America and West Indies
November 1725

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Institute of Historical Research

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

Year published

1936

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462-471

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'America and West Indies: November 1725 ', Calendar of State Papers Colonial, America and West Indies, Volume 34: 1724-1725 (1936), pp. 462-471. URL: http://www.british-history.ac.uk/report.aspx?compid=72417 Date accessed: 30 July 2014.


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Contents

November 1725

Nov. 4. Whitehall.767. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, queries relating to the trial of White in St. Christophers, (?. 26 July.) [C. O. 153, 14. p. 200.]
[Nov. 4.]768. Daniel Moore to the Council of Trade and Plantations. Recommends Charles Pym, of considerable estate in St. Kitts and most firmly attached to the Protestant succession, to fill vacancy in Council caused by death of Major Richard Holmes. Signed, Daniel Moore. Endorsed, Recd. Read 4th Nov., 1725. 1 p. [C. O. 152, 15. ff. 128, 129?.]
Nov. 4.
Whitehall.
769. Council of Trade and Plantations to the Lords Justices. Recommend for confirmation Act of Antego for cutting off the intail of lands belonging to John Vernon etc., "having had the opinion of Mr. West, late one of H.M. Counsel at Law thereupon." [C. O. 153, 14. p. 201.]
Nov. 4.
Crutchett
Fryers.
770. Mr. Newport to Mr. Popple. Recommends F. Bond, as 29th Oct. Signed, J. Newport. Endorsed, Recd., Read 4th Nov., 1725. Addressed. 1/2 p. [C. O. 28, 18. ff. 224, 225, 225? ]
Nov. 5.
Boston, New
England.
771. Robert Armstrong to Charles Burniston, Surveyor General of H.M. Woods in North America. I arrived here the second instant, and designe in a weekes time to survey the woods etc. The inhabitants still insist that by the late Act the King has no right to mast trees growing within their townships, and will cutt and destroy the same without any reservation to the Crown. Urges his further application for a suitable remedy etc. Signed, Rot. Armstrong. Endorsed, Recd, (from Mr. Burniston), Read Feb. 9th, 1725/6. Addressed. 1 p. [C. O. 5, 869. ff. 218, 219?.]
Nov. 6.
Boston.
772. Mr. Willard to Mr. Popple. Encloses Minutes of Assembly and Acts passed at the Session held 26th May, 1725, and Minutes of Council for half year ending Aug. last, and Treasurer's account. Signed, Josiah Willard. Endorsed, Recd. 7th Jan., Read 11th Aug., 1725/6 1 p. Enclosed,
772. i. Treasurer's Account of the Revenue of the Massachusetts Bay, 30th May, 1724–1725. Same endorsement. 43 pp. [C. O. 5, 869. ff. 301, 302?.–324, 326?.]
Nov. 10.
Boston.
773. Lt. Governor Dummer to the [? Duke of Newcastle]. Upon receipt of his letter, has given William Woodside the command of Fort George at Brunswick. Signed, Wm. Dummer. Endorsed, Rd. Feb. 26th. 1 p. [C. O. 5, 898. No. 35.]
Nov. 11.
Whitehall.
774. Council of Trade and Plantations to the Lords Justices. Recommend Charles Pym for the Council of St. Christophers in the room of Major Richard Holmes deed. [C. O. 153, 14. pp. 201, 202.]
1725.
Nov. 11.
Whitehall.
775. Same to Same. Reply to 20th July. We have been informed by several persons of distinction, that Mr. Bond is a person of great integrity and substance, well beloved in his country, zealously attached to H.M. person and Government, and very well qualify'd to serve H.M. in the station he desires. Wherefore considering that his fault was an error in judgement only, and that he has already lain for some time under H.M. displeasure for the same, etc. recommend that he be restored to his former place in the Council, or upon the next vacancy etc. [C. O. 29, 14. pp. 416, 417.]
Nov. 11.776. Mr. Fane to the Council of Trade and Plantations. Report upon the claim of Thomas Chezus as administrator of Richard Welldon and his wife, on behalf of his children, to a Nevis and St. Christophers debenture. States case and concludes that the claimants have no title. Signed, Fran. Fane. Endorsed, Recd. Read 11th Nov., 1725. 3 pp. [C. O. 152, 15. ff. 134–135?.]
Nov. 13.
Richmond,
in Surrey.
