America and West Indies
September 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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138-152

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'America and West Indies: September 1722', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 138-152. URL: http://www.british-history.ac.uk/report.aspx?compid=72005 Date accessed: 16 April 2014. Add to my bookshelf


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Contents

September 1722

Sept. 4.
Edinburgh.
279. Robert Dundas, Lord Advocate of Scotland to Mr. Popple. Returns enclosed. As desired, "I have caused the Keeper of the Records compare this coppie with the record and as he hath reported to me the record and the coppie don't agree at all, the grant is vastly longer" etc. The Keeper declined to give an authentick coppie for you without a particular order from the Lord Register, as it is his perquisite to give only extracts of such deeds, etc. The dues of an extract would come to about £13. Signed, Ro. Dundas. Endorsed, Recd. 11th Sept., Read 27th Nov., 1722. 1 ¾ pp. Enclosed,
279. i. Copy of Sir William Alexander's grant of Nova Scotia, 1621, referred to in preceding. Latin. 7 ¾ pp. [C.O. 217, 4. ff. 148–153v.]
Sept. 9.
Bermuda.
280. Lt. Governor Hope to the Council of Trade and Plantations. Appeals for their protection in the matter of the commission of deputy granted to Mr. Dinwiddie by the Receiver and Comptroller of the dues of Admiralty (v. 29th June). Most of the Governors of the American Plantations have assured him there never was any such officer under their jurisdiction. In the case of some ambergrease taken up here recently this Admiralty officer said he would seize it etc. "There is not perquisites that my commission of Vice-Admiralty intitules me to, but what he lays claim to" etc. P.S. Acknowledges orders of 14th June etc. Signed, John Hope. Endorsed, Recd. 11th Feb., Read 26th April, 1723. 2 ¾ pp. [C.O. 37, 10. No. 36; and (abstract) 37, 24. p. 11].
Sept. 10.281. Mr. West to the Council of Trade and Plantations. Report upon four Acts of Antigua transmitted by Governor Hart April 4th q.v. Objects to the expression "transient trader" in Act for paying public debts, as being too large etc. No other objections. Signed, Richd. West. Endorsed, Recd. 10th, Read 12th Sept., 1722. 1 ¾ pp. [C.O. 152, 14. ff. 150, 150v., 151v.]
Sept. 12.
Middle
Temple.
282. Mr. Newman to the Council of Trade and Plantations. No settlement of the boundary dispute between New Hampshire and the Massachusetts Bay has been arrived at, the difference between their interpretations of the Charter and Grant of the several Governments amounting to one half of what was originally granted under the name of New Hampshire. Such a concession, even if thought reasonable, this Government think they cannot come into, without leave from H.M. The King's subjects yearly encreasing on both sides of the boundary in dispute, makes it absolutely necessary that some accommodation should be come into, for preserving a good understanding between the Provinces etc. Concludes: I am therefore order'd humbly to beg your Lordships interposition in this affair, and that you would be pleased to permit me to lay a state of it before your Lordships for your opinion thereon, as a decision which the Province of New Hampshire will always most respectfully abide by. Signed, Henry Newman. Endorsed, Recd. 5th, Read 12th Sept., 1722. 1 p. [C.O. 5, 868. ff. 312, 313v.]
Sept. 12.
Whitehall.
283. Council of Trade and Plantations to Lord Carteret. You will see by the papers inclos'd (v. 27th July), that the Eastern Indians bordering upon N. England, are now in open rebellion, committing daily acts of hostility against H.M. subjects there, and that they are publickly protected by Monsr. Vaudreuil the French Governor of Canada; which being a matter of very ill consequence, we must desire your Lordship will receive H.M. orders thereupon, as soon as possibly may be. [C.O. 5, 915. p. 353.]
Sept. 14.
N.
Providence.
