America and West Indies
April 1716

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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55-70

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'America and West Indies: April 1716', Calendar of State Papers Colonial, America and West Indies, Volume 29: 1716-1717 (1930), pp. 55-70. URL: http://www.british-history.ac.uk/report.aspx?compid=73988 Date accessed: 20 September 2014.


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Contents

April 1716

April 5.
[? May 5.]
112. Mr. Attorney General to the Council of Trade and Plantations. Reply subscribed beneath letter of May 1st. I am of opinion the Act of 13 Car. II mentioned was a declaratory law, that the power of disposeing of the Militia was always in the Crown in all H.M. Dominions and was not vested in the Crown by yt Act and I cannot see but yt the Crown may as well put the disposition of ye Militia of a foreign Plantation in a subject as it may ye powers of government as are granted to several of the Proprietary Governmts. Signed, Edw. Northey. Endorsed, Recd. Read 7th May, 1716. 1¾ pp. (Dated April 5, apparently in error for May 5. v. April 28 and May 1st). [C.O. 5, 866. No. 85; and 5, 914. pp. 328, 329.]
April 6.
St. James's
113. Order of King in Council. Appointing John Johnson to the Council of New York. Signed, Robert Hales. Endorsed, Recd. 1st, Read 2nd May, 1716. 1 p. [C.O. 5, 1051. No. 23; and 5, 1123. pp. 442, 443.]
April 7.
Custom ho., Bristol.
114. J. Reynardson to the Council of Trade and Plantations. Encloses copy of former accounts which have miscarryed. Signed, J. Reynardson, Collr. Endorsed, Recd. 9th April, Read 5th June, 1716. Addressed. ½ p. Enclosed,
114. i., ii. List of ships cleared from Bristol to the Fishery at Newfoundland, June 24, 1713–1715. Two each year. Signed, J. Reynardson, Collr., Jno. Elbridge, Compt. 2 double pp. [C.O. 194, 6. Nos. 17, 17 i., ii.]
April 9.
Whitehall.
115. Joseph Micklethwait to Mr. Popple. Encloses Act of Barbados appointing himself, Mr. Heysham and Mr. Lloyd as Agents, to be laid before the Board of Trade, and transmitted to the Council office. Signed, Jo. Micklethwait. Endorsed, Recd. 27th April, Read 2nd May, 1716. 1 p. [C.O. 28, 14. No. 48; and 29, 13. pp. 326, 327.]
April 10.
St. James's.
116. H.M. Warrant to Governor Lord A. Hamilton. Whereas it has been represented unto us, that there is due to you, and the Council of that our Island of Jamaica for the subsistance of Col. Handasyd's late Regiment from 1st May, 1714,–27th Aug. following, as also for subsisting our two Independant Companies from 27th Aug., 1714,–13th Nov., 1715, £2706 6s. 3d. And we being very sensible of the good service you and the Council did in taking such care for the subsistance of these troops, and understanding that the late Assembly has made no provision for reimbursing you, notwithstanding the same was recommended to them, and judging it highly just, that this debt should be discharged, we do by these presents authorize you to pay the aforesaid debt out of the first and readiest of the Revenue of that our Island, etc. And whereas the provision made by the last Assembly for the necessary subsistance of the Two Independant Companys for the time to come, does not seem to be such as will answer that end, you are therefore hereby authorized and empowred out of the first and readiest of our said Revenues, to make up what the aforesaid provision shall fall short until the Assembly shall make a more effectual provision for the subsistance of these two Companys, which we judge so necessary for the security of that our Island, etc. Countersigned, James Stanhope. Copy. [C.O. 5, 190. pp. 337, 338.]
April 10.117. List of papers laid before the House of Commons relating to the Palatines. [C.O. 5, 1123. pp. 438–440.]
April 10.
Nevis.
