America and West Indies: November 1724, 11-20

Pages 251-265

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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November 1724, 11-20

Nov. 7.
New York.
393. Governor Burnet to Mr. Popple. Repeats part of preceding covering letter. Signed and endorsed as preceding covering letter. Holograph. 1 p. [C.O. 5, 1053. ff. 263, 264v.]
Nov. 11.
394. Mr. Popple to the Duke of Bolton. I am to signify to your Grace that the Council of Trade and Plantations will take into consideration on Thursday the 19th inst. the Act for settling the N.E. part of Jamaica, that you may have an opportunity of laying your objections before the Board etc. [C.O. 138, 16. pp. 505, 506].
Nov. 11.
New York.
395. Governor Burnet to the Council of Trade and Plantations. Encloses duplicates of 7th Nov. and Acts of 1723 etc. Concludes: I hope your Lordships will move H.M., that the merchants may be obliged to declare their informers, which I hope your Lordships will think a reasonable request on behalf of the Legislature here, who are injured by their calumnies etc. Printed, N. Y. Col. Doc, V., p. 725. Signed, W. Burnet. Endorsed, Recd. 19th Dec, 1724, Read 16th April, 1725. 2 pp. Enclosed,
395. i. List of 12 Acts of New York passed 6th July, 1723. Endorsed as preceding. 1 ¾ pp.
395. ii. Memorial concerning the fur-trade of New York. By Cadwallader Colden, Surveyor General, 10th Nov., 1724. Set out, N. Y. Col. Doc., V., pp. 726–733. q.v. Same endorsement. 20 pp. [C.O. 5, 1053. ff. 273, 273v., 274v.–275v., 276v.–286v., 287v.]
Nov. 11.
New York.
396. Governor Burnet to Mr. Popple. Encloses preceding etc. Signed and endorsed as preceding covering letter. Holograph. 1 p. [C.O. 5, 1053. ff. 288, 289v.]
Nov. 14.
397. Governor Nicholson to the Council of Trade and Plantations. Refers to letter and duplicates of 30th Oct. Requests that enclosed address may be presented to H.M. Mr. Izard would have signed it also, had he not been called away by urgent affairs etc. Continues: By enclosed accounts of the bills burnt, your Lordships may see that the sum of 3843 were of the new bills which with 7380 burnt this morning amounts to £11223 in new bills burnt and its supposed that by the latter end of February next there may be halfe as many more burnt of what the Treasurer shall receive for imports and exports as likewise the Bank Commissrs. who are to receive the remainder in new bills for by law no old bills will now pass there was likewise burnt (this morning) of the old bills £1830 15s. etc. The honble. William Gibbon and Charles Hart, Esqrs., being appointed to examine the said bills and several others have not been able to do any more as yet but will continue their examination. By these accounts your Lordsps. may se what care H.M. Honble. Council and myselfe have taken that the new and old bills may be burnt according to law. Encloses Council's Memorial concerning the Merchants' Address (v. 30th Oct.), etc. Concludes: I am in hopes when please God I arrive in Great Brittain I shall not only be able to clear myselfe but likewise to give your Lordps. a full and just account of my proceedings with a true and just charracter of some of the petitioners.
P.S.—I thank God our fine and seasonable weather continues and ships and other vessells arrives weekly which makes the planters bring down their rice and pitch. That the trade of this Province may continue and be not only for the advantage of the people here but also of the merchants of Great Brittain are the hearty wishes of, Signed, Fr. Nicholson. Endorsed, Recd. 19th Jan., Read 18th Nov., 1725. 2 pp. Enclosed,
397. i. Address of the Council of S. Carolina to Governor Nicholson, 14th Nov., 1724. Upon perusing a petition of some merchants trading to this H.M. Province and others no way concerned in the trade, we find many very gross and unjust reflections cast on your Excellency and your wise administration, etc. Pray H.E. to transmit enclosed Address "which we humbly hope will (with the Address of the Grand Inquest, who were upon their oaths v. 30th Oct.) shew how groundless those complaints and aspersions are, etc. Signed, Ar. Middleton, P., Benja. Schenckingh, R. A. Izard, Wm. Bull, Charles Hart, William Gibbon, Alexander Skene, James Kinloch. Same endorsement. 1 p.
