America and West Indies: August 1724, 16-31

Pages 202-216

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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August 1724, 16-31

Aug. 17.
326. Bryan Wheelock to Sir Philip Yorke and Sir Clement Wearg. Encloses copies of queries by Lt. Governor Drysdale (6th June), relating to exorbitant grants of land made by Col. Spotswood, together with copies of Acts, Orders etc. relating to that subject, for their opinion in point of law. [C.O. 5, 1365. pp. 277, 278.]
Aug. 18.
327. Bishop of London to the Council of Trade and Plantations. Requests that dispatch may be given to the Act for enlarging the salaries of the Clergy in South Carolina, etc. Signed, Edmd. London. Enclosed, Recd., Read 20th Aug. 1724. Holograph. 1 p. [C.O. 5, 359. ff. 33, 34v]
Aug. 18. 328. J. Galfridus to the Duke of Newcastle. I haveing a universall knowledge of H.M. American Dominions, with compassion etc. have considered an efectuall method, whereby those people may be made safe for ever without any additional charge: rather the efect will be an yearly profit etc. I am to be heard of at the Britania Coffehouse in Spring Garden etc. Signed, I. G. (his mark), 1/2 p. [C.O. 5, 12. f 11.]
Aug. 18. 329. Same to Same. There are now in London four Governors, which ought to have a particular knowledge of their country's safety etc. Signed as preceding, 3/4 p. [C.O. 5, 12. f. 12.]
Aug. 18. 330. Same to Same. Refers to Indian massacres. Within this 10 days a ship brought an account of 13 murthered by the Indians at one time etc. Doubtless H.M. would gratifie an efectuall method proposed for the protection of those subjects etc. Signed as preceding. 1 p. [C.O. 5, 12. f 13.]
Aug. 18. 331. Same to Same. Urges the speedy execution of his plan, for which His Grace may obtain £10,000 by way of gratitude, by entering into just measures etc. Signed as preceding. 1 p. [C.O. 5, 12. f 14.]
Aug. 18. 331 A. Same to Same. My method will save H.M. £5000 a year etc. Signed as preceding. 1 p. [C.O. 5, 12. f15.]
Aug. 19.
332. Lt. Governor Hope to the Duke of Newcastle. Acknowledges letter of 2nd April and congratulates his Grace on his succession to Lord Carteret etc. List of enclosures. Signed, John Hope. Endorsed, R. Oct. 12. 2 pp. Enclosed,
332. i. Speech of Lt. Governor Hope to the Assembly of Bermuda, 21st July, 1724. I am advised from home that some Acts are in danger of being repealed, particularly the 4 and 2 p.c. upon goods imported etc. as being inconsistent with the tradeing interest of Great Britain and opposed by a person whom you all know, so not worth my while to name. It will therefore behove you in time to apply proper remedies by enabling your Agent at home to watch all opportunities that may offer to him of representing the true state of this country and the bad consequences that must follow if that Act be repealed. For in that case there must be a tax laid on sufficient to repair your fortifications now almost in ruins etc. Copy. 1 1/2 pp.
332. ii. Account of powder money, Bermuda, 15th July, 1723—24th Jan., 1724. Sworn to by Richard Tucker, Dep. Secretary. Copy. 7 1/2 pp.
332. iii. Account of the public rents, Bermuda. Totals:Receipts, 25th Dec, 1722—25th June, 1723. £65 7s. 6d. Expenditure, 7th July—5th Dec. 1723. £65 10s. 8d. Sworn to by Richd. Tucker. Copy. 3 pp.
332. iv. Account of the 5 p.c. duty on dry goods 15th Aug., 1723—11th Jan. 1724. Total:Receipts (including £51 14s. 4d. brought forward), £149 16s. 5d. Expenditure, £63 1s. 0d. Sworn to by Richard Jennings, Receiver. Copy. 3 pp.
