America and West Indies
July 1719, 21-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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173-185

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'America and West Indies: July 1719, 21-31', Calendar of State Papers Colonial, America and West Indies, Volume 31: 1719-1720 (1933), pp. 173-185. URL: http://www.british-history.ac.uk/report.aspx?compid=74074 Date accessed: 02 September 2014.


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Contents

July 1719, 21-31

July 21.
Whitehall.
318. Mr. Popple to William Nivine. The Lords Justices having appointed Colo. Bladen to go to France to settle several matters relating to the disputes between this Kingdom and France, in America, and particularly about the capitulation of Nevis and the sufferers at Mountserrat by the French invasion, etc. desire you will let them have as soon as possible the most particular accompt you can of the said losses at Mountserrat, and of the capitulation at Nevis, in order to their preparing the necessary Instructions for Colo. Bladen who is to be going in a very short time.
Note: A similar letter was writ to Mr. Roland Tryon. [C.O. 153, 13. pp. 422, 423].
July 21.
Whitehall.
319. Council of Trade and Plantations to the Lords Justices. Reply to July 4th. In our opinion Mr. Keith has done very well in declining to act under this new Commission for the reasons mentioned in the papers referred to us, and for another much stronger, which is, that by virtue of the Act for preventing frauds etc., all Governors appointed by Proprietors are to be approved of by H. M. etc. We conceive the commission now granted by Mr. Penn the son, is a new nomination, and ought to have been laid before H.M., etc. We cannot help thinking that all occasions should be laid hold on to recover at least the Dominion of all the Proprietary Colonies into the hands of the Crown. Suggest completion of agreement made between her late Majesty and Mr. Penn, and that Mr. Keith be continued under the former commission till the present Proprietor and the Trustees have settled their differences etc. Set out, Penn. Col. Rec. III. 73. [C.O. 5, 1293. pp. 218, 219].
July 21.
Whitehall.
320. Order of Lords Justices in Council. Approving Representation of 8th inst., and repealing 9 Acts of Pennsylvania accordingly. Signed, James Vernon. Endorsed, Recd. 10th, Read 16th Sept., 1719. 1½. pp. [C.O. 5, 1265. No. 130].
July 21.
Whitehall.
321. Mr. Popple to the Governor of the Hudson's Bay Company. Col. Bladen being appointed by the Lords Justices to go to France, to settle ye disputes between the two Kingdoms, relating to the losses on either side; the Council of Trade and Plantations desire you will send them as soon as may be, an account of ye losses the Compa. have suffered, or demands they may have to make of the French upon this occasion. [C.O. 135, 3. p. 137].
July 21.
Whitehall.
322. Order of the Lords Justices in Council. Referring following to the Council of Trade and Plantations for their report thereon. Signed, Ja. Vernon. Endorsed, Recd. (from Col. Vetch) 13th May, Read 1st July, 1720. 1½ pp. Enclosed,
322. i. Petition of Col. Samuel Vetch, Richard Mullins, Charles Davison, David Pigeon, Charles Browne, James Abercrombye, Cutts Hassan, Alexander Wilson, Francis Sullivan, George Lee, Peter Capon, Charles Bruce, William Cook, John Woodin, John Cocksidge, Scare Mathews, on behalfe of themselves and others who were in actual service in the late Expedition by which Port Royal and the places adjacent were reduced etc. to the King. Pray for a grant of land in Nova Scotia, in accordance with the preference promised in H. M. Instructions to General Nicholson. v. A.P.C. II. No. 1325. Signed as above. 5 pp. [C.O. 217, 3. Nos. 3, 3 i; and (without enclosure) 218, 1. pp. 455, 456].
July 22.
Whitehall.
323. Mr. Popple to Dr. Cox. The Council of Trade and Plantations desire to speak with you concerning your grant of Carolana, etc. [C.O. 5, 1293. p. 220].
July 22.
Whitehall.
324. Mr. Popple to Capn. Hyde. The Council of Trade and Plantations desire the favour of you to lend them for 2 or 3 days your map of the Bay of Mexico and the French Settlement at Louissiana, and to have an opportunity of discoursing with you thereupon, on Friday morning next, at 10 of the clock. [C.O. 324, 10. p. 262].
