|
| April 1st. |
137. Governor Philipps to the Council of Trade and
Plantations. Encloses following etc. Recommends Capt.
Southack as the Commissioner when it is thought convenient
to appoint one for adjusting the boundaries of Nova Scotia
with the French. Signed, R. Philipps. Endorsed, Recd. 6th,
Read 7th April, 1719. 2 pp. Enclosed, |
|
137. i. Capt. Southack to Governor Philipps. Boston, Jan.
27, 1718/19. I was ordered by Governor Shute and
the Council of this Province to go in H.M.S. Squirril
Capt. Thomas Smart to have a conference with St.
Ovide de Brouillian Governour of Island Breton
concerning antient boundaries of Nova Scotia. Since
the arrivall from France of the Marquis de Vaudreauill
Governor of New France at Quebeck he has given orders
to severall frenchmen for setlements at Ponobscot
Passamaynody and St. Johns River all which is part
of the boundaries of Nova Scotia. Complains that
French privateers had taken 10 of his fishing sloops,
"the French being very angry with me, I being on
all expeditions in doeing my duty against them etc.
Sence the suspension of armes to this year 1718 to be
served as I am by the French it is very hard." Capt.
Smart's seizures amount to £2000 this money. Hopes
to be allowed part of it etc. Encloses a "small chart,"
etc. Signed, Cyprian Southack. Same endorsement.
Addressed. 1½ pp. |
|
137. ii. Copy of Governor Dudley's Instructions to Capt.
Southack, 11th March, 1712, to visit the coast of
Cape Sables etc. Same endorsement. 1 p. |
|
137. iii. Copy of Governor Dudley's Instructions to Capt.
Southack, 18th April, 1715, to seize vessels trading
contrary to the Act of Neutrality etc. Same endorsement. 1 p. |
|
137. iv. Copies of Order of Council, 1st Feb., 169¾, and certificates by Capt. George Martin, General Sir William
Phipps and Governor Dudley in favour of Capt.
Southack. Same endorsement. 2¾ pp. |
|
137. v. (a) Memorial of Capt. Southack to M. St. Ovide de
Brouillian Governour of Island Bretton. Sept. 11th,
1718. Recapitulates history of Nova Scotia. The 12th
Article of the Treaty of Utrecht bound the most
Christian King to deliver to the Queen of Great Britain
all Nova Scotia or Accadie with its antient boundaries.
Which antient boundaries was to Cape St. Lawrence
eastward on Island Breton, and Cape Roziers northward
to the great River St. Lawrence as may be seen by M.
Subercass passport (v. infra.) And that the subjects
of the Most Christian King shall hereafter be excluded
from all kind of fishing in the said seas, bays and other
places on the coast of Nova Scotia, that is to say on
those which lye towards the East within 30 leagues
begining from the Island commonly called Sable
inclusively and thence stretching along towards the
southwest. If it had not been mentioned in 13th
Article that the Island called Cape Breton as also all
others both in the mouth of the River of St. Lawrence
and in the Gulph of the same name, shall hereafter
belong of right to the French, and the Most Christian
King shall have all manner of libertie to fortifye any
place or places there, and no other it must of course
have been the Queen's of Great Britain's as being
within antient boundaries of Nova Scotia. Which
shews the French have nothing to do with any part
of the Continent nor Islands from Cape Cansco to
Cape Roziers aforementioned. |
|
(b). Memorandum of what fish the French have catched
and part dryed in the boundaries of Nova Scotia:
1715, 10,000 quintalls; 1716, 15,000; 1717, 20,000;
1718, 25,000. |
|
(c). Governor Subercase's promise to procure passports
for Major Richard Mullins and Capt. Charles Brown
to return to England after transporting the French
garrison of Port Royal to France, according to the
2nd article of the capitulation. Port Royal, 23rd
Oct., N.S., 1710. Begins: We Daniel Auger of
Subercase etc. Governour of Le Accadie of Cape
Breton Islands and lands adjacent from the Cape
Roziers of the Great River St. Lawrence, as far as
the east part of Kennebeck River do promise to
procure passports etc. |
|
(d). Memorandum by Capt. Southack. In Aug., 1716,
H.M.S. Rose, Capt. Caley, Commander, sailed under
the command of Lt. Young for Cape Breton to
speake to M. Costable then Governor of Cape Breton,
concerning the French fishing in the boundaries of
Nova Scotia at Cape Cansco etc. Governour Costabel's
answere was that the French had nothing to do to
fish at Cansco etc, and that he would order the French
away from fishing there, then Lt. Young sailed
from Island Breton to Cansco Harbour where he
found about 30 French shallops a fishing there and
makeing of fish. Young ordered them away or else
he would seize them and their fish they made answere
they had nothing to do to fish here but would be gone
it being the English boundaries there was nobody
to look after it and that made them fish there. Signed,
Cyprian Southack. The whole endorsed as covering
letter. 3 pp. |
|
137. vi. Capt. Southack's Journal of remarkable transactions
during the voyage (No. 1). We sailed from
Nantaskett 26th Aug. 1718, and arrived 6th Sept.
at Cansco Harbour, where we found a French ship,
a brigantine and sloop, and about 30 French shallops
a fishing. 7th instant came into this harbour from
Louice Bourg, a place on Island of Breton, french
sloop with her white ensign leading with french
merchandize to trade here, but Capt. Smart received
a great many afronts here from the french, but did
not think it proper while his return from Louis Bourg
to make any answere to them. 10th Sept. we sailed
to Louisbourg etc. On 11th Capt Smart and I had a
conference with Governor de Brouillian about the
boundaries of Nova Scotia etc. He was made sensible
that the French have nothing to do with any part of
the Continent, nor the Islands of Cansco. Capt. Smart
demanded in the King of Great Britain's name that
he would give orders to the French at Cansco to retire
to the french territories and offered to allow him any
reasonable time for them to withdraw themselves
and effects but he refused, then Capt. Smart made
an open protestation against the proceedings of the
French at Cansco and assured the Governour that it
would be resented by the English Government. The
13th wee sailed for Cansco, where the french ship
had out her white flagg and the other french vessells
french colours on it. The 18th Sept. Capt. Smart
made seizures of the French ship, brigantine and sloop
and some fish of the french on the shoar belonging
to the ship and other French inhabitants and some
other goods which he sent some of them goods ashoar
againe by my desire. The 25th he delivered the french
ship to the french captain againe by reason he had not
men to man her, but brought the brigantine and sloop
away with him to Boston etc. Signed, Cyprian
Southack. Same endorsement. 1¼ pp. |
|
137. vii. Memorial of Captain Southack to Governor Shute.
