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Jan. 30th/Feb. 10.
Paris. |
534. Mr. Pulteney to the Council of Trade and Plantations.
Acknowledges letter of Jan. 21st. The papers enclosed are only
what I had before, and do not answer the queries I sent to Mr.
Popple etc. (v. 15th and 26th Jan.) Encloses following. Refers
to other matters concerning trade etc. Signed, D. Pulteney.
Endorsed, Recd. 6th, Read 9th Feb. 1719/20. 2¾ pp. Enclosed, |
|
534. i. Order of the Conseil de Marine to the Lt. General
and Intendant of the Windward Islands, 6th Feb.
(N.S.), 1720. The Commissaries of His Britannic
Majesty have requested that the Island of Sta.
Lucia or Sta. Alousie should be put back into the
same condition it was in before the grant made of it
to the Marechal d'Etrées, the King has agreed thereto
until he shall have informed his Britannic Majesty
of the incontestable claims he has to that Island
which belongs to France, you will therefore give the
necessary orders to the officers, soldiers and others
settled there since this grant to leave the Island as
soon as you shall have acquainted them with H.M.
commands, only leaving there the families settled
there before this grant etc. Signed, L. A. de Bourbon.
Copy. Signed. Du Bois. French. 1½ pp. [C.O.
28, 15. Nos. 70, 70. i.; and 253, 1. Nos. 23, 23. i.] |
Feb. 1.
Virginia. |
535. Lt. Governor Spotswood to the Council of Trade and
Plantations. There can be no doubt, but that the French
settlement at Missisippi may (without timely precautions)
greatly affect both the trade and safety of these H.M. Plantations. Tobacco, rice etc. will be exported thence and thus that
nation becomes our rivals in foreign markets etc. By the communication which the French may maintain between Canada
and Missisippi, by the conveniency of the Lakes, they will in
a manner surround all the British Plantations: They will have
it in their power by these lakes and the many rivers runing
into them and into the Missisippi, to engross all the trade of
the Indian Nations which are now supplyed from hence: They
may by possessing themselves of the passes of the Great Mountains which ly between us and the Lakes either by themselves
or their Indians fall upon and overrun which of these Provinces
they think fitt: And seing by their late seizure of Pensicola
from the Spaniards, their design seems to be, to extend their
dominions eastward, towards South Carolina, it is certainly
the British interest to put a stop to their advancing further
that way; and this in my opinion will be best effected by
possessing ourselves of some places on the coast of Florida, and
forming a settlement as near as may be to cramp theirs etc.
St. Augustine is a small fort on the N.E. part of the coast of
Florida with a village adjoining inhabited by about 2 or 300
Spaniards, and seems to be rather kept to preserve the Spanish
title to the territory of Florida than for any profite that Crown
receives thereby: The harbour admitts vessells of small burthen
etc. The garrison usually kept is inconsiderable. But as the
Bahama Islands on one side, and the Florida coast on the other,
forme that streight which is called the Gulph of Florida (through
which not only the Spaniards in their return from the West
Indies, but the French from their new settlement must
necessarily pass) this place may be of vast consequence to Great
Britain whenever a war shall happen with either of these
Crowns etc. In case of a rupture with France, men of war
placed on that station might destroy the whole trade of the
Missisippi Colony. Proposes that, besides the taking of St.
Augustine, the small fort or rather battery of St. Mark may be
attempted. It is a place of small strength in the Bay of
Appallachea, on the western side of Florida. From hence it is
that I would propose to forme a settlement to check that of
Missisippi and to extend westward upon it, whereby we might
share with them at least in their Indian trade, and keep a ballance
of those Indian Nations in our interests, and in case of a war
we may be able to annoy them from thence. Besides these two
settlements it may not be improbable but that a good harbour
may be found among the Islands at the Cape of Florida, which
may be a proper station for men of war or privateers to intercept
the Spanish or French trade from the Bay of Mexico" etc.
This would also prove a security to our trade from Jamaica,
which for want of places of retreat on that coast is often exposed
to the danger of the enemy's privateers and storms etc. Encloses
draughts of all these places, copied from the original of one Mr.
Hughes an English gentleman, who had a particular humour
of rambling among the Indians, and was killed by some French
traders last war etc. The French have of late begun a traffique
with the Coosatee Indians, and 'tis to be feared will soon get
a footing among the Cherikees, South Carolina having already
abandoned that trade, and the Virginia traders like to do the
same, because of the low price of skins and furrs in England
and the high duty thereon etc. As these are the nearest to
and most considerable body of Indians on our S. frontiers and
consist of upwards of 4000 fighting men, so they have been
generally very friendly and affectionate to the English, and are
the only Indians we ought to depend on to ballance the Northern
Indians, if they should attempt to be troublesome to these
Plantations. Desires, in case H.M. approve the project of
reducing these places, to return home on leave, in order to
explain the method he proposes etc. Refers to enclosed letter
to Col. Schuyler. His countenancing the haughty demand
of the Indians to treat nowhere with any of H.M. Governors
except at Albany, is too low a condescension to the humors of
those savages etc. All grants of land are constantly recorded
in the Secretary's Office etc. Abstract. Set out, Spotswood
Papers, II. 328. Signed, A. Spotswood. Endorsed, Recd.
11th April. Read 6th July, 1720. 7 pp. Enclosed, |
|
535. i. Lt. Governor Spotswood to Col. Schuyler, President
of the Council of New York. Williamsburgh, Jan.
25, 1720. On the 2nd I received an account of a
conference held at Albany, 7th and 9th Nov., between
your Commissioners for Indian Affairs and some
Sachims of the Five Nations; and as the same came
handed to me from Philadelphia, without any letter
of your Government to explain it, I should scarce have
taken it to have been transmitted to me from the
President and Council of New York, had not Governor
Keith communicated to me your letter to him, wherein
you mention, that it is by advice of the Council that
those copys are sent, as well to the Governors of Virginia,
Maryland and South Carolina as to him, and wherein
you are pleased to express yourself in these words
vizt., and their immediate answer is expected with yours.
The account too contained in the sd. paper might have
well caused me to doubt whether it was genuine,
because in Aug. last you promised to take notice of
the memorial given in at New York by Col. Robinson
in behalf of this Government, and gave me to expect
that you would at the next meeting of the Indians
.Commissioners press them to discover who
that chief man of Virginia was that had (as your
Indians declared in the Conference at Albany on 19th
June last) invited them to come to wage war upon our
frontiers, and had promised to assist them in ye
undertaking with ammunition etc. Not perceiving
one word opened by your Commissioners to the Indians
on that head, I could hardly imagine the sd. paper
contained a just account of your negotiations etc.
In your letter to Mr. Keith you observe that your
Indians think themselves slighted by the Governments
to the Southward, and sending a copy of their demands,
say that our immediate answer is expected. By
which I can infer nothing less than a justifying your
savages, and threatning no longer to interpose your
endeavours to restrain them from infesting these
Southern Governmts. or falling upon our Indian allies,
unless we will submit to their terms etc. I cannot
but wonder to see fellow-subjects indulging even to
a suspicion of encouragement, those savages in their
haughty demands of having all the King's Governors
of this Continent dance many hundreds of miles to
Albany to treat there upon every caprice of theirs;
And I with admiration observe that your Commissioners
suffered the Sachims to go away with the notion of
their being ill treated by these Southern Governments
etc. I shall not trouble you with a long enumeration
of their continual infractions of solemn treatys
which they had made from time to time with this
Governmt., having laid a full state thereof before your
Governor when I was at New York etc. But during
my own administration, in 1712 and 1713 they were
actually in these parts assisting the Tuscarouroes
who had massacred in cold blood some hundreds of
the English and were then warring against us, and they
have at this very day the chief murderers, with the
greatest part of that Nation, seated under their protection near Susquehanna River whether they removed
them when they found they could no longer support
'em against the force which the English brought upon
them in these parts. During the Tuscorouro war
about 200 of your Indians sett upon our Virginia Indian
traders as they were going to the Southern Indians
with a caravan at least 80 horses loaded, and after
having killed one of our people, and shot most of their
horses they made booty of all ye goods. Soon after
they returned in several parties carrying themselves
very rudely to our outward inhabitants, and in July
last approacht Christanna, and ravaged our Indians'
cornfields, close to the fort there, upon which our
Indians sallied out and a skirmish ensued wherein
were two of ours, and four of yours killed. In Sept.
following they came in the night and lay in ambush
before the gate of the fort, and at the opening thereof
they shot the first person that came out and kept
firing upon the fort untill the English got to the great
guns, and so scared them away. At length I found
means to perswade one of their war captains (who
called himself Connaughtoorah) to come in with ten
more to a Council at Williamsburgh, 9th Dec. last,
where I with abundance of civil treatment endeavoured
to engage him to carry a belt of peace to their five
Nations in behalf of our Christanna Indians, but he
haughtily refused, and answered that they would not
be at peace with them upon any terms: However I
prevailed upon him to carry it with this proposal,
That the Five Nations should observe their antient
treaty with this Government so far as not to come
among the English Plantations, and particularly that
none of their warriors should approach within 20 miles
of our fort at Christanna, etc. Argues as to the
behaviour of the Indians and their replies at the
Conference at Albany etc. Same endorsement. Copy.
