America and West Indies
August 1722, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1934

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117-125

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'America and West Indies: August 1722, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 117-125. URL: http://www.british-history.ac.uk/report.aspx?compid=72003 Date accessed: 24 November 2014.


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August 1722, 1–15

Aug. 3.
Whitehall.
245. Circular letter from Lord Carteret "to all or any of H.M. Governors in the West Indies." Mr. Woodes Rogers H.M. late Governor of the Bahama Islands having occasion to repair to several of H.M. Plantations in America, in order to settle his private affairs; I recommend him to you as a person who hath been serviceable to the publick, and desire you will protect and assist him with all favourable and friendly offices during his stay in your Government. Signed, Carteret. Copy. [C.O. 324, 34. p. 170.]
Aug. 4.
Whitehall.
246. Council of Trade and Plantations to the Lords Commissioners of the Treasury. H.M. having been pleased to order that rooms should be built over our Office, and my Lord Chamberlain's warrant for that purpose being now before your Lordships, we take leave to remind your Lordships thereof, being so straitned for room, that we have not conveniences for our books and papers nor for the necessary dispatch of business depending before us, nor in the condition the roof is now in, shall we be able to meet in wett weather, etc. Pray that directions may be given upon the warrant. [C.O. 389, 37. p. 209.]
Aug. 7.
Kensington.
247. Order of King in Council. The Lords of the Committee representing the two draughts of Instructions prepared for Governor Worsley as proper for H.M. approbation, excepting in the 22nd and 28th Articles of the first draught relating to the Government of the said Island, which their Lordships proposed to be amended, and made conformable to the 20th and 26th Articles of the Instructions given to Lord Belhaven, vizt. In the 22nd Article line the 7th from the top, after the words [of money] leave out to the end of the Article, and instead thereof, insert [or for payment of money, either to you the Govr. or to any Lieut. Govr. or Commander in Chief, or to any of the Members of Our Councill or of the Assembly, of the said Island, or to any other person whatsoever, without a clause be inserted in such Act, declaring, that the same shall not take effect, untill the said Act shall have been approved and confirmed by us our heirs or successors, excepting Acts for raising and settling a publick Revenue for defraying the necessary charge of the Government of the said Island]. In the 28th Article at the latter end leave out the provisoe [Provided such clause or clauses be in such Act, as are contained in the 22nd Article and]. H.M. Councill approving the same, is pleased to order, that the Instructions, with said alterations be prepared for H.M. signature etc. Signed, Robert Hales. Endorsed, Recd. 9th, Read 13th Nov., 1722. 2 ½ pp. [C.O. 28, 17. ff. 284–285v.; and (duplicate signed, Temple Stanyan) 5, 191. f. 373a.]
Aug. 8.
Whitehall.
248. A. Popple to Sir R. Raymond. Repeats request for reply to May 25th. [C.O. 5, 915. p. 347.]
Aug. 8.
Whitehall.
249. Same to Mr. Lowndes. Encloses following. Annexed, 249. i. Draft of bond for securities for Mr. Uring. (v. 19th July etc.) [C.O. 5, 1293. pp. 257–267.]
Aug. 8.
Whitehall.
250. Council of Trade and Plantations to the King. Recommend Abraham Van Horn and Wm. Provoost for the Council of New York, as proposed by Governor Burnet. [C.O. 5, 1124. p. 293; and (rough draft) 5, 1079. No. 130.]
Aug. 10.
Whitehall.
251. Council of Trade and Plantations to Lord Carteret. Having been inform'd by letters from Governor Shute, and from Mr. Cumings Surveyor of the Customs at Boston, that the Indians at Kennebeck River have made great disturbances there by burning of houses, killing the cattle, and carrying away several inhabitants prisoners, which we believe they have done at the instigation of the French; we take leave to inclose extracts of the said letters for your Lordships information: And at the same time to remind your Lordship of the two French letters, from the Governors and Intendant at Canada, relating to the same subject, v. 25th May, 1721. [C.O. 5, 915. p. 348.]
