Generall and are to be plac't upon the planters
according to such deficiencys, and they are oblidg'd to
reimburse the Receiver Generall for them again who is
to apply that mony towards paying the passages of
others, so that this is a perpetual fund and only wants
a sum of mony to enable the Receiver Generall to make
the first disbursemts. for which £500 was appropriated
by that Act but little as it was we don't find it was
ever apply'd; by the proportion of white men to black
at this time wee compute at least 2000 men might be
provided for by this deficiency. By the same Act
every boat wherry or canno is required to keep a white
man or forfeit 40s. pr. month which wou'd be a provision
for at least 200 men more. And by another Act past
in 1712 to encourage white men to come and settle etc.
there is a further provision made by obliging vessells
trading about the Island, hackney coaches and waines
to employ white people, so that wee cannot think there
is altogether so great want of laws etc. as of a virtuous
and strict execution of these laws and of others to
establish and fix them here as inhabitts. by providing
a good and comfortable prospect of living for servants
when their time is expired, either in the planting interest
or in trades. Indeed what seems most defective in
these laws is that there is no provision for the encouragement of women which defect we hope may be remedy'd
hereafter. Wee intirely agree with your Ldshps. in
the encouragement you propose of granting small
parcells of land to new comers to settle and are of
opinion with those gentlemen who sign'd a memorial to
your Lordships that a reasonable tax upon uncultivated
land of which there are great quantitys wou'd be the
best means to induce the present proprietors to cultivate
or sell the same and untill such purchases can be made
to those uses have made our humble application to the
Governour to grant no more warrants for pattenting
any land which now remaines in H.M. to person who
are already possest of large tracts, but to reserve the
same for the purposes aforesaid, however when such
grants come to be made wee humbly conceive there ought
at the same time to be a fund provided to give credit
to such new setlers for a slave or two for six months
provision at least and for propper tools. To begin such
a settlement without which help it will be almost
impossible for them to have any benefit by such grants,
especially considering the lands so to be granted will
lye mostly in uninhabited parts of the Island very
distant from any markets, and if such credt. was given
them without interest and the publick to be paid out
of the produce of the land granted and such new settlers
were at the same time exempted from all taxes and
all dutys civill and military (except only in cases of
insurrection or invasion) for the first three years wee
think this wou'd be an encouragemt. equall to any
given at Hispaniola where they are abundantly increased
of late and woud be sufficient to augment the number
of provision plantations and small settlements in which
and not in great plantations the strength of the planting
interest with respect to numbers of white people must
consist. And if this encouragement or a suitable
prospect in trade or handycrafts was to be the reward
of every servt. after three or four years service, wee are
apt to beleiv it would not only render such service much
more agreable, but that a larger improvemt. would be
made by servants provided for in the manner above
untill they were season'd to the country and understood
the nature of planting, than by persons free at their
arrivall for whom no other provision was made than
such a grant of land, at the same time wee are not
against your Lordships' method of freeing them at
their arrivall either with such helps as are necessary or
as soon as there can be any expectation of their being
able to provide for themselves. And wee are humbly of
opinion that all such purchases and grants will be best
made by the Crowne with such clauses and restrictions
as your Lordships shall think proper to recommend.
Wee likewise agree with your Lordships with respect to
trades and humbly conceive the most effectual means of
putting an end to negroe tradesmen wou'd be by a
register to be taken of all that now are or have been for
a year last past brought up to any trade and to tollerate
such and suffer them to dye away providg. under
severe penaltys that no slave for the future be brought
up or employ'd in them either in plantn. or in the townes
with such exceptions only as to master workmen; as
may be thought reasonable. This wee think most likely
to be effected by a saving to the present Proprietors
which wee conceive to be most reasonable, because many
persons and some widdows and orphans have now
their whole subsistance from such slaves, and as these
wear out white men wou'd by degrees as wee get them
come into all trades, and have a prospect in time of
being only employ'd in them. And as great numbers of
H.M. subjects have of late been seduc't by the enemies
of our constitution and engaged in an unnatural
rebellion, to many of whom H.M. in his princely
clemency may be pleas'd to extend his mercy but at the
same time think fit to order their transportation,
wee presume humbly to propose, yt. so many of such
persons may be immediatly sent hither as H.M. shall
think fit, who may be provided for by the Acts now in
force, only that wee must beg your Lordships to interceed
in our behalf that their passages may be paid by H.M.,
untill by such methods as your Lordships shall advise
H.M. Revenue shall be put into a condition to pay the
debts of the government and defray such other charges,
etc. The maxim upon which wee would people the
Island and in which wee have the misfortune to be
overpower'd by numbers, is to indulge and cherish
new-comers and small settlements and to throw the
burthen chiefly on those who are best able to bear it,
which however wee conceive wou'd be made up to them
by raising the vallue of estates in proportion as it renders
them more secure. Signed, Fra. Rose, John Stewart,
John Peekee, Valentine Mumbee, Rd. Rigby, Tho.
