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Feb. 12.
Whitehal. |
646. Council of Trade and Plantations to the Queen. Representation upon petition of James Campbell. (v. June 2, 1709).
Summarise claim amounting to £10, 737 2s. 6d., and proofs adduced.
[C.O. 195, 5. pp. 193–201.] |
Feb. 12.
Craven House. |
647. Secretary of the Lords Proprietors of Carolina to
Governor Charles Craven. The Lords Proprietors recommend
to your care and encouragement Mr. Charles Love, who is going
over to Carolina and desires to settle there, etc. Signed, R.
Shelton. [C.O. 5, 290. p. 10.] |
| Feb. 12. |
648. Warrant to Richard Hughes for 5000 acres in Carolina
on payment of £100. [C.O. 5, 290. p. 11.] |
Feb. 13.
Whitehal. |
649. Council of Trade and Plantations to Lord Dartmouth.
Enclose following to be laid before the Queen. Annexed, |
|
649. i. Council of Trade and Plantations to the Queen. We
have consider'd the memorial of Wm. Penn Esq., Proprietor and Governor of Pennsylvania, (v. Feb. 2), and
have several times conferr'd with him on that occasion.
Whereupon we beg leave humbly to represent, that by
Letters Patents, March 4, 1680, your Majesty's Royal
Uncle, King Charles II, did grant the Propriety and
Government of Pennsylvania to the said Wm. Penn,
his heirs and assigns, wherein are contain'd such large,
and ample powers, priviledges, and immunities, as in our
humble opinion seem capable of being extended to the
diminution of the Prerogative of your Majesty's Crown,
from whence they were originally deriv'd. That the said
Wm. Penn has since compleated the settlement of a
considerable Colony in that tract of land in America;
and out of a desolate wilderness has rais'd a flourishing
country, from whence great benefit has accrued to this
Kingdom, by a consumption of British manufactures
from time to time exported thither, by an improvement
of navigation, and by an increase of duties paid here on
goods imported from thence, which duties have yearly
amounted to a considerable sum, as appears by the
Custom house accounts of imports from that Province.
That the said settlement having been made by the
great care and industry of the said Wm. Penn, (not
without many difficulties and hardships) and an undertaking so chargeable having been perform'd by him at
his own expence, and thro' his interest, 'tis reasonable
to believe he has very much impair'd his estate, as is set
forth in his Memorial. That the said Wm. Penn being
very uneasy under the frequent attempts that have been
made upon him, in order to take that Government out
of his hands, and under such other disturbances, and
oppositions, as he hath met with on account of its being
a Proprietary Government, he therefore declares that
he is ready and willing to surrender all the powers of
Government, wherewith he is invested, and to deliver
the same intirely into the hands of your Majesty, upon
such a consideration as may appear reasonable with
regard to what he has merited from ye Publick in
having setled the said Colony. Whereupon we humbly
offer our opinion that the revesting the Government
of Pennsylvania in your Majesty will be a benefit to
the trade of this Kingdom, and particularly that it
will tend to the establishment and maintenance of your
Majesty's more immediate authority in that Province;
to the more speedy and impartial administration of
Justice to all persons there; to a more regular
carrying on a legal trade in those parts, conformable to
the several Acts of Parliament in that behalf; to the
better security and defence of your Majesty's subjects
in that Province, and the strengthening the British
interest, upon the Northern Continent of America.
In consideration of which surrender the said Wm. Penn
by a supplemental memorial deliver'd to us, does propose
that £20,000 be paid to him within the term of seven
years, the same to be paid by equal yearly payments.
