America and West Indies: July 1724, 26-31

Pages 185-192

Calendar of State Papers Colonial, America and West Indies: Volume 34, 1724-1725. Originally published by His Majesty's Stationery Office, London, 1936.

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July 1724, 26-31

July 26.
293. Governor Nicholson to the Council of Trade and Plantations. Refers to letter of 18th June and enclosed list of gentlemen fitt to serve in H.M. Council etc. Continues: I most humbly beg your Lordps. pardon for not transmitting such an accot. before butt I have found the people so variable that I durst not presume to send to your Lordps. the names of any Gent. before. I have not yett gott all the journals of our late Assembly but I hope to send them by the Honble. Capt. William Martin Commandr. of H.M.S. Blandford and that he will sail in ten days etc. Refers to enclosures etc., "by which yor. Lordps. may please to see the state of our trade. I think the last tarr for Great Brittain is now shipped because the bounty expires ye 29th of Sept. next but we are uncertain when that upon pitch expires whether next January or next Janry. come twelve months. I thank God the country's now very healthy and we have had of late rains and very seasonable weather so that we have a good prospect of our crops both rice and Indian corn. We are dayly in hopes of a ship from London by which I hope we shall have good news from Great Brittain in all respects and that I shall have the honour to receive yor. Lordps.' commands" etc. Signed, Fr. Nicholson. Endorsed, Recd. 8th Sept., Read 29th Oct., 1724. 1 3/4 pp. Enclosed,
293. i. Address of Council of S. Carolina to Governor Nicholson. At close of Assembly, return thanks for his constant zeal for H.M. service and the interest of his Province. Pray that his Government may be long and prosperous etc. 13th June, 1724. Copy. 1 p.
293. ii. Speech of Governor Nicholson to the Council. June 17th, 1724. Returns thanks for their Address and thanks them for the extraordinary zeal they have always shown "for the promoting of those two inseperables H.M. interest and service and this H.M. Province and for maintaining H.M. royal and just Prerogative" etc. Signed, Fr. Nicholson. Copy. 1 p. Nos. i and ii endorsed as covering letter
293. iii. Minute of Council of S. Carolina, 25th June, 1724. H. E. having recommended the Council to make a list of twelve gentlemen proper to supply vacancies, resolved that the following are proper;—Joseph Blake, Thorns. Broughton, Charles Hill, George Chicken, Joseph Wragg, Willm. Cattel, John Fenwick, Thomas Waring, Richd. Woodward, Peter St. Julian, John Hutchinson, Edmd. Bellinger. Same endorsement. Copy. 1/2 p.
293. iv. (a) Governor Nicholson to Arthur Middleton, Ralph Izard, Benja. Schenkingh, three members of Council, 17th July, 1724. Suggests that they prepare the draught of a report upon the state and trade of the Province, before they meet in Council. (b) They reply, 21st July, that the merchants can do this best and ask the Governor to have such a draught prepared etc. Continue: We entirely agree with your Excellency that if some means cannot be found to hinder vessells from New York trading with the French at Movile it will be of fatal consequence to this Province etc. Signed, Ar. Midleton. 1 p.
293. v. Mr. Hart, Secretary of S. Carolina, to Governor Nicholson, 21st July, 1724. Delivers preceding letters etc. Signed, Cha. Hart. Copy. 1 p.
293. vi. Naval Officer's List of ships now in harbour bound for Great Brittain. 12 vessels of 160 to 40 tons. Signed, Wm. Hammer ton. Endorsed as covering letter. 1 p. [C.O. 5, 359. ff. 203, 203v, 204v–205v, 206v, 207, 208v–210, 212v–213v; and (abstract of covering letter) 5, 406. p. 19.]
July 29.
294. Bryan Wheelock to Mr. West. Encloses Act of New York, 1719, for settling the estate of Thomas Lewis, late of the City of New York, deceased, for his opinion thereupon. [C.O. 5, 1124. p. 354.]
