America and West Indies: February 1713

Calendar of State Papers Colonial, America and West Indies: Volume 27, 1712-1714. Originally published by His Majesty's Stationery Office, London, 1926.

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'America and West Indies: February 1713', Calendar of State Papers Colonial, America and West Indies: Volume 27, 1712-1714, (London, 1926), pp. 130-152. British History Online [accessed 16 June 2024].

. "America and West Indies: February 1713", in Calendar of State Papers Colonial, America and West Indies: Volume 27, 1712-1714, (London, 1926) 130-152. British History Online, accessed June 16, 2024,

. "America and West Indies: February 1713", Calendar of State Papers Colonial, America and West Indies: Volume 27, 1712-1714, (London, 1926). 130-152. British History Online. Web. 16 June 2024,

February 1713

Feb. 2.
265. G. Bonnin to the Earl of Dartmouth. Your Lordship being pleased some months ago to order me in the Gazette to waitte att the office, and haveing done it without any appearance of hopes, makes me believe that your Lordship was no wayes apprise of my misfortunes, it is very hard my Lord, that after the murther of my son in law in Antego, and most my own, and the obligation laid upon me to maintein his three young children with their poor desolate mother beside my own, ever since Dec. 7, 1710, when the rage of the people rebelled and murdered their General, and that the begining of July last I was commanded by the Chief Governour there to come to England for H.M. service under his hand and seall which order Mr. Lewis has had in his hand and told me for all comfort that I ought to [have] bargain'd with the General when I came away, tho' not two hours of warning given before the ship sayled; etc. My charges in coming and my expences since have utterly ruined me and all by my inviolable loyalty, etc. Prays for his Lordship's compassion. Signed, G. Bonnin. Addressed. 1 p. [C.O. 152, 42. No. 96.]
Feb. 5.
266. Council of Trade and Plantations to the Lords Proprietors of Carolina. Enclose extract of Col. Spotswood's letter (May 8th, 1712) relating to Carolina. [C.O. 5, 1292. p. 375.]
Feb. 5.
Treary. Chambers.
267. Wm. Lowndes to the Council of Trade and Plantations. Encloses following, "which my lord Treasurer desires you will consider with other the matters now before you relating to" Col. Nicholson's Commission etc. Signed, Wm. Lowndes. Endorsed, Recd. 5th, Read 19th Feb. 1712/13. Addressed. 1 p. Enclosed,
267. i. Mr. Baker and Mr. Gosselin to the Lord High Treasurer. Prize Office, Jan. 31, 1712 (13). Enclose following. Conclude:— It not having been the practice of the Prize Office all this warr as well as the last, to constitute officers on any such business at a standing allowance of salary, we humbly offer whether 1/5th part of what may be recovered free of charges may not be a more proper recompence rather than a setled salary, and be an inducement to use his utmost diligence, etc. Signed, Tho. Baker, Wm. Gosselin. 1 p.
267. ii. Instructions to Governor Nicholson for recovering arrears of prizes in America, and discovering embezilments, etc. Signed and dated as preceding. 2 pp.
267. iii. List of prizes already accounted for. 1 p. [C.O. 323, 7. Nos. 23, 23 i.-iii.; and (without No. ii.) 324, 10. pp. 15–18.]
Feb. 6.
St. James's.
268. The Queen to [? Governor Hunter]. Warrant to proceed in cases of appeal by clergy as directed Jan. 8, q.v. Countersigned, Dartmouth. [C.O. 324, 32. pp. 205–207.]
Feb. 7. 269. C. Douglas to [? the Earl of Dartmouth]. Asks for the Government of Maryland, on the recommendation of the late Duke of Queensberry etc. Signed, C. Douglas. 1 p. [C.O. 5, 721. No. 14.]
Feb. 9.
270. William Blathwayt to Mr. Popple. Encloses following. P.S.— There have been several proposalls made to ye executors of Ld. Culpepper for the reuniting this part of the Colony which have not yet been duly effected. Signed, Wm. Blathwayt. Endorsed, Recd. 9th Feb. 1712/13, Read 17th Nov. 1715. ¾ p. Enclosed,
270. i. Copy of King James II.'s grant to Lord Culpeper of land in the Northern Neck of Virginia, Sept. 27, 1688. 8½ pp. [C.O. 5, 1317. Nos. 14, 14 i.; and (without enclosure) 5, 1364. p. 259.]
Feb. 10. 271. Governor Nicholson to the Council of Trade and Plantations. In obedience to yr. Lordps'. commands, I humbly lay before yr. Lordps. a coppy of the establishment for the Commrs. apointed to inspect the publick accots. abroad. I hope that my allowance may be at least equall to one of theirs, or to any of the Governours on the Continent of America, being I have tenn times the work and shall be oblidged to travell by land near 1000 miles wch. is very expensive in those parts. Mr. John Netmaker being apointed by my Lord Treasurer to proceed with me in the voyage and to take care of the stores that are to be disposed off abroad, I humbly propose that he may be Secretary and that I may have three clerks to assist me, their sallary or allowance, I humbly submitt to your Lordps'. consideration, etc. Signed, F. Nicholson. Endorsed, Recd. Read Feb. 10, 1712/13. 1 p. Enclosed,
271. i. Copy of the establishment for the Commissioners appointed to inspect the Publick Accounts abroad, Oct. 9, 1711. 5l. a day each, 2l. a day to the Secretary. 1 p. [C.O. 323. 7. Nos. 21, 21 i.: and 324, 10. pp. 11–13.]
Feb. 11.
