America and West Indies
May 1716, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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70-76

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'America and West Indies: May 1716, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 29: 1716-1717 (1930), pp. 70-76. URL: http://www.british-history.ac.uk/report.aspx?compid=73989 Date accessed: 25 July 2014.


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Contents

May 1716, 1-15

[May 1.]136. W. R. to the Council of Trade and Plantations. Quotes resolutions of the House of Burgesses of Virginia directed against the Lt. Governor (v. Journal), and prays for his removal.
"Ceartainly ye people whose intrest and all they have their wives and children has the safety and dignity of this Colony more at heart then the Governr. whose sole designe and study is only to inrich himself att the publick charge," etc. Signed, W. R. Endorsed, Recd 23rd April, Read 1st May, 1716. Addressed. 1 p. [C.O. 5, 1317. No. 16.]
May 1.
Whitehall.
137. Mr. Popple to Lt. Governor Spotswood. Encloses copies of anonymous complaints (v. preceding and Feb. 7th) for his answer. [C.O. 5, 1364. p. 260.]
May 1.138. Governor Hunter to Mr. Popple. The two papers or preachments of the Quakers at the late election I think will pretty well inform you of the true state of ye case in the Jerseys. I send you the very originals. If they are not ryme they are reason I assure you. Adieu, make your own use of them, and shew them to your Board or any of their Lodps. as you think fitt. Signed, Ro. Hunter. Endorsed, Recd. 20 June, 1716, Read 23rd Nov., 1717. Holograph. Addressed. Sealed. 1 p. Enclosed,
138. i. The case stated betwixt our present Governour and Daniell Coxe. When he first arrived he called an Assembly who prepared many bills, but finding Coxe, Sunman with some others who were of the Council utterly to opose those preparations by reason of which little or no business for the good of this Province could be gon on with they being beforehand preposestt with resolutions not to do anything for makeing the people called Quakers capable in common with others to be serviceable to their neighbours and countrymen in the Government. Being tinctured by the precedentt Greatt Governour the Lord Cornbury who owed them no good will, whereupon our Governour gott these obsticles removed, etc. Whereupon Coxe sett himself to be chosen for the General Assembly, not in the County of Burlington, wherein he dwelt (being so well known there) but in Gloucester, stirring up animosities there, and raising hopes of their being eased of the Expedition tax, etc. Another stratgem of this designing person the people seemeth to be taken with by his insinuations of a sepparate Governour, which thinking persons cannott suppose will prove much to our advantage, but that which seemeth worthy to conduce to one Bench is to be annextt to Pensilvania when it shall so happen yt. that Government shall fall under the Crowne. And in the meantime to be content in the station we now are, for ass much ass that our Governour is inclined to moderation and to assistt in what he can for the common wealth in this Province, etc. 1½ pp.
138. ii. An Expostulation with my freinds and others concerned in this weighty affaire of choosing persons to represent uss, etc., by Tho. Sharp. And was read in publicque, att the opening of our election the 10th of this instant 12th mo. called February, 1715. Supports the Governour as "a man not upon the extream" etc. 1 p. [C.O. 5, 971. Nos. 20, 20 i., ii.; and (without enclosures) 5, 995. p. 343.]
May 1.139. Mr. Popple to Sir E. Northey. Whereas in 1691 upon a report of the Attorney and Sollicitor General, a clause was inserted in the Commission for the Government of the Massachusets Bay, and ever since continued impowring the Governor of that Province to command the Militia of Rhode Island etc., but the Agent of the last mention'd place having now petition'd to have that clause left out in the Commission now preparing for Col. Shute etc., I am commanded to state the following Qrs. to you; by the Act of the 13th of K. Charles II, it is declared that the sole supreme Governmt. command and disposition of the Militia is in the Crown; but the Charter to Rhode Island two years afterwards gives this power from the Crown to that Charter Governmt. Query whether a power vested in the Crown by Parliamt. can be granted by Charter from the Crown as in this case to Proprietory Govmt. [C.O. 5, 914. pp. 327, 328.]
[May 1.]140. William Byrd to the Council of Trade and Plantations. Upon turning over the Laws of Virginia, I find an old Act pass't in 1663, concerning forreign debts, etc. The purport of it is, to defraud all creditors liveing in Great Britain, of debts justly due to them from any person that go's over to Virginia, unless that person carry over with him into that country effects to the value of such debts. Such an Act is so notoriously unjust in itself, so unequal to Great Britain, and so infamous to that Colony, that your Lordps. will need no further argument than the reading of it, to induce you to lay it before H.M. in order to its being repeal'd. Signed, W. Byrd. Endorsed, Recd. Read 1st May, 1716. 1 p. [C.O. 5, 1317. No. 17; and 5, 1364. p. 261.]
May 2.
Whitehall.
141. Mr. Popple to Mr. Byrd. The Council of Trade and Plantations having again consider'd your Memorial (preceding), desire you will give them some instance wherein that Act has been made use of to the prejudice of creditors, or let them know, whether you have lately had any complaints against the said Act. [C.O. 5, 1364. p. 262.]
