Journals of the Board of Trade and Plantations, Volume 4, November 1718 - December 1722. Originally published by His Majesty's Stationery Office, London, 1925.
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Journal, August 1721
A letter from Mr. Burnet, Governor of New York and New Jersey,
dated the 18th of June last, was read, and the papers, therein referred
to, were laid before the Board, viz:
List of vessels trading inwards, from Michaelmas to Christmas, 1720.
A like list, from Christmas, 1720, to Lady Day, 1721.
List of vessels trading outwards, from Michaelmas to Christmas, 1720.
List of vessels trading outwards, from Christmas, 1720, to Lady Day, 1721.
Whereupon a letter to the Lord Carteret was immediately drawn up and signed, for inclosing a copy of the postcript of that abovementioned from Mr. Burnet, relating to the French fortifying themselves at Niagara, and endeavouring to seduce the Senecas, one of the five nations of New York Indians.
The draught of a letter to Mr. Lowndes, upon what General Hamilton writes, in his letter of the 19th of May, which was read the 25th of the last month, relating to the inhabitants of the Virgin Islands, was agreed and ordered to be sent.
Their Lordships taking into consideration the Act passed in Jamaica in 1715–16 intituled, An Act to prevent all fraudulent trade to Hispaniola and other foreign parts, directions were given for preparing the draught of a representation to His Majesty for the repeal thereof.
Mr. Humphrey Morrice and other merchants trading to Jamaica, attending, and being asked if they had anything further to offer on the subject of their petition and representation, referred to this Board by the Lord Carteret's letter of the 4th of May last, complaining of an unwarrantable proceeding of Sir Nicholas Lawes, Governor of that island, in ordering some of their ships to be searched and part of their loading taken out of them, Mr. Morrice said, he conceived, the single question upon that affair to be, whether the said Governor had any legal power to direct such seizure on board the ships, which he was of opinion the Governor had not, either by the Revenue Act of Jamaica, upon which Sir Nicholas Lawes seems to ground his proceeding, or by any law of this kingdom, supposing the indigo on board had been French indigo, as suggested by the governor. That foreign indigo is by law importable into this kingdom, paying double duty here; that the masters of the vessels from whom several parcels of indigo were taken, were not required to prove that the same had paid the duty at Jamaica, nor was any proof made that it had not; upon the whole, Mr. Morrice and the other gentlemen present, desired their Lordships would please to represent, that restitution might be made, as prayed for in the said petition, of the goods seized or the value thereof.
Their Lordships then took into consideration the draught of a representation to His Majesty, upon the copies of a letter and memorial received from the Marquis de Pozobueno, minister of His Catholic Majesty, and referred to this Board by the Lord Carteret's letter of the 29th of March last, relating to the trade of the Canary Islands, with respect to this kingdom and the British plantations, and made a progress therein.
Their Lordships made a further progress in considering the draught of a representation to His Majesty, upon the copies of a letter and memorial from the Marquess de Pozobueno, the Spanish minister, relating to the trade of the Canary Islands, with respect to this kingdom and the British plantations, and ordered that Mr. Carkesse, Secretary to the Commissioners of the Customs, be desired to let this Board have, as soon as possible, a very exact account of the duties now payable per ton on all Spanish and Portuguese wines, distinguishing the different sorts of wine, and the several drawbacks allowed thereon.
The draught of a letter, ordered yesterday to be prepared, to the Lord Carteret, in answer to his Lordship's of the 4th of May last, upon the petition and representation of several merchants trading to Jamaica, complaining of an unwarrantable proceeding of Sir Nicholas Lawes, Governor of that island, in ordering some of their ships to be searched, and part of their lading taken out, was read, and a progress made in the consideration thereof.
Their Lordships taking again into consideration Mr. Newman's memorial, mentioned in the Minutes of the 3rd inst., relating to an Act of the Province of New Hampshire, for a powder duty, directions were given for sending a copy of the said memorial to Colonel Shute, His Majesty's Governor of the said province, directing him to send his reasons for suspending the execution of the Act passed there in 1702, intituled, An Act about powder money, which had been confirmed by the Crown.
