America and West Indies
July 1715, 16-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1928

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235-253

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'America and West Indies: July 1715, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 28: 1714-1715 (1928), pp. 235-253. URL: http://british-history.ac.uk/report.aspx?compid=73965 Date accessed: 25 July 2014.


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Contents

July 1715, 16-31

July 16.
Whitehall.
522. Wm. Pulteney to the Council of Trade and Plantations. Encloses following. Continues:—No state either of the clothing or the effective men of the garrisons of Annapolis and Placentia have as yet been transmitted to me etc. Signed, Wm. Pulteney. Endorsed, Recd. 16th, Read 18th July, 1715. ¾ p. Enclosed,
522. i. List of Officers at Annapolis Royal belonging to the four Companies etc. ¾ p.
522. ii. List of Officers belonging to the four independent Companies at Placentia. ¾ p.
522. iii. Establishment of the Garrisons at Annapolis Royal and Placentia. [C.O. 217, 1. Nos. 129, 129 i.–iii.; and (without enclosures) 218, 1. p. 251.]
July 18.523. Abel Kettleby and other planters and merchants trading to Carolina to the Council of Trade and Plantations. We beg leave humbly to represent the deplorable condition of that Colony, and that unless it is speedily reliev'd, it must inevitably perish, and all H.M. subjects there fall a prey to their barbarous enemys. Most of us have great debts and effects there, some of us large plantations, and the loss of these wou'd be considerable; but when we reflect upon the ruine of so flourishing, so hopeful a Province, a Province that has for so many years taken off so much of our English manufactures, and brought such a large revenue to the Crown by the dutys upon rice, skins, pitch, tar and other naval stores and commoditys imported from thence, and yet from the first settlement of it, has not put the Crown to one penny expence, when we reflect upon the loss of so many Englishmen's lives, persons who have always behav'd themselves dutifully to the Crown and never by any Act forfeited their right as subjects to a protection, and yet are now in imminent danger of being massacred by savages, and perhaps of being rosted in slow fires, scalp'd and strick with lightwood, and other inexpressible tortures, when we reflect upon this general revolt, this concerted defection of ye sevl. distant Indian Nations, who never yet had policy enough to form themselves into alliances, and cou'd not in all probability have proceeded so far at this time, had they not been incourag'd, directed and supply'd by the Spaniards at Fort Augustin, and the French at Moville, and their other neighbouring settlements, that Carolina being the frontier of all the other English settlements upon the Continent, if that shoul'd miscarry, all the other Colonys wou'd soon be involv'd in the same ruin, and ye whole English Empire, Religion and Name be extirpated in America. Appeal for immediate relief. According to our latest advices, our men, who at first were successfull against the Indians, being at last over-fatigued and harrass'd with their marches and counter-marches in the woods, have been defeated in two several engagements, and the Indians have posted themselves at Ediston River to the Southward, and at Goose Creek to the Northward, in the very midst of our settlements, so that Charles Toun, the only defencible place in the Province, is in a manner block'd up, and the enemy in the mean time exercises a licentious cruelty in ravaging, burning, murdering and torturing all before them. The Toun being fortify'd, may perhaps hold out some months, but in what a miserable condition must the poor people be, drove from their plantations, imprison'd between mud walls, stifled with excessive heats, oppress'd with famine, sickness, the desolation of their country, death of their friends, apprehension of their own fate, despairing of relief, and destitute of any hopes to escape. They have indeed sent to New England, to buy some arms and ammunition there, of which they are in very great want, and the Lords Proprietors have sent order to their Receiver to apply all their effects in his hands to the use of the publick, and have likewise given direction that several hundred pounds worth of goods, which have been lately remitted to them here, shou'd be sold and the produce thereof immediately sent back towards their assistance. These indeed are great instances of generosity and goodness in their Lordships, but the enemy is above 12,000 strong, plentifully furnish'd with arms, ammunition, and provisions and assisted by the French and Spaniards as we have reason to apprehend; and the English not above 2,000 able to bear arms, their negros not above 16,000, some of which might be arm'd in our defence, if we had any arms to supply them withall. But in that too, there must be great caution us'd, lest our slaves when arm'd might become our masters. In this exigency therefore we have nothing left to do but to throw ourselves at H.M. feet etc. Refer to General Nicholson's estimate of arms etc. needed. We think some harquebusses and drakes shou'd be added, besides what the General has mention'd, because according to our last accounts, there will be a necessity of erecting forts near the out settlements, for our future security. There is a ship now lying in the River of 100 tons burthen ready to sail to Carolina, and only stays at our request for the immediate transportation of such arms and ammunition as H.M. will graciously please to furnish us withall. This with some new assurances of a speedy reinforcement of men, may, we hope, encourage them to hold out a little longer, but if this ship shou'd go thither in ballast, and bring them nothing more solid than words or promises, we are apprehensive, despair would suggest to them that their miseries, tho' known here, were not duly regarded, and that there was no prospect of any timely