Publication
LQt.Brt'i
tic
CALENDAR
OF
STATE PIPERS
COLONIAL SERIES
AMERICA AND WEST INDIES
1726-1727
PRESERVED IN THE
PUBLIC RECORD OFFICE
EDITED BY
CECIL HEADLAM, M.A.
WITH AN INTRODUCTION BY
ARTHUR PERCIVAL NEWTON, D.Lit., F.S.A.
Rhodes Professor of Imperial History in the University of London,
Fellow of King's College, London.
ISSUED BY THE AUTHORITY OF THE LORDS COMMISSIONERS OF HIS MAJESTY'S TREASURY
UNDER THE DIRECTION OF THE MASTER OF THE ROLLS
LONDON
PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE
1936
To be purchased directly from
H.M. STATIONERY OFFICE at the following addresses :
AD ASTRAL HOUSE, KINGS WAY, LONDON, W.C.2 ; 120 GEORGE STREET, EDINBURGH 2 ;
YORK STREET, MANCHESTER 1 ; 1 ST. ANDREW'S CRESCENT, CARDIFF ;
80 CHICHESTER STREET, BELFAST ;
or through any Bookseller
Price 1 105. Od. Net
Crown Copyright Reserved
S.O. CODE No. 44 1014 35
Ill
CONTENTS.
PAGE
CORRIGENDA iv
INTRODUCTION v
CALENDAR 1
GENERAL INDEX - - 433
The reference " A.P.C," is to the printed Acts of the Privy
Council, Colonial Series, " Journal " to the printed Journal
of the Commissioners for Trade and Plantations.
NOTE. etc. printed in italics in the course of the text indicates
that matter merely repeated or of no importance is there
omitted. Phrases in italics are summaries of matter of
slight importance. Words printed in italics between square
brackets [thus] are suggestions by the Editor where the
MS is rubbed or torn.
IV
CORRIGENDA.
p. 165. 354 vi. For " No. ii." Read " No. iii."
p. 170. 356 vi. For " President Sharpe " read " President
Middleton."
p. 195. 379 xiii, line 2. For " 1701-1706 " read " 1701-
1726."
Index.
p. 459. At head of page. For " Hart, Charles " ?Y?ad "Hart,
John."
p. 460. t/neter " Hunter, Robert. Instructions of (K. George
II)". For " 659 " razd " 660."
p. 471. For " MARYLAND, Lt. Governor of. See Calvert,
Charles " read " Calvert, Benedict Leonard."
p. 478. To " NEWFOUNDLAND, Convoy, Commodore of " etc.
add " St. Lo, John."
p. 496. In entry " SPAIN, war with, expected." For " 620,
622 i " read " 621."
INTRODUCTION.
The years 1726, 1727, whose papers are calendared in this
volume, were comparatively uneventful in the British colonies,
and most of the important subjects that are dealt with had
appeared first in earlier years, so that we have here only the
sequel of previous events. The time was one of steady material
progress, and there is no doubt that in most of the colonies there
was an increase of well-being which absorbed a greater part of
the energies of the colonists than before and made them less
ready to engage in the factious disputes which fill so large a
place in many of the earlier volumes of the Calendar.
1.
GENERAL.
Though Great Britain and Spain were nominally at peace,
DeP ot e the nS none of their long-standing disputes had been settled; the
guarda- South Sea Company found it impossible to secure the privileges
that they thought they had won under the Treaty of Utrecht,
and there were interminable wrangles with the Spanish colonial
Governors. These disputes do not fill a large place in these
papers, for their effect in the colonies was only incidental ;
the bulk of the material concerning them is to be found in the
State Papers, Foreign, Spain, where the reports of the
negotiations in London and Madrid are collected. But the
parallel disputes about the depredations of the Spanish guarda-
costas find repeated mention, for it was largely upon the shipping
of the colonies that the burden fell. The guarda-costas were
practically pirates in a very thin disguise, and more than one
extract shows that the Dutch had to suffer from them like the
British. The Governor of Cura9ao wrote that a Spanish sloop
under the command of a Frenchman, Captain Nicole, who had
formerly been a pirate, with a crew of 170 men had taken nine
sloops belonging to the Dutch at Cura9ao who were trading on the
VI
COLONIAL PAPERS.
losses.
coast of Caracas. He had murdered nearly all those he found
on board, and the Dutch Governor was taking action to capture
him. When Nicole found any vessel that he could overpower, he
hoisted the black flag and acted like a pirate, but if he met any
ship of war or others that were too strong for him, he produced
a commission from the Spanish Governor as a Guarda de la
Costa to the irreparable damage of all vessels trading to the
West Indies. Nicole's brutalities were worthy of his piratical
experience, for finding two Jews on one of the Dutch sloops,
in his barbarous mirth he had them cut into very small pieces,
saying that the Spaniards would not be at the trouble of sending
them to the Inquisition at Mexico (360).
So serious were the depredations of the guarda costas both
upon English shipping and on the coasts of the colonies that the
merchants of London in May 1726 presented a formal petition
to the king asking that letters of reprisal against them should
be granted, such as the French Government issued. They
estimated that the damages sustained by British subjects in
this unlawful manner since the Treaty of Utrecht amounted
to above 300,000/. Notwithstanding all the applications that
had been made to the Spanish Governors, they had not been
attended with any manner of redress. The dilatory, unfair and
expensive proceedings in their Courts of Judicature rendered
all attempts of that kind exceedingly difficult and even
impracticable, so that many of the aggrieved merchants had
quitted their claims rather than follow them from Court to
Court and at length be compelled to leave their affairs in
America and go to Madrid where their solicitations might be
in vain. The merchants complained bitterly of the evasiveness
of the Spanish authorities and strongly represented that nothing
but reprisals in accordance with the fourteenth article of the
Treaty of 1670 could secure them justice. (152).
The Government had already taken action to try what
pressure would do without an actual declaration of war against
Spain, for which they were not anxious in Europe. Admiral
Porto Beiio. Hosier was ordered to cruise off Cartagena and Porto Bello,
and we first hear of him in these papers when the Duke of
Admiral
Hosier off
INTRODUCTION. vh
Portland, Governor of Jamaica wrote that he had received a
letter from the Admiral dated 11 May 1726 stating that he was
already on the Spanish coast and was about to carry out his
instructions (159). It was not until August that Governor
Hart of the Leeward Islands learned from the Dutch at St.
Eustatius that Hosier had sailed from Jamaica (256), and this
illustrates the delay in the communications between the various
British colonies, for already in July the President of Jamaica,
in writing to inform the Board of Trade of the death of the
Duke of Portland, had told them of Hosier's operations. He was
lying at the Bastamentas off Porto Bello and had given notice
to the Spanish Governor that the galleons were not to sail
without his express permission, in accordance with orders from
England (217). This was the first explicit news among these
documents of the beginning of the celebrated blockade, but
thenceforward there are many mentions of Hosier's operations.
In October the squadron was still lying at the Bastamentas
(303), but in November Hosier drew off and nearer to Cartagena
for a change of air (338), since his crews were suffering seriously
in health. In December the President of Jamaica wrote
that the squadron had arrived from Porto Bello in a very
distressed condition owing to the great sickness and mortality
among his men (374). Hosier was determined to sail again
immediately with five or six ships, for, as he told the Council
of Jamaica, the whole peace of Europe depended upon his
preventing the galleons from sailing (317 i). He asked
for permission to press half the crews of all the ships in the
harbours of Kingston and Port Royal, and having received
it was able to sail again for Porto Bello on December 29 (p. 212).
He was back again in Jamaica on February 8 with fresh demands
for men, but this time the Council was reluctant to supply him,
for the pressing of the 1,000 seamen he had already taken had
raised a considerable opposition among the merchants of the
island (433, 438, 438 i). Men had been taken out of all the ships
coming from the Northern colonies except those from New York,
and the Council feared that this would lead to a dearth of
provisions by the discouragement of their voyages, and requested
Ui
Vlll
COLONIAL PAPERS.
Escape of
the Spanish
treasure.
War with
Spain
without a
formal
declaration.
that Hosier should be supplied with seamen direct from England
(438, 438 i). In July 1727 Jamaica reported that all that they
had heard recently of Hosier's movements was that he was still
lying off Cartagena (639), but a report that came from Governor
Hart at St. Christopher's must have caused the Government
considerable anxiety as showing that the blockade had failed
of success.
A small Spanish vessel coming from Havana had been wrecked
at Barbuda, and her master informed the Governor that he had
sailed in company with Admiral Castinetto with eight ships
of theflota, which were said to have sixteen millions of pieces of
eight on board. According to him, as soon as Hosier arrived at
the Bastamentas before Porto Bello, the galleons were unladen
and the treasure on board them was carried by land to Cartagena
and various other Spanish ports whence it was despatched
in small vessels to Havana and the flota was made up there.
Castinetto sailed for Cadiz on February 25, and Governor Hart
sent the information home by the very first ship sailing for
England from the Leeward Islands, his letter of March 5 being
received by the Board of Trade on May 15. The succession of
dates is of interest as showing how slow was the transmission
of news even of urgent importance. (464, p. 230).
The Governor of St. Domingo had already begun to issue
commissions to Spanish vessels for attacks upon the English
islands and ships (464, 503) and in April Governor Hart informed
his Councils that he believed that war was unavoidable in view
of the King's Speech to Parliament, of which he had just learned ;
in fact that it had already begun with the siege of Gibraltar,
(p. 246). President Middleton of South Carolina heard of the
siege of Gibraltar via Madeira early in May, but the Council of
Antigua was of opinion that as no advice of a formal declaration
of war had been received, a state of peace still prevailed.
(503 vi). A circular letter to the Governors of the colonies was
prepared by the Board of Trade in May 1727 informing them
that we were in a state of war with Spain (575), but it was not
sent, as we learn from its endorsement, and though we have
complaints from the Governor of various colonies during the
INTRODUCTION.
IX
autumn of the evil effects of the war upon their trade (e.g. 649,
661, 699, 807), there does not appear to have been any formal
notification of the state of war that is included among these
documents.
Relations with France were generally less uneasy than they
Ue with )nS had been in the immediately preceding years at the time of the
France. Indian War, and the points of difference that arose were confined
to individual colonies and will be considered in later sections.
Decline
of the
functions of
the Board of
Trade.
Newcastle's
patronage.
The Duke of Newcastle, being Secretary of State for the
Southern Department, was in general charge of colonial business,
and, as was remarked in our previous Introduction, the papers
that remained in his hands and are now preserved in the British
Museum are an essential complement to the documents in the
Public Record Office which alone are calendared here.
Newcastle was steadily gathering colonial patronage into his
own hands, and the Board of Trade and Plantations was losing
power and being thrust into the background. The Commis-
sioners acted merely as agents for the transmission of repre-
sentations from the colonial Governors to the Secretary of State
or to the Lords of the Treasury, as for example when Governor
Burnet of New York and New Jersey asked them to apply to
the King for orders concerning the encouragement of under-
takers for the discovery of gold and silver mines in New Jersey.
They replied that until they had laid the Governor's represen-
tations and the proposals of the undertakers for working the
mines before the Lords of the Treasury they were unable to
make any motion in the matter (456).
Many of the letters that were sent to beg for Newcastle's
favour show that the suppliants had reason to believe that he
might waive the strictness of official rules on their behalf (57).
He secured the appointment of his clients to offices in the
colonies that they had no intention of executing in person
(e.g., 106), and frequently intervened to recommend the favour-
able consideration of petitions that, strictly speaking, should
have been the subject of judicial decision (e.g., 174, 236). That
he often carried out business without informing the Board of
Trade of what had been done is shown by a complaint of the
COLONIAL PAPERS.
Commissioners in which they represented that they had some-
times found themselves under difficulties for want of being
informed of such Commissions, Orders or Instructions as might
have passed in the Secretaries' Offices for persons and matters
relating to the Plantations. They therefore prayed the Duke
to issue directions that proper notice should be given to the
Board of all such Commissions, Orders and Instructions for the
advancement of the King's service (682). At the command of
the King the Board forwarded an account of its establishment
and business (600), but this has not been printed here in extenso.
The correspondence with the colonies that followed the
accession of George II to the throne in June 1727 fills a large
Accession place in the latter part of the volume. George I died on June
11, and a fortnight later the Board of Trade was ordered to see
that letters for proclaiming his succession be forthwith conveyed
to the several Governors by two vessels appointed for that
service (611). The circular letter ordering the public proclama-
tion was signed and despatched to the various colonies on
July 11, and it provided for the continuation of all officers in
their employments until further notice. (634). The actual
proclamation took place in different colonies on varying dates
which were sometimes much delayed. Thus in Maryland
Lieutenant-Governor Calvert had upon the advice of his Council
read a proclamation of his own in Annapolis and in several of
the counties on September 14 and succeeding days, but he did
not receive the first packet enclosing the orders from the Board
until November 5 and its duplicate until three days later.
Calvert asked the Board to pardon the irregularity of his
forwardness, for New England, New York and Pennsylvania
had proclaimed before Maryland, and the colonists did not
wish to be backward in professing their allegiance. (839). This
letter was not received in London until 5 March 172| and was
not read until May 8, another exact illustration of the long
delays that prevailed even in important but quite uncontro-
versial matters of colonial business.
There are accounts of the festivities accompanying the
Festivities at
the Accession proclamation of the accession of the King in most of the colonies,
tion. and the celebrations in St. Christopher seems to have been
INTRODUCTION. xi
typical. The orders for the proclamation were received on
September 21 and two days later Lieutenant Governor Mathew
met the Council and all the principal inhabitants on Brimstone
Hill, above 400 persons in all. The three Companies of Foot
stationed in the island were drawn up under arms, and while
the proclamation was being signed by the Council and two
hundred of the principal inhabitants* the flags were at half-mast
and 140 minute guns were fired as a melancholy duty to the
deceased sovereign. At noon the flags were hoisted to the top
of the staff, the proclamation was read, all the cannon in the
island were fired off simultaneously, and the three companies
of Foot fired volleys amid the acclamations of the assembled
crowds. The Governor entertained as many to dinner in his
house as it would hold, and the rest sat down in arbours built
around. The afternoon was spent in drinking health and
prosperity to the Queen and all the Royal Family, and at dark
a very great English bonfire was lit on the hill and as many
fireworks were discharged as the slender resources of the island
could furnish. Similar festivities attended the proclamation
in Nevis and Montserrat on September 26 and in Antigua on
the 30th, where 200 persons were entertained to dinner at the
public expense. The bonfire there had been prepared in the
market-place in the town of St. John's, but the night proved
stormy, and it was feared that it would endanger the safety of
the town, which was mostly timber built. The diversions
therefore ceased at nightfall. The poor inhabitants of Anguilla
could not afford so elaborate a celebration, but decent ceremony
was employed on October 7 to accompany the reading of the
proclamation. Tortola and Spanish Town, the remaining
occupied English islands of the Leeward group, had to carry
out their ceremonies without the presence of the Governor (737).
Barbados was rather pedantic in its proceedings when the
and r pray?rs proclamation reached the island in the middle of October. The
for the orders were not accompanied by any direction for altering the
Family. form of prayers for the Royal Family, and as by the Act of
* The signatures attached to the proclamations from the various islands (737.
i-vi) afford a rough census of their leading white inhabitants at the period and
may therefore be of use to genealogists.
Xll
COLONIAL PAPERS.
Uniformity no alteration could be made in the service without
lawful authority, the clergy prayed for King George in the prayers
that had regard to him, and in others for the Royal Family,
though in their prayer before the sermon, to which the Act of
Uniformity did not extend, they prayed for King George,
Queen Caroline and the rest of the Royal Family all together,
(p. 377). The Assembly told Governor Worsley that according
to the proclamation for continuing persons being in office at
the death of the late King, they could not sit after December 11,
and that after that date there could be no Government in
Barbados and the island must fall into anarchy, an interesting
indication of the political theories prevailing in the colonies at
the period, that all government must depend upon the exact
terms of legal instruments. However, the Governor was not
unduly alarmed, for, as he pointed out, on the decease of Queen
Anne the same question had been raised, but for nine months
the government was continued without trouble. Upon the
death of Charles II and upon the accession of William III the
proclamations had been in somewhat different terms and the
difficulty did not arise, (p. 379).
New seals had to be prepared for each of the colonies, and in
November 1727 John Rollos, his Majesty's seal cutter, received
a warrant to commence the work, each of the new seals being
particularly described. (791).
According to the agreement for the division of business
between the two Secretaries which has been mentioned in
in the office previous Introductions, practically all colonial business was
secretaries dealt with by the Duke of Newcastle as Secretary of State for
the Southern Department, but there was no formal division of
function, and upon occasion Lord Townshend, the Secretary
of State for the Northern Department, countersigned com-
missions or gave orders to the Board of Trade and
Plantations (e.g., 602, 603, 663, 677). The Secretary of State
was assisted by two Under-Secretaries, and we find Charles
Delafaye and Temple Stanyan described as " the two Chief
Secretaries to the Duke of Newcastle " (p. 171), while upon
another occasion Temple Stanyan was spoken of as " his
New seals
for the
Colonies.
Colonial
business
of State.
INTRODUCTION. xiii
Grace's Secretary for H.M Plantations " (p. 173). We know
that Stanyan was also serving as Clerk of the Privy Council,
while Delafaye acted as Secretary to the Lords Justices. It
is clear that there was at this date no exact division of function
within the offices of the Council and Secretariat. The group
of officials (or, as we should now call them, civil servants)
serving the Council and the Secretaries of State were as
undifferentiated in function as they had been in the sixteenth
and seventeenth centuries.
There are very frequent mentions of Committees of the Privy
Council as discussing colonial affairs without any specific title
being attached to them, but reference to the Acts of the Privy
Council, Colonial Series, 1720-1745 shows that there were two
such Committees of the Council at this period, and that they
were doing a good deal of work. The first was called the
Committee for Plantation Affairs and its discussions and orders
referred to much the same sort of business concerning trade and
plantations in general that were dealt with by the Board of
Trade (e.g., A.P.C. Col, p. 153). There was a Committee of
the Council for Appeals during the reign of George I, but on
the accession of his successor it was re-appointed more formally
by an explicit Order-in-Council (5 July 1727). The whole
Privy Council or any three of them were appointed a Committee
for the Affairs of Jersey and Guernsey, for the hearing Appeals
from the Plantations, and for other matters referred to them.
A little later, (20 September 1727), a similar committee was
appointed to hear appeals from sentences in prize cases in the
Admiralty Courts of Great Britain or in the Plantations in
America (A.P.C., Col., pp. 158, 159). Special matters were
sometimes referred to Committees appointed ad hoc, and it is
necessary when a committee is mentioned in the documents
calendared in this volume to refer to the Acts of the Privy
Council to ascertain which of the various committees was
actually dealing with the matter.
The question of Colonial Appeals was one of great importance
Appeals anc * kad frequently been considered in earlier years, but it is
possible that the reform just mentioned was accelerated by a
xiv COLONIAL PAPERS.
very cogent representation from the Council and Assembly of
Virginia in 1726. In a mercantile case arising in the colony
judgment in favour of the defendants, who were resident in
Virginia, was given by the General Court, but the Privy Council
reversed this judgment on appeal, after referring the accounts
in the case to four London merchants for examination and
report. They had stated their opinion that the items of interest
and insurance that were in dispute were fair and reasonable
according to the usage of merchants trading to the Plantations.
But the Virginians maintained that there was no such usage
in their colony, " but that in actions at the Common Law no
plaintiff hath any other allowance of interest but such as a
jury shall think fit to assess in damages, who by the laws and
customs of England (to which our proceedings do, as near can
be, conform) are the only proper judges thereof." The
examining by merchants of the judgments of the General Court
given according to the rules of the Common Law had never
been allowed or established, "but the King's subjects in the
colony have always without interruption had and enjoyed the
benefits of a legal trial by juries in all actions at the Common
Law." If in like cases coming before the " Privy Council by
appeal the reports of merchants, who are under no obligation
of an oath and are ever inclined to favour one another, be
admitted to overrule the verdicts of legal juries, [the colonists]
will be liable to whatever charges and impositions their factors
and correspondents in Great Britain think fit to load them with."
The petitioners therefore prayed his Majesty " to establish for
the future such a regular course for examining and reforming
the judgments given in the Supreme Court [of the colony] that
his subjects of this Dominion may still enjoy the benefits of
trial according to the laws and customs of England under which
the Colony was happily planted and which they account one
of their most valuable privileges." (216 i, p. 117).
It will be remembered that in the constitutional disputes
Courts of after the middle of the century the Courts of Vice- Admiralty
Admiralty, which sat without a jury were regarded by the colonists as a
serious grievance, but in 1726 they were apparently not used
INTRODUCTION.
xv
to any great extent. In a description of the Courts of Virginia
supplied by Lieutenant-Go vernor Drysdale he said that " the
chief business of [the Court of Vice- Admiralty] is prosecutions of
ships for breaches of the Acts of Trade and suits for mariners'
wages. It is a Court that has very little business, and perhaps
the less, because its jurisdiction is as little known as the methods
of proceedings therein. Yet it is to be wished that some certain
forms were established for the better regulating thereof, it being
a judicatory absolutely necessary for the better putting in
execution of the Acts of Trade." (183, p. 90).
In Massachusetts the judges of the Supreme Court prohibited
the proceedings of the Vice- Admiralty Court in relation to
seizures for breach of the Acts of Trade. They declared that
the matters laid in the said informations ought to be tried in
the Courts of Common Law, the contention that was to be
so frequent during the next fifty years. (59, 59 i and ii).
Questions in relation to the enforcement of the Acts of Trade
occupied much of the attention of the Board of Trade, but they
were generally of a similar character to those referred to in
earlier volumes of the Calendar. One point came up, however,
that seems to have been new. Certain Deputy-Governors who
were serving in the colonies in the place of absentee Governors
had not taken out the bond that was required by the Acts of
Trade, but the Board insisted that they should do so and provide
two securities of 2,OOOL each that they would not during their
tenure of office act as merchants on their own account or serve
as factors for others (92, 105).
The preparation of Governors' Instructions to fit the diverse
Governors' circumstances of individual colonies was an elaborate process
Instructions.
that demanded much discussion by the Commissioners, for
they were regarded as fundamental instruments in each colony's
government. (97, 467, 487, 496). In the case of absentee
Governors this gave rise to difficulties. The Earl of Orkney
had long been Governor of Virginia, but was non-resident, and
the actual duties were carried out by a series of Lieutenant-
Governors, The Commissioners desired that his Instructions
Enforce-
ment of the
Acts of
Trade.
xvi COLONIAL PAPERS.
should be regularly given to every succeeding Lieutenant-
Governor until a new Governor was appointed. In addition,
the P^arl of Orkney's commission ought to be delivered to the
Lieutenant-Governor and entered in the Council books in
Virginia, for it was the only warrant for the President of the
Council taking upon him the Government in case of the death
or absence of the Lieutenant-Governor (496). George II on
the nomination of Lord Townshend re-appointed Orkney as
Governor of Virginia, and this afforded an opportunity for the
re-casting of his commission and Instructions to be handed to
his deputy. (Journal of Commissioners of Trade and Plantations,
12 August 1727, p. 347). New Instructions had recently been
prepared for Major- General Hunter as Governor of Jamaica
(vide Hunter), and those for Col. Montgomery as Governor of
New York and New Jersey were being dealt with at the same
time, (vide Montgomery). It is interesting to note how the
Board of Trade discussed the provisions of one Governor's
Instructions in relation to those of the Governors of others
colonies, and how much correspondence was involved between
the Secretary of State and the Board. Some of the letters are of
considerable length (e.g., 825 i), and read in conjunction with
the Journal they indicate how assiduous the Commissioners
were in the performance of this important part of their work
(97, 467, 487, 496, 718, 726).
Unfortunately, however, this cannot be said of much of the
Offlc colonial administration. The evils of permitting offices in the
served by colonies to be served by deputy were rampant, as we have
noted in earlier Introductions. The patentees were not always
absent from the colonies, but were usually resident on the
spot though executing their duties by deputy. In Virginia
there was only one absentee patent officer, the Auditor-General
of the Plantations, whose office must always be thus exercised,
since the several parts of his province being so remote from
another, it was impracticable for the Auditor-General to act
in all places in person, (p. 91). But the patent system was
growing, and the evils of patronage were biting deeper and
deeper into the body politic. The Secretary of the Colony of
INTRODUCTION.
xvii
Deputy
Secretary
of the Board
of Trade
rewarded
by a
patent
office.
Abuse of
fees in the
Colonies.
Virginia had always been appointed under pleasure and was
very much dependent on the Governor and assistant to him
in the service of the Crown. But with the Earl of Orkney as
an absentee and the rapid succession of Lieutenant-Governors
the Secretary took advantage to get his patent made into one
for life. As he had the absolute disposal of no less than 28
clerkships of counties which were held only during his pleasure,
he had great political influence. He could get each of his clerks
returned one of the burgesses for the several counties or gain
one burgess in each county by the gift of the clerkship and so
have one half of the lower House of Assembly entirely in his
interest and ready to vote as he directed, (p. 91). The vices
of parliamentary patronage were clearly no monopoly of
Newcastle and his clients in England.
Though the Board of Trade knew of the evils of the patent
system and were constantly urging the Governors to check
them, they were not themselves immune. When Alured Popple
was appointed to succeed his father as Secretary of the Board
in 1722, the Commissioners had protested against the passing
over of Benjamin Wheelock, their Deputy Secretary. Five
years later six of the Lords Commissioners wrote to the Duke
of Newcastle, " as private gentlemen and not as Commissioners
for Trade," recommending that as a recompense Wheelock
should be appointed to the office of Clerk of the Markets of St.
Jago de la Vela and Port Royal in Jamaica, " so inconsiderable
an office that it has never yet been granted under the Great
Seal." (192). It was clearly impossible for Wheelock to
perform the duties of the office in person, and the Commis-
sioners were therefore proposing a further extension of the
patent system which led to such unfortunate abuses. However,
the appointment went through in due course, and Wheelock
received his patent. (561, 581).
The appointment of deputies to exercise patent offices in the
colonies not only led to inefficiency in the performance of the
service of the Crown but also to much abuse by the charging of
exorbitant fees. The Assembly of Barbados, for example,
presented an Address to the Governor protesting against the
Wt. 12902
C.P, XXXV B
xviii COLONIAL PAPERS.
" severe and unparalleled grievances and oppressions [occasioned
by] the Patentee Officers farming out their offices to persons
generally of but small fortunes who have taken an unlimited
power in exacting exorbitant fees contrary to the laws " (808 i),
but although the Governor by his Instructions was directed to
take special care to regulate the officers' fees and to see that
no exactions be made upon any occasion, he advised the Duke
of Newcastle not to take any action upon the Assembly's
Address. By another item in his Instructions he was directed
to countenance all Patent Officers in the enjoyment of their
legal and accustomed fees, and he told the Duke that he had
always favoured their deputies and supported them in their
rights. (808). Fees were, in fact, regarded as property,
whether they were paid to patent officers or their deputies, and
the sacred rights of property were pre-eminent, whether the
duties of the office were properly performed or no.
A glaring example of this appeared in Virginia. Colonel
Jennings held the office of President of the Council, but he was
afflicted by a palsy which for two years deprived him of his
memory and understanding, and he had fallen into a low estate
by reason of great debts in which he had become involved.
The office of President of the Council was very important
because, in the incapacity of the Lieutenant-Governor by
reason of illness or absence, the President was called upon to
exercise the government of the colony. Colonel Jennings was
notoriously incapable of exercising his functions, but Lieutenant-
Governor Drysdale could not compel him to resign and only
determined to suspend him with very great trepidation, probably
because Jennings' creditors would raise an agitation against the
measure as likely to deprive them of their hold upon his salary
and perquisites, (p. 113, and nos. 228, 230). The danger
that Drysdale foresaw eventuated, for he died before Jennings
was removed from office, and it was only by a fortunate chance
that the suspension had come into effect and the government
of the colony passed into the hands of Robert Carter, who was
capable of exercising it, and not into those of a patentee who
had for years been incapacitated by age and infirmities but,
INTRODUCTION.
xix
Purchase
of places.
holding his office by patent for life, could not be removed.
There can be no doubt that much of the inefficiency of colonial
government arose from this ancient but vicious system.
Places were bought and sold without concealment, although,
as the Assembly of South Carolina resolved, " the buying and
selling of places relating to the Courts of Justice is of the utmost
ill consequence and very much to the dishonour of his Majesty "
(32). Arthur Middleton, President of South Carolina, adminis-
tering the Government in the absence of Governor Nicholson,
suspended the Clerk of the Crown and the Vendue Master and
sold their offices. He tried to obtain 400/. for the office of
Provost Marshal, but only succeeded in getting 200/., (22) and
when the scandal was reported to England, he frankly admitted
it and practically claimed that he was within his rights.
Couliette, the extruded officer, who had held the office of Clerk
of the Courts of Common Pleas, petitioned the Assembly against
Middleton's action, and the President acknowledged that he had
taken money as alleged. His defence casts a livid light on the
sort of thing that went on. As Couliette was unfit for his
post, he wrote, " I thought that if I did turn him out, whoever
had it should give something for it. This I did openly and not
underhand, and I received a present of 200/. for it, and that
without asking for, and this is the great crime the Assembly
[complains of]. This place and the Marshal's place have been
always looked upon as perquisites to the Government, and
something has been always given for them, and how it now
comes to be a crime in me, I can't tell." (33). Middleton
admitted that Governor Nicholson did not sell places, but that
was his own goodness and he spent many thousand pounds in
the colony more than he got, and obviously one who could not
afford it could hardly be expected to be so scrupulous (33, 393).
Middleton's excuses were apparently accepted, for he was still
administering the Government a year later (698), and no
reproof from the authorities in England appears to have been
administered to him.
Constitu Turning from this unpleasant topic of corruption in the
tionai colonial service to matters of constitutional interest we find
disputes in
the Colonies, the papers filled as usual with accounts of disputes between
xx COLONIAL PAPERS.
the different authorities. Faction was rife everywhere, and
especially in the Southern colonies and the West Indies the
violence of the incessant quarrels that went on was remarkable.
The Assemblies in almost every colony were constant in their
accusations against the Governors and their Councils. Barbados
was particularly noticeable, and the attempt of its Assembly
to have their way by " tacking " clauses to money bills is of
constitutional interest far beyond the limits of that colony.
Governor Worsley explained the pretensions of the Assembly
Tacking, to the Duke of Newcastle in a long letter (655) that is full of
interest, but we need only quote one passage. The Assembly
proposed to " tack " certain provisions to an Excise Bill,
" whence they will assume to themselves not only the power of
raising money and appointing the uses of it, but may create
as many offices and officers as they shall think fit in their Excise
Bill, and if the Governor and Council should not give their
consent to it, the only money bill for the support of the Govern-
ment must be lost. They talk also of passing a self-denying
bill and of tacking that to their Excise bill. In one word, this
part of the world is infected with the maxims of the repre-
sentatives in New England ; they put themselves upon the
very same foot with the Parliament in Great Britain. If I
mistake not, H.M. Commission and Instructions to me are the
foundation of this Government in which H.M. commands me
to let them enjoy the privileges which the English have by the
Magna Charta and Habeas Corpus Acts, which commands
would be unnecessary if they had otherwise a right to them.
Nor do I find any power there is of holding Assemblies in
[Barbados] but by H.M. Commission, nor do I conceive any
right they have of forming any rules to themselves that can
in the least tend to an encroachment upon H.M. prerogative,
which the Crown has always asserted in Great Britain. I am
sure the proceedings of these people here, if some stop be not
put to them, must in time weaken their dependence on the
Crown of Great Britain." (pp. 325-6). The echoes of con-
stitutional controversies from the seventeenth century had
certainly not yet died away in the colonial assemblies.
INTRODUCTION.
xxi
Points of interest concerning the preparation and preservation
The Colonial o f t ne colonial records are frequently to be noted. Maps and
plans were prepared and sent to England for the information
of the Government (e.g., 18, 23), and references are given in the
Calendar to the places where certain of those maps have been
reproduced. The others are separately preserved among the
records and afford admirable material for the study of the
historical geography of the Empire. With the irregularity of
communications, especially with the smaller colonies, and the
length of time of transit the Governors were often uncertain^
whether their letters had safely reached the authorities in
London. Seeing the long delay that frequently elapsed before
the letters were read to the Board of Trade and answered, as
we can judge from the entries in the Journal, the haphazard
character of the correspondence was not remarkable. But
sometimes there was wilful interference with the letters, as
Governor Hart reported from St. Christopher. (151). He
begged that a special notice of the receipt of his letters might
be sent at once, for certain designing people had held up letters
from and to him until they had secured their own ends. The
Duke of Portland also gave evidence of this abuse and of similar
leakages of official correspondence in England. As he wrote
" I myself have seen whole paragraphs copied out of my letters
to your Lordships that have been transmitted to private persons
[in Jamaica] from England, and agree almost verbatim with
the originals." (p. 81). It was impossible for the Governor
to write confidentially where such abuses occurred, and the
Duke implied that the Board of Trade ought to exercise a
stricter control over its officers.
Colonial
Statistics.
The Commissioners were constantly dunning the Governors
for statistics, and the more trustworthy of them had often to
reply that their own records were necessarily so imperfect that
they could not supply complete data. Doubtless the calcu-
lations of the Board give a fair average conspectus of the trade
movements that were going on, but it is certain that it would
be unsafe to make deductions from them in detail. There
were, for example, serious discrepancies between the accounts
XX11
COLONIAL PAPERS.
Inordinate
demands
for papers.
Petitions
to the
Crown.
of the furs exported from New York as reported by the Governor
and the returns of the Custom House. When the Board of
Trade looked into the matter, it turned out that the statistics
were kept upon a different plan, and direction had to be given
that the Custom House method should be adhered to in both
cases. (177, 178). The principal statistics specially asked for
by the Board during the period related to the importation of
negroes and these are referred to later.
The Governors frequently complained of their difficulties in
supplying the incessant appetite of the Board of Trade for
papers. They could send their own letters in duplicate to
guard against the uncertainties of transport, but they found
it almost impossible to supply duplicates of all the papers that
were asked for ; the copying in duplicate of transcripts of the
records of the various Councils and Assemblies must have
imposed incessant labour upon their clerks (359, 771). In the
newer and still unorganised colonies like the Bahamas there
was a complete lack of precedents, and this had to be supplied
direct from other colonies (170). The records of the Bahamas,
however, were steadily accumulating, and the Governor
reported that the Council book was swelled to a large folio. The
clerk had no assistant, and the task of making two copies each
for the Board of Trade and the Secretary of State's offices was
so formidable that it was. impossible to keep up with it (23).
However, many of the duplicates survived, and this accounts
for a great deal of the repetition that characterises the files of
documents now preserved in the Public Record Office. In the
West Indies the losses of papers during recurrent hurricanes
were sometimes serious (e.g., p. 146) and they explain many of
the gaps that now exist, especially among the statistical papers.
The general impression left by the collection is that of an ant-
hill of incessant industry in quill-driving, and the difficulty of
the historian is rather that of forming a comprehensive,
synthetic view of what was occurring than of finding
documentary material to explore.
Minor topics of interest are numerous and we can only quote
a few. The Governors had often to forward petitions to the
Crown with which they did not agree, for it was the rule that
INTRODUCTION. xxiii
all applications to the Throne from the Plantations must pass
through the hands of their Governors. The Lieutenant-
Governor of Virginia customarily sent copies of such applications
to the Secretary of State and forwarded the originals to the
absentee Governor, the Earl of Orkney, for him to pass on (216).
In July 1726 he forwarded in this way a supplication from the
Reverend Mr. Blair, President of William and Mary College,
for the Royal bounty to the College, and added that Mr. Blair
would also call upon the Duke of Newcastle and would doubtless
find how great happiness it was to that good work that so great
a patron of learning as his Grace was entrusted by His Majesty
with the care and protection of the Plantations (216).
Among the many peculiarities of spelling that are to be found
Spelling and h d th among the documents, the letters from the Earl
shorthand.
of Orkney are unique among those from men of education. In
one of his letters to Newcastle we find " tack " for take,
" phesetians "for physicians at the Bath, " your very good
freend Sir Robert Walpoole," " colloney " and " a generall
loss to loose soe worthy a man." Such spellings may have been
either careless or merely old-fashioned, but in 1726 they were
unusual in polite letters (139). Spelling had, in fact, settled
down to something not very different from the modern form.
Shorthand is mentioned as being used upon one occasion in a
colony, when the Deputy Secretary of Barbados wrote that
he had taken down certain examinations word by word by
himself in shorthand while his two clerks were writing them
in longhand. (131).
Many references to paper currency in the colonies occur as
" Wood's i n earlier volumes, but there were no new measures of especial
half-pence."
importance taken to deal with them. The shortage of specie
throughout the Plantations was such as to render difficulties
in regard to the currency chronic. (See especially, 143, 181,
366, 377, 426, 431). Wood's " halfpence " were little more
welcome in the Plantations than they had been in Ireland.
Governor Worsley of Barbados wrote that Wood's deputies,
having bought a quantity of the coins to the value of 400/.
sterling, proposed to the Deputy-Postmaster of the island that
XXIV
COLONIAL PAPERS.
he should put them off at pences, twopences and threepences.
But although the currency of Barbados was badly depreciated,
the new coins could not be put into circulation at that rate,
and the Deputy-Postmaster had to suggest that they should
be circulated as farthings, halfpence and pence only (111).
However, Newcastle was pressing for assistance to Wood in
his project and the Governors had to promise to do the best
they could (111, 171).
As a relief from the incessant tales of disputes between
Conviviality. Governors and Assemblies it is refreshing to find Governor
Nicholson writing from London to one of his supporters in
South Carolina " I have given Captain Massey [who is going
out to the colony] two guineas, as I have done two others to
Mr. Splutt to drink with yourself and the Honourable Gentlemen
of the Commons House of Assembly, and when it is doing, to
be present with you would be acceptable to [me]. I hope the
Burton ale I sent by Mr. Clarke for you proved good."
(356).
Newfound-
land.
Heads of
Enquiry.
THE AMERICAN COLONIES.
The usual Heads of Enquiry were sent to the Commodores
on the Newfoundland station. Captain Bouler, the Northern
Commodore in 1726 and 1727 practically repeated the answers
to the enquiry of 1725 (306, 553, 743), and the only notable
fact during his period of service was his attempt to check an
abuse that was a serious cause of complaint among the fishing
merchants of the Western ports. They sent out annually
experienced seamen with their boats in charge of the " green "
hands who were new to the fishery. During the course of the
season the masters of the New England ships that were visiting
Newfoundland to fish or to carry on trade with the fishermen
tempted away the English sailors with the promise of high
wages or a larger share in the profits than the English ship-
owners paid. In order to put a stop to this practice which,
it will be recalled, was such a constant irritant in Anglo-American
INTRODUCTION. xxv
relations at the end of the century, Commodore Bouler com-
pelled the New England shipmasters to enter into bonds of 5001.
each not to carry away men without his express permission.
(553 i).
Commodore John St. Lo's replies to the Heads of Enquiry
Troubles for 1727 for the South Coast of Newfoundland are more
piacentia. illuminating (721). The outstanding event of St. Lo's com-
modoreship was his attempt to bring about order and discipline
in the Piacentia settlement. In February 1727 the merchants
of Barnstaple and Bideford trading to Newfoundland petitioned
the King for redress against the malpractices of Samuel Gledhill,
Lieutenant-Governor of Piacentia. Though by his commission
he was forbidden to intermeddle with the fishery, he had made
arbitrary exactions for rent for fishing stages, had taken all the
business of the town into his own hands and discouraged all
substantial planters from settling there. By his encouragement
of public, disorderly houses he had debauched and impoverished
the fishermen and misused his power as Governor to imprison
and oppress any who opposed him. (451 i). The Board of
Trade had already had many complaints against Gledhill, as
appeared in our previous volume, and they now expressed the
opinion that he should be at once recalled (478 i). Commodore
St. Lo was instructed to enquire into the matter, and in August
he sent to the Board copies of the correspondence that had
passed between him and Gledhill which is marked with a careful
restraint on the part of the Commodore and abusiveness from
the other that amplified proof of the justification of the com-
plaints against him. (674, 674 i-viii, 721). St. Lo was not
daunted by Gledhill's abuse, but attempted to settle new planters
at Piacentia and bring the settlement into good order so that
the valuable fishery that went on from it might be improved
and fully exploited (786). He recommended the abandonment
of the fort and garrison as a useless expense that cost 20,000/.
loss to the revenue. The settlement was the scene of a great
deal of illicit trading, especially in wine and brandy, between
the New Englanders and the French from Cape Breton (pp. 364,
365), while the favouring of French fishermen destroyed all
xxvi COLONIAL PAPERS.
chances of success for the new fishing enterprise at Canso in
Nova Scotia, which suffered gravely from New England
competition (p. 364).
Canso was, in fact, a very unsuccessful enterprise, for not
merely did its fishery suffer from French, New England and
Newfoundland competition, but its communications suffered
from the attacks of pirates who preyed on the ships in the Gulf
with impunity because the convoy man-of-war from Newfound-
land never appeared off the settlement till the beginning of
September when the Nova Scotia fishery was over and the
fishing vessels had departed (51). Lieutenant-Governor
Laurence Armstrong endeavoured to encourage the Canso
fishery as far as possible in the face of this discouragement and
the tendency of London merchants to purchase their supplies
of fish in New England, (p. 123), but he was also very much
busied with the ratification of the peace with the Indians at
Annapolis and the raising of funds to provide presents for the
tribes to ensure their observance of their engagements and the
reservation of their fur trade for British merchants in place of
the French in Cape Breton to whom they had formerly sold
The their furs (p. 123). Armstrong was also much troubled about
Acadians ^ p rencn inhabitants of Nova Scotia who steadfastly refused
Nova Scotia. to j^g tne oath of fealty to the British Crown. They were
firmly resolved not to give way and would rather leave the
Province, in fact many of them had already migrated with
their cattle to Cape Breton. The French Governor was
surveying the Isle St. Jean (i.e., Prince Edward Island) in order
to attract the Acadians to farms there and was using the Jesuits
and other missionary priests as his go-betweens. (232).
Armstrong, too, had heard through New England from Albany
that the Indians on the frontier were again restless, and he feared
that there would be a revival of the war. In face of this double
danger he pointed out the defenceless condition of Nova Scotia
and asked for reinforcements (387). But it was in vain, for the
Government was not prepared to spend more on the develop-
ment of the Province, and it remained with but a handful of
British settlers among the French. However, a Committee
INTRODUCTION.
XXVll
Scheme for
the civil
government
of
'Nova Scotia.
Massachu-
setts.
Governor
Shute's
arrears.
New
Hampshire.
of the Privy Council examined the question when the appoint-
ment of Colonel Philipps as Governor of Nova Scotia was
decided upon in February 1727, and the Board of Trade was
directed to prepare a scheme for the civil government of the
Province and make suggestions for its better settlement and the
preservation of its woods to supply timber for the Navy (440,
A.P.C., p. 152). The Commissioners accordingly considered
the questions at length, took evidence (see e.g. Journal, pp.
331-2), and in June presented an elaborate report (586,
pp. 297-301) to the Committee which gives a clear and detailed
account of the conditions in Nova Scotia and also affords a
valuable conspectus of the prevailing ideas as to the best means
of promoting colonisation. No decision upon the proposals
of the report had been taken before the end of the year, but one
important decision was taken when Colonel Philipps was
simultaneously appointed to be Governor of Nova Scotia and
the town of Annapolis Royal and Governor of Placentia, thus
having power to clear up the misgovernment of Gledhill (602,
603). Lieutenant-Governor Armstrong forwarded a long
account of conditions in the colony in November to the Duke
of Newcastle, and the Government therefore had full information
on which to make their decision (789, 789 i-xi).
Turning to New England, we find that Samuel Shute,
Governor of Massachusetts was still engaged in his long dispute
with the Assembly concerning the payment of his salary and
arrears. He had come to England on leave of absence, and
in March 1726 petitioned the King for definite orders for his
payment (65). The Board of Trade recommended the issue
of the orders prayed for and advised that Shute should be sent
back to New England at the public charge to convey the orders
and the royal sign manual to the Assembly in person. The
Board obviously had no great hopes of their compliance, for
they wrote that if the people of New England would not comply
with his Majesty's directions, no other method could be so
effectual to reduce them to compliance as to lay a state of the
Province of Massachusetts before Parliament (237). New
Hampshire, of which Shute was also Governor, should receive
XXV111
COLONIAL PAPERS.
Disputes
with the
Massachu-
setts
Assembly.
a similar recommendation to pay his arrears and to settle his
salary for the future. As that Province was more immediately
dependent on the Crown than New England, there were better
hopes that the Council and Assembly would comply. A
Committee of the Privy Council considered the matter at
length, and in February 1727 they reported that the General
Assembly of Massachusetts should be commanded to give
immediate compliance to the royal order for the establishment
of a fixed and honourable salary for the Governor amounting
to at least 1,000/. per annum, and similarly for New Hampshire
200/. per annum. (A.P.C., p. 106). An Order-in-Council was
accordingly issued (495), and Governor Shute was commanded
to acquaint the Councils and Assemblies of Massachusetts and
New Hampshire with its contents. " If they shall not pay a
due and immediate regard to our Royal will and pleasure "
said the sign manual, " we shall look upon it as a manifest
mark of their undutiful behaviour to us, and such as may
require the consideration of the Legislature in what manner
the honour and dignity of Our Government ought to be
supported in those Our provinces for the future." (502).
The threat, however, was entirely without effect, and Shute
remained in London while William Dummer continued to act
as Lieutenant-Governor of the Provinces and was in incessant
conflict with the Assembly on other matters. It was decided
in November to appoint William Burnet, the able and deter-
mined Governor of New York to replace Shute (773), and in
December the Board of Trade set to work upon the preparation
of his commission and Instructions (773, 831, 849, Journal,
pp. 363, 371). They were not finally approved until the end
of March in the following year, and Burnet was still acting as
Governor of New York when 1727 closed, for his successor,
Colonel John Montgomery had been delayed by stormy weather
(834, 842).
Among the many matters of dispute with the Massachusetts
Assembly it is difficult to single out those which were of especial
significance during these years. The pacification after the
Indian war gave rise to much correspondence but without much
INTRODUCTION. xxix
divergence of opinion (95, p. 123, 276, 673). The question of
the boundary with New Hampshire, however, led to controversy,
and maps were submitted to the authorities in England to
support the claims put forward on either side (95, 257 iii, 297,
300, 324, 325). The Commissioners appointed to carry out the
delimitation on the ground were unable to agree (257 i), and
when Massachusetts demanded the appointment of fresh
commissioners, New Hampshire refused point blank on the
ground that so many commissions had failed already (506, 506 i).
Clearly their fellow colonists found the Massachusetts men no
easier to do business with than did their Governors or the
Secretary of State.
The Explanatory Charter relating to their power of appointing
a Speaker, for which the Massachusetts Assembly had petitioned,
was received by Lieutenant-Governor Dummer in December
1725 and formally promulgated by him to general satisfaction
(4, 5, 11). Feeling on church matters still ran very high, and
Episcopalians and Presbyterians alike suffered at the hands
of the riotous Boston mob, as some anonymous correspondents
intolerance, informed Lord Townshend (424). The General Court denied
to a very considerable body of Irish immigrants liberty to erect
townships on the Massachusetts frontier because, although
they were good Protestants, they were not Congregationalists
(424). The Episcopal clergymen sent over as missionaries by
the Society for the Propagation of the Gospel were denied any
opportunity of carrying on their work peaceably, and actual
mob violence was used against them when they refused to
contribute to the support of the Independent ministers and
their meeting houses (p. 316). They forwarded a long petition
to the king to complain of the oppressions practised against
them (638) and protested that although by the Charter free
liberty of conscience was expressly granted to all sects and
denominations of Christians, (Papists only excepted), the
Independents who held the Government took away by the
Acts passed in the Assembly all liberty of conscience and the
security of religion and invaded the civil liberties and properties
and the rights and privileges promised to all Protestants by the
XXX
COLONIAL PAPERS.
Vice-
Admiralty
Courts.
said Charter (p. 317). The petitioners expressed their belief
that if the passage of such Acts were prevented, the members
of the Church of England would receive a daily increase and
many flourishing Churches would be very soon effectually
established in the Province, but this the Independents were
determined to prevent by every means, even though they were
repugnant to the Laws of England, (p. 318).
But it was against the jurisdiction of the Vice- Admiralty
Courts that agitation was most riotously directed (424), as
was stated in the Introduction to our preceding volume. The
riots and prohibitions that were there mentioned resulted in a
peremptory order from the Secretary of State to Lieutenant-
Governor Dummer on the representations of the Lords Commis-
sioners of the Admiralty for the discovery of the offenders and
protection against further like disorders (504, 504 i-iv).
The final decision of the Board of Trade in the dispute between
Connecticut Connecticut and Rhode Island as to their boundaries, which
island 6 was referred to them in 1723, was reached in January 1726
boundary. and f orwar ded to the Privy Council, together with a map, (18).
The decision of the Board and the action taken by the Committee
of the Privy Council thereupon are set forth at length in the
Acts of the Privy Council., (pp. 10-16) where the map is also
reproduced. (Appendix V at end of A.P.C. vol.).
The dispute between North Carolina and Virginia as to their
mutual boundary was amicably settled, and an Order-in- Council
promulgated putting the decision into effect (279, 281, 494 and
A.P.C. , pp. 135-7, where the arrangement is set out at length).
There was an echo of a long-standing question concerning
the boundaries of the proprietary colony of Pennsylvania when
Patrick Gordon received the royal approbation as Lieutenant-
Governor in succession to Sir William Keith. Mrs. Hannah
Penn and Springett Penn as representing the Proprietors were
required to sign declarations that his appointment as Deputy-
Governor of Pennsylvania and the Three Lower Counties upon
Delaware River should not be construed to diminish the right
claimed by the Crown to the said Three Lower Counties (403,
Pennsyl-
vania.
INTRODUCTION.
XXXI
Palatine
immigrants.
New York.
Census.
61, 62, 74). Gordon's appointment in Pennsylvania was
accordingly approved without limit of time and in the Three
Lower Counties during pleasure (113 and A.P.C., p. 124). The
Penn family were dissatisfied with Sir William Keith's later
actions during his tenure of office, and his successor complained
that his remaining in the Province was causing difficulty and
disputes (802). The people of the colony were apprehensive
of the many ill consequences that might attend the transporting
thither from Holland of the great number of Palatines who
daily arrived at Philadelphia (367), while the Customs officers
complained that certain of the ships that brought them, under
colour of transporting the emigrants were illicitly bringing in
goods from the East Indies contrary to the prohibitions of the
Acts of Trade. (844).
After the conclusion of the Indian war matters were much
quieter upon the frontier of New York. There were complaints
that the French were building a fort at Niagara (361, 362) and
Governor Burnet replied with a British fort at Oswego.
The Acts prohibiting the trade to Canada and encouraging trade
with the Indians of the far interior were so ineffectually put
into execution by the people of Albany's screening and
concealing one another, that the Governor introduced instead
differential duties on goods going to Canada from those going
to the shores of Lake Ontario, a plan that he found more effective
than prohibitions (164). There is an interesting remark of
Burnet's which shows how New York still remembered its
Dutch beginnings. In his negotiations with the Indians at
Albany in October 1726 their speeches were always interpreted
into Dutch and then had to be translated into English before
they could be recorded by the Governor (307).
Cosmopolitan New York had no objection to offer to the
numbering of its people which showed that there were 34,375
white inhabitants and 6,205 negroes (164 i), but Governor
Burnet hesitated to carry out the census in New Jersey, for
the people there, being generally of a New England extraction
and thereby enthusiasts, would take it for a repetition of the
xxxii COLONIAL PAPERS.
sin that David committed, which would bring down like
judgments. (164).
In Maryland, on the other hand, there were complaints of the
Maryland, machinations of the Jesuits among the Roman Catholics, and
Lord Townshend received an anonymous letter of warning of
the dangers of Spanish interference in the colony that would
arise if Benedict Leonard Calvert, an educated Roman Catholic,
were accepted for appointment as Lieutenant-Governor (501).
However, no attention was paid to this prejudiced protest
and Calvert duly received the office (see Journal).
Virginia.
South
Carolina.
In Virginia, as we have already remarked, the Earl of Orkney,
the absentee Governor, was continued in office. Hugh Drysdale,
his Lieutenant-Governor died while holding the appointment
(231), though permission had been secured for him to go on leave
to Bath in the hope of restoring his failing health (196, 215, 221
etc). William Gooch, his successor, received his appointment
in January 1727, but there were long delays in preparing his
Instructions and he did not reach Virginia until September
(707), the government in the interim being carried on by Colonel
Robert Carter, the recently appointed President of Council on
Jennings' suspension (214, 225, 298). Before his death
Drysdale had sent a long and valuable account of the duties
and rights of the various officers in Virginia to the Board to
supply their usual enquiries (183). He strongly protested
against the grant of his office to the Secretary by patent for life,
as we have already mentioned above.
The sale of offices in South Carolina has also been referred to.
Governor Francis Nicholson, having done a great deal to quiet
the factions in the colony, was permitted to return home on
leave, and the Government was left to be administered by
Arthur Middleton, President of the Council. The Lords
Proprietors demanded the right to appoint a Governor in place
of Nicholson, who, they maintained, had only been appointed
ad interim to deal with a particular situation (354 i, xii etc).
This right was strongly contested by those who wanted a strong
royal Governor (354 vi), but no decision was taken during our
INTRODUCTION.
XXXlll
Swiss
emigrants.
period and General Nicholson remained in office and was in
constant communication with the Board of Trade and the
Duke of Newcastle on colonial affairs. There can be no doubt
that in him and William Burnet, the outstanding Governors
of the time, we can see first-rate administrative officials who
would do credit to the colonial service at any period. There
are many references among the papers to the unfortunate
Swiss settlers who had been recruited under Fury's scheme.
They got out to the colony at last, but little thanks to the
projector. From Neuchatel news came that a hundred
persons, who had been waiting there for a month, having spent
their money, wandered up and down the streets, not knowing
where to find a dinner nor a bed to lie down upon. Their fury
was such that Pury absconded, but the magistrates of the town
took pity upon them and enabled them to go further on their
way to America, each with a small sum of money in his pocket
(356, xxxvii, xxxviii etc.)
The fort upon the Altamaha River, Fort King George, which
na( * gi yen r ^ se to so manv disputes with the Spaniards, had been
burned out by accident and abandoned before the outbreak of
hostilities in Europe, and there were no land operations under-
taken by the Spaniards against the colony, though they did
their best to stir up the Creeks and Senecas against the English
(354 xi).
Jamaica.
The consti-
tutional
crisis.
111.
THE WEST INDIES.
The long-dreaded crisis had at last been reached in Jamaica
without any compromise being arranged in the quarrel between
the Assembly and the Government over the Revenue Bills.
The period for which the laws of the island had been enacted
had run out, and theoretically Jamaica was without laws of
any kind. Everything was dependent upon the emergency
powers of the Governor and he found the responsibility a very
heavy one. " I have hitherto," he wrote in January 1726
" for above a quarter of a year since the expiration of the laws
Wt. 12902
C,P. XXXV C
XXXIV
COLONIAL PAPERS.
Constitu-
tional
theories.
taken all proper measures to conduct affairs so as to prevent
inconveniences or complaints, and could I be satisfied that the
distresses of the Government would not increase or the
distraction of the people grow worse, I could continue in the
same method and wait with patience for instructions from
Home " (p. 10). He believed that he could count upon the
countenance and support of the Secretary of State, but it was
essential that matters should as soon as possible be put upon a
permanent legal footing, for " justice [was] at a stop and people's
demands (particularly of those in business from other parts of
the world) suspended, if not lost, by persons dying or daily
removing or going off and using means to defraud their honest
creditors ; besides considering the general temper of the common
people who are pleased to be freed from the restrictions of any
laws and are not within reach of being made sensible of their
error, may be liable to create the utmost irregularities, and
irregularities so as might call for what might be thought
unwarrantable severities to be corrected and set to rights
again." This was a dangerous situation, and particularly so
because the Governor suspected that those from whom he
ought to look for aid were the very persons who underhand
were the fomenters of the danger. (16, p. 11).
In April Portland wrote a very long and interesting despatch
to the Board of Trade (107, pp. 44-55) which is well worthy
of study for the light it throws upon the constitutional theories
of the time and for its anticipation of the disputes of forty
years later that preceded the American Revolution. The
tone and arguments of the Assembly are identical with those
at the period of the Stamp Act and they go to prove that many
of the troubles from which the Governors suffered were inherent
in the situation of a colonial empire and could only be solved
by prolonged experiment.
The Assembly's method of dealing with the lawless state of
the colony was to pass a perpetual revenue bill, while the
Governor was instructed to secure an annual bill until all the
points of disagreement were removed. But the malcontent
leaders " resolved and insisted never to give in to a practice
INTRODUCTION. xxxv
of being yearly tenants for their rights and privileges, but rather
venture to sink than to depart from any attempt to have them
perpetual, not doubting but by this to confound matters so as
to make everything desperate " for the Governor. They
gratified and deluded " the populace with the specious notions
of rights, liberties and privileges " and thus obtained " a sort
of tribunitial authority." " They have inculcated the strongest
prejudices and jealousies against Instructions in general, where
the least restitution appears, as if intended by degrees to
introduce precedents by which they may in time be deprived
of all rights or liberties." (p. 48). Out of all the various
factions a kind of Association or Con-juration was formed not
to depart from their claim for a perpetuity bill, and in the end
Governor Portland thought it best to assent, while reserving
the bill for the consideration of the Home Government. At
the end of the despatch of April 11 he besought approval for
what he had done in this difficult emergency for which his
Instructions had not provided. On June 1 he repeated this
request (159, 160) in what proved to be his last despatch. The
strain of the long and embittered conflict had worn him out
and at the beginning of July 1726 the Duke of Portland died
after a brief illness of only six days. (217). The government
Death of the o f Jamaica passed into the hands of John Ayscough, President
Duke of
Portland, of the Council, and it was fortunate that there could no longer
be any contention that the island was without laws, since the
new Revenue Act to which Portland had assented was in
operation. Ayscough's administration of the Government
saw something of a lull in the constitutional disputes, though no
settlement could be reached (519, 520, 639).
In February 1727 Major-General Robert Hunter was
appointed to the Governorship (435) and work was begun upon
the preparation of fresh Instructions to deal with some of the
disputed points (462 i, 588, 641, 658, 726, etc.). Hunter did
not go out until the following year and during the interim the
bulk of the correspondence from Jamaica was very much less
than it had been under Portland ; in fact, from October 1727
to the end of the year no despatch thence was received either
by the Secretary of State or the Board of Trade.
XXXVI
COLONIAL PAPERS.
As has been noted in earlier paragraphs. Jamaica was closely
Foreign ships affected by the disputes with Spain and the beginning of the
in Jamaican . . . , , ,
harbours, war. Before it had begun there was a change in the island s
traffic that indicated that other nations were affected besides
the English. In Portland's despatch of 11 April 1726, he wrote
" Dutch, French and other ships, of late come here [i.e., to
Kingston and Port Royal] more frequently than formerly and
that is manifestly occasioned by the greater strictness of the
Spaniards than has heretofore been usual in keeping them off
of their coasts. Some of them, disabled by engagements with
the Spanish cruisers, and others for the want of wood, water
or other necessaries, have been obliged to resort hither for
supplying their wants." As it seemed inconsistent with H.M.
treaties and the Law of Nations to deny them that access or the
relief their necessities required, he allowed them to enter the
island's ports but refused them a liberty of selling any goods
whatsoever otherwise than by the Naval Officer. Very few of
them desired the liberty, for they were mostly provided with
ready money. The frequency of their access sometimes gave
room to suspect that their necessities might be pretended, and
therefore the Governor to prevent illicit trade compelled them
in every case to make oath that they would neither sell or
permit any part of their ladings to be sold, contracted for or
delivered to any of the inhabitants of the island. (107, pp.
54-5).
Barbados.
The coffee
The
Bahamas.
Governor Worsley of Barbados was still suffering as usual
from the cabals against him (127), but no new points of
importance appear in his despatches. A letter of April 1727
gives interesting details of some of the subterfuges attempted
to evade the regulations against illicit trade under plea of
necessity, and the point also appears that coffee was now being
dealt in in very considerable bulk. (509, 540).
The Bahamas were still without many of the organs of
government and the inhabitants renewed their petitions for an
Assembly, or a resident surveyor who should have power to grant
valid patents for land, and additional soldiers and supplies for
the fortifications of the islands in view of the fact that, as in the
INTRODUCTION. xxxvii
late war, they were likely to be among the first objects of the
Spaniard's attacks. (516 xiii, xvii). The Proprietors, or as the
inhabitants called them, the Bahama Society, had long ceased
to send any emigrants or supplies to the islands, and under
Governor Phenney the settlement was now practically an
ordinary royal colony. (516, xvi). The inhabitants were mainly
rough sailors who were almost always at sea among the islands
M carrying on their trade of wreckers and sponge collectors, and the
Governor found it hard to get a quorum for his Council. His
recommendation of certain persons to fill vacancies gives a
glimpse of a community only just redeemed from piracy. " The
persons I have returned are men of fair characters, having never
been on any unlawful accounts, yet several of them are very
Captain illiterate, which is unavoidable here." (23). Captain Woodes
BogSs! Rogers, who had taken the lead in founding the Bahama colony
on a solid footing, had never been able to secure repayment of
the moneys he had expended on the account of the Co-partners,
and in August 1727 he forwarded a detailed petition to the
Duke of Newcastle which Lord Townshend had presented for
him to the King praying for redress and setting forth a summary
of the colony's history. It was referred to a board of General
Officers who recommended that Woodes Rogers be placed on
half-pay as Captain of Foot from the time when he was
superseded as Governor. He could, however, obtain only a
fraction of his money claims from the now bankrupt Bahama
Society. (686 ii).
The old quarrel between Wavell Smith, the patent Secretary
The of the Leeward Islands and Governor Hart concerning patronage
islands, and fees continued (e.g., p. 73 etc.), and the Governor applied
for leave to return home and give evidence in person upon
the charges that had been made against him before the Board
of Trade (p. 73). However, in place of the desired permission
for leave it was decided to supersede Colonel Hart (Journal,
p. 336), and he was ordered to return to England. The Earl
of Londonderry was appointed to succeed him (583), and when
Hart arrived in London in November 1727 a long series of
hearings of the many complaints from the Leeward Islands
xxxviii COLONIAL PAPERS.
began before the Board of Trade (Journal, p. 367 etc.). The
Governorship was perhaps the most difficult, though certainly
not the most important post in the colonies. The Leeward
Islands were over-provided with administrative and legislative
machinery, and in such petty communities family connections
and ties of interest bound together the few men of substance
into cliques who resented all interference by the sole independent
official from outside, the Governor. Practically all the other
offices were served by deputy, and the deputies being necessarily
resident and receiving only small returns for their work, were
dependents of the ruling oligarchy (1, p. 3).
The consideration of the draft commission and Instructions
for the new Governor occupied the Board of Trade concurrently
with the hearing of the complaints against Colonel Hart, and
Lord Londonderry and he were still being consulted personally
by the Board frequently down to as late as April 1728 (Journal,
p. 399). Meanwhile the government of the islands was
administered by the Lieutenant-General (i.e. Governor)
Mathew who was in command of the garrison at St.
Christopher's (610, 612, 805 etc.).
Colonel Hope was superseded as Governor of Bermuda by
Bermuda, a civilian, John Pitt (753 ii), to the disgust of one of
Newcastle's clients, Captain Paul George, who had petitioned
for the place (57), but was instead only confirmed in the
Lieutenant-Governorship of Montserrat (751) to which he had
been appointed by the patronage of Lord Carteret (57). " Poor
Paul," as he called himself, had little scruples about begging
. but does not appear to have always been successful.
The Duke of Montagu pressed Newcastle to obtain a more
sat ^ s ^ actor y agreement from France with regard to the Neutral
Islands than had yet been concluded. He especially urged the
partition of St. Lucia between himself and Marechal d'Estrees
which would give to England the best harbour in the West
Indies, but he seems to have dropped his designs upon Tobago
(574). Horace Walpole, the British Ambassador in Paris was
ordered to discuss the matter with d'Estrees and endeavour
to adjust the dispute (627, 654), but no result had been reached
INTRODUCTION. xxxix
before the end of the year. The Governor of Barbados,
however, was instructed to maintain British claims in all the
Neutral Islands in full vigour and to withstand any attempt
by the French to disregard them. (205).
One of the principal matters occupying the attention of the
The Royal Board of Trade during the period was an enquiry into the affairs
^ tne Ry a l African Company and the slave trade. In
February 1726 the Board received from the Duke of Newcastle
a memorial presented by the Company praying for assistance
in their difficulties and pointing out the hardships under which
their trade suffered (Journal, p. 219). The fact was that the
advantages expected from the acquisition of the Asiento by the
Treaty of Utrecht had failed to materialise either for the South
Sea Company or the African Company, from whom they had
contracted to purchase the negroes who were to be sold to the
Spanish colonies, and the whole matter illustrates again the
essential connection between the history of African trade and
the West Indies. The decay of the Company was generally
attributed to the competition of separate traders, and it is
interesting to note that the leaders of the latter, who were at
once called into consultation by the Board on the reception of
the petition, were Bristol merchants, the most prominent of
whom was Sir Abram Elton. The Board decided that the
questions they were bound to decide fell into two groups (1)
Whether it was for the public service that the African trade
should be carried on by a Company or laid entirely open ?
(2) What was the state of the British forts and settlements upon
the African coast ? (63). To these was later added a third
upon which the answer to the first really depended, (3) What
numbers of negroes were to be found in each of the British
colonies and how were they replenished ? (Journal, p. 221).
These enquiries led to an elaborate investigation by the
Board in which witnesses were called from both the Company
and the separate traders and statistics were sought from every
colony. The essential conduct of the enquiry is best studied
by the use of the Journal where the evidence is set forth at
xl COLONIAL PAPERS.
length. The papers calendared here cannot be properly under-
stood without constant reference to the minutes which from
the central part of this important controversy. When, however,
the two sets of documents are dealt with as complementary,
they fall into place and reveal in detail such a picture of the
colonial trade of the period as can be found in like completeness
very rarely in connection with other branches of trade. It is
unnecessary to enumerate the papers on the subject calendared
in this volume, and those interested in the question may be
advised in the first instance to consult the index to the Journal.
A. P. N.
July, 1936.
COLONIAL PAPERS.
1726.
Jan. 6. 1 - Governor Hart to the Council of Trade and Plantations.
st. Refers to a letter of 8th Oct., " on several transactions of this
timstophers. Government for your information, which I recommended to
my friend Major Holmes, one of the Council of this Island,
to whom I gave instructions to speak to several particulars
(with your Lordships' permission) which cou'd not be so well
communicated in writing : having all confidence in that
Gentleman's integrity and capacity, and whose character and
fortune (having in this Island 3000 per annum) placed him
above the suspicion of acting any thing but what was for the
honour and benefit of H.M. service ; for which no man had
a more affectionate zeal : But to my great misfortune I have
late advice that, that worthy Gentleman died soon after his
arrival " etc. Continues : As I am lately arriv'd from
Antegoa, and finding the ship by which this goes, ready to
sail, which I could not detain longer without apparent damage,
I must humbly pray your Lordships' patience for about three
weeks to procure duplicates of such papers which I committed
to Major Holmes' charge. In the mean time, submits some
short intimation of what I had the honour to write etc. In
September past there being but six Councellors on this Island,
on the death of Mr. Step. Duport, I nominated Charles Pym
Esq. in his place, and accordingly swore him into the Council.
This Gentleman is every way qualified for that place. As he
was Major Holmes' brother in law, I recommended it to him
etc. But as Major Holmes is dead, I humbly desire your
Lordships will now recommend him to be continued. And
also pray your Lordships' favour that Thomas Bridgwater
Esq. may succeed Major Holmes. This Gentleman has been
long Judge of Nevis where he has a good estate : But resides
now in St. Christophers on some of the French lands ; He is
one of long experience in business, and whose advice will be
of great use in the Council etc. On 26th Sept. (tho' in a very
bad circumstance of health) I went up to Nevis in a sloop with
about 100 persons on board at my own expence, having advice
that there was an intended insurrection of the negroes there,
to destroy all the inhabitants : which seasonable and unexpected
releif from me, wrought so much upon the affections of the
people of that Island in general, that they receiv'd me with
C.P. XXXV J
COLONIAL PAPERS.
1726.
the greatest transports of joy. And having first examin'd
into the intended insurrection of the negroes, who were
sufficiently terryfied by the execution of two of them that
were burnt, and by the veiw of that quick relief I was capable
of giving the inhabitants in any distress from them ; I then
proceeded to call the Council and Assembly together, and spoke
to them in terms which I thought wou'd be most agreeable,
and granted them everything they cou'd reasonably desire
from me, without any veiw to my interest : which they were
extreamly pleas'd with, and answer'd my Speech in a very
affectionate manner, and having resided in that Island some
time, and setled all their affairs, I left them in these good
inclinations which they still continue to me. Soon after my
arrival at St. Christophers from Nevis being inform'd that the
Council of Antegoa (for the Assembly were, and are still for
making provission for my necessary support) had consented
to take me an unfurnish'd house without any other conveniency,
but the bare walls and water, I repair'd to that Island, tho' in
so weak a condition from eight months sickness, that I cou'd
not support myself to walk, but with pain and difficulty, but
as I was inform'd there was much buissness in the Chancery
Court, I laid aside all other considerations, to expedite and
distribute Justice therein ; which both my duty and inclination
prompts me neither to deny nor delay ; Accordingly I remain'd
there, more than two months, untill all the buissness of that
Court was determind. Yet I cannot help representing that
my expence under the circumstance I am in, from the resolutions
of some of the Gentlemen of the Council of that Island, are
very unequal to my present appointments ; this last voyage
to Antegoa, and the one I made last year, having cost me full
800 sterling: and yet I have not receiv'd one shilling from
the publick of that Island for two years past. But as I am
now confin'd in point of time, I hope I shall be able to represent
that matter in such manner in my next, as may be consider'd
as a proper object for redress and releif. I presume it may not
be improper to acquaint your Lordships, that I found the
most obliging treatment from the inhabitants of Antegoa at
my last being there ; and many lamented their want of power
to reimburse me the money I expended in supporting the
honour of H.M. Commission ; for I never abated of maintaining
that port due to it, whatever it cost, were there no other con-
sideration, besides that of not having His Governor of the
Leeward Islands fall into contempt of the neighbouring Govern-
ments, viz. : the French, Spanish, Dutch and Danes etc. I
cou'd perceive a very different demeanor to me in the Gentle-
men of the Council to what it has been formerly, especially
from Col. Crump and Lt. Col. Cochran : And I am perswaded
it gives them sufficient concern that they have carryed matters
those lengths they have done. At the same time there are
AMERICA AND WEST INDIES. 3
1726.
few of them who have met those advances for a reconciliation
I have made and invited them to ; tho' they were such as I
cou'd not goe farther in, without prostituting the honour of
H.M. Commission, and by consequence, injuring my own
charracter. So that in my humble opinion, which is offer'd
with the greatest defference to your Lordships' superiour
judgment, these Gentlemen of the Council of Antegoa, do not
care to acknowledge any mistakes they may have made (tho'
I am ready to subscribe, on my part, against the doctrine of
infallibility) and so are unwilling to retract their errors. Yet
it is probable were there some measures taken to let the Council
know that they are not placed there meerly to oppose their
Governor in everything he advances, but to advise him with
decency, and assist him with vigour in what may be for H.M.
service, and the good of the Colony, it may possibly have a very
happy and desirable effect. But how far your Lordships will
think proper to interpose in this matter (which is offer'd by me
purely for peace sake) or whether your Lordships will find it
necessary to consider my former Representation of their conduct,
is submitted with the greatest resignation to your Lordships'
pleasure and determination etc. Continues: The first dis-
affection I observ'd in any of the Gentlemen of the Council
to me, was, something more than two years past, when
three causes were depending in the Chancery Court there,
in which a certain family was concern'd, who are allied
to almost the whole Island, or at least to such whose fortunes
give them the appelation of Gentlemen, tho' some worthy
persons of that family have different sentiments : and as I
found a great deal of iniquity in these causes, so I gave
my opinion with freedom on the equitable side, and how
just and approv'd soever my judgment was ; yet I have
reason to remember the effects of their resentments, both
from the indignities that have been offer'd me in point
of authority, and a total deprivation of that support which
H.M. graciously thought necessary by His Instruction, and
which the Assembly propos'd and constantly recomended,
and which I sensibly feel the want of in my private fortunes,
etc. I am under a very mortifying discouragment in prosecuting
that duty incumbent on me by my Instructions to represent to
your Lordships my sentiments of men and things within my
Government. But I was extreamly surpriz'd to find that my
letters to your Lordships relating to the behaviour of the
Council of Antegoa, particularly what related to Col. Crump
and Cochran, were not only handed about that Island, but I
was as also upbraided (with my advice to your Lordships) in
the Council etc. : and I find since, that the substance of my
letters to your Lordships, are form'd into Articles against me ;
at the same time your Lordship's answers to me were never
deliver'd till eight months after date, tho' the purport was
COLONIAL PAPERS.
1726.
very well known at Antegoa : And as your Lordships were
pleas'd in that answer to define my power of suspending
Councillors, they from thence took a handle in an insulting
manner to insinuate that it was a much easier matter to remove
a Governor than a Councillor : and from hence they made a
judgment of their own strength and my weakness, which was
the foundation of their very, very extraordinary behaviour
to me. Major Holmes had a power from me to name persons
to your Lordships who I had reason to suspect of giving these
intelligences. But I shall now weave f? waive] that, and to
prevent any future mischeif to H.M. service of this kind, which
I am sure will meet with all discountenance from your Lord-
ships' justice, I in very humble manner submit it to your
Lordships, whether any letters or papers transmitted by the
respective Governors of the Plantations, to your Lordships,
ought to issue out of your Office, but by your special licence
and command. I come now to say something of the Articles
exhibited against me (by Mr. Nevine and Mr. Wavel Smith,
the pretended Agents for the inhabitants of the Leeward
Islands, tho' they are utterly disavow'd as such by persons of
all sorts and sises in these Islands) in the name of several
persons trading to, and inhabiting here : yet notwithstanding
the industry of procuring hands to the petition, there are not
above two or three of any account who have subscrib'd it, and
make but twenty one in all, who are ignorant of the charge.
The principal merchants are many in number, refusing to
sign it, and they have advis'd of the injustice intended me. I
shou'd immediately answer these Articles, agreeable to the
Order of their Excellencies the Lords Justices ; but that I
have only receiv'd copys of them from my correspondents, and
wait to have an authentick order serv'd on me ; tho' if I can
make any judgment on these Articles which are easy for me
to confute, and of the advice I have that the persons who
exhibited them, do not intend to prosecute them any further,
being disappointed of their grand design, of my immediate
removal, by their clamourous charge against me, agreeable
to the modesty of their petition, which was, first to have me
condemn'd and remov'd, and then I was at liberty to clear
myself, after the loss of my imployment, in what manner I
pleas'd. I am full of the most gratefull acknowledgements,
for the justice has been done me by your Lordships in per-
mitting me to be heard to these complaints against me : And
I hope to demean myself in such manner, as not only to receive
your approbation as a faithful servant to H.M., but as one that
is ambitious of being in your Lordships personal esteem.
Whilst I was at Antegoa died Col. John Hamilton, one of the
Council etc. Recommends Mr. Francis Carlile to succeed him,
a gentleman of very good capacity and plentiful fortune etc.
Mr, Cochran and Mr, Irish two of the Council of Mountserrat, are
AMERICA AND WEST INDIES. 5
mo.
lately dead, Mr. John Doily and Mr. John White, in my humble
opinion are two of the fittest persons in that Island to succeed
them. In Nevis Mr. Richard Abbot has been some time dead,
and beg leave to recomend Mr. Gary Broadbelt to supply his
place. Since my writing this letter, I am inform'd Colonel
Crump of the Council of Antegoa lyes in the agonies of death :
If that Gentleman die, (which I have reason to regret from his
late behaviour to me) I beg leave to recomend Mr. Edward
Chester junior to supply his place, who is a worthy honest man ;
He is now leaving off trade, which he has follow'd'for many
years in an eminent manner, to enjoy the fruits of his labours
in an easy fortune. My Lords, I am inform'd from credible
hands, that there will be very great application made to your
Lordships, and elsewhere, for other persons to succeed etc. ;
But I beg leave to assure your Lordships, if they shou'd gain
their points, it will alwaies keep up a spirit of contention and
confusion in the Council there, to the prejudice of H.M. service,
and the dishonour of His Governor in Chief, be he who he will :
and therefore I humbly intreat your Lordships will oppose
all such applications, at least till I can offer my reasons why
they shou'd not be appointed etc. Signed, Jo. Hart. Endorsed,
Reed. 29th, Read 30th March, 1726. 10f pp. [C.O. 152,
15. ff. 237-243i;.]
Jan. 7. 2. Council of Trade and Plantations to the Lords Com-
whitehaii. missioners of the Treasury. Enclose Office accounts from
Midsummer to Christmas, 1725. There was then three months
salary due to the Secretary and other officers etc. Accounts,
certified, annexed. v. Journal of Council. [C.O. 389, 37,
pp. 256-258.]
Jan. 7. 3. John Hammerton to General Nicholson. Begs him to
attend at the Duke of Newcastle's Office, when he will present
him with a memorial on his affair, as Sir Robert Walpole has
ordered him to do etc. Signed, John Hammerton. Addressed.
1 p. [C.O. 5, 383. No. 19.]
[? Jan. 8.] 4. Lt. Governor Dummer to the Council of Trade and
Plantations. By a ship lately arrived I received from their
Excellencies the Lords Justices an Instruction for my future
proceeding with respect to a Synod proposed to be held by the
Ministers of this Province which shall be punctually obeyed
etc. Their Lordships were also pleased to censure the pro-
ceedings already had in that affair. Wherefore I think myseK
obliged to acquaint your Lordships that I did not pass a consen
for a Synod but only to a vote of the Councill and Assembly
referring the consideration thereof to the next Sessions. Refers
to Minutes. Continues : I was then of opinion it would not
come on the carpett again, as it never did notwithstanding the
COLONIAL PAPERS.
1726.
present Sessions had been sitting for some weeks before their
Lordships orders concerning the same was received. Never-
theless I should have taken myself obliged to have asked your
Lordships directions therein, if I had apprehended it to be of
a new and extraordinary nature. But I must observe that
a vote in the same words was past on the like occasion by H.M.
Councill here in the year 1715 and never as I have heard of
censured by your Lordships. And here I humbly take leave
to say in behalf of the Ministers of this Province, that I know
them to be a body of men most loyal, and inviolably attacht
to H.M. and His illustrious House, and therefore I did not
apprehend any inconveniencys could arise from their
Assembling, especially since they make no pretensions that
I know of to do any acts of authority in such meetings tho'
they call them by the name of Synods ; I pray your Ldships
will think favourably of any omission I may have been charged
with on this occasion, assuring you I have made no willfull
mistakes, and shall always endeavour to the utmost of my
power diligently and faithfully to serve H.M. while I have the
honour to represent his person etc. I have lately concluded a
Treaty of Pacification with the Delegates for all the Tribes of
Indians that have been engaged in the late warr with this
Government, which Treaty is to be ratify'd in the presence of
their whole body in May next, and I think it is settled on such
foundations as promise a more lasting peace than we have ever
yet enjoyed, and that it will accordingly very much promote
H.M. interest in this part of the world. Encloses Treaty. As
soon as the Sessions of the Generall Assembly now sitting is
ended I shall give your Lordships an account of all other matters
of consequence in the publick affairs. .Signed, Wm. Dummer.
Endorsed, Reed. 25th Feb., Read 26th April, 1726. 3 pp.
Enclosed,
4. i. ii. Copies of Nos. ii., iii. following. [C.O., 5, 869.
ff. 232-233, 235-239U.]
Jan. 8. 5. Lt. Governor Dummer to [? the Duke of Newcastle].
Boston. The 13th day of December I received your Grace's letter of
Instructions, with the explanatory Charter H.M. has been
graciously pleased to grant to this Province and the next day
our Generall Assembly being together, in the Councill Chamber
the same was read to them by the Secretary, and then I delivered
it to the Speaker of the Representatives, after a short Speech
to them on the occasion, and I am sorrey I can't yett give your
Grace an account, of their proceedings thereon, they being at
present under an adjournment of a week, in order to their
calling in their absent Members and then I hope I shall be
able to give a good account thereof etc. Refers to Treaty with
Indians as in preceding. Signed, Wm. Dummer. Endorsed,
Rd. Febry. 26th. lj pp. Enclosed,
AMERICA AND WEST INDIES.
1726.
5. i. Conferences had at the Council Chamber in Boston
between the Lt. Governor and Council, and Loron
and Ahanquid (Indians sent from the Penobscot
Tribe) July 28th Aug. 2, 1725. Copy. 8j pp.
5. ii. The Submission and Agreement of the Delegates of
the Eastern Indians (vizt. the Penobscot, Naridgwalk,
St. Johns, Caple Sables and other tribes inhabiting
within H.M. Territorys of New England and Nova
Scotia) with H.M. Governments of the Massachusetts
Bay, New Hampshire and Nova Scotia. Boston,
15th Dec., 1725. Signed, Sauguaaram, als. Loron,
Arexus, Frangois Xavier, Meganumbe, (totem marks).
Copy. 4 pp.
5. iii. Terms granted to the Eastern Indians. Same date.
Signed, Wm. Dummer. Copy. 2j pp.
5. iv. Copy of Conference between Delegates of the Indian
tribes and Commissioners appointed by the Lt.
Governor to treat with them concerning a peace etc.
16th Nov., 1725. 21 pp. [C.O. 5, 898. Nos. 36,
36. i.-iv.]
Jan. 13.
6. Mr. Popple to Mr. Fane. Encloses copies of papers
Whitehall, relating to Act of Jamaica, for encouraging the speedy settling
of Pera Plantation etc. Concludes : My Lords Commissioners
desire that you hear the several parties etc. and send their
Lorps. a full state of this affair as soon as possibly you can.
[C.O. 138, 17. pp. 54, 55.]
Jan. 13.
Charles
Town.
7. President Middleton to Governor Nicholson. I was
out of town, when the account of the burning of Fort King
George came so that I could not give your Excellcy. so early
an account of that, as otherwise I should have done ; the
fire began in one of the Serjeant houses, and being covered
with palmeto ; there was no stopping of it ; and all the other
houses being built of wood, took fire, and are consumed ; and
the walls of the Fort being also of wood ; an I much decayed,
took fire, and burnt down to a very little ; so that those poor
people are now exposed to the weather ; and every thing they
have ; they lost also most of their provisions ; but I have
taken care to supply them. I am in the greatest streight
imaginable, to know how to get convenient houses ; and the
fort rebuilt ; having no power to putt workmen to work, or
to draw for their pay etc. I shall in a few days call the
Assembly ; and try if they will advance ; on the credit of the
Government at home, two or three thousand pounds to go
on with building again the houses ; and putt the fort in some
repair, till I can hear from your Excellency. What success I
may have in this ; I cant yet say ; you know how that affair
stands with our Assembly ; but I will do my duty to the best
COLONIAL PAPERS.
1726.
of my power. I have had a continual plague and trouble with
those people of the fort ever since your departure. I here
enclose the Lieutenant's letter on that affair, by which you
will see how it happened ; and how turbulent the soldiers
are. The twelve that deserted the Garrison, and went to
St. Augustine, I have heard nothing of since ; I beg your
Excellcy. will speedily do something in this affair ; and that
when a new fort shall be built, it may be on the Island at the
entrance of the River. Signed, Ar. Middleton. 1 p. Enclosed,
7. i. Proclamation by President Middleton, 13th Jan.,
summoning the Assembly to meet 1st Feb. Copy.
f p. [C.O. 5, 387. Nos. 51, 51. i.]
Jan. 14. 8. Deposition of Robert Assheton Esq. and Patrick Baird
of Philadelphia. In pursuance of directions given them by
Lt. Governor Sir W. Keith, deponents delivered to Dr. Richard
Welton H.M. Writ of Privy Seal, on 12 inst. etc. Signed, Rob.
Assheton, Patrick Baird. Sworn before Sir W. Keith. Imprint
of Seal of Pennsylvania. Recorded at the Rolls Office at
Philadelphia, in Patent Book A Vol. 6. page 17 etc., Cha.
Brookden, Maj. Rot. Dept. etc. 1 p. Torn. [C.O. 5, 1233.
No. 63.]
Jan. 14. 9. Council of Trade and Plantations to the King. Recom-
whitehaii. mend John Grimes for the Council of Virginia in the room of
Colo. John Lewis deed. [C.O. 5, 1365. p. 286.]
[Jan. 14.] 10. Mr. Stevensone to the Council of Trade and Plantations.
Suggests a further report upon draught of Revenue bill of
Jamaica in view of the Governor's report of 30th Dec. 1724
and Minutes of Council and Assembly showing that the funds
allotted will effectually answer the sum granted etc. Endorsed,
Reed., Read 14th Jan., 172 j. f p. Enclosed,
10. i. Speech of Governor the Duke of Portland to the
Council and Assembly of Jamaica. Same endorse-
ment. Copy. 3J pp.
10. ii., iii. Replies of Council and of Assembly to preceding,
with H.E.'s answers. Same endorsement. Printed.
2 pp. [C.O. 137, 16. ff. 133-135, 136z;., 137, 138-
1880.]
Jan. 18.
Boston,
N. England.
11. Lt. Governor Dummer to the Council of Trade and
Plantations. I did myselfe the honour of writing to you by
a ship that saild about ten dayes since and then I inclosed
you the articles of submission of our late Indian enimys to
His Sacred Majesty King George which I hope is done to your
Lordships satisfaction and that it will bee approved by H.M.
etc. The General Assembly have duty fully accepted H.M.
Royal Explanatory Charter a copy of their vote for the same
AMERICA AND WEST INDIES.
1726.
is herewith inclosed. Upon which occation they have humbly
addrest H.M. and have sent it to their Agent Mr. Dummer to
be presented accordingly. All the votes, acts and orders of
this Assembly shall be forwarded to your Lordships by the
first conveyence after they can be carefully examind and
drawn fair by the Secretary etc. Signed, Wm. Dummer.
Endorsed, Reed. 26th March, Read 26th April, 1726. 1 p.
Enclosed,
11. i. Vote of Council and Assembly of the Massachusetts
Bay accepting H.M. Explanatory Charter relating
to the choice of a Speaker and power of adjournment.
15th Jan., 1725(6). Copy. 1| pp. [C.O. 5, 869.
ff. 226, 227, 228, 228z;., 231z;.]
Jan. 18. 12. Lt. Gov. Dummer to [? the Duke of Newcastle].
Boston, Encloses following. Signed, Wm, Dummer. Endorsed,
N. England. R(J 26th March l p Enclosed,
12. i. Duplicate of preceding enclosure. [C.O. 5, 898.
Nos. 37, 37. i.]
Jan. 18. 13. Governor Philipps to the Council of Trade and Planta-
tions. Recapitulates former Memorial (v. 26th Feb. and 20th
May, 1724), which was referred to the Board, but made no
further progress, hoping that this may prove a more favourable
opportunity, the Sessions of Parliament now approaching etc.
Signed, R. Philipps. Endorsed, Reed. 18th, Read 27th Jan.,
172 j. 21 pp. [C.O. 217, 4. //. 296-297i>.]
Jan. 20. 14. Mr. Attorney and Mr. Solicitor General to the Council
of Trade and Plantations. Report their opinion in reply to
the queries submitted by Lt. Governor Drysdale, 6th June,
1724, as to the interpretation of the Lords Justices' order of
6th Aug., 1723, concerning lands in the new counties in Virginia.
Signed, P. Yorke, C. Wearg. 8| pp. Enclosed,
14. i. Copy of Lt. Gov. Drysdale's queries June 6th, 1724.
14. ii. Copy of Order of Lords Justices 6th Aug., 1723.
14. iii. Copy of Lt. Gov. Drysdale's letter of 6th June, 1724.
14. iv. vi. Copies of encl. ii.-iv. in preceding.
14. vii. Extract from Govr. Lord Orkney's Commission. 2| pp.
14. viii. Extract from Act of Virginia, 1710, for settling the
titles and bounds of lands. lj pp.
14. ix. The case of Col. Spots wood in answer to " Lt.-
Governor Drysdale's fallacious representation " etc.
Cf. June 16, 1724. 4 closely written pp.
14. x. Col. Spots wood's replies to Lt. -Governor Drysdale's
queries. 2 J pp.
14. xi. Col. Spotswood's replies to Lt.-Governor Drysdale's
letter of 6th June, 1724, paragraph by paragraph.
10
COLONIAL PAPERS.
1726.
3 pp. Endorsed, Reed. 29th Jan., 172g, Read 2nd
Feb., 172 ; . [C.O. 5, 1319. ff. 240-244, 246-248*;.,
250-251, 252-255, 256-260*;., 262-263, 264, 264*;.,
266-269, 270-271*;.]
Jan. 22. 15. Henry Hargrave to Governor Nicholson. Encloses
Charles Journal of Assembly to 18th Dec., five Acts, and an account
of the dismal condition of the Garrison etc. Signed, Hen.
Hargrave. Addressed. 1 p. [C.O. 5, 387. No. 59.]
Town.
Jan. 23.
Jamaica,
Spanish
Town.
16. Governor the Duke of Portland to the Council of
Trade and Plantations. Having by the last opportunity of
the 18th of December, which was by the Cardigan Capt. Cross,
troubled your Lordships with a long letter etc. encloses duplicates.
Continues : The Assembly is now met again ; I have been
trying all possible means to moderate the furious rage they
broke up in, and if practicable to dissipate their fears, and
jealousies ; as to the first, I can say that they are in better temper,
as to the last it is impossible to guess, what will be the result
or issue of their consultations ; that notion of being yearly
tennants for their laws, has been so industriously inculcated
upon them, and has taken such deep root in their minds, that
I apprehend all attempts to remove it or any opposition will
raise such a flame, as that nobody can guess or foresee where
it will end. Your Lordships will see that nothing I could
think of, or that was in my opinion prudent has been omitted,
but their engagements upon this head to one another are such,
that tho' they won't (or indeed can't with reason) fall out
with me, however, if any of their Members was to declare his
opinion, or use any arguments to bring others to comply with
a yearly Reviving Bill for their laws, he would not only
immediately be expelPd their House, but likewise be voted,
and declar'd, an enemy to his Country ; I confess it is not an
easy matter to determine what is proper to be done ; it is true
I have hitherto for above a quarter of a year since the expira-
tion of the laws took all proper measures to conduct affairs
so as to prevent inconveniences or complaints, and could I be
satisfied that the distresses of the Government would not
increase, or the distraction of the people not grow worse, I
could continue in the same method and (as to myself) wait
with patience for instructions from Home, but the conse-
quences, and difficulties this might be attended with may
prove such as would be thought unadvisable, or imprudent
to run the hazard of encountering with, and I might be blam'd
to take upon me more then I could answer for : they may
easily be guess'd at, when it is consider'd that there are no
laws in force : Justice at a stop and peoples demands (particu-
larly of those in business from other parts of the world)
suspended, if not lost, by persons dying, or dayly removing
AMERICA AND WEST INDIES.
11
1726.
Jan. 23.
Jamaica,
Spanish
Town.
Jan. 25.
Whitehall.
or going off and useing means to defraud their honest creditors ;
besides considering the general temper of the common people,
who are pleased to be freed from the restrictions of any laws
and are not within reach of being made sensible of their
error, may be liable to create the utmost irregularities and
extravagances, so as might call, for what might be thought
unwarrantable severities to be corrected and set to rights again,
particularly when it might be suspected that those from whom
I should expect all aid to prevent all this, are the very persons,
who under hand may be the fomenters of it. By what I have
said in my former letter etc., I cant suppose but that your
Lordships plainly perceive the just foundation I have to
represent how necessary it is the Government should be
countenanc'd and supported ; that the least suspition as if it
might be overlook'd here or disregarded at Home, is attended
with all the difficulties that can be rais'd or forged by the most
unreasonable, impatient, positive, proud, and stubborn
tempers, and likewise Justine me, when I desire and press to
have, what I have represented ; taken into consideration and
dispatch'd without any loss of time. I shall in the mean while
use my best endeavours to keep every thing as quiet as possible,
try to find out the best means to prevent all inconvenience,
complaints, or confusion : and conform to the utmost of my
power to what may be consistent with my duty to H.M. and the
trust reposed in me. I hope to send a more satisfactory account
by the next opportunity etc. Signed, Portland. Endorsed,
Reed., Read 21st April, 1726. 2j pp. Enclosed,
16. i. H.E.'s Speech to the Council and Assembly of Jamaica,
llth Jan., 1726. Address of Assembly in reply, and
H.E.'s answer, 15th Jan. Same endorsement. Copy.
3 i PP- [ C '- 137 > 16 - ff> 211-214U.]
17. Governor the Duke of Portland to the Duke of
Newcastle. Repeats preceding covering letter. Signed,
Portland. Endorsed, Rd. 21st April, 172^. 2j pp. Enclosed,
17. i. Duplicate of P. to N. Dec. 18, 1725. (1st letter.)
17. ii. Duplicate of No. 16 i. [C.O. 137, 52. ff. 200-2070.]
18. Council of Trade and Plantations to the Lords of the
Committee of H.M. Privy Council. In reply to Order of 27th
(i.e. 17th) July, 1723, report that " the Colonies of Connecticut
and Rhode Island are not willing to surrender their Charters, or
be annexed to any of H.M. Governments, but we do not find
any reason to alter our opinion as to King Charles II having
been deceived in his grant to Connecticut, or of H.M. intentions
to redress the grievance complained of by Rhode Island by his
subsequent charter to them," etc. Quote from their report
of 22nd March, 1723. Continue : The Agents for Connecticut
alleged that John Winthorp, after having obtained the charter
12
COLONIAL PAPERS.
1726.
Jan. 26.
Council
Chamber
in Nassau, N,
Providence.
for that Province, had no authority to submit the boundaries
to a second determination ( April, 1663). But the Agent
for Rhode Island having now laid before us a new piece of
evidence, which is the appointment by the Genl. Assembly of
Connecticut in Oct. 1702, of certain Commissioners to meet
those from Rhode Island in order to settle the boundaries
between the two Colonies ; it plainly appears from this instru-
ment, that the General Assembly of Connecticut were so far
from thinking that their late Agent Mr. Winthorp had exceeded
his Commission in submitting the bounds to arbitration, after
their Charter was passed, that they expressly provide " that
nothing to be done by these Commissioners shall alter or change
the property of any persons lands, but that property shall be
saved according to the agreement of their late agent Jno.
Winthorp, made in 1663, with Mr. Clarke, agent for Rhode
Island." Upon the whole, considering that as the people of
Connecticut have by their letter to us of 28th Oct., 1723,
submitted their bounds to be determined and fixed by H.M. ;
and as the people of Rhode Island have done the same by
their petition to H.M. : we are of opinion that H.M. may in
his judicial capacity determine what shall be the division line
between these Colonies. But as some doubts have been made
with respect to their bounds, even as they are stated in the
Rhode Isld. Charter, arising from the uncertainty and variety
of names given to places and rivers ; and as the green line in
the annexed map was determined in 1703, to be the division
line between the two Colonies by the Comrs. respectively
appointed for that purpose, we humbly propose, that H.M.
may be graciously pleased to signify his pleasure, that the
aforesaid green line may hereafter be the settled boundary
between the sd. two Colonies of Connecticut and Rhode Island.
(Cf. A. P. C. III. No. 4 and map reproduced in Appendix
thereto.) [C.O. 5, 1293. pp. 346-351.]
19. Governor and Council of the Bahama Islands to the
Council of Trade and Plantations. Your Lordships will
observe that by the ballance of the last years account we are
indebted 664.7J ps. of f at 4s. sterl. p. piece of f , and is chiefly
on account of tools and necessarys for the use of the fortifi-
cations and carrying on other publick works. We have been
as good husbands as possible but our revenues are so very small,
and the Bahama Society receiving to their particular use the
tenths of wood, salt and other adventures which always
formerly came into the publick Treasury, the Lords Proprietors
appropriating them entirely to the country service, greatly
occasions our debts. H.M. having sent us a Great Seal to be
affixed to all patents grants and acts etc., the Lords Proprietors
or their lessees having nobody now here that do's grant patents
for lands, and there being several demands of that kind, we are
AMERICA AND WEST INDIES.
18
1726.
greatly embarrast, and desire your Lordship will please to
give us instructions whether the Governor may give patents
conformable to the enclos'd form, and how the reservation of
quit-rent shall be adjusted, or in what other manner your
Lordships shall see most convenient, for the want thereof will
be a great hindrance to the encouragement of new setlers. In
1722 there were three bills of one tenor and date drawn on
Jno. Mulcaster Esq. for 183 175. 4>d. paya. to the Lords
Comissrs. of the Treasury being H.M. part of forfeiture of a
brigantine and her lading condemnd here, which we understand
their Lordships have not yet demanded the payment of, there-
fore humbly pray your Lordships will please to interceed with
H.M., that the said bills may be return'd us, and that we may
have liberty to apply the sd. sum towards discharging our
public debts. Signed, G. Phenney, W. Fairfax, William
Spatchers, Sam. Watkins, J. Howell, Thomas Spencer, Willm.
Jones, Simon Ferrall, Ken. Fraser. Endorsed, Reed. 19th
May, Read 21st June, 1726. 2 pp. Enclosed,
19. i. The publick Treasury's account of cash. Totals :
Receipts ; by public duties, 1725, 138 ps. f, for the
Church account, 13. Expenditure : Deficit from
1724, 560. 6. ; workmen and materials for the fortifi-
cations, 1724, 176. 3J. From the Bahama storehouse
for same, 78.3, and for the church, 0.3J. Total, 816.
Deficit, 664 : 1\. Signed as preceding. Endorsed,
Reed. 19th May, 1726. 2 pp.
19. ii. Draft of a patent for granting lands in the Bahama
Islands. Endorsed as preceding. l^rdpp. [C.O. 23, 2.
ff. 1, It;., 2v., 5v.-3v.]
Jan. 26. 20. Governor and Council of the Bahama Islands to the
N. Duke of Newcastle. Duplicate of preceding covering letter,
Providence. mu fatf s mutandis. Same signatures. 2 pp. Enclosed,
20. i, ii. Duplicates of encl. i, ii preceding. [C.O. 23, 13.
ff. 227, 227u., 241t;., 242, 243, 243u.]
Jan. 28. 21 . Mr. Cumings to the Council of Trade and Plantations.
Boston. There are abundance of ships trades this way importing salt
for the fishery from France, Spain and Portugall : but att the
same tyme import abundance of prohibited goods and very
injurious to the trade of Great Brittain especialy from France,
vizt. lulstrings and alamodes, besides other silks and India
goods from Spain and Portugall so that if the Act of 9th and
10th K. William in favour of the lulstring Company were
extended to the Plantations it would be an effectual means
to prevent the importation of French lustring and alamode
so prejudicial to the silk manufacture of Great Brittain. Many
vessels trades from the Continent to the French and Dutch
Settlements in the West Indies where it may be suspected a
14
COLONIAL PAPERS.
1726.
Jan. 28.
Jan. 28.
N.
Providence.
great deall of illegal! trade is carryed on and they will not
allow our vessels to trade there without importing of horses
to grind their canes and allow us nothing in return but molosses
etc. Repeats Oct. Wth, 1724 on this point and his scheme for
saving 80,000 per ann. Signed, Archd. Cumings. Endorsed,
Reed. 15th March, Read llth Aug., 172;;. Addressed. Sealed.
Postmark. 1 p. [C.O. 5, 869. ff. 338, 3390.]
22. Benjamin Whitaker to [? Governor Nicholson]. Com-
plains that President Middleton has superseded the Clerk of
the Crown (v. 3rd Feb.) and Vendue Master and sold their
offices to Childermas and Edward Croft. He tried to obtain
400 for the office of Provost Marshall, but Mr. Harvey
succeeded in getting it for 200 etc. I am very sorry that this
should be done by a native of the countrey who I have heard
condemn the Proprietors for things of this kind etc. Signed,
Benja. Whitaker. 4 pp. [C.O. 5, 387. No. 60.]
23. Governor Phenney to the Council of Trade and Plan-
tations. In reply to Mr. Popple's letter encloses returns
required. Continues : The Council book being swell'd to a
large folio and Mr. Fairfax having no assistant, it will take a
longer time to make two copys for your Lordships and the
Secretary of State's Offices, so that it was impossible to get
them done during the stay of the vessel that carrys this etc.
Encloses list of Councillors. Continues : Those names observ'd
not to have been taken from the list of inhabitants qualified,
were only the Commission Officers of the Independant Company
and the Chief Justice, whom we found it absolutely necessary
to admitt, for the other Councellers being so frequent at sea
amongst the islands following their employment, we have been
sometimes six weeks, and two months without a number
sufficient to make a quorum ; and altho' that the persons I
have return'd are men of fair characters, having never been
on any unlawful accounts, yet several of them are very illiterate,
which is unavoidable here. I have likewise sent your Lordships
a draft of the outworks of the fort I have been building, which
are now compleated, (except the gate which was done from my
design and which we are forthwith beginning upon). We had
not room upon the paper to shew your Lordships the bearing
with respect to the barr etc., but as soon as it is finisht I shall
furnish myself with larger paper and send it your Lordships
with the prospects of the town and harbour, and if it is not
so correct as it should be, hope your Lordships will excuse it,
having no Engineer, whose proper business it is. Refers to letter
of Jan. 26, and asks for the Board's recommendation thereof.
Concludes : Your Lordships will see by the enclosed affidavit
what treatment the person who was rob'd by the Spaniards,
met with, an account of which I promist to send upon his
AMERICA AND WEST INDIES. 15
1726.
return. The Governor of the Havana (letter enclosed) was
very civil to him, and he has hopes to get further satisfaction
by the suit he has commenct against the Governor of St. Jago
de Cuba, who returned me no answer to my letter. Endorsed,
Reed. 19th May, Read 21st June, 1726. 2f pp. Enclosed,
23. i. Minute of Council of the Bahama Islands, 25th Oct.,
1725. The great silver Seal having been received
from H.M., the former leaden one was defaced
and laid up in order to be sent to the Board of Trade etc.
Signed, W. Fairfax, Secry. Endorsed, Reed. 19th
May, 1726. Copy, f p.
23. ii. List of Councellors, 1721. James Gohier, dead ;
William Fairfax; Thomas Walker, dead; Cha. W.
Carrington and P. Skynner, suspended by Council ;
Richard Thompson sr. ; Natha. Taylor, absent above
18 months, tho' leave for six only ; Saml. Watkins ;
William Spatchers Sr., Peter Courant, ran away,
therefore expell'd ; Joseph Cookes, went for England,
there quitted ; Thomas Wood, resigned in Council.
Vacancies filled by (i) Tho. Granger, Chief Justice,
quitted and vacancy filled by Simon Ferrall ; (ii)
John Howell ; (iii) Thos. Ockold, dead, vacancy
filled by Kenneth Fraser ; (iv) Thos. Barnett ; (v)
Benja. Saunders ; (vi) Thos. Spencer ; (vii) Rd.
Thompson, jr. ; (viii) Wm. Jones. Endorsed as
preceding. 1 folded page.
23. iii. (a) List of inhabitants recommended in 1721 as
proper to supply vacancys in Council ; of these, Jones,
Barnett, Spencer and Benjamin Saunders are now
Councillors, John Cockrem has gone off for debt,
Joseph Hall is dead ; Thomas Walker has gone off
and lives at Jamaica ; John Thompson was mistaken
for Richard.
(b) List recommended, 1726 : Francis Besey, Benja.
Bullock ; Neal Walker ; Thorns. Saunders ; Revd.
McCurphey ; Willm. Spatchers junr., Saml. Frith ;
John Walker, John Bennet, Joseph Hall jn., Willm.
Pindar, Thos. Spencer jr. Same endorsement. 1
folded p.
23. iv. Replies to queries of Board of Trade, (i) Articles
of trade : Dye woods, timber, salt, oil, turtle, turtle
shell, ambergrease, fruits, fine cotton and platt of
palmeto tops, (ii) List of 16 small vessels of 3 to
25 tons, three of which were built this year. (iii)
About 100 seafaring men at this town. (iv) British
manufactures annually taken by the inhabitants,
(clothing, ware, stationery, arms, provisions, tackle
etc.) value, 2320,
16 COLONIAL PAPERS.
1726.
(v) The greatest trade is to S. Carolina,
bartering our turtle and fruit for provisions ; some
others of our vessels go to Jamaica to be there
employed during the gathering of their sugar, carrying
salt, braziletto and oil and bring back the produce
of that island, (vi) All necessary methods are used
in this port by the Governor and Collector to prevent
illegal trade, but there being several out islands where
ill-disposed persons may find conveniency for running
goods, and there being no proper vessel allow'd for
the Collector to visitt such places, tho' both the
Governer and he have represented the want thereof
to the Board of Customs, their care it may be pre-
sumed is not wholly effectual, (vii) The natural
produce of the Island is, large sugar canes, the finest
cotton in the world, fine madera, mahogony, cedar,
and pine fit for building of vessels, manchineel, prince
wood, lignum vitse, brown ebony of a strong Rhodium
scent, with great quantities of braziletto, fustick and
other dying woods, senna, gum elmi, guiacum mastick,
and several other gums and medicinal drugs. The
palmeto trees afford as good platt as on Bermuda,
of which the women make hatts, and some small
quantitys of platt are exported. The lands produce
most sorts of provisions for familys, various sorts of
fine fruits, the pine-apples here being of the best
kind in America. On Exuma and several other
islands, large quantitys of salt are naturally made
every year sufficient to supply all H.M. Plantations,
(viii) No mines yet discovered, the major part of
the island inwards not being opened. (ix) As above,
(x) 500 whites, 250 negroes on Providence : 200
whites, 40 negroes on Islathera ; 130 whites, 20 negroes
on Harbour Island. (xi) Number of inhabitants not
increasing for want of trade being more briskly carried
on. (xii) There are three Companies of Militia on
Providence, two on Islathera, and one on Harbour
Island, (xiii.) Fort Nassau, that lies to command
the bar, which the Governor found in ruins, has had
three entire new bastions solid, lately built of stone
work, and the parapets which were formerly of earth
also finisht with stone, as likewise a strong palisado
round it more than half finisht. There remains to be
added a gate on the South curtain with a cavalier
over it, a magazine bomb proof, storehouses for
provisions and gunners stores, barracks for officers
and soldiers ; and traverse walls on the ramparts,
as likewise a small fort at the eastward to command
that entrance into the harbour, There was a small
AMERICA AND WEST INDIES. 17
1726.
thing called a fort at Harbour Island but now in ruins,
and an entire new one necessary, on which the Governor
has encouraged them to go to work, and promist to
supply it with cannon etc. They have not yet begun,
but promise speedily. We proceed on these works
as fast as our small revenue and number of hands will
enable us. What has been already done, having been
by the labours of the Independant Company in
garrison here, and now and then the help of a few
negroes without any assistance from any other persons
whatsoever. The Governor having built a house on
his plantation at the village where the Palatines
dwell about five leagues west of Nassau has secur'd
it in such a manner as to be a retreat to the neighbours,
in case of necessity about 20 or 30 men may defend
it. It commands the channel to a bay where vessels
may ride, (xiv) Having little correspondence with
the French or Spaniards am not able to state their
strength, (xv) The French islands lying eastward
and far to the windward am not sencible of any ill
effects, (xvi) The revenue laid on tonage of shipping
and importation of wine and rum and fines of the
Court are appropriated towards answering the contin-
gencies of the garrison and fortification etc. (v. No.
19. i.) (xvi) Grants of lands hitherto made were
by virtue of the Lords Proprietors lease and in
the lessees names, and the quit-rent reserved to
themselves, (xvii) The charge of the Independent
Company to the Crown is 1821 195. 2d., being on the
lowest establishment. There are no salaries setled
for the Civil officers. The extraordinaries for contin-
gencies for the garrison and fortifications amounted
this last year to 255 pieces of f rials, (xviii) List of
Council and officers etc. (xix, xx) List of islands
under this Government, with their produce. Same
endorsement. 10 pp.
23. v. List of fees appointed to be taken by officers, 16th
Nov., 1724. Same endorsement. 6j pp.
23. vi. Deposition of Richard Thomson Senr. 20th Nov.,
1725. On arriving at St. Jago de Cuba to demand
satisfaction for a late robbery done by Augustino
Branco who had the Governor Don Carlos de Sucre's
Commission, the said Governor promised him justice,
and he commenced a suit. But after tarrying for
four months, deponent found that by their continual
adjournments he would get no reparation or justice
and departed, Gibson Dalzell conveying to him 7
of his negroes which were in his possession as Factor.
The Governor and his Secretary kept each of them
C.P. XXXV 2
18
COLONIAL PAPERS.
1726.
one negro. Deponent also brought away Thomas
Balthasar native of Puerto del Principe, who had
been enticed to sail with Branco but refused to join
in his villanies etc. Signed, Richard Thomson.
Same endorsement. Copy. If pp.
23. vii. Governor of the Havana to Governor Phenney.
5th June (N.S.) 1725. Acknowledges letter addressed
to his predecessor and regrets that Capt. Augustine
Blanco should have abused his commission by com-
mitting an act of piracy etc. Has written to the
Governor of Cuba, Don Carlos Sucre, etc. Signed,
Don Dionisio, Mart, de la Vega. Same endorsement.
Spanish. Copy. 1 J pp.
23. viii. Lists of marriages, baptisms (including negroes),
and burials in the Bahama Islands, 1721-1725. Same
endorsement. 3 J large folded pp.
23. ix. Account of stores of war wanting at Nassau. Signed,
Tho. Butler, Gunner. Same endorsement. If pp.
23. x. Account of stores of war brought to the Bahamas
by Governor Rogers and Governor Phenney and of
what remains, Nov. 1721-Jan. 1726. Signed, G.
Phenney, Tho. Butler, gunner, Willm. Shott, steward.
Same endorsement. 3pp. [C.O. 23, 2. ff. 6-8,
9a.-16z;., 170., 19-22i;., 23y.-24z;., 25v.-2Qv., 27v.-29,
30v.-3Iv., 32v.-34iV.]
24. Governor Phenney to the Duke of Newcastle. Duplicate
mutatis mutandis, of preceding covering letter. Signed, G.
Providence. p ne nney. Endorsed, Rd. May 20. 1 J pp. Enclosed,
24. i ix. Duplicates of encl. ii x preceding.
24. x. Naval Officer's list of ships entered and cleared, N.
Providence, Nov. 1721-Dec. 1725. Signed, Jno.
Warner. Nav. Offr. 38 pp.
24. xi. Plan of the Fort (at Nassau ? v. preceding covering
letter). Coloured draft of outworks and palisading.
1 folded p. [C.O. 23, 13. ff. 225-226r;., 229, 229v.,
231-234, 235-239r;., 244-263t;., 265-266, 2G7v.-272v.,
273v., 274, 275z;., 276v., 277, 278, 279, 2790.]
Jan. 28.
N.
Jan. 28.
N.
Providence.
25. Governor Phenney to Mr. Delafaye. Abstract. Compli-
ments. Has been obliged to remove Mr. Mulcaster, Agent of the
Independent Company, his credit being too bad. Is obliged
to send for provisions to the West Indies and the Northward,
but they refuse to take his bills on Mulcaster. Has appointed
Ralph Noden of London, merchant, agent in his stead. Asks
for Mr. Delaf aye's protection and support in obtaining the
stores of war so often requested etc. Signed, G. Phenney.
Endorsed, R. May 30. Holograph. Ij pp. [C.O. 23, 13.
ff. 281, 2Slv., 2S2v.]
AMERICA AND WEST INDIES.
19
1726.
Jan. 29. 26. Order of King in Council. Referring Representation
st. James's. o f 22nd Dec., 1725, with petition of Isaac Miranda etc. to the
Committee for hearing appeals and complaints from the Planta-
tions, for their report. Signed, Robert Hales. Endorsed, Reed.
21st, Read 24th Feb., 172;:. 1 p. [C.O. 137, 16. ff. 141, 142u.]
Jan. 29. 27. Order of King in Council. Appointing John Grimes
st. James's, to the Council of Virginia, as proposed 14th Jan. Signed and
endorsed as preceding. 1 p. [C.O. 5, 1320. ff. 1, 2v.]
Jan. 29. 28. Order of King in Council. Referring enclosed to the
st. James's. Council of Trade and Plantations for their report. Signed,
Robert Hales. Endorsed, Reed. 14th, Read 18th Feb., 172;;.
1 p. Enclosed,
28. i. Petition of Samuel Jacob and other merchants of
Bristol to the King. The Treasurer of Virginia
refuses to refund the duty exacted on some negroes
imported by petitioners on 30th April 1724 under the
Act which was repealed on that day. Pray for relief.
Signed, Samuel Jacob and five others. If pp.
28. ii. Deposition of Augustine Moor, of King William
County, Va., 22nd June, 1725, as to payment of duty
on said negroes consigned to him etc. Torn. 1 p.
[C.O. 5, 1319. ff. 273, 274, 274u., 275.]
29. Governor Phenney to Temple Stanyan. Acquaints
him that he has appointed Mr. Noden Agent for the Independent
Company etc. (v. 28th Jan.). Signed, G. Phenney. Endorsed,
Rd. May 20. 1 p. [C.O. 23, 13. ff. 283, 284u.]
30. Mr. Scrope, Secretary to the Lords Commissioners of
the Treasury, to the Lords Proprietors of Carolina. It appear-
ing that the yearly rent of 13 6s. 8d. payable by your Lordships
into the Exchequer here as Proprietors of Carolina is in arrears
from the feast of All Saints, request? payment of sum in arrears
and constant payment in future according to the Charter etc.
Signed, J. Scrope. [C.O. 5, 290. p. 171.]
Feb. 3. 31 . Mr. Abraham Meure to Mr. Popple. Forwards
certificate by Davy Breholt that the Honble. Collo. John
Davis, late President of the Council of St. Kitts, died in London,
13th Dec. 1715. Signed, Abr. Meure. Endorsed, Reed., Read
4th Feb., 172;]. Addressed. 1 p. [C.O. 152, 15. ff. 230,
230t;.]
Feb. 3. 32. Journal of the Assembly of S. Carolina. Resolved,
upon the petition of Lawrence Coulliette, Clerk of the Crown
and of the Supreme Court etc., concerning' the loss of his place,
that the buying and selling of places relating to the Courts of
Feb. 1.
Providence.
Feb. 2.
Treasury
Chambers.
20 COLONIAL PAPERS.
1726.
Justice is of the utmost ill consequence to H.M. subjects in
this Province, and very much to the dishonour of H.M. etc.
v. 28th Jan. Copy. Signed, W. Blakewey, C.D.C. 1 p.
[C.O. 5, 383. No. 23.]
Feb. 4. 33. President Middleton to [? Governor Nicholson]. Refers
to account of burning of Fort King George etc. (v. 13th Jan.).
