America and West Indies
July 1729, 1-10

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1937

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425-444

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'America and West Indies: July 1729, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 425-444. URL: http://british-history.ac.uk/report.aspx?compid=72474 Date accessed: 22 November 2014.


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Contents

July 1729, 1-10

July 1.
Kensington.
801. Copy of Governor Philipps' Instructions. [C.O. 5, 194. ff. 434–489.]
July 1.
Barbados.
802. Mr. Freelove to [? Mr. Wood]. Having for several years been conversant among the Caribbee Islands etc., I begg leave to observe, what sanguine hopes the merchants in these parts conceived from the Duke of Montagu's undertaking to settle an English Colony upon St. Lucy etc. Wee apprehended that such an additional strength (whose interest and allegiance must have been the same with ours) might at least have ballanced the power of a potent neighbour: and put a stop to the frequent interruptions which they give to our trade. But those hopes soon vanished upon the fatal miscarriage of that noble enterprize; for when we found that the Martinecans had obliged H.M. subjects to quitt that island; we feared and foresaw that they designed to settle it for themselves: and the event has shewn that our fears were but too well grounded; for ever since that time, they have been clandestinely stealing settlements upon that island: and have increased them to that degree as I am credibly informed (by a Gentleman in H.M. service) that in May last (when he was there) they had upwards of 3000 French inhabitants upon that island; and more daily coming from Martineco; besides their negroe slaves, which must be very numerous to clear away the woods, and settle plantations for so many inhabitants; since we reckon that we have above five blacks to one white person upon our island, which has many years been all clear'd, and the necessary works fixt. This may be sufficient to convince his Grace how necessary it is to his own interest, as well as the publick good, to assert his right to that island, before it is too late; and whatever views may prevent his prosecuting of the settling of it at present; yet surely some care ought to be taken to get the French recall'd from thence before they become more formidable. For whatever you in Europe may think of the matter, the most experienced among us, are under the strongest apprehensions that not only own trade, but settlements may be in danger from their growing power etc., for etc. they are also forming settlements upon H.M. islands of St. Vincent and Dominica; where they have lately denyed the English subjects the liberty of getting wood and water, as can be well attested by some officers of H.M. Navy etc. Submits this to the consideration of the Ministry etc., and their defenceless state from the ruinous condition of the fortifications etc. Suggests that the French King be induced to recall his subjects from the British islands, or, even preferably, that H.M. subjects be permitted to fortify "some one or more of those uncultivated islands which laye best for protecting the whole West India trade, not only from Guiney to our Colonies, but also the South Sea Company's ships which goe to the Spanish coast, to which islands H.M. has a most indisputable right exclusive of all others. This latter method is preferred by the wisest heads amongst us, for they have had many years experience of the temper (and they say treachery too) of our neighbours" etc. Signed, Fran. Freelove. Endorsed, Recd. 3rd, Read 9th Dec. 1729. 3 pp. [C.O. 28, 21. ff. 20–21v.]
July 1.
Kensington.
803. H.M. Warrant (by Queen Caroline, Guardian of the Realm etc.) appointing William Leslie to the Council of Barbados, in the room of Richard Lightfoot, who is gone off the Island. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 124.]
July 1.
Kensington.
804. H.M. Warrant, as preceding, appointing Edward Charleton to the Council of Jamaica, in the room of John Ayscough, who has left the Island to settle in England etc. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 125.]
July 1.
Kensington.
805. H.M. Warrant (by Queen Caroline) appointing Tho. Davers to be of the Council of Barbados in the room of Francis Bond decd. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 155.]
July 1.
Whitehall.
806. Mr. Popple to John Scrope, Secretary of the Treasury. Requests order to H.M. Printers for 100 copies of the Act for better preservation of H.M. woods, in order to be sent to the Governors and offices in the Plantations, and for another 100 copies of Acts of Trade and Navigation (specified), those supplied in 1702 having been all sent etc. [C.O. 324 11. pp. 145–151.]
July 2.
Virginia,
wmsburgh.
807. Order of Committee of Privy Council. Referring to the Council of Trade and Plantations for their report a letter from Mr. Middleton and a letter from the Council of S. Carolina, with two representations by the latter containing complaints against the Assembly, which were referred to the Committee 22nd May last. Signed, Edward Southwell. Endorsed, Recd., 7th, Read 8th July, 1729. 1 p. Enclosed,
807. i. President Middleton to the Duke of Newcastle. Refers to letter of 24th June, 1727 to Govr. Nicholson, which at his request was laid before his Grace. Continues: But I do not find that H.E. sollicited that matter with any warmth, for reasons best known to himself, or that anything since before or after H.E.'s death hath been done thereupon, nor any public censure of the Government at home on account of those riotous proceedings, the want of which hath extremely weakened the hands of the Government here; For these people finding that notwithstanding the like severall representations made against them no notice hath been taken thereof, have run into all manner of licentiousness and things are now grown to that heighth, that the Assemblys have broke up and dispersed themselves without leave, in contempt of the royall authority, and a new one being called to meet in Sept. last, the majority of them wholly neglected to meet me and H.M. Councill in Assembly to consult and advise on the arduous affairs of the Province; have granted no supplys for the support of H.M. Government for 20 months past, and upwards, and abandoned all things to disorder and confusion, meerly with intent to distress this H.M. Government, to force us into a compliance with their unreasonable measures, and to oblige us to join with them in over setting all acts, orders and instructions whatsoever, that stand in the way of their currency. This has put H.M. Councill under an absolute necessity of representing all these affairs to the King's most excellent Majesty, by two severall representations which they have ordered to be delivered to your Grace by the hands of Mr. Stephen Godin of London merchant their Agent. I approve thereof and all the Council's proceedings in relation thereto etc. Hopes that suitable orders will be given to the new Governor. "We have no standing forces nor Treasury to apply to, upon the most emergent occasions" etc. Hopes that "Some means may be found out for punishing these disorderly people that are grown frantick with their own licentiousness, and fancy themselves out of the reach and power of the Government" etc. Signed, Ar. Middleton. Endorsed as preceding. Copy. 3 pp.
