America and West Indies: June 1718

Pages 264-287

Calendar of State Papers Colonial, America and West Indies: Volume 30, 1717-1718. Originally published by His Majesty's Stationery Office, London, 1930.

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June 1718

June 2.
552. Lt. Governor Keith to Mr. Popple. I should be extreamly glad to know if my letters last year, came to hand, for I have not yet received any direction from White Hall relateing to this Government, tho it be very much wanted in some cases. Some laws have been passed here for the support of Government, whereing duties that have been formerly laid, were either renew'd or continued for a longer time, and this rule has been observed, that our duties ariseing from any part of trade are more than one half less than the duties of the same kind which are now at this time exacted in the neighbouring Provinces of Virginia, Maryland and New York, whereby we humbly hope that our laws cannot run the risque of being disaproved, unless those of the same nature in the other Provinces be also repealed, for otherways a great inequality and much inconvenience would insue to the mutual commerce of these Colonies with one another if anything therefor of this nature be suggested with you, I beg that I may have a fair opportunity to give the Board a full and distinct information how that mater realy stands amongst us etc. Signed, W. Keith. Endorsed, Recd. 17th Nov., Read 4th Dec., 1718. 2 pp. [C.O. 5, 1265. No. 108; and 5, 1293. pp. 158, 159.]
June 3.
N. York.
553. Governor Hunter to Mr. Popple. Abstract. Hopes for a letter from him. Complains of the perpetual drudgery imposed upon him by his enemies in answering the repeated complaints of "that poor crack'd man, Mulford." Regrets "that unhappy difference at Court." Must wait for a ship of war before sailing on leave, pirates being busy on the coast. Fears H.M. pardon will have small effect upon such wretches. Whatever his fate, he remains in the strictest bonds of friendship etc. Set out, N.Y. Col. Docs. V. 504. Signed, Ro. Hunter. Endorsed, Recd. 19th, Read 22nd July, 1718. Holgraph. 2¾ pp. [C.O. 5, 1051. No. 70; and 5, 1124. pp. 29–31.]
June 3.
New York.
554. Same to the Council of Trade and Plantations. By a ship arriv'd here about ten or twelve days agoe I had a letter from Mr. Philips informing me that I had by that conveyance the honor of your Losps. commands as to several matters, but not receiving any such I conclude that your Losps. dispatches must be on board of Hopkins who sail'd with this ship but is not as yet arriv'd, but I was more surpriz'd by an Order from the Lords Commissioners of Appeales to cease all proceedings against Mr. Mulford or his security untill H.M. pleasure should be known in relation to the complaints he has prefer'd against me. For by your Losps. commands I transmitted to your Losps. my answers to ye sd. groundlesse complaints by several ways and have now againe to Mr. Philips as much as remains in my power (having sent many original papers by the former conveyances) in order to their being lay'd before your Losps. or any other board which Mr. Mulford or his friends shall think fitt to disturb with that matter. It seems my answer is still wanted before the Lords of Appeals; I never heard that the matter was carried thither, but if what I have formerly sent to your Losps. and what I have now againe sent to Mr. Philips be not a sufficient answer to what that craz'd man has represented I know not what can be esteemed so. Unlesse the testimony of every individual person in this Province (which I can procure a very few excepted) under their hands affirming every individual article in these papers of complaints which any way relate to me or my conduct to be false or falsely stated be expected from me. If by any strange accident none of my former letters relateing to that matter be come to your Losps. hands Mr. Philips will now lay before you what I have transmitted to him, but if you have recieved the former these are superfluous. The Assembly here is mett but seem to desire to be adjourn'd till the fall for reasons which I have hinted to Mr. Philips. I have however desir'd them to continue their sitting some time in hopes of having your Losps. commands by Hopkins in a few days. The duplicates of the Acts of Assembly minutes of Council and other publick papers not being as yet finisht, (the ship which carried them having departed from hence lately) I shall by the first conveyance after they are finisht transmitt them with the necessary observations to your Losps. With this your Losps. will receive the quarterly accounts of the export and import of this Province which is all the trouble I shall presume to give your Losps. at this time but to assure you that I am with the deepest sense of gratitude and all due honor etc. Signed, Ro. Hunter. Endorsed, Recd. 19th, Read 23rd July, 1718. Holograph. 3 pp. [C.O. 5, 1051. No. 71; and 5, 1124. pp. 31–33.]
June 12.
Plantatn. Office, Whitehall.
555. Bryan Wheelock to Mr. Carkesse. In the absence of Mr. Popple, encloses for the opinion of the Commissioners of Customs thereon an Act of Jamaica, 1714, for ascertaining the number of ports of entry, and obliging officers to keep deputies at such ports and to prevent all clandestine trade. [C.O. 138, 16. p. 114.]
June 18.
Charles Towne, South Carolina.
556. Governor Johnson to the Council of Trade and Plantations. The unspeakable calamity this poor Province suffers from pyrats obliges me to inform your Lordships of it in order that his Majestie may know it and be induced to afford us the assistance of a frigate or two to cruse hereabouts upon them for we are continually alarmed and our ships taken to the utter ruin of our trade; twice since my comming here in 9 moneths time they have lain off of our barr takeing and plundering all ships that either goe out or come in to this port, about 14 days ago 4 sail of them appeared in sight of the Town tooke our pilot boat and after wards 8 or 9 sail wth. severall of the best inhabitants of this place on board and then sent me word if I did not imediately send them a chest of medicins they would put every prisoner to death which for there sakes being complied with after plundering them of all they had were sent ashore almost naked. This company is comanded by one Teach alias Blackbeard has a ship of 40 od guns under him and 3 sloopes tenders besides and are in all above 400 men. I don't perceive H.M. gracious proclamacon of pardon works any good efect upon them, some few indead surrender and take a certificate of there so doing and then severall of them return to the sport again; notwithstanding there has for this 3 moneths last past been a man of warr Capt. Perce Comr. at Providence severall sloopes have fitted out a pyrating from thence dureing her being there and I am credibly inform'd there are above 20 sail now in these seas so yt. unless ships be sent to cruse upon them, all the trade of these American parts will be stopt, for hardly a ship goes to sea but falls into there hands. As to the warr wth. the Indians I have since my comming made peace wth. severall nations perticulerly the great nation of the Creeks who live to the southward near St. Augustin, but Treatys with them are very precarious, so long as the French from Movele and Spaniards from St. Augustin live and have built forts amongst them and doe continually by presents and furnishing them with arms and ammunission and buying the slaves and plunder incourage them to warr upon us, this is certainly fact and I can have no redress altho have severall times demanded it. Servants slaves robbers and debtors frequently escape from hence there and when demanded can have no return from the Governor but that he will send to the King his Master to know his pleasure therein and soe are always Kept and protected; a sloope arived here from Providence about six days agoe but I cant learn Capt. Rogers Governor of those Islands is yet arived there, 'tis to be hoped he has frigats with him and a good force of land men otherways he will runn some resque of being attact by pyrats for it being there nest and rendevous they will be unwilling to have the place setled, I am advised there are 6 or 700 now there, etc. Signed, Robt. Johnson. Endorsed, Recd., Read 28th Aug., 1718. 3 pp. [C.O. 5, 1265. No. 106; and 5, 1293. pp. 154–157.]
June 18.