397. ii. Address of the Council of S. Carolina to the King. 14th Nov., 1724. Having considered the petition of several merchants to your Majesty against the present currency we in the most humble manner crave leave to represent that without some certain currency amongst us it will be almost impossible for this your Majesties province to carry on the trade thereof. We hope it will be made appear that the merchants mistake when they set forth that they have suffered by the late paper credit they having advanced their goods accordingly for tis apparent that our trade for these three last years has much encreased which has kept up the prices of the produce of this Province rather than the present number of bills now extant etc. The paper credit now current is not more than sufficient for the trade of the Province etc. Pray that the determination of the matter may be suspended until the Assembly have an opportunity to answer the complaints of the petitioners. Signed and endorsed as preceding. 1 p.
397. iii. Report of Commissioners for cancelling paper bills. Money told (? and burnt) 13th Nov., 1724, £7380. Signed, William Gibbon, Charles Hart. Of the bills burnt Oct. 17th (v. 30th Oct.), £3843 were new and £1864 7s. 6d. old bills. Signed, Charles Hart, Andrew Allen. Same endorsement. 1 p. [C.O. 5, 359. ff. 253–255, 256v.–258v.; and (abstract of covering letter) 5, 406. p. 21].
Nov. 16.
398. Governor Worsley to the Council of Trade and Plantations. Friday the 30th past Jean Garraud, master of a French scooner, came to me, and made his complaint, that one Charnock (an inhabitant of this Island and owner of a sloop, in which he had cleared out from hence to go to fish at Tobago) had taken out of a crawl of the said Garraud at Tobago, one and twenty turtle, and some netts he had in a hut a shoar; that some days after, some of his crew went on board of Charnock's vessel at Tobago, and that the next day Charnock set sail with his sloop for this Island, and that he had followed him hither to demand satisfaction; the said Garraud further said, that he had leave from the Governmt. of Martinico to fish there. As I had heard that the French had made pretensions to that Island, to know the truth of it, as also if the Government of Martinico had given this master licence to fish there, I order'd him to go with an interpreter to the Attorney General and make an affidavit of what had happened; instead of which the said Garraud went to town to Capt. Cooper, Commander of H.M.S. the Lynn, who sent him in his boat on board of Charnock's sloop, from whence they took some netts and other things, and Capt. Cooper immediately after seized Charnock's sloop, sent some of his men on board of her, carried the negroes he found in the sloop on board the Lynn man of war, and when the master and owner of the said sloop would have gone on board their sloop, the officer and seamen belonging to the sd. man of war, kept them off by force of arms; Saturday night the 30th of October, both Charnock's sloop and the French scooner were driven on shoar by stress of weather. Tuesday the 3rd instant, the French master came with a petition to me, whereof I have inclosed a copy, by which your Lordships will see he owns he went to Tobago to turtle, whence by the 5th Article of the Treaty of Neutrality in America, his vessel with his lading is forfeited; however I told him he should make affidavits of the facts, with the same intention I had done before, to know for certain the French's pretensions to that Island etc. Refers to enclosed depositions. The depositions of Charnock etc. I ordered to be taken upon Charnock's applying to me for satisfaction from Captain Cooper for seizing his sloop, and for the loss of her, and Charnock here for damages, which I have not allowed of, in that I am at a loss how to direct him the method he is to take, if he has been injured; for tho' by a proviso in an Article of H.M. Patent to me, it is there said, that neither I nor any by my authority shall hold plea, or have any jurisdiction of any offence, cause, matter or thing committed or done upon the high sea, or within any of the havens, rivers or creeks of H.M. respective islands or Plantations under my Governmt. etc. quoted in extenso. Continues: Yet as this proviso relates to the Article in my patent for the executing the Law Martial according to the Act therein referred to, 13th Charles II, I don't know whether it is intended it should extend to anything, but what is contained in the sd. Act, and there is a proviso in the 36th Article of that Act, touching the powers of the Lord High Admiral, which are not to extend to give unto him, or any acting under his authority any other power etc. than he had etc. before the making of this Act, other than for such of the offences specify'd in this Act. On the other hand it is but just and reasonable that H.M. subjects here should have satisfaction made them, if they have been injured, or have received any damage in as expedite and easy a manner as it is possible, especially the masters of merchants ships and fishermen, the