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A

L E TTER

F R O M A

Weft-India Merchant

T 0 A ; ^

Gentleman at Tmhridgl

CONCERNING

That Part of the Vnnch Propo-
sals, which relates to Norths
Jmerkuy and particularly Ke^?-
foundland.

WITH ,

Some Thoughts on their O jf f e r s
about our Trade to Spam and the
Wefi'Indies : And an Abftraft of the,
ASSIENTO.

LONDON, Printed ia the Year 1712.

Price Four Pence*

- <

T

^

4

( o

I 3^,

Receiv'd yours, wherein you tell me that
fever al of our Merchants are mightily
pleas'd with the Propofals of France^ to
{ jm, reftore to us the whole iQand of St.
^ Chriftopher, the whole Bay and Straits of Hud-
■fon • to deliver up the ifland of Newfomdland,
-5 with Placentia. and to make an abfolute Cef-'
■ fionof Anmiolvs, with the reft of Nova Sco-
rn or Accad,^; and the Affiento or Contraft
ifor furnifhing the Spamfh WiH-lmm with
\ Negro's for 30 Years, in the fame manner as
^ theVa«cb have enjoy'd it for Ten Years path
^ 1 make no doubt bat fome People magnify
^the Advantage of thefe Propofals as much
i bevond Truth as others do kffen them : But
'^fmce vou are pleas'd to defire my thoughts of
JxMt matter, I will deal, with you freely ac-
' ' cording to the beft of my Judgment and In-
i formation, . .

X All that they propofe to reftore us in A-
\ mmca, was our own before, except part of
^ St. Chriiioiher\ which we took from tnem
in this War, and therefore have a Right to
it bv the Law of Arms: fo that ojr Ooliga-
V tion to them on this Head is not extraor-
«> dinary.

Hi

t

You

■( ^ )

You will be the more readily convinc'd of
this, by confidering the following PafTages
'of King W^/fi/Ws "Declaration of War a-
gainft France in 1689. where he charges the
French King with * invading our Charibbee

* Iflands, and pofTefllng himfelf of our Ter-

* ritories of Ncw-Torky and of fJudfori'S'Bay^
*- in a hoflile manner*, feizing our Forts,

* burning our Subjedls Houfes, and enriching
' his People with the Spoil of their Goods and
' Merchandizes , detaining fome of our Sub-

* jeds under the Hardfhip of Imprifonment,

* caufing others to be inhumanly kill'd, and
' driving the reft to Sea in a fmall Veflel,

* without Food and NecefTaries to fupport
' them i aftions not becoming ev'n an Enemy :
' And yet he was fo far from declaring him-
' felf fo, that at that very time he was nego-
' tiating here in England by his Minifter, a

* Treaty of Neutrality and good Correfpon-
' dcnce in j^merica.

I believe you will readily agree with me,
that the French King's Cefllon of his fhare of
St. Chrifiophers^ is not an Over-ballance for the
Damages he is charg'd with doing us, in
this Declaration ^ which contains another
Article relating to Newfoundland^ as fol-
lows.

* It is not long fince the French took Li-
' cenfes from the Englifh Governour of New-
' foundland to fifh in the Seas upon that

* Coaft, and paid a Tribute for fuch Licen-

* fes, as an acknowledgment of the fole
' Right of the Crown of England to that

* Ifland ; and yet of late the Incroachmeats

' of

( 3 )

* of the French upon our faid Iflands, and our
' Subjeds Trade and FiQiery, have been more
' like the Invafions of an Enemy, than be-
' coming Friends, who enjoy'd the Advan-
' tageof that Trade only by Permifljon.

For the better underftanding of this mat-
ter, be pleas'd to conlider, that we have
had a Title to it fince 14P7. when Sebafiian
Cabot difcover'd it for Henry VII. We had
a flourifhing Trade there in King James I's
time, and enjoy'd it without any Rival till the
ninth of Charles I. who by fome means or
other was prevail'd with to allow the
French to fi(h there in favour, -as I have
been inform'd, of fome Englifli Popifh La-
dies that belong'd to a Nunnery in France -,
and the French Ships were obllg'd to pay
^percent, as an Acknowledgment. , ,,-,

This Liberty granted the French was (a
much the more obfervable, becaufe that
Prince in his Letters Patent dated the loch
of February that fame Year, for the better
Government of the Fiihing, Ships, Inhabi-
tants, &c, takes notice, ' That Newfoundland
' had been acquir'd to the Dominions of
' his Progenitors, and his People had many
' Years reforted to thofe Parts ^ where, and
' on the Coalls adjoining, they imploy'd

* themfelves infilling, &c, whereby a great
.' number of his Subjeds had been fet at work,
' and Navigation and Mariners much in-

* creas'd.

, The Allotment granted the French {or cu- ,
ring their Fifti was to. the Weitwardof Cape
Raz.e •, which was a very great blunder in

A 2 Poll-

(4)

Politicks, that being the mofl: Southerly Part
of the Ifland, where the Fifh come fix
weeks fooner than any wheie elfe, and gave
them an opportunity of being at Market fo
long before us.

The French having then but few Ships,
and King Charles I's Keign being a coutinu'd
Scene of Troubles, as every one knows, this
Matter feems not to have been fo much re-
garded as the Importance of it requir'd *, fo
that the French talting the Sweets of the Trade
thither, they were willmg, tor the conti-
nuance of that Privilege, to pay fometimes
three Quintals of Filh for every Filhing-
Boat they imploy'd, and at other times lo
percent, according to the Value of the Fifh
they took. It deferves our Obfervation, that
as they obtain'd the firft Liberty of Fifhing
here in the Reign of Charles I. when we had
a French Queen, who bad too' much Influ-
ence on our Government ^ in the 27th of
King Charles II. who we found by fad Ex-
perience was for the moft part govern'd by
French Councils, they not only had that Li-
berty confirm'd, but their former Tribute,
in acknowledgment for that Liberty, re-
mitted.

We are not to wonder that thofe Grants
were confiim'd in the Reign of King James
the Second, who entirely depended on France^
and was in a drift Alliance with LcTci^
XIV. But upon the whole you may fee, that
the Frtr.ch were fo fenfiblc of the Weak- cfs
of their Title, that ihey found it necefiary

to

T,'^

( 5 )

to get this Liberty confirmM by every fuc*
ceffive King fome way or other.

