America and West Indies
June 1723

Sponsor

Institute of Historical Research

Publication

Author

Cecil Headlam (editor)

Year published

1934

Pages

282-301

Annotate

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

Citation Show another format:

'America and West Indies: June 1723', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 282-301. URL: http://www.british-history.ac.uk/report.aspx?compid=72015 Date accessed: 23 October 2014.


Highlight

(Min 3 characters)

June 1723, 16–31

June 19.
Whitehall.
590. Council of Trade and Plantations to Lt. Governor Drysdale. Acknowledge letter of 20th Dec., and congratulate him upon his safe arrival. Continue:—We think it may be for H.M. service to begin our correspondence with you by taking notice of several particulars in your predecessors letters which we had no opportunity of answering before his removal. Refer to Representation of July 1721, relating to the two new Counties. Continue:—As soon as we shall have receiv'd H.M. directions thereupon, we shall not fail to give you an account thereof. Nothing hath hitherto been determin'd by H.M. upon this head; But we apprehend the remitting of the quit rents for ten years etc. will meet with very great difficulties at the Treasury. We observe that several disputes have arisen between your predecessor and the House of Burgesses in relation to some privileges claim'd by them, and must desire you would take care there be no innovations made on H.M. Prerogative or the ancient usage of your Assemblies, and we doubt not but that by your prudent management all those animosities will cease. Refer to project of light-house. (v. 10th July, 1722 etc.) Continue:—Considering that the duties to be levied for that purpose would chiefly affect the trade and shipping of this Kingdom, and that the merchants here seem already alarm'd at the proposal, we must desire that if you pass any Act for that purpose you would at least take care to insert a clause therein (pursuant to your additional Instruction) to suspend the effect of the said Act till the same shall have been confirm'd by H.M. We must desire you would take all possible care to maintain and cultivate a good correspondence with the five Indian Nations etc., and we hope Colo. Spotswood's late negotiations will have had a good effect, but we were some time apprehensive of very bad consequences from the disposition of former Assemblys upon this head, in their Addresses to Colo. Spotswood they took this matter in too high a tone, for it is most certain that the people of Virginia will find themselves involv'd in all the misfortunes that may happen from a rupture with these Indians, tho' it may be they will not be so soon and so immediately affected by them as the inhabitants of New York, and we desire you would particularly recommend to them to remember that Virginia and New York being both of them Provinces under H.M. Government it doth behove them both mutually to contribute to each other's security upon all occasions, inasmuch as H.M. service in general is greatly concern'd therein, and altho' it is not expected that Virginia should be at the same expence as New York in treating presenting or entertaining these Indians, yet it would certainly highly reflect upon the discretion and loyalty of Virginia, if for the sake of a punctilio or for the sparing of a small sum of money they should at any time give cause of offence to the said Indians, whereby their affections to the British interest may be alienated etc. Quote from their letter of 14th July, 1720. Continue:—We have read what Col. Spotswood writes in relation to the piracies committed by the Spaniards at St. Augustine, but as none of the persons who have suffered thereby have as yet appear'd to specify their particular losses, we could do no more but inclose extracts to Lord Carteret etc. The Auditor of H.M. Revenue in the Plantations has made many objections to the Act for better collection of the quit rents, of which you will receive herewith a copy that you may get another Act passed not liable to the same difficulties; meanwhile we have represented to H.M. that it will be for his service to repeal the present Act. We congratulate with you upon the timely discovery of the negroes conspiracy and most heartily wish you success in all your proceedings for H.M. service and the prosperity of his Colony etc. [C.O. 5, 1365. pp. 245–250.]
June 19.
Whitehall.
591. Council of Trade and Plantations to the Lords Justices. We have had the opinion of Mr. West upon an Act lately passed in Carolina entituled An Act for the good Government of Charles Town. We have likewise examined into the complaints made by Mr. Shelton etc. against the said Act, and heard what could be offered in defence thereof by Mr. Yonge, and are of opinion that this is a law of a very extraordinary nature, and consequently ought not to have been assented to by H.M. Govr. of S. Carolina without a clause to prevent the same from taking effect till H.M. pleasure thereupon should have been known, pursuant to H.M. Instructions to all Govrs. etc. We are very doubtful whether it would be for the benefit of trade to incorporate this town even in the common form of incorporations; but the Corporation created by this Act is different from any other we have yet met with, and it is plain by the proceedings of the new Magistracy thereby erected, the inhabitants have already been much oppressed. Besides we are of opinion that incorporations should take their original rise from the bounty of the Crown, by H.M. Letters Patents, rather than from an Act of Assembly. Wherefore we would humbly propose to your Excellencies that this law may be repealed. [C.O. 5, 400. pp. 164, 165.]
June 19.
Treary
Chambers.
592. Horatio Walpole to Mr. Delafaye. It being stipulated in the 12th Article of the Treaty of Utrecht etc., that, on the same day whereon the ratifications of the Peace should be interchanged, solemn and authentick letters or instruments should be delivered to H.M. by virtue of which it should appear that the Island of St. Christophers and other places in the said Article mentioned were to be possessed, from thence, by British subjects alone. The Lords Commrs. of H.M. Treary. desire you to inform them whether such letters or instruments are delivered, and if so where recourse is to be had to them. Signed, H. Walpole. Addressed. 1 p. [C.O. 152, 42. No. 118.]
June 20.
Whitehall.
