America and West Indies
September 1717, 17-30

Sponsor

Institute of Historical Research

Publication

Author

Cecil Headlam (editor)

Year published

1930

Pages

30-50

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'America and West Indies: September 1717, 17-30', Calendar of State Papers Colonial, America and West Indies, Volume 30: 1717-1718 (1930), pp. 30-50. URL: http://www.british-history.ac.uk/report.aspx?compid=74027 Date accessed: 31 October 2014.


Highlight

(Min 3 characters)

September 1717, 17-30

Sept. 17.
Hampton Court.
84. H.M. Warrant for Robert Jenny, Clerk, to be Chaplain to the Four Independent Companys of Foot at New York. Countersigned, J. Addison. [C.O. 324, 33. pp. 114, 115.]
Sept. 17.
Boston.
85. Archibald Cumings to the Council of Trade and Plantations. Acknowledges letter etc. of 12th Dec. last. Continues: I must humbly represent that if such seizures of wooll [transported from one Colony to another] doe not ly to be tryed in the Court of Admiralty here it will be difficult ever to condemn such seizures in the Courts of Common Law because both Judges and Jurys are generally parties concerned and things of this nature being destructive to the woolen manufactures here it cannot be expected to have that justice in the Common Law Courts as in the Court of Admiralty where all other seizures upon the breach of the Acts of trade are cognoscible. Acknowledges letter of 2nd March etc. and refers to enclosure. Continues:— Wee have had imported this year to this time about 1,400 pipes of Azores wines, Madera, and Canary wines into this port and about 1,500 hhds. of rume from our own Islands besides a vast deall of suger and molosses here was built in this Colony last year from Aprill to Aprill last about 160 saill of vessels computing one with another att 50 tun each makes 8,000 tun of shiping and the preceding year about 148 saill: wee have exported since Christmas to Midsummer for Great Brittain 5,041 brls. tarr, 4,934 brls. turpentine and 3,617 brls. of pitch from this port but for your Lordships more particular information refers to the quarterly accounts transmitted of the imports and exports from each Collector's district to the Commissioners of the Customes etc. I have sent your Lordships a draught of the Brittish Empire in North America by which your Lordships will see its scituation and the inconveniencies these Colonies may be exposed to by the French settlements upon our backs (in case of another warr) if timely care be not taken by putting all the Colonies upon an equal foot of Government and protection, etc. Signed, Archd. Cumings. Endorsed, Recd. 4th, Read 6th Dec., 1717. Addressed. 1 p. Enclosed,
85. i. Imports of foreign and enumerated commodities imported into Boston in New England, 1714. Molosses, 1,074 hhds., 55 barrels, 937 teirces; Sugar, 53 hhds., 35 barls., 59 teirces; Logwood, 1,434 tuns; Rum, 29 hhds., 20 barls., 44 teirces; Cocoa, 6; Cotton wool, 32. 1715, Molosses, 900 h., 119 b., 745 t.; Sugar, 3 h., 186 b., 48 t.; Logwood, 803 tuns; Rum, 19 h., 5 b., 26 t.; Cocoa, 66; Cotton wool, 9. 1716, Molosses, 800 h., 137 b., 778 t.; Sugar, 4 h., 521 b., 116 t.; Logwood, 275 tuns; Rum, 23 h., 25 b., 28 t.; Cocoa, 98; Indigo, 4½ Cotton wool, 9. 1717, (half year to Midsummer), Molosses, 388 h., 328 b., 645 t.; Sugar, 215 b., 12 t.; Logwood, 60 tuns; Rum. 12 h., 8 b., 6 t.; Cocoa, 7; Indigo, 7; Cotton wool, 63. Signed, Archd. Cuming, Surveyor and Searcher, 1 p. [C.O. 5, 866. Nos. 128, 128 i.; and 5, 915. pp. 65–68.]
Sept. 18.86. Sir Alexander Cairnes and James Douglas to the Council of Trade and Plantations. Details of proposed settlement in Nova Scotia of 200 persons within three years in case there be no war with France or Spain, etc. (No. 3 i.) Undertakers first intend to build a small town stockaded round for securing the settlers they shall send over to be employed in making naval stores, etc. As this country is cold and not fit for any manufacture the settlers must have their whole supplies from Great Britain etc. If at any time hereafter H.M. shall think it necessary to erect a fort on that coast, the place pitched upon by H.M. shall be assigned for that end, if not already built upon. The undertakers do not desire to hinder any persons from fishing in the seas of the said districts. They desire to be under such form of government as H.M. shall hereafter be pleased to appoint and establish there. As this country is a meer wilderness, 'tis hoped all due encouragement will be given to the undertakers, who are ye first proposers for the settlement thereof, in doing of which they must lay out considerable sums of money. (v. Aug. 2). Signed, Alex. Cairnes, James Douglas. Endorsed, Recd., Read 18th Sept., 1717. 2½ pp. [C.O. 217, 2. No. 35; and 218, 1. pp. 330–333.]
Sept. 18.
Whitehall.
87. Council of Trade and Plantations to the King. Representation on Mr. Barwick's petition (v. Aug. 29th and Sept. 12). The time of his absence from Barbados without your Majesty's leave will be two years at Michaelmas next so that according to your Majesty's Instructions to the Governors of that Island his place in the Councill is become vacant. But (for reasons given Sept. 12) we have no objection why your Majesty may not restore him to his place and precedency therein, and further to allow him to continue here so much longer as may be necessary for the affairs which brought him hither, etc. [C.O. 29, 13. pp. 395–397.]