272. Lt. Governor Spotswood to the Council of Trade and Plantations. It is so long since I had an opportunity of writing to your Lops. that I hope you will the more easily pardon the trouble I shall give you in this long letter, since I am obliged to comprehend therein the transactions of a late General Assembly and the other occurrences of this Government together with those of the neighbouring province of North Carolina. The publick debts which had been contracted upon the expected invasion of the French squadron fitted out for the West Indies in 1711, together with the necessitys of continueing the Rangers, for the guard of our frontiers against the incursions of the Indians, obliged me to call an Assembly to meet Oct. 22nd, etc. And tho' the greater part of the House of Burgesses consisted of the old members, I have so far prevailed on them that all the publick debts for putting the country in a posture of defence are now discharged; except one for a spyboat imployed to cruise about the Capes in the absence of our guardships, and the expence of subsisting the French prisoners, which I have been obliged to satisfy out of H.M. revenue of 2s. per hhd., finding it in vain to press them after sundry repreated denials, in regard of the great charge now on the country for the Rangers, which are continued for another year. In order to perswade the House of Burgesses to discharge the expence of the spyboat and of the French prisoners, I laid before them a state of the annual charge of the Government for the last two and twenty years, together with the produce of the established revenue for the same time; whereby I made it appear that the fund raised by the Revenue Act had since 1689 fallen short of answering the sallarys and contingencys of this Government by 7401l. 1s. 11½d., and that such deficiency had from time to time been supplyed by the Crown Revenues; and thereupon I took occasion to argue with them as may be seen in my message of Nov. 28th (Burgesses' Journal). Indeed in stating the accompt I charged the country with the sallarys of all the officers of this Government, even with those of the Commissary and Attorney Generall, which are paid out of the quitt-rents; and on the other hand I extracted all sums that had arisen by fines and forfietures by the purchase of rights for land, and by the sale of the Queen's arms, which articles I find have before my time been allowed to pass in the same accompt with the revenue that arises by the Act of Assembly made in 1680, and so have always been applyed to the support of the Government. The honour your Lordps. have done me in approving my conduct in relation to the civil dissentions in North Carolina is the greatest encouragement I at present have for the continuance of my endeavours to assist that unhappy country. I wish I could have receiv'd from your Lordps'. Board directions for my better guidance in a matter of far greater consequence, I mean, that of their Indian war; which would have been so much the more necessary in regard to the difficultys I have to struggle with here; for such is the natural disposition of these people towards aiding their neighbours, that I can very assuredly inform your Lordps. that I am the only person of this Government that ever proposes giving any assistance to North Carolina in its distresses, and must alone furnish the arguments to obtain the Council's concurrence, or to procure any supplys from the Burgesses: besides that whatever I undertake in behalf of that distracted country, I am forc'd to push on with a great deal of trouble and expence to myself. On the other hand there reigns such stupidity and dissent in the Government of North Carolina, that it can neither concert any measures, nor perform any engagements for it's own security. For upon a representation from the President, Council and Assembly of that province, of their miserable circumstances, which I immediately laid before our Assembly with all the exhortations I could use to move their pitty to their distressed fellow-subjects (v. Journal) all I have been able to obtain from our House of Burgesses is only the sum of 1000l. and 900 yards of course cloathing for the poor people that have been plunder'd by the heathen, and (as it was represented) would be obliged to ly out in the woods for the protection of the remaining part of the province against their incursions in the winter season, our Burgesses looking on that province as the author of its own misery, by the continued disorders in the Government and the licentiousness of the people. And tho' in that Address they say they have given this supply with chearfull hearts, yet the struggle with which it passed in their House is an evidence of their disinclination: however it must be acknowledged that this inconsiderable sum, tho' unequal to the charge necessary for subduing that barbarous enemy, is nevertheless the greatest donative ever given by an Assembly here to be expended out of the country. I am now endeavouring to lay out this small supply to the best advantage, as soon as the season of the year will favour an expedition against the Indians, and should have hoped by the assistance of the forces sent from South Carolina (which consist of 850 Indians and 33 white men) to have reduced the enemy, had the Government of North Carolina done their part: but notwithstanding the assurances given by their Assembly in their Address (enclosed) that they would supply with provisions and the charge of transportation, what forces should be sent from hence to their assistance; upon a conference which I had with some agents from that Government about 3 weeks agoe, they plainly told me that they could furnish neither: nor could they make any proposals to me either for helping themselves, or enabling me to do it. And tho' at their request I have supply'd em with the cloathing, which was intended for 300 men to go out against the Indians, they cannot now find 100 in the whole province to go on that expedition: some deserting the country, others absconding, and the rest sheltering themselves under the masque of Quakerism. Such gross mismanagements as these have in a great measure been the occasion of their unhappy circumstances, and must entail on them further miserys, if any accident should happen to the gentlemen who commands the South Carolina Indians; for as they are made up of a great many different nations, and kept together by the sole authority of that single person, there is no question to be made, but that if he should fall, or recieve any considerable disadvantage in his attempts upon the Tuscaruros, all these Indians would imediately disperse and leave their friends in a much worse condition than they found 'em, having already committed very great disorders in the country through which they passed; from which no authority of their officers could restrain them. After my gratefull acknowledgments to your Lordps. for your favourable recommendation, to which I am satisfied I owe H.M. bounty in continuing to me the allowance for house rent for two years longer, I am now to acquaint your Lordps. that I have obtained of the General Assembly a further sum of £900, for finishing the house for the Governor, and I hope with that money, to compleat it within the time H.M. hath been pleased to limit my allowance, and am so far from postponing the work for the lucre of that house-rent, that tho the money given by the Assembly is rais'd on a distant fund, which cannot be expected to come in, in at least two years, (because it is anticipated for the payment of former debts) I still continue the workmen upon my own credit, having no other intention than to accomplish what H.M. has so often recommended to former Governors. As to the other proceedings of the Assembly of lesser moment I refer your Lordps. to the Journals and the laws passed in this session, upon which I shall not need to give your Lorps. the trouble of any remarks, as judging neither the interest of Great Brittain nor H.M. prerogative to be anyway concerned therein, unless your Lordps. be of opinion that the Act to prevent land lapsing from infants untill three years after they come of age is such. Tho' I had a very just exception against this law, because I take it that nonage is not pleadable against the Crown, and am of opinion that 'tis presumption in a plantation Assembly to abridge the Crown of that priviledge by an Act: yet finding the Burgesses extreemly fond of this law, and that the country in general had set their hearts very much upon it, I was unwilling to sower their temper by contending with them in an indifferent matter; I say an indifferent matter, because if H.M. shall think fitt to disallow this Act at any time within three years, the whole effect of it is destroyed. And since I have observed that whatever favours are allowed to pass in Acts of Assembly are seldom reckoned by the people in this climate as gracious concession of the sovereign, 'tis therefore in my humble opinion more advisable that such-like graces as these be extended to the country, in the same manner as they have received the benefitt of the Habeas Corpus Act. In pursuance of H.M. permission for passing into a law the 84th article of my Instructions relating to the conditions of granting of lands, I got a bill to be prepared by the Council in the manner I judged most agreeable to H.M. intentions, the circumstances of the country and the ease of the subject: a copy of which I herewith transmitt, wherein your Lordps. will observe the different sorts of cultivation proposed, as suited to the nature of the land to be taken up; and as any other kind of improvement would be impracticable on those several soils, so there would have been a sufficient restraint on persons from taking up great tracts (as heretofore) without any design of cultivation: and on the other hand the conditions required being so reasonable on the part of the patentee, I could not but hope a House of Burgesses would have readily embraced that offer. But the license to which they have