America and West Indies: February 1723

Pages 206-221

Calendar of State Papers Colonial, America and West Indies: Volume 33, 1722-1723. Originally published by His Majesty's Stationery Office, London, 1934.

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February 1723

Feb. 1.
421. Order of Committee of Council. Upon occasion of an Act of Jamaica for vesting certain lands in trustees for the use of George Reid, refer to consideration of Council of Trade and Plantations whether a clause to prevent private Acts taking effect till they have received H.M. approbation, which has been only inserted in the Instructions of the Governors of Jamaica, Barbados, Leeward Islands and Bermuda, ought not to be sent to all other Governors etc. Set out, A.P.C.III. No. 40. Signed, Temple Stanyan. Endorsed, Recd. 7th, Read 13th March, 1722/3. 1 ½ pp. [C.O. 323, 8. No. 37].
[Feb. 5] 422. Mr. Yonge to the Council of Trade and Plantations. A view of the Trade of S. Carolina, with proposalls for improving the same. The produce has hitherto been beef, pork, pitch, tar, turpentine, rice, cedar, deerskins and some silk. They formerly made indigo and cotton, but the winter is too severe for these etc. The trade for beef and pork, which was to the West Indian Islands has been very much interrupted by the late Indian war, which destroyed the stocks of cattle and drove most of the inhabitants to the southward where the greatest stocks of cattle were, who yet dare not return for fear of the Yamasees etc. Returns of sugar, rum and molosses are now purchased with rice, pitch and tar. Describes growth of production of pitch and tar. The recent enactment by Parliament that after 29th Sept. 1724 only tar made from standing trees will be entitled to the bounty will lead to great destruction of timber and put an end to the industry, for no one knows the pitch or lightwood pine as it is growing etc. Rice, since it was made an enumerated commodity, has lost the Spanish and Portuguese markets, so that the export has dropped from 13623 barrels of 400 lb. each, valued at £44,654. 5s. 6d. less £23,390 5s. 10 ½d. for freight duties etc., in 1719, to 21,879 barrels in 1721, of which ?ths came to Great Britain and sold for 21s. p. cwt. in 1719 and 16s. in 1721. The export of pitch, tar and provisions being thus affected, there remains only silk, which might be brought to very great perfection there if persons that understand it were sent over and proper encouragement given etc. But even then, it must be a matter of years. Urges that the production of rice, pitch and tar and turpentine should be encouraged, by taking off the enumeration of the former, and the latter by continuing the bounty for 10 years; for the Swedish will soon be at its former price. Draws attention to the fitting out of vessels in Holland with cargoes for the Plantations owned by Hollanders or Englishmen residing there, which has been carried on for some years with great success. An Act of Parliament is needed to compel cargoes for the Plantations to be loaded in Great Britain etc. Signed Fra. Yonge. Endorsed, Recd. 5th Feb., Read 10th July 1723. 12 ¼pp. [C.O. 5, 358. ff. 272–278, 279.]
Feb. 6.
423. Mr. Newman to Mr. Popple. Encloses following: Mr. Penhallow, one of H.M. Council, being oblig'd by his private affairs to return to England, makes such an appointment the more necessary to be dispatch'd etc. Signed, Henry Newman. Endorsed, Recd. 6th, Read 8th Feb., 1722/3. 1p. Enclosed,
423. i. Extract of letter from Governor Shute to Henry Newman, 24th Dec., 1722. H.M. Council at New Hampshire is so thin by the absence of some and the neglect of others, that have not paid their fees at Home, that I am sometimes under difficulties in the Governmt. etc. Desires that Mr. John Frost of New Castle may be put in etc. ¾p. [C.O. 5, 868. ff. 336, 337, 339v.]
Feb. 7.
424. George Bampfeild to [?Mr. Popple]. Presses for report upon Act of New York for running a divisionary line between Connecticut and New York, which was transmitted to the Board in 1719 etc. Signed, Geo. Bampfeild. Endorsed, Recd. Jan. (?Feb.) 7th, Read Feb. 8th, 1722/3. ¾p. [C.O. 5, 1053. ff. 122, 122v.]
[Feb. 8.] 425. Memorial of Clerks of the Plantations to the Council of Trade and Plantations. Mr. West's Clerk has given copies of some of the Acts referred to Mr. West. Memorialists have hardly any other gratuities but for copies of Acts. Pray that Mr. West may be directed not to allow copies of Acts in his hands to be given to any person, but that application be made to their Lordships for copies. Endorsed, Recd. Read Feb. 8, 1722/3. 1p. [C.O. 388, 78. ff. 47, 48v.]
