America and West Indies
July 1719, 1-9

Sponsor

Institute of Historical Research

Publication

Author

Cecil Headlam (editor)

Year published

1933

Pages

147-159

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'America and West Indies: July 1719, 1-9', Calendar of State Papers Colonial, America and West Indies, Volume 31: 1719-1720 (1933), pp. 147-159. URL: http://www.british-history.ac.uk/report.aspx?compid=74072 Date accessed: 19 September 2014.


Highlight

(Min 3 characters)

Contents

July 1719, 1-9

July 1.
Whitehall.
277. Mr. Popple to Mr. Rhett. My Lords Comrs. of Trade and Plantations being informed that you have lately receiv'd from Carolina an account of new hostilities committed by the Indians in that Province, desire you would communicate such advices to them etc. [C.O. 5, 1293. p. 178.]
July 1.
Whitehall.
278. Mr. Delafaye to the Governor of Jamaica. Encloses following. Continues: The Lords Justices direct you forthwith to cause restitution to be made of the said storehouse, and to put Mr. Coleman in possession thereof etc. Signed, Ch. Delafaye. Annexed,
278. i. Mr. Burchett to Mr. Delafaye. Admiralty Office. 26th June, 1719. The Council of Trade and Plantations have received no answer from Governor Sir N. Lawes to their letter desiring him to restore Mr. Coleman to possession of the store-house at Kingston, contracted with him to be kept in repair by him for stores of H.M. ships by orders of the Lords Commrs. of the Admiralty, etc. Sir N. Lawes has declared that their Lordships have nothing to do with the sd. store-house, it being immediately under his care, as having been built at the expence of the Island etc. Encloses copy of bill of sale made by Sir W. Beeston to King William, by which it appears that the storehouse was designed for the use of H.M. ships of war, and was so applyed, until the wresting of the keys from Mr. Coleman by Mr. Heyward, while Chief Officer on the Island, and delivered to Mr. Page, then Secretary thereof. They desire their Excys. to send directions requiring Sir N. Lawes forthwith to deliver it to Mr. Coleman, who hath been at considerable expence in repairing the same, that so it may as heretofore be made use of for receiving the stores of H.M. ships etc. Signed, J. Burchett. Copy. [C.O. 324, 33. pp. 236–238.]
July 1.
Whitehall.
279. Mr. Popple to Charles Delafaye. Encloses extracts from Sir N. Lawes' letters of Jan. 31st and March 24, relating to the defenceless condition of Jamaica, to be laid before the Lords Justices. Enclosed,
279. i. Extracts referred to in preceding. [C.O. 137, 46. Nos. 36, 36. i.; and (without enclosures) 138, 16. p. 220.]
July 1.
Custom Ho., London.
280. Mr. Carkesse to Mr. Popple. The Commissioners of Customs desire copys of any laws of Maryland which relate to the fees in any of the Courts of Judicature etc. Signed, Cha. Carkesse. Endorsed, Recd. Read 2nd July, 1719. Addressed, ½ p. [C.O. 5, 717. No. 77].
July 2.
Whitehall.
281. Mr. Popple to Mr. Carkesse. The Acts desired in preceding are very long, and bound up together in a book. They shall be transcribed as soon as possible etc. [C.O. 5, 727. p. 490.]
July 2.
Treary. Chambers.
282. Mr. Stanhope, Secretary to the Treasury, to the Council of Trade and Plantations. It having been represented to the Lords Commrs. of H.M. Treasury that in relation to the Revenues of New York the whole management of what is raised for the support of H.M. Government there has of late years in a very extraordinary manner by the authority of the Assembly been taken from the Officers of the Crown constituted by H.M. Letters Patents for that purpose and put under a particular administration of their own contrary to the ancient practise and natural dependance which that Colony ought to have upon the Government here. Their Lordships desire a copy of clauses in the Governor's Instructions relating to the Revenue etc., and of any Acts passed there during the last 10 years concerning the levying and disposing of monies etc. They likewise desire an account of particulars sent to Governors about making grants of lands there, and under what restrictions rents and covenants such grants were ordered to be made, and whether the grants so made have been conformable to the said Instructions. Signed, C. Stanhope. Endorsed, Recd. 6th, Read 7th July, 1719. Addressed. 1 p. [C.O. 5, 1051. No. 94; and 5, 1124. pp. 111, 112.]
July 2.
Whitehall.
283. H.M. Commission (by the Lords Justices) to Richard Philips to be Captain General and Governor of Placentia and Nova Scotia. Countersigned, Ch. Delafaye. [C.O. 5, 189. pp. 410–416.]
July 4.
Custom Ho., London.
284. Mr. Carkesse to Mr. Popple. The laws of Maryland desired 1st July are not now required etc. Signed, Cha. Carkesse. Endorsed, Recd. Read 7th July, 1719. Addressed. ¾ p. [C.O. 5, 717. No. 78.]