807. ii. Council of S. Carolina to the Duke of Newcastle. Charles Town Council Chamber. 19th Dec. 1728. The great disturbances that have happened in this province for these two years past and upwards, have at length put us under an absolute necessity of applying to His most sacred Majesty for some proper remedy etc. When things are grown to such heights that H.M. prerogative is openly trampled upon, H.M. Commander-in-Chief and his Councill insulted by Assemblys within doors, and by tumults without, we cannot any longer avoid acquainting the Government therewith etc. The late Assembly in Sept. last in manifest contempt of the Royall authority brake up without leave and separated themselves, so as not to meet again in order to avoid the raising of a publick tax, and a new one being duly summoned by H.M. writts, the majority of them, of set purpose, neglected to meet the President and Councill in Assembly to consult and advise with them upon the emergent affaires of this Province, so as the rest could not make a House to transact the publick business. Tis now twenty months and upwards, since they have granted any supplys to H.M. for the support of his Government. We daily expect the desertion of all our publick garrisons for want of pay, no provision being made for payment of the publick debts, and all things abandoned to disorder and confusion. The end of the several Assemblys in all this, is to put the fate of the whole Province at stake, on the President and Councill's refusall to break through all His late Majesty's Royall Orders and Instructions etc. and their own laws made in pursuance thereof, for the gradual reduction of their currency, and to reduce the President and Councill to the fatal dilemma, either of disobeying those orders, or letting the Province sink for want of those supplys etc. Pray that these proceedings may be laid before H.M. in Council; and recommend their Agent, Mr. Godin. Describe contents of their Representations. Continue: The end of the whole is to obtain from H.M. some proper orders for restraining these insolencys and exorbitances for the future, and above all things a particular instruction prohibiting all succeeding Governors absolutely to accept of any temporary gifts from the Assemblys etc. For this is the very bane of all our affairs, neither is there any one thing in the world that lessens the Royall prerogative so much in these parts, as the respective Governors ever more temporizing and giving way to the Assemblys, for the sake of these temporary gifts and presents. This Province (let the Assemblys be what they will) is very able to settle a fixed salary of £500 sterl. per ann. on a Governor, and the Governors and Officers fees are very shamefull at present, and ought to be augumented, at least double to what they now are. This allowance of £500 is what they gave Col. Moore and Governor Nicholson etc., but they would not give it by way of salary, but by way of present, that is to say, if the Governor would not come into their measures, they would give him nothing at all, and what is equally as bad all the subordinate officers, vizt., the Chief Justice, the Secretary and his deputys, the Clerk of the Councill etc., are made to depend for their support, on the precarious humours and a single vote of the Assembly, so that were it not for their singular integrity, the Governor would not be sure of one of his subordinate officers to be either diligent or faithfull to him in the execution of their trusts; As to the Attorney Generall, they have evermore refused to allow him any salary whatever, so that H.M. Governor and Council are oft times forced to court them to their duty and have little or nothing to reward them for their trouble, nor any revenue to apply to, for that or any other service, under the greatest emergency whatever, and 'tis against their interest to disoblige, where nothing is to be got, and of all officers the people have the least notion of supporting an officer of this kind, to whose prosecutions they so frequently subject themselves, for these reasons the hands of the Government are so much weakened, that they may be said to have an executive power, without a power to execute it etc. The Instruction to Governor Nicholson to insist on a salary, and not to take any presents after a salary so fixed, did not answer the end, for they would not affix any salary, because he had a latitude of accepting presents till a salary was fixed, so that all the moneys that was paid him by the Assembly's dureing his whole Government of four years, were nothing but presents, and those presents were always made him on passing the currency laws, or doe[ing] something else extraordinary to gratify them, and which laws their Excellencys the Lords Justices saw just reason to repeale etc. Recommend the Hon. Richard Allein, the present Chief Justice, for his capacity and loyalty etc. Signed, Ra. Isard, Wm, Bull, A. Skene, Benja. Schenckingh, James Kinlock, Char. Hart, Benja. De la Conseillere. Endorsed as preceding. Copy. 9 pp.
