America and West Indies
January 1723

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Institute of Historical Research

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Cecil Headlam (editor)

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1934

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197-206

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'America and West Indies: January 1723', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 197-206. URL: http://www.british-history.ac.uk/report.aspx?compid=72009 Date accessed: 20 April 2014. Add to my bookshelf


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Contents

January 1723

[Jan. v]408. Mem. Wm. Byles at the Office of Enquiry at No. 3 Figgtree Court in the Inner Temple. Slip. Undated. [C.O. 152, 14. f. 188.]
[Jan. 9.]409. Petition of Simon Fabian to the Council of Trade and Plantations. The title deeds of petitioner's plantation in Newfoundland, bequeathed to him by his brother, who bought it of William Taverner in 1698, were destroyed by the French upon the taking of Fort St. Johns. Taverner pretends to sell it etc. Prays for relief. Endorsed, Recd. 9th, Read 16th Jan., 1722/3. 1 p. [C.O. 194, 7. ff. 83, 84v.]
Jan. 10.
Whitehall.
410. Mr. Popple to Mr. West. Encloses Act of New York, 1722, to enable trustees to sell lands of Gilbert Livingston etc., for his opinion in point of law, and presses for report upon Carolina Acts, etc. [C.O. 5, 1124. p. 317.]
Jan. 10.
Whitehall.
411. Council of Trade and Plantations to the Lords Committee of the Privy Council. Representation upon pirates' petition for pardon, (v. 9th Nov., 1722). Quote West India merchants, 7th Dec. Continue: We have no reason why H.M. may not be graciously pleas'd to issue his Royal Proclamation for their pardon. Upon this occasion however, we think it proper to represent, that in former Proclamations of this nature, it has been usual to fix a certain day beyond which no act of piracy shall be pardon'd by the said Proclamation, which is generally proportion'd to the time by which the persons concern'd may reasonably be supposed to have notice of the said Proclamation, after which there is likewise a further day fix'd, before which all such persons who mean to take the benefit of H.M. most gracious pardon, are to surrender themselves. Some Proclamations of this kind have been issued by H.M., with very little effect; the main reason whereof, as we have been inform'd, hath been that the pirates are all of them apprehensive that immediately upon their surrendring themselves to any of the Governors of H.M. Plantations in America, all their effects would be seiz'd, wherefore altho' H.M. cannot by law give up the property of any persons goods piratically taken from him, yet there is no doubt but that H.M., if he is so graciously dispos'd, may depart from his own right to any goods found in the possession of pirates, and may likewise, if the same shall be thought reasonable, give orders in the body of the same Proclamation, by which he shall publish his most gracious pardon to the said pirates, that none of the Governors of H.M. Plantations do presume to seize or take possession of any goods in custody of such pirates as shall come in upon the said Proclamation, which clause in all probability would be a great inducement to the pirates to surrender themselves, and neither H.M. subjects nor any other person whatsoever would be thereby debarr'd from recovering their effects in the hands of the said pirates by due course of law. [C.O. 324, 11. pp. 3–6].
[Jan. 14.]412. Sir W. Alexander's grant of Nova Scotia. (v. 4th Sept.). Copied from the original (copy) received from the Lord Provost of Edinburgh, which was sent to the English Commissioners at Paris with the Board's letter, 11th Oct., 1750. Endorsed, Recd. 14th, Read 16th Jan., 1722/3. Copy. Latin. 33 pp. [C.O. 217, 4. ff. 160–176, 177v.]
[Jan. 15.]413. Richard Shelton to the Council of Trade and Plantations. In behalf of Samuel Eveleigh and Eleazer Allen, merchants of Charles Town and other inhabitants thereof, prays to be heard by his council against an Act of South Carolina, for the better Government of Charles Town. This Act was passed without the privity or consent of the inhabitants of the town, the major part of whom petitioned the Governor, Council and Assembly against it as soon as they had notice of it, but their petition was rejected. By the Act very great grievances and burthens are laid upon them, which will in a short time force several to remove thence, whereby the town will in a great measure be deserted. There are other things contained in it contrary to the common law, usage and custom of Great Britain etc. Endorsed, Recd. 15th, Read 16th Jan., 1722/3. 2 pp. [C.O. 5, 358. ff. 204, 205v.]
Jan. 16.
Whitehall.
414. Lord Carteret to the Governor of the Leeward Islands. Peter Buor is to remain in the peacable enjoyment of his lands, until H.M. shall think fit how to dispose of the late French part of St. Kitts etc. Signed, Carteret. [C.O. 324, 34. pp. 214, 215].