July 4.
Whitehall.
285. Mr. Delafaye to the Council of Trade and Plantations. Encloses following. Concludes: The Lords Justices desire your opinion what is proper to be done therein. Signed, Ch. Delafaye. Endorsed, Recd. 6th., Read 8th July, 1719. ¾ p. Enclosed,
285. i. Deputy Governor Keith to Mr. Secretary Craggs. Pensilvania. May 14th, 1719. The necessary preservation of H.M. Peace in this Colony, puts me under an absolute necessity to trouble you with the inclosed papers; by which you are informed, that Mr. Penn as Heir at Law to his deceased Father, has assumed the powers of Governmt. here, and has sent over his Commission to me: But the same not being attended with directions from H.M. or any of the Ministry, I have advised with the Council and the[ir] Representatives of the people in Assembly upon this occasion, and they have desired that the publishing of Mr. Penn's Commn. may be suspended until further orders, by which I have gained some time to intreat that I may know H.M. pleasure in an affair of that consequence here. I could think of no other method to preserve the peace of this Colony, which without the Crown's interposition is like to be very much disturbed about the Proprietary succession, now in dispute to this Dominion. As I have acted herein to the best of my knowledge for H.M. service, which will ever prevail above all other considerations with me, prays to be continued in his station etc. Signed, W. Keith. Same endorsement. Copy. 1¼ pp.
285. ii. Minutes of Council and Assembly of Pennsylvania. Philadelphia, 28th April, 1719. The Deputy Governor laid before the Council a new Commission and Instructions he had received from Mr. Penn as Governor in Chief, and directing his accession to the Dominion of the Country to be made known to the people. The Council were of opinion that, in order to secure the peace of the Colony, and to preserve the perfect good understanding which had hitherto most happily subsisted between the Governor and the people, the Assembly should be called as he suggested. Writs were ordered for them to meet 6th May. Speech of the Lt. Governor to the Assembly. 7th May. Lays before them preceding and the late Proprietor's will, "whereby the powers of Governmt. over this Province seem to be devised in trust after a peculiar manner, and I am told these differences are not like to be speedily adjusted." Our Indian hunters have been attacked near the head of Potowmack by Southern Indians etc. Address of the Assembly to him, (9th May):—The first part of the Proprietor's will seems to vest a trust in the noble Lords therein named, in order to accomplish the treaty of a surrender of this Government to the Crown, which was begun by him. We are concerned at the want of ascertaining the terms which we have been always given to expect would accompany the surrender in favour of the people called Quakers, and claim those rights and favours which have been promised us etc. Since the Heir seems not by the will invested with the powers of Government, but the devise thereof made to the Lords being allow'd by his own Council to be good; and since it does not appear that Commission is attended with the necessary requisits directed by Acts of Parliament for qualification of persons concerned in such stations etc., we conceive it will contribute to the peace of this Government and be safe for the Governor that he for the present forbear to publish the said Commission etc. until he receives the pleasure of the said Trustees or has the Lord Chancellor's decree for his direction; the rather because we understand, that an amicable suit is depending in Chancery between the executrix and heir at law in order to settle both their claim to this Governmt. etc. We hope the Governor hath already taken proper measures towards quieting the minds of the Indians etc. Signed, Jonata. Dickinson, Speaker. Same endorsement. Copy. 4 closely written pp.
285. iii. Minutes of Council of Pennsylvania, 11th May, 1719. A majority of two to one approved the delay of the publication of the Commission as proposed in preceding. Copy. 2 pp.
285. iv. Clause of an Act of Pennsylvania, 1712, for further securing the administration of the Government. In case of the death of the Governor in Chief, his deputy may continue to exercise all the powers of Government, till further orders from H.M., or the heirs of the said Proprietary and Governor in Chief, which shall first happen. Copy. ½p. [C.O. 5, 1265. Nos. 126, 126. i.–iv.; and (without enclosures) 5, 1293. p. 205.]
July 7.
N. Yorke.
