America and West Indies
April 1718

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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227-242

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'America and West Indies: April 1718', Calendar of State Papers Colonial, America and West Indies, Volume 30: 1717-1718 (1930), pp. 227-242. URL: http://www.british-history.ac.uk/report.aspx?compid=74039 Date accessed: 02 September 2014.


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Contents

April 1718

April 1.
Whitehall.
475. Mr. Popple to Sir Edwd. Northey. Enquires for report on Sir R. Montgomery's business, asks for return of the Carolina Charter and replies to No. 451 etc. [C.O. 5, 1293. p. 143.]
April 1.476. Questions to Mr. Barwick. Suggesting that he had embezzeled sums from the casual revenue of Barbados. No signature. Inscribed, This paper given to Mr. Horatio Walpool. 4 pp. [C.O. 28, 15. No. 50.]
[April 1.]477. Nathaniel Wickham, Dor. in Phisick, to the Council of Trade and Plantations. Prays that the suspension of Thomas Morris may not be confirmed before petitioner with the depositions which have already arrived has been heard on his behalf etc. (v. 8th Feb.) Signed, N. Wickham. Endorsed, Recd. 1st, Read 3rd April, 1718. 1 p. [C.O. 152, 12. No. 72.]
April 1.478. Mr. Solicitor-General to Mr. Popple. Reply to March 28th. If the oyle or produce of such whales is to be imported into England, etc. it is particularly allowed of and provided for by the 25th of Car. 2nd cap. the 7th, and though there are general words giving a liberty to all H.M. subjects of England and Wales to use and exercise all other trades to and from Greenland and those parts and to import (generally) the oyle etc. in English shipps yett this Act seemes to mean the importacon to England onely and to have it take in this practice of fishing and importing it to New York would be a construccon not to be warranted unless by a very favourable regard to the fishing trade it should be so extended the 2nd and 3rd of Edward the 6th cap. 6th makes the pretended licenses granted by the Admiral or any officer under the Admirall penal, and this Act relates only to voyages from England etc. so that if licenses for whale fishing paying such reasonable proportion as the 20th part on importacon are warranted at New York by any Act of Assembly there or other authentick order of the Governour and Counsel it may be binding to the inhabitants there but I do not apprehend that it will be binding to other H.M. subjects. Signed, Wm. Thomson. Endorsed, Recd., Read April 1st, 1718. 1½ pp. [C.O. 5, 1051. No. 61; and 5, 1124. pp. 13, 14.]
April 1.479. Copy of Governor Hunter's Commission of ViceAdmiralty, 26th Aug., 1715. Endorsed, Recd. 7th March, Read 1st April, 1718. Latin. 11pp. [C.O. 5, 1051.No. 63.]
April 2.
Whitehall.
480. Council of Trade and Plantations to Mr. Secretary Craggs. Representation upon the petitions of Anne Low, John Boreland, John Plowman and Robert Shardo. Mrs. Low having quited her pretensions to a Patent for [the sole curing of sturgeon in North America], we shall represent to H.M. onely what appears to us upon the two latter petitions. Quote petitions and evidence, v. Jan. 23 etc. It appeared to us that Mr. Boreland hath engaged himself in the trade of catching and curing sturgeon in New England, etc. He hath not yet imported any, but is in expectation of having some very soon. Plowman and Shard did not make appear to us the pains and expence they had been at as set forth in their petition, but alledged that they had already received from New England one cagg of sturgeon cured after the new manner from a person employed by them, and that this was as good as any that comes from Hamburgh or the East Country. It appear'd to us that this sturgeon was in a New England cask, but we had some reason to suspect it was put into that cask at Hamburgh or elsewhere, not at New England, they also did not prove to us that any person was or had been employed by them in New England in catching and curing of sturgeon. Quote Memorial of Jan. 23. Upon the whole, since the sturgeon of North America as cured at present is allowed to be of little or no value, but if well cured, might be equal in goodness with that of Hamburgh or of the East Country, and that the importing the same from our own Plantations will be of advantage to Great Britain, we are of opinion that H.M. may be graciously pleased to grant a Patent to some person, the better to enable him to carry on this trade and bring it to perfection. Mr. Boreland desires a Patent onely for eight years, and will be contented to have it determine in four, if within that time he does not import sturgeon from North America, as good as what comes from Hamburgh, and the East Country, and as he has been the first undertaker, and hath been at an expence to discover the true method of curing sturgeon, and seems best prepared to carry on this trade, we have no objection why H.M. may not be graciously pleased to grant him a patent for the sole importing of cured sturgeon from North America into Great Britain for the term of eight years, revokable at the end of the first four years, or within 3 months after, absolutely at H.M. will and pleasure; H.M. at the same time declaring his intention to make use of the said power of revokation onely in case that Boreland shall not within the said four years import sturgeon from North America as good as that from Hamburgh or the East Country. This we desire you will lay before H.M. etc. Autograph signatures. 6 pp. [C.O. 5, 4. No. 20; and 5, 915. pp. 105–111.]
