America and West Indies
January 1722

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Institute of Historical Research

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Cecil Headlam (editor)

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1934

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1-13

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'America and West Indies: January 1722', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 1-13. URL: http://www.british-history.ac.uk/report.aspx?compid=71995 Date accessed: 23 October 2014.


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Contents

January 1722

Jan. 1.
London.
1. Col. Ekines to the Duke of Newcastle. Enumerates his services in originating packet-service from Falmouth to Portugal and Spain etc., and repeats request for the Government of N. Carolina. Signed, Tho. Ekines. 1 ½ pp. Enclosed,
1. i. Petition of Col. Ekines to the King. Duplicate of [1721]. [C.O. 5, 306. Nos. 7, 7.i.]
Jan. 5.
Charles
Town.
2. Address of the Council and Assembly of South Carolina to the King. H.E. having communicated to us your Majesty's most gracious Speech of 19th Oct., to your Parliament, we could not see the same without being sensible of your Majesties extraordinary care and tender regard for all your subjects, nor without the greatest pleasure to see your Majesty manifested the great Arbiter of Europe, and therefore take leave humbly to congratulate your Majesty on the success of your wise and pious endeavours to settle the publick peace and tranquillity, and the commerce of your Majesties subjects now perfected by the Treaty with Spain, and that between the Czar and the King of Sweden, nor can we pass unregarded, the tender care your Majesty has shewn for the safety and liberty of your subjects crossing the seas, now sufficiently secured by the peace concluded with the Moors. The fruits of this your Majesties wisdom and goodness will be a general blessing and satisfaction to all your Majesties subjects, but what calls on us more imediately (who are the inhabitants of one of your Majesties Plantations in America) for our thanks and acknowledgements, is the encouragement your Majesty desires to give us in furnishing such stores as may be useful for your Majesties Royal Navy, the Glory and Bulwark of the British Nation, and this Colony having furnished Great Britain with more pitch, tarr, and turpentine then any other of your Majesties Plantations, do humbly hope by a due encouragement (as your Majesty is graciously pleased to propose) not only supply those useful commodities, but also all sorts of timbers as well as masts and hemp, and thereby answer your Majesties Royal designes by preserving the ballance of Trade in favour of Great Britain increasing the Navigation, and employing greater numbers of your Majesties subjects. These gracious actions of your Majesty as well as the just care your Majesty is pleased to shew for supporting the publick credit of the Nation especially at this time of the Navy, which in a particular manner affects this Colony in the bounty given by Parliament, the tender and paternal regard you shew to preserve the health and lives of your subjects threatned with contageous distempers, now raging in some parts of Europe are sufficient testimonys not only of your Majesty's piety, wisdom and goodness, but of the prudent choice your Majesty has been pleased to make of a Ministry etc. Signed, Ja. Moore, Speaker; Arthur Middleton, Cl. Concil. Endorsed, In ye Gazette of Mar. 20th, 1721/2. 1 large p. [C.O. 5, 382. No. 26.]
Jan. 6.
South
Carolina.
3. Governor Nicholson to the Council of Trade and Plantations. Refers to letter by Mr. Lloyd, "who I hope in God before this hath been to pay his duty to yr. Lordships, and give you a just and full account of this Province etc. The Assembly meet the 4th instant broke up last night and are prorogued to the 25th instant there is by this opportunity transmitted to him some affairs concerning this H.M. Province and he is to wait upon your Honours for your Lordships' directions and assistance therein." The other Agent, Francis Yonge, designing to sail the latter end of this month, will write by him etc. Signed, Fr. Nicholson. Endorsed, Read 7th March, Read 20th April, 1722. 1 p. [C.O. 5, 358. ff. 117, 118v.; and (abstract) 5, 406. p. 4.]
