|
April 1.
Whitehall. |
475. Mr. Popple to Sir Edwd. Northey. Enquires for report
on Sir R. Montgomery's business, asks for return of the Carolina
Charter and replies to No. 451 etc. [C.O. 5, 1293. p. 143.] |
| April 1. |
476. Questions to Mr. Barwick. Suggesting that he had
embezzeled sums from the casual revenue of Barbados. No
signature. Inscribed, This paper given to Mr. Horatio Walpool.
4 pp. [C.O. 28, 15. No. 50.] |
| [April 1.] |
477. Nathaniel Wickham, Dor. in Phisick, to the Council
of Trade and Plantations. Prays that the suspension of Thomas
Morris may not be confirmed before petitioner with the depositions
which have already arrived has been heard on his behalf etc. (v.
8th Feb.) Signed, N. Wickham. Endorsed, Recd. 1st, Read
3rd April, 1718. 1 p. [C.O. 152, 12. No. 72.] |
| April 1. |
478. Mr. Solicitor-General to Mr. Popple. Reply to March
28th. If the oyle or produce of such whales is to be imported into
England, etc. it is particularly allowed of and provided for by
the 25th of Car. 2nd cap. the 7th, and though there are general
words giving a liberty to all H.M. subjects of England and Wales
to use and exercise all other trades to and from Greenland and
those parts and to import (generally) the oyle etc. in English
shipps yett this Act seemes to mean the importacon to England
onely and to have it take in this practice of fishing and importing
it to New York would be a construccon not to be warranted
unless by a very favourable regard to the fishing trade it should
be so extended the 2nd and 3rd of Edward the 6th cap. 6th makes
the pretended licenses granted by the Admiral or any officer under
the Admirall penal, and this Act relates only to voyages from
England etc. so that if licenses for whale fishing paying such
reasonable proportion as the 20th part on importacon are warranted at New York by any Act of Assembly there or other authentick order of the Governour and Counsel it may be binding to the
inhabitants there but I do not apprehend that it will be binding
to other H.M. subjects. Signed, Wm. Thomson. Endorsed,
Recd., Read April 1st, 1718. 1½ pp. [C.O. 5, 1051. No. 61;
and 5, 1124. pp. 13, 14.] |
| April 1. |
479. Copy of Governor Hunter's Commission of ViceAdmiralty, 26th Aug., 1715. Endorsed, Recd. 7th March, Read
1st April, 1718. Latin. 11pp. [C.O. 5, 1051.No. 63.] |
April 2.
Whitehall. |
480. Council of Trade and Plantations to Mr. Secretary
Craggs. Representation upon the petitions of Anne Low, John
Boreland, John Plowman and Robert Shardo. Mrs. Low
having quited her pretensions to a Patent for [the sole curing of
sturgeon in North America], we shall represent to H.M. onely
what appears to us upon the two latter petitions. Quote petitions
and evidence, v. Jan. 23 etc. It appeared to us that Mr. Boreland hath
engaged himself in the trade of catching and curing sturgeon in
New England, etc. He hath not yet imported any, but is in
expectation of having some very soon. Plowman and Shard did
not make appear to us the pains and expence they had been
at as set forth in their petition, but alledged that they had
already received from New England one cagg of sturgeon cured
after the new manner from a person employed by them, and that
this was as good as any that comes from Hamburgh or the
East Country. It appear'd to us that this sturgeon was in a
New England cask, but we had some reason to suspect it was
put into that cask at Hamburgh or elsewhere, not at New England,
they also did not prove to us that any person was or had been
employed by them in New England in catching and curing of
sturgeon. Quote Memorial of Jan. 23. Upon the whole, since
the sturgeon of North America as cured at present is allowed to
be of little or no value, but if well cured, might be equal in goodness with that of Hamburgh or of the East Country, and that
the importing the same from our own Plantations will be of
advantage to Great Britain, we are of opinion that H.M. may be
graciously pleased to grant a Patent to some person, the better to
enable him to carry on this trade and bring it to perfection.
Mr. Boreland desires a Patent onely for eight years, and will
be contented to have it determine in four, if within that time he
does not import sturgeon from North America, as good as what
comes from Hamburgh, and the East Country, and as he has
been the first undertaker, and hath been at an expence to discover
the true method of curing sturgeon, and seems best prepared to
carry on this trade, we have no objection why H.M. may not be
graciously pleased to grant him a patent for the sole importing
of cured sturgeon from North America into Great Britain for
the term of eight years, revokable at the end of the first four years,
or within 3 months after, absolutely at H.M. will and pleasure;
H.M. at the same time declaring his intention to make use of the
said power of revokation onely in case that Boreland shall not
within the said four years import sturgeon from North America
as good as that from Hamburgh or the East Country. This we
desire you will lay before H.M. etc. Autograph signatures. 6 pp.
[C.O. 5, 4. No. 20; and 5, 915. pp. 105–111.] |
April 2.