Continues : Accordingly the Assembly is mett, and after
two or three dayes long disputes, and denyals so to do, they
have at last agreed to make use of 2000 of the bills that are
to be sunke, and it is to be apply'd to the repare of the fort,
and building of barracks. There being no money in the
Treasurer's hands, and the tax bill having past long before,
and all the money appropriated, nothing could be done that
waye, so that by the advice of the Council I have agreed to
make use of that money, knowing it to be for H.M. interest
and servis, and that the poor soldiers should be expos'd to the
weather, and the Indians. I hope your Exelency won't take
this a miss, for I could not possibly do otherwise, haveing no
power to draw bills for any such use. Your Exelency can't
imagine the daly trouble I have with those people, and I begg
that you will ease me of it as soon as possible, and that the
fort may be remov'd to St. Simons Island, which will be more
for H.M. servis, and use to the country. Mr. Allin will now
in a few dayes send a sloope with all necessaryes etc. The
Journal of this short Sessions shall be sent to your Exelency
as fast as possible, etc. Mr. Whitaker, being told by someone
that I had wrote to your Exelency against him etc., caused one
Quliett formerly Clerk of the Courts of Common Pleas, to
petition the Assembly that I had taken his place from him,
and given it to another, and for which I tooke money (v. 3rd
Feb.). This Quliett has been often complain'd of by the
Judgees to me as unfitt, and very negligent, upon which I told
Mr. Chief Justice Hepworth that I was unwilling to turne the
man out, but as he was so unfitt for that post as he represented
him to me, if I did turn him out whoever had it should give me
something for it, this I did openly, and not underhand, and
accordingly he approved of the person to whome I gave the
Commission to, and I received a present of 200 for it, and
that without askeing for, and this is the great crime the Assembly
designes to acquaint you with. This place, the Martial's
place, and the Vandue Masters have bin alwayes looct upon
perquisets to the Governt. and something has bin alwayes
given for them, and how it now comes to be a crime in me I
cant tell. Indeed your Exelency did not but that was your
own goodness, and you spent many thousand pounds in the
country more then you gott, but your Exelency cant thinke
that a reaon for an other, that cant so well afford it. I have
annuf to do with those Gentmen that were alwayes know(ra)
AMERICA AND WEST INDIES.
21
1726.
Feb. 4.
Whitehall.
Feb. 5.
South
Carolina.
Feb. 7.
Feb. 7.
Charles
Town.
enemyes, and they hate me as being a friend and servant of
your Exelenceyes etc. They are insenct against for standing
up for the previledges of the Council pursuant to H.M. Instruc-
tions etc. In raiseing the tax for the insueing year they gave
me 1500, but it was in such a maner as made it very unactable
(? unacceptable) to me, for first they putt it to the vote whether
I should have it then, whether it should be 1000, then 750
etc. Indeed I shall spend more then I shall gett. Mr. Whitaker
has given me a copy of his letter (v. 28th Jan.), but it is stuft
with so many notorious untruths that I can't mention them,
and in due time will disprove them etc. Signed, Ar. Middleton.
2 i PP- \_C-O- 5, 387. No. 61.]
34. Council of Trade and Plantations to the King. Recom-
mend Wm. Pym Burt for the Council of St. Kitts in place of
Mr. Davis deed. [C.O. 153, 14. p. 202.]
35. Benjamin Whitaker to Governor Nicholson. Encloses
following by order of Assembly. Signed, Benja. Whitaker.
1 p. Enclosed,
35. i. Petition, of Lawrence Couliette to the Commons
House of Assembly S. Carolina. The President sold
his place to Childermas Croft etc. v. Jan. 28, Feb. 3
and 4. Signed, Law. Couliette. 1 p. [C.O. 5, 387.
Nos. 62, 62. i.]
36. Mr. Hargrave to Governor Nicholson. Herewith you
receive the Journall of what the Assembly have done in relation
to the Fort. Describes how the President sent him to Mr.
Kilpatrick to offer him the place of Clerk of the Peace for
300 etc. Signed, Hen. Hargrave. Addressed. 2| pp. [C.O.
5, 387. No. 63.]
37. Charles Hart to Governor Nicholson. Upon the
unfortunate accident to Fort King George being burnt to ye
ground, the Presidt. imediatly summon'd his Councill, who
gave their opinion, that 'twas proper to call the Assembly to
have their advice and assistance on so important an affair.
I must referr your Excellency to the Journalls (now sent by
Capt. Ryder) of what passed between the two houses, and the
recourse wee were obliged at last to take, to keep possession
of that ground, and supply the soldiers with such necessaries,
to defend them from any sudden surprise of the enemie, and
the inclemency of the weather, wee having more frost and
deeper snow, than ever I knew since my being here. I have
now got Mr. Tobias Fitch Journalls wch. shall be copied out
with all expedition to be sent to your Excellency but I hope
you will arrive here sooner in person to read it yourself, Captain
Clark having brought the agreeable news that yr. Excellency
COLONIAL PAPERS.
1726.
Feb. 8.
Feb. 9.
Whitehall.
will return hither. The sudden changes of weather in this
clymate is not more quick, than the alterations in some people's
faces, I protest it affords me some diversion etc., but my joy
would be compleat could I kiss yr. Excellency's hands now etc.
Signed, Charles Hart. 2 pp. [C.O. 5, 387. No. 53.]
38. Mr. Gray to the Council of Trade and Plantations.
Replies to some objections raised at a meeting with the Board,
on Feb. 2, by Govrs. Nicholson, Hunter, Spotswood, and
Phillips, to his scheme for a barrier path at the back of all H.M.
Colonies on the Continent (v. C. S. P. 20th June, 1725). Signed,
Galfridus Gray. Endorsed, Reed. 10th Feb., Read 23rd June,
1726. 2i pp. [C.O. 323, 8. No. 65.]
Feb. 9. 39. Mr. Popple to Mr. Carkesse. Requests returns of
Whitehall. 4j p.c. duty in Barbados and the Leeward Islands, since 1715.
[C.O. 29, 14. pp. 418, 419.]
40. Council of Trade and Plantations to Governor Hart.
Acknowledge letter of 24th Dec. 1724, 28th Feb., 1st March,
20th and 26th July, and 6th Aug., 1725. Continues: We
have transmitted to the Duke of Newcastle the Addresss of
the Assembly of Antigua etc. (v. 1st March, 1725). We have
recommended Chas. Pym and Wm. Pym Burt to be of the
Council of St. Kitts etc. We have again had under our con-
sideration your proposal of uniting the Council and Assembly
of St. Christophers and Nevis (v. 3rd Dec., 1723), but this being
so material an alteration in the constitution of those Islands,
we can by no means think of advising H.M. to do an act of
this nature by the sole power of his Prerogative without the
consent of the people : If the two islands are both of them
convinced it would be for their mutual convenience, that such
an union should be made between them, let their respective
Councils and Assemblies address H.M. for leave to make this
alteration, which will bring this affair properly under his royal
consideration, and in case the same should be approved of by
H.M., they may then pass bills for this purpose. Enclose
Attorney and Solicitor General's opinion on the case of William
White etc. (v. 26th July, 1725), " as a rule for you to govern
yourself in this case, and for the future in the like circumstances."
Enclose petitions of John Greathead and Thomas Rowland
relating to grants of lands in St. Kitts. Continue : We
desire you will receive what proofs the petitioners can produce
of the facts contained in their respective petitions, and that
you transmit the same to us, together with your remarks and
observations upon the whole etc. [C.O. 153, 14. pp. 203-205.]
Feb. 10. 41. H.M. Warrant appointing John Grimes to the Council
St. James's. o f Virginia, in the room of John Lewis, deed. Countersigned,
Holies Newcastle. [C.O. 324, 35. p. 159.]
AMERICA AND WEST INDIES. 23
1726.
Feb. 11. 42. William Hammerton to Governor Nicholson. Encloses
So. Carolina, lists of his office etc. Refers to the President's sale of places
etc. (v. Feb. 3-7). Continues : These things have made some
of your Excellency's enimyes see their error and earnestly
wish for your return etc. We are informed my brother is like
to come Secretary etc. Signed, Wm. Hammerton. Addressed.
1 p. [C.O. 5, 387. No. 64.]
Feb. 12. 43. Order of King in Council. Appointing William Pym
st. James's. Burt to the Council of St. Kitts (v. 4th Feb.). Signed, Robert
Hales. Endorsed, Reed. 21st, Read 24th Feb., 172 jj. 1 p.
[C.O. 152, 15. ff. 233, 234*;.]
[?Feb. 12.] 44. Lords Proprietors of Carolina to the King. Pray for
H.M. approbation of etc. the Honble. Col. Samuel Horsey whom
they have appointed Governor of S. Carolina etc. Set out,
A. P. C. III. p. 82. q.v. Signed, Beaufort, Craven, Ja.
Beartie, John Tyrrell, J. Colleton, Hen. Bertie. [C.O. 5, 290.
p. 170.]
Feb. 15. 45. Mr. Leheup to Mr. Popple. Encloses following, which
Treasury he is now obliged to send, in answer to Col. Spotswood's repre-
Chambers. sen tations. Signed, Peter Leheup. Endorsed, Reed. 15th
Feb., Read 8th Sept., 1726. 1 p. Enclosed,
45. i. Extract of letter from John Grymes, H.M. Receiver
General (to Mr. Leheup). Virginia, 25th May, 1724.
Col. Spotswood has so embarrassed the affair of
the land in Spotsylvania County, by granting vast
tracts of it (after he knew he was removed from the
Government) without rights, or a proper security for
the payment of the value of 'em, that the Govermt.
is now at a loss how to proceed in it according to the
Order of the Lords Justices. The first time that
order was laid before the Council here, I was
(as Receiver General) ordered to demand the rights
and quit rents due on all those grants that contained
more than 1000 acres. This Col. Spotswood and some
other gentlemen concerned thought not agreable to
the intention of their Excellencys' Order, and there-
upon made great clamour etc. I acquainted the Govr.
therewith, and my opinion that none of those patents
were valid in law, having been granted without rights,
contrary to the law and custom of the Colony, and
that the receiving the consideration money mentioned
in the said patents (which is the rights) and the quit
rents due thereon, was the only way left to strengthen
and make valid these grants. Hereupon his Honour
was pleased to desire me not to proceed in demanding
either the rights or quit rents untill he should con-
24 COLONIAL PAPERS.
1726.
veniently call a Council etc. Since which I think the
Council have unanimously advised that the officers
of the Revenue should not demand either the rights
or quit rents until H.M. pleasure be known, least the
acceptance thereof should be taken as an allowance
or approbation of the grants etc. Hearing that Col.
Spotswood designs to England, and knowing his good
will towards me, I beg leave to observe a few things
to you, for the clearing some facts which I apprehend
he may endeavour to make appear like negligence in
me vizt., All patents being constantly prepared and
passing the Seal of the Colony at the Secretary's
Office, neither the Depty. Audr. or Recr. Genl. have
any direction in issuing them. Till this instance, it
has never been known that any patent has passed in
that office without rights regularly produced. At
the time Col. Spotswood signed those patents he
acted as Secretary having done so from the death of
Secretary Cocke, till the arrival of the present Govr. ,
whereby he is answerable for all omissions in the
Secretary's Office during that time. Altho' the bonds
taken by Col. Spotswood's direction at the Secretary's
Office in lieu of the rights, are upon a contingency
made payable to the Receiver General, that officer
never was acquainted therewith, but the bonds were
kept at the Secretary's Office, in a manner concealed
from him. When the Clerk of the Secretary's Office,
who is Col. Spotswood's principal patentee, had taken
some bonds requiring an absolute payment of the
money to the Receiver General, if H.M. did not
grant a remission of the rights, Col. Spotswood gave
him another form of the bonds, whereby the patentee
is left at liberty to surrender his grant or to produce
importation rights. In Col. Spotswood's own case no
bonds at all are given. Besides the two large grants
to Hickman, Jones and Clayton of 68,000 acres for
Col. Spotswood's use, he holds in the same county
25,391 acres by regular patents granted before the
Address of the Council and Burgesses to H.M.
Hickman has since the arrival of the present
Governour prepared several patents for land in
Spotsylvania County upon the same footing which
the Govr. being a stranger has signed etc. Copy.
2 pp. [C.O. 5, 1320. ff. 31, 32, 32v., 34,v.]
Feb. 15. 46. Mr. Popple to Mr. Bell Jones, Secretary to the Board
Whitehall, of Ordnance. Asks for copy of plan and estimates of forts
projected for the defence of Nova Scotia transmitted by the
Engineer there in 1720. [C.O. 218, 2. p. 52.]
AMERICA AND WEST INDIES. 25
1725.
[Feb. 15.] 47. William Hughes to the Council of Trade and Planta-
tions. On behalf of Lynch Salusbury Cotton, prays that he
may be heard against the Act of Jamaica for settling Pero
plantation etc. Signed, Will. Hughes. Endorsed, Reed. 15th,
Read 16th Feb., 172;]. | p. [C.O. 137, 16. ff. 139, 140u.]
Feb. 16. 48. Council of Trade and Plantations to the Lords Com-
W 7 hitehaii. missioners of the Treasury. We have lately received from
H.M. Surveyor General of the Woods in America, an account
sent him from his Deputy there, that the people of N. England
do not only continue to deny H.M. right to the woods there,
but do also cut and destroy them as they please. This is
directly contrary to the Charter of the Massachusets Bay
granted them by King William and Queen Mary, wherein there
is an express reservation to the Crown " of all trees of the
diameter of 24 inches and upwards at 12 inches from the ground,
growing upon any soil or tract of land in the said Province,
not heretofore granted to any private persons." The reserva-
tion in behalf of the Crown is entirely destroy'd by the con-
struction which the people of New England put upon the
5th section of an Act pass'd in the 8th year of H.M. reign,
entituled, an Act giving further encouragement for the importation
of Naval Stores etc., whereby it is enacted for the preservation
of white pine trees for ye masting the Royal Navy, that " no
persons within the Colonies etc. shall cut any white pine trees
not growing in any township or the bounds thereof," etc. The
construction they put upon this paragraph, is, that trees
growing in any township are not the King's property, and that
consequently the Surveyor' Genl. has no power to prevent
the people from cutting them, for their own use. The people
of N. Hampshire having interpreted this Act of Parliament
in the same manner, have got the best part of the Province
granted out in townships ; By which means unless a remedy
be speedily applied, H.M. will be deprived of the benefit of any
masts either growing in the Massachusets Bay or New Hamp-
shire. In order to put a stop to so pernicious a practice, we
inserted a clause in the draught of a bill for the encouragement
of Naval Stores, which we prepar'd the last Sessions of Parlia-
ment. But as that did not pass, we take this opportunity of
laying this matter before your Lordships, that you may give
the necessary directions for preventing this growing evil.
[C.O. 5, 915. pp. 446-448.]
Feb. 16. 49. Mr. Popple to William Hughes. In reply to his letter,
Whitehall, the Board request that he will lay what he has to offer before
them in writing. [C.O. 138, 17. pp. 55, 56.]
Feb. 16. 50 - H - M - Warrant appointing William Pym Burt to the
St. James's. Council of St. Christopher in the room of John Davis. Counter-
signed, Holies Newcastle. [C.O. 324, 35. p. 160.]
26
COLONIAL PAPERS.
1726.
Feb. 16.
Whitehall.
Feb. 23.
Whitehall.
51 . Council of Trade and Plantations to the Lords Com-
missioners of the Admiralty. Colo. Philipps, H.M. Governor
of Nova Scotia, having represented to us the advantage it would
be to the Fishery of that place, if one of the men of war that
are to be appointed for the Newfoundland Convoy this year,
were directed to cruize between Can9o and Cape Sables, we
thought it proper to give your Lordships this information,
that you may give the necessary orders before the ships sail
etc. The Fishery at Can9o begins much earlier in the year
than that at Newfoundland, and the man of war appointed
last year for this service, did not arrive on the coast of Nova
Scotia till the beginning of September ; This occasion'd the
breaking up of the Fishery sooner than would otherways have
happen'd, several of the fishing ships having saiPd away with
half of their loading ; and as the dread of the pirates is always
a great interruption to the Fishery, but more especially when
the man of war is not expected till so late in the year, we must
desire, your Lordships will please to give directions to the
Captain of the man of war who is to attend this service, to be
there as early as possible, because they begin to fish there the
latter end of March or the beginning of April. [C.O. 218, 2.
pp. 53, 54.]
52. Order of Committee of Council. Referring to the
Council of Trade and Plantations draft of new Revenue
Bill for Jamaica etc. v. A. P. C. III. p. 74. Signed, Temple
Stanyan. Endorsed, Reed. 1st, Read 4th March, 172 <j. 2 pp.
Enclosed,
52. i. Mr. Attorney and Solicitor General to the Lords
Justices. Report upon Representation of the Board
of Trade upon the Revenue Bill transmitted to
Jamaica. Aug. 5, 1725. Signed, P. Yorke, C.
Wearg. 8 J pp. Enclosed,
52. ii. Amendments to Revenue bill sent from Jamaica,
proposed by the Attorney and Solicitor General.
8j#p.
52. iii. Traders and Planters of Jamaica, now residing in
Great Britain, to Mr. Attorney and Solicitor General.
Answers to some of the objections to the Jamaica
Revenue Bill put forward by the Board of Trade.
Signed, John Sadler and 12 others. 18 pp.
52. iv. Order of King in Council, 3rd March, 1725, v. A. P. C.
Ill, p. 73.
52. v. Lords Commissioners of the Treasury to the King.
5th Oct. 1725. Report upon Jamaica Revenue Bill.
Approve of Representation of Board of Trade. Signed,
R. Walpole, Cha. Turner, Will. Yonge, Wm. Strick-
land. Copy. 3 pp.
AMERICA AND WEST INDIES.
27
1726.
Feb. 23.
Office of
Ordnance.
Feb. 24.
Admiralty
Office.
Feb. 25.
Office of
Ordnance.
52. vi. Mr. Stevensone to the Committee of the Privy Council.
Suggests that, in the light of recent advices from
Jamaica, a fresh report be made upon the whole
matter of the Revenue Bill etc. Copy. Ij pp.
52. vii. Draft of Revenue Bill transmitted from Jamaica,
Jan., 1724.- Copy. 12J pp. [C.O. 137, 16. ff. 175-
180, 183-193i;., 195-198, 199-200, 201, 201i;., 203-
2100.]
53. Mr. Short to Mr. Popple. Papers in our office relating
to Nova Scotia are ordered to be transmitted to the
Council of Trade and Plantations as desired, 15th Feb. Signed,
Edwd. Short. Endorsed, Reed., Read 24th Feb., 172 6 5 . J p.
[C.O. 217, 4. ff. 302, 330t;.]
54. Mr. Burchett to Mr. Popple. Reply to 16th Feb.
Capt. St. Lo, Comander of the Ludlow Castle, now at Boston,
will be ordered to proceed directly to Canso, and guard
and protect the Fishery in those parts etc. Signed, J. Burchett.
Endorsed, Reed., Read 25th Feb., 172jj. 1 p. [C.O. 217, 4.
ff. 304, 305i>.]
55. Mr. Short to Mr. Popple. Encloses three plans of the
Fort of Annapolis Royal with Major Mascarene's explanation
and an estimate, etc., he being the Engineer appointed by this
Office. Requests return of draughts. Signed, Edwd. Short.
Endorsed, Reed. 25th Feb., 172g, Read 16th May, 1727. p.
Enclosed,
55. i. (a) A description of Nova Scotia, its boundaries,
climate, soil, settlements, and inhabitants, including
Annapolis Royal, Manis, Copequid, Chignecto and
Canso. Urges immediate settling of country and that
the French inhabitants should no longer be tolerated
in their non-allegiance, but have a test put to them.
A force of 700 or 800 men is required to make them
comply with the terms prescribed to them, etc.
Signed, P. Mascarene, Major of Foot and Engeneer.
Approved, as agreeing with the unanimous opinion
of H.M. Council, Signed, R. Philipps, John Doucett.
(b) Representation of the Governor and Council of
Nova Scotia to the King. Annapolis Royal, 27th
Sept., 1720. (v. C.S.P., 1720. Sept. 26th, No.
xvii.) The whole endorsed as covering letter. 16 pp.
55. ii. Explanation of draughts of Fort of Annapolis Royal,
21st Nov., 1720. Signed, P. Mascarene. Approved,
R. Philipps. Same endorsement. 2| pp.
55. iii. Estimate of materials and labour required for
proposed building of fort at Annapolis Royal. Signed
and endorsed as preceding. 2| pp.
28 COLONIAL PAPERS.
1726.
55. iv. Account of material to be procured in Nova Scotia
and of other materials required for proposed fort.
Signed and endorsed as No. ii. 2J pp. [C.O. 217, 4.
ff. 326-343t;.]
Feb. 25. 56. Council of Trade and Plantations to the King. Reply
Whitehall. t(J 30tn Dec 1725 . Have heard Mr. Douglas as to claim to lands
in St. Kitts by Jeremiah Brown. Continue : As we do not
find, that anybody pretends a claim in opposition to Mr. Brown,
and that he and the persons under whom he claims have
possessed and cultivated the same ever since 1715, propose
that H.M. pleasure be signified to Govr. Hart that Mr. Brown
remain in the quiet enjoyment thereof till H.M. pleasure be
further known, and that in case Col. Hart shall have made
any grants to dispossess Mr. Brown, that he immediately recall
the same. [C.O. 153, 14. pp. 206, 207.]
Feb. 26. 57. Capt. Paul George to [? the Duke of Newcastle]. The
many obligations I have to your Grace are reasons for my
taking this liberty etc. Three years and half ago I came to
this place under his Grace of Montagu's protection in order
for the expedition to Sta. Lucia, which miscaried etc. Applied
to Lord Carteret and was appointed Governor of Montserrat,
" which I had been informed was more profitable than it proves
to be the number of inhabitants not exceeding 400 whites, the
neat salary from the Crown list 174 : and upon my honnour
My lord, le tour de baton does not amount to twenty pistoles
a year. I must owne my Lord that I have a company in Col.
Lucas's regiment within this Govenment, that was a change from
a purchase I made near two years before I left England " etc.
Prays to be appointed to succeed Col. Hope as Governor of
Bermuda etc., and begs his Grace " to think on Poor Paul "
etc. Signed, Paul George. 3 pp. [C.O. 175, 1. No. 1.]
Feb. 26. 58. H.M. Warrant to Attorney or Solicitor General to
St. James's, prepare a bill for appointing Devereux Bacon Clerk of the
Naval Office, Piscataway, N.H., in place of Butts Bacon, deed.
[C.O. 324, 35. pp. 161, 162.]
Feb. 26. 59. Lt. Governor Dummer to the Council of Trade and
Boston. Plantations. Refers to letter of 18th Jan., and following enclosures.
Continues : I am informed the Judges [of the Superior Court]
have nevertheless proceeded finally to prohibitt the Court of
Admiralty in the cases therein mentioned etc. Asks for the
Board's directions therein, and refers them to papers transmitted
to the Admiralty. Signed, Wm. Dummer. Endorsed, Reed.,
Read 28th April, 1726. lj pp. Enclosed,
59. i. Lt. Governor Dummer to the Judges of the Superior
Court of the Massachusetts Bay. Castle William,
AMERICA AND WEST INDIES.
29
1726.
18th Feb., 1725(6). Suggests, upon following appli-
cation, that they should stay executions on prohibi-
tions already granted until August, when instructions
may be expected to have arrived from home etc.
Signed, Wm. Dummer. Same endorsement. Copy.
I p.
59. ii. Petition of Officers of the Vice- Admiralty Court, Mass.,
to Lt. Gov. Dummer. Pray to be relieved against
some prohibitions granted by the Supreme Court
there in relation to seizures for breach of the Acts
of Trade. The Vice- Admiralty Court for many years
past in this Province and throughout all the Planta-
tions has taken cognizances of such cases. But upon
three such informations exhibited by Robert Robinson,
H.M. Collector at Salem, the Judges of the Superior
Court have prohibited the proceedings of the Vice
Admiralty Court, declaring that the matters laid in
the said informations ought to be tried in the Courts
of Common Law. Admiralty and Commissioners of
Customs have been informed etc. Signed., J. Menzies,
Judge of the Vice- Admiralty Court, Robt. Auchmuty,
H.M. Advocate, and John Boy dell, Register of the
said Court. Same endorsement. Copy. 2 J pp. [C.O.
5, 869. ff. 240, 240r;., 241t;.-244i;.]
Feb. 28. 60. Mr. Whitaker to Governor Nicholson. Captain Rider
has been detain'd by contrary winds in Rebellion Road a
considerable time so that you will receive this as soon as those
which I last addressed to your Excellency etc. The Assembly
is prorogued till next month etc. Refers to their resolution
concerning places, 3rd Feb. There was not one man who spoke
in the President's justification etc. It is now confidently
affirmed that wee are to see your Excellency no more in Carolina
etc. Signed, Benja. Whitaker. Addressed. 2 pp. [C.O. 5,
387. No. 65.]
March 1. 61. Declaration by Mrs. Penn that the royal approbation
of Patrick Gordon to be Deputy Governor of Pennsylvania
and the Three Lower Counties upon Delaware River, shall not
be construed to diminish the right claimed by the Crown to
the said Three Lower Counties. Signed, Hannah Penn, in the
presence of S. Clement and Will. Penn. Endorsed, Reed.,
Read 16th March, 172. Sealed. f p. [C.O. 5, 1266. ff.
200, 201.]
March 1. 62. Similar Declaration.
dorsed as preceding. Seal.
203i;.]
Signed, Springett Penn. En-
1 p. [C.O. 5, 1266. ff. 202,
30
COLONIAL PAPERS.
1726.
March 3. 63. Mr. Popple to Francis Lynn, Secretary of the Royal
Whitehall. African Company. Sends following queries, for reply by
Monday, " the Board intending to sit that evening to consider
thereof, that a state of this matter may be ready to be laid
before Parliament this session, in case the same shall be thought
necessary." Annexed,
63. i. Queries. (1) Whether it be for the service of the
Publick, that the African Trade should be carried on
by a Company, or laid entirely open ? (25) Enquiries
as to the forts and settlements on the coast of Africa.
Mem. Like letters were writ to Mr. Wescomb, Secretary
to the South Sea Company ; Sir Abram Elton ; Mr. Brereton ;
Mr. Morris ; Mr. Harris ; Mr. Newport ; Mr. Gary ; Mr.
Tryon ; Mr. Perry ; Mr. Hyde ; and Mr. Douglass. [C.O.
389, 28. pp. 282, 283.]
March 3. 64. Mr. Fane to the Council of Trade and Plantations.
Report upon Act of Jamaica for setting Pero Plantation etc.
The legislature should rarely interfere in matters of private
right, but this may safely be passed, there being great danger
in not having this plantation setled, and there being no
sufficient titles set up or allegations proved to prevent its
confirmation etc. Signed, Fran. Fane. Endorsed, Reed. 4th
March, Read 6th July, 1726. 5f pp. [C.O. 137, 16. ff. 219-
221i;., 222i;.]
March 4. 65. Order of Committee of Privy' Council, referring Governor
Whitehall. Shute's Memorial (enclosed) to the Council of Trade and Planta-
tions for their report what methods may be most proper to be
taken for the relief of petitioner. Signed, Robert Hales.
Endorsed, Reed., Read 15th March, 172". 1 p. Enclosed,
65. i. Petition of Governor Shute to the King. Refers to
his Memorial upon the State of New England and
proceedings thereupon, 1722-1725, with reports of
Committee of Council in his favour (v. A. P. C. III.
No. 75). Continues : During these transactions
Petitioner, besides the expense of a hazardous winter
voyage, has attended here at great expenses, and
kept a family in New England without receiving any
salary from either Province etc. On his arrival at
his Government, the people showed so little regard
to H.M. Instructions that the salary allowed him by
both the Provinces did not together exceed 400
sterl. per annum etc. It appears manifest it is
impossible for your Majesty's Governor of these
Provinces to support your Royal Prerogative and
discharge the trust reposed in him without having
a certain salary fixt suitable to his post and indepen-
dant of the people. Prays for H.M, orders for pay-
AMERICA AND WEST INDIES.
31
1726.
ment of the arrears of his salary and for the settling
a suitable salary on the Governor for the future etc.
9pp.
65. ii. Journal of the House of Representatives of the
Massachusetts Bay, Jan. 3-5, 1725(6). Printed, by
B. Green and S. Kneeland. 4 pp. [C.O. 5, 869.
ff. 220, 221-224, 225*;.]
March 4. 66. Council of Trade and Plantations to Governor the
Whitehall. Duke of Portland. Acknowledge letters of 2nd June and Dec.
last. Continue : We are very much concern'd to find that
the Island under your Grace's Government is reduc'd to such
a state of confusion ; but as there are many matters of conse-
quence contain'd in your Grace's letter and the papers that
accompanied it, it will require some time to digest our thoughts
thereupon, in order to lay them before H.M. for his directions ;
however, in the mean time, we are glad to observe that your
Grace has adher'd to your Instructions in refusing to give your
assent to the bill wherein there was a clause inserted to repeal
that which granted a perpetual revenue to H.M. in 1724. The
bill for perpetuating the laws of the Island, sent home some time
since by your Grace, has not yet been finally determin'd upon,
but no time will be lost etc. We have no reason to apprehend
that any letters your Grace has sent to us are made publick by
any person in our Office. [C.O. 138, 17. pp. 56-58.]
March 5.
Whitehall.
67. Duke of Newcastle to Governor the Duke of Portland.
A few days since I was honoured with your Grace's letters etc.
of Dec. 18th, relating chiefly to H.M. Instructions for con-
tinuing the Revenue Act, and the other laws of Jamaica for
one year longer. Altho' I have not yet received H.M.
commands upon those letters, I would not omit this occasion
of acknowledging the receipt of them, till such time as
I shall be enabled to answer them more distinctly. In the
mean time I can assure your Grace there is no foundation for
what has been insinuated by some of the Assembly, as if it
were H.M. intention that the laws of Jamaica should be
renewed only from year to year. But your Grace cannot but
be sensible, that the ascertaining the revenue, in order to
provide for the support of the Governmt. of Jamaica, and the
perpetuating the laws there, are of great consequence to H.M.
service, and the welfare of the island ; and therefore it has
required more time than ordinary to settle it in such a manner,
as may most effectually answer those purposes. But I have
now the pleasure to acquaint your Grace, that the whole is
in such a forwardness before H.M. in Council, that I make no
question, but it will soon be brought to a final determination.
I thought it necessary to give your Grace this information,
32
COLONIAL PAPERS.
1726.
that you may have an opportunity of undeceiving those who
have been made to believe the contrary. Signed, Holies New-
castle. [C.O. 324, 35. pp. 162, 163.]
March 5. 68. Mr. Perry to Mr. Popple. Encloses following, in reply
London. to queries of 3rd inst. Signed, Micajah Perry. Endorsed,
Reed. 7th, Read 8th March, 172 p. J p. Enclosed,
68. i. Merchants trading to Virginia to the Council of Trade
and Plantations, (i) The welfare of the British
Plantations in America depends upon the carrying
on the African trade in the most extensive manner,
and in the most frugal method, and that it be free and
independent etc. Separate traders carry on their trade
with less charge, more frugality and diligence than
a Corporation etc. As the prosperity of the British
Plantations depends upon their being plentifully
supplied with negroes, the carrying on the African
trade by an exclusive Company will make their all
(for their being supplied with negroes is so to them)
be subjected to the mercy of a Corporation. But if
the trade be laid entirely open, the planters will be
at liberty to supply themselves with negroes, if no
body else will etc. 2 pp. [C.O. 388, 25. S. 31.]
March 7. 69. Petition of Mayor and Merchants of Poole, concerned in
Pooie. the Fishery of Newfoundland, to the Council of Trade and Plan-
tations. The fisheries of the N. and N. W. parts of Newfoundland
surrendered by the French in the Treaty of Utrecht, are very
good, but the coast is dangerous and utterly unknown to our
seamen etc. Pray that a proper person may be appointed to
make a survey thereof, for want of which our ships dare not
adventure to sail into those parts etc. 48 signatures. En-
dorsed, Reed. 10th, Read 17th March, 172*. 1 p. [C.O. 194,
8. ff. 17, 17.]
House.
March 8. 70. Mr. Carkesse to Mr. Popple. In reply to 9th Feb.
Custom encloses following. Concludes : Besides the expences mentioned
in the account there are several other charges paid in the
respective Islands out of the said duty. Signed, Cha. Carkesse.
Endorsed, Reed. 8th, Read 9th March, 172*. Addressed. 1 p.
Enclosed,
70. i. Account of the produce of the 4 J p.c. duty in Barbados
and the Leeward Islands Xtmas 1715-1724. 1716,
9720 175. 4d. ; 1717, 10,735 195. 7d. ; 1718, 13,411
105. 3d. ; 1719, 8678 165. 7d. ; 1720, 3916 55. Qd. ;
1721, 8,236 125. 4d. ; 1722, 2,900 ; 1723, 2,200 ;
1724, 4,000. Total sent home by bills of exchange,
63,800 15. 7d. Paid for freight, customs and other
incidental expenses, 17,646 85. lOd Nett money
AMERICA AND WEST INDIES.
33
1726.
paid into the Exchequer, 46,153 12s. Qd. Signed,
R. Parsons, Compr. Genl. 1 p. [C.O. 28, 18. ff. 242,
243,
March 9.
Lyme
Street.
71. William Tryon to Mr. Popple. Encloses following,
after having shown the Board's queries of 3rd inst. to some of
the most considerable West India Planters now in England
and having their approbation of his answers etc. Signed, Wm.
Tryon. Endorsed, Reed. 10th, Read llth March, 172*.
Addressed, f p. Enclosed,
71. i. Same to the Council of Trade and Plantations.
Encloses following, " signed by the most considerable
proprietors of the land and negroes in Barbados, who
also then signed a petition to Parliament for a settle-
ment of the trade to Africa to be carried on by a
Company etc." Replies to Queries, (i) Experience
hath proved that laying the trade open, hath produced
so many seperate interests and buyers, on the coast
bidding one on the other, that they have raised the
price of negroes on the Gold Coast and at Whidah to
six times the price, they were purchased by the
Company when they enjoyed their Charter etc.
Nothing can reduce the price of slaves so as to be
sold in the Plantations at reasonable rates, but one
united interest which in time will reduce the
exorbitant impositions of the negro merchants, when
they see they have but one set of buyers etc. Signed,
Willm. Tryon. 3 pp.
71. ii. A joint letter from the most considerable Proprietors
of Barbadoes etc. Duplicate of C.S.P. 1709, No.
892. iii. Printed. 4 pp. Endorsed as covering letter.
[C.O. 388, 25. S. 34.]
72. Mr. Popple to Mr. Carkesse. In reply to No. 70
requests separate returns for 4| p.c. duty in Barbados and
Leeward Islands. [C.O. 29, 14. p. 419.]
73. Mr. Armstrong to [? Mr. Burniston]. Since my last,
5th Nov., I have been a considerable time in the woods. The
inhabitants still claim the woods within the townships by the
late Act etc. Refers to previous memorials and letters. Con-
cludes : I have marked with ye broade R in ye woods in New
Hampsheire aboute 300 trees, and aboute 200 in Main fit for
H.M. service. Signed, Robt. Armstrong. Endorsed, Reed,
(from Mr. Burniston) 17th, Read 21st June, 1726. 2 pp.
[C.O. 5, 869. ff. 245, 246u.]
March 11. 74. Order of King in Council. Approving of appointment
St. James's. o f Major Patrick Gordon as Deputy Governor of Pennsylvania,
C.P. XXX V 3
March 9.
Whitehall,
March 10.
Boston.
COLONIAL PAPERS.
1726.
Admiralty
Office.
provided he qualify himself as the law directs and give security
as proposed, and that Springett and Hannah Penn make the
declaration proposed (v. 1st March and undated document,
1726, and A. P. C. III. No. 94). Signed, Edward Southwell.
Endorsed, Reed., Read 16th March, 172;;. 2j pp. [C.O. 5,
1266. ff. 198-1990.]
March 15. 75. Mr. Burchett to Mr. Popple. H.M.S. Argyle, Captain
Bouler, being design'd to go convoy this year to Newfoundland,
requests that instructions and heads of enquiry may be prepared
as usual etc. Signed, J. Burchett. Endorsed, Reed. 16th,
Read 17th March, 172;]. Addressed, frd p. [C.O. 194, 8.
ff. 18, 19.]
March 15. 76. Mr. Popple to Robert Chester. Encloses queries
Whitehall, concerning African trade as March 3. Mem. A similar letter
was written to Messrs. Serle, Lascells, Trahee, Palmer, Caswell,
Crookshank, Breholt and Sir Dennis Dutry [West India
merchants, Ed.]. [C.O. 389, 28. p. 285.]
March 17. 77. Council of Trade and Plantations to the King. Recom-
mend Arthur Kennedy for the Council of New York, in place
of Thomas Byerly deed. [C.O. 5, 1124. pp. 383, 384 ; and
(rough draft) 5, 1079. No. 142.]
March 17. 78. John Becher etc. on behalf of Bristol merchants
trading to the coast of Africa etc. to the Council of Trade and
Plantations. Reply to queries, 3rd inst. Experience shows
that it is for the interest of the publick to have the trade to
Africa free and open, for in the most flourishing time the Africa
Company never carried above 5,400 negroes pr. ann., whereas
the Separate Traders have and do not carry less than 30,000
pr. ann. into the Plantations whereto by their rival industry
they have been prompted to carry them even where the Company
have had little or no concern, as Virginia, Carolina and other
parts of that Continent. We now employ 63 ships etc. Signed,
John Becher, Peter Day, Will. Jefferis. 3 large pp. Enclosed,
78. i. List of (63) Bristol ships on the African trade, capable
of carrying 16,950 negroes. The complement varies
from 450 to 150 per ship. Endorsed, Reed. Read
18th March, 172$. 2 pp. [C.O. 388, 25. S. 37.]
Fryers.
March 17. 79. Mr. Chester to Mr. Popple. Thinks it would be best
Crutched f or t h e African trade to be carried on by a Company, " provided
sutch Company be stricktly obliged to carry on the trade to the
utmost extent, and thatt great care be taken thatt they supply
all H.M. Plantations with a sufficient quantity of negroes
annually to carry on their settlements att reasonable rates,
and care should also be taken that the South Sea Company
AMERICA AND WEST INDIES.
35
1726.
March 18.
London.
March 18.
March 18.
Whitehall.
March 19.
Stoake
Newington.
March 21,
London.
are not prejudiced in providing negroes to supply the Assien-
to contract " etc. A Company, with no other persons to
oppose them in trade, can buy their negroes on reasonable
terms etc. Signed, Robert Chester. Endorsed, Reed. 17th,
Read 18th March, 172;;. 3 pp. [C.O. 388, 25. S. 38.]
80. Merchants of London trading to the coast of Africa
to the Council of Trade and Plantations. We are unanimously
of opinion that it will be for the service of the publick and the
benefit of the Plantations that the trade to Africa should
remain free and open, which we think the best and only method
to preserve, improve and increase this valuable branch of
trade to this Kingdom etc. 49 signatures. Endorsed, Reed.
Read 22nd March, 172*. 4 pp. [C.O. 388, 25. S. 39.]
81 . Sir Denis Dutry to the Council of Trade and Plantations.
Thinks the African trade is best to be carried on by a Company,
so all others be excluded etc. Signed, Denis Dutry. Endorsed,
Reed. 18th, Read 22nd, 172jj. 2 pp. [C.O. 388, 25. S. 41.]
82. Mr. Popple to Joshua Gee, merchant. Encloses queries
as 3rd March. [C.O. 389, 28. pp. 286, 287.]
83. E. Lascelles to Mr. Popple. Replies to queries, 3rd
March. The African trade cannot well be carried on to any
advantage except by an exclusive Company. Laying open
the trade has redounded to the advantage of the natives. 3
worth of goods here used to purchase a good slave, now 16
wont buy one etc. When the trade was exclusive, the planters
were very well supplied and at a cheaper rate than ever since
etc. Signed, E. Lascelles. Endorsed, Reed. 21st, Read 22nd
March, 172 jj. Ij pp. [C.O. 388, 25. S. 43.]
84. J. Douglas to the Council of Trade and Plantations.
In reply to queries (3rd March), thinks the African Trade ought
to be carried on by a Company, " It being already too apparent
by its being open to every trader, the several competitors have
risen the price of negroes so excessively, that the planters are
not able to purchase enough for the carrying on their sugar
and other works, and that without due care not only our trade
for slaves on that coast, may be entirely lost etc., but shall
be obliged to buy sugars in forreign markets, even for our
home consumption, as may appear from the annexed account
of what the Dutch have imported from the distantest place of
Asia for these ten years past," etc. Is no African trader, but a
real and hearty well wisher to our Plantations etc. Signed,
James Douglas. 2 large pp. Enclosed,
84. i. Same to Same. Negroes are the essentialest article
towards improving all our English Plantations, the
36 COLONIAL PAPERS.
1726.
dearth renders the poor planter incapable of enlarging
his stock or improving any more ground than for the
immediate support of himself etc. Rich people will
trust a poor planter one negroe at 15, which they
won't do when at 30 etc. The dearth of negroes is
the true reason why so many millions of acres both
on our islands and on the main ly unimproven, and
the industry of our planters is mostly lost. Which
if not timely prevented, we shall by the art and
cunning of our neighbours loose all our sugar trade,
as you may observe from the following sketch of
sugar imported into Holland from the East Indies
since anno 1716 etc. Figures given etc. Signed, James
Douglas. Endorsed, Reed. Read 22nd March, 172-|.
3 large pp. [C.O. 388, 25. S. 40.]
March 21. 85. T. B. to the Council of Trade and Plantations. The
African Trade would be best carried on by a Company with
exclusive privileges etc. Signed, T. B. Endorsed, Reed.
Read 22nd March, 172*. 7 pp. [C.O. 388, 25. S. 42.]
March 22. 86. Samuel Ogden and Charles Pole in behalf of the
merchants of Liverpoole trading to the coast of Africa to the
Council of Trade and Plantations. Reply to Queries of 3rd
March. It is with the utmost concern we observe the repeated
and restless endeavours of the African Company to deprive
the outports of their share in a free and open trade to Africa,
which with that to the Plantations intirely dependant upon it,
is their only support, their bread, their all etc. One instance
of their fallacious pretences is their suggesting a trade in danger
of being lost to the nation, when it never flourished in an equal
degree etc. Monopolies in trade have in many former reigns
been condemned etc. Reason and constant experience prove
them a great hindrance of the growth of trade etc. Argued at
length. Continues : The numerous complaints of our West
India Plantations against the arbitrary exactions of the Company
in the sale of those few negroes they did bring in, and their not
importing a fourth part of the number wanted, their neglect
of several parts as Virginia, Maryland, Carolina etc., whither
they brought few or none, these sufficiently show this was
not a proper method of carrying on this trade etc. Since the
trade was freed, it has come to be as advantageous a branch
of trade as belongs to the Nation, and the number of ships
engaged in it from Liverpoole only has risen from one or two
to 21 besides at least 70 or 80 more yearly sent from that place
to bring home the American productions raised and brought
to perfection by the labour of the African negroes, and the
manufactures of cotton, woollen, copper, pewter etc. spread
particularly all over the County of Lancashire, so much
AMERICA AND WEST INDIES.
37
1726.
March 23.
London.
influenced by this trade, are now put into the most flourishing
circumstances etc. Signed, Saml. Ogden, Cha. Pole. Endorsed,
Reed. Read 23rd March, 172jj. 2f large closely written pp.
Enclosed,
86. i. List of (21) ships from Liverpool engaged in the African
Trade. Oct. 20, 1725. Carrying 5,200 negroes, f p.
[C.O. 388, 25. S. 44.]
87. Mr. Godin to the Council of Trade and Plantations.
Encloses following, in pursuance of his proposal concerning the
bounty on Naval Stores. Signed, Stephen Godin. Endorsed,
Reed. 22nd March, 172;:, Read 28th Sept., 1727. 1 p.
Enclosed,
87. i. Clause proposed to be added to the Bill for the
importation of Naval Stores. Embodying proposal
of Jan. 16, 1725 q.v. f p. [C.O. 323, 8. Nos. 76,
76. i.]
March 23. 88. Lords Proprietors of Carolina to the Lords of the
Committee of Council. Ask for the appointment of a short
day for hearing the matter [of the appointment of a Governor]
in reference before their Lordships. The postponements of
the hearing (v. A. P. C. III. No. 69) were procured merely to
delay the matter and increase Memorialists' expenses in feeing
Counsel etc. The absence of Lord Carteret in Ireland cannot
be any obstruction in determining the matter, Memorialists
being six of the eight Proprietors. They don't doubt he would
concur, and if he did not, he would be concluded by the majority
etc. Signed, Beaufort, Craven, Ja. Bertie, J. Colleton, H.
Bertie, John Tyrel (v. undated document at end of this year).
[C.O. 5, 290. pp. 172, 173.]
March 24. 89. Mr. Palmer to the Council of Trade and Plantations.
Alderman- Answers to queries of 15th inst. The African trade will be
best carried on by a Company etc. Signed, Hen. Palmer.
Endorsed, Reed. 26th, Read 31st March, 1726. 2 pp. [C.O.
388, 25. S. 47.]
[March 24] 90. Capt. Bradstreet to the Council of Trade and Planta-
tions. Has been instructed by Governor Philipps to report on
clandestine trade carried on by the people of New England, and
the French inhabitants of Nova Scotia, with Cape Britton and
Canada. Has served 10 years in that country, during four of
which he commanded a privateer against the Indians by a
commission from Governor Philipps, and has been dispatched by
him several times through the country, where he was obliged to
live in the woods with the Indians for months together etc.
The French inhabitants buy up our cattle, flour and furs and
take them through the woods to their vessels awaiting them
in Cape Verd, and carry them to Cape Britton. The inhabitants
COLONIAL PAPERS.
1726.
of Nova Scotia likewise have about 12 vessells of their own,
with which they follow the same trade, and pass and repass
within three leagues of Canso, insult the Government, and
laugh't at all orders to the contrary. When I have been
cruizing on the Banks and sent express into Louisburg, I have
seldom failed of meeting the vessells of the people of New
England, some laden with cattle, some with boards, shingles
etc. ; and others with beef, pork and other provisions, bound
for Cape Britton tho' cleared out for Canso, and particularly
last August I saw ten New England sloops and schooners, and
one ship in the harbour of Louisburg, all to be sold to the
French both vessells and cargoes ; which occasioned such
plenty of provisions there, that the price of one sheep at Canso
was equivalant to that of two at Cape Britton ; and at the
same time arrived four vessells from Nova Scotia, which brought
eighty odd oxen and cows, great store of sheep, and other
fresh provisions, and a great quantity of furrs ; being thus
furnished with vessells, and with the timber of Nova Scotia
to build others, Cape Britton affording neither timber nor
provision, they are enabled to vie with us in the forreign fish
trade, and reap as much benefitt from Nova Scotia as if they
were still Proprietors thereof. Proposes that a small vessel
of 60 tuns should attend that Government, which kept cruizing
between Caple Sables and Bay Verd would soon prevent all
this clandestine trade, besides keeping an open communication
between H.M. Garrisons etc. Signed, John Bradstreet.
Endorsed, Reed., Read 24th March, 172 jj. 2 pp. [C.O. 217,
4. ff. 306-307U.]
March 25. 91. Petty expences of the Board of Trade, Christmas to
Lady Day, 1726. 134 17s. 3jd. Stationer's account, 61
10s. Wd. Postage, 13 Is. 4d. Endorsed, Read July 14, 1726.
41 pp. [C.O. 388, 78. ff. 141, 142t;., 145-146*;.]
March 25. 92. Mr. Popple to John Scroop. Encloses draft of bond
Whitehall, to be given by Depty. Governor Gordon for his observance of
the Acts of Trade. Two sureties in 2000. Concludes : My
Lords Commrs. observing that the Deputy Govrs. have not
regarded that Instruction, which directs them to give bond to
H.M., that they will not, during their continuance in their
Government, trade as merchants for themselves, or a factor
for others etc., have therefore thought fit to insert this Instruc-
tion in the bond enclosed etc. Annexed,
92. i. Draft of bond referred to in preceding. [C.O. 5, 1293.
pp. 352-361.]
March 25. 93. Mr. Popple to Mr. Burchett. In reply to 15th March,
Whitehall, encloses Heads of Enquiry. Note in margin : " which were
required in such haste that they were sent in columns without
alteration from last year." [C.O. 195, 7. pp. 142, 143.]
AMERICA AND WEST INDIES.
1726.
March 26.
Whitehall.
March 27.
Province of
N.
Hampshire.
94. Duke of Newcastle to Governor Worsley. Writes at
request of Sir Mathew Decker, a Director of the East India
Company, and " one of the chief of our merchants." He is
obliged to sue William Gordon, Minister of Bridge Town, for
a considerable sum of money. Thomas Foster, a merchant
at Barbados, is employed in the prosecution of that suit.
Requests him to see that justice is done etc. Signed, Holies
Newcastle. [C.O. 324, 35. p. 164.]
95. Lt. Governor Wentworth to the Council of Trade and
Plantations. Refers to letter of Aug. 27 last and refers to
enclosed treaty made with the Eastern Indians in conjunction
with the Massachusets Government. Continues : The rati-
fication will be in May next ; by what wee can learn : The
Indians seems to be well disposed, if continuing so untill our
next meeting I shall be in hopes of a lasting peace. Here is a
brave country, in case the Indians could be brot. to subjection
to ye English : Wee should greatly increase in numbers tho'
not in riches. Provisions would in seven years be as plenty
as in Ireland. The Indian war cramps us extreamly, driving
the people into garrison that they cant work half their time
etc. The Massachuset Govermt. did in their last Sessions pass
a vote for selling a tract of land to a number of people for 500.
My Lords, This land lyes near the center of this Province, of
New Hampshire ; and is about thirty miles from New Castle
wch. is our principle seaport. They take it from the words
of their Charter which say's three miles to the Norward of
Merrimack. Now Merrimack that is the first branch, runs
from the seaboard or entrance, of the river ; up severall miles
nearest west ; At the first settlement they concluded that the
currant of the river run on a West point of the compass, but
since ye woods are clear'd wee find ye river runs from the west
bending round to the N.N.E., or N.E. b(?/) North which lyne
continued as the river runs cuts of two thirds of New Hampshire.
Were there a lyne run from Pennecook the place they lately
sould before mentioned, I say a streight lyne from thence to the
sea, would take more then two thirds of the Province. The
Massachusets will never desier to have the lyne settled, and
they take this oppertunity, and make their advantage in selling
all that land which lyes three miles to the nor ward of Merrimack.
Therefore wee humbly pray your Lordships to consider our
condition and set us at liberty for we being a small Govermt.
to them, they dispise and lay heavier burthen on us, then we
can bear, and suffer many hard things from them, if the Generall
Governr., when he comes to vissit us ; and shd. happen to pass
any act, in our favour, if it be but the value of a barley corn
touching their interest they will never suffer the Governr. to
be at peace untill they have obliged him to repeal such act,
or acts ; if the lyne were settled it would greatly serve this
40 COLONIAL PAPERS.
1726.
Govermt. Wee should have from all parts come and settle
with us, by which means ; we should be much more strengthned
and able to withstand the Indians in case of a new war. In
my former letters I gave your Lordships account that the
Massachusets made alians of us, so as that they impose double
dutyes for all merchandise, we send there, we also payd double
light money, as also powder money. Wee have severall times
complained of the hardship but to this day no releife. I say
nought but the truth and if occation require it can support
what I here say by good evidences. I would once more renew
my petition for the settling the lyne between us, its ye only
thing that can make this Province thrive. Togeather with a
Peace, and likewise save a great number of pine trees. Other-
wise what I wrote your Lordships 21st Jan. 1724 will soon
come to pass relateing pine trees ; wch brings me to say
what I was in hopes, I shd. have no occation to do. I think
it my duty and cant be just to my trust, when I see H.M.
intrest, as also the intrest of this Province suffer and sett still
and take no notice of it. In the beginning of ye winter seeing
no Officer appointed to take care of ye King's woods, I thot
it my duty to put up notifications, at all proper places for-
bidding any person goeing into the King's woods to cut or fell
any pine trees : untill further order, except dry trees or wind-
falls, which order in this Province was strictly observed, untill
Mr. Armstrong came to Piscataqua. I then asked him to se
his deputation, in fine I found he had no other but his old one.
I told him it was not right for that he was not turned out of
his office for any mismanagement of his office as Collector,
but for being disaffected to the present happy Constitution,
wch. I must say, that I believe he was wronged and misrepre-
sented in that, but if he was out of his Collector's place for
being so misrepresented it must certainly affect all other places
he sustained under the Crown, and therefore ought to have had
a new deputation from Mr. Burnston, but I having a letter
from Governr. Shute, also from the Serveyor Generall, that
he came wth. like power of Deputy Serveyor as before, con-
sidering everything and least any advantage should be taken
by the people and so spoyle might be made, hanging between
boath, I said to Mr. Armstrong, go on and I'le assist you all I
can, but I must represent it to the Lords for Trade etc. My Lords,
I'm sorry that I must advise that there hath been more pine
trees cut into mill loggs since ye middle of December last, then
in four years past, and the greatest part out of that spot of
fine timber, I formerly advised your Lordships off, and is what
would come into this Province ; were the lyine settled by a
wrong construction they put on the point of the compass,
from Quamphragen landing place. The lyne ought to run
north westerly, somewhat less then half a point to ye westward
of the north, it's certainly just that the lyne runs so. Now
AMERICA AND WEST INDIES. 41
1726.
the people of the other Province having a full swing on that
side in destroying the King's timber and on the other side
selling our land, that in short between boath we shall be brot.
to nothing, by a modest computation there hath not been
less than ten to fifteen thousand loggs cutt at Nechawannack,
Berwick and the Province of New Hampshire. Some trees
makes [two] loggs, some three, and some few four. I expect
this letter will make me some enemies ; I declare what I have
wrote is out of principle and what is my duty. As for Mr.
Armstrong he is a gentleman that I have a perticuler respect
for, and will do him any act of friendship in my power, but
in this must ask his pardon : if it were my brother, shd. do
the same. There is also a large ships load of masts, sixty odd
masts, yards, bowsprits, some cut in property, others in the
King's woods, and are for acct. Messrs. Baley and Haws merchts.
in London ; there is not ye King's lycence for cutting them wch.
is directly contrary to Act of Parliament. Inclosed is Mr.
James Jaffrys acct. who acted for Mr. Collector Bacon in his
life time, and some time after his death. The accts. are to
25th Dec., 1725, since wch. the Serveyor Generall of H.M.
Customs appointed Mr. Theodore Atkinson Collector in the
room of Mr. Bacon deceased. The great ship I formerly
advised your Lordships of is now loaden wth. oak timber and
near sailing for Lisbon. P.S. Inclosed is a verry exact draft
of Merrymack River, by which your Lordships will see how far
round the Massachusets Bay goes and where Pennycook comes
etc. Signed, Jno. Wentworth. Endorsed, Reed. 16th May,
Read 30th June, 1726. 3 pp. Enclosed,
95. i. Articles of Peace concluded with the Eastern Indians
by Lt. Governor Wentworth. Boston, 15th Dec.,
1725. Copy. 1J pp.
95. ii. Submission and agreement of the Eastern Indians.
Copy of No. 5. ii. Endorsed, Reed. 16th May, 1726.
[C.O. 5, 869. ff. 255-256, 258-261z;., 262u.]
[March 28] 96. Memorial by Capt. Taverner to the Council of Trade
and Plantations. Proposes himself as a proper person to
make the survey desired by the merchants of Poole (v. 7th
March). Memorialist has a suitable vessel now ready, in which
he proposes to sail to Newfoundland and erect some salmon
fisheries etc. Refers to his former surveys etc. At the former
rate of pay, the total cost for 2j years would be 2037 105. etc.
Signed, Wm. Taverner. Endorsed, Reed. 28th, Read 29th
March, 1726. 2 pp. Enclosed,
96. i. Capt. Taverner's account for charge of surveying
Newfoundland 1714 etc. 1 p. [C.O. 194, 8. //.
20-22i;.]
42
COLONIAL PAPERS.
1726.
March 30. 97. Council of Trade and Plantations to the Lords of the
Whitehall. Committee of the Privy Council. Reply to 4th March. The
salary payable to H.M. Governors of N. England, has never
been settled according to H.M. directions signified by his
Instructions to the several Governors thereof, but has been
constantly paid in such proportions as the people of New
England have judg'd he deserv'd : Wherefore, considering
that this method of paying the Governor's salary, is making
him, in a great measure, dependant upon the people ; we
would humbly propose, that the Govr. of New England should
have a salary allow'd him by H.M. to be paid at home, as
was done when Genl. Nicholson was appointed Govr. of S.
Carolina, and Collo. Phillipps, Govr. of Nova Scotia, till such
time as the people of New England can be brought to a better
temper of mind and induced to make a suitable fixed and
perpetual provision for H.M. Governors of that Province. As
to the other part of Colo. Shute's petition, praying that the
arrears of salary may be allow'd him for the time he has been
absent from his Government, and considering that it is more
than probable the people of New England will pay him no
arrears, especially as he left his Government to complain
against them ; we must likewise humbly submit it to H.M.,
what may be a proper recompence for Mr. Shute's expence and
trouble in three years attendance here, at a distance from his
family, for H.M. service and for the maintenance of His Royal
prerogative. [C.O. 5, 915. pp. 450-452.]
March 30. 98. Same to the King. Propose George Lucas for the
Whitehall. Council of Antego in place of Col. John Hamilton, deed. [C.O.
153, 14. p. 208.]
March 30. 99. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Quote Memorial from the Mayor etc. of Poole.
Continue : In our humble opinion, nothing will tend more to
the publick service than that a survey be made of the West
and North West parts of Newfoundland, as proposed by the
aforesaid Memorial. We think this the more necessary, not
only as it will greatly increase the cod fishery, but as it will
be a means of incouraging and establishing the salmon fishery,
which has of late years been begun there, and which we find
does daily increase. Her late Majesty did grant a Commission
to Capt. Taverner, 21st July, 1713 etc. Refer to his surveys of
about 130 leagues and reports " which are very distinct and
have been of great use." Continue : We have received several
memorials from the merchants of London, and the outports
in favour of him, and of his capacity of performing the said
survey. He is now going thither, with a small sloop of his
own, of about 50 tons, to erect a salmon fishery there etc.
Recommend that he may be directed to complete said survey.
AMERICA AND WEST INDIES.
43
1726.
Annex proposals made by him, as conditions on which he is
willing to undertake it, and an account of what the late survey
of part of the island cost the Crown, that your Grace may be
better able to judge how far his present proposals may be
reasonable. [C.O. 195, 7. pp. 143-147.]
[March 30] 100. Mr. Gee to Council of Trade and Plantations. In
reply to queries of 3rd March, thinks that private merchants
always outdo companies in management. Nothing but compe-
tition and liberty in trade could render commerce beneficial
to the State, and all monopolies are inconceivably burthensome
and pernicious to it etc. Without date or signature. Endorsed,
Reed. 30th, Read 31st March, 1726. 2J pp. [C.O. 388, 25.
S. 46.]
March [ ] 101. Mr. Shelton to Lord Trevor, Lord Privy Seal. Enters
caveat that no grant may pass for any office, employment or
lands until notice be first given to him as secretary to the Lords
Proprietors of Carolina. Signed, R. Shelton. [C.O. 5, 290.
p. 177.]
April 1. 102. Robert Mann to Mr. Popple. Recommends his brother
Edward, who has lived long in the West Indies and is now
Receiver of the 4 J p.c. duty, for the Council of St. Christophers.
Signed, Rob. Mann. Endorsed, Reed., Read 5th April, 1726.
Addressed. 1 p. [C.O. 152, 15. ff. 244u.-245t;.]
April 2.
Whitehall.
103. Duke of Newcastle to the Council of Trade and
Plantations. Encloses following for their compliance with
what is desired etc. Signed, Holies Newcastle. Endorsed,
Reed. -- , Read 13th April, 1726. f p. Enclosed,
103. i. Address of the House of Commons to the King,
desiring that reports by the Board of Trade relating
to the sale or value of the late French lands in St.
Christophers may be laid before the House. 29th
March, 1726. J p. [C.O. 152, 15. ff. 246, 247,
[April 5.] 104. Memorandum of the establishment of the two Inde-
pendent Companies at Jamaica. 3,653 105. per annum.
Endorsed, Reed, (from Mr. Stevenson) 5th April, Read 7th
Sept., 1726. p. [C.O. 137, 16. ff. 268, 269u.]
April 5. 105. Certificate that Dep. Governor Gordon has given
H.M. the security required. Signed, Benja. Marriott. Endorsed,
booms?* Recd - 5th ' Read 6th A P rii i726 - * p- [ c '- 5 > i266 - ff-
Office. b 204, 2Q50J
44 COLONIAL PAPERS.
1726. "
April 6. 106. H.M. Warrant to the Attorney or Solicitor General
St. James's. to p re p are a ^ju appointing John Cornelius to his place of
Clerk of the Naval Office, Barbados, without the former clause
obliging him to residence there. Countersigned, Holies New-
castle. [C.O. 324, 35. pp. 165, 166.]
[April 11.] 107. Governor the Duke of Portland to the Council of
Trade and Plantations. Having in my former letters etc.
given your Lordships so full an account of the difficulties and
discouragements I then lay under, and of the jealousies, dis-
contents, and oppositions, I had to struggle with, it will be
the less surprising to find by the account I am now to give,
how impossible it has been for me to obtain a compliance with
H.M. last Instruction. There was some hope when I writ in
January last, that upon what I had then recommended, the
Assembly would recede from their then demand of the per-
petuity bill, a good many of their Members, whatsoever their
behaviour might be within doors, yet without doors expres't
a good deal of readiness to comply for one year further with an
annual provission. The assurances in their address to me of
15th Jan., that they would keep at the utmost distance whatso-
ever might be supposed to put me under any painfull difficultie,
could not be understood in any other sense, and had there
been any sincerity in those assurances, or had I had any
influences in my power to hold them to their duties, their
promises must have produced the desir'd effect. Your Lord-
ships will see by my answer to that Address, that there was
nothing wanting in me to put them in mind of, and presse
them to conforme to H.M. sentiments ; but as they had then
already read their perpetuity bill twice, so whilst I was (vainly
as it proved) expecting a Quorum of Council to consult about
what was proper to be done, the Assembly in a hurry, as if it
were to put a barr in the way of any thing that might be
proposed, read the perpetuity bill a third time, and in return
to what I had said to them in my answer to their Address,
resolved upon an Address of thanks, intending therein to give
the reasons which had induced them to proceed in the manner
they had done. I expected that if they had gone about that
task of finding good reasons, it would prove so difficult a matter
for them, or to assigne any tolerable ones why they might not,
or indeed ought not to rely upon H.M. gracious disposition and
in duty to him have fallen into another annual provision, as
would have made them ashamed of their non-compliance, or
at least, in case they had offer'd to give any upon that question,
that it would have been so easy a matter to expose the fallacy,
idleness, or undutyfulness of it, as might have influenced the
disintrested among them, to fall into more respectfull measures,
if not in that Session at least in another. But upon the meeting
of a Quorum of the Council, which I must observe was then
AMERICA AND WEST INDIES. 45
1726.
too long delay'd, they so readily approv'd and assented to pass
that bill, as could not but confirm the Assembly's opinion of
their haveing done mighty well in preferring the perpetuity
bill to an annual one, which made the Gentlemen of the
Assembly think an Address of thanks or any reasons in their
justification needless, altho' resolved before. And as if they
intended to cramm their bill down my throat in opposition to
H.M., and in a manner as if they had a mind to declare warr
with me, your Lordships, and the whole Ministry ; they of
their own single authority took upon them to nominate and
constitute an Agent, not only providing a salary for him, but
ordering the payment of all charges he should be at in sollicite-
ing such affairs in England, as by a Comittee of theirs should
be recommended to him, and a motion being thereupon made
for addressing the Lords, and Commons of Great Britain, with
a remonstrance of their grievances by the want of laws, and
by the rejecting those they had passed, it was not without
some difficulty that the debate thereof was adjourn'd. The
extravagance of these proceedings will best appear by their
own Minutes, particularly those of 28th Jan. etc. Upon my
consulting with the Council on this conjuncture, and particu-
larly in relation to the perpetuity bill, and laying before them
H.M. Instructions, they then concurr'd almost as readily in
advising me to reject the bill as they had been hasty before in
passing it, and upon the whole it was thought fit to put an
end to that Session, and to prorogue them to the first of
February, in hopes that this refusal of their bill, together with
the clamours of such as really suffer'd by the want of laws,
might better incline them to fall into such a method as would
be consistent with the instructions I had received. This my
Lords is what pass'd in the Session when my last letters were
writ, except two bills for the publick service, and security of
the Island, viz. one for the relief of the inhabitants of Port
Royal, and another for the encourageing of parties. When
they met again on 1st. Feb., after I had recommended to them
what was proper, wherein I had carefully avoided saying
anything that might enflame them, they immediately fell into
the same resolutions in respect to their Agent, etc. They
appointed a Comittee also to consider all their past procedings,
and the state of the Island, in relation to the laws, and support
of the Government, the view and intent of which enquiry, as
I had reason to believe, was in order to frame some remon-
strance, if not libell, or invective, against the Government,
both here, and at Home, more especially against Instructions.
They for this purpose desired a recess which they meant should
be by adjournment, that their Comittee might have the more
leisure to colour a complaint, but as their message only express'd
a recess, I gave it them by a prorogation for a fortnight, which
for that time prevented the expression of their fury etc. It
46 COLONIAL PAPERS.
1726.
was not out of any confidence in my ability, as if I could by
any words or actions of mine reforme them, that made me
continue this Assembly and not try another, that expedient
was thought of, and very well considered, but besides the
little likelyhood there was of getting a better in their stead,
and the certainty there was that the greatest part of the new
ones to be chosen, if not the very same men, yet would come
under the very same influences, and those aggravated by the
heat usual upon dissolutions, and besides the doubts that
would arise about the legality of such an Assembly, of which
some intimation is given in H.M. Instruction of 30th July,
1724, it seemed so hazardous a thing to call the lower sort of
people together in the manner usual at Elections, whilst there
were no laws in being to curb or restrain the heats and insolencies
that generally may, and at this time might with so much more
reason have been apprehended from such meetings, as could
promise no good event, and might be attended with such a
one as no body could undertake to answer for. The civil
Magistrates who generally are remiss enough in their duties,
have (at least a good many of them) since the expiration of the
laws, been scrupulous of exerting their authorities even in
common breaches of the Peace. The Militia Act being expired
no man deemed himself compellable to serve by that Act,
and some had already begun to refuse all manner of duty.
As to the Independant Companies, they for want of their pay,
were upon the very point of mutiny, tho' I had, to prevent it,
supported them constantly as usual out of my own pocket,
but as they suspected I ought to indemnifie myself out of their
English pay, that method was not satisfactory. I was compel'd
not only to draw very considerably out of my own estate at
Home, but even met with very great difficulties in that, thro'
the extream scarcity of money that circulated here, and the
general unwillingness of people under those circumstances to
part w r ith ready money on any terms, as not knowing what
event the times might produce ; so that as the soldiers could
not but think their pay uncertain, the dependance to be had
on their assistance to the Government was equally doubtfull.
Nor indeed is their number or strength at best sufficient for the
Government to depend upon, in case any general or considerable
disturbance should happen. Much less then could I expect
to support authority in any such case, when destitute of all
assistance civil and military. Not to mention the destitute
extremities I was drove to, with respect to myself and family,
by having been under a necessity out of my private purse to
supply the more pressing exigencies of the Government, which
then I found were grown so many, and so big, as made it
impracticable for me to continue any longer. In such a
scituation of affairs, as I believe your Lordships will judge it
would have been very imprudent to have dissolved the Assembly,
AMERICA AND WEST INDIES. 47
1726.
so I could not see what better could be done than to give them
by such short prorogations so many opportunities of reflecting
upon, and considering the common distresses of the country,
and what their duty to H.M. requir'd them to do in such a
conjuncture. It was the season of the year that traders and
the London ships most resort hither with their cargo's. Great
quantities of all kinds of merchandizes had since the expiration
of the laws been imported, and sold and no means open to
compel payment, so that not only the resident traders here,
but the merchants at home, were in hazard of looseing to a
very great value, and the Island its self of sinking into the
utmost discredit, besides the loss to H.M. revenue. A good
many people seemed to be so affected with these considerations,
that I could not but hope the Assembly themselves in time
might be so affected as to depart from their former obstinacie.
Or that possibly some advices might come from home to direct
me more fully what to do in so criticall a time as this. Which
last hope seemed, by the necessitie of H.M. stay abroad, to
be very distant. As your Lordships must be sensible, there
are no means of compelling these peoples behaviour, either
by the awe of any force in my power to threaten them with,
or to influence their hopes, or fears, by anything I could either
give, or take away from any of them, and that there was nothing
left for me but to endeavour, by representing to them their
duty, and common interests, to persuade them to a better
temper, so I hope your Lordships will be satisfied there hath
been nothing wanting in me, that I could say, or urge, to bring
them to such a temper as might have deserved H.M. appro-
bation. Upon their meeting again on the 15th of February,
which was their last meeting, it was believed, that what I then
said to them, together with the real pressures and uneasinesses
of the people, would have made some impression upon them.
They on that day forebore any thing indecent, resolved upon
an Address of thanks to my speech, and that they would take
it into consideration on the 17th. But as they, on the very
next day, vizt. the 16th, in a manner very unparliamentary,
scarcely to be believed or accounted for, in contradiction to
that resolution of the 15th prejudged, and prevented, all good
effects that might have arisen from the intended consideration
of the Speech, by resolving upon, and bringing in a perpetuity
bill again, it may behove me, however disagreeable a task it
is, to give the best account *I can of the views, dispositions,
and motives that inclined them to such a procedure. There
is a considerable part of that body, who being influenced by
the people I have formerly complain'd of, and exalted by the
successes of their friends by applications at Home, are resolved
against any measures whatsoever that may tend to the ease
of my Government ; they had been the chief sticklers for the
repeal of the additionall revenue bill (I transmitted to your
48 COLONIAL PAPERS.
1726.
Lordships) by a tack in a former session, looking upon to be
what they think too considerable an advantage to the Govern-
ment (and in my opinion it would be imprudent at any rate
to give it up till a perpetual revenue be settled) but as they
found the attempting that again, wherein they had faiPd,
would not satisfie the Publick, so they thought nothing could
more effectually delude and engage the people (hopeing they
would not be found out, or that my instructions would stand
in the way) than to resolve and insist never 'to give into a
practice of being yearly tennants for their rights, and privi-
ledges, but rather venture to sink, than to depart from any
attempt to have them perpetual, not doubting but by this
to confound matters, so as to make every thing desperate for
me here. There are others also, of different views and interests,
who being above any expectations from the Government here,
and finding their accompt better in gratifying and deluding
the populace with the specious notions of rights, liberties and
priviledges, do affect, and have, among different parties of
the People, obtained a sort of tribunitial authority which is
dearer and of more accompt to them, than any sense of duty
whatsoever. These sort of people lead the bulk of the rest,
and they have inculcated the strongest prejudices, and jealousies
against Instructions in general, where the least restriction
appears, as if intended by degrees to introduce precedents, by
which they may in time be deprived of all rights or liberties,
and of these there was none that did not apprehend his interest
and character of a patriot among the People would be ruined,
should he propose such an annual provision as might be con-
sistent with H.M. instructions. There is still another sort (I
will not say how many) among each of the former, whose
circumstances (as there is too much reason to believe) satt
easier upon them without the exercise of Law, than under it ;
and it will not be incredible that some of those should preferr
their own ease to the virtue of obedience, or of a just regard
to H.M. or their Country. Out of all these as I have been
credibly inform'd, a kind of Association or Con-juration was
form'd, not to depart from the perpetuity bill, or not to pass
an annual bill, without a repeal of the additional revenue bill,
by which as I have said some flatter'd themselves, to have
found out a sure way to see nothing but confusion during my
Government, and others not to be press'd for their just debts.
So that whatever influence the distresses of the Country, or
a just sense of their duty, might really have upon disengaged
free men, it seems their own engagements, their own private
views, or circumstances, or their characters as patriots, prevail'd
upon the majority to come to such a resolution, on the day
before they should have considered my Speech, as made the
consideration of it needless and insignificant. After they
had pass'd the perpetuity bill, and the Council also had
AMERICA AND WEST INDIES. 49
1726.
done the like, whereby the difficultie was for a second time
thrown wholly upon myself, the Assembly presented me a
long Address in favour of their bill, containing such extra-
ordinary claims of right, and such uncommon kinds of reasoning
or sophistry, as could hardly be calculated for any other purpose
than to delude and captivate the meanest capacities. As it
is not easy to give your Lordships a just notion of it in few
words, I must also referr your Lordships to the inclosed copy,
it was hard to judge what answer to give it, and scarcely prudent
at that time to give it such a one as it deserved. I do assure
your Lordships that I never have undergone more trouble and
anxietie of mind, nor been so perplexed as in this juncture,
and never at a greater loss to judge what my duty to H.M.,
and my own honour requir'd of me to resolve upon ; whether
I should transgress H.M. instructions more by assenting to,
than by rejecting this bill, in such a scituation of affairs, was
a question too nice, and too hard for me to determine with any
satisfaction in my own mind, and it still gives me that perplexity
that nothing but H.M. sentiments can free me from. As on
the one hand H.M. last Instruction, giveing me leave to pass
an annual bill, agreeable with what I had before received,
implied a prohibition to the passing of any perpetuity bill,
on any account whatsoever ; and as the assenting to a bill of
that nature, pressed upon me with such a contrariety, as well
to H.M. instructions, as my own recommendations, might give
too much encouragement to an obstinate People to slight,
and trample upon the Government, so on the other the honour
and dignity of H.M. Government, and the welfare of his subjects,
not only here, but of many such at home who trade hither, and
of those people perhaps more than the other, were at the utmost
crisis. For as at this time most of the imports of the year,
were already brought in, and the returns home expected, and
that when the laws were open all traders hither have found it
difficult enough to gett in their demands in any reasonable
time, the inconveniences, difficulties, and prodigious losses
they might have suffered, and have given a foundation for
great clamour at home, loudly call'd for some immediate remedy
and assistance ; besides the Government here, in effect was
destitute of all manner of power or support, the Treasury
without one penny, nor in a way to get in any, the soldiers in
actual mutiny, the People enflamed with discontents and
jealousies (as too rashly and fully express'd in the Assemblies
Address) and the condition of the Island, in case of any warr,
or invasion, or of subduing the intestine rebellion of the slaves,
defenceless. Altho' all these evils, had they happen'd might
with justice be attributed to the obstinacie, and unreasonable
tempers of the representative body of the Island, and could
not with justice be imputed to H.M., yet if any considerable
Joss or calamitie had happen'd, much more the endangering
C.P. XXXV 4
50 COLONIAL PAPERS.
1726.
the Island, I must confess it was very doubtfull to me, whether
any thing contained in H.M. Instructions could have justified
my carrying things to such an extremitie, and to deny them
any longer the administration of Justice, according to the
Municipal laws of the place ; it being judged impracticable
(or what at least would for a long time be ineffectual) to
administer or introduce it according to the rules of the Common
Law of England. I found the situation of affairs too perplex'd,
too weighty and of too great consequence, to trust to my own
opinion and judgment how to proceed at this time, and your
Lordships will observe, if you are pleased to look in the Minutes
of the Council books, how little assistance I had received, or
had reason to expect from those Gentlemen. It is surprising
in what manner they have avoided attending, or giving any
opinion since the expiration of the laws, which has been near
half a year ; they took care tho' often press'd by me, to avoid
making up a Quorum under several pretences, and even at
such times when the Assembly was sitting, neglected attending,
so as not only to put me under several difficulties, but also to
put such a stop to business, so publickly as to be taken notice
of by the Assembly ; in short, their behaviour has been inex-
cusable, and intolerable. I only take notice of what do's
appear in the minutes of the Council and Assembly, and in the
journals, without any further observations etc. It is to be
observed that on the 13th Sept., the day the Assembly was to
meet, and also the same on llth Jan. following, I was obliged,
as to the first, to avoid opening the Sessions for that day, for
want of a Quorum of Council, and on the last to lett the Assembly
proceed to business without a Quorum ; and whatever days
appear in the books to be pass't over, has been for want of a
sufficient number of Councellors to meet, and often (when just
a number) broke up so hastily, as that no body could
almost catch them sitting, so that the attendance there
has been, or business done, as a Council in their legislative
capacity, has been by repeated importunities of mine, or the
constant care I have been obliged to take. And as to a Council
of State, nothing had been done, if I had not watch'd all
opportunities, and extorted from them to consider of affairs,
so as to enable them to give some assistance or advice. I am
sorry to say that there has been so few meetings of that kind,
hardly any at all, but in the disposition they were in, impossible
to be rectified. I must (to do everybody justice, particularly
after what I have mentioned in my last) take notice, that Capt.
Gregory ever since his return, has been the most diligent of all
the Councellors, and that as far as yet appears, he is not come
back the same man he was when he left this place. England
has work'd a strange alteration, or reformation in him ; the
question is, and not easily answer'd, whether it will hold. As
to the others I mentioned also then, they continue in the old
AMERICA AND WEST INDIES. 51
1726.
way, particularly Mr. Laws who constantly do's all the harm
he can, and is the contriver of opposition and confusion, and
then is the first, and most active, to raile at it, in order to
raise insuperable difficulties, as do's plainly appear by the
singularity of his proceeding in Council, where he declar'd,
that at any rate whatsoever (let the emergencies, the conse-
quences be never so great, desperate, or destructive, without
any regard to H.M. character or disposition) that Instructions
ought litterally to be observed, when at the same time it is
well known how active he had been to work up such a temper
against complying with Instructions, (particularly such as they
represent to infringe upon their rights and liberties) such a
one I must say, as would surprise and astonish any man of
common reason, or understanding ; and when he found he had
succeeded in that, then he thought it would be easie for him,
in support of Instructions, to finish his premeditated scheme,
and left nothing untry'd to bring matters beyond all possibility
of redress ; if his beginning had been answerable to his con-
clusion, then his behaviour would have deserved commendation,
but as they differ'd so prodigiously, his intentions were so visible,
that his best friends durst not appear with him, which made
others suspect as if there might still be further matters of
trouble in agitation, as yet undiscover'd ; and the grounds
for believeing this, was the uneasiness they could not help
expressing upon the Prorogation, concerning the bills they
had sent up, wishing amongst themselves they had them again,
that they might have an opportunity to season them in a
quite different manner. This My Lords in some measure
deserves your attention to support what I may further say
concerning this subject. As matters stood it would have been
the greatest imprudence in me to have acted by myself, and
taken upon me to be answerable alone, for all the evils one
might easily expect and foresee, under these circumstances,
with a furious Assembly, a distracted People, and an indolent,
discontented, and divided Council. However My Lords I
had none to advise with nor would it have been proper to have
consulted any others than the Council, their opinions, in cases
of the greatest difficulties, will be my best justification, and
sure none could ever happen to be attended with more than
this, when I may venture to affirm, the fate of this Island was
at stake, and the interest of so many of H.M. subjects depended
upon what was then to be determin'd, particularly when the
Assembly had resolved not to pass, or to send any money bills
till they knew the fate of their perpetuity bill then before me ;
so that with difficult ie (having peremptorily summon'd all
the absent Councellors to attend) I got a Quorum, and what
then pass'd will fully and at large appear by what I send over,
wherein your Lordships will find their unanimous, positive
opinion was, (except Mr. Law's) that nothing could be done,
52 COLONIAL PAPERS.
1726.
but to give my assent to the perpetuity bill, and to set
forth their reasons for such a positive advice in an humble
Address to H.M. All which papers, to avoid giving your
Lordships more trouble in this than is necessary, I must desire
in a particular manner to referr your Lordships to ; which
will show that nothing but the desperate circumstances, every-
thing, in all respects here, seem'd to be in, which if continued
any longer, would certainly have been attended with incurable
confusion and distraction, besides several other hazards too
long to be repeated, or enumerated, could have prevaiFd with
me to countenance what appeared to be against H.M. Instruc-
tions, so far as to give my assent to this perpetuity bill. Some
doubt might be, and was made, whether in strictness this case
came within the meaning of the repeated Instructions, because,
they were upon a supposition that there was laws in being.
But as now there was none, nor the least possibility to expect
a renewal for a year, whether it was not to be constru'd as an
extraordinary case, not comprehended or within the view of
any particular instructions, but left by a general instruction
to what should be judged proper to be consulted, and determin'd
upon in Council. Whereby present difficulties might be
removed, dangers prevented, H.M. Government taken care of,
and yet left to H.M. determination. I have some satisfaction
in this affair, that besides having neglected nothing in my
power to procure a litteral conformity to H.M. Instructions,
however by all imaginable care the bill seems to be consistent
with H.M. intentions, for which the first promoters of opposition
cant claim the least, or any thanks. It is free now, to their
mortification, from the objections the former, as I could be
informed of, was lyable to, there being nothing in this, which
in the opinion of the Attorney and Sollicitor General of England,
or indeed in any body's here, can give them the least colour
of title to any law of England they had not before, it only
intitules them to their own Municipal laws, and the words,
which enact such laws as have been introduced and used, can
mean no more then a permission to continue their former course
of proceeding with respect to the administration of Justice.
The reasons of its passing so, may be attributed to the
endeavours of those who were in reality fond of the bill, and
desir'ous to make it as acceptable as they could to H.M., and
to the hopes and persuasions of others, of the necessity I was
under of rejecting any perpetuity bill, however unexceptionable
it might be made, which made them less attentive to the bill,
or to the adding any thing in it concerning their darling rights
or priviledges. And I verily believe, that had it been rejected,
or should it meet with any disaprobation at Home, it will be
next to an impossibility to bring them into any other so good
and unexceptionable. As plainly did appear by many of their
countenances, which rather bespoke a disappointment than
AMERICA AND WEST INDIES. 53
1726.
any satisfaction, upon giving my assent to the bill. This
agrees with what I have before desir'd your Lordships attention
upon. The revenue given by it, is by experience found to
exceed the estimate of the charges considerably, so that as it
provides amply for the occasions of the Government, and that
by my Instructions it seems to have been, what was intended
particular care should be taken of; and at the same time
enacts nothing in their favour, more than what they were
indisputably entitled to before, so it was a question with me,
and I did apprehend that the loss of such a bill might be
imputed to me as a great indiscretion, and I cannot but hope
that what I have done in passing it, will not only be excuseable,
but may upon full consideration prove acceptable. As they,
by their address, acknowledge H.M. power of rejecting the
Bill, and do desire my passing it upon that motive, and also
give some kind of assurances as if they would, in case H.M.
should think it defective, supply the same hereafter, I do hope
it will be some inducement in favour of the bill. But if it
should be thought proper to reject this perpetuity bill, or
instead of it any thing should be expected either in relation
to the sending of their bills home as draughts, or the incertion
of any clause to suspend their taking effect till the signification
of H.M. pleasure, or any other scheme repugnant to the
dispositions of this People, (which your Lordships are pretty
well acquainted with) I beg it may at the same time be well
considered how unable the Government here is, either to
compell or engage. How little influence, or dependance a
Governor can have, on the behaviour, or respects of a people
whose humour, and interests, are more likely to be gratified
by opposition, and popular applications, than by a due obedience
to Government ; and who imagine themselves more likely
to obtain favour at home, by the former, than the latter ; and
in a word, whether it is likely that any such purposes as are
aforementioned can be obtained, without putting them under
some sufficient awe and force ; without it, and H.M. full
instructions, and powers, how and what Courts of Justice to
erect, so as that H.M. hereditary and additional revenue may
be collected towards the support of the Government, under
such an exigence, it is not well possible to say how, or to expect
it should be done. Your Lordships will see, by the necessary
bills I now transmitt, what a general stand there was in all
manner of business, and transactions, thro'out the whole
Island, and will easily guess, at the confusion and distraction
that must naturally attend such a general suspention. They
have also pass'd another bill for my additionall salary, to
have continuance during my Government here, and so far
agreeable to my instructions on that head, but instead of a
clause, not to have it take effect till H.M. pleasure was known,
which by no means was to be obtain'd, they have incerted one
54 COLONIAL PAPERS.
1726.
which they say will answer the same purpose, that is, that it
shall not be in force untill H.M. be pleased to signifie His assent
to the perpetuity bill. I wish it could have been otherwise,
but it was impracticable. Upon the whole every thing now
again appears to be in a state of tranquility, all matters go on
in their old channell, the generality of all those in the Island
satisfied, the Government now amply supplied, supported, and
provided for, without the least concession of anything new
to the People, or of what they would not have been certainly
intitul'd to for a year, the very day an annual bill had pass'd ;
besides, this has so disapointed the opposers to the Government,
that it gives me some momentary ease and pleasure, tho' it
can't anyways be lasting, till I am informed how my behaviour
will be approved of at home, and by H.M. ; but give me leave
to say, that having the advice of the Council, I could not in
oposition to it, with any prudence, according to my judgement
(with these People, and under all the circumstances I have
represented) have push'd things further, or have done more,
and with sufficient reason may add, that were it to be under-
taken again one might probably meet with a much worse
success. There is yet another matter which I think it incumbent
on me to mention, and desire your Lordships sentiments of,
and that is in relation to the Dutch, French, and other ships,
which of late come here more frequently than formerly ; and
that is represented, as I understand, as owing to some extra-
ordinary countenance, or encouragement given to their coming.
As the coming of so many of them here of late is manifestly
occasioned by the greater strictness of the Spaniards than
has heretofore been usual, in keeping them off of their
coasts, by which means some of them, disabled by engage-
ments with the Spanish cruisers, and others for the want
of wood, water, or other necessaries, have been obliged to
resort hither for supplying their wants ; and as it seems
inconsistent with H.M. treaties, and the Law of Nations,
to deny them that access or relief their necessities require ;
so I think the caution used in this respect, has on my part,
been as great as was in my power to make use of. Not only,
by absolutely refusing to have any manner of dealing with
'em my self, but as I never gave the least liberty to any of them
but by warrant to the proper officers, requiring their especial
care to prevent any unlawfull commerce whatsoever, nor
allowed any of them a liberty of selling any goods whatsoever,
otherwise than by the Naval Officer, or to any greater value
than he should see necessary, to pay for what they realy wanted,
which liberty very few of them have had, or even desired, they
being mostly provided with ready money. And when the
frequencie of their access gave room to suspect their necessities
might be only pretended, I required of them (and that before
the late Act for preventing clandestine trade, which was pass'd
AMERICA AND WEST INDIES.
55
1726.
April 11
Jamaica,
Spanish
Town.
by my encouragement, and which I now transmitt) not only
to make oath of the truth of the necessitie alledged, and of their
having no intention to trade, but also that they neither would
sell, or permit any part of their ladings to be sold, contracted
for, or deliver 'd, to any of the inhabitants of this Island. This
I hope will free me from any misrepresentation concerning this
matter. I should have thought it needless to trouble your
Lordships with any thing upon this head in vindication of my
self, had I not some reason to believe, that not only all my
care has proved insufficient to prevent the running of some
such goods, at outward bays or creeks, where no Officers are
to prevent it, but that some of those who are most forward
in the clamour, and misrepresentation of this matter, or most
zealous in promoting it, are the chief, if not the only, aggressors,
thereby at once gratifying their own avarice, and their hopes
of makeing my Government uneasy. If your Lordships can
think of any method more proper to be taken, than has already
been, for preventing such injuries for the future, your adviseing
of it will be very acceptable etc. Signed, Portland. Endorsed,
Reed. 21st, Read 26th July, 1726. 18 large pp. Without date,
but see 1st June. A duplicate received on 10th Aug, sent to
the Council Office, was dated llth April. Enclosed,
107. i. H.E.'s Speech to the Council and Assembly, llth
Jan., Address of the Assembly in reply, and H.E.'s
Answer, 18th Jan., 1726. 4 pp.
107. ii. H.E.'s Speech to the Council and Assembly, on
proroguing the Assembly, 29th Jan., and opening the
Sessions 1st Feb., with their request for a recess and
H.E.'s reply, 2nd Feb., 1726. 3 pp.
107. iii. H.E.'s Speech to the Council and Assembly, 15th
Feb., with Address of the Assembly in reply, 25th
Feb., with H.E.'s reply. 8J pp.
107. iv. Address of the Council of Jamaica to the King.
8th March, 1725(6). Excuse themselves for having
been obliged to depart from H.M. Instructions and
to pass the perpetual revenue bill upon which the
Assembly insisted. 1 p.
107. v. H.E.'s Speech to the Assembly, at their prorogation,
9th March. 1 p. Nos. i-v. endorsed, Reed. 21st
July, 1726. [C.O. 137, 16. ff. 223-231i>., 232i;.-
241*;., 244z;.]
108. Governor the Duke of Portland to the Duke of New-
castle. Repeats preceding covering letter. Signed, Portland.
19 pp. Enclosed,
108. i-vi. Duplicates of Encl. i-v preceding. [C.O. 137,
52. ff. 220-229, 230-239, 244i;., 245 ; and (duplicate
of covering letter) 264-271.]
56
COLONIAL PAPERS.
April 13.
April 14.
Barbados.
1726.
[April 11.] 109. Extracts from Minutes of Council and Assembly of
Jamaica, Jan. 12th 8th March, 1726, of proceedings referred
to in preceding letter. Endorsed, Reed, (from Mr. Stevenson),
Read 27th July, 1726. 17 pp. [C.O. 137, 16. ff. 245-253,
254z;.]
110. William Willys to [Mr. Delafaye]. I had the honr.
lately to mention to you, that Generall Sibourg, understanding
that the merchants trading to Nevis, were desirous that the
Lt. Governor should constantly reside in the iland, had beg'd
the favr. of you to intercede with His Grace the Duke of New-
castle that Captain William Strang might be nominated to
succeed him, who will be recommended by my Lord Scarbrough
etc. Will obtain a petition of the merchants, if necessary.
Signed, Wm. Willys. 1 p. [C.O. 184, 1. No. 35.]
111. Governor Worsley to the Duke of Newcastle. This
is the first oppertunity that has offered of writing to your
Grace by a London ship, since I received the honour of your
Grace's letter of 24th Oct., in relation to Mr. Wood's patent
for coining of half pence, pence, and two pences. Mr. Young,
who brought me the letter, told me, he knew nothing in relation
to it ; I hear there are two, if not more persons, who have
bought a quantity of this coin, one of them who had sent a
deputation of Mr. Wood's, to Mr. Wadeson the Deputy Post-
master here, for the value of about 400 sterling, proposed to
the said Deputy, that he should put them off at pences, two
pences and three pences, at which rate, Mr. Wadeson tells
me, he could not put them off ; but tells me, at farthings, half
pence and pence, he believes they will readily go. Your Grace
may be assured that I, as well as all others of H.M. Officers
here, who it may concern, will be aiding and assisting Mr.
Wood, or his agents, in the due execution of Mr. Wood's patent,
and in the legal exercise of the several powers and enjoyment
of the priveledges and advantages thereby granted to him.
Signed, Hen. Worsley. Endorsed, R. June 27. 2 pp. [C.O.
28, 44. No. 100]. *
112. Council of Trade and Plantations to the King. In
pursuance of Order in Council, llth March, enclose draught
of Instructions for Springet and Hannah Penn relating to Acts
of Trade, " to the like effect as has been given to all other
Proprietors " etc. Annexed,
112. i. Instructions referred to in preceding. [C.O. 5, 1293.
pp. 362-397.]
April 18. 113. Order of King in Council. Approving the appointment
St. Jamos's. of Major Gordon as Deputy Governor of Pennsylvania without
limitation of time, and of the three lower counties during only
April 15.
Whitehall.
AMERICA AND WEST INDIES.
1726.
April 18.
St. James's.
April 18.
St. James's.
April 18.
St. James's.
April 18.
St. Jamas's.
April 20.
Whitehall.
April 20'.
Virga.
H.M. will and pleasure, the conditions required, llth March,
having been fulfilled. Signed, Robert Hales. Endorsed, Reed.
25th May, Read 7th June, 1726. 1| pp. [C.O. 5, 1266. ff.
211, 211z;., 2120.]
114. Order of King in Council. Approving Instructions
relating to Acts of Trade and Navigation, for Springett and
Hannah Penn, Proprietors of Pennsylvania, etc. Signed and
endorsed as preceding. 1 p. [C.O. 5, 12661. ff. 213, 214u.]
115. Order of King in Council. Approving Representation
of 30th March, and appointing George Lucas Councillor of
Antegoa etc. Signed, Robert Hales. Endorsed, Reed. 25th
May, Read 7th June, 1726. I p. [C.O. 152, 15. ff. 252, 253v.]
116. Two Orders of King in Council. Continuing Jeremiah
Brown in possession of his plantation in the late French part
of St. Kitts etc. (y. 3rd March, 1725). Governor Hart to be
instructed accordingly. Set out, A. P. C. III. No. 78. Signed
and endorsed as preceding. The whole, 3j pp. [C.O. 152, 15.
ff. 254-256, 257u.]
117. Order of King in Council. Approving Representation
of 17th March, and appointing Archibald Kennedy to the
Council of New York. Signed and endorsed as preceding.
1 p. [C.O. 5, 1054. ff. 8, 9v.]
118. Mr. Popple to Mr. Scrope. Encloses draft of Revenue
bill for Jamaica with Representation (4th May) for observations
or amendments by the Lords Commrs. of the Treasury. [C.O.
138, 17. pp. 59, 60.]
119. Lt. Governor Drysdale to the Council of Trade and
Plantations. Has had no commands from the Board since
his last of Nov. 17. Reserves his narrative of affairs till after
the next session of Assembly to be held 12th May. Encloses
for the consideration of the Board the case between the King
and the Proprietors of the Northern Neck, touching certain
fines and forfeitures claimed by them within that territory,
as granted them by enclosed letters patents. Continues :
This dispute was begun in my predecessor's time, and left
undetermined : and tho' some attempts have been made since
to end the controversy by the decision of the Genii. Court, yet
as the learning and construction of the King's grants, is a new
and untrodden path to the judges in these parts of the world,
I am the rather desirous to have the opinion of those who are
more conversant in the law ; which may either serve to end
the dispute without further suit, or to direct the judgement,
in case there bee a necessity to bring this matter to a try all.
58 COLONIAL PAPERS.
1726
I doubt not your Ldspps. will judge this a matter of that conse-
quence to the King's service, that you will require a very full
and particular opinion of those Councell that are employ'd in
itt ; and I must also add that it is very necessary that such
opinion bee transmitted hither as soon as may bee, because
there are many fines and forfeitures which have arisen in that
tract for some years past yet remaining unpaid, and must
continue so untill it be determined to whom they belong.
There is one point more depending on this controversy, wherein
I begg your Ldspps'. assistance in the resolving itt, that is,
how far the Govr. of Virga. may excercise the autority given
him by H.M. in pardoning offences and remitting of forfeitures
arising in that Northern Neck : For as it would be hard to
suppose the inhabitants of that tract, to bee excluded from
an equall share of H.M. mercy with the rest of the Colony,
it will be no less disagreeable to the people there, to find them-
selves under the hard circumstance of being sure to suffer the
penalties of the law, from persons who farm the profitts of that
tract : and they paying annually large sums, have noe inclina-
tions to forgive or grant any favour, whatever circumstances
either of compassion or meritt may appear in their case etc.
Asks for speedy directions relating to the lands in Brunswick
and Spotsilvania, " because, while matters continue in
suspence, the settlemt. of the frontiers goes on but slowly,
and the King loses his rents of very large tracts already granted."
Refers to enclosed account of revenue (No. i), " that your
Ldspps. may observe the sufficiency of that fund, notwith-
standing the small crop of tobacco last year." Concludes :
I hope that summe will be largely increased by this years
export, and the promising prospect of the present cropp, which
has hitherto been favoured with ye finest season that could
have been wished. Tho' I am accused of fallaciousness att
your Ldspps. board, I protest there is no fallacy in what I am
now going to report ; which is that the Colony of Virga. is at
present in a very flourishing condition, and a generall harmony
reigns in all parts of the Goverment etc. Signed, Hugh Drysdale.
Endorsed, Reed. 27th, Read 28th June, 1726. Holograph.
6 pp. Enclosed,
119. i. Account of H.M. revenue of 2s. p. hhd. 25th April
25th Oct., 1725. To tals : Receipts, (including
3167 17s. 3%d. balance brought forward) 4965 6s.
4d. Expenditure, 1748 4>s. lOfd Signed and sworn
to in Council, John Grymes, Recr. Genii. Audited by,
Nathl. Harrison. Same endorsement. 2 pp.
119. ii, iii. Charters of James II and Charles II to the
Proprietors of Northern Neck. Endorsed, Reed. 27th
June, 1726. Copies. 3 pp. and 6J pp.
119. iv. Statement of case between Crown and Proprietors
of Northern Neck, with questions arising therefrom ;
1726.
AMERICA AND WEST INDIES.
59
viz. : (i) What shall pass by the grant of felons'
goods in the Letters Patents of James II, and whether
the goods of a felo de se shall not pass thereby ? (ii)
Whether fines imposed by the King's Courts upon
persons residing within the sd. territory, for con-
tempts or otherwise, shall not pass by the sd. Letters
Patents, and what fines shall pass thereby ? (iii)
What shall pass by the word forfeitures in the said
Letters Patents ? Endorsed as preceding. 2j pp.
[C.O. 5, 1320. ff. ll-14u., 150., lQv.-l7v., lSv.-2Qv.]
April 20.
Bermuda.
120. Lt. Governor Hope to the Duke of Newcastle.
Encloses following. Repeats request for appointment of Capt.
Butterfield to succeed Captn. Samuel Rayner deed, and asks
that Robert Dinwiddie, appointed Collector of Customs, may
succeed to Capt. Thomas Parsons " bound off from hence to
London never to return." Signed, John Hope. Endorsed,
R. Sept. 23. Duplicate. I p. Enclosed,
120. i. List of persons fit to supply vacancies in the Council
of Bermuda. Same as 30th Sept., 1725. Signed and
endorsed as preceding. \ p. [C.O. 37, 28. Nos. 35,
35. i.]
April 20. 121. Lt. Governor Hope to the Council of Trade and
Bermuda. Plantations. Duplicate of preceding letter. Signed, John
Hope. Endorsed, Reed. 16th Sept., Read 22 Nov., 1726.
Duplicate, original not received. Holograph. 1 p. Enclosed,
121. i. Duplicate of No. 120. i. J p. [C.O. 37, 11.
ff. 261, 262, 262y.]
April 20. 1 22. List of papers (1717) laid before the House of Commons,
St. James's, relating to lands in the late French part of St. Kitts, in pursuance
of their resolution and address, 29th March. [C.O. 153, 14.
p. 209.]
April 21. 123. Council of Trade and Plantations to the King.
Whitehall. Recommend Edward Man, H.M. Casual Receiver and Receiver of
the 4J p.c., for the Council of St. Kitts in place of Ste. Duport
deed. [C.O. 153, 14. p. 210.]
April 25. 124. H.M. Warrant appointing Archibald Kennedy to the
St. James's. Council of New York, in the room of Thomas Byerly, deed.
Countersigned, Holies Newcastle. [C.O. 324, 35. p. 167.]
April 25. 125. H.M. Warrant appointing George Lucas to the Council
St. James's. o f Antegoa, in the room of John Hamilton, deed. Counter-
signed, Holies Newcastle. [C.O. 324, 35. p. 167.]
60
COLONIAL PAPERS.
1726.
April 27.
Barbados.
April 27.
Barbados.
126. Governor Worsley to the Duke of Newcastle.
Encloses Acts (i) for erecting magazines at St. Anne's Castle,
and building a town-hall and goal in the town of St. Michael ;
(ii) appointing agents for this island in Great Britain ; and
(iii) for the payment of money due from the publick to the Hon.
William Downes Esq., and Journals of Council, 31st Aug. 1725
15th Feb. 1726 ; of the Court of Chancery, 1st Sept.
22nd March ; of Assembly, 18th Jan. 12th April ; and of
the Court of Escheats, 8th Oct.-15th Jan. etc. Refers to other
enclosures, v. infra. Signed, Henry Worsley. Endorsed, R.
June 27. 3 pp. [C.O. 28, 44. No. 101.]
127. Same to Same. Encloses examination etc. in relation
to Messrs. Hales and Hodges petition, in pursuance of order,
20th July last, received by Mr. Young 21st Dec. last etc.
Continues : Being very much indisposed and continuing so
for some time, I was not able to take it till the 12th of February.
It has swelled to a far greater bulk than I possibly thought
it could etc. In relation to Mr. Sutton's true and impartial
narrative, besides what I examined on oath ; I have enclosed
authentick copys of some letters that passed just at the time
when Mr. Sutton gave me the said narrative. Your Grace will
observe at the beginning of the second day's examination,
14th Feb., a letter from Mr. Wooding to Mr. Young, sworn to
before me by the said Wooding, it sets forth that Mr. Sutton
would have suborned him to swear, that he had heard Mr.
Young say that he had given me a thousand pounds, (which
Mr. Sutton owed Mr. Young) to refuse Mr. Sutton an injunction,
in order to get his estate, and that if he would do it, he would
send it home, to some Clergyman that is great at Court, and
my Lord somebody, and to Collo. Bladen, and that he did not
doubt doing my business at home, and have me broke upon it.
The letter is really worth your Grace's perusal, by which your
Grace will see, what sort of people I have to govern, and who
I have in the Council ; Your Grace will further observe the
examination of Geraughty, how Mr. Sutton had him imprison'd,
how he joyntly with Mr. Sedgwick, another justice of ye peace,
brought him out of prison to a tavern, and would have had
him sign a deposition, which Mr. Sedgwick was to have drawn
up, which Geraughty refusing to do, and desiring to be sworn,
and that then he would tell the truth, Mr. Sutton, and the
other justice, remanded him back to prison, and Mr. Sutton
ordered him to be put in irons. Your Grace may easily imagine,
that with such a Counsellor, no Gentleman in my position can
be easy, or any regularity be supported in Government, with
such Justices of the Peace ; whether these two cases are
included within the order of their Excellencies the Lords
Justices, I shall not dispute ; But as these facts were sworn
to before me in the course of the examination, which I am to
AMERICA AND WEST INDIES. 61
1726.
transmit to the King in Council, for H.M. further pleasure
thereon, I shall not determine anything against these Gentlemen,
however I may judge it for the good of H.M. subjects in this
Government least it might be construed in disobedience to their
Excellencies commands, for which, I have the greatest deference
and veneration, but most humbly wait H.M. pleasure. I am
informed Mr. Sutton has made several complaints against me,
I don't know, nor can imagine, of what nature they are ; Mr.
Bladen is the person he pretends to correspond with. If any
complaint has been laid before your Grace, I must beg your
Grace not to give any credit to it till I have the honour to
send you my answer. Your Grace will be so good as to pardon
me if I seem desirous of having H.M. pleasure, in relation to
this examination as soon as possible, because I am sure it
will contribute very much to the peace and quiet of this
Governmt. Mr. Sutton has lately desired a copy of the
examination, which I have not granted him, in that I think
I can't justify the giving a copy of what I am to transmit to
H.M. in Council. I took the examination in the most publick
and solemn manner. I allowed Mr. Sutton three Counsellors
and two Attorneys at Law, to assist him in cross-examining
Messrs. Hales and Hodges' evidences, and afterwards I examined
upon oath, if not as many as Mr. Sutton summon'd, yet as many
as he desired might be examined, for when I asked him, if he
had any more to be examin'd, he told me he had no more etc.
Refers to enclosures. Signed, Henry Worsley. Endorsed,
Rd. June 27. 6 pp. Enclosed,
127. i-iii. Inquisitions and proceedings of the Court of
Escheat, Barbados, 8th Oct., 1725 15th Jan. 1726.
Signed, Tho. Warren, Escheat. The whole, 7 pp.
127. iv. List of Baptisms and Burials in the parishes of
Barbados, 19th Jan., 1723-1726. Totals, Baptisms :
Males, 770, Females, 873. Burials : Males, 837,
Females, 597. 1 double p.
127. v. Mr. Sutton to Wm. Webster. April 19, 1726.
Begs him to acquaint H. E. that he has not had a
copy of the examination of evidences, which he has
a right to etc. Signed, Edmund Sutton. Copy. 1 p.
127. vi. Mr. Webster to Mr. Sutton. April 28, 1726. H. E.
cannot justify the giving a copy of what he is com-
manded to transmit to H. M. in Council. Signed,
Wm. Webster, D. Secry. Copy. 1 p.
127. vii. A true and impartial narrative of some discourse
between Richard Lightfoot and Edmund Sutton, 27th
May 5th June. Correspondence etc. v. covering letter.
Copy. 4pp.
127. viii. List of fees of Masters in Chancery, Barbados.
Signed, p. John Lenoir, Wm. Webster in Cane,
Magr. 1 p. .
62 COLONIAL PAPERS.
1726.
127. ix. List of fees in the Remembrancer's Office, Court of
Exchequer, Barbados. 7th May, 1726. Signed, p.
N. Hope, Dep. Remembrancer. 2j pp.
127. x. List of fees of the Clerk of the Market. Signed,
Alex. Burnett, Cler. Mark. 1 p.
127. xi. List of fees of the Searcher of Customs at Speights.
Signed, J. Manley, Searcher. J p.
127. xii. List of fees in the Searcher's Office, Bridgetown.
Signed, G. Maxwell, Searcher, f p.
127. xiii. List of fees received by the Comptroller of the
Customs, Barbados. 8th March, 1725(6). Signed,
Sam. Wadeson, Depy. Controllr. f p.
127. xiv. List of fees received by the Collector of Customs,
Barbados, llth March, 1725(6). Signed, Hen.
Lascelles, Coll. f p.
127. xv. List of fees in the Treasury Office, Barbados.
Signed, George Paxton, Trear. Jrdp.
127. xvi. List of fees taken in the Custom house at Oistins.
Signed, J. Carmichael. | p.
127. xvii. List of fees at the Custom house at Speights.
Signed, Edward Denny, Collr. Jrd p.
127. xviii. List of fees in the Clerks' Office of the Courts of
Common Pleas, Barbados. 6th May, 1726. Signed,
Benja. Sullavant, Cl. Cur. 1 J large pp.
127. xix. List of the fees of the Clerk of the Crown and
Peace, Barbados. Signed, Cha. Browne, Dep. Cl.
Cor. 1 p.
127. xx. List of fees of the Register, Clerk and Examiner of
the Court of Chancery, Barbados. 1 large p.
127. xxi. List of fees of the Customhouse at The Hole,
Barbados. 10th March, 1726. Signed, A. Upton.
ip.
127. xxii. List of fees of the Register's Court of Admiralty,
Barbados. Signed, p. Robt. Warren, Reg. Cur.
Adm. 1 p.
127. xxiii. List of fees in the Naval Office, Barbados, 25th
April, 1726. Signed, E. Chearnly, D. Naval Officer.
i^.
127. xxiv. List of fees of the Marshal of the Court of Common
Pleas, Barbados. 6th May, 1726. Signed, Wm.
Forbes, Oliver Kennedy, Dy. Pro. Marll. Gen. If pp.
127. xxv. List of fees of the Marshal of the Court of
Exchequer and Admiralty Court, Barbados. Signed
as preceding. 1 p.
127. xxvi. List of fees of the Serjeant-at-Arms, Barbados.
Signed as preceding. I p.
127. xxvii. List of fees of the Secretary's Office, Barbados.
Signed, Wm. Webster, D. Secry. 2f pp.
127. xxviii. Duplicate of preceding.
AMERICA AND WEST INDIES. 63
1726.
127. xxix. List of fees of the Escheator, Barbados. Signed,
p. Thos. Warren, Escheator. J p. [C.O. 28, 44.
Nos. 102, 102. i-xxix ; and (duplicates of Nos. i, ii,
ix-xviii, xxi, xxiii-xxvi, xxix) 28, 39. Nos.
22-34.]
April 27. 1 28. Governor Worsley to the Council of Trade and Planta-
Barbados. tions Duplicate of No. 126. Signed, Henry Worsley.
Endorsed, Reed. 27th, Read 30th June, 1726. 3 pp. Enclosed,
128. i-iii. Duplicates of Nos. 127. i-iii. Same endorsement.
128. iv. List of cases at Court of Grand Sessions, Barbados,
14-17 Dec., 1725. Same endorsement. 1 p.
128. v. List of fines at same (167. 15s.). Same endorse-
ment. 1 p.
128. vi-xxvii. Duplicates of Nos. 127 iv, viii-xxvii, xxix.
The whole endorsed as covering letter.
128. xxviii. Treasurer's Accounts 8th Aug. 1723-1724.
Settled by Committee of Publick accounts. Receipts :
19,747 105. 4jd. Expenditure : 19,688 75. Sd.
Signed, George Plaxton, Trear. 8 large pp.
128. xxix. Treasurer's accounts, 8th Aug., 1724-5. Settled
by the Committee of Accounts. Total, Receipts,
17,753 25. 6fd. (including balance brought forward
59 25. 8jd.) ; Expenditure, 17,822 145. lOfd.
Signed, George Plaxton, Trear. Endorsed as pre-
ceding. 10 large pp. [C.O. 28, 18. ff. 256-260,
261u.-263, 264t;., 265u.-267z;., 268u.-272, 27S0.-278,
279-282, 283v.-2S9v., 290v., 29lv.-292v., 293i;.-297,
2980., 299z;.-304i;.]
April 27. 1 29. Enclosed in preceding covering letter.
129. i. Proceedings of Court of Escheats, Barbados, Oct. 8-
Dec. llth, 1725. 4 pp.
129. ii. Proceedings of Court of Chancery, Sept. 1st, 1725
March 22nd, 1726. 22 pp. [C.O. 33, 27. Nos. 5, 6.]
April 27. 130. Duke of Newcastle to Governor Hart. In pursuance
Whitehall, of Orders of Council, April 18, q.v., gives instructions that
Jeremiah Brown is to be continued in quiet possession of the
80 acres in St. Kitts, till H.M. further pleasure etc. Signed,
Holies Newcastle. Annexed,
130. i. Two orders in Council, 18th April, 1726, q.v. [C.O.
324, 35. pp. 169-177.]
April 28. 131. (a) Affidavit by William Webster, Depty. Secretary
Pilgrims, of Barbados, that the following examinations were taken down
word for word by himself in short hand, and his two Clerks in
writing etc. 1 p.
64
COLONIAL PAPERS.
1726.
[April 28.
April 28.
Whitehall.
April 28.
New York.
May 3.
Treasury
Chambers.
May 3.
Whitehall.
(b) Witnesses submitted by Capt. Joseph Young and Edmund
Sutton, and their examinations before the Governor 12th
Feb. 1726, in pursuance of Order in Council 20th July, 1725,
upon the petition of Robert Hales and Thomas Hodges jr.
against Mr. Sutton, with depositions, orders and decrees etc.
relating thereto, and the will of John Hallett etc. [C.O. 28,
43. pp. 263-454.]
132. Col. Spotswood to the Council of Trade and
Plantations. Prays that Lt. Governor Drysdale may be
instructed not to proceed upon any of the points, with
respect to the Brunswick and Spotsylvania grants, upon which
Mr. Attorney and Solicitor General recently reported, etc.
(v. 20th Jan.). That report left several points to be wholly
determined by H.M. pleasure, and memorialist is making
application for such determination etc. Endorsed, Reed.,
Read 28th April, 1726. lj pp. [C.O. 5, 1320. ff. 3, 3v., 40.]
133. Mr. Popple to Mr. Burchett. Encloses copies of
papers received from Lt. Governor Dummer relating to the
authority of the Admiralty Court in N. England, for the
information of the Lords Commissioners of the Admiralty.
[C.O. 5, 915. p. 453.1
134. Governor Burnet to Mr. Popple. I have nothing
worth troubling the Lords with, but I send you the printed
votes of the Assembly by which you will see that we- have
begun in pretty good humour, they could not be brought to
continue the revenue for five years, so that I was obliged to
agree to take it for three, which they have resolved. I enclose
the Muster-rolls to Mr. Mitchel and some other packets which
I hope you will have the goodnesse to send as directed etc.
Signed, W. Burnet. Endorsed, Reed. 10th, Read" 23rd, June
1726. Holograph. 1 p. Enclosed,
134. i. Journal of Assembly of New York 5th 21st April,
1726. Printed. 10 pp. [C.O. 5, 1054. ff. 22,
2Sv.-2Sv.].
135. Mr. Tilson to Mr. Popple. The Lords Commissioners
of the Treasury approve of the Representation on the Revenue
Bill of Jamaica, and the draft of the new bill etc. Signed,
Chris. Tilson. Endorsed, Reed., Read 3rd May, 1726. J p.
[C.O. 137, 16. ff. 217, 2180.]
136. Council of Trade and Plantations to the King.
Representation upon Act of Barbados to prevent vessels that
trade here from carrying off slaves etc. The general intention
of this Act (upon which we have had the opinion of Mr. Fane
etc.) is to inflict exemplary punishment upon masters of ships,
AMERICA AND WEST INDIES.
65
1726.
May 3.
Whitehall.
May 4.
Whitehall.
or any other persons, that shall clandestinely carry off from
the Island of Barbados any negro, Indian or mulatto slave
etc. or debtors. The punishment to be inflicted is death, and
the forfeiture of ship and cargo etc. There is also a penalty
of 500 laid upon any person that shall compound any matter
done contrary to this Act, without proceeding in a due course
of law, to bring the offender to justice ; and this penalty is to
be recover'd, as in the case of servants' wages, before the
Justices of the Peace, and to be apply'd, one half to the informer,
and the other half to the use of the fortifications. To the
design of this Act etc. we have no objection ; but on the contrary,
we think it will be of use : But as there are some objections
to the manner of putting the same in execution, we humbly
submit it to your Majesty, whether this summary method of
proceeding in cases of penalties before the Justices of the Peace,
ought not to be condemned, but especially in so penal a law
as this is, which should go through the most strict and regular
enquiry the nature of the offence can allow of etc. Another
objection, which we have to this Act, is, the penalties to be
imposed by it, are not apply'd according to the letter of your
Majesty's Instructions to the Governor etc. they are given as
above., whereas it ought to have been to your Majesty, for the
use of the fortifications. Upon the whole, as there are many
things in this Act very just and necessary, tho' the manner
prescribed for the execution thereof requires some alterations,
we would not offer the same to your Majesty to be immediately
repealed, but would humbly take leave to propose, that Mr.
Worseley may be instructed to pass a new Act for the same
purposes, not lyable to the objections made to this, and that
the Act now in question may be thereby repealed. [C.O. 29,
14. pp. 420-422.]
137. Mr. Popple to Mr. Fane. Enquires his opinion in
point of law how far Governor Worsley is to be justified in
detaining the persons suspected of piracy mentioned in his
letter of Nov. 14. [C.O. 29, 14. p. 422.]
138. Council of Trade and Plantations to the Lords of the
Committee of Privy Council. In reply to order of 23rd Feb.
(A. P. C. Ill, p. 74), submit draft of Revenue bill for Jamaica,
" wherein we have taken care, as far as in us lay, to obviate
the several objections made to that formerly transmitted
home " etc. Continue : We have had a particular regard to
the amendments proposed by H.M. Attorney and Solicitor
General, but we have made some alterations therein and have
likewise added some amendments of our own etc. We have
left the disposition of the surplus that may arise to the Governor
Council and Assembly, for the maintenance of party s for
suppressing of runaway negroes, and for such other publick
C,P. xxxv 5
66 COLONIAL PAPERS.
1726.
services as shall be necessary for the Island ; for altho' H.M.
might in strictness justly challenge to himself the dispositions
of this surplus, if any should happen to be, yet considering
that even in that case H.M. wou'd certainly out of his wonted
goodness graciously direct the same to be applied to some
publick service of the Island, and for asmuch as by this
appropriation in the Jamaica draught, this surplus is applied
in that manner by H.M. Governor, his Council and the Assembly;
we hope your Lordships will be of opinion with us in this
particular. As to what relates to the Quantum to be provided
for ; we humbly conceive that the sum of 10,000 pr. annum
may be sufficient for the purposes already mentioned, and
likewise for the maintenance of the two Independant Companies
now in Jamaica, which ought to be added to their establish-
ment ; and will augment the charge 2000 pr. annum beyond
the 8000 provided for by their draught. But as to the funds
whereby these additional 2000 should be raised it is impossible
for us at this distance to form any judgement upon them ;
however we would humbly propose to your Lordships that
the Duke of Portland may be directed to take care that proper
funds be inserted in the bill for this purpose, and that the
same may prove the more effectual, that such branches of the
Revenue raised in Jamaica by annual Acts for their contingent
services, as have been found by experience to answer the
sums for which they were given, may be appropriated in this
Act towards the raising the sum of 10,000 pr. annum for a
perpetual revenue for H.M. We have thought it the more
necessary that these Companys should be provided for in this
manner, because it is impossible for them to subsist in that
Island, where provisions are so dear, without it, tho' they do
receive their ordinary pay from England : and occasions have
happen'd where these Companies have been in great danger
of suffering, for want of this provision, upon disputes that
have arisen between Governors and the Assembly, particularly
during the Lord Archibald Hamilton's administration there,
and likewise at this present juncture. But on the other hand,
as a time may come when H.M. may no longer think it necessary
for his service, or for the security of that Island, to continue
these Independant Companies there ; it seems to us highly
reasonable that whenever that event shall happen, the Governor,
Council and Assembly of Jamaica should be at liberty to
appropriate such part of H.M. Revenue as is hereby intended
for the support of the said two Companies, to any other publick
and necessary service of the Island ; and they have many
such, tho' of an uncertain nature, which they are annually
obliged to make provision for ; and therefore we have added
a clause for that purpose, etc. Propose that H.M. pleasure be
signified to the Duke of Portland that this draught etc. be
forthwith recommended to the Council and Assembly, as the
AMERICA AND WEST INDIES.
