America and West Indies
February 1718, 16-28

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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186-196

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'America and West Indies: February 1718, 16-28', Calendar of State Papers Colonial, America and West Indies, Volume 30: 1717-1718 (1930), pp. 186-196. URL: http://www.british-history.ac.uk/report.aspx?compid=74036 Date accessed: 31 October 2014.


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February 1718, 16-28

Feb. 16.
Bermuda.
384. Lt. Governor Bennett to Mr. Popple. Encloses duplicate of 3rd inst. Continues:—Eight more pirates are come in and surrendred themselves, and I daily expect a number of them from Providence in a sloop I sent thither for that purpose, and doe intreat directions concerning their pardons several being impatient to be gone. The vessel a snow called the Trial touched here from South Carolina that carrys this bound for Bristol, the master of which (Capt. Willington) assures me that the inhabitants there were very apprehensive that the Cherikees Indians in conjunction with the negros (many haveing already run away from their masters into the woods) wuld invade them, and that an embargo was expected to be laid on all vessels the day he sail'd which was on the 5th inst., etc. Signed, Ben. Bennett. Endorsed, Recd. 2nd, Read 3rd April, 1718. Holograph. 1 p. [C.O. 37, 10. No. 8.]
Feb. 17.385. Ambrose Philips to the Council of Trade and Plantations. As Agent for New York, has been repeatedly instructed to urge the confirmation of the Act of general naturalization etc. (v. 2nd Jan.) Signed, A. Philips. Endorsed, Recd. 18th, Read 19th Feb., 1717/18. 1½ pp. [C.O. 5, 1051. No. 54; and 5, 1123. pp. 516–518.]
Feb. 17.
Navy Office.
386. Commissioners of H.M. Navy to Mr. Popple. Enclose following in reply to 14th Feb. Signed, Cha. Sergison, J. Fawler, Tho. Colby, Ja. Acworth, Cha. Wager, Tho. Swanson. Endorsed, Recd. 17th, Read 18th Feb., 1717/18. Addressed. 1 p. Enclosed,
386. i. Account of præ paid for Naval Stores, imported from America, 1713, £5783 19s. 10d.; 1714, £6860 8s. 10d.; 1715, £10, 135 10s. 9d.; 1716, £27, 410 7s. 9d.; 1717, £40, 354 0s. 3d. Bought for the use of H.M. Navy; 1715, pitch 715 barrels, tar 665 barls.; 1716, pitch 75 barls.; 1717, pitch 1608 barls., tar 3773 barls. Prices: 1715, pitch £11 and £9 per ton, tar £12 and £11 per last.; 1716, pitch, £9 per ton; 1717, pitch £7 10s. and £6 10s. per ton, tar £11 10s. and £11 per last. Mem. Several tenders for Naval Stores imported from America await payment of præmiums, the proprietors not having yet brought the usual certificates from the Customs etc. 1 p. [C.O. 323, 7. Nos. 122, 122 i.; and (without enclosure) 324, 10. p. 188.]
Feb. 18.
Whitehall.
387. Mr. Popple to the Commissioners of the Navy. The Council of Trade and Plantations return thanks for preceding, and desire the like accounts annually etc. [C.O. 324, 10. p. 189.]
Feb. 18.
Whitehall.
388. Mr. Popple to Sir E. Northey. Desires his opinion in point of law upon Act of Antigua, 1716, for encouraging the importation of white servants, etc. [C.O. 153, 13. p. 217.]
