America and West Indies
April 1719

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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67-85

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'America and West Indies: April 1719', Calendar of State Papers Colonial, America and West Indies, Volume 31: 1719-1720 (1933), pp. 67-85. URL: http://www.british-history.ac.uk/report.aspx?compid=74068 Date accessed: 17 September 2014.


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April 1719

April 1st.137. Governor Philipps to the Council of Trade and Plantations. Encloses following etc. Recommends Capt. Southack as the Commissioner when it is thought convenient to appoint one for adjusting the boundaries of Nova Scotia with the French. Signed, R. Philipps. Endorsed, Recd. 6th, Read 7th April, 1719. 2 pp. Enclosed,
137. i. Capt. Southack to Governor Philipps. Boston, Jan. 27, 1718/19. I was ordered by Governor Shute and the Council of this Province to go in H.M.S. Squirril Capt. Thomas Smart to have a conference with St. Ovide de Brouillian Governour of Island Breton concerning antient boundaries of Nova Scotia. Since the arrivall from France of the Marquis de Vaudreauill Governor of New France at Quebeck he has given orders to severall frenchmen for setlements at Ponobscot Passamaynody and St. Johns River all which is part of the boundaries of Nova Scotia. Complains that French privateers had taken 10 of his fishing sloops, "the French being very angry with me, I being on all expeditions in doeing my duty against them etc. Sence the suspension of armes to this year 1718 to be served as I am by the French it is very hard." Capt. Smart's seizures amount to £2000 this money. Hopes to be allowed part of it etc. Encloses a "small chart," etc. Signed, Cyprian Southack. Same endorsement. Addressed. 1½ pp.
137. ii. Copy of Governor Dudley's Instructions to Capt. Southack, 11th March, 1712, to visit the coast of Cape Sables etc. Same endorsement. 1 p.
137. iii. Copy of Governor Dudley's Instructions to Capt. Southack, 18th April, 1715, to seize vessels trading contrary to the Act of Neutrality etc. Same endorsement. 1 p.
137. iv. Copies of Order of Council, 1st Feb., 169¾, and certificates by Capt. George Martin, General Sir William Phipps and Governor Dudley in favour of Capt. Southack. Same endorsement. 2¾ pp.
137. v. (a) Memorial of Capt. Southack to M. St. Ovide de Brouillian Governour of Island Bretton. Sept. 11th, 1718. Recapitulates history of Nova Scotia. The 12th Article of the Treaty of Utrecht bound the most Christian King to deliver to the Queen of Great Britain all Nova Scotia or Accadie with its antient boundaries. Which antient boundaries was to Cape St. Lawrence eastward on Island Breton, and Cape Roziers northward to the great River St. Lawrence as may be seen by M. Subercass passport (v. infra.) And that the subjects of the Most Christian King shall hereafter be excluded from all kind of fishing in the said seas, bays and other places on the coast of Nova Scotia, that is to say on those which lye towards the East within 30 leagues begining from the Island commonly called Sable inclusively and thence stretching along towards the southwest. If it had not been mentioned in 13th Article that the Island called Cape Breton as also all others both in the mouth of the River of St. Lawrence and in the Gulph of the same name, shall hereafter belong of right to the French, and the Most Christian King shall have all manner of libertie to fortifye any place or places there, and no other it must of course have been the Queen's of Great Britain's as being within antient boundaries of Nova Scotia. Which shews the French have nothing to do with any part of the Continent nor Islands from Cape Cansco to Cape Roziers aforementioned.
(b). Memorandum of what fish the French have catched and part dryed in the boundaries of Nova Scotia: 1715, 10,000 quintalls; 1716, 15,000; 1717, 20,000; 1718, 25,000.
(c). Governor Subercase's promise to procure passports for Major Richard Mullins and Capt. Charles Brown to return to England after transporting the French garrison of Port Royal to France, according to the 2nd article of the capitulation. Port Royal, 23rd Oct., N.S., 1710. Begins: We Daniel Auger of Subercase etc. Governour of Le Accadie of Cape Breton Islands and lands adjacent from the Cape Roziers of the Great River St. Lawrence, as far as the east part of Kennebeck River do promise to procure passports etc.
(d). Memorandum by Capt. Southack. In Aug., 1716, H.M.S. Rose, Capt. Caley, Commander, sailed under the command of Lt. Young for Cape Breton to speake to M. Costable then Governor of Cape Breton, concerning the French fishing in the boundaries of Nova Scotia at Cape Cansco etc. Governour Costabel's answere was that the French had nothing to do to fish at Cansco etc, and that he would order the French away from fishing there, then Lt. Young sailed from Island Breton to Cansco Harbour where he found about 30 French shallops a fishing there and makeing of fish. Young ordered them away or else he would seize them and their fish they made answere they had nothing to do to fish here but would be gone it being the English boundaries there was nobody to look after it and that made them fish there. Signed, Cyprian Southack. The whole endorsed as covering letter. 3 pp.
