America and West Indies
May 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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85-101

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'America and West Indies: May 1719', Calendar of State Papers Colonial, America and West Indies, Volume 31: 1719-1720 (1933), pp. 85-101. URL: http://www.british-history.ac.uk/report.aspx?compid=74069 Date accessed: 19 September 2014.


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May 1719

May [—],
Antigua.
173. Governor Hamilton to the Council of Trade and Plantations. Your Lordship's letter of the 8 of August last I received a few weekes ago, and in obedience to your commands, I shall use my utmost endeavours for answering the querys etc. But many will require time to gaine information etc., and therefore I omitt troubling your Lordship's with answering to part, believing it will be more methodicall and satisfactory at once to answer the whole, which I shall do with all the exactness and expedition that the nature of the matter will admitt of, and by the same opertunity I shall transmitt your Lordships the best account I can gett of the time when the Danes first began theire settlement at St. Thomas's etc. But it is so long ago, that I fear it won't be possible for me to discover any matters of consequence here in relation to that affaire etc. Refers to Sir W. Stapleton's representations etc. "Which I presume may be found in the offices at home, from whence it is most likely that your Lordship's will gett better intelligence than I can pretend to hope for from hence, in regard transactions of that kind have seldom or ever been put on record in these Islands by former Governours. But if they had, it would now give us but little help, the said records in most of the Islands of that date being destroyed, either by the enemy or hurricanes. The Governor of Porto Rico never gave any answer to the demand that I made on behalf of H.M. subject's that were carried off Crabb Island. However most of them are returned. But all theire effects are kept and detained from them, so that whenever it shall please God to put an end to the warr between the two Crownes, I hope your Lordship's will endeavour to gett restitution to be made to those poor distressed people. I take notice of what your Lordships direct about the Act past at Mountserratt for quieting possessions etc., which I shall communicate to the Councill and Assembly of that Island, to the end they may (if they see fitt) prepare another Act for the same purpose not lyable to the objections against the present etc. I formerly communicated to the Assembly of this Island what your Lordship's directed in relation to the Act to prohibit foreign sugars, etc., but as yett have had no answer from them about it, so I have nothing more to offer against the said Acts being disapproved. I now send your Lordship's the rest of the minutes required of me, except that of the Assembly of Mountserratt, which the Clarke has not as yett sent. I also send two copy's of licences of absence for two Members of H.M. Councill, the one for Azaria Pinney Esqr. of the Island of Nevis, by reason of his great indisposition, the other for William Garrish, Esq., alledging his affaires in Great Britaine required his goeing thither, which forlove's I hope your Lordship's will approve of, Coll. John Bramble being returned to the Island of Mountserrat, who formerly declined serving by reason of his being most part of his time at the Island of St. Christopher's, is now desirous to serve H.M. as one of the Councill for that Island. I intend to order him to be sworne accordingly, he being a person thoroughly well affected to H.M. person and Government, and has a verry considerable estate in that Island, which I hope your Lordships will approve of. Signed, W. Hamilton. Endorsed, Recd. 7th Aug., Read 16th Sept., 1719. Holograph. 2 pp. Enclosed,
173. i. Governor Hamilton's licence of absence for William Gerrish for 6 months (v. preceding) 18th May, 1719. Signed and endorsed as preceding. Copy. 1p.
173. ii. Governor Hamilton's licence of absence for Azariah Pinney for 6 months. Dated and signed and endorsed as preceding. Copy. 1 p. [C.O. 152, 12. Nos. 152, 152. i, ii.]
May 1.
Whitehall.
174. Council of Trade and Plantations to the King. Report upon Act of Pennsylvania, 1718, for the advancement of Justice etc. This Act does allow the Quakers to be Judges, Justices, Jurymen and witnesses in criminal and capital matters upon their taking such a solemn affirmation, as the several Acts of Parliament in Great Britain, would qualify them to be witnesses in civil cases, which affirmation so to be taken is likewise to have ye full effect of an oath in any case whatsoever in that Province: But all persons that shall be convicted of falsly and corruptly affirming or declaring any matter or thing, which if it had been upon oath would have amounted to perjury, are to incur the same penalties as persons convicted of wilful perjury to incur by the laws of Great Britain; and tho'd this is a much greater indulgence to the Quakers than is allowed them here, yet considering that almost all the inhabitants of that Province are Quakers, and that without the qualification proposed by this law it will be very difficult if not impossible to have Justice administered there, we have no objection why your Majesty may not be graciously pleased to confirm the said Act. [C.O. 5, 1293, pp. 172, 173.]
May 1.
Whitehall.
175. Mr. Popple to Richard West. Encloses two Acts of Virginia, (i) for settling the titles and bounds of lands and for preventing unlawful shooting and ranging thereupon (1713), and (ii) declaring what shall be accounted a sufficient seating planting cultivating and improving of patented lands etc. The Council of Trade and Plantations desire your opinion whether lands patented or granted in Virginia before the making the former or either of the said Acts be subject to the penalties of those Acts relating to the not paying of Quit rents, the occasion of this question you will see by the inclos'd extract of Colo. Spotswood's letter dated 22nd Dec. last. [C.O. 5, 1365. pp. 194, 195.]
May 1.
Whitehall.
