America and West Indies
June 1725

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Institute of Historical Research

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

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1936

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381-401

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'America and West Indies: June 1725 ', Calendar of State Papers Colonial, America and West Indies, Volume 34: 1724-1725 (1936), pp. 381-401. URL: http://www.british-history.ac.uk/report.aspx?compid=72411 Date accessed: 23 July 2014.


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Contents

June 1725

June 1.
Whitehall.
641. Duke of Newcastle to Governor the Duke of Portland. Acknowledges letter of 30th Dec. and 8th Feb., "which I purpose to answer more particularly than I am able to do at present, the King being just upon the point of his departure to Hanover, so that this is only to transmit H.M. Instruction to your Grace, empowering you to pass an Act for continuing the Revenue Act, and the other laws of Jamaica for one year longer from October next, in case you shall not before that time have received H.M. more particular commands upon that head. The intent of this Instruction being to prevent any inconvenience which might otherwise happen upon the expiration of the laws, your Grace will perceive that it is framed agreeable to that which was transmitted to you last year upon the same occasion." Signed, Holles Newcastle. Annexed,
641. i. H.M. Additional Instruction to Governor the Duke of Newcastle, St. James, 1st June, 1725. You may give your consent to another law for continuing the Revenue Act of 1703 for one year longer, from 1st Oct. etc. cf. C.S.P. 30th July, 1724. Signed, G.R. [C.O. 324, 35. pp. 135–137.]
June 1.
St. James's.
642. Order of King in Council. Appointing Henry Stout to the Council of Jamaica in the place of Col. John Sadler decd. Signed, Temple Stanyan. Endorsed, Recd. 19th Aug., Read 7th Oct., 1725. 1 p. [C.O. 137, 16. ff 119, 120?.]
June 1.
St. James's.
643. Order of King in Council. Approving draught of Additional Instruction to the Governor of Jamaica ?. 27th May. Signed and endorsed as preceding, 3/4 .p. [C.O. 137, 16. ff. 121,122?.]
June 1.
St. James's.
644. Order of King in Council. Approving report of the Committee upon the complaints of Governor Shute, and ordering Mr. Attorney and Mr. Solicitor General to prepare the draught of an explanatory Charter for the Massachusetts Bay as therein proposed, Jan. 18. (?. A.P.C. III. No. 75.) Signed, Ja. Vernon. Endorsed, Recd. 19th Aug., Read 7th Oct., 1725. [C.O. 5, 869. ff. 206–210, 211?.]
June 1.
Whitehall.
645. Council of Trade and Plantations to the Duke of Newcastle. Enclose following. Autograph signatures. 1 p. Enclosed,645. i. Same to the King. Recommend that William Tosach be recompensed for the loss of his house at Placentia, taken for H.M. use within the new fortification. ?. Treasury Papers, 1725, p. 343. [C.O. 195, 7. pp. 137–139; and (without enclosure) 152, 40. No. 15.]
June 2.
Jamaica,
Spanish
Town.
646. Governor the Duke of Portland to the Council of Trade and Plantations. Since my last etc., 12th Aprill, every thing has been quiett here etc. Expects letters with some impatience etc. P.S. Mr. Feilding who was my Secretary dyed the day before yesterday after a feaver of four days. His death putts me att present under some difficulties. Signed, Portland. Endorsed, Recd. 9th Augt., 1725, Read 4th March, 1725/6. Holograph. 1 p. [C.O. 137, 16. ff. 143, 144?.]
June 2.
Jamaica, Spanish
Town.
647. Same to the Duke of Newcastle. Repeats preceding. Endorsed, R. Augt. 12th, 1725. Holograph. 2 pp. [C.O. 137, 52. ff. 151, 151?., 152?.]
June 2.
St. Christophers.
648. Governor Hart to the Duke of Newcastle. I have lately receiv'd the honour of your Grace's commands with an inclos'd petition of Mrs. Sarah Houblon to your Grace, setting forth, that she had filed her bill in Chancery at Antego against one Ward, to which Ward had given in an answer: and that she had petition'd me for an injunction in Chancery to stay Ward's execution, which had been deny'd by me. That she again petition'd me, that a day might be appointed for hearing her cause, but that I cou'd not be prevail'd with to grant the same etc. Replies: By the oath of Edward Parris (enclosed) it appears that Mrs. Houblon's bill was filed in Nevis, not Antegoa. It is true I was petition'd for an injunction, and made the usual order on it, to prevent surprize vizt., "granted unless cause shewn to the contrary in a certain number of days." I find by the oath of John Balaguier, Register of the Court of Chancery of St. Christophers, that there was a hearing before me on the said petition, in that Island; and that there was eight days more given Mrs. Houblon's Council (which I presume will be thought an indulgence) to maintain her petition. But on the stricktest enquiry I do not find that there was been any motion or proceeding on behalf of petitioner since that order; nor can I find that there was any petition offer'd me, as is set forth, for a day of hearing; which, if there had, I never shou'd have deny'd, nor never did to anyone that pray'd it: and am ready to grant a hearing when it is properly desir'd in this cause etc. Continues:—If Mrs. Houblon has reason to complain, it is for the want of due prosecutions of her cause by her lawyers here etc. Refers to Mr. Wavel Smith's complaint against him, to which he is preparing an answer for the Lords Commrs. of Trade, and does not doubt to make it evident that "I never have taken one individual branch from his office; on the contrary have added so many to it, by my Commission, that his income is very much increased beyond what ever any of his predecessors enjoy'd by their patents or places. It is with a profound submission to your Grace's superiour judgement, that I beg leave to represent that unhappy is the fate of H.M. Governours, if they are perpetually pursued with unreasonable complaints, without any reparation for the injuries they may receive by them in their reputations or fortunes; besides the pleasure of justifying themselves, that they have acted with honour and integrity in their stations, and that such complaints are groundless or triffling. I do not presume from hence to intimate that Governors are infalible more than the people; I am sensible that both have an equal pretence to H.M. protection, and that they are peculiarly happy to be in the province of a Minister, just and generous as your Grace is, who will at the same time support the dignity of the Crown in the offices of its Governors, with an equitable and tender regard to the rights and privilidges of the subject, and condemn neither unheard. Having had the honour to reside as Governor more than ten years in the Plantations: and as my station in Maryland, which is the center of the Brittish Colonies on the Continent of America: and my present situation in the Leeward Islands, also, the center of those in the West Indies, has given me some knowledge of the transactions in the several Governments, and of the dispositions of the inhabitants; who are but too apt, if they are not gratifyed in their, perhaps, unreasonable expectations from the respective