America and West Indies
August 1723

Sponsor

Institute of Historical Research

Publication

Author

Cecil Headlam (editor)

Year published

1934

Pages

318-337

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: August 1723', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 318-337. URL: http://www.british-history.ac.uk/report.aspx?compid=72017 Date accessed: 21 October 2014.


Highlight

(Min 3 characters)

August 1723

Aug. 1.
Chancery
Lane.
672. George Bampfeild to [?Mr. Popple]. Presses for report on Act of New York mentioned 7th Feb. "Since which I have received by every shipp that came from thence pressing letters to sollicit its confirmation," etc. Refers to Governor Burnet's recommendation of Mr. Ayres for the Council of New Jersey, "The Governor in his last letter again pressing me to procure the said warrt." etc. Signed, Geo. Bamfeild. Endorsed, Recd. Read 6th Aug. 1723. 1 p. [C.O. 5, 1053. ff. 135, 135v.]
Aug. 6.
Whitehall.
673. Council of Trade and Plantations to the Lords Justices. In reply to July 23rd represent that, some of the Palatines in the Province of New York are of a very turbulent and untractable temper, from whence it has happen'd, that the best endeavours used by H.M. Governors to content them have frequently proved ineffectual, and the said Palatines' Agents in Great Britain, have often apply'd to the Crown, as the petitioner has now done. But by the last letter we received from Mr. Burnet, we have reason to apprehend, that the said Palatines either are, or shortly will be settled to their satisfaction etc. Enclose extract of letter, 21st Nov., 1722. [C.O. 5, 1124. pp. 326, 327; and (rough draft) 5, 1079. No. 134.]
Aug. 6.
Whitehall.
674. Order of Lords Justices in Council. Ordering, upon reports of Committee of Council and Lords Commissioners of the Treasury, remission of quit rents and purchase of rights for 7 years for the two new counties of Virginia, under restrictions. Set out, A.P.C. III. p. 23. Signed, Jas. Vernon. Endorsed, Recd. 17th, Read 18th Dec., 1723. 3 ¾ pp. [C.O. 5, 1319. No. 32.]
Aug. 6.
Whitehall.
675. Order of Lords Justices in Council. Ordering the Council of Trade and Plantations to consider what laws now in force in Jamaica, will expire 1st Oct. 1724, and what laws will remain in force after that time; and upon what foot the Government of that Island will then stand, and under what circumstances the inhabitants thereof will remain, in relation to their dependance upon the authority of the Crown etc. The said Lords Commrs. are to take the opinion of H.M. Attorney and Solicitor Generall thereupon, and report a full state thereof to their Excellencys. Signed, Ja. Vernon. Endorsed, Recd. 20th Aug., Read 1st Oct. 1723. 1 p. [C.O. 137, 14. ff. 204, 205v.]
Aug. 6.
Whitehall.
676. Order of Lords Justices in Council. Repealing Acts of Jamaica. (i) for making H.M. Revenue perpetual, (ii) for preventing frauds in collecting H.M. Revenue, (iii) for augmenting the Duke of Portland's salary, and directing that a letter to Governor the Duke of Portland be transmitted to H.M., and sent to the Duke under H.M. sign manual etc. v. A.P.C. III. No. 45. Signed, Jas. Vernon. Endorsed, Recd. 20th Aug., Read 2nd Oct., 1723. 3 pp. [C.O. 137, 14. ff. 225–226v.; and 243, 243v.–244v.; and 137, 46. No. 40.]
Aug. 10.
New
Providence.
677. Governor Phenney to the Council of Trade and Plantations. I presume ere this my letters and papers by the Hanover are safe arrived, as also the duplicates which I sent by the sloop Endeavour, having had the misfortune to have some former papers miscarry, which gave me a great deal of uneasiness, lest your Lordships should impute anything to my neglect. I have finisht the King's bastion in about five months. I begun the Lord Carteret bastion about six weeks ago which already even above my expectation is more than half done and I hope will be compleated in less time considerably than the other, great part of the foundation of which I was oblig'd to lay in the sea. I hope the draft is with your Lordships by Captain Barker. Enclos'd is an affidavit by which your Lordships will perceive what treatment our people meet with from the Spaniards. The sd. Mundietto commands a galley of 36 oars and a tender of 12 oars with 250 men in both vessels, and has as I am inform'd the King of Spain's Commission. Here has been a distrust of some of the inhabitants having been lately out dealing with pirates on the French coast. I have sent the Council's proceedings thereon; by which your Lordships will see that we took all imaginable care to root out the very remains of former ill practices, and to recover a good reputation. This affair was brought on by the Company's selling the person's sloop that they hir'd for a certain term, pretending they were taken by pirates, and at the same time bringing in another vessel and money, and by their prevarication and obstinately concealing the truth when examind. Your Lordships have likewise papers enclos'd relating to Governor Rogers which will explain themselves. He staid here near six months, and I believe is return'd for England by way of Boston. The inhabitants some time since made me a compliment, and there being some things in it relating to their inability to help me, I thought it proper to transmitt it to your Lordships etc. Signed, G. Phenney. Endorsed, Recd. 14th Oct., 1723, Read 19th Aug., 1724. 1 1/3rd pp. Enclosed,
677. i. Minutes of Council of the Bahama Islands, 23rd Dec., 1722,–17th June, 1723. Governor Rogers produced accounts of his extraordinary charges during the attack by the Spaniards and the embargo, but was unable to distinguish what ought to be charged to the Copartners and what to the public, with which alone the Council declared themselves concerned etc. Endorsed, Recd. 14th Oct., 1723. Copy. 14 ¾ pp.
677. ii. Minutes of Council of the Bahama Islands, 16th June, 7th Aug., 1723. Enquiry into proceedings of Henry White, who sailed out of this port commander of the sloop Orange and returned in a two mast boat, for which and some money he had sold it etc. Capt. White was discharged of his recognizance upon evidence being produced that the purchaser, in Hispaniola, was of good repute, and not a pirate etc. Endorsed as preceding. Copy. 8 pp.
