America and West Indies
February 1711, 12-20

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Institute of Historical Research

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Cecil Headlam (editor)

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1924

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361-370

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'America and West Indies: February 1711, 12-20', Calendar of State Papers Colonial, America and West Indies, Volume 25: 1710-1711 (1924), pp. 361-370. URL: http://www.british-history.ac.uk/report.aspx?compid=73849 Date accessed: 29 August 2014.


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February 1711, 12-20

Feb. 12.
Whitehal.
646. Council of Trade and Plantations to the Queen. Representation upon petition of James Campbell. (v. June 2, 1709). Summarise claim amounting to £10, 737 2s. 6d., and proofs adduced. [C.O. 195, 5. pp. 193–201.]
Feb. 12.
Craven House.
647. Secretary of the Lords Proprietors of Carolina to Governor Charles Craven. The Lords Proprietors recommend to your care and encouragement Mr. Charles Love, who is going over to Carolina and desires to settle there, etc. Signed, R. Shelton. [C.O. 5, 290. p. 10.]
Feb. 12.648. Warrant to Richard Hughes for 5000 acres in Carolina on payment of £100. [C.O. 5, 290. p. 11.]
Feb. 13.
Whitehal.
649. Council of Trade and Plantations to Lord Dartmouth. Enclose following to be laid before the Queen. Annexed,
649. i. Council of Trade and Plantations to the Queen. We have consider'd the memorial of Wm. Penn Esq., Proprietor and Governor of Pennsylvania, (v. Feb. 2), and have several times conferr'd with him on that occasion. Whereupon we beg leave humbly to represent, that by Letters Patents, March 4, 1680, your Majesty's Royal Uncle, King Charles II, did grant the Propriety and Government of Pennsylvania to the said Wm. Penn, his heirs and assigns, wherein are contain'd such large, and ample powers, priviledges, and immunities, as in our humble opinion seem capable of being extended to the diminution of the Prerogative of your Majesty's Crown, from whence they were originally deriv'd. That the said Wm. Penn has since compleated the settlement of a considerable Colony in that tract of land in America; and out of a desolate wilderness has rais'd a flourishing country, from whence great benefit has accrued to this Kingdom, by a consumption of British manufactures from time to time exported thither, by an improvement of navigation, and by an increase of duties paid here on goods imported from thence, which duties have yearly amounted to a considerable sum, as appears by the Custom house accounts of imports from that Province. That the said settlement having been made by the great care and industry of the said Wm. Penn, (not without many difficulties and hardships) and an undertaking so chargeable having been perform'd by him at his own expence, and thro' his interest, 'tis reasonable to believe he has very much impair'd his estate, as is set forth in his Memorial. That the said Wm. Penn being very uneasy under the frequent attempts that have been made upon him, in order to take that Government out of his hands, and under such other disturbances, and oppositions, as he hath met with on account of its being a Proprietary Government, he therefore declares that he is ready and willing to surrender all the powers of Government, wherewith he is invested, and to deliver the same intirely into the hands of your Majesty, upon such a consideration as may appear reasonable with regard to what he has merited from ye Publick in having setled the said Colony. Whereupon we humbly offer our opinion that the revesting the Government of Pennsylvania in your Majesty will be a benefit to the trade of this Kingdom, and particularly that it will tend to the establishment and maintenance of your Majesty's more immediate authority in that Province; to the more speedy and impartial administration of Justice to all persons there; to a more regular carrying on a legal trade in those parts, conformable to the several Acts of Parliament in that behalf; to the better security and defence of your Majesty's subjects in that Province, and the strengthening the British interest, upon the Northern Continent of America. In consideration of which surrender the said Wm. Penn by a supplemental memorial deliver'd to us, does propose that £20,000 be paid to him within the term of seven years, the same to be paid by equal yearly payments. We presume your Majesty will not expect that we shou'd give an opinion as to the reasonableness of that sum, or that in this case, we shou'd