|
| [July 14.] |
300. Draught of Instructions for Governor Philipps, with
notes and corrections by [? Mr. Secretary Craggs]. 7¾ pp.
[C.O. 217, 31. No. 21]. |
| July 14. |
301. H.M. Instructions by the (Lords Justices) to Governor
Philipps, with Instructions relating to the Acts of Trade and
Navigation. [C.O. 5, 189. pp. 417–461]. |
July 15.
Whitehall. |
302. Mr. Popple to Mr. Delafaye. Encloses extracts of
letters relating to new attempts of Indians and Spaniards
against Carolina, dated in April, to be laid before the Lords
Justices. [C.O. 5, 1293. p. 217]. |
| July 15. |
303. Invoice of goods consigned to the Governor of New
York, being part of H.M. present designed for the Five Nations
of Indians. Endorsed, Recd. 15th July, Read 4th Aug., 1719.
1 p. [C.O. 5, 1051. No. 95]. |
| July 15. |
304. Mr. Popple to Mr. West. Desires to know whether the
debentures to be issued for the relief of the sufferers at Nevis
and St. Christophers that have duly resettled on either of
those islands, pursuant to an Act pass'd the last Session of
Parliament, ought to be on stamp(t) paper. [C.O. 153, 13.
p. 421]. |
| July 16. |
305. Mr. West to Mr. Popple. Reply to preceding. I do
not conceive it to be necessary etc. Signed, Richd. West.
Endorsed, Recd. 17th, Read 21st July, 1719. 1 p. [C.O. 152,
12. No. 145]. |
| July 16. |
306. Mr. Secretary Craggs to Governor Shute. Encloses
Order of Lords Justices in Council, 26th May, repealing Act
of the Massachusetts Bay granting unto H.M. several rates
and dutys of imposts and tonnage of shipping, 1718. Continues:
Their Excellencies in Council order me to signifie to you, that
considering this Act is repugnant to the Laws of this Kingdom
(by which the Plantations are and ought to be bound) and for
as much as it seems design'd to be an annual one, you are, in
case it shall have been re-enacted this year before you receive
these orders, forthwith upon receipt hereof, to declare their
Excellency's disapprobation of the said Act, and not to permit
the same or any part of it to be put in execution. And to
prevent so pernicious a practice for the future, their Excellencies
do also direct you to represent to the Council and Assembly
of that Province, that, as the power of making laws, which was
granted to them by their Charter from their late Majesties
King William and Queen Mary is restrain'd 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 manufactures of this Kingdome may endanger their Charter.
And I am at the same time to put you in mind of the obligations
you lye under by the oath you took before your entrance on
the Government (in pursuance of a clause in the Act for preventing frauds etc. in the Plantation Trade) to put the laws of
Trade and Navigation in due execution, as well as by H.M.
Instructions to you of the 27th Sept., 1717, not to pass any
Act, which may affect the trade or shipping of this Kingdom,
without a clause therein to be inserted, that the said Act shall
not be in force, untill the same shall be approved and confirmed
by H.M. his heirs and successors. And in the last place,
I am to informe you, that their Excellencys are extreamly
dissatisfied with your conduct in consenting to the passing
an Act so contrary to your Instructions, and to the laws and
interest of England. Signed, J. Craggs. Annexed, |
|
306. i. Order of Lords Justices in Council, 26th May,
1719, referred to in preceding. [C.O. 324, 33.
pp. 239–242]. |
July 16.
Newhampsh. |
307. Robert Armstrong to the Council of Trade and
Plantations. Returns thanks for letter etc. Continues: The
great disapointment officers in ye Plantations meets with from
home, by not answering their letters, in order to obtain suitable
measures to prevent abuses, is a discouragement and disables
them from doing their duty, etc. Mr. Burniston has sent me
his deputation for Deputy Surveyor of H.M. Woods, but
not sending over his Commission, wch. ought to be published
in ye severall Governments before I can be qualifi'd to act,
ye power is at present wholly invested in Mr. Bridger etc.
It was alwayes the oppinion of the Lords of Trade and Treasury
at home, that the Collector of Newhampsh, was the most proper
person to take care of H.M. woods, etc. Signed, Rot. Armstrong.
