|
June 2.
Philadelphia. |
552. Lt. Governor Keith to Mr. Popple. I should be
extreamly glad to know if my letters last year, came to hand, for
I have not yet received any direction from White Hall relateing
to this Government, tho it be very much wanted in some cases.
Some laws have been passed here for the support of Government,
whereing duties that have been formerly laid, were either renew'd
or continued for a longer time, and this rule has been observed,
that our duties ariseing from any part of trade are more than
one half less than the duties of the same kind which are now at
this time exacted in the neighbouring Provinces of Virginia,
Maryland and New York, whereby we humbly hope that our
laws cannot run the risque of being disaproved, unless those of
the same nature in the other Provinces be also repealed, for
otherways a great inequality and much inconvenience would
insue to the mutual commerce of these Colonies with one another
if anything therefor of this nature be suggested with you, I beg
that I may have a fair opportunity to give the Board a full and
distinct information how that mater realy stands amongst us
etc. Signed, W. Keith. Endorsed, Recd. 17th Nov., Read 4th
Dec., 1718. 2 pp. [C.O. 5, 1265. No. 108; and 5, 1293.
pp. 158, 159.] |
June 3.
N. York. |
553. Governor Hunter to Mr. Popple. Abstract. Hopes for a
letter from him. Complains of the perpetual drudgery imposed
upon him by his enemies in answering the repeated complaints of
"that poor crack'd man, Mulford." Regrets "that unhappy difference at Court." Must wait for a ship of war before sailing on
leave, pirates being busy on the coast. Fears H.M. pardon will have
small effect upon such wretches. Whatever his fate, he remains
in the strictest bonds of friendship etc. Set out, N.Y. Col. Docs.
V. 504. Signed, Ro. Hunter. Endorsed, Recd. 19th, Read 22nd
July, 1718. Holgraph. 2¾ pp. [C.O. 5, 1051. No. 70; and
5, 1124. pp. 29–31.] |
June 3.
New York. |
554. Same to the Council of Trade and Plantations. By a
ship arriv'd here about ten or twelve days agoe I had a letter
from Mr. Philips informing me that I had by that conveyance the
honor of your Losps. commands as to several matters, but not
receiving any such I conclude that your Losps. dispatches must
be on board of Hopkins who sail'd with this ship but is not as
yet arriv'd, but I was more surpriz'd by an Order from the Lords
Commissioners of Appeales to cease all proceedings against Mr.
Mulford or his security untill H.M. pleasure should be known in
relation to the complaints he has prefer'd against me. For by
your Losps. commands I transmitted to your Losps. my answers
to ye sd. groundlesse complaints by several ways and have now
againe to Mr. Philips as much as remains in my power (having
sent many original papers by the former conveyances) in order to
their being lay'd before your Losps. or any other board which
Mr. Mulford or his friends shall think fitt to disturb with that
matter. It seems my answer is still wanted before the Lords of
Appeals; I never heard that the matter was carried thither, but
if what I have formerly sent to your Losps. and what I have now
againe sent to Mr. Philips be not a sufficient answer to what
that craz'd man has represented I know not what can be esteemed
so. Unlesse the testimony of every individual person in this
Province (which I can procure a very few excepted) under their
hands affirming every individual article in these papers of complaints which any way relate to me or my conduct to be false or
falsely stated be expected from me. If by any strange accident
none of my former letters relateing to that matter be come to
your Losps. hands Mr. Philips will now lay before you what I have
transmitted to him, but if you have recieved the former these are
superfluous. The Assembly here is mett but seem to desire to be
adjourn'd till the fall for reasons which I have hinted to Mr.
Philips. I have however desir'd them to continue their sitting
some time in hopes of having your Losps. commands by Hopkins
in a few days. The duplicates of the Acts of Assembly minutes
of Council and other publick papers not being as yet finisht,
(the ship which carried them having departed from hence lately)
I shall by the first conveyance after they are finisht transmitt
them with the necessary observations to your Losps. With this
your Losps. will receive the quarterly accounts of the export and
import of this Province which is all the trouble I shall presume to
give your Losps. at this time but to assure you that I am with the
deepest sense of gratitude and all due honor etc. Signed,
Ro. Hunter. Endorsed, Recd. 19th, Read 23rd July, 1718. Holograph. 3 pp. [C.O. 5, 1051. No. 71; and 5, 1124. pp. 31–33.] |
June 12.
Plantatn. Office, Whitehall. |
555. Bryan Wheelock to Mr. Carkesse. In the absence of Mr.
Popple, encloses for the opinion of the Commissioners of Customs
thereon an Act of Jamaica, 1714, for ascertaining the number of
ports of entry, and obliging officers to keep deputies at such ports and
to prevent all clandestine trade. [C.O. 138, 16. p. 114.] |
June 18.
Charles Towne, South Carolina. |
556. Governor Johnson to the Council of Trade and Plantations. The unspeakable calamity this poor Province suffers from
pyrats obliges me to inform your Lordships of it in order that
his Majestie may know it and be induced to afford us the assistance
of a frigate or two to cruse hereabouts upon them for we are
continually alarmed and our ships taken to the utter ruin of our
trade; twice since my comming here in 9 moneths time they have
lain off of our barr takeing and plundering all ships that either
goe out or come in to this port, about 14 days ago 4 sail of them
appeared in sight of the Town tooke our pilot boat and after wards
8 or 9 sail wth. severall of the best inhabitants of this place on
board and then sent me word if I did not imediately send them a
chest of medicins they would put every prisoner to death which
for there sakes being complied with after plundering them of all
they had were sent ashore almost naked. This company is
comanded by one Teach alias Blackbeard has a ship of 40 od
guns under him and 3 sloopes tenders besides and are in all above
400 men. I don't perceive H.M. gracious proclamacon of pardon
works any good efect upon them, some few indead surrender and
take a certificate of there so doing and then severall of them
return to the sport again; notwithstanding there has for this 3
moneths last past been a man of warr Capt. Perce Comr. at
Providence severall sloopes have fitted out a pyrating from thence
dureing her being there and I am credibly inform'd there are
above 20 sail now in these seas so yt. unless ships be sent to cruse
upon them, all the trade of these American parts will be stopt, for
hardly a ship goes to sea but falls into there hands. As to the
warr wth. the Indians I have since my comming made peace wth.
severall nations perticulerly the great nation of the Creeks who
live to the southward near St. Augustin, but Treatys with them are
very precarious, so long as the French from Movele and Spaniards
from St. Augustin live and have built forts amongst them and doe
continually by presents and furnishing them with arms and
ammunission and buying the slaves and plunder incourage them to
warr upon us, this is certainly fact and I can have no redress altho
have severall times demanded it. Servants slaves robbers and
debtors frequently escape from hence there and when demanded
can have no return from the Governor but that he will send to the
King his Master to know his pleasure therein and soe are always
Kept and protected; a sloope arived here from Providence about
six days agoe but I cant learn Capt. Rogers Governor of those
Islands is yet arived there, 'tis to be hoped he has frigats with him
and a good force of land men otherways he will runn some resque
of being attact by pyrats for it being there nest and rendevous they
will be unwilling to have the place setled, I am advised there are
6 or 700 now there, etc. Signed, Robt. Johnson. Endorsed, Recd.,
Read 28th Aug., 1718. 3 pp. [C.O. 5, 1265. No. 106; and 5,
1293. pp. 154–157.] |
June 18.
Whitehall. |
557. Council of Trade and Plantations to Mr. Secretary
Craggs. Enclose extract of Governor Hamilton's letter, (15th
March) relating to the Spaniards and Crab Island, "conceiving the
same to be of such moment, that no time should be lost in laying
the state thereof before H.M., that H.M. may be pleased to signify
his Royal pleasure thereupon to his Governor of the Leeward
Islands, and give such further directions therein as so extraordinary a proceeding may deserve." Enclose extract from same
letter relating to the want of ships of war to protect the Leeward
Islands etc. Autograph signatures. 1¾ pp. Enclosed, |
|
557. i. Extracts from Governor Hamilton's letter, 15th March.
