America and West Indies
July 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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301-318

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'America and West Indies: July 1723', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 301-318. URL: http://www.british-history.ac.uk/report.aspx?compid=72016 Date accessed: 22 October 2014.


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Contents

July 1723

July 1.
Charles City
and Port,
So. Carolina.
626. Governor Nicholson to Lord Carteret. Refers to letter of 23rd May. Continues: By this oppertunity I send to the Honble. Francis Yonge Esq. severall papers etc. to waite upon your Lordship with them in order to receive your commands etc. I thank God we are in peace and quietness and a prospect of a good crop both of rice Indian corn etc. Mr. Yonge will lay before your Lordship what concerns H.M. Garrison Fort King George etc. as likewise what relates to the Spaniards of St. Augustine. This is designed God willing by Mr. Daniel Green a Gent. of a good character who hath officiated as Naval Officer since William Hammerton Esq. went from hence etc. He can give you a just and full account of all our affairs but more particularly concerning Trade and Navigation. I am now daily in hopes by Mr. Willm. Hammerton of receiving your Lordship's commands and that you have been pleased to send by him H.M. Royall lycence for my going to Great Brittain etc. Signed, Fr. Nicholson. Endorsed (duplicate) Rd. Feb. 12th, 1723/4. 1 p. [C.O. 5, 387. No. 38.]
July 1.
Charles City
and Port.
627. Same to the Council of Trade and Plantations. Repeats preceding. Signed, Fr. Nicholson. Endorsed, Recd. 6th Feb., Read 29th Oct., 1724. 1 p. [C.O. 5, 359. ff. 44, 44v.; and (abstract) 5, 406. p. 10.]
July 3.628. Mr. West to the Council of Trade and Plantations. Has no objection to Act of Nevis for settling estate of Thomas Herbert etc. Signed, Richd. West. Endorsed, Recd. 3rd, Read 9th July, 1723. ½ p. [C.O. 152, 14. ff. 213, 214v.]
July 3.629. Mr. West to the Council of Trade and Plantations. Report upon Act of Virginia for amending Act concerning servants and slaves etc. Objections to that part which relates to convicts transported from Great Britain etc. The restrictions imposed, requiring masters of vessels to give bond not to suffer any convict to go on shore till he be bona fide sold, and also for the good behaviour of such convicts for two months after they shall be disposed of, amount to a prohibition of any convicts being imported etc. If this example should be followed by other Colonies, the execution of the Acts of Parliament concerning transportation will be rendred wholly impracticable, etc. cf. 26th June. Signed, Richd. West. Endorsed, Recd. 3rd, Read 5th July, 1723. 2 closely written pp. [C.O. 5, 1319. No. 24.]
July 4.
Whitehall.
630. Mr. Popple to Mr. Carkesse. My Lords Commissioners return thanks for the extract of Col. Rhett's letter etc. (v. 15th Nov.) and when the said Act of Carolina shall come to their Lordships' hands they will have a proper regard to his observations. [C.O. 5, 400. p. 166.]
July 4.
Whitehall.
631. Same to Josiah Willard, Secretary of the Massachusetts Bay. Acknowledges letters etc. of Nov. 16, 1722, and one without date. Concludes: That part which relates to Mr. Addington's being supplied with paper from this Office etc. must certainly be a mistake, for I can find no traces of any allowance of that kind ever made from hence. [C.O. 5, 915. p. 363.]
July 4.
Whitehall.
632. Same to Lt. Governor Gledhill. My Lords Comrs. for Trade and Plantations having received complaints from several merchants here of the hardships they lye under in their fishing trade to Newfoundland by your having engaged therein contrary to the duty of your office, I am to remind you of Col. Philips's 35th Instruction, whereby all the Officers and soldiers of H.M. garrison at Placentia and all other persons whatsoever belonging thereto are strictly enjoyned not to concern themselves in the Fishery there upon any pretence whatsoever on pain of H.M. highest displeasure and their Ldsps. hope you will take care that they do not receive any more complaints against you upon this subject in which case they will be obliged to lay the same before H.M. [C.O. 195, 7. p. 96.]
July 4.
Whitehall.
633. Same to Mr. Attorney General. Again presses for reply to 14th June, 1722. [C.O. 5, 996. pp. 123, 124.]
July 4.
Bermuda.
634. Lt. Governor Hope to the Council of Trade and Plantations. Encloses duplicates of 27th April, and accounts etc. Continues:—By which it appears, that there are 25 barrels of powder more than the last account transmitted takes notice of, which it seems had been lent to merchants, as appears by their receipts, but were overlooked by the Storekeeper; the men are responsible, and I wish the 62 ¾ barrels now in the stores had been disposed of after the same manner; for the greatest part of it is useless. How far this account may appear satisfactory to your Lordsps. I shall not presume to judge, but it is all the discovery I have been able to make and the persons concern'd have swore to it. There are still 181 barrels that there is no manner of account of, but it's probable they were expended before the commencement of this account, tho' there are no records, nor is there any body here can tell whither any accots. thereof has ever been transmitted home etc. After having kept the four pyrates mention'd 20th March in prison about two months and having made publications in the Churches for evidences to appear against them before such a day, otherwise they shou'd be sett at liberty; and no person having anything to say against them, they were (with the advice of the Council) accordingly discharg'd. Two of them went from hence in a sloop bound for New England, but the other two happening to continue here, were known by three sailers belonging to a ship (that had been plunder'd by them, about ten or twelve months ago) who put in here in distress etc.; Upon their information, they were seiz'd, and a Court of Admiralty call'd to sitt on the 21st Feb., where they were tryed, found guilty, and condemn'd to be executed on the 28th, which was accordingly done: a copy of the proceedings of the Court is sent by this occasion to the High Court of Admiralty. Signed, John Hope. Endorsed, Recd. 1st Jan., Read 2nd April, 1724. 2 ¼ pp. Enclosed,
634. i. Account of powder received and expended at Bermuda, 1707–1723. Sworn to, by George Tucker, Storekeeper. Endorsed, Recd. 1st Jan., 1723/4. 17 pp. [C.O. 37, 11. ff. 22–23v., 25v.–33v., 35v.; and (abstract with notes for reply) 37, 24. p. 16.]