Governors, immediately to have recourse to complaints against them, to the Ministry; to whom they give much trouble, and to the great vexation and expence of the Governors; which is usually attended with animosities, creates parties, and flings everything into confusion in the Colonies. I perswade myself, that it will not be unacceptable to your Grace, if a remedy can be found out for these evils in the Plantations, so considerable a part of the British Dominion, immediately in your Grace's province, and under your protection. Hence it is, with a submissive resignation, I humbly propose to your Grace's consideration whether, that all Governors that are in, or shall hereafter at their entering into their offices, give sufficient bonds in Great Britain, to answer all complaints that shall be exhibited against them: and stand to ye award, and pay the damages that any of the subjects shall sustain, by any unlawfull, or unwarrantable act of theirs during their Government. On the other side all persons exhibiting complaints against the respective Governors, shall enter into the bonds before they are receiv'd, to make good their allegations; and also stand to such award as shall be given against them, in case their complaints shall be adjudged untrue, or triffling and vexatious. In my humble opinion some such method, would be a caution to the Governors how they acted in their stations; and to the complainants, that they wou'd not advance anything that was not founded on law and reason. But where this judicial authority shall be lodg'd, or what powers may be thought proper to make the obligations on the Governors and people binding to enter into bonds, and stand to the awards mention'd, is humbly submitted to your Grace's great wisdom" etc. Concludes:—As I have had the misfortune to be, for more than two years of the time of my residence here, vizited with many violent fevers, even to the deprivation of the use of my limbs; and tho' I enjoy at present a tolerable state of health, yet I have reason to expect a return of these distempers incident to the climate: But as H.M. Instructions prohibits my return to Great Britain without his royal licence. I beseech your Grace to intercede with H.M., ever good and gracious, that I may have his licence to return for Great Britain for six months, that in case of extremity I may receive the benefit of it. I hope it will not be esteem'd from the purpose, if I take the liberty to remark to your Grace, that not one Governor of the Leeward Islands has liv'd to return for England, (except Mr. Douglass, who was remanded) for thirty-six years past etc. Signed. John Hart. Endorsed, Rd. Nov. 17th. 7 pp. Enclosed,
648. i. Certificate by Governor Hart that the following depositions were sworn before him etc. 17th May, 1725. 1/2 p.
648. ii. Deposition of John Balaguier, Depty. Secretary of St. Christophers, 17th May, 1725. Quotes records of the Court of Chancery as above. Signed, Jno. Balaguier. 3/4 p.
648. ii. Deposition of Edward Parris, Depty. Secretary of Nevis, 11th May, 1725. The following extracts are exact copies of all the actions on and proceedings in the case of Houblon ?. John Ward etc. Signed, Edward Parris. 3/4 p.
648. iii. Minutes of the Court of King's Bench and Common Pleas, Nevis, 2nd May, 1721, 2nd July, 1723, 3rd March, 1724, referred to in preceding. 2 pp. [C.O. 152, 42. Nos. 142–146.]
June 2.
St. James's.
649. H.M. Warrant to Mr. Attorney or Solicitor General for preparing a bill for H.M. signature, revoking his former letters patent and regranting to John Cornelius the office of Clerk of the Naval Office, Barbados. Countersigned, Holles Newcastle. Copy. [C.O. 324, 35. pp. 138–140.]
June 2.
Whitehall.
650. Duke of Newcastle to Governor Nicholson. In your letter of the 12th of March, 1723/4, I receiv'd the report of the Committees of the Council and Assembly of South Carolina, being in answer to a complaint made by the Marquis de Pozobueno, the Spanish minister here, concerning a new fort in that Province, which he alledges to be built on the territory belonging to the Crown of Spain. As it appears by that report, that the land, on which the fort is built, was always lookt upon as a part of the Province of South Carolina, and that the Spaniards never were in possession of any lands upon the River of Attamaha, I did, by H.M. command, communicate to the Spanish Minister such part of the said report, as might be necessary for the information of His Court, and in order to convince them, that their pretensions to that territory are not well grounded. However as they are desirous, that a more full and exact enquiry should be made into the state of this matter, and the Governor of Florida having received His Catholic Majesty's orders to act in concert with you, in order to settle the respective limits between the two Crowns, H.M. is very willing to do everything that can be expected on His part, both for adjusting the point in question, and for preventing any the like dispute for the future, and therefore readily consents to what has been proposed by the Crown of Spain for this purpose. Accordingly, I am commanded to signify H.M. pleasure to you, that, upon any application that shall be made to you by the Governor of Florida, or any others authorized by his Cath. Majesty, you should concurr with them in your joint endeavours to fix and ascertain the boundaries of each territory, and to clear up any doubt that may remain concerning the fort in question, and this you are to do with the greatest care and exactness that the case will admitt of, and in the most civil and friendly manner, so as to avoid all occasions of interrupting the friendship and good correspondence subsisting between the two Crowns: After you have made such an enquiry in conjunction with the Governor of Florida, or other Spanish Commissary's, you are by the first oppertunity to transmit hither a particular account of your proceedings therein, together with your opinion upon the whole, in order to my laying the same before H.M. for his final determination of this affair. The said Spanish Minister has made another article of complaint against H.M. subjects of Carolina, in that they endeavour to seduce the neighbouring Indians and to withdraw them from the obedience they are under to the Crown of Spain. Whereupon H.M. directs you to cause a proper enquiry to be made into this matter likewise, and in case the complaint shall appear to be well founded, you are to give the necessary orders, that it may be effectually redressed, and to use your best endeavours, that the subjects of the two Crowns may in all respects live in a perfect good neighbourhood. For your more particular information encloses copies of letters from the Marquis de Pozobueno 4 June,/24 May, 1725. "entered in the Spanish Minister's book." Continues: It is so long since you had H.M. leave to return hither upon your private affairs, that I expected to have seen you here before now, and therefore in case this letter should not find you in Carolina, I have ordered it to be addressed to you, or to such persons, as shall be charged with the Governmt. of that Province during your absence and they are directed to pursue the orders contained in it. Signed, Holles Newcastle. Copy. [C.O. 324, 35. pp. 141–143.]