118. Governor Hamilton to the Council of Trade and Plantations. Repeats March 1st. Continues: Since the foregoing I have visited the other chief Islands of my government and find them all in a very defenceless condition, the forts and platforms are very much out of order, most of the guns dismounted, stores and ammunition wanting everywhere which I humbly intreat your Lordships to recommend that we may have a supply sent of all sorts for the four Islands. I sent according to your Lordships' directions to the Governors of Anguilla and Spanish Town to send me an account of the Virgin Islands, which I herewith send you inclosed, but is but a very imperfect one. Had I a man of war fitt to attend the station I should go down myself and carry the Surveyor with me and then should be able to give your Lordships a more particular account. However your Lordships will give me leave to make some particular remarks on the several Islands. Crabb Island as they say and as I am inform'd is most on't very good land but then it is attended with this inconveniency that it lyes so very nigh the Island of Porto Rico that nobody is secure in his property, that the negroes or other slaves may upon the least disgust get over to that Island where if once they gett among the Cowkillers (which are a sort of Banditti which are settled in the remote parts of that Island) there is no getting them again althô the Governor of that Island should be inclinable to make restitution, he'd hardly have it in his power. And I must observe that in the reign of King James II, and in the time that Sir Nathaniel Johnson was Governor of these Islands, there was a settlement attempted to be made by several inhabitants that went from this and the other Islands, but they were soon molested and all of them taken of by the Spaniards and carry'd to St. Domingo where they were kept a considerable time as prisoners or rather slaves for they were put to all hardships slaves usually undergo in these parts, and it was in a manner so many inhabitants lost from these Islands. The next island is St. Cruise which they say they have no knowledge off nor durst they go there to view it by reason of Spanish privateer or rather pirate that was then hovering about, who had taken an English turtling sloop and some French vessells as I am informed, but by what I can learn there is a pretty deal of good land, and the people of Anguilla are very desirous to remove from that Island to the former, setting forth in a petition (enclosed) that the Island of Anguilla is quite wore out and that they can no longer subsist thereon, and therefore desire that I would grant them patents for parcells of land and to make a settlement there, but I shall wait for your Lordships' directions therein; at the same time I must observe that the French had once a settlement upon that Island and had pretty many inhabitants thereon but were all removed by order of the French King in the beginning of the former war about 1690 or 1691, by reason as I am informed of the many landing places that are upon that Island and that the people would be continually exposed to the insults of our privateers or to be wholly taken by a small force that might have been sent against them; therefore I must wholly leave it to your Lordships' judgement whether it will be for the advantage of the Crown to have H.M. subjects scatter'd up and down in small Islands and exposed to the insults of our enemies in case of a war with any foreign power, were these peopled as well as those of the other little Virgin Islands and had encouragement given them by granting them small plantations in the former French part of St. Christophers, I conceive it would be vastly for H.M. interest and the strengthning of the four chief Islands. The next Island is Tortola, they themselves own is good for little. As for Spanish Town that has the most inhabitants upon it, but do live but very meanly, and being but a very ordinary little Island, and of no profit to the Crown. As for Beef Island 'tis hardly worth mentioning. By all which your Lordships may perceive how little it is consistent with what Captain Walton informed your Lordships and his desire of having it made a seperate Government, besides that we really want inhabitants upon every one of the four chief Islands, but I must wholly submit to your Lordships' judgement and directions in every particular. I now come to the Island of St. Christopher's, particularly in relation to the former French ground, where I find that most part of the land has been granted by my predecessors, the former Governours to several people but chiefly to the inhabitants of that Island, which grants have been most renewed by the Lieutenant General before my arrival as your Lordships will see by the inclosed list I had from the Lieutenant General. This way of settlement will very little add to the strengthning of that Island, but if encouragement was given for people from other parts to come and settle, that would not only be for the advantage of H.M. interest in that Island, but the strengthning of the rest of the Islands under my Government, for I must observe to your Lordships what has weaken'd these Islands most has chiefly been occasioned by rich men's buying out the poor out of their little settlements, by this means they have been in time drove off of the Islands, and should the people of St. Christopher's that have plantations in the English ground have others granted them, or continued in the grants they have obtained (by what means I know not) it will not at all prove for H.M. interest nor the strengthning of the Colony, but this I must likewise submit to your Lordships. I must observe that most of the French plantations had very irregular bounds, and therefore it would be necessary that whenever there be directions from H.M. for the settling that part of the Island, that orders should be given to the Surveyor that an East and West and North and South line should be struck thro the two former French parts (they being the East and West end of the Island), that from thence all plantations might be laid out in such square tracts or quantity of acres that should be granted by the Crown to particular persons; this would not only make the Island look like a garden, but prevent in time to come any vexatious law suits or wranglings which must otherwise of necessity ensue but will prove vastly to the quieting the inhabitants. In my former I acquainted your Lordships Captain Soanes, H.M.S. Seahorse, did design to leave this station and notwithstanding all the arguments that I have used, he does persist in his resolution of going home for Great Brittain, before the arrival of the other ship of war to supply his place, and notwithstanding that we have now pirates among these Islands which I had an account of one of the Lieut. Governor of Antigua had been seen off for eight or ten days to the Windward part of that Island. I therefore ordered the said Soanes to cruize five days to the East part of that Island between the latitude of sixteen and eighteen who is now return'd but as I understand went only a little to the South East of that Island and so came down again not without some reflections on his being sent to cruize etc. Refers to enclosure, whereby he peremptorily resolves to leave this station, by which I shall be left without a man of war and if any pirates are or should continue among these Islands, it will not only prevent my going from Island to Island as H.M. service will require me, but very dangerous to the ships trading to and from these Islands. I must observe to your Lordships that the Captain complains of his ship's incapacity notwithstanding that in the small time he has belonged to this station he was four months absent, and was near three of them at New York where he might easily have fitted and might have been supplyed with all necessarys, for what reason he did not he knows best. Signed, W. Hamilton. Endorsed, Recd. 14th, Read 15th June, 1716. 5½ pp. Enclosed,
118. i. Duplicate of No. 68 i.
118. ii. Capt. Soanes to Governor Hamilton. Seahorse, 8th April, 1716. I have used my endeavour to comply with your Excellency's order so far as wind, weather, currants and the condition of the ship would permit, which I think very unreasonable for a ship wholly uncapaciated to beat the sea to go on such a frivolous errand, no such thing as a pirate being there, only Mrs. Byam was to go to Barbuda and she thought herself not safe without a man of war to cruize that way. I spoke with those that ran down that latitude bound for Jamaica that saw none, etc. I have but barely provisions left to carry me home. Designs to sail in two or three days, etc. Signed, Jos. Soanes. Same endorsement. Copy. 1p.