67
1726.
May 5.
London.
May 5.
St. James's.
May 10.
St. James's.
May 11.
Whitehall.
May 11.
Whitehall.
terms which H.M. expects from them in return to his gracious
condescension in the confirmation of their laws, and in departing
from his patrimonial Revenue in the said Island for their
welfare and defence. Annexed,
138. i. Proposed draught of Act of Jamaica for granting a
Revenue to H.M., his heirs and successors, for the
support of the Government of this Island, and perpet-
uating the Acts and Laws thereof, as they now stand
and are used. With notes of alterations and omissions.
138. ii. An estimate of the present branches of H.M. Revenue,
and of expences chargeable on it (10,000 etc.). [C.O.
138, 17. pp. 60-99.]
1 39. Governor the Earl of Orkney to the Duke of Newcastle.
Yr. Grace will pardon the liberty I tack to apply to you
this way, since I have been long confined to my house by a
violent sciatique ; the favoure I have to aske is a licence of
leave for the Lt. Governour of Virginia to come to the Bath
in England, which is phesetians all agree is absolutely necessary
etc. It was your very good freend Sr. Robert Walpoole that
recommended him to me and his behaviour in that Colloney
has been very satisfactory to every body, soe that it would
be a generall loss to loose soe worthy a man etc. Refers to the
bearer, Mr. Leheup, for the form required. Signed, Orkney.
Holograph. 1 p. [C.O. 5, 1344. No. 2.]
140. H.M. Warrant for affixing the Great Seal to a Com-
mission to Mathew Kent, Commander of the Bristow frigate,
for seizing pirates in the Spanish West Indies etc. Counter-
signed, Holies Newcastle. [C.O. 324, 35. pp. 177, 178.]
1 41 . Order of King in Council. Approving Representation
of 21st April, and appointing Edward Mann to the Council of
St. Christophers. Signed, Robert Hales. Endorsed, Reed.
25th May, Read 7th June, 1726. 1 p. [C.O. 152, 15. ff.
258, 259u.]
142. Council of Trade and Plantations to the King.
Propose repeal of Act of Pennsylvania for directing the process
of summons against freeholders etc. " The intent of this Act
is to exempt all freeholders to the value of 50 acres of land
in that Province, from arrest ; but as they may contract debts
to a much greater value, and may have considerable personal
estates with which they may run away, we are of opinion that
this is an unreasonable privilege " etc. [C.O. 5, 1293. p. 399.]
143. Mr. Popple to Lt. Governor Gordon. My Lords
Commrs. have lately had under their consideration four Acts
passed in Pennsylvania, 1723, for giving a currency to paper
68
COLONIAL PAPERS.
1726.
money (enumerated). Their Lordps. have found by experience,
that bills of credit have been of very ill consequence in other
places where they have been issued, particularly in Carolina,
where not only the Province, but the merchants have sustain'd
great losses thereby. For this reason, if it were not out of
tenderness to those persons into whose hands the bills issued
in Pennsylvania, may have pass'd, their Lordps. would lay
the aforemention'd Acts before H.M., to be repealed ; and
if any further Acts are pass'd for creating more bills of credit
than those already issued ; their Lordps. will certainly think
themselves oblig'd to lay them before H.M. for his disallowance.
However, for the present their Lordps. command me to acquaint
you, that they think it highly necessary for H.M. service and
for the good of the Province under your Govt., that all possible
care should be taken for the effectual sinking these bills, and
that the funds given for that purpose be duly applied. I am
further directed to observe to you, that the laws referr'd to in
these Acts for Paper Currency, have never yet been transmitted
to this Office ; and to desire that you will transmit the said
Acts, and all such Acts for the future, as shall be pass'd in
Pennsylvania. [C.O. 5, 1293. pp. 399-401.]
May 11. 144. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following. Conclude : As this is a matter
wherein the Court of Portugal is concern'd, we submit to your
Grace whether it may not be proper the same should be com-
municated to the Portuguese Envoy here. Autograph signatures.
If pp. Enclosed,
144. i iii. Copies of letter and enclosures Nos. i, ii, from
Governor Worsley, 14th Nov., 1725. [C.O. 28, 39.
Nos. 35, 35. i iii ; and (without enclosures) 29, 14.
p. 423.]
May 12. 145. H.M. Warrant appointing Edward Mann, H.M.
St. James's. Receiver in St. Kitts, to the Council thereof, in the room of
Stephen Duport, deed. Countersigned, Holies Newcastle.
[C.O. 324, 35. p. 179.]
May 16. 146. Wavell Smith to the Council of Trade and Plantations.
Encloses affidavit by his brother, Deputy Secretary, Antigua,
that the Minutes of Council of that Island, have been regularly
deliver'd to Governor Hart. One of Governor Hart's Council
having ventur'd to tell your Lordships that in case I succeeded
(v. supra), my office would be worth 4000, etc. I give your
Lordships the true value of the Secretary's Office. Mr. Hedges
never made 400 pr. ann. ; Mr. Knight let Antigua to Mr.
Fleming at 200 pr. ann., St. Chris, to Mr. Bellagnier for 126,
Nevis to Mr. Billingsley, 60 ; Montserrat to Mr. Lee for
30, I have let St, Christophers to Mr, Bellagnier for
AMERICA AND WEST INDIES.
69
1726.
May 17.
St. James's.
May 17.
St. James's.
May 19.
Whitehall.
May 19.
Whitehall.
200 ; Nevis to Mr. Paris for 80, Montserrat to Mr. Lee for
30. Antigua I have executed myself etc. This year the
Island is burnt up and in a wretched condition and my Office
will not produce 100 over and above the charge of its execution
etc. As to Nevis, my attorneys have been forced since January
to abate my deputy 30 per ann. Register in Admiralty no
man for all the Islands would give 100 pr. ann. Signed,
Wavll. Smith. Endorsed, Reed., Read 17th May, 1726.
2| pp. [C.O. 152, 15. ff. 250-251U.]
147. H.M. Warrant granting to Lt. Governor Drysdab
licence of absence for one year. Countersigned, Holies Newcastle.
[C.O. 324, 35. p. 180.]
148. H.M. Warrant granting Ralph Gulston, of London,
merchant, license to fell trees in New England, in pursuance
of a contract with the Navy Board for supplying six ship-loads
of masts in 1728, 1729, 1730, 1731. The Lt. Governor is to
aid and assist him etc. Directed to Charles Burniston,
Surveyor General of H.M. Woods in America. Countersigned,
Holies Newcastle. Annexed,
148. i. R. Gulston's contract referred to in preceding. Copy.
[C.O. 324, 35. pp. 181-194.]
149. Mr. Popple to Mr. Carkesse. Presses for reply to
9th March. [C.O. 29, 14. p. 423.]
1 50. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before H.M. Annexed,
150. i. Same to the King. Reply to 19th Feb., 1725, upon
petition of Wavel Smith and Savil Cust etc. Continue :
The offices claimed by petitioners are Secretary to
the Leeward Islands, Clerk of the Crown, Clerk of the
Courts, Register in Chancery, Register of the
Admiralty, Clerk of the Ordinary, and Clerk of the
Council. Of these offices, Secretary and Clerk of the
Crown only are mention'd in your Majesty's Patent,
but by vertue of the general words, vizt., " together
with all fees, profits, rights etc. thereunto belonging,
in as full and ample manner as any person hath
enjoyed the same etc.," petitioners do claim the
other offices, tho' not particularly named as branches
of the Secretaries office, and altho' they seem to be
distinct, yet it appear'd to us that the several offices
in question have for the most part been enjoy'd by
the persons who acted by virtue of your Majesty's
patent as Secretaries to the Leeward Islands. On
the other hand, it did appear to us, that in some few
instances the said offices have been exercis'd by persons
70
COLONIAL PAPERS.
1726.
May 20.
St. Chris-
topher's.
by virtue of Commissions from the Governors, more
particularly that of Register of the Admiralty at
Antego and at St. Christophers, and likewise the
offices of Register in Chancery and Clerk to the
Ordinary in St. Christophers ; and the Council for
the Governor did insist, that the right of nomination
to the office of Register to the Court of Admiralty
did belong to the Governor, by virtue of his commission
from the Lords of the Admiralty, as Vice- Admiral.
They likewise objected, that as the petitioners were
by the patent appointed Secretary and Clerk of the
Crown only, no general words would in law convey
any other places to them, and that therefore the
Governor might dispose of any places not particularly
mention'd in the patent. We do not take upon us
to determine how far, in strictness of law, this claim
might be justified, but as the several offices in dispute
have been for the most part held and enjoy 'd as
branches of the Secretary's office, and as the petitioners
are in possession by virtue of Commissions from the
Governor of the several branches in dispute, we are
humbly of opinion that the petitioners may be con-
tinued in possession of the offices they claim, until it
shall be otherwise determin'd by due courses of law.
[C.O. 153, 14. pp. 211-214.]
1 51 . Governor Hart to the Council of Trade and Plantations.
Encloses Journals of Councils and Assemblies of the respective
Islands, and also of several laws, " most of which are duplicates,
not having the honour to receive any advice of their having
come to your hands " etc. Continues : It wou'd be of very
great use, and a particular satisfaction, that upon the receipt
of all letters, you wou'd be pleased to lay your commands, that
I may have notice of such receipt as soon as may be. I have
had but too much reason to complain frequently to your Lord-
ships of the detention of my letters, having been taken up by
designing people, and some of them not deliver'd, till they
had gain'd their own bad ends in it. But have never been
able to make a discovery of this wicked practice, till lately
the Master of a ship (Capt. Crumpton) brought me three letters
from London, and whilst he was conversing with the Collector
of the Customs here, one De Jean (whose name and person was
utterly unknown to me) took up my letters so directed ; But
upon a diligent enquiry I found out the man, who wou'd not
own that he had taken up above two letters, the third, which
was lost, I presume was from your Lordships, for which I have
order'd him to be prosecuted. I take the liberty of giving your
Lordships this instance of the misfortune I have lain under,
with regard either to the commands I might have receiv'd from
AMERICA AND WEST INDIES. 71
1726.
your Lordships, or of the advices I am in duty bound to com-
municate to your Lordships' board, from this vile practice of
taking up letters. Nor do I know what remedy to apply for
the cure. It is for this reason that I have for some time waited
an opportunity of transmitting the papers above mentioned
by a safe hand, as I now do by one Mr. Boitoux an Officer in
Col. Lucas's Regiment here. The Act of Antegoa, /or explaining
an Act for the better government of slaves etc., is only to acertain
the price of slaves that shall be condemn'd, at 35 for a man,
and 30 for a woman slave, there having been a very ill use
made of the liberty given to the appraisers in the former Act.
The Act to invest certain lands in Antegoa in H.M. etc. gives
20 acres of land for the use of his ships of war that shall be in
the said harbour ; a draft of which I inclose etc. Besides the
many conveniences (mentioned in the enacting part of the
said law to H.M. ships of war and protection to the trade) the
harbour is so good and easily fortified, that it is impossible
any damage can happen by the hurricane to ships that ride
therein ; the way of securing them is two anchors a head, and
two cables a stern past to the trees on shore, the place being
land lockt, and the waters never disturb'd. Further, it will
save H.M. a vast expence ; for formerly the ships of war at
Barbadoes and the Leeward Islands careen'd either at New
York, or New England ; which has been of fatal consequence
in the late war with France, and the trade, nay even the Islands
themselves, left naked and destitute of their best defence etc.
If it was not so apparently for H.M. service, I am not forward
in recommending Acts for the Royal assent ; for reasons I have
already communicated etc. The Act for dividing the parish of
St. Peter in Antegoa and erecting a new parish, to be called St.
George's etc. The parish was laid out in the beginning of the
settlement of that Island, and contain'd very near one half
of it, that part thereof now erected into the parish of St. George,
has a very fair Church built upon it by the inhabitants, and
the incumbent being fully provided for in that parish still
retaining the name of St. Peter ; and having signified his
consent to the bill ; I pass this Act to the satisfaction of all
parties. The Act of Nevis for raising a poll-tax on negroes
and other slaves etc., is the only poll-tax they have rais'd in
three years. The Act of Nevis for raising an impost on strong
liquors imported is only the revival of a former Act which had
been expir'd some years. The Act of St. Christophers for
erecting into a parish part of Cabesterre Quarter, by the name of
Saint Cabesterre, and for enlarging the two parishes of Saint
Ann Sandy Point, and St. John Cabesterre. This parish lying
in that part formerly belonging to the French, was subject to
many inconveniencies, and particularly for an allowance to a
clergyman, which by this Act is provided for, and put upon a
footing with all the other parish's etc. The title of the Act
72 COLONIAL PAPERS.
1726.
of St. Christophers for building a court-house, or publick hall,
Secretary's and other offices at the town of Old Road, and to oblige
the Secretary and other Officers to keep their offices in the said town,
is so full that I need not trouble your Lordships with any
further explanation. The Act of St. Christophers to limit the
time of an Act to regulate the Militia. In the passing the Militia
Act formerly sent your Lordships, there was a clause omitted
in the said Act ; tho' consented to by both the Council and
Assembly, limitting that Act for five years, by which omission
the Act was perpetual, and there being many inconveniencies
in the aforesaid Militia Act (which will be supplyed by another)
I consented to this limitation agreable to the intention, and
inclination of the Council and Assembly. The Act of St.
Christophers to repeal the Act for raising gunpowder and small
arms upon the tonnage of vessels trading to the island, so far as
the said Act relates to vessels trading from the Brittish Islands
lying to the leeward of this Island etc. The payment of which
powder duty and small arms, has prevented the inhabitants
of Tortola, Anguilla, Spanish Town and the lesser islands of
this Government, from trading to this island for live-stock and
provissions, which before the passing that law they brought
here in great quantities, and which are now very much wanted.
The Act of Mount ser rat to prevent the frequenting of taverns,
alehouses and other tipling houses by seamen : and for the pre-
venting selling of rum, rum punch or other strong liquors to negroes
on Sundays. An Act of Mountserrat for holding a Court of
Sessions, being as near to the laws and customs of England as
possible : I presume I need not say more upon it. My Lords,
I have lately receiv'd a mandamus from H.M., commanding
me to swear into the Council of St. Christophers William Pym
Burt Esqr. In obedience to which I have order'd him to be
summon'd to the next Council. At the same time I am to
acquaint your Lordships that he is also of the Council of Nevis,
having been formerly recommended there by me, on the
character Lt. General Mathew gave me of him, (whose brother
in law he is) tho' I have had some reason to alter my opinion
of Mr. Burt, he being a person not qualified according to my
Instructions that is he is far from being a person of good
estate, being incumber'd more than it's worth. Besides, he
is a person of very low understanding, and not to be depended
upon for his advice in the Council. I beg leave to observe to
your Lordships that as the Governours of the Plantations are
impower'd by their Instructions to recommend persons to
sett in the Council as best knowing those that are qualified to
serve there (tho' far be it from me to dispute H.M. commands
whenever He is graciously pleas 'd to signifie the contrary) yet
I cannot help observing from near twelve years experience I
have had the honour to serve as Governour in the Plantations,
that no man ever attempted to obtain a place in the Council
AMERICA AND WEST INDIES. 73
1726.
in any of the Colonies without their knowledge and against
the consent of the Governours, but the unworthy and the
factious. Of the last I am sorry to say this Gentleman gave
a remarkable instance at the last election of the Assembly of
this Island, into which he endeavour'd to be elected, and by
his declarations, with veiws to disturb the peace and
tranquillity of this Government. But the inhabitants had
such a detestation of the practices then on foot, for that end laid
him asside, and all his accomplices, and chose a very good
Assembly. As for Mr. Burt, I wou'd so far excuse him to
your Lordships, being a poor innocent, who has just sense
enough to be subservient to men of deeper and darker purposes ;
and when he cou'd not serve their ends in the Assembly, he is
clandestinely recommended to be of the Council. But whether
your Lordships will think proper to represent this matter to
H.M., or how it can be expected that a Governour shou'd have
any aid or assistance from the advice of such Councillors, so
recommended, is humbly submitted to your Lordships' con-
sideration. As there is one place in the Council of St.
Christophers yet vacant, I humbly beg leave to recommend
a person who will be of great use and reputation there ; by
his knowledge of the laws (a thing much wanting in all the
Councils of this Government) by his prudence and sagacity,
and by his being master of a plentiful and growing fortune,
I mean H.M. Sollicitor General, John Spooner Esq., etc. My
Lords, I intended myself the honour of representing to your
Lordships many other matters relating to this Government ;
but as I am inform'd by my friends in England, H.M. has been
graciously pleas'd, on my earnest prayer and sollicitation, to
grant me his royal licence to returne to Great Britain for the
recovery of my health ; having been at least three years sick
of the time I have resided in the West Indies ; and as I am
in dayly expectation of that licence, I shall then have the
honour of presenting myself and a state of this Government
to your Lordships. Which last in my humble opinion wants
great reformation ; and I am very feelingly sensible of the
advantages, and disadvantages of a personal representation.
In the mean time I cannot help representing to your Lordships
the unhappy situation of the Governours of the Plantations
from the unjust clamours of two or three factious, and perhaps
unworthy men, whose calumnies put these Governours to vast
expence, and great trouble in defending their characters, as is
particularly now my case ; For those Articles which were
exhibited against me last year, at the instigation of Mr. Wavel
Smith etc., signed by a few persons, very little acquainted with
the Leeward Islands, and the Order of Council to me to answer
these complaints, have been transmitted more than seven
months past (as I am credibly inform'd) to their correspondents
in Antegoa. Yett they have not thought fit to serve me with
74 COLONIAL PAPERS.
1726.
that Order. They well knowing how easy it is for me to answer
and acquitt my self of that charge ; and perhaps are appre-
hensive of having a darker scene unveil'd, than they are willing
to have expos'd : which it is probable is the reason that ever
since the copys of these Articles have been handed about
(which all persons disown here) I have met with the greatest
tranquillity, and an abundance of outward shew of respect
from those persons who formerly were most forward to insult
me. So that tho' they have gain'd there ends in disappointing
me of the support recommended by H.M., yet I am so far
happy, as to be able to discharge my duty with ease, and without
any ill bred interruption ; and if I can make any judgment
from their words and outward appearance, they seem to shew
some sorrow and confusion for their former treatment. On
my part I beg leave to assure your Lordships, that I make all
possible advances to bring them into a right sense of their
duty to H.M. ; and to cultivate any good inclinations in them
to that end. I intend in a few days to return to Antegoa, to
hold the Chancery Court, and discharge the other offices of
my Government. That Island is in a most deplorable condition
from the dry weather, which has continued for eight months
past ; there having been no rain fallen there, till within this
three days. So that they have not only lost their crop for this
year and the next ; but have been obliged to bring all their
water, from Guardeloupe and Mountserrat ; which was sold
at 15^. a hogshead, which has occasioned the loss of many of
their cattle and negroes. Nevis is in the same condition as
to their crops. But St. Christophers and Mountserrat have
had better fortune as to weather. Yet upon the least compu-
tation that I can make I do not find there will be more than
one third part of the sugar made this year, in proportion to
the last : which will be a very great loss to the Revenue ;
and many of the middling and poorer planters will be utterly
undone. For they are not only disappointed of their crops
for two years, but are obliged to buy provisions for themselves
and negroes, upon credit from the merchants. Signed, Jo.
Hart. Endorsed, Reed. 5th, Read 6th July, 1726. 14 pp.
[C.O. 152, 15. ff. (including abstract) 260-268^., 2690.]
May 20. ^ 52. Petition of the Merchants of London and others
trading to and interested in the British Colonies in America.
It has been a general practice, with the subjects of his Catholic
Majesty in the West Indies, for several years past to fit out
vessels in a warlike manner, on pretence of gaurding their
coasts from unlawful traders : but, in reality under colour of
such commissions have committed many depradations, and
other acts of hostility, on your Majesty's subjects, on the
high seas, and even on the coasts of Jamaica ; where they have
landed in the remote parts, plundered the inhabitants, and
AMERICA AND WEST INDIES. 75
1726.
at times carried away above 300 negroes. It is notorious
those guarda de la costa's, as they are called, never met with
an English vessel, and could overcome, which they did not take,
destroy or plunder, and to intimidate them, have frequently
hoisted and fought under pirate's colours. Many of your
Majestie's subjects have been killed and wounded in defence
of their vessels and goods, and several in cool blood : and that
the damages sustained in this unlawful manner since the Peace
of Utrecht have amounted to above 300,000. Notwithstanding
applications have been made from time to time to the Spanish
Governours, and other Officers in America not only by the
unhappy sufferers, % but also by the Governours of your Majestie's
Colonies ; yet they have not been attended with any manner
of satisfaction or redress ; the dilatory, unfair and expensive
proceedings in their Courts of Judicature rendring all attempts
of that kind exceeding difficult, and even impracticable, inso-
much that several have quitted their claims, rather than to
follow them from Court to Court, and at length be obliged to
leave their affairs in America, and go to Madrid and sollicit
justice at the expence of their time and money, and loss of
their business, which might end in their ruin. In regard to
the difficulty, and even the impossibility of obtaining redress,
since we have fully experienced, the unreasonable delays and
evasive answers of the Spanish Governours and other Officers
in America, and that your Majestie's subjects never obtained
any manner of satisfaction by their application to them, nor
even at the Court of Madrid, we humbly hope your Majesty
will be pleased to grant letters of reprisal to such of your subjects
as have been injured (in like manner as the French and other
Nations do) on due proof of the illegal captures and other
depredations, pursuant to the intent and meaning of the 14th
Article of the Treaty with Spain in 1670 : or to take such other
measures for the preservation of the Trade in those parts, as
your Majesty in your great wisdom shall think convenient and
proper. 94 signatures. Endorsed, Presented 20th May, 1726.
1 large p. Parchment. [C.O. 5, 4. No. 27 ; and (duplicate
without signatures dated 1718 (?1728) ) 28.]
May 20. 1 53. Mr. Townshend to [? Mr. Delafaye]. Encloses copy
of "a paper I deliver 'd to my Lord Duke at the desire of Mr.
Curzon " etc. Requests dispatch. Signed, T. Townshend.
Endorsed, R. 19th. 1 p. Enclosed,
153. i. [? Mr. Curzon} to [? the Duke of Newcastle] London,
May, 1726. Requests that assistance be given to
John Shipman in his attempt to recover debt from
Charles Chaplin of Port Royal etc. Copy. 1 p.
[C.O. 5, 931. Nos. 15, 15.L]
76
COLONIAL PAPERS.
1726.
May 21.
Whitehall.
1 54. Duke of Newcastle to Governor the Duke of Portland.
Recommends to his favour and protection, so far as may be
agreable to law and justice, the case of Mr. Shipman, who has
some affairs depending with Mr. Charles Chaplin, his brother-
in-law, and for whom Richard Rigby and Edward Pratter are
acting etc. Signed, Holies Newcastle. [C.O. 324, 35. p. 195.]
May 28. 1 55. Address of the Visitors and Governours of the College
of William and Mary in Virginia to the King. Describe founda-
tion and building of the College. Continue : By the deficiency
of the funds, and the extraordinary charge the trustees have
been at, not only in the first building of the College, but in
rebuilding it after it was unfortunately consumed by fire, this
good work hath been so much obstructed, that with their
utmost care and diligence in managing the revenues, they
have not been able hitherto to maintain their full number of
Masters according to the direction and intention of the royal
Founders etc. Pray for H.M. bounty to enable them so to do
etc. Signed, Hugh Drysdale, James Blair, Rector, Robert
Carter, Phill. Ludwell, Nathll. Harrison, Cole Digges, Peter
Beverley, Joh. Robinson, John Grymes, Emmanuel Jones,
John Skaife, William Randolph, Wm. Cole, John Randolph,
Wil. Robertson. Endorsed, Rd. Mar. 21st, 172'f . Seal of College.
1 large p. [C.O. 5, 1337. No. 34.]
May[ ]
St. James's.
June 1.
St. James's.
June 1.
St. James's.
June 1.
Jamaica,
Spanish
Town.
156. H.M. Licence to Ralph Gulston to cut trees in New
England in pursuance of a contract for six shiploads of masts,
yards and bowsprits for the Navy to be delivered in 1728-1731.
Unsigned. 3 pp. [C.O. 5, 752. No. 33.]
157. H.M. W T arrant for affixing the Great Seal to two
Commissions for ships for seizing pirates in their respective
voyages to Madagascar and Buenos Ayres. Countersigned,
Holies Newcastle. [C.O. 324, 35. pp. 196, 197.]
1 58. Copies of the two Commissions referred to in preceding.
[C.O. 324, 35. pp. 197-200.]
159. Governor the Duke of Portland to the Council of
Trade and Plantations. As the importance of the matters
represented to your Lordships in what I wrote in Dec. and
Jan. etc., may have given occasion for some new Instructions
to be sent, before your Lordships can have known the event
of those struggles I then laboured under, a full account whereof
was sent the llth April etc., I judged it would not be improper
to try, and am accordingly takeing such measures I can to
gett a new, and if possible a better dispos'd Assembly than
the last has lately been, so as not to be preposes'd with a spirit
of opposition, but more dispos'd to comply with such further
AMERICA AND WEST INDIES. 77
1726.
instructions as H.M. may judge proper, either before or upon
his being acquainted with what has past in the last Sessions,
of all which I now transmit the duplicates. The general
tranquility and satisfaction that has ensued, and continued
ever since the passing of this last Perpetuity Bill sent over,
(and seems in great measure owing thereunto) is such, that
as it makes me hope I may be able to gett H.M. expectation
answered, as to any thing not materially differing or
inconsistent with that Bill, it also satisfies me that the aiming
at any thing in contradiction thereto, or in opposition to their
pretended rights and priviledges, (except H.M. pleasure there-
upon be fully signified and the hands of the Government
effectually strengthened) how well soever the new Assembly
may happen to come disposed, will be vain and hopeless.
What may deserve some consideration My Lords is that the
many inconveniencies and discontents there were, before the
passing of that bill, were such as that no body could well then
have took upon himself to have answer'd for all the hazards
he would have been expos'd to ; but what would the confusion
and distraction by this time have been, especially at this
juncture, when people are fill'd with rumours and expectations
of warr, had they been continu'd any longer without laws.
Having by some of the last ships that came from England
received a pamphlet entitled the State of the Island of Jamaica
etc. which is said to have made some noise there, it ought not
to pass unobserved by me, it plainly appears to be a collection
of facts, that, for the most part, have happened before my
arrival here, and seems at this time published to answer some
private view, with an apparent indication of finding fault with
the Government. Altho' the particulars therein mention'd
will some of them meet with their answers at home, others are
grounded on nothing but malice, as can plainly be made appear
if thought of moment enough to be taken notice of, or enquired
into, and the rest excepting some observations concerning
trade, which are confessedly good, are general representations
and assertions with respect to the state and circumstances of
the Island, grounded upon imaginary conciets, without the
least colour of truth to support them. I cannot help taking
some notice of the want of candour there is in the blending of
all those facts together as an uniform complaint against the
present Government, and of the carefull omission of such
particulars as might tend either to my proper vindication, or
to the setting of those facts in a true or fair light, as may appear
by comparing what is publish'd of the Assemblies proceedings
with their Minuits, wherein the publisher of this pamphlett has
omitted taking any notice of that Address whereby the Assembly
after all their enquiries and complaints were over vizt. upon
the 14th of October do fully acquit me from any imputation,
by confessing, that as they never doubted my inclinations to
78 COLONIAL PAPERS.
1726.
serve them, so they were entirely satisfied by my actions, of
my constant endeavours to promote the tranquility, advantage,
and prosperity of this Island. I suppose it is for the same
reason that in the second Resolution page 76 : about the ill
accomodation of the soldiers, and that barracks should be
built for them, he concludes it with the words that an Address
should be presented to His Grace etc., and so leaves it as a
matter incumbent on and neglected by me, purposely omitting
the latter part of the same resolution, which directs a clause
to be incerted in the Deficiencie Bill for the raising of money
for providing necessaries for the soldiers, which would have
shewn that no provision had ever been before made by the
Assembly for that purpose, nor none as yett, but an imaginary
creditt. As to what concerns any losses sustained from the
Spaniards by depredations on the shore, in taking off of negroes,
had the author added any dates to those depredations it would
appear that none at all of that kind have happened in my
time, as has in a great measure if not wholly been oweing to
the Comodores employing of the man of warr sloop which was
done at my instance, and that is also carefully omitted, tho'
appearing by the Minuits, and as to any losses of shipping
since my coming, which by the dates in his printed list will
appear to have been far fewer than formerly, I can give full
satisfaction that I have upon every representation or complaint
of that kind taken the most effectual measures, not only by
letters sent to the respective Governours, but have even
prevailed with some of the men of warr to carry them with an
express charge to claim and insist to have right done to H.M.
subjects ; and have often recommended to the persons injured
to give me a true state of the facts, that I might transmit and
represent the same at Home. But the merchants who have
made the greatest complaints have so entirely neglected this
recommendation, that I can't help thinking their totall neglect
of it, to be grounded on that supposition I have in former letters
so fully represented, as if the assistance of the Government in
their affairs was not requisite, but that applications thro' other
channels at Home were the shortest and most effectual way of
proceeding : in which opinion they are confirm'd by the
behaviour of the men of warr, who take upon themselves,
without the least participation of the Government, the intire
management and protection of the Trade ; which should free
the Government here from imputation for any loss in that
respect, tho' at the same time it makes the merchants conclude
it to be entirely insignificant with respect to their concerns ;
the rather too because they cannot but observe (which I
unwillingly do, and would not take notice of further than to
take of the least suspition of neglicence here) the delay at
home in answering such things as have been represented and
required a speedy answer, and that those complaints which
AMERICA AND WEST INDIES.
79
1726.
have been made in this respect have been dropp'd, or laid
aside without any answers, tho' expected. There is not only
too much foundation given for the inculcating of this notion
by the proceedings of the Lords of the Admiralty, who seem
chiefly to support and favour those who affect to act independent
and in direct opposition to the Government ; But likewise by
the negligent and disrespectfull behaviour of most of the Sea
Officers, of which, tho' I have already given your Lordships
some instances, I cannot forbear taking notice of a fresh one,
and that is in relation to Captain Solgard, who as I am inform'd,
upon his late coming hither could find leisure enough to go
on shore for his refreshment, for two or three days, while the
other ships were preparing to go out with him, but in all that
time, or whilst he was here, would not treat the Government
with that decorum or respect as to make me one single visit,
or even to send me the lest direct message or signification of
his arrival, but left it for me to be aprized of by hearsay. A
sort of treatment he would scarcely have used had I stood
here without any character from H.M., but in that capacity
exposes me to disagreeable and strange reflections. The
notion also which I understand is entertain'd at home by some
people, as if I had much concern'd myself in protecting and
screening of the Marquis Du Quesne from the enquiries of the
Assembly, must be owing to some such like disingenuous
representation of that affair, since I gave them, as will partly
appear by their Minuits, all the room, and all the aid I could
to their enquiries, expressing my desire to be fully informed
of all just reasons of complaint, and showing no dislike, but to
the manner of their proceeding, as unusual, and, seemingly
at least, abitrary ; and that [at] a time when no body could
guess upon whom it would fall, it ariseing plainly from an
inclination to find fault, with or without reason, as appear'd
in the progress of that matter. For after shewing their spleen
against the friends of the Government, and upon the strictest
examination finding nothing they could lay hold of to charge
my self, as in effect is confessed by their Address, as it was
necessary there should be something done to save their credits,
and ingratiate themselves with the people, they attacqued
Marquis Du Quesne, who, after seeing what they had to charge
him with, which with difficulty he obtain'd, or their leave to
make his defence, gave in such an answer to their charge (which
answer the compiler of the forementioned pamphlett has not
thought proper to take the least notice of) as gave satisfaction
to the Publick, and was thought would have satisfied the
Assembly, had not their honour been too far engaged to let a
thing drop which they had begun and prosecuted with so much
fury. And after all, as they to prevent the matters being
taken into consideration in Council, hook'd them also into their
censure, and instead of making any application to the Govern-
80 COLONIAL PAPERS.
1726.
ment here for redress, (which had they realy desir'd it, would
have been the properest and speediest method) ended the
affair with an Address to H.M., which made every body conclude
their designs therein was only to raise a dust and leave it there,
and as the Council were intent to enter upon their own vindica-
tion in the matter, and would certainly have pass'd such a
censure on the Assembly's proceedings, as would have thrown
all things into a flame, it was thought most adviseable to
forbear any further proceedings in the affair, and to drop it
in the manner it has been. Encloses the publick accompts
audited and stated in due form, etc., which it was impossible
to do sooner, by reason of the death (a good while past) of
Mr. Poyntz the late deputy Auditor, and of his long sickness
before etc., and that it is but lately another, Mr. Tymmes,
was appointed. The like obstruction has been with respect
to the affairs of the Naval Office, wherein by deaths and
removals, such an interruption of business has happened, as
has made it impracticable to have any such accompts as are
required to be sent home. But the present Officer Mr. Montel
having directions for that purpose, they shall likewise be
transmitted with that expedition I can. I am to acknowledge
the receiving (since writing of the foregoing) of your Lordships
letter of the 4th of March last, and am very glad to find thereby
that the refusal of my assent to that bill which had a clause to
repeal the Additional Revenue Bill etc. is approved of by your
Lordships. But I think it incumbent on me to represent,
that the method intimated of sending hither the draught of a
bill to perpetuate the laws, is in my opinion the most likely
of all others to be attended with disapointment, distraction,
and confusion, there being nothing more repugnant, nor so
averse to the temper and disposition of the people here ; as may
sufficiently appear by the Minuits of the Assembly, and more
particularly by their address of the 25th of February last.
And as such a draught cant be proposed whilst the perpetuity
bill last sent over stands in the way, and continues so to do
till H.M. pleasure concerning the same be signified, and as I
can't apprehend that the publishing or proposing of any such
draught can be of any manner of use or service, but quite the
contrary, since I have too much reason to believe they never
will, unless directly compelled, give way to any bill that hath
not its first rise among themselves ; so in case it should be
H.M. pleasure to insist on their so doing, and to reject the
Perpetuity Bill last transmitted, it will be absolutely necessary
to strengthen the hands of the Government, with such means
of compulsion, and such instructions about the application
of those means, as may justifie the use of them, and let these
people see it will be vain for them to contend any longer with
the Government. It may also be well worth considering,
whether their obedience to any law obtain'd in such a manner,
AMERICA AND WEST INDIES. 81
1726.
may any longer be depended on, than while the same means
shall be kept up, by which it may happen to be obtained, and
this consideration My Lords deserves to be put into some
ballance with the weight of any such objection as may be made
to any bill or bills transmitted with meer respect to their having
had their rise here. I must therefore earnestly desire,
particularly in case new Instructions be framed and sent before
notice or the arrival of what I lately have sent over, and now
transmit duplicates of, that there may be no time lost in con-
sidering and letting me have H.M. further instructions, and
sentiments in relation thereunto. I can't inform your Lord-
ships where, or how it has happened that the contents of my
letters have been exposed. But I can affirm that I my self have
seen whole paragraphs, copied out of my letters to your Lord-
ships, that have been transmitted to private persons here from
England, and agree almost verbatim with the originals. I
don't doubt but by your Lordships prudent care, if it proceeded
from any of your Officers, that such a practice will for the
future be prevented, etc. P.S. I believe it will be neither
improper, nor disagreeable, to acquaint your Lordships that
I have lately received a letter from Admiral Hosier, dated the
21st of last month at Donna Maria bay, where he intended to
stay no longer than to take in wood and water, and then proceed
forthwith according to his Instructions. I am obliged to make
up this pacquet without the duplicate of the Minuits of the
Assembly, which is occasioned by an unexpected disappoint-
ment from their Clerk. Signed, Portland. Endorsed, Reed.
10th Aug., Read 16th Nov., 1726. 6 large pp. Enclosed,
159. i. Accounts of H.M. Revenue, Jamaica, 29th Sept.,
1722 7th April, 1725. Audited by Deane Poyntz,
Depty. Auditor. Endorsed, Reed. 10th Aug., 1726.
22 pp.
159. ii. Accounts of fortifications, Jamaica, 29th Sept.,
1722 7th April, 1725. Audited by John Tymms,
Depty. Auditor. Endorsed as preceding. 12 pp.
159. iii. H.M. Account of Impost, 30th Sept. 1722 7th April,
1725. Audited and endorsed as preceding. 10 pp.
[C.O. 137, 16. ff. 291-293*;., 294t>.-296, 297-300,
302-307?;., 308*;., 309u., 310, 311*;., 312, 313t>., 314,
315-316?;., 3l7v., 318, 319*;., 320, 321-325*;., 326*;.]
June 1. 160. Governor the Duke of Portland to the Duke of New-
castle. Repeats preceding covering letter, omitting paragraph
relating to leakage from his correspondence, and adding : Being
lately honoured with your Grace's letter of 5th March last,
assuring me how little foundation there was for insinuating
as if H.M. intention were to continue the laws from year to
year, in order that I might undeceive those people who had
been made to believe the contrary, it obliges me to referr your
C.P. XXXV 6
82
COLONIAL PAPERS.
172G.
June 2.
New York.
June 2.
New York.
June 2.
June 2.
New York.
Grace to what has past in the three last sessions of the Assembly,
whereby you will see that no endeavours have been wanting
to undeceive them in that point. But that their jealousie and
incredulity has been such, that as it was not to be satisfied
even with what H.M. had declared in his own letter, and by
his Instructions to the same effect, there could in my opinion
have been very little hope of their acquiescing under what
your Grace has certified etc. Signed, Portland. Endorsed,
Rd. 9th. 7 pp. Enclosed,
160. i. Copies of H. E.'s Speeches to the Assembly of Jamaica,
with their Addresses and replies, Jan. 11 9th March.
1725(6). 22 pp. [C.O. 137, 52. ff. 246-249, 251-
1 61 . Governor Burnet to Mr. Stanyan. Refers to appoint-
ment of Lt. Smith (v. following) and requests that his recom-
mendations may in future be speedily laid before His Grace,
" for a great part of my influence here over the Officers depends
on their expectations to be recommended to rise in their turns "
etc. Set out, N.Y. Col. Docs. V. p. 776. Signed, W. Burnet.
Endorsed, Rd. 20th July. Holograph. 2J pp. [C.O. 5,
1092. No. 48.]
162. Governor Burnet to the Duke of Newcastle. Has
received two Commissions confirming the two he had appointed,
and one appointing Lt. Thomas Smith in place of the third
he had appointed, Lt. Walter Butler, who will thereby receive
no pay. Asks that Smith may be ordered to his post etc.
Continues : The Assembly have raised a new support of
Government for three years to come. The funds they have
provided will, I fear, prove deficient etc. The Acts to prohibit
the trade to Canada being all expired, the Assembly has taken
another method for to encourage the trade with the Indians
and discourage that to Canada, by laying a single duty upon
the former and a double duty upon the latter. This method
will be more punctually executed then the laws before in
being, and therefore I hope more effectual tho' less severe etc.
Set out, N.Y. Col. Docs. V. p. 775. Signed, W. Burnet.
Endorsed, Rd. 18th July. 2f pp. Enclosed,
162. i-ii. Duplicate of Nos. 164, 164 i. [C.O. 5, 1092. Nos.
49, 49. i, ii.]
163. Duplicate of preceding covering letter with postscript
of 25th June enclosing an account of the inhabitants of N.
York, 1723. Endorsed, R. Aug. 11. 4 pp. [C.O. 5, 1085.
No. 57.]
164. Governor Burnet to the Council of Trade and Planta-
tions. Replies to queries of 1st Oct. 1725. Has given orders
for the return of accounts of revenue, quit-rents, escheats
AMERICA AND WEST INDIES. 83
1726.
etc. Had heard that the accounts yearly transmitted to the
Treasury would be accepted as a sufficient compliance with his
Instructions on that head etc. As to numbers of planters,
refers to account sent 16th Dec., 1723. Continues : I would
have ordered the like account to be taken in New Jersey, but
I was advised that it might make the people uneasy, they
being generally of a New England extraction and thereby
enthusiasts, and that they would take it for a repetition of the
sin that David committed, and might bring in the like judgments
etc. But since your Lordships require it, I will give the orders
to the Sheriffs etc. As to accounts of christenings and burials,
they have never been kept regularly, and it would be extremely
difficult to bring it to bear for here in New York, there are not
Church of England Ministers in half of the counties. And
there are many Dutch and some French and some Dissenting
Ministers that baptise and bury, some of which keep no account,
and others that perhaps, do understand no English. In New
Jersey there are few Church of England Ministers, several
dissenting Ministers, who keep no account and many Quakers
who are never baptised. Has made or given directions for
making the other returns required etc. Concludes : I have
met the Assembly here this spring, and they are now ready to
break up. I could not obtain of them a new support for longer
then three years, nor is it sufficient by 3 or 400 a year to defray
all the usual charges of Government, but it was necessary to
take as much as could be got at this time, because the old
Revenue expires on the 13th of this very month and I must
make it my business to get them to supply the deficiencys as
they fall out, from year to year. As to the Acts to prohibit
the trade to Canada and to encourage the trade with the far
Indians, I found the former laws were so ill put in execution,
by the people of Albany's screening and concealing one another,
that I have thought it best to come into a new method, which
is by laying a duty of 30s. on every peice of strouds carried to
Canada, and 15s. on what is to go to the side of Lake Ontario.
These duty's will be effectually raised and will make a difference ;
but I found that the old laws would not have signifyed anything,
if the oath had been made less severe as I have been informed
your Lordships reported it ought to be etc. P.S. June 25th.
Refers to enclosures. Set out, N.Y. Col. Docs. V. pp. 776-
779. Signed, W. Burnet. Endorsed, Reed. 19th Aug., 1726,
Read 22nd Feb., 172f . 8 pp. Enclosed,
164. i. Number of inhabitants of New York, 1723. Totals,
Whites, 34,375 ; Negroes, 6205. v. N.Y. Col. Docs.
V. p. 702. Endorsed, Reed. 19th Aug., 1726. 2 pp.
164. ii. Account of escheats at New York, Dec., 1721
June, 1726. Total, 35 Qs. 8d. Endorsed as preceding.
2 pp. [C.O. 5, 1054. ff. 75-79, 80-81, 82jy.-83r>. ;
84
COLONIAL PAPERS.
1726.
June 2.
New York.
and (duplicate of covering letter only, without poster ipt,
and endorsed, Reed. 18th July, Read Feb. 22nd, 1726)
84-87 v.]
165. Governor Burnet to Mr. Popple. Acknowledges letter of
1st Oct. received on 23rd May. Has therefore had no time to get
the accounts required ready. Continues : There were ships
that arrived here last fall who left England a fortnight after
the date of your letter, and two that arrived this spring from
England who left London a month before the ship that brought
your letter. I am at a loss to know whence this delay comes,
but I was obliged to inform the Lords of it, that they may not
think me remiss in answering letters. The Minutes of Council
and Assembly which you miss were certainly sent, and I beleive
received, but however I have ordered new copys to be prepared.
P.S. I now send the minutes of Assembly for 1724 which
were missing. Signed, W. Burnet. Endorsed, Reed. 18th
July, 1726, Read 22nd Feb., 172&. 1 p. [C.O. 5, 1054. ff.
88, 89u.]
June 3.
Boston.
166. Mr. Willard to Mr. Popple. Encloses Minutes of
Council and of Assembly and Acts passed at Session held 5th
Nov., 1725. " This is the first good conveyance we have had
for this month past." Signed, Josiah Willard. Endorsed,
Reed. 26th July, Read llth Aug., 1726. f p. [C.O. 5, 869.
ff. 327, 327u.]
June 13.
Whitehall.
167. Duke of Newcastle to the Governor of Pennsilvania.
On the application of the Swedish Envoy, requests that the
children of Isaac Bauer, formerly Lt.-Col. of Swedish troops in
service of Holland, who died in Pennsilvania, may be sent to
their uncle in Sweden for their education etc. Signed, Holies
Newcastle. Annexed,
167. i. John Bauer to the Swedish Envoy. Stockholm,
19th May, 1726. Request as preceding. After the
Peace of Utrecht his brother went to the West Indies
and there married etc. Translation. [C.O. 324, 35.
pp. 201-203.]
June 14.
Whitehall.
168. Order of Committee of Council. Referring repre-
sentation and draught of Revenue Act for Jamaica to the
Attorney and Solicitor General, for their report on 21st June.
Signed, Temple Stanyan. Endorsed, Reed., Read 20th Oct.,
1726. 1 p. Enclosed,
168. i. Mr. Attorney and Mr. Solicitor General to the Lords
of the Committee of Privy Council. In reply to
preceding, propose some amendments. Copy. 3 pp.
[C.O. 137, 16. ff. 287, 288-289, 290u.]
AMERICA AND WEST INDIES.
85
1726.
June 19.
169. Lords Proprietors of Carolina to the King. Pray
that the following Articles may be inserted into the Instructions
of the Provisional Governor of South Carolina, (i) That he
be assisting to the Proprietors in their demands of their just
dues and rights by their Charter etc., and especially in collecting
and receiving their quit-rents etc. ; that in case any difference
should arise between the Proprietors' Officers, and the Planters,
in collecting their cheif rents etc. such differences may be
immeediately heard, and determined, according to the customs,
and laws of the Province, and Justice between them may be
equally and impartially administered. Petitioners humbly
conceive that if a Register was established in the said Province
where the grants that have been made, and those which shall
hereafter be made should be entered, and the quantitys of lands
granted, and the cheife rents therein reserved should be
expressed ; it would put an end to all disputes of that nature
that could arise, and the peace and quiet of the country would
be settled and established, (ii) That the Provisional Governor
be directed to continue such Officers (as by their sd. Charter
your petitioners have power to appoint) in their several and
respective offices, and imployments, during their good be-
haviour, and that they may be countenanced, and protected
whilst they justly perform the dutys of their imployments.
(iii) Many of the inhabitants after they had deposed petitioners'
Governor (who was approved by your Majestic) did after an
illegal and unwarrantable mannor, enter into and possess
themselves of the lands of petitioners without any claim or
right thereunto, and therein did cut down great quantities of
the most valuable wood and timber, which has reduced those
lands to less than half the value they were esteemed at before ;
upon which account great injury and damage has been done
to the estates of your petitioner's Governor may be instructed
to turn those illegal intruders out of your petitioners lands,
and that your petitioners may again be restored to their antient
inheritance and that a stop may be put to such illegal proceedings
for the future etc. These Instructions would tend greatly to
the settlement of the peace, quiet and happiness of that Colony,
and to the support of the just rights of the Proprietors etc.
Mmd. All the Lords signed this. [C.O. 5, 290. pp. 175, 176.]
June 20 170. Governor Phenney to the Council of Trade and Planta-
N. Provi-' tions. Refers to letter of 28th Jan. and encloses Minutes of
dence. Council and Custom House papers etc. Continues : We have
acted in all cases with an honest intention and to the best of
our knowledge, and hope you'l please to grant us some indul-
gence on account of the circumstances of this Colony, being
here almost totally without precedents, but as we have from
time "to time collected them from our neighbours. A rumour
we have had for a month past of a war obliges me to remind
86
COLONIAL PAPERS.
1726.
June 20.
N. Provi-
dence.
June 21
Whitehall.
June 21,
Whitehall.
June 22.
Whitehall.
June 24.
your Lordships of our great want of gunpowder, carriages and
other stores, our largest canon being all dismounted, and what
carriages I have made here being of little use for want of a good
wheelwright etc. Signed, G. Phenney. Endorsed, Reed. 26th,
Read 27th Jan., 172?. 1 J pp. [C.O. 23, 2. ff. 37-380.]
1 71 . Same to the Duke of Newcastle. Acknowledges letter of
29th Oct. last, in relation to Mr. Wood's Patent for the coyning
of half-pence, pence and two pences for the use of H.M.
Dominions in America, and shall be aiding and assisting him
as your Grace orders etc. Concludes as preceding. Signed,
G. Phenney. Endorsed, Rd. 25th Jan., 172?. If pp. Enclosed,
171. i. Minutes of Council of the Bahama Islands, 14th Nov.,
1721 16th May, 1726. 265 pp.
171. ii, iii. List of ships entered and cleared from Providence
26th Dec., 1725 25th March, 1726. Signed, Jno.
Warner, Nav. Off. 3 pp. [C.O. 23, 13. ff, 285,
2850., 2860., 288-422, 4240., 426, 4270.]
172. Mr. Popple to Mr. Fane. Requests his opinion in
point of law whether the Act of Parliament giving further
encouragement for the importation of Naval Stores etc. can be
construed to take away the right reserved to the Crown - by
the Charter of the Massachusetts Bay of trees of 24 in. diameter
etc. v. Feb. 16th, 1726. [C.O. 5, 915. pp. 456, 457.]
173. Order of Committee of Council. Referring back to
the Council of Trade and Plantations their report of 30th
March upon Governor Shute's petition. They are to consider
of the most effectual methods proper to be taken, to oblige
the Councils and Assemblys of the Massachusetts Bay and New
Hampshire to pay the petitioner's arrears and to settle a fixed
and perpetual salary on H.M. Governor suitable to the dignity
of his post. Signed, Temple Stanyan. Endorsed, Reed. 30th
June, Read 6th July, 1726. 1 p. Enclosed,
173. i. Copy of Governor Shute's Memorial. 0. 4th March.
[C.O. 5, 869. ff. 263, 264-265, 2660.]
174. Duke of Newcastle to Governor Worseley. Recom-
mends to his favour and protection, so far as may be agreable
to law and justice, the case of Henry Morgan, relating to a
grant from the Crown to him and his wife of the possession of
an estate in Barbados till a debt of 3,500 be paid him, due by
mortgage and judgment enrolled etc. Signed, Holies Newcastle.
[C.O. 324, 35. pp. 203, 204.]
175. Petty expences of the Board of Trade, Lady Day to
Midsummer 148 19s. 2fd. Postage, 13 Is. 4>d. Stationery,
79 165. 4>d. Endorsed, Reed., Read, July 14, 1726. 7 pp.
[C.O. 388, 78. ff. 143, 1440., 147-1480., 150, 1500.]
AMERICA AND WEST INDIES.
87
1726.
June 24.
Whitehall.
June 24.
Whitehall.
June 24.
Whitehall.
June 25.
June 28.
June 28.
Whitehall.
176. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 6 Acts passed in New Jersey, 1725. (i) for the
support of the Government, Sept. 1725-1730, (ii) to lay a
duty on wheat etc., (iii) to ascertain the size of casks etc. ; (iv)
for the better regulating of elections etc ; (v) concerning the
appointment of the Commissioners of the Loan Office etc. ; and
(vi) prescribing the forms of declaration of fidelity, abjuration
and affirmation etc. [C.O. 5, 996. pp. 142, 143.]
1 77. Council of Trade and Plantations to Governor Burnet.
Acknowledge letter etc. Refer to discrepancies between his
acounts of exports of furs and those of Custom House. Mr.
Kennedy is appointed to the Council. Ask for return of negroes
imported. P.S. Instruction as to correspondence as in
Postscript to June 30 etc. Set out, N.Y. Col. Docs. V, pp.
779, 780. [C.O. 5, 1124. pp. 384-387 ; and (rough draft) 5,
1079. No. 143.]
178. Mr. Popple to Same. Refers to discrepancies in
returns of exports of furs owing to his merely recording number
of cases without number or value of contents. Requests that
accounts of furs and skins may be kept in future in accordance
with the Custom House method, enclosed. Set out, N.Y. Col.
Docs. V. pp. 780, 781. [C.O. 5, 1124. pp. 388-390 ; and
(rough draft) 5, 1079. No. 144.]
1 79. Governor Burnet to Mr. Popple. Encloses a duplicate of
part of postscript to 2nd June. Signed, W. Burnet. Endorsed,
Reed. 19th Aug., 1726, Read 23rd Feb., 172']. 1 p. [C.O. 5,
1054. ff. 90, 91u.]
180. Account of negroes imported into Virginia 1710-1718.
Endorsed, Reed, (from Col. Spotswood), Read 28th June, 1726.
7 pp. [C.O. 5, 1320. ff. 5-7, 8-100.]
1 81 . Council of Trade and Plantations to Governor Burnet.
Acknowledge letters of 12th May, 1724, and 2nd Jan., 1725,
" as also the several Acts and other public papers therein
mentioned, which we desire you will be punctual in transmitting
for the future " etc. Enclose Attorney and Solicitor General's
report upon gold and silver mines in New Jersey (v. 30th Nov.,
1723). Continue : We have considered the Act for an addi-
tional support of this Government and making current 40,000
in bills of credit etc. We must take notice to you upon this
occasion, that we are very cautious of recommending to the
King the confirmation of any bills of this nature, considering
the many ill consequences, we have observed to proceed from
them ; But as in this bill proper care seems to be taken of the
security required from those to whom these bills shall be lent,
88 COLONIAL PAPERS.
1726.
and that the bills to be raised by this Act would be sunk in
tenn years time, if the manner prescribed for sinking them,
were punctually put in execution, and that there would then
be a profit to the public of 5,772, we shall let this Act lye by
probationary, in hopes it may answer the end proposed by it :
But it is with some concern, that we are obliged to observe,
you have already broken into the appropriation of this Act
by an Act for the support of the Government of New Jersey,
commencing 23rd Sept., 1725, and ending 23rd Sept., 1730,
by which you take away from your sinking fund the first year's
intrest arrising upon the bills lent out, which proceeding is a
very bad precedent, and we apprehend will be detrimental to
the credit of your paper money. Proceedings of this nature
have had that effect in other Colonies, where at the first setting
out, they have made very good laws for sinking the paper bills,
but have afterwards broken in upon the funds appropriated
for that purpose : we must therefore recommend to you, to
take particular care that no further alteration be made in the
funds given by the first Act for sinking the paper bills : and
we shall let this second Act likewise ly by probationary, till we
hear further from you ; we observe, that the whole provision
made by this last mentioned Act for the service of the Govern-
ment for five years amounts to 6350 7s. Od. of which 2410 7s.
is said to be necessary for the first year's service only, which
greatly exceeds the general provision for the whole five years ;
we apprehend this may be best explained by an account of the
annual charge and income of the Province, which we desire
you will send us, as also the like account for New York. [C.O.
5, 996. pp. 137-140.]
June 28. 182. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
Whitehall. Encloses, for their opinion in point of law, extract of letter
from Lt.-Gov. Drysdale, and queries relating to the case between
the King and the Proprietor of the Northern Neck etc. [C.O.
5, 1365. p. 287.]
June 29. 183. Lt. Governor Drysdale to the Council of Trade and
virga. Plantations. Sends returns required Oct. 1st : The forming
a list of twelve persons fitly qualified to supply the vacancies
in the Councell, is a task more difficult than at first I appre-
hended ; and the more I consider of the qualifications requisite
in those who ought to fill that post, the more I am concerned,
lest by any mistake in my choice, I should doe a disservice
to the Crown, or Country : for a knowledge of in the law, is a
requisite, as principles of loyalty, where the Councell are the
onely judges of men's properties and estates and few gentlemen
here has made much progress in that study : Again, the gentle-
men of the best estates here, are so nearly linked by blood or
by intermarriages, that I cannot judge itt adviseable to put
AMERICA AND WEST INDIES. 89
1726.
the power of judicature in the Genii. Court too much into one
family : some again are well qualified as to their circumstances,
but are barren in their intellects : others of good sence and
understanding, want ye advantage of a suitable fortune etc.
These difficulties together with an ill state of health for a long
time past which has hindred mee from the personall knowledge
of many of the Gentm. of the country that live remote, and
ye apprehension of being deceived in the charecters of men,
has hitherto obstructed the sending that list required etc.
Encloses list that will suffice for some time (v. encl. i). Continues :
The number of planters and inhabitants are onely to be
known by the list of tithables, etc. v. encl. ii, iii. Continues :
As to the condition of the batteries erected for the defence of
the sevll. rivers, (for forts there are none) your Ldpps. will bee
pleased to know, that about 1720 there were erected etc., on
Point Comfort at the mouth of James River a battery of 21
gunns : but itt was so ill situated, and the work so badly
finish'd, that a great part of itt was broke down and carried
away, by the storm and inundation that happened in Augt.,
1724, so that there remains now onely 10 gunns mounted, and
another such storm would render them useless. Two batteries
opposite to one another on York river, the one at York town,
on the South side, of ten gunns, the other att TindalPs point
on the North of 14 gunns, both in pretty good repair. A
batterie of six gunns at ye mouth of Coretomen river which
falls into Rappa. about ten miles from the mouth thereof ;
another of the like number of gunns about 40 miles up Rappa-
hanock river, at a place called Hobbs's hole, where the shipps
usuall ride : both these batteries are in good repair. But
many of the cannon having been long in the country and little
care taken of them, are become so decay 'd and eaten up with
rust, that they will bee of small service, if ever there should
bee occasion to use them ; and your Lddspps. will likewise
observe from the account of the stores, how slenderly these
batteries are furnish'd with shott and with gunners' stores
and that there is not one skane of match in the country.
The obtaining a compleat mapp of the Colony would bee a
work very desireable but withall of so much expence, as has
made any attempt of that kind impracticable, and I fear is
little to bee hoped for, til the country grows richer. As to the
strength and situation of our neighbours, 'tis the happyness
of Virga. to bee seated almost in the centre of ye Brittish
Empire on this Continent : there is not any European Nation
inhabiting near us : wee have N. and S. Carolina between us
and the Spaniard : Maryland, Pensylvania, Jersey and New
York between us and the French ; so that unless the French
have extended their setlements to the westward of us (of wch.
wee know nothing at present) wee have no neighbours that
can at this time give us any disturbance : As to the Indians,
COLONIAL PAPERS.
1726.
there is not any considerable nation within some hundreds
of miles of our frontiers : and the few tributaries that live
amongst us, are inconsiderable, and withall so divided among
themselves that they seem rather to want our protection, than
to seek to give us any umbrage. Refers to other enclosures.
Continues : The Courts of Judicature in this country are
1st the Genii. Court which is held twice a year in April and
October at Wms burgh : the judges are the Govr. and Councell
etc. Refers to Act of 1705 for establishing the General Court,
"in which Act your Ldpps. will see the whole extent of its
jurisdiction : the salary to the Councell, is 350 per ann., dis-
tributed among them according to their respective attendancies
in the Genii. Courts and Assemblys : The Sheriffe of York
County and his deputies are the officers attending that Court :
for which he has 2000 weight of tobacco for each Court paid
him by the Genii. Assembly : the cheife Clerk of the Secretary's
Office is clerk of the Genii. Court, and the fees on all causes
prosecuted there, are paid to the Secretary of this Dominion.
The Courts of Oyer and Terminer held the 2nd Tuesday in
June and Deer, are established pursuant to H.M. Instructions
etc. It is held by speciall Comission from the Governour
directed to the Councell, who lays claim to the priviledge of
being the onely judges : the Clerk of the Secretary's Office is
also Clerk to this Court, and the Sheriffe's of York and James
City summon and attend with a grand and petit jury, for
which they have an allowance out of the 100 allow'd for the
charge of each Court, and the rest is distributed amongst such
of the Councell as attend the service. The County Courts are
held once a month in each county, and are constituted by
comission from the Governour to such Justices as he with the
advice of ye Councell thinks fitt to nominate in each county,
who are termed Justices of the Peace and are not limited to
any certain number, but generally proportioned to the extent
of the severall counties : these have noe sallary, nor other
profitt from their places : the Sheriffe of the county is the
officer of the Court, and is always nominated from among the
Justices : the Clerk of evry County Court is appointed by the
Secretary and is removeable at his pleasure etc. Refers to Act
of 1710, for establishing the County Courts etc. Describes
Court of Vice- Admiralty etc. Continues : The cheife buisness
for this Court is prosecutions of shipps for breaches of the Act
of Trade, and suits for mariners' wages etc. It is a Court that
has very little buisness, and perhapps the less, because its
jurisdiction is as little known, as the methods of proceedings
therein : yett it is to be wish'd that some certain forms were
establish'd for the better regulating thereof, it being a judicatory
absolutely necessary, for the better putting in execution
the Acts of Trade etc. The Court of Hustings of the City of
Wmsburgh. is a Court of Record, erected by letters patents
AMERICA AND WEST INDIES. 91
1726
under the Seal of the Colony by the late Governr. The Judges
are the Mayor, Recorder, and Aldermen, their jurisdiction is
limited to causes of 20 value arising within the precincts of
the Corporation : and these act as Justices of the Peace therein :
they have a town clerk, and a marshall, whose fees are the
same as those of the County Court etc. The fees to the officers
of each Court except that of the Admiralty are contain'd in
an Act of 1718, for ascertaining the fees of the Secretary etc.
Continues : The one patent office exercised here by a deputy,
is, that of the Auditor Genii, of the Plantations, whose deputy
is Nathll. Harrison Esqr., one of H.M. Councell, a person of
good charecter and capacity, and who has hitherto discharg'd
that trust with diligence and fidelity : This office must always
bee executed by a Deputy, since the severall parts of his
province being so remote from one another, it is impracticable
for the Auditor Genii, to act in all places in person, and I appre-
hend from the first institution, a personall attendance in America
was never intended to bee required of this Officer : neither doe
I conceive any prejudice to H.M. service, while he appoints
fitt persons to act in his stead. Another officer who holds his
place by patent under the Great Seal is the Secretary of this
Colony, generally granted to a person residing here ; he has
the custody of all the records of the Genii. Court, and of all
instruments that pass under the Seal of the Colony ; and
claims by usage (without any speciall grant in his patent) the
appointment of all the County Court clerks, who under him
have also the custody of the records of those Courts : so that
he may be called rather the Gustos Rutilorum of the Country
than Secretary, for he doth not concern himself in the preparing
any matters of State : This Office from itts first establishmt.
was only granted during pleasure, which made the Secretary
very much dependent on the Governour, and a necessary
assistant to him, in evrything wherein the service of the
Crown was concerned : but the present Secretary has obtained
a patent for that office during life : This may occasion a great
change in the administration of this Government ; since as
the Secretary, he has the absolute disposal of no less than 28
clerkshipps of counties, and all of 'em places of considerable
profitt, and held onely during his pleasure : whenever then a
person in this station shal have a mind to thwart the King's
service, or to carry on any private design of his own, he has
itt in his power to gett each of his clerks return'd one of the
Burgesses for the severall counties, or to gain one Burgess in
each county by the gift of the clerkshipp, and soe to have one
half of the lower House of Assembly intirely in his interest,
and ready to vote as he directs, for which service, they have
the encouragement of this support during his continuance
in his office, that is, as long as he lives : I am farr from reflecting
on the actions of the gentleman now enjoying this post ; I
92 COLONIAL PAPERS.
1726.
am directed by H.M. instructions to report to your Ldspps.
what is fitt to bee done or altered in these patent offices ; and
I think it my duty to lay before your Ldspps. this great change
from the antient constitution etc., and submitt itt to yr. Ldspps.,
what manner the growing power of this officer may bee made
subservient to H.M. interest and service etc. Continues :
As to the wants and defects of the Colony etc., it is much more
easie to describe the wants, than find out means to supply
them : It is most certain there are many things wanting for
the necessary defence of this Colony against forreign invasion :
our harbours lye open to an enemy, against which a few batteries
now in being are but a weak defence : our Militia are ill arm'd,
notwithstanding the strict penalties inflicted by law for not
providing themselves therewith : the common excuse is the
poverty of the planters, who compose the body of the Militia,
occasion'd by the low price of their onely product tobacco :
and the Genii. Assembly have laid aside all thoughts of pro-
viding armes at the publick charge, since they have been
restrain'd from laying duties etc. I design (as soon as the
condition of my health wil give mee leave) to make a more
exact enquiry into the present state of the trade, the improve-
ments which may bee made in those branches already in use,
and what other new products and manufactures may bee
discovered and put in practice, by proper application and
industry, etc. Signed, Hugh Drysdale. Endorsed, Reed. 9th,
Read 14th Sept., 1726. Holograph. 21 pp. Enclosed,
183. i. Gentlemen fitt to supply vacancies in Councell :
Wm. Dandridge, recommended by his Grace the
Duke of Montagu, is an English gent, of a plentifull
fortune etc. John Custis, of a great estate in this
Colony, whose ancestors have been of the Councell,
he is little ally'd to any of the present Councellors ;
his many qualifications renders him fit for that board
etc. Thomas Jones is an English gent, long residing
here, where hee has acquired a very considerable
estate ; he is every way qualified etc. Henry Arm-
stead. Every way qualified. " I place him last, in
expectation that one of the four Councellors now
sitting, who are all nearly ally'd to him in blood,
may dye before it comes to his turn " etc. Signed and
endorsed as preceding. Holograph. 1 p.
183. ii. The present state of Virginia. Lists of officers,
civil and military, magistrates, ministers, Militia,
etc. Tithables (by counties) : Accomack County,
1300; Brunswick, 160; Charles City, 1082; Eliza-
beth City, 813 ; Essex, 2472 ; Gloucester, 3421 ;
Hanover, 1941 ; Henrico, 2453 ; James City, 1347 ;
I. of Wight, 1844 ; King George, 1300 ; King and
Queen, 2685 ; King William, 2389 ; Lancaster, 1249 ;
AMERICA AND WEST INDIES.
93
1726.
Middlesex, 1150 ; Nansemond, 1692 ; New Kent,
1348 ; Norfolk, 1188 ; Northampton, 1044 ; North-
umberland, 1723 ; Princess Anne, 1046 ; Prince
George, 1624 ; Richmond, 1450 ; Spots ylvania, 950 ;
Stafford, 1800 ; Surrey, 2049 ; Warwick, 701 ; West-
morland, 2011 ; York, 1625. Endorsed as preceding.
3 large folded pp.
183. iii. Account of stores of war in and wanting in Virginia.
Same endorsement. 1 p.
183. iv. Account of negroes imported from Africa, 24th
June, 1725-1726. 1671 in 10 ships. Same endorse-
ment. 1 p. [C.O. 5, 1320. ff. 41-51, 52r>.-54, 55,
56, 560., 57, 58u.-59u. ; and (duplicate of No. ii only,
without date or endorsement) 5, 1337. No. 31.]
June 30. 1 84. Council of Trade and Plantations to Governor Phenney.
Whitehall. Acknowledge letters etc. of 10th Aug. and 24th Dec., 1723, 3rd
Dec., 1724, 16th April, 1725 and 26th and 28th Jan., 1726.
The draught of Lord Carteret's bastion (10th Aug., 1723) has
not been received. Continue : We have sent to the Duke
of Newcastle the papers etc. you have transmitted with respect
to the piratical practices of the Spaniards, and hope you will
soon receive a satisfactory answer from his Grace. We are now
preparing a representation to H.M. wherein we shall offer our
opinion that an Assembly may be appointed for the Islands
under your Government pursuant to your request and that some
stores may be sent to you. We shall likewise propose to the
Treasury that the bills in Mr. Mulcaster's hands may be applied
as you and H.M. Council desire. We have discoursed with
the lessees concerning the granting of land in the Bahama
Islands and they have promised to use their endeavours to
get the quit-rents fix'd upon a reasonable rate to encourage
the people to settle with you etc. P.S. We have no regular
accounts in our Office from the Bahama Islands of the number
of negroes that have been annually imported there either by
the African Company or by the separate traders, and therefore
we desire that you will send us by the first opportunity as
perfect an account as you can etc. for as long a space of time
backwards as you can, and that for the future a regular
account may be annually sent etc. As letters from the Govrs.
of H.M. Plantations, as well as the papers referred to in their
letters do frequently miscarry, you are desired for the future
to take notice in the body or postscript of all your letters by
whom you send them, and by the next conveyance constantly
to send duplicates etc. that it may be known to whose neglect
the loss of letters is to be imputed. [C.O. 24, 1. pp. 79-82.]
June 30. 185. Same to Lt. Governor Drysdale. We have lately
Whitehall, had under consideration your letters etc. of 6th June and 10th
COLONIAL PAPERS.
1726.
July, 1724, and 29th Jan., 31st May and 17th Nov., 1725 etc.
We have received the opinion of Mr. Attorney and Sollicitor
General in relation to the exorbitant grants of land made by
Colo. Spotswood, but as we are inform'd that Colo. Spotswood
has petition'd H.M. upon this subject, we are willing to wait
some time before we send you our thoughts upon this matter.
As to the settling the boundaries between Virginia and North
Carolina, the Lords Proprietors having, as we are lately inform'd,
given Instructions to their Governor, to settle them according
to the proposals made by Colo. Spotswood and their late
Governor Mr. Eden, we shall now lay a copy of those proposals
before H.M., for his approbation likewise. We send you inclos'd
a copy of a petition from some merchants of Bristol, praying
to be reimburs'd some duties they have paid in Virginia for
negroes imported there, after the Act for laying a duty on
liquors and slaves, had been repeal'd here, upon which occasion
we desire you will let us know what money has been collected
by virtue of that Act, and how the same has been applied.
We have not as yet receiv'd the opinion of the Commissrs. of
the Customs upon some extracts of your letter in relation to a
vessel having carried English wrought iron from Ireland directly
to Virginia (v. C.S.P. 27th Aug., 1725), but so soon as we receive
their opinion, you shall be inform'd of it. We have sent to
his Grace the Duke of Newcastle several affidavits you sent,
10th July, 1724, relating to ships taken by the Spaniards.
John Grimes is appointed to the Council etc. Repeat preceding
postscript as to returns of negroes imported and correspondence.
Acknowledge letter of 20th April just received. We have
sent the queries enclosed to H.M. Attorney and Solicitor General
(v. 28th June). [C.O. 5, 1365. pp. 288-291.]
July 1-3. -| 86. Copy of surrender to the Lords Proprietors of Carolina
by Thomas Lowndes of a patent for landgraveship with four
baronies of 12,000 acres of land each, purchased by him from
the heirs of John Price deed., and of grants by the Lords
Proprietors to him of four single baronies in lieu thereof, one in
his own name and the other three in the names of three other
persons in trust for him, viz. Isaac Lowndes, Charles Edwards
and John Berresford under the yearly rent of one penny for
every such barony, he being desirous to settle and improve the
said four severall baronies. Signed, Tho. Lowndes and Beaufort,
Craven, Ja. Bertie, Hen. Bertie, John Tyrrel, J. Colleton.
[C.O. 5, 290. pp. 238-250; and 324, 49. pp. 121, 123.]
July 5. 1 87. Mr. Bladen to Lord Townshend. I had the honour
to promise your Lordship some time ago, that I would lay my
thoughts before you at your leisure, in what manner the several
Plantations on the Continent of America might be reduced
under one general Government, without injustice to the present
AMERICA AND WEST INDIES.
95
1726.
July 5.
Kensington.
July 5.
Kensington.
July 5.
Kensington.
July 5.
Kensington.
July 5.
Proprietors, or further expence to the Crowne. Your Lordship
has acordingly enclosed a short essay upon that subject, and if
it has the fortune to meet with your aprobation, I have some
further hints to sugest etc. Signed, M. Bladen. 2 pp. \C.O.
5, 4. No. 29.]
188. Order of King in Council. Ordering an Additional
Instruction for Governors to be prepared requiring them to
suspend execution of judgements in case of an appeal to H.M.,
unless good security be given by the appellee etc. Set out,
A. P. C. III. No. 100 q.v. Signed, Temple Stanyan. En-
dorsed, Reed., Read 14th July, 1726. 2J pp. [C.O. 323, 8.
No. 66.]
1 89 . Order of King in Council. Repealing Act of Barbados to
prevent carrying off negroes etc., for reasons given by the Council
of Trade. Governor Worsley is to recommend to the Council
and Assembly, the passing a new Act for the same purposes not
liable to the objections referred to. Signed, Robert Hales.
Endorsed, Reed. 2nd, Read llth Aug., 1726. 2\ pp. [C.O.
28, 18. ff. 307-308i;.]
1 90. Order of King in Council. Repealing Act of Pennsyl-
vania, directing the process of summons against freeholders, upon
the reports of the Council of Trade and Plantations and the
Lords of the Committee. Signed and endorsed as preceding,
l^thpp. [C.O. 5, 1266. ff. 217, 21Tu., 2lSv.]
1 91 . Order of King in Council. A draught of the Revenue
bill for Jamaica is to be sent to the Duke of Portland, with
directions, as proposed 2lst June and as set out, A. P. C., III.
p. 75. Signed, Robert Hales. Endorsed, Reed., Read 18th
May, 1727. 2j pp. [C.O. 137, 16. ff. 370-37 1 v. ; and
(endorsed Reed. 2nd, Read llth Aug., 1726) 257, 257u., 25Sv. ;
and (signed Temple Stanyan) 137, 46. No. 49.]
192. Six Lords Commissioners for Trade and Plantations
to the Duke of Newcastle. Refer to appointment of Alured
Popple and their remonstrance (v. C. S. P. 19th April, 1722)
" tho' we have since had reason to be satisfied with the capacity
and application of Mr. Popple " etc. Continue : Mr. Popple
dying soon after, and his son being named to succeed him, Mr.
Wheelock had hopes given him of being gratifyed in some
other manner etc. Recommend that as a recompence for his
services he be granted a patent for the office of Clerk of the
Markets of St. Jago de la Vega, Kingston and Port Royal in
Jamaica, " which is so inconsiderable an employment that it
has never yet been granted under the Great Seal " etc, P.S,
96
COLONIAL PAPERS.
1726.
We write this as private Gentlemen, and not as Commissrs.
for Trade. Signed, Westmoreland, T. Pelham, J. Chetwynd,
M. Bladen, J. Hobart, R. Plumer. [C.O. 389, 37. pp. 260-
262.]
July 5. 1 93. Order of King in Council. Confirming Act of Antigua
Kensington. f or cutting of the entail of lands belonging to John Vernon etc.
Signed, Robert Hales. Endorsed, Reed. 2nd, Read llth Aug.,
1726. 1J pp. [C.O. 152, 15. ff. 280, 2800., 2810.]
July 6. 1 94. Council of Trade and Plantations to the Duke of
Whitehall. Portland. Acknowledge letters of 2nd Aug. and 26th Jan.
last. Continue : We are glad to find that all things in your
Island are in a state of tranquility etc. We have prepared
the draught of a Revenue Bill, and we hear, that the same has
since been approved of by H.M. in Council ; so that your Grace
may now soon expect to receive H.M. directions upon this
affair. We sent to your Grace, 31st March, 1724, certain
queries, to which we desired your particular answers ; upon
this occasion we must inform your Grace, that these were
circular queries which we sent to all the Govrs. of H.M. Islands
in America, in order to enable us to lay before H.M. a true state
of the said Islands ; And it is now long since we have received
answers from every one except your Grace : Wherefore we
must desire that you will send us by the first opportunity your
answer to the said queries.
As letters from the Govrs. of H.M. Plantations, as well as
the papers referred to in their letters, do frequently miscarry ;
your Grace is desired for the future to take notice in ye body
or postscript of all your letters, by whom you send them ; and
by the next conveyance constantly to send duplicates of your
last letters and of the papers inclosed therein, that it may be
known for the future to whose neglect the loss of letters is to be
imputed. We have no regular accounts in our Office from
Jamaica of the number of negroes, that have been annually
imported there, either by the African Company or by the
Separate Traders, since 1707, and therefore we desire your
Grace will send us by the first opportunity, as perfect an account
as you can get, of the negroes imported yearly since that time
distinguishing those imported by the African Company from
those imported by others ; and we desire that for the future
a regular account of the same may be annually sent to us.
Postscript added to duplicate, July 28th, 1726. Since the
writing this letter, we have received one from your Grace
without date, with the new Revenue Act, etc. ; and as we con-
ceive the said Act to be contrary to H.M. Instructions to your
Grace, we shall lay the same before H.M. to be repealed. [C.O.
138, 17. pp. 100-102, 104.]
AMERICA AND WEST INDIES.
97
1726.
July 6.
Whitehall.
July 6.
Whitehall.
July 6.
Whitehall.
195. Same to Governor Worsley. Acknowledge letters of
20th April, 1st July, 14th Aug., 13th Sept., 1st Oct., 14th Nov.,
1725, and 27th April, 1726. Inform him of representation of
May 3 upon Act to prevent carrying off slaves etc. Continue :
We don't doubt, but you will shortly receive an Instruction
accordingly. We have sent to the Duke of Newcastle (v. llth
May) extracts of your letter in relation to the people you detain
upon suspicion of piracy etc., upon which we suppose you will
soon receive H.M. directions. Conclude by repeating Instructions
as in preceding as to correspondence and accounts of negroes.
[C.O. 29, 14. pp. 424, 425.]
196. Mr. Popple to Governor the Earl of Orkney. My
Lords Commissioners have been lately inform'd that Lt.
Governor Drysdale has got a licence for returning home for his
health, and has already taken his passage, so that according to
your Lordship's Commission and Instructions the adminis-
tration of the Government will be left in the hands of the
first Councillor, Colo. Jennings, who is, by reason of his old
age, grown incapable of this service. Enquires what account
he has had of this matter. [C.O. 5, 1365. pp. 294, 295.]
197. Council of Trade and Plantations to Lt. Governor
Hope. Acknowledge letters of 20th March, 10th, 21st and
22nd Aug., 7th Oct. and 20th Nov., 1724, and 27th Jan., 22nd
June and 30th Sept., 1725, together with several papers inclos'd.
Continue : But as some letters and papers therein referr'd to
have miscarried, we desire, that for the future, you will take
notice in the body or postscript of all your letters, by whom
you send them, and by the next conveyance, that you con-
stantly transmit duplicates of your last letters and of the
papers inclos'd therein, that it may be known to whose neglect
the loss of letters is to be imputed. We take notice, in your
letter of 20th March, of what you say with respect to the Act
in addition to the Act to prevent the destruction and transportation
of palmetto tops and brooms passed 1698 and confirmed 1708,
the execution whereof has been suspended for many years ;
upon this occasion we must observe to you, that no Governor
and Council have authority to suspend the force of any Act,
after once it has been pass'd, even tho' it should not have
receiv'd the Royal assent. But as this law has been confirm'd,
we think it a greater fault, that the execution of it has been
suspended ; wherefore we desire, if you have not already done
it, that you would immediately put the same in execution.
And if you apprehend any ill consequences may result from
it, you may pass an Act for repealing this law, provided that
you take care that a clause be inserted therein to suspend the
execution thereof till H.M. pleasure be known. We think you
have done very well in refusing to join in the petition for the
C.P. XXXV 7
98 COLONIAL PAPERS.
1726
Habeas Corpus Act, and in declining to give your consent to
any act which you think contrary to your Instructions. Since
our Secretary's letter of 2nd April, 1724, with several objections
to an Act for lessening the number of the Assembly, and
registring the Acts, passed 1723, we have receiv'd several
letters from you, and having considered your reasons for such
an Act, we have no objection to your passing a law for that
purpose, provided there be a clause suspending the execution
of it till H.M. pleasure be signified concerning the same, and
that it be not liable to the objections in the letter above-
mentioned, by which however we do not mean to lessen the
salaries propos'd by the last act for the Members of the Assembly,
which we hope may encourage them to attend better than they
do at present. We have consider'd what you have writ in
relation to the confusion caused by the repeal of the Act to
supply the deficiency of the several funds etc. We have also con-
sider'd the reasons you sent us for passing the same, and we
think them the strongest that could have been given for sending
you the instruction which you acknowledge to have receiv'd ;
it is because worse acts have been pass'd, that they have become
common, and therefore it was thought necessary entirely to
put a stop to acts that affect in any manner the British trade.
We have consider'd what you say, with respect to your being
at a loss how to raise money to supply the deficiencies that
happen in your funds, as also your proposal for laying a duty
on platt, to wch. we do not at present foresee any objection,
this being the produce of the island. We hope the news you
send, 21st Aug., 1724, in relation to the man of war's being
taken by a pirate, is not true ; we are sorry to find the seas
still infested by them, but as the putting the laws in execution
against these common enemies, may in some measure discourage
their pernicious practices, so we hope, all H.M. Governors of
the Plantations take due care in that respect. We have dis-
cours'd with Mr. Aytoune, late Collector of the Customs in
Bermudas, upon the trial of the ship Salamander, transmitted
with your letter of 20th Nov., but as we find that the sentence
passed upon her in Bermuda, has been revers'd here, we have
no more to add upon that subject. In your letter to our Secre-
tary, 27th Jan., 1725, enclosing the copy of a letter from you to
the Duke of Newcastle, you desire that we will accept of that
letter as address'd to us, but we must observe that this is not
a proper correspondence with us. You likewise refer to several
papers Mr. Aytoune brought over with him in relation to the
distraction the Colony of Bermuda was in ; but we have not
receiv'd those papers, and therefore desire for the future you
would regularly send what papers are for this Board, directly
to us, and not inclos'd to any other person. You likewise refer
us, 30th Sept. last, to several papers said to be sent therewith
in relation to the behaviour of the Provost Marshal ; but as
AMERICA AND WEST INDIES.
99
1726.
July 6.
Whitehall.
July 6.
Whitehall.
July 6.
Whitehall.
[July 6].
July 7.
Whitehall.
July 7.
Kensington.
they are not come to us, it is not possible for us to form any
judgment upon them. We have no regular accounts in our
Office from Bermudas, of the number of negroes that have
been annually imported there, either by the African Company,
or by the separate traders, and therefore we desire that you
will send us by the first opportunity as perfect an account
as you can get, of the negroes imported yearly, distinguishing
those imported by the African Company from those imported
by others, for as long a space of time backwards as you can ;
and we desire that for the future, a regular accot. of the same
may be annually sent to us. [C.O. 38, 8. pp. 32-38.]
198. Council of Trade and Plantations to the King.
Propose John Daily and John White for the Council of Mont-
serrat in place of John Cockran and Wm. Irish, deed. [C.O.
153, 14. p. 215.]
199. Same to the King. Propose Col. Carey Broadbelt
for the Council of Nevis, in place of Richard Abbot, deed.
[C.O. 153, 14. p. 217.]
200. Same to Governor Hart. Acknowledge letter of 6th
Jan. and 20th May. Repeat Instructions as to correspondence
and returns of negroes given to D. of Portland, No. 194. Continue :
We are surpriz'd to find by your last letter that you give so
very different a character of Mr. Pym Burt from what you did
llth July, 1722. We have recommended Mr. Daily and White
for the Council of Montserrat etc., and referred the acts trans-
mitted with your last letter to Mr. Fane etc. [C.O. 153, 14.
pp. 217, 218.]
201. Proceedings of the Court of Chancery, Barbados,
13th April 6th July, 1726. 6 pp. [C.O. 33, 27. No. 7.]
202. Duke of Newcastle to the Council of Trade and
Plantations. Encloses following for their report. Signed, Holies
Newcastle. Endorsed, Reed. 9th, Read 28th July, 1726. l^pp.
Enclosed,
202. i. Petition of William McDowall of St. Christophers
to the King. Notwithstanding H.M. Order of 13th
Feb., 1722, Governor Hart continues to disturb
petitioner in the possession of his plantation in the
late French part of St. Christophers, and to plant
part of it for his own use, etc. Prays to be restored
etc. 1 p. [C.O. 152, 15. ff. 276-277, 279z;.]
203. H.M. Warrant granting leave of absence for one year
more to John Colleton, Councillor of Barbados. Countersigned,
Holies Newcastle. [C.O. 324, 35. pp. 204, 205.]
100 COLONIAL PAPERS.
1726.
July 7. 204. Duke of Newcastle to Governor the Duke of Portland.
Whitehall. Pursuant to what I had the honour to write, 5th March, I have
now the satisfaction to acquaint you, that the draught of the bill
for settling the revenue, and perpetuating the laws of Jamaica,
having undergone such a thorough examination as was found
necessary, in order to make it effectually answer the ends
proposed by it, H.M. hath been pleased to approve it as it is
now prepared, and hath commanded me to transmitt the
same to your Grace etc. Refers to following. Continues :
" which renders it unnecessary for me to enlarge upon it,
not doubting but your Grace will recommend it in the strongest
terms to the Council and Assembly, and use your utmost
endeavours that they may accept it in the manner it is now
drawn, without making any the least addition or variation,
otherwise than by filling up the blanks, or supplying what
may be otherwise wanting purely in point of form. I am
sensible from your Grace's last letter of 23rd Jan., and from
several of your former, of the many difficulties you have met
with in this affair, and of the groundless clamours and jealousies
that have been raised by the people of Jamaica upon a notion
(as your Grace expresses it) of their being yearly tennants for
their laws : But your Grace must at the same time be sensible,
how much the Government of Jamaica, and the support of it
has depended upon the settling this Act in the most perfect
manner, and that the reason of its depending so long, has been
that the draughts, which have hitherto been transmitted
from Jamaica have not been sufficient to answer the true intent
of it. But now that these objections are over, I hope the
Council and Assembly will readily acknowledge this instance
of H.M. gracious intention to perpetuate their laws, and that
your Grace will have no further trouble than the going through
the forms of getting this draught pass'd into a law, and of
transmitting it hither for H.M. approbation. As to what
concerns your Grace in particular, I did not fail to represent
to the King the great regard you paid to your Instructions in
not giving your assent to the last draught prepared in Jamaica
before it had been considered here by H.M. in Council, as
likewise the great care you had taken to prevent any confusion
or other inconveniences that might have happen'd in the Island,
for want of the laws there being renew'd. I wish your Grace
all good success in this affair, and everything else that may
tend to make you easy in your Government, and am with
great truth and respect My Lord, your Grace's most obedient
humble servant. Signed, Holies Newcastle. Annexed,
204. i. Copy of No. 209.
204. ii. Copy of draft of Act of Jamaica for granting a
Revenue and perpetuating the laws.
204. iii. Estimate of charges on the Revenue (salaries and
fortifications 1250, public buildings etc. 1530, sub-
AMERICA AND WEST INDIES. lot
1726.
sistence of two independent companies and contingent
charges 2,532 125. Qd. etc., officers and gunners of
Charles Fort, 839 12*. 6d.), 10,000. Estimate of
proposed revenue (by impost at a medium of seven
years, 2,966 2s. Id. ; quit-rents, 1,460 145. 3d. ;
fines, forfeitures and escheats, 487 13s. 3d. ; wine
licences, 200 ; gunpowder, 257 2s. lid. ; new
impost including indico at 3d. and sugar at Is. pr.
hundred, at a moderate computation, 3,000 ; other
duties found by experience to produce, 2,000)
10,371 12s. Qd. [C.O. 324, 35. pp. 206-237.]
July 7. 205. Duke of Newcastle to Governor Worsley. I have
Whitehall, lately received from you one letter of the 14th and two of the
27th April last, and with one of those of the latter date I received
an examination taken by you in relation to Messrs. Hales and
Hodges's petition to H.M. But as that matter was recom-
mended to you by H.M. Order in Council, the answer should
have more properly been returned to the Council Office. How-
ever, I have ordered it to be lodged there, and as to the infor-
mation you send me concerning Mr. Sutton, who is complained
of in the said petition, I will not fail to make a proper use of it,
when that affair comes to be examined in Council. I have
not as yet heard of any complaint made against you by the
said Mr. Sutton, and as I dare say you will not give any just
cause of complaint, you may be assured nothing of that kind
will make any impression upon me to your prejudice, or that
any attention will be given to it, at least without your having
an opportunity to justify yourself. I have likewise received
the duplicates of these and of your former dispatches with
copys of the Minutes of Council, Acts of Assembly and other
proceedings relating to the Government of the Island. It is
a very great satisfaction to me to receive such particular infor-
mations from you, and I take this occasion to assure you, that
I have not failed as any occasion offered, to represent to H.M.
your great care and exactness in the course of your corres-
pondence. Your letter of 13th Sept. last informs me, that
the French pretend a right to Dominico, as well as St. Lucia,
St. Vincent's and Tobago, though it does not appear, that
anything has been done by them in support of those pretensions,
otherwise than that some French familys are settled there.
It is not the King's intention that you should in any wise
give up or recede from H.M. right and title to any of the Islands,
the Government whereof is granted to you by your Commission.
But according to the directions I sent you by H.M. Order in
my letter of 4th May, 1725, in relation to Tobago, you will act
upon this occasion in the most civil and amicable manner,
and agreable to the strict friendship and alliance, which at
present subsists between the King and his Most Christian
102 COLONIAL PAPERS.
1726.
Majesty, and the mutual good correspondence, which ought
likewise to be maintained between their respective subjects,
which I doubt not but by your prudent conduct you will manage
so as not to give any just grounds of complaint, or to enter
into any disputes upon this head, where they can with a due
regard to H.M. service be avoided. As to what you mention in
your letter of 14th Nov. last concerning your proceeding against
Julien de Lyon and Jean Bouye as pyrates, I did, by H.M.
command refer the consideration of their case to the Judge
of the Admiralty, and I herewith transmit to you a copy of
his report thereupon, by which you will perceive, that as the
facts are stated, he is of opinion, the said persons cannot
properly be tryed as pyrates, wherefore it is H.M. pleasure,
that you should act in this behalf conformable to the said
report. Signed, Holies Newcastle. Annexed,
205. i. H. Penrice, Judge of the Admiralty, to the Duke of
Newcastle, Feb. 14, 1725. Is of opinion that Lyon
and Bouye cannot be charged with piracy or brought
to trial at an Admiralty Sessions, piracy being robbery
upon the sea, and they being charged with plundering
a factory at Cape Lopez etc. Signed, H. Penrice.
[C.O. 324, 35. pp. 239-245.]
July 7. 206. Duke of Newcastle to Governor Burnett. The last
Whitehall, letters I received from you are of the 17th and 24th Nov. last,
with a copy of what you wrote at the same time to the Board
of Trade by way of explanation of several acts of Assembly
past in the New Jerseys, which being under the consideration
of that Board, I have nothing at present to observe upon them,
but will not fail, when they have passed the proper examination
to do my part towards the obtaining the King's approbation
of them, so far as they shall appear to be for H.M. service and
advantage of those Colony s. I am sorry you have found any
difficulty in what I recommended to you, 3rd June, 1725, in
behalf of Mr. Walpole, or that your endeavours to do him
justice in his office, should meet with any opposition on the
part of the Assembly. However I am glad you have been
able to obtain redress as to the greatest part of what has been
complained of, and that you will continue to give your assistance
in recovering what still remains due. I do not enter into the
particulars of Mr. Walpole's demands, since you tell me you
have wrote to him yourself, and I question not but he or his
Agent will give you such further information as may be necessary
upon that head. In the mean time I make no doubt but you
will take all proper opportunitys to make the Assembly sensible
of the reasonableness and necessity of using your authority,
as H.M. Governor, to support the Patent Officers, and especially
those relating so immediately to the Revenue in all their just
rights and perquisites. Signed, Holies Newcastle. [C.O. 324,
35. pp. 245-247.]
AMERICA AND WEST INDIES.
103
1726.
July 7.
Whitehall.
July 7.
Whitehall.
207. Same to Lt. Governor Dummer. I have received
your letters of 8th and 18th Jan. ; in the former of which were
inclosed copys of the conferences held with the Delegates of
Indians, and of the Treaty you had thereupon concluded with
them. The King is very well satisfied to find, that the
endeavours you have used for the interest and security of His
subjects in those parts have proved so successfull, and that the
peace you have made with the several tribes of the Indians
seems to be settled upon so good and lasting a foundation.
The account you send me in your other letter of the General
Assembly's having accepted the explanatory Charter, which
I some time since transmitted to you, is no less acceptable to
H.M., who was very well pleased with the loyal and dutifull
expressions contained in the Address, which was at the same
time delivered to me by your brother. The assurances they
have therein given of complying with the terms of that Charter,
and of manifesting their duty and affection to H.M. person
and Government in other respects, will undoubtedly engage
H.M. to do everything that may be expected on his part for
their ease and benefit, which you will take the first proper
oppertunity to acquaint them with. I have nothing farther
at present in command from H.M., but to recommend it to you
to continue the same zeal and vigilance, which you have hitherto
shown for H.M. service and the good of the Province, so long
as the Government thereof shall remain under your care.
Signed, Holies Newcastle. [C.O. 324, 35. pp. 247-249.]
208. Same to Governor Hart. It has been represented
here in behalf of Lt. Gen. Matthew, that his residing at St.
Christophers, which, in compliance with your orders, he is at
present obliged to do, is a great prejudice to him in his private
affairs, being thereby debarred the liberty of residing in Antegoa
for the improvement of his plantation there, which is the
greatest part of his fortune, and that by being confined to one
island, he has not the liberty to exercise the powers granted to
him by his commission of Lt. Genl. of all the Leeward Charibbee
Islands : You are certainly the best Judge how far it may
be necessary for H.M. service, that an officer under you should
reside in one Island rather than another, neither is it my
intention, by writing to you on this head, to abridge you of any
power or authority, which belongs to you as H.M. Governor
and Capt. Genl. of the Leeward Islands. But as you reside
yourself at present at St. Christophers, it does not seem
necessary, that Col. Matthew should be there at the same
time ; and therefore I would recommend it to you to make
this matter easy to one another, so that he may be permitted
to go from one island to another according as his occasions
may require and according to what has been usually practised
by the Lieut. Genl. of the Leeward Islands, still reserving to
104
COLONIAL PAPERS.
July 7.
Kensington.
1726.
yourself the power of commanding him to repair to St.
Christophers or any of the other islands, whenever H.M. service
shall require it. "Signed, Holies Newcastle. [C.O. 324, 35.
pp. 249, 250.]
209. The King to Governor the Duke of Portland. Right
trusty and right entirely beloved Cousin, We greet you well.
Whereas you did some time since transmit hither for Our con-
sideration the draught of a bill for granting a Revenue etc., and
the same appearing upon a thorough examination not sufficiently
to answer the purposes intended thereby, the Lords of the
Committee of the Privy Council, to whom We were pleased to
refer the consideration thereof, caused a new draught to be
prepared, in the framing whereof they received the several
opinions of Our Commrs. of Our Treasury, Our Commrs. for
Trade and Plantations, and Our Attorney and Solicitor General,
in order to remove the several objections to which the former
draught was liable ; which said new draught having been
presented to Us in Our Privy Council, We have taken the same
into Our most serious consideration, and judging that the
same will, in the manner it is now prepared most effectually
conduce to the welfare security and good Government of Our
Island of Jamaica, We have caused the sd. draught to be
herewith sent to you, which you are forthwith to recommend
to Our Council and Assembly of Our sd. Island in order to it's
being past into a law, and transmitted to Us for Our Royal
approbation ; and in the passing thereof We do expressly
command and require you to take all due care, that proper
funds be inserted in the Bill for raising the additional 2,000
for the maintenance of the two Independant Companys in
Our sd. Island, and that the same may prove the more effectual,
that such branches of the Revenue raised in Our sd. Island
by annual Acts for contingent services as have been found by
experience to answer the sums for which they were given, may
be appropriated in this Act towards raising the sum of 10,000
per ann. for a perpetual revenue for Us, and We do further
expressly command and require you to recommend the sd.
draught of a bill with the sd. necessary additions concerning
the funds, to Our sd. Council and Assembly, as the terms which
we expect from them in return to Our gracious condescension,
in confirmation of their laws, and in departing from Our patri-
monial revenue in Our sd. Island for their welfare and defence
etc. Countersigned, Holies Newcastle. Endorsed, Reed., Read
May 24, 1727. 2j pp. [C.O. 137, 16. ff. 372-373i;.]
July 8. 210. Memorial of the Lt. Governor and Council of the
Boston, Massachusetts Bay to the King. Your Majesty's Lt. Governor
did on 28th June last communicate to the Council certain
intelligence of a pirate scooner on this coast, which he received
England.
AMERICA AND WEST INDIES.
105
1726.
from some who escaped in a snow, that had been some weeks
in their possession ; upon which your Majesty's Council
immediately gave their advice, that a sloop should be forthwith
at the charge of this Government taken up equip'd and man'd,
with about 40 men, and suitable officers, and a bounty given
to such as should enlist to proceed in quest of the said pirate ;
in pursuance whereof a sloop was accordingly taken up, and
at six o'clock the next morning the encouragement for enlisting
was publish'd by beat of drum ; after which, about noon, your
Majesties Lt. Governor received a letter from Capt. James
Cornwall Commander of your Majesties ship Sheerness, import-
ing his readiness to go in quest of the said pirate, and that in
case he might be supplied with thirty or forty seamen, he
hoped to be at sea in eight and forty hours at furthest etc.
The Council thought it not advisable that an impress of men
should be made at that time ; this Government being under
great discouragements from supplying the said Commander
with seamen, since he presumed in August last, at one time
to dispose of twenty men for the service of a merchant ship
bound out from a neighbouring Province ; and the occasions
of the Government being answered by a cheerful and ready
appearance of voluntiers upon the bounty offer'd for that
service : which sloop was judged most suitable for the design,
she being just ready to sail, and most capable of following the
pirate, in case he should stand into shoal water, and the pirate
vessel having then no more than ten men, six whereof were
pirates ; the said sloop was the next morning hawl'd off into
the road, in order to proceed with the utmost expedition etc. ;
but she was stopt and brought to anchor by your Majesties
said ship Sheerness then riding within musket shot of the
town of Boston, being threatened, if she did not bring to
immediately they would fire upon her, notwithstanding the
officer aboard the sloop gave them an account, that the sloop
was sent out by this your Majesties Government in quest of
the pirates ; of which Capt. Cornwall could not be ignorant
having been informed thereof, the evening before by the Lt.
Governor, as a reason why an impress of men was not granted ;
and afterwards when the said sloop by fresh orders from the
Lt. Governor was brought to sail, Capt. Cornwall fired several
shot at her, two of which went thro' her sails, and an officer
of the said sloop was in great danger of being killed. Which
proceedings not only delayed, but tended wholly to frustrate
the good design of this your Majesties Government for the
speedy suppressing the said pirates before their number should
increase, and to expose the lives and estates of your Majesties
good subjects not only of this Province, but of Great Britain
also, to the rapine, and violence of those common enemies of
mankind. Which behaviour of Capt. Cornwall we humbly
hope your Majesty will look upon as a great insult on this your
106
COLONIAL PAPERS.
1726.
Majesties Government, and a manifest obstruction to your
Majesties service ; and that your Majesty will be graciously
pleased to express your Royal displeasure thereat etc. And
we further beg leave humbly to observe, that the management
of the said Capt. Cornwall has been such, as is very far from
answering your Majesties gracious intentions in sending your
ships of war to this Province ; for altho' it be near two years
since his first coming hither ; your Majesties said ship has lain
still in this port of Boston during the whole time, except a
voyage of about three months to Barbados and Tertuga and
the said Commander has performed no other service, save
his manning two sloops with about fifty men, taken up by this
Government for an expedition against the Indians, for about
the space of seven weeks ; and while at Tortuga, he was so
far from encouraging the merchant ships under his convoy,
that he sequestred and engross'd a great quantity of salt to
his own use, to the great damage and discouragement of the
Trade ; so that the merchant ships who used to desire the
Station ship here for their convoy, chose to let their vessels
go without a guardship, rather than be subjected to the
impositions of the said Captain Cornwall. For all which
reasons we fear, that the further continuance of the said Captain
Cornwall on this Station will be no ways for your Majesties
service, or the protection of this Province and the trade thereof.
Pray for recall of Capt. Cornwall, and that such Instructions
may be given to H.M. Governors as may enable them to direct
the imployment of H.M. ships of war stationed there, in such
manner as may be most for H.M. service and the interest of the
Province etc. Signed, by order, Josiah Willard, Secretary.
Endorsed, Rd. Sept. 12th. 1 large p. [C.O. 5, 10. No. 183.]
JulyS. 211. Mr. Popple to Mr. Fane. Requests his opinion in
Whitehall, point of law, upon enclosed proceedings upon the trial of the
sloop William at Bermuda, v. 30th Sept., 1725, and asks for
return of the original document enclosed. [C.O. 38, 8. p. 39.]
JulyS. 212. Same* to Same. Encloses, for his opinion in point
Whitehall, of law, 3 Acts of Antigua, 2 of Nevis, 4 of St. Kitts and 2 of
Moiitserrat. [C.O. 153, 14. pp. 219-222.]
July 8]
213. Petition of William Mathew to the King. Petitioner
was appointed Lt. General of the Leeward Islands and Lt.
Governor of St. Christophers in 1714. He laid out and com-
pleted the fortifications of that island and reorganised the
Militia etc. Governor Hart commended his services, but
chosing that island for his residence about two years past,
thought it most for H.M. service that petitioner should reside
at Antigua, the chief island of that Government. Whereupon
petitioner farmed out his estates in St. Christophers, and
AMERICA AND WEST INDIES.
1726.
removed with his family to Antigua, and hoped he might have
been permitted some leisure to attend the improvement of his
plantations there, which is the greatest part of his fortune etc.
Governor Hart having lately conceived a causeless displeasure
against him, hath lately attempted to deprive him of the
honour of Lt. General etc., and to that end on Oct. 2nd last
sent him a peremptory order in your Majesty's name to repair
to St. Christophers as Lt. Governour. Petitioner remonstrated
to him the unusual form of such an order as seeming intended
to confine him to St. Christopher as Lt. Governour thereof,
and that his removal would prejudice him to the value of 500,
however he would pay obedience thereto. He imbarked next
day and arrived 5 days only after the date of said order, and
instantly being much fatigued, sent a letter to H.E. by his aid
de camp, desiring to receive what commands he had for H.M.
Lt. General of the Leeward Islands. H. E. sent a verbal answer
requiring him to attend a Council on Saturday. There
petitioner asked H. E. what business he had for him and said
he was ready to obey etc. H. E. construed the said letter and
question as disputing the orders of his superior and gave 110
other answer thereto than severe reprehensions and that he took
it to be the Lt. Governour's duty to reside at St. Christopher's
till further orders and ordered said letter and answer to be
entered in the Council book etc. At the next meeting petitioner
laid before H. E. a representation, explaining his meaning and
in humble manner supporting the office of Lt. General etc.,
which H. E. refused to permit to be entered in the proceedings
of the Councill, or to give any answer thereto. On the 19th
he sent petitioner notice by letter that he was that day
imbarquing for Antigua, which he acquainted petitioner with
that he might take charge of the Government of that island
as usual. The Captain General being returned to St. Christo-
phers, at a Council held there 3rd Jan., opened the meeting
with calling your Majesty's petitioner to account for not having
been to visit him, telling your Majesty's petitioner in reproach-
full words not used between Gentlemen and with a behaviour
not fit to be used towards whom your Majesty has been pleased
to honour with the second station in the Government, that he
would make petitioner do his duty (without charging him with
any other instance of his neglecting it), and threatned him
with his resentments in very severe expressions. All which
petitioner bore with all possible patience, and told Mr. Hart
that he had suffered by his absence from Antego not less than
500 on his plantation, and desired leave to return for six
weeks, otherwise his losses would increase to more than he
could well bear. The Captain General answered that if he
had his leave to go thither, he should not as Lt. General of the
Leeward Islands act in any civil capacity on that island.
Petitioner might (he said contemptuously) if a member was
108 COLONIAL PAPERS.
1726.
wanting to make a Board of Councell, sitt there or view the
Militia, and on petitioner's saying that if on his arrival at
Antigua he should find that the Lt. Governour there should
doubt the authority given to your petitioner by your Majesty,
he should appeal to your Majesty, he was pleased to answer
no, he would determine it. Petitioner at length told him,
that since he should not be permitted in the execution of his
post as hitherto, he would on your Majesty's leave (which he
then laid before H. E.) go to Antigua by the first opportunity,
settle his affairs there and by the first ship embark for Europe.
The Captain General read said lycence and with rancour said
that if petitioner went on that leave without his too under his
hand and seal he would suspend him, and that he should not go
to Antigua to settle his affairs and embark thence, but should if
at all embark directly from St. Christophers for England. H. E.
by thus calling and confining petitioner to St. Christophers
attempted to depreciate, if not destroy H.M. Commission to
him as Lt. General. Petitioner is thereby deprived of the
power of doing the duty of that office in any other island, and
whilst the Captain General and Lt. General are both in the same
island as at present, the latter is divested of all authority etc.
By obeying H.E.'s said orders, petitioner will be ruined, and by
disobedience he is in danger of being reduced to more grevious
distress through your Majesty's displeasure etc. Prays for
H.M. protection and directions and that the Lt. General's
Commission may be explained. Endorsed, a letter wrote upon
it to Govr. Hart, July 8th, 1726. 4j pp. [C.O. 152, 40.
No. 18.]
July 9. 214. Governor the Earl of Orkney to Mr. Popple. Reply
cieifden. to July Qth. Continues: That Major Drysdale had gott a
licence for returning home for his health etc., I don't doubt
their Lops, knew of, since I ordered Mr. Lehup to apply to the
proper offices where that leave was to be obtained, and as I
was very well apprised, that in case of absence of the Lieut.
Governor, that the first Councelour was to act, yet being
informed that Coll. Jennings was by his old age turned perfectly
dos'd and childish, it fell a course to the next in rank, who I
am told is very capable (his name I think is Coll. Carter) which
I hope is the oppinion of the Lords. Commissioners, and that
Mr. Lehup has acquainted them of all this affaire, which I
had not fealed to do my self, had I been in any condition of
health when that happen'd, but w r as confined to my bed. It
is about two months ago since I had the account of the Lieut.
Governour's state of health, and since that I have heard from
him, that he did not think of leaveing that place, till he had
called an assembly and setled everything which he hoped
would be to their Losps. and evry bodys approbation, and
that he was convinced there was a very great harmony
AMERICA AND WEST INDIES. 109
1726.
amongst them, and that he did not doubt to find it so at his
returne, so that I fancy their Losps. must be missinform'd,
when they think he has already left Virginia, for I don't find
the Assembly was to meet, till the midle of this month etc. I
am now laid up with a fitt of the gout, else I had waited of
their Losps. Signed, Orkney. Endorsed, Reed. 9th, Read
14th July, 1726. Holograph. If pp. [C.O. 5, 1320. ff. 27,
v 1' 21 5l Lt * Governor Drysdale to the Council of Trade and
Plantations. The generall Assembly which began the 12th
of last May being now prorogued, encloses journals and acts
of the session etc. Continues : The constant expence arising
from the reparations of the Capitoll, the annuall salaries of
officers establish'd by the Genii. Assembly, and the paymt.
for negroes convicted of capitall offences (all which are by
former laws appointed to bee defray'd in money) made itt
absolutely necessary to establish a fund for those charges,
and no other could bee found out so proper as a duty on liquors,
put in practise on many former occasions, and particularly
recommended by H.M. instructions as the most suitable means
for lessening the levy pr. poll ; for these purposes an Act
for laying a duty on liquors is now passed, by which 3d. pr.
gallon is laid on all wine, rumm and distilled spirits, and Id.
pr. gallon on all ale, beer, and cyder imported here, except
from Great Brittain, which duty is to have continuance for the
term of five years : By the same Act a further duty of Id.
pr. gallon on wine, rumm, and other distilled liquors is laid
for 21 years for raising 200M. pr. annum for enabling the Colledge
of Wm. and Mary to found its full number of Masters, which
the uncertain revenue of that Colledge, and the various accidents
attending it, has hitherto obstructed : I could not but bee
greatly concerned to see a work begun with so much piety, so
little advanc'd in the space of thirty years time, and therefore
thought it my duty earnestly to recommend to this Assembly
the making provision for itts support, and I have the pleasure
to find their benevolence to exceed my expectations, and I
hope the regard to the memory of the Royall Founders King
William and Queen Mary, and the great advantages which the
youth of these Colonies may receive by perfecting this
seminary of learning and religion, will bee a sufficient recom-
endation of this Act, and silence all endeavours to deprive the
Government of the necessary support provided for in the
first part thereof, or the Colledge in that of the latter, especially
since care is taken herein to remove the onely exception
that could have been made to the former Acts, by putting
all the traders in liquors upon an equal footing, whereas in
the former impositions liquors imported in vessells owned by the
inhabitants of Virga. were onely liable to the paymt. of half
110 COLONIAL PAPERS.
1726.
duties. The Act appointing a Treasurer being no more than
what is usuall upon the raising any new duty, and passed in
the common form, needs no remark. Many have been the
attempts to repeal or amend the laws made in 1706 concerning
the levying of executions for debt ; ev'ry session of Assembly
since that time has produced greiveous complaints of the
many scandalous abuses committed in the valuation of goods
taken in execution, yet the repealing of laws which gave debtors
so great an advantage over their creditors being very unpopular,
no House of Burgesses till now would listen to any proposalls
made for that purpose : But the Act intituled an Act to repeal
the Act directing the manner of levying executions, and for releife
of poor prisoners for debt etc. has effectually remidied the incon-
veniences heretofore complain'd of, and established so equall a
measure of Justice between creditors and debtors that it may
truly be reckned one of the best laws, and most conformable
to the practise of England of any this country enjoys. The
Act for amending the Act concerning servants and slaves, and for
further preventing the clandestine transportation of persons out
of this Colony, is the same with that passed in 1722, except
in that part which related to the better goverment of convicts
imported, which gave occasion to the repealing that act, and
is entirely left out of this : and there being now nothing
contain'd in this, but some necessary regulations for the due
ordering of servants and slaves, and an additionall provision
for preventing the transportation of debtors and servants out
of the Colony, I doubt not it will meritt your Ldspps. appro-
bation. The Act passed in 1723 for security and defence of the
country in times of danger, and another in 1718 for ascertaining
the fees of the Secretary etc. being expired, and the further con-
tinuing of these, is the subject of the Act for reviving and
continuing two Acts therein mentioned, the first for 2 years,
and the latter till the end of the next session of Assembly, and
that your Ldspps. may be the better inform'd of the reason
why the latter is to have itts continuance for so short a time,
it is because the Assembly intend att the next session to frame
a new table of fees more proportioned to the services of the
respective officers, and to establish new fees in other cases,
where former laws have made no provision : and this being
a matter requiring much consideration, they thought fit to
make itt the work of another session. Ever since 1679 the
importation of tobacco from North Carolina has been pro-
hibited by law, and when the whole body of the laws of this
Colony were revised and re-enacted the same prohibition was
continued by a new act which was perused and approved by
your Ldspps. board, but that act being doubtfully penn'd and
seeming onely to restrain an importation by water (as in truth
there could bee noe other at that time, when the fronteeres of
both Govermts, were so little seated and no roads to render
AMERICA AND WEST INDIES.
Ill
1726.
land carriage practicable) and the mischeife increasing greatly
within these few years by the number of people that have
seated as well within ye bounds of controversy between the
two Govermts. as on the Northern fronteeres of Carolina, it
has been judg'd necessary to putt a stop to that practise, by
the Act passed this session, for the more effectual preventing the
bringing tobacco from North Carolina and the bounds in contro-
versy : the reason of which is sett forth in the preamble, that
the people of Carolina and of those boundaries being under
no regulation in the manner of making and packing their
tobacco doe by the importation of trash greatly injure the
reputation of the Virga. manufacture, and it is hop'd this
prohibition will facilitate the determination of the controverted
boundaries, and bring the people seated there more easily
to submitt to the Govermt. of this Colony : since by a proviso
in this act they are to bee no longer restrain'd, than till ye
limitts of the two Govermts. be determined. The Act to prevent
the setting of hedges into rivers and creeks, and the falling of trees
therein being onely supplementary to some former laws for
preserving the navigation and making the heads of the rivers
more convenient for trade, is a law which carries in itt so much
of publick benefitt, that I need offer nothing more to reco-
mend itt. The last Act of a publick nature is that for raising
a publick levy, and being what passes of course every session
for defraying the publick tobacco debts, I shall onely remark
thereon, how much the former duties have eased the levy pr.
poll, when eleven pounds of tobacco on ev'ry tithable discharges
the whole publick expence for three years last past, the greatest
part of which has arisen by the rewards given for killing of
wolves in the fronteer counties, and is so usefull an expence,
that ye inland parts are by itt entirely freed from those
destructive animalls etc. There are six other acts of a private
nature, wch. I shall but just mention, since there is but one of
them that comes within the direction of H.M. late instruction
concerning private bills : (i) The Act for ordring a Court
house in Spotsilvania county, was made upon the petition of
divers of the inhabitants for leave to build a Court house at
a more convenient place in that county by subscription, without
laying any further burthen on any but such as that become
voluntary contributors thereto. (ii) The Act for dividing
St. Paul's parish in Hannover county is also made upon
the petition of the people, who have lately seated that
fronteer, and were too remote from the parish church, and
too numerous for the cure of one Minister, (iii) The Act
for settling new ferries over Rappahannock Northanna and
Appamatock rivers is such a publick conveniency as must
frequently bee provided for as the country encreases. (iv) The
Act to make the Secretary of Virga. for the time being a person
capable in law to take and hold certain lands therein mentioned,
112 COLONIAL PAPERS.
1726.
and to make leases thereof, was necessary to vest the property
of certain lands appropriated by the first Company of
Adventurers to this Colony on the place of Secretary, but has
hitherto proved of little use for want of a legal capacity to
recover his rents, and prevent the wastes that have been made
thereon by severall of the tenants : This Act being in favour
of one of the principal officers of the Govermt. who holds his
place by H.M. immediate commission, I hope it will meet with
no objection att yr. Ldspps. board, (v) The Act to prevent
swine running att large within the limitts of Gloster town, was
prepared upon the petition of the inhabitants of that place,
and is on the same reason with other laws of the like nature
passed in former sessions etc. (vi) An Act to confirm the title
of Richd. Randolph to certain entailed lands and to settle other
lands of greater value and two negroe slaves to the same uses,
has passed in all the formes required by H.M. instructions,
and is not to take effect, untill H.M. approbation bee obtain'd,
for which suitable application will bee made to your Lordshipps
etc. Continues : I have transmitted the Address of the
Council and Burgesses, 2nd June, to the Earl of Orkney to bee
presented to H.M., and since part of that Address contains
a supplication for H.M. bounty to the Colledge, the Burgesses
who seem to have that matter most at heart, have by a vote
of their House appointed the Revd. Mr. James Blair President
of the Colledge to sollicite the same, he will attend your Ldpps.,
and I humbly begg leave to recomend him to your favour and
interest so far as he may have occasion in this negotiation.
Refers to the representation upon the manner of giving judge-
ment upon an appeal to the Privy Council (v. July 12), which
he has transmitted, but will concern himself no further therein,
as he must presume that the Committee would not have given
a judgment not exactly conformable to law etc. Continues :
As the state of my health was such at the begining of the
session as determined mee to seek the recovery of itt by a
voyage to England, I have the pleasure to find the affections
of the people towards mee on that occasion expressed in a very
particular manner both in the Address to H.M., and in those
of the Councell and Burgesses to myself, but having since
found great benefitt from a doctor I have lately mett with,
who gives mee hopes of a perfect cure, I have now resolved
to remain here, tho' I had some months agoe desired my freinds
to make application for H.M. leave to return home, and I am
the more confirm'd in this resolution from a late rumour of a
war like to break out with Spain, and I could not in such an
event desert the post H.M. has been pleased to honour mee
with, whatever may bee my fate in itt ; being in hope that if
any attempt should bee made on this Colony by the enemy,
I shall bee better able to doe H.M. service than anyone in whose
hands the administration could be left during my absence,
AMERICA AND WEST INDIES. 113
1726.
and I should not doubt being vigorously assisted therein by a
people who express so great a satisfaction in my conduct etc.