We presume your Majesty will not expect that we shou'd
give an opinion as to the reasonableness of that sum, or
that in this case, we shou'd propose a sum with regard
to the true value of the Government to be purchas'd;
the nature of Government not admitting of any rule
whereby it may be valued, as is done in other cases,
where the price to be paid, and the profit to be purchas'd,
are to be equally consider'd. Therefore whatever sum
your Majesty shal be graciously pleas'd to give to the
said Wm. Penn upon his surrender of that Government,
it is to be estimated not only as a full and ample consideration of that purchase, but as proceeding further
from your Majesty's wonted goodness and bounty on
account of his great expence in the settling that Colony,
to the impairing his estate, and of his good services
in having made that settlement, whereby the Trade
and Navigation of this Kingdom and your Majesty's
Revenue has been increas'd as beforemention'd. He
says he shou'd think himself obliged on surrendring his
Government to desire leave in all humility to recommend to your Majesty's royal protection and favour,
the people called Quakers who under him first settled,
cultivated, and improv'd that Colony, were he not so
sensible of your Majesty's great justice and goodness
that he doubts not but they will be protected in a full
enjoyment of that indulgence in religious matters, and
of all those civil rights, and priviledges, which by law
they now enjoy. We enquired of the said Wm. Penn
what might be the annual charge of that Governmt., and
what Revenue there was subsisting for the support
thereof, the yearly value of such Revenue, and for what
time granted. In answer whereunto he has inform'd
us in general that the charge of that Government is less
than in other your Majesty's Governments on that
Continent; that about 25 years ago the Assembly made
a free gift to him of a duty on goods exported and imported, which he says at that time would have rais'd
£1200 per annum; but in consideration of £600 given
to the said Wm. Penn, and for that he was of opinion,
that taxes in the infancy of a Colony wou'd cramp the
industry of the people, the said duty of £1200 was let
fall, and it has not since been reviv'd; however he does
not doubt but the Assembly will readily grant new
duties, and that as the Province is daily increasing in
numbers of people, and in trade, such duties, with the
fines of Courts, and forfeitures for illegal trade, will as
he conceives be more than sufficient for the expence of
that Government. We beg leave further to offer that if
your Majesty shal think fit to accept of a surrender of
that Government, such surrender shou'd be absolute,
and that the said Wm. Penn do thereby renounce all
right, claim or pretention whatsoever, as well to the said
Government of Pennsylvania as to that of Newcastle,
and the other lower counties, in such manner and form
as by your Majesty's Council learn'd in the law shal be
advis'd. [C.O. 5, 1292. pp. 254–261; and (covering
letter only, with autograph signatures) 5, 1233. No. 54.] |
Feb. 13.
Whitehal. |
650. W. Popple to the Right Honble. the Lord Mayor, (Sir
Gilbert Heathcote). Col. Richard Thompson, (v. Feb. 1st.) having
signifyed to the Council of Trade and Plantations, that he does
not intend to return to Jamaica, and Mr. Richard Rigby, Deputy
Secretary there, having been recommended to their Lordships as
a person fittly qualifyed to serve H.M. as a Councillor, they
desire to know whether by yourself or any other persons you have
anything to offer for or against the said Rigby's being of the
Council accordingly. [C.O. 138, 13. pp. 317, 318.] |
Feb. 15.
Whitehal. |
651. W. Popple to Josiah Burchet. Encloses, for the information of the Admiralty, extract from Governor Handasyd's
letter (Dec. 4) relating to French ships arrived in the West Indies.
[C.O. 138, 13. p. 321.] |
Feb. 15.
Custom house, London. |
652. Mr. Carkesse to Mr. Popple. The Commrs. of H.M.
Customs desire to know if the Governour of the Leeward Islands
or other Governours have a power by their patents to depute any
persons to make seizures of shipps or goods in the Plantations
imported thither or exported from thence, contrary to law, and
how far such power extends, and that you will send them an
extract of soe much of their patents as relates thereunto. Signed,
Cha. Carkesse. Endorsed, Recd. Read 16th Feb., 1710/11. ½ p.
[C.O. 323, 7. No. 8; and 324, 9. pp. 451, 452.] |
| Feb. 15. |
653. Sir T. Laurence to the Council of Trade and Plantations.
Further complaints against the Assembly of Maryland and Mr.
Bladen, Attorney General, with regard to the dues of his office of
Secretary. Signed, Thomas Laurence. Endorsed, Recd. Read
Feb. 16, 1710/11. 2½ pp. [C.O. 5, 717. No. 27; and 5, 727. pp.
228–233.] |
Feb. 16.
Whitehall. |
654. Council of Trade and Plantations to Lord Dartmouth.
Enclose following to be laid before H.M. Autograph signatures.