Thus things continu'd till the Reign of
King William the Third of Glorious Memo-
ry ^ who being fenfible of the vaft Impor-
tance of this Trade, was fo far from con-
firming thofe French Grants, or approving
the arbitrary Meafures of his Predeceflbrs in
difpofing any part of it to Aliens, contrary
to Law, that by the loth and uth of his
Reign, cap. 2^. he fettled the whole Right
of it in his own Subjeds, exclufive of A-
liens, as follows.

' Whereas the Trade of, and Fifhing of
Newfoundland^ is a beneficial Trade to this
Kingdom, not only in the employing great
Numbers of Seamen and Ships, and ex-
porting and confuming great Quantities of
Provilions and Manutadures ot this Realm,
whereby many Tradefmen and poor Arti-
ficers are kept at work, but alfo in bring-
ing to this Nation, by returns of the Ef-
feds of the faid Filhery ftom other Coun-
tries, great Quantities of Wine, Oil,
Plate, Iron, Wool, aifd fundry other ufe-
ful Commodicie<», to the Increafe of his
Majeiiy's Revenue, and the Incouragement
of Trade and Navigation : Be itenaded,
<b'c. fnat henceforth all his Majelly's Sub-
jeds, ire. (hall hav^, ufe. and enjoy the
tree Trade and Traffics, and Art of Mer-
chandize md Fifbery to and from New.^
foundland^ and take Salt, and fifti in any
of the Rivers, Creeks, Seas or liiands ad-
joining or adjacent thereunto, as liuly and

* freely

(6)

* freely as at any time heretofore hath been

* usM or enjoy'd by any of the Subjefts of

* his Majefty's Royal Predeceflbrs, without

* any hindrance, &c, of or from any Perfon
' whatfoever i and THAT NO ALIENOR
•STRANGER WHATSOEVER (not re-

* Tiding within England) ihall at any time
' hereafter take any Bait, or ufe any fort of

* Trade or tifhing whatfoever in Newfound-

* land^ or in any of the Iflands or Places a-
' bovemention'd.'

I need not tell you that the French^ by the
Incouragement they had to fettle here in
the Reigns of the two Charles\ and King
James the Second, inftead of being Tribu-
taries as formerly, took upon them to be
our Mafters, and were grown fo ftrong, that
during the firll War, and particularly in
1697. they almoll drove us out of all our
Settlements there, and deftroy'd or carry'd off
our Men. To redrefs which King William
fent a Squadron thither under Admiral Nevil
in 1^97. and fifteen hundred Landmen un-
der Sir John Gihfon, They recover'd all that
the French had taken«from us ; and when the
Peace was concluded, his Majcfly knew the
Trade to be of fuch Importance, that he
fent annually a Squadron thither to prote(ft
it. Sir John Gihfon built a regular Fort there,
which hecall'd port WiUiam •, and it was af-
terwards foimprov'd by Co\ow^\ Rich aYds^t\^^t
it is one of the moft regular ajjd ftrongeft
in that place.

'Tis a me^ancholy Story to tell you how
mMch Newfoundland ^2l% neglefted after King

WiUiamh

/

( 7 )

William's Death, and how in 1705. the French
deftroy'd fevcral of our Settlements there,
and carry'd off our Men ^ and how little Care
was taken to prevent this, notwithftanding
the frequent Memorials prefented by thofe
concern'd in the Trade.

Having thus given you a brief View of
our fole Right to Newfoundland^ and of the
falfe Steps of three of our fucceffive Mo-
narchs, in fufFering the French to fettle there,
to the infinite Lofs of our Nation : 1 fhall
next give jou ferae few hints of the vaft
.Advantage the French have reap'd by that
Trade, both in refped of their Wealth and
Naval Power.

I told yon before, that when the French
begun trading hither they had very few
Ships, but (ince*that time their Naval Force
is fo much increased, that, to the unfpeak-
able Grief of all honeft Men, as well as to
the Terror and Danger of all Europe^ we have
feen them able to contend at Sea with the
United Naval Powers of England* and Ho/-
land. Nor are we to wonder at this, for
of late years they have imploy'd in the NevQ'
foundland Fifhery 4 or 500 Sail of Ships per
ann. of good Burden, and mounted from
16 to 40 Guns each. If we compute them,
as we may modeltly do, to be man'd with
30 or 40 Men per Ship, that will amount at
a Medium to idooo Men employ 'd annually
in this Trade \. and one fourth of thofe being
ufuaDy green Men, it proves a Nurfery of
4C00 S€amen]?fr ann, for their Men of War
and Privateers.

Theu

(8)

Then as to the Advantage they make by
their Trade thither, it has exceeded ours by
far ', the Reafons of which are as follow.

I. That part of Newfoundlandy which our
late Governments unhappily admitted them
into, is much better than what we kept to
our felves during thofe Reigns: for lying
furtheft S. as I hinted 'already, their Seas
are clear of Ice at leafl fix Weeks before
ours, where the Shoals of Ice continue ma-
ny times till the beginning of May.

z. In their part they have greater Quan-
titys of Fifli, becaufe the Climate is much
warmer than ours, which lies to the N E.
fo that 'tis computed, that one time with ano-
ther they kill i or 200 Qpintals {er Boat
more than we.

3. They have a fhorter Voyage from the
Weft Parts of France than we, have Salt bet-
ter and cheaper, pay lefs for Seamens Wages
and Provifions,and have fome fifliingTackle at
eafier rates •, fo that by modeft Computa-
tion they can afford their Fifh a Crown per
Quintal cheaper than we, which with their
being at market before us fix Weeks fooner
is worth five ShiUings per Quintal more to
them : and fince we reckon fifteen or fixteen
Shillings per Quintal a good Price for our
Filh, 'tis plain that they gain f more by
-what they fell than we do, befides what they
exceed us in Quantitys, which they mult do
now more than ever, by being poflefs'd of
5painj where their fupreme Command in
the Civil Government, and their Agreement
in Religion, muft always give them the pre-
ference

(9)

fercnce to usi if they be allowed to fifli on
the Coaft, oc to cure on the Shore or Set-
tlements of Netpfomdlandf or any of the ad-
jacent illands.