been hitherto accustomed remains still so fresh in their memorys, that it was with difficulty they would allow this Bill a second reading in their house, and then rejected it. Your Lordps. no doubt remember what applications were made to your Board, even by the President and Council against this instruction, and that during their administration it was never offered to be put in practice, which shews the general aversion of the whole country to alter their antient customs, how unreasonable soever they may appear to all disinterested persons. And it seems strange to me when I read over the records of the country to find such unaccountable proceedings in the granting of lands as have been practised heretofore; that the General Courts where the Governor has no negative voice, and must be concluded in his judgement by the majority of the Bench, should be allowed to pass grants of land, and even in a manner so dishonourable as to order the Governor to grant a patent, which nevertheless was the practice before my time; that everyone who had a mind to a tract of land vested in the Crown either originally or by lapse or escheat, claimed a right to have a patent for it upon his petition, without acknowledging any right in the Governor to dispense the favours of the Crown, according to the merits and qualifications of the person. This custome being suffered so long to prevail is now pleaded as the right of the people, and all restrictions of that method look'd upon as so many infringements of their liberty. And H.M. favour seems to them a new term, with which they are not acquainted, or at least have forgot the meaning of. I shall however make it my business, as 'tis my duty, to bring them to another opinion: and I hope I have in some measure convinced them by the answer I gave to the Assembly's Address in November, 1710, (wherein they desired the ancient method of taking up land might be restored to them) since they have never yet thought fitt to make a reply, nor to trouble me with any further applications on that head. And I'm perswaded that nothing can be more pernicious to the good government of these plantations than to suffer any custom whatsoever to obtain either in the Courts of Justice or otherwise contrary to the just prerogative of the Crown, and wherein the favour of the Crown and the right of the subject are not distinguished; so that I must offer it as my humble opinion that there is no necessity of making any laws for directing the manner of granting H.M. lands, and that the Royal Instructions ought in all such cases to be a law both for the Governor and the People. I cannot forbear taking notice of another abuse crept into the administration, in the way of claiming lands for the importation of persons into the Colony. By the charter of King Charles II, there is allowed to every person that shall come to dwell here 50 acres out of the land not already appropriated; and although there can be no doubt that the design and meaning of this priviledge was to encourage persons to adventure themselves for peopling the country, yet this priviledge has not only been allowed to the persons imported but to the masters of ships who brought them in, to the merchants who had the disposal of them as servants, and to the masters who purchased their service; so that for one person imported, there has been granted away, instead of fifty acres, no less than 200. By this easy way of obtaining rights for taking up land, and the encouragement given by the Act in 1666, establishing a sham condition of seating and planting, it has happened that such vast tracts are now possessed by sundry persons, who thought fitt to imploy their thoughts that way, which remain for the greatest part uncultivated to the great prejudice of the Colony, and the discouragement of future Adventurers, where they can find little or no convenient land to plant upon. By the law passed in 1706, concerning the granting, seating and planting of land, the priviledge of 50 acres of land was again restored, solely to the person imported. But since the repeal of that Act people have begun to practice the same fraudulent way of proving rights for importation. For preventing of which abuse I have by a proclamation (enclosed) directed all rights already proved to be brought in for examination, before any patents are passed on them, and have settled a method for registering of future rights in the Secretary's office, wherby no person can obtain a grant of any greater quantity of land for one importation than is allotted by the Charter, and this will also prove a means of increasing the fund arising by the sale of rights. Notwithstanding the directions given by his late Majesty for revising the laws of this Colony and a long time spent therein by a Committee of the Council and Burgesses, which cost the country upwards of 1500l., I find that work still very imperfect. For the body of laws passed by the Assembly in 1706 as prepared by the forementioned Committee doth not comprehend (as was intended) the whole laws of the country, there being divers old Acts of Assembly still in force and particular clauses in other Acts yet pleadable in the courts of justice here, as not coming under the purview of the general repealing clauses in the revised laws; which occasions great confusions in the proceedings of those courts, while people continue ignorant what is law and what is not. I might it's true have recommended this matter to the Assembly, and got them to reenact those other old laws. But when I consider how many disagreeable clauses were foysted in, both by the Committee and the Assembly that passed the late revised laws, which has occasioned the repeal of sundry of them, and divers others remain in force, which have passed unobserved among the crowd, I can hardly perswade myself to this method, and am very much in doubt whether it was ever your Lordps'. intentions that the revising the laws should be performed in the manner it was done. I therefore am of opinion that the collecting of all the laws now in force into one body may be done with better success by the Secretary of this Colony, the Clerk of the Council, the Attorney General, and one or two of the most eminent English lawyers here joined with them: for as the two first have the custody of all the Records, to which recourse must be had in this work, their concurrence and assistance will be absolutely necessary therein, and the other three will be best able to digest them into a proper method. I find they are willing to undertake the work, upon little more encouragement than the sole priviledge of printing and selling the copys. And if H.M. think fitt to allow those laws to be published by the Governor's authority and impower me to grant that license to these gentlemen, I shall then transmitt a copy of the whole to your Lordships for your perusal before they are printed. This I submitt to your Lordps'. consideration, and shall wait your commands before I sett about this project. I have herewith sent your Lordps. an account of the arms and ammunition, according to the best account I could obtain of them from the countrys into which they have been formerly dispersed: most of these arms are unfitt for service and the powder very much decay'd. I have also sent an account of the negroes imported from the coast of Africa, being but a small number in one ship last Fall; and there's no great reason to expect many more while the price of tobacco continues so low, and the country by that means so poor. The list of births and burials herewith sent is not complete; sundry parishes having failed to make returns; for 'tis a thing so new to the people, that neither they care to register their births and burials, nor are the parish clerks yet brought into a regular method of transmitting them: but I shal endeavour to send your Lordps. a more exact account for the next half year. Col. Harrison one of H.M. Council being lately dead, I cannot recommend a fitter person to supply that vacancy than the gentleman H.M. was pleased last year to honour with the office of Secretary, Mr. William Cocke. The gentlemen of the Council who live near this place, being now reduced to a small number, it is difficult to get enough together on any sudden emergency; which makes me the more desirous to have this gentleman speedily added, because of his residence at Williamsburgh, and that he will always be near at hand upon such occasions: and for the same reason I beg leave to mind your Lordps. of replacing Col. Bassett in his former post at that Board. P.S.I. did not discover before I was sealing my letters that the laws are not written separately, as they ought to have been; which is occasioned through the mistake of a new clerk of the House of Burgesses: but I shal take care to amend that error in the duplicates wch. shal be sent your Lodps. by the next conveyance. Signed, A. Spotswood. Endorsed, Recd. 22nd April, Read 17th July, 1713. 8½ pp. Enclosed,
272. i. Copy of an Address from the President and Assembly of North Carolina to Lt. Governor Spotswood. The many instances of your favourr encourages us to renew our supplications for some timely assistance, under the most miserable condition that ever people groan'd. We have exerted our utmost endeavours, as well by arms as by treatys to maintain the honour of the British and Christian character; but what with the greatest poverty, the repeated slaughters of our men, and the disability of our few remaining by wounds and continual fatigues and marches, we are rendered not only incapable of carrying on an offensive but even a defensive war: and the barbarous heathen are too well acquainted with our disability, both which renders all treatys vain, and likewise makes us more obnoxious to their barbarous crueltys, etc. What we can promise on our parts is provisions and the expence of transporting the soldiers, which is all our wretched circumstances will admitt of, etc. Signed, Tho. Snoden, Speaker. C. Gale, N. Chevin, Tho. Pollock, T. Knight, Wm. Reed, Tho. Boyd. 1 p.