1 p. Enclosed, |
|
654. i. Council of Trade and Plantations to the Queen. We
beg leave to represent to your Majesty the difficulties
Governor Hunter has met with from the Assembly (of
New York of. Nov. 14, 1710) in procuring the grant of a
revenue there. The last Act of Assembly, whereby a
revenue was granted to your Majesty for defraying the
public charges of that Government expired May 18,
1709. The Governor, who arrived there in June 1710,
did on Sept. 1st in his speech at his opening the first
session of Assembly, earnestly recomend to them the
providing a fitting and necessary supply for the service
of your Majesty's Government, and that they would
take care to restore the publick credit. In order whereunto at the desire of the Assembly an estimate of the
yearly charge of that Government was laid before them;
part of which estimate they disallowed, and prepared
another estimate. On Oct. 25 the Assembly voted
2500 ounces of silver towards defraying the Governor's
necessary expences for one year; the value of which
quantity of silver he computes at little more than half
of what your Majesty has been pleas'd to appoint for
his salary. Whereupon he communicated to them that
part of your Majesty's Instructions whereby he is impowered to receive to his own use as Governor £1200
sterling a year, out of the publick revenue of that
Province, and added that he presumed they would not
dispute your Majesty's right of appointing a salary for
the use of your Governor. They struck out some intire
articles in the said estimate of the yearly charge of that
Government, and retrench'd others to less than one half,
tho' some of the members proposed, that what the
Governor had offered might be further consider'd; and
one of them having press'd it with some warmth, was
thereupon expell'd the Assembly. Afterwards on Nov.
2 they voted £1200 more, for defraying the charge of the
Government and for the security of the frontiers. On
Nov. 6 following a Bill was brought into the Assembly,
giving a power to the Treasurer of that Province, out of
the publick treasure lying in his hands (unappropriated),
to issue 5667½ ounces of silver for the use of the garrison
and other the uses therein particularly mentioned.
Which summ the Governor informs us was little more
than half of what was necessary, and very much less
than what has usually been allowed for those services.
To this Bill the Councill made an amendment, by which
the money was directed to be issued by warrant of the
Governor, by and with the advice and consent of the
Councill, conformable to your Majesty's Instructions in
that behalf and to former practice there; the Assembly
disagreed to this amendment, and there were several
confereances between the Council and Assembly, on the
subject of that amendment, without any good effect.
Whereupon the Governor found himself obliged on
Nov. 25 to prorogue the Assembly to the 1st March
next, in hopes they will then meet in a better temper.
In the meantime by this proceeding of the Assembly,
there is no provision made for the paymt. of the said
Governor's salary, or for defraying the other publick
and necessary charges of that Government; except what
may arise from the two Acts past that session for setling
an Excise on strong liquors, and for laying duties on the
tunnage of vessels and staves; all which 'tis computed
will fall much short of the forementioned services. The
Governor has informed us of what reasons some of the
Members of the Assembly give for their not providing
for the support of that Government as formerly, with
his observations upon such their pretended reasons.
They pretend that the expence of that Province, on
account of the late intended Expedition against Canada,
hath so impoverish'd them, that they are not able to
raise money to answer the usual charge of the Government: upon which the Governor observes, that the
service of that Expedition was defray'd by a land tax
(the greatest part whereof wee presume was spent
among themselves) whereas the mony given for the
charge of the Government was usually raised by duties
on goods imported and exported, and on Excise. Another
reason they give is, that the misapplication of revenues
formerly granted, hath as they alledge, brought a considerable debt on the Country. To remove that objection, the Governor proposed to several Members of the
Assembly, that a clause might be inserted in the Revenue
Bill to oblige the Receiver General to be accountable to
the Assembly, as well as to your Majesty, that such other
clauses might be added as would effectualy restrain the
Governor and Council from loading the country with
further debts by any payment to be issued out of the
Revenue. But 'tis beleived the true reason of this
proceeding of the Assembly are first, that in a great
measure some of the neighbouring Governments are
exempted from so great a charge. As to this the
Governor observes, that the Province of the Massachusets
Bay is at £20,000 yearly charge for the defence of their
frontiers, whilst those of New York are for the most
part defended and secured by your Majesty's regular
forces there. Another reason is that by act of Assembly
every Assembly man being allowed 6s. a day during the
sitting of the Assembly, the better to secure his being
chosen from time to time, he only considers the saving
of the countries money, without having any manner of
regard to the necessary services of the Government.
