America and West Indies
November 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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355-372

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'America and West Indies: November 1723', Calendar of State Papers Colonial, America and West Indies, Volume 33: 1722-1723 (1934), pp. 355-372. URL: http://www.british-history.ac.uk/report.aspx?compid=72020 Date accessed: 25 October 2014.


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November 1723

[Nov. 1]737. Memorial of the Lessees of the Bahama Islands to the Lords Justices. The Lessees have made such progress in settling and fortifying the Bahamas that the greatest difficulties and expenses are overcome, there being at least 500 inhabitants and the fortifications in so good a condition that only the addition of one independent company is needed etc. From the numbers they have been obliged to add to the first undertakers of the work, they find themselves unable to carry on the same without being invested with powers of acting as a corporate body etc. Pray for assistance and grant of a Charter of Incorporation, or else that the islands may be taken under the protection of the Crown and memorialists allowed a reasonable consideration for their interest therein. Endorsed, In Mr. Delafaye's of 1st Nov., 1723. Rd. back in Lord Carteret's of ½ ½ Nov. 1 ½ pp. [C.O. 23, 12. No. 83.]
Nov. 1.
Virga.
738. Lt. Governor Drysdale to the Council of Trade and Plantations. Acknowledges letter of 19th June etc. I will proceed to answer such paragraphs as relate to my future conduct etc. As I have not hitherto observed the Genll. Assembly assuming to themselves any new or unusuall privilidges so it shall bee my care to prevent any innovations either on the prerogative of the Crown, or the antient usage of that body. Since the merchants who are most concerned seem not to approve of the projected lighthouse, I think the Assembly will take no further stepps etc. What your Ldspps. are pleased to recommend in relation to the keeping upp a good correspondence with the Five Nations, will I hope bee fully answered by the inclosed Treaty concluded with those Indians last year, wherein the Tuscoruroes are comprehended. The Act passed in 1720 for the better collection of the quit-rents being not to take place without H.M. approbation, I shall endeavour when the Assembly meets again (being now prorogued to the 15th of May next) to obtain a new law conformable to your Ldsps. comands etc. By the death of Willm. Bassett, there is a vacancy at the Council board etc. With submission to your Ldspps. I have always thought itt improper for a Governour to send a list of names for members of the Councel, unless he has gain'd a perfect knowledge of the Country etc., which is the reason I have hitherto delay'd etc. But as I have an intire perswasion of the unblemished loyalty, good understanding, and ample fortune of John Carter Esqr. present Secretary and that he is every way qualified to serve H.M. in that station, I humbly recommend him etc. His father is a Councellor, which may be started as an objection etc., but there is scarce a qualified person in the Colony, unattended with some such like inconvenience, for they are all incorporated either in blood or marriages. But least your Ldspps. should judge such affinity as father and son too close to bee allow'd to have seats on the same bench, I take the liberty of recommending John Grimes Esq, the King's Receiver Genll. who is equally qualified, but still has a father-in-law Coll. Ludwell in the Councell etc. Signed, Hugh Drysdale. Endorsed, Recd. 15th., Read 21st Jan., 1723/4. Holograph. 3 pp. Enclosed,
738. i. Articles of Peace made and concluded at Albany with the Five Nations of Indians in behalf of Virginia by Lt. Governor Spotswood, 29th Aug.–12th Sept., 1722. Endorsed, Recd. 15th Jan., 1723/4. Set out, N.Y. Col. Docs. V. pp. 669–677. Copy. 10 pp. [C.O. 5, 1319. Nos. 40, 40. i.]
Nov. 8.
Whitehall.
739. Mr. Delafaye to the Council of Trade and Plantations. Encloses following. You are to lay before the Lords Justices a state of the case etc. Signed, Ch. Delafaye. Endorsed, Recd. 12th, Read 13th Nov., 1723. 1 p. Enclosed,
739. i. Extract of letter from Mr. Crawfurd, H.M. Resident at the Court of France, to Mr. Delafaye, Paris, 13th Nov., 1723. N.S. Encloses following received from M. de Morville. ½ p.
739. ii. Declaration of Pierre de Feuil, Master of the Phoenix. Nantes, 9th Oct., 1723 (N.S.). On June 17th, whilst fishing in lat. 46, twelve leagues north of the Bank of Newfoundland, an English man of war of 30 guns ordered him to quit, which he was obliged to do etc. Copy. French. ¾ p.
739. iii. Declaration of André Caillard, Master of the L'Alexis Bien-aimé. Similar to preceding. Copy. French. ¾ p. [C.O. 194, 7. ff. 182, 183, 184, 185, 186v., 187v., 188 v., 189 v.]
Nov. 11.
Bermuda.
740. Lt. Governor Hope to Mr. Popple. Acknowledges letter of 25th July, with the copies of the Laws of Bermuda, which have been distributed etc. (v. Minutes of Council) etc. “The reason of my sending for them, was, that till my arrival this country believ'd that all Acts whatsoever that had been pass'd here since 1691 were in force.” Will send accounts to the Auditor of the Plantations etc. Their Lordships' letter, 27th June is the first orders he has had upon that head etc. Signed, John Hope. Endorsed, Recd. 6th, Read 21st Jan., 1723/4. 2 pp. Enclosed,
740. i. Minutes of Council of Bermuda, as to the distribution of the copies of Acts referred to above. ¾ p. [C.O. 37, 11. ff. 3, 3v., 4, 5v.; and (abstract) 37, 24. p. 17.]