2 pp. [C.O. 152, 39. Nos. 129, 129 i.; and (without
enclosure) 153, 13. p. 309.] |
June 18.
Whitehall. |
558. Council of Trade and Plantations to the King. In
reply to order of 16th March. Repeat representation of Jan.
27 q.v. "H.M. Order was not delivered to us till the 10th inst.
(near 3 months after the order of confirmation, Feb. 13th, was
sent away), before which time we had no notice of any complaint
against the said Act." Set out, N.J. Archives, 1st Ser. IV. 366.
[C.O. 5, 995. pp. 440, 441.] |
| [June 19.] |
559. William Mathew, Lt. Governor of St. Christopheres
(v. 23rd March, 1716) to the Council of Trade and Plantations.
Prays that Charles Payne, Benjamin Estridge and John Garnett
may be appointed members of Council of St. Christopher in the
room of John Panton and Ralph Willett, decd., and John Helden
resigned. They are men of steady loyall principles to H.M., of
best repute and estates in that Island etc. Endorsed, Recd.,
Read 19th June, 1718. 1 p. [C.O. 152, 12. No. 93; and 153,
13. p. 314.] |
June 19.
Whitehall. |
560. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose extract of letter from Governor Hamilton relating to the inhabitants of Anguilla, (15th March),
and repeat their suggestion for settling St. Kitts. (v. 16th Oct.,
1717 etc.) [C.O. 153, 13. pp. 316, 317.] |
June 20.
Whitehall. |
561. Mr. Popple to Governor Lowther. Encloses Acts of
Barbados passed since H.M. accession, with the observations of
the Council of Trade thereon. Some are marked "expired,"
some "to lie by probational," etc. The Board are surprized that
they have received no letter since 20th July, 1717, and send a list
of publick papers wanting for their information etc. P.S. They
have now received letter etc. of 9th May, 1718. [C.O. 29, 13.
pp. 459–466.] |
June 20.
Whitehall. |
562. Mr. Popple to Mr. Carkesse. Encloses copy of Order of
Council, 14th May, in reply to 20th March etc. [C.O. 5, 1293.
p. 153.] |
June 20.
Whitehall. |
563. Mr. Tickell to Mr. Popple. Mr. Secretary Craggs has
signified the King's pleasure to Mr. Stanhope, H.M. Minister at
Madrid, that he make a complaint at that Court of the Spaniards
having seized Crabb Island in the West Indies, and drove out the
inhabitants there etc. Signed, Tho. Tickell. Endorsed, Recd.,
Read 20th June, 1718. 1 p. [C.O. 152, 12. No. 95; and 153,
13. pp. 317, 318.] |
June 20.
Whitehall. |
564. Mr. Popple to Mr. West. Encloses, for his opinion
thereon, Act of Antigua, 1718, to enable Arthur Freeman and
Dorothy his wife to sell and convey a certain plantation, to make
provisions for Henry Simms and Eliz. Athy, children to the said
Dorothy by her former husband, George Symms decd. [C.O. 153, 13.
p. 318.] |
June 20.
Annapolis Royal. |
565. Lt. Governor Doucett to the Council of Trade and
Plantations. Refers to enclosures. Continues:—Upon my answer
(No. iii.) they [the French inhabitants of Minis] sent a person to
Cape Breton, to see what the French King will doe with them,
they haveing in the late Queen's time signed an agrement wth.
one Capt. La Ronde Denys to remain subjects to His Most
Christian Majesty, the same gentleman haveing been sent on
purpose from Cape Breton, who promis'd them great advantage's
in that Island, but upon some of them goeing thither they found
nothing answer to the promises made them upon which most of
them came back again and have lived here ever since without
acknowledging H.M. King George, and keep their lands upon the
same engagements and acknowledgements to the French as when
the country was in their possession. The inhabitants have allso
sent a person from hence to Cape Breton on the same errand as
those of Minis, by whom I sent the paper (No. iv.) to the Govr.,
and haveing had an opertunity of an Indians goeing to Canada, I
sent a letter to the Marquiss de Vaudriel (No. v.), but as yett have
had no answer to either. Some of the Indians of this country
seem to be sett on by the presists, or people as bad, to pretend that
the country belongs only to them, and that neither the English or
French have any thing to doe here, and have insulted and used
the like argument's to some of our traders on the coast, but yett
are very civill when they are in reach of our country, and who are
as civilly treated by us, some of them own that the French inhabitants would willingly have them differ with us, but I hope your
Lordships will find a method of sending them some presents,
which would easyly prevent the influence those wicked incendiarys
have over them. I am inform'd att this time, that the Indians
are gone to Cape Breton, for presents sent there by the French
King. The truth of which a little time will shew etc. Signed,
John Doucett. Endorsed, Recd. 19th Dec., 1718, Read 10th Feb.,
1718/19. 2½ pp. Enclosed, |
|
565. i. Lt. Governor Doucett to the French Inhabitants of
Minis. Acknowledges letter v. No. 371 iv. If you
doe not comply with the oath required, you will oblidge
me to forbid H.M. subjects to trade with you, and if
any from Canada, Cape Breton, or any part belonging
to the French King shall presume to trade in the
territorys belonging to the King of Great Britain,
contrary to the Articles of Peace, I shall not only
represent it to the King (my Master) but seise all such
vessells as lawfull prises etc. You ought to consider in
whose Dominions you live, and not longer pretend to
capitulate etc., you having it in your own choice to
become subjects to the King of Great Brittain and
remaine or retire etc. Signed, John Doucett. Same
endorsement. Copy. 1 p. |
|
565. ii. Père Felix to Lt. Governor Doucett, Mines, 29th
March (N.S.) 1718. Acknowledges letter etc. v. Feb. 10.
The people are sufficiently instructed in their duty,
without my help etc. I am only here to keep them with
God etc. I am resolved not to give them any advice one
way or the other etc. Signed, F. Felix. Same endorsement. Copy. French. 1 p. |
|
565. iii. Lt. Governor Doucett to Pere Felix. Annapolis
Royal, 26th March, 1718. I think you acct very
prudently in leaveing the people to themselves in
temporal affairs, by which they can lay noe blame on you,
if they suffer for accting contrary to reason etc. I shall
henceforward esteem you to be a person of integrity
etc. No Signature. Same endorsement. Copy. ¾ p. |
|
565. iv. Lt. Governor Doucett to M. St. Ovide Brouillan,
Governor of Cape Breton. Annapolis Royal, May 15,
1718. I wish you joy of your new Commission etc.,
with which I don't doubt, but you have had advice of the
firm alliance between the King of Great Britain and his
most Christian Majesty etc. Complains that (i.) "several
of your vessels last year took severall thousand quintalls
of fish on our coast, and dry'd them on the same,
contrary to an Article in the late Peace" etc. Desires him
to order French subjects to desist for the future. (ii.)
Severall people from Cape Breton have settled and
built themselves houses and stages for the fishing in
severall parts of H.M. dominions of Nova Scotia,
especially one Latonde, at Cape Cancer, and who has
done great damage by incensing the savages against
H.M. subjects. The rest of the French inhabitants who
live on the coast dayly doe the same etc. Desires him
to order Latonde and all who have not H.M. permission
to reside on the coast of Nova Scotia, to retire. (iii.)
The agreement between the French inhabitants, and
Capt. La Ronde Denys, not haveing been comply'd with,
has been a great detriment to these Dominions, etc.