Bethnall Green. |
481. Col. Joseph Jory to Mr. Popple. Refers to Solicitor
General's report upon two Acts of Nevis (v. 28th March), and
prays that they may be confirmed. Signed, Jos. Jory. Endorsed,
Recd 3rd April, Read 16th May, 1718. Addressed. ¼ p. [C.O.
152, 12. No. 83.] |
April 3.
Whitehall. |
482. Mr. Popple to Lord A. Hamilton. Returns several
papers relating to Jamaica. Continues:—As to your Lordp's.
desire of having a copy of ye Representation of this Board upon
ye petition of Mr. Diharce, I spoke to the Board of it again, and
they think they cannot breake ye rule that has always been
observ'd here, that is not to give any copies of their reports before
H.M. pleasure be known upon them, however they are willing
your Lordship should have a sight of it, if your Lordship desires
it. [C.O. 138, 16. pp. 103, 104.] |
April 3.
Westminster. |
483. Copy of a Commission for trying pirates at Jamaica.
Countersigned, Wrighte. Endorsed, Recd. April 29th, 1718,
Primer'd May 5, 1719. 9 pp. [C.O. 137, 13. No. 25; and
138, 16. pp. 169–179.] |
| April 3. |
484. Council of Trade and Plantations to the Earl of Sunderland. Refer to application to the Lord Chamberlain for two
additional rooms (sic. v. 9th Jan.). Conclude:— But having
since consider'd that this would be a work both of time and
expence, and being dayly sencible of ye great confusion our papers
are in for want of room, to dispose them in proper order, we
must entreat your Lordship to move H.M., that we may have
those lodgins joining to our Office, at prest. in the possession of
one Mr. Colledge, who may easily be accomodated elsewhere etc.
[C.O. 389, 37. pp. 148, 149.] |
April 3.
Whitehall. |
485. Council of Trade and Plantations to Mr. Secretary
Craggs. Enclose extract of Lt. Governor Bennett's letter of 16th
Feb. and remind him of what they wrote 27th March. [C.O.
38, 7. pp. 340, 341.] |
April 3.
Whitehall. |
486. Mr. Popple to Richd. Shelton. Encloses extract from
Lt. Governor Bennett's letter, 16th Feb., relating to the apprehension of a new invasion of Carolina. Continues:— The Council
of Trade and Plantations desire to know what their Lordships
[the Proprietors] have done or intend to do towards the security
of that Province. [C.O. 5, 1293. p. 144.] |
April 4.
Whitehall. |
487. Council of Trade and Plantations to Governor Hamilton.
Acknowledge letters of 7th Oct., 1717, and 6th Jan., 1718. Continue:— We take notice of what you write, in relation to your
dismissing. Mr. Crooke, and are willing to believe you had good
reasons for so doing; the affidavits you have sent us upon that
subject, will be of use if any complaint should be offered in behalf
of Mr. Crooke. We thank you for the account you give us of
the Virgin Islands; What you propose about setling at St. Cruz
all the poor people who are now dispersed in those Islands might
be right, if it was not intended to settle them in the French
part of St. Christophers where they will be more to their own
advantage and be much more usefull to the publick. We have
expressed our thoughts on this head so fully and so strongly in
several former lrs. to you, that we need only refer you to those
letters, and earnestly to recommend to you to observe the
directions contained in them; You will therefore use your best
endeavours to dispose the inhabitants of Spanish Town and of
Tortola, who have petitioned you for leave to settle on St. Cruz
to wait patiently where they are, till they can be setled on St.
Christophers, which we hope may be soon. We shall expect to
hear what answer the Danish Governor of St. Thomas gave to
the message you sent him by Capt. Marshall. Refer to their
references of request for man of war (v. 6th Jan. and 11th March).
Continue:—But tho' what you desired, might then seem to us
very proper, we hope it will not be necessary now, since we have
been informed that some of the chief, as well as others, of the
pirates, which were on the Island of Providence have surrendered
themselves upon H.M. promise of pardon, and that there was
reason to expect the rest of the pirates in those parts would
soon follow that good example. We have lately had under our
consideration, an Act passed at Antigua in June, 1716, to prohibit
the importation of foreign sugars etc.; We do not find that any
other, of H.M. Plantations has gone so far as absolutely to prohibit, tho' some of them have laid duties on the importation of
such foreign commodities, and some reasons have been offered
to us to show that such a prohibition may be attended with ill
consequences; However we have been willing to suspend our
final judgment concerning this Act, till we receive from you a
particular account, which we desire to have as soon as possible,
how far such an Act was really necessary, as is set forth in the
preamble of it, and what effect it has hitherto had. But should
the reasons in general for such an Act be never so strong, yet the
present Act is not fit to be continued, upon account of some
objections against it contained in the inclosed paper, and therefore
if the Assembly of Antegoa persist in their reasons for prohibiting
all the aforesaid foreign commodities, you must recommend to
them to pass another Act for that purpose, not liable to such
objections, otherwise we shall lay this Act before H.M. to be
repealed. We think it proper on this occasion to remind you of
that part of your Instructions, whereby you are directed to send
us your observations upon all the Acts you transmit to us, and
your reasons for passing such Acts, the neglecting to do it may
be very prejudicial to H.M. service, as well as to the Islands
under your Governmt., and therefore we hope you will be very
carefull and exact in the doing it for the future; The Agent for
Nevis has brought us two Acts lately passed in that Island,
for laying a duty of French sugars etc., and for the good government
of negroes etc.; but we have no account from you concerning
them. We have received your letter of 8th Feb., and shall
answer it by the next opportunity. [C.O. 153, 13. pp. 278–282.] |
April 4.
