§ 1. General.
The present volume carries the publication of the
Colonial series of State Papers down to the end of the
reign of Queen Anne.
Treaty of Utrecht.;
The announcement of the Truce, and, presently, of the
Treaty of Utrecht and its terms was received in the
Colonies with a chorus of welcome (50, 66, 339, 396).
The addresses no doubt bear witness to relief at the end
of a long and expensive war (94 xii., 145 ii., 153, 231,
453, 453 i., 464, 468, 496 i.). If the weak points of the
Treaty were realised, they were not yet openly expressed.
Only the Jamaicans, disappointed of their hope of
regaining the Asiento trade, and anxious lest the
monopoly of the Royal African Company should be
renewed, bewailed their lot and refused to sign a congratulatory address (612 i.). As to Cape Breton, the
Council of Trade were asked for and gave the grounds
for their statement that it had always been esteemed part
of Nova Scotia by the French themselves (162, 166).
No sooner was the Treaty signed, than the French began
to settle and fortify that island, diverting to it all the
energy and funds which had hitherto been spent on
Acadie and Placentia, and placing it under the Government of the late Governor and Lt. Governor of Placentia
(521, 522). Their schemes for settling on the Mississippi
also caused apprehension (295).
Hudson's Bay Co.
Petitions were presently submitted by the Hudson's
Bay Company and the planters of Montserrat for the
settlement of the reparation to be made to them for
damages inflicted by the French in time of peace or
armistice (v. § 3). Steps were accordingly taken for
the appointment on both sides of the Commissaries who,
by the 10th, 11th, and 15th Articles of the Treaty,
were to settle these matters (638, 638 i., ii., 667, 674,
675, 691, 727, 736). Among the terms not in the bond
was an arrangement by which, in return for the release
of prisoners who had been sent to the galleys on account
of their religious belief, it was agreed to make some
concessions in favour of French inhabitants of the
Plantations now ceded to Great Britain. Governor
Nicholson was instructed to allow the French inhabitants
of Nova Scotia and Placentia to continue to enjoy their
estates until H.M. pleasure was further known (343,
Peace with Spain.;
Claim to Salt Tertudas.
The Articles of Peace and Commerce with Spain were
circulated to Governors in April, 1714 (632). Already
since the Truce the old question of the Spanish claim to
Salt Tertudas had been raised again. Spanish privateers
seized British vessels raking salt on that barren and
uninhabitable island, on the grounds that it belonged to
the Crown of Spain. New Englanders, on the contrary,
asserted that the Spaniards had no occupancy there;
that it was "free and common as the ocean"; and that
the right of raking salt there, established by long usage
and by Treaty, was essential to their fishery and of no
value to anybody else (478 i., 484, 484 i.–vii., 504, 513,
513 ii.). This view was supported by the Council of
Trade in their report on the subject (554 i.).
The prospect of the conclusion of the war with France
made the Eastern Indians anxious to come to terms
with the New Englanders against whom they had
rebelled. The terms of their submission are reported by
Dudley (464, 466, 467).
Many problems, the natural aftermath of a long war,
now called for decision. Among these was the establishment of troops necessary in times of peace, and the
further question as to how far the Colonies could be
induced to pay for their quartering and subsistence
(275, 309, 413, 637, etc.). In view of the cost of supplying
the Plantations with ordnance and stores of war, the
Lord High Treasurer instituted enquiries as to how the
Colonies could be made to pay for the whole charge of
their governments (349, 574).
Foreign Sugar duties.
Amongst other advice and petitions as to the terms of
the Treaties of Peace and Commerce (205, 206, 247), is a
petition from West Indian merchants and planters
against prohibitory duties being laid on British sugar
and other West Indian commodities imported into
France and French dominions (188, 247, 248). On the
other hand, came a petition from Barbados against the
importation into the Northern Colonies of rum, sugar,
and molasses from Surinam, which was able to undersell
the British Sugar Islands (482). After interviewing the
agents for Barbados and Massachusetts, the Council
of Trade decided to recommend that the trade between
the Plantations on the Northern continent and foreign
Plantations should be prohibited by law here (577). A
bill was ordered to be brought in accordingly (589). Thus
we find that in three particulars there was initiated after
the Treaty of Utrecht the policy which was to be pursued
with such singular infelicity after the Peace of Paris.
This point has not, I think, hitherto been appreciated by
Proposed settlements by disbanded soldiers.;
The problem of settling soldiers on the land always
arises after a war. The Empire had new land to be
settled and disbanded soldiers in plenty, but after so
exhausting a war little enough of the capital necessary
for financing such projects. We have, then, petitions
from a group of disbanded officers and soldiers for a
grant of vacant land between New England and Nova
Scotia (357, 366, 379 i.). They asked for a free passage
and full pay for two years, amounting to some fifteen
thousand pounds (385). The Council of Trade in
reporting upon this proposal as desirable but expensive,
suggested Nova Scotia as more suitable for such an
experiment. Their suggestion was adopted (366, 390,
448 i.–iii., 459, 460 i.). It is interesting to observe that
the original promoter of the scheme was Thomas Coram,
whose name is familiar to Londoners as the Founder of
the Foundling Hospital, and the eponymous hero of
Coram Street and Dickens's Tatty Coram. In pressing
the proposal put forward by him both as a means of
saving starving ex-soldiers and of developing the Empire,
he gives some interesting details of his own career (460 i.),
with which his biographers do not seem to be acquainted
(v. D.N.B. and authorities there quoted).
"Nova Anna" Scheme.
Expense proving a stumbling-block, a new scheme was
next proposed for settling a Colony to be named Nova
Anna on the site originally suggested. Settlers were to
receive a grant of the lands, and a patent for coining
1500 tons of copper half-pence and farthings for England
and the Colonies was to provide them with the necessary
capital of £105,000. The report of the Master of the
Mint, Sir Isaac Newton, exposed the weak point in these
calculations (618 ii., 629, 633–640 i.), whilst the Council
of Trade called attention to the rights of Massachusetts
in the lands mentioned. They added that none of the
other Colonies had been settled at the charge of the
Public and in so burthensome a manner as this appeared
to be (659).
French complain of illegal trade.
A complaint was made by the French of illegal trade
carried on between Barbados and Martinique, and
shared in and protected by Capt. Vanbrugh of H.M.S.
Sorlings in defiance of the French Governor, his own
Instructions and the provisions of the Treaty of Peace
and Neutrality (716 i., 733, 733 i., 735, 737).
Abuse of Temporary Acts.
