America and West Indies
July 1720

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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60-76

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'America and West Indies: July 1720', Calendar of State Papers Colonial, America and West Indies, Volume 32: 1720-1721 (1933), pp. 60-76. URL: http://www.british-history.ac.uk/report.aspx?compid=74102 Date accessed: 02 August 2014.


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Contents

July 1720

July 1.
Whitehall.
133. Council of Trade and Plantations to Governor Hamilton. Being informed that there is a suit depending between Mr. Stephen Duport and his sons widdow for a plantation in St. Christophers, and that his attorneys have met with some delays, particularly in the issuing out a writ of rebellion against the said widow; we thought fit to give you this notice thereof, and to desire you will examine whether any unjust delays have happen'd in this or any other case in the administration of justice within your Government, and take effectual care to remedy the same, that Mr. Duport or other H.M. subjects may not suffer thereby, but have speedy Justice. And whereas Mr. Duport has represented to us that he has been at considerable expence in procuring ye stores of war some time ago sent to the Leeward Islands, and for the incident charges in shipping them off, which he has not yet been reimbursed; we recommend it to you that the just expences for the publick service be punctually repaid. [C.O. 153, 13. pp. 457, 458.]
July 1.
Office of Ordnance.
134. Board of Ordnance to the Lords Justices. Enclose as directed estimate for bedding and stores demanded by Governor Burnet for H.M. garrisons in the Province of New York etc. Parliament has never made any provision for those services, alledging they were able and ought to supply themselves, nor have we any officer there. Upon extraordinary emergencies this Board has by warrant from her late Majesty, supplyed them several times with stores to the amount of £10,000 never yet repaid, wch. has reduced the state of stores here and occasioned a debt upon the Office. We therefore humbly hope your Excellencys will give directions for supplying the said garrisons some other way. Signed, T. White, Cha. Wills, M. Richards. Endorsed, Recd. (from ye Secrys' Office by Mr. Delafaye) 11th. Read 12th Jan. 172½. Copy. 2 pp. Enclosed,
134. i. Estimate of stores designed for H.M. Garrisons of New York. Total: £1090 4s. 4d. Copy. 1p. [C.O. 5, 1053. ff. 18–19, 21v.]
July 2.
Whitehall.
135. Council of Trade and Plantations to the Lords Justices. Enclose Mr. West's opinion, June 20th. Continue: We beg leave to represent that it would not be for H.M. service to annul the 54th Instruction to Governors, in as much as the same is perfectly agreeable to the Laws of this Realm, neither can the second memorial be comply'd with without taking from the Provincial Courts in the Plantations the power of granting prohibitions, which would be giving up the jurisdiction of the Common Law; but in case the Provincial which are the Common Law Courts in the Plantations, should incroach in any particular instance upon ye just rights of the Admiralty Courts there, it is not to be doubted but that they will obtain redress upon application to H.M. in Council here. [C.O. 324, 10. pp. 280, 281.]
July 2.
Whitehall.
136. Order of Lords Justices in Council. Referring preceding representation of the Council of Trade and Plantations to the Lords Commrs. of the Admiralty for their further opinion thereon. Signed, Edward Southwell. Endorsed, Recd. Read 11th Jan., 1720/21. ¾ p. [C.O. 323, 8. No. 17.]
July 3.
Placentia.
137. Lt. Governor Gledhill to Mr. Secretary [Craggs?]. Original of Nov. 1st. No. i. Signed, S. Gledhill. Endorsed, R. 29 Oct. 7 pp. [C.O. 194, 24. No. 13.]
July 4.
Pyrmont.
138. H.M. licence of absence for six months to Governor Shute to come to Great Britain to settle some private affairs of his own. He is to take effectual care to leave things in such a condition that H.M. service and the welfare of those Provinces may suffer no prejudice by his absence, and that the Government be administered as is appointed by his Commission and Instructions. Countersigned, Stanhope. Endorsed, Recd. 19th. Read 21st March, 1722/3. 2/3 p. [C.O. 5, 868. ff. 342, 343v; and 324, 34. p. 11.]
July 7.139. Mr. Tryon to Mr. Popple. I received your letter last night etc. The gentlemen opposed to the commuting Act ask permission to wait on the Board next week etc. Signed, Thos. Tryon. Endorsed, Recd. Read 7th July, 1720. 1 p. [C.O. 28, 15. No. 94.]
July 8.140. Governor Burnet to Mr. Delafaye. Upon your telling me that the Lords Justices did expect that the Province of New York should provide for the repayment of what money the stores sent to that province formerly had amounted to, and that the stores now desired will amount to, I have informed myself from Brigadier Hunter, if such a provision could be expected from the Assembly of New York, and he is of opinion they will never contribute to anything that relates to the regular forces; which add a strength to the Government of which the Assembly are jealous being desirous of being as independant as they can. This makes it seem the more necessary to have the troops and stores in good order not only in case of an enemy, but likewise to prevent disorder in the province. Such have happened already in the case of the Palatines, who once took up arms and refused to obey the Government, but were dispersed on the troops advancing. In like cases if the troops are unprovided the Government there would be in danger of the greatest confusion, all which makes me humbly hope their Excellencys will order the said stores to be provided as formerly. Signed, W. Burnet. 2 pp. [C.O. 5, 1085. No. 28.]