livelihood of the latter depending entirely upon their boats and vessels; however in the present case as the exception in the proviso of the article of my patent, of any offence, cause, matter or thing, is so general, that it must comprehend everything that the persons excepted in the above proviso, can do within the Admiralty's jurisdiction: I shall not determine anyways in this affair, till I have the honour of H.M. commands upon this head, for as I have the greatest regard to the Admiralty's jurisdiction, so I have for the liberties and properties of H.M. subjects. I don't know if the Capts. of H.M. ships of war have any jurisdiction to seize vessels at anchor in H.M. ports and under the cannon of the forts; but the present case is yet stronger, for 'tis occasion'd by a difference and dispute betwixt the subjects of Great Britain and France, which by the 17th Article of the aforesd. Treaty, is stipulated shall be judged and determin'd by the Governors of each jurisdiction respectively, where it shall have arisen, or by them they shall depute. But the method Capt. Cooper took, was, I think, in every respect irregular; he had no regard to the cognisance I had already taken, and upon the French men's complaint to him, sends them on board the sloop in his own boat, takes out of her, what they said was theirs, which he orders to be brought on shoar, and the negroes on board H.M. ship. Whilst I am asserting H.M. right to the Island of Tobago, he seems to support the French in their pretensions. If he suspected her to have been a pirate, which he cou'd not, from the deposition the French master made, he ought to have advis'd me of it, that I might have ordered her, and her effects to have been seized (for she laid close under one of the forts) as also the master and other white marriners, who were ashoar, and there was not one white man on board the sd. sloop, when Capt. Cooper took possession of her; nay if she had been a pirate taken at sea, he ought not to have taken anything out of her, but have deliver'd her up to the Civil power as he took her, till it shou'd be adjudged, whether she was a pirate or not, nor has he yet given me an account of his proceedings, nor have I seen him these six months, tho' he is appointed for the service of this Island; I have heard he has return'd the negroes to Charnock, but what is become of the netts, etc., I know not; I suppose he will give the Lords of the Admiralty an account of them; in my humble opinion they ought to be confiscated, as I did design the French scooner (upon the confession of the French men) should have been, if she had not been wrecked, or otherwise I must have given up H.M. right to the Island of Tobago; therefore all the satisfaction I can give the master of the French scooner, is to let him know he ought not to have fished upon the coast of Tobago, in that the property of that island belongs to the King my Master, upon which I suppose the Governor of Martinico will assert his Master's right to it; for I hear, tho' that island be not yet settled, that he has appointed a Deputy-Governor there, and expects to have it confirmed in a little time from France. As to Charnock, I can't think he has been guilty of any act of piracy by taking the turtle, for not only because the French have no liberty of fishing on the coast of Tobago, but even if they had, the turtle belonged to anybody who had a right to fish, and should take possession of and secure them on board his vessel; for in what place the liberty of fishing is in common no particular person has a right to inclose any part of it for a repository for his own use; But who alone have a right to fish may hinder others from doing the like, and chalenge the fish they find in their hands. As to the netts, they might be considered almost as a derelict, yet Charnock's slaves had no right to value them, nor the French to build a hutt to deposite them in, etc. Your Lordships will see I have taken all the caution imaginable not to break in upon any jurisdiction the Admiralty may have; for as the world is too apt to censure the Governors in the West Indies for acting arbitrarily and illegally, even some times when they do but their duty, I have chosen rather to represent this, in order to have H.M. commands upon it. I have had the good fortune ever since my arrival in this Island to preserve peace and tranquility amongst H.M. subjects here, but as the turbulent and necesscitous of which there are but too many in these parts of the world, live best in troubled waters, when they can't complain of want of Justice must have recourse to any confusion that may clogg the wheels of the Government; I shall endeavour not to give them any handle by my conduct within my jurisdiction; and I will engage to frustrate their designs if I could but know distinctly what was the true and real jurisdiction of the Admiralty either in relation to the Captains of H.M. ships of war, seizing of vessells at anchor in the port, or under the command of the guns of the forts; as also in relation to the conduct of the Captaius of the men of