Endorsed, Recd. 10th, Read 23rd Sept., 1719. Addressed.
1 p. Enclosed, |
|
307. i. (a) William Blathwayt, Auditor General of the
Plantations, to [? Lord Godolphin] Whitehall, 11th
Jan., 1709(10), Recommends the appointment of
Robert Armstrong as deputy to take care of the
woods in New Hampshire in Mr. Bridger's absence etc.
(b) Lord Godolphin to John Bridger. Whitehall,
20th Feb., 1709(10). Recommends Armstrong
as preceding, "if you have noe objection," etc.
(v. 16th Sept.). Signed, Godolphin. 2 pp. [C.O.
5, 867. Nos. 52, 52. i.] |
July 16.
Whitehall. |
308. Council of Trade and Plantations to Governor Shute.
Enclose representation and Orders in Council for repeal of
Acts of New Hampshire, 1717, for the relief of ideots, providing
for posthumous children, and against high treason. As to the
other Acts passed in the same year, we have had them under
our consideration, as likewise some passed in 1716. Four, we
find, are now expired, and judging the other 24 not to require
the being immediately laid before H.M. for his confirmation or
disallowance, we shall let them lie by as probationary for the
present, and in the meantime shall expect your observations
as to the good effect or inconveniences in the execution of any
of them: But we must particularly take notice concerning
the Act, 1714, directing the proceedings against forceable entry
etc., that 14 men thereby appointed to be a jury, is not agreable
to the laws of England, which constitute 12 men to be a jury,
and that the number of 18 freeholders to be returned by the
Sherif, pursuant to this Act, and out of which such jurys are
to be taken, is too small; which you will therefore do well
to get rectifyed by another Act for the like purposes. We have
likewise received 38 Acts passed at New Hampshire in 1718,
which we shall consider off. Annexed, |
|
308. i. List of 24 Acts, New Hampshire, 1714, lying by
probationary. [C.O. 5, 915. pp. 290–294]. |
| July 16. |
309. Lords Proprietors of Carolina to Governor Johnson.
We do once more strictly enjoin you to transmit or cause to be
transmitted to us all such acts of Assembly under the publick
seal, as have been confirm'd by us or any of our predecessors
pursuant to the tenor of the 4th Article in your Instructions;
We desire you wou'd send them over by the first opportunity
etc. You desire in your letter to us that Mr. Gibbons may have
some satisfaction made to him for his house, which the Govr.
and Council have sat in for some time; We think it proper to
inform you, as we have formerly done, that when the Assembly
shall be legally settled, we shall be very willing to comply with
them in any Acts for the better support of the Government
and the incident charges belonging thereunto. Mr. Yonge has
requested of us that proper officers may be settled at the Port
of Beaufort, etc. We have not as yet sufficiently consider'd of
that matter, and will take further time to give you our answer.
We have order'd that a copy of the complaints against our
Chief Justice Trott by Mr. Allen, Whitaker and others practitioners of the law be forthwith made and sent to Mr. Trott,
that he may have an opportunity to justify himself as far as
he is able. Signed, Carteret, Palatin; M. Ashley, J. Colleton,
J. Danson. [C.O. 5, 290. pp. 144–146]. |
July 16.
Whitehall. |
310. Mr. Delafaye, Secretary to the Lords Justices, to
the Council of Trade and Plantations. The Lords Justices
having appointed Martin Bladen, Esqr. to go to the Court of
France to settle such matters relating to the respective limits
of the Plantations of the two Crowns in America, and to the
different pretensions of the two Nations on each other in those
parts, as by the late Treatys of Peace and Commerce were left
undecided; their Excys. have directed that your Lordships
prepare the forms of such powers and instructions as you shall
think necessary for him in this behalf. Signed, Ch. Delafaye.
Endorsed, Recd. 17th, Read 21st July, 1719. 1p. [C.O. 323, 7.
No. 158]. |
July 17.