176. Same to John Lloyd, Secretary of the Post Office. If is be thought necessary to send Colo. Spotswood any directions upon the extract of his letter transmitted 22nd Aug., desires that it may be communicated to the Board as soon as conveniently can be, their Lordps. being about dispatching their letters to that Colony. [C.O. 5, 1365. pp. 195, 196.]
May 2.
Whitehall.
177. Bryan Wheelock to Richard West, K.C. In absence of Mr. Popple encloses for his opinion thereon two Acts of New York, (1) reviving an Act for the easier partition of lands in joint tenancy etc., (ii) explaining Acts for granting a supply for support of the Government, 1715, and putting a duty upon vessels etc., 1716. [C.O. 5, 1124. p. 90; and (corrected draft) 5, 1079. No. 107.]
May 5.178. Mr. Popple to Mr. West. Encloses extract from Governor Hamilton's letter, 10th Sept., 1718 (relating to the purchase of negroes from the Dutch), and desires his opinion thereupon. [C.O. 153, 13. p. 407.]
May 6.
St. James's.
179. H.M. Letters Patent continuing the office of "Provost Martial General" of Jamaica to Richard Rigby for life etc. Countersigned, J. Craggs. [C.O. 324, 33. pp. 228. 229.]
May 6.180. Mr. West to the Council of Trade and Plantations. Reply to May 2. I have no objection to such part of the Act of New York for reviving an Act for the easier partition of lands, etc. as only revives that Act etc. But I am of opinion that the additional clause is not proper to be pass'd since by that clause all tennants in common without distinguishing the different interests which they may chance to have in their lands after partition made by agreement amongst themselves in writing are to hold their lands to them and their heirs whereby a wrong may be done to other persons since a man who is only a tennant in common for terme of life or for years etc. with others who are tennants in fee may by the generall words in this clause after having duely executed an agreement for the partition of lands claim to himself an estate to him and his heirs by which means the person entituled to the inheritance after his death or other sooner determination of his estate would be highly injured. I have no objection to the Act explaining the Act for a supply to be granted to H.M. etc., it being sufficiently provided that the inhabitants of Great Brittain should pay no other duty than what the people of New Yorke are lyable to themselves, for the consideration whether the inhabitants of Great Brittain should be subject to any dutys at all by virtue of their Acts of Assembly is proper to be determined only by your Lordshipps. Signed, Richd. West. Endorsed, Recd. 6th., Read 8th May, 1719. 5½ pp. [C.O. 5, 1051. No. 92; and 5, 1124. pp. 92, 93.]
May 7.
St. James's.
181. Mr. Secretary Craggs to the Council of Trade and Plantations. Refers following for their report. Signed, J. Craggs. Endorsed, Recd. Read 15th May, 1719. ¼ p. Overleaf,
181. i. Petition of Lord A. Hamilton to the King. Prays H.M. directions for the payment of his share in the prize Kensington, which he deposited with the Provost Marshal, upon application of the Spanish agent, no appeal having been entered. (v. supra.) 1 p.
181. ii. Receipt of the Provost Marshal of Jamaica for the money deposited and referred to in preceding. St. Jago Delavega, 18th Sept. 1716. Signed, James Rigby. ½ p. [C.O. 137, 13. Nos. 26, 26. i., ii.; and (without enclosure ii) 138, 16. pp. 179–182.]
May 7.
Whitehall.
182. Mr. Popple to Mr. Carkesse. Encloses Act of the Massachusetts Bay, 1716, stating the fees of the Custom House Officers within that Province, and enquires whether the Commrs. of Customs have any objection thereto. [C.O. 5, 915. p. 271.]
May 7.
Whitehall.
183. Mr. Popple to Mr. Burchett. Encloses Act of the Massachusetts Bay, 1716, in addition to the Act for regulating fees etc., and enquires whether the Lords Commrs. of the Admiralty have any objection to the fees of the officers of the Court of Admiralty stated therein etc. [C.O. 5, 915. pp. 270, 271.]
May 8.
Admiralty Office.
184. Mr. Burchett to Mr. Popple. Reply to preceding. My Lords Commrs. have no objections to the fees thus established, etc. Signed, J. Burchett. Endorsed, Recd. 9th., Read 27th May, 1719. Addressed. 1 p. [C.O. 5, 867. No. 36; and 5, 915. pp. 271, 272.]
May 8.
Generall Post Office.
185. Mr. Lloyd to Mr. Popple. Reply to 1st May. The Postmrs. General do not think it necessary for the Lords Commissrs. of Trade and Plantations to give any directions to Col. Spotswood upon the extract of his letter: but as he has acted for the benefit of H.M. Revenue by refusing his assent to a bill that would have discouraged the Post Office at Virginia, it is hoped he will receive their Lordships approbation. Signed, John Lloyd. Endorsed, Recd. 8th May, Read 18th June, 1719. 1 p. [C.O. 5, 1318. No. 65.]
May 9.
St. James's.
186. Order of King in Council. Appointing Cole Digges to the Council of Virginia, as recommended 10th April. Signed, Robert Hales. Endorsed, Recd. 22nd, Read 27th May, 1719. 1 p. [C.O. 5, 1318. No. 63.]