Boston, Jan. 22, 1718/19. Complains of the French
seizing his fishing sloops. M. Costabelle gave the
Indians £200 to destroy his fishery and kill him etc.
v. supra. Prays H. E. to send his memorial to England
to be laid before the King and Council for satisfaction
etc. Signed and endorsed as preceding. 3 pp. [C.O.
217, 2. Nos. 63, 63. i–vii; and (without enclosures)
218, 1. pp. 391–393.] |
April 3.
Custom Ho., London. |
138. Mr. Carkesse to Mr. Popple. Reply to June 12th.
The Commrs. of H.M. Customs observe, upon the Act of Jamaica
for ascertaining the number of ports of entry etc. (1) The more
ports etc. there are, the greater ease it will be to the traders,
and therefore they have no objection to the increase of the ports
made by this Act, since they will occasion no additional charge to
the Crowne, there being provision in the Act, that the officers
to be deputed for those places, shall be paid out of the parochial
stock of the sevll. parishes, in wch. those ports are settled,
provided the said Act will not encourage the inhabitants to
reside in townes, and there sett upp manufactures for supply
of their own necessities, without assistance from hence, wch.
will not only discourage the trade carried on from this Kingdom
as well by our own manufactures, as by ye re-exportacon of
East India goods and other foreign goods from hence but will
also take off their hands, wch. might be employ'd more to the
benefitt of this Kingdome, in planting and raising sugars and
other commodities of that Island to be ship'd home for the
supply of our own and forreign marketts from hence, to the
prejudice of the Trade and Navigation of this Kingdome.
(ii) The said Act in Section 5 allows forreign vessells to trade
to Jamaica, which is contrary to the Acts of Trade, and allso
subjects every vessell as well Brittish as forreign to a forfeiture
of the vessell, with her tackles etc. and lading, if either the master
or owner of the goods shall land the same before entry, wch. may
be a great hardship on the Brittish and Plantacon owners,
not only with respect to their shiping but likewise to their
goods by forfeiting the whole lading, tho' but part thereof
be landed before entry, etc., and the owner suffer by default
of the master or merchant, and the mercht. by the act of the
master etc. (iii) In the last clause directing in what manner
the penalties shall be recovered, it is declared that no non vult
ulterius prosequi shall be entred or allow'd, etc. which is an
encroachment on the prerogative of the Crown. Encloses
following. In case H.M. shall disallow of this law, and that the
Assembly of Jamaica shall hereafter pass another for the establishing ports there, the Commrs. desire that the same may not
take place till the officers are effectually provided for, according
to the intention of the present Act. Signed, Cha. Carkesse.
Endorsed, Recd. 3rd, Read 7th April, 1719. Addressed.
2 pp. Enclosed, |
|
138. i. Extract of letter from John Wright, Collector, and W.
Norris, Naval Officer, Jamaica. Recd. 26 July, 1716.
The merchts. in London have taken ye advantage of
the Act referred to in preceding, and sent several ships
directly to ye port of St. Anne, where there are two
ships now in loading, and as the country will not pay
the charge of officers there, those ships are at liberty to
import and export contrary to ye Acts of Navigation
and manifest injury to the 2 setled towns on this
side while they have opportunities of defrauding the
King of his duties on the other side which in time we
fear will prove a great detriment to H.M. and the
whole Island in general. ¾ p. [C.O. 137, 13. Nos.
24, 24 i; and (without enclosure) 138, 16. pp.
162–165.] |
April 4/15.
Rio Essequibo. |
139. Commandant Vanderheyden Rézen to the Director
of the Dutch West India Co. Signed, P. Vanderheyden Rezen.
Endorsed, Read, 30th June (N.S.) 1719. Dutch. 17¼ pp.
[C.O. 116, 22. No. 3.] |
April 4.
St. James's. |
140. Order of King in Council. Approving of the Representation of 19th March, and ordering that Col. Thomas Morris
be restored to his place in the Council of Antegoa. Signed,
Ja. Vernon. Endorsed, Recd. 8th, Read 9th April, 1719.
1½ pp. [C.O. 152, 12. No. 132; and (duplicate, Signed
Edward Southwell and endorsed, Recd. 27th April, Read
18th June, 1719), No. 137.] |
April 7.
Whitehall. |
141. Mr. Popple to Mr. Burchett. Encloses copy of letter
from the Governor and Council of South Carolina, (12th Dec.,
1718), to be laid before the Lords of the Admiralty, " that their
Lordships may please to give orders for such assistance to
Carolina and H.M. other neighbouring Plantations as the
publick service will admit." [C.O. 5, 1293. p. 168.] |
| [April 8]. |
142. Petition of John Chamberlain, of Antegoa, to the
Council of Trade and Plantations. Prays to be appointed to
the Powder Office in Antigua, for collecting powder in pursuance
of the Act there. No immediate Commission therefor has ever
yet been granted to any person from H.M. " It is H.M.
Prerogative, and will be for H.M. interest that such a Commission be granted" etc. Endorsed, Recd. 8th, Read
9th April, 1719. 1 p. [C.O. 152, 12. No. 133.] |
April 9.
