America and West Indies
June 1716, 1-9

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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101-107

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'America and West Indies: June 1716, 1-9', Calendar of State Papers Colonial, America and West Indies, Volume 29: 1716-1717 (1930), pp. 101-107. URL: http://www.british-history.ac.uk/report.aspx?compid=73991 Date accessed: 21 September 2014.


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Contents

June 1716, 1-9

June 1.
Whitehall.
186. Council of Trade and Plantations to Lt. Governor Spotswood. We have lately had under consideration your letters of 2nd June, 17th Aug., 14th Sept., 16th Nov. and 29th Dec., 1713, and of 29th March and 25th Oct., 1714, to the late Board. We have also receiv'd and read your letters of 1st Dec., 1714, 27th Jan., 28th March, 4th June, 15th July, 9th Aug., 24th Oct., 1715, and 16th Feb., 1715/16. As the greatest part of the business in those letters is over, we shall be but short in our present answer; however, there are some things we must take notice of and particularly what you write in your letter of 2nd June, 1713, about holding the Courts of Oyer and Terminer and the constituting the Judges thereof. We concur with the Council that there is no need to hold such Courts when there are no criminals to be tried; but we do not see what reason they have to insist upon being the sole Judges of such Courts; for H.M. Commission impowers you to appoint judges etc. so that you are at liberty to appoint such persons as occasion shall require. You say indeed that the general Court has hitherto been the only stated Court that has had cognizance of life and member and that the Council are constituted Judges thereof. If they are so constituted by Act of Assembly it alters the case, yet even then we do not see why you may not by vertue of H.M. Commission and Instructions appoint a particular Court of Oyer and Terminer, and constitute the Judges thereof, unless it be otherways directed as aforesaid by Act of Assembly. But there is one assertion of theirs wherein they are mistaken, and that is that gentlemen in England are never added to the Judge's Commissions of Oyer and Terminer, but in the circuits; for it is frequently done here. As to what you write about the Tobacco trade in the same letter and about the quit-rents in your letters of 1st Dec., 1714, and 4th June, 1715, you will see by our report of 2nd Sept. last (a copy whereof is here inclos'd) what we have offer'd to H.M. upon those heads. We have considered the Act for seating and planting of lands and have laid the same before H.M. for his Royal approbation; as to the other Acts, we have them under consideration, and shall lay such of them before H.M. as shall be necessary. We need say nothing to you upon the subject of Councillors, that matter having been determin'd by H.M. Instructions. We do not clearly understand your reasons why the Councillors may not act in two capacitys, that is as Councillors and as the upper House of the General Assembly, since it may so happen that some things may pass in that branch of the Legislature of which they are members, which when they come to reconsider as Councillors they may advise to be rejected, in which we do not at present see any inconsistency, but if this is liable to be attended with ill consequences as you seem to say, we shall be ready upon your further explaining the same to us to alter our opinion. You are very much to be commended for your care in preventing illegal trade with the French, and we doubt not but you will think it not only your duty but interest to be very diligent in seeing the Acts of Trade and Navigation duly put in execution. Your endeavours towards the education of the Indian children is also very commendable and we shall be glad to hear from time to time of the progress made therin. As we think it will be of publick service that you give the said Indians all the encouragemt. and good usage possible; we cannot agree with you in opinion that out Friend Indians should be prohibited coming near the Brittish settlements, for we know by experience that the French living amongst the Indians and intermarrying with them has been one great reason of the Canada and Eastern Indians adhering so steadily to the interest of the French. As to a supply of arms you will have seen by our Secry's. letter of 22nd Sept. last what we did upon your desire etc. And upon this occasion we must approve your care in assisting your neighbours of Carolina who thô a Proprietary Government are nevertheless H.M. subjects. We have consider'd your speech mention'd Oct. 24th, and think it necessary to give you our opinion upon it, that thô the Assembly was compos'd of mean ignorant people, and thô they did not comply with what you might reasonably expect from them, yet we are apprehensive that such a speech, so full of sharp expressions may not only incense them but even their electors to such a degree as may require a considerable time before the people are brought to temper again. However, we hope that by your prudent management no future Assemblies will deserve such a reprimand. We have under consideration the proposal you sent us, Feb. 16th last, for determining the bounds etc., upon which we can only observe that it is impossible for us to know whether the bounds as laid down in that paper are right or not, for that is a matter that can only be determin'd by the Comrs. on both sides on the spot. However, after we have consider'd it further and communicated it to the Lords Proprietors of Carolina, we shall lay it before H.M. and give you an account of H.M. pleasure thereupon. [C.O. 5, 1364. pp. 376–381; and 5, 1335. No. 197.]