677. iii. List of Councillors of Bahama Islands:—James Gohier, William Fairfax, Richard Thompson, Nathaniel Taylor, Samuel Watkins, William Spatchers, Joseph Cookes, Thomas Ockold, John Howell, Thomas Barnett, Thomas Spencer, Thomas Granger. ½ p.
677. iv. Minutes of Council (a), 19th Feb., 1722/3. The frame intended for the new Church being brought by Capn. Coverly from N. England according to covenant, a Committee was appointed "to erect the Church, in the best manner the subscriptions to be collected can enable them."
(b) 28th July. Directions for erecting a palisade round the fort. Endorsed, Recd. 14th Oct., 1723. 2 ½ pp.
677. v. Address of the Council, Magistracy and principal inhabitants of Providence to Governor Phenney. H.M. not having yet thought fit to grant us an Assembly, we declare to your Excellency, as the unanimous voice of the whole people, our satisfaction in your prudent administration etc. Commend the equal distribution of justice, freedom of debate in Council, and H.E.'s efforts to complete the fortifications etc. "We cannot but regret our inability to supply your wants for the effecting your great designs, but hope that you will have a speedy assistance from home to enable you to proceed and finish a work so highly necessary for H.M. service, and the security of this Colony." etc. Court House at Nassau, 29th May, 1723. Endorsed as preceding. Copy. 1 p.
677. vi. Deposition of Thomas Walker, Commander of the sloop Industry of Providence, 16th July, 1723. In June last off Cuba he was boarded and plundered by a galley belonging to the Havana, which proved to be the King of Spain's, commanded by Capt. Mundietto, who told him that war was proclaimed. A Bristol snow, commanded by Capt. Mullington, was similarly treated. Signed, Tho. Walker. Same endorsement. 2 pp. [C.O. 23, 1. Nos. 53, 53. i.–vi.]
Aug. 10.
New
Providence.
678. Governor Phenney to Lord Carteret. I had the honor of your Lordship's of the 6th of May last by the pink Carteret, and find a satisfaction that I hope will support me thro' all difficultys in having H.M. approbation of my services etc. I thank your Lordship for those other marks of H.M. favour your Lordship has been so good to gain for us, the want of which distress'd us at home and made us look little abroad. Besides the necessity of the publick service of the Church which I have been forct to get a Lieutenant to read on Sundays we had a great many unbaptiz'd children which made us the more sensible of the want of a clergyman. I don't question your Lordship's assistance to compleat the hopes you are pleas'd to give me at the conclusion of your letter etc. Repeats preceding covering letter. Continues:—The soldiers on whom the whole weight of the work lyes, tear to pieces with their continual labour among stone and lime, their linnen, shoes and stockings, so that if there could be a small allowance made them, as Capt. Barker told me was usual, it would give them great encouragement. The small arms and accoutrements for the men having been lost and destroy'd in the late Governor's time as by my first account home on my arrival I have been forct to borrow from the Factory ever since, such arms as they have, which are no ways proper for H.M. troops being long Bucaneer pieces without bayonetts. I humbly pray your Lordp's. order that I may have a new sett for the preservation of which I will make myself accountable. Lieutenant MacManus has scarce done any duty since here, having been almost always imprison'd for some odious misdemeanours. He was some time since discharg'd after six months confinement and a fine of ten pounds which I forgave him upon giving £100 security for his future good behaviour, which bonds he has broken and is now in again for that sum. He is of no service at all to the King's Garrison and of particular disservice to the Colony being when at liberty continually quarrelling with and abusing some or other of the inhabitants. I thought it my duty to say this much at least of his character, the rest being too dirty to lay before your Lordship to whose wisdom and good pleasure I humbly submitt the determination of this affair. Signed, G. Phenney. Endorsed, Rd. Oct. 15th., Rd. at the Göhre, Nov. 6th. n.s. 2 ½ pp. Enclosed,
678. i, ii. Duplicates of Nos. 677 v., vi.
678. iii. Duplicate of No. 677 iii. [C.O. 23, 13. ff. 127–129v., 131–132; (without encl. iii) and (encl. iii. only) 23, 12. No. 82.]
[?Aug.10.]679. [?Mr. Delafaye] (fn. 1) to Governor Worsley. I have received, transmitted to me by My Lord Carteret from Hannover, your letters to his Lordship of the 26th of March, and 9th of April last, with enclosures enumerated, all which I shall take a proper opportunity to lay before the Lords Justices. The hopes you have of putting an end to the animositys you found amongst the inhabitants at your arrivall and of diverting their thoughts from party quarrells to the publick good must necessarily tend to the prosperity and trade of the Island, and be a means of putting the heavy debt, occasioned I am afraid chiefly by those differences in a way of being discharged. I am to acquaint you that the substance of what you write upon the head of Trade, relating to great abuses therein, and of an illegal commerce being carryed on from several parts to your Island, but especially Martinico, has been transmitted by the Lords of Trade to the Lords Commrs. of H.M. Treasury and will soon have its proper consideration, it being of the greatest consequence to have this grievance redressed. The reasons you give for having ordered one of the sloops, that had been seized and condemned, to be manned by white men and employed in the Custom house affairs to prevent the running of goods, leave no room to doubt but that step will be approved off, and although Mr. Dalrymple might think himself obliged to claim H.M. third yet such a proportion will I am persuaded be thought well bestowed upon so necessary a service, in relation to which and other matters you propose concerning the fraudulent and illegal trade, you will hear more fully from me when they have had their due consideration in a proper place. As to what you mention relating to the 100th Article of your Instructions (v. 9th April), I am to observe to you that the long abuse of that Article by which no account has been ever rendred to H.M. of those effects so siezed and secured, nor any