Jan. 9.4. Mr. Newman to the Council of Trade and Plantations. If a clause lately added to the Bill for further encouraging the importation of Naval Stores from the Plantations, pass as it now stands, it will defeat one of the principal ends of the bill. It proposes to enlarge the jurisdiction of the Court of Admiralty to bounds on the land never known, vizt. to judge of trespasses in the woods of America to 2 or 300 miles from the sea, the extent of some of the provinces named in this clause etc. This will open a wide door to many arbitrary proceedings and malicious prosecutions, for the Judges of those Courts have little or no salaries etc. I have reason to believe that all the English Governments in America where white pines grow will gladly be subject to any law that may really preserve such of them as are fit for H.M. service, and the Province of New Hampshire are so intent upon it, that the Government there have particularly instructed me to request of your Lordships, that the Surveyor General of the Woods may be directed to preserve the mast trees after a better manner, and not suffer'd to obstruct H.M. subjects from getting such timber from thence as is not nor ever will be fit for the service of the Crown, of which there are multitudes of trees that are rotting on the ground that might make good lumber fit for the London or West India markets, by the latter of which a considerable revenue arises to the Crown etc. Signed, Henry Newman. Endorsed, Recd. 9th., Read 17th Jan., 1721/2. 2 pp. Enclosed,
4. i. Copy of clause in Bill for further encouraging importation of Naval Stores, etc., agreed to in Committee 22nd Dec., 1721. 2 pp.
4. ii. Three clauses proposed by Mr. Newman to be added, to qualify preceding clause, if passed. 1 p. [C.O. 323, 8. Nos. 26, 26. i., ii.]
Jan. 10.
Boston in
N. England.
5. Capt. Southack to [? Mr. Popple]. I came from Annapolis Royall 16th Nov., where they ware generaly well. Garrison had the misfortune of all their provision and cloathing being lost in the Bay of Fundy on board a vessel from Canso was cast awaye the 13th Sept., men safed. Sir, I carred Governour Philipps and Major Mascaren to Canso last Augt. Govr. Philipps sent to Placentia for two companies of souldiers which are safe arrived to Canso. At Boston Mr. Cummings informed me that Lt. Young had presented the Lords of Trade with a Mapp of Nova Scotia, which I very much wondered at, he having only my courses and distances out of my books which I give to all the Captains of the Crown ships for the safety of the ships stationed this way. He never was but 15 days on that coast etc. It is very hard for other men to run away with my works. This summer was at Canso H.M.S. Seahorse, Capt. Thomas Durell, to look after the fishery. He is very capable to make a good survey etc. Mr. Cummings says your Honour wants the line I have drawne on a Chart of mine according to the Article of Peace etc. I will send it by the first vessel for England. Signed, Cyprian Southack. Endorsed, Recd. 12th March, Read 5th July, 1722. 2 pp. [C.O. 5, 868. ff. 222, 222v., 223v.]
Jan. 10.6. Governor Phenney to the Council of Trade and Plantations. Sends, by the Bahama galley, which has been delayed, the general draft of these Islands (v. 30th Nov. 1721) etc., "being assur'd by people of the greatest skill here, that it is the best and most correct that ever was, and I hope both that, and it's author will be acceptable to your Lordships." Signed, G. Phenney. Endorsed, Recd. 26th April, Read 1st May, 1722. 1 p. [C.O. 23, 1. No. 43.]
Jan. 10.
Whitehall.
7. Council of Trade and Plantations to the King. Representation upon three Acts passed in New Jersey 1713/14. (i) for shortning law suits etc., (ii) for acknowledging and recording of deeds, etc., (iii) for enforcing the observation of the ordinance for establishing fees etc. Brigadier Hunter, late Governor, hath inform'd us in relation to the two former, that the Judges of ye Supream Courts of Justice in that Province, have represented to him that the said Acts are intirely destructive of their jurisdiction, and unfit to be continued, with whom Mr. Burnett, your Majesty's present Governor doth agree (1st Aug.), for which reason we are of opinion the said Acts should be repealed, and so much the rather because they are intended to be perpetual. And as to the third, which so reduces the fees of the Patent Officers, that 'tis impossible for them to subsist thereon; the sd. Brigadier inform'd us, the said Act was chiefly design'd and calculated as a punishment to a person then Secry. of that Province, who was a man of notorious ill character, and that had been guilty of several irregularities in his office, whom he would have displaced, had he not been a Patent Officer; and for as much as the whole scope of this Act is to take away the accustomed fees of office from persons who do injoy the same by immediate Patent from the Crown, by which appointment of ye Crown the dependance of the Plantations is in some measure secur'd to Great Britain: we are of opinion that these three several Acts may be disallow'd, they appearing to us to be great incroachments upon the Prerogative of the Crown. [C.O. 5, 996. pp. 108–110.]