Feb. 8.
426. A. Popple to Mr. West. There having been a complaint made to my Lords Commissioners, that your Clark has given copies of some Acts of the Plantations which have been sent to you, they desire and expect, you will give directions to your Clark, not to let any person whatsoever have copies of any Act or other papers which shall be referr'd to you. [C.O. 389, 87. pp. 224, 225.]
Feb. 9. 427. Mr. Yonge to Mr. Popple. Encloses following, transmitted by Governor Nicholson. Endorsed, Recd. 11th Feb., Read 10th July, 1723. ½p. Enclosed,
427. i. Deposition of Capt. Francis Goddard, 26th Oct., 1722, as to his being forced to go to Rhett's Point contrary to the Quarantine Act etc. Signed, F. Goddard. Endorsed, Recd. 11th Feb., 1723. Copy. Attested by, John Wallis. 1 p.
427. ii. List of trials at the October Assizes at Charles Town, 1722. 13 cases. Endorsed as preceding. Copy. 1 folded p.
427. iii. Proceedings against Wm. Rhett, Charles Town, 17th Oct.–2nd Nov., 1722, for uttering scandalous words against the Governor. (v. 14th Feb.) Same endorsement. Copy. 6 ½pp.
427. iv. Declaration by John Wallis, shewing by quotations that it has been the practice in S. Carolina as in New York in entering proceedings to say "The Court gave out a bill of indictment to the Grand Jury", and he did not so enter with intent to make the Court a party in the indictment against Col. Rhett, etc. Signed, John Wallis. ¾p.
427. v. Proceedings at the General Sessions at Charles Town against Adam Stewart, Mariner, for assaulting Francis Goddard, Commander of Johnson's Fort, 17th Oct.–3rd Nov., 1722. Stewart was fined £10. Endorsed, Recd. 11th Feb. 1722/3. Copy. 3 ¾pp.
427. vi. Report by Benjamin Whitaker, Attorney General of S. Carolina upon the case of William Rhett, and the reasons argued by him then. Charles City. 21st. Nov., 1722. Signed, Robert How, in behalf of Benja. Whitaker. Endorsed as preceding. Copy. 2 pp.
427. vii. Proceedings against Timothy Bellamy, Hatmaker, Charles Town, 14th Aug. and 17th Oct. 1722, for assaulting Robert Hume, Attorney. Damages awarded. Same endorsement. Copy. 3 ¾pp.
427. viii. Petition of Don Antonio Rexidor to the Governor and Council of S. Carolina. Inhabitant of St. Augustin, but now in S. Carolina. Petitions that 3 slaves carried away from his plantation by the Uchisa Nation in 1720 may be restored to him. March 19, 1721. Signed. Antonio Rexidor. Same endorsement. Copy. Certified by, Char. Hart, Secry. 1 p.
427. ix.–xi. Minutes of Council of S. Carolina, Nov. 9th 1721, Jan 18th, and April 10th, 19th and 26th, 1722, relating to Benjamin de la Conseillere, H.M. Receiver General, and the claims of Mr. Rhett, Receiver General of the Lords Proprietors, with copies of Mr. Conseillere's
Commission, Jan. 21., and the Treasurer's oath. The whole endorsed, Recd. 11th Feb., 1722/3. Copies. Certified by Char. Hart, Secry. 5 pp.
427. xii. Bond of £2,000, entered into by Benjamin de la Conseillere and Ralph Izard, for the former's proper discharge of his duty etc. 18th Jan., 1721. Same endorsement etc. Copy. 1 p.
427. xiii. List of vessels taken by the Spaniards etc. Duplicate of C.S.P. Dec. 5, 1722. Same endorsement. 1 p.
427. xiv. List of negroes etc. taken to St. Augustine. Duplicate of C.S.P. Dec. 5, 1722. Same endorsement. 1 p.
427. xv. (a) Commission, bond and oath of Capt. Daniel Green as Naval Officer, S. Carolina, in the absence of Wm. Hammerton. 30th Nov. 1722. Signed, Fr. Nicholson.
(b) Bond and oath taken by Capt. Green, Naval Officer. Same endorsement. Copy. 2 ¾ p.
427. xvi. List of officers, civil and military, who have taken the State oaths, with copy of same. May 31–Oct. 17, 1721. Same endorsement. Copy. 5 pp.
427. xvii. Duplicate of No. ii.
427. xviii. List of trials at March Assize, Charles Town, 1722. 5 cases. Endorsed, Recd., Read 10th July, 1723. Copy. Attested by, Lawrence Couliette, Cl. 1 p.
