|
July 1.
Whitehall. |
558. Mr. Popple to Mr. Carkesse. Encloses papers relating
to searching of merchants' ships at Jamaica to be laid before
the Commissioners of Customs. The Council of Trade and
Plantations desire to be informed how the law stands with respect
to French indigo from the Plantations as likewise in regard to
seizures in general how farr Sr. Nicholas Lawes's warrant to
Capt. Brooke may be authentick to Robert Hall who appears
to have had a temporary power to be assistant-waiter and to
seize contraband goods, and particularly whether a ship being
once cleared makes any difference as to her being searched.
Being informed that there is on board ship Pompey, Capt.
Peniston, lately arrived at Woolwich from Jamaica a small
box directed to the Lords Commrs. for Trade containing sevl.
letters, acts and other publick papers of that Island, but the
officers on board will not permit the Captain to deliver the sd.
box to their Lordships unless it be first opened on board in
their presence, I am to desire that the said officers may be
directed to permit the Captain to send the said box to their
Lordships there being several things expected to be in it which
may be of use for their Lordships' information. [C.O. 138, 16.
pp. 294–296.] |
July 1.
Boston. |
559. Mr. Savage to the Council of Trade and Plantations.
Refers to the ridiculous, false and malicious letters of Lt.
Washington (v. 19th June). Concludes:—He accuses me of
having exacted of the French inhabitants (of Nova Scotia)
such high fees, in my office as Secretary, that hath obliged them
to leave the Province etc. I solemnly declare that the fees etc.
I have received for the whole year from them has not amounted
to £3 sterling etc. Signed, Wr. Savage. Endorsed, Recd. 6th,
Read 13th Sept., 1721. 3 pp. [C.O. 217, 4. ff. 40–41v.] |
July 4.
Office for Taxes. |
560. Agents for taxes to the Council of Trade and Plantations. Enclose copies of extents and inquisitions upon debts
due in the Plantations to Benjamin Blundell Receiver General
for Leicestershire he having failed in his credit, to be transmitted
to Governors of the several Plantations, "having good reason
to believe that the sd. extents will be of no force in the Plantations without your aid" etc. Signed, John Williams and three
others. Endorsed, Recd. 5th, Read 11th July, 1721. Addressed.
1 p. [C.O. 323, 1. No. 19] Enclosed, |
|
561. i. Extent and inquisition for £900 due from some
merchants in New York to Mr. Blundell etc. v. preceding.
21st June, 1721. Endorsed as preceding. Latin.
1 large p. [C.O. 5, 1052. ff. 163, 163v.] |
July 4.
Jamaica. |
562. Governor Sir N. Lawes to the Council of Trade and
Plantations. Since I wrote (12th June), our new Assembly
have met etc. Refers to his Speech to them enclosed. Continues:
The day after their meeting I had deliver'd to me H.M. royall
commands for the payment of Lord Archibald Hamilton out
of his Revenue here prefferable to all other demands which
I communicated to the Assembly but what effect that had upon
the majority of them your Lordships will please to observe
from a copy of the resolutions of the House on my Speech and
Message on that subject (enclosed). I am alltogether at a loss
what farther to say or excuse to make for those people who in
their proceedings have shown so little regard to H.M. just commands and I shou'd have parted with them upon such an
undutiful behaviour were it not for some hopes they give in their
resolutions of passing a bill for the settleing the windward part
of the Island by encourageing people from the Virgin Islands
to become settlers here and considering such a law if obtained
to be of the utmost consequence and advantage to this Colony
has induced me to have patience and forbearance longer than
otherwise I should have had with them, a few days now will
shew whether they have a reall intent or not to pass this bill
shou'd they not agree in a thing so apparently beneficiall for
the whole country I can expect little other good from them
and therefore what I have hinted in my former letters of settleing
H.M. Revenue and makeing his Government here easy will
become the more necessary to be taken under H.M. speedy
consideration etc. Repeats part of April 20th. P.S. July 5th.
Severall of the Gentlemen of the Assembly haveing dissented
from the resolution of the House on H.M. Privy Seal for the
payment of the Lord Archibald Hamilton have thought proper
to assign their reasons for so doing a coppy whereof comes
herewith this it seems has given offence to those Gentlemen
who were of a different opinion and I am told the Speaker's
warrant is issued for the takeing those Members who have
signed it into custody of their Messenger. I cannot inform
your Lordships by the present opportunity how such proceedings
will end but in duty to H.M. I must acquaint your Lordships
that Mr. Peter Beckford has all along been the cheif contriver
and promoter of faction and discord and has constantly opposed
not only in my Government but in my predecessors whatever
has been recommended for the King's service and I may truely
say he is the cheif instrument of all our misfortunes he boasts
himself in his riches by means of which he has many dependants,
which gives him such a sway in Assembly's, he enjoys no place
of proffit honour or trust by my appointment but has a Commission from the Commissioners of H.M. Customs at home to
be Comptroller of the Customs here and tho' that post be of
no great proffit yet it serves him in some measure as a cloak to
do mischeif. I therefore hope your Lordships will endeavour
to get him removed from that post. Signed, Nicholas Lawes.
Endorsed, Recd. 16th, Read 26th Sept., 1721. 31/8 pp.