May 11.187. Memorandum of Commission appointing the Earl of Westmorland a Lord Commissioner of Trade in the room of the Earl of Holdernesse. Endorsed, Recd. Read 27th May, 1719. Slip. [C.O. 388, 77. No. 57.]
May 14.
Pensylvania.
188. Lt. Governor Keith to Mr. Secretary Craggs. Originals of Nos. 285 i–iv. q.v. [C.O. 5, 1266. Nos. 2, 2. i.–iii.]
May 15.
Albany.
189. Capt. John and Frances Riggs to Charles Delafaye. Return thanks for Commission received etc. (v. 2nd Feb.). Continue: Heare is posted twoo compenyes, and wee keepe in each of the two garrisons on ye frontears, at Schennectady and Fort Hunter in ye Mohacks Countrye, a Leiut. with a sargent corporall and droom, with 20 privett sentinalls, who receaves there orders from mee etc. as Ap. 18 etc. Signed, John and Fra. Riggs. 1 p. [C.O. 5, 1092. No. 8.]
May 18.
N. York.
190. Governor Hunter to Charles Delafay. I have receiv'd your two most obligeing letters. It is no small comfort to me that some men of merit think me worth room in their remembrance. Refers to his friendship for his brother Riggs, upon his account, etc., and the death of Col. Ingoldsby. "I have given that commission to Henry Holland, who is undoubtedly best intitled to it by his service and conduct. For Simms who would have upon the same grounds contested it with Riggs can claime by neither. I beg you'll assist me in this matter, etc. I have supply'd the other two vacancys by the half pay officers who I judg'd were best intitled and best deserv'd," etc. Signed, Ro. Hunter. Holograph. 3 pp. [C.O. 5, 1092. No. 9].
May 18.
Admiralty Office.
191. Mr. Burchett to Mr. Popple. H.M.S. Swallow, Capt. Chaloner Ogle, and the Seahorse, Capt. Wm. Martin, being design'd convoy to Newfoundland this year, etc., asks for Instructions and Heads of Enquiry for Capt. Ogle, Commodore, as usual. Signed, J. Burchett. Endorsed, Recd. 18th, Read 27th May, 1719. ¾ p. [C.O. 194, 6. No. 61; and 195, 6. p. 499].
May 18.
N. York.
192. Governor Hunter to Mr. Popple. Abstract. Hopes to sail soon for London. Will send next week the Acts past in New Jersey, wt. the Minutes of Council and Assembly. They have continu'd the support of Govt. there for two years, but he could not prevaile upon their stingy nature to establish an agent. He was bedrid dureing all that session and but partly recover'd now and has no hopes but in Aix la Chapelle. "Cox has writt to his friends that he has had a full hearing in Council. If he has new matter it were but just that I should be acquainted with it, if none I have answer'd the old but I am weary of this life." Hopes for orders relating "to the warr proclaim'd to the Southward." "Pray send over the Attorney Genl.'s opinion on ye whale fishing. I have surceas'd all demands on that score 'til I know what it is. The Assembly here is now mett and probably will continue the Revenue but I am afray'd only for a time, for they begin to smoake my design in spite of all my disguise. I hope I shall leave these Provinces in the condition they now are that is perfect peace and a good disposition, and that I shall be more able to serve Mr. Bampfield and his interests on the other side then I have been on this," etc. Set out, N.Y. Col. Docs. V. 521. Signed, Ro. Hunter. Endorsed, Recd. 29th June, 1719. Read 16th Aug., 1720. Holograph. 3½ pp. [C.O. 5. 1052. ff. 46–47 v.].
May 18.
Admiralty Office.
193. Mr. Burchett to Mr. Popple. H.M.S. Mary, Captn. Edward Vernon, and Mermaid, Captn. John Yeo, are bound to Jamaica. Captain Vernon is to take under his command the Diamond, Ludlow Castle and Happy sloop, now there, for the protection of the Island and the Trade. Signed. J. Burchett. Endorsed, Recd. 18th, Read 27th, May, 1719. Addressed. 1 p. [C.O. 137, 13. No. 27].
May 22.
Whitehall.
194. Mr. Secretary Craggs to the Board of Ordnance. Encloses copy of Orders to the Governor of Placentia, (v. 20th April). Signed, J. Craggs. [C.O. 324, 33. p. 221.]
May 23.
Boston.
195. Mr. Cumings to the Council of Trade and Plantations. Encloses sample of the wool of this country. The best sells at 2s. pr. lb. retail, etc. Continues: About 200,000 wgt. of wool is produced in a year, mostly upon Islands. A prœmium of 3d. pr. lb. to the importer into Great Brittain wold very much diminish the woolen manufactures here, etc. The fortifications are gone to ruine except the Castle att the entrance of this harbour, where 30 men is now kept, but 100 required etc. The forts att Salem and Marblehead are all gone to ruine which requires a considerable defence being the two chief ports etc., and whereas this Government has issued £150,000 loan money att 5 p.c. interest, proposes that the interest be applyed for building forts at Salem and Marblehead and repairing the batteries of Boston etc. Encloses exports from Boston. Midsummer—Christmas, 1718. If the duty upon hopps was lessened this country might send a considerable quantity yearly.
