America and West Indies: October 1721, 16-31

Calendar of State Papers Colonial, America and West Indies: Volume 32, 1720-1721. Originally published by His Majesty's Stationery Office, London, 1933.

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'America and West Indies: October 1721, 16-31', in Calendar of State Papers Colonial, America and West Indies: Volume 32, 1720-1721, (London, 1933) pp. 465-480. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol32/pp465-480 [accessed 19 April 2024]

October 1721, 16-31

Oct. 16.
New York.
692. Governor Burnet to the Council of Trade and Plantations. Abstract. Encloses with comments 20 acts of New York passed in a sessions begun 16th May and ended 27th July, and Minutes of Council, 21st Dec., 1720–19th Sept., 1721. Continues: I come now to give your Lordships an account of my transactions at Albany which have given me no small satisfaction and I hope will not be displeasing to your Lordships. I came to Albany on the 29th of August and ye Indians came thither on 1st September the day appointed which is not usual with them and in greater numbers than have been known for many years. At first in private conferences I expostulated with them about their late engagements with the French. These they imputed to a few ill men among them and the ill effect that false reports spread by the French concerning me, had among the young men but said that was now over, and they were satisfyed that it was all a trick to mislead them against their true interest. I told them that I knew that Cannasora an Onondaga Indian, who has been the most leading man among them and their Speaker for these thirty years, was a French spy and had been the cheif ill instrument among them and desired as a token of their good intentions that they would choose another Speaker, which they readily did; I conversed with some of them every day by an Interpreter and grew so well acquainted and familiar with them, that they were never observed to be better pleased and when I was fully informed of their dispositions, I made them my general Speech or Propositions, and they gave me a very satisfactory and hearty answer. Refers to copies enclosed. Continues:—And that I might improve their present good humour to the best advantage I have employed the £500 granted this year by the Assembly cheifly to the erecting and encouraging a settlement at Tirandaquet a creek on the Lake Ontario, about 60 miles on this side of Niagara whither there are now actually gone a company of ten persons with the approbation of our Indians and with assurance of a sufficient number of themselves to live with them and be a guard to them against any surprize, and because the late President of Councill Peter Schuylers son first offered his service to go at the head of this expedition I readily accepted him and have made him several presents to equip him and give him a hansome allowance for his own salary and a commission of Captain over the rest that are or may be there with him and Agent to treat with the Indians from me for purchasing land etc. This company have undertaken to remain on this settlement and that never above two shall be absent at once, and tho' these have the sole encouragement at present out of the publick money yet there is nothing that hinders as many more to go and settle there or anywhere else on their own account as please. This place is undisputedly in the Indians possession and lyes very convenient for all the far Indians to come on account of trade from which the French at Niagara will not easily hinder them because first it must be soon known and is against the Treaty and besides they may easily slip by them in canoes and get to this place before the french can catch them in the pursuit, if they should attempt to hinder them. This my Lords is the beginning of a great trade that may be maintained with all the Indians upon the Lakes and the cheapness of all our goods except powder above the french will by degrees draw all that trade to us, which cannot better appear than by the french having found it worth while to buy our goods at Albany to sell again to the Indians. Wherefore to break that practice more effectually, I have placed a sufficient guard of soldiers on the carrying place to Canada and build a small block house there with the remainder of the £500 before mentioned. As to Niagara I did write to the Governour of Canada to complain of all the unwarrontable steps he has taken, and among others of his erecting a blockhouse at Niagara before the Treaty of limits had setled who it belongs to. I received his answer at Albany in which he flatly denyes most of the facts I complain of. But as to Niagara he pretends possession for above fifty years first taken by Mr. de la Sale. This letter from the Governour of Canada was of great use to me with the Indians, for I made a french Interpretress explain it all to them by which they saw that he was obliged to disown all his proceedings with them. And that his pretensions to Niagara as belonging to the French was quite contrary to what Mr. de Longueil sent by the Governour of Canada to treat with them had told them last year, for he acknowledged to them it was their land and that he only desired leave to keep a magazine there to supply them with powder and other necessarys. Upon this occasion the Indians inform'd me that fort Frontenac had been built by the French by meanes of the like pretences formerly, by first erecting a block house on land which they owned to belong to the Indians and saying it was only to be a magazine to supply them with goods and when afterwards the Indians found them fortifying there, they said it was to have a post to defend the 5 Nations from the attempts of some