The consideration of a batch of Acts from Pennsylvania
drew attention to an anomaly in the matter of temporary
laws enacted there and elsewhere. The device of reenacting an expiring temporary law before it was repealed
provided a loop-hole whereby the right of repeal vested
in the Crown might be evaded (553, 689, 689 i., 692). The
Attorney General pointed out that in other than
Proprietary Governments the case was already provided
against by Instructions to Governors. But an Act of
Parliament was needed to remedy the mischief in the
case of Chartered Colonies. He remarked upon the
absence of any obligation in the Charters of Rhode Island
and Connecticut for the submission of laws for the
approval of the Crown (728).
Act to relieve the Tobacco Trade.
In response to urgent petitions and reports from
Maryland and Virginia as to the condition of the tobacco
trade and the necessity of reducing the several duties
upon that article, and in pursuance of previous representations by the Council of Trade upon that subject, a
bill for encouraging the tobacco trade was brought in. In
Virginia an Act was past intended to restore the prestige
of the Dominion tobacco (473, 473 i., ii., 684, 684 i.,
Bolingbroke succeeds Dartmouth.;
In August, 1713, Lord Dartmouth announced to the
several Governors that he had been succeeded by Lord
Bolingbroke as Secretary of State for the Southern
Department (455, 456, 487, 489). In spite of the
enormous amount of business in which he was involved
by the negotiation of the Treaties and home politics,
Bolingbroke gives many indications of his grasp of the
numerous important problems in Colonial affairs, which
were now calling for solution, notably in Newfoundland,
Nova Scotia and Jamaica (699, etc.). In one of the earliest
instructions issued by him, he insisted upon the rights of
Patent Officers being maintained (487). At the same
time the abuse of Patent Offices was growing apace.
Erasmus Lewis, for instance, was appointed Provost
Marshal General of Barbados and allowed to exercise
his office by Deputy on the ground that he was Lord
Dartmouth's Secretary. His patent was revoked when
Dartmouth was dismissed (96, 98, 111, 452). This,
however, may not have been a case of post hoc, propter
hoc. For Bolingboke some months later was apparently
ignorant of the change, and wrote to recommend Lewis
and his Deputy to the particular protection of the
Governor of Barbados. Possibly Lewis, in view of the
uncertainty of the political situation, may have thought
it wiser to strike a bargain and to sell the reversion of
his place to his successor. Certainly the activities of the
Jacobite party were increasing at this time, and are
reflected in the changes which were taking place or being
prepared in official life both at home and abroad. The
appointments of General Nicholson, of Major Lloyd,
of Lt. Governor Pulleyne and of William Sharpe, as
well as the neglect of Col. Hunter and Col. Vetch and the
recall of Governor Lowther and Lt. Governor Bennett
must be considered in this light. Even that excellent
servant, William Popple, the Secretary of the Board of
Trade, was now threatened with dismissal as the reward
for his sturdy Protestantism and support of Governor
Hunter and the Whig party. According to his own
official statement made in June, 1716, he would have
been turned out had Queen Anne lived a few days
longer, for his place was "already promised to another."
(C.O. 152, 11. No. 11.).
Commissioners to enquire into disorders, etc.;
General Nicholson's Commission.;
Governor of Nova Scotia and Newfoundland.;
One of Bolingbroke's notions was to send Commissioners to enquire into the disorders and confusions in
Jamaica, Barbados and the Leeward Islands and other
Colonies in those parts, with a view to taking steps to
put an end to them (612). This was an extension of the
idea which had prompted the sending out of General
Nicholson with a large Commission of enquiry into the
affairs of the Northern Colonies (97). This Commission
was primarily to enquire into the disposal of stores of
war and funds granted to the Colonies since 1701 for
various purposes; into the state of H.M. forces, woods,
fisheries, settlements and into clandestine trade; and to
treat with the Indians. Nicholson was empowered to
dispose of superfluous stores remaining over there from
the Canada Expedition, etc., and also to take back to
America those which had been returned (97, 242, 259).
The Lords Proprietors of Carolina were also permitted
to commission him to enquire into and report upon the
disorders in North Carolina (154, 264). He was also
instructed to recover arrears of prize money due to
the Crown. For there were good grounds for suspecting
that there had been embezzlement or fraudulent concealment of considerable sums of this nature in the Plantations (267 i.–iii., 301, 301 i.–iii., 312 i.). Nicholson was
further directed to report upon the delay in fixing the
boundaries between Virginia and Carolina and between
Pennsylvania and Maryland (311 i.). In addition to
all these trusts, he was appointed Governor and Commander in Chief of Nova Scotia and Newfoundland (104,
105). His departure was delayed by bad weather.
He did not arrive at Boston until the end of the year,
when he immediately began to prosecute his enquiries
into the affairs of the Northern Plantations (407, 443,
524 ff.). With Dartmouth's approval he took over
with him some printed copies of the Queen's speech of
16th July and had 3,000 more printed in Boston, to be
circulated as propaganda to counteract "the traitorous
factious and ill-natured pamphlets," which were being
sent over and "industriously spread abroad amongst
the people" (425, 432, 523, 731).
Prisoners sent home for trial.
Several instances occur of prisoners being sent home for
trial—from Jamaica, the Leeward Islands and Virginia—under the statute of Henry VIII. referred to in former
volumes. Such procedure does not appear to have
been regarded as a grievance in the Colonies then as it
was in Massachusetts some 60 years later. The objection
came from England. For one reason or another, the
witnesses and evidence in these cases lagged behind the
accused. Lord Dartmouth therefore gave directions
that Governors should be instructed not to transmit
any prisoners without sending full proofs of their guilt
at the same time (34, 49, 62, 135, 233).
Board of Trade. Revenue Accounts.;
In response to the repeated requests of the Board
of Trade, a considerable number of accounts of Revenue
came in from various Colonies (420, 421). The Board
again drew attention to the inconvenience caused by
absentee Councillors (486). Their own salaries were
seven quarters in arrear in Jan., 1713 (254). The
Assistant Secretary, Adrian Drift, was sent to Paris to
help Mat. Prior in the negotiations of the Treaty.
At the close of the war, Mr. Dummer proposed to
renew his packet-boat service, which had been suspended
owing to the great losses inflicted by enemy privateers
(10, 10 i., 13).
The unfortunate Jeronimy Clifford, still languishing
in Fleet Prison for debt owing to the refusal of the Dutch
to compensate him for his property in Surinam, now saw
reason to fear that he was in danger of losing his lands in
§ II. The American Colonies.
Carolina: Governor appointed.; Disorders in N. Carolina.; War with Tuscaroras.; Help from Virginia.; Col. Moord efeats the Tuscaroras.; Treaty made with them.