Whitehall. |
488. Mr. Popple to Governor Sir Nicholas Lawes. In reply to
March 7th, their Lordships do expect upon your arrival in Jamaica
you would get ye best information you can in relation to the Act
for ye effectual discovery of all persons that are disaffected to
H.M. etc. and let their Lordps. have your thoughts thereupon as
fully as may be, in order to their laying the same before H.M.
for his pleasure thereupon, the Act remaining at present in suspence. Encloses Orders in Council of 9th Feb., confirming 4 and
repealing 9 Acts of Jamaica, which their Lordships desire you would
have publish'd and enter'd in the Council Books in the usual
form. In answer to what you mention about ye Act which provides for paying people's passages to Jamaica etc., I am commanded to acquaint you that the first objections their Lordps.
had against the Acts for ye encouragement of white people were
contain'd in ye memorial you presented ye 29th Augt. last;
those objections appeared to their Lordps. so strong that they
thought fitt to lay the said laws before H.M. for his disallowance;
their Lordps. conceive that the Acts of 1703 and 1712 being
still in force the repeal of this Act cannot be of yt. consequence
which you seem to apprehend. However should the two abovemention'd Acts appear not to be sufficient for ye encouragement
of white people, it will be right for you to endeavour to get a
new Law past not liable to the objections made to these, which
have been repealed. But then you must take care that no
temporary Law do repeal a perpetual one and particularly
that no Act repeal a perpetual Act confirmed, without H.M.
leave, or a clause declaring the said Act not to be in force till H.M.
pleasure be known. What you write in relation to the fees
demanded in the Council Office is not properly before my Lords
Commrs. for Trade and Plantations and tho their Lordps. have
received ye Orders here inclosed the Council Office will expect
their legal fees from ye Island. However they observe from this
ye necessity there is of having an Agent or Agents sufficiently
instructed and impower'd to transact ye business here for Jamaica,
as is done in ye other Plantns., but even in this case you must
take care yt. such Agent or Agents be not dependant wholly
upon ye Assembly but upon ye Govr., Council and Assembly,
their Lordps. do think ye appointing of an Agent so necessary yt.
they do recommend it to you. [C.O. 138, 16. pp. 105–110.] |
| April 5. |
489. Mr. Solicitor General to Mr. Popple. Reply to 26th
(=27th) March. As the Lawe menconed by Coll. Rhett (20th
March) laying a duty of 10 p.c. upon British goods seemes very
extravagant and may be reasonably supposed to be attended with
the consequences he mentions I think it may be truly said not
to be consonant to reason and as this duty is so heavy it may prove
to be such a burthen to trade as to be in effect a prohibition of it
to the British subjects which is by no meanes agreeable to the
Laws of Britain. I therefore humbly apprehend that the power of
making lawes by the Charter to the Proprietors is in this instance
exceeded. It would be too tedious and too expensive for every
particular trader to contest the payment of the duty there upon
the supposed in validity of the Act as being unreasonable and if
determined against them there to appeal to the King in Council.
But if the merchants find themselves aggreived I presume they
will complaine and then upon a peticon to the King the Proprietors
will be heard and if they do not consent to remedy the grievances
a prosecucon may be ordered against them and their Charter.
Nor will the complaint be improper in Parliament. Signed,
Wm. Thomson. Endorsed, Recd. 7th, Read 8th April, 1718.
1½ pp. [C.O. 5, 1265. No. 96.] |
April 9.
Whitehall. |
490. Mr. Secretary Craggs to the Governor of Barbadoes. H.M.
having receiv'd information, that John Brinsden of Speights
Town in the Island of Barbadoes has been killd in a duel by
Joseph Milles of the same town, has commanded me to signifie
His pleasure to you, that in case the said Joseph Milles hath been,
or shall be upon his tryal found guilty of the murther of the said
Brinsden, you do suspend the execution of the sentence, that
hath been or shall be passed upon him for the same untill you shall
have given H.M. an account how the fact appeared upon the said
Milles's trial, and thereupon receive H.M. further directions in
that matter. Signed, J. Craggs. [C.O. 324, 33. p. 163.] |
| April 9. |
491. The case for Thomas Morris (v. 1st April and 8th Feb.).
No signature. Endorsed, Recd., Read 9th April, 1718. 1½ pp.
