America and West Indies
December 1722


Institute of Historical Research



Cecil Headlam (editor)

Year published





Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'America and West Indies: December 1722', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 177-196. URL: Date accessed: 23 November 2014.


(Min 3 characters)


December 1722

[? Dec. 1.]366. Mr. Willard to Mr. Popple. Refers to letter of Nov. 16. Sends Journal of Assembly for Sessions of 30th May and Aug. 8th, 1722, with Acts then passed, and Minutes of Council for six months ending Augt., and Treasurer's accounts for the last year etc. Signed, Josiah Willard. Endorsed, Recd. 1st Feb., Read 4th July, 1723. Addressed. ¾ p. Enclosed.
366. i. Accounts of Revenue by Jeremiah Allen, Treasurer, of the Massachusetts Bay, 31st May, 1721–1722. Total Receipts, £96,847 8s. 8 ½ d. Signed, Jer. Allen. Endorsed, Recd. 1st Feb. 1722/3. 33 pp. [C.O. 5, 868. ff. 360, 361, 361v., 363–379v.]
Dec. 3.
St. James's.
367. H.M. Instructions to John Duke of Montagu, Proprietor and Governor of Sta. Lucia and St. Vincents, in pursuance of the Acts of Trade and Navigation. [C.O. 5, 191. pp. 514–580.]
Dec. 3.368. Memorial of John Mulcaster, Agent for the Bahama Islands, to Lord Carteret. Governor Phenny has begun a considerable subscription for rebuilding the Church at New Providence and sent to New England for materials. There is no person in Holy Orders to officiate. Above 400 children lately born want baptism etc. The Governor and inhabitants have sent over Mr. Curphy to be ordained Priest. He asks for a commission as chaplain of the forces there etc. 1 p. Enclosed,
368. i-iii. Testimonials to Thomas Curphey. Signed, (a) Sam Buck and (b) Fra. Yonge, Agent for S. Carolina, London, (c) Tho. Hesketh, A.M., Nathl. Taubman, A.M. Nov., 1722. 1 ½ pp.
368. iv. Governor Phenney to the Bishop of London. Recommends Mr. Curphy as above, and suggests a stipend of £50 for him from the S.P.G. etc. 14th June, 1722. Signed, G. Phenney. Copy. 1 ½ pp. [C.O. 23, 12. Nos. 81, 81. I-iii.]
Dec. 4.
Charles City
and Port,
So. Carolina.
369. Governor Nicholson to Lord Carteret. This is designed (God willing) by Mr. William Hammerton who I found appointed Naval Officer of this Port by your Lordship etc. William Rhett senr. complained to the Honoble. Commissioners against him and I suppose it was promoted by William Rhett junr. and 'tis probable that they did not in the least doubt but that he would have been turned out in order to have had the nominating one in his room. Refers him to Mr. Hammerton, and to Francis Yonge "who will receive by this conveyance papers relating to several affairs to be laid before your Lordship, particularly the proceedings of Rhett senr. and I hope that it will appear to your Lordship, that he had a fair legall tryall etc. and that H.M. interest and service requires his being prosecuted" etc. Mr. Yonge hath some directions concerning the fines, forfeitures etc. and I beg leave humbly to propose to your Lordship that the fines which are sett by the Courts and not appropriated by any law may be equally divided to H.M. and the Right Honoble. the Lords Proprietors to dispose of as your Lordship shall order and then 'tis probable your Lordships will get more than ever you did before. Mr. Yonge hath writt that there is a prospect about making of silk in this Province that your Lordship and your Uncle the Post Master General are great promoters thereof. My Lord give me leave to say that this is a noble and generous design of your Lordship which may tend very much to the interest of Great Britain and of this Province etc. Nothing shall be wanting that in me lyes for the promoting theirof and I thinke I may venture to write to your Lordship that both the Council and the Commons here will readily and chearfully go into any measures that your Lordship shall propose. I beg leave humbly to propose that if your Lordship don't think fitt to lay open the land office in generall that you'l please to give leave that the people may have liberty to settle the farthest front[i]ers and if possible in townships which will be a great strengthning to this country and twill make the land within the townships or plantations of more value etc. P.S. My Lord as old as I am yet I hope God willing to live to see this Province when the frontiers are well secured the most flourishing of this Continent by their being able to make silk hemp rice tarr and pitch in such a proportion as may be very much for the interest of Great Brittain and this place and the choice of this country is capable of raising great stocks of all sorts and thereby enabled not only to live well themselves but be able to furnish the English Islands in the West Indies and for the promoteing of these things no costs or pains shall be spaired by, Signed, Fr. Nicholson. 2 pp. [C.O. 5, 387. No. 35.]
Dec. 4.
370. Mr. Popple to Joshua Gec. Desires in writing "what you and the other merchants may have to offer upon the pirates' petition" (v. 9th Nov.). [C.O. 324, 11. pp. 2, 3.]
Dec. 4.
Charles City
and Port,
371. Governor Nicholson to the Council of Trade and Plantations. Refers to letter of 16th day of the last month (? Oct.). Continues:—Our Assembly are now sitting and by this oppertunity is sent to our Agent Mr. Yonge some proceedings thereof etc. which he will waite upon your Lordships with. This is designed God willing by Mr. William Hammerton, who I found Naval Officer here by a Commission from my Lord Carteret Palatine and therefore continued etc. Recommends him to the Board, for an account of public affairs etc. Signed, Fr. Nicholson. Endorsed, Recd. 8th Feb., Read 10th July, 1723. 1 p. [C.O. 5, 358. ff. 342, 343v.]
Dec. 4.