807. iii. Same to the King. Regret necessity of representing the present ill state of the Province, "occasioned by a restless sett of people, who seemed to have abandoned all rule for maintaining of civill order and society, all regard to publick faith, and totally neglected to make any provision for their own security, or to raise any supplies for the support and defence of your Majesty's Government, for twenty months past and upwards" etc. Continues: There is a sett of people who etc. have endeavoured to trample upon the Roy all authority, in the person of your Majesty's Commander in Chief, and of your Councill, in the most egregious manner. Your Majesty's Commander in Chief and Councill for now two years past, have been ever and anon insulted by divers virulent resolves, invective messages, and unwarrantable proceedings of the Representatives of the people within doors, and by seditious remonstrances and declarations of tumults without doors, and for no other reason, but because we have refused to joyne with the Assemblys in passing of laws, diametrically opposite to his late Majesty's royall orders and instructions, highly prejudicial! to trade, and the property's of your Majesty's subjects, both in Great Britain and this Colony, and repugnant to the Act for adjusting the rates of foreign coins in these parts etc. For this cause, and this only, the late lower House of Assembly have in manifest contempt of your Royall authority, taken upon them to break up, without leave, and dispersed themselves so as not to meet again, and that without making any provision for the support or defence of this your Majesty's Government. Your Majesty's President and Commander-in-Chief having, by the advice of Your Majesty's Councill, dissolved this Assembly, for their high contempt offered to your Royall authority, and being under a necessity of calling another Assembly, to meet in September last, the majority of them have refused and neglected to meet your Majesty's President and Councill etc., tho' duly summoned etc., so as the rest could make no house to transact the publick business. By this method the payment of the publick debts is totally neglected, and we expect daily the desertion of all our publick garrisons for want of pay. Pray for an examination. Signed as preceding, "with my approbation, Ar. Middleton." 3¾ pp.
807. iv. Certificate by President Middleton as to the signing of following in his presence, 19th Dec, 1728, and of his approval thereof etc. Signed, Ar. Middleton. 1 p.
807. v. Representation of Council of S. Carolina to the King. Recapitulate history of the paper currency and consequent defrauding of creditors 1717 ff. "which has been the chief cause of all their disorders, owing to the restless endeavours of the people to break through all measures taken for reducing the currency from time to time." Continue:—The Governors and people have always been for promoting these bills and looked with ah evil eye on the Council for opposing them. In Dec. 1726, when the Council refused to agree to their proposal to add £86,100 more to their currency, the Assembly refused to raise any tax though in great danger for want of defence, and raised riots. Thomas Smith was one of the chief rioters. He now declared that there was necessity for a bold stroke, and that some men, meaning the Council must be put into bodily fear etc. They formed themselves into conspiracy and associations to defend each other in refusing payment of taxes, and prepare a Representation to the President and Council containing insolent invectives and threats if they did not obtain reliefe etc. Upon discussing this Remonstrance their grievances will appear to be reduced to these two points, vizt. the Council insisting that the £15,000 therein-mentioned should be sunk according to the law founded on the Lords Justices Orders, and in so doing the Council is charged with a design of ruining the Province, the other, that the Council have obstructed the making a sufficient quantity of bills for the trade, as they call it, but in truth to pay their debts, wherefore the rioters resolve in the rebellious style of redressing themselves as God should enable them. The President by the advice of the Council issued a proclamation commanding them to disperse, to which they paid no regard. Whereupon Alexander Skene, one of H.M. Council, committed one of the chief rioters, being met with several others at Dorchester. Upon this they increased their multitudes, so that the President thought it necessary to goe in person, and after some reasoning and consenting to the release of Mr. Smith, they promised to disperse and burn their remonstrances. Nevertheless on 3rd May, 1727, they sent two of their chiefs, William Waities and John Jones, to deliver the above Representation, but the Council, knowing what it was, advised them not to offer any papers which that Board could not in honour receive and would be dangerous for them to present, upon this they promised to returne to their own houses, and in hopes there would be an end to these tumults, Smith was released. But in a few days they got together 250 men, who marched to the town on horseback, headed by William Drake, George Pawley, John Jones, William Waitie, Thomas Smith, Daniel Dunovant, Samuel Saunders and John Moore. The two first rode up to the Council Office and delivered the foregoing Representation very little amended with swords by their sides and pistolls under their arms to the President, to the great terrour and amazement of all the inhabitants. The President fearing to make an alarm or to seize them lest the people should destroy one another and the weakness of the Government be exposed in case he should fail, said he could give no answer without the advise of his Council etc. [whereupon] they departed from the town but continued their meetings and associations, and particularly on 5th July met at a place called Watboo about 30 miles from Charles Town, to the number of between 20 and 30, where the President sent one Col. Drake to demand the occasion of their meeting, they returned this insolent answer that they knew of no law against their meeting, that they met there for the good of the Province, and that the best way to prevent their meeting was to call an Assembly. Soon after they resolved on a generall meeting from all parts at Dry's Savanah about 22 miles from Charles Town and within two miles distant from the President's house, on which the President issued a new warrant against several of the Ringleaders likewise a Proclamation forbidding the said riotous meeting etc. Amidst these disorders Landgrave Thomas Smith the fifth in rank of your Majesty's Council sought an occasion of getting himself proclaimed President under pretence