Enclosed, |
|
562. i. Copy of the Weekly Jamaica Courant, with news
foreign and domestick. Publish'd by Authority.
Wednesday, June 28, 1721. Numb. clxii. Includes
the Governor's Speech to the Council and Assembly,
St. Jago de la Vega, June 24, 1721; list of ships sailing;
and H.M. Patent to the several Gentlemen Adventurers in the Royal Mines of this Island etc. Same
endorsement. Printed. 4 pp. quarto. |
|
562. ii. Resolutions of Assembly of Jamaica that the Revenue
is not anyways chargeable with the Lord Hamilton's
supposed debt nor ought the same to be allowed of
in the Receiver Generall's accot., and that the payment
thereof will tend to the entire subversion of the nature
of Assemblys who would by such proceedings be
deprived of the most essentiall part of their being
(which is the raiseing and applying of the mony) etc.
Reasons offered by nine Gentlemen who disagreed
with above. Copy. 2½ pp. |
|
562. iii. Resolutions of the Assembly for encouraging settlers
from the Windward Virgin Islands etc. 23rd June,
1721. Copy. 2¾ pp. Nos. ii. & iii. endorsed as preceding. [C.O. 137, 14. ff. 34–36, 37–38v., 40–41, 42–43v.] |
July 5.
Whitehall. |
563. Lord Carteret to the Council of Trade and Plantations.
You are to prepare an Instruction to Governor Lord Belhaven
conformable to your report, (30th June) etc. Signed, Carteret.
Endorsed, Recd. 8th, Read 11th July, 1721. ¾ p. [C.O. 28, 17.
ff. 152, 153v; and 5, 1092. No. 23.] |
| [July 5.] |
564. Petition of Col. John Montgomerie to the King. On
being appointed Governor of New York, begs permission for
the Assembly to settle upon him what they shall judge proper
for supporting the dignity of the Governor etc. Copy. 1 p.
[C.O. 5, 1092. No. 21.] |
| [July 5.] |
565. Governor Lord Belhaven to the King. Similar to
preceding. Copy. 1¼ pp. [C.O. 5, 1092. No. 22.] |
July 7.
Whitehall. |
566. Mr. Popple to Mr. Carkesse. Encloses extract of
letter from Governor Hamilton, (20th July, 1719) relating to
a vessel seized for importing at Antigua some tallow directly
from Ireland. The Council of Trade and Plantations desire
the opinion of H.M. Commissioners of Customs thereupon.
[C.O. 153, 13. p. 498.] |
July 7.
Whitehall. |
567. Same to Mr. West. Encloses, for his opinion thereon,
some Acts passed in Antigua, 1718–1720, St. Christophers
(1718, 1719) and Montserrat (1719). [C.O. 153, 13. pp. 499–502.] |
July 9.
St. James's. |
568. Order of King in Council. Referring Representation
of 30th June concerning the Bahama Islands to a Committee
of Council. Signed, Edward Southwell. Endorsed, Recd.
4th, Read 8th Aug., 1721. 1 p. [C.O. 23, 1. No. 36.] |
July 9.
St. James's. |
569. Order of King in Council. Referring Commission and
Instructions for Governor Phenney to a Committee of Council.
Signed and endorsed as preceding. ¾ p. [C.O. 23, 1. No. 37]. |
July 12.
New York. |
570. Governor Burnet to the Council of Trade and Plantations. Encloses a translation of a Journal of all the French
proceedings for this year past, as it was given me by the author
a French Recollet Proiest who is come to us from Canada and
is desirous to go to England (i.e., Monsr. Durand. Ed.) He
is as he says of a Hugenot family, and has long been desirous
to leave his order, and change his way of religion. I may now
brag to your Lordships that our law against trade with Canada
has brought an immense number of Indians of far Nations to
flock together to Albany the French being now unable to
supply them with goods this I hope is a beginning of a new
interest in the Indians which will at the same time occasion
great jealousy from the French against whom it is extremely
necessary to be prepar'd in all events, which I hope we shall
be prepar'd for, when that Act which waits for approbation
from home, comes back confirmed. I have received your
Lordships' orders of 21st of March with Mr. Smith, who arrived
last week in the Grayhound man of war and will do what I can
possibly to serve him, tho' when I send your Lordships all the
transactions of the Assembly of that Province, you will see in
how unlikely a temper they are to do anything right. I hope
soon to send the Minutes of Council of that Province which
with the printed speeches and bill for the Revenue which give
their full history, will I hope be ready to go by the return of the
man of war from hence. I shall be glad if the enclosed Memorial
meets with your Lordships' approbation. I believe it very just
and perfectly agreeing with the account our people give of the
transactions, between the French and Indians of the 5 Nations
only that here some of Councels are explain'd of matters whereof
we had heard only the results the last part agrees too with our
Interpreters report who says that the Seneca's were grown colder
to the French and did not now care to receive either priests
or a smith from them, tho' they had agreed to it last year. I
am going to Albany in August at which time I shall enquire
into the case of the Palatines more particularly and how they
may be settled, according to your Lordships commands of 29th
Nov. and your letter which I received renewing them by Sheef
one of the Palatines who came by the Grayhound and which
was dated March 8th, 1720. I have not yet received any account
of the presents to be sent to the Indians or of the stores so much
wanted by the troops here. I hope your Lordships just
representations in the behalf of this Province on these heads
will have their full weight with H.M. as they lay a great obligation on this people etc. P.S.—20th July. I take the liberty
to recommend the author of the within Memorial to your
Lordships for your favour. He is capable of giving you the
best account of the present state of Canada and deserves in
my humble opinion some reward for his information. I hope
your Lordships will not think this an improper request. I
have made him the bearer of this letter, that it may introduce
him to your Lordships. Signed, W. Burnet. Endorsed, Recd.