272. ii. (a) Proclamation by Lt. Governor Spotswood for publishing H.M. Proclamation of the Armistice. Signed, A. Spotswood. Williamsburgh, Oct. 15, 1712. 1¾ pp.
272. ii. (b) Proclamation by Lt. Governor Spotswood requiring a return every six months of certificates of rights to land obtained in the County Courts respectively for the half year preceding to be examined and registered in the Secretary's office, etc. Signed, A. Spotswood. Williamsburgh, Dec. 9, 1712. The whole endorsed as preceding. 1½ pp.
272. iii. List of Births and Burials in Virginia, April 1st—Oct. 1st, 1712. Totals: Births, Males 364, Females, 322. Burials, Males 93, Females, 75. Same endorsement. ¾ p.
272. iv. Accompt of negro slaves imported from Africa, 1712, 113, sold at from £20 to £28 a head. Same endorsement. ¼ p.
272. v. Accompt of H.M. arms and ammunition in Virginia (v. supra). Same endorsement. ¾ p.
272. vi. Copy of a Bill to come into force Dec. 25, 1713, declaring what shall be accounted, a sufficient seating and planting of lands hereafter to be taken up and patented. Same endorsement. 3 pp. [C.O. 5, 1316. Nos. 94, 94 i.–vi.; and (without enclosures) 5, 1363. pp. 488–506.]
Feb. 11.
273. Lt. Governor Spotswood to [? the Earl of Dartmouth]. Acknowledges letters of Aug. 21st and 28th. I have caused the Truce to be published here as usual. In obedience to H.M. commands (April 14th) I laid before our late Assembly the 84th article of my Instructions to be passed into a law pursuant to H.M. gracious permission, but the house of Burgesses did not think fitt to agree thereto; however that Instruction is already a law to me without the formality of passing it into an Act of Assembly, and must be so to everyone that pretends to ask a grant of the Queen's land. Tho' I cannot but believe it must be as disagreeable to your Lordp. to hear, as 'tis to me to write, a constant account of the miserys and distractions of my neighbouring province of North Carolina; yet my duty to H.M. and regard for her subjects will not suffer me to conceal from your Lordp. their unhappy circumstances, nor to sitt idle, without using my utmost endeavours to relieve them; for tho' they have lately received from South Carolina an aid of 850 Indians and 33 white men, under the command of one Col. James Moore; of whose coming timely notice had been given them, yet that Government was so negligent and improvident, that they neither made provision for the subsistance of those forces, nor had in readiness any of their own to join em; so that through the ungovernable temper of such a multitude, composed of a great many different nations, and the necessity of dispersing them about the country, for their better subsistance, the poor inhabitants have suffered a greater destruction among their stocks by there auxiliarys than they did from their enemys. Before the arrival of this succour, I had upon a representation from the President and Assembly of that Province (enclosed) obtained from our Assembly 1000l. to be imployed for their relief, together with cloathing sufficient for 300 of their men, which could not otherwise endure the fatigue of a march against the enemy in the winter season. It was with much struggle I obtained this inconsiderable supply. And because such an insignificant sum required more than ordinary frugality in the management, I was willing to consult with the President and Council of Carolina, upon the most effectual measures for laying it out to their advantage. Yet after waiting above six weeks for their answer, and when at last I had taken the trouble of a long journey to their frontiers to obtain a meeting, neither the President nor the commander of their forces thought fitt to be there, but only sent two Deputys, who instead of offering any proposals or facilitating the prosecution of the war against the Indians, had only authority to tell me that the provisions promised by their Assembly for the forces intended to be sent from hence is not now to be expected from 'em; tho' at the same time they could not but acknowledge that the small sum given for that service is insufficient for raising and subsisting such a body of men as can in prudence be ventured from hence into the Tuscaruro country. It is a difficult task I have to encounter, when no engagements of the persons principally concerned are to be relyed on, almost all the necessarys of tents, ammunition, etc., for an expedition wanting, no money to provide such necessarys, not one officer in this whole Government that knows anything of the discipline of forces to assist me, the people generally averse to undertake anything for the relief of these neighbours, no law in the country to compell them to serve in such an expedition, nor have I hitherto recieved any directions from H.M. to countenance me in any extraordinary measures I may have occasion to use in this conjuncture. And if the Government of North Carolina should still continue so stupid as to deny furnishing provisions: or if Col. Moore should happen to be baffled in his enterprize, the consequence may be fatal, both to that unhappy province and to the other neighbouring Governments, since by that means the Indians will be more encouraged in their insolencies. I shall however continue my endeavours to obviate these mischiefs as much as I am able etc. Repeats part of preceding. Signed, A. Spotswood. 4 pp. Enclosed,
273. i., ii. Duplicates of Nos. 272. i., ii. [C.O. 5, 1337. Nos. 20–22.]
Feb. 12.
Treasury Chambers.
274. Mr. Lowndes to Mr. Popple. Encloses following for the report of the Council of Trade and Plantations to H.M. thereon. Signed, Wm. Lowndes. Endorsed, Recd. Feb. 13th, Read July 17th, 1713. Addressed. 1 p. Enclosed,
274. i. Petition of Anthony Swymmer of Jamaica to the Earl of Oxford, Lord High Treasurer. Prays for a grant at the appraised value of escheated estate of Mrs. Williamina Kupius, his step-daughter, decd. without heirs, in the parish of Clarendon, Jamaica. Petitioner has long occupied this plantation. 1½ pp. [C.O. 137, 10. Nos. 18, 18 i.; and 138, 14. pp. 9–12.]
Feb. 13.
Treasury Chambers.
275. T. Harley to the Council of Trade and Plantations. By order of my Lord High Treasurer I inclose the establishment proposed by the Board of Ordnance for Barbados, Jamaica, New Yorke and Annapolis, for your opinion thereupon, etc. Signed, T. Harley. Endorsed, Recd. 16th, Read 19th Feb. 17 12/13. ¾ p. Enclosed,
275. i. Charge of the establishment at Barbadoes. Engineer, Master-gunner, 17 gunners. Total, 1076l. 15s. per annum. ¼ p. [C.O. 28, 13. Nos. 99, 99 i.; and (without enclosure) 29, 13. pp. 1, 2.]
Feb. 14.
276. The Earl of Dartmouth to Governor Lord A. Hamilton. Recommends Peter Beckford to his protection and favour. Signed, Dartmouth. [C.O. 324, 32. p. 208.]
Feb. 14.