286. Governor Hunter to Mr. Popple. Abstract. Being to embark in three days you may guesse my hurry etc. I leave these Provinces in perfect peace and a good disposition in the minds of all the people, etc. The Minutes of Council and Assembly I shall bring with me but the Acts pass'd in this last Session can not be ingross'd in that time. Refers to enclosures. Assurances of sincere friendship etc. Set out, N.Y. Col. Docs. V. 529. Signed, Ro. Hunter. Endorsed, Recd. 27th Aug., 1719. Read 16th Aug., 1720. Holograph. 2 pp. Enclosed,
286. i. Governor Hunter's Speech to the Assembly of New York, 2nd July, 1719. Abstract. Hopes to return, if it is H.M. pleasure, if that proves otherwise, will always be watchfull and industrious to promote the interest and wellfare of this country "of which I think I am under the strongest obligations to account myself a countreyman." Refers to the quiet and flourishing state of the people. The very name of party or faction seems forgotten etc. Signed, Ro. Hunter. Same endorsement. Copy. 2 pp.
286. ii. Address of Assembly of New York to Governor Hunter. Reply to preceding. When we reflect upon your just, mild, and tender administration it heightens the concerne we have for your departure, and makes our grief such, as words cannot truly expresse. You have govern'd well, and wisely, like a prudent magistrate, like an affectionate parent, etc. We have seen many Governours and may see more; none were ever so justly fixt in the affections of the governed etc. Signed, Rt. Livingston, Speaker, and 19 others. Same endorsement. Copy. 1 p. [C.O. 5, 1052. ff. 52–56.]
July 7.
Whitehall.
287. Mr. Popple to Charles Stanhope. In reply to 2nd July. Encloses copies of Governor's Instructions. Concludes: The Acts of New York are now printing at the King's Printing house, and assoon as they are finished, I shall send you a compleatt sett etc. [C.O. 5, 1124. pp. 112, 113; and (dated July 8th) 5, 1079. No. 110.]
July 7.
Boston.
288. Josiah Willard, Secretary of the Massachusetts Bay, to [? Mr. Popple]. Encloses Journal of Assembly, 1718, and Minutes of Council for half a year beginning Sept., 1718, and five Acts of Assembly passed Oct. 1718 (there being no Acts passed at their meeting in March) etc. I am ashamed that the copies are so bad; but the Office is so scandalously poor, that I can n't put myself to the charge of a better clark without starving my self etc. Signed, Josiah Willard. Endorsed, Recd. 21st Sept. 1719, Read 8th June, 1721. 1 p. [C.O. 5, 868. ff. 51, 52.]
July 7.
Whitehall.
289. Mr. Popple to Mr. West. Encloses some queries relating to monies in the hands of the Receivers in Jamaica. [C.O. 138, 16. p. 224.]
July 7.
Whitehall.
290. Same to Same. Presses for reply to 25th June. [C.O. 138, 16. p. 225.]
July 8.291. Mr. West to the Council of Trade and Plantations. Reply to No. 289, with copy of queries. Signed, Richd. West. Endorsed, Recd. 8th, Read 15th July, 1719. 6¾ pp. [C.O. 137, 13. No. 33.]
July 8.
Whitehall.
292. Mr. Popple to Charles Stanhope. Encloses extract of Sir N. Lawes' letter of 1st Sept. 1718, relating to H.M. proportion of seizures at Jamaica, for the directions of the Lords of the Treasury thereupon. [C.O. 138, 16. p. 226.]
July 8.293. Mr. West to the Council of Trade and Plantations. Reply to June 25th. As to the Act of Jamaica to oblige the inhabitants to provide themselves with white people etc., I have no objection to its generall purview. But the clause enacting that all vessells trading in or about the Island which shall have blacks on board above ¼th part of the hands imploy'd in the management of such vessells shall be forfeited etc. seems too general, and shou'd have been restrained to such vessells as are actually own'd by the inhabitants of the Island, etc. There is also a clause by which the estates of all persons not resident in the Island are higher taxt than those of persons who dwell upon the spott. I submit it to your Lordshipps how farr this may be prejudiciall to persons residing in Great Brittain and inconsistent with that equality which ought to be observ'd in the levying of publick taxes. The Generall Assembly reflecting upon the reasons for which their other acts were repeal'd have indeed so farr comply'd with H.M. Instructions as to make the moneys to be collected by virtue of this Act payable into the hands of the person who is Receiver Generall of the Island but then with a view doubtlesse to continue their claime of nominating Commissioners for the receipt of publick money they do not make the money payable to him in the capacity of Receiver Generall, but appoint the person who is employ'd by the King as his Receiver Generall to be their Commissioner for the receipt of this money and consequently not content with that obligation which every Receiver Generall is ex-officio under, faithfully to account for the publick money they enact that he shall give an additionall security for his fidelity by entring into bond and taking a fresh oath for the faithfull discharge of