593. Council of Trade and Plantations to Mr. Secretary Walpole. Enclose Act of Bermuda to supply the deficiency of several funds etc. and Address thereupon (v. C.S.P. Nov. 23rd, 1722). Continue: This Act being contrary to the Instructions lately given to Governors, as a matter affecting the trade of Great Britain, etc., we thought it not proper to lay the same before H.M. for his Royal confirmation. But at the same time considering the poverty of Bermudas, and that it will be very difficult for them to find any other fund to defray the necessary charges of that Government, we thought it reasonable to let this Law lye by, that Col. Hope might (if possibly he could) find some other fund for the purposes of the present Act, less lyable to objection, and writ to him accordingly. But Col. Hope in answer to our letter having represented that he found it would be some time before that country could possible raise money for the support of the Govt., by any other means, and that the annual amount of this Act will not exceed £200 pr. annum, and having therefore desir'd that it might be confirm'd for the space of 3, instead of 21 years, we shall take the liberty unless we receive H.M. Orders to the contrary, to let the said Act lye by for the time mention'd in Col. Hope's letter and shall write to him by the first opportunity to the same purpose as we did formerly. [C.O. 38, 7. pp. 473, 474.]
June 20.
Whitehall.
594. Order of Lords Justices in Council. Referring to Committee of Council report of 24th May upon Act of Jamaica to augment the Governor's salary etc. Signed, Jas. Vernon. Endorsed, Recd. 20th Aug., Read 2nd Oct., 1723. 1 p. [C.O. 137, 14. ff. 227, 228v.]
June 20.
Whitehall.
595. Order of Lords Justices in Council. Referring Acts of Jamaica for making H.M. Revenue perpetual etc. and preventing frauds, etc. in collecting H.M. Revenue, with representation etc. of 24th May, to Committee of Council. Signed and endorsed as preceding. 1 ¼ pp. [C.O. 137, 14. ff. 229, 229v, 232v.]
June 21.
Whitehall.
596. Order of Lords Justices in Council. Referring same to the Lords Commissioners of the Treasury, who are to report how far the Revenue given will answer the necessary provision for the support of the Government, and how far H.M. Instruction hath been pursued in passing the said law etc. Signed and endorsed as preceding. 1 ½ pp. [C.O. 137, 14. ff. 230, 230v, 232v.]
June 20.
Whitehall.
597. Order of Lords Justices in Council. Approving draught of Instructions to Lt. Governor Burrington etc. Signed, Jas. Vernon. Endorsed, Recd. 20th Aug., Read 2nd Oct. 1723. 1 p. [C.O. 5, 1266. ff. 135, 136v.]
June 20.
Whitehall.
598. Council of Trade and Plantations to Governor Hart. Acknowledge letters of 2nd May, 22nd June, 11th July, 1722 and 26th Jan. 1723, etc. Continue:—As to the Act of St. Christophers for settling £2000 per annum etc. for your salary, and the other Act from whence the said is to arise for laying certain duties upon sugars etc. exported etc., these being agreeable to your Instructions we took the first opportunity of laying them before H.M. for his royal approbation. If the two Acts pass'd in Antego and Montserrat for the same purpose had been conceiv'd in terms no more lyable to objection, we should likewise have represented in favour of them. But that of Antego affecting the trade and shipping of Great Britain hath been repeal'd as you will see by the Order of Council inclos'd, and the other from Montserrat will be laid before H.M. to be repealed for the same reasons; We hope however these Islands may be induced to make a suitable provision for you, upon the repeal of the former Acts for that purpose, and raise the same by such methods as may leave no room for objections at home, for we are sensible that the discharge of your trust, and the frequent visits you are obliged to make to the several Islands under your Government must be attended with a considerable expence. We are very much oblig'd to you for the short state you have sent us of the several Islands under your Government, and we shall with pleasure receive any additions that you may occasionally make to it, for which purpose we send you inclosed some heads of inquiries, being the same that are transmitted to the several Governors of H.M. Islands in America. We did some time since represent as you desired the necessity of naming two new Councillors in the Island of Nevis, etc., and Wm. Pimburt and Major Abbot whom you named have accordingly been appointed etc., and likewise Major Holmes to succeed Mr. Lydel in St. Xtophers etc. We are glad to understand that the Militia of St. Xtophers is upon so good a foot, and we doubt not but that of Nevis will in time by your directions be brought into better order. We thank you for the particular account you sent us of the proceedings between the English and French at St. Lucia; the consideration of that matter now lies before his Majesty, in the mean time we think you have done very well to ingage sevl. of the persons designed for the planting of that new Colony to settle with you, it being undoubtedly for H.M. interest, that the Leeward Islands should be well peopled. We approve very much of the letters you writ to the Governor of Martinique in favour of H.M. subjects who have been ill-treated there; we have transmitted copies thereof, together with copies of ye papers you sent us relating to Sta. Lucia, to the Lord Carteret, that he might lay the same before H.M. We have long had under our consideration the Act passed at Antego in 1715/16 to indemnify Ant. Brown and John Elliot from a certain bond, etc., and upon the return of an answer to several queries formerly sent to your predecessor from this Board, we heard Counsel upon this matter, and it would seem to us very reasonable that this Act should be repeal'd. But however considering that it is very probable that several sums of mony have actually been collected and employed, by vertue of this Act for the building a new Church tho' it might be reasonable on the one hand to free the inhabitants from the apprehension of further collections, so on the other side it would seem just to indempnify those who have hitherto been concern'd in the execution of this Act from prosecutions and lawsuits by reason of their having so acted, and if we are rightly informed the disputes between the Parishioners might best be composed by passing of a new Act for these purposes which we recommend to your care, a nd we shall let the old Act ly by till we hear further from you. We shall be glad to receive from you the collection of the Laws of the several Islands under your Govt. so soon as the same can be made compleat. We take this occasion to assure you that we sincerely wish you success in all your undertakings for the benefit of H.M. service. P.S. June 21st. Since the beginning of our letter we have been favoured with yours of the 9th of April last, and have sent an extract of it, so far as relates to the ill usage H.M. subjects have met with from those of France to Mr. Secy. Walpole that he may lay the same before H.M. etc. We thought it proper to lose no time in this matter, it being highly necessary to put a stop to these unreasonable and violent depredations as soon as possibly may be. We shall consider the Acts mentioned in your letter and have a just regard to the Representations you make concerning them. [C.O. 153, 14. pp. 109–116.]