relief, and that their only way was at once to desert the Province, and each one shift for himself. What the consequences of this wou'd be to all America, we leave to your Lordships' consideration. As for the number of men, we think 800 will be at least sufficient, and that they need not stay there longer than 18 months. In that time our out forts may be made defensible, and our savage enemys pretty well reduc'd, the country re-established, and the planters inabled to reap the fruits of their labours, and if there shou'd be any farther occasion for them, we hope, the country by that time may be in a condition to subsist them. It will be impossible for the country so impoverish'd at present, to do anything towards paying or subsisting the soldiers, but if they are supply'd hence with a sufficient quantity of meal, there can be no want of other provisions, all parts of the country abounding with plenty of the best sorts of flesh, fish and fowl. What number of ships will be sufficient to transport these soldiers thither, we must submit to your Lordships' judgement. We humbly apprehend, that it will be proper for H.M. to order a proclamation to be publish' in all the English Colonys, prohibiting any person under penalty of death, to furnish the Indians that now are, or hereafter shall be at war with us, with any manner of warlike stores, guns or gunpowder. Nothing but the utmost expedition can save us, etc. Signed, Abel Ketelbey, Joseph Boone, and 22 others. Endorsed, Recd. Read 18th July, 1715. 1 large p. [C.O. 5, 1264. No. 150; and 5, 1292. pp. 445–454.]
July 19.
Whitehall.
524. Council of Trade and Plantations to Mr. Secretary Stanhope. In obedience to H.M. commands signifyed to us by your letter of the 7th inst., and in consequence of the discourse we lately had with the Lords of the Cabinet, relating to the invasion and hostilities committed by the Indians on South Carolina, we have considered the letters from Mr. Craven, Colo. Spotswood and others, and have several times confer'd with the Lords Proprietors as well as the principal Planters of, and merchants trading to that Province; from all which we are fully convinc'd, that the dangers of it are such as require a speedy and effectual relief; the inhabitants being driven from their plantations, and in a manner blocked up in the only strong place there, which is Charles Town; those capable of bearing arms not being above 1,500 men, and as we are inform'd have now nothing but the sea open to them. Finding that the Proprietors are not able, or at least not inclined, at their own charges, either to send the necessary succours upon this exigency, or to support that province under the like for the future, we propos'd to them to surrender that Government to the Crown, as the surest way to protect H.M. subjects there, and to secure their own properties; to which as we cou'd not engage them, we humbly submit how far it may be proper for H.M. to take the preservation of so valuable a Province upon him at this juncture; and the rather because the Bahama Islands have been lost to the public, by the neglect of these Proprietors. The situation of Carolina, makes it a frontier, as well against the French and Spaniards, as against numerous Nations of Indians, which last at the instigation of the former, seem to have enter'd into a general Confederacy against all our other Plantations on the Continent, who have scarse strength sufficient to defend themselves, in case they shou'd be attack'd. The produce of this Colony are Naval Stores, vizt. pitch and tar in good abundance and some masts; rice of the best kind; and considerable quantities of skinns, which by the trade thereof, and the duties on their importation here, are very beneficial to this Kingdom, and occasion an augmentation of H.M. Revenue. If the Government of this Province, and particularly the Indian trade, were under a good regulation, there is no doubt, but it might be better secured, and considerably improv'd; But the ill usage of the Indians by the traders, of which we have had sevl. instances, and their trusting them for too great quantities of arms and ammunition at exorbitant prices, whereby the Indians are become very much in debt to them, dispairing of being able fairly to discharge the same, we apprehend may have given occasion for this universal revolt. We now take leave to lay before you, what it is the Proprietors and Planters desire vizt., 300 barrils of powder, 1,500 musquets with bayonets, 40 cohorn mortars with hand granado's, and 6 small field pieces or harquebuses, and 500 men. Towards the transportation of which, the Proprietors say there is only one ship of 100 tons ready; and towards the payment thereof, they have only some rice lately arrived, which they hope to sell for about £400 sterl. This, they are willing to engage for the payment in part of the abovementioned particulars, but do absolutely refuse either to mortgage their Charter, or to surrender their Governmt. to H.M., unless H.M. be pleas'd to purchase the same. They inform us, that the Assembly of Carolina have sent effects to the value of £2,500 that country money, to New York and New England for providing arms and ammunition; and the Proprietors have given directions to their Treasurer in Carolina, to disburse what money he may have in his hands for the same purposes; But by such information as we are able to get, there will not be sufficient quantities to be had in either of those Provinces. In our discourse with the Proprietors a difficulty occurring to us, in relation to the command, in case H.M. be pleased to send any soldiers thither, they declared they expected their Govr. shou'd have the command of them. And as to their subsistance, we find they must be victualled at least for 12 months, the country being now so destroyed by the Indians, that the inhabitants cannot under that time repair and cultivate their plantations and reap the benefit of their crops. Autograph signatures. 5 pp. [C.O. 5, 383. No. 1; and 5, 1292. pp. 454–459.]