Robert Johnson was appointed Governor of Carolina
in April, 1713 (316), and Charles Eden Lt. Governor of
North Carolina, in succession to Edward Hyde, who died
in Sept., 1712 (99, 331 i.). The death of the latter
rendered confusion more confounded in that distracted
Government. Political divisions paralysed attempts at
defence against the Indians and even caused failure to
fulfil the obligations undertaken on account of forces
from Virginia sent to relieve the country (25, 99). A
fresh outbreak of the Tuscaroras followed close upon the
peace hastily patched up by Col. Barnwell. They were
exasperated by his conduct in carrying off captives on
his retirement to South Carolina, and encouraged by
promises of help from the Senecas. These irregular
proceedings, the Lt. Governor of Virginia declared,
"discourage and disenable me to assist" the Carolinans
(25). Before long, however, in response to a despairing
appeal from the Assembly of North Carolina, he managed
to extract from the very unwilling Burgesses of Virginia
a grant of £1,000 for their assistance. The Assembly
not without reason looked upon their neighbours as
largely responsible for their own misfortunes, as well
as for the danger which threatened the Virginian frontiers
"by the continued disorders in the Government and the
disorders of the people." But Spotswood remarks that
the sum thus voted, though inadequate for the task of
subduing the enemy, was the greatest donation ever made
there to be spent out of the country. The Assembly of
North Carolina had offered to supply provisions and the
cost of transport for Virginian troops. But it soon
became clear that they could neither keep this promise
nor supply more than one hundred men for an expedition
against the Indians, even though a gift of clothing for
them was voted by Virginia. For some of the inhabitants
deserted the country to avoid military service in its
defence, and others sheltered themselves under the cloak
of Quakerism. In the meantime a force of 850 Indians
and 33 white men under Col. Moore was marching from
South Carolina to their relief (272, 272 i., 273). Moore's
expedition met with unexpected success. He inflicted a
thousand casualties upon the Tuscaroras and captured
their only fort (272, 355). As the Government of Carolina
was incapable of continuing the war, and it was now
certain that the Tuscaroras were being assisted not only
by the Senecas, but also by the Mohawks and others of
the Five Nations, Spotswood intervened to make peace
(355, 524 iii. (a). The Tuscaroras, after their defeat,
had come down to the Virginian frontier, and Spotswood
endeavoured to raise a force to deal with them. He
completely failed, however, to enlist even the small
number of two hundred volunteers which he proposed to
raise for that service. He decided, therefore, to make a
Treaty with the Tuscaroras, and this, fortunately, they
were ready enough to enter into (473, 502). The details
of it are given (603, 603 i.–iii.).
Maryland was still suffering from the low price of
tobacco, but the hopes of the planters rose as it gave
signs of improving (11). We have seen (§ 1), that
attention was paid to their petitions for a reduction of
the duties upon that commodity (319, 503, etc.).
Drought and Poverty.
A new Governor was at last appointed in the person
of John Hart (539). Very shortly after his arrival (695),
he reported that the impoverishment of the planters had
been increased by a serious drought, and that for want of
satisfactory prices, they were abandoning the cultivation
of tobacco and taking to raise cattle and grain. They
were being compelled to manufacture clothing themselves,
much to the detriment of the British woollen manufacturers (717).
A census of the inhabitants was returned (1712). But
in Maryland as elsewhere neglect in keeping the registers
rendered it very imperfect. (11, 11 i.).
Claims of the Secretary ignored.
The claims of the absentee Secretary were still ignored
by the Assembly. In spite of a Royal letter mandatory,
they refused to pass an Act for regulating ordinaries as
directed, which should appropriate the benefit of the
licences to that office as heretofore, and compensate Sir
Thomas Laurence for his losses since 1704 (112, 586).
They stated their case at length in an address to the
Boundaries with Virginia.
We have already referred to the Lords Proprietors'
Commission to General Nicholson to enquire into the
disorders in North Carolina and to appoint Deputies
to the Council on their behalf (154, 264). He was also
instructed to investigate the delay in fixing the boundaires
with Virginia (311 i.). Although an Order in Council
in Jan., 1713, directed the appointment of Commissioners
to settle this long-vexed question, Spotswood in July,
1714, reported that Mr. Eden, the new Governor, had
arrived without any instructions to that effect from the
Lords Proprietors. He explained the advantage they
drew from this delay and the steps he intended to take
(178, 245, 726).
Act for securing quit-rents, etc.;
Taxation of Virginian Indian Traders.
The Lords Proprietors sent out the draft of an Act,
drawn by the Chief Justice Trott, and approved and
amended by them, for securing quit-rents and settling
titles to lands (302, 303). They withdrew their order
that grants for new lands should only be issued by
order of the Board in London, but fixed the rates, quitrents and limit of each grant (462, 469). On complaint
from Virginia, an Act imposing duties on Virginian
traders with the Western Indians, contrary to previous
instructions, was repealed (178, 245).
Col. Carey permitted to return.
Col. Carey and those of his supporters who had been
caught and sent home from Virginia for trial, were
permitted to return to Carolina, no evidence against
them having been forthcoming to support a prosecution
(135, 233; v. § 1).
Paper Money and the post.
To Bolingbroke, on his succeeding Dartmouth,
Governor Dudley described the steps he had taken to
defend the frontiers of New England and the difficulties
he experienced in obtaining the release of English
prisoners in Canada (116, etc.). The Council and
Assembly of Massachusetts Bay addressed the Crown for
a further preference to enable New England to compete
successfully with the East Country in supplying the
English market with Naval Stores (592). In response
to an enquiry from the Board of Trade, Dudley gave an
account of the issues and provisions for paper money in
New England (384, 509). The question had been
raised by the Postmasters General. For bills of credit
having been made current as specie and standing at a
heavy discount, the collection of postage on letters
involved considerable risk, as well as immediate difficulty
owing to the fact that the lowest denomination of the
paper currency was for the nominal value of five shillings
(340, 340 i., 378, 384).
Submission of Eastern Indians.
The close of the war brought with it the submission
of the rebellious Eastern Indians (464, 466, 467). Dudley
was also able to announce the conclusion of an agreement
with Connecticut over the long-standing boundary
dispute (464, 464 i.).
There is a petition from the churchmen of Newbury
in which there is a hint of a proposed episcopal establishment (519, 519 i.).
New York. Governor Hunter's difficulties.;
Throughout this period the position of Governor
Hunter in New York was one of great and increasing
difficulty. The Council of Trade, indeed, supported him
loyally at home (313, 324, 409, etc.). But the sinister
opposition of Lord Clarendon was plainly revealed in
an attempt to prevent the pardon of the negro conspirators whom Hunter had reprieved (293). As the
danger of a Jacobite revolution grew more pronounced,
the prospect of his being left in the lurch or superseded
added to his anxieties and difficulties (404, 665). No
notice having been taken of his continual applications
for funds to carry on the settlement of German Protestant
Refugees until the production of Naval Stores should
have begun to pay their way, he was at last compelled
to throw them upon their own resources. Many of them
at once proceeded to settle on the lands at Schoharee.