332. v. List of persons unfit to supply vacancies that may happen in the Council of Bermuda: John Aytoune, Collector of Customs; John Darrel, one of the Judges of King's Bench and Common Pleas, a man of great probity; Leonard White junr. J.P., son to the Councillor etc.; John Butterfield, Capt. of the Militia, a man of admirable parts and great modesty, and a very good estate; Moor Darrel, J.P., an honest man and of a good understanding; Thomas Smith, Capt. of the Town Company, a considerable trader, of good parts, but young etc. Signed, John Hope, 1st July, 1724. 1 p.
332. vi. Account of the tax upon liquor imported, June 13—Dec. 9th, 1723. Totals:—Receipts, £447 6s. l0 3/4d. Expenditure, Aug. 10, 1723—Jan. 29, 1724. £362 10s. 6d. Sworn to by Major Henry Tucker, Collector. Copy. 6 pp. [C.O. 37, 28. Nos. 21, 21 i–vi.]
Aug. 20.
333. Mr. Stevenson to Mr. Delafaye. I sent the King's Instructions and the Duke of Newcastle's letter to the Duke of Portland by a Bristol ship the begining of this month etc. Encloses copy of his memorial to the Board of Trade. Continues: Their answer was that what I demanded with regard to the Act for the augmentation of His Grace's sallary could not be complied with because of a clause in it which made it depend upon the Revenue Act has not yet been approved off, but their Ldsps. assured me they would write to the Duke of Newcastle, etc. Requests that the Duke be urged to dispatch the decision upon that Act etc. Signed, Alexr. Stevenson. 2 pp. [C.O. 137, 52. ff. 81, 81v]
Aug. 20.
334. Council of Trade and Plantations to Governor Worsley. Acknowledge letters of 24th Nov., 1723, 11 Jan., 3rd March and 13 June, 1724 etc. Continue: We have transmitted the Acts therein enclosed to H.M. Counsel for their opinion in point of law, and shall take the earliest opportunity for considering them. H. M. has been graciously pleased to approve the Act relating to the Quakers' affirmation etc., as you will see by His Order in Council, which we presume you will have received from the Agents of the Island. His Majesty has not thought fit to repeal the Act (1723) for laying an imposition on wines etc., tho' it was lyable to many objections as you will see by the inclosed copy of an Order in Council, 30th April (the original of which we imagine you have already received). The Act to raise a levy etc. has been repealed. Enclose extract of letter to the Admiralty etc (v 7th May). Conclude: We have ordered the list you have sent us of the Gentlemen to supply vacancies in the Council to be entred in our books, and shall always have a regard to your recommendation. [C.O. 29, 14. pp. 403, 404.]
Aug. 20.
335. Council of Trade and Plantations to the Lord Bishop of London. Reply to 18th Aug. We have as you desired taken the Act for enlarging the salaries of the Clergy in South Carolina, into our consideration, and as your Lordship is a Member of the Board, we send you, with great freedom, our private sentiments concerning this Act. 'Tis very true, that Mr. West has reported that he has no objection against this Act in point of Law: But there are some difficulties that occur to us, upon which we should be glad to have your Lordship's opinion, before we propose this law to H.M. for his royal confirmation, which would make it perpetual, whatever inconveniences might hereafter be found in it. The first clause enacts that "the Clergy shall receive their respective salaries therein mentioned, in Proclamation money or the value thereof in current bills of that Province, computing four for one, and so in proportion, to be adjusted once a year by the Church Commisrs. if need be." The meaning of this clause must probably have been, that the bills of credit of that Province were then at 75 p.c. discount, and consequently that £400 bills of credit were equal to £100 Proclamation money. But we have reason to apprehend that the discount upon these bills may now or in future times be greater than when this Act was passed in Carolina, in which case the Clergy would find themselves in a worse condition than they were before the passing of this Act. For three several laws passed in 1706, 1712, and 1717, so far as they relate to the salaries of the Clergy, are by this new Act intended to be vacated and annulled. And it remains a very great doubt with us, whether the words and so in proportion etc v. supra), will be sufficient to impower those Commissioners to order a greater number of these bills to be issued, if they should be at a greater discount than 75 p.c. There are likewise very great powers given by the 6th clause of this Act, to Church-wardens and five Vestrymen for making assessments for the poor, and levying the same by distress by their own warrants, without the concurrence of one single Justice of the Peace, which clause being foreign to the tittle of the Bill, is contrary to the Governor's 15th Instruction. There are also great informalities in this Act, particularly in the two last clauses, where the tittles of three other laws intended in the whole or in part to be repealed, are so imperfectly described, that in all probability they will remain in force etc. Ask for his opinion etc. Conclude: You may depend upon finding us always ready to concur with your Ldp. in anything that may prove of real advantage to the Clergy. [C.O. 5, 400. pp. 191–195.]