372. Mr. Yonge to the Council of Trade and Plantations. Encloses papers relating to a Company of Swiss who deserted from the Mississipi Company etc. v. Aug. 18. Continues: As it is very probable more of them may do the like, about threescore of them formerly attempting to come by land, but being pursued by the French Indians were forced back, Governor Nicholson desires yr. Lordsps.' commands in what manner he is to proceed in such a conjuncture, those now there are permitted to settle in the country as they think fitt. Signed, Fra. Yonge, Agent p. South Carolina. Endorsed, Recd. 4th, Read 6th Dec. 1722. ¾ p. Enclosed,
372. i. List of papers following. 1 p.
372. ii. J. Brands, Captain of the Swiss Company, to Governor Nicholson. On the voyage from Fort Louis to New Orleans the soldiers mutinied, refused to serve in that wretched country, and insisted upon being taken to S. Carolina to surrender etc. Makes complaint against one of the officers of his Company who wished to throw him into the sea and seize his property. Hopes that the Company will be put under arrest and returned to Louisiana or France etc. Charles Town, 29th Aug., (N.S.) 1722. Signed, J. Brands. French. 2 ½ pp.
372. iii. M. Lazoue, Commander of the sloop Ste. Elizabeth to Governor Nicholson. Corroborates preceding. Same date. Signed, J. Lazoue. French. ½ p.
372. iv. Same to Same. Requests that his sloop may be supplied with provisions at the charge of the Mississipi Company etc. No date. Signed, J. Lazoue. French. 1 ½ pp.
372. v. The Swiss Company to Governor Nicholson. Reasons for their desertion. The Mississipi Company have not kept their agreement with us, having only paid us for two months in 18 and we have been obliged to eat roots etc. 18th Aug., 1722. 15 signatures. French. ½ p.
372. vi. Agreement of the Swiss Company (Capt. de Merveilleux), and the Mississippi Company, with their remarks upon it, showing how the Company had failed to observe their contract and reduced them to extremity and slavery. Ask for benevolent treatment at the hands of the Governor and Council of S. Carolina, French. 2 pp.
372. vii. Captain Brands' reply, refuting preceding. Asks for their arms and accoutrements to be restored to him etc. Charles Town. 3rd Sept., 1722. Signed, J. Brands. French. 2 pp.
372. viii. Commission of Capt. Brands, by the Directors of the Compagnie des Indes, 17th Jan., 1721. Confirmed, Feb. 11, 1721. Copy. French. 1 ½ pp. and ½ p.
372. ix. Commission of Major of the Swiss Company, 27th Jan., 1721. Copy. French. ¾ p.
372. x. Articles of Agreement between the Swiss Company and the Mississippi Company, Paris, 18th Sept., 1720. Copy. French. 10 ½ pp. [C.O. 5, 358. ff. 155v., 156, 157, 159, 161–170, 171, 174–179.]
Dec. 5.
373. Mr. Yonge to the Council of Trade and Plantations. Encloses following. Continues:—Governor Nicholson desires orders how further to proceed in the business of a reciprocall restitution of what has been taken by the subjects of the Crowns of Great Britain or Spain, after the cessation etc. Signed, Fra. Yonge. Endorsed, Recd. 5th, Read 6th Dec., 1722. 1 p. Enclosed,
373. i. Governor of St. Augustine to Governor Nicholson, Florida, 27th July, (N.S.), 1722. In accordance with orders received from the King of Spain, asks for restitution of ships and goods taken after the time agreed upon for the cessation of arms; and desires that he will write to the Governors of the Bahama Islands and Virginia to this effect, and also give notice that orders for similar restitution have been given at St. Augustine. "In the execution of which Royal Orders, I conclude to stop the effects of the coasters, that with their import may make satisfaction for the value justifiable to the subjects by the King of England." Demands return of Indians who have been taken prisoners and made slaves of in the plantations of Carolina, and not only of those belonging to this Government, but likewise to the Caracas and Campechee, which has caused the King my Master great surprise, and wonders your Excellency should suffer them to be sold, and that they were not restored to those parts from whence they were taken etc. Signed, Dn. Antonio de Benavides. Translated. Certified by Tho. Lamboll, Secy. 1 ½ pp.
373. ii. Pass granted by Governor Nicholson to Capt. Don Sebastian Lopes de Toledo and 15 attendants, who came with a flagg of truce on behalf of the Governor of St. Augustine (preceding), "so that he may keep good orders and travell the direct way to St. Augustine" etc. 8th Aug., 1722. Signed, F. N. Copy. 1 ¾ pp.
373. iii. List of vessels taken by the Spaniards since the cessation of arms and carried to St. Augustine. 9 vessels. Value, £11,550. Charles Town, 9th March, 1721. Copy. 1 p.
373. iv. (a) List of negro and Indian slaves taken in 1715 and carried to St. Augustine: Total, 98.
(b) List of negroes taken in 1720 and 1721. 117. Copy. 1 p.
373. v. Minute of Council of S. Carolina, 4th Aug., 1722. The report of the Committee of both Houses was sent up and approved, agreeing to comply with the demands of the Spaniards in restoring all Indians taken by this Government and made slaves of (if any such there be) provided they return all the slaves taken and run away from this Government to any of the King of Spain's Dominions but must be first satisfied that all those brought into this Government and sold as slaves do belong to the Government of Spain etc. Copy. Testified by, Wm. Tunley, Cl. Con. ½ p.
373. vi. Instructions of Capt. Don Sebastian Lopez de Toledo. (v. No. ii.) He is to demand the return of Indian prisoners, ut supra, expressing the King's surprise at the selling and enslaving of the Indians and the ill treatment of Spanish prisoners at Jamaica. Of English vessels etc. taken since the cessation, restitution is to be made, especially for four prizes brought in by Capt. Richd. Holland, "which are the only that were taken, and as for others which they say were taken by Nicholas of the Conception, they did not come here, excepting a sloop loaden with flower, the which was returned to the Captain and afterwards bought on the account of the King, the payment of which hath not been yet made by reason, that the persons have not come that are interested in the same. Also there was a frigat returned to them that was taken by Capt. Rendon without any lading" etc. etc. St. Augustine de Florida, 3rd Aug. (N.S.) 1722. Signed, Don Antonio de Benavides. Translation, attested by, Thos. Lamboll, Depty. Secry. 2pp.