777. Earl of Warwick to [?————]. My Lord, Fromthe encouragement your Lordsp. was pleased to give me to expect your interest and assistance in obtaining either the Government of Jamaica, Burbados, or the Leeward Islands, which shou'd first happen to become vacant, I took the liberty about four months since to acquaint your Lordship that a complaint was preferred by the inhabitants of the Leeward Islands and merchants trading thither against Mr. Hart etc., hoping that it might produce an occasion to mention me to H.M. etc. Upon the report of the Lords of Trade, the Lords Justices have ordered a copy of the complaint to be transmitted to Mr. Hart for his answer. I am credibly assured, that the great difference there has been for some time past between Mr. Hart and H.M. Council at Antegoa, makes his stay there as uneasy to himself, as 'tis unwellcome to the people, and is so much encreased of late that, notwithstanding this order he will hardly stay to answer the complaint; intending to leave the Islands as soon as possible; to which end he has wrote to the Duke of Newcastle to obtain H.M. license of absence. As it is very probable to conclude, that he will not return to that Government, I promise myselfe your Lordship will lay hold of this oppertunity to serve me etc. Signed, Warwick. Endorsed, Rd. 24. o. s. 2 pp. [C.O. 152, 40. No. 17.]
Nov. 14.
Barbados.
778. Governor Worsley to the Duke of Newcastle. Capt. Delgarno, H.M.S. South Sea Castle, having informed me upon his arrival here the 5th of July last, from the coast of Guinea, that one Blevin master of the brigantine Catherine of Liverpool, had on the coast of Guinea plundered and sunk a Portuguese sloop which was a pirate, and had plundered the settlement of the late erected Portuguese Company at Cape Lopez, and that the said Blevin designed to sail, after he had slaved, for this Island; Upon his arrival here the 7th past, I ordered him and his crew to be taken up and examined by the Judge of the Admiralty and H.M. Attorney General and as from thence there appeared to be just grounds to suspect them of piracy, they were tryed, the Master was acquitted, but the mate found guilty and condemned. Whilst Blevin had on board of his brigantine Julien de Lyon, who pretended to be master of the Portuguese sloop, he sent Robert Abram his mate with eight hands, on board the sloop for some brandy, for which he offered in exchange beer, cheese, and butter, where a quarrel arising upon Abram's looking for a silver watch, three of the English were killed, and the Portuguese crew left the sloop and went ashoar, upon which Blevin sent Julien de Lyon on board in order to leave him there alone, unless he would sink his sloop, which was done, and de Lyon return'd to Blevin, who saved the effects, which he delivered up to me upon his arrival here, particulars whereof I have sent inclosed. About a fortnight after Blevin, arrived here one Jean Bouyé a Frenchman, who was one of the Portuguese sloop's crew, and was put on shoar upon the coast of Guinea, as he says, was bought of the negroes, by a master of a Guinea ship and brought hither. I had him also apprehended and examin'd; by his deposition, inclosed, I think it appears pretty plainly, that the Portuguese on board the sloop, had plundered the factory at Cape Lopez, and were turn'd pirates. I have therefore secured in prison, both Julien de Lyon and Jean Bouye; and as pirates are enemies to all nations and if tryed here, for want of evidence must be acquitted; I design to keep them confined till I have the honour of receiving H.M. commands etc. Signed, Henry Worsley. Endorsed, R. 31st Jan. 4 pp. Enclosed,
778. i. Deposition of Jean Bouyé, a native of France late belonging to the Corisco Company at Cape Lopez. Barbados, 25th Oct., 1725. M. Densin, chief of the settlement having gone with 500 negroes to trade with them on the coast of Brazil, and left the settlement unprovided with necessaries, deponent and eight soldiers and five sailors agRecd to go to France in a sloop. The Commander told them they should take what goods etc. they thought proper, which they did. Deponent, on demanding his share, and four others was put ashore on the coast of Africa etc. Signed, Jean Bouye, his mark. Translation, l 1/4 pp.
778. ii. Manifest of the cargo of the Katherine (?. coveringletter). Signed, James Blevin. 2 pp.
778. iii. Account of disbursements for stores of war, Barbados, 1725. Signed, Wm. Leslie. 1 p. [C. O. 28, 44. Nos. 99, 99. i–iii.]
Nov. 14.
Barbados.
779. Governor Worslcy to the Council of Trade and Plantations. Duplicate of preceding covering letter. Signed, Henry Worsley. Endorsed, Recd. 25th Jan., Read 29 April, 1726. 4 pp. Enclosed,
779. i, ii. Duplicates of preceding enclosures i and ii. Endorsed as preceding. [C.O. 28, 18. ff. 249–250, 251?.–252?., 253?.–254?., 255?.]
Nov. 15.
Middle
Temple.
780. Mr. Newman to Mr. Delafaye. Concerning the Charter of the College at Cambridge (Harvard). Printed, Mass. Hist. Soc. Proceedings, 1st ser. X. 350. Signed, Henry Newman. Holograph.1 3/4 pp. [C. O. 5, 752. No. 31.]
Nov. 17.
Wmsburgh
in Virga.
