America and West Indies
June 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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79-99

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'America and West Indies: June 1722', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 79-99. URL: http://www.british-history.ac.uk/report.aspx?compid=72001 Date accessed: 01 September 2014.


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Contents

June 1722

June 1.
St. James's.
164. H.M. Additional Instruction to Governors of the Plantations. Whereas We have been inform'd that a clandestine trade is carry'd on, as well by British as foreign ships from Madagascar and other parts beyond the Cape of Bona Esperanza, within the limits of trade granted to the United East India Company, directly to Our Plantations in America, to the great detriment of these Realms, and in breach of the several laws in force, relating to Trade and Navigation, Our will and pleasure is, that you Our Governor, or in your absence the Commander-in-Chief of Our sd. Colony, do duly and strictly observe and cause to be observ'd the several good laws and statutes now in force for the regulating of Trade and Navigation; particularly the several Acts of Parliament already mention'd in your Instructions, and also those contain'd in the following list, vizt.:—
i. An Act passed in the 9th and 10th year of K. William III, for settling the trade to the East Indies.
ii. An Act passed in the 11th and 12th year of K. William III, for the more effectual suppression of piracy.
iii. An Act passed in the 8th Year of Q. Anne, for continuing several impositions and duties upon goods imported etc.
iv. An Act passed in the 4th year of Our reign, for declaring the law relating to pirates etc.
v. An Act passed in the 5th year of Our reign, against clandestine running of uncustomed goods etc.
vi. An Act passed in the 5th year of Our reign for the better securing the lawful trade to and from the East Indies.
vii. An Act passed in the 7th year of Our reign for the further preventing H.M. subjects from trading to the East Indies under foreign commissions etc.
viii. An Act passed in the 8th year of Our reign, for the encouragement of the silk manufactures of this Kingdom etc.
ix. An Act passed in the 9th year of Our Reign, to prevent the clandestine running of goods etc.
x. An Act passed in the 10th year of Our Reign for the more effectual suppressing of piracy.
(Copies of which Acts you will herewith receive) and that if you or Our Commander in Chief for the time being shall be found negligent or remiss in your duty in an affair of so great importance to our service and the welfare of Our subjects, It is Our fix'd and determin'd will and resolution, that you or such Comr. respectively be for such an offence not only immediately remov'd from your imployment and be liable to the fine of £1000, as likewise such other fines and forfeitures, pains and penalties, as are inflicted by the several laws now in force relating thereunto, but shall also receive the most rigorous marks of Our highest displeasure, and be prosecuted with the utmost severity of Law. And in order to the better execution of the laws and statutes aforemention'd, upon the first notice of the arrival of any ship or ships within the limits of any port of or belonging to your Government, which have or are suspected to have on board any negroes, goods, or commoditys of the growth, produce, or manufacture of the East Indies, Madagascar, or any other parts or places beyond the Cape of Bona Esperanza, within the limits of trade granted to the United East India Company, pursuant to the aforemention'd Act of the 9th and 10th of King William, you shall immediately cause the Officers of Our Customs in your Government (and any other officers or persons in aid of them) to go on board such ship or ships and to visit the same, and to examine the masters or other commanders, the officers and sailors on board such ship or ships, and their Charter parties, invoyces, cocquets and other credentials, testimonials, or documents, and if they find that such ship or ships came from the East Indies, Madagascar, or any other parts or places beyond the Cape of Bona Esperanza within the limits of trade granted to the sd. United East India Company, and that there are on board, any such goods, commodities, or negroes as is abovemention'd, that they do give notice to the master, or other person having then the command of such ship or ships, forthwith to depart out of the limits of your Government without giving them any releif, support, aid or assistance, altho' it should be pretended that such ship or ships were, or the same really should be in distress, want, disability, danger of sinking, or for or upon any other reason or pretence whatsoever; and that you Our Governor or Comr. in Chief do, by no means suffer any goods, merchandize, or negroes from on board such ship or ships to be landed or brought on shore, upon any account or excuse whatsoever. And it is Our further will and pleasure, that if any ship or ships, being foreign having on board any such goods, merchandize, or negroes, do not, upon notice given to the Master or other person having the command thereof as soon as conveniently may be, depart out of the limits of your Government and from the coasts thereof, without landing, selling, or bartering any of the sd. goods or negroes, you Our Govr. or the Comr. in Chief shall cause the sd. ship or ships and goods and negroes to be seized and proceeded against according to law, but if such ship or ships having such goods or negroes on board, and entering into any port or place, or coming upon any of the coasts or shores of Our sd. Colony of—, do belong to Our subjects, and do break bulk, or sell, barter, exchange, or otherwise dispose of the sd. goods or negroes, or any part thereof contrary to law, you are to take care, that such ship or ships, with the guns, tackle, apparell and furniture thereof, and all goods and merchandizes laden thereupon, and the proceed and effects of the same be immediately seiz'd, and that the laws in such case made and provided be put in execution with the greatest care, diligence, and application; But if any ship belonging to the subjects of any foreign State or Potentate, having on board any negroes or East Indian Commodities, shall be actually bound to some port or place in the West Indies belonging to any foreign Prince or State from some Europe an port, and such ship shall happen to be driven in by necessity and be in real distress, the same may be supplied with what is absolutely necessary for her releif: But you shall not take, have, or receive, nor permit or suffer any person to take, have, or receive any negroes or other the sd. East India commodities in payment or satisfaction for such releif. That if any Officer of Our Customs or other Officer employ'd by you Our Governor or Comr. in Chief, in visiting, searching, or seizing such ship or ships, goods, merchandize or negroes, be corrupt, negligent or remiss in the discharge of his duty therein, We do hereby require you to suspend him from the execution of his sd. office; and that you do by the first opportunity send an account of such officer's behaviour to one of Our Principal Secrys. of State and to Our Commissrs. for Trade and Plantations, that care may be taken that such officer be remov'd from his employment, and further punished according to his demerit. And Our further will and pleasure is, that you Our Govr. or Comr. in Chief do constantly, from time to time and by the first opportunity that shall offer, send to one of Our sd. Principal Secrys. of State and to Our Commissrs. for Trade and Plantations true, full and exact accounts of your proceedings, and of all other transactions and occurrences in or about the premises or any of them. Copy. Signed, G. R.
