America and West Indies
October 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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152-158

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'America and West Indies: October 1722', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 152-158. URL: http://www.british-history.ac.uk/report.aspx?compid=72006 Date accessed: 18 April 2014. Add to my bookshelf


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Contents

October 1722

Oct. 3.
New York.
309. Governor Burnet to the Council of Trade and Plantations. Encloses 6 Acts passed in the last meeting of the Assembly of New Jersey, engrossed on parchment:—(i) for the support of government for five years, which is formed in the same manner with those passed in Brigadier Hunter's time except as to the term which was then usually for two years only, and once for three. (ii) For the security of H.M. Government, which was made to ascertain the manner of tendring the oaths enacted by Parliament to all suspected persons in New Jersey etc.
Continues: This Act was such a blow to the Jacobite party there, that tho' I have not yet made any use of it they are become very modest and humble, and I expect little trouble from them for the future. Refers for the occasion of it, to the letters of 25th May and 17th June. (iii) For regulating the Militia, etc., which is almost on the same foot it was in Brigadier Hunter's time, tho' rather stricter. (iv) An Act intended to prevent the multiplicity of law suits which was vehemently pressed by the Assembly, and does not seem attended with any ill consequences. (v) To prevent the killing of deer, and (vi) a private Act. I should have sent your Lordships these Acts sooner had it not been for my long stay at Albany where I have met the Indians in company with the Governors of Virginia and Pensylvania, and ended everything to our satisfaction. But could not come away till the end of last month. Acknowledges letter of 6th June. I can never sufficiently express my thankfulness for your Lordships favourable sentiments of my proceedings etc. The sudden departure of this conveyance with the application necessary to the affairs of the assembly now sitting, obliges me to defer the account of our transactions at Albany to my next. I send your Lordships the prop. of the Indians in Nanfan's time at length, it is a plain claim not only as far as Niagara, but to the Detroit called by them Teughsaghrondrie, which lyes between the lakes Erie and Huron. Set out, N.J. Archives, 1st Ser. V. 53. Signed, W. Burnet. Endorsed, Recd. 5th Dec., 1722, Read 4th July, 1723. Holograph. 4 pp. Enclosed,
309. i. Conference of Governor Nanfan with the Five Nations 19th July, 1701, referred to in preceding. Set out, C.S.P. 1701. pp. 451–453. Endorsed, Recd. 5th Dec., 1722. 5 ½ pp. [C.O. 5, 972. ff. 70–71v., 72v.]
Oct. 5.
Whitehall.
310. Council of Trade and Plantations to the Lords Commrs. of the Treasury. Reply to Sept. 25th. By his proofs and vouchers Col. Armstrong convinced us that his account amounted to £1138 17s. 10d.; but if H.M. would allow him £800 for the immediate payment of his creditors, it might be of more advantage to him, than his entire demand at a distant time etc. Without speedy relief, he must dispose of his Commission, whereby he and his family will be reduc'd to the utmost extremity. [C.O. 218, 2. pp. 26–28.]
Oct. 6.
Whitehall.
311. Lord Carteret to the Governor of Barbados. His Grace the Duke of Montagu having obtained of H.M. a grant of the Islands of Sta. Lucia and St. Vincent, hath sent a considerable number of men to the former of these Islands, and is sending more, in order to the peopling and improving the same; and H.M. being willing to encourage so useful an undertaking, hath commanded me to signify His pleasure to you, that you afford all due countenance and protection to the persons employed by his Grace the Duke of Montagu in the settling the sd. Island. Signed, Carteret. Mem. The like letter to the Governor of the Leeward Islands. [C.O. 324, 34. p. 193.]
Oct. 6.
St. James's.
312. Order of King in Council. Appointing Major Richard Holmes to the Council of St. Christophers etc. Signed, Robert Hales. Endorsed, Recd. 9th, Read 13th Nov. 1722. 1 ½ pp. [C.O. 152, 14. ff. 164, 164v., 165v].
Oct. 6.
St. James's.
313. Order of King in Council. Appointing William Pym Burt and Major Richard Abbot to the Council of Nevis etc. as Sept. 20th. Signed and endorsed as preceding. 2 pp. [C.O. 152, 14. ff. 166, 166v., 167v.]
Oct. 8.
St. James's.