Nov. 11.
Bermuda.
741. Lt. Governor Hope to the Council of Trade and Plantations. Acknowledges letter of 27th June, received on 21st Sept., with queries which shall be answered with all convenient speed. Continues:—But as the postscript is the affair of the greatest consequence etc., I shall acquaint your Lordships that I found it absolutely necessary to send a copy of it to the Assembly whom I had summon'd to meet for that purpose. The result will appear in the copy of their Journals and the four Acts pass'd this meeting, here inclos'd, vizt. (i) An Act to supply the deficiency of the several funds in these Islands, and for the immediate support of the Government, and for repairing the fortifications. (ii) A second additional clause to an Act for vessels paying powder duty. (iii) An Act for the better security of all such as are lawfully possessed of any negroes, etc. (iv)for prolonging and making some alterations to the Act for attaching the goods of any persons inhabitants or others not residing in these Islands. The first is of that consequence, and the title of it leaves so little to be said more, that I hope it will have your Lordps.' approbation, for I must say there is no other method to be fallen upon here for raising a fund to support the Government, but what must be a heavy burden upon the poorer sort of people. The second is to bring us more upon an equality with our neighbouring Plantations; and to make the Act itself effectual, by impow'ring the Collector thereof to measure the vessels if necessary: For it was found that swearing of them to the burthen of their vessels was but an uncertain way of knowing their dimensions. The other two Acts are very much recommended to me by the Council, as necessary for the present constitution of these Islands: and as such I recommend them to your Lordsps. I shall now beg leave once more to sollicite your Lordsps. for the passing of the Act for lessening of the number of Assemblymen, for the reasons given 20th March, as likewise to prevent this little Colony from falling under the vexation of religious differency's, which at present it is very ripe for, but may in a great measure be crush'd by the passing of this Act; for as it reduces that body to the half of the present establishment, so it will bring both parties nearer to an equality; but as the case now stands it is a little ticklish, for two thirds of the Assembly happen to be of an opinion different from what all the Councillors, and all that are in power profess. The first are zealous for Liberty (and particularly) of conscience, and the latter are for the Church; but few of either the one or the other party know anything of the reasons why they differ except the three Parsons, and the Dissenting Minister. My Lords, for my own part, I own I have a great deal of compassion for them both, and I beg your Lordsps. will be pleas'd to take into consideration this Act, and that which I now send for the support of the Governt. etc., for the first time that another fund may happen to be needfull for that purpose whoever happens to be Governor of this place, must dispence with part of his authority (which has been but too much barter'd already) or he must resolve to sit still without money to support the Governmt. or power to manage their divisions. On 2nd Sept. one Mr. Jones a merchant arrived here from London, and upon the next Council day presented me with an Order of the Lords Justices sign'd by Temple Stanyan, repealing the Act for the 5 p. cent. duty mention'd in your Lordsps.' letter. I don't doubt but that it is an authentick copy; but it was directed to nobody, so no manner of notice was taken of it, and it is plain that that copy has been surreptiously obtain'd by him, by the use I find he designs to make of it. I do not find in my Instructions that I can execute any Orders, but such as are transmitted to me by H.M. Secretary of State, or by your Lordsps. But it wou'd not be improper that these Orders of Council should be kept secret till such time as it is thought necessary by the proper Ministers to command them in form, for this very thing will certainly be the occasion of some disturbance here: But I shall do what I think is my duty; and I only beg of your Lordsps. to support me so far as my behaviour is agreeable to my Instructions, and to hear what Mr. Daniel Prevereau the Agent of these Islands has to say upon this subject, which being such a ridiculous story, I did not think proper to give it a place in a letter to your Lordships. Signed, John Hope. Endorsed, Recd. 6th Jan., Read 4th Feb., 1723/4. 5 ½ pp. Enclosed,
742. i. Journal of Assembly of Bermuda, 24th-26th Sept., 1723. Endorsed, Recd. 6th Jan., 1723/4. 5 pp. [C.O. 37, 11. ff. 8–10v., 11v.–14, 15v.; and (abstract, with notes for reply), 37, 24. pp. 17, 18.]
Nov. 11.
Bermuda.
742. Lt. Governor Hope to Lord Carteret. Encloses copy of preceding letter and papers etc. Concludes:—As the last paragraph of my letter is an affair which I presume falls more immediately under the province of H.M. Secretary of State so I beg your Lordship to let me have your orders for my conduct in such cases for the future. Signed, John Hope. Endorsed, R. Feb. 26th, 1723/4. 1 p. Enclosed,
742. i. Duplicate of preceding letter to C. of T. [C.O. 37, 28. Nos. 18, 18. i.]
Nov. 12.
So. Carolina,
Charles
Town.