14th, Read 15th Nov., 1721. 4 pp. [C.O. 5, 1053. ff. 1–2v., 3v.] |
| July 12. |
571. Same to Same. Duplicate of preceding, without
postscript. Endorsed, Recd. 25th, Read 29th Aug., 1721.
Holograph. 2¾ pp. Enclosed, |
|
571. i. Memorial of what passed concerning the establishment
of a post which the French have built at Niagara
for the trade of pelletrie. 1st July, 1721. Signed,
John Durant, late Chaplain to the Fort of Cataracouy.
Endorsed as preceding. 7½ pp. |
|
Set out, N.Y. Docs. V. pp. 588–591. [C.O. 5,
1052. ff. 169–175v., 176v., (with abstract)]. |
July 13.
Charles Town. |
572. Governor Nicholson to the Lord President of the
Council. Refers to following: "account of our not landing at
Port Royal as also concerning Col. Barnwell's going to build a
small fort at the River Alatamaha" etc. We have no account
of the French or Spaniards being there or of their designe to
settle it etc. There being so very much business here for me to
do in setling of the Governmt. and treating with the Indians
I found it absolutely necessary for H.M. interest and service
for my staying here and not going at present to the Alatamaha
River. I hope that Col. Barnwell will be able to accomplish
that affair of ye small fort in order to his being here at the
Assembly to whom I shall according to my duty recommend
the securing the frontiers in general and that place in particular.
And I shall likewise use all the interest I have for accomplishing
that most necessary affair of the frontiers and likewise in adjust
ing all things concerning the Indians in doing of which we have
already made some progress etc. Signed, Fr. Nicholson.
2 pp. [C.O. 5, 387. No. 28.] |
July 13.
South Carolina. |
573. Governor and Council of South Carolina to the Council
of Trade and Plantations. Enclose Minutes of Council by
H.M.S. Flamborough etc. Owing to the great hurry of business
have not yet been able to answer H.M. Instructions. The
whole frame of Government being altered and now happily
settled in H.M. has made it necessary to prepare new lists of
officers civil and military etc., and since that sending for the
Indians of the severall Nations and settleing treaties with them,
which wee have in some measure effected with the two chief
Nations the Creeks and Cherakees etc. has taken up a great
deal of time etc. Besides which several of those Instructions
relate to the Assembly, who are to meet on 27th inst. etc. Refer
to Minutes. The Countrey is very quiet and everything seems
to be settled in as good a manner as can be expected in so short
a time etc. P.S. Please to excuse the badness of the paper the
Minutes are transcribed on, it being leaves torn out of a book
here being no paper to be bought fitt for that use. Signed,
Fr. Nicholson and, for the Council, Char. Hart, Secry. Endorsed,
Recd. 21st Aug., 1721, Read 17th April, 1722. 21/8 pp.
Enclosed, |
|
573. i. Minutes of Council of S. Carolina. Charles Town,
8th July, 1721. H.M. Instructions cannot be answered
till after the Assembly meets etc. v. preceding. Same
endorsement. Copy. 1¼ pp. |
|
573. ii. (a) Correspondence relating to the landing of the
Independant Company at Charles Town, and not
proceeding to Port Royal, the soldiers being ill with
scurvy, provisions very short, and pilots lacking.
2 pp. |
|
(b) June 3, 1721. Col. Barnwell to Governor
Nicholson. In response to H.E.'s order in Council,
asking for his report upon the methods proposed for
building a fort on the Alatamaha River, reminds
H.E. that though orders were given by the Lords
Justices to the Board of Ordnance on 12th Oct. to
provide an engineer, artificers and tools for that
purpose, they have been sent without an engineer or
tradesmen and only 100 Invalids, who are for the most
part unable to perform any labour, and whom the
least hardship will destroy etc. Proposes that the
Council and Assembly be consulted how far the
Province may supply the necessary labour etc., and
that in the mean time 30 of the Scout men now in the
country's pay about Port Royal be ordered to secure
possession of the place by a small palisado fort and
a sloop to attend them and sound the bar &c. Offers
to assist in sounding bar and making plan of river
and harbour. "But if it be expected of me by reason
of the command I have of the Scouts, that I shall
attend that service, it would be the greatest hardship,
for the pay allowed me by the publick is less than
2s. sterl. a day, and the very trades men who must
be hired will not expect less than 6 or 8" etc. Explains
that he had expected the Lieutenancy of the proposed
fort and settlement upon the same footing as Annapolis
Royal or Placentia, but as nothing of that appears,
he asks for some respite to provide for his private
affairs etc. Copy. |
|
(c) Col. Barnwell's Commission to command the
Militia, Scout boats, etc. of the Southern forces, 8th
June, 1721. Signed, Fr. Nicholson. Copy. |
|
(d) Col. Barnwell's Instructions, 8th June, 1721.