July 22.325. B. Ianthial to the Council of Trade and Plantations. Enquires whether H. M. has given any orders on the petitions presented to H. M. 15th March last, from the garrison of Annapolis and Isabella Dunn (v. July 23rd). Her late husband was one of the best serjeants of the garrison, and she was reduced to the last extremity etc. Most all the garrisons have designs to run away this year. I hinder'd above 40 to desert last year, telling them that certainly they will receive satisfaction for their hard usage. They promised they would stay till the latter end of July for my answer to their petitions etc. I believe it would be proper to allow every one of them some land and privileges etc. and that their accounts should be settled and paid in money, not in rum etc. I left them in the most deplorable condition etc. Before I left there was a sloop robbed, and some Indians brought news that part of the crew were lost upon an expedition, which wee did mistrust to have been murdered by the Indians. There is a great fear of an insurrection this year amongst the Indians etc. The fort, houses, magazines, arms, etc., want to be minded and repaired. There has not been this severals years in the said Fort any physicks, nor plaisters for the sicks soldiers, which have been obliged to be supplyed with, by the French inhabitant physician (a Roman Catholick). Most of the King's Plantations decays for want of incouragement to the industrious peoples etc. Signed, B. Ianthial. Endorsed, Recd., Read 22nd July, 1719. 4 pp. [C.O. 217, 2. No. 79].
July 23.326. Monsr. Ianthial to the Council of Trade and Plantations. Encloses following and proposes to explain his ideas to the Board, etc. P.S.—By the Hannover, Capt. Chadder, that sailed 10th May for Annapolis Royal, I sent word to the garrison that their petitions have been presented to H. M., and that the Governor expected to be there the latter end of this summer, who assured me that at his arrival they shall all receive a due satisfaction etc. Signed, B. Ianthial. Endorsed, Recd. 23rd July, 1719. 1⅓ pp. Enclosed,
326 i. Petition of Isabella Dunn to the King. Petitioner's husband, a sergeant of the garrison at Annapolis Royal, was barbarously murdered by Lt. Jephson, and she and her three children are left destitute. Presented 15th March, 1718/19. Copy. 1 p.
326 ii. Petition of the four companies of the garrison at Annapolis Royal to the King. Annapolis Royal, Dec. 19, 1718. Pray for relief from their deplorable condition, they not having received any subsistance this 6½ years, nor any account given for itt, nor any cloaths but Cannaday cloaths, which were not fitt for this country being so thin and not lined, although charged 20s. sterling for them. They are forced to doe your Majesty's commands having neither shoes, stockings, or shirts to their backs, but few coats, and but short allowance of provisions. They have never received any candle lights or bedding although charged to the Nation's accounts, nor any straw for four years, etc. Presented 15th March, 1718/19. Copy. 1¾ pp.
326 iii. Petition of Monsr. Ianthial to the King. 5th May, 1719. Similar to that of 22nd July. Prays also for two patents for silver mines and for printing two or three books which will be approved by all the Bishops of the Anglican Religion. French. Copy. 3 pp. [C.O. 217, 2. Nos. 81–84].
July 23.
Tunbridge Wells.
327. Mr. Nivine to Mr. Popple. Reply to 21st. Will not be able to answer till latter end of next week. Is obliged to take the waters, but has written to a gentleman in London etc. Signed, Will. Nivine. Endorsed, Recd., Read 28th July, 1719. Addressed. Sealed. Postmark. 1½ pp. [C.O. 152, 12. No. 146].
July 24.
Antigua.
328. Governor Hamilton to the Council of Trade and Plantations. Encloses several Acts. Continues: I have no particular observations to make upon any of them; The reasons and utility thereof sufficiently appear of themselves in the bodys of the said Acts. I shall only observe that the Court Merchant Act since its being first past, has considerably advanced our trade in general, and in particular, that part thereof which transient persons usually have here, by helping them to a speedy and just way of recovering their debts; but the transient persons taking the advantage of that part of the Act for selling goods by outcry, at the highest prices, and by that means setting their own price on the produce of this Island it was found very grievous and burthensom to the present inhabitants; and therefore it was thought very just and reasonable that that part thereof should be altered as it now is by this subsequent Act, which being found in other respects a wholesome and good law is made perpetual. I hope your Lordships will approve of this Act, and lay this and the other Acts before H. M. for his Royal assent etc. Signed, W. Hamilton. Endorsed, Recd. 14th, Read 16th Sept., 1719. 1 p. Enclosed,
328 i. List of 7 Acts of Antigua sent with preceding. Same endorsement. 1 p. [C.O. 152, 12. Nos. 156, 156 i.].
