America and West Indies
July 1718, 21-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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322-327

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'America and West Indies: July 1718, 21-31', Calendar of State Papers Colonial, America and West Indies, Volume 30: 1717-1718 (1930), pp. 322-327. URL: http://www.british-history.ac.uk/report.aspx?compid=74044 Date accessed: 02 October 2014.


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Contents

July 1718, 21-31

July 21.
Kensington.
629. Order of King in Council. Appointment of John Hugg to the Council of New Jersey is confirmed. Signed, Ja. Vernon. Endorsed, Recd. 23rd, Read 24th Jan., 1718/19. 1½ pp. [C.O. 5, 971. No. 78; and 5, 995. pp. 452, 453.]
July 22.630. Warrant from the Lords Proprietors of Carolina to Col. Wm. Rhett, Receiver General of South Carolina, to pay £100 to Charles Hart, Secretary of South Carolina, for necessaries for his office. Signed, Carteret, Palatin, Ja. Bertie for D. of Beaufort, Fulwar Skipwith for L. Craven, Maurice Ashley, J. Colleton, J. Danson. [C.O. 5, 290. p. 114.]
July 22.631. Lords Proprietors of Carolina to the Governor and Council of South Carolina. In obedience to H.M. Order in Council 14th May, 1718, we do repeal and hereby declare the Act, laying a duty of £10 p.c. upon all goods of British manufactory imported into that Province from Great Britain and all matters therein contain'd to be null and void to all intents and purposes whatsoever. We having also taken into our consideration, an Act, declaring the right of the House of Commons to nominate the publick Receiver etc., and finding the said Act to be inconsistent with the safety welfare and good Governmt. of the Province of South Carolina, and inconsistent with and contrary to the usage and custom of Great Britain, do declare the said Act to be null and void etc. We likewise having read and consider'd two Acts of Assembly, the one an Act to keep inviolate and preserve the freedom of elections, and appoint who shall be deem'd and adjudg'd capable of choosing and being chosen members of the Commons House of Assembly, the other entituled an additional and explanatory Act to the foregoing Act, and finding the said two Acts tend to the intire alteration and subversion of the Constitution of the Province of South Carolina and are contrary to the laws and customs of Parliament in Great Britain, we therefore do declare the said two last mention'd Acts to be null and void etc. We have read also two other Acts of Assembly, to appropriate the Yamasee lands to the use of such persons as shall come into and settle themselves in this Province etc., and an Act to grant several privileges, exemptions and encouragements to such of H.M. Protestant subjects as are desirous to come into and settle in this Province, which two Acts being an encroachment upon the property of us the Lords Proprietors, and tend only to the disposal of our estates to which the Assembly can pretend no manner of right, we therefore do declare the said two Acts to be null and void, etc. We having receiv'd a petition from Mr. Joseph Boon, Stephen Godin, Saml. Barons and many other merchants of London, complaining of the Indian Trade Act as a monopoly, vizt. the carrying on a trade by a Company, exclusive of all others, and H.M. having been graciously pleas'd upon application made to him by the merchants of London, to repeal the Laws made in Virginia to the same effect, we the Lord Palatin and the rest of the Lords Proprietors of the Province of South Carolina do think it proper to repeal and make void the said Indian Trade Act, etc. Signed as preceding. [C.O. 5, 290. pp. 115–117.]
July 22.
St. James's.
