|
July 1.
Whitehall. |
277. Mr. Popple to Mr. Rhett. My Lords Comrs. of Trade
and Plantations being informed that you have lately receiv'd
from Carolina an account of new hostilities committed by
the Indians in that Province, desire you would communicate
such advices to them etc. [C.O. 5, 1293. p. 178.] |
July 1.
Whitehall. |
278. Mr. Delafaye to the Governor of Jamaica. Encloses
following. Continues: The Lords Justices direct you forthwith to cause restitution to be made of the said storehouse,
and to put Mr. Coleman in possession thereof etc. Signed,
Ch. Delafaye. Annexed, |
|
278. i. Mr. Burchett to Mr. Delafaye. Admiralty Office.
26th June, 1719. The Council of Trade and Plantations have received no answer from Governor Sir N.
Lawes to their letter desiring him to restore Mr.
Coleman to possession of the store-house at Kingston,
contracted with him to be kept in repair by him for
stores of H.M. ships by orders of the Lords Commrs.
of the Admiralty, etc. Sir N. Lawes has declared
that their Lordships have nothing to do with the sd.
store-house, it being immediately under his care, as
having been built at the expence of the Island etc.
Encloses copy of bill of sale made by Sir W. Beeston
to King William, by which it appears that the storehouse was designed for the use of H.M. ships of war,
and was so applyed, until the wresting of the keys
from Mr. Coleman by Mr. Heyward, while Chief
Officer on the Island, and delivered to Mr. Page, then
Secretary thereof. They desire their Excys. to send
directions requiring Sir N. Lawes forthwith to deliver
it to Mr. Coleman, who hath been at considerable
expence in repairing the same, that so it may as
heretofore be made use of for receiving the stores of
H.M. ships etc. Signed, J. Burchett. Copy. [C.O.
324, 33. pp. 236–238.] |
July 1.
Whitehall. |
279. Mr. Popple to Charles Delafaye. Encloses extracts
from Sir N. Lawes' letters of Jan. 31st and March 24, relating
to the defenceless condition of Jamaica, to be laid before the
Lords Justices. Enclosed, |
|
279. i. Extracts referred to in preceding. [C.O. 137, 46.
Nos. 36, 36. i.; and (without enclosures) 138, 16. p.
220.] |
July 1.
Custom Ho., London. |
280. Mr. Carkesse to Mr. Popple. The Commissioners of
Customs desire copys of any laws of Maryland which relate
to the fees in any of the Courts of Judicature etc. Signed, Cha.
Carkesse. Endorsed, Recd. Read 2nd July, 1719. Addressed,
½ p. [C.O. 5, 717. No. 77]. |
July 2.
Whitehall. |
281. Mr. Popple to Mr. Carkesse. The Acts desired in
preceding are very long, and bound up together in a book.
They shall be transcribed as soon as possible etc. [C.O. 5, 727.
p. 490.] |
July 2.
Treary. Chambers. |
282. Mr. Stanhope, Secretary to the Treasury, to the
Council of Trade and Plantations. It having been represented
to the Lords Commrs. of H.M. Treasury that in relation to the
Revenues of New York the whole management of what is
raised for the support of H.M. Government there has of late
years in a very extraordinary manner by the authority of the
Assembly been taken from the Officers of the Crown constituted
by H.M. Letters Patents for that purpose and put under a
particular administration of their own contrary to the ancient
practise and natural dependance which that Colony ought to
have upon the Government here. Their Lordships desire a
copy of clauses in the Governor's Instructions relating to the
Revenue etc., and of any Acts passed there during the last 10
years concerning the levying and disposing of monies etc.
They likewise desire an account of particulars sent to Governors
about making grants of lands there, and under what restrictions
rents and covenants such grants were ordered to be made, and
whether the grants so made have been conformable to the said
Instructions. Signed, C. Stanhope. Endorsed, Recd. 6th,
Read 7th July, 1719. Addressed. 1 p. [C.O. 5, 1051. No.
