|
Nov. 1.
St. James's. |
706. H.M. Commission to Governor the Duke of Portland
to be Captain of an Independent Company at Jamaica. Countersigned, Carteret. [C.O. 324, 34. p. 82.] |
| [Nov. 2.] |
707. List of Lt. Governors of Jamaica, 1702–1721. 1 p.
[C.O. 137, 51. No. 76.] |
Nov. 2.
St. James's. |
708. H.M. Commission to Charles Du Bourgay to be Lt.
Governor of Jamaica. Countersigned, Carteret. Endorsed,
Recd. 22nd Nov., Read 5th Dec. 1721. Copy. 1½ pp. [C.O.
137, 14. ff. 46, 46v., 47v.; and 324, 34. p. 83.] |
Nov. 2.
Barbados. |
709. Memorial of the Council of Barbados to the Council
of Trade and Plantations. The behaviour of Mr. Cox since he
was honoured with the trust of Commander-in-Chief has been
one continued series of tyranny and oppression etc. So far
from obeying H.M. orders for restoring all officers civil and
military, he has refused to restore upwards of 100 Justices of
the Peace etc., and encourages a parcell of mean fellows his
creatures whom he made Justices to insult gentlemen of the
best fortunes and distinction in the Island and upon any
frivolous pretence to committ some and threaten others to the
stocks. Tho' he made a shew of restoring severall officers, yet
he no sooner had done so but he immediately turned them out
again. In order to defeat H.M. said orders, he has formed
severall frivolous complaints against such gentlemen whose
places are of any proffitt to make room for his sons in law and
accordingly carried on a prosecution agst. the honble. Edmund
Sutton, Chief Judge of the Court of Common Pleas for the
precinct of St. Michaell, and after he had most vilely proceeded
therein by professing himself a party and calling the witness agt.
Mr. Sutton our witnesses and the Council employed our Council,
and not suffering Sutton or his Council to offer anything in
justification of Sutton or against the unpresidented manner
of his proceedings, he turned out Sutton and in his place named
one of his sons in law Mr. Beckles without the consent and against
the advice of the Council. His behaviour to the Council on
this and indeed on every occasion is so incredible that did he
not glory in it we cou'd hardly hope for creditt. He orders
the Council to attend here twice or thrice a week but suffers
not one of them to speak or offer his reasons or to give any
opinion touching any the matters in debate and should any
of them raise the least objection or ask any questions for better
information he immediately orders him into custody or threatens
to committ him. His treatment of Mr. Ball and Mr. Bond are
so notorious that wee presume twill not be denyed. He tells
the Councill in the most insolent abusive terms they have
nothing to do with matters complained of at that Board and
therefore are to ask no questions nor give any opinions but
when he requires it etc. He will not suffer any Minutes to be
taken but those of his own dictating by which means the Council
are represented in the most unjust manner for their reasons and
objections by his express commands are misrepresented and
his own made to answer his purposes by altering changing and
interpolating as the occasion will best suit his designes and to
compass his ends herein he has order'd the Depty. Secry. and
Clerk of the Council not to attend at that Board, and has
appointed one to take the notes or minutes of Council that he
may afterwards add or alter at pleasure etc. From our opinions
and reasons for many years offer'd at this Board and duly
entered in the Councill Books, none can think us capable of
committing such gross absurditys as he is pleased to charge
us with etc. But the publick are more nearly concerned in
respect as well to their liberty as propertyes. For no affair
is determined at this Board under the present administration
but one or other of the partyes find themselves very much
aggrieved in the manner of the President's taking and
ordering the Minutes. He forms no other rule than that of
gratifying his resentments and malice preferring his creatures
and sons in law to all the posts and preferments in the Governmt. and in order thereto to load all those gentlemen that
stand in his way with infamy and disgrace. Not a gentleman
of the Law dare object to any course or method he proposes to
take or even on the justest occasion to speak for their clients
without hazarding being committed. The fate of a gentleman
whom for no other reason he committed notwithstanding he
offer'd any security his Honour shoud require gives them just
apprehension, and wee cannot doubt of the like usage to ourselves as he has often threatned if wee in the least by our
reasonings offer to controul his most arbitrary designes. His
usage of Mr. Carter in forming a prosecution agt. him for a
pretended endeavour of his to engage a person's vote for the
election of an Assembly man about 15 months agoe, and the
manner of his carrying on the same in order to suspend him will
be a notorious instance of his malice, but this affair not being
yet determin'd, we shall not further insist upon it etc. Pray
that no vile misrepresentations from Mr. Cox or his packt
Assembly may receive any judgment untill H.M. has given them
time to make good their charges etc. Signed, Tho. Maxwell,
Tho. Maycock, Guy Ball, John Lucie Blackman, Will. Carter,
Fra. Bond, John Colleton. Endorsed, Recd. 6th, Read 9th Jan.,
1721 (2). Addressed. 12/3 p. [C.O. 28, 17. ff. 206, 207, 207v.] |
Nov. 2.