Bernard, James Archbould, John Sadler. Endorsed as
preceding. 8¾ pp. |
203. ii. Representation of the Council of Jamaica to the
Council of Trade and Plantations. March 13, 1715/16.
Wee having to our great concern seen H.M. particular
recommendations to this colony prove ineffectuall; and
that no supplys have been given for the support of his
government, nor any measures taken for increasing
our people, think it highly incumbent upon us to lay
before your Lordships the substance and the reason of
our people, think it highly incumbent upon us to lay
before your Lordships the substance and the reason of
our proceedings in the late generall Assembly, etc.
The Governor's speech was little more than a communication of H.M. letter etc. But wee soon perceived
the same disposition prevail which had unhappily
divided us for some years past, the Assembly kept their
inclination to address separately, and wee being unable
to agree with them in their resentments, and unwilling
to run the risque of any fresh difference with them upon
that head, join'd with the Governour in a separate
Address etc. Their Address the Assembly ordered to be
transmitted by their Speaker without any application
to the Governour and as a further disrespect to him
instead of addressing him in answer to his speech, as
had always been practic'd by former Assemblys, they
only sent him a message by two of their members
to acquaint him with their resolutions, etc. As to their
resolution that if the whole Regiment had been disbanded it would have been of more service to it, etc.
wee were very much surpriz'd, since very few of those
who were broke with the Regimt. have remain'd
amongst us, etc. Whilst the Assembly were taking
such resolutions as these which wee conceived but ill
presages of any good effects to the country; we
appointed a Committee to draw up an estimate of H.M.
Revenue which had always been usuall for the Council
to do, and we found a ballance of £6148 12s. 1¼d.
wanting to make good that estimate besides £2000 for
which wee had given credit by outstanding debts, so
that upon a ballance of cash H.M. Revenue was really
£8000 in debt and wee desired the Governour to send
the same to the Assembly, etc. Wee then took into
consideration the trade of the Island and the state of
our currant mony, and being sencible there had for
some time been a clandestine trade carried on with the
French at Hispaniola chiefly by mony which was
so beneficiall to them that the Comte Blanac, Governour
of that Island had been heard to say that in a little
time he wou'd bring every ryall from Jamaica thither;
this trade had been carried on as well by sloops as by
severall ships bound for Great Brittain who in their
passage home had used to touch there to purchase
indigo which not only drain'd us of our currt. coin, but
discouraged as well the manufacture of Great Brittain as
that of this Island, and was a means likewise to defraud
H.M. of his Customs upon the importation of foreign
goods, wee therefore prepared a Bill as near as cou'd be
to the 7th and 8th of K. Wm. to prevent the exportation
of gold and silver to all parts except Great Brittain, and
H.M. Colonys in America. But the Assembly made
such amendments to it as intirely defeated the intent
of our Bill which was thereby lost, and tho they afterwards to save appearances in the country, past another
Bill to prevent all fraudulent trade to Hispaniola and
other foreign parts, to wch. wee consented being all
wee cou'd gett, yet were wee satisfy'd their Bill wou'd
neither answer the intent nor was it their real intention
to hinder the exportation of our coin since severall of
their leading members were at that very time concern'd
in this trade. As you will observe many other bills
lost by means of amendments, wee have desired the
Governour to transmit to your Lordships, all the bills
that have been raised by either body during this
Assembly, with the amendments made by the other part
of the Legislature, that your Lordships may judge to
whom the loss of any beneficiall Acts is to be imputed.
The first bill wee received from them was a bill to explain
an Act relating to escheats, which wee rejected because
inconsistent with that so much desired Act for quieting
possessions, and would deprive the subject of much of
the benefit intended him by that Act, and render the
titles under escheat pattents so very precarious that
nobody wou'd venture to purchase them, and consequently great quantitys of land must lye waste which
it was our business to get cultivated, and which the
Act for preventing of lawsuits was intended to encourage
etc. Wee can discover no other aim by this Bill than
to deprive the Governour of some accidentall perquisites.