94; and 5, 1124. pp. 111, 112.] |
July 2.
Whitehall. |
283. H.M. Commission (by the Lords Justices) to Richard
Philips to be Captain General and Governor of Placentia and
Nova Scotia. Countersigned, Ch. Delafaye. [C.O. 5, 189.
pp. 410–416.] |
July 4.
Custom Ho., London. |
284. Mr. Carkesse to Mr. Popple. The laws of Maryland
desired 1st July are not now required etc. Signed, Cha.
Carkesse. Endorsed, Recd. Read 7th July, 1719. Addressed.
¾ p. [C.O. 5, 717. No. 78.] |
July 4.
Whitehall. |
285. Mr. Delafaye to the Council of Trade and Plantations.
Encloses following. Concludes: The Lords Justices desire
your opinion what is proper to be done therein. Signed, Ch.
Delafaye. Endorsed, Recd. 6th., Read 8th July, 1719. ¾ p.
Enclosed, |
|
285. i. Deputy Governor Keith to Mr. Secretary Craggs.
Pensilvania. May 14th, 1719. The necessary
preservation of H.M. Peace in this Colony, puts me
under an absolute necessity to trouble you with the
inclosed papers; by which you are informed, that
Mr. Penn as Heir at Law to his deceased Father, has
assumed the powers of Governmt. here, and has sent
over his Commission to me: But the same not being
attended with directions from H.M. or any of the
Ministry, I have advised with the Council and the[ir]
Representatives of the people in Assembly upon this
occasion, and they have desired that the publishing
of Mr. Penn's Commn. may be suspended until further
orders, by which I have gained some time to intreat
that I may know H.M. pleasure in an affair of that
consequence here. I could think of no other method
to preserve the peace of this Colony, which without
the Crown's interposition is like to be very much
disturbed about the Proprietary succession, now in
dispute to this Dominion. As I have acted herein
to the best of my knowledge for H.M. service, which
will ever prevail above all other considerations with
me, prays to be continued in his station etc. Signed,
W. Keith. Same endorsement. Copy. 1¼ pp. |
|
285. ii. Minutes of Council and Assembly of Pennsylvania.
Philadelphia, 28th April, 1719. The Deputy Governor
laid before the Council a new Commission and Instructions he had received from Mr. Penn as Governor
in Chief, and directing his accession to the Dominion
of the Country to be made known to the people. The
Council were of opinion that, in order to secure the
peace of the Colony, and to preserve the perfect good
understanding which had hitherto most happily
subsisted between the Governor and the people, the
Assembly should be called as he suggested. Writs were
ordered for them to meet 6th May. Speech of the Lt.
Governor to the Assembly. 7th May. Lays before them
preceding and the late Proprietor's will, "whereby
the powers of Governmt. over this Province seem to
be devised in trust after a peculiar manner, and I am
told these differences are not like to be speedily
adjusted." Our Indian hunters have been attacked
near the head of Potowmack by Southern Indians etc.
Address of the Assembly to him, (9th May):—The
first part of the Proprietor's will seems to vest a trust
in the noble Lords therein named, in order to accomplish the treaty of a surrender of this Government
to the Crown, which was begun by him. We are
concerned at the want of ascertaining the terms which
we have been always given to expect would accompany
the surrender in favour of the people called Quakers,
and claim those rights and favours which have been
promised us etc. Since the Heir seems not by the
will invested with the powers of Government, but
the devise thereof made to the Lords being allow'd
by his own Council to be good; and since it does not
appear that Commission is attended with the necessary
requisits directed by Acts of Parliament for qualification of persons concerned in such stations etc., we
conceive it will contribute to the peace of this Government and be safe for the Governor that he for the
present forbear to publish the said Commission etc.
until he receives the pleasure of the said Trustees or
has the Lord Chancellor's decree for his direction;
the rather because we understand, that an amicable
suit is depending in Chancery between the executrix
and heir at law in order to settle both their claim to
this Governmt. etc. We hope the Governor hath
already taken proper measures towards quieting
the minds of the Indians etc. Signed, Jonata.