July 11.
Whitehall.
141. Mr. Popple to Mr. West. Encloses seven Acts passed in Barbados 1719, 1720, for his opinion thereon in point of law. [C.O. 29, 14. pp. 78, 79.]
July 12.
Whitehall.
142. Warrant of the Lords Justices appointing Peter Beverly to the Council of Virginia. Copy. Countersigned, Cha. Delafaye. [C.O. 324, 34. p. 9.]
July 13.
Boston, N. England.
143. Governor Shute to the Council of Trade and Plantations. The new chosen Assembly mett on this day, and have chosen another Speaker in the roome of Mr. Cooke; so that I hope the affairs of the Province will now go smoothly on, and H.M. just Prerogative be asserted which I shall allways stedfastly adhere to. Signed, Samll. Shute. Endorsed, Recd. 17th Aug., 1720. Read 7th March, 1720/1. 1 p. [C.O. 5, 868. ff. 3, 4v.]
July 13.
New York.
144. Col. Schuyler to the Council of Trade and Plantations. Abstract. Encloses Journal of Indian Interpreter sent to the place where the French have erected their house. Recommends that regard be had to it both for settling the boundaries between the two Colonies and that the Court of France may enjoin the Governor of Canada to demolish the building and not to make such attempts for the future, for though they call it a trading house, it is evident they must have a farther view, it being a pass through which the five Nations generally go to hunt and the Far Indians come to trade at Albany. If they should be permitted to get footing there, it might prove of fatal consequence to H.M. settlements. Repeats 9th June. Will write to the Governor of Canada, but is doubtful of success. Will study to preserve the Province in the perfect peace and tranquility in which it is etc. Set out, N.Y. Col. Docs. V. 549. Signed, Pr. Schuyler. Endorsed, Recd. 9th Sept. 1720. Read 18th Jan., 1720/1. 1¾ pp. Enclosed,
144. i. Journal of Lawrence Clawsen, Interpreter from the Sinnekies Country, 22nd May, 1720. On 24th [April] I set out with 3 Sachims of the Sinnekies in order to go to Octjagara where we arrived on the 30th. I in behalf of the Sachims told a French merchant who was there in a house of 40 ft. long and 30 wide with two other French, that the five Nations have heard you are building a house at Octjagara, and having considered how prejudiciall a French settlement on their land must prove to them and their posterity, have sent me and the Sachims to acquaint you with their resolution that it is much against their inclination that any buildings should be made here and that they desire you to desist further building and to leave and demolish what you have made. The French merchant answered that he had leave from the young fighting men of the Sinnekies to erect a house at Octjara, and would not demolish it before he did write to the Governour of Canada who had posted him there to trade for him etc. The Sachims say'd they never heard that any of their young men had given such leave. On 7th May I returned to Tjerondequatt where I met a French Smith sent by the Governour of Canada to work for the Sinnekies gratis he having compassion on them as a Father on his children knowing they wanted a smith since they have layed out a new castle, and that three French cannoes loaded with goods went up to the tradeing house at Octjagara. The same day I went to the Sinnekies Castle and repeated to the Sachims and young Captains (in the presence of Jean Coeur the French interpreter) what I told the French merchant at Octjagara and his answer, on which the Sachims and young Captains sayd that the French had built the house without askeing any of them leave, and desired that their brother Corlaer might do his endeavour to have said house demolished that they may preserve their lands and hunting etc. Jean Coeur interrupted me when I repeated the above speech to the Sachims and young Captains and sayd "You endeavour to have the house demolished only because you are afraid that you will not get any trade of this Nation and the farr Indians for when wee have and keep a house and people there we can stop all the Sinnekies and farr Indians but not that you are afraid that wee shall keep the land from this Nation." Whereon I made answer that the French make the settlement at Octjagara to incroach on the five Nations to hinder them of their hunting and debar them of the advantage they should reape by a free passage of the Farr Indians through their castles, and in hopes to impose on the said Nations by selling them goods at an extravagant rate as for a blanket of strowds for 8 beavers a white blanket 6 and other goods proportionally. Whereas they may have them at Albany for half which the said Indians affirmed to be true. Copy. 3 pp. [C.O. 5, 1052. ff. 123–125, 126v.]
July 13.
Barbadoes.
145. John Frere, Commander in Chief, Barbados, to the Council of Trade and Plantations. The Government of this place being devolved on me by the absence of Mr. Lowther, I thought it my duty herewith to transmitt to your Lordships the Minutes of Councill on the day of H.E.'s departure, etc. The inhabitants are very easy and quiett; I shall make it my study and care to keep them so etc. Signed, Jno. Frere. Endorsed, Recd. 7th Sept., 1720. Read 18th May, 1721. 1 p. With memorandum of Minutes of Council, 30th June, 1720. ¼ p. [C.O. 28, 17. ff. 86, 87v., 88.]
July 13.
London.
146. Rev. W. Gordon to the Council of Trade and Plantations. I humbly beg leave to be heard in behalf of the Gentlemen of Barbadoes against confirming a law lately made for regulating the Court of Exchequer. Signed, W. Gordon. Endorsed, Recd. Read 13th July, 1720. Addressed. 1 p. [C.O. 28, 15. No. 95.]