Aug. 20.
336. Council of Trade and Plantations to Governor Hart. Refer to letter of 15th May and acknowledge letters of 11th, 16th and 25th March, and 16th May etc. Continue: We shall take the Acts (sent) into consideration the first opportunity. We have given directions for preparing copies of the Acts of Mountserrat, that were burnt or destroyed, according to your desire, and they will be deliver'd to your order. We are sorry to find by your letter of the 11th of March, that there is a misunderstanding between you and some of the Gentlemen of the Council of Antegua, but are of opinion since H.M. has been pleased to appoint Mr. Crump and Mr. Cochran to be of his Council there, we cannot propose that they should be remov'd without some particular cause assign'd; we hope, however, they will demean themselves with more temper for the future, and that since H.M. has been pleas'd upon our Representation, to dispense with that part of your Instructions, which was an obstacle to the bill prepared by the Assembly for your salary, the Council will not refuse their assent to it. We shall enquire whether Sr. Wm. Codrington intends to return to Antegua, and if he does not shall take your recommendation of a proper person to succeed him in the Council there. As to the alterations you have made in the Council of Mountserrat, we must remind you that you have no authority to swear any person into the Council, unless the same by death or absence, be reduced under the number of seven, much less can you restore any person to his former rank in Council, without an express order from H.M. for that purpose. As to the affair of Mr. Fry and Mr. Bramble, we apprehend, there may have been some mistake, for upon looking into our books, we find no other cause assign'd by Genl. Hamilton for the removal of Mr. Bramble, but his own refusal to act; and as we are not satisfyd that the cause assign'd by you for the suspension of Mr. Fry is sufficient, we shall not represent anything to H.M. on that subject, till we hear further from you, and are in hopes by that time this affair may be accommodated. We shall inform ourselves whether Mr. Gerish have H.M. license of absence, and if we find he has not, we shall have due regard to your recommendation to fill up that, or any other vacancy that shall happen in the Islds. under your Government; and as we find Mr. Crookshanks is already sworn in, we shall recommend him to supply the vacancy occasion'd by the death of Mr. Parsons. We think your answer to the Governor of Martinique was very proper, and commend your generosity to Capt. George, but as we are inform'd, he has a company lately given him, we apprehend, we shall have no occasion to make any further application on his account. [C.O. 153, 14. pp. 159–164.]
Aug. 20
337. Lt. Governor Dummer to [? the Duke of Newcastle]. I had the honour in the absence of Governor Shute to receive your Grace's letter of the 2d of Aprill etc. Encloses inventory of "some piratical goods brought into this port by one Andrew Harrandine who having been taken by a gang of pirates, after a few days with the help of some others rose upon the crew and overcame them, the whole conduct thereof your Grace will bee informed of by a printed copy of the tryal of the pirates which I shall send you assoon as it comes out of the press" etc. Awaits instructions concerning the disposal of these goods etc. They will make little more then £20 sterling. Signed, Wm. Dummer. Holograph. 1 3/4 pp. Enclosed,
337 i. Inventory referred to in preceding. 21/8 pp. [C.O. 5, 898. Nos. 33, 33 i.]