A letter from Mr. Carkesse, of the 7th inst., in answer to one writ him the 1st of the last month, for the opinion of the Commissioners of His Majesty's Customs, relating to the searching some ships at Jamaica for foreign indigo, etc., was read, whereupon the draught of a letter to the Lord Carteret, in answer to his Lordship's of the 4th of May last, upon the petition of several merchants and others on that subject, was agreed and ordered to be transcribed.
The Lord Belhaven. appointed Governor of Barbadoes, attending, and desiring dispatch of his instructions for that government, his Lordship was asked if he had any persons to recommend to be of the Council of that island, or objections to any of the present members thereof, whereupon his lordship said, he submitted to this Board the nomination of the Council, but observed that Mr. Barwick stands suspended from his place in the said Council by directions from the Lords of the Treasury to the late Governor.
The Lord Belhaven being withdrawn, ordered that the Secretary write to Mr. Horace Walpole, to know whether the Lords of the Treasury have any objection to the said Mr. Barwick's being reinstated in his place in the Council of Barbadoes.
Copy of an Order of Council, dated the 23rd of May, 1721, approving a report from the Lords of the Committee for hearing Appeals etc. upon several petitions, a report of this Board and other papers relating to the proceedings of Mr. Cox, President of Barbadoes.
Copy of an Order of Council, dated the 28th of May, 1721, for repealing an Act passed in Barbadoes, in June, 1720, for the better preserving the peace and tranquillity of that island, (Duplicate V. fol. 168).
Copy of an Order of Council, dated the 28th of July, 1721, referring two representations from this Board upon a Barbadoes Act, appointing security to be given by appellees, to the Lords of the Committee.
Copy of an Order of Council, dated the 9th of July, 1721, referring to a Committee of Council the representation of this Board, of 30th June, 1721, upon a memorial of the co-partners for settling the Bahama Islands.
Copy of an Order of Council, dated the 28th of July, 1721, referring a representation of this Board of the 17th of the same month, upon an address of the Council and Burgesses of Virginia, to a Committee of Council.
The Lord Provost of Edinburgh, Colonel Monro, Mr. Wightman, Mr. Steward and Mr. Hamilton attending, Mr. Attorney General's report, dated the 3rd inst., upon the heads of a patent for the co-partnery of freemen burgesses of the Royal Boroughs of Scotland for carrying on a fishing trade, was read to them, and their Lordships having some discourse with them thereupon: those gentlemen agreed to what Mr. Attorney proposes about a fixed time for elections on avoydances in case of death or disqualifications, and said, they should be willing to give the proper notification in such public papers at Edinburgh, as were printed by authority there; as to what Mr. Attorney mentions in relation to the 5th and 6th articles, they objected, that if larger sums than therein mentioned were required to qualify Governors, there would be too few of the nominees in the co-partnery qualified upon the reduction of the capital, and many voters in the co-partnery would by this reduction be precluded from voting in the company; as to the objection made to the 17th article, if the company should borrow more money upon their bonds than the value of the real estates purchased by the said company, it was agreed that the estates of such directors granting or issuing such bonds should be made liable to answer the same; as to the articles Nos. 21 and 23, these gentlemen alleged they were agreeable to the laws of Scotland, and desired that they might be inserted on that condition; and in relation to the South Sea Company they further agreed that the said Company should see the draught of this intended charter, before the same should pass the seals; as to Mr. Attorney's observation concerning the Act of Parliament of the last session, which established the Companies of Insurance, they said that clause was peculiarly adapted to the Insurance Companies, and that the inconveniences suggested by Mr. Attorney, would be obviated by the directors being prohibited the buying or taking in of any stock for the behoof of the Corporation; and in relation to a time proposed by Mr. Attorney, to be limited and specified in the charter for transferring any share of this corporation after any contract for the same, they submitted it to the Board; but their Lordships particularly inquiring concerning the receipts, which have been delivered, on account of the co-partnery, to several proprietors, and acquainting the gentlemen present with the necessity of their being called in to prevent any ill use being made of them by selling or disposing of them, to the prejudice of ignorant and innocent persons; the said gentlemen agreed that the charter should not pass till those receipts were recalled, if any had been delivered; and they assured their Lordships that they did not know of any receipts being yet delivered, and at their Lordships instances, they promised to write by the first post to Scotland, for an account, if any, and what receipts have been delivered, in order to recall them by a certain day.