Exports:—hops, 100 bags; oyl, 1233 brls.; whalebone, 5 bundles; sturgeon, 195 kegs; rozen, 149 brls.; rice, 91 brls.; pitch, 3408 brls.: tarr, 6830 brls.; turpentine, 5536 brls.; fustick, 63 tuns; logwood, 11¾ tuns; brazeletto, 20¾ tuns; suger, 11 hhds., 26 teirces, 61 brls.; indigo, 15 brls., 4 boxes; staves, 400,000.
Imports:—Wines, from Madera, 186 pipes, from Fyall, 189 pipes; Foreign growth, from Cape Francois, molosses, 114 casks, suger, 4 brls.; from St. Thomas. 58 bags cotton wooll, lignum vitæ, 5 tuns; brazeletto wood, 1 tun 3 ct.; molosses, 8 teirces: white suger, 5 hhds.: suger, 26 hhds., 47 brls., cocoa nutts, 16 bags and 2000 wgt. From Suriname, indigo, 1 brl.; rume, 2 hhds., 2 trs., 6 brls.; suger, 17 brls.; molosses, 367 hhds. and teirces. Proposes appointment of Inspector General of Imports and Exports of the Continent etc. Signed, Archd. Cumings. Endorsed, Recd. 16th, Read 23rd July, 1719. 1¾ pp. [C.O. 5, 867. Nos. 41 and (duplicate, endorsed, Recd. 10th, Read 18th Nov., 1719) 56; and 5, 915. pp. 294–297].
May 26.
Whitehall.
196. Order of Lords Justices in Council. Repealing Act of the Massachusetts Bay for granting an impost and tonnage of shipping etc. v. 24th April. Signed, Edward Southwell. Endorsed, Recd. 30th June. Read 3rd July, 1719. 1¼ pp. [C.O. 5, 867. No. 39; and 5, 915. pp. 288, 289].
May 26.
Whitehall.
197. Order of Lords Justices in Council. Mr. Secretary Craggs is to write to the Governor of the Massachusetts Bay in conformity to the Report of 24th April, 1719, and give him a severe reprimand for consenting to the passing of the above Act so contrary to his Instructions and to the laws and interest of England. Signed and endorsed as preceding. 1 p. Set out, A.P.C. II. No. 1315. [C.O. 5, 867. No. 40; and 5, 915. pp. 289, 290].
May 26.
Whitehall.
198. Order of Lords Justices in Council. Approving Representations of Nov. 14, 1718, and April, 16, 1719 (q.v.) and repealing two Acts of Jamaica, with Instruction to Governor, as therein proposed. Signed, Edward Southwell. Endorsed, Recd. 30th June, Read 3rd July, 1719. 1¾ pp. [C.O. 137, 13. No. 32; and 138, 16. pp. 221–224].
May 26.
Virginia.
199. Lt. Governor Spotswood to the Council of Trade and Plantations. Encloses Addresses in his favour, etc., and Journals of Assembly and Council, the latter showing that the Council on Dec. 9th more plainly yielded up their pretensions to the sole right of sitting Judges in the Court of Oyer and Terminer. "Upon which I appointed them without any other associates to be Judges of the Court held the next day." Only two of the eight Councillors who insisted on being sole Judges in criminal cases would sit on the trial of divers pirates, the reason being that there is £100 sterl. to be shared among the Judges in the Courts of Oyer and Terminer, and for the trial of pirates nothing at all. Proposes that the former allowance be discontinued, and that an establishment be made for Judges to try pirates, those trials being of much more consequence etc. Encloses accounts. The sale of rights for land comes to £300 last year, three times as much as before the last regulation. The account of the tobacco levied by the poll since 1715 amounts to no more than 7¼ lb. on every tithable person for the three years. Of the whole revenues of this Colony, after finishing a house for the Governor, assisting North Carolina in their Indian war, fortifying their own frontiers, building a magazine, prison, contributing towards the building a Church at Williamsburg, and paying the rewards for suppressing of pirates, there is a bank of £17,872 0 10¾ remaining for the publick service. A country so rich in its publick Treasury and so moderate in its taxes cannot be groaning under such grievous oppressions as some of its Representatives would falsely insinuate. Claims his part in bringing the country to this flourishing condition from the state of poverty and debt wherein he found it. The effects of Thach the pirate have been condemned by the Court of Vice Admiralty and sold at public auction. Encloses account, as there is likely to be some controversy about the property of those goods, being taken in a French ship, E. of Bermuda, and brought into N. Carolina. If the owners make out their property, the produce must be paid to them. But there is an unexpected pretension set up by the Government of North Carolina to these goods, as being taken within the seas and off the soil of the Lords Proprietors etc. They suffered those goods to remain in the possession of that piratical crew for divers months, some in chief stations having had too much correspondence with them, particularly one who held the office of Secretary, Chief Justice, one of the Council and Collector of the Customs etc. The Colony continues in peace on its frontiers, and flourishing in its trade, and except for a few malcontents impatient to see the effect of disturbances they have been fomenting, none of H.M. Dominions enjoys a more perfect tranquillity. Abstract. Set out, Spotswood Papers, II. 323; and N.C. Col. Rec. II. 336. Signed, A. Spotswood. Endorsed, Recd. 9th July, 1719, Read 15th June, 1720. 6¾ pp. Enclosed,
199. i. Account of H.M. Quit Rents of Virginia, April 1718–1719. Total, Receipts, including balance of £5,529 brought forward, £8,367 14s. 10d. Expenditure, £1,576 7s. 2½d. Signed, J. Roscow, Rr. Genll., John Grymes, Dy. Audr., A. Spotswood. Same endorsement. 4 pp.