Boston. |
311. Mr. Bridger to Mr. Popple. Mr. Cooke now he is a
Representative labours with all his envie, subtilty, and intrest
to delude his fellow members, and by vile artifices has brought a
great number over to his oppinion, having lay'd a very long leter
before the House of Representatives and a memorial directed
to the Speker, wherein he wholely insists against the intrest
of the Crown etc., and denies all claime of the King in the woods
of the Province of Main. Mr. Cooke's arguments, as June 29,
No. 1, answered by Bridger as June 29. Continues: The
King's right was never called in question till Mr. Cooke (that
Incendiary) with unparlleld insolence, h[ad] endeavoured, to
poyson the minds of his countreymen, with his republican
notions, in order to assert the independency of New England,
and claim greater privileges than ever were designed for it
etc. I find the Governor never delivered my 2nd Memorial
(below) to any of the Council nor layed it before them nor the
Assembly etc., otherwise, Mr. Cooke had been long since
silenced etc. Signed, J. Bridger. Endorsed, Recd. 28th
Aug., Read 10th Sept., 1719. Addressed. 1 p. Enclosed, |
|
311. i. Memorial of John Bridger to Governor Shute.
Reply to Mr. Cooke as above etc. 5th July, 1718.
1 p. [C.O. 5, 867. Nos. 49, 49 i.]. |
July 17.
Province of New Hampshire in New England. |
312. Lt. Governor Wentworth to the Council of Trade
and Plantations. I have wrote to your Lordships three times
since the receipt of my Commissn., as yet I have not been
favour'd with your Lordships commands' wch. I shall at all
times gladly receive and doe my utmost endeavours to promote
anything that may have a tendency to advance ye intrest of
Great Brittain. The late Act that was passing for a generall
prohibition of the manefacturing of iron in ye Plantations,
put all thinking men at a stand what to doe or say. Indeed
had ye Act pased, it would have so crampt the Plantations
and N. England in particular, that it would have been morrally
imposible for us to subsist, for we have many things that are
wrote in iron wch. must be made by moulds to fitt ye place
they are design'd for, and should we be obleiged to send these
moulds for Great Brittain the freight and transportation
would be more then the first cost, and affter all it might not
fitt ye purpose it was designed for and further it is very evident
yt had or should such an Act pass, we cannot build a ship in
all ye Plantations. I beg yr. Lordships patience to instance in
one particular, wch. is in ruder irons for a ship yt. is built in ye
Plantations. I say that all the carpenters and smiths in Great
Brittain cannot make a sett of ruder irons to fitt a ship thats
built in ye Plantations etc. Argues that thus the export of woollen
manufactures would be much lessened, and "that it cannot be for
ye interest of Great Brittain to cramp a Plantation that is soe
capable of serving their mother Great Brittain as N. England
is" etc. Our labour is so deare that we cannot make that progress
as otherwise we might. Last May Session we passed two Acts
for ye incouragement of Navall stores and particularly hemp.
I spake to Mr. Bridger, our Surveyor Generall of H. M. woods
to pray your Lordships favour in giveing this Province of New
Hampsheire 100 bushells of good new hemp seed to be distributed among such of ye inhabitance as was most likely to
propagate it etc. H. M. woods will suffer if a Deputy is
employed instead of the Surveyor General etc. Signed, Jno.
Wentworth. Endorsed, Recd. 9th Sept., 1719, Read 5th July,
1722. 4 pp. [C.O. 5, 868. ff. 232–233 v., 236 v.]. |
July 18.
Province of New Hampshire in New England. |
313. Lt. Governor Wentworth to the Council of Trade
and Plantations. Yesterday came to my hands a letter dated
April 12th with a complaint against mee wch. at first did a
litle surprize me, but when I considered the matter, I was
very well asured it was Mr. Vaughan who I succeeded in the
Lieuftency of this Province etc. What my friend writes me
is that theire is an information against me that I have and do
still carry on a trade with Capt. Macpheadnis by sending large
ships to Cadiz with Navill stores and provisions etc. Refers
their Lordships to Mr. Dummer for affidavits and certificates
and declares that he was never concerned with Capt. Macpheadnis
except in the case of one sloop of 70 tons which cleared for
Cadiz with 200 spruce poles and 35 small standards on Oct. 5th.