May 3.142. Mr. Byrd to Mr. Popple. Reply to preceding. I know of two instances of peoples having pleaded that unrighteous Act in bar of just debts. I shall wait upon their Lordps. when I have full particulars, etc. Signed, W. Byrd. Endorsed, Recd. 3rd, Read 4th May, 1716. ½ p. [C.O. 5, 1317. No. 21; and 5, 1364. p. 293.]
[May 4.]143. Merchants and inhabitants trading to and residing in Virginia and Maryland to the Council of Trade and Plantations. Petitioners had a very profitable trade with the Indians in those Colonys, and have now large quantitys of goods there, only fitt for that trade but to their great surprise they find a law made by the Assembly of Virginia, 1714, intituled, for the better regulating the Indian trade, which confines the trade of those Indians to one particular place, and to one sett of men, to the manifest injury of petitioners; and if not prevented in time, may be of fatal consequence to the inhabitants and all H.M. European subjects trading to Virginia, who are shutt out by this law, by forcing the Indians to trade with Carolina or Maryland both which are Proprietors Governmts., and will doubtless give all the incouragement possible to gett such a beneficial trade. And whereas all monopolys are looked upon destructive to trade and industry, etc., by this monopoly there will be but one buyer of goods and one seller; such buyer will put his own price on the said goods etc., and extort unreasonable gain from their fellow subjects as well as the Indians etc., wherefore petitioners pray for the repeal of that injurious law, so that trade may take its natural course as formerly, etc. Signed, Henry Offley, and eight others. Endorsed, Recd. 4th, Read 10th May, 1716. 1 large p. [C.O. 5, 1317. No. 22; and 5, 1364. pp. 294–298.]
May 4.
Whitehall.
144. Mr. Secretary Stanhope to the Lords Proprietors of Carolina. Refers to letter of April 23. For avoiding any mistake from the general words of that letter, I am now to signify to you H.M. pleasure, that at the arrival of any of these rebels in Carolina, who have not entred into indentures here, you do send orders to the Governor to offer to them that they enter into the like indentures with the others, vizt. to serve for the space of seven years, if they refuse to enter into such indentures he is to take notice that they are to be disposed of in the same manner as those that have, only the Governor is to give proper certificates to those who purchase them, that it is H.M. pleasure that they shall continue servants to them and their assigns for the term of seven years, which certificates the Governor is to cause to be recorded for the satisfaction of those who purchase them, least they should at any time attempt to make their escape, not being bound. Signed, James Stanhope. [C.O. 5, 190. p. 335.]
May 4.
Whitehall.
145. Same to Governors Lord A. Hamilton, Spotswood, Lowther, Hunt, Shute, Walter Hamilton. Circular letter as preceding. [C.O. 5, 190. p. 336.]
May 9.
Virginia.
146. Lt. Governor Spotswood to the Council of Trade and Plantations. Abstract. Encloses following, and defends Act for the better regulation of the Indian trade against the petition for its repeal, explaining its objects and the ill practices of independent traders. "The Indians have rarely ever broke with the English, except where they have received some notorious injury" from the traders, and then their first attack has been upon the plantations they most frequented and with whose strength they were acquainted. The Act aims at keeping them as remote as possible from the inhabitants and has already resulted in reducing such troubles. It will conduce to the recovery of trade with foreign Indians, which was injured by the action of S. Carolina, since it will now be carried on by the Government and most substantial men in the country. The fort at Christanna secures the country against the Southern Indians, who are the most likely to prove hostile, more cheaply and efficiently than the Rangers hitherto kept out. The settlement by the Company there and security achieved thereby will lead to the taking up of lands. Describes progress in conversion of the Indians to Christianity. The Southern Indians have lately made overtures for peace with Carolina and have agreed to send children to the school at Christanna as hostages. The establishment of the Company makes it possible to prevent enemy Indians from being supplied with powder, as the Tuscaruros were in the late war both from N. Carolina and Virginia. The opposition comes from the old traders. "From the first erection of that Company, their great aim has been to endeavour at a trade with the Nations on the other side of the mountains, and by their encouragement, a passage is (since the date of the inclosed memorial) discovered through those mountains, which have been always look'd upon as unpassable; they are preparing to open a trade that way, and seem resolved to push it on, whatever it cost; and as the difficultys and charge of that undertaking must be great so it is not probable it will ever be prosecuted if the trade falls again into private hands," etc. Signed, A. Spotswood. Endorsed, Recd. 28th June, Read 10th July, 1716. 7¾ pp. Printed, Va. Hist. Soc. Coll., Spotswood Papers, II, 144. Enclosed,
146. i. Memorial of the Virginia Indian Company to Lt. Governor Spotswood. Reply to a petition to H.M., framed by a few merchants in London upon the false representations of some discontented people in these parts, to repeal the Virginia Act concerning the Indian Trade. The limiting the trade with the Indians is no new thing in Virginia. It has been the custom in former times for Governors to grant licences for that trade exclusive of all other persons. There are also several Acts to that effect. It is but of late that such a latitude has been given to all persons, and even that priviledge was allow'd upon conditions which have never yet been comply'd with, etc. Repeat arguments etc. advanced in preceding letter. Williamsburgh, April 23, 1716. Signed, Nathl. Harrison, Tho. Nelson, W. Dandridge, Richd. Bland, Ro. James, Jno. Holloway, Jo. Irvin, Jon. Baylor, Cole Digges, Wm. Cocke, Mann Page, Edm. Kearney, Wm. Cole, G. Walker, Tho. Jones, Cha. Chiswell, Wil. Robertson. Endorsed as preceding. 6 pp. [C.O. 5, 1317. Nos. pp. 39, 39 i.; and (without enclosure) 5, 1364. pp. 385–401.]