You are to take sufficient scouts and scout-boats etc.
from Port Royal and take possession of the River
Alatamaha in H.M. name, and build a small fort thereon
and leave it under the command of such a trusty person
as you shall approve of etc. You are to hire the tradesmen necessary, and a sloop and make a plan of the
river, and to keep a journal of expences etc. Signed,
Fr. Nicholson. Copy. |
|
(e) Blank Commission for a Commander of a Garrison
to Southward. Signed, Fr. Nicholson. Copy. |
|
(f) Contract between Col. Barnwell and Jonathan
Collings for the sloop Jonathan and Sarah for H.M.
service etc. 9th June, 1721. Copy. |
|
(g) Warrant to Lt. Joseph Lambert of the Independant Company at Port Royal to deliver stores required
by Col. Barnwell. Signed, Fr. Nicholson. 9th June,
1721. Copy. |
|
(h) Warrant to Col. Brewton to deliver powder to
Col. Barnwell. Same date and signature. Copy. |
|
(i) Warrant to Thomas Lloyd to deliver 4 field
pieces to Col. Barnwell. Same date and signature.
Copy. |
|
(j) Col. Barnwell to Governor Nicholson. Beaufort,
3rd July, 1721. Acknowledges letter of 23rd June,
received on his way to Edisto. Thanks for justice
done him. Sends accounts of provisions etc. Continues: This day I am promised the assistance of
some of the soldiers to gett the timber together that
is to build their barracks. It proves very sickly
among my scout men, etc., for we had scarce a dry
day since I came up. The woods are full of water,
and the men goeing backward and forward and killing
beef and out day and night, as well as they are
season'd can't bear so much wett etc. Mr. Collins
in the pilate boat arrived 28th June and I have the
promise of 6 Creek Indians to go wth. mee and hunt
etc. I have been very badd of the flux, but thank
God I am now in health etc. I shall sett out in a day
or two etc. Copy. The whole endorsed, Recd. 21st
Aug., 1721. Read 17th April, 1722. 16 pp. [C.O.
5, 358. ff. 91–105v.; and (notes for reply) 5, 406.
p. 1.] |
| [July 13.] |
574. William Nivine to the Council of Trade and Plantations. Prays for a report upon several Acts of St. Christophers
which have been for several years depending with their
Lordships. Endorsed, Recd. Read 13th July, 1721. ½ p.
[C.O. 152, 13. ff. 258, 261v.] |
July 17.
Whitehall. |
575. Council of Trade and Plantations to Lord Carteret.
Reply to 22nd March. Abstract Address of Council and Assembly
of Virginia. Represent, that if these passes are not soon
secur'd they may fall into the hands of the French who are
already situated nearer to them than H.M. subjects are by their
lodgments upon the great Lakes which continue their communication from the River of St. Lawrence to that of Mississippi,
and it is very obvious of what fatal consequence such a neglect
on our part must certainly prove to the British Plantations
which would be thereby perpetually exposed to the incursions
of the French and of the Indian Nations in their interest; we
cannot therefore but be of opinion that all possible encouragement should be given for the enlarging and extending of the
British Settlements towards the said Mountains, as one of the
most effectual means to prevent the growing power and further
encroachments of the French in those parts. But as it is not
likely that any number of inhabitants will be induc'd to settle
near those Mountains, unlesse they are sure of protection there,
we cannot but highly approve of the proposal for erecting of
Forts to secure the passes and placing garrisons in them for so
necessary a purpose; it were indeed to be wished that the
charge thereof might be defrayed by the Province of Virginia,
but rather than so useful a design shou'd be dropt we shall
humbly submit to H.M., whether it may not be proper to defray
or at least to contribute to the charge of building these two
forts even out of H.M. own quit rents, arising in that Province
as is desir'd by their Address. In case H.M. should be dispos'd
to grant their request in this particular, it would however be
necessary the Lt. Governor of Virginia should first remit hither
a plan and estimate of the work to be laid before H.M. and in
the meanwhile two stockaded forts may be built at a small
expence by the people of Virginia to secure the possession till
more regular fortifications shall be erected. As to what relates
to the two Companies desir'd by the aforesaid Address, we are
of opinion and have long been so that it will be impossible to
improve or even to preserve H.M. Empire in America without
sending a military force thither, 'tis what this Board has
frequently propos'd, and we do conceive that two Companies
cannot be imploy'd upon a more important service than this.
It will appear to H.M. by the Act to which the Address refers
that the Assembly of Virginia have made considerable advances
at their own expence towards the carrying on this project, for
which reason we are the rather inclin'd to think they may
deserve H.M. countenance and encouragement, that their
example may induce the neighbouring Colonies likewise to
turn their thoughts towards designs of the same nature, and
for the same reason we are humbly of opinion that it may be
for H.M. service to remit the quitrents of the aforesaid two new
Counties, and the fine of 5s. upon each 50 acres to such persons
as shall take up land there for 10 years to come, more especially
since H.M. Revenue will in all probability be increas'd thereby
at the expiration of the said term of 10 years, and a good barrier
will be form'd to the British Plantations on this side by a new
Colony which cannot be supported without some advantages
at their first planting. There are however two particulars that
should especially be guarded against if H.M. should be graciously
dispos'd to remit his quit rents for the time propos'd by the
Address, that no person already possess'd of lands in any other
part of Virginia held by quit rent from the Crown be admitted
to take up lands in these new Counties without giving sufficient
security for continuing the payment of the quitrents for the
lands by him already possess'd notwithstanding his removal to
one of these new Counties; and that no person whatever be
allow'd to take up more than 1000 acres in his own or any other
name in trust for him in either of the said new Counties. These
regulations together with any others which shall be thought
proper in the laying out of those lands may be made by Instructions to the Governor of Virginia if H.M. shall be pleased to
approve of what is humbly propos'd for encouraging and
securing this new Settlement. [C.O. 5, 1365. pp. 229–236.] |
July 17.
