|
Dec. 25. |
526. Petty expences of the Board of Trade, Stationer's account
and postage. Midsummer to Christmas. 1713. Endorsed, Jan.
20, 1713/14. 7 pp. [C.O. 388, 76. Nos. 157–162.] |
Dec. 26. Jamaica. |
527. Governor Lord A. Hamilton to the Council of Trade and
Plantations. I think it my duty to give your Lordships some short
account of the proceedings of our new Assembly, which mett Nov.
26th and satt till ye 24th inst. when they desired a recess for three
weeks, which I accordingly granted them upon ye motives they
made use of to me in their message. (Refers to Minutes of
Council and Assembly). Your Lopps. will see ye sessiones began
with a favourable aspect, and if the same temper and moderation
has not continued, your Lopps. will best judge to whom to
impute ye same from ye following facts. Mr. Brodrick Speaker
of ye late Assembly finding a mighty clamour made in ye House
against providing for H.M. officers and soldiers for one year,
as usuall, and that several members absented themselves from
ye service of ye House on that pretence, came to me with some
others of ye well disposed members and proposed for an expedient
that ye title of ye sd. Bill should be, for raising a fund to provide
an additional subsistance for H.M. officers and soldiers now in this
Island under pay from Nov. 1st, 1713—May 1st, 1714, if ye Regiment here in pay shall so long continue in this Island, and from May
1st, 1714 to Nov. 1st, 1714, for the paying of and discharging the
arrears of subsistance which through ye falling short of ye fond raised
for ye purposes aforesaid remain due and unpaid. To which I
at last consented, believing this overture might have given satisfaction to ye most prejudiced member of that House; however
it had no such effect, for neither by this nor any other means they
could be brought to a moderate temper, which occasioned their
dissolution. Mr. Brodrick being afterwards with a good deal of
opposition chose a Member for this present Assembly, but
finding ye rest of ye elections not answering his expectations,
he thereupon disqualify'd himself from sitting in ye House, and
as soon as ye Assembly mett came to me and resigned his patent
for Attorney Genll. and all other offices of honour and trust
he enjoyed in this Island, which upon his pressing instances I
thought fit to accept. The Assembly afterwards ordered several
persons to be taken into ye custody of their Messenger for having
shown ye title of ye intended Act above mentioned, at ye elections,
amongst whom were Mr. Brodrick and ye late Clerk of ye Assembly. Refers to Journal of Assembly. The mighty bussel ye House
makes there about a paper of ye propper hand writting of Col.
Brodrick, was nothing els then the title of ye Act above-mentioned,
which they have not thought fit to enter in their Minutes, tho'
they have said in these words vizt.—Several of H.M. subjects
were keept a considerable time in custody of their Messenger about
this paper; but were at last discharged paying pritty exorbitant
fines, under ye name of fees. I am perswaded your Lopps. will
be pritty much surprized at ye reading of their Minutts on ye
inclosed printed paper, which was most industriously handed
about at ye elections; I shall not trouble you with any observations on the sd. paper, or the Minutts of ye House in relation to it,
but leave ye same to your Lopps.' better judgements. Upon ye
Assembly's insisting on a right to view the fortifications, I
consented they should be admitted to view ye same; but in
ye manner your Lopps. may observe (Journal of Council). In
p. 30 your Lopps. will observe a very extraordinary message
from ye House to ye Council in relation to Major Cooke. The
answer given to it I hope will be intirely satisfactory to your
Lopps. Your Lopps. will find in page 32 and 33 ye hard treatment Mr. Brodrick has mett with from this Assembly, they
having had no manner of proofe whereon to ground ye oppinion
they their gave of him. On the contrary Mr. Brodrick had been
attacked by one Mr. Pughe, in which accusation every thing
was sett forth that his enemys could alledge against him; but
he was honourably acquitted of each article of ye sd. charge
before myself and ye Council, nim. con., besides my Lords after
what I had signify'd to them of his having resigned all ye offices
of honour trust and profitt he enjoy'd in this Island, the instruction they gave immediatly afterwards (p. 35) to their Committie
is in my oppinion pritty extraordinary. As is likewise their
message to me (p. 36) in relation to their taking upon themselves