Aug. 21
338. Lt. Governor Hope to the Council of Trade and Plantations. I had the honour of receiving your letter of the 15th May, 1724 upon the 14th of this month having finished the inclosed some days before in order to go with this occasion etc. I return my dutyfull acknowledgments for the regard had to my recommendation of men for the Council etc. As to the Acts now before your Lordps. I have nothing to say further than what I have already done etc. But for the future I shall consent to no Act that lays any duty upon the importation of European goods here; My Lords, I desire you will beleive me that there never was any passed here since my arrival, that ever I had the least hand in directly, or indirectly, except that wherein they have settled £100 a year upon me. That Act for lessening the number of Assembly, I never heard of it till it was layd before me in Council, and for the reasons already given, I did give my consent to it, with a great deal of chearfulness: for the alteration it would have made in our constitution was my cheif aim, the present being very inconsistant with the nature and considerable numbers of these people. But as to the effect it might have had in religious matters the event will some time or other make appear, that for the present, I have the sattisfaction to acquaint your Lordships that I am very easey that way, haveing nothing to apprehend from any corner but from the zeal and imprudence of some orthodox Priests. All directions given me by Orders of Council in whatsomever manner sent to me shall for the future and without hesitation be put in execution without delay. Being inform'd at large of a complaint made against me with respect to ane Order of Council repealing the Act for laying a duty of 5 p.c. on dry goods, I beg leave to acquaint your Lordps. that my Commission as Governour does direct me (in ye case of the repeal of laws) to receive H.M. orders in Council, in the same manner and form, as I do his pleasure signified to me by the Secretary of State, and by the Lords Commissioners of Trade etc. I am glad the manner of my answers to your Lordps.' queries is approved of, when alteration in the present state of the Colony happens, your Lordships may depend on having due notice thereof transmitted. The accounts I have sent your Lordships concerning correspondence with pyrates is true, and I am sorry to find by daily experience that all our neighbours are as bad: I have advice by a sloop from Philadelphia that the Enterprise man of war is taken by a pirate sloop of 16 and a ship of 40 guns. I do not beleive it because the Skipper of the sloop affirms the pyrates are above 500 men; which I know is impossible by my intelligence from others lately taken by them. My Lords, It is a miserable suituation the rest of the West Indies are in with regard to the Spanish barbaritys committed upon the subjects of Great Britain, France and Holland: The Maritime Powers! nor can piracy cease in these seas until one of two events happens: (i) To declare war against Spain and force free trade; or (ii) To discharge all commerce with Spanish Plantations in America, and to seize all vessels of your own wherein any Spanish money effects etc. are found. For the clandestine trade is so prodigiously advantagious that they will venture estate, body and soul; so that vast numbers are taken and inhumanly treated: and always (I may say) the Spaniards set the crews ashore upon desart islands. Revenge very soon enters an injured mind, and makes a violent progress in such as have been educated at sea: There is no Nation or Law can protect these poore abandon'd wretches in makeing reprisals; so that it is no great wonder if they embrace the only thing left them to do, that is; to save their lives from starving they are obliged to r ob the first they meet. This my Lords is the reason and source of pyracy. As to the account I have given your Lordships of the revenues having been employed in carrying on a law suit against one Jones, I am affraid I have not been particular enough, for I find your Lordships do misaprehend me: The cause and quarrell was the Country's, against Jones; and they levied taxes, and ordered the application of these taxes, for that end; by sending home some of their number to manage the affair; Mr. Bennett has been unluckiely hook't into that scrap, and is now left in the lurch; tho' it is as apparent as day, that that Gentleman did nothing but what his Instructions authorized him to do; for his actions were approven by H.M. Queen Anne in Council: and that turbulent insect (Jones) was stript of his patent. Signed, John Hope. Endorsed, Recd. 12th Oct., 1724, Read 30th June, 1726. 4 pp. [C.O. 37, 11. ff. 144–145v, 146v; and (abstract) 37, 24. pp. 22–24.]
Aug. 22.