"I therefore expect, since it has not been perform'd in
the time allow'd by her late Majesty for their retireing
out of this country, it may be anull'd, if the inhabitants
desire, but if any of them shall not so desire, that then
you will provide for their retireing into his Most Christian
Majesty's Dominions, as speedily as may be. To all
which I with impatience wait the honour of your answer"
etc. Signed, John Doucett. Same endorsement. Copy.
2 pp. |
|
565. v. Same to the Marquiss de Vaudriell, Governor of Canada
and Quebeck. Annapolis Royal, April 15, 1718. I
have the honour to succed the late Lt. Governor of
this place. I shall doe my best endeavour to fulfil the
agreement between Great Brittain and France etc., and
doubt not yor. Excellency's readyness to comply with
the same; for which reason I much desire your Excellency
to send me a line or two hither to shew the inhabitants,
that those who have a mind to become subjects to the
King of Great Brittain has free liberty, according to the
articles of peace, and order those who shall not to retire
to Canada etc. I allso desire your Excellency will
comunicate to them and the savages, the firm alliance
between the two Crowns etc. Allso if the Bishop of
Canada would give orders to all the Missionarys not
to acct anything contrary to King George's intrest in
these his Dominions, which if they doe, I must be
oblidged to use such methods, as would not be pleaseing
to me or to them etc. Signed and endorsed as preceding.
Copy. 1¼ pp. [C.O. 217, 2. Nos. 54, 54 i.–v.; and
(without enclosures) 218, 1. pp. 378–381.] |
June 21.
Jamaica. |
566. Governor Sir. N. Lawes to the Council of Trade and
Plantations. Encloses copy of May 3rd, since which I have not
been favour'd with any of your commands. With the unanimous
advice of the Council, I have issued writts for the calling of an
Assembly, which is to meet on the first of August next, and I have
no reason to doubt, but they will meet with a disposition to do
their country service, and support the honor and dignity of the
Government. Herewith yor. Lordsps. will receive two accounts
current of H.M. revenue, etc. (v. encl. i.). As to H.M.
Instruction to transmit the number of inhabitants etc., I have not
yet received musters of all the Militia regiments nor returns from
the Parish books from whence this account must be collected.
But I have given directions to the proper officers to prepare such
lists, which shall be transmitted etc. I have likewise given
particular directions to the Commissary to send me an account of
the births christnings and burials. But I am afraid he will not
be able exactly to comply with the same, by reason that some
parishes want Ministers, and in those there are not any registers
made of these particulars, in others lame and imperfect accounts
are kept so that there is no dependance to be had upon them. I
thought to have sent yor. Lordps. by this conveyance the Naval
Officers accounts of entrys and clearances etc. and the number of
negros imported etc. But he informs me, that the last quarter's
accot. is not due till the 24th instant. I have not yet had an
opertunity of viewing the fortifications etc. I am daily in expectation of the arrival of an Engineer, and then I will take a survey,
and order plans to be made of them, which when done shall be
carefully transmitted. It is with great concern that I must still
acquaint yor. Lordsps. of the dayly complaints I receive of
pyracys and robberys committed in these parts, insomuch that
there is hardly one ship or vessell, coming in or going out of this
Island that is not plunder'd. And this in great measure I
impute to the neglect of the Commanders of H.M. ships of warr,
who are said to be appointed for the suppressing of pyrates and for
a security to this Island, and protection of the trade thereof, but
in reality by their conduct, have not the least regard to the
service they are designed for. There are innumerable instances of
it. The Ludlow Castle which brought me hither was order'd by
Capt. Jacob to sail to the Spanish coast in six days after I landed;
and she actually sail'd full of merchandize, without giving me the
least notice thereof, so that I had not an opertunity of notifying
my arrival to any of the Spanish Governors. And I am still
altogether a stranger when that ship is to return. The Winchelsea
has not been here since my arrival. I am given to understand
she is likewise a trading on the Spanish coast. And the Diamond
sail'd about ten days agoe full of goods (as I am inform'd) for the
coast of New Spain. So that ye Adventure and Swift sloop going
home with this fleet, the Island and it's trade will be left without
any of H.M. ships for their protection. Your Lordships. undoubtedly are sensible that the men of warr carrying goods and
merchandize must be a very great discouragement to the fair
trader, and to the seafaring men belonging to this Island, who
ought to be encourag'd they being a considerable strength and
security to us, and more especially to ye town of Port Royall
which hath now almost lost its trade. And I can attribute that
to nothing more than the men of warr's transporting goods and
merchandize which otherwise would be done by vessells belonging
to the Island, and consequently be a livelihood to numbers of
seafaring men, who now have not bread for want of employment,
which is the chief occasion of so many of them going a pyrating.
I hope yor. Lordshps. as you have always espous'd and endeavour'd
the good and prosperity of this Colony, will now be pleas'd to lay
this matter before H.M. for redress for should the men of warr
continue under the same regulations they now are they will be of
little service to this country. Signed, Nicholas Lawes. Endorsed,
Recd. Aug. 29th, Read Sept. 3rd, 1718. 4¾ pp. Enclosed, |
|
566. i. Account of H.M. Revenue in Jamaica 25th March 1716–29th Sept., 1717. Endorsed as preceding. 5¼ pp. |
|
566. ii. Account of H.M. Revenue in Jamaica, 29th Sept.,
1717–25th March, 1718. Signed, James Knight,
Receiver Genll., Deane Poyntz, Dep. Auditor, Nicholas
Lawes. 6½ pp. [C.O. 137, 13. Nos. 13, 13 i., ii.; and
(without enclosures) 138, 16. pp. 121–126.] |
June 23.
Tofts in Essex. |
567. Mr. Barrington to Mr. Popple. Asks that his nephew,
Mr. Yeamans, may be appointed to the Council of Antego. He
has a considerable Plantation there, and is ready to embark; a
young gentleman of very good parts and learning and of great
affection and zeal to H.M. etc. Signed, J. Barrington. Endorsed,
Recd. 25th, Read 26th June, 1718. 3 pp. [C.O. 152, 12. No.
98.] |
June 24.
Virginia. |
568. Lt. Governor Spotswood to the Council of Trade and
Plantations. The General Assembly which I have now on foot
here, being at their own desire under a pretty long adjournment,
I take this opportunity to lay before your Lordps. a brief account
of some of their extraordinary proceeding, because the Journals
cannot be compleated till the determination of the Session etc.
It is necessary, for the better understanding the temper of the
present House of Burgesses, to give your Lordps. a view of the
Arts by which they were chosen. No sooner was the resolution
taken to call an Assembly upon what H.M. was pleased to recommend in relation to the regulating the Indian Trade, the making
provision for the defence of the frontiers, and the reimburseing
the expence of the late Indian Company, than the discontented
party very assiduously applyed themselves to instill into the
people a belieff that great sums would be required of them for
this purpose, and that they would be entirely ruined, if they chose
for their Burgesses any one who had an affection to the Governor:
A specimen of the reasoning and good manners of the Party
yor. Lordps. may find in the inclosed paper (No. i.), penn'd (as
is credibly reported) by a Member of the Council, and dispersed
with great industry through most countys in the Colony to
poyson the minds of the populace. To increase the disaffection
towards the friends of the Government, great care was also taken
to possess the people with a partial account of the dispute about the
Courts of Oyer and Terminer etc. A paper was drawn up in the
nature of a grievance agt. those Courts, and sent all over the
country to be signd by the people: and in order to make this go
down the better some other popular propositions were coupled
with it, such as the ascertaining officers fees by law etc. being
what everyone desired to see regulated. But this train would
not take, the people generally refusing to concern themselves
therin; and chusing rather to drop the article of the officers fees,
than sign to that which they knew to be only calculated to
enlarge the power of a party in the Council. So that this grievance
of the Oyer and Terminer Judges came only recommended from
two countys, and signd in one of them but by 18 and in the other
by no more than 11 and all of them very obscure fellows. However
having by great industry, in propagating calumnys, and the
practices usual in elections got many of their relations, and others
of weak understanding, and credulous tempers chosen for
Burgesses, upon the meeting of the Assembly there appeared a
majority of that party: And that yor. Lordps. may see what
the state of the country then was, and what was expected of the
Assembly on that occasion, I have here inclosed my Speech
(No. ii.) at the opening of the session: The flourshing condition
of the trade and manufactures, the peace and tranquillity of the
Colony, and the riches of the publick Treasury therein described,
are all acknowledged (tho indeed in an awkward manner) by the
Burgesses in their Address (No. iii.), because neither could be
denyed. And I hope yor. Lordps. by perusing these two papers
will judge that I have in some measure answered the end
of my mission here, when from a state of the greatest
poverty, and general decay of all H.M. revenues, and a want
of means to defend it self, this country has under my
administration arrived at that flourishing estate it now enjoys
in all the branches of its trade, and a bank of 14 or
£15000 in its Treasury after all the publick debts are paid.