Whitehall. |
143. Council of Trade and Plantations to Lt. Governor
Spotswood. H.M. having been pleas'd on the petition of the
Lord Guilford and our report thereupon to grant leave to Capt.
Hart Deputy Governor of Maryland to be absent twelve months
from that Government for the recovery of his health, we send
you here inclos'd copies of the said petition and report, as
likewise of H.M. Order in Council that you may take the security
therein directed from the person who is to be Commander in
Chief of Maryland during the absence of Mr. Hart. We have
under consideration several of your letters and shall soon send
you an answer to them. [C.O. 5, 1365. pp. 184, 185.] |
April 9.
Whitehall. |
144. Council of Trade and Plantations to the Queen.
Whereas your Majesty has been pleas'd to declare by your
Instructions to the Governor of Virginia, that if any Member
of the Council in that Colony shall be absent from the said
Colony for the space of above twelve months together without
leave from the Commander in Chief there for the time being
or shall remain absent for the space of two years or the greater
part thereof successively without leave under your Majesty's
Royal Sign Manual, his place in Council shall immediately
thereupon become void, etc.; propose that Peter Beverley be
appointed in the room of William Byrd (v. Sept. 17th). [C.O.
5, 1365. pp. 185, 186.] |
| April 10. |
145. Lords Proprietors of Carolina to the Governor and
Council of South Carolina. The Rectory of Charles Town,
having not been regularly conferr'd upon any person, since the
death of Mr. Gideon Johnson; and having been frequently
mov'd by the gentlemen of the Province to send a Clergyman
properly qualified for the discharge of such a trust; we do
appoint the Revd. Mr. Anthony Alsop Batchelor of Divinity
to be rector etc. We desire you will shew him all the favour
and kindness that he deserves etc. Signed, Carteret, P.;
M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. pp. 136, 137.] |
April 10.
Whitehall. |
146. Council of Trade and Plantations to Mr. Secretary
Craggs. Reply to Nov. 20th. We have consider'd the Address
of the House of Burgesses of Virginia, and have thereupon to
observe, First that the manner of conveying or presenting the
said Address by a person nominated as Agent by the Burgesses
alone exclusive of the Lieut. Governor and Council is not only
very extraordinary but contrary to H.M. Instructions which
do not allow of such separate Addresses unless in cases where
the Burgesses have matter of complaint against the Governor
and that upon application to him the Governor refuses to transmit their Address, and it does not appear that the House of
Burgesses of Virginia made any application to the Lieut.
Governor to transmit their said Address in order to be laid
before H.M., neither does the same contain any complaint
agst. the said Lieut. Governor, but against the power invested
in him by H.M. Instructions, etc. Besides as we are informed
by the said Lieut. Governor the House of Burgesses in order
to the conveying this Address in a manner suitable to their
own humour, resolv'd to appoint a particular Agent, and to this
purpose prepar'd a Bill whereby the Burgesses impower'd
themselves barely by a resolve of their House to name any person
to be their Agent, and by the like resolve to change him and put
in another as often as they might please, and likewise by the
same power of a resolve to pay such Agent what sums they
might think fit without any concurrence of the Govr. and
Council; but the said Bill having been rejected, a vote pass'd
the House of Burgesses appointing Mr. Byrd their Agent,
and assuring him of a suitable gratification for his trouble.
This method of transmitting Addresses by another channel
than thro' the hands of the Governor or Commander in Chief
(except in cases of complaint or refusal as aforementioned)
was particularly disapprov'd of by her late Majesty's Order in
Council of 21st May, 1702, and by her letter to the Governor
in June following in the case of an Address sent from Virginia
and presented by Mr. Byrd in the same manner that this has
been; It is observable that the Burgesses of Virginia have in
this case taken upon them not only to appoint an Agent of
their own (tho' there be an Agent of the Province here) but
also to dispose of the publick money without a law for that
purpose or the concurrence of the Governor and Council, who
is instructed not to allow of such proceedings, which if
not discourag'd may prove very prejudicial to the good Government of the Plantations. Concerning the subject matter of
the present Address we must observe that in one part of it the
Assembly desires the revocation of an Instruction which is
genl. to all H.M. Governors in America, and was given in
pursuance of an Order in Council the 31st July, 1717, by which
Instruction the Governors are requir'd not to pass any Act
which may any way affect the Trade or Navigation of this
Kingdom without a clause expressly declaring the said Act
not to be in force till approv'd by H.M., His heirs or successors;
We are surpriz'd to find that any objection should be made
to an Instruction of this nature since it can never be suppos'd
that the Plantations had or could have the power of making
any laws which might be prejudicial to the Trade and Navigation of this Kingdom, for whose benefit and advantage the
Plantations were first settled and have been and still are
maintain'd and protected at a vast expence from this Kingdom.
As to the other part of the Address desiring that the Judges of
the General Court who are the Members of H.M. Council may
be the only Judges of the Courts of Oyer and Terminer, we made
a report to H.M. some time since (a copy of which we here
inclose) and transmitted to the Governor the opinion of Sr.
Edward Northey then H.M. Attorney General upon that subject,
and have been inform'd that the Council of Virginia, who were
the chief promoters of this claim of power for themselves have
since acquiesc'd in Sr. Edward Northey's and our opinion
concerning it. [C.O. 5, 1365. pp. 187–191.] |
April 10.
Whitehall. |
147. Same to the King. Recommend Cole Digges as a
Member of Council of Virginia in the room of Edmund Barkley,
decd. [C.O. 5, 1365. p. 192.] |
April 16.