427. xix. Petition of William Rhett to the Governor and Council of S. Carolina. 19th April, 1722. Upon 10th April, petitioner putting in a claim before your Honours to the fines and forfeitures of criminals on behalf of the Lords Proprietors, he was ordered to secure such as properly belonged to them. Prays that Mr. De la Conseillere may be ordered to pay over what he has received since he was appointed (v. No. viii.) Signed, Wm. Rhett. Upon reading above, April 19th, it was ordered in Council that petitioner produce his power from the Lords Proprietors tomorrow morning. Copy. 1 large p.
427. xx. William Rhett to the Governor and Council of S. Carolina, April 10, 1722. By an instrument bearing date Jan., 1710, claims to be empowered to receive as in preceding, the Lords Proprietors being entitled to the same until judgment is given against them for the King on the forfeiture of their Charters. Signed, Wm. Rhett, Recr. General. Endorsed, Recd. 11th Feb. 1722/3. Copy. 1 large p.
427. xxi. Governor Nicholson to Senr. Don Francisco Menandes Marques. Replies to letter of Governor of St. Augustine (v. following). I would willingly have treated with you on the several heads you desire had I recd. the like powers from my Master as Don Antonio informs me he hath from his etc. But that everything may be put in the clearest light to be sent home for H.M. Orders thereupon, remarks that, whilst in the second article of his credentials (v. No. xxii) it is said that all ships belonging to H.M. coming to St. Augustine will be made prizes, in his Memorial (No. xxiv) he desires liberty to come and buy provisions. Expresses surprise at this desire, which appears to be without authority and so contrary to the usage proposed to the ships of Great Britain. "Neither is it in my power to grant you the priviledge you deny to the King my Master's subjects, especially as it is contrary to the treatys of Commerce between the two Crowns, but should be glad if their Majesties should grant a reciprocall and free trade between their subjects of both Governments." The third Article seems to sett forth that the encouragement of privateers affects the Indians on the mainland, which, "as I do not understand, I desire you to explain, but presume you do not mean to debarr the King my Master from setting out privateers in time of warr. I have received complaints of your privateers taking several ship after the suspention of arms etc., and am sorry to find you have not Instructions to make restitution, which I now demand according to the acct. here given you. Two of the three negroes demanded in the 4th Article, I am informed did belong to Mr. Smiley an inhabitant of this Province, taken from him by the Yamasee Indians and retaken by our Indians and sold to Smiley. As to the third, I cannot find he was brought as is said. This Instruction does not correspond with the second Article of your Memorial, which is a general demand of all the Spaniards as well slaves as free, none of which I can learn are in this province, there were two people brought hither by the Indians one of which said he was a Portuguese, and took his passage for Europe, the other a Spaniard was att our own cost sent to St. Augustine in the sloop Bonetta as we have always taken punctuall care to do. As to your particular demand of Felis de Anguillar, wee cannot know him by name it being now as you sett forth 14 years since if any such person was brought here by the Indians no doubt he was sent home as all such persons here. The sister of the wife of Torres, you are directed to demand in the sixth article of your credentials, she is married to one of the King my Master's subjects here and is at liberty to go back with you to St. Augustine if she pleases etc. I expect the same liberty be allowed to H.M. subjects in St. Augustine, where are several who would return to this Governmt. but are not permitted. The 7th Article is to settle a cartel for the exchange of prisoners which I think at present is needless, our Master having thought fitt we should be at peace etc. The 8th Article (is) that orders be given to Commanders of troops that go with the Indians, that they do not use their prisoners ill. We have always endeavoured to prevent such usage from the Indians and dare say there never was any crueltys used by them when any of H.M. subjects were present. Enquires what Nations of the Indians he looks upon as belonging to his Catholick Majesty and which to his Britannick Majesty, and who and when any of H.M. subjects have stirred up any of them to disturb their Government, that they may have the desired orders not to injure either Government during the Peace etc. Continues:—As to their barbaritys toward one another, 'tis what wee see with horror, but what I cann ot preven t, nor as they are free people can I be accountable for any of their actions, and therefore desire you will explain what you mean by taking revenge and satisfaction for any ill-treatment you may receive from them as you say you have orders from his Catholick Majesty to do etc. We have always taken care that those infidels should not use our fellow Christians barberously, and to that end gave them a reward of £5 dureing the warr for every one they brought alive, which saved the lives of many etc., but I have been informed those infidells have been promised by the Governmt. of St. Augustine the like summ for our scalps. I should be glad that effectual care could be taken to prevent slaves, servants and soldiers from deserting their respective masters and am ready to deliver any such slaves that may be in this country, on haveing those delivered that have been taken or run away from hence, a list of which I herewith deliver to you. I do depend you will not presume to carry any person from this Governmt. more then such as came with you, wch if you do I shall acct. it as a very great crime etc. I am very much surprized at your demand why the King my Master has made a new settlement near the Island of St. Catherine's, and the more so because I do not find you have any authority from your Principall so to do etc. The King my Master has ordered the building of fort there, for the better securing those H.M. dominions, and the same is garrisoned by his own troops, and shall be maintained as long as H.M. shall think it for his service etc. I cannot butt observe to you the manner of your comeing into this H.M. Guarison, thro' the heart of our settlements, and without any pass from me or previous notice, especially when you tell me you have not been informed of a peace, and with near 30 men armed and your vessells so too etc. I expect in the future you will come in proper vessells by sea, and let us know of your arrivall that you may have an admittance from us, if wee think it proper, and that with a fewer number of men etc. Requests prompt reply. Signed, in Council, 9th March, 1721(2), Fr. Nicholson, Arthur Middleton, Ja. Moore, Speaker. Copy. Endorsed, Recd. 11th Feb., 1722/3. Copy. 7 ¼ pp.