(without first making due application to me) to order some of their
members to view and number H.M. Regiment here; but upon my
answer they sent a message (p. 38) which in express words contradicts their former. In p. 40 your Lopps. will perceive an Address
agreed to by ye Council and Assembly to H.M., against an
exclusive trade to Affrica, which they press'd me to have join'd
with them in; but I told them as in p. 38 that I was of oppinion
ye said Address would do them no manner of service, all that could
be said on that subject having been allready represented fully,
therefore I would not concurr with them in it, and hope in due
time to receive your Lopps.' approbation for soe doing, especially
ye Assembly not having addressed H.M. upon ye happy conclusion
of the Peace, which I hoped would have been ye first address they
wou'd have desired me to concurr with them in. It remains only
for me to give some accot. of ye Bills which ye Assembly have
past, and sent up to ye Council, etc. As to ye Bill for quieting
possessions, the Council have made some amendments to it,
which I hope will make ye same not lyable to any of the objections
of ye Attorney Genll. as formerly. The soliciting Bill is short;
but in my humble oppinion contains a great deal, it altering
intirely the constitution of this Government, and lodgeing ye
power in a juncto of 3 of ye members of their own House. Your
Lopps. may be assured I have too much zeal for ye support of
H.M. authority ever to pass that Bill as it now is, or any other
fram'd after that plan. The Bill allready sent home for separateing ye offices, has either obtain'd H.M. allowance, or it has not,
if it has, then this new Bill is unnecessary, and if it has not I
conceive it irregular to pass a new law till H.M. pleasure is authentickly known on ye former; but if that should proove to be a
disallowance, it is then undutifull, to importune H.M. without
new matter and reasons, which they have not shown in their new
Bill. The Bill for raising an additional subsistance to H.M.
officers and soldiers, is ye only one I have as yett past; they have
retrincht ye officers. However I thought it expedient to consent
to ye same before ye adjournment. I hope your Lopps. will
excuse wherein I have been defective in this accot., having but
just as ye sessions opened got out of my bed from a severe fitt
of sickness, and have continued very much indisposed ever
since. Signed, A. Hamilton. Endorsed, Recd. 22nd Feb., Read
16th June, 1713. 8 pp. Enclosed, |
527. i. An account of the greivances of Jamaica, touching the
multiplication of offices, in the person of Mr. Richard
Rigby. Quotes Act to prevent any one person from
holding two or more offices etc. and the proceedings of
Messrs. Aylmer Beckford and March in connection
therewith. v. supra. Endorsed as preceding. Printed.
7½ pp. |
527. ii. List of Bills passed and sent up by the Assembly of
Jamaica, Dec. 1713. Same endorsement. 1 p. [C.O.
137, 10. Nos. 50, 50 i., ii.; and (without enclosures)
138, 14. pp. 110–118.] |
Dec. 26./Jan. 6. Fort Kykoverall, Rio Essequebe. |
528. P. Vanderheyden Rézen to the Directors of the Dutch
West India Company. Signed, P. Vanderheyden Rézen. 9
closely written pp. Dutch. Enclosed, |
528. i.–vi. Lists of requirements, accounts etc. Dutch. [C.O.
116, 21. Nos. 10, 10 i.–vi.] |
Dec. 29. Queen's Bench Rules. |
529. Jeronimy Clifford to Mr. Popple. Encloses following,
and owing to want of money begs to be allowed to do his business
without a solicitor, etc. Signed, Jer. Clifford. Endorsed, Recd.
30th Dec. 1713, Read April 14th, 1714. 1 p. Enclosed, |
529. i. Jeronimy Clifford to the Council of Trade and Plantations. Dec. 29, 1713. Mr. Atkinson presented my petition to the Queen through Mrs. Marsham, I am directed
to apply to the Lds. Commrs. of Trade, etc. Encloses
following and prays for relief, etc. Signed, Jer. Clifford.
2¼ pp. |
529. ii. Petition of Jeronimy Clifford to the Queen, Jan. 5th,
1713. Prays for H.M. effectual orders for his relief in
his claim against the Society of Surinam, according to
Order in Council July 9, 1705 (q.v.). Signed, Jer. Clifford.
1 p. |
529. iii. The case of Jeronimy Clifford. Printed, March 26,
1711. 32 pp. |
529. iv. Abridgement of preceding. Signed, Jer. Clifford.
30 pp. |
529. v. Account of money due from the Society of Surinam to
Jeronimy Clifford. Dec. 29, 1713. Signed as preceding.
5 pp. |
529. vi. An account of Mr. Clifford's proceedings in the case,
to Feb. 16, 1697. Signed, Jer. Clifford. 31½ pp.