June 1.
Whitehal.
187. Council of Trade and Plantations to Peter Heywood, Commander in Chief of Jamaica. Upon occasion of H.M. recalling the Lord Archibald Hamilton from the Government of Jamaica, and appointing you Commander in Chief of that Island, we have thought it necessary to send you the inclos'd extracts of two of our letters to his Lordship for your information and guidance in what may be expected from you. We cannot omit earnestly desiring you to promote and recommend unanimity in all your public proceedings for H.M. service, the safety, wellfare and good of the Island, and that you'll do your utmost to prevent all heats and animosities, so destructive to justice and the public service. The preservation of the peace and safety of Jamaica, is of such consequence, that we hope the Assembly will maturely consider of it with the present circumstance of that Island, in regard to the growing power of the French and Spaniards and the weak condition of your own militia; so that it may be needless for us any more to recommend the taking care of providing the additional subsistance necessary for H.M. Forces there, till the Island shall be better strengthen'd by white people, and that H.M. shall be pleas'd otherwise to dispose of the said troops. We wou'd likewise hope it unnecessary, thô we desire you as you see occasion to assure them of our readiness to second whatever may be offer'd by the gentlemen of Jamaica, that may promote their true interest and H.M. service. [C.O. 138, 14. pp. 430–432.]
June 2.
Admty. Office.
188. Mr. Burchett to Mr. Popple. Returns packet for the Governor of Jamaica, the Adventure having sailed, etc. Signed, J. Burchett. Endorsed, Recd. 4th, Read 5th June, 1716. 1 p. [C.O. 194, 6. No. 16; and 195, 6. p. 290.]
June 2.
St. James's.
189. H.M. Warrant appointing Edmond Kelly Attorney General of Jamaica in reversion from and after the determination of William Broderick. Copy. 1½ pp. Enclosed,
189. i. The King's instructions to Mr. Secretary Stanhope to prepare above warrant. Copy. ¼ p. [C.O. 137, 46. Nos. 18, 18 i.]
June 4.
Custom ho., London.
190. Mr. Carkesse to Mr. Popple. The Commissrs. of the Customs desire to know whether the French part of St. Christophers has been granted away by the Crown, and, if so, the reserved rent thereof, etc. Also if the Governour of Berbuda, an Island belonging to Coll. Coddrington, has been approved by H.M. etc. Signed, Cha. Carkesse. Endorsed, Recd. 4th, Read 5th June, 1716. Addressed. 1 p. [C.O. 152, 11. No. 4; and 153, 12. p. 395.]
June 5.
St. James's.
191. H.M. Warrant granting John Cornelius, Naval Officer of Barbados, leave of absence for two years, etc. Countersigned, James Stanhope. [C.O. 5, 190. pp. 350, 351.]
June 6.
New York.
192. Governor Hunter to the Council of Trade and Plantations. Abstract. His hopes of an improvement in the Assembly of New Jersey were justified. The conduct of Mr. Speaker Cox has opened the eyes of the country. He has fled with many of his crew to Bristol in Pennsylvania, where the sculking disaffected few with the Rev. Talbot at their head meet him, but their power has dwindled. Mr. Sharpe having been elected and so cast the balance on the right side, Mr. Cox dispaired of carrying any point in the Assembly and absented himself together with all those whom he could persuade to follow him. The remaining members met, but being only twelve, were unwilling to act as a house without a majority. After several adjournments, they addressed the Governor to oblige the absent members to attend, who sent orders to them by the Sergeant at arms. Some obeyed, and when they were sufficient to act as a house, being fifteen, they chose a new Speaker and sent their Serjeant at arms for their absent members. Being informed that none were to be found but that most of them had fled to Pennsylvania, they expelled them and ordered writs for new elections in their place. They then drew up enclosed addresses etc. If, as he hopes, he has got rid of Talbot, the rest will return upon their knees to their duty, and the Province be as easy and happy in a little time as this. The Assembly of New York met yesterday. His speech to them (enc. No. iv.) did them no more than justice, for real joy appears almost in every face for H.M. success over his enemies. Promises himself nothing but what is dutiful and fair in this sessions. Has transmitted to Mr. Champante enclosed address to the King, etc. Signed, Ro. Hunter. Endorsed, Recd. 30th July, 1716, Read 26th Nov., 1717. 2 pp. Printed, N. J. Archives, 1st Ser. IV. 255. Enclosed,
192. i. Governor Hunter's speech to the Assembly of New Jersey, 19th May, 1716, requiring them to take the usual methods to oblige their fellow members to attend. Signed and endorsed as preceding. Copy. ¾p. Printed, N.J. Archives 1st Ser. IV. 249.