743. Governor Nicholson to the Council of Trade and Plantations. Encloses duplicates of Oct. 10 and 14th, and Journals of both Houses 1st-5th Oct. etc. Continues : We having not recd. their Excellcys. the Lords Justices repeal of the paper money law they desired to adjourn from Saturday ninth til tomorrow being Wednesday etc. Having not seen the petition to your Lordships about the said bills I will not presume to say much concerning them but upon the report of their being to be destroyed the people are very much alarmed and all trade in danger of being stopt, even some of the few discontented persons here against H.M. Governmt. are concerned about the repeal and say that those they employed in England went beyond their commission and 'tis reported here that they raised £2500 of this country money to be sent to their Agents in England a principal part of which I suppose Esq. Shelton hath gott and then it may be that it will appear that he's the cheat and not I. 'Tis supposed that amongst the laws I have past here he is (in his heart) the most against the first three vizt. for recognizing H.M., the tranquillity act and the tax act which were in order to establish H.M. most just title and sovereignity of this his Province and to keep it in peace and quietness which his the said Shelton's few factious correspondants here would endeavour all they could to oppose and they have lately endeavoured to gett this Assembly dissol'vd in order to put the country into confusion but as they have hitherto failed in their wicked and malicious designes so I hope in God they will always be disappointed and receive no countenance in Great Brittain. Here is an accot. that one Mr. Stephen Goddin (as report goes lately compounded for five shillings in the pound) who reports he hath several thousand pounds owing to him in this country (the truth of which is much question'd) and that his brother Benja. Goddin and Mr. Benja. De la Conseillere here are his correspondents if he is wronged it must be by them, this person they say was one of the principal opposers of the mony bill as likewise one Jacob Satur who setts up for a very great merchant but his contrary charracter is very well known here as likewise his brother who they say owes more than he is worth and if Jacob hath any estate he hath gotten it here for when he came he was very poor and 'tis much wondred at here that the man should pretend to sett up for a Statsmen and to give accot. of this H.M. Province and all this of a suddain when his weak abillitys are so well known here but it's supposed the man hath entred into partnership with few of the discontented and factious here. Returns thanks for letting Mr. Yonge have a copy of the Bahama Company's Memorial. Continues : If I have acted arbitrarily or illegally with submission I think I ought to be tryed at the King's Bench Barr where I hope by the Divine assistance to be able not only to clear myself but also to make it appear how the Bahama Company have been imposed on and if the sd. Compa. have employed knaves and fooles both in Great Brittain and the Islands, I hope I am not to make them reparation for those men's villany. If they have procured any affidavitts agt. me they were taken ex parte especially those here. What I did in those affairs I thought myself obliged to by the oath I took to see the Acts of Trade and Navigation put in suit and I hope that Company (tho' never so great) can't expect that I should forswear myself for them. It is reported that one Esq. Samuel Buck makes it his business to goe up and down in Coffee Houses to exclaim against my proceedings etc. but I have heard that his charracter is not so great in the City of London where he lives as to be made an Alderman and it is reported that once there was a Statute of Bankrupt against him. I think I know some reasons why he should endeavour to gett me turned out of my Governmt., but am sure that no person living could have lawfully done more than I have for the security of the Bahama Islands knowing what great interest it is to Great Brittain and to all H.M. Dominions in America to have those Islands well peopled and secured by fortifications etc. and a lawfull trade managed there, why does not Mr. Buck charge me with all the loss they have meet with in those Islands both with respect to vessells and trade some time or other I may chance to sett the affair of the Bahama Compa. in a true light and then lett all the world judge who are the true friends to the legall trade of Great Brittain and who are the actors and encouragers of the contrary etc. P.S. Encloses Treasurer's accounts. Continues : I was sworne out of my Governmt. of Virginia by some perjured persons and lyed out of that [of] Nova Scotia both which I am able to prove when a fitt opportunity presents and I find that for the like wicked methods some persons have endeavoured to turn me out of this which if they should prevail to do I hope in God I shall not be debarred the benefitts of the laws of my native country to prove the innocency of. Signed, Fr. Nicholson. Endorsed, Recd. 8th Jan., Read 29th Oct., 1724. 3 ½ pp. Enclosed,
743. i. List of following enclosures. Signed and endorsed as preceding. 1 p.
743. ii. (a) Governor Nicholson's Speech to the Assembly of S. Carolina, 7th Nov., 1712, with their reply, 8th Nov. (b) Duplicate of No. 725 ii. The whole endorsed as preceding. 6 pp.
743. iii. Duplicate of No. 725 i.
743. iv, v. Duplicates of No. 725 x, xi.
743. vi. Duplicate of No. 725 iii. [C.O. 5, 359. ff. 84–89v., 90v.–92v., 93v.–94v.; and (abstract) 5, 406. p. 9.]
Nov. 12.
Charles
Town,
So. Carolina.
744. Governor Nicholson to Lord Carteret. This is designed (God willing) by ye Honble. Collo. Robert Johnson, so very well known to your Lordship etc. Refers to former letters relating to affairs relating to his Lordship as Palatine and others the Lords Proprietors (v. 14th Jan., 1722). Continues:—I am heartily sorry to find that your Lordp. were not pleased that I should have H.M. Royall leave to goe for Great Brittain for six months but now Collo. Johnson goes etc. I hope your Lordp. will be pleased that, that lycence may be granted me and when please God I arive in London I shal not fail of paying my duty to your Lordp. and if you don't think proper of my returning hither I shall do as your Lordp. shall please to order etc. P.S. I have just now writ to ye Lords Commrs. for Trade etc. Mr. Yonge will wait upon your Lordp. to give an accot. of our affairs being so writt to by, Signed, Fr. Nicholson. Endorsed, Rd. 6th Jan., 1723/4. 1 ¼ pp. [C.O. 5, 387. No. 40.]
Nov. 12.
Whitehall.
745. Mr. Popple to Mr. West. Encloses, for his opinion in point of law, Act of Virginia for improving the staple of tobacco etc. [C.O. 5, 1365. p. 256.]
Nov. 12.
Whitehall.
