America and West Indies: December 1716, 17-31

Pages 232-237

Calendar of State Papers Colonial, America and West Indies: Volume 29, 1716-1717. Originally published by His Majesty's Stationery Office, London, 1930.

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December 1716, 17-31

Dec. 17.
428. Council of Trade and Plantations to H.R.H. the Prince of Wales. We have received security for Mr. Keith etc. (v. Nov. 22), and a declaration and promise under Mr. Penn's hand that your Royal Highnesses approbation and allowance of the said Keith to be Deputy Governor of the said Province and Territories shall not be construed in any manner to diminish or set aside H.M. claim of right to the three lower counties on Delaware River; we are thereupon humbly of opinion, that your Royal Highness do grant your Royal Highness' approbation of the said Keith to be Deputy Governor of Pensylvania without limitation of time, and of the three lower counties during H.M. pleasure only. Enclose Instructions for Mr. Penn relating to the Acts of Trade and Navigation, as usual. [C.O. 5, 1293. pp. 53, 54.]
Dec. 17.
429. Council of Trade and Plantations to Mr. Secretary Methuen. Enclose extracts of complaints as to the conduct of the Spaniards at St. Augustin in the Province of Florida. Autograph signatures. 1 p. Enclosed,
429. i. Extract of letter from Governor Hunter, 12th Nov., 1715. ½ p.
429. ii. Extract of Memorial from Mr. Boone and Mr. Beresford, (No. 413). 21/8 pp.
429. iii. Extract of letter from Governor Heywood, 11th Aug., 1716. ½ p.
429. iv.–vi. Extracts of letters from Governor Lord A. Hamilton, 12th June, 1716, 26th April, and 14th Nov., 1715. 1¼, ¾ and ¼ pp. [C.O. 5, 382. Nos. 17, 17 i.–vi.; and (without enclosures) 5, 1293. pp. 54, 55.]
Dec. 17.
St. James's.
430. Order of H.R.H. the Prince of Wales, Guardian of the Kingdom, in Council. Approving appointment of Lt. Governor Keith as proposed No. 428. Signed, Edward Southwell. Endorsed, Recd. 8th, Read 16th Jan., 1716/17. 1¼ pp. [C.O. 5, 1265. No. 51; and 5, 1293. pp. 62, 63.]
Dec. 17. 431. Certificate from the Deputy Remembrancer that Lt. Govr. Keith has given security, etc. Signed, John Hardinge D.R.R. Endorsed, Recd. Read 17th Dec., 1716. ¼ p. [C.O. 5, 1265. No. 45; and 5, 1293. pp. 55, 56.]
[Dec. 17.] 432. Extract of a letter from Capt. Andrew Thauvett relating to a grant in St. Christophers, 10th Feb., 1716. Endorsed, Recd. 17th, Read 20th Dec., 1716. 1 p. [C.O. 152, 11. No. 35.]
Dec. 17.
St. James's.
433. Order of H.R.H. the Prince of Wales, Guardian of the Kingdom, in Council. Referring Representations of Board of Trade 14th Dec. and 22nd June, and of Board of Ordnance, 17th July, upon stores of war for the Leeward Islands, to the Lords. Commrs. of the Treasury for their report what they conceive fitt to be done therein. Signed, Edward Southwell. Endorsed, Recd. 8th, Read 16th Jan., 1716/17. 1 p. [C.O. 152, 11. No. 41; and 153, 12. pp. 484, 485.]
Dec. 18/29.
434. Mr. Secretary Stanhope to the Council of Trade and Plantations. Encloses following. Continues:—The King being inclined to favour his Lordship's request, I desire you will please to make your report as soon as conveniently may be, etc. Signed, James Stanhope. Endorsed, Recd. 11th, Read 13th Feb., 1716/17. 1 p. Enclosed,
434. i. Petition of John Earl of Sutherland to the King. There are arrears due to petitioner since the Revolution, amounting to above £20,000. He has always testifyed his great zeal and activity for the Protestant Succession, and given singular proofs of his fidelity and affection to H.M. by his services in North Britain during the Rebellion, etc. Prays H.M. to grant him a charter of certain lands lying upon Delaware Bay in America, commonly called the three lower counties, which he is ready to prove do belong to the Crown. Referred to the Council of Trade. Signed, James Stanhope, Hanover, 29th Dec., 1716. 1 p.
434. ii. Report of Attorney and Solicitor General to the King, on preceding. Oct. 21st. [C.O. 5, 1265. Nos. 54, 54 i. (without enclosure ii.); and (without enclosures) 5, 1293. p. 70; and 5, 1233. Nos. 57, 57 i., ii.]
Dec. 19.