[Feb. 19.]389. Sir Robert Mountgomery to the Council of Trade and Plantations. Reasons why the new-intended settlement of Azilia (v. 18th June, 1717) may be of great advantage to this Kingdom. (i.) Its situation is such that neither Spaniard nor Indian enemy can invade Carolina, or the Provinces to the northward, without passing this new barrier etc. (ii.) The commodities arising from its cultivation will be different from any now produc'd by the English Plantations, which will considerably encrease navigation and augment the Revenue of H.M. Customs. (iii.) As such commodities, olives, wine, raisins, almonds, currants etc., are now brought us from countries entirely foreign, so the advancement of this Colony wou'd produce a considerable alteration to our advantage in the general balance of our trade to the Mediterranean. (iv.) The French are eagerly advancing their interest in America, by encouraging their settlement on the Missisippi (their new named St. Louis) which will open them a free trade, thô a private one, in the Bay of Mexico, with European goods sent from France to Quibeck, and thence in flat botom'd vessells along the rivers, and lakes, behind all our Plantations, down into Missisippi; And we having no settlement on the Bay, can know little of the matter, and be ill able to hinder it any other way, than by planting a new Colony of our own, just upon them, which wou'd watch their designs, and be a check to their ambition, and encroachments. This can never be done more commodiously than under covert of the Lords Proprietors grant to Sir Robert Mountgomery, which giving liberty to extend the settlement to the utmost southern bounds of Carolina (viz.) as far as 29 degrees, the North coast of the Bay of Mexico is all within that limit, and whenever it shall be thought fit, a settlement may unexpectedly, and without noise, be made, somewhere on the river of Apalachia, or in any commodious place thereabouts, without sending any shipps at first, round the neck of Florida, but crossing by land from the freshes of Allatamaka river, whither vessells may bring any number of people, and from whence, to the place intended, the distance wou'd be very inconsiderable. (v.) The Bahama Islands, being now a place of resort for the pirates: and some late measures having been taken, to remove them by force, and plant an English Colony of honest, and industrious persons in their room, the neighbourhood of the Bahama's, and Azilia, wou'd make them mutually serviceable towards strengthening, releiving, and supporting one another. Prays for a speedy and favourable report from the Board etc. Endorsed, Recd. 19th, Read 20th Feb., 1717/18. Addressed. 1 large p. [C.O. 5, 1265. No. 91.]
Feb. 20.
Whitehall.
390. Council of Trade and Plantations to the Lords of H.M. Privy Council. We have had under consideration your Lordships' Order of the 9th instant etc. Having consulted H.M. Attorney General, we are of opinion that an Instruction will not be sufficient to empower the Governors to pardon any of the pirates that may come in upon the Proclamation, but that there must be Commissions under the Great Seal for the sevl. Governors for that purpose etc. [C.O. 324, 10. p. 190.]
Feb. 20.391. William Wood to the Council of Trade and Plantations. The Law [of Jamaica, for the effectual discovery of persons that are disaffected etc.] wch. I troubled your Lordships upon yesterday I conceive you will be of opinion ought to be rejected, especially when your Lordships are acquainted, that by gentlemen not qualifying themselves as the Act directs, and not acting to avoid the penalty therein, Sessions were not able to be held, and the Militia appear'd in the field without the greatest part of their officers in several parishes or districts of the Islands, and that to prevent so great an inconvenience new Justices and new officers were made a remedy; a case of very ill consequence considering the very few inhabitants in it, besides those who have been or are in commission; no doubt, my Lords, many refuse to qualifye themselves not out of regard only to it's being a prostitution of the Sacrament for a civil end, but also to free themselves from chargeable posts, and getting clear of doing troublesome dutys. There is not one dissenting meeting house in the country, tho' numbers of dissenters by education and principle; now if any of these will not take the Sacrament according to the usage of the Church of England, they are excluded from acting either as Justices, Military Officers, Barristers, Attorneys etc., which in effect makes the Law a sort of Schism Bill to the Island, etc. Signed, Wm. Wood. Endorsed, Recd., Read Feb. 20th, 1717/18. 2pp. [C.O. 137, 12. No. 116.]
Feb. 21.
Whitehall.