[Sept. 18.]88. Bishop of London to Governor Lowther. Reply to May 17, No. ii. q.v. As to Dominick Langton, (v. No. 68 i.) I take it the House of Commons of Ireland did inflict all the punishment they thought proportionable, nothing being mention'd of his exclusion from preferment in any other Church. Major Mason of the Tower assured me you had promised to provide for him, which I think you told me also, etc. As to Acourt, if he have again lost his senses. I shall be oblig'd to you for not employing him etc. As to my appointment of a Commissary, by the terms you quote I have so exactly guided myself by the tenour of the Article in your Instructions that it is impossible there should be room for any cavil. etc. If Mr. Gordon have so far mistaken himself as to pretend to erect such a Court and exercise such a Jurisdiction as you very amply explain, he has done it without any advice or direction from me, and in case it be inconvenient, it is in your judgment how far it shall be permitted, yet so as that you countenance and support him in the exercise of such jurisdiction as his predecessors have used or even with such farther enlargements as the state of Religion in the Island shall require consistently with the peace of it. For I have not from any other Colony so melancholy an account of the state of religion as from yours, especially if it be true, that not long ago a presentment was prepared by your Grand Jury to complain of the Clergy as a nusance to the Colony. I am indeed perswaded the attempt was as malicious as unheard of among Christians; nevertheless it may possibly have some such foundation, as to render it necessary to have a careful inspection into the behaviour of the Clergy with you, and it is therefore the more my duty to do my part in the method hitherto practised. which is by appointing a Commissary. Your demanding of me to produce Letters Patents to authorize me to exercise Ecclesiastical Jurisdiction is more proper for the consideration of H.M. and his Ministers, than mine, who can best judge whether it is fit that you obey H.M. Instructions or no. I can assure you no Governor in the other Colonies, in which there are seven Commissarys make any such demand or the least objection. As to the hard words you give Mr. Gordon, they are very contrary to the accounts I have had and still have of him; however I send him a copy of your letter, and leave him to answer for himself. Copy, without date or signature. Endorsed, Recd. (from the Bishop of London), Read 18th Sept., 1717. 2¼ pp. [C.O. 28, 15. No. 15.]
Sept. 18.
Whitehall.
89. Council of Trade and Plantations to Mr. Secretary Addison. Reply to July 19th. The Receiver-General of Jamaica has been oblig'd to pay the £620 out of his own stock to John Chaplin the Receiver appointed by the Jamaica Additional Duty Act, wch. we think a very great hardship and injustice to H.M. Patent Officer, and an incroachment upon the Prerogative. And therefore we are humbly of opinion, that H.M. be graciously pleased to give an Instruction to His Governor now going over, that he move the Assembly in H.M. name that they take care to reimburse the said Knight the said sum, with the usual interest of the Island for the same. Cf. A.P.C. II. No. 1283. [C.O. 138, 15. pp. 296–298.]
Sept. 18.
Whitehall.
90. Council of Trade and Plantations to Mr. Secretary Addison. Enclose following to be laid before H.M. in obedience to Order of July 31st. Annexed,
90. i. Draught of H.M. Additional Instruction to the Governors of Plantations. Whereas by Our Instructions to you, you are required not to pass any law of an extraordinary or unusual nature and importance, whereby our Prerogative or the property of our subjects may be prejudiced without having either first transmitted unto us the draught of such a bill or bills and our having signifyed our Royal pleasure thereupon or that you take care in the passing of any Act of an unusual and extraordinary nature that there be a clause inserted therein suspending and deferring the execution thereof untill our pleasure be known concerning the said Act etc. It is our further will and pleasure, that you do not for the future pass any Act which may any ways affect the Trade or Shipping of this our Kingdom, without a clause expressly declaring that the said Act shall not be in force untill it be approved and confirmed by us, our heires and successors and you are to signify our pleasure herein to the Council and Assembly of our Province of — under your Government. And to take care that the same be punctually observed for the future, upon pain of our highest displeasure. [C.O. 324, 10. pp. 134–136.]
Sept. 18.
Whitehall.
91. Council of Trade and Plantations to the King. Commissions having been issued by his late Majesty King William for trying pirates in America etc. pursuant to the Act for the more effectual suppressing of piracy, which was revived by subsequent Acts, and by the Act in the first year of your Majesty's reign to prevent disturbances by seamen etc. is to continue in force for five years from 29th Sept. then next ensuing etc.; and we having received advice of some pirates being already seized in New York and in the Bermuda Islands are humbly of opinion that it may be necessary that the like Commissions be renewed etc. [C.O. 324, 10. pp. 136, 137.]
Sept. 18.92. John Mills to the Council of Trade and Plantations. Proposal for settling, planting and peopling the late French part of St. Christophers. 300 poor families to be granted about 8 acres each near the sea. The remainder to be granted at £5 per acre to John Mills, who will re-sell the same to the present possessors at that price, plus so much pr. acre as they shall agree to allow him for his charge, trouble and pains etc. under certain conditions. Signed, Jno. Mills. 10 pp. [C.O. 152, 12. No. 39.]
Sept. 19.93. Same to same. Corrects preceding, proposing 10 acres for each poor family. At the first establishment of Barbados and the Leeward Islands 10 acre men were established, and by that means the inhabitants became very numerous and trade very much increased. But the rich men were too powerfull for the poor, they purchas'd their plantations and soon turn'd them out of possession, which in a great measure depopulated those Islands, and render'd them incapable to withstand the enemy. The 10 acre men must have no power to sell or dispose of their land etc. Signed, John Mills. Endorsed, Recd., Read 19th Sept., 1717. 2 pp. [C.O. 152, 12. No. 40.]
Sept. 19.
Whitehall.
94. Mr. Popple to Governor Hunter. Encloses, for his observations thereupon, copy of Samuel Mulford's petition, 15th Aug., 1717. [C.O. 5, 1123. p. 453; and (rough draft) 5, 1079. No. 94.]
Sept. 19.95. Mr. Solicitor-General to Mr. Popple. I have considered the Act to enable William Anderson etc. (v. 4th Sept.). As the debt for which the land is to be sold was contracted by his wife when sole, it seems reasonable that so much of her estate should be disposed of to pay it and though this estate would come to the infants after the death of Wm. Anderson, yet as he parts with his estate for life in the premisses to wch. he is entitled as tenant by the curtesie towards the satisfaction of this debt thus contracted, I think the infants will have no reason to complaine, the remainder being limited to them absolutely. Signed, Wm. Thomson. Endorsed, Recd., Read 17th Oct., 1717. ¾ p. [C.O. 5, 1051. No. 32; and 5, 1123. p. 455.]
Sept. 19.
Whitehall.