Jan. 16.
Whitehall.
415. Lord Carteret to Governor Burnett. Mr. George Ingoldesby, Lt. and Adjutant of one of the Independant Companies of New York having represented that there is an arrear of salary due to his late father, Col. Richard Ingoldesby, as Lt. Gov. of New Jersey, amounting to £630, and to John Pinhorne, his brother-in-law, as Clerk to the Assembly of the Jerseys, £105, for both which there are warrants which remain unsatisfyed, it is H.M. pleasure that, in case these demands shall appear to you to be just, you should recommend them to the Assembly at their first meeting after your receipt hereof, and use your endeavours that the sd. warrants may be discharged. Signed, Carteret. [C.O. 324, 34. p. 216].
Jan. 18.
Whitehall.
416. Lord Carteret to Governor Hart, M. Chammorel, the French Secretary here, hath represented that Jean Haristoy of Bayonne, Capt. of the St. Francois of Guadaloupe, laden with cod, oyl and flower, was taken out at sea on 15th July last by an English pirate, who deliverd up the ship and cargo to an Englishman an inhabitant of St. Christopher's etc. It is H.M. pleasure that you send the proper directions to the Lt. Governor of St. Christopher's, that he cause them to be restored. In regard to the justice of this demand, and to the preserving the friendship and good correspondence subsisting between the two Crowns, H.M. expects, that you should give the most speedy and effectual orders for this purpose. Signed, Carteret. Annexed,
416. i. M. Chammorel to Lord Carteret. London, Jan. 2/1 9/8, 1723/2. v. preceding. French. [C.O. 324, 34. pp. 217, 218].
Jan. 20.
Antegoa.
417. Governor Hart to the Council of Trade and Plantations. There having been no ships from hence to London since my arrival from St. Christophers, except the first day I came to Antegoa, I have not had an opportunity to acquaint your Lordships of the condition of this Government. I find there has been such a stagnation of business, especially in the Chancery Courts, for want of the frequent presence of the former Commanders in Chief in the several Islands, that I am under the necessity of visiting them every three months, tho' it is attended with such an expence, that one might much easier, cheaper and with good figure make the Tour of France so excessive is the price of provisions, labour and conveniences in the West Indies. But I shall always prefer my duty to my interest. The Island of St. Christophers is likely to make more sugars this year, than since it has been first settled: And all possible care is taken of the Militia, and putting their forts in the best posture of defence, which I don't fail to urge them to, whilst their publick is out of debt, and that they enjoy peace and increase in wealth; For in case of a war with France, this Island would certainly be the first would be attempted; The French having given up their pretentions with reluctancy. The Assembly are preparing to revise their laws; And have passed but one private Act herewith sent, entitled an Act to enable Andrew Audain and Peter Audain infants etc. The purport of that Act is; that the Father of these infants being an alien purchas'd an estate in St. Christophers for them who are natives: and having an opportunity of laying out his money to more advantage than in lands which he could not attend; This Act is provided in aid to the father, and the purchase money secur'd to the infants. The Council and Assembly of Nevis have never prepar'd any one bill since my arrival, but the poll tax, which I have passed and inclos'd to your Lordps. I have not been wanting from time to time to remind them of several things useful, especialy in what relates to their militia and fortifications: But it is their misfortune to have the most wealthy and best educated of the people belonging to that Island reside in England: And I am sorry to observe, that many of those that remain are most obstinate and perverse in their nature and manners: inveterately disaffected to H.M. Government: and that person has been esteem'd as the most couragious amongst them, who rejects everything propos'd by their Governours; This temper they have been remarkable for ever since the Revolution. And yet no one Plantation has recived so many indulgent favours from the Crown. The Assembly of Montserrat are the reverse of their neighbours, and tho' they have many inhabitants of the Romish Religion, yet their behaviour is very well towards the Government: On the arrival of Mr. Dilke, Lieut. Governour of that Island, they were so pleas'd with that gentleman's character and merit (which he has indeed a great deal of) the Assembly prepar'd the inclos'd bill, which I have passed. This Act lays a very easie and moderate duty on beef, pork, herrings and other things, to raise the annual sume of £300 current money This Act to continue for three years only and also provides he resides in his Govermt. Three hundred pounds current money is no more than £200 sterling, which with the addition of his sallary will barely maintain him there: and considering that gentleman has lately parted with his Commission as Major of dragoons in Brigadeer Munden's Regiment, he will be far from being a gainer by the exchange. But as this Act was chearfully and unanimously pass'd I hope it will find your Lordps. approbation, and that you will please to recomend it to H.M. for confirmation. I beg leave to remark to yor. Lordps., that good Officers are absolutely necessary in these Colonies, and deserve encouragement; The want of which has been justly said to be the occasion of the great losses