a distinct office which they judge proper to bestow upon him. The Assembly anticipating any resolutions which may be thought proper to be taken upon those questions which your Lordshipps have been pleas'd to send to me, concerning the moneys collected by virtue of the repeal'd Acts, have inserted into this Act, a clause to direct the payments of the moneys remaining in the hands of the former Commissioners, unto the present Commissioner the Receiver Generall who is to account for that money in the same manner as he is for what he shall receive in consequence of this Act. I have also perused an Act for the encouragement of voluntary parties to suppress rebellious and runaway negro's, and (observing only that the parish of Wesmorland is excepted, I know not for what reason, from any benefitts to be deriv'd from that Act) I have no objection etc. Signed, Richd. West. Endorsed, Recd. 8th, Read 15th July, 1719. 6 pp. [C.O. 137, 13. No. 34; and 138, 16. pp. 237–240.]
July 9.
Boston.
294. Mr. Bridger to Mr. Popple. Refers to his suggestions for the settlement of Annapolis Royal, and the raising of Naval Stores there, and asks to be employed in that service. Continues: Mr. Armstrong who Mr. Burinston appointed his deputy has no instructions to act by therefore I shall not suffer him to act in that station etc. His putting in such a person after a year, and neglecting to comply with his commission, I hope will open the way for my being restored etc. Signed, J. Bridger. Endorsed, Recd. 27th Aug., Read 10th Sept. 1719. 1 p. [C.O. 5, 867. No. 45.]
July 9.
Whitehall.
295. Council of Trade and Plantations to Governor Sir N. Lawes. Acknowledge letters 3rd May, 1718–28th April, 1719. Continue: We are sorry you have not met with a disposition in the Assembly suitable to the assurances you were instructed to give them of the King's tender care of their int'rests, and of a ready concurrence in H.M. to do everything that could offer for the advantage and security of their own country. We shall expect from you (according to your promise) constant accounts of the number of inhabitants both white and black, the number of the Militia, and accounts of births, christ'nings and burials; with the Naval Officer's lists of ships, enter'd and clear'd there, according to the scheme in your Instructions, relating to the Acts of Trade, and half yearly accounts of the Revenue, We must also desire you will be regular in sending us the Minutes of Govt. and Council, of Council in Assembly, and of Assembly, what we have already receiv'd going no further than 28th Nov. last for you must be sensible, that without such publick accots. it will be impossible for us to make any judgemt. of ye state of the Island, or of ye publick administration there. Upon what you write concerning the Act for the effectual discovery of all persons that are disaffected to H.M. and to prevent all such persons holding any office etc., we laid the same before the King for his disallowance and H.M. was pleas'd to repeal the same; inclos'd you have a copy of the Order of Council thereupon. H.M. has likewise been pleas'd to repeal an Act for ascertaining the number of ports etc.; as you will see by ye inclos'd copy of the Order in Council and for your further information we send you ye reasons we offer'd for ye repeal of ye sd. Act. We have laid before ye Lords Justices, what you write about ye fortifications and the weak state of the Island. We also sent to the Lords of the Admiralty what you write concerning the pirates and H.M. ships of war, and their Lordps. have inform'd us etc. as No. 193. We are concern'd to find that the Assembly you conven'd did dispatch so little publick business, and that they did, in breach of ye King's Instructions, adhere to their pretended right of adjourning themselves longer than de die in diem; We hope the next Assembly will meet with a better disposition, and shew more zeal and unanimity for the dispatch of what H.M. hath so earnestly recommended to them for ye security of the Island, which becomes ye more necessary by the rupture with Spain: You cannot exert yourself too much on this occasion. We cou'd wish, the Assembly had shewn a greater regard to the King's recommendation in favour of Lord A. Hamilton. We wou'd still hope that you 'ill find means to have it comply'd with. We sent to the Commissioners of the Treasury what you write in relation to the methods of securing H.M. share of seizures. We observe what you write, 1st Sept., and think you did right in sending away Don Juan del Valle upon the suspicion the merchants had of his giving intelligence to the enemy; but we shou'd be glad to be particularly inform'd how the matter stands with relation to the sureties for the ships that made the depredations upon the Spaniards. You certainly