96. Mr. Popple to Mr. Solicitor-General. Encloses, for his opinion in point of law, Acts of Jamaica, (i.) for the more easy serving of constables. (ii.) for the effectual discovery of all persons disaffected to H.M. and to prevent all such persons holding office. (iii.) to prevent fraudulent trade to Hispaniola, etc. (iv.) to oblige several inhabitants to provide themselves with a sufficient number of white people and to maintain such as shall come over. (v.) to encourage the bringing over and settling of white people. (vi.) for repealing an Act for the better securing the estates and interests of orphans etc. (vii.) to secure the freedom of elections etc. (viii.) for granting a further relief in relation to proving of wills and testaments and granting letters of administration etc. Particularly upon the last mention'd Act the Council of Trade and Plantations desire to know whether it do's not any ways interfere with the Governor's Instructions. [C.O. 138, 15. pp. 298–300.]
Sept. 19.
Hampton Court.
97. Mr. Secretary Addison to the Council of Trade and Plantations. Refers following for their report. Signed, J. Addison. Endorsed, Recd. 24th, Read 26th Sept., 1717. Superscribed,
97. i. Petition of Edward Pennant and Anthony Swymmer, of Jamaica, to the King. Upon your Majesty's warrant, H.E. Peter Heywood has granted to Edward Nichols the escheated estate of the late Anna Williamina Bernarda Kupius, previously granted by Governor Lord A. Hamilton to petitioners. Pray for relief etc. (v. A.P.C. II. 1284 etc.). Signed, John Moore. The whole, 1 p. [C.O. 137, 12. Nos. 65, 65 i.; and 138, 15. pp. 310–315; and (French version of petition only) 137, 46. No. 10.]
Sept. 19.98. Memorandum of previous correspondence relating to the estate of Mrs. Kupius. 1 p. [C.O. 137, 12. No. 66.].
[Sept. 20.]99. Mr. Solicitor-General to Mr. Popple. I am humbly of opinion that the Act of St. Christophers to impower the Surveyors etc. (v. 4th Sept.) is proper to be pass'd as it is commodious to the publick and as the persons whose private properties would be affected thereby are provided for. I don't apprehend any inconvenience from the said Act but as the usual method in such cases in England is that the value of the land of private owners should be appraised by a jury upon oath it seemes reasonable at least that the two appraisors in the Act menconed should be upon their oathes unless the method of that country is otherwise and that the appraisors being chose one by the Surveyors and the other by the proprietor should be thought a sufficient provision to secure the property of the owners of the land so converted to the publick use. Signed, Wm. Thomson. Endorsed, Recd. 20th Sept., Read 12th Oct., 1717. ¾ p. [C.O. 152, 12. No. 46; and 153, 13. pp. 112, 113.]
Sept. 20.
Maryland.
100. Governor Hart to Mr. Secretary Addison. Acknowledges letter of July 8th, signifying that H.M. had receiv'd advice from the Court of France, of the revolt of the Island of Martinica from the French Government, and sent away ye Governor and Intendant thereof, and that it was H.M. pleasure (in regard to the friendship and amity subsisting between H.M. and the Crowne of France, and to the good correspondence which H.M. is always willing to maintain with the Regent) that the rebellion shou'd intirely be discouraged and discountenanced by giving the persons concern'd in it, no manner of protection or assistance, from H.M. adjacent Islands or other Dominions etc. In all dutifull obedience to his Sacred Majesty's commands, I immediately on the receipt of yr. letter, laid it before the Council of this Province, who advis'd me to publish a Proclamation, to declare H.M. pleasure, concerning this Rebellion etc. Signed, Jo. Hart. Endorsed, R. 1st Feb., 1717. 1½ pp. Enclosed,
100. i. Proclamation by the Governor of Maryland. Annapolis, 13th Sept., 1717, forbidding assistance to the rebels of Martineca, etc. [C.O. 5, 720. Nos. 25. 25 i.]
Sept. 24.
Pensilvania.
101. Deputy Governor Keith to the Council of Trade and Plantations. Refers to letter of 26th (?=27th) June. Continues: Having already travelled above 500 English miles this summer in visiting this Government, etc., I found great plenty of iron oar in many places. which oar blacksmiths with their common furnaces work up to a great advantage and in such quantities as thereby to discourage the importation and lower the price of European iron; I have therefore sent several paterns of this oar to some merchants in London, with a description of the places where it is found, and if any proposals are offered to your Lordships for encouraging an iron manufactory there I hope your Lordships will be inclineable to promote a design which if pursu'd, in my humble opinion cannot fail to prove very advantagious both to the trade and navigation of Great Britain. I have many reasons to perswade myself that the Crown will soon find an advantage and conveniency either by purchase or some other agreement to take the Dominion of this Colony into it's own hands, and it is with this view that I would humbly offer it to your Lordships as an useful thought, so to order matters in the mean time as that both sides of De La Ware River and Bay vizt., the West Jerseys, this Province, and the three Lower Counties may be brought under one Governmt. the number of Quakers that are settled in West Jersey seems to make such an union very natural, and the continual jarrings between the people of West Jersey and New York, of which I believe there are many instances now lying before your Lordships, will not a little contribute towards the same end. Signed, W. Keith. Endorsed, Recd. 4th, Read 12th Dec., 1717. 1¼ pp. Enclosed,
101. i. Minutes of Council of Pennsilvania, held at Cannistogo, 19th July, 1717. Present, the Lt. Governor and Council and the Chiefs of the Cannistogoe or Mingoe Indians, the Delawares, the Shawanois, and Gunawoise, all inhabitants near the River Susquehanna. Capt. Christopher Smith, instructed by Lt. Governor Spotswood, showed that some Senequa Indians had confessed to having murdered some Cattabew Indians near Fort Christianna, not knowing them to be in amity with Virginia. He was informed that some Shawanois Indians were concerned in this murder, and demanded an enquiry etc. The Shawanois admitted that six of their number had accompanied that party of the five Nations who had committed the fact, but were no way concerned in the attack. They had only one Cattawbra prisoner, taken many years ago etc. Capt. Smith proposed that he might have liberty to treat with those Indians, in order to make a league with them in behalf of the Government of Virginia etc. The Governor answered that he did not conceive it to be necessary or useful that any persons whatsoever should be permitted to treat with Indians except the Government of that Colony to which the Indians respectively belonged. If Collo. Spotswood desired to make any treaty with the Indians who lived under the protection of this Government, for establishing a peace between them and the Indians under the protection of Virginia, the Governor himself with the advice of his Council, would heartily endeavour to accomplish a treaty upon such reasonable terms as Collo. Spotswood might propose, etc. and that in the mean time he would (as it had been usual in this Province) insist upon our Indians friendship to all the English Colonies, with their dependent Indians, and Virginia in particular. Addresses the Indians accordingly. Copy. 6 pp.
