America and West Indies
April 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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36-56

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'America and West Indies: April 1722', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 36-56. URL: http://www.british-history.ac.uk/report.aspx?compid=71998 Date accessed: 30 August 2014.


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Contents

April 1722

April 3.
Whitehall.
90. Mr. Popple to Mr. Lowndes. Applies for 50 copies of Act to permit the exportation of Irish linnen cloth to the Plantations etc. [C.O. 324, 10. pp. 442, 443.]
April 3.
St. James's.
91. H.M. Commission for Hugh Drysdale to be Lt. Governor of Virginia in the room of Lt. Governor Spotswood. Countersigned, Carteret. Endorsed, Recd. Read 20th April, 1722. 1 1/2 pp. [C.O. 5, 1319. No. 13; and 324, 34. p. 112.]
April 4.
St.
Christophers.
92. Governor Hart to the Council of Trade and Plantations. The Assembly of Antigua met on Jan. 1st, and continued by several adjournments for six weeks following; in which time I met with many difficulties relating to my 33d. Instruction, which impowers me to pass any Act or Acts that shall be done by the first Assembly, to settle upon me such an additional salary as they shall think proper during the time of my Government: But as it has been the constant practice of these Assemblys to keep their Governours dependant on their favours from year to year, they were unwilling to part with what they look'd upon as a priviledge. I urg'd to them the necessity of supporting the dignity of a Governour, in a place where all the necessarys of life are at a most extravagant price; and to put him beyond the least excuse of using little arts to maintain him, which I was uncapable of; and as the Council and Assembly of that Island are compos'd of Gentlemen of a liberal education, their own reason prevail'd most with them to pass the Act inclos'd (to lay a duty on goods imported, and for raising an annual summ for the better support of H.E. during his Government). By this Act such duties are laid on the resident trader as they themselves proposed, which obviates any objections that may be rais'd against it as affecting trade: The scheme was their own overture, and they very well know it will not in reality be prejudicial to them; they only advance the duty, and will take care to repay themselves in the price commodities, so that in the end it falls on the Planter, and he pays it without regrett, because he do's not see it go out of his pocket as a duty impos'd upon him; But least this Island shou'd again be visited with unseasonable weather and be so reduced as to feel the settlement of a certain summ, I made it my concern to share their fate, by making the tonnage of shipping taking off their produce the standard of my settlement; By this method as the number of their ships will depend upon their crops, so will my income; and it cannot be oppressive to them. The Act of Courts (for establishing a Court of King's Bench, Common Pleas and Errors etc.) had the greatest opposition; the former method of recovering debts by law was so ineffectual, that the merchant was deterr'd from taking any remedy at all, where the debt was not very desperate. Besides the great decay of trade which this occasion'd, it proved an encouragement to many unwary people to involve themselves in debts to the value of their estate; because they might pay when and how they pleas'd: the interest of these men (some of whom are in the Assembly) and the mistaken compassion of others for their circumstances, were strong motives with a majority of the Assembly to keep the proceedings of the Courts upon the old ruinous footing; however the pains I took to convince some of them, that they wou'd find interest in justice with much difficulty succeeded; And the Act is pass'd with such alterations, additions and omissions as remove the objections made by Mr. West to the former law: It has further two amendments, the one in favour of trade, the other of the Planter: Hitherto the produce hath been the currant money without any standard to govern the value of it. The Planters agreed upon a price at the beginning of the crop and at that price they paid it without any difference between good and bad, which was a great discouragement to improvements, and such bad sugars were generally made that (at the rate they were paid at) the merchant lost more by the returns than he gain'd by the sales; Now, sugars are to be valu'd and paid at their worth in money, by which dealings will be fairer and at a greater certainty; and the Planter find his reward for the labour of improving. The other alteration is, that, whereas to this time the first Courts held in March (which commonly is the beginning of the crop) before the creditor cou'd carry his process to the length of an execution, the time limited for issueing the writt was near expired, and the produce of the Island consumed: so that the creditor cou'd not often have the effect of his suit within the year, or the debtor must be oppress'd (as it frequently happen'd) by sale of whatever is taken in execution at an under rate for the scarcity of sugars etc. to purchase it: To remedy this evill the Court hereafter will commence in January, judgment will be obtain'd before March, and the debtor will have the whole crop to inable him to satisfye it: Some things in this Act may probably escape me which may still leave room for objections; but I presume none will appear material enough to impede the Royal Sanction; since I conceive (as it now stands) the creditors will have justice without oppression to the debtor, their trade will be reviv'd, and their lost credit restor'd; the Planter will become honest and industrious, and this Island in a short time a flourishing Colony. By the Tax Act (for raising a tax for paying publick debts and charges, and particularly applying the said tax) no levies are raised but such as have been usual, nor are there any new impositions on trade. On the contrary the merchant is eas'd (as much as the state of the publick wou'd admit) of such duties as they complain'd of as burthensome or unequall: particularly, whereas by the preceding Act the transcient trader paid 3 pr. cent. for liquors over and above the duties impos'd on liquours, and were obliged to give upon oath an account of sales without first deducting the liquour duty; so that they paid not only a double duty but a duty upon a duty; They are now wholly reliev'd upon this point, by an exemption of liquours from any other duty than what is particularly laid thereon: Notwithstanding this the proportion of taxes greatly exceeds what the people of late years have thought themselves able to pay, and I have the great satisfaction of having successfully mov'd them to raise so much by this Act as will go a great way towards the discharging the vast debts I found this Island loaded with, so that hereafter the incident charges of the Government will be supported without any sensible burthen either on the trader or planter; and in case of any rupture, which may put them upon their defense, they will be well in a condition to defray the expence of it: I have had also due regard in the application of the levies to the nature of the several demands upon the Publick; and taken care that a large debt due to the representatives of one Mutton, for a ship load of provisions taken from him by the Publick in their distress in the late warrs (wch. hitherto hath not been satisfyed) shall no longer remain a reproach to the Island. I shall defer for a few days what I have to offer etc. Signed, Jo. Hart. Endorsed, Recd. 25th May, Read 13th June, 1722. 4 pp. [C.O. 152, 14. ff. 128, 129v., 130v.]