Why the informer should mention provitions is very wonderfull,
everybody here knows they cannot be carried from hence to
Spaine but with more than 100 p.c. loss etc. My carrecture
is well known on the Exchange of London etc. Protests his
innocence of any breach of the Acts of Trade etc. In August
last an information came to me that Capt. Macpheadnis had
taken on board some masts bigger than what was usually
shipt. I immediately ordered that they should be taken out
again, and summoned Mr. Bridger from Boston and they were
sold and shipped to London etc. Signed, Jno. Wentworth.
Endorsed, Recd. 9th Sept., 1719, Read 5th July, 1722. 2½ pp.
[C.O. 5, 868. ff. 234–235 v.]. |
July 18.
Whitehall. |
314. Mr. Secretary Craggs to Governor Rogers. Acknowledges letters of 2nd Feb., 3rd March and 27th May, with
enclosures. Continues: All which have been laid before the
Lords Justices, who very well approved of all your proceedings.
Their Excellency's directed the several paragraphs of your
letters, in which you make mention of your Colonys being
neglected by the men of war, to be sent to the Lords of the
Admiralty, and that the Governor of Jamaica should be writ
to, in relation to what past betwixt a privateer of that Island
and one belonging to your Government. George Bounsivell
the Pyrate whom you reprieved is represented to H. M. as an
object of mercy. I wish you success and shall be glad if I can
any way contribute to it etc. Signed, J. Craggs. [C.O. 324,
33. p. 242]. |
July 18.
Whitehall. |
315. Mr. Delafaye to the Governor of Jamaica. Encloses
following. Concludes: The Lords Justices direct you to enquire
into this matter, and if you find it is as it is represented, to do
all in your power to have it redres't, and to prevent such proceedings for the future. Signed, Ch. Delafaye. Annexed, |
|
315. i. Deposition of Capt. South, Commander of the
private sloop of war Endeavour of New Providence.
v. 27th May, 1719. Copy. [C.O. 324, 33. pp. 243,
244]. |
July 20.
Antigua. |
316. Governor Hamilton to the Council of Trade and
Plantations. About three weeks ago I received your Lordships
letter of 24th April with a copy of the memorial by the Danish
Minister and your letter to Mr. Secretary Craggs etc. I am
extreamly thankfull, for if application should be made to me
by the Governour of St. Thomas, for anything of that nature,
I shall be the better able to give him an answer. I take notice
of the names of the gentlemen whom H. M. has been pleased
to add to the Council of St. Christophers as also of the restoration
of Colo. Thomas Morris to his place in the Council of Antigua,
to which I shall give all imaginable obedience, and tho I thought
the conduct and behaviour of Colo. Morris rendered him very
unworthy of the honor that H. M. has conferred on him, yet I
very chearfully submit, for I assure your Lordships I have no
resentment to any person whatever, neither have I any by
ends to manage; Those that behave themselves best for the
honor of H. M. and the service of their country will always be
best esteemed by me etc. I very readily submit to your Lordships' reasons for not recommending Colo. Valentine Morris
etc. (v. 24th April). But if your Lordships will be pleased
to look on the Instructions that were given to Sir William
Mathews, you will find that his brother Colo. Charles Mathews
who was but a private gentleman was appointed to be of the
Council in each of these Islands; so that distinction was not
confined to the Lieutenant General of the Islands; However
I don't presume to contest the matter with your Lordships, or
to say anything to reinforce my former recommendation.