101. ii. The Address of Lt.-Governor Keith to the Assembly of Pennsilvania, 20th Aug., 1717, with their reply etc. Copy. 5¼ pp. [C.O. 5, 1265. Nos. 88, 88 i., ii.; and (without enclosures) 5, 1293. pp. 132, 133.]
Sept. 25.
Whitehall.
102. Mr. Secretary Addison to the Council of Trade and Plantations. Enclosed I transmit to your Lordships, by H.M. command, the copie of a Memorial presented to the King by Monsieur d'Iberville the late French Envoy, etc.: that your Lordships may fully inform your selves of the state of this affair, and draw up such a report upon the same, as may be laid before H.M. Signed, J. Addison. Endorsed, Recd. 26th Sept., Read 6th Nov., 1717. 1 p. Enclosed,
102. i. Memorial of M. d'Iberville to the King. London, July, 20/9, 1717. The undersigned Envoy Extraordinary of France has received fresh orders to repeat to his Britannic Majesty the humble prayer, which has already been made several times, for the necessary directions to be given to oblige the inhabitants of Nevis to fulfill the capitulation made by them the 4th of April, 1706, etc. Signed, D'Iberville. Copy. French. ¾ p.
102. ii. Memorial concerning the Capitulation of Nevis. The officers and inhabitants of the Island seeing themselves unable to resist the forces of M. d'Iberville, and wishing to avoid total disaster, asked to capitulate in the redoubt (deodan) (which was about to be taken by force). M. d'Iberville granted their request, to the prejudice of the considerable advantage which he would inevitably have gained from the capture and complete pillage of this Island. Conditions of Capitulation quoted. v. C.S.P. 1706. Nos. 357 iii. (a), 357 v. Continues: All the negroes not having been surrendered, as required by the 7th Article, but on the contrary several of the inhabitants having caused them to seek refuge in the redoubt contrary to their plighted faith, M. d'Iberville prepared to reduce them by force a second time within this redoubt, but the principal officers and inhabitants proposed to him a new Treaty in order to avoid a worse misfortune, which was signed 19th April. Quote, C.S.P. 1706. No. 357 vi. Continues: M. d'Iberville religiously performed everything he had agreed to by these Treaties. But of all the conditions to which the officers and inhabitants agreed, they have fulfilled on their part only that relating to the hostages, and they have taken so little care to redeem them, that they have not even provided them with what is necessary for their subsistence, these four hostages having consumed more than 20,000 livres for their keep at Martinique. Demands payment with interest and fulfillment of terms of Capitulation, April 4 and 19, (1,400 negroes or 140,000 piastres) from the Company established in England for the Trade with Nevis. Also 100 francs for each prisoner not released in exchange as agreed, = 170,000 livres. French. Copy. 6¾ pp. [C.O. 152, 12. Nos. 50, 50 i., ii.; and 153, 13. pp. 149–158.]
[Sept. 25.]103. Agents of Barbados to the Council of Trade and Plantations. The Legislature of Barbados having past an Act for laying a duty on all foreign sugars etc. that are not the produce of H.M. Plantations which shall be imported thither, we enclose following, not doubting but that you will recommend it for H.M. approbation. Signed, Jo. Micklethwaite, John Lloyd, Geo. Bampfield. Endorsed, Recd. 25th, Read 27th Sept., 1717. ¾ p. Enclosed,
103. i. Reasons for the above Act. The French and Dutch have the advantage of a newer soil and consequently can sell their sugars far cheaper than the Planter of Barbadoes can, who hath a soil almost worn out, etc., for a plantation of 200 acres in any of the French colonies may be cultivated with 30 or 40 negroes and few cattle or horses, because their land is fresh and rich, which in Barbadoes would require 150 negroes, with 50 or 60 head of cattle and a dozen horses, and they cannot buy a good beast fitt for work under £20, and horses are dearer, etc. This law is to putt the planter upon an equal footing with the importer of foreign sugars etc. (v. Oct. 14). 1¼ pp. [C.O. 28, 15. Nos. 16, 16 i.; and 29, 13. pp. 397–402.]
Sept. 25.
Whitehall.