April 2.
Bethnall Green.
481. Col. Joseph Jory to Mr. Popple. Refers to Solicitor General's report upon two Acts of Nevis (v. 28th March), and prays that they may be confirmed. Signed, Jos. Jory. Endorsed, Recd 3rd April, Read 16th May, 1718. Addressed. ¼ p. [C.O. 152, 12. No. 83.]
April 3.
Whitehall.
482. Mr. Popple to Lord A. Hamilton. Returns several papers relating to Jamaica. Continues:—As to your Lordp's. desire of having a copy of ye Representation of this Board upon ye petition of Mr. Diharce, I spoke to the Board of it again, and they think they cannot breake ye rule that has always been observ'd here, that is not to give any copies of their reports before H.M. pleasure be known upon them, however they are willing your Lordship should have a sight of it, if your Lordship desires it. [C.O. 138, 16. pp. 103, 104.]
April 3.
Westminster.
483. Copy of a Commission for trying pirates at Jamaica. Countersigned, Wrighte. Endorsed, Recd. April 29th, 1718, Primer'd May 5, 1719. 9 pp. [C.O. 137, 13. No. 25; and 138, 16. pp. 169–179.]
April 3.484. Council of Trade and Plantations to the Earl of Sunderland. Refer to application to the Lord Chamberlain for two additional rooms (sic. v. 9th Jan.). Conclude:— But having since consider'd that this would be a work both of time and expence, and being dayly sencible of ye great confusion our papers are in for want of room, to dispose them in proper order, we must entreat your Lordship to move H.M., that we may have those lodgins joining to our Office, at prest. in the possession of one Mr. Colledge, who may easily be accomodated elsewhere etc. [C.O. 389, 37. pp. 148, 149.]
April 3.
Whitehall.
485. Council of Trade and Plantations to Mr. Secretary Craggs. Enclose extract of Lt. Governor Bennett's letter of 16th Feb. and remind him of what they wrote 27th March. [C.O. 38, 7. pp. 340, 341.]
April 3.
Whitehall.
486. Mr. Popple to Richd. Shelton. Encloses extract from Lt. Governor Bennett's letter, 16th Feb., relating to the apprehension of a new invasion of Carolina. Continues:— The Council of Trade and Plantations desire to know what their Lordships [the Proprietors] have done or intend to do towards the security of that Province. [C.O. 5, 1293. p. 144.]
April 4.
Whitehall.
487. Council of Trade and Plantations to Governor Hamilton. Acknowledge letters of 7th Oct., 1717, and 6th Jan., 1718. Continue:— We take notice of what you write, in relation to your dismissing. Mr. Crooke, and are willing to believe you had good reasons for so doing; the affidavits you have sent us upon that subject, will be of use if any complaint should be offered in behalf of Mr. Crooke. We thank you for the account you give us of the Virgin Islands; What you propose about setling at St. Cruz all the poor people who are now dispersed in those Islands might be right, if it was not intended to settle them in the French part of St. Christophers where they will be more to their own advantage and be much more usefull to the publick. We have expressed our thoughts on this head so fully and so strongly in several former lrs. to you, that we need only refer you to those letters, and earnestly to recommend to you to observe the directions contained in them; You will therefore use your best endeavours to dispose the inhabitants of Spanish Town and of Tortola, who have petitioned you for leave to settle on St. Cruz to wait patiently where they are, till they can be setled on St. Christophers, which we hope may be soon. We shall expect to hear what answer the Danish Governor of St. Thomas gave to the message you sent him by Capt. Marshall. Refer to their references of request for man of war (v. 6th Jan. and 11th March). Continue:—But tho' what you desired, might then seem to us very proper, we hope it will not be necessary now, since we have been informed that some of the chief, as well as others, of the pirates, which were on the Island of Providence have surrendered themselves upon H.M. promise of pardon, and that there was reason to expect the rest of the pirates in those parts would soon follow that good example. We have lately had under our consideration, an Act passed at Antigua in June, 1716, to prohibit the importation of foreign sugars etc.; We do not find that any other, of H.M. Plantations has gone so far as absolutely to prohibit, tho' some of them have laid duties on the importation of such foreign commodities, and some reasons have been offered to us to show that such a prohibition may be attended with ill consequences; However we have been willing to suspend our final judgment concerning this Act, till we receive from you a particular account, which we desire to have as soon as possible, how far such an Act was really necessary, as is set forth in the preamble of it, and what effect it has hitherto had. But should the reasons in general for such an Act be never so strong, yet the present Act is not fit to be continued, upon account of some objections against it contained in the inclosed paper, and therefore if the Assembly of Antegoa persist in their reasons for prohibiting all the aforesaid foreign commodities, you must recommend to them to pass another Act for that purpose, not liable to such objections, otherwise we shall lay this Act before H.M. to be repealed. We think it proper on this occasion to remind you of that part of your Instructions, whereby you are directed to send us your observations upon all the Acts you transmit to us, and your reasons for passing such Acts, the neglecting to do it may be very prejudicial to H.M. service, as well as to the Islands under your Governmt., and therefore we hope you will be very carefull and exact in the doing it for the future; The Agent for Nevis has brought us two Acts lately passed in that Island, for laying a duty of French sugars etc., and for the good government of negroes etc.; but we have no account from you concerning them. We have received your letter of 8th Feb., and shall answer it by the next opportunity. [C.O. 153, 13. pp. 278–282.]
