America and West Indies
March 1725


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Cecil Headlam (editor) and Arthur Percival Newton (introduction)

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'America and West Indies: March 1725 ', Calendar of State Papers Colonial, America and West Indies, Volume 34: 1724-1725 (1936), pp. 335-352. URL: Date accessed: 21 October 2014.


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March 1725

March 1.
516. Governor Hart to the Council of Trade and Plantations. Encloses duplicate of 24th Dec, as many ships from these parts have been lately lost on the coast of Great Britain. Continues: In November I went to Montserrat; where I had the good fortune to compose the heats, which were come to a great height between the Council and Assembly: and after I had proposed some good laws to them, which were much wanting, having pleaded in the Courts such as were passed, before the taking of the Island by the French under the command of Monsieur Cossart, at which time all their records were burnt; and so had few laws but what depended on the strength of their memory: to remedy which I have been since at Montserrat, and as the Council and Assembly have prepared heads of several bills which are put into the hands of lawyers to digest into method: which when they are form'd for the assent, I intend to return thither again: and hope in a few months to send your Lordships such Acts as may be for the better Government of that Island, and further promote their trade etc. As Mr. Frye (?. C.S.P. 16th March, 1724, 5th April, 1725) is sensible of his misbehaviour; and made a proper submission for it; I have taken the liberty to restore him to his place in the Council; and hope I shall have your Lordships' pardon for not waiting your answer thereon, since this has taken away all grounds for even in the least murmur in that Island. For tho' Mr. Frye has been universally censur'd here, for his misbehaviour towards me; yet I alwaies gladly embrace all returns of duty and regard for H.M. authority; on the other side where it is not sometimes exerted, too many liberties are taken with it, of which Mr. Frye's suspension is a remarkable instance etc.; the present tranquility in the island is in a good measure oweing to the step I took on that occasion. Just as I was embarking from Monserrat for Antegoa on 16th Nov., a ship arrived from London by which I received a new Royal Instruction, as to salary (?. C.S.P. 4th July, 1724). Continues: I hope your Lordships will pardon my not sending you sooner the proceedings of the Council of Antegoa; which are indeed of so extraordinary a nature, as ought to have been laid early before your Lordships. But as I was in hopes that when the Gentlemen of the Council had some time to reflect on their conduct, that they wou'd have made some moderate representation, which might have given me a handle for to accommodate matters so, as I need not have troubled your Lordships with an account of their behaviour: And I was encouraged to this by the Lt. Governour, and several worthy Gentlemen of that Island; who have taken abundance of pains to perswade them to more peaceable and respectful measures than those they had already engaged in. But as I find these Gentlemen of the Council are obstinately bent, to render H.M. authority in his Cheif Governour of no consequence; and have done all that in them lyes, to render his administration contemptible; I can no longer delay to represent their proceedings etc., and do not doubt your Lordships will take such measures on the whole, as will effectually support H.M. authority in the Council of Antegoa etc. As, in my humble opinion, the honour of H.M. service is very nearly concern'd in this matter, I presume I need not make a further apology in taking up so much of your Lordships' valuable time etc. On my arrival at Antego, 12th Nov., I found there was no house or other provision made for my reception as usual: For that the Council had trifled with the Assembly, and would not take a house but on such terms as no man car'd to rent it. Refers to Minutes of Council. So to the great greif of the Assembly and people, I was obliged to take up my lodgings in a very mean and despicable habitation, belonging to the Clark of the Market, such as wou'd not let for twelve pence by the week in any part of England. And this too in a very wet and sickly season, and in lowe circumstances of health, and almost depriv'd of the use of my limbs, from the effects of the many feavers I have had, since my residence in this unhealthy climate; the Island of Antegoa having this year, by the best accounts I can procure, lost the 6th part of the inhabitants by malignant fevers. I was in hopes on my meeting the Council and Assembly, that some better provission wou'd have been made for me, in respect to the honour of H.M. Commission: But your Lordships may please to observe what regard the majority of the Council have for it, by the sequel etc. On 21st Nov., I made the inclos'd Speech etc. As this Speech was the groundwork of the extraordinary proceedings of the Council since the time of my delivering it; I humbly intreat your Lordships perusal of it; and submit to your superiour judgments, whether any handle cou'd be taken from thence to my disadvantage, unless it were from minds prepar'd to turn everything I shou'd offer into the worst sence. Encloses the very affectionate Address of the Assembly on that Speech and it is with infinite pleasure I can say to your Lordships, that no Governour ever receiv'd greater marks of veneration and esteem, than I have done from the Assembly, merchants and generality of the people of Antegoa etc. The Assembly agreeable to their kind provisions in their Address to me, came to a resolution for settling £1500 per annum Antegoa money on me during my Government; which the Council refused to agree to. Refers to Minutes and Journal, etc. Continues:—The Council offer'd me a paper in answer to my Speech, which wanting the stile of an Address, I refus'd to accept, as wanting that respect, which has been constantly paid by the Council to the Chief Governours when