in the late war. For what relates to Antegoa, I beg leave to refer yr. Lordps. to my inclos'd Speech, and the Addresses of the Council and Assembly there; In which your Lordps. will please to observe the happy disposition they are in to do whatever is recommend'd for the benefit of the Island. Their loyalty is highly commendable, and indeed there is much to be said of these good people, to entitle them to H.M. favour and your Lordps. esteem: But so uncertain is the state of human affairs, This Island which was in so flourishing a condition at the opening of the Assembly, is since that become more sickly, than at the first settlement of it. The feaver affects equally the whites and blacks, and is so violent that they become delirious and convuls'd; Tho' not many in proportion to the sick, dye above 15 years of age: But to add to their affliction, after the prospect of making the largest crop of sugars that has been known, a strong North wind, which has constantly blown for some time, has blasted their hopes; and were their negroes in health to labour, yet the inhabitants would now loose more than half of their expectations. So many of the Council and Assembly are affected, that they have not been able to do business: nor even to sign a most loyal Address to H.M. upon the happy discovery of the late conspiracy: All business seems to be suspended, but that of the Physicians of whom they have great numbers—of the unskillfull. Thé Pyrates begin to swarm in these parts: But as there are many of H.M. ships on these stations, I hope they will clear our coasts of that pest. Signed, Jo. Hart. Endorsed, Recd. 9th April, Read 14th June, 1723. 4 pp. Enclosed,
417. i. Address of Council of Antigua to Governor Hart. 10th Jan., 1723. Thank H. E. for his Speech and care for their security and happiness. Promise to discharge the public debt. Agree that prices should be regulated by the best advices of the British market. The Act for the increase of white people, has not answered the end proposed, and a more effectual one should be passed. Re-erecting of new magazines and a prison having been formerly referred to Comittees of both Houses, pray H. E. to order their report therein. Will heartily concur in preparing remedies against excessive gaming. Express gratitude to the Divine Providence for the preservation of H.M. from all the horrid conspiracys formed against his person and Government etc. Copy. 2 ¾ pp.
417. ii. Address of the Assembly of Antigua to Governor Hart. 10th Jan., 1723. To same effect as preceding. Sighed, Ashton Warner, Speaker. Copy. 2 ½ pp.
417. iii. Speech by Governor Hart to the Council and Assembly of Antigua. Proposals replied to in preceding. Nos. i—iii endorsed, Recd. 9th April, 1723. Copy. 2½ pp. [C.O. 152, 14. ff. 195–196v,, 197v.–203v.]
Jan. 25.
Whitehall.
418. A. Popple to Mr. West. Presses for reply to 28th April, concerning Instructions of Commadore of Newfoundland. [C.O. 195, 7. p. 86.]
Jan. 26.
Antegoa.
419. Governor Hart to the Council of Trade and Plantations. On 16th Dec. past Mr. Uring Governour of St. Lucia, by commission from the Duke of Montagu, came to an anchor in that Island, in H.M.S. the Winchelsea, with two hired ships and a sloop belonging to the Duke of Montagu, having on board a 180 persons in order to settle a Colony there. The next morning Mr. Uring landed his men at a place called the little Carenage where there some remains of the works made by the order of Marshal d'Estrees about three years past by grant from the French King, and abandon'd at the instance of the British Court. On the 22nd H.M.S. Hector and Feversham arrived at St. Lucia to countenance the settlement under Mr. Uring: The same evening a French sloop arrived there, having two officers on board with a message from M. de Pas Feuquiere, General of Martinique, who sent Mr. Uring a copy of the French King's orders, to oblige the English (as they are termed) to evacuate the Island of St. Lucia; Mr. Uring sent to the two Commanders of H.M. ships, to know how far they would assist him, who answer'd, as I am informed by Capt. Brand Commander of the Hector, that they were ready to assist him in case he was attacked; And accordingly made disposition of their ships to bear within musket shot on the only avenue the French could approach Mr. Uring by. On the 23rd Mr. Uring began to repair the works formerly made by the French in which he was assisted with men from the ships of war. In the mean time the French from Martinique to the number of 400, landed at St. Lucia at Shock Bay seven miles from Mr. Uring's camp to avoid the British men of war; And immediately 29 persons belonging to His Grace the Duke of Montagu deserted to the French, whom Mr. Uring claimed by an officer in vain. On the 6th of Janr. the Marquis De Champigny Governour of Martinique joyned the French formerly landed with 1400 men, and immediately marched through the woods clearing his way with great labour to approach Mr. Uring's little camp; And when he had advanced within a mile of it, sent an officer to let him know, that he was come to put his Master's (the French King's) orders in execution, and that he, Mr. Uring, with the people under his command must instantly evacuate the Island. Mr. Uring on this summons consulted the Commanders of H.M. ships, who declined advising him for want of orders; But the Council appointed him by His Grace of Montagu, unanimously agreed to treat with the Marquis, having no confidence in their own men, being unskilfull in arms, few in number in proportion to the French, many sick, and most of them in