June 21.
Whitehall.
599. Same to Mr. Secretary Walpole. Enclose extracts from Governor Hart's letter, 9th April, "by which we find this evil (the ill treatment of H.M. subjects by the Governor of Martinique, 10th April), is grown to so great a head, it will be absolutely necessary H.M. should have the goodness to interpose his authority without loss of time to put a stop to these violent and unreasonable depredations made upon H.M. subjects in the West Indies by those of his most Christian Majesty." 1 p. [C.O. 152, 40. No. 5; and 153, 14. pp. 116, 117.]
June 21.600. Mr. West to the Council of Trade and Plantations. Report upon 5 Acts of Bermuda, to which he has no objection. Signed, Richd. West. Endorsed, Recd. 22nd June, Read 26th July, 1723. 1 p. [C.O. 37, 10. No. 42.]
June 23.
Whitehall.
601. Order of Lords Justices in Council. Appointing Col. John Plaisted and John Frost to the Council of New Hampshire. (v. 13th June). Mem. The Agent of New Hampshire has been acquainted with this Order, though he has not taken it from the Councill Office. Signed, Jas. Vernon. Endorsed, Recd. 17th, Read 18th Dec., 1723. 1 ¼ pp. [C.O. 5, 869. ff. 1, 2.]
June 24.602. Petty Expenses of the Board of Trade, March 25th-June 24. v. Journal of Council. 6 pp. [C.O. 388, 78. ff. 63–70.]
June 25.
Bermuda.
603. Lt. Governor Hope to [?Lord Carteret]. This will be delivered to your Lordp. by a son of Capt. Falconers: who is the chief cause of this letter, from the talk wee have had together about the Baltick; which I assure your Lordp. (at the currencie of conversation here) has been of great consolation to me. Your Lordp. may have met with people in your travels whose talent consisted in lentheing of a story. The people here are particularly gifted that way with the addition of a faculty which seems to me to be something supernatural and very much akin to the knack that J. Cæsar had of dictateting to several Secretarys at once etc.: but very different in effect: for here a man can with a great deal of ease tell three or four different storys (at once) so twisted and interwoven that the devil himself cau'd not tell what he would be at. My Lord I assure you a new face is a very acceptable thing here, but this young fellow who does not want sence was in a particular manner wellcome as he brought to my remembrance in a more lively manner the reception I met with in that part of the world when I had scarce anything to rely upon but dispair. I am now more seneible of the poor pickle I was in than ever etc. Expresses gratitude. Continues:—This place is no worse than what I expected, and as for liveing it's tollerable and cheap: for diversions, a sportsman may be very well diverted here with shooting and fishing provided he can bear the scorching sun and tumbleing of the sea. But I am too much a man of business to give myself that latitude. And to speak seriously any business that there is here gives me trouble enough; for I am oblidged to do every other body's duty as well as the Governours, for it is not worth any subaltern's while here to do his duty. Piracy and accessarys to piracy are crimes here just as epedemick as whoreing and drinking, nor is it lookt upon by us here to be more enormous than smuggleing is in Brittain. I cou'd give your Lordp. several instances to convince you that what I say is literally true. But shal only trouble you with the answer of an honest man to whom not long ago I was lamenting the correspondence I perceived there was betwixt these people and the pyrates. Sr. (sayd he) you'l have business enough upon your hands if you go about to rectifie that, for, there is not a man that sails from hence but will trade with a pyrate etc. I have of late made a discovery from whence the first ideas of the South Sea took their rise etc. About 34 years ago a pyrate ship came in here and the crew for want of evidence were dismiss'd, they haveing committed no hostilitys but in the South Sea: The mate of that ship, one leak, married here, and about 3 or 4 years afterwards died, leaveing with his wife some papers which he told her might be of use to somebody. About 16 years ago one Mr. Pulleine losst his ship here and happening to lodge at this woman's house (who suffer'd these papers to lye up and down loose) took a fancie for them and stole them; it seems that these were the Journals of all their transactions and navigation with a particular account of all that coast and discription of its harbours and strenths. This manuscript Mr. Pulleine (who was a mercurial fellow with some learning) was at the pains to put in a dress which it seems pleas'd my Lord Oxford as pass'd it upon his Lordp. for the Journal of a voyage, which he had perform'd: He had for his reward the Govermt. of this place where he lived about two years and was fool enough to make this discovery. I shall refer your Lordp. to the bearer for the news of this place which is not worth troubleing you save that two pyrates mentioned 20th March are condemn'd to be hang'd on 28th of this month: I have a great deal of business which is not yet ripe to lay before your Ldp. and I wait for the answer to what I have already writt etc. Signed, John Hope. Endorsed, Rd. Aug. 4th., Rd. at Hanover 27th Aug. N.S. Holograph. 5 pp. [C.O. 37, 26. No. 27].
[June 25]604. Petition of James Woodside to the King. Petitioner was late minister of the Gospel at Brunswick, N.E. With 40 families, consisting of 160 persons, he did in 1718 embark at Derry Lough in order to erect a Colony in Casco Bay, Main, N.E. They made a settlement at a place called by the Indians Pegipscot, but by them Brunswick, within 4 miles from Fort George, where (after he had laid out a considerable sum upon a garrison house, fortify'd with palisadoes and two large bastions, had also made great improvements, and laid out considerably for the benefit of that infant Colony) the inhabitants were surpriz'd by the Indians in July, 1722, who came down in great numbers to murder them. The inhabitants, naked and destitute of provisions, were sheltered and provided for in petitioner's house, which is still defended by his sons. The Indians in revenge destroyed all his cattel and moveables etc. Prays, in compensation for his enterprise, great losses, and the bravery of his sons, to be appointed to succeed Mr. Cummins, Searcher at Boston, lately deceased. 1 p. Attached,