104. Council of Trade and Plantations to Mr. Secretary Addison. Enclose following to be laid before H.M. Annexed,
104. i. Council of Trade and Plantations to the King. Representation in reply to 15th Nov., 17–16, q.v., and the Marquis de Monteleon's Memorial concerning H.M. subjects cutting logwood in the Bay of Campechy. Althô' we did humbly propose such methods as we esteem'd proper and necessary to support the cutting of logwood in the West Indies, when Mr. Methuen was on departure for Madrid, yet on this occasion, when a Trade of so great importance to our Navigation and the American Colonies is in danger of being lost, we have again carefully perus'd the books and papers in our Office, and receiv'd from the merchants and others the fullest informations we can hope to obtain, which hath taken up much time; and we do now humbly crave leave to lay before your Majesty the past and present state of this Trade, with the arguments that formerly engag'd your Majesty's Royal Predecessors to protect and support the same, to which we shall add some observations, and the reasons that induce us to conclude, your Majesty's subjects have now as full and ample right to this trade as to any other liberty or priviledge that has been allow'd by the Crown of Spain, and enjoy'd by them by vertue of any Treaty whatsoever. In the first place therefore, it must be observ'd, that logwood is one of the products of the Province of Yucatan, which extends itself into the North Sea in form of a Peninsula, about 100 leagues in length, the Spaniards are possess'd, of San Francisco de Campechy, it's capital town and port, which has been thrice taken by the English, and besides they have two other inland towns, Merida and Valladolid, of no great importance having few inhabitants, but the rest of the Province before the logwood cutters were setled, was in a manner wholly desolate and uninhabited. Nevertheless it must be allow'd that the Spaniards had from time to time cut wood in several places near their own settlements, but during the hostilities that were committed in the West Indies before 1667, they deserted that imployment, being frequently interrupted by the privateers, both by sea and land, who by degrees becoming acquainted with the coast and with those parts where the wood grew, that were most remote from the Spaniards, they at last fell into the trade, and laid the foundation of their future establishment. Their first settlements were near to Cape Catoche, but upon (if not before) the publication of the Treaty concluded at Madrid in 1667, by the Earl of Sandwich, they likewise setled near Suma Sunta, adjacent to the Laguna de Terminos and to Trist and Beef Islands, which being the most convenient place for cutting of wood, and a tolerable harbour for their ships and vessels, the whole trade soon center'd there, for notwithstanding the aforesaid Treaty was principally intended to adjust and settle our commerce with his Cath. Majesty's Dominions in Europe etc. (quoted), it was concluded that the Peace extended to America as well as Europe; whereupon many of the British privateers that had before us'd those seas, to the great interruption of commerce were then induc'd to quit their former course, and to settle with the logwood cutters in the Laguna de Terminos; so that in 1669 their numbers were considerably increas'd, and great quantities of wood were transported both to Jamaica and New England. The American Treaty for restraining depredations in those parts, being afterwards concluded by Sir William Godolphin in July, 1670, added to their strength by encouraging several others of the privateers or seamen to fall in with this employment of cutting wood, to which it was now generally suppos'd they had a right by the said Treaty. And as the logwood trade was of the greatest importance to Jamaica, on the 10th of March, 1671 (2), Sr. Thomas Lynch, then Governor of that Island, not having receiv'd any orders how to govern himself in this affair, transmitted to the Lords of the Council the reasons that induc'd him to encourage the same under proper regulations: 1st That the English had done so for divers years. (2) It was in desolate and uninhabited places. (3) That this seems a possession granted by the American Treaty. (4) It might give us a right to seclude the Dutch and the French, if we shou'd break with Spain. (5) The Spaniards had not to that time made any complaints of it. (6) This employ makes the reducing of the privateers more easy. (7) That it will employ 100 sail annually, and bring in more to H.M. Customs and the Nation's trade than any Colony the King hath. Whilst there arguments were under consideration, the Earl of Arlington laid before the Lords of the Committee a letter from Sr. Thomas Modyford, the late Governor of Jamaica dated the 16th of May, 1672, wherein, after he had given an acct. of the great extent or compass of the country in which the logwood grows, how meanly the Spanish towns on the foresaid tract of land were peopled, and of the places frequented by the English, he adds, "That they have us'd this trade for three years past, at first finding it by the seaside, but afterwards being forc'd to go four or five miles up into the country for their refreshment, they had planted Indian provisions, and built houses there, to keep themselves and their provisions from the sun and rain, that in generall they had affirm'd to him, never to have seen any Spaniard or other person in all the time of their working, althô' they had gone 6 or 7 miles further into the country, to kill deer etc. This possession," he says, "in the West Indies, is held the strongest that can be, vizt. falling of wood, building of houses and clearing and planting the ground." Sr. Thomas Lynch, to confirm what he had before asserted, and to justify his proceedings, in Nov., 1672, sends home the copies of several depositions he had taken from the masters of ships and others concern'd in the logwood trade, and of a Proclamation he had issued out for the better regulation and security thereof. (Quoted, v. C.S.P. 1672. Nos. 954, 954 i., ii.) Continue: In January following, the Secretary of the Lords of the Committee advises him that their Lordships did altogether allow of the cutting of logwood etc. (quoted, v. C.S.P. 1673. No. 1015). This allowance of carrying on the trade as aforesaid, gave fresh vigour to those engag'd in it, tho' about this time the Spaniards began to interrupt them in the prosecution thereof, and to dispute their right to that liberty they had so long quietly enjoy'd. For we must insist on it, as an undoubted and uncontested fact, that from the publication of the Treaty in 1667, until about two years after the conclusion of the American Treaty, the logwood cutters had never been in the least disturb'd or molested in their employment, either directly or indirectly, nor dos it appear that the Spanish Govrs. took any umbrage at or made any complaint about it, much less did they pretend to an exclusive right, or that it was contrary to the laws of their commerce, or an infringment of the Treaty. Nay so far were they from expressing any resentment on this acct. or making it a pretence to justify the first hostilities they committed, in violation of the Treaties both of 1667 and 1670, that when Sir Tho. Lynch sent to Don Fernando Francisco Descavado, the Governor of San Francisco de Campechy, to demand satisfaction for two English ships which had logwood on board, and were taken by some Spanish men of war; in his answer to that charge, on the 6th of April, 1672, he takes no notice of our cutting logwood, or that those ships had any on board, or that we had setled on the Laguna de Terminos, nor had he any other complaint to make by way of retaliation, save that an English vessel had taken a Spanish bark at the Laguna de Terminos bound to Tobasco, which is the more remarkable, because the said Laguna was at that time and had been several years actually in our possession. It must likewise be further urg'd, that before the Queen Regent of Spain had publish'd a Royal cedula bearing date the 22nd of June, 1672, which orders, "that such as shou'd make invasion, or trade without license in the ports of the Indies, should be proceeded against as pirates" etc., it dos not appear that cutting of logwood was esteem'd by the Spaniards to be an invasion and trading without licence, but by vertue of this cedula it was at length carry'd to that height that if our ships had but any logwood on board, they were confiscated without remedy. Upon this subject the Earl of Arlington on the 19th of March, 1674, wrote to Sir William Godolphin, then Embassador at Madrid, as follows, "In a word, H.M. is so sensible of the sufferings of his subjects in this particular, that you must endeavour by all the skill you have, to procure some liberty for the cutting of logwood in those remote parts where the Spaniards have none, and H.M. subjects have had long abode and residence, and the rather, for that we find by all the replys we have seen, they justify themselves by that single point of cutting logwood nay even of finding it on board our vessels. wch. to us appears very unreasonable." Quote Sr. Lionel Jenkins v. C.S.P. 1675. No. 693 end. Continue: Thus by a Spanish Auto or a decree of that Court, which was inconsistent with, and made (ex post facto) after the ratifications of a publick and solemn Treaty, it was manifestly intended not only to debar the British subjects of that liberty they enjoy'd before the said Treaty was made, but in some measure to deprive them of the common right of all Nations; whereas if your Majesty's subjects did actually hold and possess the Laguna de Terminos and the parts