557. Council of Trade and Plantations to Mr. Secretary Craggs. Enclose extract of Governor Hamilton's letter, (15th March) relating to the Spaniards and Crab Island, "conceiving the same to be of such moment, that no time should be lost in laying the state thereof before H.M., that H.M. may be pleased to signify his Royal pleasure thereupon to his Governor of the Leeward Islands, and give such further directions therein as so extraordinary a proceeding may deserve." Enclose extract from same letter relating to the want of ships of war to protect the Leeward Islands etc. Autograph signatures. 1¾ pp. Enclosed,
557. i. Extracts from Governor Hamilton's letter, 15th March. 2 pp. [C.O. 152, 39. Nos. 129, 129 i.; and (without enclosure) 153, 13. p. 309.]
June 18.
558. Council of Trade and Plantations to the King. In reply to order of 16th March. Repeat representation of Jan. 27 q.v. "H.M. Order was not delivered to us till the 10th inst. (near 3 months after the order of confirmation, Feb. 13th, was sent away), before which time we had no notice of any complaint against the said Act." Set out, N.J. Archives, 1st Ser. IV. 366. [C.O. 5, 995. pp. 440, 441.]
[June 19.] 559. William Mathew, Lt. Governor of St. Christopheres (v. 23rd March, 1716) to the Council of Trade and Plantations. Prays that Charles Payne, Benjamin Estridge and John Garnett may be appointed members of Council of St. Christopher in the room of John Panton and Ralph Willett, decd., and John Helden resigned. They are men of steady loyall principles to H.M., of best repute and estates in that Island etc. Endorsed, Recd., Read 19th June, 1718. 1 p. [C.O. 152, 12. No. 93; and 153, 13. p. 314.]
June 19.
560. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose extract of letter from Governor Hamilton relating to the inhabitants of Anguilla, (15th March), and repeat their suggestion for settling St. Kitts. (v. 16th Oct., 1717 etc.) [C.O. 153, 13. pp. 316, 317.]
June 20.
561. Mr. Popple to Governor Lowther. Encloses Acts of Barbados passed since H.M. accession, with the observations of the Council of Trade thereon. Some are marked "expired," some "to lie by probational," etc. The Board are surprized that they have received no letter since 20th July, 1717, and send a list of publick papers wanting for their information etc. P.S. They have now received letter etc. of 9th May, 1718. [C.O. 29, 13. pp. 459–466.]
June 20.
562. Mr. Popple to Mr. Carkesse. Encloses copy of Order of Council, 14th May, in reply to 20th March etc. [C.O. 5, 1293. p. 153.]
June 20.
563. Mr. Tickell to Mr. Popple. Mr. Secretary Craggs has signified the King's pleasure to Mr. Stanhope, H.M. Minister at Madrid, that he make a complaint at that Court of the Spaniards having seized Crabb Island in the West Indies, and drove out the inhabitants there etc. Signed, Tho. Tickell. Endorsed, Recd., Read 20th June, 1718. 1 p. [C.O. 152, 12. No. 95; and 153, 13. pp. 317, 318.]
June 20.
564. Mr. Popple to Mr. West. Encloses, for his opinion thereon, Act of Antigua, 1718, to enable Arthur Freeman and Dorothy his wife to sell and convey a certain plantation, to make provisions for Henry Simms and Eliz. Athy, children to the said Dorothy by her former husband, George Symms decd. [C.O. 153, 13. p. 318.]
June 20.
Annapolis Royal.
565. Lt. Governor Doucett to the Council of Trade and Plantations. Refers to enclosures. Continues:—Upon my answer (No. iii.) they [the French inhabitants of Minis] sent a person to Cape Breton, to see what the French King will doe with them, they haveing in the late Queen's time signed an agrement wth. one Capt. La Ronde Denys to remain subjects to His Most Christian Majesty, the same gentleman haveing been sent on purpose from Cape Breton, who promis'd them great advantage's in that Island, but upon some of them goeing thither they found nothing answer to the promises made them upon which most of them came back again and have lived here ever since without acknowledging H.M. King George, and keep their lands upon the same engagements and acknowledgements to the French as when the country was in their possession. The inhabitants have allso sent a person from hence to Cape Breton on the same errand as those of Minis, by whom I sent the paper (No. iv.) to the Govr., and haveing had an opertunity of an Indians goeing to Canada, I sent a letter to the Marquiss de Vaudriel (No. v.), but as yett have had no answer to either. Some of the Indians of this country seem to be sett on by the presists, or people as bad, to pretend that the country belongs only to them, and that neither the English or French have any thing to doe here, and have insulted and used the like argument's to some of our traders on the coast, but yett are very civill when they are in reach of our country, and who are as civilly treated by us, some of them own that the French inhabitants would willingly have them differ with us, but I hope your Lordships will find a method of sending them some presents, which would easyly prevent the influence those wicked incendiarys have over them. I am inform'd att this time, that the Indians are gone to Cape Breton, for presents sent there by the French King. The truth of which a little time will shew etc. Signed, John Doucett. Endorsed, Recd. 19th Dec., 1718, Read 10th Feb., 1718/19. 2½ pp. Enclosed,
565. i. Lt. Governor Doucett to the French Inhabitants of Minis. Acknowledges letter v. No. 371 iv. If you doe not comply with the oath required, you will oblidge me to forbid H.M. subjects to trade with you, and if any from Canada, Cape Breton, or any part belonging to the French King shall presume to trade in the territorys belonging to the King of Great Britain, contrary to the Articles of Peace, I shall not only represent it to the King (my Master) but seise all such vessells as lawfull prises etc. You ought to consider in whose Dominions you live, and not longer pretend to capitulate etc., you having it in your own choice to become subjects to the King of Great Brittain and remaine or retire etc. Signed, John Doucett. Same endorsement. Copy. 1 p.
565. ii. Père Felix to Lt. Governor Doucett, Mines, 29th March (N.S.) 1718. Acknowledges letter etc. v. Feb. 10. The people are sufficiently instructed in their duty, without my help etc. I am only here to keep them with God etc. I am resolved not to give them any advice one way or the other etc. Signed, F. Felix. Same endorsement. Copy. French. 1 p.
565. iii. Lt. Governor Doucett to Pere Felix. Annapolis Royal, 26th March, 1718. I think you acct very prudently in leaveing the people to themselves in temporal affairs, by which they can lay noe blame on you, if they suffer for accting contrary to reason etc. I shall henceforward esteem you to be a person of integrity etc. No Signature. Same endorsement. Copy. ¾ p.
565. iv. Lt. Governor Doucett to M. St. Ovide Brouillan, Governor of Cape Breton. Annapolis Royal, May 15, 1718. I wish you joy of your new Commission etc., with which I don't doubt, but you have had advice of the firm alliance between the King of Great Britain and his most Christian Majesty etc. Complains that (i.) "several of your vessels last year took severall thousand quintalls of fish on our coast, and dry'd them on the same, contrary to an Article in the late Peace" etc. Desires him to order French subjects to desist for the future. (ii.) Severall people from Cape Breton have settled and built themselves houses and stages for the fishing in severall parts of H.M. dominions of Nova Scotia, especially one Latonde, at Cape Cancer, and who has done great damage by incensing the savages against H.M. subjects. The rest of the French inhabitants who live on the coast dayly doe the same etc. Desires him to order Latonde and all who have not H.M. permission to reside on the coast of Nova Scotia, to retire. (iii.) The agreement between the French inhabitants, and Capt. La Ronde Denys, not haveing been comply'd with, has been a great detriment to these Dominions, etc. "I therefore expect, since it has not been perform'd in the time allow'd by her late Majesty for their retireing out of this country, it may be anull'd, if the inhabitants desire, but if any of them shall not so desire, that then you will provide for their retireing into his Most Christian Majesty's Dominions, as speedily as may be. To all which I with impatience wait the honour of your answer" etc. Signed, John Doucett. Same endorsement. Copy. 2 pp.
