America and West Indies
April 1713

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Institute of Historical Research

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Cecil Headlam (editor)

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1926

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166-174

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'America and West Indies: April 1713', Calendar of State Papers Colonial, America and West Indies, Volume 27: 1712-1714 (1926), pp. 166-174. URL: http://www.british-history.ac.uk/report.aspx?compid=73918 Date accessed: 16 April 2014. Add to my bookshelf


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Contents

April 1713

April 1.
Whitehall.
310. Council of Trade and Plantations to the Earl of Dartmouth. Enclose following to be laid before H.M.
310. i. Heads of Enquiry and Instructions relating to the trade and fishery of Newfoundland for Francis Nicholson Commander-in-Chief of H.M. forces there. (a) 34 queries of the same tenor as those given annually to Commodores of the Convoys. (b) The Commodores have reported that the following irregularities continue, (1) The inhabitants have not a due regard to the regulations of the fishery, it being found that to the northward of St. John's as far as Carbonier, and to the southward, as far as Ferryland, the trees are rinded, and the woods destroyed, as much as before the Act to encourage the Trade to Newfoundland. (ii) The Admirals of the harbours and masters of ships do not exactly observe the rules presented by the said Act. (iii) Vessels from New England supply the people with provisions, and the New England traders seldom depart the country, till the men of war are first sail'd, and then carry with them numbers of handicraft men and fishermen, whom they entice thither in expectation of great wages. (iv) Masters of ships are very negligent, in bringing their men home, whereby they save the charges of their passages, and those men so left, are entic'd and carry'd to New England. (v) European commodities have been carryed directly from France, Spain and Portugal to Newfoundland in British ships, contrary to law, and sold or truck'd with the traders from New England for tobacco, sugar, and other of the enumerated commodities, and carry'd to foreign parts, so that at the latter end of the year, the masters have been wholly taken up in the management of that illegal trade. You are therefore upon your arrival in those ports, to take care, as far as in you lies, that the most effectual methods be taken for remedying the said irregularities and mischiefs, as likewise that those others formerly complained of, be not again practis'd; and of your proceedings in pursuance of all these our Instructions, you are to give an account to our Commissioners of Trade etc. (c) A scheme of the fishery (number of ships, etc.) [C.O. 195, 5. pp. 292–308].
April 1.
Whitehall.
311. Council of Trade and Plantations to the Earl of Dartmouth. Enclose following to be laid before H.M. Annexed,
311. i. Instructions for Francis Nicholson, Governor of Nova Scotia. The same as those usually given to Governors, with an additional clause, vizt:—Whereas we have thought fit to give directions to our Lt. Governor of Virginia, and to the Lords Proprietors of Carolina, for settling the boundarys between the said Provinces: and whereas directions were formerly sent to the respective Governors for settling the boundarys between Maryland and Pennsylvania, you are therefore upon your arrival in the said Provinces to inquire into this matter, and to inform our Commissioners for Trade and Plantations, what obstructions the same has met with, and ye reasons thereof, with your opinion thereupon. [C.O. 218, 1. pp. 40–79.]
April 1.
Whitehall.
312. Council of Trade and Plantations to the Earl of Dartmouth. Enclose Governor Nicholson's Instructions (v. Feb. 25) for H.M. signature. Annexed,
312. i. Instructions to Governor Nicholson relating to arrears of prizes and arrears of the rights and perquisites of Admiralty. (Feb. 5, March 21.) [C.O. 324, 10. pp. 23–34.]
April 1.
Whitehall.