Dickinson, Speaker. Same endorsement. Copy.
4 closely written pp. |
|
285. iii. Minutes of Council of Pennsylvania, 11th May,
1719. A majority of two to one approved the delay
of the publication of the Commission as proposed in
preceding. Copy. 2 pp. |
|
285. iv. Clause of an Act of Pennsylvania, 1712, for further
securing the administration of the Government. In
case of the death of the Governor in Chief, his deputy
may continue to exercise all the powers of Government, till further orders from H.M., or the heirs of
the said Proprietary and Governor in Chief, which
shall first happen. Copy. ½p. [C.O. 5, 1265.
Nos. 126, 126. i.–iv.; and (without enclosures) 5, 1293.
p. 205.] |
July 7.
N. Yorke. |
286. Governor Hunter to Mr. Popple. Abstract. Being
to embark in three days you may guesse my hurry etc. I leave
these Provinces in perfect peace and a good disposition in the
minds of all the people, etc. The Minutes of Council and
Assembly I shall bring with me but the Acts pass'd in this
last Session can not be ingross'd in that time. Refers to
enclosures. Assurances of sincere friendship etc. Set out, N.Y.
Col. Docs. V. 529. Signed, Ro. Hunter. Endorsed, Recd. 27th
Aug., 1719. Read 16th Aug., 1720. Holograph. 2 pp.
Enclosed, |
|
286. i. Governor Hunter's Speech to the Assembly of New
York, 2nd July, 1719. Abstract. Hopes to return,
if it is H.M. pleasure, if that proves otherwise, will
always be watchfull and industrious to promote the
interest and wellfare of this country "of which I
think I am under the strongest obligations to account
myself a countreyman." Refers to the quiet and
flourishing state of the people. The very name of
party or faction seems forgotten etc. Signed, Ro.
Hunter. Same endorsement. Copy. 2 pp. |
|
286. ii. Address of Assembly of New York to Governor
Hunter. Reply to preceding. When we reflect upon
your just, mild, and tender administration it heightens
the concerne we have for your departure, and makes
our grief such, as words cannot truly expresse. You
have govern'd well, and wisely, like a prudent magistrate, like an affectionate parent, etc. We have seen
many Governours and may see more; none were
ever so justly fixt in the affections of the governed
etc. Signed, Rt. Livingston, Speaker, and 19 others.
Same endorsement. Copy. 1 p. [C.O. 5, 1052.
ff. 52–56.] |
July 7.
Whitehall. |
287. Mr. Popple to Charles Stanhope. In reply to 2nd
July. Encloses copies of Governor's Instructions. Concludes:
The Acts of New York are now printing at the King's Printing
house, and assoon as they are finished, I shall send you a compleatt sett etc. [C.O. 5, 1124. pp. 112, 113; and (dated
July 8th) 5, 1079. No. 110.] |
July 7.
Boston. |
288. Josiah Willard, Secretary of the Massachusetts Bay,
to [? Mr. Popple]. Encloses Journal of Assembly, 1718, and
Minutes of Council for half a year beginning Sept., 1718, and
five Acts of Assembly passed Oct. 1718 (there being no Acts
passed at their meeting in March) etc. I am ashamed that the
copies are so bad; but the Office is so scandalously poor, that
I can n't put myself to the charge of a better clark without
starving my self etc. Signed, Josiah Willard. Endorsed, Recd.
21st Sept. 1719, Read 8th June, 1721. 1 p. [C.O. 5, 868.
ff. 51, 52.] |
July 7.
Whitehall. |
289. Mr. Popple to Mr. West. Encloses some queries
relating to monies in the hands of the Receivers in Jamaica.
[C.O. 138, 16. p. 224.] |
July 7.