July 4.
Bermuda.
635. Lt. Governor Hope to Lord Carteret. Repeats part of preceding covering letter and recommends enclosed petition. Signed, John Hope. Endorsed, Rd. Dec. 15th N.S. at Bentheim. 1 2/3 pp. Enclosed,
635. i. Petition of Mary Lewis of Pembroke Tribe to the King. Jan. 28, 1723. Her first husband, William Joell, was killed in an engagement against the King's enemies; her second, John Lewis, was executed for a capital offence. Prays that Lewis' two negroes, which have been forfeited, may be granted to her in view of her indigent circumstances etc. Signed, Mary Lewis. ¾ p. [C.O. 37, 26. Nos. 28, 28. i.]
July 5.
Whitehall.
636. Council of Trade and Plantations to Lt. Governor Wentworth. Acknowledge letter of 18th March. Conclude: We desire you will send us according to your promise a particular of anything that may have happen'd in New Hampshire since Col. Shute left his Government. [C.O. 5, 915. p. 364.]
July 5.
Whitehall.
637. Same to the Lords Justices in Council. Upon Mr. West's report, 3rd July, recommend 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. [C.O. 5, 1365. p. 252.]
July 5.
Wmsburgh.
638. Lt. Governor Drysdale to [?Lord Carteret]. Encloses following, and refers for his observations thereupon to his letter to the Council of Trade, understanding that it has not been usual to give those in his Ldspps. high station the trouble of remarks on such papers etc. Continues:—Tho' the inhabitants of this Colony suffer great inconveniences thro' the low price of the comodity that is their cheife support, yet I have the pleasure to assure your Ldspp. that there is a universall sign of contentment on the change made in the Goverment here, and that my administration meets with the approbation of all ranks of people etc. Begs for his Lordship's countenance and protection etc. Signed. Hugh Drysdale. Endorsed, Rd. Sept. 23rd N.S. Holograph. 2 ½ pp. Enclosed,
638. i. Minutes of Council of Virginia, 12th Dec., 1722–20th June, 1723. 32 ¼ large pp.
638. ii. Journal of House of Burgesses of Virginia, 9th May—20th June, 1723. 45 ¼ large pp.
638. iii. Journal of Council and Assembly of Virginia, 9th May-20th June, 1723. 41 ½ large pp. [C.O. 5, 1343. Nos. 1, 1. i–iii.]
July 8.639. Mr. Gordon to the Council of Trade and Plantations. Asks to be heard against Act of Jamaica for encouraging the speedy resettleing of Pero Plantation, of which he has heard "by a late Jamaica print" (v. 11th July). "My wife owns one moiety of that plantation, the other moiety is own'd by Collo. Peers and Mrs. Whitehead all of this Island of Barbadoes, and we have brought our bill in Chancery against Mr. King and the Lady Cotton heiress of Sir T. Lynch, who detains our sd. plantation from us, and we are not only willing but suing for leave to redeem" etc. Signed, W. Gordon. Endorsed, Recd. 18th Sept., Read 27th Nov., 1723. 2 ¾ pp. [C.O. 137, 14. ff. 250–251v.]
July 9.
Whitehall.
640. Council of Trade and Plantations to the Lords Justices in Council. Submit Act of Barbados, 1723, for supporting the honour and dignity of the Government for confirmation. [C.O. 29, 14. p. 375.]
July 9.
Whitehall.
641. Council of Trade and Plantations to Governor Burnet. We have received your letters etc. of 25th May, 17 June, 21 Novr., and 8 and 12 Dec. 1722, and one without date. According to your desire, Abra. v. Horn and Wm. Provoost have been appointed Councillors etc. We thank you for having enquired into Lady Bellomont's claim etc. We are extreamly pleased with the success of your meeting with the 5 Indian Nations at Albany and we congratulate you upon having been so useful to the neighbouring Provinces upon that occasion. It is certain that nothing can make the British intrest in America more formidable to their neighbours than a perfect union among themselves, and we hope that the Govrs. of all H.M. Plantations abroad will upon all occasions endeavour to convince, as well the Indians as their European neighbours, that they have but one King to obey and one common intrest to pursue. We are sorry the obstinacy of some of the Palatines has given you so much trouble; but it is matter of satisfaction to us, that your endeavors for settling of them are likely at last to take effect. The several Acts passed in New York and in the Jerseys wch. you have transmitted to us lye now before Mr. West etc. In your letters to us relating to the Governmt. of the Jerseys you give us an account of an attempt to destroy the Secretary's right, wch. was prevented by you, wherein we approve of your conduct, it being agreeable to your Instructions on all just and reasonable occasions to grant your countenance and protection to persons holding their employments by Patent from the Crown. H.M. has been pleased to approve James Smith and James Alexander for the Council of the Jerseys etc. Set out, N.Y. Col. Docs. V. 697. [C.O. 5, 1124. pp. 318–321; and (rough draft) 5, 1079. No. 133.]
