America and West Indies: May 1724

Calendar of State Papers Colonial, America and West Indies: Volume 34, 1724-1725. Originally published by His Majesty's Stationery Office, London, 1936.

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'America and West Indies: May 1724 ', in Calendar of State Papers Colonial, America and West Indies: Volume 34, 1724-1725, (London, 1936) pp. 86-105. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol34/pp86-105 [accessed 4 May 2024]

May 1724

May 1. 156. Petition of Anthony Sanderson to the Council of Trade and Plantations. Petitioner was appointed Agent to the Assembly of the Massachusets Bay in 1722 etc. Mr. Popple has informed him with your Lordships' pleasure that no clerk in your Lordships' service should Act as Agent to any of the Governments abroad. Petitioner has been employed in this Office for near 15 years with a small salary, and as there are Clerks in other Offices permitted to act as Agents, prays to be permitted to act as Agent for the said Assembly in other offices, or at least till the affair of Col. Shute and the Assembly shall come to a conclusion etc. Endorsed, Recd. Read 1st May 1724. 1 1/2 pp. [C.O. 388, 78. ff. 85, 85?., 86?.]
May 4. 157. Mr. West to the Council of Trade and Plantations. Report upon Act of Barbados to raise a levy etc. Discusses at length and concludes there is no objection to its being passed. Signed, Richd. West. Endorsed, Reed. 4th, Read 5th May, 1724. 2 1/2 pp. [C.O. 28, 18. ff. 60–61?.]
May 5. 158. H.M. warrant appointing James Dottin, Councillor of Barbados, in place of William Dottin decd. Countersigned, Holles Newcastle. Copy. [C.O. 324, 35. p. 70.]
May 5.
Whitehall.		 159. Mr. Popple to Anthony Balam. Requests a return of imports and exports of sugar and tobacco Christmas 1702–1722, distinguishing exports from the several Plantations etc. [C.O. 389, 28. p. 150.]
May 5.
Charles
Town.		 160. Governor Nicholson to the Council of Trade and Plantations. This is designed (God willing) by the Honble. Collo. John Fenwick, by whom I also send a box containing the laws, with journalls of both Houses of our Assembly. This Gent. hath a very good charrecter in all respects, is Collo. of one of our Regiments of Foot and esteemed a man of very good courage and conduct having (when this country was invaded) commanded the party of English that beat those Frenchmen that landed to the northward of this place; He is one of the principal members of our Commons House of Assembly; one of the Assistant Judges of H.M. Supream Court of Pleas here and very well affected to H.M. Government but having been for some time afflicted with the phthisick etc. makes him undertake this voyage etc. Refers them to him "for a just and full account of our affairs, being (as with humble submission I think) a person very well qualified so to do, and very much better than some few in Great Brittain and here who greatly pretend and very much boast of what they can do and what creditt is given to them" etc. Continues:—I am also in hopes that no objection will be made to any of the Acts. The Act for keeping and maintaining a watch in Charles Town (with humble submission I think) contains reasons for its justification and that without it we in this place must be in the utmost confusion as in the primative state of Nature every one doing what is right in his own eyes and dayly and nightly suffering mischiefs and insults both from the inhabitants and seafaring people. The Act for regulating the guard for Johnson's Fort will be a means (I hope) for its much better regualation than hitherto it hath been under. The good effects of the several Acts for settling the pillotage we already find by a better mannagement and greater application of the pilotts than it hath hitherto had. The Act for the better regulating the Indian trade I hope will have the like good effect the Honble. Collo. George Chicken (who succeeds ye late Collo. Moore in the office of Comiconr. for Indian affairs and supervising the garrisons) was to goe yesterday with my order to visitt Fort Moore and the Pallachucola Fort and I hope will return by ye 19th instant the time of the sitting of ye Assembly. The Act for the better security of this H.M. Province. (I hope) will cause people to travel better armed in times of publick meetings when nigroes might take the better opportunity against great numbers of unarmed men. The Act appointing Comissrs. to receive the money due on bonds etc. hath already had very good effects as your Lordps. may please to see by the Commissrs. return made to me. The Act for joyning and annexing the ferry path is for the conveniency of all passengers using the same. The three aditional Acts vizt. to ye Watch Act, to ye Act for appointing a Comiconr. to manage the affair of the Indians and to that to appoint Commrs. to receive etc., we all thought absolutely necessary. Refers to enclosures. Concludes: We have several ships and vessells here now loading but I suppose some of the principall of them will endeavour to gett over the barr the next spring tide which begins ye 11th instant. We expects some more ships and vessells and (God willing) I hope they will be all loaded and gone the 24th of June next etc. Signed, Fr. Nicholson. Endorsed, Reed. 24th June, Read 29th Oct., 1724. 2 3/4 pp. Enclosed,
160. i. List of enclosures. Signed and endorsed as preceding. 1 p.
160. ii. (a) Governor Nicholson's Additional Instructions relating to private Acts. ?. 23rd July, 1723. Copy. 1 1/4 pp.
160. ii. (b) Governor Nicholson's Message to the Assembly, 26th March, 1724. Communicates above Instruction etc. Copy. 1/2 p. The whole endorsed as covering letter.
160. iii. Proclamation proroguing the Assembly to 19th May. Charles Town, 29th April, 1724. Signed, Fr. Nicholson. Same endorsement. Copy. 1 p.
160. iv. Account of £4944 15s. bills received and burnt by the Commissioners for receiving money due on bonds etc. Signed, Char. Hart, Andrew Allen, Robt. Tradd. Same endorsement. Copy. 1 p.
160. v. Commissioners for printing bills etc. to Governor Nicholson. 24th April, 1724. There has been burnt by a Committee of both Houses £49,045 of the old bills, and there is now ready to be burnt £3070 more, and we have ready to exchange about £4000. Signed, Will. Dry, H. Houser, T. Hepworth. Same endorsement. Copy. 1 p. [C.O. 5, 359. ff. 190–197?.; and (abstract of covering letter), 5, 406. p. 16.]