Whitehall. |
290. Same to Same. Presses for reply to 25th June.
[C.O. 138, 16. p. 225.] |
| July 8. |
291. Mr. West to the Council of Trade and Plantations.
Reply to No. 289, with copy of queries. Signed, Richd.
West. Endorsed, Recd. 8th, Read 15th July, 1719. 6¾ pp.
[C.O. 137, 13. No. 33.] |
July 8.
Whitehall. |
292. Mr. Popple to Charles Stanhope. Encloses extract
of Sir N. Lawes' letter of 1st Sept. 1718, relating to H.M. proportion of seizures at Jamaica, for the directions of the Lords
of the Treasury thereupon. [C.O. 138, 16. p. 226.] |
| July 8. |
293. Mr. West to the Council of Trade and Plantations.
Reply to June 25th. As to the Act of Jamaica to oblige the
inhabitants to provide themselves with white people etc., I have
no objection to its generall purview. But the clause enacting
that all vessells trading in or about the Island which shall have
blacks on board above ¼th part of the hands imploy'd in the
management of such vessells shall be forfeited etc. seems too
general, and shou'd have been restrained to such vessells as are
actually own'd by the inhabitants of the Island, etc. There
is also a clause by which the estates of all persons not resident
in the Island are higher taxt than those of persons who dwell
upon the spott. I submit it to your Lordshipps how farr
this may be prejudiciall to persons residing in Great Brittain
and inconsistent with that equality which ought to be observ'd
in the levying of publick taxes. The Generall Assembly
reflecting upon the reasons for which their other acts were
repeal'd have indeed so farr comply'd with H.M. Instructions
as to make the moneys to be collected by virtue of this Act
payable into the hands of the person who is Receiver Generall
of the Island but then with a view doubtlesse to continue
their claime of nominating Commissioners for the receipt of
publick money they do not make the money payable to him
in the capacity of Receiver Generall, but appoint the person
who is employ'd by the King as his Receiver Generall to be
their Commissioner for the receipt of this money and consequently not content with that obligation which every Receiver
Generall is ex-officio under, faithfully to account for the publick
money they enact that he shall give an additionall security for
his fidelity by entring into bond and taking a fresh oath for the
faithfull discharge of a distinct office which they judge proper
to bestow upon him. The Assembly anticipating any resolutions which may be thought proper to be taken upon those
questions which your Lordshipps have been pleas'd to send to
me, concerning the moneys collected by virtue of the repeal'd
Acts, have inserted into this Act, a clause to direct the payments of the moneys remaining in the hands of the former
Commissioners, unto the present Commissioner the Receiver
Generall who is to account for that money in the same manner
as he is for what he shall receive in consequence of this Act.
I have also perused an Act for the encouragement of voluntary
parties to suppress rebellious and runaway negro's, and (observing
only that the parish of Wesmorland is excepted, I know not
for what reason, from any benefitts to be deriv'd from that
Act) I have no objection etc. Signed, Richd. West. Endorsed,
Recd. 8th, Read 15th July, 1719. 6 pp. [C.O. 137, 13.
No. 34; and 138, 16. pp. 237–240.] |
July 9.
Boston. |
294. Mr. Bridger to Mr. Popple. Refers to his suggestions
for the settlement of Annapolis Royal, and the raising of Naval
Stores there, and asks to be employed in that service. Continues: Mr. Armstrong who Mr. Burinston appointed his
deputy has no instructions to act by therefore I shall not suffer
him to act in that station etc. His putting in such a person
after a year, and neglecting to comply with his commission,
I hope will open the way for my being restored etc. Signed,
J. Bridger. Endorsed, Recd. 27th Aug., Read 10th Sept.
1719. 1 p. [C.O. 5, 867. No. 45.] |
July 9.
Whitehall. |
295. Council of Trade and Plantations to Governor Sir N.
Lawes. Acknowledge letters 3rd May, 1718–28th April, 1719.