July 10.
Whitehall.
642. Mr. Popple to Mr. West. Encloses Acts of New York and New Jersey. "You will find that some are already expired, notwithstanding which their Lordsps. desire your opinion upon them, that they may be the better enabled to judge for the future of Acts of the like nature" etc. [C.O. 5, 1124. pp. 321–325.]
July 10.
Whitehall.
643. Council of Trade and Plantations to the Lords Justices. Recommend repeal of Act of Montserrat, 1722, for granting certain duties upon the imposts of dry goods and liquors and for the payment of £500 annually to Governor Hart etc., "as we find that the British trade and shipping will be affected by the duties thereby laid upon European goods; and that there is no clause therein, pursuant to H.M. Instructions to Colo. Hart, to prevent it's taking effect, till H.M. pleasure should have been declar'd thereupon" etc. [C.O. 153, 14. pp. 119, 120.]
July 10.
Whitehall.
644. Mr. Popple to Mr. West. Encloses for his opinion in point of law Acts passed in New York and New Jersey 1719–1722 etc. [C.O. 5, 996. pp. 124–127.]
July 10.
London.
645. Mr. Yonge to Mr. Popple. Encloses Acts and Journals of Council and Assembly of South Carolina, 6th Nov., 1722–23rd Feb., 1723, and accounts of indictments in March and October Sessions. Signed, Fra. Yonge. Endorsed, Recd., Read 10th July, 1723. 1 p. [C.O. 5, 358. ff. 348, 349v.]
July 11.646. Mr. West to the Council of Trade and Plantations. Report upon Act of Jamaica for the speedy settling of Pero plantation etc. This Act (argued) is for the benefit of all parties etc. Signed, Richd. West. Endorsed, Recd. 12th July, Read 27th Nov., 1723. 3 ¾ closely written pp. Enclosed,
646. i. Weekly Jamaica Courant, No. ccxlix, containing notice to claimants to Pero Plantation etc. or other estate of Sir Thomas Lynch etc. Printed. 4 pp. [C.O. 137, 14. ff. 245–248v., 249v.]
July 16.
Whitehall.
647. Mr. Delafaye to Governor the Duke of Portland. Encloses following. Continues: The Lords Justices, approving of what is proposed [therein, direct] that you take care in all tryalls of pirates to have the laws in being strictly and punctually complied with in all particulars, and especially in causing the Register of such Courts as shall be appointed for that purpose from time to time as opportunity offers to transmit authentick Minutes of the whole proceedings, with the copies of all articles and judgements given in any such cases in any Court whereof he shall be Register, unto the High Court of Admiralty here. Signed, Ch. Delafaye. Annexed,
647. i. Mr. Burchett to the Secretaries to the Rt. Hon. Mr. Secry. Walpole. Admiralty Office, 11th July, 1723. Quotes from Act of 11th and 12th William III, for the more effectual suppression of piracy. The Lords Commissioners of the Admiralty desire that Governors abroad may be instructed to conform themselves therewith, and particularly that they cause to be transmitted from time to time authentick copies of proceedings etc., ut supra, "to the Judge of the High Court of Admiralty here, that so the said Judge may be satisfied therefrom, how they comply with the standing laws of the Realm in such cases." Signed, J. Burchett.
Mem. The like letter and enclosure were sent to Governors Worseley, Shute, Burnet, Philips, Hart, Hope, Fenny, Nicholson, Drysdale. [C.O. 324, 35. pp. 14–17.]
July 16.
Barbados.
648. Governor Worsley to the Council of Trade and Plantations. My time has lately been so much taken up, in hearing the complaints against Mr. Cox, that I was unwilling to trouble your Lordships with a letter, though several ships have gon from hence, till I could have the honour of adviseing your Lordships what I had determined upon it. Upon receiving a petition from Mr. Cox, the 24th of May last, to appoint a short day for the hearing the complaints against him, I appointed the 7th past, and I allowed him, as well as the complainants, as they both desired, to be heard by Council: The tryal lasted till the 8th of July, when, for the reasons your Lordships will se in the paper inclosed (No. iii) I not only removed Mr. Cox from being a Member of the Council, but declared him incapable of ever being one, and that 'twas my opinion he ought to be prosecuted as the nature of his crimes required. The complainants offered to exhibit several other articles against Mr. Cox, but as his Council objected that he was obliged to answer only to those complaints refer'd to me, and as the new articles of complaint were for several matters since the 8th Nov., 1721, the date of the last paper refer'd to me, I did not hear them, however I am told they designe to make a particular complaint to me, and of my proceedings therein, I shall have the honour to advise your Lordships. The depositions of the evidences on both sides are so voluminous, that I have not time to get fair transcripts of them, to send your Lordships, by this oppertunity. The reason of my declaring Mr. Cox incapable of ever being a Counsillor again, was to quiet the minds of the people, who dreaded his being restored, as his friends gave out he would be, for the Justices of the Peace he had put in, many of whom were really incapable of that trust, had so domineered and vexed the poor Freeholders, that they were under the greatest apprehentions of his governing again, as he would be qualified to do was he restored, upon the death, or absence of a Governour. I can assure your Lordships, that when I was lately dangerously ill, several Gentlemen of great probity, and of the best fortune in this Island, were so apprehensive of this, that, had I not recovered, they would have sold their estates, and have left the Island. As several complaints had been made to me, in regard to the arbitrary proceedings of some Justices of the Peace, I thought fit to issue out a new Commission, and deputed four Members of the Council here, each to nominate, for every parish two Gentlemen well qualified, as well on account of their fortunes as their probity, besides