565. v. Same to the Marquiss de Vaudriell, Governor of Canada and Quebeck. Annapolis Royal, April 15, 1718. I have the honour to succed the late Lt. Governor of this place. I shall doe my best endeavour to fulfil the agreement between Great Brittain and France etc., and doubt not yor. Excellency's readyness to comply with the same; for which reason I much desire your Excellency to send me a line or two hither to shew the inhabitants, that those who have a mind to become subjects to the King of Great Brittain has free liberty, according to the articles of peace, and order those who shall not to retire to Canada etc. I allso desire your Excellency will comunicate to them and the savages, the firm alliance between the two Crowns etc. Allso if the Bishop of Canada would give orders to all the Missionarys not to acct anything contrary to King George's intrest in these his Dominions, which if they doe, I must be oblidged to use such methods, as would not be pleaseing to me or to them etc. Signed and endorsed as preceding. Copy. 1¼ pp. [C.O. 217, 2. Nos. 54, 54 i.–v.; and (without enclosures) 218, 1. pp. 378–381.]
June 21.
566. Governor Sir. N. Lawes to the Council of Trade and Plantations. Encloses copy of May 3rd, since which I have not been favour'd with any of your commands. With the unanimous advice of the Council, I have issued writts for the calling of an Assembly, which is to meet on the first of August next, and I have no reason to doubt, but they will meet with a disposition to do their country service, and support the honor and dignity of the Government. Herewith yor. Lordsps. will receive two accounts current of H.M. revenue, etc. (v. encl. i.). As to H.M. Instruction to transmit the number of inhabitants etc., I have not yet received musters of all the Militia regiments nor returns from the Parish books from whence this account must be collected. But I have given directions to the proper officers to prepare such lists, which shall be transmitted etc. I have likewise given particular directions to the Commissary to send me an account of the births christnings and burials. But I am afraid he will not be able exactly to comply with the same, by reason that some parishes want Ministers, and in those there are not any registers made of these particulars, in others lame and imperfect accounts are kept so that there is no dependance to be had upon them. I thought to have sent yor. Lordps. by this conveyance the Naval Officers accounts of entrys and clearances etc. and the number of negros imported etc. But he informs me, that the last quarter's accot. is not due till the 24th instant. I have not yet had an opertunity of viewing the fortifications etc. I am daily in expectation of the arrival of an Engineer, and then I will take a survey, and order plans to be made of them, which when done shall be carefully transmitted. It is with great concern that I must still acquaint yor. Lordsps. of the dayly complaints I receive of pyracys and robberys committed in these parts, insomuch that there is hardly one ship or vessell, coming in or going out of this Island that is not plunder'd. And this in great measure I impute to the neglect of the Commanders of H.M. ships of warr, who are said to be appointed for the suppressing of pyrates and for a security to this Island, and protection of the trade thereof, but in reality by their conduct, have not the least regard to the service they are designed for. There are innumerable instances of it. The Ludlow Castle which brought me hither was order'd by Capt. Jacob to sail to the Spanish coast in six days after I landed; and she actually sail'd full of merchandize, without giving me the least notice thereof, so that I had not an opertunity of notifying my arrival to any of the Spanish Governors. And I am still altogether a stranger when that ship is to return. The Winchelsea has not been here since my arrival. I am given to understand she is likewise a trading on the Spanish coast. And the Diamond sail'd about ten days agoe full of goods (as I am inform'd) for the coast of New Spain. So that ye Adventure and Swift sloop going home with this fleet, the Island and it's trade will be left without any of H.M. ships for their protection. Your Lordships. undoubtedly are sensible that the men of warr carrying goods and merchandize must be a very great discouragement to the fair trader, and to the seafaring men belonging to this Island, who ought to be encourag'd they being a considerable strength and security to us, and more especially to ye town of Port Royall which hath now almost lost its trade. And I can attribute that to nothing more than the men of warr's transporting goods and merchandize which otherwise would be done by vessells belonging to the Island, and consequently be a livelihood to numbers of seafaring men, who now have not bread for want of employment, which is the chief occasion of so many of them going a pyrating. I hope yor. Lordshps. as you have always espous'd and endeavour'd the good and prosperity of this Colony, will now be pleas'd to lay this matter before H.M. for redress for should the men of warr continue under the same regulations they now are they will be of little service to this country. Signed, Nicholas Lawes. Endorsed, Recd. Aug. 29th, Read Sept. 3rd, 1718. 4¾ pp. Enclosed,
566. i. Account of H.M. Revenue in Jamaica 25th March 1716–29th Sept., 1717. Endorsed as preceding. 5¼ pp.
566. ii. Account of H.M. Revenue in Jamaica, 29th Sept., 1717–25th March, 1718. Signed, James Knight, Receiver Genll., Deane Poyntz, Dep. Auditor, Nicholas Lawes. 6½ pp. [C.O. 137, 13. Nos. 13, 13 i., ii.; and (without enclosures) 138, 16. pp. 121–126.]
June 23.
Tofts in Essex.
567. Mr. Barrington to Mr. Popple. Asks that his nephew, Mr. Yeamans, may be appointed to the Council of Antego. He has a considerable Plantation there, and is ready to embark; a young gentleman of very good parts and learning and of great affection and zeal to H.M. etc. Signed, J. Barrington. Endorsed, Recd. 25th, Read 26th June, 1718. 3 pp. [C.O. 152, 12. No. 98.]
June 24.