373. vii. Memorial of Don Sebastian Lopez de Toledo to the Governor, Council and Assembly of S. Carolina, presenting preceding Instructions. Translation attested as preceding. 1 p.
373. viii. Same to Governor Nicholson. Returns thanks for his kindness etc. Signed, Sebastian Lopes de Toledo. Translation attested as preceding. ¾ p.
373. ix. Governor Nicholson to the Governor of St. Augustine. Charles City and Port, S. Carolina, 7th Aug., 1722. Reply to No. i. "I shall take care to make the Orders referred to public and make inquiry what Indians may be here etc. But as these inquirys will take up some time, I cannot at present send you any account" etc. Asks that similar enquiries may be made for slaves taken and run away from Carolina. Warns him in future to send a sloop fit to keep the sea in bad weather, and not an open boat, which might be driven into one of the harbours of the Province, contrary to the advice sent by the last boat, and the occupants thereupon ill used etc. Signed, Fr. Nicholson. Copy. 2 ¼ pp.
373. x. Order by the Governor of St. Augustine for the dispatch of Don Sebastian Lopez on above mission. 1st Aug. 1722. Signed, Don Antonio d'Benavides. Translation, attested by, Thos. Lamboll. 1 ½ pp. [C.O. 5, 358. ff. 183, 184–185v., 186–187, 188, 189–190, 191, 192–193, 194, 194v., 195v.]
Dec. 7.
374. Mr. Popple to Mr. Yonge. Asks for an account of the annual production of rice in Carolina. [C.O. 5, 400. p. 155.]
Dec. 7.
375. Council of Trade and Plantations to Lord Carteret. Enclose copy of letter and papers from Sir N. Lawes (20th Sept.) etc. The loss the inhabitants have sustain'd [by the hurricane] is so great that they are utterly unable to put the Island in any posture of defence without H.M. gracious assistance. We must therefore intreat your Lordship to lay this matter before H.M. for his royal pleasure thereupon. Autograph signatures. 1 ¾ pp. Enclosed,
375. i. Copies of letter, and papers Sept. 20, Nos. i, ii, iii, and v. [C.O. 137, 46. Nos. 39, 39 i.–v; and (without enclosures) 138, 16. pp. 431, 432.]
Dec. 7.
Tower Hill.
376. Mr. Harris to Mr. Popple. I have consulted divers of the most considerable traders to the West Indies who as well as ye Offices of Assurance and most others in trade are clear of opinion that the soonest endeavours should be used to get the pirates (v. 9th Nov.) called in or pardoned etc. I think it my duty to signify the above that their Lordships may know our thoughts in ye City etc. Signed, Rd. Harris. Endorsed, Recd. 7th Dec., 1722, Read 8th Jan. 1722/3. ¾ p. [C.O. 323, 8. No. 35.]
Dec. 8.
New York.
377. Governor Burnet to Mr. Popple. Encloses Naval Officer's list of ships "trading inwards and outwards," March-Sept. 1722, and duplicates of his two last letters etc. Concludes: I hope soon to have the confirmation of the Councellors for Jersey and New York whom I had recommended. Signed, W. Burnet. Endorsed, Recd. 19th Jan., Read 4th July, 1723. Holograph. 1 p. [C.O. 5, 1053. ff. 131, 132v.]
Dec. 8.
378. M. André Roner to [?Lord Carteret]. Submits following memorial received from M. Fischer de Reichenbach, member of the Grand Council of Berne, to his Lordship, as one of the principal Lords Proprietors of Carolina etc. Signed, André Roner. French. 1 p. Enclosed,
378. i. A Company having been formed of the richest and leading families of Berne to establish Swiss Colonies in America, it is desired to know whether, in consideration of the advantage of a powerful colony of people accustomed to farm work and reckoned amongst the best soldiers in Europe, the Lords Proprietors would grant them the following inducements: (i) If they are willing to sell a considerable tract of land with full propriety and jurisdiction, save for an annual homage. (ii) to grant exemption from all charges except the obligation to serve, by the Governors orders, for the defence of the Province. (iii) the liberty to build towns and ports as the Company shall deem necessary, without being obliged to receive any garrison upon any pretext except when it requires one. Berne, 1st Dec. N.S., 1722. French. 1 p. [C.O. 5, 387. Nos. 36, 36. i.]
Dec. 8.
379. Lord Carteret to the Council of Trade and Plantations. The Marquis de Pozo Bueno, the Spanish Minister, hath represented that the King his Master hath received advice from the Governour of Florida of a new fort now building by order of the Governour of Carolina in the Tamoia and the mouths of the Talage, 33 leagues distant from the Castle, commonly called the Fort of Florida; that the said new fort is already garrisoned with fifty soldiers, though it be not yet compleated, and hath only five cannons mounted, according to the information given by an officer of Florida, who was sent to view it, and was denyed entrance into it by the English Commander; and that the said Governour of Florida having sent to the Governour and Assembly of Carolina, to demand the reason of building this new fort, he was answered, that they had his Britannick Majesty's commands to secure his Dominions by forts and Colonies, in the best manner they were able. The said Minister having further alleged, that the fort complained 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; H.M. hath commanded me to signify his pleasure that you examine into this matter, and report the true state thereof. Signed, Carteret. Endorsed, Recd., Read 12th Dec. 1722. 1 ½ pp. [C.O. 5, 358. ff. 198, 199v.]
Dec. 10.