ever they made a Speech. On my refusal they alter'd their stile, and presented me with what they are pleased to call an humble Address. Refers to enclosure Hi. etc. Continues:—Having read their Address in Council and surpriz'd that they shou'd fall from their former resolutions to provide for me whenever H.M. shou'd signifie his approbation by an Instruction for that purpose; I desir'd the Gentlemen wou'd inform me, whether they had any objection to my administration, which I was not conscious to myself, I had been either guilty of or remiss in; and assur'd them if they had any grievances to complain of, I was willing and ready to redress them; upon which they reply'd they had no greivances to complain of; I answer'd that since they had no greivances I thought it very hard, that I shou'd be depriv'd of all support, when at their instance I had obtain'd H.M. permission to accept of an addition to my sallary from Antegoa, that they knew very well the great expence I was at, and that they had given their publick faith to support me: Upon which Lt. Col. Valentine Morris (who commands Col. Lucas' Regiment of Foot here in H.M. pay and service) sullenly reply'd, that if they had given me any promises, my conduct was very much alter'd since that time; and Mr. Archibald Cochran feircely seconded Col. Morris, Yes, Sir, your conduct is very much alter'd since that time. This was deliver'd with such actions as are inimitable, and in accents cannot be put into letters. But how respectful to my station, or how just to my particular is humbly submitted to your Lordships. I very earnestly pressed these Gentlemen to explain what part of my conduct was blamable; But they obstinately refus'd to answer me in any one point. Thus, My Lords, finding myself depriv'd not only of all support in Antegoa, the principal Island of my Government, by the piques of some of H.M. Council there; but my reputation also wounded in so secret a manner, that it was impossible for me to justifie my conduct so attacked, but in a publick way; which I hope I have done, by calling up the Assembly to the Council Chamber, where I made the inclos'd Speech, of which I humbly desire your Lordships perusal; and with great resignation submit it to a superiour censure, if there is any cause for it. But cannot admit the Council to be my Judges, and pass sentence on me, as they have done in the inclos'd original Address to me on the Speech mention'd. In my answer to this last Address, enclosed, I have been the more particular that your Lordships may be fully inform'd of my conduct, and that of the Council towards me etc. Hopes that it may possibly put your Lordships upon measures of better supporting H.M. authority in Antegoa, than it has been for many years past; and that those who have, or may have the honour of H.M. Commission as Governour, may not for the future have their lives, their bread and characters, subject to the caprice of, at least, unreasonable men etc. Permit me, My Lords, to observe to you, that faction which was, not many years past, in as high a rage at Antegoa, as any one place whatever, is now reduced to a very small number: But how much they may increase, if alwaies permitted to go on with impunity, is humbly submitted etc. The Assembly having, in vain, desir'd the concurrence of the Council etc., they then came to a resolution to address H.M.; to shew their zeal for his person and Government, and how chearfully they came into measures to support the honour of his Governor here, tho' the Council wou'd not joyne with them in it. After the Address was prepar'd, the Speaker and Assembly came to me in a body; and desired that I wou'd lay their Address (enclosed) before H.M. etc. By my 91st Instruction I am commanded to make the Island of Antegoa the cheif place of my residence; which I have hitherto done: But as the Council have refused to concurr with the Assembly in providing for my support, or even for a house; and having lately remain'd there for two months at a very great expence to my private fortune, yet in very dishonourable circumstances for H.M. Governor; and considering H.M. has also been pleased to give his Instructions that I might be supported and that a house should be provided for me, which I presume was not suppos'd wou'd have been refus'd etc., But as the case now stands, in my humble opinion, it is not for the honour of H.M. service, that I should make Antegoa the cheif place of my residence till some provision is made for my reception there. I hope, my Lords, the reasons I now offer, may prevail with your Lordsps. to represent this matter to H.M.; and that he will be graciously pleas'd to dispence with that Instruction etc. It will be needless after what I have had the honour to impart to persons of your Lordships' wisdom and penetration, to say how impracticable it is to act for H.M. service and promote the good of the Colony of Antegoa (which is admitted to be now in a better condition than ever it was before my arrival) if the Council who are appointed to aid and assist H.M. Governor, take measures to obstruct and oppose him on most occasions etc. Your Lordships may please to observe in the Address of the Council etc., that abstracts of my letters I had the honour to write etc. to your Lordships in March past, are made a charge against me, tho' I have not yet receiv'd your Lordships sentiments on the subject of those letters. I am a stranger to the means of the Council's obtaining those letters. But I humbly submit it to your Lordships' consideration, how safely I can act at Antegoa for H.M. service when my letters wrote to your Lordships, for H.M. information, are publish'd by the persons by me accus'd; But do not doubt your Lordships will take such measures that H.M. Governor here may not be exposed to the resentments of such who have already acted so cruel a part, when his duty prompts him to speak with a just fRecdom of men and things within his Government etc. Signed, Jo. Hart. Endorsed, Recd. 16th, Read 17th June, 1725. 16 pp. Enclosed,
516. i. List of following enclosures. 1 p.
516. ii. Copy of Order in Council, 4th July, 1724. Endorsedas covering letter.