benefit accrued to the Crown from them, was the chief reason why H.M. by his Instructions, 12th Sept. 1721, was pleased to direct the pyratical effects to be regularly received, and accompted by the proper Officers constituted for that purpose, in order that by being stated and laid before the Lords of the Treasury here, they might be ready for such disposall as H.M. should think fit; and this was still more necessary since H.M. having by Proclamation declared a certain reward for each Pyrate that should be taken in proportion to his quality, as also for encouraging the captors a fund might be established to answer those purposes which could not be done any way so well as out of the pyratical effects, there being no other provision made for this service by Parliament or otherwise; and therefore I must take notice to you that these Instructions though prior to yours, yet were subsequent in date to my Lord Belhaven's, and as yours are the same with his Lordships without any change in this respect at least, I think it cannot be construed that the general words of the Article you mention relating to pyratical effects has superseded H.M. special directions for receiving and accounting for those effects are contained in his Instructions to the Casual Receiver. I don't apprehend that the Act passed by the Assembly for granting to you £6000 per annum will meet with any difficulty in the confirmation of it and you may depend upon my good offices to promote it or any thing else that may be for your service. You having sent to the Lords Commrs. of H.M. Treasury copys of the several papers concerning the disputes between the Custom house Officers and the Casual Receiver etc., you may soon expect a decision on that head. No date or signature. Draft. 3 ⅓ pp. [C.O. 28, 44. ff. 61–62v.]
[?Aug.10.]680. Memorandum [?by Charles Delafaye] upon Governor Worsley's Instructions relating to ships coming from the East Indies (v. 1st June). The words in the Instructions (v. C.S.P. 2nd Oct., 1721) are ship or ships, without any exception; but the words charter parties, invoyces, cocquets etc. afterwards mentioned in the same sentence might induce Mr. Worsley to apply it only to trading ships. Suggests that Mr. Attorney and Solicitor General, who were consulted in preparing this Instruction, should be asked their opinion etc. No date or signature. 3 pp. [C.O. 28, 44. ff. 57–58.]
Aug. 13.
Whitehall.
681. Mr. Secretary Walpole to Lord Carteret. Your Lordp. will see by the inclosed Order in Council, that I am directed to transmit to H.M. the report of the Lords of the Committee of Council upon three Acts passed by His Grace the Duke of Portland in Jamaica etc. Continues: The reasons contained therein for disallowing these Acts appeared so full and convincing to the Lords Justices, that they thought it their duty to repeal them and it being a point of so great importance to H.M. service that the laws and revenues of the Island of Jamaica should be put upon a better footing than they are by the Acts which are now repealed, the Lords Justices judged it highly necessary that such a letter as is proposed by the Lords of the Committee should forthwith be sent to the Duke of Portland; and to give it the greatest weight, they were humbly of opinion it should be under H.M. sign manual etc. P.S. The Lords Justices have taken time to consider of what Mr. Worsely wrote concerning the men of war touching at Barbadoes, the instructions relating to it being a little doubtfull. Signed, R. Walpole. Annexed,
681. i. Order of Lords Justices in Council. Whitehall. 6th Aug. 1723. Copy of No. 676.
681. ii. Report of Committee of Privy Council on above three Acts, 26th July, 1723. Set out, A.P.C. III. pp. 46–54. q. v.
681. iii. Draft of H.M. letters to Governor the Duke of Portland, v. 27th Aug.. [C.O. 324, 35. pp. 19–44; and (No. iii. only) 137, 52. ff. 31–34.]
Aug. 14.
Whitehall.
682. Order of the Lords of the Committee of Council for hearing appeals and complaints from the Plantations. Upon taking into consideration the Representation, referred to them by the Lords Justices, proposing the removal of Thomas Brooke from the Council of Bermuda, the Committee order the Council of Trade and Plantations to report to them what proofs have been transmitted to them to support the charge made against said Brooke by Col. Hope, and what opportunity has been given Brooke to answer the said charge. Signed, Jas. Vernon. Endorsed, Recd. 20th Aug., Read 23rd Oct., 1723. 1 ½ pp. [C.O. 37, 10. No. 45].
Aug. 16.
Whitehall.
683. Mr. Delafaye to the Council of Trade and Plantations. Encloses following with the Lords Justices' directions "that you do with all convenient dispatch enquire very particularly into the several facts therein sett forth, and into all the circumstances of the case, and report a state thereof together with your opinion what is proper to be done therein." Signed, Ch. Delafaye. Endorsed, Recd., Read 20th Aug., 1723. 1 p. Enclosed,
683. i. Memorial of Governor Shute to the King. [Upon arrival in the Massachusetts Bay in Oct. 1716.], I soon call'd the General Assembly together. I found the House of Representatives, who are chosen annually, possessed of all ye same powers of ye House of Commons, and of much greater: they having ye power of nominating once a year, the persons that constitute your Majesty's Council etc., and giving ye salary of ye Governour and Lt. Governour, but from six months to six months; and likewise giving such only, as is no way suitable to ye rank of your Majesty's Governour and Lt. Governour, or to ye known abilitys of ye Province, and this notwithstanding your Majesty's Instructions, directing them to settle a salary suitable to their stations, and for such time as they shall continue in [?them]. The said House likewise appoint the salary of ye Treasurer every year, whereby they have in effect ye sole authority over that important office, which they often use in order to intimidate the Treasurer from obeying the proper orders for issuing money; if such orders are not agreeable to their views and inclinations. By all which means the House of Representatives are in a manner the whole Legislative, and in a good measure the executive power of the Province. This House consists of about one hundred, who by an Act of Assembly must be