Memdm. In the Instruction to Charles, Lord Baltimore, Governor of Maryland, and Sir William Keith, Deputy Govr. of Pensilvania, instead of the words underlin'd in preceding, ("It is . . such other), were inserted the words following: We shall esteem such neglect to be a breach of the aforesd. Laws, tending to the forfeiture of those letters patents granted by Our Royal Ancestors for the Government of that Province, as likewise of the bond enter'd into by you to Us, when we approved of you to be Govr. thereof; and both you and every other person and persons whatsoever concern'd therein shall such—.[C.O. 324, 34. pp. 136–144.]
June 1.
St. James's.
165. H.M. Instructions to the Governor and Company of Rhode Island and Providence Plantation, in pursuance of the Acts of Trade and Navigation. [C.O. 5, 191. pp. 461–479.]
June 1.
St. James's.
166. Same to the Governor and Company of Connecticut. [C.O. 5, 191. pp. 480–513.]
June 2.167. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to 31st May. We are of opinion that the three years allowed by this Charter [of the Massachusetts Bay] either for the repeal or confirmation of laws [passed there], are to be taken to commence from the time they are respectively presented to H.M. in his Privy Council, the words of the clause being plain and express for that purpose. Signed, Rob. Raymond, P. Yorke. Endorsed, Recd. Read 6th June, 1722. 3/4 p. Enclosed,
167. i. Clause in the Charter of the Massachusetts Bay referred to in preceding.
167. ii. H.M. Instructions (No. xv) to Governor Shute relating to transmission of laws by the first opportunity etc. [C.O. 5, 868. ff. 207, 208–209, 212v.]
June 2.
Secretaries
Office,
Boston.
168. Mr. Willard to Mr. Popple. Encloses Journal of Assembly of the Massachusetts Bay, Nov. 7th, 1721—March 2nd, 1722, with the Acts then passed, and Minutes of Council, Sept. 1721—Feb. 1722 etc. Signed, Josiah Willard. Endorsed, Recd. 17th, Read 30th Aug. 1722. 1 p. Enclosed,
168. i. Receipt for above. Signed, John Brett. Slip. [C.O. 5, 868. ff. 306, 307, 308v.]
June 4.
Whitehall.
169. Circular Letter from Lord Carteret to the Governors and Proprietors of the Plantations. The Postmasters General having appointed Mr. Jno. Lloyd their Deputy for North America and the West Indies, etc., you are to give him all the assistance you can in putting the several Acts of Parliament relating to the Post Office in execution. Signed, Carteret. [C.O. 324, 34. pp. 124, 125.]
June 5.
Whitehall.
170. Council of Trade and Plantations to the King. Recommend for confirmation Act of New York laying a duty of 2 p.c. on European goods imported etc. [C.O. 5, 1124. pp. 283, 284.]
June 6.
Whitehall.
171. Same to Governor Burnet. Acknowledge letters 28th Dec., 1720–March 18, 1722. Continue:—observing thereupon that the Act to lay a duty of two pounds in every hundred pounds value prime cost of all European goods imported etc. has a clause therein pursuant to your Instruction deferring the execution thereof till H.M. shall have declared his Royal approbation, altho' we are extreamly averse to any Acts whereby the trade and shipping of Great Britain may be effected, yet considering the present necessities of your Govt., as well as the services to which the produce of the said Act is to be apply'd; we have laid the same before H.M. for his Royal approbation etc.; As to the other Acts we are preparing a Representation to be laid before H.M. etc. We take notice, in your letter of 26th Nov., 1720, of what you mention there concerning the trading House, which the French have set up near the Falls of Niagara upon part of those lands which the natives have long since alienated to the English, whereupon we recommend to you the continuing a watchful eye upon ye French proceeding least they make any fresh encroachment upon H.M. Territories or correspond, or extend their trade with our Indian Nations, which we hope will be effectually prevented, and our trade secured by the Fort which your intend to erect at Niagara, for which we would advise, that you take the consent of the Indian Proprietors, as well as upon all other occasions of the like nature. We writ long since to the Lord Carteret, and to the Treasury upon the immediate necessity there is of sending ye usual presents to the Five Nations of Indians, whereupon the Treasury have order'd the money for the presents, but nothing is done as yet in relation to the stores of war, neither is there any great probability there shou'd; your Province being already so much indebted to the Board of Ordnance upon this account, who cannot lay out any mony beyond the Parliamentary provisions. We did as you desire, 26th Nov., 1720, represent the necessity of removing Peter Schuyler and Adolphus Philips from the Council etc. v. C.S.P., 18th Feb. 1721. Continue: We commend your generosity in remitting the 5 per cent, on the whole fishery, during your time, and your prudence in continuing the licences whereby you oblige the people, and preserve the King's Prerogative. We hope you have receiv'd a Commission for appointing Philip Levingston Secretary to the Indian affairs etc. We are glad to hear (16th Oct. last) of the good success you have had at your meeting ye Indians at Albany, and hope you will continue your utmost endeavors to cultivate a good correspondence with them. We are very well pleas'd with the new settlement you have begun to make on the Lake Ontario, to which we desire you wou'd give all possible encouragement as it is likely to establish so considerable a trade with the far Indians, and secure them from being molested by the French at Niagara. We also approve of ye use you have made of ye letter from the Govr. of Canada, whereby you explore the designs of the French to the Indians, and you was in ye right to insist that their proceedings in some particulars have been directly contrary to the Treaty of Utrecht, etc. As there is at present no great prospect of settling the boundaries between the French and our Plantations in America, you will do well do extend our settlements with proper precautions as far as you can. We have writ to the Lord Carteret to desire him to receive H.M. Orders in relation to the sending two additional Companies as you desire, 2nd Dec. But the pressure of ye Govt. at home being at present pretty great, we do not foresee any immediate effect from that Rept. We desire you wou'd transmit to us by the first opportunity a particular account of the 5 Nations having surrender'd their right of Niagara and of all the land round the Lakes to the Crown of Great Britain etc. (v. 16th Oct., 1721). As to the draught of a bill for the easier partition of lands in joynt tenancy or in common (etc. v. 30th Nov. 1721), we must refer you to your 35th Instruction, whereby you are order'd not to re-enact any law to which the Royal assent has once been refus'd, without express leave for that purpose first obtain'd from the King upon a full Representation by you to be made of the reason and necessity for passing such law. But upon this occasion we must observe to you that the Meml. from Mr. Colden upon that subject dos contain matters of great importance to the Crown, which deserve a particular attention and you will hear more from us upon that head hereafter. We are very glad to be able to inform you that Capt. Holland has obtain'd H.M. Commission to be Capt. of one of his independent Companies at New York. We hope that by this time you have settled matters about the Palatines in such a manner that neither you nor we shall have any more trouble concerning them. We thank you for the Meml. which you sent us by Mr. Durand; we have done wt. we cou'd for his service, tho' not with so much success as we cou'd wish. The subject matter of your lr. of 18th June, 1721, relating to the alteration in ye Assembly men, of the Jersyes now lyes before H.M. Attorney General for his opinion thereupon etc. Set out, N.Y. Col. Docs. V. p. 647. [C.O. 5, 1124. pp. 284–291; and (rough draft) 5, 1079. No. 129.]