199. ii. Account of H.M. Revenue of 2s. per hhd., 29th April, 25th Oct., 1718. Totals, Receipts, £3,246 1s. 1¼d. Expenditure, £2762 6s. 0¾d. Signed and endorsed as preceding. 2 pp.
199. iii. Account of H.M. Revenue of 2s. per hhd. 25th Oct. 1718–25th April, 1719. Totals, Receipts, (including balance) £1743 19s. 4d. Expenditure, £1633 Os. 6¼d. Signed and endorsed as preceding. 2 pp.
199. iv. Account of H.M. duties on liquors and slaves, Dec. 10th, 1710–1718. Totals, Receipts, £27,840 14s. 7d. Expenditure, £9,968 13s. 8¼d. (for the Governor's house, £4,685 17s. 6½d.; Carolina Fund, £1,264 15s. 7¼d.; Bruton Church £200; Prison £200 etc.) Balance, £27,840. Signed, Peter Beverley, Treasurer. Same endorsement. 1 large p.
199. v. Account of the public tobacco levy, 7th Sept. 1715—Nov. 29th, 1718. Receipts, By owners of runaways, 30,000 lb. By a levy of 7¼ pr. poll on 33,732 tithables, 244,557 lb. Total, 274,557 lb. Balance, 2938 lb. Signed, Miles Cary, Cl. Com. Claims. Same endorsement. ½ p.
199. vi. Naval Officer's accounts of imports from Madeira and the Western Islands. Nil. Signed, Thomas Lee, Naval Officer. Same endorsement. 1 p.
199. vii. (a) Copies of Addresses from the Counties of Virginia, the Clergy in Convention, the Grand Jury, and the Masters of William and Mary College to Lt. Governor Spotswood, repudiating the charges of the Burgesses against him.
(b) Address of the Grand Jury of Virginia to the King, to the same effect.
(c) Address of Masters of vessels and others trading to and inhabiting North Carolina to Lt. Governor Spotswood. Return thanks for his action in destroying pirates, after application had been made without effect to some in principal authority there. Owing to the robberies committed by the pirates harbouring in that Government, few durst venture vessels or effects thither; by which means in less than a twelve months merchandizes were advanced more than cent pr. cent for want of a timely supply etc.
(d) Letter of thanks from the Governor and Council of Maryland to Lt. Governor Spotswood, acknowledging the obligation of the good people of Maryland for his efforts to destroy the pirates in Carolina. Resolution of Council for the writing of above letter. Annapolis, 9th March, 1718/19. Signed, Jo. Hart. The whole endorsed as preceding. 30 pp. [C.O. 5, 1318. Nos. 72, 72. i.–vii.]
May 26.
N. York.
200. Governor Hunter to Mr. Delafaye. Refers to 18th May. Continues:—This is to the same purpose to beg your assistance and intrest with your friends and mine to procure commissions for the persons whom I have plac'd in vacancys according to my standing orders etc. Riggs is happy to his heart's content etc. Signed, Ro. Hunter. Endorsed, R. 9th July, 1719. Holograph. 2 pp. [C.O. 5, 1092. No. 10.]
May 26.
Whitehall.
201. Order of Lords Justices in Council. Repealing Act of New York for shortening of lawsuits and regulating the practice of the law, 1714; and two Acts of Antego, (i) to prohibit the importation of French and other foreign sugars, rum, cotton and molosses, 1716, and (ii) for laying an additional duty upon wines and other strong liquors imported, 1718. Signed, Edward Southwell. Endorsed, Recd. 30th June, Read 3rd July, 1719. 1¾ pp. [C.O. 5, 1051. No. 93; and 5, 1124. pp. 109, 110.]
May 26.
Whitehall.
202. Order of Lords Justices in Council. Confirming Act of Pennsylvania for the advancement of Justice (v. 1st May). Set out, Penn. Col. Rec. III. 70. Signed, Edward Southwell. Endorsed, Recd. 1st., Read 3rd July, 1719. 1½ pp. [C.O. 5, 1265. No. 125: and 5. 1293. pp. 204, 205.]
May 27.
N. York.
203. Governor Hunter to the Council of Trade and Plantations. Encloses following and Minutes of Council and Assembly of New Jersey. Proposes to attend the Board, and make use of his six months leave of absence, his ill state of health absolutely requireing it etc. "The Acts for running the division lines in the Jerseys were after long deliberation framed and agreed to by all the Proprietors or their agents and Representatives of both Provinces and pass'd at their earnest desire etc. I left nothing undone to have them perfected, judgeing them absolutely necessary for the peace and highly for the interest of that Province," etc. Set out, N. J. Archives, 1st Ser. IV. 386. Signed, Ro Hunter. Endorsed, Recd. 7th July, 1719. Read 30th Aug. 1720. Holograph. 2 pp. Enclosed,
203. i. Act of New Jersey for the support of the Government for two years etc. Perth Amboy, 1718. Printed. 12½ pp. [C.O. 5, 971. Nos. 83, 83. i.]
May 27.
Nassau on Providence.