June 2.
St. James's.
651. H.M. Warrant appointing Henry Stout to the Council of Jamaica, in the room of John Sadler, decd. Copy. [C.O. 324, 35. p. 144.]
June 3.
Whitehall.
652. Duke of Newcastle to Governor Burnett. Acknowledges letters of 21st Nov. and 2nd Jan. Continues:—The matters they contain being for the most part under the consideration of the Board of Trade, I shall only at this time acquaint you that H.M. approved the assistance you gave to the Deputys from Boston in their endeavours to engage the Six Nations of Indians to joyn with them against the Eastern Indians; This mutual help which the Colonys ought upon all occasions to give to one another, is what it is feared has been too much neglected, but H.M. hopes his people in the several Plantations will consider themselves as belonging to the same countrey, subjects to the same Prince, and having not only the same dependance, but the same interest; for whatever private advantage might result to one Colony from the distress of another, their acting on a separate bottom must in the end be the ruin of them all. H.M. does likewise approve your endeavours to encourage a trade with the Indians, which will conduce both to the advantage of the Provinces under your Government, and to their security, by making those people better acquainted with the planters and more friendly towards them, but you must by enjoyning those under your Government to be just and punctual in their dealings with the Indians and by doing justice to the latter upon any complaint, make this trade answer those good ends, otherwise it might prove the occasion of quarrels and disputes, and do more mischief than service to the Plantations. This method, in which you pursue H.M. Instructions to you in relation to your correspendence by sending me a recapitulation of what you write to the Board of Trade and inclosing copys of your letters to them, in which the particulars are set forth more at large, is a very good one, and will make it more easy to H.M. to inform himself of the state of your Government. You will find that I have some time ago procured H.M. warrant for Mr. Lettice Hooper to be Chief Justice of New Jersey, as also H.M. letter for Mr. Philip Levingston to be of H.M. Council in the Province of New York, and I shall always have a due regard to your recommendations, as what will tend to support your authority, and the better enable you to carry on H.M. service there; But at the same time I must in a very earnest manner recommend it to you to be carefull in the choice of the persons, in whose favour you apply, that they be well qualified for the employments for which you design them, and Gentlemen, who by their personal interest in the country where they reside may contribute to the support of H.M. authority and the carrying on of his service in those parts, and that you be carefull to avoid showing any regard to party destinctions, and to support those whom H.M. thinks fit to put in office under you in the just and legal exercise of their respective employment. Upon this occasion I am, by the King's express command, to take notice to you of the great hardship and injustice that Mr. Walpole (a Gentleman whose extraordinary merits and services to H.M. and to his country, especially at this time, as Ambassador in France, have more particularly entitled him to the King's favour) meets with in relation to his Office of Auditor General of H.M. Revenues in the Plantations: They are so well known to you from the letters that have been written to you upon this subject by my predecessor in the Secretary's Office and by the Lords Comrs. of the Treasury, that I need not here make a repetition of them: But I must take notice to you, that the pretences which the Assembly of your Province make use of to deprive him of his perquisites and indeed to set aside in effect an Office, which has been thought necessary, in order to a just and regular administration of the publick revenue, are very frivolous, being chiefly, that it is a burthen upon the Province, which it cannot support, at the same time that they do unnecessarily set aside H.M. Receiver, who has a salary for the execution of his office, and appoint one of their own with perquisites equal to those claimed by H.M. Auditor, which plainly shows that the poverty of the Province is not the true reason of their endeavouring to set him aside, as they have in effect done the King's Receiver. The Prerogative of the Crown is so apparently concerned in this affair, that I need not enlarge upon the necessity there is, that you should more particularly upon this occasion pursue that part of your Instructions by which you are directed to support those, who by patents under the Great Seal derive from it their title to the exercise of their employments, and to the rewards, which H.M. appointment, or the rules and customs establisht in that respect, have annext to those employments; and the repeated instances of the obstinacy of the Assembly in a point so unjustifiable might create a suspicion, that you either have little interest among them, or that you have not exerted it to such a degree, as was requisite to answer the end you proposed. What I am now in a more particular manner to signify to you, as H.M. express pleasure upon this head, is, that you give the Deputy Auditor all the legal assistance and support in your power in the execution of his office by calling all those to account, who have had the receipt and management of the publick money, or prosecuting them on their refusall: that you discountenance and discourage any attempts, by vote of Assembly or otherwise, to support such persons in their refusal to account to the Auditors; that you do not pass any money bills in which there shall be any clause, that may give a pretence to the Receivers of the supplys thereby granted, not to account to H.M. by his proper Patent Officer the Auditor: and that you do assist by all legall means the Auditor's Deputy, in receiving the recompense due to the Auditor for auditing the said accounts. If you will carefully read over the Instructions you have from time to time received from H.M. you will find there is nothing enjoyned you upon this occasion, but what is agreable thereto, a strict complyance with which H.M. expects from you. I have as you desired called upon Mr. Ingoldesby, a Lieutenant in your Company and Adjutant to the forces in New York to repair to his post and have taken care, that he should have no new licence of absence; and not having heard anything of late concerning him, I hope that he is set out for New York according to the promise he made me. Signed, Holles Newcastle. [C.O. 324, 35. pp. 145–150.]