516. iii. Governor Hart's Speech to Council and Assembly of Antigua, 21st Nov., 1724. Recommends above Order, concerning an addition to his salary, to their consideration, and also the question of a perpetual establishment for the support of the Commander-inChief. Now that the Island no longer labours under the load of publick debt, and is in a more flourishing condition than ever it was, repeats his former recommendations that they should consider the better regulation of the Militia, improvement of the fortifications, and the increasing number of white people, so much diminished of late by the hand of Providence etc. Same endorsement. Copy. 2 pp.
516. iv. Address of the Assembly to H.E., in reply to preceding. Out of the desire we always had of seeing H.M. representative honourably supported and of a full sense of H.E.' s merit, have resolved upon an annual sum to be settled on him. Signed, Ashton Warner, Speaker. Same endorsement. Copy. 1 p.
516. v. Address of the Council of Antigua to H.E. We cannot agree to an Act of settlement for your Excellency, because we persuade ourselves that H.M. will think, we have had a just regard to your Excellencies' support, and the dignity of your station, in giving more than £4,300 in gold and silver. No former Governor ever received in five years what your Excellency has received in three. Yet, as we would endeavour to make your Excellency easie, and shew our regard to H.M. service, we cheerfully agree to the providing a house for your Excellency, or £400 a year in proportion to the time your Excellency shall think fitt to reside amongst us, according to the tenor of one of H.M. Instructions. We agree that we are in a good measure eased of those heavy debts, we have been so long encumbered with, and we hope with the blessing of God, that our publick credit will in a few years be on such a foot as never again to pay 10 p.c. interest, as we still do for above £5000, great part of which was contracted the beginning of the last war, etc. As we have not been able to discharge our debts in that time, we ought to have some regard to the disposal of the public money etc. As to procuring a greater number of white people, our charging ourselves with white servants will be to little purpose, while our poor people find reason to leave us, as our poor free-holders do whenever a dry year, and a high tax come together etc. Express appreciation of H.M. great goodness in giving us our Chancery Acts etc. Same endorsement. Copy. 2 1/4 pp.
516. vi. Speech of Governor Hart to the Council and Assembly of Antigua, Dec. 5th, 1724. The £4300 (referred to in preceding) has already been spent in this Island on the presumption of your promises that I should have been always supported. Its value is only £2867 sterling, not an extravagant sum in a country where all necessaries are constantly double the price in Great Britain. I paid my own rent and repairs and servants' wages alone amounted to £200 a year. I may add from the information of others, that the maintainance of a house in a private family, where everything is paid for in the specie of gold and silver, will exceed £1000 per annum. It is well known in what port I have maintained my character, and that my door has ever been open to the stranger, the distress'd and the affectionate. I am a stranger to the arts of secretly taking money, tho' I have not been without great offers that way, etc. The late Mr. Hamilton in 3 years received £4000 and the royal festivals were at the public charge, which I have defrayed at my own expence etc., besides other extraordinary expences etc. The remaining debts are not near what you represent them to be etc. The poor have been always freed from taxes during my administration etc. etc. Same endorsement. 13 1/2 pp.
516, vii. Address of the Council of Antigua to H.E. Reply to preceding. Signed, Thomas Morris, Jno. Frye, Will Hyam, Vall. Morris, Natha. Crump, Archd. Cochran, John Yeamans. Same endorsement. 10 pp.
516. viii. Governor Hart's Reply to the Gentlemen of the Council who signed the preceding Address, 15th Jan. 1725. Same endorsement. 66 pp.
516. ix. Address of the Assembly of Antigua to the King. 11th Dec., 1724. Assure H.M. of their zeal and affection for his person and Government and praise the prudence, conduct and zeal of Governor Hart. Will endeavour to repeat their resolutions for a settlement on their chief Governor, being convinced that his residence in that Island, the windermost and most capable to assist the others, will thus be rendered less burthensome to him etc. Signed, Ashton Warner, Speaker. Same endorsement. 3 pp. [C.O. 152, 15. ff. 34–41?., 43?., 44, 45?., 46, 46?,47?.–49, 50–51?., 53?., 55–61?., 63?., 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 73?., 75–107?., 108?.–110?.]
March 2.
517. Council of Trade and Plantations to the Duke of Newcastle. Transmit the Lords Proprietors' recommendation of Sir Richard Everard to be Governor of North Carolina for H.M. Orders thereupon. Autograph signatures. 1 p. [C.O. 5, 306. No. 8; and 5, 1293. p. 343.]
March 2.
518. Mr. Popple to Mr. West. Encloses for his opinion in point of law Act of S. Carolina for settling the estate of Richard Beresford, decd. [C.O. 5, 400. p. 217.]
March 2.
519. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
519. i. Same to the King. Having discoursed with Dean Berkley, upon his petition (?. 6th Feb. etc.), we have no objection to so laudable an undertaking, provided the said Colledge be not impowered to purchase or receive above 1000 acres of land in the Bermuda Islands, and that their revenue in any other part of your Majesty's Dominions do not exceed £2000 a year. Autograph signatures. 2 pp. [C.O. 37, 26. Nos. 34, 34 i., and 38, 8. pp. 27, 28.]
March 3.
St. James's.