7¾ pp. |
|
535. ii. Account of H.M. Revenue of 2s. per hhd., Virginia,
25th April—25th Oct., 1719. Totals, Receipts
3783l. 19s. 9½d., Expenditure, 1904l. 10s. 8½d. Signed,
J. Roscow, Rr. Genll., John Grymes, Depty. Audr.,
A. Spotswood. Same endorsement. 2 pp. |
|
535. iii. Account of H.M. Quit Rents, 25th April 1718–1719.
Totals, Receipts (including balance of £5529l. 0s. 8d.
brought forward) 8367l. 14s. 10d. Expenditure,
1576l. 7s. 2½d. Signed and endorsed as preceding. 4 pp.
[C.O. 5, 1318. Nos. 77, 77. i–iii.) |
| Feb. 1. |
536. Dudley Woodbridge to Mr. Popple. I never heard
that any English or French were settled on Sta. Lucia at the
time of the Treaty of Reswick, or during the last warr, etc.
Had there been any settlement within those times, it would
scarcely have escaped me. The first advancement towards the
same that I remember to have heard of, on the part of the
French, was in Feb. 1714/15, and Capt. St. Lo, H.M.S. Valeur
meeting with some French cutting wood at Sta. Lucia,
interrupted their proceedure. Quotes letter of Marquis Du
Quesne to Mr. Sharpe and his answer, to which the Marquis
never made any reply etc. Signed, Dudley Woodbridge.
Endorsed, Recd. 1st. Read 3rd Feb., 1719/20. 3½ pp. [C.O.
28, 15. No. 65; and 29, 14. pp. 41, 42.] |
Feb. 2.
Whitehall. |
537. Mr. Popple to Mr. Attorney and Sollicitor Generall.
Asks for opinion, whether Spanish ships coming from Spanish
ports in America, and loaden with the products of those countrys,
are prohibited by the Acts of Trade, and particularly those of
the 12th and 15th of K. Charles II, and that of 7th and 8th K.
William, to unloade and sell their cargoes in any of the British
Plantations in America, and to load again there. [C.O. 29,
14. p. 40.] |
Feb. 2.
Whitehall. |
538. Mr. Secretary Craggs to Governor Hunter. You are
forthwith to appoint Dr. Cadwallador Colden H.M. Surveyor
General for New York in the room of Augustine Graham decd.
Signed, J. Craggs. [C.O. 324, 33. p. 263.] |
Feb. 2.
Whitehall. |
539. Same to the Governors and Proprietors of the Plantations. By the enclosed paper, which hath been published by
authority, you will have the good news of the King of Spain's
accession to the Quadruple Alliance, which I would not omit
sending to you in this manner, though you may probably have
heard of this happy event, before my letter can reach you.
Signed, J. Craggs. [C.O. 324, 33. pp. 263, 264.] |
Feb. 2.
Jamaica. |
540. Governor Sir N. Lawes to the Council of Trade and
Plantations. The Assembly met at the time appointed, (12th
Jan. v. Dec. 6), and have gone through a good deal of of publick
business with vigour and dispatch, but the sudden departure
of H.M.S. Diamond renders it impossible for me to get ready
the Minutes of Council and Assembly etc., with such bills as have
been pass'd haveing given my consent to them but three days
ago, etc. I shall therefore only by this opportunity give a
brief acct. of the heads thereof and deferr my reasons at
length for passing such laws till they can be transmitted etc.
The most materiall business being finished, and this being the
time of year of makeing sugar, both the Council and Assembly
were desirous of a recess but there being severall good bills for
the advantage of the Island under consideration which could
not yet be compleated, I thought an adjournment more adviseable than a Prorogation, I did therefore with the advice of the
Council on the 29th past, adjourn the Assembly till June 1st,
haveing given my consent to the following laws vizt. (i.) An
Act to impose duties on severall commodities to defray the extraordinary charges of the Government and applying the same to
severall uses. In this bill there are the following duties laid
vizt. on every negro imported, 5s., on every pipe of madera and
canary wines imported 20s., on every tun of Portugall wines 30s.
for every gallon of brandy 6d., for every gallon of arrack or
spiritts 5s., for every tun of Spanish, Rhenish or Italian wines
40s., for every tun of mum or metheaglin 20s., for every tun of
cask or bottled beer ale or cyder 25s., and on wines of the growth
of the Western Islands commonly called the Azores 6l. pr. tun,
4l. whereof is to be to the use of the Revenue and the other 2l.
to the uses and purposes in the said Act mentioned, and on
cocoa imported by vessells belonging to this Island 5s. pr.
hundred, and on cocoa imported by vessells not belonging to this
Island 10s.; for all muscovado and Puneal imported 5s. pr.
hundred; and for tobacco imported 6d. per lb. In this bill they
have also laid a tax of 1500l. on the Jews, and out of the money
ariseing by virtue of this law they have provided for H.M.
officers and soldiers of the two Independant Companies in the
usuall manner and they have likewise given their officers the
following rewards vizt., to their Chaplin 80l., his Clerk 20l., the
Clerk of the Assembly 400l., their Messenger 240l. for their services
in the last and present Assembly, and lastly they have appointed
H.M. Receiver Generall to collect receive and pay the said
severall sums. (ii) An Act to oblige the severall inhabitants of
this Island to provide themselves with a sufficient number of white
people etc. In this bill all persons without exception are oblidged
to keep a white man or woman for every thirty slaves young
and old they possess, and also for every 150 horses, mares, mules,
asses or neat cattle, and so in proportion for a greater or less
number, and in case they are deficient in the number of white
men aforesaid, they are oblidged to pay to H.M. 7s. 6d. pr. week
and for the incouragement of keeping supernumerary white
servants on plantations it is therein enacted that the master
of such supernumerary white servants shall receive out of the
mony ariseing by virtue of the said Act for his incouragement
7s. 6d. pr. week for every supernumerary white servant in
proportion to the aforesaid number of slaves and cattle, and all
wherries and canoes that have not one white man plying in
them shall pay 7s. 6d. pr. week, and all vessells tideing for freight
in and about this Island shall not have above ¼th part of the
crew slaves under the penalty of 20l. and all masters or mistresses
of familys not actually resideing on the Island are only to be
allowed 24 negroes young and old to a deficiency. The mony
ariseing by virtue of this Act is ordered to be paid into the hands
of H.M. Receiver Generall and shall only be applyed and appropriated to such uses and purposes as the present or any future
Assembly shall direct. (iii) An Act to revive such parts of
former acts as relate to any mony's still due to the publick. This
Act recites that whereas in the execution of severall former Acts
many of the inhabitants were assesd within the time limited
by the said Acts and before the expiration of either of them or
H.M. disallowance of any or either of the said Acts was duely
signified to the Governor some part of the said taxes so asses'd
remains still unpaid, they have therefore enacted that all the
mony still remaining due by virtue of the severall acts therein
mentioned shall be paid into the hands of H.M. Receiver Generall
to be disposed of to such uses as this present or any future
Assembly shall appropriate the same. (iv) An Act for appropriateing severall sums of mony to severall uses. In this bill they
have appropriated out of the mony ariseing by virtue of the
before mentioned Acts 7000l. unto the Treasury for the payment
of the debts effecting the Revenue and to supply the contingent
charges of the Government, 7000l. for and towards the payment
of parties to suppress rebellious and runaway negroes, £1400l.
to Mr. Cardiff for the payment of his sloop which was taken by
the pyrates when he lent her on the Country service to regain
the Kingstone, 81l. 7s. 6d. to provide convenient houses lodging
and bedding for the Independant Company in this Town, 120l.
to John Guthrie for 3 years rent and the repairs of a house
taken up as barricks, 20l. per annum to the daughter of George
Fletcher who was killed in pursuit of the rebellious and runaway
negroes, and 10l. a year to each of the children of Joseph Hyden,
who lost his life in the same service, until 16 years of age; to
Messrs. Archdeckne and Pestell 100l. for an Indian man killed
by the rebellious negroes, and they have likewise been very
bountifull to the poor men who were wounded and maimed on
board the sloop Defiance in an engagement with a Spanish
pyrate and to the widdows and orphans of those who were
killed in the said engagement. And whereas the Factors of
the South Sea Company have commenced a suit in Chancery
against John Chaplin Esq., late Commissioner of the Additional
Duty Act pass'd in Mr. Heywood's Governmt. for the recovery
of mony by them paid on the exportation of negroes by virtue
of the said law, they have ordered him to retain in his hands
the ballance of his accts., being 1516l. 17s. 3d., to defray such
charges as he shall or may be at in defence of all suites allready
commenced against him and to indemnifye him from all such
sums as shall or may be recovered on that account, and at the
determination of the said law suit if it shall appear the said
Chaplin has been any ways undisbursed that the same shall be
made good to him etc. In this they have likewise ascertain'd
the fees of H.M. Attorney Generall and lastly they have appointed the Receiver Generall for the time being to receive and pay
the severall sums in this Act mentioned. (v) An Act to prevent
enticeing or inveighing of slaves from the possessors and for preventing the transportation of slaves by mortgages and tennants
for life and years and for regulateing abuses committed by slaves.