137. vi. Capt. Southack's Journal of remarkable transactions during the voyage (No. 1). We sailed from Nantaskett 26th Aug. 1718, and arrived 6th Sept. at Cansco Harbour, where we found a French ship, a brigantine and sloop, and about 30 French shallops a fishing. 7th instant came into this harbour from Louice Bourg, a place on Island of Breton, french sloop with her white ensign leading with french merchandize to trade here, but Capt. Smart received a great many afronts here from the french, but did not think it proper while his return from Louis Bourg to make any answere to them. 10th Sept. we sailed to Louisbourg etc. On 11th Capt Smart and I had a conference with Governor de Brouillian about the boundaries of Nova Scotia etc. He was made sensible that the French have nothing to do with any part of the Continent, nor the Islands of Cansco. Capt. Smart demanded in the King of Great Britain's name that he would give orders to the French at Cansco to retire to the french territories and offered to allow him any reasonable time for them to withdraw themselves and effects but he refused, then Capt. Smart made an open protestation against the proceedings of the French at Cansco and assured the Governour that it would be resented by the English Government. The 13th wee sailed for Cansco, where the french ship had out her white flagg and the other french vessells french colours on it. The 18th Sept. Capt. Smart made seizures of the French ship, brigantine and sloop and some fish of the french on the shoar belonging to the ship and other French inhabitants and some other goods which he sent some of them goods ashoar againe by my desire. The 25th he delivered the french ship to the french captain againe by reason he had not men to man her, but brought the brigantine and sloop away with him to Boston etc. Signed, Cyprian Southack. Same endorsement. 1¼ pp.
137. vii. Memorial of Captain Southack to Governor Shute. Boston, Jan. 22, 1718/19. Complains of the French seizing his fishing sloops. M. Costabelle gave the Indians £200 to destroy his fishery and kill him etc. v. supra. Prays H. E. to send his memorial to England to be laid before the King and Council for satisfaction etc. Signed and endorsed as preceding. 3 pp. [C.O. 217, 2. Nos. 63, 63. i–vii; and (without enclosures) 218, 1. pp. 391–393.]
April 3.
Custom Ho., London.
138. Mr. Carkesse to Mr. Popple. Reply to June 12th. The Commrs. of H.M. Customs observe, upon the Act of Jamaica for ascertaining the number of ports of entry etc. (1) The more ports etc. there are, the greater ease it will be to the traders, and therefore they have no objection to the increase of the ports made by this Act, since they will occasion no additional charge to the Crowne, there being provision in the Act, that the officers to be deputed for those places, shall be paid out of the parochial stock of the sevll. parishes, in wch. those ports are settled, provided the said Act will not encourage the inhabitants to reside in townes, and there sett upp manufactures for supply of their own necessities, without assistance from hence, wch. will not only discourage the trade carried on from this Kingdom as well by our own manufactures, as by ye re-exportacon of East India goods and other foreign goods from hence but will also take off their hands, wch. might be employ'd more to the benefitt of this Kingdome, in planting and raising sugars and other commodities of that Island to be ship'd home for the supply of our own and forreign marketts from hence, to the prejudice of the Trade and Navigation of this Kingdome. (ii) The said Act in Section 5 allows forreign vessells to trade to Jamaica, which is contrary to the Acts of Trade, and allso subjects every vessell as well Brittish as forreign to a forfeiture of the vessell, with her tackles etc. and lading, if either the master or owner of the goods shall land the same before entry, wch. may be a great hardship on the Brittish and Plantacon owners, not only with respect to their shiping but likewise to their goods by forfeiting the whole lading, tho' but part thereof be landed before entry, etc., and the owner suffer by default of the master or merchant, and the mercht. by the act of the master etc. (iii) In the last clause directing in what manner the penalties shall be recovered, it is declared that no non vult ulterius prosequi shall be entred or allow'd, etc. which is an encroachment on the prerogative of the Crown. Encloses following. In case H.M. shall disallow of this law, and that the Assembly of Jamaica shall hereafter pass another for the establishing ports there, the Commrs. desire that the same may not take place till the officers are effectually provided for, according to the intention of the present Act. Signed, Cha. Carkesse. Endorsed, Recd. 3rd, Read 7th April, 1719. Addressed. 2 pp. Enclosed,
138. i. Extract of letter from John Wright, Collector, and W. Norris, Naval Officer, Jamaica. Recd. 26 July, 1716. The merchts. in London have taken ye advantage of the Act referred to in preceding, and sent several ships directly to ye port of St. Anne, where there are two ships now in loading, and as the country will not pay the charge of officers there, those ships are at liberty to import and export contrary to ye Acts of Navigation and manifest injury to the 2 setled towns on this side while they have opportunities of defrauding the King of his duties on the other side which in time we fear will prove a great detriment to H.M. and the whole Island in general. ¾ p. [C.O. 137, 13. Nos. 24, 24 i; and (without enclosure) 138, 16. pp. 162–165.]
April 4/15.
Rio Essequibo.
139. Commandant Vanderheyden Rézen to the Director of the Dutch West India Co. Signed, P. Vanderheyden Rezen. Endorsed, Read, 30th June (N.S.) 1719. Dutch. 17¼ pp. [C.O. 116, 22. No. 3.]
April 4.
St. James's.
140. Order of King in Council. Approving of the Representation of 19th March, and ordering that Col. Thomas Morris be restored to his place in the Council of Antegoa. Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 9th April, 1719. 1½ pp. [C.O. 152, 12. No. 132; and (duplicate, Signed Edward Southwell and endorsed, Recd. 27th April, Read 18th June, 1719), No. 137.]
April 7.
Whitehall.
141. Mr. Popple to Mr. Burchett. Encloses copy of letter from the Governor and Council of South Carolina, (12th Dec., 1718), to be laid before the Lords of the Admiralty, " that their Lordships may please to give orders for such assistance to Carolina and H.M. other neighbouring Plantations as the publick service will admit." [C.O. 5, 1293. p. 168.]
[April 8].142. Petition of John Chamberlain, of Antegoa, to the Council of Trade and Plantations. Prays to be appointed to the Powder Office in Antigua, for collecting powder in pursuance of the Act there. No immediate Commission therefor has ever yet been granted to any person from H.M. " It is H.M. Prerogative, and will be for H.M. interest that such a Commission be granted" etc. Endorsed, Recd. 8th, Read 9th April, 1719. 1 p. [C.O. 152, 12. No. 133.]