May 6. 161. Petition of Col. Vetch, in behalf of himself and others, to the Council of Trade and Plantations. Upon the Order in Council, April 17th, prays that a short day may be appointed for hearing the petitioners. Endorsed, Reed. 6th, Read 13th May, 1724. 3/4 p.[C.O. 217, 4. ff. 245, 246?.]
May 6.
London.		 162. Memorial of Merchants of London trading to and concerned in Barbados to the Council of Trade and Plantations. Petition against Act to raise a levy and establish a method to supply the want of cash etc. A similar Act was laid before the Board and objected to in 1706. This is no less injurious to the creditors of the Island. By forcing on us a paper credit of notes for the payment of debts due to us on bonds, judgments, etc., already given, it assumes a power never yet attempted by the Legislature of this Kingdom. The former paper money was at 40 p.c. discount, and the merchants, in order to clear their hands of them, were obliged to lend them on indifferent security, and made many bad debts thereby. If this Act should pass, the money now left in the Island will be wholly lockt up etc. Apart from other particulars contrary to the laws of this Kingdom and the trade thereof and the welfare of that Island, etc. we beg leave to observe that by this Act it is made felony for any person to counterfeit any of the bills of credit, which is so far just, but the Treasurer, in case he shall make ever so many bills more than are appointed by the Act, incurs no other penalty than to receive them back again, nor is there security that a Treasurer shall not coin more bills than he is able to satisfy etc. Conclude: A forced paper credit cannot be of any real advantage to that Island, for by forcing of paper, the money now remaining there, will be no more seen, trade will decay, and provisions become scarce and dear, which were the consequences of the former paper credit. 42 signatures. Endorsed, Recd. Read 7th May, 1724. 2 pp. [C.O. 28, 18. ff. 62, 62?., 63?.]
May 6.
Whitehall.		 163. Council of Trade and Plantations to the King. Propose repeal of Act of the Massachusetts Bay, 1723, apportioning and assessing a tax of £6205 15s. 7 1/2d. "By which Act, a tax is laid in express terms upon the inhabitants of Dartmouth and Tiverton for the support of a Presbyterian, whom they call an Orthodox Minister, which falls almost entirely upon the Quakers, there being very few inhabitants of any other persuasion in those two towns; But as by the Charter granted to this Province, a free and absolute liberty of conscience to all Christians, except Papists, was intended to have been their foundation and support. And as by several laws pass'd there, it seems to have been laid down as a just and equitable rule, that the majority of each town or congregation shou'd have the choice of their own teacher, wee cannot see why the Quakers should be refused this liberty in the towns where they are so great a majority, and be obliged to maintain a teacher of a different persuasion." [C.O. 5, 915. pp. 400–402.]
May 7. 164. Proposals for the form of grant and scheme of Government for the settlement between Nova Scotia and Maine (?. April 17th). Signed, by Order of the Petitioners (i.e. W. West, etc.) William Birkhead. Endorsed, Recd. Read 12th May, 1724. 12 pp. [C O. 217, 4. ff. 232–237?., 240?.]
May 7.
Whitehall.		 165. Council of Trade and Plantations to the Lords of the Treasury. The new Office now fitting up for this Board, being remote from the Cockpit and the other Offices settled there, and consequently not sufficiently secured from fire, robbery or other accidents, it will be very necessary for H.M. service, that upon our removal from hence, we should have another Officer added to our Establishments, in quality of Porter, who may constantly attend there, and take charge of our Office. We would therefore intreat your Lordships to obtain H.M. Orders for the appointment of such an Officer, at a salary of £40 pr. annum to commence from Midsummer Day next, by which time we presume, we may remove to our new office. [C.O. 389, 37. pp. 236, 237.]
May 7.
Whitehall.		 166. Mr. Popple to Mr. Burchett. Encloses extract of Governor Worsley's letter (March 3) relating to Capt. Cooper, for the information of the Admiralty. [C O. 29, 14. p. 398.]
May 12.
Boston.		 167. Address of Lt. Governor Dummer to the King. Recommends for H.M. pardon Wm. Taylor and Wm. Phillips, two pirates, for whom extenuating circumstances were found when two others were condemned and executed, 12th May. They were members of a piratical crew, some of whom threw the Captain, boatswain, and gunner overboard and brought the rest to justice etc. Signed, Wm. Dummer. 2 pp. [C.O. 5, 10. No. 181.]
May 12. 168. Petition of Arthur Savage to the King. Petitioner has acted as Secretary of Nova Scotia for several years, by commission from the Governor, but has received no pay, nor perquisites to the amount of the paper expended etc. Prays for H.M. Commission for that office. Signed, Arthur Savage. 1 p. [C O. 217, 31. No. 23.]
May 12.
Whitehall.		 169. Mr. Popple to Richard Harris. Encloses "the several queries mentioned to you this morning at the Board relating to the Sugar Trade for the answers of the gentlemen contracting to or concern'd in Jamaica" etc. Requests his attendance with replies that day fortnight. Mem.: A like letter was writ to Mr. Wm. Tryon and Mr. Newport for Barbados, and to Mr. Gerrish for the Leeward Islands. [C. O. 389, 28. p. 152.]
May 12.
Whitehall.		 170. Mr. Popple to Richard Shelton. Repeats enquiry of 12th Nov. 1723, as to the sentiments of the Lords Proprietors of Carolina upon the proposal for settling the disputed boundary with Virginia. [C.O. 5, 1293. p. 337.]
May 12.
St. James's.		 171. Order of King in Council. Appointing Peter Soulegre to the Council of St. Christophers. Signed, Robert Hales. Endorsed, Recd. 2nd June, Read 22nd July, 1724. 1 p. [C.O. 152, 14. ff. 256, 257?.]