If your Lordships shall be of opinion it were better to
sell escheats by outcry, tho' there may be some objections
to that method wee shall readily come into it. The
same morning the Assembly sent us up a Bill for
repealing an Act for the better securing the property of
orphans and creditors, and to oblige executors to give
security etc. By our adhering to our amendments, the Bill
miscarried. This Act which the Assembly wou'd have
repeal'd lyes now under your Lordships' consideration, and
wee think the great abuses committed here in executorships makes such an Act absolutely necessary. As well
in the Bill to repeal this Act as in severall others, the
Assembly have recited great inconveniencys to have
hapned without being able to particularize any, however,
if wee cou'd have had that Act explain'd agreable to
our amendments, wee shou'd have prefer'd it, because
the security requir'd wou'd then have been ascertain'd,
and our Governours restrain'd from granting the
administration with the will annext otherwise than the
law directs; if your Lordships approve such an explanation, and be pleas'd to recomd. it, wee shall readily
agree to it, in the mean time wee hope your Lordships
will recommend that before you for H.M. approbation.
The next bill wee received was for granting further releif
in relation to proving wills etc., which appeared to us to be
intended to transfer the power of ordinary from the
Governour in whom H.M. had plac't it and to vest it in
the Secretary and the Grand Court and as wee conceived
it was not any ways likely to provide a speedy remedy
as the Assembly wou'd have been thought to intend
but rather have serv'd to multiply law-suits wee rejected
it. Soon after this they sent us another Bill for applying
£900 for the soliciting the passing of laws etc., by which
we were oblidg'd to do the like, your Lordships will
observe that in effect four of their own members were
to be intrusted with representing the affairs of this
Island etc., without the least privity of the Governour or
any one member of the Council; which wee thought two
extensive a power to be lodg'd in persons who had
discover'd so much passion and resentment, but to
convince your Lordships that wee were not averse to a
soliciting bill consistent with H.M. honour and the trust
reposed in his Governour and Council, wee offer'd them
that if they wou'd pass such an one as might entrust a
gentleman of distinction in Great Brittain, disinterested
in this Island who might receive his instructions from
the Governour, Council and Assembly when sitting, and
when no Assembly from the Governour and Council,
to whom the Speaker might always be join'd and all the
instructions given in the intervall of Assemblys to be
laid before them at their next meeting; wee cou'd
readily come into it; this they did not think fit to accept
of, but chose rather to set on foot subscriptions in their
own house etc. ut supra., and have thereby rais'd a much
more considerable sum, etc. At length after a month's
sitting wee received a Mony Bill to oblige the inhabitants
to provide themselves with a sufficient number of white
people, etc. or pay certain sums, and another to encourage
the bringing over white people etc., which were blended
together in the nature of a tack, and upon these depended
our expectations of being able to comply with H.M.
most gracious letter, wee soon found how much wee
were likly to be disapointed. Your Lordships will best
judge what regard they have shewn to your letter and
the articles of H.M. Instructions sent to them by the
Governour relating to the peopling the Island, wch.
they never vouchsaf'd to enter upon their Minutes or
so much as to read in the House, etc. Wee hope your
Lordships will be of opinion these Bills were not fit to
be past without amendments. The most material of
those wee made to the first were to provide that the
mony raised shou'd be paid into the hands of H.M.
Receiver Generall and issued according to the directions
of H.M. Pattent and Instructions to the Governour, to
rectifye the partiall taxation of the King's Officers and
to provide as well for recruits sent from Europe as the
soldiers already enlisted; and to the second wee made
the like amendments, as to the Receiver Generall; wee
propos'd a better encouragmt. for people at their landing;
and a better method for the purchasing lands and
conveying them to new setlers, and wee gave releif to
the Towne of Kingston who to the number of 150
persons petitioned us against a clause by which they
apprehended their towne wou'd be ruin'd and set
forth with reason that their greviance was the greater
because theirs only was effected by it. Compare the
bill with that of 1703 which gave greater encouragements
and would have been superceded by this. These bills
instead of peopling the Island wou'd probably have
drove away great numbers of our trading people or at
least (as some have thought the design was) to settle
at Port Royall to avoid the tax, and instead of providing
for the Independant Companys in the manner H.M.