604. i. Certificate by Governor Shute, London, 25th June, 1723. Confirms preceding. Petitioner's generosity is taken notice of by both Doctors Mathers etc. Signed, Samuel Shute. Copy. 1 p. [C.O. 5, 752. Nos. 20, 20. i.]
June 25.
New York.
605. Governor Burnet to the Council of Trade and Plantations. I have the satisfaction to sent your Lordships an account of the success I have had, in settling a trade with the far Nations of Indians. Last Spring there came about twenty far Indians to Albany, and this month about eighty, besides women and children which they commonly bring with them where ever they go. I have sent your Lordships a Minute of all their proceedings at Albany, by which it appears that they are now incorporated with the five Nations, who had before admitted the Tuskarores, to make a sixth Nation, and now this far Nation has been received as a seventh. They are come above a thousand miles to Albany, from Misilimakenac, which lyes between Lac superieur and Lac Huron, as it is laid down in De Lisle's Map of the Lovisiane. I have now intelligence of forty or fifty more far Indians who are coming to Albany to trade, and thus I find the fruits of the Act restraining the trade to Canada, and of the Company whom I have kept in the Sinekees country, whose business it has been to perswade all the Indians that pass by, to come rather to trade at Albany than at Montreal, and as the Indians who come from the remote Lakes to go to Canada are commonly in want of provisions when they come below the falls of Niagara, they are obliged to supply themselves in the Sinekees country, where our people are, and then they may take their choice where they will go and trade, which considering the experience they have now had of the cheapness of goods in this Province, we need not fear will be universally in our favour, and I now flatter myself that the most difficult part is over, since the very traders of Albany, who were fond of trading to Canada, generally confess their errour, and that since the remote Indians will come to them, they ought not to share that trade with the French, which they may keep wholly to themselves. If I am so happy as to get the two pr. cent. Act confirmed, I shall be very earnest to build a fort in the Indian country among the Sinekees, which I beleive will be the best way to secure the passage of these remote Indians from any interruptions which may be given them by the French, who have their Agents continually busy to pervert our Indians. I send your Lordships two discourses which Mr. Colden, has composed at my desire etc. v. following. The Assembly is now sitting in this place, they have made some provision for the deficiency in the Revenue and for the expence of keeping a Company in the Sinekes country, but as they have not quite finished, I shall defer giving a particular account of their proceedings to another opportunity. P.S. Repeats part of following relating to capture of pirates, etc. Signed, W. Burnet. Endorsed, Recd. 7th Aug., Read 23rd Oct., 1723. 2 pp. Enclosed,
605. i. An Account of the Trade of New York. By C. Colden, Surveyor Genll. of the Province. Set out, N.Y. Col. Docs. V. pp. 685–690. Same endorsement. 14 pp.
605. ii. An Account of the Climate of New York. By C. Colden etc. Set out, N.Y. Col. Docs. V. pp. 690–692. Same endorsement. 7 ½ pp.
605. iii. Conference of the Commissioners of Indian Affairs in Albany, with 80 men of the Far Indians etc., 29th May, 1723. Set out, N.Y. Col. Docs. V. pp. 693–697. Endorsed, Recd. 7th Aug., 1723. 11 ½ pp. [C.O. 5, 1053. ff. 147–148v., 149v.–166v.]
June 25.
New York.
606. Governor Burnet to Lord Carteret. Refers to letter of 12th Dec., 1722, and encloses accounts of the climate, trade and product of the Province. Continues:—They are both done by Mr. Colden the Surveyor General, a person who has seen most parts of America, is a good physician and has been a merchant several years etc. He is preparing a map of the Province, which I have directed him to draw from all the latest surveys and particular drafts that have been made since any that are in print etc. I shall soon be able to send your Lordship the number of the inhabitants etc. The other enclosed relation is a Minute of the Transactions of the Commissioners whom I have appointed to take care of the Indian affairs at Albany. etc. Repeats account of incorporation of Seventh Nation as in preceding. Continues: This Seventh Nation are come to trade here upon the general invitation which I have given to all Indians, promising them goods cheaper than it is possible for the French to afford them: and to which end I have for two years together kept a small party of English constantly among the remotest of the five Nations called Sinekees, whose business it is to give this advice to all the Indians that travel that way, which almost all the Indians that go for Canada, are obliged to do, in order to buy Indian corn, to enable them to continue their journey. I have now the pleasure to find the good effect of this attempt, which we have a right to do by the 15th Article of the Treaty of peace at Utrecht. The prohibition of Indian goods to be carried to Canada, has been the chief means of bringing that trade into our own hands, which is now so forward, that I believe it is out of the power of the French to prevent the Indians from going on with it, either by promises or threatnings, which they have already employed with the utmost industry: and indeed in an unjustifyable manner, by sending people to reside among the five Nations, in order to perswade them to shake of their dependance on Great Britain, which I humbly hope your Lordship will obtain orders from the Court of France to prevent for the future. Repeats part of preceding. I have the honour to acquaint your Lordship with the good news that the Station ship for this place under the command of Captain Solgard, has on the 10th of this instant June engaged two pirate sloops at once, of about 70 men and 8 guns a piece, under the command of one Low, and after having disabled one towards night, she struck to the man of war, but night coming on, he lost sight of the other which seem'd much shattered, he brought in his prize into Rhoad Island, and immediately went out in quest of the other, which he writes me word, he has intelligence by which he beleives he shall find her to thee eastward of Boston. This blow, with what they received from Captain Ogle will I hope clear the seas of those accomplised villains. These last have been remarkably cruel, and have done vast damage in the West Indies, but the honour of destroying them, has been reserved for Captain Solgard, whose merit makes everybody glad it has falln to his share, at the same time that they rejoyce at the publick deliverance etc. Transmits "a very dutifull Adress to H.M. from the Judges, Justices and Grand Jury of this City" etc. Signed, W. Burnet. Endorsed, Rd. Aug. 17. N.S. 6 ½ pp. Enclosed,