Whitehall. |
148. Council of Trade and Plantations to the King. Representation upon Act of Jamaica, 1714, for ascertaining the number
of ports of entry etc. Quote objections urged by Commissioners
of Customs April 3rd, q.v. Conclude: We therefore humbly
offer that your Majesty should be pleas'd to declare your disapprobation of the said Act as being repugnant to the Acts of
Trade and Navigation of this Kingdom, and consequently in
its own nature illegal, null and void. And further that your
Majy.'s Governor of Jamaica may be strictly enjoin'd not to
give his assent to any new Act for encreasing ye number of
ports of entry in that Island, unless there be a clause to suspend
the execution of such Act untill your Majesty's pleasure shall
be known concerning the same. [C.O. 138, 16. pp. 165–169.] |
| April 17. |
149. Lords Proprietors of Carolina to Col. Rhett. Warrant
to pay Rev. A. Alsop £100 yearly and a gratification for assize
sermons etc. (v. April 10th). Signed, Carteret, Palatin; M.
Ashley, J. Collecton, J. Danson. [C.O. 5, 290. pp. 137, 138.] |
| April 17. |
150. Same to Francis Yonge, Surveyor General of South
Carolina. Warrant for passing a grant of 500 acres to Rev.
A. Alsop. Signed as preceding. [C.O. 5, 290. pp. 138, 139.] |
| April 17. |
151. Same to Same. Warrant for surveying and setting
out for us our heirs and assigns upon the Yamasee lands, and
as near Port Royal as you can, fifteen baronies consisting of
12,000 acres each barony, one fourth part of every barony must
front a river where the lands do lye, and the rest in a direct line
backwards as near as may be; you are to give them names
according to their several and respective situations, and you
are to transmit to us by the first opportunity. Signed as
preceding. [C.O. 5, 290. p. 139, 140.] |
| April 17. |
152. Mr. Shelton to Francis Yonge. I have receiv'd your
letter of 3rd Feb., with the account of the lands pass'd your
office since 1716 to 30th Dec. 1719 (sic), the Lords take your
compliance with their orders very well and after having read
your accot., have order'd it to be further consider'd of at the
next Board. Refers to preceding warrant. Continues: It will
be agreeable to the Lords if you despatch that as soon as you
can and I will venture to promise you that you shall have an
order for your money as soon as you have finished that matter
etc. The Lords say you have omitted to mention by whose
warrts. the sevl. parcells of land were set out and the dates of
them, which they desire you to send by the first opportunity.
Signed, R. Shelton. [C.O. 5, 290. p. 141.] |
April 18.
N. Yorke. |
153. John Riggs to Charles Delafaye. Repeats gist of
2nd Feb., q.v. "No ships as yett arived heare from Europe,
so have no newse … our best services atends dr. sister with all
yr. dr. famylie, perticulerlye dr. Malboro Mobb" etc. |
|
P.S. Coll. Ingoldesbe died ye first of March etc. H.E. has
been ill most of ye winter of a rumetissem, he is now somthing
better. Signed, John Riggs. Addressed. Postmark. 1¼ pp.
[C.O. 5, 1092. No. 7.] |
April 20.
Whitehall. |
154. Mr. Secretary Craggs to the Governor of Placentia.
Gives Instruction as requested by Board of Ordnance, 2nd March.
Signed, J. Craggs. Copy. 1 p. [C.O. 217, 31. No. 20;
and 324, 33. p. 221.] |
April 20.
Admiralty Office. |
155. Mr. Burchett to Mr. Popple. Reply to 7th April.
My Lords Commrs. of the Admiralty intend to send a frigate
thither as soon as possible etc. (v. 12 Dec. 1718.) Signed,
J. Burchett. Endorsed, Recd. 20th, Read 21st April, 1719.
Addressed. ½ p. [C.O. 5, 1265. No. 120; and 5, 1293. p. 169.] |
April 22. May 3.
Rio Essequibo. |
156. Commandant Vanderheyden Rézen etc. to the Directors
of the Dutch West India Co. Signed, P. Vanderheyden Rézen
and three others. Dutch. 5 pp. [C.O. 116, 22. No. 4]. |
| [April 22.] |
157. Merchants trading to New York to the Council of
Trade and Plantations. Objections to the Act of New York
for paying debts etc. (v. April 9, and 23, 1718.) No signature.
Endorsed, Recd., Read 22nd April, 1719. 3 pp. [C.O. 5, 1051.
No. 81.] |
April 23.
Whitehall. |
158. Mr. Popple to Mr. West. Encloses for his opinion
thereon Acts of Barbados 1717–1718. [C.O. 29, 13. p. 504.] |
April 23.
Whitehall. |
159. Mr. Popple to Mr. West. Encloses Acts of the
Massachusets Bay, 1718, for his opinion thereupon etc. [C.O.
5, 915. p. 266.] |
April 24.
Whitehall. |
160. Council of Trade and Plantations to the King. Recommend that H.M. declare his disapprobation of the Act of
the Massachusets Bay, May, 1718 for granting unto H.M.
several rates and duties of impost and tonnage of shipping. Continue: Contrary to the Acts of Trade 15 Car. II and 3rd & 4th
Annæ, this Act allows the importation of all sorts of wines and
commodities directly from the place of their growth, and charges
them with a double duty, if imported from this Kingdom etc.
It lays a duty of 1 p.c. on all English merchandizes, and not half
that on any other goods; and as a further discouragement to
the British Trade and Navigation lays a duty of tonnage on
all shipping, except that of the Massachusets Bay, and of some
few of its neighbouring Colonies etc. Forasmuch as this Act
seems designed to be an annual one, propose that the Governor
be enjoined forthwith to declare H.M. disapprobation, in case
it shall have been re-enacted this year etc. And to prevent so
pernicious a practice for the future, that H.M. Governor represent to the Council and Assembly, that as the power of making
laws granted to them by their Charter is restrained to the
condition, that such laws shall not be repugnant to the Laws
of this Kingdom, they will do well to consider how far the
breaking this condition and the laying any discouragements
on the shipping and manufacture of this Kingdom, may endanger their Charter, and that the Governor be reminded of
his Instructions etc. Set out, A.P.C. II. No. 1315 q.v. [C.O.