of being named one of the first of your Majesty's Council in the Commission for trying of pirates etc. The President having called the Council together in Charles Town he discovered two originall letters under Smith's own hand to Capt. John Croft in Charles Town, 8th and 10th June, 1727, informing him that the meeting at Dry Savanants was put off till Tuesday, because the time appointed was not sufficient to get a body of people, that he heard sudden news of the country's coming to town to make a revolution, what might be in time he could not tell but there were many people who were aggrieved in the country could not so soon get into a body, and desires to know who they are that indicated Middleton and his sham Counsellors etc. Upon this discovery the President caused Smith to be apprehended by the Town Constable assisted by some of Capt. Anson's men for high treason in endeavouring to raise an insurrection and levy warr against your Majesty and caused a generall alarm to be fired to discover the sentiments of the country, with orders for severall of the Companys to march to Charles Town to oppose such attempts which broke the meeting at Dry Savanah. But divers of the rioters who were to have met at Dry Savanah joyned themselves with the Goosecreek Company commanded by one Captain William Dry who had been ordered to march towards Charles Town in order to break that meeting and not from any service the Government expected of them most of them being concerned in that general meeting themselves. The Provost Marshall who had warrants for apprehending several rioters particularly one Jones, espyed him marching with the Company and demanded his assistance of the said Captain in your Majesty's name in apprehending him, but severall of the Company immediately surrounded him cocked their pistolls at him etc.; others assaulted and beat both him and his Deputy etc. Being halted about six miles distant from the town, they deputed Capt. Dry, Tobias Fitch and John Palmer who delivered severall insolent papers and declarations to the President in Council, saying they were ignorant of the Landgrave's intentions and believed it to be only an artfull amusement (meaning of the Governmt. themselves), and insinuating that the Province was at the brink of ruin from the grievances they laboured under signed by 98 etc. They declared their abhorrence of the manner of Smith's being apprehended (meaning that Capt. Anson's men were employed in assisting the Constables), and that they and the rest of the officers would lay down their commissions unless the Assembly was forthwith called and the people's grievances redressed. They said they were sent by the People and peremptorily required an immediate answer, and loudly and imperiously demanded satisfaction for the Provost Marshal's calling them rebels etc. Finding they could obtain nothing by force they abate of their stile and present another petition called the Petition of the Inhabitants tho' there was not above 60 hands to it, setting forth that they laboured under great difficulties and grievances from the irregularities of the Courts of Justice, the uncertain regulation of the currency, and that they were apprehensive that this year's tax would not be paid in on account of some mistakes about the tax and the uneasiness of the people on account of the ways and meanes taken in raising it. That they were afraid of a warr, and the ill state of the fortifications and the guardless condition of their frontiers put them under great apprehension etc. The President and Council being fully apprized that their whole designe etc. was to force the Government to fall into their measures about the currency, and that this petition had been sett on foot by several seditious persons for that end, they were no ways fond of calling an Assembly at this time, and the President thought it absolutely necessary to issue a Proclamation in vindication of the Council, who had been traduced for refusing to pass the laws sent up last Sessions for enlarging the currency etc. Whilst the people were actually under arms or before they had dispersed they, in defyance of all the Proclamations etc., posted publick advertizemts. on the high roads to invite all others into their rebellious Associations and publickly appointed days and places of their intended meetings etc. The President thereupon sent their Coll. Jonathan Drake to dismiss the Company etc. Notwithstanding this, they continued in the high roads, hoisted flaggs, and at length went severall of them to the house of Joseph Fitch (brother of Tobias), there sett up a white flagg etc., and held consultations for seizing two of the Council (Alexander Skene and Benjamin de la Consilier) by way of reprizall for Smith. Tobias Fitch offered to lead them etc., so that Skene was forced to be conducted to his plantation by water by (apt. Anson's men etc. The merchants having represented to the President and Council that the calling an Assembly might quiet the uneasiness of the people etc., and because they were daily under apprehension of a warr with Spain etc., the Assembly was called for Aug. 1st, though the Government had little expectation from this Assembly the greatest part of which now openly favoured these tumults under pretence of supporting the subjects' right of petitioning. The Assembly meeting, on 2nd Aug. proceeded to pass several resolves highly reflecting on the President and Council etc., insinuating as if they had denyed the people a right of petitioning, and censuring the last mentioned Proclamation, and roundly resolved (against all truth) that they had never proposed any bills at their former sessions contrary to H.M. royall orders and Instructions, altho' it appeared by their own Journalls that on 15th Dec, 1726, they sent up a bill for adding £36,100 to the currency etc., and altho they had spent most of the last session in contriving schemes for enlarging their currency and for re-issueing of what was to be sunk in breach of the Act etc. After this they received tumultuous petitions from the parishes, five in all, signed by about 200 persons most of them of the meaner sort, the substance of all being much the same, viz. to increase their currency or to sett a rate on forreign coynes according to the present standard of their bills and thus to have altered all the prices set by the Act for ascertaining the rates of foreign coin etc. The Assembly presented the persons who brought these petitions with copies of their resolutions against the President and Council etc. The Creek Indians having made several irruptions and murdered severall of the inhabitants, the Assembly resolved to build forts and raise men, but to defray the expence they proposed that bills should be re-issued and