Encloses Minutes of Council since 5th May, 1725. Continues :
In the journall of the 10th and 12th of June, 1725, your Ldspps.
will observe the necessity of my interposing to remove two
scandalous Ministers, whose ill lives had given just offence
to their parishes : there being no other judicature to which
application could bee made for that purpose, since the Bishop
of London's Comissary had not then received his comission
etc., but as the consciousness of their guilt induced them to a
voluntary submission to depart the Colony, I had the good
fortune to gett rid of them to the satisfaction of their
parishoners, and without entring into that disputed point of
ecclesiastical jurisdiction which is claim'd by the Bishop of
London, and by the Genii. Court of this country, and is very
fitt to bee setled one way or other, whenever your Ldspps.
more weighty affairs shall permit etc. In the journall of 22nd
April last your Ldspps. will find that on expectation of your
Ldspps. resolution on the report of the Attorney and Sollicitor
Genii, concerning the grants of lands in the counties of Bruns-
wick and Spotsilvania : the Councell have advised that the
officers of the revenue doe not demand the quit rents for the
large tracts held there, til H.M. pleasure bee signified ; wch.
occasions my renewing my applications to your Ldspps. for
expediting what orders shall be thought necessary etc. The
great quantities of land wch. your Ldspps. will find petitioned
for, 5th Nov. and 4th June last, are indications of the pros-
perous condition of the country, and how much H.M. revenue
of quit rents is like to increase thereby. I cannot but with
regret mention the proceedings of the 24th and 25th of June
which relate to the suspension of Coll. Jennings from being
President of the Councell : for tho' I must own his long indis-
position of body and mind has made itt very unsafe to trust
the administration of the Government in the hands of a person
under so great an incapacity to preside here, either in case of
my death or absence ; yet had I then received the encouragemt.
I have since had to hope for the recovery of my health, I should
not have been perswaded to remove from the Presidentshipp
and Councell one who has served so long in those stations, nor
added this to his other afflictions which are very great : both
from the infirmities of his body and mind, and the low condition
of his estate, thro' the great debts in which he is involved : his
distemper is a palsey, which seized him two years agoe, and
has quite deprived him of his memory and understanding :
the dayly expectation I had of his death made mee negligent
in informing your Ldspps. of his condition, but now I find
he may languish many years in a sort of a still life, I grew
determined thro' his incapacity not to suffer the reins of
Govermt. to drop into his hands, as it must have done, as
C.P. XXXV 8
114 COLONIAL PAPERS.
1726.
President, upon my dying or leaving the country, so I ventured
on his suspension : but since I am now in so fair a way of
recovery, as to leave little apprehension of the Govermts.
devolving upon him, I should be glad to know your Ldspps.
sentiments about him, whether your Ldspps. will command
mee to restore him, or allow mee to name another person to
his place. Refers to enclosures. By which your Ldspps. will
perceive the thriving condition of the revenues, and I doubt
not the export of tobacco for the current half year, will furnish
bank for the support of ye Goverment. Refers to enclosures
to the Secretary. By which your Ldspps. will plainly discover
the vast increase of tithables since the last return of the like
form etc. Signed, Hugh Drysdale. Endorsed, Reed. 9th,
Read 14th Sept., 1726. Holograph. 19 pp. Enclosed,
215. i. Account of H.M. Revenue of Quit-rents, 25th April,
1725-1726. Totals : Receipts (including balance
brought forward of 6,213 16s. 3|d.) 8,983 195. llfd.
Expenditure : 1,823 17s. 5jd. Signed and sworn to
in Council, John Grymes, Recr. Genii. Audited by
Nathl. Harrison, Depty. Auditor. 4 pp.
215. ii. Account of H.M. Revenue of 2s. pr. hhd., 25th Oct.,
1725 25th April, 1726. Totals .-Receipts (including
balance brought forward of 3,217 Is. 6d.) 4,615 7s.
4fd. Expenditure : 1,693 3s. 6f d. Signed, etc. as
preceding. 2 pp. Nos. i and ii endorsed as covering
letter.
215. iii. Account of births and burials in Virginia, 15th
April, 1725-1726. By parishes. Totals : Births,
males, 1174, females, 1137 ; male slaves, 607, female
slaves, 677. Burials, males, 476, females, 458 ; male
slaves, 268, female slaves, 317. Same endorsement.
1 large folded p.
215. iv. (a) Speech of Lt. Governor Drysdale to the Council
and House of Burgesses of Virginia. Recommends
to them the support of the College and announces
return to England for his health, (b) Address of the
Council of Virginia to the Lt. Governor. Acknowledge
his disinterested zeal for the public benefit etc. (c)
Address of the House of Burgesses to the Lt. Governor.
The present tranquility of the country is due to his
prudence and moderation etc. (d) Address of the
Council and Burgesses of Virginia to the King.
Congratulate H.M. on his safe arrival etc. Your
wonderful escape from the dangers of the deep was a
matter of the greatest joy imaginable throughout this
Dominion etc. Taking notice of the present distressed
state of the College of William and Mary etc., and of
many accidents and misfortunes which have concurred
to delay the progress thereof, and knowing of how
AMERICA AND WEST INDIES. 115
1726.
great moment the promoting this charitable, and
pious design is to us and our posterity, we have agreed
to lay a duty on liquors imported and to appropriate
200 per annum to the support of this College etc.
and hope that your Majty. will after the example of
their late Majtys. King Wm. and Queen Mary, of
your royal bounty contribute your farther assistance
etc. Testify to Lt. Governor Drysdale's just and mild
administration etc., and will esteem his speedy return
a great happiness etc. (e) Address of the Council and
Burgesses to the King. Protest against judgment
on appeal in case of Perry v. Randolph. Copy of
July 12, q.v. The whole endorsed as covering letter.
Copies. 7 large pp.
215. v. Copies of Proclamations by Lt. Governor Drysdale.
(i) 10th June, 1725, proroguing the Assembly to 18th
Nov. (ii) 10th June, 1725, offering 20 reward each
for the apprehension of Henry Irby, John Dennet
and Palister Bowles who have broke gaol and fled
justice from Charles City, and (iii) 19th Oct., 1725,
proroguing the Assembly to 12th May. Signed, Hugh
Drysdale. Same endorsement. 3 pp. [C.O. 5, 1320.
ff. 60-72t;., 73u-81i;., and (duplicate of No. v only)
5, 1343. No. 2.]
July 12. 216. Lt. Governor Drysdale to the [Duke of Newcastle].
Encloses journals and acts and other public papers of the late
session. Continues : It is not without a very great concern
that I am oblig'd to transmit to your Grace the inclosed repre-
sentation from the Generall Assembly : I very unwillingly
engaged myself in the conveyance of itt, and shall offer nothing
to recommend itt : and had itt not been directed by the Royal
Instruction, that all applications to the Throne from the Planta-
tions, shall pass thro' the hands of their Governours, I should
have left this to bee presented to H.M. by another way. This
Assembly has likewise address'd H.M. on his happy deliverance
from the dangers of his late passage in his return to Great
Brittain ; a copy of wch. address is herein inclosed : The
originall I have as usuall sent to bee presented by the Earl of
Orkney : It also contains an humble supplication for H.M.
Roy all bounty to the Colledge founded here by King Willm.
and Queen Mary of immortall memory : and I doubt not the
Reverend Mr. Blair President of that Colledge (who is desired
by the Assembly to sollicite that bounty, and who will have
the honour to wait on your Grace) will find how great happyness
it is to that good work, that so great a patron of learning as
your Grace, is intrusted by H.M. with the care and protection
of these Plantations : I shall not trouble your Grace with any
other remark on the Assemblies kind expressions in my favour
116 COLONIAL PAPERS.
1726.
contained in the address to H.M., and in their particular
addresses to myself, which wait on your Grace with the other
papers, than that as I had no hand in the contrivance of either,
so they were prepared att a time, when the ill state of my health
gave both them and mee little hope of my further services to
the country : and on that account I have the pleasure to
think their affections the more sincere. I have since very
unexpectedly soe far recovered my health as to determine my
stay, whereby I hope to improve these good dispositions in the
people to the advantage of H.M. service etc. Signed, Hugh
Drysdale. Endorsed, Rd. Sept. 12. Holograph. 4 pp.
Enclosed,
216. i. Address of the Council and Assembly of Virginia
to the King. Some years agoe in the general Court
of this Colony, Sarah Perry, widow and executive of
Richard Perry and Sarah Perry, Micajah Perry and
Philip Perry, merchants of London and executors of
Micajah Perry, sued Mary Randolph widow, William
and Thomas Randolph, executors of William
Randolph, for payment of a debt of 2463 Is. Sd.
Judgment was given for defendants, it being found
that apart from sums charged for interest and interest
upon interest, there was actually a balance due to
defendants. Plaintiffs appealed, and this judgment
was reversed, after the Lords of the Council for hearing
appeals from the Plantations had referred the accounts
to four merchants in London, three of whom reported
that the items of interest and insurance were fair and
just and agreable to what is always charged and
allowed in accounts of this nature by the constant
usage of merchants trading to the Plantations etc.
Now may it please your Majesty, we etc. reflecting
on the consequences which a precedent of this nature
on the trade and properties of your Majesty's subjects
of this Colony, do most humbly begg leave to represent
that no such custom or usage hath ever hitherto
prevailed or been allowed among the merchants
trading to this Colony whereby interest or interest
upon interest hath been or can be recovered upon
open running accounts, but that in actions at the
Common Law no plaintiff hath any other allowance
of interest but such as a Jury shall think fitt to assess
in damages, who by the laws and customes of England
(to which our proceedings here do as near as can be
conform) are the only proper judges thereof, and after
a jury hath found the verdict against the plaintiff
upon the poynt of damages we humbly apprehend such
plaintiff is concluded by it and can have no judgment
to recover without a new trial and a verdict for him etc.
AMERICA AND WEST INDIES. nr
1726.
The judgment of the General Court here in this case
being by your Majesty's authority reversed, and in
consequence the verdict of the jury sett aside, the
matter of the plea upon which that trial was had
remains undetermined and there being several other
pleas upon which issues were tendered in that suit
and not tried, it doth appear by the record in the said
action that a judgment is entred against the defendants
without any trial etc. Altho' in the case aforesaid
three merchants in London have delivered their
opinion that the demand of the plaintiffs was just
and reasonable yet no such method of examining the
judgments of your General Court given according to
the rules of the Common Law hath ever hitherto
been allowed or established. But your Majesty's
subjects in this Colony have always without interrup-
tion had and enjoyed the benefits of a legal tryal by
jurys in all actions at the Common Law. And we do
with all humility represent to your Majesty that if
in the like cases coming before your Majesty in your
Privy Councill by appeal the reports of merchants
who are under no obligation of an oath and are ever
inclined to favour one another be admitted to overrule
the verdicts of legal juries, your Majesty's subjects
here will be liable to whatever charges and impositions
their factors and correspondents in Great Britain
think fitt to load them with to the great discourage-
ment of their trade and industry. Wherefore we do
most earnestly beseech your Majesty to establish for
the future such a regular course for examining and
reforming the judgments given in your Supreme
Court here that your subjects of this Dominion may
still enjoy the benefit of trial according to the laws
and customs of England under which this Colony was
happily planted and which they account one of their
most valuable privileges etc. Signed, on behalf of the
Council, Robert Carter, and John Holloway, Speaker
of the House of Burgesses. Parchment. I large p.
[C.O. 5, 1337. Nos. 29, 35.]
July 14. 21 7. Mr. Ayscough, Commander in Chief and President of
Jamaica, the Council, at Jamaica, to the Council of Trade and Plantations.
I think it my duty to embrace the first opportunity of acquaint-
ing your Lordships with the melancholy news of the death of
his late Grace the Duke of Portland who departed this life on
the 4th instant after six days sickness ; And as by H.M. Com-
mission and instructions to his Grace, the administration of
publick affairs here devolved upon me, so I immediately took
all possible care for the security of this Government etc. Refers
Ii8 COLONIAL PAPERS.
1726.
to enclosed Address, the original of which is sent to the Duke of
Newcastle, to be laid before H.M. Continues : I do in the
humblest manner beseech your Lordships' countenance to it
etc. I am encouraged the more to ask this favour to our
country from your Lordships' extensive goodness and unwearied
endeavours on all occasions for promoting those things which
may tend to the prosperity and advantage of this Colony,
which justly entitles you to be stiled the Patrons of it. The
multiplicity of publick affairs has prevented me hitherto from
narrowly inspecting into the several Articles of H.M.
Instructions, wherein I am commanded to correspond with
your Lordships, but I shall without loss of time apply myself
with great vigilance, and discharge my duty therein etc.
Concludes : By the last advices we had from Cartagena,
Admiral Hosier, with his squadron, was upon that coast etc.
P.S. The Dutchess and family are to imbarque in a few days
for Great Britain etc. P.S. July 18th. Two days ago arrived
an express from Admiral Hosier who lies at the Bastamentas
with his squadron : He has taken our South Sea ship out of
the harbour of Portobell, and gott money for all the goods
that were on board, and has given the Spanish Governour to
understand that the galleons are not to stir from thence till he
has further orders from our Court. By intercepted letters from
Cuba to Cartagena and Portobell we have account of many
privateers fitting out to cruize upon the coast of this Island,
which will render our Navigation very precarious while the
Admiral lies on the coast with his squadron. Signed, J.
Ayscough. Endorsed, Reed. 17th, Read 19th Oct., 1726.
Marked, " triplicate." 2^ pp. Enclosed,
217. i. Address of the President and Council of Jamaica
to the King, llth July, 1726. Announce death of
the Duke, and assure H.M. of their " utmost vigilance
in the care of this your Island, until your Royal
pleasure shall be further signifyed thereupon." Con-
tinue : This so solemn occasion naturally fills our
minds with the most serious reflections on the state
and condition of this Island which never can be
unaccompanyed with the deepest sense of our duty
to your Majesty from the many instances we have
had of your gracious favour and goodness ; The late
terrible hurrycane still lies heavy upon us, we feel it's
sad effects in a fatal manner, aggravated by the
immediate hand of God upon us, by a long and
excessive drought, severe and pinching for the present,
and dreadfull in it's consequences. The noise of
warr alarms us with the apprehension of more variety
of misfortunes, but from which your Majesties
extensive care, by sending a strong squadron of ships
into these parts, does not only releive us in a great
AMERICA AND WEST INDIES.
119
1726.
July 14.
Jamaica.
July 14.
July 14.
Whitehall.
July 14.
Whitehall.
measure, but is a further pledge of assurance to us,
that whatever human aid can give, we shall receive
from your Majesty. Such considerations embolden
us to lay before your Majesty our humble thoughts
concerning an Instruction, your Majesty was pleased
to give to his late Grace, whereby a former Instruction
against taking of presents was suspended etc. Permitt
us, Great and Gracious Sir, to inform your Majesty,
that the inconveniencies which may arise from the
admission of such presents may be very great etc.
They made provision for such an additional salary to
the Duke as they felt was intended by that Instruction.
But they now pray to be relieved from such a burden,
since it may be fatal to the Island from the inordinate
passions and griping tempers it may by this means
be made liable to etc. Signed, Jos. Maxwell, Cl.
Concil. Endorsed, Reed. 16th Sept., 1726. I large p.
[C.O. 137, 16. ff. 272, 272., 278w.-274w. ; and
(duplicate of covering letter only, without second post-
script) 275-276i;.]
218. President Ayscough to the Duke of Newcastle.
Repeats preceding covering letter, with enclosure. Endorsed,
R. 16th. [C.O. 137, 52. ff. 272t;.-273, 274 ; and (duplicate
of covering letter with postscript added and endorsed, R. 17th
Oct. and duplicate of enclosure) 276-278, 279t'.]
219. Mr. Fane to the Council of Trade and Plantations.
Reply to 3rd May. Thinks Governor Worsley ought to release
the prisoners on giving security to answer any charge brought
against them etc. Signed, Fran. Fane. Endorsed, Reed. 22nd,
Read 28th July, 1726. 1J pp. [C.O. 28, 18. ff. 305, 305u.,
306?;.]
220. Council of Trade and Plantations to the Lords Com-
missioners of the Treasury. Enclose Office accounts from
Christmas to Midsummer, 1726. There was then three months
salary due to the Secretary and other Officers etc. Accounts,
certified, enclosed. [C.O. 389, 37. pp. 263-266.]
221 . Same to the Duke of Newcastle. H.M. having been
graciously pleas'd to grant his royal licence of leave to Lt.
Governor Drysdale, to be some time absent from his Govern-
ment, for the recovering of his health, we take leave to acquaint
your Grace, that according to H.M. Commission to the Rt.
Honble. the Earl of Orkney Governor of Virginia, " the eldest
Councillor, whose name is first plac'd in H.M. Instructions to
his Lordship, who shall be at the time of the death or absence
of the Governor or Lt. Governor residing within the Colony etc.
120
COLONIAL PAPERS.
1726.
July 14.
Kensington.
shall take upon him the administration of the Government"
etc. Colo. Edmund Jennings, the first Councillor so named in
H.M. Instructions, being, as we are inform'd, become now
incapable of executing this trust, by reason of his great age
and infirmities, and his Lordship having recommended to us
Robert Carter, the next Councillor, desire that he may be
granted a Commission to act as Lt. Governor during the absence
of Major Drysdale etc. [C.O. 5, 1365. pp. 292-294.]
222. H.M. Warrant to Attorney or Solicitor General to
prepare a bill for extending the grant of Patrick Crauford as
Provost Marshall General of the Leeward Islands for life.
Countersigned, Holies Newcastle. [C.O. 324, 35. pp. 251-
253.1
July 18.
July 18.
Bermuda.
July 18.
Bermuda.
July 19.
223. Mr. Fane to the Council of Trade and Plantations.
Reports in favour of Act of Antigua for selling of certain lands
lately belonging to Andrew Murray etc. (v. 20th Sept., 1725).
Has delayed his report till he received enclosed certificate.
Signed, Fran. Fane. Endorsed, Reed. 22nd, Read 27th July,
1726. 5J pp. Enclosed,
223. i. Certificate by the guardians of the late Andrew
Murray that they assent to the Act mentioned above.
20th Oct., 1725. Signed and sealed, Alex. Cairnes,
Henry Cairnes, John Murray, Jno. Murray. 1 p.
[C.O. 152, 15. ff. 270, 272-274^., 275r;.]
224. Lt. Governor Hope to the Duke of Newcastle.
Encloses duplicate of 20th April, and begs that " Capt. Francis
Jones may succeed to Major Henry Tucker this day deceas'd."
Signed, John Hope. Endorsed, R. Sept. 23rd. 1 p. [C.O.
37, 28. No. 36.]
225. Same to the Council of Trade and Plantations.
Duplicate of preceding. Signed, John Hope. Endorsed, Reed.
16th Sept., Read 22nd Nov., 1726. 1 p. [C.O. 37, 11. ff.
263, 264v.]
226. Mr. Fane to the Council of Trade and Plantations.
Reply to 21st June. It can never be supposed that an Act of
Parliament made on purpose to guard the King's right and
property in one particular instance should by a strained and
distant implication take away and diminish that right in a
matter no ways the designe of the Legislature. The King by
a generall reservation in his Charter was to have all trees of such
a [specified] growth not expressely given away in townships or
out of them ; Now the only provision made by the Act of the
8th of the King was to prevent his trees out of townships from
being cut down ; it goes no further ; the danger and mischief
AMERICA AND WEST INDIES. 121
1726.
was that such trees as lay out of townships might without
any discovery be cut down and carried away and therefore
the penalty is applied and proportioned to the ease and
practicableness of doing, and the difficulty of having evidence
to convict the offender ; This is the scope and designe of that
clause and it medles with nothing else but leaves the King's
right unimpeached as to the trees in townships which could
not probably be cut down without the knowledge of the King's
Officers and where there could be no likelyhood to cut down
such trees being such as perhaps were very necessary either
for shelter or ornament etc. The King's right to such trees
remains and it has the protection and guard of the Common
Law not only in giving a remedy for the violation of it but in
preventing all attempts upon it by that known rule of law that
no implication shall prevaile against the Crown's interest or
prerogative. Signed, Fran. Fane. Endorsed, Reed. 22nd
July, Read 8th Sept., 1726. 5 pp. [C.O. 5, 869. ff. 347-349,
350i;.]
July 20. 227. Mr. Armstrong to Mr. Burniston. Expresses surprise
New Hampre that he has not heard of anything being done relating to the
waste of H.M. woods of which he has complained etc., and the
claim to cut the trees within their townships in New Hampshire.
Refers again to the 40 trees fit for masts and bowsprits cut in
N. Hampshire for Messrs. Baley and Hawes. Continues :
I told their correspondent Mr. Cradock here to acquaint these
merchants that I had wrote the whole state of the matter home
to you, for which reason I designed to stop them trees, about
a week ago he received an answer from those Gentn. that they
wondered I will presume to stop them trees since they are cut
within township etc. I am in hopes to prove the greatest part
was cut without the township, and am in expectation to here
from you, till which time I must suspend prosecution. But
Mr. Baily and Hawes takes no notice of you at all in their
letter, as if there was no such man as Surveyor of the King's
woods. Here is likewise a contract come from the Navy
Board with the King's lycence, sent here to one Mr. Waldo,
from his correspondant in London. Waldo told me the contract
was for five years to supply H.M. with two ship loads of masts
every year. I have not seen the lycence yet, but Mr. Waldo
told me that there was no mention made of neither you nor
myself, as is common in them cases for in all contracts from the
Crown, they was allwayes directed to the Surveyor Genii, or
his Deputy or ought to be as you will find by your Instructions.
Sr. I am quite craised considering the care and paines I have
taken for preserving the King's timber, and no suitable in-
couragement from home to support me. I will assure you I
have gone so far that I am in danger of my life, as its well
knowne, at home the barbarous treatment Officers meetes
122
1726.
July 20.
Whitehall.
July 21.
Braban
Court.
July 25.
Virginia.
July 25.
Virginia.
July 27.
Canso.
COLONIAL PAPERS.
with here that doth their duty. The last winter being so very
cold and long I have almost lost the use of my limbs and hands
in being so long in the woods. Signed, Rot. Armstrong.
Endorsed, Reed. 7th Oct., Read 3rd Nov., 1726. 2 pp. [C.O.
5, 869. ff. 355, 355t;., 356t;.]
228. H.M. Warrant to Robert Carter to take upon him
the Government of Virginia, in the absence of Lt. Gov. Drysdale,
Edmund Jennings the first Councillor being incapable of
executing this trust by reason of his great age and infirmities
etc. Countersigned, Holies Newcastle. [C.O. 324, 35. pp.
253-255.]
229. Benjamin Curtis to [? the Duke of Newcastle]. Repeats
his recommendation of Othniel Haggatt for the Council of
Barbados, who has been recommended by the Members of
Parliament and other Gentlemen of Bristol etc. Signed, Benja.
Curtis. 2 pp. [C.O. 28, 39. No. 38.]
230. Mr. Carter to the [Duke of Newcastle]. Announces
the much lamented death of Colo. Drysdale, which happened
on the 22nd instant etc., " whereby H.M. has lost a faithful
and zealous servant, and this country a good and just ruler."
Continues : He had some time before his death, upon the view
of returning to England for the recovery of his health, suspended
Mr. Jenings the first of the Council, because of his incapacity
to act as President or to administer the Government during
his absence etc. Refers to Journal of Council. Continues :
By this means the office of President and Commander in Chief
of this Dominion in course devolves on me, etc. Signed, Robert
Carter. Endorsed, Rd. Sept. 10th. 2 pp. [C.O. 5, 1337.
No. 30.]
231 . Same to the Council of Trade and Plantations.
Announces death of Col. Drysdale as preceding. Concludes :
1 am now preparing, as much as an ill state of health will
permitt me, to meet the Council, in order to take the oaths
required etc. I shal forward the duplicates of such publick
papers, as the late Governor has left behind him etc. Signed,
Robert Carter. Endorsed, Reed. 10th, Read 14th Sept., 1726.
2 pp. [C.O. 5, 1320. ff. 82, 82u., 880.]
232. Lt. Governor Armstrong to the Council of Trade and
Plantations. This being the first oppert unity this summer,
of sending any accot. of this Province home, I humbly acquaint
your Lordships that according to my Instructions to Major
Paul Mascarene, 20th Aug. 1725, to goe to Boston and in
conjunction with that Governmt. to agree and conclude a
peace with the Indians, which accordingly he has done etc.
AMERICA AND WEST INDIES. 123
1726.
v. enclosures. Continues : Major Mascarene is now with the
Lt. Governour of new England at Casco Bay ratifying the Peace
with all the tribes of the severall Indian Nations etc. Encloses
agreement made by Lt. Govr. Doucett etc. As for the fishery
at Canso this year its pritty considerable for the number of
vessells, a list of which etc. shall be sent your Lordships in the
fall ; there has been so great a call for fish in New England by
the merchants of London, thats chiefly the reason there is not
so many there as last y ear that together with a Collector being
sent heither by Mr. Lichmore etc. gives the Fishery in some
measure discouragement, who takes from each vessell 6s. Sd.
and the Navill Officer 3s. 4<d. which together a very small sum,
yett makes them grumble having never been taxed anything
before this year upon which I beg your Lordships' directions.
In the middle of September next I shall meet a considerable
body of Indians at Annapolis Royall to confirm the Peace,
and all other points that have not "yett been done to make it
lasting, but I shall be very much at a loss for want of the usuall
presents they generally recieve from H.M. on this occasion and
believe I must raise 3 or 400 credit to make those savages
easey in firmly keeping the peace, and if possible secure their
furr tread for H.M. interest, which chiefly was carryed by them
before to the French Governmt. of Cape Britain in which I
hope your Lordships will prevaill with H.M. to support me in
maintaining his right and the honour of the Crown. I shall
also want H.M. directions about the French inhabitants upon
their takeing the oaths of fedility which they have refused
these severall years past, and as I am informed they are resolved
to quit the Province rather then take it, and have transported
several of their catle and other effects to Cape Britain.
Governour St. Ovide with some troops and his Council are
gone to the Island of St. Johns in the Bay of Vert in order to
make out the lands of that Island for such people and inhabi-
tants as will quit this Province and retire under the Govern-
ment of France, this has been managed by the Missionary
Preists amongst the Indians and french inhabitants in this
Province. As for my part I have been so cautious that I have
given them no manner of offence any way, and have lived in
perfect friendship with the Governour of Cape Britain ever
since my arrivall in this Province and everything now stands
upon the best footting between these two Governments ;
excepting that they are fortified and we left neaked in which
case upon the least difference between the two Crowns we
must be distroyed while they remain saife and secure under
the deffence of their fortification which I gave your Lordshipps
an accot. of last year etc. With submission I must observe to
your Lordships that my expencess are so great in suporting
the honour of this Governmt. and the dignity of the Crown,
without any allowance but my Lt. Collo. subsistance which
124
COLONIAL PAPERS.
1726.
falls short of that support, above 400 sterling this year, and
your Lordships very well knows I have no other fund nor noe
perquisites to help me out with in all the Province which I
hope will induce you to lay my very hard case before H.M. or
the Treasury for a proper supply to suporte the honour of the
Government, etc. Signed, L. Armstrong. Endorsed, Reed.
8th Oct., 1726, Read 1st June, 1727. 2 pp. Enclosed,
232. i. Articles of Peace signed by the Indian Delegates
for Nova Scotia at Boston, 15th Dec., 1725. v.
No. 268. i. Signed, Sanquarum alias Laurens ;
Alexis ; Franois Xavier ; Maganumbe ; (totem
marks), Delegates from the tribes of Penubscutt,
Norrigewock, St. Johns, Cape Sables and other tribes
inhabiting Nova Scotia and New England. 15th
Dec. 1725. Endorsed, Reed. 8th Oct., 1726. Copy. 1 p.
232. ii. Instrument signed by Major Paul Mascarene,
Commissioner for treating with the Indians at Boston,
15th Dec., 1725. Same as No. 268. ii, except that
the right of retaining some hostages as prisoners is
reserved and that it is provided that the ratification
of this treaty shall be at Annapolis Royal etc. Signed,
P. Mascarene. Copy. 1 p.
232. iii, iv. Duplicates of Nos. 268 i, ii. [C.O. 217, 4.
ff. 346-353^. ; and (abstract of covering letter) 217,
30. p. 20.]
July 27. 233. Lt. Govr. Armstrong to [? the Duke of Newcastle].
Canso. Repeats preceding covering letter, mutatis mutandis. No
signature. Endorsed, R. Oct. 5th. Enclosed,
233. i-iv. Duplicates of Nos. i-iv preceding. [C.O. 217, 38.
Nos. 10, 10 i-iv.]
July 27. 234. Mr. Popple to Mr. Fane. Encloses 11 Acts of Jamaica
Whitehall, passed in 1726, for his opinion thereon in point of law, except
the Revenue Act. [C.O. 138, 17. pp. 102, 103.]
[July 27].
Whitehall.
235. Petition of Col. Spots wood to the King. Led by a
publick spirit and a dutiful regard to H.M. pleasure, petitioner
did upon receiving from the Lords Commissioners for Trade,
directions for making hemp and tar, and H.M. Speech to the
Parliament, for raising naval stores in the Plantations, judge it
incumbent on him to promote the same within his Province, and
thereupon deeply imbarked himself in such designs, by taking
up for that purpose large tracts of the Crown's desart lands,
which nobody had yet dared to venture upon, by reason of
their being too remote, and exposed to Indian incursions.
After an excessive deal of trouble, risque and expence, and
particularly in importing about 300 persons for carrying on
these undertakings, he hath brought them such a length, as to
AMERICA AND WEST INDIES. 125
1726.
ship home ye first pig-iron, and ye first hemp of Virginia growth,
that ever were known to be imported into Great Britain :
besides proving by experiments that, in those American ports,
neither ye tar can be made according to ye directions of the
Act of Parliament, without ye peculiar skil of Finland tar-
burners, nor ye hemp ever be raised to any perfection from the
English, or the East country seed. Such discoveries, made at
petitioner's sole cost, are a publick benefit, and the early fruits
of his labour valuable to the Nation : for his new iron has
continually grown in demand with all those iron-masters
in England, who have hitherto made trial thereof; and his
new hemp is proved to be considerably superior to ye best
Russia, and equal in strength with ye best Riga hemp : as
may appear by ye report from ye Officers of Woolwich yard to
ye Commrs. of H.M. Navy, made in Oct. last. By a clause
in the Lords Justices' order, 6th Aug., 1723, he is now in danger
of being cruelly construed out of the greater part of his
possessions, contrary to the declared intent of the order as a
bountiful encouragement to venture upon exposed lands etc.
Moreover, petitioner being obliged, by his removal from the
Government, and some other discouragements, to forbear
carrying on the said undertakings in so extensive a manner,
as it was at first intended, he is likely to be too heavily burthened
with the quit rents of useless lands, unless your Majesty ease
him in the charge thereof, or at least allow him to make a
surrender of such lands, as he had taken up with the view of
making tar. Petitioner is worthy of H.M. favour because
(i) It was his zeal to promote what appeared to be H.M.
pleasure and the nation's interest which first engaged him in
these land concerns, (ii) He has already very dearly pur-
chased from other claimants their rights to those lands, and
fully complied with the law of the Colony in making sufficient
improvement thereon, (iii) Owing to their remoteness, he
has been obliged to seat them with a formidable strength,
and so run a mighty risque, as well as been at an extraordinary
charge in maintaining the possession of them, until he happily
obtained of the Five Nations to relinquish their pretentions
thereto. (iv) To compass this point, he travelled 1200 miles,
and not only underwent the fatigue of a 3 months expedition,
but also bore 600 of the expenses thereof, which he has never
yet been reimbursed. (v) By this Treaty he obtained a quiet
cession of about three million acres to the Crown, and by new
regulations of his own forming while he was Governor, improved
H.M. revenue of quit rents from 1000 to 3000 sterl. per
ann. etc. Prays that above mentioned Order may be so
expounded, that he may remain in clear and quiet possession
of his lands, and reap the benefit of the 7 years remission of
rights and quit rents granted thereby ; and that he may be
allowed to surrender such lands, as he had taken up with the
126
COLONIAL PAPERS.
1726.
July 27.
Whitehall.
July 28.
Whitehall.
view of making tar, or else be granted, for an encouragement
to go on with the undertaking, to hold those lands for a yearly
quit rent of a barril of tar : in wch. last case he will do his
utmost to procure, at his own expence, from Finland, men
skilled in making tar from green pines, as the Act directs.
Signed, A. Spotswood. Overleaf,
235. i. H.M. is pleased to refer this petition to the Council
of Trade and Plantations etc. Whitehall, July 27,
1726. Signed, Holies Newcastle. The whole, endorsed,
Reed. 5th, Read 30th Augt., 1726. 2j pp. [C.O. 5,
1320. ff. 29-30i;. ; and (petition only) 5, 1344. No. 1.]
236. Duke of Newcastle to Governor Hart. Encloses
following. " I desire you will please enquire into this case,
and interpose so far as may be agreable to law and reason,
that justice may be done in it." Signed, Holies Newcastle.
Annexed,
236. i. Memoir of Col. Jean Lapradelle. Statement of
claims against Pierre Buor, Major in Col. Alexander's
regiment, and owner of two plantations in St. Christo-
phers. Prays for an order of payment. French.
[C.O. 324, 35. pp. 256-260.]
237. Council of Trade and Plantations to the Lords of
the Committee of Privy Council. Upon Col. Shute's petition,
referred to them 2lst June, represent that, We do entirely agree
with your Lordships, that it is both just and reasonable that
the Assembly of New England should pay Col. Shute's arrears
of salary, and likewise make a fixed and honourable provision
for H.M. Governor of that Province for the future. We are
likewise humbly of opinion, that it is highly necessary for H.M.
service that Colo. Shute who has so strenuously asserted H.M.
right, should be sent back again in quality of Governor to that
Province, that the people of New England may see that H.M.
will support his faithfull servants in the discharge of their
duty. As to Col. Shute's arrears, we conceive the payment
thereof should be computed at a medium of such annual salaries
the Assembly of New England have usually allowed him ; But
we are humbly of opinion that the future provision to be made
for the Governors of that Province, should be at least 1000
sterling. In order to induce the Assembly to comply with
H.M. pleasure in these particulars, H.M. may be graciously
pleased to recommend the same in the most strenuous terms,
under His royal sign manual, to their consideration, and Col.
Shute may have the honour to carry H.M. commands to them
upon this subject. But as it is doubtful whether the people
of New England will pay a ready obedience to H.M. orders,
so we beg leave to propose that H.M. may be graciously pleased,
considering Col. Shute's great expence and long attendance
AMERICA AND WEST INDIES.
127
1726.
July 28.
Whitehall.
July 28.
July 28.
Whitehall.
July 28.
Whitehall.
July 28.
July 28.
July 28.
July 28.
here on H.M. service, to extend his royal bounty to the said
Col. Shute, to enable him to discharge the expence of his voyage
to New England ; But if the people of New England shall not
comply with H.M. directions herein, we know no other method
so effectual to reduce them to a compliance, as to lay a state
of that Province before the Parliament. As to the Province
of N. Hampshire, H.M. may be likewise graciously pleas'd to
recommend to His Council and Assembly to pay Col. Shute's
arrears, and settle a salary on him for the future, in proportion
to their circumstances : And as this Province is more immed-
ately depending upon H.M. pleasure than New England ; it
is to be hop'd they will readily comply therewith. [C.O. 5,
915. pp. 458-461.]
238. Council of Trade and Plantations to the King. In
obedience to Order of 5th July, enclose Instructions to
Governors for suspending the execution of judgments in cases
of appeals etc. (v. 5th July.) Mem. Draughts of Instructions
were enclosed for Jamaica, Leeward Islands, Bermuda, N.
Hampshire, N. York, N. Jersey, Virginia, S. Carolina ; and
No. Carolina, Maryland, Pensylvania, Connecticut, Rhode
Island ; but none for Bahama or Nova Scotia, there being no
Court established. [C.O. 324, 11. pp. 32, 33.]
239. Draft of above Instruction to the Governor of Jamaica,
with alterations by the Lords of the Council indicated. [C.O.
138, 17. pp. 106-109.]
240. Corrected draft of above Instruction to the Governor
of S. Carolina. [C.O. 5, 400. pp. 222-225.]
241 . Corrected draft of above Instruction for Governor
Shute (New Hampshire). [C.O. 5, 915. pp. 461-464.]
242. Corrected draft of above Instruction for Governor
Burnet, New Jersey. [C.O. 5, 996. pp. 140-142 ; and New
York (Set out, N.Y. Col. Docs. V. pp. 816, 817), 5, 1124.
pp. 391-394.]
243. Corrected draft of above Instruction to George,
Earl of Orkney, Governor of Virginia. [C.O. 5, 1365. pp.
296-299.]
244. Drafts of above Instruction for Rhode Island,
Connecticut, North Carolina, Maryland and Pennsylvania.
[C.O. 5, 1293. pp. 401-403.]
245. Draft of above Instruction to Lt. Governor Hope,
Bermuda. [C.O. 38, 8. pp. 40-42.]
128
COLONIAL PAPERS.
1726.
July 28.
[July 28].
July 28.
Whitehall.
July 28.
Whitehall.
July 29.
Whitehall.
July 29.
Whitehall.
July 29.
Whitehall.
246. Corrected draft of above Instruction to Governor
Hart. [C.O. 153, 14. pp. 222-225.]
247. Memorial by Mr. Stevenson concerning Governor the
Duke of Portland's proceedings upon the Acts of Jamaica in
Nov. 1725 and March, 1726. (v. llth April.) Endorsed, Reed.
Read 28th July, 1726. f p. [C.O. 137, 16. ff. 255, 256i>.]
248. Mr. Popple to Lt. Governor Wentworth. Acknow-
ledges letters etc. of 12th Sept., 1724, 21st Jan., 27th Aug., 1725,
and 27th March, 1726. Continues : As it frequently happens
that letters from the Governors of H.M. Plantations, as well
as the papers referr'd to in their letters, do frequently miscarry,
you are desir'd for the future to take notice in the body or
postscript of all your letters, by whom you send them, and by
the next conveyance constantly to send duplicates of your
last letters, and of the papers enclos'd therein, that it may be
known for the future, to whose neglect the loss of letters is to
be imputed. There having been no regular accounts trans-
mitted to this Office from New Hampshire of the number of
negroes that have been annually imported there either by the
African Compy. or by the Separate Traders ; My Lords Com-
missioners desire you will send hither by the first opportunity
as perfect an account as you can get for as long a space of
time backwards as you can etc. and that for the future a regular
account may be annually sent to us. [C.O. 5, 915. pp. 464,
465.]
249. Council of Trade and Plantations to the King.
Recommend H.M. disallowance of Act of Jamaica, 1726, for
granting a Revenue to H.M. etc., as inconsistent with H.M.
Instructions to the Governor etc. [C.O. 138, 17. p. 103.]
250. Mr. Popple to Mr. Fane. Encloses for his opinion
in point of law Act of Jamaica, 1725, for raising several sums
of money and applying the same to the use of parties etc. [C.O.
138, 17. p. 104.]
251. Same to Same. Encloses, for his opinion in point
of law, Acts of Barbados. (i) for the preservation oj fish
(1725) ; (ii) for erecting magazines at St. Ann's Castle, and
building a Town Hall and goal in the Town of St. Michael's
(1726) ; (iii) for the payment of money due from the Publick to
the Honble. Will Downes (1726). [C.O. 29, 14. p. 426.]
252. Same to Same. Encloses, for his opinion in point
of law, 3 Acts of New York, Nov., 1725, (i) to let to farm the
excise, etc. ; (ii) for continuing bills of credit ; and (iii) to revive
and continue several Acts. [C.O. 5, 1124. p. 394.]
AMERICA AND WEST INDIES.
129
1726.
July 29.
Whitehall.
July 29.
Kensington.
Aug. 4.
Virginia.
Aug. 8.
St. Chris-
tophers.
253. Same to Same. Encloses, for his opinion in point
of law, 2 Acts of Bermuda, (i) for the greater encouragement of
planting Indian corn, (ii) against bastardy. [C.O. 38, 8.
pp. 42, 43.]
254. Order of King in Council. Referring ,to a Committee
of the Privy Council the Revenue Act of Jamaica passed 5th
March, 1726. Signed, Robert Hales. Endorsed, Reed. 2nd,
Read llth Aug., 1726. 1 p. [C.O. 137, 16. ff. 259, 260*;.]
255. President Carter to the Council of Trade and Planta-
tions. Since my last etc. (25th July) I have had a meeting of
the Council, by whose concurring advice, I have taken on me
the administration of Government as President. Such is the
peaceable state of this Colony, that besides the usual Proclama-
tions for continuing officers in their several trusts and imploy-
ments, there was nothing of moment necessary to be treated
of etc., for which reason I forbear troubling your Lordps. with
the Minutes etc. Forwards duplicates of acts and journals of
last session etc. Signed, Robert Carter. Endorsed, Reed.
29th Oct., Read 2nd Nov., 1726. If pp. [C.O. 5, 1320.
ff. 84, 84u., 85v.]
256. Governor Hart to the Council of Trade and
Plantations. Acknowledges letter of 9th Feb. Continues :
Mr. Pym Burt and Mann have been sworn into the Council,
agreeable to your Lordships' commands. I submit to what
your Lordships observe to the uniting of the Council and
Assemblys of St. Christophers and Nevis ; Tho' I hope upon
my arrival in England I shall set that matter in so clear a
light, as may deserve your Lordships' further consideration.
Acknowledges Attorney and Solicitor General's opinions relating
to persons who commit capital crimes in the lesser Islands
etc. As for the petitions of John Gratehead and Thomas
Rowland, they are all concluded by the Commission H.M.
has been pleas'd to grant to Lt. General Mathew, Gilbert
Fleming and Edward Mann Esqrs. for disposing of the late
French lands in this Island etc. Refers to enclosures. Continues :
I shall from time to time acquaint your Lordships with the
proceedings of these Commissioners. And tho' no exact
computation can be made at present what the sale of these
lands will amount to, yet I beleive they will come out at about
100,000 sterling. I am lately return'd from the Island of
Antego, where I have dispatch'd all the buisness in the Chancery
Court, Court of Errors, Council and Assembly, and intend to
return thither in October. I found that Island in a miserable
condition from the dry weather, but very plentiful rains have
fallen lately, which hath releiv'd all their necessities, as well
as at Nevis and Mountserrat which were likewise miserably
C,P. XXXV 9
130 COLONIAL PAPERS.
1726.
afflicted with the same dry weather. And had not these
Islands been well supply'd with provissions from the Colonys
in North America, it must have produc'd a famine. Whilst
I was at the Chancery Court in Antegoa, Mr. Freeman a lawyer
gave me an authentick copy of their Excellencies' Order, the
petition exhibited against me, etc., and I requir'd the Deputy
Clerk of the Council to make a minute on the back of it, of the
time of the delivery of the said Order, in the presence of Lt.
General Mat hew, and Major General Byam Lt. Governor of
Antegoa, which I intend to answer as soon as possible, being
oblig'd in order to justifye myself, to take a voyage to Nevis
and Mountserrat this season of the year, when hurricanes are
dayly expected etc. I do not doubt to Justine my conduct etc.
I don't doubt but your Lordships are sooner and better advis'd
by the way of Jamaica ; But the Governor of St. Eustatia has
advis'd me that by a sloop, lately come from Jamaica and
Curraso, Admiral Hosier was sail'd with the squadron from
Jamaica for Porto Bell in June last. Signed, Jo. Hart.
Endorsed, Reed. 14th, Read 19th Oct., 1726. 3 pp. Enclosed,
256. i. H.M. Commission to Lt. General William Mathew,
Gilbert Fleming and Edward Mann for " agreeing
with any of our subjects for the absolute purchase of
the " late French part of St. Christophers, 16,000 acres,
called Basseterre and Cabusterre Quarters etc. No
one lot to contain more than 200 acres etc. All form er
grants terminable at will are now declared void.
St. James's, 4th June, 1726. Signed, R. Walpole,
Cha. Turner, Geo. Dodington. Endorsed as preceding.
Copy. Spp.
256. ii. Notice of sale and termination of grants, in accord-
ance with preceding. St. Christophers, 6th Aug.,
1726. Signed, William Mathew, Gilbert Fleming,
Edwd. Mann. Same endorsement. Copy. I p.
256. iii. Notice inviting offers for purchase of lands and
requiring tenants to state particulars of the land in
their possession. Same signatures, date and endorse-
ment. 1J pp. [C.O. 152, 15. ff. 292-296, 2970.-
298u., 299z;.]
Aug. 9. 257. Order of King in Council. Referring following to
Kensington, the Council of Trade and Plantations for their report. Signed,
Ja. Vernon. Endorsed, Reed. 19th, Read 30th Aug., 1726.
1 p. Enclosed,
257. i. Petition of Henry Newman, Agent for New
Hampshire, to the King. Prays H.M. to grant an
explanation of the clauses in the Charter of the
Massachusetts Bay relating to the boundaries of
New Hampshire and the adjoining Provinces of
Massachusetts Bay and Main (v. 27th March).
AMERICA AND WEST INDIES.
131
1726.
Aug. 9.
Kensington.
Aug. 9.
Kensington.
Aug. 9.
Kensington.
Aug. 9.
Kensington.
Though Commissioners have been appointed by the
Government of each Province to settle those
boundaries they have not, by reason of some ambiguity
in the words of the Charter, been able to agree upon
the construction of said clauses. The delay of
settling these lines hath occasioned great feuds be-
tween H.M. subjects inhabiting near the boundary
of Massachusetts Bay and New Hampshire ; the
Collectors of taxes for each Province claiming the
publick tax, and have proceeded to arrest and imprison
such as have refused to pay to both Provinces. The
yearly encrease of such inhabitants makes it absolutely
necessary that some accommodation should be made
for preserving peace between them etc. Signed,
Henry Newman. Copy. 2 pp.
257. ii. Copy of the clauses of the Charter of the Massa-
chusetts Bay referred to in preceding. 3j pp.
257. iii. Plan of the disputed boundary between New
Hampshire and Massachusetts Bay. (Probably the
" verry exact draft of Merrymack River " sent by Lt.
Governor Wentworth, 27th March, 1726, q.v. Ed.)
Mounted on boards. Scale, 40 miles. [C.O. 5, 869.
ff. 340, 341-343*;., 346.]
258. Two Orders of King in Council. Repealing Revenue
Act of Jamaica (v. 29th July). The Governor is to recommend
in the strongest manner to the Council and Assembly the
passing of the bill prepared by the Board of Trade etc.
Set out, A. P. C. III. pp. 75-78 q.v. Signed, Robert Hales.
Endorsed, Reed., Read 7th Sept., 1726. 8} pp. [C.O. 137,
16. ff. 261-264t;., 265z;. ; and (1 p.) 266, 266t;.]
259. Order of King in Council. Appointing John Daily
and John White (v. 6th July) to the Council of Montserrat.
Signed, Robert Hales. Endorsed, Reed., Read 7th Sept., 1726.
1 p. [C.O. 152, 15. ff. 282, 283z;.]
260. Order of King in Council. Appointing Carey Broad-
belt to the Council of Nevis. Signed and endorsed as preceding.
1 p. [C.O. 152, 15. ff. 284, 285v.]
261. Order of King in Council. Ordering a Commission
to be passed under the Great Seal, relating to ecclesiastical
jurisdiction in the Plantations, and appointing a Court for
hearing appeals from sentences passed by virtue of said Com-
mission etc. Set out, A. P. C. III. No. 74, q.v. Signed,
Robert Hales. Endorsed, Reed., Read 7th Sept., 1726. 4 pp.
[C.O. 323, 8. No. 67.]
132
COLONIAL PAPERS.
1726.
Aug. 11.
Whitehall.
Aug. 11.
Whitehall.
Aug. 11.
Whitehall.
Aug. 11.
Whitehall.
Aug. 12.
Aug. 12.
Middle
Temple.
262. Mr. Popple to Mr. Fane. Encloses for his opinion
in point of law 28 Acts passed in the Massachusetts Bay, Oct.
1723 Nov. 1725, enumerated. [C.O. 5, 915. pp. 466-470.]
263. Same to Mr. Willard. Acknowledges letters etc. of
5th Dec., 1724, 26th May, 6th Nov., 1725, 3rd June, 1726.
My Lords Commissioners will take into consideration the Acts
enclosed when Mr. Fane has made his report etc. Repeats
instructions as to correspondence as above., 28th July. [C.O. 5,
915. p. 471.]
264. Same to Governor Worsley. Encloses Mr. Fane's
opinion upon the men detained by him upon suspicion of
piracy etc. [C.O. 29, 14. p. 426.]
265. Same to Governor Hart. Encloses Mr. McDowalFs
petition etc. Continues : My Lord Commissioners desire you
will, as soon as possible send your particular answer to the
said complaint. In the mean time their Lordships do expect,
that you would not give him any disturbance in his possessions.
[C.O. 153, 14. p. 226.]
266. Mr. Stevenson to Mr. Delafay. Encloses following
in order that " My Lord Townshend may be fully informed
of the difficulties the Duke of Portland lay under " etc. Signed,
Alexr. Stevenson. If pp. Enclosed,
266. i. Extracts of letters from Governor the Duke of Port-
land to Mr. Stevenson (cf. 1st. June). l%pp>
266. ii. Memorial by Mr. Stevenson upon the proceedings in
Jamaica, explaining why the Governor gave his assent
to the Revenue Act and Perpetuity bill etc. of March
1726, contrary to his Instructions (v. 1st June etc.).
3| pp. [C.O. 137, 52. ff. 280, 2800., 282, 2S2v., 284-
285^.]
267. Mr. Newman to the Duke of Newcastle. Encloses
following. Signed, Henry Newman. 1 p. Enclosed,
267. i. Address of the Lt. Governor Council and Repre-
sentatives of New Hampshire to the King. We your
Majesty's most dutifull and loyal subjects, haveing
a deep and gratefull sense of the many and great
blessings we enjoy under the influences of your
Majesty's most auspicious reign ; by the present
wise and prudent administration of Government in
this remote part of your Majesty's Dominions, beg
leave unfeignedly to congratulate your Majesty's
safe and happy return etc. and successfull negotiations
in forming and entering into such powerfull alliances,
whereby not onely the tranquility of your own good
AMERICA AND WEST INDIES.
133
1726.
Aug. 16.
Annapolis
Royall.
subjects is like to be perpetuated, the general Peace
of Europe continued, the infatuated schemes and
hopes of your Majesty's enemys in favour of the
Pretender blasted and defeated; But also, the dis-
tresses of our Protestant suffering brethren abroad
releived etc. Signed, Richard Waldron, Cl. Con.,
Peter Weare, Speaker. 21st May, 1726. 2 pp
[C.O. 5, 10. Nos. 8, 8.i.]
268. Lt. Governor Doucett to the Council of Trade and
Plantations. Has kept Governor Philipps informed of affairs
etc. Continues : Severall Indian tribes have been att this
Garrison to ratifye the peace with us (v. enclosures). They
seem to be quite tired of the warr and are extreamly well
pleas'd with the peace, and beleive they will never make warr
upon this Government whatever they might doe with New
England, without Great Britain and France should be att
warr and then no doubt butt they would do us all the mischief
they could, notwithstanding a great many have declar'd to
me they woud never take up arms against either of the two
Crowns butt that they wou'd live neuter and friends to both.
They have cost me near 300 in presents and feasting, butt as
H.M. has been pleased to give my leave for some months to be
absent from hence, shall not give your Lordships any further
trouble att present, butt to beg you will please to look into
enclosure Hi etc. Signed, John Doucett. Endorsed, Reed.
4th, Read 10th Nov., 1726. 3 pp. Enclosed,
268. i. Copy of Articles of Peace ratified by Lt. Governor
Doucett and chiefs and representatives of the
Penubscut, Norrigewock, St. Johns, Cape Sables and
the other Indian tribes, belonging to and inhabiting
this H.M. Province of Nova Scotia, in pursuance of
the agreement concluded at Boston 15th Dec., 1725,
by their delegates and Major Paul Mascarene, which
required that the said Articles should be ratified at
Annapolis Royal. Wee doe for ourselves and the
said tribes wee represent, acknowledge his Majestic
King George's jurisdiction and dominion over the
territorys of Nova Scotia or Accadia, and make our
submission to his said Majestic in as ample a manner
as wee have formerly done to the Most Christian King.
Undertake not to molest inhabitants ; to restore
deserters ; to make satisfaction for any robbery or
outrage committed ; in case of any quarrel or injury
between the English and Indians to take no private
revenge, but to apply for redress according to H.M.
laws ; and to restore any prisoners now held. Anna-
polis Royall, 4th June, 1726. 64 signatures. Endorsed,
Reed. 4th Nov., 1726. 1 large p.
134
COLONIAL PAPERS.
1726.
Aug. 16.
Annapolis
Royal.
Aug. 17.
Whitehall.
Aug. 18.
Whitehall.
268. ii. Instrument signed by Lt. Governor Doucett, by
and with the advice of the Council, upon the signing
of preceding agreement. Promises protection and
friendship to the Indians, who shall not be molested
in their planting and hunting etc., nor in their religion,
provided the missionaries residing amongst them
have leave from the Government for so doing. Any
Indians injured by H.M. subjects or their dependants
shall have satisfaction according to H.M. laws,
whereof the Indians shall have benefit equal with
H.M. other subjects. On bringing back any soldier
endeavouring to desert, they shall be handsomely
rewarded. Releases the Indian prisoners. Annapolis
Royall, 4th June, 1726. Signed, John Doucett.
Endorsed as preceding. 1 large p.
268. iii. Certificate by the Officers and inhabitants of
Annapolis Royall as to Lt. Gov. Doucett's honesty
and zeal for H.M. service. Annapolis Royall, 16th
Aug., 1726. 32 signatures. Endorsed as preceding.
lj pp. [C.O. 217, 4. ff. 316-323i;. ; and (abstract of
covering letter) 217, 30. p. 21.]
269. Lt. Govr. Doucett to the Duke of Newcastle. Repeats
preceding covering letter, mutatis mutandis. Signed, John
Doucett. Endorsed, Rd. Nov. 17th. 3 pp. Enclosed,
269. i-iii. Duplicates of Nos. 268. i-iv. [C.O. 217, 38.
Nos. 11, 11 i-iii.]
270. Lord Townshend to Governor the Duke of Portland.
At the request of the Spanish Minister, Marquis de Pozzo-Bueno,
asks him to see that justice is done Don Manuel de Aramburu,
whose ship, Nostra Senora de Belem, was taken by a Jamaica
privateer in 1715, and there condemned as prize. He has
obtained a reversal of the sentence by the Lords Commissioners
of Appeals in causes of the Admiralty etc. Signed, Townshend.
Annexed,
270. i. Petition of Manuel de Aramburu relating to above.
[C.O. 324, 35. pp. 278-280.]
271 . Duke of Newcastle to Governor the Duke of Portland.
Encloses King's letter and two orders for repealing the Revenue
Act etc. Refers to letters etc. of 7th July. Continues : All
I shall add is, to assure your Grace, as you may with great
truth do the Council and Assembly of Jamaica, that all possible
regard has been had in the transaction of this matter to their
true interest and safety, to the security of their property and
liberty, to a due administration of justice, and to whatever
might contribute to the preserving of peace and good order
among them, and to the advancement of their trade and welfare.
AMERICA AND WEST INDIES.
135
1726.
It is therefore hoped, that the Council and Assembly will not
look upon the matters contained in the draught of an Act
which has been sent you to be proposed to them as a law
intended to be imposed upon them, but as the effect of H.M.
tender care and regard for them, that they will receive and
embrace it with all the respect and gratitude due to so signal
an instance of H.M. goodness, and will accordingly without
any farther difficulty pass a law to that effect, which will
receive H.M. most gracious approbation, and such their dutifull
deportment will not fail to intitle them to farther marks of H.M.
favour as oppertunities hereafter may offer. H.M. does expect
from your Grace, that you will exert your utmost endeavours,
care and diligence to make them fully sensible of this ; and
does strictly charge you, not to pass any Act for making the
revenue there and their laws perpetual upon any other foot
than what is prescribed you by the directions contained in the
several letters from H.M. and from me, and the Orders of
Council beforementioned. I heartily wish you success in this
affair etc. Signed, Holies Newcastle. Annexed,
271. i. The King to Governor the Duke of Portland.
Kensington, 18th Aug., 1726. Refers to repeal of
Revenue Act of 1726, and recounts report of Com-
mittee of Privy Council thereon (v. 8th Aug.), and
charges him to pursue the orders given him on 7th
July, by immediately recommending said matters
to the Council and Assembly, etc. Countersigned,
Holies Newcastle.
271. ii, iii. Copies of two Orders of Council, 9th Aug., 1726,
q.v. [C.O. 324, 35. pp. 260-278.]
Aug. 19. 272. H.M. Warrant appointing Othniel Haggat to the
Kensington. Council of Barbados. Countersigned, Holies Newcastle.
[C.O. 324, 35. pp. 280, 281.]
Aug. 22.
Barbados.
273. Governor Worsley to the Duke of Newcastle. I have
the honour to transmit etc. this years Excize Act, which differs
from the last in two particulars which are excluded therein ;
the first, is for the payment of such orders as are, or shall be
issued, by the Governr. or Commander in Chief for the time
being, by and with the advice and consent of the Members of
H.M. Council, payable to the Attorney General of this Island
for his trouble in carrying on prosecutions against criminals,
and for his advice for the service of this Island, etc. The other
is for the payment of the sallary appointed for the Agent etc.
Encloses Journal of Council 15th March 8th June, 1726;
of the Court of Chancery, 13th April 6th July ; and of the
Assembly, 5th July 2nd Aug. etc. Continues : Mr. Walker
who I had appointed in the room of Mr. Carter, H.M. Attorney
General, being lately dead, and Mr. Carter being not yet returned,
I have appointed Mr. Jonathan Blenman till Mr. Carter's
136 COLONIAL PAPERS.
1726.
return ; This gentleman is a very able lawyer, of good circum-
stances, and very well affected to the present Government.
Signed, Henry Worsley. Endorsed, R. Oct. 20th. 3 pp.
Enclosed,
273. i. List of fines, forfeitures and escheats at the Grand
Sessions of Barbados, 14, 15th June, 1726. Signed,
Cha. Browne, Dep. Cl. Cor. 1 p.
273. ii. Duplicate of preceding.
273. iii. List of (20) cases at the Grand Sessions, Barbados,
June, 1726. Signed as preceding, p.
273. iv. Duplicate of preceding.
273. v. Deputation by John Cornelius, of Ipswich, Gentle-
man, Clerk of the Navy Office, Barbados, to Samuel
Wadeson. 6th Jan., 1725. Signed, Jno. Cornelius.
Copy. \^pp.
273. vi. Deputation of same to Henry Carter, 17th June,
1726. Signed as preceding, f p.
273. vii. Instruction of Same to Same. Same date and
signature. Copy. 4j pp.
273. viii. Same to Governor Worsley. Begs the favour of
H.E. protection for his Deputy etc. Same date and
signature. Copy. 1 p.
273. ix. 54th Article of Governor Worsley's Instructions.
WPP-
273. x. 57th Article of Governor Worsley's Instructions, fp.
273. xi. Duplicate of No. ix.
273. xii. Power of Attorney by Thomas and Francis
Reynolds of London Esqrs., Provost Marshal General
of Barbados, and Francis Reynolds, Marshal of the
Vice Admiralty Court, to Henry Lascelles and Thomas
Harper to appoint a deputy in the case of the death
etc. of Oliver Kennedy, their deputy etc. 31st Aug.
1720. Signed, Thos. Reynolds, Fra. Reynolds. Copy.
5pp.
273. xiii. Power of Attorney by Charles Huggins of London,
Clerk and Remembrancer of the Court of Exchequer,
Barbados, empowering Rev. William Gordon and
Nicholas Hope, to appoint a deputy in place of his
deputy upon his death etc. 6th Dec., 1720. Signed,
Charles Huggins. Copy. 3% pp. [C.O. 28, 44. Nos.
103, 103 i-xiii ; and (duplicates of Nos. vi-viii) 28, 39.
Nos. 36, 37, 37.L]
Aug. 22. 274. Governor Worsley to the Council of Trade and Planta-
Barbados. tions. Duplicate of preceding covering letter. Signed, Henry
Worsley. Endorsed, Reed. 25th Oct., Read 2nd Nov., 1726.
3 pp. Enclosed,
274. i, ii. Duplicates of Nos. 273. i, iii. [C.O. 28, 18.
ff. 309-312, 3I3v.]
AMERICA AND WEST INDIES.
137
Cannons.
1726.
Aug. 22. 275. Duke of Chandos to [? the Duke of Newcastle}.
Encloses following. Signed, Chandos. Holograph. I p. Enclosed,
275. i. David Pugh to the King. Kingston, 10th May,
1722, 28th May, 1726. A proposal for a secret expe-
dition for reduceing the Spanish West Indies to the
Crown of England. Suggests that a force be dis-
patched with arms to beat up volunteers in the various
Islands and then land to the north of the Havannah,
etc. Signed, D. Pugh. 2thpp. [C.O. 137, 52. j^.286,
288-289.]
Aug. 22.
Boston.
276. Lt. Governor Dummer to the Council of Trade and
Plantations. After some delays occasioned partly by the
severity of the last winter, in which it was very difficult for the
Indians to pass and repass from one tribe to another, the rati-
fycation was accomplished at Falmouth in Casco Bay the
sixth of August etc. Refers to enclosures. The Indians appear
to me to be in a very good disposition at present to perform
their engagements, and it shall be my care etc. by all proper
means to cultivate that disposition in them, and the Generall
Court of this Province having granted a sum of money to be
imployed in trade with them whereby they will be constantly
supply'd at easy rates with every thing they need, I am in
hopes they may in a short time be intirely drawne from their
dependance on the French, and especially if H.M. shall be
pleased of his royal bounty to order a small annual present to
be made them by the Governour of this Province as he has
graciously done for the Westerne Indians under the direction
of the Governour of New York, which seems the more needfull
here because the Governours of Canada have practised it with
these Indians etc. Refers to enclosures. Signed, Wm. Dummer.
Endorsed, Reed, llth Oct., 1726, Read 8th June, 1727. 2} pp.
Enclosed,
276. i. Minutes relating to the ratification of the Peace with
the Eastern Indians, July 16th llth Aug., 1726.
The Lt. Governor, with a Quorum of the Council and
some of the Representatives arrived at Falmouth
16th July. On the 21st, they received a letter from
Wenemouett, Chief Sachem of the Penobscot Indians,
insisting that the Conference should be held at
Pemaquid. The Indians were informed that they
must attend at Falmouth as arranged, which they did
on 29th. A conference was begun on the following
day, and the ratification concluded 6th Aug. In
addition to above, there were present Lt. Governor
Wentworth and George Jaffrey, Shadrach Walton,
and Richard Vibird of the Council of New Hampshire
were present, and Major Paul Mascarene, commissioned
by Lt. Gov. Armstrong of Nova Scotia ; Wenemouett
138
1726.
COLONIAL PAPERS.
and other Sachems. The Narridgwock, St. Franois
and Wowenock Indians were not present. Details
of the Conference. Signed, Wm. Dummer, Wene-
mouett Sachem, Totem mark ; John Wainwright,
Cler. Cone. Endorsed as preceding. Copy. 23 pp.
276. ii. The Tryals of Sixteen Persons for Piracy etc., at
Boston, 4th July, 1726. Four were found guilty.
It was ordered that William Fly, Samuel Cole and
Henry Greenvill should be executed, "at the usual
place for the execution of pirates, in or near Charles
River," and the body of Fly, the leader, hung in
chains on an Island called Nick's Mate, near the
entrance of the harbour of Boston. George Condick,
a drunken, ignorant fellow who served as ship's
cook, was reprieved. Fly, boatswain of the snow
Elizabeth of Bristol, with the rest of the crew of 15
men had risen in the night and thrown the Captain
and Mate overboard. The deposition of Captain
William Atkinson, who was captured and compelled
to act as pilot for the pirates, describes their voyage
under the black flag. Led by deponent, Fly was
seized and overpowered by some members of his
own crew, and the ship brought in to Boston. Printed
and sold by Joseph Edwards, at the corner shop on the
north side of the Town-house, 1726. Quarto. 24 pp.
[C.O. 5, 869. ff. 381-406*;.]
Aug. 22.
Boston.
277. Lt. Governor Dummer to [? Duke of Newcastle].
Encloses ratification of Peace with Indians, and trial of pirates
(as preceding), one of whom is recommended for H.M. grace.
Concludes : I shall pursuant to H.M. Instructions inclose your
Grace an inventory of the piraticall goods taken on the said
pirate in order to receive H.M. directions concerning the dis-
posall thereof etc. Signed, Wm. Dummer. Endorsed, Presidt.
Dummer etc. 2 pp. Enclosed,
277. i. Copy of No. 276. i. 26 pp. [C.O. 5, 898.
Nos. 38, 38.L]
Aug. 23.
Whitehall.
278. Mr. Popple to Mr. Cumings. My Lords Commissioners
have lately had under their consideration your letters of 10th
Oct., 22nd Dec. 1724, 23rd June, 1725, and 28th June last.
They thank you for the information therein given and desire
you would let them have the scheme you mention for the
advancement of trade etc. by the first opportunity etc. If they
find it answers the end you propose, they will recommend you
to the proper Offices, that you may obtain the reward you desire.
[C.O. 5, 915. p. 472.]
AMERICA AND WEST INDIES.
139
1726.
Aug. 31.
Whitehall.
Aug. 31.
Whitehall.
Sept. 4.
279. Council of Trade and Plantations to the King.
There has long been a dispute depending between your Majties.
subjects of the Colony of Virginia and those of North Carolina,
concerning their respective boundaries, and the Governors of
those two Colonies having some time since agreed upon certain
proposals for terminating the said dispute, and for regulating
the boundaries for the future. Wee communicated a coppy
of ye said proposals soon after they came to our hands, to the
Lords Proprietors of Carolina, and have but very lately receiv'd
their assent thereunto. Whereupon having duly consider'd
the said proposals, and conceiving the regulations thereby
intended to be for your Majties. service, wee crave leave here-
with to lay a copy thereof before your Majtie. and humbly to
propose that your Majtie. may be graciously pleas'd to signifie
your orders to your Govr. of Virginia, to settle the boundaries
in conjunction with the Govr. of Carolina, agreeable to the
said proposals. [C.O. 5, 1365. pp. 299, 300.]
280. Council of Trade and Plantations to the Duke of
Newcastle. Being inform'd that your Grace has lately obtain'd
H.M. Orders for appointing Othniel Haggot Esqr. to be a
Councillor in Barbados, upon the first vacancy that shall
happen there, we beg leave to acquaint your Grace, that it has
always been esteem'd the right of this Board to propose proper
persons to H.M. for the filling of such vacancies when they
have happened ; and your Grace's predecessors in the
Secretary's Office have been so sensible of this right, that when
they have been solli cited to obtain H.M. Orders to put in any
Councillors in H.M. Colonies abroad, and even when the Crown
has been disposed so to do, letters have been previously sent
to this Board, to know whether we had any objection thereto,
as your Grace will see by two precedents here inclosed.
Autograph signatures. If pp. Enclosed,
280. i. Copies of C. S. P. 1710-1711. Nos. 771 and 854.
280. ii. Mr. Secretary Craggs to the Council of Trade and
Plantations, Nov. 14, 1718. v. C. S. P. under date.
280. iii. Council of Trade and Plantations to Mr. Secretary
Craggs, Nov. 19, 1718. 'v. C. S. P. under date.
280. iv. Same to the King. Nov. 28, 1718. v. C. S. P.
under date. [C.O. 5, 4. Nos. 30, 30 i-iv ; and
(without enclosures) 389, 37. pp. 266, 267; and
29, 14 V p. 427.]
281. Mr. Shelton to Mr. Popple. The Lords Proprietors
of Carolina being all of them out of town, I thought fit to
informe you, that their Lordships gave instructions to Mr.
Burrington their late Governour of North Carolina to settle
the boundaries between Virginia, and that Province according
to the agreement made between Col. Spotswood and Mr. Eden ;
140
COLONIAL PAPERS.
1726.
Sept. 7.
Whitehall.
Sept. 7.
Whitehall.
Sept. 8.
Whitehall.
Sept. 8.
Whitehall.
Sept. 8.
Whitehall.
Sept. 8.
Whitehall.
Sept, 9.
Treasury
Chambrs.
Sept. 10.
Westmr.
and since their Lordships have given similar instructions to
Sir Richard Everard whome they have sent to succeed Mr.
Burrington etc. Signed, Ri. Shelton. Endorsed, Reed. 6th
Sept., 1726, Read 23rd June, 1727. 2 pp. [C.O. 5, 1266.
ff. 215,
282. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, Act of New York, 1726, to empower Walter
Dungan, surviving kinsman of Thos. late Earl of Limerick, and
two trustees to sell part of his estate for the payment of his debts
etc. [C.O. 5, 1124. p. 395.]
283. Same to Same. Encloses, for his opinion in point
of law, 2 Acts of Antigua, 1726. [C.O. 153, 14. p. 227.]
284. Mr. Popple to Robert Armstrong, Deputy Surveyor
of the Woods. My Lords Commissioners have lately had under
their consideration your letters of 5th Nov. 1725, and 10th
March last etc. Encloses for his information and use Mr.
Fane's opinion upon Crown rights to the woods (July 19).
[C.O. 5, 915. p. 473.]
285. Same to Lt. Gov. Wentworth. Encloses Mr. Fane's
opinion as preceding. [C.O. 5, 915. p. 474.]
286. Mr. Popple to Col. Spotswood and Mr. Leheup.
Encloses following queries for their answers as soon as possible :
(i) What number of acres Col. Spotswood possesses ? (ii) by
virtue of what grants ? (iii) date of those grants ? (iv)
Whether all the regular and accustomed steps were pursued in
obtaining and making out those grants ? (v) What are the
usual rights requisite to be produced upon the making of
grants ? (vi) When are these rights payable ? [C.O. 5,
1365. p. 301.]
287. Council of Trade and Plantations to the King.
Propose for confirmation Act of Antigua, 1725, for selling lands
lately belonging to Andrew Murray etc. [C.O. 153, 14. p. 228.]
288. Mr. Leheup to Mr. Popple. In reply to 8th Sept.
encloses following. Signed, Peter Leheup. Endorsed, Reed.
9th, Read 14th Sept., 1726. 1 p. Enclosed,
288. i. Replies to queries of 8th Sept. Quotes the Receiver
General, John Grymes. v. Feb. 15 encl. i. Ij pp.
[C.O. 5, 1320. ff. 37, 38, 3Sv., 40u.]
289. Col. Spotswood to Mr. Popple. Yours of the 8th
instant etc. could not but lay me under some concern, to observe
that all I had already offered to your Board have been hardly
AMERICA AND WEST INDIES.
141
1726.
Sept. 14.
Whitehall.
Sept. 14.
Whitehall.
Sept. 14.
Whitehall.
Sept. 20.
N. Provi-
dence.
considered ; for I cannot more particularly set forth the points
now in question, than I have already done etc. Hopes that he
will be allowed to be present when the Board considers his
affair and to point out to their Lordships where he has already
answered their queries etc. Continues : But I am somewhat
surprized at the tendency of these queries, which look as if
their Lordsps. were upon trying the legal right to my lands
(in wch. case I hope I shall be allowed to appear by my Counsel)
etc. Understands the reference of his petition to be for a
report upon his services and the merit of his proposal etc.
Signed, A. Spotswood. Endorsed, Reed. 12th, Read 14th
Sept., 1726. Holograph. 1 p. [C.O. 5, 1320. ff. 35r.,
290. Mr. Popple to Sir Philip Yorke and Charles Talbot
Esq., (Attorney and Solicitor General). Requests their opinion
in point of law as to Crown rights in N.E. woods, in same terms
as Feb. 16th and 21st June, q.v. [C.O. 5, 915. pp. 475, 476.]
291 . Council of Trade and Plantations to the Lords Com-
missioners of H.M. Treasury. Recommend application of
Governor and Council of Bahama Islands that bills for H.M.
share (183 175. 4d.) in forfeited brigantine may be allotted
for the public debts of those Islands, contracted chiefly for the
expence of the fortifications (v. 30th June), etc. Continue :
By the last year's accounts the Bahama Islands appear to be
indebted 664 ps. of |, 7j ryals chiefly on account of tools and
necessaries for the use of the fortifications, and for carrying
on other publick works. If therefore your Lordships shall
think fit to intercede with H.M., as they desire, we are of
opinion it will be of great service to that infant settlement,
more especially considering their little capacity of paying that
summ, where their income bears so small a proportion to their
necessary disbursements, as your Lordps. will see by the
annexed copy of their receipts and payments for the last year.
[C.O. 24, 1. pp. 83, 84.]
292. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 13 Acts of Virginia, 1726 (enumerated). [C.O.
5, 1365. pp. 302-304.]
293. Governor Phenney to the Council of Trade and
Plantations. Mr. Ferrall continuing greatly to misbehave in
a most notorious manner, has oblig'd me to trouble your
Lordships with the several papers enclos'd concerning him.
He was convicted at the last Sessions of the Peace of
blasphemous words, and by order of the Justices, is under
confinement till he finds sureties for his future good behaviour.
As it will very much tend to the peace of this Government, I
humbly hope H.M, will vouchsafe to grant the prayer of our
142
COLONIAL PAPERS.
1726.
Sept. 20.
N. Provi-
dence.
Sept. 21.
Ch evening.
petition. Refers to letters of 28th Jan. and 20th June. Con-
cludes : Till I have your Lordships' answer I shall remain
at a loss about grants of lands and other particulars therein
desir'd etc. Signed, G. Phenney. Endorsed, Reed. 26th,
Read 27th Jan., 172. 1 p. Enclosed,
293. i. Petition of the Governor and Council and Commission
Officers of the Independent Company in the Bahama
Islands to the King. July, 1726. Enclose proceedings
concerning Lt. Simon Ferrall, who in spite of repri-
mands, continues to be guilty of divers misbehaviours
unworthy of a Gentleman, and pray that he may be
removed from the garrison, and ordered to pay his
debts and depart these Islands etc. Signed, G. Phenney
and 9 others. Same endorsement. 1 p.
293. ii. Minutes of Council of the Bahama Islands, 13th-
26th July, 1726, relating to charges and petitions
against Lt. Ferrall for disorderly and mutinous conduct
etc. Same endorsement. Copy. 31 J pp. [C.O. 23,
2. ff. 39, 40i;., 41, 43-58i;., 59u.]
294. Governor Phenney to the Duke of Newcastle. Begins
as preceding covering letter. Concludes : I am at a great loss
for want of advices from home, it being near ten months since
we had a vessel from England. Prays for His Grace's protection.
Signed, G. Phenney. Endorsed, Rd. 25th Jan., 172 f. 1 p.
Enclosed,
294. i. Duplicate of No. 293. i. [C.O. 23, 13. ff. 428,
429i;., 430t;., 431.]
295. Wavell Smith to the Council of Trade and Plantations.
Requests that they will make good the omission in their report
upon his petition, which does not mention the employment of
a private Secretary by Governor Hart in the business of the
Government. Evidence was given to the Board on this point
etc. Signed, Wavl. Smith. Endorsed, Reed. 24th Sept., Read
19th Oct., 1726. Addressed. If pp. Enclosed,
295. i. Deposition of William Fetherstonhaugh of St. James,
Westminster, 24th Nov., 1725. Deponent acted as
private Secretary to Governor Hart in Antigua,
Montserrat and Nevis, signing grants and public
documents and receiving fees for the same. John
Barker, the Governor's brother-in-law acted likewise
as his Secretary, etc. Signed, W. Fetherstonhaugh.
I p.
295. ii. Order by Governor Hart to the present possessors
of the late French lands in St. Kitts to bring in their
grants for renewal, St. Christophers, 9th June, 1722.
Signed, by H.E.'s command, W. Fetherstonhaugh.
Copy. | p. [C.O. 152, 15. ff. 286-287^., 289*;.]
AMERICA AND WEST INDIES.
143
1726.
Sept. 21. 296. Wavell Smith to Mr. Popple. Sends evidence to
Cheevening. induce the Board to advise the repeal of the Act of St. Kitts,
1724, reducing many fees of his office and taking others entirely
away and giving them to the Chief Justice and a new officer
called Judge's Clerk etc. His stay in England is purely on
account of his awaiting, after two years solicitation, a deter-
mination of this matter and of the question of the private
Secretary etc. (v. preceding). Signed, Wavl. Smith. Endorsed,
Reed. 24th Sept., Read 19th Oct., 1726. 3pp. [C.O. 152
15. ff. 290-291t;.]
Sept. 21. 297. Mr. Dummer, Agent for the Massachusetts Bay, to
Mr. Popple. In obedience to their Lordpps. commands I have
had a meeting with Mr. Newman to discourse about the
boundaries, but we can't as yet lay anything regularly or fully
before their Lordpps., because the Committee appointed to
give me instructions on this subject, have not yet dispatcht
them. In the mean time I find that on 28th of June last both
Houses of the General Court appointed Commissrs. to treat
with Commissrs. from New Hampshire in order fully to adjust
the difference between them, which is afterwards to be laid
before the respective Assemblys for their information, and
then before H.M. for his Royal approbation. As this seems
the most rational as well as amicable method to setle the
divisional line, so it will save their Lordpps. a good deal of
trouble. There came in a ship from Boston yesterday, who
met my brother at sea returning from Casco Bay, and he brings
advice, that the peace was concluded with all the tribes of the
Indians, and the ratifications mutually exchang'd. Signed,
Jer. Dummer. Endorsed, Reed. 22nd Sept., Read 19th Oct.,
1726. l^pp. [C.O. 5, 869. ff. 351, 351i;., 352v.]
Sept. 22. 298. Duke of Newcastle to President Carter. Acknowledges
Whitehall, letter of 25th July and refers to H.M. sign manual of 12th July
q.v. Concludes : As the Government was then intended to
be put into your hands. H.M. is very well satisfyed, that,
upon this occasion of [Col. Drysdale's] death, it should for the
present remain so, not doubting but you will do everything
in your power to promote H.M. service and the good of the
Colony. Signed, Holies Newcastle. [C.O. 324, 35. p. 282.]
Sept. 23. 299. Duke of Newcastle to President Ayscough.
Whitehall. Acknowledges letter of 14th July " received a few days
ago " etc. Continues : H.M. is very well pleased with the
assurances you have given of your care and vigilance in the
discharge of the trust reposed in you, which is the more
necessary during the present unsettled state of the island,
till such time as the Revenue Act and the laws depending on
it shall be confirmed : and as the settling this matter is of
144 COLONIAL PAPERS.
1726.
very great importance to H.M. service and the interest and
security of the island, I am to recommend it to you in a
particular manner to pursue the Instructions, which have
lately been transmitted to the Duke of Portland for that
purpose. Refers to letters and orders of 7th July and 18th
Aug. q.v. Continues : But the ship, by which these last
letters were intended to go, being not yet sailed, you will not
receive them, till this letter comes to your hands, which I
thought proper to mention to you, to obviate any mistakes
that might happen upon your receiving orders addressed to the
Duke of Portland, at the same time that I write to you, as
having the Government for the present entrusted to you ;
you will easily conceive that the not addressing the orders
immediately to yourself was only to save time, and to avoid
the forms, which they must otherwise have passed through
before H.M. in Council : and since H.M. present sentiments
with regard to those orders are the same as when they were
first signified, there seems to be nothing farther necessary,
than what I have now done, in explaining the matter etc.
With your letter I received an Address of the President and
Council to H.M., which he was pleased to receive very graciously,
and they may be assured, that H.M. will not be wanting on
his part to give them all due marks of his favour and protection.
As to your own particular I wish you all good success in the
trust which is devolved on you, and I question not but so long
as it shall be continued to you, you will discharge it with a
due regard to H.M. Instructions and the good of your country.
Signed, Holies Newcastle. [C.O. 324, 35. pp. 283-285.]
Sept. 25. 300. Lt. Governor Wentworth to the Council of Trade
Province and Plantations. Refers to letter of 17th March, " since which
littJe ^ a ^ occurr'd ; a little vessell hath been seazed by our
Collecter for breach of Acts of Trade in bringing Corseco wines
to this port etc., and the ratification of a peace with the Indians,
and all (? though) this Province was not so emediatly concern'd
in the reasons of the war yet we were verry willing to joyn
with the Massechusets in makeing the peace. The greate
[? reason] the Indians gave for makeing the war was our makeing
new settlemts. up there rivers which obstructed there fishing
and hunting twenty or thirty leagues eastward, which this
Province had no hand in it. etc. Refers to copy of ratification
sent by Lt. Gov. Dummer, v. 22nd Aug. Continues : I hope
this peace will bee lasting. The small number of French that
are on our sea cost will be allway doing what they can to
disturb our peace as well [as] the Jesuits allso. Encloses
Minutes of Council to 21st May, and the year's expence of gun-
powder. Continues : And when I come to mention gunpowder
I do with greatist submition renew my petetion, which has
been spread before your Lordships about four years, and has
AMERICA AND WEST INDIES.
145
1726.
been reported to other great Ministers of State in our favour
for which we crave leave to most humbly thank your Lordships,
and hope finaly to obtain, we being in extreem want etc. That
and the settling the lynes betwen this and the Massechusets
Government will greately sett us to rights. I would gladly
walk on my hands and knees seven miles to have it accom-
plished, such is the hardship at or near our lyne that it is not
to bee boarn, nay they have been makeing settlemts. six miles
to the norward of there lyne in some places etc. I have no
sinester ends to serve but purely the bennifit of the publick
etc. What I wrote the 17th March I very much undersaid
destruction of mast trees. I then advised of upwards of 12,000
logs cutt from Dec. to March. I say more then 17,000 etc.
Signed, J. Wentworth. Endorsed, Reed. 17th Dec., 1726,
Read 8th June, 1727. 3j pp. Enclosed,
300. i. Account of stores of war in Fort William and Mary,
N.H., 28th May 1724-1726. Signed, J. Wentworth.
Endorsed, Reed. 17th Dec., 1726. 2j pp. [C.O. 5,
869. ff. 437-438*;., 439t;.-441r;.]
Sept. 29. 301 . Petty expences of the Board of Trade Midsummer to
Michaelmas, 1726. 113 13s. 6d. Stationery, 64 18s. 9d.
Postage, 33 11s. Od. Wood and coals, 33 Is. 5d. Endorsed,
Read Jan. 10, 172&. 5J pp. [C.O. 388, 78. ff. 151,
155-156?;., 159, 159*;., 161,
Sept. 29. 302. H.M. Warrant to John Mulcaster, for returning H.M.
Kensington. part of ft f or f e it ure ( v . Sept. 14th) to the Government of the
Bahamas etc. Countersigned, R. Walpole, Cha. Turner, Geo.
Dodington. [24, 1. pp. 91, 92.]
Oct. 2. 303. President Ayscough to the Council of Trade and
Jamaica. Plantations. Acknowledges letter of 6th July and H.M. com-
mands with the draught of the Revenue bill and bill for per-
petuating the laws. Continues : Some days before I received
these dispatches I had with the advice of the Council prorogued
the Assembly to the 18th instant ; but have since issued a
Proclamation commanding their attendance at that time on
the most important affairs ; and at their meeting I shall not
fail to represent to them H.M. unparall'd goodness and con-
descension in parting with his patrimonial Revenue here for
their welfare and defence, and confirming to them their laws for
perpetuity. By what I can hitherto judge of the draught of
this bill, there can be but one objection made to it by the
Assembly, and that is the latter clause in it which provides
for the two Independent Companies, which some say is intailing
upon us a military force to perpetuity, whereas the people of
England only provide for the forces there from year to year ;
but at their meeting I shall, in the most moving and pressing
C.P. xxxv 10
146 COLONIAL PAPERS.
1726.
terms I am capable of, endeavour to persuade them to accept
of this draught in the manner H.M. has now been pleased in
so condescending a manner to approve, and which is so
apparently for their own advantage and security that I am
in hopes they will waive their objection, when they seriously
consider the great benefit that will accrue to them by having
their laws made perpetual, and H.M. Revenue here appropriated
to their own support for ever. Encloses answers to Queries.
Continues : The Naval Officer and Collector of Customs
have not yet returned to me their accots., tho' several times
required ; and as for an exact list of the Militia, I shall give
fresh orders to the several Colonels to transmitt them as soon
as possible, etc. The Naval Officer informs me that a correct
list of negroes imported since 1707 will be difficult to make out
by reason many of the books of his Office have been destroyed
in the late hurricane etc. I shall carefully observe what your
Lordships mentioned with respect to the conveyance of letters :
This goes by H.M.S. the Kingsale, Captn. Garlington Com-
mander, who convoys the Royal George, a ship belonging to
the South Sea Company. By the last advices we had from
Admiral Hosier, he was still lying with his squadron at the
Bastamentas near Portobell ; and that noe blows had yet
happen'd. The Island is at present healthy and everything
in perfect peace and tranquility. Signed, J. Ayscough.
Endorsed, Reed. 3rd, Read 28th April, 1727. 3 pp. Enclosed,
303. i. Replies to Queries by the Board of Trade. (1) The
trade of this Island arises from imports from Great
Britain, Ireland, Madera, Guinea and the Northern
Colonies. The imports from Great Britain are such
commodities as are most consumed by the inhabitants,
or are vendible with the Spaniards and reexported ;
those from Ireland provisions for the inhabitants
and shipping, or sent to the Bay of Honduras. From
Madera, wines : from Guinea negroes, purchased by
the planters for their sugar works or exported by the
South Sea Agents to make good the Assiento contract
with the Spaniards, of the best sort ; others re-
exported by the private traders of the middling and
lower sorts to the Spaniards and French, and very
few to the Northern Colonies. From the Northern
Colonies are imported and consumed in Jamaica :
From New England, lumber, oyle, ordinary fish and
herrings ; from New York and Pennsylvania, flour
and lumber ; from Virginia and Carolina, pork,
Indian corn, beef, rice and lumber. Exports to
Great Britain etc. are the produce of the country,
vizt. sugar, rum, cotton, indigo, piemento, ginger,
fustick and other goods. Logwood, the produce of
the Bay of Honduras, indigo, the produce of our
AMERICA AND WEST INDIES. 147
1726.
trade to Hispaniola, snuff, cocoa, some indigo,
cochinele, gold and silver, the returns on the Spanish
trade by the South Sea Agents and private traders.
(3) The Island has no trade with foreign Plantations
except sometimes cocoa from Curagao either in our
own vessels sent there with rum, or in some Northern
vessel as barter for their provisions or lumber carried
there. (4) Illegal trade. Of late several Dutch and
French ships have put in here for necessaries ; but,
notwithstanding all the care that has been used, and
the instructions given to the country's guard sloop,
we have not been able to prevent their running of
goods ; for when they go out of a port or before they
come in, they go into distant places where there is no
sufficient strength, nor any fortifications ; by which
means it is believed they have conveyed considerable
quantities on shoar. (6) All attempts to discover
mines have proved ineffectual. (9) There has been
very little difference as to the number of the
inhabitants for some years past, but H.M. confirmation
of the Act for encouraging white people to come over
and become settlers etc. will be a great encouragement
etc. (11) Fort Charles at Port Royal is the principal
fortress, and at present in a better state of defence
than ever, tho' as yet not finished. The second is
called the Rock Fort, upon the Harbour of Kingston,
about 6 miles to the eastward of that town, a pass of
great consequence, as it secures the communication
from the easter most parts of the Island to the heart
of the country. The third is at the westermost side
of Port Morant Harbour. The fifth is at Carlisle
Bay, called Carlisle Fort. The last four are greatly
out of repair, having received much damage by the
late storms ; but are intended to be repaired immedi-
ately after the fortifications at Port Royal are finished.
(12) The French at Hispaniola, the Spaniards at Cuba,
Porto Rico and their parts of Hispaniola, grow more
formidable every day, by their neglecting no oppor-
tunity whatsoever to encourage the increase of their
inhabitants. (13) The French increasing in their
settlements in Hispaniola, may in time have a very
ill effect on this Island, as it lies directly to the wind-
ward thereof. The Spaniards also ought to be taken
notice of, for fitting out ships and vessels under
pretence of guarding their own coasts in the West
Indies, which constantly take our ships and vessels
coming from Great Britain, and the Northern Colonies,
and on their return from hence are carried into their
respective ports and there condemn'd as lawful prize,
148 COLONIAL PAPERS.
1726.
tho' taken in a piratical manner. (14) The Revenue
as it now stands will amount to about 8000 pr. annum,
and is all appropriated to support the contingent
charges of the Government etc. (15) The number of
acres already granted by the Crown etc. and what
remains ungranted, is at present impracticable to be
known. (17) States civil and military establishments
etc. Other replies are referred to accounts to come from
the Naval Officer and Collector of Customs. Endorsed
as covering letter. 9 pp. [C.O. 137, 16. ff. 353-359,
3600.]
Oct. 2. 304. President Ayscough to the Duke of Newcastle. Ack-
Jamaica. nowledges letter of 7th July and repeats part of preceding
covering letter. Signed, J. Ayscough. Endorsed, R. 1st
April, 1727. 2J pp. [C.O. 137, 52. ff. 292-293u.]
Oct. 7. 305. D. Wescomb to Mr. Popple. Encloses following to
So. Sea be laid before the Board. Signed, D. Wescomb. Endorsed,
Reed. 8th, Read 19th Oct., 1726. 1$ pp. Enclosed,
305. i. Court of Directors of the South Sea Company to the
Council of Trade and Plantations. 6th Oct., 1726.
Enclose certificate of duties paid by the Company or
charged to their account upon negroes exported from
and imported into Jamaica, 1721-1725. The duties
complained of are continued, and the relief formerly
given with respect to negroes imported for refresh-
ment only is also in effect taken away for the last and
present years, there being a proviso in the Acts that
no negro shall be deemed to be brought into Jamaica
for refreshment, in case any part of the ship's cargo
be landed or sold there ; neither of which, in the
nature of the Company's trade, can be avoided.
Pray that said duties may be refunded, the Acts com-
plained of not having been approved of and contrary
to H.M. Order in Council 9th Jan., 1717, and Instruc-
tions etc. Signed, D. Wescomb. 2 pp.
305. ii, iii. Certificate and accounts referred to in preceding.
Signed, Charles Lloyd, Receiver General ; Richd.
Rigby, Edwd. Pratter, Agents to the Royal British
Assiento Company. 7 pp.
305. iv. Memorandum by the South Sea Company. Suggest
that the Governor of Jamaica may be instructed to
admit appeals in all cases where the Company is
concerned. In the case of duties on the Company's
negroes, no one action may ever reach the value at
present allowed to be appealable, though the conse-
quence of the determination affecting all ships, may
affect the Company in ten times its value etc. If
AMERICA AND WEST INDIES. 149
1726.
appeals were so allowed, it might check the repeated
practice of passing laws so directly opposite to H.M.
Instructions. 1J pp. [C.O. 137, 16. ff. 277-282,
284, 284u., 286i;.]
Oct. 13. 306. Commodore Bouler's replies to Heads of Enquiry
relating to the Newfoundland Fishery. The answers are
practically identical with those for 1725 (v. C. S. P., 10th Oct.,
1725) with following variations : (xxiii) The price of fish was
this year in most places five ryalls a quintall dearer than the
Bank fish, (xxiv) There are no persons to administer justice
during the winter season, except at Placentia and Canso.
(xlvi) The Admirals of the fishing ships seem more diligent ~*
in their shops and storehouses ashore than in taking and curing
of fish, however the cheife reasons of the fish being not so good
as it used to be, is that the fish do not come in so early as here-
tofore so that the great part of the summer season being over
the latter part is most attended with wet, and that prevents
their being thoroughly cur'd. I cannot find there is any abuse
in the ordering thereof, nor is there any method (in my opinion)
to be taken to make them better. Signed, E. Bouler. 26 pp.
Annexed,
306. i. Scheme of the Newfoundland Fishery for 1726.
Totals : Number of ships, 167 (70 American) ;
burthen, 11,774 ; men belonging thereto, 2339 ;
passengers, 1497 ; boats kept, 735 ; by-boatmen,
1535 ; fish made, 173,770 quintals ; fish carried to
foreign markets, 173,770 ; salmon, 900 teirces ;
train-oil, 861 tons. Prices of fish 32 to 27 ryals,
salmon 2 5*. Od. pr. tierce ; train oil, 10 to 13 pr.
tun ; value of seal oil made last winter, 6305 ; value
of furs taken by inhabitants, 1900 ; number of train
fats and stages, 449 ; number of families who kept
houses, 419 ; number of inhabitants, 3617 ; of which
remained in the country last winter, 2992 ; births,
since departure of last convoy, 61 ; deaths, 26. 4 pp.
The whole endorsed, Reed. 13th Feb., Read 3rd May,
172$. [C.O. 194, 8. ff. 27-39t;., 410.-43, 45u.]
Oct. 14. 307. Governor Burnet to the Duke of Newcastle. Encloses
New York, following, and repeats part. Concludes : I have lately met
the Indians at Albany, where I have taken all the measures
that I could think of, to preserve their fidelity to H.M. I shall
send a copy of my transaction with them as soon as it can be
prepared, it being much longer than usual and requiring to be
first translated from the Dutch in which the Interpreter always
repeats what the Indians say etc. Signed, W. Burnet.
Endorsed, Rd. Dec. 3rd. 2 pp. Enclosed,
307. i. Duplicate of No. 308. [C.O. 5, 1092. Nos. 50, 50 i ;
and (without enclosure) 5, 1085. No. 58.]
150
COLONIAL PAPERS.
1726.
Oct. 14.
New York.
Oct. 14.
New York.
Oct. 19.
Whitehall.
Oct. 19.
Whitehall.
Oct. 22.
Philadelphia
308. Governor Burnet to the Council of Trade and
Plantations. Transmits, with comments, 20 Acts passed in
New York on 17th June ; with sessional papers, and Naval
Officer's accounts for Perth Amboy. Continues : When the
Assembly had ended their business I thought it proper to
dissolve them because they had not now granted H.M. Revenue
in so ample and honourable a manner as they had done formerly.
Besides they had subsisted during the term of eleven years,
and I found it would highly please the people to have a new
choice. The new Assembly met 27th Sept. etc. Encloses his
Speech and their reply. Continues : There has been no
session of the Assembly held in New Jersey this year, but
early in the spring I am to meet them. Set out, N.Y. Col.
Docs. V. pp. 781-783. Signed, W. Burnet. Endorsed, Reed.
4th, Read 8th Dec., 1726. 7 pp. Enclosed,
308. i. Governor Burnet's Speech to the Assembly of New
York, 27th Sept., 1726, with their reply. Endorsed,
Reed. 4th Dec., 1726. Printed. 4 pp. [C.O. 5,
1054. ff. 33-SSv.]
309. Governor Burnet to Mr. Popple. Refers to enclosures
as above. Concludes : I am gathering accounts in answer
to the querys in your last etc. Signed, W. Burnet. Endorsed,
Reed. 4th, Read 8th Dec., 1726. 1 p. Enclosed,
309. i. List of enclosed Acts referred to above. Endorsed,
Reed. 4th Dec., 1726. 2J pp. [C.O. 5, 1054. ff. 29,
30v.-32v.]
310. Council of Trade and Plantations to the Honble. Jno.
Ayscough, President of the Council and Commander in Chief
of Jamaica. Reply to 14<th July q.v. and acknowledge Address.
Continue : We have no reason to doubt but that you will do
whatever in you lies to promote the publick service, pursuant
to H.M. Instructions. [C.O. 138, 17. p. 105.]
311. Same to Mr. Carter, President of the Council of
Virginia. Acknowledge letter of 25th July etc. Conclude :
Wee have no reason to doubt but that you will doe whatever
in you lies, to promote the publick service, pursuant to H.M.
Instructions. [C.O. 5, 1365. p. 304.]
312. Lt. Governor Gordon to the Duke of Newcastle. I
no sooner had the honour of your Grace's commands than I
made enquyrie for the children of Coll. Bonar and have found
three of them two boys and a girle and have sent them over
by this ship to Baron Spar. Thanks his Grace for his goodness
to him, etc. Signed, P. Gordon. Endorsed, Rd. Dec. 24.
2 pp. Holograph. 2 pp. [C.O. 5, 1234. No. 8.]
AMERICA AND WEST INDIES.
151
1726.
Oct. 24.
313. Copy of grant by the Lords Proprietors of 1000 acres
in South Carolina to Thomas Taylor of Dublin, at a quit-rent
of I2d. pr. 100 acres yearly, " he having satisfied us of his
intentions and designs to transport himself and to carry over
with him several planters handicrafts artificers and other
persons of his own proper costs and charges." Signed, Carteret,
Beaufort, Craven, Ja. Bertie, Hen. Bertie, J. Colleton. [C.O.
5, 290. pp. 251, 252.]
[Oct. 25.] 314. Mr. Dummer to Mr. Popple. Encloses votes of
Assembly, " and desire you'l excuse the dirtyness of them,
having been forc'd to borrow them, my own being lent to a
Gentleman, who happens this time to be out of town." Signed,
Jer. Dummer. Endorsed, Reed. 25th Oct., Read 2nd Nov.,
1726. f p. [C.O. 5, 869. ff. 353, 354i>.]
Oct. 25. 31 5. Grant by the Lords Proprietors of S. Carolina of four
Baronies, of 12,000 acres each, surrendered by Thomas Lowndes,
to Isaac Lowndes, Charles Edwards, John Beresford, and
Thomas Lowndes. Signed, Carteret, P. Beaufort, Craven,
Ja. Bertie, Hen. Bertie, John Tyrrel, J. Colleton. Copy.
[C.O. 324, 49. ff. 69-71.]
Oct. 31. 316. H.M. Warrant to Attorney and Solicitor General to
Kensington, prepare a bill for a Commission to the Bishop of London for
exercising ecclesiastical jurisdiction in the American Colonies.
Countersigned, Holies Newcastle. Copy. [C.O. 324, 35. pp.
298-309.]
Nov. 1.
Spanish
Town,
Jamaica.
317. President Ayscough to the Council of Trade and
Plantations. Encloses duplicate of Oct. 2nd etc. The Assembly
met the 18th past etc. Refers to Speech enclosed. Continues :
I persuade myself your Lordships will be of opinion that I
have enforced H.M. commands in as full and clear a manner
as possible ; but I have not yet been so happy to receive an
answer from them on that subject; This perhaps may in some
measure have proceeded from the general consternation a late
terrible calamity has put us under, for on the 22nd day of
October last a most dreadful hurricane happened here which
has laid waste many houses and plantations and destroyed the
greatest part of the shipping which were then in our harbours
etc. (v. enclosure ii) ; there were but two ships that escaped
the storm without damage, one rode it out at the North part
of the Island, the other at the Leward part thereof ; this letter
goes by the former, being very desirous your Lordships should
have the earliest account of this melancholy news, the King's
house and other publick buildings in this town are very much
shattered, tho' the fortifications on Port Royal have not suffered
so much as in the former [hurricane ; neither has this storm
152
COLONIAL PAPERS.
1726.
Nov. 1.
Spanish
Town,
Jamaica.
Nov. 2.
Whitehall.
Nov. 2.
Whitehall.
Nov. 4.
Kensington.
been so general throughout the Island, as the former]* ; but
in such parishes where it happened to light, it has done vast
mischief etc. By the next ship which probably will sail in ten
days, I shall give your Lordships my sentiments concerning
the Assembly's proceedings in relation to the draught of the
bill for perpetuating their laws, and should they not in a few
days give some answer to H.M. gracious recommendations I
shall again remind them of their duty. Signed, J. Ayscough.
Endorsed, Reed. 10th, Read 13th Jan., 172 'f. 2pp. Enclosed,
317. i. Copy of the Weekly Jamaica Courant, with News
Foreign and Domestick. Oct. 26th, 1726. Contains
the President's Speech to the Assembly, 18th Oct.
Printed by M. Baldwin. Price One Bit etc. 4 quarto
pp.
317. ii. Copy of Same, Nov. 2, 1726. Contains a poem to
the Goddess Liberty on the Anniversary of King
William's landing etc., and an account of the Hurricane
and list of ships lost and stranded etc. 4 pp. as
preceding. Nos. i, ii, endorsed as covering letter.
[C.O. 137, 16. ff. 327, 327y., 328v.-332v., 333v.]
318. President Ayscough to the Duke of Newcastle.
Repeats part of preceding covering letter etc. Signed, J.
Ayscough. Endorsed, R. 16th Jan. Enclosed,
318. i, ii. Duplicate of Nos. i, ii preceding.
318. iii. Naval Officer's Account of the loss of shipping in
the hurricane of 22nd Oct. 2 pp. [C.O. 137, 52.
ff. 294, 295u., 296-299U., 300t;., 301.]
319. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, Excise Act of Barbados, 1726. [C.O. 29, 14.
p. 428.]
320. Same to Same. Encloses, for his opinion, Act of St.
Christophers, 1724, for establishing a Court of King's Bench and
Common pleas etc., and settling certain fees etc., and the complaint
of Mr. Smith, Secretary of the Leeward Islands, that it takes
away several fees belonging to him etc. My Lords Commis-
sioners would also have your opinion, supposing Mr. Smith's
allegations to be true, what effect the repeal of this Act would
have upon the constitution of St. Christophers. [C.O. 153,
14. p. 229.]
321. Order of King in Council. Referring to Committee
of Privy Council Act of Antigua for selling certain lands of
Andrew Murray, and representation thereon of 8th Sept.
Signed, Temple Stanyan. Endorsed, Reed. 8th, Read 10th
Nov., 1726. 1 p. [C.O. 152, 15. ff. 302, 303v.]
* These words are inserted from the duplicate received later.
AMERICA AND WEST INDIES.
153
1726.
Nov. 4. 322. Order of King in Council. Referring to Committee
Kensington, representation of 31st Aug., on boundaries of Virginia and N.
Carolina. Signed and endorsed as preceding. 1 p. [C.O. 5,
1320. ff. 86, 870.]
Nov. 7.
Nov. 9.
Whitehall.
323. Mr. Fane to the Council of Trade and Plantations.
Reply to 2nd Nov. Has no objection to Excise Act of Barbados.
Signed, Fran. Fane. Endorsed, Reed. 9th, Read 10th Nov.,
1726. 1 p. [C.O. 28, 18. ff. 314, 3I5v.]
324. Mr. Popple to Lt. Gov. Dummer. There has lately
been referr'd to my Lords Commissioners a petition desiring
the divisional line between the Massachusets Bay and N.
Hampshire may be settled, my Lords would have immediately
reported their opinion to His Majesty, as they conceived the
bounds to be sufficiently described by the Charter, but that
they observed by the votes of 28th June last, that Commis-
sioners were appointed to determine the said line. Requests
an account of the resolution of said Commissioners as soon
as possibly may be etc. [C.O. 5, 915. p. 477.]
Nov. 9. 325. Same to Lt. Governor Wentworth.
Whitehall, as preceding. [C.O. 5, 915. p. 477.]
To same effect
Nov. 9. 326. Mr. Popple to President Ayscough. Encloses copies
Whitehall, of Queries sent to the Duke of Portland, 31st March, 1724, and
desires answers as soon as possible. [C.O. 138, 17. p. 110.]
Nov. 9. 327. H.M. Warrant granting leave of absence for six
Kensington. mo nths to Governor Hart. Countersigned, Holies Newcastle.
Copy. [C.O. 324, 35. pp. 286, 287.]
Nov. 9. 328. H.M. Warrant dismissing Edmund Sutton from the
Kensington. Council of Barbados. Countersigned, Holies Newcastle. Copy.
[C.O. 324, 35. p. 287.]
Nov. 10. 329. Duke of Newcastle to Governor Worsley. Acknow-
Whitehaii. ledggg i e tter and examination etc. of 27th April, relating to Mr.
Sutton. Continues : The consideration of that affair having
been recommended to you by order of the late Lords Justices
in Council, I have ordered the answer returned by you to be
lodged in the Council Office, as proper for H.M. determination
in Council, when the case of Mr. Hales and Mr. Hodges comes
to be considered there. However as in your letter to me you
refer to several particulars contained in the said examination
and verified in the course of it, whereby it appears, that Mr.
Sutton has been guilty of divers indirect practices, in order
to injure you in your reputation and that he is in other respects
by no means proper to be continued in the Council ; I have
154
COLONIAL PAPERS.
1726.
Nov. 10.
New Provi-
dence.
Nov. 10.
New Provi-
dence.
Nov. 10.
Barbados.
therefore represented him in that light to H.M., who is so
thoroughly perswaded of your personal honour and integrity,
as well as of your zeal for his service and the good of his subjects
under your Government, that he has been pleased to order the
sd. Mr. Sutton to be forthwith removed from the Council and
accordingly I herewith transmit H.M. warrant etc. (v. preceding).
As to the other part of your complaint which relates to the
Commission of the Peace, it is left to you to act therein as you
shall judge proper according to the power given you by your
Commission. Acknowledges letter and enclosures of 22nd Aug.
Signed, Holies Newcastle. [C.O. 324, 35. pp. 288, 289.]
330. Governor Phenney to the Council of Trade and
Plantations. Encloses Custom House papers. Continues :
There has been no vessel arriv'd from England tho' long
expected, which makes me at a great loss in regard to those
particulars I wrote etc. (v. Jan. 28), more especially for want
of carriages for the great guns and other stores of war, of which
I am in the greatest necessity being impossible to supply
myself here. Last night Mr. William Lyford mariner and one
of our inhabitants arriv'd here having privately got away from
the Havana in a small piragua who gives me an account that
the Admirals Castiagnetto and Serrano are in that harbour with
ten ships of war from 70 to 50 guns and about 14 merchant
vessels from 36 to 24 guns ; and that a Barbadoes sloop com-
manded by one Craggs sending in her boat to the Havana they
sent out and brought in the sloop and detaind her in that
port when he came away ; and that the Bellamont and Success
English vessels are also detain' d there where they have made
a new chain for the entrance of the harbour and are mounting
cannon on new batterys on both sides to secure the port etc.
Signed, G. Phenney. Endorsed, Reed. 16th, Read 18th Jan.,
172 . 1 p. [C.O. 23, 2. ff. 35, 3Qv.]
331. Same to the Duke of Newcastle. Duplicate of
preceding, mutatis mutandis. Signed, G. Phenney. Endorsed,
R. 13th Jan. 1 p. Enclosed,
331. i. List of vessels entered and cleared, N. Providence,
25th March 29th Sept., 1726. Signed, Jno. Warner,
Nav. Offr. 8 pp. [C.O. 23, 13. ff. 432, 433u., 434u.,
435, 436z;., 437, 438?;., 439, 440t;., 441 ; and (duplicate
of covering letter) 508.]
332. Governor Worsley to the Duke of Newcastle. I have
received the honour of your Grace's letter of the 7th of July
last, and I most humbly ask your Grace's pardon for sending
to your Grace the examination in relation to Messrs Hales and
Hodges etc. (v. 27th April). Continues : Your Grace's kind
intention to attend the Council, in relation to the information
AMERICA AND WEST INDIES. 155
1726.
I had the honour of sending your Grace concerning Mr. Sutton,
when his examination should come to be heard there, and your
Grace's great goodness in being so well satisfied with my
endeavours to give your Grace the best information from hence,
that you had been pleased to represent it to H.M., are such
instances of your Grace's favour, as will always demand my
most gratefull acknowledgements. Assoon as I received the
Judge of the Admiralty's report in relation to Julien de Lyon
and Jean Bouje, I ordered them to be released, and they are
gone to Martinico, the effects they told me belonged to the
Corisco Company, therefore I keep them till they shall demand
them, having already, above six months since, taken care they
should be advised of it ; what made me confine these persons
was for running away with the sloop, which de Lyon pretended
to be Captain of, tho' he could shew me no Commission, or
other clearances, which I considered to be an act of piracy.
In relation to the French's pretensions to Sta. Lucia, St. Vincent,
Dominico and Tobago, I shall take particular care to do nothing
upon that head, that can give the least grounds of complaint.
The Agents for this Government having advised me, that,
when they were heard before the Committee of the Council, in
relation to the Bishop of London's jurisdiction here, the Bishop
did averr that he had a letter from me in which I had sent
him word, that I would not interfere in it ; I think it my duty
for my own justification to send your Grace here inclosed, a
copy of some paragraphs of letters and answers which passed
between his Lordship, and myself in relation to his jurisdiction.
Upon the Bishop's first proposition, which your Grace will see,
allowed of an appeal here and that to be final, I believe I did
write to his Lordship, that I would not interfere in it, but when
the Bishop of London altered his scheme, I sent his Lordship
word, that I dreaded the consequences of it, and wrote to the
Agents to be upon their guard ; for as there is no appeal here,
the Bishop's jurisdiction as to this Government is an
independent coercive one, and I am afraid may occasion great
uneasiness and disquiet to the persons subject to it ; as well
as to the Government, besides the influence such an independent
jurisdiction will have in the annual elections of Assembly men,
and even at present I find a great deal of difficulty in the
managing them ; I am most humbly of opinion, these incon-
veniencys would be prevented were there an appeal allowed
of here to the Governour and Council, and some of the Clergy,
and that not to be final, as the Bishop of London proposed, but
from thence an appeal to H.M. in Council. If I have presumed
to give my sentiments of it, I most humbly ask pardon, the
great difficulty I find in maintaining peace and quiet here,
makes me very apprehensive of any alteration in this Govern-
ment, which I fear too many would be glad of, to return to
their late divisions, and confusion. In my last (v. 22nd Aug.)
156 COLONIAL PAPERS.
1726.
I had the honour of advising your Grace of the alterations
this years Assembly had made in relation to the Attorney
General and Agents ; I find they thought the Agents were
negligent in solliciting the continuance of the duty that was
laid upon the English liquors, of which no notice was taken
after H.M. order in Council arrived here, till last summer, when
Mr. Waters the Knight of the Shire for Surrey, arrived here,
who, as I am told, did insinuate as if the Agents had been
negligent upon that head ; in that Jamaica has the liberty of
laying a duty on English liquors, tho' that Island does not pay
the 4j pr. cent. Mr. Waters upon his going off for England,
encouraged some gentlemen to try to recover the 4j pr. cent
for the uses in this Island it was at first granted, in 1663, that
is, for the maintaining the honour and dignity of H.M. authority
here, the publick meeting of the Sessions, the often attendance
of the Council, the reparation of the forts, the building a Session
house, and a prison, and other publick charges ; The last year
I prevailed with the Assembly to lay a tax of 7fd. pr. head
for every negro in this Island for two years, for the building
of a magazine, for the powder, and an armoury in St. Ann's
Castle (the magazine before being in town) as also for another
building in the town, in which there will be a Council Chamber,
and another for the Assembly, a very large room for the holding
the Grand Sessions, where the Courts of Law and Equity
will sit, and a very strong and convenient prison ; so that
almost all the uses for which the duty of 4j pr. cent was laid,
will be provided for, except the repairing the forts, which are
almost ruined, as well as the great guns and carriages ; But
if H.M. would be most graciously pleased to grant to this
Island the same favour of laying a duty upon English liquors,
as it is said, H.M. has to Jamaica, provided the money that
should arise from that duty, was applicable only to the fortifi-
cations, and for ye providing great and small arms, and other
warlike stores, and that money to be issued in the same manner
as the other publick money is ; I am most humbly of opinion,
this would be a sort of an equivalent for the 4| pr. cent, and
the most necessary uses for which that duty was granted,
will be provided for, and I am sure it will tend very much to
the safety of this Island. Encloses accounts of negroes
imported, 1708-1726. Signed, Henry Worsley. 9 pp. En-
closed,
332. i. Account of Stores of War, Barbados, 1726. Signed,
Wm. Leslie. Copy. 1 p.
332. ii. Extracts from letters between the Bishop of London
and Governor Worsley relating to the Commissary's
Jurisdiction.
(a) Bishop of London to Governor Worsley, 28th
July, 1724. I cannot see where the danger could be
if the Commissary had a power to exercise jurisdiction
AMERICA AND WEST INDIES. 157
1726.
(especially over the Clergy and in things which more
immediately concern the decent performance of
publick worship) in case an appeal were provided,
to a Court of Delegates there, consisting of the
Governour, some of the Council, and two or three
of the Clergy, of that Island, and that to be final.
This (which is the form of the Court of Delegates in
England) would remedy the endless inconveniencies
of sending appeals hither, and at the same time would
save the King's supremacy in ecclesiastical causes,
inasmuch as the Delegates would act by immediate
commission from him.
To which the Governour believes he might have
answered (the copy of his letter being mislaid) that
he could not interfere in it.
(b) Same to Same, 21st June, 1725. Refers to his
Memorial to H.M. concerning his jurisdiction in the
Plantations, now under consideration. Continues :
Though I am very far from grasping at power, yet
if they should not think fit to give me, at least, so
much as may have a face of regular jurisdiction, and
Justine the name of Ordinary over the Plantations,
I shall have nothing to do but to quit both name and
care and confine myself to my English jurisdiction,
and I may fairly think my authority abroad at an
end, if they do not give me full power at least to
correct in a judicial way the lives and manners of the
clergy, and to enforce a due provision of all such
things as the laws require, for the decent performance
of God's publick worship, with power to hold regular
visitations in order to enquire into the crimes and
defects abovementioned.
(c) Governor Worsley to the Bishop of London.
14th Nov., 1725. Reply to preceding. Concludes :
Although nobody can wish your Lordship greater
powers etc., than myself yet, in this particular, I dread
the consequence of it. Copies. If pp. \C.O. 28, 44.
Nos. 104, 104 i, 69.]
Nov. 10. 333. Governor Worsley to the Duke of Newcastle. Has
Barbados, received and will comply with His Grace's commands of 26th
March last, " to use all proper and legal means that no injustice
be done to Sr. Mathew Decker, in his prosecuting here Mr.
William Gordon, Minister of Bridgetown, for a considerable
summ of money" etc. Signed, Henry Worsley. 2 pp.
Enclosed,
333. i. Duplicate of No. 332, ii. [C.O. 28, 44. Nos.
105, 105 i.]
158
COLONIAL PAPERS.
1726.
Nov. 10.
Barbados.
Nov. 10.
Whitehall.
334. Governor Worsley to the Council of Trade and
Plantations. Acknowledges letter of 6th of July. Continues :
The Order in relation to the Negro Act I immediately laid
before the Council, and ordered a copy to be sent to the
Assembly, that they might know how another may be regularly
passed, and they are preparing a new one. Repeats paragraph
relating to prisoners released from No. 332. Continues :
I do not find that any of my letters to your Lordships
have miscarried, and that the Captains of the ships by whom
I send them may take the more care of them, I always take a
receipt etc. Refers to enclosures. Signed, Henry Worsley.
Endorsed, Reed. 23rd May, Read 20th June, 1727. 3pp.
Enclosed,
334. i. Account of Negroes imported, Barbados, 4th March,
170816 Sept., 1726, by ships named : Total, 49,594.
Signed, Jno. Chase, Cl. Com. Pub. accots. 8th Nov.,
1726. Endorsed as preceding. 8f pp.
334. ii. Naval Officer's account of negroes imported 25th
March 17081726. Total, 49,777. Signed, Sam.
Wadeson, D. Nav. Offr. 5th Oct., 1726. Same
endorsement. 9 pp. [C.O. 28, 18. ff. 318, 319a.,
321-329, 330u.]
335. Council of Trade and Plantations to the King. In
reply to 9th Aug., await the settlement of the boundaries of the
Massachusets Bay and N. Hampshire by their Commissioners,
which is to be laid before H.M. for his approbation etc. cf.