July 29. 295. Governor Worsley's precept to the Provost Marshal to convey Robert Elston, Commander of the St. Christopher galley, and Benjamin Bush, surgeon, on board the Monserrat Merchant for England, they being in custody under a warrant by the Judge of the Vice-Admiralty Court. Copy. 1 1/4 pp. [C.O. 28, 39. No. 16.]
July 29.
296. Council of Trade and Plantations to the King. Enclose following. Annexed,
296. i. Draught of Additional Instruction to Governor the Duke of Portland for passing an Act to continue for one year from 1st Oct. next the Revenue Act of Jamaica of 1703, and the several laws of that Island depending thereupon. Cf. July 15th and 23rd. With emendations by the Lords of the Council. Signed, G. R. 30th July, 1724. [C.O. 138, 16. pp. 485–490.]
July 30.
297. Order in Council. Approving preceding. Signed, Edward Southwell. Endorsed, Recd., 31st July, Read 5th Aug., 1724. 1 1/4 pp. [C.O. 137, 14. ff. 359, 359v, 360v]
July 30.
298. Duke of Newcastle to Governor the Duke of Portland. Your Grace's letter etc. of 4th March last to my Lord Carteret, having been put into my hands, I lost no time in laying them before the King; and I had sooner returned your Grace an answer, but that I waited this opportunity to acquaint you with H.M. pleasure concerning the laws of Jamaica, which are proposed to be renewed by the Act transmitted hither by your Grace for that purpose. The draught of this Act being under the consideration of the Lords Commrs. of Trade, they found themselves under more difficulty in formeing their judgemt. upon it than was at first apprehended; and in regard the time might not be sufficient for the same to pass before the present Revenue law, and the Acts depending on it, would expire; and considering likewise the importance of the case, and the consequence of such an expiration, they represented it as their opinion to H.M., that yor. Grace should be instructed to pass an Act for continuing the revenue and laws of Jamaica depending upon the present Revenue Act, for the space of one year, or until H.M. pleasure should be known thereupon. This representation of the Lords Commrs. of Trade was accordingly laid before the King and Council; and H.M. being pleased to approve of the expedient proposed by them, directed them to prepare the draught of such an Instruction as might best answer the purposes before mentioned. Such an Instruction having accordingly been prepared and approved by H.M. in Council, I herewith transmit the same to your Grace by H.M. command; and I hope it may arrive time enough to prevent any ill consequences that might otherwise happen upon the expiration of the sd. laws, before H.M. pleasure be signified concerning the renewal thereof. Neither do I apprehend, that yor. Grace can meet with any difficulty in prevailing with the Council and Assembly to pass such an Act as is proposed, since the intent of it is purely for the good and quiet of the Island, and in order to prevent that confusion, wch. the want of such a law would occasion to all persons concerned in trade there. H.M. would have your Grace endeavour to make them sensible of this instance of His gracious intentions to His subjects there, that altho' the present time be not sufficient for such a thorough consideration of the Act transmitted by yor. Grace, as the nature and circumstances of it seem to require, yet by pursuing the method prescribed by H.M., there will be no interruption in the due course of law and justice in the Island. I have laid before H.M. the Address of yor. Grace and the Council of Jamaica, upon the occasion of the supply of stores and ammunition, which has been sent thither, wch. Address H.M. reced. very graciously, and is extremely well satisfyed with the gratefull sense expressed therein of what H.M. has done for the relief and service of that island. H.M. having been moved in behalf of Mr. Samuel Moore that he might be nominated of the Council in the room of Capt. Morant decd., hath been pleased to consent to it upon your Grace's request, and you may be assured that I shall be ready upon all occasions, where it may be for H.M. service, and agreeable to yor. Grace, to pay a particular regard to your recommendation. As to the other points contained in your Grace's letter, I have not yet been able to receive the King's commands upon them so particularly as I propose to do. I am very glad to hear that yor. Grace is perfectly recovered of yor. late indisposition etc. Signed, Holies Newcastle. Enclosed,