propose a sum with regard to the true value of the Government to be purchas'd; the nature of Government not admitting of any rule whereby it may be valued, as is done in other cases, where the price to be paid, and the profit to be purchas'd, are to be equally consider'd. Therefore whatever sum your Majesty shal be graciously pleas'd to give to the said Wm. Penn upon his surrender of that Government, it is to be estimated not only as a full and ample consideration of that purchase, but as proceeding further from your Majesty's wonted goodness and bounty on account of his great expence in the settling that Colony, to the impairing his estate, and of his good services in having made that settlement, whereby the Trade and Navigation of this Kingdom and your Majesty's Revenue has been increas'd as beforemention'd. He says he shou'd think himself obliged on surrendring his Government to desire leave in all humility to recommend to your Majesty's royal protection and favour, the people called Quakers who under him first settled, cultivated, and improv'd that Colony, were he not so sensible of your Majesty's great justice and goodness that he doubts not but they will be protected in a full enjoyment of that indulgence in religious matters, and of all those civil rights, and priviledges, which by law they now enjoy. We enquired of the said Wm. Penn what might be the annual charge of that Governmt., and what Revenue there was subsisting for the support thereof, the yearly value of such Revenue, and for what time granted. In answer whereunto he has inform'd us in general that the charge of that Government is less than in other your Majesty's Governments on that Continent; that about 25 years ago the Assembly made a free gift to him of a duty on goods exported and imported, which he says at that time would have rais'd £1200 per annum; but in consideration of £600 given to the said Wm. Penn, and for that he was of opinion, that taxes in the infancy of a Colony wou'd cramp the industry of the people, the said duty of £1200 was let fall, and it has not since been reviv'd; however he does not doubt but the Assembly will readily grant new duties, and that as the Province is daily increasing in numbers of people, and in trade, such duties, with the fines of Courts, and forfeitures for illegal trade, will as he conceives be more than sufficient for the expence of that Government. We beg leave further to offer that if your Majesty shal think fit to accept of a surrender of that Government, such surrender shou'd be absolute, and that the said Wm. Penn do thereby renounce all right, claim or pretention whatsoever, as well to the said Government of Pennsylvania as to that of Newcastle, and the other lower counties, in such manner and form as by your Majesty's Council learn'd in the law shal be advis'd. [C.O. 5, 1292. pp. 254–261; and (covering letter only, with autograph signatures) 5, 1233. No. 54.]
Feb. 13.
Whitehal.
650. W. Popple to the Right Honble. the Lord Mayor, (Sir Gilbert Heathcote). Col. Richard Thompson, (v. Feb. 1st.) having signifyed to the Council of Trade and Plantations, that he does not intend to return to Jamaica, and Mr. Richard Rigby, Deputy Secretary there, having been recommended to their Lordships as a person fittly qualifyed to serve H.M. as a Councillor, they desire to know whether by yourself or any other persons you have anything to offer for or against the said Rigby's being of the Council accordingly. [C.O. 138, 13. pp. 317, 318.]
Feb. 15.
Whitehal.
651. W. Popple to Josiah Burchet. Encloses, for the information of the Admiralty, extract from Governor Handasyd's letter (Dec. 4) relating to French ships arrived in the West Indies. [C.O. 138, 13. p. 321.]
Feb. 15.
Custom house, London.
652. Mr. Carkesse to Mr. Popple. The Commrs. of H.M. Customs desire to know if the Governour of the Leeward Islands or other Governours have a power by their patents to depute any persons to make seizures of shipps or goods in the Plantations imported thither or exported from thence, contrary to law, and how far such power extends, and that you will send them an extract of soe much of their patents as relates thereunto. Signed, Cha. Carkesse. Endorsed, Recd. Read 16th Feb., 1710/11. ½ p. [C.O. 323, 7. No. 8; and 324, 9. pp. 451, 452.]
Feb. 15.653. Sir T. Laurence to the Council of Trade and Plantations. Further complaints against the Assembly of Maryland and Mr. Bladen, Attorney General, with regard to the dues of his office of Secretary. Signed, Thomas Laurence. Endorsed, Recd. Read Feb. 16, 1710/11. 2½ pp. [C.O. 5, 717. No. 27; and 5, 727. pp. 228–233.]
Feb. 16.
Whitehall.