April 9.
Whitehall.
93. Lord Carteret to the Council of Trade and Plantations. You are to prepare a draught of an Instruction for his Grace the Duke of Portland, pursuant to what is proposed in your Representation of the 28th past, etc. Signed, Carteret. Endorsed, Recd. Read 10th April, 1722. 1p. [C.O. 137, 14. ff. 125, 126v.]
April 12.
Whitehall.
94. Mr. Popple to Mr. Burchett. In reply to 30th March, encloses following:
94. i. Heads of Enquiry for the Commodore of the New-foundland Convoy. Same as April 6th, 1730. q. v. [C.O. 195, 7. pp. 79, 80.]
April 12.
Whitehall.
95. Same to Horatio Walpole. Reply to 13th Feb. Quotes 19th and 111th Articles of Governor's Instructions. Continues: By the Minutes of Council of Barbados it appears that upon Mr. Lowther being recall'd and leaving that Island 30th June, 1720, Mr. Cox being at that time under suspension ye late Mr. John Frere then eldest Counsellor took upon him the administration as President and continued therein till about the 5th Dec. following, for which time my Lords Commissioners apprehend Mr. Frere's Executors may claim the salary due to him as President. But as to ye salary for the time Mr. Cox has acted in that station my Lords Commrs. have no objection to ye payment thereof. [C.O. 29, 14. pp. 295–297.]
[April 12.]96. Fifteen bonds for £500 each, taken by the Commanders of the men of war at Newfoundland, June—Sept., 1721, from masters of New England vessels, only to carry thence the men they brought with them.
Note subscribed by Capt. James Stewart, H.M.S. Winchester, to the bond of William Carley, Master of the sloop Popple of Boston. I am very credibly informed that the above-mentioned Carley did carry away from hence one John Carter belonging to the Four Brothers, Jno. Squarry, Master, and thereby incurred the penalty of the said bond.
Note by same to bond of Joshua Thomas, sloop Sperma City. Mr. Bird, Master of a ship from Biddiford, represented to the Commander of H.M.S. Dolphin at Fermoose, that the boat of said Thomas came on shore there the night before and carried off six men two of which belonged to him etc. The whole endorsed, Recd. (from the Admiralty Office), Read 12th April, 1722. 15 pp. [C.O. 194, 7. ff. 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 52v.]
April 13.
Whitehall.
97. Council of Trade and Plantations to Lord Carteret. Reply to April 10th. Enclose following to be laid before H.M.
97. i. Same to the King. Enclose following:
97. ii. Draught of Additional Instruction to Governor the Duke of Portland. Whereas an Act was passed in Jamaica, 1703, for raising a Revenue to H.M. etc., for 21 years etc., to commence from 1st Oct. 1703; and whereas it was thereby declar'd that all such laws of Jamaica as had been confirmed in Council by King Charles II, 1684, for 21 years, and were not repealed by the said Act, or before the date thereof, should also continue in force for 21 years from 1st Oct., 1703; Now Our will and pleasure is, that upon your arrival in Jamaica, you do represent to Our Council and the General Assembly the great importance it is of, that a perpetual Revenue be provided for the support of Our Government, equal to the present expences and contingent charges thereof, before the expiration of the aforesaid Revenue Act, in consideration whereof we shall consent to make those laws perpetual, which will otherwise expire on or about the 1st of Oct. 1724; But in case the General Assembly of Our said Island shall not be induc'd to make the said Revenue perpetual, which however you are to use your best endeavours to procure, and shall be willing to pass the same only for a term of years by a new Act, Our further pleasure is, that then you give your assent thereto, provided the same be not for less than 21 years, with assurance to Our said Council and General Assembly, of Our allowing in that case and confirming for the same term, all the aforesaid Acts which will otherwise expire on or about 1st Oct. 1724. [C.O. 138, 16. pp. 416–419.]
April 13.
Whitehall.
98. Lord Carteret to Governor Phenney. Acknowledges letter and enclosures of Dec. 26th last. Continues: H.M. approves of the care and diligence you have used, upon your arrival at Providence, for the security and good Government of that and the other Islands. I am to recommend it to you to transmit to me from time to time such further accounts as you shall judge proper for H.M. service. Signed, Carteret. [C.O. 324, 34. p. 113.]
April 14.
Whitehall.
99. Lord Carteret to Governor Burnet. The Lords Commrs. of the Admiralty being informed that there be several perquisites of Admiralty in the hands of persons in New York, who are not authorized to receive the same, and praying H.M. directions may be sent to you to assist Archibald Cummings, Agent for the rights and perquisites of Admty in those parts, in the
recovery thereof and in the further execution of his office, you are to assist him accordingly. Signed, Carteret. [C.O. 324, 34. pp. 113, 114.]
April 14.
Whitehall.
100. Similar letter to the Governor and Company of Rhode Island. [C.O. 324, 34. p. 114.]
[April 16]101. William Nivine to the Council of Trade and Plantations. Prays for a speedy report upon several Acts of Antegoa, Mountserrat and St. Christophers which have been depending for a considerable time. Endorsed, Recd. 16th, Read 17th April, 1722. 1 p. [C.O. 152, 14. ff. 96, 97v.]
April 16.
Whitehall.
102. Bryan Wheelock to Sir Robert Raymond, Attorney General. My Lords Commrs. for Trade and Plantations being now preparing the draughts of Instructions relating to the Acts of Trade and Navigation, which they propose to be renew'd to H.M. Colonies of Connecticut and Rhode Island, and likewise the the draught of an Instruction, to the Governor of the Massachusets Bay, conformable to that given in 1697, to the late Earl of Bellomont, then Governor of that Province, encloses copies of bond referred to in said Instruction, and that of 1702, and desires a draft of a bond proper to be required on this occasion from the Governors of Rhode Island and Connecticut etc. [C.O. 5, 1293. pp. 243, 244.]