June 6.
Whitehall.
172. Council of Trade and Plantations to Governor Philipps. Acknowledge letter of 26th Sept. and 24th Nov., 1720, 16th Aug. and 1st Oct. 1721. Continue: We have represented to H.M. what you have writ, in relation to the Fishery at Canço, the damage the Indians have done thereto, as well as the methods the French have taken to debauch our Indians, and hope some redress may be had therein as soon as the state of H.M. affairs will permit. We have spoke with Colo. Gardner and Colo. Armstrong upon the estimate of the charge for building forts; and we understand the Board of Ordnance will send away materials and workmen so soon as they shall have receiv'd orders from H.M. for that purpose, But in the mean while we have writ to the Lord Carteret, to desire him to lay before H.M. the more immediate occasion there is of building a fort at Canço for ye protection of the Fishery there. We have read what you transmit to us relating to the information of Lieut. Washington, against you to ye Board of Ordnance, and doubt not but that Board will do you justice, as we shall be allways ready to do. We are very glad to hear, that you have at last got a vessel for the surveying and attending the other services of your Province; We are perswaded you will make the proper use of it, and give us an exact account of all your proceedings upon that head. You shou'd have represented to the Treasury the hardships you lye under by having no duties or taxes to defray the contingencies of your Government. As for us we shall never be wanting in our assistance when anything of that nature shall come properly before us, which must take all its rise elsewhere. We take notice of what you wrote, Oct. 1st last, of ye great inconveniencies that arises from the want of a Surveyor etc. Quote Representation of10th May. Continue: We are glad to hear that Canço is in so flourishing a condition; But we do not perfectly apprehend what you mean by making it a free port which you will be pleas'd to explain to us more fully by the next opportunity, tho's as we conceive your intention we are afraid it will be impracticable. We observe that you have made some small settlements on the little Islands about Canço wherein we presume you have had regard to your Instructions, whereby ye coast is left free for the fishery to all H.M. subjects. [C.O. 218, 2. pp. 14–17.]
[June 7.]173. Reasons of the claim made by the Governor and Company of the Colony of Connecticut, to the Government of the Narroganset Country, and the objections of the Government of Rhode Island to the contrary, refuted. See A.P.C. III. No. 4. Endorsed, Recd. (from Mr. Dummer) 7th June, 1722, Read 15th Feb., 1722/3. 14 pp. [C.O. 5, 1266. ff. 73–86v.]
[June 8.]174. An account of the Islands lying in Delaware River. [?By Col. Cox. v. 31st May]. Endorsed, Recd. Read 8th June, 1722. 1 1/4 pp. [C.O. 5, 972. ff. 46, 46v., 52v.]
June 11.
Virginia.
175. Lt. Governor Spotswood to the Council of Trade and Plantations. I have not been honoured with any of your Lordps'. commands since I transmitted the proceedings of the General Assembly in 1720: and tho' I hoped, and the people of the countrey generally expected some signification of H.M. pleasure upon the quitt-rent law, and the encouragemt. of the new countys, before another Session of Assembly had been necessary, yet having no advice that any resolutions were taken in either of these points, I judged it necessary to convene the Assembly this Spring, and am now to informe your Lordps. of the most remarkable proceedings there, reserving my general observations to the usual letter intended to accompany the Laws and Journals wch. are not yet transcribed seing the Session ended only the 7th instant. In order to give yor. Lordps. a sketch of what has chiefly been under deliberation this Session, I need only recommend to yor. perusal the inclosed copys of my speech at the opening the Assembly, the several Addresses of the Council and Burgesses, and my Speech at the Prorogation, in which your Lordps. will also observe the perfect harmony there is in the Government, and the general disposition of the countrey. And that your Lordps. may yet be further satis-fy'd concerning its easy circumstances, the inclosed accompts of H.M. Revenue will show how large a ballance remains for the support of the Government after defraying all that extraordinary charge wch. has accrued for fortifying the mouths of the great Rivers. As the Colony is now secured against the attempts of pyrates and other enemys on its sea frontiers by the erection of sundry substantial batterys whereon near sixty peices of cannon are already mounted and all necessary stores of warr supplyed; so in pursuance of the unanimous desires of both Houses of the Assembly, I am now preparing for a journey to Albany in order to secure the land frontiers by concluding a treaty with the five Nations upon such a basis as I hope will effectually encourage the people to extend their own settlements without any future apprehensions of danger from Indian enemys. This, my Lords, is the present situation of affairs in this Government, and I doubt not such a prospect will be as agreable to yor. Lordps. as it is satisfactory to me. If the angry proceedings of the Assembly in the year 1718, occasioned a more than ordinary trouble to yor. Board yor. Lordps. will now have the satisfaction to find the protection you had the goodness to afford me on that occasion, abundantly justifyed by the proceedings in 1722, and those clamours declared to be groundless wch. were intended to deprive me of any further share in your good opinion, and as to myself I have the pleasure of seing my whole twelve years administration receive so ample a testimony of the approbation both of the Councill and the Representatives of the people, that I hope whatever imputations have been on my conduct heretofore will be looked upon as the effects of some people's private passions rather than any real occasion given on my part. Signed, A. Spotswood. Endorsed, Recd. 21st, Read 30th Aug., 1722. 2 pp. Enclosed,
175. i. Lt. Governor Spotswood's Speech to the Council and House of Burgesses, at the opening of the Session, with Addresses by the Burgesses and Council and Burgesses in reply, and Lt. Govr. Spotswood's Speech to the same on proroguing them. Same endorsement. Copy. 6 pp.