war who are appointed to attend on the service of this Government. I have found in the Secretary's office here some letters from Captains of men of war who were upon this station in Mr. Lowther's Government (enclosed), and it is natural for anybody in the same station I am, to expect the like treatment, unless the Captains have instructions to the contrary, which I can't tell unless I see their instructions. As to the French your Lops, will observe they endeavour to make themselves masters of all the Windward Islands, Sta. Lucia must in a few years be settled by them; for as the late Earl Stanhope in a conference he had at Paris with the Regent of France, in relation to the grant the French King had given the Marshal D'Estrèes of the said Island, and the pretensions of the Crown of Great Britain to it, did consent that in case the Marshal D'Estrées should recall those he had sent to settle that Island, the French families who had been established there before should remain till the limits of both Crowns should be settled. Now I am informed there are above 300 men capable of bearing arms; and as the names of those families are not specified, should they gradually send others there, who can disprove it? A frigat of 40 guns is lately arrived at Martinico from France for the service of that Island, under the notion of preventing the clandestine trade there; without it that Colony could not subsist, for H.M. Northern Colonies supply the French there with lumber, flower and horses; and from Ireland, and these islands they are supply'd with beef, and other provisions. The vessels that carry on that trade, clear out from hence either for Sta. Lucia, St. Eustatia, or St. Thomas's, but return with no clearances from those islands, in that they are free ports. For the same reason when a French gentleman who came hither lately from Martinico and proposed to me from the French Governor that we should write to our respective Masters in relation to the observance of the 18th Article of the abovesaid Treaty, that neutrality should continue in America, tho' any breach should happen between the Crowns in Europe; I told him I would not meddle in that affair. Concludes as postscript of following letter. Signed, Henry Worsley. Endorsed, Recd. 5th, Read 25th Jan., 1724/5. 21 pp. Enclosed,
398. i. Petition of Jean Garraud, Master of the French schooner Romaine of Martinique, to Governor Worsley. Described in covering letter. Signed, Jean Garraud. Endorsed, Recd. 5th Jan., 1724/5. 2 ¾ pp.
398. ii. Deposition of Jean Garraud, Barbados, 7th Nov., 1724. v. covering letter. Signed and endorsed as preceding. French. 3 ½ pp.
398. iii. Deposition of François Chevalier, Jean Pistolet and Jacques La Granade of the schooner Romaine. Corroborate preceding. Signed, Jean Fras. Chevalier, Jean Pistolet, Jacques La Granade, their marks. Dated and endorsed as preceding. French. 4 ½ pp.
398. iv. Deposition of Stephen Charnock, mariner and late owner of the sloop George, John Wransford, mariner and late Commander, Joseph Charnock, mariner, and Richard Jackman, merchant. Described in covering letter. Signed as above. Dated and endorsed as preceding. 4 ¼ pp.
398. v. Copies of letters from Capts. Charles Constable, Daniel Morris, and Francis Hume, R.N., to the Governor of Barbados, 1715–1718. v. C.S.P. under dates and Minutes of Council of Barbados. Endorsed, Recd. 5th Jan. 1724/5. 3 pp. [C.O. 28, 18. ff. 110–120, 121v.–128, 130–133v.]
Nov. 16.
399. Governor Worsley to the Duke of Newcastle. Duplicate of preceding covering letter with P.S.—As I have received an additional Instruction not to pass any bill laying a duty on European commoditys imported in English vessels, and whereas, by the last bill of Excise, dutys are laid on Irish liquours, Rhenish, French, Portugal, and Greek wines etc. I have sent a copy of the said instruction to the present Assembly, in order for their passing, out of hand a bill to repeal those clauses in the Excise bill; and in a week's time I suppose it will be passed. Signed, Henry Worsley. Endorsed, Rd. 5th Jan., 1724/5. 13 pp. Enclosed,
399. i–iii. Duplicates of enclosures Nos. ii–iv, preceding.
399. iv–viii. Duplicates of enclosures Nos. i–v preceding. [C.O. 28, 44. Nos. 90, 90 i–viii.]
Nov. 16.
400. Duke of Newcastle to the Council of Trade and Plantations. Encloses, for their enquiry and report, "a letter from Monsieur de Maurepas Secretary of State for the Marine affairs in France to the Count de Broglio, the Most Christian King's Ambassador here, directing him to apply for the King's Order to the Governor of the Leeward Islands, that he should redress a wrong done by one Molineux of Montserrat to one Garet of Guardeloupe in detaining 14 negroes who had run away from him" etc. Signed, Holles Newcastle. Endorsed, Recd. Read 20th Nov., 1724. 1 p. Enclosed,
400. i. Copy of letter from M. de Maurepas to M. le Comte de Broglie, referred to in preceding. Fontainebleau, 14th Oct., 1724. (N.S.) French. 2 pp.
400. ii. M. de Feuquière and M. Blondel to M. le Comte de Maurepas. Martinique, 16th June, 1724. Copy. French. 1 p.