654. Council of Trade and Plantations to Lord Dartmouth. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
654. i. Council of Trade and Plantations to the Queen. We beg leave to represent to your Majesty the difficulties Governor Hunter has met with from the Assembly (of New York of. Nov. 14, 1710) in procuring the grant of a revenue there. The last Act of Assembly, whereby a revenue was granted to your Majesty for defraying the public charges of that Government expired May 18, 1709. The Governor, who arrived there in June 1710, did on Sept. 1st in his speech at his opening the first session of Assembly, earnestly recomend to them the providing a fitting and necessary supply for the service of your Majesty's Government, and that they would take care to restore the publick credit. In order whereunto at the desire of the Assembly an estimate of the yearly charge of that Government was laid before them; part of which estimate they disallowed, and prepared another estimate. On Oct. 25 the Assembly voted 2500 ounces of silver towards defraying the Governor's necessary expences for one year; the value of which quantity of silver he computes at little more than half of what your Majesty has been pleas'd to appoint for his salary. Whereupon he communicated to them that part of your Majesty's Instructions whereby he is impowered to receive to his own use as Governor £1200 sterling a year, out of the publick revenue of that Province, and added that he presumed they would not dispute your Majesty's right of appointing a salary for the use of your Governor. They struck out some intire articles in the said estimate of the yearly charge of that Government, and retrench'd others to less than one half, tho' some of the members proposed, that what the Governor had offered might be further consider'd; and one of them having press'd it with some warmth, was thereupon expell'd the Assembly. Afterwards on Nov. 2 they voted £1200 more, for defraying the charge of the Government and for the security of the frontiers. On Nov. 6 following a Bill was brought into the Assembly, giving a power to the Treasurer of that Province, out of the publick treasure lying in his hands (unappropriated), to issue 5667½ ounces of silver for the use of the garrison and other the uses therein particularly mentioned. Which summ the Governor informs us was little more than half of what was necessary, and very much less than what has usually been allowed for those services. To this Bill the Councill made an amendment, by which the money was directed to be issued by warrant of the Governor, by and with the advice and consent of the Councill, conformable to your Majesty's Instructions in that behalf and to former practice there; the Assembly disagreed to this amendment, and there were several confereances between the Council and Assembly, on the subject of that amendment, without any good effect. Whereupon the Governor found himself obliged on Nov. 25 to prorogue the Assembly to the 1st March next, in hopes they will then meet in a better temper. In the meantime by this proceeding of the Assembly, there is no provision made for the paymt. of the said Governor's salary, or for defraying the other publick and necessary charges of that Government; except what may arise from the two Acts past that session for setling an Excise on strong liquors, and for laying duties on the tunnage of vessels and staves; all which 'tis computed will fall much short of the forementioned services. The Governor has informed us of what reasons some of the Members of the Assembly give for their not providing for the support of that Government as formerly, with his observations upon such their pretended reasons. They pretend that the expence of that Province, on account of the late intended Expedition against Canada, hath so impoverish'd them, that they are not able to raise money to answer the usual charge of the Government: upon which the Governor observes, that the service of that Expedition was defray'd by a land tax (the greatest part whereof wee presume was spent among themselves) whereas the mony given for the charge of the Government was usually raised by duties on goods imported and exported, and on Excise. Another reason they give is, that the misapplication of revenues formerly granted, hath as they alledge, brought a considerable debt on the Country. To remove that objection, the Governor proposed to several Members of the Assembly, that a clause might be inserted in the Revenue Bill to oblige the Receiver General to be accountable to the Assembly, as well as to your Majesty, that such other clauses might be added as would effectualy restrain the Governor and Council from loading the country with further debts by any payment to be issued out of the Revenue. But 'tis beleived the true reason of this proceeding of the Assembly are first, that in a great measure some of the neighbouring Governments are exempted from so great a charge. As to this the Governor observes, that the Province of the Massachusets Bay is at £20,000 yearly charge for the defence of their frontiers, whilst those of New York are for the most part defended and secured by your Majesty's regular forces there. Another reason is that by act of Assembly every Assembly man being allowed 6s. a day during the sitting of the Assembly, the better to secure his being chosen from time to time, he only considers the saving of the countries money, without having any manner of regard to the necessary services of the Government. Lastly the Governor adds that of late a notion has very much prevailed among those people that your Majesty has not a power of appointing salaries out of the revenue raised by them, and the pretended right they have assumed to themselves, of retrenching the Governor's salary is founded on that notion, which in our opinion should not be countenanced. This being the state of the difficulties the Governor has met with from the Assembly in relation to his procuring the grant of a revenue, as it appears to us from the Journal of Assembly and from the Governor's letters; we beg leave to offer our humble opinion, that your Majesty's said Governo, be directed to represent to the Assembly, that it being your Majesty's undoubted prerogative to constitute a Governor of that Province with an appointmt. of such salary as your Majesty in your royal wisdom has judged suitable to the character, and necessary for the support and maintenance of that Government, it has therefore been justly displeasing to your Majesty to find they have refused or neglected to make the like sufficient provision for the foresaid purpose, as has been made in the time of your Majesty's late Governors. And thereupon that the said Governor be further directed in the most effectual manner to recommend to them the granting the like revenue for the support and maintenance of that Government as has usually been granted. And the better to induce the Assembly to comply therein, we humbly conceive it may be proper to intimate to them, that if they shall persist in refusing or neglecting to provide for the necessary support and maintenance of that Government under the administration of your Majesty's present Governor in like manner as ye same has hitherto been supported and maintained, they must expect that such their refusal or neglect will give a just occasion to the passing an Act by the Parliament of Great Britain for granting to your Majesty the like revenue to arise and be paid there for the support and maintenance of that Government as has usually been granted by Act of Assembly for that service. Endorsed, Read March 1, 1710 (1). Autograph signatures. 6½ pp. [C.O. 5, 1084. Nos. 44, 44 i.; and 5, 1122. pp. 277–286.]
