America and West Indies
March 1714

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Institute of Historical Research

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Cecil Headlam (editor)

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1926

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302-325

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'America and West Indies: March 1714', Calendar of State Papers Colonial, America and West Indies, Volume 27: 1712-1714 (1926), pp. 302-325. URL: http://www.british-history.ac.uk/report.aspx?compid=73931 Date accessed: 24 September 2014.


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Contents

March 1714

March 1.
Whitehal.
598. Mr. Popple to Sir Charles Hedges. Encloses copies of Lt. Governor Pulleine's letter and enclosed affidavits (Jan. 9th) for his opinion and that of other civil lawyers thereupon in writing on Friday morning, etc., at which time their Lordships desire ye favour of speaking with you, etc. [C.O. 38, 7. pp. 191, 192.]
March 4.
Treary. Chambers.
599. Mr. Lowndes to the Council of Trade and Plantations. Encloses following for their report. Signed, Wm. Lowndes. Endorsed, Recd. 10th, Read 11th March, 17 13/14. Addressed. ¾ p. Enclosed,
599. i. Order of Queen in Council, Windsor, Nov. 30, 1713. Referring following to the Lord High Treasurer (v. A.P.C. II., No. 1195). Signed, William Blathwayt. ¾ p.
599. ii. Petition of George Earl of Orkney, Captain Generall and Governor in Chief of Virginia to the Queen. Proposes that encouragement be given to the inhabitants to work some ore discovered in Virginia within this 12 months last past, that has greatly the semblance of silver in it. Being sensible that all gold and silver mines are your Majesty's intire property, they have desisted making any further attempt till they are encouraged by your Royall Proclamation, and what share you will please to retain to yourself. After which the inhabitants there, are desirous to go in quest of this important project at their own proper charges, etc. Endorsed, March 1, 17 13/14. Copy. 1 p. [C.O. 5, 1316. Nos. 104, 104 i., ii.; and 5, 1364. pp. 26–29.]
March 4.
Drs. Commons.
600. Sir Charles Hedges and others to Mr. Popple. Having perused Mr. Pullein's letter etc. Jan. 9, wee humbly are of opinion, that in case the Lords Commissrs. for Trade, think those informations to bee true, that then the only, and proper way for relief will bee, upon a representation to the Minister for Spain residing here, and likewise by H.M. Minister att the Court of Madrid, to demand reparation, and redresse of those practises complained of, which seem very prejudiciall to, and destructive of the trade of H.M. subjects in those parts: and that herein, no time should bee lost, etc. Signed, C. Hedges, Nath. Lloyd, Hen. Newton, R. Wood, Hum. Henchman. Endorsed, Recd. Read 5th March, 17 13/14. 2pp. [C.O. 37, 9. No. 29; and 38, 7. pp. 192, 193.]
March 5.601. Council of Trade and Plantations to Lord Bolingbroke. Enclose copy of preceding, wth. wch. we agree, etc. We have no reason to doubt of ye truth of ye facts, etc. Autograph signatures. 1 p. Enclosed,
601. i. Copy of No. 600. [C.O. 37, 26, Nos. 20, 20 i.; and (without enclosures) 38, 7. p. 194.]
March 5.602. Extract of a letter from Elisha Dobree to Capt. Taverner. I have this day received a letter of my friends of St. Malo who writes me that the French ships continue to goe for St. Peters this year, under the pretext of their having still their habitations, and will dispose of none, they having retracted their mind of selling or disposing of them, etc. Signed, Elisha Dobree. Endorsed, Recd. Read 20th, March, 17 13/14. 1 p. [C.O. 194, 5. No. 36.]
March 9.
Virginia.
603. Lt. Governor Spotswood to the Council of Trade and Plantations. Refers to previous letter, and continues his remarks upon other laws passed the last sessions of Assembly:—The deficiency as well as desuetude of the only law here made for keeping Parish Registers having rendered ineffectual all my endeavours for obtaining an exact list of the births, christnings and burials required by H.M. Instructions, I thought it necessary to recommend that matter to the Assembly, and I hope the Act now passed is so well calculated for answering the end proposed, that as soon as it takes place I shall be enabled to send your Lordps. such a compleat list as may make some amends for the deficiency I have heretofore sent. Upon the earnest application of the inhabitants of St. Mary's parish I have consented to an Act for redressing their grievances by dividing that parish: for having received no answer from your Lordps. to what I writt concerning the power of bounding and dividing countys and parishes, I could no longer resist the importunitys of the people in this case; Nevertheless your Lordps. will observe by the different preamble of that Act that I have endeavoured to set a precedent for future applications of that kind to be made first to the Crown in the person of the Governor, and to undecieve the people, who have hitherto look'd upon their Representatives, to have the sole power in all such matters. Two of the Acts pass'd this session vizt. that for the settlement of ferrys, and that prohibiting the entertainment of runaway seamen, which were only temporary and near expiring, are now made perpetual according to H.M. Instructions concerning the re-enacting laws of that nature which I communicated to the House of Burgesses on this occasion, as judging both these Acts to be of publick benefit; and if the Act concerning the nomination of sherifs, which is now also re-enacted had not depended on a temporary want, namely the increase of their profites by the advance of the price of tobacco, which I hope a short time will bring to pass, I should have got that too made perpetual: but seeing such an alteration of the circumstances of the country may soon make that law altogether unnecessary, I hope your Lordps. will not construe it a dispensing with H.M. directions that it is still continued temporary. I gave your Lordps. an account in my last of the confidence the Assembly had placed in me, with relation to two particulars of considerable importance, the one for finishing the Governor's house without limitation of the summ which your Lordps. will find in the Act to impower John Holloway and John Clayton, gent., to recieve the money paid for lotts in Williamsburgh, and the other in the Act continuing the Rangers, whereby I am impowered to disband such of them as I shall think fitt, and to apply their pay towards the settlement of the frontiers; and by an address of the House of Burgesses (Journal, Dec. 9), I am further impowered to apply towards the same service the remaining part of the sum appropriated for the relief of North Carolina. In pursuance of this last trust, I formed the scheme mentioned in the Council Journal, Jan. 27. and hope to put it in execution very speedily, with more safety to the people and at a fifth part of the charge they have been at for some years past to maintain their Rangers. For after severall conferences with the Tuscaruro Indians who have for some time dispersed themselves on our frontiers, and occasioned the keeping on foot so great a number of Rangers to prevent their incursions, I have at last concluded a Treaty with them, and renewed the Treatys made with the most considerable of our former Tributarys, which I hope will not only secure us against any danger from them, but prevent all other roving partys of strange Indians from coming near our inhabitants; the severall partys of men that are to be settled among the Tuscaruros and the other Tributarys will be as so many spyes upon all their actions, the trade carryed to their towns, and settled upon a just and equal footing, and a due administration of justice in all controversys arising between them and the English will create in them a likeing to our Laws and Government, and secure a necessary dependance on this Colony for a supply of all their wants as the instructing their youth in the priniciples of Christianity, will in a generation or two banish their present savage customs, and bind them by the obligations of religion to be good subjects and usefull neighbours. I shall not enlarge further on the advantages of these Treatys, of which I now send your Lordps. the copys. I hope your Lordps. will be satisfyed of the good intention with which they are formed, and I have not much doubt but that the event will be answerable; for as to our ancient Tributarys, there is no suspition of their receding from any of their engagements; and for the Tuscaruros, if they once deliver the hostages they have promised (which I expect to know in ten days' time at furthest) there's as little question to be made of