175. ii. Account of H.M. Revenue of Quit-Rents etc., 25th April, 1721–1722. Totals:—Receipts (including brought forward, £7296 19s. 0 1/4d.) £9791 7s. 7 1/4d. Expenditure, £1978 6s. 2d. Signed, John Grymes, Recr. Genll. Audited by, Nathll. Harrison, Dty. Audr. Same endorsement. 3 pp.
175. iii. Account of H.M. Revenue of 2s. pr. hogshead, etc., 25th April—25th Oct., 1721. Receipts (including £1850 18s. 0 1/4d. brought forward) £5970 2s. 11d. Expenditure: £2678 13s. 5 1/4d. Signed, audited and endorsed as preceding. 2 pp.
175. iv. Account of H.M. Revenue of 2s. pr. hogshead, 25th Oct., 1721–25th April, 1722. Totals:—Receipts (including £3291 9s. 5 1/2d. brought forward) £4415 9s. 0 1/2d. Expenditure, £2020 11s. 1 3/4d. Signature missing. Audited and endorsed as preceding. 2 pp. [C.O. 5, 1319. Nos. 18, 18. i.–iv.]
June 13.
Whitehall.
176. A. Popple to Mr. West. Encloses, for his opinion thereupon, Acts of Antego, 1722, (i) for raising a tax for paying publick debts and charges and particularly applying the said tax, (ii) for preservation of the Body Ponds, and making them publick ponds. (iii) 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 and limitting a time for issuing execution out of the Court of Chancery. (iv) to lay a duty on goods imported and for raising an annual sum for the better support of H.E. John Hart etc. [C.O. 153, 14. pp. 89, 90.]
June 14.
Whitehall.
177. Council of Trade and Plantations to Governor Hart. Acknowledge letters of 13th Jan. and 24th April. Continue: We congratulate you upon your safe arrival and the good reception you have met with at the Leewd. Islands. Your observations upon the Acts enclosed to us are very usefull, be pleased to continue the same method for the future, they are now with Mr. West etc. We cannot but observe that you have already begun your correspondence with so much exactness that we promise ourselves much satisfaction from the continuance of it. [C.O. 153, 14. p. 91.]
June 14.
Kensington.
178. Order of King in Council. Referring Representation of 5th inst., upon Act of New York laying a duty of 2 p.c. upon European goods imported etc., to Committee for hearing appeals from the Plantations etc. Signed, Robert Hales. Endorsed, Recd. 9th, Read 13th Nov., 1722. 1 p. [C.O. 5, 1053. ff. 82, 83v.]
June 14.
Whitehall.
179. Council of Trade and Plantations to the King. Report upon the condition of the Islands in Delaware River. Set out, N. J. Archives, 1st Ser. V. 43. [C.O. 5, 1293. pp. 248–252.]
June 14.
Whitehall.
180. Council of Trade and Plantations to Lt. Governor Hope. Acknowledge letters of 17th and 26th March, 1721/2. Continue:—We are glad to hear of your safe arrival etc. We have recommended Mr. Auchenlech, as you desire etc. We shall be very glad to receive an account from your self of the situation of affairs in your Government, the rather because the letter of Col. Bennet's to which you refer for such an account, is not come to our hands. As to the Act to supply the deficiency of several funds; we inclose a copy of Mr. West's opinion etc. and upon this occasion, must observe that tho' at present this Act may be of service to your Government, yet as it continues the duty of 5 p.c. on British goods (laid by a former Act) for so long a term of five and twenty years, and, as we apprehend, that duty may in some measure obstruct the importation of such goods, we shall let the same lye by some time before wee present it to H.M., in hopes you may find in the meanwhile some less exceptionable method of raising money to answer the purposes of that Act. And as the passing of any Act shall affect the trade and shipping of Great Britain is contrary to your Instructions we must desire you will be very cautious in passing any Act that may be liable to that objection. Your reasons are very strong for the suspension of Col. Smith, and you may depend upon everything in our power to support you in the just execution of your Government. [C.O. 38, 7. pp. 464–466.]
June 14.
Kensington.
181. Order of King in Council. Appointing Andrew Auchenleck to the Council of Bermuda. Signed, Robert Hales. Endorsed, Recd. 9th, Read 13th Nov., 1722. 1 1/2 pp. [C.O. 37, 10. No. 35.]
June 14.
Whitehall.
182. Mr. Popple to Mr. Attorney General. Encloses extract of Governor Burnet's letter and speech, etc., 1st Aug., 1721, as to altering the present constitution of the Assembly of New Jersey, and enquires whether H.M. may legally comply etc. [C.O. 5, 996. pp. 113, 114.]
June 17.
N. York.
183. Governor Burnet to the Council of Trade and Plantations. Transmits Minutes of Council and Minutes of Assembly of New Jersey, 7th March—5th May, 1722. Continues:—Their Acts of Assembly are not compleatly engrossed, but shall be sent by the next vessel. The Assembly of New York has now been sitting about a fortnight, and I have very good hopes of their proceedings etc. Refers to enclosures. There is a want of more Councellours for the Province of New York in the room of two who are now wholly useless. The first is Abraham De Peyster, who has now for this year and more remained quite distracted, and is closely confined by his family, without any hopes of his recovery. In whose place I beg leave to recommend Mr. Abraham Van Horn, one of the most eminent merchants at this city. The second person etc. is John Johnston, who has without leave etc. now resided for above two years in New Jersey and has had his whole family so long established there and has no thoughts of returning to this Province and who is besides all this, the very person who has fomented all the mischeif in New Jersey in conjunction with Willox the Jacobite, etc. v. 25th May. In his room I humbly recommend Mr. William Provost another eminent merchant of this city etc. Acknowledges letter of 20th Dec. in relation to the claim of the Countess of Bellomont. I have thereupon enquired of Mr. Abraham De Peyster junr. etc. if he had any moneys in his hands due to Lady Bellomont, who told me it appeared by his books that the Ld. Bellomont was in his father's debt, and that he did not know that the country were in debt to that Lord for salary. But that he desired more time to inform himself more particularly etc. Set out, N.Y. Col. Docs. V. p. 649. P.S. I herewith send the Minutes of Council for New York, 20th Sept., 1721–8th June, 1722. Signed, W. Burnet. Endorsed, Recd. 1st, Read 7th Aug., 1722. Holograph. 4 pp. Enclosed,
183. i. Governor Burnet's Speech to the Assembly of New York, 31st May, 1722. Warns them that the Act for laying 2 p.c. on European goods is not likely to be confirmed; as the Legislature at home have passed a law to give a premium upon the exportation of British manufactures, it is scarce to be expected that the Crown will consent to a duty on those very manufactures when imported into the Plantations. Hopes that they will find other means to provide for the same purposes, and also to sink the paper bills, the Revenue having failed to answer the expectations of the Act for the support of government etc. Signed, W. Burnet. Printed. 1 3/4 pp.