568. Lt. Governor Spotswood to the Council of Trade and Plantations. The General Assembly which I have now on foot here, being at their own desire under a pretty long adjournment, I take this opportunity to lay before your Lordps. a brief account of some of their extraordinary proceeding, because the Journals cannot be compleated till the determination of the Session etc. It is necessary, for the better understanding the temper of the present House of Burgesses, to give your Lordps. a view of the Arts by which they were chosen. No sooner was the resolution taken to call an Assembly upon what H.M. was pleased to recommend in relation to the regulating the Indian Trade, the making provision for the defence of the frontiers, and the reimburseing the expence of the late Indian Company, than the discontented party very assiduously applyed themselves to instill into the people a belieff that great sums would be required of them for this purpose, and that they would be entirely ruined, if they chose for their Burgesses any one who had an affection to the Governor: A specimen of the reasoning and good manners of the Party yor. Lordps. may find in the inclosed paper (No. i.), penn'd (as is credibly reported) by a Member of the Council, and dispersed with great industry through most countys in the Colony to poyson the minds of the populace. To increase the disaffection towards the friends of the Government, great care was also taken to possess the people with a partial account of the dispute about the Courts of Oyer and Terminer etc. A paper was drawn up in the nature of a grievance agt. those Courts, and sent all over the country to be signd by the people: and in order to make this go down the better some other popular propositions were coupled with it, such as the ascertaining officers fees by law etc. being what everyone desired to see regulated. But this train would not take, the people generally refusing to concern themselves therin; and chusing rather to drop the article of the officers fees, than sign to that which they knew to be only calculated to enlarge the power of a party in the Council. So that this grievance of the Oyer and Terminer Judges came only recommended from two countys, and signd in one of them but by 18 and in the other by no more than 11 and all of them very obscure fellows. However having by great industry, in propagating calumnys, and the practices usual in elections got many of their relations, and others of weak understanding, and credulous tempers chosen for Burgesses, upon the meeting of the Assembly there appeared a majority of that party: And that yor. Lordps. may see what the state of the country then was, and what was expected of the Assembly on that occasion, I have here inclosed my Speech (No. ii.) at the opening of the session: The flourshing condition of the trade and manufactures, the peace and tranquillity of the Colony, and the riches of the publick Treasury therein described, are all acknowledged (tho indeed in an awkward manner) by the Burgesses in their Address (No. iii.), because neither could be denyed. And I hope yor. Lordps. by perusing these two papers will judge that I have in some measure answered the end of my mission here, when from a state of the greatest poverty, and general decay of all H.M. revenues, and a want of means to defend it self, this country has under my administration arrived at that flourishing estate it now enjoys in all the branches of its trade, and a bank of 14 or £15000 in its Treasury after all the publick debts are paid. The first remarkable step the Assembly proceeded in, was to address the King to revoke the late Instruction prohibiting the passing of laws which affect the trade and shipping of Great Britain; To which they added another clause complaining of the power given the Governor to nominate the Judges of the Oyer and Terminer Courts, and praying that the Council may be the sole Judges of life and death (No. iv.). To sollicite this Address, they thought fitt to have a particular Agent: and to this purpose prepared a bill, whereby the Burgesses were of themselves impowered to name (barely by a resolve of their House) any person to be their Agent, by the like resolve to change him and put in another, and by the same power of a resolve to pay such Agents what sums they thought fitt without any concurrence of the Governor and Council. This power, tho strenuously contended for, by such of the Council as set the Burgesses to work, was nevertheless so ill relished by the soberer men of the same party, and so exclaimed against, by the other Gentlemen of the Council who are not in that interest, that it was at last rejected in the Council. And soon after a vote passed in the Burgesses House appointing Mr. Byrd their Agent, and assuring him of a suitable gratification for his trouble, and a select Committee appointed to prepare Instructions for him, (No. v.). By which yor. Lordps. will perceive what mighty occasion they have for throwing away the countrys money upon such an Agent when they have so little business for him to negotiate; and when they were told that the transmitting Addresses to the Sovereign in any other manner than through the hands of the Governor had been disapproved by the late Queen upon a Representation from yor. Lordps.' Board in a case wherein this very Gentleman was imployed as Agent in 1702. But the truth is the main aim of constituting an Agent was disappointed by the miscarriage of their Bill, which would have enabled that party (if they were so weak as to imagine I would pass it) to dispose of every farthing of the publick money at their pleasure to their own friends, for by the same power of making and gratifying Agents by the resolve of their House, they might from time to time have nominated one another and given what sums they thought fitt for no service at all. That this is no unreasonable conjecture will appear from another step taken after their Agents bill miscarryed: A bill was prepared by the Burgesses, sent up to the Council and pass'd there, whereby £4000 of the publick money was directed to be put into the hands of Mr. Archibald Blair under pretence of entrusting him to put it out at interest for 4 pr.cent. pr. annum, of which he was to be allowed one half for his trouble: but with this express condition that if he did not lend it he should pay no interest at all. This Gentleman now a Member of the House of Burgesses, is brother to Mr. Commissary Blair one of the Council, and they two are in partnership with Collonel Ludwell in one of the most considerable trading stores in this country: and as this money being once placed in his hands by an Act of Assembly could not have been called out but by the same authority, and as there is in the Council a great majority of the relations of those Gentlemen; should they have refused their concurrence to the recalling that money it must have remained in their hands without any interest to the country as long as they pleased; And for this reason I have resolved to reject that bill. Having thus far given yor. Lordps. a summary of proceedings in relation to party shal next show what attempts have been made this session on the prerogative and interest of the Crown. I have already observed that the ascertaining and regulating the fees of divers publick officers was generally desired by the country, in regard the former laws being expired gave too great a liberty for exaction: This being therefore a very popular Act, it was believed a Governor would not so far disoblige the country as to reject it: and upon this view, the Party who always have their eyes very quick to watch all advantages for lessening the power of the Crown tack'd to this bill a clause for altering the power which the King has thought fitt to grant the Secretary of placing and displacing the County Court Clerks: These Clerks (according to their scheme) were to hold their places during the pleasure of the Justices of their respective Countys, who might suspend them, and put others in their room, saving only that the suspended Clerk had an appeal to the General Court, but tho he might be restored by that Court, he was to have none of the profites during the suspension. This bill thus framed being sent up to the Council, it was surprizing to find so many advocates for it among men sworne to defend the rights of the Crown, and this extraordinary argument used for passing it, That County Court Clerks being often chosen Burgesses, it gave the Governor too great an interest, in that House over persons who thus held their places during the pleasure of an officer of the King's immediate appointment, and that therefore it was necessary to transfer the dependance of these Clerks upon other masters. An argument worthy of the King's Council; to deprive H.M. of the service of all those who had any obligation to promote his interest; and is the same in effect as was aim'd at, last Assembly for excluding all officers out of the House of Burgesses. But tho by this clause in the abovementioned bill they would thus have abridged the power of the Crown, they hoped thereby to draw a greater dependance on themselves as Judges of the General Court since everyone who had the misfortune to be suspended by a prevailing party in his Country Court, must ow his restoration or ruin to the present sett of Councelors, and consequently must depend more on their favour for keeping his office than on the Governor and Secretary who first gave it him. But I having very plainly declared that unless that clause was struck out, I would not pass the bill, and that they must be answerable for hindring the redress of the countrys only grievance, they thought fitt at last to leave it out, and so the bill is past, to the great satisfaction of the whole country: who tho they were earnest for ascertaining the officers fees, never made the least mention in any of their grievances of altering the power of appointing the clerks. Some time last Fall the Post Master General of America having thought fitt to endeavour the settling posts through Virginia and Maryland (in the same manner as they are settled in the other Plantations to the northward) in pursuance of the Act of Parliament of the 9th of Queen Anne, gave out commissions for that purpose, and posts were accordingly established once a fourtnight from Williamsburgh to Philadelphia and for the conveyance of letters brought by sea through the several countys. In order thereto the Post Master set up printed placarts (such as were sent in by the Post Mrs. General