others, that have been thought intitled to it by their posts, and places: By which method I proposed that Justice should be equally distributed, and hetherto I find the country is pleased with it. I had no sooner ended the hearing the complaints against Mr. Cox and Mr. Cox's Council's arguments in his justification, but that he exhibited ten articles against the six Counsellors he had turned out, and other Gentlemen of the Island, in order to put a stop to my determining his case, but as I found most of them had been heard and determined before in England, (v. Encl. No. II.), and did no manner of ways regard his justification, I proceeded to give judgement upon him: And, as it is now the time of election for a new Assembly, I appointed the 5th of August to hear the said articles of complaint, and the 12th of the same month, Barnard Cook's against several Counsellors, as well as other Gentlemen of this Island; this last person desired me in Council to let him be heard formâ pauperis, for tho' he then told me, that H.M. had granted him a pension of £400 pr. annum the 9th of Feb. last, but should not be intitled to it till the 9th Feb. next, and swore he was not at present worth £5, besides his wearing apparel, I granted the prayer of his petition. As in my Instructions I find William Dottin Esqr. nominated as one of the Counsellors, it appears upon my inquiry here, that William Dottin has been dead these four or five years, and James Dottin having represented to me, that he was recommended, and advised from England, that he was appointed, his freinds there, haveing obtained that gracious favour from H.M., I have admitted him to the board, but in room of Mr. Cox I have not yet determined upon another to put in, so far am I from being able as yet to nominate 12 persons to supply the vacancies that shall happen in the Council etc. My Lords, I have endeavoured ever since my arrival here, to prevent any illegal trade, that is carried on betwixt this place and Martinique, but I find it almost impossible to be compassed, whilst sloops have the liberty to clear from this place to Tobago, under the pretence of tortoising; for St. Lucia, and other un-inhabited Islands for wood; and for Eustace, St. Thomas and several other neutral ports, from whence they bring back no clearance, and what these sloops import publickly, I always observe is nothing but cacao, which is not prohibited to be imported, and indeed is very necessary in that inhabitants of this Island can't live without chocolate; tho' at the same time they introduced French commoditys by laying off at sea in the day time, and running them on shoar in the night. Since my last, Capt. Killegrew, who commanded H.M.S. the Lynn, died, as well as his first Lieutenant, so that Captain Elford's third Lieutenant, Mr. Barnard, commands the ship at present: There reigned so violant a sickness on board that they lost upwards of fourscore men, and have had 120 on shoar sick; and indeed, the whole Island has lately labour'd under the same distemper, as it dos at present. The said ship is now gone to the Northward to refresh the ship's company. P.S. I am informed that ships go directly from Ireland, with provisions, to Martinique, which in time must be the ruin of H.M. Plantations. Signed, Henry Worsley. Endorsed, Recd. 11th Sept., Read 23rd Oct. 1723. 9 pp. Enclosed,
648. i. Petition of Samuel Cox to Governor Worsley (24th May, 1723). Prays H.E. to suspend judgment upon complaints against petitioner until enclosed articles of complaint are first answered and heard, the same being referred to H.E. (v. 13th Aug., 1722), and interwoven in their nature etc. Signed, J. Blenman, William Walker, T. Baxter. 3 ½ pp.
648. ii. 10 Articles of complaint exhibited against Thomas Maxwell, Thomas Maycock, John Lucie Blackman and William Carter, Members of Council, Edmund Sutton, John Waterman, and James Dottin Esqrs., John Lenoir, late Depty. Secretary, Richard Carter, Attorney General, Henry Lascelles, Collector, and Robert Gibbes, Water-waiter, etc. v. covering letter supra. Endorsed, Recd. 11th Sept., 1723. 6 ½ pp.
648. iii. Speech of Governor Worsley to Samuel Cox, suspending him from the Council for ever etc. v. covering letter supra. Upon the evidence (v. 24th Sept. 1723), Cox is found guilty of arbitrary corrupt and illegal conduct, in suspending six Members of Council and removing all officers, civil and military, contrary to H.M. Instructions, and in breach of a law of 1720, for the better preserving the peace and tranquility of the Island; in interpolating Minutes of Council, hindering the taking of full Minutes, and Members of Council from approving and amending them, of ordering matters to be entered in the Council Books, when there was not a Quorum; in admitting numbers of all sorts of people to be present whilst he was sitting in Council; denying Members of Council liberty of debate; in ordering Mr. Cooke, Deputy Provost Marshal, when a new Assembly was called in 1721, to stifle the writts for two parishes, till it was too late to have them published the same Sunday the rest were, as the Law directs, from whence arose all the confusions among the Assemblymen and the jealousies and discontents of the people ever since; in again displacing the officers, civil and military, after he had restored them according to H.M. order; in displacing Mr. Sutton without the consent of the Council, and misleading the Council of Trade upon that matter (11th Oct., 1721); in compounding the felony of Mr. Young, for embezzling H.M. Stores, by granting him a noli prosequi in return for his title to some land in dispute; in delaying the taking probate of will in the case of Major Neal's estate, conniving at young Mr. Neal's wasting the estate and escaping from the Island etc. Endorsed, Recd. 11th Sept., 1723. Copy. 13 ½ pp. [C.O. 28, 17. ff. 314–318, 319v.–332v., 333v.; and (enclosure iii only) 28, 44. ff. 11–14v.; and (enclosures iii only) 28, 39. Nos. 11, 11.i.]