April 4.
Whitehall.
488. Mr. Popple to Governor Sir Nicholas Lawes. In reply to March 7th, their Lordships do expect upon your arrival in Jamaica you would get ye best information you can in relation to the Act for ye effectual discovery of all persons that are disaffected to H.M. etc. and let their Lordps. have your thoughts thereupon as fully as may be, in order to their laying the same before H.M. for his pleasure thereupon, the Act remaining at present in suspence. Encloses Orders in Council of 9th Feb., confirming 4 and repealing 9 Acts of Jamaica, which their Lordships desire you would have publish'd and enter'd in the Council Books in the usual form. In answer to what you mention about ye Act which provides for paying people's passages to Jamaica etc., I am commanded to acquaint you that the first objections their Lordps. had against the Acts for ye encouragement of white people were contain'd in ye memorial you presented ye 29th Augt. last; those objections appeared to their Lordps. so strong that they thought fitt to lay the said laws before H.M. for his disallowance; their Lordps. conceive that the Acts of 1703 and 1712 being still in force the repeal of this Act cannot be of yt. consequence which you seem to apprehend. However should the two abovemention'd Acts appear not to be sufficient for ye encouragement of white people, it will be right for you to endeavour to get a new Law past not liable to the objections made to these, which have been repealed. But then you must take care that no temporary Law do repeal a perpetual one and particularly that no Act repeal a perpetual Act confirmed, without H.M. leave, or a clause declaring the said Act not to be in force till H.M. pleasure be known. What you write in relation to the fees demanded in the Council Office is not properly before my Lords Commrs. for Trade and Plantations and tho their Lordps. have received ye Orders here inclosed the Council Office will expect their legal fees from ye Island. However they observe from this ye necessity there is of having an Agent or Agents sufficiently instructed and impower'd to transact ye business here for Jamaica, as is done in ye other Plantns., but even in this case you must take care yt. such Agent or Agents be not dependant wholly upon ye Assembly but upon ye Govr., Council and Assembly, their Lordps. do think ye appointing of an Agent so necessary yt. they do recommend it to you. [C.O. 138, 16. pp. 105–110.]
April 5.489. Mr. Solicitor General to Mr. Popple. Reply to 26th (=27th) March. As the Lawe menconed by Coll. Rhett (20th March) laying a duty of 10 p.c. upon British goods seemes very extravagant and may be reasonably supposed to be attended with the consequences he mentions I think it may be truly said not to be consonant to reason and as this duty is so heavy it may prove to be such a burthen to trade as to be in effect a prohibition of it to the British subjects which is by no meanes agreeable to the Laws of Britain. I therefore humbly apprehend that the power of making lawes by the Charter to the Proprietors is in this instance exceeded. It would be too tedious and too expensive for every particular trader to contest the payment of the duty there upon the supposed in validity of the Act as being unreasonable and if determined against them there to appeal to the King in Council. But if the merchants find themselves aggreived I presume they will complaine and then upon a peticon to the King the Proprietors will be heard and if they do not consent to remedy the grievances a prosecucon may be ordered against them and their Charter. Nor will the complaint be improper in Parliament. Signed, Wm. Thomson. Endorsed, Recd. 7th, Read 8th April, 1718. 1½ pp. [C.O. 5, 1265. No. 96.]
April 9.
Whitehall.
490. Mr. Secretary Craggs to the Governor of Barbadoes. H.M. having receiv'd information, that John Brinsden of Speights Town in the Island of Barbadoes has been killd in a duel by Joseph Milles of the same town, has commanded me to signifie His pleasure to you, that in case the said Joseph Milles hath been, or shall be upon his tryal found guilty of the murther of the said Brinsden, you do suspend the execution of the sentence, that hath been or shall be passed upon him for the same untill you shall have given H.M. an account how the fact appeared upon the said Milles's trial, and thereupon receive H.M. further directions in that matter. Signed, J. Craggs. [C.O. 324, 33. p. 163.]