339. Same to Same. I think myself obliged to acquaint you that the Collector of the Customs has seiz'd the ship Salamander, William Bell master, for having on board three chests of East India and European goods, and a large bale of sail duck, without cocquett or clearance. The owners of the vessel are Edward Jones the father and Edward Jones the son. The first is now in London, and is a man of villainous life, having been convicted here of perjury etc. He is so well known at the Secretary of State's Office, and that of Trade and Plantations that it is needless to enlarge upon his character: but this I thought was my duty because of the insolent threatnings of Jones the son to the Collector: and to prevent any bad impression the inventions of Jones the father may suggest etc. The Collector has done nothing but what he is order'd to do by his Instructions etc., as will appear by enclosed etc., for these two fellows mention'd in the petition offering £10,000 security both of them are no(t)worth the third part thereof; besides so it happens, that Smith lyes now under prosecution for the forfeiture of a Plantation bond, and a bond of Jones's stands now out, in the Naval Office, for £500, whereby they both are incapable by law of being securitys. Signed, John Hope. Endorsed, Recd. 7th Oct., 1724, Read 30th June, 1726. 2 pp. Enclosed,
339. i. Petition of William Bell to Lt. Governor Hope. The Collector, John Aytoune, upon examining goods landed from the Salamander found two trunks of East India and European goods for which there were no cocquets among those given to deponent at the Custom House, London. He seized the ship and her cargo, though Edward Jones and Mr. Smith offered £10,000 security that the coquets should be produced. Prays that the ship and cargo may be released upon said security etc. St. George's, Aug. 22,1724. Signed, Wm. Bell. Subscribed, the petition is not in my power to grant. Signed, John Hope. The whole endorsed, Recd. 7th Oct., 1724. 2 pp. [C.O. 37, 11. ff. 147, 147v 148v–149v, 150v; and (abstract) 37, 24. p. 21].
Aug. 22.
340. Order of King in Council. Referring Representation upon the state of the sugar and tobacco trades to a Committee of the Privy Council. Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 15th Sept., 1724. 1 p. [C.O. 388, 24. No. 166].
Aug. 22.
341. Order of King in Council. Upon the charge of disobeying his Instructions etc., relating to paper money etc., made against Governor Nicholson by several traders to S. Carolina, v. Oct. 30) and Mr. Yonge's petition on his behalf for six months leave of absence, Ordered that a licence be prepared for permiting him to come over to Great Britain, and that a copy of the petition of complaint be transmitted to him for his answer upon his arrival etc. Set out, A. P. C. III. No. 69. q. v. Signed, Ja. Vernon. Endorsed, Recd. 8th Sept., Read 28th Oct., 1724. 3 pp. [C. O. 5, 359. ff. 39–40v]
Aug. 22.
342. Order of King in Council. Repealing Act of Barbadoes to raise a levy etc., upon the report of the Lords of the Committee after hearing counsel for the merchants trading to Barbados against it, and the Agents of the Islands in support thereof, and having also examined some merchants upon oath as to the inconveniencys that would attend the passing the said Act etc. Signed, Ja. Vernon. Endorsed, Recd. 8th Sept., Read 28th Oct., 1724. 1 3/4 pp. [C.O. 28, 18. ff. 108, 108v 109v]
Aug. 22.
343. Order of King in Council. Approving draught of Instruction to Governors not to assent to a duty on European goods imported in English vessels etc. (v 4th June). Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 15th Sept., 1724. 1 p. [C.O. 323, 8. No. 48].
Aug. 22.
344. Order of King in Council. Granting leave to appeal to following petitioner etc. Signed, Ja. Vernon. Endorsed, With Govr. Hope's of Feb. 2nd, 1724/5. Copy. 2 1/2 pp. Enclosed,
344. i. Petition of Samuel Eveleigh of Charlestown, S. Carolina, part owner of the sloop George and Elizabeth and administrator of Joseph Palke decd, late owner of the other third. Prays leave to appeal against decree of the Admiralty Court, Bermuda. Set out, A. P. C. III. No. 70, q. v. Copy served upon Governor Hope by cabin boy of said sloop. 2nd Feb. 1724/5. Signed, John Hope. 7 1/4 pp. [C.O. 5, 382. Nos. 39, 39 i.]
Aug. 22,
345. Lt. Governor Hope to the Duke of Newcastle. Duplicate of No. 339. Signed, John Hope. Endorsed, R. Oct. 7. 2 pp. Enclosed,
345. i. Duplicate of No. 339. i. [C.O. 37, 28. Nos. 22, 22 i.]