April 16.
Whitehall.
103. Lord Carteret to Governor Sir N. Lawes. The Marquis de Pozobueno the Spanish Minister here having represented to H.M., that a Spanish ship, the Notre Dame de la Conception et les ames belonging to Don François Chrisostome de la Torre, was taken, the 4th of July, 1720, by William Laurent, a privateer of Jamaica, that the same was done contrary to the Treaty for the suspension of arms, and that several proceedings have been had thereupon, both in the Court of Admiralty of Jamaica, and before the Governor and Council of that Island, but that the final determination of that affair hath been industriously delayed, in order to defraud the Proprietors of their right, it is H.M. pleasure, that if upon an exact enquiry of this seizure etc., the same shall not appear to you to have been strictly justifyable, you should cause restitution of the ship and cargo to be made etc. Refers to enclosure. Concludes: You will observe therein the delays and difficulties which are complained of in the bringing this matter to a final issue; wherefore H.M. expects, that you should transmit hither the reasons of such delays, and use your endeavours that speedy and impartial justice may be done. Signed, Carteret. Annexed,
103. i. Don Roberto Shée, Agent for Don François Chrysostome de la Torre, Receiver General of the Canary Islands, to the Marquis de Pozobueno. London. 2nd Nov., 1721. Complaint referred to in preceding. French. 4 1/2 pp. [C.O. 324, 34. pp. 127–133.]
April 17.104. Petition of Col. Vetch and others, in behalf of themselves and other Officers who served in the Expedition against Port Royal, to the Council of Trade and Plantations. Pray for a short day to be heard upon their petition, which was referred to the Board 21st July, 1719. Signed, Richard Mullins, Cha. Davison, Robert Kempe, Cha. Bruce, Peter Capon, Alex. Wilson, Cutts Hassan. Endorsed, Recd. 17th April 1722, Read 5th March, 172 ?. 1 p. [C.O. 217, 4. ff. 178, 179v.]
April 18.
Whitehall.
105. Council of Trade and Plantations to the Board of Ordnance. Enquire whether the Engineer ordered for Carolina or any other, has gone since the Governor sailed for Carolina, “where H.M. service may extremely suffer for want of such an officer” etc. [C.O. 5, 400. p. 146.]
April 18.
Whitehall.
106. Council of Trade and Plantations to Lord Carteret. Enclose copy of President Cox's letter, 9th Feb., giving a further account of the disorderly state of Barbados etc. Continue: We are of opinion H.M. service will require that Mr. Worseley be dispatch[ed] to that Government as soon as possible etc. [C.O. 29, 14. p. 299.]
April 18.
Whitehall.
107. Lord Carteret to the Council of Trade and Plantations. Mr. Popple your Secretary having, by reason of his indispositions, desired H.M. leave to resign his office to Alured Popple, his son, H.M., in consideration of his faithfull services, is pleased to grant him his request etc. Signed, Carteret. Endorsed, Recd. 18th, Read 19th April, 1722. 1 p. [C.O. 388, 78. ff. 23, 24v; and 389, 37. p. 216.]
April 19.
Whitehall.
108. Council of Trade and Plantations to Lord Carteret. Reply to preceding. We find ourselves under a necessity of representing the great hardships and difficulties the Board would lye under should H.M. resolve to persist in his present intentions. We shall not my Lord insist upon the right which our predecessors in this Office might have claim'd to the nomination of their own Secretary, tho' we find by our books, that Mr. William Popple's father the first Secretary to this Board, was nominated by the then Commissioners and altho' it be true that Mr. Will. Popple by a signification of her late Majesty's pleasure from the Earl of Sunderland then Secretary of State was upon his father's resignation admitted by the Board to be their Secretary, yet his pretentions were very different from his sons to whom he would now resign that Office for Mr. Will Popple was then Deputy Secritary to the Board, and had by many years service and experience qualify'd himself for the discharge of his duty. Whereas his son is at present the youngest Clerk but one in our Office, and was appointed by the Board so lately as the year 1717. For which reasons we cannot pass over the pretentions of our Deputy Secretary Mr. Wheelock who in our humble opinion has a much better right and is infinitely better qualify'd to succeed etc. Enclose following Memorial. Conclude: Wherefore as well in regard to the difficulty or rather imposibility of going forwards with the business of the Office by the assistance of so young and unexperienc'd a Secretary, as with respect with the justice due to Mr. Wheelock, we could not avoid laying the true state of this matter before your Lordship, and we do earnestly entreat you to lay the same before H.M. whereupon we flatter ourselves H.M. may be prevail'd upon to withdraw his orders in favour of Mr. Alured Popple. [C.O. 389, 37. pp. 217–219.]
[April 19.]109. Memorial of Bryan Wheelock, Deputy Secretary or First Clerk to this Honble. Board, to the Council of Trade and Plantations. Memorialist, being inform'd that Mr. Popple, in consideration of his indisposition and being unable longer to attend the service of the Office, obtained H.M. leave to resign to his son Mr. Alured Popple his place of Secretary, represents that he has served the Board diligently for upwards of 20 years. His firm adherence to the interest of H.M. and the Protestant Succession is well known; and a particular instance thereof before the House of Lords in the last year of her late Majesty's reign was the occasion of his being then dismiss'd from his imployment, and one of the reasons for his being not only restored but advanced to the place of Deputy Secretary to your Lordps. upon H.M. happy accession to the throne. Alured Popple was admitted as Junior Clerk in 1717 and is now the last but one in the Office. Prays to be recommended for office of Secretary in accordance with his diligence, fidelity, zeal and seniority. Signed, Bryan Wheelock. Endorsed, Recd. Read 19th April, 1722. 2 pp. [C.O. 388, 78. ff. 25, 25v., 26v.]