Barbados. |
710. Mr. Carter, Attorney General of Barbados, to his
correspondent, Mr. George Newport. Merchant in London.
Repeats complaints in preceding concerning Mr. Cox's despotic
behaviour in Council. "He used threats of imprisonment to Mr.
Ball when he insisted upon his right of speaking at the Board;
and Collo. Bond was ordered to be taken into the custody of
the provost marshal as he sat at the Council Board, for asserting
his right as a Member there" etc. Continues:—Lately he
and his creatures caused a petition to be exhibited by four
persons against Judge Sutton etc. This petition was ordered
to be heard in Council, and Mr. Sutton directed to answer it,
accordingly he did prepare an answer in writing, which he
delivered in at the Council Board desiring that the same might
be read and afterwards entered in the Councill, as the petition
against him had been, but instead of suffering that to be done,
Mr. Cox snatched up the answer with severall coppyes of records
which were annexed to it, and put up all safely into his pocket
declaring that the answer should not be read, whereupon Mr.
Sutton insisted upon having the answer returned to him but
all in vain; for Mr. Cox carry'd it home with him, where it
remained severall dayes, during which time, he proceeded to
examin severall witnesses very unfairly against Mr. Sutton, to
matters which were not particularly alledged in the petition,
which I objected to, because it was impossible for Mr. Sutton to
make a regular defence without knowing what was charged
agt. him. But this signified nothing. For Mr. Cox was determined to displace him from his Judgship at any rate, and to
that end he afterwards caused Mr. Sutton's answer to be read
and immediately upon that delivered in a long replication in
writing, at the close of which was a sentence of deprivation
against Mr. Sutton without the consent of the Council. My
brother William Carter, too, has mett with sad treatment from
this Mr. Cox, for some men have mett with encouragement, to
swear to words which they say were spoken a year and a half
ago almost, by which they would make him to prejudge a cause
in Chancery, which is not yet determined. These affidavit
men have bin sufficiently confuted by affidavits made by men
of good credit and reputation, but yet 'tis thought that Mr. Cox
will venture at a suspention. P.S. I give you this account,
with a desire, that if the making it known can be of any use,
you'l do it. Signed, Rich. Carter. Endorsed, Recd. Read
9th Jan., 172½. Copy. 2 pp. [C.O. 28, 17. ff. 208, 208v.,
209v.] |
Nov. 3.
New York. |
711. Governor Burnet to the Council of Trade and Plantations. Informed that the 2 pr. cent. Act was very much opposed
by the merchants and in great danger of not being confirmed,
refers to postscript to letter of 26th Nov. 1720 etc., and adds:
(i) By the Act for a revenue passed in 1691 ten pr. cent. was
given on goods called Indian goods, specified therein, to be
cheifly of English manufacture for 2 years, besides the 2 pr.
cent. on all other English goods. (ii–v) By the Acts pass'd, in
1692, and 1693, 1698, 1702, the same dutys were continued
at 5 pr. cent. and 2 p.c. to 18th May, 1709, at which time
the whole Revenue expired etc. It is hoped since the
additional heavy dutys of 10 per cent. and afterwards 5 per
cent. are not now renewed the moderate one of two per cent.
will be confirmed. Since the profit of 30 or 40 per cent. is
generally made on course goods from Bristol and 20 or 30 on
the finest goods from London and that the use of this Act is
for the fortifying this Province and securing ye Indians in the
British interest, without which is secured the whole beavour
trade which is the cheif return for the aforesaid goods will be
wholly lost from us to the French which makes it more reasonable that the merchant should bear so small a duty, since the
most immediate benefit will accrue to them from it unless they
desire rather to trade with the french in Canada entirely for
beavor, and to let them have the whole trade of English goods
with the Indians which has been too much the practice of late,
to the utter ruin of the british interest with the Indians, if it
had not been prevented by a seasonable law made at the same
time with the aforesaid two per cent. Act etc. Signed, W.
Burnet. Endorsed, Recd. 18th Dec., 1721, Read 18th May,
1722. 1½ pp. [C.O. 5, 1053. ff. 31–32v., 33v.] |
Nov. 7.
Charles Town, South Carolina. |
712. Governor Nicholson to the Council of Trade and Plantations. Refers to letter of 6th Oct. repeating part of Oct. 28th.
Sends this by Mr. Lloyd etc., 28th Oct. Continues:—I thank God
our harvest of rice ended very well and I hope that of Indian
corn will do ye same. I do assure yor. Lordps. that I have not
been wanting in cost or pains to settle this H.M. Province etc.
P.S. An Engineer arived here last week from ye Board of
Ordnance he is employed at present in viewing Johnson's Fort
and the fortifications of this town but I design next week (if
possible) to carry him to the Alatamaha Fort. Signed, Fr.