I only mention this to convince your Lordships that my transactions in that particular was not without president. It is
with some concern that I observe the paragraph of your Lordships' letter, which says that the Minutes of the Council and
Assembly of Antigua, mentioned in mine of the 4th of Nov.,
was not brought to your office till some time after you received
my letter. I assure your Lordships their delay was not owing
to my intentions; However to avoid the like for the future,
I shall take care to address them directly to yourselves, tho
with submission I always apprehended it was proper for the
Agent to have waited on your Lordships with all things of that
kind as well as the Acts but since your Lordships think otherwise I shall conform myself accordingly. The same paragraph
of your Lordships letter lays me under inexpressible concern
in regard you thereby enjoyn me to perform certain Instructions
which were never done by former Governours nor indeed is
it almost possible for me to comply therewith, many parts of what
is enjoyned by my said Instructions being to be perform'd by
other persons, whom, it will be pretty hard for me to compell
to comply therewith in case they do not think proper to obey
what I direct in that matter; And first I must observe to your
Lordships that I do not see how I can oblige the Secretary to
furnish me with a Collection of the Laws, for as H. M. has been
pleased to grant Mr. Knights the office for life, it is to be doubted
whether or not I can suspend his Deputy if he refused to draw
the same which it is to be feared he will in regard I doubt the
country will scarce agree to raise a tax to pay for the same;
and for him to do so great a piece of work without any consideration would likewise be hard; but that nothing may be
omitted on my part to obey your Lordships commands I have
drawn orders to the Deputy Secretary of Mountserrat and this
Island for making out the said Collection, and supplying me
with copys of the Council Minutes and the other papers required
by your Lordships, but least they should refuse to comply
therewith I must request your Lordships to let me know by
the first conveyance what measures I must take with the said
officers etc. I have also caused orders to be drawn to the proper
persons for performing every other particular part of my
Instructions now recommended by your Lordships said letter,
and as soon as I can get the several papers and matters returned
they shall be transmitted to your Lordships. But I must still
fear that I must find it difficult to get a map of the Islands
drawn in regard it is a work that requires a pretty deal of
pains, and I doubt the Surveyors of the several Islands would
rather quit their places than do it without being paid for the
same, which will be a dilemma that I shall always be under,
for no one will accept of a post to have so much trouble without
profit, however I have issued orders for this particular likewise
and when I have a return your Lordships shall have the same.
I likewise observe that your Lordships have reported against
the Act for laying an additional duty on wines etc., as also
what you say about the Powder Act, which laws are really very
necessary for raising mony and powder for the service of the
Island; and since your Lordships have not thought fit to
approve thereof I believe the Assembly will submit to have the
clauses omitted which your Lordships report against, and will
when they know exactly your objections prepare bills accordingly
until when I omit enlarging on this head only to assure your
Lordships that if the liquor Act past in 1717 was not sent home
it was not through design but hurry for I happened to be at
Leeward when I assented to the same, and that afterwards to
have it published and recorded I sent it up to this Island from
whence it was omitted to be return'd so it has really lain in the
Secretary's Office ever since having slipt my memory etc.,
as well as another Act past at the same time for reinforcing
the former powder Act; However I herewith send them, and
have given directions to the Secretary for making out a duplicate
of the Powder Act past in 1714 which your Lordships shall
likewise have under the Seal assoon as I can get it from the
Secretary. That Act was past before my coming to the Government so the fault of the originals not being transmitted cannot
lye on me. Encloses copies of grants of lands to Major James
Milliken and Mr. John Newth etc., "being the only two parcels
which I conceive your Lordships have any doubt about."
Encloses answer to queries of Aug. 8th. Continues:—If I am not
so exact as you may desire it is because it is impossible for me to
be more distinct. As to that part of your letter of 8th August
desiring to know whether the soil of foreign Colonies where sugar
caines are planted be more valuable than that of H.M. Islands
under my Government and particularly whether the land of
Guardelope or Martinique be preferable to the lands in the late
French part of St. Christophers, according to the best account
I can gain the lands both of Guardelope and Martinique but
especially the latter is much more valuable and preferable to
that of St. Christophers it not being so large as either of those
Islands, the soil of each of which do at least equal if not exceed
that of any of the Islands under my Government etc. P.S.—Encloses Powder Act of 1714 received from the Secretary,
and a furlow for Lawrence Brodbelt etc. Signed, W. Hamilton.