The title of this Act expressing the whole purport thereof, there
was little objection made to it, and I beleive it will prove a
beneficiall law to the Island, those are all I have hitherto pass'd.
I come now to give your Lordships an account of some bills
that have been sent up by the Assembly to the Council, which
the Council haveing amended, the Assembly adheard to their
bills, and the Council to their amendments, by which the bills
were lost vizt. (1) An Act to repeal the condemnation of the
sloop Nuestra Sennora de Belin otherwise called the sloop Kensington. (ii) An Act for the releif of such persons as have
suffer'd by pyracies at sea or on the shore by any of H.M. subjects
of this Island. To these two bills the Council made some amendments which the House did not agree to, but that your Lordships
may be more fully apprised, and be able to determine the points
in question, I send you copy's of the said bills with the Council's
amendments annexed, and must desire the favour of your
Lordships opinion in case bills of the same nature should arise
in any ensueing Sessions, I may have your Lordships concurrence
for my guiddance in passing or rejecting them. (iii)
An Act for appointing an Agent in Great Brittain to solicit the
passing of laws etc. This bill the Council rejected without
sending their reasons in writeing to the Assembly for so doeing,
or without desireing a Conference on the subject matter of
the said bill, a coppy whereof I herewith send your Lordships
and should be glad if your Lordships would honour me with
your opinions thereon beleiveing either bodies wou'd have great
regard to what you shou'd please to signifye on that head.
Refers to 6th Dec. 17, 1719, relating to a perpetual revenue bill.
Continues: As the Assembly have appointed Comitties dureing
this recess to prepare the business of the Country against their
next meeting, which remain yet unfinished, so I hope to receive
before that time your Lordship's answer etc. Encloses Minutes
of Council to 26th Aug. and Naval Officer's quarterly lists etc.
as desired 9th July. Haveing lately recd. some information
concerning the departure of some Spanish men of warr from
the Havanna, I thought proper to have the person who brought
the information, examined before me in Council. Deposition
enclosed. Repeats request for guns for Port Royal. When H.M.
shall think fit to make peace with Spain, 'twould be much for
the advantage of the inhabitants of this Colony, if we were
allowed a free liberty of fishing for turtle within sight of the
shore of the Spanish territories in this part of the West Indies.
Repeats proposal of Dec. 6 as to right of cutting logwood in the
Bay of Campechy. Signed, Nicholas Lawes. Endorsed, Recd.
18th May. Read 2nd Nov., 1720. 11 pp. Enclosed, |
|
540. i. Copy of amendment made by the Council of Jamaica
to a bill for the relief of such persons as have suffered
by piracies etc. 27th Jan. 1720. Same endorsement.
¾. p. |
|
540. ii. Copy of bill referred to in preceding. Same endorsement. 2 pp. |
|
540. iii. Copy of a bill for appointing an Agent etc. 20th Nov.,
1719. Same endorsement. 2 pp. |
|
540. iv. Copy of bill to repeal the condemnation of the Nuestra
Senora Belin etc. 19th Jan. 1720. 1 p. |
|
540. v. Amendment by the Council to preceding. Endorsed
as letter. ¾ p. |
|
540. vi. Deposition of Samuel Lobdell, Master of the
Phoenix, 29th Jan. 1720. About 20th June last he
was taken by three Spanish privateers off Campeche,
carried to La Vera Cruz and forced into the King of
Spain's service by 4 men of war designed to take
Mouville, but learning of the taking of Pensicola by
the French, they landed 600 men at St. Joseph's. The
Admiral sent to La Vera Cruz for more ships and forces,
and on 8th Dec. received advice that the ships would
be ready in 9 days time loaden with money and designed
to land it at the Havanna till the expedition to
Pensecola was over and then to sail for Old Spain in
March etc. The force of the ships were four 50 gun
ships, two 64 guns, three of 40, all designed for Pensicola, but most of their men sick and weak. Also a
ship of 32 guns, another of 20 and another of 18 loaden
with stones bound to Pensicola designing to build
a castle there, and a pacquet of 26 guns designed to
sail for Old Spain. Deponent was informed by an
Irish doctor that there was a great deal of money
designed for Spain to carry on the warr which was to
be transported thither next March by six men of war.
Whilst deponent was prisoner at St. Juan de Luthere,
about 2000 boatloads of money came over from the
shoar, etc. Signed, Samuel Lobdell. Same endorsement. 1 p. |
|
540. vii. Minutes of Council of War at Jamaica, 27th and 29th
June, and 24th July 1719, putting Martial Law
in force till 10th Aug., and ordering measures of
defence. Same endorsement. 10 pp. [C.O. 137, 13.
Nos. 40, 41. i.–vii.] |
| Feb. 3. |
541. Petition of the Council and Assembly of the Settlements in South Carolina to the King. Containing a representation of the great grievances and intolerable hardships the
said inhabitants have suffered under the late Government of
the Lords Proprietors of. that Province. Refer to Charter of
K. Charles II to the Lords Proprietors, "who having humbly
bescught leave of H.M. by their industry and charge to transport and make an ample Colony of H.M. subjects into the said
country at that time only inhabited by some barbarous people
who had no knowledge of Almighty God being thereto excited
with a laudable and pious zeal for the propagation of ye Christian
faith and the enlargement of H.M. Empire and Dominions
as is most amply sett forth in the said Charter." Continues:—Notwithstanding which the Lords Proprietors etc. have not
to this day been at any charge or used any endeavours to
propogate the Gospell amongst the said barbarous people who
continue as ignorant of Almighty God and the Christian faith
as before the granting of the said Charter. Neither have the
said Lords Proprietors been industrious at their charge to
transport and make an ample Colony of H.M. subjects in the
said Province, but on the contrary from time to time impeaded
and hindered the peopleing the same by violating the covenants
made with H.M. subjects who upon their fair promisses were
invited to be at ye charge of transporting themselves and
thereby prevaricating with H.M. who upon those consideracons
granted them the said Royal Charter. And as one of the
principal designs of his said Majesty in granting the said Charter
with such ample powers and jurisdiccons to the said Lords
Proprietrs. was for the good governmt. and safety of his leige
subjects in ye said Province, yet the Lords Proprietors have so
abased that trust and confidence reposed in them that by their
confused administracon over your Majesty's subjects in this
Province they are neither safe in their liberties or properties,
But have abandoned the Government to evil Ministers and
exposed us to ye ravages of most barbarous enemys. Whereby
wee hope it will be evident to your most Gracious Majestye
that they have acted contrary to the design of their original
trust and that the same will more fully appear by these our
grievances etc.:—That the said Lords Proprietors were by
their said Charter impowered to build and found Churches
Chappels and Oratories in convenient and fitt places etc., and
to cause them to be dedicated and consecrated according to the
ecclesiastical laws of the Kingdom of England together with
full and ample rights, privileges etc. necessary for the same.
Yet the said Lords Proprietors (in neglect of those extensive
powers granted to them on the great confidence H.M. had
in their religious and good intencons) have not to this day erected
any Church Chapel or Oratorie for Divine worship nor any
school or seminary for the education of youth in the principals
of the Christian Religion nor ever reserved any places within
any bounds or limitts for the same or soe much as covenanted
with any of your Majesties subjects to whom they have sold
lands for the reservation of any bounds limitts or places for
the same nor procured the dedication or consecration according
to ye ecclesiastical laws of England of any of those built by ye
inhabitants whereby those unhappy and woful consequences
by their neglect herein has befallen us, that the youth by
imbibing irreligion for want of due education may become as
barbarous as the native savages. Further we doe represent
unto your Majestie that the said Lords Proprietors by the said
Charter were indued with full power and authority "to give and
conferr unto and upon such of the inhabitants of the said
Province as were capable of marks and titles of honour and favour
and who for their deserts and services might expect the same."
But the sd. Lords Proprietors instead thereof sent over a
number of blank patents for creating Landgraves and Cassiques
to their Governour and Receiver General in this Province in
order to have them exposed to sale at a certain price, soe that
the persons who by their deserts were intituled to any such
marks of honour thought this proceedure soe mean that it was
beneath them to accept thereof. And whereas the said Lords
Proprietrs. their heirs and assignes are by the said Charter fully
impowered to erect raise and build within the said Province
etc., such and soe many forts, cities, villages, etc., and the same
or any of them to fortify and furnish with ordnance, powder,
shot etc. and all other habiliments of warr etc. as should be
thought fitt and convenient for the safety and wellfare of the
said Province etc. Whereby wee conclude with great submission
that his late Majesty had a tender regard for and was
particularly carefull of the defence and safety of such of his
subjects that were to be settlers in the said Province as well from
the invasions and incursions of the barbarous Indian savages
as other enemys. But such was the negligence of the said
Lords Proprietrs. that neither in the infancy of the Colony or
any time since have they sett apart or appropriated any of their
lands for erecting towns villages or fortificacons or soe much
as contributed one penny towards the raising any forts or other
fortificacons which to almost the ruin of the inhabitants they
had been oblidged to build by advancing a great part of the
little estates they brought with them to settle this Province
which they had obtained with great pains hazard and industry.
