|
Nov. 3.
New York. |
738. Governor Hunter to the Council of Trade and Plantations. Abstract. Acknowledges letters. As to the badness of
pitch and tar exported from the Plantations, no remedy can be
applied till the Assembly meets next spring. Will follow the
Solicitor General's opinion concerning licenses for whale-fishing.
Acknowledges Commission for pardoning pirates, which he is
afraid will meet with bad returns, "for we have found by experience that their money spent and no merchant willing to employ
them, they generally return to their former course of life." The
Province and Legislature are under the deepest obligations to the
Board for transmitting the caveats lodged with them against the
Act for payment of the remainder of the publick debts. Explains
and defends said Act, and encloses Council's answer, and also
Assembly's Address, upon Address of Grand Jury against the bill
(cf. 7th Aug.). "A few merchants here with those over whom
they had any influence have formerly and will ever hereafter
oppose and obstruct as much as in them lies all acts for support
of Government although it is self evident that all this time our
credit is higher and our trade more considerable than formerly,
as your Lordships may observe from the Naval Officer's account.
We have heard with pleasure of Sir George Byng's success against
the Spanish fleet they have indeed been making war upon us of a
long time as your Lordships will observe from the Assembly's
address" enclosed. The Provincial Agent will lay the papers
relating to the seizure referred to before the Board. Encloses
acts passed the two last Sessions, none of which require any
observations. By one the inconveniences complained of in the
Revenue acts are removed. But, for reasons previously stated
(July 7th etc.), asks, on behalf of the Legislature and people, for
H.M. permission to make good the deficiencies that will be caused
by said act, by passing an act laying a duty of 2 p.c. on all dry
goods directly imported from Europe, which being on the prime
cost does not amount to one per cent. and is in reality paid by the
purchasers themselves, for without this the wisest men cannot
devise funds sufficient for the future support of the Government.
Encloses Minutes of Council and Journal of Assembly, and
recommends to the Board's consideration the Address of Assembly
relating to the Revenue acts. Concludes:— "And when you have
reflected on the former difficulties in setleing any Revenue at all
and the consequences that may attend the obstruction of a future
setlement I cannot perswade my self that your Lordships can
think that the clamours of a few self interested men avowed
enemies to all such setlement can have force or weight to overbear the joint opinion of H.M. Councill here the Representatives of
this Province and the whole body of such as are known to be well
affected to his person and Government. The affairs of the
Jerseys require no separate letter all continues there in perfect
tranquillity that Assembly which was to have met at this time
is adjourned to the beginning of January by reason of their
Courts of Justice which sit in this and next month in the several
Counties." Set out, N.Y. Col. Docs. V., p. 520. Signed, Ro.
Hunter. Endorsed, 17th Dec., 1718, Read 23rd April, 1719.
6½ pp. Enclosed, |
|
738. i. Memorial of the Governor and Council of New York
to the Council of Trade and Plantations. Reply to
caveats against the Act for payment of public debts etc.
It is with no small concern we find a number of strangers
to the Province very little interested in the trade of it
become the advocates of a few male contents here and
arraign the whole Legislature as the vilest of persons.
We hope a libel against the Legislature founded only on
imaginations and suspicions may be dismist with such
a rebuke as will discourage such attempts for the future,
etc. Their preamble consists of gross prevarications
and misreprsentations. First they set forth that the
debts accrued but since 1698 and that they were stated
by the Commissioners at £19,000, and that by claims
comeing in afterwards with what was added by this
board they were found to amount to £27,680, which was
paid by an Act for that purpose. But that it was
declared at the passing of that Act and inserted into
the preamble of it, that that Act should not serve as a
president for any like bill for the future. The truth is
very different. The debts began as far back as 1687,
and were stated by the Commissioners at £36,482 13s. 1¾d.,
nor was there any such declaration as they say in any
part of it, nor is it to be thought reasonable that the
Legislature would make any such declaration as would
intemedate the people and be a means of their denying
a credit to the Government when there was occasion for it.
Continue:—They represent the Act now complained of
as a piece of private managery and that the Assembly
took all the care they could to make it so by not printing
their votes. This is a very wicked as well as rediculous
representation for tho' it be true that the votes were
not printed (owing to the negligence of the printer,
there being a standing order for that purpose and sheets
of votes were carried by the clerk of the house to him
for that end), yet the procedings were not less publick,
for on Aug. 24th 1716 there was an order of the General
Assembly to certain persons therein named to receive
the several claimes and report them at the next meeting of the house these persons sat publickly all the
following winter and part of the next summer etc.
Some of the Grand Jury who gave rise to this representation solicited that Assembly for debts and had
them etc. It is rediculous to make the pretence of
privacie when anybody for a small value might have
from the Clerk every night a coppy of the votes of the
foregoing day etc. If the addressors were realy concerned
for the precariousness of the funds, they might have
applied to us before whom the bill then was. The
reasons for enacting the bill are in the preamble, which
we humbly offer as reasons sufficient etc. The true
reason for the clamours against the Act is because those
men were paid who appeared so early on the side of
the Revolution etc. Answer objections in detail. Cf.