Whitehall. |
576. Council of Trade and Plantations to Lord Carteret.
Reply to 25th April. Representation upon Anthony
Cracherode's petition against Act of Barbados, 1720, appointing
security to be given by appellees. We have heard Petitioner and
the Secretary of that Island by their Counsel etc. By the
Govr's Instructions the cause of action in all appeals, that are
made from the Court of Chancery there to H.M. in Council
here is to exceed £500 sterl. in value, and good security is to
be given by the appellant that he will effectually prosecute
the same, and answer the condemnation, as also pay such costs
and damages as shall be awarded, in case the sentence from
which he appeals shall be affirm'd. It is further provided,
that execution shall not be suspended by reason of such appeal.
But it having been found by experience, that some appellees
taking advantage of the aforesaid Instruction had after execution
obtained in their favour, transported themselves and their
effects off the Island, and others had become insolvent before
the determination of ye appeal to H.M., whereby the appellants
upon reversal of judgement have been intirely disappointed of
all redress; it was thought reasonable that the execution of
the judgement should be stopp'd, or that the appellee should
give bond with sufficient securities in the Secretary's Office of
that Island, in double the value of the sum to be appeal'd for,
to make restitution to the appellant of all that the appellant
shall have lost by occasion of such judgement or decree, in case
upon the determination of such appeal, such judgement or
decree shall be revers'd and restitution awarded to ye appellant,
such bond to be taken in ye name of the Govr. or Commander
in Chief of that Island for the time being; and the said security
to be allowed and approv'd of by the Court, from whose judgement or decree such appeal shall be made. And as the subject
matter of this Act as well as the fee thereby establish'd is
intirely new; we do conceive the Assembly of Barbados might
annex the same to such office as they thought most convenient
for that purpose and that H.M. grant of the Register's Office
in Chancery to Mr. Cracherode is not prejudiced thereby, and
consequently that no just objection can arise from thence to
ye confirming ye said Act, which we humbly offer to H.M. for
his approbation in representation annexed. |
|
576. i. Council of Trade and Plantations to the King. Represent above Act for H.M. approbation, as reasonable and
Just etc. [C.O. 29, 14. pp. 129–134.] |
July 19.
Charles Town, South Carolina. |
577. Governor Nicholson to the Council of Trade and
Plantations. Refers to and repeats part of letters of 13th instant.
Hopes that an Engineer will be sent in place of the one who left
them at Plymouth, and that "Col. Barnwell will accomplish
that affair of the small fort at the mouth of the River Alatamaha
in order to his being at the Assembly" etc. Signed, Fr. Nicholson. Endorsed, Recd. 16th Sept., 1721, Read 17th April, 1722.
1½ pp. Enclosed, |
|
577. i. Exports from South Carolina to Great Britain, 25th
Dec. 25th, 1720—18th July, 1721. Rice, 17, 739 barrels; pitch,
9,860; tar, 6599; 53 chests deer skins. To the Plantations,
Rice, 3,658 barrels; pitch, 1682; tar, 1858; and deer skins,
beef, pork, candles, tallow, peese, corne, staves, masts, yards,
bowsprits, shingles, leather, cyprus and cedar plank. Signed,
Tho. Broughton, Collector. Same endorsement. 1 p. [C.O.
5, 358. ff. 106, 106v.,107v.–108v.] |
| July 19. |
578. Abstract of preceding, with note for reply. [C.O. 5,
406. p. 1.] |
July 19.
Boston. |
579. Governor Shute to the Council of Trade and Plantations. Refers to letter of 1st June, and enclosure No. 1, "which
never came to my hands, but as I now take the liberty to send
it to your Lordships, in print." Quotes Order for drawing up
this Memorial from printed Journal of Representatives, 19th
June, 1721. Continues:—Your Lordships will find that the
House have charg'd me, in the inclos'd Memoriall, with downright false insinuations, unjust unreasonable remarks and
animadversions upon the behaviour and transactions of the
last Assembly. They tell the people (to whom this Memoriall
seems to be address'd) that it would be a great grief to every
good man if in any one instance it could appear that the last
house of Representatives or any other, had slighted H.M.