183. ii. Address of Assembly of New York to Governor Burnet. 14th June, 1722. Reply to preceding. Convinced of H.E.'s endeavours for the public welfare, they will support him by providing for deficiencies, etc. Signed, R. Livingston, Speaker. Endorsed as covering letter. Printed. 1 p. [C.O. 5, 1053. ff. 75–76v., 77v.–79v.]
June 18.
Boston, New
England.
184. Governor Shute to Mr. Popple. Encloses following. Continues:—I have received no commands from the Rt. Honble. Board for these ten months last past, and therefore am afraid their Lordships dispatches were lost on board Capt. Bourn's ship, which was accidentally burnt at sea in her passage hither. The General Assembly is now sitting, and when the Session is over I shall write more at large. P.S. Last night by an express from the Eastward I'm informed the Indians have burnt a house, pulled down a mill, killed ten oxen, and taken five Englishmen captives, so that I'm afraid there will be no avoiding a war with them. I shall aquaint their Lorsps. with our proceedings in this matter pr. the first oppertunity. In margin. Sent to Lord Carteret 10th Aug. Signed, Samll. Shute. Endorsed, Recd. 6th, Read 8th Aug., 1722. 1 1/2 pp. Enclosed,
184. i. Minutes of Council of New Hampshire, Nov. 21, 1721—April 30th, 1722. Same endorsement. 14 1/2 pp. [C.O. 5, 868. ff. 286, 286v., 287v.–295v.]
June 19.
Kensington.
185. H.M. Warrant granting Stephen Duport leave of absence from St. Kitts for one year etc. Countersigned, Carteret. Endorsed, Recd. Read 25th June, 1722. Copy. 1 p. [C.O. 152, 14. ff. 133, 134v; and 324, 34. pp. 134, 135.]
[June 19.]186. Brigadier Hunter's Account of the Act of New York for annulling a fraudulent conveyance of Mary Daveport. (v. 30th May). Misrole's widow, aged 60, married one Price a young man who came accidentally into New York. She was prevailed upon by Price at the instigation of Tennant and Rousby men of ill fame to setle the estate on him and his heirs, which setlement when she was apprized of its purport she saw distroyed, but the same persons afterwards prevailed with her to make such another deed, when she was to execute it, she asked if it was anyway to the prejudice of her children (for she could not read), and if so she would not execute it, but being told that it was not, she comply'd. This the woman herself made appear by credible witnesses and the acknowledgment of the contrivers themselves before the Council upon which the Agents for the claimants on this side ceased giving any further stop to the passing the Act and I think formally relinquisht the same and the Act passed accordingly, by which the man's own children and grandchildren a laborious industrious people are possessed of their fathers estate. Endorsed, Recd. (from Hunter), Read 19th June, 1722. Holograph. 1 p. [C.O. 5, 1053. ff. 70, 71v.]
[June 19.]187. Petition of Jane Alley and James Bennet to the Council of Trade and Plantations. Petition for repeal of above Act of New York etc. (v. 30th May). Endorsed, Recd. Read 19th June, 1722. 1 1/2 pp. [C.O. 5, 1053. ff. 72, 72v., 73v.]
June 20.
Whitehall.
188. Mr. Popple to Sir R. Raymond. Presses for reply to May 25th. [C.O. 5, 915. p. 342.]
June 20.
Boston.
189. Mr. Cumings to Mr. Popple. Returns thanks for several acts of friendship. Continues:—Last week a parcell of Indians, about the number of 60 came down in an hostile manner, att Kannebeck River to the Estward, and there disturbed the inhabitants settled there, and their took their cloaths, and bedding from them, and spoilt all their provissions, threatning them, if they would not be gone of their land, they would kill them and burn their houses, they have killed severall cattle, carried away five or six persons prisoners, burnt two houses and a saw mill, all this I presume proceeds from the insinuation, and instigation of the french. I am of opinion, that these Estern countrys will never be setled in safety, without protected by the Crown, if they were setled, it would be of great service, to Brittain, the land being very good, for the production of hemp etc. Sr. I could propose a scheem, how to raise a fund in the plantations, which would not be burthensome, but sufficient, to defray the expence, of keeping and maintaining 5 or 6 thousand regular troops, for the defence of the plantations, paying of governours and other officers salerys appointed by the Crowne, without any charge to great Brittain, etc., if I had encouragement for the same etc. There is no Surveyor of the woods resident here, to take care of the same etc. Desires to be recommended for that post. Continues: There has been lately two small pirate vessels, upon the coast, which have taken some vessells, the goverment of Rhode Island, fitted out two sloops, in quest of them, and this goverment fitted out a ship, to go after them, the man of war, being gone to Canso, to protect the fishery, which yearly encreaseth etc. 21st instant. Our goverment has 200 men at ye Estward and are asending an 100 more etc. Just now we hear ye pirates have taken two vessells more upon the coast. Signed, Archd. Cumings. Endorsed, Recd. 6th, Read 8th Aug., 1722. Addressed. Postmark. 1 1/4 pp. [C.O. 5, 868. ff. 296, 296v., 297v.]
June 21.
Antigua.