adjacent at the time of the conclusion of the American Treaty, as hath been already prov'd, the last clause of the 7th Article will determine to whom the same belongs. Quote Article 7, "The King of Great Britain shall hold and keep … all the lands etc. in any part of America … which he and his subjects now hold and possess etc." And as long as the 8th Article of the same Treaty subsists, it will appear very extraordinary that the Spaniards shou'd pretend to any dominion or power in those ports and havens where they neither had fortifications nor magazines, or in those places which were not possess'd by them, because these descriptions are undoubtedly laid down by the Treaty, as the sole and distinguishing marks of the sovereignty of the Crown of Spain in those ports and places, from which only we were to forbear sailing to and trafficking in, whilst all other ports and places were left open and free. But notwithstanding the said Treaty was so strong in our favour, the Spaniards having thereby compass'd the two main ends they propos'd to themselves, vizt.: (i.) The securing their West India Trade to themselves, by excluding us, and consequently all other Nations from trafficking with them, a point which could never be before obtain'd, tho' it was strenuously insisted on in the reign of King James the 1st and afterwards in 1630. (ii.) The disdispersion of the privateers, who had long miserably harrass'd and distress'd the Spanish Settlements, and notably check'd the encrease both of their power and trade in those parts, but were now entirely reduc'd by the great care of the English Governors, and by their entring into the Logwood Trade. Yet the only advantages Great Britain aim'd at by the Treaty, vizt. that her subjects might carry on their trade without interruption, and peaceably enjoy those places they then held and possess'd, were in a great measure absolutely defeated. For after the publication of the aforesaid Royal cedula, many of our ships were made prizes under that pretence, sometimes by Spanish men of war, at other times by English pirates seduc'd by the Governors into the service of Spain, and afterwards by the Biscayneers that were sent to cruize in those seas. And upon the same pretence in April, 1680, several ships under the command of Don Philippo de Varedda Villegas arriv'd at the Island of Trist and the Laguna de Terminos, attack'd our logwood cutters, whilst seperated from one another, and dislodg'd them from thence. Moreover the Spanish Govrs. encourag'd by this success, and little regarding the just right of your Majesty or your subjects even to Plantations still more distant from their Dominions, did soon resolve upon another Expedition, and in 1682 surpriz'd New Providence one of the Bahama Islands. But these places were again soon repeopled, and the trade from Trist and the Laguna in 1682 was greater than ever. The rise and progress of the logwood trade from about 1667 to 1682, being thus stated, we presume, it would be too tedious and not very material to the point in question, to enter into the particulars, how and in what manner it was afterwards constantly carried on, and how it has been from time to time interrupted and supported until the year 1713, when the adjustment and settlement thereof was again under consideration both at Madrid and Utrecht. But since the Spanish Ambassr. insists on it, that by the Treaty of Peace made at Utrecht, in which (he says) it is stipulated that the lands or other places, which had been taken in the Indies during the war, should be evacuated, your Majesty is engag'd to oblige your subjects who are come to the Lake de Terminos, to leave it immediately, we most humbly take the liberty to represent further to your Majesty; That if his Excellency would hereby insinuate that your Majesty's subjects are but lately, or during the war come to the Laguna de Terminos, this is a mistake in fact, for it appears by the aforementioned depositions sent by Sr. Tho. Lynch, as likewise by the several representations from Sr. Thomas Lynch and Sr. Thomas Modiford, that they were there in 1669, and for some time or years before; and it is well known to the Spaniards that they have been ever since possess'd of that part of the country, except for two or three months after the aforesaid assault in 1680. Neither will what the said Embassador asserts from the Treaty, answer the end, for which it was produc'd. By the 8th Article, it is indeed agreed by his Cath. Majesty "not to alienate any of his territories in the West Indies to the French or to any other Nation, and upon this condition her late Majesty engages that she will give assistance to the Spaniards, that the ancient limits of their Dominions in America be restor'd etc., if it shall appear that they have in any manner been broken into, and lessen'd in any part since the death of King Charles II," but to argue from hence that the Laguna de Terminos, in possession of the English before 1670, must be evacuated when this Treaty has only reference to what has pass'd since the demise of the said King Charles II. is very extraordinary. But if the Ambassador refers to the Memorial on the Affairs of Commerce that was sign'd at Madrid 13th July, 1713, by the Lord Lexington and the Marquis de Bedmar, we must confess that the Article relating to the Logwood Trade, propos'd therein by his Lordship, had not then its effect. But we are assur'd, it was from thence, among other things, referr'd to the discussion of the Plenipotentiaries at Utrecht. What pass'd particularly on this affair at Utrecht, doth not appear to us, but by the Treaty of Commerce concluded the 28th of November following (of which the said Ambassador takes no notice in his Memorial) and wherein the several interests of the two Crowns and their subjects with respect to commerce were more particularly under consideration, it is manifest, that the rights and liberties insisted on by the British subjects in the West Indies were adjusted by the Lords Plenipotentiaries, and that a clause in the Treaty which determines this contest relating to the cutting of logwood beyond all possibility of dispute for the future, was then agreed upon and concluded, it being expressly stipulated in the first Article after the confirmation and ratification of the American Treaty in 1670, as follows, Without any prejudice however to any liberty or power which the subjects of Great Britain enjoy'd before, either thro' right, sufferance or indulgence. If therefore this comprehensive clause (which relates only to the West Indies) confirms, secures and re-establishes those liberties which the subjects of Great Britain enjoy'd in America before the Treaty in 1670, it necessarily follows, that they having then enjoy'd the liberty of cutting logwood without any interruption (as hath been fully prov'd) either thro' right, sufferance or indulgence; they are again entituled by this Treaty to the same liberty in as plain and express words as can be us'd or imagin'd. And that your Majesty may be more fully appriz'd of the importance of this Trade, the same will be effectually demonstrated by the following acct. of the quantities of logwood imported since the war, vizt., 1713–1716, in four years 4,965 tuns, that is, communibus annis 3,741 tuns, which cannot be computed at less than £60,000 pr. annum; tho' the price is at present reduc'd from £40 to £16 the ton, whereas before your Majesty's subjects were setled there, it was worth £100 the ton. Nor is this trade less necessary than beneficial to your Majesty's Dominions, by reason of the great incouragement it gives to our seamen and shipping, which at all times require a particular attention, but now especially when it's daily observ'd that very many British mariners, either thro' defect of the Laws, for want of imployment at home or in hopes of greater advantage abroad enter themselves into foreign service. Upon the whole therefore we are humbly of opinion. that the subjects of this your Majesty's Kingdom, for some years before as well as after the conclusion of the American Treaty in 1670, did enjoy an uninterrupted liberty of cutting logwood in the Laguna de Terminos and in other places not inhabited by the Spaniards in the Province of Yucatan, either thro' right. sufferance or indulgence: That the said American Treaty did establish a right in the Crown of Great Britain to the Laguna de Terminos and the parts adjacent, those places at the time of the Treaty, and for some years before, being actually in possession of the British subjects. That the Royal cedula issued out by the Court of Spain, was a violation of the aforesaid Treaty, forasmuch as the carrying on the Trade to the Laguna de Terminos, was thereby interpreted an invasion, and the logwood cutters accounted pirates. And that your Majesty's subjects having been (at least) suffer'd to enjoy the liberty of cutting logwood as aforesaid, before the conclusion of the American Treaty (althô' your Majesty should not insist on your said right to the Laguna de Terminos) yet, that the same liberty is absolutely granted and confirm'd by the Treaty of Commerce made at Utrecht. And we do further think it our duty to represent to your Majesty, that altho' the said Spanish Ambassador seems to declare in his Memorial, that no attempt should be made to dislodge your subjects setled on the Laguna de Terminos in a less time than eight months from the date of his said Memorial, yet they were dislodg'd and taken prisoners in the same month the Memorial was deliver'd, as appears by several affidavits sent to this Board by General Hamilton your Majesty's Governor of the Leeward Islands. 21 pp. [C.O. 137, 46. No. 27; and 389, 26. pp. 144–168.]