persons residing in the respective towns, which they represent: whereby it happens that the greatest part of them are of small fortunes, and mean education; men of the best sense and circumstances generally residing in or near Boston; so that by the artifice of a few designing members, together with the insinuations of some people in the Town of Boston, the Country Representatives are easily made to believe; that the House is barely supporting the priviledges of the people, whilst they are invading the undoubted prerogatives of ye Crown. Were it not for this Act, the Assembly would certainly consist of men of much better sense temper and fortune than they do at present. The Assembly usually sit at Boston the Capital of this Province, a large and populous town, suppos'd to contain about 18,000 inhabitants, under no magistracy, by the want of which, many of the inhabitants become too much dispos'd to a levelling spirit, too apt to be mutinous and disorderly, and to support the House of Representatives, in any stepps they take towards encroaching on the Prerogative of the Crown. That this is too much the prevailing temper, in ye majority of the inhabitants of this town is plain from hence, that if I have at any time, according to the known power vested in your Majesty's Governour of that Province, with the strongest reasons, given my negative, to any person nominated to be of your Majesty's Council there, the said town have hardly ever fail'd to choose him their Representative. Three negativ'd Councellors are the present Representatives of ye Town of Boston. This practice is so notoriously known and justify'd, that it is a common maxim, that a negativ'd Councellor, makes a good Representative. The House of Representatives thus constituted and abetted, notwithstanding the many uncommon priviledges they enjoy by vertue of their Charter, far from being contented therewith, have for some years last past been making attempts upon the few Prerogatives that have been reserv'd to ye Crown: wch. for that reason, as well as from the obligation of my oath, and ye trust repos'd in me by your Majesty, I have endeavour'd, to my utmost, to maintain against all invasions whatsoever.
I wou'd humbly beg leave to lay before your Majesty some instances, in which they have endeavour'd to wrest those prerogatives out of yr. Royal hands. (i) The House of Representatives have deny'd your Majesty's right to ye woods in the Province of Main, contrary to the reservations in their Charter, to an Act of Parliament of Great Britain, and the Instructions I reced. from your Majesty etc. The said House having receiv'd an account of a great quantity of trees that were fell'd, and cutt into loggs in the Country of York, many of them fit for masting the Royal Navy, voted, that a Committee of that House, shou'd be joyn'd with a Committee of ye Council, to make enquiry into that affair, and to dispose of those loggs for the use of the Province. To which ye Council at my instance, made ye following amendment viz. "saving to his Majesty his right." But ye House of Representatives refus'd to agree to that amendment. After which, without either my consent or the Councils, they sent a Committee of their own, with orders to dispose of the sd. loggs for ye use of the Province. (ii) The House of Representatives wou'd have refus'd me the power of a negative on the choice of their Speaker; which I thought it necessary to make use of against Mr. Cooke, when he was chosen to that Office; he having publickly oppos'd your Majesty's known rights to those woods. And the said House insisting on their choice notwithstanding the negative I had given it, I dissolv'd that Assembly; and then made a Representation of the whole matter to ye Rt. Honble. the Lords of Trade etc., who sent me the opinion of your Majesty's Attorney General, that ye power was vested in your Majesty's Governour for ye time being. And when they acquainted me, at the next meeting of ye House of Representatives by a message, that they had chosen Mr. Clarke for their Speaker, and I had return'd them for answer, that I approved their said choice, the House of Representatives sent me this message, viz. "that they did not send up the foregoing message for my approbation, but for my information only," and since that time, whenever the Speaker has been absent by sickness, or otherwise, they have never fail'd to choose the said Mr. Cooke Speaker pro tempore. (iii) The House of Representatives voted a publick Fast throughout your Majesty's said Province; a thing never attempted by any of their predecessors: It being very well known, that that power was always vested in, and exercis'd by your Majesty's Governour in that, and all other Colonys in America. (iv) Tho' the Royal Charter has vested in the Governour only the power of proroguing the General Assembly; yet the House of Representatives sent up a vote to the Council adjourning the General Assembly to ye Town of Cambridge; To which I refused to give my assent, and yet after this, they adjourned themselves for several days without my consent, or privity; and did not meet me on the day, to which I had adjourn'd the General Assembly. (v.) I had hop'd that the House of Representatives, upon making due reflection on the several attempts, they had unwarrantably made against these your Majesty's undoubted Prerogatives; and the constant opposition they had met with from me therein; wou'd have desisted from any further attempts of this kind: But to my great surprize they have endeavour'd to wrest the sword out of your Royal hands, as will appear by the following instances. Tho' the Charter, as well as your Majesty's Commission, gives the command of all the forts in the said Province to your Majesty's Governour, and ye sole power of building and demolishing such forts; yet the House of Representatives voted (In margin, 13th, 29th and 14th June, 1722) that a Committee of their House shou'd go down to your Majesty's Castle William, to take an account of all ye stores there; and to take receipts from the Officers for the same, without any application made to me, for my leave, and in the same manner, without asking my consent, order'd the Treasurer, that he shou'd pay no more subsistance money to the Officers, and soldiers of Fort Mary, at Winter Harbour; and directed