June 4th, 1719. Conclude:—The Act has the just
relief of many persons and the credit and service of the
Government for its foundation: the repeal of it will be
attended with dangerous consequences etc. Signed,
Ro. Hunter, A.D. Peyster, R. Walter, Gerard Beekman,
Rip Van Dam, John Barberie, Th. Byerly, John Johnston. Endorsed, Recd. 17th Dec., 1718, Read 22nd,
23rd April, 1719. 15 pp. |
|
738. ii. Examination of Denis Downing before the Council of
New York, 31st Oct., 1718. He signed the address
against the passing of the Act for payment of debts
without reading it, because desired by Samuel Barker
and others in a coffee-house in London in April last
etc. Signed, Denis Downing. Endorsed, Recd. 17th
Dec., 1718, Read 23rd April, 1719. Copy. 1 p. |
|
738. iii. Affidavit by Gabriel Ludlow, Clerk of Assembly of
New York, 31st Oct., 1718. Confirms No. i. as to
printing of votes etc. Signed, G. Ludlow. Endorsed
as preceding. Copy. 1 p. |
|
738. iv. Minutes of Assembly of New York, 29th Nov. etc.
1717. Address to H.E. ordered upon the representation
of the Grand Jury etc. Copy. 1 p. |
|
738. v. Address of the Assembly of New York to Governor
Hunter, Dec., 1717. We thank you for communicating
to us the representation of the Grand Jury. We join
with them in acknowledging that to your just, milde
and prudent administration is very much owing the
flourishing circumstances wee now are in etc. We are
very much concerned to find a number of men some of
which makes so considerable a figure in our trade to be
endeavouring (but wee hope not intentionally) the
distruction of that creditt which is so very much their
interest to preserve etc. If the fonds are precarious the
Royall assent will not make them less so etc. They are
the same funds that support the Government, and the
credit of those very bills now currant which has so much
raised the character and interest of the trade of this
place etc. Same endorsement. Copy. 2½ pp. |
|
738. vi. Address of the Assembly of New York to Governor
Hunter. New York, Oct. 14, 1718. A sloop with her
cargo belonging to the Mayor of this City was on her
voyage to this port taken by subjects of the King of
Spaine and carried into St. Juan de Porto Ricco, and
there condemned though the master had neither directly
or indirectly traded in any port belonging to his Catholick
Majesty or with any of his subjects etc. Others belonging to this port have been taken by the Spaniards in
their voyages to and from the West Indies with only
the produce of H.M. Plantations on board. Several
vessells are fitting out at Porto Ricco in order to seize
such English vessells as shall pass that way, which will
render our trade and the supply of provisions to the West
India Islands precarious, and this being of most fatall
consequence to the trade of this Colony, we humbly
pray your Excellency that you would represent it in
such manner to H.M., and his Ministers that restitution
may be made to the Mayor, and such unjust proceedings
prevented for the future. Signed, Rt. Livingston,
Speaker, and 21 Members of Assembly. Same endorsement. Copy. 1 p. [C.O. 5, 1051. Nos. 88, 88 i.–vi.;
and (without enclosures) 5, 1124. pp. 79–86.] |
Nov. 3.
New York. |
739. Governor Hunter to Mr. Popple. Acknowledges letter
of 23rd July etc. Continues:—There are no Counsellors absent
from New York with or without leave tho' some live remote in
the Province and cannot attend. There has no forreign vessel
been here to trade since I have been in this Government. As to
our vessels that trade with forreign Plantations I shall observe
the directions given me by their Lordships. I have by the same
conveyance transmitted to their Lops. all publick acts minutes
and papers which were mentioned in your schedule to be wanting
except the Naval Officer's account for the three years mentioned
there which will take much longer time than I have at present
to make out. But if you'll be pleased to send to the board of
Customs to whom for that three years they have been by a very
odd mistake transmitted they will furnish you with them, they
haveing the same accounts by the same conveyances from the
officers of the Customs here. In my former letters to their
Lordships I have in effect answered what you writt in relation
to the Council of the Jerseys. But there is a mistake in that
list of Counsellors you sent me for William Morris has been dead
many years and never was in the Councill so that there is room
for John Johnstoun in the Eastern Division and for the continuation of the good old man George Deacon for the Western. Of
those formerly recommended Miles Foster and Robert Wheeler
are dead and John Bambridge become altogether unfitt by age
and hard drinking. For the Eastern Division I continue my
recommendation in case of vacancies for John Reid, Adam Hude,
John Johnstoun and Thomas Leonard and John Harrisone is now
of the General Assembly but he is of the Eastern Division alsoe.
For the Western John Reiding son of the deceased of that name
Peter Baird merchant and inhabitant of Burlington John Muirhead and Anthony Woodward. But before I can venture to
recommend more I must be better advised. There was no
Assembly sat in Jersey in any of these three years of which you
mention the Minutes of Assembly to be wanting. But the
Minutes of Councill which are a wanting shall go so soon as they
are perfected which I hope will be by the first conveyance etc.
Signed, Ro. Hunter. Endorsed, Recd. 17th Dec., 1718, Read
23rd April, 1719. 3 pp. [C.O. 5, 1051. No. 89; and 5, 1124.
pp. 88, 89.] |
Nov. 4.
Antigua. |
740. Governor Hamilton to the Council of Trade and Plantations. Encloses Minutes of Council of Antigua 7th Feb., 1716–31st March, 1718, and of Assembly 11th Feb., 1716–31st March,
1718. Concludes:—As soon as I get the remainder, which I
believe will be by the next oppertunity I shall not fail to transmitt
them to your Lordships. Signed, W. Hamilton. Endorsed,
Recd. 12th, Read 16th Dec., 1718. 1 p. [C.O. 152, 12. No.
120.] |
Nov. 6.
Whitehall. |
741. Mr. Popple to Richard West. The Lords Commissrs.
for Trade etc. desire that when you have considered the papers
transmitted to you 7th Oct., you will give them your opinion in
writing whether the Province of the Massachusets Bay or those
claiming under them have any and what right to the woods or
any part of the same growing in the Province of Maine, what
woods the Province of the Massachusets and those claiming under
them have a right to, as likewise what woods on sevl.
lands comprehended under the Charter of the Massachusets
Bay do by Act of Parliament reservation in the Charter or otherwise belong of right to the Crown. [C.O. 5, 915. p. 223.] |
Nov. 9.