427. xxii. Report of Committee of both Houses of Assembly of S. Carolina. Suggestions for reply, as preceding, to No. xxiv. Copy. 3 2/3 pp.
427. xxiii. Instructions of Don Francisco Menendes Marques, Capt. of the Horse and Receiver of the Royal Treasury, referred to in No. xxi. St. Augustine de la Florida, 11th Feb., 1722. Signed, Dn. Antonio Benavides. 2 pp.
427. xxiv. Governor of St. Augustine to Governor Nicholson Feb 11, 1722. Sends Don Francisco Menendes Marques to negotiate an agreement in relation to the hostilities of the Indians on either side, in accordance with orders from the King of Spain etc. v. No. xxi. Signed, Don Antonio d'Benavides. Copy. 1 p.
427. xxv. Governor Nicholson to Don Francisco Menendes Marques. Charles Town, 13th March, 1721(2). Gives him letter for Governor of St Augustine (xxix), and passport, announcing that he is asking for H.M. orders upon above proceedings. Asks that some soldiers who deserted from Port Royal may be secured and returned. Signed, Fr. Nicholson. Copy. 1 ¼ pp.
427. xxvi. Don Francisco Menendes Marques to the Governor and Council of S. Carolina. 10th March, 1722, In reply to No. xxi, takes leave and asks for copy of H.M. Order concerning the fort that is building over against St Catherines. Signed, Dn. Francisco Menedes Marques. Copy. ¾ p.
427. xxvii. Memorial of Don Francisco Menendes Marques to Governor Nicholson. 13th March, 1722. Presents articles of his Instructions etc. v. Nos. xxi, xxiii. Signed as preceding. Copy. 2 pp.
427. xxviii. Passport for Don Francisco Menendes Marques Signed, F. N. Copy. 1 p.
427. xxix. Governor Nicholson to the Governor of St. Augustine. Charles Town, March 13th, 1721 (2). Refers to reply, No. xxi, and demands satisfaction for ships and slaves of which he sends lists. As Don Francisco had no Instructions to demand a copy of H.M. Order (No. xxvi.), he has not given him one, but assures H.E. that he has such orders etc. Hopes that on future occasions such a mission may be sent as suggested in No. xxi. Signed, F. N. Copy. 1 ½ pp. [C.O. 5, 358. ff. 285, 286v., 287v.–290, 291, 292, 293, 294, 295, 296–298, 300, 301, 302, 303–306, 307, 308, 309–314v., 315v.–322, 323–324, 325–331, 332v.,–334, 335–336, 337–339 v.]
Feb. 12.
428. A. Popple to Jacob Satur. Encloses extract of Act of St. Christopher for raising gunpowder etc. The Council of Trade and Plantations desire to speak with you thereupon next week and that you will bring with you some other merchants that trade to that Island etc. [C.O. 153, 14. p. 104].
Feb. 12
429. Lord Carteret to the Council of Trade and Plantations. In reply to 11th Dec., encloses copy of H.M. Orders (No. i), sent to all the Governors in the West Indies, on the 14th Sept., 1721; also extract of letter from Governor Burnett, for their report. Signed, Carteret. Endorsed, Recd. 12th, Read 14th Feb. 1722/3. 1 p. Enclosed,
429. i. Copy of H.M. Orders to Governors for the restitution of Spanish effects etc. Kensington. 14th Sept. 1721. Countersigned, Carteret. Same endorsement. 4 ½ pp.
