|
July 1.
Whitehall. |
580. Council of Trade and Plantations to Mr. Secretary
Craggs. We have this morning receiv'd a lr. from Colo. Bennet,
dated 31st May last, relating to the increase of pirates in those
parts and informing us that sevl. who had surrendered are gone
out again because the Govrs. were not impowerd to pardon them,
and giving us an accot. of the weak condition of the Bermuda
Islands. Tho' we are apt to beleive from this letter you will
receive the like information, yet as this is a matter of such great
importance to the Trade and Navigation of this Kingdom and to
the security of the Plants., we think our selves obliged to transmit you a copy of the said lr., with our opinion that the Commissions not only for trying but for pardoning the pirates also be
immediately dispatched as we proposed by our former letters
to you on this subject. You will perceive by ye enclosed that
some of the pirates who have surrendred had committed acts of
piracy since the time prefixed for their surrender by H.M.
Proclamation, and therefore we should be glad to receive H.M.
Orders in this particular for the better conduct of all Governors
in such cases as may deserve compassion. [C.O. 38, 7. pp. 343,
344.] |
| July 1. |
581. Mr. West to the Council of Trade and Plantations.
I have no objection to the Act of Antigua to enable Arthur Freeman
etc., there being in the sd. Act all the clauses for the saveing the
rights of ye. Crown as are requisite in a private Act etc. Signed,
Richd. West. Endorsed, Recd. 2nd, Read 11th July, 1718. ¾ p.
[C.O. 152, 12. No. 103; and 153, 13. p. 346.]. |
July 1.
Whitehall. |
582. Council of Trade and Plantations to Mr. Secretary
Craggs. Enclose letters received from Governor Hamilton
relating to the Danes at St. Johns and the Spaniards at Crab Island
(v. April 10th), "that H.M. pleasure thereon may be signified by the
first opportunity to Genl. Hamilton, who has done already on
that occasion as much as he is warranted to do by his Instructions."
(Art. 99 and 106 enclosed). Wee think it proper to observe to
you, that this Board did, by a Representation to H.M. of 9th
Aug., 1717, fully set forth H.M. right of sovereignty to the Virgin
Islands in answer to a Memorial presented by the Danish Envoy,
and that it has been the constant opinion of this Board that the
settlement of foreigners on any of those Islands may prove of
ill consequence to the neighbouring Islands inhabited by H.M.
subjects. Autograph signatures. 1¾ pp. Enclosed, |
|
582. i.–viii. Copies of enclosures, C.S.P., April 10th, Nos.
i.–iii., Nos. 526 i–v. |
|
582. ix. Copy of Governor Hamilton's Instructions, Articles
99 and 106, not to permit foreigners to settle on the
Virgin Islands etc. [C.O. 314, 1. Nos. 2, 2 i.–ix.; and
(without enclosures) 153, 13. pp. 338, 340.] |
July 1.
Kensington. |
583. Order of King in Council. Appointing John Gamble
to the Council of Antigua (v. 25th June). Signed, Robert Hales.
Endorsed, Recd., Read 24th July, 1718. 1 p. [C.O. 152, 12.
No. 107.] |
July 1.
Kensington. |
584. Order of King in Council. Repealing Act of Antigua
to prevent the increase of Papists etc. Signed and endorsed as
preceding. 1¼ pp. [C.O. 152, 12. No. 108.] |
July 1.
Kensington. |
585. Order of King in Council. Confirming Act of Nevis
for the good government of negroes etc. Signed and endorsed as
preceding. 1½ pp. [C.O. 152, 12. No. 109.] |
| [July 1.] |
586. Joshua Gee, one of the mortgagees concern'd for the
Province of Pensilvania in behalf of the Proprietor and the rest
of the mortgagees, to the Council of Trade and Plantations.
Reply to anonymous letters of 26th and 28th April. (i.) The laws
complain'd off to have been enacted about six years agoe, were
at least a great part of them made within this three years. The
Lords of Trade cannot take it amisse if some of those laws have
lain neglected longer than ordinary considering that the Proprietor
by his distemper is rendred incapable of businesse. The mortgagees were in a manner perfect strangers to these affairs those
laws not passing thro' their hands etc. Respondent will take care
the said laws shall be transmitted to the Lords of Trade with
reasons upon which they are founded etc. (ii.) The Assembly
have done nothing more in relation to the fines save only
appropriating them towards the support of Government etc.
If the Lords of Trade shall find reason upon a perusall of those
laws to be of opinion that the Assembly have unadvisedly enacted
contrary to the Proprietor's agreement, they can easily apply a
negative and thereby hinder the agreemt. from being broke
through. It being both the desire and interest as well of the said
Proprietor as of the said Mortgagees to preserve that agreemt.
intire. It is not true that either the power or profitt of licensing
publick houses is taken away from the Govt., but he may as
formerly grant licenses to such persons as are recommended by
the Justices of the Peace, and receives to his own use the accustomed
proffits, etc. Signed, Joshua Gee. Endorsed, Recd. 1st, Read
4th July, 1718. 6 pp. [C.O. 5, 1265. No. 104.] |
July 1.
Kensington. |
587. Order of King in Council. Referring report of the
Council of Trade and Plantations upon Sir Robert Montgomery's
proposall (v. 9th April), to the Lords of the Committee of the
Privy Council for their report thereupon. Signed, Robert Hales.
Endorsed, Recd., Read 24th July, 1718. 1 p. [C.O. 5, 1265.
No. 105; and (signed Edward Southwell, and enclosing duplicates
of 9th April. 4 pp.) 5, 383. Nos. 2, 2 i.] |
July 1.