the sinking fund applied for that purpose etc. So here was nothing to be done etc. The next thing they took in hand was a memorial of Landgrave Smith who had so farr debased himself as to apply to the Lower House for relief, etc., complaining of the manner of his being apprehended, as if it had been anything new for the Millitary power to assist the civil to apprehend offenders who had formed a design of oversetting the Government etc., and complaining against the new Chief Justice, that he would not grant him a Habeas Corpus in Vacation at his Chambers etc., persons committed for treason expressed in the warrant being particularly exempted out of the Act from having the benefit of the Habeas Corpus in Vacation etc., and praying that they would declare him within the Habeas Corpus Act etc. The Assembly ordered a hearing on that Memorial, whereupon the President demanded copies of the memorial and their resolves thereupon, of which the Assembly took no notice, but on his demanding them a second time, they answered that they had ordered their Clerk to deliver the copies required etc. On Aug. 4th they ordered the Clerk of the Crown to produce the papers relating to Smith's commitment, and the Chief Justice to attend their House, which he refused etc. The President thereupon commanded the attendance of the House and ordered them to desist from intermedling with Smith's affair as belonging to the King's Courts only, and told them that he would not suffer the King's Prerogative to be violated. They however continued to examine Smith's memorial in regard to a Habeas Corpus and bail, whereupon the President agreed with the Council that they ought to be dissolved, but as we were daily under apprehensions of some irruptions intended to be made by some enemy Indians, from the Spaniards at Augustine etc., they were only prorogued etc. till 2nd Sept. The President having received several accts. of the murders committed by the Yamasee Indians on the Southern frontiers, they were summoned to meet again 23rd Aug. H.E. reminded them of their promise of taking effectual methods for guarding the frontiers etc. A Committee reported it absolutely necessary to raise 300 men, but they would raise no other fund but by re-issuing bills and applying the sinking fund till the war be ended. The majority of the Council were prevailed on to consent, against their inclinations, upon their agreeing to repay the money again out of the dutys, but Ralph Izard and Benjamin de la Consiliere dissented. H.E. told them that it was chiefly for this business that he had called them together, to which they answered that they never heard that Assemblys were confined to what they were to do, so they had without loss of time passed and sent up a bill for promoting and carrying of silver and gold and was a bill of so much consequence to the general welfare as to merit our consideration, nay, the passing of it would contribute to perfect the present expeditions. The title of this bill was to promote the currency of gold and silver by fixing the value thereof in the present paper currency etc. the Governor and Council rejected it as contrary to the Act, for ascertaining the. rates of foreign coin etc. and H.E.'s 17th and 29th Instructions, and informed the Assembly accordingly, signing their said reasons, and saying that they could not pass it without a saving clause, till H.M. pleasure be signified thereon. By their message of 21st Sept. the Assembly thereupon insolently arraigned the Council, charging them with arbitrarily imposeing upon them and destroying their undoubted privileges and introducing tyranny etc. The President and Council gave proper replies, but could not dissolve them, without first raising supplies and sending out forces against our Indian enemy, which they very well knew etc. On 21st Sept., 1727 they sent up another bill, to ascertain the value of the paper bills etc., the same in substance with the former etc. Described. The Council rejected it etc. This Assembly was closed with the passing the Act for carrying on the expeditions against the Indians, against which Mr. Ralph Izard and Benjamin de la Consiliere, two of H.M. Council, entered their protests, for that the moneys appropriated to those uses was to be taken out of the bills which by law were to be called in and sunk pursuant to the Lords Justices' orders. The President prorogued this Assembly to Nov., which was soon after determined by the demise of his late Majesty, and a new one called to meet Dec. 18, which could not be qualifyed by reason the severall writts were not duly published nor executed by the proper officers, and another Assembly called to meet 31st Jan., 1727. The President in his Speech recommended to them to provide for the charges for the year ensuing, and to provide for the security of their fellow subjects that lived on the Southern parts, who dare not live in their own houses, but were obliged to herd four or five famillys together to defend themselves against the Indians etc. He had lately been amongst them and done everything in his power, but unless something most lasting was done by this Assembly, they would be forced to leave their settlement etc. They showed a great deal of forwardness in proposing measures for this purpose, appointing guards to the water passages, sending scout-boats erecting small forts and batteries etc., and raising men sufficient for guarding the whole, which being agreed to by the Council, a bill for the better securing the Southern frontiers was sent up on 14th Feb., but at the third reading payment for the same by a public tax was rejected, and though the expedition against the Lower Creek was now laid aside and they had agreed the very last Sessions of the former Assembly that the dutyes when those expeditions were over should goe towards sinking the bills as by law appointed, yet they now resolved that the moneys ariseing by that sinking fund be applyed towards raising of men for the better securing the Southern frontiers. For this reason the Council unanimously rejected it etc. Next day they sent up a new currency bill, to ascertain the discount upon paper bills, the same in substance as the two former etc. The whole secret of all these bills and their other attempts of this kind is to defeat the Lords Justices' orders and their own law for sinking their bills of credit etc., or if they must be forced at last to sink them by degrees, they would have laws made to enable the debtor to pay off the creditor on Proclamation money at the rates they would now settle etc. All their projects about settling currency, and discount, establishing banks and making Jaws for tendring commodities in descharge of debts etc., all tend to the same one purpose, that as the