The Lord Provost and other gentlemen abovementioned, having a copy of Mr. Attorney General's said report, with their observations thereon, they left the same with their Lordships: And after they were withdrawn, some directions were given for preparing the draught of a representation upon the Order of Council of the 9th of the last month, relating to the said charter for a fishery in North Britain.
A letter to the Lord Carteret, as agreed at the last meeting in answer to that from his Lordship of the 4th of May last, upon the petition of several merchants and others, relating to the searching some ships at Jamaica for foreign indigo, etc., was signed.
A letter from Mr. Ayscough, one of His Majesty's Council of Jamaica, dated the 3rd inst., in answer to one writ him the 29th of the last month, relating to his absence from that island, was read, together with an inclosed copy of His Majesty's licence to the said Mr. Ayscough to remain in this Kingdom a year longer.
Ordered that the Secretary write again to Mr. John Moore, another of the members of His Majesty's Council of Jamaica, to acquaint him that if he does not soon return an answer to the letter writ him the 29th of the last month, their Lordships will be obliged to represent to His Majesty, that his place in the said Council be supplied by another person.
A letter from Mr. Nivine, agent for Antegoa, dated the 1st instant, in answer to some queries upon an Act of that island passed there, in 1718, intituled, An Act for establishing a Court of King's Bench, Common Pleas and Errors, for the better regulating and settling due methods for the administration of Justice, etc., was read; and the draught of a representation for the repeal of the said Act, as also of another Act passed likewise in the same island in 1718, intituled, An Act for declaring the qualifications of those who shall vote for Assembly or vestrymen in this island, or serve as such, and for ascertaining the rules, rights and priviledges of Assemblies, was agreed and ordered to be transcribed.
A letter from the Lord Carteret of the 4th instant, signifying His Majesty's pleasure that this Board prepare an instruction for Colonel Hart, Governor of the Leeward Islands, agreeable to that which the Board were directed by His Lordship's letter of the 5th past, to prepare for the Lord Belhaven, was read, and directions thereupon given for preparing such an instruction accordingly.
A letter from Mr. Marsh, of the 4th inst., desiring in behalf of Dr. Wickham, to have copies of the proceedings in Antigua, upon the orders transmitted by direction of this Board relating to an Act passed about building a church in St. Philip's parish, was read, where upon ordered that he have copies of the said proceedings, as desired.
Mr. Attorney and Mr. Solicitor General's report in answer to the letter writ them the 30th of June last, relating to the right to Delaware River, and the islands lying therein, was read; whereupon directions were given for preparing the draught of a representation upon Capt. Gookin's petition for a grant of some islands in the said River, referred to this Board by Order of Council, of the 8th of January, 1719–20.
A letter from Colonel Shute, Governor of the Massachusets Bay,
etc., dated the 1st of June last, was read, and the undermentioned
Acts and public papers, lately received from that province, were laid
before the Board, viz:
Acts passed in the Massachusets Bay in 1720.
Minutes of Council, from the 2nd of September, 1720, to the 28th February following.
Minutes of Council in Assembly, from the 2nd November to the 17th December, 1720.
Minutes of Council in Assembly, from the 15th to the 31st of March, 1721.
Minutes of Assembly, from the 15th to the 31st of March, 1721.
Answer of the House of Representatives to Colonel Shute's speech, dated the 21st of March, 1720–21.
A letter from Mr. Carkesse, Secretary to the Commissioners of the Customs, dated the 30th of June last, with an inclosed account of Canary wines imported, from Christmas, 1717, to Christmas, 1719, were again read.