northern Indians who intended to invade them. This they own they were foolish enough to be deceiv'd by thirty years ago but were now resolv'd not to let Niagara be fortified tho' it had been so once already by the French and they had pulled it down. I can not think yt. ye french having been long ago at a place can give them a title to it without the consent of the native Proprietors for it it is only derelicta that become primi occupantis but Niagara and a thousand miles further all round the Lakes, has been all along used by the five Nations as their hunting country after having subdued the old inhabitants, before the french came into America, all which right the five Nations have conveyed to the Crown of Great Britain in these express words in their reply to Lt. Governor Nanfan at Albany, 19th July, 1701, "We do give up and render all that land where the beavor hunting is which we won in war eighty years ago to Coraghkoe our Great King and pray that he may be our Protector and Defender there." And in that very treaty the Indians complain of the French setling at the Detroit between Lake Erie and Lake Huron, as an encroachmt. on the land of their beavor hunting. This title of the 5 Nations or Iroquois as the french call them to the hunting country appears by the maps of the french travellers at Baron La Hontan. and Pere Hennepin in those countrys where in several parts it is mark'd Chasse des Iroquois and in the late french map of ye Louissiane published in 1718 there is in one place mark'd Nation detruite par les Iroquois. I can not see what the French can pretend to invalidate this title, tho' by their unwearied application they have been continually making encroachments on this hunting country of the five Nations and small settlemts. in the best spots of it particularly at Le Detroit beforementioned which is the richest spot of all. To shew your Lordships what pains the french take to gain our Indians notwithstanding the Govr. of Canada's protestations to me of the contrary; while I was at Albany there came an Indian express from the Senecas country to his brethren at Albany telling them that there was some french men come to their homes to warn and conjure them not to go to Albany, for that I designed to cut them all off, that I might get their land and that if they would have some to go to Albany to let it be only a few old men and that even they would be in great danger of being poysoned, so restless as [?are] the french in these parts but the Indians I am resolved to keep them at a distance for the future, and I hope next year when I have received the King's present that I shall fix what I have now begun on such a foot that the french will not be able to defeat it, wch. makes me beg your Lordships to obtain so necessary a supply for me for it has been a great charge and expence to myself besides the allowance of the Assembly to make a noble present this time because it was necessary etc. I did intend to setle the Palatines in the middle of our Indians, but finding they could not be brought to that I have granted their request to have a licence to purchase of the nearest Indians, the Mohocks, etc., wch. I have yeilded them with this condition that it be not nearer than a fall in the Mohocks River which is forty miles above fort Hunter and four score from Albany by which ye frontier will be so much extended and those people seem very well satisfy'd etc., and as a proof of it, all that did live in a lawless manner before on ye land at Schokery which had been granted to other proprietors have now actually taken leases from them and attorned tenants to them etc. I will at this time only repeat my instances that you will please to obtain the 2 pr. cent. Act to be confirmed, the King's presents for the Indians to be sent and the stores for these garrisons, all which we are in the utmost want of and I hope your Lordships will think so promising beginings, may deserve a more particular protection and encouragement. Set out, Doc. Hist. of New York, I. 289. Signed, W.Burnet. Endorsed, Recd. 6th, Read 20th Dec., 1721. 13½ pp. Enclosed,
692. i. Governor Burnet's speech to the Five Nations of Indians at Albany, 7th Sept., 1721. Set out, N.Y. Col. Docs. V. pp. 635–638. Same endorsement. 5¾ pp.
692. ii. Answer of the Five Nations to preceding. Albany, 9th Sept., 1721. Set out, N.Y. Col. Docs. V. pp. 638–641. Same endorsement. 2¾ pp. [C.O. 5, 1053. ff. 4–10v., 11v.–14v, 15v.]
Oct. 17.
Whitehall.
693. Council of Trade and Plantations to Lord Carteret. Enclose following for H.M. approbation. Annexed,
693. i. Draught of H.M. Additional Instruction to Governor Lord Belhaven. Whereas by the 88th Article of Our Instructions, you are restrained from granting unto any person or persons any lands which now are or hereafter shall be in our power to dispose of, in any of Our Islands, until you receive Our further orders therein. And whereas it has been represented to us by Our Commissioners for Trade and Plantations, that it would very much conduce to the benefit of this Our Kingdom, if not only Tobago, but the other Charibbee Islands were planted and settled. It is therefore Our will and pleasure, and We do hereby give you full power and authority, with the advice and consent of Our Council of Barbados, to make grants of land in Tobago to be pass'd under the seal of Our said Island under the following restrictions as to planters from Charibbee Islands, number of acres in grant and cultivation of same, obligation to keep white servants, prohibition of planting sugar canes, encouragement of planting cocoa, anatto, and indigo, payment of quit-rents (2/6 per 100 acres), andper cent. as proposed, 14th Sept. and 4th Oct. supra. [C.O. 29, 14. pp. 250–254.]