118. iii. Account of 95 grants of 6563 acres of land to 62 Planters in the late French part of St. Christophers made by Governors Christor. Codrington, Douglas, Mathew and Smith. Same endorsement. 5 pp.
118. iv. Petition of Abraham Howell, Governour of Anguilla, for himself and in behalf of the rest of the inhabitants, to Governor Hamilton. The Island is soe very poor and barren, that it will not produce subsistance for the inhabitants, soe that in a very short time they must leave the same or inevetably perish for want of land to cultivate and manure. Prays him to grant patents to them for the settlement of St. Cruix, a very large island uninhabited and withall of a very fertile soil and commodious with good roads for shipping and trade, etc. 1 p.
118. v. Report upon the Virgin Islands. The soil of Crabb Island, Sta. Crux and Tortola is described as very rich. St. Johns and the rest of the small islands as good for little or nothing. Signed, Tho. Hornbe, Abra. Howell. 1 p.
118. vi. List of the Inhabitants of Spanish Town, Tortola and Beef Island. Spanish Town: 50 men, 46 women, 151 children, 125 negroes. Beef Island: 4 men, 4 women, 9 children, 6 negroes. Tortola: 20 men, 23 women, 60 children, 44 negroes. Endorsed as covering letter. 1 p.
118. vii.–ix. Governor Hamilton's Speech to the Assembly of Antigua with their answer, welcoming him and protesting their loyalty, etc. The whole endorsed as preceding. Copies. 7 pp.
118. x. Address of the Lt. Governor, Council and Assembly of Antigua to the King. Congratulate H.M. on the late happy victories obtained over his unnatural and rebellious subjects, and upon his choice of a Ministry, etc. Return thanks for sending Walter Hamilton as Governor, etc. Signed, Edward Byam, John Hamilton, Wm. Thomas, Bar. Tankard, Vall. Morris, John Fry, E. Warner, R. Oliver; Archd. Cockran, Speaker, Hump. Osborn, Jas. Nisbitt, John Burton, John Duer, Jac. Morgon, Benj. Wickham, Bar. Looby, John Gamble, Giles Watkins, John Combe, Tho. Turner, And. Murray, Wm. Paynter. Same endorsement. 1 p.
118. xi. Address of the Lt. Governor, Council and Assembly of Nevis to Governor Hamilton. We are most thankfull to the King's most excellent Majesty for appointing you, notwithstanding all the uncommon malicious endeavours of your enemies, etc. Signed, Danl. Smith, Jas. Bevon, Aza. Pinney, Lawce. Brodbelt, Jas. Milliken, Robt. Ellis, John Richardson, Mich. Smith, John Pinney; Rogr. Pemberton, Speaker, Saml. Gardner, Geo. Meriwether, Richd. Brodbelt, Jas. Symonds, Josiah Webbe, Archd. Hamilton, Wm. Maynard, John Dasent. Same endorsement. 1 p.
118. xii. Address of the Governor of the Leeward Islands and the Lt. Governor, Council and Assembly of Nevis to the King. Charlestown, 12th April, 1716. Congratulate H.M. on the success of his arms and councils in the late unnatural and unprecedented Rebellion, to the confusion of the Nation's enemies, the friends of Popery and arbitrary power both at home and abroad, etc. Signed, W. Hamilton, Dan. Smith, Richd. Abbott, Ja. Bevon, Aza. Pinney, Lawce. Brodbelt, James Milliken, Robt. Eleis, Jno. Richardson, Mich. Smith, Jno. Choppin, Cha. Bridgwater, John Pinney; Jeremiah Browne, Speaker, John Dasent, Saml. Gardner, Rogr. Pemberton, Richd. Brodbelt, Thos. Wallwin, Josiah Webbe, Wm. Kitt, Tho. Cressey, Robt. Pemberton, John Woodly, Mich. Williams, Saml. Jefferys, Archd. Hamilton. Same endorsement. 1 p.
118. xiii. Address of the Lt. Governor, Council and Assembly of Nevis to the King. Return thanks for the appointment of Governor Hamilton, whom they had recommended, and whose zeal for the Protestant succession they had been more than twenty years witness of. "We were astonished at the false and malicious insinuations of his enemies," etc. Signed as preceding excepting Governor Hamilton. Same endorsement. 1 p.
118. xiv. Address of the President and Council of Montserratt to the King. Congratulate H.M. on defeat of the rebellion and return thanks for appointment of Governor Hamilton, "the only person to heal the breeches and unite the divisions amongst us, that have been occasioned by the male administrations of our late Generalls," etc. Signed, William Frye, John Daly, Geo. Wyke, W. Gerrish, Edward Parson, Antho. Ravell, William White, Antho. Fox, Wm. Barzey. Same endorsement. 1 p.
118. xv. Address of the President and Council of Montserratt to Governor Hamilton. Express gratitude to H.M. for appointing him, "having all of us experimentally found the effects of your good government both in military and civil affairs," etc. Signed and endorsed as preceding. 1 p. [C.O. 152, 11. Nos. 6, 6 i.–xv.; and (without enclosures) 153, 12. pp. 403–412.]