had been pleas'd to recommend, were calculated in
effect to prevent their being recruited. The Assembly
refus'd us so much as a conference upon either, and as
to our amendments told us in a manner wee think too
insulting, that the only amendment they cou'd think of
admitting (if it was not against their rules) was instead
of a name to say the names. They began now to tell us
that wee must not only not amend mony bills but wee
must have no hand in providing for the peopling our
country; it behoov'd us to shew wee had a right to
both, and wee desir'd the Governor to send them an
extract out of your Lordships' letter, April 25, 1715,
wherein you were pleas'd to declare it such, and the
Governour sent them down at the same time, extracts
out of H.M. Pattent, and instructions conformable to
which our amendments relating to the Receiver Generall
and to the issuing of publick mony were made. These
had so little effect upon the Assembly that they did not
think fit to read them in the House. However wee
thought it our interest as well as our duty to have more
regard to them since wee were convinc'd they had been
calculated for the benefit and advantage of the King's
subjects. It has been but within these very few years
that Assemblys have taken upon them to nominate
commissioners for the receipt of publick monys and
having bestow'd such commissions from time to time
on the favourites of different partys alternatively as
they prevail'd, the publick mony has been transfer'd
from one hand to another till some has been charg'd
with 9 some with 13 and some with 17 p.ct. commission
and upwards, of which wee laid a computation before
the Assembly and show'd them that the publick had
been charg'd with above £5000 for extraordinary
commission in a very few years; more than wou'd
have been in case the mony had been paid into the hands
of the Receiver Generall. Wee will not take upon
ourselves to give your Lordships the reasons why
Governours of late have suffer'd this practice to be
introduc'd, nor can wee tell whether these instructions
have been given to former Governours which has been
industriously given out by the partysans of the Assembly
and an argument drawn from thence that being old and
not having been regarded for some time past they were
not to be regarded now, etc. Your Lordships' declaration of our right to amend money bills is agreable to
the almost uninterupted practice of former Assemblys,
etc. On Dec. 27th wee received a bill to impose dutys
to defray the extraordinary charges of the Government etc.,
out of the fund to be rais'd by this Bill £3000 only was
apply'd to H.M. Revenue, and £2000 was indeed
again apply'd to the subsistance of the Companys for
the year ensuing; but this was to be purchas'd by the
same and greater concessions than the bills wee had just
rejected. Mr. John Chaplin a favourit of the now
prevailing party, was appointed Commissioner into
whose hands as well the mony arising by this Act, as
about 7 or £8000 already raised by a former Act of this
kind, and now in the hands of Mr. Major; was required
to be paid, and Mr. Chaplin was to have 7 p.c. commission upon the whole by this Bill. Mr. Major had
already received 4 p.c. upon what was in his hands;
Messrs. Page and Welch Commissarys were to have 7½
p.c. upon £2000 to be transfer'd to them by Mr. Chaplin
for the account of the soldiers, and the Receiver Generall
5 p.c. upon £3000 transfer'd to the account of H.M.
Revenue whereas if all the publick mony raised was paid
into the hands of H.M. Receiver Generall, according
to H.M. Instructions, 2½ p.c. wee think wou'd be a
sufficient allowance, and then the extraordinary
commission upon the mony raised and to arise by this
Bill amounts to £1340 which wou'd have been thereby
saved to the publick. By the Receiver Generall's
patent the receipt of all dutys upon imports is expressly
granted to him and which wee dont find to have ever
been alienated from that office till within these few
years, since the Assemblys have began their encroachments, and this has occation'd a further extraordinary
charge to the Government by a double number of
waiters. And a double charge and trouble to traders
and shiping by oblidging ym. to enter in two offices
instead of one. Another encroachment the Assemblys
have made of late years upon the authority of the
Government has been by incerting clauses in their
Bills to issue mony, and particularly for gratifying the
officers attending them, who had always till of late been
rewarded by the Governmt. upon the recommendation
of the Assembly; by this bill they have exceeded all
former precedents of their own and brought in a Chaplin
and his clerk for a share of publick mony, in order to
increase the number of their dependants, etc. In their
taxation of the King's Officers, this Assembly has varied
from all former and instead of laying their taxes according to the precedents for many years past they have
taxt H.M. Attorney Generall whose office was never
taxt before, and have doubled the tax of some officers
and eas'd others according to their private inclinations
to the persons and without any examination into or
regard to the vallue of the office, this they have carried
to such a height that pattentees of offices in England
have been warn'd by the Agents of the Assembly (as
may reasonably be supposed from their acting agreable
to such warning) to advise their deputys here not to
espouse the cause they have done; meaning the
Government's; (In margin: Mr. Compere, the Receiver
Genll.) least their tax be increased for it. If such
method be pursued and tollerated wee submit to your
Lordships, who in effect must come to be Governours.
Wee have a further reason to offer against appointing
Commissioners for receipt of publick monys, since this
practice has been introduc'd and particular men have
been design'd to make advantages out of the publick,
generally twice the mony has been rais'd to what has
been apply'd to any imediate occation so that the residue
has continued some years, at least as long as that party
has prevailed in the hands of the commissioner, this
has hapned in respect to the mony in Mr. Major's hands,
and wou'd in all likelyhood have been the case if
those bills now rais'd by the Assembly had past, not
half the mony which they wou'd probably have rais'd
being appropriated to any imediate service. The
Assembly wou'd neither admit our right to amend or
confer; and so this as the former came to nothing.