520. Order of King in Council. Representation of 13th Feb., and the petitions of John Burnett and Jeremiah Browne, praying that it may be reconsidered, are referred to a Committee of the Privy Council, ?. A.P.C. III. No. 78. Signed, Edward Southwell. Endorsed, Recd. 24th March, Read 6th April, 1725. 1 p. [C.O. 152, 15. ff. 5, 6?.]
March 3.
South Sea
521. Mr. Wescomb to Mr. Popple. Since the Directors of the South Sea Compa. attended the Lords Commrs., they have received from their Agents in Jamaica a letter advising that the Assembly had passed a bill for 1725, whereby not only the former dutys of 10s. per head on the import, and 20s. per head on the export, of negroes, are continued, but the relief given to the South Sea Compa. by the former Act, with respect to such negro's as should be imported by themselves for refreshment only, pursuant to H.M. Order in Council, is taken away etc. To which His Grace was pleased to say, that he thought the laying a duty on negroes, that came for refreshment only, was unreasonable, but that he had no such instructions as were given to Pr. Nico. Lawes etc. Asks for copy of Minutes when the Directors attended the Board. Signed, W. Wescomb. Endorsed, Recd. 5th, Read 10th March, 1724/5. 1 3/4 pp. [C.O.137, 16. ff. 21, 21?., 22?.]
March 3.
St. James's.
522. Order of King in Council. Mr. Attorney and Solicitor General are to prepare the draught of a Revenue Bill for Jamaica, and offer what they think necessary to be done upon the Representation of Feb. 19th etc. Set out, A.P.C. III., p. 73. Signed, Edward Southwell. Endorsed, Recd. 24th March, Read 6th April, 1725. 1 p. [C.O. 137, 16. ff. 29, 30?.]
March 3.
St. James's,
523. Order of King in Council. The Lords Commrs. of the Treasury are to report whether the Revenue given by the bill transmitted by the Duke of Portland will answer the necessary provision for the support of the Government of Jamaica, with what else they shall think proper to offer thereupon. Signed and endorsed as preceding. 1 p. [C.O. 137 16 ff 31, 32?.]
March 3.
St. James's.
524. Order of King in Council. Referring to a Committee the Act of Pennsylvania prescribing the forms of Declaration of fidelity etc. and representation of 14th Jan. thereupon. Signed and endorsed as preceding. 1 p. [C.O. 5, 1266. ff 186, 187?.]
[March 3.]525. Petition of Robert Cunyngham to the King. Praying for relief in case of a plantation in St. Kitts, part of which is alleged by John Spooner, Solicitor General of the Leeward Islands, not to have belonged to Mrs. Salenave, petitioner's wife's aunt, and therefor to have been wrongly included in petitioner's patent, (? 27th March, 1725). Without date or endorsement. 1 3/4 large pp. [C.O. 239, 1. Nos. 30, and (duplicate) 30. i.]
March 5.526. H. Rost to the Council of Trade and Plantations. Turkett and Dorrell islands contain about 25 acres each. (?. 4th Feb.) Petitioner intends to plant them with grape vines. Proposes rent of 6d. per acre to the Crown etc. Signed, Henry Rost. Endorsed, Recd., Read 5th March, 1724/5 Addressed. 1 p. [C.O. 37, 11. ff. 111, 112?.]
March 6.527. Deposition of Benjamin Bennett, late Lt. Governor of Bermuda. There are four or five shares of land commonly called School lands understood to belong to a Free School by virtue of St. Nathanl. Rich's will. Part of those lands were possess'd for several years during deponent's government by Thomas Bostock, who is now succeeded by the Rev. Mr. Nairn pursuant to the present Governour's order. Signed, B. Bennett, 3/4 p. [C.O. 37, 28. No. 30.]
[March 6.]528. Copy of will of Sir N. Rich (1635) referred to in preceding. 2 1/4 pp. [C.O. 37, 28. No. 31.]
March 6.
St. James's.
529. H.M. leave of absence for one year longer to Patrick Crawfurd, Provost Marshall General of the Leeward Islands. Countersigned, Holles Newcastle. [C.O. 324, 35. pp. 113, 114.]
March 9.
530. Mr. Leheup to Mr. Popple. Asks for final determination on Merchants' petition against Act of New York for encouragement of Indian trade etc., "which has been so well cleared up that I beleive they will give no further trouble concerning it." Asks for confirmation of Act to enable Messrs. Dongan to sell an estate, which has been passed these two years at New York etc., and for decision upon Mr. Burnet's recommendation of Philip Livingston for the Council, "as the ships are all now going." Signed, Peter Leheup. Endorsed, Recd., Read 10th March, 1724/5 1 p. [C.O. 5, 1053. ff. 223, 224?.]
March 9.
St. James's.
531. H.M. Warrant to Governor Burnet for appointing Robert Lettice Hooper Chief Justice of New Jersey in place of William Trent, decd. Countersigned, Holles Newcastle. [C.O. 324,35. pp. 112, 113.]
March 9.
532. Mr. Popple to Governor Hart. Encloses copy of Mr. Smith's petition relating to infringements of his patent. Concludes: Their Lordships expect you shall make no alteration with respect to the proffits of the several employments Mr. Smith was possessed of when he left St. Christophers, till their Lordships shall have received your answer thereto, and till H.M. shall have declared his resolution thereupon. [C.O. 153, 14. pp. 185, 186.]