Barbado's. |
742. Governor Lowther to the Council of Trade and Plantations. Acknowledges letters of 20th March and 20th June.
Continues:—Tho' seldom any vessels go's directly from hence to
the Maderas, yet I directed the Naval Officer here to prepare such
an account of the exportes and importes between Barbado's,
the Maderas, and Western Island's as you seem to require
(enclosed). Returns thanks for information as to measures taken
to suppress pirates. Continues:—As I've expected with some
impatience the Commission etc. to try pirates, so I cannot omit
informing you, that Captain Francis Humes Commander of
H.M.S. the Scarborough took on the 12th of June a pirate ship
called the Blanco, of 6 guns, man'd with 80 men, and commanded
by one Lew. [? de] Le Bour, a French man, who made his escape
with all his men but 17, which number, are now in gaol here, and
maintained out of the mony arising from the pirates goods that
were seized here for the King's use, by vertue of my warrant
dated the 24th of July, grounded on my 54th Instruction: the
issuing of this warrant, was occasioned from Chaptain Humes
having got the sd. ship and goods condemn'd as a prize to him at
St. Christophers by one William Woddrop Judge Surrogate of
H.M. Court of Admiralty there, and from his declaring that he
would dispose of the sd. ship and cargo here as his prize even after
I had shewed him the aforementioned Instruction, but as the
whole proceeding of this affair is entered in the Minutes of Council
herewith sent, I shall not trouble your Lordshipes with a further
narrative of it, but only say, that I conceive all pirates goods
belong to the King, and that Mr. Wooddrop acted illegally etc.
Encloses accounts of pirates' goods sold etc. Continues:— In the
meantime I should be extreamly glad to understand H.M. pleasure
touching the sd. 17 pirates etc. I've reconsidered all the Acts
inserted in the list Mr. Popple sent me by your Lordshipes
direction, and do sincerely declare I know no material objections
against any of 'em, but do still apprehend that they are very
reasonable, wholesome, and necessary lawes; but as your Lordshipes seem to dislike some of 'em, I shall endeavour to give you
all the satisfaction I'm able. I observe that your Lordshipes are
of opinion that the Act for laying an imposition on wines etc., is
not only lyable to many objections on account of the powers and
penalties therein contained, but also, that it may have an ill
effect upon trade. In answer to these scruples I hold it necessary
to informe your Lordshipes, that tho' this Act is only annual,
yet, it has been continued for many years as the easiest and most
impartial imposition that can be laid upon the country. If the
powers given for collecting the several impost's, and the penalties
inflicted on eluding the payment of the several rates and duties
thereby imposed are thought to be too great and exorbitant,
it may be justly said, that the many trick's and fraud's which the
importers of the sd. wines and strong liquors did put upon the
Government is the only reason of making the Law so very strict
etc. I conceive this law has no ill effect upon trade, because if
the importers are dissatisfyed with market here, they are not only
intituled to have a permit to export it to what place they please,
but also of having all the duty either remitted or repayed. As
to the Act for compiling the Laws of this Island I shall take care
to lay the collection thereof before your Lordshipes (when
finish'd) in order to receive your approbation before they are
sent to the press. The exception that's taken to the Act for
defraying the expence of the Commissioners appointed for making
contracts being only about the wording of it, I hope the intent
of the Act gives no offence; it being thought but reasonable here
that the country should defray the expence of such publick
spirited person as neglect their private affairs to serve their
country. I hope your Lordshipes approves of the Act impowering
licentiate lawyers to practice as barristers here since I find no
animadversion upon it: as I'm sure no reasonable objection can
be raised against it, but what may be easily answer'd, so I beg
the favour of your Lordship's (on behalf of the Country) that if
any interest is made to get it repealed, that you would be pleased
to transmit us the reasons that are assigned against it, and to
suspend your judgment, till you see the answer that may be given
to the sd. reasons. As I send your Lordshipes by this opportunity a particular state of H.M. fortifications here, together with
the Treasurer's account of the tax on negro heads that was raised
for the repair thereof, as also the Minutes of Commissioners of
contractes relating thereto, so in order to satisfy your Lordshipes
that the sd. tax has been faithfully and justly apply'd to the use
it was design'd; I desire you'l be pleased to observe that all the
person's names with whom the Commissioners contracted for
any materials for the use of the fortifications and all artificers
names that were employ'd to work up the sd. materials are all
inserted in the sd. Minutes as well as the wages of the several
artificers, and the quallity, quantity and prises of the several
species of materials etc.; likewise that as any of the Contractors
had compleated their contractes; the Commissioners certifyed it
to me in Council: this also appears by the Minutes of Council, as
likewise that the Council advised and consented to my issuing
orders on the Treasurer for the payment thereof. Refers to the
Treasurer's accounts settled with the Committee of publick
accountes etc. The mony remaining in the Treasurer's hand upon
the sd. tax, and the materials that are yet unrought up will fully
compleat all the fortifications. As your Lordshipes will find
among the rest of the publick papers (I now send you) an estimate
of the publick debts stated by the said Committee, so I cannot
but acquaint you, that the provision that's made by the two levy
Actes on negro heads (now sent you) together with some debtes
we have recovered for the country will ballance all the publick
debts by May next. I cannot conclude without thanking your
Lordshipes for your admonition, thô I cannot but compare it to
épée à deux tranchans which I shall take the liberty to explain
in my next. Signed, Rob. Lowther. Endorsed, Recd. 30th Dec.,
1718, Read 30th Sept., 1719. Holograph. 4 pp. Enclosed, |
|
742. i. List of public papers sent in preceding. Same endorsement. 1¾ pp. |
|
742. ii. List of causes determined and depending in the Court
of Errors, Barbados, 18th Feb., 1717—16th Sept., 1718.