435. Council of Trade and Plantations to Mr. Secretary Methuen. Mr. Pitt appointed H.M. Governor of Jamaica having desir'd to be instructed upon sevl. heads etc. (v. Sept. 24th etc.), and we finding that the matters relate principally to the powers and priviledges claim'd by the Assemblys; we thought it necessary to look back into our books, as far as to the first settlements of Assemblys in that Island, for such precedents as were to be found upon those sevl. heads in the Minutes of the Councils, Journals of the Assemblys and other papers receiv'd from thence. As this our search into the several books and papers, relating to the Govermt. of Jamaica, has requir'd much time and application, so it has necessarily occasion'd the inclos'd extracts to be so voluminous, for we have rather chosen to swell this collection to an unusuall length, than to omit the least transaction, that may give light to the points, wch. have been laid before us. We do not presume to give any opinion of our own in matters, wch. so nearly concern the prerogative of the Crown, and are so essential to the Constitution and Government of that Island, humbly conceiving they may deserve H.M. more immediate consideration in Council. We think it proper to acquaint you on this occasion, that disputes of the like nature have lately arisen in other of H.M. Governments in America. Autograph signatures. 2 pp. Enclosed,
435. i. Extracts from the Records of Jamaica, referred to in preceding, relating to points upon which Governor Pitt desires instructions. [C.O. 137, 46. Nos. 23, 23 i.; and 138, 15. pp. 59, 60, 67–160.]
Dec. 20.
436. Mr. Secretary Methuen to the Governors of New England, New York and Virginia. Mr. Bridger being appointed Surveyor of H.M. Woods on the Continent of America, and the preservation of those woods being judged of very great importance to H.M. service, in which H.M. doubts not but his Governors of his respective Provinces will heartily concur. That you may be enabled to do this the more effectually, I am commanded to transmit to you the following clause in his Instructions etc. You are to take all possible care not only for ye preservation of the woods, but also that not one part of them be cut either by Mr. Bridger or any person whatever without authority for their so doing by Privy Seal from hence. Signed, P. Methuen. Annexed,
436. i. Copy of Clause in Mr. Bridger's Instructions referred to in preceding. You are to take especial care, that not any part or sort of the said woods be cut either by yourself or any other person whatsoever without an authority for the same by a Privy Seal from hence, and to the utmost of your power you are to prevent any part of the said woods being damaged, wasted or imbezled, and as you are to mark such trees as now are or hereafter shall be fit for masts as aforesaid, so you are to take the greatest care for their preservation. [C.O. 5, 190. pp. 375, 376.]
Dec. 20.
437. Council of Trade and Plantations to H.R.H. George Prince of Wales, Guardian of the Kingdom, etc. In reply to Aug. 29, 1715, state case of Capt. Andrew Thauvet, which they have reason to believe is true. (v. 29th Aug., 1715). Continue:—Thauvet, a French Protestant refugee from Marigalante, setled in New York in 1687, and afterwards served Col. Codrington so well, and at his own expense, in the expedition against Marigalante and Guardaloupe, that in 1696, after the reduction of the French part of St. Christophers, he gave Thauvett and Gabriel Rapine a grant for ever of certain plantations therein, and had before in 1691 encourag'd not only Thauvett but all strangers and particularly the French Protestants of New York to come and settle at St. Christophers etc. (v. Aug. 29, 1715). By the Peace of Ryswick, whereby the French part of St. Christophers was restored to them, Capt. Thauvett and others were dispossessed of their grants. In 1698 Col. Codrington made another grant to Capt. Thauvet of a plantation formerly belonging to one Andrew Bodkin in the English part of St. Christophers, Bodkin having forfeited the same by being in arms and actual rebellion against his late Majesty, but Martial Law only being at that time in force in the Leeward Islands Bodkin was not prosecuted nor declar'd a rebel in due from, so that about 12 or 18 months ago upon a suit brought by one Blake who marryed Bodkin's daughter and claim'd the said Plantation as his heir a verdict or judgment was obtain'd at St. Christophers against Capt. Thauvet and Blake put into possession. We are humbly of opinion that in consideration of those services which procur'd him the first grant as well as of those perform'd since he was dispossess'd of it by the Treaty of Ryswick and of his being now depriv'd of the second grant after having made sevl. improvements upon it, that if your Royal Highness shall be pleas'd to restore to him his former plantation in the late French part of St. Christophers it will be a bounty well bestow'd and an encouragement for others to distinguish themselves in the like manner by their zeal for the Protestant interest and H.M. service in those parts. [C.O. 153, 12. pp. 475–479.]
Dec. 21.
St. James's.
438. Order of H.R.H. the Prince of Wales, Guardian of the Kingdom, in Council. Referring preceding Representation to the Lords Commissioners of the Treasury for their report. Signed, Edward Southwell. Endorsed, Recd. 8th, Read 16th Jan., 1716/17. 1¼ pp. [C.O. 152, 11. No. 42; and 153, 12. pp. 485, 486.]
Dec. 21.
St. James's.