July 24.
Whitehall.
329. Mr. Popple to Jeremy Dummer. Asks for an account of the boundaries between New England and the French Settlements, and whether the French have made any incroachments upon the English in those parts on "next Tuesday come sevennight." [C.O. 5, 915. pp. 300, 301].
July 24.330. Lords Proprietors of Carolina to Governor Johnson. We have read and perus'd your letter and all your papers deliver'd to us by your agent Mr. Yonge and tho we are favourably inclin'd in all our thoughts relating to our Governors, yet we must tell you we think you have not obey'd our orders and directions given to you to dissolve that Assembly and forthwith to call another according to the ancient usage and custom of the Province, and to publish our repeals of those Acts of Assembly immediately upon the receipt of our Order aforesaid; But we shall say no more upon that subject, not doubting but our Governor will pay a more punctual obedience to all our orders for the future. The Lords Proprietors' right of confirming and repealing laws, was so peculiar a privilege granted to them by the Crown that we can never receed from it, and we do assure you we are not a little surpriz'd that you wou'd suffer that prerogative of ours to be disputed. We have sent you herewith an Instrument under our hands and seals nominating such persons as we think fit to be in the Council with you, six whereof and yourself and no less number shall be a Quorum. We also send you the repeal of three Acts of Assembly, which we order you to publish immediately upon your receipt of this. We do assure Mr. Johnson that we will stand by him in all things that relate to the just execution of his office, and we are confident that he will perform his duty to us and support our power and prerogatives to the best of his abilities. If the Assembly chosen according to your pretended late Act is not dissolv'd as we formerly order'd you, and a new Assembly chosen pursuant to the Act formerly confirm'd by the Proprietors, you are forthwith commanded hereby to dissolve that Assembly and to call another according to the abovemention'd Act of Assembly. Upon your receipt of this, we hereby require you to summon the said Council that they may qualify themselves according to law and immediately sit upon the dispatch of business. We also think it proper that when matters are to be debated in Council, wherein any of the persons who sit in Council are concern'd, they ought to withdraw in the same manner as we have order'd our Chief Justice in case of appeals from his judgement. Signed, Carteret Palatin; M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. pp. 146–149].
July 24.331. Same to the Governor and Council of South Carolina. We receiv'd by Mr. Yonge 3 Acts of Assembly, which were sent to us by you for our approbation, vizt., an Act for laying an imposition on negros, liquors, etc., an Act to ascertain the manner and form of electing members to represent the inhabitants, etc., and an additional Act relating to the payment of the Lords' rents and the sale of their lands; We can by no means consent to either of these three Acts and we do therefore repeal all and every one of the three aforesaid Acts etc. Signed as preceding. [C.O. 5, 290. pp. 149, 150].
July 24.332. Same to Same. We have receiv'd your letter by Mr. Yonge, and the Articles exhibited by Mr. Allen, Whitaker etc. as in preceding. Refer to the 3 Acts repealed in foregoing. Continue: We think the Act for laying an imposition on negroes etc. illegal because of the great inequality the subjects of Great Britain lie under in relation to their trade. We think the Act to ascertain the manner of electing members etc., void in itself, because it breaks thro an Act made by the Assembly and confirm'd by the Lords Proprietors, and never repeal'd by the same authority. An Act relating to the payment of the Lords' rents etc. We can by no means comply with this law, for we will never suffer the Assembly to dispose of our lands; and by this Act (if we should allow of it) we shou'd confirm two Acts we have not yet seen; and lastly this Act pretends to give us a power to sue for our arrears, which power was ever legally in us and which power we will exert, when and as often as we shall think proper. Signed as preceding. [C.O. 5, 290. pp. 150–152].