of Great Britain) at ye several ports requiring the delivery of all letters not excepted by the Act of Parliament to his Deputys there. No sooner was this noised abroad, but great clamour was raised against it. The people were made believe that the Parliament could not lay any tax (for so they call the rates of postage) on them without the consent of the General Assembly. That besides all their letters were exempted, because scarce any came in here but what some way or other concerned Trade. That tho the masters of the ships should for the reward of a penny a letter deliver them, yet the Postmr. could demand no postage for the conveyance of them, and abundance more to the same purpose as ridiculous as arrogant. This gave a handle for framing some grievances to the Assembly against this new office: and thereupon a bill is prepared and passd both Council and Burgesses, which tho it acknowledges the Act of Parliament to be in force here, doth effectually prevent its being ever put in execution. The first clause imposes an obligation on the Post Master to which he is no ways bound by the Act of Parliament. The 2d clause lays a penalty of no less than five pounds for every letter he demands or takes from on board any ship, wch. shal be deemed to be excepted by the Act of Parliament, and the last clause appoints the stages and limits the time of conveyance of all letters under an extravagant penalty. As it is impossible for the Post Master to know whether the letters he receives be excepted or not, and that according to the interpretation our Judges give of the Act of Parliament all letters senty from any merchant whether it concern the merchandize on board or not are within the exception of the law, the Post Master must meddle with no letters at all or run the hazard of being ruined. And the last clause of the bill besides its contradiction to the Act of Parliament in appointing the stages wch. is expressly reserved to the Post Mr. General according to instructions to be given him by the Sovereign, is so great an impossibility to be complyed with, that considering the difficulty of passing the many great rivers, the Post Mr. will be under a penalty at 20s. for every letter he receives during the whole winter season because he cannot convey them in the time limited by this bill. From whence yor. Lordps. may judge how well affected the major part of the men are towards the collection of this branch of H.M. Revenue and will therefore be pleased to acquitt me of any censure if I refuse my assent to such a bill. To demonstrate further the inclination of these Gentlemen towards the King's Prerogative. A bill being brought in for altering the day for holding Courts in the County of Northampton, was thrown out upon the third reading, purely because there was in it a saving to the right of the King to alter the said Court days upon the application of the Justices to the Governor; Tho the same salvo has been inserted in other bills of the like nature passd since my administration. And it is very remarkable that the Burgesses read this bill twice and had it engross'd, without objecting agt. this salvo, till by the Members who spoke against it at last, it came to be discovered they had acted contrary to the sentiments of their directions in the Council. H.M. recommendation of the Indian Company's expences on the publick service of this Government, has mett with the regard which might be expected from men of such principles as compose the leading party in both Houses of Assembly. The building the Indian School, the maintaining the guard at Christanna, and all the charge of repairing that fort, tho expressly enjoined by the Act of Assembly to be performed by the late Company, are now voted of no service to the country, and the charge thereof raw to performe a service for the publick in expectation of a benefite, and that benefite taken away, without any compensation for what was laid out to purchase it. And to render the whole proceedings of a peice, the Indian hostages taken for securing the Peace of the Colony are ordered to be sent back; the Indian Trade voted to want no regulation: The Fort built for the defence of the frontiers resolved to be slighted: The Tributary Indians who in complyance with their Treaty, removed from a place of safety, to that Fort, purely to strengthen the barrier of the inhabitants, are voted to be entitled to no other protection than the other Tributarys (who refused to performe their engagements). And that for this extraordinary reason expressed in their votes, because these Indians were the only Nation of the Tributarys who did comply with their Treatys. Thus, my Lords, by the prevalency of a party, and their assiduity in debauching the minds of weak and inconsiderate men, all the measures which have been projected for the defence of the country are now overturned; tho entered upon with the almost unanimous concurrence of the Council and the approbation of former Assemblys; the Christianizing of the Indians, which was in so fair a way of being compass'd, defeated: the Kings authority encroachd on, his interest thwarted and opposed, his recommendation slighted; and common justice denyed to those who have laid out their estates for the publick service of the Government and on the publick faith. And after all this undutifull behaviour towards their Sovereign and neglect of the real interest of their country, it will be no surprize to find a paralel usage of H.M. Governor. When your Lordps. shal peruse my Speech and Messages, I'm perswaded you will not find therein anything which might give just occasion for their treating me with rudeness: but it having been of use to the same party to give unreasonable provocation to former Governors, and then to complain if any resentment was showd thereof, the like means have been tryed with me, but without the effect they expected from it. I will not enter into the detail of the indecent behaviour of the House of Burgesses, such as their rude speeches on sundry occasions, insomuch as several of their own members have thought themselves obliged to call out for good manners; their sending their Addresses and Messages, by such Members as were most notorious for opposing the King's service, and for treating me with abusive speeches in their House; and their addressing me to lay before them an accot, of my journeys for the publick service of the Government, and then making a doubt whether any of them were of service, tho plainly set forth to them, to have been all undertaken by the advice and at the desire of the Council, and many of them in pursuance of the acts and resolutions of former Assemblys. As I knew all these steps were contrived to provoke me to a return of the like treatment, I have disappointed them, by showing an unconcern at all the little affronts they have offerred: But I cannot think myself excusable should I forbear to let yor. Lordps. know from what fountain those streams of disaffection proceed. The eight Councelors who troubled yor. Lordps. with a remonstrance against the Courts of Oyer and Terminer are the very persons who infuse into the people jealousys of H.M. Prerogative, and of designs against their libertys, who influence the Burgesses to encroach on H.M. rights, to oppose his service, and to slight whatever comes recommended from the Crown: to distress the Government by opposing all measures for the publick safety; and to traduce the Governor as a publick enemy to the country, and by these artifices keep up misunderstandings which otherwise would soon be removed and dissipated. I appeal to yor. Lordps. whether any of the measures I have put in execution here for the King's service, the advancement of his revenue or the safety of the Government has ever been faulted by yor. Lordps., as unrighteous to the people of the country; On the contrary yor. Lordps. Board have done me the honr. to signify your approbation of most of them; Yet these are the grounds of these Gentlemen's uneasiness. A Governor cannot contrive a surer way of gaining their disfavour than by strictly pursuing his duty and faithfully discharging his trust. Yor. Lordps. determination of the dispute about the Courts of Oyer and Terminer remains deeply rooted in their minds, and they have publickly declared at the Council Board that tho they could not help acquiescing, they were not convinced of the legality of that decision. Their behaviour towards me, ever since, has been far from owning themselves in the wrong in that controversy: When the minds of some of the Council, heedlessly drawn into that dispute, began to waver, on seing their pretensions condemned, and were thereupon willing to return to a good correspondence with me, Mr. Blair and Mr. Ludwell the chief engines of faction, found it necessary to keep up their spirits by a new invention, craftily insinuating from a paragraph of your Lordps. letter of the 30th of August, relating to the Councels giving different opinions as Councelors and as the Upper House of Assembly, that I had endeavoured to perswade yor. Lordps. to take away the Councelors votes in the passing of laws. An accusation which I'm sure yor. Lordps. will absolve me from. This, however false, has kept the whole eight closely united, in so much as my condescension to everything they could reasonably desire in order to a perfect reconciliation of all differences; an invitation to my house after they had slighted that reconciliation; and an entertainmt. there with all the freedom and civility I could give; has not prevailed with any one of the eight to make me the common complement of a visit: Nay when in order to the solemnizing H.M. Birthday, I gave a publick entertainment, to which all Gentlemen that would come were freely admitted; These eight Councelors would neither come to my house nor go to the play which was acted on that occasion: but getting together all the turbulent and disaffected Burgesses, had an entertainment of their own in the Burgesses House, and invited all the mobb of the town to a bonefire where they were plentifully supplyed with liquor to drink the same healths without, as their masters drank within; which were chiefly those of the Council and their associated Burgesses, without taking any more notice of their Governor than if there had been none upon the place. And as the whole proceedings of this Assembly have been dictated by the Council, and most of their extraordinary resolves and messages drawn up by some of that Board, I hope your Lordps. will not be offended, if I begg you