March 10.
533. Mr. Gordon to the Council of Trade and Plantations. Encloses following, a copy of his reply to their enquiry which he thinks they never received etc. Signed, W. Gordon. Endorsed, Recd. 3rd May, Read 2nd June, 1725. 2 pp. Enclosed,
533. i. Memorial of Henry Peers, Rev. W. Gordon and Mary his wife, and Mary Whitehead, widow, to the Council of Trade and Plantations. Objections to the Act of Jamaica for encouraging the speedy selling of Pera Plantation. Joseph Harbin, (grandfather of Mary Gordon, the only daughter of his son and heir, John), and Charles Pope, father of Mary Whitehead (his only daughter and heiress) in 1682 purchased a plantation from Sir Thomas Lynch for £6000, and built a windmill thereon and stocked it with 150 negroes, and paid the greatest part of the purchase money to the Lady Cotton, only daughter of Sr. T. Lynch. Pope conveyed to George Peers of Barbados one moiety of his moiety, which is inherited by his son, Henry. In 1694 the French privateers demolished a great part of the work, whereupon Lady Cotton, by her attorney Col. Knights, entered upon the plantation by virtue of a mortgage from Charles Pope and has ever since held the same. She has suffered the land to lie waste and rented out the negroes to one Vines Ellicot, or Thomas Cardriff, the rent for which has long since amounted to more than the unpaid purchas money. Gordon being in London applied to Lady Cotton to come to an account and offered to pay what was due on the mortgage, but she refused, whereupon the memorialists filed their bill in Chancery to compel her to account. Lady Cotton and her present husband, Capt. King, instead of answering the said bill, had recourse to Jamaica, and by plausible suggestions to the Legislature there, without the knowledge of Memorialists, procured a law to be passed to bar them from their just claim, which they hope will be deemed unfit for H.M. approbation because (i) the reasons alledged in the preamble are untrue, (ii) the Act divests H.M. subjects of their title, unless they pay certain sums which from the Legislators own shewing were never made to appear to them to be due and unsatisfied, (iii) The Act anticipates the justice all parties may well procure for themselves etc. Signed, Hen. Peers, W. Gordon, Mary Gordon, Mary Whitehead. 2 1/2 large pp. [C.O. 137, 16. ff. 76–78, 79?.]
March 11.
534. Bishop of Durham to the Duke of Newcastle. Recommends Mr. Bradley, Attorney General of New York, to fill a vacancy in the Council, (?. Jan. 1st.) Signed, W. Duresme. 3/4 p. [C.O. 5, 1092. No. 37.]
[Mar. 11.]535. Petition of Thomas Rowland to the King. Lt. Col. Daniel Smith, then C. in C., granted 150 acres in the late French part of St. Christophers, to petitioner's father, Charles Rowland. He gave 43 acres thereof to petitioner, who improved the same at great trouble and expence. A separate new grant of the latter part was obtained by petitioner from Governor Hart, but still in the name of petitioner's father, for fear it might prejudice his title to the rest. Grant described. Petitioner's father being dead, Governor Hart is about to take advantage thereof by making a new grant of the said lands to another person etc. Prays for a grant continuing him in possession. Endorsed, Reced. June 18, 1725. Mr. Sharpe for petitioner has no proof besides the grant. 2 pp. Annexed,535. i. Duke of Newcastle to Mr. Attorney General. Whitehall. March 11, 1725. H.M. refers preceding for his opinion thereon. Signed, Holles Newcastle. 1/4 p. [C.O. 239, 1. No. 31.]
March 11.
536. Duke of Newcastle to the Council of Trade and Plantations. Encloses following for their report. Signed, Holles Newcastle. Endorsed, Recd. 8th, Read 23rd June, 1725. 3/4 p. Enclosed,
536. i. Petition of T. Rowland, as preceding. Prays to be continued in possession etc. [C.O. 152, 15. ff. 111, 112–113?., 115?.]
[Mar. 11.]537. Traders and planters concerned in Jamaica now residing in Great Britain to the Council of Trade and Plantations. Represent that the Acts of Jamaica complained of (?. 10th Dec., 1724), are agreable to H.M. Orders, which permit a tax upon negroes bought there. The money arising from the tax upon negroes imported supports a sloop to guard the coast from pirates, by which the South Sea Company benefits. The duty on flour is only upon that imported from the Northern Colonies, and as to its affecting the Assiento trade, it is well known that the provisions they give their negores, are only Indian corn, horse-beans and plaintains. The Northern Colonies lay such high duties on the product of Jamaica, as amounts to almost a prohibition. The Assembly is at a loss where to find funds for the support of the Government, etc. Signed, Wm. Pusey and 14 others. Endorsed, Recd. Read 11th March, 1724/5. 8 large pp. [C.O. 137, 16. ff. 23–26?., 28?.]
March 12.