The first remarkable step the Assembly proceeded in, was
to address the King to revoke the late Instruction prohibiting the passing of laws which affect the trade and shipping of
Great Britain; To which they added another clause complaining of the power given the Governor to nominate the Judges
of the Oyer and Terminer Courts, and praying that the Council
may be the sole Judges of life and death (No. iv.). To sollicite
this Address, they thought fitt to have a particular Agent: and
to this purpose prepared a bill, whereby the Burgesses were of
themselves impowered to name (barely by a resolve of their
House) any person to be their Agent, by the like resolve to change
him and put in another, and by the same power of a resolve to pay
such Agents what sums they thought fitt without any concurrence
of the Governor and Council. This power, tho strenuously
contended for, by such of the Council as set the Burgesses to
work, was nevertheless so ill relished by the soberer men of the
same party, and so exclaimed against, by the other Gentlemen
of the Council who are not in that interest, that it was at last
rejected in the Council. And soon after a vote passed in the
Burgesses House appointing Mr. Byrd their Agent, and assuring
him of a suitable gratification for his trouble, and a select
Committee appointed to prepare Instructions for him, (No. v.).
By which yor. Lordps. will perceive what mighty occasion they
have for throwing away the countrys money upon such an
Agent when they have so little business for him to negotiate;
and when they were told that the transmitting Addresses to the
Sovereign in any other manner than through the hands of the
Governor had been disapproved by the late Queen upon a
Representation from yor. Lordps.' Board in a case wherein this
very Gentleman was imployed as Agent in 1702. But the truth
is the main aim of constituting an Agent was disappointed by
the miscarriage of their Bill, which would have enabled that party
(if they were so weak as to imagine I would pass it) to dispose of
every farthing of the publick money at their pleasure to their
own friends, for by the same power of making and gratifying
Agents by the resolve of their House, they might from time to
time have nominated one another and given what sums they
thought fitt for no service at all. That this is no unreasonable
conjecture will appear from another step taken after their Agents
bill miscarryed: A bill was prepared by the Burgesses, sent up to
the Council and pass'd there, whereby £4000 of the publick money
was directed to be put into the hands of Mr. Archibald Blair
under pretence of entrusting him to put it out at interest for
4 pr.cent. pr. annum, of which he was to be allowed one half
for his trouble: but with this express condition that if he did not
lend it he should pay no interest at all. This Gentleman now a
Member of the House of Burgesses, is brother to Mr. Commissary
Blair one of the Council, and they two are in partnership with
Collonel Ludwell in one of the most considerable trading stores
in this country: and as this money being once placed in his hands
by an Act of Assembly could not have been called out but by the
same authority, and as there is in the Council a great majority
of the relations of those Gentlemen; should they have refused their
concurrence to the recalling that money it must have remained
in their hands without any interest to the country as long as
they pleased; And for this reason I have resolved to reject that
bill. Having thus far given yor. Lordps. a summary of proceedings in relation to party shal next show what attempts
have been made this session on the prerogative and interest of
the Crown. I have already observed that the ascertaining and
regulating the fees of divers publick officers was generally desired
by the country, in regard the former laws being expired gave
too great a liberty for exaction: This being therefore a very
popular Act, it was believed a Governor would not so far disoblige
the country as to reject it: and upon this view, the Party who
always have their eyes very quick to watch all advantages for
lessening the power of the Crown tack'd to this bill a clause for
altering the power which the King has thought fitt to grant the
Secretary of placing and displacing the County Court Clerks:
These Clerks (according to their scheme) were to hold their places
during the pleasure of the Justices of their respective Countys,
who might suspend them, and put others in their room, saving
only that the suspended Clerk had an appeal to the General
Court, but tho he might be restored by that Court, he was to have
none of the profites during the suspension. This bill thus framed
being sent up to the Council, it was surprizing to find so many
advocates for it among men sworne to defend the rights of the
Crown, and this extraordinary argument used for passing it,
That County Court Clerks being often chosen Burgesses, it gave
the Governor too great an interest, in that House over persons who
thus held their places during the pleasure of an officer of the King's
immediate appointment, and that therefore it was necessary to
transfer the dependance of these Clerks upon other masters.
An argument worthy of the King's Council; to deprive H.M. of
the service of all those who had any obligation to promote his
interest; and is the same in effect as was aim'd at, last Assembly
for excluding all officers out of the House of Burgesses. But tho
by this clause in the abovementioned bill they would thus have
abridged the power of the Crown, they hoped thereby to draw a
greater dependance on themselves as Judges of the General
Court since everyone who had the misfortune to be suspended by
a prevailing party in his Country Court, must ow his restoration
or ruin to the present sett of Councelors, and consequently must
depend more on their favour for keeping his office than on the
Governor and Secretary who first gave it him. But I having
very plainly declared that unless that clause was struck out, I
would not pass the bill, and that they must be answerable for
hindring the redress of the countrys only grievance, they thought
fitt at last to leave it out, and so the bill is past, to the great
satisfaction of the whole country: who tho they were earnest for
ascertaining the officers fees, never made the least mention in any
of their grievances of altering the power of appointing the clerks.
Some time last Fall the Post Master General of America having
thought fitt to endeavour the settling posts through Virginia and
Maryland (in the same manner as they are settled in the other
Plantations to the northward) in pursuance of the Act of Parliament of the 9th of Queen Anne, gave out commissions for that
purpose, and posts were accordingly established once a fourtnight
from Williamsburgh to Philadelphia and for the conveyance of
letters brought by sea through the several countys. In order
thereto the Post Master set up printed placarts (such as were
sent in by the Post Mrs. General of Great Britain) at ye several
ports requiring the delivery of all letters not excepted by the
Act of Parliament to his Deputys there. No sooner was this
noised abroad, but great clamour was raised against it. The
people were made believe that the Parliament could not lay any
tax (for so they call the rates of postage) on them without the
consent of the General Assembly. That besides all their letters
were exempted, because scarce any came in here but what some
way or other concerned Trade. That tho the masters of the
ships should for the reward of a penny a letter deliver them, yet
the Postmr. could demand no postage for the conveyance of them,
and abundance more to the same purpose as ridiculous as arrogant.
This gave a handle for framing some grievances to the Assembly
against this new office: and thereupon a bill is prepared and passd
both Council and Burgesses, which tho it acknowledges the Act
of Parliament to be in force here, doth effectually prevent its
being ever put in execution. The first clause imposes an obligation on the Post Master to which he is no ways bound by the Act
of Parliament. The 2d clause lays a penalty of no less than five
pounds for every letter he demands or takes from on board any
ship, wch. shal be deemed to be excepted by the Act of Parliament,
and the last clause appoints the stages and limits the time of
conveyance of all letters under an extravagant penalty. As it is
impossible for the Post Master to know whether the letters he
receives be excepted or not, and that according to the interpretation our Judges give of the Act of Parliament all letters senty
from any merchant whether it concern the merchandize on board
or not are within the exception of the law, the Post Master must
meddle with no letters at all or run the hazard of being ruined.