Nicholson. Endorsed, Recd. 3rd Jan., 1721, Read 20th April,
1722. 1¼ pp. [C.O. 5, 358. ff. 113, 113v., 114v.; and
(abstract, with notes for reply) 5, 406. p. 2.] |
Nov. 8.
Barbados. |
713. Mr. Cox to the Council of Trade and Plantations.
This ship being the last conveyance I am likely to have for
Brittain this year, I have by her transmitted the Minutes of
Councill to the 24th of October last which containe all the
materiall occurences in this Island since my last. And as it
is I hope the last oppertunity I shall have as President of
Barbados of addressing yor. Lordships, I flatter myself that
your Lordships will give me leave to make some reflections on
my conduct, which has been so very much mistaken, and so
unfairly misrepresented from hence by a set of men who are
abandon'd to ye sense of all modesty and shame and whose
only support is falsehood and calumny. 'Tis no small mortification to me (My Lords) to be inform'd in general by my enimes
that I have incurr'd yor. Lordships displeasure and censure
unhear'd and without knowing from yor. Lordships or any
other person whatsoever what the particular crimes I have been
accused of are. If I may be permitted to guess at them from
the public prints (for those are the only accounts of particulars
which I have) the charges against me are the most abominable
groundless falsehoods that ever were invented, and without
any manner of foundation. I am not surprised indeed that a
sett of men should attack me with falsehoods in England when
they have the assurance to do it to my face. But I cannot
help being under a great surprize, to find credit given to them,
I will say without proof because 'tis impossible to prove them.
If I was too hasty in suspending the members of Council at
the beginning of my administration, before the spirit with which
they attackt me had sufficiently display'd itself in their actions,
I perswade myself that their conduct since, will demonstrate
even to your Lordships that the suspending them was for H.M.
service, and that it was impossible for me any otherwise to
administer the Government, or preserve the peace and tranquillity of the Island. And as to the changes I made in the civil
and millitary officers, they were not such as was represented to
yor. Lordships, they were only restoreing those old experience
officers (who had been turn'd out by Mr. Lowther without
cause) to their former posts. And I am sure were it possible
for yor. Lordships, to comprehend what ye Militia was before,
I turn'd out Mr. Lowther's needy officers and what it is since
they have been restor'd, with what it was when comanded by
the old officers who I restor'd, yor. Lordships would be of opinion
that I deserved thanks for the changes I made. I am told that
severe clamours have been raised about the election of a new
Assembly, and I am at a loss to conceive how I can be affected
with them. I had no concern in the elections, but the issueing
the writts and issued them according to the laws of this Island,
as the Assembly (whom the Law has made Judges of that
affair) has determin'd: But as I know not the particulars of
the charge either against myself or the Assembly, I shall pass
over this head with remarkeing to yor. Lordships, that this
Assembly by the election law which they pass't have plainely
demonstrated, that they are for having the Assembly chosen
by the real and substantiall freeholders, and not by sham votes,
and if they have not a majority of the substantiall and bona
fide freeholders for them, they have by this law excluded themselves from ever being chosen again. And if they have a majority
of the freeholders for them, then they are the majority of the
people, and not such an insignificant party as Mr. Lowther
and his necescitous faction have most groundlessly represented
them. Since my last I have removed Mr. Sutton from being
Judg of the Bridge Court, in obedience to my eighth and thirty
second Instructions, and in complyance with a Representation
of yr. Lordships Board, and her late Majesties Order thereon
dated ye 20th Aug., 1709. And copies of my reasons are
inclosed, and the proofs of them in the Minutes of Council,
and other papers herewith sent. The conduct of ye restored
Members of Council on this occasion has been so very partial
that I cannot give myself leave to doubt, but that yor. Lordships
will be of opinion that it deserves censure. It discovers a spiritt
of party and faction, that shews, that guilt and innocence with
them are nothing but being for or agst. them. Their refuseing
to agree to ye nomination of any person wt.soever to be Judg,
when so many applications were made by the inhabitants who
are like to be ruin'd for want of writts, which the Judges here
only can test, is such an injury to H.M. subjects that can never
be repair'd. I have done all in my power to prevaile on them
to comply, but in vain, and am at a loss what method to take
to prevent the injuries thereby dayly done to H.M. subjects.