By what I have faid you may eafily per-
ceive the vaft Profit the French have reap'd
by that Trade, and the great Difadvantage
we have labour'd under by lofing it. Our
Weftern Ports, fuch as Barn(laple and Biddi"
ford^ are molt fenfible of this damage, tho
the Lofs affeds all the other Parts of the
Kingdom. 'Tis known that thofe two
Towns alone did formerly imploy above 50
Ships in that Trade, which enabled them in
the beginning of King WiUianis Reign to
fupply the Navy with 400 Volunteer Sailors:
whereas now they don't fit out above fix
or eight fmall Ships, and are fcarce able to
find Men for thefe. The like Decay of Sail-
ors there is in all the other Ports of the
Kingdom, which leflens our Naval Strength
that is our Natural Defence, leflens the Re-
venue of the Crown, and the Value of Gen-
tlemens Eltates.

From all this you may reafonably conclude,'
that 'tis abfolutely neceflary the greateft
Care fhould be taken in the prefent Treaty,
that the French fliould not only quit New-
foundland entirely, but that they Ihould not
have the Liberty to fifli on that Coaft, to
cure their Fi(h on the Ifland, or to fortify
any of the Neighbouring Iflands.

You find this was the Senfe of KingWiUiam
and his Parliament by the aboveraention'd
Aft, therefore I don't fee how any fuch Pri-

B vilegc

( 10)

vilegc can be granted by Treaty to the
French without the repealing of that A&t
which I hope no Briti/h Parliament will ever
give into.

My Reafons are thefe:

1. 'Tis plain by what I have already faid,
that they never had any Right to it, but
what by indiredi Methods they obtain'd from
the Crown of Great Britain^ which is now
made void by that Statute, or what they
procured by the Sword : and as we are now
ibperior to them in that refped, I hope we
ever fliall be fo,

2. If they be allow'd the Privilege of
fiihlng and curing on the Coaft, either k
inufl be indefinite, or reftridted to fuch and
fuch Parts. If the former, then to be fure
they will chufe the lame Places they now
make ufe of-, which being the beft of the
Ifland, they will have the Tame Advantages
over us they now enjoy, and fo the Ceflion
can iignify nothing to us, but on the contra-
ry will make our Trade worfe than it is : for
if they be allowM the ufe of our Harbours
and Ports, they will furnifh our Settlements
there with feveral forts of European Goods,
cheaper than we can do ; which will ruin
the Trade that we had by furniftiing our owa
Settlements, confidering, as I hinted alrea-
dy, that their Voyage is fhorter, and they
vidual and fail at lower rates ; which, to-
gether with their having the Liberty of our.
Harbours while we are at the Charge of
the Forts, and the better vent they muft.
now have for their Fifh by being Matters of

S^aiftf

( II )

Sp4m^ will enable them to outfell us, tfio
v/e hfh and cure in the fame Pares : belldes,
by having the Freedom df our Ports, ^r.
'twill minifter continual Occafions of Quar-
rel betwixt our People and theirs, and in
cafe of any future Rupture, which we can'E
exped will be long a coming with a People
of fuch an unconftant Faith, 'twill make
them capable of furpri2:ing our Settlements,
and of driving us out of them, as they have
done already ^ fo that t hope we (hall never
willingly make another Experiment of fuch
troublefom Neighbours.

Then if they be reftrain'd to other places
worfe than thofe they now frequent, the
Trade wiU be of little ufe to them •, for we
baving the fame Advantage of being fooner
at Market, and of the belb Harbours which
they now have, fliall be able to outfell them ;
fo that we can't exped the Friendlhip betwixt
us to be durable in either Cafe. Therefore
I think 'tis reafonable to conclude, that they
muft not be allowM either to filh or to cure
in or nzzr Newfoundland^ or the lilands there-
unto belonging.

I have heard that the French demanded not
only a Privilege to fifti in the Sea of New*
foundland, and to cure their Fifb on the Coaft
as hitherto, but like wife that all the Fortifi-
cations there ihould be demoliftiM •, that no
others fliould be erefted there, or on any of
the adjacent Iflands •, and that they Ihould
Have liberty to make a Settlement, and raife
Fortifications on the Ifland of Cape Breton,
But I hope neither of thefe will ever be grant-

B ^ ed

( 12 )

cd them. Not the firft, bccaufc without
Forts we can't defend our Settlements, either
againft the French in cafe of a new Rupture,
or againft other Nations or Pirates, who may
fettle there, if there be no Forts to hinder
them ; fo that we may be outed at pleafure :
therefore the Very Propofal looks with fo
much of an ill defign, and is fo difhonour- j
able, that I don't fee how any Engliihman
can hear it without emotions of Anger and ,
Contempt.

As to the 2d : If that be granted, we had
as good leave them Newfoundlattdj Accadit^
ire. intire to themfelvesi for this IQand of
Breton is feparated from McAdie only by a
narrow Channel, and lies fo near Newfound^
land, that if the French be allowM to fettle
and fortify there, they may when they will,
command both, and by the help of their Ca^
ftada Indians, diflodg us when they pleafe.'
Befides, by fortifying St. Peer's iQand, which
lies at the N. W. corner of the Bay of Pla^
centia^ they not only make that Bay ufelefs to
us, but may be able to proted their own
Ships which fifti and dry there, or fail into
Canada River. And if they be allow'd to
fettle at Petit JNord^ which extends from
Cape St John N. of Bonavifta, to Cape Ha*
»«i/fow, the moft Northerly Point of Newfound^
land ; this being the Place us'd by the St. Ma^
/o's Ships, which are the greateft they imploy
in the Trade; they will have the fame Ad-
vantage there they ever had, and greater t
bccaufe that being the fhorter Paflage to Ca-

nada.

( « 3 )

nada^ tliey can more eafily call in their Cam"
da. Indians.