Feb. 16.
Barbados.
655. Mr. Lillington to the Council of Trade and Plantations. By the Frankland packet boat I have with great sattisfaction recd. letters of 26th and 30th Oct., with a copie of H.M. Order in Councill of Sept. 26, and determination of the dispute for nominateing a Treasurer etc. I have recd. a copie of the sd. order only, and that from yr. Ldps. alone, but have recd. neither originall or copie of H.M. Royall pleasure signified in this dispute by my Ld. Secry. Dartmouth, though I have seen a copie thereof in some private hands, wch. how far the Councill will take notice of, I will not say, they being to sit tomorrow, but haveing recd. a copie of sd. order from under yr. Ldps. cover, I shall cause all due obedience to be given. How far the majority of the Councill, who have been the occasion of the loss of three excise Bills, to sattisfie their pique and prejudice against a Gentn. named for Treasurer therein, and of so great a revenue ariseing from thence, and thereby leaveing this Isld. exposed to the insults of a common enimie may be thought by yr. Ldps. lyable, and deserveing of H.M. resentment for the same I must submitt, but with your Ldps.' leave I shall add—they had very little reason, upon my declareing to them my thoughts in this controvercie, wth. such heat and passion to fall upon me and charge me to H.M., and that for discharging my trust to the best of my skill and judgment, and 'twill be very discourageing to the performing of such duty, when upon every difference of a Governor or Comnr. in Cheif's opinion from the Councill he must be oblig'd to contest against their united power and purses. Yr. Lordps. cannot be insensible how much I have suffer'd in every respect from several members of that Board, and though I have sacrifis'd all resentment to duty, and our common interest, yet their inveteracy and cabals continue the same, and I have this particular to boast of, that though my actions are so nicely scan'd, none of them have as yet dar'd to accuse me otherwise than of what H.M. has from yr. Lordps.' great justice been pleas'd to approve. Encloses Minutes of Council and Assembly, etc. Signed, G. Lillington. Endorsed, Recd. 7th, Read 10th May, 1711. 2 pp. [C.O. 28, 13. No. 57; and 29, 12. pp. 344–346.]
Feb. 16.
Barbados.
656. Same to Lord Dartmouth. Repeats part of preceding etc. Signed, G. Lillington. 2 pp. [C.O. 28, 43. No. 50.]
Feb. 16.
Whitehall.
657. Council of Trade and Plantations to the Queen. Offer the Act of New Jersey, 1709, for ascertaining the place of the sitting of the Representatives, for H.M. approbation, as in accordance with Governor Hunter's recommendation, "no person having appeared here to oppose it" etc. [C.O. 5, 995. pp. 138, 140.]
Feb. 17.
Whitehall.
658. Mr. Popple to Mr. Carkesse. Reply to 15 Feb. H.M. Governors in the several Plantations have no power by their Commissions to depute persons to make seizures of ships or goods imported, or exported from, the said Plantations, contrary to Law. There is one clause indeed which relates to the appointing of Judges etc. wherein there is an expression general, impowering the Gvrs. to appoint other necessary officers for the better administration of Justice and putting the Laws in execution, which last words, (tho' they are plainly intended in another sense) may perhaps have been interpreted otherwise. In the Governor's Instructions which are not under the Great Seal, there is a clause directing them to give all due encouragement to the Officers of the Customs and Admiralty, but no mention made of deputing persons to make seizures. Encloses copies of clauses referred to. Besides which there is a body of Instructions to each Governor (which have relation only to the due execution of the Laws concerning Trade and Navigation) and where some years ago prepared by the Commissioners of the Customs. By the 8th Article whereof the Governors are required to give charge that ships be seized and prosecuted as is mention'd in the said Article etc. [C.O. 324, 9. pp. 452–454.]