As to Mr. Carter's affair which yr. Lordships will find in ye
Minutes of Council, etc. (v. 11th Oct.), as he has desir'd further
time to answer, I shall not say any more of it. In some of the
public prints I find the faction have accused me of encouraging
the french trade. 'Tis amazing to me that any one that
pretends to honour or humanity can advance such absurd lies,
the very reverse of which are true. For I have had a more
watchfull eye over that trade, and done more to prevent it
than any of my predecessors ever did etc. My Lords, since I
have been President I have had 18 vessells illegal traders
seized, without being one farthing the better for them; for
through the artifices of ye Attorney Generall Richard Carter,
and the conduct of the Customhouse Officers, after I had order'd
lybells in the Admiralty as the Acts of Trade and Navigation
directs, the Customhouse Officer Gibbes in whose name they
were brought by the advice of the Attorney Genll. as he told
me disavow'd those libells, and brought informations in the
Exchequer upon a Barbados Law, which gives halfe of the
goods and vessell to the informer, and the other halfe to the
Treasury here. Whereby I am deprived of one 3d. of ye seizures,
which by the Laws of England belongs to me. However this
shall not discourage me from doing my duty, But I can't but
resent that those very people who are the encouragers of French
trade should have the foreheads to accuse me of it. If yor.
Lordships would know who are the chief encouragers of it, give
me leave my Lords to assure you that they are none but the
great factors who have large consignments and who want the
french sugers for their cheapeness. But above all Mr. Henry
Lascells Collector who by being one of the chiefest shippers of
sugers to private persons as well as the King, ships the good
sugers received for duty to his private correspondents at high
prices, and buys french sugers at low rates and ships to the King
for duty, which I am ready to prove upon him. I lately received
a letter from the French Generall giveing an acct. of some
pyrates, and have sent Capt. Brown in the Feversham after
them, whose ships crew was so sickly that I was forced to supply
him with about 50 men, the difficulty of procureing them, and
all ships being sickly at one time or other of their being on the
station shews the necessity of having two men of warr here.
That on any emergency one may be man'd out of the other.
Sign'd, Saml. Cox. Endorsed, Recd. (from Mr. Cooke at Mr.
Cowley's agt. Queen Street end, in Windmill Street) 2nd, Read
11th Jan., 172½. 3½ pp. Enclosed, |
|
713. i. Petition of Edmund Duffey, Habbakuk Saer and
Willoughby Duffey to Judge Sutton, for quashing the
outery for the sale of negroes, with Judge Sutton's
order accordingly. 6th Oct. 1721. (v. No. 687. i.)
Endorsed, Recd. 2nd, Read 11th Jan., 172½. Copy.
2½ pp. |
|
713. ii. Petition of George Lyte Cooper to Judge Sutton, with
order thereupon, as preceding. 3rd Oct. 1721. Same
endorsement. Copy. 3 pp. |
|
713. iii. President Cox's reasons for removing Edmund
Sutton from being Chief Judge of the Court of Common
Pleas of the Precinct of St. Michael, on the 24th Oct.,
1721, in Council. (i) By refusing to swear Christopher Fowler to be an Assistant of the Court, he has
very much obstructed the administration of Justice;
and prevented the tryal of severall actions depending
against himself, as well as Mr. Dining, Boynton, etc.
(v. No. 687 v.) By not holding a Court on the
first day of ye Sept. Court, he prevented and delay'd
the administration of Justice to many complainants
etc. (ii) He is Judge of the precincts where he lives
etc. (iii) By usurping a power to reject Assistants
legally commissioned by a President or Commander
in Chief, etc., he invades the Royal Prerogative, and
is guilty of contempt of and disobedience to H.M.
authority. (iv) In assuming to himself a power to
vacate sales at outery on executions, after bills of
sale made out, the days of redemption expired and
possession given, and to quash levys regularly made
by Marshalls upon judgments and executions duly
obtained, hath acted arbitrarily and illegally, and in a
manner wholly new and unprecedented. (v) He is
not quallified according to H.M. 8th Instruction,
being a person necessitous and very much in debt.
Same endorsement. Copy. 1 p. [C.O. 28, 17. ff.
228–229v., 230v.–235v.] |
Nov. 9.
So. Carolina. |
714. Mr. Middleton and Col. Moore to the Council of Trade
and Plantations. The pressing affairs of the Province of South
Carolina making it necessary to appoint Agents to solicit in
Great Britain such things as are wanting for the prosperity and
well being thereof, the General Assembly have thought fit by
an Act to intrust Francis Yonge and John Lloyd Esqrs. in
those affairs etc. Beg for their Lordships' countenance and
interest etc. Continue:—Wee suppose H.E. General Nicholson
has informed your Lordships of the state of this Province, and
his steady and wise government having settled peace and
tranquility amongst us makes him worthy of our highest
acknowledgements, and wee are in great hopes will induce your
Lordships to have the greater regard to our Agents, they having
H.E.'s approbation and their Instructions received his assent
to which we refer your Lordships etc. Signed, Arthur Middleton,
P. Concil.; Ja. Moore Speaker, Dom. Cone. Endorsed, Recd.
9th Jan., Read 20th April, 1722. 1¾ pp. [C.O. 5, 358. ff. 115,
115v., 116v.; and (abstract, with notes for reply,) 5, 406. p. 3.] |
Nov. 11.