Jan. 10.8. Petition of John Conrad Weiser, Deputy of the Palatines in New York, to the Council of Trade and Plantations. Prays that no countenance may be given to Jeremy Lange, whom petitioner employed as his interpreter in the business of settling the Palatines, (v. 20th Oct. 1720 etc) and who now without authority from him solicites the Board in their affaires etc. Endorsed, Recd. 10th Jan., Read 18th May, 1722. 1 p. [C.O. 5, 1053. ff. 56, 57v.]
Jan. 11.
London.
9. Deposition of Edward Hext. Deponent lived 28 years in South Carolina, and for 8 years made tar out of light wood and felled green pine trees, but was never able to judge of green pine trees as long as they were standing, whether they were worth while to fell to make tar etc. Signed, Edwd Hext. Endorsed, Recd. Read 18th Dec., 1724. ¾ p. [C.O. 323, 8. No. 52.]
[Jan. 11.]10. Petition of John, Duke of Montagu to the King. The Islands of Sta. Lucia and St. Vincent being part of your Majesty's territories in America, have not hitherto been settled, which if it were done, might be of great advantage to Great Brittain. Ye doeing thereof will be very expensive, yet petitioner is willing to undertake such a great work at his own proper cost and charge etc. Prays for a grant of said Islands to himself and his heirs, "with ye same powers, privilidges and benefits, which petitioner is possess'd of in his Manor of Bewley," and that he "may be appointed Governor of ye said Islands, with power to appoint a Deputy." Subscribed,
10. i. Lord Carteret to the Council of Trade and Plantations. 11th Jan., 1721/22. St. James's. H.M. refers the above petition to the Council of Trade and Plantations for their report etc. Signed, Carteret. The whole endorsed, Recd. 15th. Read 16th Jan., 1721. 1 p. [C.O. 28, 17. ff. 236, 237v.]
Jan. 11.
Whitehall.
11. Mr. Popple to Horatio Walpole. Quotes Governor Burnet's letter relating to presents to the Five Nations etc. Concludes: As my Lords Commissrs. are inform'd the money for the presents to them has not yet been issued, they desire you will remind the Lords of H.M. Treasury to give their immediate orders for the dispatch of the said presents. Set out, N.Y. Col. Doc. V. 645. 1 p. [C.O. 5, 1079. No. 128; and 5, 1124. pp. 273, 274.]
Jan. 11.
London.
12. Samuel Moore to Mr. Popple. Is willing to be struck out of the Council of Jamaica, as he is not returning for three or four years etc. Signed, Saml. Moore. Endorsed, Recd. 12th. Read 16th Jan., 1721/2. Holograph. 1 p. [C.O. 137, 14. ff. 53, 54v.]
Jan. 12.
Charles City
and Port,
South
Carolina.
13. Governor Nicholson to Lord Carteret. Refers to William Hammerton and Francis Yonge who will give accounts and papers of the Province etc. Signed, Fr. Nicholson. 1 p. [C.O. 5, 387. No. 29.]
Jan. 13.
Antegoa.
14. Governor Hart to the Council of Trade and Plantations. After a reasonable passage for the season of the year of seven weeks, I arriv'd here on the 19th Dec., and immediately published my Commission in the most solemn manner. The appearance of ye Country on that occasion was much beyond my expectation; nor was anything omitted that cou'd be done here by the inhabitants to demonstrate their zeal for H.M. service etc. I found the late Assembly disolved by vertue of an Act of this Island which determin'd their sitting at the expiration of three years. I immediately, by the advice of the Council, summoned another, which met at St. John's the first of this instant, and deliver'd myself at the opening of the Session in the manner, your Lordsps. may be pleased to observe in the inclosed etc. Refers to enclosures. The Addresses of the Council and Assembly will shew the disposition they are in; and gives me hopes their future demeanor will be such, that I may have the pleasure of giving a continued information of their being a sincere and a reasonable people. As I intend my self the honour of giving yor. Lordsps. an exact state of the Islands, so soon as I can thoroughly inform my self, I shall not now offer an imperfect relation etc. Signed, Jo. Hart. Endorsed, Recd. 9th March, Read 13th June, 1722. 2 pp. Enclosed,
14. i. Governor Hart's Speech to the Council and Assembly of Antigua, 1st Jan., 1722. I shall exert myself to the utmost to promote the prosperity and safety of these Colonies. It was my good fortune to leave my late Government of Maryland in so much a better condition than I found it. Great Britain now enjoys a universal peace, but I recommend you to put your Island in the best posture of defence, and to remedy the law for the recovery of debts. I have it in command from H.M. that your Laws be instantly revised and a fair collection transmitted to the Council of Trade. Hopes for their concurrence therein etc. Though this was a laborious work in Maryland, yet the benefit reaped made ample amends, by having a confused heap of laws reduced to a compact body happily adapted to even the meanest capacity etc. Same signature and endorsement. 2 pp.