Sept. 26.
Whitehall.
105. Council of Trade and Plantations to Mr. Secretary Addison. Representation upon petition of Sir A. Cairnes etc. for a grant of land in Nova Scotia etc. (v. 2nd Sept.). We have enquired how far they would engage for the making such settlement. Quote proposal of Sept. 18. Conclude: This undertaking appearing to us to be for H.M. service in peopling the place and for the benefit of this Kingdom by laying the foundation for a trade from thence, we have no objection why H.M. may not grant petitioners request upon the conditions aforementioned. [C.O. 218, 1. pp. 334–337.]
Sept. 26.
Whitehall.
106. Mr. Popple to Mr. Lowndes. Reply to 22nd Sept. The Council of Trade and Plantations are of opinion that, as it is H.M. undoubted right to make leases of land belonging to the Crown, Mr. Attorney General or some of H.M. Council at Law are the proper Judges, whether the draught of the lease be in due form. Enclose copy of preceding and suggest that the leases be under conditions. etc. [C.O. 218, 1. pp. 338, 339.]
Sept. 26.107. Mr. Solicitor General to Mr. Popple. I am humbly of opinion that the Act of Barbados to dock the intail of certain lands etc. (v. Sept. 4) is very proper and is only to supply the place of fines and recoverys by which according to the law of England these partys in whom the fee simple of these estates are now vested might if the estates were in England have effectually settled it as by this Act and barred all remainders, etc. Signed, Wm. Thomson. Endorsed, Recd. 26th Sept., Read 11th Oct., 1717. ¾ p. [C.O. 28, 15. No. 18; and 29, 13. pp. 406, 407.]
Sept. 26.108. Same to same. Reply to Sept. 19th. I have no objections to the laws [of Jamaica] therein mentioned only I find in Nos. iii., iv., v. and vii., where forfeitures are treated the King's prerogative of entering non vult ulterius prosequi is taken away. Not that I presume any one would advise the King to make use of that power to the prejudice of the publick especially where a part of the forfeiture is given to an informer. But as cases may happen where the exercise of that prerogative may be necessary and commendable, I never mett with any Act before that takes it away but if it has obtained in this Island in many other instances, it may not be thought so considerable as to create alterations in these Acts. In the Act to prevent the trade to Hispaniola there is a forfeiture of £500 on every master of a ship who shall not take the oath therein mentioned one moiety to him who will sue seize and informe for the same. I think the word seise should be struck out as improper at that place, 'tis mark'd with a cross in the margent against the word and towards the latter end the word his is wanting before the word Majesty. As to the Act about probates of wills, it does interfere with the Governour's Instructions for that the power of granting probates is made subject to the Supreme Court of Judicature where before the Appeal from any supposed wrong lay only to the King in Councel. I cannot say that this law is unreasonable or seemes to be attended with any inconvenience to the subjects the contrary theire appeale will receive a speedyer and cheaper determination and in cases of small vallue the want of that must oblige persons to beare theire wrongs rather than appeal to England. But it is certainly abridgeing the present power of the Governour by making his probates liable to be repealed there, which are not so now and this is in some measure impairing the King's prerogative. Signed, Wm. Thomson. Endorsed. Recd., Read 26th Sept., 1717. 1 p. [C.O. 137, 12. No. 64; and 138, 15. pp. 307–309.]
Sept. 26.
Whitehall.