April 24.
Office of
Ordnance.
110. Board of Ordnance to the Council of Trade and Plantations. In reply to 18th inst., state that the Engineer first appointed did not proceed on his voyage. “We soon sent another, who arrived some time ago.” Signed, Cha. Wills, John Armstrong. Endorsed, Recd. 24th., Read 26th April, 1722. 1 p. [C.O. 5, 358. ff. 125, 126v.]
April 24.
Whitehall.
111. Mr. Wheelock to Sir R. Raymond. Presses for draft of bond requested 16th April. [C.O. 5, 1293. pp. 245, 246.]
April 26.
Whitehall.
112. Lord Carteret to Governor Burnet. Encloses following. Signed, Carteret. Annexed,
112. i. Archibald Kennedy to Lord Carteret. Refers to the miserable condition of the garrison at New York and prays for orders for bedding for them before the winter, otherwise it may be of fatal consequence to the frontiers, for it will not be in the power of the Govenor or his officers to keep those troops together. Continues: They have always been regularly supplied from the Board of Ordnance with stores till of late; how it came to be made a charge upon the Province now we know not, nor will it be possible to bring the Country to answer any charge of that kind. What remained of our last supply from that Board was ordered up by Genl. Nicholson, upon the Expedition to Canada, which was all either spoil'd or lost etc. Signed, Archd. Kennedy.
112. ii. Board of Ordnance to Lord Carteret. Office of Ordnance, 17th April, 1722. Reply to his letter referring above memorial. Governor Burnet in July, 1720 made the like demand for that Province, etc., to which we made our report that the Parliament has never made any provision for those services, alledging they were able, and ought to supply themselves, nor have we any officer there. Upon extraordinary emergencies this Board has by warrant from Her late Majty. supplyed them with stores several times to the amount of £10,000 never yet repaid, which has reduced the state of stores here and occasioned a debt upon the Office, whereupon H.M. has thought fit not to give any directions therein etc. Should this demand be complied with, it will be a precedent for other Plantations, and bring an extra charge on this Office for which the Parliament will grant no allowance. Signed, Cha. Wills, John Armstrong. Copy. [C.O. 324, 34. pp. 114–117].
April 26.113. H. Walpole to the Lords Commissioners of the Treasury. Reply to Representation of Assembly of New York, 20th July, (? 30th June), 1721, justifying their Treasurer for having refused to comply with the order of the Lords of the Treasury, 17th Aug., 1720, requiring him “to render an accompt to Mr. Clark my deputy” of the monies raised there for the use of the Civil Government. Continues:–In answer I beg leave to lay before your Lordps. a naked state of the proceedings of the General Assemblys of that Province for some time past in relation to the revenues, and shall leave it to your Lordps. to consider, whether this complaint relating to my fees is not a meer pretence to prevent my deputies auditing and inspecting their accots. and by that means to have the collecting and disposing of the revenues entirely in their own power, etc. Quotes Instructions to Governors etc. Continues: Pursuant to these rules and H.M. Letters Patents (to the Auditor General), the money raised by the Province of New York from the time that it was annexed to the Crown was constantly received and audited by the Crown Officers till 1705; when the Assembly, (my Lord Cornbury being then Governor) suspecting a misapplication of the money they had given from time to time for the defence of their frontiers, and other extraordinary uses, refused to raise any more on that account unless they were allowed to put it into the hands of a Treasurer of their own appointing, and they at last obtained an order from the Board of Trade, whereby they were permitted to name their own Treasurer, when they raised extraordinary supplys for particular uses, and which were no part of H.M. constant and standing revenue. In 1709 upon the expiration of the revenue for the support of the civil Government, the Assembly further insisted upon the nomination of their own Treasurer, even for what they should also grant for that purpose, as a principal condition of their continuing the revenue; and the Lord Lovelace dying just before the determination of that revenue, Colo. Ingolsby, the Lt. Governour, was brought to consent that all the money given by the Assembly should be lodged with the country Treasurer reserving the settlement of it to the succeeding Governor. In 1710, Governor Hunter arriving there, the Assembly resolving still to enlarge their power not only continued to demand the nomination of a Treasurer, but also insisted upon the appointment of all the Officers of the revenue to the utter exclusion of all the Crown Officers, and also of all salarys, not excepting even the Governour's. These demands so injurious to the King's Prerogative and so directly contrary to H.M. Instructions, the Governor constantly rejected. But after having long resisted these arbitrary proceedings, and frequently dissolved the several Assemblys, and finding no effectual remedy applyed at home, he was at last persuaded in 1715 to agree, that the Assembly should appoint the Receiver but no other officers, and the salarys of all officers except the Governour, that the revenue should still be issued by warrants signed in Council pursuant to H.M. Instructions, but with this tacit condition to evade them, that it should be in such proportions and to such officers and other uses only, as they should ascertain in their Journals. And in an Act then passed for the support of H.M. Government there, they first declared the monies to be raised for that purpose to be accountable to the Govr. Council and Assembly and then in order to dispossess the Crown Receiver of his office, inserted a clause, that all monies whatsoever raised by virtue of any Act of General Assembly made for the support of the Government, and by the said Act appointed and directed to be lodged in the hands of the Receiver General, shall be issued etc., By which words it is plain that unless the money so raised by Act of Assembly be appointed by the said Act to be lodged in the hands of the Receiver appointed by H.M., the said Receiver is entirely excluded from the receipt of it. And the Assembly having then and ever since taken care to direct all the monies to