429. ii. Governor Burnet to Lord Carteret. New York, 12th Dec., 1722. It is confidently reported, that silver and even gold mines are to be found in New Jersey. But there must be a great allowance made for the humour that now prevails to run a mine hunting, and as I have yet nothing but very suspicious accounts of such discoveries of Royal Mines, I cannot pretend to give any opinion yet about the truth of them. But I am inform'd that several persons have positively declared, that if they could be certain in whom the title lay, and that they should have a reasonable share of them, they would make the discovery and never otherwise. Quotes grant of K. Charles II to Duke of York, including "all lands, mines, minerals, quarries" etc., under which the present Proprietors claim. Continues: There are in the Records of the Proprietors a great many patents to be found, by which the first Govers. and some of the succeeding Govrs. of the Proprietors have, together with the lands, granted all silver and gold mines, reserving sometimes one, sometimes another certain share of them to the Proprietors. And as the former Proprietors thought themselves intitled to the silver and gold mines, so do the present Proprietors, notwithstanding that these mines were not particularly named in the grant from K. Charles, because (i) the words "all mines" etc. must be understood to give gold and silver mines, for the same King in his grant of Pensylvania and other of the neighbouring Provinces granted all gold and silver mines, reserving one fifth. But it must be supposed that he intended to grant them entirely to his brother without any reserve of any share, else he favoured strangers to his blood more than his brother, the contrary of which is well known. (ii) Because say they, the Province of New Jersey at the time of that grant was almost entirely in the peaceable possession of the Indians, independant of the Crown of England, or any other whatsoever, and these Indians alone were intitled to the lands etc. and silver and gold mines in them, and by the Laws of all Nations the K. of Great Britain could not claim or grant any thing in or of New Jersey, but the liberty to treat with the owners thereof, wch. must at least be intended to be fully given by that grant of the Duke of York etc. And after the purchase of all the lands of the Indians, the purchasers became vested with all that the Indians had to sell, in which the gold and silver mines were included etc. But the generality of people are so uncertain whether this claim of the Proprietors is well grounded, and the opinion of lawyers here so various, that the discoverers of mines dont know how to secure themselves of a certain share, and till it shall be known what claim the Crown may have, or how far the Proprietors are invested with the right to those royal mines, the whole matter is likely to stand still etc. Suggests that the question be solved by H.M. Counsel learned in the law, and that he be given Instructions accordingly. Endorsed, Recd 12th, Read 14th Feb., 1722/3. Copy. 5 pp. [C.O. 323, 8. Nos. 36, 36.i. (covering letter and encl. i only); and (encl. ii. only) 5, 972. ff. 63–65, 66v., 67v.]
Feb. 13.
430. Lord Carteret to Governor Sir W. Keith. I have received your letter of 9th Nov., in which you apprehend complaints will shortly be made against you. Nothing of that nature has yet come to my hands etc. In such a case you may depend upon having time given you to put in your answers, and to justify yourself. Signed, Carteret. [C.O. 324, 34. p. 220].
Feb. 14.
431. Lord Carteret to the Council of Trade and Plantations. Encloses following for their report. Signed, Carteret. Endorsed, Recd. 18th, Read 21st Feb., 1722/3. 1 p. Enclosed,
431. i. Petition of William Rhett, Depty. Surveyor General of H.M. Customs in South America, by John Lynch his attorney in England, to the King. Petitioner has faithfully discharged his duties for many years, and was also a chief Commander in the taking of a great number of pirates in America. He was about to proceed to the Island of Providence, having been informed of many abuses committed there to the prejudice of H.M. Customs when he received a letter from the Commissioners of Customs, directing him to state the accounts of some persons who had been long indebted to H.M., and also the account of the fines and forfeitures of five vessels which were condemn'd in Carolina. Petitioner was proceeding in his said affairs with the utmost expedition; but before he had enter'd thereon he applied to Governor Nicholson to deliver him a letter, which in no sort related to petitioner, but was from a Gentleman in an Office under one of H.M. principal Secretarys of State; and upon his delivering the letter to the Governor, he was pleas'd to charge petitioner in a most violent and indecent manner, with his hands bent as if he wou'd strike petitioner down, and with names opprobrious suitable to such passions, and insinuated petitioner had been guilty of defrauding H.M. Customs for two hhds. of tobacco, pretended to be consigned to him, tho' in truth consign'd to his son and had duly paid duties, as by the entries appeared. Petitioner informed the Governor of that fact, and added, that if that was a crime in him, the Governor had given him an example, having had tobacco consign'd to him, which he cou'd prove by the certificate and entries etc. The Governor ordered him and his securities to enter into recognizance for £1500 to appear at the next Sessions, ten days after, upon an indictment for the aforesaid words pretended to be scandalous against him etc. The Governor was present in Court, and influenced the Jury with presents of considerable value, which he pretended he had received from persons of distinction in England. Upon the bill being found by the Grand Jury, petitioner's Counsel moved for the usual time to traverse the indictment, which was refused and the tryal instantly hurryed on, though in fact no issue joined, and the evidence was given of words spoken, never thought of by petitioner, yet the damage was found by the Jury, amounting to £400. Petitioner's Counsel moved in arrest of judgment that the issue was not joined before tryal etc.; but the Judges being influenced by the Governor got over that and other reasons by ordering an amendment upon the record, and petitioner was immediately ordered to pay, which he not submitting to (having intimation that the Governor intended to set up several other prosecutions against him) was committed to prison where he now lies, by which his health and fortune and H.M. Revenue have received great prejudice etc. Petitioner is confined in a room close and nauseous and not above 10ft. square, and the Governor has declared that if any officers visit him they shall lose their employments and has forbid the Justices to take any affidavits on his behalf etc. Prays for order for his release, remission of fine and grant of commission to take depositions etc. Same endorsement. 3 pp.