Otherwise by the said incapacity of the said Lords Proprietors
to assist us this part of your Matyes. Dominions had been lost
to your Empire had it not been for the vigorous defence made
by the inhabitants against the several attempts made to subdue
them. That the said Lords Proprietors contrary to express
powers granted them by the said Charter not to ordain make or
enact any laws or ordinances but what were consonant to
reason and as near as may be conveniently agreeable to the laws
and customs of England and soe as the same doe not extend
to the binding charging or taking away of the right or interest
of any person or persons in their freehold goods or chattells
whatsoever. Yet notwithstanding the said Lords Proprietors
did in 1704 under their hands and seals ratify and confirme two
Acts of Assembly of this Province the first entitled an Act for
establishing religious worship in this Province according to
the Church of England and for erecting Churches and for the
maintenance of Ministers etc., and the second, for the more
effectual preservation of the Government of this Province by
requiring all persons that should be then chosen members of
the Commons house of Assembly to take oaths and subscribe
the declaracon appointed by that Act and to conforme to the
religious worship in this Province according to the rites and
usages of the said Church by which Act a great part of your
Matyes. freeborn subjects inhabitants in this Province were
excluded from being Members of the General Assembly. And
tho' it was represented to the said Lords Proprietrs. that there
were many corrupt practices made use of by their Governmt.
here in order to have those Acts passed and that it was contrary
to the rights and liberties of your Maties. subjects, yet they
refused to redress the said grievances until application was made
to the honble. house of Lords who having fully and maturely
weigh'd the nature of these two Acts address'd her late Majestie
Queen Anne setting forth that the former of these Acts was not
warranted by the Charter etc. being not consonant to reason
repugnant to the laws of England and distructive to the constitution of the Church of England. And that the latter of
those two Acts was founded upon falsity in matter of fact,
was repugnant to the laws of England, contrary to the Charter,
was an encouragement to atheism and irreligion destructive
to trade and tended to the depopulating and ruining the said
Province. And besought H.M. to use the most effectual method
to deliver the said Province from the arbitrary oppression under
which it lay and order the authors thereof to be prosecuted
according to law. Quote Representation of Board of Trade
24th May, 1706, and Order in Council, 10th June, 1706 (v.
C.S.P.) for proceeding against the Charter. Continue: By the
said Charter King Charles II did in express words save the
faith allegiance and sovereign dominion due to H.M. his heirs
and successors for the said Province and alsoe the right title
and interest of all and every his subjects of the English Nation
in the same and declares them to be the liege people of the Crown
of England and to have right to all the liberties franchises and
priviledges of Englishmen as if they were born in the Kingdom
of England. Yet the said Lords Proprietors having but small
regard to the Royal reserve of your Majesties Soveraignty over
this Province have assumed a despotick authority exceeding
the regal power in Great Britain in repealing and abrogating
by themselves alone several beneficial laws from time to time
which were after a most solemn manner ratifyed and confirmed
by their deputies impowered by them so to doe under their
respective hands and seals with the advice and consent of the
representatives of the freemen mett in open Assembly for the
good Government and safety of this Province after a most
arbitrary manner trampling upon the rights and liberties of your
Matyes. subjects who have as Englishmen a incontestable right of
being governed by noe laws made here but what are consented
to by them, which laws we presume are of full force untill repealed
by the same authority that made them, and sometimes this is
done by two or three of the Proprietors who pretend to have
proxies or deputacons from the absent Proprietors or from the
Guardians of the Proprietors under age tho' at the same time
those same Proprietors or Guardians to those under age give
proxies or deputacons to their representatives in this Province
who in behalf of their Principals ratifye and confirme those laws
to the great confusion of their administration contrary to any
power given to them by their Charter endangering the safety
of H.M. subjects in this Government and in derogation of the
usual methods practised by them heretofore in the like cases,
tho' their Deputies and Freemen here have never denyed
to repeal any laws when recommended thereto by the said
Proprietors. These proceedings together with the uncertain
method of their administring their Government over your
Majesties subjects sometimes by a Governr. representing the
first person of the Proprietors in England and seven Deputies
each separately representing the person of a Proprietor
doeing all sorts of Government without a Council of the
inhabitants. Anon by a Governr. and seven Deputies each
respectively representing the whole board of Proprietors
likewise without any Councill. At another time a Governr.
representing the whole body of the Proprietors and twelve others
as a Council wherein they make noe distinction of foreigners
unnaturalized and H.M. free-born subjects, have put us under
unspeakable hardships never knowing our constitucon, destroying all publick credit soe necessary in this frontier Province
to defend ourselves against our enemys and defeating all
measures taken for our safety and preservation and good
government of this Province. Not to instance all the Acts of
Assembly they have taken upon them to repeal; they have
repealed a law that lays a duty on negroes imported from Affrica
which was appropriated to repair the fortificacons of this
Province and to maintain some soldiers on the frontiers placed
there to repulse the Spaniards and Indians living at St. Augustine who continually make incursions on this Settlement and
for maintaining our Clergy by which means the Lords Proprietors
did what in them lay to deprive our Clergy of a maintainance
and to make us an easy conquest to the Spaniards who understanding our weak and defenceless condicon are preparing
forces at the Havana and other Spanish ports to invade us at a
time when by the vast debts contracted by the Indian warr
and the expedition against the pyrates all our taxes and other
funds were anticipated for severall years. They have alsoe
taken upon them to repeal one other Act for ascertaining the
manner and forme of choosing representatives of the Freemen
to meet in Assembly wherein was followed the method most
agreeable to the laws of England and consonant to the method
practised in other your Matyes. Dominions in America by which
law all members for the future to be chosen in the several
parishes and precincts through the Province by way of balloting
and appointing the number according to the largeness of each
parish. And the said Proprietors have substituted in its place
an unprecedented method of summoning all the Freemen
of the Province into two bodys to chose their Representatives
by subscribing their names to lists of Representatives to the
major part of whom the Freemen are generally strangers.
Whereby giving room for faction corruption and tumultuous
meetings and to the great expence of time travel and money
to the Freemen. |
|
That the Constitucon of the said Lords Proprietors Government is inconsistent and injurious to your Majesties said subjects
for the Lords Proprietors whose powers and prerogatives are
united in them all, not to be disjoynted, take upon them to
send a Governour as a representative and Deputy of the first
member of their number called the Palatine and each of the
other Proprietors their respective Deputies making in all eight
which sitt debate and vote as a Council of the Province, a body
which in all other H.M. Colonys is formed to be a barrier between
the Governour and people. These Deputys by their employment are wholy dependant upon their constituants and therefore think themselves obliged to carry everything they can in
favour of the Lords Proprietors intentions and advantage
being likewise bound by an oath to doe nothing repugnant to
their interests ofttimes without any regard had to the publick
good of the Colony. And when any of the Lords Proprietors
Deputies are soe honest as to vote against the Lords Proprietors
or their Governours private interest proposed they are turned
out and others put in their room. These Deputys have power
given to them to reject any law proposed for the good of the
Colony but if it should happen that it should pass them, then
the Governr. pretends another negative upon them, and
sometimes the Lords Proprietors take upon them to appoint
another to have a negative upon the Governour. And lastly
the Lords Proprietors themselves assume a power of repealing
those very Acts ratifyed and confirmed by their said Governour
and Deputies. Soe that the Lords Proprietors who by their
Charter ought to have but one negative assume sometimes three
and sometimes four negatives upon the laws agreed to and passed
by the Representatives of the Freemen mett in Assembly.
And having noe Councill between them and the people they
suffer noe law to pass or if passed to be of any longer force than
suites with their private views and designs to the great confusion
and intire loss of all publick credit soe necessary in the frontier
Collony and distractive to the liberties and properties and
apparent violation of the free Constitucon of H.M. freeborn
subjects. That tho' the said Lords Proprietors are impowered
by their said Charter to erect citys burrough towns or villages
by granting charters of incorporations franchises and priviledges
to any body of people yet they have altogether neglected to
doe the same neither have they settled any County jurisdicion
for the preservation of the peace and regular Government
according to the laws of England neither have they erected one
mannor for holding Court Baron or to have and to hold veiws
of frank pledge and Court Leets for the conservation of the
peace and better Government of this Colony but have abandoned
all to an unacountable disorder and confusion under the
administracon and underhand management of a single person
whom they have commissionated and call Chief Justice who
solely and by himselfe holds all Courts of Kings Bench Common
Pleas and Exchequer as above all Assize County Courts and
Sessions only in Charles Town the only place of Judicatu[r]e
in the whole Province who makes what lawyers and takes
what fees he pleases summoning all persons from the remotest
parts of the Colony to attend his Courts noe appeals from
himself but to himself nor no method of appeals settled
for the ease of your Matyes. subjects to your Majesty and
Council as is done in the rest of your Matyes. Colonies nor any
process suffered to be issued in your Matyes. name, judge of his
own errors the Marshal and other officers taking what fees
they will and he upon frivolous pretences adjourning Courts
and putting off tryals delaying justice in order to multiply his
perquisits which are according to his own arbitrary pleasure
dayly exacting and extorting new fees to the intolerable
burthern of the clyent undertaking himselfe to draw writings
and afterwards judging in his Courts the validity of those
writings according to his own pleasure sending for the lawyers
and giving secrett advice both to them and the clyents how to
proceed in their causes and insists that noe General Assembly
or authority here can either call him to an account or remove
him nor even the Lords Proprietors themselves unless notoriously proved guilty of such misdemeanours before the Lords
Proprietors in London as they themselves judge he deserves.