a disposition to desert from the hopes of gaining their liberty, being contracted servants. From this wretched posture of affairs Mr. Uring consented to treat with Monsr. De Champigny; Accordingly a Capitulation was signed on the 8th. to evacuate the Island in seven days; The 16th Mr. Uring with the people under his command, except deserters, went on board the ships that brought them here, and arrived on the 18th at Antegoa under convoy of H.M.S. Hector. I am truely sorry for the disappointment and loss His Grace of Montagu has sustained in this Expedition; and have reason to say, that the persons imployed on that service, were neither acquainted with the Island, nor had capacities for the establishing a New Colony; For without any opposition from the French their own contention was enough to have destroyed his Grace's views. On Mr. Uring's arrival here I proposed the taking six of these people on the terms they contracted with His Grace of Montagu's Agents; And in case His Grace had further service for them to deliver them to his order; Which was agreed to, and all the people disposed of in the same manner. My intention has this effect; First to save His Grace the charge of maintaining so many men, and the ships for six months, in which time probably he will signifye h is commands; And if His Grace should decline settling of St. Lucia, it will be an additionall strength to these Islands, where white persons are so much wanted in case of a war: For the French have shewed us by this last Expedition, that they are able to send a sufficient force in six hours (for it is no more from Guadaloupe to Antego) to destroy any one of the Leeward Islands; Unless there be a good Naval force on this Station to interpose. My Lords, on the complaint made me of the cruel treatment at Guadaloupe of the master and supercargo of a sloop belonging to this Island; And having received no answer from Monsr. De Pas Feuquiers, nor redress to the sufferers, on my letter to him of the 8th of Septr. past (No. iv.): And having repeated advices of the armament of the French at Martinique, and no ships from Great Britain to this Island in some months; I thought it necessary to put the Islands of this Governmt. in the best posture of defence: And immediately dispatcht Captn. Paul George Master of the Horse to His Grace of Montagu, and whom on this occasion I stiled my Aid de Camp, with a letter to Monsr. De Pas Feuquiers (No. v.) etc. My intention of sending this express was to get the best information of the French, not only to provide for the safety of this Governmt. but also to assist the British Settlement on St. Lucia. Tho' I have never received any commands from H.M., nor those in authority under him, to be aiding to His Grace of Montagu therein; and consequently the charge of such aid must have fallen on me: And tho' Mr. Uring never wrote to me for my assistance: Yet I was resolved to run all risques rather than have suffered an insult on a British Colony. Captn. George having by my order touched at St. Lucia, where he found Mr. Uring and his people decamped returned to me the 17th inst., after 12 days of passage, with a letter from Monsr. De Pas Feuquiere, (No. vi), the first part your Lordships will please to observe, says he did answer my former letter, but knows not by whom he sent it, and pleads ignorance for what the Admiralty did in relation to the sloop mentioned, to whom he says the sole cognizance of such affairs belong. To the latter part of my letter he answers, that the armament he was preparing was in no wise to disturb the Domain of His Britanick Majesty, but to oblige the Colony sent by the Duke of Montagu to evacuate the Island of St. Lucia; This he says is in obedience to the King His Masters Order (No. i.) etc. Your Lordships will please to observe, that by the first Article (No. iii.) Mr. Uring has precluded any assistance he might receive from Great Britain or these Colonies. I submit it to your Lordships superiour judgement, whether in the French King's Orders to Monsr. De Pas Feuquiers the stile of Le Roy d'Angletere, be not a dimunition to the Majesty of Great Britain. I have inclosed a draught of the harbour of the Carenage, which shews the disposition Mr. Uring made for his defence: the s(t)ations of the British men of war for his support; and the several approaches of the French, who in my humble opinion would have been disappointed in their designs, had there been but the same number of the Regular troops, under experienced officers, as there were raw, undisciplined and mutinous men under Mr. Uring. Signed, Jo. Hart. Endorsed, Recd. 9th, Read 10th April, 1723. 4 pp. Enclosed,
419. i. Order of the King of France to Le Sieur Chevalier de Feuquiere, Governor and Lt. General of the French Windward Islands. Versailles, Sept. 21st (N.S.), 1722. His Majesty being informed that the King of England has granted the Islands of St. Vincent and Ste. Alouzie to the Duke of Montagu, has made complaint to the Court of England, asserting that neither of these Islands belong to that Crown, as the former ought to remain to the Caribs according to the Convention made with those people, and the latter belonging to France which had agreed to suspend settling it at the request of the King of England etc. In case the English dispatched by the Duke of Montagu attempt to take possession of Ste. Alouzie, the Sieur Chevalier de Feuquiere is to summon them to withdraw in a fortnight and if they do not do so to compel them by force of arms etc. Signed, Louis. Approved, Philippe D'Orleans. French. Copy. 1 ½ p.