April 10.
Whitehall.
119. Mr. Popple to Lt. Governor Caulfeild. Acknowledges letters of 1st and 23rd Nov. last. The Council of Trade and Plantations having fully represented to H.M. the state and condition of the garrison at Annapolis Royall, they doubt not but such orders will be given, as will for the future effectually prevent the hardships and inconveniences which the said garrison have hitherto suffer'd. [C.O. 218, 1. pp. 309, 310.]
April 14.
Nevis.
120. Governor Hamilton to the Council of Trade and Plantations. This accompanys an Act past here by the Council and Assembly and assented to by myself, for settling £1000 this money per annum on me during my Government in lieu of the rent of a house, the which is probable with a first view will appear to be contrary to my Instructions, but I am so far resolved on a strict observation of them, that I assure your Lordships I have not, neither will I take or make use of one farthing thereof until the Act has been laid before your Lordships, and I have received your answer thereto, which I beg may be as soon as possible, and withall I must intreat your Lordships to get the said Act laid before H.M. in order to its being rejected or confirm'd as your Lordships see most proper, the first of which in respect of my interest as well as my own inclinations will be as agreeable as the latter. For tho the sume therein mentioned seems so far to exceed the sume limitted by my Instructions yet I do assure your Lordships that the same sometimes will scarce produce £400 sterling, were it to be remitted for England in the growth of this country, in which specie (if the Act be confirmed) I must take the same there being no such thing as money in any of these Islands, the want whereof lays Trade as well as everything else under very great difficulties, and indeed the members of the Council and Assembly are so sensible thereof as well as of the loss on returns from home, that they believe it will be easier for the Publick to pay £1000 here than £400 in England, which I presume has been the occasion to make this offer. I do assure your Lordships that I faithfully communicated to them that part of my Instructions which relates to this matter, and that it was their ease in the manner of payment that chiefly induced me to pass the Act, however, as I have already assured your Lordships, I will not take one farthing until I have your opinion, etc. The extravagant prices which we are obliged to give for all necessaries of life in these Islands would give me an oppertunity of demonstrating to your Lordships the very great expence that must necessarily attend a Governour, etc. Signed, W. Hamilton. Endorsed, Recd. 14th June, 1716, Read 18th Feb., 1716 (1717). 1½ pp. [C.O. 152, 11. No. 46; and 153, 12. pp. 449–502.]
April 16.
Whitehall.
121. Mr. Popple to Governor Hunter. Abstract. Has little to add to Board's letter enclosed (? 15th March). Urges the necessity of appointing agents for each Province. Private acts, for instance, referred to the Attorney and Solicitor General, will lie for ever in their hands for want of such agent to pay their fees, and if the Board had reported (as they were inclined to do) that the persons he had recommended should be appointed Councillors, nothing would have been done therein, for want of a person to pay the fees in the Council and Secretaries Office, etc. Printed, N.Y. Col. Doc. V. 472 and N. J. Archives, 1st Ser. IV. 229. [C.O. 5, 1123. pp. 440–442.]
April 18.
Whitehal.
122. Council of Trade and Plantations to Mr. Secretary Stanhope. There being some ships design'd in a few days for Jamaica, we are preparing answers to the several letters we have receiv'd from the Lord Archd. Hamilton; before the despatch of which we take leave to remind you what we writ you the 17th Feb., particularly in relation to the subsistence of the Forces there, upon which, if the same be not already done, we conceive it wou'd be absolutely necessary for H.M. service that His Royal pleasure be soon declared to prevent the disorders which we are apprehensive may ensue from the little care which the Assembly seems to take for their subsistence. Autograph signatures. 1 p. [C.O. 137, 46. No. 14; and 138, 14. p. 406.]
April 19.
Whitehal.