Continue: We are sorry you have not met with a disposition
in the Assembly suitable to the assurances you were instructed
to give them of the King's tender care of their int'rests, and
of a ready concurrence in H.M. to do everything that could
offer for the advantage and security of their own country. We
shall expect from you (according to your promise) constant
accounts of the number of inhabitants both white and black,
the number of the Militia, and accounts of births, christ'nings
and burials; with the Naval Officer's lists of ships, enter'd and
clear'd there, according to the scheme in your Instructions,
relating to the Acts of Trade, and half yearly accounts of the
Revenue, We must also desire you will be regular in sending
us the Minutes of Govt. and Council, of Council in Assembly,
and of Assembly, what we have already receiv'd going no
further than 28th Nov. last for you must be sensible, that
without such publick accots. it will be impossible for us to make
any judgemt. of ye state of the Island, or of ye publick administration there. Upon what you write concerning the Act for
the effectual discovery of all persons that are disaffected to H.M.
and to prevent all such persons holding any office etc., we laid the
same before the King for his disallowance and H.M. was
pleas'd to repeal the same; inclos'd you have a copy of the
Order of Council thereupon. H.M. has likewise been pleas'd
to repeal an Act for ascertaining the number of ports etc.; as
you will see by ye inclos'd copy of the Order in Council and
for your further information we send you ye reasons we offer'd
for ye repeal of ye sd. Act. We have laid before ye Lords
Justices, what you write about ye fortifications and the weak
state of the Island. We also sent to the Lords of the Admiralty
what you write concerning the pirates and H.M. ships of war,
and their Lordps. have inform'd us etc. as No. 193. We are
concern'd to find that the Assembly you conven'd did dispatch
so little publick business, and that they did, in breach of ye
King's Instructions, adhere to their pretended right of adjourning themselves longer than de die in diem; We hope the next
Assembly will meet with a better disposition, and shew more
zeal and unanimity for the dispatch of what H.M. hath so
earnestly recommended to them for ye security of the Island,
which becomes ye more necessary by the rupture with Spain:
You cannot exert yourself too much on this occasion. We
cou'd wish, the Assembly had shewn a greater regard to the
King's recommendation in favour of Lord A. Hamilton. We
wou'd still hope that you 'ill find means to have it comply'd
with. We sent to the Commissioners of the Treasury what
you write in relation to the methods of securing H.M. share of
seizures. We observe what you write, 1st Sept., and think
you did right in sending away Don Juan del Valle upon the
suspicion the merchants had of his giving intelligence to the
enemy; but we shou'd be glad to be particularly inform'd how
the matter stands with relation to the sureties for the ships
that made the depredations upon the Spaniards. You certainly
must have misapprehended us, if you imagin'd that we gave
you assurances of a Commission to try accessories to pirates,
since that is what can't be done but by the authority of a new
Act of Parliament, for you 'ill see yt. by ye 46th Article of your
Instructions, you are required to conform yourself to the Act
of Parliament for the trying of pirates in America, which
directs that accessories in cases of piracy beyond the seas,
shall be try'd in England, according to the Statute of 28th of
King Henry 8th. We observe what you write 31st Jan., in
relation to the Assemblies passing a perpetual Revenue Bill
with clauses to inforce in Jamaica some of ye Statute-laws of
England, and give the people there, the privilege of English
born subjects, to which we can make no answer not knowing
what laws of priviledges you mean. We cannot yet give you
any answer to what you write concerning the application of
publick mony remaining in ye hands of Commrs. Upon the
account we had of the death of Mr. Harrison, one of the Council,
we recommended Mr. Pusey, who had been very well recommended, to be appointed a Councillor in his stead. When you
transmit to us any Acts of Assembly. we must remind you of
sending the reasons for passing such Acts, that we may be the
better able to judge of the advantage and prejudice such Acts
may be to ye Island. Refer to letter of 9th Jan. 1717/18, relating
to the King's Store-house. Ye Lords of the Admiralty, who
have this matter much at heart, having now desir'd to know
what answer we have receiv'd from you on yt. subject, we
were sorry to acquaint them that you had not sent us any.