April 9.491. The case for Thomas Morris (v. 1st April and 8th Feb.). No signature. Endorsed, Recd., Read 9th April, 1718. 1½ pp. [C.O. 152, 12. No. 76.]
[April 9.]492. James Blew to the Council of Trade and Plantations. Caveat against an Act of New York, Dec., 1717, for paying several debts due from this Collony. The merchants of London trading to New York desire to be heard, in behalf of themselves and their friends residing in the said Colony, against the said bill etc. Signed, James Blew. Endorsed, Recd. 9th, Read 22nd April, 1718. 1 p. [C.O. 5, 1051. No. 65.]
April 9.
Whitehall.
493. Council of Trade and Plantations to the King. Reply to 9th Feb. We have discoursed with Sir Robert Montgomery and have seen a lease and release from the Lords Proprietors [of Carolina] to Sr. Robert. Quote opinion of Sir E. Northey, late Attorney General, thereupon, v. 22nd March. Continue:—Upon which we take leave to represent to your Majesty, that we do believe the proposed settlement, would be of advantage to Carolina and might defend ye Plantatns. on that Continent against the incursions of the Indians. But as we find great inconveniencies have arisen and daily do arise from the Propietary and Charter Governmts. in America, and particularly in that, several of them are not obliged to lay their laws before your Majesty for your Royal approbation or disallowance by which means several laws have been made in Proprietary Governmts. prejudicial to the trading intrest of this Kingdom, and of the other Plantations under your Majesty's immediate Govt., we would humbly propose that the Lords Proprietors of Carolina should surrender their powers of Govt. to your Majty. in the places intended to be erected into a new Province, reserving to themselves ye property of the lands there only, and then your Majty. may constitute such a form of Governmt. there, as to your great wisdom shall seem most convenient and appoint the said Robt. Montgomery to be Govr. thereof during good behavior, he being a person of a very fair character, well affected to your Majesty's Govt. and as we are informed every way qualify'd for such an undertaking. [C.O. 5, 1293. pp. 145–147.]
April 10.
Antigua.
494. Governor Hamilton to the Council of Trade and Plantations. Begins with duplicate of 15th March. Continues:—Since the foregoing I returned to this Island where soon after my arrival I received a letter from one Mr. John Phillip a subject of our Royal Master but at present an inhabitant upon the Island of St. Thomas, giving me an account that the Danish Governour of that Island has begun a settlement upon the Island of St. John, notwithstanding I had forbid him when I was to visit the Virgin Islands either to settle or so much as to cut timber off of any the Islands belonging to the King of Great Brittain; Upon which I called the Council of this Island to advise with. Refers to enclosures. Continues:—Shall inform your Lordships with their answers by first opertunity for H.M. commands etc. Should the Danes persist, it would not be very difficult to rout them out of St. Thomas itself etc. Signed, W. Hamilton. Endorsed, Recd. 25th, Read 26th June, 1718. 2 large pp. Enclosed,
494. i. Minutes of Council of Antigua, 31st March, 1718. H. E. communicated to the Council a letter he had received from Mr. John Philips, dated at Saint Thomas 29th Mart, N.S., 1718, informing H.E. of the Novo Danish Settlement upon the Island of Saint Johns, and that publication for setling the same was published on the 23rd of Mart. and that upon the 24th the Governour set out for Saint Johns, with one sloop, and three twomast boats with about 20 of the inhabitants 8 soldiers and 24 negroes and that upon the 25th he took possession of it, hoisted the Danish flag and fixed sundry great guns, and upon the 27th returned, and all the people save the soldiers and negroes who are actually there at present, and imployed in building a fort there. 8 Articles of the Settlement included the provisions that all servants or overseers shall not be English or Spaniards unless naturalized Danish, or have been in the Danish service some years, and that they obey Axen Dalle or his successor as their Commander, etc. That the people inquired of the Governour against whom they were to defend the Island, that they told him in case H.E. should send down a sloop, and take their negroes from them who would repay their loss, they knowing the English pretention to Saint Johns, that he answered them that he had the Company's order to settle it, and he would settle it for the Company's if they would not, and that the English had always alledged the Island of Saint Thomas but that there was nothing in it, that the people were all afraid until they should know H.E.'s resolution. The which being considered H.E. also communicated several paragraphs of his Instructions relating to Saint Thomas and other the Virgin Islands and desired the opinion of the Lt. Governor and Council who were unanimously of opinion that H.E. should immediately dispatch some vessel with a message in writing by one of the Officers of H.M. troops to the Governour in Saint Thomas in which he should assert H.M. right to the Island of Saint Johns, and therein acquaint him of the information he has of the Settlement that is now making thereon by the Danes, and to forbid their setling on that Island as belonging to the King of Great Britain, and that in case they persist therein that he would proceed according to his Instructions relating thereto in order to preserve the said Island for H.M. and obstruct their Settlement, and that H.E. would be pleased to acquaint the Secretary of State and the Lords of Trade with his proceddings therein. A true copy. Signed, Cha. Hedges. Same endorsement. 2⅓ pp.