204. Governor Rogers to Mr. Popple. Acknowledges letter of 15th Nov. etc. It would have been extreamly necessary for the security of these Islands had we been so happy to have got another Independ. Company immediately sent to us according to their Lordships' representation. We being so near the Spaniards that they may be suddenly upon us and there's no dependence on ye people here, the continual fears of their attacking us has kept a great many good and substantial people from coming to settle here, for there is no fear of these Islands being well settled after they are made secure. Yesterday one of our privateers that was cruizing off the Havanna came here and gave us a certain accot. that the Spaniards were fitting out seven sloops two brigantines and two gallies wth. 1500 men to attack us and we expect them daily, and I am as well prepared as my number will allow for, I doubt we shan't be above 300 men to withstand ym. not long since they equipp'd a greater force but three of their ships being lost and hearing of a war put a stop to their design. I think wee have been very ill served for I have wrot to all parts around us in our extremity and have had no other man of war here but the Deal Castle who stopt wth. H.M. packet since Capts. Chamberlain and Whiting left me in that deplorable condition. I suppose Sr. the map you mention is in one of the co-partners hands who long before this has deld. it to their Lordships, and I have now sent another to describe a new harbour I have found out near this fit for a fifty gun ship. I am very glad you mention the charge in confirming the Council wch. tho the best I could then have, I never design'd any charge on them. We very much want an assembly there having some few more people arrived since. I think the following persons are the fittest for the King's Council here;—James Gohier, Robt. Beauchamp, Wm. Fairfax, Thos, Walker, Edwd. Holmes, Rd. Thompson, Nathl. Taylor, Wm. Spatches, John Penniston, Peter Courrant, Saml. Watkins, John Ollyffe. I have now sent home copys of the Council Book together with a tryal of a fellow I was forced to condemn and hang for robbing and burning a house the vilest of practices being too common here, I could not avoid making this example, and I hope if for want of lawyers our forms are something defficient I am fully satisfied, we have not err'd in justice. I depend you have recd. the coppy of the tryal of the pirate so that I do not trouble their Lordships with it by ys. conveyance. Mr. Beauchamp had probably been in Engld. had not the news of a war kept him here till now and the accot. we now have of this designe of the Spainiards still detaines him longer. I can't yet find cause to covet any employ here unless we have the good fortune to beat back the Spaniards then I hope Mr. Beauchamp will be acceptable at home and instead of one we shall have two Independent Companyes added to this guarrison to make the place secure enough to curb the Spaniards and prevent piracy, for I can't see ther's any dependence on our ships of war in these parts etc. Has written to Mr. Secretary Craggs, etc. Signed, Woodes Rogers. Endorsed, Recd. 15th., Read 16th July, 1719. 3 pp. Enclosed,
204. i. Duplicate of No. 205. iii.
204. ii. Minutes of Council of the Bahama Islands, 14th Nov. 1718–19th May, 1719. 12 pp.
204. iii. Address of the Governor, Council and principal inhabitants of the Bahama Islands to the King. Pray for H.M. further support etc. We doubt not but the remonstrances from Jamaica and most of your Majesty's Governments will for the future oblige the Commanders of the ships of war to a stricter execution of their orders which would very much contribute to the security of your Majesty's Colonys, and prevention of pyracy. The unavoidable charge that the works of the fortification have obliged us to be at, has been as frugally applied as the miserable circumstances of the place could allow; and the interest of several worthy gentlemen adventured hither, was considerably made use of to secure this settlement in the most dangerous times etc. Pray that the charge may be laid before Parliament and reimbursed. 1¼ pp.
204. iv. Minutes of the Council of the Bahama Islands, 26th May, 1719. Accounts for the fortifications, £11,344 2s. 3d. passed etc. 1½ pp. Endorsed, Recd. 15th., Read 16th July, 1719. 1½ pp. [C.O. 23, 1. Nos. 14, 14. i.–iv.]
May 27.
Nassau on Providence.
205. Governor Rogers to Mr. Secretary Craggs. I wrote you by two conveyances, since I had the honour of yours by the Deale Castle, and ye Samuel of the 24th Dec. The Samuel has stay'd here longer than we expected, and would have continued yet a few days, had not the enclos'd accot. came to my hands yesterday by wch. I may expect to be soon attacked and am preparing to make the best defence I can. I doubt I shall scarce be able to gett together above 300 men, were we but 200 more being well prepar'd, I should not be under any great concern for this Spanish Expedition. Sr. I have always been as particular as I could to you, and have represented everything to the best of my knowledge, and I am sorry H.M. ships of war in these parts has had so little regard for this infant Colony. We have had none but the Deal Castle as a packett ever since the first of our arrival, tho' I wrote to Jamaica and all parts around us for assistance, when we had great reason to expect we should not be able to withstand our enemys without their assistance, but the Spaniards loosing three of their best ships design'd for this place, and hearing the news of a war immediatly upon it made them then lay aside their design and disperse 3 or 4000 men they had ready at several places to joyne and attack us. I have been at a great expence to preserve this place from the Spaniards or pirates, an accot. of wch. is now sent home to the Gentm. concern'd, and I hope H.M. will consider the necessity I was under to do wt. I have done, and that the Parliamt. will re-imburse what is so apparently laid out for the publick good etc. Signed, Woodes Rogers. 2 pp. Enclosed,
205. i. Trial of William Whaling, als. Whaley, for stealing goods belonging to Mathew Musson, Gent., and William Hewson, Mariner, from the house of John Peardon and setting fire to the said house. March 4th, 1718 (1719). The prisoner was found guilty and hanged. Copy. 6½ pp.