Same endorsement. 1 p. |
|
742. iii. List of causes determined in the Court of Chancery,
Barbados, since 19th May—9th Oct., 1718. Same
endorsement. 4 pp. |
|
742. iv.–xii. State of the several fortifications and stores of
war in Barbados, July, 1718. Signed, Robt. Yeamans,
Tho. Maycock junr., John Waterman, W. Leslie, Tho.
Maxwell. Same endorsement. 10 pp. |
|
742. xiii. Account by Judge Edmund Sutton, Treasurer of
Barbados, of £10,100 8s. 4d. raised by a tax on negroes'
heads for the repair of the fortifications. Balance,
£1898 11s. 5d. Audited by the Committee of Accounts.
Same endorsement. 4 pp. |
|
742. xiv. Estimate of the public debts of Barbados, by the
Committee for settling the public accounts. Debit,
£27, 731 3s. 0½d. Credit, £8540 11s. 3d. Signed, Wm.
Leslie, Saml. Forte, Ralph Weekes, Robt. Bishop, Guy
Ball, Will. Carter, Edmund Sutton, Jno. Waterman.
Same endorsement. 2 pp. |
|
742. xv. Account of sale of the pirate ship Blanco and her
cargo, by Henry Lascelles, Collector. Same endorsement. 2 pp. [C.O. 28, 15. Nos. 52, 52 i.–xv.; and
(without enclosures) 29, 14. pp. 1–13.] |
| [Nov. 9.] |
743. Minutes of Commissioners of Contracts relating to the
fortifications of Barbados, Nov. 1715, referred to in Mr. Lowther's
letter of Nov. 9, 1718. Endorsed, Recd. 30th Dec., 1718, Read
30th Sept., 1719. 36 pp. [C.O. 28, 16. No. 3.] |
| Nov. 12. |
744. Mr. West to the Council of Trade and Plantations.
Reply to 7th Oct. and 6th Nov. I do find that the title which
Mr. Cooke doth claim to be in the Province of Massachusetts Bay
in opposition to the right of H.M. to all trees fit for masts of the
diameter of 24 inches and upwards at 12 inches from the ground
growing within the Province of Main is founded upon a supposed
purchase of the said Province of Main by the Province of the
Massachusetts Bay of and from the assignees of Sr. Ferdinando
Gorges the person to whom the said Province was originally
granted from the Crown. King Charles I did incorporate the
assignees of the patent which King James I did in the eighteenth
year of his reign grant to the Councell established at Plymouth
in the County of Devon by the name of the Governour and
Company of the Massachusetts Bay in New England by which
Charter the said King did grant unto the said Corporation power
to have take and possess acquire and purchase any lands tenements
or hereditamts. or any goods or chattells and the same to lease or
grant demise alien bargain sell and dispose of as other our liege
people of this Our Realm of England or other Corporation or body
politick of the same may lawfully doe. In the 15th year of K.
Charles I the Province of Main was granted to Sr. Ferdinand
Gorges his heirs and asss. which province did descend unto
Ferdinando Gorges son and heir of John Gorges who was son and
heir of the sd. Sr. Ferdinando Gorges which Ferdinando Gorges
did in 1677 in consideration of £1250 give and grant all his right
and title in and to the said Province unto John Usher of Boston
merchant his heirs and asss. But whether it was by way of
absolute sale or way of mortage doth not appear. And the said
John Usher did in 1678 convey the same unto the said Corporation
as appears by the printed Journall of the House of Representatives
of that Province which was sent to me by Mr. Dummer their
Agent. It may my Lords be made a question in Law whether
that Corporation which was created by King Charles I could
legally purchase the said Province of Main inasmuch as the clause
of licence does goe no further then that they might purchas
lands etc. as any other Corporation or Body politick in Engld.
might lawfully doe and I take it to be clear Law that no Corporation whatsoever in England can purchase any lands which shall
inure to themselves unless an express licence for that purpose
be inserted in their Charter of Incorporation or otherwise. Yor.
Lordpps. will be pleased to observe that this Corporation is by
the Charter only subjected to the same laws as the Corporations
in England are and that there is no licence to purchase lands
granted to them by express words. I need not observe to your
Lordpps. that nothing but express words is in Law sufficient to
take away the King's prerogative. But indeed I should not have
made use of any argument of this nature did I not think the
Royall Prerogative in relation to the Navall Stores in America
of the utmost consequence to the Kingdome and that therefore
any advantage in point of Law ought to be taken wch. does not
injure any private persons. But admitting that Corporation was
fully enabled to purchase lands yet that Corporations is now
extinguished for the patent 4° Caroli primi was in 1684 reversed
in Chancery by a judgmt. upon a scir. fac. and consequently
the Province which was granted to that Corporation and all
lands purchased by that Corporation were revested in the Crown
and therefore the inhabits. of New England can be no otherwise
entituled unto the Province of Main then by some new title which
must have accrued unto them subsequent to their incorporation
by King William wch. it is impossible ever should have been
since there is no licence granted unto them to purchase lands in
or by their last Charter. Their last Charter was granted by the
late King William in the third year of his Reign in which Charter
it is observable that there is not only a variation in the name of
incorporation but in the thing itself. And so far is the old
Corporation from being revived that by this Charter they are not
so much as erected into a Corporation or Body Pollitick so as to
be able to sue or be sued etc. but the very termes of the Charter
are that the King does erect and incorporate the severall countries
menconed in the patent into one Reall Province by the name of
Our province of the Massachusetts Bay in New England. It is
plain to a demonstration that King William did at the time of
granting this patent consider all the countries therein named and
particularly the Province of Main as vested in himself in the right
of his Crown and therefore he does unite and incorporate all
those countries which were before severall and distinct, into one
Real Province and does then grant all the lands included in that
Province unto the inhabits. of the Province of the Massachusetts
Bay in wch. denomination and grant the inhabitants of the
Province of Main etc. are as much included and concerned as
grantees as the inhabitants of that part of the countrey which
was originally and singly known by the name of the Massachusetts
Bay. All these Provinces therefore are now to be considered as
one neither is it possible that one part of the Province should be
the private property of another. It is true that the King does
grant a power unto the Generall Assembly of the said Province
to make grants of lands uncultivated lying within the bounds
described in and by the Charter. But that grant does no ways
extend to one part of the Province more then another but is
equall to them all and is therefore subject to the last clause in
the Charter by wch. all trees of the beforemenconed size are
reserved to the Crown and consequently the Generall Assembly
of that Province cannot make any grant of lands to private
persons without their being subject to that clause of reservation.