380. Mr. Yonge to Mr. Popple. In reply to Dec. 7th, encloses account of exports from Carolina for three years last past, "by which their Lordships may see, how that Collony does increase their produce every yeare, since in 1719 was ship't off but 13, 623 barlls. rice, whereas from Dec. 1720 to Oct. 1721 they ship't off 21879 barls. etc. They did this yeare expect to have made near 40,000 barls. if the misfortune of its being down'd by the late floods had not prevented it etc. Wee may acct. every barlls. contains 400 lb. nett rice etc. Allowing 800 barls. for home consumption, gives an average annual production of 4607 tons. Continues: This is very far short of what they might make, if the marketts did encourage it, which of late years they have been so far from doing, that rice has fallen from 25s. to 15s. the cwt., whereof 10s. at the least is for duty and freight, so that after commission, insurance, warehouseroom, cooperidge, and other petty charges are paid, I dare affirm, the planter does not receive 2s. 6d. a cwt., which I humbly presume their Lordships will not think a sufficient incouragement for the planting it, especially when they please to consider that every cwt. rice sold to a foreign market is as much money as the nett produce of it, in the favour of this Kingdom. Refers to their application for the removal of the enumeration of rice to Spain and Portugal etc. Signed, Fra. Yonge. Endorsed, Recd. 10th, Read 12th Dec. 1722. 2 ½ pp. [C.O. 5, 358. ff. 200, 201v.]
Dec. 10.
St. James's.
381. H.M. Commission to Thomas Curphy to be Chaplin to the Independent Company of Foot in the Bahama Islands. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 210.]
Dec. 10.
382. Governor Sir N. Lawes to the Council of Trade and Plantations. Refers to his account of the storm, Sept. 20th. Continues:—Ever since that time the country has been very sickly, which I believe in great measure proceeds from the cold the inhabitants received, most of them having been exposed to the extremity of the weather, tho' I cannot say that everything considered wee have lost many of the season'd inhabitants etc. It is a particular pleasure to me that at the close of my Government, I have it to represent to your Lordships in order to be laid before H.M. that this Assembly have with great cheerfulness and unanimity gone through most part of the business I recommended to them as will appear more particularly by the ten Acts which they have pass'd and I consented to and which comes herewith vizt.: An Act for establishing a perpetual anniversary fast on the twenty-eighth of August. I am persuaded your Lordships can have no objection against H.M. giving his Royall assent to this Act for those who have been eye witnesses to that terrible day will undoubtedly have it always in remembrance and pay their devotions accordingly, (ii) An Act to impose dutys on sever all commodity s and applying the same etc. This Act differs little in substance from Acts of the like nature formerly pass'd, except that there is a duty of 10l. p. head laid upon all convicts which shall be imported into this Island dureing the continuance of this Act. This clause is not at all unreasonable for wee have found by fatal experience that the country have suffered considerably by those sort of loose persons who have been imported here by some people for their private interest and gain etc. The money ariseing by virtue of this law is to be collected and paid into the hands of H.M. Receiver General, which is conformable to H.M. Instructions, (iii) An Act for fitting out a sloop for guarding the sea coast etc. The Country are so sencible of the benefit and advantage that such a sloop has been to the Island by continually guarding our coasts from pyrates that altho' the maintaining such a vessel in pay is a very great charge to the Island (especially at this juncture) yet the country have thought it necessary to keep such a sloop in pay for 12 months longer to which I cou'd make no objection seeing H.M. ships station'd here have not been thought altogether sufficient for that purpose, (iv) An Act to oblige the several inhabitants to provide themselves with a sufficient number of white people etc. In most respects of the same nature with that past last year etc. (v) An Act to appropriate sever all sums of money to sever all uses. This indeed is an Act which I have often press'd and long wish'd for, and I cannot say but this Assembly have cheerfully gone into it. It prescribes a remedy for collecting many outstanding debts due upon severall money bills from 1711 to this year, and appropriates the same towards the payment of my salary, the Cheif Justices, and for the reception of his Grace the Duke of Portland, and the residue of the money ariseing by this Act is thrown into the King's Revenue which I am in hopes will amount to a considerable sum, if the means of collecting of it is not obstructed by the death and often removal of Churchwardens and Constables who have formerly been intrusted by the severall Acts for collecting and receiving the same, but all possible endeavours shall be used to render the Act effectual, (vi) An Act for preventing the frauds and regulating the abuses in trade. This Act cheifly relates to some abuses committed by the importers of lumber from the Northward Plantations, and by Bristoll super cargoes that import great quantitys of bottled liquor that does not contain near the quantitys t hey are sold for and as this is a law design'd only to rectifye such frauds, I cou'd not well deny giving my consent to it. (vii) An Act for laying out a road from a place call'd the Cave in the parish of Westmoreland over the mountains to the N.E. part of the same parish or the W. end of St. James's as the Commissioners shall think most convenient. The title of this Act explains the meaning of it, and the King's Prerogative being no ways injur'd thereby nor the property of the subject any waies concern'd and it containing only what the parishioners of the two parishes mention'd have themselves desired, I readily gave my consent to that bill. (viii) An Act for settling the North East part of the Island. From all former representations to your Lordships of the situation of this part of the Island it must evidently appear that the settling, strengthening and securing thereof would very much tend to the strength and security of the whole Island, and I cannot say but this Act tho' it may be lyable to some few objections yet the general good consider'd, it is less obnoxious and gives greater encouragement than any heretofore pass't of the like nature. I therefore recommend it to your Lordships to be laid before H.M. for his royall approbation. (ix) An Act for repairing the road leading from the Boggwalk Plantation in the Parish of St. Thomas in the Vale to the Angel River in the parish of St. Catharine. This road was intirely stop't up by the late storm and as it was a thoroughfare to severall parts of the country so it has been adjudg'd necessary to have the same laid open again which could not be done so well by any other method as by a law for that purpose, to which I had no manner of objection the same continuing in force only for 12 months. (x) An Act for encourageing the speedy settling of the Plantation commonly called Pero or Pera Plantation at Port Morant etc. The party concern'd, who married the heir of Sr. Thomas Lynch will I presume attend your Lordships etc. I had no other motive of giving my consent to this bill than for the encouraging the settling that part of the country where the said Plantation is scituate. Those are all the laws that came to any maturity this Sessions. The Assembly did indeed pass a bill for making the present Revenue perpetual. But as no addition was made to it to what it is now and the preamble thereof, in my judgment, being conceiv'd in an uncommon stile, I was not sorry that the Assembly by their message of the 4th instant desired me to give them a recess before the Council had time to consider of that bill, and I was willing to gratifye the Assembly in their request seeing they had so cheerfully gone through the other publick business recommended to 'em and that the present circumstances of most of their plantations really required their attendance on their estates. I am in great hopes that from the unanimity they have shewn this Sessions a little time more may convince them that what the King desires of them is only for their own good, and that at their next meeting they will seriously consider on proper methods of making such an addition to the present Revenue as may answer the annual charge of the Government without putting H.M. upon any extraordinary methods for that purpose, and if they do this I have assur'd them they need not fear of having any rights or priviledges confirmed to them they in justice can desire; I now heartily long and wish for the arrival of my successor, but I am afraid his Grace will not find the country in a condition to answer his expectations. Your Lordships will please to pardon my sending these dispatches by a Bristoll ship but as it is the safest opportunity that has occurr'd since I writt to you last and not knowing whether another conveyance would offer during my Government, I was willing to lay hold of the present etc. P.S.—It was impossible to get the Minutes of the Council and Assembly ready to be sent by this conveyance but they shall follow by the next opportunity. Signed, Nicholas Lawes. Endorsed, Recd. 8th Feb. Read 29th March, 1723. 7 pp. [C.O. 137, 14. ff. 184–187v.]