190. Governor Hart to the Council of Trade and Plantations. Refers to letter and enclosures 2nd May. Continues: On my arrival at St. Christophers I found the feuds and differences between the Council and Assembly ran as high etc. as they have done in Barbados, which occasioned a stop to all publick business in that Island; Insomuch that there had been no Act for regulating the Militia for three years past; But as I have had the good fortune to reconcile their differences, the good understanding that is now betwixt the Council and Assembly has produced the following Acts, which are for the wellfare, security, and the better Government of that Island. The first is an Act to regulate the Militia. A great part of this Act is extracted from many Militia Acts passed in the British Colonies abroad, and the whole adapted to the use and conveniency of this Island, which when vigourously put in execution (which I shall not fail to do) I doubt not to have the Militia of that Island so well disciplin'd as to put it in a good posture of defence in case of a war. The second is an Act for the continuance of such part of an Act for the employing negroes on the fortification of this Island and for rendering more effectual and explaining an Act for raising of a tax by the poll on all slaves etc. as relates to the employing of negroes upon the said fortifications. This is only for reviving of a former Act for the erecting of fortifications, which not being thoroughly finish'd is for compleating of the same. Brimpston Hill mentioned in that Act is a very regular fortification and so scituated, that in case of an attempt on the Island as to receive the women and all their best effects; and the natural strength of the place so well improved by the scheme and the indefatigable industry of Mr. Mathew (H.M. Lt. General of these Islands) as to be made defensible by 300 men against any numbers that can be brought against them into these parts. And the other fortifications of these Islands by the care of that Gentleman are all in a very good disposition. The third is an Act for the raising of gunpowder and small arms upon the tonnage of vessels trading to this Island etc. This Act is so necessary for the defense of the Island being the revival of a former Act sent to your Lordships, I shall not trouble your Lordships any more on that head. The fourth is an Act for the good government of servants for ordering the rights between masters and servants encouraging the importation of servants for directing a due performance of contracts and for payment of wages to artificers workmen and labourers. The several complaints that were made to me upon my arrival on that Island, who were distressed by their masters with design to keep them longer in their service than the term of years they were bound to them for, and the cruell treatment that they met with upon that score contrary to the liberties of British subjects, together with the most unjust usage that was given to artificers and labourers who were not able to go to law with the persons they contracted with for their wages (all which tended to the enslaving of their servants and dispeopling the Island of such labouring men) was the occasion of promoting this Act, which is so well provided for the liberty of the servants and securing the property of the labourers as puts them on the same footing with their fellow subjects in Great Britain. The fifth is an Act for attainting several negroes etc. and the more effectual preventing negroes from running away etc. St. Christophers has a ridge of very high and inaccessible mountains that runs east and west through the Island, which has encouraged great numbers of the negroes to run away and resort thereto; and these mountains affording no sustenance, they descend in the night to get provisions, which they secretly steal or rob by open violence from the neighbouring Plantations. This they often committed during my residence on the Island, and as the number of slaves is the wealth of the inhabitants, and there being no law to restrain the fugitives, which might endanger the safety of the Island, to prevent which this Act is prepared, which tho' it may seem to contain several severities to those that are not acquainted with the sullen and barbarous temper of the negroes, yet I presume when it is compared with Acts of the same nature provided in Jamaica and Barbados, these severities will be thought excusable and even absolutely necessary. My Lords, As my stay in the Island of Mountserat was very short, being obliged to publish my Commission in the other Islands, I pass'd but one Act in that Island (entituled an Act for granting to H.M. certain duties upon the import of dry goods and liquours etc. and for the payment of £500 annually to H.E. etc.) On my offering the 32nd Article of my Instructions the Council and Assembly immediately came to a resolution to settle £500 p. ann. on me during my Government, which £500 being paid in the growth and produce of the Island will not yield half that summ in sterling money; tho' the summ is no way proportioned to the expensive voiages I shall be obliged to make to that Island, yet as their trade is not great, and being given with chearfullness I did not press them to a further allowance. The Council and Assembly of that Island have sent me the inclosed Act for raising a levy or poll tax for taxing the several houses within the town of Plimouth and for assessing each respective trader within the Island. This Act being a tax only of 9s. p. head upon negroes to be paid in the growth of the country and an assessment on several merchants amounting only to £200 current money, and is raised for defraying the publick charges of that Island. The great distance there is between the several Islands of this Government, the negligence of the several Clerks therein is the reason I have not been able to procure your Lordships the Journals and Proceedings of the Councils and Assembly, of each respective Island; tho' I have often reiterated my orders to them for that purpose, but hope so far to oblige them to their duty as to remit them to your Lordships in a short time. The Clerk of the Assembly of Antigua being the only one that has given me the minutes of their proceedings wch. commences 1st Jan. and ends the 24th Feb. 1721/2. The Assemblys of the several Islands have in obedience to H.M. commands revised their laws, which being in great confusion and numerous, will be a work of a considerable time, but shall endeavour to procure 'em for your Lordships with all the expedition that is practicable. Signed, Jo. Hart. Endorsed, Recd. 18th, Read 19th Sept., 1722. 5 3/4 pp. [C.O. 152, 14. ff. 154–156v., 157v.]
June 21.
Kensington.
191. H.M. Commission to John Carter to be Secretary of Virginia for life, in place of Thomas Tickell, who has surrendered his Letters Patents and besought Us to grant the office to Carter etc. Countersigned, Carteret. Copy. [C.O. 324, 34. pp. 145–147.]
June 23.192. Ordinance of General Assembly of South Carolina appointing John Croskeys country waiter in place of Jeremiah Miller, resigned. Signed, Fr. Nicholson, Ja. Moore, Speaker. Copy. 1 p. [C.O. 5, 382. No. 33.]
June 23.193. Acts of South Carolina (1) for incorporating and better governing the Citty of Charles Town; (ii) for building bridges at Santee; and (iii) over Ashley River; (iv) for relief of poor debtors; (v) for advancing the salaries of the Clergy; (vi) for preventing the desertion of insolvent debtors. Copies certified by Charles Hart, Secry. [C.O. 5, 382. Nos. 27–32.]