Aug. 22. 346. Memorial of Elisha Cooke to the Duke of Newcastle. Prays that the answer and papers now received from the House of Representatives, in answer to Governor Shute's Memorial 5th March, may also be referred to Mr. Attorney and Solicitor General. Signed, Elisha Cooke. 1 1/2 pp. Enclosed,
346. i. The House of Representatives of the Massachusetts Bay to the King. Reply to Governor Shute's second Memorial v. 5th March), 17th June, 1724. (i) The Governor is mistaken, We presume he means the vote of 13th June, 1723, which can never bear the construction he puts upon it. The Committee appointed to audit the Treasurer's accounts according to the constant practice, observing several payments by him to be pursuant to the draughts made by the Lt. Governor with the advice of the Council not conformable to the resolve of the whole Court for the supply of the Treasury, the House voted those payments grievances etc. (ii) Governor Shute is entirely mistaken. There was never any occasion for any such debate. The Representatives have at all times been ever ready to grant a sufficient sum for the payment of all just debts of the Province. But a debate arising, May 1723, between the Council and Representatives about the appropriation of the money then to be granted, and the House having offered two several resolves for the supply of the Treasury, in both of which sufficient provision was made for contingencies in the recesse of the Court, and the issueing out thereof was conformable to what the Council, and Governor Shute himself had consented to before this time, but was now refused by the Council, they did propose a conference between them and the House, which was justly rejected by the House, as a thing new, unusual, and unheard of etc. No conferences on mony bills were ever offered, or desired before, it being the un doubted right and priviledge of the Representative body of the people to grant and raise what sums of money are thought necessary, and herein we endeavour to copy after the usuage and custome of yor. Majty.'s Commons of Great Britain and ye other Governments within yor. Majtys' Dominions, and that the Session ended without granting any supply at all for con tingencies, is not to be attributed to the House, for that they were willing to allow a sufficiency which is evident from their resolves of June 21st and 27th and July 2, 1723. The Council never desired any; and altho' the whole grant was appropriated, there were draughts made in the recesse contrary thereto, and so might as well have been for the expresse mentioned, which is all the utmost hazard and difficulty the Government then met with. The Representatives thought it proper to acquaint their principalls of these difficultys by printing the notes etc., that so they might for the future have directions in an affair of so great importance, and those that grant and pay the mony might know that it was apply'd otherwise than was designed by them and agreed upon by the whole Court etc. We are not able to recollect when any Conferrences were desired by the Honble. Board and refused by the House, except what relates to mony and that only at this time. We find on record some conferrences of late years and Govr. Shute himself sitting in the chair, viz. June & Nov. 1719 etc. Tho' many of our Members are men of low fortunes, parts and education, yet they have a sufficiency to qualify them to sit etc. That the whole countrey is reduced to low and poor circumstances under the distresses of a chargeable warr must be allowed, (iii) Since Governor Shute's departure which was very sudden and surprizeing, when this Government was newly engaged in a warr with the barbarous heathen, and when he saw the General Court were taking vigorous measures to prosecute the same, and no notice given them of his design before he was actually on board ship etc: we have maintain'd the honour and dignity of the Lt. Governour and Commander in Cheif over and above the pay allowed him as Captain of the Castle by granting him from time to time an honour able allowance for his support to enable him to manage the affairs of the Government whic h always look forward etc. That Governour Shute should article against us on this head etc., whilst he is endeavouring to disserve us and even to overthrow the very foundation of our happy constitution seems to us a wonderful parradox, especially if we consider that the allowance granted him has been almost double to what was allowed the former Governours, more especially considering in yor. Majesty's 19th Instruction he is ordered to endeavour for settling sallarys for the Gouvernour etc., residing within this Province. (iv) Neither