538. Council of Trade and Plantations to the Duke of Newcastle. Representation upon reference of petitions from the South Sea Company &c., 10th Dec, 1724. The petitioners not being prepared to ascertain the several facts complained of in their petitions, we cannot hitherto come to any determination thereupon. However observing that their complaint is chiefly founded upon the breach of an Instruction supposed to have been given to the Duke of Portland, of which Instruction we have no copy in our Office except that annexed to the petition of the South Sea Company, we are doubtful whether the Duke of Portland ever had such Instruction, for it would seem to us that this Instruction was prepared as the Order of Council directs by one of H.M. Principal Secretaries of State and directly transmitted to Sir N. Lawes, but no copy thereof having been transmitted to this Office otherwise than as aforesaid it was not possible for us to incorporate the same in the body of the Duke of Portland's Instructions prepared by us. But this being a matter of great consequence to H.M. service and to the trade of Great Britain we must desire your Grace would be pleased to obtain H.M. Orders for preparing an Instruction to the like effect to be forthwith transmitted to the Duke of Portland, and that for the future your Grace will please to give directions that all matters relating to the Plantations transacted in your Grace's Office may be regularly communicated to us that we may thereby be the better able to govern ourselves in such things as may appear for H.M. service. Autograph signatures. 3 pp. [C.O. 137, 46. No. 46; and 138, 17. pp. 24–26.]
March 13.
539. Mr. Popple to Mr. Wescomb. Reply to 3rd March. Some of the Directors of the South Sea Company having promised to put in writing what they had further to offer, in relation to the duties laid in Jamaica on negroes and flowers, My Lords have yet taken no resolution thereon. [C.O. 138, 17. pp. 26, 27.]
[Mar. 15.]540. Memorandum of report by Mr. Attorney and Mr. Solicitor General, on Dr. Berkeley's petition for leave to erect a College in Bermuda etc. ? 6th March. [C.O. 37, 28. No. 32].
March 17.
541. Duke of Newcastle to Governor Worsley. This will be delivered to you by Mr. Henry Justice, who was employed in the Earl of Lincoln's Office during the greatest part of the time he was Pay Master General, and that the Office has been kept up for making out the accounts, which being now nearly finished, and the young man being willing to try his fortune abroad, his Lop. does earnestly recommend him as one bred to writing and accounts and well qualified for any business of that kind, and of whose fidelity, care and diligence, he has had sufficient experience. I beg leave to recommend him to your protection, and if there should happen any opportunity of your putting him into a suitable employment, I should take yor. goodness to him in it as a particular obligation. Signed, Holles Newcastle. [C.O. 324, 35. p. 115.]
March 18.
542. Mr. Popple to Anthony Balam. Asks for an account of imports and exports of New York "from Xmas, 1720 to Xmas last." [C.O. 5, 1124. p. 356.]
March 19.
543. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
543. i. Same to the King. We have discoursed Henry Rosst concerning the nature of the settlement he proposes to make (?. 4th Feb.). There are two small islands, the one called Tucker or Tuckett and the other Dorrell Island lying in the great sound of Bermudas, oposit to Warwick tribe, which, as we are inform'd, are at present uncultivated, and are in your Majesty's disposal, and as Mr. Rosst proposes to plant, settle and improve them, we have no objection why your Majesty may not graciously be pleased to send orders under your sign manual to Col. Hope to grant to petitioner and his heirs, or to any person in trust for him, the said two small Islands under the great seal of Bermuda, provided the same are not already granted to some other person, under the following conditions vizt., That petitioner be obliged effectually to plant and cultivate the said Islands within the space of five years, from the date of the grant to be made; and that he do pay as an acknowledgement to your Majesty, an annual rent of six pence per acre for the same, to commence three years after the date of the said grant. Autograph signatures. 2 pp. [C.O. 37, 26. Nos. 35, 35 i; and 38, 8. pp. 29–32.]
March 20.544. Mr. Harris to Mr. Popple. Since attending the Board on the subject of the import duty on negroes, has heard that £10 per head has been charged upon two of his ships' cargoes some time after the expiration of that duty, it being intended by the next Assembly to renew the duty and compel payment post factum. If this duty is confirmed, few negroes can be imported there, as for many years past African traders have seldom gained more than the freight of their ships, consequently this duty is to all intents and purposes a duty laid by the planters of 25s. per ton on the freight of all British ships trading to Guinea and Jamaica etc. A law for a similar tax in Virginia has been disallowed (30th April, 1724). All the Colonies would certainly find dutys enough to lay on the British trade to maintain their respective Governments, if it was longer to be endured, and such Acts confirmed here. The duty on negroes exported needs a clause to excuse such negroes as are to be carried to other British Colonies, for it is usual to sell part of a cargo at Jamaica and send the rest to Virginia, Carolina etc. Other duties may easily be found not injurious to British trade or hard on themselves, as a duty of £15 pr. head on negroes in each plantation or an addition to the quit-rents especially where lands are not cultivated. Concludes: It cannot be foreign to this matter to consider to what a condition this Island is reduced, by reason of people being lessned to what it was in former times when it was the terror of the Spaniard, and all others, and that this is oweing to the decrease of the small freeholds, by reason of the greater eating up or buying out all the lesser planters and keeping vast tracts of land unoccupied and no sufficient encouragement given to new setlers, wch. if remedyed the Island would be trebly more peopled then 'tis in a little time so as to be capable of defending itself and of raising taxes sufficient to support their civil Government without the imme[n]se expences of our fleets in time of warr or without taxing the British trade in time of peace etc. Signed, Rd. Harris. Endorsed, Recd. 24th March, Read 6th April,, 1725. 3 3/4 pp. [C.O.137, 16. ff. 34–35?., 36?.]