July 13.
Whitehall.
147. Council of Trade and Plantations to Lt. Governor Spotswood. Acknowledge letters of 26th May, 11th Aug. 1719, 1st Feb., and 5th May, 1720, the last of which we have answer'd by a ship that was just sailing when we receiv'd it, being unwilling to loose that opportunity of congratulating you and the Council upon your reconciliation. The abovementioned letters will not require much to be said to them, the greatest part of them being upon matters which are now to be forgot. However we must acknowledge your care in transmitting to us the several Journals, accounts and other publick papers etc. We observe what you write, 26th May, in relation to the discontinuing the salary to the Judges of the Courts of Oyer and Terminer, and making an establishment for the Judges for the tryal of pirates, but since you and the Council are now likely to live upon good terms together you may reconsider that part of your letter and let us have your second thoughts thereupon; In the mean time we presume the expence for trying of pirates will not be very great, the Courts for those tryals being only accidental and for that reason less proper to be look'd upon as establish'd Courts. We also take notice of what you write in the same letter in relation to the effects of Thach the pirate, But upon this occasion we think you ought rather to have govern'd yourself by the 56th Article of your Instructions, and kept the produce of those effects in your hands till H.M. pleasure had been known, and you would have done well if you had inform'd us into whose hands you had remitted that produce. It would seem to us that you have done your duty in suppressing the pirates on the coast of North Carolina and no complaint has hitherto been offer'd to us against you upon that account; but in case any should come before us what you have written upon this subject may then be of use. We shall be very glad to receive your answer to the queries we sent you, 26th June, 1719, with all convenient speed, and desire that you will be very particular therein. We return you our thanks for the acct. you give us of St. Augustine, 1st Feb. last, but the general Peace leaves no room for executing your proposal on that head; However since there is so large a ballance upon the acct. of the duty on liquors and slaves, we think it would be a very considerable service if that part of money (supposing the same not to be particularly appropriated) were apply'd to the extending your frontiers towards the mountains, and building forts at the heads of the rivers to protect the inhabitants; As we are very little appriz'd of the state of your out-settlements, you the Council and Assembly of Virginia will be best able to take the proper measures for your own security upon this occasion, wherein notwithstanding you will avoid giving any just cause of offence to your European neighbours, but as there are several considerable rivers that come from the mountains we desire you would let us know as soon as may be what forts or fortifications there are already built, if any upon those rivers to secure the British Colonies from the insults of the bordering Indians, or from the encroachments of your other neighbours. We have consider'd your letter to Colo. Schuyler and have given a copy of it to Mr. Burnett now going over to New York, and discours'd with Brigdr. Hunter thereupon who is of opinion (and we agree with him) that the five Nations of Indians should not be govern'd with a high hand, but led by gentle means and fair usage, considering the increase of the French power in North America, and how they make it their business to court the natives there, and Albany therefore having generally been the place appointed for treating with the five Nations where the Lord Howard and several others succeeding Governors of Virginia have met them for that purpose, we would recommend to you to wave the ceremonial provided the essential part of it can be obtained. In order to this end we are of opinion that after Mr. Burnet's arrival a time of meeting should be appointed, that you should send Commissioners from Virginia to treat with the five Nations at Albany and that these Commissioners should take along with them one or more Deputies with the belts of Wampum from each of the Indian Nations in your Govt. in order to make a firm and lasting peace with the said five Nations, and that this be done in the most solemn manner; That these Indian Deputies should describe their situation and abode as particularly as may be, that the New York Indians may avoid giving them disturbance upon any occasion whatever; If the Tuscaruros have been protected by the five Nations as you suggest, it will be reasonable that in the propos'd Treaty the said five Nations should be engaged to procure a peace between the said Tuscaruro Indians and all H.M. subjects on the Continent of America. We shall only observe that this method of treating with the Indians is more agreeable to your own sentiments in your letters of the 11th Aug. to us than to what you write in your letter to Colo. Schuyler. etc. Enclose Mr. West's report upon the two Acts mention'd 26th June, etc. [C.O. 5, 1365. pp. 216–221.]
July 14.
London.
148. Mr. Gordon to the Council of Trade and Plantations. In obedience to their Lordships, states the advantages and disadvantages that would arise from the settlement of Sta. Lucia. Advantages:—(1) It would be an addition of strength to the English, etc. (2) It has good ports, capable of containing a fleet of men of war and where they may be careened etc. (3) The soil is of the same nature as Martinique, and very proper for producing cocoa; a species of merchandize which the English have never yet produced, and which they consume great quantitys of, especially in our Colonies, where every mechanic drinks chocolate for breakfast and supper, etc. (5) Colonies in the West Indies are more beneficial to Britain than in North America; Dr. Davenant on the Plantation Trade ingeniously calculates, every English subject in the West Indies adds to the wealth of Britain 7s. 6d. per ann. for every 2s. 6d. that a subject in North America adds. (6) By its scituation, Sta. Lucia could very much annoy Martinique, etc. Disadvantages. (i) It would encrease the sugar trade, of which there is already more produced than the markets of Europe can well consume; and by consequence damage already settled Colonys. Suggests that the grantees be restrained from planting sugar canes, which involve a capital of several thousands of pounds, whereas all the utensils requisite for curing of cocoa are not worth £20. (ii) The soil is so rich, that the inhabitants of Barbados, especially the poorer sort, would be tempted to forsake their habitations in Barbados which are now worn out, and settle there etc. The poor immigrants from Barbados to Antigua, tempted there by Col. Codrington's offer, when Governor of Antigua, of 10 acres of land gratis, were no loss to Barbados. Many hundred families have gone from Barbados to Carolina and Pensilvania; But they were such for the most part who had run themselves more in debt than they were worth in Barbados, and could have been no longer useful in that Island, and yet are now some of the toppingest inhabitants where they are, and many of them have paid their old debts etc. Barbados will benefit by the hard timber which must be cut down to clear the ground in a new Colony, which they now annually pay the Dutch of Surinam and Isacape great sums for etc. It would be a very necessary addition to the English strength forthwith to settle St. Vincents and Tobago both, now, whilst we are in a condition of doing it. Signed, W. Gordon. Endorsed, Recd. 14th July, 1720. Read 18th May, 1721. 4½ pp. [C.O. 28, 17. ff. 97–99v.]