We desire you wou'd take notice that the Act about Trade to
Hispaniola wch. was pass'd by Mr. Heywood, has now lay'd
by some time as probational, to give ye Assembly an opportunity
of passing another to the same effect, that shall not restrain
H.M. Prerogative, or be liable to ye objections to wch. this
Act is liable. You will do well therefore to lay this matter
before them at their first meeting, yt. no further time may be
lost in it; or we shall be obliged to represent to H.M. that the
said Act ought to be repeal'd. We send you here inclos'd
some queries, to which we desire your answer as particular as
may be. P.S. We sent yt. paragraph of your letter, 1st Sept.,
relating to H.M. proportion of seizures at Jamaica, to ye
Commssrs. of the Customs, for their thoughts thereupon, who
have return'd us an extract of a presentment they had made
some time before, to the Lords of ye Treasury upon that subject,
whereupon we have writ to their Lordsps. for their directions
thereupon. Annexed, |
|
295. i. Queries to Sir Nic. Lawes. (i) We desire you to
inform us, What number of inhabitants there is
at present in Jamaica, under your Governmt.,
distinguishing ye number of freemen, women and
children, and that of servants white and black. To
what degree are those numbers increased or decreased
since the last estimate you understand to have been
of them. Whether any inhabitants have removed of
late, and what way you conceive most proper to prevent
ye removal of others into any of the neighbouring
Colonies? What trade is there in Jamaica, either by
exportation or importation, with any other place
besides this Kingdom, and from whence is the Island
furnish'd with supplies (particularly of any manufactures) that they were wont to have from Great
Britain? How and in what particulars is the trade of
Jamaica encreased or decay'd of late years, and what
hath been the reason of such increase or decay?
What are the present methods used to prevent illegal
trade? and what further methods do you think adviseable for that purpose? What numbers of ships or
other vessels are there belonging to Jamaica where
built and what number of seafaring men? What
manufactures are settled in that Island of any sort
whatsoever? What is reckoned to be the annual
produce one year with another of the several commodities in ye sd. Island? What trade has Jamaica
with any foreign Plantations? how is that trade
carried on? What commodities do thry send to, or
receive from foreign Plantations? We further desire
that you wou'd send us the best accounts you can
possibly get concerning the foreign Plantatns. in
your neighbourhood; at what times, and by what
means they were first possessed? What is the number
of ye inhabitants and of ye Militia, or what other
Military force is in each of those Plantatns.? what
are ye several commodities produced in them? and
how much is the annual produce one year with
another of such commodities? what trade is carried
on to and from these Plantations? What form of
Governmt. is established in them, and what methods
are used to encourage and improve ye products and
the trade thereof. [C.O. 138, 16. pp. 227–236.] |
July 9.
Whitehall. |
296. Order of Lords Justices in Council. Repealing Act
of New York for reviving an Act for the easier partition of lands
in joint tenancy etc. Signed, Robert Hales. Endorsed, Recd.
10th, Read 16th Sept., 1719. 2 pp. Set out, N.Y. Col. Docs.
V. 529. [C.O. 5, 1051. No. 97; and 5, 1124. pp. 116–118.] |
July 9.