By all this 'tis plain, that when they de-
mand the Ifle of Breton^ with leave to fortify
there, they demand the Key of the whole
Country •, for the Harbour at the Gape is large
and commodious, for entertaining great num-
bers of Ships. The Place is naturally capa-
ble of being well fortify 'd. The Ifland is a-
bout 5o Leagues long, lo or 12 broad, about
140 in Circuit; abounds with Pines and Firs
proper for Malls, &c. And here they may
cred a Fifhery for dry Fi(h, which are to be
had more early, and in greater Plenty at this
Place than in Newfoundland : and by its fitua-
tion is not only capable, upon any Rupture,
to deftroy our Trade, but to difturb our
0fhing on the Coaftof New- England ; which
IS of very great importance,
• Befides, there's a vifible Chicane in the
Propofal ; for according to the GommifTioa
given to the French Governour, when we took
jinnapol'vs Royal from the French^ the Ifle of
Breton was included in Nova Scotia^ which
they propofe now to furrender : And ac-
cording to our own accounts, and the above-
mention'd A<^ of King William^ Breton and
all the other adjacent Iflands to Newfoundlandj
are our own properly, exclufive of Aliens.
' There's alfo an evident Chicane in the
Propofal of Accadie^ or No^a Scotia^ whofe
boundaries ought to have been afcertain'd
for avoiding of Controverfies about its Li-
mits in time to come; and fo much the ra-
ider, that the Innch have always been dan-
' ■ ; - ' ^ gerous

( 14 )

gcrous Neighbours to Ner9-England. Sehaf^
tian Cabot was the firft who difcover'd that
Country for us *, and the firft yirginia Com-
pany reckon'd it pare of N. f^irginia^ and
that all was their own which they could dif-
Cover to the Northward, and was not pof-
fcfs'd by any other European Nation. Befides,
by K\^g James Ts Patent of this Country to
Sir WtUiam Alexander^ afterwards Earl of Ster^
ling,\\t had a Grant of all the Lands and Iflands^
Rivers, Bays, ^<r. beyond Cape Sahle^ about
Lat. 43. from the Equinoftial towards the
l^orth, and from the faid Cape all along the
Shore Weftward to St, Mary^s Bay, and theil
towards the North, crofling that great Bay
which runs Eaftward betwixt the Countries;
of the Suri({uov5 and Etchemines to the River
of the Holy Crofs^ and to the remoteft Foun-
tain or Spring of it Weftward, that firft
mixes with the faid River *, and from thence
by an imaginary dired Line Northward, to
the next Bay, Spring, or River, that falls
into the great River of Canada \ and from the
faid River Eaftward along the Shore of the
faid River to the Port or Harbour of Gacbepe.
or Gaffie ^ and then towards the South Eaft
to the iQands of Cape Breton or Bacalos^
leaving the faid Ifiands on the Right, and the
Gulf of the great River of Canada and New^
fomdland^ with the Iflands thereto belonging,
on the Left ; and from thence to Cape Breton
about the Latitude of 45. and from the faid*
Cape to the S. and W. to the abovemention'd^'
Cape Sable^ where the Boundary begins, in-
cluding betwixt the faid Coafts and their

Cir-

( V5 >

Circamferenccs all the Lands of the Con ti-
Hcnt, with their Rivers, Brooks, Bays, Shores,;
lilands or adjacent Seas, within fix Leagues
of any part of them, to the Weft or Eaft-
Part of che Coafts, and their Precinfts 5 and
from the South-Eaft, as Cape Breton lies, and'
the Weft-Part of the fame where Cape So*
lie lies, all the Seas and Iflands within 40
Leagues of the faid Coafts, including the
Great Ifland call'd the IJle of Sable^ or Sa^
llotfj lying towards the S S E about thirty
Leagues from the faid Cape Breton in the Sea,
about Latitude 44. So that nothing can be
more plain, than that the Ifle of Cape Breton
is included in this Grant, and that the Boun-
daries of Nova Scotia are very exaSly de-
fcrib'd. From whence I thipk 'tis jufttoin^
fcr, that thQ French muft be more particular
in their Propofals, and not leave a thing of
this Confequence ambiguous j otherwife her
Majefty being now in pofleffion of Anmfolts
by her Arms, I hope we are in a condition to
dooar felvesjuftice.

The next thing to be conflder'd is oar
Trade to Sjain and th^ Spani/J) Wefi-lndies 5
and as to this, I underftand the Fre«cib pro-
pofewe ftiall have it on the fame fool as we
enjoy'd it in the Reign of K. Charles the Se-
cond of Spain,

But I am of Opinion that this Propofal is
very ambiguous, and may be liable to many
Difficulties, that ought to be explained ia as
ftrong Terms as we can-
In order to underftand this, you ought to
confider, that ia Spain^ as in other Trading

Countries,

( x6)

Cobntries, there's a Book of Rates, which
fixes what is to be paid on all Goods impor-
ted and exported, and is a Rule for the
Merchants and Officers of the Cuftoms.

Now the Spani/h Book of Rates is very
high, and in fome Species of Goods amounts
to no lefs than a Prohibition -, and this Book
not having been alter'd for many Years,
Gobds which formerly yielded double the
Price there they do now, are ftill liable to
the fame Duties, tho they be funk to half
the Value.

To prevent this Inconveniency to our
Traders thither. King Charles the Second,
ftanding in frequent need of our Afliftance,
he abated us 25: per cent, of the Cuftoms,
which was call'd the Kingh Cratia^ and ob-
liged the Farmers to abate us from 25 to 40
per Cent, more. Therefore to tell us that we
fhall enjoy the Trade to Old Spain^ on thci
fame foot we enjoy'd it in KingCharles the
Second's time, is liable to a terrible Chi-
cane, amounting to no lefs than a Prohibi-
tion, except we be politively aflur'd of the
fame Abatements by the King and the Far-
mers, or that the Spam{h Book of Rates be
fo alter'd, as the Cuftoms on every Species
of Britijh Goods may be adjufted, fo as our
Merchants may trade thither with Safetyi'
and a Profped of Advantage-, otherwife, at
the Inftigation of the French^ they may ini-
pofe the old Book of Rates upon us at any
time, which puts an end to all our Trade
thither, and particularly to that from iVeit^-
foundland.
c - • ' Then