July 17.
Whitehall.
649. Order of Committee of Council. The Council of Trade and Plantations are to enquire into the willingness of Rhode Island and Connecticut to submit to H.M. immediate Government and be annexed to New Hampshire, etc. (v. A.P.C. III. No. 4.) Signed, Temple Stanyan. Endorsed, Recd. 20th, Read 31st July, 1723. 1 ¾ pp. [C.O. 5, 1266. ff. 129, 129v., 130v.]
July 17.
Whitehall.
650. Mr. Popple to Mr. West. Encloses Act of Jamaica (1721) to enable certain trustees to sell the estates and interest of Willaim Bowles and Charles his son for the discharge of debts and purchasing lands in the Kingdom of Great Britain to certain uses, for his opinion in point of law. [C.O. 138, 16. p. 452.]
July 18.
Whitehall.
651. Same to Horatio Walpole. Encloses acts and papers relating to Revenue of Jamaica, as desired 29th June. [C.O. 138, 16. pp. 452, 453.]
July 18.
Whitehall.
652. Council of Trade and Plantations to Governor Nicholson. Acknowledge letters of 18th Aug., 16th Oct., and 4th Dec., "and the papers therein referred to, which we received from Mr. Yonge, But must desire that for the future, you will send all publick papers relating to the administration of your Government, directly to us, and that in your letters relating thereunto, you will be more full and explicit upon the several subject-matters contained in such papers than you have hitherto been, more especially in your observations upon the Acts passed in your Assembly. We approve very much of your transactions with the Commissioner sent by the Governor of St. Augustine, and think you did very well to demand of him ample restitution of all the vessels taken by the Spaniards from H.M. subjects, since the cessation of arms. Having received complaints against your administration, we have ordered copies of them to be delivered to your Agent, that he may communicate the same to you, for your answer. The Act for the good Government of Charles Town, being lyable to many objections, we laid ye same before their Excellencies the Lords Justices, for their disallowance, and they have repealed the same. There are likewise so many complaints and such objections against your Act for enlarging the paper credit, as will probably occasion a repeal thereof; and we cannot help, upon this occasion, desiring you to be more punctuall in observing H.M. Instructions whereby you are especially directed, not to pass any Act of an extraordinary nature, without there be a clause inserted therein suspending and deferring the execution thereof till H.M. pleasure shall be known concerning the same." [C.O. 5, 400. pp. 170–172.]
July 18.
Whitehall.
653. Council of Trade and Plantations to the Lords Justices in Council. Upon Mr. West's report, 11th July, recommend repeal of Act of Virginia for the better discovery and securing of H.M. quit rents. [C.O. 5, 1365. pp. 253, 254.]
July 19.
Whitehall.
654. Council of Trade and Plantations to Lt. Governor Sir W. Keith. Return thanks for letter of 18th Dec. Continue: We hope you will continue to give us constant information of any thing that may happen in your Government either in relation to the trade thereof, or to H.M. service. We are very sorry to find the streights you are like to be put to in creating paper-money, which we are afraid will have the same effect with you as it has already had in ye other Colonies whose trade and credit have been almost utterly destroyed by it. [C.O. 5, 1293. p. 336.]
July 19.655. Anthony Sanderson to Mr. Delafaye. Asks for copy of Governor Shute's Memorial complaining of the Assembly, they having empowered him to act for them and sent him several papers in their defence etc. Signed, Antho. Sanderson. 1 p. [C.O. 5, 752. No. 21.]
July 23.
Whitehall.
656. Additional Instructions to Governors Burnet, Shute, Nicholson, and Sir Wm. Keith, by the Lords Justices. We do hereby in H.M. name direct and require, that you do not give your assent to any private Act until proof be made before you in Council, and entered in the Council books, that publick notification was made of the party's intention to apply for such Act in the several parish Churches, where the premises in question lye, for three Sundays at least successively before any such Act shall be brought into the Assembly. And further you are to take care, that for the future you do not pass any private Acts without a clause inserted therein suspending the execution of such Act, until H.M. Royal approbation shall be had thereof. [C.O. 324, 35. pp. 12, 13.]
[July 23.]657. Petition of John Conrad Weiser to the Lords Justices. On behalf of the 4000 Palatines in New York, prays that Instructions may be given to the Governor for their settlement on some tract of land remaining in the disposal of the Crown etc. 1 p. Overleaf,
657. i. The Lords Justices refer preceding petition to the Council of Trade and Plantations for their report. Whitehall, July 23, 1723. Endorsed, Recd. 25th, Read 31st July, 1723. 1 ¼ pp. [C.O. 5, 1053. ff. 133, 133v. 134v.]
July 25.
Whitehall.
658. Council of Trade and Plantations to the Lords Justices. Recommend for confirmation Act of Nevis for settling the estate of Thos. Herbert etc. [C.O. 153, 14. pp. 120, 121.]
July 25.
Jamaica,
Spanish
Town.