632. Same to Same. We have read your publick letter to us, and have according to your desire herewith sent you the resolution of our Board held the 3rd March, 1715/16, relating to the proportioning of the lands call'd the Yamasee settlement, wch. we require you strictly to comply with, and not to depart from that order upon any pretence whatsoever. We return you our thanks for the care you have taken, in relation to the coin, for as very great inconveniences and confusion must arise from the different rates that the same species of coin did pass in H.M. several Colonies and Plantations, so that being once duly regulated and ascertain'd, it must not only be beneficial to the Trade of your Province, but tend to the advantage of the commerce of H.M. subjects in all the Plantations in America; We therefore recommend it to your further care and consideration, and that you wou'd observe the pains and penalties the persons are liable to, who break the regulations made by the Act of the sixth of Queen Anne. You can't but be sensible how necessary it will be to your own future security, that the arms and ammunition which were lately sent over for the use of the publick be not embezzel'd or apply'd to other uses than they were at first design'd for, We therefore earnestly desire you to send us a more particular account of them by your next letter to us. We have receiv'd another letter from you, dated Dec. 2, 1717, wherein you give us an account of an Act of Assembly, whereby the lower House pretend a right to keep the gunpowder and magazines of the province, which in effect is taking the military power out of the hands of the Government. We have therefore repeal'd and made void that, [? and] some other Acts of Assemblies, the several repeals whereof, we have herewith sent you, and upon the receipt of this letter, we think it proper for you to dissolve the present Assembly, and that you forthwith call another Assembly according to the ancient usage and custom of the Province. As to what you write concerning an Act for the better keeping and preserving the publick arms of the Province, we do not perfectly understand what you mean by that paragraph, and desire that clause and the custom there mention'd to be claim'd by the lower House of Assembly, may be more particularly explain'd. We are very well pleas'd to find by the behaviour of the House of Assembly that the affairs of the Province are such as do not require our bounty or assistance, and since what we have offer'd has not been accepted by the Assembly, we will give orders that our donative shall be apply'd to such publick uses, as we, upon further consideration shall think most proper and convenient. We do not find, upon enquiry that any salaries have been granted or allow'd to such Gentlemen who are in the Council, in any of H.M. Colonies, in America, and our Revenue at present being so very uncertain (nor can it as we conceive without a Rent Roll be reduc'd to any certainty and regularly collected) we think it very improper to lay any further, or greater charge upon it; But if you (Gentlemen) and the Assembly cou'd find out any means, whereby the charge of the Government, as in other H.M. Colonies, might be supported, and the attendance and expences of the Council and Assembly might be made more easy to them, we shou'd readily give encouragement to and comply with such proceedings. We have according to your request, agreed that an order be prepar'd and sent to Coll. Rhett to pay Mr. Secretary Hart etc. ut supra. Signed as preceding. [C.O. 5, 290. pp. 118–120.]
July 23.
Whitehall.
633. Mr. Popple to Governor Hunter. Acknowledges letter of 3rd May. Continues:—The Acts [of New York] are under consideration, and particularly that for the payment of the remainder of the publick debts. The Lords Commissrs. for Trade and Plantations hope you will be able speedily to give them a full answer to all the allegations in the petition against it (v. 7th May). It being for H.M. service that this Board be at all times acquainted with the absence of Councillors from their posts in the Plantations, their Lordships desire that whenever you give leave to any member of H.M. Council in your Government to be absent from his post, such leave be under your hand and seal and that you forthwith transmit to them a copy of such licence of leave, as also an account when such Councillor departed your Governmt., and to what place he is gone. Lest you should have misunderstood what their Lordships writ to you 16th May, 1717/18 (sic), I am to observe to you that by the first clause of the Act of Navigation mentioned in the 3rd Article of your Instructions, relating to the Acts of Trade, no foreign ships are to be allow'd to trade into H.M. Plantations. But their Lordships are of opinion that British ships cannot be condemn'd nor their lading confiscated only for trading to or from foreign Plantations: provided that trade be not carried on in any manner contrary to the laws of this Kingdom or of New York whereby the ships or ladings might be lyable to be confiscated. However their Lordships think you will do well to observe your last orders so far as to discourage this way of trading which is contrary to the Treaties of Peace, tho' not contrary to our laws. Since the writing of this I have receiv'd your letter of the 3rd of June last, and have laid it before ye Board together with your letter to their Lordships of the same date; upon which I'm only to observe that the business of Mulford's complaints is to be heard before the Lords of the Committee for hearing appeals on Thursday the 31st inst. at which time the papers transmitted by you will be made use of: Tho I have not received from Mr. Philips ye last you mention to have transmitted him. However, I'le send for them that nothing may be wanting to make your innocence and integrity appear: I am surprized you seem to complain of want of letters from me having writ to you by almost every conveyance and delivered them to Mr. Philips to be sent to you. This ship being just upon her departure I have not time to make duplicates but shall do it by the next. The Board will expect the Minutes of Council and other publick papers you mention. P.S. In the mean time you have here inclos'd a list of such publick papers that are wanting. It is not the business of Mulford that is to be heard as I have sd. above but the compt. of Cox and that is put off to 8th Aug. [C.O. 5, 1124. pp. 34–36; and (corrected draft) 5, 1079. No. 104.]