And the last clause of the bill besides its contradiction to the Act
of Parliament in appointing the stages wch. is expressly reserved
to the Post Mr. General according to instructions to be given him
by the Sovereign, is so great an impossibility to be complyed
with, that considering the difficulty of passing the many great
rivers, the Post Mr. will be under a penalty at 20s. for every letter
he receives during the whole winter season because he cannot
convey them in the time limited by this bill. From whence yor.
Lordps. may judge how well affected the major part of the
men are towards the collection of this branch of H.M. Revenue and
will therefore be pleased to acquitt me of any censure if I refuse
my assent to such a bill. To demonstrate further the inclination
of these Gentlemen towards the King's Prerogative. A bill being
brought in for altering the day for holding Courts in the County
of Northampton, was thrown out upon the third reading, purely
because there was in it a saving to the right of the King to alter
the said Court days upon the application of the Justices to the
Governor; Tho the same salvo has been inserted in other bills of
the like nature passd since my administration. And it is very
remarkable that the Burgesses read this bill twice and had it
engross'd, without objecting agt. this salvo, till by the Members
who spoke against it at last, it came to be discovered they had acted
contrary to the sentiments of their directions in the Council.
H.M. recommendation of the Indian Company's expences on the
publick service of this Government, has mett with the regard
which might be expected from men of such principles as compose
the leading party in both Houses of Assembly. The building
the Indian School, the maintaining the guard at Christanna, and
all the charge of repairing that fort, tho expressly enjoined by
the Act of Assembly to be performed by the late Company, are
now voted of no service to the country, and the charge thereof
raw to performe a service for
the publick in expectation of a benefite, and that benefite taken
away, without any compensation for what was laid out to purchase
it. And to render the whole proceedings of a peice, the Indian
hostages taken for securing the Peace of the Colony are ordered
to be sent back; the Indian Trade voted to want no regulation:
The Fort built for the defence of the frontiers resolved to be
slighted: The Tributary Indians who in complyance with their
Treaty, removed from a place of safety, to that Fort, purely to
strengthen the barrier of the inhabitants, are voted to be entitled
to no other protection than the other Tributarys (who refused to
performe their engagements). And that for this extraordinary
reason expressed in their votes, because these Indians were the only
Nation of the Tributarys who did comply with their Treatys.
Thus, my Lords, by the prevalency of a party, and their assiduity
in debauching the minds of weak and inconsiderate men, all
the measures which have been projected for the defence of the
country are now overturned; tho entered upon with the almost
unanimous concurrence of the Council and the approbation of
former Assemblys; the Christianizing of the Indians, which was in
so fair a way of being compass'd, defeated: the Kings authority
encroachd on, his interest thwarted and opposed, his recommendation slighted; and common justice denyed to those who have
laid out their estates for the publick service of the Government
and on the publick faith. And after all this undutifull behaviour
towards their Sovereign and neglect of the real interest of their
country, it will be no surprize to find a paralel usage of H.M.
Governor. When your Lordps. shal peruse my Speech and
Messages, I'm perswaded you will not find therein anything which
might give just occasion for their treating me with rudeness:
but it having been of use to the same party to give unreasonable
provocation to former Governors, and then to complain if any
resentment was showd thereof, the like means have been tryed
with me, but without the effect they expected from it. I will
not enter into the detail of the indecent behaviour of the House
of Burgesses, such as their rude speeches on sundry occasions,
insomuch as several of their own members have thought themselves obliged to call out for good manners; their sending their
Addresses and Messages, by such Members as were most notorious
for opposing the King's service, and for treating me with abusive
speeches in their House; and their addressing me to lay before
them an accot, of my journeys for the publick service of the
Government, and then making a doubt whether any of them were
of service, tho plainly set forth to them, to have been all undertaken by the advice and at the desire of the Council, and many of
them in pursuance of the acts and resolutions of former Assemblys.
As I knew all these steps were contrived to provoke me to a
return of the like treatment, I have disappointed them, by showing
an unconcern at all the little affronts they have offerred: But I
cannot think myself excusable should I forbear to let yor. Lordps.
know from what fountain those streams of disaffection proceed.
The eight Councelors who troubled yor. Lordps. with a remonstrance against the Courts of Oyer and Terminer are the very
persons who infuse into the people jealousys of H.M. Prerogative,
and of designs against their libertys, who influence the Burgesses
to encroach on H.M. rights, to oppose his service, and to slight
whatever comes recommended from the Crown: to distress the
Government by opposing all measures for the publick safety;
and to traduce the Governor as a publick enemy to the country,
and by these artifices keep up misunderstandings which otherwise would soon be removed and dissipated. I appeal to yor.
Lordps. whether any of the measures I have put in execution
here for the King's service, the advancement of his revenue or the
safety of the Government has ever been faulted by yor. Lordps.,
as unrighteous to the people of the country; On the contrary
yor. Lordps. Board have done me the honr. to signify your
approbation of most of them; Yet these are the grounds of these
Gentlemen's uneasiness. A Governor cannot contrive a surer way
of gaining their disfavour than by strictly pursuing his duty and
faithfully discharging his trust. Yor. Lordps. determination of
the dispute about the Courts of Oyer and Terminer remains deeply
rooted in their minds, and they have publickly declared at the
Council Board that tho they could not help acquiescing, they were
not convinced of the legality of that decision. Their behaviour
towards me, ever since, has been far from owning themselves in
the wrong in that controversy: When the minds of some of the
Council, heedlessly drawn into that dispute, began to waver,
on seing their pretensions condemned, and were thereupon willing
to return to a good correspondence with me, Mr. Blair and Mr.
Ludwell the chief engines of faction, found it necessary to keep up
their spirits by a new invention, craftily insinuating from a
paragraph of your Lordps. letter of the 30th of August, relating
to the Councels giving different opinions as Councelors and as the
Upper House of Assembly, that I had endeavoured to perswade yor.
Lordps. to take away the Councelors votes in the passing of laws.
An accusation which I'm sure yor. Lordps. will absolve me from.
This, however false, has kept the whole eight closely united, in
so much as my condescension to everything they could reasonably
desire in order to a perfect reconciliation of all differences;
an invitation to my house after they had slighted that reconciliation; and an entertainmt. there with all the freedom and
civility I could give; has not prevailed with any one of the eight
to make me the common complement of a visit: Nay when in
order to the solemnizing H.M. Birthday, I gave a publick
entertainment, to which all Gentlemen that would come were
freely admitted; These eight Councelors would neither come to
my house nor go to the play which was acted on that occasion:
but getting together all the turbulent and disaffected Burgesses,
had an entertainment of their own in the Burgesses House, and
invited all the mobb of the town to a bonefire where they were
plentifully supplyed with liquor to drink the same healths
without, as their masters drank within; which were chiefly those
of the Council and their associated Burgesses, without taking
any more notice of their Governor than if there had been none
upon the place. And as the whole proceedings of this Assembly
have been dictated by the Council, and most of their extraordinary resolves and messages drawn up by some of that Board,
I hope your Lordps. will not be offended, if I begg you will be
pleased to use your interest with H.M., to assign a Council to
assist his Governor in carrying on the publick service, since the
greater part of those he has, are become the advisers of the people
to oppose H.M. interest. If men who use their offices against their
duty were once divested of the power they enjoy by H.M. favour,
and which they imploy to do evil; Virginia would soon be a quiet
and peaceable country and your Lordps. would receive no more
complaints. This may be exemplifyed by the late removal of
some turbulent Councelors in New York and New Jersey, which
has rendered that Government easy and obedient ever since:
But in vain will H.M. change his Governors to silence factious
clamours in his Plantations while those who first raise them, retain
the same power to revive them again, whenever they find it
necessary for gratifying their passions or interests. In this country
the clamours and complaints of this very family, who now compose
the majority of the Council, have succeeded so well as to remove
two Governors already, while they themselves have kept their
places; So that their offices begin to be accounted for life, from
which no misdemeanor is capable of removing them. This gives
them great authority among the people, whose lives and estates
depend upon their judgements, and makes other Gentlemen
either cool in assisting the Government when they see men
continued in the post of Councelors to H.M., who deserve it so
little, or to judge that if preferment be the reward of opposing
Government they ought to pursue the same steps to arrive at
the same honour, etc., etc. I shal conclude with declaring my
dissent to that part of the Burgesses Address wch. petitions for a
revocation of H.M. Instruction, restraining the passing of laws;
for according to the disposition of the people in these Plantations,
the continuance of that Instruction, seems to me very necessary to
guard a Governor against the importunate sollicitations of
Plantation Assemblys in many matters not fitt to be granted them.