14. ii. Address of the Council of Antigua to Governor Hart. Jan. 1st, 1722. Return thanks for Speech and promise their concurrence etc. Signed, by order, Gilbert Fleming Clk. Council. Same endorsement. 2 pp.
14. iii. Address of the Assembly of Antigua to Governor Hart. Return thanks for Speech and promise concurrence etc. Signed, Ashton Warner, Speaker. Same endorsement. 2 pp. [C.O. 152, 14. ff. 120–122v., 123v.–124v., 125v., 126v., 127v.]
Jan. 14.
Charles City
and Port.
15. Governor Nicholson to Lord Carteret. Refers to letter of 11th (=?12th). On the 12th instant at night I had an accot. that old Mr. Rhett dyed of an appoplex etc. I most humbly propose that if your Lordship think fitt to appoint another [Receiver] he may have full power to examine into all the late Rhett's accots., for it's supposed that he never sent your Lordships an accot. of your affairs signed by himself and sworne to as a just and full accot. and that there were no compositions made by him or orders given to stop indictments by nole prosequi's etc. I think it would have been for your Lordship's interest if he had dyed some years agoe and that Mr. Trott and his family had not been linked together etc. I am afraid at present there are not many persons here quallifyed to succeed Rhett and to examine the accots. Proposes that a successor be sent over for that purpose and to draw up a state of the quit-rents and dues etc. Delay will be very prejudicial etc. Signed, Fr. Nicholson. 1 ½ pp. [C.O. 5, 387. No. 30.]
Jan. 14.
London.
16. Col. Moody to the Council of Trade and Plantations. Encloses answers and affidavits in pursuance of his claim, v. Jan. 1720. Signed, J. Moody. Endorsed, Recd. 16th Jan., Read 15th Aug., 1722. 2 pp. Enclosed,
16. i. Answers to 5 queries sent to Col. Moody by the Council of Trade. The point of land upon which the new Fort is now building was granted by the French King to M. Viddell Parris, sold by him to Mr. John Chavalier for 4000 livres and by him to Col. Moody with the houses etc. thereupon, together with a garden a mile away not worth 20s. a year for 4000 livres=£266 13s. 4d. Said land and houses were let by him to John McGee and Thomas Salmon by lease for £70 a year. Signed, J. Moody. 1 p.
16. ii. Account of compensation for rent, purchase money and expenditure on above property due to Col. Moody £732 2s. 4d. Signed, J. Moody. ½ p.
16. iii. Depositions of Capt. John Linthorn and Capt. Richard Sturzaker. 10th Jan., 1721. Corroborate preceding. Signed, Jno. Linthorn, Richd. Sturzaker. 2 pp.
16. iv. Deposition of William Smith. 11th Jan., 1721. Corroborates preceding. Signed, William Smith. 1 ¼ pp.
16. v. Deposition of George Mills. 10th Jan. 1721. Corroborates preceding. Signed, George Mills. ½ p.
16. vi. Two Orders from the Treasury for payment for lands taken for the fortifications at Chatham, Portsmouth and Harwich, 10th March and 30th Aug., 1715. Copies. 2 pp.
16. vii. Memorandum of original papers and proofs of title returned to Col. Moody. 2 ¾ pp. [C.O. 194, 7. ff. 69, 69v., 70–71, 72, 73–75v., 77, 79, 79v., 81, 82.]
Jan. 16.
Whitehall.
17. Council of Trade and Plantations to the King. Offer, for H.M. confirmation, Act of Antigua, 1721, for raising a tax for paying a publick debt due to Governor Hamilton etc., which provides for the payment of arrears incurred by reason of the deficiency of the Act of 1716, confirmed by H.M., settling £1000 pr. annum currant money upon the Governor in lieu of house rent etc. [C.O. 153, 14. pp. 85, 86.]