313. Same to same. Since our Representations to H.M. of Feb. 16, 1710/11, and Nov. 13th, 1711 and 23 April last, concerning the difficulties Col. Hunter H.M. Governor of New York had met with from the Assembly of that Province, in relation to the procuring the settlement of a Revenue for the support of the Governmt. there, we have received frequent complaints from him and the Council upon the same subject. Whereupon we take leave to acquaint your Lordship, that the Assembly still persist in their resolution of not permitting the Council to make any amendments to a mony bill, pretending they (the Assembly) have an inherent right to dispose of the mony of the Freemen of that Province, and that such their right does not proceed from any commission, letters patents, or other grant from H.M., but from the free choice and election of the people; notwithstanding they had been acquainted they could not be elected nor sit as an Assembly but by virtue of a clause in H.M. Commission to the Governor, so that several mony bills which had been amended by the Council in some essential parts were lost; and that Government is at present without any Revenue for the support thereof. Col. Hunter being empower'd by H.M. Commission with the advice and consent of the Council to erect and constitute such Courts of Judicature, as should be thought fit and necessary; on the repeated petitions from several parts of that Province, did by advice of the Council, establish a Court of Equity; upon which the Assembly upon the 24th Nov., 1711, resolved "that the erecting a Court of Equity, without consent in General Assembly, is contrary to law, without precedent, and of dangerous consequence to the liberty and property of the subjects." By H.M. Additional Instruction to Col. Hunter, of Dec. 30, 1709, he was required to reconsider an ordinance, passed at New York in 1693, for settling of fees, and with the advice and assistance of the Council, to prepare such another table of fees (if need were) as would make a reasonable provision for the officers, and be most agreeable to the circumstances of the Province; which having been prepared accordingly, the Assembly did on the forementioned Nov. 27th, resolve "that the establishing fees without consent of the General Assembly is contrary to law." These are some instances of their undutifulness to H.M., and of their attempting to abridge her Royal Prerogative there. Upon all which Col. Hunter observes in one of his last letters, that if ye remedy for these evils be long delay'd, it may cost more than the Province is worth. To which we take leave to add, that this proceeding of the Assembly of New York will be of very ill example to H.M. other Governments in America, who have most of them already shewn too much inclination to assume pretended rights tending to an independency on the Crown of Great Britain: and therefore to remedy the inconvenience at New York, and to prevent the mischief that is to be feared there, and to deter the other Plantations from attempting the like; we humbly offer that H.M. pleasure be signify'd upon the draught of a Bill to be pass'd here, for settling a Revenue at New York, which we prepared by her Majesty's directions and laid before H.M. March 15, 1710/11, (copy enclosed), for unless this be done, we do not see any probability that the Assembly of New York will settle any Revenue, for the support of H.M. Governor or Governmt. there. [C.O. 5, 1123. pp. 88–91.]
April 11.314. A slip of memoranda. [C.O. 28, 43. No. 84.]
April 15.
St. James's.
315. Order of Queen in Council. Approving of Representation of 27 Aug. 1712, and dismissing Messrs. Pinhorn, Cox, Sonmans and Hall, and appointing John Anderson, John Hamilton, John Redding, Elisha Parker, and Tho. Byerly to the Council of New Jersey. Signed, Ja. Vernon. Endorsed, Recd. Read June 24, 1715. 1¼ pp. [C.O. 5, 970. No. 165; and 5, 995. pp. 302–304.]
April 15.
St. James's.
316. Order of Queen in Council. The Lords Proprietors of Carolina having appointed Robert Johnson Governor of Carolina and desiring H.M. approbation according to the Act, the Council of Trade and Plantations are to report their opinion with all convenient speed. Signed, Christo. Musgrave. Endorsed, Recd. 30th April, Read 7th May, 1713. 1 p. [C.O. 5, 1264. No. 133.]
April 15.
St. James's.
317. Order of Queen in Council. Copy of preceding. [C.O. 5, 1292. p. 378.]
April 16.
Whitehall.
318. The Earl of Dartmouth to Governor Lowther. Recommends the case of Mrs. Susannah Thomas, "a young lady who by reason of the distance of the place where her estate lay, has suffered great wrong, and by the death of her nearest relations, been left destitute of all manner of support," etc. Signed, Dartmouth. [C.O. 324, 32. p. 213.]
April 16.
Maryland.