192. ii. Address of the Council and Assembly of New Jersey to the King. Perth Amboy, 25th May, 1716. Welcome H.M. accession as a deliverance from the dangers which threatened their civil and religious liberties. Same endorsement. 2 pp. Printed, N.J. Archives, 1st Ser. II. 253.
192. iii. Address of Assembly of New Jersey to Governor Hunter. Your administration has been a continued series of justice and moderation. Will make returns by providing a handsome support for the Government, The late Speaker by his last action shows that his study has been to disturb the quiet of the Province and act in contempt of the laws etc. Signed, by order of the House, Will. Bradford, Clk., Perth Amboy, 23rd May, 1716. Same endorsement. 1 p. Printed, N.J. Archives, 1st Ser. II. 250.
192. iv. Governor Hunter's speech to the Assembly of New York, 5th June, 1716. We have reason to rejoice over H.M. success against the desperate attempts of his unnatural subjects and the Popish Pretender. H.M. has not a Province where fewer look a Squint on his rightful title etc. The late insidious treaties of peace and commerce, left it too much in the power of our enemies to annoy us on this side. The vast preparations in France for settlements behind you along the Messasipi, with the neighbourhood of a very considerable garrison and sea port at Cape Breton, I hope will be sufficient to induce you to put yourselves into a better state of defence against the evil day to come etc. Recommends strengthening of this fort and that at Albany, which is next to none at all, now that the burdensome expence of the fruitless expeditions is in a great measure over, and the subject here is less loaded with taxes than any of their neighbours. Hopes for augmentation of the troops here, the Lords of Trade having seconded his representations. Recommends payment of the publick debts etc. Signed, Ro. Hunter. Endorsed, Recd. 30th July, 1716, Read 26th Nov., 1717. Printed by William Bradford in the city of New York, 1716. 2 pp.
192. v. Address of the Council and General Assembly of New York to the King. Give thanks to Heaven for the suppression of the rebels who unnaturally attempted to dethrone the best of Princes and destroy the best of Constitutions etc. Signed, A. D. Peyster and 7 other Councillors, and W. Nichol, Speaker and 17 other Assemblymen. Some signatures torn off. Endorsed as preceding. 1 p. [C.O. 5, 971. Nos. 23, 23 i.–iii. (without enclosures iv., v.); and (enclosures iv., v. only) 5, 1051. Nos. 39 i., ii.; and (without enclosures) 5, 995. pp. 356–360.]
June 7.
Admlty. Office.
193. Mr. Burchett to Mr. Popple. Returns pacquet for Mr. Haywood, the Adventure having sailed before it came to hand, etc. Signed, J. Burchett. Endorsed, Recd. 7th, Read 8th June, 1716. Addressed. 1 p. [C.O. 137, 11. No. 21; and 138, 14. p. 433.]
June 8.
Whitehal.
194. Mr. Popple to Mr. Burchett. The Council of Trade and Plantations desire that the pacquet mentioned in preceding may be sent by a merchant ship. A duplicate whereof may go with any sloop or small frigate of H.M., when any such shall sail to that Island. [C.O. 138, 14. p. 434.]
June 8.
N. York.
195. Governor Hunter to Mr. Popple. Mine to the Board will inform you that Cox and his pitifull crew are defeated and fled, he holds Councils in Pensilvania, at the last it was resolv'd that he and Talbot should go over, and apply to the house of Commons since they cannot prevaile with the King, the Minrs. or the Lords ha ha ha. I doubt he will not go after all but get in his subscription money and remaine at Philadelphia where I hear he has taken a house. Do not forget me nor my Palatine clames. I now believe that I shall live to thank you, etc. Signed, Ro. Hunter. Endorsed, Recd. 30th July, 1716, Read 27th Nov., 1717. Holograph. 1¼ pp. Enclosed,
195. i. Indictment of Thomas Gordon, Attorney General of New Jersey, presented by the Grand Jury of Burlington, for declaring the Act of Parliament, 1st George, for making perpetual the Act of affirmation etc. (v. April 30), to be "no better than a ballard" etc. Endorsed as preceding. 1½ pp. [C.O. 5, 971. Nos. 25, 25 i.; and (without enclosure) 5, 995. p. 363.]