{ 17 >

Then as to our Trade to the Weft-Indies^
if that be on the fame foot as in the time of
King Charles the Second, 'twas no otherwife
than thus : Our Goods were firft carry'd
to Cadiz^ (hip'd off there annually in their
Galleons, either in the name of Spani/h Fac-
tors, or fold at Cadiz to the Spani/h Mer-
chants, who fent them to the Weft-Indies on
their own Rifque •, and in returns we had
Gold, Silver, and other valuable Commodi-
ties. But this, in ray Opinion, is very
much fliort of what King William ftipulated
for us by the 6th Article of the id Grand
Alliance, viz.. That it fhould be lawful for
us, in order to enlarge our Navigation and
Commerce, to feize by Force what Lands
and Cities we could of the Spani/h Dominions
in America^ and to polTefs them as our own.
Therefore, in my Opinion, we ought to
have feme Ports allow 'd us in Chili and Pe-
ru, if notlikewife in the North Sea '^ other-
wife we are as much reftrain'd in our Trade
to the Weft' Indies as ever : and the Reflric-
tions were fofevere, that our Ships could
not fo much as put in there, tho forc'd by
Hrefs of Weather or Enemies, but in fuch
and fuch numbers, and to Itay no longer
-than was neceffary to refit, without any li-
berty at all to trade, as may be feen by our
Treaties of Commerce with Spain. So that
our private Traders from 5f^w^/c^, &c. who
ventur'd to the Coafts on the North Sea^ did
it at the rifque of their Ships and Goods,
and of having all their Men made Slaves 5
nor durft the Natives or other Inhabitants

C trade

( i8 )

trade with us but at their ufemofl: Peril,
their Prohibition- Laws are fo very fevere. *

Befides, it ought to be conGder'd, that
by the 8ch Article of the fecond Grand Al-
liance, the French were excluded from traf-
ficking diredly or indirectly to the Spanifh
Weft Indies J whereas they have now a fix'd
Trade tnither, by which they have already
gain'd annually fome Millions Sterling : So
that there's a very great Difference betwixt
what the French propofe to us now, viz.. That
we (hall have the fame Privilege of Trade
to the Wtfi'Indies that other Nations have
had and (hall have, and the above-men-
tion'd ArJ^cle which excludes the French ;
fince they are not only fettled there, where-
as we are to begin, but the Supreme Go-
vernment is intheHoufeof Bourbon^ and all
the Viceroys and Governors of the Ports,
&c. are of their Nomination. So that we
can never exped the fame Privileges with
the French]^ wha are of the fame Religion
with the Spaniards^ and have the Supreme
Government over them, which they will
exert in another manner than hitherto, when
Spain and the WeftAndies are fecur'd by
Treaty to King Philip, Therefore I am of
Opinion, that we ought to demand an Equi-
valent for the 6th and 8th Articles of the
fecond Grand Alliance above-mention'd, and
for what was ftipulated by General Stanhope
with King Charles the Third, in relation to
our Commerce with5/?^/« and the Weft-ln-
dies. And fince her Maie/ly has again and
again declared, that her beit Endeavours

fhould

( 19 )

Ihould be imploy'd to procure a juft Satif-
fadion to all 'm Alliance with her, accord-
ing to their feveral Treaties, and particu-
larly with relation to Spain and the Weft-
Indies^ there's no doubt but it will be the
fault of our Merchants, in not reprefenting
the Matter fully, if her Majefly don't pro-
cure Satisfadion on that Head to her own
Subjeds, according to the above-mention'd
Alliances in our favour, with refped to the
Trade of Spain and the Weft' Indies,

I come now to the jijfiento^ or Gontrad
for furnifhing the Spani/h I4{eft' Indies with
Negroes-, which 'tis propos'd we fhail enjoy
for thirty years, in the fame manner as the
French have enjoy'd it for ten years pall?.

We ought to take fpecial Care not to be
impos'd upon in this matter by the French
and Spaniards:^ and to have the Terms 6i
thatContrad fet down in as plain and ex-
prefs Terms as polTiWle. In order to give
you as much light into that matter as I can,
I (hall lay before you an AbHrad of the Gem-
trad with the fr^wcib.

'Twas made with Monfieur du Cajfe^ Go-
vernor of Petigua^ in the jurifdidion of the
liland of Hifpaniola, for himfelf, and in the
name of the French Royal Guinea Company 5
who,

I. Were permitted by the Kings of Fr<^>?i^
and Spain^ for the mutual Advantage of them
and their Subjeds, to import annually from
the I ft of May 1702. to the ift of May
1712. 48CO Negroes of both Sexes and of ail
Ages, but none from Minas or Cape yerd.

C 2 2. They

( 10 )

2. They were to pay for all Duties 35.-f
Crowns of Plate, of the Value of three
Livres French per head for each Negro, of
the regular Meafures of thefe Provinces.

3. The Company was to advance 600000
Livres at two Payments ; the firll within
two months after the King of Spain's Rati-
fication, and the fecond in two months more :
which was not to be reimbursed to the
Company till the two laft years of the Con-
tract, when 'twas to be repaid, with the
Cuftoms and Advantages accruing to the
King of Spairij as hereafter mention'd.

4. The Mony to be paid at Madrid or
Parvs^ as the King of Spain ihould chufe j
and the like as to the Culloms, for the grea-
ter Benefit of the King of Spain^ notwith-
ftanding its being payable in India by Ob-
ligation.

5. The Cuftoms to be paid from fix
months to fix months, from the ift of Sept.
to the end of the time, only for each 4000
Negroes, that for the 800 odd being remit-
ted during the faid ten years, in confidera-
tion of the Payment made at Madrid or Pa^
m, for the greater Advantage of the King
of Spain's Treafury.

5. If the War continu'd during the ten
years, the Company were not obliged to im-
port above 3000 Negroes per ann. and the
remaining 1800 to be imported in the fol-
lowing years j and if the 30CO can't be com-
plcated, Cur:3ms to be paid for the fame, de-
ducting thofe that fall fhort : notwithftand-
ing which, the locooo Pieces that the Cuf-
toms

( tl )

toms of the faid 5000 amount to^ (hall be
paid from fix to Hx months during the
War ^ and if above 3000 be imported, they
are to be paid for as above.

7, If a Peace happen, the Company Ihall
not be oblig'd to import the 4800 every
year, becaufe of Accidents that may inter-
vene *, but (hall pay the Cuftoms for 4000,
as if they were imported.