[C.O. 152, 12. No. 76.] |
| [April 9.] |
492. James Blew to the Council of Trade and Plantations.
Caveat against an Act of New York, Dec., 1717, for paying several
debts due from this Collony. The merchants of London trading
to New York desire to be heard, in behalf of themselves and
their friends residing in the said Colony, against the said bill
etc. Signed, James Blew. Endorsed, Recd. 9th, Read 22nd
April, 1718. 1 p. [C.O. 5, 1051. No. 65.] |
April 9.
Whitehall. |
493. Council of Trade and Plantations to the King. Reply
to 9th Feb. We have discoursed with Sir Robert Montgomery
and have seen a lease and release from the Lords Proprietors
[of Carolina] to Sr. Robert. Quote opinion of Sir E. Northey,
late Attorney General, thereupon, v. 22nd March. Continue:—Upon which we take leave to represent to your Majesty, that we
do believe the proposed settlement, would be of advantage to
Carolina and might defend ye Plantatns. on that Continent against
the incursions of the Indians. But as we find great inconveniencies have arisen and daily do arise from the Propietary
and Charter Governmts. in America, and particularly in that,
several of them are not obliged to lay their laws before your
Majesty for your Royal approbation or disallowance by which
means several laws have been made in Proprietary Governmts.
prejudicial to the trading intrest of this Kingdom, and of the other
Plantations under your Majesty's immediate Govt., we would
humbly propose that the Lords Proprietors of Carolina should
surrender their powers of Govt. to your Majty. in the places
intended to be erected into a new Province, reserving to themselves
ye property of the lands there only, and then your Majty. may
constitute such a form of Governmt. there, as to your great
wisdom shall seem most convenient and appoint the said Robt.
Montgomery to be Govr. thereof during good behavior, he being
a person of a very fair character, well affected to your Majesty's
Govt. and as we are informed every way qualify'd for such an
undertaking. [C.O. 5, 1293. pp. 145–147.] |
April 10.
Antigua. |
494. Governor Hamilton to the Council of Trade and Plantations. Begins with duplicate of 15th March. Continues:—Since
the foregoing I returned to this Island where soon after my
arrival I received a letter from one Mr. John Phillip a subject
of our Royal Master but at present an inhabitant upon the Island
of St. Thomas, giving me an account that the Danish Governour
of that Island has begun a settlement upon the Island of St.
John, notwithstanding I had forbid him when I was to visit the
Virgin Islands either to settle or so much as to cut timber off of
any the Islands belonging to the King of Great Brittain; Upon
which I called the Council of this Island to advise with. Refers
to enclosures. Continues:—Shall inform your Lordships with
their answers by first opertunity for H.M. commands etc. Should
the Danes persist, it would not be very difficult to rout them
out of St. Thomas itself etc. Signed, W. Hamilton. Endorsed,
Recd. 25th, Read 26th June, 1718. 2 large pp. Enclosed, |
|
494. i. Minutes of Council of Antigua, 31st March, 1718. H. E.
communicated to the Council a letter he had received
from Mr. John Philips, dated at Saint Thomas 29th
Mart, N.S., 1718, informing H.E. of the Novo Danish
Settlement upon the Island of Saint Johns, and that
publication for setling the same was published on the
23rd of Mart. and that upon the 24th the Governour set
out for Saint Johns, with one sloop, and three twomast boats with about 20 of the inhabitants 8 soldiers
and 24 negroes and that upon the 25th he took possession
of it, hoisted the Danish flag and fixed sundry great
guns, and upon the 27th returned, and all the people
save the soldiers and negroes who are actually there at
present, and imployed in building a fort there. 8
Articles of the Settlement included the provisions that
all servants or overseers shall not be English or Spaniards
unless naturalized Danish, or have been in the Danish
service some years, and that they obey Axen Dalle or
his successor as their Commander, etc. That the people
inquired of the Governour against whom they were to
defend the Island, that they told him in case H.E.
should send down a sloop, and take their negroes from
them who would repay their loss, they knowing the
English pretention to Saint Johns, that he answered
them that he had the Company's order to settle it, and
he would settle it for the Company's if they would not,
and that the English had always alledged the Island of
Saint Thomas but that there was nothing in it, that
the people were all afraid until they should know H.E.'s
resolution. The which being considered H.E. also
communicated several paragraphs of his Instructions
relating to Saint Thomas and other the Virgin Islands
and desired the opinion of the Lt. Governor and Council
who were unanimously of opinion that H.E. should
immediately dispatch some vessel with a message in
writing by one of the Officers of H.M. troops to the
Governour in Saint Thomas in which he should assert
H.M. right to the Island of Saint Johns, and therein
acquaint him of the information he has of the Settlement
that is now making thereon by the Danes, and to forbid
their setling on that Island as belonging to the King of
Great Britain, and that in case they persist therein
that he would proceed according to his Instructions
relating thereto in order to preserve the said Island for
H.M. and obstruct their Settlement, and that H.E.
would be pleased to acquaint the Secretary of State and
the Lords of Trade with his proceddings therein. A true
copy. Signed, Cha. Hedges. Same endorsement. 2⅓ pp. |
|
494. ii. Governor Hamilton to the Governour in St. Thomas.