319. President and Council of Maryland to the Council of Trade and Plantations. Wee humbly presume to address you and implore your Lordships' consideration of the distressed circumstances of this poor Province, to which it is reduced by the extream low price of Oronoko tobacco: in the cultivation whereof the generality of the inhabitants and their servants are chiefly employed; so that most of us labour under great dificultys and had not many people applyed themselves to spinning the little wooll their small flocks of sheep afford, and likewise some small quantitys of flax, they wou'd have suffer'd very much for want of necessary cloathing, which too many, not so carefull, and industrious have wofully experienced; nor have wee any reason to expect when these our unhappy circumstances will be anywise better'd (considering the great debts the inhabitants are ingaged in, not only one to the other, but also to the merchts. in Great Brittain for necessary supplys) unless some expedient cann be found to lessen the heavy charges on tobacco, which render its produce so very small that the generality of planters are extreamly discouraged, and many of them have applyed themselves to makeing grain, finding their yearly cropps of tobacco will not support them, much less enable them to discharge the engagements they lye under; wherefore wee cannot but think it our dutys, to represent the true state of the province in this its present exigency, and humbly to request your Lordshipps to propose some expedient for our releif, etc. Signed, Edwd. Lloyd, Wm. Holland, Will. Coursey, Tho. Ennalls, Sam. Young, Tho. Greenfields, Cha. Greenberry, Jno. Hall, Th. Addison, Phile. Lloyd, Rd. Tilghman, Jno. Dorsey. Endorsed, Recd. Read July 13, 1713. 2 pp. [C.O. 5, 717. No. 53; and 5, 727. pp. 334, 335.]
[April 16.]320. Stephen Duport to the Council of Trade and Plantations. The Council and Assembly of St. Kitts pray your Lordships to recommend to H.M. that when the French part of that Island is to be disposed of, the poorest inhabitants may have some small parcels of lands given them gratis, and others more able to purchase may at least meet with a kind preferance before any strangers who have not had any share in their great fatigue, hazard, real losses and unspeakable troubles in the warrs, the consequences of which are still severely felt by most of them either in thieir persons or estates or both. Signed, Ste. Duport. Endorsed, Recd. 16th, Read 21st April, 1713. 1 p. [C.O. 152, 9. No. 159; and 153, 12. pp. 73, 74.]
April 16.
Whitehal.
321. Council of Trade and Plantations to the Earl of Dartmouth. Enclose congratulatory Address on the Peace from the Council and Assembly of Jamaica. Autograph signatures. 1 p. [C.O. 137, 46. No. 5; and 138, 13. p. 422.]
April 20.
St. James's.
322. H.M. Commission to Lt. Governor Moody to be Lt. Col. of Foot. Countersigned, Bolingbroke. Endorsed, Recd. 15th June, 1713. Copy. 1 p. [C.O. 194, 5. No. 25.]
April 23.
Whitehall.
323. Council of Trade and Plantations to the President and Council of Maryland. Enclose new seal and warrant for using it, with orders to break and send home the old one. [C.O. 5, 727. p. 319.]
April 23.
Whitehall.
324. Council of Trade and Plantations to Governor Hunter. Acknowledge letters of Jan. 1st, March 1st, June 23rd, July 11th, Oct. 31st, Nov. 1st and Dec. 16th. We transmitted to ye Lords Commissioners of the Admiralty, the proposals you sent us, relating to the building a gally and furnishing H.M. with Naval Stores. As to what you write concerning the payment of your bills for the subsistance of the Palatines; we can assure you, that we have from time to time represented that matter to my Lord High Treasurer, as you have seen by our several representations. The Acts of New Jersey, the one for raising mony, and the other for the currency of bills of credit, are now under our consideration; we shall lay the same before H.M. for her pleasure therein. In answer to that part of your letter relating to the Act for issuing mony out of the Treasurer's hands, for the support of the Government etc., we must refer you to what we have already writ to you upon that subject. We shall expect the account you promise us, of the number of inhabitants, and desire that you will distinguish the men, women and children. You say that there has never been any Register kept as to births and burials, and that there is not a possibility of doing it until the counties are subdivided into parishes, great numbers remaining unchristned, for want of ministers, upon which we should be glad you would let us know, what provision can be made at New York for the support and maintenance of such ministers there. We have laid before H.M. the accounts of arms, ammunition, etc., and what you write touching the wants of the Province; as also the accounts of the conspiracy of the slaves to destroy the inhabitants, and as you desire, have humbly proposed to H.M., the reprieving those mentioned in your letter, and so soon as we shall have received H.M. pleasure on these matters, we shall transmit the same to you. You shall likewise have the necessary information, as soon as we know the event of what we have done upon your complaints, in relation to the behaviour of the Assembly of New York; that whole affair has been laid before H.M., with the draught of a bill we humbly offered might be proposed in the Parliament of Great Britain, for raising a Revenue at New York, to support that Government, and we are not without hopes that the same may pass into a law here. We are not a little surprized at the votes of the Assembly, upon your erecting a Court of Equity at New York, it having been done, by virtue of the power vested in you by H.M.; and at the desire of the inhabitants; these votes as well as those they made in relation to the ordinance for settling of fees, are so undutyful to H.M., and so highly derogating from her Royal Prerogative, that we have laid the same before H.M., and doubt not by the next conveyance, to be able to acquaint you, with the resolutions that shall be taken