659. Governor the Duke of Portland to the Council of Trade and Plantations. I can not be silent when any thing offers that may in the least be worth yr. Lordps. attention etc. Refers to enclosures. Continues:—The affair of the pirate call'd the Cassandra, will (if thoroughly examin'd into, and if my informations be true) be found not quite so clear and right as itt should be; and if you offer to meddle with sea affairs when you speake to any of the Captns. of the men of war, you expose yourself to insults, they carriing every thing in such a manner and with such airs as are not to be express'd. Yt. will sufficiently appear by the inclos'd papers, and I avoid saying any thing of my own, being desirous matter of fact should speake, which I hope will justifie my proceedings, and induce yr. Lordsp. to use yr. interest and best endeavours, that those who have the honour to represent H.M. in some degree and who have nothing att heart but his service, and the good of the publick, may not be liable in the execution of their office, to be affronted and insulted; and in such a manner as I beleve yr. Lordsps. will think, was such a behaviour and proceeding as was unfitt for me to bare even out of any station; the Speaker of the Assembly Mr. Mudd, who I recomended to yr. Lordsps. favour, to be one of H.M. Councill is dead suddenly of an apoplectick fitt, I realy am sorrry for itt, he being a person well qualified and of the best principles in this Island; I must say that they are very scarce here, and am realy as yett att a loss, who to recomend, give me leave to assure yr. Lordsps. that those who were mention'd in England before I came away are nott att all proper for itt; there is but to many such, allready in H.M. service. I will as soon as I can be satisfied of peoples character by theire behaviour, send yr. Lordsps. an account of them; in the mean time I desire to assure yr. Lordsps. yt I shall use my best endeavours to entitle me to yr. favour etc. Signed, Portland. Endorsed, Recd. 28th, Sept. Read 1st Oct., 1723. Holograph. 2 pp. Enclosed,
659. i. Deposition of John Feilding. 20th July instant, deponent dined with the Duke in company with Capt. Joseph Laws, Commander of the Mermaid man of war. After dinner the latter asked the favour of a coach from his Grace, which my Lord Duke said should be at his service, and that he would send one of his own gentlemen to attend him etc. On learning that it was his Grace's Gentleman of the Horse that his Grace designed to go with him, "What," said Capt. Laws, "do's the Duke think I will sit by any one in his coach, that he do's not permit to sitt down with him at his table" etc. His Grace answered that the first man of quality in England would take the complement the greater for another person of quality's sending a servant of that character with his coach to attend him etc. This was no satisfaction to Capt. Laws who said his Grace had treated him ill the last time he came to wait upon him, by telling him upon some discourse betwixt 'em in the Church that his Grace should say he would confine the Capts. of men of war to their ships, and now by offering to putt a servant of his in the coach with him etc. As to confineing Capts. of War he durst not do it, nor had he it in his power etc.. repeating, you dare not confine me, in a very angry and threatning manner etc., which obliged my Lord Duke to say I'le try that, and sent the officer of his guard Lt. Plowman to make Capt. Laws his prisoner etc. Signed, J. Feilding. Endorsed as preceding. 2 ¼ pp.
659. ii. Deposition of Walter Lake, 20th July, 1723. Confirms latter part of preceding. Signed, Walt. Lake. Same endorsement. ½ p.
659. iii. Governor the Duke of Portland to Commodore Harris. Describes above incident and leaves the matter to his determination etc. Same endorsement. Copy. 1 ½ pp
659. iv. Commodore Harris to Governor the Duke of Portland. Falkland at Port Royal, 21st July, 1723. Desires him to set Capt. Laws at liberty. "If what he says affected your Grace's honour your making him a prisoner affected the honour of his office as Capt. of one of H.M. ships much more," etc. Signed, B. Harris. Same endorsement. Copy. ¾ p.
659. v. Minutes of Council of Jamaica relating to Capt. Laws. Capt. Laws refused the Duke's offer that he should return to the Commodore with an officer of the guard bearing letter (No. iii), or to make submission, but insisted upon being carried as a prisoner to the guardhouse, refusing other lodgings provided for him. H.E. having asked the advice of the Council upon the whole affair, the Attorney General advised that he was guilty of an assault upon H.E. It was ordered that he be taken into custody of the Provost Marshall and prosecuted etc. Same endorsement. Copy. 2 ¼ pp.
659. vi. Governor the Duke of Portland to the Earl of Barkeley. 23rd July, 1723. Complains of the behaviour of Commodore Harris and some of his Captains, who affect upon all occasions to be superior to H.M. Council, and the Commodore superior to everybody here, no one excepted etc. Your Lordship was pleased to assure me, before I came away, that there would be no reason to apprehend anything that could make me uneasie about the behaviour of the Captains of the men of war. I desire you will judge now, whether my apprehensions were ill grounded etc. Same endorsement. Copy. 2 ¾ pp.
659. vii. Governor the Duke of Portland to Lord Carterett, 24th July, 1723. Nothing material has happen'd here since my last, the chief thing is, the Spaniards at Panama and Porto Bello, have recev'd a pirate called ye Cassandra, she came from the East Indies commanded by one Taylor, the Governor of Panama as soon as he heard that she was upon their coast sent a free and general pardon to engage them to come in with severall Spaniards to defend her, against the English men of war (who were out after her) etc., tho' that protection would hardly have saved them if the King's ships had met her att sea, but by some extraordinary accident of wind or strong currents, they gott her safe into port, where one of the men of war saw her but a day or two after she was gott in, all her men and effects on shore. As this ship belonged to H.M. subjects, and most of his subjects on board, I think it my duty to write in the most pressing terms to the Governor of Panama to reclaim her, and all the effects she had in her belonging to the English etc. Repeats concluding part of covering letter. Extract. 2 pp.