must have misapprehended us, if you imagin'd that we gave you assurances of a Commission to try accessories to pirates, since that is what can't be done but by the authority of a new Act of Parliament, for you 'ill see yt. by ye 46th Article of your Instructions, you are required to conform yourself to the Act of Parliament for the trying of pirates in America, which directs that accessories in cases of piracy beyond the seas, shall be try'd in England, according to the Statute of 28th of King Henry 8th. We observe what you write 31st Jan., in relation to the Assemblies passing a perpetual Revenue Bill with clauses to inforce in Jamaica some of ye Statute-laws of England, and give the people there, the privilege of English born subjects, to which we can make no answer not knowing what laws of priviledges you mean. We cannot yet give you any answer to what you write concerning the application of publick mony remaining in ye hands of Commrs. Upon the account we had of the death of Mr. Harrison, one of the Council, we recommended Mr. Pusey, who had been very well recommended, to be appointed a Councillor in his stead. When you transmit to us any Acts of Assembly. we must remind you of sending the reasons for passing such Acts, that we may be the better able to judge of the advantage and prejudice such Acts may be to ye Island. Refer to letter of 9th Jan. 1717/18, relating to the King's Store-house. Ye Lords of the Admiralty, who have this matter much at heart, having now desir'd to know what answer we have receiv'd from you on yt. subject, we were sorry to acquaint them that you had not sent us any. We desire you wou'd take notice that the Act about Trade to Hispaniola wch. was pass'd by Mr. Heywood, has now lay'd by some time as probational, to give ye Assembly an opportunity of passing another to the same effect, that shall not restrain H.M. Prerogative, or be liable to ye objections to wch. this Act is liable. You will do well therefore to lay this matter before them at their first meeting, yt. no further time may be lost in it; or we shall be obliged to represent to H.M. that the said Act ought to be repeal'd. We send you here inclos'd some queries, to which we desire your answer as particular as may be. P.S. We sent yt. paragraph of your letter, 1st Sept., relating to H.M. proportion of seizures at Jamaica, to ye Commssrs. of the Customs, for their thoughts thereupon, who have return'd us an extract of a presentment they had made some time before, to the Lords of ye Treasury upon that subject, whereupon we have writ to their Lordsps. for their directions thereupon. Annexed,
295. i. Queries to Sir Nic. Lawes. (i) We desire you to inform us, What number of inhabitants there is at present in Jamaica, under your Governmt., distinguishing ye number of freemen, women and children, and that of servants white and black. To what degree are those numbers increased or decreased since the last estimate you understand to have been of them. Whether any inhabitants have removed of late, and what way you conceive most proper to prevent ye removal of others into any of the neighbouring Colonies? What trade is there in Jamaica, either by exportation or importation, with any other place besides this Kingdom, and from whence is the Island furnish'd with supplies (particularly of any manufactures) that they were wont to have from Great Britain? How and in what particulars is the trade of Jamaica encreased or decay'd of late years, and what hath been the reason of such increase or decay? What are the present methods used to prevent illegal trade? and what further methods do you think adviseable for that purpose? What numbers of ships or other vessels are there belonging to Jamaica where built and what number of seafaring men? What manufactures are settled in that Island of any sort whatsoever? What is reckoned to be the annual produce one year with another of the several commodities in ye sd. Island? What trade has Jamaica with any foreign Plantations? how is that trade carried on? What commodities do thry send to, or receive from foreign Plantations? We further desire that you wou'd send us the best accounts you can possibly get concerning the foreign Plantatns. in your neighbourhood; at what times, and by what means they were first possessed? What is the number of ye inhabitants and of ye Militia, or what other Military force is in each of those Plantatns.? what are ye several commodities produced in them? and how much is the annual produce one year with another of such commodities? what trade is carried on to and from these Plantations? What form of Governmt. is established in them, and what methods are used to encourage and improve ye products and the trade thereof. [C.O. 138, 16. pp. 227–236.]
July 9.
Whitehall.