be raised by them to be paid into the hands of their own Treasurer, that officer has ever since been effectually deprived of the execution of his office. The only Crown Officer remaining to check their accompts being the Auditor General of the Plantations, their next step was to displace him, and accordingly with that intent in settling the fees and salaries for the respective officers by virtue of the authority they had lately assumed to themselves they artfully left out the Auditors, and took no notice at all of him conceiving no doubt that no strict accounts would be demanded by an officer thus deprived of all his ancient and established fees. But in 1717, upon my succeeding Mr. Blathwaite, I appointed a Deputy in N. York and sent Instructions to him to require of Mr. D'Peyster the Country Treasurer an accompt of the monies raised for the support of the Government to be laid before your Lordps., and after frequent instances of my Deputy, (without taking notice of the fees due for his trouble) he received the following answer etc. 24th July, 1718 “I know you a Gentleman so well acquainted with the affairs of the Treasurer that he is accountable to the Governor, Council, and General Assembly, which is ready to do” etc. So that your Lordps. will be pleased to observe, that the Treasurer thought fit to give no other answer, but that he was accountable to the Govr., Council and Assembly; But as my Deputy, by my direction, continued his application to have the money raised for H.M. use accounted for to H.M., the Assembly being alarmed at it attempted in 1719 in order to remove that only controll upon them, in a bill for continuing the revenue, to add a clause to it (declaring the Treasurer to be accountable to the Govr. Council and Assembly) and no otherwise, and it was with great difficulty that Govr. Hunter prevailed with them to strike out those words, and no otherwise. Mr. Clark my said Deputy being not yet by law excluded from his right of auditing, continued to apply to the Assembly's Treasurer to have his accots. laid before him, and having received evasive answers and at last an absolute refusall found out that the General Assembly before they broke up were come to the following resolution etc.: “That the Treasurer etc. shall account with the Govr., Council and Assembly and not with any other person or persons whatsoever.” These illegal and arbitrary proceedings in violation of H.M. Prerogative, I represented to the Lords Comrs. of H.M. Treasury on 25th June, 1720, who thereupon sent lres. to the Governor and Depeyster, 17th Aug., declaring their dislike of the said Treasurer's behaviour, and requiring him to account forthwith with the Auditor of the Plantations for all the monies by him received for the support of H.M. Government of New York and that any further refusall or delay would be looked upon as a contempt of H.M. authority and would be proceeded against accordingly, etc. Governor Burnet told the Treasurer he must account accordingly, but D'peyster after having desired some days to consider of it, and advise with his friends gave at last this answer, which to prevent any mistake or misrepresentation was wrote down by my Deputy, and agreed to by D'peyster in the presence of Govr. Burnet vizt., Dec. 10, 1720. “Col. Abraham D'peyster etc., upon considering the whole matter, and the several Acts of Assembly etc., thought he should disoblige the Assembly if he accounted with the Deputy Auditor before they met to give their opinion thereon.” However about ten days after, he thought fitt in a letter to the Lords of H.M. Treasury, 19th Dec., 1720, to assure their Lordps., that h e would account with all convenient speed etc. At this time the Governor had recommended at home the continuation of the present Assembly, which was usually dissolved upon the appointment of a new Govr., so that there is too much reason to beleive that D'peyster's letter etc. was purely calculated to gain time, least his disobedience, under the authority and protection of the Assembly, might have occasioned the dissolution of it. For D'peyster has not rendered any accompt to me or my Deputy nor made the least step towards it, and no sooner had the Assembly received leave from hence for their continuance, but among other arbitrary proceedings they called upon Mr. Clark for my lres. patents and of his deputation and instructions from me, and caused the representation now before your Lordps. against my fees to be drawn up, and presented to the Gover., and then proceeded to order a bill to be drawn up entituled, An Act for discharging the late Treasurer Col. Abraham D'peyster from any further demands to be made by the Govr. Council and Assembly on account of his having been Treasurer, etc., which actually passed in the Assembly on 24th July, 1721 etc. But the Govr. upon a representation from my Deputy has not thought fit to give his consent to it etc. I must leave it to your Lordps. to consider whether the pretended extravagant demand of the Auditor's fees of 5 pr. cent. seemed to be at all the question in dispute, and whether it is not plain that this representation against the Auditor's fees has been cooked up, only to divert the resentment of the Crown against a Treasurer, who refused to account with the Officers appointed by H.M. for that purpose. As to my fees I shall entirely submit it to your Lordps. whether it is reasonable that I should audit the accompts of that Province, and keep a Deputy there without any allowance, or what allowance it is fit I should have etc. Recounts history of allowance. As to the Auditor's fees of 5 p.c. being an intolerable burthen etc., now the Assembly have transferred the receipt of the Revenue from the Officer of the Crown to a Treasurer of their own, they have thought fit to allow to that Treasurer the five per cent., which they look upon as so heavy a burthen if paid to the Auditor etc. As to the deficiency of the revenue and their being unable to pay the Officers' salarys, if mine is demanded, I cannot tell why I am not as much an Officer as the rest, or why I should be deprived of my just dues rather than any others. But this I have already demonstrated to your Lordps., not to be the real ground of their complaint, etc. Signed, H. Walpole. Copy, of later date. 8 ¾ pp. [C.O. 5, 1085. No. 40.]
April 26.114. Council of Trade and Plantations to Lord Carteret. Enclose following to be laid before H.M.