494. ii. Governor Hamilton to the Governour in St. Thomas. Antigua, April 5th, 1718. Being informed that you have taken possession of the Island of St. Johns one of the Virgin Islands on behalf of H.M. the King of Denmark, and that you had there hoisted his flag, and are now erecting a fortification thereon in order to settle the same for H.M. the said King, I send this by Captain Hume of H.M.S. the Scarborough to make known to you that the said Island of Saint Johns, with all other the Virgin Islands is the right of my Royal Master the King of Great Britain, on whose behalf the said Capt. Hume will acquaint you that you are not on any terms to proceed on the setling of the said Island, which I assure myself you will not refuse to comply with for your cannot but know that the King of Denmarke has no good title even to St. Thomas itself; so that if you insist on setling or keeping possession of the said Island of St. Johns for H.M. of Denmarke it will oblige me to take such other measures as are agreable to my Instructions in order to obstruct your Settlement, and to preserve the sovereignty of that and the other Islands within my Government for my said Royal Master. Signed, W. Hamilton. Same endorsement. Copy. 1 p.
494. iii. Governor Hamilton to the Governour of Porto Rico. Antigua, April 5th, 1718. The attacking and killing some as well as the taking seizing and carying away others of the subjects of the King my Master with their goods and effects from Crabb Island with an armed force from the Island under your command is so contrary to the faith and good friendship, which ought to be observed between the Crown of Great Britain and Spain in this time of peace and tranquillity, that I cannot but be highly surprised at the attempt, and therefore I do by this in the name of my Royal Master the King of Great Britain demand that all and every of his subjects, which were seized taken and carryed away from Crabb Island be immediately released and set at liberty, and that all the negroes goods and effects of what kind soever, which were then taken from them or any of the subjects of the said King my Master be immediately restored to such of them as are now in your Government, and that they be permitted to come and bring them away without further let or molestation, and that the negroes goods and effects of those that are absent be delivered to the bearer Captain Hume of H.M.S. the Scarborough whom I have appointed and directed to demand and receive them in order to their being brought and delivered to the Proprietors. I persuade myself that you cannot doubt but that Crabb Island is unquestionably the right and title of the King my Master, and therefore I have reason to hope that you will not fail to do the justice I have now demanded on behalf of his subjects etc. Signed, W. Hamilton. Same endorsement. Copy. 1⅓ pp. [C.O. 152, 12. Nos. 96, 96 i.–iii.; and (without enclosures) 153, 13. pp. 329, 330.]
April 12.
Custom House, London.
495. Mr. Carkesse to Mr. Popple. Encloses following to be laid before the Council of Trade and Plantations. Cf. Dec. 24, 1717. Signed, Cha. Carkesse. Endorsed, Recd. 12th, Read 22nd April, 1718. Addressed. ¾ p. Enclosed,
495. i. Extract of letter from Mr. Dunbar, Surveyor-General of H.M. Customs in Barbados, Leeward Islands etc. to the Commissioners of Customs. Antigua, Dec. 20th, 1717. Prays for directions in the matter of the Act of Antigua prohibiting the importation of foreign sugars, especially the growth of French colonies etc. As a Member of the Assembly, he describes the arguments for and against it:— It was warmly recd. by some—the Gentlemen Planters—and as violently opposed by others, those concerned in trade or well—wishers to it. The Planters urged that the importation of sugar lowered the price on this Island and overstocked the market in England and consequently sunk the price of it there, that by an open trade with the French Islands we supplyd them with provisions and negroes and by that means assisted our great rivals in the making of sugar to fix and extend their setlemts. which in the process of time woud tend to a manifest injury of all the British sugar Colonies. The traders replyd that the credit of this Island had been long ruind by keeping up here the price of sugars above their real value, that it could avail no man to sell off his sugars at a fourth part more than they were worth, when whatever was purchased with them was rais'd by the trader 25p. cent on that very account, that the French commonly govern'd themselves nearer the market in Europe with respect to the difference of excha. which certainly ought to be the standerd of ours, and therefore the price of sugar was sunk no lower than it should be and the importation of other sugars could be no injury to any one person, but on the contrary a free trade was a very great advantage to Britain in general and to this Island in particular, for first it consumes many of our British manufacturys, secondly it encourages trade and navigation to English subjects, thirdly it makes this Island a good mart for negroes, provisions and other goods necessary for the support of the Collonies and consequently we have not only the first choice of any of these but that too on the easiest terms; 4th the concourse of ships which this draws to us makes the freight low of our sugars home an advantage of itself sufficient to weigh down much greater inconveniencys than that of lowering the price of our sugars here, which in truth is rather an imaginary than real injury. That as to the over stocking the market in England, it is not the consumption at home but the demands from abroad that keep up the market. Britain alone consumes but a smal part of the produce of these Colonies, and the rise of sugars always depends upon the encouragement. there is for the exportation of it and while Britain continues the chief mart of Europe for that great and staple comodity whereon foreign markets have often their dependance there can sure be no danger of overstocking the market which hitherto has risen in proportion the better it was stockd. As to our supplying our great Rival etc., we supply them now only in part, and if we frowardly throw that part out of our hands, the Dutch stand ready to take it into theirs, and would bless and greedily grasp the occasion that opend their way to a branch of trade they have long secretly envied us etc. The Bill strips H.M. Revenue of the duty of 4½ p.c. on the exporatation here and that on the importation in England. It is repugnant to the 5th and 6th Articles of the Treaty of Commerce, 1686, whereby vessels of either Crown in case of want or disaster are permitted to refit etc., whereas this Act strictly forbids all French vessels let their wants and necessitys be never so urgent so much as to approach any creek bay or harbour or presume to anchor in or about this Island on any pretence whatsoever etc. What regard Officers of the Customs ought to have to an Act that directly opposes a publick Treaty, I am ignorant of etc. 3¾ pp. [C.O. 152, 12. Nos. 77, 77 i.; and (without enclosure) 153, 13. pp. 283, 284.]