Hereupon wee sent them a proposall, desiring them for
the publick service and that no difference between us
might obstruct our compliance in some measure with
H.M. gracious letter; that they wou'd pass a short bill
for applying the mony in Mr. Major's hands to the
present exigencies of the Government in such manner
as might not be contradictory to H.M. pattent and
instructions; and to assure them that wee wou'd agree
to it; and submit all other differences to H.M. determination etc. Wee received two other bills this session,
one to secure the freedom of elections etc., to which we
agreed with two amendments which wee cou'd hardly
imagine possible to be refus'd. One was to oblige
every voter if requir'd to take the oath to the
Government; and the other, to oblidge them to
swear their freehold was of the vallue of £30
currt. mony, but the Assembly chose rather to
drop their bill than agree to the amendments.
Some of our reasons for the latter amendment were:
there has been a notorious practice by some of the leading
men of this Assembly; and by the Messenger thereof
which wee suppose has been his merit for the extravagant
rewards they wou'd have given him, to create sham
freeholders to vote; your Lordships will find severall
extraordinary instances of this nature upon our Journalls;
and such as wee are apprehensive might even call in
question the legality of the Assemblys so chosen. By
the same unwarrantable practice, a Governour might
at any time pattent out the barren rocks, mountains and
sands in this Island and carry elections as he pleas'd
and wee thought this amendmt. wou'd equally prevent
such practices on all sides, but this has serv'd a present
turn, and therefore was not judg'd a good argument
now. The other Bill was for the effectuall discovery of
all persons that are disaffected to H.M. and his Government and to prevent all such persons holding any office
etc. This my lords carried a very spacious title but wee
were surpriz'd when wee read it to find it the most
vigorous bill against Protestant Discenters of all sorts
that had ever been past in any of H.M. Dominions
since the Reformation; wee imediatly amended it by
turning its edge against Papists only, and exempting
all Protestant Discenters tollerated by the laws of
England to which amendments the Assembly cou'd
not but agree and so this Bill was past; but my Lords
as wee had at that time sign'd an Association to stand
by H.M. person and Governmt., and as wee have in our
humble address to H.M. assured him that wee are in the
cincerity of our hearts averse to the thoughts of the
Pretender and the miserys of Popery and Slavery that
must attend his success so wee cou'd rather wish wee
had not join'd with the Assembly in the pretended
instance of loyalty exprest by this Bill; even with our
own amendments; wee think it very ill suited in
many respects to our condition as an unpeopled Colony,
and as such have desired the Governour to represent
it to your Lordships tho' when your Lordships are
fully appriz'd of the great clamour the Assembly have
endeavour'd to stir up against us at this time, wee hope
you will be satisfied wee were not in the wrong to agree
to it with such amendments especially when you
observe in it a clause to lay double taxes upon his
Majesty's enemys, etc. At the opening the second
session the Governour again recommended to them the
complying with H.M. letter, and told them that if they
did not take care to provide for the support of the
Government, measures wou'd be taken elsewhere
effectually to do it. But it soon appear'd there was
little hopes of any such compliance, they return'd the
Governour no other answer to his Speech than by their
resolutions upon their Minutes which were no more
than to do again what they had done in the last session;
with this addition by their Committee (whether agreed
to by the house or not does not appear) that if it had
not been out of the utmost duty and regard to H.M.
recommendation; they wou'd have rais'd no more
mony whilst his Lordship continued in the Government.
On 2nd Feb. they sent us a Bill for appropriating sever all
sums of mony already arisen for the subsistance of H.M.
officers and soldiers and discharging publick debts. Wee
have already acquainted your Lordships that there
was a sum of mony in Mr. Major's hands the same
amounted in cash to about £3700; and above £4000
outstanding debts and had lain upwards of three years
unapply'd, by this bill the Assembly apply'd £2000
to the subsistance of the soldiers and by particular
clauses direct the issuing of upwards of £2700 more to
particular persons and out of the remainder of the
outstanding debts apply £3000 to H.M. Revenue.