Lastly the Governor adds that of late a notion has very
much prevailed among those people that your Majesty
has not a power of appointing salaries out of the revenue
raised by them, and the pretended right they have
assumed to themselves, of retrenching the Governor's
salary is founded on that notion, which in our opinion
should not be countenanced. This being the state of
the difficulties the Governor has met with from the
Assembly in relation to his procuring the grant of a
revenue, as it appears to us from the Journal of Assembly
and from the Governor's letters; we beg leave to offer
our humble opinion, that your Majesty's said Governo,
be directed to represent to the Assembly, that it being
your Majesty's undoubted prerogative to constitute a
Governor of that Province with an appointmt. of such
salary as your Majesty in your royal wisdom has judged
suitable to the character, and necessary for the support
and maintenance of that Government, it has therefore
been justly displeasing to your Majesty to find they have
refused or neglected to make the like sufficient provision
for the foresaid purpose, as has been made in the time
of your Majesty's late Governors. And thereupon that
the said Governor be further directed in the most
effectual manner to recommend to them the granting
the like revenue for the support and maintenance of
that Government as has usually been granted. And the
better to induce the Assembly to comply therein, we
humbly conceive it may be proper to intimate to them,
that if they shall persist in refusing or neglecting to
provide for the necessary support and maintenance of
that Government under the administration of your
Majesty's present Governor in like manner as ye same
has hitherto been supported and maintained, they must
expect that such their refusal or neglect will give a just
occasion to the passing an Act by the Parliament of
Great Britain for granting to your Majesty the like
revenue to arise and be paid there for the support and
maintenance of that Government as has usually been
granted by Act of Assembly for that service. Endorsed,
Read March 1, 1710 (1). Autograph signatures. 6½ pp.
[C.O. 5, 1084. Nos. 44, 44 i.; and 5, 1122. pp. 277–286.] |
Feb. 16.
Barbados. |
655. Mr. Lillington to the Council of Trade and Plantations.
By the Frankland packet boat I have with great sattisfaction
recd. letters of 26th and 30th Oct., with a copie of H.M. Order in
Councill of Sept. 26, and determination of the dispute for nominateing a Treasurer etc. I have recd. a copie of the sd. order
only, and that from yr. Ldps. alone, but have recd. neither
originall or copie of H.M. Royall pleasure signified in this dispute
by my Ld. Secry. Dartmouth, though I have seen a copie thereof
in some private hands, wch. how far the Councill will take notice
of, I will not say, they being to sit tomorrow, but haveing recd.
a copie of sd. order from under yr. Ldps. cover, I shall cause all
due obedience to be given. How far the majority of the Councill,
who have been the occasion of the loss of three excise Bills, to
sattisfie their pique and prejudice against a Gentn. named for
Treasurer therein, and of so great a revenue ariseing from thence,
and thereby leaveing this Isld. exposed to the insults of a common
enimie may be thought by yr. Ldps. lyable, and deserveing of
H.M. resentment for the same I must submitt, but with your
Ldps.' leave I shall add—they had very little reason, upon my
declareing to them my thoughts in this controvercie, wth. such
heat and passion to fall upon me and charge me to H.M., and that
for discharging my trust to the best of my skill and judgment,
and 'twill be very discourageing to the performing of such duty,
when upon every difference of a Governor or Comnr. in Cheif's
opinion from the Councill he must be oblig'd to contest against
their united power and purses. Yr. Lordps. cannot be insensible
how much I have suffer'd in every respect from several members
of that Board, and though I have sacrifis'd all resentment to
duty, and our common interest, yet their inveteracy and cabals
continue the same, and I have this particular to boast of, that
though my actions are so nicely scan'd, none of them have as yet
dar'd to accuse me otherwise than of what H.M. has from yr.
Lordps.' great justice been pleas'd to approve. Encloses Minutes
of Council and Assembly, etc. Signed, G. Lillington. Endorsed,
Recd. 7th, Read 10th May, 1711. 2 pp. [C.O. 28, 13. No. 57;
and 29, 12. pp. 344–346.] |
Feb. 16.
Barbados. |
656. Same to Lord Dartmouth. Repeats part of preceding
etc. Signed, G. Lillington. 2 pp. [C.O. 28, 43. No. 50.] |
Feb. 16.
Whitehall. |
657. Council of Trade and Plantations to the Queen. Offer
the Act of New Jersey, 1709, for ascertaining the place of the
sitting of the Representatives, for H.M. approbation, as in accordance with Governor Hunter's recommendation, "no person
having appeared here to oppose it" etc. [C.O. 5, 995. pp.
138, 140.] |
Feb. 17.
Whitehall. |
658. Mr. Popple to Mr. Carkesse. Reply to 15 Feb. H.M.
Governors in the several Plantations have no power by their
Commissions to depute persons to make seizures of ships or
goods imported, or exported from, the said Plantations, contrary
to Law. There is one clause indeed which relates to the appointing
of Judges etc. wherein there is an expression general, impowering
the Gvrs. to appoint other necessary officers for the better administration of Justice and putting the Laws in execution, which
last words, (tho' they are plainly intended in another sense) may
perhaps have been interpreted otherwise. In the Governor's
Instructions which are not under the Great Seal, there is a clause
directing them to give all due encouragement to the Officers of
the Customs and Admiralty, but no mention made of deputing
persons to make seizures. Encloses copies of clauses referred to.