Antigua, April 5th, 1718. Being informed that you have
taken possession of the Island of St. Johns one of the Virgin
Islands on behalf of H.M. the King of Denmark, and
that you had there hoisted his flag, and are now erecting
a fortification thereon in order to settle the same for
H.M. the said King, I send this by Captain Hume of
H.M.S. the Scarborough to make known to you that the
said Island of Saint Johns, with all other the Virgin
Islands is the right of my Royal Master the King of
Great Britain, on whose behalf the said Capt. Hume
will acquaint you that you are not on any terms to
proceed on the setling of the said Island, which I assure
myself you will not refuse to comply with for your
cannot but know that the King of Denmarke has no
good title even to St. Thomas itself; so that if you
insist on setling or keeping possession of the said Island
of St. Johns for H.M. of Denmarke it will oblige me
to take such other measures as are agreable to my
Instructions in order to obstruct your Settlement, and
to preserve the sovereignty of that and the other Islands
within my Government for my said Royal Master.
Signed, W. Hamilton. Same endorsement. Copy. 1 p. |
|
494. iii. Governor Hamilton to the Governour of Porto Rico.
Antigua, April 5th, 1718. The attacking and killing
some as well as the taking seizing and carying away
others of the subjects of the King my Master with their
goods and effects from Crabb Island with an armed force
from the Island under your command is so contrary to
the faith and good friendship, which ought to be observed
between the Crown of Great Britain and Spain in this
time of peace and tranquillity, that I cannot but be
highly surprised at the attempt, and therefore I do by
this in the name of my Royal Master the King of
Great Britain demand that all and every of his subjects,
which were seized taken and carryed away from Crabb
Island be immediately released and set at liberty, and
that all the negroes goods and effects of what kind soever,
which were then taken from them or any of the subjects
of the said King my Master be immediately restored
to such of them as are now in your Government, and
that they be permitted to come and bring them away
without further let or molestation, and that the negroes
goods and effects of those that are absent be delivered
to the bearer Captain Hume of H.M.S. the Scarborough
whom I have appointed and directed to demand and
receive them in order to their being brought and
delivered to the Proprietors. I persuade myself that
you cannot doubt but that Crabb Island is unquestionably the right and title of the King my Master, and
therefore I have reason to hope that you will not fail
to do the justice I have now demanded on behalf of
his subjects etc. Signed, W. Hamilton. Same endorsement. Copy. 1⅓ pp. [C.O. 152, 12. Nos. 96, 96 i.–iii.;
and (without enclosures) 153, 13. pp. 329, 330.] |
April 12.
Custom House, London. |
495. Mr. Carkesse to Mr. Popple. Encloses following to
be laid before the Council of Trade and Plantations. Cf. Dec.
24, 1717. Signed, Cha. Carkesse. Endorsed, Recd. 12th, Read
22nd April, 1718. Addressed. ¾ p. Enclosed, |
|
495. i. Extract of letter from Mr. Dunbar, Surveyor-General
of H.M. Customs in Barbados, Leeward Islands etc. to
the Commissioners of Customs. Antigua, Dec. 20th,
1717. Prays for directions in the matter of the Act of
Antigua prohibiting the importation of foreign sugars,
especially the growth of French colonies etc. As a Member
of the Assembly, he describes the arguments for and
against it:— It was warmly recd. by some—the Gentlemen Planters—and as violently opposed by others,
those concerned in trade or well—wishers to it. The
Planters urged that the importation of sugar lowered
the price on this Island and overstocked the market in
England and consequently sunk the price of it there,
that by an open trade with the French Islands we
supplyd them with provisions and negroes and by that
means assisted our great rivals in the making of sugar to
fix and extend their setlemts. which in the process of
time woud tend to a manifest injury of all the British
sugar Colonies. The traders replyd that the credit of
this Island had been long ruind by keeping up here the
price of sugars above their real value, that it could
avail no man to sell off his sugars at a fourth part more
than they were worth, when whatever was purchased
with them was rais'd by the trader 25p. cent on that
very account, that the French commonly govern'd
themselves nearer the market in Europe with respect
to the difference of excha. which certainly ought to be
the standerd of ours, and therefore the price of sugar
was sunk no lower than it should be and the importation
of other sugars could be no injury to any one person,
but on the contrary a free trade was a very great
advantage to Britain in general and to this Island in
particular, for first it consumes many of our British
manufacturys, secondly it encourages trade and navigation to English subjects, thirdly it makes this Island a
good mart for negroes, provisions and other goods
necessary for the support of the Collonies and consequently we have not only the first choice of any of
these but that too on the easiest terms; 4th the concourse of ships which this draws to us makes the freight
low of our sugars home an advantage of itself sufficient
to weigh down much greater inconveniencys than
that of lowering the price of our sugars here, which in
truth is rather an imaginary than real injury. That
as to the over stocking the market in England, it is not
the consumption at home but the demands from abroad
that keep up the market. Britain alone consumes but
a smal part of the produce of these Colonies, and the
rise of sugars always depends upon the encouragement.