123. Council of Trade and Plantations to Governor Lord A. Hamilton. We are now to answer your Lordship's letters of 31st Jan., 26th April, 2nd July, 30th Aug., 14th and 28th Nov., 1715. We are sorry to find that notwithstanding H.M. most gracious letter to your Lordship, the confirming the two advantageous laws we sent you over and the readiness we have shewn to concur in and promote whatever might be propos'd for the good and advantage of the Island, the Assembly shou'd be so far wanting to themselves and their Country, as not to make a suitable return; as to their manner of providing for the subsistence of the soldiers, we look'd upon it to be somewhat extraordinary and as your Lordship will see by the enclosed copy of our letter to Mr. Secretary Stanhope, we lost no time in representing it to the King. We have wrote again to the Secretary to remind him of the necessity of having H.M. pleasure declared upon that subject. In the mean time we shou'd hope that when the Assembly comes seriously to consider the great number of negroes in the Island, how it is in a manner surrounded by the French and Spaniards and compare these circumstances with the weak state of their own Militia, they will lay aside any private views and be induced to think that their own safety is worth looking after. For our part we do not conceive how that can be preserv'd, even without a greater number of regular troops, till the Island is sufficiently strengthen'd by white people. Your Lordship will farther see by our said letter what we did in relation to the Assembly's sending over their Address without your Lordship's concurrence. As to what your Lordship mentions of allowing appeals from the Court of Chancery to H.M., we are of opinion that the 92nd Article of your Instructions being general and requiring security to be given by the appellant for effectually prosecuting his appeal, answering the condemnation and paying the costs and charges, which shall be awarded in case the sentence of the Chancery be affirm'd your Lordship is sufficiently authoriz'd to admit of such appeals, provided the sum appeal'd for exceed £500 sterl. the latter part of that Instruction being also general and providing that execution be not suspended by reason of appeals, we think your Lordship will do right not to stop the execution of any sentence in Chancery thô an appeal be admitted to the King. We have laid before H.M. what your Lordship writes about the Spaniards taking our ships, and we do not doubt but effectual care will be taken to prevent the like for the future. The 44th Article of your Lordship's Instructions relating to patentees and the consequence of their appointing deputies not fit to officiate in their stead, we desire your Lordship to give us a particular account how the said offices are executed; whether they are rented to the deputies at such a rate as may occasion their exacting upon the inhabitants and any other observations that your Lordship may make thereupon. The South Sea Company having presented to H.M. a memorial (v. March 14), we send your Lordship a copy, and of our letter to Mr. Secry. Stanhope thereupon, whereby you will perceive, we cannot fully report that matter to H.M. till we have a farther light in it. We send your Lordship a copy of a memorial deliver'd to us by several Planters and others, that you may return your answer to it. Your Lordship may be assured that we shall not give credit, much less make any report upon any complaints or insinuations to your Lordship's disadvantage till we shall have acquainted you with them and given you an opportunity of making a reply. [C.O. 138, 14. pp. 408–412.]
April 20.
St. James's.
124. Lords Proprietors of Carolina to the Governor and Council of South Carolina. H.M. having been graciously pleas'd to grant to the inventors or proprietors of a machine for diving, his letters patents for the getting and obtaining such wrecks at sea as shall or may be found within the limits mention'd in the said letters patents. And the Directors of the said machine having made their application to us for our protection of their ships (now setting out upon that account), etc., we therefore earnestly recommend Capt. Cuthbeard and Capt. Archer with their vessels to your favour and assistance, etc. Signed, Carteret, Palatin, M. Ashley, J. Danson. [C.O. 5, 290. pp. 95, 96.]
April 20.
Whitehall.
125. Council of Trade and Plantations to the King. Propose William Carter for the Council of Barbados, in place of John Pilgrim, decd. (v. 30th Dec., 1715). [C.O. 29, 13. p. 326.]
April 21.
Whitehall.
126. Mr. Secretary Stanhope to the Council of Trade and Plantations. H.M. having been pleased to appoint Colonel Samuel Shute to be Governor of Massachuset's Bay in New England, in the room of Elizeus Burges, Esq., you are to prepare a draught of a Commission and Instructions for him, etc. Signed, James Stanhope. Endorsed, Recd. 28th April, Read 1st May, 1716. 1p. [C.O. 5, 866. No. 82; and 5, 914. p. 323.]
April 21.
Whitehall.
127. Same to Same. Similar instructions to prepare a commission etc. for Samuel Shute to be Governor of New Hampshire. Signed and endorsed as preceding. 1 p. [C.O. 5, 866. No. 83; and 5, 914. p. 324.]
April 23.
Whitehall.
128. Same to the Lords Proprietors of Carolina. H.M. having thought fit to order a number of rebels, who were taken at Preston to be transported to his Plantations in America, I am to acquaint you that it is H.M. pleasure, that you send directions to the Governor of Carolina, that as soon as any of them land in any place or port of that Government, to appoint a sufficient guard for securing them til they are dispos'd of according to the terms of the indentures they have entred into, and to take notice that such of the prisoners as have not entred into indentures, of whom there are some, are not to be set at liberty until they have engaged themselves by indentures in the same way as the others. Signed, James Stanhope. [C.O. 5, 190. pp. 333, 334.]
April 23.
Whitehall.
129. Same to Governors Lowther, Spotswood, Hart, Walter Hamilton, Ld. A. Hamilton, and Shute. Circular letter as preceding. [C.O. 5, 190. pp. 334, 335.]
April 24.
Whitehall.
130. Same to the Council of Trade and Plantations. Having laid before the King your letter of the 18th I am to acquaint you, that in pursuance of what you proposed, Feb. 17th, etc. directions are sent to the Governor of Jamaica for paying of the debt contracted for the subsisting of these forces, out of the first and readiest of the Revenues of that Island and for continuing to subsist them in the same way till the General Assembly fall upon some other method for their subsistance. Signed, James Stanhope. Endorsed, Recd. 27th April, Read 1st May. 1716. 1 p. [C.O. 137, 11. No. 13; and 138, 14. p. 413.]
April 28.
St. James's.