296. Order of Lords Justices in Council. Repealing Act of New York for reviving an Act for the easier partition of lands in joint tenancy etc. Signed, Robert Hales. Endorsed, Recd. 10th, Read 16th Sept., 1719. 2 pp. Set out, N.Y. Col. Docs. V. 529. [C.O. 5, 1051. No. 97; and 5, 1124. pp. 116–118.]
July 9.
Whitehall.
297. Council of Trade and Plantations to the Lords Justices. Having lately received several laws passed in Pensilvania, 1712–1715, we humbly represent that several ought to be repealed vizt., (i) An Act for amending divers laws passed 1712–1713. This referrs to two former laws one for establishing Courts of Judicature, the other against robbing and stealing, the former of which was repealed by her late Majesty's Order in Council in 1714, the latter in May, 1718, by an Act of the Assembly for the advancement of Justice etc. (v. 26th May). If this Act should be confirmed, it would revive the other two, which have been repealed. (ii) An Act of privileges to a freeman, passed 1714–15. Two former Acts with the same title and contents were repealed, because they interfered with the Act of 7 and 8 Wm. III for preventing frauds etc. in the Plantation trade; and tho' in this present Act, there is a saving to the Admiralty Courts, yet we are apprehensive it may still interfere with the said Act as well as other Acts of Trade; and we cannot well see, what occasion there is for this Act, since by the laws already in being Freemen are entituled, to all the privileges intended by this Act. (iii) An Act for impowering Religious Societies to buy, hold and enjoy lands, tenements etc. There is a clause in this Act, which confirms all sales, gifts or grants already made to those Societies, which retrospect we are of opinion may probably be attended with ill consequences to purchasers, creditors and other persons. (iv.) An Act for establishing the Courts of Quarter Sessions, enacts that the Justices of Peace may minister common justice and exercise hear, determine and execute all things within the limits of their respective commissions and authorities, as near as conveniently may be to the Laws of Great Britain, which words seem to give too great a latitude to the Justices, who are to judge of that convenience, and may upon some occasions be made use of to serve an ill purpose. (v) An Act for establishing the several Courts of Common Pleas is liable to the same objection etc. (vi) An Act for erecting a Supreme or Provincial Court is liable to the same objection, for which a former Act for establishing Courts of Judicature was repealed in 1710 upon a report from Sir Robt. Raymond quoted. (vii) An Act for corroborating the circular line between the Counties of Chester and Newcastle. This Act contains a survey or description of the lands said to be granted to Mr. Penn by the Charter of King Charles 2nd. But how far this survey may be just, we cannot take upon us to determine; and it may possibly take in the whole or some part of ye 3 lower Counties belonging to H.M. to which Mr. Penn had no right or title, tho' they have for some time been under his Government. (viii) An Act for the ease of such as conscientiously scruple to take the solemn affirmation formerly allowed in Great Britain. The affirmation to be allowed by this Act is materially different from that allowed in this Kingdom (the name of Almighty God being not mentioned therein) a former Act with the same title was repealed for the same reason, 1714. (ix) By an Act for the better ascertaining the practise of the Courts of Judicature it is enacted, that the Act of 8th and 9th William III for preventing frivolous and vexatious suits and an Act of 4th and 5th of the late Queen for amendmt. of the Law and the better advancement of Justice, shall be put in execution in Pensylvania as far as circumstances admit; we cannot apprehend what may be meant thereby, but it seems improper to say an Act shall be observed as far as circumstances will admit. (x) An Act for laying a duty on wine etc. not only allows the importation of wines in general directly from the place of their growth, which is contrary to the Act of Trade 15 Car. II, but lays a double duty on such wines as may be imported from any other place, which can be only from Great Britain. (xi) An Act for laying a duty on negroes imported gives a power to the officers to break open houses upon suspicion of negroes being there, without any limitation, whereby they are authorized to enter by night as well as by day, which is very seldom allowed of by the Laws of Great Britain in offences of an inferior nature. We have likewise objections to other Acts, which we shall not propose to be repealed, but shall offer our observations upon them and submit the same to your Excellencies determinations. (i) The Act directing appeals to