For my own part I could wish the passing of laws were more
restrained, for I'm perswaded the present Council here, would
gladly lay hold of any opportunity to promote popular bills, and
then to traduce me among the people, if I refused my assent without
express authority for my so doing. P.S. I send the old seal
of this Colony, defaced according to yr. Lordps. commands.
Signed, A. Spotswood. Endorsed, Recd. 4th, Read 7th Aug.,
1718. 14½ pp. Enclosed, |
|
568. i. Advice to the freeholders of the several countys in
Virginia in their choice of Representatives to serve in the
approaching Assembly. Having seen a rascaly paper
entd. advice to the Freeholders in favour of a Court
Party and tools of arbitrary power, to enslave and ruin
a freeborn people and ye best, profitablest, and most
peacefull Collony under the Crown of Great Brittain,
to prevent which I thought it may duty to let you into
the secret of the Court favourite party: you are to
know Brother Electors, that this Assembly is calld for
no other reason but to pay to ye Indian Company their
charges etc. on Fort Christanna etc. It will cost 100,000
lb. of tobacco yearly to maintain it, and for no other
end but to protect the Company's goods etc., etc. You
may remember how a former favourite Assembly had
like to ruin'd our Country and which is not yet recovered
nor ever will that mischievous land law, nor their
privelidges of making laws to raise money to ease the
levy by ye poll which we are now deprived of by that
darling favourite Assembly passing those laws agt. ye
law of England reason or justice which H.M. has been
graciously pleas'd to repeal, etc. Therefore be careful
how you chuse a favourite, one of ye Indian Compy.
which now goes by the name of Thomas Jones and
Company or one that makes his court to the
Governour etc. Endorsed as preceding. Copy. 2pp. |
|
568. ii. Speech of Lt. Governor Spotswood to the Assembly
of Virginia, 24th April, 1718. You have to dispose of the
greatest bank of money that ever was at one time in
the publick Treasury of Virginia, etc. Never was your
produce more in demand, or afforded larger returns;
never were taxes more moderate etc., and never did your
frontiers continue under a more perfect tranquillity,
with respect to the Indians than for these four years
past etc. Refers to the time when he restrained them
from making war, and to his journey to New York to
prevent the approach of the Indians of the Five Nations.
If the Assembly desires further measures are to be taken
to preserve those Indians' friendship, they will insist on
negotiations being carried on at Albany, and the
Assembly ought to pay the expences of the Governor's
journeys etc. Hopes to keep up a good understanding
with the Assembly, etc. Copy. 3 pp. |
|
568. iii. Address of the House of Burgesses of Virginia to Lt.
Governor Spotswood. Reply to preceding. Acknowledge the prudent conduct of the Government, and H.M.
care of their trade, etc. Same endorsement. Copy. 1¼ pp. |
|
568. iv. Address of the House of Burgesses of Virginia to the
King. Congratulate H.M. on the success of his arms
against the rebels etc., and return thanks for H.M.
"great care of the trade of our mother country, of
which wee tho verry remote feel the happy influence:
and do firmly believe the present flourishing condition
of this country is next to the Divine goodness owing
to the wisdom of your Majesty's Councils and glorious
administration" etc. We are humbly of opinion that
by the Order in Council 31st July, 1717, and your Royal
Instructions 27th Sept. last, your Majesty's subjects
may be deprived of the best means of raising a revenue,
let the emergency be never so great, till your Royal
pleasure be known therein, which may prove of dangerous
consequence to our future safety. Wherefore we most
humbly implore yor. Majesty that you will be graciously
pleas'd to allow us the liberty of making laws for ye
good and support of this Colony as formerly, it being
often needful laws should take place imediately and as
the dependance wee have on trade will always make
us cautious of laying unnecessary burthens upon it so the
negative with which your Gover. is vested may always
be an effectual barr thereto. Pray for H.M. Instruction
to the Governor that the Judges of the General Court
may be declared the only Justices of the Court of Oyer
and Terminer etc. Signed, Danll. McCarty, Speaker.
Same endorsement. Copy. 2½ pp. |
|
568. v. Instructions from the House of Burgesses to William
Byrd, Agent for Virginia. May 30, 1718. You are
desired to lay before H.M. the Address of the House of
Burgesses etc. The House send their Journal for your
perusal, and in case any misrepresentation should be
made of their proceedings you are to have regard to
their honour. Same endorsement. Copy. 1 p. [C.O.
5, 1318. Nos. 49, 49 i.–v.; and (without enclosures) 5,
1365. pp. 117–141.] |
| June 24. |
569. Accounts of the victualling of the garrison of Annapolis
Royal, 25th Dec., 1717,–24th June, 1718. 27 pp. [C.O. 217,
38. No. 3.] |
June 24.
Whitehall. |
570. Council of Trade and Plantations to Governor Hamilton.
We have lately had under our consideration all the Acts pass'd
in the Leeward Islands since the King's accession to the Throne
which had not been consider'd before by the Board and have made
observations upon some of them which we here inclose for your
information and direction; We take notice of one defect in the
private Acts of the Leeward Islands, which have been pass'd by
you that there is not a clause for saving the right of the King
his Heirs etc. according to the 20th Article of your Instructions,
and upon this occasion as well as from the observations we have
made upon some of the publick Acts pass'd by you, We think
ourselves oblig'd to admonish you to be very punctual in observing
the several Articles of your Instructions relating to the passing
of Laws, and to the transmitting of your particular observations
upon each law. We must further take notice of your not transmitting to us the Minutes of Council and Assembly of each
respective Island as you are directed to do by the 41st and 42nd
of your Instructions, the inclos'd list will shew you what Minutes
of Council and Assembly and other publick papers are wanting.
Acknowledge letters of 8th Feb. and 15th March. Continue:—We have under consideration what relates to the suspension of
Col. Morris from the Council and shall give you notice when any
determination is had thereupon. We have been inform'd that
there are some vacancies in the Council of St. Christopher etc.
(v. 19th June), but as we have not had any notice from you of
those vacancies, we have not as yet done anything towards filling
them up, but we must observe to you that it is necessary you
should give us timely notice as often as such vacancies happen.
We have laid before H.M. the account you sent us of the attack
of the Spaniards on Crabb Island, whereupon directions have been
sent to H.M. Minister at Madrid to make the proper application
to that Court upon that matter. We have also represented your
complaint of want of ships of war for the guard of your Islands,
and we have communicated to the Lords of the Treasury what
you write in relation to the inhabitants of Anguilla, Spanish Town
and Tortola, and are in hopes that speedy orders will be given
thereupon. The Commissioners of H.M. Customs having desir'd
to have notice from us before any more places are appointed in
Antegoa for collecting the duty of 4½ p. ct., we must desire you to
take care that no such places are appointed before you have sent
us notice and have receiv'd an answer from hence thereupon. It
being for H.M. service that we be at all times acquainted with the
absence of Councillors from their posts in the Plantations, we desire
that whenever you give leave to any Member of H.M. Councils in your
Government to be absent from his post, that such leave be under
your hand and seal, and that you forth with transmit to us a copy of
such licence of leave as also an account when such Councillor
departed your Government, and to what place he is gone. Annexed, |
|
570. i. Observations upon (a) Acts of Nevis (v. preceding).