him to take speedy care that the provisions of ordinance, arms and ammunition, and all other stores of warr at that Fort, shou'd be transported to Boston, and lodged with him. Upon which, I must begg leave, to observe to your Majesty, that the last of these is the only fort and harbour, that can secure the fishing vessels of your Majesty's subjects, in the Eastern parts. The inhabitants have been so sensible of the danger of dismantling this fort, that one hundred and thirty two persons at Marblehead etc. have petition'd the House of Representatives since my departure, that the said Fort may not be dismantled; whereupon the House has desisted from any further attempts that way, and order'd it to be supported. (In margin, 20th Dec., 10th Jan., 1722). This instance may serve at the same time to shew the disposition of ye House, to wrest the sword out of your Royal hands, and that by their assuming this undue power to themselves, the people are taught to address them in cases; where they should only apply to him, that has ye honour of commanding in chief over your forces there. (vi) The House of Representatives voted, (In margin, 17th Augt. 1722) that Mr. Moody a Major in your [Majesty's for]ces there shou'd be suspended, and that even unheard; which vote they sent up to the [?Council for their] concurrence, But the Council nonconcurring the said House of Representatives order'd [?the salary of Maj]or Moody shou'd be no longer paid. And upon my expostulating with the House on their proceeding against a Major in your Majesty's service, so manifestly contrary to all rules of Justice, they sent me a Message, justifying their proceedings against him, in terms that have not been usually given to one, that has the honour of being your Majesty's Governour in that Province. And to [ ] your Majesty's Governour there of less weight, they have of late address'd the Chair in terms much less respectful, than any of their predecessors. (vii) The House of Representatives order'd a Committee [In margin, 17 and 20 Nov. 1720] to command the Officers at ye Eastern and Western parts of the Province, to draw out their forces, and muster them; only under colour of an order sign'd by their Speaker. And the said House has been so far from returning to a just sense of their duty, and from acknowledging this unprecedented violation, of the most important and undoubted right of your Crown; that they have since my departure from ye said Province, by your Majesty's leave, repeated this unpresidented attempt; by pretending to the power of drawing off the Forces from the place where they were [In margin, 8th Janry. 1722]. Which bold pretence of theirs, has not gone without a propper animadversion, and reprimand from your Majesty's Lt. Governour. These charges may be made good by their own votes. I wou'd with humble submission, further lay before your Majesty, that upon my arrival, I had good reason given me, to expect, that they wou'd allow me for my salary £1500 p. ann. of the money currant there. But they gave me no more the first year than £1200 of that money. At which time £160 there, was equal in value to £100 sterling: And they did likewise continue the same allowance for two years after, And tho' provisions have been much dearer since, they have given me no more, than £1000 p. ann. of that money; which is now so much reduc'd in its value, that £260 is but equal to £100 sterling: and therefore is now above a third less in value, than when I first arrived there, so that £385 sterling p. ann. is all which they in reality now allow me. They vote me that sum by moiety's at each Session of their Assembly, which is once in six months: But even that they don't give me, till I have passed the Bills in the respective Sessions; thereby to constrain me as far as they can, to consent to any Bills they lay before me. In the last Sessions of the Assembly, they have voted me no salary at all. So that I have been, and must be, without any support from them for some time: And because I did all in my power to prevent their encroachments on your Majesty's just Prerogative; they have endeavour'd to make me uneasy by other ways, as well as by reducing the salary or allowance which they formerly gave me: As appears by compareing the salary of the three first years with the salary or allowance of ye three last; and as might be made appear to your Majesty by other instances if that was necessary. They voted the Lt. Governour for his service of three years, no more than £35 of that Country money; which he thought below the honour of his Commission to accept. For which unjust treatment I know no other reason, than that he is firmly attach'd to the just Prerogatives of the Crown.
It is but justice to the Province, after making these observations on the House of Representatives, and on too great a part of ye Town of Boston, humbly to acquaint your Majesty, that the whole Clergy of ye Province, as well as the generality of the People, are zealously affected to your Majesty's person, and Government; and the succession of the Crown in your Royal Family. And that the unjustifiable proceedings of the House of Representatives, are disapprov'd by those in the Province, who are most distinguished for their wealth, understanding and probity; tho' by reason of the Constitution of that Government which in effect excludes many of the richest [……………] of Representatives, they are not able to prevent or redress […………]. I am also humbly of opinion that this Province may deserve your Majesty's attention, the rather, because it is of great extent, well peopled, capable of being made a strong frontier, to several of your Majesty's other Colonys; furnishes pitch, tarr, masts and planks, for your Royal Navy: and other valueable commodity's, which they exchange for British manufactures. Signed, Samuel Shute. 4 large pp. Torn. [C.O. 5, 868. ff. 382–384v., 385v.; and 5, 915. pp. 365–377.]
Aug. 16.684. Mr. West to the Council of Trade and Plantations. Reports, upon Act of New York to enable trustees to sell lands of Gilbert Livingston in the City of New York for payment of debt due to H.M. for farming the Excise, that there is thereby a composition made for a debt due to the publick in that Province. "Whether compositions of that kind are usually or proper to be made in the Colonies abroad your Lordshipps will judge." Signed, Richd. West. Endorsed, Recd. 16th Aug., 1723, Read 2nd April, 1724. ½ p. [C.O. 5, 1053. ff. 171, 172v.]