Your Lordships will readily conceive what an honourable
provision here was made for H.M. Revenue, being very
questionable whether so much of those outstanding
debts will ever prove good as to have answer'd that
application, and shou'd they have answer'd it wou'd
have been a considerable time before they had been
recover'd, and H.M. Revenue was expressly provided
for by the bill to be supply'd in the last place. But there
was a provision in this bill which seem'd to be intended
to prevent its passing; that no private soldier shou'd
receive any subsistance that was not actually enlisted
in one of the Companys at the time the regiment was
reduc'd; this was plainly intended to prevent recruits,
and to suffer the Companys to dwindle away which
wee thought wou'd appear highly disrespectfull to H.M.
and wee therefore desired to know whether they wou'd
admit of any amendmts. or confer with us, both which
they peremptorily refus'd, telling us that to admit our
amending mony bills was to subvert the constitution,
tho' they had before them your Lordships' opinion
that their pretence to exclude us from such a right
was the real violation of it. Your Lordships will wee
hope approve our rejecting this Bill which with respect
to the recruits wee thought was showing a distrust
of H.M. gracious assurances as well as of imediate
diservice to the Island, etc. Refer to dissolution of
Assembly, ut supra. Your Lordships will perceive there
are two things principally aim'd at by the leading men
of this Assembly who have blinded many others with
specious pretences of publick service and the previldges
of a house of Commons; these are to remove our present
Governour; and likewise the two Independant Companys.
In order to effect these extraordinary benefits to the
Island numberless lyes and storys have been industriously spread about the country which are not easily
answer'd where there is no press; by these the happy
effect of H.M. great favour to us has been prevented by
false suggestions of endeavours to obstruct them; and
these they seem at last to hope to accomplish by distressing the Government here in giving no supplys and
by means of the unjustifiable collections they have
made, etc. Wee have a great personal esteem and regard
for the Lord Archibald Hamilton as a person who has
govern'd with great humanity and perfect integrity;
yet our principall endeavours have been to act according
to the best of our judgmts. etc., and if wee had been
sencible of any real grievances or inconveniency likely
to happen from H.M. instructions, wee wou'd have
join'd with the Assembly in a dutifull representation of
them, but wee have not thought it consistent with our
duty to H.M. or the good of our country to join in pevish
complaints stir'd up by the restless passion and prejudice
of two or three persons against a Governour whose lenity
in his Government has too much encouraged them but
against whom not the least act of injustice or oppression
that wee know of can be made appear, and wee submit
it to your Lordships whether the yielding to the unreasonable desires of such men accompanied with such
disrespectfull proceedings to H.M. be likely to be
attended with any good effect to the authority of his
Majesty or the good of this Island; wee think it will not,
because instead of any oppression from our Governour;
the eldest among us does not remember greater hardships
offer'd nor greater oppressions done than have been by
this Assembly to their fellow subjects, the particulars
whereof your Lordships will find upon their own Journalls
etc. As to the two Independant Companys, wee humbly
offer that for the reasons contain'd in your Lordships'
report, and for that chiefly, by the unhappy accident
of the Spanish Wrecks from the allurement of which
however unlawfull, it has not been possible to restrain
our people, our number of inhabitants are still decreas'd
whilst our neighbours on Hispaniola flourish under a
much more unhappy Government, and for that the
keeping constant guards wou'd too much harrass and
discourage the middling and poorer sort of people,
those Compnys. are wee think absolutly necessary for
the good and safety of this Island to be kept on foot,
at least untill wee shall have double the number of
inhabitants that wee have at present, etc. Wee must
not omit returning our humble thanks to your Lordships
for having advis'd H.M. to restrain our Governours from
suspending any of our body without just and sufficient
causes and without the consent of a majority; by this
wee have been enabled to act with freedom according
to our consciences, etc. Wee entreat your Lordships
to recommend the condition of this Colony to H.M.
speedy and effectuall care. What wee have thought
ourselves oblidged in the mean time to advise as H.M.
Council to the Governour in consequence of our disapointments and of the mutinous disposition which
had already been kindled among the soldiers, and in
order to provide for the support of H.M. Government
and the peace and quiet of his subjects, untill his further
pleasure be signified; wee must leave to the Governour
to acquaint your Lordships etc. v. supra. Signed and
endorsed as preceding. 23 pp. |
203. iii. Copy of an Association to stand by and assist each
other in the support of H.M. person and Government
and the succession of the Crown against the Pretender,
bred up in all the principles of Popery and maxims
of tyranny, and the horrid and detestable conspiracy
of Papists and other wicked and traitorous persons etc.
Dec. 31, 1715. 1p. |
203. iv. Address of the Governour and Council of Jamaica
to the King. Congratulate H.M. on his success in so
speedily suppressing an unnatural and causeless
rebellion, raised in favour of a Papist Pretender. This
happy event secures their religion and liberty etc.