Oct. 20. 694. Robert Armstrong to Charles Burniston, Surveyor General of H.M. Woods. Refers to letter of 20th Nov. last. Continues:—Upon my surveying the woods, I find in Newhampshire, there was upwards of 25,000 loggs cutt about one year before I entred upon my post, and that two thirds of said loggs was from upwards of 24 in. to above 30 and 20 ft. long. all cutt into suitable lenghts, and brought down to the severall mills in New Hampr. to be sawed into plank boards, and other timber. Estimates that for 20 years where there was one mast sent home by contract for H.M. service there was 500 cutt or destroyed, all or the most part out of New Hampshire etc., and there is likewise some thousands of loggs cutt in the abovesaid woods, much about the same dimentions in order to be brought to the waterside, to be conveyed to the mills. The waste is due partly to the penning of the Acts, and to the Surveyor's receiving money from the loggers etc. Signed, Robt. Armstrong. Endorsed, Recd., from Mr. Burniston, 5th, Read 9th Feb., 1721/22. 3pp. [C.O. 5, 868. ff. 161–162v.]
Oct. 21.
St.James's.
695. H.M. Instructions to Lt. Governor Hope, with Instructions relating to the Acts of Trade and Navigation. [C.O. 5, 191. pp. 308–353.]
Oct. 25.
Whitehall.
696. Council of Trade and Plantations to Lord Carteret. Enclose following for H.M. approbation (v. 26th Sept.).
696. i. Draft of H.M. Additional Instructions to H.M Governors of New York, N. Jersey, Carolina and Barbados. Whereas by Our Instructions to you for the Governmt. of our sd. Island of Barbados etc. you are empower'd by the first part of the 63 Art. thereof to prefer any Minister to any Ecclesiastical Beneficc in that Island who produces a certificate from the Right Reverend Father in God the Lord Bishop of London or some other Bishop of his being conformable to ye doctrine and discipline of the Church of England, and of a good life and conversation; It is nevertheless Our Will and Pleasure that you do not prefer any Minister to any Ecclesiastical Benefice in that Island without a certificate from the Right Reverend Father in God the Ld. Bp. of London of his being conformable to the doctrine and discipline of the Church of England, and of a good life and conversation. Mem. in margin: Nicholson's Instructions for Carolina dated 27th Sept. 1720 Art. 75 & 79; Burnet's for New Jersey, 3rd June, 1720, Art. 76 only; New York Art. 71 & 75. And whereas by the 67 Art. of Our sd. Instructions you are empower'd to admit schoolmasters coming from this Kingdom to keep school in Barbados by virtue of your own licence, in case persons with licences from the sd. Bp. of London shall be wanting there. It is also Our Will and Pleasure that no person be henceforward admitted to keep school in that Island without the licence of the said Ld. Bp. of London. Mem. There is no such article in the New Jersey Instructions. [C.O. 324, 10. pp. 437–439.]
Oct. 26.
Whitehall.
697. Council of Trade and Plantations to the Lords of the Treasury. Refer to letter of 4th Aug. relating to building of new rooms. Conclude: Wee now are oblig'd to acquaint your Lordships, that the rain comes in so very much, it will be impossible in a short time for us to sitt in the Office, unless your Lordships shall be pleas'd to give speedy orders for repairing the same, and for building of the rooms mentioned etc. [C.O. 389, 37. pp. 210, 211.]