Dec. 11.
383. Council of Trade and Plantations to the King. Representation upon Act of Jamaica for vesting lands in trustees for the use of George Reid etc. (v. 25th Oct.). George and John Reid having agreed to make an exchange of some lands in Jamaica, George Reid did actually convey a parcel of land particularly mention'd in this Act unto the said John Reid and his heirs; But John Reid happening to dye, leaving his only son and heir a minor, before he had convey'd the parcel of land agreed to be convey'd by him unto the said George; This Act is to vest in Trustees for the use of the said Geo. Reid and his heirs, the lands so agreed by the said John Reid in his lifetime etc.; And altho' there is not inserted in this Act the clause requir'd by your Majesty's Instructions to your Governor to prevent its taking effect till confirm'd by your Majesty, yet considering that by the very words of the Act, the heirs of John Reid only are barr'd by it, and the claim of all other persons to the lands therein mention'd, is preserv'd, we humbly lay the said Act before your Majesty, for your Royal confirmation. [C.O. 138, 16. pp. 432, 433.]
Dec. 11.
384. Council of Trade and Plantations to Lord Carteret. We have receiv'd from Genl. Nicholson several papers in relation to the demands of the Spaniards at St. Augustine, and to the making a reciprocal restitution between the English and Spaniards of what vessels and slaves have been taken from either side since the cessation of arms; But as we are entirely ignorant of the orders that have been sent upon this subject, we cannot be capable of judging how far they have been comply'd with, and therefore inclose to your Lordp. copies of the said papers for your information. Autograph signatures. 1 p. Enclosed,
384. i-vii. Duplicates of Nos. 373 i-vii. [C.O. 5, 382. Nos. 34, 34. i-vii; and (without enclosures) 5, 400. pp. 155, 156.]
Dec. 12.
New York.
385. Governor Burnet to the Council of Trade and Plantations. I am now to give your Lordships an account of the last meeting of the Assembly of the Province, which met on the last day of May, and proceeded on business till the 7th of July, when the pressing occasions of the members to attend their harvest, made it impracticable to detain them till the business of the Sessions was over, and so I consented to an adjournment till the end of September, and then they met and finished the business before them, which produced the fifteen following Acts (i) An Act for the further and more effectual prohibiting of the selling of Indian goods to the French. This Act is very severe, and directs an oath to be tendered to any suspected persons, that they have not traded with the French of Canada, under a penalty of £100 if they refuse to purge themselves by this oath. The reason of this severity was because it was evident, that the increase of the trade and power of the French in Canada, was chiefly owing to our supplying them with goods fit for the Indian trade, and that all that contributed towards such supplys to the French, were directly undermining the safety of this Province, and giving away our interest with the Indians to the French. Which by my Instruction is forbid, as of fatal consequence to the British interest. This being therefore no less than betraying our country to a dangerous neighbour, who pretends an ancient right to what we inhabit, it was thought that a law of the same nature with those which are made for the security of the Government, was a proper method to prevent this growing evil, since the most severe of another kind had been found ineffectual etc. Enumerates and comments on the other xiv acts, including an Act for raising £500 to encourage a trade with the remote nations of Indians, and for securing the Five Nations in H.M. interest, and £320 for repairing the fortifications on the frontiers etc., which is all I can persuade them to apply to that service, unless the Act for two per cent. on European goods meets with H.M. approbation etc. Encloses Minutes of Council, 24th June-8th Sept., 1722. Set out, N.Y. Col. Docs. V. 682. Signed, W. Burnet. Endorsed, Recd. 30th Jan., Read 4th July, 1722/3. 7 ¾ pp. [C.O. 5, 1053. ff. 127–130v.]
Dec. 13.386. Address of the Chief Justice, Judges, Justices of the Peace and Grand Jury of Barbados to the King. St. Michael's Town, 11th-13th Dec., 1722. Express gratitude for the easy access and ready relief they have met with in their applications to the Throne. Of late years no part of the 4 ½ per cent. duty on produce exported has been applied to any of the uses for which it was raised, (such as building a Sessions House and prison, repair of fortifications etc.), except the payment of the Governor's salary. The house at present made use of for a prison is in a ruinous condition. The unseasonable weather with which Providence has of late years visited this Island and other incidental calamities have reduced it to the lowest ebb and rendered H.M. loyal subjects utterly unable to redress these evils by any fresh tax. Pray H.M. to direct that the duty of 4 ½ p.c. may be applied to the uses for which it was raised, and that a prison and a house for the publick meeting of the Sessions and Councill may be built out of the produce thereof. 35 signatures. Endorsed, Recd. 1st July, 1723, from Sir Charles Cox. 1 large double p. [C.O. 28, 44. No. 63.]