431. ii. Mr. Yonge to Lord Carteret. London, Feb. 1., 1723. Submits complaints against W. Rhett on behalf of the Governor Council and Assembly of S. Carolina. (i) Contrary to statute, Rhett is the owner of several vessels and wharfs, and unless masters of ships go to his wharf, he refuses them going up the rivers to load on pretence he has orders not to permit any vessels load anywhere than at Charles Town, which he does nevertheless permit to such as load or unload at his wharfs etc. (ii) In 1720, (while H.M. was at war with Spain) he sent the sloop Bonetta to St. Augustine on pretence of fetching prisoners, which was loaded with provisions and goods, which were sold to the Spaniards by his order, as also four great gunns and shot for them, several chests of small arms and other warlike stores, and which returned with cotton, sugar etc. taken out of British ships, just then made prize by the Spaniards. By a sloop called the Betty he made the Spaniards an offer of a vessel then just arrived from Antegoa, which he said was a prime saylor and had eight good gunns, but would handsomely carry ten etc. Privateers from that port subsequently made prize of several British vessels etc. (iii) In 1721 Rhett imported tobacco at Charles Town, without certificate, in his schooner the Mary, which was sold by Sarah his wife there. (iv) Employed as a factor by Thomas Walker, of Providence I., Agent for the Bahama Company, in Oct. 1721, he granted a bill of store to the Recovery sloop to take on board a parcel of enumerated goods, after the said sloop was cleared out, and unknown to any other of the Custom House Officers, which goods being as he thought too great a quantity for the use of so small a vessel, he put into the bill of store these words "for the use of the said sloop and the ship Delicia," the Delicia then being at Providence. William Hammond, Naval Officer, seized the sloop, which was condemned in a Court of Admiralty, for which proceedings Rhett has procured an order for putting him out of his employment (v) Governor Nicholson desiring him to answer to the many illegal practices of which he was informed, Rhett writt him that the Governor had nothing to do with the Customs or their officers, in spite of H.E.'s Instructions etc. Signed, Fran. Yonge. Same endorsement. 3 ¾ pp.
431. iii. Examination in Council and deposition of James Banbury, master of the sloop Boneta referred to in preceding. Charles Town, March, 1721. 4 pp.
431. iv. Examination in Council and deposition of Joseph Palmer, master of the sloop Betty referred to in No. ii. Charles Town, 6th April, 1722. 3pp.
431. v. Examination in Council and deposition of George Hisket as to his buying a hogshead of tobacco from Sarah Rhett, April 12th, 1722. 1pp.
431. vi. Examination in Council and deposition of Richard Wigg, Searcher, as to his having observed the tobacco referred to Nos. ii and v. 12th April, 1722. 1 p.
431. vii. Examination in Council and deposition of Capt. Anthony Mathews, confirming No. iv. 7th and 10th April, 1722. 1 p.
431. viii. Examination in Council and depositions of Joseph Palmer, master of the Schooner Mary, confirming No. ii. 30th March, 1721, and 5th June, 1722. 2 ¼ pp. and 3 ½ pp.
431. ix. Examination in Council and deposition of Hill Crofts as to purchase of tobacco from Mrs. Rhett. 12th April, 1722. 1p.
431. x. Mrs. Rhett's receipt for £27. 7. 6. from Mr. Hill Crofts. July, 1721. ¼ p.