5, 915. pp. 267–270.] |
April 24.
Portsmo. in New Hampshire. |
161. Mr. Bridger to Mr. Popple. The winter being over
and the people in a litle better order etc., reports:—I have kept
the woods from being destroyed this winter, which was
threatened to be destroyed at their pleasure, as they gave out
some time agoe. This arose from that pernitious disloyal
principle and opinion of Mr. Cook's that H.M. has no right or
title to the woods here, wch. is so agreeable to the interest of
thoese people, that it has prevailed as a general and recd,
opinion thro' the country: and unless a great care be taken;
and more power given the Surveyor, the woods will suffer etc.
The Province of Main is 100 miles long and produces not only
great numbers, but good and large mast trees, and easie for
transportation. In this province there are now seteling some
hundreds of people, and hundreds more are expected from
Ierland this summer, wch. will very soon destroy all the pines
in that Province. The other parts of this country now in time
of the Indian peace are enlarging their setelments up into the
woods above their old lines, wch. I have always deemed to be
H.M.'s and have preserved them as such etc. This country has
increased in people more in the last 7 years than in 20 before etc.
Upon seteling of any new part, the first care is to build saw-mills,
and they destroy all the large and best trees first etc. It will
be impossible for one officer, more particularly for one stranger
to preserve all the mast trees in so great an extent etc. Upon
these considerations he has resolved to stay, the Governor having
given his opinion that it was of absolute necessity, till a person
arived to superseed him etc. Signed, J. Bridger. Endorsed,
Recd. 22nd, Read 23rd July, 1719. Addressed. Sealed. 2 pp.
[C.O. 5, 867. No. 42; and 5, 915. pp. 298–300.] |
April 24.
Whitehall. |
162. Council of Trade and Plantations to Governor
Hamilton. We are now to answer your letters of 10th Sept.,
14th and 20th Oct. and 4th Nov. last. We have laid before
H.M. the accounts you sent us of the English ships taken by
the Spaniards at Saltertudas. We send you a copy of the
Memorial of the Danish Envoy desiring assistance for St.
Thomas etc. (31st Dec., 1718) and our letter upon that subject
(3rd Feb.). H.M. has been pleased to appoint Messrs. Duport,
Pain, Garnet and McDowel, to be members of the Council of
St. Christophers (v. 23rd Jan.), and to restore Col. Morris
to his place in the Council of Antigua. We do not think it
proper to recommend Colo. Valentine Morris, as you desire,
to be a Member of the Council in each of the several Islands
under your Government. This distinction seems to belong
only to the Lieut. General of the said Islands. The Minutes
of the Council and Assembly of Antigua, mention'd in your
letter of the 4th Nov. as having been transmitted with it, were
not brought to our Office in some time after we had recd. that
letter; We still want the Minutes of Council and Assembly
of the three other Islands under your Government as well as
sevel. other accounts which you are requir'd by your Instructions to transmit regularly to us, and which we hope you will
be very carefull and exact in doing for the future, that we may
not be under a necessity of representing to H.M. your neglect
of this part of your duty and that you may not have the least
doubt what those accompts are, which we expect, we desire
you will consider the following Articles of your Instructions.
By the 22nd Article you are requir'd to transmit over hither
authentick copies of all laws that are in force and that have
not yet been sent, as also authentick copies of all such laws
as shall be made for the future, within three months or by the
first opportunity after the passing thereof; This has not been
observ'd for we find many laws wanting in our Office, as we shall
more particularly explain hereafter in the Article relating to
the liquor and powder Acts. By the 23rd Article of your
Instructions you are requir'd to send us your observations upon
all laws that you shall pass. This Instruction you were put
in mind of by our Secretary's letter of 24th Oct., 1717; it is
absolutely necessary for us to know the particular reasons for
passing each law. You are also requir'd by the 24th Instruction to send over a compleat collection of all the laws in force
in each Island (of which you were reminded likewise by our
Secretary's foresaid letter) the Collection we have, being very
imperfect, and in a very confus'd method; And therefore that
such collections may be of use, you are to take care (as you
have been formerly directed) that the Laws of each Island be
in a separate volume by themselves and that the laws of the
Genl. Assembly of the four Islands, be also in a volume by
themselves. The 34th Article directs upon pain of H.M.