439. Order of H.R.H. the Prince of Wales, Guardian of the Kingdom, in Council. Referring following to the Council of Trade and Plantations for their report, after receiving information from Mr. George Lewen, etc. Signed, Edward Southwell. Endorsed, Recd. 11th, Read 13th Feb., 1716/17. 1 p. Enclosed,
439. i. Ambrose Weston and William Cleeves, Fishing Admirals at St. Peters, to H.M. Privy Council. Present their Journal, and complain against M. Gallentry Toulon, who is a servant to Mm. Offry, alias Bosasure, of St. Malo, etc. Repeat case stated Feb. 17, q.v. Thus encouraged, Gallentre Toulon took freight in the Two Sisters and Mary, William Le Messurer (=Mesurier), master, of Guernsey, for goods and 20 servants all natives of France, and arrived at St. Peters in May, 1716, where he left 9 the yeare before, and only 2 have taken the oath of allegiance. Out of compassion for Le Messurer, a subject of England, whose voyage would be ruined, we permitted Toulon to fish, on condition that if any of H.M. ships of war did arrive, he should appeale to the Commodore to decide whether he had any right of fishing at St. Peters. Accordingly at the arrival of H.M.S. Gibraltar, he did apply to Capt. Falkingham, who did order us to permit him to carry off his fish, and also blamed us for suffering him to fish. We therefore, who never had anything in view but to preserve the Trade and Fishery of Newfoundland, by detecting all frauds and collusions used by the French, did not permit him to ship off the 722 quintals of fish he had catched in his owne name, but permitted it to be shipt, in the Gurnsey ship, and took an obligation from William Le Messurer, the master, to render a true acct. of the proceeds to H.M. Council. Soon after Toulon's arrival at St. Peters, their came thither a ship of St. Malo, bound to Cape Britton, who had sixteen persons, some of which were fishermen, who were to be put on shoar at St. Peters, to serve the French that reside there; but we would not suffer them to continue there, upon which they went away threatning to send the Indians to us for revenge. We also crave leave to inform yor. Lordps. of the damage that Newfoundland sustains by the trading of New England sloops amongst whose cargoes rum, sugar and tobacco occasions the confusion and debauchery etc. of the fishermen, who as long as money, credit, or cloths will purchase said liquors, they will not fail to be without it, by which means they render themselves not able to do their masters' business, nor carry the profit of their voyages to their familys. And above all the Lord's Day, is as it were, an Universall Day of drunkeness and debauchery, and becoming spendtrifs, and being in debt, they usually desert and are carryed away by traders to New England, insomuch that one of the traders did himself declare that 700 passengers, did the last year go from Newfoundland, to New England, to reside and employ themselves in the fishery there. Pray directions about the fish shipt on board Capt. Le Messurer, who has been arrested at Bilboa by a French merchant there claiming it, etc. Signed, Ambrose Weston, Wm. Cleeves. Copy. 6 pp.
439. ii. The Widow Oufroy (als. du Burre, etc.) to William Cleeves. I shall be charmed to treat with you for the sale of my plantation at St. Peters, as soon as M. Le Gallantry that I have sent this year into that countrey shall return and hath given me an inventory, etc. Signed, The Widow Oufroy. Copy. ¾ p.
439. iii. Duplicate of No. 47 iii.
439. iv. Duplicate of No. 47 i.
439. v. Report of the Fishing Admirals upon the case of Gallantrie Toulon, and his undertaking to appeal to a man of war, etc. as described supra. St. Peter's, May 26, 1716. Signed, Ambrose Weston, Admiral, Wm. Cleeves, Vice-Admiral, Richd. Boore, Vice-Admiral, and Tulon. Copy. 2¼ pp.
439. vi. Commodore Falkingham to the Fishing Admirals of St. Peter's. Directions etc. concerning M. Toulon's catch of fish, ut supra. Gibraltar at Placentia, 8th Aug., 1716. Signed, Edward Falkingham. Copy. 1 p.
439. vii. Order of the Fishing Admirals of St. Peters to Capt. Wm. Le Mesurer to ship the fish caught by M. Toulon and report the proceeds to the Privy Council. St. Peters, 8th Sept., 1716. Signed, Weston and Cleeves. Copy. 1 p.
439. viii. Capt. Le Mesurier's acceptance of preceding instructions. St. Peters, 8th Sept., 1716. Signed, Le Mesurier. Copy. ½ p.
439. ix. Capt. Le Mesurier to Ambrose Weston and William Cleeves. Requests them to represent his case to the Privy Council, he having been thrown into prison at Bilboa at the instance of a French merchant representing M. Toulon on account of the 720 quintals of fish, etc. Bilboe, 27th Oct., 1716. Signed, Wm. Le Mesurier. Subscribed, Abram. Lordell, who forwards preceding by George Lewen, etc. Copy. 2¾ pp. [C.O. 194, 6. Nos. 19, 19 i.–ix.; and (Order of Council and enclosure i. only) 195, 6. pp. 294–302.]
Dec. 25. 440. Petty expenses of the Board of Trade, stationery, postage, etc. from Michaelmas to Christmas, 1716. 4 pp. [C.O. 388, 77. Nos. 23, 25, 27.]