277. The Earl of Dartmouth to the Council of Trade and Plantations. I send you enclosed severall letters and other papers relating to disputes that have hapned between my Lord Archibald Hamilton and Sr. Hovenden Walker, for your opinion, what orders may properly be given for putting an end to these differences so prejudicial to the service, and for preventing the like for the future. Signed, Dartmouth. Endorsed, Recd. 17th, Read 19th Feb. 17 12/13. 1 p. Enclosed,
277. i. Rear-Admiral Sr. Hovenden Walker to Governor Lord A. Hamilton, Kingston, Aug. 11, 1712. Capt. Clifton having given me an acct. that Mr. Fagg has arrested him upon pretence of a box of lace which he found aboard the Sina when he seized her, as also upon acct. of a negroe that was at that time aboard and is now in the Monmouth amongst the rest of the men as a prisoner till inquiry shall be made into the proceedings of that privateer, I aqaint you with it, being Governour, that your Lordship may give some necessary directions therein, for if people shall pretend to arrest a Capt. of a man of warr, upon a seisure made before ye law has determined ye case it will be of very ill consequence and seems a great contempt of ye Queen's right of seisure by Her officers. I shall be glad to know what yr. Lordship thinks to do in this matter, before I take any measures therein: for if Capt. Clifton had taken ye persons aboard and carryed them to Brittain to answer it there, I think he had done well. Signed, Hovenden Walker. Copy. 1 p.
277. ii. Same to same. Kingston, Aug. 13, 1712. They again arrested Capt. Clifton yesterday, so that I told him I knew no better way of dealing with them, then taking ye persons concerned aboard, etc. as above. Signed, Hovenden Walker. Copy. 1 p.
277. iii. Same to same. Kingston, Sept. 20, 1712. I have yr. Excellency's letter concerning the two seamen belonging to ye Defyance who stole a silver tankard and I think they very justly deserve hanging, tho' if ye man that owned the tankard, as I understand, has got ye same again, he layes himself lyable to be tryed since they cannot be tryed for anything, restored. However if your Excellency orders them, to be delivered when called for they shall be severely punished aboard. Mr. Perkin has thought fit to send Mr. Lodge to demand ye sloop seised at which impudence I had one thought of confining Mr. Lodge aboard, for it is not in ye power of any person seising in behalf of ye Queen to deliver ye seisure up without tryal, nor do I know by what authority Mr. Lodge could pretend to come aboard a flagg ship to make any demand since ye Fleet knows no superior but ye Queen and Lord High Admirall, etc. Signed, Hovenden Walker. Copy. 1 p.
277. iv.–viii. Duplicates of Nos. 149 i.–v.
277. ix. Rear-Admiral Walker to Governor Lord A. Hamilton. Kingston, Nov. 6, 1712. I am surprised you should imagine a Captaine of a man of warr should receive any person without my order, etc. Your letter of Sept. 28th mentions nothing more than that you desire a man of war to exchange prisoners at Petit Guavas, and no notice of your design to send a particular person, etc. Signed, Hovenden Walker. Copy. 1½ pp.
277. x. Rear-Admiral Walker's instructions to Capt. Hosier to proceed to Petit Guavas with prisoners of war to be exchanged for H.M. subjects, etc. Signed, Hovenden Walker. H.M.S. Monmouth, Port Royal Harbour, Oct. 29, 1712. Copy. 1¾ pp.
277. xi. Rear-Admiral Walker to Governor Lord A. Hamilton. Kingston, Nov. 9, 1712. Understanding that there is an Address from ye Council and Assembly to yr. Excellency that a representation may be made against me to ye Queen; alledging that Capt. Hosier by my orders refused to carry Mr. Basnet with ye expresses to ye Governor of Petit Guavas, which is false because there could be no occasion for orders from me forbidding him to take Mr. Basnet aboard: for without orders so to do he could not receive him. However had I known ye errand upon wch. Mr. Basnet was sent, I should and very justifyable, have forbid him: since I hold myself obliged, only to do everything relating to the Truce but nothing to support any person's private interest in trade, and therefore that all things may be made plain I herewith send Capt. Jackson's letter wherein he gives an account of what he knows concerning Mr. Basnet's instructions and buisness, etc. I desire it may be communicated to the Council and Assembly, etc. Signed, Hovenden Walker. Copy. 1½ pp.
277. xii. Capt. Jackson to [? Rear-Admiral Walker]. Centurion, Port Royall Keyes. Nov. 9th, 1712. I saw in Mr. Basnet's hands a scheme of trade to Petit Guavas, wch. he told me the Governour had desired him to draw up, etc. In reply to the Governor, Basnet had given his opinion therein that it could not be carryed on without consent of ye Flagg. Signed, Rt. Jackson. Copy. 1½ pp.
277. xiii. Governor Lord A. Hamilton to Rear-Admiral Walker. St. Jago de la Vega. Nov. 9, 1712. I could not doubt after what past between us at Spanish Towne, when I communicated my Lord Dartmouth's letter to you concerning the cessation of arms, etc., and my desiring a man of warr to send up ye French prisoners, but that you must necessarily conclude that I would not only send up dispatches to ye French Governor of ye Coast of St. Domingo, but a fit person likewise to negotiate an affair of so much importance etc. You can't (I imagine) in earnest after I had so freely communicated my thoughts to you etc., beleive that the punctilio of desiring your order for Mr. Basnet to be recd. on board ye Salisbury can be thought a colourable excuse for sending away that ship without him or my dispatches, etc., etc. I do not find by ye copy of your instructions to Capt. Hosier that he had any orders from you to communicate that Proclamation or insist upon ye subjects of ye French Kings not annoying H.M. subjects under Spanish Commissions, for which I had given particular instructions to Mr. Basnet, and wch. appears to ye Council a matter of such consequence as well with respect to H.M. service as ye intrest of H.M. subjects trading to and from ye Island that they have given it as their unanimous opinion that I should as I doe insist upon ye sending up another of H.M. ships with such persons as I should think proper for the negotiating an affair of such importance. Signed, A. Hamilton. 3 pp.
277. xiv. Governor Lord A. Hamilton to Rear-Admiral Walker. St. Jago de la Vega, Nov. 14, 1712. Upon considering your letter, etc. (Nos. xi., xii.), the Council and Assembly have come to resolutions that you have been misinformed of my instructions, and that the instructions I had given and the letters I had wrote to ye French Governor on the exchange of prisoners as on trade were very propper for H.M. service and ye good of ye Island, and have therefore unanimously desired me to prosecute my former intentions, etc., and to insist that another man of war might be forthwith sent up with my despatches, etc. I renew my application as No. xiii. I desire you will return me ye letters and depositions I gave you when last here relating to inhabitants of ye Island being press'd on board ye Queen's ships here. Copy. 1½ pp.
277. xv. Rear-Admiral Walker to Governor Lord A. Hamilton. Monmouth, Port Royall Harbour. Nov. 15, 1712. out of the great regard I have for your Lordship's family as well as upon acct. of the long acquaintance with and esteem for my Lord Archibald Hamilton; and as I have hitherto condescended to do many things for that consideration, I send this letter by the messenger who brot. your Lordships to me of this dayes date. But as Governour of Jamaica I give ye answer once for all, that unless yr. Excellency sends some of the Council to me for transacting or treating of any matters relating to H.M. Service, I shall take no manner of notice of letters or messages sent or coming otherwise. Signed, Hovenden Walker. Copy. ¾. p.