Whitehall. |
297. Council of Trade and Plantations to the Lords Justices.
Having lately received several laws passed in Pensilvania,
1712–1715, we humbly represent that several ought to be
repealed vizt., (i) An Act for amending divers laws passed
1712–1713. This referrs to two former laws one for establishing
Courts of Judicature, the other against robbing and stealing, the
former of which was repealed by her late Majesty's Order in
Council in 1714, the latter in May, 1718, by an Act of the
Assembly for the advancement of Justice etc. (v. 26th May). If
this Act should be confirmed, it would revive the other two,
which have been repealed. (ii) An Act of privileges to a freeman, passed 1714–15. Two former Acts with the same title
and contents were repealed, because they interfered with the
Act of 7 and 8 Wm. III for preventing frauds etc. in the Plantation trade; and tho' in this present Act, there is a saving to the
Admiralty Courts, yet we are apprehensive it may still interfere
with the said Act as well as other Acts of Trade; and we cannot
well see, what occasion there is for this Act, since by the laws
already in being Freemen are entituled, to all the privileges
intended by this Act. (iii) An Act for impowering Religious
Societies to buy, hold and enjoy lands, tenements etc. There is a
clause in this Act, which confirms all sales, gifts or grants
already made to those Societies, which retrospect we are of
opinion may probably be attended with ill consequences to
purchasers, creditors and other persons. (iv.) An Act for
establishing the Courts of Quarter Sessions, enacts that the
Justices of Peace may minister common justice and exercise
hear, determine and execute all things within the limits of their
respective commissions and authorities, as near as conveniently
may be to the Laws of Great Britain, which words seem to give
too great a latitude to the Justices, who are to judge of that
convenience, and may upon some occasions be made use of to
serve an ill purpose. (v) An Act for establishing the several
Courts of Common Pleas is liable to the same objection etc.
(vi) An Act for erecting a Supreme or Provincial Court is liable
to the same objection, for which a former Act for establishing
Courts of Judicature was repealed in 1710 upon a report from
Sir Robt. Raymond quoted. (vii) An Act for corroborating the
circular line between the Counties of Chester and Newcastle. This
Act contains a survey or description of the lands said to
be granted to Mr. Penn by the Charter of King Charles 2nd.
But how far this survey may be just, we cannot take upon us
to determine; and it may possibly take in the whole or some
part of ye 3 lower Counties belonging to H.M. to which Mr.
Penn had no right or title, tho' they have for some time been
under his Government. (viii) An Act for the ease of such as
conscientiously scruple to take the solemn affirmation formerly
allowed in Great Britain. The affirmation to be allowed by
this Act is materially different from that allowed in this
Kingdom (the name of Almighty God being not mentioned
therein) a former Act with the same title was repealed for
the same reason, 1714. (ix) By an Act for the better ascertaining the practise of the Courts of Judicature it is enacted, that
the Act of 8th and 9th William III for preventing frivolous and
vexatious suits and an Act of 4th and 5th of the late Queen for
amendmt. of the Law and the better advancement of Justice,
shall be put in execution in Pensylvania as far as circumstances
admit; we cannot apprehend what may be meant thereby,
but it seems improper to say an Act shall be observed as far
as circumstances will admit. (x) An Act for laying a duty on
wine etc. not only allows the importation of wines in general
directly from the place of their growth, which is contrary to
the Act of Trade 15 Car. II, but lays a double duty on such
wines as may be imported from any other place, which can be
only from Great Britain. (xi) An Act for laying a duty on
negroes imported gives a power to the officers to break open
houses upon suspicion of negroes being there, without any
limitation, whereby they are authorized to enter by night as
well as by day, which is very seldom allowed of by the Laws
of Great Britain in offences of an inferior nature. We have
likewise objections to other Acts, which we shall not propose
to be repealed, but shall offer our observations upon them and
submit the same to your Excellencies determinations. (i) The
Act directing appeals to Great Britain, directs that no judgment,
sentence or decree of any of ye Supreme Courts, or Courts of
Admiralty shall be so final, but that the party aggrieved may
appeal to H.M. etc. Our only objection to this Act is, that
there is no sum limited for which an appeal may be brought,
as is provided by the Instructions to all the Governors of Plantations under H.M. immediate Governmt. (ii) An Act for
regulating and establishing fees etc. We should have no objection
to this Act, if it did not establish the fees of officers of the
Supreme or Provincial Court of law and equity, as well as fees
of other officers; and therefore if your Excellencies should be
of opinion to repeal the Act abovementioned for establishing
such a Supreme or Provincial Court, it would look odd to have
fees established for a great number of officers not in being.