8. The Ships Ihall be the French Compa-
ny's, or Sfaniards^ at the Option of the Com-
pany ', and if they ufe others, they (hall all
be Roman Catholicks : or if the Negroes be
imported by Ships of any Nation in Amity
with Spain, into the North Sea-Ports, the
Captain and Crew muft be Roman Catho-
licks.

p. Negroes may be imported and traded
for in all the Ports of t\\t Weft -Indies, his
Catholick Majefty difpenling with the Laws
to the contrary^ but no Negrpes (hall be
landed where there are no Royal Officers to
fearch the Ships, and certify what Negroes
are imported. The Negroes carry'd to the
Iflands of Barlovento^ Cumana and Maracai-
hoj (hall not be fold by the Company for a-
bove 300 Pieces each, and as much lower as
pofllble, for the Relief of the People ; but
in other Parts of Nexv Spain znd Terra Fir ma,
they may fell them for the mofc they can.

10. They may import Negroes to all the
Ports on the Northfide of jimmca^ and to
Buenos Ayres', and annually ufe two Ships for
that end, capable of containing from 700 to
8qo Negroes of both Sexes, which they may

fell

( 2X )

fell for what they can, but no greater Num-
ber muft be landed than 500 or 600,

11. For carrying Negro's to Peru^ the
Company may build, in exchange for Negro's,
or otherwife, mPanama or other Ports of the
South Sea^ two Frigates or VefTels of 400
Tuns, and bring in return Fruits, ftamp'd
Bars, and Wedges of Gold Cuftom free. And
the Company may fend from Europe for Puerto
Velo or Panama^ Neceflaries for building
thofe Ships only ; but the faid Neceflaries are
not to be fold or traded for on pain of Con-
fifcation, and the Buyers and Sellers to be
punifh'd, and from thenceforward this Per-
miflion to ceafe. And when the time is ex-
pir'd, the Company (hall not ufe the faid
Ships, or fend them to £«rope, but be oblig'd
to fell, alienate, or give them away.

12. The Company may ufe Frenchmen or
Spaniards for this bulinefs in the Ports or In-
land ^d^xis^i America \ hisCatholick Majefty
for that end difannuUing the Law againft Fo-
reigners, provided that in no Port of India
above 4 or 5 Frenchmen fhall go up the Coun-
try for the convenieocy of the. Company, and
carrying on this Undertaking : and the French
are to be treated as Spani/h Subjeds, without
being diflurb'd by any Officer of what de-
gree or quality foever, on any pretence; un-
lefs they ad contrary to the Laws of the
Place and this Agreement.

13. The Company may nominate in all the
principal Ports and Places of America^ Judges
Confervators (but no Royal Officers) to de-
termine ail Caufes of the Company, with

which

C ^3 )

which the Viceroys or other Tribunals arc
not to meddle *, but Appeals are to be made
to the Council of the Indies, that To at length
his Catholick Majefty may be fole Judg Con- •
fervator.

14. The Viceroys, &c. are not to lay am
Embargo, or detain, for the life of the War,
any of the Company's Ships, but ihall fur-
nilh them with what NecefTaries they want
at the common Prices, on pain of being ac-
countable, and making fatisfa(flion to theoi
cut of their own Pockets for what Damages
may accrue to the Company by detaining
their Ships.

15. The Viceroys fhall not arreft, feize,
or take pofleffion of any of the Company's
EfFeds, on pain of Punifhraent, and making
Satisfaction for the Damages.

16. The Company and their Indian Fac-
tors, may take into their Service fuch Mari-
ners, Afljftants, and Officers, for lading and
unlading, as they have occafion, on fuch Sa-
laries as they can agree for.

17. The Company may lade their Returns
on board the Flota or Galleons, agreeing
with the Captains, or in their own Ships,
if they think fit ^ and the Spam/h Men of War
are to have Orders to admit them under their
Convoy.

18. After the ill of May 1702. neither
the Portugal Company, or any other Perfon,
Ihall import any Negro Slaves, on pain of
confifcation to the Company, they paying
the Duties for the fame.

i>

( H )

19. The Company, their Fadors, or others
authoriz'd by them only, to import Negro's,
into the Forts of the Indies-^ all others, both
Subjeds and Foreigners, being prohibited : for
the performance of which his Catholick Ma-
jefty obliges his Faith and vVord.

20. If any Accident happen to difturb the
Trade and Concerns of the Company, or any
Suit be commenced, his Catholick Majefty is
to have the only cognizance of it.

21. The Company's Ships, aflbon as they
arrive in the Ports of the Indies^ are to prove
their Health -^ without which the Royal Offi-
cers are not to permit them to enter.

22. This Article is made void. It was to
prevent Frauds by the Company, on pain of
Death, to thofe concern'd, if the Value of the
contraband Goods amounted to 100 Pieces;
but if under, the Sellers and Buyers were to
be apprehended and fin'd, and the Value rc-
cover'd of the Captain ^ but neither the Ships
nor Negro's confifcated in any cafe,

23. The Ships to be unladen for the Subfift-
ance 6t the Negro's, are to pay no Cuftoms
of E)f port or Import \ but they are to pay
what is eftablifh'd for the Ships they buy and
fit out from thofe Ports.

24. That Cuftoms be paid for the Negro's
landed, and that die before they are fold,
vvirhout any Obje^ion.

25. That when fome of the Negro's are
fold in any Port, they may go to another,
reccivin;^ the Value in Ryals, Bars, and
Wedrcs of Gold, without Cuftoms 5 but if

fold

(^5 )

fold for the Produce of the Country, the
Company to pay the eftablifh'd Cuftoms.

a5. The Ships usM in this Trade may fail
from the Ports of France and Spain as they
pleafe, giving notice thereof firft to his Ca-
tholicic Majefty; and may bring returns, for
the Produce of the Negroes, in Silver, Gold,
and the Produce of the Country to the Ports
of Trance or Spam at Option ^ but if to the lat-
ter (hall report to his Majefty's Minifters,
and bring nothing bat whars purchas'd by
produce of the Negroes, or any thing upon
Commiflion or Condgnment from paiticuiar
Perfons in that Kingdom on pain of Confif-
cation.

27. If any of the Company's Ships of War,
belonging to either Nation, take Enemies
Ships, Pirates, or Privateers, with Negroes
on board, they may fell the fame to the num-
ber contracted for : but no Goods, Merchan-
dize, or Effeifts for theie muft be carry'd to
Carthagena and Puerto Velo^ deliver'd to the
Royal Officers, inventory'd, and put into the
Warehoufe to be fold at the Fair of Spain
in the faid Ports, -^ of the proceeds to be
paid to the Royal Ireafury, the other \ to
the Company, and the VefTels with their Tac-
kle, ^c. fhall be the Captors.