The Act of Parliament nono Annæ page 387 extends no further
then the reservation in the Charter does only that Prerogative
wch. before subsisted singly on the Charter is now confirmed and
established by authority of Parliament. And therefore upon the
whole matter I am of opinion that the King is legally entituled
to all trees of the prescribed size growing in the Province of the
Massachusetts Bay as it is described and bounded in the Charter
of King William and particularly in the Province of Main excepting only those trees scituated on lands wch. were legally granted
to private persons before the Charter 4° Caroli primi was reversed.
Signed, Richd. West. Endorsed, Recd., Read 14th Nov., 1718.
5¾ pp. [C.O. 5, 867. No. 17; and 5, 915. pp. 225–230.] |
Nov. 13.
Whitehall. |
745. Council of Trade and Plantations to the King. Recommend John Yeamans for the Council of Antigua etc. [C.O. 153,
13. pp. 375, 376.] |
| Nov. 14. |
746. Receipt by Francis Carlile for Commission to pardon
pirates to be delivered to Governor Hamilton. Signed, Fran.
Carlile. Endorsed, Recd. 14th Nov., 1718. Slip. [C.O. 152, 12.
No. 114.] |
Nov. 14.
Whitehall. |
747. Mr. Popple to Sir W. Thompson. Encloses copy of
Governor Dudley's Commission, whereupon eight persons have
been indicted for piracy etc. The Council of Trade and Plantations desire your opinion whether the said Commission did become
void upon her Majesty's demise or before the said tryals, and in
that case, as the persons who acted as Judges therein proceeded
with a good intention, what methods may be proper to be taken
for indemnifying them from such penalties as they may by Law
have incurred. [C.O. 5, 915. p. 224.] |
Nov. 14.
Whitehall. |
748. Council of Trade and Plantations to the King. Propose
repeal of Act of Jamaica, 1716, for the effectual discovery of all
persons that are disaffected to H.M. etc., on grounds advanced
by Sir N. Lawes, v. 1st Sept. [C.O. 138, 16. pp. 146–148.] |
Nov. 14.
Whitehall. |
749. Mr. Secretary Craggs to the Council of Trade and
Plantations. Enquires if they have any objection to William
Pusey, recommended for the Councill of Jamaica in place of Mr.
Harrison decd. Signed, J. Craggs. Endorsed, Recd., Read 18th
Nov., 1718. ¾ p. [C.O. 137, 13. No. 18; and 138, 16. pp. 148,
149.] |
Nov. 14.
St. James's. |
750. Same to Same. Refers following for their report.
Signed, J. Craggs. ¼ p. Enclosed, |
|
750. i. Petition of Fernando de Costa and son and Isaac
Paxotto, on behalf of themselves and divers other
merchants, to the King. Petitioners by their factors
in Jamaica bought £7000 of indigo and shipped it on
board the Nassau. It was seized by the Custom House
Officers, supposed to be of the growth of Hispaniola,
though the same way of trade has been before and since
this seizure etc. The indigo was sold, with a share to
Peter Heywood, then Governor, and others by his order,
without any legal condemnation, for there was no Court
of Admiralty capable of being held there at that time.
Indigo is most necessary for the woolen manufacture;
our Islands produce but very small quantities, and none
coming from the East Indies, from whence they were
mostly supplied. Petitioners' factors will be deterred
from appearing in petitioners' behalf by dread of a
by law of that Island made (but not confirm'd by your
Majesty) inflicting £500 penalty and 12 months imprisonment without bail or main-prize upon any person that
shall appear upon the importation of indico from
Hispaniola etc., Pray H.M. directions in their behalf.
Endorsed, Recd. (from Mr. Bravo) 20th, Read 21st Nov.,
1718. 1 p. |
|
750. ii. Opinions by Richard West upon the case of the
Nassau supra. 17th June, 1718. Signed, Richd. West.
2 pp. |
|
750. iii. Copy of Act of Jamaica for ascertaining ports of entry
etc. 1714. 2½ pp. |
|
750. iv. Copy of Act of Jamaica, 1715, to prevent all fraudulent
trade to Hispaniola etc. 2 pp. |
|
750. v. Copy of Act of Jamaica, for raising a revenue, laying a
tax of 1s. 6d. per lb. on indigo imported. 1 p. [C.O. 137,
13. Nos. 19, 19 i.–v.] |
Nov. 16.