[C.O. 388, 76. Nos. 164, 164 i.–vi.] |
Dec. 29. Virginia. |
530. Lt. Governor Spotswood to the Council of Trade and
Plantations. It was with great satisfaction that I received some
days ago by the way of New York, the honour of your Lordps.
of the 27th Aug. 1712, April 23rd, July 15th and 20th, 1713,
which give me the pleasure to find my administration approved
by your Lordps. The General Assembly of this Colony which
was sitting when I writt last to your Lordps. broke up the 12th
instant, after having concluded their session in such manner as
I hop'd for from the promising beginning they made. Time will
not permitt me to send by this conveyance the Journals and Laws;
I shall therefore confine this letter to the subject matter of two
Acts pass'd this session (copys inclos'd), which are not to take
place till a twelve moneths hence. The Act I now send, declaring
what shal be accounted a sufficient seating, planting and cultivation
of land, etc. is almost the same with that draught I sent your
Lordps. last year, and which your Lordps. were pleased to
approve as well suited to the circumstances of this countrey. I
shall here mention the several additions to this Bill, which I hope
will be judged equally reasonable. That part of the Act, which
allows two thirds of all lands heretofore surveyed to be accounted
barren, and one third only plantable will touch very few tracts;
for as the conditions of seating and planting mentioned in former
laws upon which all patents issued before my coming into this
Government, were much more easy, this regulation will only
extend to the few tracts granted since my Proclamation, wherein
the proportion above mentioned may be look'd upon as generally
agreeable to the truth of the case; and if new surveys had been
directed (without which the quantity of each kind of land could
not be known, nor inserted in the patent) it would only have
proved burthensome to the people, without any advantage to
H.M., or answering better the intent of the Instruction. The
indulgence granted by another clause of this law to the persons
who took up and surveyed lands before H.M. Instructions were
publickly notify'd, was absolutely necessary for quieting the
minds of those people, who thought their rights and the constitutions of the Government invaded by refusing them patents
upon the terms of the laws in force at the time of making their
surveys; and many perswaded themselves that if it came to be
disputed before a Court of Judicature, those lands must have been
determined to be their right: but now the allowing them two years
more after the date of their patents for making the cultivation
and improvement required by this law, has given them all entire
satisfaction, and I'm well assured will prevent all future uneasiness
in the country about the new terms of granting lands; a benefite
wch. ought to outweigh the small favour granted them by this
Act. The draining of marshes, swamps, and sunken grounds, is
by this Act made one kind of improvement, and is like to occasion
a considerable benefite to the Crown as well as to the subject.
Hitherto those kinds of ground (of which there are here great
quantitys) have been neglected and made only a range for cattle
and hoggs of the neighbourhood, no man pretending to patent
it, or to be at the expence of paying quitt-rents for the same: but
now that the draining thereof is declared to save a proportionable
quantity of high lands, people will thereby have the oppertunity
to discover that such grounds once drained will become both for
planting and pasturage the most valuable land in the Colony, but
which means it will come to pass, that all that sort of land will be
greedily sought after and taken up, and in a short time well cultivated and the quitt-rents duly paid, tho it now yields no profite
either to the Queen or the subject. By this law also persons
taking up land and being unable to comply with the cultivation
required by their patent, are not (as formerly) to lose their whole
tract, but only so much as they have not made an improvement
sufficient to save. This seems very just, that a man who has done
his endeavour to save his tract of land by considerable improvements, should not for default of cultivating, perhaps only half
an acre, less than his complement forfeit his whole land with all
his improvements to any one that should be so malicious to informe
agt. him: so that I hope this part will meet with no objection,
especially if your Lodps. will be pleased to observe this proviso
contrived on purpose to follow immediatly after this clause,
explaining what seem'd doubtfull in the former laws, that all
lands whatsoever are now lyable to be forfeited for non-payment
of the quitt-rents. This is the substance of the several alterations
and additions in this is law and the reasons upon which the same are
founded. It remains that I beg your Lordps. will be pleased to
lay the same before H.M., that I may receive the signification
of H.M. pleasure thereupon as soon as may be, because I find
people are willing to delay the taking out their patents till they
see the event of this law. I gave your Lordps. an account
in my last of some preparatory steps towards the Act (herewith
sent) for prerenting frauds in tobacco payments. After the many
discouragements which that trade laboured under both here and
in Great Britain it was necessary to enquire from what root so
many evils did proceed: This has been judged, to be owing to the
ill management of tobacco here; many people making it for no
other end than to pay off debts and levys, for which purpose
they think it good enough, how mean soever it be; and others
making such a sort as several of the outport traders in Great
Britain most eagerly seek after (especially of late) and seing
housesweepings and the worst of trash is a sort too, which they
come hither to purchase, and that they have been known to pour
salt water upon such tobacco so soon as they have gotten it on
board, it may be reasonably suspected that what they carry hence
rather diminishes than increases the duty at the Customhouse,
and serves for no other use than vile practices, whereby the staple
commodity of this country has been brought into disesteem and
the marketts thereof entirely ruined in Europe. This law
therefore by obliging all planters to have their tobacco view'd by
a sworn officer, in the manner your Lordps. may observe more
fully from the several parts of the Act, has made provision
against the exportation of all such trash as is said to be allowed
by the Customhouse officers in the outports as damaged tobacco,
and thereafter frequently re-exported with the benefite of the
drawback; and thus it is hop'd the reputation of Virginia tobaco
may be retrieved, when none but such as is found to be worth
paying the duty at home, shal be sent to the forreign marketts.