highest displeasure, that you transmit every half year or oftener
fair books of accompts of all payments and receipts of publick
money. This we desir'd of you by our letters of 4th of August
1715 and 4th Octr. 1717, and our Secretary reminded you of
the same, 24th Oct. 1717. However we have not receiv'd
any such accounts from you. You say indeed, 10th Sept.,
that you have often recommended this matter to the Councils
and Assemblys but have not been able to get the accounts
from them; We can't think this a satisfactory answer to us
because we do not see there was a necessity of applying to the
Councils and Assemblies about that matter for you shou'd have
given your orders to the respective Treasurers or Receivers
of each particular grant of the Revenue, who seem to be the
proper persons to make out such accounts, as also to make up
the ballance of the receipts and charges or expences of each
particular Government; and therefore we must insist upon it
that you comply with this Instruction without delay. By the
41st and 42nd Articles you are to send Journals of the Councils
and Assemblies. In your letter of 10th Sept. last, you say
you had sent us an accompt of the imports from the Maderas,
but no such accompts were inclos'd in that letter of yours nor
have we as yet receiv'd them. We must further put you in
mind, that you have not hitherto comply'd with the 43rd, 51st,
59th, 60th, 69th, 70th, 72nd, and 74th Articles of your Instructions. As it is necessary that we shou'd be particularly informed of ev'rything relating to your Government, we must
further remind you of your 40th Instruction relating to escheats,
and to the 76th relating to the transmitting Naval Officers
Accounts, tho' you say 10th Sept. that there have been no
escheats since your Government, and that you have only confirm'd what had been granted by former Governors, yet you
ought to have sent us an accompt thereof, that we might be
informed how and to whom the lands or estates, that have
been escheated to the Crown, have been dispos'd off. We
reminded you, 4th Aug. 1715, of your 59th Instruction requiring
an accompt of the number of white men etc. in each Island etc.,
to which you say, 5th July, 1717, that it was impossible for you
at that time to give a distinct and satisfactory answer; However we shall expect to have it by the first opportunity. Refer
to Representation upon Act for laying an additional duty on
wines etc. (Dec. 24, 1718). Continue: When H.M. pleasure
is declar'd thereupon, we shall write to you more particularly
concerning this Act; in the mean time we shall only observe
that this Act revives an Act pass'd in 1717 with the same title,
which has not been sent to us, and therefore for that reason
alone, we coud not have laid it before H.M. for his approbation;
We have no Acts in our Office for levying of money or for laying
duty's for the publick charges of the Government since those
which expir'd in 1716; But we find by the Act of 1718, that
there was a liquor Act as aforesaid pass'd in 1714, which has
not been sent to us. Wee have not laid the Powder Act before
H.M., because it revives a former Act pass'd in 1714, wch. wee
had not in the Office nor did we know the contents of it till we
receiv'd a copy of it with the duplicate of your letter of 14th
Oct. last. But that copy not being under the Seal is not
authentick, besides as this Act is liable to some objections,
which are the same as those we laid before H.M. against the
Additional Duty Act, H.M. determination on this Act will
serve for your direction about the powder Act. We have
examin'd the accompt of the present state of the French part
of St. Christophers, but cannot well understand some of the
Articles, particularly in the column of Town Lands: we find
that several persons have the lands granted to them by feet.
For instance James Milliken has 64 and 84 wch. we suppose
must mean 84 feet long and 64 broad. But then Jno. Newth
has 5460 without mentioning any breadth; whether that is
intended to mean, so many feet square, we do not know. We
hope to receive from you a more ample and exact accompt
of these lands. We have one thing more to desire of you,
which is that all your letters and packets, laws, journals, etc.
intended for us, be transmitted directly to us at our Office and
not sent under cover to private hands; For besides the
inconvenience there may be by such persons keeping letters
longer than they ought, as has happend in the case of your lre.
of 26th Oct., which we receiv'd not till the 23rd Dec. and
after the receipt of your letter of the 4th Novr., there may
happen sevl. other inconveniences by that means. [C.O. 153, 13.
pp. 395–404.] |
April 24.
Whitehall. |
163. Mr. Popple to Governor Hamilton. Besides what
the Lords Commissioners for Trade have writ you this day, I
am to take notice of one thing which may often be attended
with ill consequences; and that is that some of the Govrs. in
the Plantations have sent to their Agents here exact copies of
the letters they write to the Board whereby it has sometimes
happend that these Agents kept in their hands the packets
intended for the Board and petition'd the King for some
particular thing mention'd in the letters whereof they had
copies; and the thing has been granted before the Board have
seen the letters to them on that subject. And at other times
some parts of such letters have been printed in the Newspapers
before the Board have seen them. This you will easily believe
ought not to be done. 'Tis true indeed all Agents ought
to be thoroughly instructed in the particulars of the Government they represent which may easily be done without giving
them transcripts of the letters from the Governours to the
Board. This I thought necessary to advise you of as a Friend,
that you might not at any time do the same thing. There
is a private Act of Antegoa, to enable Arthur Freeman etc.,
which lies by unconfirm'd, because there is no body here that
applies on the behalf of the persons concern'd to have it
laid before the King. Mr. Nivine indeed did desire to have
it confirm'd but then he declar'd that he was not authorized
by the persons, interess'd in the Act for so doing. And
therefore their Lordps. have thought fit to let it lye by till
some person authoriz'd do appear for it. Upon this occasion,
I must observe that it will be necessary for the future, that
when any private Bills are sent over, the persons concern'd
in those Acts, do appoint some others here to sollicit the dispatch
of them, otherways they will be laid aside till that be done.
[C.O. 153, 13. pp. 405–407.] |
April 28.
South Carolina. |
164. Extract of letter from Col. William Rhett to his son
William Rhett junr. in Londo. Some time after our Assembly
broke up two or three of the Creek Indians that were related
to the Huspaw King (who first began the Yamasee warr) proposed that if we would send a small party of men wth. them to
St. Maries (wch. is a small place near St. Augustine) they were
assured they could prevail wth. the Huspaw King to desert the
Spaniards and bring over the Yamasee Indians with him to
come and make a peace wth. us and returne to their former
obedience under this Government. Collo. Barnwell undertook
the management of this affaire and with a small party of men
went with the three Indians to St. Maries and sent them into
St. Augustine etc. Refers to following. Endorsed, Recd. 7th,
Read 15th July, 1719. 1 p. Enclosed, |
|
164. i. Extract of letters from John Barnwell to Governor
Johnson. April 20, 1719. St. Maria. The three
Creek Indians I sent to St. Agustine are returned,
haveing fled out of St. Augustine, and haveing found
ye Huspaw King in such a temper, that they durst
not deliver their errand; the Spaniards haveing made
him Chief Generall of 500 and odd Indians to come
immediately against us, he was carried about ye town
in triumph with drums and trumpets before him,
and they had received their ammunition, and was
to set out on the 21st instant by water, haveing sent
70 by land wth. 30 warriers to fall upon Pon Pon,
and there is 30 more to follow wth. 7 Spanish horsemen, or mulattas to head them, but ye main strength
is to come by water, but they can't tell wether
Spanyards come with them. One of these Indians
being a relation to ye Huspaw King thought he could
sound him, but found him threatning us to that degree
and yt. he and all his people were drunk, and makeing
merry, that he durst say nothing to him, but was so
strictly examined, that so soon as 'twas night they
fled. There is but one small sloop in their harbour, and
they have withdrawn their look outs, and settlements
within hearing of their turn, they know that we have
warr with them, and tell ye Indians we are ye
greatest enemies they have, and yt. they will buy our
heads and horses at ye same price. You will find yt.