generality of the people are got into debt by buying of negroes beyond their abilities, they would screen the debtors from their creditors etc. The populace never failed to send such Representatives as will best answer the debts they send them for. After they had sat for eight weeks, the President reminded them of his message, 23rd Feb., as to providing for the security of the Southern frontier etc. But the Assembly insisted on their discount bill etc. The Council sent reasons why they could not pass it, whilst the Assembly insisted upon settling their paper currency. The President refused their request for an adjournment and let them know that he would make no more breaches on the sinking fund etc. Upon this they desired the sending of the expedition of 300 men against the Creek Indians when there was no occasion for it, (they were brought to terms without it) in order to draw the moneys out of the sinking fund, which the President refused. They then made a show of raising a tax, but delayed the second reading of the tax bill, endeavouring to weary out the Council, appointing Committees to consider bills about every trifle, and then, 12th April, sent up another currency bill, to promote the importation of gold, of the same stamp with their silver bill, to force creditors to take it at the price set upon it by their act and the prices made perpetual. After adjournment till 1st May, the Council let them know that their further neglecting to pass the tax bill would as we believed be looked upon by your Majesty as a designe to distress the Government, nevertheless the majority of the Council, three against two, in order to try to get a supply for the support of the Government did agree to submit the good or evil of that bill, to your Majesty and therefore passed it once with a saving clause (dissenting R. Izard and B. de la Consiliere) etc. but the Assembly rejected the saving clause. Wherefore the Council rejected the bill and acquainted them that we should not pass the bill for altering the currency or any ways affecting the property of any of your Majesty's subjects without such a clause etc., and urged to make provision for the support of Government etc. In reply, they said they had been busy investigating the deficiencies of the last year's tax etc., and insisted on their currency bill, and arraigned the President and Council for distressing H.M. subjects. The President and Council replied etc. and desired to know whether they would pass the tax bill or not? Delay would be regarded as a denial etc. The Assembly paid no regard to this message, and, instead of granting supplies, resumed the affair of Landgrave Smith, complaining of Chief Justice, Richard Allein, for not granting him a Habeas Corpus, and summoning him to justify himself at the bar of the House. He refused, explaining that it was an affair not cognizable before them etc. The Assembly resolved that this was an affront to their House and ordered him to be taken into custody, even though he was attending on the President and Councill. Their Messenger abruptly forced open the door of the Council Chamber and endeavoured to force him from the Council table, without even acquainting the President with his errand. Where upon the President ordered him downstairs, which proceeding the Assembly resolved was arbitrary and an unprecedent infringement of their liberties. Whereupon they were dissolved and another Assembly called for 9th July. This met with the same temper as the last, chose the same Speaker, and the greater part of them the same members. At their presenting the Speaker, instead of desireing as was usual he demanded a conservation of the same rights and priviledges which Parliament of England and former Assemblies of this Province had enjoyed time out of mind, and so preposterously joines prescription of this Colony to that of your Majesties Kingdom of Great Britain, when 'tis a point settled that none of your Majesties Colonies ever had as yet a right to prescribe etc. The President told them, that as he did not intend to invade their priviledges, so he desired them not to invade his. He desired them to provide for the public debts and safety by a tax. He informed them that he should lay before them a letter from the Commander of Fort Moore stating that the garrison had given him notice that they designed to leave it next month, and that he himself designed to do the same, and that no doubt the other garrisons under public pay would follow their example unless timely prevented by due payment. He likewise acquainted them that there was a scheme before the Lords of the Admiralty for making Port Royal Harbour a place of rendezvous for H.M. ships of warr in America, in case a channel were found deep enough to receive them, and of how great benefit and advantage it would be to the Colony. In reply they promised fair and the survey of the Harbour was agreed to and is now performed. But they resolved not to consider of means to raise a supply, and revived a currency bill for setting a rate on foreign coins as before, and to allow these to be paid for duties instead of their additional bills of £40,000 and ordered to be sunk, and so entirely overset their sinking law etc. Wherefore the Council rejected it, July 19 and 20. They desired adjournment, but the President reminded them of provision for support of Government. Whereupon they adjourned to Monday, but in manifest breach of all rule and order, never after met againe, save two or three at most with their Speaker, who on the 24th also absconded themselves. The President with the unanimous advice of the Council therefore dissolved them, 27th July. On 7th Aug. new writs were issued for calling an Assembly 17th Sept., where the President and Council attended their coming, from 18th to 21st. But no sufficient number of them appeared to constitute a House. The President being willing rather to attribute the same to sickness or accident then to any contempt offered to your Royal authority, prorogued them by two several prorogations unto 20th Nov. following, when he and the Council again attended till 23rd, but the majority of the Assembly absented themselves of set purpose, so that the rest could not constitute a House. He therefore dissolved them by proclamation etc. Pray H.M. to send a Governor with Instructions deemed necessary to put a stop to such insolent proceedings etc. Signed as No. ii (5 torn). Same endorsement. Abstract. 44 pp. [C.O. 5, 360. ff. 92, 93v.–100, 101v.–103v., 104v., 105–149 (recto only), 150v.]
July 3.
Whitehall.
808. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Request payment for Office expenses and Officers' salaries for quarter ending Midsummer. Accounts annexed. [C.O. 389, 37. pp. 302, 303.]
July 3.