Virginia. |
588. Lt. Governor Sportswood to Governor the Earl of
Orkney. Refers to differences with the Council etc. Continues:—The success these men have had, by their further underhand
dealings to possess your Lordship with a belief of my haughty
and implacable temper, induces me to send so particular a relation
of the steps made to a reconciliation (enclosed). But I have little
hopes of compassing the same while the party looks upon themselves to be so formidable. They know that they have now
lodg'd wholly in their hands that power which Absalom wanted
for effectually securing the people in his interests, when he long'd
to be the Judge of every man's cause. They have Mr. Blair for
a staunch Achitophel in all conspiracies against Governors who
will take upon him the whole drudgery of forming their letters,
memorials etc. Nay and they know he will not be overscrupulous
of swearing to them. They boast that by his influence they shall
keep your Lordships from acting strenuously in my behalf while
they are confident Mr. Byrd will leave no stone unturn'd to
prejudice me. But in short the main obstacle to an accommodation is this; These Councillors in their anger about the Oyer and
Terminer Courts have leagu'd themselves with all the turbulent
opposers of Government whom they observ'd to have interest
with the populace to be elected for Burgesses, and they cannot
now accept of a reconciliation with me, without a breach of their
union with them. Thus my Lord I am come to be divested of
the Council H.M. had given me etc., who to gratify their spleen
do openly side with the most notorious opponents of the King's
prerogative and now continually cabal with those very men of
whom they us'd to give vile characters, and whom they formerly
advis'd me to remove from all places of trust for their evil
behaviour. It was surprizing to see how barefacedly these
Councillors proceeded in their extravagant measures; Ludwell's
house (wch. is close in sight of mine) was the common rendezvous
of the disaffected Burgesses, and the Commissary continually in
their consultations, and it was remark'd that after a grand meeting
there, many scurrilous and reflecting speeches were next day made
in the lower House. Nor has any member shewn himself more
violent against me than the Commissaries own brother, whose
Billingsgate expressions with regard to me on several occasions I
shall not offend your Lordships ears with etc. Refers to enclosures
etc. Continues:— Here is a powerful knot of relations in the
Council, who by their possession of the Judicature have gain'd
a mighty influence over the Legislature, and the people begin to
strive rather for their good graces than for those of a Governor,
and if they obtain another victory in the turning out a third
Governor, the country will be persuaded that they hold their
places for life and the Governor his only during their pleasure.
And such a notion will make their party so formidable that all
men here, even the Govt. himself must truckle to them and not
dare to lay before the Ministry at home the truth of occurrences
or the real state of his Government, if there be ought in the
account that touches one of this patent family, who have often
been compar'd to a nest of wasps in this particular, that if you
but offend one of them you immediately draw the whole swarm
about your ears. Eight years experience has taught me to know
the men, and I do now in my conscience declare that I take them
to be false to the interest of the Crown, and very much disaffected
to that of Great Britain. And as I am sufficiently convinc'd
that there is nothing they will boggle at to prejudice the man who
will not concur in the measures they happen to be bent upon, so
I firmly believe that they wou'd not stick to overturn the Government by such another Rebellion as Bacon's to get rid of a Governor
who may have penetration and resolution enough to discover and
withstand their sinister designs: And some people who were
witness to their management of the mob on the last Birthday
apprehended they were then going to begin such a sort of work.
This growing mischief may as yet easily receive a check, by
removing from Council three or four of the most turbulent spirits
(vizt. Blair, Ludwell, Smith and Byrd) and putting in their
rooms others of more peaceable and loyal principles (vizt. Peter
Beverley, Cole Diggs, John Robinson and Edward Hill). Nor is
there wanting at this juncture a just pretence for so doing, seeing
I am become destitute of a Council that I may confide in, by the
defection of eight or nine of the present Board, who are turn'd
Councillors, and one of them constituted Agent to the House of
Burgesses. Such a proceeding effectually reduc'd the Government of New York to peace and quietness and enabled Mr.
Hunter to bring his people into reasonable measures; And I
hope Virginia's Governor is not always to be sacrific'd right or
wrong to the humour of one Family, but that the Ministry will
seriously reflect on the danger of suffering in this remote
part of H.M. Dominions, a Juncto of Relations to grow to
that height of power as to bear an uncontroulable sway over
both Govr. and people here, etc. Signed, A. Spotswood.
Endorsed, Recd. 24th March, Read 8th April, 1719. Copy.
4½ pp. Enclosed, |
|
588. i. A narrative of the steps and proposals made during the
Session of Assembly for accommodating our differences.
April 24th. Lt. Governor Spotswood describes negotiations with Mr. Robertson and Col. Harrison towards a
reconciliation between himself and the Council. He
proposed as the only terms that they should behave
themselves for the furture with decent good manners
towards himself as Governor, and offered to constitute
no other Judges of Oyer and Terminer than the members
of Council, provided they would acknowledge the King
could grant a power to make other Judges to those
Courts exclusive of them, and would declare they
acquiesced in the determination of the Lords of Trade,
and the opinion of the Attorney General, and that then
he would withhold his replies exposing them and Mr.
Byrd. The Council, after some delay, submitted
proposals for the Governor to subscribe acknowledging
himself to have been in the wrong, to lay aside all
attempts of innovations on the Constitution, to forbear
all terms of reproach in common conversation etc.
After further futile negotiations through Col. Page,
the Governor invited the Council to his house to
discuss a bowl of arrack punch, and endeavoured
to pledge them to peace and union, but without
result etc. Signed, A.S. Endorsed, Recd. from the
E. of Orkney, 24th March, Read 8th April, 1719.
13½ pp. |
|
588. ii. (a) Memorandum delivered by Col. Harrison to Lt.
Governor Spots wood, 9th May, 1718. I have discoursed
the Gentlemen of the Council as to a reconciliation etc.,
but find them so startled at the Governor's conduct in
the meantime, particularly at the meeting of the
Governors of the Colledge and likewise at his exposing
the late officers of the Revenue in Council etc., that
they propose the following terms for a lasting friendship.
(i.) That all attempts at innovation on the Constitution
may be laid aside, and their privileges preserved,
(ii.) all terms of reproach be forborn, (iii.) all former
misunderstandings laid aside, and mutual letters to the
Council of Trade written to that purpose, (iv.) these
terms to be given in writing. |
|
(b) Extracts from the Governor's Speach and the
reply of the Burgesses refusing to make him any allowance for his journeys of 5020 miles on the country's
service. 16th May, 1718. Same endorsement. 3¾ pp.