Endorsed, Recd. 14th, Read 16th Sept., 1719. 6 pp. Enclosed, |
|
316. i. Governor Hamilton's answers to Queries of the
Board, Aug. 8th, 1718. (i) I have issued warrants for
taking a list of the inhabitants etc. (ii) It is impossible for me to be exact in answering for I have
no account of the last estimate etc. (iii) Several
inhabitants have removed from Anguilla and some
few from Antego Mountserrat Nevis and Saint
Christophers in order to settle on Crabb Island before
it was last invaded by the Spaniards, but they have
now left the same, and are returned some to one
Island and some to another, however they and many
others seem inclinable to remove to the other small
Islands for want of land in better places, which cannot
be prevented unless H. M. would be graciously pleased
forthwith to order some of the lands in the French
part of St. Christophers to be immediately distributed
among them, and more especially the inhabitants
of Anguilla who must desert that Island, it being so
barren that it will not produce Indian provisions
sufficient to support them. There are upwards of
1700 people on the Island including negroes; they
are very industrious and carefull and might be of
excellent use to this Government, could they be setled
on these Windward Islands; There are above a
hundred effective fighting men amongst them. I
have done all I could hitherto to prevent their leaving
the Island by assuring them that they should be
provided for (according to their Lordships directions)
assoon as the lands in the French part of St.
Christophers were disposed off; but the delays that
have happened in that matter make them so uneasy
that they talk of removing to the Bahamas or other
places. I shall still do what I can to divert them,
but I very much dispair of being able to keep them
long together on that Island; Some of them are
already removed, and come to Antego with their
family and effects and tis more than probable others
will follow; so the desertion of that Island seems to
be infallible; All my care shall be employed to prevent
their going to the Dutch or other foreign Settlements;
And therefore I shall chuse rather to encourage them
to come to Antego and these Windward Islands than
to think of using arguments to persuade them to
stay where they are, being assured any attempt of
that kind would prove prejudicial in regard they
seem to be dispirited, and almost out of hopes of getting
lands at St. Christophers; so that to mention it
again to them (unless I could at the same time give
them assurances when they might certainly expect
to reap the fruits of my promisses) would rather
hasten their departure to foreign settlements than
be a means of staying them on that poor Island.
(iv) These Islands have a pretty good trade with all
the Northern Colonys but particularly New York,
Pensilvania, Road Island and New England, to all
which places are exported the growth and produce
of these Islands especially rum and mallasses. The
importations are chiefly boards staves joysts hoops
planks shingles and corn with horses bread and flower.
We have also a good trade with Ireland from whence
we are supplyed with beef butter and certain linens
allowed to be imported by virtue of an Act of Parliament made in Great Britain in the reign of her late
Majesty Queen Anne; We have likewise a trade with
Madera for wines, and with the coast of Africa for slaves.
Our export to the first is inconsiderable, we not being
allowed to carry the growth of our Island to that
place; so that our wines are generally brought in
vessels, which touch there as they come from Great
Britain, Ireland or the Northern Colonys; our export
for Africa is chiefly rum, and as to the rest of our
trade it is altogether confined to Great Britain, from
whence we receive our other supplys, and to which
we transport the rest of our commodities, except
what is carried off by illegal traders about which I
shall speak more fully. (No. vi). (v) The branch in
which these Islands have of late years been most
sensibly affected has been the decay of their negro
trade. The numbers that are now imported are not
near what they were formerly which not only obliges
the planters to give greater prices for them than what
they heretofore did; but is a great hindrance to the
improvement of the Sugar Plantations, by which means
H. M. Revenue is not augmented as it might be, all
which I conceive to be owing to that trades being
managed by private persons, who always seek more
their own benefit than the publick interest. I know
this matter has been already debated in the Parlia
ment of Great Britain, and much said thereon of both
sides, but in my humble opinion, that trade must
fail (and the Sugar Colonys consequently sink instead
of encreasing) if it be not managed after a different
manner than what it is at present, and for my own
part I cannot think that it ever can be so well carryed
on by private hands as by a Company. However
I submit it to better judges, but if some expedient be
not very speedily proposed for supplying us with
negroes, these Islands and indeed all the Sugar
Plantations will very soon find the fatal effects
thereof. (vi) The Custom House Officers are strictly
enjoined to be very diligent and circumspect in
preventing all illegal trade by seizing whatever
prohibited goods they can find; but nevertheless
it is very much to be suspected that the French do
drive a considerable clandestine trade in these Islands,
and that they do not only supply the inhabitants
with their commodities of brandy and claret but
that the Dutch from St. Eustatia do even supply
them with their negroes and dry goods, and that for
payment thereof the sugars are sent down to them
from these Islands especially St. Christophers, whereby
H. M. is defrauded of his dutys and the prices, or at
least the consumption of the English manufactures
is considerably lessened; which cannot be prevented
unless H. M. would be pleased to send out a couple
of good sailing sloops to be constantly imployed in
cruising about our shoars. (vii) This will be fully
answered by the Naval Officers Lists of ships trading
to and from these Islands, which I have ordered to
be drawn, and shall take care to send them quarterly.