781. Lt. Governor Drysdale to the Council of Trade and Plantations. The sudden death of a Councillor obliges him to write by an accidental ship etc. Continues:—It is Coll. John Lewis, a very honest Gentm. and one mighty well affected to H.M. interest and family. I know your Ldspps. will agree with me that it is a thing of the greatest consequence to this Colony, and to H.M. service here, that those places of trust be kept in able and honest hands, and such as have been ever well affected to our present happy establishment under his Majestie and his posterity. If I may be allowed to bee a good judge after above three years administration of this Government, I humbly presume to recommend John Grymes, H.M. Receiver Genll. as a person very proper to fill that post etc. His predecessors were all of the Councell. H.E. Mr. Horace Walpole is well apprised of the integrity and uprightness of this Gentm. etc. If he does not obtain the favour expected, etc., I do according to my duty nominate John Curtis Esq. and Henry Armstead Esq. to your Ldpps' consideration; they are private Gentm. in the Colony, whose ancestors have been of the Councell, and their estates and qualifications give them a just pretence to expect in time the honour of being numbered in that rank. Signed, Hugh Drysdale. Endorsed, Recd. 11th, Read 14th Jan., 1725/6. Holograph. 4 pp. [C. O. 5, 1319. ff 234, 235–236?., 237?.]
Nov. 17.
New York,
782. Governor Burnet to the Duke of Newcastle. Acknowledges letter of 3rd June. Is glad to find that his negotiations with the Indians are approved. Continues: I shall use my utmost diligence to observe your Grace's directions in regulating the dealings of our people with the Indians, and doing them justice, which indeed has always made a considerable part of my business with them. But while I am doing my utmost to encrease our correspondence with the Indians, and to draw them from their dependance on Canada, I cannot but complain of the great pains taken by the merchants in London animated by their correspondents from hence to defeat so good purposes. The fact that the price of beaver has fallen and never more beaver was exported disproves their chief argument against the Acts to forbid the trade with the French etc. Will observe his Grace's caution to be careful in recommending none but deserving persons. The principal complaint relating to Mr. Walpole's office of Auditor General has been redressed near two years ago. For since that time the whole current revenue has been accounted for yearly and all the arrears since 1715 to his Deputy, and he has received the five per cent for it etc. He, the Governor, has incurred the displeasure of the Assembly by insisting on this. Explains arrears for 1709–15 which remain in dispute. The newly elected members of the Assembly have been the chief opponents of the Auditor's claim, which shows that the expedient proposed four years ago by the Deputy Auditor to dissolve the Assembly would have made the opposition still stronger. The Auditor's rights has now become a popular topick. The same newly elected members have now lately opposed the continuance of the Revenue for five years, and would only have given it for two, and lessened it by 6 or £700 a year, "both which I thought it derogatory to H.M. interest to consent to and have therefore prorogued the Assembly till next spring," etc. Set out, N.Y. Col. Docs. V. pp. 764–766, q.v. Signed, W. Burnet. Endorsed, R. 21 Jan. 6 1/2 pp. [C. O. 5, 1092. No. 42; and 5, 1085. No. 55.]
Nov. 17.
New York.
783. Same to [? Mr. Walpole, Auditor General of the Plantations]. Upon receipt of the Duke of Newcastle's letter relating to the auditing the accounts of the revenue, he has consulted Mr. Clark and has done all he could in addition to what he had done already, by recommending despatch to the Attorney General and Cheif Justice in the suit to be brought by Mr. Clark, (the Deputy Auditor), for that purpose. Repeats part of preceding. Continues:—I have been informed that it is your Excy's opinion, that warrants drawn here on the quitrents are not to be allowed without H.M. special orders. Has represented to the Lords of the Treasury, that if he has been misled herein, it has been by the ancient practice and his interpretation of his Instructions. Hopes that, if a warrant from the Treasury is necessary, it may be obtained, for allowing what has been already paid, and for establishing the necessary salaries and incidents for the future. Congratulates his Excellency upon the great success of his negotiations in France etc. Signed, W. Burnet. Endorsed, Recd. 24th Jan., 1723/6. 3 1/2.PP. [C.O. 5, 1092. No. 43.]