June 23.194. John Marsh to the Council of Trade and Plantations. Prays them to appoint a short day for hearing the objections to the Act of Antigua to indemnify Anthony Brown etc., a reply to their Lordships queries to Governor Hamilton, 1720, having been returned. Signed, J. Marsh, Soll. Endorsed, Recd. 23rd. Read 28th June, 1722. 1 p. [C.O. 152, 14. ff. 135, 135v.]
June 23.
Virginia.
195. Lt. Governor Spotswood to the Council of Trade and Plantations. I delay'd for sometime the appointing a Sollicitor of the Virginia affairs in the room of Collo. Blakiston, that I might have the more leisure to think of a fitt person for that imployment: Mr. Byrd, and Mr. John Carter both natives of this countrey, and now in England were the two candidates for it; and upon consulting every Member of H.M. Council, I found the general inclination of the Board to be for Mr. Carter, three only appearing in behalf of Mr. Byrd. Besides the character Mr. Carter has of being a Gentleman of bright parts, he is the eldest son of one of the present members of H.M. Council here, who has the most considerable estate of any man in the country. The young Gentleman has had the advantages of a more liberal education both at the University and Inns of Court, than is common for those of this countrey, and is now a Barrister at Law in the Middle Temple: and because his inclinations are still to improve his knowledge by a longer abode in England, I am the rather desirous to gratify him with an imployment, which at the same time that it affords him an opportunity of acquainting himself with the affairs and constitution of his own countrey will likewise convince him how much its interest and prosperity depends on the indulgent favour of the Crown, and so qualify him for the service of both, whenever the ample fortune he is one day like to be master of, shal determine his return hither. For these reasons it is, that I have appointed him to be Sollicitor of the Virginia affairs in the room of Collo. Blakiston deceased, and as such I humbly recommend him to yor. Lordps. favour, not only that he may be admitted as occasion shal require to negotiate the affairs of this Government at yor. Board but that yor. Lordsps. will be pleased to assist him with yor. interest and recommendation towards his obtaining that additional sallary out of the quitt rents, which H.M. was pleased to allow to the last Sollicitor. Signed, A. Spotswood. Endorsed, Recd. 27th. Read 30th Aug., 1722. 1 1/2 pp. [C.O. 5, 1319. No. 19.]
June 24.196. Petty Expences of the Board of Trade March 25—June 24, 1722. v. Journal of Council. 6 pp. [C.O. 388, 78. ff. 31, 32, 37, 38, 42, 45, 46.]
June 26.
Whitehall.
197. Mr. Popple to Capt. Hyde. Encloses extract of Lt. Governor Spotswood's letter relating to proposed lighthouse at Cape Henry, for his opinion and that of Richard Harris. [C.O. 5, 1365. p. 239.]
June 26.
Kensington.
198. H.M. Warrant for admitting Andrew Auchenleck to the Council of Bermuda. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 145.]
June 26.
Whitehall.
199. Mr. Popple to Mr. West. Encloses Acts of S. Carolina passed in 1721, 1722, for his opinion in point of law. [C.O. 5, 400. p. 149.]
June 28.
Whitehall.
200. Same to Mr. West. Encloses further Acts of Carolina, 1721, 1722. (v. preceding). [C.O. 5, 400. p. 149.]
June 28.
Admiralty
Office.
201. Mr. Burchett to Mr. Popple. Requests copies of Charter of Rhode Island and H.M. Order (1703) “whereby the Proprietors were discharged from exercising any part of Admty. Jurisdiction, in order to the adjusting some disputes between the Governors of New England and Rhode Island, relating to Admty. Jurisdiction." Signed, J. Burchett. Endorsed, Recd. 28th June, Read 4th July, 1722. Addressed. 1 p. [C.O. 5, 1266. ff. 50, 51v.]
June 28.
Whitehall.
202. Mr. Popple to Lt. Governor Hope. Encloses duplicate of 14th June. [C.O. 38, 7. p. 467.]
June 29.
Bermuda.
203. Lt. Governor Hope to Mr. Popple. Encloses following for Instructions thereupon. Continues: There never was any such Commission here before, nor can any body here tell what these dues are. The Gentleman that has it has indeed shown me the instructions he has from his constituents; in which I find he has orders to collect and receive, several perquisites, that the Governor here, as Vice-Admiral has always enjoy'd etc. I am resolved not to part with any of my perquisites, till I am order'd by a superior power etc. Refers to him to decide between them whether his salary was to be divided equally with Col. Bennet before his arrival etc. Signed, John Hope. Endorsed, Recd.,—, Read 17th Oct., 1722. 1 3/4 pp. Enclosed,
203. i. Commission by the Receiver General and Solicitor and Comptroller of the rights and perquisites of Admiralty, appointing Robert Dinwiddie Agent to collect the same in Bermuda. 1st Sept., 1721. Signed, Robert Byng, Thos. Jobber. Copy. 1 1/2 pp. [C.O. 37, 10. Nos. 33, 33. i.; and (abstract) 37, 24. p. 10.]
June 29.
Bermuda.
204. Lt. Governor Hope to the Council of Trade and Plantations. Encloses trial of John Lewis, "who was executed upon the 15th, for barbarously murdering Capt. Landy" etc. Continues:—I was oblig'd to grant a special commission for that purpose; the Chief Justice having desir'd to be excus'd, by reason of some disputes betwixt him and Col. Smith, father-in-law to the murderer etc. Two sloops belonging to this place, have been taken by a pyrate, amongst the Bahama Islands: One of them he releas'd after he had kept him three weeks: the master of which acquaints me that the pyrate had 40 odd men aboard, all Spaniards, the vessell a Spanish galley that had been in commission and but lately revolted, etc. Signed, John Hope. Endorsed, Recd. 12th Oct., Read 9th Nov., 1722. 1 1/2 pp. Enclosed,
204. i. Trial and condemnation of John Lewis for murder. Bermuda, 4th June, 1722. Endorsed as preceding. Copy. 10. pp. [C.O. 37, 10. Nos. 34, 34. i.; and (abstract) 37, 24. p. 10.]
June 29.
Annapolis
Royal.