July 20.
St. James's.
525. Warrant from the Lords Proprietors of Carolina to Wm. Rhett, Receiver General of South Carolina, to pay £100 current money to Edward Marston, as recompence for several hardships and inconveniences he underwent during his residence there. [C.O. 5, 290. p. 88.]
July 20.
Whitehall.
526. Council of Trade and Plantations to John Roos, H.M. Seal-cutter. Warrant for preparing new seals for the Plantations, in detail, (cf. C.S.P. 1705. Nos. 1089–1097). [C.O. 324, 10. pp. 76–79.]
July 22.
Whitehall.
527. Council of Trade and Plantations to Lt. Governor Caulfeild. Acknowledge letters of 3rd and 12th Jan. Continue: —As to the ill condition of the Garrison, we have represented that matter to H.M., and are informed that a supply of provisions is now accordingly sent by the ship that brings you this. We desire you will let us have an account, by the first opportunity of the present state of the Province and Garrison, under your care. And in order to the giving proper directions for the further improvement and preservation of the Colony, we must further desire your answers with all possible expedition upon the following particulars, vizt.: What lands there are in Nova Scotia, fit for corn, and particularly what quantity of wheat it is capable of producing ? In case the French inhabts. shou'd remove, and H.M. be pleas'd to make grants of the lands and tenements near Annapolis, wou'd not that be a means to resettle those parts in a short time, and upon such settlement might not the garrison there, be subsisted upon the spot after a while, without supplies from New England or from hence ? What quantities of trees are there fit for masts, timber or for producing pitch and tar, and how are such trees situated, with regard to any rivers or the sea for water carryage, particularly from Cape Sable to the Gut of Canco ? What method can you propose for gaining and preserving the Indians to our interest, particularly those of Penobscot and the Eastern Indians ? And lastly, we desire you to inform yourself as exactly as possible, of the state of the French at Cape Breton in every respect, particularly with regard to the soil, the produce, the fishing, how fortifyed, and their number of men, and to transmit to us the fullest accot. you can thereof; and so from time to continue the same. [C.O. 218, 1. pp. 252–254.]
July 25.528. Mr. Bridger to the Council of Trade and Plantations. Explains the qualifications required for a Surveyor of H.M. Woods in America. Signed, J. Bridger. Endorsed, Recd. 25th, Read 27th July, 1715. Addressed. 1½ pp. [C.O. 5, 866. No. 49; and 5, 914. pp. 62–64.]
July 25.
St. James's.