will be pleased to use your interest with H.M., to assign a Council to assist his Governor in carrying on the publick service, since the greater part of those he has, are become the advisers of the people to oppose H.M. interest. If men who use their offices against their duty were once divested of the power they enjoy by H.M. favour, and which they imploy to do evil; Virginia would soon be a quiet and peaceable country and your Lordps. would receive no more complaints. This may be exemplifyed by the late removal of some turbulent Councelors in New York and New Jersey, which has rendered that Government easy and obedient ever since: But in vain will H.M. change his Governors to silence factious clamours in his Plantations while those who first raise them, retain the same power to revive them again, whenever they find it necessary for gratifying their passions or interests. In this country the clamours and complaints of this very family, who now compose the majority of the Council, have succeeded so well as to remove two Governors already, while they themselves have kept their places; So that their offices begin to be accounted for life, from which no misdemeanor is capable of removing them. This gives them great authority among the people, whose lives and estates depend upon their judgements, and makes other Gentlemen either cool in assisting the Government when they see men continued in the post of Councelors to H.M., who deserve it so little, or to judge that if preferment be the reward of opposing Government they ought to pursue the same steps to arrive at the same honour, etc., etc. I shal conclude with declaring my dissent to that part of the Burgesses Address wch. petitions for a revocation of H.M. Instruction, restraining the passing of laws; for according to the disposition of the people in these Plantations, the continuance of that Instruction, seems to me very necessary to guard a Governor against the importunate sollicitations of Plantation Assemblys in many matters not fitt to be granted them. For my own part I could wish the passing of laws were more restrained, for I'm perswaded the present Council here, would gladly lay hold of any opportunity to promote popular bills, and then to traduce me among the people, if I refused my assent without express authority for my so doing. P.S. I send the old seal of this Colony, defaced according to yr. Lordps. commands. Signed, A. Spotswood. Endorsed, Recd. 4th, Read 7th Aug., 1718. 14½ pp. Enclosed,
568. i. Advice to the freeholders of the several countys in Virginia in their choice of Representatives to serve in the approaching Assembly. Having seen a rascaly paper entd. advice to the Freeholders in favour of a Court Party and tools of arbitrary power, to enslave and ruin a freeborn people and ye best, profitablest, and most peacefull Collony under the Crown of Great Brittain, to prevent which I thought it may duty to let you into the secret of the Court favourite party: you are to know Brother Electors, that this Assembly is calld for no other reason but to pay to ye Indian Company their charges etc. on Fort Christanna etc. It will cost 100,000 lb. of tobacco yearly to maintain it, and for no other end but to protect the Company's goods etc., etc. You may remember how a former favourite Assembly had like to ruin'd our Country and which is not yet recovered nor ever will that mischievous land law, nor their privelidges of making laws to raise money to ease the levy by ye poll which we are now deprived of by that darling favourite Assembly passing those laws agt. ye law of England reason or justice which H.M. has been graciously pleas'd to repeal, etc. Therefore be careful how you chuse a favourite, one of ye Indian Compy. which now goes by the name of Thomas Jones and Company or one that makes his court to the Governour etc. Endorsed as preceding. Copy. 2pp.
568. ii. Speech of Lt. Governor Spotswood to the Assembly of Virginia, 24th April, 1718. You have to dispose of the greatest bank of money that ever was at one time in the publick Treasury of Virginia, etc. Never was your produce more in demand, or afforded larger returns; never were taxes more moderate etc., and never did your frontiers continue under a more perfect tranquillity, with respect to the Indians than for these four years past etc. Refers to the time when he restrained them from making war, and to his journey to New York to prevent the approach of the Indians of the Five Nations. If the Assembly desires further measures are to be taken to preserve those Indians' friendship, they will insist on negotiations being carried on at Albany, and the Assembly ought to pay the expences of the Governor's journeys etc. Hopes to keep up a good understanding with the Assembly, etc. Copy. 3 pp.
568. iii. Address of the House of Burgesses of Virginia to Lt. Governor Spotswood. Reply to preceding. Acknowledge the prudent conduct of the Government, and H.M. care of their trade, etc. Same endorsement. Copy. 1¼ pp.
568. iv. Address of the House of Burgesses of Virginia to the King. Congratulate H.M. on the success of his arms against the rebels etc., and return thanks for H.M. "great care of the trade of our mother country, of which wee tho verry remote feel the happy influence: and do firmly believe the present flourishing condition of this country is next to the Divine goodness owing to the wisdom of your Majesty's Councils and glorious administration" etc. We are humbly of opinion that by the Order in Council 31st July, 1717, and your Royal Instructions 27th Sept. last, your Majesty's subjects may be deprived of the best means of raising a revenue, let the emergency be never so great, till your Royal pleasure be known therein, which may prove of dangerous consequence to our future safety. Wherefore we most humbly implore yor. Majesty that you will be graciously pleas'd to allow us the liberty of making laws for ye good and support of this Colony as formerly, it being often needful laws should take place imediately and as the dependance wee have on trade will always make us cautious of laying unnecessary burthens upon it so the negative with which your Gover. is vested may always be an effectual barr thereto. Pray for H.M. Instruction to the Governor that the Judges of the General Court may be declared the only Justices of the Court of Oyer and Terminer etc. Signed, Danll. McCarty, Speaker. Same endorsement. Copy. 2½ pp.
568. v. Instructions from the House of Burgesses to William Byrd, Agent for Virginia. May 30, 1718. You are desired to lay before H.M. the Address of the House of Burgesses etc. The House send their Journal for your perusal, and in case any misrepresentation should be made of their proceedings you are to have regard to their honour. Same endorsement. Copy. 1 p. [C.O. 5, 1318. Nos. 49, 49 i.–v.; and (without enclosures) 5, 1365. pp. 117–141.]
June 24. 569. Accounts of the victualling of the garrison of Annapolis Royal, 25th Dec., 1717,–24th June, 1718. 27 pp. [C.O. 217, 38. No. 3.]
June 24.
570. Council of Trade and Plantations to Governor Hamilton. We have lately had under our consideration all the Acts pass'd in the Leeward Islands since the King's accession to the Throne which had not been consider'd before by the Board and have made observations upon some of them which we here inclose for your information and direction; We take notice of one defect in the private Acts of the Leeward Islands, which have been pass'd by you that there is not a clause for saving the right of the King his Heirs etc. according to the 20th Article of your Instructions, and upon this occasion as well as from the observations we have made upon some of the publick Acts pass'd by you, We think ourselves oblig'd to admonish you to be very punctual in observing the several Articles of your Instructions relating to the passing of Laws, and to the transmitting of your particular observations upon each law. We must further take notice of your not transmitting to us the Minutes of Council and Assembly of each respective Island as you are directed to do by the 41st and 42nd of your Instructions, the inclos'd list will shew you what Minutes of Council and Assembly and other publick papers are wanting. Acknowledge letters of 8th Feb. and 15th March. Continue:—We have under consideration what relates to the suspension of Col. Morris from the Council and shall give you notice when any determination is had thereupon. We have been inform'd that there are some vacancies in the Council of St. Christopher etc. (v. 19th June), but as we have not had any notice from you of those vacancies, we have not as yet done anything towards filling them up, but we must observe to you that it is necessary you should give us timely notice as often as such vacancies happen. We have laid before H.M. the account you sent us of the attack of the Spaniards on Crabb Island, whereupon directions have been sent to H.M. Minister at Madrid to make the proper application to that Court upon that matter. We have also represented your complaint of want of ships of war for the guard of your Islands, and we have communicated to the Lords of the Treasury what you write in relation to the inhabitants of Anguilla, Spanish Town and Tortola, and are in hopes that speedy orders will be given thereupon. The Commissioners of H.M. Customs having desir'd to have notice from us before any more places are appointed in Antegoa for collecting the duty of 4½ p. ct., we must desire you to take care that no such places are appointed before you have sent us notice and have receiv'd an answer from hence thereupon. It being for H.M. service that we be at all times acquainted with the absence of Councillors from their posts in the Plantations, we desire that whenever you give leave to any Member of H.M. Councils in your Government to be absent from his post, that such leave be under your hand and seal, and that you forth with transmit to us a copy of such licence of leave as also an account when such Councillor departed your Government, and to what place he is gone. Annexed,
570. i. Observations upon (a) Acts of Nevis (v. preceding). (i.) An Act to settle the estate of Thomas Herbert (1715). Confirm'd. There is a saving clause for the right of all persons whatsoever except those named in the Act but no mention specially of the King his Heirs and Successrs. (ii.) Act for the good Govt. of negroes and other slaves. Reported for confirmation (1717). (iii.) Act for laying a duty on french sugars, rum and molosses (1717). To lye probationary.