(i.) An Act to settle the estate of Thomas Herbert (1715).
Confirm'd. There is a saving clause for the right of all
persons whatsoever except those named in the Act but
no mention specially of the King his Heirs and Successrs.
(ii.) Act for the good Govt. of negroes and other slaves.
Reported for confirmation (1717). (iii.) Act for laying a
duty on french sugars, rum and molosses (1717). To lye
probationary. |
|
(b) Act of Mountserrat, to repeal the Act entitled the Six
pound Act. The title of the Act repealed is not truly
recited, it being an Act empowering Justices of the
Peace to decide differences not exceeding six pounds.
This is contrary to the 19th Article of the Governor's
Instructions etc. |
|
(c) Acts of St. Christophers, (i.) An act to ascertain
the bounds of possessions in the late French ground (1715).
With this Act ought to have been transmitted the survey
made in consequence of it. (ii.) Act for the settlement
of the Militia (1715). This Act in some places is not
clearly worded. (iii.) Act for laying a duty on sugars
exported to any other Island in this government for the use
of the fortifications (1715). Expires in 1720. To lye by
probationary. (iv.) An Act for regulating and appointing
the fees of the several Offices and Courts (1716). To lye
by probationary. (v.) An Act for raising a levy to
discharge the publick debts (1716). Expir'd. |
|
(d) Acts of Antego. (i.) An Act for raising 5 p.c. on dry
goods and laying an additional duty on wines imported
(1715). Expired in 1716. Instead of the oath to be taken
by this Act to prove in certain cases that the duties
were paid, it would have been more proper that a
certificate from the Officer who receiv'd the payment
should be produc'd for that purpose. The duty of 5 p.c.
impos'd by this Act on all dry goods affects all British
manufactures and therefore the Governor should not
have given his assent to this Act. (ii.). An Act to lay a
duty on foreign sugars, rums etc. (1715.) Repealed by an
Act of 1716. This Act is liable to objections because
(a) any master of a ship that shall land any of the goods
tax'd by this Act etc. without paying the duty or making
due entries shall suffer 6 months close imprisonment
without bail or mainprize, which penalty is too severe;
(b) each vessel importing any of the said goods, landed
or put on board any other vessel without duty paid or
due entry made, shall on proof thereof by oath of one
witness in the Court of Admiralty be condemn'd and
forfeited; (c) This Act extends to all sugars imported
from any neighbouring Island belonging to H.M.
Dominions in order to be sent from thence to Great
Britain; (d) The clause empowering Comissrs. to tax
traders according to the profits of their trade is too
arbitrary, (iii.) An Act for raising a tax of £12,000 for
defraying publick debts and charges (1716). Has had
its effect. The clause impowering the Treasurer to sue
for bonds is so odly worded that it seems to be perpetual,
tho' the Act itself is only temporary. (iv.) An Act for
laying an additional duty on wines etc. Expired 1717.
(v.) An Act for raising a tax of £13,000 and to defray
the publick debts and charges. In this and all other
mony bills mention is not made that the mony thereby
granted is given to H.M. his Heirs and Successors for the
public use of the Island as directed by the 25th Art. of
Instructions. Nor is the mony rais'd by those Acts
payable by warrant or order of the Govt or Commander
in Chief only as directed by Art. 35. (vi.) An Act to
revive an Act for laying a duty of powder on trading
vessels (1715). Expired in 1716. (vii.) Similar Act,
1716. Expired in 1717. The act reviv'd by these Acts
is not in the Office tho' mention'd to be pass'd in the
first year of the King's reign, a copy to be sent by the
first opportunity. (viii.) An Act to encourage the
importation of white servants. This Act is ordered to lye
by probationary notwithstanding the following objections
to it, and therefore the Govt. must take care to get
another Act pass'd not lyable to those objections. A
servant on his Master's refusing him a certificate of
his freedom has not due relief, and is not to be taken by
another master in less than 12 months after leaving the
first, some provision shou'd be made that on the Master's
refusing the certificate, the servant may have it from a
Justice of the Peace, and that the fine payable by the
Master for refusing it, should be for the servant to find
him a gun as requir'd by this Act. The £10 fine which
is to be paid by a master for every servant wanting of
the number requir'd by this Act should be apply'd to the
supplying that want in the Militia. (ix.) An Act for
erecting a new Church in St. Johns in room of the present
Parochial Church etc. To lye by probationary. (x.)
An Act for constituting a Court Merchant. (1717). To lye
by probationary. (xi.) An Act to indemnify Antho.
Brown etc. There is a petition against this Act of which
a copy has been given to the Agent that he may make
an answer thereunto. [C.O. 153, 13. pp. 319–328.] |
| June 24. |
571. Office Expenses of the Board of Trade, March 25–June
24th, 1718. v. Journal of Council. [C.O. 388, 77. Nos. 47,
50, 53.] |
| June 25. |
572. Mr. West to the Council of Trade and Plantations.
Report upon Act of Barbados to impower licentiate lawyers
to practise as barristers in the said Island (1715). By which law
it is enacted that every person licensed by the Governour shall
be authorized to practice the law as fully as if he were a regular
barrister. The Committee of Correspondence (v. 2nd May) urge
(i.) that it had been the custom, and such custom had never been
attended by any evill consequences, (ii.) that the custom had
been approved by the Crown, by the appointment of such
licentiates to act as Attorneys and Sollicitors Generall in the sd.
Island, (iii.) that the Island was lyable to several inconveniences
from there not being a sufficient number of barristers. I have
also been attended by Mr. Walker (v. 9th May) and other gentlemen who opposed the Act's being passed into law, who replied
that the custom arose from necessity, which no longer exists, and
that their not having a sufficient number of barristers is owing to
their permitting licentiates to practice. I beg leave to observe
that the ignorance of the Brittish laws does naturally tend to
weaken that connection and union wch. ought to be kept up
between the Mother Countrey and the Colonie and English
Gentlemen regularly called to the Bar will have but little
incouragement to venture abroad when they see a perpetuall
establishment of licentiates in that Island. Other Colonies may
be induced to obtain the like law, which as it will leave them little
or no reason to send their sons to be educated here in England will
naturally alienate them from the knowledge and love of the Laws
of Great Britain. There are no qualificacons whatsoever relateing either to oaths or religion prescribed by the Act in order to
obtain such licence. But is wholly left to the arbitrary disposicon
of the Governour who is enabled to permitt even his footman or
his black to practice as a barrister. And since the Governour
has no particular power by his Instruccons to grant such licenses
I believe yor. Lordpps. will think it more for ye honour of ye
Prerogative that in case there should be any deficiency of barristers
in the Island they should be oblidged to apply for licences at home.
However I cannot but own that it would be a hardship to take
away the priviledge of practiceing from those who have applyed
themselves to the Law in that Island and have already been
bona fide licenced. Therefore I am of opinion that the law should
not be wholly rejected but ordered to lye by. And I hope yor.
Lordships will think proper to write to the Governor not to
grant any such licenses for the future. Signed, Richd. West.
Endorsed, Recd. 25th June, Read 10th July, 1718. 2¾ pp. [C.O.
28, 15. No. 34; and 29, 13. pp. 467–470.] |
June 25.
Whitehall. |
573. Council of Trade and Plantations to the King.
Recommend appointment of John Gamble to the Council of
Antego, as proposed by Governor Hamilton. [C.O. 153, 13.
p. 328.] |
June 25.