by this account our Southward will be exposed to
dreadfull depradations, I beg yr. Honrs. assistance,
suddenly there being no time to spare. I send ye
whaleboat by sea, but come within land myself in
my cannoe to allarm ye settlements. I am so fatigued,
and ye merrywings torments me to that degree while
I write upon my knees, that you may well excuse any
imperfection. P.S. I ordered ye whaleboat to put
in at Port Royall and send a cannoe to Wilton or
Palmer, where they are to get a horse. Pon Pon
I fear much because I perceive ye smoaks of ye land
parties to be a head of me this day. Signed, John
Barnwell. Copy. 1 p. Overleaf, |
|
164. ii. Same to Capt. Beamour. 21st April. Send this
[i.e., preceding letter. Ed.] away immediately. Let
young Bryan go to Combee to save his father's slaves,
write a letter to Capt. Jackson and Major Cockrane.
I beleive ye best way is to send ye express to Palmers.
I hope to be in five days after to-day at home, if God
permit, for I will come night and day; but ye
whaleboat may be with you in 24 hours. Get ye
inhabitants in armes, and send to Bennets Point for
corne in time. Copy. ½ p. (v. 28th April). [C.O.
5, 1265. Nos. 127, 127, i., ii.] |
| [April 28.] |
165. Anonymous paper objecting to the New York
Act for paying debts, etc. 6¾ pp. [C.O. 5, 1051. No. 90]. |
| [April 28.] |
166. Governor Hunter's Order to the Justices of
Suffolk County. The signers and promoters of the petition
to H.M. are to be apprehended and sent to me in Council
etc. Nov. 29, 1717. Signed, Robt. Hunter. Endorsed,
Recd., Read 28th April, 1719. Copy. 1½ pp. [C.O. 5,
1051. No. 91.] |
April 28.
Jamaica. |
167. Governor Sir N. Lawes to the Council of Trade and
Plantations. Acknowledges letter of 5th March. I have given
H.M. Attorney General the necessary orders to prosecute the
affair [of the money due to the Victualling Office], etc. Refers to
enclosed reply relating to M. Bonfils. (No. i.) Continues: in
which your Lordships will please to observe the difficulty we
lye under in prosecuting the offenders in order to render satisfaction to the sufferers. I shall do my utmost to comply with
H.M. pleasure in every particular. But I should be glad your
Lordsps. wou'd do me the honor to explaine in a fuller manner
how H.M. pardon to the pirats is to be understood. I have told
Mr. Bonfils and other sufferers that whatever goods or effects
can be proved to be in the hands of any persons under my
Government which they can anyways legally claim, that in
such case wherever it appeared I would do them all the service
in my power to obtain restitution. But your Lordships will
please to consider that if the pirats after they have received
H.M. pardon for the offence and have not wherewithall to make
satisfaction to those they have injured should be clapt up in
goal, it would render H.M. gracious intentions towards them
in a great measure ineffectual and deter others from coming
in, and I am really persuaded the prosecution which has already
been commenced against Jennings has had a bad effect not one
of the pirats having surrendered to me since that time. The
Council of War (v. 24th March) mett on the 7th inst. A coppy
of my speech to them I send you inclosed: the majority were
of opinion that there was no emediate occasion for putting
Martial Law in force. Some days agoe Mr. Daniell who acted
as Secretary of this Island, died. I have appointed Mr. Baillie
to fill up that vacancy (in the manner prescribed by my instructions) till H.M. pleasure be further known, and I make no
question but he'l give intire satisfaction and prove a good
officer, having behaved himself well ever since I have known
him, and as he brought me a letter of recommendation from
your Lordsps. etc., so I hope what I have done for him will be
intirely agreable to your Lordsps. There has little else
material hapned since my last, only that I have just now received
the news of one of our privateers having taken a Spanish
privateer and brought her into a harbour on the North side of
this Island. I am sorry I have it to say, that H. M. ships of
war attending this Island have either been so stationed as
not to have been in the way of the pirats and Spaniards, or
else have had the misfortune not to meet with them. Signed,
Nicholas Lawes. Endorsed, Recd. 22nd, Read 26th June,
1719. 5 pp. Enclosed, |
|
167. i. Extract of letter from Governor Sir N. Lawes to
Mr. Secretary Craggs, Jamaica, 28th April, 1719.
I have had delivered to me by M. Bonfils your letter of
25th July etc., relating to the capture of the L' Aimable
Marie said to have been taken by five vessels belonging
to this Island, one of which only appeared upon
examination to have had a Commission from the Lord
A. Hamilton (vizt.) Henry Jennings, who gave bond
in £1,500. The others having had no commissions
consequently gave no security etc. But before I
received H. M. commands relating to Mr. Bonfils,
another French gentleman one Le Gardeur who had
likewise been a sufferer by Jennings and had been for
some time in this Island solliciting for restitution
petitioned me in Council to have his bond delivered
up in order to be put in suit, which upon proof made of
his losses before us, it was accordingly delivered to
him and judgment was obtain'd thereupon in the
Supream Court of Judicature, from which judgment
Jennings has appealed to me in Council, and the suit
is now depending: His lawyers seem to be of opinion
that as the bond was given to the King, the same is
forgiven and included in H. M. pardon which Jennings
pleads. I cannot yet informe you how this matter
will be determined in Council. But I am afraid the
steps which have been already taken with Jennings,
which in justice to the sufferers I could not denye,
has in some measure rendered H. M. gracious intentions
to the pirats ineffectual etc., as in preceding, so that I am
really apprehensive that prosecutions of this nature may
be of dangerous consequence to the publick, and make
the pirats desperate who are yet out in great numbers.