205. ii. Minutes of Council of the Bahama Islands, 14th Nov., 1718–26th May, 1719. 13 pp.
205. iii. Deposition of William South, Commander of the privateer sloop Endeavour of New Providence. May 27, 1719. After an engagement with a Jamaica privateer who pretended to take him for a Spaniard, deponent picked up Charles, son of Thomas Walker, of N. Providence, off the Havana, who had been a prisoner and just made his escape in a canoe to bring intelligence that the Spaniards had already fitted for sea two galleys, two brigantines, and seven sloops on board of wch. were design'd to be embarqu'd 1500 men on purpose to dislodge ye English from this settlemt. because they think them too near neighbours etc. Capt. Leigh Ashworth, the Jamaican privateer, forced Cha. Walker to go with him as his pilot etc. Signed, William South. 1½ pp. [C.O. 23, 13. ff. 40–54.]
May 27.206. Mr. West to the Council of Trade and Plantations. I have consider'd the question whether an Assembly under adjournment or prorogation may be prorogued without a meeting according to such previous adjournment or prorogation. And I am clearly of opinion that it may, etc. It may be made a question whether the Generall Assemblys of the severall Provinces in the West Indies may be entituled to those priviledges which are claim'd by, and have by the Crown been allow'd to, the Parliaments of England; But it is most certain that the Prærogative in relation to their General Assemblys is at least as extensive as it ever was in England in respect to our Parliaments; and this prærogative of the Crown whatever the extent of it may be, every Governor by his Commission is impowered to exercise in his particular Province. The Prærogative in the West Indies unless where it is abridg'd by grants etc. made to the inhabitants of the respective Provinces is that power over the subjects (consider'd either separatly or collectively by their Representatives) which by the Common Law of the land abstracted from all Acts of Parliaments and grants of libertyes etc. from the Crown to the subjects the King cou'd rightfully exercise in England. The only point of Prerogative which this question relates to is that power which the Crown has of summoning proroguing, etc. of Parliaments; and this branch of the Prerogative does at this time subsist entirely upon the foot of the Common Law and Custom of Parliaments which in this respect must be consider'd as part of the Common Law, which has never been in this particular anywise abridg'd or circumscrib'd by any Act of Parliament. And therefore if the affirmative part of the question is impracticable in England it is impossible a Governor should be impower'd to practice it in America. The determination of this question therefore depends entirely upon the Customes of our English Parliaments etc. States practice of Parliament in this particular, and describes writ of prorogation, which is general, like a proclamation etc. Signed, Richd. West. Endorsed, Recd. Read June 5th, 1719. 9 pp. [C.O. 323, 7. No. 156; and 324, 10. pp. 243–250.]
May 28.
New York.
207. Governor Hunter to Mr. Popple. Encloses Act of New Jersey for the support of the Government for two years. Signed, Ro. Hunter. Endorsed, Recd. 7th July, 1719. Read 30th Aug., 1720. ¾ p. [C.O. 5, 971. No. 82.]
May 28.
Whitehall.
208. Mr. Delafaye to the Council of Trade and Plantations. I am commanded by the Lords Justices to send your Lordps. the enclosed etc. Actions [of the nature complained of] on either side besides the injustice of them are at this juncture especially of very ill consequence, as they administer cause of discontent and give a handle to ill disposed persons to sow jealousys between the two nations whose mutual interest is to cultivate a strict union with each other; and as a delay of redress would still be a greater aggrevation, their Excys. recommend it to you to give particular attention and dispatch to this affair, and report your opinion for their Excys. that if Monsr. Hiriberry's complaint is well founded, justice may be done him, and if it is not, a satisfactory answer may be given to the Abbé du Bois, and the complainant may have no cause to suspect a want of inclination to do him right if he has been really injured. Signed, Ch. Delafaye. Endorsed, Recd. 1st., Read 2nd June, 1719. 1¼ pp. Enclosed,
208. i. M. l'Abbé Dubois to Mr. Secretary Craggs. It is some time since your Excellency was informed of the complaints laid by the Governor of Isle Royale of the depredations at Canceau of Capt. Smart etc. Demands prompt justice and reparation without waiting for the meeting of the Boundary Commission, since it is an independant matter etc. In cases where the French have done any damage to the English reparation has been speedily made etc. Refers to enclosures ii. and iv. Le Sr. de Hiriberry has been the principal sufferer, etc. v. No. iv. Signed, Dubois. Copy. French. 1½ pp.
208. ii. Extract of letter from M. St. Ovide and M. Soubras. Isle Royale, Jan. 9th (N.S.), 1719. Since the depredations of the English at Canceau, an inhabitant of Isle Madame by way of reprisal has taken a small English sloop at Canceau. Upon complaints laid by the English, orders have been given that he should restore the boat, pay during the fishing season the amount at which the plunder is valued, and also be punished. French. ½ p.