this House, nor any preceeding has ever pretended to subject the Militia to their orders, nor made any orders for that end, well knowing that the power of ordering the Militia was always vested in the Captain General etc. But we conclude that the officers and militia are to conform to the laws passed and confirmed for regulating the Militia etc. The establishment of the Garrison of Castle William, made in 1700, was complained of by the Lt. Governour, and an enlargement of their pay proposed by him, which the Court readily agreed upon, as soon as they understood that Lt. Gray, who was in the Captain's absence the first officer, and whose incapacity and notorious negligence were so frequently complained of, was removed etc. It seems strange that such expressions of our duty and loyalty should be taxed as encroachments on yor. Royal prerogative etc. The muster-rolls are brought to sett forth that the officers and soldiers have done the duty required of them by law; and not as is insinuated to discover whether the orders of the House are comply'd with etc. There are no such orders of the House etc. (v) The Treaty itself will show that this charge is altogether groundless, and that the Lt. Governour, yor. Majesty's representative here, was always present at, and managed the whole of that Treaty, and (Journal of Council and Assembly, Sept. 1723) was the mouth of the whole General Court etc. The King is mentioned no less than three times in the Treaty. It was agreed by the Committee of both Houses that a belt of wampum with your Majesty's Great Seal of this Province, your royal arms, and motto in a silver box pending thereto, should be given in ratification thereof, and in token that the whole Treaty was in your Majesty's name and under your royall seal; yet when the same came to be delivered it was observed that your Majesty's seal was altered and defaced and the Lt. Governour's seal with his coat of arms affixed thereto, and that done without any advice of the Councell, or House, which was the reason for defaceing that seal sent up to the Councell and not out of any disrespect to your Majesty's Lt. Governour but with the greatest sence of duty and loyalty to your Majesty, rightly conceiving that that seal would be seen by the French as well as Indians, who would probably inform these tribes that your Majesty's seal etc. not being affixed thereto they might be induced to beleive that it was no act of this Government nor ratifyed by yor. Majesty's seal. Neither did the House ever aim at the invasion of yor. Majesty's undoubted right of making all treatys etc., and humbly hope that they will be cleared from this unjust imputation they being always ready and willing not only to part with their estates, but also their lives, in the defence and support of your Majesty's royall person, Crown and dignity, and all yor. Majesty's rights, powers, and authoritys. (vi) Mr. Cooke in his publick capacity here as a Member of the Court appeared very zealous for maintaining H.M. just right to the woods and supporting the prerogative of the Crowne as well as the priviledges of his subjects etc. We hope that the measures taken by the House will always appear to have been founded upon p rinciples of true loyalty etc. The contrary of what the Governour complains of about the Council is evident from the votes and messages on that head, Nov. and Dec. 1716 etc. (vii) These reflections contain crimes so hainous as never were, and never will be produced in this country, where obedience and a just respect to all in authority is universally asserted, and steadily maintained etc. That ever any Councill were under such apprehensions and thereby deterr'd from their duty; is what no man but Governour Shute ever pretended to affirm etc. That the House ever pretended to grasp the whole power of the Province into their hands, can no more be supported than the rest. Enclose projected bill referred to. Continue:—We humbly conceive, that we ought not to be intimidated, or allured, into such measures, as would abridge yor. Majesty's good subjects of some of their rights and priviledges. We hope we shall yet appear to be what we really are a dutifull and loyall people to the best of Kings etc. Signed, Elisha Cooke. 13 1/2 pp.
346. ii–xv. Extract of Minutes of Council and Assembly of the Massachusetts Bay, 1700–1723, relating to preceding.
346. xvi. Certificate that Josiah Willard is Secretary of the Province, and John Wainwright Clerk of the House of Representatives, and full credit should be given to their attestations etc. Boston, 20th June, 1724. Signed, Wm. Dummer. Sealed. 1 p. [C.O. 5, 752. Nos. 25, 25 i–xv.]
Aug. 25.
So Carolina.