[Dec. 13.]387. Memorial of John Hyde and other merchants to the Council of Trade and Plantations. In case H.M. shall think fitt to signifie by Proclamation his gracious pardon to the pirates referred to 9th Nov. and such others as shall conforme to the conditions in such Proclamation to be incerted, we think H.M. grace will prevent many mischeifs etc. Signed, John Hyde jr. and 26 others. Endorsed, Recd. 13th, Dec., 1722, Read 8th Jan., 1722/3. 1 p. [C.O. 323, 8. No. 34].
Dec. 13.
388. Council of Trade and Plantations to Lord Carteret. Having receiv'd from Mr. Stevenson, Agent for Jamaica, the original Address from the Governor and Council there, to H.M. in relation to their late misfortune, (a copy of which we sent your Lordship, the 7th inst.), we inclose the same in order to its being laid before H.M. [C.O. 138, 16. p. 434.]
Dec. 14.
389. Mr. Popple to Mr. West. Encloses Act of Carolina, for the good government of Charles Town, for his opinion in point of law. [C.O. 5, 400. p. 157.]
Dec. 18.
390. Lt. Gov. Sir Wm. Keith to the Council of Trade and Plantations. I am encouraged by the honr. which I lately receiv'd of your Ldships letter dated the 5th of last July, to lay some particulars befor you relateing to the present state of trade and commerce in this Colony etc. The number of people may be computed to above 40,000 souls amongst whom we have scarce any blacks except a few houshold servants, in the City of Philadelphia where I judge there may reside about 10,000 of the aforesaid number, and yet the City appears to be much too smal for to consume and exchange or vend the industry and produce of the country, which chiefly consists in grain such as wheat, barley Indian corn and rye, beeff, pork, a very little coarse tobacco and some hemp and flax. Most of this produce is manufactured and pack'd reddy for shipping, at the country mills into casks of flower bread etc. and all's brought to town in carts or river shalloops and sold to the mercht. upon the wharfe for reddy money: This with the addition of hoops staves and lumber being exported in our own bottoms chiefly to the Islands in the West Indies, we receive in return as much rum sugar and mollasses as we consume, and when money there is plenty, a very considerable ballance in cash wherewith we purchase bills of excha. from Virginia and Maryland, and send the rest home in specie to ballance the acct. with Great Britain from whence we have all our necessary cloathing apparel and luxury, and as we keep ourselves after this maner clear of debt to England without employing our people in any woolen or linnen manufacture, it is evident that our commerce is profitable to Great Britain as well as necessary to the sugar Plantations; and no doubt yr. Lordships have often had occasion to observe, that as in the tobacco and sugar Colonies, the planting interest simply is there to be encouraged without regard to any trade or more complicated commerce abroad, so in these Colonies which cannot produce any immediat and profitable return to Great Britain, it is convenient that the people be employed in raising necessary provision of bread for the others, after such a maner and to such an advantage as will create a needfull ballance of cash in their favour to purchase cloathing etc. from England, and I humbly conceive this is the most natural, and ever will be the most effectual method to divert and prevent us from entering upon any European manufactures which may interfier with the staple interest and trade of Great Britain etc. The people of this place are just now in a very great ferment on acct. that for some time past their usual trade has stagnated for want of a sufficient currency of cash amongst themselves whereby to exchange the produce of their labour according to their accustom'd maner of bussiness. The farmer brings his provision to market but there is no money to give for it, the shipbuilder and carpenter starve for want of employment, and we sensibly feal that our usual export decreases apace, the interest of money is high, and the usurer grinds the face of the poor so that law suits multiply, our goals are full, and we are justly apprehensive of falling into debt, which we have happily avoided hitherto. Under these circumstances, the clamor is universall for paper money, so that if the Assembly which is to sit the last day of this month should happen to take that turn, it will I conceive be absolutly necessary for me to comply with their desires, and indeed so long as we have not yet any public debt worth nameing, I am of opinion it may be done with more safety now than afterwards when the usual funds will probably be overcharged and not able to sink the paper, which has been the case both in New England and Carolina. The example of our neighbouring Province New York, demonstrats that paper creates a more current and reddy sale of their product which is the very same with ours, for when English or West India goods imported are sold here for paper, it obliges the mercht. to export bread and flower, in order to find cash where it is to be had, and as I have said befor, it's absolutly necessary to encourage that exportation, else our people will of necessity fall into the manufacture of their own cloathing, which I conceive is a principal part of my duty in H.M. service here to prevent by all possible means. I observe that the lawyers and a few rich usurers here are violently bent on opposeing the people's inclinations to paper money, but both merchant and farmer cry out incessantly for such a quantity at least as will serve to transact the necessary bussiness between them, and since that may probably be granted by an Act of Assembly which will of course be transmitted for H.M. Royal assent, I thought it necessary that your Lordships should be advertized beforhand of the true state of the case etc. Signed, W. Keith. Endorsed, Recd. 5th Feb., Read 13th June, 1723. 3 ¾ pp. [C.O. 5, 1266. ff. 125–126v., 127v., 128.]
Dec. 20.
St. James's.
391. Order of King in Council. Confirming Act of Barbados, 1720, appointing security to be given by appellees, this Act "having been perused and considered by the Lords of the Committee of the Privy Councill, as well as by the Lords Commissr. of Trade and Plantations and H.M. Attorney Generall, and presented by them to this Board, as highly reasonable and just" etc. Signed, Edward Southwell. Endorsed, Recd., 6th, Read 30th May, 1723. 2 pp. [C.O. 28, 17. ff. 288, 288v., 289v.]
Dec. 20.
Wms. Burgh.