No. 324. Continue : But in the meantime being inform'd,
that the inhabitants of these Provinces, are daily committing
great waste in your Majesty's woods, and that by vertue of
strained constructions, put upon the laws made here for the
preservation of timber, fit for the service of the Royal Navy,
they do assume to themselves a right of cutting down the
same, within their townships, and do frequently lay out new
townships for that end only ; we would humbly propose to
your Majesty till this right of boundary shall be finally
determin'd by your Majesty, orders may be sent to the
Governors of these Provinces to desist from laying out of any
new townships and generally from making grants of any part
of the land contested. And that the said Governors may be
injoined to be aiding and assisting upon all occasions to your
Majtys. Surveyor and his Deputies, in the execution of their
Office for the preservation of the woods. The great destruction
that has allready been committed in your Majtys. woods in
these Provinces, especially in the parts most adjacent to water
carriage, has render'd trees fit for masting the Royal Navy very
scarce, and the constant disputes that have been between your
Majesty's Surveyor, maintaining your Royal right of reservation
on the one hand and the inhabitants theirs of townships and
AMERICA AND WEST INDIES. 159
1726.
private property on the other, are strong proofs how difficult
it is to preserve your Majesty's property in the said woods.
For these reasons as well to avoid all occasion of dispute, as
to secure a reserve of timber proper for the service of the Royal
Navy, for future times, when we receiv'd your Majesty's orders
to prepare Instructions for Colo. Phillipps, your Majesty's
Governor of Nova Scotia, we propos'd that the said Governor
should b restrain'd from granting any lands there, till 200,000
acres of wood should have been set apart for the service of
your Royal Navy near the sea coast or navigable rivers wherein
no person whatsoever should be permitted to fell any trees,
without your Majesty's permission under the highest penalties.
But as this has not yet been done, we think it our duty upon
this occasion humbly to represent to your Majesty how necessary
it is that the Surveyor Genl. of the Woods or in his absence
your Majesty's Governor of that Province, should be directed
without further loss of time to set apart the said 200,000 acres
of land, your Majesty's service being greatly concern'd therein,
as well for the preservation of the timber as for the peopling
of that Province, which cannot be settled till the Governor
shall be at liberty, to grant lands there under the restrictions
and reservations in his Instructions for that purpose. Nova
Scotia is a very valuable Province in many respects, it is
capable of producing Naval Stores of many kinds in great
quantitys ; and the best Fishery in America is now on that
coast, but your Majesty has at present no subjects settled
there, besides a part of Col. Phillipp's Regiment, and some few
inhabitants whom the advantage of the Canco Fishery has
drawn thither ; But the French have still near 3000 people
settled in the heart of this Province, who according to the
Treaty of Utrecht, ought long since either to have quitted
the country, or to have taken the oaths of allegiance to
your Majesty, both which they have hitherto refus'd to do ;
and will in all probability continue to do so till your Majesty's
subjects there shall be strong enough to compel them to it.
[C.O. 5, 915. pp. 478-482.]
Nov. 10. 336. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before the King.
Annexed,
336. i. Same to the King. Representation on Bahama
Islands, recommending the grant of a supply of
stores of war and that the Governor be empowered
to call an Assembly etc. Set out, A. P. C. III. pp.
194-196 q.v.
336. ii. Account of Stores of War brought to the Bahama
Islands by Governor Rogers and Governor Phenney,
with what remained thereof Jan. 1st, 1726. [C.O.
24, 1. pp. 84-90.]
160
COLONIAL PAPERS.
1726.
Nov. 12. 337. Sir Abraham Elton to the Council of Trade and
Bristol. Plantations. Recommends following case and requests the
Board to order repayment of the duty etc. Sir Philip Yorke
is also of opinion that the ship was not liable to said duty etc.
Signed, A. Elton. Endorsed, Reed. 14th, Read 15th Nov.,
1726. If pp. Enclosed,
337. i. Opinion of Sir Philip Yorke on the case of the John
and Betty of Bristol, John Gale,* master, which was
moored in Rappahannock river, 10th June, with rum
from Barbados, but was not reported at the Custom
house till 14th or 15th : Importation is accounted
from the time of the ship's coming within the limits
of a port with intent to lay the goods on land etc.,
therefore if the place in Rappahanock river at which
she was moored on 10th June was within the limits
of the port, then the rum is not liable to the duty
imposed by the Act for laying a duty on liquors imported,
for the duty not commencing till from and after 10th
June, there was no such duty in being at the time
of this importation. 2nd Nov., 1726. Signed, P.
Yorke. Endorsed, Reed. 14th, Read 15th Nov.,
1726. 1 p. [C.O. 5, 1320. ff. 88-89, 90u.]
Nov. 14.
Spanish
Town,
Jamaica.
338. President Ayscough to the Council of Trade and
Plantations. Encloses duplicate of 1st Nov. etc. Continues :
I have at the desire of the Council sent the Assembly a message
reminding them of what I laid before them at the opening of the
Sessions, and desiring them to proceed without delay upon the
draught of the bill for perpetuating their laws etc. What the
success of this affair will be is as yet hard for me to determine,
but their dilatory proceedings seems a bad omen ; The chief
pretence they have, or reason given, for not taking H.M.
recommendations into their consideration before this time is,
that the late hurricane has prevented several of their Members
attending the publick service whereby they have not as yet
had a full house ; however plausible this pretence may be I
really cannot flatter your Lordships with success even from
so gracious a recommendation as the King has made, for that
spirit still rages in a certain Member of the Assembly, who has
been often named to your Lordships by former Governours
and who has a considerable influence in that house that he
appears now in a vehement manner against the draught of
this bill, without any other reason or cause that I can learn
but that he imagines the provision made for the soldiers in
this perpetual bill will render Assemblys useless and conse-
quently his power in distressing of the Government of less
weight ; thus much I could not but, in justice to H.M., say of
him ; and it is surprising that one who has always opposed
H.M. commands and recommendations should still be con-
AMERICA AND WEST INDIES.
161
1726.
Nov. 14.
Spanish
Town,
Jamaica.
Nov. 15.
Whitehall.
Nov. 16.
Whitehall.
Nov. 17.
Whitehall.
Nov. 19.
Bristol.
tinued from home an Officer under H.M. here, which tho' of
small profit yet makes others believe his proceedings are
approved at home, there being no resentment shown against
him. Some days ago Captn. Brand Commander of H.M.S.
the Winchelsea, arrived here from Admiral Hosier, who brings
an accot. that they had left the Bastamentas and drawn nearer
to Carthagena for refreshments and change of air. The snow
commanded by Capt. Kelsall, who was hired at the publick
charge to convoy Her Grace the Dutchess of Portland as far
as the latitude of 34 No., is returned hither and brings an
account that he parted with her Grace in that latitude ; but
the day after he met with a violent storm etc. which obliged
him to put into New York. Signed, J. Ayscough. Endorsed,
Reed. 10th, Read 13th Jan., 172. Enclosed,
338. i. Naval Officer's List of ships damaged in the late
hurricane at Jamaica, (v. 1st Nov.) Signed, Mos.
Montell, Naval Officer. Endorsed as preceding. 1J
large folded pp. [C.O. 137, 16. ff. 334, 334i;., 335v.-
33Qv.]
339. President Ayscough to the Duke of Newcastle.
Repeats preceding covering letter. Signed, J. Ayscough.
Endorsed, R. 12th Jan. 2 J pp. Enclosed,
339. i. Duplicate of No. 338. i. [C.O. 137, 52. ff. 302-303i;.,
304a.-305i;.]
340. Mr. Popple to Sir A. Elton. My Lords Commissioners
have had under their consideration your letter of the 12th
instant etc. They conceive it necessary to have Sir P. Yorke's
opinion (therein enclosed) under his hand etc. Desires him to
send the original etc. [C.O. 5, 1365. p. 305.]
341. Mr. Popple to Lt. Governor Doucett. Acknowledges
letter of 16th Aug. Continues : My Lords Commrs. are glad
to find you have concluded a Peace with the Indian tribes
etc., which they hope will be lasting, and that you will take care
that the said Indians, in their intercourse with H.M. subjects
under your command, may meet with such kind treatment as
to give them no cause of complaint ; This in their Lordps.'
opinion will be the surest means of continuing a good corres-
pondence with them. [C.O. 218, 2. p. 55.]
342. Council of Trade and Plantations to the Governor
and Council of the Bahama Islands. Enclose copy of H.M.
Warrant, 29th Sept. etc. q.v. [C.O. 24, 1. p. 93.]
343. Sir A. Elton to Mr. Popple. Encloses following.
Signed, A. Elton. Endorsed, Reed. 21st, Read 22nd Nov.,
1726. Addressed, 1 p. Enclosed,
C.P. XXXV Jl
162
COLONIAL PAPERS.
1726.
Nov. 21,
Boston
in New
England.
Nov. 22.
Nov. 22.
Whitehall.
Nov. 23.
Kensington.
Nov. 24.
Annapolis
Royal.
Nov. 24.
Annapolis
Royal.
343. i. Duplicate of No. 337 i. Copied from the
original returned to Sir A. Elton. [C.O. 5, 1320.
ff. 91, 92, 92v., 940).]
344. Mr. Willard to Mr. Popple. Encloses Journal of
Assembly of the Massachusetts Bay in the Sessions held 13th
April, 25th May and 24th Aug., 1726, with Acts passed in May,
there being none passed at the other two ; Minutes of Council,
March Aug., and Treasurer's accounts for the last year.
Signed, Josiah Willard. Endorsed, Reed. 22nd Feb., Read
8th June, 1727. 1 p. Enclosed,
344. i. Accounts of the Treasurer of the Massachusetts Bay
for 1726. Signed, Jer. Allen. Endorsed, Reed. 22nd
Feb., 1726. 42| pp. [C.O. 5, 869. ff. 411, 412u.,
413, 414-435, 436u.]
345. Mr. Fane to the Council of Trade and Plantations.
Has no objection to Acts of Virginia referred to him, Sept.
14th. Signed, Fran. Fane. Endorsed, Reed. 24th Nov., Read
13th Dec., 1726. 2 pp. [C.O. 5, 1320. ff. 95, 95u., 96u.]
346. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, Act of Antigua, 1726, for dividing the parish
of St. Peter, and erecting a new parish of St. George etc. [C.O.
153, 14. p. 230.]
347. H.M. Warrant appointing Henry Cope Commissary
of the Stores at Annapolis Royal. Countersigned, Holies
Newcastle. Copy, [C.O. 324, 35. p. 295.]
348. Lt. Governor Armstrong to Temple Stanyan.
Reminds him of his offered friendship, " which my friend
Governour Doucett's death now offers. You know the Com-
mission of Lt. Govr. of this Province was without any quaintome
of pay untill either the Lieut. Governour of Annapolis or
Placentia should be removed by death or otherwise. Sir this
gentleman's death gives me the right to that pay, both by
commission, and the more so for doing the dutty of my own
post, as well as the Govr. in Chief " etc. Refers to his services
as shown in his dispatches etc. Signed, L. Armstrong. En-
dorsed, Rd. June 24, 1727. 2 pp. [C.O. 217, 38. No. 12.]
349. Same to [? the Duke of Newcastle]. I now take the
liberty to inform your Grace of all my proceedings since my
arrivall here ye 17th Sept. etc. No. i is a paper signed by the
Indians of this Province ratifying the peace made with them
at Boston 15 Dec. last etc. No. ii is a list of the fishery at
Canso for the year 1726, which in my humble oppinion is
worthy the Administerations thoughts by having a fortification
AMERICA AND WEST INDIES. 163
1726.
errected for their security, the French of Cape Brittaine looking
on us with an evill eye, and on the least difference between the
two Nations will emmediatly distroy that fishery and settle-
ments without they are protected by a good fortification and
at least 300 men to garrison there constantly, which will keep
them and the Indians in aw. No. iii is the oaths administred
with the advice of H.M. Council to the inhabitants of the
River of Annapolis Royall, who could never be prevailed upon
to take it before, the next spring I shall send to the severall
other settlements in this Province the same oaths and oblige
them all to take them, and send them home to your Grace,
for H.M. approbation, herein I hope honestly to do my dutty
and if possibly to gaine both the French and Indians of this
Province to be faithfull and honest subjects etc. I find really
both the French and Indians very well satisfied both with the
peace and the oaths of fidelity, in effecting of which it has and
will cost me a great deal of money as well as paines and labour
etc. If H.M. would order yearly some presents for the Indians
as arms, powder, and shot with some peices of red and blue
cloaths with other necessarys it would be a great meanes to
secure the furr trade in the hands of H.M. subjects here, which
now constantly goes to the French of Cape Britain, by means
of the yearly presents sent by the King of France, this in my
humble oppinion by degrees would bring these savages intirely
into the dependance of H.M. and this Government. No iv
is the miserable state of the fortification of Annapolis Royall
etc. No. v is the Minetts of Council of all transactions since
my arrivall etc., upon which I beg your Grace's approbation
and derections for our guidance of next year's service. Your
Grace is sencible my Commission as Lt. Govr. for this Province
had no establishmt. for pay, by reason of two Captains in the
Regiment being on the establishment, this will inform your
Grace of the death of the Honourable John Doucett Lt.
Governour of this Garrison, on the 19th instant, to which pay
I had your Grace's promiss before I left England, when ever
any vacancys should happen. I hope my labourious travels
and fateagues will intitle me to your Grace's protection as also
to represent this my case to H.M. for the benifitt of the Com-
mission I have the honour to bear etc. I have been obliged
to victuall this Garrison, being 200 men with all manner of
provissions, from 1st Oct., by the non-preformance of Mr.
Borland etc., who contracts with Mr. Thomas Missing of Ports-
mouth Contractor with the Treasury for supplying Govr.
Philipps Regiment etc. This unexpected difficulty has plunged
me under the greatest distress immaginable having a long
severe winter I have killed about sixty oxen and cows who
weighs very small, and have sent for 150 barrells of pork from
New England, which I faire will miscarry by reason so severe
a fall was never known in this country in the memory of the
164
COLONIAL PAPERS.
1726.
Nov. 24.
Annapolis
Royal.
Nov. 24.
Whitehall.
Nov. 24.
Whitehall.
Nov. 24.
Whitehall.
oldest man. I most humbly begg your Grace to lay this case
before the Treasury, and that Mr. Missing may be obliged to
answer all the bills I shall be obliged to draw for the provissions
etc., for which I shall send him receipts next summer signed by
all the Officers etc. Signed, L. Armstrong. Endorsed, Rd.
June 24, 1727. Enclosed,
349. i. Ratification of Articles of Peace concluded at Boston
15th Dec. 1725 etc. v. Aug. 16, No. i. 1 large p.
349. ii. Copy of oaths of allegiance to King George taken
by French inhabitants of Nova Scotia 24th Sept.,
1726. 133 Signatures. 1 large p.
349. iii. List of vessels that have taken, cured and exported
fish from Canso in 1726. Totals : 130 vessels :
30, 828 \ quintals of fish. Ij large folded pp.
349. iv. Report on the fortifications of Annapolis Royal,
24th Nov., 1726. v. covering letter. Signed, L.
Armstrong, and 15 other officers. 3 pp.
349. v. Minutes of Council of Nova Scotia, 23rd Sept. 10th
Nov., 1726. IS pp. [C.O. 217, 38. Nos. 13, 13 i-v.]
350. Lt. Governor Armstrong to the Council of Trade and
Plantations. Duplicate of preceding covering letter, mutatis
mutandis. Signed, L. Armstrong. Endorsed, Reed. 24th June,
Read 28th Sept. 1727. 2j pp. Enclosed,
350. i-iv. Duplicates of preceding enclosures, i-iv. En-
dorsed, Reed. 24th June, 1727. [C.O. 217, 5. ff.
1-70. ; and (abstract of covering letter only) 217, 30.
p. 22.]
351. Mr. Popple to President Carter. Encloses papers
relating to the case of the John and Betty (v. 12th and 15th
Nov.). Continues: My Lords Commissioners desire you will
examine into the several facts, and if you find them true,
that you cause restitution to be made to the owners etc. In
your last letter, you acquaint their Lordships, that there being
little business done in the Assembly, you do not think it proper
to trouble the Board with the Minutes, but I am directed to
acquaint you that no reason ought to prevent your communi-
cating to their Lordsps. an account of all proceedings. [C.O.
5, 1365. pp. 305, 306.]
352. Same to Mr. Elton. Returns original of Sir P. Yorke's
opinion (Nov. 15), and acquaints him with preceding. [C.O.
5, 1365. pp. 306, 307.]
353. Council of Trade and Plantations to the King.
Recommend Captn. John Butterfield and Capt. Francis Jones
for the Council of Bermuda in place of Capt. Samuel Rayner
and Major Henry Tucker deed. [C.O. 38, 8. p. 43.]
AMERICA AND WEST INDIES. 165
1726.
Nov. 29. 354. Order of King in Council. Referring following to
Committee of Council for their report. Prefixed,
354. i. Petition of Francis Yonge, Agent of South Carolina,
to the King. Prays that petition of Council and
Assembly in answer to the petition of Lords Proprietors
for leave to appoint a Governor, and counter-petitions
etc. may be referred to Committee of Council, and
await reply from Carolina to the Lords Proprietors'
second petition (14th July), as the continuance of
the Government under H.M. is of the greatest con-
sequence to the well being thereof, and that petitioner
may then be heard thereupon by his Council etc.
The whole, 2 pp. Enclosed,
354. ii. List of following enclosures. 1 p.
354. iii. Petition of the Lords Proprietors of Carolina, to
the King. Ask for H.M. approbation of Col. Samuel
Horsey appointed by them Governor of S. Carolina
to succeed Governor Nicholson, appointed provisional
Governor by H.M. during some commotions in that
Province long since quieted etc. Copy. 1 p.
354. iv. Petition of Same to Same. Ask that certain articles
should be inserted in the Instructions of H.M. pro-
visional Governor. June 14, 1726. Copy. 2 pp.
354. v. (a) Order of Committee of Council that a copy of
above petition (No. iv) be delivered to the Agent of
the Province. July 18, 1726. Copy, (b) Memorial of
Richard Shelton, Secretary to the Lords Proprietors
of Carolina, to the Committee of Privy Council, for
a short day for considering above petition. July 25,
1726. Copy. The whole 1 J pp.
354. vi. Petition of the Council and Assembly of South
Carolina to the Bang. Refer to their petition of April,
1725, and representation of 1720, expressing concern
at the Lords Proprietors' petition, No. ii, and begging
H.M. to continue them under his immediate protection
and Government, for which the same reasons still
subsist as in 1720. 21st May, 1726. Signed, Ar.
Middleton, Thos. Broughton, Speaker. Copy. 2 pp.
354. vii. Address of Council and Assembly of S. Carolina
to the King. Answer to Mr. Shelton's Memorial,
(No. v (b) ) with reasons humbly offered to the Com-
mittee of H.M. Council for continuing S. Carolina
under the Government of H.M. 21st May, 1726.
Signed as preceding. Copy. 6j pp.
354. viii. Act of S. Carolina appointing Francis Yonge Agent
of S. Carolina. 21st May, 1726. A true copy, Signed t
Hen. Hargrave, Depty. Secretary. 3 pp.
354. ix. (a) Mr. Middleton, President of the Council, S.
Carolina, to Governor Nicholson. Charles Town, 7th
166 COLONIAL PAPERS.
1726.
May, 1726. Upon receipt of Mr. Shelton's Memorial,
has concluded to call the Assembly to give it a full
answer. It is the cause of the whole Province etc.
Signed, Ar. Middleton. Copy. J p.
(b) Same to Same. 24th May, 1726. Encloses
petition and answer of both Houses to Mr. Shelton's
Memorial etc. Continues : I have prorogued the
Assembly again to Sept. 6th, but upon any emergency
I can call them in a week etc. You will also receive
the Indians journal etc. Col. Chicken and Capt.
Fitch go away to the Indians this week in order to
settle all matters with them etc. Signed, Ar. Middleton.
Copy. | p.
(c) Same to Same. 10th June, 1726. I have this
week wrote to your Excellency that I had now with
me 16 of the Upper and Lower Creeks but not above
five of them Headmen, (v. No. xi.) These Cheifs are
some of those that have always stood by the English
interest and do now again assure the same. I send
enclosed the whole discourse I had with them, but as
Capt. Fitch is now on his way to their Nation I have
referred him to what will be said to their whole Nation
by him when all their Cheifs meet in a body etc. I have
given these Indians very handsome presents, and
they are perfectly well pleased and shall sett out
to-morrow morning. P.S. Our traders from these
parts where the French are assure me that the French
have a design, that upon the first rupture with the
Crown of Spain they will attack St. Augustine by sea
and land for that they want a port on this sea. If
so we must be in a poor condition here. Signed, Ar.
Middleton. Copy. 1 p.
354. x. (a) Ralph Izard to Governor Nicholson. Charles
Town. 21st May, 1726. Conveys thanks of Council
of S. Carolina for continuing his good offices to them
and the Province. Continues : Mr. Yonge will
acquaint you of the step we have taken etc. We
should be unjust to your Excellency's character etc.,
did we in the least doubt of your continuing to honour
this Province with your best endeavours, to set aside
the malicious scandalous and false reflections of Mr.
Shelton, and to continue us under H.M. protection
and Government. Signed, Ra. Izard. Copy, f p.
(b) Mr. Broughton, Speaker of the Assembly, to
Governor Nicholson. Charles Town. 21st May, 1726.
Begs his assistance to Mr. Yonge in his application
to H.M. for continuing the Province under his
immediate Government etc. Signed, Thos. Broughton,
Speaker. Copy, f p.
AMERICA AND WEST INDIES. 167
1726.
354. xi. (a) Mr. Middleton to Governor Nicholson. Ack-
nowledges letter. Refers to reports that the Pro-
prietors will have the Government. Continues : -
They have sent over a Chief Justice and Attorney
General etc. I will if I can get proofs of what you desire.
I am sure your Excellency will clear yourself before the
Lords of the Committee, and as to the Proprietors they
have been tools to their officers these many years
past and should we be so unhappy under them again
I assure you the country's lost. It can never enter
into my thoughts that H.M. will give up ye Govern-
ment, and I will do what I can to put the people
right in their notions and of their true interests. I
am of opinion that all the hardships you mention will
fall on the country in case the Governmt. should be
altered and the children of the present generation
will curse their fathers for it. When the Assembly
came to a resolution to encourage the Swiss, it was
for the better peopleing the country and always be-
leiving and desiring the Government to be in H.M.
and the soyle also if possible. I expect some Head-
men of the Upper Creeks every day, and then the
Assembly will meet and I shall lay yours before them,
but I beleive many of them are so poisoned by the
evil ones amongst them that little to their true
interest will be done. We are like to have some
disturbance with our Creek Indians and Coll. Chicken
and Capt. Fitch are again going up to the Creeks and
Cherokees, once more to setle things with them.
Since the burning of the Fort you must believe the
expence is great to put things in order. I will send
all their accounts in due form. I shall take care that
the Indians journals shall be sent ; and I assure you
I take all the care I can of the Southerne frontiers ;
I shall do all I can to serve Mr. Yong and get what
money I can remitted to him. I shall make your
Excellencys complements to all the Gentlemen you
mention ; I had almost forgot to tell you that the
Senecan Indians of New York are so bold as to come
into our Settlements and kill our neighbouring Indians
this must for the future be prevented by treating
with them at Albany. Signed, Ar. Middleton. Copy.
I$pp.
(b) Same to Same. June 7th, 1726. Refers to
previous letters etc. Continues : I don't find but
the people (excepting half a douzen) are very staunch
against the Proprietors and should H.M. give them
the Governmt. (as I hope he will not) they will find
but an uneasy time of it. I very much long to have
168 COLONIAL PAPERS.
1726.
the affair of the Fort setled for I have a continual
trouble with them. I hope your Excellency will see
the bills paid that I have drawn for necessarys for the
Fort both before and since the burning and as for any
of the officers I will draw no more for them. I wonder
I hear no more of the settling the boundary s with the
Spaniards at Augustine. I wrote you in my former
I was afraid we should have some disturbance with
the Creek Indians ; and indeed it was proposed by
the lower people to kill all the traders but the Middle
and Upper People would not come into it. I have
now sixteen of the Lower and Upper People now with
me but three of them Chief men. They arriving but
yesterday I have not talked with them to know their
proposals, etc. We shall find it a hard task to keep
these Indians in order and should we have a rupture
with them it will be very expensive and endanger
our out Settlements. I have a watchfull eye to the
Southward as you desired me. I think we have done
all that can be to keep us under H.M. protection and
Government etc. P.S. The 17th of this month will
be a years sallary due to me and I desire your
Excellency will see it paid. I doubt not the Reverend
Mr. Guie has given you a full account of the behaviour
of our Clergy at their last meeting when they were
desired to petition H.M. to continue his Government
to us. Signed, Ar. Middleton. Copy. Ij pp.
354. xii. Representation of Richard Shelton to the Lords
of the Committee of Council. States case of the Lords
Proprietors of S. Carolina to be restored to the right
of Government. They are in treaty for transporting
thither several hundred foreigners, who will be a
greater protection than the soldiers planted by
Governor Nicholson 300 miles from any settlement.
Many of the most substantial inhabitants are so
intimidated by the behaviour of Mr. Nicholson that
they will quit the Province if he returns etc. etc. Mem.
This case is printed and given to the Lords Committee
when they went in the Council Chamber. Signed,
Ri. Shelton. 3J pp. [C.O. 5, 383. Nos. 28, 28i-xi;
and (shorter version of No. xi) xii.]
Nov. 29. 355. Order of King in Council. Referring to the Council
Kensington, of Trade and Plantations the representation of Lord Baltimore,
requesting H.M. approbation of his brother, Benedict Leonard
Calvert, whom he has appointed to be Lt. Governor of Maryland
in the room of Charles Calvert. Signed, Temple Stanyan.
Endorsed, Reed. 6th, Read 7th Dec., 1726. 1 p. Enclosed,
AMERICA AND WEST INDIES. 169
1726.
355. i. Charles, Lord Baltimore to the King. Representation
referred to in preceding. Signed, Baltemore. Copy
1 p. [C.O. 5, 1266. ff. 219, 220, 222u.]
[Nov. 30.] 356. Governor Nicholson to the Honble. Temple Stanion
Esq. F.R.S. Encloses following copies of letters to President
Middleton etc. Enclosed,
356. i. Governor Nicholson to Mr. President Middleton.
July 23rd, Lincoln's Inn. Encloses papers. By the
Lords Proprietors' petition to H.M. you'l see what their
Lordps. aims at. Therefore I think you would do very
well to have the Assembly meet as soon as possible and
answer it etc. As I have I shall continue to do for them
all that lyes in my power etc. I most earnestly recom-
mend you to transmitt money to care on your affairs
here. I have undertaken to satisfy Mr. John Sharpe,
who is one of the best solicitors both by his capacity
interest etc. Refers to departure of some recruits
for the Company and of a Chaplain for St. George's
Parish. Signed, Francis Nicholson. Copy. 1J pp.
356. ii. Same to Same. Lincoln's Inn, at Mr. John Sharpe's
Chambers. July 26. Since the writing of the above
something further has been done. Refers to following.
Continues : I thank God everything in your affair
is as desired. Yesterday morning I waited on the
Duke of Devonshire President of H.M. Councel as
I have done several times before and given his Grace
an account of the affairs of South Carolina as I have
also done to Lord Townshend, Sir Robert Walpole
and the Duke of Newcastle and I think you would
do very well to write a letter to each of them and
return them thanks for what they have been pleased
to do on severall occasions for H.M. Province of So.
Carolina, which letters must be signed by yourself
as President and the rest of the Councel and by the
Speaker in behalf of the Commons house of Assembly,
and like letters to H.M. Attorney and Sollr. General,
as likewise to Mr. John Sharpe, for I think that after
. . , so many petitions, memorials etc. have been presented
to H.M. and his Privy Council those affairs have been
transacted with the least expence that could be. You
must take a special care justly and fully to answer all
that has been presented to H.M. and Privy Councel
more particularly what I now send you with the
utmost expedition that (if possible) I may have it
by the latter end of October etc. You must be sure
to send a most dutyfull and loyal Address to his most
sacred Majesty. It may so happen that your affairs
may come before the Parliament, therefore you must
170 COLONIAL PAPERS.
1726.
provide for that etc. Suggests that Col. Fenwick or
some other Member of Assembly should be sent to
represent their case etc. My returning to you I think
will not be till after your affairs are setled here except
a warr should happen with Spain or France of which
here is no likelyhood etc. Signed, Francis Nicholson.
Copy. | p.
356 iii. Mr. Sharpe to President Middleton. Lincoln's Inn,
23rd July. The Proprietors' new petition though in
appearance giving up the point contended for in their
first, is in reality praying for the same thing all the
power and excercise of Government, appointing all
officers and making all laws etc. Criticises it in detail.
Signed, John Sharpe. Copy. Ij pp.
356. iv. Same to Same. 26th July. Since writing preceding
letter, the Lords Proprietors' Sollicitor, and the
Sollicitor for the Merchants against the Generall gave
me the following notice to move for hearing the com-
plaint against him, but instead thereof Mr. Shelton
presented the underwritten memorial and at the
same time the Lords Proprietors without giving any
notice to the General or Mr. Yonge or myself as they
ought to have done moved very strongly for a speedy
day to take their last petition into consideration.
But General Nicholson and myself being then attend-
ing at the Councel Office on the notice against him,
they were disappointed, for my Lord President ordered
the General and me to be called in, when tho' both
Mr. Shelton and the two Mr. Berties pressed the affair
all in their power, the Lords were pleased on what
the General and I offered to their consideration to be
of opinion it was reasonable the Province should have
time to answer the same, and for that purpose
put of the consideration of the Proprietors' petition
till October etc. as preceding. Signed, Jno. Sharpe.
Copy. \p.
356. v. Mr. Watson to Mr. Sharpe. Gives notice that he is
about to petition for the hearing of complaints against
General Nicholson etc. Signed, H. Watson. Copy.
I p.
356. v. (a) Memorial of Richard Shelton to the Lords of the
Committee of Council. 25th July, 1726. Prays that
a short day may be appointed for the consideration
of the petition of the Lords Proprietors of Carolina.
Signed, Ri. Shelton. Copy. J p.
356. vi. Governor Nicholson to President Sharpe. 22nd
Aug. 1726, from Mr. Sharpe's Chambers in Lincolns
Inn. Encloses lists of stores of war sent from England,
and recommends the sending of a full account of
AMERICA AND WEST INDIES. m
1726.
" what is become both of those sent by the Crown and
also by the Lords Proprietors." Refers to negotiations
with Mr. Trott " who could not make out a good title
to the Proprietorships which if he had you will see
how near I was becoming a purchaser of them " etc.
Encloses various papers, etc. Continues : What you
have done by your peticon to H.M. and your answer
to Shelton's Memorial is very well approved of by all
that wish well to H.M. interest and service and that
of his service of South Carolina, and I hope in God
you will soon send the finishing stroke for I take
either the good or bad fate of Carolina depends on
the defence you send over etc. I have already given
copies of your petition, address and other papers to
the Earl of Westmorland etc. and my Lord Bishop of
London and shall do the same to the other Lords of
.the Ministry and Councel to both whom I think your
Country ought to give thanks for what they have
already done etc. And I think you would likewise
do very well to write to the Honoble. Charles Delafay
Esq. and Temple Stanhope [sic.] Esq., the two Chief
Secretarys to the Duke of Newcastle upon the said
accot. As for my own part I can only repeat that
as I have hetherto spared neither cost nor pains, so
I shall for the future continue the same God willing
for the promoting those two inseparables H.M. interest
and of South Carolina etc. Signed, Francis Nicholson.
Copy. 1J pp.
356. vii. Mr. Sharpe to President Middleton [? Aug. 22].
Encloses copy of state of case prepared by him to be
laid before the Attorney and Solicitor General, to
which he has now added copies of the reply to Mr.
Shelton's Memorial and the petition to the King
since received. " Taking both together, they have
the whole case before them " etc. Hopes that their
answer to the last Memorial will shame the Lords
Proprietors from their present attempts etc. Signed,
John Sharpe. 1 p.
356. vii. (a) Same to Same. Oct. 5th. Sends copy of pre-
ceding. Jth p.
356. viii. Governor Nicholson to President Middleton.
London, Aug. 22, 1726, nine a clock at night. I have
just come from Mr. Sharpe 's Chambers where I have
made up a pretty large packett for you to which I
must referr you for the publick affairs. As to what
you have writt concerning them I can say nothing to
it at present, as for the sallary I hope very speedy to
make up the accots. with the Honoble. Kinsmil Eyre
Esqr. tho' they cannot properly be done but once a
172 COLONIAL PAPERS.
1726.
year, but I hope to get Mr. Eyre to pay Mr. Harwood
some part of your years salary. Encloses copies of
papers concerning Mr. Trott. I think the Assembly
was to hasty in paying of him the thousand pounds
and what you had from him for that money you must
take care to have it secured well and not made use
of upon any accot. till H.M. Royal pleasure is known,
what you did in making use of 2000 pounds of the
printed bills for rebuilding Fort King George etc. I
hope will not be disaproved of neither if you expend
the like summe or more for the fully compleating the
said Fort. Here is very much wanted your last tax
bill with the journals of the Assembly. You must
take especial care to transmit copies of the journals,
accounts etc. with duplicates by the first opportunity
etc. Refers to case of Conselliere, and hopes Skeene
has received the money etc. Signed, Fr. Nicholson.
Copy. \lpp.
356. ix. Same to Ralph Izard. 22nd Aug. Compliments
and thanks for Council's letter, reply to Shelton's
Memorial and petition to the King etc. Recommends
the bearer, Capt. Edward Massey. " I hope the
Burton Ale I sent for you proved good " etc. Signed,
Fr. Nicholson. Copy. 1 p.
356. x. Same to Thos. Broughton. 22nd Aug. Thanks
to the Assembly as preceding. " Your petition and
answer I esteem to be extraordinary well done " etc.
Offers his services etc. Recommends Capt. Massey and
concludes : I have given him two guineas, as I have
done two others to Mr. Splatt to drink with yourself
and the Honourable Gentlemen of the Commons house
of Assembly and when it is doing to be present with
you would be acceptable to, Fr.N. I hope the Burton
Ale I sent by Capt. Clarke for you proved good for
Mr. Samuel Wragg undertook for it. Copy. J p.
356. xi. Same to President Middleton. London, 8th Oct.,
1726. Hopes that the affairs of the Company and
Garrison will be compleated in a short time after
Capt. Massey 's arrival, " because the certainty of
those affairs are much wanted here in order to have
proper measures taken concerning them " etc. As
to the report that Coll. Horsey was appointed Governor,
" I don't wonder that they endeavour to keep up
their sinking interest by repeated lyes, for nothing
will be fully determined in the affair of your Govern-
ment till please God a just and full accot. comes from
your Assembly etc. Therefore I hope you will be very
expeditious." Will send, by two ships sailing next
month, duplicates and triplicates of papers already
AMERICA AND WEST INDIES. 173
1726.
dispatched. " I am often with Mr. Sharpe our
Sollicitor consulting about our affairs, and I have not
ventured since I came here to lye out of Town only
one night at my first comeing, because something
might have intended to be done prejudicial to H.M.
Province of So. Carolina " etc. Refers to enclosures.
Sends compliments to Council and Assembly etc.
Signed, Fr. Nicholson. 1 p.
356. xii. Same to Same. London, at Mr. John Sharpens
Chambers, Lincoln's Inn. 9th Oct., 1726. Encloses
accounts. Continues : I hope the Assembly will
take effectual care to remitt money for the repaing
me satisfying Mr. Sharpe etc., which I think they may
very easily do having had so great a number of negroes
imported. Encloses Nehemiah Partridge's " receipt
of a packet for you and likewise a receipt for two
guineas and a double pistoll " etc. P.S. "I hope
Mr. Herold will give you an account of the money
received of the Honble. Kinsmill Eyre Esq. for the
accot. of your sallary to Xmas last, when he received
the money I had not received my own nor have I as
yet received it all " etc. Signed, Fr. Nicholson.
Copy. 1 p.
356. xiii. Same to Same. London, llth Oct., 1726. Encloses
" the state of the case between the inhabitants of S.
Carolina and the Lords Proprietors," which may be
of great use to the Assembly in answering Shelton.
The sooner we have a full answer the better etc.
Signed, Fr. Nicholson. Copy. J p.
356. xiv. Same to Same. London, 17th Oct., 1726. Encloses
receipts for packets dispatched. Sends compliments
to Members of Council and Assembly. Signed, Fr.
Nicholson. Copy, f p.
356. xv. Same to Richard Arnold. London, 5th Oct. 1726.
Encloses copies of letters etc. concerning Capt. Massey's
Company of Invaleeds, to be laid before Mr. Secretary
Pelham, etc. Signed, Fr. Nicholson. Copy. J p.
356. xvi. Same to Capt. Massey. London, 8th Oct. 1726.
Hopes that he will soon report upon the Company
and Fort etc. Continues : Yesterday I saw Mr.
Pelham at the Duke of Newcastle's Office, who told
me he was well satisfied with what I had given to Mr.
Arnold (v. preceding), and earnestly recommends a
speedy answer concerning those affairs. The affairs of
the Province stand much as when you left us etc. P.S.
I gave copies of those letters to Mr. Temple Stanion,
his Grace's Secretary for H.M. Plantations, to lay before
the Duke of Newcastle etc. Signed, Fr. Nicholson.
Copy. | p.
174 COLONIAL PAPERS.
1726.
356. xvii. Invoice of arms and stores of War delivered from
the Board of Ordnance for S. Carolina, 10th Oct.,
1715. Copy, f p.
356. xviii. Invoice of arms and stores of war sent by the
Lords Proprietors, 5th Oct., 1715. Copy. 1 p.
356. xix. Nicholas Trott to Governor Nicholson. Aug. 17,
1721. Asks that his collection of the laws now finished
may be inspected by a Committee of the two Houses.
Signed, Nicholas Trott. Copy. J p.
356. xx-xxiii. Mr. Trott's proposals for making a new edition
of the Acts of Assembly, with the votes of Assembly
thereon, 1717, and list of subscribers etc. Copy. 3 J pp.
356. xxiv. Message from the Assembly inviting the Council
to concur in an Address to the Lords Proprietors to
redress the grievances against the Chief Justice,
Nicholas Trott, embodied in a remonstrance signed
by every Attorney practising in the Province etc.
Signed, George Logan, Speaker. Copy. J p.
356. xxv. Governor Nicholson to Mr. Hammerton, Naval
Officer, S. Carolina. London, 22nd Aug., 1726.
Acknowledges quarterly lists of shipping, and requests
an attested return of pitch, rice and tar up-to-date
etc. " I have no reason but to hope that when we
shall receive the answers of the Assembly, the affair
against the Lds. Proprietors will be ended as they
desire " etc. Signed, Fr. Nicholson. Copy, f p.
356. xxvi. Same to Same. London, 22nd Aug., 1726.
Desires him to keep a good correspondence with
Capt. Massey etc. P.S. I have given Capt. Massey
one guinea to drink with Mr. Andrew Allen etc. and
I desire that you may be one of the company and that
Mr. Allen may invite none but such honest gentlemen
as yourself etc. Signed, Fr. Nicholson. Copy, f p.
356. xxvii.(fl) Returns of rice, pitch and tar, deerskins and
turpentine imported from Carolina, 1715-1724.
Christmas 1719-20 shows rice 44,914 cwt., pitch and
tar, 2509 lasts.
(b) Returns of rice, pitch and tar imported from
S. Carolina, March 1725-1726. Rice, 21010; pitch
53483, tar 4212. Signed, Wm. Hammerton.
Memo. (From) these accots. doth appear that the
trade is considerably increased since S. Carolina hath
been under H.M. immediate Governour. Copy.
1 P;
356. xxviii. Imports and Exports to and from S. Carolina
and the Plantations, May 1721 Sept. 29, 1723. Signed,
Wm. Hammerton. Copy. 2 pp.
356. xxix. Governor Nicholson to Thomas Hipworth, Chief
Justice of S, Carolina, London, 22nd Aug., 1726,
AMERICA AND WEST INDIES. 175
1726.
Acknowledges letters and refers to following etc . Signed,
Fr. Nicholson. Copy. J p.
356. xxx. Same to Edward Whitaker, Attorney General, S.
Carolina (? Aug. 22). At present all affairs are at a
stand until we have an answer from the Council and
Assembly etc. Hopes he will be sent over to present
the country's case, in which he hopes they will exert
themselves to the utmost. Continues : Then I think
they need not in the least doubt but that you will
have justice done you more in all respects. I suppose
as usual you will have lyes writt from hence concerning
your affairs either to intimidate some or amuse others
etc. Signed, Fr. Nicholson. Copy, f p.
356. xxxi. Same to Mr. Hart, Secretary of S. Carolina.
London, llth Oct., 1726. Refers to his letters to Mr.
Middleton and urges him to send copies of public
papers by all opportunities etc. Signed, Fr. Nicholson.
\p.
356. xxxii. Same to Col. Woodward, Col. of the Militia in
Port Royal. London, llth Oct., 1726. Sends him
a " Queen Ann's guinea to drink with the Capt. and
the Officers and chief inhabitants of your town and
port." Hopes that he has got the pilot boat finished
and able pilots etc. Signed, Fr. Nicholson. Copy.
|
356. xxxiii. Same to Major Blakeway, Clerk of the Commons
House of Assembly. London, llth Oct., 1726. "I
don't find you have sent any journals of your house
which are very much wanted here " etc. as No. xxxi.
Signed, Fr. Nicholson. Copy. J p.
356. xxxiv. Same to Henry Hargrave, Depty. Clerk of the
Council. London, llth Oct., 1726. Thanks for letters
and refers to preceding. Signed, Fr. Nicholson.
Copy. J p.
356. xxxv. Richard Shelton to the Duke of Kingston, Lord
Privy Seal. Enters Caveat that no grant may pass
of any office, employment or land in S. Carolina with-
out notice being given to him. Signed, R. Shelton.
Memorand. The above caveat was upon the account
of John Hammerton having H.M. warrant to be
Secretary of the Province according to the agreement
with Charles Hart. Copy. J p.
356. xxxvi. Governor Nicholson to [? President Middleton].
London, 22nd Nov., 1726. Hopes his dispatches will
arrive safely etc. Encloses letters given him by Col.
de Valogne " by which you will see the present fate
of the Neufchatalers. Capt. Omer went to Helfasulce
to take them in and is sailed from thence directly
for Carolina, if so I hope you will take effectual care
176 COLONIAL PAPERS.
1726.
that he no ways breaks the Acts of Trade and Navi-
gation. Mr. Wragg told me that Satur Godwin and
one or two more French men undertook this affair
with a view of great promt, by it I think it will be
much for H.M. and Country's interest and service if
you could get a copy of that agreement. The affairs
of South Carolina continues as when I writt you, for
there hath been no Councel since and I have given
the ministry an account of what I have writt to you,
and I am now coppying out all letters etc. sent to you,
to be left in his Grace's the Duke of Newcastle's Office,
and I intend God willing to have the same done in
order to give Mr. Sharpe, the Sollicitor, who hath
drawn up something concerning your affairs " etc.
Urges him to send a just and full account of affairs
by every opportunity. " I looke upon the fate of
your Country to depend upon it " etc. Signed, Fr.
Nicholson. Copy. lj pp.
356. xxxvii. Jean Watt to M. le Col. de Valogne, at Giles's
Coffee-house in Pell Mell. Neufchatel, 31st Oct.,
1726. Refers to Mr. Pury's project, " who going
thro' Geneva heard there of the departure of Mr.
Verne t and about 100 persons who have been here
about a month waiting the oppertunity of going to
Carolina but strange catastrophe ! Mr. Vernett has
disappeared ever since Friday last for want of 100
sterl. and Mr. Pury absconds since last night, to
avoid the fury of the people, who having spent their
money wander up and down the streets not knowing
where to find a dinner nor a bed to lye down upon
etc. So many people offered themselves on the sight
of the vessell prepared that I am perswaded if one
had money above 600 voluntiers might have been
procured, but this management of the Lords Pro-
prietors hath been the principal cause of the mis-
carrying of the undertaking by the alteration of their
Patent and refusing to fullfill the agreement for the
transportacon of 600 persons from England to
Carolina. This sad event quite overturns the design
of our good friend Mounsr. Pury " etc. Signed, Jean
Watt. Copy. Translated from French. \p.
356. xxxviii. Same to Same. Neufchatel, 4th Nov., 1726.
Through the prudent measures taken by the Mages-
trate of this City the tumult among the Carolinians
was appeased by sending them out of this Principality
and giving to each of them 25 bats of this country.
There is about 40 of them, who chuse to go to Holland
and thence into England, they not daring to return
to their own homes, where they could not avoid the
AMERICA AND WEST INDIES.
177
1726.
reproaches of their friends who had dis waded them
from that enterprise. The resolution of these people
is great and they deserve to be assisted. I desire you
will impart this letter to General Nicholson. P.S.
Recommends to his protection a widow who helped
to quell the fury of the people the first day of the
tumult and is leading the 48 into Holland etc. Likens
her to the widow in the Gospel, "And I must take
notice to you, that it was by a woman that rice was
transplanted into Carolina, where the finest is now
in the world to be found " etc. Translation. 1 p.
356. xxxix-xlix. 10 Receipts for packets from Governor
Nicholson to President Middleton etc. 26th July-22nd
Nov., 1726. 2^ pp.
356. 1, li. Petition of Francis Yonge, Agent of S. Carolina,
to the King, with Order in Council thereupon, v. 29th
Nov. If pp.
356. lii. Governor Nicholson to Mr. Sharpe. 30th Nov.,
1726. Enquires what was done in Council upon Mr.
Yonge's petition, preceding. Signed, Fr. Nicholson.
Copy, i p.
356. liii. Mr. Sharpe to Governor Nicholson. 30th Nov.
Yesterday Mr. Yonge's petition was referred to a
Committee etc. Signed, Wm. Sharpe. Copy. J p.
356. liv. Governor Nicholson to President Middleton. 30th
Nov., 1726. Informs him of above proceedings (1-lii).
Signed, Fr. Nicholson. Copy. \p.
356. Iv-lvi. Two receipts for packets from Governor
Nicholson to President Middleton, Nov. 22nd and
30th, Carolina Coffee House. Copy. J p. [C.O. 5,
387. No. 66.1
Nov. 30.
Nov. 30.
Whitehall.
357. Council and Assembly of S. Carolina to [? the Duke of
Newcastle]. Return thanks for his many and singular favours
as signified to them by Governor Nicholson, and pray for the
continuance of H.M. royal protection etc. Signed, Ar. Middleton,
P., Ra. Izard, Wm. Bull, A. Skene, B. Schenckingh, Char. Hart,
James Kinloch, and, by order of the Commons House of
Assembly, Tho. Broughton, Speaker. Endorsed, Rd. Jan.
23th. 2f pp. [C.O. 5, 387. No. 67.]
358. Duke of Newcastle to Governor Hart. Encloses
following. Concludes : The Lords Commissioners of Trade
looking upon it as a controverted point, which they cannot
take it upon them to determine, and being of opinion that the
petitioners (Smith and Cust) may be continued in possession
of the offices they claim until it shall be otherwise determined
by due course of law, it is H.M. pleasure, that you should
C.P. XXXV 12
178 COLONIAL PAPERS.
1726.
continue them accordingly, pursuant to the said report.
Signed, Holies Newcastle. Annexed,
358. i. Copy of Representation of 19th May, q.v. [C.O.
324, 35. pp. 290-294 ; and 313.]
Nov. 30. 359. Governor Hart to the Council of Trade and
st. Chris- Plantations. Acknowledges letter of 6th July on 24th instant
tophers. ^^ c Continues : As your Lordships are pleas'd to observe
that letters from Governors of H.M. Plantations do frequently
miscarry, as well as the papers refer'd to therein, I shall for
the future punctually obey your Lordships' commands, etc.
(v. 6th July). Continues : At the same time I am oblig'd to
represent to your Lordships, that as the several Islands of my
Government are very distant from one another it will be difficult
for me to obtain duplicates of the publick papers out of the
several offices to send with duplicates of my letters. There
shall be nothing wanting on my part to comply with your
pleasure in this command. Your Lordships are pleas'd to
observe that there is no regular account in your Office from
the Leeward Islands of the number of negroes that have been
annually imported there either by the Affrican Company or
the Separate Traders. I have in obedience to your Lordships'
command yesterday signified to Charles Dunbar Esq. H.M.
Surveyor General of ye Customs that he do immediately give
his orders to the several Collectors in the Leeward Islands
(and to transmit the same immediately to me) an exact account
of the negroes imported etc. for at least five years past, and that
an annual account may for the future be sent me etc. Your
Lordships are pleas'd to say, you are surpriz'd to find by my
last letter, that I give so very different character of Mr. Pym
Burt, from what I did llth July, 1722 etc. I was then newly
arrived in my Government, and took that Gentleman's
character from a person I had laid under the highest obligations,
who had a secret interest to serve therein. But I can assure
your Lordships, what I have lately represented is from my
personall knowledge, and agreeable to that command and
duty I owe to H.M. Yet as I have been unfortunate enough
in my representations I submit it to your Lordships pleasure.
Your Lordships are pleas'd to say, you have recommended
Mr. Daily, and Mr. White to be of the Council of Montserrat,
in the room of Mr. Cochran, and Mr. Irish deceased, and Collo.
Carey Broadbelt to be of the Council of Nevis etc. But as their
mandamus is not yet come out, I have not given orders to
swear them into the Council. Encloses Minutes of Assembly
of Antegoa, 27th April 4th Oct. 1726. As the powder Act
of Antegoa is lately expir'd, the Council and Assembly have
sent me, by the hands of Lt. General Mathew a bill, which I
have pass'd into an Act, enclosed. I must acknowledge to your
Lordships that this Act is not strictly within the rules of my
AMERICA AND WEST INDIES.
179
1726.
Instructions as laying a duty on the shiping of Great Britain :
But as such an Act is pass'd in all these Islands, and is really
for the defence of that Island, and the protection of trade, as
is sett forth in the preamble ; I hope I shall not be culpable
for passing it, as it is only the revival of a former Act ; and
especially when your Lordships will please to consider that I
have no interest in it, and am so far from having any thing for
my support from that island, (nor do expect any) that I have
expended full 700 a year there out of my private fortune ever
since the dissent to the Act for my better support. So that
if I have committed any error in the passing of this Act, I hope
it will be esteem'd as intended for H.M. service, and to which
the rumour of a war with Spain, was no small inducement,
H.M. having at this juncture a fleet in the West Indies lying
off of Porto Bell in the Spanish Dominions. On 27th Nov.,
I receiv'd advice by a boat from Antegoa, which came here on
private business, that H.M.S. the Kinsale, and under her
convoy the Royal George Assiento ship, arriv'd there on the
25th, and went into English Harbour in that Island in order
to refit the Royal George, who receiv'd some damage in her
intended voyage passage for England off the coast of Virginia
etc. Sends this advice as the ship is of great importance to the
Royal Assiento Company. Signed, Jo. Hart. Endorsed, Reed.
14th Feb., Read 28th April, 1727. 5 pp. [C.O. 152, 15. ff.
310-312, 313r;.]
Nov. 30. 360. Same to Mr. Popple. Refers to preceding and acknow-
. st - ledges letter with petition of Mr. McDowall, which he will answer
.tophers. j^ ^ next g^-p Continues : This is intended as a meer
matter of clamour against me : For Mr. McDowall has been
near three years in England, and yet I never heard that he
has m[ade] any complaint of this kind, and I am sorry he now
gives me such a handle to expose his practices [on] this occasion
etc. The Order in Council upon his petition is dated long
after the Commission was issued by H.M. etc. The three
Commissioners are now actually disposing of the late French
land, where he is now to be redressed etc. P.S. I just now
had a vizit from the son, and son-in-law, of Monsieur Lyndesay
the Governor of St. Eustatia etc. who inform me that their
father on 27th inst. O.S., received a letter from the Governor
of Carassow etc., that about three weeks past a Spanish sloop,
one Nichola a French man Captain (who had formerly been a
pirate) with 170 men on board, had taken nine sloops belonging
to the Dutch at Carassow trading to the coast of Caracos, and
murther'd all the men on board, except six. And that the
Dutch Governor of Carassow was fitting out a vessel with 200
men to go in pursute of him. I am further inform'd by these
gentlemen, that Nichola, when he finds any vessel he can over-
power, hoists a black flag, and acts like a pirate. But if he
180 COLONIAL PAPERS.
1726.
meets any ship of war, or others that are too strong for him,
he then produces a Commission from the Governor of Porto
Rico, as a Guarda de la Costa, to the irrepairable damage of
all vessels that trade to the West Indies. I have formerly
acquainted Capt. Delgarno, H.M.S. Southsea Castle, who is now
cruizing among the French and Spanish Islands of these
practices, of the Spanish guarda de la costa's ; who is resolv'd
to bring in all such pirates, where he shall find a black flag ;
and it is very probable they will be prov'd such, either from
the British or Dutch Colonys in these parts, whenever they
shall be taken. I had forgot to tell you there were two Jews
taken on board one of the Dutch sloops mention'd, who in
their barbarous mirth they (the Spaniards) cut into very small
peices, saying they wou'd not be at the trouble of sending them
to the Inquisition at Mexico etc. Signed, J. Hart. Endorsed
as preceding. 3pp. [C.O. 152, 15. ff. 314-315r;.]
Dec. 4. 361 . Governor Burnet to the Duke of Newcastle. Returns
New York, thanks for letter of 7th July. Continues : I am now to lay
before your Grace a complaint in which the Indians of the
six Nations join with me against the French, for having built
a fort at Niagara, on the land of one of the six Nations at the
place through which they must pass to go to their own hunting
country, which lyes between the three nearest great Lakes,
and by which place all the far Indians must pass on account
of trade with this Province. By means of this fort the French
can hinder and molest these Indians when they please, which
is directly contrary to the 15th Article of the Treaty of Utrect.
Refers to correspondence with Commander in Chief in Canada,
and conferences with Six Nations (v. following). Continues :
By these conferences it will appear to your Grace, that the
Onnondages only, who have not the property of the land at
Niagara, consented to the French building a house there. But
that the Sinnekes, to whom the land belongs, have all along
protested against it ; and all the six Nations have unanimously
begged me to interceed with H.M. to demand the demolition
of this fort, as being contrary to the Treaty's, and intended as
they beleive, to destroy the six Nations. Prays that strong
instances may be made at the Court of France for this purpose.
Refers to enclosures and deed of surrender by the three Nations
adjoining the Lakes, etc. repeating part of following. Concludes :
" The Commandant's letter, which expressly denys the five
Nations to be the subjects of Great Britain, is sufficient proof,
how little regard the French in Canada shew to the Treaty.
This is a matter of such consequence to H.M. Dominions in
North America that I humbly rely on your Grace's obtaining
redress etc. Encloses map, " wherein the places mentioned in
the deed of surrender are markt in red ink." Set out, N.Y.
Col. Docs. V. pp. 803, 804. Signed, W. Burnet. Endorsed,
AMERICA AND WEST INDIES. 181
1726.
Rd. 6th Jan., 172$. 4 pp. Enclosed,
361. i-v. Duplicates of Nos. 362, 362 i-iv.
361. vi. Map referred to in preceding.
[C.O. 5, 1092. Nos. 51, 51 i-vi.]
Dec. 4. 362. Governor Burnet to the Council of Trade and
New York. Plantations. Encloses transactions with the Indians in
September. Continues : The chief subject of them, was
the fortification the French have lately made at Niagara. As
soon as I heard of that undertaking, I wrote to Mr. Longueil,
Commander in Chief in Canada upon the death of Mr. de
Vaudreuil, etc. At the same time I summon'd the six Nations
to meet me at Albany, that I might find out how far they
had consented to it etc. v. preceding. Describes proceedings.
Urges that strong instances may be made at the Court of France
for redress. Continues : Your Lordships will observe, that
I have undertaken for this, which I thought I might lawfully
do, but that I have not offered to undertake for the success,
for nothing has had a worse effect with our Indians than
promising and not performing, they remember exactly what
is told them from time to time, and have often complained that
they have not been supported according to our promises, with
I fear, too much truth and reason. It will give them very
disadvantagious impressions of our strength and inclination
to protect them, if they find that the French may do what
they please, and that we give them no releif and can obtain
no redress for them etc. I found that the fear they were in
of the French, and the hopes they had of our protection, made
it a fit time to perswade them to do more than ever was obtained
of them before, which was to surrender and submit all the land
they live in, by an instrument signed and sealed to H.M. The
Maquas and Oneydes live nearest to us, and do not reach to
the French Lake, and therefore there was no occasion to mention
the matter to them, and if I had proposed it publickly to them
it might soon have been known by the French, and have pro-
duced some new enterprize of theirs, so that I thought it best
to do it with a few of the cheif and most trusty of the three
Nations who border upon the Lakes. When I returned from
Albany and met the new Assembly here, I represented to them
the danger of the French encroachments, and the necessity of
our preventing their going on with them, by taking post our-
selves on the Lake side at the mouth of the Onnondaga River,
to secure our trade there from any surprize, and to protect
the Indians upon occasion ; for which service they have pro-
vided 300, and with that I am early in the spring to build a
fort of stockadoes at that place, and to provide it with an
officer and 20 men. When this is done and we are fixt there,
I intend to meet the Indians again, and then to get them all
publickly to confirm the Instrument which some of them have
182 COLONIAL PAPERS.
1726.
signed, which I have no reason to doubt of their doing. Quotes
M. de LongueiPs letter showing that he denies that the Five
Nations are subjects of Great Britain, and tacitly admits that his
design is to hinder the other Indians from passing freely to trade
with the English. Continues: That is only a slight instance
how little the conduct of the French is conformable to their
engagements, but they are continually making use of all their
art to set the Indians against us, even for those very reasons
which should make the French do quite the contrary, for since
the news is come of the late alliance between the two Crowns,
they have filled the Indians minds with fears, that orders will
come from both Crowns to their Governours to cut off the five
Nations, and divide their land between us, and such reports
are they perpetually spreading, that it is absolutely necessary
that something should be done to convince them that they
shall be protected, and never abandoned to the French etc.
Acknowledges letters of 24th and 28th June just arrived etc.
Set out, N.Y. Col. Docs. V. pp. 783-785. Signed, W. Burnet.
Endorsed, Reed. 6th, Read 10th Jan., 172 f. Enclosed,
362. i. Conference held between Governor Burnet and two
Sachims each of the Six Nations, in Albany, 7th-14th
Sept., 1726, relating to the French having built a fort
at Niagara. Set out, N.Y. Col. Docs. V. pp. 786-
800. Endorsed, Reed. 6th Jan., 172 f. 38pp.
362. ii. The Indians' Deed of Surrender of their lands in
pursuance of the agreement of 19th July, 1701.
Albany, 14th Sept., 1726. Signed, with Totem marks.
Set out, N.Y. Col. Docs. V. pp. 800, 801. Endorsed
as preceding. Copy. 3 pp.
362. iii. Governor Burnet to M. de Longueil. Amboy,
5th July, 1726. Abstract. Has learned that about 100
French were beginning to erect a fort at Niagara,
with the object of shutting in the Five Nations, and
preventing other Indians from going to and fro freely
to trade with us as they have been accustomed to do.
Expresses surprise at an undertaking so opposed to
the Treaty of Utrecht. The Five Nations will always
maintain that the lands at Niagara belong to them.
" If the fortifying at Niagara is continued, I should
be obliged to represent the matter to my Court, for
the orders of the Court of France thereupon, as I
have heard it, has already expressed its disapprobation
of the part M. de Vaudreuil took in the war of the
Abenaquis against New England" etc. Recommends
the bearer, Philip Livingston, etc. Set out, N.Y. Col.
Docs. V. p. 802. Endorsed, as covering letter. Copy.
French. 2pp.
362. iv. M. de Longueil to Governor Burnet. Montreal,
16th Aug., 1726. Reply to preceding. It is not my
AMERICA AND WEST INDIES. 183
1726.
intention to shut in the Five Nations, and I do not
think I contravene the Treaty of Utrecht in executing
the orders I have received from the Court of France
as to re-establishing the post at Niagara, of which
we have been the masters from all time. The Five
Nations, who are neither your subjects nor ours,
ought to be much obliged to you for assuming an
uneasiness which they have never felt, seeing that,
so far from thinking that the establishment of Niagara
can bring them any trouble, they have unanimously
agreed to it, and again confirmed it in the last Council
held at Niagara July 14th. The Governor General,
who is coming from France this year, will be able to
inform you of the decision of the Court of France.
I have no knowledge that the Court disapproved of
M. de Vaudreuil's actions etc. Set out, N.Y. Col.
Docs. V. pp. 802, 803. Signed, Longueil. Endorsed
as preceding. Copy. French. 2pp. [C.O. 5, 1054.
ff. 39-42i\, 43u.
Dec. 4. 363. Mr. Golden to Mr. Popple. As Surveyor General of
New York, lands encloses following to be laid before the Board, explaining
the motives and proceedings of the Assembly and the possible
consequences of repealing the Act for the easier partition of
lands held in common etc. Set out, N.Y. Col. Docs. V. pp. 805,
806. Signed, Cadwallader Golden. Holograph. 3f pp.
Enclosed,
363. i. Same to the Council of Trade and Plantations.
States his objections to the above bill and the reasons
against it which he urged in Council. Set out, N.Y.
Col. Docs. V. pp. 807-809. Signed as preceding.
The whole endorsed, Reed. 10th Jan., Read 10th
March, 172. Holograph. 4j pp. [C.O. 5, 1054.
ff. 154-158*;.]
Dec. 5. 364. Lt. Governor Dummer to [?]. My Lord, I have the
Boston. honour of your Lordships Ire. of the 29th of August wch.
mentions something inclosed but I received nothing besides
the letter. Some few dayes before I received a letter from
the owners of the snow Elizabeth referring to your Lordship's
and I should have been very glad of such an oppertunity of
shewing the regard I have for your Lordship's commands by
doing service to the owners of that vessell. The ship and goods
were adjudged in the Court of Vice Admiralty while I was in
the Easterne Country to ratine the peace with the Indians, the
goods to lye a year and a day for the owners claim, and the
vessell to the King, both subjected to the charges of the tryal
and condemnation etc. of ye pirates, and tho' I was sorry to
fiiide on my returne most of the goods (as well as the ship)
184
COLONIAL PAPERS.
1726.
were sold wch. it's possible the owners might have made some-
thing more of, and if I had apprehended before I went out of
towne any such intention in the Judge I should have advised
him to the contrary yet that being his buisness it would not
have been proper for me to have interposed any further.
However the powder and armes amt. to 497 being by my
advice to the Judge lodged at Castle William for the security
of them did by that means escape being sold, and the Judge
having since decreed the produce of the goods to the owners,
I have order'd these to bee deliverd to their Agent free of all
charges. The produce of the vessel after all the charges paid
out by them is 92 6s. wch. I have wrote to the Duke of New-
castle for H.M. directions about agreeable to my instructions.
I shall bee glad to hear that the Governour getts well through
his affaires, I have not had the favour of a letter from him etc.
Signed, Wm. Dummer. 2J pp. [C.O. 5, 898. No. 39.]
Dec. 8. 365. Mr. Popple to Mr. Fane. Encloses, for his opinion in
Whitehall, point of law, 16 Acts of New York, 1726, enumerated. [C.O. 5,
1124. pp. 395-398.]
Dec. 10. 366. Representation of Assembly of Pennsylvania to the
Council of Trade and Plantations. Reply to letter of llth May,
laid before them by Lt. Governor Gordon at their first meeting etc.
The tenderness you so generously express for the persons into
whose hands the bills of credit may have passed, has laid those
people under the deepest obligations by us the Representatives
to return you our most humble thanks and acknowledgments,
for your great goodness and compassionate regard to them
herein. But that you may be more fully and clearly apprised
of the regular procedure of the Legislature in establishing
that currency, the necessity that led into it, the advant-
ages that not only this Colony but those who deal with us as
well in Britain as elsewhere daily receive by it ; and the
security that guards it against those inconveniences that
might be apprehended from it, we humbly beg leave to represent
our case as follows, vizt. That gold and silver being acquired
principally by our trade to the West Indies, which depending
on contingences that are not in the power of man to direct,
we therefore at divers times had less or more of those species
in proportion as our commodities were in demand. But by
the general damp that was given to trade in 1720 and the
great fall of our produce, about the same time we were in 1721
and 1722 so effectually drained of our coin, which for want of
other returns was generally shipt off to Britain ; that the
inhabitants of every degree were reduced to the greatest straits :
debts could not be discharged, nor payment be made, the
rents of houses fell, many whereof were deserted, and the value
of all lands and improvements sunk considerably : families
AMERICA AND WEST INDIES. 185
1726.
who had lived well could scarce find means to purchase necessary
provisions for their support, and therefore both artificers and
traders were obliged to quit the country in serch of employment
and sustenance elsewhere : But above all our ship-building,
by which the most advantageous returns for Britain had been
made was so generally declined that our yards appeared almost
empty, and all trade discouraged : such was the distressed
condition to which this country was at that time unhappily
reduced. That in 172| the Governour and Assembly moved
by the petitions, and complaints of great numbers of the
inhabitants of each county, thought themselves obliged to take
into their serious consideration the distressed circumstances
and sufferings of the people, through that extreme want of
some kind of currency for pay. Divers expedients were thought
of to remedy the grievance, and particularly the proposal to
make the produce of our country a lawfull tender in payments
was considered ; but being found too bulky, and soon subject
to decay was rejected : They were therefore after a most
anxious search fully convinced there was no other safe method
left, than the scheme, that upon the maturest deliberation they
fell into, which was to strike a quantity of bills of credit to be
emitted out of a Provincial Bank, on the security of real estates
in fee simple, to be pledged in double the value of the sum lent,
and accordingly bills were in that manner issued for 15,000
of our American money. These bills being emitted their effect
very sensibly appeared in giving new life to business, and
raising the country in some measure from its languishing state
but at the same time it was also manifest that tho the method
was effectual in its kind yet the currency fell short in quantity,
and was in no wise proportioned to the occasions of the people
nor sufficient to circulate the bulk of our trade. Therefore the
Legislature in the next ensuing year, being enabled by the
first experiment to form a more exact judgment of what the
circumstances of the country and our commerce would require,
found it necessary to strike 30,000 more on the like security
of real estates etc. Refer to Acts. Continue : These bills
may it please your honours being put into the Bank, the country
began to feel a general relief, debtors who lay under the heavy
pressure of obligations that they could not before discharge,
and such as by securing their estates on mortgages were in
hazard of loosing them, now found an easie method of relieving
themselves, and answering their just debts, by taking up the
money at a low interest, to be gradually repaid in parcells, and
in a manner they could easily comply with : such also as had
lands or other real estate, and wanted stock were on the same
terms supplyed ; the whole quantity that was struck being
thus in a very short time emitted, and diffused into the people's
hands, the face of our affairs appeared entirely changed.
Traders exerted themselves, the produce of our country came
186 COLONIAL PAPERS.
1726.
into demand and bore a price, whereby the people were better
enabled to pay the Proprietors quit rents and answer other
demands, our City filFd again with inhabitants, artificers found
employmts., our British trade encreased, and strangers from
the encouragement of finding a ready pay resorted to us. Ship-
building was vigorously carried on, and both our ship-wrights'
yards and our port were filPd with shiping insomuch that this
present year, as appears from the list of registers double the
number of vessells have been built at Philadelphia, that had
been in any year before a paper currency, and by the Naval
Officer's books we find that the tons of shipping cleared at the
same port in 1722 amounted to no more than 3531, whereas
this year there have been already cleared 6655 tuns besides
several large vessells yet in port that are to sail before the
year expires. But another vast advantage that has accrued
to the Publick from these bills and which very nearly concerns
us as an Assembly is this, that at the time of striking them the
funds for support of Government raised by imposts on shipping
had proved so deficient for several years before, that in 1722
the Provincial Treasury was found to be near 3000 in debt
and this debt every year encreasing ; yet by means of this
currency we have been enabled to sink that debt by the appro-
priation of a moderate excise on retailed liquors, reserving for
the support of Government, and defraying the charges attending
it a yearly income of 1800 arising from the easie interest of
5 p. cent, on the principal money lent out of the publick bank
etc. We have now a fair prospect of being able to supply
Britain with large quantities of pig-metal, from the furnaces
and works already erected or carrying on, which without this
currency would have been impracticable to most of the under-
takers, and these 'tis hoped will be followed with returns also
of hemp and silk, towards the raising of which some considerable
advances have been made. We may therefore with great
truth assure your honours that this currency has been so far
from proving a detriment either to this Province or the British
trade that it has been evidently beneficial to both. But the
annual sinking of our bills as the Acts direct did so sensibly
lessen the quantity that in all probability this Province would
soon have been reduced to the same straits and difficulties it
had been under some time before. Which induced the Legis-
lature in 1726 to pass an Act for re-emitting the annual pay-
ments of the principal sums for the term of six years thence
next ensuing, yet with this provision that the sums to be
re-emitted yearly, should be duely sunk, and within the same
time as is provided for sinking the original sums struck by
virtue of the said former Acts. Now altho' this Act at first
view may in some measure seem to interfere with your honours'
directions in your Secretaries letter, which was not only received
but wrote several months after the last mentioned Act was
AMERICA AND WEST INDIES.
1726.
passed ; and put in execution ; we again beg leave to assure
you that from the experience we have had of it and the great
relief it gives to borrowers it will not only contribute highly
to the ease and benefit of the country : but it is so far from
lessening the credit or value of our bills that the discount they
some time since bore with gold and silver is now reduced to
less than half of what it was when that Act was published, and
in some little longer time we hope they may come entirely to
a par, which can be said of very few other bills of credit now
in being in America. As to those of Carolina and the ill conse-
quences attending them in your Secretaries letter, it would
be a presumption in us to inform your honourable Board, whose
station gives you so perfect a knowledge of the state of all
H.M. Colonies : on how different a foundation they are
established from these of ours, as appears from the Acts them-
selves etc. Theirs were struck to raise great sums for the use
of the Government in the time of the greatest pressures from
their enemies to be sunk by a paymt. of taxes in succeeding
years depending on vast uncertainties, while ours have the
solid basis of real security subject to no casualties unless from
the greatest publick calamities, against which no estates can be
secure. Pray the Board to recommend the last Act, as the
former, for H.M. approbation. Signed, Dad. Lloyd, Speaker,
By Order of the House, this tenth day of the 10th Month, 1726.
Endorsed, Reed, (from Mr. Perry) 15th March, Read 25th April,
1727. 6J pp. [C.O. 5, 1266. ff. 247-250u.]
Dec. 12. 367. Lt. Governor Gordon to the Duke of Newcastle.
Philadelphia. The American Provinces being more imediatly under your
Grace's care and protection, I could not be so much wanting
in my duty as not to apply myself to your Grace in behalf of the
people of this Collony who are justly apprehensive of the
many ill consequences that may attend the transporting here
from Holland the great numbers of Palatines that dayly arive
in these parts etc. Has written fully " to the Earl of Ila, who
1 am hopefull will inform your Grace more particularly of our
circumstances here," etc. Signed, P. Gordon. Holograph.
2 pp. [C.O. 5, 1234. No. 9.]
Dec. 14.
Whitehall.
Dec. 14.
368. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, Act of New York, 1726, to vest in Thos. Hicks,
of Flushing in Queen's County, Gentleman, in fee simple certain
lots of land whereof he now stands seized, in fee tail, and to enable
him to sell the same etc. [C.O. 5, 1124. p. 399.]
369. Mr. Fane to the Council of Trade and Plantations.
Has no objection to 11 Acts of Jamaica submitted to him 27th
July. Signed, Fran. Fane. Endorsed, Reed. 17th Dec., 1726,
Read 26th Feb., 172|. 2j pp. [C.O. 137, 17. ff. 137-138i;.]
188
COLONIAL PAPERS.
1726.
Dec. 14.
Dec. 15.
Dec. 15.
Whitehall.
Dec. 15.
Whitehall.
Dec. 16.
Spanish
Town,
Jamaica.
370. Mr. Fane to the Council of Trade and Plantations.
Has no objection to Acts of St. Kitts submitted 8th July.
Signed, Fran. Fane. Endorsed, Reed. 17th Dec., 1726, Read
23rd April, 1729. 1J pp. [C.O. 152, 17. ff. 51, 5Iv., 52u.]
371 . Same to Same. Has no objection to Acts of Antigua,
Barbados and Bermuda referred to him 8th and 29th July.
Signed, Fran. Fane. Endorsed, Reed. 17th Dec., 1726, Read
24th Feb., 172&. 1$ pp. [C.O. 152, 15. ff. 308, 308*;., 809u.]
372. Duke of Newcastle to the Council of Trade and
Plantations. Enquires whether they have any objection to
George Lillington who is proposed for the Council of Barbados
etc. Signed, Holies Newcastle. Endorsed, Reed. 17th, Read
20th Dec., 1726. 1 p. [C.O., 28, 18. ff. 316, 8170.]
373. Council of Trade and Plantations to the King. In
reply to 29th Nov., have no objection to Benedict Leonard
Calvert as Lt. Governor of Maryland, provided he give the
usual securities etc. [C.O. 5, 1293. p. 404.]
374. President Ayscough to the Duke of Newcastle.
Acknowledges letter of 23rd Sept., with H.M. letter and Order
in Council, and the reasons for rejecting the last Revenue bill
past here, and H.M. letter " enforcing his former commands
with respect to the draught of the bill for perpetuating our
laws, which draught lies now before our Assembly." Con-
tinues : It is with the greatest concern imaginable that I am
obliged to acquaint your Grace that, notwithstanding H.M.
most gracious recommendations, the Assembly have not yet
thought fit to take this draught into their consideration, altho'
I have in the most pressing manner often recommended it to
them ; their time has been chiefly taken up in peevish quarrels
and disputes, and at last they came to a resolution to proceed
to no business until such time they had received satisfaction
for a message that I sent to them at the desire of the Council,
pressing them to take H.M. gracious recommendations, without
any further delay, into their consideration ; This they lookt
upon as an infringement on their pretended rights and privi-
ledges : I endeavoured to soften matters as much as possible ;
but all to no effect ; for in place of paying a dutiful obedience
which they ought to have done to the King's commands they
lessened their Quorum to five Members to meet and adjourn,
and would proceed to no business, so that a prorogation became
absolutely necessary, and the holy-days being so near at hand,
I have with the advice of the Council prorogued them to the
2nd of January ; at which time I shall not fail to lay before
them the fresh instances of H.M. great goodness and con-
descension, and of the Orders I have received with your Grace's
AMERICA AND WEST INDIES. 189
1726.
last letter : I heartily wish they may meet in a better temper
and that they may seriously reflect on the present condition
and circumstances the country is now reduced to for want
of laws ; but how far their passions may govern their reason
is hard to guess ; I fear the worse ; however nothing shall
prevail with me to give up the least tittle of H.M. Prerogative
or the Orders I have received by H.M. command from your
Grace. Since my last letter Admiral Hosier with his Squadron
are arrived here from Portobell in a very distressed condition
for want of men, there has been a great mortality and sickness
among them ; but of this I presume the Admiral will give your
Grace a more particular account than I am capable of doing ;
and I am persuaded he will do me justice and acquaint you
that I have with the utmost vigilance and zeal assisted him
in all his demands for H.M. service ; by which means he hopes
in a few days to be ready with five sail to return back to Portobell
etc. Signed, J. Ayscough. Endorsed, R. 22nd Feb. 2f pp.
Enclosed,
374. i. Minutes of Council of Jamaica, 14th Dec., 1726.
Admiral Hosier acquainted the Board that in five
or six days time he would have five ships ready to go
to sea provided he could be supplied with men.
" When I waited last on the President and Council,
everybody came readily in to provide men for H.M.
service ; but the measures that have been taken,
have as yet been but of little service etc. The whole
peace of Europe depends in keeping these galleons
in these parts etc. By advice from Portobello, they
will sail the middle of this month etc. When this service
is over, I will return every man to the Island " etc.
Bredah, llth Dec., 1726. Signed, F. Hosier. The
Council " with the greatest chearfulness and unani-
mity," resolved that Admiral Hosier be at liberty to
impress one half of the sailors from each ship in
Kingston and Port Royal etc., and that the militia of
eight parishes be called out and the negroes, Indians
and mulattos, belonging thereto be sent on board the
Admiral's ship, together with a half company of
soldiers from Port Royal. 4 pp. [C.O. 137, 52.
ff. 306-309i;.]
Dec. 17. 375. Duplicate of preceding covering letter. Endorsed,
Spanish R. April 10th. [C.O. 137, 52. ff. 314-315*;.]
Town,
Jamaica. ^^ Address of the President and Council of S. Carolina
6C * -"' to the King. Express abhorrence of the endeavour of the
Emperor and King of Spain "to deprive your Majesty's
subjects of the most valuable branches of their trade and
commerce and to raise an intestine warr in your Kingdoms by
190
COLONIAL PAPERS.
1726.
placing a Popish Pretender on the Throne. We will to the
utmost of our power exert ourselves against all your enemies " etc.
Signed, Arthur Middleton, P., Ra. Isard, James Kinloch,
Wm. Bull, A. Skene, B. Schenckingh, Benja. de la Conseillere.
Endorsed, In their letter of Dec. 18, 1726. 1 large p. [C.O. 5,
383. No. 24.]
Dec. 19. 377. Governor Burnet to the Council of Trade and
New York. Plantations. Acknowledges letter of 28th June, with opinion
on the property of mines in New Jersey. Continues : I have
not had any late application made to me upon this subject,
and whether the persons who formerly applyed to me about
it, are still of the same opinion, I cannot tell, but unless I could
give them some assurance what terms I might offer them in
H.M. name, I am satisfyed that they will make no discovery
etc. Suggests that the Board should apply for H.M. orders to
him upon that head etc. Continues : I am very glad to find
that your Lordships are now so well satisfied with the Act
for making current 40,000 in bills of credit passed in New
Jersey in 1723, but I am very much concerned at your Lord-
ships shewing your dislike to the Act for the support of the
Government passed in 1725 etc. I must confess that your
Lordships' censure against such alterations as may render
the funds insufficient to sink the bills is too just to admit of
any reply, and that such a proceeding could not fail to hurt
the credit of the bills. But I humbly crave leave to represent
to your Lordships that in this case the fund for sinking the
bills, is compleat without applying any of the interest to it,
by the payments of the principal moneys in twelve years, and
that the applying the interest that way, was an addition of
my own, to the first scheme, in order to make the bills be sunk
the faster for greater security to their credit. But this I then
did against the inclination of the people, as your Lordships
may perceive by the words of the first Act, by which no certain
method or time is fixt for sinking the interest, but only it is
enacted that the Treasurers shall keep the same in their hands,
and render an account thereof to the Governor, Council and
General Assembly, when thereunto required and deliver the same
to be sunk in their presence. So that to sink this interest money,
even by that Act the Assembly must agree with me to call it
in from the Treasurers, and to be present when it is sunk,
which I don't beleive they will now consent to, in which case
it must remain in the Treasurers' hands. Besides it is urged
that this clause about sinking the interest, is utterly inconsistent
with another clause in the said Act of 1723, that the said bills
shall continue current for 12 years etc. Now if they be sunk in
ten years, how can they be current for twelve years ? These
observations I hope will make your Lordships think that an
alteration in this particular of the interest, was not so much
AMERICA AND WEST INDIES. 191
1726.
inconsistent with the first Act, as needfull to make the first
Act more consistent with itself. When the Assembly met last
in order to continue the support of that Government, they
thought it was very hard to make the people pay further taxes
at a time when part of the profit by the scheme lay in the
Treasury, and that there was no danger at all to the credit
of the bills from it, and for this reason I complyed with them
in altering the application of the interest money of the first
year. And since experience is a surer rule in these matters
than theory only, I have the satisfaction to send your Lordships
authentick certificates of the present value of the New Jersey
bills, both from the merchants of New York and Amboy,
which I hope will satisfy your Lordships that this alteration
in applying the interest money has not at all hurt the credit
of the bills, but that their credit is considerably advanced
since that has been done. But as your Lordships' commands
are a rule to me, which I shall always observe, I shall not
consent to any such further application of the interest moneys,
or any other alteration, unless your Lordships upon taking
into consideration what I have now laid before you, and
particularly that the bills are in better credit than ever, shall
be pleased to withdraw your prohibition to me upon that
head. I am to meet the Assembly in New Jersey in May next,
and therefore it would be a very great favour to me, if your
Lordships will be pleased to let me know your final sentiments
upon this matter by the first vessel that shall sail from London
for this port in the Spring. When the Assembly meets next,
I know that they will be very uneasy at the thoughts of taxing
the people, to defray the incidental charges of their meeting,
when so much money lyes by as a dead stock till it at last shall
amount to a great sum, which will be no ease to anybody
till nine or ten years hence, and these incidental charges which
are provided for at every meeting besides the constant uniform
support of the Government, are the reason of the query which
your Lordships have made, how it comes that the whole provision
made by the Act of 1725 for the service of the Government for
five years, amounts to 6350 7s. of which 2410 7s. is said
to be necessary for the first years service only. The reason of
which sum for the first year being so large, is, because the
contingent charges of the Council and Assembly's meeting are
defrayed out of it, according to the 28th of my Instructions,
and as they would never grant above 500 pr. annum for the
constant salary of the Governours it has been usual to provide
a further salary for him at the meeting of the Assembly, in
consideration of the great charge of removing his family and
part of his furniture from New York either to Burlington or
Amboy, in order to enable him to support the dignity of the
said office according to the said Instruction. I must upon this
occasion observe to your Lordships, that there is no house for
192 COLONIAL PAPERS.
1726.
the Governour of New Jersey to reside in, and that I have been
obliged to purchase a house at Amboy to live in when I go
thither, and to hire a house at Burlington as often as the
Assembly meets there. So that my salary of 500 a year
alone, would bring me in debt by my Government of New
Jersey, and the reason why the Assembly dont incline to give
a greater constant salary, is, because they would not leave it
to an uncertainty for five years, whether the Governour will
meet them so often as they desire, and therefore they reserve
the addition to be made to his salary, to every meeting. To
explain this more fully, encloses following accounts. Continues :
Mr. David Lyoll, a Member of the Council for the Eastern
Division, being lately dead, I beg leave to recommend to your
Lordships Mr. Cornelius van Horn to be a Councellour for New
Jersey in his room. He has a plentifull estate in the Eastern
Division, and is every way well qualified for that office etc.
Signed, W. Burnet. Endorsed, Reed. 16th, Read 22nd Feb.,
172-j. 7J pp. Enclosed,
377. i. Accounts of the Western Division of New Jersey,
Sept. 23, 1720-1725. Sworn to by the Treasurer,
John Allen. Endorsed, Reed. 16th Feb., 172*. 13 pp.
377. ii. Accounts of the Eastern Division, 5th Dec. 1724
29th Oct. 1726. Sworn to by Michael Kearny,
Treasurer. Endorsed as preceding. 15 J pp.
377. iii. Certificate by merchants of New York. The New
Jersey paper money issued 1724 was at first refused
and then at a discount in New York for the first year,
but has since risen to a premium of 6d. to Is. in the
pound over New York money. 1st Dec. 1726.
Signed, Richard van Dam, John Roosevelt and 19
others. Same endorsement. 1 p.
377. iv. Certificate by the Mayor of New York that above
signatories are some of the most substantial merchants
of New York and their hand writing and the facts
are well known to him etc. Signed, Robt. Lurting.
Seal of the City of New York, by order of the Mayor.
Signed, Will. Sharpas Clk. J p.
377. v. Certificate by merchants of Perth Amboy. 15th
Dec. 1726. Confirm preceding and add that the
New Jersey currency has always passed without
discount in Pennsylvania. Between the currencies
of both these Provinces and gold there was a discount
of 15 p.c. in 1724, but this has decreased to 5 p.c.
and is decreasing etc. Signed, Andw. Johnston and
13 others. Same endorsement. 1 p.
377. vi. Certificate by the Mayor of Perth Amboy that the
above signatories are some of the most substantial
merchants of Perth Amboy, and that the facts and
their handwriting are well known to him etc. Signed,
AMERICA AND WEST INDIES.
193
1726.
John Parker, Mayor. Seal of the City of Perth
Amboy. J p.
377. vii. Account of negroes imported into the Eastern
Division, 20th July, 1698 22nd Dec., 1726. Custom
House, Perth Amboy. Total, 115. Imported from
the West Indies and only in the years 1718, 1720-22,
1725, 1726, by 11 ships. Same endorsement. 1 large
p. [C.O. 5, 972. ff. 107-117^., 120u.-129, 130-131,
132-133U.]
Dec. 20. 378. Governor Burnet to the Duke of Newcastle. Encloses
New York, following, and refers to matters mentioned therein. Set out,
N.Y. Col. Docs. V. pp. 809, 810. Signed, W. Burnet.
Endorsed, Rd. Feb. 16. 4 pp. Enclosed,
378. i, ii. Same to the Council of Trade, Dec. 19 and 20.
Duplicates. [C.O. 5, 1092. Nos. 52, 52 i, ii.]
Dec. 20. 379. Governor Burnet to the Council of Trade and
New York. Plantations. Encloses duplicates of Dec. 4 etc. Explains
discrepancies in accounts of export of furs etc., and refers to
accounts of negroes. " There are few negroes, if any imported
in West New Jersey." Encloses and comments on 12 Acts
passed in New York, llth Nov. last. The first Act explains
the Act for regulating the Indian trade in Albany etc. " The
Act here explained was past in June last, but has been found
to be defective in providing against many evasions that have
since been found out to avoid it, so that it was necessary to
make it stronger and more effectual, and as the people of
Albany have long been used to practise a clandestine trade
by the help of the Indians, it is very difficult to detect them,
and to bind them any way to observe the laws in force, without
making it their interest to discover one another, which is the
scheme upon which this Act and the former are contrived etc.
(iii) The Act for regulating and securing the Indian trade to the
westward of Albany, and for defraying the charge thereof, is
intended to enable me to build a fort and lodge 20 souldiers w r ith
an officer in it, upon the mouth of Onnondaga River, but
because it might be of ill consequence to give the French notice
of it till it is done, I thought it proper that it should be expressed
in general terms and that only a trading house should be
mentioned. It was likewise intended to prevent the frauds
usually committed in the trade with the Indians, by a Com-
missary who has power by this Act to do justice to the Indians
on their complaint. I hope by these measures that the trade
on the Lake will improve every year more and more, as it has
done hitherto, notwithstanding all the French have done, for
they have not yet thought fit to attempt to stop the far Indians
by force, from passing to us, and when they do, they will have
a difficult task of it. (iv) An Act for the easier partition of
C.P. XXXV 13
194 COLONIAL PAPERS.
1726.
lands held in common and promoting the settling and improvement
thereof, and for confirming former divisions in the settled town-
ships etc. It is certain that several familys have left this
Province for many years past because they could not find
lands to purchase here with a good title, because they are
mostly held in common, and remain yet undivided. This
Act is conceived in terms less lyable to objections than any
of the former." But as a similar Act was disallowed 9th
July, 1719, "I would not give my consent to this Act without
a clause," providing that it should not be in force without
H.M. approbation etc. (vii) By an Act to appoint an Agent,
they have agreed to appoint Peter Le Heup, at my recom-
mendation, but for one year only etc. Other Acts enumerated.
Continues : The necessity of making provision for a fort on
the Onnondaga River obliged me to meet the new Assembly
this fall. Refers to Minutes. Continues : They were inclined to
follow the steps of their predecessors, in lessening the salary's of
some of the Officers of the Government by their own authority.
But I gave them no other answer, except, that / would advise
with the Council about it, who accordingly as I expected, were
unanimously of opinion that the Assembly were encroaching
on the undoubted right of the Governour and Council. The
Assembly however enquired no more after it, and chearfully
went through their other business, and I have since issued
warrants in Council to all the Officers of Justice as usual,
contrary to the resolves of the Assembly, but I have moderated
the salary's of the Officers of the Revenue, because the duty's
on merchandize are not near so many as before, and conse-
quently the trouble of the officers is considerably lessened. I
have hereby engaged myself in a contest with the Assembly,
to support H.M. Prerogative, which I am resolved to do at the
risk of their dissatisfaction, though it should be ever so much
against my private interest, and I hope your Lordships will
think my conduct therein worthy of your approbation etc.
Encloses accounts of revenue, quit-rents, stores, and sessional
papers etc. Set out, N.Y. Col. Docs. V. pp. 810-814. Signed,
W. Burnet. Endorsed, Reed. 16th, Read 23rd Feb., 172 f.
11% pp. Enclosed,
379. i. Account of Revenue of New York, 5th June 1721
1722. Receipts, 4301 7s. 6jd. Expenditure : 3262 17s. Qd.
Signed, Abraham De Peyster junr., Treasurer. 2 pp.
379. ii. Account of Revenue, 5th June, 1722 14th May,
1723. Receipts, including above balance, 6332 10s. Sd.
Expenditure, 4603 2s. 8jd. Signed as preceding. 4 pp.
379. iii. Account of Revenue, 14th May, 1723-1724.
Receipts, including above balance, 5329 Os. 9fd.
Expenditure, 3809 7s. l\d. Same signature. 2 pp.
379. iv. Account of Revenue, 14th May, 1724 13th June,
1725. Receipts, including above balance, 8508 17s.
AMERICA AND WEST INDIES. 195
1726.
Expenditure, 7230 15*. 5jd Same signature.
6pp.
379. v. Account of Revenue, 13th June, 1725 20th April,
1726. Receipts, including above balance, 5279 10s.
9jd Expenditure, 3630 4>s. lOjd. Balance, 1649
5s. lOfd. Same signature. 2 pp. Nos. i _ v,
endorsed, Reed. 16th Feb., 172$.
379. vi. Account of 1600 granted to supply the deficiencies
of the Act for the support of Government. 1600
paid, leaving balance as in preceding, plus 3 Is. 2d.
since received, 3252 7s. Ofd. Signed as preceding.
These accounts were all sworn to Dec. 17, 1726, by
the Treasurer before me. Signed, W. Burnet.
379. vii. List of warrants drawn in Council upon the Revenue
and paid by the Treasurer of New York, 5th June,
1721 20th April, 1726. Total, 23,107 14s. Ifd.
Endorsed, Reed. 16th Feb., 172$. Copy. 15 pp.
379. viii. Account of H.M. Quit-rents for New York, 8th
Aug., 1722 29th Sept., 1726. Signed and sworn to
by Archibald Kennedy, Receiver General, 20th Dec.,
1726. Endorsed as preceding. 12 pp.
379. ix. Account of men, arms and stores at Fort Hunter.
Signed, William Helling. 1 p.
379. x. Account of the fort, arms and stores at Albany.
4th Nov., 1726. Signed, Henry Holland. If pp.
379. xi. Account of arms and stores at the fort at Schenectady.
Signed, John Collins. 1 p.
379. xii. Account of arms and stores at Fort George in New
York. Signed, Wm. Bond. 2f pp. Nos. ix xii,
endorsed, Reed. 16th Feb., 172&.
379. xiii. Account of negroes imported into the Province of
New York, 1701-1706. Totals : from West Indies,
1573. From Africa, 822. All imported by separate
traders, none by African Company. Set out, N.Y.
Col. Docs. V. p. 814. Signed, Archd. Kennedy.
Same endorsement. 1 p. [C.O. 5, 1054. ff. 92-
97u., 98u, 99, lOOt;., 101, 102i;., 103, 104t;., 105, 106*;.,
107, 108t;., 109, IWv., Ill, II2v., 113, 114-115, 116-
I23v., 124t;., 125r;., I26v., 1270., 1280., 129t;., I30v.,
131, 132, 133, 134, 135, 136, 137-138, 139-140, 141-
1480.]
Dec. 20. 380. Governor Burnet to Mr. Popple. Refers to enclosures
New York. an( i preceding letter. Concludes : I have writ to the Lords
very pressingly about the New Jersey Acts to take off their
objections against the last of them. I shall be much obliged
to you, if you can prevail upon their Lordships to meet upon
that affair before the first ships in the spring sail for New
York etc. P.S. I desire you will give my duty to my Lord
196
COLONIAL PAPERS.
1726.
Dec. 20.
Whitehall.
Dec. 20.
Dec. 21.
Whitehall.
Dec. 22.
Dec. 22.
Fleet street.
Westmorland, and acquaint him, that by reason that the river
is frozen up between this place and Albany, I could not get
the seeds he wants of white pines this year, but shall not fail
to get them next year. There are no white firs in the country.
Signed, W. Burnet. Endorsed, Reed. 16th, Read 23rd Feb.,
172f . 2 pp. Enclosed,
380. i. List of (12) Acts passed by the Assembly of New
York, llth Nov., 1726. 2| pp. [C.O. 5, 1054.
ff. 144, 144u., 145U.-1470.]
381. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, Act of Virginia, 1726, to confirm the title of
Richard Randolph, etc. [C.O. 5, 1365. p. 307.]
382. Col. Spotswood to the Council of Trade and
Plantations. Replies to Queries relating to his lands and again
states his case. Endorsed, Reed., Read 20th Dec., 1726. 9f pp.
[C.O. 5, 1320. ff. 97-1010., 102u.]
383. Council of Trade and Plantations to the Duke of
Newcastle. In answer to 15th inst. We know of no vacancy
in the Council of Barbados at present, but having some time
since had a good character of Mr. Lillington, we shall recom-
mend him to H.M. to supply the first vacancy etc. Autograph
signatures. 1 p. [C.O. 28, 39. No. 39 ; and 29, 14. p. 428.]
384. Mr. Fane to the Council of Trade and Plantations.
Report upon Revenue Act of Jamaica. The Legislature in
Jamaica have not in any instance in this Act pursued your
Lordships' Instructions to the Governour in relation to the
Revenue etc. Signed, Fran. Fane. Endorsed, Reed. 10th
Jan., Read 4th Oct., 1727. 1 p. [C.O. 137, 17. ff. 21, 22v.]
385. Jer. Dummer to [? Mr. Delafaye]. Encloses following,
and prays for the Duke of Newcastle's favour for obtaining
H.M. pardon for Condick etc. Signed, Jer. Dummer. f p.
Enclosed,
385. i. Mr. Willard, Secretary, to Jer. Dummer, Agent for
the Massachusetts Bay. Boston, 16th Oct., 1726.
The Lt. Governor and Council desire you will obtain a
pardon for George Condick, a convict of piracy, but
reprieved for 12 months in order to his obtaining the
King's mercy etc. Extract. J p.
385. ii. Certificate by Samuel Tyley, Register of the Court
of Admiralty, Boston. George Condick was con-
demned and reprieved in said Court (v. No. i), in con-
sideration that he was commonly intoxicated and
an ignorant young man, and mostly employed as
cook on board the snow Elizabeth etc. 29th Oct.,
AMERICA AND WEST INDIES. 197
1726.
1726. Signed, Samuel Tyley Regr. 1 p. [C.O. 5,
898. Nos. 40, 40 i, ii.]
Dec. 23. 386. Mr. Attorney and Mr. Solicitor General to the Council
of Trade and Plantations. Reply to Sept. 14. We are of
opinion nothing contained in the said Act of Parliament can
be construed to take away the right reserved to the Crown
by the said Charter as to trees of the diameter of 24 inches,
at 12 inches from the ground, whether the same are growing
within or out of any township ; the intention of the said Act
appearing to us to be to make a larger provision for preservation
of white pine trees, than was done by the Charter, by prohibiting
under severe penalties the cutting down such trees growing
without the limits described in such Act, notwithstanding they
might happen to be property of private persons and of
dimensions different from those described in the Charter, with-
out H.M. license ; But we conceive that this is so far from
having weaken'd or prejudiced any particular right vested
in the Crown to such trees, that the same is rather secured
thereby, since if any white pine trees shall be cut down, which
shall happen to be both within the reservation of the Charter,
and the prohibition of the Act of Parliament, the King may
have a new remedy against the offenders by suing for the
penalties inflicted by the Act in the summary method thereby
directed. Signed, P. Yorke, C. Talbot. Endorsed, Reed. 24th
Dec., 1726, Read 3rd Jan., 172f 4 pp. [C.O. 5, 869. ff.
358-359*;., 360t;.]
Dec. 24. 387. Lt. Governor Armstrong to the Council of Trade and
Annapolis Plantations. Refers to letter of 24th Nov. Continues : Since
that I have received advice from Govr. Dummer, yt. he is
inform'd from Albany yt. sevl. partys of Indians from Canada
are marching towards the New England fronteers ; And yt.
there being two women and two children missing, its beleived
there, that the Indians have carried them off, and intend to
commence a new warr. We are here as yet in peace and
quietness, but from those motions of the Canada Indians, we
have also the same reason to suspect a rupture ; And if should
be attacqued, I must again informe you, that by reason of the
many large breaches, the Garrison is in a very defenceless
condition, as further appears by the enclos'd representation
of our present state, upon which through the advice of all ye
Gentlemen of the Garrison, which is also enclos'd, I have order'd
Lt. Milledge belonging to the Honble. Board of Ordnance (it
being impossible to repair the breaches this winter) to plant
picketts, round upon the parrapett of the works, for our present
security till further orders from yt. Honble. Board ; which
considering the advice I have reed, as aforesaid, I hope will
meet with both their and yor. Lordps. approbation. Since my
198 COLONIAL PAPERS.
1726.
last we have reed, both cloaths and beding for the troops, and
we are at present a very healthy Garrison. There are some
murmourings amongst the Officers as if their subsce. was not
duely answered by the Agent, but as none have complain'd
thereof to me, I shall not trouble you with what may be ground-
less, further than to represent what hath happen'd to myself,
and cannot avoid complaining of the severity of my usage etc.
Before I left I was obliged to draw on Colo. Gardner for ye
subsce. of the troops there, from 23rd Feb. 172^ to 24th Aug.
last, which I divided into two setts of Bills of Excha. And ye
one being in favr. of one Mr. Brabant, master of a vessell
belonging to Mr. Couper the Agent Victualler at Plym., I
have advice that it is protested for non-acceptance through
pretence of no letter of advice, which affirme is groundless, for
I allways gave due advice, and never fail'd sending at the same
time a distribution of all the subsce. bills, which I have rais'd
at Canso to the credite of 200 p. ct. but by such usage as this,
it's to be fear'd, they will be reduced to the excha. that this
part of the Regiment is paid at, which is no more than 150,
which in my humble opinion is an imposition upon both officer
and soldier whose subsce. bills if duely paid, might be dispos'd
of to the merchts. at the highest excha. As to my other bill
(v. supra), I have as yet no advice thereof, for which reason I
hope it's paid. In my last I advised you of the necessity the
Garrison was in for provisions, through (as I was inform'd at
my arrival here) Mr. Rowland's neglect, which at the request
of the Gentlemen here, I was necessitated to undertake the
victualling ; And in order to enable me, the Capts. having lent
me their companys bills of subsce. from Augt. last to Feb.
next, I have drawn for the same, of which I hope you will
forward the payment. Mr. Borland having caused the pork
formerly condemn'd by survey here, to be resurvey'd at Boston,
he again returned the same to the Garrison ; But upon ye advice
of all the Gentlemen here etc., and (Mr. Borland having in other
cases brock his contract with Thomas Missing Esq.) I have
refused receiving of it etc. Refers to enclosures. Signed, L.
Armstrong. Endorsed, Reed., Read 1st June, 1727. 3f pp.
Enclosed,
387. i. Copies of surveys of provisions at Annapolis Royal,
condemning the pork supplied by Mr. Boreland, with
protest by officers of the Regiment, etc. Aug., 1726.
Mr. Borland's survey at Boston was made by those
in his interest or employment etc. 5J pp.
387. ii. Resolution of officers of the Garrison, rejecting the
pork returned by Mr. Borland, 20th Dec., 1726.
Endorsed, Reed. June. 1726. 5 pp.
387. iii. Lt. Governor Armstrong's Order to Lt. John
Milledge, 8th Dec. 1726, to repair the magazine and
fortifications so far as the season of the year will
AMERICA AND WEST INDIES.
199
1726.
permit etc. Signed, L. Armstrong. The officers of the
garrison approved of this order and advised that pickets
be cut and planted round the parapet, there being no
possibility of securing the many breaches otherways
this winter. 14 signatures. Endorsed as preceding.
Copy. 2pp.
387. iv. Deposition of Capt. John Blower as to the nature
of Mr. Borland's survey (v. No. i), 19th Dec., 1726.
Signed, John Blower. Same endorsement. Ij pp.
387. v. Representation of Lt. Governor Armstrong and the
Officers of the Garrison upon the increasingly ruinous
condition of the magazine and fortifications etc.
16 signatures. Same endorsement. 4 pp. [C.O. 217,
4. ff. 254-372u. ; and (abstract of covering letter only)
217, 30. p. 21.]
Dec. 24. 388. Lt. Govr. Armstrong to the Duke of Newcastle.
Annapolis Repeats preceding covering letter, mutatis mutandis.
Endorsed, Rd. June 2nd, 1727. 4 pp. Enclosed,
388. i, ii. Duplicates of encl. iii and v preceding. [C.O.
217, 38. Nos. 14, 14 i, ii.]
Royall.
Dec. 25.
Dec. 28.
389. Petty expenses of the Board of Trade, Michaelmas
to Christmas, 1726, 98 13s. 3d. Stationery, 65 7s. 9d.
Postage, 24 12s. Endorsed, Read Jan. 10, 172f. 4f pp.
[C.O. 388, 78. ff. 153, 154u., 157-158*;., 160,
390. Mr. Fane to the Council of Trade and Plantations.
Has no objection to the three Acts of New York referred to
him 29th July etc. Signed, Fran. Fane. Endorsed, Reed. 10th
Jan., 172, Read 18th Nov., 1729. 1| pp. [C.O. 5, 1055.
ff. 36, 3Qv., 37v.]
Dec. 30.
Fulham.
[1726].
[? 1726].
391 . Bishop of London to Mr. Delafaye. Encloses papers
to be laid before the Duke of Newcastle relating to Mr. Justice
Trot's claim to be continued in his station, after the Proprietors
have transferred their title to H.M. etc. Signed, Edm. London.
Holograph. 1 p. [C.O. 5, 387. No. 68.]
392. Plan of Fort King George (S. Carolina), 1726 (v. April
26,1727). I large folded p. [C.O. 5, 12. /. 61.]
393. [? Six of the Lords Proprietors of Carolina to ? Lord
Carter et. v. 23rd March]. During your Lordship's absence
we have had many attacks upon our propertie in S. Carolina.
Governor Nicholson returned (some time after your Lordship's
departure) charged with many complaints from the inhabitants
there and the merchants here, and he deputed a person to
succeed him that had acted with even greater imprudence
200 COLONIAL PAPERS.
1726.
than himself; for he has farmed, or sold all his offices in the
Province, and Mr. Hart formerly our Secretary hath taken
upon him to treat for the sale of his office, and Mr. Hammerton
who was to be the purchaser has applyed to the Crown for a
grant of it against which we thought proper to enter a caveat.
But this is not all we have had repeated accounts from Carolina
that we were like to have no quit-rents and that our lands were
entered upon, and our pitch and tarr and timber are used at
pleasure, and that if some stop was not putt to it, we should
have neither timber land nor quit rents. We were under the
greatest concern for want of your Lordship's advice and
assistance in this dilemma, however we applied to Mr. Ashley,
and acquainted him that we thought it proper for us now to
reassume the nominating of our own Governor since nothing
else was left for us to preserve our quit-rents, and the rest of
our properties, and Mr. Ashley's approbation accompanied
every step we took. The first thing we did was to present a
memorial to H.M. wherein we sett forth that we had appointed
Col. Horsey and pray'd the Royal approbation, we apprehending
that he was a person perfectly agreable to your Lordship, as
we know he was to a great many other noble Lds. of the Councill,
and we had reason to beleive that this matter would have mett
with no opposition, but to our great surprise, one Mr. Yong,
formerly our Surveior, and who intruded without consent into
the Receiver General's place for which he has not yet accounted,
took upon him in the name of the inhabitants as he pretended,
who are all our tenants in arrear, to present a memorial setting
forth that the Province would not only fall into the same com-
motions again in case the Proprietors were permitted to appoint
a Governor, but also that many of the inhabitants would leave
the Province, and therefore pray'd the Proprietors might not
be allowed to appoint a Governor and desired to be heard by
his Councill. This insolence moved us so much that we ordered
Mr. Shelton to write to him that we designed to move the
Councill to dismis his petition, unles he could produce his
authority, and he in writing not only returned that he had
Instructions to oppose our nominating a Governor, but to
desire and sollicite H.M. to take also the soyle of the said
Province unto himself : and upon attending the Councill, and
reading Mr. Shelton's representation ; and a motion being made
in behalf of the merchants for the matter of their complaints
to be heard, their Lordships were pleased to appoint a day for
hearing both these matters together, but Mr. Nicholson obtained
an order to enlarge the time, and when that came he obtained
a further order to put of the hearing till your Lordship's arrival :
and upon the hopes of your Lordship's coming so soon, we did
not think it proper to make any farther application to the Lds.
of the Committee. This my Ld. is a full state of all our pro-
ceedings, and we don't doubt but we shall have your Lordship's
AMERICA AND WEST INDIES. 201
1726.
assistance and concurrence ; since it is for the common interest,
and advantage of the province as well as the Proprietors. And
now we shall have your Ldship's. presence in town we are
perswaded your Lordship will join with us in bringing this
matter to a speedy conclusion, which has so long been suspended
to the prejudice of yr. Ldshipp and my Ld., your Lordship's
most obedient humble servants. Enclose copy of Mr. Yong's
letter. Without date or signature. [C.O. 5, 290. pp. 178-180.]
[1726]. 394. John Hammerton to Sir Robert Walpole. Begs him
to intercede again with the Duke of Newcastle for the dispatch
of his patent for the Secretaryship of Carolina etc. (v. Jan. 7th).
" The voyage I took from Jamaica, to Carolina, (where I
articled with the Secretary) and from thence hither has been
very expensive " etc. Signed, John Hammerton. Without
date. 2 pp. [C.O. 5, 383. No. 20.]
[1726]. 395. Same to Same. The Duke of Newcastle has ordered
my business to be done, but the warrant for the patent drawn
by Mr. Delafaye is for " Secretary, Clerk of the Council, and
Clerk of the inrollments : but the chief appendance belonging
thereto is not inserted, viz. Register of the Records. All the
Records of the Province, and the publick transactions of both
Councill and Assembly, have always been registered and fill'd
in the Secretary's Office (and it is a considerable perquisite)."
Begs him to speak with the Duke on his behalf, " there being
no sallery, and the whole income of that Office, with all the
perquisites, does not exceed 300." Signed, John Hammerton.
Without date. lj pp. [C.O. 5, 383. No. 21.]
[?1726]. 396. Same to the Duke of Newcastle. Notwithstanding
H.M. Order, your Graces and the rest of the Lords Justices'
warrant for a patent for the Secretary's place of S. Carolina ;
the Proprietors' Secretary (Mr. Shelton) has put in a caveat
in the Signett Office against the said patent passing the Seals,
disputing H.M. Royal power in the government of that Province.
Prays for an order for it to pass etc. (v. 7th Jan.). Signed, John
Hammerton. Without date. 1 p. [C.O. 5, 383. No. 22.]
[1726]. 397. Robert Johnson, late Governor of Carolina, to the
King. Recounts his services and prays to be appointed pro-
visional Governor of S. Carolina, in succession to General
Nicholson, who has leave to return. 1 large p. Enclosed,
397. i. (a) Address of the Assembly of S. Carolina to
Governor Johnson. Charles Town [1719]. It is the
greatest satisfaction imaginable to us, to find through-
out the whole country what universal affection
difference and respect the inhabitants bear to your
Honours person and with what passionate desire they
202 COLONIAL PAPERS.
1726.
wish for a continuance of your gentle and good admin-
istration. Entreat him to take upon him the Govern-
ment in H.M. name. The well being and preservation
of the Province depend largely upon his complying
with their request etc. 25 signatures.
(b) Governor Johnson to the Assembly of S. Carolina.
Reply to preceding. I hold my Commission from the
true and absolute Lords and Proprietors with H.M.
approbation and by that Commission I act etc. Copy.
1 large p. [C.O. 5, 383. Nos. 25, 25 i.]
[1726]. 398. Robert Johnson to the Duke of Newcastle. Similar
petition to preceding, and enclosure i (), after General Nichol-
son's return. [C.O. 5, 383. Nos. 26, 26 i ; and (duplicate of
enclosure) 26 ii.]
[? Oct. 399. Same to the King. Similar petition and enclosure
1726]. 397 i (a). General Nicholson has now been in England a year
and a half etc. [C.O. 5, 383^ Nos. 27, 27 i.]
[1726]. 400. Anonymous account of the Duke of Portland's conduct
in Jamaica. Complains of the cases of the Chandos and
Esperance, and the Governor's provoking management of the
Assembly, Mr. Bernard, and the Provost Marshal. He refused
to accept Mr. Henderson's appointment by the Lords of the
Admiralty as Judge Advocate of the Vice Admiralty Court,
and protects the Marquis du Quesne, Capt. of the fortifications
at Port Royal, whom the Assembly have proved a chief dealer
in the prohibited French trade, and trade with the Dutch ships
which come in under pretence of distress, etc. 16 pp. [C.O.
137, 52. ff. 208-2150.]
[1726]. 401. Memorial by Alexander Stevenson to the Duke of
Newcastle. States the proceedings of Governor the Duke of
Portland in the case of the Chandois and Esperance. 2j pp.
[C.O. 137, 52. ff. 218-219.]
1726. 402. An answer to some complaints against the Duke of
Portland in a letter from Jamaica. Case of the Chandois and
Esperance re-stated etc. Without date, signature or endorsement.
3J pp. [C.O. 137, 52. ff. 290-291U.]
[1726]. 403. Representation of Springett Penn and Hannah Penn,
praying H.M. approbation of Major Patrick Gordon as Lt.
Governor of Pensilvania and the three counties on Delaware
etc. v. A. P. C. III. No. 94 and 1st March supra. Signed,
Springett Penn, Hannah Penn. 1 p. [C.O. 5, 1234. No. 7.]
AMERICA AND WEST INDIES.
203
[? 1726]. 404. Petition of John Vat, of London, Gentleman, to the
King. In pursuance of patents granted by the Lords Pro-
prietors of Carolina (v. July 9, 1725), some Swiss Gentlemen
had engaged above 200 persons in or near Geneva. In Sept.
above 100 went to Neuschatel, where they were to be joined
by others for S. Carolina. Several other Swiss Gentlemen,
who had promised to advance money for that undertaking
(hearing, that the Lords Proprietors had refused to comply
with their engagements, in relation to the charge of trans-
portation, and had granted another patent to Stephen Godin
and Jacob Satur, of London, in trust for Mr. Purry, in order
to carry only 200 persons, at his own charge, from Switzerland
to S. Carolina) declined likewise to perform what they had
promised. So that Purry, and others concerned with him,
for want of 100 sterling, were obliged to withdraw from
Neuschatel, and leave the Swiss to shift for themselves. In
November about 50, being encouraged by a Gentlewoman with
two small children went to Basil, but for want of money, only
20 went thence to Holland, who were transported thence in
a ship sent by the merchants who agreed with Mr. Purry to
transport 200 of them, sailing from Dover Road on 6th Dec.,
and arrived at Charles Town after six weeks. As they can have
no lands allotted them by virtue of the said patents, prays
for H.M. royal consideration for their relief. Signed, John
Vat. 1 p. Without date. [C.O. 5, 383. No. 31].
1726- 405. Virginia. Naval Officer's accounts of ships entered
1734. and cleared, 1726-1734. 1 large vol. [C.O. 5, 1443.]
1724- 405ft. Correspondence of Commandants of Essequibo with
1726. the Directors of the Dutch West India Company. [C.O. 116,
24, 25.]
April 21. 4056. H.M. Instructions, relating to the Acts of Trade and
Navigation, to Springett Penn and Hannah Penn, widow,
Proprietors and Governors of Pennsylvania. [C.O. 5, 193.
pp. 1-26, 30, 31.]
April 23. 40 5c. Mr. Fane to the Council of Trade and Plantations.
Has no objection to 6 Acts of New Hampshire, 1723, 1724
(v. 1st Dec. 1725). Signed, Fran. Fane. Endorsed, Reed. 2nd
June, 1726, Read 31st May, 1728. lj pp. [C.O. 5, 870.
ff. 113,
May 4. 40 5d. Address of Governor and Company of Rhode Island
Newport on and Providence Plantations to the King. Congratulate H.M. upon
Rhode his preservation from the danger he was exposed to by tempest
n ' in his passage from Holland in January, and thank the Almighty
204 COLONIAL PAPERS.
1726.
for " continuing so precious a life to sit on the Brittish throne
to the unspeakable joy and comfort of all your loyal Protestant
subjects, who thro' your princely wisdom and conduct have
been preserved from Popery and Slavery " etc. Signed, Saml.
Cranston, Governor. 1J pp. [C.O. 5, 1302. ff. 5, to.]
1726-1737. 406. Treasurer's accounts, Barbados. [C.O. 33, 30.]
Colonial Papers
1727.
Jan. 3. 407. Mr. Popple to Lt. Govr. Wentworth and Mr.
Whitehall. Armstrong. Encloses opinion of Attorney and Solicitor General
upon Crown rights to the woods. [C.O. 5, 915. p. 483.]
Jan. 5. 408. President Carter to the Duke of Newcastle. Acknow-
virginia. ledges letter etc. of Sept. A sickly indisposition for most of the
year has interfered with his attendance at the seat of Govern-
ment, but he hopes nothing has been omitted within the duty
of his place etc. Signed, Robert Carter. Endorsed, Rd. Feb.
25th. 1 p. [C.O. 5, 1337. No. 32.]
Jan. 7. 409. Mr. Fane to the Council of Trade and Plantations.
In reply to 14 Dec. 1726, describes provisions of Act of New
York to vest in Thomas Hicks in fee simple certain lands etc.
Continues : It is merely intended to cut off the entail created
by the will of Daniel Whitehead. This is the method constantly
made use of to barr entails in this Colony, and they have no
other way of doing it, for it cannot be supposed that fines
and recoveries of lands in the Plantations levied and suffered
here could have any effect there etc. Reccommends the
confirming of the Act. Signed, Fran. Fane. Endorsed, Reed.
10th, Read llth Jan., 172?-. 2j pp. [C.O. 5, 1054. ff.
71-720.]
Jan. 10. 410. Mr. Fane to the Council of Trade and Plantations.
Has no objection to the Act of Virginia to confirm the title of
Richard Randolph to certain lands, it being garded with the
utmost care and all parties interested having consented to it.
Signed, Fran. Fane. Endorsed, Reed., Read llth Jan., 172f.
2f pp. [C.O. 5, 1320. ff. 103-104^.]
Jan. 10. 411. Council of Trade and Plantations to the Lords
Whitehall. Commissioners of the Treasury. Enclose Office accounts from
Midsummer to Christmas, 1726. There was then six months
salary due to the Secretary and other Officers etc. Accounts,
certified, annexed. [C.O. 389, 37. pp. 268-271.]
Jan. 11. 412. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. It has always been esteem'd a matter of great
206 COLONIAL PAPERS.
1727.
consequence to the British intrest in America, to preserve the
alliance and dependance of the five Indian Nations bordering
upon New York, and to prevent their affections from being
alienated from us by the French, who have made frequent
attempts for that purpose, and have lately prevailed upon
some of them by surprize, to allow the French to build a fort
at Niagara, which if not speedily removed will be very detri-
mental to the five Nations, and consequently to us. Enclose
extracts of Governor Burnet's letter, 4th Dec., 1726, and Con-
ference with the Indians etc. Continue : Your Grace will
perceive by them, that the Indians think themselves unjustly
treated upon this occasion, and expect redress therein from
H.M. interposition in their behalf. In our humble opinion it is
highly necessary for H.M. service, that these Indians should
be convinced, that they may expect to be protected by Great
Britain so long as they continue firm in their attachment to us,
and it may be necessary to acquaint your Grace, that the
French have, in this proceeding, acted contrary to the 15th
Article of the Treaty of Utrecht. Wherefore we must intreat
your Grace to obtain H.M. orders for his Minister at the French
Court, to make application for redress, which cannot be effectual,
unless the said fort be demolished. Autograph signatures.