298. i. H.M. Addition`al Instruction to Governor the Duke of Portland. Kensington. 30th July, 1724. Where as an Act was passed in the General Assembly of Our Island of Jamaica in 1703, for raising a Revenue to H.M. etc., and confirmed by Her late Majesty 17th Aug., 1704, whereby several duties were laid etc. for the support of the Government etc. for 21 years, from 1st Oct., 1703; and whereas it was thereby likewise declared that all such laws of Jamaica as had been confirmed in Council by King Charles II, 1684, for 21 years and were not repealed by the sd. Act, or before the date thereof, should also continue in force for the space of 21 years, etc., which term will expire 1st Oct. next; and whereas pursuant to Our royal pleasure signified to you, 27th Aug., 1723, you have transmitted to Our Commissrs. for Trade and Plantations, a bill passed by Our Council, and the Assembly of our said Island of Jamaica, in the month of Jan. last, for granting a revenue to H.M. etc.; which bill being of very great consequence to Our service, and the interest of Our subjects in that Island, and Our sd. Commrs. having represented to us, that the same will require so much time for the mature consideration thereof, that the above recited Act passed in 1703, and the other laws depending thereupon will expire before Our pleasure can be known concerning the said bill. The consequence whereof would involve Our said Island and all persons trading there in very great difficulties, inasmuch as without fresh authorities from us no Assemblies could be held there, the law for establishing Assemblies being among those which expires with the said Act, as likewise those Acts for regulating the proceedings of Courts of Judicature, so that it would be impossible to have any regular proceedings in the Courts of Justice there; Wherefore out of tender regard to our good subjects of Jamaica, and for preventing the confusion that must naturally happen to that island and to all persons concerned in trade there, if the laws depending upon the sd. Act should expire, We have thought fit hereby to direct and require you forthwith to represent to Our Council and Genl. Assembly etc. the importance and necessity of their passing an Act to continue for one year more the revenue and laws depending upon the sd. Act passed in 1703 etc., to wch. we are hereby graciously pleased to allow you to give your consent. Signed, G. R. Copy. [C.O. 324, 35. pp. 76–80.]
July 30.
299. H.M. Warrant to Governor the Duke of Portland for admitting Samuel Moore into the Council of Jamaica. Countersigned, Townshend. [C.O. 324, 35. Copy. p. 81.]
July 30.
300. Council of Trade and Plantations to Governor the Duke of Portland. Acknowledge letter of 4th March with Revenue Act and Act for augmenting the Governor's salary. Describe proceedings thereupon (v 15th July etc.), and refer to Additional Instruction (July 30th). Continue; We presume your Grace will receive it by this conveyance. We are a good deal surprized at the Assembly's refusing to insert a clause in the Revenue Bill to prevent its taking effect till H.M. pleasure had been known. But your Grace certainly did right not to pass it without such a clause, and by so doing have found out the only expedient that was left you to come up to the intention of your Instructions; But this is not the only instance wherein they have shewn an obstinacy very ill becoming the situation they are in, and no ways answerable to the gracious disposition H.M. has of renewing their Laws. Tho' we have not yet fully considered the whole Bill, yet we apprehend there are so many objections to it, that it will not meet with approbatn., But we shall take the first opportunity of considering this bill and the several Acts of Jamaica now before us, in order to lay them before the King etc. We have transmitted your complaint etc. against Capt. Laws to the Secry. of State and the Admiralty. Capt. Laws is now in England, and we make no doubt, but the Lords Commrs. of the Admiralty will have taken notice to him of what yr. Grace transmitted hither; and if anything be done thereupon, you must expect to hear of it from them, or from one of H.M. Secretaries of State. We have made so full a Representation to the King upon the proceedings of ye Spanish Guarda Costas, that we make no doubt but all due care will be taken by our Minister at the Court of Spain to prevent the like for ye future. We had no objection to the restoring Mr. Moore to be of the King's Council, etc., whom H.M. has been graciously pleased to appoint accordingly. We shall always have a due regard to such Gentlemen as your Grace may recommend to us to serve the King in that station. But we must observe to your Grace, that you are not to appoint any Councillors, unless the number be under seven; and in that case your Grace will find by your Commission, that H.M. confirmation is necessary. [C.O. 138, 16. pp. 491–494.]