July 24.333. Same to Same. We shall be always willing to comply with the General Assembly in all Laws that may lead to the publick good of the Province, and for ascertaining the people's rights to their lands they are lawfully in possession of, and for securing our dues upon that account, provided our rights and prerogatives are not given up nor the trade and navigation of Great Britain are not prejudic'd. We do hereby require and strictly enjoin you our Governor and Council, that for the future you never give your consent to the passing of any Act which may any way affect the Trade or Navigation of Great Britain or our rights and properties unless there be a clause inserted in such Act that the said Act shall not be in force untill it be approv'd by us under the Broad Seal of our Province. P.S.—We do hereby require you never to suffer any Act of Assembly to be executed or be in force, which has been repeal'd by us under the Seal of our Province. Signed as preceding. [C.O. 5, 290. p. 153].
July 24.334. Same to Nicholas Trott, Chief Justice of South Carolina. We have read your letter to us and your argument you made in our behalf and in justification of our rights and the prerogative granted to us by the Crown, of repealing and confirming the Laws of the Province of Carolina. Your argument was very just and close and their answer to you as trifling and evasive; we return you our thanks for it, and we do assure you in that point you have highly oblig'd us. We have receiv'd some complaints against you by the practitioners of the Law in that Province, we have order'd a copy to be wrote out and sent you that you may have an opportunity to justify yourself against the complaints made against you in that accusation. We have also receiv'd a complaint that there is no appeal from your judgment upon the accot. of your having a vote in Council in cases of such appeals. We therefore require you that were there are appeals from your judgment, after you have assign'd the reason of your judgment you do withdraw and leave that matter to be determin'd by the Govr. and Council without you. Signed as preceding. [C.O. 5, 290. pp. 154, 155].
July 24.
Boston.
335. Mr. Bridger to Mr. Popple. Since my last James Smith Judge Advocate here was suspended by the Governor for what reason I know not. Smith by way of revenge with the assistance of some people here who has loaded him with complaints against the Governor is gone home. Mr. Cooke has scraped together all his old complaints and afidavits procured by himself when Clerk of the Superiour Court in the Province of Main last year, some 12 years since, some 8, some 6, some 4 years agoe, some when I was not in the country, all these against me: in order to lay them before their Lordships and render me unfitt ever to serve the King againe as Cooke setts forth to the Assembly. Whatever papers he has sent pr. Smith pretending to have been done by the Assembly is not true, but has prevailed on some of that people to signe something by way of leter persuant to an order from the Assembly, or by way of memorial, and by the way of Committe against me which the Spaker nor none of the other Assembly men so much as knew of etc. This James Smith is the person that would have been Surveyor of the Woods, etc. Signed, J. Bridger. Endorsed, Recd. 15th, Read 16th Sept., 1719. Addressed. 1 p. [C.O. 5, 867. No. 50].
July 27.336. M. Ianthial to the Council of Trade and Plantations. Since sending the petitions to your Lordships July 23, I have been surprised to hear that my name and writings have been exposed, for all that I did beg your Lordships to be please to keep my name private, not that I am shame of my family, that has been Protestant since the begining of the first Reformation etc. I beg pardon if I have offended etc. My design is not to have anybodys turn out of their places, but only to get a dayly subsistance etc. Signed, B. Ianthial. Endorsed, Recd. 28th July, 1719. 1 p. [C.O. 217, 2. No. 85].
July 28.
Whitehall.
337. Mr. Popple to Col. Jos. Jory. Invites him, if he has anything further to offer in relation to the capitulation of Nevis, to let the Board have it on Tuesday. [C.O. 153, 13. p. 423].
[July 28.]338. Memorandum of account of losses sustained by the Hudsons Bay Company etc. cf. Aug. 13. Endorsed, Recd., Read 28th July, 1719. ¼ p. [C.O. 134, 2. No. 44].
July 29.
Whitehall.