them, considering the aversion they have to return into Carolina, and the impossibility of their subsisting long without trade. I shall not trouble your Lordships with anything more of the proceedings of the Council, having in my former letters hinted whatever is remarkable therein. Only take notice that this winter has been fatal to three of that Board vizt. Henry Duke, William Fitzhugh and John Custis, Esqrs., who all died in little more than a month, the number of the Council being by that means and the absence of Col. Jenings and Col. Ludwell now in England reduced under the number of nine. I did in pursuance of the power granted me by H.M. for supplying that vacancy on 27th Jan. call to that Board Major Nathaniel Harrison, whom I formerly recommended to your Lordps., and on 6th Feb. Mr. Mann Page a young gentleman of a liberal education, good parts and a very plentifull estate, and whose father and grandfather had the honour of the same post. After this Mr. Edmund Berkley brought me H.M. letter for swearing and admitting him into the Council, but at the same time insisted upon his taking place of all others sworne in since the date of his letter, alledging that from that time he was to be look'd upon as one of the Council tho' not sworne, and so preferrable to any of my nomination; but as I do not pretend to any authority here except what is derived from H.M. and that I look upon myself to be equally impowered and under an equal obligation of obedience whether H.M. commands be signifyed to me under the Great Seal as is the power given me by my Commission for supplying vacancys in the Council or by H.M. sign manual as the letter in favour of Mr. Berkley is, and besides that all the precedents I can find are plainly against this Gentleman's pretension, except where it hath been otherwise directed by H.M. express commands, I did not think it proper for me to determine that point in his favour, upon which he refused to be sworne; and having occasion since to convene the Council I gave him notice thereof, that he might then take the opportunity of being sworne, but he returned answer that he was not resolved whether he should accept thereof or not untill he had right done him. Whereupon I did on the first instant swear Mr. Robert Porteus to make the number of the Council nine. This last gentleman being of a very good character both for good sense and loyal and honest principles, and besides of a very considerable estate, I take the liberty to recommend both him and Mr. Page to your Lordps'. favour that they may be confirm'd in that post, which I hope their services to H.M. and their country will merit. At the same time I beg your Lordships will do me the justice to believe that I have not been hasty in filling up the Council, out of any dislike of Mr. Berkley, or upon the account of his being put in without my recommendation, but rather to construe it a seasonable precaution to supply the General Court (which now draws near) with a sufficient number of Judges not allyed to one particular family: for since the death of the three gentlemen above-named (as I perceive by Mr. Secretary Cock's letter) the removal of Mr. Jenings, the greatest part of the present Council are related to the family of the Burwells, and as there are sundry other gentlemen of the same family, whose qualifications may entitle them to be of the Council, if they also should be admitted upon the said private recommendation as Mr. Berkley hath been, the whole Council would in a short time be of one kindred. As it is now, if Mr. Bassett and Mr. Berkley should take their places, there will be no less than seven so nearly related that they will go off the Bench, whenever a cause of the Burwells come to be tryed, whereby there must in all such cases be a failure of justice, unless the Council (who are by law constituted the sole judges of the General Court) be composed of a competent number of other persons not liable to the same exception. This consideration will I doubt not prevail with your Lordships to believe that the recommendation of a Governor is more disinterested than many times that of other persons, and may be often necessary to secure a ballance both on the bench and at the Council Board. However, when Mr. Berkley thinks fitt to offer himself to be sworne, I shall readily admitt him, and it is purely his own neglect that he was not sworne before either of the Gentlemen with whom he now disputes: for he had his letter by the same ship which arrived on the 5th Jan. and brought me that for swearing the Secretary, and yet he gave me no notice that he was appointed of the Council till after Mr. Page was sworne, nor shew'd me H.M. letter till Feb. 8th. If H.M. shall not think fitt to give Coll. Basset his former rank in the Council, I cannot recommend a fitter person to supply the vacancy than Mr. John Robinson nephew to the present Bishop of London, he is now with his uncle, and if he returns hither (which is yet uncertain) I hope your Lordps. will afford him the honour of serving H.M. in a station he is well qualifyed for. Mr. Thomson, who for some years past was Attorney Generall of this Colony, died in the beginning of last month, and I have commissionated in his place Mr. John Clayton an English Gentleman and a barrister-at-law, who has as fair a character as anyone I ever knew of that profession. Signed, A. Spotswood. Endorsed, Recd. 1st, Read 9th Sept. 1714. 6 pp. Enclosed,
603. i. Treaty of Peace concluded between Lt. Governor Spotswood and Deputys from that part of the Tuscoruro Nation lately inhabiting towns of Rarocaithee, Kintha, Junonitz and Tahoghkee. Williamsburgh, Feb. 27, 1713 (-14). Whereas the Indians of the late Tuscoruro towns Rarocaithee, Kintha, Junonitz and Tahoghkee and divers others of the same Nation who during the war with the Province of North Carolina deserted their settlements on the frontiers of that Province, have for some time past continued dispersed on the north side of Roanoake River within the bounds of Virginia, and after sundry applications for obtaining a peace with the said Colony and the liberty of settling themselves within the limits and under the protection thereof have now deputed and sent Naccouea-ighwha, Nyasauckhee and Narrouiauckhas great men of the said towns humbly to represent their innocence the late barbarous massacre in North Carolina and in the war which ensued thereupon, for avoiding whereof they voluntarily retired very early from their ancient settlements, and have not since been aiding or assisting to the rest of their nation engaged therein: and the said Deputys having further represented that it is impossible for them any longer to subsist in the condition they are at present, nor to restrain either their own people or that ungovernable multitude of other towns which have since resorted to them from supplying their necessitys by rapine and hostilitys on some of the English. And whereas the said Indians have as an earnest of their sincere desire to continue in friendship with the English first delivered up Hancock the ringleader in the massacre to the Government of Carolina, and lately seiz'd and delivered to this Government of Virginia two Tuscoruro Indians who last summer committed a barbarous murder on Roanoak River promising to bring in the other as soon as possible, and have now humbly begg'd that a Peace may be granted them with the liberty of settling themselves within the bounds of Virginia offering to become Tributarys, and to submitt to such terms as the Governour of Virginia shall think fit to impose for securing forever hereafter the inhabitants of the said Colony and all other H.M. subjects in the neighbouring Provinces against any dangers from them and their adherents: the said Governor of Virginia being desirous as well to reestablish the peace and tranquility of the Province of North Carolina, as to terminate the great expence which the Colony of Virginia hath for some years undergone for the defence of its frontiers, and more especially with a pious intention to convert the sd. Nation of Indians from Paganism and Idolatry to the true Christian Faith to which they have now mainfested a good disposition, Hath with the advice of H.M. Council concluded this present treaty as follows, (1) It is hereby stipulated and agreed on the part of the sd. Indians that they and their posterity shall from henceforth become Tributarys to her Majesty of Great Britain and her successors, under the subjection of the Government of Virginia, and shall submit to such forms of Government, and be obedient to such rules as the Governor of Virginia shall appoint. (2) The sd. Indians do consent and agree that as soon as a place shall be set apart for their habitation, and a Minister and School Master established