July 23.
Whitehall.
634. Mr. Popple to Governor Hunter. The Council of Trade and Plantations are very glad that all things in the Jerseys are so easy at present etc. Refers to some confusion in the appointment of Councillors; asks for list and reasons, to be given when leave is granted to Councillors, and reminds him of the necessity of having an Agent etc. Repeats preceding instructions as to leave of Councillors and foreign trade. [C.O. 5, 995. pp. 444–447.]
July 23.
Annapolis Royal.
635. Lt. Governor Doucett to the Council of Trade and Plantations. Encloses following just received etc. v. 20th June. Signed, John Doucett. Endorsed, Recd. 19th Dec., 1718, Read 10th Feb., 1718/19. Holograph. 1 p. Enclosed,
635. i. Governor St. Ovide de Brouillan to Lt. Governor Doucett. Louisbourg, 21st July (N.S.), 1718. Reply to No. 565 iv. I will neglect nothing to maintain the Peace, etc. (i.) I have no knowledge of this. (ii.) As to Lassonde and other French inhabitants being settled on the Isles of Canceau, these islands are situated at the mouth of the small entrance of the Gulph of St. Lawrence, otherwise called the River of Canada, it clearly appears by Articles 12 and 13 of the Peace signed at Utrecht, that this place up to the River Ste. Marie ought to belong to the King my Master, since it is this river which constitutes the old boundary of which mention is made etc. Proposes that they should await the decision of their respective Courts etc. Having been informed that there was a considerable gathering of savages at Canceau, who were beginning to disturb the English who fish there, I went there and held an assembly of the chiefs and told them that they ought not in any wise to interrupt the union between the English and ourselves, but allow them to pursue their trade in peace. They promised accordingly, and have hitherto kept their word etc. As to your complaints about the inhabitants of Nova Scotia, you must know how impossible M. de Nikelson and other Governors of Nova Scotia made it for them to fulfil the agreement that was made, some by not being willing to allow them to carry away their goods, and others by not allowing us to send them tackle for the little boats they had built, and which they were obliged to part with for almost nothing to the English merchants. I will not fail to inform the King my Master of all you mention, in order that I may receive his instructions. Requests return of deserters who have fled to his Government etc. Signed, St. Ovide de Brouillan. Copy. French. 2 pp. [C.O. 217, 2. Nos. 55, 55 i.; and (without enclosure) 218, 1. p. 381.]
July 23.
Whitehall.
636. Mr. Popple to Mr. Lechmere, Attorney General. The Council of Trade and Plantations desire your opinion, whether by the several Acts of Trade and Navigation, any goods not of the growth, product, and manufacture of Europe may be imported into H.M. Plantations in English built shipping from Ireland or from any foreign Plantation or from any other place whatsoever except Great Britain only. And in case this may be done, from what place or places, and in respect of what goods it is allowable. [C.O. 324, 10. p. 200.]
July 23.
Whitehall.
637. Mr. Popple to Mr. West. Similar to preceding. [C.O. 324, 10. p. 200.]
July 23.
Westminster.
638. Copy of H.M. Commission to Governor Sir. N. Lawes, for granting pardon to pirates (v. July 25). Endorsed, Recd., Read 25th July, 1718. 2 pp. [C.O. 137, 13. No. 13.]