He having words incerted in his Comission to that purpose
by the said Proprietors, but by the small regard the sd. Lords
Proprietors have had to the repeated complaints made both by
the publick and private persons injured by him wee find they
cannot be induced to remove him he always by his insinuations
perswading them he is the only person that can serve their
interests in Carolina tho' no person has been ever more prejudicial to them. The notorious crimes and offences which
imediately relate to him as Chief Justice will appear in a
Remonstrance and Impeachment brought against him by the
Commons house of Assembly now sent to your Majestyes
judges in England. That when in the year 1715 the Nation
of savages called Yamasees had at the instigation of the Spanish
garrison of St. Augustine cruelly massacred your Matyes.
subjects in those frontiers and committed most barbarous
depredations in the very heart of the Settlement upon their
being repulsed by the inhabitants, the said Spanish garrison
protected them and bought their plunder and furnished them
with arm's provision and ammunition (tho' in the midst of
peace with the Crown of Spain) in order to renew their depredations. All which being represented to the said Lords Proprietors to take some effectual means to put a stop to this
barborous dealing of the Spaniards yet they never regarded the
lives and estates of your Matyes. subjects but some of them
replyed to several that went from hence. If the inhabitants
were distroyed the country might be settled by a better people.
It was alsoe represented to them that the said garrison harboured
and protected rebells felons debtors servants and negroes that
fled or run away thither which put us to a great charge in garding
that frontier even in time of peace but all to noe purpose the
Lords Proprietors never soe much as gave an answer to the
same. We further represent that it is of very great consequence
to the whole British Dominions in America to drive the Spaniards
from St. Augustine for not to instance the enlargement of the
Indian trade which takes of a good quantity of the British
manufacture it will be a notable barrier to your Matyes Colonys
on the main, keep the Indians in a greater dependance on
English Government being deprived of the refuge they always
find there protect and releive his Matyes. subjects that often
are cast away coming thro' the Gulph of Florida and most
barbarously murdered by the Florida Indians. And to the
enriching his Matyes subjects by the wrecks of the rich Spanish
gallions and other richly laden Spanish ships that are frequently
cast on the shoar of Florida coming thro' the Gulph the only
passage they use to old Spain. That notwithstanding the
great expence we were at in the said Indian warr with the said
Yamasees and their confederates which not only preserved the
Lords Proprietors lands not yet settled or taken up but also
such lands as they have appropriated to their own private
and particular use from falling into the hands of the Indians
they have not contributed to any part of the charge either by
tax or otherwise excepting about 150 small arms. And when
the Agents of this Province made application to them they
declared their incapacity to assist us. But least your Majesty
under our extream necessities should take us under your most
gracious protection they prevaricated with the Lords Comissioners of Trade who put some queries to them being desirous
to know what steps they had taken towards our defence and
what they had contributed for that purpose. They told the
Lords of Trade they had sent us large quantities of armes and
amunition and had ordered their Receiver General to appropriate all such monys as was in his hands to our use which they
thought would stop the Lords of Trade from enquiring any
more after the miserable condicon of his Matyes. subjects in
Carolina altho in fact they ordered their said Receiver by the
very next opportunity to make remittances to them of every
penny of their moneys in his hands, soe left us to strugle with
all those insuportable difficulties, even to the almost intire loss of
the Province and during two years and half of that unhappy time
they never wrote one letter to their Governour and Deputies
here and took noe more notice of us than if they had
abandoned the Province. We alsoe take leave to represent
to your Majestie when by the Proprietors male administracon
of the Government of North Carolina they brought a bloody
Indian warr upon the Inhabitants thereof, wherein many
hundreds of your Matyes. subjects were distroyed and barbarously murdered. It was insinuated to the Assembly here
by the Lords Proprietors Deputies that if they would raise mony
and send assistance to North Carolina they should be reimbursed
out of the Lords Proprietors quitt-rents. Yet notwithstanding
the great expence we were at and the loss of lives of several
brave men of this Settlement in that warr which was vigorously
prosecuted until it was happily ended to the saving of that
Province to the Lords Proprietors they never to this day refunded one penny or even soe much as gave thanks for preserving
their lands tho' we were noe ways oblidged to be at the least
expence or trouble about the same. In 1718 one Thatch a
notorious pyrate better known by the name of Blackbeard
came off the Port of Charles Town and took several ships belonging to your Majestyes subjects trading to this Province and
made several persons of note inhabitants of this Settlement
prisoners and went directly to North Carolina where under
pretence of accepting of your Majestyes gracious pardon by
the connivance of the Proprietors' Governour there committed
several acts of pyracy there in the very face of that Government
and several parcels of pyratical goods were found in their
Governours and Secretarys custody in soe much that their
Government of North Carolina became a nest of pyrates, and
your Majesties Governour of Virginia being touched with
concerne to find that any of your Majesty's Dominions should
be thus basely scandalized, made a complaint to the said Lords
Proprietors of those proceedings. And they instead of bringing
such base offenders to condign punishment according to their
wonted supineness and negligence took noe notice of the same.
That as soon as the inhabitants of this Settlement had driven
the said savage Yamasees from their lands adjoyning to Port
Royal in order to strengthen that frontier and encourage newcommers to come in and plant the same their Representatives
in Assembly obtained two Acts to be passed into Laws for
dividing those lands amongst such of H.M. Protestant subjects
as should come and settle the same excluding under severe
penalties such persons having land already in this Province
from buying any the said lands tho' by the Lords Proprietors
instruccons to their officers here any person might have bought
the whole or any part thereof until by those Acts they were
restrained. And abstracts of those Acts being sent into Great
Britain and Ireland and printed there gave such incouragement
that about 500 of H.M. Protestant subjects transported themselves in order to take the benefit of the same and on which
the planters that had escaped the Indian massacre were enabled
to returne to their plantacons in the frontiers. But all this was
interrupted by an unseasonable repeal of those Acts by the
Lords Proprietors under pretence first that as the lands were
their property soe they would dispose of the same as they
thought fitt, secondly by an instrument under their hands they
made a distribucon of the same far short of that made by
the said Act of Assembly which the new commers finding noe
other remedy were forced to comply with and began their
surveys upon those lands; But thirdly to the great surprize
of the whole Province and the utter ruin and confusion of
the new comers and in breach of their publick faith the Lords
Proprietors sent orders to their Surveyor General that all those
lands should be surveyed for their own private use and that
they might be sure to take in the whole tract of the Yamasee
settlement they directed much more to be appropriated to their
private use then the said Settlement was ever accounted to
contain. And tho' ye several persons had payed the purchase
mony to their Receiver General here for those very lands yet
they are not only refused having any titles confirmed to them
for the same after the usual methods prescribed but alsoe the
said Receiver General refuses to returne them their monys.
It is impossible to view the consequence of this proceeding of
the Lords Proprietors without horror. The old Settlers in the
frontiers missing of that reinforcement there, of the newcommers
again deserted their settlements leaving open the southern part
of this Province to the enemy to their great encouragement and
indangering the whole, and reduceing the new commers into
soe miserable a condicon that by sickness contracted by their
often removings and spending all their substance they brought
to begin their settlements are reduced to that want and poverty
that they are daily consuming and perishing and those that
have anything left removing off the Province to the great
weakning the same. That notwithstanding the many addresses
made by the Genl. Assembly from time to time to the Lords
Proprietors to take some measures to prevent the French from
incroaching on this part of H.M. Dominions and especially
at the beginning of the Treaty of Utrecht our Agent Mr. Ketleby
presented a Memorial relating to the same to the then Duke of
Beaufort Palatine they not only abandoned all to an unaccountable neglect but also when in May 1715 the French from Mobile
having prevailed on the Albama Indians to murder our factors
amongst them tho' it is notoriously known that that place
belonged to this Government and Settlement several years
before the French ever settled at Mobile or anywhere thereabouts the said French imediately nevertheless took possession
of the said place and secured the same by building a fort which
they vainly call New Thoulouse and all these encroachments
were complained of without any prospect of redress. That
since that time the French not contented with that usurpation
continued to incroach by making forts at the mouth of the
rivers belonging to this Province and ariseing near our Settlements insisting that by their Charter they are enabled soe to
doe by the words of the same which makes their bounds to
extend eastward as far as the settlements of the people of
Carolina soe that now they having made themselves masters
of Pansacola a late Spanish fort conveniently scituated they
surround this Settlement from the mountains to the sea vizt.