It has likewise very justly provided against the passing bad
tobacco in any manner of payments within this Colonoy, so that
H.M. quitt-rents, officers sallarys, and all the publick credit will
hereafter be raised, by so much as is the difference between trash
and good tobacco: for as I have before remark'd, it is the general
notion of the country that the worst sort is good enough for these
purposes. Besides the convenient method that this Act establishes
for the making all payments by the Agents' notes, which are to
pass like Bank-bills, will give an oppertunity to collect the
quitt-rents at a cheaper rate than hitherto they have been. The
main design of the Port Act, which was recommended to my
predecessor Governor Nott to endeavour to gett pass'd, is I
presume compassed by this Act; since that ships will by means
thereof be hereafter loaded in half the time they are now, and that
the Collectors and Naval Officers may certainly know to a hogshead the tobacco that is shipd home to Great Britain, and to a
pound that which is exported for the Plantations. What I have
had at heart, and what I have in a former session in vain attempted
vizt. to make the benefices of the Clergy more valuable, and the
collecting their incomes more just and easy to them, to the end
good and able Divines might reckon it worth their while to come
over to supply the churches here, and that they might not be
diverted from their studys, as several now are, by running up and
down their parishes to gather in their sallary tobacco; this, I
say, is by this Act effectually obtained. Hereby I have in a great
measure (I think) cleared the way for a Governor towards carrying
any reasonable point in the House of Burgesses; for he will have
in his disposal about fourty agencys, which one with another
are likely to yeild nigh 250l. per annum each; these, my intentions are to dispose of among the most considerable men of the
Colony, and principally to gratify with a place, all the members
of the Assembly who were for the Bill: by this means the staple of
tobacco will have a better security for its perpetual establishment
and constant encourgement than any other manufacture; and
the propositions of several countys, which are frequently used to
be presented to the House of Burgesses for the setting up other
manufactures, will not be so favourably heard in that House,
when the majority of its members shall be engaged by their
interest to advance the making of tobacco chiefly, besides in
aiming at this law, I had in view (for I must own myself not only
to be principally concern'd in framing the Bill, but even from the
beginning the sole author of the scheme) to put a check to some
dishonest courses in tobacco payments, which by use were grown
so habitual and general, that it was to be feared at long run,
there would scarce be found men in Virginia who durst make a
law to prevent those fraudulent dealings; and I was apprehensive
of ill consequences, if the vulgar's standard of right and wrong
prevaild any longer: for there are a sett of people whom all
the meaner sort of planters cry up for honest men, for lovers and
patriots of their country, and for friends to the poor, and this
general character often setts them up for candidates in the election
feild (where the votes and humors of the lowest mobb do at present
decide who shal be the Representatives in Assembly) and also
recommends them for tobacco Receivers to merchants and masters
of ships who come hither to purchase that commodity: but a few
years observation has made me perceive that the vulgar in these
parts reckon him only the honest man who inclines to favour their
interest; he is the lover of this country who in all controversys
justifys the Virginian, and in all dealings is ready to help him to
overreach the forreigner; hee's the patriot who will not yeild to
whatever the Governor proposes, and can remain deaf to all
arguments that are used for the raising of money; and lastly
him they call a Poor man's friend, who always carrys stillyards
to weigh to the needy planter's advantage, and who never judges
his tobacco to be trash. Of this sett of people there was such a
number in the Lower house, that it was with some address and
great struggle the Bill was gott to pass there; for tho their
understandings be not above the levell of their electors, and that
they could not advance one solid argument against it, yet they
readily discovered that this Bill was to cutt them out of their
popular interest and profitable way of living, and thereupon they
opposed it most violently with their Nays. Except this last sort
of man with their dependants there are scarce any within this
Government, but who rejoice at this new law; and your Lordps.