Dragon in Lisbon River. |
751. Commodore Scott to Mr. Popple. In pursuance of
Instructions of the Council of Trade etc. upon my arrival in Newfoundland it was my chief care to find out the cause of the success
[of the New Englanders who yearly carry away at least 1000 men]
etc. And being inform'd that it was customary for creditors,
before the fishing season was near an end, to seize upon the
planters and boatkeepers fish; I concluded that thereby the
servants must be disappointed of their wages, discouraged from
continuing their labour, and laid under a necessity of embracing
any offers whatever; I therefore sent directions to the fishing
Admirals of the several harbours, to prevent so illegal and unfair
a practice, and neglected no opportunity of recommending to
them the encouragement of fishermen, which I doubt not, was
in some measure an occasion of more men's returning to England
this year, than for several years past: But that which I beleive
contributed most to it, was the fear I possess'd the New England
masters with, of a rigorous prosecution from their Lordps. in
case they should entice or entertain any men from Newfoundland,
contrary to an Order which I sent them etc. (No. ii.). Pursuant
to their Lordps.' commands I likewise oblig'd such of them, as
were in the harbour to sail with the convoy, and others who
wanted to depart before it, to enter into bonds of £500 etc. When
I left St. Johns, I gave it in charge to Mr. Collins there, to make
strict enquiry if any of these masters had incurred the penalty,
and to communicate his information to their Lordps. that they
might give the necessary directions for their prosecution; and if
one forfeiture were exacted, it is my humble opinion, that their
Lordps. would be for ever after, freed from the trouble of receiving
complaints of this kind: for which reason I think myself oblig'd
to mention Edmond Freeman, master of the Harwich sloop, who
the next day after he had signed his bond, sailed from St. Johns,
and contrary to his obligation received on board 19 men, which as
I was inform'd he had encourag'd to wait for him, and Thomas
Maddock and Samuel Brixham bye boat keepers carry'd off to him
from Cape Spear: but they being return'd for England before I
had any intelligence of it, I could not after the strictest search,
find any persons, who were aiding to them, or that could make
such a circumstantiall and positive declaration upon oath as would
have been sufficient: however, they living at Brixham in Devonshire, their Lordships may receive their evidence etc. This is
not the only thing which craves a redress, for in answer to 5th and
9th Articles of their Additional Instructions, I desire you to lay
before the Board that, the people of Newfoundland are chiefly
supply'd with their provisions from the Plantations, from whence
also are brought such large quantities of rum, molosses and tobacco,
as to be afforded at very low rates, whereby the fishermen are
tempted to idleness and debauchery: But that which I would
more particularly represent is the clandestine and illegall
commerce, carry'd on between the New England men, and
severall of the British masters, especially the fishing admirals
who (after they have according to the Act of Parliament qualify'd
themselves in England for fishing ships) depart for France,
Spain, or Portugall, where they freight with wines and brandys,
which early in the year they carry directly for Newfoundland,
and either dispose of to the planters, or barter with the New
England men for the produce of the Plantations; by this means
Newfoundland is not only supply'd with these foreign European
commodities, but it is become a mart, from whence the other
American Plantations are (in fraud of H.M. dutys) in a good
measure furnish'd. If the Officers of the Customs in these
Plantations would look narrowly after the ships, which use the
Newfoundland trade they might give some discouragement to
this traffick, etc. As these Admirals are chiefly concern'd in this
unfair commerce, so their tyranny and oppression in the harbours
where there are none of H.M. ships, is not to be reckoned among
the least causes of the decay of the fishery, those who labour in it
having learn'd by experience that the rule of their decisions is
their private interest, and that fishermen are not to expect any
justice from them: this contributes to the scarcity of men, which
occasions wages to be so extravagant that the fish which they
catch is often not sufficient to pay the servants, and the inhabitants, and the inhabitants are thereby so much discourag'd that
there have not been half the number of boats employ'd by them
as formerly. Another great disadvantage which the fishery
labours under proceeding from the countrey's being, during it's
long winter without the least form of Government or order, it
would be of considerable service, if some of the inhabitants were
entrusted with Commissions of the Peace for the administration
of justice during that season, and as their Lordps. commanded
me to make enquiry if any persons in Newfoundland, were
fitly qualify'd for the preserving of order, I think myself oblig'd
to recommend William Keen merchant, and John Collins planter
in St. Johns; the first, though a native of New England, seems
to have a reall concern for the prosperity of the fishery etc., and
has spirit enough for reforming severall disorders that have been
the unavoidable consequences of want of government, etc. As
there were a great many French employ'd in catching of core
fish upon the Banks, which they carry directly to France, so they
had 6 vessels in Petit Nore, and it's neighbouring harbours,
where for some years they have assum'd to themselves the liberty
of leaving their boats untill the succeeding year, which I sent
orders to the inhabitants of Bonnavist to destroy if they continue
the practice. Reply to Article 4 of Instructions. The people to
the northward of St. Johns, after the codd fishing, follow the
furring and seal oyl trades with industry and success insomuch
that these two last winters by less than 200 persons belonging to
Bonnavist, there was made 130 tun of oyl, and £3000 clear'd for
furrs, and were it not for the scarcity of servants those trades
might be improv'd to a very great degree: The Northern Bays
abounding with beavers, otters, and foxes, as well as seales.
And to the northward of Cape Bonavist there are severall fine
rivers capable of employing some hundreds of men in the salmon
fishing which lyes unimproved: the last season there was 200
teirces of it catch'd by only five persons. Signed, Tho. Scott.
Endorsed, Recd. 16th Feb., Read 9th April, 1719. 2½ pp.