April 21.
Whitehall.
496. Earl Stanhope to the Council of Trade and Plantations. The King approves of proposal of 3rd March, etc., and signifies his pleasure that Richard West Esqr. one of his Council at Law be the person whom you shall consult upon all matters of law, which you do not conceive to be of that importance as to require the opinion of His Attorney or Solicitor General. Signed, Stanhope. Endorsed, Recd., Read 23rd April, 1718. 1½ pp. [C.O. 388, 77. No. 39.]
April 23.497. Representation of the Marquis de Wignacourt and others to the Council of Trade and Plantations. Shewing H.M. past right and title to the land unjustly claim'd by the Massachusets, between Main and Nova Scotia, 190 miles in length and in breadth; And if settled under H.M. Government (as is propos'd to be) the Quit—rent thereof will be worth to the Crown more than 90,000l. sterling per annum, besides supplying H.M. with Naval Stores etc. Signed, Le Marquis de Wignacourt Franconville, William Birkhead, J. de la Menardiere, Du Jary, Daniel Pelisson. Endorsed, Recd., Read 23rd April, 1718. Printed. 3½ large folio pp. [C.O.5, 866. No. 145.]
April 23.
Whitehall.
498. Mr. Popple to Sir Wm. Thomson. Encloses preceding. Continues:— The Council of Trade and Plantations desire you to consider the same with all convenient dispatch; and to let them know whether you have anything to add to your former report on this matter. [C.O. 5, 915.p. 114.]
April 23.
Whitehall.
499. Order of Council. Referring following to the Council of Trade and Plantations for their report. Signed, Robert Hales. Endorsed, Recd. 2nd, Read 6th May, 1718. 1 p. Enclosed,
499. i. Petition of Merchants trading to New York, in behalf of themselves and others inhabiting in the said Province, to the King. Pray that the Governor of New York may be directed to stay all proceedings on the Act for paying several debts (v. April, 9th) and to transmit the same forthwith for H.M. consideration etc. The Act is looked upon as a very great hardship, providing for several old demands which were disallowed by former Assemblys when large sums were granted for the defraying the publick debts and time sufficient allowed for all claims to be brought in which accordingly were done and the same adjusted to June 1st, 1714, and provision made to prevent the Colony from being in debt for the future. Yet this Act grants large sums unto the Governor Council and Assembly in an unwarrantable manner, which summs and to whom granted is set forth in the body of the bill. The proceedings on the said bill in the Assembly was not printed as usuall (altho a printer is paid by the publick for those purposes) so that the carrying on the same could not be fully transmitted to us etc. Signed, Thomas Pitt and 19 others. Copy. 2 pp. [C.O. 5, 1051. Nos. 66, 66 i.; and (without enclosure) 5, 1124. p. 23.]
April 23.
Whitehall.
500. Council of Trade and Plantations to Governor Hunter. Acknowledge letter of 27th [? 20th] Janry. last and inform him of following. Enclose order of 20th March. "Our Secry. will acquaint you more particularly with the state of that matter." Enclose Solicitor General's opinion, April 1st. Refer to opinion of Sir Edwd. Northy late Attorney General upon the Act for the better settlement of lands etc. (March 12th), etc. Continue:—Therefore we do not think it proper at present to lay it before H.M. for his disallowance. But if the Assembly will pass a new Act for repealing this whereby the persons who have purchased under the security of this Act of 1710 may be safe, and the new law not liable to any other objections, we think you may give your assent to such law, provided there be a clause in it, declaring that it shall not be in force till H.M. pleasure is known. We take notice of what you write concerning the Act for paying the remainder of all publick debts, and we wish you had been more particular in your observations upon it, which would have been of use to us, there being a caveat lodged in our Office in the name of some merchants here, and others residing at New York against confirming that Law. When the Act comes we shall consider it, together with the objections that will be then made against it. [C.O. 5, 1124. pp. 20, 21; and (corrected draft) 5, 1079. No. 99.]