[C.O. 5, 1318. Nos. 57, 57 i., ii.] |
July 1.
Kensington. |
589. Order of King in Council. Approving of Representation
of Feb. 9th, and ordering warrants to be prepared for passing
under the Great Seal Commissions empowering the Governors of
Plantations to pardon all such pirates as shall have surrendred
themselves according to the Proclamation in that behalf etc.
Signed, Robert Hales. Endorsed, Recd., Read 24th July, 1718.
1¼ pp. [C.O. 323, 7. No. 130; and 324, 10. pp. 201, 202.] |
July 1.
Kensington. |
590. Order of King in Council. Referring report of Council
of Trade and Plantations (April 9) upon the proposal of Sir R.
Montgomery to the Committee of the Privy Council for their
report. Signed, Edward Southwell. 4 pp. Enclosed, |
|
590. i. Copy of No. 493. [C.O. 5, 383. Nos. 2, 2 i.] |
July 3.
Whitehall. |
591. Mr. Secretary Craggs to the Council of Trade and
Plantations. Encloses following for their report. Signed, J.
Craggs. Endorsed, Recd. 7th, Read 8th July, 1718. ¾ p.
Enclosed, |
|
591. i. M. Chammorel, Secretary of the French Embassy, to
the King. March 1½, 1717/18. Prays that orders may be
sent to the Governor and Council of Jamaica to see that
justice be done to M. Bonfils etc. Signed, Chammorel.
Copy. French. 1 p. |
|
591. ii. Memorial of Messrs. Bonfils et Frers, French merchants
of La Rochelle. Their ship L'aimable Marie, Capt.
Escoubet, sailed from La Rochelle 23rd Oct., 1714, for
Cuba. After having unloaded part of her cargo at St.
Dominique, she was seized by 5 sloops from Jamaica,
in the port of Bayouda near the Havanna, where she
had put in for wood and water. The English captains
(Henry Jennings, Saml. Tiddell or Lydell, James
Carnagy, Ashwood or Ashworth, and Leigh) held a
commission from Governor Lord A. Hamilton, of 21st
Nov., to salve among the wrecks of the Flotilla in the
Gulf of Mexico. They compelled Capt. Escoubet to
sign a letter to Governor Hamilton to the effect that
they had taken the ship under agreement with him to
pay him a certain sum for the time they kept her. They
took her to the island of Providence. Her cargo was
worth 250,000 livres tournois. They divided 30,000
piastres amongst themselves and the remainder of the
cargo they put aboard the sloop Dauphin, which they
sent with the ship to Port Royal, Jamaica. Governor
Hamilton, upon information given by an officer of the
French ship, sent 4 soldiers on board the sloop to guard
the cargo, but the following night several masked men
overpowered the soldiers and carried off all the merchandize. Two of these persons having been discovered and
put in prison gave bond for £10,000 sterl. by order of
the Council of Jamaica, which also ordered the ship to
be restored to the proprietors in the state it was after
having been completely plundered. It was sold by
public auction for 4000 livres tournois, tho it cost at
leaving La Rochelle 50,000. They also ordered the
restitution of 1400 ounces of silver proved to have been
part of her cargo. By a Minute of 22nd Sept., 1716,
the Council declared that they could do no more without
H.M. express directions to prosecute the sureties of
the 5 captains. The Due d'Orleans has instructed us
to refer to the Minister of France who is to request H.M.
to give orders accordingly, and for the prosection of
Daniel Axtell, Gaspard Ashwood Bendish and John
Warner the prisoners referred to above, and of all others
found gulity hereafter. Signed, Bonfils. Copy. French.
4½ pp. [C.O. 137, 13. Nos. 9, 9 i., ii.; and (without
enclosures) 138, 16. p. 115.] |
| [July 3.] |
592. Jeremy Dummer to the Council of Trade and Plantations.
Being inform'd that H.M. has appointed a new Surveyor of the
woods of North America, and that the gentleman does not intend
to execute his commission in person; I humble submit it to your
Lordpps. whether it would not be for H.M. service that the
Governour of New England be charg'd with the care of the King's
woods. In what manner this is to be done, whether by making
the Governour Controller over the Surveyour and his Deputy, or
Deputies, or in any other way, your Lordpps. are the best judges.
Signed, Jer. Dummer. Endorsed, Recd. 3rd, Read 4th July, 1718.
½ p. [C.O. 5, 866. No. 169; and 5, 915. pp. 158, 159.] |
| July 3. |
593. Mr. Secretary Craggs to the Council of Trade and
Plantations. Encloses following reply to Representation of Aug.
9th, 1717. "As to the settlement of the Danes on the Island
of St. John" (v. 10th April, 6th May, 1st July), "H.M. pleasure is,
that your Lops, should take the state of that matter into your
consideration, and report what is proper for H.M. to do therein."
Signed, J. Craggs. Endorsed, Recd., Read 4th July, 1718. 1 p.