Aug. 10.252. Mr. Attorney General to the Council of Trade and Plantations. Reply to 25th May. Quotes clauses in the Charter of the Massachusetts Bay. Continues: By clause (a) King Wm. and Queen Mary reserved to themselves their Heirs and Successors the appointment of the Governour, Deputy Governour and Secretary only. By clause (b) it is provided that the Governour with the advice and consent of the Council or Assistants should nominate and appoint Judges, Commissioners of Oyer and Terminer, Sherrifs, Provost Marshalls, Justices of the Peace, and other officers to the Councill and Courts of Justice belonging. By clause (c) it is provided, that the General Court or Assembly should have power to name and settle annually all civil officers within the said Province, such officers excepted the election and constitution of whom their sd. late Majesty's had thereby reserved to themselves their heirs etc., or to the Governour for the time being. By the last clause I conceive that the Officers, whose nomination is reserved to the General Court or Assembly, are to be annually chosen, which prima facie imports a continuance in the office for one year, and then the election of another person, tho' the same person may be continued another year if the Generall Court or Assembly think fit; but it does not seem to agree with the nature of the office of Attorny General who has no fix't interest in his office but is removeable at pleasure, and therefore the nominacon of such officer don't seem to me to be within the intent of that clause to be left to the General Assembly. But if he was, I apprehend in the paper marked No. ii., the Govr. would have a negative voyce upon his election; But besides, that clause excepts officers, the election and constitution of whom their said late Majesty's had reserved to themselves their heirs and successors or to the Governour for the time being. I take it that the right of nominacon of an Attorney General, tho' a new officer and but lately directed by H.M. to be appointed, will fall under clause (b), the Attorny General being an officer of the same nature with those officers therein menconed, for he is concerned in the administracon of Justice as well as Judges, Commissioners of Oyer and Terminer, and Justices of the Peace etc. and may be properly said to be an officer belonging to the Council, where he is to attend and give his opinion in matters of Law if required, and also belonging to Courts of Justice as being the General Prosecutor of all offences agt. the Governmt. and of all suites wherein the Crown is concerned. And therefore I am of opinion, that the nomination of an Attorny Generall will be in the Governour with the advise and consent of the Council of Assistants according to the provision in clause (b). And tho' H.M. by his 40th Article in his Instruccons, paper (No. iii.) directed Mr. Shute to nominate a fit person to be Attorny Generall, yet I apprehend that must be govern'd by clause (b) in the Charter (which H.M. can't alter by his Instruccons) so that there must be the advise and consent of the Council or Assistants to such nomination. But the Governor has a negative upon the Council or Assistants in such nomination. Signed, Rob. Raymond. Endorsed, Recd. 14th, Read 15th Aug. 1722. 2 1/2 pp. Enclosed,
252. i., ii. Copies of clauses in the Charter of the Massachusetts Bay referred to in preceding.
>252. iii. Copy of 40th Article in Governor Shute's Instructions, referred to above. [C.O. 5, 868. ff. 298–299, 300–302, 305v.]
Aug. 10.
Whitehall.
253. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Reply to 21st May. We have examined Col. Armstrong's accompt and several witnesses etc. We do believe he may have lost or expended in H.M. service sevl. sums amounting to the value of his accompt or thereabouts. His services have been very beneficial to H.M. subjects, etc. in recovering part of the effects taken from them by the French, and in settling a fishery at Canço which is likely to prove the most valuable of any in H.M. American Dominions. We are of opinion that he may deserve a compensation for his losses and such a reward for his services as your Lordships shall think fit. Autograph signatures. 1 ½ pp. [C.O. 217, 4. ff. 137–138v.; and 218, 2. pp. 19, 20.]
Aug. 10.
Canso.
254. Messrs. Taylor, Richards, Henshaw and Norman to Lt. Col. Armstrong. Desire his return both on public and private accounts, his affability and zeal for the interest of the settlement having endeared him to all. The place has dwindled and diminished in every respect since he left Continue: We were daily in expectation of having sufficient troops sent us for the defence of the place, a man of war stationed and ordnance sent, to protect us from the insults of pyrates especially in winter, when all the ships will be gone, with the guns they lend us during their stay etc. But even what men we had here in garrison are lessened, and by the fall shall not have one gun in the fort left, if without a solecism we may give it that name. Judge then yourself Sir, whether we have not a mighty support from the Government, and whether those private men who so generously risqued their own fortunes disbursed their own money to serve it and acted with so much vigour, zeal and industry without any hints, without any direction or countenance from the Publick but meerly directed by their own prudence, and influenced by the hopes of setting on foot an undertaking that promised so fair of tending vastly to the Nation's good, have not met with suitable assistance and encouragement in it etc. The consequences are, the number of vessels and persons coming here is daily decreasing, a great many who have been here this season declare publickly their not intending to return, till they see far better protection for their persons and effects, and no small number of those who have been some time settled here, having waited so long in hopes of the Government's protection to no purpose are now preparing speedily to leave it, resolved to run the risque no longer of having their effects plundered, and their throats cut, by pyrates and Indians, without any help; there were above 30,000 quintals of fish killed last season, with a probability of doubling that number in this etc., whereas there have not been 22,000 made this year, and it is very probable there will be a great deal less the next. In all probability the place will be entirely abandond by another season unless the Government support and encourage them in good earnest and that very soon etc. Emphasise importance of a fishery and the promise of this one. Enclose following to be laid before the Council of Trade as their "dernière resort" etc. Signed, William Taylor, Thomas Richards, John Henshaw, Joshua Norman. Endorsed, Recd. Read 6th Nov., 1722. 2 large pp. Enclosed,