there is for the exportation of it and while Britain continues the chief mart of Europe for that great and staple
comodity whereon foreign markets have often their
dependance there can sure be no danger of overstocking
the market which hitherto has risen in proportion the
better it was stockd. As to our supplying our great
Rival etc., we supply them now only in part, and if we
frowardly throw that part out of our hands, the Dutch
stand ready to take it into theirs, and would bless
and greedily grasp the occasion that opend their way
to a branch of trade they have long secretly envied us
etc. The Bill strips H.M. Revenue of the duty of 4½ p.c.
on the exporatation here and that on the importation
in England. It is repugnant to the 5th and 6th Articles
of the Treaty of Commerce, 1686, whereby vessels of
either Crown in case of want or disaster are permitted
to refit etc., whereas this Act strictly forbids all French
vessels let their wants and necessitys be never so urgent
so much as to approach any creek bay or harbour or
presume to anchor in or about this Island on any pretence whatsoever etc. What regard Officers of the
Customs ought to have to an Act that directly opposes
a publick Treaty, I am ignorant of etc. 3¾ pp. [C.O.
152, 12. Nos. 77, 77 i.; and (without enclosure) 153,
13. pp. 283, 284.] |
April 21.
Whitehall. |
496. Earl Stanhope to the Council of Trade and Plantations.
The King approves of proposal of 3rd March, etc., and signifies
his pleasure that Richard West Esqr. one of his Council at Law
be the person whom you shall consult upon all matters of law,
which you do not conceive to be of that importance as to require
the opinion of His Attorney or Solicitor General. Signed,
Stanhope. Endorsed, Recd., Read 23rd April, 1718. 1½ pp.
[C.O. 388, 77. No. 39.] |
| April 23. |
497. Representation of the Marquis de Wignacourt and
others to the Council of Trade and Plantations. Shewing H.M.
past right and title to the land unjustly claim'd by the
Massachusets, between Main and Nova Scotia, 190 miles in length
and in breadth; And if settled under H.M. Government (as is
propos'd to be) the Quit—rent thereof will be worth to the Crown
more than 90,000l. sterling per annum, besides supplying H.M.
with Naval Stores etc. Signed, Le Marquis de Wignacourt
Franconville, William Birkhead, J. de la Menardiere, Du Jary,
Daniel Pelisson. Endorsed, Recd., Read 23rd April, 1718.
Printed. 3½ large folio pp. [C.O.5, 866. No. 145.] |
April 23.
Whitehall. |
498. Mr. Popple to Sir Wm. Thomson. Encloses preceding.
Continues:— The Council of Trade and Plantations desire you
to consider the same with all convenient dispatch; and to let
them know whether you have anything to add to your former
report on this matter. [C.O. 5, 915.p. 114.] |
April 23.
Whitehall. |
499. Order of Council. Referring following to the Council
of Trade and Plantations for their report. Signed, Robert
Hales. Endorsed, Recd. 2nd, Read 6th May, 1718. 1 p. Enclosed, |
|
499. i. Petition of Merchants trading to New York, in behalf of
themselves and others inhabiting in the said Province,
to the King. Pray that the Governor of New York may
be directed to stay all proceedings on the Act for
paying several debts (v. April, 9th) and to transmit the
same forthwith for H.M. consideration etc. The Act
is looked upon as a very great hardship, providing for
several old demands which were disallowed by former
Assemblys when large sums were granted for the defraying the publick debts and time sufficient allowed for
all claims to be brought in which accordingly were done
and the same adjusted to June 1st, 1714, and provision
made to prevent the Colony from being in debt for the
future. Yet this Act grants large sums unto the
Governor Council and Assembly in an unwarrantable
manner, which summs and to whom granted is set forth
in the body of the bill. The proceedings on the said
bill in the Assembly was not printed as usuall (altho a
printer is paid by the publick for those purposes) so
that the carrying on the same could not be fully transmitted to us etc. Signed, Thomas Pitt and 19 others.
Copy. 2 pp. [C.O. 5, 1051. Nos. 66, 66 i.; and
(without enclosure) 5, 1124. p. 23.] |
April 23.
Whitehall. |
500. Council of Trade and Plantations to Governor Hunter.
Acknowledge letter of 27th [? 20th] Janry. last and inform him
of following. Enclose order of 20th March. "Our Secry. will
acquaint you more particularly with the state of that matter."
Enclose Solicitor General's opinion, April 1st. Refer to opinion
of Sir Edwd. Northy late Attorney General upon the Act for the
better settlement of lands etc. (March 12th), etc. Continue:—Therefore we do not think it proper at present to lay it before
H.M. for his disallowance. But if the Assembly will pass a new
Act for repealing this whereby the persons who have purchased
under the security of this Act of 1710 may be safe, and the new
law not liable to any other objections, we think you may give
your assent to such law, provided there be a clause in it, declaring
that it shall not be in force till H.M. pleasure is known. We
take notice of what you write concerning the Act for paying the
remainder of all publick debts, and we wish you had been more
particular in your observations upon it, which would have been
of use to us, there being a caveat lodged in our Office in the name
of some merchants here, and others residing at New York against
confirming that Law. When the Act comes we shall consider it,
together with the objections that will be then made against it.