And their Lordships made a further progress in considering the draught of a representation upon the copies of a letter and memorial from the Marquis de Pozobueno, the Spanish Minister, relating to the trade of the Canary Islands, with respect to this kingdom and the British plantations.
A representation, as agreed at the last meeting, for repealing two Acts passed at Antigua in 1718, the one intituled, An Act for declaring the qualifications of those who shall vote for Assembly, or vestrymen in this Island, or serve as such, and for ascertaining the rules, rights and privileges of Assemblies: the other, An Act for establishing a Court of King's Bench, Common Pleas and Errors, and for the better regulating and settling due methods for the administration of Justice, etc., was signed.
A letter from Mr. Horace Walpole, dated yesterday, in answer to one writ him the 8th inst., to know whether the Lords of the Treasury had any objections to Mr. Barwick's being reinstated in his place in the Council of Barbadoes, was read.
Two letters from Mr. Crosse, Consul at the Canaries, dated the 14th of January and 26th of April last, were again read, as likewise a letter from his brother, Mr. Wm. Crosse, dated the 3rd inst.; whereupon ordered that the secretary acknowledge the receipt of the said letters, and acquaint the Consul, that the proper use will be made of his informations, as occasion shall offer.
The draught of a representation, mentioned in the Minutes of the 9th inst., upon the copies of a letter and memorial from the Marquis de Pozobueno, the Spanish Minister, relating to the trade of the Canary Islands, with respect to this kingdom and the British plantations, was agreed and ordered to be transcribed.
A representation, as agreed at the last meeting, upon the copies of a letter and memorial from the Marquis de Pozobueno, the Spanish Minister, relating to the trade of the Canaries Islands, with respect to this kingdom and the British plantations, was signed, as likewise a letter for inclosing the same to the Lord Carteret.
Upon consideration of the draught of a representation upon several Acts passed at Barbadoes from the year 1714 to 1720, ordered that Mr. West, one of His Majesty's Counsel at Law, be acquainted that the Board desire to speak with him on Thursday morning next.
The heads for a patent, mentioned in yesterday's Minutes, to incorporate several freemen burgesses of the Royal Boroughs of Scotland, for carrying on the fishing trade, were agreed and ordered to be transcribed, as likewise the draught of a representation for laying the same before His Majesty.
A letter from General Hamilton, Governor of the Leeward Islands,
dated the 30th of June last, was read, and the several papers, therein
referred to, were laid before the Board, viz.
An Act to impose a duty on sugar, molosses. rum, cotton and ginger, of the produce or manufacture of the French King's colonies, imported into this island.
Passed 12th of June, 1721.
The Memorial of Mr. Dunbar, Surveyor General of the Customs of the Leeward Islands, etc., against the said Act, and the Council's answer to the said memorial.
Minute of Council in Assembly the 26th of June, 1721.
Whereupon ordered that copies of the said letter, Act and other papers, be sent to Mr. Carkesse, to be laid before the Commissioners of His Majesty's Customs, with the desire of this Board to know if the said Commissioners have anything to offer concerning that Act.
A representation for laying before His Majesty the heads of a patent to incorporate several freemen burgesses of the Royal Boroughs of Scotland, for carrying on the fishing trade, as prayed by the petition of Sir Robert Sinclair and others, was signed.
Mr. West, one of His Majesty's Counsel at Law, attending, as desired, their Lordships had some discourse with him concerning the Act passed in Barbadoes in 1719, to quiet the minds of the inhabitants of this island against the terrors and apprehensions they lye under of a Spiritual Court etc., which Act being again read, Mr. West declared in explanation of his report thereupon, that in his opinion there neither is nor can be any spiritual court in Barbadoes, without an Act of Parliament passed here for that purpose; that His Majesty being supreme ordinary in that island, and this Act saving the right and authority of His Majesty, he did not apprehend any inconvenience in confirming the same.
The draught of a letter to Colonel Shute, Governor of New Hampshire, etc., upon Mr. Newman's memorial, mentioned in the Minutes of the 8th inst., relating to An Act about powder duty there, was agreed and ordered to be sent.