431. xi. Trial and condemnation of the sloop Recovery 30th Oct. 1721 and 1st Nov. 1721. Mr. Rhett's permit for same held to be unwarrantable. (v. No. ii.) 10 pp.
431. xii. Thomas Walker to Wm. Rhett. New Providence, 4th and 9th Dec. 1721, relating to the sloop Recovery. 2 pp.
431. xiii. Certificate by Mr. Johnson as to proceedings of Council and Assembly, vindicating him against the reflections in Mr. Rhett's letter to Col. Lynch in London. Signed Robt. Johnson. Copy. 1 ¼ pp.
431. xiv. Correspondence of Wm. Rhett, Governor Woodes Rogers, and Governor Johnson relating to Mr. Rhett's letters (No. xii) July 29th and Aug. 13th, 1718, which was preserved by Capt. John King of the Neptune when captured by pirates, upon which Governor Woodes Rogers, writing to Governor Johnson says Jan. 28, 1719, "their is no terms can be kept wth. so vile a man that writes me very obliging letters and treats me so despicably in his letters to England" etc. With certificate by John King 8th Nov., 1722. Copies. 4 ½ pp.
431. xv. [?Governor Johnson to the Lords Proprietors of Carolina] Nov. 19, 1720. Complaints against Mr. Rhett etc. 2 ¼ pp. [C.O. 5, 358. ff. 202, 203v., 206—209v., 211v.–214a, 214b, 215–217. 218–219v., 220v., 221, 222–225v., 227–232, 234–235, 236v.]
Feb. 14.
432. Mr. Popple to Mr. Attorney and Mr. Solicitor General. Encloses extract of letter from Governor Burnet, 12th Dec. 1722, in relation to gold and silver mines said to be found in New Jersey etc. Continues:—My Lords Commrs. desire your opinion in point of law as soon as may be what right and title is remaining to H.M. in the said mines, and how far the present Proprietors have the right in the said mines according to their sevl. grants. [C.O. 5, 996. pp. 119,120].
Feb. 14.
433. Same to Mr. Attorney General. Again presses for reply to 14th June, 1722. [C.O. 5, 996. p. 120].
Feb. 14. 434. Anthony Sanderson to the Council of Trade and Plantations. Memorialist having receiv'd directions to appear in behalf of the Assembly of the Massachusetts Bay and several papers to justify their conduct in general, prays that in case any complaints should be exhibited against them, he may be heard before any determinations shall be made theron. Endorsed, Recd. Read 14th Feb., 1722/3. 1 p. [C.O. 5, 868. ff. 340, 341v.]
[Feb. 15.] 435. (a) Grant of the Narragansett Country to Rhode Island and Providence Plantations etc., 17th March, 1643. Endorsed, Copied from the original grant produced at the hearing, 15th Feb., 1722/3. 5 ¾ pp. [C.O. 5, 1266. ff. 87–90v.]
[Feb. 15.] 436. (b) Copy of award by arbitrators relating to the boundaries of Connecticut and Rhode Island, 7th April, 1663. Endorsed, Read 15th Feb., 1722/3. 4 ¾pp. [C.O. 5, 1266. ff. 91–94v.]
[Feb. 15.] 437. (c) Copy of letter from K. Charles II to the Government of Rhode Island relating to his appointment of Commissioners to settle the boundaries etc. 23rd April, 1664. Endorsed as No. (a) supra. 2 ¾ pp. [C.O. 5, 1266. ff. 95–96v.]
[Feb. 15.] 438. (d) Copy of return by Commissioners for settling the boundaries of Rhode Island and Connecticut, 4th April, 1665. Endorsed, Recd. 15th. Feb., 1722/3. 3 pp. [C.O. 5, 1266. ff. 97–98v.]
[Feb. 15.] 439. (e) Copy of letter from K. Charles II to the Governor and Council of Rhode Island, 10th April, 1666, approving their conduct with respect to the boundary Commissioners. Endorsed as No. (a) 1 ¾ pp. [C.O. 5, 1266. ff. 99, 99v., 100v.]
[Feb. 15.] 440. (f) Copy of award of the boundary Commissioners, 20th May, 1703. Endorsed, Recd., Read 15th Feb., 1722/3. 3 ½ pp. [C.O. 5, 1266. ff. 101–102v.]
[Feb. 15.] 441. (g) Copies of depositions by Thomas Nichols, John Spencer, John Rice, John Lewis, Peter Crandal, Arthur Fenner and William Hopkins, relating to the above boundaries. Endorsed as preceding. 8 pp. [C.O. 5, 1266. ff. 103–107v.]