May 12.
St. James's.		 172. Order of King in Council. Referring representation of 24th April upon Acts of Montserrat and St. Christophers, to a Committee of the Council. Signed and endorsed as preceding. 3/4 p [C.O. 152, 14. ff. 258, 259?.]
May 12.
St. James's.		 173. Order of King in Council. Referring to a Committee Representation (6th May) on Act of Massachusetts Bay for apportioning a tax etc. Signed, Robert Hales. Endorsed, Recd. 2nd June, Read 22nd July, 1724. 1 p. [C.O. 5, 869. ff. 17, 18?.]
May 12.
St. James's.		 174. Order of King in Council. Referring Act of S. Carolina for vesting the Governor's house, etc., and representation of 30th April thereon to a Committee of the Council. Signed, Robert Hales. Endorsed, Recd. 2nd June, Read 22nd July, 1724. 1 p. [C.O. 5, 359. ff. 29, 30?.]
May 12.
New York.		 175. Governor Burnet to the Council of Trade and Plantations. Explains Act of New Jersey for additional support of Government and making current £40,000 in bills of credit for that and other purposes mentioned therein, and urges the benefit of a paper currency. The Act is to take effect immediately. Encloses three other Acts and the printed Acts etc. Set out, N. J. Archives, 1st Ser. V. 86. Signed, W. Burnet. Endorsed, Recd. 4th July, 1724, Read 12th May, 1726. 15 pp. Enclosed,
175. i. Method of issuing, applying and sinking the bills referred to in preceding. Endorsed, Recd. 4th July, 1724 2 pp.
175. ii. Further reasons for passing above Act. (i) The paper currency in New York and Pennsylvania. (ii) For want of a proper tender debtors have been driven deeper and deeper into debt, the lawyers' fees being more than all the debts that were for some time recovered. In one small county nearly 300 actions were commenced the year before the bills were made current, and only five actions in one Court since. (iii) It has enabled business to expand, traders before not being able to get the money oweing to them. Now they are beginning to build vessels to trade with in the West Indies and bring back gold and silver etc. (iv) The new money has enabled many to set about draining of swamps (of which Jersey has a great many) fit for hemp, and the bent of the people is now very much upon that manufacture. (v) Above 1/4 of the exportation of New York and Pennsylvania is of the growth of Jersey, which ought therefore to have paper currency in proportion to that of those provinces etc. Endorsed as preceding. 2 1/4 pp. [C.O. 5, 972. ff. 91–98?., 99?.–102?.]
May 13.
Whitehall.		 176. Duke of Newcastle to Governor Burnet. Monsr. Chammorel, the French Secretary here, having represented, that the Sieur Couturier hath been unjustly seized and detained by the Govr. of S. Carolina in his passage through that country homewards from the French Plantations, and that among other hardships he hath been obliged by the said Governor to sell two slaves whom he was bringing home; the King hath been pleased to order an enquiry to be made into the truth and grounds of the several matters of complaint. But in regard it will be a considerable time before the necessary informations concerning the same can be transmitted hither from Carolina, the sd. Monsr. Chammorel hath requested that in the meantime the two slaves abovementioned may be delivered back to the said Sieur Couturier, he paying back the price which he recd. for them in South Carolina. The King etc. hath judged it reasonable that the said slaves who were transported from Carolina to New York and are supposed to be at present in the possession of some person in that Province should be delivered to the said Sieur Couturier upon the condition abovementioned, etc. In case Couturier shall apply to you in that behalf, you are to give the necessary directions. P.S. You are to be satisfied that the two slaves are the same who were sold by him in Carolina. Signed, Holies Newcastle. [C.O. 324, 35. pp. 71, 72.]
May 14.
Admty. Office.		 177. Mr. Burchett to Mr. Popple. In reply to 7th instant, encloses following. Concludes:—Captain Cooper hath Instructions, (as all others have who are station'd at the Plantations), to advise and consult with the Governour and Council, in all matters relating to his proceeding with the ship under his command. Signed, J. Burchett. Endorsed, Recd. 16th May, Read 11th Augt., 1724. ¾ p. Enclosed,
177. i. Extract of letter from Capt. Cooper to Mr. Burchett. Carlile Bay, 4th March, 1723 (4). As often as occasion has required I have signifyed my Instructions to His Excellency, wherein I am commanded to consult and advise with the Governor and Councell for the service of the Colony, but he refuses to admit me upon any consideration to consult and advise with him etc. 1 3/4 pp. [C.O. 28, 18. ff. 102, 103, 103?., 105?.]
[May 15.] 178. Arthur Savage to Mr. Delafaye. Prays that his commission of Secretary for the garrison of Annapolis Royal may be signed by H.M. His present commission is only signed by Governor Philipps, who for that reason receives the full pay, etc. Prays that this petition may be preferred to his former one. Signed, Arthur Savage. 2 1/4 pp. Endorsed, R. 15 May, 1724. 2 1/8 pp. [C.O. 217, 38. No. 6.]
May 15.