284. Governor Phenney to the Council of Trade and Plantations. The condition of our Fort becoming dayly more decayed and the N.W. bastion sunk so far as I have been obliged to withdraw the cannon from it, I have now set fire to a lime kiln of about 2 or 3000 bushels, but must be obliged to take the very few workmen that were employed at the breastwork to rebuild the said bastion, and the other bastions being made of palmeto and plank which are now entirely decayed and rotten, by the time this work can be done another must necessarily be begun, so that the whole fort must be in a manner rebuilt. These things appear almost insurmountable, but I hope time and industry will overcome the greatest difficultys. Prays that they may be granted an Assembly to raise money etc. v. 26th Dec., 1721 etc. Continues: I have proceeded from the necessity of our affairs to lay (or rather continue for I find the same thing done last year) a small assessment of half a ryal p. gallon upon the import of rum and tonnage of foreign vessels trading hither, but our comerce being very little, it brings in but small revenue. I have also assented to some proposals for encouragement of setlers among us, hoping your Lordships will be pleased to approve what we have been so obliged to do for the benefit of the Government. Encloses Minutes of Council relating to these affairs. Continues: I have sent a second bill of exchange to the Lords of the Treasury for H.M. proportion of the brigantine seiz'd here by the Customhouse Officers. The net amount of which brigantine and cargo was 2758 ps. of 8/8 or £551 12s. sterl., which is the exchange by which we all receive and pay. Augustino Blanco of Baracoa a Spanish pirate having landed and plunder'd the inhabitants of Cat Island, I sent a sloop well manned and armd to get an account of them; but they missing him, he had the impudence to return again with two sloops, and last week he was met with by two of our sloops, and forc'd one of his ashore with sixteen persons in her, nine of whom they took, one an English, and another a Scotch renegado. The rest got ashore at Little Island, and I have sent up a sloop with a detachment to fetch them down, and am in great hopes of securing the old pirate himself, he being in an heavy perriagua built out of his other sloop which was wreckt, with about 20 hands with them, one of his Lieutenants with the rest of his crew being return'd to Baracao in a prize sloop, but I hope by the next opportunity I shall be able to give your Lordships an account of this barbarous fellow who has been a terrour to these Islands these twenty or thirty years. There was found among the prisoners a Journal belonging to Willm. Williams Master of the Oak bound from London to Virginia, which is brought down to the 24th July last, so that I am afraid Juan Matchao a comrade of Augustine's who has been upon that coast, and lately spoke with him among these Islands has made a prize of the said ship, the prisoners telling me he gave them that and other papers to make cartridges, as he passed by them, etc. Signed, G. Phenney. Endorsed, Recd. Read 20th Nov., 1722. 2 pp. Enclosed,
284. i. (a) List of Council of the Bahama Islands. Same as Dec. 26, 1721, except that James Gohier is marked "absent"; Thomas Walker senr. dead, and his place filled by John Howell; Carrington and Skynner are suspended, and Thomas Wood, "quittd and left the Islands. Place filled by Thos. Ockold. (b) Persons proposed to fill vacancies in the Council. Same as Dec. 26, 1721, except that Neal Walker is named instead of John Thompson. Same endorsement. 2 pp.
284. ii. Minutes of Council of the Bahama Islands, 20th March, 1722, referred to above. Same endorsement. Copy. 2 ½ pp.
284. iii. Account of gunner's stores wanting in Fort Nassau, 12th Sept., 1722. Signed, John Allen, gunner, Jno. Pennell, storekeeper. Same endorsement. 1 ½ pp.
284. iv. Inventory of gunners stores in Fort Nassau, 12th Sept., 1722. Signed as preceding. Same endorsement. 2 ¼ pp. [C.O. 23, 1. Nos. 47, 47. i.–iv.]
Sept. 14.
Whitehall.
285. Council of Trade and Plantations to the King. Recommend for H.M. confirmation Acts of St. Christophers for laying an export duty, and settling £2000 on Governor Hart (v. 18th July). [C.O. 153, 14. p. 95.]
Sept. 14.
Whitehall.
286. Lord Carteret to the Governor of the Leeward Islands. You are to comply with the orders sent to Govr. Hamilton 31st Dec. 1718, relating to the lands of Sir John St. Leger, Dr. James Douglas, and John Thornton etc. Signed, Carteret. [C.O. 324, 34. pp. 184, 185.]
Sept. 18.
Jermayn
Street.