April 9.
Whitehall.
143. Council of Trade and Plantations to Lt. Governor Spotswood. H.M. having been pleas'd on the petition of the Lord Guilford and our report thereupon to grant leave to Capt. Hart Deputy Governor of Maryland to be absent twelve months from that Government for the recovery of his health, we send you here inclos'd copies of the said petition and report, as likewise of H.M. Order in Council that you may take the security therein directed from the person who is to be Commander in Chief of Maryland during the absence of Mr. Hart. We have under consideration several of your letters and shall soon send you an answer to them. [C.O. 5, 1365. pp. 184, 185.]
April 9.
Whitehall.
144. Council of Trade and Plantations to the Queen. Whereas your Majesty has been pleas'd to declare by your Instructions to the Governor of Virginia, that if any Member of the Council in that Colony shall be absent from the said Colony for the space of above twelve months together without leave from the Commander in Chief there for the time being or shall remain absent for the space of two years or the greater part thereof successively without leave under your Majesty's Royal Sign Manual, his place in Council shall immediately thereupon become void, etc.; propose that Peter Beverley be appointed in the room of William Byrd (v. Sept. 17th). [C.O. 5, 1365. pp. 185, 186.]
April 10.145. Lords Proprietors of Carolina to the Governor and Council of South Carolina. The Rectory of Charles Town, having not been regularly conferr'd upon any person, since the death of Mr. Gideon Johnson; and having been frequently mov'd by the gentlemen of the Province to send a Clergyman properly qualified for the discharge of such a trust; we do appoint the Revd. Mr. Anthony Alsop Batchelor of Divinity to be rector etc. We desire you will shew him all the favour and kindness that he deserves etc. Signed, Carteret, P.; M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. pp. 136, 137.]
April 10.
Whitehall.
146. Council of Trade and Plantations to Mr. Secretary Craggs. Reply to Nov. 20th. We have consider'd the Address of the House of Burgesses of Virginia, and have thereupon to observe, First that the manner of conveying or presenting the said Address by a person nominated as Agent by the Burgesses alone exclusive of the Lieut. Governor and Council is not only very extraordinary but contrary to H.M. Instructions which do not allow of such separate Addresses unless in cases where the Burgesses have matter of complaint against the Governor and that upon application to him the Governor refuses to transmit their Address, and it does not appear that the House of Burgesses of Virginia made any application to the Lieut. Governor to transmit their said Address in order to be laid before H.M., neither does the same contain any complaint agst. the said Lieut. Governor, but against the power invested in him by H.M. Instructions, etc. Besides as we are informed by the said Lieut. Governor the House of Burgesses in order to the conveying this Address in a manner suitable to their own humour, resolv'd to appoint a particular Agent, and to this purpose prepar'd a Bill whereby the Burgesses impower'd themselves barely by a resolve of their House to name any person to be their Agent, and by the like resolve to change him and put in another as often as they might please, and likewise by the same power of a resolve to pay such Agent what sums they might think fit without any concurrence of the Govr. and Council; but the said Bill having been rejected, a vote pass'd the House of Burgesses appointing Mr. Byrd their Agent, and assuring him of a suitable gratification for his trouble. This method of transmitting Addresses by another channel than thro' the hands of the Governor or Commander in Chief (except in cases of complaint or refusal as aforementioned) was particularly disapprov'd of by her late Majesty's Order in Council of 21st May, 1702, and by her letter to the Governor in June following in the case of an Address sent from Virginia and presented by Mr. Byrd in the same manner that this has been; It is observable that the Burgesses of Virginia have in this case taken upon them not only to appoint an Agent of their own (tho' there be an Agent of the Province here) but also to dispose of the publick money without a law for that purpose or the concurrence of the Governor and Council, who is instructed not to allow of such proceedings, which if not discourag'd may prove very prejudicial to the good Government of the Plantations. Concerning the subject matter of the present Address we must observe that in one part of it the Assembly desires the revocation of an Instruction which is genl. to all H.M. Governors in America, and was given in pursuance of an Order in Council the 31st July, 1717, by which Instruction the Governors are requir'd not to pass any Act which may any way affect the Trade or Navigation of this Kingdom without a clause expressly declaring the said Act not to be in force till approv'd by H.M., His heirs or successors; We are surpriz'd to find that any objection should be made to an Instruction of this nature since it can never be suppos'd that the Plantations had or could have the power of making any laws which might be prejudicial to the Trade and Navigation of this Kingdom, for whose benefit and advantage the Plantations were first settled and have been and still are maintain'd and protected at a vast expence from this Kingdom. As to the other part of the Address desiring that the Judges of the General Court who are the Members of H.M. Council may be the only Judges of the Courts of Oyer and Terminer, we made a report to H.M. some time since (a copy of which we here inclose) and transmitted to the Governor the opinion of Sr. Edward Northey then H.M. Attorney General upon that subject, and have been inform'd that the Council of Virginia, who were the chief promoters of this claim of power for themselves have since acquiesc'd in Sr. Edward Northey's and our opinion concerning it. [C.O. 5, 1365. pp. 187–191.]
April 10.
Whitehall.
147. Same to the King. Recommend Cole Digges as a Member of Council of Virginia in the room of Edmund Barkley, decd. [C.O. 5, 1365. p. 192.]
April 16.
Whitehall.