Whitehall.		 179. Council of Trade and Plantations to Governor Hart. Acknowledge letters of 8th June and 3rd and 11th Dec. Continue: We take this opportunity of congratulating you upon your recovery etc. We are glad to hear that Captain Brand and Capt. Orm have done their duty so well in pursuit of the pirates, and hope they will not only continue so to do, but that the other Commanders of H.M. ships of war in the West Indies will follow their example. Enclose General Hamilton's Commissions for trying and pardoning pirates etc., tho we take it for granted you had sufficient authority to proceed to the tryal of those pirates taken by Capt. Orm, upon the record of those Comms. enter'd in the Secry's. Office. We have read the Minutes of Council and Assembly of Antigua in April and May, 1723; as also what you write etc. in relation to the Conference upon the bill proposed for making an additional settlement upon you etc. We cannot but approve your conduct therein, and are very glad to find that after their dissolution, the new Assembly were more dispos'd to do their duty. We have receiv'd the Minutes of Council in Assembly of Nevis from 8th March to 27th Sept. 1721/2, as also the Minutes of Assembly of Antigua from 23rd April, 1722 to 28th June, 1723, and have read your reasons for not being able as yet to procure the Minutes of Council and Assembly of the other Islands, but as this is a matter of private dispute between the principals and their deputies, we don't think it proper to lay it before the King in the manner you desire; But at the same time we must inform you, that we don't think it a sufficient excuse, for not sending copies of the said Minutes, according to H.M. Instructions, which we expect you should see punctually obey'd. We have consider'd what you write in relation to the behaviour of the Assembly of Nevis, and are sorry to find them so ill disposed. However, we think you have done very well to support the dignity of your post, and the King's Prerogative in your transactions with them, and hope in time they may be brought to a better temper. As to your proposal of uniting the Council and Assembly of St. Xtophers and Nevis, it will require further consideration, being so material an alteration in the Constitution of those Islands. We have receiv'd the two Acts pass'd at Antigua, one, for laying a duty of one hd. of pistol powder on the tonnage of shipping, and the other, to prevent excessive and deceitful gaming, and shall in a short time consider the same. We have sent the Address of the Council and Assembly of St. Xtophers etc. to be laid before H.M. We have also recommended to H.M. Major Soulegre to supply the place of Mr. George Milward in the Council of St. Xtophers, and H.M. has been graciously pleas'd to approve thereof. Upon considering the draught of a bill, you transmitted to us, pass'd the Assembly of Antigua, to make a provision for your better support etc., we have represented your case to H.M., and so soon as we shall receive H.M. directions, you shall hear further from us on this head, which we hope will prove to your satisfaction. [C.O. 153, 14. pp. 147–151.]
May 15.
Whitehall.		 180. Council of Trade and Plantations to Lt. Governor Hope. Acknowledge letters of 27th April, 4th and 30th July, and 11th Nov., 1723, and 14th Jan. last. Continue: We are sorry to find that there have been such neglects in the acct. of powder, but we hope that by your prudent management and care, the accots. will be better kept for the future. We have recommended Capt. Rayner for the Council etc. and H.M. has been graciously pleased to appoint him etc. We have now under our consideration the four Acts which you sent us 11th Nov. last, and we shall in a short time report our opinion thereon to H.M., but upon this occasion we must inform you, that no Act whatsoever which lays any duty upon the importation of European goods will meet with approbation at home. As to the Act for lessening the number of the Assembly, you have already receiv'd our sentiments therein (?. 2nd April); but if the passing an Act of this nature, not lyable to the objections we have made to this, would effectually contribute to the quieting of religious differences amongst H.M. subjects under your Government, or produce any other good effect for the benefit of the island, sufficient to justifye such an alteration in the Constitution, it might probably admit of a different consideration. With respect to the Order of Council for repealing the Act for laying a duty of 5 p.c. on dry goods etc. we must observe that you are to obey the directions given you by orders of Council, in whatsoever manner sent you, and we hope that for the future you will make no difficulty of putting the same in execution without delay. We have received your answers to our queries etc. (14th Jan.), and return you thanks for having been so particular in them. But as it is very probable that alterations may happen in the present state of the Colony, so we must desire you from time to time to give us notice of them. We are sorry to find by your letter that the inhabitants of your Islands deal so much with the pirates. But we hope, you will use your utmost care to discourage their trading with them, and to destroy those people who act contrary to the Law of Nations and to the good of mankind. We observe what you write in relation to the Revenue, but think, it ought not to be misapplyed in carrying on law-suits for the benefit of private persons, and therefore recommend to your care the applying publick mony to publick uses only. So we bid you heartily farewell etc. [C.O. 38, 8. pp. 18–22.]
May 16.
St.
Christophers.		 181. Governor Hart to the Council of Trade and Plantations. Refers to letter of 25th March. Continues: Since which I have nothing of consequence to communicate to you besides the inclosed Act from the Island of Antegoa, intitled an Act for raising a tax for paying publick debts and charges and particularly applying the said tax. This Act being past in the usual form that the tax Acts have been for many years, which I presume your Lordships are well acquainted with, and so need not give you the trouble of an explanation upon it. Tho' this Act lays so small a duty as five shillings per head on slaves (in proportion to what has been usually laid in that Island) yet it will go a great way to discharge the publick debts, which they have long labour'd under. I hope your Lordships have taken into your consideration what I had the honour to write to you on the 11th of Dec. and 11th of March past, on the scruples of the Council at Antegoa to pass a bill prepared by the Assembly for my better support, etc. I take the liberty to represent to your Lordships that I have no house nor any provision for my support in that Island, and yet the ordinary expences of my family there amounted from £1500 to £2000 a year, so that if, by your Lordships' favour, I do not soon obtain an Instruction from H.M. to receive an additional sallary from that Island, I shall be very much distress'd in my circumstances ; for I have in no degree abated of that port and figure with which I have hitherto maintain'd the Commission H.M. has honour'd me with. The Hector man of war being lately arrived here, I intend in a few days to proceed on my voyage for the Leeward Islands of this Government, which I am inform'd will take me up a month's time. I shall give your Lordships an account at my return etc. Signed, Jo. Hart. Endorsed, Recd. 11th July, Read 19th Augt., 1724. 2 pp. [C.O. 152, 14. ff. 294, 294?., 295?.]