746. Mr. Popple to Mr. Shelton. Presses for reply to letter of 29th Aug. 1717, relating to boundary dispute between Virginia and N. Carolina. [C.O. 5, 1365. p. 257.]
Nov. 14.
Whitehall.
747. Mr. Popple to Mr. West. Encloses Act of the Massachusets Bay, 1722, for apportioning and assessing a tax, for his opinion in point of law as soon as may be etc. [C.O. 5, 915. pp. 391, 392.]
Nov. 14.
Whitehall.
748. Council of Trade and Plantations to the Lords Committee of Council. Reply to 14th Aug. Enclose copies of Lt. Gov. Hope's letter and Col. Bennett's affidavit relating to Thomas Brookes. [C.O. 38, 8. pp. 5, 6.]
Nov. 14.
Whitehall.
749. A. Popple to Mr. Burchett. Encloses copy of Mr. Delafaye's letter, 8th Nov., and enquires whether the Admiralty have received any account of that matter. [C.O. 195, 7. p. 97.]
Nov. 15.
Admty.
Office.
750. Mr. Burchett to Mr. Popple. Reply to preceding. Their Lordships have received no account of the abovesaid matter etc. Signed, J. Burchett. Endorsed, Recd. 18th, Read 19th Nov., 1723. Addressed. ½ p. [C.O. 194, 7. ff. 190, 191v.]
Nov. 15.
Charles
Town,
So. Carolina.
751. Governor Nicholson to the Council of Trade and Plantations. The ships being not yet sailed, encloses following, and repeats part of Nov. 12th. Signed, Fr. Nicholson. Endorsed, Recd. 8th Jan., Read 29th Oct., 1724. 1 p. Enclosed,
751. i. List of following enclosures. Signed and endorsed as preceding. 1 p.
751. ii. Duplicate of No. 743 i.
751. iii. Job Rothmahler to Governor Nicholson. At the Carolina Coffee House, 28th Sept., Jacob Satur read to some gentlemen a repeal of the last money bill, then directing himself to me smiled and said this will goe over in the vessel with you etc. Signed, Job Rothmahler. Endorsed as covering letter. Copy. 1 p.
751. iv. Minutes of Council and Assembly, S. Carolina, Nov. 15, 1723. The Assembly addressed H.E. asking to be adjourned until Dec. 2nd, it not being proper to proceed on any more business until the repeal comes. (v. No. iii) etc. Copy. Certified, Wm. Timley, Cl. Conc. Same endorsement. 1 p.
751. v. Duplicate of No. 725 x. [C.O. 5, 359. ff. 95, 96v.–98v., 99v.–102v.; and (abstract) 5, 406. p. 7.]
Nov. 15.
S. Carolina.
752. Council and Assembly of South Carolina to the Council of Trade and Plantations. It is with very great concern that we have been informed from Mr. Yonge that the bill for recoining the paper currency is repeal'd etc., by which an intire stop will be put to the whole currency of this Province, be of the worst consequence to trade, and throw us into the utmost confusion etc. Such a repeal must be grounded on representations of persons in Great Britain, who cannot be acquainted with the necessitys and emergencys of Government, which have occasioned the stamping of those bills. Had we been further heard by your Lordships, the repeal had never happened etc. If it has passed the Lords Justices etc. pray the Board to intercede to H.M. for its reconsideration. We shall take effectual care to pass such laws, as shall sink those bills in proper time, and put the currency upon such a footing, as shall not be disagreeable to the trading interest in Great Britain etc. We are further informed by our Agent that application is making, that all debts contracted in the American Plantations, shall be paid in Proclamation money, this step would inevitably ruin the Province, and would much more affect us than any Plantation in H.M. Territorys, since we are under the misfortune to give vast advance upon the merchts.' goods, at sometimes 900 and sometimes 1000 pr. ct. advance, upon the prime cost, and if those debts were to be paid in Proclamation money, the whole estates of such persons in debt would not satisfy their creditors. We are under no surprize that the merchants in London should endeavour to procure such an order, since their estates must be greatly increas'd, altho' it be at the expence and ruin of many poor familys here etc. Their application for this unhappy repeal is a preparatory introduction to such a destructive order. A repeal of the Plantation laws may be of fatal consequence to such Colonys as fall under that misfortune, without being first heard, therefore if we could meritt so great a favour of your Lordps. as to be allowed to give our reasons for passing such laws before any repeal passes, we should be highly indebted to your Lordps. justice and goodness, and we shall never pass any that we judge shall be prejudicial to trade in general, to the interest of Great Britain or to private persons. It is undoubtedly the right of every English subject to complain whenever he finds himself agrieved, and could we be favour'd with the names of the complainants, we should be enabled to informe your Lordps. whether those persons have any reason for such complaint. Signed, By order of Council in Assembly, Ar. Middleton, P.; In the Lower house of Assembly, Ja. Moore, Speaker. Endorsed, Recd. 6th Feb., Read 29th Oct., 1724. 3 pp. [C.O. 5, 359. ff. 103–104v.; and (abstract) 5, 406. p. 11.]
Nov. 19.
Whitehall.
753. Mr. Popple to Mr. West. Encloses, for his opinion in point of law, Act of Virginia for laying a duty on liquors and slaves. [C.O. 5, 1365. p. 258.]
Nov. 24.
Barbados.