to the North-west the West and the South West which has
already this dismal effect that all the Nations of Indians towards
those points and but lately under our Government have withdrawn themselves from the same and subjected themselves to
the French. And as wee can't tell where or when these incroachments will end, soe as they are now scituated and our
Settlement scattered along the sea shoar for 150 miles there is
nothing under God can prevent their taking possession of this
Province upon the first war with France, we being assured by
deserters that there is at least 4000 men imported there within
a few months, over and above what was already there and more
expected daily by the great incouragement given by the
ministry of France who transport them freight free and maintain them with provision untill they are able to support themselves. We are further to observe that there lies an open levell
champion country from their late incroachments to our settlements plentiful of venison and other game sufficient to sustain
2000 men in a march against us as it has several times been
experienced by our expeditions to Apalatché soe that what by
the late Indian warr the necessity wee were under to subdue
the pyrates the expence of a defensive warr against the Spaniards
and Indians at St. Augustine by maintaining garrisons and
scout boats against them the demolition of our principal fortifycacons by storms and the expences arising to repair the same
the vast presents wee are obliged to make to the Indians to
keep up a party amongst them from depending altogether upon
the French interest and lastly the weak and unsteady constitution of the Lords Proprietors Government who have always
rather opposed the methods we endeavoured to have taken to
strengthen ourselves then contributed to our support and by
this means we have lost all manner of credit noebody venturing
to trust any publick funds contrived for our support that we
are reduced to the last extremity ingulphed in debts without
any prospect of extricating ourselves, all our funds anticipated
for several years to come our expences increasing without any
view of answering them all which are soe well known to our
enemys and incroaching neighbours that they not only
contemn us but look upon us as an abandoned people void of
the Royal protection of your Matye. soe that without your
Majesties assistance and steady Government this hopeful
Province will be lost to the British Empire to the endangering
Virginia and other your Majesties Dominions and the irreparable
loss of the beneficial trade of the same. Thus most gracious
Sovereign we have been constrained by the many hardships
wee have laboured under from the Lords Proprietors and viewing
with terror our own unhappy and weak condition unable to
resist the attempts of the Spaniards who are making preparacon
to invade us or putting a stop to the continual incroachments
of the French Settlement of Missisipi, being intirely exhausted
by a long and expensive bloody warr with the barbarous
Indians and which is worst of all under the Government of
Proprietors who are both unable and unwilling to help us have
o(b)liged us as English men and denizons of England born to
all the rights and priviledges thereof to fly properly for aid and
assistance to your most sacred Majesty our onely truely
Sovereign Lord humbly supplicating your Royal compassion noe
ways doubting your Majesty's approbation of our assuming the
Government here in your name in this time of eminent danger
and confusion there being noe other remedy to secure this
Settlement from ruin and the inhabitants from deserting the
same to the utter loss of soe considerable a part of your
Dominions. Therefore wee most humbly pray your Majesty
to take us under the wing of your Majesties immediate Government that therein wee may pertake of the Royal blessings which
your happy subjects enjoy under the direct influence of your
Scepter. Wee throw ourselves at your Majesties feet. And
that all Heavenly and temporal blessings may perpetually be
showred upon your Sacred Majestie our lawful and rightfull
Sovereign and upon your Royal issue shall ever be the prayer
of your Majesties loyal and distressed subjects settled in South
Carolina. Signed, Richd. Allein, Sam. Eveleigh, Alexandr.
Parris, B. Schenckingh, Samuel Prioleau, George Chicken, Thos.
Smith. By order of the Commons House of Assembly. T.
Hepworth, Speaker. 9½ large pp. [C.O. 5, 382. No. 20.] |
Feb. 3.
Whitehall. |
542. Council of Trade and Plantations to Earl Stanhope.
Ask for "H.M. Orders to build us two new rooms upon a piece
of spare ground adjacent to our office appertaining to H.M." etc.
cf. 9th Jan., and 3rd April, 1718. [C.O. 389, 37. p. 170.] |
| Feb. 3. |
543. Agents of Barbados to the Council of Trade and
Plantations. Reply to the complaints against the Governor
of Barbados, in relation to his permitting a Spanish sloop to
trade there, and to his receiving of money. We admitt that
upon a long examination of Pablo Planes before the Governor
and Council, did appear that the goods on board were but
of small value and could not in rigour be called a cargo or
loading (v. 25th Feb.) Wherefore the Governor was of opinion
that as it would be a great advantage to the Island, to encourage
and induce the Spanyards to bring thither their mony and
West India commoditys, soe he knew of no Act of Parliamt.
against it, with which opinion the Councill unanimously agreed
and concurred with the Governor that Pablo Planes or any other
Spanyards might be permitted to unload and sell his or their
said goods there, provided they brought nothing but the
produce of the Spanish West Indies etc. It does not appear
from the Minutes of Council, 19th Dec., 1718, that Mr. Cox
made any remonstrance, as he pretends, but was present and
concurred etc. Refer to enclosure. It has always been thought
prudent to connive at a trade from Jamaica to the Spanish
coast etc. The merchants agree that a like trade from Barbados
would be advantageous etc. |
|
As to the money said to have been paid to Governor Lowther
(i) the first sum, £130, was paid not to him but to Capt. Waldie
with the thanks of the Assembly for his great civility to the
Governor his Lady and family in their passage to Barbados.
(ii) £3750 Island money was voted to defray the Governor's
expences in being recalled and returning to Barbados, and repairing Pilgrim's. (iii) £1000 for furnishing his cellars, which
was accustomary and has allways been given to the Governor
of that Island. (iv) £1300 for his entertaining the Council,
Assembly, Judges and Officers of the Court of Grand Sessions.
(v) £4050 for his expences for supporting the honour of the
Government, and for solemnizing the happy success of H.M.
arms, against the rebells of Great Britain. (vi) £1300 for
reimbursing the Governor's expences in the administration of
publick affairs. (vii) £3960 was voted by the Assembly, for
that it was directed by an Act of Assembly, that a quantity
of land should be purchased at the publick charge to supply
the want of land at Pilgrims, which not being done, they
voted this money as an equivalent. (viii) £1950 voted in
acknowledgment of the great care he had had in promoting
tranquility etc. (ix) £3900, as a gratefull acknowledgment
for his expences in the administration of Government.
(x) £1950. We have not seen any Minutes in relation thereto
etc. As to expenses, refer to exorbitant price of all fresh provisions in that Island. The votes were made unanimously,
agreed to by the Council, and entered in the Minutes. There
has been no endeavour at concealment. The money is not so
much in proportion as that received by the Governor's predecessors, without any complaints being made against them,
so that wee may reasonably conclude, that this present complaint is exhibited more out of malice, partiallity and party,
than from a sense of any injury, done to either the Island or
private persons. Wee believe that some of the Gentlemen,
that did attend Mr. Cox's complaint, were Members of the
Assembly in Mr. Sharpe's time (who was sent to succeed Mr.
Lowther, by the late Lord Bolingbroke, and that Ministry),
we say, that very Assembly, gave much more mony in tenn
months, than was ever given to any Governor in the time etc.
We cannot doubt, but that your Lordships will give the Governor
an oppurtunity of justifying himself. Signed, Geo. Bampfeild,
Alexr. Stevenson. Endorsed, Recd. Read 3rd Feb. 1719/20.
6¾ pp. Enclosed, |
|
543. i. Deposition of Henry Lascelles, Collector of Customs,
Barbados. 3rd Feb. 1719. No such Spanish sloop
as is described by Mr. Cox entered or cleared in the
Custom-House, Barbados, etc. Signed, Henry Lascelles.
¾ p. [C.O. 28, 15. Nos. 66, 66 i.; and (without
enclosure) 29, 14. pp. 43–52.] |
Feb. 3.
Whitehall. |
544. Mr. Popple to Thomas Trion. The Council of Trade
and Plantations desire to speak with the complainants against
Mr. Lowther, in order to know if they have any further proof
etc. [C.O. 29, 14. p. 53.] |
| Feb. 3. |
545. Mr. Buck and the Co-partners for settling the Bahama
Islands to the Council of Trade and Plantations. Reply to account
of Jan. 21st. No. 1. Narrate steps taken by them to resettle
the Islands, and repeat account of inhabitants of Providence etc.
Continue:—We were no sooner assured that the Proprietors
had surrendered the Government, and that resolutions were
taken to send thither a garrison, but we sent to several places
in America to invite planters and merchants to settle there,
and for their encouragement, to supply them with all
necessarys. We fitted out four shipps with propper cargoes
to purchase negros, live cattle, timber, and lumber for building
of houses, allso with clothes and tools for cutting wood and
clearing the land, and gave three years creditt for the same to
such planters as should come to settle. We also hired and sent
severall handicrafts with proper tools for clearing the lands and
building of houses, and were at the charge of transporting the
Independt. Company, and severall famillys to the number of
200. Our agents dying soon after their arrivall, the Governor
took upon him to seize the said shipps to make guard shipps, and
to dispose of their cargos for building forts etc. as 31st Oct.,
1718. The old inhabitants have generally been pirates, are
neither honest nor industrious, working does not agree with
them, and they may want necessarys etc. |
|
The inhabitants of Eluthera and Harbour Island, being
generally industrious, have plenty of all the necessarys of life,
having great stores of Indian corn, yams, potatoes and cassada
roots growing there etc. as 31st Oct. 1718, May 29, 1719 etc. |
|
Urge the Government to send a few large iron cannon
and 250 men to strengthen the garrison. Continue: There
must be one great errour in the report that says the inhabitants
are allready decreased to less than 200, for in a letter of a very
late date the Governour advises that he was going to send 300
men belonging to that Island upon an expedition under Capt.