148. Council of Trade and Plantations to the King. Representation upon Act of Jamaica, 1714, for ascertaining the number of ports of entry etc. Quote objections urged by Commissioners of Customs April 3rd, q.v. Conclude: We therefore humbly offer that your Majesty should be pleas'd to declare your disapprobation of the said Act as being repugnant to the Acts of Trade and Navigation of this Kingdom, and consequently in its own nature illegal, null and void. And further that your Majy.'s Governor of Jamaica may be strictly enjoin'd not to give his assent to any new Act for encreasing ye number of ports of entry in that Island, unless there be a clause to suspend the execution of such Act untill your Majesty's pleasure shall be known concerning the same. [C.O. 138, 16. pp. 165–169.]
April 17.149. Lords Proprietors of Carolina to Col. Rhett. Warrant to pay Rev. A. Alsop £100 yearly and a gratification for assize sermons etc. (v. April 10th). Signed, Carteret, Palatin; M. Ashley, J. Collecton, J. Danson. [C.O. 5, 290. pp. 137, 138.]
April 17.150. Same to Francis Yonge, Surveyor General of South Carolina. Warrant for passing a grant of 500 acres to Rev. A. Alsop. Signed as preceding. [C.O. 5, 290. pp. 138, 139.]
April 17.151. Same to Same. Warrant for surveying and setting out for us our heirs and assigns upon the Yamasee lands, and as near Port Royal as you can, fifteen baronies consisting of 12,000 acres each barony, one fourth part of every barony must front a river where the lands do lye, and the rest in a direct line backwards as near as may be; you are to give them names according to their several and respective situations, and you are to transmit to us by the first opportunity. Signed as preceding. [C.O. 5, 290. p. 139, 140.]
April 17.152. Mr. Shelton to Francis Yonge. I have receiv'd your letter of 3rd Feb., with the account of the lands pass'd your office since 1716 to 30th Dec. 1719 (sic), the Lords take your compliance with their orders very well and after having read your accot., have order'd it to be further consider'd of at the next Board. Refers to preceding warrant. Continues: It will be agreeable to the Lords if you despatch that as soon as you can and I will venture to promise you that you shall have an order for your money as soon as you have finished that matter etc. The Lords say you have omitted to mention by whose warrts. the sevl. parcells of land were set out and the dates of them, which they desire you to send by the first opportunity. Signed, R. Shelton. [C.O. 5, 290. p. 141.]
April 18.
N. Yorke.
153. John Riggs to Charles Delafaye. Repeats gist of 2nd Feb., q.v. "No ships as yett arived heare from Europe, so have no newse … our best services atends dr. sister with all yr. dr. famylie, perticulerlye dr. Malboro Mobb" etc.
P.S. Coll. Ingoldesbe died ye first of March etc. H.E. has been ill most of ye winter of a rumetissem, he is now somthing better. Signed, John Riggs. Addressed. Postmark. 1¼ pp. [C.O. 5, 1092. No. 7.]
April 20.
Whitehall.
154. Mr. Secretary Craggs to the Governor of Placentia. Gives Instruction as requested by Board of Ordnance, 2nd March. Signed, J. Craggs. Copy. 1 p. [C.O. 217, 31. No. 20; and 324, 33. p. 221.]
April 20.
Admiralty Office.
155. Mr. Burchett to Mr. Popple. Reply to 7th April. My Lords Commrs. of the Admiralty intend to send a frigate thither as soon as possible etc. (v. 12 Dec. 1718.) Signed, J. Burchett. Endorsed, Recd. 20th, Read 21st April, 1719. Addressed. ½ p. [C.O. 5, 1265. No. 120; and 5, 1293. p. 169.]
April 22. May 3.
Rio Essequibo.
156. Commandant Vanderheyden Rézen etc. to the Directors of the Dutch West India Co. Signed, P. Vanderheyden Rézen and three others. Dutch. 5 pp. [C.O. 116, 22. No. 4].
[April 22.]157. Merchants trading to New York to the Council of Trade and Plantations. Objections to the Act of New York for paying debts etc. (v. April 9, and 23, 1718.) No signature. Endorsed, Recd., Read 22nd April, 1719. 3 pp. [C.O. 5, 1051. No. 81.]
April 23.
Whitehall.
158. Mr. Popple to Mr. West. Encloses for his opinion thereon Acts of Barbados 1717–1718. [C.O. 29, 13. p. 504.]
April 23.
Whitehall.
159. Mr. Popple to Mr. West. Encloses Acts of the Massachusets Bay, 1718, for his opinion thereupon etc. [C.O. 5, 915. p. 266.]
April 24.
Whitehall.
160. Council of Trade and Plantations to the King. Recommend that H.M. declare his disapprobation of the Act of the Massachusets Bay, May, 1718 for granting unto H.M. several rates and duties of impost and tonnage of shipping. Continue: Contrary to the Acts of Trade 15 Car. II and 3rd & 4th Annæ, this Act allows the importation of all sorts of wines and commodities directly from the place of their growth, and charges them with a double duty, if imported from this Kingdom etc. It lays a duty of 1 p.c. on all English merchandizes, and not half that on any other goods; and as a further discouragement to the British Trade and Navigation lays a duty of tonnage on all shipping, except that of the Massachusets Bay, and of some few of its neighbouring Colonies etc. Forasmuch as this Act seems designed to be an annual one, propose that the Governor be enjoined forthwith to declare H.M. disapprobation, in case it shall have been re-enacted this year etc. And to prevent so pernicious a practice for the future, that H.M. Governor represent to the Council and Assembly, that as the power of making laws granted to them by their Charter is restrained to the condition, that such laws shall not be repugnant to the Laws of this Kingdom, they will do well to consider how far the breaking this condition and the laying any discouragements on the shipping and manufacture of this Kingdom, may endanger their Charter, and that the Governor be reminded of his Instructions etc. Set out, A.P.C. II. No. 1315 q.v. [C.O. 5, 915. pp. 267–270.]