June 5.
New
Providence.
653. Governor Phenney to the Duke of Newcastle. Duplicates of covering letter and enclosures April 16th, with postscript and following additional enclosures. Signed, G. Phenney. Enclosed,
653. i. Deposition of Roger Stevens of Bristol, mariner. N. Providence. 6th May, 1725. Captured in the Jolly Batchelor, of London, bound with logwood from Honduras to Jamaica, October last, off the Islands of Utille, by Farrington Spriggs, a pirate, deponent with several others was forced to go with him. When Spriggs took the sloop Susannah, he put deponent on board under the command of Philip Lyne, whence he escaped etc. Gives names of several forced men who were serving with the pirates. Signed, Roger Stevens. Copy. 1 p.
653. ii. Deposition, similar to preceding. Signed, John Ekines. Copy. 1 p. [C.O. 23, 13. ff. 209–224.]
June 5.
New
Providence.
654. Governor Phenney to the Council of Trade and Plantations. Duplicate of preceding covering letter. "A sloop being run away with from Line the pirate at Turks Islands was brought in here by two saylers whose affidavits are enclos'd" etc. Signed, G. Phenney. Endorsed, Recd. 16th, Read 19th Aug., 1725. 2 pp. Enclosed,
654. i., ii. Duplicates of preceding enclosures. [C.O. 23, 1. Nos. 57, 57. i, ii.]
June 5.
New York.
655. Governor Burnet to the Duke of Newcastle. Asks for confirmation of his appointment of John Price, a half pay lieutenant to be lieutenant in Capt. Henry Holland's company, in the room of Lt. Philip Schuyler, decd. Price "has remained in this country by order from home ever since the Expedition against Canada in which he was an officer, so that he has waited fifteen years for a vacancy to come into the service upon the same foot as before without any other prospect and with a numerous family" etc. Signed, W. Burnet. Endorsed, Rd. 29th July. Holograph. 1 1/2 pp. [C.O. 5, 1092. No. 40; and 5, 1085. No. 52.]
June 8.
St. James's.
656. Mr. Shelton to Mr. Popple. In obedience to H.M. pleasure, signified by the Board, the Lords Proprietors of Carolina have agreed with M. Purry for transporting 1200 Swiss into S. Carolina upon terms very advantageous for them, 600 next autumn and the rest within three years. All of them upon their arrival are to be settled in the southern parts of the Province. The Lords Proprietors finding that the Switz were not able to defray the charges of their transportation, and they conceiving that such settlement would tend to increase H.M. Customs and the trade of the Kingdom, they have agreed with the said Purry, that they will be at the charges, not only of transporting them, but also that they shall not be chargeable with any quit-rents for the first three years. The great loss the Lords Proprietors have suffer'd by the non-payment of the quit-rents for many years pass't, and the discouragement that has been given by the present Governor to their officers, in collecting those rents is the occasion that they have not lately proceeded in granting their lands as usual, which they intend to do as soon as the present Governor is remov'd. Signed, Ri. Shelton. Endorsed, Recd. 12th, Read 15th June, 1725. 2 1/2 pp. [C.O. 5, 359. ff. 231–232?.]
June 8.
Whitehall.
657. Council of Trade and Plantations to Governor Hart. Acknowledge letters of 10th and 12th July. Continue:—Upon this occasion we must observe, that you have been remiss in your correspondence to us with respect to the several accounts you are required by your Instructions to transmit to us. We have given directions to our Secretary, to let you know what accounts have not been hitherto received, and desire you will be more punctual for the future etc. We have received Mr. West's opinion upon the 3 Acts of St. Christophers, transmitted with your foresaid letter of the 10th of July, but cannot make our report to the King upon the Act for establishing a Court of Kings Bench and Common Pleas, till you have sent your answer to Mr. Smith's petition against it, etc. (?. 9th March). We have sent to his Grace the Duke of Newcastle extracts of papers transmitted with your aforesaid letter of 12th of July in relation to the Danes having taken possession of St. Johns, and don't doubt but in a short time you will receive H.M. directions how to behave upon this occasion. As to Sir Wm. Codrington, he has acquainted us that he designs to return to Antego in a year's time, and therefore we do not think there is occasion to recommend any body in his room. Refer to their representation relating to Mr. Frye, April 27th. P.S. We have received your answers to the Queries, which seem to us to be very exact, and return you many thanks for them. [C.O. 153, 14. pp. 189, 191.]
June 15.
Whitehall.
658. Council of Trade and Plantations to the Lords Justices. In pursuance of letter of 1st Oct., 1724, to the Duke of Newcastle, enclose translation of the Danish Governor's reply relating to St. John's, with an extract of a letter from Governor Hart, for their orders thereupon. Autograph signatures 1 2/3 pp. Enclosed,
658. i, ii. Translations of the Governor of St. Thomas' letters to Governor Hart, May 23 and 25th June, 1724. (?. C.S.P. 1724 July 12 encl. iv–vii.) Signed, Thambsen. 2 3/4 and 3 pp.
658. iii. Extract of Governor Hart's letter 12th July, 1724. q.?. 1 1/2 pp. [C.O. 152, 40. Nos. 16, 16. i–iii.; and (without enclosures) 153, 14. p. 192.]
June 16.
Whitehall.