They had long desired to do so, but Hunter had done his
best to prevent them. There they were soon starving
Struggle with the Assembly.; Act for settling the Revenue.; Quit-rents.
The long constitutional struggle with the Assembly of
New York now reached a very critical stage. Hunter
appealed again and again to the Board of Trade, to
Dartmouth and Bolingbroke, assuring them that nothing
now remained but for measures to be taken by Ministers
at home (123, 124, 169, 171, 293, etc.). It is significant
that he who had acted with so much forbearance and
moderation felt compelled to ask for an increase of troops
to support the Government (100, 338). The Assembly
still insisted that the Council had no right to amend
money bills, and received the ruling of the Board of
Trade on that point with "indecent heats and undutifull
expressions" (7, 122). They assumed the right of
adjourning themselves; denied the right of the Governor
and Council to erect Courts of Judicature; challenged
the right of the Crown to appoint officers or to dispose
of public money, and persistently refused to vote an
adequate revenue for the support of the Government
(126, 169, 293). No question of economy was involved
in this refusal, for their own frequent sessions cost more
than the money they saved by not voting a revenue
(122, 293, 293 i., 362). These and other infringements
of the Royal prerogative could only be part of a policy
intended to place the whole control of government
entirely in the hands of the Representatives. On these
grounds the Council of Trade recommended the passing
of the Act which had been prepared in 1711 for settling
the Revenue of New York over their heads (313). It
was ordered to be introduced, but the close of the
Sessions being at hand, it was not laid before Parliament
(330, 409, 412). The threat of it, however, was sufficient
to induce the Assembly to make a show of passing a
Revenue Act. It was for one year only, and quite
inadequate (404, 665). In pursuance of his Instructions,
Hunter had begun to enquire into the quit-rents. He
found that the planters had entirely ceased to pay them,
relying upon the "sence and strength of a country jury,
if they should be sued." The interest of the Crown had
been badly served by former extravagant grants and
renewals which reduced the original quit-rents. Hunter
called attention to the insignificance of the sum due
from so important a Province, and raised the question
of the validity of such grants (293).
The Attorney General was consulted on this and other
points in connection therewith, and also concerning
escheats and the whale-fishery (328, 334, 427, 665).
The Five Nations.
Hunter reported the building of the two forts in the
Mohawks' and Onondages' country (122), and also gave
a curious account of the social and political customs of
the Five Nations (295). He mentions that great
apprehension was felt on account of French plans for
making settlements on the Mississippi, "all along the
backs of our settlements" (295).
New Jersey.; Councillors dismissed.
Affairs in New Jersey were at a standstill whilst
Hunter awaited a decision upon his application for the
dismissal of the obnoxious Councillors. In the meantime Mr. Sonmans absconded with the Records (122, 296).
At last an order was passed for making those changes
in the Council which Hunter had declared to be necessary
for the peaceful government of the country (65, 315).
Harmony being thus restored, he was soon able to report
the passing of many acts, and the settlement of the
revenue for two years (404, 665).
General Nicholson was appointed Governor of Nova
Scotia in Oct., 1712 (97, 104, 105). Col. Vetch had
continually represented the great difficulty he was
experiencing in victualling the garrison at Annapolis
Royal, their credit being exhausted and bills of exchange
unpaid (31, 255). Nicholson did not visit his government, but, from Boston, accused Vetch of fraud and
maladministration, on the reports of Sir Charles Hobby
(652, 731). In pursuance of an arrangement with the
French Court, by which English prisoners condemned
to the galleys on account of their religion were to be
released if some favour were shown to French inhabitants
of the ceded territories, General Nicholson was instructed
to permit the French settlers in Nova Scotia to retain
their lands and tenements till H.M. "pleasure be further
known," or to sell the same, if they preferred to quit the
country (343, 370).
Acts of Pennsylvania.
The consideration of a batch of Acts from Pennsylvania (434, 525), raised a problem of considerable importance. By the terms of Penn's Charter, he was allowed
five years after the making of a law in which to submit
it for H.M. approbation, but it could only be repealed
within six months of its being delivered to the Privy
Council. The Council of Trade represented that six
months was too short a period for the proper consideration of a large number of acts if submitted at a time of
great pressure of business. Moreover, this provision
opened the door to the passing of temporary acts,
possibly of an objectionable character, which would
expire before the date at which it was necessary for
them to be laid before the Privy Council. Supposing
such an act were disallowed, it could be re-enacted before
any intimation of repeal could arrive in Pennsylvania.
By refraining from submitting the new temporary act
until near the time of its expiration, the same process
could be repeated, and thus the prerogative of the Crown
of approving or disapproving acts might be evaded. A
case in point was an act laying a duty upon incoming
shipping other than that owned by the inhabitants of
It was decided that the agreement with William Penn
for the surrender of his propriety should be proceeded
with. As he was now incapable of attending to business,
an Act of Parliament was ordered to be prepared, for
supplying his incapacity and altering the method
complained of as to temporary laws and the time limited
for transmitting and approving laws. The Attorney
General reported that "during the last session of
Parliament a bill for that purpose could not be settled,
in regard of some difficulties between the mortgagees
and family of Mr. Penn." In other than Proprietary
Governments the case of temporary laws was provided
against by the Governors' Instructions. But enquiry
into the subject drew attention to the fact that there
was no obligation by charter for Rhode Island and
Connecticut to transmit their laws for H.M. approbation
at all, and an Act of Parliament would be necessary to
introduce any change in such charters (689, 689 i., 728).
Measures of Defence.
We have already referred to the delay in fixing the
boundaries of Virginia and the aid given to Carolina
against the Indians. It was only with great difficulty
that Lt. Governor Spotswood induced the Assembly to
sanction those measures. They were unwilling to take
any steps for the defence of the country, and the Militia
was allowed to remain practically useless, although
the danger of negro insurrections and Indian risings
remained, even after the conclusion of the Peace.