[Nov. 17.]784. Petition of Hannah Penn, Widow and Executor of William Penn, for the repeal of three laws of Pennsylvania among those last transmitted, viz., for rectifying proceedings upon attachments ; for directing the proceedings against freeholders; and for regulating and establishing of fees, which "might prove very injurious to the trading people and other honest inhabitants of that countrey: the two first tending to obstruct ye cours of Justice by restraining creditors from proceeding in ye usual and effectual method for recovering their debts; and ye last for reducing of fees, more especially of ye practicers of ye law, so low as to discourage men of capacity to act in that profession." Signed, Hannah Penn. Endorsed, Recd. 17th Nov., 1725, Read 26th April, 1726. 1 p. [C. O. 5, 1266. ff. 206, 207?.]
Nov. 18.
Whitehall.
785. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, Acts of Barbados (i) to prevent the vessels that trade to and from Martinico or elsewhere from carrying off any negro, Indian or mulatto slaves, persons indebted, or contracted servants (1722); (ii) to prevent the danger of contagious distempers brought by ships etc. (1725); (iii) requiring all persons to produce to the Treasurer all orders for money due to them from the publick, (1725); (iv) for laying a duty on wines etc. (1725). [C. O. 29, 14. pp. 417, 418.]
Nov. 24,
New York
786. George Clarke to Mr. Walpole. The choice of their new Speaker, Mr. Philipse, and the newly elected Members of Assembly have given a great turn to the councils of that house, for tho' they are heartily resolved to support H.M. Government, yet the Governor does by no means approve of the manner. Describes their proposals for reducing the revenue by taking off the tonnage duty and cutting down the Chief Justice's salary etc., and the Governor's difficulties with them, (?. 17th Nov.) and over the warrrants for salaries out of the quit-rents etc. Set out, N.Y. Col. Docs. V. pp. 768–771 (where the signature is wrongly given as G.W.). Signed, Geo. Clarke. Endorsed, Recd. 23rd Jan. 1725/6. Holograph. 8 pp. [C. O. 5, 1092. No. 44.]
Nov. 24.
New York
787. Governor Burnet to the Duke of Newcastle. Encloses following duplicate and sketches contents. Signed, W. Burnet. Endorsed, R. 15th Jan. 2 pp. Enclosed,
787. i. Duplicate of No. 788. [C. O. 5, 1092. Nos. 45, 45. i; and (duplicate of covering letter only) 5, 1085. No. 56.]
Nov. 24.
New York
788. Governor Burnet to the Council of Trade and Plantations. Returns thanks for favourable report on Acts prohibiting trade with Canada. Repeats Nov. 17 on merchants' objections, and prorogation of Assembly of New York over the Revenue question till next spring, "at which time I have good assurance that the Members will be disposed to do things in a handsome manner." Public business in the last Sessions of Assembly in the New Jerseys "was carried on with the most unanimity that I ever knew." Reports on six Acts passed there, "of which the principal was an Act for the support of the Government for five years, in most respects the same with that of 1720, except that it makes more ample provision for the revenue, so that the officers of the Government have all considerable additions to their salarys" etc. The Assembly were able to do this without increasing the taxes out of £1321 interest on the bills of credit, "it being sufficient for the sinking of the bills of credit within the time limited if the principal as it is to be paid in be cancelled and sunk, which has been punctually performed for the first year." Describes the other Acts (ii) for laying a duty on wheat, (iii) to ascertain the size of casks, (iv) concerning the appointment of Commissioners of the loan office, and the sinking of £4000 bills of credit, (v) prescribing the forms of declaration of fidelity, abjuration, and affirmation etc., and (vi) for the better regulation of elections etc. "There was too much ground given for this Act by the conduct of the Sheriff of Burlington in favouring Coll. Cox, against a Quaker that opposed him, by keeping the poll open for a fortnight and adjourning it without the consent of the other candidate to the edge of the county. As all this was done without my knowledge, the Assembly had no difference at all with me about it, but altogether among themselves where the Quaker interest and the contrary party are nearly equal" etc. Encloses Acts and Sessional papers of N. Jersey, and Naval Officer's accounts for N.J. and N.Y. Recommends Archibald Kennedy H.M. Receiver General and Collector of Customs for the Council of New York in place of Thomas Byerly, deed. Set out N.Y. Col. Docs. V. pp 766–768. Signed, W. Burnet. Endorsed, Recd. 15th Jan., Read 16th March, 1726. 6¾ pp. [C. O. 5, 1054. ff 2–5?.]
Nov. 24.