there, all their children shall be taught the English language and educated in the principles of the Christian Religion; and in the meantime twelve boys of the principal familys of their Nation shall be sent to be taught and educated at the Saponie Town whenever a School Master shall be established there. (3) There shall be a firme peace and amity forever hereafter between the said Indians and all others that shall incorporate with them and the Governmt. of Virginia and inhabitants thereof as well English as Tributarys; and if any murder, robbery, theft, or other capital crime shall be comitted by any of the Indians aforesaid, the sd. Nation shall forthwith deliver up the offender to be tryed and punished according to the laws of Virginia, and for all lesser offences, committed by an Indian, to any of the English and all disputes and controversys between them, the same shall be determined by the proper judges appointed by the Governour for that purpose neither shall either party be permitted to seek redress by any other means. (4) The Governor of Virginia shall use his endeavours to establish as soon as may be a peace with the Senequas, so as the sd. Tuscoruro Indians may securely without danger of being attack'd by that nation hunt in all the places that shall be assigned them for that purpose. But it is nevertheless expressly stipulated that the sd. Tuscoruro Indians shall neither before or after such peace hold any correspondence with the Senequas or other forreign Indians without the approbation and license of the Governour of Virginia for the time being: and more especially that they shall not harbour or assist any Indians engaged in war with any of H.M. Colonys or plantacons. (5) If the said Tuscoruros shall discover any conspiracy carrying on by any of their own Nation or of the other Tributary Indians, against H.M. subjects or the other Tributary Nations: or that any strange Indians are on their march for attacking the inhabitants or Tributarys of Virginia, the sd. Tuscoruros shall give immediate notice thereof to the Governour for the time being, and be ready with all their force to suppress such conspiracy or forreign invasion: and shall whenever required march with the forces sent out by the Governour of Virginia, against all enemyes whatsoever. (6) The Governour of Virginia shall allott and appropriate for the habitation of the said Tuscoruro Indians [a tract of land] between James River and Rappahannock equivalent to six miles square whereon they may build a fort and town and make improvements for their more convenient dwelling and subsistance. They shall also have liberty of hunting on all unpatented lands between the sd. two Rivers without hindrance or molestacon; and in case it shall happen that the lands between the said two rivers be hereafter taken up and patented by H.M. subjects as high as the sd. Indian settlement, so as it may be found convenient to remove the sd. Indians to a further distance there shall be of new laid out and assigned a tract of the like quantity of land equally convenient for their habitation, and due satisfaction made them for such improvements as they shall leave at their removal: But the sd. Indians shall not sell or alienate any parts of the lands to be assigned for them; the same being hereby intended to remain in common to them and their posterity and all sales or leases thereof made by them to any Englishman, upon what consideracon soever are hereby declared to be ipso facto void. Nevertheless it is hereby concluded and agreed that there may be set apart by the Governour of Virginia out of the land assign'd from time to time for the habitation of the sd, Indians, a tract not exceeding 2000 acres for the better support of the Minister and Schoolmaster to be established there, and of the officers and souldiers to be appointed for the guard of the sd. Indian Fort, which tract shall in like manner remain for the use of the said Minister, schoolmaster, officer and soldiers according to the distribution thereof to be made for each respectively by the Governour of Virginia, without being subject to the alienation, mortgage, or lease of any of the persons in those imployments. Provided always that if through mortality or desertion the sd. Nation of Indians shall decrease to an inconsiderable number no greater tract of land shall be required by them for their habitacon than according to the proporcon of 100 acres for each person with the liberty of hunting on all the unpatented lands between the sd. Rivers as aforesaid. (7) The sd. Tuscoruro Indians shall within seven months remove themselves from Roanoake River and from all other places within the bounds of Virginia where they are now dispersed to the land which shall be assign'd them as aforesaid between James River and Rappahannock and shall within ten days after their return from hence to Roanoak begin to deliver 20 men, women or children of the chief of the familys of their nation to be kept as hostages at the town of the Nottoway Indians there to remain until the sd. Nation have removed to the place assigned them as aforesd. and have given such further security as shall be required for performance of the Articles herein stipulated: after the delivery of which hostages licenses shall be granted the sd. Indians to trade and purchase such a quantity of ammunition as shall be necessary for their subsistance. (8) For the better defence of the said Indian settlement there shall be maintained at the publick charge of the Government of Virginia[n] an officer and twelve men to reside in their Fort, so long as it shall be found necessary to assist them against any strange Indians by whom they may be attacked, and to go out with them in their hunting as there shall be occasion. (9) During the continuance of the sd. officer and men at the Indian Fort aforesaid none of the sd. Indians shall depart off the grounds allotted for their habitacon, nor repair to the towns of the other Tributary Indians except in company of some of the English residing at their Fort neither shall any of the sd. Indians depart off their hunting grounds or come among the inhabitants without the license of the Governour, or the Captain of the Fort or in company of some Englishman belonging to their Fort, on pain of being punished at the Governour's discretion nor shall it be permitted them to hunt on the land of any other Tributary Indians without the license of such Tributarys. (10) For the conveniency of the sd. Indians, and for the more regular carrying on the trade, there shall be a publick Mart and Fair kept at their settlemt. at least six times in a year, where it shall be free for all H.M. subjects to resort with their wares and merchandizes, and to exchange the same with the Indians for their skins, furrs and other commoditys, and Magistrates shall be appointed to attend at the sd. Fairs to see the trade justly manag'd to enquire into any abuses or injurys offered to the Indians by any of the English residing among them and to administer justice in all controversies that may arise between either party concerning the same. (11) Any other of the Tuscorura Nation, who shall within twelve months desire to incorporate within the sd. town or settlement of Indians, and submit to the aforegoing regulations and articles shall be received to the benefite of this Treaty; excepting only such of the sd. Indians as were notoriously guilty of the late massacre in North Carolina, or of the late murders on the frontiers of this Colony, and if any such notorious offenders shall resort to the said settlement, the said Indians do solemnly promise to secure and deliver them up to the Government of Virginia to be punished according to the laws thereof. (12) Whereas by the first article the said Tuscoruro Indians have submitted themselves Tributarys without any specification of the quality or proporcon of tribute to be paid by them, the Governour of Virginia prefering the safety and benefite of H.M. subjects to all private advantage which he might reap from the tribute of skins which have usually been paid by the Indians to former Governours, and desiring by easing them in that particular to engage them the more to a faithful observance of this present Treaty, doth hereby stipulate and agree with the sd. Indians that the sd. nation shall only pay as an acknowledgment of their dependance on the Crown of Great Britain, the yearly tribute of three Indian arrows to be delivered by the chief men of the sd. Nation to the Governour or Commander in Chief of Virginia for the time being yearly on St. George's Day at the Palace in Williamsburg. Signed, The Mark of Narrouiauckhas (Totem Mark), Nyasaughkeé, (Totem Mark), Naccouiaighwha (Totem Mark). Endorsed, Recd. 1st, Read 9th Sept. 1714. 5 pp.