28. This Contrafl being principally defign'd
for the advantage of their Catholick and
moft Chriftian Majefties, both of them are in-
tercfted i. in the Agreement, and each of
them in J- of 4 Millions or Livers of French^
amounting to i Million 366000 y Crowns of
Gold : And if his Catholick Majefly will not

D advance

i i6 )

advance his -J, the Company is to do it for
him for a Premium of 8 per cent, per ann, and
if the Company inftead of Gainers happen
to be Lofers, his Catholick Majefty (hall
make good his proportion in fuch manner as
fliall leaft affed his Royal Revenue.

29. At the end of the firft 5 Years the
Company fhali make up an account of the
Gain fworn to, fettled and examined, and
adjufted by the King of France''^ Officers,
whereby it may appear what belongs to his
Catholick Majefty, which Ihall be paid by the
Company. .

30. If the Gain of the firft 5 Years exceed
one Million of Livers French^ and the Interefl
of 8 per Cent, to be advanced by the Company
for his Catholick Majefty, the Company firft:
Xo reimburfe themfelves what they fo advance

with the Intereft-, and further, (hall pay the
annual Duties of Importation \ and for the 5
laft Years all the Gain ftiall remain.

31. Whereas 'tis faid in the third Article,
that theiooooo Pieces to be advanc'd as afore-
faid, are to be deduced in the two laft Years
of the Agreement; 'tis hereby declar'd, that
if in the Gains of the firft 5 Years there be e-
jiough to fatisfy the laid Sum over and above
the faid one MiOipn, and Intertft, the Com-
pany may chufe either to retain or pay the
fame in whole or in part, that fo the Duties
and Gains of the faid five laft Years may re-
main free to his Catholick Majefty •, but if no
fuch Gaii.s fhall accrue, the faid Article to
remain in force.

32. When this Agreement determines, thp

Com-

( 27 )

Company (hall have 5 Years to fettle and
adjuft their Concerns in India, and to give
a final Account to his Catholick Majefty j
during which 3 Years the faid Company and
their Agents fhall enjoy the Privileges hereby
granted, for the free Difcharge of their Vef-
fels in the Ports of Ammca^ and for the
withdrawing their Effeds. *

33. The Companys Debtors (hall be com-
pellable to make payment in fuch manner,
as if they were indebted to his Catholick
Majefty.

34. And for the performance of the Pre-
mifes, his Catholick Majefty difpenfes with
all Laws, Statutes and CuHoms contrary to
this Agreement, during the 10 Years the
fame is to be in force, and for the 3 Years
afterwards granted for getting in their Ef-
fects. His Majefty granting to the Corapany
and their Officers, and confirming by this
prefent Agreement, all the Privileges therein
contain'd \ and purfuant thereunto the Com-
pany oblige themfelves to the performance
of the Premifcs by means of Monfieur du
CaJ]}^ for himfelf, and in the Name of the
faid Royal Company of Guinea by virtue of
a Power by him produc'd. Granted at Park
the 2^d of Jul}>y and to produce the Ratifi-
cation of this Agreement within the time
limited , done at Madrid the 2jth of Augufi^
1701.

This, Sir, is a faithful Account of the
jijjiento^ upon which I beg leave to make
fome Remarks.

D 2 I. We

r 28 )

f.

1. We muft pay down in four")
Months time 600000 Livres, or> 50000

near

2. For the. King of Spain*s^ ^^ t fi

the Stock 1 000000 Lirrcs, or about \ °^^^^

3. For Gu/loms annually 135000?
Crowns, or about j 53755

Total 177088

Befides the Charge of Shipping, Vidua-
ling, Sailors Wages, Stock to purchafe Ne-'
groes, and vidualling the Negroes till fold,
and Lofs of 'em by Death, or for want of
Purchafers.

On this Head I (hall hint to yon what I
have been informM of from very good
hands ^ That both our Merchants and the
Dutch^ who formerly traded in Negroes to
the Weft ' Indie s ^ found therafelves fevcral
times very great Lofers : for when they
brought^ them to the Spanifh Harbours, the
Spaniards^ in order to fall the Price, would
bid for none but fuch as they pleas'd ^ and
after examining every Limb, and the State
of their Health, fo that the Slave-Merchants
had moft of them return'd upon their hands,
beiides the extravagant Prices which the
Spaniards made them pay for frefti Provifions,
that were neceflary to keep the Negroes in
health, or for their Recovery when lick 5 fo
that fevcral of thofe Traders were broke
by it.

The

The Englijh at Jamaica were fuch SufFer-
ers this way, that they forbore carrying a-i
ny more Negroes to the Spanifh Weft»Indie$
in conliderable Numbers at leaft, till Don
St. Jago del CafliUo^ being in London^ made a
Treaty for that Trade betwixt Jamaica and
the Spanifh IVeft- Indies for Nfigroes, and was
appointed by the Ring of Spain to be Com-
miflary-General at Jamaica for that end ,
where he was known by the Name of Sir
James Cafilcj King William having ho-
noured him with the Title of Knighthood.
By Sir Jameses being there the Trade was
made eafy to our Merchants, and by confe-*
quence the Profit greater *, and this we en-
joyM till the Duke of An]ovi\ Acceffion to
the Crown of Spain^ and our War with him :
fo that the granting of this is no new Favour,
but the reftoring us to what we formerly
enjoy'd. And I wifli it does not proceed
more from the French being Lofers by it,
than from any good-will to us, that they fo
readily part with it *, for if it were other-
wife, I am apt to think they would have been
for retaining part of it at lea ft, as they are
for retaining the Liberty of Fifhing and Cu-
ring in Newfoundland, I am the more apt to
think fo, if it be true, as I am inform'd, that
one of the Mafters of our Jamaica Sloops
has at prefent all that Trade in his own
Management?; which if fo, is an Argument
that 'tis not fo conliderable as fome People
pretend it to be.

Belides, I don^t underftand the French
King's Propofal, that we ihall have the jiJTt-

emo

f 3° ) •

ento in the fame manner as the French have
enjoy'd it for lo Years paft. In my Opi-
nion 'tis a great deal too ambiguous ; for the
French King, by the 28th Article, is interefted
4 in the Agreement, and i in the 4 Millions
of Livres : fo that with me it remains a
doubt, whether we are to have his part, or
only that of the French Guinea Company ,
thttefore I hope this will be better explained.