Hildersley, H.M.S. Flamborough, besides there are 7 or 8
privateers out a cruizing upon the Spaniards with the
Governour's commission, and we are well assured that many
of the Switz, French and Pallatines we sent over are still living.
It was never our design to ingross the trade of these islands etc.
To encourage merchants to trade thither we have not laid any
duties, nor demanded any anchorage or other fees. And we
have sent but one ship from England since the Governour
seized our effects soon after his arrivall etc. We have been at
vast expence, and very great risque in beginning the settlement,
and maintaining the people we sent there etc. the great end at
first proposed which was clearing those Islands and seas of
pirates is now answer'd, and those pirates forced to fly to
Africa for shelter. Since the pirates have been dispersed,
the Harbour of Providence has never been without ten or twelve
trading vessells belonging to other Collonies, sometimes 20 or
30 at a time. We hope the Crown will both assist and protect
the settlement, if the Co-partners keep their rights, who would
not so generously have advanced their money for the publick
good, if they had not relyed on the Government for protection
etc. As to the objection of alterations and innovations:—The
Co-partners have for incouragement of planters reduced the
quitt rent from three pence to one penny sterling per acre, and
have only obliged them to clear and cultivate at least one half
of their lands in three years. And for the better peopling the
Island were desirous not to allow more then 25 acres to any one
person nor too great a tract of land to any one familly. As to
the suggestion that no provision is made for a Minister or Chief
Justice out of the royalties, the Co-partners have not received
£20 out of all the royalties. They did send out a French minister
with the French etc., and agreed to carry over an English
Minister, who when the shipps were ready refused to go.
Application has been made to the Bishop of London and the
Society for Propagation of the Gospell for another etc. We are
informed that H.M. has appointed Christo. Gale Chief Justice
etc. We do agree that the Bahama Islands are of too great
importance to be left with a slender garrison in the hands either
of Proprietors or Leasees, and deserve the immediate care of
the Crown, to whom we are willing to surrender our lease and
title upon being reimbursed our charges, to prevent so useful
a place falling again into the hands of either Spaniards, French,
or pirates, and should be glad that any advantages of trade might
be allowed by making it a free port. Our agents have never
demanded any customs, fees or dutys. Curraseau, Jamaica
and St. Thomas are very far from being free ports, as suggested,
etc. Signed, Sam. Buck. Endorsed, Recd. 3rd. Read 4th
Feb., 1719/20. 5 pp. [C.O. 23, 1. No. 21.] |
| Feb. 4. |
547. Mr. Solicitor General to Mr. Popple. Reply to 2nd
Feb. I think it plain that by the first clause in the Act of
Navigation, 12 of Charles II, the Spanish ships referred to are
prohibited to be imported into our Colonys or Plantations under
the penalty of the loss of their ships and goods also they are
prohibited to export goods from thence in shipping not English
etc. Signed, Wm. Thomson. Endorsed, Recd. 4th. Read
5th Feb. 1719/20. ½. p. [C.O. 28, 15. No. 68; and 29,14. p. 56]. |
| Feb. 4. |
548. Thomas Bernard, a Councillor of Jamaica, to John
Chetwynd (a Commissioner for Trade and Plantations).
Acknowledges letter. Continues: The approbation you give of
the Council emboldens me to trouble you a second time. All
hopes of the last Assembly proving vain, the Governor was
persuaded to dissolve them, and some time being allowd them
to cool, a new was convened 20th Oct. In the elections the same
practices were used by the same persons to get those elected
who had been most furious in their opposition to the King's
authority, and most disposed to revive the former personal
differences; but not altogether with the same success. After
more than a month's sitting, and a months adjournment upon
their second meeting they pass'd four mony bills, the Additional
Duty and Deficiency, both liable to all the same objections, and
contrary to the same Instructions with those of last year, a
third to revive some former mony bills, and lastly, a bill appropriating the sums rais'd by the other Acts, which was postpon'd
to the last, till their demands were complyd with, and in it
they have inserted some of the most unreasonable, and made
them a necessary condition of supporting the Government.
Among others, there were two extraordinary clauses one,
to prevent any of the mony given as a supply to H.M. Revenue,
from being applied to the discharging any orders, against which
the Assembly had addressed. And the other, to impower the
Receiver General to pay the Attorney General, the new Speaker,
certain fees, without passing through the usual forms of the
Government, of an order from the Governor and Council, and
cited at the Board. The first was levell'd at Lord A. Hamilton,
Mr. Stewart and Coll. Howard, who had both been commanders
of the Fort at Port Royal, agt. whose orders the Assembly in
the beginning of Mr. Heywood's Government, had address'd
and promis'd to shew the reasons, wch. they neglecting to do
in that and the succeeding sessions, Mr. Stewart was reviv'd
by Mr. Heywood and his Council, a little time before he left
the Government, and Col. Howard's by the present Governor,
but for want of mony have not been paid. This, Sir, is a new
encroachment in depriving the Governor and Council of the
ordering and issuing H.M. Revenue vested in them by his patent
and instructions, and that without any representation or complaint made; and the hardship is the greater that the pay of
the Lt. gunners and matrosses of the Fort who cou'd never
have offended them, is included in one of them. Lord A.
Hamilton's are orders upon that mony, which was taken out
of Mr. Major's hands, which his Lordship advancd out of his
own pocket, and were disallowed in Mr. Knight the Receiver
General's accounts, and must be added to the sum already due
to his Lordp., and the then Council, for subsisting the soldiers;
which tho' so often determin'd by H.M. to be a just debt, they
have this Sessions again refused to pay. The Attorney General
opposing it with all imaginable bitterness, and saying upon
that occasion, that King James had been forc'd to abdicate for
less crimes; it is not at all surprizing, a person of his religion
shou'd think the introducing of Popery a trivial fault. The
other, is an incroachmt. of the same nature, occasion'd by some
regulations the Council had made upon his fees now swelled
to a very great summ, too burthensome for the Revenue to
bear, already short of it's annual charge, and which they
thought, ought more properly to be charged upon the sevl.
parties, and it has the worse aspect, since the Speaker himself
is the King's Attorney, whose duty it is to oppose such incroachments, tho' the first to promote them; when they take upon
them to pay officers, it is easy to foresee, where the dependence
must be, and instead of the King's, in time they will become
the Assembly's Officers. To these bills the Council gave their
assent much against their inclinations; But the last allarum
had made us so sensible of the weak condition of the Island and
the risque we should run in case of a real attempt, that we hope,
we are in no present danger of any, to be found with an empty
Treasury and a bankrupt credit; that notwithstanding the
Assembly persist in their obstinacy at all hazards, we choose
to give way to the necessity of the times, and leave the supporting the King's Instructions to the King's Ministers, who had
the framing of them, and who have sufficient power to do it,
had they sufficient leisure for such remote considerations;
and the visible want of that encourages these men in their
insolence. Indeed Sir the strife is grown too unequal between
a very few gentlemen of H.M. Council on the one side, and the
Gvr. and Assembly on the other. Perhaps we might have
attempted some amendments had not the Govr. in his Speech
precluded us, as I formerly told you, by declaring that we had
no right to amend either in the raising or applying parts, and
if we have no right to amend in those parts, we have in effect
no right at all. Had these bills miscarried by such an attempt,
he wou'd not have fail'd to throw the whole odium upon us. If
Govrs. Sr. are sufferd to prevaricate with and explain away
their Instructions, so contrary to the plain word and meaning;
I know not to what purpose it is to give any. When the Lords
Commissioners take his Speech into consideration, I hope they
will assert the Instructions, and do the Council justice in that
point. This favorite bill was the solliciting bill, this the
Council rejected; and because they had not enter'd their
reasons, wch. seem'd unnecessary, when so many appear'd
already in former Journals; The Governor treated them in
a harsh unbecoming manner, not consistent with the freedom
of a Council of State, and much less as they were acting as a
Legislative Body in a distinct capacity from the Govr., of wch.
sort of treatment he himself and the rest of the then Council
had made heavy complaints agt. the Earl of Inchiquin, in a
letter subscribed by him to the Lords of Trade, wherein they
say that instead of faithfull Counsellors, they were oblig'd
to be either mutes or flatterers. The reasons for rejecting it
were, their assuming the sole nomination of the Agent to
themselves, and in effect the whole management of the affairs
of the Island, being five to two. Tho' there were some heads
to sollicit upon, as the passing of Laws, and the cession of
Campeachy (which last I recommended last year, to some
friends, as a receptacle for the loose disorderly sailors, and the
most likely thing to divert them from their piratical courses)
yet they were left at large to sollicit whatever else they thought
fit, without being oblig'd to communicate to the Govr. in the
intervals of Assembly. This we thought too dangerous a power
to lodge in such a set of men, the principal of wch., Mr. Kelley,
was notoriously an Irish papist, and a countenancer and
encourager here, of all persons of the same nation and religion,
one whom the Govr. has said was vehemently suspected of
being with the Pretender, and listing men for his service, one
who, when intrusted with the management of the private
subscription mony, did not stick at the base methods of
subornation and perjury to ruin Ld. A. Hamilton; and the
rest, men of no principles, and all remarkable for their constant
opposition to the King's authority; and it is plain from the
frame of their present bills, that the laws they design'd to
sollicit for, are such as are flatly contradictory to the King's
Instructions, and derogatory to his authority. What hopes
the Govr. had form'd from this Bill, is past my skill to find out;
But it is easy to see their view in it, was to carry on their designs
under the countenance of publick authority, and by the help
of that and their private subscriptions, they flatter themselves
to bring about whatever they shall please to attempt, and in
this they have been too much encouraged by their former
success. To me there seems little need of it, since we have
always found a readiness in the Lords Commrs. of Trade to
recommend such laws for H.M. approbation as were really for
the interest of the island, and conceiv'd in modest and dutifull
terms. If any Office fees are to be paid, those may be easily
advanced by the Govr. to be repaid out of the publick Treasury.