May 18. 182. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. In reply to 4th Feb. 1724 and Oct. 4, 1723, report, from evidence drawn from books in the B. of T. Office, upon the laws that will expire or remain in force in Jamaica after 1st Oct., 1724, and upon what foot the Government will continue, particularly in relation to its dependance upon the authority of the Crown. (cf. Order in Council, 6th Aug. 1723.) (i) As the laws "appear to have been made in different manners and under different powers at several periods," survey the conditions and legislation 1660–1703, and are of opinion, "that all the Acts of Assembly specified and confirmed in the two Orders of Council of 1st Oct., 1682 and 17th April, 1684, will determine with the Revenue Act on 1st Oct. Amongst these is the only law now in being for appointing and establishing their Assembly; an Act for settling the Militia; an Act for establishing Courts etc.; an Act for ascertaining the quitrents etc. and others of great consequence to the Government and welfare of the Colony. It has not appeared to us that any Acts made antecedent to those of 1682 do now continue in force or can revive upon their determination. The printed collection of the laws begins with those of 1682, and takes no notice of anything more ancient etc. All the Governours before that time (except Col. Doyley, appointed in 1660) were restrained to make laws to continue no longer than two years. But it seems to us very doubtfull upon his Commission and Instructions, whether it was the intention of the Crown to give him a general power of making perpetuall laws, or only ordinances, and regulations for the present administration of the Government, the rather because the word laws is nowhere mentioned in the authorities given to him, and there is no reservation to the Crown to approve or disallow the Constitutions he should make, which could hardly have been omitted, if it had been intended that he should make perpetuall laws. Besides this it is to be observed that his Acts were made by the Governour and Councill without any Assembly of the people, and tho' that Councill was directed to be indifferently elected by as many of the Officers of the Army, Planters and Inhabitants as by the Governours best and most equall contrivance might be admitted thereunto, and in that respect might be a kind of representation of the people, yet how that power was executed does not appear, and in fact the very first Assembly which was held in 1663 made, an Act declaring all the Acts made by the Governour and Councill (except such as were particularly confirmed by them) null and void, and added a clause to indemnifye persons for having acted under them. And tho' by the very next Assembly the Acts of that first Assembly were declared void, yet one of the reasons given is that as many of them as were needfull had been re-enacted by that second Assembly, some of which Acts so re-enacted are to the same effect with several of Doyley's ordinances. As there are these doubts concerning those acts or ordinances in their originall, and no complete submission ever yielded to them by the people, so it doth not appear to us that any of them have been acted under or put in practice since 1663, but the entries in the books in your Lordships' Office do in our apprehension import the contrary. And for these reasons we are of opinion that they cannot now be considered as subsisting laws or be put in execution. As to such Acts of Assembly as have been made since 1682 perpetuall in their nature and confirmed generally by the Crown which are specified in the Schedule A, we apprehend they will continue in full force after the expiration of the Revenue Act; and so will alsoe those other Acts not yet approved or disallowed mentioned in Schedule D, untill H.M. shall be pleased to declare his disallowance of them and then they will cease. These are the only Acts of Assembly of the Island which so far as we have been able to be informed will remain in force after 1st Oct., 1724. Such Acts of Parliament as have been made in England to bind the Plantations in generall or Jamaica in particular and also such parts of the Common or Statute Law of England as have by long usage and generall acquiescence been received and acted under there, tho' without any particular law of the country for that purpose, will (as we humbly concieve) continue of the same force after 1st Oct. as before. But we apprehend there may be great difficulties in putting such laws as will continue in force in execution after that time, because tho' the Courts of Judicature which have been erected by the Governour and Councill from time to time by authority from the Crown will remain in the state they now are, yet particular regulations, and kinds of process and forms of proceedings having been instituted by Acts of Assembly which will expire, it will be difficult for the judges to know by what rules to proceed.
(ii) We apprehend that the expiration of the Laws before-mentioned will not in generall weaken or take from the dependance of this Island upon the Crown of Great Britain. The powers given by H.M.'s Commission and Instructions to his Governour or to the Governour and Councill will remain as they are now unless any particular parts of them relate to the putting in execution Acts of Assembly which will then expire. H.M. may also under his Great Seal give such further powers to his Governour to be exercised by him alone or with the advice of a Councill (the power of appointing which will remain in H.M.) as shall be found necessary for putting in execution the laws which remain in force, and alsoe for appointing Judges and Officers and administering Justice in his Courts; for ordering the Militia and doing all other Acts, which belong to H.M. to do by his Prerogative. And in legall proceedings an appeal will lye to H.M. in Councill in the same manner as it does now. The chief difficulties with regard to Government will arise under the head of the Revenue of the Crown and the power of making new laws. As to the Revenue it does not appear to us that any will subsist after the determination of the present Revenue Act, besides the rents reserved upon the grants of lands, licences for selling strong liquors, and the casuall revenue of fines forfeitures and escheats, in the recovery whereof there may alsoe be some difficulties by reason of the expiration of the Laws directing the methods of proceedings now in use. As to the power of raising any new Revenue for the support of the Government by laying new taxes or impositions upon the people, that will depend upon the question whether Jamaica is now to be considered merely as a Colony of English subjects, or as a conquered country; If as a Colony of English subjects, we apprehend they cannot be taxed but by the Parliament of Great Britain, or by and with the consent of some Representative body of the people of the Island properly assembled by the authority of the Crown ; But if it can now be considered as a conquered country, in that case we conceive they may be taxed by the authority of the Crown. As to the fact upon which this question (which is of great weight and importance) doth arise we apprehend sufficient materials have not been laid before us to enable us to judge thereof, for which reason we have offered our opinion to your Lordships upon a supposition that it may possibly come out either way. But if it should appear that this Island can now only be considered as a Colony of English subjects, yet we are clearly of opinion that since the present Act of Assembly of 1682 appointing the number of the Members of the Assembly and the places from whence they are to come, will expire with the Revenue Act on 1st Oct., it will after that time be in the power of H.M. by his Commission and Instructions to his Governour to appoint Assemblies to be summoned in such manner as H.M. shall think fit, both as to the number of the whole, the number of Representatives to be elected for particular places and parts of the Island, and the qualifications both of the Electors and the elected, provided such order and method be observed therein as that they may reasonably be understood to be a Representation of the People. This power was exercised by H.M. predecessors before that Act of 1682 passed, and consequently will remain entire to the Crown after it shall expire; and such Assemblies so summoned will have the same authorities to make laws and raise money as the present or any other Assembly have been possessed of. Signed, P. Yorke, C. Wearg. Endorsed, Recd. 1st June, Read 14th July, 1724. 23 pp. Enclosed,
182. i. Copy of Order in Council 6th Aug. 1723. ?. C.S.P.