400. iii. Copies of papers relating to above claim. French. 20 ¾ pp. Nos. i–iii endorsed as covering letter. [C.O. 152, 14. ff. 374, 375v–387v.]
Nov. 17. 401. Governor Philipps to the Council of Trade and Plantations. Encloses following papers from Canso. Signed, R. Philipps. Endorsed, Recd. 17th Nov., 1724, Read 8th Dec., 1725. 1 p. Enclosed,
401. i. List of fishing rooms laid out at Canso. 30th July, 1724. Signed, Alex. Cosby, Major. Same endorsement. 1 p.
401. ii. Memorial of the principal and greatest part of those concerned in the Fishery at Canso to Governor Philipps. Express appreciation of his wintering there and steps taken for their protection etc. From these encouragemts. we have made a great improvmt. in the Fishery, and have this year encouraged many to come down that were never here before etc. Praise Major Cosby whom H.E. left in command. Believe the Fishery would increase greatly every year "were it not to our great surprise and consternation, that Major Cosby shewed us a letter from Mr. Surveyor General Lechmore, desiring him to assist Mr. Thos. Wroe, whom he appointed Collector of Canso etc. One and all are determined to quit the place, and not to putt a fish on board any vessell, from, or for Europe. This resolution being laid before Majr. Cosby, he shewed us a letter writen by your Excellency 19th March, 1721, at Canso, to Mr. Sirvr. General, giving your oppinion and wise reasons, yt. there ought not to be any interruption given to this new Settlement for some years etc. Mr. Wroe then thought proper to desist from taking the oaths etc. until he hears from Mr. Sirvr. General, which we humbly conceive (if determined by him) we shall breath only this summer. We have presumptive reasons, that the appointing a Collector at this time was concerted by a sett of people in a neighbouring Coloney, who had their private views, either to engross a channel of trade to themselves, or endeavour the entire extirpation of this Settlemt. Fear their fishing may be interrupted by the caprice of a Collector etc. "The majority of us have families in New England, and well settled, and intended to bring them to Canso and fix" etc. 21 signatures. Endorsed, Recd. 17th Nov., 1724, Read 8th Dec, 1725. 3 pp.
401. iii. A list of those (45) who had fishing rooms laid out for them, by order of Governor Philipps and Major Alexander Cosby. Canso, 30th July, 1724. Signed, Alex. Cosby. Same endorsement. 1 p.
401. iv. Certificate given by Major Cosby for fishing room laid out at Canso. Copy. 1 p.
401. v. List of vessels (115) that arrived at Canso for the fishery, 1724. Signed dated and endorsed as No. ii. 1 p.
401. vi. Major Cosby's Orders for the regulation of Canso. Whereas last year many differences did arise etc., and great complaints has been made, that men have run into idleness, by too many persons selling liquor, etc.; Appoints 15 of the most knowing men in this place to decide all controversial matters etc., who are to appoint a Clerk and keep Minutes. Peter Boudre, a Member of Council, John Henshaw, J.P., Capt. John Calley, Hunking Wentworth, Thomas Wroe, Capt. Richard Piek, Capt. Hugh Read, Capt. William Arnold, Joshua Pierce, Capt. Peter Kenwood, Capt. Andrew Robinson, Capt. Michael Franklin, Capt. Thomas Mower, George Mobs, Elias Davis. These persons met on 1st July, 1724, appointed John Coit to be their Clerk and John Gumley, Constable. They drew up 17 Articles of Rule and Government, which all H.M. subjects in this place are required to observe. Signed, A. Cosby.