April 23.
Whitehall.
501. Same to the Lords of the Committee for hearing appeals etc. from the Plantations. Enclose papers lately received from Brigadier Hunter relating to Mr. Mulford's complaints, and Mr. Solicitor General's opinion. Your Lordships will perceive by enclosed papers what opinion the inhabitants of New York have of Brigr. Hunter's conduct in his Governmt. (v. 20th Jan. and 1st April). Enclosed,
501. i. List of papers received by the Council of Trade from Governor Hunter relating to Mr. Mulford. [C.O. 5, 1124. p. 22; and 5, 1079. Nos. 100, 101.]
April 23.
Whitehall.
502. Earl Stanhope to the Council of Trade and Plantations. Copy of No. 496. [C.O. 389, 37. pp. 150, 151.]
April 24.
Treasury Chambers.
503. Mr. Lowndes to Mr. Popple. A petition having been presented to the Lords Commissioners of H.M. Treasury by William Tavernor for allowances for surveying the late French part of Newfoundland, desires a certificate of his services etc. Signed, W. Lowndes. Endorsed, Recd. 24th, Read 29th April, 1718. Addressed. 1 p. [C.O. 194, 6. No. 46; and 195, 6. p. 393.]
April 24.504. Richard Shelton to Mr. Popple. In reply to 3rd April encloses following. Signed, Ri. Shelton. Endorsed, Recd., Read 30th April, 1718. ¾ p.Enclosed,
504. i. Extract of letter from Governor Johnson to Mr. Shelton. Charles Town, 15th Feb., 1717(18). Several of the heads of the Creek Indians have been with me to offer peace, and have been kindly receiv'd and sent back; 'tis reported from St. Augustin, as if they had made peace with the Cherikees, if so, we are deeper ingag'd than ever, but we hope the best, and as it is only conjecture I hope by the next to give you a better account. ½ p. [C.O.5, 1265. Nos. 97, 97 i.; and (without enclosure) 5, 1293. p. 147.]
April 25.505. Mr. Shelton to Mr. Popple. Reply to 9th April. I do assure you the Lords Proprietors do not know that any such law was ever pass'd, and if any such law should be propos'd there the Lords will repeal it here and give your Board notice of it. Signed and endorsed as preceding. ¾ p. [C.O. 5, 1265. No. 98.]
April 26.506. Anonymous letter to Mr. Popple. There has been laws sent from Pensilvania several times in which even in capital cases an affirmacon was allowed to be taken instead off an oath but as often as such laws have been presented they were rejected, yet notwithstanding the Assembly upon receipt of the Crown's negative always proceed anew to reenact ye same law and about six years agoe they have pass'd another Affirmacon Act without the name of God being menconed in the affirmacon this Act they still keep under their thumb and will not produce it for the Royal assent till they are forced to it because they (k) now it will be damn'd then, but till they present it, it will be in force, etc. Endorsed, Recd., Read 6th May, 1718. Addressed. Postmark. 1 p. [C.O. 5, 1265. No. 101.]
[April 26.]507. Governor Philipps to the Council of Trade and Plantations. According to your Lordships commands, I humbly offer my oppinion on the several articles of my memorial (v. 21st Feb.). (i.) As to Newfoundland trade and Governmt., I doe agree that the necessity of makeing any alteration therein turns intirely upon whether settlements there are to be incouraged or not. The chief objection I take to be that the people of New England benefitt more from them then the subjects of Brittain this is matter of fact and can only be remedy'd by makeing a monopoly of that fishery in favour of the latter, or the Marchants contracting a year beforehand for all the fish that shall be catch'd the season following, or by prohibitting the retaile of all comodity's brought thither in New England bottoms, etc. (ii.) Your Lordships' opinion inclining to the report of the Board of Ordnance that both garrison and fortifications of Placentia may be reduced, I must pray you to observe that the first is already reduced by the present establishment to less than half its numbers. If you think it may (with security) be reduced to 50 or 60 men, the suppernumry. will be very useful in Nova Scotia to garrison the forts thought necessary to be built there, etc. As to the fortifications, it is submitted whether the old may be repaired or the new built with the least expence. Something must be done this summer to preserve the poor men and their provisions from the severity of the winter etc. (iii.) The best and only method to secure the allegiance of the French inhabitants of Nova Scotia, is to give all possible incouragement towards settleing that country from these Kingdoms, by grants or publick advertisements to lett people know that there's settlements intended in that country, where propertyes will be given the Adventurers, setting forth the goodness of that soyle and climate, the advantages of trade with assureances of all due protection from the Crown. And if transportation could be allowed them it would be a great inducement to poore familyes to go thither and in the mean time to lett these French see that the Govermt. is in ernest to take care of that countrey by repaireing its fortifications. (iv.) Proposes presents to the Indians to the value of 5 or £600. (v.) Commissioners to be appointed to adjust the bounds according to the late Treaty's etc. etc. Articles vi.–ix. 21st Feb. expounded. Signed, R. Philipps. Endorsed, Recd. 26th, Read 29th April, 1718. 6 pp. [C.O. 217, 2. No. 46; and 218, 1. pp. 343–350.]