Aug. 20.
Province of
N.
Hampshire.
685. Lt. Governor Wentworth to the Council of Trade and Plantations. Refers to letter of 15th March. Encloses Journals of Assembly 10th Dec., 1722—1st June, 1723, and account of stores remaining in H.M. Fort William and Mary, "which are very small and low." Continues:—I hope Governour Shute has made proper application for some recrutes otherwise we shall be in a pore condetion. I have sent to the Lords of the Treasury Mr. Collector Armstrong's accots. ending 25th June, 1723, from which time Butts Bacon Esqr. haveing taken the oaths appointed is admitted Collector of this port etc. There being no officer appointed from home to take care of H.M. woods in this Providence and preventing the destruction of pine trees etc. I shall therefore take all possible care to prevent any such spoile etc. Mr. Armstrong has left with me his original deputation and instructions etc. I would with great submition move to your Lordships, that the commanding officer of this Province liveing upon the spot and seeing and heareing everything that passes, is likely to serve the King's intrest etc. better then any deputy or sub-deputy Surveyer etc. I have had the honour to serve H.M. neer six years as Lt. Governor of N. Hampshire and have and do expend £300 a year more then the income or profits of my post etc. The whole income of the place not £200 a year of this mony when Governour Shute is in the country etc. Asks for such an allowance as may enable him to do the duty of Surveyor of H.M. Woods, which cannot be carried on without considerable charge etc. Signed, Jno. Wentworth. Endorsed, Recd. 23rd Dec. 1723, Read 23rd July, 1724. 3 ¾ pp. Enclosed,
685. i. Account of powder and stores in H.M. Fort William and Mary, 28th May, 1722–1723. Signed, Robert Coats, Gunner. 3 ½ pp. Endorsed, Recd. 23rd Dec. 1723. 3 ½ pp. [C.O. 5, 869. ff. 33–37v.]
[Aug. 20.]686. Scheme for a settlement of 400 families on or near the Harbour and River of Le Have, Nova Scotia, in 3 years, pursuant to the petition of Major Charles Davison and others etc. v. 17th April, 1722 and 21st July, 1719. It is intended to develope the fishery and production of Naval Stores etc. Signed, Cha. Davison, Charles Browne, Cutts Hassan, Alex. Wilson, Peter Capon. Endorsed, Recd., Read 20th Aug., 1723. 2 ½ pp. [C.O. 217, 4. ff. 189–190v.]
Aug. 21.
Charles City
and Port.
687. Governor Nicholson to the Council of Trade and Plantations. Encloses duplicate of letter of 1st July, and refers to papers sent to the Agent, Mr. Yonge, to be laid before the Board etc. Continues:—I have an account that complaints are made to yor. Lordps. against an Act passed here to make this place of Charles City and Port a Corporation as likewise another for making and emitting bills: There have been and will now be sent severall authentick papers etc. concerning the said Acts so I will not here presume to trouble your Lordps. with the said accot. but I begg leave to assure yor. Lordps. if I had not judged them to be for H.M. interest and service I should not have presumed to rattify the said laws: all the favour that I begg in this case and all others of the like nature is that I may not be censured or condemned before I am heard, that my accusers may be obliged to sign what they have to say against me and give bond to answer me at law. I partly guess who are the opposers of those two laws and mine accusers in other matters vizt. some are dissatisfyed that H.M. hath the Government of this country or that there is any Government at all unless they can be the persons, others who find that their smugling and illegal trade is like to be prevented, others who are much in debt both in Great Brittain and here who join with the former to oversett the Government in order to have an excuse for not paying their debts but pretend they were ruined by such overturn tho' they themselves should be the principal causes of it; I am also a peticoner to yor. Lordps. from H.M. Honble. Council and Assembly that they may not be censured nor condemned in this case till they have answered the accusations layd against them for by their assistance (I thank God) I have been able to govern this H.M. Province according to my Comicon and Instructions etc. The Assembly is prorogued to the third of the next month but there having been a very great deal of rain of late which have made great inland floods and I am affraid hath much damnifyed the rice and Indian corn, and the hurican time drawing nigh if the Assembly should meet on that day I believe it would be prejudicial to all the members thereof. I believe H.M. Honble. Council will think it advisable to prorogue them till about the 24th at which time I hope it will not be inconvenient for them to meet and sitt about a week in order humbly to lay before yor. Lordps. the state of both those Acts and for regulating some affairs which will be absolutely necessary to be done before their meeting some time the later end of October or November in order to the stating the debts of the Province, for by that time they will know whither ye 80,000 pounds in bills now printed will be sufficient to pay off the old ones which we are in hopes they will we having already made three burnings of the old ones amounting to about £25,000 and people dayly bring their old bills to exchange for new ones. The two first plates are printed off and destroyed the third plate being all small bills are "not yett compleat but the persons employed in that affair use all dilligence in the dispatch of the said bills till throughly finished. I am in dayly hopes of receiving licence to goe for Great Brittain etc. and paying my duty to yor. Lordps." etc. Signed, Fr. Nicholson. 2 pp. Endorsed, 6th Feb., Read 29th Oct., 1724. 2 pp. [C.O. 5, 359. ff. 43, 43v., 44v.; and (duplicate, endorsed, Recd. 27th Nov., 1723, Read 29th Oct., 1724) 45–46v.; and (abstract) 5, 406. p. 6.]
Aug. 22.
Charles City
and Port.
South
Carolina.