Jan. 17.
Whitehall.
18. Council of Trade and Plantations to Lord Carteret. Since our Representation of 30th March and our letter of 28th July, we have receiv'd several accompts of the great confusions in Barbados occasion'd by the irregular proceedings of Mr. Cox etc., and the ill understanding there is between him and the Counsellors whom H.M. has been pleas'd to restore, copies enclosed, by which it will plainly appear how impracticable it is in the present situation to carry on the King's business in that Island, and consequently how necessary it is that a speedy remedy shou'd be applied to this evil. Mr. Cox refers to Minutes of Council of which we presume your Lordship may have reced. copies etc. [C.O. 29, 14. pp. 283, 284.]
Jan. 18.
South
Carolina.
19. Nicholas Trott to [?Lord Carteret]. Refers to several recent letters to him and the Board of Proprietors etc. I should not have presumed to trouble your Lordsp. now but that I heard from several persons here that your Lordsp. is now resolved to assert your rights to this Province and that you had made a publick demand of the Government of Carolina and to be again restored to your rights therein which to be sure was very acceptable news to Coll. Rhett and myself and others that had been always faithful to our trusts and dutyes etc., and who have been made and still are the marke of the Governour's malice upon that account. Hopes that he will constitute a Governour etc., who will be commissioned by H.M. to command H.M. company of souldiers here, and not let any other person have the command of the souldiers to enable him to stand in defyance of your Lordsps. authority invested in your Governour. Though Mr. Nicholson is only a provisional Governour and as such I think his business was only to keep the peace and prevent confusions till your Lordsp's. claim could be decided, yet I suppose your Lordsp. hath been informed by mine and other persons letters how he slights and contemns your Lordsps. authorities and rights in this Province as much as if your Lordsp. had given up all your claims and pretences to ye same. Now everyone here knows that your Lordsp. hath not forfeited your Charter nor no judgment given against you upon the same, nay are assured that a nolle prosequi is entered upon ye scire facias so that the Lords Proprietors are as much Proprietors of the Country as ever you were, and amongst other rights are entituled to all fines and forfeitures. But Governour Nicholson is so far from having any regard to ye right of your Lordsps. and the rest of the Lords Proprietors that he hath appointed a Receiver or Treasurer for the King to receive all fines and forfeitures. And I am told that he hath received already to the value of £600 and upward, which I think doth of right belong to the Lord Proprietors etc. Prays to be continued in his office of Chief Justice and also to have his power restored of making his own Marshal, without which he cannot maintain his authority etc. Signed, Nicholas Trott. 2 ¼ pp. [C.O. 5, 387. No. 31.]
[Jan. 19.]20. Abstract of the grant of the Manor of Bewley (v. 11th Jan.) Endorsed, Recd (from ye D. of Montagu). Read 19th Jan., 1721/2. 3 ½ pp. [C.O. 28, 17. ff. 239, 240, 240v.]
Jan. 19.
St. James's
21. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their report. Signed, Robert Hales. Endorsed, Recd. 21st Feb., Read 2nd March, 1721/2. 1 ½ pp. Enclosed,
21. i. Petition of Joseph Jenks and Richard Partridge, Agents for Rhode Island, to the King. Protest against encroachments by Connecticut and pray that their boundary may be confirmed in accordance with their Charter and the report of the Commissioners of 1664. v. A. P. C. III. No. 4. Copy. 5 ¾ pp.
21. ii. Jer. Dummer, Agent of Connecticut, to the Committee of Privy Council. Reply to preceding. The Colony of Connecticut are only asserting their just rights according to their Charter etc. Pawkatuck and Narraganset Rivers, which are mentioned in the Rhode Island Charter as one and the same, are two different rivers. By thus blending them, a great part of the territory granted to Connecticut by a prior patent is unjustly invaded etc. v. A.P.C. III. No. 4. Copy. 1 ½ pp. [C.O. 5, 1266. ff. 23–26v., 28v.]
Jan. 20.
St. James's.