Enclosed, |
|
593. i. Memorial by Baron de Sohlenthal, the Danish Envoy,
in reply to the Representation of the Council of Trade
and Plantations of 9th Aug., 1717, relating to the Island
of St. Thomas and other little islands about it, communicated by Mr. Secretary Addison. London, 24th March,
1718. (i.) The order given Sept. 23rd, 1672, to Governor
Stapleton "that you should exercise every mark of
friendship towards all the inhabitants of the said Island
of St. Thomas, and all other the subjects of the King
of Denmark in the West Indies" must necessarily apply
to the subjects of his Danish Majesty in the other
Islands, since if one had meant thereby the Danish
subjects who might be met with at sea, as the abovementioned representation (Aug. 9th, 1717) explains it, it
would have been necessary to say, the subjects who trade
in the West Indies, because in the said Order there is no
mention or reservation made touching the pretentions
which the English since that time have begun to
form to the said Islands belonging to the Crown of
Denmark, as do those of St. John and Crab. (ii.) There
is great reason to believe that these pretentions were
only formed in the time of Col. Stapleton, who one sees
clearly was hostile to the Governor of St. Thomas, upon
the false representations he made, whether through
hatred or false reports. And as the Danish Company of
the West Indies has never had the least knowledge of
what the said Stapleton advanced against the Governor
of St. Thomas, as if he were a bad neighbour and
protected pirates, one can the less credit it, since the
Company has not failed always to give the necessary
orders to its servants to observe exactly the Conventions
and Neutrality, and not to meddle with any forbidden
trade, so that if this Governor had dared to trade with
pirates, he would have undergone severe punishment,
as acting contrary to the Law of Nations and against
the order of the Company, which has never designed to
do anything to the prejudice of the English Nation,
whence it is rather to be presumed, that if anything
occurred, it was practised by others, under the Danish
name, and imputed to the Colonies of this Nation by
their enemies. (iii.) That which is drawn from the report
made to His Britannic Majesty in the month of May, 1688,
touching the right of sovereignty (droit de primauté) of the
King of Great Britain over Crab Island as well as over
the other Virgin or Caribbee Islands, cannot be alleged
against the Crown of Denmark, which took possession
of them first, as is clearly proved by the Commissions
found there [qui y ont été trouvées] several years before,
and by the opposition made from time to time against
those who wished to establish themselves there, as
appears by the protest of the Governor Adolph Esmit
against Abraham Howel, who in the time of the Government of Colonel Stapleton wished to possess himself of it,
mentioned in another against William Pellet who to
the same end had landed troops there (v. encl. ii.). There
is also a protest made 2nd Oct., 1698, against Sir Robert
Pinckerton, the Scottish Commander, who wished to
seize Crab Island, and the 6th of the same month the
Governor Jean Laurent and Commander Claude Hansen
caused a similar protest to be presented to the ship of
the Commander of the Squadron in the road of the said
Island (v. encl. iii., iv.) There is similarly a letter from
Admiral Sir Benbow written in 1699 to the Governor
Jean Laurent [v. encl. v.; cf. Cal C.S.P. 1699, No. 907].
And after the signing of the said protests, the English and
Scotch withdrew from this Island, and have not there
undertaken any enterprise since that time, having then
themselves avowed, that these Islands were of so little
importance, that it was not worth while to people them,
for a Nation which possesses such vast and fertile lands
in America as they do. All the abovesaid reasons are
sufficient to show the right of sovereignty of His Danish
Majesty over the Islands of St. John and Crab, as well as
over St. Thomas, and consequently it is by so much
the less justifiable that, as one learns by letters of last
year, the English have not only again landed on Crab
Island, but also proceed to cut wood and begin to build
houses there. Therefore the undersigned is charged by
the King his Master, to insist in the strongest terms,
that those who have taken possession of Crab Island,
should quit it immediately, that the orders given by his
Britannic Majesty to the Governor of his Caribbee
Islands to the prejudice of the prior right of His Danish
Majesty should be revoked, and that the Danish subjects
should be left in peaceable possession of the abovesaid
Islands, upon which he very humbly begs to be given a
prompt and favorable resolution. Signed, Le Baron de
Sohlenthal. Copy. French. 4¼ pp. |
|
593. ii. (a) Governor Esmit to [? William Pellet] Christiansfort, St. Thomas, 20th May, 1688. H.M. the King of
Denmark and Norway my Sovereign Lord having charged
me with his orders, as soon as I should have arrived
safely in America, to take every care to put myself in
possession of Crab Island, called Bicque on the maps,
belonging to H.M., and to put a Commander there in
his name and on his behalf, who should not only maintain
and defend the Commission and flag of H.M. established
and planted there in 1682, I therefore placed a Captain
there with his men, when Commander Howel wished to
take possession of it at the time of the government of
Genl. Stapleton, and entered a protest at the same time
against the said Howel. And since that time the said
Genl. Stapleton has left the said Bicque or Crab Island
undisturbed. At the present time H.M. has sent here,
with me, one of his Admirals, to examine and visit the
said Island, and to people it, who is already on the way
with some people to put himself in possession thereof.
But as I learn that you, Monsr. Guillaume Pellit, have
orders to take possession of the said Island, and to
people it, which is contrary to the orders and command
of H.M. my very august King, and contrary to the law
of all the world, I perceive myself obliged to follow the
orders with which H.M. has honoured me, and forbid
you, Monsr. Guillaume Pellit, in the name and on behalf
of H.M. the King of Denmark and Norway, to take
possession of the said Crab Island, or to settle people
there, or to make any pretentions thereto, of whatsoever
sort or kind. And in case you disobey, I protest by
virtue and authority, in the name and on behalf of his
Danish Majesty, against you, Guillaume Pellit, and
against those who have authorised you or given you
order to seize yourself of the said Crab Island, and
declare that you will be held responsible for all the
damages and prejudices which may thereby arise, now
and in the prejudices which may thereby arise, now
and in the future etc. Signed, A. Esmit. Copy. French.
1½ pp. |
|
593. ii. (b) Governor Jean Laurent and J. von Holten to Sir
[Capt.] Robert Pinckert(h)on. (v. C.S.P. 1699. No.
579. xv.) Christiansfort, St. Thomas. 2nd Oct., 1698.
Hearing that you have been sent with ships now before
our port to seize Crab Island, protest in similar terms to
preceding. Signed, Jean Laurent, J. von Holten. Copy.
French. 1¼ pp. |
|
593. iii. C[laude] Hanson to the Commander in Chief [of the
Scottish Expedition]. At the post of Cronenburg on
Crab Island. 6th Oct., 1698. Protests, in similar
terms to above, against threatened seizure of Crab
Island. Signed, C. Hanson. Copy. French. 1 p. |
|
593. iv. (a) Rear-Admiral Benbow to Governor Laurent.
H.M.S. Gloucester, in the harbour of St. Thomas, 21st
Oct., 1699. (v. C.S.P. 1699. No. 907.) The unusual
sight of the flag of his Britannic Majesty in your harbour
will appear strange to you, but this will apprise you
of the reason . . . . . as also to know by what authority
you have flown the flag of his Danish Majesty on Crab
Island for some time, this Island belonging to the King
my master. Signed, Benbow. Copy. French. ½ p. |
|
(b) Governor Jean Laurent to Rear Admiral Benbow.