On the other hand, certain it is, that M. Bonfils and
others have been very great sufferers by them. But
as H. M. has been graciously pleased to forgive the
offence, and they having nothing wherewithall to
make satisfaction, I shall advise with the Council
and the Attorney Genll. the propperest measures
to be taken with respect to such prosecutions that
H. M. intentions may be rendred effectual, and I shall
likewise do Mr. Bonfils and the other sufferers all the
service in my power. Same endorsement. 3½ pp. |
|
167. ii. The Weekly Jamaica Courant, Numb. xlvii.
April 15, 1719. Reports proceedings of a Council
of War held 7th April, which rejected H. E.'s proposal
to put Martial Law in force, in view of the declaration
of war with Spain etc. Printed. 4 pp. [C.O. 137,
13. Nos. 31, 31 i., ii.; and (without enclosures) 138,
16. pp. 215–219]. |
April 29.
Whitehall. |
168. Council of Trade and Plantations to Governor Johnson.
Acknowledge letter of 18th June and 12th Dec., 1718. Continue:—We have not received any letter of 21st Oct. last referred to
in this last. Your accounts relating to the pirates were transmitted to Mr. Secretary Craggs, and your request that a ship
of war may be sent for the assistance and protection of your
Government having been recommended by us quote Admiralty
No. 155. We should be glad to have answers from you
to the enclosed questions, Annexed, |
|
168. i. Queries to Collo. Johnson (i.) We desire you to
inform us as particularly as you can of the present
state of the Province of Carolina. (ii.) What number
there is of inhabitants? How that number is increased
or decreased of late years? and what is the number
of the Militia? What forts or places of defence are
there in the province, and in what condition are
those forts? (iii.) What is the strength of the
several Nations of Indians in the neighbourhood of
Carolina? and are there inclinations for us or for
the French or Spaniards? (iv.) What is the condition
of ye Spanish settlement at St. Augustine? What
advantage might it be to the Government of Carolina
to have this place taken from the Spaniards? and by
what means this might be most easily accomplished?
(v.) How the French settlements on ye River Missisippi
may affect the people of Carolina? whether they have
seized the Fort of Pancicola, belonging to the Spaniards
and what can be done to prevent any hazard or inconvenience Carolina may be exposed to from these
settlemts.? (vi.) What trade is there in that Province
by exportation or importation? How and in what
particulars is the trade thereof increased or decreased
of late years, and what hath been the reason of such
increase or decay? (vii.) What number of ships or
other vessels are there belonging to the Province,
where built, and what number of seafaring men?
(viii.) What manufactures are settled there, of any
sort whatsoever. Are there any mines and of what
sort? [C.O. 5, 1293. pp. 169–171). |
April 29.
St. James's. |
169. H. M. Grant to Robert Cunningham and Judith
Elizabeth, his wife, of the land in St. Kitts granted to Elizabeth
Salenave, her mother, who bequeathed it to them, but died
before the Governor passed the patent granted to her for the
same, 8th Sept., 1716. (v. C. S. P., 5th May, 1714, 13th May,
1715, etc.) Countersigned, J. Craggs. [C.O. 324, 33. pp. 222–227]. |
April 30.
Whitehall. |
170. Mr. Popple to Mr. Lowndes. Desires 50 printed
copies of the Act passed in the last Sessions of Parliament
in which is the clause relating to pitch and tar, in order to be
sent immediately to such of the Governments in America
where those commodities are produced. [C.O. 389, 27. p. 108]. |
| April 30. |
171. Governor Philipps to the Council of Trade and Plantations. Since I had the honor of wayting on your Lordships
yesterday, have seen Mr. Craggs, who has appoynted Monday
next for considering the state of Nova Scotia etc. Signed,
R. Philipps. Endorsed, Recd., Read 30th April, 1719. 1 p.
[C.O. 217, 2. No. 65; and 218, 1. p. 397]. |
April 30.
Whitehall. |
172. Council of Trade and Plantations to Mr. Secretary
Craggs. Having lately received letters from Lt. Governor
Doucett, and been attended by Governor Philipps, who prays
to be dispatched to his command; we desire you will move
H.M., that his royal pleasure may be declared upon our Representation of 30th May. We have little to add to it, but the
inclosed extracts from Cap. Doucett's and Cap. Aldridge's
letters will shew how necessary it is some directions be immediately given on the points laid before H.M.; more particularly
as to the sending a Commissary in order to the settlement of
ye bounds of that Province, and a man of war for preventing
the illegal trade complain'd of in the sd. extracts which the
French at present carry on; and to protect ye trade and fishery
of H.M. subjects there. As to the presents expected by the
Indians, we were of opinion in our former report, that there
would be no great necessity of sending them till Col. Philips
should have been settled some time in the Governmt. there,
but since the making of that report, being informed by repeated
advices from those parts that the Indians have been given to
hope that we shall treat them at least as well as the French do,
who have gained and keep them in their intrest chiefly by
presents, we would submit to H.M. whether it may not be for
his service, that some cloathing and utensils of small value,
should be sent with Col. Philipps, to be distributed to the Chiefs
of the Indians if he shall judge it necessary as an earnest of
ye favours they may expect on their dutiful behaviour towards
H.M. and his Governmt. there. P.S. Enclose papers received
from Governor Philipps since the writing of what is above.
[C.O. 218, 1. pp. 398–400; and (duplicates of Nos. 129. i.,
137. v., vii., 102. i., and July 23, No. i; and C.S.P. 1718,
Dec. 13th, covering letters and enclosures Nos. i., iii., v.; and
Nos. 565. v, 635. i.) 217, 31. Nos. 16, 16. i–xi.] |