[Oct. 27.] 698. Joshua Gee to the Council of Trade and Plantations. Memorial upon the Trade of the Plantations. The Settlement of Plantations and the Act of Navigation have greatly encreased our shipping etc. Continues: We have by the favour of our Plantation Trade and Newfoundland Fishery so encreased our shipping and navigation, that we greatly exceed the Dutch shiping in number of tonnage and even in hiring out our ships to frieght etc. We formerly paid the Portuguese and Spaniards 5 or £600,000 yearly for sugar, tobacco, indigo etc., with which we are now supplyd from our own Plantations, over and above what we re-export. We still pay Muscovy, Sweden and Denmark 7 or £800,000 yearly for iron, copper, hemp and flax, boards and timber, which might be plentifully supplyed from our own Plantations, by the labour of our own poor. I don't mention pitch and tar because we are discharged from the yoke we were under to the Swedes and Russians for that comodity. And some further care and incouragement from the Government, would put the inhabitants upon raising and providing all the rest of the aforesaid comoditys. For we have an intire forest of 14 or 1500 miles long and 3 or 400 broad, filled with multitudes of trees of all kinds, the country abounding with navigable rivers for bringing down timber etc., with vast quantity of iron mine, and some other mettals, and with extraordinary land for producing hemp and flax, what is wanting is to give proper incouragment to the inhabitants, to begin upon these manufacturys. The merchants are of opinion that taking of all dutys from timber and boards [imported from the?] Plantations, will be sufficient incouragment for importing those comoditys; that granting liberty to import pig or sow iron free from all duty will be sufficient encouragment for that comodity; that allowing £6 pr. ton upon flax may be [?sufficien]t to encourage the importation of it. But as very little progres has been [made] in sowing and raising hemp and as it is impossible to carry on the Navigation of [Engl]and without a supply of 7 or 8000 ton of hemp from abroard and the Czar having got all the principal ports from whence we used to be supplyed into his own hand, and being a Prince of deep penetration and enquiry etc. will doubtless load this comodity with so many difficulties, that we shall not have it otherwise than upon his own terms, and perhaps in his own ships: Therefore 'tis humbly conceived, that the Government ought to take some extraordinary care, to set the people of America before any other imployment whatsoever upon sowing raising and dressing of hemp. If £10 per ton was given by way of bounty, for the term of 7 years, it would be the best money that coud be laid out, for tho' a bounty of £6 per ton has been allowed for 16 or 17 years past, yet it has not produced the importation of one pound in all that time. When the Swedish ports in Livonia etc. were open to us, hemp seldom exceeded 20s. pr. hundred, but since those ports came into the Czar's hands, he has found out methods already to make it 7 or 8s. pr. hundred dearer to the consumer. The persons concerned in building and fitting of ships, as well as several merchants, are under direfull apprehensions what the consequence may be, if he should pursue those measures etc. It will be nearly 7 years before people can get into a right way of raising any great quantitys of hemp, etc., so that the bounty to be given cannot amount to any large sume in that time; but if by the last year of that terme, they should supply us with 1000 ton, and the Government should distribute £10,000 among our own inhabitants, by way of bounty, it ought not so much as to be named, in comparison of the many hundred thousand pounds, that are paid yearly to the Muscovites etc. for naval stores. Altho' our planters are possessed of land, they have wanted seed, some indeed have carryed over several parcels in order to sow it, but their unskilfulness in the nature of seeds, made their experiments unsuccessful, for they shipt it off, and put it in the hold, where it heated, which rendered it altogether useles, for once heated it will not grow. Proposes that 3 or 400 bushels of hemp seed in cask, carried above deck, be given to the most industrious planters etc. As we have made a very great increase of our riches, by the goods [?brought] from our Plantations and re-exported, many true lovers of their country would rejoyce to see the other branches of the products of America improved to the same advantages, and after we have supplyed ourselves, then such bulky comoditys as will not bear the roundabout navigation, of bringing home to England and re-exporting to Portugal Spain and the Streights, should be put under such a regulation, that they may become proper merchandize; Now this might be done by taking off all restraints from those comodities, that will not bear the extraordinary charge of bringing home from the place of growth to England, and allowing them to be carryed thither directly, which would employ the national stock, shiping and mariners of this Kingdom, for want of which liberty, we loose the supplying the Streights etc. with rice, sugar, tobacco and a great many other Plantation commodities. Gives instances. If our ships were allowed to proceed directly to Spain, Portugal or the Streights, [this King]dom would unavoidably have the further advantage, of becoming the common [?port] for Holland, Hamburgh, the Sound and Flanders, which may be seen by what [is s]aid concerning our Newfoundland shiping; For this Navigation will always supply a number of ships, ready to take in goods, which may carry them for half the freights [?the Frenc]h and Hamburghers can send out their ships for and return. Then there must be a restraint laid upon all ships belonging to the subjects of Great Brittain, from loading in the Plantations, and carrying that loading to Portugall etc. and returning back again to the Plantations without coming home for England; this practice has been very prejudicial to our Navigation, and may prove of pernicious consequence in time to Great Brittain, and is the onely thing that can lead the people in the Plantations, into an independency on England. For they carry their lumber fish etc. directly to Spain etc. and there frequently have lodyed for them, French silks, linnens and all other things they want for the conveniencys of life, and England is entirely cut out of the advantage of supplying them. If all ships were obliged to come home to England, and clear out from hence, the produce of all those comodities would be brought home, and laid in English comodities; in short it would put it out of the power of New England, or any other of the Colonies, to beat us out of that trade: For they are now forced to be supplyed with sailors from Europe, they give twice the wages we doe, and their fitting out is near twice the charge of ours, which is enough to give us all the advantages we can desire in our Plantation trade, and will soon put an end to the apprehensions we have had, of being injured by the New England ships etc. For they will scarcely be able to carry on any other Navigation than coasting it from Plantation to Plantation, and their Fishery, which will be as much our advantage as theirs, for whatever profits they make, will be laid out in our manufactures for their cloathing etc. Newfoundland ought not to be considered as a Colony, and therefore should not be laid under any of these restrictions, but esteemed as an English Fishery, carryed on by our own ships, and the sailors fed and cloathed with provisions from hence, who all return home at the conclusion of the season, a very few onely excepted, who stay behind to catch seal and divers land creatures for their oyl, and fur, of which a very great advantage is made to this Kingdom, and those that stay behind have their provisions from hence, for besides fish in the season, the Country produces litle but rocks and trees.