131. Order of King in Council. Referring following to the Council of Trade and Plantations, to hear petitioners and report their opinion thereon. Signed, Robert Hales. Endorsed, Recd. 30th April, Read 1st May, 1716. 1 p. Enclosed,
131. i. Petition of Richard Partridge, Agent for the Colony of Rhode Island and Providence Plantation, to the King. Col. Burges, the late Governour of New England was directed in his Instruccons to take upon him the command of the Militia of Rhode Island, and Providence Plantation. The power of the Militia is vested in the Governor and Company of the said Colony by the Charter of K. Charles II; by virtue whereof they have many years enjoyed the priviledge of comanding their owne Militia, which should they now be divested off, it would be attended wth. very ill consequence. Petitioner prayed to be heard against the same, etc., but another person having since been appointed, prays to be heard in behalf of the Colony, being apprehensive the same instruction may be prepared for him by the Commissrs. of Trade. Copy. 1½ pp. [C.O. 5, 866. Nos. 84, 84 i.; and 5, 914. pp. 324–327.]
April 28.
St. James's.
132. Order of King in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. 8th, Read 10th May, 1716. 1¼ pp. Enclosed,
132. i. Petition of Sir Edward Ernley to the King. On behalf of his brother John Colleton, prays that he may be appointed to the Council of Barbados, notwithstanding Sir John Colleton's opposition, etc. Set out, A.P.C. II. No. 1254. Copy. 1¼ pp. [C.O. 28, 14. Nos. 50, 50 i.; and 29, 13. pp. 329–331.]
April 30.
Amboy.
133. Abstract. Governor Hunter to the Council of Trade and Plantations. Received his Instructions of 7th Sept. about a month ago. Our Indians attacked the enemies of Carolina and brought back several scalps and some prisoners. Believes that war is near an end, but if not our Indians will march in a body in the spring to attack them. This will serve as an answer to that odd memorial of Mr. Lodowick's. The Council were as much surprised at it as he was, and all denied that they had written to him to that purpose. The memorial is really Mr. Nicholson's. Replies to the suggestion that Col. Peter Schuyler was slighted. Admits that he thinks very highly of Col. Morris. Encloses accounts of building forts and explains provisions of the Revenue Act and begs that it may be confirmed. "It is not in the power of men or angels to beat the people of this Continent out of the silly notion of their being gainers by the augmentation of the value of plate." The number of Militia is 5060. The inhabitants do not increase so fast as in the neighbouring Provinces where the purchases of land are easier. Great numbers of the younger leave Long Island yearly to plant in the Jerseys and Pennsilvania. If they could extend their limits, as proposed in his last letter, the people might be kept at home. Trade does not decay, though the low rates of flour in the West Indies sometimes damps it for a season. News has arrived of the Pretender's flight. On the first news of that rebellion, Hunter framed and signed an Association against him, which he sent to the Council, who signed it, as did almost all ranks of men. Mr. Vesey has acknowledged his errors and promised to behave better in the future. He was put upon going to England by Mr. Nicholson. The late Chief Justice was in the plot, but as he is dead, will only say he was the most ungrateful of men. Refers to enclosures iii. and iv. He will interpose in the former. Signed, Ro. Hunter. Endorsed, Recd. 20th June, 1716, Read 14th Nov., 1717. Holograph. 8 pp. Printed, N.Y. Col. Doc. V. 475. Enclosed,
133. i. Account of money remitted and raised for building forts in the Province of New York, 1703 ff. Endorsed as preceding. 1½ pp.
133. ii. Copy of the Association of the Governor and Inhabitants of New York against the Pretender. New York, Dec. 16, 1715. We who have hereto subscribed our names in duty to God and our King and due regard to our holy religion, our country and prosperity do solemnly declare and promise that we will to the utmost of our power and ability support maintain and defend H.M. rightfull and lawfull title to the sovereiginity of Great Britain and all other the Dominions and Territories thereto belonging agt. the Pretender and all other Pretenders whatsoever, their associates and abettors. And we do further in the most solemn manner promise and engage to one another that we will cheerefully and readily joyn together when thereto required by lawfull authority, at such place within this Province and in such manner as shall be by the sd. authority appointed to oppose and suppress all such efforts as shall be made by the secret or avowed friends or abettors of the said Pretender, etc. Same endorsement. 1 p.
133. iii. Bill of indictment found by the Grand Jury of New York against Thomas Clarke, merchant, for seditiously stating that most of the best imployments in America and the West Indies were exercised by men of that country (meaning that part of Great Brittain formerly called Scotland) and that wee needed them (meaning the Governor etc.) not. Also that King William was an alien and at his death could not dispose even of his personal estate, etc. Same endorsement. Copy. 1½ pp.
133. iv. Bill of indictment found by the Grand Jury of New York against William Vesey. Whereas on 2nd Dec., 1709, the greatest body of the inhabitants of the City of New York were descended of the Dutch Nation allways had and continue to have and use their own national worship in the Dutch language and their ministers from time to time supplyed from Holland by the classes of Amsterdam. And whereas there then was and still is in the said City a very considerable congregation of French Protestants who in like manner use their own manner of worship in the French language. And whereas the said Dutch and French Congregations have allways accounted themselves so very happy and easy in the free exercise and enjoyment of their own way of worship that most of them not only have contributed peaceably, chearfully and willingly towards the payment of the sallary of the minister of that Congregation in the said city in communion of the Church of England, but have also freely and voluntarily paid very large sums towards the building of a very handsome and decent Church and steeple for the National Worship, called Trinity Church, and paid many other marks of respect and good affection to Mr. William Vesey then incumbent thereof, and are still desirous of cultivating a good understanding with the inhabitants of that communion. Nevertheless Mr. Vesey intending to break the harmony, peace and tranquillity of the inhabitants, and to bring the Dutch and French Congregations, into great scandall and infamy, etc., on that day did write a certain infamous libell to the defamation of the said congregations, to witt, "I hope Col. Riggs and the Bishop of London with other friends will recommend me and my Church to the favour and protection of the new Governour and that affectionately. Otherwise I fear wee shall sink under so great an oppression both from the French and Dutch (Congregations), who maliciously seek our destruction," etc. Same endorsement. Copy. 2¼ pp. [C.O. 5, 1051. Nos. 33, 33 i.–iv.; and (without enclosures) 5, 1123. pp. 458–465.]