Spotswood devised a scheme for strengthening the
frontier by settling parties of the Tributary Indians
and some of Baron de Graffenried's Palatines along
it (99, 726, p. 278). Spotswood managed to persuade
the Burgesses to pay the debt incurred for previous
measures of defence sanctioned by them, but they refused
to pay for the spy-boat he had commissioned (272, 325,
410). So serious was the position, that the Council of
Trade recommended that a grant of arms and ammunition should be made, but under strict regulations to
prevent the recurrence of loss and embezzlement (25, 260,
261). A frigate was appointed to protect the coast from
Spotswood was anxious to make it plain that the
Assembly acted through no lack of confidence in himself,
but that they were committed to a policy of economy
at all hazards. They had pledged themselves to their
constituents to raise no taxes, "let the occasion be what
it will." He attributed this attitude to the wide
franchise by which the purchaser of only half an acre
of land was entitled to a vote (99, p. 278). The Council
of Trade thereupon recommended the passing of an act
for the qualification of electors and representatives,
threatening an Act of Parliament to that effect, if the
Burgesses should refuse (325).
The Assembly rejected a bill embodying H.M.
Instructions as to the method of granting lands (272,
272 vi., 410); but Spotswood proceeded to put the
Instructions into force (272, 453, 473). By the end of
1713, however, he was able to announce that the
Assembly had concluded their session satisfactorily by
passing the Act declaring what shall be accounted a sufficient seating, etc., as well as an important act for preventing
frauds in tobacco payments, calculated to improve the
position of the tobacco trade. It is a curious commentary on the political morality of this age of placemen,
that he quite unblushingly observes, with regard to this
act, that it will have the additional advantage of enabling
a Governor for the future to carry "any reasonable
point in the House of Burgesses; for he will have in his
disposal about forty agencys, likely to yield nigh £250
per annum each; these my intentions are to dispose of
among the most considerable men of the Colony, and
principally to gratify with a place all the members of
Assembly who were for the bill' (502, 530, 530 i., 531).
Returns and the Census.
In the course of replies to the enquiries of the Board of
Trade in which he made returns of the revenue, negroes,
and neighbouring Indians, etc., Spotswood explained
that the taking of a census was impossible owing to the
fear of the inhabitants that it would be used for imposing
a capitation tax. As elsewhere, the registration of
births, christenings and burials was very imperfectly
observed (25, 25 i.–iii., 272, 272 iii.–v., 603).
Spotswood was profoundly interested in the exploration of the mountains on the frontier and the development
of mines reported to have been discovered there, a
project in which he engaged the services of Baron de
Graffenried. He pressed for a declaration of the
royalties which would be claimed by the Crown. Without
this, prospectors would not proceed. The Council of
Trade recommended that the Crown should demand a
fifth part of all gold and silver ore mined, a figure suggested by the charter of Massachusetts Bay (25, 287, 599
Tobacco in bond.
Action in the matter of the Tobacco duties is referred
to in § 1. Among the remedies proposed for restoring
prosperity to the tobacco trade was a scheme for keeping
it in bond in warehouses (355).
A long continued drought threatened the crops (726).
Body of Laws.
Spotswood's plan for collecting and publishing a body
of laws was approved (410, p. 137).
§ 3. The West Indies.
The Bahamas, according to the Lt. Governor of
Bermuda, who wished to have them annexed to his
Government, were now nothing more than a nest of
pirates, who preyed chiefly upon Spanish commerce
The appearance of a French fleet off the Leeward
Islands (v. infra) occasioned an appeal for the help of
the Barbados guardships. Governor Lowther seems to
have done his best to send them. But unfortunately
the Naval officers in command chose to take umbrage
at his manner and to waste time over the question of his
right to give them orders rather than to seek out the
enemy and protect the Leeward Islands (69, etc., v.
Assembly and money bills.;
Recall of Governor Lowther.
In Barbados the Assembly were having the same dispute
with the Council over the amendment of money bills as
was being fought out at New York. Lowther Plainly
describes it as part of a move towards making themselves
independent of the Crown (45). The Council of Trade
agreed, and stated their view of the matter, making
pointed reference to the revenue act intended for New
York (412). Lowther had, however, by that time nearly
reached the end of his tether. Complaints against his
choleric and high-handed actions, notably in the case of
Alexander Skene, whom he had been ordered to restore
to his places, ended in his recall (143 i., 150, 172, 333,
333 i. ff., 344, 412, 475, 487, 545, 571, 571 i.–vi., 576).
He was commanded to hand over the administration
of the Government to the President of the Council,
William Sharpe (576). It was Sharpe who had brought
out the order for the Governor's return. Lowther
refused to surrender the government to him until the
eve of his departure (654, 657). Sharpe, after duly
lodging his complaint against this procedure, reported
that the condition of the fortifications was deplorable
and the "public credit 60 or 70 per cent. discount." He
describes his endeavours to remedy this state of things,
and complains that he was obstructed by Lowther's
party in the Assembly (696, 711). His first steps were
directed to reviewing the Militia and re-appointing those
officers whom Lowther had turned out, replacing them
by his own creatures (711). He wished to deal with the
Council in a similar fashion. As Sharpe was reputed to
be a Jacobite, and was appointed by Bolingbroke's
Ministry at this juncture, these proceedings may perhaps
have been tendencious. It is interesting to note that of
twelve men of the best estates submitted by him as
suitable for Councillors, no fewer than four had been
educated at English Universities (711 i.).
Petition against the importation of foreign sugar into New England. Garrison establishment.
A petition was presented by the Barbadians against
the importation into New England of rum, sugar and
molasses (482, v. § i.).
The Board of Ordnance having represented that a
large sum was owing for the establishment of gunners
at Barbados, and that there was no money forthcoming
to pay it, it was decided that they should be dismissed,
and their places filled by matrosses to be paid by the
Assembly (275 i., 679 i., 680, 682).
Returns were made giving lists of inhabitants, births,
christenings and burials (45 ii., v.).
Pulleyne succeeds Bennett.;
Salary and House-rent. Presents forbidden.;
Poverty of the Island.
Lieutenant Governor Bennett received information in
the spring of 1712 that the French were preparing to
attack Bermuda. The expedition, however, was confined to the Leeward Islands (44, 44 i.–iii.). But in the
autumn the island was visited by a disaster almost as
ruinous, "the most severest hurricane that has been
known here." This was on Sept. 8th, eleven days after
that which devastated part of Jamaica (77, 94, 540).
Shortly afterwards Henry Pulleyne was appointed to
succeed Bennett (147). His instructions permitted him
to accept provision for a house or house-rent from the
Assembly, provided it were made in the first sessions
after his arrival and for the full term of his office. His
salary was increased by the addition of £100 from the
Exchequer, but he was forbidden to accept any present
from the Assembly. It was hoped that in acknowledgement of this relief the Assembly would be the more
ready to provide for the defence of the island (339 i.,
540). Pulleyne reported that the Treasury was in
debt to the extent of a thousand pounds or so, and that
the poverty of the island was so great that it could not
raise even this small sum and pay the usual expenses
of the Government. The fortifications and public
buildings were in a ruinous condition. After voting a
small sum of money which had been used in the prosecution of Jones, the Assembly refused to raise another
penny (540, 651).