Several objections have been made against making Naval Stores in our own Plantations, but more especially against our supplying our neighbours with them, but I shall make it appear, that it is greatly the interest of England etc. It is objected that if they make iron, they will fall into manufactures, and make nails and other iron wares; To this 'tis answered, that they have had iron works among them for 40 or 50 years past, and have always had Spanish and Swedish iron as cheap to a trifle as we, and in all that time never made anything, but what 'twas impossible to subsist without; tho' they have had abundance of good workmen gone over thither, whose circumstances would not permit them to stay here. The reason is plain, there is so much an easier subsistance to be made, where land is of so smal a value, by a little farme and a smal stock of cattle, that most of them slight manufacturies, and even in New England (the poorest of all the Colonies and the fullest of people) those few that do work will have near five times as much for manufacturing nails and other things, as is given for manufacturing in England, which is [?as much] for the bare manufacturing, as 'twould cost to import them ready made from [?England]. It must also be observ'd, that the country abounding with great variety [?of game] fish and fowl, diverts them from manufacturies and labour. This plenty[ ] enclines them to a genteel way of living, and by the help of a gun and tackle, they in a great measure supply their familys with provisions; [?if] they exchange the produce of their farm for clothing, their end is answered: Now if they could have the additional oppertunity, of raising hemp and flax, which may in great measure be carryed on by their servants and children, such a rural way of life would be much better accomodated, to the inclination of the inhabitants of our Plantations, than the manufactures of England.
The best article they have is shipbuilding, by which they make the greatest returns, which ships when built are sent to Portugal Spain and other parts of Europe, and many of them are sold there. Smiths are required for shipbuilding as well as making horse-shoes and ploughshares etc. If they should be deprived of thls liberty, 'tis taking away from them that natural right, which never fell upon any people that I have heard of, except the Israelites etc. I mention this, because two severe clauses were incerted a bill, brought into Parliament, which 'tis to be feared were thrust into it by the private views of some Ironmasters, who had not consideration enough to think of the true interest of their country etc. The fondness of some people to keep in the old track, has caused them to send their emissarys about, and fill Gentlemen with notions, that if we were supplyed with boards and timber from America, our Royal Navy would thereby be deprived of a sufficient supply of masts. But the whole supply of the Royal Navy rarely exceeds 300 trees in a year for masts, and what are 300 trees out of a forest 1500 miles long etc ? Others object against our supplying our neighbouring Kingdoms with timber, alledging that if we let Portugal and Spain have timber from our Plantations, they will build ships of war, and may in time interrupt our Navigation and Trade. But if we don't supply them, the Dutch will, with as much East Country oak as they can want, which is much better timber for shipping than our Plantations produce etc., etc. There is such a propensity in the land of America to run into wood, that ground which has been tilled so long, that it would bear nothing, has within the space of 20 years been loaded with a vast number of trees, many of them about a yard and a half about, 6ft. from the ground. Timber grows there so very quick, that pine and most other sorts are at their full growth in 50 years. As to hemp and flax, the Government may save several times the amount of the bounty proposed by taking off all drawbacks upon goods re-exported to our Plantations. I could never see a reason why the subjects of Great Brittain, who have all along paid very great taxes to support the Government, and have been at the expence of Convoys to protect the Plantation Trade, should bear so much, and the Plantations who have never paid any taxes, should not pay the comon duties of linnens etc. worn in England I doubt there is a great deal of injury done to the trade of England, under cover of this drawback, for several ships, the major part of whose owners live in Holland, are loaden with linnens, threads, and other Dutch effects, the master and two thirds of the sailors being English, they come boldly to Cows or some other port in the West, and there enter their goods inwards, and re-export them for our Plantations, thus foreigners run away with our trade. The most popular allegation for continuing these drawbacks is, that we ship them off to the Spanish West Indies; but none of our colonies can pretend to any such traffick, except Jamaica, and there has nothing been done that way of late etc. The products of our Plantations being well adapted for the Portugal and Mediterranian market, proposes that Gibraltar and Port Mahon be made free ports etc. Sees no objection to supplying the French Sugar Islands with horses, provisions and lumber from our Plantations, as thereby we become the carriers of their Plantation goods and increase our Navigation etc.