347. Governor Nicholson to the Duke of Newcastle. A few days agoe I had the great honour to receive your Grace's commands of 2nd April and I most humbly begg leave to congratulate your Grace's being appointed H.M. Principal Secretary of State and am sure that we who have the honour to serve H.M. in this American part of the world in general have verey great reason to rejoice thereon but more particularly myself. Will instruct Kingsmill Eyre and Francis Yonge to wait upon him with accounts of the Colony etc. Continues:—We had on ye 17th instant a sort of an hurricane wch. I thank God did no damage to the shipping here, but ye violence of the rain and wind I hear hath damnified some of the Indian corn and rice and ye flood hath ruined some of the bridges. This accident and the time of looking after the crop at present makes it very difficult to gett a Council among all the Members thereof but I am in hopes to be able to do it in ten days or a fortnight at farthest in order to have your Grace's letter communicated to them and then we shall endeavour jointly to pay our duty to your Grace etc. P.S. I have often writ to Mr. Eyre and Mr. Yonge to obtain H.M. most gracious lycence to goe for Great Brittain and am now your Grace's most humble peticoner which if obtained I hope (God willing) to have ye great honour to pay my duty to your Grace and (if you please) to give your Grace a verbal accot. not only of this country but of others on this Continent etc. If your Grace should want anything this country affords I hope your Grace will honour me with your commands etc. Signed, Fr. Nicholson. Endorsed, Rd. Oct. 29th. 21/8 pp. [C.O. 5, 387. No. 46; and (duplicate) 82.]
Aug. 25.
So. Carolina.
348. Same to Temple Stanyan. A few daies agoe I recd. your letter of 27th April. Mr. John Hamilton hath been here some time and I do assure you that upon your accot. I shall do him all the favour and kindness that lyes in my power but I am heartily sorry that any Gent. you are pleased to recommend to me should come into this poor country where there are few or no places proper for such a person. The misfortune of this country at present is the uncertainty of the Governmt. Whither H.M. will keep it or the Lords Proprs. be restored and their Lordships having been pleased to shutt up their Land Office which hinders people from taking up lands in order to settle the frontiers especially to the Southwd. which borders on the Spaniards and French who are now united and we find that they are not only endeavouring to sett their Indians upon ours, but likewise inveighling them from us these affairs have several times been represented to the Rigt. Honble. the Lords Commissrs. of Trade and Plantations as likewise to the Right Honble. the Principal Secry. of State, so I will not now trouble you with a repetition thereof, the affair of our comodities vizt. rice, tarr, and pitch are very precarious, but I hope in God the next Sessions of Parliament will do something concerning them etc. Refers him to Messrs. Eyre and Yonge. P.S. I desire you'l please to give my most humble duty to the Rigt. Honble. the Lord Viscount Cobham and I am in hopes that his Lordp. hath fully settled his affairs of Nova Scotia etc. and that you are already or will shortly be made one of the Baronetts of Nova Scotia and that his Lordp. hath given yo. pattents for half a dozn. large manrs. etc. I hope that our very good friend Mr. Tickle (to whom pray my humble service) will come in for a good smack in the Nova Scotia affair both in point of honour and interest. Signed, Fr. Nicholson. Endorsed, Rd. Oct. 22. 1 3/4 pp. [C.O. 5, 387. No. 47.]
Aug. 26 Fulham. 349. Bishop of London to the Council of Trade and Plantations. Reply to No. 335. I understood (v 18th Aug.) that the Act had been approved by your Lordships and the King's Counsel, etc. But since I find I have been misinform'd, and that there are several difficulties in it which cannot easily be got over, I leave it to the ordinary course; unless your Lordships shall think it proper to let it rest with you till Governour Nicholson comes over, who has obtain'd H.M. leave to be absent from his Government, and, when he comes hither, may be able to remove the objections to which the Act seems liable at present. Signed, Edmd. London. Endorsed, Recd., Read 2nd Sept., 1724. Holograph. 2 pp. [C.O. 5, 359. ff. 37, 37v 38v]
Aug. 31. Windsor. 350. H.M. Additional Instruction to the Governors of Jamaica, Barbados, Leeward Islands, Bermuda, Bahama Islands, Virginia, New York, New Jersey, Nova Scotia, New Hampshire, Massachusetts Bay and Maryland, Pennsylvania, South Carolina, North Carolina, and the Governor and Company of Rhode Island and Connecticut. Whereas Instructions etc. as June 4 supra. [C.O.324, 35 pp. 82–87; and (copy of same of later date, to Governor Burnet), 5, 1085. No. 46.]