529. Order of King in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Ja. Vernon. Endorsed, Recd. Read 11th Aug., 1715. ¾ p. Enclosed,
529. i. Address of the Council and Burgesses of Virginia to the King. Your Majesty's Revenue of 2s. per hhd. on all tobacco exported out of this Colony and tonnage and head money, which is the only Revenue appropriated for the support of this Government by the great decay of the Tobacco trade occasioning a proportionable decrease of the expence, is so sunk, that it is no longer able to defray the established salaries and other both ordinary and extraordinary charges of the Governmt., but is now considerably in debt and the officers' salaries unpaid. Upon a diligent search of precedents how the like deficiencies have been made good in former times, we find that King Charles II., 1684, was graciously pleased to declare his Royal intentions to apply all the profits and advantage accruing by the Revenue of quit-rents of this Colony for the better support of the Governmt. thereof, and that accordingly the deficiencies of the 2s. per hhd. have been always supplied by your Majesty's Predecessors, out of the said fund of the quitrents, which for that purpose was reserved in this countrey ready for all emergencies of this Governmt., till about nine years ago, that the same was called into the Exchequer in England. We humbly pray your Majesty will therefore be graciously pleased to direct the quit-rents of this countrey back into their old channele, and that out of them the present deficiency of the Revenue may be made good, with power also to your Majtys'. Governor, with advice and consent of the Council to apply the same for answering any sudden emergencies where your Majesty's service might suffer for want of a more timely supply, than application at so great distance will admit, subject nevertheless to be duly accounted for as formerly to your Majesty. Virginia, Dec. 17, 1714. Signed, Robert Carter, James Blair, Phil. Ludwell, John Smith, John Lewis, Wm. Byrd, Mann Page; Peter Beverley, Speakr., Wm. Barbur, Nicho. Meriwether, Hen. Fitzhugh, Jno. Robinson, Saml. Harwood, Jno. Stanup, Wm. Allerton, G. Elkridge, G. Marable, Wm. Armstead, E. Goodrich, Littlebury Epes, Jno. Simmons, Wm. Wright, Wm. Ball, Fra. Epes, junr., John Waller, M. Bough, Tho. Godwin, John Waugh, W. Bridger, Jos. Godwin, John Bolling, Fra. Gouldman, Ch. Robinson, Wm. Waters, John Hawkins, Wm. Buckner, Richd. Neale, Cha. Flap, Tho. Walke, Jno. Holloway, Geo Newton, Mord. Cooke, Wm. Harwood, Jno. Hamlin, Hen. Soane, junr. 2 pp. [C.O. 5, 1317. Nos. 3, 3 i.; and 5, 1364. pp. 230–234.]
July 25.
New York.
530. Governor Hunter to the Council of Trade and Plantations. With this your Lordships will receive an Act of Assembly of this Province for settleing a Revenue for support of H.M. Government for five years, and another for a General Naturalization, of which be pleased to take the following plaine and true history. Finding that the Naturalization Bill was ye block laid in ye way of the Revenue, and that by ye expulsion of Mr. Mulford that part of the House which was in earnest about it had got the majority, and haveing represented to both houses as the best meanes to carry that Bill that it should either be sent home to H.M. for directions to me to pass it, or a clause added for suspending its force untill H.M. pleasure should be known, I say haveing strongly insisted upon these methods to noe purpose I at last asked them what they would doe for the Government if I should pass it in their way since they did not like mine. I asked nothing for myselfe, tho they well knew that I had offers of severall thousands of pounds for my assent. They at last agreed that they would settle a sufficient Revenue for the space of five yeares on that condition. Many rubbs I met with, but at last with difficulty carryed it through both parts of the Legislature and assented to both at the same time. If I have done amiss I am sorry for't, but what was there left me to doe, I have been struggling hard for bread itselfe for five yeares to noe effect, and for four of them unpittied. I hope I have now laid a foundation for a lasting settlement in this hitherto unsettled and ungovernable Province, as your Lordpps. may be further informed by some remarks which I shall make on the Bill. The maine objections which I find are made by those who are noe freinds to the thing as well as opposers of the Bill are these, first that the Assemblymen's allowances are to be paid out of ye Revenue. I wish they had beene always soe, which would have made it noe hard taske to settle a Revenue, but the Assemblymen being by a former Act (approv'd by her late Majesty) paid by a County Tax, the keeping matters unsettled created a necessity of their frequent meetings, by which meanes they were gainers, and the Government starved. I did all I cold to have these allowances thus paid dureing the whole time for which the Revenue is settled but was forced to take up with this as a tryall for one yeare, which makeing an interruption in the old method of payment, and being a considerable ease to the countys I make noe doubt but ye Members will returne instructed to continue this method by an Act and to repeale ye other which has beene of soe pernicious consequence to the Government and People. Besides this is in conformity to my Instructions; for in these relateing to Jerseys (where there was noe settled Revenue) I am directed to use my endeavour to procure an Act for a Revenue, and in that Act to take care that due provision be made for the contingent charges of Councill and Assembly; If the Councill here are soe self-deny'd as to decline such allowances, or not to insist upon't, I am ye more oblig'd to them and it is their own consent has excluded them, neither has there beene any president for such allowance here. The other objection which may be made but was not offer'd as an amendment by the Councill, and which has indeed more weight in itt, is, That the money is lodg'd in the Treasurer's hands. For this I have to say that it was done by the Receiver Generall's consent and approbation who I must own to his praise had ye vertue to give the casting vote (being Chairman of ye Committee) against all ye amendments which were offer'd and intended to destroy the Bill. He has his sellary and perquisites of his office as before, the last increas'd, and is only eased of some trouble and expenses. The strikeing of money bills to ye vallue of £6,000 for the present uses mentioned in the Bill, and these Bills being lodg'd in the Treasurer's hands (noe Act