339. Council of Trade and Plantations to Governor Rogers. Acknowledge letters of 27th and 29th May. We must desire you to be as punctual and particular as you can in your correspondence with us, for without that it will be impossible for us to do you any service in representing those matters which may be for the good of the Island. We have not yet receiv'd either the maps you mention, 31st Oct. 1718, and 27th May last, nor the tryal of the man that was executed [v. 27th May]. We are sorry to hear that the fears you are in of being attack'd by the Spaniards etc., has kept so many people from settling, but we hope your diligence may in some measure prevent your being attack'd, and forward the settlement of the Islands by all the proper means that may encourage the same. When the Islands come to be a little better settled, we shall propose to H. M. that the persons you have recommended be appointed Members of the Council by a mandamus from hence, in the meantime you have power under the Great Seal to constitute such persons you shall think the most proper to supply any vacancies in the Council, who will be Councillors to all intents and purposes till H. M. pleasure be known. [C.O. 24, 1. pp. 27, 28].
July 29.340. B. Ianthial to the Council of Trade and Plantations. Requests answer to July 23rd, etc. Signed, B. Ianthial. 1 p. [C.O. 217, 2. No. 80].
July 29.
Custom ho., London.
341. Mr. Carkesse to Mr. Popple. Encloses following to be laid before the Council of Trade and Plantations. Signed, Cha. Carkesse. Endorsed, Recd. 29th July, Read 5th Dec., 1719. Addressed. ¾ p. Enclosed,
341 i. Extract of letter from John Kelly, Collector of Jamaica, to the Commissioners of Customs. Jamaica, 30th April, 1719. 'Tis not to be imagined what straights the few trading people of this Island are reduced to since ye Declaration of a War with Spain, for that war which was thought here, the only expedient possible to redeem our trade to the Spanish coast (which was lost to us partly by the South Sea Compa. and partly by the number of pirates that roved about us) is the greatest checque to its restoration, and that for want of the like indulgence as was shewn to our own subjects the last war, which permitted them to trade with the Spaniards; there is now £10,000 worth of woollen and other Brittish manufacture lying perishing on the hands of ye merchants here, wch. they dare not export to the Spanish coast to the ruin of sevll. of them, but when it is considered how advantagious it is to England to have her manufactures exchanged for money, which drains the Spaniards of the sinews of war, at the same time that it inriches Great Britain, and how our Allies the Dutch and other Nations are gainers by ye trade denyed to us, it may be hoped it will not be thought ill policy to put the King's subjects on the like footing they were the last war, with respect to the Spanish trade without which H. M. Plantacons cannot subsist, etc. A project has been sett on foot for the retaking of the Bay of Campechia, which will be of the highest importance to the King's Colonies, and to his Revenue, it is to be considered what a great consumption of Brittish manufacture, as well as of the produce of ye Plantacons, what a number of men and shiping it will employ, which will in a great measure prevent ye further growth of pyracy, should this project be carried into execution, before the conclusion of a peace with Spain, it will be the easier established on a Treaty, etc. 2 pp. [C.O. 137, 13. Nos. 36, 36 i.].
July 30.
Jamaica.
342. Governor Sir N. Lawes to the Council of Trade and Plantations. Encloses duplicate of 28th April. Continues: Since which time I have not received any of your commands nor indeed since my arrival, except one letter from Mr. Popple etc. I am now to give some account of a report, we lately received of a Spanish squadron of ships being arrived in this part of the world, which occasioned us to lay an embargo on all the shipping, and Martial Law to be put in force. I shall endeavour to give as brief an account thereof, as I possibly can. On 24th June, a small vessel arrived here from Petit Guaves, the master whereof reported that a French ship from Rochell was arrived the day before he sailed from thence, who had met in her passage a little on this side the Tropick, about 40 odd sail of ships, and that he took them to be Spaniards, some of them having given him chace: soon after, intelligence was brought me by a vessel from Courassoa that a sloop was put into that port, who had been taken in these seas by several sail of Spanish men of war, and that they were designed to touch at Porto Rico; and this last account corroborating and agreeing with some advices we had received from England of several Spanish men of war being sailed for the West Indies, I did thereupon immediately summons a Council who were of opinion with myself that an embargo should be forthwith laid on all the shipping, and that a Council of War shou'd be summon'd as soon as possible, that with their advice Martial Law might be put in force; immediately three advice boats were fitted out, to gain what intelligence we could of the enemy and of their designs, one of them with instructions to view every port and harbour on the South side of Hispaniola and up as far as Porto Rico, the second with dispatches to the Marquis de Chasteaumorant, Governor of the French Colony on that Island [i.e., Petit Guavas.