St. James's. |
715. Order of King in Council, approving draughts of
Additional Instructions to the Governors of New York, New
Jersey, Carolina and Barbados relating to the Bishop of London's
power of licensing Ministers and Schoolmasters etc. v. 25th
Oct. Signed, Edward Southwell. Endorsed, Recd. 23rd, Read
24th April, 1722. ¾ p. [C.O. 323, 8. No. 27; and (duplicate
signed, Temple Stanyan) 5, 191. p. 353a.] |
| [Nov. 11.] |
716. Additional Instruction to Governor Lord Belhaven,
as preceding. Copy. 1½ pp. [C.O. 28, 44. ff. 16, 16v.] |
Nov. 11.
St. James's. |
717. Order of King in Council. Approving draught of
Additional Instruction for Governor Lord Belhaven relating
to the settling and planting Tobago etc. Signed, Temple
Stanyan. Endorsed, Recd. 28th, Read 29th Nov., 1721. 1¼ pp.
[C.O. 28, 17. ff. 202, 202v., 203v.; and 5, 191. p. 97a.] |
| [Nov. 11.] |
718. H.M. Additional Instruction to Governor Lord Belhaven, referred to in preceding. Copy. 3¼ pp. [C.O. 28, 44.
ff. 19–20v.]; and (draft) 5, 191. pp. 98–100.] |
Nov. 17.
Whitehall. |
719. Council of Trade and Plantations to Lord Carteret.
Enclose extract of Governor Burnet's letter 12th July, with a
Memorial delivered to him by Mr. Durand, the bearer hereof etc.
As your Lordship will see thereby, he is a person capable of
giving information of the transactions between the French
and Indians, and as he hath renounced Popery and embraced
the Protestant Religion; we take the liberty to recommend
him to your Lordship's protection. 2 pp. [C.O. 5, 1079. No.
126; and 5, 1124. pp. 270, 271.] |
Nov. 18.
St. James's. |
720. Order of King in Council. Referring following to
the Council of Trade and Plantations for their report. Signed,
Edward Southwell. Endorsed, Recd. 12th, Read 15th Dec.,
1721. 1 p. Enclosed, |
|
720. i. Petition of the Jews of Jamaica to [? the Lords of the
Committee of Council for hearing appeals and complaints
from the Plantations]. The said Nation inhabiting
there are for the most part trading people, and great
promoters towards the enlargement of business, as
may appear from the increase thereof, since they have
resorted there in greater number, and having for
many years lived in Jamaica in enjoyment of the laws
and priviledges of the said Island in as full and ample
manner as any of H.M. natural born subjects (Assembly
and Jurymen only excepted which are places of
governing to which they do not aspire) having in all
things qualified themselves according to the Act
passed for settling the said Island, and according to
the Letters Patents granted them by virtue of the
said Act, whereby they were to all intents and purposes
fully and compleatly naturalized. The said Nation
have always demean'd themselves with the greatest
fidelity and duty to H.M. and Governmt. having
with the greatest readiness according to their duty
taken up arms against the French at the time they
invaded the said Island, where severall of them were
kill'd wounded and taken prisoners. The said Nation
have always chearfully contributed to all parish taxes
and offices equal with the rest of H.M. subjects, tho'
their own poor are wholly maintained by themselves
without the least burden to any of the parishes. By
an Act passed 10th Nov., 1716, for encouraging of
white people in the said Island, a reward is assigned
to any white people that shall settle there from any
part of Europe or any of H.M. Colonies excepting
Jews, Papists and Nonjurors. This distinction most
sensibly afflicts them who upon all occasions have
distinguished their zeal and affection for H.M. Government that they shou'd be treated as men disaffected
to H.M. Royall person and Family. They humbly
beseech Your Lordships recommendation that H.M.
will protect the Jews dwelling in Jamaica, so as to be
continued in their rights and priviledges etc. Signed,
E. Southwell. Same endorsement. Copy. 2 pp. [C.O.
137, 14. ff. 50, 51, 51v., 52v.] |
Nov. 20.
Angelcourte by Chaire and Crosse [sic]. |
721. Capt. Evans to [? Mr. Popple]. In reply to letter of
17th, urges the settlement of Sta. Lucia etc. "I have freinds
will be adventurers with me in soe great and good an under
taking." etc. Signed, John Evans. Endorsed, Recd. 20th,
Read 22nd Nov., 1721. 1½ pp. [C.O. 28, 17. ff. 200, 200v.,
201v.] |
| Nov. 22. |
722. Reasons for taking off the enumeration of rice from'
Carolina. Rice being a grain ouht to be under no more
restraints than wheat from the Plantations. All retraints are
perjudical for perishable commodities etc. Rice being enumerated, we lose that trade to Portugal, which might amount to
6000 barrles, now supplied by the Italians, Carolina rice not
being able to be carried thither in time for their Lent, and having
to be first brought to England, is at the charge of a double
freight, and therefore dearer. The export for this year from
Carolina was nigh 20,000 barrles, etc. Endorsed, Recd. (from
Mr. Boon) 22nd, Read 24th Nov., 1721. 1½ pp. [C.O. 5,
358. ff. 89, 89v., 90v.] |
Nov. 24.