cold lodge them otherwise) to be sunck yearely at ye rate of £1,200 pr. annum made it necessary that the money should be soe lodged that was to sink 'em. In the next place the Naturalization Bill in it's long preamble speaks sufficiently for itselfe, and if it be an Act that may receive H.M. approbation, I am very confident it will have this good effect, that it will unite the minds of by much the majority of the people here who are most considerable either for trade or estate in a thorough good disposition for his future service. If it may not, I can see noe harm in suffering it to lye upon yr. Lordships' table for some time. The other Act relateing to sales by vendue or auction I think has little to be said for it or against it otherwise than as ye parties who are interested shall chance to offer it. The shopkeepers of New York are for it, the generality of others against it, soe I leave it to your Lordships, and have passed it as an Act which had ye approbation of ye two parts of three of this Legislature without inquireing strictly into any of its consequences, but I must affirm that those who get most by it have deserved least of this Government. Severall other Bills lye before me for my assent which shall be (soe many as shall receive it) transmitted to your Lordships by the next conveyance. The long Session here has obliged me to adjourne the Assembly in the Jersyes till harvest is over that is to ye 1st of September. What is called ye Western Division in that Province is in danger of confusion by the meanes of Mr. Cox and his party. The (enclosed) paper will inform your Lordpps. in part of their present disposition (v. No. 531). The Grand Jury have presented and the Justices bound over ye signers and promoters of it. When the affaires in this Province shall give me leave to attend these in the other, I'm confident I shall make all easey there, there being noe reall ground for their uneasiness, unless it be in their nature for they are all from New England who have sign'd it. But whether they be a true sample of the body of the people there, or only a lott of unquiet and restless men who cold be easy noe where and soe left that Province for this, I cannot determine, but this I confidently affirm, that all ye opposition and vexation I have met with in both these Provinces has beene in a great measure oweing to those who have come to us from that. I have sent messengers to our Five Indian Nations to perswade them to make warr upon these who have lately attacked Carolina, as also to ye Indians on Sesquahanna to encourage them to goe on in their attempts upon 'em, these have lately brought home 30 prisoners. This I take to be the effectual way to put an end to that warr. I shall acquaint your Lordpps. with ye result. It is matter of wonder that hitherto noe effectual method has beene thought of for uniteing the divided strength of these Provinces on ye Continent for the defence of the whole. Since ye writeing of what is above I have resolved by ye advice of ye Councill to goe myselfe to Albany to meet the Deputies of our Five Indian Nations, as well to perswade them to interpose in ye Carolina warr as to prevent some confusion created amongst them by some turbulent Palatines settled neare them contrary to my exprest orders and proclamations. One Jean Conrad Weizer who was ye leader of that sedition which obliged me to march with a force to disarm them, is ye chiefe promoter of this, hee with his crew has pulled down a man's house in ye neighbourhood, is since fled to Boston. I have wrote by ye advice of ye Councill here to have him apprehended there in order to his being brought to Justice for a terror to ye rest. He gives out that he is bound for England instructed by ye Indians. I most humbly implore your Lordpps.' assistance for releife in my severall sufferings with which you are not unacquainted and which, but for the hopes I have built on your justice and generosity, would be insupportable. P.S. The other Acts past this Sessions and which shall be transmitted by the first conveyance after they are engrossed are, (1) An Act for appointing an Agent and directing ye Treasurer to pay 500 ounces of plate yearely to John Champante Agent, etc. (2) An Act for continueing an Act for appointing Commissioners to lett to farme the Excise, etc. (3) An Act continueing an Act to prevent ye runing away of negroe slaves out of ye City and County of Albany to ye French at Canada. (4) An Act for ye better repaireing ye fortifications of Schenectady, etc. (5) An Act continueing an Act for ye easier partition of lands in joint tenancy, etc. (6) An Act for ye Treasurer's paying severall persons, and for paying the excise in arreare to ye Treasurer. (7) An Act to relieve Robert Lurting vendue master of New York of divers penalties in the Act for laying a duty on goods sold by publick vendue or outcry. (8) An Act for building a County House and Prison in Dutches County. (9) An Act for relieveing ye inhabitants of South Carolina from ye duties laid and paid in this Colony of New York for goods, slaves etc. imported into this Colony dureing six months. (10) An Act to oblige ye inhabitants of each particular ward within ye City of New York to make good their respective quotas of all publick taxes. (11) An Act for ye better repaireing the fortifications of ye City of Albany, etc. (12) An Act for ye destroying of wolves in ye County of Orange. (13) An Act for repaireing ye County House and Prison in ye County of Ulster. (14) An Act declareing John Sloss free from the duty of tonnage. (15) An Act to exempt Hannah Martin, Doctor Christian Cooper and Mr. George Smith from payment of ye tax for 12 negroes imported from South Carolina. (16) An Act to enable Sarah Crego, widow etc., to sell a lott of land in New York. (17) An Act for dischargeing Capt. Peter Van Brugh and Hendrik Hensen of Albany for the provisions and stores of warr formerly in their hands, etc. Refers to his appointment of Lewis Morris as Chiefe Justice. Continues:—He haveing by his labours and industry in the Assemblys deserved well of the Government, and to that it is in a great measure wee owe our present settlement, soe I humbly entreat your Lordpps. not to give way to any applications in favour of any other; And that you will be pleased to recommend George Clarke Esq. Secretary of this Province, to H.M., to fill Mr. Mompesson's roome in ye Councill here, he haveing a power in his patent to execute his office by a Deputy. Signed, Ro. Hunter. Endorsed, Recd. 29th, Read 31st Augt., 1715. 11 pp. [C.O. 5, 1051. No. 3; and 5, 1123. pp. 320–332.]