April 28.
London.
508. Anonymous letter to Mr. Popple. In the late King's time Mr. Penn agreed to surrender his right to the governmt. of Pensilvania, with all the fines and perquisites thereof, for £12,000, but never sign'd the surrender, tho' part of the money has been paid him. You will have transmitted to you severall laws from Pensilvania, in some of which the fines are granted to the Town of Philadelphia and also the power of granting licences to publick houses is vested in the Justices contrary to the method of the Plantacons, and divesting the Governmt. thereby of another very considerable profitt in prejudice of Mr. Penn's design'd grant of them to the Crown as he was obliged to [? by] the above menconed agreement and wch. indeed will be effectually made void if those laws obtain the Royall Fiat by the King's own act, etc. Signed, A. B. Endorsed, Recd., Read 6th May, 1718. Addressed. Postmark. 2 pp. [C.O. 5, 1265. No. 100.]
April 28.
Kensington.
509. H.M. Warrant confirming to William Congreve the Office of Secretary of Jamaica during his life. Countersigned, J. Craggs. [C.O. 324, 33. pp. 164, 165.]
[April 29.]510. Petition of Capt. James De Leuze to the Council of Trade and Plantations. Edmund Helot died at St. Christophers in 1680 seized of considerable estate real and personal. Stephen Duport possesed himself thereof upon marrying his widow. Upon the breaking out of the war with Frances in 1689 Mr. Duport retired for England, and Mrs. Duport put herself and the estate of Mr. Helot into the protection of the French who soon after took the English part of St. Christophers. The English reduced St. Christophers in 1690 and the inhabitants who submitted to K. William were restored to everything that was found to belong to them. Mrs. Duport having farmed her estate to a Frenchman and retired to France (Mr. Duport being taken at sea and carried there) he negroes and movable effects together with those of Mr. Helot's children were seized and sold by the Army. Mr. Duport hearing that St. Christophers was reduced returned from France into England, and did obtain H.M. order to be restored to the whole estate that could be found, but reaped little benefit thereby the persons who had bought the negroes having sold them off the Islands for Jamaica. Mr. Duport petitioned Her late Majesty that he might be considered for the great losses sustained by him as he pretended in 1689, but in truth were in 1690. His petition and accompt were laid before the Council of Trade and Plantations. He is soliciting the said losses to be paid him out of the late French lands of St. Christophers. Memorialist is married to the only surviving child of Mr. Helot, who was an infant under the care of her mother when the said losses were sustained, which chiefly were the effects of Mr. Helot. Petitioner prays for such part of any reparation that may be ordered as belongs to his wife and for a copy of Mr. Duport's accompt. Endorsed, Recd., Read 29th April, 1718. 1¼ pp. [C.O. 152, 12. No. 78.]
April 30.511. Mr. Solicitor General to Mr. Popple. Reply to April 23. I have perused the representation (Apr. 23), and I find no legall answer to the express grant of K. Wm. to the Massachusetts of that tract of land so that I have nothing more to trouble their Lordships with, in this matter. Signed, Wm. Thomson. Endorsed, Recd., Read 2nd May. ½ p. [C.O. 5, 866. No. 146; and 5, 915. p. 115.]
April 30.
Whitehall.
512. Mr. Popple to Mr. Marsh. The Council of Trade and Plantations have for some time expected to hear from you when the petitions against the Act of Antigua to indemnify Anthony Brown etc. would be ready etc. They think it necessary to make a report as soon as may be upon H.M. Order of Reference. [C.O. 153, 13. pp. 284, 285.]
April 30.
Whitehall.
513. Same to Mr. Priswick. The Council of Trade and Plantations desire to hear what Col. Coidrington has to offer upon his petition referred to them 29th Aug. etc. If he desires to be heard by Council, you will please to let me know it, that H.M. Attorney and Sollicitor Genl. may have notice to attend in behalf of the Crown. [C.O. 153, 13. pp. 285, 286.]