182. ii. Copy of Order in Council 17th April, 1684. ?. C.S.P. 1683. 1681–5, Nos. 1239, 1639.
182. iii. Copy of Order in Council 23rd Feb. 1682. ?. C.S.P. 1682. No. 968.
182. iv. List of Acts (15) not depending on the Revenue Act. 1 p.
1724. 182. v. List of Acts perpetual, confirmed and not confirmed. 2 pp. [C.O. 137, 14. ff. 331–342, 343. 345–346. 347–349, 351, 352?., 353, 354?.]
May 19.
Whitehall.		 183. Council of Trade and Plantations to the Lord President. Upon reading a letter lately received from Colo. Hope, Governor of Bermuda, we find that Colony was very little informed what Acts of their Assemblys were in force, till we sent them a collection of their Laws lately revis'd and printed by our direction, and that they have long been govern'd by laws which had been repeal'd many years by the Crown. This inconvenience is common to the other Colonies, and arises from the negligence of their Agents, who seldom give themselves the trouble of taking out any Order in Council, either for the repeal or confirmation of Acts, wherein private persons are not concern'd, for which reason we desire your Lordp. would give directions that all Orders in Council for the confirmation or repeal of Acts of Assembly in any of H.M. Colonies in America may be sent to us so soon as they shall be pass'd by H.M. in Council, that we may transmit the same without loss of time to the respective Governments which they concern. [C.O. 324, 11. pp. 15, 16.]
May 19.
Whitehall.		 184. Same to Lt. Governor Drysdale. Acknowledge letters of 16th May, 29th June and 1st Nov. 1723, and 14th Feb. last. Continue: We are glad to see the good harmony there is between you the Council and Assembly, which we don't doubt but by your prudent conduct will be continued. Mr. Leheup, whom you recommended to us as Agent for ye Colony of Virginia, has at several times attended us, and we shall be always ready to give him all due countenance for the service of the Colony. Acknowledge public papers and remarks upon the Acts transmitted 29th June, "which we desire you would continue for the future." The Act for laying a duty on liquors and slaves is repealed etc. The other Acts are now under our consideration etc. Continue:—We have considered the necessity of settling the boundaries etc. of Carolina, and will shortly recommend the same to H.M. We think you have done very well in settling the sittings of the Courts of Oyer and Terminer agreeable to your Instructions. Announce appointment of Mr. Carter (?. Jan. 22 and April 1st). Continue:—We hope, the resolution you are come to, in relation to the abuses that were committed in holding lands under pretence of entrys and surveys, without suing out patents for the same, will be a means to prevent the like abuses for the future, and secure H.M. from the frauds heretofore committed in the payment of his quit-rents. Tho' you have altered ye time of sale of the tobacco paid in on account of H.M. quit rents, yet we hope in every other respect you have strictly adhered to your Instructions in this matter, more particularly in disposing of the same by publick outcry, and upon due notice. [C.O. 5, 1356. pp. 274–277.]
May 20.
New York.		 185. Governor Burnet to [?Lord Carteret]. Refers to enclosures etc. Concludes:—I have nothing new to acquaint your Lordship with, relating to the Indians, it being too early in the year for to hear of them: I am hopefull that the Governour of Canada may receive orders from France, to observe the treatys, upon the complaints made from hence and New England, which no doubt have been represented to that Court, and since the tranquillity of Europe is settled so happily, to the glory of His Majesty, I hope the Continent of America will feel an end of the disturbances which the Indians give the English, altogether at the instigation of the French. Signed, W. Burnet. Endorsed, Rd. July 6th. 2 pp. Enclosed,
185. i. Duplicate of Burnet's letter to C. of T. 12th May.
185. ii. Speech of Governor Burnet to the Assembly of New York, 15th May, 1724. Printed. 2 pp.
185. iii. A scheme for issuing and sinking bills of credit for £40,000 made current by the Act of New Jersey, 1723. 2 pp. [C.O. 5, 1092. Nos. 29, 29. i–iii.]
May 20.
New York.		 186. Governor Burnet to the Council of Trade and Plantations. At the desire of the petitioners and according to the advice of H.M. Council, encloses following for their Lordships' directions therein. Signed, W. Burnet. Endorsed, Recd, (from Mr. Bampfeild) 10th Dec, 1724, Read 16th April, 1725. 1 p. Enclosed,
186. i. Minutes of Council of New York, 3rd March-Sept. 1720. Proceedings upon petition of the Presbyterian Congregation of New York for a Charter of Incorporation. 12 pp. [C.O. 5, 1053. ff. 265–270?., 272?.]
May 20.
Treasury Chambers.		 187. Mr. Scrope to Mr. Popple. Encloses following. My Lords of the Treasury desire the report of the Lords Commrs. for Trade etc. Signed, J. Scrope. Endorsed, Recd. Read 30th June, 1724. Addressed. 1 p. Enclosed,
187. i. Governor Philipps to [? the Lords Commissioners of the Treasury]. Refers to the Council of Trade and Plantations for information as to his proceedings etc. Signed, R. Philipps. 1 p.