[July 25.]531. Copy of presentment of the Grand Jury of Salem of the signatories to following, all of Cohansey in the County of Salem for refusal to obey Frances Pagget Constable of Cohansey, appointed to collect the taxes laid by an Act of Assembly, "to the evil example of others and against ye peace of our Lord the King," etc. Endorsed etc. as preceding. 1 p. [C.O. 5, 971. No. 4.]
[July 25.]532. Copy of paper subscribed by several inhabitants of New Jersey. We utterly denie to pay to Francis Pagit, our so called Constable, because wee doubt of his being a lawfull Constable and because wee have been illegally assessed by an Asseser who being an open profest Roman Catholick which is utterly repugnant to the Laws of Great Brittain and contrary to ye rights and liberties of his Royal Majties.' faithfull subjects, etc. Signed, Zebulon Stathem and 33 others. Endorsed, Recd. 29th, Read 31st Aug., 1715. Enclosed in preceding. 1 p. [C.O. 5, 971. No. 3.]
July 26.533. Mr. Palmer and other Barbados Merchants to the Council of Trade and Plantations. It having been the usual custome in Barbados for the Assembly there to make choice of one of their number to be Treasurer for that year they stand elected for, which place being of great trust and proffitt occasions very warm contests between the two partys of wch. said Assembly is compos'd. After this choice is made and security given for the due performance of this office, the necessary sums of money for that year's service are agreed upon and rais'd wch. 'tis computed annually amounts to upwards of £10,000 that country mony, whereof the Excise, abt. £6,000, is appropriated to maintaining the fortifications, but 'tis to be feared very little of that money is applyd thereto and the fortifications consequently not in so good repair as they ought to be, etc. Propose that the Treasurer be appointed by patent from H.M. and be obliged to pass his accounts before the Assembly and transmit them, signed by the Speaker, to the Council of Trade. Continue:—The heats animosities and indirect methods in elections of Assembly men would hereby be in a great measure cured, the publick debts more honourably and duly paid, the poor men who serve the publick as mattrosses freed from much oppression and wrong, the publick expences lessened, and the Country find great satisfaction, etc., provided it shall not be in the Governor's power to suspend this Treasurer without their Lordships' Order. Presented by Mr. Palmer, Jam. Aynesworth, Tho. Palmer, Tho. Stewards. Endorsed, Recd. Read 26th July, 1715. 2 pp. [C.O. 28, 14. No. 43.]
July 27.
Whitehall.
534. Council of Trade and Plantations to Governor Lowther. We shou'd have been glad to have heard from you of your arrival at Barbados, by some of the ships lately come from thence, and to have receiv'd an account how you found the affairs of your Government: It is what we shall expect from you by the next opportunity, and must desire you'l omit no occasion of transmitting such accounts to us, with your thoughts of what may be proper from time to time, to be done for the advantage and promoting the trade in those parts, and particularly of the Island under your command. We have been inform'd that notwithstanding considerable sums are annually rais'd for the publick service of the Island of Barbados, yet the country is very much in debt, that the forts are out of repair, the guns out of order, and the matrosses not regularly paid, wch. obliges them frequently to dispose of their orders at such discount as must be a great discouragement to them; We desire therefore you will inquire into these things, and think of proper and effectual methods for redressing the same; in order whereunto we are of opinion that the publick accounts shou'd not only be inspected by a Committee of the Council and Assembly, but shou'd also be laid before both Houses, with liberty for any Member to peruse the same; and that copys thereof be regularly transmitted to us according to your Instructions, with such observations as are made upon them. We likewise expect from you an account of the number of white men able to bear arms, wch. we are inform'd is very much decreas'd of late; occasion'd either by the insufficiency, or undue execution of the Law for obliging the Planters to have a proportionable number of white men for the Militia to the acres of land they possess. You will therefore take care that this be remedy'd either by duly executing the present laws, or by passing a new one wch. may more effectually answer an end so advantageous, and so necessary for the security of that Island. As it is proper we shou'd be constantly inform'd of the strength of H.M. Plantations, we desire you will send us an account of the sevl. species of stores of war in the magazines within your Government, how you have been furnish'd from time to time with the said stores, particularly powder, and how the same has been expended. We take this opportunity of assuring you of our attention and best endeavours to assist you in promoting the good and advantage of H.M. subjects in your Govt. and of supporting you in the due execution of your office, etc. [C.O. 29, 13. pp. 312–315.]