A letter from Sir Nicholas Lawes, Governor of Jamaica, dated the 12th of June last, was read, and the tryals of several pirates, therein referred to, were laid before the Board, whereupon directions were given for preparing heads of the several matters complained of in this and Sir Nicholas's former letters relating to the state of that island, to be laid before the Board.
Mr. Horace Walpole, Auditor of the Plantations, attending,
acquainted their Lordships with some objections he had to an Act
passed in Virginia, in November, 1720, mentioned in the Minutes
of the 4th of May last, intituled, An Act for the better discovery
and securing of His Majesty's quit rents, which Act being again
Lieutenant Governor's letter.
read, as likewise what Colonel Spotswood, Lieut. Governor of Virginia, writes in paragraph C of his letter, dated the 16th of January, 1720–21, concerning the said Act, Mr. Walpole promised to give their Lordships in writing what he had to offer in relation thereto.
The Lord Barrington attending, in behalf of his brother, Colonel Shute, Governor of the province of the Massachusets Bay, the letter from him, of the 1st of June last, mentioned in the Minutes of the 9th inst., was again read, and likewise Colonel Shute's speech to the Assembly of 31st of March, 1721; whereupon his Lordship represented to the Board the undutiful behaviour of the lower House of Assembly of the province of the Massachusets Bay, in perversly refusing to comply with every proposal to them from his brother, the Governor, though several things had been recommended to them for the immediate interest of that province, particularly the sending the usual presents for the neighbouring Indians; that they had taken upon them the executive power in ordering certain logs of timber to be secured for the use of the province, which had been seized for His Majesty's use, or for whom they should appear to belong to; that Colonel Shute had done everything in his power for the public service; but since he has exerted His Majesty's prerogative, as attempts have been made injurious thereto, the said lower House of Assembly have reduced his salary by degrees from £1200, to £800 per annum, which last mentioned sum by the difference of the value of their current money, might be between 3 and £400 sterling; that by the riotous and insulting carriage of the populace in the said province towards their Governor, it is to be apprehended there will soon be a dissolution of all government, if he be not supported and encouraged from home; in particular relation to His Majesty's woods in those parts, the Lord Barrington submitted it to the Board whether a comptroller might not be necessary to check the proceedings of the Surveyor of the said woods, who had otherwise opportunities of committing great waste, and in case their Lordships should judge such an office necessary, whether Colonel Shute might not be nominated for that purpose.
A letter from the Lord Viscount Townshend, signifying His Majesty's pleasure that this Board lay before him a representation of the state and condition of His Majesty's Colonies on the continent of America, with their opinion what methods may be taken for the better government and security of the said colonies, as likewise a representation concerning the most proper methods for encouraging the importation of timber, naval stores and mineral ores, from His Majesty's plantations in America, was read; whereupon a progress was made in considering the draught of a representation some time since prepared, relating to the state of His Majesty's colonies on the continent of America.
A letter from Mr. Bridger, late Surveyor of His Majesty's woods
on the continent of America, to the secretary of this Board, dated
Waste, woods, salary.
Hemp in New Hampshire.
the 20th of June, 1720, relating to the wastes committed in the said woods, his want of salary and to a large quantity of hemp sowed in New Hampshire, was read, and the papers, therein referred to, were laid before the Board, viz:
Copy of Mr. Bridger's letter to the three Justices, the day after tryal of three persons for committing waste in the woods, as also of Mr. Taylor's contract, etc.
Letter from Mr. Wentworth to Mr. Bridger, relating to waste committed in the woods.
A letter from the Lord Carteret, of the 23rd inst., signifying His Majesty's having appointed John Hope, Esq., to be Governor of Bermuda, in the room of Benjamin Bennet, Esq., and desiring this Board to direct the draughts of the said Mr. Hope's commission and instructions to be prepared, was read, whereupon directions were given for preparing the said draughts.
A letter from Colonel Hart, appointed Govenor of the Leeward Islands, dated the 16th inst., with one from Colonel Smith, Lieut. Governor of Nevis, and a list of persons proposed to fill up vacancies in the Council of that island, were read.