392. Earl of Sunderland to the Council of Trade and Plantations. Encloses following for their report thereon. Signed, Sunderland. Endorsed, Recd. 24th Feb., Read 3rd March, 1717/18. 1 p. Enclosed,
392. i. Memorial of Col. Richard Phillips, Governor of Placentia and Annapolis Royal, to the King. (i.) He is only Governor of Placentia, whereas there are several other settlements in Newfoundland, where, by the Act passed before there was any Governor established, the master of the first vessel that arrives for the fishing is empowered to determine disputes etc. This power does not accord with the position of a Governor now that the whole Island is surrendered to H.M. (ii.) The garrison of Placentia, according to Capt. Willis, is in a very bad state. (iii.) All the inhabitants of Nova Scotia, except the garrison of Annapolis Royal, are French to the number of 6 or 7000, who have never taken the oath of allegiance, and when the Lt. Governor summoned them to do so finally, replied that they could not do so till they saw H.M. in a position to protect them against the natives, who are very numerous and entirely devoted to France, and they ask therefore not to be obliged to take up arms, in case of a rupture, against the subjects of France or the Indians (cf. No. ii.) (iv.) The French secured the natives to their interest by yearly presents, and were rewarded by a monopoly of their fur-trade. The same means, it is believed, would gain them to ours etc. (v.) The boundaries between the French and H.M. subjects in Nova Scotia not being determined, the former are still in possession of such parts as they find most suitable for curing their fish, and continuing their trade with the Indians, to the prejudice of that of H.M. subjects, and contrary to the Articles of Surrender. (vi.) Nova Scotia is a very rich and fertile country, and the fishery surpasses that of Newfoundland, being to the southward, and therefore two or three months earlier. It only requires inhabitants to make it a very advantageous Colony to Great Britain, and it is therefore proposed that all encouragement should be given towards peopling it, and the Governor given power and instructions to that effect. (vii.) The Fort of Annapolis is in a bad state (v. enclosure.) (viii.) A frigate under his orders is absolutely necessary for the Governor of these two countries. (ix.) In case of H.M. granting lands in these parts, the fishery and the Capes and the right of curing fish wherever found most suitable, should be reserved for the common use of H.M. subjects. French. 2½ pp.
392. ii. Lt. Governor Doucett to [? Governor Phillips]. Annapolis Royal, Nov. 5, 1717. I arrived here 23 Oct. etc., concern'd to find a fort almost demolisht, and the men within continually in mutiny for their pay. I told them H.M. had been acquainted with their complaints, and that in the spring they would be redresst. However the commanding officer of each company keeps the men's arm's, and deliver's them out as they mount guard etc. As to their cloaths, they are indifferently well etc. As to arm's they must have an intire new sett, these not being fitt for service, I don't find one bayonett or sword in the Garrison etc.; allso a chyrurgeon's chest, severall of the men rotting with a certain distemper that requires phisick. I am desired by all the Gentlemen of the garrison to congratulate yr. Excellency, and to recommend to your care our Chaplain Mr. Harrison, and two cadett's that have served here some time, vizt. Mr. Hugh Campbell and Mr. John Broadstreet. I here send you a paper inclos'd, that I summons'd the French inhabitants to signe, etc., (v. preceding), with a coppy of their answer, having sent two originals, one to the Secretary of State, and one to the Secretary of War. I allso send you a coppy of a Placart, I have put up, concerning all vessell's that sail from hence, which I hope you will approve on, for before they took no more notice of a Governor here; then a person that was under the direction of a Collector, here is allso a return of the Garrison etc. Signed, John Doucett. 2 pp. [C.O. 217, 2. Nos. 37, 37 i.; and (without enclosures) 218, i. p. 339.]
Feb. 21.
Whitehall.
393. The Earl of Sunderland to the Council of Trade and Plantations. Encloses following. You are to lay the same before the House etc. Signed, Sunderland. Endorsed, Recd. Read 21st Feb., 1717/18. 1 p. Enclosed,
393. i. Address of the House of Commons to the King, praying that all papers from the Plantations, with the orders given thereupon, relating to the pirates in the West Indies since the last peace may be laid before the House. 20th Feb., 1717(18). Copy. ½ p. [C.O. 323, 7. Nos. 123, 123 i.; and (covering letter only) 324, 10. p. 191.]