392. Lt. Governor Drysdale to the Council of Trade and Plantations. The few opportunities there are of writing from hence in the latter season of the year, has prevented till now my doing myself the honr. of beginning with your Lordshipps Board that correspondence which H.M. service, and the duty of my office requires. I arrived here on the 25th of Sept. and on the 27th the Councell mett, when my Comission was published, and I took the usuall oaths. The publick transactions since, have been so little remarkable, that I need not enlarge upon them, and shall but briefely mention those that are most materiall: which are, the dissolving the Genll. Assembly called by Coll. Spotswood, and issuing writts for a new one, as I understand has been usuall here, upon the arrivall of a new Governour, and the proroguing the same to the 9th of May next, as your Lordshipps may observe by the journalls of the Councell and proclamations which goe herewith. I find the inhabitants of this Colony have very much at heart and are extreamly sollicitous to know what success attended the petition of the generall Assembly in the year 1720 praying a remittance of the quit rents for the new frontier counties, etc. (v. C.S.P. March 22, 1721). Great quantities of lands have been entered for in these new counties, in expectation of having the favour of those concessions granted to them: but now they seem to neglect proceeding on their intended settlements, being discouraged by the long delay made to their humble supplications, and apprehending a deniall; the Councell on their meeting, were unanimously of opinion, that the proposed exemptions will in the consequence prove beneficiall to H.M. Revenue, as well as the generall security and encrease of the trade of this country, and accordingly they have directed the Sollicitor of the Colony affairs in England to renew his application to H.M. and to offer the reasons enclosed etc. (v. encl. No. ii). Your Lordshipps will also observe on the Councell journalls that the Sollicitor is likewise directed to apply to H.M. for his royall approbation to an Act passed in the same year, 1720, for the better payment of H.M. Qtt. rts. This Act together with the petition of the Assembly being prior long to my appointment, etc., I only crave leave to observe that the Act is looked upon here as a beneficial law, for the interest of the Crown, and the granting the contents of the petition would give intire satisfaction to the inhabitants of this Colony. Collo. Spotswood did not return from his negotiations at Albany with the five Nations till the latter end of October; the journall of his transactions there not being yet compleated, I shall forbear troubling your Lordshipps with any part of that Treaty till I am enabled to transmit the whole, wch. I hope may be by next conveyance. Sometime before my arrivall here, a discovery was made of an intended insurrection of the negroes in two or three counties. Divers of the ringleaders have been taken upp and tryed, others are continued over in prison, till next Genll. Court, in expectation of further proofe: the design of these slaves was to cutt off their masters, and possess themselves of the country; but as this would have been as impracticable in the attempt as it was foolish in the contrivance, I can foresee no other consequence of this conspiracy than the stirring upp the next Assembly to make more severe laws for keeping their slaves in greater subjection etc. Encloses journall of House of Burgesses which began to sitt on the ninth day of May, 1722, with a duplicate of all the Acts made by them during their Session; with an account of H.M. Revenue of 2s. p. hhd. ending the last half year, whereby your Lordshipps will observe how large a ballance there remains for defraying the necessary charge of the Government etc. The Colo ny is at present in perfect tranquility etc. Signed, Hugh Drysdale. Endorsed, Recd. 15th Feb., Read 13th June, 1723. Holograph. 4 pp. Enclosed,
392. i. Account of H.M. Revenue of 2s. pr. hogshead, etc., 25th April—25th Oct., 1722. Totals:—Receipts, (including balance brought forward £2394 17s. 10 ¾d.) £5890 19s. 7d. Expenditure, £1888 15s. 8d. Signed, John Grymes, Recr. Genll. Audited by, Nathll. Harrison, Depty. Audr. Endorsed as preceding. 2 pp.
392. ii. Reasons for the better securing the frontiers of Virginia by exempting settlers of the two late erected counties from the purchase of rights and payment of quit rents. Referred to in covering letter. Same endorsement. 6 ¼ large pp.
392. iii. Proclamations by Lt. Governor Drysdale, (a) continuing officers civil and military. 27th Sept. 1722. (b) Dissolving the Assembly, 16th Oct., 1722. (c) Proroguing the Assembly to 9th May, 1723. 3rd Nov., 1722. Same endorsement. Copy. 2 ¼ pp. [C.O. 5, 1319. Nos. 21, 21. i.–iii.; and (Nos. i and iii only) 5, 1337. Nos. 25, 26.]
Dec. 20.
393. Council of Trade and Plantations to Lord Carteret. In reply to 8th Dec., enclose following, to be laid before the King. Concludes: We have couch'd this report in as short and general terms as possible, presuming the same may be communicated to the Spanish Ambassador, whereby we have reserv'd to ourselves an opportunity of applying such particular proofs arising from Charters and otherwise as we are already masters of, as well as those we may further discover for the affirming of H.M. undoubted title to the land on which the fort is built, and we were the rather induc'd to take this method, because H.M. being in possession it will certainly be incumbent on the Spaniards to produce proofs of their title before H.M. can be under any necessity of justifying his own right. Autograph signatures. 1 p. Enclosed,
393. i. Same to the King. In obedience to your Majesty's commands of the 8th inst., we have considered the complaint of the Spanish Ambassador, relating to the Fort lately built at the Tamoia and the mouths of the Talage; by which we presume he means the Fort lately erected by your Majesty's order at the embouchure of the Alatamaha; Whereupon we humbly beg leave to represent to your Majesty, that in 1720, your Majesty having receiv'd complaints of great disorders in South Carolina, was graciously pleas'd to resume the Government of that Province etc.; Upon which occasion this Board having duly consider'd the state of that Province, which is the Southern frontier of your Majty.'s Dominions on the Continent of America, did humbly conceive it might be necessary, in order to prevent further encroachments from the subjects of the French and Spanish Nation, as well as to secure the Navigation of the River Alatamaha, that a Fort shou'd be built at the mouth of the said River; And we are very much surpriz'd that the Spanish Ambassador shou'd make any complaint thereof, because the land where the said Fort is built is certainly a part of your Majesty's Province of South Carolina, to which your Majesty has a most undoubted title; And if it shou'd be thought necessary to enter further into the discussion of this matter, we shall be ready to produce sufficient proofs to verify the same. Autograph signatures. 2 ½ pp. [C.O. 5, 382. Nos. 35, 35. i.; and 5, 400. pp. 157–160.]