287. Mr. Nivine to the Council of Trade and Plantations. In obedience to your Lordships commands I offer some things in relation to an Act of Antigua to lay a duty on goods imported etc. By H.M. 24th Instruction Governor Hart is only required not to give his assent to any bills of an unusual and extraordinary nature etc. This is not a bill of that kind, for it has been usual for many years in most Colonies to lay duties upon goods imported. The cost will fall upon the consumer, and not damage the trade of Great Britain, which is secured from any rivals in the markets of the Plantations in European goods etc. It seems plain that H.M. in permitting the Governours to accept of additional salaries from the Assemblys did consider that this was much less grievous to his subjects than the methods generally resorted to before by Governours to get money etc. Signed, Will. Nivine. Endorsed, Recd. Read 19th Sept. 1722. 2 pp. [C.O. 152, 14. ff. 152, 152v., 153v.]
Sept. 19.
Canso.
288. Governor Philipps to the Council of Trade and Plantations. I have fouled so much paper and troubled your Lordships so often with representations of the state of this Province as well by expresses as otherwise etc., that I have determin'd to wayte on your Lordships in person this Fall, and the rather, as the face of affaires are something changed and a new scene opend which has drawne me into an Indian warr malgré all my endeavours to avoyd it. It is certaine nothing could be more unexpected, for I never had a better prospect of peace and friendship with them then at the time of theire breakeing out, theire Chiefes haveing been with me but a month before, whom I feasted and gave them part of the King's presents on theire solemn promises of good behaviour toward all H.M. subjects, and therefore could hardly creditt the first reports of theire takeing the 18 tradeing vessells in the Bay of Fundy which were soon after confirmed with the farther accots. of theire havein taken 18 vessells more in the Harbours on this coast, among which was a sloop I had dispatch'd with bread for the Garrison of Anapolis Royall, from this success they began to flatter themselves with the hopes of reduceing that fort by blockade, but the provisions from Europe arriveing here in the mean time I arm'd the vessells that were to proceed with part thereof to that Garrison, who getting safe thither, and Mr. Dowcett haveing an opportunity of makeing about twenty of the Indians (who lay incamped in the woods) prisoners, about two thirds being women and children, that great designe blue up. By this time wee were in the midle of the fishery and the harbour full of ships wayteing their loading, when fresh advices came that the Indians were cruiseing upon the Banks with the sloopes they had taken assisted by the prisoners whom they compell'd to serve as marriners, and gave out that they were to attack this place with all theire strength, which alarm'd the people to that degree, bringing to mind theire sufferings two yeares agoe, and being very much disheart'ned to find that no measures had been taken this yeare for the security of the place, from whence they jud(g)e my representations to have no weight with the Government at home, and theire misfortunes to proceed from my want of intrest, they were upon breakeing up and every man to shift for himselfe. To prevent which, and haveing just then received an express from Governour Shute with a Declaration of Warr by that Government agt. the Indians, desireing my assistance, I assembled the Harbour and prevailed with them to concurr with me in fitting and manning out two sloopes to protect the Fishery, and haveing reinforced each of them with a detachment of the Garrison and an Officer, it had that good effect that in three weekes time I retooke all the vessells and prisoners, except fowre which the N. England people poorly ransom'd, upon this occasion many Indians were kill'd, among the number foure of theire Chiefs who had been with me but a month before, receiving the King's presents, on the most solemn assureances of theire intentions to live in peace and good friendship with H.M. subjects and being asked the reason of their suddaine change, all of them agreed in one story, that they were sett on by the French Governours. It is certaine they did expect by theire advices from Europe a speedy rupture between the two Crownes, and the troubles in Gt. Brittaine being magnifyd here, they concluded they had beau joue and gave the hint (as is reasonable to imagine) to the Indians to doe what mischiefe they could by surprize however they have paid deare for it, haveing never received such a check in this country, and wee are now as easy and quiett as if there was not an Indian in the country, so that the business of this place will conclude with success. And now the winter approaching which is no season for action or business here I shall first see the ships dispatch'd, and the Garrison in a good posture of defence, and then (as in all likelyhood) the voyage may be as quick and less difficult to Gt. Brittaine as to Anapolis Royall begg leave to wayte on your Lordships to render an account of my proceedings hitherto etc. Signed, R. Philipps. Endorsed, Recd. 8th Dec., 1722, Read 10th Jan., 1722/3. 6 pp. [C.O. 217, 4. ff. 154, 155–157v., 158v., 159v.; and (abstract) 154, 154v.; and 217, 30. pp. 16, 17.]