Christiansfort, St. Thomas. 21st Oct., 1699. Extract
of reply to preceding. As to Crab Island, I am extremely
astonished that you now write on such a subject, it
being known that the said Island belongs to the King
my Sovereign and Lord, and that long before me there
was a Commission from my Master, and his flag was
flown there. Copy. French. ½ p. [C.O. 152, 12.
Nos. 101, 101 i.–iv.; and (without enclosures) 153, 13.
pp. 340, 341.] |
July 3.
Whitehall. |
594. Mr. Secretary Craggs to the Council of Trade and
Plantation. Enquires to which of H.M. Governors the commissions for pardoning pirates should be sent. These commissions
"are ordered to be sent before those for trying pirates, which
latter are to remain on this side till further orders." Signed,
J. Craggs. Endorsed, Recd. 3rd, Read 4th July, 1718. 1 p.
[C.O. 323, 7. No. 128; and 324, 10. pp. 197, 198.] |
July 4.
Whitehall. |
595. Council of Trade and Plantations to Mr. Secretary
Craggs. Reply to preceding. We think the Commissions for
pardoning ought to be to the same persons as those for trying of
pirates etc. [C.O. 324, 10. p. 199.] |
July 4.
Tofts. |
596. Mr. Barrington to Mr. Popple. Returns thanks for
minuting Mr. Yeamans for the next vacancy etc. v. 23rd June.
Signed, J. Barrington. Endorsed, Recd. 7th, Read 8th July,
1718. 1 p. [C.O. 152, 12. No. 102.] |
July 4.
Whitehall. |
597. Council of Trade and Plantations to the King. Recommend John Hugg for the Council of N. Jersey. (v. May 3.)
[C.O. 5, 995. pp. 443, 444.] |
July 4.
Whitehall. |
598. Council of Trade and Plantations to Lt. Governor
Spotswood. Acknowledge letter of 27th Feb. We take notice of
what you write in relation to the 5th and 6th Articles of the
Treaty of Neutrality, and lest you shou'd misunderstand what we
wrote you the 16th of May, 1717, we think it necessary to observe,
that by the 1st clause of the Act of Navigation mention'd in the
3rd Art. of your Instructions relating to the Acts of Trade, no
foreign ships are to be allow'd to trade into H.M. Plantations.
But we are of opinion that British ships cannot be condemn'd
nor their lading confiscated only for trading to or from foreign
Plantations, provided that trade be not carried on in any manner
contrary to the laws of this Kingdom or of Virginia: whereby the
ships or lading might be lyable to be confiscated. However you
will do well to observe your last orders so far as to discourage this
way of trading which is contrary to the Treaties of Peace, thô
not contrary to our laws. [C.O. 5, 1365. pp. 62, 63.] |
July 7.
Whitehall. |
599. Bryan Wheelock to Richard West. In the Secretary's
absence desires his opinion upon two Acts of New Hampshire,
passed in 1714, (i.) for the relief of idiots, (ii.) providing for posthumous children. [C.O. 5, 915. p. 159.] |
July 7.
New York. |
600. Governor Hunter to the Council of Trade and Plantations. Abstract. Acknowledge letters, will transmit accounts
required by next conveyances, and instruct Naval Officers to
send accounts of imports from Medera and the Western Islands etc.
Mr. Beresford's representation is very just, and no more than he
himself laid before the Secretary of State on learning of M.
Crozat's patent. The French have forts and settlements in
many places on the Messasipi and on the Lakes, and claim all
the country and the trade of it as theirs, if these settlements
prosper the very being of the Brittish Plantations will become
precarious, for by means of these settlements they acquire the
dependances of these numerous Indian nations, and though the
French may be at peace with us in appearance, these Indians by
the instigation of their traders may be prevail'd upon to make
incursions on the frontiers of the English settlements, which
being all uncovered will be an easy prey, and after an attempt
of that kind no planter will benture to sit down without the reach
of assistance, or defence, and so by degrees these Colonys may
come to be unpeopled etc. Does not know upon what right the
French found their claim. As a remedy, can only suggest our
extending our frontiers, and augmenting our force and garisons,
as he has already amply proposed etc. In reply to 3rd Feb., states
case of acts passed by Lt. Gov. Ingoldsby. Most of them being
now expired or repealed, they are no longer of any consequence
etc. In answer to 25th Feb., encloses copy of H.M. Order for
building a fort, in compliance with which Col. Nicholson and he
contracted for building a fort in the Mohocks' country for half
the sum mentioned in their instructions, reserveing the other half
for one to be built at Onondagaa, when the Indians should agree
to it etc. Has constantly kept the fort in good repair etc. The
currency has ever been at 8s. per ounce in New York and New
England etc. On his arrival he published the Proclamation for
the currency, but it had little effect. Now that the Assemblies
are of better disposition, hopes to remedy this and other failures
noted by the Board. The harvest being begun, he could not keep
them together, but he communicated to them H.M. commands
as to passing acts affecting the trade or shipping of Great Britain.
Had he had any such instructions before, he would not have passed
these acts, but in the former revenue acts there being the like
duties, particularly on all dry goods from Europe, and in other
Provinces tunnage, or powder money, and that tunnage being so
low, and the people at a loss to find out funds for the support of
Govt., a land tax being by the expences of unhappy expeditions
impracticable and burthensome, he could not foresee any harm in
passing such acts. Requests the Board to suspend the disapprobation of these acts until the Assembly has met in the Fall, when,
judging by its present disposition, he hopes for success in everything the Board wishes. Sees no harm in disallowing the act
for shortening law-suits, Mr. Attorney General's observations
having been found by experience to be just. As to the act
granting a supply etc., there was never any wine imported from
Great britain and no duty was intended upon such, or upon any
goods directly imported from Gt. Britain. This shall be made
clear in an explanatory act. The duties laid on negroes imported
from other Colonies were intended to encourage their own shipping
and to discourage the importing of refuse and sickly negroes from
other Colonies. The greater part of the Palatines remain upon
the lands he purchased for them with his own money on Hudson's
River, and earn a tolerable living, some are grown rich. But
about 50 families removed, against orders, to lands which had
been granted to other inhabitants etc. In compassion, he
persuaded the Proprietors to offer them terms of long leases
paying nothing for several years, and a very trifle after. The
greatest part accepted, but one Wyser, the constant ringleader
of all mischief amongst them, who is now gone for England, has
formed a party who would come to no terms etc. These people
might be usefully employed on the frontiers, if his plan for
extending them is approved, but there must first be a fort to cover
and to keep them in order, and this will require an augmentation
of the forces. Quotes from his Commission to show that licences
for whale-fishing were a perquisite of his Government. Nobody
but Mr. Mulford disputed it, and he lost the case he brought.