Instructions. If your Lordships have perus'd the severall
papers I sent in my last pacquett I make no question but it
appears plainly, that they have been very far from paying that
just regard they ought to have done to severall of H.M. Instructions, wch. I have communicated to them. How they have
observ'd my 29th Instruction relating to the woods your Lordships will see by an abstract of their proceedings in the before
mention'd printed messages between the Councill and the
House. For my 73 Instruction I must take leave to refer
your Lordships to the 2d page of the Printed Journal of the
last House of Representatives; I tell them there the King my
Master has positively commanded me, that to book or paper
shall be printed, without my license first obtain'd. My power
being much too weak to put this H.M. Instruction in exccution,
I recommended it to the Generall Court to make a law conformable thereunto. The answer of the House of Representatives, your Lordships will find in p. 11 of the Printed Journall,
which runs thus "Should an Act be made to prevent the
printing any book or paper, without license first obtaind from
the Govr. for the time being no one can foresee, the innumerable
inconveveniencys and dangerous circumstances this People may
labour under in a little time." So cautious are they of putting
the least power into the hands of a Govr., tho' 'tis of such
consequence to the Peace, safety, and honr. of the Government.
What the enclos'd Memoriall says afterwards, that when any
persons have been so malicious as to print libells reflecting on
the Government they have been punish'd according to the
nature of their offence, is so notoriously otherwise that tho'
both Printers and Publishers of such libells have been taken up,
and have own'd the fact, and I have done my utmost endeavour
to bring them to Justice, I never once yet found it possible for
me to effect it. Your Lordships will see page 3 of the Printed
Journall, that according to my Instructions I have press'd the
House to settle such a salary upon me, as is suitable to the dignity
of my post. Their answer is in p. 11 of the said Journall,
wherein they still insist that £1000 per. ann. in Province bills,
wch. as the course of Excha. runs makes about £435 sterl. is
such a salary as is sufficient to demonstrate to H.M. they they
are dutifull and loyall subjects; and the objection they make
to a settled salary is, that 'tis contrary to their custom and
practise. The Memoriall alledges in their justification the low
circumstances of the Province for want of a medium of trade,
and allowances granted to former Governours. As to the first
'tis obvious that they have as great a medium of trade as ever
they had, and that the Province since my arrivall is very much
increas'd, and is as a Community not in debt as I am inform'd
above £30,000 sterl. and nothwithstanding their pretended
poverty, this present Sessions of the Genl. Court has cost the
country £1400 only in unnecessary debates and wranglings
against the Prerogative. As to the second allegation, I find
the Genll. Court allow'd the Earl of Bellamont £2000 in silver
money for less than a year's service, wch. is very near as much
as they have granted me in four years, considering the present
low credit of the Province Bills. Upon this head, I must beg
leave to acquaint your Lordships, that the present House of
Representatives have begun a most unreasonable dispute with
me by entering into a resolve, that they would not go upon
my allowance till I had set my hand to everything that remain'd
for me to sign. I have already given my assent to severall of
their Acts; but that does not satisfie them. I therefore sent
the Secretary down with a message to acquaint them at the last
Sessions but one I signed no Act till they had voted my salary,
and that so soon as the house had gone through, what was
before them, I should leave nothing unfinsh'd that depended
upon me. As the Charter leaves this matter entirely at my
discretion I resolve not to give it up, and I hope I shall have
your Lordships approbation therein. I can't help complaining
here, how unavoidable a necessity a Governour of this Province
is sometimes under, either of agreing to what may not be for
H.M. interest, or of incurring the displeasure of the House to
the risk of his support. The memoriall goes on to acquaint
the world, with a very unaccountable air of superiority and
greatness, "That it has not been the usage and practise to have
nonconcurr'd bills sent to the Board of Trade, and that 'tis
what they can see no reason for, and that this Government is
no ways answerable to that Honble. Board for any matter or
thing done here relating to Acts of Government." I need not
make any remark upon this paragraph to your Lordships. But
I shall endeavour to convince the People how vastly the House
of Representatives, especially in this particular, have been
wanting in their duty and the interest of their Country. What
is mention'd in the two next paragraphs of the Memoriall
concerning the Riot and Pamphlet Bills I think is well answer'd
in the printed Reasons of the Councill for passing those bills,
to which I take the liberty to referr your Lordships. I would
also intreat the Rt. Honble. Board to peruse the printed votes
orders and messages relating to logs cut in the Province lands
in the County of York. I have pursuant to my 29th Instruction
issued out many proclamations to prevent the stroy and spoil
of H.M. woods in both Provinces, and have given the strictest
charge to H.M. Surveyor Genll. and his Deputies not to fail
in the execution of their office as they will answer the strongest
complaints I shall be able to make against them. I have
labour'd to convince the Members of the House of Representatives, that the House (and more especially taking upon them
as they have done to act separately from the Councill, contrary
to their Charter) have nothing to do with trees fit for masting
H.M. Royal Navy. That if the trees belong to H.M. while they
are standing, the property rests in H.M. tho' they should be
cut into logs. That to seize those logs for the use of the
Province would be so far from being a discouragement to the
cutting down mast trees, that it wd. rather give the Government
at home reason to suspect that persons were employ'd to cut
them down in order to have them afterwards converted to the
use of the Province. And indeed I am of opinion that the
drift of the House of Representatives in this affair is to persuade
the People that H.M. has no right to the woods in the Province
of Main. I mention this the rather because Mr. Cooke who is
at the head of all Committees to manage this matter has more
than once publicly declar'd it as his opinion. I sent your Lordships the 29 Sept. 1718 two affidavits to this purpose. I afterwards receiv'd your approbation for not allowing that gentleman
to sit any longer at the Councill Board. By the last paragraph
of the memoriall your Lordships may possibly explain the reason
why the House of Representatives in March last would not pass
the Riot Bill. It appears that some imaginary ill advisers are
to be given up to the resentments of the People. I can't tell
who they point at unless it be those, that have in any degree
asserted H.M. rights and prerogative. I must freely declare
that the King's Councill being annually chosen by the Genll.