Sept. 19.
Whitehall.
289. A. Popple to Mr. West. Encloses, for his opinion thereupon in point of law, 4 Acts of Mountserrat, (i) to repeal an Act whereby the duties upon liquors and licences are given to the Honble. Tho. Talmash Esqr. and appointing the former duties to be levied on liquors imported. (ii) for raising a poll-tax, and for taxing and assessing of the houses in the town of Plymouth to pay off the publick debts. (iii) For granting to H.M. certain duties upon the impost of dry goods and liquors and for the payment of £500 annually to H.E. etc. (iv) for raising a poll-tax for taxing the several houses within the town of Plymouth and for assessing each respective trader within said Island; and five Acts of St. Christophers, (i) for the continuance of part of an Act for employing negroes on the fortifications etc. (ii) for regulating the Militia. (iii) for raising of gunpowder and small arms upon the tonage of vessels trading to this Island etc. (iv) for the good government of servants for ordering the rights between masters and servants for encouraging the importation of servants for directing a due performance of contracts, and for payment of wages to artificers, workmen and labourers. (v) for attainting several negroes and for the more effectual preventing negroes running away etc. [C.O. 153, 14. pp. 97–99.]
Sept. 20.
Whitehall.
290. Council of Trade and Plantations to the King. Recommend appointment of Major Richard Holmes to the Council of St. Christophers in the room of George Lyddell etc. [C.O. 153, 14. pp. 99, 100.]
Sept. 20.
Whitehall.
291. Same to Same. Recommend appointment of William Pym Burt and Major Richard Abbot to the Council of Nevis in the room of Jos. Symmonds and Roger Pemberton who have refused to act etc. [C.O. 153, 14. p. 100.]
Sept. 20.
Whitehall.
292. Mr. Lowndes to A. Popple. The Lords Commrs. of H.M. Treasury having under their consideracon the settling of a proper method for the disposall of the French lands in St. Christophers desire copies of instructions, reports, memorials, etc. that concern the same with all expedicon etc. Signed, W. Lowndes. Endorsed, Recd. Read 20th Sept., 1722. Addressed. Sealed. 1 p. [C.O. 152, 14. ff. 162, 163v.]
Sept. 20.
Whitehall.
293. A. Popple to Mr. Lowndes. Reply to preceding. The papers you desire were transmitted to the Lords of the Treasury by the Board's letter, 16th Oct., 1717. [C.O. 153, 14. p. 101.]
Sept. 20.
Jamaica.
295. Governor Sir N. Lawes to the Council of Trade and Plantations. Since I had last the honour of writing to your Lordships it has pleased Almighty God to vizit this Collony with a most dreadfull storm which happened on the 28th of August last. The calamity wee are under is unexpressible many of our houses are blown down, most of the shiping in our harbours are destroyed and many hundreds of people particularly at the town of Port Royall have lost their lives by the fall of houses and inundation of the sea, and the damage done to the Plantations throughout the whole country is inconceiveable. H.M. fortifications has likewise suffered very much. Refers to enclosed account, by which your Lordships will perceive that without H.M. aid and assistance it will be utterly impossible from the low condition the poor inhabitants are reduced to for us to put ourselves in the same postures of defence wee were in before the storm, wherefore I have joyn'd with the Council in an humble address etc. enclosed. The extremity of the weather was such that for some days wee were left destitute of any other covering than the Heavens and so soon as wee had got a little shelter I took all necessary precaution in ordering the proper officers in their respective destricts to make a view of all the small arms and ammunition in the country and to see the Act of Militia relating thereto duly put in execution. I have not yet received all the returns from the several parishes, but I am sorry to find by the few that are return'd the weak condition wee are in and as our fortifications at present are mostly unserviceable, so a speedy releif must appear to your Lordships the more necessary. The new erected line on Port Royall call'd Hanover line stood it the best and as I am informed has been of great security to the remaining part of that town, which otherwise must have been destroyed by the breaking in of the sea upon them. But against an enemy it continues still of no defence for want of great guns etc. which I have often mentioned to your Lordships. The King's house and most of the publick buildings have suffered so much that they are almost irrepairable. Encloses list of damage done to the shipping. Continues:—H.M. ships of warr that were then in the harbours rid out the storm, but with the loss of all their masts which loss is thought cannot be repair'd here. As soon as it was possible after the storm I summoned a Council to consider whether an Assembly should be call'd or Martial Law put in force the latter of which was judg'd would hinder the poor people from covering and repairing their houses, so an Assembly was agreed on, and writts are now issued for their meeting on the 22nd of October. I wish they may agree to do their King and Country service and proceed to business with more moderation then the last did. This letter is conveyed to your Lordships by a ship that was saved in a remote harbour at the north side of this Island and is the only one that I hear of that did not receive considerable damage in the late storm. Signed, Nicholas Lawes. Endorsed, Recd. 5th, Read 6th Dec., 1722. 3 pp. Enclosed,
295. i. Address of the Governor and Council of Jamaica to the King. Represent losses caused by the storm as in preceding. "Wee fly to your Majesty as the father of our Country for succour in our distress, and humbly beseech your Majesty to send us such aids of gunns carriage firearms and ammunition and such a number of ships of war as your Majesty in your great wisdom shall think necessary" etc. Same endorsement. 1 ¾ pp.