Complaints against Spanish privatteers.
Complaints were lodged against Spanish privateers
which, after the peace, by virtue of alledged commissions
from Havana, etc., were seizing any British vessel which
had on board Spanish money, logwood, salt, hides or
cocoa. It was recommended that reparation should be
demanded from the Court of Madrid (544, 544 i., ii.,
590, 596, 600, 601, 651).
On the other hand, the Spaniards were not without
cause of complaint both as regards Jamaican privateers
(94, 107) and the nest of pirates in the Bahamas (651).
Jamaica. Disastrous Hurricane.;
Rear Admiral H. Walker recalled.;
The Governor and the Assembly.
Whilst Jamaica was preparing to resist a possible
attack by the French, a terrible hurricane swept across
the island (28 Aug., 1712), devastating a large tract and
dashing the hopes of the planters who had begun to
look for a prosperous season. As much damage was
done, it was said, as by the great earthquake. Terrible
havoc was wrought among the shipping in the harbour.
The long list of wrecks is given by the Governor (92,
94, 94 xv., 492). On receiving news of the Truce,
Governor Lord Archibald Hamilton opened communications with the Governor of Petit Guavas with a view
to the observance and possible extension of it, the
exchange of prisoners, and, in accordance with his
instructions, to the establishing of trade relations. His
proceedings were hindered by a violent quarrel with
Rear-Admiral Sir Hovenden Walker, Commodore of the
Jamaican Squadron. The truculent behaviour of the
Admiral, combined with a direct charge against him of
using H.M. ships for purposes of trade, led to his recall
(148, 148 xii., xiv., 149, 149 i. ff., 167, 167 i.–v., 176, 238,
239, 277 i. ff., 292, 413). It is noted that he was on
terms of intimacy with the extreme members of the
Assembly, whom we have met in previous years, and
who conducted a campaign of opposition against the
Government not unlike that which was in progress in New
York (149). Lord Archibald, however, reported that
they represented only a small and noisy faction, and that
the generality of the country was well disposed both
towards himself and the Queen's service. The Assembly
made a satisfactory provision for the revenue (149, 492).
Governor and Council obliged to provide for the Regiment.;
Pretentions and violence of the Assembly.;
Ruling by the Council of Trade.; Commission of Enquiry proposed.
The next sessions of the Assembly, however, was
attended with so much heat and altercation that the
Governor dissolved it, Oct., 1713 (492). But the same
violent dissension broke out in the new House (Nov., Dec.).
The chief point of dispute was the provision for the subsistence and quartering of the Regiment, much clamour
being raised against the maintenance of a standing army,
although by the peace establishment the Regiment
had been reduced, after very careful consideration, to
300 men. The presence of some such force was necessary
to cope with the danger of negro insurrections, if nothing
else (94, 290, 413, 492, 527, 580, 606, 612 ii., 637, 642,
701). When the act for providing quartering and
subsistence expired, the Governor and Council were
obliged to advance the money for that purpose out of
their own pockets (664), the Assembly having been
dissolved after a short sessions on account of their
"violent and unwarrantable proceedings" (527, 615).
These are enumerated by Lord Archibald. They
adjourned themselves without the Governor's leave, as
in New York and Barbados; they denied the right of the
Council to amend money bills; they attempted to
arrogate to themselves the right of reviewing H.M.
Regiment without consulting the Governor, and in other
points endeavoured to infringe the prerogative of the
Crown (615). The Council supported the Governor in
his resistance to these encroachments (701). But it
was complained that he had received little encouragement from Ministers at home, and that the consequences
might prove very unfortunate (612 ii.). The Board of
Trade, however, did not fail to express their opinion
of the Assembly's pretentions. They clearly stated that
the claim that the Council had no right to amend money
bills was groundless and would receive no countenance
at home. The Assembly, as well as the Council,
it was laid down, only sat as part of the Legislature by
virtue of the Governor's Commission. Consequently, the
Assembly's "assuming a right in no ways inherent in
them is a violation of the Constitution of Jamaica, and is
derogatory to H.M. royal prerogative." They must not
persist in assuming the rights and privileges of the House
of Commons; if they did, measures would be taken to
assert H.M. undoubted prerogative. Their adjourning
themselves without the Governor's leave was another
instance of their undutifulness and disrespect to the
Crown, and unless the next reports from Jamaica showed
that they had changed their tune, proper remedies
would be applied (701). Another cause of offence was
the refusal of the Assembly to join in an Address of
congratulation upon the Peace, and then transmitting
through their Speaker an Address in which they stated
their dissatisfaction in the matters of the Asiento and the
African trade (527, 612 i., 615). These proceedings were
accompanied by scenes and measures of great violence
in the Chamber and the country. Bolingbroke wrote
to Lord Archibald in June, 1714, explaining that great
pressure of affairs had prevented him from examining
the disordered circumstances of Jamaica, but that he
hoped shortly to be able to devote his attention to it
(612 ii., 699). This letter was written two days before
the despatch of the Board of Trade already quoted (701).
He had already informed the Board of Trade that no
answer was to be made to the Address from Jamaica
referred to above, but that the "disorders and confusions" in Jamaica, Barbados and the Leeward Islands
seemed to call for some speedy remedy, and that it
was therefore proposed to send to those parts a Commissioner, with instructions similar to those given to
General Nicholson on his mission to the Northern Colonies
and Carolina. These instructions the Board was
instructed to prepare (612).
Two of the Acts passed at this time were repealed.
The first, for preventing any one person holding two or
more offices by deputy, was objected to as directed
against a particular individual. It was alledged, but
also denied, that there were abuses resulting from the
uniting of two offices in the case of the Secretary and
Provost Marshal (278, 399, 422, 429–431, 437, 440, 444).
The Act for the relief of the inhabitants of Kingston was
annulled as misrepresenting facts and infringing the
property rights of the late Governor, Sir William Beeston
(681, 690, 702, 723). The Attorney General having
pointed out several objections in law to the Act for
further quieting possessions, which was otherwise desirable
in the interests of the island, the Council of Trade decided
to accept the proposal of "several gentlemen on behalf
of Jamaica," and withhold their report upon it until the
Assembly should have had an opportunity of passing
another law free from those objections (394, 413). There
was a good deal of discussion over the disposal of escheats,
a question raised by the Governor (441, 441 i.).
Leeward Islands. Governor Douglas recalled.