114. i. Same to the King. Enclose Instructions for Governor Worseley in the usual form except some few alterations from the Instructions prepared for the late Lord Belhaven etc. The 2nd Article contains the names of the Counsellors which are the same with those inserted in Lord Belhaven's Instructions, (v. 9th Aug., 1721) except that, pursuant to your Majesty's Order in Council of 24th Aug. last, we have inserted the name of Samuel Cox Esq. and likewise left ye place of Samuel Berwick in blank, and by the death of John Frere Esq., and your Majesty having been pleas'd by Order in Council of 20th Jan. last, to remove Guy Ball and Francis Bond Esqrs. from their posts, there being three vacancies etc., we have inserted ye names of Edmund Sutton, William Dottin and James Elliot Esqrs., who have been recommended to us as persons very well qualify'd to serve your Majesty in that station. The 22nd Article relating to Acts for striking bills of credit and issuing the same in lieu of mony as likewise to Acts whereby mony may be paid to the Governor Lt. Governor the Members of your Majesty's Council or to any other person whatsoever, is made conformable to your Majesty's Order in Council of 20th Jan. last upon the draught of Instructions for his Grace the Duke of Portland Governor of Jamaica, as is likewise the 28th Article whereby your Majesty is pleas'd to allow ye Assembly to make an addition to the Governor's salary. The 60th and 64th Articles relating to certificates and licences from the Lord Bishop of London for Clergymen and Schoolmasters in Barbados, are made agreeable to the Additional Instructions which in obedience to your Majesty's Order in Council of 26th Sept., we prepar'd for the late Lord Belhaven. In the 85th Article after the words except Barbados we have added the words and Tobago to make ye same consistent with the three following Articles which are to the sam[e] effect with another Additional Instruction we prepar'd in obedience to your Majesty's commands, 14th Oct. last, relating to the settlement of your Majesty's Island of Tobago. And the two last clauses of the Instructions particularly relating to the Acts of Trade and Navigation we have made answerable to ye Additional Instructions which in obedience to your Majesty's Order in Council of 2nd Oct. last, we have prepared for the Governors of your Majesty's several Plantations. Annexed,
114. ii. H.M. Instructions to Governor Worseley. v. preceding and 9th Aug. 1721.
Articles 64–60 relate to ecclesiastical benefices and schoolmasters. (60) You are not to prefer any Minister to any ecclesiastical benefice without a certificate from the Lord Bp. of London etc., and if any person already prefer'd to a benefice, shall appear to you to give scandal either by his doctrine or manners, you are to use the best means for the removal of him. (61) Your are to give order forthwith (if the same be not already done) that every orthodox Minister be one of the vestry in his respective parish, and that no vestry be held without him etc. (62) You are to enquire whether there be any Minister within your Govermt., who preaches and administers the Sacrament in any Orthodox Church or Chapel without being in due orders, and to give account thereof to the said Bishop of London. (63) And to the end the Ecclesiastical Jurisdiction of the Lord Bishop of London may take place in that Our Island, so far as conveniently may be, we do think fit you give all countenance and encouragement to the exercise of the same, excepting only the collating to benefices, granting licences for marriages, and probate of wills, which we have reserved to you Our Govr. etc. (64) And we do further direct that no Schoolmaster be hence forward permitted to come from this Kingdom, and to keep School in that Island, without the licence of the said Lord Bishop of London, and that no other person now there, or that shall come from over parts shall be admitted to keep school in Barbados, without his licence first obtained.
Articles 85–88 embody instructions for making grants of lands in Tobago, under the restrictions set out supra.
By Article 102 the Governor is directed “earnestly to endeavour the re-enacting that Law (if not already done) whereby all lands seized by process of law for the satisfaction of debts should be sold as formerly, by outcry; and to this purpose you are to acquaint the Assembly how sensible you are what great inconveniences and prejudices do arise to the trade of that Island by the difficulty men find in recovering their just debts, which if by good laws and a due execution of them, it be not timely remedied, will draw certain ruin upon this place, and therefore we earnestly recommend it to your care.” [C.O. 29, 14. pp. 301–350.]
April 27.115. Mr. Attorney General to the Council of Trade and Plantations. Encloses following, as desired. Signed, Rob. Raymond. Endorsed, Recd. 28th April, Read 1st May, 1722. 1/2 p. Enclosed,
115. i. Draught of bonds to be entered into by the Governors of Connecticut and Rhode Island, to observe the Acts of Trade etc. 1 ¾ pp. [C.O. 5, 1266. ff. 34–36v.]
April 27.
Jamaica.
116. Governor Sir N. Lawes to the Council of Trade and Plantations. When the last ships sail'd from hence myself and most of my family were afflicted with sickness which was the occasion of my not sending at that time seven Acts passed in the late Assembly which I have now the honour of transmitting etc. (i) An Act to oblidge the several inhabitants of this Island to provide themselves with a sufficient number of white people or pay certain sums of money etc. and applying the same. This Law is framed in the usual manner with those that have already been sent home upon the like subject, and provision being therein made for subsisting H.M. officers and soldiers till the beginning of November next, I was oblidged to pass that law. (ii) An Act to impower the parishioners of the parish of Kingston to erect proper buildings for a Court house and Exchange etc. The town of Kingston was very pressing for a law of this nature and petitioned the Council and Assembly for it. And as H.M. interest nor any other particular person is thereby prejudiced I readily gave my consent. (iii) An Act to suspend a clause in an Act for ascertaining establishing and more speedily collecting H.M. quit rents etc. After the House had set a considerable time I found them no ways enclined to accomplish what I had with so much earnestness in H.M. name recommended to them especially to put money into the Treasury so as to enable it to discharge the debts affecting the Government nor were they indeed at first enclined either to pass the Deficiency Law or the Additional Duty Bill so that I was put under the greatest difficulties imaginable in what manner to support the Government, and finding by the account I had from the Receiver General that it was impracticable to make a rent roll of H.M. quit rents, as I am required to do by H.M. Instructions, by reason the inhabitants not recording their patents and deeds in his Office as that clause (which is now repealed) directed, and a penalty of ten pounds being put upon all that shall neglect so doing, I ordered the Attorney General to bring informations against all such as had been deficient in that respect. This I knew would bring in a considerable sum to the Revenue and be a means hereafter of H.M. comeing at his quit rents with more ease, but such suites affecting most of the Gentlemen of the Council and Assembly they made great clamour against it, and the Bill which is now herewith sent was brought into the Assembly to suspend the clause aforesaid. When this Bill came before the Council I communicated to them two of H.M. Instructions in relation thereto and endeavoured to perswade them all