[Feb. 15.] 442. (h) Copy of Act of Rhode Island (1702) and Commission granted for settlement of boundaries, and award thereupon, 1703. Same endorsement. 8 pp. [C.O. 5, 1266. ff. 108–112v.]
[Feb. 15.] 443. (i) Copy of letter from the Governor and Council of Connecticut to the Council of Trade. July 15, 1680. Same endorsement. 3 ½ pp. [C.O. 5, 1266. ff. 113–114v.]
Feb. 21.
444. Lt. Governor Hope to the Council of Trade and Plantations. The cause of Edward Jones v Benjamin Bennet, ordered a rehearsing by H.M. Order in Council 8th Jan., 1719, was determined some days agoe, here in Chancery etc., and the unanimous decree of the Court was given in favour of the defendant. A copy of the whole process was allow'd Mr. Mr. Jones under the seal of these Islands, as likewise an appeal to H.M. in Council as by H.M. Order directed. There is now no other cause depending in that Court of any consequence. I have lately publish'd the 89th Article of my Instructions, and the 5th and 6th Articles of the Treaty of Peace and Neutrality with the French in America prohibiting all illegal commerce betwixt the subjects of the different Plantations. My Lords, I don't find that ever this was publish'd here before; nor has the Collector of the Customs any directions concerning that illegal trade. Prays for more particular directions. Continues:—There are four pyrates here now in prison which a sloop belonging to this place brought in here six days ago; He took them on board from an Island call'd Camanos, and five more of them which he put ashore on Jamaica. I cannot as yet tell your Lordsps. whither it will be proper to bring them to a tryal or not; they pretend all to have been fore'd and I don't believe we can get evidence to disprove it etc. There is such a correspondence betwixt the pyrates and those people that go from hence (as well as from the other Plantations) to those Islands where they pretend to rake salt, that except there be some effectual remedy fall'n upon to break off that intercourse these parts will always swarm with those vermin. There is no Law now in force, but one way or other these people will evade with an adroitness that is surprising: I am sorry to say it, but I believe that raking of salt as we call it here, is the best trade we have. Encloses duplicate of last letter. Signed, John Hope. Endorsed, Recd. 8th April, Read 25th June, 1723. 2 ½ pp. [C.O. 37, 10. No. 38; and (abstract, with notes for reply) 37, 24. p. 13.]
[Feb. 21.] 445. Anonymous proposal to the Council of Trade and Plantations, for settling foreign Protestants in Virginia to produce hemp, flax, silk and potash. Grants to be made for transport etc. Endorsed, Recd. 21st Feb. 1722/3, Read 18th Augt., 1724. 2 ¼ pp. [C.O. 5, 1319. ff. 188–189v.]
Feb. 25.
St. James's.
446. H.M. Warrant appointing James Smith to the Council of New Jersey. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 221.]
Feb. 26.
St. James's.
447. Order of King in Council. Approving appointment of George Burrington as Deputy Governor of N. Carolina in the room of Charles Eden decd., provided he qualifies himself as the Law directs. The Council of Trade and Plantations are to take care that good security is given for his observing the Acts of Trade and Navigation. Signed, Temple Stanyan. Endorsed, Recd. 5th., Read 13th March, 1722/3. 2 pp. [C.O. 5, 1266. ff. 115, 115v., 116v.]
Feb. 26.
St. James's.
448. Order of King in Council. Confirming Act of Jamaica for vesting certain lands in trustees for George Reid etc. Signed, Edward Southwell. Endorsed, Recd. 6th, Read 30th May, 1723. 1 ½ pp. [C.O. 137, 14. ff. 198, 198v., 199v.]
Feb. 28. 449. John Ludbey to A. Popple. I have viewed ye Office and find ye front next ye Earl Stanhope's garden and ye wall may doe to be rais'd but ye front next ye back yard to be entirely rotten and not to be supported ye partitions which carry ye weight of ye roof are only carried by ye floor and nothing under them to take of ye perpendicular baring and ye floor only supported by a single post ye chimney in ye Lords' room are split below stairs and will not bear any more weight and think it will be much better to be new built then to put their Lordships to any unnecessary charge. Signed, John Ludbey. Endorsed, Recd. 1st, Read 5th March, 1722/3. 1 p. [C.O. 388, 78. ff. 49, 50v.]
Feb. 28.
St. James's.
450. H.M. Warrant for admitting James Alexander to the Council of New Jersey. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 234.]
Feb. 28.
St. James's.
451. H.M. Warrant granting leave of absence for one year to Major General Charles Sibourg, Lt. Governor of Nevis. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 242.]