Besides which there is a body of Instructions to each Governor
(which have relation only to the due execution of the Laws concerning Trade and Navigation) and where some years ago prepared
by the Commissioners of the Customs. By the 8th Article
whereof the Governors are required to give charge that ships be
seized and prosecuted as is mention'd in the said Article etc. [C.O.
324, 9. pp. 452–454.] |
Feb. 17.
St. James's. |
659. H.M. Warrant granting Alexander Skeen, Secretary of
Barbados, leave of absence for the recovery of his health, he
appointing a Deputy approved by the Governor. Countersigned,
Dartmouth. [C.O. 324, 32. pp. 54, 55.] |
Feb. 19.
Whitehall. |
660. Mr. Popple to Mr. Bridger. Acknowledges receipt of
letters. Upon consideration of what the Governor of New York
and you have writ, in relation to the settlement of the Palatines
for the production of Naval Stores at New York, the Council of
Trade have laid a full state of that matter before H.M. with their
opinion that the said Palatines be subsisted for two years according to the Governor's proposal. They have likewise offer'd that
you have an increase of salary during the time you shal be imploy'd in instructing the Palatines at New York; and so soon as
H.M. pleasure shal be declar'd therein you will have notice thereof.
Upon this occasion of the Palatines, it being said by some that the
preparing the trees is not a work of time, for that they may be
prepar'd one day and cut down the next for burning, which being
contrary to the information their Lordships have formerly had
in that matter; they desire you wou'd let them have by the first
opportunity a particular account of the method of making tar,
vizt., how and in what manner the trees are prepar'd, the reason
why they are to stand two years before they are cut down, the
manner of burning the trees after they are cut down, etc. [C.O.
5, 913. pp. 330, 331.] |
Feb. 19.
Whitehal. |
661. Mr. Popple to Governor Saltonstal. Acknowledges
letters of July 3, Aug. 8. The Council of Trade will expect a
collection of the laws of Connecticut, as promis'd. In sending
which laws, you will do well if there be any amongst them, that
are of a particular nature, to explain to their Lordships the reason
for passing the same, unless such reasons be expressed in the
Preamble of the Act. [C.O. 5, 1292. pp. 261, 262.] |
Feb. 19.
Whitehal. |
662. Same to Governor Cranston. Acknowledges letter of
Nov. 15. Repeats preceding. The Council of Trade have sent to
the Commrs. of H.M. Customs what you write in relation to the
Collectors, and doubt not but what shal be thought proper will
be done therein. [C.O. 5, 1292. pp. 262, 263.] |
Feb. 19.
Whitehal. |
663. Council of Trade and Plantations to Governor Handasyd.
Acknowledge letters of Oct. 3 and Dec. 4. We have communicated to the Lords of the Admiralty what you write in relation to
French and Spanish ships at Carthagena etc., and to Capt. Gardner
what you write in relation to the Serjeant's pardon, who promised
us to send a triplicate of the said pardon by the last pacquet boat.
We are glad to perceive by your last mention'd letter that there
is so good a vent for our manufactures on the Spanish coast, and
we hope that due care being taken to prevent the irregularities of
the privateers formerly complain'd off, that trade will increase to
the advantage of this Kingdom as well as to the benefit of the
Jamaica Traders. You may expect in a short time the arrival
of the new Governor who is upon his departure from hence. [C.O.
138, 13. p. 322.] |
Feb. 19.
Whitehall. |
664. Mr. Popple to George Lillington. Acknowledges letters
etc. of Sept. 14 and Nov. 2. There is nothing in them which
requires a particular answer, their Lordships not doubting but
that by this time you have received their letter of Oct. 26, as also
H.M. directions in relation to the nominating of a Treasurer for
Barbadoes. You may expect in a short time the arrival of the
new Governour, who is now upon his departure from hence.
[C.O. 29, 12. pp. 32, 33.] |
Feb. 20.
London. |
665. Col. Tailer to Lord Dartmouth. I most humbly thank
your Lordship for giving my petition to H.M. I have since
waited upon Mr. Granvile, who assures me he has received no
directions in that matter, etc., Col. Nicholson has left me to my
great surprize, and I am att a very great expence, waiting to be
dispatcht. Prays that he may have his pay and returne to New
England by Fleet now ready to sail. Signed, William Tailer.
Addressed. 1¾ pp. [C.O. 5, 898. No. 5.] |