Feb. 21.394. Mr. Burchett to Mr. Popple. H.M.S. the Dragon, Capt. Thomas Scott, and the Rye, Capt. Thomas Whorwood are design'd convoy to Newfoundland, Capt. Scott being the Comadore etc. Asks for heads of enquiry etc. as usual. My Lords Commrs. of the Admiralty having, at the requests of the merchants, planters etc. of Biddeford etc. order'd the Rye to proceed before the Dragon, so as to be at the harbour of Trepassy by the middle of April next at farthest, that so she may protect there trade there, and at the ports thereabouts, until the Dragon arrives, asks for any particular Instructions for Capt. Whorwood etc. Signed, J. Burchett. Endorsed, Recd. 22nd, Read 24th Feb., 1717/18. Addressed. 1 p. [C.O. 194, 6. No. 38; and 195, 6. pp. 369, 370.]
Feb. 21.
Whitehal.
395. Council of Trade and Plantations to Lt. Governor Spotswood. Enclose Order in Council, Feb. 13th, repealing two Acts, to be publish'd and enter'd in the Council Books as usual. [C.O. 5, 1365. p. 51.]
Feb. 23.396. M. le Marquis de Wignacourt to Mr. Docminique, one of the Commissioners for Trade and Plantations. In the absence of Capt. Coram in France, urges the demand for a settlement of disbanded soldiers (cf. 20th Dec., 1717), and concludes as following. Signed, Le Marquis de Wignacourt Franconville. Endorsed, Recd. Read 24th Feb., 1717/18. French. 4 pp. [C.O. 5, 866. No. 136.]
Feb. 21.397. Marquis de Wignacourt and others to the Council of Trade and Plantations. Petitioners allege the land desired for settlement between Maine and Nova Scotia, was lost to the French, and that the Crown by conquest has reinvested itselfe of a just right and title to it. Propose that the Board shall examine the conquest and instruct General Nicholson to lay before them the extent of the French and English conquests as they appear'd to him in 1710. Signed, Le Marquis de Wignacourt franconville Dujary, Daniel Pelisson, William Birkhead. Endorsed, Recd. 21st, Read 24th Feb., 1717/18. 1 p. [C.O. 5, 866. No. 138; and 5, 915. pp. 87, 88.]
Feb. 24.398. Mr. Byrd to the Council of Trade and Plantations. Haveing been convine't by the Attorney Genll's opinion (v. Dec. 24, 1717), that H.M. Governour of Virginia hath power by the Royal Instruction to appoint Courts of Oyer and Terminer etc., refers to his petition and the Order in Council, (2nd Feb.), and prays for an early and favourable report thereupon etc. Signed, W. Byrd. Endorsed, Recd. 24th, Read 27th Feb., 1717/18. 1 p. [C.O. 5, 1365. No. 45.]
Feb. 24.399. Address of the Representatives and Inhabitants of South Carolina to the King. A repetition of Address printed, C.S.P. 1716, Nov. 30th. Signed, Geo. Logan, Speaker; David Durham, Tho. Summers, Thomas Lynch, Richd. Harris, John Godfry, Arthur Hall, John Woodward, John Russ, Ra. Izard, William Gibbon, Wa. Izard, John Williams, Thomas Satur, Hugh Hext, Richard Butler, Thos. Townsend, Benja. de la Conseillere, Charles Hill, Jonth. Drake, Thomas Waring, Jno. Beamor, Roger Moore, Ja. Cochran, Members of the House of Commons; and likewise by the rest of the inhabitants, (526 signatures). Copy, certified by Johannes Croft, Notar Pubcus. Endorsed, To be sent to the Proprietors of Carolina. One large p. Torn. [C.O. 5, 382. No. 19.]
Feb. 24.
Whitehall.
400. List of papers, copied for the House of Commons, relating to pirates. (v. Feb. 21st). [C.O. 324, 10. pp. 250–260.]
Feb. 25.
Whitehall.
401. Mr. Popple to Mr. Attorney General. The Council of Trade and Plantations desire you to give them a draught of such alterations in the Act of New York for a general naturalization as you may think proper to be recommended to Brigr. Hunter to be passed into a new law. (v. 2nd Jan.) [C.O. 5, 1123. pp. 518, 519.]
Feb. 25.
Whitehall.