June 8.
N. York.
196. Governor Hunter to Mr. Popple. Encloses Minutes of Council of the Jerseys, etc. Signed, Ro. Hunter. Endorsed, Reed. 30th July, 1716, Read 27th Nov., 1717. Holograph. 1 p. [C.O. 5, 971. No. 26; and 5, 995. p. 364.]
June 8.
Whitehall.
197. Mr. Popple to Mr. Carkesse. Reply to 4th June. Two representations containing proposals for the better settlement of St. Christophers were transmitted by the Council of Trade and Plantations to Mr. Secretary Stanhope the 3rd and 4th May, 1715, but they have not yet receiv'd H.M. pleasure thereupon. In relation to Barbouda, their Lordships do not know that any Lieut. Govr. has ever been propos'd to the Crown for approbation. [C.O. 153, 12. p. 396.]
June 8.
Whitehall.
198. Same to Tho. Frankland, Clerk of the Delivery of Ordnance. The Council of Trade and Plantations desire to know what arms and ordnance stores have been sent from the Office of Ordnance to the Leeward Islands, if any, since 1702. [C.O. 153, 12. p. 397.]
June 8.
Whitehall.
199. Same to Sir E. Northey. The Council of Trade and Plantations being now preparing Instructions for Col. Shute, for the Governments of the Massachusets Bay and New Hampshire send you the inclosed copy of a clause relating to the taking and administring of oaths, etc. in lieu of the clause (4) which was given before, for your opinion whether the same do answer the intent of the several Acts of Parliament now in force, etc. Annexed,
199. i. Copy of clause (a) proposed ut supra.
199. ii. Copy of clause (b) in Col. Burges' instructions (v. July 18). [C.O. 5, 914. pp. 369–371.]
June 9.200. Mr. Attorney General to the Council of Trade and Plantations. Reply to preceding. The Commissions are passed according to clause B. wch. I think is right for although the Abjuration oath is altered by the Act of ye 1st of ye King yet the other oathes are not thereby altered and therefore it will be proper to mencion ym. as in clause B. wch. clause I am of opinion will be proper to be continued. Signed, Edw. Northey. Endorsed, Recd. 11th, Read 14th June, 1716. 2½ pp. [C.O. 5, 866. No. 78; and 5, 914. p. 372.]
June 9.
Whitehall.
201. Mr. Secretary Stanhope to Governor Haywood. Since my last to you, by which I convey'd to you H.M. Commission and Instructions, H.M. has thought fit to sign the additional ones herewith enclos'd, by which you will see, that what relates in the former Instructions to the effects either of the Governor, or of any other person who shall be seized and sent hither, is restricted to the taking an account of their effects, and in whose hands they are, and not to go farther, and you are to regulate yourself accordingly. I am further, by H.M. orders, to acquaint you, that what is meant of the other persons besides the Governor to be seiz'd and sent hither for the unjustifiable practices mention'd in your Instructions, is only of persons who have been guilty of these practices at sea, and who by the law may be tryed here; for as to such who have been accessory to them at land, they can only be tryed upon the place except the Governor. Signed, James Stanhope. Annexed,
201. i. H.M. Additional Instructions to Governor Haywood. St. James's, June 5th, 1716. We having had [Our Instructions, May 28th] further under our consideration, have thought fit hereby to direct you to pursue them in so far as relates to the persons either of the late Governor if he has been concern'd in these injustifiable practices or any of the other who have been guilty of the abuses mentioned, by seizing them and sending them hither by the first opportunity with such evidence as shall be proper for convicting them according to law, but you are to take notice, notwithstanding anything contained in our former Instructions, that you are not to seize the effects either of ye Governor or of any other person who are to be sent hither as criminals, but you are only to take an accot. of their effects and in whose hands they are, that in case they shall be found guilty according to law, it may be known where their effects are to be found. Signed, G. R. Copy. [C.O. 5, 190. pp. 347–349.]