659. Same to Same. Report proceedings upon petition against Act of New York for the encouragement of the Indian trade etc. 30th April, 1724. Quote imports and exports of New York for three years immediately preceding and three years immediately following the first Act of this kind to show that "since the passing these Acts there has been an increase in the exports from Great Britain. And although it appears by the particular account of furs imported from New York, that fewer furs have been imported in the three years since the passing the sd. Act than in the three years before it, yet it is observeable that the importation of furs does already gradually increase and probably will Continue to do so and no just Conclusion can be drawn from an accidental diminution in the infancy of a trade so lately put in a new channel." Further observations upon the beaver trade and increased price of furs. As the matter has been so long and so strenuosly contested and facts very material have been positively affirmed and as positively denied, they have discoursed with Brigadier Hunter, "who conceives them to be highly necessary for the support of the British interest in America, in as much as they contributed to the keeping of the five Indian Nations firmly attached to us, and that this prohibition of commerce with the French may probably draw over several other nations of Indians to us, because they cannot be supply'd with the goods in greatest demand with them so cheap from the French as from the English; that in consequence of this prohibition, Montreal a considerable French settlement would in all likelyhood soon be deserted, that place subsisting only by the trade with Albany and selling the goods from thence to the Indians" etc. Further reflections by ex-Governor Hunter. Conclude:—It were absurd to imagine that the Legislature of any Province shou'd obstinately pursue a scheme for so many years together, without a thorough conviction of the utility that would result from it to their own country at least, and so much the rather because some of the principal traders in N. York are members of the Committee of Council, who signed the report etc.; and therefore we have all imaginable reason to believe that this prohibition of commerce may prove very advantagious to the British interest in America, and certain it is that a law of this kind under proper restrictions, is perfectly agreeable to the genl. tenor of H.M. Instructions to his Governor of New York. However it is certain that the Acts in question are lyable to great objections, not arising from the design of the law, but from the methods prescribed for the execution thereof," as to the oath and penalties imposed etc. Propose therefore that Governor Burnet be instructed to repeal said Acts by a new Act of Assembly, "whereby proper encouragements may be given to this new channel of trade and the abovementioned objections avoided." Set out, N.Y. Col. Does. V. pp. 760–763. [C.O. 5, 1124. pp. 366–379.]
June 16.
Whitehall.
660. Mr. Popple to Mr. Shelton. Reply to 8th inst. My Lords Commissioners very much approve of the agreemt. made with Monsr. John Peter Puny etc., which they think will be of great advantage to S. Carolina etc. [ C.O. 5, 400. p. 218.]
June 18.661. Duke of Manchester to the Duke of Newcastle. My Lord Duke, I beg your Grace will pardon me, but being to go out of town a monday morning, I take the liberty to put you in mind of the powder officer in the Leward Caribee Islands. When I talk with you concerning it, your Grace said that you would enquire about it. I hope by this time you have, and I shall take it as a particular favour to hear from you. I am, Your Grace's humble servant, Signed, Manchester. Holograph. 2 pp. [C.O. 152, 42. No. 147.]
June 19.
Antigua.
662. Council of Antego to the Council of Trade and Plantations. Enclose following (cf. 22nd Feb.). Signed, Thomas Morris, Will. Byam, Vall. Morris, Natha. Crump, Jno. Frye, Archd. Cochran, John Yeamans. Endorsed, Recd., Read 22nd Dec., 1725. 1 p. Enclosed,
662. i. Minutes of Council of Antigua, 21st and 26th Nov., 1724. Governor's Hart's Speech to the Council and Assembly and the Address of the Council in reply, relating to their dispute with the Governor (?. 1st March). Signed, as covering letter. Endorsed, Recd. 22nd Dec. 1725. Copy. 107 pp. [C.O. 152, 15. ff. 160, 161?., 162–215?.]
June 20.663. Galfridus Gray to the Council of Trade and Plantations. Offers a scheme for the preservation of all H.M. American subjects from the savage rage of Indians for ever. The method proposed is to cut a path through the woods on the back of all H.M. Colonies from Nova Scotia to S. Carolina, 1050 miles, with 100 blockhouses etc. Signed, Galfridus Gray. Endorsed, Recd. 20th, Read 27th Janry., 1725/6. 2 pp. Enclosed,
663. i. Demonstration of the time and charge of drawing the Indian barrier, above. 26th Jan., 1725. Signed, Galfridus Gray. 1 p. [C.O. 323, 8. No. 64.]
June 22.
Bermuda.
664. Lt. Governor Hope to the Duke of Newcastle. Your Grace has here inclos'd an account of the presumptious and illegal behaviour of George Tucker, Provost Marshall General, and Secretary to these Islands. I wou'd have suspended him from the execution of his office, had I not at the same time luckily discover'd that that was the only thing that he wanted. He is a native of this place, bred a shoe-maker, and fitt for no other business. The Gentleman that made him, allow'd him always to act by deputys, because of his incapacity; whereof I have already given an account, 12th April, 1723. He is now ruin'd in his circumstances past redemption etc., and has nothing but a desperate part to play; so that he has now join'd himself to two fellows who have been the firebrands of sedition in this Colony, and a plague to its Governors for these twenty years past. The story is long, but plain; so I shall beg leave to refer your Grace to Mr. Noden, Agent for this Colony etc. His chief design, was to shelter himself from his creditors, under the pretence of having been arbitrarily suspended, by a tyrannical Governor, hopeing thereby to render me obnoxious here, and to blacken me at home, as his vile associates already have done, to some purpose etc. Signed, John Hope. Endorsed, Rd. Feb. 28, 1725/6. 2 pp. [C.O. 37, 28. No. 33.]
June 22.
Bermuda.