Regret that their remoteness only enabled them to enter
into the Association preceding. Regret that divisions
stirred up by some few persons with private views, and
fomented by groundless aspersions have prevailed to
the obstruction of what H.M. so justly expected from
this Island, etc. April 24, 1716. Signed, A. Hamilton,
Will. Cockburn, Secry. By Order of the Council. 1
large p. |
203. v. Address of the merchants and other inhabitants of
Kingston to the King. Assure H.M. of their zeal and
loyalty. Continue:— We were always firmly of opinion
that not only our religion and libertys but the trade of
Great Britain in all its branches depended upon your
Majesty's establishment on the throne, and we had
too much reason to fear when we were treated as robbers
and pyrates in trade by the enemies of your Majesty's succession, that not only our trade, but this your Majesty's
Island was designed as part of the sacrifice to their
pernitious schemes. We have endeavoured to show our
gratitude to your Majesty by choosing such members to
represent us in the late Assembly as would effectually
comply with what your Majesty was pleas'd to require
etc. Pray that "measures may be taken for peopling
the Island by an equal and impartial method, by which
no particular man or body of men may be oppressed
more than others, which had now been our own case by
the ruin of this towne, had we not been delivered upon
our petition by your Majesty's Council of this Island"
etc. We assure your Majesty of our great satisfaction in
the justice and integrity of our present Governor who
has always encouraged and countenanced every fair
trader, and whose singular prudence and moderation in
his Government will we hope restore quiet amongst us
etc. Signed, Jno. Wyllys and 44 others. Endorsed
as covering letter. 1 large p. [C.O. 137, 11. Nos.
27, 27 i.–v.; and (without enclosures) 138, 14. pp. 459–472.] |
June 12. Office of Ordnance. |
204. Board of Ordnance to the Council of Trade and Plantations. In reply to 8th June enclose following. Signed, M.
Richards, Edwd. Ashe, Tho. Frankland. Endorsed, Recd. 15th,
Read 19th June, 1716. 1 p. Enclosed, |
204. i. Mr. Frankland to Mr. Popple. Encloses following.
Signed, Tho. Frankland. 1 p. |
204. ii.–viii. Accounts of stores of war sent to the Leeward
Islands 1702–1707. Total value:—£15, 241 4s. 10d.
Received, out of the 4½ p.c., £4749 4s. 5d. Balance due
to the Ordnance Office, £10, 492 0s. 5d. Endorsed, Recd.
15th, Read 19th June, 1716. [C.O. 152, 11. Nos. 9,
9 i.–viii.; and (covering letter and enclosure ii. only) 153,
12. pp. 418, 419.] |
June 12. Whitehal. |
205. Mr. Secretary Stanhope to the Council of Trade and Plantations. Encloses letter and address from the Assembly of South
Carolina (v. March 15) for their opinion thereon. Signed, James
Stanhope. Endorsed, Recd. 13th, Read 14th June, 1716. 1 p.
[C.O. 5, 1265. No. 26; and (with copy of address) 5, 1293. pp. 1–5.] |
[June 12.] |
206. Mr. Cary to the Council of Trade and Plantations. Reply
to objections urged against the Act of Virginia for the better
regulating the Indian trade. Signed, Robt. Cary. Endorsed,
Recd. Read 12th June, 1716. 4½ pp. [C.O. 5, 1317. No. 33.] |
June 12. Whitehall. |
207. Mr. Popple to Henry Martyn, Inspector General of the
Customs. Requests two accounts of annual imports of peltry
from Virginia and Carolina, Xtmas 1698–1715. [C.O. 5, 1364.
p. 382.] |
June 14. Whitehall. |
208. Mr. Pringle to Governor Craven. Mr. Secretary Stanhope being informed of your being in this place, desires to see
you as soon as possibly you can at his office, and that you would
come prepared to give him an account of what you know in
relation to the affair of ye Marquis de Navarres, of wch. the
Proprietors of Carolina, have undoubtedly writ to you, in pursuance of H.M. directions 10th Nov. and 13th Feb. last. Signed,
Ro. Pringle. [C.O. 5, 190. p. 349.] |
June 14. Whitehall. |
209. Mr. Popple to Mr. Burchett. Encloses extracts of
Governor Hamilton's letter etc. 1st March, to be laid before
the Lords Commissrs. of the Admiralty for H.M. pleasure thereupon. [C.O. 153, 12. p. 402.] |
June 14. Custom House. |
210. Mr. Bicknell to Mr. Popple. Reply to June 12. We
have no entries of peltry, so I presume they are made in some other
name, etc. Signed, Jo. Bicknell. Endorsed, Recd. 14th, Read
15th June, 1716. ¾ p. [C.O. 5, 1317. No. 35; and 5, 1364.
p. 383.] |
June 15. Whitehall. |
211. Mr. Popple to Mr. Bicknell. Reply to preceding. By
peltry is meant skins and furs, etc. [C.O. 5, 1364. p. 384.] |
June 15. Whitehall. |
212. Same to Mr. Burchett. Encloses extracts from Governor
Hamilton's letter, 10th April, etc. also relating to Capt. Soanes
and the condition of his ship. Desires to know whether there be
any other ship order'd to the Leeward Islands in his room. [C.O.