659. viii. Same to Same. 25th July. Refers to papers relating to Capt. Laws. Continues:—It is impossible upon the foot these matters stand that this Island can be protected, the trade of the Island is become the property of the men of war, and none partake with them in itt but those they favour, the merchants in general are most of them discouraged, if not undone, the Captains of men of war now they can't trade with theire ships, hire sloops, or buy them, then load them with things of their own, putt but few hands on board, without being at the charge of victualling them, because they send men and victualls on board when required out of the man of war as soon as they are out of sight of land; and then instead of clearing away the pirates, go from place to place with the sloops that are their own a tradeing, and when they have done come into harbour again, till they supply themselves with fresh goods etc. This is their constant practice, which ruins the traders, they being at a great charge to fitt out their sloops, and besides the reward they give (when under the convoy of a man of war) to the Captn., which enables the Captn. to undersell the merchant, who by the great charge he is att, must be ruin'd if he go's on in his trade, and the Captns. of the men of war being accountable to no body here, do whatever they please without the least control, if one offers to say a word one is abused, and they lord it as they please, hardly allowing any body to be theire equall, much less their superior. Your Lordsp. will see that, by the inclosed papers etc., it is impossible to bear their haughty airs and insulting ways. I beg your Lordsp. would use your interest to have this rectified if possible, and to prevent one's being insulted at this rate; no body would dispute the command of the ships, they certainly know best what belongs to them, but to have them go where and when they please, to act as they have a mind to, is puting the publick to a vast charge only to enrich the Captns. of the men of war, and undoing this Island, which wants and deserves encouragement, some subordination is absolutely necessary and itt is time to put some stop to the arrogance of the Captains, they besides are the occasion of great numbers of people who us'd to gett their livelyhood by going to sea in tradeing vessels, to starve and by their desperate condition leave the Island, and great numbers of them joyn the pirates, which if not prevented must be the totall undoing of this Colony etc. Same endorsement. Copy. 2 ¼ pp. [C.O. 137, 14. ff. 206–207, 208v.–211, 212v.–213v., 214v., 215, 216v.–221v., 222–224v; and (copies of Nos. i–v, viii) 137, 52. ff. 13–16, 17, 19, 19v., 21, 23–24.]
July 25.
Whitehall.
660. Mr. Popple to Lt. Governor Hope. In accordance with his request through Mr. Noden, transmits 20 printed copies of the Laws of Bermuda, 1690–1714, to be distributed and kept in the several offices and Courts etc. [C.O. 38, 8. pp. 1, 2.]
[July 25]661. (a) Petition of Merchants residing in and trading to South Carolina to the Governor, Council and Assembly, against the bill now under consideration in the Assembly for making and stamping £120,000 paper currency. [?Dec., 1722.] 28 signatures. Endorsed, Recd. (from Mr. Shelton), Read 25th July, 1723. Copy. 1 p.
(b) Memorial presented with preceding. cf. May 22 and 31st. Copy. 5 ½ pp.
(c) Further reasons in support of preceding. 1 ½ pp.
(d) Proceedings of Assembly, 6th-8th Dec., 1722. The subscribers of (a) were ordered to be taken into custody for exhibiting a false and scandalous memorial, destructive to the true interest of the Province, a base reflection on preceding Parliamentary proceedings and a high indignity to the present General Assembly etc. Copy. 4 pp.
(e) Petition of merchants residing in S. Carolina to the Governor and Council, now in custody (d). Pray to be heard on the subject matter of their Memorial and to be allowed a copy of the Bill and liberty to offer further reasons against it, the right of petitioning appertaining to all H.M. subjects. 24 signatures. 1 p.
(f) Order of Council of S. Carolina, 12th Dec., 1722, that petitioners (e) be heard to-morrow and that the Assembly be acquainted that though they be admitted to be heard upon the subject matter of the bill according to the privileges of English subjects, (Memorandum, 13th Dec.) yet they will hereafter be returned to custody, and the privileges of the Commons House preserved. This order was presented to John Browne, Messenger of the Lower House, but he refused to receive or obey it. Copy. 2 ½ pp.
(g) Journal of Assembly, 14th Dec., 1722. Second Petition of 18 signatories to above Memorial (a) (b), stating that they did not thereby intend any reflection upon the present or past General Assembly, and praying to be discharged from custody, was dismissed, since they had not therein acknowledged their fault. Copy. 1 p.
(h) First Petition of 18 of the signatories of Memorial (b) to the Assembly. Pray to be discharged. They did not mean to offer any affront or indignity to past or present proceedings of the General Assembly. Copy. 1 p.
(i) Journal of Assembly. No date. Above petition dismissed. Copy. ½ p.
(j) Journal of Assembly, 13th Dec., 1722. Upon reading letter (e) resolved that the following extract be sent with the reply, that when this Board is ready to hear them, they shall have notice. Extract of a message from the House of Assembly to the Governor and Council, 13th Dec., 1722:—Every petition against bills under consideration of the Assembly, especially such as concern money or supplys, ought to be first preferred to and considered by this House, where every inhabitant hath his Representative, and in case the bill is past with us that then petitioners may be heard before H.E. and Council. Copy. 1 p.
(k) Signatories of Memorial to the Governor and Council. We were ready to attend, but the Messenger of the Assembly refused to take any notice of your Order (f), and is directed (as he says by fresh orders) not to take any notice of this your Order etc. 20 signatures. Copy. 1 p.