March 20.545. Mr. Attorney General to the Duke of Newcastle. In obedience to your Grace's commands of 18th instant, I return Governor Shute's Memorial, with reply of the Representatives etc. Signed, P. Yorke. 1 p. [C.O. 5, 752. No. 26.]
March 22.546. J. Manley to Henry Lascelles, Collector. List of Searcher's fees at Spieghts, Barbados. Note by Searcher: Ships seldom touch at this port, or any vessells but little sloops from New England, and those very few. Signed, J. Manley, Searcher. Addressed. 1 p. [C.O. 28, 39. No. 20.]
March 23.
547. Duke of Newcastle to Governor Worsley. Application having been made by persons of great distinction whom I am desirous to oblige, that Mr. Othnial Haggart may be made one of H.M. Council in Barbadoes, I take the liberty to desire that you will transmit his name to be added to the list of persons recommended by you to supply any vacancy that may happen etc., unless you have any objection to the contrary, in which case you will please to let me know it. Signed, Holies Newcastle. [C.O. 324, 35. pp. 115, 116.]
March 25.548. Petty Expenses of the Board of Trade, Christmas to Lady Day, 1725. £122 15s. 9 1/4d.. 3/4 p. [C.O. 388, 78. f. 117.]
March 25.549. Stationer's Bill for same, Jan.–March 25. £64 2s. 10d. Endorsed, Read July 6, 1725. 2 1/2 pp. [C.O. 388, 78. ff. 121–122?.]
March 25.550. Postage for same. £22 10s. 6d. Same endorsement. 1 p. [C.O. 388, 78. ff. 125, 125?.]
March 27.
St. James's.
551. Order of King in Council. Approving of report of Committee of Privy Council (set out, A.P.C. 111. pp. 113–115), and ordering that the proceedings commenced in the Court of Chancery for repealing the patent of Robert Cunyngham be not stayed until he surrender his present grant, and agree to accept a new grant, exclusive of the lands now in the possession of John Spooner etc. Signed, Robert Hales. 2 3/4 pp. [C.O. 239, 1. No. 32.]
[Mar. 27.]552. Petition of John Spooner to the Lords of the Committee of the Privy Council. Prays that a short day be appointed for hearing Mr. Cunyngham's petition, it having been found that the scire facias agreed upon by them before the Committee cannot be brought till next term, and Spooner's affairs calling for his immediate return to the West Indies, 3/4p. [C.O. 239, 1. No. 33.]
March 27.
553. Governor Nicholson to the Council of Trade and Plantations. Refers to letter of 27th Feb. Continues: I thank God the affairs of the Assembly goes on very well tho' they meet with a great deal of trouble concerning the laying of the tax which amounts to £16,658 18s. 1d. to be levyed upon lands and slaves etc. which was past the 24th of this instant in the evening and I herewith humbly transmitt a rough accot. I had from Collo. Parris as Treasurer but his accots. which are very many and different natures can't be quite finished til please God the Assembly sitts again which are adjourned only to the sixth of the next month. I herewith also send your Lordps. a rough accot. which I had from Major Thomas Hepworth one of the three Gent, appointed by Act of Assembly for printing the new bills, those bills in the Treasurer's hands vizt. three thousand odd hundred pounds will be burnt before the Assembly rises which I hope will be in a fortnight aftertheir meeting, the Bank Comissrs. have I think already burnt about £2000 out of the £4000 odd hundred and I am in hopes they will receive the remainder in order to be burnt in a fortnight or three weeks and then your Lordps. will please to see by the accot. that there will be £18,000 burnt. I find 'tis a general complaint that the bills are very scarce and that there is a great want of them in order to circulate the trade and this affair of the currency hath taken up much of the Assemblys time both in the House and Comittees and the like hath happened about settling the Indian Trade and affairs but I hope in God before the Assembly brake up those affairs will be settled to your Lordps.' satisfaction. P.S. Refers to enclosure and repeats part of 27th Feb. Adds a note as to the method of assessing the new tax. Signed, Fr. Nicholson. Endorsed, Recd. 31st May, Read 18th Nov., 1725. 1 1/2 pp. Enclosed,
553. i. Account of old bills burnt £66,482 10s. 9d., new bills burnt, £18,788; new bills in currency, £87,694 10s. 9d. 27th March, 1725. Same endorsement. 2 pp.
553. ii. Account of new bills burnt by the Commissioners of the Bank. Same endorsement. Copy. 1 p.
553. iii. Duplicate of preceding.
553. iv. Treasurer's accounts of Feb. 15, 1724–1725. Import and export duties, £16,761 11s. 9d. Balance of bills burnt and to be burnt, £10,678 5s. 1d. Same endorsement. 2 pp. [C.O. 5, 359. ff. 290, 290?.; 291?., 292?.–293?., 294?.–295?., 296?.–297?.; and (abstract of covering letter) 5, 406. p. 24.]
March 27.
St. James's.