754. Governor Worsley to the Council of Trade and Plantations. Persuant to H.M. Order in Council of 13th Aug., 1722, I have heard the complaint of Sir Richard Davers etc. against four Members of Council etc., and as the complainants offered nothing to make good their charge but what was in the Minutes of Council, I determined as (encl. No. 1). I have also heard Bernard Cook's petition etc. (v. 17th May, 1722 and encl. No. ii). Encloses (i) Act to prevent the dangers which may happen to the inhabitants of this Island, from contageous distempers, brought here by ships, or other vessels, (ii) Act enlarging the time of 24 hours, allowed by a former Act, to persons claiming sugars, molasses, rum, cotton, and ginger seized by the Treasurer, to three whole days, to prove that the goods so seized are the natural product of some of H. M. Collonys, and (iii) An Act that the solemn affirmation and declaration of the people called Quakers, shall be accepted instead of an oath, and for granting them such forms of affirmation, and declaration, as may remove the difficultys many of them lye under. Your Lordships will also find two depositions, concerning several persons taken by pirates, and forced into their service. And an Address of the General Assembly to me, complaining of my Secretary's detaining the original wills, which I ordered him to do, it being the custom in England; and to prevent the dayly inconveniencys that arise from the loss of original wills; The answer I gave to the Members of the Assembly that brought it me, was, that I had done it for the publick good, that I would represent it to H.M., and that as they complained of an extraordinary charge, which my Secretary tells me may be about £20 a year, I would pay it for all those that desired it, till I had had the honour of receiving H.M. commands thereupon. Signed, Henry Worsley. Endorsed, Recd. 6th, Read 7th Jan., 1723/4. 4 pp. Enclosed,
754. i. Governor Worsley to Sir Robt. (sic) Davers, William and John Walker, and Abel Alleyne. Dismisses their petition against John Frere, Thomas Maycock, Guy Ball and Willm. Clarke, Members of H.M. Council. Observes that petitioners shewed a disposition to drop their petition, until required by the Governor's Proclamation to make good their complaint. “It has been proved by the Minutes that the Councillors complained of did give their consent to several Acts of Government which Mr. Lowther was censured for, but as it does not appear that they abetted Mr. Lowther in his proceedings, or acted by their so assenting in disobedience to H.M. commands, or contrary to their best advice and counsel, and as Counsellors enjoy in Council freedom of debate, and vote in all affairs of publick concerne, I do not find they were guilty of any crime by their so voteing and counselling” etc. Endorsed, Recd. 6th Jan., 1723/4. Copy. 1 ½ pp.
754. ii. Copy of proceedings upon Bernard Cooke's petition, 26th Aug. ff., 1723. Complainant being unable to make good his complaint, as his Council agreed, it was dismissed after a full hearing. Endorsed as preceding. 25 ½ pp.
754. iii. Deposition of George Barrow, Master of the sloop Content, and John Jackson, a passenger. Bound from Boston to Barbados, they were captured by a pirate schooner on 27th Oct., about 12 leagues to windward of Barbados, and carried to Tobago, where the pirates plundered their sloop, and forced their mate, John Masters, into their service contrary to his inclinations. 8th Nov. 1723. Signed, George Barrow, John Jackson. Copy. 2 pp.
754. iv. Deposition of John Wickstead, Master of the ship Prince's, Gould St. Blowers, second-mate, John Crawford, surgeon, and Benjamin Flint. A pirate sloop, commanded by George Lowther, seized and plundered their ship, 8th Sept., placing lighted matches between the fingers of Blowers and Crawford to make them discover where the gold was. They detained by force William Gibbons, surgeons mate, and James Sedgwick, carpenters mate, but five others went voluntarily etc. 18th Sept., 1723. Signed, Jno. Wickstead, Gould St. Blowers, Jno. Crawford, Benja. Flint. Nos. iii, iv endorsed, Recd. 6th Jan., 1723/4. Copy. 3 pp.
754. v. Address of the Assembly of Barbados to Governor Worsley. Pray that the originals of wills, after they have been proved, may, according to the ancient practice, be returned to the persons who produced them, the new regulation of detaining them in the Secretary's Office involving executors in the expense of attested copies. Original wills may be as safely kept in the hands of Executors, as in the Secretary's Office, which is frequently removed, and passes through many hands etc. 14th Nov., 1723. Signed, Robt. Warren, Clerk of the Assembly. Endorsed, Recd. 6th Jan., 1723/4. 1 p. [C.O. 28, 18. ff. 1–2v., 3v.–4v., 5v., 7–19v., 21v.–24, 25v., 26, 27v.]
Nov. 25.
Barbados.
755. Governor Worsley to Lord Carteret. Duplicate of preceding covering letter. Endorsed, R. March 12, 1723/4. 5 pp. Enclosed,
755. i. Account of stores of war, Barbados, 1723. Signed, Sam Wadeson. Copy. 1 p. [C.O. 28, 44. Nos. 64, 64. i.]
Nov. 25.
Boston in
N. England.
756. Mr. Willard to Mr. Popple. Acknowledges letter of 4th July. “The extream hast in which I am forced to do every thing (I suppose) occasion'd my omitting the date of my letter etc. I have sent under cover” to Governor Shute Acts and Minutes of Council and Assembly for half yeare ending 31st Aug. etc. Signed, Josiah Willard. Endorsed, Recd. 6th Jan., Read 3rd Sept., 1724. ¾ p. [C.O. 5, 869. ff. 60, 61v.]