Adds a few remarks on some inconveniences attending our settlements occasioned by misunderstandings between the Governours and the Assemblies. The original cause of all which I take to be this: The Governour being generally paid by them, it gives them a handle to take too great libertys: If he refuses to consent to such as they pass, it creates misunderstanding etc. If the Governour and Assembly of each Province were obliged to transmit all acts of Assembly home to England, to be approved of by the King and Council, before passed into a law, it would take away the cause of almost all the debates and quarrels that have happened, and prevent the passing a great many laws that are prejudicial not only to the inhabitants of the Plantations but even to those of Great Brittain. When parties run high, we see they have power enough to make laws for persecuting one another, as in the case of Carolina; to procure laws for a monopoly in trade, adapted to the purposes of particular men, as in the case of the Indian skin trade in Virginia; and to make laws to destroy marriage settlements, as in the case of Rebecca Richardson in Pensilvania; to make laws to lay a duty of tonnage upon all English shipping, or upon ships built in the Plantations, the major part of whose owners dwell in England; which laws I am informed are not onely in force in Pensilvania, but New England, and some other of the Provinces, to the very great discouragement of the Navigation of Old England. Endorsed, Recd. 27th Oct., Read 8th Nov., 1721. Torn. 10½ pp. [C.O. 323, 8. No. 25]
Oct. 27.
Custom ho., London.
699. Mr. Carkesse to Mr. Popple. Encloses following. Upon No. v., the Commissioners of Customs are of opinion it would be for the ease of trade and prevent disputes which may happen between officers and merchants, if the fees were accordingly settled. But they doe not think the appointing officers at Newfoundland will answer the end proposed, till a regular Government, and a Court of Admiralty be settled there. Upon No. ii., enquires whether a Court of Admiralty be as yet fix'd at Nova Scotia. Signed, Cha. Carkesse. Endorsed, Recd. 2nd Nov. 1721, Read 25th May, 1722. 2 pp. Enclosed,
699. i. James Menzies, Judge of the Admiralty, N.E., to H.M. Commissioners of the Customs. Boston, N.E., 25th July, 1717. Repeats his Memorial of Aug. 10th, that the jurisdiction and Courts of Admiralty in the Massachusetts Bay, New Hampshire and Rhode Island, are mightily incroached upon by the Judges of Common Law constituted by the authority of the people in this country (except those of New Hampshire who are constituted by the King) and thereby the contravening of the Acts of Trade is encouraged, threatening damage to the trade and manufactures of Great Brittain, and in particular to the woollen manufacture etc. The Judges of the Common Law frequently prohibit the execution of decrees pronounced by me in consequence of the Acts of Trade etc. Instances given etc. Signed, James Menzies. Same endorsement. Copy. 3¾ pp.
699. ii. Hibbert Newton, Collector of Nova Scotia, to H.M. Commissioners of Customs. Anapolis Royal. July 23, 1718. Here has been a considerable fishery carried on this year, and I believe our Colony affords one of the finest in the world out of which New England reaps great benefit for returns both to Europe and the West Indies etc. We require in return for what our Colony produces, such commodities as are a great advantage to Great Britain vizt. woollen and linnen manufactures haberdashery and cutlery wares which at present we are supplied with from Boston and do take all the care imaginable that the European commodities are lawfully imported from Great Britain by the produce of a cocqt. from the Custom ho. in Boston for the want of which I made a small seizure etc. As here are no Courts of Admiralty yet fixed I have taken security till the tryall, etc. The goods I seized were upon freight etc. The owners think it a very great hardship, that the sloop should answer for the master's ignorance etc. Copy. 1 p.