The 17 Articles: (i) That special respect be had to the Laws of Great Brittain for the trying any cause etc. (ii) That drunkenness, slandering, quarrelling, Sabbath-breaking and the like abuses be heard and try'd before one single Justice of the Peace, (iii) That all debts not exceeding 40s. shall be determined before one Justice of Peace, (iv) That all matters of controversie, whether occasioned by a non-performance of contracts, trespassing or removing settled bounds etc. shall be decided by five at least of those appointed, one of which to be a Justice of the Peace, (v) That said persons shall meet weekly on Tuesday at 5 of the clock in the afternoon, five at a time alternatly, at the house of Mr. Parrot and Ginnings, and Capt. Wright and for default of non appearing shall suffer the penalty of 10s. unless good reason be shew'd to the contrary, (vi) That the complainers grievance shall be in writing with his name affixt to it. (vii) That the plaintiff or complaint, shall be obliged to pay all damages and charges that may arise by his failing to prove his complaint etc. (viii) That no complaint or plea that may be made (criminal cases excepted) shall obligate the defendant to answer under 24 hours notice, and that he shall be notify'd by a man under oath. (ix) That no Commander or owner of vessells or shipping, or shoreman shall be oblig'd to pay any debts contracted by their men, without their leave and approbation, (x) That two taverns be allow'd in Canso (Fort-Hill excepted), the one at Capt. Thos. Wright's, and the other at William Austin's; and that no other person shall presume to keep an inn without licence of the Commander in Chief, on penalty of £5 for each offence, (xi) That the inn-holder take special care that every person in his house, repair home to their quarters at or before the hour of nine at night, on penalty of 10s. for the innholder; and 5s. for every person so offending, (xii) That the necessary charges of trying any action or cause, be first paid out of the fines and forfeitures etc. and the overplus to and for the support of the Governmt., and to be dispos'd of at the discretion of the Commander in Chief. (xiii) That any man neglecting his duty either as sailor, shoreman or fisherman, to the detriment of those he is concern'd with, shall be liable to pay the damages as shall be made to appear etc. (xiv) That no crew shall break up their voyage contrary to their contract, without the consent of the owner, shoreman, or the major part interested in the voyage, (xv) That owners and shoremen on penalty of damage sustain'd, shall be oblig'd to supply their vessells with all necessarys for the good of their voyages, if to be had in the place, (xvi) That there be seven or eight judicious men chosen and sworn to decide any difference that may arrise between buyer and seller of fisher, concerning cullage, which men are to be chosen by sd. persons appointed to inspect such affairs, and the buyer and seller are to pay their equal share in culling or cullage to the culler, (xvii) That whereas power has been given to several persons by the Commander in Chief to regulate and keep a strict watch; it's ordered by the Authority aforesaid that the watch be sett at 9 of ye clock at night, at places appointed, and that every person shall repair to their own places of abode, on penalty of being apprehended and taken up by the Watch; or at least complain'd to some Justice of the Peace, who shall fine him according to discretion. And the Watch shall examine and know the persons they may see, after the hour 9. And if they will not answer or stand by first, second, or third calling, and give an accot. of themselves, they shall be accounted as enemies, and treated accordingly. All mercht. vessells are oblig'd to keep watch and pass the word. Endorsed as covering letter. 2 large pp. gummed together. [C.O. 217, 4. ff. 288, 289v–295v.]
Nov. 17.
402. Mr. Popple to Governor Worsley. Refers to letter of 20th Aug., and acknowledges letter of 30th July, my Lords having nothing in command for you at present." Continues: When the new Excise bill shall be sent over, I will take the first opportunity of laying the same before their Lordsps. My Lords have already received answers to all the Queries lately sent to the several Governors of H.M. Islands in America, excepting Barbados; which their Lordships daily expect from you; that being the only thing wanting to enable them to make a full representation upon the state of H.M. Islands in America. [C.O. 29, 14. p. 406.]
[Nov. 17.]
past twelve.
403. George St. Amant to [? Mr. Popple]. Requests that the hearing of the Jamaica Act be postponed, the Duke of Bolton being out of town (v. 11th Nov.) If not, will attend as his Grace's Counsel. Signed, George St. Amant. Endorsed, Recd. Read 17th Nov., 1724. 1 p. [C.O. 137, 15. Ff. 201, 201v.]
Nov. 19.
404. Mr. Popple to Mr. West. Encloses, for his opinion in point of law, Act of Jamaica, 1703, for ascertaining H.M. quit rents etc. [C.O. 138, 16. p. 506.]
Nov. 19.
405. Same to Same. Encloses shipwrights' petition (Oct. 19), for his opinion "how the law stands at present with respect to this matter." [C.O. 5, 915. p. 426.]
Nov. 19.