Enclosed, |
|
751. i. Copies of bonds in £500 by 3 masters, Tho. Thompson,
Edmond Freeman and John Stevens, of New England
vessels, not to carry from Newfoundland any but their
own ships' complement etc. H.M.S. Dragon. Oct.,
1718. Endorsed as preceding. 3 pp. |
|
751. ii. Order by Commodore Scott to masters of New England
vessels not to carry away men from Newfoundland,
but to be in readiness to sail with H.M. ships against
5th Oct. H.M.S. Dragon, St. Johns, 20th Sept., 1718.
Same endorsement. Copy. 1 p. |
|
751. iii. Scheme of the Fishery of Newfoundland (1718).
Fishing ships, 95; sack ships, 35; ships from America,
26. Burthen of fishing ships, 7902 tons; number of
men belonging to the ships, 2079. Fishing ships' boats,
326; bye boats, 185; inhabitants' boats, 393. Boatsmen;
masters, 242, servants, 1398. Quintals of fish made by
fishing ships, 36, 058; by bye boats, 23, 310; by inhabitants' boats, 41, 455. Fish carried to market, 92, 730
quintals. Train, made by fishing ships, 604; by bye
boats, 326; by inhabitants' boats, 645. Number of
stages, 320. Inhabitants; men, 2493; women, 304;
children, 517. Same endorsement. 1 p. [C.O. 194,
6. Nos. 59, 59 i.–iii.; and (without enclosures) 195, 6.
pp. 491–497.] |
Nov. 17.
Whitehall. |
752. Mr. Secretary Craggs to the Council of Trade and
Plantations. Francis Carlisle being recommended to H.M. as a
person very fit to be of the Council of Antego, in the room of Mr.
Thomas deceased, desires to know whether they have any objection
etc. Signed, J. Craggs. Endorsed, Recd., Read 18th Nov., 1718.
1 p. [C.O. 152, 12. No. 15.] |
Nov. 17.
St. James's. |
753. Same to Same. Refers following for their report etc.
Signed, J. Craggs. Endorsed, Recd., Read 20th Nov., 1718.
¼ p. Annexed, |
|
753. i. Petition of Abel Alleyn, Samuel Cox, Timothy Alleyne
and John Whetstone and 15 others to the King. The
passage from Barbados to Martinique is short and easily
performed in small boats, whereby negro slaves run
away, are stolen by sailors, or driven away in boats by
stress of weather etc. The regulation for their restitution
instituted by the French King is to apprehend all such
and them to keep for the French King, but to restore
them to H.M. subjects upon their produceing a letter
of claime from H.M. Governor. The Marquis D'Fanquier, General of the French Islands is ready to restore
their respective slaves to petitioners, upon receiving
such letter from Governor Lowther, but he has absolutely and peremptorily refused to write any letter or
make any application whatsoever to the Governor of
Martinique. Pray for H.M. directions to Governor
Lowther etc. 2 pp. [C.O. 28, 15. Nos. 39, 39 i.; and
29, 13. pp. 480–484.] |
Nov. 19.
Whitehall. |
754. Council of Trade and Plantations to Mr. Secretary
Craggs. In reply to 17th Nov. refer to No. 745. Will propose Mr.
Carlisle upon the next vacancy etc. [C.O. 153, 13. pp. 377, 378.] |
Nov. 19.
Whitehall. |
755. Mr. Popple to Mr. Lowndes. Encloses copy of Mr.
West's opinion [12th Nov.], whereby H.M. title to the woods is
fully asserted. Continues:—And as the Council of Trade and
Plantations do intirely agree with Mr. West in his opinion upon this
matter, and are highly sensible of how great consequence it is to
the Royal Navy, that the powers and instructions formerly given
to Mr. Bridger for the preservation of H.M. woods in America,
should be duely obeyed and executed, they do conceive, it may
be for H.M. service that he should be pleased to order that a
copy of Mr. West's report should be sent to Governor Shute,
and that he be directed to communicate the same to the Council
and Assembly of that Province, together with H.M. resolution
to be punctually obeyed in a matter of so great consequence to
these Realms. And if these directions should not produce the
effect that might be expected from them, their Lordps. are of
opinion it would in such case be adviseable to bring a scire facias
against the Charter of the Massachusets Bay. [C.O. 5, 915.
pp. 230–232.] |
Nov. 19.
Whitehall. |
756. Council of Trade and Plantations to Mr. Secretary
Craggs. Reply to Nov. 14. Mr. Pusey having been recommended
to us, we have given directions for enquiry to be made into his
character etc. [C.O. 138, 16. pp. 149, 150.] |
Nov. 20.
Whitehall. |
757. Mr. Secretary Craggs to the Council of Trade and
Plantations. Encloses following for their opinion thereupon.
Signed, J. Craggs. Endorsed, Recd. 21st Nov., Read 5th Dec.,
1718. ½ p. Enclosed, |
|
757. i. Address of House of Burgesses of Virginia to the King,
27th May, 1718. Copy of No. 568 iv. [C.O. 5,
1318. Nos. 52, 52 i.; and (without enclosure) 5, 1365.
pp. 171, 172.] |
Nov. 24.
Admty. Office. |
758. Mr. Burchett to Mr. Popple. Encloses following.
Signed, J. Burchett. Endorsed, Recd. 24th Nov., 1718, Read
9th April, 1719. Addressed. ½ p. Enclosed, |
|
758. i. Commodore Scott to Mr. Burchett. H.M.S Dragon,
Lisbon, 8th Nov., 1718. On 17th Oct. I sailed from Newfoundland with H.M.S. Rye and 18 merchant men: Tho'
we had no certain intelligence of the rupture with Spain,
yet we had such rumors, as made me appoint Lisbon for
the place of rendevous etc. The ships design'd for the
Port of Spain, intend now to go to Italy, not finding a
market here for their fish, where I shall proceed with them
etc. Concludes with copy of No. 751. Copy. 3½ pp. |
|
758. ii. Duplicate of No. 751 iii. [C.O. 194, 6. Nos. 60,
60 i., ii.; and (with enclosure ii. only) 195, 6. p. 498.] |
Nov. 24.