699. iii. Mr. Armstrong, Collector, Piscataway, to the Commissioners of H.M. Customs. Custom ho., New England. July 19, 1720. I received your letter dated 31st Oct. last but on the 8th instant wherein your Honours desires from time to time to be informed what manufactures of woollen and linnen are begun and carried on in my district. New Hampshire have made but little improvement in their woollens by reason for many years past they have altogether gone upon lumber, Navall Stores etc. But within this three years past there is about 500 Irish Familys come over and settled in and about this province who has put the inhabitants here upon improving and making linnen fit for shirting and sheeting and will do the same in the severall Colonys wheresoever they settle (both as to linnen and woollen). Refers to report and proposals by himself in 1709. Continues: It would have been of great advantage to the Crown to have had our Navall Stores from New England in exchange for our own woollen manufactures, which was proposed severall years agoe by Sr. Mathew Dudley and others. But since that matter met with such various sorts of obstructions at home and being so often and to no purpose recommended and earnestly sollicited by gentlemen sensible of, and for the true interest of England, had that matter been then obtained it would timely have prevented the severall Colonys from raising and improving their woollen manufactures which they have now brought to great perfection both as to goodness and quantity. Several thousand poundsworth of stuffs and druggetts, made in the severall Colonys are sold in the shops at Boston. And since New England is capable of producing 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, that I presume in a few years they will set up for themselves independent from England. In 1717 I made a seizure of a sloop load of wooll, imported from one Plantation to another contrary to the Act of 10th and 11th K. Wm. and the same was adjudged a lawfull seizure and the wool and vessel condemned according to law and a decree given for sale of the same. Upon which the Courts of Common Law here entred a prohibition agt. the Judge of the Admiralty not to enter upon such actions (as not being cognizeable) in his Court. So by this means all our suites will be stopt if these prohibitions be allowed, for its only from the jurisdiction and authority of that Court the officers can be supported for H.M. service. I am humbly of opinion that there is an absolute necessity of having that Act more fully explaind 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 Colony to another, which will unavoidably enable them to make greater quantities of woollen manufactures. The greatest stocks of sheep are raised to the southward vizt. in the Massachusetts Goverment, Rhoad Island and Connecticut, and I am credibly informed there is upon three or four islands belonging to these Governments above 30,000 sheep besides the vast quantities upon the maine and that the wool from these Islands is yearly transported to the severall Colonys to be manufactured to the great disadvantage of Great Britain etc. Signed, Ro. Armstrong. Same endorsement. Copy. 3 pp.
699. iv. John Jekyll, Collector, Boston, N.E., to Same. Aug. 19th, 1720. Reply to enquiries of Oct. 30th. As for the woollens the countrey in generall make it for their own use and weave it commonly themselves, there are some fulling mills and not far from hence are made good druggetts cambletts and serges which are sold to the shops in this town and wore by the meanest and labouring part the tradesmen and mechanicks commonly appear in the produce of Europe. As for the linnens the peasants generally wear what they call homespun, wch. is made of cotton and linnen, and lately some hundreds of familys from Ireland are settled at the Eastward which make very good linnens and diapers. As for the encouragment I only observe this being a Charter Goverment and except our Governour himself, the whole Councill and Assembly are natives of New England and are very willing and inclinable to think themselves independent or at least capable of being so. Signed, John Jekyll. Copy. 1¼ pp.
699. v. Extract of letter from Mr. Heathcote, late Surveyor Genll. of the Northern Continent of America. That a table of fees be established upon one equal foot for all H.M. Custom houses on this Continent wch. would put an end to all disputes of that sort and which are chiefly in the Charter Governments, where all officers of the Crowne are look'd upon as a nuisance. That Customhouse Officers be establish'd at Newfoundland that being a door by which abundance of forrn. manufactures and other illegal trade is let into all H.M. Plantacons, not only on this Continent but the West Indies. Same endorsement. Copy. ¾ p. [C.O. 323, 8. Nos. 29, 29. i.–v.]
Oct. 27.
St. James's.
700. H.M. Warrant granting leave of absence from Montserrat to Lt. Governor Talmash for 18th months. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 81.]
Oct. 27.
St. James's.
701. H.M. Warrant for the use of a new (silver) Seal of South Carolina, the old (leaden) to be defaced and returned as usual. Countersigned, Carteret. Copy. [C.O. 324, 34. pp. 78–80.]
Oct. 28.
Council Chamber, South Carolina.