April 30.
St. Christophers.
134. Governor Hamilton to the Council of Trade and Plantations. Repeats 10th April, q.v. Concludes:—I have received several orders from H.M. to pass patents for plantations in the former French ground vizt. for Madame Elizt. Salenave, her former husband's plantation, etc., which I order'd the Surveyor to run, or lay out according to H.M. pleasure to me signified in that behalfe, that I might pass a patent for the same, but one Mr. Cunynghame who marryed a niece of the said Salenave (an obstinate man) brought and offered me a patent in Councill ready drawne without mentioning any quantity of akers or being limited by any bounds or so much as being surveyed by any one notwithstanding the sworne Surveyor had given him notice, etc., for which reason by the advice of the Councill I refused to pass the said patent, of wch. I supose, or at least I am informed the sd. Cunynghame doth designe to form a complaint against me. wch. I hope will have litle wight with your Lordship, when I assure you that it is not out of any disobedience to H.M. commands, but will reddily comply when ever that selfe willd gentleman has gott the land lay'd out according to H.M. directions. The next is Mrs. Renoult who had an order for 336 akers for wch. I pass'd her a patent two days agoe, but I beg your Lordships give me leave to observe to you the manner some of them have imposed, as this Mrs. Renoult. Shee setts forth that her husband was formerly possess'd of 5000 akers of land, where in truth I cannot learne that he ever was posses'd. of the fift, or even the sixt part, and as for her adhearing to the Protestant interest, she did upon the Treaty made at Ryswyke remaine amongst the French and actually was knowen to go to mass, but (as I am inform'd here) a difference hapened between her and her son, or sons, they claiming a right to the plantation of theire father, was the reason of her going for England, by wch. the son remained in possession, and was so in 1702, when I myselfe sent them of amongst the rest of the French prisoners. As for Monsieur Bonnemere he has now his land running out by the Surveyor, and as soone as finish'd shall pass a patent for the same, at the same time I can affirme that boath ould and young bonnemere (under whom this Bonnemere in England claimes) were amongst the French, and in the fort, when wee tooke the Island in 1690. The last order that is com to my hand is for Mrs. Martha Assaillie wch. was delivered me by her brother in law, and is for a plantation her father formerly had, but had sould it to one Mons. Zubere, or Jubere, and had actually received part of the purchase money and the said Martha Assaillie is now actually at the Island of Guardeloupe amongst the French, and has been there for above 10 months last past, for wch. reason I have refused her brother in lawe (who apply'd to me) a patent till shee shall appear herselfe in person, by wch. your Lordships may perceive what slender pretensions some of these people have to H.M. most gratious bounty, this I thought my duty to inform your Lordships of that you may act herein, or for the future as shall seem most proper to your most decerning judgment; only one thing I take the freedom to observe, that in case any more grants be given, that they may be for a certaine quantity of akers from where such a dwelling house, or sugar-house did formerly stand in such a plantation, and not for such a plantation, for if the latter, the bounds are so verry irregular, that it will always occasion disputes and vexatious lawe suites and if it is for such a quantity of akers it will prevent all wrangelings of that nature and the Island in time will looke like a garden. I must observe that severall persons have had grants for part of the land, now given by H.M., and did plant the same, who are now wholy without any remedy, since the passing of the patents, by wch. meanes they loose theire labour and are denyed any part, which I can not think was H.M. intention, all which I hope will be considered by recommending the same, or ordering that the persons that have planted upon grants that shall become voy'd by H.M. order may have some reasonable time allowed them to take of theire labour, etc. Signed, W. Hamilton. Endorsed, Recd. 28th June, 1716, Read 7th Feb., 1716/17. 4½ pp. Enclosed,
134. i. Deposition of Anthony Ravell, Surveyor. H.E. ordered him to survey the plantations of Mr. Bonnemere and Mme. Salnave and lay out for them the number of acres appointed by H.M. at once, etc. 5th May, 1716. Endorsed as preceding. 1 p. [C.O. 152, 11. Nos. 44, 44 i.; and (without enclosure) 153, 12. pp. 489–493.]
April 30.
Amboy.