Annapolis Royall. |
723. Lt. Governor Doucett to the Council of Trade and
Plantaions. Alarmed by certain persons applying for commission as Lt. Governor of the Province, and Canso, apeals
for the Board's protection etc. and refers for his character to
enclosed and to Mr. Boscawen, now Viscount Falmouth, who
first recommended him to H.M. He is entirely dependant upon
his post for support of his wife and six childern etc. Encloses
following. Signed, John Doucett. Endorsed, Recd. 31st Jan.,
172½, Read 4th July, 1723. 4 pp. Enclosed, |
|
723. i. Petition o fLt. Governor Doucett to the King.
Believing that the Province is soon to be settled, and
that Annapolis Royal, being out of the way of all
trade, will not be the seat of Government, there being
other palces much more commodious on the Eastern
coast, asks that his Commission may be altered to
that of Lt. Governor of Nova Scotia, or Canso etc.
Encdorsed, Recd. 31st Jan., 172½. 1 p. |
|
723. ii. Testimonial of Officers and inhabitants of Annapolis
Royal to the zeal and integrity of Lt. Governor
Doucett. 34signatures. Endorsed as preceding. 1¾ pp.
[C.O. 217, 4. ff. 183—184v., 185v.—187v., 188v.] |
Nov. 24.
Whitehall. |
724. Council of Trade and Plantations to Lord Carteret.
Representation upon petition of Capt. John Evans (v. 20th Nov.)
Represent our humble opinion, that the planting and settling
of Sta. Lucia under proper restrictions and regulations, as hath
lately been directed in the case of Tobago might conduce to
the benefit of his Kingdom, and in case H.M. should be pleas'd
to give orders fopr that purpose, the Petitioner might deserve
H.M. favour for a grant of such part of the said Island as shall
be thought a sufficient recompence for his services and losses
on condition that he shall effectually plant and settle the same
within a reasonable time to be limited for that purpose. [C.O.
29, 14. pp. 255–257.] |
Nov. 28.
Whitehall. |
725. Lord Carteret to the Council of Trade and Plantations.
A Commission and Instructions are to be prepared for Henry
Worsley, appointed Governor of Barbados etc. Signed, Carteret.
Endorsed, Recd. 28th, Read 29th Nov., 1721. ½ p. [C.O. 28,
17. ff. 204, 205v.] |
Nov.30.
N. Providence. |
726. Governor and Council of the Bahama Islands to the
Council of Trade and Plantations. Having by this opportunity
addrest H.M. for an Assembly, we do also humbly entreat your
Lordships to use your good offices for us. H.M. having been
pleased to send with Governor Phenney several pieces of
ordinance and other stores of war, we are under the necessity
to confess that the Fort we now have is not capable to mount
the guns, and we want power to enact laws to raise funds to
rebuild the Fort, and do other publick works absolutely necessary
for the general good and support of this Colony. We don't in
the least doubt your Lordships' favor and encouragement
etc. Signed, G. Phenney, James Gohier, W. Fairfax, Tho.
Walker, P. G. P. Skynner, William Spatchers, Petr. Courant,
Joseph Cookes, Tho. Wood. Endorsed, Recd. 26th April,
Read 1st May, 1722. 1 p. [C.O. 23, 1. No. 41.] |
Nov.30.
Whitehall. |
727. Lord Carteret to the Governor of New York. Encloses
following. Continues: It is H.M. pleasure, that provided
the facts be as stated, you forthwith give the necessary orders,
that all the effects taken out of the sd. ship and disposed of in
any port or place of your Government, or the produce thereof,
be delivered to the Agent for the owners and insurers, upon
their paying reasonable salvage and charges etc., and in case
the said ship, with any of the goods remaining on board, shall
be in any part of your Government, you are to order the delivery
thereof to the proper owners etc. Signed, Carteret. Annexed, |
|
727. i. Memorial to the Envoy of the States General. The
ship El Puerto del Principe of Flushing was taken by
Roberts the Pirate at Dominica, 29th Jan., 1721, and
afterwards brought into Tarpaulin Cove, N.E., by
Benjamin Norton of Newport, R.I., who pretends
that Roberts took a brigantine from him, and gave
him this ship instead. Norton broke bulk at Tarpaulin
Cove (a byplace fit for roguery), and in a clandestine
manner put a considerable part of her cargo into small
vessels, and sent them to sundry ports therewith;
some of the cargo he hid in the woods, and some part
he left on board. The news thereof coming to the
several Governments, and Governor Cranston issuing
a Proclamation enjoyning all persons, that had any
of the effects to bring them to him, some negroes and
sugar were brought to him at Newport, a sloop with
part of the sd. ship's cargo was seized at New York,
another at New London and another at Boston. The
ship itself was brought by the Seahorse man of war
to Boston with a large quantity of sugar on board,
and is there seized etc. Prays for orders that the ship
and effects may be forthwith delivered as above.