665. Same to the Council of Trade and Plantations. Encloses duplicate of preceding for their information. Signed, John Hope. Endorsed, Recd, (from Mr. Aytoune) 28th, Read 30th June, 1726. Duplicate, original not received. Holograph. 1 p. Enclosed,
665. i. Duplicate of preceding letter to Duke of Newcastle. [C.O. 37, 11. ff. 226, 227, 227?., 229?.]
June 22.
Whitehall.
666. Order of Lords Justices in Council. Referring enclosed petition etc. to the Council of Trade and Plantations for their report. Signed, Temple Stanyan. Endorsed, Recd., Read 6th July, 1725. 3/4 p. Enclosed,
666. i. Petition of traders to the Leeward Islands to the King. Governor Hart has through the whole course of his administration sacrificed all considerations of duty to your Majesty and the welfare of the Islands to his insatiable avarice and resentments etc. Pray for a hearing of their Complaints and for his removal. Signed, William Stapleton and 20 others. Copy.1 1/2 pp.
666. ii. Same to the King. Contrary to his Instructions, Governor Hart has constantly endeavoured to obtain exorbitant sums from the Councils and Assemblies of the several Islands. Quote his proceedings in Antigua, St. Kitts and Montserrat. When the Assembly of Nevis represented the inability of the Island to make him a settlement in addition to his salary, he threatened that there should be no Court of Chancery and no Ordinance Office in that Island and that they should be obliged to send what Acts they passed to Antegoa for their assent and used abusive language to them. These threats he has in part put in practice. Copy. 7 1/2 pp. [C.O. 152, 15. ff. 116, 117–121?., 123.]
June 22.
Whitehall.
667. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,667. i. Address of Assembly of Antigua to the King. We humbly beg leave to tender our unfeigned and utmost zeal and affection for your Royal person and Government, and illustrious House etc. Express gratitude for the benefits of H.M. reign to their country, and for the appointment of Governor Hart, who by his prudence and zeal for H.M. service has justly asserted the royal prerogative and at the same time protected us in the liberties and properties of British subjects, and has ever given his assent to the laws they have proposed conducive to the good of the Colony. The bills brought in by them for making a settlement on the Governor having been disallowed by H.M., for reasons not communicated to them, "We shall, however, endeavour, (if the present obstacles may be removed) to repeat our resolutions for an honourable settlement on our Chief Governour; being convinced, that his residence in this island, which is the winder-most and most capable to assist and protect the others under his Government, will by that means be rendered less burthensome to him; and he not induced to be longer absent from us, than your Majesties affairs will necessarily require. Signed, Ashton Warner, Speaker. 1 large folded p. [C.O. 7, 1. Nos. 29, 29. i; and (Covering letter only) 153, 14. p. 193.]
June 23.
Boston.
668. Mr. Cumings to Mr. Popple. Refers to enclosure and his proposal of Oct. 10, 1724. Continues: The fishery at Canso this year is very great and like to be successfull, about 200 saill of small vessels gone from thesse parts to fish on that coast and if have protection will prove very considerable and beneficial to the British nation for returnes of the commodities imported here. The great currency of paper bills of credite very hurtfull to trade and the expedient of issuing them forth upon loan have been very prejudicial, thesse affairs of trade require serious consideration and a speedy releif etc. Signed, Archd. Cumings. Endorsed, Recd. 28th July, 1725, Read 11th Aug., 1726. Addressed. Sealed. Postmark, 3/4 p. Enclosed,
668. i. Memorial of Thomas Lechmere and the other Officers of H.M. Customs in New England to the Council of Trade and Plantations. Boston, 30th April, 1725. In reply to the Board's letter of 26th June, 1719, report as follows: Repeat Mr. Armstrong's comments on the export of horses to the Dutch and French Plantations (?. 10th Oct, 1724). In spite of the Acts of Parliament for the encouragement of Naval Stores, the inhabitants are dayly running into the making of Brittish manufactures as woollens etc. by which they will in some time have no occasion to correspond with Great Brittain for such commoditys, and to which great encouragement has been given of late years by severall Acts of each Government. They allsoe very much encourage the circulation of Province bills of creditt, and letting them out to interest upon land security, and by the said Acts enforcing them to be received by all H.M. subjects in all payments and Contracts (specialties excepted) as æquall to money, though the tenour of said bills say's only, shall be in all publick payments accepted by the Treasurer of each Province, and by reason of the great number of these bills, which amount to £400,000 or upwards in the severall Governments, and notwithstanding the publick faith and sanction to support them, and annually to sinke the number of them etc., which they sometimes evade by which the creditt of their said bills is sunk so low that they have lost in their vallue more then a moiety etc. This doth evidently shew that, we being obliged to receive them in all publick payments at the full vallue, how prejudiciall they are to H.M. Revenue, and of what dangerous consequence to trade and commerce, and how destructive to the industry and property of the subject, and those proceedings lead us to the source of such evills, which wee presume to take notice off in the following manner may open a scene, which will not a little surprize your Lordshipps. The gentlemen of this country (merchts. and monyed men excepted) who possess most of the improved and waste lands, are the majority of Members in the severall Generall Assemblys, they for the most part take up those bills, and circulate them upon the creditt of their own lands, without any mony or treasure laid up in bank to support them, and by their laws obliging them to be received in all payments by all persons, as lawfull tenders, by which they have taken in all monyed mens