St. Christ-
ophers.
809. Governor Lord Londonderry to the Council of Trade and Plantations. Encloses duplicates of all acts passed at St. Christophers since his arrival (i) for settling £2000 pr. ann. current money on himself during his Government; (ii) laying duties on sugars, molasses and other goods of the growth and manufacture of this island exported etc., (iii) for supplying a defect in an Act passed this year for levying duties on sugars etc. (iv) for raising a tax on negroes by the poll for and towards the erecting a Court-house in Basse-terre, (v) to regulate the militia, (vi) for raising a tax on negroes and other slaves and on the value of house-rents in the severall towns within this island and for building a wall to compleat Charles Port and the other fortifications, (vii) for establishing a market at Basseterre, Sandy Point, Old Road and Deep Bay, and for ascertaining the prices of meat etc. Continues:—I also enclose a duplicate of the Minutes of Council Oct. 24, 1727 to Feb. 15, 1728 etc., and a transcript of the Minutes of Council from that time to 31st Dec, 1728, as also the Minutes of this Assembly from 24th Oct., to 19th Dec. 1727, and another transcript thereof from that time to the 31st Dec, 1728 etc., to which time I have ordered the Secretary, and his respective Deputies, as well as the Clerks of the respective Assemblies of these Islands, to compleat their Minutes, and that for the future they do, on pain of being suspended from their offices deliver me every six months copys of the Minutes of the Council and Assemblys with duplicates thereof in order to be transmitted to your Lordships in a more regular manner that I find has hitherto been done in this Government, and I shall take care to see they comply with my directions. Refers to enclosed list (No. i). Continues:—As Mr. Smith and Mr. Douglas, the two first I have brought into the Council agreable to my Instructions, I desire leave to add to the list Gilbert Fleming and Abraham Paine Esqrs. to keep the number up to six etc. I placed Mr. Smith in the room of Mr. John Willett, who before my arrivall here had resigned his seat at that Board, but however finding him still in H.M. Instructions to me, and a very worthy capable man, I endeavoured to prevail with him to return to his station but in vain, he having determined to concern himself no more with publick affairs. The number of the Council by the departure of Major Milliken for Great Britain, to continue there the residue of his life, again falling under seven, I appointed John Douglas Esqr. of the Council in his stead pursuant to my Instructions on that head, he is a gentleman of fortune and merit and every way qualified for it etc. Prays that he may be confirmed, and that, Col. William Byam, one of the Council of Antigua being dead, the first in the list sent may be appointed, and that John Gunthorpe may be added to that list etc. Signed, Londonderry. Endorsed, Recd. 10th Sept., 1729, Read 13th Oct. 1730. 2 pp. Enclosed,
809. i. (a) List of Councillors of St. Kitts, showing one dead, one resigned and five in England.
(b) List of persons fit to fill vacancies :—Wavell Smith, John Douglas, Ashton Warner, Drewry Ottley, Thomas Butler, John Greatheed. Endorsed, Recd. 10th Sept., 1729.¾p.[C.O. 152, 18. ff. 136, 136v; 137v;.–138v.]
July 8.810. Council of Trade and Plantations to the Queen, Guardian of the Kingdom etc. In obedience to H.M. Order in Council, 22nd May, report upon Lord Micklethwaite's petition, that, having discoursed with petitioner, he informed them that he had no salary for executing the office of Secretary of Barbados, and that the profits accruing to him from his said office, did only arise from such reasonable fees, as had for many years before been usually taken in the said office. Continue —We therefore humbly beg leave to propose to your Majesty that his account (annexed) be transmitted to H.M. Governor of Barbados, and that he with the Council do examine and settle the same, and that the payment of what shall be found due, upon proper vouchers, according to the usual and accustomed fees given upon the like occasions be recommended to the Assembly for immediate payment thereof. [C.O. 29, 15. pp. 110, 111].
July 8.
Whitehall.
811. Council of Trade and Plantations to the Duke of Newcastle. Having received an Address from the Council of North Carolina, relating to the conduct of the Governor of that Province, which contains matters of a very extraordinary and heinous nature, we thought it our duty without loss of time to transmit it etc. to be laid before the Queen etc. Autograph signatures. Endorsed, Copy sent to my Ld. Townshend. 11th July, 1729. 1 p. [C.O. 5, 306. No. 15.]
July 8.
Whitehall.
812. Mr. Popple to Mr. Carkesse. Again requests repl to 20th May. [C.O. 195, 7. pp. 244, 245.]
July 8.
Whitehall.
813. Council of Trade and Plantations to the Duke of. Newcastle. Enclose Address from Council of N. Carolina relating to the conduct of the Governor, "which contains matter of a very extraordinary and heinous nature," to be laid before H.M. etc. Printed, N.C. Col. Rec. III. 25. [C.O. 5, 1294. p. 3.]
July 9
Whitehall.
814. Mr. Popple to Governor Hunter. Acknowledges letter of 3rd May. Concludes:—It is with great satisfaction that my Lords Commissioners observe what you have done towards putting the Island under your command into a state of defence. [C.O. 138, 17. p. 274.]