But shou'd it be thought necessary, I humbly offer that both
the person and salary shou'd be appointed by H.M.; without
that, to pass it in its present form, and at the present juncture,
is to put a sword into the hands of cutthroats and madmen.
There were besides, a bill or two, of no great moment, past,
and one, for the relief of such as had suffer'd from piracies committed by H.M. subjects, intended principally for the service of
Mons. Bonfils and some other Frenchmen. Refers to this case,
v. supra. Continues:—While this Bill was depending, the
Assembly were guilty of a great folly and presumption in
admitting and reading in their House, letters from the French
Govr. and Intendant at Hispaniola directed à Messieurs
L'Illistre and Souvereine Assemblee de la Jamaique. Notwithstanding it was very general and of an unusual nature,
invalidating in great part the King's pardon by subjecting
every man's estate (restor'd by that pardon) who had ever been
concern'd either in the piracies or in receiving any of the goods,
to make satisfaction; And that the Council apprehended it
might be made a bad use of, and produce some ill effect;
yet being to desirous to goe as far as possible for the relief of
the unhappy old Frenchman, they therefore past it with a
clause to suspend the execution of it till H.M. pleasure shou'd
be known, as the Govrs. 16th Instruction directs. But the
Assembly have always refus'd to submit to it, tho' the most
just and reasonable that ever was fram'd, and so it dropt.
They were then adjourn'd till June; It was only an adjournment to give leave to a Committee to sit to inspect their Laws,
now near expiring, and report what Laws of England are proper
to be declar'd in force here. When they come to consider it,
they will be sensible of the difficulty of the undertaking, and I
doubt not, no man has either leisure or capacity equal to such
a task; since I perceive, the Governor has writ to the Lds.
Commissrs. upon that head, I will beg leave to offer my thoughts.
All pleas of the Crown, all criminal causes, all causes relating
to King's Peace, have always in this Island been heard,
tried and adjudg'd according to the Laws of England; And
likewise all Civil causes, all Common Pleas (except in some
very few points, in which the Laws of this Island have made
provision) have been determin'd according to the same Laws,
tho' often for want of knowledge both in the Bench and Bar,
those Laws are wretchedly misconstrued and perverted. If
upon the re-enacting of our own Laws; H.M. wou'd be graciously
pleasd to allow us some of the latter Statutes, wch. have been
doubted, as particularly the Habeas Corpus Act, and the
Statute of Frauds, and likewise that all causes as well criminal
as civil hereafter to arise, shall be heard, tried and adjudg'd
according to the Laws of England, as they have been us'd in
the Island; it is all we can expect or desire; and at the same
time I propose, that this shou'd be granted upon express condition of making H.M. Revenue equal to the annual charge,
and of subjecting their lands or at least the produce of them to
ye payment of debts, the want of wch. is both a discredit to
the Isld., and a discouragemt. to trade. But while our
Assemblys shew such disregard to the King's Instructions,
while they assume greater powers and priviledges than were ever
exercisd. by a House of Commons, and wch. I suspect they
wou'd have understood by the Laws of England; and while
they continue to talk in the stile of the Governor's letter, that
they insist upon such matters, I very much fear these are
favours we are never like to obtain. Signed, Tho. Bernard.
Endorsed, Recd. 10th May. Read 2nd Nov., 1720. 11¾ pp.
[C.O. 137, 13. No. 41.] |
Feb. 5.
Whitehall. |
549. Mr. Popple to Mr. Attorney General. The Lords
Commissioners of Trade desire your opinion whether by enclosed
clause in their Commission, they are sufficiently impowered to
administer an oath upon examinations that may come before
them. Mem. a like lre. was writ to Mr. Sollr. Genl. and
Mr. West. [C.O. 389, 37. p. 171.] |
Feb. 5.
Whitehall. |
550. Mr. Popple to Dudley Woodbridge. The Council of
Trade and Plantations desire an accot. in writing whether a
Spanish sloop did in Dec. 1718 unload at Barbados, and how
long she stayed etc. [C.O. 29, 14. p. 58.] |
| Feb. 6. |
551. Mr. Woodbridge to Mr. Popple. Reply to preceding.
The Mary sloop commanded by Dn. Pablo Planes, a Spaniard,
owned by the Spanish Secretary of Cumana (a town on the
Spanish coast to leward of Barbados) and man'd with Spanish
sailors, did arrive in Barbados, on 18th Dec. etc. The master
sold his cargo etc., and told me he was directed to enter and
clear at the Secretary's Office but at none of the rest etc. Signed,
Dudley Woodbridge. Endorsed, Recd. Read 9th Feb., 1719/20.
3 pp. [C.O. 28, 15. No. 71.] |
| Feb. 6. |
552. Mr. Solicitor General. Reply to Feb. 5. I am of
opinion that the clause in the Commission which is under the
Great Seal does impower the Commissioners or any three of
them to administer an oath to witnesses who shall come before
them to be examined touching any matters mentioned in the
Commission to which that power does relate. Signed, Wm.
Thomson. Endorsed, Recd. 6th, Read 9th Feb., 1719/20. ½ p.
[C.O. 388, 77. No. 72; and 389, 37. pp. 171, 172.] |
Feb 7.
(? N.S.) Moon Castle, Havana. |
553. Richard Farrill and Waiger Nicholson, prisoners at
Havanna, to [the Governor of the Bahama Islands]. Since ours
of 3rd inst. hath arrived Capt. Lagee who lately cruized off of
Carolina and Florida and brought with him about 22 English
prisoners. The officers have been very curious to informe
themselves by him of the strength of yor. Governmt. and
Carolina and he doth represent them so very defenceless that its
already currently talked their armamt. will attack one of them
in case the news from Pensicola does not encourage further
progress for that place of which they are momently expecting
notice by the sloop we advised they had sent for that purpose etc.
As their ships are now all in a readiness so very little time will
be required before they may go under saile to prosecute their
resolutions and shod. it be for any of the English Dominions
no doubt but that so soon as 'tis resolved on all our Englishmen
will be confin'd so that we have not the opportunity to acquaint
you. We therefore think it our duty to add these their new
agitations for yor. precaution and pray you'll likewise please
to informe the Govr. of Carolina etc. Wee are not without
hopes that the escape of this bearer will be as effectuall to
terrify them as was Mr. Walker's last yeare etc. We are told
they won't be able to make above 1200 in all so that they won't
spare above 100 to execute the function since many of the ships
won't enter yor. harbour and those that do pray God avert their
success, etc. Feb. 19th. The badness of the weather detained
the foregoing etc. Yesterday arrived the expected sloop from
Pansicola wth. notice that the French have burned their houses
and are retired to Mobille and that all their great ships are gone
for Europe. Whereupon instead of proceeding with the aforesd.
armamt. for to take sd. place wee are informed they despise
the attempt as being able to take it [? at] pleasure without
resistance and therefore have listned to the aforesaid suggestions
of Capt. Lagee and have accordingly determined to attack both
yor. Government and Carolina. But know not which will be
attempted first. The force they will be able to sett out with all
will be:—The ship Prince 50 guns, Hercules 40, St. Joseph 36,
2 Barlovinto ships 14 and 24, the Herbert pink 18, St. Christo.
16. 5 or 6 sloops from 4 to 8 guns. The whole complemt. of
men may be 1200 the most unexperienced raw fellows. They
give out that they expect an invasion from Carolina for St.
Augustine which they shall only goe to intercept at the mouth
of said Harbour but this is only to colour their other designe
as we beleive. We pray yor. Excellency to forward the enclosed
for his Honour the Govr. of Carolina by all possible expedition
here having been this day published a proclamacon for all these
vessells to be under sail 3 days etc. Signed, Richd. Farrill,
Waigr. Nicholson. Endorsed, Recd. (from Mr. Boon) 3rd May.
Read 7th July, 1720. Copy. 2 pp. [C.O. 5, 1265. No. 150.] |
Feb. 8.
Whitehall. |
554. Mr. Secretary Craggs to the Governor of Barbados.
Mr. John Pyott, jr., and Dr. Samuel Swinfern having mony
due to them in right of their wives, daughters of Mr. Fretwell,
you are to assist their agents John Frier and Charles Rider to
obtain justice in this affair etc. Signed, J. Craggs. [C.O. 324,
33. pp. 264, 265.] |