254. i. Planters, Fishermen and masters of ships, concerned in the trade and settling of Canso, to the Council of Trade and Plantations. After 6 years almost continual toil, they have tho' with a few hands, and even those surrounded and perpetually exposed to the savage Indians, at length cleared a parcel of land, sufficient to land and cure 40,000 quintals of fish, to their own great charge, but to the no inconsiderable improvement of H.M. Revenue etc. At their first settling at this place there was neither any knowledge of it (or at least by a very few) or of the vast benefit that might thence accrue to the Crown, not only by the Fishery etc., but also by the great strengthening and safeguard it would be to all New England, the rest of New Scotland, Annapolis and Newfoundland by cutting off the communications of the Indians, etc. Repeat French attempts to dislodge them and their resistance. Continue: The place seemd continually improving by the increase of vessels that came here, and the number of persons who began to inhabit here encouraged by their constant expectation of being powerfully supported from home (through the influence of your Lordships, whose wisdom and application in countenancing and promoting whatever undertakings of this nature tended to the publick advantage and benefit of the Crown has ever been so very conspicuous), which has also carried the traders and inhabitants to manifest their zeal in assisting the publick on all occasions, with their men, necessarys and own persons etc., every vessel having lent the best part of their guns for the defence of the place, during their stay, and left all they could possibly spare behind etc. Having lately received an account from the ransommers that the Indians had taken 18 sloops on our coast, assisted no doubt by the French, being all laden with fish, some for this place, and others for New England, we represented to H.E., that if immediate and effectual measures were not taken for our security, all our past labours undergone, as well as our pleasing prospect for the future, would infallibly be ruin'd, receiving every day from all parts, repeated advices and alarms that the Indians were preparing to fall upon us, being furnished with ammunition and other necessarys by the French, who are privy to all their designs, and concert the measures with them of what they are afterwards to perpetrate against us. H.E. advised that they should immediately fit out two sloops to go in quest of those Indians who had done the mischief etc., but having no orders he could not be at any expense about it. Notwithstanding with their usual alacrity, proceeded with all exped[ition] to fit out two sloops, with 30 men in each, and provisions and ammunition, that sailed immediately. Repeat part of preceding. Everything done for the defence hitherto has been entirely managed at the particular expense of those persons who have hereunto subscribed. Represent the value of the Canso fishery which lasts 7 months, beginning in March, whilst that of Newfoundland only lasts from June to the middle of August, and its importance to H.M. Revenue. No cargo of fish exported from hence does not pay more dutys on the returns of it, than its prime cost etc. Make their last appeal for support. P.S. One of the sloops above-mentioned is just returned, with seven prizes of those vessels that had been taken by the Indians, who at the instigation of the French, barbarously put eleven English men to the sword, in cold blood, after giving them quarter, and how many more yet may be in their hands expecting the same treatment, we are still ignorant, the said sloop commanded by Capt. John Elliot has likewise killed a good number of Indians, and retaken several Englishmen etc., being but the fifth day since she sailed o ut from hence. Signed, Thomas Richards, Joshua Norman, John Henshaw, John Calley, Geo. Mobs for Capt. Dn. Martin, Geo. Mobs, Geo. Mobs for Capt. Jas. Calley, Frans. Calley, James Finders, Wm. Gold, Hugh Reed, John Watkins, Wm. Spiring, Phillip Fingcombe (or Tingcombe), Roger Wadham, Thos. Arnold, Jno. Hardeson, Thos. Walden, John Griffen, Jos. Richards, Giles Hall, John Ellit. Canso. Aug. 1, 1722. Mem. This Representation transmitted to Thomas Missing, Esq. (M.P. for South Town, Portsmouth) and recieved 8th Nov., 1722. 4 large pp. [C.O. 217, 4. ff. 142–147v.]
Aug. 11.
Admiralty
Office.
255. Mr. Burchett to Mr. Popple. Encloses following. Signed, J. Burchett. Endorsed, Recd. 13th, Read 15th Aug., 1722. 1 p. Enclosed,
255. i. Extract of letter from Capt. Brand, H.M.S. Hector, to Mr. Burchett, 1st July, Antegoa. I should be glad to have their Lordships' Instructions in what manner to behave in relation to the Trade that is carried on by ships directly from Ireland to the French Plantations, and more particularly from New England, and most parts of the Continent; I am very well convinced there is some very fraudulent practice in this trade, or else the people of New England would not be at the expence of bringing of coopers to set up their cask in those Islands, and as they purchase sugar, rum and molasses, to start it out of the French cask into their own. 1 p. [C.O. 323, 8. Nos. 31, 31. i.]