688. Governor Nicholson to Lord Carteret. Encloses duplicate of 1st July. Continues:—By this oppertunity I write and send to Mr. Yonge copys and duplicates of a great many papers etc. concerning the affairs of this H.M. Province, to be laid before your Lordship etc. Knowing that your Lordship's time is taken up in publick affairs in all respects, I will not presume here to give your Lordsp. any further trouble etc. Signed, Fr. Nicholson. Endorsed, Rd. Feb. 12th, 1723/4. ½ p. [C.O. 5, 387. No. 39.]
Aug. 22.
Whitehall.
689. Mr. Delafaye to the Council of Trade and Plantations. Encloses following reply to representation upon illtreatment of H.M. subjects at Martinique and Guardeloupe, which "the Lords Justices commanded me to transmit to Mr. Crawfurd H.M. Resident at the Court of France, with directions to make proper remonstrances thereupon." Signed, Ch. Delafaye. Endorsed, Recd. 26th Aug., Read 28th Nov., 1723. ¾ p. Enclosed,
689. i. Mr. Crawfurd to [?Mr. Delafaye]. Paris, 27th Aug., n.s., 1723. I have discoursed with M. de Morville who was Secretary of State for the Marine affairs here. He told me, that he had caused inquiry to be made, in the Admiralty correspondence with the French West India Colonies, and finds a very long and particular account of Habbiah Savage, the principal complainer: That he has been a notorious smuggler in those parts, and a plague to their Custom-house Officers there, these seven years past. That he has been twice or thrice catched, and was lately condemned, in the confiscation of his sloop, and in a fine of 2000 crowns. That he disputed the matter at law, and got half of it remitted, in a superior Court, which mildness had given offence to the Govermt. here. That in general, the whole is but an affair of Custom House Officers, who have orders to be very strict in guarding their coasts against interlopers etc. He says they are very jealous of their West India Trade, and are far from being well satisfied with their own Governors, because they connive too much at the smuggling trade etc. He promised to write that care might be taken, that no violence should be done to the persons of the King's subjects, that may fall into their hands, other than what is warranted by law against offenders, but prays at the same time that we may concur with them in discouraging the interloping trade: and to that end desires, that we will use the French subjects that are catched in it, in our Colonys, with full as much severity as is used to the British subjects in theirs. Signed, Tho. Crawfurd. Endorsed, Recd. 26th Aug., 1723. Copy. 2 ½ pp. [C.O. 152, 14. ff. 215, 216–217v., 218v.]
Aug. 27.
Whitehall.
690. Order of Lords Justices in Council. Confirming Act of Nevis for settling estate of Thomas Herbert etc. Signed, Ja. Vernon. Endorsed, Recd. 17th, Read 18th Dec., 1723. 2 ¼ pp. [C.O. 152, 14. ff. 219–220v.]
Aug. 27.
Whitehall.
691. Order of Lords Justices in Council. Repealing Act of Montserrat, 1722, for granting certain duties upon dry goods and liquors and for the payment of £500 annually to Governor Hart etc. Signed and endorsed as preceding. 2 pp. [C.O. 152, 14. ff. 221, 221v., 222v.]
Aug. 27.
Whitehall.
692. Order of Lords Justices in Council. Confirming Acts of Bermuda, (i) to prevent the destruction of palmetto trees etc., (ii) for making an addition to the salary of John Hope, Governor etc., and (iii) to prevent any person from having any net exceeding the length of 3 ½ fathoms etc. Signed, Jas. Vernon. Endorsed, Recd. 17th, Read 18th Dec., 1723. 1 ½ pp. [C.O. 37, 10. No. 50.]
Aug. 27.
Whitehall.
693. Order of Lords Justices in Council. Confirming Act of Barbados for supporting the honour and dignity of the Government, and ordering that, in case any deficiency shall happen in the taxes granted by the said Act, the same should not be charged upon any other branches of the Civil Government, nor otherways made good by any tax to be granted in the said Island, nor shall such deficiency be made use of by H.M. Governor of Barbados, as a claim of debt upon the Crown etc. Signed, Ja. Vernon. Endorsed, Recd. 17th, Read 18th Dec., 1723. 1 ¾ pp. [C.O. 28, 17. ff. 580, 580v., 581v.]
Aug. 27.
Whitehall.
694. Order of Lords Justices in Council. Repealing Acts of S. Carolina for raising £17,248 etc., and for reprinting the current paper bills and printing an additional £40,000 in bills of credit etc. Signed, Ja. Vernon. Endorsed, Recd. 17th, Read 18th Dec., 1723. 2 pp. [C.O. 5, 359. ff. 3, 3v, 4v.]
Aug. 27.
Whitehall.
695. Order of Lords Justices in Council. Governor Nicholson is to be instructed not to pass any such Acts as above for the future, but to propose to the Assembly the speedy discharge of such bills of credit as have been issued on pretence of above Acts etc. Set out, A.P.C. III. No. 48. q.v. Signed and endorsed as preceding. 2 ½ pp. [C.O. 5, 359. ff. 5–6v.]
Aug. 27.
Herren-
hausen.
696. The King to Governor the Duke of Portland. Refers to reports upon 3 Acts of Jamaica (v. 13th Aug.) stating that, "in the first, for making H.M. revenue perpetual, etc.; there are several clauses contained of a very extraordinary nature, relating to the laws proposed to be in force, and which may be attended with many inconveniencys both with regard to Our Government in Our said island, and to the estates and commerce of Our subjects; and that the revenues granted by the said Act will fall very far short of the necessary annual expences of Our Government there; and that you have not pursued either that part of your general Instructions whereby you were required in passing of Acts to insert a clause for preventing their taking effect till Our pleasure should be known, or the particular Instructions which were given you for your guidance in this affair, requiring you not to pass the said Act, before the state of the revenue and expences of the Government of Our said island had been duly considered, and the disposition of the Council and Assembly there had been previously known, and transmitted, and requiring you to insert in the said Act an establishment of the annual expences of the Government, and to transmit the draught of such an Act, with the establishment to be comprehended therein, for the approbation of Our Commissioners of Our Treasury here before the same was passed into a law. For which reasons together with several others contained in the said report of the said Lords of the Committee (a copy whereof is herewith transmitted to you for your particular information) against the sd. first-mentioned Act, as also against