Great Britain, directs that no judgment, sentence or decree of any of ye Supreme Courts, or Courts of Admiralty shall be so final, but that the party aggrieved may appeal to H.M. etc. Our only objection to this Act is, that there is no sum limited for which an appeal may be brought, as is provided by the Instructions to all the Governors of Plantations under H.M. immediate Governmt. (ii) An Act for regulating and establishing fees etc. We should have no objection to this Act, if it did not establish the fees of officers of the Supreme or Provincial Court of law and equity, as well as fees of other officers; and therefore if your Excellencies should be of opinion to repeal the Act abovementioned for establishing such a Supreme or Provincial Court, it would look odd to have fees established for a great number of officers not in being. There are several other laws against which we have no objections; and in case your Excellencies do not see cause within six months from the time of transmitting them to H.M. Privy Council, to repeal any of the said laws, they will remain in full force, pursuant to the Charter granted to the Proprietor of Pensilvania, the titles of which laws are as follows vizt.: (i) An Act for limitation of actions, (ii) for establishing orphans Courts (1712, 1713); (iii) for the better recovery of fines etc. (iv) for the assigning of bonds etc. (v) An affirmation Act for such, who for conscience sake cannot take an oath. (vi) for acknowledging and recording of deeds. (vii) for better determining of debts and demands under 40, and for laying aside the two weeks Courts in Philadelphia. (viii) for raising a supply of 1d. pr. li. and 4sh. a head, and for reviving other Acts etc. Passed in 1714, 1715.
Upon this occasion we humbly take leave to represent to your Excellencies that by the said Charter, the Proprietor is impowered with advice of the Freemen of Pensilvania or their Delegates in General Assembly, to enact laws for the good of the said Province; providing such laws be not repugnant but as far as conveniently may be agreeable to ye Laws of this Kingdom; and that a transcript of such laws be within five years after the making thereof, delivered to H.M. Privy Council, and if any of the said laws within the space of six months after they shall be so delivered as aforesaid be declared by H.M. to be void, the said laws shall thenceforth become null and void accordingly, otherwise to remain in full force. This we think to be unreasonable that the said Proprietor of Pensylvania should have five years time to lay his laws before H.M., and H.M. but six months to consider thereof; For it may so happen, that so great a number of laws may at one time be transmitted as that it will be difficult if not impossible, considering the other business that may intervene duly to examine the same. There is another ill consequence of that clause, which is, that temporary laws, prejudicial to the trade of H.M. other subjects, may be enacted there, and have their full effect before the Proprietor is obliged to lay the same before H.M., or at least before H.M. disallowance of the same can be signify'd to that Government, and they may re-enact the same laws again and by keeping them till near the time of expiration, they may in effect, evade H.M. right of repealing such laws as may be prejudicial to H.M. intrest or ye trade or property of his subjects, which is a practise they are frequently guilty of in the very worst degree by re-enacting laws, which have been repealed by the Crown, as may be observed with respect to several of the laws which we now lay before your Excellencies.
These are some of the ill effects of a Proprietary Government, and as we are of opinion the Plantations will never be upon a right foot till the Dominion of all the Proprietary Colonies shall be resumed to the Crown, so we cannot help proposing to your Excellencies that all fair opportunities should be laid hold on for that purpose. Annexed,
297. i. List of Acts passed in Pennsylvania that are expired. Passed in 1712, 1713. (i) An Act for reviving, explaining etc. several laws etc. (ii) An Act for laying a duty on several liquors etc. Passed in 1714, 1715. (iii) An Act for continuing a friendly correspondence with the Indians. [C.O. 5, 1293. pp. 206–216.]
July 9.298. Amended form of debenture for those of the sufferers at Nevis and St. Kitts, who suffered upon one island and settled upon the other. Endorsed, Recd. 9th July, 1719. 3 pp. [C.O. 152, 12. No. 144.]
July 9.
Whitehall.
299. Order of Lords Justices in Council. Approving Representation of June 18th, and appointing John Cochran, William Irish, and Richard Cook to the Council of Montserrat. Signed, Robert Hales. Endorsed, Recd. 10th., Read 16th Sept., 1719. 1 p. [C.O. 152, 12. No. 148.]