295. ii. List of stores of war requested of H.M. by the Governor and Council of Jamaica, 40 great guns 36 pounders with carriages etc.; 200 barrels of gunpowder, 500 firelocks, 10000 pound weight of musquet ball etc. Same endorsement. ¾ p.
295. iii. Lt. Coll. Joseph De Launay to Governor Sir N. Lawes. Fort Charles, Sept. 5th, 1722. Describes damage done to the Fort by the hurricane and inundation of the sea. Many of the guns were dismounted, and part of the walls fallen or undermined etc. Signed, Jos. De Launay. Same endorsement. 1 ½ pp.
295. iv. Copy of The Weekly Jamaica Courant, No. ccxxxv., Sept. 12th, 1722. Accounts of the Hurricane:—Kingston. It began at 8 in the morning and continued till 10 at night. Near one half of the houses are shattered etc. We hear of no more than three persons who lost their lives. The wharfs are all destroyed. Of 26 sail of top-sail vessels, and 10 sloops that were in the harbour, no more than 10 are seen, and but five or six of them repairable etc. St. Jago de la Vega. Considerable damage in our buildings, particularly the King's House and Secretary's Office, but very few persons hurt. "It is remarkable that those houses which were built by the Spaniards, sustain'd very little damage." At Old Harbour the houses and people are all destroyed except two. Proclamation by Governor Sir N. Lawes empowering the Provost Marshall to search for and recover goods plundered from ships or houses damaged by the storm. 3rd Sept., 1722. Port Royal. We were under apprehensions of the dreadful hurricane the day before, from the weather appearing very unsettled etc. and the prodigious swell of the sea, throwing up several hundred tons of rocks of large size over the wall at the Eastward part of the town etc. Near 400 persons lost their lives, and above half the town is destroyed. The streets were covered with ruins of houses, wrecks of boats and vessels, and great numbers of dead bodies. The inhabitants that were preserved, reduced to great extremity for want of water, provisions and other necessarys; many must have perished had it not been for the assistance of H.M. ships that rid out the storm etc. . . . People differ in opinion concerning this hurricane and that in 1712; several circumstances are offered to prove which was most violent etc. List of ships and sloops and the damage they sustained etc. Same endorsement. Printed. 4 pp.
295. v. Naval Officer's List of damage done to the shipping by the storm. Same endorsement. 6 ¼ pp. [C.O. 137, 14. ff. 167–169v., 170v., 171, 172v–173v., 174v.–176v., 177v–181v.]
Sept. 24.
Kensington.
296. H.M. Warrant for appointing Richard Bradley Attorney General of New York, in the room of John Rayner, decd. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 187.]
Sept. 25.
Whitehall.
297. Council of Trade and Plantations to the King. Representation upon Act of Antigua to lay a duty on goods imported etc. (v. 13th June). We find that the British trade and shipping will be thereby affected, and that there is not a clause therein pursuant to your Majesty's Instructions to Governor Hart for suspending the effect thereof till your Majesty's pleasure be declared thereupon. Wherefore we humbly lay the same before your Majesty for your disallowance. [C.O. 153, 14. p. 102.]