277. xvi. Duplicate of preceding.
277. xvii. Duplicate of No. 176.
277. xviii. Governor Lord A. Hamilton to the Lord High Treasurer. Jamaica. Nov. 22, 1712. Refers to enclosures relating to dispute with Admiral Walker. Continues: The Sina galley (v. No. i. supra) was ye privateer who was suspected and I am afraid very justly of committing those cruelteys upon ye Spaniards on the coast of Cuba in an intercourse of trade with our merchants of wch. I acquainted your Lordship, etc. Your Lordship will observe by the resolutions of the Council (No. xix.) how much I was inclined to avoid all difference with the Admirall, but whatever the privateers had done they insisted they were to be tryed by the law for it. and that Capt. Clifton had no right to their goods nor were they to be press'd or detained as prisoners on board the men of warr. Several persons had already been press'd off the Island, the Council were unanimous in their advice, and I could not but agree with them, and as I was unwilling the Admirall should be thought to give incouragement to what had been done in respect to the civil officer, I undertook to reconcile all matters wth. him, but it was some time before I could prevail with him to let the men be sett ashore to be proceeded against according to law, nor was it done till a good while after, which had an ill effect in alarming the inhabitants, and particularly the seafaring men; and the goods wch. Capt. Clifton had taken I am told are not yet deposited with the Registrar of the Admiralty into whose hands I had desired they might be put to wait the sentence of the propper Court; tho' the Admirall promised me this should be done above two months since. When those men were sett ashore I ordered them all to be committed and their examinations taken. The fact they appeared to have been guilty of, was the tying a Spaniard and a mulatto and severely whipping them to make them confess where they had hid their mony and goods, which goods they had bought out of a trading vessell, and which the privateers by this means took from the Spaniards again and part of wch. are ye same that Capt. Clifton has taken again from them, but as their Captain was killed in this rencounter and what ye men had done was alledged to be done by his command, all the advantage I was advised could be taken in this affair (for this is not within the American Act) was to prosecute ye security upon ye bond I had taken for performance of the instructions I had given them, which I accordingly ordered to be done, and expect the issue of it this Court, and which I hope may be successfull notwithstanding the difficultys I am told there will be in proving those particular facts on which the forfeiture will arise, by reason that the actors themselves are all the evidence can be had and who will at least be very unwilling ones; the men after about a month's imprisonment by the unanimous advice of the Council (without which I have acted nothing in this affair nor in any others of consequence) were sett at liberty; only the principals were still kept bound to their appearance, and two, which were thought most propper, for witnesses in the prosecution upon ye bond, etc. The other fact of which I informed yr. Lordship in my last committed by ye privateers at Carthagena by compelling Spaniards to hand goods belonging to a Dutch trader out of a Dutch boat into a Spanish canoe and then making prize of them, which was the true state of that matter, has been prosecuted and waits but the usual forms for its decision, wch. I hope will be for restitution to be made, etc. I never expected what has pass'd would have occasioned any difference between the Admirall and myself, for I made it my business to quiet all sides, and put a stop to the actions against Capt. Clifton, and no prosecutions were commenced for the disorders complain'd of on the resolutions of the Council, upon the Admirall's word that the goods should be deposited and the men put ashore, which not being comply'd with renewed ye complaints from ye inhabitants. Refers to No. iii. supra. Capt. Chamberlain by the Admiral's order, seized a sloop in Port Royall Harbour which was come from the coast, and kept her several dayes before he so much as informed me of it, and some weeks past before any libel or other process was exhibited against her. In this interval the owners of the sloop required the Publick Notary to protest, which the Admirall resented in this manner (No. iii.). I cannot pretend to determine whether there was a justifyable cause for this seizure, for ye Court of Admiralty have not yet determined it, or whether (it being within the harbour) it ought not to have been made by the Navall Officer upon the Admirall's or Capt. Chamberlain's information, but it is certain this last method, has been ye practice in like cases here and it is naturall for everyone to conclude that if Captains of men of warr can press and seize, and neither be arrested nor protests be made against them, they may do what they please here, which in ye tendency of it has created a universall dissatisfaction amongst the merchants. I come now to what has been ye more immediate occasion of this unhappy difference, and the necessary cause of bringing the whole in judgment before yr. Lordship. Refers to receipt of H.M. Proclamation of the Truce and Lord Dartmouth's letter of Aug. 21st. The Admirall happening to be in towne I immediately communicated to him the commands I had received and proposed for H.M. service that a man of warr should be immediately sent to Petit Guavas with about 100 French prisoners which wee had, and to offer ye exchange of them on such terms as should be reasonable, and to notifye the truce and know of the French Governour what orders he had received from his Master; The Admirall very readily consented and told me he would order a man of warr for that service. I accordingly prepared despatches etc. (enclosed). But as the exchange of prisoners, as well as the affairs of trade might, as I thought, be better managed by a person with instructions then any other way, and the Capt. of ye man of warr who was to go, not having thought fitt to see me on the occasion, I determined to send Mr. Basnett an eminent mercht. of this Island, to whom I gave enclosed letters etc. I hope your Lordship will allow me to express my surprize to see Mr. Basnett return from the man of warr, with my letters and instructions, delivering me a letter from Capt. Hosier (enclosed) as the reason of his being refused to go, and the man of warr sailed without giving me an opportunity so much as to write to the Governor of Petit Guavas, etc. Refers to enclosed resolutions and addresses of Council and Assembly, and correspondence with Admiral Walker. There is this more to be added in answer to what the Admirall has alledged of my being wanting in not desiring his order for Mr. Basnett to go aboard, that Mr. Basnett by my order went to acquaint him that he had my letters and instructions to go, and was not told by the Admirall either that he should not go, or that there was any omission in forme. To my last letters, which contain matter of some consequence to H.M. service, I have only been able to obtain the answer (No. xv. supra) which is so extraordinary that I was at a loss what further to say or write. Before anything of this happened I had given the Admirall severall depositions wch. were brought to me by way of complaint of above 40 inhabitants taken off the Island aboard ye ships under his command, which I desired him to inquire into, but can now neither obtain any answer concerning such inquiry, nor whether he will return me the dispositions or not, etc. Much more of the kind complained of in the Address might have been sent. As to the men of warr's carrying goods, I must do the Admirall the justice that this is not particular to him or his squadron, but has been practised by others, only Admirall Walker alone has allowed a person (who publickly declared ye same in ye Assembly) to tell the merchants that he would order the men of warr to carry what negroes and goods he pleased, which could only serve to increase the