606. i. Address of the Justices, Attorney General, Officers and Grand Jury of the Supreme Court of New York to the King. New York, June 11, 1723. Thank Divine Providence for enabling H.M. to prevent "the wicked attempts of traitorous and disaffected subjects, endeavouring to place a Popish Pretender on the British Throne" etc. Congratulate H.M. on a discovery of so great consequence to all H.M. good subjects, the Protestant interest and happiness of Europe etc. Signed, Lewis Morris, Chief Justice, R. Walter, Justice, Richd. Bradley, Att. Genll., May Bickley, H. Vernon, H. Wileman, Jos. Murray, S. Clowes, Robt. Livingston junr., Wm. Dugdale, David Jamison, B. Bynder, Isaac Gouverneur, Robt. Crooke, Andr. Madeschalk, Anthony Rutgers, William Smith, Gerard Beekman, jr., Pr. Vallet, Jos. Reade, John Walter, Fred. v. Cortland, Benja. Wynkoop, Cor. van Horne, senr., Jno. Peloquin, Oliver Schuyler, Mathew Clarkson, Jos. Robinson. Parchment. 1 large p.
606. ii–iv. Duplicates of Nos. 605 i–iii. [C.O. 5, 1085. Nos. 35, 35. i–iv; and (duplicate of covering letter) 35 v.]
June 25.
Whitehall.
607. Mr. Popple to Horatio Walpole. Encloses letter from Lt. Governor Hope relating to the disputes concerning the collection of H.M. Revenue in Bermuda, (v. C.S.P. 12th April, 1722), and the very great disorder the same is in, for directions from the Lords of the Treasury, etc. [C.O. 38, 7. pp. 477, 478.]
[June 26]608. Extracts of Governor Hart's letters, to the Council of Trade, 26th Jan., and April 9th with copies of his letter to the General of Martinique 8th Sept., 1722 and Jan. 4, 1723 (v. Jan. 26); and of Capt. Brathwaite to Governor Hart, 14th Feb., and deposition of Habbijah Savage (v. April 9th). Endorsed, Sent in letter from Mr. Delafaye to Mr. Crawford, June 26, 1723. [C.O. 152, 42. Nos. 119–126.]
[June 26.]609. Copy of No. 599. Endorsed as preceding. 1 p. [C.O. 152, 40. No. 6.]
June 26.
Whitehall.
610. Mr. Delafaye to Mr. Crawfurd. The Lords Justices send you the inclosed papers from the Council of Trade, containing a complaint of the depredations of the French who inhabit the island of Martinique, and particularly of the barbarous treatment of Habbijah Savage, master of the Postillion sloop, which one of their guardes dez costes hath unjustly seized and made prize, as they have done several others. These violent and inhuman proceedings contrary to the laws of Nations and to the Treaties and the friendship happily established between the two Crowns deserve a serious attention; and as the Lords Justices cannot conceive that they will be approved and countenanced by the French Court, their Excys. hope you will easily obtain immediate redress and such orders to the Governors of Martinique and the other French Colonies in those parts, as may prevent any further violations of the treaties and of the Peace etc. Signed, Ch. Delafaye. 1 ¼ pp. [C.O. 166, 1. No. 6.]
June 26.611. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Wee have no objection to the Act of Barbados for supporting the honour and dignity of the Government, etc. Signed, Rob. Raymond, P. Yorke. Endorsed, Recd. 27th, Read 28th June, 1723. 1 p. [C.O. 28, 17. ff. 308, 309v.]
June 26.
Whitehall.
612. Council of Trade and Plantations to Governor Phenney. We have lately had under our consideration several letters received from you, of which the last bears date ye 2nd of March, 1722/3. From the tenour of them all we are fully convinced that you are using your best endeavours to propagate the trade of the Islands under your Government, and to put them in a posture of defence by repairing your fortifications and incouraging people to settle with you; in which undertakings we heartily wish you success. We have frequently thought of what you propose relating to the constitution of an Assembly; and tho' there have been some objections made to it, yet we do agree with you that an Assembly under proper regulations might be for H.M. service and for the advantage of the Bahama Islands. Therefore we desire you will send us a scheme for the forming of this Assembly, wherein you will specify what number you would have the same consist of, and how many Assembly men for each of the Islands, towns or districts, together with your own thoughts at large upon everything that may relate to this matter. And for your better government in this particular we send you copies of Instructions formerly given to the Governors of New Jersey and Nova Scotia, which may be of use to you in the forming of a scheme for the settling of your Assembly. You have done very well to resent the ill treatment H.M. subjects under your Government have met with from the Spaniards. And when you have any further complaints of the like nature, be pleas'd to let us know them. Acknowledge public papers and thank for accounts of the Islands etc. Continue: But that we may from time to time be more perfectly inform'd of the state of them, we send you enclos'd a copy of queries which have been sent to the several Governors of H.M. Islands in America (v. March 27, 1724], to which we desire your particular answer. [C.O. 24, 1. pp. 72–74.]
[June 26.]613. Mr. Forward to Mr. Popple. Prays for repeal of Act of Virginia for amending the Act concerning servants and slaves and for the better Government of convicts imported and for the further preventing the clandestine transportation of persons out of this Colony, "Which Act would disable me from performing my contract with the Government for transporting felons, and in a great measure destroy the intent of the Act of Parliament lately pass'd for that purpose" etc. Signed, Jona. Forward. Endorsed, Recd. Read 26th June, 1723. Addressed. 1 p. [C.O. 5, 1319. No. 23.]
June 27.
Whitehall.
614. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose Office accounts from Michaelmas, 1722 to Midsummer, 1723. There was then nine months salary due to the Secretary and other Officers etc. Accounts annexed. [C.O. 389, 37. pp. 230–233.]