thereupon. We hope now, you will be made easy, in relation to the Councillors of New Jersey, for we laid that matter very fully before H.M., with our opinion that William Pinhorn, Danl. Cox, Peter Sonmans, and Wm. Hall should be removed from the Council, and John Anderson, Wm. Morris, John Hamilton, and John Reading admitted in their places; and that Elisha Parker and Tho. Byerly be added to fill up two vacancies. Which H.M. has been pleased to approve, so that there remains nothing to be done, but that some person here, take out H.M. orders in this matter. If you had an Agent here, we could send to him to do it, but as you have none, we do not know how long the orders may lye before they are dispatched to you; this shows you the necessity of having an Agent for each of your Governments, and we desire therefore that you use your utmost endeavour to get such a one established. We have this day, received your letters of March 14th relating to New York and New Jersey, the last whereof relating cheifly to the Counsellors, needs no other answer than what we have writ above, except that when the Council is changed, you may then by their advice establish a Court of Chancery there. As to the pardon of the persons that had been condemn'd, H.M. has approv'd thereof, and Mr. Orby will take care of conveying it to you. If any such petitioner's representation as you mention, should be laid before us, you may be assured that we shall do you justice, and that you will not be condemned unheard. We have not received the address from the Assembly to H.M. which you mention in your letter of Dec. 16th, and the votes of the Assembly referr'd to in your letter of March 14th, is imperfect, wanting at least two pages. As to the quit-rents, we shall consider thereof, and by the next opportunity give you an answer thereunto. [C.O. 5, 1123. pp. 103–109; and 5, 1335. No. 181.]
April 23.
Whitehall.
325. Council of Trade and Plantations to Lt. Governor Spotswood. Acknowledge letters of Sept. 5th, Nov. 17, 1711, Feb. 8, May 8 and 15th, July 26 and Oct. 15 last. We take notice of what you write in relation to the Virginia Indian traders and to the settling the boundaries between Virginia and Carolina, and have accordingly laid (enclosed) representation of that matter before H.M. And H.M. having been pleased to approve our said representation, you may expect to receive orders from the Earl of Dartmouth thereupon. Enclose order of Council. You are very much in the right not to give way to anything contrary to H.M. Instructions, particularly in that clause wch. relates to the patenting of lands. We have considered that Instruction and do not see any cause for making any alteration therein. What you have done towards bringing the Indians to send their children to be educated at the Colledge is very commendable, and we hope that if due care be taken of them it may tend to the future advantage of Virginia. We have sent to the Lords Proprietors of Carolina what you write, etc. (May 8 and July 26th); and they have given to Col. Nicholson, who is now going over to America, commission to settle that Province upon a better foot than it has hitherto been. However your care and dilligence in endeavouring to assist the Province of Carolina against the said Indians is very commendable. We observe what you write in relation to the drawing of the quit-rents from Virginia; but as that matter is intirely under the direction of the Lord High Treasurer, you ought to have made your application to his Lordp. thereupon. If the Assembly should continue to offer any bills that may lay a burthen upon the shipping or commodities of this Kingdom, you will do well (as you have hitherto done) to discountenance such bills, and if they shou'd be brought to you for your assent to reject the same. As to the claims rejected by ye Assembly for fitting out of a spy-boat, mounting of great guns, etc., we think they were very much in the wrong; and therefore you shou'd represent to them the reasonableness of their discharging such debts as are contracted solely for their service and security. We cannot well judge of what you write in relation to the altering the value of foreign gold coins, unless we saw ye draught of what the Assembly propose. However in general, we think you may govern yourself in that matter, by allowing foreign gold to pass in proportion to the weight and fineness of guineas here. As to what you write in relation to your being reimbursed for the pork you provided for the Canada Expedition, we have been informed that 800l. has already been paid in part, and that the rest is in a way of payment. Col. Nicholson will give you a further account thereof. If upon your perusal of the Lord Baltermore's and the Lord Colepeper's grants, you find that the Queen has a right to the lands in the Fork of Potomack, you ought to insist upon it. We must commend your care in preventing the abuses you mention in the obtaining of rights for taking up lands, and we agree with you that it is very unreasonable that the persons who take up and cultivate Proprietors' lands in Virginia should have the same privilege as those who cultivate the lands held of the Crown. The account you give us of the qualifications of persons to elect Assembly men in Virginia may prove of ill consequence if not timely prevented, and therefore we desire you would take the advice of the Council, and then propose to the Assembly the passing a bill for the qualification of electors and of persons to be elected; and you may intimate to them that in case they refuse to pass such a bill as may be reasonable in this behalf, care will be taken here to set that matter upon a right foot. We have represented to H.M. what you have writ in relation to your want of arms, and also in relation to mines in Virginia, and as soon as H.M. pleasure shall be signify'd to us thereupon, we will not fail of giving you notice thereof. Enclose new seal and H.M. warrant, etc. You are to cause the old seal to be broke in Council, and transmitted to us, as there expressed. [C.O. 5, 1363. pp. 482–486.]