152, 12. p. 413.] |
June 15. Whitehall. |
213. Council of Trade and Plantations to Governor Hamilton.
Acknowledge letter of 1st March. We are glad to hear of your
safe arrival. It will be a satisfaction to us to find the Assembly
answer your expectation in providing for the defence of the Island
of Antigua, and passing such other laws as you have recommended
to them for their publick advantage. We have acquainted the
Lords of the Admiralty as preceding, and we hope due care will
be taken to have another sent you. It will be of service, if for the
future you would be more particular in your accts. of any pirates
in those seas, as to their force, from whence they come, what
country men they are, when, and in what place they appear'd.
We shall be glad to receive your acct. of the state, condition
and nature of the Virgin Islands, with your opinion how far they
may be render'd useful to this Kingdom, and to inform us the
best you can, what trade is carry'd on between the British
Plantations and the Island of St. Thomas. As to Anguilla and
Spanish Town we must desire you will let us know how the Govrs.
of those places are constituted, whether they have any salary,
their number of people and what method of government they are
under. It will be necessary that you be very particular and
punctual in your correspondence with us that we may the better
be able to lay before H.M. a true state of the Islands under
your Governmt. with such accts. of their products as you are
directed by your Instructions to send us. P.S. Acknowledge
letter of 10th March, since received, and enclose copy of following.
[C.O. 153, 12. pp. 414–416.] |
June 15. Admty. Office. |
214. Mr. Burchett to Mr. Popple. Reply to 14th June. A
ship will be sent to the Leeward Islands as soon as possibly may
be, etc. Signed, J. Burchett. Endorsed, Recd. 16th, Read 19th
June, 1716. 1 p. [C.O. 152, 11. No. 7; and 153, 12. p. 416.] |
June 15. St. James's. |
215. Lord Carteret to Col. Rhett and Mr. Eden. H.M.
having been graciously pleas'd to grant the request of some
gentlemen who were taken in the rebellion at Preston in Lancashire that they may be transported into H.M. Colonies and Plantations in America; the bearer hereof Mr. John Porteus being
one of those gentlemen, and consign'd to my service, I do give
him his liberty, and do therefore desire you to receive him kindly
as an inhabitant, and do him what friendly offices may be in
your power. Signed, Carteret. Copy. [C.O. 5, 290. pp. 97,
98.] |
June 18. Whitehal. |
216. Mr. Secretary Stanhope to the Council of Trade and
Plantations. H.M. having been pleased to appoint Thomas
Pitt, Senr., Esqr., to be Governor of Jamaica, I desire you will
prepare the necessary Commission and Instructions, etc. Signed,
James Stanhope. Endorsed, Recd. Read 19th June, 1716. 1 p.
[C.O. 137, 11. No. 24; and 138, 14. pp. 451, 452.] |
June 19. Whitehal. |
217. Council of Trade and Plantations to Mr. Secretary
Stanhope. Reply to preceding. Enclose draught of Commission
for Governor Pitt. Memo. Mr. Pitt not going to Jama. and the
drat. of a Commission being prepared for Col. Lawes instead,
Mr. Pitt's commission is not entered etc. [C.O. 138, 14. p. 452.] |
June 19. Whitehall. |
218. Mr. Popple to Mr. Attorney General. Encloses Act of
Nevis, 1715, to settle the estate of Thomas Herbert on him and his
heirs for ever, for his opinion in point of law, as soon as may be.
[C.O. 153, 12. p. 147.] |
[June 19.] Custom House. |
219. An account of the skins and furs imported from Carolina,
Christmas, 1698–1715. Endorsed, Recd. 19th, Read 22nd June,
1716. 1 large p. [C.O. 5, 1265. No. 28.] |
[? June 19.] |
220. A comparison of the quantity of skins and furs imported
from Carolina and Virginia for three years before and after the
late war. 2 pp. [C.O. 5, 1317. No. 36.] |
June 19. Custom House. |
221. Skins and furs annually imported from Virginia,
Christmas, 1698–1715. Signed, Henry Martyn. Endorsed, Recd.
19th, Read 22nd June, 1716. 2 large pp. [C.O. 5, 1317. No.
36A.] |