April 24.
Portsmo. in New Hampshire.
161. Mr. Bridger to Mr. Popple. The winter being over and the people in a litle better order etc., reports:—I have kept the woods from being destroyed this winter, which was threatened to be destroyed at their pleasure, as they gave out some time agoe. This arose from that pernitious disloyal principle and opinion of Mr. Cook's that H.M. has no right or title to the woods here, wch. is so agreeable to the interest of thoese people, that it has prevailed as a general and recd, opinion thro' the country: and unless a great care be taken; and more power given the Surveyor, the woods will suffer etc. The Province of Main is 100 miles long and produces not only great numbers, but good and large mast trees, and easie for transportation. In this province there are now seteling some hundreds of people, and hundreds more are expected from Ierland this summer, wch. will very soon destroy all the pines in that Province. The other parts of this country now in time of the Indian peace are enlarging their setelments up into the woods above their old lines, wch. I have always deemed to be H.M.'s and have preserved them as such etc. This country has increased in people more in the last 7 years than in 20 before etc. Upon seteling of any new part, the first care is to build saw-mills, and they destroy all the large and best trees first etc. It will be impossible for one officer, more particularly for one stranger to preserve all the mast trees in so great an extent etc. Upon these considerations he has resolved to stay, the Governor having given his opinion that it was of absolute necessity, till a person arived to superseed him etc. Signed, J. Bridger. Endorsed, Recd. 22nd, Read 23rd July, 1719. Addressed. Sealed. 2 pp. [C.O. 5, 867. No. 42; and 5, 915. pp. 298–300.]
April 24.
Whitehall.
162. Council of Trade and Plantations to Governor Hamilton. We are now to answer your letters of 10th Sept., 14th and 20th Oct. and 4th Nov. last. We have laid before H.M. the accounts you sent us of the English ships taken by the Spaniards at Saltertudas. We send you a copy of the Memorial of the Danish Envoy desiring assistance for St. Thomas etc. (31st Dec., 1718) and our letter upon that subject (3rd Feb.). H.M. has been pleased to appoint Messrs. Duport, Pain, Garnet and McDowel, to be members of the Council of St. Christophers (v. 23rd Jan.), and to restore Col. Morris to his place in the Council of Antigua. We do not think it proper to recommend Colo. Valentine Morris, as you desire, to be a Member of the Council in each of the several Islands under your Government. This distinction seems to belong only to the Lieut. General of the said Islands. The Minutes of the Council and Assembly of Antigua, mention'd in your letter of the 4th Nov. as having been transmitted with it, were not brought to our Office in some time after we had recd. that letter; We still want the Minutes of Council and Assembly of the three other Islands under your Government as well as sevel. other accounts which you are requir'd by your Instructions to transmit regularly to us, and which we hope you will be very carefull and exact in doing for the future, that we may not be under a necessity of representing to H.M. your neglect of this part of your duty and that you may not have the least doubt what those accompts are, which we expect, we desire you will consider the following Articles of your Instructions. By the 22nd Article you are requir'd to transmit over hither authentick copies of all laws that are in force and that have not yet been sent, as also authentick copies of all such laws as shall be made for the future, within three months or by the first opportunity after the passing thereof; This has not been observ'd for we find many laws wanting in our Office, as we shall more particularly explain hereafter in the Article relating to the liquor and powder Acts. By the 23rd Article of your Instructions you are requir'd to send us your observations upon all laws that you shall pass. This Instruction you were put in mind of by our Secretary's letter of 24th Oct., 1717; it is absolutely necessary for us to know the particular reasons for passing each law. You are also requir'd by the 24th Instruction to send over a compleat collection of all the laws in force in each Island (of which you were reminded likewise by our Secretary's foresaid letter) the Collection we have, being very imperfect, and in a very confus'd method; And therefore that such collections may be of use, you are to take care (as you have been formerly directed) that the Laws of each Island be in a separate volume by themselves and that the laws of the Genl. Assembly of the four Islands, be also in a volume by themselves. The 34th Article directs upon pain of H.M. highest displeasure, that you transmit every half year or oftener fair books of accompts of all payments and receipts of publick money. This we desir'd of you by our letters of 4th of August 1715 and 4th Octr. 1717, and our Secretary reminded you of the same, 24th Oct. 1717. However we have not receiv'd any such accounts from you. You say indeed, 10th Sept., that you have often recommended this matter to the Councils and Assemblys but have not been able to get the accounts from them; We can't think this a satisfactory answer to us because we do not see there was a necessity of applying to the Councils and Assemblies about that matter for you shou'd have given your orders to the respective Treasurers or Receivers of each particular grant of the Revenue, who seem to be the proper persons to make out such accounts, as also to make up the ballance of the receipts and charges or expences of each