314. H.M. warrant for appointing Wavel Smith and Savile Cust Esqrs. Secretary and Clerk of the Crown of the Leeward Islands, on the petition of John Knight, who has surrendered these offices. Countersigned, Carteret. Copy. [C.O. 324, 34. pp. 194–196.]
Oct. 9.315. Richard Partridge, Agent for Rhode Island and Providence Plantations, to Mr. Popple. In reply to 6th March, encloses following and asks that a speedy day may be appointed for hearing their case etc. Signed, Thy assured friend, Richd. Partridge. Endorsed, Recd. Read 10th Oct., 1722. Addressed. Sealed. ¾ p. Enclosed,
315. i. Joseph Jenckes and Richard Partridge to the Council of Trade and Plantations. A state of the case respecting the difference between the Colony of Rhoad Island and Providence Plantations and that of Connecticutt relating to their boundarys etc. London, Oct. 9th, 1722. See A.P.C.III. No. 4. 4 closely written pages. [C.O. 5, 1266. ff. 67–70v.]
Oct. 10.
Whitehall.
316. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose Office accounts from Christmas to Michaelmas. There was then 9 months salary due to the Secretary and other Officers etc. Accounts annexed.[C.O. 389, 37. pp. 221–224.]
Oct. 16.
Charles City
and Port,
So. Carolina.
317. Governor Nicholson to Mr. Delafay. Acknowledges "kind and obliging letter of 3rd Aug." Continues: I hope I have not hitherto done or shall do that which may cause you to repent of your friendship etc. to me. I will not here give you a long accot. in my own justification but I have desired Francis Yonge Esq. to lay before you severall affidavits etc. concerning Rhett and I have fully writt to ye Rt. Honble. ye Commissioners of H.M. Customs concerning him etc. I hope there is no person who has the honour to bear any comission from them are guilty of the hundredth part of what he is. He is a haughty proud insolent fellow and a cheating scoundrel as will appear by the affidavits etc. The man has been always factious and mutinous in this Governmt. as well under the Proprietors as H.M. He had the impudence and vanity to give out by his few lying creatures that he was to be Governor here. The first report was of his having a Comission from ye Rt. Honble. the Lords Proprietors and that lye failing the other was that I should be turned out and that he should succeed me. He and his few discontented fellows do all they can to raise a disturbance in the country but I thank God they have hitherto failed and I hope they will so continue for he and two or three more of them deserve rather to be hang'd than to have any power. I hear that his son (who 'tis believed will be such another as his father) and one Buck who pretends to be a mercht. (but as I hear something crack'd) have been very buisy in reporting things concerning me but if they or any others have made complaints or accused me all ye favour I desire is that they may be obliged to give it under their hands and good security to answer me at law and that I might have liberty to come home and answer their complaints or accusations. As to my own proceedings either in ecclesiastical civil or millitary I must referr you to the proceedings which are kept on record. I am heartily sorry that the Lords and others who are concerned in the Bahama Islands and other affairs have been so used in this Rhett who is here and old Walker. The first and last have been most notorious for dealing with piratts and in clandestine trade. The affair of ye sloop Recovery (an authentick copy whereof was sent to the Agents with Judge Smith's remarks on Ellery's affidavit) by all which I think it will appear that the said sloop was legally tryed and condemned and that Rhett was the cause thereof and if ye Bahama Company have reced. any loss or damage thereby I think they may lawfully recover it of the said Rhett but to cover his own villany in that case he lays it upon me etc. If after the notice I had thereof I had not proceeded as I did I should not only have broke my oath but likewise the Acts of Parliament etc. I think the affairs of ye Bahama Company have been very ill managed (to give it no worse an epithet) by their agents and factors as I suppose they so find by their accots. I have and shall continue to do the said Company all the lawfull service I am capeable of etc. P.S. I desire you'll please to give ye humblest of my service to your good Lady and I am most cordially sorry for the very great loss you have had in your virtuous and well accomplished daughter, but I am in hopes that you may have such another and I a niece etc. Signed, Fr. Nicholson. 2 ½ pp. [C.O. 5, 387. No. 33.]
Oct. 16.
Charles City
and Port.
So. Carolina.