(viii) There are no manufactures whatsoever setled
in these Islands to my knowledge, but those of sugars
rum mallasses cotton ginger and a little indigo.
(ix) According to the information which I have from
the Custom House Officers the produce of these
Islands for about two years past have amounted to
about £242,577. (x) Our foreign trade is extended
to the French Windward Islands to which the English
carry negroes horses provisions wines and other
liquors in their sloops and other small vessels, and in
return for what they there sell they bring sugars
mallasses cotten coco, and other the produce of those
Islands, which they sometimes put on board ships
bound for Great Britain, and at other times they carry
the same to St. Eustatia, and put it on board Dutch
vessels. The trade among the French is altogether
by stealth, from whence it happens that the English
vessels and cargoes are often seized by sloops fitted
out by the Government as Guard de Coasts, and
condemnd. The English also have some trade to
St. Thomas's Curracco, and other the Dutch Islands
to which they likewise carry provisions wines and
other liquors. The trade among the Dutch and Danes
is publick and open, the returns from whence are
small mules for cattle mills, and now and then some
coco, formerly the traders brought a good deal of
ready money from the French but they have since
raised their coin which now prevents their bringing
any of that specie from thence. (xi) I am not at present
able to acquaint their Lordships when or by what means
the foreign Plantations in these parts were first
possessed, nor of the exact number of the inhabitants
or the Militia in any of the Islands, but it is generally
believed that in Martinico they have 5 or 6000 fighting
men besides regular troops, which may be about
3 or 400 more. The produce of Martinico and the
French Islands are sugars white and brown rum
mallasses cotton ginger indigo and coco, but what
may be the annual produce of each of them I cannot
pretend to say. But Martinico far exceeds any one
of these Islands in her annual produce being much
larger than Barbados, and indeed it is believed makes
as much yearly. Their trade is confined to France
and their own Colonys, but nevertheless they have
some times ships directly with provisions from
Ireland, which vessels lade there and go for France
or Holland. The Government consists of a General
appointed by the King who has the chief care of the
Civil and Military affaires, but matters of meum and
tuum are determined by an Intendant who is likewise
immediately appointed by the King. There are also
Lt. Governors appointed by the King in each of the
said Islands as likewise Lieutents. du Roy of each
particular division or precinct, who takes the immediate
care of the Military affaires within his said Division
for which he has an allowance from the Crown. But
what methods are used amongst them to encourage
and improve the products, and the trade thereof
I cannot pretend to advise not being truely acquainted
therewith, nor indeed with the exact form of their
Government but according to the best information
I can gain every thing is done and transacted
by the General and Council the Members whereof
are likewise appointed by the King. Signed and dated
as preceding. Endorsed, Recd. 14th, Read 17th
Sept., 1719. 7 pp. |
|
316 ii. Copy of grant of land in Basseterre to James
Milliken. Signed, W. Hamilton. 18th Jan., 1716/17.
Endorsed, Recd. 14th Sept., 1719. 1 p. |
|
316 iii. Copy of grant of land in Basseterre to John Newth.
9th Nov., 1717. Signed and endorsed as preceding.
¾ p. |
|
316 iv. Governor Hamilton's Licence of absence from
Nevis for 6 months for Lawrence Brodbelt, to attend
his affairs in Great Britain etc. 20th July, 1719.
Signed and endorsed as preceding. Copy. ¾. p.
[C.O. 152, 12. Nos. 155, 155 i—iv.] |
July 20.