[C.O. 5, 1124. pp. 20, 21; and (corrected draft) 5, 1079. No. 99.] |
April 23.
Whitehall. |
501. Same to the Lords of the Committee for hearing appeals
etc. from the Plantations. Enclose papers lately received from
Brigadier Hunter relating to Mr. Mulford's complaints, and Mr.
Solicitor General's opinion. Your Lordships will perceive by
enclosed papers what opinion the inhabitants of New York have of
Brigr. Hunter's conduct in his Governmt. (v. 20th Jan. and 1st
April). Enclosed, |
|
501. i. List of papers received by the Council of Trade from
Governor Hunter relating to Mr. Mulford. [C.O. 5,
1124. p. 22; and 5, 1079. Nos. 100, 101.] |
April 23.
Whitehall. |
502. Earl Stanhope to the Council of Trade and Plantations.
Copy of No. 496. [C.O. 389, 37. pp. 150, 151.] |
April 24.
Treasury Chambers. |
503. Mr. Lowndes to Mr. Popple. A petition having been
presented to the Lords Commissioners of H.M. Treasury by
William Tavernor for allowances for surveying the late French
part of Newfoundland, desires a certificate of his services etc.
Signed, W. Lowndes. Endorsed, Recd. 24th, Read 29th April,
1718. Addressed. 1 p. [C.O. 194, 6. No. 46; and 195, 6.
p. 393.] |
| April 24. |
504. Richard Shelton to Mr. Popple. In reply to 3rd April
encloses following. Signed, Ri. Shelton. Endorsed, Recd., Read
30th April, 1718. ¾ p.Enclosed, |
|
504. i. Extract of letter from Governor Johnson to Mr. Shelton.
Charles Town, 15th Feb., 1717(18). Several of the
heads of the Creek Indians have been with me to offer
peace, and have been kindly receiv'd and sent back;
'tis reported from St. Augustin, as if they had made
peace with the Cherikees, if so, we are deeper ingag'd
than ever, but we hope the best, and as it is only conjecture
I hope by the next to give you a better account. ½ p.
[C.O.5, 1265. Nos. 97, 97 i.; and (without enclosure)
5, 1293. p. 147.] |
| April 25. |
505. Mr. Shelton to Mr. Popple. Reply to 9th April. I do
assure you the Lords Proprietors do not know that any such law
was ever pass'd, and if any such law should be propos'd there
the Lords will repeal it here and give your Board notice of it.
Signed and endorsed as preceding. ¾ p. [C.O. 5, 1265. No. 98.] |
| April 26. |
506. Anonymous letter to Mr. Popple. There has been laws
sent from Pensilvania several times in which even in capital
cases an affirmacon was allowed to be taken instead off an oath
but as often as such laws have been presented they were rejected,
yet notwithstanding the Assembly upon receipt of the Crown's
negative always proceed anew to reenact ye same law and about
six years agoe they have pass'd another Affirmacon Act without
the name of God being menconed in the affirmacon this Act they
still keep under their thumb and will not produce it for the
Royal assent till they are forced to it because they (k) now it
will be damn'd then, but till they present it, it will be in force,
etc. Endorsed, Recd., Read 6th May, 1718. Addressed. Postmark. 1 p. [C.O. 5, 1265. No. 101.] |
| [April 26.] |
507. Governor Philipps to the Council of Trade and Plantations. According to your Lordships commands, I humbly offer
my oppinion on the several articles of my memorial (v. 21st
Feb.). (i.) As to Newfoundland trade and Governmt., I doe
agree that the necessity of makeing any alteration therein
turns intirely upon whether settlements there are to be incouraged
or not. The chief objection I take to be that the people of New
England benefitt more from them then the subjects of Brittain
this is matter of fact and can only be remedy'd by makeing a
monopoly of that fishery in favour of the latter, or the Marchants
contracting a year beforehand for all the fish that shall be catch'd
the season following, or by prohibitting the retaile of all comodity's brought thither in New England bottoms, etc. (ii.) Your
Lordships' opinion inclining to the report of the Board of Ordnance that both garrison and fortifications of Placentia may be
reduced, I must pray you to observe that the first is already reduced by the present establishment to less than half its numbers.
If you think it may (with security) be reduced to 50 or 60 men, the
suppernumry. will be very useful in Nova Scotia to garrison the
forts thought necessary to be built there, etc. As to the fortifications, it is submitted whether the old may be repaired or the
new built with the least expence. Something must be done
this summer to preserve the poor men and their provisions from
the severity of the winter etc. (iii.) The best and only method
to secure the allegiance of the French inhabitants of Nova Scotia,
is to give all possible incouragement towards settleing that
country from these Kingdoms, by grants or publick advertisements to lett people know that there's settlements intended in
that country, where propertyes will be given the Adventurers,
setting forth the goodness of that soyle and climate, the advantages
of trade with assureances of all due protection from the Crown.