[C.O. 324, 34. pp. 91–94.] |
| Nov. 30. |
728. Similar letter, with enclosure, to Governor Shute;
the Governor and Company of Connecticut; and the Governor
and Company of Rhode Island. [C.O. 324. 34. p. 95.] |
Nov. 30.
New York. |
729. [? Governor Burnet] to the Council of Trade and
Plantations. There was a Bill which past the Assembly and
afterwards was amended by the Council in June last entituled
an Act for facilitating the partition of lands in joint tenancy or
in common etc. The Surveyor General then gave in a representation to me against this Act as prejudicial to H.M. rights
in this Province. And while I was weighing the matter of the
Act with the objections to it, I found by the copy of the Laws
of this Province printed at London, that an Act for the like
purpose past here in Oct. 1718 was repeal'd on July 9th, 1719,
tho' it does not appear that H.M. disallowance of it was ever
signified to this Goverment. However this seemed to me
reason sufficient to withhold my assent to it, till I had received
your Lordships directions upon it and because the Surveyor
General who was then surveying some lands in Evans tracts
desired to inform himself more fully of some particulars that
he might make his objections to it in the best manner he could
I delay'd transmitting the draft of that Bill till this conveyance.
The Surveyor General has now given me a fuller representation
upon the same matters, with more particular observations
than were mentioned in his former paper. I think these two
representations contain so fully the prejudice that may accrue
to H.M. Quit-rents in this Province from this Act that I have
nothing to add etc. Hoping to receive directions how I am to
proceed as to this Bill etc. No signature. Endorsed, Recd.
15th Jan., 1721. Read 18th May, 1722. 2¼ pp. Enclosed, |
|
729. i. Act of New York for facilitating the partition of lands
in joint tenancy or in common promoting the setling
and improving thereof and rendring the payment of the
quit-rents due thereupon certain and easy. With amendments made by the Council. Same endorsement. 12pp. |
|
729. ii. Memorial of Cadwallader Colden, Surveyor General
of New York, to Governor Burnet. July 19, 1721.
Objections to foregoing Act. The bound of many
if not of all the tracts of land granted in joint tenancy,
altho' they be very large and contain many thousand
acres, were never ascertain'd upon the spot by any
Officer of the Crown, but have been left to the discretion
of the person to whom they were granted. I have
heard the Receiver General give this as a reason why
he could not compleat a rent roll of H.M. quit rents
it being impossible for him to find out in what part
of the Province many of the patented lands lye.
Proposes that the survey for the partition of lands to
be made by virtue of this Act be enacted to be performed by the Surveyor General or his duputy etc.
H.M. interests may suffer very considerably if the
subjects be allow'd to lay out the lands granted them
by patent by such persons as they themselves shall
appoint. Many of these very large tracts held in
joint tenancy are bounded by lands still in the Crown,
the quit-rents of which when granted according to
H.M. late Instructions will amount to above a hundred
times the value of the quit-rents of the same quantity
of land granted before these Instructions. It may
therefore justly be fear'd, that if the people be empower'd to lay out these lands for themselves they
will encroach upon the adjoining lands of the Crown,
etc., and in time it may become the general interest of
the inhabitants to defend these acquisitions (for the
greater part of the Province is held in joint tenancy)
and it may become impossible for H.M. to recover
his rights or very inconvenient to endeavour it etc.
It is not improbable that for these reasons among
many others H.M. did on 9th July, 1719, repeal a
former Act for prohibiting the partition of lands etc.
Signed. Cadwallader Colden. Same endorsement. 5¼ pp. |
|
729. iii. Same to Same. Nov. 30, 1721. I beg leave to lay
some particulars before your Excellency that you may
judge how well grounded my apprehensions were
(v. preceding.) I am not able to lay before your Excellency a perfect account of all the large tracts which
may fall under the design of this paper for they were
granted without any pervious survey and the grantees
enddeavour all they can to keep them form the knowledge of your Excellecny and the King's Officers etc.
As there was no survey previous to the grant, the
Governour did not know what quantity of land he
did grant but was grossly imposed upon by the
Patentees for their patents either mention no number
of acres or a number above 100 times less than what
they claim by thier boundarys, and this they think
they have a right to by virtue of the words, Be it more
or less etc. The patent of Salisbury grants after
this manner 400 acres and the Patentees now claim
about 70,000 for which they only pay half a bushel
of wheat quit-rent. One Lokerman likewise obtain'd
a grant for 300 acres by virtue of which he now claims
above 10,000. I mention only these because they
are well know to many, yet I am assur'd they are
not the only such nore the most extravagant etc.