318. Same to the Council of Trade and Plantations. Acknowledges letter of 5th July, with very great satisfaction etc. Refers to papers sent Mr. Yonge etc. (v, 9th Feb. 1723). Signed, Fr. Nicholson. Endorsed, Recd. 4th Jan., Read 10th July, 1723. ¾ p. [C.O. 5, 358. ff. 340, 341v.]
Oct. 18.319. H.M. Letters Patent granting Wavell Smith and Savile Cust the Office of Secretary of the Leeward Islands, 18th Oct., 1722. Countersigned, Cocks. Endorsed, 3rd March, 1725/6. Copy. 2 ¾ pp. [C.O. 152, 15. ff. 235–236v.]
Oct. 22.
Whitehall.
1722.
320. Lord Carteret to Governor the Duke of Portland. A great number of merchants trading to Jamaica having represented the great inconvenience, and indeed injustice, which they labour under by reason of many irregular proceedings in the Courts of Justice there, and likewise the loss that will accrue to them by the illegal alteration, wch. has been made with relation to the value of the current coin in that Island, by tendering and receiving pieces of eight of an uncertain weight at the rate of 10 reals, or 6s. 3d. each; I herewith transmit to yr. Grace by the King's command, the inclosed copy of their Representation to H.M., and of a former representation to Sir N. Lawes, concerning the alteration of the value of the coin. Both these Articles of complaint deserve your Graces most serious consideration; and the King directs your Graces to use your utmost care to see proper remedies applied. The trade and credit of the Island will be lost, if this variation of the coin be not rectified. It is a bold attempt, that those, who advised it, have undertaken, being expressly contrary to the Act of Parliament for ascertaining the rates of forreign coins in the Plantations etc. The sd. Act was founded upon a Proclamation of the late Queen to the same effect, and was made for the better enforcing the due execution thereof by penalty. And this matter is judged to be of so much importance to H.M.'s subjects trading to the Plantations, that the respective Governors are particularly instructed to take care, that the Act above-mentioned be duly observed and put in execution, etc. I am commanded to repeat to you, that it is H.M.'s pleasure that you shew the strictest regard to the sd. (41st) Instruction, by reforming these abuses. Yor. Grace will by the first opportunity inform me of what you have done, or can do therein. Signed, Carteret. Annexed,
320. i. Petition of merchants and planters trading to and concerned in Jamaica to the King. The Supreme Court of Judicature is directed by a law of that Island to be held every three months, which law has been very frequently for some years past evaded by adjourning it from one Session to another without entring into the civil business thereof, thereby depriving suiters of their just relief etc. When the Courts have been held all the delays and arts possible have been used and suffered etc. to frustrate plaintiffs in the recovery of their just debts etc. Injunctions have been frequently issued out of the Court of Chancery without the proper affidavits filed or being within any other of the forms usually observed in your Majesty's Courts of Equity and sometimes even before any bill has been preferred in the Chancery by the party obtaining such injunction. After the plaintiffs at law thro' all these hardships have obtained judgments, they can hardly come at the effect of them by reason the particular writs of execution being prescribed by a law of that country directing the Marshall's proceedings, the defendants find means to engage the Deputy Marshalls to return nulla bona to such writts, and on the plaintiffs application to the Provost Marshall to take the person of the debtor, he excuses himself on pretence there is no publick goal which is tenable where such prisoners might remain secure in his custody. To add to all these discouragements the Trade and credit of the Island labour under, there has some time since been an attempt now grown a practice to introduce an alteration in the value of the current coin in the said Island by tendring and receiving pieces of eight of an uncertain weight at the rate of 10 ryals or 6s. 3d. each, and so of other coins in proportion whereby the just creditor is defrauded of more than a fifth part of his debt after having struggled with all the evils above, nor can he avoid it by taking his debt in commodities of the produce of the Island as he is obliged to do by law they being appraised on executions according to such raised nominal value of the present currency of the coin there and accordingly delivered over to the Plaintiff in satisfaction of his debt at such rate by the Provost Marshall. Refer to following protest made by them to Governor Sir N. Lawes, without obtaining any redress. On the contrary, petitioners are advised that the currency of coin at this raised nominal value has been connived at incouraged and countenanced by the said Governour's receiving and paying sums of money at this raised price, and thereby in danger of being universally spread among the people, notwithstanding your Majesty's Instruction etc. Pray that such pernicious practices may be prevented etc. Signed, Peter Godfrey, and 51 others. Copy.