[Nov. 25.]757. Treasurer's Accounts of H.M. Revenue of Massachusetts Bay, referred to in preceding. Endorsed, Recd. from Col. Shute, Feb. 6, 1723/4;. 58 pp. [C.O. 5, 869. ff. 156–187v.]
Nov. 25.
Whitehall.
758. Mr. Delafaye to the Council of Trade and Plantations. Encloses following. You are to lay before the Lords Justices a state of the case etc. Signed, Ch. Delafaye. Endorsed, Recd. Read 26th Nov. 1723. 1 p. Enclosed,
758. i. M. Chammorel, the French Secretary, to [?Secretary of State] London, 29/18 Nov., 1723. Encloses following and asks that orders may be given to atone for such violence, which can neither be tolerated nor excused, and to prevent any repetition of it. Signed, Chammorel. Copy. French. ¾ p.
758. ii. Deposition of Estienne le Roy, Master of the St. René de Pornie, 19th Oct., 1723. On 15th June, an English man of war of 28 guns ordered him to leave his fishing station on the Bank of Newfoundland, and fired a shot at him. Deponent returned to the Bank later without seeing her again. Copy. French. ¾ p. [C.O. 194, 7. ff. 197, 198, 199, 202v.]
Nov. 26.
Whitehall.
759. Council of Trade and Plantations to the Lords Justices. Reply to Nov. 8. The Admiralty have received no account of that matter from the Commodore on the Newfoundland station, and he being not yet returned, we must await his arrival etc. [C.O. 195, 7. pp. 99, 100.]
Nov. 26.760. Mr. West to the Council of Trade and Plantations. I have been attended by all the parties concerned etc., and have no objection to the Act of Jamaica to enable the trustees of William and Charles Bowles, etc. Signed, Richd. West. Endorsed, Recd. 27th Nov., Read 5th Dec. 1723. ¾ p. [C.O. 137, 14. ff. 252, 253v.]
Nov. 26.761. Same to Same. Report upon Acts of New York, 1722. The intention of the Act for the more effectuall prohibiting of the selling Indian goods to the French is just and reasonable, yet the means proposed are not proper to be passed into law, since they do not only impose a penalty upon the persons offending, but impower a great many persons particularly mentioned in the Act to administer a certain form of an oath therein mentioned at large to any persons whom any one of the said officers shall suspect of carrying on any trade with the French, and I think it very extraordinary that no previous accusation upon oath or otherwise of the party supposed to be guilty is made necessary before the administration of the oath, but it is left entirely to the discretion, ill will or malice of the persons who are impowered to administer the same. The oath seems to be exactly the same with the oath ex officio. By which the parties are obliged either to accuse themselves (which is unjust) or else to be under the greatest temptation of perjury etc. Any person refusing to take the oath is ipso facto to be adjudged convict of haveing traded with the subjects of the French King, and be immediately committed to the common goal until he has paid the penalty of £100 etc.
Apart from one or two minor defects has no objection to the other laws, but observes that, several refer to other Acts formerly passed in the same Province, “which I suppose have been confirmed by the Crown, and therefore I submitt to your Lordshipps whether any acts passed in the West Indies referring to any former laws ought not to mention in their recitealls whether they have or have not been confirmed, since otherwise it may sometimes happen that an act may by such a referrence be revived or continued in force which at first was perhapps not thought fitt to be passed into law.” Signed, Richd. West. Endorsed, Recd. 27th Nov., 1723. Read 5th May, 1725. 5 pp. [C.O. 5, 1053. ff. 318–320, 321v.]
Nov. 27.762. Petition of the Mayor and other inhabitants of Philadelphia to the House of Representatives of Pennsylvania. Petitioners being informed that an Act is about to be passed for emitting £30,000 more of paper currency, pray that a proviso may be added excepting all sums due to the King, the Proprietary, H.M. subjects in Great Britain and to orphans and minors, and that all such debts be paid in sterling etc. Signed, Clement Plumsted, Isaac Norris, Robert Asheton, Hugh Graham, Israel Pemberton, Geo. McCall, Samuell Hassell, John Moor, Wm. Allen, Geo. Claypoole. Overleaf,
762. i. The above petition was read but not taken further notice of, etc. Signed, Clemt. Plumsted, Mayor. 27th Dec., 1723. Endorsed, Recd. (from Mr. Gee) 29th March, Read 26th April, 1726. Copy. 1 1 1/88 pp. [C.O. 5, 1266. ff. 208, 208v.]
Nov. 27.
Whitehall.
763. A. Popple to Mr. Burchett. Encloses copy of letter from Mr. Chamorel (v. Nov. 25) and enquires whether the Admiralty have received any account of that matter. If not, the Council of Trade and Plantations desire to speak with the Commodore of the Newfoundland Convoy on his return etc. [C.O. 195, 7. pp. 100, 101.]
Nov. 27.
Whitehall.
764. Same to Rev. Mr. Gordon. Reply to 8th July. I am to desire you will let me have by the first opportunity what you may have to offer in relation to the Act of Jamaica referred to (for resettling Pero Plantation) etc. [C.O. 138, 16. pp. 458, 459.]
Nov. 27.
Whitehall.
765. Same to————Banks. Asks what he has to offer against Mr. Gordon's claim (v. preceding and 8th July). [C.O. 138, 16. p. 460.]