Sept. 15.
Treasury
Chambers.
298. Mr. Walpole to Mr. Popple. Upon the representation of 10th Aug., the Lord Commissioners of H.M. Treasury desire the Council of Trade to adjust the losses and pretentions of Col. Armstrong, and report what recompense may be fit to be allowed him. Signed, H. Walpole. Endorsed, Recd. 1st, Read 3rd Oct., 1722. Addressed. 1 p. Enclosed,
298. i. Duplicate of 10th Aug. [C.O. 217, 4. ff. 136, 137, 137v., 139v.]
Sept. 25.
Leicester
Fields.
299. Sir Isaac Newton to [?Lord Carteret] I have procured an assay to be made of the oar wch. yor. Lordp. sent to me, and send you inclosed the report of the Assayer. He found neither silver nor lead nor any other metal in the oar: but in the assay, some part of it evaporated in a sulphureous fume and the rest became a cinder without yeilding any metal. He tells me that if he had had a sufficient quantity of oar he would have made two or more assays. For a single assay is scarce sufficient to ground a report upon etc. Signed, Isaac Newton. 1 p. Enclosed,
299. i. Thomas Weston to Sir Isaac Newton. Report as above. Asks for a poundweight of ore for another trial. Signed, Tho. Weston. Sept. 24, 1722. Addressed. Sealed. ½ p. [C.O. 5, 1233. Nos. 60, 60. i.]
Sept. 25.
Kensington.
300. The King to the Governor and Company of Rhode Island. The goods belonging to the ship brought into Tarpaulin Cove by Benjamin Norton etc. are to be forthwith delivered into the custody of the Judge of Vice Admiralty of New England. The Governor and Council are not to assume to themselves any right to Admiralty jurisdiction, but to be strictly observant to the decree of the abovesaid Court etc. Quotes report of Lords Committee of Privy Council as set out A.P.C. III. No. 35. q.v. Countersigned, Carteret. Copy. [C.O. 324, 34. pp. 188–192.]
Sept. 26.
Whitehall.
301. Council of Trade and Plantations to Lord Carteret. We have lately receiv'd two letters from Lt. Governor Doucett (v. 29th June and 2nd July, 1722) etc. We find by them that the French inhabitants remaining in Nova Scotia and the French Missionaries who travel up and down that country are very industrious in instigating the Indian Natives to insult and plunder H.M. subjects there upon all occasions; so that altho' this Province was solemnly given up to the Crown of Great Britain by the Treaty of Utrecht the possession H.M. has of it is a very precarious one, and which in all probability depends upon ye pleasure of ye French; from whom we have no great reason to expect fair treatment in those parts, as appears very plainly by their practices in this Province and on ye borders of New England; Wherefore we find ourselfs under a necessity of repeating what we formerly propos'd that H.M. may be moved to send a greater force for the protection of ye Province, and that the French inhabitants remaining there, who have refus'd to take any oath of allegiance to H.M. may be compell'd to evacuate the Province. We the rather repeat this at this time because the Fishery lately establish'd at Canço is likely to prove of great consequence to Great Britain; Besides that Nova Scotia in many other respects may prove a very valuable possession. [C.O. 218, 2. pp. 23–25.]
Sept. 26.
Whitehall.
302. A. Popple to Mr. Lowndes. Desires copy of the Duke of Montagu's grant of Sta. Lucia and St. Vincents. [C.O. 5, 1293. pp. 270, 271.]
Sept. 26.
Whitehall.