Antigua. |
317. Governor Hamilton to the Council of Trade and
Plantations. The occasion of my troubling your Lordships
at this time is to lay before you a case that lately happened
in this Island which has bred a question in which the Plantation
trade is so much concerned that I should be glad to know your
Lordships sentiments upon it and to receive some directions
therein. A snow called the Edward and James came into one
of the ports of this Island from Bristol where she took in some
part of her cargo and cleared out at the Custom house there
for Madeira, Antigua and St. Christophers, and that she was
bound to those places only appears by the bills of loading
which the Master had signed, from Bristol she went to Corke,
and there taking in some Irish tallow cleared out for Curracoa.
The Master when he arrived at Antigua came reported to me
and went to enter at the Custom house and delivered to the
Chief Officer a manifest of his cargo signed with his own hand
wherein the Irish tallow was incerted, and it not appearing or
being pretended that the same was shipped or laden in England
the Officers made a seizure of the vessell and libelled her in the
Admiralty Court upon the 6th Clause of the Statute 15 Car.
2d., cap. 7. My Lords as that Act forbids the importing of
any European commodities into any of H. M. Plantations
but what are laden in England the question was whether the
bringing such goods into a port and making an entry of them
at the Custom house were an importation but our Courts of
Justice before whom these cases come are very much divided
and at a loss to determine what is an importation within the
meaning of that Act; In the case I have now mentioned the
Court of Admiralty of Antigua, acquitted the vessell, and
was not only of opinion that there was none but also that nothing
would make an importation but bringing the goods on shoar
or at least putting them over the side of the vessell. My Lords,
if this be a just exposition of that Act and a true meaning of it
I must observe to your Lordships that the trade designed to
be prohibited by it is still left open and the remedy by far too
feeble, for the mischief it was calculated to prevent, for if ships
may come into the ports and harbours of the Plantations with
such goods on board and there lye and unlade any other goods
not prohibited as upon this way of construing the Act they
very well may, and not incur any penalty till they are taken in
the very fact of landing the prohibited goods it will very rarely
happen that the Officers of the Customs can hinder or detect
them. It can hardly be supposed which way they should
but by putting waiters on board which would not only create
infinite trouble and charge to the Crown, and as their present
sallaries will not allow it this has not been yet and I doubt
hardly will be put in practice unless they have a sufficient
number of Officers appointed under them and paid by the
Crown for that purpose, but if the end proposed might be by
these means attained which is very much to be doubted it is
not to my apprehension what the Parliament had in view, but
they carried the remedy higher and thought of other means
which would more effectually secure this branch of the English
trade, and prove a stronger guard to the security of it which was
to make every vessell liable to a forfeiture that should come
into any of the ports of the Plantations with any commodities
of the growth of Europe but what were laden in England and
the subsequent laws to prevent any concealments enacting that
the Master of every vessell should deliver upon his arrival an
inventory of his loading to the Governor or such officer as he
should appoint seems to be only with a purpose that the
Governours might be at no loss to know when any such goods
were brought into port, and that the Master or Owners might
have the less hopes of carrying on such prohibited trade with
impunity, and I can't see that this is any strained construction
of the words of the Act which are (shall be imported into any
lands etc.) since every port is by the Law deemed within the
body of the County nor do I think it a remedy that has any
thing very harsh or rigorous in it, for though there be no
exceptions in the Act yet in natural reason and equity there
must be an implied exception in cases of necessity where a ship
is either forced in by stress of weather or an enemy or for want
of sustenance and it fairly appears she is bound to another
place, but though it should in some particulars be severe yet
I believe it will be found that this is the only adequate remedy
that could be provided etc. My Lords if our Judges have in
any point mistaken the meaning of this Act it is of very great
consequence to our trade not only that it should be reversed
but that a clear exposition should be given of the Act in a
judicial way, that our Courts here may be at no uncertainty
for the future, and as the Officer who informed against this
vessell has appealed from the sentence of the Court of Admiralty
to H. M. in Council, I thought it my duty to apprize your
Lordships of this case etc. Signed, W. Hamilton. Endorsed,
Recd. 16th October, 1719, Read 27th June, 1721. 3 pp.
[C.O. 152, 13. ff. 54–55 v.]. |