New York.
789. Same to Mr. Popple. Encloses six Acts of New Jersey, and Minutes of Council to 23rd Aug., these Acts and their votes in print, and Naval Officer's accounts for New York, 25th March-29th Sept. last, and for East New Jersey 29th Sept. 1724–June 24th last. Requests acknowledgment etc. Signed, W. Burnet. Endorsed, Recd. 15th Jan., Read 23rd June, 1726. Holograph. 1 p. [C. O. 5, 1054. ff. 6, 7?.]
[Nov. 25]790. Isaac Miranda and Ferdinando da Costa to the Council of Trade and Plantations. Reply to the Duke of Portland's answer (April 12th) as to the seizure of some indigo at Jamaica. The proceedings show that the 52 casks were seized upon a mere suspicion of its being French indigo that had not paid the import duties. All the other pretences of its being imported in unlawful bottoms into Jamaica is only a colour and never made appear. Refer to the Board's representation on the merchants' petition, 4th May, 1721. The indigo was purchased by petitioners' factors at Jamaica in a lawful way of trade, and shipped in the Nassau for Gt. Britain. Should Governors and Officers agree thus to seize ships and goods, supposing an offence in the original importation of them, to what length may they not carry their pretentions? Having met with small opposition a long time in the seizure of our indigo, they attempted to search and seize the indigo on board a whole fleet in 1720, pretending the same had not paid duty on importation. It is impossible to carry on trade in the Plantations if goods not prohibited and shipt as aforesaid should on exportation be liable to seizure for an offence on importation. Accuse the Informer, William Norris, of fraudulent practices and attempting to bribe the Attorney General, Edmund Kelly. Conclude: In 1720 Governor Sir N. Lawes ordered Capt. Wentworth, H.M.S. Deale Castle, to pursue the James galley, bound for Bristol several hundred miles to sea and seize some indigo. Capt. Wentworth being afterwards sensible of his danger refused to deliver the indigo to the Govr., but returned it to the owners, nevertheless joining with several others in receiving £2000 from the merchants and squash the prosecution etc. Claim for principal and Jamaica interest on above indigo, £8810 10s. Signed, Isaac Miranda, Ferdinando da Costa. Endorsed, Recd. Read 25th Nov., 1725. 71/3 rd large pp. [C. O. 137,16. ff. 124–127?., 128?.]
Nov. 25.
Whitehall.
791. Order of Lords Justices in Council. Referring Act of Antigua, for cutting off the entail of lands belonging to John Vernon, and the Representation thereon by the Board of Trade (4th Nov.), to H.M. Attorney and Solicitor General, who are to report to the Committee of Privy Council etc. Signed, Temple Stanyan. Endorsed, Recd. 31st Dec., 1725, Read 12th Jan., 1725/6. 1p. [C. O. 152, 15. ff. 220, 221?.]
Nov. 25.
Whitehall.
792. Order of Lords Justices in Council. Re-appointing Francis Bond to the Council of Barbados, upon report of 11th Nov. Signed and endorsed as preceding. 1 1/4 pp. [C. O. 28, 18. ff 240, 240?., 241?.]
Nov. 25.
Whitehall.
793. Order of Lords Justices in Council. Appointing Charles Pym to the Council of St. Kitts. Signed and endorsed as preceding. 1 p. [C. O. 152, 15. ff. 222, 223?.]
Nov. 27.794. Address of the Representatives of Pensilvania to the King. We thy faithfull and loving subjects assembled to consider of our provinciall affairs, do in the first place hold ourselves obliged in duty and gratitude with great humility to return our hearty and thankfull acknowledgments to thee and thy Great Council for all the liberties and privileges this poor Colony enjoys under thy auspicious reign particularly the favour lately extended to the people called Quakers by thy royal sanction given to the laws which allow their affirmation instead of an oath in all cases. And this puts those people in a capacity to serve the Government and restores them to a right that belonged to the first purchasers and adventurers into this Province which with hopes of enjoying the liberty of their consciences induced them to come over, and at their own charge contribute to this enlargement of the British Empire. And since we and all the rest of the King's Protestant subjects are partakers of his protection and indulgence both in religious and civil rights we are laid under the deepest obligations of duty and obedience to his person and Government, and shall with great alacrity imbrace all opportunities to demonstrate the same most earnestly desiring that the King may be blessed with a long and prosperous reign in this life and a crown of eternal glory in that to come etc. Signed, by order of the House, Dad. Lloyd, Speaker. 1 p. [C.O. 5, 1234. No. 6.]