2 pp. Enclosed,
412. i. Extract from letter from Governor Burnet to the
Council of Trade. C. S. P. 4th Dec., 1726.
412. ii. Copies of No. 362, iii, iv.
412. iv. Extract from Conference with Six Nations, No.
362, i.
412. v. Copy of Indians' deed of surrender, No. 362, ii.
412. vi. Map of the Country of the Five Nations 6?fc., "Taken
from the map of Louisiane done by Mr. De Lisle in
1718." [C.O. 5, 1085. Nos. 59, 59. i-vi ; and
(without enclosures) 5, 1124. pp. 399-401.]
Jan. 12. 413. Mr. Leheup to Mr. Popple. Presses for representation
in favour of Mr. Hicks' act, on Mr. Fane's report etc. (v. 7th
Jan.). Signed, Peter Leheup. Endorsed, Reed., Read 12th
Jan., 172. Addressed. J p. [C.O. 5, 1054. ff. 73, 740.]
Jan. 13. 414. Duke of Newcastle to Deputy Governor Gordon.
Whitehall. Encloses following and desires he will endeavour to procure
the boy's liberty, " which I suppose will not be very difficult
upon the repayment of the money, which he was sold for."
Acknowledges letter of 22nd Oct. and thanks him for what he
has done concerning the children of Col. Bonar. Signed, Holies
Newcastle. Annexed,
414-. i. Petition of Edward Busby of Symond's Inn in
Chancery Lane, Victualler. His son George, 14, was
taken away a year ago by Capt. Sparkes of Bristol
AMERICA AND WEST INDIES. 207
1727.
to Philadelphia and there sold for 7 years to David
Evans for 16 pounds paper money. Prays for order
for his return, petitioner being willing to pay the
16 etc. Signed, Edward Busby. [C.O. 324, 35.
pp. 296, 297.]
Jan. 14. 415. President Carter to the Council of Trade and
Virginia. Plantations. Acknowledges letter to Governor Drysdale of
30th June and hopes to transmit returns of negroes imported
etc. by next conveyance. Has sent Minutes of Council up to
14th Dec. Refers to account of 2s. pr. hhd. Continues : From
the large demand of rights for taking up new lands, as well as
the crop of tobacco now ready to be ship'd, and which 'tis
believed will near equal that of the preceding year, there is
reason to expect a good addition to that revenue. Herewith
your Lordsps. will also receive the Naval Officer's accots. of
the imports and exports from Lady Day to Christmas, whereby
your Lordps. will have a view of the trade of this Colony for
that time. The General Assembly which was under prorogation
at the death of the late Governor, has been since further
prorogued to 15th Feb., and since the publick affairs do not
require any convening it ; I intend at next Council a further
prorogation, that whosoever H.M. is pleased to appoint Governor
here may find an Assembly subsisting at his arrival, etc. Colo.
Ludwell, who for many years worthily served as a Member of
H.M. Council dyed on the 10th of this month. P.S. I send
this by the Exchange of Biddiford, being unwilling to delay it
till an opportunity offers for London etc. Signed, Robert
Carter. Endorsed, Reed. 3rd, Read 28th April, 1727. 4 pp.
Enclosed,
415. i. Account of H.M. Revenue of 2s. per hhd. 25th April
25th Oct., 1726. Totals: Receipts (including
balance of 2922 3s. lOd) 6475 7s. Wd. Expenditure,
1935 2s. 6d. Signed and sworn to in Council, John
Grymes Recr. Genii. Audited by, Nathl. Harrison,
Depty. Audr. Endorsed, Reed. 3rd April, 1727.
2 pp. [C.O. 5, 1320. ff. 129, 130-131*;., 132u.-133i;.,
Jan. 18. 416. List of Negroes imported into S. Carolina, 30th May,
1721, 29th Sept., 1726. Total, 3632, of which 1751 were
imported Sept. 29, 17251726. Port of Charles Town. Sworn
to in Council by, Wm. Hammerton, Naval Officer, f p. [C.O.
5, 387. No. 69.]
[Jan. 20.] 417. Traders in tobacco to the Council of Trade and
Plantations. Criticise Mr. Nicholl's proposals, which are
impracticable and the outcome of ignorance. His proposal
to lessen the duty on tobacco by \d. pr. Ib. to the importer
208
COLONIAL PAPERS.
1727.
Jan. 20.
Whitehall.
Jan. 22.
Virginia.
upon destroying the stalks, will not increase the revenue, but
will amount to increasing the duty by Id. pr. Ib. It will not
encourage either planters or shippers etc. 49 signatures. En-
dorsed, Reed., Read 20th Jan., 172f. 5f pp. [C.O. 5, 1320.
ff. 105-107i;., 108z>.]
418. Council of Trade and Plantations to the Duke of
Newcastle. Enclose extract of Governor Phenney's letter
received since their representation of 10th Nov., showing what
great want he is in of stores of war, and what the Spaniards
are now doing at the Havana. Autograph signatures. 1 p.
Enclosed,
418. i. Extract from Governor Phenney's letter, 10th Nov.,
1726. 1J pp. [C.O. 23, 12. No. 88 ; and (without
enclosure) 24, i. p. 94.]
419. John Carter to Duke of Newcastle. Expresses gratifi-
cation of those who advised the suspension of Mr. Jenings,
that H.M. has shown approval by confirming Col. Carter in
the Government etc. Continues : I now humbly lay before
your Grace a state of my office of Secretary of Virginia, which
I have drawn up with all the truth and exactness I could furnish
myself with, from the records of the country and the Council
Journals. And if anything do's not appear in the clear light
it ought to do, it is because the original instruments cannot be
found, but must be supposed to have been lost many years ago
in the fire at James Town. The small value of my place, by
reason of the low price of tobacco our staple commodity at this
time will make it the more excusable in me to endeavour to
obtain all the privileges and perquisites of it, which have been
enjoyed by former Secretaries etc. Only desires the profits
" that have always gone along with the office, except where the
Secretary, either holding the place by the Governor's appoint-
ment or recommendation, has thought fit to compliment him
with what of right belonged to himself " etc. Has desired Mr.
Leheup to intercede with his Grace for a favourable recom-
mendation to H.M. etc. As to the power of appointing the
County Court Clerks, which is the most considerable privilege
belonging to his office, he has never sold any of these places,
but has filled vacancies with great care with the best qualified
persons, taking every year from each a small inconsiderable
sum, the same to a penny which has always been paid by them
to the Secretary. Continues : I cannot learn on what account
it was that the Secretaries at first claimed this from the Clerks,
but as I found it an ancient perquisite in the office, I hope I
am justified in receiving it. The fees for the Seal, by all that
I can learn, were always paid to the Secretary till Governour
Spotswood took them from Dr. Cocke then Secretary and gave
them to him again as Physician to his family. At his death
AMERICA AND WEST INDIES. 209
1727.
they were given to Dr. Brown, and upon Mr. Drysdale's arrival
to Dr. Blair, etc. Signed, John Carter. Endorsed, Rd. July
20th. 4 pp. Enclosed,
419. i. Case of the Secretary of Virginia. A County Court
is established by law in every County. Of late some
inhabitants upon the frontiers have complained of
the great length of their counties, in regard to their
being situated remote from the place where their
County Court is held etc., and application being made
to the last General Assembly, for a division of the
counties, Mr. Drysdale, supposing the Assembly
would gratifie those people, was pleased to promise
the office of County Clerk of those intended new
counties to some of his friends. Nothing more was
done, but the Secretary thinks it incumbent on him
to shew the grounds upon which the Secretary of the
Colony has ever claimed the appointment of that
officer etc. Argues that, as keeper of all the Records,
the Secretary must naturally appoint the Clerk of the
Court in whose actual possession they would be.
Examines two instances to the contrary, 1701, 1721,
etc. The Great Seal has always remained in the
custody of the Secretary, since in his office all patents
and Commissions of the Peace and Oyer and Terminer
are prepared and sealed. " For sealing them, neither
Governor nor Secretary hath ever been allowed to
take any fee ; because the people might not be thereby
discouraged from suing out patents for the King's
lands, and that Justice might be administered as
cheap as possible. Yet it being very usual for the
Secretary by the Governor's orders to make out
exemplifications of patents, deeds, etc. and to affix
the seal to the same, it hath been alwaies customary
for him to take a fee of 205. for the same, until Col.
Spotswood claimed that fee as his right, but gave it
to Dr. Cocke then Secretary as he was Physician to
his family." Prays that this fee may be restored, and
that a seal may be granted to his office, for want of
which the Great seal is upon many occasions improperly
used etc. 10 pp. [C.O. 5, 1337. Nos. 33, 33. i.].
Jan. 23. 420. H.M. Commission to William Gooch to be Lt. Governor
st. James's. o f Virginia, " in case of the death or absence of George Earle
of Orkney, etc." Countersigned, Holies Newcastle. Copy.
[5, 1365. pp. 308, 309 ; and 324, 35. pp. 310-312 ; and 324,
49. /. 38.]
Jan.24-26. 421. Minutes of Council and Assembly, S. Carolina, con-
taining the Conference held with Chigilee and the Headmen
C.P. XXXV 14
210 COLONIAL PAPERS.
1727.
of the Lower Creeks and with Long Warrior of the Cherokees
relating to a peace then made between them. Council Chambers,
Charles Town. 20 pp. [C.O. 5, 387. No. 70.]
Jan. 26. 422. President Ayscough to the Council of Trade and
Jamaica. Plantations. Refers to letter of 14th Nov., " a duplicate
whereof went 17th Dec." etc. Continues : I am now to lay
before your Ldships. a full account of the late transactions of
the Council and Assembly ; those of the latter will, upon a
thorough view, appear the most absurd and ridiculous, as well
as disrespectfull to H.M. and His authority, that perhaps
have ever happened in this country ; for which reasons I
dissolved them with the advice of the Council and writts are
now issued for calling a new Assembly to convene the 1st of
March. Refers to Speech of 18th Oct. (v. 1st Nov.) ; and the
pressing manner in which he laid before them H.M. recom-
mendations etc. Continues : All the regard or return to it
was their vouchsafing to enter H.M. sign manual in their
Minutes ; but ordered the draught which the King had expressly
recommended to lie upon their table, and to appoint that day
sen'night for taking the Speech into consideration. From the
18th to the 22nd their time was taken up with disputes about
swearing some of their Members, they insisting upon it as their
inherent right to have their Members sworn in their own House,
which occasioned my sending them a copy of part of H.M.
Instructions whereby it appears that I might either commission
fit persons for that purpose or have them sworn before me in
person ; and therefore I told them, to avoid disputes, I was
ready to swear them. The 22nd of October the dreadful
hurricane happened, so that the House only met and adjourned
from day to day till the 28th, when they sent me a long message
with reasons for their still insisting on having their Members
sworn in their own House ; but upon examining into precedents
I found many more instances against such a pretended right
than those they mentioned which made for them ; however I
thought it hardly worth while to obstruct the publick affairs,
they having come to a resolution to proceed to no business till
such time their Members were sworn in the House ; therefore
I waived the dispute and granted a dedimus, and pursuant
thereto two of the Council went down to the Assembly and
administred the oaths to four of their Members, and then the
House put off the consideration of my Speech to the 1st of
November, and from thence to the 2nd, then to the 3d. ; so
the Council finding the House did but trifle with, and evade,
H.M. recommendations, they advised me to send to them a
message to remind them thereof; this Message being written
with some warmth and zeal the House laid hold of it and made
it a handle for their not proceeding to business till they had
received satisfaction for the high indignity and breach of
AMERICA AND WEST INDIES. 211
1727.
priviledge offered to their House which they conceived tended
to the entire subversion of their Constitution ; and then they
sent me up a long and indecent message demanding redress
and satisfaction, and at the same time came to a resolution
to proceed to no other business till they had received satis-
faction and reparation for the high indignity and breach of
priviledge offered by the said message and the infringement of
their liberties ; I endeavoured all I could to moderate matters,
and sent them a message which I thought would have pleased
them ; but on the contrary they voted it not satisfactory and
came to a resolution that whosoever prepared and proposed
the said message in Council was an enemy to the very being of
Assemblys to his country etc. ; and then they reduced their
quorum to five Members to meet and adjourn, and the rest of
them dispersed themselves to their several aboads : This made
me on the 18th advise with the Council whether to prorogue
them or to keep them sitting ; and they advised me to keep
them together. But the House would proceed to no business
only five Members met and adjourned from day to day till the
7th of December, then the Council advised me to prorogue
them to the 2nd day of January instant, and accordingly they
were prorogued by Proclamation etc. Their proceedings from
the 2nd of January to the 17th, on which day they were dis-
solved, will appear to your Lordships more absurd than the
former : I could not possibly get a quorum of the Council to-
gether before the 10th of January, which put me under a
necessity of desiring the Speaker to adjourn the House to the
4th, this was complyed with, and on the 6th I sent them another
message setting forth the want of a quorum of the Council,
and therefore desired them to adjourn to the 10th, but in
place of complying therewith they voted to continue sitting
and to proceed to business, tho' but a very thin House : This
breach of their duty obliged me to assert H.M. Prerogative and
to prorogue them to the 10th, and having then got a sufficient
number of the Council together I laid before them the fresh
instances of H.M. great goodness, as your Lordships will please
more particularly to observe by the Speech I made to them
(inclosed) ; but I was soon astonished at their proceedings, for
the moment after I had spoke to them they returned to their
House and immediately, without the least consideration of
H.M. recommendations, in a violent and disrespectful manner
rejected the draught with disdain and ordered a bill to be
brought in for reviving and continuing their laws, and voted
only six months subsistence to the soldiers in a separate bill,
and, having spent some days about their Perpetuity Bill, they
voted (tho' not inserted in their Minutes) to give the King in
this new bill no more than the old Revenue mentioned in the
late 21 years laws, and then they passed the usual Additional
Duty Bill entituled, an Act for raising several summs of money
212 COLONIAL PAPERS.
1727.
and applying the same to several uses ; which they sent up to
the Council on the 14th, and the Council having passed the
same in their legislative capacity I desired their opinion and
advice, as the King's Council, whether they thought it consistent
with my duty to H.M. to give my assent to it since the Assembly
had rejected the draught of the Perpetual Bill so strongly
recommended by H.M. and of so great consequence to the
country ; and they advised me to pass the said bill and were
entirely of opinion that I should, after I had given my assent
to it, dissolve the Assembly and forthwith issue new writts
for calling another, which was accordingly done, but I really
cannot flatter your Lordships so far as to say that I expect
better success from the ensuing Assembly ; they seem to be
obstinate and headstrong against providing for the soldiers
in any Perpetuity Bill nor will they (if they continue in their
present circumstances) receive any draught that comes from
home, tho' recommended to them in the most powerful manner
by H.M. I have taken the first opportunity that has offered
since the dissolution to give your Lordships a faithful account
of their unaccountable proceedings, that H.M. may be informed
of their undutiful behaviour in slighting so much goodness and
condescension offered and recommended to them. It is not
proper for me, nor shall I presume, to point out what measures
may be proper to be taken to bring these people to a due sense
of their duty and obedience to their King ; your Ldships may
observe from long experience that H.M. gracious offers, His
lenity and condescensions have been but thrown away upon
them, which makes the most considerate men here so far from
thinking the two Independent Companies a burthen to the
country that they rather think a Regiment necessary for the
security of the King's Government and the country against
both their foreign and intestine enemies ; and, should the
Assembly refuse to allow them an additional subsistence in the
manner former Regiments have had, that then H.M. Governor
might be empowered to take such other measures for their
subsistence as H.M. shall think most proper : I shall say no
more of Assemblys only that it is indispensibly necessary that
some speedy remedy be applied to make H.M. Government
here less independent upon them otherwise a Governour cannot
subsist unless he parts with his Instructions and gives up the
Prerogative to the unsatiable will of an obstinate people. We
have not heard from Admiral Hosier since he sailed from hence
the 26th of the last month : It is not improbable but some
unquiet spirits here, who endeavour on all occasions to distress
the Government, may use undue means to stir up some of the
merchants at home to make a clamour against the measures
the Council and I fell upon to assist Admiral Hosier with seamen,
without which it had been impossible for the Admiral to have
gone to sea : I sent in my last letter a copy of our proceedings
AMERICA AND WEST INDIES.
213
1727.
thereupon to the Secretary of State and hope the same will
have met with H.M. approbation etc. Signed, J. Ayscough.
References to Minutes of Council and Assembly are given in the
margin, in confirmation of above narrative. No enclosures.
Endorsed, Reed. 10th, Read llth April, 1727. 6f pp. [C.O.
137, 16. ff. 349-352*;.]
Jan. 26. 423. President Ayscough to the Duke of Newcastle.
St. James's. Describes his dealings with the Assembly, repeating part of
preceding covering letter etc. Signed, J. Ayscough. Endorsed,
R. 10th April. 4 pp. Enclosed,
423. i. President Ayscough's Speech to the Council and
Assembly. Urges unanimity and dispatch in con-
sidering draught of Revenue Bill etc., and communi-
cates the Duke of Newcastle's letter upon it, etc.
423. ii. Duplicate of Dec. 16 dated Dec. 17, and endorsed,
R. April 10. Copy. 3j pp. [C.O. 137, 52. ff.
314-3191;.]
Jan. 30.
Boston.
424. Anon, to Lord Townshend. Represent the " deplor-
able state of new England since the late dishonourable peace
concluded by Lt. Govr. Dummer. We have had lately several
captives taken by the Indians and those who took them captive
being apprehended and imprison'd with visible marks of
guilt have been set at liberty to our great amazement. The
King's prerogative and liberty of the subject have been invaded
by our last general Court, in their expelling Judge Minzies
the house for his writeing to the Lords of Admiralty that he
has been frequently served with prohibitions by the provincial
judges here, and could not get 12 honest men that would do
the King justice in this place, and the liberty of the subject
has been violated by the General Court's denying a very con-
siderable body of people lately come from Ireland, liberty to
erect townships in our frontiers onely because they were not
Congregationalists tho' good protestants, and loyal subjects
of King George. Episcopal Ministers have been mobbed here
and bonefires made near their houses, mock'd and insulted
and forc'd to keep within doors. Mr. McGregore, the only
Presbyterian minister here, a man of bright natural parts
and extraordinary learning has been anathematiz'd. Press
warrants have been deny'd to the Captain of H.M. ship when
his men had deserted him, and strick orders given by our
Lieut. Govr. to our vessels to pay no regard to our sd. ship,
and the Captn. threatned to be shot if he offer'd to press any
of their Congregationalists. And all this is done under a
pretext of law and priviledges of their Charter, which if
effectually broken would make all easy, and till then, or that
Govr. Shute come over to us, or some other that will assert
the King's prerogative, we utterly despair of peace with the
214
COLONIAL PAPERS.
1727.
Indians, or peace with ourselves, much more of seeing this a
flourishing country. Begging your favourable regards to our
grievances, your pardoning this trouble and concealing our
names for fear of being anathematiz'd by our Congregationalists
and arbitrary assembly etc. Signed, A.T., B.A., C.Y., J.M.,
T.S., F.A. Addressed. Postmark. Seal. 1 p. [C.O. 5, 752.
No. 34.]
Jan. 31. 425. Duke of Newcastle to the Council of Trade and
Whitehall. Plantations. Encloses following for their report thereupon.
Signed, Holies Newcastle. Endorsed, Reed. 14th, Read 22nd
Feb., 172f. 1 p. Enclosed,
425. i. Minutes of Assembly of St. Christophers, 19th Feb.,
1725(6), upon Lt. Governor William Mathew's refusing
to account to the House for money entrusted to him
by the Act to build a fortification on Brimstone Hill
etc. Copy. 1 p.
425. ii. Address of the Assembly of Saint Christopher's to
the King. Notwithstanding Governor Hart's repeated
orders to Lt. General Mathew to account for the
4,150 paid into his hands as above etc., we could only
obtain a bare account without any vouchers. He
refused to meet a Committee of the House to explain
said account, and by a letter to the Governor has
represented us as wanting in our duty to your Majesty
in requiring an account from him. Your Majesty's
subjects in St. Christophers have always been remark-
able for their zeal for your Majesty's service their
affection for your person and Government and their
duty and submission to your royall authority in the
persons of your Governours etc. Praise the mild
and just administration of Governor Hart etc. We
have given directions for laying a fuller state of this
matter before your Majesty herewith etc.. Pray for
H.M. order for their redress and preventing the like
attempts for the future. 6th March, 172-j. Signed,
John Griffes, Clk. Assembly. Endorsed, Reed. 14th
Feb., 172*. 1 large p. [C.O. 152, 15. ff. 304,
305t;., 306, 307, 307v.]
Feb. 2. 426. Governor Shute to the Council of Trade and Planta-
st. James's, tions. The great quantity of paper bills of credit which are
now circulating in the Province of Massachusetts Bay are very
detrimental to the trading merchants there, and also to the
merchants in Great Britain etc. There is now one hundred
thousand pounds in those bills, circulating in that Province,
which according to the Act of Assembly made in 1716, were to
circulate no longer than ten years, which determins in May,
1727. And having lately receiv'd information from thence,
AMERICA AND WEST INDIES.
215
1727.
that if I should not receive H.M. commands, and arrive soon
enough to prevent it, it's fear'd that under some pretence or
other the calling in of those bills will be postpon'd. It's there-
fore humbly submitted to your Lordps., whither a possitive
order should not be immediately sent to the Lieut. Governour
of that Province, so as those bills may be called in according
to the tenour of the said Act. Signed, Samuel Shute. $n-
dorsed, Reed., Read 2nd Feb., 172f. 1 p. [C.O. 5, 860.
ff. 361, 362u.]
Feb. 8. 427. Order of King in Council. Approving appointment
St. James's, of Lt. Governor Calvert, provided he give security and qualify
himself as the law requires etc. Signed, Temple Stanyan.
Endorsed, Reed. 10th, Read 14th Feb., 172f. Ij pp. [C.O.
5, 1266. ff. 223, 223u., 224z;.]
Feb. 8. 428. Order of King in Council. Approving report (quoted)
St. James's. o f Committee of Council, based on reports of the Board of
Trade, upon the boundary between Connecticut and Rhode
Island and fixing the line by the green line in the annexed
map, as determined in 1703 by the Commissioners of the two
Colonies, etc. Set out, A. P. C. III. pp. 11-16 (where the
date of the agreement to the report on p. 11 should be Aug. 2,
1726, not 1728, and on p. 16, line 17, the word opinion should
be inserted after of. Printed also in R. I. Hist. Soc. Coll.
III. 206, under date 1726). The Map referred to is reproduced
in A. P. C. III. Appendix V. (cf. C.O. 5, 1293. p. 296a.)
Signed, Temple Stanyan. Endorsed, Reed. 3rd, Read 4th
May, 1727. 9 pp. [C.O. 5, 1266. ff. 253-257*;.]
Feb. 8. 429. Order 'of King in Council. Approving draught of
St. James's. Additional Instruction relating to appeals etc. v. A. P. C. III.
No. 100. Signed and endorsed as preceding. Ij pp. [C.O.
323, 8. No. 70 ; and 5, 193. p. 33.]
Feb. 8. 430. Order of King in Council. Approving representation
St. James's. o f Nov. 24th last, and appointing Capt. John Biitterfield and
Capt. Francis Jones to the Council of Bermuda etc. Signed
and endorsed as preceding. lj pp. [C.O. 37, 11. ff. 265,
Feb 8.
Whitehall.
431. Mr. Popple to Lt. Gov. Dummer. There being an
Act passed in the Massachusets Bay in 1716, for making and
remitting the sum of 100,000 in bills of credit, and my Lords
Commissioners not thinking it for the good of the Province or
the merchants trading there, that these bills of credit should
be any longer continued, they expect you will take the necessary
care that the bills of 100,000 now circulating in your Govern-
ment by vertue of the aforesaid Act, may be all called in and
destroy'd in May next, as that Act does then expire ; and that
216
COLONIAL PAPERS.
1727.
for the future you do not pass any Act for creating a paper
currency, without H.M. express leave for that purpose. [C.O.
5, 915. pp. 482, 483.]
Feb. 9. 432. H.M. Commission to the Bishop of London to exercise
Westminster, ecclesiastical jurisdiction in the Plantations etc. v. March 27.
Countersigned, Bisse and Bray. Copy. Latin. 7 pp. [C.O.
324, 49. ff. 39-45.]
Feb. 10. 433. President Ayscough to the Duke of Newcastle.
Jamaica. Admiral Hosier with the squadron under his command are
arrived from Cartagena the 8th instant, and acquaints me that
he has positive orders from H.M., so soon as he can be victualed
and manned, to put to sea again ; and in order to enable him
thereto he has made another demand to be supplied with
seamen. I have summoned the Council on this important
affair, and shall do everything in my power to give the Admiral
all the assistance possible. But my duty obliges me to represent
that the Admiral and his Officers have already impressed about
1000 seamen from the Trade of the Island, so that it is likely
to prove a great detriment to our Navigation, especially if the
impress be continued : I have thought it proper to acquaint
your Grace therewith that, in case H.M. should think fit to
continue the Squadron in these parts, proper measures may be
fallen upon at home to have them supplied with seamen ; for
this country I am afraid will not be able to do it any longer.
Signed, J. Ayscough. Endorsed, Rd. 17th April. Ij pp.
[C.O. 137, 46. No. 50 ; and (endorsed, R. 7th July,) 137, 52.
ff. 320, 320v., 32lv.]
Feb. 13. 434. Duke of Newcastle to the Council of Trade and
Whitehall. Plantations. H.M. having been pleased to appoint William
Gooch Esq. to be Lt. Goverrror of Virginia etc., I must desire
your Lordps. will prepare a draught of such Instructions as may
be proper for him ; or if you think it will be sufficient that
he should take with him copys from the books in my office,
of the Commission and Instructions which were given to the
Earl of Orkney as Governor of that Colony, which seems more
agreable to the tenour of his Commission, you will please to
give me your opinion in what manner those copys should be
made so authentick as to justify his putting in execution the
directions therein contained. Signed, Holies Newcastle.
Endorsed, Reed. 14th, Read 15th Feb., 172J. 1 p. [C.O. 5,
1320. ff. 109, HOt;.]
Feb. 14. 435. Duke of Newcastle to the Council of Trade and
Whitehall. Plantations. Commission and Instructions are to be prepared
for Robert Hunter, appointed Governor of Jamaica etc. Signed,
Holies Newcastle. Endorsed, Reed. 14th Feb., Read 3rd March,
1725. i p. [C.O. 137, 16. j7. 337-338i;.]
AMERICA AND WEST INDIES.
217
1727.
Feb. 14.
Whitehall.
436. Mr. Popple to Mr. Fane. I send you here inclosed
the draught of a bond, as prepared by Sir E. Northey, Attorney
General, in 1702, to be enter'd into by Deputy Governors of
Proprietary Plantations, for observing the Acts of Trade and
Navigation, and the Instructions which were or should be
given them from the Crown ; But an objection being made att
H.M. Remembrancer's Office, to the like draught which was
transmited to the Treasury the 25th March last for Depty.
Govr. Gordon, that instead of the word successoribus, in the
said drat., the Act of 33 Hen. VIII. ch. 39 directs the word
executoribus to be used in all obligations concerning the King's
Majesty. My Lords Commrs. desire your opinion there-upon
as soon as possibly maj/ be. [C.0. 5, 1293. p. 405.]
Feb. 15. 437. H.M. Commission appointing Robert Hunter Captain
St. James's. o f an Independent Company at Jamaica. Countersigned, Holies
Newcastle. [C.0. 324, 35. p. 331.]
Feb. 15. 438. President Ayscough to the Duke of Newcastle. Refers
Jamaica, to letter of 10th Feb. and enclosure. Continues : I heartily
wish my power were equal to my inclinations to serve H.M. in
the Admiral's demands, and I am satisfied he will do me the
justice in acquainting your Grace that I have done everything
in my power consistent with the duty of my station for this
important service ; but as I told your Grace, there are a sett
of men here who endeavour to frustrate, and raise groundless
clamours against, all measures taken for the King's service in
manning the Admiral's Squadron, pretending that no power
can warrant it.* I have used my authority hitherto with all
the lenity and tenderness imaginable and have taken all
possible care that the men already impressed have been only
seamen and not inhabitants, but even for this I am threatned
with complaints and representations from the Assembly and
merchants, but as nothing has been done but what tends to
H.M. immediate service I trust in his goodness in putting a
favourable construction upon the measures I have hitherto
taken for that end. Most of the elections for our new Assembly
which is to meet the 1st of March, are over, and I find them
pretty much of the same stamp with the former so that little
good is to be expected from them : The Government here is
in a most distressed condition ; We are without laws, the
Revenue anticipated, the fortification fund exhausted, the
subsistence for the soldiers expires tomorrow, and not a farthing
of money in the Treasury but greatly in debt : My sallary is
only 1250 p. annum, the perquisits are not worth mentioning ;
so that from the scarcity and dearness of living to what it was
formerly in this country, the King's Representative is reduced
to many inconveniencies ; I can with truth assure your Grace
that I am obliged out of my own private fortune to lend a
218 COLONIAL PAPERS.
1727.
considerable assistance to support the character I have the
honour to bear : I should not have presumed to mention this
to your Grace were I not confident in H.M. great goodness
that he does not desire his faithful servants to be sufferers in
his service ; Had I parted with his Instructions or given way
to the unreasonable desires of the Assembly, perhaps they
might have rewarded me as they did my predecessor ; But
there is nothing in their power shall ever sway with me to
part from H.M. just commands ; there is a late instance that
Mr. Heywood, who was President of the Council and succeeded
My Lord Hamilton in the Government, had allowed him the
full sallary of 2500 p. annum : Tis true he had the title of
Captn. General, but his powers were restrained and limited
rather more than mine, and I am fully persuaded his services
to the Crown did not merit more favour than mine have done
etc. Prays for his Grace's favour, if Mr. Mellmoth, his Agent,
presents a memorial in this sense, etc. Signed, J. Ayscough.
Endorsed, R. 17th April. 3 pp. Enclosed,
438. i. Minute of Council of Jamaica, llth Feb., 1727.
Upon consideration of Admiral Hosier's letter, the
Board declare that they have done everything in their
power, and are ready to do more, if he will point out
what is feasible ; but they cannot dispeople the
country by sending inhabitants to man H.M. ships.
Upon a former representation of the ill effects that
might attend impressing men out of vessels coming
from the Northern Colonies he had assured them it
should not be continued ; but during his absence,
it had been practised upon all vessels except those
coming from New York, which may lead to a dearth
of provisions, should people trading from those parts
be thus discouraged etc. Copy. Ij pp. [C.O. 137,
52. ff. 322-324*;.]
Feb. 15. 439. Mr. Popple to Mr. Fane. Encloses copy of Lt.
Whitehall. Governor Gooch's Commission (23rd Jan.). Continues : You
will observe that he is authoriz'd and required to execute all
the powers and authorities contain'd in the King's Commission
and Instructions to the Governor, Lord Orkney. I am there-
fore to desire your opinion whether copies of the Lord Orkney's
Instructions may be made so authentick, as to Justine his
putting in execution the directions therein contain'd, and if
it may be done, in what manner. [C.O. 5, 1365. pp. 309,
310.]
Feb. 15 440. Order of Committee of Privy Council. Upon report
Whitehall, of Nov. 10th last, direct the Council of Trade and Plantations
to prepare a scheme for establishing a form of Civil Government
in Nova Scotia, and at the same time to propose, what
AMERICA AND WEST INDIES. 219
1727.
encouragement they may think proper for the better peopling
of that Province, and for the preservation of the woods, which
are so necessary for the service of the Royal Navy, with what
else they shall think proper to offer etc. Signed, Temple
Stanyan. Endorsed, Reed. 21st Feb., Read 26th April, 172f.
[C.O. 217, 4. ff. 324-325t;.]
Feb. 15. 441 . Governor Hart to the Council of Trade and Planta-
Chrisfo* hers ^ ons - Encloses duplicate of 30th Nov. Continues : But I
have not been able, from the distance of these Islands, to obtain
duplicates of the papers mention'd therein. I have wrote
several letters to Mr. Dunbar, Surveyor General of H.M.
Customs, to transmit me a list of all the negroes imported
from Dec. 1721 etc., but as yet I have receiv'd only the lists
from Antegoa and St. Christophers, enclosed. Those of Nevis
and Montserrat I expect every day to receive etc. Your Lord-
ships may please to observe that tho' 5600 negroes are a
prodigious number to be imported into so small an Island as
this of Saint Christophers in five years past : yet from 1721
to 1723 there has been at least 1,000 negroes more imported
from St. Eustatia, etc. But as the negroes so imported from
the Dutch pays no custom here ; and as the purchasers
used to bring them in at their pleasure, there can be no certain
computation made of the number ; it not being enter'd in the
Collector of the Customs book. But there is now a full stop
put to that trade from this Island with the Dutch at St. Eustatia.
For St. Christophers has. been fully supply'd with negroes, by
the British traders, from Affrica for three years past at a
cheaper rate than they can buy them from the Dutch ; and
indeed this small Island is now so well stockt with negroes,
that it will want very few more to cultivate the land. What
negroes are now imported by the Dutch West India Company
to St. Eustatia, are sold to the French at Martinique and
Guardeloupe, who send their sloops to that Island loaden with
sugars to purchase them, and which from thence is transported
to Holland in the Company's ships. But our British traders
to Affrica have found a way to rival the Dutch in this article
of the negroe trade with the French Islands mention'd. For
as the Island of St. Lucia (since the attempt of the Duke of
Montague to settle it) is look'd upon as a nuteral place ; the
British ships go into a harbour there called the Petit Carnage,
where they sell their slaves for money or sugar : This place
having the advantage of St. Eustatia, being within a few hours
sail of Martinique. If they sell for money they generally resort
to these Islands to purchase sugars for Great Britain : But
if they dispose for sugars, then they carry them for Ireland
directly. It is humbly submitted to your Lordships superiour
judgment, whether this be not very detrimental to H.M.
Revenue ; and whether it is not very prejudicial to the fair
220 COLONIAL PAPERS.
1727.
traders of Great Britain who conform to the Acts of Trade,
especially those of Bristoll and Liverpool, great part of their sugar
and rum being sent to Ireland where they are outsold by those
who trade clandestinely from St. Lucia. Being oblig'd to enter
their ships in Great Britain makes a great difference both in
the hazard of the voyage, and in the charge of their ships.
Encloses his Speech of 17th Dec. 1726 to the Council and
Assembly of St. Christophers with their Addresses thereupon
by this ship, being the first that sail'd for London since that
time. Continues : Your Lordships may please to observe
in them a short state of the Island, and the happy disposition
of the inhabitants : and as I explained myself fully to them
in what I deliver'd, they have answered me clearly and
particularly to every point I pray your Lordships perusal of
them etc. I shall only beg leave to explain what I mean by
such of the inhabitants who ought to be liable to the duty
commonly call'd the Four and a half pr. cent, who hold by
donation from the Crown. Refers to H.M. grants of the late
French lands to some French Protestants who had possessed
them under the French dominion. Continues : The duty of
4 J p.c. on all commodity of the growth of this Island exported :
arrises to H.M. by a law of the Island which was made before
the late war with France, and consequently affected only the
English part thereof ; tho' the duty has been constantly paid
by all the inhabitants who possess any land in the late French
quarters of it. But since H.M. has been pleas'd to dispose of
these lands, there is a proviso in the contracts made by the
Commissioners with the purchasers, that they shall pay the
4| p.c. duty. Notwithstanding which contract I thought it
more advisable, for the security of the payment of that duty,
and to avoid all contest upon the manner of paying it, to have
it enacted into a law : I hope your Lordships will think it
highly reasonable (that as the persons who purchase from H.M.
at the highest rate that ever any land was sold for in the West
Indies so readily come into the payment of this duty, as your
Lordships may please to observe in the Address of the Assembly)
that the aforementioned French Protestants who hold by
donation from the Crown should be liable to the same duty,
there being no obligation for them to pay it by their patents
etc. Antegoa and Nevis are very much afflicted with dry
weather, and will make but very small crops this year. The
Royal George (v. 30th Nov. 1726) upon a survey made by two
of the Captains of H.M. ships of war assisted by several other
able masters of ships have reported her unfit for the sea, and
accordingly has been condemn 'd by a Court of Admiralty.
In the mean time Mr. Bomsted, the Cheif Factor is hireing
ships to carry off the bulk of the cargoe : but as for the specie
of gold and silver, which I am credibly inform'd amounts to
a million of money sterling, will remain at Antegoa untill ships
AMERICA AND WEST INDIES. 221
1727.
are order'd from England to carry it home, which may be
expected every day : For I acquainted Sir John Eyles Deputy
Governour of South Sea Company with the Royal George's
arrival and condition at Antegoa three weeks before Mr.
Bomsted cou'd possibly have an opportunity of doing it.
P.S. This goes in the ship Thomas, James Tobin Master.
Signed, Jo. Hart. Endorsed, Reed. 15th, Read 19th May, 1727.
4f pp. Enclosed,
441. i. Speech of Governor Hart to the Council and Assembly
of St. Kitts, 17th Dec. 1726. Recommends renewal
of Militia Act and congratulates them that, whilst the
publick is fully supplied, the Island is clear of debt,
" a happyness perhaps peculiar to St. Christophers."
Recommends law relating to 4j p.c. as in preceding.
The late French lands make one half of the Island
and the purchasers of them should have due repre-
sentation in the Assembly etc. Signed, Jo. Hart.
Endorsed, Reed. 15th May, 1727. Copy. 2 pp.
441. ii. Address of the Council of St. Kitts to H.E.Basseterre.
29th Dec. 1726. Return thanks for above Speech
and congratulate themselves on H.E.'s prudent
administration. " No division of Councils, no heats
or misunderstandings have ever happned between
the two Houses since your accession." Will enact
the laws recommended etc. Endorsed as No. i.
9 Signatures. Copy. 1 \ pp.
441. iii. Address of the Assembly of St. Kitts to H.E. Reply
to No. i, in same tone as preceding. 17th Dec., 1726.
Signed, J. Spooner, Speaker. Endorsed, as No. i.
441. iv. Account of negro slaves imported into St. Kitts,
20th Dec., 1721 25th Dec., 1726. Total, 5,600.
Imported by 33 ships belonging to Separate Traders
and one to the African Co. Endorsed as No. i. 1
large folded p.
441. v. Account of negro slaves imported into Antigua,
20th Dec., 1721 25th Dec., 1726. Total, 4,633.
Imported by 31 ships belonging to Separate Traders
and one to the African Co. Endorsed as No. i. 1
large folded p. [C.O. 152, 15. ff. 322v.-324>v., 325v.-
328*;., 329t;., 330v., 33lv., 332-333t;.]
Feb 18. 442. Mr - Fane to tne Council of Trade and Plantations.
Reply to Feb. 14. The Act of 33 Hen. VIII expressly directs
the word executoribus to be used in all obligations to the King
etc. Signed, Fran. Fane. Endorsed, Reed. 20th, Read 24th
Feb., 172f. li pp. [C.O. 5, 1266. ff. 225, 225v., 226v.]
Feb. 20. 443. H.M. Warrant to Attorney and Solicitor General to
St. James's, prepare a bill appointing John Blenman Attorney General of
222
COLONIAL PAPERS.
1727.
Barbados with a clause obliging him to actual residence, etc.
Countersigned, Holies Newcastle. Copy. [C.O. 324, 35. pp.
314, 315.]
Feb. 20. 444. Similar warrant for appointing Alexander Henderson
st. James's. Attorney General of Jamaica and revoking the patent of
William Monk. Countersigned, Holies Newcastle. Copy. [C.O.
324, 35. pp. 315, 316.]
[Feb. 21]. 445. Col. Spotswood to the Council of Trade and
Plantations. Replies to Queries relating to his lands in Virginia.
Endorsed, Reed. 21st, Read 28th Feb. 172. 3| pp. [C.O.
5, 1320. ff. 112-113t;., 1140.]
Feb. 22.
Whitehall.
Feb. 22.
Whitehall.
[Feb. 22].
Feb. 23.
Feb. 24.
Treasury
Chambers.
446. Council of Trade and Plantations to the Lords
Commissioners of the Treasury. One of the partition walls
of our Office being in a very ruinous condition, we applyed to
the Board of Works to have it rebuilt. They have survey'd
it, and finding it to be in imediate danger have for present
security shoar'd it up. But as the Board of Works are doubt-
full whether this Office falls properly under their care, we
must desire your Lordships will please to give the proper
directions upon this occasion. [C.O. 389, 37. pp. 271, 272.]
447. Duke of Newcastle to Governor Worsley. I give
you the trouble of this in behalf of Edward Olds of Barbados,
who has had a suit of Chancery depending several years between
him and Jacob and John Mills of the said Island for a sum of
money which he claims in right of his wife. He complains that
in the prosecution of this affair he has met with many
unnecessary delays from Mills, and therefore prays that it
may be brought to a speedy determination. Signed, Holies
Newcastle. [C.O. 324, 35. pp. 312, 313.]
448. Proceedings of Court of Chancery, Barbados, 3rd
Aug., 1726 22nd Feb., 1727. 20 pp. [C.O. 33, 27. No. 8.]
449. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 12 Acts of New York, 1726, enumerated. [C.O.
5, 1124. pp. 401-403.]
450. Mr. Scrope to Mr. Popple. The Lords Commissioners
of H.M. Treasury being apprized of the ruinous state of the
King's woods in New England and other parts of America,
and that the laws which have hitherto been made for preventing
the same, have been evaded and rendered in a manner useless
and ineffectual ; so that in their Lordps. opinion, unless some
further provision be made by Parliament, the King's woods
in those parts will be utterly destroyed, and a fatal loss fall
AMERICA AND WEST INDIES. 223
1727.
on this Kingdom by means thereof. Therefore encloses following
for the consideration of the Lords Commissioners for Trade, and
if a remedy be not to be had otherwise than by a new law,
their Lordps. will please to prepare a draught of such a law
etc., " wch. my Lords may be assured shall have the best
assistance my Lords can give in obtaining the passing thereof
in Parliament." Signed, J. Scrope. Endorsed, Reed. 1st,
Read 2nd March, 172 f. 1 p. Enclosed,
450. i. A State of H.M. Woods in America with some
proposals for their more effectual preservation etc.
Proposes that the law with regard to trees in town-
ships be explained and enforced etc., and exports of
timber to foreign parts prohibited. Copy. 4 pp.
450. ii. Ralph Gulston. London, 24th Jan., 172$ to [the
Lords Commissioners of the Treasury}. In Sept. last
I represented the advice I had then reed, from my
Agent in New England relating to the ruinous state
of the King's woods, and the indispensable necessity
there was of securing my workmen from the Indians
with a guard whilst they were employ'd in providing
and loading the masts I have contracted to furnish
for the service of the Navy. My Agent since advises
me that he has already felt the ill effects of the late
destruction of the King's woods, insomuch that
altho' the last contractor supply'd a great part of
the demands of the Royal Navy from the river of
Piscataqua, my Agent has now been obliged at a
great expence and trouble to send above 100 miles
further along the coast, where my men were at work
a great way up in the woods, but they were greatly
interrupted and annoy'd by the Indians, who had
surprized and carried of some people in those parts.
Upon this my Agent made application to the Governor
and Council of Boston for a guard of 20 men, but did
not find them so ready as the occasion required etc.
After much sollicitation they ordered a guard of ten
men only and even those with condition that they
should be subsisted at my cost etc. As there is not
in England any merchant ship of sufficient length to
bring the largest masts, I have one now actually
building in New England purposely for that end.
Begs that pressing orders be sent to New England that
his workmen and ship may be protected by a guard
of 20 men, and that the said charge for subsistence be
refunded etc. My Agent confirms that many
thousands of pine-trees fit for masts of very large
dimensions have been lately destroy'd and cut into
boards, and that unless some speedy and effectual care
be taken, all the King's woods must be destroy'd in a
224 COLONIAL PAPERS.
1727.
few years etc., and proposes that those Governments
be restricted in the making of new townships, the
inhabitants, to evade the penalties of the new Act
for preservation of white pine trees, having laid out
several new townships of very large and unreasonable
extent though in some of them there are not above
two or three families respectively settled. This has
been chiefly practised in New Hampshire. Copy.
3f pp. [C.O. 5, 869. ff. 363, 364-365^., 368-369*;.,
Feb. 25. 451. Mr. Pelham, Secretary of War, to the Council of
Whitehall. Trade and Plantations. " I have layd the enclosed complaint
before H.M. and received H.M. commands to transmit a copy
to your Lordships, " for your enquiry and report etc. Signed,
H. Pelham. Endorsed, Reed. 25th Feb., Read 15th March,
1720. 2 pp. Enclosed,
451. i. Petition of Merchants, Commanders of ships and
others of Barnstaple and Bideford trading to New-
foundland to [the King]. Complain of the arbitrary
and unjust dealings of Governor Gledhill, who for
several years has made great encroachments on their
liberties and properties at Placentia. " He hath
seized on all the best places for the washing and
curing of fish for his own use and to hire out, being
several large tracts of land in Great and Little Placentia
and the places adjacent, enough for the use of 16
ships or 100 boats rooms etc. All this he claims
under a vain pretence of patents granted him by our
Captains of men of war and from the late French
possessors. And though the first year our ships
fished there we enjoyed our rooms for the curing of
fish free from all demands (as is our undoubted right
as Englishmen confirmed by an Act of Parliamt.)
we only made the Governmt. a present. But now
he demands and exacts of us 15 for 6 boats rooms,
and those who will not comply with this unjustifiable
demand, run ye risque of spoiling their fish and
loosing their shalloways on which our voyages depend,
for there is no safe and convenient place left in
Placentia, but what he claims as his own, his son's
or his daughters on the aforesaid pretences " etc.
He endeavours by all means to engross and monopolise
all sorts of commodities to himself and advanceth ye
price double on those things which are most wanted
and useful for the Fishery ; and those who know
him and are affraid to deal with him, he often insults,
abuses and imprisons them and threatens to spoil
their markets till he gets their goods into his hands,
AMERICA AND WEST INDIES. 225
1727.
then breaks his agreemt. wth. them, pays them less
than bargain'd for, and that in bad fish, at a higher
rate than the price currt., or in bad bills on persons
in England who owe him nothing, and at the return
of the year, when said bills go back protested, he will
not allow interest or charges of protest as is the custom
of merchts., but hath torn the protest in pieces and
thrown it away, and we are forct at last to take his
fish at his own price. He takes the same unjust way
in selling his merchandizes, as in buying, breaking
his agreemt. when 'tis for his advantage, having the
law in his own hands. He also discourages all sub-
stantial, sober planters and others from settling there
by his arbitrary dealings and encourages none but
those who will be his vassals, who generally keep
publick disorderly houses, to the debauching and
empoverishing of our fishermen, etc. and he obliges
said houses to take his liquour and on his own terms,
and if we deal with those people 'tis much ye same
as if we dealt wt. the Governour himself, for they
transfer their debts for him to pay, who takes up
their effects, and is the general Banker of the town.
And whereas we are annually at great charges in
building stages and houses, wch. by an Act of Parlia-
ment ought to be preserved for the conveniency and
encouragement of the early ships the succeeding
year ; he as soon as the said ships are gone encourages
his garrison and others to demolish said stages and
houses, for the sake of the timber and iron works, bf
which great quantaties are yearly sold to ourselves
and New Englandmen, which are taken from them
etc., for he hath demolished most of the best houses
of the town. We are in hopes that some former
petitions against him by particular sufferers wou'd
have reform'd or remov'd him, but since they had
not their desir'd effect, we are constrain'd humbly
to beg yr. Honours' consideration of this petition.
The truth of the foregoing charges we prove by the
annexed affidavits of the masters of our ships. 36
signatures. 1 large p.
451. ii. Deposition of Commanders of ships that the above
charges are to their knowledge true. Feb. 15, 1726(7).
15 signatures. J p. [C.O. 194, 8. ff. 23-24, 25,
Feb. 27. 452. H.M. Warrant appointing Francis Jones to the
st. James's. Council of Bermuda, in place of Henry Tucker, deed. Counter-
signed, Holies Newcastle. Copy. [C.O. 324, 35. p. 327].
C.P. XXXV 15
226
COLONIAL PAPERS.
1727.
Feb. 28.
St. James's.
Feb. 28.
Whitehall.
453. H.M. Warrant appointing John Butterfield to the
Council of Bermuda in place of Samuel Raynes, deed. Counter-
signed, Holies Newcastle. Copy. [C.O. 324, 35. p. 328.]
454. Mr. Popple to Lt. General Mathew. Encloses, for
his answer as soon as possible, the Address from the Assembly
of St. Kitts, referred to the Board by H.M. , " praying that you
may render an account of a sum given to you by act of Assembly
to build a fortification " etc. [C.O. 153, 14. pp. 230, 231.]
March 2.
Whitehall.
March 1. 455. Mr. Fane to the Council of Trade and Plantations.
Reply to 15th Feb. A copy of Lord Orkney's Instructions
attested by the proper officer will suffice etc. Signed, Fran.
Fane. Endorsed, Reed. 1st, Read 2nd March, 172 f f. 1 p.
[C.O. 5, 1320. ff. 115, 1160.]
456. Council of Trade and Plantations to Governor Burnet.
Acknowledge letter of 19th Dec. Continue : We observe that
you desire us to apply to H.M. for orders to you in relation to
the gold and silver mines in New Jersey, that you may encourage
the undertakers to make a discovery on such terms as H.M.
shall think fit to grant them ; wherefore if you will transmit
to us, any proposals for working the said mines, we will lay
them before the Lords of the Treasury, but till that be done,
we do not think ourselves fully enabled to move H.M. upon
this head. We have consider'd the two certificates from the
merchants of New York, and Perth Amboy, that the credit of
. the paper bills is considerably advanc'd, as also what you
write in relation to the encrease of their value, since the
alteration you made in applying part of the interest money
arising upon the loan of the 40,000 in bills of credit, made
current by the Act passed in 1723 ; but we cannot finde any
reason for altering our former opinion with respect to the
said bills ; the rise of which we are more inclin'd to think, is
owing to the stop put to the further application of the sinking
fund, than to any other reason whatsoever, and therefore we
desire, you will be cautious how you pass any act for applying
the said sinking fund, till all the bills created by the Act of
1723 are sunk, and this we conceive to be the only means of
keeping your paper currency in any credit. We have recom-
mended, as you desir'd Mr. Cornelius van Horn to be a Councillor
in New Jersey etc. [C.O. 5, 996. pp. 145-147.]
March 2. 457. Mr. Popple to Mr. Scrope. Encloses draught of bond
Whitehall, in 2000 for Depty. Governor Calvert, that the said security
may be taken at the Treasury etc. Annexed,
457. i. Draft of bond referred to in preceding. [C.O. 5,
1293. pp. 406-415.]
AMERICA AND WEST INDIES.
227
1727.
March 2.
Whitehall.
458. Mr. Popple to Governor Burnet. Acknowledges letter
and enclosure. Their Lordships expect the Acts for the future
to be carefully abstracted in the margins. You are to require
an account of fines and forfeitures from the Sheriffs etc. Hopes
he will soon receive directions upon the Fort at Niagara in
pursuance of the Board's letter of Jan. 11, etc. Set out, N.Y.
Col. Docs. V. pp. 815, 816. [C.O. 5, 1124. pp. 404, 405.]
March 3. 459. Mr. Leheup to Mr. Popple. Presses for reports on
Act of New York, for the more easy partition of lands and of
Virginia for laying a duty on liquors imported etc. Encloses
memorial about an Act intended to be passed at New York.
Signed, Peter Leheup. Endorsed, Reed. 4th, Read 10th March,
172? . 1 p. Enclosed,
459. i. Mr. Carter to Mr. Leheup. Rappa. Jan. 5, 1722.
Acknowledges letters etc. Continues : It will be very
greatfull to the country to have the liquor law obtain
the royal assent. It is the only expedient we have
left to answer the charges of the Govermt. by. I
was always doubtfull the representation about the
case between Randolph and Perry (v. July 10, 12,
1726), would hardly meet with a favourable reception
etc. In confidence it may be observ'd, if ye merchants
can worry us out of our estates by loading us with
interest upon interest we shall be in a bad condition.
The best remedy will be not to get into their debts.
Signed, Robert Carter. Addressed. Ij pp. [C.O.
5, 1320. ff. 117, 118, llSv., 120w.]
March 3. 460. Mr. Popple to Mr. Fane. Refers to letter of 21st
Whitehall. June last, and requests his opinion, on Tuesday next, upon
enclosed. Annexed,
460. i. Draft of Act for the better and more effectual preservation
of H.M. Woods in America. [C.O. 5, 916. pp. 1-5.]
[Mar. 4.] 461 . Mr. Leheup to the Council of Trade and Plantations.
Encloses draft of an Act of New York for amending the practice
of the law and to regulate the giving of special bail etc., with request
as directed, No. ii. Endorsed, Reed., Read 4th March, 1727.
1 p. Enclosed,
461. i. Draft of Act referred to in preceding. Endorsed,
Sent to Mr. Fane, 10th March, Reed, back 28th
Sept., 1727. 2 pp.
461. ii. Extract from letter from Adolph Philipse, Speaker of
the Assembly at New York to Mr. Leheup, Dec. 4th,
1726. The Assembly desire you will apprize the
Board of Trade of the reasonableness of enclosed Act
and to assure them that H.M. good subjects are very
desirous it should pass into a law, and to request
228 COLONIAL PAPERS.
1727.
that they will signify to the Governour that they
have no objection to the Act being past whether
with or without the clause made thereto by the Council.
In the House it passed nemine contradicente, and the
Council made no amendments but added a clause
that it should not be of force untill H.M. had approved
of it etc. The majority of the House being appre-
hensive that if this proviso was agreed to, it might
be made use of as a precedent, and that in consequence
every law for the benefit of the subject must have
that restriction, and none pass without it but such
as lay taxes and impositions upon them ; whereas
it is the undoubted prerogative of H.M. at any time
to approve or disapprove any law made here, it was
therefore agreed rather to let it lye by, than enter
in a dispute with the Council about that clause, etc.
For the first part of the Act, which is to prevent the
removall of actions not exceeding 20 from the
inferiour Courts to any higher Judicature, we have
severall laws of long standing to the same purpose :
but no penalty being annexed thereto, people have
been arrested in the Supream Court for trivial sums,
some of which have rather chose to pay the same
(tho' the debt was disputable) than subject themselves
to the high fees and charges of that Court : and
others who came immediately to discharge the debt,
found the fees and charges amounted to more than
double the debt itself. This part of the law has no
other view than to prevent these grievous abuses etc:
The second part relating to the giving special bail
in the remote counties seems to square with an Act
passed in the fourth year of William and Mary etc.
Copy. 2J pp. [C.O. 5, 1054. ff. 148, 148t;., 149y.,
150, 151U.-153.]
March 4. 462. Major General Hunter to Mr. Popple. Encloses
London. following. Signed, Ro. Hunter. Endorsed, Reed. 4th, Read
7th March, 172-2-. Holograph. 1 p. Enclosed,
462. i. Queries upon former Instructions of Governors of
Jamaica, (a) Instr. 15. Things having no proper
relation to each other are not to be intermixed in one
and the same Act etc. Quere, whether this does not
justify the Assembly's refusing to make the additional
subsistance for the soldiers part of a bill for estab-
lishing a perpetual Revenue ? (b) Instr. 31 limiting
the making of grants to the Governor to within a year
of his arrival etc. Quere, whether the Assembly may
be more proper judges of their Governor's expences
and merits in his second year ? Instr. 45. Quere,
AMERICA AND WEST INDIES.
229
1727.
whether an Additional Subsistance established by
temporary Acts be not an exact compliance with this
Instruction, seeing the necessity is supposed not to
be perpetual (but, " till the Island be better peopled ").
Instr. 46. Being already complied with may be left
out, Instr. 65. Quere, The Bishop of London's
Ecclesiastical Jurisdiction being now established by
patent. Quere, whether Governors are any longer
judges of the conveniency of the execution of the
powers so granted and how far they are obliged to
give civil sanction to the penal mulcts or excom-
munications of the Commissaries impowered by him
for that purpose ? Instr. 75. There being now an
appearance of war, that copies of Commissions and
Instructions be given me for private ships of war.
Instr. 94. Quere, Captains of the King's ships having
special Commissions in this matter from the Board
of Admiralty, whether it may not be expedient to
have it cleared up, to prevent disputes which have
frequently happened. Quere, whether it may not be
expedient to leave the sum granted to an Agent ior
negociating their affairs here to the discretion of the
Assembly. 1 p. [C.O. 137, 16. ff. 339,340, 842i>.]
March 4. 463. H.M. Commission appointing Alexander Cosby Lt.
st. James's. Governor of the Garrison of Annapolis Royal. Countersigned,
Holies Newcastle. Copy. [C.O. 324, 35. pp. 316, 317.]
March 5.
st.
Christophers.
464. Governor Hart to the Council of Trade and Plantations.
Refers to letter of 15th Feb. Will send duplicates of papers
enclosed by the next opportunity. Continues : Two Spanish
sloops wearing Spanish colours arriv'd on Sunday the 12th of
February past about ten of the clock in the morning at Lime
Tree Bay in the Island of Sta. Crux within my Government,
and took, plunder'd and carried away with them the several
vessels hereunder mention'd (vizt.) the Alida sloop of New
York, Eagle sloop of Amboy, Charles sloop of Nevis, Loyal
Hart sloop of St. Christophers, Mart/gold sloop of Barbados,
Endeavour of Antegoa, brigantine. The Mary and Rebecca
of St. Christophers, a sloop of about 65 tons Michael Rann
Master was taken on the high seas, and plunder'd, but after-
wards made her escape. Refers to depositions enclosed. Con-
tinues : The capture of the vessels belonging to H.M. subjects
and detaining them prisoners by virtue of a Commission dated
23rd of January last given by the Governor and General of
St. Domingo in the Island of Hispaniola, (v. encl. No. i), is
in my humble opinion a commencing war on H.M. ; Whereas
I have no signification from the Right Honourable the Secretary
of State, nor your Lordships, that H.M. has been pleas'd to
230 COLONIAL PAPERS.
1727.
declare a war with the Crown of Spain, nor of that Crowns
declaring the same with Great Britain : and as I am restrain'd
by my Instructions from making any reprisals on the subjects
of a Foreign Prince, without H.M. special licence thereto, it is
a lamentable spectacle to see so many poor familys undone,
without having it [in] my power to redress them. Whilst I
was advising with the Council what methods to take to reclaim
these vessels by my letters sent express to the Governor
of St. Domingo, no war being yet proclaim'd with Spain, I
receiv'd advice from Mr. Byam Lt. Governor of Antegoa,
that on 10th Feb. there came from Barbuda the Master of
a Spanish ship about 125 tons, and 50 men and boys,
bound for the Canaries, who gave him the following account.
That his ship sprang a leake, and that they were in great danger
at sea, having six foot water in the hold ; and that they made
for the island of Barbuda, and there run their ship on ground,
and got vessels from Antegoa to unload her : and that her
cargoe is put into the Custom there, which consists cheifly of
coco and tobacco wth. several peices of eight from La Guiara.
This ship came in company from the Havana with Admiral
Castinetto, and his four men of war, and also two Admirals
with him, with two frigats more, making up in all eight, who
sail'd for Spain the 25th of the last month N.S. with the
Flota under their care, which is said to have sixteen million
of peices of eight on board them. The master of the Spanish
ship abovementioned lost at Barbuda reports that soon after
Admiral Hosier arrived at the Bastimentos before Porto Bello
the galleons in that harbour were unloaden, and the treasure
on board them was carried by land to Carthagena, and several
other ports in the Spanish Dominions, and from thence convey'd
in small vessels to the Havana, were they made up the above
flota, with intention to sail for Cadiz in Old Spain. Sends this
information by the first ship that has sailed etc. Continues :
By the advice of the Council of St. Christophers, I wrote to
Governor Byam to summon the Council of Antegoa, to have
their opinions whether the effects belonging to the Spanish
ship lost at Barbuda might not be detain'd until, at least, the
return of the vessel that I shall send express to the Governor
of St. Domingo, to reclaim the vessels aforesaid etc. I shall
send this express this day, in my opinion no time being to be
lost, least the Spaniards shou'd have notice of a war being
declared, as it is rumour'd here by a vessel touch'd from
Barbados. With this express goes a Spanish Preist, who
was a passenger in the Spanish ship lately lost at Barbuda,
who had effects to a considerable value on board the said
vessel, and has promised to use his utmost endeavours with
the Governour of St. Domingo to restore the vessels, and all
that belong to them etc. And in case he succeeds I have
promised him, the war being not yet declared to restore him to
AMERICA AND WEST INDIES. 231
1727.
all the Spanish effects sav'd out of the ship lost at Barbuda.
Refers to his description of Sta. Crux, C. S. P. 1724, July 12th.
Continues : Since that time many of the inhabitants of the
Leeward Islands, labouring men, and the poorer sort, resort
thither to cut wood, but cheifly fustick and lignum vitae. The
number of these wood-cutters is computed at about 150, and a
good labourer will earn from 8 to 10 shillings a day. To supply
these people with necessarys, and to purchase their wood, was
the occasion of so many vessels being at Sta. Crux, at the time
they were taken by the Spaniards. The wood-cutters above-
mentioned goe to that Island at their own risque, having no
grants for land from me or any of my predecessors, nor regular
plantations theiron. But live in hutts, and move from place
to place for their conveniency of wood cutting. However your
Lordships may please to make some estimate of what value
that Island is to H.M. subjects at present, and how much more
capable it is of being improved etc. Signed, Jo. Hart. En-
dorsed, Reed. 15th, Read 19th May, 1727. 5 pp. Enclosed,
464. i. Deposition of Samuel Mitchell, late Master of the
sloop Loyall Hart. St. Kitts, 23rd Feb., 1727.
Describes taking of sloops at Sta. Crux as above.
Concludes: Next day the Mary and Rebecca came
back ; having escaped in the night. Deponent heard
there was a paper found on board her wrote in Spanish
supposed to have been designedly put there by the
Captains orders from (? -for] them to find, the English
whereof I have heard is, I say John De Messa Captn.
of the sloop Conception by virtue of a Commission
given me by Sir Dn. Fransicco La Rocha Ferrer
Governor and General of the Island of St. Domingo,
dated 23rd July last that my orders John Joseph
Anes with his sloop is to follow etc. Signed, Saml.
Mitchell. Endorsed, Reed. 15th May, 1727. Ij pp.
464. ii. Deposition of Francis Hamm of St. Kitts, passenger
on board the Mary and Rebecca. Confirms first part
of preceding. Signed, Fran. Hamm. Dated and
endorsed as preceding. 1 p.
464. iii. Deposition of Michael Rann, Master of the sloop
Mary and Rebecca. As preceding. Signed, Michell
Rann. Dated and endorsed as preceding. 2j pp.
464. iv. Deposition of Richard Bardin, late Master of the
sloop Marigold of Barbados. As No. i. 22nd Oct.,
1727. Signed, R. Bardin. Endorsed as preceding.
l%pp.
464. v. Deposition of George Fraser, late Master of the sloop
Eagle of Amboy. As No. i. 23rd Feb., 1727. Signed,
Geo. Fraser. Same endorsement. Ij pp. [C.O. 152,
15. ff. 334-336, 337*;., 338, 339-340, 341-542, 343-
., 345i;., 346, 347, 347i>.,
232
COLONIAL PAPERS.
1727.
March 7.
465. A Draft of an Act for the better and more effectual
preservation of H.M. Woods in America. Approved by Mr.
Fane. Endorsed, Reed. 7th, Read 14th March, 172?. 8J pp.
[C.O. 5, 869. ff. 371-375, 376u.]
March 7.
Whitehall.
466. Mr. Popple to Lord Archibald Hamilton. With a
view to Brigr. Hunter's Instructions, enquires whether the
debt due to him for subsisting the two Companies at Jamaica
is discharged. [C.O. 138, 17. p. 111.]
March 7.
Whitehall.
467. Mr. Popple to Mr. Carkesse. My Lords Commissioners
observing ye many alterations that have become necessary to
be made in the Instructions given to H.M. Governors, since
those prepared for Sir N. Lawes (v. 3rd July, 1717), send you
the inclosed draft in columns, prepared for Mr. Calvert, Deputy
Governor of Maryland, for the opinion of the Commissioners
of Customs thereupon as soon as may be etc. Pursuant to your
letter of 31st July, 1717, an Article has been added to the In-
structions of Governors of Plantations immediately depending
on the Crown, for the exemption of Custom House Officers from
serving on Juries or in the Militia (quoted). Enquires whether
the Commissioners of Customs do not think it requisite and
proper, that something to that effect should be given to the
Deputy-Governors of the Proprietary Colonies. [C.O. 324,
11. pp. 34-36.]
March 8.
Clarges
Street.
March 8.
Whitehall.
468. Lord A. Hamilton to Mr. Popple. In reply to 7th
March, desires that the Instruction for the payment of the
remainder of the debt due to him for subsisting the Independant
Companies may be renewed. Signed, A. Hamilton. Endorsed,
Reed. 8th, Read 9th March, 172 f. Holograph. Addressed.
1 p. [C.O. 137, 16. //. 343fl.-344i;.].
469. Mr. Popple to Mr. Burchett. My Lords Commissioners
having under their consideration the Commission and In-
structions for Governor Hunter etc., and being informed that
the Captains of H.M. ships of war, stationed in the Plantations,
have received Instructions from the Lords Commissioners of
the Admiralty in relation to the disposal of pirates effects, as
have ocasioned sevl. disputes between the said Governors and
Captains, send you enclosed copy of H.M. 94th Instruction to
His Governor of Jamaica, which as it is general to all His
Governors in America, you will please to lay the same before
the Lords of the Admiralty, with my Lords desire, that the
future Instructions given to Captains of ships of war may
not interfere with H.M. Instructions to his Governors in America.
[C.O. 324, 11. pp. 36, 37.]
AMERICA AND WEST INDIES.
233
1727.
March 9.
Whitehall.
March 10.
Whitehall.
470. Council of Trade and Plantations to the King.
Recommend for confirmation Act of Antigua for dividing the
parish of St. Peter, etc. [C.O. 153, 14. p. 231.]
471. Council of Trade and Plantations to the King.
Recommend confirmation of Act of Virginia, to confirm the
title of Richd. Randolph, etc. [C.O. 5, 1365. p. 310.]
March 10.
N.
Providence.
472. Governor and Council of the Bahama Islands to the
Council of Trade and Plantations. Acknowledge letter of
17th Nov., 1726, and return thanks for their Lordships good
offices etc. Enclosed accounts show that H.M. bounty is applied
as directed. Enclose account of stores of war wanting, " the
Board of Ordnance not taking any cognizance of what the
Governor has hitherto writt to them. We hope at this juncture
your Lordships will think it absolutely necessary we should
be supply 'd." Signed, G. Phenney and six Councillors. En-
dorsed, Reed. 2nd, Read 10th Nov., 1727. 1 p. Enclosed,
472. i. Account of cash. 16th Feb., 1727. Receipts (in-
cluding H.M. bounty of 183 17s. 4d.). P.s. 8. 1618
323 12s. Id. Expenditure 302 19s. 2d. Balance in
handy 20 12s. 9d. Signed and sworn to in Council,
Pr. Goudet, Treasurer. Same endorsement. 2 pp.
[C.O. 23, 2. ff. 103, 104i;., 1050.-1060.]
March 10. 473. Mr. Popple to Mr. Fane. Encloses, for his opinion
Whitehall, in point of law, draught of an Act of New York to amend the
practice of the law etc. v. March 4. [C.O. 5, 1124. p. 406.]
March 11
Whitehall.
March 14.
South Sea
House.
March 14.
Whitehall.
474. Same to Same. Encloses Mr. Colden's letter con-
taining his objections to the Act of New York for the partition
of lands in common etc. [C.O. 5, 1124. p. 406.]
475. Mr. Wescomb to Mr. Popple. Requests that the
Board will determine the issue raised 22nd Dec., 1724, March
and Oct. 1725, as to taxation of negroes imported into Jamaica,
with a view to Instructions being given to the new Governor
etc. Signed, D. Wescomb. Endorsed, Reed. 14th, Read 16th
March, 172?. Addressed. 2} pp. [C.O. 137, 16. ff. 345-
8400.]
476. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before H.M. Annexed,
476. i. Same to the King. Enclose following.
476. ii. Draft of H.M. Commission to Robert Hunter Esq.
to be Governor of Jamaica. In the usual form.
[C.O. 138, 17. pp. 112-134.]
234
COLONIAL PAPERS.
1727.
March 16. 477. Mr. Popple to Mr. Scrope. Reply to 24th Feb. My
Whitehall. Lords Commissioners having prepared the draught of a bill
for the better and more effectual preservation of H.M. woods
in America, encloses copy for the opinion of the Lords Commis-
sioners of the Treasury for their sentiments thereon, etc. ; also
a clause, prepared to make the said bill more effectual by
obliging all the importers of masts, yards and bowsprits, to
produce a certificate of their having been cut by licence from
the Surveyor of H.M. woods, before the said importers can be
entituled to receive any bounty for the same ; But as my
Lords do not know whether the bounty upon masts, yards and
bowsprits given by the Act of the 3rd and 4th of her late
Majesty's reign, is to be renewed after the expiration of the
said Act, My Lords are desirous of receiving the opinion of
the Lords of the Treasury how far a clause to that effect
may be proper to be added to the said bill etc. and whether it
be necessary that some provisions be made in the said bill for
a check upon the said Surveyor, in his granting licences for
felling of timber in H.M. woods. [C.O. 324, 11. pp. 37, 38.]
March 16. 478. Council of Trade and Plantations to Mr. Pelham,
Whitehall. Secretary at War. Enclose following.
478. i. Same to the King. Reply to 25th Feb. The petitioners
living at so great a distance, we have not been able to
examine them particularly as to the facts alledg'd,
but they being attested by the affidavits of sevl.
Commanders of vessels trading there, and we haveing
formerly had complaints of the like nature agt. Colo.
Gledhill, we transmitted the same to him, with
directions for him to give his answer thereto, and
for the future to observe your Majesty's Instructions,
whereby neither he nor any of the Garrison at
Placentia, are to concern themselves in the Fishery
under pain of your Majesty's highest displeasure ;
But as he hath neglected to give us any answer thereto,
we have the more reason to think the allegations in
the same petition true, and are of opinion it will be
for your Majesty's service, that he should be sent for
home, to answer the several complaints that have been
exhibited against him. [C.O. 195, 7. pp. 147-150.]
March 17. 479. Governor Worsley to the Duke of Newcastle. I
Barbados, received not long since the honour of your Grace's letter of the
22nd June last, in relation to a grant of the Crown to Mr. Henry
Morgan and his wife, of an estate in Barbadoes till a debt of
3,500 be paid to him. I shall use my utmost endeavours to
support his pretentions here, according to your Grace's com-
mands etc. Signed, Henry Worsley. Endorsed, Rd. May 23.
2 pp. [C.O. 28, 44. No. 106.]
AMERICA AND WEST INDIES. 235
1727.
March 17. 480. Same to Same. As no ships have arrived here from
London till about a fortnight ago, and as none has sailed from
hence for that place till now, I could not have the honour of
receiving your Grace's letter of the 10th of Nov. last sooner,
nor of answering it before, which I am the more concerned at,
in that it has deprived me till now of the honour and sattis-
faction of acknowledging the great favours and obligations
your Grace has done me in representing to H.M. me, and the
affair of Mr. Sutton, in such a light, as that H.M. from His
extream goodness should entertain so favourable an opinion
of me etc. In pursuance of H.M. commands I have removed
Mr. Sutton from the Council, and by a supersedeas have put
him and Mr. Sedgwick out of the Commission of the Peace ;
I have also sworn Mr. Haggat into the Council this being the
first vacancy that has happened since I had the honour of
receiving H.M. sign manual for the so doing. Whereas I have
lately refused to admit Mr. Carter a Deputy of Mr. Cornelius
Clerk of the Naval Office by patent from H.M., into the execution
of that office, I think it my duty to give your Grace my reasons
in order to receive H.M. commands upon it. Tho' the
Governours of the Plantations are by some of the Acts of
Trade lookt upon as Naval Officers, yet since H.M. has been
graciously pleased to grant patents to the Clerks of the Naval
Office these have ever since enjoyed the benefits of the office,
and is not in the least disputed ; for the present deputy to
Mr. Cornelius enjoys them in as full and ample a manner as
any of his predecessors : But Mr. Cornelius's deputation to
Mr. Carter varies from what he gave on 6th Jan. 172^ to his
present Deputy, in which he calls himself Clerk of the Naval
or Navy Office, and in that to Mr. Carter Naval Officer, and
has accordingly given him such instructions as H.M. has given
to his respective Governours, but his first instruction to Mr.
Carter I must in a particular manner take notice of, he therein
orders him (as if he were apprehensive I should allow of him)
that in case of my absence, or other obstruction in quallifying
himself before me, he is to apply himself to some of the Judges
of the Courts, or to two or more of H.M. Justices of the Peace,
and desire them to administer to him the oaths appointed by
law before he enters on the execution of his Office etc. Quotes
H.M. Commission to himself to administer, and to appoint fit
persons to administer the oaths appointed. Continues : Mr.
Cornelius in his letter to me says that in case of a vacancy he
has sent a deputation to some proper person to be made use of
occationally : This is impow'ring another to appoint a Depty.
for him ; Mr. Dunbar, who is Surveyor General and lives at
Antegua, I suppose is the person to whom he has sent the
said deputation, for when he came hither lately, (as he generally
does in once or two or three years) he accompanied Mr. Carter
with Mr. Cornelius's deputation and has since wrote to Mr.
236 COLONIAL PAPERS.
1727.
Secretary Webster upon that head, in which there is this
paragraph (vizt.) " But I shall concern myself no more about
than barely to say that I waited on him to be sworn and H. E.
did not think proper to administer the oaths to him ; that
Office being pretty much independant of me, had it been, I
should have sworn him myself " etc. Some of the Patent
Officers have in Mr. Cox's Presidentship, given powers of
Attorney to persons here, to appoint deputy's to them in case
of any vacancy ; this is directly contrary to the 54th article
of my Instructions, which grants the Governour power upon
a vacancy or suspension of an officer to put in any fitt person
to officiate in the interval till the place be disposed of by the
Crown or further directions : of these powers of attorney I
have inclosed copys of two : and as these powers of attorney
clash with my Instructions, and as it seems to be contrary to
law for a deputy to appoint a deputy, and as the King has
granted a power to the patentees to appoint a deputy or deputy's
by which, if duly observed, any inconveniency to the Patentes
upon a vacancy might be obviated, I am very much surprised
at this innovation etc. Asks for H.M. commands therein and
refers to enclosures. Signed, Henry Worsley. Endorsed, Rd.
May 23rd. 8 pp. Enclosed,
480. i. List of fines, forfeitures and escheats (81.15) at the
Grand Sessions of Barbados, 13th-16th Dec., 1726.
Signed, Cha. Browne, Dep. Cl. Cor. If pp.
480. ii. List of causes (28) at above Sessions. Same signature.
2pp.
480. iii. Duplicate of preceding.
480. iv. Duplicate of No. i.
480. v. Address of the Grand Jury, at above Sessions, to
the King. Express loyal sentiments and thanks for
a most worthy Governor. Signed, Joseph Thome,
Hugh Williams, Archd. Carmichaell, Seabury Ayshford,
John Odwin, Jno. Lewis, Wm. Browne, Lewis Cutting,
John Castleman, Nath. Lamplee, Phillip Hudder,
Henry Williams. If pp. [C.O. 28, 44. Nos. 107,
107 i-v.]
March 17. 481. Governor Worsley to the Council of Trade and
Barbados. Plantations. Duplicate of preceding covering letter. Signed,
Henry Worsley. Endorsed, Reed. 23rd May, Read 20th June,
1727. 7 pp. Enclosed,
481. i, ii. Duplicates of Nos. i, ii, encl. preceding.
481. iii. Duplicates of encl. v-ix, xii, xiii. Aug. 22, 1726,
relating to Henry Carter's deputation from John
Cornelius, Naval Officer, Barbados. [C.O. 28, 18.
ff. 331-335i;., 336z;., 337, 338z;.-343,
350v.-353v.,
AMERICA AND WEST INDIES.
237
1727.
March 17. 482. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before the King.
Annexed,
482. i. Same to the King. Report upon petition of Royal
African Co. referred 21st Feb. Have heard the
Company and separate traders etc. Continue: The
two principal points in dispute between them, were
the nature and condition of the trade, and the utility
of the forts and settlements etc. The African Company
set forth that the competition between them, the
Dutch, French and Portuguese, but chiefly between
them and the seperate traders of Great Britain, has
raised the price of negroes on the coast of Africa to
four times the value they were formerly sold at, from
whence, and from the badness of their own circum-
stances, they infer that this trade is in the utmost
danger of being lost, and consequently the Plantations
of being ruined for want of necessary supplies of
negroes ; that they are already come to a resolution
of trading no longer, and that unless some speedy
releif be given them, they shall be no longer able to
maintain their forts and settlements, but must be
obliged to abandon them. But notwithstanding the
African Company apprehend this trade to be in danger
of being lost, yet it appears to us that the trade to
Africa is greatly increased as well in the number of
ships imploy'd therein, as in the number of negroes
carried from thence to your Majty's Plantations since
the expiration of the duty of 10 p.c. ad valorem for
all goods and merchandize exported to Africa from
England, or from your Majesty's Plantations in
America, by any seperate trader, imposed by an Act,
9th and 10th K. William III, to settle the trade to
Africa, which expired in 1712, and tho' the price of
negroes is much greater upon the coast then formerly,
which is a natural consequence, of a greater demand,
yet it did appear that your Majty.'s subjects in the
Plantations, have been much better supplyed, and
very near as cheap as formerly. Report upon the forts
and settlements in Africa. Continue : Upon the
whole, since it is evident by the experience of many
years, that this trade is greatly encreased since it has
been laid entirely open to all your Majty.'s subjects,
we are humbly of opinion it ought always to continue
free and open, etc. [C.O. 389, 28. pp. 304-312.]
March 21. 483. Mr. Wescomb to Mr. Popple. In reply to 17th,
South Sea asks for another date for his Directors to attend the Board etc.
House. Signed, D. Wescomb. Endorsed, Reed. 21st, Read 22nd
March, 172?. 1 p. [C.O. 137, 16. ff. 347, 848i>J
238 COLONIAL PAPERS.
1727.
March 21. 484. Certificate by H.M. Remembrancer's Office, that
Exchequer Lt. Governor Calvert has given the security required etc.
Temple * Signed, James Pearse. Endorsed, Reed. 21st, Read 22nd March,
172$. f p. [C.O. 5, 1266. ff. 227, 228.]
March 22. 485. Mr. Popple to Mr. Carkesse. Presses for reply to
Whitehall. 7th March. [C.O. 324, 11. p. 39.]
March 22. 486. Council of Trade and Plantations to the King.
Whitehall. Recommend William Dandridge for the Council of Virginia,
in the room of Philip Ludwell, deed. [C.O. 5, 1365. p. 311.]
March 22. 487. Governor the Earl of Orkney to the Council of Trade
London. anc [ Plantations. I wrote according to your desire to Coll.
Spotswood that he would returne me my originall Instructions.
I send your Losps. his letter, to show you, except higher powers
oblidge him to it, very likely he will not returne them etc.
Recommends Major John Custis to succeed Col. Ludwell in the
Council of Virginia, " who is one of the best substance of any
in that countrey, and resides constantly at Williamsburg,
which makes it absolutely necessary, to have two of the
Councell all wise upon the place, there being non that lives at
Williamsburg but Mr. Blair " etc. Continues : Collo. Jennings
[who] is the eldest Councillor and now become a perfect child,
incapable of any kind of bussiness, and has been for severall
years etc., I think it for H.M. service that another Councellor
should be named in his place. The more necessary ; since by
my patent in case of the death or absence of the Lieut. Governor
the Governmt. devolves upon him. And to prevent this, by
advice of Councell, he was suspended by Lieut. Governour
Drysdale, and likewise an order was sent from hence, to lay
him aside. But if he is put again into the new Instructions,
all this falls of course, and so the Governmt. falls into his
hands, in case of the Lieut. Governor's death or absence. I
shall not take upon me to recomend any in his place, being
informed that application has been made to the Board allready,
for one unknown to me. Signed, Orkney. Endorsed, Reed.,
Read 24th March, 1725. 2jd. pp. Enclosed,
487. i. Col. Spotswood to Governor the Earl of Orkney.
March 22. Is ready to attend the Board of Trade
with his Instructions, if it is only to satisfy them
with a perusal thereof ; but if this is a demand for
his surrendering them, he begs to be excused, until
precedents be produced. Continues : I received new
Instructions signed by my Sovereign, etc. However
I have been worked out of my Government, I must
not suppose that Province to have been ruled without
authentick powers from H.M. for five years past :
AMERICA AND WEST INDIES. 239
1727.
so that Mr. Drysdale's Instructions are the most
proper to be demanded etc. Signed, A. Spotswood.
Same endorsement. Holograph. 1 p. [C.O. 5, 1320.
ff. 121-123, 124y.]
March 23. 488. H.M. Additional Instructions to Governors relating
st. James's, to appeals, (v. Feb. 8th and A. P. C. III. No. 100). The
Instructions for the several Governors. Set out, in the case of
the Governors of New York, New Jersey and Pennsylvania,
N.Y. Col. Doc. V. 816 ; N. J. Archives, 1st Ser. V. 127 ; and
Penn. Archives, 1st Ser. I. 196. Signed, G. R. [C.O. 5, 193.
pp. 37-39, 41-43, 45, 46, 49-51, 53-55, 57-59, 61-63, 65-67,
69, 70, 73, 74, 77, 78, 81, 82, 85, 86.]
March 24. 489. Mr. Popple to Colo. Spotswood. My Lords Com-
Whitehaii. missioners being informed by the Earl of Orkney that you
have the original Instructions given to his Lordsp. for the
Governmt. of Virginia, desire you will forthwith send them
to his Lordsp. for His Majesty's service. [C.O. 5, 1365. p.
311.]
March 25. 490. Petty expenses of the Board of Trade from Christmas,
1726 to Lady day, 1727. (v. Journal.) 5 pp. [C.O. 388, 79.
Nos. 2-4.]
March 27. 491 . The Duke of Newcastle to the Council of Trade and
Whitehall. Plantations. Encloses following Commission, " that in the
preparing of Instructions for the Governors of H.M. Colonies
and Plantations in America, you may insert an Article pre-
scribing to them (as they are enjoyned by the said Commission)
to support his Lordship and his Commissarys in the exercise
of their jurisdiction " etc. Signed, Holies Newcastle. En-
dorsed, Reed. 27th, Read 28th March, 1727. 1 p. Enclosed,
491. i. H.M. Commission to the Bishop of London to exercise
ecclesiastical jurisdiction in H.M. Colonies and Planta-
tions in America etc. 9th Feb., 1727. Cf. A. P. C.
III. No. 74. Latin. Copy. 9J- pp. [C.O. 323, 8.
Nos. 68, 69 ; and (Holograph, 1 p.) 5, 4. No. 31.]
March 27. 492. H.M. Letters Patent appointing Alexander Henderson
Westminster. Attorney General of Jamaica, and revoking that of William
Monk. Copy. Countersigned, Cocks. [C.O. 324, 49. ff.
46, 47.]
March 28. 493. Order of King in Council. Confirming Act of Antigua
st. James's, for selling lands of Andrew Murray etc. Signed, Edward South-
well. Endorsed, Reed. 3rd, Read 4th May, 1727. lj pp.
[C.O. 152, 15. ff. 316, 316i;., 317i>.]
240
COLONIAL PAPERS.
1727.
March 28. 494. Order of King in Council. The Governors of Virginia
St. James's. an( } jj. Carolina are to settle the boundary according to the
proposal submitted, (v. C. S. P. Aug. 31, 1726 and A. P. C.
III. No. 108.) Signed and -endorsed as preceding. 1 p.
[C.O. 5, 1320. ff. 135, ISQv.]
March 28. 495. Order of King in Council. Approving report of
st. James's. Committee, 22nd Feb., concerning the settlement of a salary
upon Governors of New England, and ordering a letter to be
written to Mr. Shute accordingly, v. 30th March, 1726. Set
out, A. P. C. III. pp. 105, 106 q.v. Signed, Edward Southwell.
Endorsed, Reed. 3rd, Read 4th May, 1727. 4j pp. [C.O. 5,
869. ff. 377-379, 380t;. ; and 5, 752." No. 35.]
March 29. 496. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. We have had under our consideration your Grace's
letter of 13th Feb. etc. But we have since received the King's
original Instructions to the Earl of Orkney from Colo. Spots-
wood. We propose to deliver them to Major Gooch, and we
think they ought regularly to be given to every succeeding
Lieut. Govr. unless any new Governor be appointed ; in which
case a new Commission and Instructions must be prepared.
The Earl of Orkney's Commission as Governor of Virginia,
having never been register'd there, his Lordsp. has promised
that it shall also be delivered to the present Lt. Governor, in
order to be entred in the Council books there, it being the only
warrant for the President of the Council taking upon him the
Governmt. in case of the death or absence of the Lieut. Governor.
Autograph signatures. 2 pp. [C.O. 5, 1344. No. 3 ; and 5,
1365. pp. 312, 313.]
March 29.
Whitehall.
April 8.
Portsmouth,
New
England.
497. Same to the King. Col. Edmd. Jennings, late
President of your Majesty's Council of Virginia, having been
suspended from his said employment some time before Lt.
Gov. Drysdale dyed ; it being then the unanimous opinion of
the Council that he was not capable of taking upon him the
administration of the Govt. in case of the death or absence of
the Lt. Govr., by reason of his great age and infirmities, and
it being represented to us that he is wholly incapable of any
business etc., recommend appointment of John Custis in his
room. [C.O. 5, 1365. pp. 313, 314.]
498. Lt. Governor Wentworth to the Council of Trade and
Plantations. Acknowledges letters of 8th July, 1726 and 12th
and 28th Feb., and 9th Nov. Will shortly observe commands
in transmitting duplicates etc. Continues : This Province has
kept no record of the importation of negroes, not haveing any
commerce with Affrica, we are supply'd from Barbadoes,
Antigua and the Leeward Islands, and seldom with more than
AMERICA AND WEST INDIES. 241
1727.
four or five in the space of a year, excepting the year 1718
about twenty men, women and children from Antigua. Boston,
New York, and Rhoad Island, have of late years sent vessells
to the coast of Africa, and bro't their slaves directly to
their own ports. I judge here is not more, than one hundred
and fiffty negroes and Indians in this province, but for the
future shall take care that an exact acct. be kept, and sent to
your Lordships etc. I come now to Mr. Fane's opinion on that
Act relating the felling pine trees, within or without townships,
wherein he argues hansomely, but not so fully and clearly as
I could wish, for that Gentn. not being so well acquainted with
the country, probably might imagine that the towns allready
settled, were improved as the townships were in England, or
as easily secured as Gentlemen's parks are, within inclosures,
but if he were present his idea would be quite different, some
of our towns are twelve or fourteen miles in length, and eight
or ten in breadth, and not more than one eigth part improved,
and the rest impassible, so that there is as much necessity to
guard the old towns as the new, and outlands. As to the new
towns lately granted to H.M. subjects, there is as full and as
strong a reserve made to the Crown as can be, of all masts etc.
refering to the Act of Parliament made for that end, and if
the Surveyor dos his duty [? they will} be preserved. It is
with much pleasure, that I can say, that when it was my
province to inspect the King's woods, there was never before
nor since so little waste made, and tho' it cost me considerable
to support rideing and other officers, yet to this day I have not
been allow'd one farthing, neither can I tell where to apply,
but as I have faithfully served my King in it, I must be content
if I have no other reward. I am humbly of opinion that the
same penalty should be on the cutting pine trees, within, as
without townships. Governr. Shute and myself were present
at a try all, in the Province of Main, when the Judges gave the
case against the King, by reason the trees were cut within the
townships, and without an Act of Parliament to make all
trespasses on the King, in respect to cutting or felling any trees
fitt for H.M. service, within or without townships, be made,
that shall extend to all the Provinces on the Continent, and
a faithfull officer appointed, and the lines settled between the
provinces of the Massachusetts and New Hampshire, and that
such trespasses shall be cognizable in the Court of Admiralty
only, and not at the Common law, it will soon be too late to do
anything on that head, for every thing that is valuable will be
destroy'd. Mr. Burniston misaply'd, or misunderstood a
perragraph in my letter, when I wrote him I should take care
of the King's woods, and would have it that I intended the
Province of New Hampshire and not in the Province of Main,
whereas, the Surveyor never extended his authority there.
In my letter of 17th March, 1725, I advised your Lordships of
C.P. XXXV 16
242 COLONIAL PAPERS.
1727.
a shipload of masts that were cutting without the King's
lycence, which I apprized the Surveyor of, etc., and that I
tho't it his duty to seize the mast, wch. was done, but not
hearing anything of the event etc., I ent for him to know
how far he had proceeded in that matter, his answer was that
the Judge Advocate at Boston, had advised him to quitt the
seizure, and that he had advised home on the affair, takeing
bond for being sent home, and tender'd to the Government.
Some months affter this, a Memorial was laid before me by
Mr. Samuel Waldo, agent for Mr. Gulston who has contracted
with the Navy board, complaining of the neglect of the officers,
in refuseing to do their duty, upon which I discoursed the
Judge Advocate, who gave me from under his hand, that he
was ready to discharge his duty as Advocate, provided Mr.
Waldo gave him security to indemnify him, but that should
not make a catt's paw of him, seeing there was a difference
between Mr. Gulston the Contractor, and Messrs. Bay ley and
Haws the owners of these masts. I sent for the King's Attorney
Generall of this Province, who gave me the same answer etc.
I have wth. advice of H.M. Councill given orders that bond
shall be given here for their being landed in England, tendering
them to the Government as by Act of Parliment ; considering
the great armament H.M. has at sea, and the dayly expectation
we are in of a war, and that it may be better determin'd at
home than here, for if these masts had been bro't into the
common law it is ten to one if they had not been clear'd, for
the Jury will give such cases against the King, and then these
masts wch. now may serve the Crown, might probably been
sent to some forreign Prince etc. P.S. I have furnished Mr.
Newman with everything we can relating the lines etc. Signed,
Jno. Wentworth. Endorsed, Reed. 3rd, Read 28th June, 1727.
3 pp. Enclosed,
498. i. Petition of Samuel Waldo to Lt. Governor Wentworth,
referred to in preceding. Prays that the masts, gotten
without the royal licence, may be seised and the
Attorney General instructed to prosecute. Signed,
Sa. Waldo. Copy. 2 pp.
498. ii. Minute of Council of New Hampshire, 3rd April,
1727. Examination of Mr. Armstrong, Depty. Sur-
veyor, and Mr. Phipps, Attorney General, referred to
above. Endorsed, Reed. 1st June, 1727. Copy. 2 pp.
[C.O. 5, 869. //'. 448-4510.]
April 6. 499. Mr. Popple to Mr. Carkesse. Again presses for reply
Whitehall, to 7th March, " that Mr. Calvert who at present waits for
nothing else may be forthwith despatched." [C.O. 324, 11.
pp. 39, 40.]
AMERICA AND WEST INDIES. 243
1727.
April 8. 500. Mr. Carkesse to Mr. Popple. Returns draft of In-
n ' structions for tne Deputy Governor of Maryland with suggestions
by the Commissioners of Customs. They desire " that an
Instruction may be given to the Deputy Governors of the
Proprietary Colonys for excusing the Officers of the Customs
from serving on juries or personally appearing in arms, as is
done to Governors of H.M. Colonys immediately depending
on the Crown " etc. Requests copy of final Instructions.
Signed, Cha. Carkesse. Endorsed, Reed. 10th, Read llth
April, 1727. 1 p. Enclosed,
500. i. Draft of Instructions for Depty. Governor Calvert,
with alterations and additions proposed by H.M.
Commissioners of Customs. 7J pp.
500. ii, iii. Orders of King in Council, Oct. 2, 1721, 14th
June, 1722 ; Rules proposed for granting Mediterr-
anean passes, and forms of certificates, and bonds for
British and foreign ships etc. Printed. 21 pp. [C.O.
5, 1266. ff. 229-232, 233-234*;., 236-244, 245, 246u.]
April 8. 501 . A. D. to Lord Townsend. A new Governour is going
to Maryland an educated R. Catholick. Jesuits goes over their
annually, and they have places there much in ye nature of
convents, and by reason of ye little care of ye choice of ministers
and church discipline ye R. C. increases and spreads not only
over at that province but the neighbouring provinces. The
new Governour has made choice of and is going over to his
governmt. with a R. C. comander. in that province al criminal
causes and others where ye King is mention'd in our courts,
are mention'd and try'd there in ye name of ye Ld. proprietor,
which is said is assuming a sovereigne power etc. R. C. have
been deem'd subjects to a foreigne power and by instruction
of their preists and principles wil be in ye interest of a R. C.
prince and in ye neighbouring province Pensilvania ye Collector,
Secretary, and some of ye Council was formerly reputed in ye
interests of ye pretender etc. If our affairs at home should be
imbarrass'd a great defection may be fear'd from those parts,
which would give a great interruption to trade and a great
diversion to the force of great Brittain. The late Governor
Hart had warm contests with ye R. C. insomuch that by an
Agent in London the Spanish Ambassador was sollicited for
lands in the Spanish West Indies for 'em to settle and retire
to with there effects, in case Mr. Hart continued Governr. or
did further oppose them, and they were answered that they
should have lands assign'd them and al imaginable incourage-
ments. If by their leaders they could be spirited up to leave
their settlemts. for what they could get for them what would
they not undertake and even by a Spanish power to support
there present settlemts. whenever a proper juncture offers and
in ye neighbouring provinces there is a great number of dis-
244 COLONIAL PAPERS.
1727.
affected persons that only waits an oppertunity to shew them
selves when any likely support to ye cause can appear. You
may remember a great many of ye late rebels was sent there,
many of which are supported and caress'd. The year after ye
So. Sea scheem ye Jesuits in Maryland sollicited for many to
improve their interest and settlement here and elsewhere, but
was answered that they had been great sufferers in 1720, and
could not than assist them. I lay this before you for the sake
of my country etc. Signed, A. D. Addressed To the Right
Honorable the Ld. Townsend at ye Cockpit Whitehall. 2 pp.
[C.O. 5, 721. No. 19.]
April 10. 502. The King to Governor Shute. You are to acquaint
St. James's, the Councils and Assemblies of Massachusetts Bay and New
Hampshire to establish a fixed salary for Our Governor etc.,
verbatim as proposed 22nd Feb. v. A. P. C. Ill, p. 106. Con-
cludes : If they shall not pay a due and immediate regard to
Our Royal will and pleasure hereby signified, we shall look
upon it as a manifest mark of their undutifull behaviour to us,
and such as may require the consideration of the Legislature
in what manner the honour and dignity of Our Government
ought to be supported in those Our provinces for the future,
Countersigned, Holies Newcastle. [C.O. 324, 35. pp. 323-326.]
April 10. 503. Governor Hart to the Council of Trade and Plantations.
. st - Encloses duplicates of 15th Feb. and 5th March. Refers to
Gophers. enclosed lists of negroes imported, and to letter sent to the
Governor of St. Domingo to reclaim the vessels taken at Sta.
Cruz. (v. 5th March) etc., " which is inclosed and submitted to
your Lordships whether, either for matter or stile, it ought to
have been receiv'd with that contempt as is mention'd in Capt.
Bardin's letter. Capt. Bardin was bred to the sea, and has
never commanded a better vessel than what he lately lost by
the Spaniards, yet as I found him a man of sense, (and also
interested in the affair) I thought him a proper person to send
to the Governor " etc. Indeed he has more than answered
my expectations etc. I find his answers so pertinent, his
remarks so just, and his offers so generous to sacrifice his liberty
for the publick good, that I shou'd be wanting in justice to the
poor man's charracter, if I did not transmit his letter etc., and
pray your Lordships leave to be refer'd thereto, for what is
expected from the Spanish justice etc. I have also a letter from
the Governor of St. Domingo in answer to mine with a copy
of the proceedings of the Courts of Justice there etc. But I
am so unfortunate not to have one person in these Islands that
can translate it from the Spanish language, and shall be obliged
to send them to St. Eustatia to get them translated etc. In the
mean time for your Lordships' better information of the pro-
ceedings of the Spaniards with relation to taking, and making
AMERICA AND WEST INDIES. 245
1727.
prize of all vessels they can overpower, which belong to H.M.
subjects I inclose the original letter from Mr. Robert Galbraith
who resides, as a Factor for the Royal Assiento Company, at St.
Domingo, etc., as a further instance of Spanish justice and
amity to the British Nation etc. Encloses Lt. Governor Byam's
reply (v. 5th March and encl. vi). Continues : I was greatly
surpriz'd to find the Council of Antegoa were neither of opinion
that the Spanish effects (belonging to the ship lately lost at
Barbuda) might be detain'd either in the hands of the Surveyor
General of the Customs, or in the manner proposed in my letter,
at least till the return of the vessel I had sent to St. Domingo
etc. On this information I immediately repair'd to Antegoa,
and on my arrival there was inform'd by Mr. Dunbar Surveyor
General of the Customs, that he had secur'd in the Custom
house, all the effects he could find belonging to the said
Spaniards for a breach of the Acts of Trade, for that the said
Spanish Captain upon his being run on shore at Barbuda, had
set fire to his ship, and burnt her, and that he had dispos'd of
several valuable parcels of his cargoe, of which he had never
render 'd him any account as an Officer of the Customs. And
had purchas'd a ship, late belonging to one Captain Green,
reputed the best sailer in the West Indies ; and capable of
mounting twenty guns (which wou'd have been of dangerous
consequence at this time) in order to transport himself, his
effects, and the fifty Spaniards his late crew, to the Island of
Porto Rico. Mr. Dunbar likewise inform'd me that the said
Spanish Captain and super cargoe had chang'd all their peices
of eight (which it is said amounted to 80000) for French and
Spanish pistoles and other gold coin, for which they gave a
price beyond the intrinsick value ; and that he had in the
Custom house abt. seventy or eighty thousand weight of cocoa,
and 7,300 peices of eight. I told Mr. Dunbar that he best knew
how far they had offended against the laws, and which must
be try'd at a Court of Admiralty ; But that I was of opinion
that it wou'd be more for H.M. service, if these effects were
detain'd by the advice of Council untill H.M. pleasure was
known, considering the great losses his subjects had lately
sustain'd at Sta. Cruz. Mr. Dunbar answer'd that he had the
advice of the Attorney General for what he had done ; But
since I resolv'd to advise with the Council, he wou'd readily
submit to what was thought most proper for H.M. service. I
met the Council of Antegoa, and desir'd they wou'd again take
into their consideration the letter I wrote to Governor Byam
etc., and laid before them H.M. 98th Instruction etc. Which
in my opinion with their advice and consent was a sufficient
authority to detain these effects, till I had advice from the
Governor of St. Domingo, whether or not he wou'd restore the
vessels taken at Sta. Cruz. I urg'd to them that in my opinion,
from H.M. late Speech to His Parliament, a war was unavoid-
246 COLONIAL PAPERS.
1727.
able. I likewise laid before them the advice I had received
from Captain Delgarno Commander of H.M.S. Southsea Castle,
that the war was actually begun by the seige of Gibralter ;
From which in all probability, there was but little reason to
hope the Governor of St. Domingo, wou'd restore the vessels
aforesaid ; and that unless these effects were detain'd, I cou'd
not see how the sufferers at Sta. Cruz cou'd be reimburst for
the damages sustain'd there by the Spaniards. I likewise
endeavour'd to show them the difference between a seizure and
detainure, and that as to the last, none of the effects detain'd
cou'd be dispos'd of, untill H.M. pleasure, ratifying the same,
was known. I also acquainted them, that I had given my
word of honour to the Governor of St. Domingo that in case
the vessels, cargoes etc., taken at Sta. Cruz, and now in his
possession, were return'd, I wou'd then restore all the Spanish
effects etc. aforesaid. And I hop'd they wou'd think it reason-
able that the said effects shou'd be detain'd untill I had an
answer from the aforesaid Spanish Governor : and unless this
was done I cou'd not help observing to them, that it wou'd
be showing a very great indulgence to the Spaniards, who acted
as enemies against us : and wou'd be very unfortunate to our
fellow subjects, the sufferers at Sta. Cruz. But notwithstanding
all I had represented, I found a majority of the Council resolv'd
to persist in their former opinion, that the said Spanish effects
ought to be restoi'd to the Captain, that he might have liberty
to depart when he pleas'd. Upon this I order'd another meeting
of the Council the 5th of April, which I did rather to stand
justified in your Lordships opinion on my conduct in this
affair, than from any expectations I had, that the Council
wou'd, in any degree, alter their former resolutions, whatever
I might have further to offer. The proceedings of that day in
the inclos'd Minnits are humbly laid before your Lordships,
for your judgement on the queries I then gave in writing to
the Council, and their answers thereto. The result of which,
was that the Spaniards aforemention'd, might have liberty to
transport themselves, and their effects where they pleas'd.
As I cannot find that I have any power to detain the Spanish
effects without the advice and consent of the Council, so I am
oblig'd to acquiesce in their opinions ; tho' with greif of heart,
if there was no other reason for it, but that whilst I have the
honour to remain as H.M. Governor here, I have the mortifi-
cation to see the Spaniards captivate and spoil his subjects,
even within the limitts of my Government, without redress ;
yet when Providence has put the means of reperation in H.M.
power, that we shou'd be so much wanting to ourselves not to
detain them till His Royal pleasure was known, which in my
humble opinion is agreeable to the sense of my 98th Instruction,
and the provission made therein against such unforeseen events.
But is all humbly submitted to your Lordships' superiour
AMERICA AND WEST INDIES. 247
1727.
judgment. I am now to acquaint your Lordships of an
unhappy effect the not detaining this money -has had on the
trade of Antegoa ; which is, that the Spanish Master and
others, merchants and supercargoes of the ship lost at Barbuda,
have exchang'd their silver for gold, at the rate of 5 ps. of eight
for a pistole, and have privately sent away the gold, and the
British subjects have sent the silver for England ; so that the
Island is left with very little current cash for the markett etc.
Mr. Dunbar has signified to me by letter, that he has been
advis'd by the Attorney General here, since the Council wou'd
not interfere, to detain the aforemention'd Spanish effects in
his custody, in the Custom house of Antegoa, on advice that
the war is actually commenc'd at Gibralter ; and that he has
given an account of his proceedings to the Right Honourable
the Lords Commissioners of the Treasury and the Commissioners
of the Customs ; and is resolv'd so to detain them, untill he shall
receive their Lordships, or the Commissioners commands and
directions thereon. I beg leave to observe to your Lordships
that Mr. Dunbar has put this matter into a channel out of my
province, since all that I have to do with the Officers of the
Customs, (being under the immediate direction of the Lords
of the Treasury) is to give them protection in the due execution
of their offices. But in justice to Mr. Dunbar, I cannot help
(with great submission) observing to your Lordships that he
has acted in this affair with great zeal and vigour for H.M.
service, and hope he will find that approbation from his
Principles in my humble opinion he deserves. My Lords, I take
it to be my duty, humbly to represent to your Lordships the
unhappy situation the trade of the Leeward Islands is in from
the proceedings of the Spaniards, even before a war is declar'd ;
and am now to lay before your Lordships how much they are
expos'd in time of war. There is no harbours in the Islands
of St. Christophers, Nevis, and Mountserrat, so that the ships
trading hither anchor in roads open to the sea ; and are expos'd
to the privateers of Porto Rico, who can come from thence in
two days to St. Christophers, and cut out any of the ships in the
night time, notwithstanding the defence expected from the
adjacent forts and battaries ; as was practiced in the last war
with Spain. I am inform'd that the Spaniards are now building
an eighty gun ship, and several of a less rate at the Havana ;
and in order to fit them out sent up two large sloops, well
man'd to St. Eustatia belonging to the Dutch West India
Company, situated within two leagues of St. Christophers ;
where this last week these Spaniards purchas'd from the
Governor of St. Eustatia, rigging for the aforesaid men of war,
powder, and a great quantity of other warlike stores. And also
purchas'd two very large sloops from one Dunker there, capable
of carrying 100 men, and 10 guns each. I am further inform'd
that the Spaniards are fitting privateers in several other ports,
248 COLONIAL PAPERS.
1727.
and that they have several English sailers, who are acquainted
with the coasts in the West Indies ; and am apprehensive will
soon do great damage to our trade, especially if some provission
is not made for reprisalls, of which your Lordships are the best
judges. Captain Delgarno, Commander of H.M.S. Southsea
Castle of 40 guns, is an excellent and diligent Officer ; and has
shew'd himself so ready to do H.M. service in his station here,
that there is nothing wanting on his part : But I am humbly
of opinion if there are so many privateers fitted out as is
reported, there will be occasion for another ship of war, of 20
guns, to protect the trade of these Islands ; and the ships
bound for Jamaica, who all come into this latitude in their
way thither ; and I submit it to your Lordships whether this
is not a matter proper to be represented to the Lords Com-
missioners of the Admiralty. Your Lordships may please to
observe in the Minnits of the Council of Antegoa of the 2nd of
March, that the Secretary and Marshal were order'd to demand
the letters from the Spanish Captain in his custody, and that
they shou'd be lodged in the Secretary's Office. I am to inform
your Lordships (that notwithstanding the opinion of the Council
to deliver up the Spanish effects) I believ'd it for H.M. service,
and for your Lordships information of the Spanish trade in the
West Indies, on certain advice hostilities were begun at
Gibralter, to secure those letters, which I have done, and now
send them to your Lordships unopen'd by me, in a bag as I
receiv'd them from the Secretary of Antegoa. On this occasion
I beg leave to acquaint your Lordships that I advis'd with Mr.
Bumpsted, Inspector General for the Royal Assiento Company,
who was then at Antegoa with the Royal George etc. (v. 30th
Nov. 1726), who assur'd me that Admiral Hosier had open'd
all the letters that came into his hands ; which I thought was
a sufficient authority for me, especially after an infraction of
the Peace etc. I have not met with any person, who can give
your Lordships a more exact account of the Spanish West
Indies, both as to their government and trade : and who is
better acquainted in the affairs of H.M. Plantations than Mr.
Bumpsted is, etc. Refers them to him for an account of the
Spanish ship lost at Barbuda etc. Encloses a levy Act of
Montserrat, laying Ss. 6d. pr. pole on the inhabitants for
defraying the public debts ; which is the only tax has been
rais'd for three years, and a levy Act for Antegoa. Continues :
As there is no duty laid that may affect the trade of Great
Britain, I shall not give your Lordships the trouble of making
any observations upon it. I am sorry to acquaint your Lord-
ships that the Islands of Antegoa and Nevis are so much afflicted
with excessive dry weather, as not only to " prejudice their
crops more than one half for this year, but will also greatly
affect the growth of their canes for the year to come." Proposes
to make use of H.M. royal license to return for England by the
AMERICA AND WEST INDIES. 249
1727.
1st of June etc. and hopes to be able to render such an account
of his administration as may find their approbation etc. P.S.
Mr. Mann has been spoken to and wrote to several times for a
duplicate of the list of negroes imported here etc. Signed, Jo.
Hart. Endorsed, Reed. Read 14th July, 1727. 10 pp.
Enclosed,
503. i. Governor Hart to Don Francisco La Rocha Ferrer,
Governor of St. Domingo. St. Christophers, 6th
March, 1727. The capture of seven English sloops
and crews at Sta. Cruz (v. 5th March) by Capt.
Juan de Messa on said Governor's Commission cannot
but be looked upon as an infraction of the Peace,
unless restitution be made. His Britannick Majesty
has a considerable fleet in the West Indies, but no
act of hostility has yet been done by his Admiral etc.
A Spanish sloop has lately been lost on Barbuda,
commanded by Don Peter Nava etc., whose goods
have been inventoried and put in the Custom house,
and he and his crew have the liberty of the Island etc.
Signed, John Hart. Same endorsement. Addressed.
4pp.
503. ii. Richard Bardin to Governor Hart. St. Domingo,
8th April, 1727. I carried your Excellency's letter
and papers (No. i) to the President, who received
them with scorn etc. When it was realised what a
valuable pledge we hold, their attitude altered. The
President is naturally of a good temper, but surrounded
by a pack of indigent wretches, and weak. The
privateers have not only ruined our vessels but are
fitting out again and publickly proclaim they will take
all they find and never suffer any one again to come
and make complaints, for they'll murder and destroy
all they meet, and that if I here recover damage I shall
never carry it away etc. As I have great expectation
of recovering the whole in about 6 weeks, I shall be
utterly at a loss which way to bring it away, but
submit it to your Excellency. For my person I desire
no care may be taken if war is proclaimed because
'tis probable I may escape thro' the woods to the
French Colonies. The President evades giving me
a direct answer, and delays me in hopes of hearing
war proclaimed, when it will be in his power to hinder
the otherwise inevitable ruin of his favourite. It is
more than probable the President himself is concerned
with these bloody villains who openly violate all laws
etc. Acknowledges the assistance of Mr. Galbraith in
this affair etc. Signed, Rd. Bardin. Same endorse-
ment. 7 pp.
250 COLONIAL PAPERS.
1727.
503. iii. Inventory of losses in the vessels taken at Sta. Cruz,
sworn before the President at St. Domingo, 25th March.
Total, 24,943 p. J, 6 rlls. 3| pp.
503. iv. (a) Petition of Capt. Bardin to the President of St.
Domingo, 15th March. In pursuance of the letter etc.
of Governor Hart, No. i, asks for an order for delivering
of the vessels and cargoes etc. taken at Sta. Cruz etc.
Signed, Rd. Bardin.
(b) Reply to preceding. The case is at present
sub judice and the President cannot therefore give
such an order as is desired. Capt. Bardin may
remain in the city to prosecute their defence or leave
powers of attorney etc.
(c) Capt. Bardin to the President of St. Domingo.
Asks and obtains permission to dispatch a sloop to
inform Governor Hart of the present state of affairs.
Enclosed in No. ii. Endorsed, Reed., Read 14th July,
1727. 2f pp.
503. v. Robert Galbraith to Governor Hart. St. Domingo,
7th April, 1727. Refers to Capt. Bardin's mission
etc. " which had not your Excellency detained the
effects of the ship lost at Barbuda would have availed
nothing, haveing daily instances of their bringing
in vessells from all parts and condeming them without
alowing any defence," etc. From several instances
selects " the title they have to the two privateers with
which they are daily plundering their neighbours.
The sloops belonged to Boston and bound to Jamaica
when taken (by a galley built in this River) on the N.
side of this Island loaded with pine boards shingles
salt fish etc. and brought in here one with the mate
and some of the hands, the other without any of her
people. The mate of the one attempted the defence
of the vessell he belonged to, but was put in prison
by the owners of the privateers, and threatned to
be kept there unless he would renounce his right to
his vessell. However the President took another way
with him offering him if he would find security for the
damadges the privateers sustained in the prizes dureing
the suite he would allow him to plead for her, which
here they knew was not to be had unless they would
have accepted of me but that they refused, as also
my defending the other and so remain with them
both. Thus would they have done with those taken
at Sta. Cruz had not your Excellency's stopping the
shipp as aforesaid prevented it, there's now here a
small Tortola sloop brot. in by the same privateers
that was returning from Cura9ao where they had sold
a few yams, potatoes and Indian corn the produce of
AMERICA AND WEST INDIES. 251
1727.
which was what they tooke on board her near the
Po. Rico shore. Altho' the poor man did not so much
as designe to trade they have without condeming her
sold the sloop and cargoe, by those proceedings your
Excelencey may see what kind of Government wee
live under. I have been a very considerable sufferer
by these robbers etc. Quotes his own case etc.
Signed, Robt. Galbraith. Endorsed as preceding.
9 small pp.
503. vi. Minutes of Council of Antegoa, 2nd March, 1727.
In reply to Governor Hart's letter and queries, the
Council resolved that, since he is absolutely restrained
by his Instructions from making reprisals on the
subjects of any foreign Potentate in time of peace,
etc. and there being no advice of any declaration of
war against Spain, the effects of or persons belonging
to the Spanish ship which lately came on shore at
Barbuda ought not to be detained. Same endorsement.
Copy. 7i pp.
503. vii. H.M. 98th Instruction to Governor Hart. Same
endorsement. Copy. J p.
503. viii. Minutes of Council of Antigua, 5th April, 1727,
relating to the Spanish ship at Barbuda etc. v. covering
letter. Same endorsement. 9 pp.
503. ix. List of negroes imported into Nevis, 20th Dec.,
1721-1726. Totals, 1267 negroes, by 13 ships be-
longing to Separate Traders. Same endorsement. 1 p.
503. x. List of negroes imported into Montserrat, 25th Dec.,
1720-1726. Totals, 1776 negroes, by 10 ships be-
longing to Separate Traders, and two to the Royal
African Company. Same endorsement. 1 p. [C.O.
152, 15. ff. 355-359^., 360t;., 361U.-368, 369-382,
3S3v., 385-392.]
April 11. 504. Duke of Newcastle to Lt. Governor Dummer.
Whitehall. Encloses following, q.v. Continues : In order to prevent
the many inconveniencies, wch. may attend H.M. service, and
the trade of his subjects in that Province, I am commanded to
signify to you H.M. pleasure, that you should use your utmost
endeavours to put an effectual stop to these procedings of the
General Assembly, both against the Judge and other Officers
of the Vice Admiralty Court, and the Officers of the Customs,
and those likewise who have signed any memorials or
representations in their behalf. It is not H.M.' intention,
that any of the said officers should pass with impunity upon
any manifest neglect or failure in their duty, but in that case,
where there is just cause against them, you are (as you are
directed by H.M. Instructions to the Governor) to represent
the same to H.M. and the Lords Commissioners for Trade and
252 COLONIAL PAPERS.
1727.
Plantations, whereupon the matter will undergo a due ex-
amination in the proper Offices, and H.M. pleasure will be
signified accordingly. Signed, Holies Newcastle. Annexed,
504. i. Lords Commissioners of the Admiralty to the Duke
of Newcastle. Admiralty Office, 5th April, 1727.
Col. Shute, Governor of New England, having delivered
into this Office a copy of the votes of the House of
Representatives there, by which a Committee was
appointed to discover what persons signed the memorial
to this Board, and another to the Commissioners of
H.M. Customs, relating to the interruptions the Officers
of the Vice-Admiralty receive from the provincial
Judges, in the due and legal execution of their office,
by their issuing protestations against the decrees of
the Judge of the said Court ; and of the report which
the said Committee have made upon their examining
thereinto ; the further consideration whereof the
Council in New England have referred to the sessions
in May next, we send your Grace copies of the afore-
said vote etc., which we desire your Grace will please
to communicate to H.M., and that you will move
H.M. that such orders may be forthwith sent to the
Commander in Chief of the said Government of New
England, as may effectually put a stop to all such
proceedings of the General Assembly against the
Judge, and other officers of the Vice-Admiralty Court,
and those who signed with them the aforesaid
memorials, and that the aforesaid officers may be
permitted to proceed in the due and legal execution
of their employments, since otherwise it may occasion
not only a total stop to all Admiralty proceedings
there, but be very prejudicial to H.M. Revenue, as
the Commissioners of the Customs alledge, and to
H.M. maritime subjects. And that if there shall be
any just cause of complaint against the proceedings
of the said Officers of the Vice Admiralty, the same
may be transmitted to England, that so they may be
examined into. Signed, Berkeley, Jo. Cokburne, W.
Chetwynd.
504. ii. Vote of the House of Representatives of the Massa-
chusetts Bay, 2nd Jan., 1726(7), appointing a Com-
mittee to discover what persons have signed the
memorial mentioned in Mi. Agent Dummer's letter,
10th Sept., 1726. The Council concurred and
appointed members for said Committee.
504. iii. Report of said Committee, naming signatories.