Assembly are afraid in many cases to speak their minds, so
that I am often left to fight it out alone. I shall only observe
one thing more to your Lordships with relation to the behaviour
of the last House of Representatives, that they endeavour'd to
wrest H.M. Prerogative out of my hands by taking upon them
the appointment of a Publick fast, which is ye undoubted right
of the Crown and what has never been disputed since the Charter
was granted. The reason they give for it is contain'd in the 6th
page of the Printed Journall, and carries a great contempt for
H.M. authority, vizt. "That if the appointment of such days
has not the sanction of the whole General Court, persons are
not liable to be punish'd if they work or travell thereon." Upon
the whole then I must submit it to your Lordships whether the
management of the last House of Representatives has been
misrepresented to me, whether that House or the Memorialists
have acted with a calm, moderate, loyall, and peaceable
behaviour, without misunderstandings and animosities, and
with due regard to H.M. Instructions or Prerogative, or whether
I have deserved so rude, undutifull, and unpresidented a representation of my Speech to an Assembly which was dissolv'd;
whether I have been treated and supported according to the
dignity of my post. I hope your Lordships will rather think
I have deserv'd your protection and support by using my
best endeavours to maintain the character H.M. has been
pleas'd to conferr upon me, and to keep close to my Instructions
when it has been so prejudiciall to my own private interest.
And now, my Lords, I shall have done with the Memoriall, but
think it my duty to acquaint your Lordships that the present
house of Representatives without my knowledge or consent
adjourned themselves from Wednesday July 12 to Tuesday
July 18. Assoon as I heard it I sent the Sheriff to the severall
places, where the Members were retired to command them to
attend me in the Council Chamber where I spoke to them to
this purpose. Gent: I have affairs of great consequence to lay
before the Genl. Court, and therefore think it for H.M. and the
Countries service to adjourn you only till Friday next. The
Members upon their appearance told me they attended the Board
only as private persons, and not a house of Representatives.
Accordingly on Friday when I met the Councill I found only
33 of the House ready to act upon my adjournment. I must
here observe to your Lordships that no number less than 40
constitutes a house. I therefore adjourn'd the Generall Court
again from Friday July 14 to Wednesday July 19. If they don't
make use of the opportunity I have given them to acknowledge
their errors and to ask pardon (which I find was done in the same
case during Sir William Phipps's Government) I shall dissolve
this Generall Court. I have only this to add, that a great part
of House of Representatives are very ignorant, and are misled
into such proceedings not weighing the consequences that attend
them; and that it is the unanimous opinion of H.M. Council,
that this behaviour of the House of Representatives is directly
contrary to the Charter which vests in the Governors of this
Province the absolute power of adjourning, proroguing, and
dissolving all Generall Assemblys when he shall think fit.
Signed, Samuel Shute. Endorsed, Recd. 1st Sept., Read Nov.
7th, 1721. 10½ pp. Enclosed, |
|
579. i. Votes of the House of Representatives of the
Massachusetts Bay, June 22, 1721, referred to in
preceding. Same endorsement. Printed. 4 pp. |
|
579. ii. Governor Shute's Speech to the Assembly of the
Massachusetts Bay, March, 1721. Referred to in preceding. Same endorsement. Copy. 1¼ pp. [C.O. 5,
868. ff. 117—124v., 125v.—126v., 127v.] |
July 20.
Charles Town, South Carolina. |
580. Governor Nicholson to Mr. Popple. Refers to letters
to the Board etc. Continues: I hope in God when the Assembly
meets before they break up all affairs both ecclesiastical, civill
and millitary will be settled etc. I am dayly in hopes of receiving
their Lordps' commands etc. P.S. I have already agreed
with a gardner to gett me some flowers plants etc. and according
to your desire some shall be sent for your parradice at Hampstead. Signed, Fr. Nicholson. Endorsed, Recd. 16th Sept.
1721, Read 22nd June, 1722. 1¼ pp. [C.O. 5, 358. ff. 137,
138v.] |
July 20.
Whitehall. |
581. Council of Trade and Plantations to Mr. Nivine.
Some queries arising out of objections urged against the Act of
Antigua for establishing a Court of King's Bench etc., 1719.
[C.O. 153, 13. pp. 503, 504.] |
July 23.
St. James's. |
582. Order of King in Council. Approving draughts of
Commission and Instructions for Governor Phenney etc., Signed,
Edward Southwell. Endorsed, Recd. 4th, Read 8th Aug., 1721.
1 p. [C.O. 23, 1. No. 38; and 5, 191. p. 117a.] |
July 25.
St. James's. |
583. H.M. Commission to Governor Phenney. Countersigned, Carteret. [C.O. 5, 191. pp. 119–122.] |
July 26.