July 15.
London.
149. Mr. Gordon to the Council of Trade and Plantations. Objections to the Act of Barbados for regulating the Court of Exchequer. (i) The Act deprives every person from suing in that Court but such as are officers of the Court or Crown and debtors and accomptants to H.M. etc., and directs all others to make their recoverys in the Common Pleas Courts, which do not sit in that Island from the latter end of Sept. to the beginning of Feb. etc. Whereby those who sue in the Exchequer may have a speedier way of recovering debts and may obtain satisfaction in full whilst leaving nothing for equally just claims upon an estate etc. Examples given. (ii.) The Act is calculated purely for preventing the speedy recovery of debt etc. (iii.) It makes being a Baron or Officer of Exchequer of so great consequence, that all the greatest merchants in the Island, who never used formerly to concern themselves with being judges of the Courts of Law, do now use their utmost endeavours to obtain that office, and, as 'tis said, at some expence, so much to the prejudice of other merchants that they are grown very cautious how they trust shopkeepers with merchandize who deal with the officers of the Exchequer etc. P.S. I should have offer'd reasons against an Act to prevent H.M. subjects within Barbados from having any trade or commerce with, or giving any protection etc. to any rebellious subjects of His most Christian Majesty, but as that law was only temporary, I shall only observe that, notwithstanding the specious title, it was one of the most pernicious laws that ever was made, ruin'd above an hundred poor familys who were thereby deprived of their usual subsistence by going to Tobago, St. Vincents, Sta. Lucia for wood and turtle, and vested such an unlimited power in the Governour and Council, to punish only for going to our own Colonys, and that too by a sort of Popish Inquisition, as never was heard of in that Island before. Signed, W. Gordon. Endorsed, Recd. 15th July, 1720. Read 18th May, 1721. 4 pp. [C.O. 28, 17. ff. 106–107v.]
July 15.
Whitehall.
150. Mr. Delafaye to the Council of Trade and Plantations. The Lords Justices desire your attendance on Tuesday etc. Signed, Ch. Delafaye. Endorsed, Recd. 16th, Read 19th July, 1720. 1 p. [C.O. 323, 8. No. 11.]
July 18.
Herenhausen
151. H.M. Warrant granting the office of Clerk and Remembrancer of the Court of Exchequer in Barbadoes to Charles Huggins, to hold, by himself or sufficient deputy, for life. He is to reside within the Island, and not to be absent without H.M. leave. Countersigned, Stanhope. [C.O. 324, 34. p. 10.]
July 18.152. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to 24th June. If such a patent as is prayed by Mr. Shard (June 14) might be granted by law, the makeing it a stock jobbing business may be prevented by inserting a clause therein for that purpose. But upon the case as stated to us we apprehend that the art pretended to by the petitioners does not appear to be a new invention of which the sole use is grantable. Besides that we are very doubtfull upon consideration of the Statute of 21 Jac. i.c.3 whether the Prerogative of the Crown for makeing grants of this nature exclusive of other persons extends to the Plantations. Signed, Rob. Raymond, Phi. Yorke. Endorsed, Recd. 22nd July, 1720. Read 25th May, 1722. ¾ p. [C.O. 323, 8. No. 30.]
July 19.
New Hamps., New England.