419. ii. Covering letter of preceding. Same date etc. Signed, L. A. de Bourbon. French. Copy. ½p.
419. iii. Articles of Capitulation for evacuating Sta. Lucia to the French. The Colony of the Duke of Montagu undertake to evacuate the Island completely in 7 days "whatever succour or orders they may receive to the contrary from his Britannic Majesty" etc. Nine articles concerted by Lt. John Brathuaire[=waite?] and the Marquis de Champigny, 18th Jan., 1723, and signed the following day by Nathaniel Uring, Deputy Governor and Commander in Chief of the Colony of the Duke of Montagu etc. French. Copy certified by, De Pas Feuquiere. Endorsed as preceding. 2 ½ pp.
419. iv. Governor Hart to M. De Pas Feuquiers, General of the French Caribbee Islands. Antegoa, 8th Sept., 1722. Complains of the seizure of the sloop of Mr. Wilkinson of Antigua off Guardeloupe. The master, super cargo and negro were cast into prison there only for tradeing in their distress one barrel of herrings in exchange for flour and fodder, which was lawful by the Treaty of Utrecht etc. Those of the French Nation are treated by us with all possible humanity and kindness, whenever their private affairs or misfortunes bring them within my jurisdiction etc. Requests the release of the prisoners and restitution for their damages. Concludes: The sloop mentioned is cast away on Nevis, and of nine soldiers on board, two only are saved, which I have ordered to be well treated and sent to Martinique by the first conveniency etc. Signed, Jo. Hart. Copy. 3 pp.
419. v. Same to Same. Antegoa, 4th Jan., 1723. Expresses surprise that he has received no answer to preceding. Continues;—I have repeated assurances by very late accounts that Great Britain is under the strongest engagements of amity with France etc. At the same time, I am informed that you have lately laid an embargo on all ships and are preparing a considerable armament for some forreign expedition, and as that armament justly gives umbrage to those of the British Nation in these Islands, I have ordered Capt. Paul George to demand of you in H.M. name whether the expedition is intended against the Islands subject to the King of Great Britain etc. Signed, Jo. Hart. Endorsed, Recd. 9th, Read 10th April, 1723. 3 pp.
419. vi. M. De Pas Feuquiere to Governor Hart. Fort Royal, Martinique, 21st Jan. (?N.S.) 1723. Reply to preceding. He sent a reply to Sept. 8 by the master of some English vessel. The affair of Mr. Wilkinson's sloop does not concern him but the officers of the Admiralty and the Court at Guadeloupe where she was condemned. Continues:—The armament I have prepared is in pursuance of orders from the King my Master to oblige the Colony which the Duke of Montagu has sent to Ste. Lucie to evacuate it and is not directed against any of the domains of Great Britain etc. Sends and refers to Nos. i.–iii. Signed, De Pas Feuquiere. Endorsed as preceding. French. Copy. 2 pp. [C.O. 152, 14. ff. 176–179, 180, 181, 182, 183–185, 186–187v., 189v.; 190v.; [and (extract of covering letter) 253, 1. No. 28.]
Jan. 29.
Whitehall.
420. Lord Carteret to Governor Hart. It is H.M. pleasure that Anne McArthur remain in quiet enjoyment of the plantation of which her late husband died possessed (v. C.S.P. 25th June, 1718), and which she represents that he laid out his whole substance in improving, until H.M. shall come to a resolution how to dispose of the late French part of St. Christophers etc. In case you have given any grant to dispossess her, you are to recall the same. Signed, Carteret. [C.O. 324, 34. pp. 219, 220].