406. Duke of Newcastle to the Council of Trade and Plantations. Encloses following for their report. Signed, Holles Newcastle. Endorsed, Recd. Read 20th Nov., 1724. 1 p. Enclosed,
406. i. Petition of Jeremiah Browne to the King. In 1715 Major Ralph Willet obtained a grant of 100 acres in the former French part of St. Kitts, and built a sugarworks etc. His widow Mary obtained a grant thereof from the Governor, married Marmaduke Bachelor and sold said lands to petitioner for £500 in May last. In 1721 John Burnet petitioned your Majesty to be continued in possession of lands falsely represented by him to have been granted to him from the Chief Governor in 1713, 40 acres of the land purchased by petitioner being included therein. Upon H.M. letter of 22nd Sept., 1722, Burnet obtained a grant from the Governor accordingly. Upon hearing petitioner's case, the Council of the said Island gave their opinion to the Chief Governor that he should revoke that grant, which he has not done. Prays H.M. to continue him in said 40 acres. Same endorsement, 1 1/8 th pp.
406. ii. Petition of John Burnett to the Duke of Newcastle. Governor Douglass in 1713 granted to petitioner and Edward Warner about 80 acres in the former French part of St. Kitts. In 1715 Lt. General Matthew granted the same lands to Ralph Willett, who forcibly dispossessed them. On 31st Dec, 1718 H.M. signified to the Governor of the Leeward Islands that Warner should be restored. Petitioner not being expressly named, the Governor restored Warner only to 40 acres. Upon petitioner's application, H.M. ordered that he too should be restored, which was done after a full examination in Council of Mr. Bachelor's pretensions. Bachelor, being greatly indebted, was soon after forced to fly to St. Eustatia to avoid his creditors, but before he left, and after the Governor had granted the land to memorialist, he made a general sale of his effects to Jeremiah Browne, who under colour thereof claimed and maintained possession of the lands. Petitioner obtained a verdict at law for recovery of possession, but Browne petitioned the Governor to resume petitioner's grant upon pretence that he had obtained H.M. order upon the false suggestion that he had settled said lands at great expence. The words referred to applied generally to the several other plantations and persons to whom the order also applied. Petitioner had begun to make a settlement, but was hindered from going on therewith by Mr. Willett etc. withholding possession from him. Prays to be restored etc. Copy. Same endorsement. 1 ¾ pp.
406. iii. Grant of lands to John Burnet and Edward Warner referred to in preceding. 10th April, 1713. Signed, Walter Douglas. Same endorsement Copy. 1 p.
406. iv. H.M. Order for continuing James Milliken, James Gordon and John Burnet in their grants etc. 22nd Dec., 1721. Countersigned, Carteret. Same endorsement. Copy. 1 ¾ p.
406. v. Deposition of John Willett, St. Xtophers. 6th July 1724. Deponent knew Samuel Calas, merchant of this Island, who died in the beginning of 1713. His widow told him her husband had settled and improved some lands in the French quarters, and that Mr. Burnet who had acted as private Secretary to General Douglas had promised to get him a grant of 60 acres, which had encouraged him to begin his settlement, but Mr. Burnet had afterwards taken the grant for 80 acres in the name of himself and Edward Warner, which grant included the lands so settled by her husband. She and her brothers were then in possession of and lived upon 30 or 40 acres, which are the lands now in dispute, till 1715, when Major Ralph Willett obtained a grant and dispossessed them etc. Signed, John Willett. 1 p.
406. vi. Deposition of Peter Soulegre. St. Xtophers. 6th July, 1724. Confirms preceding. Signed, Pre. Soulegre. 1 p.
406. vii. Deposition of Peter Brotherson. St. Xtophers. 6th July, 1724. Confirms No. v. Signed, P. Brotherson. ½ p.
406. viii. Deposition of Phineas Pinkethman. St. Xtophers, 6th July, 1724. Tenant of the lands in dispute confirms No. v. etc. ¾ p.
406. ix. Petition of Jeremiah Browne to the Governor in Council. St. Christophers, 19th June, 1724. All the suggestions upon which John Burnet obtained the Order from the Secretary of State were false. He was never in possession of the lands or at one penuy expence in the settlement thereof. Prays that his grant may be superseded by one to himself. Signed, Jeremiah Browne. Copy. 2 pp.
406. x. Minutes of Council of St. Christophers, 6th July 1724. Upon hearing preceding petition, the Board advised H. E. to revoke Mr. Burnet's grant, and referred to his judgment the passing of a grant to Mr. Browne of the lands in question. H. E. declared that he would await H.M. pleasure therein, on this new information. Copy. 1 p.
406. xi. Deed of Sale for £500 of the grant of 100 acres made to Mary Willett (Bachelor) to Jeremiah Browne. 9th May, 1724, and receipts etc. for the £500 pd. by him on that account. Signed, Marmaduke Bacheler, Mary Bacheler. Copy. 2 pp. Nos. v–xi endorsed as covering letter.