153. Mr. Armstrong to the Council of Trade and Plantations. Reply to their enquiry through H.M. Commissioners of Customs, Oct. 31st last, recd. 8th inst., as to what manufactures of woollen and linnen are carried on in his district. As to New Hampshire they have made but little improvement in their woollens. By reason for many years past they have altogether gone upon lumber and navall stores etc., within this three years past there is about 500 Irish familys come over, who has put ye inhabitants upon improving and making linnen cloth fitt for their shirting and sheeting, and will doe ye same where they settle etc. Refers to previous communications, 1709, etc. and proposals for Naval Stores from N. England by Sr. Matthew Dudley and others. Continues: But since that matter mett with such various sorts of obstructions at home etc., had that matter been then obtain'd it would timely prevented them from raising and improveing their woolen manafacty. which they have now brought to great perfection both as to goodnes and quantity, severall thousand pounds worth of stuffs and druggetts made in ye severall Colonys, are sold in the shop at Boston. Since New England is capable of produceing their own manufactures as woollen, linnen, iron, copper and raising of Navall Stores, and they are now fully bent that nothing shall divert them from it, I presume in a few years they will sett up for themselves independent from England. In 1717 I made a seizure of a sloop load of wool imported from one Plantation to another contrary to the Act of the 10th and 11th of K. Wm. and the same was adjuged a lawfull seizure, and ye wool and vessell condemnd according to Law, and a decree for sale of ye same. Upon which the Courts of Common Law here entred a prohibition agt. the Judge of Admiralty, not to enter such actions, as not being cognizable in his Court, so by this means all our suites will be stopped if these prohibitions be allowed, for its only from the jurisdiction and authority of that Court ye officers can be supported for H.M. service etc. I am humbly of opinion that there is an absolute necessity to have that Act more fully explained at home, and that it may be in the power of the Courts of Admiralty in the Plantations fully to determine that matter. Otherwise the seizing of wool here will be to no effect and they will still be encouraged to transport wooll from one Collony or Plantation to another, which will unavoidably enable them to make greater quantitys of their woollen manufacturies.
P.S.—Ye greatest stocks of sheep are raisd to the southward vizt. in the Massachusetts Goverment, Rhoad Island and Connecticut and I am credibly informd there is upon three or four Islands belonging to these Governments above 30,000 sheep besides ye vast quantitys upon ye main, and yt. ye wool from the Islands is yearly transported to ye severall Colonys to be manufactured to ye great disadvantage of Great Britain. Signed, Rot. Armstrong. Endorsed, Recd. 14th Sept., 1720. Read 5th July, 1722. 2¼ pp. Enclosed,
153. i. James Menzies, Judge of Admiralty in New England, to H.M. Commissioners of Customs. Boston, 25th July, 1717. Refers to Memorial submitted by him to the Lords Commrs. of the Admiralty, 10th Aug. last, relating to case referred to in preceding. Continues: I am humbly of opinion that ye jurisdiction and Courts of Admiralty in New England were mightily encroached upon by the Judges of Common Law etc., and thereby the contrabeiners of the Acts of Trade encouraged, from which illegal invasions unless I were releived it would be impossible for me to prevent ye inconveniencys and damage that would inevitably follow to the trade and manufacterys of Great Britain and in particular to the woolen manufacture thereof etc., etc. Signed, James Menzies. Copy. 2 pp. [C.O. 5, 868. ff. 274–275, 276, 276v, 277v.]
July 20.
Whitehall.
154. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose Office accounts from Midsummer, 1719 to Midsummer, 1720. There was then 6 months salary due to the Secretary and other Officers, etc. Accounts annexed. [C.O. 389, 37. pp. 182–184.]
July 20.
Whitehall.
155. Mr. Delafaye, Secretary to the Lords Justices to the Council of Trade and Plantations. Encloses following for their report thereon. Signed, Ch. Delafaye. Endorsed, Recd. 20th. Read 21st July, 1720. 1 p. Enclosed,
155. i. Petition of John Conrad Weiser and John William Schef to the Lords Justices. In behalf of themselves and 3000 German Refugees in New York, pray that instructions may be given to the new Governor for their speedy settlement on land still in the disposal of the Crown etc. Signed, Johan Conrad Weiser, Johan Wilm. Schef. ¾ p. [C.O. 5, 1052. ff. 20, 21, 22v, 23v.]
July 20.
Charles Town.
156. Richard Platt to Samuel Barons. Sr. we have a report here by way of N. England of a warr wth. France wch. God forbid, and if so this Country will soon be lost, we are in a very great confusion concerning the affaire of this Governmet. of ye Porprietors, wch. if they find rebewed they are resolved to quit the country, wch. will be of the utmost evill consequence; some are already going off and many other of our princepall inhabitants are impatient for advises from England if H.M. will take care of this country or not, and if speedy care be not taken I see nothing but desolution and destruction must be the consequence. Wee have had such a prodigious dry time as never was known before by any living, not a drop of rain has scarce fell in most parts of ye country for five months, so that people have planted over again several times and now allmost dispaire of makeing anything, there is abundance of corn and provisions already everywhere irrecoverably lost, droves of cattle etc. too and again the country dye for want of water, our rivers being salt, that corn and provissions is become already so scarce, that corn is sold for 50s. pr. bushl. and small rice wch. used to be of little value for 50s. pr.c. and hardly any to be had, abundance of people are oblig'ed to kill their cattle and smoke dry it, to feed their negroes, I dread what the consequences of all things may be that for my part I wish I could get farely out of the country. Signed, Richd. Splatt & Co. N.B. said Mr. Splatt is ye most considerable mt. in Carolina to his unkle the sd. Mr. Barons in London also ye most considerable trader to Carolina. Addressed. Copy. 1 p. [C.O. 5, 382. Nos. 21, and (duplicate) 22.]
July 20.
Whitehall.
157. Mr. Delafaye to the Council of Trade and Plantations. Encloses following: You are to inform the Lords Justices of the state of that affair before Tuesday next, which they have appointed for the consideration of that matter etc. Signed, Ch. Delafaye. Endorsed, Recd. 20th, Read 21st July, 1720. 1 p. Enclosed,
157. i. Petition of Wm. Lord Craven an Infant by Sir Fullwar Skipwith to the Lords Justices. Prays to be heard touching his title to the Bahama Islands, surrendered to H.M. by several persons druing his infancy. 28th Oct., 1717. etc. Signed, Craven, Fulwar Skipwith. Copy. 2 pp. [C.O. 23, 1. Nos. 24, 24. i.]