22. Order of King in Council. Confirming Act of Antegoa for raising a tax for paying a publick debt due to Governor Hamilton etc. Signed, Robert Hales. Endorsed, Recd. 18th, Read 24th April, 1722. 1 p. [C.O. 152, 14. ff. 102, 103v.]
Jan. 20.
St. James's.
23. Order of King in Council. Approving amendments proposed by Committee of the Council to the draft of Instructions to Governor the Duke of Portland (Dec. 13, 1721), as set out A.P.C. III. No. 24. Signed, Robert Hales. Endorsed, Recd. Read 26th Jan., 1721/2. 2 ¼ pp. [C.O. 137, 14. ff. 55–56v.; and 5, 191. pp. 221 a, b, c.)
Jan. 20.
St. James's.
24. Order of King in Council. Empowering Governor the Duke of Portland to fill up a vacancy in the Council of Jamaica upon his arrival etc. Signed, Robert Hales. Endorsed, Recd. 23rd. Read 24th April, 1722. 1 p. [C.O. 137, 14. ff. 135, 136v.]
Jan. 20.
St. James's.
25. Order of King in Council. Repealing Acts of New Jersey, (i) for shortning law-suits, (ii) for recording deeds, etc., etc., and (iii) for enforcing the ordinance for establishing fees, etc. (v. 10th Jan.) Signed, Robert Hales. Endorsed, Recd. 20th. Read 21st Feb., 1721/2. 2 pp. [C.O. 5, 972. ff. 42, 42v, 45, 45v.]
Jan. 20.
St. James's.
26. Order of King in Council. [It appearing from] several papers transmitted by Governor Sir N. Lawes, relating to his having pursuant to H.M. repeated commands, issued his orders in Councill to the Receiver Generall to pay £2706 6s. 3d. and £938 17s. 6d. with interest to Lord A. Hamilton, late Governor of Jamaica, and to others who were of the Councill; but that the Assembly having taken upon them to resolve that H.M. Revenue was no ways chargeable with the said summs, and that the Receiver Generall ought not to be allowed the same in his accounts, the said debts still remained unpaid etc. Ordered, that a letter be sent to the Governor commanding the Receiver Generall without delay to pay the said debts with interest out of the first and readiest of H.M. Revenue in Jamaica, preferable to all other demands whatsoever, and signifying that the same shall be allowed him in his accounts, and that H.M. will support him in the execution of his commands, and in case of his refusall to comply therewith that he shall be prosecuted for such contempt, and further prosecution had to make void his patent etc. Signed, Robert Hales. 2 ½ pp. [C.O. 5, 191. pp. 460 a, b, c.]
Jan. 20.
St. James's.
27. Order of King in Council. Upon reading this day at the Board a report from the Lords of the Committee for hearing appeales, complaints, etc. from the Plantations upon the petition of Bernard Cook of Barbadoes, setting forth, that Governor Lowther having conceived a displeasure and threatned revenge against him, for no other cause as he knows off, but that of his discovering the said Govrs. contemptuous treatment of his Majesty's most gracious letter to him in favour of petitioner concerning his estate in Barbados, which is wrongfully detained from him by severall persons of great interest and authority there, and particularly John Frere Esqr. the said Govrs. nephew, and that the said Govr. to gratify such his resentments did together with Robert Warren and Samuel Adams Gent.: contrive to oppress and injure petitioner under a false pretence that petitioner had uttered some words reflecting on the modesty of the said Warren's wife, and the wife of the said Adams, by causing the Petr. to be bound over to a Petit Sessions of the Peace, where severall Justices from different precincts were sent by the said Govr. and Guy Ball Esq. presided, in order to punish petitioner for the said pretended words without any tryall. Petitioner well knowing the attachment of the said Justices to the Govr. moved to traverse or remove the said complaint to the Grand Sessions, to the end it might be tryed by a Jury of twelve men, but the said Justices, notwithstanding all H.M. subjects have an undoubted right to demand it, absolutely refused to lett the Petr. traverse the