The draughts of instructions for Colonel Hart, for the government of the Leeward Islands, were agreed, and a letter signed for transmitting the same to the Lord Carteret, to be laid before His Majesty.
A letter from Mr. Acworth, Surveyor of His Majesty's Navy, dated the 11th inst., with an account of the prices of hemp and the quantities contracted for at the Navy Office, from the year 1711 to 1721, was read.
Mr. Joshua Gee attending, as desired, their Lordships had some discourse with him in relation to copper ore, iron, hemp and flax, which may be produced in His Majesty's plantations on the continent of America; and Mr. Gee being desired to let the Board have his thoughts in writing on these subjects, he promised to do the same, with all convenient speed.
Brigadier Hunter, late Governor of New York, attending, as he had been desired, and being asked several questions concerning His Majesty's quit rents in that province, some forts necessary to be built on the frontiers, and about the behaviour of several of the Palatines, some time since sent over to the said province he said, in relation to the quit rents, that one year with another, they now amount to about four hundred pounds sterling per annum: that whilst he was at New York, he had settled the collection of the quit rents there, in a better method than formerly, by obliging the proprietors of land to produce their several patents for the same, who, relying on their juries, had combined to pay no more quit rents at all; and that he believed, when the said quit rents shall be duly collected, they may amount to above eight hundred pounds sterling per annum; that in many of the old grants, the reservations to the Crown have been only the payment of a pepper corn or very small quit rents; but that in the grants, which have been made since the beginning of the reign of Her late Majesty Queen Anne, the quit rents received in such grants have been 2s. 6d. per hundred acres, according to Her Majesty's instructions; that His Majesty's Receiver General at New York receives the said quit rents and accounts for them here in Great Britain; that the same are not appropriated, being as yet mostly taken up by the salary of the said Receiver General, and other charges; as to forts on the frontiers of New York, he said, that in his opinion, one of the properest places for a fortification would be on the New York side of the great Lake behind the Seneca Nation of Indians near Niagara, and if the Indians can be prevailed with to consent to it, it would be the only way to secure and maintain our claim; that the French, who found all their claims on consent of the Indians, extended their limits by first getting leave to erect trading houses in the Indian country, which by degrees they fortified, but that he (Brigadier Hunter) had engaged the Indians to demolish them, or oblige the French to do it themselves; in relation to the Palatines in the province of New York, Brigadier Hunter acquainted their Lordships that the greatest part of those, who had settled at a place called Schorie, had agreed and submitted to his proposals for the land they were upon, but durst not sign the agreement with the proprietors, for fear of the ringleaders among themselves in the disturbances about that settlement.
A letter from Mr. Burnett, Governor of New York and New Jersey,
dated the 12th of the last month, was read, together with an inclosed
memorial from Monsieur Durant, late chaplain at the fort at Catara
Acts to Mr. West.
cony, concerning the establishment of a post which the French have built at Niagara, for the trade of peltry; whereupon ordered, that the Act of New York, mentioned in the said letter, relating to the Indian trade, as likewise the other Acts of that province, not yet considered by this Board, be sent to Mr. West, for his opinion thereupon in point of law, as soon as conveniently may be.
A letter from Mr. Lowndes, dated yesterday, signifying the desire of the Lords of the Treasury to have copies of all such articles or instructions signed by His Majesty, as relate to all or any part of His Majesty's revenues in the plantations, or to the effects taken from pirates, was read; and directions given for preparing copies thereof, as desired.
The draught of a commission, required by the Lord Carteret's letter of the 23rd of the last month to be prepared, for John Hope, Esq., to be Lieutenant Governor and Commander in Chief of Bermuda, being laid before the Board, a letter for inclosing the same to his Lordship, to be laid before His Majesty, was signed.
The draught of a representation, directed the 9th inst. to be prepared, upon the petition of Capt. Gookin, praying for a grant of some small islands in the River Delaware, between the province of New Jersey and Pennsylvania, was agreed and ordered to be transcribed.