208. iii. Coloured Map of part of Cape Breton, Isle Madame and Cape Canceau, showing that Canceau, separated from the mainland of Nova Scotia by a small arm of the sea, is an island, and, like Cape Breton and all the other Islands situated in the mouth and Gulf of St. Lawrence, belongs to the French by the 13th Article of the Treaty of Utrecht. The English have seized 200,000 livres worth of plunder and inflicted damage on the French to the extent of 500,000 livres. 1 p.
208. iv. Petition of Joannis de Hiriberry, merchant of St. John de Luz, to the Duc d'Orleans, Regent. Petitioner arrived at the Island of Canceau the same day, 17th Sept. 1718, as an English frigate of 26 guns, M. Cinarique Commander. He visited Mm. Harembourg, Petit-pas, La Sonde, Descontes, Pierre Bois and five or six other French merchants and inhabitants. On returning from Louis-Bourg, Sept. 29, the English attacked and made prisoners of the French and seized all their effects, in spite of the protests of petitioner who maintained that the Island of Canceau belonged to France etc. argued etc. Same endorsement. 4 large printed pp. [C.O. 217, 2. Nos. 66, 66 i.–iv.: and (without enclosures) 218, 1. pp. 401, 402; and (encl. iii.) M.P.G. 174.]
May 29.
Nassau on Providence.
209. Governor Rogers to the Council of Trade and Plantations. Refers to letter of 27th, and urges question of charges mentioned in Address, No. 204. iii. Continues; We have never been free from apprehensions of danger from pirates and Spaniards, and I can only impute these causes to the want of a stationed ship of war, till we really can be strong enough to defend ourselves. I am in hopes the ensuing Parliament will not only repay the expence laid out according to the account sent to the gentlemen co-partners wth. hopes of their sollicitation, but also provide a fund to add and support two other Independant Companys till inhabitants enough come whereof to form a Militia, and such we cannot expect till this Settlement is made capable to protect them, the uncertainty of which has hitherto prevented people's coming, wch. at first were assur'd to us. I confess myself instrumental in making these expences, but when considered that we have been only supported by such measures I am in hopes none will set the prospect of maintaining these Islands at a lower rate, and I have found by experience that the subsistance allowed at home for the guarrison is very short of what is necessaryly wanted whilst provisions are both difficult to be had and dearly bought, and it will be very heavy on me to support ye guarrison till I know on wt. foot I must stand. In my letter to Mr. Popple I gave a list of ye best that can be picked out for a Council here but few of them that I found here has any notion of honour further then proffit and therefore I doubt they'l scarse pay the common fees of their mandamus. This place if encourag'd will none questions answer all yt. your Lordships expected but I can't say there's any great hopes of the honesty or industry of the much greater part of ye people and better will not come till the place is in a posture of defence. I hope your Lordships will pardon my troubling you with but a few instances of the people I have to govern who though they expect the enemy that has surprized them wthin. this fifteen years 34 times yet these wreches can't be kept to watch at night and when they do they come very seldom sober and rarely awake all night, though our officers or soldiers very often surprize their guard and carry off their armes, and I punish, fine, or confine them almost every day. Then for work they mortally hate it for when they have clear'd a patch that will supply them with potatoes and yams and very little else fish being so plenty and either turtle or goanas on the neighbouring islands, they eat ym. instead of meat, and covet no stock of cattle but thus live poorly and indolently wth. a seeming content and pray for nothing but wrecks or the pirates, and few of them have an opinion of a regular orderly life under any sort of Governmt. and would rather spend all they have at a punch house then pay me one tenth to save their familys and all yts. dear to them. The tax yt. I advised your Lordships they had agreed to pay to the fortifications (though but a triffle had they been industrious) was the greatest greveance they ever met wthall. and did not hold three weeks, for I was glad to keep them in humour without money, and had not I took another method of eating, drinking and working wth. them myself, officers, and soldiers, sailors, and passengers and watch at the same time whilst they were drunk and drowsey, I could never have got the fort in any posture of defence, neither would they willingly kept themselves or me from the pirates if the expectation of a war with Spain had not been perpetually kept up and improved before I was certain of it, to make them do some work, after the ships of war left us, and whilst they was here we was to sickly to do any work. It was as bad as treason is in England to declare our designe of fortifying was to keep out the pirates if they were willing to come in and say they would be honest and live under Governmt. as we called it even then. I ask your Lordships pardon if I am too prolix, but the anxiety I am in etc. I hope will plead for me, and henceforward I'll endeavour to send copys of all I write to your Lordships and the Secretary of State, wch. now and at some other times I have not had the leasure to do. Signed, Woodes Rogers. Endorsed, Recd. 15th., Read 16th. July, 1719. 3 pp. [C.O. 23, 1. No. 15.]
May 30.
Barbado's.
210. Governor Lowther to Mr. Popple. Reply to 18th March. I hope malicious and groundless complaints will not carry the point my enemy's aim at. How just the complaints of the Portuguese and Society are, I shall leave to the Lords of Trade etc., the whole matter of fact relating thereto being enter'd in the Minutes of Council herewith sent etc. Signed, Rob. Lowther. Endorsed, Recd. 28th July. Read 30th Sept., 1719. Holograph. Addressed. 1 p. Enclosed,
210. i. List of public papers enclosed in preceding. Same endorsement. 3½ pp. [C.O. 28, 15. Nos. 53, 53. i.]