603. ii. Treaty of Peace concluded by Lt. Governor Spotswood and Ouracoorass Teerheer of the Nottoway Indians. Williamsburgh, Feb. 27th, 1713. Whereas the lands laid out and appropriated for the settlements of the Nottoway Indians in pursuance of the Articles of Peace made at Middle Plantacon the 29th of May 1677 being now encompassed by the latter settlements of the English inhabitants, are thereby become inconvenient for the hunting by which the sd. Indians subsist, in regard, that being obliged to pass through the plantacons of the English quarrels do often arise to the interruption of good correspondence between H.M. subjects and the sd. Nation of Indians; whereupon the Teerheer of the said Nottoways having intimated his desire to change his present settlement for one more remote from the English as well for avoiding all occasions of difference with the inhabitants as for the conveniency of a larger range for hunting. The Governour of Virginia being desirous to grant so reasonable a request: and at the same time to employ the service of the sd. Nation of Indians (of whose fidelity he hath had several proofs) for the protection of H.M. subjects inhabiting the frontiers of this Colony, and willing also to lay hold of this opportunity to improve the favourable disposition of the sd. Nation towards embracing the Christian faith by which means the glory of God may be promoted and the fidelity of the sd. Indians secured by the stricter ties of religion, hath therefore by and with the advice of H.M. Council concluded this present Treaty as follows. (1) The sd. Nation of Indians shall from henceforth continue Tributarys to H.M. of Great Britain and her successors under the subjection of the Government of Virginia. (2 and 3) Similar to articles 2–5 supra. (5) There shall be set out and assigned for the settlement of the sd. nation and all other Indians who shall thereafter incorporate with them a tract of land between the Rivers of Appomattux and Roanoak above the inhabitants equivalent to six miles square, where they may build a fort and make improvements for the conveniency and subsistance of their familys; and moreover there shall be set apart a sufficient tract of hunting grounds for the sd. Indians between Roanoak and James Rivers to be bounded in such manner as the Governour shall think fit. And if it should happen that the lands in those parts be at any time hereafter taken up and patented by H.M. subjects as high as the present intended settlement etc. as 6 supra. (6–8 as 10 supra). (9) The Articles of Peace concluded 29th May, 1677 so far as the same are [? not Ed.] altered by this present Treaty are hereby ratyfied and confirmed, and shall be construed to extend to all the Indians who shall hereafter incorporate with the sd. Nottoways. (10) If any infringements be made of this present Treaty by any of H.M. subjects within the Colony of Virginia, upon a representacon thereof made by the sd. Indians, due reparation and satisfaction shall be given them therein. (11) Whereas the Governour of Virginia did some years ago in order to encourage the sd. Indians to send some of their children to be educated at the Colledge of William and Mary, remit the annual tribute of skins which were payable by the sd. Indians to the Governour for the time being and it being stipulated by the first article etc. as No. 12 supra. Signed, The mark of, Ouracoorass, Teerheer of Nottoway. (Totem mark). Same endorsement. 4⅓ pp.
603. iii. Treaty of Peace concluded by Lt. Governor Spotswood and Tawheesocktra, Hoontkey of the Saponies, Nehawroose in behalf of the Hoontkymyhá of the Shikanox Indians, Chawco in behalf of the Hoontky of the Occoneechee Indians, and Mauseeuntkey, Hoontky of the Tottero Indians. Williamsburgh, 27th Feb., 1713. Whereas the several Nations of Indians aforenamed have for some years past lived as Tributarys to H.M. Government of Virginia and inhabited a small tract of land on Maherine River, which now is encompass'd by the English settlements etc., as the preamble to preceding. Articles as (1) supra. (2) as supra, but without clause as to the 12 boys. (3) and (4) as supra. (5) as supra, the tract of land to be south of "James River above the inhabitants." (6–11) as 6–11 preceding. Signed, The marks of Chawco (Totem Mark), Mauseeuntky (Totem Mark), Tauheesoká (Totem Mark), Nehaurooss (Totem Mark). Same endorsement. 4 pp. [C.O. 5, 1316. Nos. 110, 110 i.–iii.; and (without enclosures) 5, 1364. pp. 45–57.]
March 9.
Virginia.
604. Lt. Governor Spotswood to the Earl of Dartmouth. Repeats part of preceding and refers to laws passed in the last session. Signed, A. Spotswood. 3 pp. Printed, Va. Hist. Soc. Coll. (Spotswood Papers) II. 63. Enclosed,
604. i. Minutes of Council of Virginia, Aug. 12—March 1st, 17 13/14.
604. ii. Minutes of Council in Assembly of Virginia, Nov. 6—Dec. 12, 1713.
604. iii. Journal of House of Burgesses of Virginia, Nov. 5—Dec. 12, 1713.
604. iv., v., vi. Duplicates of Nos. 603 i.–iii. [C.O. 5, 1341. Nos. 20, 20 i.–vi.]
March 9.
Nevis.
605. Lt. Governor Smith to [? the Earl of Dartmouth.] I have the honour to receive your Lordship's letter of Oct. 19th and was prepared to have given your Lordship an account of occurrences here had any good opurtunity happened. The late Generall Douglas thought fitt to leave his Government the 4th Dec. last, when he embarq'ed for England. Before he went off he sent me H.M. Instructions, and Seal of the Islands; and orders to take care of the Government of the Leward Islands till H.M. pleasure should be known; which I have accordingly done, only the expectation of another Generall's coming suddenly made me delay visiting the other Islands 'till now that I intend to doe it, so soon as H.M. ship that is to attend this Government is come from Barbadoes. In November last Col. John Pearn arrived from England, went from Antigua to Montseratt to take charge of the government of that Island pursuant to H.M. Commission to him; but was obstructed by Capt. John Marshall who was putt into that post in Aprill 1713 by the late Generall Douglas, because of Coll. Pearn's absence; upon which he came to me, and I finding he had H.M. lycence for staying in England, and came out againe with her Commission, writ to Mr. Marshall, not to obstruct Mr. Pearn but deliver him the Government; but he peremptorily refused it; and writ me, nothing should displace him but a suspension in answer to which I did suspend him in January last since which Mr. Pearn has had the government of that Island, etc. March 13. By a letter I recieved yesterday from our prisoners att Martinique, they complaine they receive severe and barbarous usage from the French; they are not permitted to go out, but by two att a time and a soldier with them, whose victualls they are obliged to pay for, and dare not speak but with great caution otherwise they are insulted. They are a great charge to this Island, my Lord, and expend allso their own estates and youth in prison in time of peace; wherefore I beseech your Lordship's favour and compassion towards them by laying their case before H.M. in Council, when an address from this island to H.M., which will be delivered your Lordship by the agent for this Island, shall be layd before her, that some means may be used for their speedy redemption. Signed, Dan. Smith. Endorsed, Rd. 5 May. 1½ pp. [C.O. 184, 1. No. 29.]
March 9.
Whitehal.
606. Council of Trade and Plantations to Lord Bolingbroke. Reply to April16th. We have discours'd with some of the most considerable Jamaica merchts. and planters here, in relation to the keeping of Col. Handasyd's Regiment there, etc., and considered what has been writ to us by Governor Lord A. Hamilton, and humbly represent, that during the late war the Assembly did in addition to H.M. pay, allow quarters to the private sentinels, or 5s. per week to each man at the choice of such planters as were to quarter them, and 20s. per week to the officers, and this was done from year to year by temporary Acts; in which the Assembly have sometimes put such hardships upon the officers that H.M. has thought fit to repeal some of them. Since the Peace, the Assembly have passed another Act for subsisting the said Regiment which consists but of 300 private men, besides officers, to the 1st of May next, and no longer, and have declared (as we are inform'd, not having yet reced. the Journals of that Assembly) that they will not continue it any further. And the merchants and planters are all of opinion, that they will adhere to that resolution; in which case, it is not possible for the Regiment to subsist there on Her Majesty's pay only. As to the consequence of recalling the Regiment, we take leave to represent, in concurrence with the opinion of the Governor and of the merchants and planters here, that Jamaica being in a manner surrounded by Spanish and French settlements, if there is regular force there, it may be in danger from the attempts of an enemy in case of any rupture hereafter. That there are a great number of rebellious negroes in the mountains, who frequently do a great deal of mischief; Besides the inhabitants are in great apprehension of an insurrection of their own negroes, being about 40,000 in number, and very insolent, and not 3000 whites able to bear arms in the Militia, so that if the regiment were absolutely recalled, the Island wou'd be much less able to resist the said negroes in case of an insurrection. To obviate therefore this danger, the merchants and planters here, propose, that the corps of the regiment be recall'd, and the private sentinels left at liberty to stay or return, the greatest part of whom they doubted not wou'd remain there, and be by consequence inlisted in the Militia. Upon which we take leave to observe, from what the Governor has writ us, that the militia of that Island is too few, and too much scatter'd for the defence of so large an Island, even from their own negroes: that upon his viewing the said militia, tho' but a regiment at a time, he was forc'd to send a body of horse into those parishes from whence the foot were drawn, so apprehensive were the planters of their negroes. We further take leave to observe, that the fort at Port Royal (which cost about 100,000l.) is mounted with 120 guns, and so formidable, that it has never yet been attempted by an enemy, and is absolutely necessary for the security and defence by H.M. ships, of the Island, and the trade thereof, in time of war: so that we cannot think it proper or advisable for the reasons aforemention'd, that a fort of such consequence shou'd be left in the custody of the Militia there. And therefore we humbly offer, that two or three independent companies to be left there, will be necessary even in time of peace, to guarrison the forts and to keep other guards, for the safety of that Island and the Government thereof. Autograph Signatures. 4¾ pp. [C.O. 137, 46. No. 6; and 138, 14. pp. 88–91.]