same, and taking upon them to hear the said complaint, did without any legall proof against your petr. or any tryall by a jury, take upon themselves to condemn the petr. for the said pretended words, to be publickly whipt, and to have twice thirty nine lashes on his bare back, tho' he never was convicted thereof. Pursuant to the said Orders the petr. was in open Court in the presence of the said Justices publickly whip'd by the common whipper of slaves in an inhuman, cruell and barbarous manner the petr. considers as the least part of his punishment when he reflects upon the infamy and scandall thereby brought upon himself and his posterity. Prays for relief etc. The Lords of the Committee, having first appointed Commissioners on both sides to take and transmit depositions etc. from Barbados, which was done, upon the whole matter report, 11th May, 1720, (i) Petitioner offered no proof of his accusation against Governor Lowther. (ii) The Justices of Peace have proceeded against petitioner without any crime alledged, for that scandalous words spoken of private persons is no grounds for criminall prosecutions. (iii) The said Justices have taken upon them to try the matter of fact without a jury, and to deny the petr. liberty to traverse and remove the proceeding to the Grand Sessions of the Island. (iv) The said Justices have at the prosecution of Warren sentenced petitioner £100 fine before he went out of Court, or to receive 39 lashes, and likewise at the prosecution of Adams, the Justices gave the like sentence. (v) Petitioner not paying the fines, was publickly whip'd in open Court by the common whipper of slaves, and received fourscore lashes save two, on his bare back. And their Lordships are of opinion, that the Justices present in Court at the time of the proceedings against petr., who were Guy Ball, Francis Bond, Thomas Maycock, junr., Robert Bishop, George Barry, John Fercherson, Stephen Thomas and William Kirkham Esqrs., have proceeded arbitrarily and illegally, for that they had not proper cognizance of the matters before them, and have taken upon them to examine wittnesses and determine matters of fact without a jury and have given two sentences which were arbitrary and cruell. H.M. in Councill, approving of said report, is pleased to order that such part of the said accusation as is against Robert Lowther Esq. be, and it is hereby dismist, an d that the abovenamed Justices be all removed from the Commission of the Peace, and as Guy Ball and Francis Bond Esqrs. are of H.M. Councill there, that they be likewise removed from their said posts etc. Signed, Edward Southwell. Endorsed, Recd. 23rd, Read 24th April, 1722. 6 ¾ pp. [C.O. 28, 17. ff. 266–269v.]
Jan. 24.28. Archibald Kennedy, Adjutant to the Four Companies at New York, to the Council of Trade and Plantations. Solicites (i) two Additional Companies in order to extend the frontiers as far as the Lakes, to settle garrisons in the Indian countries, "and particularly at the great fall at Neagara, wch. will be of ye last consequence to those provinces both wch. respect to ye Indian trade, being ye pass where all the far Nations stop, as well as those that live upon the Lakes and ye two great Rivers Mississipi and St. Lawrence" etc. (ii) That care be taken for the Invalids. (iii) and supply of stores and bedding. "Your Lorps. seem to think the country ought to supply the garrisons, but if we are not supply'd till then, the troops on the frontier will desert" etc. We have always been supply'd regularly for above 40 years from the Board of Ordnance till of late" etc. Cf. Governor Burnet's letter, Dec. 2nd, 1721. Signed, Archd. Kennedy. Endorsed, Recd. 24th, Read 25th Jan., 1721/2. 1 p. [C.O. 5, 1053. ff. 26, 27v.]
Jan. 24.29. Mr. West to the Council of Trade and Plantations. Report upon 11 Acts of Antigua, to which he has no objection. Signed, Richd. West. Endorsed, Recd. 24th Jan., Read 18th April, 1722. 2 ¾ pp. [C.O. 152, 14. ff. 98–99v.]
Jan. 24.
London.