187. ii. Petition of Governor Philipps to the King. To carry out his Instructions to take a survey of the coasts and harbours of Nova Scotia, Placentia etc., petitioner made application for a vessel to attend that service. Upon the representation of the Council of Trade, Capt. Durell, who was then goeing on the Boston station, was sent for from Portsmouth, to know if he cou'd undertake that service, which he objected to as a thing impracticable with your Majesty's ship under his command and advised that a small vessel might be built at Boston. This the Governor was instructed to do, and gave a letter of credit to Capt. Durell, who contracted for it at Boston. This vessel, the William Augustus, has been of great use in the surveys and preventing clandestine trade with the French and protecting the fishery. Prays for payment of money disbursed for her account and for her future upkeep etc. Subscribed, Referred to the Lords Commissioners of the Treasury for their report. St. James's. 24th May, 1723. Signed, Carteret. 2 pp. [C.O. 217, 4. ff. 249, 250, 251, 251?., 254?.]
[May 21.] 188. [? Mr. Prevereau] to the Council of Trade and Plantations. Reasons offered for laying a duty of 2 and 4 p.c. upon all goods sold .in Bermuda for four years. The Governor, Council and Assembly are better judges of what is absolutely necessary for the support and defence of that Government, than the merchants trading thither etc. There can be no other fund settled for the support of that Government, the land being so poor that it will not bear a tax. The difference of the tax between inhabitants and strangers is very reasonable etc., as 28th March. The importers will pay no duty at all, but the whole tax will be paid by the inhabitants, being upon the sale and disposal of goods etc. Without signature. Endorsed, Recd, (from Mr. Prevereau). Read 21st May, 1724. 1 p. [C.O. 37, 11. ff. 97, 98?.]
[May 21.] 189. Account of Revenue of Bermuda. Endorsed, Recd, (from Mr. Sharp), Read 21st May, 1724. 3 1/2 pp. [C.O. 37, 11. ff. 100–102?.]
May 22.
Charles
Town,
South
Carolina.		 190. Governor Nicholson to the Council of Trade and Plantations. Encloses duplicates of 5th May. Refers to enclosures. Continues: The Comittee of Correspondence writes the Honble. Francis Yonge papers concerning Indian affairs etc. in order to wait on your Lordships with them etc. Signed, Fr. Nicholson. Endorsed, Recd. 8th July, Read 29th Oct., 1724. 1 p. Enclosed,
190. i. Proclamation proroguing the Assembly to 2nd June, 1724. Advices not having arrived from England and the affair of planting not being finished etc. 14th May, 1724. Signed and endorsed as preceding, ¾ p. [C.O. 5, 359. ff. 198, 199?., 200, 200?.; and (abstract of covering letter) 5, 406. p. 15.]
May 22. 191. Mr. Livingstone to Mr. Walpole. Acknowledges letter of Sept. 26th. Continues:—I thought it a duty incumbent upon me to use all endeavours to persuade our people to do you that justice in allowing your fees, as well in regard of your great merit, and the great service you are capable to do this province upon occasion, as to take off that stain which would undoubtedly fall upon them in not complying with H.M. commands; and if Mr. de Peyster had or would have followed my advice some years ago, they had not plunged themselves into their needless troubles and charges which they put themselves to, keeping their Assemblies three or four weeks, till they had framed an Act, to skreen them from rendring that account, which I knew of necessity they must do at last, and that the Govr. could never passe, but that matter is over, and tho' some of our Members think it a hardship to allow 5 p.c. upon the audit of this last act we made to make good the deficiencyes for the support of Government to discharge the warrants signed for the payment of your fees and arrears as Auditor General, I tell them it will be in vain to struggle against it, or to study any means to prevent; for the Auditor General will all ways be intituled to his fees of all publick moneys raised for support of Government, and if they do this out of a principle of good husbandry for the Province, why do they not lett the publick moneys be received by the Collector and Receiver General appointed by H.M., who offers as good security as young Mr. De Peyster the present Treasurer has given, who had 5 p.c. etc. No signature. 1 p. [C.O. 5, 1085. No. 45.]
May 27.
Whitehall.		 192. Duke of Newcastle to the Council of Trade and Plantations. Encloses following for their report. Signed, Holles Newcastle. Endorsed, Recd. 31st May, 1724. Read 2nd June, 1725. 3/4 p. Enclosed,
192. i. Petition of the Dowager Countess of Denbigh and others to the Duke of Newcastle. Ask for a grant of the plantation, Pensez-y-bien in the former French part of St. Kitts, which Walter Douglas, the former Governor of the Leeward Islands, holds by a grant of H.M., but pretends he made a grant of it to his infant son, thereby fraudulently preventing petitioners from obtaining possession thereof on account of a debt etc. Copy. 3 pp. [C.O. 152, 15. ff. 11, 12–13, 14?.]
May 30.