Nov. 28.766. Governor Philipps to the Council of Trade and Plantations. Encloses following, “the Session of Parliament approaching when I hope that by the meanes of your Lordships representation, some steps will be made toward the security and settlement of that country,” etc. Signed, R. Philipps. Endorsed, Recd. 29th Nov., Read 17th Dec., 1723. 2 pp. Enclosed,
766. i. Same to Same. Report upon the situation and state of H.M. Province of Nova Scotia. That Province is situated in the Latitude of 45 degrees, having on the West New England, on the North and N.Et. the River of Canada, on the East, Cape Breton, and is bounded on the South by the ocean. The soil is generally rich, exceeding that of New England and productive of all kinds of necessaries for life, and materials for naval stores. Its coasts abound with cod fish, herring and mackerel, and the rivers with salmon. The extent is computed to be 300 leagues etc. Upon the isthmus (which joins the East and West parts of the Province and is in bredth six to twelve leagues) most of the French inhabitants have their settlements. These are divided into four Colonies, in number about 500 families, besides another settlement of 100 families about Anapolis Royal. Describes fort and garrison of Anapolis Royal, (five companies amounting to 200 men, and 10 or 12 English families), and the country to Cape Sables, and thence to Canso, which “will infallibly, if incouraged with the protection of the Government become the most considerable of any port in America” etc. On the North side of Canso Harbour is the Bay of Shedeboveto, so call'd from the harbour which lies in the bosom of the same, which from being extreemly beautiful and pleasant, has lately obtain'd the name of Milford Haven. Here is a most agreeable situation for a settlement, convenient for building of vessels, on the banks whereof all such materials are to be found in great plenty, etc. Describes Gut of Canso, or the passage of Fronsac, from which one enters another small bay, in the bottom of which is the general rendezvous of the Indians at certain seasons, and the residence of their Missionary, where he has a chappel richly furnish'd in a delightfull country. The point of land which forms this Bay to the Northward is call'd Cape St. Lewis, which when weather'd, a westerly course leads along the coast into Bay Vert. By this way, those French inhabitants [of the Isthmus] drive a clandestine trade with Cape Breton, wither they convey most of the yearly produce of chattle and corn, in exchange for the manufactures of France. In this Bay lies the large Island of St. John's, which is now settling with inhabitants transported from Old France, tho' their title to it when examin'd by the Treaty, will be found precarious. What is further wanting to a perfect description of the East Division, usefull to Mariners, is an exact survey of the several harbours and bearings of land to direct their entrance, which is a work in hand and had been now near finish'd, had it not been diverted by the breaking out of the Indians etc. The coast of the West division of the Province from the Bay of Fundy to the confines of New England having never been survey'd, and known only by a few sloops, trading between Boston and Anapolis Royal, any discription thereof will be imperfect, nor will it be very material till the East Division shal be first settled, which is better situated for trade: only thus far it is known, to have many good harbours, and quantities of good timber in many parts, particularly of masting for the largest ships, which growing near the water, may be furnished to the Navy vastly cheaper than what are now brought from New England. The present state of the Province stands thus vizt. The French who are settled on the Isthmus and the River of Anapolis Royal are the old inhabitants greatly multiply'd since the surrender of the Province, at which time it was stipulated in their behalf, to have their choice either to remain if they would transfer their allegiance, or to dispose of their estates and effects etc. To determine which, one year's time was allow'd them but at the expiration thereof finding their new masters in no condition to oblige them to the observance of one or the other, they have remain'd upon their possessions in contempt of the Government, waiting the opportunity of a rupture between the two Crowns to re-establish their former Government, and in the mean time are dayly, in secret, inciting the Indians to robbery and murder, to the destruction of trade and hindrance of settling the country. They are seated on a fertile soil, and raise great store of corn and cattle, with which, and their furrs, they traffick at pleasure with the neighbouring French Colonies at Cape Breton, and Islands St. Johns, and have refused supplies to the Garrisons in the greatest necessity. The Fort of Annapolis Royal is quite gone to decay, more than one third of the ramparts being at this time level with the ground, and the garrison exposed to the danger of being surprised by the enemy without, and of being buried in the ruins of their barracks within. A thorough repair thereof is, by no means, advisable, in regard that a new fort of a smaller dimension may be built at less expence etc. Canso has no other defence but what the Governour has made at his own charge etc. It being part of the Governour's Instructions, that no land shall be given away etc. till by a general survey a certain number of acres of the best wood lands be mark'd out for H.M. service. The settling that Province cannot commence before that commission be executed etc. Another very unhappy circumstance, is from the want of ways and means, for raising the least supply (tho' it were but a shilling) and the safety of the Government depended upon it, in which case, the person intrusted with the administration must, thro' necessity, be inactive, or if he disburses his own money, or pawns his credit in the service, he becomes an unthank'd sollicitor. Remedies proposed. (i) That a Fort be built on the Isthmus to cut of the communication between our French inhabitants and the neighbouring French Colonies, which will subject them at all times to obedience, and is humbly presumed to bee better policy than by driving them out to strengthen the French Colonies etc., or that fort will be a sufficient protection to such of H.M. subjects as shal settle in their room: and in either case, the expence may be made good, by raising a tax on the people, if they stay; or selling their improved lands if they remove. (ii) That a Fort be built at Canso, both for a frontier post against Cape Breton, where the French are making themselves exceedingly strong, and a protection to that Fishery, which has already paid the charge it will cost in the returns home of the fish exported these last three years from thence. (iii) The fort at Anapolis Royal to be new built, but lessen'd to contain half the present garrison. 200 men will be needed for the fort on the Isthmus, 200 for Canso and 100 for Anapolis Royal, of which the 9 companies now there make 360 etc. (iv) That a Surveyor be commission'd etc. (v) That a provission, by way of contingent money, may be appropriated, as to other Governments, for necessary services, till such time as the Province shal be able to raise funds within itsself for its own support, etc. Asks for payment of disbursements already made, particularly, the charge of building a vessel for the Government etc. Signed, R. Philipps. 11 pp. [C.O. 217, 4. ff. 195–200, 203, 203v., 204v.]