Whitehall. |
574. Mr. Secretary Craggs to Governor Hamilton. It having
been represented to the King that William Mathew, John Davis,
John Bourryau, Joseph Estridge, Jno. Willet, George Lyddell,
Charles Rowland, Charles Payne, Gillies McArthur, Clement
Crooke, John Greathead, Timothy Hore, John Williams, Peter
Soulegre, Main, Swete, Thomas Bridgewater Esqrs., Mr. Peter
Thomas, Mr. Benjamin Markham, Mr. Nathanael Payne, Mr.
John Orton, Mr. Augustus Boyd, Mr. Peter Gignilliat, Mr.
Benjamin Clifton, Mr. Humphrey Shepherd, Mr. Paul Brisac, Mr.
George Taylour, Mr. John Johnson, the Revd. Mr. Danl.
Burchall, Mrs. Louise Mathew als. Burt, Mrs. Sarah Browne,
Mrs. Elizabeth Davis and Stephen Pelissier having had grants
for lands in the Island of St. Christophers, they have by themselves
or undertenants manured great part thereof, built boyling
houses, and other works for sugar making, and been at great
expence and charge, whereby the produce of that Island and the
settlement thereof has been very greatly improved, and H.M.
Revenue of Customs thereby considerably augmented, and they
praying to be continued in the peaceable possession of the said
lands; H.M. being not yet come to a resolution in what manner to
dispose of his lands in that Island, has commanded me to signifie
his pleasure to you, that all the persons abovenamed do remain
in the quiet enjoyment of the lands granted to them, by grants
not expired the 25th Dec., 1717, till H.M. shall think fit how to
dispose of that part of St. Christophers, which was the French
settlement, under the like conditions, as they have hitherto
held the lands, and in case you have already given any grants to
dispossess such persons, H.M. further pleasure is, that you do
recall the same. P.S. I add this postscript to explain the
above written command of H.M., whose intention only is, that
the persons therein mentioned, may be maintained in the quiet
possession of the lands they now enjoy in St. Christophers, till
H.M. further pleasure shall be known, there appearing as yet no
reason to H.M. why these persons should not be preferred to any
others whatsoever, for holding the said lands on the foot they
are at present granted. [C.O. 324, 33. pp. 166, 167.] |
June 26.
Boston. |
575. Governor Shute to the Council of Trade and Plantations.
I had the favour of your Lordships letter dated on the 4th of
March and have sent the numbers of the Militia of both Provinces
as also the tryal of the pirates who were tryed here by the power
invested in me and other persons mentioned in the 34th Article of
my Instructions; And had also the opinion of the Judge of the
Court of Admiralty at home. The King's gracious Proclamation
has not produced the hoped for effects; for the pirates still
continue to rove on these seas; and if a sufficient force is not sent
to drive them off our Trade must stop. I have received lately
complaints, that the French at Cape Breton fish upon our coast
by the Gutt of Cancer and have made hutts there which is contrary
to the Articles of Peace and am sending the Squirrel man of war
to inquire into the truth of it that so the Fishery of H.M. subjects
may be maintained, and have writ to the Governour of Cape
Breton, that I do expect, that he does immediately order the
French under his command to pull down their hutts and also not
to fish any more on yt. shoar. The accompts of the 3 yrs. export
from the Western and Maders Islands I sent yr. Lordps. in
January last by Mr. Keys the Collector of Rhoad Island who
promised me to deliver them to the Honble. Board. The other
Articles in yr. Lordps. last letter shall be answered by the next
ship. Signed, Samll. Shute. Endorsed, Recd. 4th, Read 5th
Aug., 1718. 1 p. Enclosed, |
|
575. i. The Trials of Eight Persons Indited for Piracy etc.
held in Boston, 18th Oct., 1717, with their confessions
etc., Simon van Vorst, John Brown, Thomas Baker,
Hendrick Quintor, Peter Cornelius Hoof, John Shuan,
Thomas South and Thomas Davis. The last two
acquitted, the rest found guilty. Boston. Printed
by B. Green, for John Edwards, and sold at his shop
in King's Street. 1718. Endorsed as preceding. 25 pp. |
|
575. ii. List of the militia of the Massachusetts Bay. Total,
14,925. 1 p. |
|
575. iii. List of the Militia of New Hampshire. Total of 1st
Regiment, 749. Numbers of 2nd Regiment missing.
Endorsed as covering letter. 1 p. [C.O. 5, 867. Nos.
4, 4 i.–iii.; and (without enclosures) 5, 915. pp. 177–179.] |
June 26.
Whitehall. |
576. Mr. Popple to Mr. Barrington. Reply to 23rd June.
There is at present no vacancy in the Council of Angtegoa, but the
Council of Trade and Plantations have order'd Mr. Yeamans to
be minuted down as recommended by you etc. [C.O. 153, 13.
p. 333.] |
June 26.
Whitehall. |
577. Mr. Popple to Mr. West. Encloses for his opinion thereon,
Act of New York for paying several debts etc. and papers relating
thereto. "These papers being originals, I am to desire you to
return them." [C.O. 5, 1124. pp. 28, 29.] |
| June 27. |
578. Mr. Philips to Mr. Popple. Encloses following to be
laid before the Board. Signed, A. Philips. Endorsed, Recd.
27th June, 1718, Read 16th Aug., 1720. 1 p. Enclosed, |
|
578. i. Col. Schuyler to Governor Hunter. Albany, Feb. 5,
1717/18. The Comrs. of Indian affairs have exactly complyd
with yr. last orders relateing to the Indians, who are
very quiett and well satisfyd etc. I am extreamly well
pleased to hear yr. Excellcy. had passed the Debt Bill
etc. I was extreamly surprized to hear of Col.
Lodowicks appeareing with Mulford in any attempts
against yr. Excy. but much more when I heard he made
so unwarranted and so unjust a use of my name, to
charge yr. Excy. with ill usuage of me, and to found the
Indians discontent and the Carolina warr on so base a
falshood etc. The reason of that warr I leave to the
consideration of their own government, but that it was
not more easily or sooner ended I must impute to their
not knowing the nature of our Indians, or their despiseing
them; The Five Nations offering in a late proposition to
yr. Excy. (Capt. Smith the Agent from Virginia being
prsent) to enterpose and become arbitrators betwen
them and the Indian enimy, and to meet their Agents
here (the setld place of their meetings), but this government know by chargeable experience that they are not
to be applyd to without presents being their own way
of makeing propositions, and it is more then 25 years
past since ye Governmt. of Virginea thought it worth their
while, to be at such expence, whilest this Government
being the frontieers of all H.M. settlements on the main,
beares the whole burthen and expence of the Indians;
and how depicable soever the Five Nations of Indians
may appear in the eyes of those other Governments I
can't but be of opinion that they are highly serviceable
to H.M. interest and in a great measure the ballance of
North America: and whilest I have any interest amongst
them, shall allways improve it for H.M. service etc.
Acknowledges H.E.'s extraordinary respect and friendship
etc. Signed, Pr. Schuyler. Addressed. 1½ pp. [C.O.
5, 1052. ff. 32–35.] |
June 30.
Whitehall. |
579. Mr. Secretary Craggs to the Governor of the Leeward
Islands. Monsr. Chammorel Secry. to the Embassy of France
having presented a Memorial to the King on a complaint made
by Pierre Sales a merchant of Martinico against the Officers of
the Revenue in Antigoa for having extorted from him a security
for 20,000 livres tournois without any just pretence for so doing:
I am commanded by H.M. to enclose to you a copy of the said
Memorial, that you may enquire into the truth of the allegations,
and accordingly that you either give effectual orders for redressing
the grievance complained of, or transmit to me a satisfactory
answer to the said Memorial. Signed, J. Craggs. Annexed, |
|
579. i. M. Chammorel to the King. Memorial described in
preceding, but stateing the amount of the security as
200,000 1. tournois etc. French. Copy. [C.O. 324, 33.
pp. 167–170.] |