—Ed.], to know the certainty of what the master of the French vessel had reported, and that if at any time he should receive accounts, which might be depended upon, of the enemys intentions, that he would be pleased to dispatch an express to me therewith, the third vessel was sent in search of Commadore Chamberlain and the rest of H. M. ships (none of them being then in harbour except the LudlowCastle) to desire them to return for the protection of the Island with all possible dispatch. On 27th June the Council of War met and they advised me to put Martial Law in force for one month, which was accordingly done the day following, and all possible measures were taken for putting the Island in the best posture of defence, which we found in many respects to be in a very bad state and condition. I gave strict orders to the commanding officers to have their men well disciplined, and to return me lists of their respective regiments, that we might be certain of our strength. Some of them have already done it, but others lying more remote, their lists have not yet come to my hands, so soon as I can get them compleated the same shall be transmitted to your Lordships. The next thing that remain'd for me to do, was to view the Forts on Port Royal, and having taken the advice of the Council and others most skilled in fortifications, it was determined that the upper platform in Fort Charles which is intirely rotten and on which there are nine large guns planted, should be forthwith taken down and rebuilt, and that Walker's line should be gone on with, which when finished would be of the greatest use and service, it having almost the intire command of the harbour, and as this necessary work can be done with much less charge to the Government in time of Martial Law, than otherwise, so I hope what has been done and resolved on will meet with your Lordships approbation. We were now come to the 24th of July and none of our advice boats being return'd nor any other information of the enemy than what is before recited, I called another Council of War, who were of opinion that I should continue Martial Law in force, till the tenth of next month, and on the 28th instant the vessel which I had sent to the Marquis de Chasteaumorant returned with a letter of which the inclosed is a copy and at the same time I had notice of one Johnson being arrived in this Island from Courassoa, who had been taken by the Spanish squadron, and having examined him before myself and Council, refers to enclosure ii. The Commanders of the merchant ships being very impatient to have this Fleet sail to prevent a winter voyage, they petitioned me to take of the embargo and I advised with the Council on that head, and they were unanimously of opinion with myself, that the Island seemed for the present to be out of danger from any attempt that could be made by the Spanish ships of war mentioned in Johnson's affidt., whereupon I ordered the embargo to be taken off, but Martial Law to continue in force till the time before mentioned, in order to have our Militia better disciplined, and for compleating the work wch. is now begun on our Fortifications etc. In most of my former letters I represented to your Lordships our great want of wartime stores, and an Ingineer, I hope your favourable representation to H. M. on this head will be a means of our being supplied with what we so much stand in need of, and as this alarm has put the country to a considerable expence, and there being no mony in bank to defray that charge, so I shall when Martial Law ceases propose again to the Council the calling another Assembly, and I am in hopes they will give in to it, and that they will both meet with a better temper and disposition to do their King and their Country service than in the former Sessions. Nothing can be a greater uneasyness to me, than not to have it in my power, perfectly to reconcile the minds of the inhabitants of this Colony to one another, however from so long a recess their warmth seems to be somewhat abated, and surely in this time of publick danger they ought all to unite and set about doing something for the good and defence of their country; for my part I shall earnestly endeavour, as I have hitherto done, the accomplishing that which was my chief desire, the doing H. M. service and uniting the people, that this fruitful Island may again flourish. Refers to enclosure iii. Signed, Nicholas Lawes. Endorsed, Recd. 15th Oct., 1719, Read 2nd Nov., 1720. 5¾ pp. Enclosed,
342 i. Marquis de Chateaumorant, Governor of Petit Guavas, to Governor Sir N. Lawes. Leuganne, 31st July, (N.S.), 1719. Confirms report of master of French ship referred to in preceding, but the squadron was heading north, which makes him think it was a Portuguese fleet returning to Europe. Promises to send an express in the event of his receiving important news. Concludes: But I think you may be at ease, for I am informed by the Marquis de Sorel, who is coming to relieve me in this Colony, that the squadron which brings him, has received orders to go to Louisiana to defend it against the Spaniards who are going there by land and sea etc. Signed, Chasteaumorant. Endorsed as preceding. Copy. French. 1½ pp.