This volume opens with one of a series of complaints
by Robert Cunynghame against the Governor of the
Leeward Islands for harsh and arbitrary conduct in
St. Christopher's (1). Douglas replied to these charges
as well as that of feathering his nest by compounding
with the rebels in Antigua (127, 678, 678 i. ff). He
was recalled in the following year, and Walter Hamilton
appointed to succeed him (447, 449, etc.). His commission was prepared, but not signed (461). Douglas
did not leave his Government till four months after he
received his letter of recall, and then left Daniel Smith,
Lieut. Governor of Nevis, in command (605).
Raids by French.;
Refusal to capitulate.;
Danger of Antigua.;
Strange conduct of Naval Officers.
Before this, Barbados and the Leeward Islands had
suffered much alarm, and Montserrat great damage,
from the French expeditions that were abroad under
MM. Duguay-Torin and Cassart. Early in the morning
of July 6th, 1712, a powerful squadron, including seven
men of war, appeared off Antigua. They endeavoured
to effect a landing at Willoughby Bay, but abandoned
the attempt, according to one account because they saw
a few horse and foot ready to receive them (38), according
to another, because of a heavy sea (33 ii., 38, 95 i.).
This was Cassart's "private robbing expedition," which,
after plundering Santiago and making an attempt upon
Surinam, had been reinforced from Martinique and
Guadeloupe (33 ii., 38). Cassart proceeded to Montserrat. There he effected landings at Plymouth and
Carr's Bay, putting ashore over three thousand men,
who plundered and ravaged the island for twelve days
(6, 8, 17, 33 ii., 57). The islanders, though ill-prepared
for defence and suffering from the absence of their Lieut.
Governor, appear to have acted on the whole with bravery
and determination. Retiring to their "deodand," or
strong place of refuge, they disputed the advance of the
enemy, and refused to capitulate, in spite of the offer of
easy terms. They were thus able to boast that a small
force of 400 men had, against such odds, succeeded in
maintaining H.M. sovereignty (38, 57 vii.). As soon
as the French had left the coast of Antigua, Douglas
had sent to Barbados for the assistance of the six men
of war there. Rear-Admiral Sir Hovenden Walker,
outward-bound for Jamaica with the London Trade
fleet, had left instructions with Capt. Hamilton, who was
in command of them, to go to the aid of the Leeward
Islands in any emergency. Capts. Constable and Clark
were ordered to prepare to convoy the homeward fleet.
But without informing the Governor they went for a
cruize and did not return from it till July 14th (38, 69).
There was an unfortunate delay in responding to Douglas'
appeal. The causes of it are clearly exposed in the
despatches of the Governor of Barbados, and in the formal
complaint to the Admiralty by the Governor. Lieut.
Governor, Council and Assembly of Antigua. They do
no credit to the fighting spirit of the Naval officers
concerned (45, 45 vii., 57 iii., iv., 69, 95 i.). After waiting
in vain for some days for the arrival of these men of war,
Douglas set sail from Antigua with the four small and
partly disabled guardships of the Leeward Islands (8,
33 ii., 38). Heavy weather prevented him from landing on
Montserrat, though the islanders made a sortie from their
deodand to aid him. But his appearance off Plymouth
Road alarmed the raiders, who hastily re-embarked
after setting fire to the town. They returned to Guadeloupe (33 ii., 38, 95 i.), carrying with them 1,200 out of
5,000 negroes upon the island, besides other plunder (38,
69). By this raid all the records and laws of Montserrat
were destroyed (C.O. 152, 15. f. 34 v.). Douglas had
returned to Antigua, after causing some alarm at Guadeloupe. On 20th July the six men of war from Barbados
at last arrived at Antigua. Douglas immediately reinforced them with 400 soldiers, sailors and volunteers.
Capts. Hamilton and Constable, however, decided not
to attack the enemy if they should prove to be of equal
force with themselves. Two days after their arrival they
went out to reconnoitre in the direction of Montserrat,
but returned on learning that the enemy had retired
with his booty to Guadeloupe. They had thus missed
an excellent opportunity of catching Cassart's ships in
Plymouth Road with his men ashore. For the French
landed on Montserrat on July 8th, and stayed there till the
19th, whilst Douglas' appeal for help reached Barbados
on the 13th, but, owing to the unreadiness of Capt.
Constable and the unwillingness of Capt. Hamilton to
sail without him, the men of war did not leave Barbados
till the 17th. Ignoring the appeals of the Antiguans to
stay for a fortnight and protect them from the further
raid which was plainly threatened, or to attack with their
aid the inferior French force now at Guadeloupe, they
returned to Barbados on 26th and 27th July (38, 69, 95
Hasty preparations for defence previously neglected
were made at Antigua (6, 38, 57). For, although the
Governor of Martinique gave out that he was not
rendering them any assistance, yet according to information from Martinique, Duguay-Torin was daily
expected "with fifteen men of war to attack Barbados,"
whilst Cassart was still intending to raid Antigua and
the rest of the Leeward Islands and hoping to intercept
the homeward-bound Trade fleet (57, 69).
Damages for Montserrat.
At the beginning of August a spy-boat reported that
the two French squadrons had joined forces at Guadeloupe and were preparing for a descent upon Antigua.
Their force now amounted to 16 ships and 32 sloops
(33 i.). In these circumstances Governor Douglas again
appealed to Barbados for the succour of the six men of
war, who might then join the Leeward Islands convoys
and conduct both their Trade fleet and that of Barbados
on their homeward voyage (57, 69, 95 i.). In view of the
enemy's strength the Governor of Barbados had already
urged upon the Commanders the advisability of concentrating all available naval forces at Antigua (Aug. 8).
But Capts. Constable and Hamilton were entirely concerned with resenting any orders or interference from the
Governor. On the 21st Aug. came another urgent
appeal from Governor Douglas, dated on the 13th, and
stating that he expected Antigua to be attacked within
a few hours. After wasting several days quarrelling
with the Governor and Council who urged their departure,
the two Naval officers announced on the 24th that they
were going to leeward to discover the enemy's motions,
but that they must first be supplied with men and powder.
So they continued to delay. It was not until Capt.
Constable had received an impetus in the shape of £400
from some gentlemen of Barbados and a promise of
an indemnity in case the Admiralty objected to his
not sailing at that moment with the Trade fleet, that
they finally consented to sail in the direction of the enemy.
Nor would they approach Antigua until they had
ascertained that there was no danger (38, 69, 95 i.).
The Antiguans represent that had they joined forces as
proposed, the ten English ships might well have destroyed
the six Frenchmen, who carried 130 fewer guns (95 i.).
Cassart, however, passed on to Surinam and Curacao,
which places he held to ransom (180, 291, 305, 307).