It is not worth £20 sterl. per annum, but he does not wish to be
accused of giving up the rights of the Crown. Refers to papers
sent to Mr. Philips. If men like Cox and Mulford, who were
common disturbers of the publick peace and avowed obstructors
of all settlement or support of Government, when they are called
to account for crimes against the Government, shall find their
account by flying from such prosecutions, and complaining at
home, whoever governs in these parts must either hold the reins
of Government very slack, and resolve to bear with daily repeated
insults or with the intolerable drudgery of answering false and
malicious accusations or frivolous complaints etc. He has in
every step had a particular view to H.M. service, and in that has
had the desired success etc. Describes procedure in granting of
patents for lands. Set out, N.Y. Col. Docs. V., pp. 507–511.
Signed, Ro. Hunter. Endorsed, Recd. 10th Sept., Read 1st Oct.,
1718. Torn. 7½ pp. Enclosed, |
|
600. i. Extract of H.M. Additional Instructions to Governor
Hunter for building a chapel and fort for the Indians
etc. 21st Feb., 1710/11. Same endorsement. 1 p.
[C.O. 5, 1051. Nos. 73, 73 i.; and (without enclosure)
5, 1124. pp. 38–50.] |
July 7.
N. York. |
601. Same to Same. By Hopkins I receiv'd the new seals,
and with this your Losps. will receive the old one of this Province
broke in Council according to H.M. commands; to-morrow I go
to the Jerseys and when that of that Province is broke in Council
there I shall transmitt it also, but this ship is upon her departure.
I have also receiv'd H.M. letters nominating John Parker, Peter
Tretwell and Jo. Wells of the Council for that Province. I beg
the same favour for John Johnston, junr., in order to keep the
equality Mr. Tretwell and Mr. Wells being of the Western division.
Signed, Ro. Hunter. Endorsed, Recd. 10th Sept., Read 1st Oct.,
1718. Holograph. 2 pp. [C.O. 5, 1051. No. 74; and 5, 1124.
p. 51.] |
July 7.
N. York. |
602. Same to Mr. Popple. Hopkins brought me yours and
in it a great deal of comfort, finding by that, that I am not
become indifferent to you as I like a suspicious fool or rather
jealous friend, surmis'd in my last. I assure you that I want
nothing but a conveyance to bring me to you, for to deale plainly
with you, after the incouragement Mr. Mulford and some others
have lately mett with from some great men, my stay on this side
will be but uselesse to the publick and hurtfull to my self. I have
no care about any consequences but in so far as they may affect
my reputation, which I think I have taken sufficient care to
vindicate by what I have sent inclos'd to Mr. Philips by this
conveyance. If the voice of a whole Province is not judg'd of force
sufficient to disprove the simple allegations of one craz'd old
man, it will be in vain for me to endeavour any more at being
pronounc'd innocent I must satisfy myself with being so. I beg
leave to remark to you upon the objections made to our Acts of
Revenue, that it will be a very hard task hereafter to find any
fonds for that use, whilst by the clamours of merchants or those
self interested every sort of duty may be constructed to affect
the trade of Great Brittaine, in all or most other Provinces there is
a tunnage or powder money, and that here is such a trifle that it
can not seriously speaking be said to effect any trade. There is
no duty on goods imported from Brittaine, though in all former
Acts of Revenue in Coll. Fletcher, Ld. Bellomont and Ld. Cornbury's time there was two and a half pr. cent on all such, and is
it not surprizeing that trade should so considerably increase under
all these discouragements. In short considering that a land tax
is impracticable a future revenue here, will be so, at least very
difficult under these restrictions not so much by reason of them
but of the constructions that the merchants here and there will
put upon every duty whatsoever as affecting the trade of Great
Brittaine and I'll affirm without assumeing too much to my self,
if I do not accomplish it it will be a long time a doing come who
will in my place. Mr. Philips hints to me that my affairs and
intrests move heavily. I sensibly feel he has too much reason.
My comfort is that I have deserv'd a better fate. I can not see
how I can get over 'till next Spring because I am resolv'd to use
my endeavours with the Assembly this fall to remedy what is
excepted against in our several Acts. But a dissallowance of
them would put all into confusion and ruine this flourishing
Province. P.S.—The Act wch. Mr. Chetwind is concern'd about,
had pass'd if I had not recd. your letter but I have stav'd it off
for another session. Signed, Ro. Hunter. Endorsed, Recd. 10th
Sept., Read 1st Oct., 1718. Holograph. 4 pp. [C.O. 5, 1051.
No. 75; and 5, 1124. pp. 52–54.] |
| July 7. |
603. Extract of letter from Governor Hunter to Mr. Philips.
Encloses Representation (No. iii. infra) in reply to Mr. Mulford.
Continues:—Having received several letters from the Justices
and others on Long Island, informing me, that there was a paper
sent over by Mr. Mulford, handed about clandestinely for
subscriptions, and that some were threatened, others hired, and
others wheadled to set their hands to it; that particularly in one
township they could get no hands, but a woman's, a madman's
and a boy's; and all this managed by Richard Floyd, Mr.
Mulford's Agent, a very troublesome man, I communicated all
these advices to the Council, who advised, that orders should be
immediately sent to the Justices of the Peace, to enquire into the
affair, and after the paper; to put a stop to the proceeding, which
might endanger the Peace of the Country, which I did accordingly.