Rhode Island. |
759. Nathaniel Kay to Mr. Popple. When I had the honr. to
waitt on you about 4 months since att the Cockpitt, I crav'd the
favr. to know whether the order was sent to the Charter Governmts. that restrain'd the severall Governmts. in the Plantations
from putting laws relating to trade in execution; before they were
confirm'd in England: and you were pleas'd to acquaintt me
they were. I being the Collectr. appointed by the Hon. Commrs.
of H.M. Customes for this Governmt.; think itt my duty to
acquaintt; they have not receiv'd any account of such an order
here; and as I have been inform'd not in our neighbouring Colony
of Connecticutt. And severall laws being made there, wch. 'tis
humbly conceiv'd, are repugnt. to the Laws of Trade made in
England relating to the Plantations; as laying on of duties, and
obliging the King's subjects of other Governts. to pay them; and
curtailing the trade by obliging the King's liege subjects in bond,
to carry the produce of that Governmt. to certain places of trade
limited by their own Acts, and abusing the King's Officers by
laws wch. are repugnt. to the Laws of Trade made for the plantations; and if order'd to be sent home, w'd treat the officers in
another manner; and allso These matters giving greatt
discouragemt. to trade in generall, and many of H.M. subjects in
this Colony having suffer'd very much by such laws; and as
likewise a flourishing trade might be carried on between the
severall Governmts. of H.M. Plantations: I pray you will
signifie the King's Order to these Governmts. etc. Signed, Nath.
Kay. Endorsed, Recd. 22nd Jan., Read 11th June, 1719. 2 pp.
[C.O. 5, 1265. No. 122; and 5, 1293. pp. 176, 177.] |
Nov. 25.
St. James's. |
760. H.M. Warrant for affixing the Great Seal to Commissions
to John Hunter, Commander of the Sunderland, and John
Richard, Commander of the Borneo, for seizing pyrates, freebooters
and sea-rovers etc. Countersigned, J. Craggs. Copy. [C.O.
324, 33. p. 190.] |
Nov. 26.
Whitehall. |
761. Mr. Secretary Craggs to the Governor of the Leeward
Islands, or in his absence the Lt. Governor of Antegoa. Sir
Edmund Prideaux owner of three fourth parts of the ship the
Three Maries lately stranded at Antegoa, having given a power
to Philip Darby of that Island, to recover his ¾th. parts of what
the hull and appurtenances of the said ship were sold or agreed
for, I am to desire you will give him all the necessary assistance
etc. Signed, J. Craggs. [C.O. 324, 33. p. 189.] |
Nov. 27.
Cockpit. |
762. Richard Coope to Mr. Popple. The Proprietors of the
Nevis and St. Christophers debentures, designing to apply to
Parliamt., to procure provision for the same, and there being some
sufferers who have not had debentures issued, because they did
not settle on the Island where they sustain'd their losses, and
others, who are under ye same circumstances, for omitting to
comply wth. some things required by Act of Parliamt., desire a
list of the sd. sufferers and the loss which was allowed ym.
Signed, Ri. Coope. Endorsed, Recd. 27th, Read 28th Nov., 1718.
Addressed. 1 p. [C.O. 152, 12. No. 116.] |
| [Nov. 27.] |
763. List of 31 negroes and their owners stolen, run away or
driven by stress of weather from Barbados to Martinique in
1717, 1718. (v. 11th Sept., 1717, and 17th Nov., 1718.) Endorsed,
Recd. (from Tho. Tryon, Mr. Gordon etc.), Read 27th Nov., 1718.
1 p. [C.O. 28, 15. No. 41.] |
Nov. 27.
Whitehall. |
764. Mr. Popple to Mr. West. Requests his opinion upon
3 Acts of New Jersey etc. (v. 11th Dec.) passed 1714, and an
Act passed in 1717 for the better inforcing an order of H.E. etc.
Encloses memorial of Mr. Smith, Secretary of New Jersey, and
extract from Governor Hunter's letter 12th Nov., 1715. [C.O.
5, 995. pp. 449, 450.] |
Nov. 28.
Whitehall. |
765. Council of Trade and Plantations to the King. Recommend William Pusey for the Council of Jamaica etc. (v. 14th
Nov.) [C.O. 138, 16. p. 151.] |
Nov. 28.
Whitehall. |
766. Same to Mr. Secretary Craggs. Informing him of preceding representation. [C.O. 138, 16. p. 152.] |
Nov. 28.
Whitehall. |
767. Council of Trade and Plantations to Mr. Secretary
Craggs. Reply to Nov. 17th. Mr. Micklethwaite, one of the
Agents of Barbados, suggests that the Governor's refusal of
petitioner's request, might have proceeded from his care to avoid
and discourage all pretence of carrying on a clandestine trade
with the French Plantations in accordance with his Instructions
of May, 1717 etc. But if he has no other reasons, we are humbly
of opinion that H.M. may be graciously pleased to direct him to
comply with their request, provided his letter to reclaim the
negroes be sent by a messenger of his own and that particular
care be taken, that no illegal trade be carryed on with the French
settlements under this pretence. Autograph signatures. 2 pp.
Enclosed, |
|
767. i. List of negroes lost from Barbados to Martinique, 1717,
1718. 1 p. [C.O. 28, 39. Nos. 6, 6 i.; and (without
enclosure) 29, 13. pp. 485, 486.] |