July 21.
Whitehall.
158. Council of Trade and Plantations to Governor Philipps. Acknowledge letters of 3rd Nov. 1719, and 3rd Jan. and 26th Feb. 1720. We are very sory to perceive, that you have been detained so long in New England, because we are perswaded your presence at Annapolis would have put things on a better foot, particularly with relation to the French at Cape Breton and their fishing at Cançeau, tho' we hope there is no foundation for ye report of their threatning to seize any of ye King's ships, that shall be on that station. However we shall lay before the Lords Justices the account you give us of their fishery at Cançeau, and the behaviour of the French inhabitants at Minis and Shekenecto for their directions therein. As also what you write in relation to your not making grants of land before a survey be made of the country, and shall propose that a Surveyor be immediately sent to you for that purpose, and shall not fail to give you timely notice when their Excellencies pleasure shall be declared therein. In ye meanwhile it will be proper for them to adhere very closely to your Instructions on this as well as all other heads. We shall in like manner represent your proposal for removing three companies from Placentia to Annapolis Royal, with our opinion of the expediency of it, as also the necessity of raising a small fort at Minas to keep the French in awe, in case it should be thought expedient to let them continue there. We hear the Lords of ye Admiralty have ordered a sloop, which we hope will answer what Col. Doucet desires. And the Lords of the Treasury have, as we are informed, given directions concerning presents for the Indians. We observe what you write in relation to the old patents granted for land between New England and Nova Scotia; But as those lands are not within the bounds of your Government; we need say nothing to you thereupon; but in case you should find any grants or patents for land in Nova Scotia, you are to give us a particular account of them but not to confirm ye same, till H.M. pleasure be known. And this will serve for an answer to what you write on the representn. of the inhabitants of Mary Town. The boundaries between your Governmt. and the French are not yet settled with the Court of France. But we understand them to be as follows. All the lands and islands lying within the limits following vizt. From the mouth of the river St. Croix (in or near the Bay of Fundy) up that river northward, and from thence by land to the head of ye river Moy (that runs into ye great River St. Lawrence) thence down the said Rivers of Moy and St. Lawrence to Cape Roas, and thence southwardly thro' the Gut of Canço, and from thence southwesterly to Cape Sables, and from thence up to the sd. River of St. Croix. [C.O. 218, 1. pp. 464–467.]
July 22.
Admiralty Office.
159. Mr. Burchett to Mr. Popple. Encloses following for the information of the Council of Trade and Plantations. Signed, J. Burchett. Endorsed, Recd. 25th July, Read 4th Aug. 1720. 1 p. Enclosed,
159. i. Lieut. Governor Wentworth to Mr. Burchett. New Hampshire, 30th May, 1720. Mr. Bridger has laid several complaints before me this winter, in relation to the destruction of H.M. woods, notwithstanding the care taken, not only by him, but also by this Government, indeed I must impute a great deal of it to the new officer's not coming etc. In spite of the Surveyor General's forbidding men's going into the woods to cut trees without his warrants, many have adventured to do it etc. On 6th inst. he apply'd to me for a guard, which I immediately granted. He wth. the Sheriffe under that guard went into the countrey, and there did secure 16 masts, which he assures me were cut without the Royal licence, or the Surveyour's warrant. I am humbly of opinion that there should be an example made etc. Signed, Jno. Wentworth. Copy. 2 pp.
159. ii. Mr. Bridger to Mr. Burchett. Portsmouth, May 1st, 1720. The persons who cut the trees I siezed (v. preceding) made complaint to Governor Shute, who ordered Lt. Governor Wentworth to hear them. They answered by a former warrant of 1718, for 136 trees, which by the express words of my warrant were to be cut down that season etc. Prays for consideration of his services and sufferings etc. Signed, J. Bridger. Copy. 3¾ pp. [C.O. 5, 867. Nos. 70, 70. i., ii.]
July 22.
Whitehall.
160. Mr. Delafaye to the Council of Trade and Plantations. The Lords Justices direct that you send to Mr. Attorney and Sollicitor General as soon as possible information relating to Lord Craven's claim etc. Signed, Ch. Delafaye. Endorsed, Recd. 23rd. Read 25th July, 1720. 1 p. [C.O. 23, 1. No. 25.]
July 25.
Whitehall.