406. xii. Mr. Secretary Craggs to the Governor of the Leeward Islands. Duplicate of C. S. P. 31st Dec., 1718. Same endorsement, 1 p. [C.O. 152, 14. ff. 388, 389v.,–391v., 392v., 393v., 394., 395v.–396v., 397v., 398, 399, 400, 401, 402, 403–404, 405, 406v.–407v.]
Nov. 20.
407. Lt. Governor Hope to the Council of Trade and Plantations. Encloses trial of sloop Salamander (v. 22 Aug.) Continues: I must intreat your Lordps. that this tryal may be perused by those who are vested with the power of giveing of instructions to the Judges of the Admiralty Court here for the better regulation of their proceedings etc., else it will be altogether in vain for a Custom Officer to pretend to put his instructions in execution here. I believe it is not expected that I shou'd lay before your Lordps. the point of law in such a case as this is: but I find it my duty to acquaint you that I have perused all the proceedings of the Court of Admiralty here, and I do not find that ever any criminal was allow'd any of that liberty which has been granted to this deffendant whereby the common course of Justice has been retarded and the prosecutor oblidged to ane exorbitant expence. I do not find that the Governour has power by his Instructions to apply a remedy in such cases; nor has the Judges either law or experience sufficient to support them in a tryal where any one of the partys have a mind to be troublesome as this deffendant is upon all occasions. I shall trouble your Lordps. with none of the particulars save one and that is with relation to the appeal. The Governour's Commission as Vice Admiral does direct that in all causes tryed in any of the Courts of Admiralty here the party who is cast is to be allowed ane appeal to the High Court of Admiralty in England, and here is an Act of Assembly confirm'd at home directing all appeals to be made to the King in Council; which very Act I am order'd to have a particular regard to by my instructions in the cases of fines and penalties impos'd here for misdemeanours which with humble submission I do imagine does not comprehend the tryal in question. But so it is that the Judges have granted ane appeal with distintion to whom: or in what manner. I found it wou'd have been to no purpose for me to have interpos'd my authority by directing the appeal into its proper channel. For the appellant did protest against the jurisdiction of the Court (as I may call it) before the commencement of the tryal: so that I have chose not to meddle in it, because, tho' I had; it cou'd not have hinder'd this turbulent creature's complaint to H.M. in Council with which he has (from the beginning) threatn'd the Judges, the Justices of the Peace; and the Collector etc. Refers to enclosures. Signed, John Hope. Endorsed, Recd. 15th Jan., 1724/5, Read 30th June, 1726. 3 ¼ pp. Enclosed,
407. i. Duplicates of Nos. 408 i.–iv. The whole endorsed, Recd. 15th Jan., 1724/5, 114 ½ pp. [C.O. 37,11. ff.155–210, 211–214, 217, 217v., 218v.; and (abstract of covering letter) 37, 24. pp. 24, 25.]
Nov. 20.
408. Lt. Governor Hope to the Duke of Newcastle. Duplicate of preceding covering letter. Signed, John Hope. Endorsed, Rd. Feb. 10, 1724/5. 3 pp. Enclosed,
408. i. Proceedings of Court of Admiralty, Bermuda, 9th Sept.—28th Oct. 1724. The ship Salamander, (v. Aug. 22) upon a libel exhibited by John Aytoune, Collector of H.M. Customs, was condemned for illegal trade together with the goods seized in her without cocquets etc. Dependant was granted an appeal. 92 pp.
408. ii. (a) Commissioners appointed to appraise said ship and the condemned goods. 28th Oct. 1724. Signed, Wm. Outerbridge. Henry Tucker. 1 p.
(b) Appraisement by said Commissioners. Total: £964 0s. 11 ½d. Signed, Robt. Dinwiddie, John Bennett, Leonard White, James Burchall, Patrick Macknight, Henry Corbusier. 6th Nov. 1724. Copy, 1 p.
408. iii. Reply by John Aytoune to Capt. Bell, which the Judges refused to record upon Mr. Jones' objecting to it. Copy. 8 pp.
408. iv. Joint affidavit by John Carter, Naval Officer, and Richd. Tucker, Register, upon above order of the Court. Copy, 1 ½ pp. [C.O. 37, 28. Nos. 23, 23 i.–iv.]