May 10.
Whitehall.
147. Mr. Popple to Robert Hardisty. Encloses petition of Sir E. Ernley (v. April 28) for what Sir J. Colleton may have to offer thereupon at ten of the clock on Tuesday, etc. [C.O. 28, 14. p. 332.]
May 10.
St. James's.
148. Lords Proprietors of Carolina to Governor Craven. You are to obey in every particular H.M. pleasure in relation to the transported rebels, signified in Mr. Secretary Stanhope's letters, quoted. Signed, Carteret, Palatin, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. pp. 96, 97.]
May 10.
Whitehall.
149. Council of Trade and Plantations to Mr. Secretary Stanhope. Enclose following, "which are in the usual form except one clause in the Commission for the Massachusets Bay. That clause gives the Govr. a power of commanding the Militia of Rhode Island, etc., in general terms, and was inserted in the Commission for the Government about 1691," etc. Quote May 1 and Attorney General, April 5, q.v.. Continue:—We have therefore thought fit to avoid any inconveniences to give the Governor a power over the said Militia in time of war or in imminent danger in wch. we are fully justified by the report of Sir Edwd. Ward and Sir Tho. Trevor in 1694, then Attorney and Sollr. General, etc. Annexed,
149. i. Commission for Samuel Shute to be Governor of the Massachusets Bay. In the usual form, save that the Militia clause referred to in preceding runs thus: And whereas there are divers Colonies adjoyning to Our Province of the Massachusets Bay, for the defence and security whereof, it is requisite that due care be taken in the time of war, we have therefore thought it further necessary for our service, and for the better protection and security of our subjects inhabiting those parts, to constitute and appoint, and we do by these presents constitute and appoint you the said Saml. Shute to be our Capt. Genl. and Commander in Chief of the Militia and of all the Forces by sea and land, within our Collonies of Rhode Island and Providence Plantation, the Narraganset Country or King's Province, and of all our forts and places of strength within the same in time of war or imminent danger. Dated, June 15, 1716.]
149. ii. Commission for Samuel Shute to be Governor of New Hampshire. Dated, June 15, 1716. [C.O. 5, 914. pp. 329–368.]
May 12.
St. James's.
150. H.M. Warrant appointing John Johnson to the Council of New York, in the room of Saml. Staats, decd. Countersigned, James Stanhope. Copy. [C.O. 5, 190. p. 342.]
[May 12.]151. Sir John Colleton, Bart., to the Council of Trade and Plantations. Restates his case (v. Jan. 17, 1715, April 28, 1716, etc.) He has revived the suits depending against John Colleton, the greatest part of his estates being detained from him since his father's death, etc. Endorsed, Recd. 12th, Read 15th May, 1716. 1½ pp. [C.O. 28, 14. No. 51.]
May 15.
Whitehall.
152. Mr. Popple to Mrs. Ernley. Encloses copy of Sir John Colleton's memorial. After the hollidays the Council of Trade will appoint a day to hear what you may have to offer thereupon by Council or otherwise, etc. [C.O. 29, 13. p. 333.]
May 15.
Whitehall.
153. Council of Trade and Plantations to the King. Reply to 18th Oct., 1715. Quote Capt. Walton's petition and Order thereupon. By the commissns. and plans he has produc'd to us, and by the examination of our Books, we find his allegations to be true. We must however observe that by the Instructions given to the Capt. Genl. and Govr. in chief of your Majesty's Leeward Islands, there is a salary of £200 per annum allow'd to such Lieut. Governors as are appointed by the Crown out of the duty of 4½ p.c. As for his accompanying the ship appointed to touch at the Virgin Islands, we humbly conceive that Walton's experience and knowledge may not only save a great expence in facilitating the dispatch of the accounts to be transmitted hither but be of great use and service in showing the several harbours and other places of these Islands fit to be taken notice of. To which end we humbly propose whether it may not be convenient that a small sloop be imploy'd on the coasts of the said Islands for more expedition and to avoid any dangers, to wch. a ship of war may be expos'd, in visiting the several harbours. But of this particular, your Majesty's Board of Admiralty are more proper judges. We are humbly of opinion Capt. Walton deserves a gratification, etc., but what may be a competent allowance for his present undertaking, and what may be a proper recompense for his past. service, is most humbly submitted, etc. [C.O. 153, 12. pp. 384–388.]