402. Council of Trade and Plantations to Governor Hunter. Abstract. Acknowledge letters. Are satisfied with what he writes relating to Mr. Lodwick's memorial. The bills which he says he drew for the building of forts by her late Majesty's order are still outstanding, because the orders for drawing them have not been communicated to the Treasury. Ask for authentick copies of said orders and accounts of what has been done. The observance of the Proclamation and Act for settling the rates of foreign coins in the Plantations is of such consequence to the general welfare, that it must not be neglected. They therefore desire to be informed which are the neighbouring Governments to which he refers as not observing them, and by what methods they evade them. They have some objections (v. encl. i.) to the Revenue Act, particularly that it affects the trade and navigation of this Kingdom, but would not propose its repeal, because he says that would ruin the trade of the Province; he must therefore move the Assembly to pass a new act not liable to the said objections. Otherwise they will be obliged to lay this act before H.M. for disallowance, for no acts are to be passed in the Plantations whereby the shipping and navigation of this Kingdom are affected, according to the Additional Instruction of 27th Sept. last. They have the like objections, also enclosed, to the Act to oblige all vessels trading to their Colony to pay duty etc., and for the same reasons desire him to get a new act passed, not liable thereto. Enclose Attorney General's objections to act for shortening lawsuits, showing the necessity of getting another act passed etc. Remind him of his Instructions, and that he be very particular in his remarks and explanations of acts transmitted to them. Will consider what he writes of the failure in making tar etc., and in the mean time desire an account of what number of Palatines remain and where, how they are employed and in what manner they might be made more useful to that Province and this Kingdom. He will receive all the assistance he can give on account of his disbursements for those people, but it has not been possible to do anything in that matter this session of Parliament. They cannot find in his Commission that the whale-fishery is reserved to him, as he intimates in his letter of 22nd Nov. Request him to explain and to send a full answer to Mulford's petition, together with a return of the whale-fishery and dues paid thereon. They hope he gives all due encouragement to that trade. Quote from their report 13th Feb. Commissions are preparing to enable him to try pirates at New York. Will recommend Mr. Harrison for the Council on the first vacancy. Ask for accounts of imports from Madeira and the Western Islands, and for information of French activity on the Mississippi, and for report on the best method of preventing the evil effects of their securing and communicating with their settlements in Canada, etc., as No. 334. Set out, N.Y. Col. Docs. v. 500. Annexed,
402. i. Some queries as to the duties imposed by the Acts of New York for the support of the Government, 1715, and laying a duty upon trading vessels, 1716. [C.O. 5, 1123. pp. 519–529; and (corrected draft) 5, 1079. No. 98.]
Feb. 25.
St. James's.
403. H.M. Warrant for a Commission to Governor Sir N. Lawes, the Council of Jamaica, the Chief Justice, the Judge of the Vice-Admiralty, the Captains and Commanders of H.M. ships of war within the Admiralty jurisdiction of Jamaica, the Receiver-General and Secretary of Jamaica, H.M. SurveyorsGeneral of the Customs in America, Collectors of Customs in Jamaica, to be Commissioners for trying pirates at Jamaica according to the Act, 11th K. William III. for the more effectual suppression of piracy etc., with the same powers and directions as were contained in the Commission granted by King William in the 12th year of his reign to Sir Wm. Beeston etc. Countersigned, J. Addison. [C.O. 324, 33. pp. 132–134.]
Feb. 25.
St. James's.
404. H.M. Warrant for similar Commission for trying pirates at the Bermuda Islands to Lt.-Governor Bennet, the Council, Chief Justice, Judge of the Vice-Admiralty, Captains and Commanders of H.M. ships, Secretary and Receiver-General of Bermuda, Surveyors-General of Customs and Collectors in Bermuda etc. as preceding. Countersigned, J. Addison. [C.O. 324, 33. pp. 135–137.]
Feb. 25.
St. James's.
405. H.M. Warrants for similar Commissions to the Governor etc. for trying pirates at the Bahama Islands, the Leeward Islands, Barbados and the Windward Islands, Virginia, Carolina and Maryland, New York, New Jersey, Pennsylvania and Connecticut, Massachusets Bay, New Hampshire and Rhode Island, Newfoundland and Nova Scotia. All countersigned as preceding. [C.O. 324, 33. pp. 137–159.]