303. Council of Trade and Plantations to Lord Carteret. The inclos'd report containing an acct. of several ill practices in the Province of New York, whereby H.M. is defrauded of his lands and quit rents there which seem'd to us worthy of animadversion, we must desire your Lordp. would be pleased to lay the same before H.M. for his Orders thereupon. Annexed,
303. i. Same to the King. Refer to Governor Burnet's letter relating to the bill for facilitating the partition of lands in joynt tenancy, and Mr. Colden's Memorials. Continue: Whereby it doth plainly appear to us, that the intention of ye Assembly was not really what ye title of the Bill pretended, but a manifest design to defraud your Majesty of great tracts of land at present possessed of divers persons, in the said Province, under colour of certain exorbitant and illegal grants, to the great detriment of your Majesty's title and revenue there. The consideration of this attempt, naturally led us, to inquire into the true state of this Province, with respect to your Majesty's quit rents, and the proportion the same bear to the vast tracts of land, possessed under colour of the aforesaid grants etc. Continue:— From the first settling of the British Colonys in America, the Governors of such of them as were immediately under the Governmts. of the Crown, have been always impowered with the advice and assent of their respective Councils, to make grants of lands there to such persons as should be willing to settle and cultivate the same, under the reservation of reasonable quit rents and services, which were left to the discretion of the said Governors and Council, who certainly ought to have proportion'd the same to the value, and quantity of the land granted, neither can it be presumed, that it ever was, or could be, the intention of the Crown, to grant larger tracts of land, than in all probability could ever be cultivated by the person to whom they were granted etc. Colo. Dungan was the first Governor of this Province appointed by the Crown etc. Quote his Commission as to disposal of lands. Continue: The same powers verbatim were given to all succeeding Governors, and there is but too much reason to be convinc'd, that a very gross abuse was made of this trust, tho' no formal complaint of it till the administration of Col. Fletcher. Quote procedure and instructions relating to the resumption of extravagant grants 1698–1708. v. C.S.P. under dates. Continue: But we find by Mr. Colden's Memorial that several exorbitant grants formerly obtain'd without previous survey, are still remaining, extended by great fraud and deceit, and the bounds industriously concealed from the knowledge of your Majesty's Officers, no number of acres mention'd in the said grants, or at least infinitely a less number, yn is pretended to, by the Patentees. The Salisbury Patent for instance, grants only 400 acres, But the Patentees claim about 70 thousand for which they only pay half a bushel of wheat quit rent pr. annum; and the patent of Wavyando, which pays but a trifling acknowledgment, extends upwards of 50 miles in length, yet the Patentees not content with the same, have reincroached near 30 miles square, upon one of ye grants resumed by the Act [for vacating extravagant grants etc.] The persons interested in the patent of Minicinque, of no less extent than the former have made the like incroachments, and Mr. Colden further takes notice, that there is one single patent, now existing at New York, by virtue whereof, the Patentees claim above two millions of acres, for which they pay no more than three pounds a year to your Majesty, he likewise adds, that having calculated the contents of eight patents, only according to their present claim, they wou'd at the rate of 2/6 a year for every hundred acres, produce an annual rent of £4176 to your Majesty, whereas at present they pay only £17 7s. 6d., from whence he very reasonably concludes, that if justice were done to your Majesty, the lands of this Province might produce a sufficient Revenue, for the support of your Majesty's Government there, without doing injustice or hardship, to any person whatsoever. Your Majesty being highly injur'd by these practices, we thought it out duty to lay the same, together with our humble observations thereupon before your Majesty, that if possible, an adequate remedy may be provided for so great an evil, which does not affect the royal revenue only, but is likewise prejudicial to your Majesty's interest in many other respects, in as much as some part of these exorbitant grants, have been surreptitiously obtained from the Sachems or Princes of the Five Indian Nations inhabiting the borders of New York, who have in all times adhered to the interest of Great Britain, and ought not upon any account, to be disoblig'd, being an honest warlike people, besides that industrious planters are thereby prevented from settling such lands, as at present lye uncultivated, and consequently the Colony can never be peopled as it might otherwise be. Such is the present state of this Province, and we apprehend, there is not much redress to be hoped for from the ordinary methods of proceeding in the Courts of Law, where it wou'd be difficult to impannel a jury, that are not concern'd in the consequence of these tryalls, and therefore, we would humbly propose to your Majty. that your Majesty's Governor of New York should be instructed, to procure another Act to pass the Council and Assembly there, as the Earl of Bellomont formerly did, for vacating all the exorbitant grants still remaining. And in order to make ye said Instructions more effectual, we wou'd submit to your Majesty's great wisdom, whether it may not be proper, that Mr. Burnet shou'd be directed, to acquaint ye Council and Assembly of N. York, that in case your Majty's. commands in this particular, meet with a ready obedience, your Majesty will afterwards take into your Royal consideration, the particular cases of the persons likely to be affected by this resumption, as her late Majesty did, but that in case of refusal, or delay herein, your Majty. shall be obliged to have recourse to ye Legislature of Great Britain, for justice, against such unreasonable frauds and encroachments. But forasmuch as it is evident, that this disorder cou'd never have happen'd, had the lands been regularly survey'd, before they were granted, and the grants thereof duely registred in the proper Offices, we are humbly of opinion that the Instruction, formerly given to my Lord Lovelace, relating to the method for granting of lands, shou'd be further inforced; And we wou'd likewise submit, whether it might not be for your Majty's service, that the Crown Surveyor shou'd be impower'd by Act of Parliament in Great Britain, to survey the lands of all persons, claiming by grant from your Majesty, or your Royal predecessors in any of the Provinces immediately under your Majty's Governmt., and that all such claimants, may be oblig'd to make due entrys of their respective grants in the proper Offices. Set out, N.Y. Col. Docs. V. 650. [C.O. 5, 1124. pp. 294–313; and (rough draft of covering letter only) 5, 1079. No. 131.]