Whitehall. |
584. Council of Trade and Plantations to Lord Carteret.
Enclose copies of representation, July 1st, 1718, relating to the
Danes having taken possession of St. John. H.M. pleasure
not having been signifyed thereupon, enclose extract of letter
from General Hamilton, 19th May, 1721. Autograph signatures.
2 pp. Enclosed, |
|
584. i. Extract of letter from Governor Hamilton, 19th May,
1721. |
|
584. ii. Council of Trade and Plantations to Mr. Secretary
Craggs. v. C.S.P. 1st July, 1718. |
|
584. iii. Same to the King. v. C.S.P. 9th Aug., 1717. |
|
584. iv. Copy of Governor Hamilton's Instructions relating
to the Virgin Islands. [C.O. 314, 1. Nos. 4, 4, i.–iv.;
and (without enclosures) 153, 13. pp. 505, 506.] |
July 27.
Middle Temple. |
585. Henry Newman to the Council of Trade and Plantations. The occasion of my memorial relating to the powder
impost in New Hampshire (v. March 31st) was an Instruction I
received from a Committee of the Council and Assembly of
that Province 22nd July, 1720, "Whereas H.M. has lately
prohibited any imposition of impost or powder money on the
merchants ships here belonging to Great Britain etc. you are
to lay that matter before the proper Board in order to obtain
the Royal bounty herein." Describes his failure at the Board
of Ordnance etc. and Governor Shute's directions to him thereupon Dec. 12, 1720, to adopt some other measures, etc. Concludes: The last Powder Act received the Royal approbation
in Nov. 1706. I don't find that there has been any formal Act
of repeal, but there is reason to believe the execution of it
is suspended, if by a misconstruction of your Lordships' commands, prays them to explain it to that Government etc. Signed,
Henry Newman. Endorsed, Recd., Read 3rd Aug., 1721.
1 p. [C.O. 5, 868. ff. 63, 64v.] |
July 28.
Whitehall. |
586. Mr. Popple to John Marsh. The Council of Trade
and Plantations are ready to hear what you have to offer in
relation to an Act of Antegoa to indemnify Ant. Brown etc.
[C.O. 153, 13. p. 507.] |
July 28.
Whitehall. |
587. Same to Mr. West. Encloses, for his opinion thereupon, Acts passed at Antegoa, St. Christophers and Nevis,
1720, 1721. Requestsreports upon other Leeward Islands Acts
now in his hands, Col. Hart being upon his departure thither.
List of Acts annexed. [C.O. 153, 13. pp. 507–510.] |
July 28.
St. James's. |
588. Order of King in Council. Referring representations
of 17th inst., upon an Act of Barbados appointing security to be
given by appellees, to the Committee for hearing appeals etc.
Signed, Edward Southwell. Endorsed, Recd. 4th, Read 8th
Aug., 1721. 1 p. [C.O. 28, 17. ff. 176, 177v.] |
July 28.
St. James's. |
589. Order of King in Council. Referring Representation
of July 17th, concerning the Virginia passes, to Committee of
Council for their report. Signed, Edward Southwell. Endorsed,
Recd., Read 8th Aug., 1721. 1 p. [C.O. 5, 1319. No. 11.] |
July 28.
Whitehall. |
590. Council of Trade and Plantations to Lord Carteret.
Refer to Representation of 30th March, recommending removal
of Mr. Cox, President of Barbados, and that proceedings should
be taken against him. Continue: We have since that receiv'd
frequent complaints against him and some of a very high nature
relating to extraordinary and illegal innovations made by him
in the election of a new Assembly and of ye treatment of the
said Assembly when elected (copies enclosed). If the facts
contain'd in these papers should be veryfy'd, and Mr. Cox
should not be able to give a sufficient answer thereunto, they
will certainly demand ye severest sensure and punishment as
tending to the entire subversion of ye liberty and constitution
of that Island. Considering therefore ye great confusion
Barbados is now in, and that we have not receiv'd from Mr. Cox
any account of his proceedings since 4th Feb., tho' several
ships are come from thence since ye matters complain'd of were
transacted; we are humbly of opinion it is highly necessary for
H.M. service, and the peace and quiet of that Island, that the
Lord Belhaven appointed H.M. Governor there should forthwith
repair to his Government; and that immediately upon his
arrival, he should put the said Mr. Cox under arrest that he
may be sent over to Great Britain by the first ship that shall
come from thence to answer to those and such other complaints
as shall be made agt. him by the people of Barbados for his
evil administration. [C.O. 29, 14. pp. 135–137.] |
July 29.
Whitehall. |
591. Mr. Popple to John Ayscough. Upon Sir N. Lawes'
complaint of difficulty in procuring a quorum in Council of
Jamaica, enquires whether he designs to return, and when.
Similar letter to John Moore. [C.O. 138, 16. pp. 297, 298.] |
July 29.
St. James's. |
592. H.M. Warrant granting further leave of absence to
John Ayscough from the Council of Jamaica for a year. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 59.] |
July 31.
Whitehall. |
593. Mr. Popple to Mr. West. Encloses Acts of Jamaica,
1721 (i) to oblige the inhabitants to provide themselves with a
sufficient number of white people, etc., and (ii) for the relief of
persons who have suffered from piracies and robberies at sea or on
shore by any of H.M. subjects of this Island, for his opinion
thereon in point of law. [C.O. 138, 16. pp. 298, 299.] |