[Mar. 11.]607. Mrs. Fryday to the Council of Trade and Plantations. Prays for representation on reprieve of her son, John Fryday, which will expire June 18 (v. July 11, 1713). He is convicted of clipping and lightening Spanish money in Jamaica, being unwarily drawn into the committing of that fact from his ignorance of the crime and the observation of its being commonly practised in New England without the persons being accused or thought guilty of a capital offence, etc. Signed, Frances Fryday. Endorsed, Recd. Read March 11, 17 13/14. 1½ pp. [C.O. 137, 10. No. 44.]
March 12.
Whitehal.
608. Council of Trade and Plantations to the Queen. In obedience to your Majesty's Order in Council, we have reconsider'd our representation of Feb. 21st, upon the petition of Thomas Simpson etc., and the Act of Jamaica investing the estate of Thomas Finch in trustees, etc., and have further consulted your Majesty's Attorney and Solr. Genl. thereupon, and heard the parties on both sides, etc. And upon the whole, we humbly represent, that we find no reason to alter our former representation, the facts therein contain'd appearing to us to be true, except, that whereas we did then represent that by the laws of that Island real estates were not subject to pay debts, we now find upon a more strict enquiry, and confirm'd to us by some of the most considerable planters here, and not deny'd by those who appear'd for the Act, that there is indeed no written law for it, but that it has been the constant practice and usage in the said Island, and therefore, for the reasons we humbly laid before your Majesty by our said representation, we are still of opinion that the said Act for vesting Finch's estate, etc., is unprecedented and unreasonable, and that your Majesty be graciously pleased to signify your disallowance of the said Act. [C.O. 138, 14. pp. 92, 93.]
March 12.
Whitehal.
609. Council of Trade and Plantations to the Queen. Recommend John Fryday for H.M. pardon, upon the grounds urged by Governor Lord A. Hamilton. 2 pp. [C.O. 137, 46. No. 7; and 138, 14. pp. 94, 95.]
March 12.
Queen's Bench Buildings.
610. Jeronimy Clifford to Mr. Popple. Enquires result of his letter Dec. 30, 1713, etc. Signed, Jer. Clifford. Endorsed, Recd. 16th March, Read 14th April, 1714. Addressed. ¾ p. [C.O. 388, 76. No. 166.]
March 17.611. Col. Blakiston to Mr. Popple. (v. March 4). In reply to letter inviting his suggestions, Proposes that the Adventurers in Virginia be exempted for 21 years from paying any share H.M. might retaine of the silver mines, the undertakeing being hazardous, the country poor, and they not insisting that H.M. be put to any charge, etc. Signed, N. Blakiston. Endorsed, Recd. 17th March, Read 12th May, 1714. 1 p. [C.O. 5, 1316. No. 105; and 5, 1364. pp. 30, 31.]
March 18.612. Lord Bolingbroke to the Council of Trade and Plantations. You have herewith a copy of an address to H.M. from the Councill and Assembly of Jamaica. The Queen has not thought fit to give any answer to this address, but has ordered me to transmit it to your Lops. for your consideration. And on this occasion H.M. directs me to acquaint you that these disorders and confusions in that country, and in other H.M. Islands and Colonys in those parts seem to be come to so great a heighth, as to require some speedy remedy to be applyed for putting an end to them. Her Majesty has therefore determined to send some person into those countrys with a Commission in the nature of that which was given to Mr. Nicholson for the Northern Colonys. Wherefore your Lops. will please immediately to take into your consideration the present state of things in Jamaica, Barbadoes, the Leeward Islands, and other H.M. Colonys in those parts in order to prepare such Instructions as may be proper to be given to the said Commissioner, or to be sent to the respective Governments whither he is to go. Not knowing whether your Lops. have had any account of matters in Jamaica of the same kind as I have received, I send you herewith an abstract of some occurrences in that Island since the Government of the Lord Archibald Hamilton, which have lately come to my hands. Signed, Bolingbroke. Endorsed, Recd. 18th, Read 19th March, 1713/14. 2 pp. Enclosed,
612. i. Address of the Council and Assembly of Jamaica to the Queen, Dec. 24, 1713. Wee your Majesty's most dutifull and loyal subjects etc., having nothing so near our hearts as your Majestie's safety and the welfare of this Island (formerly esteemed none of your Majtie's. least valuable jewels but) now likely to become the meanest of all your Majtie's. Colonies in America, since we have lost the benefits of vending dry goods the manufactures of Great Britain, and the produce of your Majtie's. northern Colonies as well as negroes to the subjects of Spain in America by the Assiento lately setled. Wee therefore humbly assure your Majesty that if an exclusive Company for the trade to Africa should prevail it must wholy discourage all persons from coming to settle in this Island and put your Majtie's. subjects now here upon thoughts of abandoning their estates and removing to some other places where they may labour for themselves and not for an exclusive Company and by that means this your Majtie's. Island may be left without any manner of defence, many years experience under an African Company even before the Assiento was in the hands of the English has shewn us that if they should be re-established we must certainly be ruined. And we are convinced by the enjoyment, which we had of an open trade to Africa for some years last past that this your Island may be relieved from utter destruction if your Majtie's. subjects may have a free trade to Africa as formerly. The many reasons already made use of in Great Britain against such exclusive trade are so full that we concieve there can be nothing more added to them but our own fatal experience which we have already mentioned. We therefore humbly lay ourselves at your Majestie's feet, and do implore your most sacred Majesty to reserve this your Island from utter ruin by preventing an exclusive trade to Africa wch. if again setled will perfectly destroy this Colony. Signed, Wm. Cockburn Cl. Conc. Pe. Beckford, Speaker. Endorsed as preceding. Copy. 2½ pp.
612. ii. Abstract of occurrences in Jamaica during Lord A. Hamilton's Government. (a) Description of the opposition of Mr. Beckford (recommended by Lord Dartmouth) and Totterdale and their adherents to the Governor and Court party. (b) Remarks upon the whole. During the whole time of my Lord Archibald Hamilton's Government, he has scarcely obtained any request for the better support and countenance of his own authority, for the gratification or encouragement of his friends nor releif to any complaint made to him by the Assembly, merchants or seafaring men. Those persons who have faithfully and zealously served H.M. in the Island, to his Lop's. entire satisfaction, have either there or in Britain, been put to a great deal of trouble and charge by some veratious proceedings of the factions or their emissaries. Those persons whom his Lop. has complained of, have been so far from receiving a reprimand, that they have met with countenance. Some of those very persons who now disturb the Government of Jamaica, have always attempted the same under former Governors successively, from the time of Sir Willm. Beeston, and have been complained of by them, but through the support those Governors have had from the Crown, and Ministry, their faction has been kept from the height they are now arrived at. The authority of the Governor is now so low, and the proceedings of this Assembly such, that there is a general terror in the minds of most of the inhabitants, and persons concerned in that Island, of greater misfortune likely to be the consequences of them. The characters of the principal actors in these affairs, are such, as might give everybody who know them, apprehensions from their management, and make them doubt if the Government can be safe, when the regiment is recalled, and no soldier there in pay under the Governor's command. The whole endorsed as preceding. 18 pp. [C.O. 137, 10. Nos. 45, 45 i., ii.; and (without enclosures) 138, 14. pp. 95–97.]