particular Government; and therefore we must insist upon it that you comply with this Instruction without delay. By the 41st and 42nd Articles you are to send Journals of the Councils and Assemblies. In your letter of 10th Sept. last, you say you had sent us an accompt of the imports from the Maderas, but no such accompts were inclos'd in that letter of yours nor have we as yet receiv'd them. We must further put you in mind, that you have not hitherto comply'd with the 43rd, 51st, 59th, 60th, 69th, 70th, 72nd, and 74th Articles of your Instructions. As it is necessary that we shou'd be particularly informed of ev'rything relating to your Government, we must further remind you of your 40th Instruction relating to escheats, and to the 76th relating to the transmitting Naval Officers Accounts, tho' you say 10th Sept. that there have been no escheats since your Government, and that you have only confirm'd what had been granted by former Governors, yet you ought to have sent us an accompt thereof, that we might be informed how and to whom the lands or estates, that have been escheated to the Crown, have been dispos'd off. We reminded you, 4th Aug. 1715, of your 59th Instruction requiring an accompt of the number of white men etc. in each Island etc., to which you say, 5th July, 1717, that it was impossible for you at that time to give a distinct and satisfactory answer; However we shall expect to have it by the first opportunity. Refer to Representation upon Act for laying an additional duty on wines etc. (Dec. 24, 1718). Continue: When H.M. pleasure is declar'd thereupon, we shall write to you more particularly concerning this Act; in the mean time we shall only observe that this Act revives an Act pass'd in 1717 with the same title, which has not been sent to us, and therefore for that reason alone, we coud not have laid it before H.M. for his approbation; We have no Acts in our Office for levying of money or for laying duty's for the publick charges of the Government since those which expir'd in 1716; But we find by the Act of 1718, that there was a liquor Act as aforesaid pass'd in 1714, which has not been sent to us. Wee have not laid the Powder Act before H.M., because it revives a former Act pass'd in 1714, wch. wee had not in the Office nor did we know the contents of it till we receiv'd a copy of it with the duplicate of your letter of 14th Oct. last. But that copy not being under the Seal is not authentick, besides as this Act is liable to some objections, which are the same as those we laid before H.M. against the Additional Duty Act, H.M. determination on this Act will serve for your direction about the powder Act. We have examin'd the accompt of the present state of the French part of St. Christophers, but cannot well understand some of the Articles, particularly in the column of Town Lands: we find that several persons have the lands granted to them by feet. For instance James Milliken has 64 and 84 wch. we suppose must mean 84 feet long and 64 broad. But then Jno. Newth has 5460 without mentioning any breadth; whether that is intended to mean, so many feet square, we do not know. We hope to receive from you a more ample and exact accompt of these lands. We have one thing more to desire of you, which is that all your letters and packets, laws, journals, etc. intended for us, be transmitted directly to us at our Office and not sent under cover to private hands; For besides the inconvenience there may be by such persons keeping letters longer than they ought, as has happend in the case of your lre. of 26th Oct., which we receiv'd not till the 23rd Dec. and after the receipt of your letter of the 4th Novr., there may happen sevl. other inconveniences by that means. [C.O. 153, 13. pp. 395–404.]
April 24.
Whitehall.
163. Mr. Popple to Governor Hamilton. Besides what the Lords Commissioners for Trade have writ you this day, I am to take notice of one thing which may often be attended with ill consequences; and that is that some of the Govrs. in the Plantations have sent to their Agents here exact copies of the letters they write to the Board whereby it has sometimes happend that these Agents kept in their hands the packets intended for the Board and petition'd the King for some particular thing mention'd in the letters whereof they had copies; and the thing has been granted before the Board have seen the letters to them on that subject. And at other times some parts of such letters have been printed in the Newspapers before the Board have seen them. This you will easily believe ought not to be done. 'Tis true indeed all Agents ought to be thoroughly instructed in the particulars of the Government they represent which may easily be done without giving them transcripts of the letters from the Governours to the Board. This I thought necessary to advise you of as a Friend, that you might not at any time do the same thing. There is a private Act of Antegoa, to enable Arthur Freeman etc., which lies by unconfirm'd, because there is no body here that applies on the behalf of the persons concern'd to have it laid before the King. Mr. Nivine indeed did desire to have it confirm'd but then he declar'd that he was not authorized by the persons, interess'd in the Act for so doing. And therefore their Lordps. have thought fit to let it lye by till some person authoriz'd do appear for it. Upon this occasion, I must observe that it will be necessary for the future, that when any private Bills are sent over, the persons concern'd in those Acts, do appoint some others here to sollicit the dispatch of them, otherways they will be laid aside till that be done. [C.O. 153, 13. pp. 405–407.]
April 28.
South Carolina.