Feb. 27.
Virginia.
406. Lt.–Governor Spotswood to the Council of Trade and Plantations. Acknowledges letters received on return from New York etc. Continues:—Before I enter upon answering the particulars in those letters, I beg leave to give yor. Lordps. a brief account of my negotiations to the northward. As that progress was intended to concert with the neighbouring Governours, proper measures for guarding these Governments against the incursions of the Five Nations, I found both the Governour of Maryland and Pensilvania entirely of the same opinion with me that there could not be a more proper season to bring those Indians to reasonable terms than now, while the Peace subsisted between H.M. and the Crown of France, and consequently that we were not under the necessity of counting their friendship; they also agreed that it was necessary to demand something more substantial than the bare promises of the chief men of those Indians, which they are always very liberal of, in expectation of presents from the English, while at the same time their young men are committing their usual depredations upon the frontiers of these Southern Governments. In order therefore to obtain this security we thought it necessary to offer certain preliminarys, without which we judged any further Treatys with those Indians would be in vain; but as Brigadeer Hunter could not be spared from his New York Assembly (which was then sitting) and the ill state of health, in which Collo. Hart left his family obliged him to return home; the transacting of this part fell to my share, and I thought I could not imploy my time more agreeable to H.M. service than by a personal interview wth. Brigadier Hunter to know his sentiments. I arrived at New York very opportunely to prevent the march of a great body of those Indians, which I had advice on the road, was intended chiefly agst. the Tributarys of this Country, and the Governor of New York's Messengers overtook them upon their march and obtained their promise to abstain from any hostilitys on the English Governmts. As to the principal occasion of my journey, the Assembly of New York being in the height of their business, and like to make a longer session than ordinary, and withall the season of the year being so far advanced, as not to admitt of an interview with the Sachems of the Five Nations during my stay there; all that could be done was to leave the preliminarys to be communicated to them by the Governour of New York who has engaged to obtain their answer sometime this Spring; upon the return whereof I shall be able more fully to communicate to your Lordps. what is the sense of these Southern Governments with relation to the five Nations, and what measures are necessary to be taken for securing H.M. subjects here against the dangers which threaten them from that quarter. In obedience to H.M. commands etc. I have issued a proclamation forbidding all trade and commerce contrary to the said Treaty of Neutrality etc.; Soon after, having reciev'd advice that a Bermuda sloop had imported here a considerable quantity of French sugar, I caused her to be siezed, and brought to a trial before the Court of Admiralty; upon the trial the Master alledged he purchased the sugar of a Frenchman at one of the Salt Islands, not belonging to the French King; but tho the Judge of this Court thought fitt to discharge the siezure, in regard the Master was ignorant of the Treaty of Neutrality when the sugar was taken on board and imported here, yet he declared he would for the future condemn every vessell importing any the produce of the French settlemts. This declaration, I hope, will have it's effect, to deterr people from that illegal trade, tho' it must be own'd that were the power of Judicature in maritime affairs in the hands of any other person, it would be difficult to obtain such a sentence, it being the common opinion here that the Treatys of Sovereigns do not bind the subjects unless confirm'd by Act of Parliament, and consequently that no man ought to forfiet his vessell or goods for what is not made a crime by any law: 'Tis in vain to argue that the prerogative of the Crown in making Treatys and Alliances being part of the Common Law of the land, there must naturally be the same power in the Crown to punish the infringers of such Treatys: such reasoning will not prevail here. It might therefore be of service to H.M. and usefull to the quiett of this Country, in undecieving the ignorant and convincing the obstinate if when such new cases as this of confiscating ship and goods for the breach of a Treaty, which does not appear at first sight to be an offence against any Statute Law, your Lordsps. would be pleased to send together with H.M. directions the opinion of some eminent lawyers on the point, it being certain that tho' a Governor is sincerely convinced that all the orders he recieves from the