There are several other laws against which we have no objections; and in case your Excellencies do not see cause within
six months from the time of transmitting them to H.M. Privy
Council, to repeal any of the said laws, they will remain in full
force, pursuant to the Charter granted to the Proprietor of
Pensilvania, the titles of which laws are as follows vizt.: (i) An
Act for limitation of actions, (ii) for establishing orphans Courts
(1712, 1713); (iii) for the better recovery of fines etc. (iv) for the
assigning of bonds etc. (v) An affirmation Act for such, who for
conscience sake cannot take an oath. (vi) for acknowledging
and recording of deeds. (vii) for better determining of debts and
demands under 40, and for laying aside the two weeks Courts in
Philadelphia. (viii) for raising a supply of 1d. pr. li. and
4sh. a head, and for reviving other Acts etc. Passed in 1714, 1715. |
|
Upon this occasion we humbly take leave to represent to
your Excellencies that by the said Charter, the Proprietor is
impowered with advice of the Freemen of Pensilvania or their
Delegates in General Assembly, to enact laws for the good
of the said Province; providing such laws be not repugnant
but as far as conveniently may be agreeable to ye Laws of
this Kingdom; and that a transcript of such laws be within
five years after the making thereof, delivered to H.M. Privy
Council, and if any of the said laws within the space of six
months after they shall be so delivered as aforesaid be declared
by H.M. to be void, the said laws shall thenceforth become
null and void accordingly, otherwise to remain in full force.
This we think to be unreasonable that the said Proprietor of
Pensylvania should have five years time to lay his laws before
H.M., and H.M. but six months to consider thereof; For it
may so happen, that so great a number of laws may at one time
be transmitted as that it will be difficult if not impossible,
considering the other business that may intervene duly to
examine the same. There is another ill consequence of that
clause, which is, that temporary laws, prejudicial to the trade
of H.M. other subjects, may be enacted there, and have their
full effect before the Proprietor is obliged to lay the same
before H.M., or at least before H.M. disallowance of the same
can be signify'd to that Government, and they may re-enact
the same laws again and by keeping them till near the time of
expiration, they may in effect, evade H.M. right of repealing such
laws as may be prejudicial to H.M. intrest or ye trade or property
of his subjects, which is a practise they are frequently guilty of
in the very worst degree by re-enacting laws, which have been
repealed by the Crown, as may be observed with respect to
several of the laws which we now lay before your Excellencies. |
|
These are some of the ill effects of a Proprietary Government,
and as we are of opinion the Plantations will never be upon a
right foot till the Dominion of all the Proprietary Colonies
shall be resumed to the Crown, so we cannot help proposing to
your Excellencies that all fair opportunities should be laid
hold on for that purpose. Annexed, |
|
297. i. List of Acts passed in Pennsylvania that are expired.
Passed in 1712, 1713. (i) An Act for reviving, explaining
etc. several laws etc. (ii) An Act for laying a duty on
several liquors etc. Passed in 1714, 1715. (iii) An Act
for continuing a friendly correspondence with the Indians.
[C.O. 5, 1293. pp. 206–216.] |
| July 9. |
298. Amended form of debenture for those of the sufferers
at Nevis and St. Kitts, who suffered upon one island and
settled upon the other. Endorsed, Recd. 9th July, 1719.
3 pp. [C.O. 152, 12. No. 144.] |
July 9.
Whitehall. |
299. Order of Lords Justices in Council. Approving
Representation of June 18th, and appointing John Cochran,
William Irish, and Richard Cook to the Council of Montserrat.
Signed, Robert Hales. Endorsed, Recd. 10th., Read 16th
Sept., 1719. 1 p. [C.O. 152, 12. No. 148.] |