[June 27.]615. Petition of Traders to Bermuda to the Council of Trade and Plantations. Pray that a short day may be appointed for them to be heard against the Act of Bermuda, to supply the deficiencies of several funds, etc., against which they entered a caveat (v. 1st May); the said Act being in force till disapproved here (there being no clause to suspend the execution thereof, as in an Act of this nature there ought to have been), and being contrary to the Acts of Trade and Navigation and very prejudicial to the trade of Great Britain. Endorsed, Recd. 27th June, Read 14th Nov., 1723. 1 p. [C.O. 37, 10. No. 49.]
June 27.
Whitehall.
616. Mr. Popple to Mr. West. Encloses, for his opinion in point of law, Act of Virginia amending Act concerning servants, slaves, and convicts, etc. [C.O. 5, 1365. p. 251.]
June 27.
Whitehall.
617. Order of Lords Justices in Council. Repealing Act of S. Carolina for the good Government of Charles Town. Signed, Ja. Vernon. Endorsed, Recd. 20th Aug., Read 2nd Oct., 1723. 1 ½ pp. [C.O. 5, 359. ff. 1., 1v., 2v.]
June 27.
Whitehall.
618. Order of Lords Justices in Council. Approving draughts of Additional Instructions concerning passing of private Acts etc. Signed, Ja. Vernon. Endorsed, Recd. 20th Aug., Read 2nd Oct., 1723. 1 ½ pp. [C.O. 323, 8. No. 40.]
June 27.
Whitehall.
619. Mr. Popple to Mr. West. The Council of Trade and Plantations return your report upon the Act of Jamaica for the speedy settling of the Plantation called Pero or Pera etc., and desire you would make it special etc. [C.O. 138, 16. p. 451.]
June 27.
Whitehall.
620. Order of Lords Justices in Council. Repealing Act of Bermuda to supply the deficiency of several funds, etc. Signed, Jas. Vernon. Endorsed, Recd. 20th Aug., Read 2nd Oct., 1723. 1 ½ pp. [C.O. 37, 10. No. 44.]
June 27.
Whitehall.
621. Council of Trade and Plantations to Lt. Governor Hope. Acknowledge letters of 9th Sept. and 23rd Nov., 1722, and 21st Feb., 20th March, and 12th April, 1723. Continue: As to what relates to the dispute between you and the Receivers of the Admiralty, it is a matter not properly under our cognizance, but we directed your Agent Mr. Drummond to apply to the King's Advocate and Attor. Genl. for their directions therein. We thank you for the severall publick papers you have remitted us, and likewise for the genl. acct. you have given us of the state of the Islands etc. We doubt not but you will continue from time to time to transmit to us particular acct. of anything material that shall happen with you, in the meantime we send you copies of Queries prepared for the several Governors etc. (v 27th March, 1724), to which you will be pleas'd to send us as particular an answer as you can. We are concerned to observe the confusion there has been in the publick accts. of your Govt. and to find your Treary. so much in debt, but we hope that by your prudent management the affaires of Bermuda will be put upon a better foot. You do very well in sending us (pursuant to your Instructions) the sevll. publick accts. inclosed 12th April last, and we desire you would continue from time to time to send them to us, tho' all matters relating to the King's Revenue are more immediately the province of the Treary., to whom we presume you have sent duplicates of these accts. as well as to the Auditor of H.M. Plantations, however we have sent a copy of your said letter to the Lords of the Treary., that they may give the necessary orders therein, and we have likewise transmitted to Mr. [Robert] Walpole an extract of your said letter, so far as it relates to the ill conduct of Thomas Brookes etc. v. following. Continue: We observe what you mention concerning the constitution of your Court of Chancery which is indeed different from those established in other Colonies. But yours being settled by an Act of Assembly which has recd, the Royal confirmation it is impossible to make any alteration in it unless your Assembly will repeal that Act, nor can that be done without H.M. consent first obtain'd for that purpose. As to what you mention about the oath of secrecy taken by your Assembly if the same has been established by long custom we do not see how that can be altered but by their own consent, for tho' the votes of the House of Commons here in England are printed they are printed by order of the House. As to the pyrates in custody, they must take their legal tryal. But the Act passed the last session of the last Parliament, for the more effectual suppression of pyracy has made some alteration in the laws with respect to pyrates and their correspondents, a copy whereof we herewith send you. We shall very shortly take into our consideration the sevll. Acts you have transmitted to us, but in the mean time we hope you will be mindfull of what we formerly writ (14th June, 1722) relating to the Act to supply the deficiencies of sevl. funds, etc., for altho' we have transmitted your Address upon this subject to Mr. Secry. Walpole, that the same may be laid before H.M. yet we must inform you, that it is not usual for the King to confirm any Act but for the precise term for which the said Act was pass'd, and therefore the utmost effect you can expect from this Address is, that the said Act may be permitted to lye unrepealed for three years, and before the expiration of that time, we presume you will take care to have another passed, not lyable to the like objections. As to what relates to your taking of presents, you know what your Instrns. are upon that head, and they will be your guide. P.S. Since writ the above letter, we are inform'd that the Lords Justices have repeal'd the above-mentioned Act to supply the deficiencies etc., which will shortly be signify'd to you in form, so it will behove you without loss of time to think of other methods to supply the want of it. We have just received yours of 27th April last, and thank you for the accounts you therein send us. [C.O. 38, 7. pp. 478–483.]
June 27.
Whitehall.
622. Same to the Lords Justices. At the request of Lt. Governor Hope, move that Thomas Brooke be removed from the Council of Bermuda, and that Daniel Tucker be appointed in his stead. (v. C.S.P., April 12th, 1723, and A.P.C. III., No. 49.) [C.O. 38, 7. pp. 483, 484.]
June 28.
Whitehall.
623. Mr. Popple to Mr. West. Encloses for his opinion in point of law Act of Nevis, 1721, for settling estate of Thomas Herbert decd. etc. [C.O. 153, 14. pp. 118, 119.]
June 29.
Treary
Chambers.
624. Mr. Walpole to Mr. Popple. The Lords Commissioners of H.M. Treasury desire copies of all Acts lately received from Jamaica, the Duke of Portland's Instructions and other papers relating to the Revenue. Signed, H. Walpole. Endorsed, Recd. 1st., Read 2nd July, 1723. Addressed. 1 p. [C.O. 137, 14. ff. 202, 203v.]