And if transportation could be allowed them it would be a great
inducement to poore familyes to go thither and in the mean
time to lett these French see that the Govermt. is in ernest to
take care of that countrey by repaireing its fortifications.
(iv.) Proposes presents to the Indians to the value of 5 or £600.
(v.) Commissioners to be appointed to adjust the bounds
according to the late Treaty's etc. etc. Articles vi.–ix. 21st Feb.
expounded. Signed, R. Philipps. Endorsed, Recd. 26th, Read
29th April, 1718. 6 pp. [C.O. 217, 2. No. 46; and 218, 1.
pp. 343–350.] |
April 28.
London. |
508. Anonymous letter to Mr. Popple. In the late King's
time Mr. Penn agreed to surrender his right to the governmt. of
Pensilvania, with all the fines and perquisites thereof, for £12,000,
but never sign'd the surrender, tho' part of the money has been
paid him. You will have transmitted to you severall laws from
Pensilvania, in some of which the fines are granted to the Town of
Philadelphia and also the power of granting licences to publick
houses is vested in the Justices contrary to the method of the
Plantacons, and divesting the Governmt. thereby of another very
considerable profitt in prejudice of Mr. Penn's design'd grant of
them to the Crown as he was obliged to [? by] the above menconed
agreement and wch. indeed will be effectually made void if those
laws obtain the Royall Fiat by the King's own act, etc. Signed,
A. B. Endorsed, Recd., Read 6th May, 1718. Addressed.
Postmark. 2 pp. [C.O. 5, 1265. No. 100.] |
April 28.
Kensington. |
509. H.M. Warrant confirming to William Congreve the
Office of Secretary of Jamaica during his life. Countersigned,
J. Craggs. [C.O. 324, 33. pp. 164, 165.] |
| [April 29.] |
510. Petition of Capt. James De Leuze to the Council of
Trade and Plantations. Edmund Helot died at St. Christophers
in 1680 seized of considerable estate real and personal.
Stephen Duport possesed himself thereof upon marrying his
widow. Upon the breaking out of the war with Frances in 1689
Mr. Duport retired for England, and Mrs. Duport put herself
and the estate of Mr. Helot into the protection of the French
who soon after took the English part of St. Christophers. The
English reduced St. Christophers in 1690 and the inhabitants
who submitted to K. William were restored to everything that was
found to belong to them. Mrs. Duport having farmed her estate
to a Frenchman and retired to France (Mr. Duport being taken
at sea and carried there) he negroes and movable effects together
with those of Mr. Helot's children were seized and sold by the
Army. Mr. Duport hearing that St. Christophers was reduced
returned from France into England, and did obtain H.M. order
to be restored to the whole estate that could be found, but reaped
little benefit thereby the persons who had bought the negroes
having sold them off the Islands for Jamaica. Mr. Duport
petitioned Her late Majesty that he might be considered for the
great losses sustained by him as he pretended in 1689, but in
truth were in 1690. His petition and accompt were laid before
the Council of Trade and Plantations. He is soliciting the said
losses to be paid him out of the late French lands of St.
Christophers. Memorialist is married to the only surviving
child of Mr. Helot, who was an infant under the care of her mother
when the said losses were sustained, which chiefly were the
effects of Mr. Helot. Petitioner prays for such part of any reparation that may be ordered as belongs to his wife and for a copy of
Mr. Duport's accompt. Endorsed, Recd., Read 29th April, 1718.
1¼ pp. [C.O. 152, 12. No. 78.] |
| April 30. |
511. Mr. Solicitor General to Mr. Popple. Reply to April 23.
I have perused the representation (Apr. 23), and I find no legall
answer to the express grant of K. Wm. to the Massachusetts
of that tract of land so that I have nothing more to trouble their
Lordships with, in this matter. Signed, Wm. Thomson. Endorsed, Recd., Read 2nd May. ½ p. [C.O. 5, 866. No. 146;
and 5, 915. p. 115.] |
April 30.
Whitehall. |
512. Mr. Popple to Mr. Marsh. The Council of Trade and
Plantations have for some time expected to hear from you when
the petitions against the Act of Antigua to indemnify Anthony
Brown etc. would be ready etc. They think it necessary to make
a report as soon as may be upon H.M. Order of Reference. [C.O.
153, 13. pp. 284, 285.] |
April 30.
Whitehall. |
513. Same to Mr. Priswick. The Council of Trade and
Plantations desire to hear what Col. Coidrington has to offer upon
his petition referred to them 29th Aug. etc. If he desires to be
heard by Council, you will please to let me know it, that H.M.
Attorney and Sollicitor Genl. may have notice to attend in behalf
of the Crown. [C.O. 153, 13. pp. 285, 286.] |