161. Council of Trade and Plantations to the Lords Justices. Representation upon Lord Craven's petition, 20th July. Refer to grant of the Bahama Islands, 1670, and address of the House of Lords, March 1705, for resuming them to the Crown, and Representations thereon etc. (v. C.S.P. 1706, Nos. 327, 328, 336. i., ii., 362, 375, 993. i.) The latter representation, June 17, 1708, was by H.M. Order in Council referred to Mr. Sollicitor General for his opinion, but his report being to H.M. in Council, we do not find any entry of it in our Books, nor do we know what further proceedings were had in Council or elsewhere upon this subject; However we have been informed that Holden did not go Governor (v. C.S.P. 1708. No. 993. i.). Refer to proceedings in 1709, and "nothing having been done thereupon," to Representations of 14th Dec., 1715 and 10th March, 1716. q.v. Since which time nothing has been transacted at our Board till 28th Oct., 1717, when four of the Proprietors surrender'd their rights. Quote Attorney General's opinion upon that transaction, v. 10th Dec. 1717 etc. Upon which we take leave to observe that it is very clear from the reports of former Attorneys and Sollicitors General that had not this surrender been made the Proprietors by their long neglect in providing for the security of the said Islands and H.M. subjects inhabiting there had forfeited their right of Governmt. and that H.M. might legally provide both for the civil and military Govt. of those Islands, and we would submit to your Excellencies whether it may not be proper for H.M. Attorney and Sollr. to consider how far this forfeiture may likewise have affected the propriety of the soil. As to the Lord Craven's allegation that the legal right in and to all the powers and priviledges under the Letters Patents did legally vest in and come to the late Earl of Craven from and under whom the petitioners late father was, and the petitioner now is well entitul'd. This being a matter of law we shall only observe upon the two abovementioned Memorials, that the first was sign'd by the late Lord Craven in conjunction with the rest of the Proprietors, and that the last was sign'd also in conjunction with the rest by Sr. Fulwar Skipwith as guardian to the present Lord etc. We enclose three extracts from our books of transactions wherein the Lord Craven's ancestors under whom he claims, have acted in conjunction with the other Lords Proprietors of the Bahama Islands. Annexed,
161. i. Extract from Commission by the Lords Proprietors of the Bahama Islands to Governor Webb. 12th Nov., 1696.
161. ii. Representation by the Lords Proprietors of the Bahama Islands, C.S.P. 1700. No. 308. ii.
161. iii. Extract from Commission by the Lords Proprietors of the Bahama Islands to Governor Birch. C.S.P. 1702. No. 614. [C.O. 24, 1. pp. 36–47.]
July 25.
Whitehall.
162. Mr. Popple to Brigadier Hunter. Desires his opinion upon the petition of John Weisser etc. v. No. 155. i. [C.O. 5, 1124. p. 233; and 5, 1079. No. 119.]
July 26
London.
163. Brigadier Hunter to the Council of Trade and Plantations. In reply to preceding, repeats former accounts of settlement of Palatines etc. Set out, N.Y. Col. Docs. V. 552; Doc. Hist. N.Y. III. 422. Signed, Ro. Hunter. Endorsed, Recd. 26th July. Read 2nd Aug., 1720. 2¼ pp. [C.O. 5, 1052. ff. 26–27v.]
[July 28.]164. Case of the Germans in New York. Petition the Council of Trade and Plantations for a favourable report (v. 20th July). Recount events since 1709. Many of the statements are marked "not true," "utterly false" etc. (? by Brigadier Hunter). Set out, N.Y. Col. Docs. V. 553. Endorsed, Recd. 28th July. Read 2nd Aug., 1720. 2½ pp. [C.O. 5, 1052. ff. 24–25v.]
July 28.
Whitehall.
165. Council of Trade and Plantations to the Lords Justices. Refer to their application to the Lord Chamberlain for two additional rooms (v. C.S.P. Jan. 9th, 1718). Continue: But nothing having hitherto been done thereupon, and the inconvenience dayly encreasing with the number of our papers, we would intreat your Excellencys to give the necessary orders for the said additionall building to be made whilst the season is so proper for that purpose. [C.O. 389, 37. pp. 185, 186.]
July 28.
Whitehall.
166. Warrant granted by the Lords Justices granting leave of absence for a further two years, to John Cornelius, Naval Officer in Barbados. Signed, Ch. Delafaye. Copy. [C.O. 324, 34. pp. 12, 13.]
July 28.
Nassau on Providence.