504. iv. Vote of Council and Representatives, Jan. 5, 1727,
referring above report till May Session etc. [C.O.
324, 35. pp. 319-322.]
AMERICA AND WEST INDIES.
253
1727.
April 11.
Whitehall.
505. Council of Trade and Plantations to the Duke of
Newcastle. Enclose copy of Mr. Ayscough's letter, 26th Jan.,
to be laid before H.M., "it being necessary that some imediate
directions be given thereupon." [C.O. 138, 17. pp. 134, 135.]
April 12.
Boston.
April 14.
Whitehall.
506. Lt. Governor Dummer to the Council of Trade and
Plantations. Replies to letters of 9th Nov. 1726 and 18th
Feb. 1727. The proposal made by this Govermt. to the Govern-
ment of N. Hampshire to joyne Commissrs. wth. them for an
amicable determination of the matter in difference respecting
the line being wholly rejected by that Governmt. (v. end. i.),
the Generl. Assembly of this Province have addressed H.M. for
His Royal determination thereon and have instructed their
Agent to prsue. the matter to an issue of which your Ldships.
are without doubt fully inform'd etc. I shall carefully observe
instructions as to bills of credit, 18th Feb. Signed, Wm. Dummer.
Endorsed, Reed. 3rd, Read 8th June, 1727. 1 J pp. Enclosed,
506. i. Vote of the House of Representatives of New
Hampshire, 1st Dec., 1726. Reject proposal from
the Massachusetts Bay to appoint Boundary Com-
missioners, that having been done in vain already
several times, and the matter being now before H.M.
in Council. Endorsed, Reed. 1st Jan., 1727. Copy.
1 p. [C.O. 5, 869. ff. 407-409, 410i;.]
507. Council of Trade and Plantations to the King. Lt.
Governor Calvert having given the required security (8th Feb.
etc.), enclose draught of Instructions for H.M. signature to Lord
Baltemore relating to the Acts of Trade. Continue : As we
have made some variations from those instructions which were
formerly given to the Proprietary Governors, we take leave
to acquaint your Majesty therewith vizt., In the 5th Article,
in order to prevent the counterfeiting of certificates about
landing Plantation goods in this Kingdom, we have inserted
a clause by which Mr. Calvert is inform'd that all such certificates
will be signed by four of your Majesty's Commissioners of the
Customs in London or Edingbrough respectively ; and have
added a clause in the 18th Article, from an Act passed in the
19th year of your Majty.'s reign, to prevent the importation of
stripp'd tobacco. We have likewise added the 22nd and 23rd
articles, to prevent the Officers of the Customs from being
interrupted in their duties, by serving on juries, in the Militia
or parochial offices ; and for the more ready supplying the
vacancies that may happen in such offices, during the absence
of the respective Surveyors General of your Majesty's Customs
in America. Annexed,
507. i. Instructions for Lord Baltimore referred to in pre-
ceding. [C.O. 5, 1293. pp. 416-455.]
254 COLONIAL PAPERS.
1727.
[April 15]. 508. Governor Nicholson to the Council of Trade and
Plantations. Prays to be heard against the Act of Virginia
laying a duty upon liquors imported. The said Act enacts that
an additional Id. pr. gallon be laid for 21 years and that 200
pr. annum out of it be appropriated for the releif of the College
of William and Mary and paid half yearly to the surviving
Trustees until transferred to the President and Masters and
after such transfer then to the President and Master(s) for
supporting the full number of masters etc., and if there should
be no trustee residing in this country before such transfer then
the 200 is to be paid to the Visitors and Governors of the
College etc. As one of the surviving Trustees, Memorialist
opposes said Act as making provisions for establishing the full
number of professors in a manner directly opposite to that
prescribed by the Charter. The 200 in the shape it is given
will greatly prejudice the true interest of the College etc. The
Act is also contrary to the Governor's Instructions etc.
Endorsed, Reed. 15th, Read 18th April, 1727. lj pp. [C.O.
5, 1320. ff. 125, 125*;.,
April 18. 509. Governor Worsley to the Duke of Newcastle. The
Barbados. Princess Amelia Capt. John Misenor Commander arrived here
the 3d. instant from the East Indies when according to my
21st Instruction in relation to trade, I sent the Custom House
Officers on board with such orders as H.M. commanded me to
give them in the like case etc. Encloses copy, and reasons given
that obliged the Captain to bare away for this Island, which
was on account of a leak etc. Continues : And whereas the
Captn. gave only an account of 2,228 bales of coffee, and 6
casks of aloes, tho' I am very well informed that there is a very
considerable cargo besides ; and to prevent her trading here,
I issued a Proclamation promising a reward of 200 to any
one, who should give me inform of her breaking bulk, selling or
disposing of any of her goods etc. Upon this the Captn. and
supra-cargo prefer'd to me a petition praying leave to take out
so much of the said ship's cargo of coffee, as might so far lighten
her, as to enable workmen to come at the said leak, and to the
said petition joyned the deposition of the three mates, carpenter
and boatswain etc., and of two carpenters belonging to H.M.S.
the Berwick and Lenox, which came in here the day after the
Indiaman, and are now sailed in order to joyn Admiral Hosier ;
Capt. Dent, the Commander of the Lenox told me, that three
of the sailers that belonged to the said Indiaman, were on
board of him, and had said that their said leak was not so
considerable, but that they were willing to proceed with the
said ship to England. Wherefore I sent the judge of the
Admiralty on board to take their depositions etc. v. enclosures.
Continues : And indeed by the best information I can get,
tho' she has been here above a fortnight, the leak is not very
AMERICA AND WEST INDIES. 255
1727.
dangerous for in two or three minutes in half an hour they
can pump her dry. The Capt. and supra-cargo made a repre-
sentation to Mr. Lascells the Collector of H.M. Customs here,
word for word the same as they made in their petition to me
(v. supra), and that the coffee so taken out might be put on
board some vessel in Carlisle Bay, to be hired by them for that
purpose, and there to be kept under the custody of the Officers
of the Customs here, until the said leak should be stopt, and
then to be reloaden on the said ship Amelia ; which repre-
sentation Mr. Lascelles having laid before H.M. Attorney
General here, he was of opinion that my Instruction in relation
to the not giving any aid relief etc. to any ship, or ships arriving
here from the East Indias, which have any goods etc. of the
East Indias on board, tho' she should be in distress, danger of
sinking, or upon any other reason or pretence ; cannot be
extended to the ships belonging to the British East India
Company, and that the bare moving any of the goods or
commodities out of the said ship into any vessel, provided the
said goods or commodities be there under the custody of the
Custom house officers, cannot be deemed an illegal importation,
or breaking bulk ; which Mr. Lascelles having represented to
me in a memorial, desiring my directions or approbation to
persue the opinion of the Attorney General ; I directed him
that in pursuance of the Attorney General's opinion, he might
suffer the said Capt. to procure a vessel to lye alongside of the
East India ship to receive from her (in the presence of a sufficient
number of Custom House officers) so many bales of coffee as
requested etc. etc. And as I was informed there was a consider-
able quantity of other goods on board the said ship, which the
said Captn. reported to him to be the contents of his cargo,
that he should take particular care, that no other goods what-
soever should be removed from the said ship to the other
vessel, or out of the said ship, but the coffee, and no more of
that than what should be necessary to lighten the said ship
to come at her leak as aforesaid ; and that he should not take,
have, or receive, nor permit or suffer any person to take, have,
or receive any East India commodities in payment of any
charges the said Captn. might be at etc. ; and that as H.M.
had so strictly charged me, under the most severe penaltys,
that the laws in this case made and provided should be put
in execution with the greatest care, diligence and application,
he should take especial care to keep a sufficient number of
officers on board the Princess Amelia, as well as the ship the
Captain might hire, etc., to prevent any illegal proceedings etc.
Refers to enclosures. Continues : I shall use my utmost
endeavours to prevent any unlawfull trade, that the officers
and sailors of this ship may here attempt etc. Signed, Henry
Worsley. Endorsed, Rd. June 9th. 8 pp. Enclosed,
256 COLONIAL PAPERS.
1727.
509. i. Governor Worsley to Henry Lascell(e)s. 3rd April,
1727. Directs him to inspect the East Indiaman,
Princess Amelia, and not to allow her to land any
goods, but to give notice to the Commander to depart
without giving him any relief etc. Signed, Hen.
Worsley. Copy. 1 p.
509. ii. Mr. Lascelles to Governor Worsley. 4th April,
1727. The Captain states the cargo as in covering
letter, and he, his officers and all his people declared
that unless they could have liberty to stop her leaks and
refit, they must quit the said ship etc. Signed, Hen.
Lascelles. Copy. Ij pp.
509. iii. Consultation of the Super-cargo, Captain, three
mates, boatswain and carpenter of the Princess
Amelia 17th March, 172|. Owing to a dangerous
leak, the only way to save the ship is to bear away
for Barbados etc. Signed, Fras. Everest, John
Misener, Phin. Frognall, Charles Windebank, Robert
Thompson, Wm. Potter, John Lee. Copy. If pp.
509. iv. Proclamation by Governor Worsley. 6th April,
1727. Offers 200 reward for information of said
ship breaking bulk etc. v. covering letter. Signed,
Henry Worsley. Copy. 1 p.
509. v. Capt. Misener and Mr. Everest to Governor Worsley.
Petition for leave to lighten the ship. Described in
covering letter. Signed, Fra. Everest, John Misener.
Copy. 3f pp.
509. vi. Deposition of the three mates, boatswain and
carpenter of the Princess Amelia, as to the dangerous
nature of the leak, and that the ship must be lightened
in order to stop it. 8th April, 1727. Signed, Phineas
Frognall, Charles Windebank, Robert Thompson,
John Lee, William Potter. Copy. 2f pp.
509. vii. Petition of the three mates of the Princess Amelia
to [? Capt. Misener] 17th March, 1727. Ask him to
hold a consultation as to what is to be done in their
present dangerous condition. Signed, Phineas
Frognall, Charles Windebank, Robert Thompson.
Copy. | p.
509. viii. Duplicate of No. iii.
509. ix. Deposition of William Story, carpenter of H.M.S.
Berwick. 7th April, 1727. Corroborates No. vi.
Signed, Willm. Story. Copy. 1 p.
509. x. Deposition of William Wye, carpenter of H.M.S.
Lenox. 8th April, 1727. Corroborates No. vi. Signed,
William Wye. Copy, f p.
509. xi. Deposition of Robert Ottaway, mariner. 13th
April, 1727. The Princess Amelia makes no more
AMERICA AND WEST INDIES.
257
1727.
water than she did, and deponent would venture to
go in her to Great Britain as she is etc. Signed, Robert
Ottaway. Copy. 1 p. -
509. xii. Deposition of Robert Jones. 13th April, 1727.
Agrees with preceding. Signed, Robert Jones, his
mark. Copy. J p.
509. xiii. Deposition of John Gascoin, mariner. 13th April,
1727. Confirms preceding. Signed, John Gascoin,
his mark. Copy, f p.
509. xiv. Mr. Everest and Capt. Misener to Mr. Lascelles.
llth April, 1727. Petition for lightening the Princess
Amelia in order to stop her leak, as described in covering
letter. Signed, Eras. Everest, John Misener. Copy.
3f pp.
509. xv. Jonathan Blenman, Attorney General of Barbados
to Mr. Lascelles. April 15, 1727. v. covering letter.
Signed, J. Blenman. Copy. 2f pp.
509. xvi. Mr. Lascelles to Governor Worsley. Asks for
H.E.'s directions upon preceding. Signed, Henry
Lascelles. Copy. 3 pp.
509. xvii. Governor Worsley to Henry Lascelles. 17th
April, 1727. Order upon preceding. Described in
covering letter. Signed, Hen. Worsley. Copy. 2 pp.
509. xviii. Petition of 13 sailors of the Princess Amelia to
Governor Worsley. Petitioners would willingly have
proceeded to England. They have had very barbarous
usuage for 30 months, and pray H.E. assistance for
the security of their wages etc. Thirteen signatures.
Copy. 1 p. [C.O. 28, 44. Nos. 108, 108 i-xviii.]
April 18. 510. Governor Worsley to the Council of Trade and
Barbados. Plantations. Duplicate of preceding covering letter. Signed,
Henry Worsley. Endorsed, Reed. 5th, Read 20th June, 1727.
8 pp. Enclosed,
510. i-xviii. Duplicates of enclosures preceding Nos. i-vii,
ix-xviii (iii bis). The whole endorsed as covering
letter. [C.O. 28, 18. Jf. 356-359u., 360t;.-365, 366,
367-368, 369-370, 371, 372-376, 377-379?;., 380^.-
383, 384, 384i>., 385v.]
[April 191. 511. Proceedings of Court of Chancery, Barbados, March
22 April 19, 1727. 4 pp. [C.O. 33, 27. No. 9.]
April [ ]. 512. Arthur Middleton, President of the Council and Com-
mander in Chief of S. Carolina, to Governor Nicholson. After
a long and tedious Sessions our Assembly at last broke up,
and I think I have provided for most things necessary for the
Province. Several vessels have gone from hence to London
since the rising of the Assembly, without any letter from me
C.P. XXXV 17
258 COLONIAL PAPERS.
1727.
for I stay'd for the getting ready the Journals and Acts etc.
There is provission made in the tax for yours, Mr. Sharp's and
Mr. Yonge's mony. The General Assembly have appointed
Mr. Wragg their Agent. I hope he will be acceptable to your
Excellency etc. Encloses petition from the General Assembly
about the paper money. Continues : If there is anything
farther necessary to be done by our Assembly to put a final
end to the dispute with the proprietors, please to let me know
it and I will imediately call them to get it done ; I know you
will think it strange that the Assembly have appointed such
Commissioners to correspond with the Agent, but I could not
help it without making a stir in the house etc. The Assembly
have desired me to appoint a new Chief Justice, and I having
put it to the Council the major part of them etc. were for putting
it off till Mr. Yonge's arrival, which they say will be very soon,
as he writes to several here, and so that affair rest for some time.
The Assembly having had great reason to complain against
Harvey the Marshal have desired me to displace him, accord-
ingly I did, and put in Mr. Bampfield. I doubt not but he
will be very dutiful to and thankful to your Excellency to
continue him etc. Encloses letter from him. Continues : I
shall say no more of that fellow Whitaker only that he makes
his braggs that he has receiv'd a copy of my letter to your
Excellency, I can't persuade myself that he has receiv'd any-
thing ; or not anything more than a paragraph wherein I tell
you that he has left your interest. I again say he has and I
daily see it by his actions, etc. Complains that he has suffered
loss through a bill of exchange of an officer of the Garrison.
Continues : I wait with impatience for your coming back or
to hear further from you, for we have nothing talk'd of here
but warr with Spain, upon the first news of which I will call
the Assembly, and get Port Royal put in some posture of
defence, in the mean time I will have a watchful eye on that
side, and I am in great hopes we shall be easy with our Indians
etc. Asks H. E. to give an order for the two years salary due
to him etc. Continues : The Council has wrot to your
Excellency to desire you to get the Council fil'd up, indeed it is
time, for as here is but seven, the burthen is very great on
them, and it is as much as I am able very often to make a
Council etc. Signed, Ar. Middleton. Endorsed, Reed, (from
General Nicholson) 28th June, Read 5th July, 1727. 2 pp.
[C.O. 5, 360. ff. 1, Iv., 4v.]
April 20. 513. Mr. Middleton to Governor Nicholson. Since writing
Charles preceding, I have very little to acquaint you with, but that,
Town. since the Tax Act past etc., the people are stirr'd up to say,
that it is very difficult for them to pay, since pitch and tarr is
worth nothing ; that they want an Act to enable them to make
tender of their produce, both in tax and to theire creditors,
AMERICA AND WEST INDIES.
259
1727.
April 20.
Whitehall.
April 20.
N.
Providence.
that the present currency is to be soone sunk, which will throw
them under greate hardships wth. theire creditors, that a
Cheife Justice is wanting to regulate the Courts, and not to
have everything carryed according to the different interest and
humours of the Attorney pleading at the Barr as they say, it
now is, and severall other such complaints, and accordingly they
are from all parts signeing a petition to me, and the Councill
to have these things redresst etc. Refers to enclosures. Signed
and endorsed as preceding. 1 p. [C.O. 5, 360. ff. 2, 3u., 4>v.]
514. Mr. Popple to Mr. Fane. My Lords Commissioners
etc. send you the inclosed Act passed in Virginia in 1726, for
laying a duty upon liquors, as also a copy of the Charter of
William and Mary Colledge, etc., and desire, as soon as possibly
may be, your opinion in point of law, whether the 200 pr. ann.
appropriated by this Act for the relief of the said Colledge, is
thereby directed to be solely apply'd for and towards the
maintaining and supporting the full number of Masters and
Professors who are to reside in the said Colledge. [C.O. 5,
1365. pp. 314, 315.]
51 5. Governor Phenney to the Council of Trade and
Plantations. Acknowledges letter of 30th June. Continues :
I am sorry to find Captn. Barker did not perform his promise
in a careful delivery of the plan of the fort as I then design'd
and have now almost finisht ; But I hope your Lordsps. receiv'd
a small plan of the outworks in mine of January last. I am
very much obliged to your Lordships for sending copys of my
last papers to the Duke of Newcastle's office, but I always
transmit the same publick papers to the Secretary of State
which goes to your Lordships according to H.M. Instructions
etc. Continues : The rumour we have of an approaching war
has occasion'd me to deferr my design of throwing down the
old gate of Fort Nassau till the certainty of war or peace is
more known, and to prepare to erect a small fort more
imediately necessary to secure the Eastern entrance of the
harbour, but the very great want of gun-carriages and other
stores of war make our fortifications naked etc. The Board
of Ordnance refuse to take any notice of us, which occasions
me to send the enclosed account of stores wanting, hoping your
Lordships will continue your goodness to interceed with H.M.
for us. I have received a copy of H.M. gracious warrant for
the money lodg'd in Mr. Mulcaster's hands and am very thank-
ful for your Lordsps. favor therein, etc. The quit-rents formerly
paid to the Lords Proprietors do not appear a disencouragement
to people's settling with us, but the want of some person to
reside here with sufficient authority to survey and grant patents
of lands for such people as are already here and such as may
for the future come to settle. Refers to enclosed replies con-
cerning negroes imported etc. Encloses " an affidavit of some
260 COLONIAL PAPERS.
1727.
of our people's being lately plunder'd by a Spanish piragua,
who always I observe talk of a right to our produce and for
want of a small ship of war being station'd here I know not
how to convince those sculking fellows of the contrary, but
have great hopes we shall obtain one by your Lordsps'. repre-
sentations " etc. Signed, G. Phenney. Endorsed, Reed. 2nd,
Read 10th Nov., 1727. 2f pp. Enclosed,
515. i. Deposition of George Raddon and Benjamin Bullock,
mariners of the sloop Benjamin of New Providence.
25th March, 1727. On 18th March, being about 3
leagues W. of a key called Key Lopes (which lyes on
the edge of the Bahama Bank within the jurisdiction
of these islands) a Spanish periagoa belonging to St.
Domingo on Hispaniola boarded and plundered them,
stripping deponents of all their clothes etc. Signed,
George Raddon, Benjamin Bullock. Same endorse-
ment. Copy. 1 p.
515. ii. Answers to queries from the Board of Trade. Repeats
replies given formerly, v. C. S. P. 28th Jan. 1726,
concluding with a return of negroes imported : 1718,
30, from Jamaica ; 1721, 295 from Guinea ; 1723, 2
from Jamaica ; 1726, 15 from Hispaniola. Same
endorsement. 10J pp.
515. iii. Account of Stores of War brought to the Bahama
Islands by Govrs. Rogers and Phenney and what
remained in Jan. 1727. Signed, Tho. Butler, Gunner,
Willm. Shott. Same endorsement. 2j pp.
515. iv. Accounts of stores of war wanting. 10th March,
1727. Signed, G. Phenney and six Councellors. Same
endorsement. 2 pp.
515. v. List of Christenings, marriages and burials in the
Bahama Islands for 1726. Signed, Tho. Curphey,
Minister. Same endorsement. 1 folded p. [C.O. 23,
2. ff. 107-110, 111U.-117, Il9v.-I22v., 123i;.-124t;.]
April 20. 516. Governor Phenney to the Duke of Newcastle. Refers
N. to enclosures and repeats concluding portion of preceding
Providence. cover i n g letter. Signed, G. Phenney. Endorsed, Rd. Nov.
4th. 1J pp. Enclosed,
516. i. Minutes of Council of the Bahama Islands, 16th May,
1726 1st Feb., 1727. 54 pp.
516. ii, iii. Lists of ships entered and cleared, New Provi-
dence, 30th Sept. 25th Dec., 1726. Signed, Jno.
Warner, Navl. Officer. 6 pp.
516. iv vi. Duplicates of encl. iii v preceding.
516. vii. Accounts of public revenue, 1726. Totals :
Receipts, 323 125. Id. Expenditure : 85 125. 9d.
Signed and sworn in Council by, Pr. Goudet, Treasurer.
2 pp.
AMERICA AND WEST INDIES. 261
1727.
516. viii. Duplicate of encl. i. preceding.
516. ix, x. Lists of ships entered and cleared, N. Providence,
Dec. 26, 1726 March 25, 1727. Signed, Jno. Warner,
Naval Officer. 4 pp.
516. xi. Duplicate of encl. ii preceding.
516. xii. Petition of Governor and Council of the Bahama
Islands to the King, for the removal of Lt. Ferrall.
Duplicate of C. S. P., Sept. 20, 1726.
516. xiii. Petition of Same to Same. 10th April, 1727. The
scituation of the Bahama Islands making it absolutely
necessary for the preservation and safety of the Trade
and Navigation between your Majesty's American
and West Indian colonys that they should be and
remain part of the British Dominion as well as for
the command the possessors of them may have of
both the windward and Gulph passages, and thereby
be a great curb on the Spaniards, of which they were
so sencible that it was the first part of your Majesty's
Dominions that they attempted in the last war, and
still continue (on pretence of being the rightful owners
of these islands) to take and pillage such vessells
belonging to us as they can meet with. On these con-
siderations Governor Phenney has repaired and
augmented the fortifications etc., but we are no ways
capable of supplying the garrison with stores of war,
the quit-rents, tenths and royaltys being in the hands
of the lessees to the Lords Proprietors and not applied
to publick uses. No proper person being resident
with sufficient authority for surveying and granting
patents for lands discourages the peopling of these
islands etc., as is the want of an Assembly to compose
a body of laws suitable to the circumstances of the
Colony. And it appears to us by the accounts laid
before us that since the Lessees have ceased sending
their shipping hither, the charges in transporting
recruits for your Majesty's Independant Company
runs so high as makes it impracticable upon the
savings thereof sufficiently to supply it etc. Pray for
a supply of stores of war, officers and gunners, the
appointment of a resident surveyor, authority given
for calling an Assembly, appointment of a ship of war to
be stationed there, which may transport the necessary
recruits, and the appointment of another independant
company, at least during the threatened war with
Spain. Signed, G. Phenney and 9 others. 2 pp.
516. xiv. Address of the Council, magistrates and principal
inhabitants of Providence Island to Governor Phenney.
24th May, 1724. Thanks for Broad Seal and request
a small stationed ship etc. 31 pp.
262
COLONIAL PAPERS.
1727.
April 21.
St. James's.
April 21.
St. James's.
April 24.
St. James's.
516. xv. Address of the Justices, Grand Jury etc. to Governor
Phenney. 24th Aug. 1724. Duplicate of C. S. P.
Dec. 3, 1724, encl. ii.
516. xvi. Address of the Justices, Grand Jury and principal
inhabitants of New Providence met at the Quarterly
Sessions to Governor Phenney, Feb. 26, 1726. Express
satisfaction at H.E.'s application in directing the
soldiery in garrison in rebuilding and augmenting the
ruined fortifications etc. Continues : We have been
long sencible that your Excellency receives no assist-
ance from the Bahama Society towards carrying on
the public works, and the few negroes we have been
at times able to spare are but a small help etc.
Throughout your administration you have shown the
strictest regard to justice etc. 40 signatures. Copy.
2pp.
516. xvii. Address of Same to Same. 28th Feb., 1727.
Request H.E. to assure H.M. of their loyalty etc. and
to petition him for a grant of stores of war and the
appointment of a Surveyor, and patenting of lands,
and permission to hold an Assembly, " when we will
agree in promoting H.M. interest and the mutual good
of his subjects " etc. 25 signatures. Copy. 2 pp.
[C.O. 23, 13. ff. 442, 4420., 445-471*;., 4720.-473,
474-476*;., 478-479, 4800., 481, 4820., 483, 484, 4860.,
487, 4880., 489, 490-4940., 4960., 497, 4980., 499,
5000., 501, 5020., 503, 5040., 505, 5060., 507.]
517. Order of King in Council. Approving draft of Com-
mission for Governor Hunter. Signed, Ja. Vernon. Endorsed,
Reed. 3rd, Read 4th May, 1727. 1 p. [C.O. 137, 16. ff. 361,
3620.]
518. Order of King in Council. Referring letters from Mr.
Ayscough (0. 26th Jan.) to Committee of Council. Signed and
endorsed as preceding. 1 p. [C.O. 137, 16. ff. 365, 3660.]
51 9. President Ayscough to the Duke of Newcastle. Refers
to letter of 15th Feb. and Minutes of Council and Assembly
now sent to the Board of Trade. Continues : The Assembly's
behaviour has been such that put me under a necessity of
dissolving them on the 17th of March. Your Grace will please
to observe from the Speech I made to them at the opening of
the Sessions herewith inclosed that I laid before them in the
most pressing manner H.M. commands concerning the draught
which had been so earnestly recommended to them by H.M.
for perpetuating their laws ; But they treated the same with
disdain, for the first thing they did, without so much as reading
it they put it to the vote whether they should receive the said
AMERICA AND WEST INDIES. 263
1727.
draught or whether it should be on the table, and it was carried
for the latter ; The next thing they fell upon was concerning
a decree that was sent over hither from the Court of Delegates
for awarding restitution for some unwarrantable captures
formerly committed by some privateer vessels ; and one
Leaver, who had been a part owner of one of those vessels, was
taken by the Provost Marshall in execution upon the process
issued out of the Court of Delegates in England, and pursuant
to that decree the Provost Marshall detained the said Leaver
in his custody until such time restitution should be made
agreeable to the sentence of the said Court : soon after that
Mr. Leaver was taken into custody some of his friends procured
him to be elected an Assemblyman imagining (as I suppose) his
being elected after he was taken in execution would be a means
of procuring his enlargement and thereby evade making resti-
tution etc. ; and accordingly on the 4th of March Mr. Leaver
presented to the House a petition complaining of an illegal
commitment and detainer by the Provost Marshall and demand-
ing his seat in that House ; whereupon the Provost Marshall's
Deputy was served with an Order of the House commanding
him to deliver up the said Leaver, or the Provost Marshall to
attend and show cause to the contrary ; To which the Provost
Marshall made a return to the House of all the process and
proceedings that had been in that cause ; then a day was
appointed for hearing Mr. Leaver's Council at the Barr of the
House, which was heard accordingly on the 15th, and the
House came to an unanimous resolution that Mr. Leaver was
illegally detained by the Provost Marshall, and ordered their
Speaker to sign a warrant for his immediate enlargement ; and
the Provost Marshall's Deputy being served therewith by the
Messenger of the House, he made some hesitation at it, and
some words happening between the Provost Marshall about
delivering Mr. Leaver up, the Messenger made a report thereof
to the House ; Upon which they ordered their Speaker (without
the least application to me) forthwith to issue one of the most
extraordinary warrants that ever yet was assumed by an
Assembly in this Country ; for they therein empowered their
Messenger to call to his aid and assistance all Magistrates,
Justices, Constables, fitting men and other Civil Officers for
the siezing and apprehending the Provost Marshall and his
Deputy, which obliged the latter to abscond, and the Provost
Marshall was forced to have recourse to me at the King's house
for protection, whom I was obliged to aid and assist in the
execution of that sentence in obedience to the commands I had
received in a letter from my Lord Townesend which accompanied
that decree. Then the Messenger with several others in a
tumultuous manner had the impudence to endeavour to sieze
the Provost Marshall's chariot before the door of the King's
house when he himself was then on business with me ; so great
264
COLONIAL PAPERS.
1727.
April 24.
Jamaica.
a piece of insolence and indignity offered to the King's authority
became insupportable especially when I saw a tumult was like
to ensue, which made me summon a Council and laid the whole
proceedings of the Assembly before them, and they advised
me to dissolve them immediately, which I did by proclamation ;
and writts are now out for a new Assembly to convene the 23rd
of May next. Your Grace will plainly observe from a view of
their proceedings the absolute necessity there is for representing
to H.M. the incroachmeiits on the Prerogative which Our
Assemblys endeavour daily more and more to grasp at ; and
it is become a common saying among some of the leading
Members that if a Governour don't yield to their desires they
will grant no supplies, and that if the Government can subsist
without money they can do so without laws ; such is the present
humour of the people and I am really apprehensive of their
continuing in the same disposition of mind until some vigorous
measures are taken by H.M. or the Legislature to bring them
to a due sense of their duty, and dependence upon the Crown
of Great Britain. From my speech your Grace will please to
observe the state and condition of this Country ; the droughth
still continues to that degree the like was never known here,
and there is neither trade nor money stirring, in short the Island
is in a deplorable condition : When I came to the administration
of affairs I found the Revenue greatly in debt, the funds antici-
pated ; and the Assembly have not thought fit to give one
shilling to the support of the Government ; the country sub-
sistence for the soldiers expired in February so that they are
now driven to great want ; from all which your Grace must be
sensible of the many difficulties I have encountred even to keep
the publick peace and quiet of the Island : I should be untrue
to the trust H.M. has reposed in me did I not lay these things
before your Grace with the utmost candour and integrity that,
if H.M. thinks fit, proper remedies may be speedily applied.
Signed, J. Ayscough. Endorsed, R. 10th July. 4 \ pp. Enclosed,
519. i. Duplicate of Feb. 15th.
519. ii. Copy of the Daily Journal, London, 6th May, 1727,
publishing the Address of the President and Council
to the King (v. C. S. P. 14th July, 1726). Printed.
2 pp. [C.O. 137, 52. ff. 326-328, 329y.-332r;.]
520. President Ayscough to the Council of Trade and
Plantations. Refers to letter of 26th Jan. Continues : I am
now to lay before your Lordships a detail of the proceedings
[of the Assembly] which have proved so undutiful and disrespect-
ful to H.M. and his authority that it put me under a necessity
of dissolving them on the 17th of March. Continues as pre-
ceding covering letter. Signed, J. Ayscough. Endorsed, Reed,
llth July, Read 28th Sept., 1727. 4|- pp. Enclosed,
AMERICA AND WEST INDIES.
265
1727.
April 25.
South
Carolina,
Charles
Town.
April 25.
Whitehall.
April 25.
April 26.
South Car.
520. i. Copy of the Weekly Jamaica Courant, 22nd March,
containing President Ayscough's Speech to the Council
and Assembly 1st March, 1726(7). Endorsed, Reed,
llth July, 1727. Printed. 4 pp. [C.O. 137 17
ff. 13-15, 16u., 18-190., 20w.]
521. Extract from a letter from a Merchant in Charles
Town to a London Merchant. Our precinct Court hath not
answered the expectation of the country people and the last
sitting the Assembly past another law for the better establishing
those Courts wherein there shall be no process but by an arrest
for debt and not by summons as formerly, and the people have
so farr deterred the Marshall from going into the country that
few or no debts will be recovered. The people are very much
in debt are now entering into an Association to pay no taxes,
the next step will be paying no debts, subvert the Governmt.
and become Levellers. I never saw such a spirit in the people
as now and how it will end God knows. One of the Heads is
now in prison but its expected he will be rescued and when a
mobb is together nobody knows what mischief may be done
for my part I intend to pack up books bonds and papers and
send them on board the man of warr. Endorsed, given in by
Governor Nicholson (?. to the Duke of Newcastle's Office), July,
1727. Copy, f p. [C.O. 5, 387. No. 71.]
522. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, Act of Pennsylvania, 1726, for re-emitting such
bills of credit as by former Acts are directed to be sunk, etc. [C.O.
5, 1294. p. 1.]
523. Mr. Fane to the Council of Trade and Plantations.
Report upon Liquor Act of Virginia in reply to 20th April. The
money cannot be applied to the support of the masters till after
the College is built, in accordance with the Charter etc. v. April
26. Signed, Fran. Fane. Endorsed, Reed. Read 25th April, 1727.
3 pp. [C.O. 5, 1320. pp. 127-1280.]
524. Edward Massey, Capt. of an Independent Company
of Foot at Fort King George, to the Rt. Honble. Henry Pelham
(Secretary at War). In obedience to H.M. commands signified
to him at London, 19th Aug., reports upon the condition of his
company, etc. The Fort (if a place incapable of defence may
be called by that name) is 150 miles beyond any Settlement,
and in the most desert part of the Province, for the security of
which or any part of its trade, it might as usefully have been
placed in Japan, it's whole extent does not exceed J of an acre,
part of it is in a marsh, which renders the air extremely unwhole-
some, this joyn'd to the hard necessity of eating salt provision
all the year, has destroyed great numbers of men, of which the
death of 4 Commission Officers a Surgeon and 130 odd Serjeants
266
COLONIAL PAPERS.
1727.
and private centinells in six years, is too fatal a proof, not to
mention the great desertion it has occasioned. We are destitute
of every inconveniency and accommodation, and under the
greatest difficulties in procuring even salt provisions ; which
must be laid in once a year, there being but one season for
growing beef and pork, great quantities of which go bad in six
months. This has occasioned frequent mutinies, and the
men would desert in a body, if they had no hopes of being
relieved. Refers to " the unaccountable and injurious treat-
ment we receive from the Country, for whose assistance and
relief H.M. was pleased to raise and pay the Company, they
deny quarters to the recruits when landed, as likewise to any
detachment on service, and refuse to supply the Garrison with
either bedding, fire or candle " etc. Describes lack of accom-
modation in the Fort etc. Continues : Cannon indeed I
have, but without ball, hammer or sponge, for all which
I have applyed and been refused etc. I find I am not to
expect assistance from the country, who I firmly believe
(some few persons excepted) would sacrifice not only this
unfortunate Company, but all H.M. Forces if in their power,
could they either save or gain half a score paltry negroes
by it etc. On the strictest enquiry I cannot find, the late
fort was burnt by design, but have reason to suspect the
men were not so active as they might have been in extinguish-
ing the fire, in hopes they should be delivered from the
miseries they had so long suffered, which are inexpressible
etc. Has composed differences amongst the Officers etc. P.S.
In divers parts of the Province for some days past, the
people have been, and are assembling in a riotous manner under
pretence of petitioning, but in reality forming a seditious if
not treasonable Association. Yesterday one of the Ringleaders
was apprehended and committed by Mr. Skeene one of H.M.
Councill. April 27th. Just now a Justice of the Peace has
granted quarters to two men of my Company, to guard a
criminal convicted of murder etc. They still refuse quarters to
recruits or any detachment on the King's service. Signed,
Edwd. Massey. 3pp. [C.O. 5, 387. Nos. 72, and (part only) 73.]
April 26. 525. Council of Trade and Plantations to the King.
Whitehall. Propose Act of Virginia for laying a duty on liquors, 1726, for
H.M. royal approbation, after stating objections urged against
it by Governor Nicholson, one of the Trustees of the College
of William and Mary, and the Board's views thereupon. Set
out, A. P. C. III. pp. 153-156. [C.O. 5, 1365. pp. 315-322.]
April 28. 526. Mr. Popple to Mr. Fane. Encloses, for his opinion
Whitehall, in point of law, Act of Antigua, 1726, for laying a duty of powder
and money on all vessels trading to or from this Island, for the
defence of the Island etc. [C.O. 153, 14. p. 232.]
AMERICA AND WEST INDIES.
267
1727.
April 29. 527. H.M. Commission to the Bishop of London for the
exercise of the Spiritual and Ecclesiastical Jurisdiction of the
Plantations. Printed. 6 pp. [C.O. 5, 192. ff. 310-312*;.]
April 30.
Annapolis
Royall.
528. Lt. Governor Armstrong to the Duke of Newcastle.
Since my last dated 24 November (sic), I have the mortification
to tell your Grace for H.M. information that there arrived here
from Boston one Mr. Gambell formerly a Lieut, in the army,
who I am told came from England with Major Cosby to Boston
where the Major still continues, tho' I have order 'd him to his
post at Canso, and in defiance and disobedience to my orders
stays in New England to know the result of the said GambelPs
fallse complaints against me, after his arrivall here from
England he associated himself with some Boston antimonarchical
traders, who together with some evil intended french inhabitant
that had lately taken the oaths of fidelity to his most gracious
Majesty, which they never could be brought too before by any
former Commander, and incited them to signe such complaints
as he had formed against me, telling them I had no power nor
authority to administer them such oaths, and also that Major
Cosby would be with them this spring with full power to govern
the Province, in short he has instilled such rebelious principels
into the inhabitants of Minos and Boabassin, two of the
principall settlements ; to the former of which I sent Capt.
Bennett to administer the oaths and Eno. Philipps to the latter,
they are both return'd with the said inhabitants answers and
resolutions not to take any oath but to their Notre bon Roy du
France, as they express it (v. encl.\ and all this occasioned by
the incitement and ill conduct of the aforesaid Mr. Gampell
and three or four New England traders, who are now tradeing
with the said inhabitants that are rebells against H.M. and this
his province of Nova Scotia etc. The French Missionery
preists, at the abovesaid places have assembled a great body of
Indians, with a resolution to begin the warr against H.M.
subjects of this Province and New England, all which troubles
are occasioned by the abovesaid Mr. Gambell and his abettors.
I must begg your Grace's protection against the said GambelFs
complaints, for sure I am he must be incouraged by some
people that enemys and envy me the honour of making a peace
with the Indians, and setleing affairs upon a just footing in
this Province for H.M. service. Otherwise he would not
presume to come into this Govermt. of himself, and committ
so many evil practices against H.M. intrest here, and with
so much contempt against me, that does all that lyes in my
power for the dignity and honour of my King and Countrey.
I must in conjunction with the rest of our Officers obsarve to
your Grace the present state of this Garrison (end. iii) to be
lead before H.M. for his information etc. etc. whereby you will
see the absolute necessity either to repair it or demolish it, and
268 COLONIAL PAPERS.
1727.
errect another fortification at Minos or wherever it shall be
thought most proper to quell the rebellious inhabitants to their
duty and obedience to his most gracious Majesty King George.
I most humbly represent to your Grace the necessity of sending
some presents such as I mentioned in my last by which means
the Indians may be kept to presarve the peace so lately effected
both with pains and trouble after the loss of many of H.M.
subjects barboursly massacred and murdered in the last warr
with them etc. The Marquiss de Bournoire Govr. Genii, of
New France or Quebeck has assembled the heads of nine Castles
or Tribes of Indians and demanded of them who had made
peace with the English, up stood three of the Chiefs and
declared they had, upon which the Marquiss tould them
he had nothing further to say to them, but as for those that
would continue the warr's he had presents for them in powder,
ball, arms, cloathing etc. ; this news was transmitted by the
Lieut. Governour of New England, and also pritty nearly
confirmed by the Indians themselves, that has a mind to
preserve the peace, they tell me two warlike savage Nations
beyound Queebeck towards the River Massacipy, are comeing
to make warr upon the savages that made the peace with H.M.
Provinces as well as naturall subjects, the said Indians further
have informed me that 25 Chiefs are actually gon to Queebec
to know the Governour's reasons for disturbing their present
tranquility, all this may be a fetch of the Indians who are given
to stratagem and conning in order to amuse us from being on
our guard, which they will be mistaken in, yett they have
promised me they will return from Queebec, and bring me the
Governours answer to their demands. Monsr. St. Ovide the
french Govr. of Cape Britain last fall sent letters to me and
the late deceased Lt. Govr. Doucett for liberty to have chosen
refreshments for himself and his officers on board a vessell he then
sent which vessell winter'd here and is now purchassing the said
refreshments with money, for he brought nothing else, which
I have thought proper to indulge him in, in regard to the frend-
ship and alliance between the two Crowns, and that the french
Governmt. might not complain of our want of friendship to
them. May it plase your Grace even this indulgence is
censured by the New England marchants, and I beleive there
will be complaints sent home against me for so doing ; but I
shall do nothing but what I shall acquaint your Grace and
Lords Commrs. for Trade and Plantation off, etc. Continues :
The bearer, Capt. Bennett can further tell your Grace the
dispossition of the people or French inhabitants of this Province
and also of the conduct of their missinary preists ; who instill
an inculcated heatred into both Indians and french inhabitants,
against the English, he can also inform you what difficultys I
have laboured under to gett provissions for my ready money
to suport the King's troops with dureing the time I have been
AMERICA AND WEST INDIES. 269
1727.
here. I most humbly begg your Grace's protection for this
Gentleman and hope you will dispatch him back as soon as
possible with some orders and instructions how I shall act in
the aforesaid emergencys etc. Signed, L. Armstrong. Endorsed,
Rd. Jan. 23, 172|. 6 pp. Enclosed,
528. i. Deputies of the inhabitants of Beau Bassin to Lt.
Governor Armstrong. We cannot take the oath you
require from us, by reason of the savages, who have
threatened to take the hatchet against us, so soon
as we shall have signed it, and because we wish always
to be faithful to Our good King of France. We submit
to your Government, however, paying the taxes as
we did whilst under the French etc. Signed, Charles
Bourgeois and 4 others, their marks. Copy. French.
2 pp.
528. ii. Ensign Philipps to Lt. Govr. Armstrong. The
inhabitants of Beau Bassin (Chignectou) resolutely
refused to take the oath I tendered them (v. preceding).
They said that rather than sign it they would leave
their habitations and repair to the Island of St. Johns.
One said that there was no encouragement for their
takeing the oath, and that the inhabitants of
Annapolis Royal that had already sign'd were worse
treated than ever before, their oxen being worked on
the King's account, without being paid for them.
Joseph Ignace, the Missionary preist, incited them to
this course. He often repeated to me in private the
number of young men that could bear arms in the
place and that he himself would take up arms rather
than the people should sign. There are 120 heads of
families there. It was impossible to have any just
account of their black cattle and sheep. As to your
Honour's directions to them not to transport any of
their corn or cattle out of the province without the
Governors and Councils leave, they answered that
they thought themselves at liberty to dispose of their
goods to the first that would pay for them, whether
French or English etc. Signed, E. S. Philipps. Copy.
31 pp.
528. iii. Capt. Bennett to Lt. Gov. Armstrong. In spite of
all my persuasion the inhabitants of Menis refused to
take the oath etc. cf. preceding. Concludes : " In
my opinion they are too a man intirely disaffected to
the Government of Great Brittain." 2j pp.
528. iv. Deputies of inhabitants of Mines to Lt. Govr.
Armstrong. Cf. preceding. The terms of the oath
frighten the inhabitants from taking it, but they
assure your Excellcy. that they will not commit any act
of hostility etc. 24 signatures. Copy. French. 2 pp.
270
COLONIAL PAPERS.
1727.
528. v. Further representation on the state of the fort at
Annapolis Royal. Since our last the breaches have
increased etc. Describe rotten state of the drawbridge
and gateway etc. At their own expence Lt. Gov.
Armstrong and the Captains of the Garison have
palissaded the ramparts within the parapet etc.
Signed, L. Armstrong, and 11 Officers of the Garrison.
1 p. [C.O. 217, 38. Nos. 15, 15. i-v.]
April 30. 529. Lt. Governor Armstrong to the Council of Trade and
Annapolis Plantations. Duplicate of preceding covering letter, mutatis
Royal. mutandis. Signed, L. Armstrong. Endorsed, (Duplicate,
original not reed.) Reed. 23rd Jan., Read 31st May, 1728.
4f pp. Enclosed,
529. i-v. Duplicates of enclosures i-v, preceding. [C.O.
217, 5. 'ff. 26-31U., 32u.-34z;., 35t;.-36 ; and
(duplicate of covering letter) 217, 30. pp. 23-25.]
April [ ]
Whitehall.
[April].
530. [? Duke of Newcastle] to President Ayscough. I have
received your letter of 16th Dec. with the proceedings of the
Council of Jamaica, with regard to the supplying Admiral
Hosier with men ; which having been laid before the King,
H.M. was extremely well satisfied with the great care and
diligence that had been shown on that occasion, and the ready
compliance with the Admiral's request ; which H.M. takes
the more particular notice of, as it happened at so important a
juncture. From this instance of their zeal for H.M. service,
He is fully persuaded of their giving the same ready assistance
in any case of the like necessity, and that you will not be wanting
on your part to contribute towards it. I wish I could at the
same time acquaint you with H.M. approbation of the pro-
ceedings of the Assembly with regard to the settling the laws
of the Island ; but I find by this and your former letters, that
they are not so sensible of H.M. gracious intentions towards
them, as might be reasonably expected ; however, I will not
now enlarge upon this subject ; since H.M. has been pleased
to appoint Brigr. Hunter to be Governor of Jamaica, who will
soon set out with full Instructions on that head. In the mean
time H.M. has commanded me to signify to you His entire
approbation of your conduct, being sensible that you have
not been wanting in your endeavours to convince them of
what has been recommended to them ; and H.M. questions
not but you will continue to act with the same zeal and
vigilance for His service and the good of the Island, so long as
the Government thereof shall remain in your hands. 2 pp.
[C.O. 137, 52. ff. 312, 3l2v.]
531 . Bill of lading of the Anne brigantine, Capt. Thomas
Jenkins, commander. Merchandize to the value of 600
shipped by Cha. Lewen. 1 slip. [C.O. 388, 27. A 7 o. 81.]
AMERICA AND WEST INDIES.
271
1727.
May 2.
Admty.
Office.
May 2.
Whitehall.
May 2.
Whitehall.
May 3.
Whitehall.
532. Mr. Burchett to Mr. Popple. H.M.S. Argyle, Capt.
Bouler, and the Ludlow Castle, Capfc. St. Lo, being designed to
go convoy this year to Newfoundland, etc., asks for Instructions
and Heads of Enquiry etc. Signed, J. Burchett. Endorsed,
Reed. 2nd, Read 3rd May, 1727. Addressed. 2| pp. [C.O.
194, 8. ff. 46-47*;.]
533. Mr. Popple to Mr. Ayscough, President of Jamaica.
Acknowledges letters of 2nd Oct/and 26th Jan. last. Continues :
My Lords Commrs. desire, you will send as soon as you
possibly can, the other accounts you promise to transmit,
and that you will be punctual in transmitting a regular acct.
of whatsoever is transacted during your administration. My
Lords are very much eoncern'd to find by the proceedings of
the Assembly, sent 26th Jan., that they are so little inclinable
to do their part towards restoring the publick tranquility of
the Island ; But as H.M. has at present the state of Jamaica
and the particular proceedings of your Assembly under his
immediate consideration ; when he has been pleas'd to
determine thereupon, further orders will be sent to Jamaica
upon this subject. [C.O. 138, 17. pp. 135-136.]
534. Same to President Carter. Acknowledges letter etc.
of 4th Aug. and 14th Jan. last, and Major Drysdale's letters
of 29th June and 10th July. Acquaints him with the Board's
recommendations concerning the Council (22nd and 29th
March), and of the Act for laying a duty upon liquors etc.
(Ap. 26th). [C.O. 5, 1365. pp. 322, 323.]
535. Order of King in Council. Ordering the Council of
Trade and Plantations to prepare draughts of Instructions for
all Governors of H.M. Plantations in America upon the several
points contained in following petition. Signed, Robert Hales.
Endorsed, Reed. 8th, Read 9th May, 1727. If pp. Enclosed,
535. i. Petition of Edmund, Bishop of London, to the King.
Prays that instructions may be sent to the several
Governors to cause the laws against blasphemy,
profaneness, adultery, fornication, polygamy, incest,
prophanation of the Lord's Day, swearing and drunken-
ness to be put in execution, since by his Commission
(v. A. P. C. III. No. 74), the ecclesiastical laws against
these crimes and vices may not be executed upon the
laity in the Plantations ; and that the Governors be
instructed earnestly to recommend it to the several
Assemblies to provide laws for the restraint and
punishment of the abovementioned vices against
which no laws are as yet provided, and to provide
for their presentment upon oath to the temporal
Courts, by the Churchwardens, at times appointed,
272
COLONIAL PAPERS.
1727.
May 4.
Whitehall.
May 4.
Whitehall.
May 4.
Charles
Towne.
as is already provided in the laws of Virginia etc.
Prays that the Governors be instructed to enter upon
proper methods for the erecting and maintaining of
schools, etc. Printed, N. J. Archives, 1st Ser. V. 159,
161. Copy. 2J pp. [C.O. 323, 8. Nos. 71, 71 i.]
536. Duke of Newcastle to Council of Trade and Plantations.
An Instruction is to be prepared for Major General Hunter,
relating to his appointments, agreeable to that which was
prepared for the late Duke of Portland etc. (v. C. S. P. llth
Oct., 1721). Signed, Holies Newcastle. Endorsed, Reed.,
Read 4th May, 1727. Sent for back by D. of Newcastle, 9th
May. Reed., Read again 19th May. 1 p. [C.O. 137, 16.
ff. 363, 364z>.]
537. Duke of Newcastle to the Council of Trade and
Plantations. Refers following for their report. Signed, Holies
Newcastle. Endorsed, Reed., Read 9th May, 1727. 1 p.
Enclosed,
537. i. Petition of William, Earl of Denbigh, to the Duke of
Newcastle. States claim to the plantation called
Pensez-y-bien in the French part of St. Kitts and
prays for H.M. grant of the same. 2J pp. [C.O.
152, 15. ff. 318, 319, 320, 320u., 8210.]
538. President Middleton to Governor Nicholson.
Acknowledges letter etc. of 6th and 7th Feb. etc. Encloses
Address from the Council to H.M., but as the Assembly are
up, it will be difficult to get one from them. Continues : I
designe as soon as possible to send for the Militia Officers and
get them to doe the same, and also the Reverend the Clergy
etc. Your Excellency complaines of the unreasonable pro-
poseall of Mr. Trott, for printing our Laws. I assure you Sr.
it came from the Lower House of Assembly, but as I never
did, or will give into it, soe, it dropt at our Board, and I am
well assured, that noe Gentleman of the Councill, did under-
hand countenance him in the said proposeall. Mr. Boone has
not gott his money, and he may petition, as you say, I will
let him know it. Wee have an acct. (by the way of the
Maderas) that the Warr is begun in Spaine. I shall take the
best care, I can, to put H.M. Province in best posture of defence,
and shall in a small time goe myself to Port Royall and carry
with me amunition and other stores for the defence of that
place, but after all that i can doe, your Excellency very well
knows the weakness of that part of the Province. Encloses
copy of Representation (v. 6th May end. i) which has been
industriously handed about amongst the people in the Northern
parts of this Governmt., and by a few designing men. You
will see in the said paper, what they complaine of, as the tax,
tho' not one penny more is raised then what is due, the Act for
AMERICA AND WEST INDIES.
273
1727.
May 6.
Ludlow
Castle,
Margate
roade.
keeping white servants, the burning the bills etc., but as I have
taken a great deal of paines to appease and satisfye the people,
and have been at the head of the severall companys to the
northward and have put a stop to all such proceedings, and
everybody is now easy and quiet, I beleive it may be repre-
sented to your Excellency, that the people's veiw in this
proceeding was to oversett the Governmt., but it is false, and
I am very well assured, it is far from the heart of any one of
them. It is true they have given theire reasons in theire
paper, but when I have put it home to some of theire cheifs,
they confess to me, that they are uneasy in theire private
circumstances, for the great numbers of negroes, that have
been imported within these three or four yeares (v. \8th Jan.
supra), have run them prodigiously in debt, and the sudden
fall, of the price of pitch and tarr, which was what abundance
of cheifly employed themselves in, has rendered numbers of
them unable to pay theire debts soone and theire creditors
comeing upon them, has put them under desperate circum-
stances. And this Sr. is really the true state of their case,
and I hope your Excellency will be soe kind to these poore
people, as not to harbour the least notion of their haveing any
disrespect to H.M. Government. They very much long to
have the affaire of the Government decided wth. the Proprietors
and that they may be entirely under his most sacred Majesty's
Government and protection. As that affaire is still in suspence,
soe it gives a handle and oppertunity to people here, of different
views and interest to make the Governmt. uneasy etc. Desires
him to put these matters before the Duke of Newcastle.
Continues : I am againe desired by the Gentlemen of the
Councill, to put your Excellency in mind to gett the Councill
filled up, they being now soe few, that theire frequent attend-
ance is very hard on them ; I must againe desire your Excellency
to get my salary paid, there being now two years due to me etc.
Signed, Ar. Middleton. 2 pp. Enclosed,
538. i. Draught of Address of the President and Council of
S. Carolina to the King. Express abhorrence of the
endeavours of the Emperor and King of Spain to
" deprive your Majesties subjects of the most valuable
branches of their trade and raise an intestine warr in
your Kingdoms by placing a Popish Pretender on the
Throne " etc. We will to the utmost of our power
exert ourselves against all your enemies etc. 1 p.
538. ii. Duplicate of Representation. No. 542 i. [C.O.
5, 387. Nos. 74, 74. i, ii.]
539. Capt. St. Lo to Mr. Popple. In reply to letter of 4th,
regrets that he cannot attend the Board as his ship is ordered
into the Downs etc. Signed, Jon. St. Lo. Endorsed, Reed.
9th, Read 10th May, 1727. 1 p. [C.O. 194, 8. ff. 50, 5lv.]
C.P. XXXV 18
274
COLONIAL PAPERS.
1727.
May 6.
Barbados.
May 6.
Barbados.
May 6.
So. Carolina.
Charles
Town.
540. Governor Worsley to the Duke of Newcastle.
Announces that the Princess Amelia (v. April 18th), having
had her leak soon stopped and cargo re-loaden, has sailed in
company with six merchant ships for London. Concludes :
If they came here to dispose of their separate cargo, I hope I have
taken effectual care to prevent them. Signed, Henry Worsley.
Endorsed, R. June 26. 2 pp. Enclosed,
540. i. Certificate of the unloading and re-loading of 924
bales of coffee from the Princess Amelia, April 19-23,
1727. Signed, G. Maxwell, Searcher. 2 pp. [C.O.
28, 44. Nos. 109, 109 i.]
541. Governor Worsley to the Council of Trade and
Plantations. Duplicate of preceding covering letter. Signed,
Henry Worsley. Endorsed, Reed. 28th June, Read 28th Sept.,
1727. 2 pp. Enclosed,
541. i. Duplicate of preceding enclosure. [C.O. 28, 19.
ff. 1, 1^., 2v., 3v.-4v.]
542. Mr. Middleton to the Council of Trade and Plantations.
It is with concern that I find myself obliged to acquaint you
with an affaire which on its appearance threaten'd the peace
of this H.M. Province. Soone after the riseing of the Generall
Assembly, severall of the inhabitants assembled themselves
together in different parts of the country, in a riotous and
tumultuous manner, and enter'd into a conspiracy and associa-
tion to maintaine each other in refuseing the payment of the
tax assessed on them by the Act of Assembly for the support
of H.M. Governmt., and prepared a representation directed to
myself and H.M. Councill containing severe and insolent
invectives against the Government in generall, accompany'd
with threats, in case they should not obtaine releife in the
matters which were the foundation of theire clamour. When
I was informed of these proceedings I immediately called H.M.
Councill, and with theire advice, issued a Proclamation
(enclosed). But finding that it did not fully answer the end
proposed, I went in person, and treated with severall of the
malecontents, wherein I had soe good successe, that they
dispersed themselves, and went home well satisfyed. Dureing
these transactions a Member of H.M. Councill, had been obliged
to comitt to prison, one of the ringleaders, he haveing got
together severall persons, and endeavouring to induce them,
to enter into the aforesaid measures after I had issued my
Proclamation ; But on the submission of his associates, wth.
theire promise to give the Governmt. noe further disturbance,
to appease the minds of the people, at theire request, I caused
him to be released ; The laws which these people cheifly com-
plaine of, have been transmitted to your Lordships and beare
the following titles, an Act for raiseing 27,4*521. 3s. 2\d. for
AMERICA AND WEST INDIES. 275
1727.
defraying the charges of the Governmt., Sept. 29, 1726-1727 ;
an Act for the better settleing and strengthening this Province.
I need not observe to your Lordships the necessity of the
former Act, without which it is impossible to support the
Government or defend the country ; and as to the latter, your
Lordships will easily discerne, that it was calculated to people
and strengthen the country to oblige persons who are possessed
of large and uncultivated tracts of land, to manure and improve
them. These My Lords, were the pretences whereby they
promoted the popular clamour, but yor. Lordships will perceive
by theire representation (a copy whereof I thought it my duty
to enclose you) that the reall cause of theire uneasiness, is the
care that the Government has taken, that the Act for sincking
the paper money should be effectually complyed with,
pursuant to H.M. Royall comands ; and the large debts they
have contracted and theire circumstances being made worse,
by the ceaseing of the bounty on pitch and tarr, have had no
small share in theire murmuring. I hope I have effectually
put a stop to any further proceedings of this nature, and shall
always use my best endeavours to preserve the tranquility,
as well as to promote the welfare of this H.M. Province.
Signed, Ar. Middleton. Endorsed, Reed. 19th July, Read
28th Sept., 1727. 2 pp. Enclosed,
542. i. Representation of the inhabitants of S. Carolina to
President Middleton. Complain that the country is
sacrificed to the malice and extortion of ill effected
men, whose punishment they have demanded, but
who remain in honour and posts. They themselves
are deprived of the right of being tried by their peers
and neighbours, and are hall'd to town and tried, it
may be an hundred miles from home. " Thus our
Courts are only a name, and we are forced to pay a
Judge 1,000 for whom no punishment is too great,
'tis he and his brethren that has subverted the laws,
injur'd every man's property, and ruined many
besides etc. He is continued, tho' our Representations
have proved, and voted his proceedings arbitrary
and illegall, and a sett of men besides proved and
voted in a combination against us, yett remain in
honour " etc. We are left a sacrifice to griping
lawyers and also to extortioners, who very often
make us pay three or four times as much as is their
just due and this for want of ~a good tender law of
country produce, or a sufficient quantity of paper
bills for the trade of the Province etc. We have not
half bills enough yet we must get them or our estates
be sold for a quarter of their value etc. Complain
that the taxes are augmented, their crops near half
lost, the bounty of pitch and tarr make that produce
276 COLONIAL PAPERS.
1727.
of little value, which was the third part of their trade,
" all which the impossibility of commanding bills
makes us unable to pay the tax and the calling in
15,000 just upon payment of tax plainly shews that
some men design the ruin of the Province " etc.
Your honour knows how unjust the tax is laid on us,
the aged, sucklings, decrepped, pay the same tax as
the best negroes, besides the un justness of the land
tax, some paying 10/- for land others 15/- for such
as is not worth the 20th part as much, which is plain
to us, that designing men have a mind to take away
our just property etc. As for us the inhabitants of
Santee and Wineau, tho' wee have paid so many
taxes, yett none of it is applyed to our service in
order to make a port, tho' we have the best con-
veniency in the Province for trade, a fresh water
river, no worms etc., which damages us 10,000 a year
by carrying our produce to town etc. Demand the
calling of the Assembly to redress their wrongs etc.
Same endorsement. 2 pp.
542. ii. Proclamation by President Middleton, 21st April,
1727, charging all officers and loyal subjects to disperse
such unlawful assemblys and to apprehend offenders,
divers seditious and turbulent persons having
assembled in a riotous, tumultuous and unlawfull
manner and entered into a conspiracy and association
to disturb the peace etc. Signed, Ar. Middleton.
Same endorsement. Copy. 1 p. [C.O. 5, 360. ff.
17, 17*;., 18u.-19i>
May 8. 543. Mr. Corbett to Mr. Popple. The Instructions to
Admty. H.M.S. Argyle etc., being now ready, asks for Heads of Enquiry
Office< etc. (v. 2nd May). Signed, Tho." Corbett. Endorsed, Reed.
8th, Read 9th May, 1727. Addressed, f p. [C.O. 194, 8.
ff. 48, 49u.]
May 9. 544. Governor Burnet to the Duke of Newcastle. Ack-
New York, nowledges letter of 18th Jan., enclosing one from Lord Clinton.
He has done all that was possible to serve him by recommending
proper persons to be entrusted with his case, but could not
himself be concerned in the prosecution, as he might have had
to hear the case on appeal or in Chancery etc. Set out, N.Y.
Col. Docs. V. pp. 817, 818. Signed, W. Burnet. Endorsed,
Rd. July 3rd. If pp. Enclosed,
544. i, ii. Duplicates of following letter and No. 549 i.
[C.O. 5, 1092. Nos. 53, 53. i, ii ; and (duplicate
of covering letter only, endorsed, R. Augt. llth), 5,
1085. No. 60.]
AMERICA AND WEST INDIES. 277
1727.
May 9. 545. Governor Burnet to the Council of Trade and Planta-
New York, tions. Hearing that previous packet was safely delivered,
does not send duplicates. Continues : I have this spring
sent up workmen to build a stone house of strength at Oswego,
at the mouth of the Onnondages River, where our principal
trade with the far Indians is carried on. I have obtained the
consent of the six Nations to build it, and having intelligence
that a party of French of ninety men were going up towards
Niagara, I suspected that they might have orders to interrupt
this work, and therefore I have sent up a detachment of sixty
souldiers with a Captain and two Lieutenants, to protect the
building from any disturbance that any French or Indians
may offer. There are besides about 200 traders now at the
same place, who are all armed as Militia, and ready to join in
defence of the building and their trade etc. The French can
have no pretence for doing it, but their lately building a Fort
at Niagara contrary to the last Treaty makes me think it
necessary for us to be on our guard against any attempts they
may make. When the house is finished it will be sufficiently
strong against an attack with small arms, which is all that
can be brought thither, and I intend to keep an Officer and
twenty men always in garrison there, which will be of the
greatest use to keep our Indians true to us, it being near the
center of all the six Nations, and lying most conveniently to
receive all the far Indians who come to trade with us. My
Lord Bellomont intended to build a fort near this place etc.,
but the design was laid by upon his death. The Assembly
provided 300 last fall for this service etc., but I have been
obliged to lay out more than double upon my own credit, to
furnish necessaries, workmen, and make battoes etc., for it
is all water carriage from our outmost town, Schennectady,
about 200 miles, except five miles, where they must draw their
battoes overland etc. I hope the Assembly will supply this
deficiency etc. Set out, N.Y. Col. Docs. V. pp. 818, 819.
Signed, W. Burnet. Endorsed, Reed. 3rd July, Read 20th
Sept., 1727. 3 pp. [C.O. 5, 1054. ff. 169-170i>.]
May 9. 546. Mr. Popple to Mr. Burchett. Encloses Heads of
Whitehall. Enquiry for the Commodore of the Newfoundland Convoy.
Same as those for 1725 v. C. S. P. April 21st, 1725. Continues :
My Lords desire that the Commadore may be directed for the
future, to be more punctual in his answers, Capt. Bowler not
having return'd such particular answers as my Lords expected
to the 20th, 24th, 25th, 37th and 45th Articles. I am further
to desire, that for the future, more time may be allowed, for
preparing the said Heads of Enquiry ; my Lords not having
yet had an opportunity of discoursing with Capt. St. Loe, to
whom Capt. Bowler has referr'd himself, for his answer to certain
of the said Queries. [C.O. 195, 7. pp. 151, 152.]
278
COLONIAL PAPERS.
1727.
May 10. 547. Governor Burnet to the Duke of Newcastle. Repeats
New York. gi s t o f No. 545. Signed, W. Burnet. Endorsed, Rd. July
3rd. 2| pp. Enclosed,
547. i. Duplicate of No. 545. [C.O. 5, 1085. Nos. 61, 61 i ;
and (covering letter only, endorsed Rd. llth Aug.)
5, 1092. No. 54.]
[May 11]. 548. State of Col. Spotswood's seating, cultivation and
improvements of his lands, showing the houses, buildings,
stock, planting and clearing etc. on the Alexandra tract
of 28,000 acres, Spotsylvania tract of 40,000 acres and Iron-
mine tract of 15,000 acres would entitle him to retain 142,360
acres according to the Law of Virginia. Ij pp. Enclosed,
548. i. Order of Spotsylvania County Court, Oct. 5, 1725,
for above appraisement, on the petition of Col. Spots-
wood etc. Signed, John Walter, Cl. Cur. 1 p. The
whole, endorsed, Read llth May, 1727. [C.O. 5, 1320.
ff. 137-138r;.]
May 12.
New York.
549. Governor Burnet to Mr. Popple. Encloses following.
Promises map of New Jersey and explains Surveyor's difficulties
in making one. Regrets to hear that leave is not given to apply
the interest money to the current service etc. Has been obliged
to adjourn the Assembly till after the harvest, and does not
expect to meet them in any good humour, since they must
meet at their own charge etc. Set out, N.Y. Col. Doc. V.
820 and N. J. Archives, 1st Ser. V. 163. Signed, W. Burnet.
Endorsed, Reed. 3rd July, Read 20th Sept., 1727. Ij pp.
Enclosed,
549. i. Account of the inhabitants of New Jersey. Totals,
Whites, 29,861. Negroes, 2,581. Set ow,*N.Y. Col.
Docs. V. 819. Endorsed as preceding. 2 pp. [C.O.
5, 972. ff. 137-138U., 140, 140?;., 143u. ; and (duplicate
of enclosure only) 5, 980. No. 43; and (duplicate of
covering letter only, endorsed, Reed. 10th Aug., Read
20th Sept., 1727.) 5, 1054. ff. 171-1720.]
May 12. 550. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before the King.
Annexed,
550. i. Same to the King. Representation upon Col. Spots-
wood's petition, 27th July, 1726, quoted. State
circumstances in which Col. Spotswood became
possessed of 9 tracts of land in Virginia, making ;
85,027 acres in all, as set out, A. P. C. III. pp. 168-
170. Continue : Of these 9 tracts all but two were
patented in or before 1719, and we believe were
regularly granted according to the custom of the
Province, upon the payment of rights, and subject
AMERICA AND WEST INDIES. 279
1727.
to the usual quit rents. Of Col. Spotswood's
possessions, we find, that he has 25,241 acres in
Spotsylvania which before the erection of this new
county were included in other counties, and subject
to the payment of quit rents ; But if your Majesty
should grant the prayer of his petition in general,
this land so included in Spotsylvania county, would
be exempt from paying any quit rents to your Maiesty,
for the term of seven years, as well as the land lately
taken up there. As to the two tracts (above-
mentioned), vizt. the Spotsylvania tract of 40,000
acres, and the tract of intervening lands of 19,786
acres, as they were not regularly taken up and
patented, according to the custom of Virginia, we
shall take leave to inform your Majesty, wt. this
custom was, and also wherein the method taken by
Colo. Spots wood for granting the new lands patented
in Spotsylvania, did differ from the antient custom.
Your Majesty's Governors of the Colony of Virginia,
by virtue of their Commissns. have been impower'd
by and with the advice of your Majesty's Council
there, to settle and agree with the inhabits, for such
lands, tenements and hereditaments as should be in
your Majesty's power to dispose of, and them to
grant to any person or persons upon such terms, and
under such moderate quit-rents, services and acknow-
ledgments to be thereupon reserv'd unto your Majesty,
as they, by and with the advice aforesaid, should
think fit ; and by ancient custom this discretionary
power has been limitted in the following manner,
vizt., till 1702, no person was entituled to take up
lands in Virginia, without producing authentick proof
that he had imported one white servant for every 50
acres of land petitioned for, and a quit rent was always
reserved thereupon to the Crown, of 2s. for every
100 acres ; but in 1702, by regulation then made
in the Council of Virginia, the takers up of land were
at liberty either to produce the ancient importation
right, or to pay 5s. for every 50 acres of land contain'd
in their patents, in both which cases any person was
at liberty to take up land without limitation as to
the quantity of acres ; and we do not find that this
custom has at any time been broke in upon, with
respect to rights or quit rents, except in the grants
made of land in the two new erected counties
(Spotsylvania and Brunswick counties). But after
the Assembly had petitioned your Majesty for an
exemption of rights, and of quit rents, for a certain
term, in these new erected counties, without waiting
COLONIAL PAPERS.
1727.
to know your Majesty's pleasure thereupon, and pre-
suming that your Majesty would be graciously pleased
to grant whatever they desired in that respect, the
Governr. and Council of Virginia did grant land,
in a method never before practised, that is to say,
instead of demanding either money or importation
rights, conditional bonds were taken from the
Patentees whereby they were obliged to pay or produce
those rights in case your Majesty should think fit to
demand them : and this form of a bond was after-
wards varied into another shape, whereby the
Patentees had their option either to pay the rights
when demanded, or relinquish the land : But we do
not find that Colo. Spotswood has either paid rights,
or given security for his Spotsylvania tract of 40,000,
or for his intervening tract of 19,786. Wherefore
your Majesty's Attorney and Solicitor Genl. are of
opinion, that these grants are in consideration of
law, a deceit upon the Crown, and may be repealed,
if it shall be your Majesty's pleasure. We do find
however that Col. Spotswood did some time after
he had been superseded in that Governmt., offer his
bonds to become answerable for ye rights and wrote
to the Deputy Auditor, to acquaint him, that he was
ready to pay whatever were the demands of the
Governmt. upon him ; but it being then thought
that the acceptance of Colo. Spotswood's bonds,
would be a confirmation of his grants, his bonds were
refused by the Deputy Auditor, until your Majesty's
pleasure could be known ; and your Majesty's Attorney
and Solicitor General are of opinion that a tender
from Colo. Spotswood of the consideration, mentioned
in his grants, without your Majesty shall think fit to
accept thereof, will not make them valid etc. We beg
leave humbly to submit to your Majesty whether
any particular dispensation may be granted to Colo.
Spotswood, so far as relates to the quantity of land
taken up by him in Spotsylvania county ; and whether
he may be allow'd to hold the same free from rights,
and likewise from quit rents, for the term of seven
years, specify'd in the Lds. Justices Instructions, in
consideration of his services as Lt. Governor, and so
much the rather, because Colo. Spotswood does aver,
and has likewise offered, some proofs to us, of his
having imported numbers of white servants, and of
having made such improvements upon the lands in
question, as would have entitled him to have held
a greater quantity of lands than those he now
possesses, had the same been regularly taken up
AMERICA AND WEST INDIES.
281
1727.
before the Lords Justices Instruction, and not subject
to the restrictions therein specify'd for seating these
new counties. [C.O. 5, 1365. pp. 324-335.]
May 13. 551. Order of King in Council. The Council of Trade and
st. James's. Plantations are to prepare a draught of Instructions for Governor
Hunter pursuant to the report of the Committee of Council
upon the proceedings and Assembly of Jamaica, on the draught
of the Revenue and Perpetuity bill etc. The report is set out,
A. P. C. III. pp. 79-81. q.v. Signed, Robert Hales.
Endorsed, Reed., Read 17th May, 1727. 3| pp. [C.O. 137,
16. ff. 367-368t;., 369z>.]
May 13. 552. President Carter to the Council of Trade and
Virginia. Plantations. Acknowledges letters of 26th Oct. and 2nd Nov.
Continues : As to the case of the John and Betty mentioned
in the latter, I beg leave to assure your Lor dps. that there
never was any intention to injure the owners, or to oblige them
to an illegal payment on the dutys on their rum ; on the contrary
the money has remain'd in the Officer's hands, in expectation
of their proving the arrival of the ship before the time that
duty commenced, but as that is a fact which can only be made
appear by the testimony of the crew on board (for the ship
was not entered at the Custom house till five days after) I hope
the Officer was not to blame for insisting on the paymt. of
the dutys till that point was sufficiently proved, and
whenever it is the owners may have their money
repaid, according to a resolution of the Council (v. Minutes,
21st June). I was under no smal concern on the receipt of
the letter from your Lordps.' Secretary to find myself charged
with neglecting to dispatch the Journals of the Assembly,
till I recollected that I had forwarded duplicates of all the
Assembly proceedings in the last Session held by the late
Governor, and that I was assured your Lordps. would not fail
to observe from the prorogation made by the Governor,
that there could be no session of Assembly at the time
that letter was writt etc. Encloses Journals of Council to 6th
inst., " in which there are but few transactions that require
a particular observation." Continues : For tho' the quarrell
between the Sapony Indians tributary's to this Government,
and the Tuscoruros living within the limits of N. Carolina.
(v. Minutes 2nd Feb. and 26th April) is like to produce open
hostilitys between these petty Nations, yet I am not appre-
hensive of any consequence it can have on the publick peace
of this Colony ; I rather hope it may remove from our neigh-
bourhood that remnant of the Tuscoruro Nation who have
been most noxious to our frontier settlements. The accots.
of quit-rents enclosed etc. will show the encreases of our new
settlements, as that of the 2s. a hogshead will demonstrate
'282
COLONIAL PAPERS.
1727.
May 14.
that the late Act limiting the planting of tobacco, has made
no diminution of our export etc. The publick prints giving
reason to believe that a war is intended between H.M. and the
Crown of Spain it has been judged necessary to order the
merchant ships to sail hence in fleets under the convoy of the
man of war on this Station, who from time to time, as they can
get ready, will see them safe off this coast, and I hope will
prevent any attempt from the Spanish privateers of St.
Augustine etc. Signed, Robert Carter. Endorsed, Reed. 18th
July, Read 28th Sept., 1727. 2f pp. Enclosed,
552. i. Account of H.M. Revenue of quit-rents, 25th April,
1726-1727. Totals : Receipts (including balance
brought forward of 7,160 2s. Gd.) 9,815 17s. 3d.
Expenditure (including payment to H.M. warrant to
Peter Leheup of 5,512) 6,538 13s. 5jd. Signed
and sworn to in Council by, John Grymes, Recr. Genii.
Audited by, Nathl. Harrison, Depty. Audr. En-
dorsed, Reed. 18th July, 1727. 4 pp.
552. ii. Account of H.M. Revenue of 2s. per hhd., 25th Oct.,
1726 25th April, 1727. Totals /Receipts (including
balance brought forward of 4540 5s. 3jd.) 6,386
17*. lOd. Expenditure, 1,726 4s. 5d. Signed etc.
and endorsed as preceding. 4 pp.
552. iii. Proclamations by President Carter (i) 1st Feb.,
1726(7), proroguing the Assembly to llth May and
(ii) 21st April, 1727, proroguing Assembly to 6th
Sept. (iii) 21st April, 1727, for keeping a day of
fasting, humiliation and intercession on 10th May,
it having " pleased Almighty God for the punishment
of our sins to afflict this Colony with a long and
violent sickness and grievous mortality " etc. (iv)
26th April, 1727, offering reward of 10 for the appre-
hension of John Prowse, who last November at a
horse-race on Maherine River did assault a Saponie
Indian, setting fire to his cloths whilst he was asleep,
so that he died etc. Signed, Robert Carter. Same
endorsement. 2f large pp. [C.O. 5, 1320. ff. 153-
I57v., l5Sv., 159, 160, 161,
553.
Commodore Bouler to Mr. Popple. In response to
Argyie,inthv his letter to the Admiralty Board encloses following. Signed,
Downes. E Bouler. Endorsed, Reed. 15th May, Read 8th June, 1727.
1 p. Addressed. Sealed. 1 p. Enclosed,
553. i. Replies to Heads of Enquiry relating to Newfoundland
Fishery, Nos. 20, 24, 25, 37, 45. 3 pp.
553. ii-xv. Bonds taken by Commodore Bouler from New
England masters, obliging them to take away from
Newfoundland only such men as bona fide belonged
to their ships, unless with Capt, Bouler's permission.
AMERICA AND WEST INDIES. 283
1727.
Bonds in 500 each given, signed and sealed by Roger
Dench, 5th Oct., 1724 and 28th Sept., 1725 ; John
Miller, 4th July, 1724 and 8th Sept., 1726 ; Benjamin
Parsons, 9th Oct., 1724 ; Benjamin Norton, 9th Oct.,
1724 ; Hezekiah Eggelstone, 12th Sept., 1724 ;
Richard Mumford, 9th Oct., 1724 ; Joshua Pickman,
1st Oct., 1725 ; John Clarke, 22nd Sept., 1725 ; John
Ela, 18th Sept., 1726 ; John Moore, 9th Sept., 1726 ;
Nathaniel Freeman, 14th Sept., 1726 ; Joseph Linton,
1st July, 1726. Endorsed, Reed. March 15th, 1727.
Sealed. 14 pp. [C.O. 194, 8. ff. 86, 87-88, 89u.,
90, 91, 92, 93, 94, 95, 97u., 98, 99, 100, W3v., 104,
105, 106, 107, 108,
[May 15]. 554. Governor Hart to the Council of Trade and Plan-
Date of tations. Encloses affidavits to show that Mr. McDowall's
receipt complaint is groundless, malicious and unjust, and only contrived
to calumniate his character etc. Continues : In 1712 Governor
Douglas made a grant for three years to several persons in trust
for his son John Douglas of a plantation of 500 acres in the late
French part of St. Christophers, which bounded on the east
side with the tops of the Canada Hills, and likewise a grant to
McDowall of a plantation upon those hills, bounded on the west
side likewise with the tops of them. Lt. General Mathew
renewed the grant for 2j years in Jan. 1715 to the same trustees
for Mr. Douglas for 504 acres, and though described in a shorter
manner etc. alwaies understood to be the same lands. Mr.
Hamilton succeeding, and having been at great variance with
Mr. Douglas during his administration, would never renew the
grant to his son. But the trustees obtained a signification to
him of H.M. pleasure, 31st Dec. 1718, that Mr. Douglas should
remain in the quiet enjoyment thereof till H.M. should think
fit to dispose of that part of St. Kitts etc. ; and enjoining Mr.
Hamilton, in case he had given any grants to dispossess the
Trustees, that he should recall the same, which order was
reinforced by another letter from Lord Carteret, 14th Sept.,
1722 etc. Mr. Douglas' father had stock' t this plantation, and
he or his Lady had the management of it till his son came of
age, 1723. General Douglas, being streightned in his circum-
stances had borrowed money of one Mr. Barnardiston a merchant
of London, for which he mortgaged not only his own stock,
but his son's plantation too. But they never received any
disturbance in their possession (claiming a right up to the
very top of the Canada hills) till the latter end of 1721 ten years
after Mr. McDowall had a grant for his plantation which on
that side did adjoyn to it. Then it was that Mr. McDowall
sett up a claim to some lands below those hills, and (Mrs.
Douglas being then in England, her son in England and the
affairs of their family in great confusion) entered upon and
284 COLONIAL PAPERS.
1727.
planted the peice of land now in question, which contains little
more than three acres, and whereon his canes grew which he
complains I destroyed ; and without any legal process, but by
the force of his own will only dispossessed them. Your Lord-
ships will observe by (enclosed) proofs, that opposition at this
time was made to him, by Mr. Douglass' son in law and Mr.
Barnardiston's agents, and tho' it was not so vigorous as in
all likelyhood it would have been if Mrs. Douglas had been
present, yet tis probable it would have been more effectual,
if the persons that represented Mr. Barnardiston and Mrs.
Douglas had not been amused and deluded by the fair promises
of McDowall to refer the matter to the Surveyor etc. Mrs.
Douglas being dead, and his father in a way rather of consuming
than advancing his son's fortune, the latter thought it would
be most prudent to stock and settle his land upon his own
bottom, and to make some provision for the purchasing thereof
when H.M. should come to a resolution to sell the same etc.
He therefore proposed that if I would lend him 1,000 sterl.
upon his own security, when those lands should come to be
sold, and pay him 100 guineas a year in the mean time, he
would resign his interest in part of his plantation to me etc.
Deeds were executed accordingly, and I have advanced the
1,000 to him which has enabled him to purchase 200 acres
out of the remaining part of his plantation etc. Encloses plan
of grant so divided. Explains that upon first coming to his
government, and finding Mr. Douglas possessed of so large a
plantation as 500 acres, which was double the quantity held
by any other subject, and much greater than he could occupy,
he made a grant of 200 acres of it to himself, but when he
applied to H.M. for confirmation thereof, Lord Carteret signified
H.M. pleasure that Mr. Douglas should retain the whole
plantation, 1st June, 1723, etc. Continues : Mr. Douglas
could not cultivate it all himself, but his design was to draw
money out of my pockett, and thro' me to serve his own purposes
another way, and therefore upon receiving H.M. pleasure as
aforesaid, he made the above proposal to me.
Mr. Douglas's affairs being in this state, and he being molested
in other parts of his plantation by other people and by one Mr.
Ward, who had dispossessed him of 30 acres, which Governor
Hamilton never thought fit to restore him to, altho' he had
received express orders to do so, 30th Nov., 1720, he served
me with all these Orders and required me to put H.M. commands .
in execution, and since he had no formal grant since Mr.
Mathews's, which had been long expired, desired that I would
pass him a grant in the same terms as the first, which I thought
I was bound to do, and directed him to prepare a grant to be
laid before me in Council. When this grant was offer'd in
Council Mr. McDowall was the only person that appear'd to
oppose it, pretending that he was in possession of and had a
AMERICA AND WEST INDIES. 285
1727.
grant for some of the lands contain'd in it, and particularly
the land now in dispute, and that H.M. had signified to me by
my Lord Carteret that he should remain in the quiet enjoyment
of the lands he so possess 'd. By my agreement with Mr.
Douglas, being now become a party in this question, I desired
Mr. McDowall to produce his grant to the Council etc. for their
opinion, but he refused, and therefore I passed the grant to
Mr. Douglas, and had the unanimous concurrence of the Council
therein. Mr. McDowall was not in possession of the lands
till 4th March following the date, 13th Feb. 1722, of Lord
Carteret's letter signifying that it was H.M. pleasure that he
should remain in possession of the lands he then possessed.
As the dispute with Mr. McDowall now fell upon me etc.
I endeavoured to adjust it by amicable means, and we
came to a mutual agreement that the bounds between
us should be settled by H.M. Surveyor General, who had
surveyed both plantations before this dispute began etc. But
when the day came, Mr. McDowall flew from that agreement
etc. However the Surveyor shewed me the bounds of his
plantation, which were the same as McDowall had himself
shown him two years before, and it thereby appeared that
this piece of land was not any part of his plantation etc. Still
I was willing that he should reap the cane that was then growing
upon this land, which was a rattoon cane (that is a cane that
grows from the root a second time, after the first cane which
is called a plant cane has been cutt, without any manure or
labour, but only to free it from the weeds), and tho' this is a
cane which comes to its perfection in twelve months : yet I
waited above 18 to give him an opportunity of cutting it etc.
When it was manifest that it was unfit for making of sugar etc..,
and in all appearance he had no intention of doing anything
with it, I gave orders for planting the land, not imagining that
he had any purpose of further continuing the dispute etc. As
to the charge of destroying his provisions, no such thing was
ever done by my direction etc. But as we both of us give the
skirts of our plantations to our negroes to plant provissions for
their own use in, it is very possible that they may have com-
mitted some trespass's of this kind upon one another. This
is what happens in every plantation, and what no man can
altogether prevent, but I have taken as much care to do it as
possible, and always given directions for punishing my negroes
whenever I have heard of any such thing etc. I don't find
the damage amounts to 10s. etc. Thus the matter stood when
Mr. McDowall left this island in 1723 etc. Expatiates upon
his refusal to produce the grant he pretended to have for this
land etc. Concludes : If I am justified by your Lordships,
(as I trust I shall) I don't see but that Mr. McDowell's ends
will for the most part be answered, unless your Lordships can
find out some methods to make me some reparation for the
286
COLONIAL PAPERS.
1727.
May 16.
expence and vexation he has put me to etc. I hope your Lord-
ships will consider it ; and how hard the case of a Governor
must be, if he is to be thus vext and troubled, for obeying the
King's commands, without redress. And that this complaint
was exhibited with no other veiw, will appear the more plain,
when your Lordships consider not only the insignificant quantity
of land ; but that this complaint was made after H.M. had
issued a Commission for sale of these lands, by which no person
was to be allowed to purchase more than 200 acres, and that
Mr. McDowall without this had more than 300 in his possession
etc. Submits whether a man who has shewn so little reverence
to the authority vested in H.M. Governour, and treated it so
contemptuously, can be thought a friend to his service, or
worthy of the honour of sitting any longer in H.M. Council
here. Signed, Jo. Hart. Endorsed, Reed. 15th May, Read
28th Sept., 1727. 13 large pp. [C.O. 152, 16. ff. 4-10u.]
555. Petition of London merchants trading to, and some
of the inhabitants of Bermuda now in London to Lord Town-
shend. The Governor, John Hope, having by his oppressive
methods practised for several years past very greatly injured
the trade and welfare of the said islands, hath occasioned
several complaints to be exhibited against his administration.
But he still continues to impede the lawfull and usual course
of trade, to cause the inhabitants to be illegally imprisoned
etc., so that several have been obliged to depart to avoid his
arbitrary and illegal severities. The said complaints (by
having been long since depending) are become very expensive
to petitioners and ruinous to the inhabitants etc. Pray for
relief. Without signature or endorsement. 1 p. [C.O. 37, 26.
No. 38.]
556. Mr. Fane to the Council of Trade and Plantations.
Has no objection to Act of Antigua laying a powder duty on
vessels trading thither. Signed, Fran. Fane. Endorsed, Reed.
31st May, Read 1st June, 1727. 1 p. [C.O. 152, 15. ff. 349,
350i;.]
May 17. 557. H.M. sign manual approving the election of six new
St. James's. Fellows of St. Paul's College at Bermuda to make up the number
of nine etc. Countersigned, Holies Newcastle. Copy. [C.O.
324, 35. pp. 329, 330.]
May 17. 558. H.M. Warrant granting leave of absence for six
St. James's, months to the Governor of Bermuda. Countersigned, Holies
Newcastle. Copy. [C.O. 324, 35. pp. 332, 333.]
May 19. 559. Mr. Willard to Mr. Popple. Encloses Minutes of
Boston. Council of the Massachusetts Bay, Aug. Feb. last, and of
May 17.
AMERICA AND WEST INDIES.
287
1727.
Assembly, for sessions in Aug. and Nov., with Acts passed in
November Session. Signed, Josiah Willard. Endorsed, Reed.
30th June, Read 5th July, 1727. f p. [C.O. 5, 869. ff. 452,
4>53v.]
May 19. 560. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose extracts of Col. Hart's letter, 5th March,
and affidavits relating to " the Spaniards having seized several
English vessels trading at Sta. Crux, an island belonging to
that Government, as also an account of the cargoe of a Spanish
ship stranded at Barbuda, being retain'd at Antegoa."
Autograph signatures. 1 p. Enclosed,
560. i. Extract of Governor Hart's letter, 5th March, 1727.
560. ii vi. Copies of depositions, 5th March, encl. i v.
560. vii-xii. Copies of April 10 encl. i-vi.
560. xiii. Extract of Governor Hart's letter April 10th, 1727.
560. xiv-xv. Copies of April 10 encl. vii, viii. [C.O.
152, 40. Nos. 19, 19 i-xv ; and (without enclosures)
153, 14. p. 233.]
May 22. 561 . H.M. Warrant to Attorney and Solicitor General to
St. James's, prepare a bill appointing Bryan W T heelock Clerk of the Markets
in Jamaica. Countersigned, Holies Newcastle. Copy. [C.O.
324, 35. pp. 333, 334.]
May 24. 562. Extract of a letter from a Merchant in S. Carolina
to a Merchant in London. I suppose you'l have an account
of the tumult there is amongst the people here, especialy
in our Northern parishes, which is now grown to that height,
that its to be wished it don't turn to an insurrection or at
least a desertion of many of those people to Cape Fear
(some already being gone much in debt) where they think
their creditors can't reach them etc. Refers to their Repre-
sentation, v. 6th May. Continues : The ground of all is, to
be relived in paying their debts by a tender law : under these
circumstances it .would be well we had a King's Government
established and a Governor sent over immediately to awe
matters, with particular instructions to have Cape Fear
ascertain'd in this Governmt., for if that it is allowed to be a
place of refuge for debtors, those of ability as well as insolvent,
will fly there but indeed all well wishers to this Frontier Province
(especialy at a time when there are so great apprehensions of
warr) ought to use their utmost endeavours to prevent any-
thing being obtain'd that will encourage yt. Settlement, which
(from this Province) is now promoted chiefly by Mr. Moor who
has hopes or rather assurances from some now at home to
have it a Government independant from this or No. Carolina :
I only here hint to you the fatal consequences that will attend
this Government on this account and to lett you know the
288 COLONIAL PAPERS.
1727.
apprehensions of the country in generall under the desertion of
many of its inhabitants. We hear there is to be another
generall meeting of those men in a few days on being
disappointed by the President and Councill last week, the
chief of which was to call the Assembly. Endorsed, given in
by Governor Nicholson (to the Duke of Newcastle's Office}.
Copy, f p. [C.O. 5, 387. No. 75.]
May 25. 563. Governor Philipps to the Council of Trade and
Plantations. Being informed that the state of affaires in the
province of Nova Scotia lyes at this time under your Lordships
consideration in order to report the same to H.M. Councill ;
it is to be hoped that the happy juncture is at hand for putting
that country into a posture of security and way of settlement,
toward which no time ought to be lost, everything there wearing
the face of ruin and decay, and allmost every countenance
despaire. Refers to former Memorials and again recommends
repair of the fort of Annapolis Royal, " there being now breeches
in the ramparts sufficiently wide for 50 men to enter abreast "
and the settlement or riddance of the French inhabitants.
Continues : As downright force cannot be proper to secure
their allegiance, nor the Governmt. in a condition to enforce
their departure, it is my humble opinion that two barracks be
erected at the head of the Bay, the one at Minas for two com-
panys, the other at Chignecto for fifty soldiers, so scittuated
as to countenance the settling of naturall born subjects near
to those French (who in time may teach them their duty) and
allso to be a check to theire behaviour, and theire traffick and
correspondence with the neighbouring French Colonys, which
they now carry on at pleasure, and is the chief means of theire
disafection and impudent contempt of and independance on
the Government ; it is proposed that those barracks be things
of little expence only ditchd about and picketed. Canso is
at present the place of most consequence in regard to the
Fishery etc. Recommends the building of a fort there. The
temporary lodgings of the four companies built five years ago
are now so rotten that the garrison will hardly be able to subsist
there over next winter etc. Recommends the refitting of the
vessel built for the protection and communications of the
Province, which has been laid up for four years for want of
orders and an establishment. To settle the country, proposes
that every recruit sent over should carry his wife and after
3 or 4 years service be set free and given land, the Government
to pay charges of transportation. The restrictions in the
Governor's Instructions relating to grants of land now require
amendment. The quantity of land stipulated therein for
Adventurers is not sufficient incouragement by one halfe.
The reservation of timber for H.M. use may be sufficiently
secured by other methods then putting a barr to all grants
AMERICA AND WEST INDIES. 289
1727.
till such lands shall be survey'd and sett apart, which may
postpone any settlement there for yeares to come etc. Signed,
R. Philipps. " Endorsed, Reed. 26th May, Read 2nd June, 1727.
3 pp. [C.O. 217, 4. ff. 373-374*;.]
May 31. 564. Council of Trade and Plantations to the King.
Whitehall. Representation upon Petitions of merchants and traders to
Jamaica and of South Sea Company, 10th Dec., 1724 [v. A. P. C.
III. pp. 72, 73], upon both which petitions we should have
long since made our Repn., but that we waited for further
information from Jamaica. We have been several times
attended by the parties etc. In 1717, upon a former complaint
by the South Sea Company your Majesty was pleased to give
an Instruction to Sir N. Lawes, not to give his assent to any
law that should lay a duty on the re-exportation of negroes
brought into the said Island for refreshment only ; and much
less on such as only touch there, without landing ; however
the Assembly were to be at liberty to lay such tax on the
negroes of that Island bought there, as they should think fit ;
But this Instruction having been sent directly to Jamaica by
one of your Majesty's principal Secrys. of State, and as we
were not appriz'd thereof, it was omitted, in those which we
prepared for His Grace the Duke of Portland. Upon perusal
of several Acts passed since that time we do observe that they
have not been strictly conformable to the tenor of the said
Instn. and that the said Instruction was in some particulars
deficient ; wherefore we have prepar'd another for the same
purpose, which we shall humbly lay before your Majesty,
with the other Instructions which we are preparing for Major
Genl. Hunter. The South Sea Company complain, that they
have paid duties for slaves landed for refreshment only, and
for whole ships cargos for having only sold some part of such
cargos in the Island ; that they have been charged with duties
in general for slaves exported, and that the duty laid upon
flower is a great burthen upon trade. As to what concerns
the duty on negroes, brought into Jamaica, or landed there
only for refreshment ; we shall make full provision in the said
Instn., and shall likewise take care, by the said Instn., for
the future that the whole cargo of any ship loaden with negroes,
shall not be charg'd with duties, because some part of the
said cargo only, shall have been sold in the Island. But as to
what relates to the sum of money said to have been collected
on negroes exported in general ; as it does not yet appear
to us, whether that mony was collected upon negroes landed
for refreshment only, or whether the same was paid for negroes
bought in the Island ; we would humbly propose, that yor.
Majty.'s Govr. may be directed to enquire into this matter
upon his arrival there, and to report a true state thereof to
your Majesty. As to the Acts complain'd of, altho' some of
C.P. xxxv 19
290
COLONIAL PAPERS.
1727.
them may not have been strictly conformable to the intention
of your Majtys. Instruction, we cannot say that they were
directly opposite to it, and the money raised by those Acts,
which were annual, has been already collected and applied
to the support of your Majesty's Government there. It is
observeable that the prayer of the Companys petition runs
in general terms, desiring that " for the future the Assembly
may be restrained from passing any Acts for laying duties
on the importation and exportation of negroes and flower to
and from the said Island on account of the Assiento," whereby
they would be exempted even from the duty laid upon slaves,
by them bought in the Island of Jamaica, which is directly
contrary to the design of your Majesty's former Instn., and
would be likewise highly unreasonable, because the buying
of slaves in Jamaica by the South Sea Company, makes the
price of negroes much dearer to the inhabitants, which will
be in time a great load upon the sugar trade, wherein we are
already outdone by some of our neighbours. As to what
concerns the duty upon flower, we conceive there can be no
pretence to exempt the Compa. or private merchts. from
the payment thereof, in as much as this would lay the Island
under great difficulties and inequalities of trade, especially
at a time, when they are necessarily obliged to pay several
other taxes and duties for the support of your Majesty's Govt.
there. [C.O. 138, 17. pp. 136-145.]
565. Order of King in Council. Appointing Cornelius
van Horn to be Councillor of New Jersey, as proposed 23rd
Feb. Signed, Robert Hales. Endorsed, Reed, llth, Read
13th Sept., 1727. lj pp. [C.O. 5, 972. ff. 136, I37v.]
566. Order of King in Council. Approving draught of
Instructions to Lord Baltimore, relating to Acts of Trade and
Navigation etc. Signed and endorsed as preceding. 1J pp.
[C.O. 5, 1267. ff. 1, It;., 2v.]
567. Order of King in Council. Appointing William
Dandridge to the Council of Virginia, as proposed 22nd March.
Same signature and endorsement. Ij pp. [C.O. 5, 1320. ff.
141, 141t;., 1420.]
568. Order of King in Council. Appointing John Custis
to the Council of Virginia, as proposed 29th March. Same
signature and endorsement. Ij pp. [C.O. 5, 1320. ff. 143,
143r;.,
May 31.
St. James's,
May 31.
St. James's.
May 31.
St. James's.
May 31.
St. James's,
May 81. 569. Genl. Mathew to the Council of Trade and Plantations.
St. Reply to 28th Feb., and Address of Assembly for account of
Christophers. monev gi ven n j m for building a fortification etc. Permit me
AMERICA AND WEST INDIES. 291
1727.
to lay before you a detail of that affair, and without any remark
of my own on this behaviour to me etc. Mr. Meure had had
long since my answer to this Address, if it had not been kept
so private, that I had not the least notice of it, till about a
fortnight before Mr. Popple's letter came to me, by one from
Mr. Meure. Nor can I meet a Gentleman in the Island was
privy to it, except the very few concerned. Even some of the
Members of that Assembly that made this Address never saw
it, as they now assure me ; and the whole Assembly consists
but of twelve members, of these seven are a house, and of
these four are a majority. This Island has been very many
years without a prison. Summes of money had been rais'd
from year to year by the Legislature for building one ; and still
'twas lavish'd and misapply 'd. Till in 1720 I offer'd volun-
tarily to take the trouble upon me of directing the building one,
and the island voted 1,000 for that purpose. I followed it
close, finish'd it with great speed for 763 13s. 9d. and returnd
to the island the remainder and had not one single shilling for
my pains or trouble. My accounts _are entered among the
Minutes of Council, doubtless long since in your Lordships'
office etc. The island at that time renew'd again an old
resolution long since taken of fortifying Brimston Hill, and
which like the others about a prison had all been as abortive.
This I voluntarily undertook for them at their request, and
they gave 1,500 to expend for that service, which I went
upon, expended that money, and render'd an account as candid
and as disinterested as the former etc. Refers to transcript in
the Minutes of Council. Upon this I was honour'd with votes
of thanks and fine compliments, and as I had then been their
Lt. Govr. about six years, and never had had the least present
from this island, and as they had then settled 2,000 a year
on General Hart, he prevaild on them to make me a present
of 1,000, that is almost 700 sterl., for the services they said
I had renderd to them etc. 7th June, 1722. This 1,000 was to
be paid me somehow, some time or other, vizt., 500 from a
desperate debt due to the island, and not paid them to this
day. But they since took this upon themselves, and paid
it me out of the Treasury two years after, the other 500 was
to be out of the next tax should happen to be raisd. What
I had done hitherto was agreable enough to them, and they
were so well pleasd, that they movd to me whether I would go
on with the fortifications on the hill and finish them, which
I readily undertook, but I made this objection. Mr. Treasurer
of those days (one Woodrope whose caracter any Master of a
ship trading hither, or St. Christophers merchant on the
Exchange can inform your Lordships of) was of so bad a credit,
that I had been hardly put to it heretofore to get the tradesmen
I had employ'd paid by him, and they would not go on, if to
be paid by him, but at extravagant rates, I therefore insisted
292 COLONIAL PAPERS.
1727.
the money from the Planters should come directly into my own
hands, and that I would take all the trouble upon me gratis.
Mr. Woodrope should still have his 5 p.c. for receiving it. I
ask'd nothing, he had it, and I had nothing of it. They
are ungenerous enough in their Address to say I undertook
for a particular gratuity. I assure your Lordships, I am
superior to the mercenary terms they so ungratefully put this
circumstance upon, and I pray your Lordships will call upon
them to prove a truth for this reflection upon me. Recounts his
benefactions to the country, in placing the skill acquired at
one siege and two defences at its service, and building a house
on the hill fit for the Lt. Genl. to live in and entertainment of
the gentlemen of the island who came to see the works, so
that his private fortune was not increased by one farthing
by the 1,000 present. In response to a request by the Council
and Assembly, on the 24th Feb. 1724 he submitted his accounts
to the Council, and they were approved by the Governor and
Council. He went immediately afterwards with the General's
leave to Antego, and took it for granted they would have gone
on course to the Assembly. In his absence some buisy people
animated General Hart against him, and the beginning of Oct.
1725 he was peremptorily summoned by H. E. to repair in eight
days to St. Christophers. He was informed that his accounts
had been kept in the hands of the Clerk of the Council, but
now the new Assembly demanded them and called him to
appear before them and produce his vouchers, which he could
not do as, in his hurry and not aware of this attack, he had
left them at Antego. No objection has been taken to any
article in his accounts. Upon this they addressed H. E.,
charging him with evading, for not delivering the papers he
had by him, and desired H. E. to order him peremptorily to
attend them with these vouchers. At next meeting of Council,
he gave his reasons for not obeying, "and then governed
myself in part on the Assembly's arrogating to themselves a
power I found your Lordships had condemned, 16th March,
1711." Continues : He then used me with great severity of
speech, that I was forced to go out of Council. At that time
I received letters from my friends at home to reconcile myself
with General Hart. He had received some to the same purpose
from his. The Council interposed, and on 4th March, 1726,
at a Members of the Council's I was invited to meet H. E. I
did, everything of anger passt was to be forgot, and I obtained
leave to go to Antego. Hereon the complaints of the Assembly's
behaviour to me which I had sent to be laid before H.M. were
very honestly dropd by Mr. Meure. Yet the Address of the
Assembly was dated two days after. That very day I went
to Antego, and sent my vouchers to a Member of Council, and
18th May they were laid before the Assembly, whose address
was sent hence the November following complaining they had
AMERICA AND WEST INDIES. 293
1727.
them not, and about three months after the expiration of the
very Assembly that made the Address. Explains that he found
on his return in August that the Assembly had done nothing,
and though he pressed for the examination, they expired
without completing it. The new Assembly appointed a Com-
mittee, whom he met at their request. Several delays were
made on their part, and at last " for want of other matter
they picked a quarrel with me for having my clerk present as I
had had quietly heretofore, and treated me with ill manners
enough, but I bore all, and they broke up, resolving to do
nothing if my Clerk attended me. And I have never heard
any more of the matter since " etc. Concludes : I am sure
you will prescribe a remedy against those that sent home an
Address three months after an Assembly expired, and who
when they sent it, knew the vouchers it asked for were many
months before in their custody. If your Lordships enquire
who sent it, to whom, and with what directions, and it should
appear that 'twas Mr. Butler as a Speaker of an Assembly no
longer in being, then your Lordships will be judges what
persons are made use of to injure me. P.S. I have discovered
a circumstance somewhat extraordinary. This address was
signed, I can't tell how or where. But there was no meeting
of the Assembly the day it is dated vizt. 6th March, and yt.
day happens to have been a Sunday. This is strange cookery.
And Mr. Speaker must have been pretty familiar and free with
the House. This is somewhat of a sort with his indictment
at Hicks's Hall, whence we owe the blessings of his being
among us. Signed, William Mathew. Endorsed, Reed. 12th,
Read 19th Oct., 1727. 13J pp. [C.O. 152, 16. ff. 20, 21,
22, 23, 24, 25, 26, 27, 28, 29, 29i?., 32, 33, 34, 35.]
May 31. 570. Same to Mr. Popple. Has given instructions to Mr.
st. Meure, his correspondent, for reply as preceding. " I must
5 tophers. entreat your introducing him with it to my Lords " etc. Signed
and endorsed as preceding. 1 p. [C.O. 152, 16. ff. 30, 31u.]
May 31. 571 . Council of Trade and Plantations to the Lords
Whitehall. Commissioners of the Treasury. Refer to letter of 22nd Feb.,
and ask that directions may be given, " that this wall may be
rebuilt before the season of the year be too far advanced."
[C.O. 389, 37. pp. 272, 273.]
May 31. 572. Petition of the Lords Proprietors of Carolina to the
King. Petitioners by the accounts they have received from
Carolina, being sensible of the great disorder, the inhabitants
are in, and the great difficultys they labour under, Doe most
humbly intreat your Majesty, that you will be most graciously
pleased to take the unhappy condition of that Province into
your Royall consideration in order to settle it upon a sure and
294
COLONIAL PAPERS.
1727.
May 31.
Whitehall
[? May].
Thursday
night,
6 a'clok.
lasting foundation. And that your Petitioners may give your
Majestic the most convincing proof of their sincere desire and
intention to contribute as much as in them lyes toward so good
and desirable an end, They are willing to surrender, and they
doe most humbly pray your Majestic to accept and take into
your immediate Royal consideration the supreme soverainty
of the sd. Province of Carolina. Not doubting but your
Majesty according to your usual goodness and justice will cause
effectual measures to be taken for preserving to your Petitioners
all their legal rights and properties. Signed, Beaufort, Craven,
Ja. Bertie, J. Colleton, H. Bertie, Jo. Tyrrel. [C.O. 5, 290.
p. 181.]
573. Duke of Newcastle to Mr. Walpole. Referring
apparently to following, concludes : " H.M. would have you
upon this occasion do my Lord Duke all the service you can,
being desirous to have this affair adjusted as soon as possible
to mutual satisfaction, both for the sake of his Grace's particular
interest, and of the service it may be to both nations." No
signature. Copy. 1 p. [C.O. 253, 1. No. 32.]
574. Duke of Montagu to [? Duke of Newcastle]. I beg
your Grace will take the trouble to reed the inclos'd and consider
it thoroughly, and I am shure you will find it so much for the
advantage of the King and the Publick that I think from that
alone I might have little reason to doubt of sucseeding in what
I propose, but I have still a stronger reason to hope for it which
is that it is cheefly in your Grace's province etc. What is pro-
posed is intierly consistant with the Acts of Trade and Navi-
gation of England and with those of France, and is no more
then inforseing in respect to the island of Sta. Lucia, the Treaty
(of Neutrality) made in 1686 (which stil subsists) etc. Continues :
The two Crowns joining in makeing it practicable for the
Mareshal d' Etree and myselfe to injoie halfe of what has been
granted to each of us intier, and what has cost each of us so
much mony, without att the same tyme either Crown parting
with the least of their pretenstions they claime to the Island,
to the other. By which all disputes which might heere after
hapen between the two Nations upon this subject will be
prevented The island will be secured from being wholy
possess'd by the French which otherwaise will unavoidably
hapen some time or other, which will be of the worst consequence
to the English Plantations The English nation will be posses'd
of the best harbour in the West Indies, and so scituated as to
comand every ship that is bound from Europe to the Bay of
Mexico the Revenue of the Crown and the Nation will be
considerably increasd, from what may be judged from the
Barbados trade, which att the lowest computation brings in
50,000 a year to the Crown, and 100,000 to the Nation Besides
AMERICA AND WEST INDIES. 295
1727.
the putting an end to the clandestine trade caried on, and
which will continue to be so, between the English and French
att Sta. Lucia, as long as the Island remains uninhabited
it will be one means of convincing the world that the frendship
between England and France is senceere and lykely to last,
and will oblige a very considerable person in France as much
as it will, your Grace's obedient and most humbly servant,
Signed, Montagu. Without date or endorsement Holograph.
Ij pp. Enclosed,
574. i. Duke of Montagu to the King. Submits following.
Signed, Montagu. Without date or endorsement.
Holograph. French. 2 pp.
574. ii. Same to Same. Sketches events 1719 1723 relating
to Sta. Lucia and the agreement arrived at that the
island should not be settled by either nation until
their rights were decided. It is at present a rendezvous
for French and English vessels which meet there to
carry on illegal trade. Marechal d' Estrees and
petitioner have come to an agreement, having each
an equal right to the island by virtue of their grants
by their respective Sovereigns, to share it equally
between them, with the consent and protection of
the two Crowns. M. d' Estrees is shortly to have
an interview with Mr. Walpole. Prays that instructions
may be sent to him on that head. No date or endorse-
ment. French. Holograph. 2 pp.
574. iii. Same to Same. Proposal for joint grant of Sta.
Lucia by the two Crowns to the Duke of Montagu
and M. d' Estrees as preceding. Without date or
endorsement. If pp.
574. iv. Proposed Articles of agreement between the two
Crowns for grant of Sta. Lucia as in preceding. With-
out date, signature or endorsement. 2 pp.
574. v. Proposed articles of agreement between Duke of
Montagu and M. d' Estrees for the division of Sta.
Lucia etc. Without date, signature or endorsement.
[C.O. 253, 1. Nos. 31, 31 i-iv.]
May [ ]. 575. Draught of a Circular Letter to Governors of the
Whitehall. Plantations. The King of Spain having actually begun
hostilities against H.M. by the siege which has for some time
been carried on against Gibraltar, and by seizing our merchants
ships and effects, etc. H.M. etc. has therefore ordered that the
King of Spain and his subjects should be treated as enemies
etc. Memorandum in margin of " persons wrote to on the
last rupture with Spain." Endorsed, Not sent. lj pp. [C.O.
28, 44. No. 110.]
296
COLONIAL PAPERS.
1727.
June 1.
Whitehall.
June 1.
Whitehall.
[June
June 1.
St. James's.
June 1.
St. James's.
June 2.
Westminster.
576. Mr. Popple to Lt. Governor Armstrong. Acknow
ledges letters of 27th July and 24th Dec. 1726. Continues :
My Lords Commissioners having at present under their consider-
ation the immediate settlement of the Province of Nova Scotia,
you may expect shortly to hear from them upon this subject.
[C.O. 218, 2. p. 56.]
577. Same to Governor Hart. Acknowledges receipt of
letters and papers of 30th Nov. Continues : My Lords Com-
missioners do not think your reasons (for having given your
consent to the powder Act of Antegoa) sufficient to Justine
your acting contrary to your Instructions, as you thereby
did ; the great partiality shew'd to the people of Antegoa, in
exempting them from those duties, which they have thought
fit to impose upon British subjects, and this Act being made
perpetual, whereas it ever before was temporary, are reasons
which would induce my Lords to propose to H.M. the repeal
of this Act, But as their Lordps. conceive the intent of this
Act to be for the defence of that island, for which reason the
inhabitants thereof ought to contribute to this duty, I am to
signifie to you their Lordps'. directions, that you move the
Assembly to pass another Act for this purpose, and not lyable
to these objections, otherways their Lordps. will propose the
immediate repeal thereof. [C.O. 153, 14. pp. 234, 235.]
578. Ar. Gambell to the Council of Trade and Plantations.
Some reasons and proposuals for settleing the main coast of
Nova Scotia, with all imaginable speed etc. Urges importance
of the Fishery, and the immediate building of forts at the
three most commodious harbours, Port Rossway, Cape Sambra
and Owles Head, to be settled by disbanded soldiers, which
will serve to protect the Fishery etc., and this valuable neglected
country, to which not one subject has ever thought fitt to
transport themselves, nor has any publick incouragemt. been
given since in the power of great Brittain etc. Offers services.
Endorsed, Reed, (from Col. Bladen), Read 1st June, 1727.
3| pp. [C.O. 217, 4. ff. 344-345U.]
579. H.M. Warrant appointing Cornelius van Horn to the
Council of New Jersey, in the room of David Lyell deed.
Countersigned, Holies Newcastle. Copy. [C.O. 324, 35*. p. 335.]
580. H.M. Warrant appointing William Dandridge to the
Council of Virginia, in the room of Philip Ludwell, deed.
Countersigned, Holies Newcastle. Copy. [C.O. 324, 35. p. 336.]
581. H.M. letters patent appointing Bryan Wheelock
Clerk of the Markets in Jamaica. Countersigned, Cocks. Copy.
[C.O. 324, 49. ff. 48-50.]
AMERICA AND WEST INDIES.
297
1727.
June 2. 582. H.M. Instructions to Charles Lord Baltemore relating
st. James's, to the Acts of Trade and Navigation. Signed, G. R. [C.O.
5, 193. pp. 89-115.]
June 2.
Whitehall.
June 2.
St. James's.
June 6.
Whitehall.
June 7.
Whitehall.
583. Duke of Newcastle to the Council of Trade and
Plantations. H.M. having been pleased to appoint the Right
Honble. the Earl of Londonderry to be Governor of the Leeward
Islands in America in the room of John Hart Esq., draughts of
his Commission and Instructions are to be prepared etc. Signed,
Holies Newcastle. Endorsed, Reed. 3rd, Read 6th June, 1727.
| p. [C.O. 152, 15. ff. 351, 852w.]
584. H.M. Warrant appointing John Custis to the Council
of Virginia, in the room of Col. Edmund Jennings, who by
reason of his great age and infirmities is wholly incapable of
any business. Countersigned, Holies Newcastle. Copy. [C.O.
324, 35. pp. 336, 337.]
585. Council of Trade and Plantations to the Committee
of Privy Council. Enclose draught of an Instruction to
Governors as ordered 3rd May, etc. [C.O. 324, 11. pp. 40, 41.]
586. Council of Trade and Plantations to the Committee
of the Privy Council. Representation in obedience to Order
of 15th Feb. concerning the settlement and government of
Nova Scotia : We shall not repeat what has been so fully
set forth in several of our former reports, relating to the present
state, the situation and consequence of Nova Scotia, but as
the methods which we shall propose to your Lordsps. for
peopling of this country may appear something differt. from
those generally practised in the rest of H.M. Colonies, we shall
be under a necessity of mentioning some particular facts and
observations which have led us into the way of thinking we are
now in upon this subject, and which we hope may be induce-
ments to your Lordsps. to be of the same opinion with us.
This country is capable of yielding all the necessaries and
conveniencies of life, the soil is proper for the production of
hemp and other Naval Stores the land abounds with timber of
several kinds ; and the sea coast, especially at Canso, with as
good fish and in greater quantities, than are to be found in
any other part of the American seas. Yet notwithstanding
these natural advantages Nova Scotia instead of being useful,
has hitherto been a burthen to Great Britain for want of
inhabitants, and the Regiment which has been so many years
maintained there at the expence of ye publick has only been
able to keep up H.M. claim to the soil, whilst the French have
reaped solid advantages from the produce of this Country :
For the French inhabitants who refuse to take the oaths of
allegiance to H.M., and still remain in Nova Scotia, contrary
298 COLONIAL PAPERS.
1727.
to the Treaty of Utrecht have been the great support of all
the French Colonies in their neighbourhood, by supplying them
with furs, fish, cattle, corn, provisions, and timber of all kinds,
and without this assistance in all probability neither Cape
Breton nor Isle Madam could in so short a time have established
themselves upon so good a footing. Nova Scotia has now been
many years in possession of the British Crown, yet there
are hitherto few or no British inhabitants there, except the
Garrisons of Annapolis and Canco, and some few English
families who have settled at the latter of these places for the
benefit of the Fishery, which has of late years been carried on
there with very great success. The little progress therefore
which we have hitherto been able to make in peopling so fertile
a country, whilst the French have so considerably increased
their settlement at Cape Breton, in a very barren soil, is a proof
that the Government of France have given greater incourage-
ments to their subjects to settle in their Colonies, than has been
given for the like purpose by the Government of Great Britain
to theirs, and we have been credibly informed, that the French
King is at a great expence in encouraging and nursing up his
infant Colonies till they are able to support themselves, such
as defraying the expence of transportation furnishing ye
Adventurers with one years provisions and building strong
fortifications for their defence. Since H.M. accession to the
Crown some persons have petition'd for large tracts of land
in Nova Scotia, and they have been referred to this board who
always thought it their duty upon those occasions to propose
such conditions and restrictions as well with respect to quit-
rents, as to the manner of seating and settling the lands
petition'd for they then conceived the most convenient for H.M.
service, and most effectual for the peopling of this Province
but whether the Petitioners thought the conditions too hard,
or whether they have been discouraged by the delays and
difficulties they have met with in passing thro' ye other Offices,
or from some other accident, so it has happen'd, that none
of these projects have hitherto taken effect, but since lands
are to be had upon such easy terms in so many other of H.M.