205. Lt. Governor Doucett to the Council of Trade and Plantations. As H. E. Governor Philipps is still att Canso, and by the reason of the length of time of mine getting to him, and that it would be late for your Lordships before H.E. could send advice of the transsactions that have unexpectedly happend in these parts from the Indians, who have without the least provocation on our side, plunder'd and took severall vessells tradeing hither, as appears by the inclosed declarations, etc. The news of which, and seeing the person's returnd strip't and plunder'd, and being acquainted by them of the savages designes against this town and garrison, I thought it proper to send a command of men out emediatly and secure some Indians I heard was in town, and up the Cape, and gott into my possession 22 men, weomen and children which I keep as hostages in order to prevent them plundering any of H.M. subjects that they may have in their hands, which allso will bring them to submitt, att least to talk with some of their Cheifs. No. (4) is with submission what I intend to represent to them, and have sent a sloop express to Canso for H.E.'s instructions as allso to warn the fishermen and traders on the coast to be on their guard, being inform'd that some of the savages are gone on purpose to take and disturb all they can. I can't find out the cause, but this I'm sure on, that if the Indians can hinder our vessells to trade in this Bay, the French Governmts. will have all the trade of it by the way of Bay Vert, to Chignectou, and from Tacamagush to Minis, Cobigit, Pissiguit, etc., and now when some of our traders were prisoners att Minis they saw traders from Cape Breton, or Isle St. John's with great cargoe's of woollen and linning. As to the inhabitants who desire to live as neuter, must say they never will, for tho' they don't take up arms with the Indians att this juncture, wee have great reason to believe they incite the Indians to disturb us, who suffer our trader's to be rob'd att their doore's tho' they have ten times the number; and to express their concern for their losses laugh in their faces and buy the goods from the Indian's, att their own prices (and really as they call it, att bon marché) for what cost's our traders twenty shillings they gett for twenty pence, and wee are certain if they know of any ill designe of the Indians towards us, they never will discover or give advice to the Governmts. of such till they are sure it's too late to prevent, and when they are taxed with such their misprision, their answer is they durst not open their mouths for fear of the savage's. And now should any thing be required of them by the Governmt. which they should have no mind to comply with, their answer is they can't for fear of being destroy'd by the savages, an instance of which they shew'd but yesterday in a trifle, which was that a couple of oxen belong[ing] to this garrison had gott about a mile off and use'd to come to a certain house there, night, and morning, and because I had order'd that no person should goe so farr belonging to this garrison, the owner of them gott a French boy who went to the house where he saw the oxen, and desir'd the people to turn them to him which were makeing toward's the woods, they made answer that they could not for the savage's would not lett them and bid the boy begon, on which I sent for one of the head's amongst them, and told him I expected that the inhabitants of the Cape should bring them to the garrison, and ordered him to tell them so who att night brought word that they could not for fear of the savages, on which I sent out a party who gott to the place att break of day and drove them hither this morning with others to shew them wee were not such close prisoner's as they thought wee were. So that your Lordships see's by a triffle what wee may expect from their good will towards us, and that when they can doe us any hurt by being silent an d passive they lay it to the charge of the Indians, and when ever they should find a fitt opertunity to be active against us, as in case of a warr with France they would lay their rebellion on them and take up arm's, out of their fear of the savage's who had force'd them to it. I have put everything into as good a posture of defence as our circumstances will allow. Refers to report of Engineer to Board of Ordnance, 23rd June, and to a letter and petition sent by himself in the fall. Signed, John Doucett. Endorsed, Recd. 21st, Read 25th Sept., 1722. 4 pp. Enclosed,
205. i. Journal of Hibbert Newton, Collector of Customs, Nova Scotia. Bound for Boston in the sloop Ipswich, James Blinn master, they went ashore at Otter Harbour in Passimaquada, and were attacked by Indians, who said it was war, and that Indians from St. John's River had lately seized George Lynham's sloop and had gone to Menis and Chenecto to take what vessels they could there, and afterwards were to join with the Indians of Chapnacady and Cape Sables and would come and destroy all the Indians at Annapolis. Two of the crew escaped and got the sloop under sail, whereupon the Indians released us upon paying ransom etc. Annapolis Royal, June 16, 1722. Signed, Hibbert Newton, James Blinn. Endorsed as preceding. 4 pp.
205. ii. Lt. Governor Doucett's proposed speech to the Indians, announcing that, in reprizal for their murdering H.M. subjects and plundering their sloops, he has seized hostages for their good behaviour etc. Signed, John Doucett. Same endorsement. 2 pp.
205. iii. Deposition of George Lynham, master and owner of the sloop Prosperity. Bound from Boston for Annapolis Royal, he was captured by Indians off Checanecto etc. v. No. 1. He was forced to take 45 Indian warriors to join 120 others who were there preparing to surprise Annapolis Royal. They seized the sloop of Mr. Winniett who came there from Annapolis Royal to trade. Deponent saw several pieces of cloth (from Lynham's sloop) used to adorn the altars of the French Missionaries, He was released on 26th June, to obtain ransome for Winniett's sloop etc. Annapolis Royal, 27th June, 1722. Signed, George Lynham. Same endorsement. 2 pp.
205. iv. Deposition of Joseph Bissell, master and owner of the sloop Dove. Bound from Boston for Annapolis Royal, he was seized by Indians at Penobscot, June 10th. The reason they gave for taking him prisoner was that it was Mr. Vaudreuil's and the priest's orders, by reason of the Indian hostages at Boston and that the English had settled upon their land. The French inhabitants saved him and his men by taking them into the woods, but the Priest took a share of the plunder and hanged some of it upon his altar, to say mass for the Indians etc. He escaped, whilst the Indians sailed to attack the Fort on St. George's River, Capt. Westbrook, Commander. They did not dare to attempt it, but burnt one vessel, a saw-mill and four houses, took 7 prisoners and killed one, and killed all the cattle thereabouts. Annapolis Royal, 24th June, 1722. Signed, Joseph Bissell. Same endorsement. 3 pp. [C.O. 217, 4. ff. 112–121v.]
June 30.
Whitehall.
206. Alured Popple to the Advocate General for Scotland. The Council of Trade and Plantations desire you wou'd have the enclos'd copy of Sir Wm. Alexander's grant of Nova Scotia examin'd by the Records at Edenburgh, that their Lordps. may have a copy upon which they may depend. [C.O. 218, 2. p. 18.]