Dec. 24.
394. Governor Phenney to the Council of Trade and Plantations. Since my last etc., I have only to add that the works on the fortifications go on with more success and expedition than I expected. The parapets and merlons of the N. curtain and bastion being finish'd with stone, we are now at work in order to make a new and large N.W. bastion, which will entirely comand the bar, after which intend to begin and compleat two regular bastions to the Sowards that respect the land which will make the fort considerably larger and according to the opinion of Captain Barker an Engineer now here in his passage to St. Lucia, the strongest fortress in America. By the next opportunity which I expect to be directly home I purpose to send to your Lordships a plan of what is already done and what intended for the Fort, by which your Lordships will see how we are employing ourselves. I have sent for your Lordships' perusal some Minutes concerning the behaviour of Peter Courant late one of the Council here, which the rest of the Members of that Board have resented accordingly. I have lately heard that one Mr. Carrington who went for England in the Bahama Galley assum'd to wait on your Lordships as employed from me and Council, he having no direction at all from me, and since his arrival in Carolina hearing a worse character of him than when he was suspended from Council here, I think it my duty to acquaint your Lordships this much of him. I have likewise sent to be laid before H.M. an Address of the inhabitants of this Island. The intent of it is to obtain a small ship of war to be station'd here, having been (as I have done myself the honor by a former letter to advise your Lordships) of late very much infested by pirates, several of whom we have tryed and condemn'd etc. (v. March 2nd). I hope if it pleases God to continue my health so to perfect the fortifications of this Island that no person whatsoever may be afraid to trust his interest here which has been the great reason that hindered the settlement, which I hope speedily to see flourish. Signed, G. Phenney. Endorsed, Recd., 7th March, Read June 22, 1723. 2 pp. Enclosed,
394. i. Minutes of Council of the Bahama Islands, Nassau, 24th Sept., 1722 and 12th Nov. 1722. Peter Courant was expelled from the Board, he having persisted in cohabiting with Leah Anderson and finally clandestinely gone off this Government with her, in order to avoid trial at the approaching Courts, and leaving his wife in a necessitous condition. Same endorsement. Copy. 2 pp. [C.O. 23, 1. Nos. 50, 50. i.]
Dec. 25.
395. Petty Expenses of the Board of Trade, Sept. 29th-Dec. 25. v. Journal of Council. 5 pp. [C.O. 388, 78. ff. 51, 52, 55, 56, 59, 60.]
Dec. 26.
396. Governor the Duke of Portland to the Council of Trade and Plantations. After a long and tedious passage I have the pleasure of acquainting your Lordship's with my safe and happy arrivall here the 22nd instant where, with great concerne I speak it everything appear'd to beare one universall face of ruine and desolation from the terrible hurricane which long since has been made known to your Lordship's etc. In my passage hither (my Lords) I touch'd att Barbadoes, where I had the satisfaction, besides that surprizeing agreeableness in which that beautyfull Island presented itself to my view, to observe a generall impatience for the speedy arrivall of Mr. Worsley and a disposition no way inferiour to come into all suitable measures destructive of all their former unhappy divisions and animositys and thoroughly conducive to the interest and wellfare of ye Island and the makeing him easie and happy in his administration as for my own part I must doe the Gentlemen of Jamaica the justice to owne, that the reception they have given me, has notwithstanding the melancholick posture of their affairs, the so necessary result of their late catastrophe, been equal to, if not exceeding any expectation I could have form'd to myselfe, and I flatter myselfe from these early instances of their behaviour to me, that, when my first hurry is over in settleing and disposeing my owne affairs, so as to open a scene of business which these Christmas Holydays have prevented my earlyer entering upon, I shall be able by the next opportunity I may have of writeing to make a more improved judgment of their good disposition towards me etc. Compliments, etc. Signed, Portland. Endorsed, Recd. Read 5th March, 1722/3. 2 pp. [C.O. 137, 14. ff. 182, 182v., 183v.]
Dec. 27.
397. Lord Carteret to Governor the Duke of Portland. I received the honour of your Grace's letter from the Maderas, and I hope you and your family are now safe in Jamaica. I am sorry that at your arrival you should find the Island in such desolation, as I am afraid the late hurricane has occasioned. The King who is extremely touched with the losses which His subjects have sustained, will do everything that can reasonably be expected for their support and relief. H.M. has already been pleased, upon the humble address of the late Govr. and Council, to order such stores of war to be forthwith sent thither, as were requested by them vizt. 40 thirty two pounders, 200 barrells of powder, 500 musquetts, 5 tons of musquett shot, 1 ton of match, and 500 swords, besides other necessary Ordnance stores; and H.M. has also ordered a 50 gun ship to be fitted out forthwith to convoy the sd. stores thither. These marks of H.M. concern for the security of His subjects in Jamaica will undoubtedly meet with suitable returns of duty from them. I wish yor. Grace all imaginable success in the King's service, and in laying a foundation for the future prosperity of the Island. Signed, Carteret. [C.O. 324, 34. p. 213.]
Dec. 31.
398. Mr. Burchett to Mr. Popple. Asks for copies of Acts of S. Carolina, for erecting Charles Town into a City, and for regulating the fees of the Admiralty Court. Signed, J. Burchett. Endorsed, Recd. 3rd Jan., Read 15th May, 1723. Addressed. ½ p. [C.O. 5, 358. ff. 239, 240v.]
Dec. 31.
399. A Declaration of the Assembly of the Massachusetts Bay, relating to their difference with Governor Shute. See Sessional Papers. Signed, John Park, Speaker. Endorsed, Recd. (from Mr. Sanderson). Read 20th Aug., 1723. 14 ½ pp.[C.O. 5, 868. ff 386, 388–395.]