There are other Hardfhips which this
j^jjiento lays the French Company under,
that give me fome Caufe to fufped they have
been Lofers by the Trade, and therefore do
willingly quit it.

1. That by the 2d Article each Negro was
to be of the Regular Meafure of thofe Provin-
ces, This I take to include their Size, Age,
Strength and Health, and therefore is fo
liable to Chicanes, that after we import Ne-
groes, moft of 'em may be return'd upon our
hands, except it be provided againft, as in
the Cafe of our Jamaica Traders, when Sir
James Caftik was appointed Commiflary
there for the King of Spain ; but I find no
fuch Provifion made for the French Guinea
Company, therefore I think this ought to be
explained.

2. I conceive that the 6th and ^th Arti-
cles are Hardfhips upon thofe who import
Negroes, fince they are oblig'd to pay Cuf-
toms for the whole Numbers there men-
tion'd, tho they dont or can't import them.
And the 24^/; Article feems yet harder, that
they muft pay for fuch as die before they are
fold, confidering what Numbers may happen

to

C3» )

to die, if the Voyage be long, or the Seafon
fickly.

5. The 8th Article, in my Opinion, ought
to be made void, otherwife it will be dif-
honourable, and may be dangerous to our
ProteftanE Traders, if they be oblig'd to fail
their Ships with none but Papifts; and this
we fee was the Cafe of the French, whofe
Contrad^, according to the Propofals, muft
be the Rule of ours.

4. I take the 9th Article to be another
Hardlhip, and lays us open to be trick'd by
thofe call d the Royal Officers, who may
abfent therafelves from the Ports we trade to
OH purpofe, and by that means prevent our
landing Negroes, be they ever fo fickly, on
tho we be forc'd to it by Tempefl:, Enemy
or leaky Ships. This I think ought to be
provided againlt, otherwife we may be ob-
lig'd either to bribe thofe Officers for their
Search and Certificate, or to fell our Negroes
at what rate the Spaniards (hall pleafe.

5. The loth Article, which reftrains us
to two Ships, and fuch a number ot Negroes,
feems to be very hard, confidering the ad-
vantageous Situation of Buenos Ayres, by
which we might fupply not only Tucuman
and Paraguay^ h\xt Chili zni Peru, and efpe-

. cially the Mines of Potofi with Slaves far
more conveniently, and with lefs Charge
and Danger, than by a long Voyage to the
South' Sea,

6. The nth and 12th Articles bear very
hard upon us, and are calculated exprefly to
prohibit all other Trade but that of Ne-

groes.

( 3^ )

grocs, and will hinder fuch ufcful Difcove-
ries as we might make for enlarging our
Commerce, however advantageous ic might
be to tht Spaniards as well as to our felves.
This I take to be an effedual Bar to the Set-
tlement and Commerce of oar South- Sea
Company, from which wc have reafon to ex-
peft fuch mighty Advantages. And I am the
more convioc'd of this by K.PbHips^s Oeciara-
tion, lately publifh'd ui our Prints, that we
are not to have one Foot of his Dominions
in th^Wtfi Indies^ which 1 take to be a very
indifferent Compenfation for the Favour wc
have (hew'd to theHoufe of Bowrbonin their
prefent Circumftances, when the other Con-
federates are for recovering the whole Spa^
fiijh Monarchy out of their hands.

7. The 13th and 20th Articles, which
make the King of Spain fole Judg Conferva-
tor, and give him the final determination of
all Controverfies and Suits that may happen
betwixt the Company and his Subjeds, or in-
deed betwixt the Company and himfelf, is
in my Opinion verydifcouraging^ finceby this
means our Britifl] Subje(^s muft venture their
Eftates under an rbitrary Power Abroad,
againft which they have fuch good Securities
at* Home. I am fure that if fuch a Power
vvere allow'd to our own Crown, the Courts
'^t Weftminfter-Hall^ and the Exchange of
London would foon be (hut up: Therefore I
fee no reafon why our Merchants fhould
fubmit their Eftates to a foreign arbitrary
Power, that takes a liberty to difpenfe with
and annul the Laws made in favour of their

own

( ?5 >

ov^n Sub)€&s, as is plain from feveral of
the Articles ^cfpecially fince *ds contrary to
the Cuftom of aU Trading Countries, where
Merchants have Confuis or Con(ervators of
tiieir own, to fee that they have Julbice done
them according to the Laws of Nations, and
the refpedive Treaties of Commerce.

S. The 25th and 28th Articles I take to
be of the fame ftamp ^ the firit obliges us to
pay double Cuftoms, viz, both for our Ne-
groes which we import, and for the Pro-
dudl: of the Country, that we may have oc*
cafion to take in exchange for them the lat-
ter, I think very hard, becaufe 'tis contrary
to the Intereft of the Sfani/h Subjeds as well
as to ours, and muft needs hinder the Con-
fumption of their Prodiid. Then for the
28th Article, I take it to be very difcou-
raging to the Merchants, and makes the Re^
covery of their LofTes impradicable , fince it
conftitutes the King of Spain Supreme Jadg
in the Cafe, and to befure he will always fa-
vour his own Revenue.

Thus, Sir, I have given you m^ Thoughts
very freely as to the particular Propofals
made us by France^ with relation to our Plan-
tations in North jimerica^ the Trade to New~
foundlandj the jiffiento^ and our Trade to
Spain and the Weft-Indies, I am very wil-
ling to fubmit what I have faid to the Judg-
ment of your felf and other Merchants, and
fliall be very glad if any thing I have hinted

fnay be of ule to our Traders, for putting
hem on their Guard, or affifting them in

E , their

*

f^XjUt-

C 34 )

their Applications to this Government, tfial
Care may be taken of our Commerce, and
every thing fo expiaia'd in our Treaties on
that Head, as may obviate thofe and other
Chicanes, which we have reafon to apprehend
from the frencb and S^amardi. laniy

SIR,

London, July Your very humble Servants

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Deacidified using the Bookkeeper process.
Neutralizing agent: Magnesium Oxide
Treatment Date: Dec. 2004

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