may be assured that a very fair scene of benefits is opened to the
people here, when the whole Council and all the sensible members
of the Lower House unanimously laboured to carry this extraordinary point. I cannot foresee that any objection can be made
at home to this law, unless that some may possibly say, that the
navigation will be lessen'd by not shipping all the tobacco wch. is
made, and that it seems to take off some hands from planting,
who may perhaps fall upon the British manufactures: to this
I answer that it plainly appears by the Naval Officer's books that
of late years, ever since trash has been so abundantly exported,
to the ruin of the marketts in Europe, the number of hogsheads
shipt off has been less by some thousands; for it is well known
here that the considerable crop-masters who are able to cloath
their familys by what substance they happen to have beforehand
in Great Britain, will not drudge on with all their hands at
tobacco, when it does not yeild a living price, but employ them in
other services, and wait till the markett rises again, besides too
the natural consequences of this act will be that hogsheads will
not exceed the lawfull standard, that they will be less pressed,
and that the tobacco will be less stem'd, whereby the number of
tunns must encrease. And as to the rest of the objection, if it
should prove true, that any hands fall off from planting, tis
evident enough they must be those of the careless idle planters from
whom the British manufactures are in less danger than from the
carefull industrious planter, if he should be necessitated to take
some other course to cloath his family than by making tobacco.
I have, My Lords, been the more particular in my observations
upon this Act because it is looked upon to be the most extraordinary
one, that ever pass'd a Virginia Assembly, and such an one as those
persons to whom I first communicated my thoughts and to whom
the temper of these Assemblys are well known, believed I could
never have compassd. I hope your Lordps. will be so well satisfy'd
with the honest design of it, and the advantages which in all
probability will arise thereby, that it will meet with your Lordps.'
approbation, so that it may be put in execution, according to the
time it is to commence. I shal not now trouble your Lordps.
with the detail of the other proceedings of the Assembly, untill
I can send the Journals with the other laws and my observations
thereon, wch. I hope to do in a short time, together with the
progress of the Treaty with the Tuscoruro Indians, and the new
project for securing our frontiers which I'm in great hopes to
accomplish this summer; the Assembly having left it entirely
to my management and at the same time impowered me to dispose
of a considerable fund both of money and tobacco as I shal
think necessary for that service. They have likewise placed a
further confidence in me, by allowing me without any controul
to finish the Governor's house, and by agreeing that without
limiting the sum the charge thereof shal be paid out of the dutys
on liquours and slaves. But, My Lords, to gain this trust I have
first given them several prooffs of my faithfull and thristy management of the publick funds, and they know that for carrying
on the work of the House in the cheapest manner, I am already
in disburse the last sum they appropriated which was 900l.,
and that without interest: and the funds being so far anticipated
for other urgent occasions, that it will be a considerable time before
I can be repaid, or any more money received for finishing this
work. I hope your Lordps. will therefore judge it reasonable
that my house-rent be continued, etc. Signed, A. Spotswood.
Endorsed. Recd. 13th Feb., 17 13/14, Read 3rd May, 1716. 7 ¾ pp.
Enclosed, |
530. i. Copy of Act of Virginia, 1713, declaring what shal be
accounted a sufficient seating, planting, cultivating and
improving of lands already granted or hereafter to be taken
up and patented. Same endorsement. 5 pp. |
530. ii. Copy of Act of Virginia, 1713, for preventing frauds
in tobacco payments; and for the better improving the
staple of tobacco. Same endorsement. 14 ¼ pp. [C.O.
5, 1317. Nos. 20, 20 i., ii.; and (without enclosurs) 5,
1364. pp. 276–202.] |
Dec. 31. Custome house, London. |
531. Mr. Carkesse to Mr. Popple. Encloses following. The
Commissioners of the Customs desire copies of accounts sent from
Virginia concerning that matter, etc. Signed, Cha. Carkesse.
Endorsed, Recd. Dec. 31st, Read Jan. 7th, 1713 (14). Addressed.
1 p. Enclosed, |
531. i. Extract of letter from Edwd. Hill, Collector in the Upper
District of James River, Virginia, Oct. 15, 1713. Of late
the out-ports have directed their agents here purchasing
tobacco to receive none other than trash, discouler'd
and unmerchantable etc. 'Tis now no longer a mistery;
such discoloured tobacco when it comes for England or
North Brittain is all allow'd for damage and so no
custome paid in. Refers to Memorial of Council of
Virginia, etc. Singed, Edwd. Hill. 1 p. [C.O. 5, 1316.
Nos. 101, 101 i.; and (without enclosure) 5, 1364, p. 15.] |