I could to reject that law, urging at the same time the low state and condition of the Government, and that it was impossible to subsist it any longer without supplies. However the Council passed the Bill and gave me their reasons in writing for so doing but I did declare to them that I would not give my consent to that law until such time the Assembly had thought fit to reimburse the Treasury. For that I was sensible the money ariseing by the informations I had ordered to be brought would raise a sum sufficient to discharge the greatest part of the debts affecting the Government, and since they were so obstinate in having no regard to H.M. recommendations on that head I had no other way to deale with them than by putting some penal lawes in force, which however distastefull it might be to them yet it appeared to me highly reasonable and just even if the present exigency had not required it. Thus stood matters for some days, till several Gentlemen of the Council at last assured me that if I would give my consent to this law the Assembly would throw into the Revenue a sum equal to what the informations would raise, and that the Assembly would likewise forthwith pass the additional duty bill and so they prevailed with m e to give my concurrence to it, which now I heartily repent of. For tho' they did pass the additional duty bill, yet they had no regard to their engagements of reimbursing the Revenue. For soon after this Act was passed most of the Members of the House went to their own homes which occasioned several prorogations for want of the Members giving their attendance: I thereupon issued a Proclamation requireing them to attend at a short day, but I found so little regard was had to it insomuch that a sufficient number was wanting to make a House at the day appointed; this I took to be so great a slight of H.M. authority that I did (with the advice of the Council) dissolve them. (iv) An Act for fitting out a sloop for guarding the sea-coast etc. This Act is exactly framed as that passed last year. The country was so sensible of the benefitt arising by a guard sloop continually cruiseing about the Island, that they have made provision in this bill to defray the charge of such a sloop for twelve months longer. To the passing of which bill I had no manner of objection. (v) An Act for collecting the several outstanding debts of this Island. This Act has a plausible title but if the Receiver General informs me rightly he finds great difficulties in putting several clauses in execution and that little money has hitherto come in to his office upon that account. However I was willing to contribute everything in my power to render the intent of that bill effectual which made me readily consent to it. (vi) An Act for the more easy obtaining partitions of lands tenements negroes and other hereditaments in jointenancy in common and coparcenary. The cheife end of this bill was for the releife of several persons concern'd who are entitled to a moiety of tracts of land which lay now altogether uncultivated for want of a power as is given in this bill to make a division thereof. The persons who are the Proprietors of the other moiety living in remote parts in England or Ireland, so that a writ of partition could not be served upon them, and as a sufficient time is given in this bill for them to make their appearance before final judgment passes and H.M. being no ways injured thereby but the settlement of the Island promoted I humbly recommend this law etc. (vii) An Act to impose duties on several commodities and applying the same to several uses. This Act is much the same with the others of that title formerly sent home etc. These are all the Laws that after so many sessions and recommendations to them came at last to any maturity. Most of their time was taken up on private peeks and animosities amongst themselves and their resentments against Mr. Attorney General carryed them at length to address me to suspend him from the execution of his office but as I was fully satisfyed that address proceeded only from malice and inveteracy against him for espousing the payment of Lord Hamilton's Money and in obeying my orders in bringing the informations beforementioned and there being no manner of foundation for the rest of the allegations in the said Address I thought it not proper for me to comply with their request. The Proclamation for dissolving the Assembly incerted in the Minutes of Council etc. sufficiently sets forth their conduct and my reasons for parting with them. Recommends the passing of an Act to settle Revenue in Jamaica as in previous letters. Continues:—By the Receiver General's accounts herewith transmitted your Lordships may please to observe that as yet there is no money in the Treasury to defray any of Lord Hamilton's debt and that there is now due to me for salary £4375 and how it can be expected any Governour can live here without a salary I leave to your Lordships to judge especially when I do solemnly declare to your Lordships that the perquisites of my Government is not so much as bread to me so that I must have starved if I had not had a small f ortune of my own to live upon which I have even in some measure exhausted in support of my character as H.M. Governour and in doing him service. I observe in the prints and I have it likewise from private hands that H.M. has been pleased to appoint his Grace the Duke of Portland to succeed me in this Government; the greatest honour that could possibly have been done to me, to be succeeded by a person of his noble birth and character, his many bright and shining accomplishments will undoubtedly gain him the hearts and affections of all H.M. subjects here and his profound judgment and experience in publick affairs will render the governing part easy to him. I have only sincerely to ask that His Grace may accomplish those matters for the King and Countrey's service which it has not been in my power to effect. I have no reason to doubt of H.M. justice or your Lordships good inclinations to do me service. This emboldens me to intreat the favour of your Lordships' recommendations to H.M. for his royal letter of lycense to leave this countrey without molestation that I may return home to lay myself before His Royal feet to give an account of my stewardship. I have likewise to pray your Lordships for your recommendations to H.M. for his order that after Lord Hamilton's debt is discharged my salary may be next paid before any others. This must appear to your Lordships but highly reasonable and just for without this I presume his Grace will insist on having his salary and other exigencies of the Government discharged before mine etc. Returns thanks for the Board's many favours to himself etc. Signed, Nicholas Lawes. Endorsed, Recd. 23rd July, Read 15th Aug., 1722. 10 1/2 pp. [C.O. 137, 14. ff. 145–151v.]
April 28.
Whitehall.
117. Bryan Wheelock, acting Secretary to the Council of Trade, to Mr. West. The Commodore of the Newfoundland Convoy being directed to enquire whether the New England traders continue to entice and carry away handycraftmen, seamen and fishermen from Newfoundland to N. England; and being for prevention of such practice instructed to require of all the masters of the New England ships and vessels who depart from Newfoundland before the convoy, respectively to enter into obligations not to carry away any of the sd. seamen etc., encloses Articles 44 and 45 of said Heads of Enquiry and the copy of a bond taken pursuant to the said Instructions by Capt. Stewart, Sept. 1721 etc. The Council of Trade and Plantations desire your opinion how the said Instruction is warranted by Law, and how such of ye sd. bonds as become forfeited, are recoverable. [C.O. 195, 7. pp. 80, 81.]