320. ii. Merchants, factors and traders of Jamaica to Governor Sir N. Lawes. Protest against attempts lately made to introduce an alteration in the current rates of coin etc. as preceding. The first pretence for this practice was under colour of paying pieces of eight wch. weighed full 17 ½ dwt. at 10 ryals, or 6/3d. but the payment of money without ascertaining the weight at a higher rate than the currency of the Island has already had such an effect, that even pieces of eight of 15 dwt. have been offered and received at 6s. 3d. Fear the evil will increase and the consequences will be fatal to this Island, as the like measures have already proved to Carolina and other H.M. Colonies in America. If liberty be taken to raise in any degree the value of a piece of eight above what is prescribed by Act of Parliament, no one can be assured where such raising the value of pieces of eight will stop and what is now offered in payment at 6s. 3d. in contradiction to the Act of Parliament may shortly rise to 7s. 6d. or 10s., whereby every creditor will loose 1/3rd or ½ of his debt etc. and entirely destroy the credit so necessary to be given in this Island etc. Pray H.E. to stop this pernicious practice etc. Signed, William Leaver, and 24 others. Copy. [C.O. 324, 34. pp. 196–206.]
Oct. 25.
Whitehall.
321. A. Popple to Mr. West. Encloses Act of Jamaica, 1721, for vesting certain lands in the parish of St. Thomas in the Vale, in trustees for the use of George Reid Esq. and his Heirs, for his opinion thereupon in point of law. [C.O. 138, 16. p. 427.]
Oct. 29.
Boston,
N. England.
322. Governor Shute to the Council of Trade and Plantations. Acknowledges letter of 16th Aug. and refers to his of 27th July, and Attorney General's opinion relating to the choosing of an Attorney General. Continues: I must assure your Lordsps. as I have often done, that the people here pay little or no defference to any opinion or orders that I receive from the Ministry at Home. I also found inclosed [16th Aug.] the petition of Richard Pearce which I will enquire into and send your Lordsps. a true accompt how that matter stands. The discount of our paper money still increases, but am in hopes, that the last Act of Parliament, for the encouragement of our trade, will in some time put a stop to this exorbitant discount. Since the break betwixt this Governmt. and the Eastern Indians our Forces have had more success than usual, they having lost about thirty to our six, tho' the Indians have since burnt about forty empty houses. If the French Governours are permitted any longer to support our Eastern Indians, and their Jesuits to instigate them to break the solemn treaties they make with us, our Eastern Country from whence H.M. Royal Navy is supplyed with mast will be in a manner lost. I am humbly of opinion that if the 15th Article of the Treaty of Utrecht was put in execution it wou'd prove the most effectual means to procure a lasting peace in these parts of America and very advantageous to the Crown of Great Brittain. Some delegates from the Five Nations are gone to speake with our Eastern Indians to demand of them the reason why they have so maltreated their Brethren the English. What effect this interview will produce I cannot say as yet, but so soon as it is over I shall acquaint your Lordsps. with it by the first oppertunity. Signed, Samll. Shute. Endorsed, Recd. 26th Dec., 1722. Read 27th March, 1723. 2 ¾ pp. [C.O. 5, 868. ff. 344, 345v.]
Oct. 30.
St. James's.
323. H.M. licence of absence from Barbados for one year to Charles Huggins, Clerk of the Court of Exchequer. Countersigned, Carteret. Copy. [C.O. 324, 34. pp. 211, 212.]
Oct. 31.
Whitehall.
324. Council of Trade and Plantations to Governor the Duke of Portland. Sr. Nicholas Lawes, late Governor, having transmitted to us, 27th April, several Acts passed in Jamaica in 1721/2;, which thro' some accident were so rotten and spoil'd as not to be read, we must desire your Grace to send us copies of them by the first conveyance. Titles given. Continue:—We have receiv'd no Minutes of Council and Assembly since 8th Feb., 1721, nor Naval Officer's lists of goods imported to or exported from Jamaica since 25th March, 1722. We therefore desire your Grace would transmit to us by the first opportunity the Minutes, Acts or other accots. since that time. We shall be heartily glad to hear of your Grace's safe arrival in your Government. [C.O. 138, 16. pp. 428, 429.]