Aug. 11.
Custom ho.,
London.
256. Mr. Carkesse to Mr. Popple. H.M. Commissioners of Customs desire to be inform'd if any complaint has been made to the Board of Trade by Governor Sir N. Lawes against Mr. Beckford, Surveyor and Comptroller of the Customs in Jamaica, as Mr. Beckford has represented etc. Encloses following and enquires if their Lordships have any account of this matter etc. Signed, Cha. Carkesse. Endorsed, Recd. 13th, Read 15th Aug., 1722. 1 ½ pp. Enclosed,
256. i. Extract of letter from Mr. Beckford to H.M. Commissioners of Customs. 9th May, 1722. When the Governor permitted a vessell to carry out cocoa from hence to La Vere Cruz without paying any duty or giving in bond and ordered his souldiers to turn the Officers from the vessell in case they opposed their going out, etc. I laid before him the clause in the Acts of Car. II. and 7th and 8th K.W., which he acknowledged was plain enough however that the intent he beleived was otherwise, and that the cocoa should go out. 1 1/4 pp. [C.O. 137, 14. ff. 143–144v., 145v.]
Aug. 13.
Kensington.
257. Order of King in Council. Copies of the petitions etc. which were referred to Governor Lord Belhaven, 28th May and 24th Aug., 1721, for examination, are to be delivered to the present Governors of Barbados, Henry Worsley, as also copies of papers lately presented to H.M. vizt., Representation and petition of Assembly, 22nd Aug., 1721, Representation of several Councillors, 2nd Nov., 1721, and a letter from the Board of Trade, 17th Jan., 1721, with a petition from 7 Councillors and letters from Mr. Carter and Mr. Cox etc. Governor Worsley is to give such orders therein, as he shall judge proper for the present peace and good Government of the Island; And of all his proceedings herein, he is to return an account to this Board together with what he shall conceive further necessary to be done for H.M. service, and the good of the said Island. Signed, Robert Hales. Endorsed, Recd. 9th, Read 13th Nov., 1722. 2 1/2 pp. [C.O. 28, 17. ff. 282–283v.]
Aug. 13.
Whitehall.
258. A. Popple to Mr. Cumings. Reply to 20th June q.v. The Council of Trade and Plantations desire you would let them have by the first opportunity the scheme which you mention, etc., to which their Lordships will give all reasonable encouragement. They have transmitted that part of your letter which relates to the Indians to the Lord Carteret etc. [C.O. 5, 915. p. 349.]
Aug. 14.
Whitehall.
259. Lord Carteret to Governor the Duke of Portland. The South Sea Company having appointed Mr. Richard Rigby and Mr. Edward Pratter their Agents in Jamaica, you are to shew them all due countenance and protection etc. Signed, Carteret. [C.O. 324, 34. p. 170.]
Aug. 15.
Whitehall.
260. A. Popple to Mr. Carkesse. Reply to Aug. 11th. Sir N. Lawes has never transmitted over any complaints to the Council of Trade etc. against Mr. Beckford, relating to the breach of his duty, as Comptroller of the Customs, but hath frequently taken notice of the influence this office gave Mr. Beckford over several persons in Jamaica, which he always imploy'd to distress the Government there etc. Their Lordships have not received any account of the matter mentioned in the extract of Mr. Beckford's letter (11th Aug.). [C.O. 138, 16. p. 425.]
Aug. 15.
Whitehall.
261. Same to Mr. West. Presses for reply to 28th April concerning Newfoundland Commadore's Instructions. [C.O. 195, 7. p. 83.]
Aug. 15.
Whitehall.
262. Council of Trade and Plantations to Lord Carteret. Your Lordship will perceive by the (enclosed) extract of a letter (from Capt. Brand), that there is a pernicious trade carried on from Ireland, and likewise from New England, to the French Plantations in America, which must naturally prove highly detrimental to the trade of H.M. Sugar Islands, but as we are apprehensive the laws at present in force for regulating the trade and navigation, are defective in this particular, we thought it necessary to lay the same before your Lordship, that a proper remedy may be thought of to prevent this growing evil, and to desire your Lordship would in the mean time receive H.M. commands for the Lord Lieut. of Ireland, and to the Governor of New England, to prevent the progress thereof as far as in them lies. [C.O. 324, 11. pp. 1, 2.]