March 19.
Whitehall.
613. Council of Trade and Plantations to Capt. Gookin, Depty. Governor of Pensylvania. Enclose Orders of Council, Feb. 20, confirming and repealing laws. "And that you may be informed of the reason for repealing the said Laws, we send you here inclosed a copy of Mr. Solicitor General's report," etc. [C.O. 5, 1292. p. 416.]
[Mar. 19.]614. Remarks on the present state of the English setlements in Newfoundland [by Capt. Taverner]. The Admirals appointed by the Newfoundland Act to decide differences in relation to fishing rooms, etc., have intirely neglected it in all its parts; indeed at their first arrival they claim their prerogative as per said Act, as farr as it suits with their own interest and no farther, except a particular friend of theirs should arrive with a fishing ship, in such case shoud the ships fishing rooms of that harbour be taken up before he arrives they often disposses some planter or other for him, pretending that his title is not good to the room he possesses, when the Commanders of men of warr some years before adjudged it to be the sd. planters' right. These things are often done and several of the inhabitants' fishing voyages ruin'd thereby. It's common that what is done one year in relation to fishing rooms is contradicted the next, so that the fishing rooms are not setled to this very day, many times those Admirals never were in the land before nor know anything of the matter; in which case some old West country master, commonly takes care that the sd. Admiral shall do nothing but what he pleases, those are the patrons that are commonly called kings in that country, who sacrifice other people's interest frequently, to serve their own. The Admirals are some of the first men that cut down the roofes of their stages, cook-rooms and fleaks, which paves the way for the inhabitants to follow their exemple, who in ye winter season generaly carry away all the remainder; it's certain the Admirals are seldom or never at leisure, to hear any complaints whatsoever, except one of their favorites is the plaintiff. Ships from Lisbon and other forraign parts frequently fish in the land without clearing out from any Custom-house in England according to the Act, nay several fish yearly which never were in England, and yet are Admirals, when they arrived the first in port in Newfoundland, which our ships from England qualifyed according to ye Act have seldom or never taken any notice of, and I am satisfied none of the Admirals ever made a representation of this to Government as directed by the present Act. Besides those ships aforementioned carry great quantitys of wine and brandy, to Newfoundland, which is very destructive to that trade, as per example, those ships can carry nothing to Newfoundland from those parts but wine, brandy, salt, sugar and oyle. When salt is scarce, they generally use this method; when the planter comes to buy a certain quantity of salt, yes says the ships master you may have it, but you must take a butt of wine, and a quarter cask of brandy, with every ten hogsheads of salt, this the buyer is often obliged to do, otherways his men must sit still and catch no more fish; and ten hogsheads of salt will make but 100 quintals of fish, and many times the price of the salt, and ye wine and brandy forc'd upon them, which they have no occasion for, amounts to 75 or 80 quintals of fish. This I think is as great a hardship upon the fishers, as ever was heard of, and if not remov'd, its impossible for the greatest part of the inhabitants of Newfoundland ever to prosper by the fishing trade; those Gentlemen are frequently soliciting, to gett their wine and brandy sold, by those means every inhabitant's house is a tavern, and often the ship masters retale wine and brandy in their stores. The New England traders bring vast quantitys of rumm, which they retale out of stores and on board their vessels, it is plain that between all those taverns, stores and vessels which retale liquors as aforesd., that drunkeness abounds exceedingly. I have often seen from 100 to 200 men drunk of a Sabath day, in the moneth of Sept. at some places when rainy weather, it is rare to see a fisherman sober etc.; the fishing trade must suffer very considerably thereby. I realy believe, that for profanation of the Sabath, swearing and drunkeness no place in the world is like it. The New England traders bring vast quantitys of tobacco, which I believe seldom or never pay the plantation duty, by rebateing their tobacco and rumm they enhance all the money brought to Newfoundland from England and forraign parts, and carrys it to New England, where they sell it at 50 p.c. advance, otherways wou'd be brought to Brittain, the other part of their produce they sell for fish, which fish they sell to those masters of ships that come out of Brittain for bills of exchange, on the Brittish merchants, those bills they carry to New England and sell them at 40 or 45 per cent. The New England traders never load fish in Newfoundland and carrys it to ye proper markets upon their own accots., which is a detriment to ye trade, for no ship or vessel, can encourage that trade, but such who catches fish, or carrys it to ye proper markets. Those New England traders, it's certain, are very discouraging to those fishing ships from England, and planters in Newfoundland, which carry their men and most of their necessarys yearly out of England, and that have no other way to make returns to old England, but by selling their fish for bills of exchange, to pay their men's wages for that season, and to buy goods to carry to Newfoundland ye nixt season, which bills they are often disapointed of, by the New England men, for when fish is plenty in Newfoundland, and bills scarce, the New England traders, do sell their fish for a rial or two cheaper in the quintal than ye others can do, by this means they get bills, and those gentlemen, from England as aforesd., are obliged to house their fish in Newfoundland, and render'd uncapable of paying their men's wages, or buying ye necessarys in England for ye nixt season. In my opinion, should the fish in Newfoundland be carryed to France, Spain, or Portugal or Italy, in Brittish ships and the oyles, furrs, and bills of exchange brought directly to Brittain, that the whole yearly produce of the Newfoundland trade, wou'd center in England once every twelve moneth. The masters of ships in Newfoundland generaly endeavors to force their goods upon the inhabitants, especially the poorer sort, who generally pays dearest, say they if he makes a good voyage, we shall be all pay'd, and if he does not, says everyone to himself, I will be quick enough to gett my payment, by this means they have a jealous eye the one over ye other; if the fishing do not prove so good as expected, some of those masters will fall upon them before the fishing season is half over, take away their fish before half made, another comes and takes away his train, and many times there comes a third who has more men than them and takes it away from the former. He that has most men he is sure to have the greatest share, this is a common practice in Newfoundland, they never acquaint ye Admirals with those proceedings, before they do it, neither do the Admirals trouble themselves with it afterwards; but ye consequence lyes here, the planters' men will catch no more fish, because they have no hopes of getting any wages, the planter is ruin'd, and all ye rest of the creditors unpaid; which if they had given him the liberty to make his fishing voyage, might have paid them all; The merchts. of England have suffered exceedingly by this unparallel'd thing, there being no precedent for it in the whole Christian world, I am fully satisfied, that by this thing and ye multiplicitly of liquors imported into Newfoundland yearly, that ye trade thereof have suffered more, than by the French plundering it so often in the late warrs. It's most certain that ye Admirals in Newfoundland, have never taken any care about ye good of that trade, and their reasons generaly given for it are, that they came to Newfoundland to mind their owners' business, and as nothing was allowed them to defray the charges of keeping Courts, they cou'd not do it. Endorsed, Recd. 19th, Read 20th March, 1713/14. 4 pp. Enclosed,
614. i. Captain Taverner's proposals for an Act of Parliament to encourage the trade and fishery of Newfoundland and remove the above difficulties. 7 pp. [C.O. 194, 5. Nos. 35, 35 i.; and 194, 23. Nos. 14. 14 i.; and 195, 5. pp. 337–359.]
March 22.
Jamaica.