April 28.
Whitehall.
118. Lord Carteret to the Council of Trade and Plantations. The Governor, Council and principal inhabitants of the Bahama Islands having humbly pray'd, that H.M. would be pleased to grant them leave to elect an Assembly, in order to their being enabled thereby to raise funds for rebuilding the Fort at the Island of Providence, and for carrying on such other public works, as are necessary for the general good and support of that Colony; you are to report your opinion upon this request etc. Signed, Carteret. Endorsed, Recd., Read 1st May, 1722. 1 p. [C.O. 23, 1. No. 40.]
April 28.
Whitehall.
Treasury
Chambers.
119. Lords Commissioners of the Treasury to the Governor Burnet. Reply to his letter, 20th July, 1721, transmitting Representation of Assembly of New York, 30th June, 1721, q.v., and refer to the Auditor General's reply thereto, April 26, 1722. Continue:—We are of opinion that the behaviour of the Treasurer in not accounting according to H.M. positive Instructions to you, and the directions received from hence is a very arbitrary and unwarrantable proceeding, and a contempt of H.M. authority, and that this excuse relating to the Auditor's fees has no manner of colour or foundation in it, the revenues having ever since they were under the management of the Assembly's Treasurer exclusive of the Crown Officers been as much loaded for the expense of management, as they were while under the receipt and audit of the Crown Officers; But the true state of this matter even from the Treasurer's own evidence, as well as from the Journals and other proceedings of the Assembly, appears to be, that the Assembly having by very extraordinary methods dispossessed the Receiver of H.M. revenues constituted by letters patents of the execution of his office, and taken upon themselves to nominate an officer of their own for that purpose, in order to get the entire management and disposition of the revenues raised for the support of H.M. civil Government there independent and unaccountable to the Crown, have encouraged, supported and even directed this Receiver not to render any account to the Officer appointed by the Crown to audit the same etc. Wee pray and require you to take the most effectual measures, that the Treasurer of the country, or any other person or persons who have had at any time the receipt of the revenues of New York in their hands, and have not yet accounted for the same with the Auditor, do forthwith deliver to the Auditor of the Plantations or his Deputy particular and distinct accompts of the receipts and issues of the said revenues in order to be examined and allowed by him, and that the said Auditor be allowed for his care and charge in passing the said accompts at the rate of 5 pr. cent. upon the amount of the same, and all arrears thereof, out of the first mony due or to become due to H.M., which is or shall be in the hands of any Treasurer or Receiver upon any of the branches of the said revenues, and that the said proportionable allowance be established and reserved for the Auditor's fees on the amount of the accots. so to be audited by him, the said allowance appearing to us to be reasonable and agreable to what was formerly settled by the Govr. and Council of New York, and to what is practised in other Colonies in America. And whereas you must needs be sensible by the Instructions given to you, and to the Govrs. of all other provinces that the Assembly have no other power relating to the disposition and management of the Revenues raised for the Government of New York, than from time to time to view and examine the accompts of the same, and whereas the behaviour of the Assembly in diverting the receipt of H.M. revenues from the officers appointed by H.M. Letters Patents and their proceedings in consequence thereof, are a very great invasion of H.M. Prerogative, and may tend to their making themselves independent of the Crown of Great Britain, wee pray and require you to use your utmost endeavours to have the receipt of all the revenues of that Colony returned into the hands of the proper officers appointed by H.M. for that purpose; and you are to acquaint us from time to time in what manner these orders have been complyed with, that such further measures may be taken as shall be found necessary etc. And H.M. having lately been pleased to constitute Archibald Kennedy Esqr. to be Collector of his revenues at New York, we desire you to take care that he gives sufficient security for the faithfull discharge of his office etc. Signed, R. Walpole, R. Edgcumbe, H. Pelham. Copy, of later date. 3 pp. [C.O. 5, 1085. No. 41.]
April 30.
St. James's.
120. H.M. warrant granting leave of absence from Barbados for 12 months to Richard Carter, Attorney General. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 119.]
[? April]121. Mr. Cox to the Council of Trade and Plantations. Since my last I have nothing to trouble your Lordships with, but a repetition of the same complaint against the members of Council, who still refuses to concurr with me, and the Assembly in the administration of the Governmt., and who by their caballing and contriveing to absent sometimes some of them and sometimes others, do prevent the holding Courts of Chancery and Errors, and stop the channells of Justice; and notwithstanding my admonition according to my 11th Instruction do still persist therein. Mr. Colleton and Mr. Maycock but especially Mr. Colleton (as the inclosed deposition will shew) do avow their neglect in such an insolent rude manner, as I perswade myself, your Lordships will think unfit to be offer'd by one Gentleman to another, much less to a Commander in Chief, and one who has the honour of the Commission H.M. has been pleased to intrust me with. And unless I have good assurances of a more diligent conduct in a constant attendance on H.M. service, I shall think myself indispensibly obliged to put H.M. 11th Instruction in execution: which I shall be sorry to do now, at the latter end of my administration. Signed, Saml. Cox. Endorsed, Recd. 2nd, Read 4th July, 1722. Addressed. Holograph. Without date. 1 p. Enclosed,
121. i. Minutes of Council of Barbados, 17th April, 1722. Thomas Maycock and John Colleton were suspended for wilfully neglecting to attend etc. Endorsed as preceding. 12 pp.
121. ii. Deposition of Oliver Cooke, one of the Deputys of Oliver Kennedy, Provost Marshal of Barbados. 14th April, 1722. Testifies to the receipt of a summons to Council by John Colleton, at the house of Constant Kelly. Colleton said he knew nothing of his Honour Cox but that he had stolen a sheep or a ship, and that he would not come to Council etc. Same endorsement. 1 p. [C.O. 28, 17. ff. 270, 271v–277v., 279v., 280, 281v.]