135. Governor Hunter to the Council of Trade and Plantations. Abstract. The restless spirit of Cox and the furious zeal of Mr. Talbot has inflamed the lower rank of people in the Jerseys. Only time and patience or stronger measures than are at present in his power can allay the heat. Is gratified that the alternate sessions of Assembly at Amboy and Burlington have been restored by his Instructions, for it may not be safe to hold them or Courts of Justice at Burlington, as will be seen by the indictments by the Grand Jury there of the Chief Justice, President of the Council and Attorney General for doing their duty according to the laws. The Assembly being dissolved upon the arrival of his new patent writs were issued for a new election, when by means of false suggestions, fraudulent conveyances and the rum bottle the persons abovenamed procured such a return that the Council and all friends to the Government advised a dissolution in order to give the country one more opportunity of making a freer and better choice. Matters are something mended by the last returns, the Quakers having carried the elections against Cox in the county of Burlington. After much struggle they are now met at Amboy. Mr. Cox laboured hard to dissuade the members of the Western Division from coming to Amboy, but in vain, but by foul insinuations carried an address in the House to remove the Sessions to Burlington. Hunter answered that he should continue to follow H.M. Instructions, and that the ascertaining the time and places of sessions of Assemblies was an undisputed prerogative of the Crown, etc. The indictments enclosed are founded upon a notion instilled into the people by some pernicious pretenders to law here that the New Jersey Act for qualifying Quakers for employments by their affirmation or attestation was repealed by the Act of Parliament passed in favour of that people in the first year of His Majesty's reign, whereas it is plain that that Act extends the Act of 7th and 8th William III to the Plantations only so far as relates to the affirmation etc. in detail. Mr. Cox and his party gave out that all laws past in the last Assembly, which continued more than three years, were null and void by reason of the Triennial Act. Many therefore refused to pay their taxes, including Mr. Cox, who suffered himself to be distrained for his tax of 14s. He was chosen Speaker of the Assembly now met here, by the same means he was elected Assemblyman. Thinks he may be able to beat him with his own tools. The Assembly has sat for three weeks and done nothing. Cox has sent a Remonstrance through the country for signatures, praying H.M. to put the Province under a separate Government. Knowing that to be of ill precedent and dangerous consequences, Hunter will endeavour to put a stop to it, but if it goes home, hopes the Board will see that it gets the reception it deserves. It may be thought strange that one such man should embroil a whole Province, but palpable lies and absurdities backed with a large dram bottle have more force upon the minds of the lower rank of men in these parts than self evident truths and their own interest. The reason why he is not punished is, that the Quakers, who are the only friends to the present establishment in the county where he lives (thanks to the Rev. Mr. Talbot), and almost the only men of substance sense and probity there are not capable by the laws of serving on Petty Juries in criminal cases. The rest are his abettors who by the advice and arts of that vilest of prostitutes Basse defeat the laws and render all such prosecutions of no effect except to bring the Government into contempt. Is studying his practices in other counties and hopes thereby to be able to deal with him. To strengthen the hands of the Government requests the speedy confirmation of the Act now lying before them that the solemn affirmation of Quakers shall be accepted instead of an oath and for qualifying them. If the Board do not think fit to advise a declaration of nullity of all the laws passed by Mr. Ingoldsby though he had been suspended from the office of Lt. Governor several years before, still some of those laws are so unjust in themselves and of evil tendency that they ought to be disallowed, particularly the Act explaining an Act for support of H.M. Government, by which the money given to Lord Lovelace was given to Mr. Ingoldsby and others against all justice and H.M. express commands. Also an Act for better qualifying Representatives, which was intended only to exclude from the Assembly some persons of the best estates and figure in the Province who for the sake of their children's education, etc., reside at York. Hopes this will be disallowed as differing widely from the Instructions on that head, "which have ever been looked on as the terms of the surrender." The rest being either expired and replaced by subsequent Acts, no harm can be done by a general declaration of their nullity, etc. Signed, Ro. Hunter. Endorsed, Recd. 20th June, 1716, Read 23rd Nov., 1717. 9¾ pp. Printed, N.J. Archives, 1st Ser. IV. 230. Enclosed,
135. i. Indictment of David Jamison, Chief Justice of New Jersey, presented by the Grand Jury of Burlington, for directing Jeremiah Basse to qualify Quakers for the Grand Jury by affirmation, contrary to Act of 1st George, etc. (v. preceding). Basse objecting, he fined him £20. He also allowed the return of a jury by a Quaker, etc. Signed, James Thomson, cl. Endorsed as preceding. Copy. 2¾ pp. Printed, N.J. Arch. 1st Ser. IV. 236.
135. ii. Indictment of Lewis Morris, Member of Council for New Jersey, presented by the Grand Jury of Burlington, for ordering, 14 Dec., 1715, the return of a jury of Quakers after it had been dismissed by the Justices in accordance with the Act of 1st George, etc. Same endorsement. Copy. 1½ pp.
135. iii. Minute of Council of New Jersey, Dec. 22, 1715, referred to above. Signed, Ja. Smith, Secry. Same endorsement. Copy. 2pp.
135. iv. Governor Hunter's Speech to the Assembly of New Jersey. Perth Amboy, 4th April, 1716. Signed, Ro. Hunter. Same endorsement. Printed. 1½ pp. [C.O. 5, 971. Nos. 21, 21 i.–iv.; and (without enclosures) 5, 995. pp. 344–353.]