615. Governor Lord A. Hamilton to the Council of Trade and Plantations. Encloses duplicate of Dec. 26, 1713. In this I proceed to give a farther accot. to the time the Assembly adjourn'd themselves for a month against my leave, the ends for which they were called together not being in any degree answered. I was in hopes that after so long an adjournment as three weeks, which to gratifie them I had before agreed to, they wou'd have mett in good temper, and with a disposition to doe business, and proceed with moderation; but your Lopps. will find at large by ye Minutts of the Assembly and Journall of ye Councill herewith transmitted, that their proceedings have been still more and more violent and unwarrantable, but for your Lopps.' ease I shall endeavour out of ye whole to give you in one view some part of their conduct. It may be observed from ye Speech at ye opening of ye sessions and ye Assembly's Address in answer to it, that ye making such laws as shou'd tend to ye honour and interest of the Island at this juncture, the supporting ye Government, and supplying ye Revenue, were ye ends for which they were called together; how well they have answer'd and acquitted themselves of ye ingagements and promisses made in their sd. Address and on other occasions repeated, will best appeare from ye following particulars. First, then, upon their entry into business, they not only caused several of H.M. subjects to be imprison'd upon frivilous pretences and words, said to be spoken at or before ye elections, but imposed on them ye payment of exorbitant sumes of money, vernished over by ye name of fees. Secondly, by their passing a Bill of a very unusuall and extraordinary a nature, entituled an Act, for supplying a sume not exceeding 1,200l. court. money of Jamaica to make good 900l. sterl. for ye solliciting the passing of laws and other publick affaires of this Island in Great Britain for three years; a copy whereof being transmitted herewith I need inlarge no farther upon it. Thirdly, by their attempting to wrest ye command even of H.M. Regmt. in Her own pay, out of my hands, by passing a vote and making an order for some of their own members to view and number all ye sergents, corporalls, drumms and private soldiers of ye sd. Regmt., and that without previously asking my leave. Fourthly, by their having assumed to themselves a power of redressing hostilitys committed on Major Edward Cooke, one of their own members by ye subjects of Spain after the cessation of arms, which regularly belongs only to ye Governor to interpose with forreign Govrs. and finally to represent ye same to H.M. Fifthly, by their passing a bill entituled an Act for regulateing ye Ministers of this Island (copy enclosed) whereby ye rights of ye Church of England are invaded by endeavouring to invest ye Govr. with a jurisdiction superiour to what ye Queen has thought fitt to vest in him, or is claimed by ye Ecclesiastical Judges in England; and by branding the whole clergy of this Island with marks of infamy, without their being legally charged for any of ye miscarriages imputed to them in ye sd. Bill. Sixthly, and lastly, by having asumed to themselves a power to adjourn when and as often as they think fitt, in manifest contempt of H.M. authority, and against my leave, actually adjourning themselves for a month. For these and many other reasons contained in ye volumes yt. comes herewith, by ye unanimous advice of ye Council, I dissolved ym. by Proclamation (v. Journals). By what I have had ye honour to represent to your Lopps. before, on other occasions of this nature, you will easily perceive from whence these flames have arisen, and that these undutyfull and unwarrantable proceedings are cheefly owing to two or three factious and unquiet spirites amongst them, yt. have taken upon them to lead or rather mislead ye rest. The pretence for ye Bill for ye regulateing ye Ministers was chiefly occasioned by one Renolds, who I found here in a benefice, and is indeed not only a scandall to his function but to human kind, by his profligate and vitious life. I have endeavoured to admonish him, but it has proov'd to no purpose, so that I shall represent this matter fully to my Lord Bishop of London, and give him ye best accot. I can of ye clergy of this Island in general, by which I hope these inconveniencys may be remedy'd, etc. I shall proceed to mention ye Bills yt. have past ye Council and Assembly, which I have given my consent too, and goes herewith for H.M. allowance. The Bill to provide an additional subsistance to H.M. officers and soldiers from Nov. 1st, 1713—May 1st, 1714, and no longer, I must observe to your Lopps. in no degree answers ye ends for which it was given, if money cannot be raised on ye clause for borrowing on ye creditt of yt. Act; However I was glade to accept of it as it was. As to ye Bill for discharging ye arrears due to H.M. officers and soldiers for their additionall subsistance from Nov. 1st, 1712—Nov. 1st, 1713, and paying of all sumes of money becomeing due by virtue of ye same, the titull explaining ye substance thereof, I shall not inlarge thereon. The Bill for assertaining ye number of ports of entry in this Island and obligeing officers to keep deputys at such ports, and to prevent all clandestine trade, requireing ye parishes where ye sd. ports are to find and maintain ye necessary officers, I could not foresee any objection to ye passing yt. law, but I am humbly of oppinion it will be of no great use, since few ships will resort to these remote ports, however they being very desireous of such a law, I thought advisable to pass it. The Bill for the more effectuall reliefe of ye freeholders and inhabitants of Kingston, is what ye country in generall extreamly sett their hearts upon, and by ye pleadings of Council for and against ye bill, the equity of ye toune of Kingston to ye land in question, in my humble oppinion plainly appear'd which induced me to pass yt. act. These Acts are all that I have past in this Assembly. The Bill for securing and confirming ye possessions of H.M. subjects in this Island against Her said Majesty Her heirs and successors, as also another for the more effectuall conveying of land, slaves, tenements and hereditaments in Jamaica for ye future, has past ye Council and Assembly, and I hope obviate all ye objections of ye Attorney Genll. to ye passing yt. law transmitted home for H.M. allowance, but I thought they very little deserved such acts of H.M. favour and grace when they at ye same time wou'd do nothing for ye support of Her Government here, their oune quiet and safety; and I humbly submitt it to your Lopps.' better judgements if it may not be seasonable now to lay ye former quieting possession bill before H.M. for her disallowance; these new bills whenever another Assembly comes to a true sence of their duty, may be past here. There is another particular which I had like to have forgott. After they had unreasonably delay'd addressing ye Queen upon ye happy Peace, and having put them in mind of it, they at last did it in so undutyfull and improper a manner as your Lopps. will see upon their Minutts, that ye Council unanimously declined concurring with them in it, whereupon they ordered their Speaker to transmitt it to Great Britain, as it was; your Lopps. upon ye perusall of it will best judge what reception it meritts. Amongst other wrong notions Assemblys here have conceiv'd, one is, that ye Council have no right to amend money bills, which pretence being groundless I am very well satisfy'd will not be allowed them in Great Britain, but having no particular instructions relateing thereto, I have with industrie avoided bringing that matter in dispute, but since it may on some other occasion be necessary to assert ye right of ye Council (humbly conceiving it to be so) I pray your Lopps. will please to give me your directions in it, yt. I may with ye better authority insist upon what is so reasonable and just. I am under a very sensible concern in being obliged to lay open such a scene of folly and weakness, in ye most favourable construction yt. can be put upon it, but how far it may be reasonable to discountinance ye heads of such factious proceedings, I humbly submitt to your Lopps.' wisdom and direction. In ye mean time being perswaded yt. a little time will open ye eyes of ye deluded, I think it will not be advisable to precipitate a new election, and in interim I hope I shall take such measures as yt. ye quiet of ye Island shall be preserved and that ye Government shall not be exposed to either extream want or any contempt, which I purpose to do by calling in by due course of law all outstanding debts due to ye Govermt., and shall endeavour to put that branch of H.M. Revenue of quitt-rents, under some better regulations yn. it is at present, to which nothing would contribute more then such an officer as a Surveyor Genll. I shall from time to time give your Lopps. a particular accot. of the steps I make. I have for ye present appointed Mr. Edmond Kelly Attorney Generall; and I am to acquaint your Lopps. that Mr. Bernard has presented to me a privy seal appointing him a Councellor in ye room of Charles Longe; he has been admitted to his place at ye Board and sworn accordingly. I am likewise to acquaint you of ye death of Henry Lowe by which there is another vacancie. I am sorry I can give no better accot. of ye state of ye Island with respect to trade, that to ye coast of New Spain carried on with good success dureing ye war, has declined for some time, but at present is quite at a stand; there are severall reasons to be assigned, the chief of which, I take to be their being so fully supply'd with all sorts of European comoditys by French ships in ye South Seas, and I am informed there are at present there no less then twenty saile of them in those seas from 30 to 50 guns. Besides till ye Treaty of Commerce with Spain takes effect, and particularly that of ye Assiento, they seem to reserve themselves and decline any trade with us at present. Give me leave now my Lords to pray your Lopps. favourable acceptance of these my weake but sincere endeavours in ye discharge of my duty, etc. P.S. As soon as ye Assembly adjourn'd themselves for a month, I sent to Mr. Beckford their Speaker and required of him ye Minutts of Assembly from ye opening of ye Sessions to yt. time, writt book fashion and sign'd by him as Speaker, in order to their being transmitted home to yr. Lopps., as by my Instructions I am directed. His answer than was, yt. it should be done, but finding it delayed, I spoke to him twice to ye same effect, and finding him evading and trifling with me, I wrote to him positively demanding and requireing what I had done before both by message and word of mouth, and after all he has absolutely refused what was thus demanded of him. The man of war by which this comes being just upon sailling, I have no other method of giving your Lopps. ye necessary information of the proceedings of ye Assembly, than by sending you their Minutts as I received them from day to day for my information, time not admitting a transcript to be made of them, and attested. I shall make no reflections on this proceeding; but think it my duty to represent this matter to your Lopps. as it is. Signed, A. Hamilton. Endorsed, Recd. 21st May, Read 16th June, 1714. 14¾ pp. Enclosed,
615. i. List of the Militia in Jamaica, Jan. 1st, 1713. Totals, Foot, 2455, Horse, 269. Same endorsement. 1 p.