The Justices found that matter so, but the subscribers declared
they were told the paper they signed was only a request about
the whale fishing. They sent after it of their own accord, burned
it, and signed enclosed address to me. The people have been
perfectly easy and quiet ever since. God knows my heart, that
I wish hurt to no man. And could I have devised any other
method to keep that troublesome man from disturbing the Peace
of the Country, I would have followed it. But if he meets with
encouragement at home, whoever governs here will have a hard
task etc. Signed, Ro. Hunter. Endorsed, Recd. (from Mr.
Philips) 23rd Sept., Read 1st Oct., 1718. Copy. 3 pp. Enclosed, |
|
603. i. Petition of Cornelius Conkling and other inhabitants
of Suffolk County to Governor Hunter. Pray pardon
for their error in signing an Address to H.M. Nov.
1717. We intended no accusation against your Excellency, but thereby chiefly to obtain of H.M. the whalefishing, free of paying the duty to the Crown etc. Signed,
Cornelius Conkling, Mathias Burnet, Daniel Miller,
Isaac Mulford, Tho. Mulford, William Edwards, Nat.
Downing, John Mulford, Theodore Peirson, Robert
Nevins, James Cooper, Theo. Howell, Isaac Halsey,
Nat. Howell, Edmound Howell, Christopher Foster,
Zebulun Howell, Richard Fowler, Abraham Halsey.
Same endorsement. Copy. 1p. |
|
603. ii. Address of several inhabitants of New York, especially
of Nassau Island, to the King. Complain of the unequall
numbers of Representatives and the disproportion of
the quotas of taxes, in the counties; of the powers of
the Court of Chancery; that they do not have the
benefit of the Agent of the Province; and that their
whales and oil have been seized, etc. No signatures.
Copy. 4pp. |
|
603. iii. Representation of the Council and Assembly of New
York to the Lords of the Committee for hearing appeals
from the Plantations. Reply to preceding and Aug. 28,
1717. The Counties of this Province are not all equal
in territory, number or wealth of inhabitants, from
whence proceeds the different taxations etc. Mr.
Mulford's representation is unjust, because the number
of representatives were not as he represents at the time
the quotas of taxation were laid, the County of Orange
having but one Representative, and not two as he says,
and the County of Dutchess none, neither is this taxation
to be charged to Colo. Hunter, or an effect of his putting
Representatives on the Assembly, those taxations being
made before his arrival etc. The true cause of these
clamours was such an addition to the Representative(s) as
gave a check to that spirit of opposition, that by Mulford's
means too much for a time prevail'd and retarded the
necessary support for the Government and payment of
publick debts, which by that means has been happily
effected, and this Province reduced to a state of tranquility unknown to past times, and but a little while
since almost despair'd of. The additions then made and
complain'd of have been agreable to the laws and practice
of this Province, and were but three, one in the County
of Orange and two in Dutches County, wch. are large
countys and daily increasing in people, and by that
addition were made but equal to the smallest county
in the Province. An acknowledgement for the liberty
of taking Royal fish was taken by the Governor's
predecessors, as justly due to the Crown, and what the
Governor without the imputation of departing from
H.M. rights cou'd not give up, the methods us'd for
recovery of this was a process in the ordinary course
of law, in which Mr. Mulford was not debarr'd the
making such a defence as he thought most conducive
to his service. His accounts of the prosecution for his
speech etc. are misrepresentations. Refer to Address
of Assembly and Minutes of Council and Assembly
(v. Nos. 317 xi., xii.). By the last it will appear
how inclinable the Governor was to have stopped any
further prosecution against him, had he himself not
been averse to it etc. Their being a great arrear of
quitt rents, we believe the Attorney Genl. took such
measures as he judg'd would prove most effectual to
obtain the payment of them, but we cannot find that
Mr. Mulford met with a diff'rent treatment from others,
or if he did the Govr. cannot be suppos'd to be interested
in it, the Receiver General and Attorney General being
solely concern'd. Whatever proceedings have been in
the Supream Court against Mr. Mulford (of which we
can find none) we submit to your Lordships, whether
any complaint of that kind can affect the Governor,
who doth not interpose in the judicial proceedings of
that Court etc. We could wish all the parts of H.M.
Dominions were as free from Jacobite partys as this
remote corner of them are and always hath been; and
we hope your Lops. are so well assured of the Governor's
firm adherence to the interest of the present Government,
that it will not be in the power of any complaints of
that nature to render him suspected etc. His administration is free from tyranny or oppression, and we know
of no grievances in the Province, wch. is in happier
circumstances than ever in great measure owing to the
just and mild administration of Brigr. Hunter. 2nd
July, 1718. Signed, By order of the Council, Wm.
Wiseman; of the Assembly, J. Ludlow. Same endorsement. Copy. 5½ pp. [C.O. 5, 1051. Nos. 76, 76
i.–iii.] |
July 8.
Whitehall. |
604. Mr. Secretary Craggs to the Lords Commissioners of
the Admiralty. Encloses, for their opinion thereupon, report of
Council of Trade and Plantations upon Nova Scotia, 30th May.
Signed, J. Craggs. 1p. [C.O. 217, 31. No. 17.] |
July 8.
Whitehall. |
605. Same to Board of Ordnance. As preceding. [C.O. 314,
1.No. 3.] |
July 9.
Whitehall. |
606. Council of Trade and Plantations to Mr. Secretary
Craggs. Report upon Memorial of M. Chammorel (July 3rd).