Crown are founded on reason and justice, yet he acts under a very great disadvantage, if he is not able to answer all the impertinent queries that are put to him on such an occasion. Immediatly upon the reciept of H.M. Order in Council I issued a proclamation for repealing both the Indian and Tobacco laws; but as the Countrey are almost generally sensible of the loss of the tobacco law, so the Government found itself no less embarrass'd by the repeal of the Indian Law: the forreign Indians had been brought to so good a correspondence with this government by the commerce established between them and the late Company, that it was judged dangerous to discontinue that trade, because of the jealousys it might naturally create in the minds of that suspicious people; and the fort of Christanna has been found so usefull to the security both of the Tributarys settled there, and of the English settlements on that frontier, that the slighting thereof would have proved of ill consequence besides that the Indian hostages being kept there at the expence of the late Company, it would have been dangerous either to have sent them back or to have removed them to any other place, where their parents could not so easily resort to see them. Upon these considerations, the Council unanimously agreed to desire the late Compa. to continue their commerce, and to keep up the fort and garrison till the meeting of an Assembly, which accordingly is appointed to be held the 23rd of Aprill. What measures they will take therein or in compliance with H.M. commands for reimbursing the reasonable expence of that Company on the publick service, or regulating the Indian Trade, must be left to time. As I have constantly treated the Gentlemen of the Council with that freedom and openness which becomes one that has no other view than promoting H.M. service, nor no other aim in representing to your Lordsps. their behaviour than to remove unreasonable scruples, I communicated to that Board your Lordps. opinion upon the distinctions they make of themselves as Councillors and as the upper House of Assembly, and upon their refusing their advice as Councillors in matters of law, under pretence of their being Judges of the Generall Court, it was some surprize to me to find some of those gentlemen deny the facts, untill the particular instances were quoted and acknowledged by others; but altho' they had then nothing to object against what I had represented to yor. Lordps. on both those heads; yet the common practice of sending partial representations to your Lordsps. whenever they find it necessary to justify themselves by concealing the truth, gives me ground to suspect that the same persons who have introduced this distinction will not rest satisfyed in yor. Lordps. determination, nor in the conviction of the truth of what I have charged them with, but will still endeavour by false glosses to colour over a practice as unjust in itself as 'tis prejudicial to the King's service: And therefore if they or their Agent Mr. Byrd should deny at yor. Lordps. Board their making any such distinctions as I have mentioned, I begg yor. Lordps. will be pleased to have recourse to the Council Journal the 20th June, 1706, upon their advising Coll. Nott to the passing the Body of Laws prepared by that Assembly, and to the Journal of the Council the 24th Dec., 1714, on occasion of continuing the Act for the defence of the Countrey in times of danger, as a proof of the first of those distinctions; And to the Council Journal of the 25th of Oct., 1715, upon a question put to them whether there was any law of this countrey directing Justices of the Peace to levy the allowance for the Burgesses, as a proof of the second distinction. There are other instances since to the same purpose, tho' not inserted in the Journals, because I would avoid new contests, it being strenuously insisted on that the Council were not bound to enter any reason for their opinion, in the Journals, etc. Refers to enclosed accounts. Will send account of auditing and return the old seal by the next opportunity. Will lay H.M. Instruction concerning the passing of laws before the next Assembly, etc. Signed, A. Spotswood. Endorsed, Recd. 15th, Read 20th May, 1718. 6½ pp. Enclosed,
406. i. Account of H.M. Revenue of 2s. per hhd. in Virginia, 25th April-25th Oct., 1717. Receipts, £3,287 1s. 1¼d. Expenditure, £3,862 17s. 1¼d. Signed, J. Roscow, Recr. Genll., John Grymes, Depty. Auditor, A. Spotswood. Endorsed as preceding. 1¾ pp. [C.O. 5, 1318. Nos. 46, 46 i.; and (without enclosure) 5, 1365. pp. 58–61.]
Feb. 28.
Whitehall.
407. Mr. Popple to Mr. Carkesse. Encloses Copy of Mr. Cumings' letter, 28th Jan., to be laid before the Cmmrs. of H.M. Customs. The Council of Trade and Plantations desire their opinion of the expediency of what Mr. Cumings proposes therein, as soon as may be convenient. [C.O. 5, 915. p. 89.]