Altho' this bill doth not give the Patentees in plain
terms a power of fixing and setling such boundaries
as they please for themselves yet it will have such an
effect. For the boundarys of these large patents are
expressed in Indian names of hills, reivers or rivoltes
which are either wholly unknown or known to very
few Christians and which the Indians change as often
as they change their habitations. These uncertainties
which might prove difficulties to other people the
Patentees turn to their great advantage by affixing
these names to what hills, rivers or rivolets they like
best. This they do while these parts are unsetled
and few or none to contradict them at least nobody
on H.M. part to discover such frauds etc. In time it
will not be possible to discover ye deceit and by virtue
of this bill they would divide these lands and take them
into quiet and peaceable possession and in time draw
the whole interest of the country on thier side so that
any remedy may be either dangerous or impracticable
to be attempted. That the Patentees have really
us'd such frauds is not only probable from the vast
disproportion betwixt the quantity of land mention'd
in the grant and the quantity they now claim but
likewise from the complaint of the Indians everywhere
that they are cheated of thier lands. For tho' the
bounds of the patents are generally express'd in the
same words with those in the decds of sale giv'n by
the Indians yet those Indians affirm that they did
not sell near the quantity of land which the patentees
now claim and they likewise say that the patentess
every year claim more than they did in the year
preceding. The patent of Waywiando extends above
50 miles in length and pays but a trifling acknowledgement for such a tract yet the Patenttees are not contented with this, but have encroach'd 30 square miles
upon the lands fromerly granted to Capt. Evans since
the same was reassum'd by the Crown. The patent
of Minisink being of no less extent than theirs has
follow'd their example and encroached as much upon
the same reassum'd lands in all other place. Mr.
Faulaconnier (the person who drew this bill and us'd
all his interest to have it pass) is a joint tenant or
tenant in common in several extravagantly large
patents of which his share may amount to 400,000
acres etc. He has a seventh part of a patent which
by the claim of the Patentess contains above 2,000,000
of acres fro they extend it from within a mile or two
of Hudson's River to Delaware River (which they call
the Fishkill) above 60 miles and from that part of
Delaware River where there Southerly bounds touch
it, to the head of that River Encluding the same
ye Indians say is near 150 miles. And for this vast
tract they only pay £3 a year to the Crown. He is
a partner likewise in the Waywiando patent and many
other large tracts etc., the bounds of which he has
survey'd and extended at his pleasure without any
authority form the Government, but clandestinely and
without the knowledge of the neighbourhood etc.
He bought a share in a patent for land of which the
patentees did not know where to find the boundarys
and therefore neglected it for about twenty years
till this year when he without any authority from
the Government placed this in the reassumed lands
which formerly belong'd to Capt. Evans and (altho'
the patent grants only 2000 acres) survey'd out to
himself and the other patentees about 10,000 of the
best of these lands. He has succeeded so well and so
often in the arts of extending boundarys that he
boldly ventur'd to put them in practice again in this
place, by putting Indian names upon certain places
which were never hear'd of by the Christians in the
neighbourhood tho' they have liv'd above thierty years
within four or five miles of these places. It is of great
consequence for the Crown timely to look into the
affair of lands here. I have calculated the contents
of eight patents according to their present claim and
find that if they alone were to pay at the rate all the
lands likely patented do, 2/6 per 100 acres, the yearly
rent of them would amount to £4176 tho' now they
only pay £17 17s. 6d. I believe it will not be impossible
to raise from the lands of this Province a sufficent
revenue to support the Government without doing
injustice or any hardship to anybody but a great deal
of justice to the King. Such like deceits did creep
into all the Colonys at their first setling tho' I think
not in any to such a degree as in this, they did I know
into Virginia, and Pensilvania but there the ill effects
of them were prevented by the timely care of the officers
and a resurvey of the Province. Indeed without a
survey of this Province it will be impossible to know
what lands are patented and what not it will be impossible ever to form a rent-roll or to gather in the
quit-rents if a rent roll were form'd, for at present we
are very ignorant of the situation of the several parts
of ye Province. Signed, Cadwallader Colden. Same
endorsement. 7¼ pp. [C.O. 5, 1053. ff. 34–35v., 37–42,
43–46v, 47–51v.] |
Nov. 30.
St. James's. |
730. H.M. Additional Instruction to Wm., Burnet, Governor
of New York, relating to ecclesiastical benefices and schoolmasters. [C.O. 5, 191. pp. 354, 355.] |
Nov. 30.
St. James's. |
731. H.M. Additional Instruction to Governor Nicholson.
As preceding. [C.O. 5, 191. pp. 358, 359.] |
Nov. 30.
St. James's. |
732. H.M. Additional Instruction to Wm. Burnet, Governor
of New Jersey. As preceding, but omitting second paragraph
"that no person be admitted to keep school without the licence
of the Bishop of London." Set out, N. J. Archives, 1st Ser. V.
23. [C.O. 5, 191. pp. 356, 357.] |