164. Extract of letter from Col. William Rhett to his son William Rhett junr. in Londo. Some time after our Assembly broke up two or three of the Creek Indians that were related to the Huspaw King (who first began the Yamasee warr) proposed that if we would send a small party of men wth. them to St. Maries (wch. is a small place near St. Augustine) they were assured they could prevail wth. the Huspaw King to desert the Spaniards and bring over the Yamasee Indians with him to come and make a peace wth. us and returne to their former obedience under this Government. Collo. Barnwell undertook the management of this affaire and with a small party of men went with the three Indians to St. Maries and sent them into St. Augustine etc. Refers to following. Endorsed, Recd. 7th, Read 15th July, 1719. 1 p. Enclosed,
164. i. Extract of letters from John Barnwell to Governor Johnson. April 20, 1719. St. Maria. The three Creek Indians I sent to St. Agustine are returned, haveing fled out of St. Augustine, and haveing found ye Huspaw King in such a temper, that they durst not deliver their errand; the Spaniards haveing made him Chief Generall of 500 and odd Indians to come immediately against us, he was carried about ye town in triumph with drums and trumpets before him, and they had received their ammunition, and was to set out on the 21st instant by water, haveing sent 70 by land wth. 30 warriers to fall upon Pon Pon, and there is 30 more to follow wth. 7 Spanish horsemen, or mulattas to head them, but ye main strength is to come by water, but they can't tell wether Spanyards come with them. One of these Indians being a relation to ye Huspaw King thought he could sound him, but found him threatning us to that degree and yt. he and all his people were drunk, and makeing merry, that he durst say nothing to him, but was so strictly examined, that so soon as 'twas night they fled. There is but one small sloop in their harbour, and they have withdrawn their look outs, and settlements within hearing of their turn, they know that we have warr with them, and tell ye Indians we are ye greatest enemies they have, and yt. they will buy our heads and horses at ye same price. You will find yt. by this account our Southward will be exposed to dreadfull depradations, I beg yr. Honrs. assistance, suddenly there being no time to spare. I send ye whaleboat by sea, but come within land myself in my cannoe to allarm ye settlements. I am so fatigued, and ye merrywings torments me to that degree while I write upon my knees, that you may well excuse any imperfection. P.S. I ordered ye whaleboat to put in at Port Royall and send a cannoe to Wilton or Palmer, where they are to get a horse. Pon Pon I fear much because I perceive ye smoaks of ye land parties to be a head of me this day. Signed, John Barnwell. Copy. 1 p. Overleaf,
164. ii. Same to Capt. Beamour. 21st April. Send this [i.e., preceding letter. Ed.] away immediately. Let young Bryan go to Combee to save his father's slaves, write a letter to Capt. Jackson and Major Cockrane. I beleive ye best way is to send ye express to Palmers. I hope to be in five days after to-day at home, if God permit, for I will come night and day; but ye whaleboat may be with you in 24 hours. Get ye inhabitants in armes, and send to Bennets Point for corne in time. Copy. ½ p. (v. 28th April). [C.O. 5, 1265. Nos. 127, 127, i., ii.]
[April 28.]165. Anonymous paper objecting to the New York Act for paying debts, etc. 6¾ pp. [C.O. 5, 1051. No. 90].
[April 28.]166. Governor Hunter's Order to the Justices of Suffolk County. The signers and promoters of the petition to H.M. are to be apprehended and sent to me in Council etc. Nov. 29, 1717. Signed, Robt. Hunter. Endorsed, Recd., Read 28th April, 1719. Copy. 1½ pp. [C.O. 5, 1051. No. 91.]
April 28.
Jamaica.
167. Governor Sir N. Lawes to the Council of Trade and Plantations. Acknowledges letter of 5th March. I have given H.M. Attorney General the necessary orders to prosecute the affair [of the money due to the Victualling Office], etc. Refers to enclosed reply relating to M. Bonfils. (No. i.) Continues: in which your Lordships will please to observe the difficulty we lye under in prosecuting the offenders in order to render satisfaction to the sufferers. I shall do my utmost to comply with H.M. pleasure in every particular. But I should be glad your Lordsps. wou'd do me the honor to explaine in a fuller manner how H.M. pardon to the pirats is to be understood. I have told Mr. Bonfils and other sufferers that whatever goods or effects can be proved to be in the hands of any persons under my Government which they can anyways legally claim, that in such case wherever it appeared I would do them all the service in my power to obtain restitution. But your Lordships will please to consider that if the pirats after they have received H.M. pardon for the offence and have not wherewithall to make satisfaction to those they have injured should be clapt up in goal, it would render H.M. gracious intentions towards them in a great measure ineffectual and deter others from coming in, and I am really persuaded the prosecution which has already been commenced against Jennings has had a bad effect not one of the pirats having surrendered to me since that time. The Council of War (v. 24th March) mett on the 7th inst. A coppy of my speech to them I send you inclosed: the majority were of opinion that there was no emediate occasion for putting Martial Law in force. Some days agoe Mr. Daniell who acted as Secretary of this Island, died. I have appointed Mr. Baillie to fill up that vacancy (in the manner prescribed by my instructions) till H.M. pleasure be further known, and I make no question but he'l give intire satisfaction and prove a good officer, having behaved himself well ever since I have known him, and as he brought me a letter of recommendation from your Lordsps. etc., so I hope what I have done for him will be intirely agreable to your Lordsps. There has little else material hapned since my last, only that I have just now received the news of one of our privateers having taken a Spanish privateer and brought her into a harbour on the North side of this Island. I am sorry I have it to say, that H. M. ships of war attending this Island have either been so stationed as not to have been in the way of the pirats and Spaniards, or else have had the misfortune not to meet with them. Signed, Nicholas Lawes. Endorsed, Recd. 22nd, Read 26th June, 1719. 5 pp. Enclosed,
167. i. Extract of letter from Governor Sir N. Lawes to Mr. Secretary Craggs, Jamaica, 28th April, 1719. I have had delivered to me by M. Bonfils your letter of 25th July etc., relating to the capture of the L' Aimable Marie said to have been taken by five vessels belonging to this Island, one of which only appeared upon examination to have had a Commission from the Lord A. Hamilton (vizt.) Henry Jennings, who gave bond in £1,500. The others having had no commissions consequently gave no security etc. But before I received H. M. commands relating to Mr. Bonfils, another French gentleman one Le Gardeur who had likewise been a sufferer by Jennings and had been for some time in this Island solliciting for restitution petitioned me in Council to have his bond delivered up in order to be put in suit, which upon proof made of his losses before us, it was accordingly delivered to him and judgment was obtain'd thereupon in the Supream Court of Judicature, from which judgment Jennings has appealed to me in Council, and the suit is now depending: His lawyers seem to be of opinion that as the bond was given to the King, the same is forgiven and included in H. M. pardon which Jennings pleads. I cannot yet informe you how this matter will be determined in Council. But I am afraid the steps which have been already taken with Jennings, which in justice to the sufferers I could not denye, has in some measure rendered H. M. gracious intentions to the pirats ineffectual etc., as in preceding, so that I am really apprehensive that prosecutions of this nature may be of dangerous consequence to the publick, and make the pirats desperate who are yet out in great numbers. On the other hand, certain it is, that M. Bonfils and others have been very great sufferers by them. But as H. M. has been graciously pleased to forgive the offence, and they having nothing wherewithall to make satisfaction, I shall advise with the Council and the Attorney Genll. the propperest measures to be taken with respect to such prosecutions that H. M. intentions may be rendred effectual, and I shall likewise do Mr. Bonfils and the other sufferers all the service in my power. Same endorsement. 3½ pp.