Colonies allready well inhabited and in a reasonable state of
security, greater encouragements will be necessary to induce
people to settle in Nova Scotia, the most Northern part of the
British Dominions upon the Continent of America, a country
without defence exposed to the fury of the savage Indians
and to the encroachments of ye French. For this reason and
from the experience of so many years, we beg leave to say,
the publick must be at some expence to make any schemes
for this purpose effectual, and that the terms must be more
advantageous to the adventurers, than those that are to be
met with in Colonies already settled. However as we are
sensible how difficult it might be to engage the publick in any
AMERICA AND WEST INDIES. 299
1727.
new expence we shall propose a fund for this purpose arising
from the Plantations, and naturally applicable to their service,
that is to say, the produce of the French lands at St. Christo-
phers, or at least so much of it, as may from time to time be
thought necessary for this purpose, wherein the Parliament
have already made a precedent by addressing H.M. to make
some provision out of this fund, for the new Colledge proposed
to be erected in the Bermuda Islands. Thus having explained
in genl. our thoughts upon the methods we intend to propose
for the peopling of Nova Scotia, we shall now proceed to offer
to your Ldsps. consideration such particulars as have occurrred
to us upon this subject, without entring too minutely into the
detail of them as to their execution, which may be the subject of
a further report ; if our sentiments meet with your Ldsps. appro-
bation. The preserving of H.M. woods in this Province in our
humble opinion should be provided for previous to the granting
of lands, and therefore as we had found by long experience upon
how bad a foot this matter stands in the Massachusets Bay ;
New Hampshire and other Provinces on the Continent of
America, where the woods reserved to H.M. are frequently
intermix'd with private property and are for that reason the
constant subject of debate between the King and his subjects,
we thought it for H.M. service in forming the Instructions for
Col. Philips to provide etc. Quote his Instructions as to
reserving 200,000 acres for masts for the Navy etc. Continue :
And we beg leave again to propose that the Surveyor General
or such person as H.M. shall think proper to appoint for this
purpose, may forthwith be directed to lay out these woods,
that the Govr. may afterwards be at liberty to grant lands
under proper restrictions. The delay of this matter has already
been highly prejudicial to H.M. intrest, for the French
inhabits, in this Province having erected saw mills, are daily
destroying the timber, and the want of a power in the Governor
to grant lands would have made it impracticable for planters
to settle there even upon any terms had there been no other
impediments to the setling of this Province. To encourage
Adventurers from Great Britain to engage in the making of
large settlements in this country we are humbly of opinion
that such petitrs. whose cases have already passed the con-
sideration of this Board, and whose petitns. lye now before
H.M. in Council, for the last decission should meet with all
reasonable dispatch more particularly that of the Officers, who
were actually engaged in the reduction of Nova Scotia and
whose services seem justly to entitule them to H.M. favour,
and so much the rather because by the conditions of their
grant, if they obtain one, they will be obliged within a few
years to make a considerable settlement on the lands they
petitioned for. We have already hinted that few people will
care to settle in a savage country where there is not a reasonable
300 COLONIAL PAPERS.
1727.
security against the natives, and this kind of encouragemt. is
wanting in the highest degree in Nova Scotia ; There was
formerly one Fort at Annapolis Royal, but we are inform'd
the bastions and curtains, the barracks and the storehouses,
are at present in a most ruinous condition in so much that
the Garrison have been obliged to secure themselves from
surprize, by setting up pallisadoes about the said Fort for
want of a better defence ; We presume therefore your Ldsps.
will be of opinion, that this Fort, the barracks and storehouses
belonging to it should be immediately repaired. The fishing
at Cano likewise will deserve your Ldsps. protection 'tis at
present the best in America, and a fort there, will be highly
necessary for many reasons, but more especially on account
of its neighbourhood to Cape Breton. And as nothing can so
effectually restrain the disobedience of the French inhabitants
remaining in Nova Scotia, who refuse to take the oaths of
allegiance to H.M., as the building of two stockadoed barracks,
in or near their quarters at Minos and Shebuctoo, we beg leave
to recommend this also to your Lordsps. consideration, because
we are informed the charge of those baracks will not be con-
siderable. We shall not at present propose any further expence
to your Lordships, upon the head of fortifications tho others
may hereafter be needful on different parts of the coast. But
we conceive it highly necessary for H.M. service that there
should always be a sufficient magazine of arms and working
tools lodged in some secure place in this Province for the
service of the country. If your Lordps. should agree with us
in these particulars, they will certainly be some encouragement
for people to resort to Nova Scotia but further inducements
will still be wanting, and therefore we would humbly propose.
That the publick should be at the expence of transporting
such poor people to Nova Scotia as are disposed to settle there
together with their wives and families. That 50 acres of land
should be granted to each person so transported by the
Governor upon his or her arrival in Nova Scotia, free from fines
and likewise from quit rents for the first ten years. That
double that quantity of land be granted to Carpenters, Smiths,
Masons, Joyners, Brickmakers, Bricklayers and all other
artificers necessary for building or husbandry upon the same
terms. That the like quantity of land be granted to such
soldiers of Col. Philips's Regiment and their families as are
disposed to turn planters and their pay notwithstanding to be
continued to them for one year after such grant at which time
they may be discharged from the service. That all the recruits
to be raised for the future for this Regiment be acquainted
that after three years service they may be discharged and have
lands granted to them in like manner. And the better to people
this country, that every soldier have leave to carry his wife
with him, the transport both of the soldier and his wife to be
AMERICA AND WEST INDIES. 301
1727.
defray'd by H.M., it being impossible for the Regiment other-
wise to bear these frequent discharges. That proper encourage-
ment be given to such as shall intermarry with Indians, agree-
able to the tenour of H.M. Instructions to Col. Philips. That
whereas the Governor is at present restrained from granting
any more than 500 acres to any one person he may now be
empower'd to grant lands not exceeding 1,000 acres free from
fines and likewise free from quit-rents for tenn years under
proper restrictions, to such substantial inhabitants, and their
families as shall be disposed to settle in Nova Scotia at their
own expence. And that every part of this country may be
informed what is transacting in other quarters of the Colony,
that ye small sloop formerly built at ye King's expence, and
now remaining in Nova Scotia, may be refitted and employ'd
to attend the service of this Government. It now remains that
we shou'd offer our thoughts to your Lordships concerning the
form of a Civil Governt. to be erected in this Province, which
in our humble opinion is already in some measure provided
for by Col. Philips' Commission and Instructions so far as the
present circumstances of 'this country require, or can admit
of till there shall be more inhabitants there, but in the mean
time if your Losps. shall think it convenient the Govr. and
Council may be impower'd to make such laws or regulations
as the emergencys of the Colony may demand till there shall
be sufficient numbers to constitute an Assembly : That the
Governor may likewise be authorized to make Justices of the
Peace and directed to declare in H.M. name by Proclamation
or otherwise, that such persons as shall settle in Nova Scotia
shall be entituled to all the like privileges, liberties and advant-
ages which are at present enjoy'd by the rest of H.M. subjects
in His other American Colonies, and particularly to that of an
Assembly so soon as their circumstances will admit of it. We
shall beg leave to conclude this Representation with informing
your Lordsps. that what we have proposed upon this occasion
is not without a president in many particulars, as to the expence
even in one of H.M. own Colonies namely, that of Jamaica,
where the inhabitants are so far convinced how much it is
their intrest to have their Island well peopled that by certain
Acts lately passed their Assembly to encourage people to
settle the N.E. quarter of that Government have proposed, to
purchase the lands in that quarter from the present Proprietors
at 5s. p. acre, to be at the charge of transporting the Adven-
turers, to furnish them with six months provisions for their
families after their arrival, to grant them lands to settle on
in proportion to the number of their families free from taxes
for three years without any fees to be paid either for the grant
or survey with many other privileges and advantages. [C.O.
218, 2. pp. 57-71.]
302
COLONIAL PAPERS.
1727.
June 7.
Whitehall.
June 8.
Whitehall.
587. Council of Trade and Plantations to the Lords
Justices. Enclose following. Autograph signature. I p.
Enclosed,
587. i. Draught of Commission for the Earl of Londonderry
to be Governor of the Leeward Islands. In the usual
form. [C.O. 153, 14. pp. 234-261 ; and (without
enclosure) 152, 40. No. 20.]
588. Council of Trade and Plantations to the Lords
Justices. Enclose Instructions for Governor Hunter. Con-
tinue : The 1st and 2nd Instruction which were given to the
Duke of Portland, we have put together, as they are upon one
subject etc. The 32nd Article of Major General Hunter's
Intrns., impowering him to receive an additional salary, we have
made conformable to the Duke of Portland's etc. No. 21, in
place of No. 44, embodies H.M. directions, 13th May, in relation
to the Revenue to be settled at Jamaica, and care is taken by the
said Instruction for the subsistance of the two Independant
Companies etc. We have inserted an Instn., No. 22, directing
Genl. Hunter not to give his assent to any Act for laying duties
on negroes landed in Jamaica only for refreshment, etc. The
52nd Article in relation to persons sent over hither as prisoners,
was part of the Duke of Portland's 93rd Instn., but having at
present omitted that part, which related to the tryal of
accessaries in cases of piracy committed beyond sea, it being
now particularly provided for by the Act of 8th K. George I,
we thought it more adviseable to make the aforesaid 52nd
Article an Instruction by itself etc. We have added the latter
part of the 55th Instruction in relation to the suspending the
execution of any sentence, upon an appeal to H.M. ; in pur-
suance to H.M. Order in Council, 5th July, 1726. We have
altered the 67th Instruction in relation to the Bishop of London's
Ecclesiastical Jurisdiction, and made it conformable to H.M.
directions. We have inserted a new Instn., No. 70, pursuant
to H.M. Order in Council, 3rd May, 1727, for restraining and
punishing the several vices therein mentioned. In the 92nd
and 93rd Instrns. we have omitted what particularly related
to the French, and made them general, more especially since
those Instrns. were prepared at a time when there was not
that good agreement between the two Nations, that there is
at present. W T e have inserted an Article, No. 61, for the more
ready supplying the vacancies that may happen amongst the
Officers of the Customs during the absence of the Surveyors
Genl., H.M. having already been pleased to approve the same,
in the draft of those Instructions which we prepared for Mr.
Calvert, Deputy Governor of Maryland. Note in margin.
This Representation and Instructions were sent to the Council
Office, but not being laid before the Lords Justices, when the
AMERICA AND WEST INDIES.
303
1727.
June 8.
Whitehall.
June 14.
June 14.
Whitehall.
June 14.
Whitehall.
June 15.
Leicester
House .
news was brought of the decease of K. George 1st, orders
were thereupon given by his present Majesty for a new Com-
mission and Instructions for Genl. Hunter. [C.O. 138, 17.
pp. 146-152.]
589. Mr. Popple to Mr. tfane. Encloses, for his opinion
in point of law, eight Acts of the Massachusetts Bay. [C.O.
5, 916. p. 6.]
KING GEORGE II.
June 11, 1727.
590. Mr. Dummer to Mr. Popple. Your letter last week
found me in my bedchamber, where I have bin confin'd this
month etc. My distemper continues obstinate etc. I have
therefore writ to my friends in New England to think of some
other person to look after their buis'ness etc. Asks for their
Lordships commands in writing etc. Signed, Jer. Dummer.
Endorsed, Reed., Read 14th June, 1727. 1 p. [C.O. 5, 869.
ff. 442, 443u.]
591. Mr. Popple to Mr. Dummer. Reply to preceding.
Lt. Governor Dummer has informed the Board that the
Assembly have addressed H.M. for his Royal determination
on the differences between that Province and New Hampshire,
with respect to the boundaries, and that you are instructed to
pursue this matter to an issue etc. Enquires what steps he
has taken, " their Lordships being very desirous of having the
divisional line determined " etc. [C.O. 5, 916. p. 7.]
592. Council of Trade and Plantations to the Duke of
Newcastle. In order to be fully informed of the several facts
mention'd in the petitions of Tho. Rowland and John Greathead,
referred to us llth March, and 19th Aug. 1725, we found it
necessary to send copies to the Governor of the Leeward Islands,
who has return'd to us for answer, that they are concluded by
the Commission H.M. has been pleased to grant to Lt. Genl.
Matthew, Gilbert Fleming and Edward Man Esq. for disposing
of the late French lands in St. Kitts, for which reason we do
not trouble H.M. with any representation thereon etc.
Autograph signatures. If pp. [C.O. 239 1. No. 37 ; and 153,
14. pp. 261-263.J
593. Order of King in Council. Approving following,
and ordering the Council of Trade and Plantations to fill in
the same for the several Colonies and Plantations in America.
Signed, Edward Southwell. Endorsed, Reed., Read 16th June,
1727. 1 p. Enclosed,
594. Draught of Proclamation for proclaiming King George
II in the Plantations etc. Ij pp. [C.O. 323, 8,
Nos. 72, 72 i.]
304
COLONIAL PAPERS.
1727.
June 16.
Leicester
House.
June 16.
Leicester
House.
June 16.
Leicester
House.
June 17.
Whitehall.
June 17.
Apthorp.
595. Order of King in Council. Ratifying Act of Virginia
for laying a duty on liquors, upon the report of the Lords of the
Committee agreeing with the representation of the Council of
Trade, v. A. P. C. III. pp. 153-156. Signed, Temple Stanyan.
Endorsed, Reed, llth, Read 13th Sept., 1727. 6 pp. [C.O. 5,
1320. ff. 145-147*;., 148t;.]
596. Order of King in Council. Ratifying Act of Virginia
to confirm the title of Richard Randolph etc., as proposed by Board
of Trade. Signed and endorsed as preceding. 2j pp. [C.O. 5,
1320. ff. 149-150i;.]
597. Order of King in Council. Confirming Act of Antigua
for dividing "the parish of St. Peter, and erecting the new parish
of St. George, etc. Signed and endorsed as preceding. 2 pp.
[C.O. 152, 16. ff. 1, It;., 2v.]
598. Council of Trade and Plantations to the King.
Enclose draught of Proclamation for proclaiming H.M. etc.
(v. 15th June). Suggest that it may be more certain and more
expeditious, that two small vessels be despatched on purpose,
the one to New England and the other to Barbados etc.
Annexed,
598. i. H.M. Proclamation referred to in preceding, with
orders to Governors or Commanders in Chief of H.M.
Plantations, including Hudsons Bay, to proclaim the
same. Printed, Pennsylvania Archives, 1st Ser. I.
199. [C.O. 324, 11. pp. 41, 45.]
599. Lord Westmorland to the Duke of Newcastle. I am
honoured with your Grace's commands of the 13th inst. : and
was prepareing this answer to it when I have been surprized
with the malincoly news of the death of the King, but as his
present Majesty will no doubt order the designe to be proceeded
upon therefore shall trouble you with a full detail that your
Grace may take the best measures to forward it speedily, that
so you may have an oppertunity of provideing for your frinds,
and / must on this occation beg your Grace to present my most
humble duty to his Majesty and to acquaint him that the reason
I don't do it in person, is that since Wendsday last I have been
lay'd up with a severe fitt of the gout in both feett unable to stir but
when I can shall hasten to town to do it myself. Your Grace's
favour herein will greatly obleidge me. (l) I shan't presume to
advise you, but to obey your commands so far as I am capable
shall give the narrative of the affair of Carolina upon which
you'll best judge what is fittest to be done. It haveing been the
oppinion of the board of trade as by their genii, report, and
(1) The words in Italics are underlined in the MS,
AMERICA AND WEST INDIES. 305
1727.
confirmed by the like oppinion of all the King's Ministers and
his Counsel!, that in order to make the Westindies more
effectually beneficiall to these Kingdoms they should be brought
to one uniform manner of Goverment to be made assistant to
each other and which was not to be done whilst they were under
so many different rights of Proprietory, and forms of Governts.
amongst them, therefore it was necessary by all means reasonable
to encourage or procure them to be surrendred to the Crown,
to be put upon the like footting as all the other Goverments,
and to reserve only the property of the soile to the Proprietors
thereof. With this veiue I embraced all occations to sett forth
the reasonableness of the Proprietors surrendering their regall
authoritys to the Crown as a matter more advantagious to them
in their private concerns, more to ye publick good in genii, and
suitabler to the humours of the people as subjects. Coll.
Horsey being known to severall of the Proprietors of Carolina
I discoursed him about it, who took a great deale of pains to
meett and argue them into the reasonableness of their surrender-
ing. Which when they were brought to think off, at their
desire I drew up severall heads as for them to request upon the
surrendering, which paper I had the honour once to show your
Grace and which they were designeing to annext it to their
Petition, but by some addittions afterwards made to itt, they
haveing a veiue of more advantagess to themselves, and restrick-
tions upon the Crown and people, than I thought was fitt to
be offerd, and the time growing verry short for much debate
they consensted to allter the Petition by leaveng out the
annexings, and deliver it singly, which being done, was that
Petition deliver'd by your Grace to the King before he went
a broad, reserveing the perticular articles to be mentioned and
debated upon, in the further progress of this affair. What
papers I had scribled I left with Mr. Popple our Secretary, yt.
when the Orders should be sent to the office he might be able
to apprize the board if any dispute should arrise concerneing
what I had done. But as Coll. Horsey hath what I drew out
fairly wrote and allso the severall new proposalls of the Pro-
prietors, I will by this post write to him, and direct him to
attend your Grace therewith to receive yr. orders, as allso Mr.
Sheldon the Proprietors' agent and Secretary. And upon com-
pareing and considereing of the papers you will be best able
to give such orders for the instructions as his Majesty shall
think proper, for I must inform your Grace that the designe of
the Proprietors, is that those heads or such like as the King
shall approve off, should be putt into the Governour's In-
strucktions to be by him recomended to the assembly of
Carolina to be passed into laws, as the termes on which his
Majesty will take and continue them under his immediate
Govermt. and therein there is a provision offer'd for the support
of the Govermt., Therefore till a Governour is appoynted I
C.P. XXXV 20
306 COLONIAL PAPERS.
1727.
don't see how such, or any Instructions can be directed but
when that is, he will be able to assist the board of Trade by
informeing them of the Proprietors intentions on the severall
proposalls in order for their amendments thereof. The Pro-
prietors those at least who came to me in the name of the others
were of opinion that the laws for settleing of the Goverment
should be first passed and confirmed by the Crown because
their rights would then be secured to them by a law in the
country, and upon which they were ready to execute a deed of
surrender in form. Of a Proprietory surrender there is an
instance upon our books viz. the East and West Jerseys to the
late Queen. But as it begins with the coppy of the deed
executed, I was at a loss to find any footsteps of the proceedings
before, how it came about. My lord Carterett in his oppinion
thought the people should pass a law to give the Proprietors
an hereditary duty on some produce of their country in con-
sideration of their parting with the soverighnity-ship. Butt I
think there is an answer to this, that the Proprietors will save
the charge of all the salarys, the forts, and other expencess in
protecting the country which they were obleidged to provide
out of their quit-rents, but further I think this thought might
be improved, viz., if the Proprietors could be prevailed upon
to yeild up their quit-rents (as is done in Maryland by the lord
Baltimore) to ye country, and to receive from them an
equivalent for it by hereditary dutys to be imposed there,
which would be of greater advantage to ye country, be a meanes
of its spedier peopleing and might so be contrived as not to be
worse but of greater advantage to the Proprietors, but this is
only a speculative hint I presume to trouble you with. Haveing
thus ventured on your patience by this long narrative shall now
endeavour to answer your Grace's commands with all difference.
When your Grace thinks fitt you will order the Proprietors'
petition made to the King and is now left with Mr. Popple in a
private manner to be deliver'd to you and that when you have
seen the severall papers on which they were or seemed to be
induced to the makeing of the petition you will be better able
to inform H.M. for his orders. As to the officers there is few
or none yett legally established in this Colliny to the great
disservice of the country and is in part a cause of the confusion
so that it is all to be new appoynted except one or two which
as I understood the Lords Proprietors had given or ordered
patents for, but by what I could guess it would be no difficult
matter to have them surrender 'd as Coll. Horsey hinted to me
and to which effect I acquainted you therewith. As to the
numbers of the officers necessary in the Goverment I am not
able to give an account of now not haveing my papers here
with me. Butt when the settlement of the Goverment comes
to be directed, the board of Trade must allso be directed to
frame out, what officers are necessary and to enquire what
AMERICA AND WEST INDIES.
307
1727.
there is and the nature of their pretensions which will give your
Grace a full light into them. The surrender must be by a deed
executed in form as the Jerseys was, drawn by Sr. Edwd.
Northey etc. There being no order sent when I came out of
town the Proprietors who were zealous for this yeilding of
Goverment were under great apprehensions that there would
be a great delay in it, and that their affairs would be hung up
for a longer continuance in disorder, to their great loss, besides
as it had taken some pains and industry to bring over some of
their body who were at first averse to it, and who have not an
entire good likeing of this Goverment, and who might by the
delay or other reasons fly off again, and clogg the designe, it
will be therefore matter of great joy to the well-meaning Pro-
prietors who are desireous of surrendering, to find your Grace
retain their business in your mind. Upon the whole I should
think that the Governour should be named absolutely and that
heads for a deed should be drawn up by the board of trade or
whome else may be thought proper and the Proprietors or their
agents, and then sent to the Attorney Genii, to be drawn up
in form of deed of surrender and then to be executed, if the
termes were such as should meet with H.M. approbation etc.
I have since Wendsday last been laid up with the gout which
as it is feirce hope it won't be long, etc. Signed, Westmorland.
Holograph. 5f pp. [C.O. 5, 387. No. 76.]
June 19. 600. Council of Trade and Plantations to the King. In
Whitehall, obedience to H.M. commands enclose following. Annexed.,
600. i. An account of the establishment and business of the
Board of Trade. [C.O. 389, 37. pp. 274-279.]
June 20. 601 . Mr. Dummer to the Council of Trade and Plantations.
In answer to Mr. Popple's letter, upon Mr. Newman's complaint
against the Province of the Massachusets Bay etc. I received
an Instruction from my principals to defend their rights with the
utmost vigour and application ; and this I suppose is what my
brother calls persuing the controversy to an issue. But as Mr.
Newman told me some months ago that he was not provided
to go on till he had further instructions from New Hampshire
by reason of a disappointment he had met with in respect to
some records, I did not apprehend it was either my buis'ness,
or in my power to move a step in it. And had it bin both, I
should not have thot it fair to have forc'd him to a hearing when
he was unprepar'd, etc. Signed, Jer. Dummer. Endorsed,
Reed. 20th, Read 21st June, 1727. 1 p. [C.O. 5, 869. ff.
444, 445u.]
June 20. 602. H.M. Commission for Col. Richard Phillips to be
Kensington Governor of Nova Scotia and the town and garrison of Anna-
polis Royal. Countersigned, Townshend. [C.O. 324, 36.
P- 55 -]
308
COLONIAL PAPERS.
1727.
June 20. 603. H.M. Commission for Col. Phillips to be Governor of
Kensington, the town and garrison of Placentia. Countersigned, Townshend.
[C.O. 324, 36. p. 56.]
June 20. 604. H.M. Commission for Benjamin Whichcot to be
Kensington. Commissary of Stores for the Garrison at Placentia. Counter-
signed, Holies Newcastle. [C.O. 324, 36. p. 57.]
June 20. 605. H.M. Commission for Robert Hurst to be Commissary
Kensington. o f the Musters of the Garrison at Placentia. Countersigned,
Holies Newcastle. [C.O. 324, 36. p. 58.]
June 20. 606. H.M. Commission for Henry Cope to be Fort Major
Kensington. a t Placentia. Countersigned, Holies Newcastle. [C.O. 324,
36. p. 59.]
June 20. 607. H.M. Commission for Jacob Rice to be Chaplain to
Kensington, the Garrison at Placentia. Countersigned, Holies Newcastle.
[C.O. 324, 36. p. 60.]
June 20. 608. H.M. Commission for William Skeen to be Surgeon
Kensington, to the Garrison at Placentia. Countersigned, Holies Newcastle.
[C.O. 324, 36. p. 61.]
June 20. 609. Mr. Popple to Mr. Carkesse. Encloses, in reply to
Whitehall. 8th April, Instructions for trade given to Dep. Governor Calvert.
[C.O. 324, 11. p. 46.]
June 24. 610. Lt. General Mathew to the Council of Trade and
St. Plantations. The 14th instant Governor Hart delivered to
Christophers. me j-j^ sea j Sj CO py S o f his Instructions, Commissions etc., and
then embarked for England, on H.M. lycence of absence. The
Earl of Londonderry we are inform'd is appointed to succeed
etc. His arrival is dayly expected. Signed, William Mathew.
Endorsed, Reed. 12th, Read 19th Oct., 1727. 1 p. [C.O. 152,
16. //. 36, S7v.]
June 24.
Whitehaii.
June 24.
Christopher
611- Order of Council. The Council of Trade and Planta-
tions are to take care that the letters for proclaiming H.M. be
forthwith conveyed to the several Governors by the two vessels
appointed for that service. Signed, Temple Stanyan. En-
dorsed, Reed. 24th, Read 26th June, 1727. f p. [C.O. 323,
8. No. 73.]
61 2. Lt. General Mathew to the Duke of Newcastle. Col.
^^ embarked from this island the 14th instant for London
on H.M. leave of absence, and delivered to me copys of his
Instructions, Commissions etc. and Seals. We dayly expect
the arrival of the Earl of Londonderry etc. Signed, William
Mathew. 1 p. [C.O. 152, 43. /. 12.]
AMERICA AND WEST INDIES.
309
1727.
June 24.
June 26.
Whitehall.
June 26.
Whitehall.
613. Petty expences of Board of Trade from Lady day to
Midsummer, 1727 (v. Journal). 7 pp. \C.O. 388 79
Nos. 55-9.]
614. Mr. Popple to Mr. Burchett. Encloses, for dispatch
by vessels appointed, letters from H.M. Privy Council
to the Governors for proclaiming H.M., etc. and following.
Annexed,
614. i. Circular Letter from the Council of Trade and
Plantations to the Governors of Plantations. We do
earnestly recommend to you, that you proceed with-
out loss of time in the execution of above Order for
proclaiming the King etc., in the most solemn manner
and most proper parts of your Government.
Upon this occasion we think it proper to acquaint
you, that by an Act passed in the sixth year of Her
late Majesty, for the security of H.M. person and
Government etc., it is enacted that all publick seals
in being, at the time of the demise of H.M., her heirs
and successors, shall continue and be made use of as
the respective seals of the Successor until such
Successor shall give order to the contrary. N.B.
This paragraph did not go to Nova Scotia, Newfoundland
nor the Propriety Governments. And for your further
information we inclose to you, H.M. Proclamation for
continuing all Officers etc. [C.O. 324, 11. pp. 46-48.]
61 5. Mr. Popple to Lt. Governor Dummer. Acknowledges
letters of 22nd Aug., 1726, and 12th April last. Continues :
Their Lordships are glad to find (22nd Aug.) that the Indians
are so well dispos'd to perform their engagemts. with the
Province, not doubting but care will be taken to continue
them in this good disposition. As to what you mention con-
cerning presents to be annually made to the Indians, provided
this be done at the expence of the Province, their Lordps.
have no objection to it, but they can by no means think H.M.
should be at this charge, and are not without hopes that the
method which the general Court of your Province has taken
of granting a summ of mony to be employ'd in trade with the
Indians, that they may be supply'd at easy rates with every-
thing they want ; will be effectual towards drawing them from
their dependance upon the French etc. The Agent of the
Massachusetts Bay has not acquainted my Lords with the
substance of the Address from the General Assembly to H.M.
in relation to the controversy between your Province and that
of New Hampshire mentioned 12th April last, etc. They desire
that you will transmit to them directly all publick papers
relating to the affairs of your Province, for the future. [C.O.
5, 916. pp. 8, 9.]
310
COLONIAL PAPERS.
1727.
June 26.
Whitehall.
June 26.
Whitehall.
June 28.
June 28.
June 29.
New York.
June 29.
Virginia.
616. Same to Josiah Willard. Acknowledges letter of 21st
Nov. etc. The Excise Act mentioned to be sent therewith has
not been received. Concludes : Wherefore I am commanded
to desire, you will transmit the same by the first oppertunity,
and that you will be more punctual in sending whatsoever
papers are said to be inclosed in any letters which you shall
for the future send to this Office. [C.O. 5, 916. p. 10.]
617. Same to Lt. Governor Wentworth. Acknowledges
letter of 25th Sept. As to the boundaries etc., my Lords Com-
missioners, having discoursed with Mr. Dummer and Mr.
Newman, your Agent, find that Mr. Newman is not fully pre-
pared to have that matter finally determined, wherefore they
desire, you will send to him assoon as possible, as full Instruc-
tions as may be, that this matter may be immediatly settled.
[C.O. 5, 916. p. 11.]
618. Mr. Fane to the Council of Trade and Plantations.
Has no objection to 11 acts of New York. 1726, submitted
23rd Feb. last. Signed, Fran. Fane. Endorsed, Reed. 1st
July, 1727, Read 18th Nov., 1729. 2| pp. [C.O. 5, 1055.
ff. 38-39*;.]
619. Same to Same. Has no objection to 16 acts of New
York, 1726, submitted 8th Dec. 1726. Signed and endorsed
as preceding. 3 pp. [C.O. 5, 1055. ff. 40-41z;.]
620. Governor Burnet to the Council of Trade and
Plantations. Acknowledges letter of 2nd March. Will take
care that Acts are abstracted in the margins. Encloses accounts
of fines and forfeitures etc. " This Province is much obliged
to your Lordships for representing the French building a fort
at Niagara " etc. Repeats part of gist of No. 623. Hopes that
the Acts of New York will meet with their approbation,
" which will be the greatest means of keeping the Assembly
in good humour " etc. Set out, N.Y. Col. Docs. V. pp. 821,
822. Signed, W. Burnet. Endorsed, Reed. 26th Aug., Read
20th Sept., 1727. 2j pp. Enclosed,
620. i. Account of fines and forfeitures, New York, 8th
Aug. 1722 Lady day, 1727. Total receipts in N.Y.
currency, 15, less charges 2 11s. 3d. Signed, Archd.
Kennedy, Col., Rot. Ellison, Commr. Endorsed,
Reed. 26th Aug., 1727. 1 double p. [C.O. 5, 1054.
ff. 173-176*;.]
621 . President Carter to [the Duke of Newcastle]. Encloses
Journals of Council during his administration except of a late
Council, the minutes of which have not yet been read and
approved etc. Continues : Tho' I have hitherto received
AMERICA AND WEST INDIES.
311
1727.
June 29.
Virginia.
June 30.
no publick intimation of the war, with the Emperor and Spain,
I have nevertheless thought it expedient to use all necessary
precautions for the safety of our trade, wch. is of so great
consequence to H.M. with respect to his Customs, and of great
value both with regard to the British shipping employed in
*t, and the adventures of the merchants and planters : to
this purpose orders were given for the ships to sail hence in
fleets for their mutual defence in case they are attackd in
their passage ; and for their security agt. the enemys privateers
wch. are expected on this coast, they are to be convoyed a
convenient distance from hence by the man of war on this
station, and I hope the superiority of H.M. fleets will secure from
any danger on the British coast. I have the satisfaction to
informe your Grace that by the large export of tobacco this
year and the prospect of the crop now on the ground, H.M.
will receive a great increase of his Customs, and I have also
the pleasure to acquaint your Grace that this Colony is in
perfect tranquillity, etc. Signed, Robert Carter. Endorsed,
Rd. Aug. 21st. 2 pp. [C.O. 5, 1337. No. 36.]
622. Same to the Council of Trade and Plantations. Refers
to end. ii. " There have been upwards of 1,200 negroes
imported since and more daily expected, but none from the
African Company." Repeats gist of preceding. Continues :
Since my last (whereof a duplicate is inclosed) the owners of
the John and Betty have made the proof required etc. (v. 13th
May), and orders are given for restoring the money etc. Con-
cludes : As "'tis probable a Governor is now on his way hither,
who being a Military man may be better acquainted wth. those
matters than I am, I shal forbear troubling your Lordps. with
such things as occurr to me as highly necessary to the defence
of the country and security of trade etc. Signed, Robert Carter.
Endorsed, Reed. 21st Aug., Read 28th Sept., 1727. 2 pp.
Enclosed,
622. i. Minutes of Council of Virginia, 14th June, 1727, as
to convoys for merchant fleet etc. Copy. Ij pp.
622. ii. Account of negroes imported into Virginia, March
25, 1718 1727. (i) York River, by African Com-
pany, 427, by separate traders, 8145 ; James River,
by separate traders, 293 ; Rappahannock River,
by separate traders, 2186. 5J pp. [C.O. 5, 1320.
ff. 162, 162u., 163z;.-164z;., 165t;.-167, 168, 169, 171.]
623. Governor Burnet to the Duke of Newcastle. Has
York, but lately received letter of 24th in favour of Mr. Wood and his
patent for his copper coin for the Plantations, and will do him
all the service he can etc. Has just received on account that
the detachment sent up to protect the fort in the Indians'
country is arrived, and that the house is half finished, and
312
COLONIAL PAPERS.
1727.
June 30.
New York.
that they have met hitherto with no opposition from any
French or Indians. Continues: I hope the French will be
ordered to demolish theirs at Niagara, but while that stands,
it would seem an abandoning our Indians to them, not to have
one likewise among them. Encloses following. Signed, W.
Burnet. Endorsed, R. Aug. 27. 1 J pp. Enclosed,
623. i. Duplicated No. 620.
623. ii. Duplicate of No. 625. [C.O. 5, 1092. Nos. 55, 55 i, ii ;
and (covering letter only, endorsed, Rd. Dec. 19th) 5,
1085. No. 62.]
624. Governor Burnet to Mr. Popple. Refers to following.
" i nn( j the Members of New Jersey so uneasy at the thoughts
of meeting at their own costs, that I am very unwilling to meet
them in such an ill humour. I have had experience formerly
of the effects of such a disposition, and for that reason am the
more unwilling to be plagued with it again." Encloses Naval
Officer's accounts for New York and New Jersey. P.S. "I
shall lay out this fall to get the seeds and cones of pines desired
by my Lord Westmoreland " etc. Set out, N.Y. Col. Docs. V,
p. 822. Signed, W. Burnet. Endorsed, Reed. 26th Aug.,
Read 13th Sept., 1727. 1 J pp. [C.O. 5, 1054. ff, 165, 166t;. ;
and (duplicate, endorsed, Reed. 3rd July, Read 20th Sept.,
1727) 5, 972. ff. 142, 143i;.]
625. Same to the Council of Trade and Plantations. By
the Alexander, D. Downing, master. Acknowledges letter of
2nd March on New Jersey affairs. Does not think that he will
be able to induce the Assembly to sink the interest money.
Asks for leave to endeavour to bring them to apply half of it
to the current service. The Board's orders to stop applying
the interest money as before was not the cause of raising the
value of the money, because it was not at all known till it was
communicated by him to a few, and then no alteration in the
value of the money happened. 14,000 are already sunk,
which shows how fast the bills decrease without the help of
interest etc. Set out, N. J. Archives, 1st Ser. V, 165. Signed,
W. Burnet. Endorsed, Reed. 26th Aug., Read 13th Sept.,
1727. 3 pp. [C.O. 5, 972. ff. 134-135?;.]
June 30. 626. Mr. Fane to the Council of Trade and Plantations.
Reply to Nov. 2, 1726. Report upon the Act of St. Kitts
for establishing a Court of King's Bench and Common Pleas etc.
Exclusive of what regards Mr. Smith, this Act is a most wise
and prudent law etc. Signed, Fran. Fane. Endorsed, Reed.
1st, Read 4th July, 1727. 3 pp. [C.O. 152, 15. ff. 353-354U.]
July 2. 627. Duke of Newcastle to Mr. Walpole. Encloses follow-
Whitehaii. ing. Continues : H.M. has commanded me to renew the
directions contained in the letter, which by order of the late
June 30.
New York,
AMERICA AND WEST INDIES.
313
1727.
July 5.
Whitehall.
King I wrote to you the 31st May etc., and your Excy. is
accordingly to hear what the Mareshal d' Etrees has to offer
for accomodating this dispute, and to endeavour to adjust it
in the best manner you shall be able, and upon such terms
as you shall judge to be most for the publick service, as well
as for his Grace's particular interest. Refers for particulars
to enclosure. Signed, Holies Newcastle. Without endorse-
ment. Copy. 1 p. Enclosed,
627. i. Memorial of the Duke of Montagu to the King.
Repeats account of Sta. Lucia and proposal to share
it with M. d' Estrees, and requests renewal of instruc-
tion to Mr. Walpole to treat of this affair (v. 31st May).
Without date or signature. Endorsed, Sent to Mr.
Walpole, 2nd July, 1727. Copy. 5f pp. [C.O. 253,
1. Nos. 33, 33 i.]
628. Mr. Popple to Mr. Fane. Encloses for his opinion
j n point of law 14 Acts of S. Carolina,, passed March, 1727.
List annexed. [C.O. 5, 400. pp. 225-228.]
July 5. 629. Same to Same. Encloses for his opinion in point
Whitehall, of law, five Acts of the Massachusets Bay, 1726. [C.O. 5, 916.
P- 12.]
July 5. 630. Order of King in Council. Referring following to the
St. James's. Council of Trade and Plantations for their report. Signed,
Edward Southwell. Endorsed, Reed. Read 24th July, 1727.
1 p. Enclosed,
630. i. Petition of John Elliott, of Topsham, Devon, to the
King. Petitions for office of Collector of Customs
at Newberry, N.E., as a reward for his services in
taking seven sail of sloops etc. manned by Indians
who had attacked the Fishery at Canso in 1722.
Petitioner was dangerously wounded in the action
etc. Copy. 2J pp.
630. ii. Governor Philipps' Commission to Capt. Elliott to
proceed against the Indians referred to in preceding.
Canso, 25th July, 1722. Signed, R. Philipps. Copy.
2J pp. [C.O. 5, 870. ff. 1, 2-3, 4-5, 8v.]
July 8. 631 . Lt. Governor Gordon to the Duke of Newcastle. In
Philadelphia, obedience to his Grace's commands of 13th Jan., sends back
to London a son of one Edward Busby etc. Signed, P. Gordon.
Endorsed, Rd. Sept. 22nd. Holograph. 1 p. [C.O. 5, 1234.
No. 10.]
July 10. 632. Anon, to the Council of Trade and Plantations. The
Philadelphia, revenues of the Crown arising by the duty 011 tobacco are in
this trading city very much impaird by some persons trading
314
1727.
July 11.
Whitehall.
July 11.
Whitehall.
July 14.
Whitehall.
COLONIAL PAPERS.
to Barbadoes. Few vessels carry thither less than 30 to 150
tierces of tobacco containing 450 Ib. and never enter but from
4 to 20 tierces, the remainder passes for biscuit etc. Some are
of opinion the Collector is concerned with them, seeing they
are his nearest friends that practise itt, others ascribe his in-
activity and connivance to his great age and riches, being in
the 89th year of his age etc. Whatever the reason, the Crown
is defrauded yearly of the duty on at least 700 hhds. of tobacco
etc. Endorsed, Reed. 15th Jan., Read 8th May, 1728. Ad-
dressed. 2J pp. [C.O. 5, 1267. ff. 23-24U.]
633. Council of Trade and Plantations to the King.
Recommend for confirmation Act of New York to vest in Thomas
Hicks etc. (14th Dec. 1726). [C.O. 5, 1124. p. 408.]
634. Circular letter from the Council of Trade and Planta-
tions to the Governors of Plantations. Enclose H.M. Proclama-
tion for continuing all Officers in the Plantations till H.M.
further pleasure shall be known, " that you may cause the
same to be made publick within your Government " etc.
[C.O. 324, 11. p. 49.]
635. Order of Committee of Council. Referring to the
Council of Trade and Plantations the enclosed petition for
their report. Signed, Edward Southwell. Endorsed, Reed.
19th July, Read 27th Sept., 1727. 1 J pp. Enclosed,
635. i. Petition of Council and Assembly of S. Carolina to
the King, llth March, 1726(7). 120,000 was
printed and the greatest part issued before the repeal
of the Act for printing and making current 120,000
in bills of credit was received. The Assembly then
immediately passed a law directing 55,000 to be called
in and burnt, by funds which had been before appro-
priated to the support of H.M. Government. Pur-
suant to the said law 13,645 has been paid into the
Publick Treasury and burnt, and there is now due
for duties 13,432 9s. 6jd. not yet burnt. Since the
application of the said fund for calling in and burning
the bills of credit amounting to 55,000, your Majesty's
subjects in this Province are laid under insuperable
difficulties and hardships from the great taxes they
are obliged annually to raise for the security and
support of this Government, which as it is contiguous
to the Spaniards at St. Augustine, as well as the
French at Moville, they for several years have and
still are under a necessity to maintain three Garrisons
and keep a body of men constantly to range by land
and boats to scout by water to prevent the daily
incursions and murders by the Yamasee and other
AMERICA AND WEST INDIES. 315
1727.
Indians on your Majesty's subjects being on the
borders of the Province. In case of a war with either
the Spaniards or French this frontier Colony will be
in great danger of falling a sacrifice to the enemy
since the several fortifications in the Province are
almost ruined and quite defenceless. Under this
distress therefore it is that we in the most dutiful and
loyal manner represent to your sacred Majesty the
hard circumstances of your subjects in this remote
part of your Dominions and humbly pray that you'll
be graciously pleased to ease their great and heavy
taxes by giving your Royal Orders to your Govern-
ment here to permit your General Assembly to pass
a law whereby instead of burning the bills of credit
already and still to be paid into the Treasury by the
Sinking Fund abovemen coned, the said sum of 13,432
9s. Q^d., as well as what will hereafter arise for dutys
shall be forthwith issued and applyed for repairing
the fortifications and erecting such new ones in the
Province as shall be thought necessary for the security
and defence of the same, etc. Signed, in Council,
Ar. Middleton. By Order of the Commons House of
Assembly, Tho. Broughton, Speaker. Endorsed, Reed.
19th July, Read 27th Sept., 1727. 3j pp. [C.O. 5,
360. ff. 11-131;., I4a>.]
July 14. 636. Mr. Popple to Mr. Fane. Encloses, for his opinion
Whitehall, in point of law, Act of Antegoa, 1727, for raising a taxjor paying
publick debts and particularly applying said tax etc., and Act
of Montserrat, 1727, for raising a levy or poll-tax. [C.O. 153,
14. pp. 263, 264].
July 14. 637. Mr. Popple to Mr. Carkesse. Enquires whether the
Whitehall. Commissioners of the Customs require a copy of Mr. Dunbar's
proceedings concerning the effects taken out of a Spanish vessel
run aground at Barbouda etc. (v. 10th April, 1727). [C.O. 153,
14. pp. 264, 265.]
July 14. 638. Order of Committee of Council. Referring following
Whitehall, to the Council of Trade and Plantations for their report. Signed,
Edward Southwell. l pp. Enclosed,
638. i. Petition of Rev. Timothy Cutler, Samuel Miles,
James Honyman, James McSparran, Mathias Plant,
George Pigott and Samuel Johnson, all Clergymen of
the Church of England, as by law established, on
behalf of themselves and several Congregations of
the Church of England in the Province of the Massa-
chusetts Bay etc. Abstract. Since the granting of
the Charter of Charles I, the Independants being
316 COLONIAL PAPERS.
1727.
more numerous than the people of the Church of
England have, in direct opposition to the Charter
and to the laws and constitutions of this Kingdom,
passed several laws in order to oppress the Church
of England people and other Christian inhabitants
conscientiously differing from the said Independants.
Describe Acts for the settlement and support of the
Ministers and Schoolmasters etc. and for maintaining
and propagating religion etc., 1692. ff. Continue :
Petitioners have been sent over as Missionaries to
New England by the Honble. Society for the Propa-
gation of the Gospel etc., and have laid a very fair
foundation of instructing great numbers of the
inhabitants there etc. who are of themselves very
desirous of embracing the Church of England worship
etc., and wherein they should have made a much
greater progress but for the oppressions and hardships
which they continually received from the Independants
which they continue daily to exercise towards your
Petrs. and all that become members of their
congregations by unwarrantably rating and assessing
them for the support and maintenance of the Inde-
pendant teachers, and for the repairing and building
the Independant Meeting houses, and in default of
payment by distraining their goods, and laying their
persons in actual imprisonment, and using all methods
possible to discourage the inhabitants from embracing
our Government doctrine and Liturgy whereby the
members of our churches are miserably distressed
by the force and violence that is used upon their
persons and estates in case of the least refusal or delay
to contribute to the support of the dissenting teachers
and their meeting houses, and on which account at
least thirty of the members of the Church of England
have been imprisoned at one time in one town, and
which your Petrs. humbly represent to your Majesty
as the greatest obstacle to the encreasing of the
members of the Church of England in that Province,
it not being to be expected that tho' in their hearts
the inhabitants are entirely disposed to the doctrine
of the Church of England, that they should openly
come into that profession under which (as matters
now stand) they cannot have protection but are liable
to imprisonment and all the distresses of the perse-
cuting resentments of the governing power there,
which is vested in the Independants with whom the
Church of England professors are not at present even
upon a level. Such is the unhappy circumstances of
the Established Church of England in this Province,
AMERICA AND WEST INDIES. 317
1727.
whereas were such of the inhabitants who according
to their own desires should become members to the
Church of England exempted and protected from
rates to the Independant teachers, there is great
reason to believe many would be daily added to the
Church, and by that means the Church enlarged, and
your Majesty's supremacy in ecclesiastical affairs be
acknowledged, which at present is but too much
neglected in that Province. That therefore and as
the said Acts in the rigid manner in which they are
put in execution may affect the lives as well as the
consciences, religion, liberties and properties of your
Petrs. and their congregations, and your Petrs.
being still apprehensive of greater sufferings, they
most humbly beg leave to lay the said Acts before
your Majesty in Council for your Royal consideration
thereof pursuant to the directions of the said Charter
and humbly submit it to your Majesty s consideration
whether the same are warranted by their Charter
and humbly hope your Majesty will be pleased to
repeal the same (amongst several others) for the
following reasons, vizt. : First in regard no National
or Provincial Church is by the said Charter established
in the said Province but an extensive and universal
liberty of conscience is thereby given and preserved
to all sects and denominations of Christians, inhabiting
the said Province (Papists only excepted) and no one
sect preferred above the other by the said Charter
in respect to Church power or government a free
liberty of conscience being the principal foundation
of the said Charter. Secondly in regard the said Acts
tend in the strictest manner to the suppression of a
free liberty of conscience expressly granted by the
said Charter, and in direct opposition thereto setts
up Independancy above your Majesty's other
Protestant subjects in general and of their Mother
Church in particular, to which your Petrs. belong
and instead of disposing matters so as that all your
Majesty's subjects there may be peacably and
religiously governed and protected and preserving
to them their free profession and securing and main-
taining liberty of conscience to all your Majesty's
Protestant subjects, the said acts in the execution
and consequences of them entirely take away all
liberty of conscience, the security of religion, and
invade the civil liberties and properties, and the
rights and priviledges granted to all your Majesty's
Protestant subjects by the said Charter. Thirdly in
regard the general Court have not by the said Charter
318 COLONIAL PAPERS.
1727.
(as your Petrs. humbly apprehend) any power to
make any laws imposing anything relating to any
particular form of divine worship, especially to assess
the Protestants of one denomination in support of
those of another they being only empowered by the
Charter (as your Petrs. humbly apprehend) to make
assessments for your Majesty's service in the necessary
defence and support of the Government and not for
the support of a teacher of any particular opinion
whatever which is conceived to be directly contrary
to the end the Charter had in view, and if the Charter
had given any further power, your Petrs. humbly
apprehend it is not to be supposed the Charter would
have preferred Independant teachers (which are all
along meant by learned and orthodox Ministers in
the said Acts) before the Church of England Ministers
and therefore should these acts enure they will
effectually deprive your Majesty s subjects there of
the liberty of conscience granted them by the said
Charter, in regard the said Legislature will construe
none orthodox but their own Independant teachers.
Fourthly by these laws and the rigid manner of carrying
them into execution great distresses and discourage-
ments are brought upon our Mother Church and the
inhabitants of the said Province, who would otherwise
freely embrace the publick benefit of the Church of
England are thereby greatly discouraged from openly
professing themselves members thereof, whereas if
these Acts were repealed and any Acts of the like
nature prevented from being passed for the future,
it is very reasonable to believe the members of the
Church of England would receive a daily encrease,
and that by this means many flourishing Churches
would be very soon effectually established amongst
us. Wherefore and for several other reasons and as
the said laws are apprehended to be contrary and
repugnant to the Laws of England and should these
Acts enure they would be of the most dangerous
consequence not only to the Members of the Church
of England, in the said Province, but also to your
Majesty's other Colonies and Plantations abroad, and
that your Petrs. and all the members of the Estab-
lished Church of England in this Province may be
freed from the payment of all rates for the maintenance
of teachers of any other perswasion. Your Petitioners
for themselves and their suffering brethren most
humbly pray your Majesty to take all the said several
Acts before stated into your Majesty's Royal con-
sideration and that your Majesty will thereupon be
AMERICA AND WEST INDIES. 319
1727.
pleased to pronounce your royal negative and repeal
the same and each of them, and that the proper and
necessary directions may be given to prevent any
Acts of the like oppressive nature from being passed
for the future, and that your Majesty will be pleased
to make such further and other order in the premisses
as your Majesty in your great wisdom and goodness
shall see fitting to provide. 14| pp. [C.O. 5, 870.
ff. 11-20, 220.].
July 16. 639. President Ayscough to the Duke of Newcastle. Refers
Jamaica, to letter of 24th April and enclosed Speech to the new Assembly.
Continues : But the same spirit has appeared in them as in
the former Assemblies ; The first thing they begun upon was
renewing and justifying the proceedings of late Assemblies,
particularly with respect to taking the Provost Marshall into
custody ; then they ordered several bills to be brought in
particularly one for providing for the soldiers of the two Inde-
pendent Companies only for twelve months, another bill for
raising a revenue only for 21 years wherein they were to give
the King no more than the old Revenue mentioned in
the late 21 years laws, and several other extraordinary bills
too tedious to trouble your Grace with the mention of them
and at last they came to several very ridiculous resolutions on
my Speech, and sent me a very indecent message (inclosed).
This is all the answer I have been able to obtain from them in
return to H.M. most gracious recommendations concerning
the draught of the bill for perpetuating their laws ; so finding
little good was to be expected from them the Council advised
me to prorogue them, and they now stand prorogued to the
22nd of August next : As I cannot expect any success from
them (were they allowed to meet at that time) so I shall prorogue
them from time to time until H.M. shall be pleased to signify
his further pleasure concerning them ; They have been lately
buoyed up with some private letter from home intimating as
if H.M. intended to recced from the draught recommended to
them ; if so, my successor will be very easy for the first year
in his Government ; but it is obvious to the meanest capacity
that when once the Assembly have got their laws made perpetual
and that a sufficient revenue is not therein provided for the
support of H.M. Government equal to the annual charge, a
Governour must be dependent upon them, and continual broils
will ensue. H.M. goodness has been very great (if our Assembly
had but gratitude to acknowledge it) in accepting of the Revenue
annexed to the draught ; for the charges of the Government
increase yearly and even were the Assembly inclinable to make
the Revenue 10,000 per annum yet there would be a consider-
able deficiency to the annual charge : the new impost upon
indigo computed at 3,000 per annum mentioned in the draught
320
COLONIAL PAPERS.
1727.
will fall considerably short of that sum, allowing a free trade,
and, should ever a rupture happen with France, it will fatally
sink : Your Grace is certainly the best judge how far what
I have said may be proper to be laid before H.M. ; but it is of
great importance to the future tranquility of his Government
here to have a sufficient revenue settled of equal duration with
their laws : I am glad to acquaint your Grace that since my
last we have tolerable seasons in most parts of this Island, so
that the country begins to have a different view ; tho' the
trade of the Island is dull and little or no money circulating.
We have no late advices from Admiral Hosier ; the last we had
gave an account that he and five ships were lying near to
Carthagena ; since which three more ships are sailed from
hence to joyn them. Signed, J. Ayscough. Endorsed, R.
Sepr. 6. 2f pp. Enclosed,
639. i. Copy of the Weekly Jamaica Courant, 31st May,
1727. Contains the Speech of President Ayscough
to the Council and Assembly of Jamaica, 23rd May,
etc. Refers to the repeated commands he has received
from H.M. to recommend to them the perpetuating
their laws etc. Printed. 4 pp.
639. ii. Reply of Assembly to preceding. Ask that H.M.
repeated commands referred to may be communicated
to them. As an instance of their dutiful and loyal
obedience to H.M. recommendations, they send up a
bill making the usual provision for the two Independent
Companies, which former Assemblies had prepared,
but were prevented from sending up by frequent
dissolutions and prorogations. They do not conceive
that H.M. ever intended to impose on them the
draught of the bill sent down to them, etc. Copy.
It PP-
639. iii. Resolutions by the Assembly of Jamaica, 1st June,
1727. Copy. 2 pp. [C.O. 137, 52. ff. 335, 335^.,
337-34.li;.]
July 16.
Jamaica.
640. President Ayscough to the Council of Trade and
Plantations. Repeats preceding covering letter. Signed, J.
Ayscough. Endorsed, Reed. 6th, Read 7th Sept., 1727. 2f pp.
[C.O. 137, 17. ff. 5-6u.]
July 17.
Whitehall.
641. Duke of Newcastle to the Council of Trade and
Plantations. H.M. having been pleased to appoint Majr.
Genl. Hunter to be Governor of Jamaica, draughts of his Com-
mission and Instructions are to be prepared etc. (v. Feb. 14).
Signed, Holies Newcastle. Endorsed, Reed. 17th, Read 18th
July, 1727. f p. [C.O, 137, 17. ff. 1, 2v.]
AMERICA AND WEST INDIES.
321
1727.
July 18.
Whitehall.
July 18.
Whitehall.
July 18.
Whitehall.
July 19.
Whitehall.
July 19.
Custom ho.
London.
642. Council of Trade and Plantations to Governor Hart.
We have several times had under our consideration an Act of
St. Christophers, 1724, for establishing a Court of King's Bench
etc., and find the said Act, so far as it relates to the establishing
of Courts, and to the advancement of Justice, to be a prudent
law and calculated for many good and necessary ends and
purposes ; But as Mr. Smith has laid before us what he has to
offer against it with respect to the appointment of a Judge's
Clerk, and as we find upon comparing the docket of fees estab-
lished by this Act, with that settled by the Act pass'd in 1715,
which is by this repeal'd, that some of those fees given to the
Secretary, are now given to the Judge's Clerk, who is an officer
newly created ; we are of opinion that this Act with respect to
the Secretary's fees, is an encroachment upon his patent, and
contrary to your 56th Instruction ; for these reasons, we should
have propos'd the repeal of this act ; But considering that in
other respects, this is a necessary law, we think, you will do
well to get a law pass'd to repeal so much of this as alters the
Secretary's fees etc. [C.O. 153, 14. pp. 265-267.]
643. Same to the Duke of Newcastle. Enclose extracts of
Governor Hart's letter of 10th April, and papers relating to a
Spanish vessel run aground at Barbuda etc., and to ships the
Spaniards are building at the Havanna to cruise upon our trade
etc. Transmit, for H.M. directions thereupon, a bag of letters
found in said ship. Autograph signatures. 2 pp. [C.O. 152,
40. No. 24 ; and 153, 14. pp. 268, 269.]
644. Mr. Popple to John Scrope, Secretary to the Treasury.
Encloses above extract. [C.O. 153, 14. pp. 269, 270.]
645. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before H.M. Annexed,
645. i. Same to the King. Enclose following.
645. ii. Draught of Commission for Governor Hunter. In
the usual form. [C.O. 138, 17. pp. 211-230.]
646. Mr. Carkesse to Mr. Popple. In reply to 14th July,
encloses following. Signed, Cha. Carkesse. Endorsed, Reed.
29th May, 1725, Read 3rd Oct., 1727. Addressed. 1 p.
Enclosed,
646. i. Charles Dunbar, Surveyor General of the Customs
in Barbados and the Leeward Islands, to the Com-
missioners of Customs. Antigua, April 20th, 1727.
Describes proceedings in case of the Tometa Reta,
cast away on Barbuda, v. supra April 10, and asks
for instructions as to goods detained by him. Signed,
Cha. Dunbar. Copy. 3j pp. [C.O. 152, 16. ff. 11,
12-13*;., 140.]
C.P. XXXV 21
322 COLONIAL PAPERS.
1727.
July 20. 647. Duke of Newcastle to the Council of Trade and
Whitehall. Plantations. You are to prepare an Instruction for Governor
Hunter, relating to his appointments, agreable to that which
was prepared for the late Duke of Portland etc. (v. llth Oct.
1721). Signed, Holies Newcastle. Endorsed, Reed. 21st,
Read 24th July, 1727. 1 p. [C.O. 137, 17. ff. 3, 4i>.]
July 23. 648. Wavell Smith to Temple Stanyan. Encloses following,
and reminds him that " it was judg'd proper it should be sent
from his Grace of Newcastle directing the board of trade to
incert it in Lord Londonderry's Instructions It is only
to prevent a long solicitation in case the first Assembly should
not settle on the Governor and new ones calPd who may be
inclined to do it " etc. Offers his services in the Leeward Islands
etc. Signed, Wavll. Smith. Addressed. Sealed. 1 p.
Enclosed,
648. i. Governor the Earl of Londonderry to the Council
of Trade and Plantations. Quotes case of Governor
Hart in Antigua and requests that the following clause
may be added to his 32nd Instruction, limiting presents
to the Governor to the first Assembly after his arrival :
But in case it shall so happen that you shall see good
and sufficient cause to dissolve all or any of the
respective Assembly? you shall find subsisting at
your arrival before they have settled such sum as we
have permitted you to accept etc., we do (notwith-
standing the aforesaid restriction) permit you to give
your assent to such act or acts that all or any of the
second respective Assembly s may think proper to
pass in order to raise a summ for the augmentation
of your salary, provided in every such act or acts so
pass'd by such second Assembly or Assembly s there
be a clause restraining their taking effect, untill our
particular pleasure be known thereupon." If p.
[C.O. 152, 43. ff. 14, 15t;.-16t;.]
July 24. 649. Wm. Hammerton to Governor Nicholson. Encloses
So. Carolina, his accounts as Naval Officer, Dec. 25 June 24 etc. The
fvn ' certain report of a warr made us flatter ourselves of your Eccys.
presence before now etc. Refers to disturbances caused by
Landgrave Smith's intended rebellion etc. The Attorney
General has accepted of the Judge of Admiralty till further
orders in room of Major Blake wey deed. Begs to be appointed
to the place of vendue-master in his stead, etc. Signed, Wm.
Hammerton. Endorsed, Reed. 2nd Jan., 172 J, Read 16th
July, 1729. Addressed. 2 pp. [C.O. 5, 360. ff. 151-1520.]
July 24. 650. President Carter to the Council of Trade and
Virginia. Plantations. Refers to letter of 29th June and encloses list
AMERICA AND WEST INDIES.
323
1727.
July 25.
Whitehall.
July 29.
St. James's.
Aug. 1.
London.
Aug. 1.
Aug. 4.
Barbados.
of entrances and clearances of vessels for Accomack district.
Concludes : Little alteration hath happend in ye Governmt.
since Coll. Jennings departed this life the 5th instant etc.
Signed, Robert Carter. Endorsed, Reed, llth, Read 28th
Sept., 1727. 1 p. [C.O. 5, 1320. ff. 172, 173u.]
651. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before H.M. Annexed,
651. i. Same to the King. Representation accompanying
following. A repetition of 8th June, q.v. Prefixed,
651. ii. H.M. Instructions to Governor Hunter (v. June 8th).
Dated, 12th Aug., 1727. [C.O. 138, 17. pp. 153-210,
231-235.]
652. Order of King in Council. Referring to Committee
report of the Board of Trade upon Col. Spotswood's petition.
Signed, Ja. Vernon. Endorsed, Reed, llth, Read 13th Sept.,
1727. 1J pp. [C.O. 5, 1320. ff. 151, I5lv., 152u.]
653. James Buchanan to Michael Shaw, at the Croun
Coffee house, behind the Exchange. Memorial of loss and
damage (46 lls. 5d.) suffered by John Luke & Co., Glasgow,
for loss of goods shipped on their account on board the Anne
captured by six Spanish men of war off the Scilly Islands,
April, 1727. Signed, James Buchanan. Addressed. J p.
[C.O. 388, 27. No. 79.]
654. Extract of letter from the Duke of Newcastle to
Mr. Walpole. You will see in one of our newspapers, that
there is an account of some of our ships that have been taken
by the French in or near Sta. Lucia ; This has encouraged the
Duke of Montagu to renew his application to H.M. for settling
his affair, and the King would be very glad if your Excy.,
pursuant to what I have formerly written to you upon this
matter, could come to any agreement with the French upon
it, that might be of service to the Kingdom in general, and be
of advantage to the Duke of Montagu in particular. Copy.
f p. [C.O. 253, 1. No. 34.]
655. Governor Worsley to the Duke of Newcastle. That
the Assembly for this year might have a sufficient time to pass
an Excise bill before the last should expire, I dissolved the
last Assembly the 26th of June last, and by the advice and
consent of H.M. Council called a new one to meet the 18th
of July, when they met and chose Col. Peers, son in law to the
late President Cox, to be their Speaker. The last Assembly
upon their first meeting were very pressing for a self denying
bill, by which they would incapacitate all officers civil and
millitary even justices of the Peace from being chosen Assembly-
324 COLONIAL PAPERS.
1727.
men, which not passing, they did not make a House from 22nd
Nov., 1726 till 16th May, finding the disposition of the last
Assembly I thought it proper at the openning of the present
(in my Speech, of which I send a copy etc.) to remind them of
H.M. Prerogative, and by their proceedings the first and
second days of their meeting, whereof I have likewise sent
a copy, your Grace will judge of their inclinations ; on their
first days meeting, they added a new rule, " That the names
of the Members voting for or against any motion, bill, or other
proceeding of the House, be incerted by the Clerk in the Minutes
of the House," as if they designed to glory in what they
proposed to undertake ; In the second days Minutes your Grace
will see that as their Speaker was taken very ill and could not
attend the service of the House, they chose Mr. Sutton their
Speaker pro tempore, upon which a motion was made, that as
Mr. Sutton had lately fallen under H.M. displeasure, the House
would consider, whether he was a proper person to be Speaker
of that House, or not, when to avoid putting that question, a
motion was made, that a previous question might be put,
whether it did appear to that House that Mr. Sutton was
fallen under H.M. displeasure so as to be disqualified from
being Speaker, or not, and it was carried he was not. Then
a motion was made that two Members might be sent to me to
acquaint me, that the House had chosen Mr. Sutton their
Speaker pro tempore, and to desire to know whether I did
approve etc. It was carried that it was unnecessary and
impresidential. As by such a proceeding I conceive they had
assumed to themselves a power, that could not belong to
them, I therefore thought it convenient to send them the
following massage, which I did by the Deputy Provost Marshall
the first day of August, to which time I had adjourned them
before I had seen their aforesaid Minutes, " Gentlemen, His
Excellency having observed by the Minutes of the Assembly,
that on a motion made that two Members may be sent to
H.E., to acquaint him, that the House had chosen the Honble.
Edmund Sutton Esqr. their Speaker pro tempore, the said
motion was rejected, as unnecessary ; commands me to
acquaint you that you have thereby unlawfully assumed to
yourselves a power, that does not belong to you, and in an
unwarrantable manner encroached on H.M. undoubted
Prerogative, which H.E. conceives is of a very high, and
dangerous consequence with regard to H.M. service, and the
good Government of this Island, insomuch that H.E. could
not suffer so extraordinary a procedure to pass, without shewing
his displeasure thereat, but thought it absolutely necessary
for both those ends to signify such his displeasure. H.E.
hopes that as this conduct might possibly proceed from in-
advertency only, the House will apprehend it to be their duty
forthwith to retract their vote and to forbear proceeding on
AMERICA AND WEST INDIES. 325
1727.
any other business till they have made choice of a Speaker,
that shall be approved of by H.E. And it is H.E.'s further
pleasure, that on your having made choice of a Speaker pro
tempore, you do adjourn to this day sev'night in order to
present him to H.E. for his approbation." As to what relates
to me which your Grace will see in the petition the Assembly
makes to H.M. etc., I can say I have reason to be very proud
that an Assembly so disposed, have objected nothing to me,
but that I had too great an allowance settled upon me etc. As
to the matters of fact alledged in the petition, wherein they
mention droughts, blasts, and heavy load of debts the publick
labours under, it would have been a specious argument against
my settlement upon my first arrival, but the country has been
in a flourishing condition ever since. I have been told that
for two years before my arrival here, there was hardly any
crop made, and the publick was then greatly in debt and indeed
in the utmost confusion for by an estimate I then ordered to
be laid before me by the Committee of publick accounts
(enclosed), the debts of the publick amounted to 30,935 8s.
10 \d., and it is computed that by October next, when the taxes
will be all gathered in, there will not be above 10,000 due
from the publick. I must further observe to your Grace
two motions in the 2d day's Minutes of the Assembly, that the
aforemention'd petition to H.M. is to be forthwith transmitted
to Great Britain by the Honble. Henry Peers Esqr., Speaker,
if his health will permit him so to do, but if his illness hinder
him, then it is to be transmitted thither by Thos. Spencer,
James Bruce and John Bignall Esqrs., and in the other motion,
the expence and charge of presenting and solliciting upon the
sd. petition should be borne and defrayed by the publick,
both which motions were approved of, which they say is to be
incerted in the Excise Bill, whence they will assume to them-
selves not only the power of raising money, and appointing
the uses of it, but may create as many offices, and officers as
they shall think fit in their Excise Bill, and if the Governor
and Council should not give their consent to it, the only money
bill for the support of the Government must be lost ; They
talk also of passing a self-denying bill, and of tacking that
to their Excise bill ; In one word I may justly say upon these
considerations, that this part of the world is infected with the
maxims of the Representatives in New England, they put
themselves here upon the very same foot with the Parliament
in Great Britain, and if I mistake not H.M. Commission, and
Instructions to me, are the foundation of this Government,
in which H.M. has been most graciously pleased to command
me to let them enjoy the priveledges wch. the English have by
the Magna Charta and the Habeas Corpus Acts, which com-
mands of H.M. would be unnecessary, if they had otherways
a right to them ; nor do I find any power there is of holding
326
COLONIAL PAPERS.
1727.
Aug. 4.
Barbados.
Assemblys in this Island, but by H.M. Commission, nor do I
conceive any right they have of forming any rules to them-
selves, that can in the least tend to an encroachment upon
H.M. prerogative, which the Crown has always asserted in
Great Britain. I am sure the proceedings of these people
here, if some stop be not put to them, must in time weaken
their dependance on the Crown of Great Britain. They have
introduced a custom in the Assembly of choosing a Speaker
every three months, as well as pro tempore, in case of a Speaker's
illness, and as the person so chosen has always been the same
that was first chosen Speaker, and approved of by the Governour
at their first meeting, the Governours have not insisted on
their being presented to them for their approbation, they alledge
two instances, one in Mr. Lowther's Government and the other
in Mr. Cox's, when the Speaker was chosen pro tempore, and
not presented to either Mr. Lowther, or Mr. Cox for their
approbation, but then I am very well informed that both Mr.
Lowther, and Mr. Cox recommended them, and they were
chosen unanimously, but I cannot see how they can infer from
thence, that the Governour's approbation is unnecessary.
Signed, Henry Worsley. Endorsed, Rd. Sept. 28th. 10 pp.
Enclosed,
655. i. An estimate of the public account current. Feb.
1722(3). v. covering letter. 2 pp.
655. ii. List of (25) causes at the Grand Sessions of Barbados,
13th 15th June, 1727. Signed, Cha. Browne.
Dep. Cl. Cost, f p.
655. iii. Duplicate of preceding. [C.O. 28, 44. Nos. Ill,
111. i-iii.]
656. Governor Worsley to the Council of Trade and
Plantations. Duplicate of preceding covering letter. Signed,
Henry Worsley. Endorsed, Reed. 2nd, Read 20th Oct., 1727.
10 pp. Enclosed,
656. i. Speech of Governor Worsley to the Assembly.
Recommends to them the passing of Excise bill, bill
to prevent carrying off negroes, and bill e^mbodying
parts of the statute of frauds and perjuries etc. Copy.
31 pp.
656. ii. Duplicate of No. 655 i. [C.O. 28, 19. ff.
Aug. 5. 657. Order of King in Council. Confirming Act of New
St. James's. York to vest in Thomas Hicks etc. Signed, Jas. Vernqn.
Endorsed, Reed, llth Sept., Read 13th Dec., 1727. 2 pp.
[C.O. 5, 1054. ff. 167, 168z>. ; and (duplicate but dated Kensing-
ton, and endorsed Reed. 29th, Read 30th April, 1728) 232,
232v.,
AMERICA AND WEST INDIES.
327
1727.
Aug. 5. 658. Order of King in Council. The 22nd Article in the
St. Jame's. draught of Instructions of Governor Hunter relating to the
passing of laws for laying duties on the importation and expor-
tation of negroes is to be omitted for the present. Copies of
the papers relating thereto which have been presented by the
South Sea Company and Merchants trading to Jamaica, and
the Report of the Board of Trade are to be put into the hands
of Governor Hunter, who is to make all possible enquiry into
the truth of the several facts therein alledged, and to transmit
a true state of this affair to H.M. at this Board with all con-
venient speed etc. Signed, Ja. Vernon. Endorsed, Reed,
llth, Read 13th Sept., 1727. If pp. [C.O. 137, 17. ff. 7,
7v., 8v.]
Aug. 5. 659. Order of King in Council. Confirming Act of Jamaica
st. James's, f or se ttling the N.E. part of the Island. Signed and endorsed as
preceding. 2 pp. [C.O. 137, 17. ff. 9, 90., lOz;. ; and (dupli-
cate, endorsed, Reed. 29th, Read 30th April, 1728) 32, 32v., S3v.]
Aug. 5. 660. Order of King in Council. Approving draft of
st. James's. Governor Hunter's Instructions, omitting the 22nd and altering
the 32nd Article etc. v. A. P. C. III. No. 125. Signed and
endorsed as preceding. 2 pp. [C.O. 137, 17. ff. 11, lit;.,
I2v. ; and (duplicate, endorsed, Reed. 29th, Read 30th April,
1728) 30, 30z\, 31t;.]
Aug. 7. 661 . Lt. Governor Wentworth to the Council of Trade
N P< EnTand and Plantations - M Y last bears date Aprill 8th past,
duplicates of which I forwarded by ye Industry William
Shephardson Commander which hope came safe to hand ; since
which I received a letter from Mr. Popple by your Lordships
command bearing date Janry. ye 3rd, last which letter came to
my hand about ye middle of Aprill following with Mr. Attorney
and Sollicitor Generals opinion concerning H.M. right to ye
woods, a coppy gave to the Deputy Serveyor for his better
goverment. I don't know but this will stringthen ye
Serveyor something in this Province ; but in ye Massachusets
they will not mind it. Since Mr. Attorney and Sollicitor
General are of opinion that it is H.M. just right that all such
trees should be reserved humbly am of opinion that an addi-
tional clause be to that Act, of the 8th of his present Majesty's
reignn (vizt.) in townships as well as out without respect to
either ; for if the Act be not severe the people will break in
upon it. I shall say no more relating the King's woods, least
I shd. be thot troublesome, but shall do my utmost to preserve
the trees from being destroyed. Those that are imployed, as
agents ; to the contracter for masts, (vizt.) Mr. Gulston they
have great oppertunitys to make waste of pine trees here by
falling more then they want and those people that are imployed
328 COLONIAL PAPERS.
1727.
in that service are generally concerned in saw mills, that what
they don't make use of for masts are free for ye mill men.
having been told that great quantitys have been cut down
formerly for that end. I don't know that it is so now. neither
do I mention this by way of complaint. I only humbly offer
that a letter may be wrote by your Lordships command to the
Deputy Serveyor, or to whom your Lordships may think
proper which may prevent the destruction of many a good
mast. This Goverment joyned with the Massachusets and
Nova Scotia in ratifying the Peace made with the Eastern
Indians. Where Lieutenant Governour Dummer, myself, and
Major Maskareen on the part of Nova Scotia, was present at
Falmouth in Casco Bay the 31st July last past : were three
tribes present (vizt. Arresagunbeook, Norridgewocks, and
Wowenocks that borders near Cannada made their subjection
to King George and confirmed the peace we made with the
Penobscots last summer, a perticular account your Lordships
will receive from Lieutennant Governor Dummer. that Govern-
ment being chiefly concern'd in making this last war. I hope
we shall have a lasting peace with the Indians which will verry
much contribute to the settlement of this Province. According
to your Lordships order, I have given directions to the Naval
Officer to be careful in sending home the amount of all negroes
here imported. Within this month past we have had more
negroes imported then for many years before vizt : twelve from
Antigua, eleven from the Island of Tercera, one of ye Western
Islands and two from Nevis most of them new sent here for
sale in our trading vessels. I have herewith inclosed the
Journals of Council with what Acts I have passed from
November 1726 to May 1727 together with the remaining
stores and expence of gun powder to the 28th May 1727. I
hope your Lordships will be pleased to be put in mind how
verry bare we are of stores of all sorts at Fort William and
Mary so I found it, at first when I had the honour of com-
manding it. our agent has instructions to sollicit, am in hopes
we shall succeed tho' we wait long. Mr. Bacon our Collector
of this port accounts will come by the next. The trade of the
country which is almost at a stand, partly occasioned by the
warr with Spain it's thot two hundred thousands quintals fish
now remains in ye country for want of the usual number of
shipping to carry it of one thing more that has greatly crampt
our trade which is calling in our bills of credit. With greatest
submission to H.M. Instructions that was of late sent, to these
Goverments. Humbly take leave to say a word or two ; I
designe it for the good of trade and the incouragement of the
manufacturies in England, the trade of this country has been
five times more within these last ten years then before (this
reason) that we have had a medium which has increas'd the
trade and incouraged people to run more into it ; so that the
AMERICA AND WEST INDIES. 329
1727.
makeing their own cloathing has decreased, by reason of the
currency of paper credit ; by this means we have had more
merchandize, perticularly woolens from England within these
seven years past, then in twenty or twenty-five years before,
and I am perswaded that the Custom Housses in London and
the several sorts in England will evidence the verity of it. I
dont conceive that this great trade has been so advantageous
to this country but chieffry to support our ambition. The
common people are come to that pitch that they will wear
nothing less then the best of cloaths and so in proportion now
the calling in the bills of credit put everybody upon thots.
for if the merchant has not money, then the tradesmen, nor
country men cant have it. So that they will be obligded to
spin their own cloathing ; or wear none ; and live within
themselves. The contrary a sufficiency of bills of credit makes
them live in great plenty and trade circulates quick, but when
no medium then its stagnated to that degree that the grass
in Boston streets will soon appear, its hardly possible to conceive
the difference that the calling in the last hundred thousand
pounds has made, neither gold nor silver remains with us. The
ballance of trade so verry much in favour of Great Brittain. but
as fast as it comes in, so soon its shipt off. and there our whole
trade naturally centers, if no paper credit then the people will
be oblidged to keep the silver here. I suppose three hundred
thousand pounds would answer the end their's not in boath
goverments (not exceeding forty) but would gladly petition
the King for striking bills of credit and those forty are the
great usurers of the country who layes wait for his neighbours
land &c. as for my own part I want it as little as any, I'm no
trading man my farms brings me victuals and drink and for
cloathing I must do as I can, I beg your Lordships will forgive
the freedom I have taken with my most dutifull respects etc.
P.S. Aug. 24>th. Since the within we have the surprising
news of the death of H.M. King George which has filled our
hearts with a dutifull sorrow, in proportion to the great joy
we had upon H.M. accession to the Throne. I pray God that
King George the Second may long live ; to reign over us.
On Thursday the llth day of August the funeral solemnities
for King George the first was observed, at Castle William and
Mary, by fireing half minute guns, attended by myself and
H.M. Councill with the Representatives and a considerable
number of gentlemen and others. The afternoon the flag
was hoisted and the cannon discharged three times with great
huzzas and acclamations of joy (let King George the Second
long live) a regiment of foot and throop of horss also attended.
I have summonds all the officers civill and millitary to attend
the next week to take the oaths appointed by Act of Parliament
to King George the Second whom God preserve. I shall always
be ready and willing to obey your Lordships commands in
330
COLONIAL PAPERS.
1727.
Aug. 8.
Aug. 9.
Whitehall.
Aug. 10.
Whitehall.
Aug. 11.
Kensington.
Aug. 12.
Whitehall.
Aug. 12.
Whitehall.
everything in my power thats for the Kings interest. Signed,
Jno. Wentworth. Endorsed, Reed. 2nd Oct., 1727, Read 16th
Feb. 172|. Holograph. 4 pp. Enclosed,
661. i. List of Stores remaining in Fort William and Mary,
Newcastle, N. H., 28th May, 1727. Signed, Jno.
Wentworth. Endorsed, Reed. 2nd Oct., 1727. 3 pp.
[C.O. 5, 870. ff. 41t;.-43t;., 44r;.-46i;.]
662. Thomas Mildred to Michael Shaw (v. 1st Aug.).
Memorial of loss and damage suffered by him (61 14s.) for
merchandize shipped on board the Anne etc. Signed, Thy
freind unknown, Tho. Mildred. Addressed. Ij pp. [C.O.
388, 27. No. 82.]
663. Lord Townshend to the Council of Trade and Planta-
tions. H.M. having been pleased to continue the Earl of
Orkeney in the employment of Governor of Virginia, you are
to prepare draughts of Commission and Instructions etc. Signed,
Townshend. Endorsed, Reed. 9th, Read 12th Aug., 1727. 1 p.
[C.O. 5, 1320. ff. 139, 140u.]
664. Lord Townshend to the Council of Trade and Planta-
tions. H.M. has been pleased to continue Alured Popple Esq.
in the employment of Secretary to H.M. Commissioners for
Trade etc. Signed, Townshend. Endorsed, Reed. 10th, Read
12th Aug., 1727. f p. [C.O. 388, 79. No. 1.]
665. H.M. Sign Manual for preparing a Commission for the
Bishop of London to exercise his ecclesiastical jurisdiction in
the Plantations. Countersigned, Holies Newcastle. Mem.
A caveat having been entered at the Privy Seal Office against
this Commission it passed the Signet only, but upon the altera-
tions made to it by the Bishop of London, another warrant
was signed etc. v. 16th Feb., 1728. [C.O. 324, 36. pp. 1-10.]
666. Lord Townshend to the Council of Trade and
Plantations. Draughts of Commission and Instructions are
to be prepared for John Montgomery Esq. appointed Governor
of New York and New Jersey etc. Set out, N.Y. Col. Docs. V.
p. 823. Signed, Townshend. Endorsed, Reed. Read 12th
Aug., 1727. 1 p. [C.O. 5, 1054. ff. 159, 160i;.]
667. Mr. Attorney and Mr. Solicitor General to the Council
of Trade and Plantations. Reply to queries upon the case
between H.M. and the Proprietors of the Northern Neck in
Virginia (v. 20th April, 1726 etc.) : We are of opinion that
(i) by the grant of felons in the letters patent of King James
II etc. all goods in possession belonging to any felon convicted
which are within the district described in the grant do pass,
AMERICA AND WEST INDIES. 331
1727.
but it hath been determined that those words do not extend
to any debts or rights of action, nor to any leases for years or
other chattels real belonging to such felon, nor to any goods
or chattells whatsoever of a felo de se ; (ii) That no other fines
pass thereby but such as are imposed by the King's Courts
held within the said territory ; the fines imposed at the Courts
leet of the grantees are expressly granted to them by the letters
patent of King Charles II, and the fines imposed by the King's
Courts held within the said territory cannot with propriety
be said to arise or accrew within the same ; (iii) that all goods
and chattels real and personal in possession being within the
said territory, and forfeited by reason of any judgment or
conviction for misdemeanour or felony and all interests in any
lands lying within the said territory forfeited to the Crown by
any attainder of felony do pass by the word forfeitures ; but
this word is so general and extensive, and the cases wch. may
arise upon it so various, that it is impossible to give an opinion
thereupon which may answer every event without having the
particular facts stated. As to Major Drysdale's question, (20th
April, 1726) we are of opinion that nothing contained in the
said letters patent restrains him from exercising the authority
of pardoning such offences, and if the pardon be granted before
any forfeiture incurred by judgment in cases of misdemeanour,
or by flight, conviction or judgment in cases of felony, the
pardon will prevent any forfeiture ; but if the pardon be
granted after the forfeiture actually incurred by any of the
means aforesaid, tho' the offence will be thereby discharged,
the right of the grantees to the thing forfeited will continue.
Signed, P. Yorke, C. Talbot. Endorsed, Reed. 15th Aug.,
Read 28th Sept., 1727. 2j pp. Enclosed,
667. i. Copy of case between the King and the Proprietors
of Northern Neck. (v. C. S. P. 1726, April 20. Encl.
iv.) Copy. 8 pp.
667. ii, iii. Charters of James II and Charles II to the
Proprietors of Northern Neck, Va. Copies. 35 pp.
667. iv. Extract of letter from Lt. Governor Drysdale, 20th
April, 1726. 2j pp. [C.O. 5, 1320. ff. 174-175,
176-179i;., 181-192, 193-198*;., 200-201, 202u.]
Aug. 13. 668. Capt. Rogers to Mr. Delafaye. Encloses copy of
petition delivered to H.M. this day, and begs to speak with
him etc. Signed, Woodes Rogers. Addressed. Seal, f p.
Enclosed,
668. i. Petition of Capt. Rogers to the King. Duplicate of
No. 686 i. [C.O. 23, 12. Nos. 89, 89 i.]
Aug. 15. 669. Lt. General Mathew to the Council of Trade and
st. Plantations. Refers to letter of 14th June. Continues : I
Christophers. h ave been forced, on information and proofs of the arbitrary,
332 COLONIAL PAPERS.
1727.
partial and unjust behaviour of John Greatheed, Chief Justice
of this Island, to remove him. Encloses the information. Mr.
Meure will attend with the proofs, to justify every point of it.
Continues : Mr. Greatheed had two or three friends in the
Council who dissented from this remove, and enterd their
dissent. Refers to Minutes of Council, and as answers to those
dissents, the observations of the Attorney General, Ashton
Warner, with the opinions of the most eminent at the barr
here, which will, he hopes, make the change " as agreable to
your Lordships, as 'tis to nineteen in twenty of the inhabitants,
who have for almost five years laboured under the tyrannys
and unjust persecutions of that Bench, little inferiour to an
Inquisition. There was a creature of Mr. Greatheed's on that
Bench, a Puisne Judge, whose caracter will sufficiently appear
from the papers Mr. Meure now receives from me ; affidavits
of his tyrannys and an answer to the dissent of two of the same
dissentients, drawn up by Mr. Gordon his successor, for his
own justification etc. By the absence of William Lyddle, now
settled at Montserat, there was a vacant seat on that Bench.
These dissenting Gentlemen, as they could not anywise affect
the caracter of my brother in law Colonel Burt, whom I namd
for that seat, however enterd their dissent too. From all three,
and from this especially, your Lordships will plainly see the
spirit that chiefly movd to those dissents, etc. One of these
worthy Members was pleased to own (as the others might very
safely and with truth too averr) that H.M. service or the good
of this island was little thought of, but private intrest, and a
strong tincture of perverse contradiction. Refers to Mr. Meure
for justification of placing Mr. Burt there. Continues : By
the universal consent of all Mr. Browne is known to, he is
vastly superior, in knowledge of the law, to his predecessor,
having for many years worthily been at the Barr, his fortune
a most plentifull one ; (the other most indigent), and his candour
and integrity never blemish'd. Mr. Gordon, evry impartial
man that knows him, will allow of a caracter vastly more
advantagious than Mr. Johnson, and Mr. Burt even the
dissentients object nothing to, as to his caracter. According
to his Instructions, is preparing an accompt in the form of a
present state of this Government, with some thoughts for
improving the same etc., and proposes to put it "in such a
method that the mutanda may from time to time with great
ease be made " etc. Signed, William Mat hew. Endorsed,
Reed. 12th, Read 19th Oct., 1727. 4 pp. Enclosed,
669. i. Anonymous information to Lt. General Mathew
against John Greatheed, Chief Justice. He is greatly
in debt, which leads him to be notoriously partial,
guilty of extortion, and is strongly suspected of bribery
and corruption. Quotes cases of wrongful judgment
in favour of Thomas Butler v. James Milliken, and
AMERICA AND WEST INDIES.
333
1727.
Aug. 15.
St.
Christophers.
Aug. 15
Barbados.
Thomas Butler v. John Brownrigg, and in cases of
Clement Crooke junr., Simon Allen v. Benjamin
Estridge, Edward Claxton v. Thomas Bisse, Bartholo-
mew Lynch v. Prince etc. He made an illegal charge
of 6s. for a certificate on each bond or note brought
into action etc. Endorsed as preceding. 2| large pp.
[C.O. 152, 16. ff. 38, 39, 40, 41-43u.]
670. Lt. General Mathew to the Duke of Newcastle. Refers
to letter of 24th June. Continues : There are many articles
which the Instructions direct my laying from time to time
before your Grace. These, my Lord, I am bringing into order
with all possible speed, and I am reducing them into the shape
of a short Present State of these Islands. I am desirous to
make it short, but compleat ; and am therefore retarded in it,
for want of some papers I have at Antego, which are obser-
vations of 12 years past, that will enable me to make compu-
tations commune of the encrease of trade, number of inhabitants,
negroes etc., and if this should meet your Grace's approbation,
the mutanda may be easily made from year to year, and at one
view your Grace will allways have a true state of this little
branch of H.M. Dominions. I have been forced from the
partial, arbitrary and unjust behaviour of John Greatheed
Esq. Chief Justice of this Island to remove him, and to supply
with Jeremiah Browne Esq., a Gentleman vastly superior to
the former in knowledge of the law, of a most plentyfull fortune
(the former was most indigent) and whose integrity and candour
is unspotted. Refers to enclosure. Continues : Mr. Meure,
who will have the honour of attending your Grace herewith,
will lay before you the proofs, when you shall please etc. Signed,
William Mathew. 2 pp. Enclosed,
670. i. Anonymous charges (9) against John Greathead,
Chief Justice of St. Kitts, laid before Lt. General
Mathew. v. preceding. 2| pp. [C.O. 152, 43. ff.
18, 19, 20-21.]
671 . Governor Worsley to the Duke of Newcastle. Having
heard by Capt. Arthur Ellis, master of a merchant ship called
the Reynold who arrived here the 6th instant from London,
that His late Majesty dyed the llth of June last at Osnaburgh,
and as he shewed me a printed copy of His present Majesty's
Proclamation as well as of H.M. Declaration, I would not loose
the first oppertunity of condoling with your Grace for the loss
of so great a King etc. Immediately on the arrival of this
news, I called the Council to communicate it to them, and as
we found by former precedents that on such occasions there
was always directions from the Privy Council for the proclaiming
the succeeding King, and indeed doubting whether it could
be lawfullv done without such directions, it was thought ^advise-
334 COLONIAL PAPERS.
1727.
able to defer it till they should arrive etc. The Assembly I had
adjourned to the 8th (v. 4th Aug.) accordingly met and chose
Majr. Spencer for their Speaker pro tempore, and then sent me
by two of their Members their Address on the occasion of my
Speech etc. (v. 4th Aug.), and afterwards they attended me in
Council with their Speaker for my approbation of him, who
I approved of, when in the name of the General Assembly he
made me a Representation as their answer to my message
(copy enclosed), by which your Grace will observe, that tho'
they complyed with my message, yet they think, what I insist
upon as H.M. Prerogative, to be more a matter of form and
ceremony, than any real substance, and at the same time they
have a saving and reserving their rights and priveledges and
those of the people ; and that tho' there are precedents that
the Assembly do attend the Governour at their first calling
and choice of a Speaker for his approbation of him, yet they
insinuate as if it was only, that by him they may desire to know
what the Governr. has to recommend to them for H.M. service ;
However as they complyed with the most substantial part of
my message, I recommended to them to pass the Excise bill
immediately, but I told them that if there was anything in it
that touch'd H.M. Prerogative or if there were any other
alterations unfit for me to give my assent to (for it was reported
they would tack a self-denying bill to it) I would not pass it ;
Whereupon I gave them a room in my house to sit in, and as
they and the Council past it as it usually had been, I gave my
assent to it that evening, and adjourned them to that day
four weeks. I fancy they have mistaken the sence of their
own rules, for your Grace will see by the several Minutes,
they have now chosen a Speaker pro tempore every time they
have met, during the indisposition of the Speaker they had
chosen at their first calling, who I had approved of, for I should
naturally think that pro tempore should mean during the time
of the other Speaker's illness ; such a practice may run them
into a great deal of confusion, and retard the business of the
House, they have indeed a rule of their House, which they
constantly observe, of choosing a Speaker every three months,
but as he has been always the same, the Governours approved
of at first, no Governor has ever animadverted upon it. They
tell me in their said Representation that they have been
unreservedly generous to me ; I very gratefully acknowledge
it, and I have taken a great deal of pains to administer justice
equally to them, and to heal their differences with one another,
and I thank God I have accomplished it, but neither their
generosity, nor any other consideration, shall make me give
up a point wherein H.M. prerogative is concern'd. As for
their Address I must say it is in terms they have hardly ever
addressed a Governour in before. Sometime since I had a
petition prefer'd to me against Mr. Oliver Kennedy the late
AMERICA AND WEST INDIES.
335
1727.
Aug. 15.
Barbados.
Aug. 15.
Boston.
Deputy Provost Marshal ; I ordered the Judges and H.M.
Attorney General to examine into it, and to take his answer,
which they accordingly did. Upon which the said Marshal
resigned his office, and I put his brother Mr. William Kennedy
into his room, he giving the security for the payment of his
rent to Messrs. Reynolds, as also for his honest behaviour in
his office, by which I hope I have done the Countrey justice
without injuring H.M. Patentee etc. Signed, Henry Worsley.
Endorsed, Rd. Oct. 17th. 6 pp. Enclosed,
671. i. Account of Stores of War, Barbados, 1727. Signed,
Wm. Leslie. 1 p. [C.O. 28, 44. Nos. 112, 112 i.]
672. Governor Worsley to the Council of Trade and
Plantations. Duplicate of preceding covering letter. Endorsed,
Reed. 2nd, Read 20th Oct., 1727. 6 pp. Enclosed,
672. i. Minutes of Assembly of Barbados, 8th Aug., 1727.
6 pp.
672. ii. Address of Assembly to Governor Worsley. 25th
July, 1727. Copy. 3 pp.
672. iii. Reply of Assembly to Governor Worsley's Message.
Copy. * 2J pp. [C.O. 28, 19. ff. 15-1 7v.] I8v., 2Qv.~
23v.,
673. Lt. Governor Dummer to the Council of Trade and
Plantations. I have formerly sent your Lordships an account
of the Treaty of Submission and Pacification made with the
Delegates of the Eastern Indians at Boston in Decembr. 1725,
and the ratificat. of the same by the Penobscot Indians at
Falmouth in Aug. 1726 with copys of all the papers and instru-
ments relating thereto. I have now the satisfaction to acquaint
your Lordships that in the latter end of the last month upon
a meeting at Falmo. with the Arrasaguntacock Norrigawocks
and Wooweenock tribes I received their ratification of the
aforesd. Treaty, and also further concluded with them and
the Penobscot Indians, a seperate article for joyning our forces
to repell any Indians that shall attempt to break this Peace,
which last Article I apprehend will very much enforce what
was done before. I now inclose your Ldships a printed copy
containing the whole of this affair and I shall only observe
to your Ldships that the Arresaguntacock and Wooweenock
Indians live on the River of St. Francois a branch of Canade
River about 250 miles distant from any English settlement
and that they never before that I can finde by any of the former
Treaty s submitted themselves to H.M. or to his Predecessors
in this or any other English Government. I am to meet the
Genl. Assembly of this Province on an adjournment tomorrow
and when the Sessions is finished I shall transmit to your
Ldships the Journals thereof. Signed, Wm. Dummer. En-
dorsed, Reed. 27th Sept. 1727, Read 24th May, 1728, Holo-
graph. 1| pp. Enclosed,
336 COLONIAL PAPERS.
1727.
673. i. The Conference with the Eastern Indians at the
Ratification of the Peace, held at Falmouth in Casco
Bay in July and August, 1726. Printed. Boston,
for Benj. Eliot. 23 pp. quarto.
673. ii. The Conference with the Eastern Indians at the
further Ratification of the Peace, held at Falmouth
in Casco Bay in July [llth 27th], 1727. Printed.
31 pp. quarto. Nos. i and ii. Endorsed, Reed. 27th
Sept., 1727. [C.O. 5, 870. ff. 71v., 72v.-WOv.]
Aug. 18. 674. Commodore St. Lo to the Council of Trade and
- Castle Plantations. Refers to letter of 6th May. By the next opor-
Bay 11 tunity will compleat his answers to the Heads of Enquiry
etc. Continues : In the meantime I can't omitt inclosing
the copies of the letters which have passed between Lt. Govr.
Gledhill and myself and also a copie of some grants wch. he has
presumed to give to fishermen, and as I conceive your Lordships
never impower'd him to act in the Fishery, I shall never allow
of such pretended authority, for by your Lordps'. commands
in the 50th Article of the heads of Enquiry, I am particularly
order'd to prevent, and agreeable to the same the Fishing
Admiralls of this harbour have this day complyed wth. my
order of the 14th instant under their own hands, and as the
Fishery in general expects I should transmitt it to your Lordps.
in order to be redressed I have here inclosed the same. It
would be too tedious to trouble yr. Lordps. (at this juncture)
wth. any further acct. of the grievances they labour under
(of wch. they have complained to me), but will take a more
proper opportunity to represent themselves, etc. Signed,
Jon. St. Lo. Endorsed, Reed. 6th Oct., 1727, Read 2nd April,
1728. 1 p. Enclosed,
674. i. Return by Fishing Admirals to Commodore St. Lo,
in response to his order of 14th inst. List of 27 houses
with beach belonging thereto at Placentia, with names
of occupants and amounts paid by them to Lt.
Governor Gledhill therfore, in all, 131 5s. Od., " to
the great discouragement and imposition of H.M.
subjects " etc. Signed, John Commyns, Adml.,
William Chappell, Vice-Admiral, Wm. Brooks, Rear
Ad. Placentia, 18th Aug. 1727. Addressed. 2f pp.
674. ii. Commodore St. Lo to Lt. Govr. Gledhill of the Fort
in Placentia. Ludlow Castle. Aug. 14, 1727. I am
informed by my Lieutenant that you have taken
upon you to summons the Commanders and inhabitants
of the Fishery in this harbour (if any such may be
found exclusive of your Garrison), and as this is an
encroachment not only into an Act of Parliament,
but on the power and authority of the Lord High
AdmiralPs Commission and that of the Lord Commrs.
AMERICA AND WEST INDIES. 337
1727.
for Trade etc., I hope, for the future, you will forbear,
for you must certainly know (that in my absence) the
Fishing Admiral has the sole power and authority
over all the inhabitants in this harbour as the said
Act directs. Signed, John Saint Lo.
674. iii. Lt. Govr. Gledhill to Commodore St. Lo. Aug.
14, 1727. Reply to preceding. Hopes by a prudent
reply to avert a paper war between old friends etc.
Continues : By H.M. sign manual I am Lt. Govr.,
not only of Placentia, but of all the forts that is or
shall be erected in Newfoundland. It is my duty to
summon every inhabitant to take the oaths to his
present Majesty, and no threats will deter me etc.
Your absolute authority, in regard of the Fishery,
I never yet questioned, no more than the limitted
power of a fishing Admirall whose utmost extent
exceeds not the bounds of the disposition of the
Fishery etc. Signed, S. Gledhill.
674. iv. Copy of Lt. Governor's order, requesting " all the
officers belonging to Fort Fredric and Commanders
of ships in this harbour, with the principal inhabitants
thereof, to meet at the Governor's house to take the
oaths required," etc.
674. v. Commodore St. Lo to Lt. Govr. Gledhill. Aug. 15.
I have nothing to do but represent facts with justice
and truth etc. This will never clash with you, etc.,
nor distant me from your good company, and the
regard I have to good beef and pudding with which
your table (at ye sutling house for half a crown
ahead) always abounds etc. Continues : None con-
cerned in the Fishery shall offer to lessen the respect
due to your just authority in your Government
limitted within the walls and picketts of your fort,
and if any dare to make the least encroachment (on
your first complaint) I shall use them according to
their demeritt, as the exercising all such power is
only vested in the Commanders of H.M. shipp of warr
and Admiralls in Newfoundland for the time being.
Signed, John Saint Lo.
674. vi. Lt. Govr. Gledhill to Commodore St. Lo. Placentia.
Aug. 16th. You(r) rub upon the plentiness of my
table, is no rub at all, for I have none, since the
decampment of my family, yet I've often told you
that my dary, poaltry, or cattle you command as
freely as your own. This petty dispute between the
power of a King's Governour and a nicname Lord,
let you and I adjourn to the Court of request a month
hence etc. As to my authority being limitted within
the walls of a fort etc., my Sovereign tells me (abstracted
C,P. xxxv 22
338 COLONIAL PAPERS.
1727.
from the Fishery) it extends to every part and corner
of this land etc. Sure I am, were I at St. Johns,
'tis my duty to convene all H.M. subjects at this
juncture to take the oaths, so sure as the refusers,
the Law declares Popish recusants. Because a
Governour is not to intermeddle with the Fishery,
will it be a plea why a fisherman shall not take the
oaths to the only person legally impowered to
administer 'em, which as I have done this 7 years,
so nothing but a deprivation shall prevent me ye
8 ? etc. I am sensible ye Commanders of H.M. ships
has the sole power vested in 'em touching the Fishery,
it must be a point strained too far, when I'm forbid
intermeddleing with the Fishery, I should not grant
a man a pass to carry his fish to market, tho' signed
by the Lords of the Admiralty, which according to
the late system I cannot do. Signed, S. Gledhill.
674. vii. Commodore St. Lo to Lt. Govr. Gledhill. Ludlow
Castle, Aug. 17. Laying aside compliments and
strained sentences, I do acquaint you, that as I have
the command from my Lords Commissioners of the
Admiralty over all the Commanders of the fishing
ships as well as over all the inhabitants on the Southern
coasts of Newfoundland, in this capacity I shall act,
and therefore have tendered the oaths to them as
the Law directs, wch. in conjunction with all my
officers, we have taken and subscribed, which I shall
send home by the first opportunity etc. Argues as
to the limitation of the Governor's power etc. Signed,
John Saint Lo. Copies. The whole, 5J pp.
674. viii. Copy of permit, 1st Oct., 1725, to Elisher Rowlands,
to occupy a stage, house and room for four boats at
Petty Placentia, at a quit rent to H.M. of 1 quintal
per annum, granted by Col. Gledhill, " Governor of
Placentia Fort Frederick and Commander in Chief
of Newfoundland." Countersigned, John Spencer,
with note by St. Lo that in Lt. Governor Gledhill's
letter of 14th he only stiles himself " Lt. Governor
of all the forts that is or shall be erected in Newfound-
land." etc. Copy. 1 p. [C.O. 194, 8. ff. 116, 117-
122,
Aug. 21. 675. Order of King in Council. Referring to a Committee
St. James's. o f the Council the representation of 14th Aug. and draft of
Instructions for Lord Baltimore. Signed, Ja. Vernon. En-
dorsed, Reed. 3rd, Read 4th May, 1727. 1 p. [C.O. 5, 1266.
ff. 251, 252u.]
AMERICA AND WEST INDIES.
339
1727.
Aug. 23.
Laurance
Pountney
Lane in
Cannon
Street.
Aug. 23.
Whitehall.
Aug. 23.
Whitehall.
Aug. 23.
Aug. 23.
Whitehall.
Aug. 23.
Whitehall.
Aug. 23.
Whitehall.
676. Mr. Chambers to Michael Shaw. In answer to his
advertisements in the dayly post about Spanish captures,
submits memorial of loss of 524 prime cost of calicoes etc.
shipped by him on board the Anne for Boston. Concludes :
She was esteemed to be very rich worth 20,000 sterlg. Signed,
Sheldon Chambers. Addressed. 1 p. [C.O. 388, 27. A 7 o. 80.]
677. Council of Trade and Plantations to Lord Townshend.
Enclose following to be laid before H.M. Annexed,
677. i. Same to the King. Submit following.
677. ii. H.M. Commission for the Earl of Orkney to be
Governor of Virginia etc. In the usual form. [C.O.
5, 1365. pp. 336-366.]
678. Council of Trade and Plantations to Lord Townshend.
Enclose following to be laid before H.M. Annexed,
678. i. Same to the King. Lay before H.M. draughts of
Commissions for Governor Montgomery, in the usual
form.
678. ii. Draught of Commission for John Montgomery to
be Captain- General and Governor in Chief of New
York etc. [C.O. 5, 1124. pp. 409-437 ; and (rough
drafts) 5, 1079. Nos. 145, 145 i, ii.]
679. Draft of H.M. Commission for Col. Montgomery to be
Captain-General and Governor in Chief of Nova Caesaria or
New Jersey, v. N.J. Archives, 1st Ser. V, 167 and N.Y. Col.
Doc. V, 824. [C.O. 5, 996. pp. 149-169.]
680. Council of Trade and Plantations to the King. Submit
for confirmation Act of Jamaica, 1723, for encouraging white
people to come over etc. [C.O. 138, 17. p. 235.]
681. Same to Same. It being necessary upon your
Majesty's happy accession to the Crown, that new seals be sent
to each of your Majesty's Plantations in America etc. Pray
H.M. to direct proper seals to be made and sent etc. [C.O. 324,
11. p. 50.]
682. Same to the Duke of Newcastle. Upon looking into
our books we find our predecessors have sometimes found
themselves under difficulties for want of being informed of such
Commissions, Orders or Instructions as may have passed in
the Secretaries Offices for persons and matters relating to the
Plantations. And therefore we desire your Grace would be
pleased to give directions that for the future proper notice may
be given to this Board of all such Commissions, Orders and
Instructions, which we apprehend will be for H.M. service.
[C.O. 324, 11. pp. 50, 51 ; and (autograph signatures. 1 p.)
5, 4. No. 32.]
340
COLONIAL PAPERS.
1727.
Aug. 24.
New York.
Aug. 24.
New York.
683. Governor Burnet to the Duke of Newcastle. Upon
receiving by a private hand the printed Proclamation of his
present Majesty, I did on the 21st proceed to proclaim H.M.
King George the Second with the usual solemnities at New
York, and am now going to Perth Amboy etc. I have now
finished the strong house at Oswego, but have lately received
a summons sent to the Commanding Officer there from the
Governour of Canada, to demolish and abandon it in 15 days.
He at the same time sent the Governour of trois Rivieres, the
third person in rank in Canada, to me with a letter etc. This
gentleman (M. de la Chassaigne) proposed that the decision
should be left to the two Crowns, to which I agreed, but in the
mean time he would have it abandoned, to which I could by
no means agree, since our right to it is undisputable etc. Refers
to enclosures which contain the whole argument. Hopes that
H.M. will protect the Province and the Five Nations against
the French attempts, so contrary to Treaty s and all rights.
" The unwillingness of the French, to name Commissaries,
and their constant encroachments upon us, are very notorious
and dangerous. In the mean time I have doubled the garrison,
and sent stores and provisions sufficient thither, and as I am
informed, the French cannot bring great cannon to batter it,
I am in hopes to maintain it against them, and that your Grace
will obtain H.M. approbation of what I have done etc. P.S.
Aug. 26th. Has received Instruction of 23rd March, and
yesterday proclaimed H.M. in Perth Amboy. Hopes His Grace
will recommend him to be continued in these Governments,
since no complaints lie against him, and he has done what lay
in his power to strengthen the British interest with the Indians.
Set out, N.Y. Col. Docs. V. pp. 824, 825. Signed, W. Burnet.
Endorsed, Rd. Dec. 19th. 4 pp. Enclosed,
683. i-v. Duplicate of Nos. 684, 684 i-v. [C.O. 5, 1092.
Nos. 56, 56 i-v.]
684. Governor Burnet to the Council of Trade and Plan-
tations. Abstract. Received on 20th confirmation of His late
Majesty's death etc. Amplifies preceding covering letter. " This
new house at Oswego, will make a stand that will embolden our
five Nations, and will not easily be taken without great cannon
the wall being four foot thick of large good stone " etc. Con-
tinues : I have had a report from some New England captives
lately redeemed from Canada, that the Governour was preparing
400 French and 800 Indians to attack this fort. But there is
reason to beleive that this is more given out to intimidate us,
than really intended, and when I charged the Governour of
trois Rivieres with it, he utterly denyed it etc. However, if
they should come, we are provided with a double garrison at
Oswego, provisions for six months, and powder and ball sufficient
for their defence, and I have sent proper persons among our
AMERICA AND WEST INDIES. 341
1727.
five Nations, with presents to them, to engage them to stand by
us, and not to suffer any Indians to molest us upon their land,
etc., so that I am in good hopes to be able to hold this place
etc. Asks for the Board's support etc. as preceding. P.S. 26th
Aug. Asks for the Board's recommendation etc. as preceding.
Set out, N.Y. Col. Docs. V. pp. 825-827. Signed, W. Burnet.
Endorsed, Reed., Read 20th Dec., 1727. 6 pp. Enclosed,
684. i. Governor Burnet to the Marquis de Beauharnois,
Governor of Canada. New York, 8th Aug., 1727.
Reply to following. Complains of his sudden and
peremptory summons to the English officer at Oswego.
Cites the Treaty of Utrecht as giving to the English
and French an equal right of trading through all the
Lakes and Continent and to all the Indians a right
to trade with the English. What gave him the first
thought of fortifying a post at Oswego was the fortified
and much larger house built by the French at Niagara,
upon the lands of the Five Nations, as M. de Longueil's
letter of 16th Aug., 1726, admits, for he claims it was
done with their consent. Replies to his version of the
treaty of Utrecht and asserts that he will maintain the
post at Oswego till he receives new orders from the
King. Set out, N.Y. Col. Docs. V. pp. 829-832.
Signed, W. Burnet. French. Copy. 10 pp.
684. ii. M. de Beauharnois to Governor Burnet, Montreal,
20th July (N.S.), 1727. Is astonished that he has
given permission to English merchants to carry on
a trade at the River of Oswego and has ordered fortifi-
cations to be built at the mouth of that river, and
placed a garrison there. Such a settlement at the
entrance of Lake Ontario is a manifest infraction of
the Treaty of Utrecht, it being expressly stipulated,
that the subjects of each Crown shall not molest nor
encroach upon one another, till the limits have been
fixed by Commissaries. He has summoned the Officer
commanding at Oswego to demolish the fortifications
and other works there and to evacuate that post etc.
Set out, N.Y. Col. Docs. V. pp. 827, 828. Signed,
Beauharnois. French. Copy. 4 pp.
684. iii. (a) M. de Beauharnois to the Officer Commanding
at Oswego (at the mouth of Cheriequen River) to
destroy that settlement and withdraw the garrison
within a fortnight. Montreal, 15th July (N.S.), 1727.
Signed, Beauharnois.
(b) Certificate by Chevalier Begon, Major of the
Town, Castle, and Government of Quebec, that he
presented the above summons to Mr. Banker, 15th
July etc. Set out, N.Y. Col. Docs. V. pp. 828, 829.
Signed, Begon. French. Copy. 2 pp.
342 COLONIAL PAPERS.
1727.
684. iv. English translation of No. i. 9 pp.
684. v. English translation of No. ii. 4 pp.
684. vi. English translation of No. iii. Ij pp. The whole
endorsed, Reed. Read 20th Dec., 1727. [C.O. 5,
1054. ff. 181-183*;., 184u.-189i;., 191-193t;., 195-
199, 201-203i;., 2040.]
Aug. 26 685. (a) Council and Assembly of S. Carolina to Capt.
Sept. 2nd. Massey, Aug. 26, 1727. In view of the extreme danger of the
Charles southern settlements from the Indians, who have lately
Town. murdered several of H.M. subjects, request him to move H.M.
Independent Company from Fort King George to Fort Royal
Island.
(b) President Middleton to Same. Aug. 31. To same effect
as preceding.
(c) Capt. Massey to Kingsmill Eyre at the Horse Guards.
Encloses following. Charles Town, Sept. 2, 1727. Signed,
Edwd. Massey.
(d) Capt. Massey to Henry Pelham, Secretary at War.
Charles Town, Aug. 31st, 1727. The enemy Indians haveing
already appeared among the Southern Settlements and comitted
several murthers and the inhabitants of Port Royal expecting
daily to be visited by the Spaniards in conjunction with those
barbarous people have by humble petition represented to the
President Council and Assembly now setting that unless H.M.
Independant Company be speedily removed thither for their
protection not only that florishing Island but all the settlements
in those parts must be abandoned to their utter ruin and
destruction, they being in hourly danger of their lives, and in
no condition of defending themselves. The inclosed (Nos.
a and b supra) will shew the sence of the Governmt. on this
melancholy occasion and I doubt not but the preservation of
the lives and estates of so many of H.M. subjects will sufficiently
justify the abandoning a Fort not tenable and which never did
nor can afford the least protection to the Province. Signed,
Edwd. Massey. Copies. 3 pp. [C.O. 5, 387. No. 77.]
Aug. 26. 686. Capt. Woodes Rogers to the Duke of Newcastle.
Encloses copy of following petition " I presented H.M. by
favor of Lord Townshend, who was present and promised his
good offices, which I also beg from your Grace " etc. Signed,
Woodes Rogers. Addressed. 1 p. Enclosed,
686. i. Petition of Capt. Rogers to the King. Describes his
services at the Bahamas, and his losses etc. ; He laid
his case before his late Majesty (v. following), who
referred it to a board of General Officers. Quotes their
report and asks for a suitable compensation. 1 p.
686. ii. (a) Petition of Same to Same. Lays following
statement before H.M., and begs to be employed
AMERICA AND WEST INDIES. 343
1727.
again and granted half-pay as Captain of Foot from
the time he was superseded etc.
(b) Case of Capt. Woodes Rogers. Describes con-
dition of the Bahama Islands when he was appointed
Governor (v. C. S. P. 1718 etc.). Continues : For
rendering the intended settlement on Providence more
beneficial to trade etc., he was obliged to join in co-
partnership with four gentlemen of distinction, and
two merchants, for settling a Collony and raising a
trade upon the place, in order to which a cargoe and
shipping were prepar'd, and there went thither at
the charge of the Co-partners, about 250 persons,
besides the Independant Company, who together
with the goods, made the whole expence to the
Co-partnership about 11,000, which was put under
the care of two Factors, agreed on to be independant
of Capt. Rogers as Governour. Being arrived, the
most obstinate pirates made some resistance, but they
burnt their ship of 22 guns, retireing in a sloop of
12, with about 100 men, into shoal water, where they
could not be follow'd. Soon after the Governr. landed
he found himself encompass'd, with about 600 others,
who tho' they had submitted to H.M. Act of Grace,
and readily sworn allegiance etc. taking certificates
of their submission, yet most of them retain'd their
piratical principles, and after the ships of war left him,
before he had any fortifications finished, he was
oblig'd to encourage vessells to goe out for a supply of
provisions, and to begin a trade for the support of the
Collony. But as new settlements are always difficult
to establish, especially here amongst men of the most
profligate lives, that were profess'd enemys to all
order and Government, the vessells that were sent out
turn'd pirates, and ran away with the goods brought
for trade, whilst others surrounded the Collony by
sea, and took all supplys coming to him, so that
what he carried thither, and did not expend in
supporting those who stood by him, to raise fortifi-
cations and secure the place, was near all of it either
taken or lost, in five months after his arrival at
Providence, at which time he had with much fatigue
rais'd a defensible fortification and mounted 50 guns.
Beginning to want all necessarys, he drew bills home
for his support, and being without an established
fund to carry on the settlement they lay protested,
and he had no power to raise money as in other
Collonys, neither were the inhabitants well able to
supply him with anything considerable etc. Describes
his repulse of the Spaniards, " tho' he had not one
844 COLONIAL PAPERS.
1727.
fourth of their number, nor half of those that could
be rely'd on, wch. he was so sensible of etc., that on
notice of the Spaniards' approach, he secur'd within
his fortifications all the rudders and sails of above
20 vessels then in the harbour, or they would have
deserted him, and carried off most of his people on
appearance of the enemy." Continues : He was in
danger of intestine commotions and weaken'd by
contagious distempers, soon after his landing, that
destroy'd above half the best of those people he
brought with him, and whom he might have depended
on, among the dead were the two Factors for the
Co-partnership, who left their affairs in great con-
fusion, and their being none to manage their concerns,
the Governour was oblig'd to receive the little goods
that were left, into his care, which he delivered after-
wards to one of the Co-partners, sent thither from
London, only impower'd to manage a trade for the
rest, without any new strength or support, for the
Governour or Collony worth notice. Whilst he
struggled thro' more hardships than can here be
expressed at an unexpected great expence and main-
tained the place at his own credit from the American
Plantations, and preserved it from the Spaniards and
pirates etc., yet he has alone been left accountable for
the expence of this remarkable service, as well as for
all the rest of the extraordinary charges he without
reserve entered into for the preservation of this Collony.
It must have been lost to the Spaniards had not the
cessation of arms come just in time etc. Yet the
Spaniards kept cruizing vessels still hovering about,
taking ours and insulting our settlement etc. Left
without support or advice from home and no answer
to his application for leave etc. the Governor, whose
health was much impaired, was obliged to return home
for his own and the place's security, in 1721, when he
found to his great surprise another Governour appointed
in his stead, at the instance of his co-partners, who
likewise had disposed of the whole joint-stock, in co-
partnership, and received for it 20,000, in such a way
as was practis'd the foregoing year, out of which project
they also acknowledged to have rais'd a much larger
sum, by subscriptions, at 3 p.c. for the first payment,
with which they favour'd many of their friends, and
then collected money from all sorts of people, that
dealt at that time in Exchange Alley, pretending to
join with them, in a new Co-partnership, for raising
and employing two millions and half of money, and
to merit greatly from the publick for their services,
AMERICA AND WEST INDIES. 345
1727.
in supporting the place, tho' in truth they had contri-
buted, after the first setting out, neither money nor
credit towards it, not even to the value of 100, but
left all the danger and expence on Capt. Rogers, and
have kept to themselves all that they could any ways
hold. Capt. Rogers not recovering in his health for
some time, and being very much perplexed with the
melancholy prospect of his affairs, having sunk more
than 3,000 of his own, from the beginning to the
end of this affair, and remaining above double that
sum in debt, by this employ dejected him to that
degree, that it render'd him incapable of seeking any
redress, and having no ways to extricate himself from
this dilemma, whence he could make no application
to the Ministry or Parliament, seperate from his
Co-partners, the whole being so much perplex'd, and
look'd on as a Bubble (tho' he was no ways concern'd
in the same) all was left to the decision of the Courts
of Justice, and he not in a condition to struggle at law
with them, as he must, before he could obtain relief,
had he commenc'd a suit, and they always refusing
to adjust the same with him, by an amicable referrence
to arbitrators, he was forc'd to lett all matters therein
goe as they would, till at last with the advice and
consent of his creditors, he receiv'd what his Co-
partners were pleas'd to allow him for his share, which
was but 1,500, and a bond for 500 more if they
gott a new Charter, which being very far short of his
due or what he stood engag'd for this service, he was
oblig'd to deliver it up, and all he had in the world
to his creditors, who being fully convinc'd of the
unexampled hardships, he endur'd, left him 400
out of his money, for what he expended to support
himself after he came home from his Government etc.,
and also clear'd him, as soon as they could goe through
the forms of a statute of bankrupt which he suffered,
there being no other method to free him from a prison
etc. His good behaviour in his Government is well
known to all that were there, and was then approved
both at home and abroad etc. Being now at liberty
again, tho' with the loss of all his time and fortune,
prays H.M. to employ him again and recompense him
for the loss of his half-pay as Capt. of the Independant
Company, which has not been paid to him since he
was superseded etc.
This petition was referred by H.M. to a Board of
General Officers, who recommended (July 15, 1726)
that he Capt. Rogers be placed on half-pay as Captain
846
COLONIAL PAPERS.
1727.
Aug. 28.
New York.
of Foot from the time of his being superseded which
was done. Report quoted. 8 signatures. The whole,
9 pp. [C.O. 23, 12. Nos. 90, 90 i, ii.]
687. Governor Burnet to Mr. Popple. This goes by the
ship Samuel etc. I have sent the duplicates to the Lords
separate, to avoid mistakes, as I intend to do for the future.
Encloses Naval Officer's accounts for Perth Amboy. Concludes :
I have proclaimed H.M. in both Provinces, upon certain news
of the late King's death, and upon seeing the printed Proclama-
tions which came from London. This I doubt not was sufficient
without waiting for orders. Signed, W. Burnet. Endorsed.,
Reed., Read 20th Dec., 1727. f p. On back,
687. i. Duplicate of 30th June. [C.O. 5, 972. ff. 141, 142,
Aug. 31.
688. Duke of Newcastle to the Council of Trade and
Whitehall. Plantations. Directs that