dissatisfaction, and especially at ye time when the privateers were called in and by the prospect of a Peace could hope for no other way of subsisting here but by ye incouragement of navigation and trade. My humble desires are to rest this whole affair in your Lordship's pleasure, etc. Upon the encouragement of Admiral Walker's bigg words that nobody knows his power and that perhaps I may not be long in my Government, etc., one gentleman, Mr. Totterdell by name, has said in ye Assembly, "How if Admirall Walker should be declared Governor now, how would they look who had shewn themselves against him"; which could be said with no other design than to terrifye other people and reflect on me, and as Admirall Walker has sided with and countenanced those persons only who have opposed all ye measures taken for H.M. service in the support of ye Government and sent publick messages to others who have been most usefull to the Queen's service, that he would turn this person out of the Council and the Speaker then in the chair from being Attorney Generall; I find myself under equall necessity to give your Lordship some accot. of my stewardship, etc. When I entered upon this Government all the Acts for publick service and supply were expiring and writts were issued by my predecessor for calling an Assembly which met about a month after my arrivall. The publick revennue (if about 4,000l. per annum be worthy of that name) was anticipated. There was scarcely sufficient to pay Major General Handasyd his salary at his going off, all publick buildings were gone to decay, there was not a house for me to go into in six months after my arrivall and I was forced to lodge in a private one. My lord, in the first year of the Assembly I obtained 5,000l. to be appropriated to the revenue and ye regiment and every other service provided for as formerly; Before this last meeting ye hurricane had happened, which had occasioned a new expence and I have obtained another sum of 2,000l. to be appropriated to ye revenue with ye other supplys as usual. I may without vanity assure your Lordship so much money has never been given in so short a time by any former assembly, and without it the ordinary contingencys of ye Government could not have been supported. The same Assembly My Lord has dutyfully addressed H.M. both the first sessions and now upon the glorious occasion of the Peace, which nobody opposed but Mr. Totterdale and Mr. Beckford and Mr. Carver, which last used the insolent expression of saying he was not for such flatterys and false shams to ye Queen etc., which is upon the Minutes and which was complained of and he had been undoubtedly expelled for it, but for his submission and protesting he was so drunk he did not know what he said. And these same persons have opposed all other measures for the Queen's service. And yet these are the persons (I am almost astonish'd whilst I am telling it to yr. Lordship) favoured by Admirall Walker, and as it is said promised rewards and promotions, I suppose for no other reason but because they have shewn themselves opposers of my Government as they have been of all others, and whose characters (the two first particularly I might referr yr. Lordship for, to the accts. given of them by my predecessors) and who instead of rewards very highly deserve some remarkable discountenance, for the quiet and incouragement of the generally better disposed people in this colony. I should be unjust to those gentlemen whom the Admirall has publickly threatened with the consequence of his displeasure, if I did not acquaint your Lordship they have particularly distinguished themselves in ability and integrity for H.M. service, and as I indeavour alwayes to consider things more yn. persons, and look upon persons by their actions, I can distinguish no other party here but those who are for supporting the Government and those who are against it. Besides these difficulties I have mett with in the Government, I must acquaint your Lordship of another which has proceeded from an Instruction sent to my predecessor about a year or two before I had ye honour to releive him and which was on no account to grant any escheat for above 10l. before the Lord Treasurer for the time being was informed of it and which I have strictly complyed with. But as these were by an Act of ye Island appropriated to ye support of the Government and there has been a stop in them ever since and none granted, the revenue has been thereby greatly diminished insomuch that it is computed at least 2,000l. every year inferiour to its annuall charge; but as this will require a good deale to be said to sett this matter in a clear view, I shall endeavour to do it by itself and desire ye Lords Commrs. of Trade to lay it before you, etc. Signed, A. Hamilton. Copy. 16¾ pp.
277. xix. Resolutions of the Council of Jamaica, Aug. 20, 1712. Capt. Clifton's detaining of the goods and men seized on board the Sina galley brought in by him was unjustifiable and an infringement of the liberty of the subject, etc. The owners had good cause of action against him, and their proceedings justifiable. Lt. Davis and others of the Salisbury prize who seised John Crossley in the discharge of his duty and execution of H.M. writ, and endeavoured to carry him on shipboard with menacing expressions, are guilty of high crimes and misdemeanours for which they ought to be prosecuted. The Council advise H.E. to acquaint the Admiral of the premises, etc. Copy. 3½ pp.
277. xx. Duplicate of No. 148 xii.
277. xxi. Resolutions of the Council of Jamaica, Nov. 5, 1712. The measures H.E. had taken to send Mr. Basnett to the Governor of Petit Guavas, etc., were very proper. The sailing of the Salisbury after refusing to take him on board is a very great affront to H.E.'s authority and may be of ill consequence to H.M. service in these parts, in that the Governor of Petit Guavas may remaine in doubt whether H.M. Governour of this Island has notice of the truce and has called in the privateers, etc. The Admirall's declaration mentioned in the affirmation of Joshua Perkin in relation to ye Governours of ye Island wearing flaggs which had alwayes been a custom for them to doe, within ye ports and harbours of their Government, and the general reflections upon ye people of this Island, were unnecessary and unprovoked and tending to encrease misunderstandings, etc. Copy. 2¼ pp.
277. xxii. Duplicate of No. 148 xiv.
277. xxiii. Deposition of Joshua Perkin, Master of the sloop Jacob, seized by Capt. Peter Chamberlain, H.M.S. Monmouth, Oct. 13, 1712. Deponent going on board H.M.S. Monmouth, Sept. 18 last, to demand some men that belonged to the Jacob, he was answered by Admirall Walker, "I won't let any of your men go ashore till the Jacob is either acquitted or condemned. Last night I found by examination you hoised Spanish colours, for which I'll shew you an act of treason. I don't question but all ye Island has been concerned in this trade. I know you are going to set ye gentlemen of ye Island and me at difference but I don't value them. I am above their power. They can do me no hurt, but I can do them a great deal of damage. They don't think themselves under ye Goverment of the Queen of England because they are so far off. But they may be called home. Your Governors formerly wore their flaggs in their boat but let me see any flag now I'll let him know he is as nothing afloat," etc. Signed, Josa. Perkins. ½ p.
277. xxiv. Deposition of Thomas Perkin. Nov. 8, 1712. Owner of the Jacob (v. supra) he demanded his sloop of Admiral Walker at the house of Col. Gomersall at Kingston, who replied that she had been trading at the Spanish ports contrary to the Act of Parliament, and that there was no law here against him, and that it was in his power to send her home to have her condemn'd; adding withall that if he should enter Perkins' house and carry away their money, there was no other redress to be had here against him, but to appeal home to H.M., and that nobody knew what power and authority he had, etc. Signed, Thos. Perkins. 1 p. [C.O. 137, 9. Nos. 78, 78 i.–xxiv.; and (without enclosures) 138, 13. p. 420.]