[July 28.]535. A scheme of the trade of New England in 1715. Endorsed, Recd. Read 28th July, 1715. 1 large double p. [C.O. 5, 866. No. 52.]
July 28.
Whitehall.
536. Mr. Popple to Col. Burges. Presses for his promised thoughts in writing in relation to a Bank in New England in a few days, etc. [C.O. 5, 914. p. 64.]
[July 28.]
London.
537. Col. Nicholson to Mr. Popple. Encloses following, "which confirms in ye oppinion I always had of the French's designes and endeavours by all ways and means to gett those Five Nations to their interest and I never in ye least doubted of their endeavours likewise to stirr the other Indians to make warr upon H.M. subjects of ye Continent of North America and I suppose yt. they and ye Spaniards at Sta. Augustine have instigated the Indians to fall upon South Carolina. And you may remember that I often said that ye French in time of peace were more capeable of supplying ye Indians with arms, ammunition etc. than in warr because half if not more of their ships bound to Canada were then taken and that so long as ye Priests and Jesuits are amongst ye Indians they would endeavour to sett them at variance with ye English. That ye French will furnish them with officers whom to know from Indians is difficult because severall have been bred up amongst them and be drest and painted as they are." Signed, Fr. Nicholson. Endorsed, Recd. 28th, Read 29th July, 1715. 1 p. Enclosed,
537. i. Extract of a letter from Capt. John Riggs to Col. Nicholson. New York, 11th June, 1715. Last week an express came down from our frontiers that ye Govr. of Canada is very buisey tempting our Five Nations to come over to them there being great presents sent them from ye King of France, etc. ½ p. [C.O. 5, 1050. Nos. 93, 93 i.; and 5, 1123. pp. 312, 313.]
July 29.
Whitehall.
538. Council of Trade and Plantations to Mr. Secretary Stanhope. Enclose following, "relating to the apprehension lest our five Nations of Indians should be drawn over to the French, which is the more to be fear'd, for that we find the Governor of New York has not been inabled to make the usual presents to the said five Nations to keep them in friendship with us, and considering the insurrection of the Carolina Indians, the insolent answer of the Eastern Indians to Col. Caulfield, when he wou'd have proclaim'd H.M. in their country (v. June 30th), and by the advices we have received from Virginia, there seems to be a general defection of all the Indians, from the British interest in those parts, by the instigation of the French missionaries; we are therefore of opinion it is necessary some speedy measures be taken to prevent the bad consequences of such a general revolt." Autograph signatures. 1¾ pp. Enclosed,
538. i., ii. Copies of Nos. 537, 537 i. [C.O. 5, 1085. Nos. 20, 20 i., ii.; and (without enclosures) 5, 1123. pp. 314, 315.]
July 29.
Whitehall.
539. Mr. Popple to Sir Nathanael Lloyd, H.M. Advocate General. Encloses papers relating to the French invasion of Nevis, 1706 (v. June 15 and 27). The Council of Trade and Plantations desire your answers to the following queries, with what convenient speed you can, vizt. (i.) Whether the methods us'd by Monsr. D'Iberville to compel the inhabitants of Nevis to come into the second agreement, do not (by the Law of Nations) make the same null and void ? (ii.) Whether the abovemention'd infractions of the second agreement do make the said agreement void, and acquit the inhabitants of Nevis from any manner of obligations to perform their part ? (iii.) Whether the persons carried out of Nevis without their own or the inhabitants' consent, as hostages, for the performance of the said agreement could by the Law of Nations be detain'd after the conclusion of the Peace betwixt her late Maty. and the French King; since the carrying them off by force makes them prisoners of war ? [C.O. 153, 12. pp. 217, 218.]