the second, relating to frauds in collecting Our revenue, and the third relating to your additional salary; Our said Guardians and Justices have thought proper, with the advice of Our Privy Council to repeal all the said three Acts, and whereas Our said Guardians and Justices have humbly proposed that a letter under Our signet and sign manual should be sent to you, and acquainting you with the reasons alledged for repealing the said Acts and directing you how to govern yourself in the passing others in lieu thereof, We taking the same into Our most serious consideration, cannot but express Our concern to find, that you have not paid that due regard to Our repeated Instructions wch. we might have expected, especially in an affair of so great importance to the good and quiet of Our subjects, as well as the honour and security of Our Government in that Our island. Wherefore we have judged it highly necessary, that you should be acquainted with the reasons for rejecting the said Acts. And in order to the preparing such other Acts as may be more proper for Our Royal approbation, We do hereby expressly require and command you forthwith to communicate to Our Council and Assembly Our gracious intention to continue the laws of the said island, as they now stand, either in perpetuity, or for a term not less than twenty one years, so as they will consent to continue all the present revenues, with such further additions, as may be sufficient to defray the whole expence for ever or for a like term of years; and that you with the said Council and Assembly do prepare the draught of an establishment of the whole expence and additional expences of that Our island for the future, including such additional salary to you, as shall be thought proper to be settled on you during the continuance of your Government. And you are to transmit the same with the draught of an Act both for the revenues and additional revenues, as also for the future annual expence, that the same may be considered by Us, and Our further directions thereupon may be given for a perfect settlement thereof before the first day of October, 1724 etc. Countersigned, Carteret. [C.O. 324, 35. pp. 40–44.]
Aug. 27.
Whitehall.
697. Order of Lords Justices in Council. Repealing Act of Virginia for the better discovery and securing H.M. quit rents. Signed, Jas. Vernon. Endorsed, Recd. 17th, Read 18th Dec., 1723. 1 ¾ pp. [C.O. 5, 1319. No. 33.]
Aug. 27.
Whitehall.
698. Order of Lords Justices in Council. Repealing Act of Virginia for amending the Act concerning servants, slaves and convicts etc. Signed and endorsed as preceding. 2 pp. [C.O. 5, 1319. No. 34.]
Aug. 29. 699. Affidavit by Major Davison and Capt. Capon that the signatories of the petition (v. 17th April, 1722, and 21st July, 1719) were present at the taking of Annapolis Royal, Alex. Wilson appearing for the right of Walter Elliot. Signed, Cha. Davison, Peter Capon. Endorsed, Recd. Read 4th Sept., 1723. 2/3 p. [C.O. 217, 4. ff. 191, 192v.]
Aug. 29.
African
House.
700.. Francis Lynn, Secretary to the Royal African Co., to Mr. Popple. The Royal African Co. pray to be heard against Act of Virginia laying dutys on liquors and slaves imported, "whereby not only the trade of Great Brittain in generall, but that of the said Company in particular will be very much affected." Signed, Fra. [?Lynn]. Endorsed, Recd. 2nd Sept., Read 12th Nov., 1723. Addressed. 1 p. Torn. [C.O. 5, 1319. No. 28.]
Aug. 29.701. Petition of Thomas Sandford and Anthony Sanderson, Agents for the Assembly of the Massachusetts Bay, to the Lords Justices. Pray that consideration of Governor Shute's Memorial against the Assembly may be delayed until they have heard from the Assembly, to whom they have transmitted a copy, and that they may be then heard thereupon. Subscribed,
701. i. The Lords Justices to the Council of Trade and Plantations. Refer preceding for their report. Whitehall. 29th Aug., 1723. Signed, Ch. Delafaye. The whole endorsed, Recd. Read 30th Aug., 1723. 2 pp. [C.O. 5, 868. ff. 455, 455v., 456v.]
Aug. 30.
N. Providence.
702. Governor Phenney to Lord Carteret. Lieut. MacManus being departed this life of a feavor and flux in confinement at his own house, having left a widow and three small children, and Lieut. Ockold being very ancient and crazy with the dropsy, I thought it entirely necessary for H.M. service, and that the fortifications may not be neglected which makes our duty very hard, to appoint Edward Knight eldest serjeant to the Independant Company, to be Lieutenant in his stead til H.M. Royal pleasure be further known. He has serv'd nine years in Flanders and is a sober, discreet man etc. He has given 200 pieces of eight which I have advanc'd to the widow to carry her and the children home etc. It is a great encouragement to the Company (which their hard work deserves) to see one of their own body advanc'd etc. Your Lordship's bastion is almost finisht etc. Signed, G. Phenney. Endorsed, Rd. Jan. 8th, 1723/4. 1 p. Enclosed,
702. i. Deposition of Thaddeus Maccarty, Commander, William Lee, mate, and Andrew Snodgrass, mariner of the brigantine Success. 20th Aug. 1723. Bound from Boston to Jamaica, were captured off Cape Mayez by Spanish pirates, under Peter Roman, who had run away with a ship from Cadiz. They met with a sloop from Baracoa, with whom the pirates exchanged civilities. The Spaniards gave them some encouragement, for they carried deponents and brigantine to Niepo in Cuba. Deponents and the rest of the ship's company were stripped and ill-treated, but at length the commander of the Frenchmen hastily ordered them away in a boat etc. Signed, Thadeus Macarty, Wm. Lea, Andrew Snodgrass. Copy. 1 ½ pp. [C.O. 23, 13. ff. 133, 134v.–135v.]
Aug. [ ]703. John Usher to [?Lord Carteret]. By virtue of their Act of 1722. the inhabitants of New Hampshire are destroying all the choicest timber for naval stores, shipping it to Spain and return by a smuggling trade in silks and linen 300 p.c. for iron etc. Proposes that all timber and naval stores as an enumerated commodity be prohibited from exportation to any but Crown Dominions etc. Signed, Jno. Usher. 1 ¾ pp. [C.O. 137, 52. ff. 29, 29v.]

Footnotes

1 The date and sender are indicated by the opening paragraph in conjunction with the endorsement of Worsley's letter of 1st June.