[Nov. 28.]767. The Case of the Proprietors of South Carolina. The present Governours are, Lord Carteret, Palatine, Duke of Beaufort, Lord Craven, Mr. Ashley, Mr. Bertie, Sir Jno. Colleton, Mr. Danson, Mr. Blake, They have been in quiet possession of this Colony from 1660 to 1720 continually appointing the Governours and all other officers, etc. About 1720 there being then very great arrears of quit rent due to the Proprietors, some of the most turbulent and inferiour inhabitants to avoid the payment of those rents took upon them to caball together, and rise in rebellion, and by force turned out their Governour etc. Those who took possession of the Government sent a representation to the King in Council, at a time when Lord Carteret the Palatine was in H.M. service in Sweden, but in his absence the rest of the Proprietors applyed to be heard, it being then insinuated they had forfeited their Charter, and severall idle, frivolous and groundless suggestions were, on behalf of the rebells, insisted upon, tho' not any one of them at that time or since have been made appear to be true, nor was there the least foundation for such complaints. Pending this matter it was thought necessary that the King should appoint Mr. Nicholson as a provisionall Governour in order to have a true inquiry made into the state of affairs in that Province. The Governour upon his arrivall there, instead of applying himself to know the true state of the case between the Proprietors and the People, entered upon and executed his Government in the most arbitrary and injurious manner, not only with respect to the Proprietors, but to all the inhabitants and traders to that Province; First, by altering the method of the Assembly, and turning the principal inhabitants out of the Councell, by comitting the cheif Officer and others of H.M. Customes and many of his good subjects to prison, and setting upon them unreasonable fines, only for not joining with him in his unwarrantable proceedings, by which some lost their lives, by preventing great numbers of letters to merchants, and principall inhabitants there, from being delivered, till he had first perus'd them, and the like practice upon letters sent from them, and among other letters directed by the officers of the Admiralty and Customes there, to their principalls here. By creating a new Corporation, and setting up a paper credit to the value of £57,000, and compelling the merchants and traders to accept their debts in that specie, when they were more than 60 per cent. discount and by removing the old Courts of Justice and setting up new ones never before heard off, and by many other acts of violence and oppression, which have been condemned there by the Lords, the Lords Commrs. of Trade, and complained off by the Lords of the Admiralty and Commrs. of the Customes. Matters being under this scituation the Proprietors applyed to Lord Carteret, Secretary of State, to be redressed, not only with respect to their own properties, but also for the ease of the inhabitants, which the Proprietors are ready to make easy in every particular, many of them having represented that they must leave the country, if this Governour is not recalled and their injurys redressed, by which means the Province will be depopulated and consequently H.M. Customes entirely lost, which at present are reputed to be £50,000 pr. ann. But my Lord Carterett's engagement in the more weighty affairs of his office prevented him while in England to think of measures proper for this occasion. And since he was at Hannover, the Duke of Beaufort, Lord Craven, Mr. Ashley, Mr. Bertie and Sr. John Colleton in the most respectfull manner writt to his Lordshipp to remind him of these grievances, but they have not yet had the honour of any answer, tho' it is publickly talked of by the persons trading to that Province, that the Governour declares his earnest desire to be called home, and it is publickly talked of by severall Gentlemen that are applying to succeed him. The Proprietors therefore, in absence of Lord Carteret, humbly lay this case before the present Secretary of State residing in England etc. Urge recalling of present Governour “and giving the Proprietors opportunity to clear themselves of the charges made against them by allowing them the liberty, which they have enjoyed for sixty years past, of nominating a Governour” etc. Endorsed, In Mr. Bertie's to Mr. Walpole of Nov. 28. Rd. of Ld. Carteret, Jan. 6th. 1 ¾ pp. [C.O. 5, 387. No. 41.]
Nov. 29.
Whitehall.
768. A. Popple to Mr. West. Encloses Act of Barbados, 1723, for laying a duty on wines etc. imported etc., for his opinion thereupon in point of law. [C.O. 29, 14. pp. 379.]
Nov. 30.
Whitehall.
769. Same to Same. Encloses, for his opinion in point of law, 34 Acts passed in Virginia, 1720, 1722 and 1723 (enumerated). [C.O. 5, 1365. pp. 258–264.]
Nov. 30.
770. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to letter of Feb. 14. We are of opinion that by the [New Jersey] Charter (v. C.S.P. 12th Dec., 1722) only the base mines passed to the Grantees, and the words of the grant are not sufficient to carry Royal mines, the property whereof still remains in the Crown etc. But we have not heard the Proprietors upon the subject etc. Signed, Rob. Raymond, P. Yorke. Endorsed, Recd. 3rd Dec., 1723, Read 2nd July, 1724. 1 ½ pp. Enclosed,
770. i. Extract of Governor Burnet's letter, 12th Dec., 1722. [C.O. 5, 972. ff. 85–88,, 89v. 90v.]