167. Governor Rogers to the Council of Trade and Plantations. Having none of your Lordships commands nor no news from home for above this twelve month past save reports from the Colonys around us not to be rely'd on and being as I fully acquainted your Lordships in my last and to the Right Honble. Mr. Secry. Craggs extreamly reduced and unable to support myself and garrison, I did not designe to trouble your bord farther till we knew our fate had not an unpresidented passage happened on the 10th inst. at night from Capt. Wingate Gale the Commander to our guardship who has the garrison's magazine abord etc. He then disobey'd my commands and stood in opposition to my officers yt. I sent for him, till I was driven to apprehend him myself by force to prevent the mischevious consequence of his ill example, or his raising a mutiny agt. me wch. I had then too many reasons to apprehend because he had abettors. I ordered him all night into close confinemt. and the next morning called a Council and on his giveing security for his future good behaviour I discharg'd him out of custody and from his farther attendance at the Council without entring into any debate here according to the 10th Article of the Govr. of Jamaica's Instructions to wch. on this occation I am referr'd. I did this to prevent any partys or misunderstandings wth. one or two of the Council who was his abettors and might have fomented further differences he had often before this been too backward in his duty etc. and too dilatory and slighting to my order for H.M. service. Refers to affidavits sent to Mr. Geo. Bamfield, etc. Continues: I hope that I have leave of absence and a supply very near us wch. is all that we have to rely on for we want provisions and cloathing and I cannot purchase it here till we hear farther from home and unless we have good recruits wth. a ship of war station'd here on purpose or a larger garrison and better supplied wth. orders to fit out after any pirates yt. may shelter in these parts we may expect as it's peace there will be more then ever the vast detriment if not distruction of ye American trade. I have divided and distributed all ye loose people wee had here amongst ye vessels yt left us after the embargoe to make them honest if possible but Capts. Porter and Fox has left us since wth. about 60 men and I hear are gone under a coppy of a New York Commission from Govr. Hunter because I was resolv'd to give no more till I was better satisfied whether 'twas war or peace; I wish they may do no mischief for they began very suspiciously by lying near us and stealing as many men as they could from the shore yt. were not permitted to depart these Islands. Though I have had ye loosest people in America to deal wth. all during ye war yet I hope your Lordships will have as good accot. of our transactions as any of our neighbours, for I have not yet heard of any complaint agt. all that I have commission'd etc. Signed, Woodes Rogers. Endorsed, Recd. 13th Oct. 1720. Read 27th June, 1721. 4 pp. Enclosed,
167. i. Deposition of Lt. Ockold, in the Independant Company in Fort Nassau, 19th July, 1720. On 10th July about 9 at night the centinel at the eastermost bastion challenged a boat going from the shore at least fifteen times, who returning no answer, the Governor ordered him to fire, which he did twice before they answered the Delioia. Refusing the Governor's orders to come ashore, they hastened on board the Delicia. The Governor summoned Capt. Gale to come ashore, but he refused to do so, or to submit to the Marshall's warrant. At length the Governor went aboard with 12 soldiers and brought him off, etc. Signed, Thos. Ockold. 1 p.
167. ii. Deposition of Lt. Robinson, 19th July, 1720. Confirms preceding and adds that Capt. Gale armed his men to resist the soldiers coming on board, and when the Governor arrived presented a pistol at him, but was disarmed and taken by force etc. Signed, Thos. Robinson. ¾ p.
167. iii. Deposition of Edward Fenner and six others of the crew of the Delicia denying that the crew or Capt. Gale were in arms as stated in preceding. 27th July, 1720. Signed, Edward Fenner and six others. ¾ p.
167. iv. Deposition of Edward Fenner and Isaac Wright that Capt. Gale offered no resistance until Governor Rogers called him a rascal and struck him with his pistoll upon the head, when he seized a pistol etc. 22nd July, 1720. Signed, Edward Fenner, Isaac Wright. 1 p.
167. v. Copy of Governor Rogers' warrant to John Bossard, Marshal, for the arrest of Capt. Gale. 10th July, 1720. 1 p.
167. vi. vii. Examinations and depositions of Edward Knight and 15 other soldiers, generally denying Nos. iii. and iv. 27th and 28th July, 1715. Signed, Edward Knight and 15 others. 4 pp.
167. viii. Copy of Governor Rogers' commitment of Capt. Gale for conduct tending to mutiny, etc. 10th July, 1720. 1 p.
167. ix. Deposition of Lt. John Howell as to Capt. Gale's refusing to obey the warrant No. v., and his scuffle with the Governor etc. 19th July, 1720. Signed, John Howell. 1 p. The whole endorsed, Recd. 13th Oct. 1720. Read 27th June, 1721. [C.O. 23, 1. Nos. 34, 34. i.–ix.]
July 29.
Whitehall.
168. Council of Trade and Plantations to the Lords Justices. Upon Governor Philipps' letter of Jan. 3rd, recommend that orders be given to H.M. Surveyor in those parts forthwith to make a full and perfect survey of Nova Scotia, or at least to mark out and set apart large tracts of land in proper places there, adjacent to the sea or to the banks of navigable rivers, to be reserved for the preservation of timber for the use of the Royal Navy. After which the Govr. will be at liberty according to the tenor of his present Instructions to make grants of small parcels of land etc., which we conceive would be the most speedy, effectual and advantageous way to people that Colony. We are the rather induced to offer this matter at present to your Excellency's consideration, because of ye very bad state Nova Scotia is in, where there are very few or no inhabitants except the garrison of Annapolis to be depended, and that but a very weak one: For the French who were permitted to stay there under certain conditions by the Treaty of Utrecht being influenced by their priests are far from submitting to H.M. Governmt. and according to our last letters from those parts have hitherto refused to take the oaths of allegiance to H.M., still reputing themselves subjects of France, carrying on a trade with the French destructive to the British intrest. Col. Philips likewise complains that contrary to the Treaty of Utrecht, the French at Cape Breton protected by soldiers continue their fishery at Canço, the best place for catching fish in all H.M. Dominions, which being an infraction of the said Treaty we humbly offer that your Excellency's pleasure may be signify'd to H.M. Minister at the Court of France and to Mr. Pulteney one of H.M. Commissaries there, that they endeavor to get an order from that Court, requiring their subjects in the strictest manner at Cape Breton to confine themselves in their fishery to ye limits mentioned in the said Treaty. Considering therefore the very ill state of this Colony we cannot but agree with Col. Philips' request in proposing to your Excellencies, that three more companies of his regiment now quartered at Placentia may be removed without loss of time to Annapolis, after which there will still remain two companies at Placentia, which we conceive may be sufficient for that Garrison in time of peace. [C.O. 218, 1. pp. 467–476.]