His reported return to Martinique led the Governor of
Barbados to enter into negotiations with M. Phelypeaux
for the continuance of the Truce after its expiration
on Dec. 11th, until further orders should arrive from home
(180, 180 i.–iii.). About the same time Ducasse was
reported at Martinique with an immense cargo of Spanish
treasure, and the Barbados guardships were ordered to
join the Diamond from the Leeward Islands and to
endeavour to intercept him (181). The damage inflicted
upon Montserrat was estimated at £180,000, and it was
stipulated by the XIth Article of the Treaty of Utrecht
that Commissaries should be appointed to enquire into
them. The inhabitants of Montserrat petitioned for
their appointment, and their Instructions were ordered
to be drawn up (638 ii., 727, 736).
Lt. Gov. Pearne.
The Lieut. Governor Pearne, returning from England
with H.M. Commission, found his post at Montserrat
occupied by Capt. Marshall, appointed in his absence
by Governor Douglas. Marshall refused to give place,
until Lt. Governor Smith suspended him. Neither of
them seems to have been a very desirable representative
of the Crown (38, 494, 494 i., ii., 605, 678, 678 i., ff.).
Ringleaders against Governor Parke sent home for trial.
Further evidence for and against Governor Parke and
his murderers came to hand, whilst his relatives were
active in pressing for the prosecution of the prisoners sent
home for trial (141, 232, 304, 304 i., 532). Douglas gives
a further account of his proceedings in this affair to
Lord Dartmouth's Secretary (6). After dissolving the
Assembly on account of their factious behaviour and
refusal to provide for the Regiment or defence of the
island, he issued a warrant for the arrest of two ringleaders, Dr. Mackinnen and Samuel Watkins, the late
Speaker. They promptly sought refuge on board H.M.S.
Diamond, the Captain of which had previously shown his
sympathy with the insurgents (2, 6). On arriving in
England, they managed to lie hid for some time, but
were ultimately discovered by Parke's relatives and
committed to Newgate (6, 81, 232), in company with
Thomas Kerby. All three applied for bail, the evidence
against them being delayed (6, 81, 93, 113, 129, 136,
141, 232, 265, 306).
List of inhabitants, Antigua.
Lists of the inhabitants, births, christenings and burials
in Antigua, as well as returns of exports and imports,
are given (55 x., xi.).
The Bounty for Nevis and St. Kitts.;
List of Debentures.;
Hostages at Martinique.
Progress was made with the payment of the bounty to
the sufferers from the invasion of Nevis and St. Kitts.
Many preliminary points had first to be decided. What
constituted the re-settlement of a plantation, which was
a condition of the bounty? Was a planter who re-settled
on a different one of the islands, or a parish Church which
had been destroyed, entitled to the benefit of the grant
(165, 173, 177, 185)? What was to be the form of the
debentures and what was to be the form of the oath of
re-settlement and powers of attorney? The answers to
these problems show why some claimants for the bounty
failed to make good their title both then and since.
The record of the debentures issued gives valuable lists
of the inhabitants of both islands at that time (20, 21,
190–204, 209–229, 535, 536). Recipients of the debentures petitioned to have them converted into South Sea
stock (493). Meanwhile the unfortunate hostages whom
Iberville had carried off from Nevis were still detained
at Martinique where they suffered severely (605, 720,
720 i., ii.).
Settlement of French part of St. Kitts.
With the conclusion of the war, which resulted in the
retention of the French part of St. Kitts, the question
of the disposal of the lands there came up for consideration. A plea was put in on behalf of the poorer inhabitants of the island (320, 373 i.). Many points, too, arose
in connection with the temporary grants which had been
made during the war (630, 662, etc.). The Council of
Trade was instructed to report upon the whole subject
(476, 476 i., ii.). They recommended that the late
French lands should be sold to the highest bidder, with
a preference for those already in possession, who had
improved their plantations. A quit-rent should be
reserved, and no one family should be allowed more than
two or three hundred acres, purchasers being obliged to
keep a definite number of white servants per 40 acres.
Free grants of the worst land near the sea should, it
was suggested, be made to the poorer inhabitants, up
to ten acres per family, and Commissioners be appointed
from home to supervise the distribution without interference by the Governor (662).
Newfoundland, Placentia.; The Fishery.
In July, 1713, Col. Moody was directed to sail for
Newfoundland and there to take over Placentia from
the French. He was instructed to permit the French
subjects, who were willing to remain and become British
subjects, to retain their immoveable effects, or to sell
them, if they chose to leave (343, 386). Later, owing
to a delay in sending orders from Paris to the French
Governor there, Moody was ordered to allow the French
garrison and inhabitants to remain at Placentia till the
following spring, when they were to be moved to Cape
Breton. But he was to take immediate possession of the
forts (470, 480, 480 i.–v., 521). Moody, however, got
no further than Lisbon that winter. He occupied his
leisure in framing some proposals for new powers for
himself as Lieut. Governor of Placentia, some of which
were approved, but the suggestion that he should be
empowered to employ the inhabitants out of the fishing
season in felling timber and working on the fortifications
was rejected as placing them too much at the mercy of
the commanding officer (511, 565, 594). On his arrival
in the spring he announced that he had taken possession
of the town and fort on 5th June, N.S. He reported on
the Fishery, recommended the establishment of a
permanent civil Government, and enquired how he was
to deal with French ships which were still fishing in
the neighbourhood (483, 707, 713). Attention was
naturally turned to the taking over and development of
the Fishery which had now passed into British hands.
Several reports and memorials were presented upon it
(205, 206, 521, 698) both before and after the signing of
the Peace. With the same object in view, Capt.
Taverner was appointed to survey the late French coast
and islands (415–417, 581, 582). Reports on the English
Fishery, with some notes upon the abuses connected with
it, are given (110, 115 i., ii., 310 i., 614).
In Oct., 1712, General Nicholson was appointed
Commander in Chief of the forces in Newfoundland
(104, 310 i.).
Spanish claim to right in Fishery, etc.
At the beginning of 1713 the Spanish Ambassador
presented a memorial in which a claim was advanced on
behalf of the Guipuscoans" and the other subjects of
His Christian Majesty" to navigate, trade and fish on
the coast of Newfoundland" (237, 237 i.). The Council
of Trade in their report denied any such right (252).
The claim was to be raised on many future occasions.
The word "deodand" ("dodand" or "Do Dun")
occurs several times in connection with the raid on
Montserrat (8, 38, 44, 57). We have had instances of
it before (v. C.S.P., 1699, etc.) It is used to designate
a strong, prepared place of retreat, to which the inhabitants of an island could retire before invaders.