June 29.
Williamsburgh.
625. Lt. Governor Drysdale to the Council of Trade and Plantations. Refers to letter of 16th May. Encloses Journals and Acts of Assembly etc. Continues: (i) The first is an Act for laying a duty on liquors and slaves: the preamble whereof doth very fully sett forth the occasion the Colony has to recruit its exhausted Treasury: the arming the Militia for the guard of the country as well against forreign invasions of Indians and others as intestine commotions of slaves; and the lessening the levy of the poll, which otherwise would lye heavy on the people at this time, when tobacco their only commodity is become of little value, are two of the cheife views of this bill: and for these purposes itt has been thought fitt to have recourse to the same funds which have been found most easy on the like occasions: that is, to lay a duty of four pence a gallon on all wine and spiritts imported, a penny on all syder, beer or ale, with an exemption from any duty for such liquors as are imported directly from Great Brittain: and forty shillings a head on all imported slaves: This is the substance of that Act etc. It has in itt nothing new or unusuall; the dutys is the same as in divers former Acts past here; that on slaves is three pounds a head less than that imposed by the Act of 1710, which continued till 1718 without any exception etc. Continues: It seemed therefore to me more adviseable to pass this Act with a suspension of its taking place, til the first of April next, whereby time is given for H.M. to repeal itt, if itt be judg'd an improper duty, rather than by rejecting it here, to disoblidge the people, who had it so much at heart. (ii) An Act for the settling and better regulation of the Militia. This Act is in a great measure the same, with that past in 1705, which has subsisted ever since without any objection. All that is new, is, that, the persons oblidg'd to serve, are not to bee listed till they are twenty one: that, those who by reason of their offices are exempted from serving personally, by this Act are oblidged to furnish an horseman in their room, wch. Will make a very great addition, to the body of ye Militia. That, all Comissioned Officers shall take the oaths to H.M. which was not directed by the former law. That those Officers who act in the fineing delinquents shal bee under an oath for their impartiall proceedings therein. And that the Officers as well as soldiers shal bee fined, who neglect their duty at the ordinary musters, or in times of danger: There are also in this bill some alteration in the armes which the Militia are to bee furnish'd with, but nothing of any consequence: nor indeed can I apprehend there is any thing contained in this bill improper for H.M. Royal approbation. (iii) The Act for reviving an Act for security and defence of the country in time of danger. The Act now revived, was first made in 1705, and has since been found so usefull and necessary, that upon the expiration thereof it has been severall times renew'd, and I hope the re-enacting it now will not bee blamed, since without such a provision for the payment of the Militia when called out on any extraordinary emergency, the Government would bee very much embarassed; (iv) The Act directing the tryall of slaves committing capitall crimes, and for the more effectual punishing conspiracies and insurrections of them etc. is founded upon the discovery of a late conspiracy amongst the slaves to rise and cutt off their masters: The whole scope of this bill being to prevent the like combinations for the future, it has made negroes good evidence against those of their own condition, and colour; and to restrain their unlawfull Assemblys, and in generall it establishes divers good and wholesome regulations for their better government: I doubt not itt will be j udg'd by your Ldspps. as it is here, a very usefull and beneficiall law. (v) An Act for the better and more effectual improving the staple of tobacco. Refers to Journal of Council, 20th June for reasons for passing this Act. Continues:—As divers laws have been passed here, and are still subsisting for the better regulation of the manufacture of tobacco, which have pass'd in silence, without being taken notice of as extroardinary, so this Act is not to bee in force untill 1st April: by which time I hope to receive from yr. Ldpps. the signification of H.M. pleasure etc. Continues:—The present low price of tobacco occasions so universall a complaint amongst the people, that I am apprehensive, that without some such measures as are proposed by this Act for raising the value of that commodity, itt will bee impossible to prevent their falling on other manufactures prejudiciall to the trade of Great Brittain. (vi) An Act for the better securing the paymt. of levies, and restraint of vagrant and idle people: the cheife aim of this Act being to discourage idleness, and vice, and for the more effectuall employing the poor, in a manner agreeable to the circumstances of this country, and having nothing in itt repugnant to the law of England, or derogatory to H.M. prerogative, I need not trouble your Ldspps. with any further observations thereon. (vii) An Act for the transportation of Dick, and other negroe slaves: The slaves mentioned in this Act, were the principall ringleaders in ye conspiracy: but being acquitted for want of legall evidence, there being no other than negroes lett into that secrett, it was thought convenient to transport them out of this Colony, as well to prevent their entring upon new plotts, as to discourage others by this example: for an exile from their wifes and children, is almost as terrible to them as death itself. (viii) An Act appointing a Treasurer, and impow'ring him to receive the mony in the hands of the late Treasurer's. As it has been always usuall upon the raising of new dutys to appoint a Treasurer in whose hands the same are to be lodg'd, so it has been thought proper on this occasion to lodge what mony remains in bank as well as what shall arise by the Act past this Session in the hands of one and the same person, to avoid the inconveniency of examining and settling different accounts: against which I think there can bee no reasonable objection: There is a clause in this bill, for applying part of the publick money, towards the payment of the Burgesses salary. Upon wch. I begg leave to observe to your Ldspps. that this manner of paymt. has been practised for the two last Sessions, and seemes agreeable to the primary intention of raising those funds: vizt. the lessening the levy by the poll: and