702. Council of S. Carolina to the Council of Trade and Plantations. The Journals of both Houses of Assembly, the laws there past, and other papers wch. Mr. Lloyd will have the honour to deliver you, and a very great part of our time having been taken up in disputes and setling the Custom House and Court of Admty. affairs, that the Acts of Trade may be duely observed, to prevent the said Court of Admty. and Officers of the Customs from setting up an independant jurisdiction and power from that of the Government which they have pretended to, while we humbly presume it our duty to inspect their behaviour pursuant to H.M. Instructions to the Governour. This, together with the great want of clerks to transcribe papers are the reasons we would not now send yor. Lordps. the Journalls of the proceedings of the Council, how farr we have complyed with H.M. instructions, the names and characters of those H.E. has honoured by appointing members of H.M. Council and of such as may be proper to fill their places in case of their death or absence etc. and many other papers, which we hope to do by Mr. Yonge, who being deteined by the indisposition of his family we expect will embark for England by the next safe and good opportunity, and fully sattisfy yor. Lordps. in what Mr. Lloyd may be now difficient. The country at present enjoys a perfect tranquillity owing to ye prudent administration of H.E. Genll. Nicholson. Desire their Lordships' good offices to him and this Collony etc. Signed, Arthur Middleton, P. Concill., Wm. Bull, A. Skene, Char. Hart, Fra. Yonge, Benja. de la Conseillere, Benja. Schenckingh, William Gibbon, Ra. Izard. Endorsed, Recd. 9th Jan., 1721, Read 17th April, 1722. 2 pp. [C.O. 5, 358. ff. 111, 111v., 112v.; and, (abstract, with notes for reply) 5, 406. p. 2.]
Oct. 28.
Whitehall, Treasury Chambers.
703. Lords Commissioners of the Treasury to the Board of Works, directing them to view the Office of the Lords Commissrs. for Trade, and to return an estimate of repairs and works there absolutely necessary to be done. Signed, H. Walpole. [C.O. 388, 78. ff, 1, 2.]
Oct. 30. 704. Mr. West to the Council of Trade and Plantations. Report upon several Acts of Jamaica, 1719–1721. Signed, Richd. West. Endorsed, Recd. 31st Oct., 1721, Read 6th Aug., 1724. 2¾ pp. [C.O. 137, 14. ff. 363–364v.]
Oct. 30.
Jamaica.
705. Governor Sir N. Lawes to the Council of Trade and Plantations. Our Assembly met on the 17th instant according to prorogation. Refers to Speech enclosed. Continues:—Altho' I had so earnestly recommended to them the laying aside all former disputes yet the first thing they enter'd upon was to reassume a dispute they had in their former Sessions which ought regularly by the Prorogation to have dropt but the spiritts of contention so far prevailed that the members who had signed the paper I mentioned in my last were ordered to withdraw from the House. From such a beginning I have but little hopes of their accomplishing anything I have recommended to them and really my Lords tis hardly possible to express the innumerable difficultys H.M. Government here lyes under it has neither mony nor credit. I myself am a year and a quarter in arrears of my salary, many poor people who have just demands on the publick lyes under great hardships for want of their mony nor do I find the Receiver Generall has as yet been able to discharge any part of Lord Hamilton's demand and I cannot flatter myself that this Assembly will reimburse the Treasury and how it shoud be expected I can support the honour and dignity of my character as his Majesty's Governor without either mony or credit I leave your Lordships to judge. I am dayly more and more convinced that there is no bringing these people to a sence of their duty but by settleing H.M. Revenue by Act of Parliament equall to the charge of the Government the necessity of this method I am perswaded must appear to your Lordships now to be absolutely necessary to be put in practice and I wait with impatience for your Lordships answer etc. The Law passed last Sessions for encouraging the better settleing the East end of this Island has hitherto had no effect and tho' I recommended to the Assembly to make such alterations as might render it of reall service and advantage to the country yet by their proceedings hitherto I don't find a disposition in them to alter or amend that Law, so that I really cannot press your Lordships to recommend the Act transmitted for the King's allowance especially when considerd that H.M. parts with more in escheats and otherwise than will answer any benefit that is likely to accrue to the country by the Act as it now is etc. Signed, Nicholas Lawes. Endorsed, Recd. 6th Jan., Read 16th Feb., 172½. 3 pp. Enclosed,
705. i. Speech of Governor Sir N. Lawes to the Council and Assembly of Jamaica, 17th Oct., 1721. Recommends the dropping of all disputes; the amendment of Act for settleing the N.E. part of the Island, renewal of Additional Duty Bill and subsistance of H.M. soldiers, and the continuance of the service of the guard sloop etc. Endorsed as preceding. Printed. 1 p. Price one ryal.
705. ii. Account of fortifications in Jamaica 25th March29th Sept., 1721. Signed, Richd. Mill, Recr. Genl. 4 pp.
705. iii. Accounts of H.M. Revenue in Jamaica 25th March—29th Sept., 1721. Signed and endorsed as preceding. 4 pp. [C.O. 137, 14. ff 96–98v., 99v., 100v., 101, 102, 102v., 103v., 104v., 105, 106, 106v.]