July 31.
301. Governor Worsley to the Duke of Newcastle. Acknowledges letter of 2nd April etc. Continues: On the 16th past I dissolved the late Assembly, which was about a month before their time of sitting would have expired, and on the 6th instant had a new Assembly chosen in order to give them time sufficient to amend the errours, that, for many years last past, have crept into the Excise Bill, which is the only support of this Government, and would have expired the 8th of the next month. The elections were carried on this year with the greatest peace and unanimity, and almost without any opposition in any parish. The Assembly has already passed a new Excise bill, and I have taken all the care I could to have it drawn up according to H.M. Order in Council, 30th April. Refers to enclosed depositions, upon which, Robert Elston was committed by the Judge of the Admiralty and the two evidences were secured; and as the crime the said Elston is accused of was committed upon the high seas, and could not be tried here, I have, according to the 99th Article of H.M. Instructions, sent him home, and at the same time Benjamin Bush, one of the proofs along with him, the other having made his escape. They go on board of the ship Mountserrat etc. I have been obliged to keep these people some time in that none of H.M. ships of war were going home, and as no merchantman cared to receive them on board I don't find by my Instructions I could oblige them to do it, which I have the honour to represent to your Grace, and to begg H.M. commands thereupon, in case any accident of the like nature should happen for the future. Signed, Henry Worsley. Endorsed, R. 22, Oct. 5 pp. Enclosed,
301. i. Governor Worsley's warrant to Antepas Marshal, Master of the Montserrat Merchant, for carrying Robert Elston and Benjamin Bush to England for trial of the former. Pilgrim, 29th July, 1724. Signed, Henry Worsley. Copy, l 1/2 pp.
301. ii. Capt. Marshall's receipt for the bodies of above. 30th July, 1724. Signed, Antepas Marshall. 1 p.
301. iii. Duplicate of No. i.
301. iv. Certificate that following depositions are genuine. 29th July, 1724. Signed, Henry Worsley. 1 p.
301. v. Deposition of William Atkinson, Mariner. 13th April, 1724. On 25 Jan. last, off Guinea, John Atkinson and Joseph West died from the effects of beatings inflicted on them by Capt. Robert Elston, of the St. Christopher's galley. The doctor of the vessel and the said two mariners told deponent that the said bruises might occasion their deaths etc. Signed, William Atkinson. Copy. 1 p.
301. vi. Duplicate of preceding.
301. vii. Deposition of Dr. Bush. 13th April, 1724. Corroborates No. v. Signed, Benja. Bush. 1 3/4 pp.
301. viii. Duplicate of No. ii.
301. ix, x. Duplicates of No. iv.
301. xi. Duplicate of No. vii.
301. xii. Duplicate of No. v. [C.O. 28, 44. Nos. 70–74, 74(b)–76, 83–87.]
[July 31,] 302. Extract from above letter relating to Elston. 11/8 pp. [C.O. 28, 44. No. 125.]
Copy of 99th Article of Gov. Worsley's Instructions. [C.O. 28, 44. No. 126.]
July 31.
303. Governor Worsley to the Council of Trade and Plantations, Duplicate of first paragraph of preceding letter. P.S. I have for the last six weeks been so very much indisposed, that I have not been able to answer the queries your Lordships sent me etc. Signed, Henry Worsley. Endorsed, Recd. 22nd, Read 28th Oct., 1724. 2 pp. [C.O. 28, 18. ff. 106, 106v, 107v]
July 31. 304. Five depositions taken in St. Christophers relating to the settling of the lands in dispute between John Burnet and Jeremiah Browne (v Nov. 19th) made and signed by Robert Jamesone, John Marring, Edward Warner, Senior, his mark, William Wooddrop, Charles Payne. 5 1/4 pp. [C.O. 152, 14. ff. 411–415v]