Feb. 17.
St. James's.
659. H.M. Warrant granting Alexander Skeen, Secretary of Barbados, leave of absence for the recovery of his health, he appointing a Deputy approved by the Governor. Countersigned, Dartmouth. [C.O. 324, 32. pp. 54, 55.]
Feb. 19.
Whitehall.
660. Mr. Popple to Mr. Bridger. Acknowledges receipt of letters. Upon consideration of what the Governor of New York and you have writ, in relation to the settlement of the Palatines for the production of Naval Stores at New York, the Council of Trade have laid a full state of that matter before H.M. with their opinion that the said Palatines be subsisted for two years according to the Governor's proposal. They have likewise offer'd that you have an increase of salary during the time you shal be imploy'd in instructing the Palatines at New York; and so soon as H.M. pleasure shal be declar'd therein you will have notice thereof. Upon this occasion of the Palatines, it being said by some that the preparing the trees is not a work of time, for that they may be prepar'd one day and cut down the next for burning, which being contrary to the information their Lordships have formerly had in that matter; they desire you wou'd let them have by the first opportunity a particular account of the method of making tar, vizt., how and in what manner the trees are prepar'd, the reason why they are to stand two years before they are cut down, the manner of burning the trees after they are cut down, etc. [C.O. 5, 913. pp. 330, 331.]
Feb. 19.
Whitehal.
661. Mr. Popple to Governor Saltonstal. Acknowledges letters of July 3, Aug. 8. The Council of Trade will expect a collection of the laws of Connecticut, as promis'd. In sending which laws, you will do well if there be any amongst them, that are of a particular nature, to explain to their Lordships the reason for passing the same, unless such reasons be expressed in the Preamble of the Act. [C.O. 5, 1292. pp. 261, 262.]
Feb. 19.
Whitehal.
662. Same to Governor Cranston. Acknowledges letter of Nov. 15. Repeats preceding. The Council of Trade have sent to the Commrs. of H.M. Customs what you write in relation to the Collectors, and doubt not but what shal be thought proper will be done therein. [C.O. 5, 1292. pp. 262, 263.]
Feb. 19.
Whitehal.
663. Council of Trade and Plantations to Governor Handasyd. Acknowledge letters of Oct. 3 and Dec. 4. We have communicated to the Lords of the Admiralty what you write in relation to French and Spanish ships at Carthagena etc., and to Capt. Gardner what you write in relation to the Serjeant's pardon, who promised us to send a triplicate of the said pardon by the last pacquet boat. We are glad to perceive by your last mention'd letter that there is so good a vent for our manufactures on the Spanish coast, and we hope that due care being taken to prevent the irregularities of the privateers formerly complain'd off, that trade will increase to the advantage of this Kingdom as well as to the benefit of the Jamaica Traders. You may expect in a short time the arrival of the new Governor who is upon his departure from hence. [C.O. 138, 13. p. 322.]
Feb. 19.
Whitehall.
664. Mr. Popple to George Lillington. Acknowledges letters etc. of Sept. 14 and Nov. 2. There is nothing in them which requires a particular answer, their Lordships not doubting but that by this time you have received their letter of Oct. 26, as also H.M. directions in relation to the nominating of a Treasurer for Barbadoes. You may expect in a short time the arrival of the new Governour, who is now upon his departure from hence. [C.O. 29, 12. pp. 32, 33.]
Feb. 20.
London.
665. Col. Tailer to Lord Dartmouth. I most humbly thank your Lordship for giving my petition to H.M. I have since waited upon Mr. Granvile, who assures me he has received no directions in that matter, etc., Col. Nicholson has left me to my great surprize, and I am att a very great expence, waiting to be dispatcht. Prays that he may have his pay and returne to New England by Fleet now ready to sail. Signed, William Tailer. Addressed. 1¾ pp. [C.O. 5, 898. No. 5.]