Sept. 26.
Whitehall.
304. Same to the Lords of the Treasury. Enclose copy of preceding, in order that "when the same shall come to be considered in Council, your Ldps. may be the better able to advise therein" etc. [C.O. 5, 1124. p. 314; and (rough draft) 5, 1079. No. 132.]
Sept. 27.
Whitehall
305. Lord Carteret to Governor Nicholson. The Marquis de Pozobueno the Spanish Minister here hath represented that the King his Master had recd. advice from the Govr. of Florida of a new fort now building by your order, as Govr. of Carolina in the Tanioia and the mouth of the Talage, 33 leagues distant from the Castle commonly called the Fort of Florida; that the sd. new fort is already garrison'd with 50 soldiers, tho' it be not yet compleated, and hath only 5 cannons mounted according to the information given by an officer of Florida who was sent to view it, and was denied entrance into it by the English Commander, and that the sd. Govr. of Florida having sent to the Govr. and Assembly of Carolina, to demand the reason of building this new fort, he was answered, that they had His Britannick Majty's. commands to secure His Dominions by forts and Colonies in the best manner they were able. The sd. Minister having further alledged, that the fort complain'd of is building in a territory belonging to the Crown of Spain, and having made instances, that the same should be demolished, and no other built there for the future; you are to transmit hither a particular state of this matter, that it may appear to whom the Territory, on wch. the said fort is erected, does properly belong. Signed, Carteret. Copy. [C.O. 324, 34. p. 209.]
Sept. 27.306. Lt. Col. Armstrong to the Council of Trade and Plantations. Refers to reference from the Treasury, 25th Sept. Concludes: If I am not reliev'd from the hard circumstances I labour under, on account of my hearty and sincere endeavours to serve H.M., I shall be inevitably obliged to dispose of my Commission to satisfie those, who upon that occasion gave me credit, the consequence of which must be very fatal, if to want bread after 28 years service, may be so call'd. Signed, L. Armstrong. Endorsed, Recd. 1st, Read 3rd Oct., 1722. 2 pp. [C.O. 217, 4. ff. 140–141v.]
Sept. 28.
Treasury
Chambers.
307. H. Walpole to Mr. Popple. Encloses following, upon which the Lords Commrs. of the Treasury desire the opinion of the Board of Trade. Signed, H. Walpole. Endorsed, Recd. 2nd, Read 3rd Oct., 1722. 1 p. Enclosed,
307. i. Petition of traders to Carolina, Spain and Portugal to the Lords Commissioners of H.M. Treasury. Pray their countenance in applying to Parliament for an Act takeing off the enumeration of rice etc. for reasons following. Signed, Rd. Hopkins, Fra. Yonge and 25 others. 1 large p. Enclosed,
307. ii. Reasons for taking off the enumeration of rice made in H.M. Plantations. Cf. C.S.P. 22nd Nov. 1721. 2 ½ large pp. [C.O. 5, 358. ff. 145, 146, 147–148, 150v.]
Sept. 29.308. Petty Expences of the Board of Trade, June 23–Sept. 29th, 1722. v. Journal of Council. 5 pp. [C.O. 388, 78. ff. 33, 34, 39, 40, 44.]