(b) Act of Mountserrat, to repeal the Act entitled the Six pound Act. The title of the Act repealed is not truly recited, it being an Act empowering Justices of the Peace to decide differences not exceeding six pounds. This is contrary to the 19th Article of the Governor's Instructions etc.
(c) Acts of St. Christophers, (i.) An act to ascertain the bounds of possessions in the late French ground (1715). With this Act ought to have been transmitted the survey made in consequence of it. (ii.) Act for the settlement of the Militia (1715). This Act in some places is not clearly worded. (iii.) Act for laying a duty on sugars exported to any other Island in this government for the use of the fortifications (1715). Expires in 1720. To lye by probationary. (iv.) An Act for regulating and appointing the fees of the several Offices and Courts (1716). To lye by probationary. (v.) An Act for raising a levy to discharge the publick debts (1716). Expir'd.
(d) Acts of Antego. (i.) An Act for raising 5 p.c. on dry goods and laying an additional duty on wines imported (1715). Expired in 1716. Instead of the oath to be taken by this Act to prove in certain cases that the duties were paid, it would have been more proper that a certificate from the Officer who receiv'd the payment should be produc'd for that purpose. The duty of 5 p.c. impos'd by this Act on all dry goods affects all British manufactures and therefore the Governor should not have given his assent to this Act. (ii.). An Act to lay a duty on foreign sugars, rums etc. (1715.) Repealed by an Act of 1716. This Act is liable to objections because (a) any master of a ship that shall land any of the goods tax'd by this Act etc. without paying the duty or making due entries shall suffer 6 months close imprisonment without bail or mainprize, which penalty is too severe; (b) each vessel importing any of the said goods, landed or put on board any other vessel without duty paid or due entry made, shall on proof thereof by oath of one witness in the Court of Admiralty be condemn'd and forfeited; (c) This Act extends to all sugars imported from any neighbouring Island belonging to H.M. Dominions in order to be sent from thence to Great Britain; (d) The clause empowering Comissrs. to tax traders according to the profits of their trade is too arbitrary, (iii.) An Act for raising a tax of £12,000 for defraying publick debts and charges (1716). Has had its effect. The clause impowering the Treasurer to sue for bonds is so odly worded that it seems to be perpetual, tho' the Act itself is only temporary. (iv.) An Act for laying an additional duty on wines etc. Expired 1717. (v.) An Act for raising a tax of £13,000 and to defray the publick debts and charges. In this and all other mony bills mention is not made that the mony thereby granted is given to H.M. his Heirs and Successors for the public use of the Island as directed by the 25th Art. of Instructions. Nor is the mony rais'd by those Acts payable by warrant or order of the Govt or Commander in Chief only as directed by Art. 35. (vi.) An Act to revive an Act for laying a duty of powder on trading vessels (1715). Expired in 1716. (vii.) Similar Act, 1716. Expired in 1717. The act reviv'd by these Acts is not in the Office tho' mention'd to be pass'd in the first year of the King's reign, a copy to be sent by the first opportunity. (viii.) An Act to encourage the importation of white servants. This Act is ordered to lye by probationary notwithstanding the following objections to it, and therefore the Govt. must take care to get another Act pass'd not lyable to those objections. A servant on his Master's refusing him a certificate of his freedom has not due relief, and is not to be taken by another master in less than 12 months after leaving the first, some provision shou'd be made that on the Master's refusing the certificate, the servant may have it from a Justice of the Peace, and that the fine payable by the Master for refusing it, should be for the servant to find him a gun as requir'd by this Act. The £10 fine which is to be paid by a master for every servant wanting of the number requir'd by this Act should be apply'd to the supplying that want in the Militia. (ix.) An Act for erecting a new Church in St. Johns in room of the present Parochial Church etc. To lye by probationary. (x.) An Act for constituting a Court Merchant. (1717). To lye by probationary. (xi.) An Act to indemnify Antho. Brown etc. There is a petition against this Act of which a copy has been given to the Agent that he may make an answer thereunto. [C.O. 153, 13. pp. 319–328.]
June 24. 571. Office Expenses of the Board of Trade, March 25–June 24th, 1718. v. Journal of Council. [C.O. 388, 77. Nos. 47, 50, 53.]
June 25. 572. Mr. West to the Council of Trade and Plantations. Report upon Act of Barbados to impower licentiate lawyers to practise as barristers in the said Island (1715). By which law it is enacted that every person licensed by the Governour shall be authorized to practice the law as fully as if he were a regular barrister. The Committee of Correspondence (v. 2nd May) urge (i.) that it had been the custom, and such custom had never been attended by any evill consequences, (ii.) that the custom had been approved by the Crown, by the appointment of such licentiates to act as Attorneys and Sollicitors Generall in the sd. Island, (iii.) that the Island was lyable to several inconveniences from there not being a sufficient number of barristers. I have also been attended by Mr. Walker (v. 9th May) and other gentlemen who opposed the Act's being passed into law, who replied that the custom arose from necessity, which no longer exists, and that their not having a sufficient number of barristers is owing to their permitting licentiates to practice. I beg leave to observe that the ignorance of the Brittish laws does naturally tend to weaken that connection and union wch. ought to be kept up between the Mother Countrey and the Colonie and English Gentlemen regularly called to the Bar will have but little incouragement to venture abroad when they see a perpetuall establishment of licentiates in that Island. Other Colonies may be induced to obtain the like law, which as it will leave them little or no reason to send their sons to be educated here in England will naturally alienate them from the knowledge and love of the Laws of Great Britain. There are no qualificacons whatsoever relateing either to oaths or religion prescribed by the Act in order to obtain such licence. But is wholly left to the arbitrary disposicon of the Governour who is enabled to permitt even his footman or his black to practice as a barrister. And since the Governour has no particular power by his Instruccons to grant such licenses I believe yor. Lordpps. will think it more for ye honour of ye Prerogative that in case there should be any deficiency of barristers in the Island they should be oblidged to apply for licences at home. However I cannot but own that it would be a hardship to take away the priviledge of practiceing from those who have applyed themselves to the Law in that Island and have already been bona fide licenced. Therefore I am of opinion that the law should not be wholly rejected but ordered to lye by. And I hope yor. Lordships will think proper to write to the Governor not to grant any such licenses for the future. Signed, Richd. West. Endorsed, Recd. 25th June, Read 10th July, 1718. 2¾ pp. [C.O. 28, 15. No. 34; and 29, 13. pp. 467–470.]
June 25.
573. Council of Trade and Plantations to the King. Recommend appointment of John Gamble to the Council of Antego, as proposed by Governor Hamilton. [C.O. 153, 13. p. 328.]