[July].815. Mr. Yeamans to Mr. Popple. Designing to write very shortly to the Assembly of Antigua, I should be glad to know the resolution of my Lords Commissioners on the printing our body of laws, a copy of which I had the honour to lay before them. Signed, John Yeamans. Endorsed, Recd., Read 9th July, 1729. Addressed. 1 p. [C.O. 152, 17. ff. 79, 80v.]
July 9.
Whitehall.
816. Mr. Popple to Mr. Yeamans. In reply to preceding, I am commanded to acquaint you, that the body of Antigua laws, which you lately brought to this Office, not having the seal of the island affixed thereto, cannot be looked upon as authentick : and therefore I am to desire you to send the laws back again to the said Island, that they may be returned properly examined, and under the Seal of the Island. [C.O. 153, 15. pp. 26, 27].
July 9.
Whitehall.
817. Council of Trade and Plantations to Governor Montgomerie. Acknowledge letter of 30th Nov., and 20th April last. We have read the Minutes of Assembly of New Jersey to which you refer etc., and tho' their manner of proceeding may have been somewhat indiscreet, we are of opinion that H.M. subjects especially when they are legally met in Assembly should not be discouraged from applying to the Crown by Address. Intend to let the Act prescribing the forms of declaration etc. lie by probational etc., but to offer that for triennial Assemblies for H.M. disallowance as it is certainly a restraint upon the Prerogative, as also that for appropriating a part of the interest money etc. to the incidental charges of the Government, unless they hear soon that the Assembly has repealed the last clause. Printed, N. J. Archives, 1st Ser. V. 247. [C.O. 5, 996. pp. 259–262.]
July 9.
Custom ho.
London.
818. Mr. Carkesse to Mr. Popple. In reply to 20th May and 17th June, encloses following. Signed, Cha. Carkesse. Endorsed, Recd., Read 10th July, 1729. Addressed. ½p. Enclosed,
818. i. Instructions by Commissioners of Customs to the Collector at Poole, as to duty upon train oil. 13th Feb., 1727.
818. ii. Instruction by Same, explaining above. Train oil caught in any ships truly belonging to Great Britain and imported in such ships is exempted from duty. Train oil taken and imported in ships belonging to H .M. Colonies pays 6s. pr. ton, taken by shipping belonging to such Colonies, but imported by ships belonging to Great Britain pays 3s. per ton. Copy. 2 pp. [C.O. 194, 8. ff. 214, 215, 216, 219v.].
July 10.
Whitehall.
819. Mr. Popple to the Mayor of Pool. Enclose copies of preceding, "which their Lordships hope will prove satisfactory." [C.O. 195, 7. pp. 245, 246].
July 10.
Kensington.
820. H.M. Commission (by Queen Caroline) to Watson. Jones to be Commissary of the Musters at Canso and Plaeentia. Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 129,130]
July 10.
Marlbro.
Street.
821. Col. Hart to the Council of Trade and Plantations. Abstract. Has considered Lord Londonderry's proposal for settling Sta. Cruz (v. 15th April). All acquisitions of land to the publick, either on the Continent, or in the islands of America are to be embrac'd, especially since all the States of Europe, who have Colonies in those parts, endeavour to prevent the extending the Brittish Dominion there etc. For a description of Sta. Cruz refers to his letter of 12th July, 1724. [As to H. M. title to settle a Colony there.] Continues :—It is a great misfortune that by the island of St. Christophers being so often taken by the French in the late wars, all records were destroy'd ; and it was from that island the English nation formerly made any settlements on the island of St. Cruz,—so that we have only tradition for any former settlements thereon ; nor is there any author of the Brittish Nation, I am acquainted with, treats of that matter so clearly, as to lay a foundation to the Crown, for an indisputable title to that island. The Atlas Geographus, is the author that is most particular in this point; volume the 5th page 538, which I take the liberty to lay before your Lordsps. etc. However uncertain our accounts are as to our former right of possession, it is notorious that the late French King, in order to encrease his Colony on the island of Hispaniola, now called St. Domingo, laid his commands, which were executed, in 1671, for the transporting all the inhabitants from St. Cruz thither : together with their moveables : Besides their houses and other immoveables were appraised at the full value, and paid to the inhabitants at their departure : and double the extent of land, they were possessed of in St. Cruz, given them in Hispaniola etc. The French on quitting of St. Cruz demolish'd their forts, and left not one inhabitant upon it. From 1671 to this time there has been no regular plantations on the island by any nation whatever; and as it lyes to the westward of Porto Rico, is undoubtedly included in the Commission from the Crown to the respective Governors of the Leeward Islands ; and has ever been so deem'd and understood by them ; but have never granted any patents for the making of plantations, for want of orders from the Crown. Submits, whether upon the French leaving that island desolate in 1671, it was not free, by the law of Nations, to the first occupier who should cultivate and improve the same, and whether H. M. has not now the sole right of making such settlements as in his wisdom he shall think fit, from his asserting his right to that island, by his commissions to his Governors of the Leeward Islands ; who have instructions to suffer no other nation to settle thereon ; which have been punctually observ'd ; accordingly the Brittish subjects are the only traders there ; and several wood cutters constantly dwell thereon. Signed, Jo. Hart. Endorsed, Recd., Read 10th July, 1729. 3¾ pp. [C.O. 152, 17. ff. 81–821v, 88 v.]