(l) Third petition of 18 signatories to the House of Assembly upon which they were discharged. What was contained false and scandalous in their Memorial (b), was inadvertantly done etc. Copy. 1 p.
(m) Order of Assembly, 14th Dec., 1722, for the discharge of Benjamin Godin (one of above Memorialists), he first paying the Clerk's and Messenger's fees. Signed, Ja. Moore, Speaker. Copy. 1 p.
(n) Order of Assembly, 14th Dec., 1722. The Clerk's fees for a commitment and discharge to be raised from 20s. to 40s., as the Messenger's fees was raised from 1£ to 4£. The Clerk to take from every person petitioning jointly the same fees as if each had singly petitioned etc.
Nos. d to n, endorsed, Recd., from Mr. Shelton, 25th July, 1723. Copy. ¾ p. [C.O. 5, 358. ff. 350–354, 355v.–360, 361v.–369v.]
[July 25]662. Proceedings at a Conference of both houses of Assembly of South Carolina, on the Paper Currency, held at the house of Col. Alexander Parris, Charles City, 14th Dec., 1722. 15 pp. Endorsed, Recd. (from Mr. Yonge), Read 25th July, 1723. Copy. 15pp. [C.O. 5, 358. ff. 370–377v.]
July 26.
Whitehall.
663. Council of Trade and Plantations to the Lords Justices. Propose repeal of Acts of S. Carolina (i) for raising £17,248 on lands and slaves and (ii) for reprinting the present current paper bills of credit and printing £40,000 in bills of credit etc., and that the Governor, who has acted in direct opposition to H.M. Instructions herein, "be enjoined not to give his consent on any pretence whatsoever, to any Act for encreasing the currency of paper credit, or for altering or diverting the funds established by former bills of credit or rice-bills issued before H.M. was pleased to reassume the Governmt. of the said Province into his own hands" etc. Set out, A.P.C. III No. 48 q.v. [C.O. 5, 400. pp. 175–178.]
July 26.
Whitehall.
664. Report of the Committee of Council to the Lords Justices upon 3 Acts of Jamaica relating to the Revenue and Governor's salary etc. v. 20th June. Set out, A.P.C. III. pp. 46–52. Signed, Jas. Vernon. Endorsed, Recd. 20th Aug., Read 2nd Oct., 1723. 17 ¾ pp. [C.O. 137, 14. ff. 233–241v., 242v.]
July 26.
Drs.
Commons.
665. Case of Lt. Governor Hope, with Mr. Strahan's opinion that Mr. Dinwhiddie's commission is an encroachment upon the Governor's, as Vice-Admiral, and ought to be revoked. (v. C.S.P. 9th Sept., 1722.) Signed, Wm. Strahan. Endorsed, Recd. (from Mr. Drummond), Read 13 Nov., 1723. 2 ½ pp. [C.O. 37, 10. No. 47.]
July 26.
Whitehall.
666. Order of Committee of Council. Referring following to the Council of Trade and Plantations, who are to report what powers are reserved to the Crown in the Charter of Rhode Island, and how far the Governors have acted agreeable thereto etc. v. A.P.C. III. No. 44. Signed, Temple Stanyan. Endorsed, Recd. 20th. Aug., Read 1st Oct., 1723. 2 pp. Enclosed,
666. i. Petition of Richard Partridge of London, Agent for Rhode Island and Providence Plantations to the King. Prays to be heard against H.M. Order requiring the Governor of Massachusetts Bay to demand of the Governor a bond for the observance of the Acts of Trade and Navigation and to make oath that he will inform himself of the said Acts etc. Petitioner alleges these directions to be inconsistent with the Charter of the Colony etc. v. A.P.C. III. No. 44. 4 pp. [C.O. 5, 1266. ff. 131–133v., 134v.]
July 28.667. List of ships and account of Fishery at Canso for 1723. Totals: vessels 83; tonnage 3203; men belonging to do., 534 etc. Quintals of fish sent to market last year, 33,000; killed this year, about 18,000 which were on the flakes, 28th July, 1723. Endorsed, Recd. (from Commander Cayley) 22nd Sept., 1724, Read 11th Feb., 1725/6;. 6 ½ pp. [C.O. 217, 4. ff. 298v.–301v.]
July 30.
Bermuda.
668. Lt. Governor Hope to the Council of Trade and Plantations. Encloses duplicate of 4th July. Reports death of Capt. William Tucker, and recommends Capt. Samuel Rayner to succeed him in the Council. "He is not in the list sent 25th Nov. 1722, but is a very proper person" etc. Signed, John Hope. Endorsed, Recd. 1st, Read 21st Jan., 1723/4. 1 p. [C.O. 37, 11. ff. 1, 2v.; and (abstract) 37, 24. p. 16.]
July 30.
Bermuda.
669. Same to Lord Carteret. As preceding. Signed, John Hope. Endorsed, Rd. Dec. 15. n.s. at Bentheim. 1 p. [C.O. 37, 26. No. 29.]
July 31.
Whitehall.
670. Council of Trade and Plantations to Robert Walpole. Recommend appointment of William Fairfax as Secretary of the Bahama Islands. v. 31st March, 1723. [C.O. 24, 1. pp. 74, 75.]
July 31.
Whitehall.
671. Same to the Lords Justices. Recommend for confirmation three Acts of Bermuda (v. 27th Aug. 1723). [C.O. 38, 8. pp. 3, 4.]