167. ii. The Weekly Jamaica Courant, Numb. xlvii. April 15, 1719. Reports proceedings of a Council of War held 7th April, which rejected H. E.'s proposal to put Martial Law in force, in view of the declaration of war with Spain etc. Printed. 4 pp. [C.O. 137, 13. Nos. 31, 31 i., ii.; and (without enclosures) 138, 16. pp. 215–219].
April 29.
Whitehall.
168. Council of Trade and Plantations to Governor Johnson. Acknowledge letter of 18th June and 12th Dec., 1718. Continue:—We have not received any letter of 21st Oct. last referred to in this last. Your accounts relating to the pirates were transmitted to Mr. Secretary Craggs, and your request that a ship of war may be sent for the assistance and protection of your Government having been recommended by us quote Admiralty No. 155. We should be glad to have answers from you to the enclosed questions, Annexed,
168. i. Queries to Collo. Johnson (i.) We desire you to inform us as particularly as you can of the present state of the Province of Carolina. (ii.) What number there is of inhabitants? How that number is increased or decreased of late years? and what is the number of the Militia? What forts or places of defence are there in the province, and in what condition are those forts? (iii.) What is the strength of the several Nations of Indians in the neighbourhood of Carolina? and are there inclinations for us or for the French or Spaniards? (iv.) What is the condition of ye Spanish settlement at St. Augustine? What advantage might it be to the Government of Carolina to have this place taken from the Spaniards? and by what means this might be most easily accomplished? (v.) How the French settlements on ye River Missisippi may affect the people of Carolina? whether they have seized the Fort of Pancicola, belonging to the Spaniards and what can be done to prevent any hazard or inconvenience Carolina may be exposed to from these settlemts.? (vi.) What trade is there in that Province by exportation or importation? How and in what particulars is the trade thereof increased or decreased of late years, and what hath been the reason of such increase or decay? (vii.) What number of ships or other vessels are there belonging to the Province, where built, and what number of seafaring men? (viii.) What manufactures are settled there, of any sort whatsoever. Are there any mines and of what sort? [C.O. 5, 1293. pp. 169–171).
April 29.
St. James's.
169. H. M. Grant to Robert Cunningham and Judith Elizabeth, his wife, of the land in St. Kitts granted to Elizabeth Salenave, her mother, who bequeathed it to them, but died before the Governor passed the patent granted to her for the same, 8th Sept., 1716. (v. C. S. P., 5th May, 1714, 13th May, 1715, etc.) Countersigned, J. Craggs. [C.O. 324, 33. pp. 222–227].
April 30.
Whitehall.
170. Mr. Popple to Mr. Lowndes. Desires 50 printed copies of the Act passed in the last Sessions of Parliament in which is the clause relating to pitch and tar, in order to be sent immediately to such of the Governments in America where those commodities are produced. [C.O. 389, 27. p. 108].
April 30.171. Governor Philipps to the Council of Trade and Plantations. Since I had the honor of wayting on your Lordships yesterday, have seen Mr. Craggs, who has appoynted Monday next for considering the state of Nova Scotia etc. Signed, R. Philipps. Endorsed, Recd., Read 30th April, 1719. 1 p. [C.O. 217, 2. No. 65; and 218, 1. p. 397].
April 30.
Whitehall.
172. Council of Trade and Plantations to Mr. Secretary Craggs. Having lately received letters from Lt. Governor Doucett, and been attended by Governor Philipps, who prays to be dispatched to his command; we desire you will move H.M., that his royal pleasure may be declared upon our Representation of 30th May. We have little to add to it, but the inclosed extracts from Cap. Doucett's and Cap. Aldridge's letters will shew how necessary it is some directions be immediately given on the points laid before H.M.; more particularly as to the sending a Commissary in order to the settlement of ye bounds of that Province, and a man of war for preventing the illegal trade complain'd of in the sd. extracts which the French at present carry on; and to protect ye trade and fishery of H.M. subjects there. As to the presents expected by the Indians, we were of opinion in our former report, that there would be no great necessity of sending them till Col. Philips should have been settled some time in the Governmt. there, but since the making of that report, being informed by repeated advices from those parts that the Indians have been given to hope that we shall treat them at least as well as the French do, who have gained and keep them in their intrest chiefly by presents, we would submit to H.M. whether it may not be for his service, that some cloathing and utensils of small value, should be sent with Col. Philipps, to be distributed to the Chiefs of the Indians if he shall judge it necessary as an earnest of ye favours they may expect on their dutiful behaviour towards H.M. and his Governmt. there. P.S. Enclose papers received from Governor Philipps since the writing of what is above. [C.O. 218, 1. pp. 398–400; and (duplicates of Nos. 129. i., 137. v., vii., 102. i., and July 23, No. i; and C.S.P. 1718, Dec. 13th, covering letters and enclosures Nos. i., iii., v.; and Nos. 565. v, 635. i.) 217, 31. Nos. 16, 16. i–xi.]