Feb. 17. 278. John Baker to Mr. Popple. There being transmitted from Jamaica an Act to prevent any one person haveing more than one office of trust in that Island (wherein I am concerned) I therefore desire the favour of a copy. Signed, John Baker. Endorsed, Recd. Read Feb. 17, 17 12/13. Addressed. ½ p. [C.O. 137, 9. No. 76; and 138, 13. p. 419.]
Feb. 18.
Treary. Chambers.
279. T. Harley to the Council of Trade and Plantations. Encloses following for their report thereon to the Lord High Treasurer. Signed, T. Harley. Endorsed, Recd. Feb. 19th, Read March 11th, 17 12/13. Addressed. ¾ p. Enclosed,
279. i. Governor Hunter to the Lord High Treasurer. New York, Oct. 31, 1712. Were I not perswaded that the complaints of ye distressed are only greivous to your Lordship when you have noe redress in your power, I would not at this time presume to trouble you with mine, consisting of these three heads. The Bills for ye expedition to Canada not answered, all ye bills for ye subsistance of the Palatins unpaid, and an expensive Government without support. The Earl of Dartmouth's letter of July 8th with ye assurances of the remittances being speedily answered brought me new life. Copys of my vouchers were sent home by the Virginia fleet long agoe, etc. I have acquainted ye Earl of Dartmouth and ye Lords of Trade with the present state of ye tarr work and workers, etc. I beg your Lordp. to consider that what I have done in that matter was by H.M. special order and instructions, which shall ever be sacred to me. I am perswaded that by this time your Lordp. is of opinion that ye distracted state of this Province calls for a speedy and effectual remedy which is not to be hoped for on this side. To your Lordship's wisdom I leave it, etc. I have studyed no other ends but ye advancement of H.M. interest and service and ye publick good. Signed, Ro. Hunter. 1¾ pp. [C.O. 5, 1050. Nos. 62, 62 i.; and (without enclosure) 5, 1123. p. 87.]
Feb. 19.
(N.S.) Quebec.
280. M. Begon, French Intendant at Quebec to [?]. Requests " Milord" to forward a pacquet to M. le Comte de Pontchartrain, containing a list of articles he requires to replace those lost in a fire in his house. Signed, Begon. French. 3 pp. [C.O. 5, 9. No. 114.]
Feb. 21. 281. Thomas Allen to Robert and William Heysham. The Committee concerned for the sufferers of Nevis and St. Christophers desire your attendance and accounts, etc. Signed, Tho. Allen. Endorsed, Recd. 24th, Read 25th March, 1713. Addressed. 1 p. [C.O. 152, 9. No. 156; and 153, 12. pp. 71, 72.]
Feb. 22.
282. Governor Douglas to [? the Earl of Dartmouth]. Acknowledges letters of Aug. 21st. The first I received Oct. 15, 1712, with H.M. Proclamation of the truce with His Most Christian Majesty which was immediately published. I received the second by the Nightingale man of warr the 17th inst. with H.M. commands concerning Spain being included in the truce which I have notifyed to all concerned and given out a Proclamation to that effect that all hostilitys are to cease, and the subjects of France and Spain not to be molested either in their persons or effects during the term the treaty is in force. This will prevent the Governor of Puerto-Rico from any further pretence of seizing any vessells belonging to the subjects of Her Britannick Majesty and afford a just occasion of reclaiming these in due form that have been already taken into their ports, etc. Signed, Walter Douglas. 2 pp. [C.O. 152, 42. No. 109.]
Feb. 25.
283. Council of Trade and Plantations to the Lord High Treasurer. We have considered Governor Nicholson's commissions (v. Jan. 27); and have prepared Instructions for him, relating to the Acts of Trade and Navigation, which are the same as are given by H.M. to all the Governors in America, to which we have added one clause, relating to the boundaries between Virginia and Carolina, and between Maryland and Pensylvania. We have prepared heads of enquiry, relating to the trade and fishery of Newfoundland, which are the same as were annually given to the Commanders of the Newfoundland convoy. And in further pursuance of your Lordship's directions (Feb. 5), we have considered the Instructions relating to arrears of prizes, which we think may be of service, and to which we have added a clause to empower Col. Nicholson to make an allowance as proposed (Feb. 5), etc. [C.O. 324, 10. pp. 19, 20.]
Feb. 25.
284. Council of Trade and Plantations to the Lord High Treasurer. Col. Nicholson having received a commission from the Lords Proprietors of Carolina, and apprehending he cannot execute it without H.M. leave, we submit it to your Lordship, whether it may not be for the publick service, that H.M. permit him to execute the same. [C.O. 5, 1292. p. 376.]
Feb. 25.
Cock-pit, Whitehal.
285. Form of debentures issued to the sufferers at Nevis and St. Kitts from the French invasion, who resettled before Dec. 25, 1711, amounting to ⅓rd of their losses, with 6 p.c. interest from Dec. 25, 1711. With receipts. [C.O. 243, 8. pp. 1–668.]
Feb. 27.
286. Council of Trade and Plantations to the Lords Proprietors of Carolina. Enclose extract of Col. Spotswood's letter (July 26th, 1712) relating to Carolina and the Indians. [C.O. 5, 1292. p. 377.]
Feb. 27.
287. Council of Trade and Plantations to the Earl of Dartmouth. Enclose extract from Col. Spotswood's letter (July 26, 1712) relating to silver and gold mines on the back of Virginia, for H.M. pleasure thereupon. [C.O. 5, 1363. p. 478; and 5, 1335. No. 180.]
Feb. 27.
288. Mr. Popple to William Blathwayt. The Council of Trade and Plantations being authorized and required by their commission to demand an account of all monies given for publick uses by the Assemblies in the Plantations, and how the same are or have been expended, their Lordships desire you will let them have a particular state of the revenue of each of H.M. Governments in America for the last year, or for such time as you are able. [C.O. 324, 10. p. 21.]
Feb. 27.
Craven House.
289. The Lords Proprietors of Carolina to Col. Pollock and the Council of North Carolina. Whereas H.M. has been pleased to authorize Col. Nicholson to make enquiries into several matters mentioned in his commission in H.M. Colonies in America; we also being very well assured of the prudence and integrity of the said Col. Nicholson have thought fit to impower and authorize him by commission under the seal of our Province to make a strict enquiry into the illegal proceedings and disorders that have lately happened amongst you that by a full examination of the affidavits and allegations on both sides he may be able to inform us (in a more perfect manner than we have been yet informed) what was the occasion of them, and who were the authors and abettors of them, that such persons who have acted contrary to their duty might be brought to condign punishment; we therefore hereby require and command you that in the meantime till the said Col. Nicholson shal arrive in our Province all acts of hostility and severity cease amongst you and that you invite and incourage all the inhabitants of our said Province to return to their duty and to live and continue in their obedience to H.M. and her Governmt. Signed, Beaufort, Carteret, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. p. 64.]