London.		 193. Stephen Godin to the Council of Trade and Plantations. Reply to their Lordships' desire signified 14th inst. Premises that "it were better to have no Colonies unless they be subservient to their Mother Country. If this maxim was the touchstone, on wch. the argements, dark and sinister acts, and pretentions of the Colonies, were tryed by, it would be very easy for a Ministry to judge wch. of them should be countenanced, and those wch. shou'd be rejected. To this I will join that the life and very essence of trade is security, protection, steady, and unbyast Government. The Nation that will be governed by those unquestionable rules cannot fail to prosper, and no other reason need be assigned to our languishing, decay'd and precarious trade. Men of estate, integrity and experience, leave off trading, and sell their ships to the French, and other foraigners, to content themselves with a small intrest of 3 or 4 pr. cent, at home, because there is no security, nor effectual protection for British traders in our Colonies, nor will ever be as long as they are left to themselves to make laws, by wch. they can in a legal way pay of their creditors of Great Britain, some at ten, some at five, and others at two or three shillings in the pound, and the contagion spreds still so fast, that those who were kept within bounds hitherto seems to claim a right of cheating also, by the introduction of paper money, after ye laudable example of Carolina and New England" etc. Continues: The paper money wch. hath ruined France, and ye British merchants trading there etc., hath spared there colonies and ye merchants' effects there because no paper currency is admitted there and all payments are made in product or specie wch. is no small encouragement to the Adventurers out of Old France. They and the Dutch have a great advantage over us in England, in that they make a double fraight to and from their Colonies, whereas our shipping must for ye most part go out empty etc. To this cause may be atributed ye increase of the French and Dutch Navigation to their Colonies, and the great imports they have made of sugars, not only for the consumption of France, but also for forain markets, where they have undersold us, insomuch that with our home discouragements wee have not been able to stand wth. them. Many remedies might be found to revive the fitting out of our ships for the West Indies, to promote the sugar and tobacco trade, when the causes of our great sufferings are removed, when the liberty and property of the industrious British traders is effectually secured, and protected abroad: and in our Colonies by proper regulations against the invaders of the British laws, and rights of the subjects etc. Proposes that the bounty on the exportation of corn be extended to biscuit and flour and other eatables to the Plantations, in order to help manufacturers and navigation. Continues:—To help that also it will be consistant wth. our judicious maxim (the wch. with submission ought to be writ in golden letters on ye frontispiece of yor. Honble. Board) to order H.M. Governours of Pensilvania, and New York, yt. towards a further encouragement to ye planters of those Colonies to turn their hands to the raising of hemp, they wou'd propose an Act to be past in their Assemblies, to allow a bounty of 40s. pr. ton payable to those who should export hemp for Great Britain, and this bounty be raised by a duty of a shilling pr. hundred of flower, and biskett, wch. is exported from those Colonies. Such a wholesome law, wou'd tend to put us upon ye level wth. our Colonies on ye Continent to carry bread kind to ye West Indies, and so by filling our ships outward bound, to raise fraight capable to fitt them out, and enable us to import sugars and tobacco cheaper then our neighbours etc. A further step, is to free sugar from the dutys it pays at ye shipping in some of our Colonies, wch. is a greater burthen upon yt. trade then it proves of advantage to H.M., Governours generally sinking yt. Revenue into pretended contingent charges, whereas if they be realy necessary fr. ye service of ye Plantations, its fitting there Assemblies should provide for them by taxes upon their lands, and slaves, instead of discouraging ye exportation of ye product by an additional cost, wch. instances the hazard of the Adventurer etc. To this if ye Legislature shou'd think fitt to grant ye full drawback of duty's paid or secured for sugars, tobacco and rice, it would be of great encouragement to those productions, and a step much fitter to be taken for England, then to grant them ye taking off of ye enumeration, wch. woud be of more pernitious consequences then may be easily thought of etc. Signed, Steph. Godin. 3 pp. Endorsed, Recd. Read 9th June, 1724. 3 pp. [C.O. 388, 24. No. 140].
May 30.
Boston in
N. England.		 194. Mr. Willard to Mr. Popple. I have sent to H.E. Governor Shute Minutes of Council, Sept.–Feb. last, and Minutes of Assembly of the Session Oct. 1723, with the Acts passed at that Session, which papers I have prayed him to lay before their Lordships etc. Signed, Josiah Willard. Endorsed, Recd. 6th, Read 23rd July, 1724. 1 p. [C.O. 5, 869. ff. 29, 30?.]
May 31.
London.		 195. Merchants trading to Jamaica to the Council of Trade and Plantations. Reply to Queries of 12th May. (1) Increased produce of sugar is due in some measure to planters being discouraged from making indigo by reason of the great quantities thereof made by the French in Hispaniola. Negroes taken from making that commodity are employed in making sugar. The diminution in the exports from Great Britain we attribute to the improvements the French have made in their colonys, and their ability thereby to supply foreign markets at lower prices than H.M. subjects, as they are not under so many duties, incumbrances on shipping etc. as we are. The increase of home consumption is because it is cheaper than heretofore etc. Replies as to foreign duties etc. (viii) Propose that drawbacks on debentures and fees be allowed on re-exportation, and that the great number of Holydays and other incumbrances on shipping be reduced, to enable British to compete in foreign markets. The exceedingly high duty on rum imported should be reduced. The African coast should be guarded against pirates, so that the supply of negroes may not be interrupted, and H.M. ships at Jamaica should be instructed to guard the headlands and cruise off the island and the S. coast of Hispaniola and not lie in port. The greatest mischiefs which hath of late years attended our Colonys have been caused by the Spanish guard de coast vessels and pirates, not only by the havock and destruction of the ships employed in the negro trade on which the being of our Colonys cheifly depends, but also by the great interruption given to our navigation in bringing home the Plantation products etc. In respect to the Spanish guard de coast vessells the Spaniards in America have been for divers years past at warr with us, while we continue in a state of peace with them, by reason whereof most of our sugar ships from Jamaica are obliged to stay to come in fleets as in war time, and consequently arrive so late after the crop that most of the foreign sugar markets are usually first suplyed by the French or other our rivals etc., and by damage occasioned hereby freight comes dearer etc. There having been lately French sugars introduced into Jamaica and thence into Great Britain, the importation thereof is not only contrary to the intent of our Act of Navigation, but also tends to the great encouragement of the French Colonys, and to the prejudice of our own etc. The planters of Jamaica are at an annual expence of £5000 and sometimes double to fitt out ships of warr to protect the said island against the guard de coast vessells, who before had frequently landed, and plunder'd the inhabitants, and carried of great numbers of negroes, while the station ships of war appointed for the protection of that Colony employ themselves as they please, being subject to no jurisdiction abroad, nor can they receive any directions from their superiors at home by reason of the remote distance. Signed, Rd. Harris and 12 others. Endorsed, Recd. 10th, Read 24th June, 1724. 6 pp. [C.O. 388, 24. No. 145.]
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