554. Order of King in Council. Approving appointment of Sir R. Everard (?. 27th Feb.) Signed, Edward Southwell. Endorsed, Recd. 25th March, Read 6th April, 1725. 11/3rd pp. [C.O. 5, 1266. ff 182, 182?., 188?.]
March 27.
St. James's.
555. Order of King in Council. Confirming Act of Pennsylvania, prescribing the forms of declaration of fidelity, adjuration and affirmation instead of the forms heretofore required. Signed, Edward Southwell. Endorsed, Recd. 4th, Read 6th April, 1725. 1 p. [C.O. 5, 1266. ff. 184, 185?.]
March 30.
556. Mr. Delafaye to Governor Burnet. Reply to 24th Nov., 1724. I have taken care that Mr. Ingoldesby should be called upon to repair to his post etc., also I am told is accordingly gone, and that you may have no difficulty to let my nephew Riggs come over, you will herewith receive H.M. licence for it under ye King's own hand and in ye amplest form; if I could have thought any thing else necessary it would have been done. As to wt. yor. Excy. mentions concerning Mrs. Riggs, I hope she took some expressions more unkindly than they were meant, being very unwilling to make ye least doubt of your friendship for me, or your regard for ye Office in which I have the honour to serve. My Ld. D. of Newcastle approves very well ye method in wch. yor. Excy. writes to him. You will by the next opportunity receive from his Grace an answer to your last letters. I shall then write more fully than I have time to do at present, particularly in relation to Mr. Walpole's affair as Auditor, who most certainly meets with very hard treatmt. I hope the Gentlemen concerned will consider better of it and will esteem (?) that it is both just and necessary that the King's prerogative and the rights of his officers shd. be supported. I could wish all ye other Colonys as well as yours were free from complaints of ye like nature, but ye greater and more general ye evil, ye more urgent is ye necessity of applying proper remedys. You will pardon my warmth in ye cause of a good friend and old acquaintance who on that score claims my particular regard as he does that of all honest men on account of ye very important services he is daily doing to his King and Country in a most critical conjuncture; for certainly no Minister ever acted better or with so great success wch. ye King and all his servants here are very sensible of etc. Corrected draft in Charles Delafaye's hand. 2 1/2 pp. [C.O. 5, 1092. No. 38.]
March 30.
St. James's.
557. H.M. licence of absence for one year to Lieut. Richard Riggs, "in order to perfect himself in the knowledge of such arts and sciences as may render him the more capable of doing Us service "etc. Countersigned, Holies Newcastle. [C.O. 324, 35. pp. 116, 117.]
March 31.
558. Lt. Governor Dummer to the Council of Trade and Plantations. Refers to former letter, giving an account of the Indian war. Continues:—Which has been excited by the Governour of Canada who has supplied the salvages with all stores of war, has shelter'd them within his Government from our pursuits and has reciev'd them in triumph with the scalps of H.M. subjects slain by this barbarous enemy: which conduct etc. seems to me to be a notorious violation of the Treaty of Utrecht and in some respects makes the war with the Indians more difficult then if the French were our declared enemies; For by our successes in the last eight months we have driven them from their own settlements in our neighbourhood to the French territories from whence they make their incursions upon us, in small sculking parties and after mischief done retire thither again, where I am cautious of allowing any of our Companies to pursue them till I know H.M. pleasure in this respect etc. Notwithstanding the advantages we have lately had over the enemy and the distress'd circumstances we suppose they are reduced to, the expence of the war is so great and insupportable to this Province that unless it shall please God to put a speedy end to it, it will inevitably ruin us; which I humbly offer to your Lordships consideration to make such a representation thereof to H.M. as you shall think necessary for H.M. service and the safety and protection of these his Provinces. I should not trouble your Lordships any further, but that the French Governour of Canada has given me to understand that he shall address a complaint to his Master on the account of the death of the priest who was killed by our forces in the fight at Norridgewock of which please to take the following account. In the action, in August last, our forces destroyed a great number of the Indians and broke up that settlement among whom was Sebastian Ralle a Jesuit Missionary to that tribe and the great incendiary of this war who was slain in fight making actual resistance to the forces, at the same time attempting to kill an English captive in his hands and refusing to give or take quarter. To which account Colo. Harman Commander of the Forces at Norridgewock made solemn oath before me in Council etc. Refers to Minute of Council. Continues: This Jesuit had all along pushed the Indians upon their rebellions and marching at the head of two hundred armed salvages through one of the frontier towns of this Province before the war was declared threatned destruction to them if they did not speedily quit the said town, of which and more to this purpose H.E. Govr. Shute is well knowing; this I thought proper to hint to your Lordships in order to obviate any complaints that may be made by the French Governr. whose conduct in exciting and supporting the Indians in this war and drawing down many remote tribes with whom we have no concern, to their assistance (the truth of which I have sufficient testimonies to support and shall lay them before your Lordships if it be necessary for your satisfaction) should rather have put him upon offering at an apology than a complaint etc. Signed, Wm. Dummer. Endorsed, Recd. 7th, Read 13th May, 1725. 1 3/4 pp. [C.O. 5, 869. ff. 80, 80?i.; 81?.]