109. Mr. Secretary Addison to the Council of Trade and Plantations. Encloses following for their report. Signed, J. Addison. Endorsed, Recd., Read 27th Sept., 1717. 1 p. Enclosed,
109. i. Memorial of Lord Archibald Hamilton to the King. Complains of the behaviour and disaffection of several of the Council and the Deputy Secretary Page. Although expréssly commanded by H.M. Instructions, in case of any complaint against their Governor, to give him a copy of the charge, the party opposed to him in the Assembly, knowing there was no just cause for any accusation, collected a large sum of money and remitted it to Great Britain, to sollicite the affairs of the Island, a preceeding without president and contrary to H.M. Instructions, and at their instigation Page, a person unquallified and of an ill character whom Lord Archibald had refused to admit into the office of Deputy Secretary, left the Island without licence, contrary to law, and procured wilful and perjured affidavits charging against Lord Archibald etc. with encouraging and being concerned in fishing upon the Spanish wrecks and robbing them etc. Your Majesty was pleased to recall him, and appoint Mr. Heywood to succeed him, whom he had some months before by the unanimous advice of the Council removed from the Council and from being Chief Justice. The new Councillors appointed with the said new Governor were those whom your Majesty had before at the instance of Lord Archibald thought fitt to displace, and others the most violent men in the Assembly, who then became the majority of the Council, etc. Far from complying with your Majesty's Instructions, the new Governor and Councillors, in the enquiry made by them, acted in the most arbitrary, partiall and injustifyable manner, denying Lord Archibald the common right of the meanest British subject vizt. a copy of their charge or by any means to give him any knowledge of what they had to alledge against him, thereby greatly abusing the trust reposed in them, the measures they took having been with the only view of aspersing him by screening the guilty against your Majesty's just and royall intention of making restitution to the Spaniards. Thus unheard, ignorant of his charge, did Mr. Heywood and new Councillors seize his person, and at a day's warning sent him a prisoner to Great Britain, having granted a very extraordinary if not illegall warrant for his commitment, and all this by a majority of one only, and those new Councillors, the rest protesting. Lord Archibald since his arrivall here has continued many months under bail to appear and answer his charge having in the mean time made frequent applications to have the said accusation brought to a hearing. The Governour and Councillors conscious of the injustice of their proceedings, have entirely dropt their charge, and have chose rather to disobey H.M. Royall commands than appear any further in the matter. By all which it appears that the complaint was raised thro' their malice without any just foundation, merely to procure his recall. Prays for the removal of the said Councillors and the Deputy Secretary, as well for restoring his injured reputation as for discouraging such evil practices for the future, etc. 2½ pp.
109. ii. Samuel Page to Governor Lord A. Hamilton. On board the Diamond, March 6th, 1715. Announces that he has left Jamaica, without H.E.'s consent, and deputes Avery Wagstaffe to execute the office of Secretary etc. Copy. 1 p.
109. iii. Mr. Bernard to Lord Archibald Hamilton, Jamaica, June, 1717. In the Secretary's Office I was astonished to see the entry of a ticket from Lord A. Hamilton to Samuel Page to go off this Island. Page's impudence is surely unparallelled. I very well remember preceding letter, etc. Copy. ½ p.
109. iv. Copy of license for Samuel Page to depart etc. referred to in preceding, and purporting to be Signed, A. Hamilton. Copy. ½ p.
109. v. Copy, in French, of No. 1.
109. vi. Copy, in French, of H.M. Letter to Governor Lord A. Hamilton, 10th April, 1716. q.v. [C.O. 137, 12. Nos. 67, 67 i.–vi.; and (covering letter and enclosure i. only) 138, 15. pp. 315–325.]
Sept. 27.
London.
110. D. Harris to Mr. Popple. Here being a clamour att ye Jamaica Coffee house about making one Caillard of Jama. a Councellour there, I think fitt to acquaint you that he was bookkeeper to a factory house established by Mr. Way and myselfe, etc. I have now a fair demand on him for £800 for wch. I must sue him etc. Signed, D. Harris. Endorsed, Recd. 28th Sept., Read 10th Oct., 1717. Addressed. Postmark. 1 p. [C.O. 137, 12. No. 73.]
Sept. 27.
Hampton Court.
111. H.M. Additional Instructions to Lt. Governor Bennet. As No. 90 i. Signed, George R. The like Instructions were sent to Governors Hunter, Shute, Lowther, Hamilton, and George Earl of Orkney. [C.O. 324, 33. pp. 102, 103.]
Sept. 28.
N. York.
112. Governor Hunter to Mr. Pople. Encloses following for Bampfield, etc. Continues: If no mark of discountenance or discouragement be put at home on these men, I mean Cox, Bustill, Mulford and Sonmans, I believe the Ministry will be troubled with addresses from both Provinces very speedily relating to these enemys to their countrey and all that is good. I have not had the honor of any commands from the board of a long time. Only I beg that in my name you'll be pleased to recommend to the Council of New York Francis Harrison Esq. it is true there is no vacancy but a necessity of a supernumerary several Councelors living at a distance some such as Col. Schuyler, Renslaer and Heathcot, not attending one day in a year so that I am frequently at a losse for a Quorum. Our Council in the Jerseys dwindles. Mr. Huddy and Mr. Parker are dead. I desire in ye room of the former, Peter Fretwell, and of the later John Parker son to the deceas'd. I hope the justice of my clame will make amends for ye want of my personal solicitation in parliat. this session and I beg it may be brought on unlesse you be ordred otherwise as before. I need not excite you to act for your friend, I have experienc'd too uncommon a generosity from you to doubt it and am with a warm heart intirely yours, Signed, Ro. Hunter. Endorsed, Recd. 16th, Read 26th Nov., 1717. Holograph. 2⅓ pp. Enclosed,
112. i. Extract from Journal of Assembly of New York, 13th Sept., 1717. The Committee appointed to consider of a memorial, entitled a Memorial of several aggreivances and oppressions of H.M. subjects in the Colony of New York, reported that they are of opinion the same is a most false, malitious and scandalous paper, reflecting upon the Governour and Government and the wholl Constitution of this Colony, and of pernicious consequence. They conceive, that the thanks of this House ought to be returned H.E. for communicating the same, and that he be address'd to use his interest at the Court of Great Britain, to find the author, in order to be brought to justice, and in the mean time H.E. would please to acquaint the Indians of the five Nations, that we utterly abhor and detest that suggestion in the said paper or lybell, of reducing the Indians by force and possessing their lands, for the steadiness of those Indians to the interest of Great Britain, all the last warr with France, it is, that we owe in a great measure our present security, etc. Address ordered accordingly. Copy. 1 p. [C.O. 5, 971. Nos. 24, 24 i.; and 5, 995. pp. 360–363.]
Sept. 28.
[London.]
113. Copy of the Daily Courant, No. 4974, recording the presentation to H.M. by Mr. Secretary Addison of the Address of the Grand Jurors of New York, June, 1717, etc. Endorsed, Recd. (from Mr. Philips), Read 12th Feb., 1717/18. Printed. 2 pp. Torn. [C.O. 5, 1051. No. 53.]
Sept. 29.114. Petty expences of the Board of Trade, postage, stationery etc. from Midsummer to Michaelmas, 1717. 4 pp. [C.O. 388, 77. Nos. 32, 34, 36.]