342 ii. Deposition of John Johnson. Deponent was taken by 7 Spanish men of war, north of Antego, and carried to Porto Rico. The Spanish Fleet then steered west. Five of them were reported to be bound for La Vera Cruz and two to the Havana. They were deep laded, but not above 100 soldiers apeice aboard the three largest etc. Signed, John Johnson. Same endorsement. Copy. 1 p.
342 iii. Receiver General's account of H. M. fortifications in Jamaica, 25th March, 1719. Signed, Richd. Mill, Nicholas Lawes, Deane Poyntz, Dep. Auditr. Same endorsement. 2 pp.
342 iv. Receiver General's account of H. M. Revenue in Jamaica. March 25, 1719. Signed and endorsed as preceding. 4 pp. [C.O. 137, 13. Nos. 38, 38 i.–iv.; and (without enclosures) 138, 16. pp. 249–256; and (abstracts of covering letter) 137, 51. Nos. 72, 73].
July 30.
Whitehall.
343. Mr. Delafaye to the Governor of New York. Encloses following. Concludes: The Lords Justices direct that you enquire into this matter and send to Mr. Secry. Craggs a full and particular account of it to the end restitution may be ordered if the complaint is well grounded, and if not, that a satisfactory answer may be given thereto. Signed, Ch. Delafaye. Annexed,
343 i. Monsr. Chammorel, French Secretary and Chargé des affaires, to the Lords Justices. Requests that justice may be done to M. de Rosset, restitution made and damages paid. Hopes that the proceedings of Capt. Jacob will be deemed quite unjustifiable, etc London, 26/15 July, 1719. French. Copy. Annexed,
343 ii. Extract of letter from Mons. de Rosset, Capt. of the ship La Victoire belonging to the Compagnie Française d'occident, to M. de Chammorel, New York, 15th May, 1719. Returning from the Mississippi to France I was forced to refit my ship at the Havana. I took in a cargo of tobacco for the King of Spain to be landed at Cadiz. I left in haste owing to the rumour of a rupture between France and Spain. Meeting with the English man of war Diamond, off Bahama, I was enticed on board by an unworthy trick. Capt. Jacob broke his word of honour by keeping me prisoner, and seizing my vessel after firing at her for half an hour though no shot was fired in return, under pretext of instructions to make reprisals upon Spanish vessels. He searched and despoiled my crew and sent back a dozen Spaniards I had engaged to reinforce my crew, and carried me to New York, where I have pleaded for over three months, but only succeeded in obtaining restitution of my ship, the captain having seized everything in her, French and Spanish goods alike. I am reduced to the most pitiable condition, being without food or credit and with the expence of a large crew. The Captain has thus violated the Treaty of Commerce and Navigation (Utrecht), which he says was only made for Europe etc. The cargo was worth 500,000 francs and damages, 20,000 crowns etc. Copy. French. [C.O. 324, 33. pp. 245–251].
July 30.
Whitehall.
344. Mr. Delafaye to Lt. Governor Keith. Encloses representation of Council of Trade and Plantations, approved of by the Lords Justices etc. Continues: I am to signify to you their Excys. approbation of what you have done and their directions that you do as is proposed in the said report continue to act as Governor of Pensilvania under your former appointment till the present Proprietors and the Trustees shall have settled their differences between them; or untill further signification of H. M. or their Excys. pleasure. Signed, Ch. Delafaye. Annexed,
344 i. Copy of representation of Council of Trade and Plantations to the Lords Justices, 21st July, 1719. [C.O. 324, 33. pp. 252–255].
July 31.
Whitehall.
345. Alured Popple to Mr. West. Encloses (in the absence of his father) Acts of Barbados 1718, 1719 for his opinion thereon, together with those referred 23rd April, as soon as may be. [C.O. 29, 13. p. 505].
July 31.
Whitehall.
346. Mr. Delafaye to the Council of Trade and Plantations. The Lords Justices have approved your Lordships report of 21st instant, and I have written to Mr. Keith accordingly etc. Signed, Ch. Delafaye. Endorsed, Read 14th Aug., 1719. ½ p. [C.O. 5, 1265. No. 129; and 5, 1293. p. 221].