Having perused the Minutes of ye Councill of Jamaica, whereby
it appears that petitioners had made out their allegations, we
humbly conceive that directions may be sent to the Governor
of Jamaica, not only to prosecute the commanders and mariners
of any ships or vessells concern'd in this capture, but also put
the bonds given by the sureties in execution, whereby reparations
may be made to ye sufferers.[C.O. 138, 16. pp. 116, 117.] |
| July 9. |
607. Richard West to the Council of Trade and Plantations.
Report upon Act of New Hampshire, 1716, for making lands and
tenements liable to payment of debts. I have perused ye Act to
wch. it referrs, 8th William III., ye design of wch. Act I doe think
to have been perfectly just and in case this Act had pursued ye
intention of ye sd. Act I should have had no objection to its being
passed into a law. But it is so unhapily worded that I cannot see
that by any construction whatsoever it can effect ye end proposed
by it. The end proposed by this Act is to make ye real estates of
debtors lyable to ye paymt. of their personall debts which by ye
former Act of King William was sufficiently provided for in case
of ye debtors dying indebted in a greater summe yn. his personall
estate was able to answer this Act proposes to provide for ye
creditors security during ye life of ye debtor by compelling him to
a mortgage of his lands to which end it is enacted that all creditors
recovering judgemt. and ye debtor not satisfying ye same to ye
acceptance or satisfaction of ye creditor shall have execution thereupon agt. ye lands of ye debtor and ye Sherriffe shall cause a
parcell of ye debtor's lands to be set out (by the oath of three
appraisers) sufficient to satisfy the creditors demands and shall
thereof deliver possession and seizen to ye creditor which when
recorded is enacted to be a good title to such creditor or creditors.
My objection to this Act arises from the last words wch. in my
opinion leaves ye creditor (tho perhaps contrary to ye intention
of ye makers of the Act) in a worse condition yn. they found him.
By the equity of redemption reserved it is manifest that ye
intention of ye law makers could be only to create a reall security
to ye creditor for his debt by way of mortgage wch. mortgage
can be only for ye life of ye mortgagee they haveing forgott to
insert after their enacting that ye returning of the aforesd.
execution should be a good title to ye creditor that it should also
extend to his heirs without wch. word it is certain no larger estate
yn. for life can be created and wch. they therefore in ye sd. Act
of K. William do very properly use. I must also observe yt. ye
acceptance of such mortgage under this Act is a discharge of ye
execution agt. ye debtor and his land and that ye estate for the
life of the mortgagee being by this Act considered as a full satisfaction for any debt whatever it from thence follows that if any
creditor should chance to die but ye next week after such acceptance of ye mortgage as aforesd. the debt is wholly extinguished
and the heirs or exrs. etc. of such creditor would be absolutely
barr'd from ye making use of any such remedy wch. by ye Common
Law or by ye beforementioned Statute of King William they
would otherwise be entituled to. I might mention other
objections of less consequence. But I think what I have already
taken notice of will be sufficient to justify my being of opinion
that this Act is not proper to be passed into a Law etc. Signed,
Richd. West. Endorsed, Recd. 9th, Read 11th July, 1718. 2pp.
[C.O. 5, 867. No. 2.; and 5, 915. pp. 168–171.] |
July 10.
Whitehall. |
608. Mr. Popple to Mr. Burchett. Encloses extract of letter
from Lt. Governor Bennett, 31st May, for the information of the
Lords Commrs. of the Admiralty. [C.O. 38, 7. p. 345.] |
| July 10. |
609. [Stephen Duport to the Council of Trade and Plantations.]
Some notes relating to Danish Settlement of St. Thomas.
Endorsed, Recd., Read 16th July, 1718. French. ¾ p. [C.O.
152, 12. No. 105.] |
July 10.
Whitehall. |
610. Mr. Popple to Baron Bloombergh. The Council of
Trade and Plantations desire you will please to give 'em what
information you can of the Danish settlement on the Island of
St. Thomas in America. [C.O. 153, 13. p. 342.] |
July 10.
Whitehall. |
611. Council of Trade and Plantations to the King. Enclose
arguments for and against Act of Antegoa to prohibit the importation of French and other foreign sugars etc. Continue:—The
reasons contained in the [Surveyor General's] letter [v. 12th April]
appear to us to be such as may induce your Majesty not to approve
of this Act. But besides those objections to the design of this
Act we shou'd think ye same not fit to receive your Majesty's
approbation by reason of sevl. clauses therein contain'd. By one
it is enacted "that if any quantity (tho' never so small) of sugars
or of any other of the commodity's prohibited by this act be
landed in any part of the said Island of Antegua, the ship in which
they are imported shall be forfeited upon the oath of one single
evidence who is to be rewarded with the moyety of the forfeiture."
Another enacts that "if any master of a vessel should put any
such foreign goods as aforesd. from on board his own into any
other vessel within any harbr. or anchoring place in or about the
sd. Island he shall suffer 12 months imprisonment in the common
gaol without bail or mainprize," and this likewise upon the oath
of one single evidence. But there is another clause more extraordinary than these, whereby a skipper or master who shall
order any person on board his vessel to resist any officer appointed
by this Act to search, is to be adjudged guilty of felony. We
beg leave to observe on this occasion, that tho' some Acts have
lately been pass'd in others of your Majty's. Islands for discouraging the importation of French and other foreign sugars, particularly
one in Barbado's which your Majesty has been pleased to confirm;
Yet none of those Acts have extended to an absolute prohibition
of those commoditys, neither are there any clauses in them liable
to such exceptions as those in this Act of Antegua. We are
therefore humbly of opinion from the severall considerations
beforemention'd that your Majesty may declare your disallowance
of [this] Act of Antegua etc. [C.O. 153, 13. pp. 342–345.] |
July 10.
Office of Ordnance. |
612. Board of Ordnance to Mr. Secretary Craggs. In
obedience to H.M. commands we have considered the report of
the Council of Trade and Plantations, 30th May. We are of the
same opinion with their Lordships with regard to the fortifications
of Placentia and Annapolis Royal etc. Propose to advance
£200 to Governor Philips, to buy boards and provide small
timber at both places, for repairs of the barracks and magazines,
and to send nails and tools from hence for the same etc. Signed,
Tho. Frankland, Jno. Armstrong, M. Richards. Endorsed, Recd.
(from Mr. Stanyan) 3rd Feb., Read 19th May, 1719/20. Copy.
1½ pp. Enclosed, |
|
612. i. Estimate of materials proposed to be sent for the repair
of the barracks and magazines at Placentia and Annapolis. Total, (including 24, 000 ft. of deal boards at
£200) £292 3s. 2d. 1p. [C.O. 217, 3. Nos. 1, 1 i.] |