615. ii. Copy of Act for regulating the Ministers of Jamaica, Feb. 17, 1713. Enables the Governor to deprive a minister of his benefice for evil living, "the loose manner of living of several ministers having had too ill an influence on the minds and actions of others" etc. Same endorsement. 1 p.
615. iii. Copy of an Act of Jamaica, Dec. 15, 1713, for applying £1200 current money to make good £900 sterl. for the soliciting the passing of laws and other public affairs of this Island in Great Britain for three years past. Same endorsement. 1 large p. [C.O. 137, 10. Nos. 51, 51 i.–iii.; and (without enclosures) 138, 14. pp. 119–131.]
March 22.
Whitehall.
616. Council of Trade and Plantations to the Lord High Treasurer. Repeat representation as to need of a survey of Newfoundland, Feb. 17th. Enclose Mr. Dobree's letter, March 5th, "which in our humble opinion makes it necessary that Capt. Taverner (who we are informed is appointed H.M. Surveyor of Newfoundland) be dispatch'd thither as soon as conveniently may be, for the purposes mentioned in the representation from Dartmouth" (v. Feb. 11th). [C.O. 195, 5. pp. 360, 361.]
March 23.
Whitehall.
617. Council of Trade and Plantations to Lord Bolingbroke. Enquire when he will attend to consider the matters referred to them concerning the resettlement of St. Kitts, "which references seem to require immediate dispatch," etc. (C.O. 153, 12. p. 115.]
March 23.
Treary. Chambers.
618. Mr. Lowndes to Mr. Popple. The Lord High Treasurer desires the report of the Council of Trade and Plantations upon the enclosed petitions. Signed, Wm. Lowndes. Endorsed, Recd. Read Nov. 23, 1713/14. Addressed. 1 p. Enclosed,
618. i. Petition of Daniel Hall to the Queen. Petitioner was the person who invented the duty on hydes and skins by wch. 1½ millions have been raised, etc. He now offers to discover where a settlement may be made for the South Sea Company that will bring in very great advantage yearly, and asks to be encouraged by the allowance of 1 p.c. of the profits. 1 p.
618. ii. Petition of Tho. Riley, Daniell Hall, William Armstrong and John Evans in behalf of themselves and other officers and soldiers, to the Queen. The Board of Trade approved of petitioners' previous petition, for settling a new Colony in North America, and agreed to every article mony excepted. Petitioners have thereupon found out ways and means for furnishing themselves with monys for this undertaking without being burthensome to your Majesty, if your Majesty will grant them Letters Patents for the land lying wast and uninhabited, bounded at the North East on Nova Scotia at the River St. Croix, S.W. by the bounds of New England within the River Sagadehock, N.W. by the great River Canada, and S.E. by the Atlantick or Western Ocean in the latitude of 44 to 46, with an exemption from all duties for 21 yeares, to enable them to clean the ground, etc. 1 p.
618. iii. Will. Armstrong and John Evans to the Lord High Treasurer. March 17, 1713/14. Pray for His Lordship's support of preceding petition. Signed, Will. Armstrong, John Evans. Addressed. 1 p. [C.O. 5, 866. Nos. 14, 14 i.–iii.; and 5, 913. pp. 472–475.]
[March 23.]619. Elizabeth Salenave to the Council of Trade and Plantations. Prays to be heard upon her petition, etc. Signed, Eliz. Salenave. Endorsed, Recd. Read March 23, 1713/14. 1 p. [C.O. 152, 10. No. 10.]
[March 24.]
Kensington.
620. Copy of Capt. Taverner's Commission to be Surveyor General of Newfoundland. July 21, 1713. Countersigned, Bolingbroke. Endorsed, Recd. Read March 24, 1713/14. 1¼ pp. [C.O. 194, 5. No. 37; and 195, 5. pp. 362, 363.]
[March 24.]
Kensington.
621. Copy of Capt. Taverner's Instructions as above. 2 pp. [C.O. 194, 5. No. 38; and 195, 5. pp. 365–367.]
[March 24.]
Kensington.
622. Copy of Capt. Taverner's Additional Instructions as above. July 22, 1713. 1½ pp. [C.O. 194, 5. No. 39; and 195, 5. pp. 366, 367.]
[March 24.]623. List of necessarys required for the survey of Newfoundland (by Capt. Taverner). Endorsed, Recd. Read March 24, 1713/14. 2 pp. [C.O. 194, 5. No. 40.]
March 25.624. Petty Expences of the Board of Trade, Christmas 1713—March 25, 1714. ¾ p. [C.O. 388, 76. No. 168.]
March 30.
St. James's.
625. H.M. Warrant for pardoning John Fryday. (v. March 11, 1714 and July 11, 1713). Countersigned, Bolingbroke. Endorsed, Recd. April 14, 1714. Copy. 3 pp. [C.O. 137, 10. No. 48; and 138, 14. pp. 100, 101; and 324, 33. pp. 36–38.]
March 31.626. Capt. Taverner to the Council of Trade and Plantations. Urges necessity of his proceeding to Newfoundland at once, etc. Enquires "whether the French have liberty to cutt down trees at Petinore. Because if they have not, their reservations may avail them but little." Endorsed, Recd. Read March 31st, 1714. 1 p. Enclosed,
626. i. Petition of Capt. Wm. Taverner to the Lord High Treasurer. A native of Newfoundland and master of a fishing ship on that coast etc., petitioner was brought to London by Mr. Arthur Moore, to give information about that fishery. He was appointed Surveyor General of Newfoundland, etc. Prays his Lordship to determine how he may proceed there, and to put his salary of 20s. per diem on some certain establishment. 1 p.
626. ii., iii. Duplicates of Nos. 620–623. [C.O. 194, 5. Nos. 41, 41 i.–iii.]