July 24.
Whitehall.
639. Mr. Secretary Craggs to the Council of Trade and Plantations. Commissions for pardoning pirates being now passing the Seals, they are to be transmitted to the respective Governmts. by the first conveyance etc. Signed, J. Craggs. Endorsed, Recd., Read 24th July, 1718. 1 p. [C.O. 323, 7. No. 131; and 324, 10. p. 203.]
July 25.
Whitehall.
640. Council of Trade and Plantations to Mr. Secretary Craggs. Having perused a copy of H.M. Commission under the Great Seal, whereby the sevl. Govrs. of the Plantations are impowered to pardon such pirates as shall surrender themselves with in the time prefix'd by H.M. late Proclamation; and observing thereupon, that H.M. has of his own meer motion been pleasd to extend his mercy beyond what was promised in the said Proclamation; we thought fit in our circular letters to ye Governors, wherewith we transmit to them the said Commissions, pursuant to H.M. Orders to take notice, that H.M. did promise by His Proclamation to pardon such piracies only, as had been committed before ye 5th of Janry. last, whereas ye present Commissions do impower the several Governors to pardon all piracys committed at any time before the 23rd day of this instant July. And that H.M. most gracious intentions in this particular might be the more effectual; we have in our said circular letters directed the sevl. Governors to publish Proclamations in their respective Governments to notify H.M. pleasure herein. But notwithstanding this direction, we wou'd submit it to His Majty's. consideration whether it wou'd not still be necessary, that H.M. shou'd likewise issue his own Royal Proclamation to the same effect. [C.O. 324, 10. pp. 204, 205.]
July 25.641. Receipt for Governor Sir N. Lawes Commission for pardoning pirates (23rd July). Signed, John Symms, Clerk to Ham. Morice. ¾ p. [C.O. 137, 13. No. 12.]
July 25.
Whitehall.
642. Council of Trade and Plantations to Governor Sir N. Lawes. Enclose Commission (v. July 23rd). Whereupon we must observe to you that H.M. has been pleas'd to extend his mercy, even beyond what was promised by H.M. late Proclamation whereby such piracies only were to be pardon'd as had been committed before ye fifth day of January, 1717, but by this Commission you are direct'd to pardon all piracys committ'd before the 23rd day of July, being the date of the said Letters Patents. To the end therefore that H.M. most gracious intention may have ye fuller effect, we desire you would immeadiatly upon receipt hereof publish a Proclamation throughout your Government to give notice of H.M. Royal pleasure in this particular. [C.O. 138, 16. pp. 119, 120.]
July 25.
Whitehall.
643. Mr. Secretary Craggs to Governor Sir N. Lawes. I send you inclosed by H.M. command a copy of a Memorial presented to the French Secretary here, relating to the ship L' Aimable Marie belonging to Messrs. Bonfils of Rochelle, which had been taken by some vessels of Jamaica; and I am to acquaint you that this complaint having by H.M. order been considered by the Lds. Commrs. for Trade and Plantations, a copy of whose report is also here inclosed, H.M. has commanded me to signify His pleasure to you, that you do not only prosecute the Commanders and Mariners of any ships or vessels concerned in the capture of the said ship L' Aimable Marie, but that you do also put the bonds given by the sureties in execution, whereby reparation may be made to the sufferers. Signed, J. Craggs. [C.O. 324, 33. p. 180.]
July 25.
Whitehall.
644. Mr. Secretary Craggs to the Governor of the Leeward Islands. It having been represented to the King, on the part of Mr. Buor late an Officer in H.M. service, that some persons, taking advantage from the said Buor's having been removed from his command, are encouraged to distress him in his domestick affairs in America: I am to signify to you H.M. commands that the said Buor be protected in the prosecution of all legal claims within your Government, to the end that H.M. displeasure against him on a publick account may have no influence on the course of Justice with regard to his private property and possessions. Signed, J. Craggs. [C.O. 324, 33. p. 181.]