estates, and are now in these bills, and the merchants and traders, who are generally the possessors of the bills, must take the growth and produce of the country for them, which are risen to most extravagant prices: And the said Gentlemen are allso enabled by the said bills to carry on the manufactures beforemention'd, and to purchase more land, which is a great engrossing thereof, so that poor people comeing from Great Brittain and Ireland upon the prospect of haveing lands to settle on, and are the great riches of this large and uncultivated country, are in a great measure debarred, the land being in their possession, and raised to such great prices etc. These evills being seen into by most of the substantiall men of the country, a Committee of whom was appointed by the Generall Assembly at Boston, the Metropolis of North America, to consider of ways and means to redeem the credit of the bills, and unanimously aggreed that no more bills of creditt should be made, that what mony the Country should want upon publick expences, should be borrowed in these bills allready made, and that if those who had the bills upon mortgage would pay them in, they should have 10 p.c. discount etc., Yet notwithstanding these advantageous proposalls were rejected, and the said men now in the Massachusetts Bay have made an Act for emitting £30,000 more in these bills, without any alteration of tenour or form or indenture or escutcheon for carrying on an Indian warr, and postponed the canc elling of £27,000 of bills etc., which is a manifest breach of publick faith. And the Government of Rhode Island in like manner, tho' no ways concerned in the warr, not at all in debt, and are not above £800 per annum charge for supporting the charges of Government, yet at this time have passed an Act for continueing £80,000 at interest in these bills, which is very destructive to trade etc. Before these Assemblies concluded on these Acts, they received H.M. letter dated 31st Aug. last, commanding the Governors not to pass acts of an extraordinary nature etc. without a clause suspending the execution thereof untill it had the Roy all sanction. And notwithstanding such repeated commands these Acts have passed, and are putt in force without any such clause, which matter so tenderly affecting H.M. prerogative and revenue (wee haveing no face of mony but only in those bills) as likewise trade in generall and perticularly the commerce of Great Brittain, and soe injurious to the industry and property of the subject, these bills being sunk soe greatly in their vallue, many of them being very often counterfeited, the indenture worn out, and allmost quite defaced, that nothing can be foreseen but the utmost confusion even to the totall ruine of these H.M. dominions, unless the Royall Grace intervene for their preservation. And wee most humbly propose it as absolutely necessary, that the bills of each Government may be called in, or that the possessors of them, upon paying them into the Treasury, may have security from the Government for them, and lawfull interest paid, untill the Government hath redeemed the principall, by which the merchant who doth not lett his cash lye dead, may dispose of the bills he hath received, instead of being obliged to part with them at a great discount for the produce of the country, which hath been raised to most prodigious prices. Repeat Armstrong's statement as to imports of logwood from Spanish West Indies (?. Dec. 22, 1724), and propose that logwood so imported into the Plantations, be subject to be bonded to be carried to Great Britain, or if allowed to be exported to foreign markets, to pay a duty of 20s. sterling per tun upon exportation for the use of H.M., which will "prevent forreigners from haveing it at a cheaper rate then the Brittish merchants, as by the Act in the eigth year of His Majesty, it is paid at the exporting thereof from Great Brittain." Signed, Thos. Lechmere, John Jekyll, Nathl. Kay, Wm. Lambert, Hibbert Newton, Archd. Cumings. 2 pp. [C.O. 5, 869. 334, 335, 336, 336?., 337?.]
June 24.
Whitehall.
669. Mr. Popple to Lt. Govr. Gledhill. Encloses copy of petition of Thomas Salmon, with affidavits in proof of his complaints, for his answer thereto. Continues: I am also to remind you, that neither you, nor any of the Garrison of Placentia are to concern yourselves in the Fishery under pain of H.M. highest displeasure: and Col. Philips, upon a complaint of this nature, having communicated to you a copy of his Instructions to this purpose, my Lords Commrs. are inform'd you have not thought fit to take any notice thereof. I am to remind you that on 4th July, 1723, I acquainted you, by order of their Lordships, that there had been several complaints made against you by several merchants here, of the hardships they lay under in their fishing trade to Newfoundland, by your having ingaged therein, contrary to the duty of your office. Upon this you have not given my Lords any answer at all; instead of which my Lords Commissioners have been informed, that the people who have represented their case, in order to obtain some redress, have met with great discouragements in their business from you: I am therefore commanded to acquaint you, that their Lordships expect you will immediately not only give your answer to that complt., but also to this herewith sent: and that you do not upon any account whatsoever discourage or discountenance any of the parties who have exhibited complaints of grievances they lye under. My Lords Commissioners further acquaint you, that if you don't forthwith comply with their directions in this manner signify'd to you, they shall think themselves obliged to represent this affair to H.M. [C.O. 195, 7. pp. 139–142.]
June 24.670. Petty Expenses of the Board of Trade, Lady Day to Midsummer. £116 0s. 8 1/2d. [C.O. 388, 78. f. 119.]
June 24.671. Stationer's bill for same. £65 10s. Endorsed, Read July 6, 1725. 2 1/2 pp. [C.O. 388, 78. ff. 123–124?.]
June 24.672. Postage for same. £23 6s. Same endorsement. 1 p. [C.O. 388, 78. ff. 126, 127.]
June 24.673. Coal account for same. £29 7s. 10d. Same endorsement. 1 p. [C.O. 388, 78. ff. 127, 128?.]
June 25.
Boston.