April 25.
Jamaica.
326. Governor Lord A. Hamilton to the Council of Trade and Plantations. Pursuant to the directions of a letter from the Commissrs. of H.M. Customs of Nov. 13th, I order'd the Naval Officer and Collrs. here to lay such bonds as were remaining in their hands and are not discharged according to law before the Attorney Genll., whom I likewise ordered to put the same in suite before March 28th last, which has been done accordingly. This, my Lords, has allarm'd the whole body of the merchts. here, and has occasion'd a representation from them to me in Council (enclosed), and upon the strictest examination and inquiry not finding anything contrary to the allegations contain'd in the said representation or any reasonable ground to suspect the want of return of certificatts to have been occasion'd by a clandestine or prohibited trade, but that the same was occasion'd by the particulars innumirated in the representation, and there being time sufficient between this and March 28th, 1715, for obtaining judgement upon the said bonds, in case H.M. shall not think fit to order a stop of those prosecutions, I have upon these motives by and with the unanimous advice of the Council given the Attorney Genll. orders to move that those actions may be continued and that no further proceedings be had thereon till H.M. pleasure be known. Signed, A. Hamilton. Endorsed, Recd. 29th June, Read 17th July, 1713. 2 pp. Enclosed,
326. i. H.M. Commissioners of Customs to Governor Lord A. Hamilton, Custom Ho. London, Nov. 13, 1712. By the Act for continuing duties on imports, plantation bonds are to be void in case there be no prosecution for breach thereof before March 28, 1713 or judgment obtained before March 28, 1715. We have directed Naval Officers and Collectors to put all such bonds in suit as are remaining in their hands which are not discharg'd according to law, and desire you will be assisting with your authority therein. Signed, J. Bridges, J. Stanley, F. Gibbon, Jo. Werden. Same endorsement. Copy. 1 p.
326. ii. Merchants of Jamaica to Governor Lord A. Hamilton. Protest against the prosecution of plantation bonds referred to in preceding. The want of due returns of the certificates upon such bonds has in many cases been due to vessels being captured during the war, etc. Signed, John Eastwicke and 62 others. Same endorsement. 1 p. [C.O. 137, 10. Nos. 16, 16 i., ii.; and (without enclosures), 138, 14. pp. 5–7.]
April 25.
Jamaica.
327. Governor Lord A. Hamilton to Mr. Popple. Refers to preceding, etc. Continues: What we have now most to apprehend is the interruption the trade in these parts may meet with by pyratts, being informed there are allready some hundreds of them gott together in the Gulff of Darian, and there is at present here only one fifth rate frigot and that very improper for such a service having been much disabled and shattered by a long voyage and ingagement on the coast of Guinea, etc. Signed, A. Hamilton. Endorsed, Recd. 29th June, Read 17th July, 1713. 2¾ pp. [C.O. 137, 10. No. 17; and 138, 14. pp. 8, 9.]
April 28.
Whitehall.
328. Mr. Popple to Mr. Attorney General. Encloses Governor Hunter's queries relating to quit-rents (March 14) with copy of clause in his Instructions, for his opinion thereon. [C.O. 5, 1050. Nos. 66, 66 i.; and (without enclosure) 5, 1123. pp. 110–112.]
April 29.329. Abstract of the case of escheats in Jamaica. 1 p. [C.O. 137, 51. No. 65.]