June 25.
574. Mr. Secretary Craggs to Governor Hamilton. It having been represented to the King that William Mathew, John Davis, John Bourryau, Joseph Estridge, Jno. Willet, George Lyddell, Charles Rowland, Charles Payne, Gillies McArthur, Clement Crooke, John Greathead, Timothy Hore, John Williams, Peter Soulegre, Main, Swete, Thomas Bridgewater Esqrs., Mr. Peter Thomas, Mr. Benjamin Markham, Mr. Nathanael Payne, Mr. John Orton, Mr. Augustus Boyd, Mr. Peter Gignilliat, Mr. Benjamin Clifton, Mr. Humphrey Shepherd, Mr. Paul Brisac, Mr. George Taylour, Mr. John Johnson, the Revd. Mr. Danl. Burchall, Mrs. Louise Mathew als. Burt, Mrs. Sarah Browne, Mrs. Elizabeth Davis and Stephen Pelissier having had grants for lands in the Island of St. Christophers, they have by themselves or undertenants manured great part thereof, built boyling houses, and other works for sugar making, and been at great expence and charge, whereby the produce of that Island and the settlement thereof has been very greatly improved, and H.M. Revenue of Customs thereby considerably augmented, and they praying to be continued in the peaceable possession of the said lands; H.M. being not yet come to a resolution in what manner to dispose of his lands in that Island, has commanded me to signifie his pleasure to you, that all the persons abovenamed do remain in the quiet enjoyment of the lands granted to them, by grants not expired the 25th Dec., 1717, till H.M. shall think fit how to dispose of that part of St. Christophers, which was the French settlement, under the like conditions, as they have hitherto held the lands, and in case you have already given any grants to dispossess such persons, H.M. further pleasure is, that you do recall the same. P.S. I add this postscript to explain the above written command of H.M., whose intention only is, that the persons therein mentioned, may be maintained in the quiet possession of the lands they now enjoy in St. Christophers, till H.M. further pleasure shall be known, there appearing as yet no reason to H.M. why these persons should not be preferred to any others whatsoever, for holding the said lands on the foot they are at present granted. [C.O. 324, 33. pp. 166, 167.]
June 26.
575. Governor Shute to the Council of Trade and Plantations. I had the favour of your Lordships letter dated on the 4th of March and have sent the numbers of the Militia of both Provinces as also the tryal of the pirates who were tryed here by the power invested in me and other persons mentioned in the 34th Article of my Instructions; And had also the opinion of the Judge of the Court of Admiralty at home. The King's gracious Proclamation has not produced the hoped for effects; for the pirates still continue to rove on these seas; and if a sufficient force is not sent to drive them off our Trade must stop. I have received lately complaints, that the French at Cape Breton fish upon our coast by the Gutt of Cancer and have made hutts there which is contrary to the Articles of Peace and am sending the Squirrel man of war to inquire into the truth of it that so the Fishery of H.M. subjects may be maintained, and have writ to the Governour of Cape Breton, that I do expect, that he does immediately order the French under his command to pull down their hutts and also not to fish any more on yt. shoar. The accompts of the 3 yrs. export from the Western and Maders Islands I sent yr. Lordps. in January last by Mr. Keys the Collector of Rhoad Island who promised me to deliver them to the Honble. Board. The other Articles in yr. Lordps. last letter shall be answered by the next ship. Signed, Samll. Shute. Endorsed, Recd. 4th, Read 5th Aug., 1718. 1 p. Enclosed,
575. i. The Trials of Eight Persons Indited for Piracy etc. held in Boston, 18th Oct., 1717, with their confessions etc., Simon van Vorst, John Brown, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, John Shuan, Thomas South and Thomas Davis. The last two acquitted, the rest found guilty. Boston. Printed by B. Green, for John Edwards, and sold at his shop in King's Street. 1718. Endorsed as preceding. 25 pp.
575. ii. List of the militia of the Massachusetts Bay. Total, 14,925. 1 p.
575. iii. List of the Militia of New Hampshire. Total of 1st Regiment, 749. Numbers of 2nd Regiment missing. Endorsed as covering letter. 1 p. [C.O. 5, 867. Nos. 4, 4 i.–iii.; and (without enclosures) 5, 915. pp. 177–179.]
June 26.
576. Mr. Popple to Mr. Barrington. Reply to 23rd June. There is at present no vacancy in the Council of Angtegoa, but the Council of Trade and Plantations have order'd Mr. Yeamans to be minuted down as recommended by you etc. [C.O. 153, 13. p. 333.]
June 26.
577. Mr. Popple to Mr. West. Encloses for his opinion thereon, Act of New York for paying several debts etc. and papers relating thereto. "These papers being originals, I am to desire you to return them." [C.O. 5, 1124. pp. 28, 29.]
June 27. 578. Mr. Philips to Mr. Popple. Encloses following to be laid before the Board. Signed, A. Philips. Endorsed, Recd. 27th June, 1718, Read 16th Aug., 1720. 1 p. Enclosed,
578. i. Col. Schuyler to Governor Hunter. Albany, Feb. 5, 1717/18. The Comrs. of Indian affairs have exactly complyd with yr. last orders relateing to the Indians, who are very quiett and well satisfyd etc. I am extreamly well pleased to hear yr. Excellcy. had passed the Debt Bill etc. I was extreamly surprized to hear of Col. Lodowicks appeareing with Mulford in any attempts against yr. Excy. but much more when I heard he made so unwarranted and so unjust a use of my name, to charge yr. Excy. with ill usuage of me, and to found the Indians discontent and the Carolina warr on so base a falshood etc. The reason of that warr I leave to the consideration of their own government, but that it was not more easily or sooner ended I must impute to their not knowing the nature of our Indians, or their despiseing them; The Five Nations offering in a late proposition to yr. Excy. (Capt. Smith the Agent from Virginia being prsent) to enterpose and become arbitrators betwen them and the Indian enimy, and to meet their Agents here (the setld place of their meetings), but this government know by chargeable experience that they are not to be applyd to without presents being their own way of makeing propositions, and it is more then 25 years past since ye Governmt. of Virginea thought it worth their while, to be at such expence, whilest this Government being the frontieers of all H.M. settlements on the main, beares the whole burthen and expence of the Indians; and how depicable soever the Five Nations of Indians may appear in the eyes of those other Governments I can't but be of opinion that they are highly serviceable to H.M. interest and in a great measure the ballance of North America: and whilest I have any interest amongst them, shall allways improve it for H.M. service etc. Acknowledges H.E.'s extraordinary respect and friendship etc. Signed, Pr. Schuyler. Addressed. 1½ pp. [C.O. 5, 1052. ff. 32–35.]
June 30.
579. Mr. Secretary Craggs to the Governor of the Leeward Islands. Monsr. Chammorel Secry. to the Embassy of France having presented a Memorial to the King on a complaint made by Pierre Sales a merchant of Martinico against the Officers of the Revenue in Antigoa for having extorted from him a security for 20,000 livres tournois without any just pretence for so doing: I am commanded by H.M. to enclose to you a copy of the said Memorial, that you may enquire into the truth of the allegations, and accordingly that you either give effectual orders for redressing the grievance complained of, or transmit to me a satisfactory answer to the said Memorial. Signed, J. Craggs. Annexed,
579. i. M. Chammorel to the King. Memorial described in preceding, but stateing the amount of the security as 200,000 1. tournois etc. French. Copy. [C.O. 324, 33. pp. 167–170.]