674. Address of the Lt. Governor, Council and Representatives of the Massachusetts Bay to the King. This your Majesty's Government after many unjust and insufferable abuses, depredations, and insults committed by the Indians; instigated and excited by the French King's subjects, and more especially by Monsieur Vaudreuil Governor of Canada, were obliged contrary to their own inclinations to enter into a war with them which has now continued these three years and is become almost insupportable to this Province, by reason of the excessive charge thereof, besides the great loss your Majesty's subjects have sustained both in their husbandry and fishery and in their other business by sea and land, the slaying and captivating many of your Majesty's good subjects which is owing to the conduct of the said French Governor, and the wicked practices of the Jesuits, and other Romish priests, although the said Monsieur Vaudreuil has often by your Majesties Governour and Lieutenant Governour been wrote to on that head, and of late Commissioners were sent from this your Majesty's Government to demand of him to withdraw that aid and assistance he has afforded to our Indian enemys, notwithstanding which, and all the measures that have been taken to induce him to desist, he still goes on, and even while the Commissioners were in Canada the last winter, the said French Governor (as he had often done) was exciting and persuading several other tribes of Indians to the war against your Majesty's subjects of His Province: as the Indians themselves informed them after much expostulation on this head, with the said Governor, he had the assurance in behalf of the Indian enemy to insist upon it, that this Government should quit and abandon all the forts and towns for the space of thirty leagues on the sea coasts within the grant to this province, from your Majesty's Royal predecessors which has been settled and peopled more than seventy years, in which tract of land groweth most of the timber fit for building ships and masting your Majesty's Navy and the said French Governor countenanced the Indians, then in his presence in their demand of the whole country, or territory of L'Accadie or Nova Scotia, excepting only your Majesty's fort of Annapolis Royal; and that the British subjects should not fish in and about the sea coasts, whereby they would be stript of the most valuable branch of their trade and an unspeakable damage happen even unto your Majesty's Realm of Great Britain in both these Articles; and altho' it was strenuously urged by the Agents for this Province upon the French Governor, that his conduct herein was a manifest breach of the friendship between the two Crowns, and the Treaty of Peace concluded at Utrecht whereby all Nova Scotia or L'Accadie was surrendred up according to its ancient bounds or limits, to your Majesty your heirs and successors for ever, and the French King's subjects to have nothing to do therein; yet the said Governor has constantly a French Officer in the pay of the French King at the head of the Indians who resides in your Majesty's Dominions and we are informed by some of our captives, he hath been so inhuman as to suffer some of your Majesty's subjects to be murthered and burnt after they were taken. And upon this Government's demanding by their Commissioners your Majesty's subjects captivated by the Indians and in the hands of the French at Canada, the Governour of that country refused to deliver or return them, unless they were purchased and that at an exorbitant price; so that it cost the relations of some of those distressed people upwards of fifty pounds apiece for the recovery of their friends who are bought and sold and treated more like slaves than Christians. We would with all humility represent to your Majesty that the plain design of the French Governour in this management is to deprive your Majesty of your just sovereignty over those tribes of Indians, and to prevent your Majesties subjects settling in those parts of the country, and supplying your Royal Navy with masts plank and timber of all sorts, and threatens the destruction of the Fishery on the whole coast of L'Accadie and as far westward as Piscataqua River; all which would not only be an unjust diminution of your Majesty's rightful and extended dominion in North America but also prejudicial to the several Provinces and Governments therein, and even to the trade and commerce of Great Britain. And inasmuch as your Majesties Colonies of Rhode Island and Connecticut are covered by us, and the towns of this Province are a barrier and security to them, and your Majesties commands have been heretofore given to your several Governments of the Massachusets, New York Connecticut and Rhode Island for furnishing their respective quotas to each other in case of a war, and pursuant thereto we have made application to them for obtaining their quotas in the present war, yet we have not been able to prevail with them to furnish the same altho' this Government have heretofore supplied a considerable number of soldiers for the defence of Albany, within the Government of New York when in great distress by the enemy, We therefore humbly supplicate your most gracious Majesty that you will please to renew your commands to those Governments for that end, and that your Majesty will direct your Governour at New York, to use his interest with the Six Nations of Marquois bordering upon his Government to joyn with us against the Indian enemy. Signed, by order, Josiah Willard, Secretary. 1 7/8 pp. [C.O. 5, 10. No. 182.]
June 29.
Albemarle Street.
675. Bishop of Durham to [? the Duke of Newcastle]. Recommends Richard Bradely for the Council of New York in place of Gerrard Beekman decd. Signed, W. Duresme. Holograph. 1 p. [C.O. 5, 1085. No. 53.]
June 30.
Whitehall.
676. Council of Trade and Plantations to Governor the Duke of Portland. Acknowledge letters of 8th Feb. and 12th April. Continue: We are glad to hear that the dispute between your Grace and the Provost Marshall, is at last determin'd ; For tho' we shall always be ready to contribute wt. lyes in our power to make your Grace's administration easy, yet both our endeavours and your Grace's actions must be bounded by law, and as the Provost Marshall's employment is by Patent for life, or during good behaviour, he cannot be divested of it, but by due course of law, nor abridged of any powers granted by his patent. With respect to the question your Grace has made concerning the appointment of Coroners, the same being a matter of law, and depending in a great measure upon the custom of Jamaica, we can neither make your Grace any answer thereto, nor procure any opinion of Counsel upon it, not being sufficiently inform'd of the usage of Jamaica in this particular; But the Coroners in England are chosen as Members of Parliament, by a majority of the Freeholders. Your Grace has also desir'd to know our opinion concerning your double vote, when writs of error are brought before you and the Council, when the Council consists of five, and three are of one opinion, and two with yourself of another; This likewise is a matter which may depend upon the usage in Jamaica, but we have no custom in the Courts of Judicature here, to warrant a double vote. We have, as your Grace has desir'd, inform'd ourselves whether the three Councillors, which your Grace mentions, 8th Feb., to be off the Island, intend to return again or no, etc. Refer to recommendation of 31st May. Continue: Mr. Pusey has acquainted us, that he intends shortly to return to Jamaica; we are not yet throughly acquainted with Mr. Gregory's intentions, but if they do not both of them return in a reasonable time, we shall recommend such persons to fill their places in the Council of Jamaica, as your Grace shall think proper to propose to us for that purpose. H.M. in Council has approved of the proposed Instruction for continuing the old Revenue Act etc. (?. 27th May). We did referr to Mr. West, late one of H.M. Counsell at law, the three Acts transmitted 8th Feb. last, but as H.M. has since been pleas'd to appoint him Lord Chancellor of Ireland, he has made no report upon them, so that we cannot as yet lay them before H.M. [C. O. 138, 17. pp. 41–44.]