as the charge of so long a Session as this has proved, would have been very burthensome to the people, I hope I shall nott incurr your Ldspps. censure, when in conformity to the establish'd practise, I have for the ease and satisfaction of the people consented to the application of this summe out of the publick mony, for wch. there is at present no other use. (ix) An Act for raising a publick levy: This being a common and usual bill for discharging the publick tobacco debts each session of Assembly, I need onely remark, that the mony raised by the former dutys has proved a very seasonable help to the people here, when no more than 5 ½ lb. of tobacco pr. poll. appeares necessary to discharge the last yeares publick debts. (x) An Act for enlarging the jurisdiction of the Court of Hustings in the City of Williamsburgh etc. The encouraging a place establish'd by law for the seat of government, and to which there is the greatest resort from all parts of the country, on occasion of the Supream Courts of Judicature being held there, has always been the care of the genll. Assembly; and as this law passed the gener all Assembly with an uncommon unanimity, so I had the opinion of the King's Attorney Genll. that there is nothing contain'd in itt, which entrenches on H.M. Royall prerogative. The other Acts passed this Session are five private bills: two for making parishes more convenient, one confirming a sale of lands made by the Pamunkey Indians, and two others for settling of entailed lands: neither of which require any particular remarkes seeing the titles thereof, doe sufficiently express what is contain'd in them, and that they differ nothing from other Acts of the like nature, which have been passed here, and come under your Ldpps. view. These being the principall transactions in the late Genll. Assbly. I hope I need not give your Ldspps. the trouble of any observations on the journalls, which contain no more than the preparatory debates and resolutions of both Houses, in the framing these laws: And having caused what is most remarkable in these journalls, to bee noted on the margt. your Ldspps. will bee able with more ease to find out anything that is necessary for your information. Encloses Journalls of Councell etc. Continues:—On 26th April your Ldspps. will find the resolutions of a Councell upon a complaint of the Maherine and Nansemond Indians whose Settlements have been lately survey'd by the Officers of North Carolina and parcelled out to sundry persons in that Goverment: These Indians live within that part of Virga. wch. is claimed by the Proprietors of Carolina; they have always been tributarys to this Govermt. and their possessions are confirmed to them by the treaty of Peace in 1678: and it is presum'd upon a fair determination of the boundaries they will bee found far enough without the limitts of the Carolina Charter: But while these boundaries remain undetermined, the Officers of Carolina will still bee encroaching on this Goverment, and still disturbing both our inhabitants and tributarys: I therefore humbly offer to your Ldspps. consideration a proposall agreed on between the two Govermts. for the more easy settling these boundaries in 1715, and which I observe in a letter dated 1st June 1716 your Ldspps. are pleased to say, you will lay before H.M. and signifie his pleasure thereupon: if your Ldspps. shall now think fitt to renew yr. application to H.M. on this subject, I hope the boundaries may be so speedily settled, as to prevent the like disputes hereafter, and abundance of inconveniences which may arise from a longer delay. Another affair I have to take notice of to yr. Ldspps. in the Councell journall, is, that of the 30th of May, wherein the Councell are unanimously of opinion, that the Courts of Oyer and Terminer ought to bee constantly held on the days appointed by H.M. instructions, and not as heretofore occasionally called onely when there were criminals to try: This fix'd and establish'd method of holding these Courts, they judge more agreeable to H.M. intentions, because according to ye former practise, it has happened that persons accused of criminall offences have been committed so late, that there was not time to summon the judges, and so the criminall of course lay under confinemt. to the next Genll. Court: but now lett the committment be never so late, the judges attending on the day without summons, will always bee ready to expedite the tryall: and I hope as this seems more conformable to the design of those Courts, which were instituted to prevent long imprisonments, it will meet with your Ldspps. approbation. Encloses accounts of Revenue etc. Continues:—Notwithstanding the great expence in finishing ye batteries, and the necessary repairs of the Governours House, there is still in the 2s. per hhd. etc. a summe sufficient for defraying the charge of the Goverment, and in the quit-rents a very considerable ballance etc. The people here labour under great difficulties through the decay of their trade, yett I have the pleasure to assure your Ldspps. that t here is a generall content and satisfaction throughout the Colony, which I shall endeavour to improve with all the advantage to H.M. service and the publick benefitt that I am capable off. P.S. The Genll. Assembly having agreed upon a very dutifull address to the King, I have sent itt to the Earl of Orkney to bee presented to H.M. Copy enclosed. Signed, Hugh Drysdale. Endorsed, Recd. 4th Sept., Read 12th Nov., 1723. Addressed. Holograph. 10 pp. Enclosed,
625. i. List of Enclosures. Endorsed, Recd. 4th Sept., 1723. 1 ½ pp.
625. ii. Address of the Council and House of Burgesses of Virginia to the King. Congratulate H.M. upon "the timely discovery of the late most unnatural conspiracy against your Majesty's Royal person and Governmt." etc. Assure H.M. of their firm loyalty, and praise Lt. Governor Drysdale's "mild and just administration" etc. Endorsed as preceding. Copy. 1 p.
625. iii. Account of H.M. Revenue of Quit-rents in Virginia, 25th April 1722–1723. Totals: Receipts (including balance brought forward, £7813 1s. 5 ¼ d.) £9,945 11s. Expenditure:—£6,651 1s. 6d. (including £5491 7s. 7 ½ d. paid by H.M. Warrant to John Lord Belhaven, dated 25th Sept. 1721). Signed, John Grymes, Rec. Genll. Audited by Nathll. Harrison Dty. Audr. Same endorsement, 4 pp.
625. iv. Account of H.M. Revenue of 2s. per hogshead etc. 25th Oct. 1722–25th April 1723. Totals:—Receipts (including balance brought forward, £4002 3s. 11d.) £4893 14s. 7 ¾ d. Expenditure, £2300 7s. 8d. Signed, audited and endorsed as preceding. 2 pp. [C.O. 5, 1319. Nos. 27, 27. i–iv.]