30. John Hamilton to the Honble. Edward Carteret and Galfridus Walpole, Esqrs. H.M. Postmaster General. In 1692 King William granted Mr. Neal power to erect posts in North America for 21 years. In pursuance of which grant the Postmr. Generall att Mr. Neal's nomination deputed Andrew Hamilton who with great labour and expence setled a regular post from Philadelphia to Piscataway in New England in all above 500 miles. Mr. Neal being unable to pay the summ of money advanced in setling the posts assigned over his intrest in the Patent to Mr. Hamilton for securing the sd. debt. Mr. Neal dyeing before any part of the debt was paid the right of the patent was vested in Mr. Hamilton and in 1706 Mr. Hamilton's Executrix petitioned for a further inlargement of the first term of 21 years which being referred to the then Postmaster Genll. they in their report to the Lord High Treasurer told his Lordship the debt due upon the post patent was upwards of £3000, and advised the Queen instead of inlargeing the term to take the remaining term of the Patent (being about seven years) and to pay £1664. Accordingly in June 1707 the patent was surrendered, £1664 paid, and I was appointd. Post Master of America under a yearly salary of £200 sterling and continued in that post untill 23rd Nov. last. In that time I used my utmost endeavours for the advancement of the Office but by the decay of trade, the dayly abuses committed by Masters of vessells in not bringing their letters to the Post Office as is directed by the Act of Parliament, and the height of the present establishment, I have not been able so farr to improve the Revenue as to defray all the expence so there was due to me in June last upon the arrears of my own salary £479 18s. 10 ¼d. The late Post Master Genll. wrote to mee that finding the Post Office in America did not defray its own expence they had thoughts of farming it and that they would take what proposalls I should make under their consideration. Accordingly I offered, that if they would order mee what was due upon the account of my salary, I would imediately take the Office into my own hands and pay the Crown £100 pr. ann. That if they did not think fitt to order mee the payment of my arrears which then amounted to upwards of £300 if they would allow mee 3 years clear to reimburse myself, I would att the expiration of 3 years pay to their order the yearly summs of £100. The debt now due to mee being upwards of £500, I humbly renew these proposalls by wch. the Post Office here will be att no expence and after a term of years have a certain profitt.
During my management I have given universall satisfaction. I never had one shilling perquisite etc. Signed, John Hamilton. 2 ¼ pp. [C.O. 5, 1233. No. 59.]
Jan. 24.
1722.
31. Duke of Hamilton to the Council of Trade and Plantations. There being a dispute depending between Connecticut and Rhode Island as to some lands in New England, which may concern the lands he has a right to there, desires copy of representation of 1697 (v. C.S.P. 1697. No. 1234.) Endorsed, 24th Jan., Read 2nd March, 1721/2. ½ p. [C.O. 5, 1266. ff. 29, 30v.]
Jan. 24.
London.
32. Mr. Lloyd to Mr. Popple. Encloses Acts of South Carolina etc. Signed, John Hope. Endorsed, Recd. 24th Jan., Read 28th April, 1722. 1 p. Enclosed,
32. i. List of Acts received from Mr. Lloyd etc. Same endorsement. 2 large pp. [C.O. 5, 358. ff. 119, 120v, 121, 122, 122v.]
Jan. 26.33. John Latimer to the Council of Trade and Plantations. Proposes to wait upon the Board with a scheme for the growing of hemp and flax in a province in America "not yett knowne" etc. Signed, John Latimer. Endorsed, Recd. Read 26th Jan. 1721/2. ¾ p. [C.O. 388, 78. ff. 3, 3v.]
Jan. 31.
St. James's.
34. The King to Governor Sir N. Lawes. Whereas the Lords of the Committee of Our Privy Council have reported unto Us, that notwithstanding you issued your Orders in Council to the Receiver General (pursuant to Our repeated commands) to pay the sums due to Lord A. Hamilton and others of the Council of Jamaica, yet they have not received the same, the Assembly there having taken upon them to resolve, that Our Revenue was no ways chargable with the said sums, and that Our Receiver Genrl. ought not to be allowed the same in his account etc., We having taken the said report into Our Royal consideration are graciously pleased according to what is therein proposed to enforce Our former commands etc., do hereby expressly command authorize and require Our Receiver Genrl., without delay, to pay the said debts with interest out of the first and readiest of Our Revenue there preferable to all other demands whatsoever which said payments shall be allowed him in his accounts, and we will support him in the execution of these Our commands; and Our further will and pleasure is that in case of his refusal to comply herewith you do cause a prosecution to be carried on against him for such contempt and a further prosecution to make void his patent, etc. Countersigned, Carteret. Copy. [C.O. 324, 34. pp. 96–98.]
Jan. 31.35. Thomas Bennett to the Council of Trade and Plantations. On behalf of Lt. Governor Bennett sollicites the speedy confirmation of an Act of Bermuda for supplying the deficiency of several funds for finishing the Governor's house, and repairing the Castle and other fortifications etc., a ship being now ready to sail and the last Act for that purpose expiring in May etc. Endorsed, Recd. Read 31st Jan., 1721/2. 1 p. [C.O. 37, 10. No. 21.]