July 30.540. David Crawley to Wm. Byrd. In obedience to the commands of the Lords Commissioners to give in writeing what I inform'd their Lordships of in relation to South Carrolina peoples treating their Indians theirby to gather sum light what may be the occasion of their defection I have hearin specified my own knowledg theirof I have been througout their whole trade at allmost every town of Indians except the Yamasees and have seen their traders when have had occasion for anything the Indians had as sometimes killing their hoggs fowles and go to any of their plantations take what they please without leave and allso into their cornfields and gather corn or pease into their watermillion ground and take them and when they came to demand satisfaction give them a small mater not half the vallue and if the Indians grumbled or seemed discontented threaten to beat and verry often did beat them verry cruelly: when they had any goods to bee brought to them out of Carrolina or skins carried thither they would demand so many men as was able to do it and if they refused would treat them after the same maner and their burdens they made up for them to carry were generally 70 or 80 and sum 100 pound weight to carry 3 or 4 sumtimes 500 miles and pay verry little for it and when they had sent the men away about their busnes or they wear gon ahunting have heard them brag to each other of debauching their wives sumtime force them and one see it my self in the day time don their Agent Mr. John Right would when out amongst the Indians have a great numbers only to wait on and carry his lugage and packs of skins from one town to another puerly out of ostentation saying in my hearing hee would make them honour him as their Governour and woud bee often thretning them one purpos to make them present him with skins to make friends of there abuses have seen many I have known the traders send sum of their Indians 2 or 300 miles with a leter to each other that hath had litle in it only to call one another names and full of debauchery these things I beleive may in part bee the occasion of their present sufrings from the Indians, etc. The number of their Indians to the best of my judgment about 15,000, etc., etc. Signed, David Crawley. Endorsed, Recd. 9th (from Mr. Byrd), Read 10th Aug., 1715. Addressed. 1 p. [C.O. 5, 1265. No. 2.]
July 30.
Maryland.
541. Governor Hart to Lord Townshend. I am now oblig'd to keepe my bedd, being extreamly ill with a violent feavour, which lyes so much in my head and eyes, that I cannot make use of my owne hand (for which I hope your Lordship will excuse me), etc. This, according to my promise, accompanyes a transcript of all the laws now in force, within this Province, saving what were transmitted to the then Secry. of State in July last, which were only five in number, made the first session of Assembly after my arrival. I am sorry my indisposition at present will not give me leave to write your Lordp. so particularly upon every one of them, as I conceive I am oblig'd by my Instructions; and therefore, as to the 53 revis'd laws I must acquaint your Lordship, that with the advice and assistance of H.M. Council here, I dilligently revis'd and considered them, and finding the Council were of opinion that there was nothing in them either as to ye matter or stile, but what was necessarily and usefully adapted to the good of H.M. subjects here, and not anywise repugnant to the laws of Great Britain, or interfering with any of Her late Majesty's Instructions, which His most sacred Majty. has been graciously pleas'd to direct me to be observant of in the administration of ye Governmt. here, untill his farther Royall pleasure shall be declared, I most humbly wish they may be agreeable to H.M. Royal pleasure. And to the other laws which were past and reenacted the last Session, and in number 49, the first being an Act of Recognition of his Most Sacred Majesty's Right to the Crown and Dominions of Great Britain, our gratitude to the Divine providence, and our affection and loyalty to his Majesty rendred the enacting such a law, an indispensable obligation, we could not otherwise endeavour to discharge. The Act repealing a clause in the Act for the establishmt. of religious worship etc., and also for appointing the oath of abjuration to be taken within this Province. By the death of Her late Majesty and his present Majty.'s happy accession to the Crowne, became absolutely requisite to be reenacted, and altered as it now is. The Act prohibiting the importation of bread beere flower mault or other English or Indian graine or meale horses mares colts and fillys from Pensilvania or territorys thereto belonging being a law experienced to be of advantage to this Province, which is sufficiently furnished with those necessarys, servs to prevent our neighbours dreyning our ready coyne, and therefore is reenacted, with a saving to H.M. shipps of warr of purchassing and importing bread beere and flower for their store. The Act for lymitation of certain actions for avoiding suits at law, being found deficient in [? that] there was no provision made as to actions of the case, it was thought fit to be reenacted and amended. The Act for the publication of all the laws of this Province, and for ye recording ye same in the Secry's. office, and also for transmitting the Journalls of ye Council in Assembly, and of the House of Delegates with the said office, was reenacted and amended by obliging the clerk of the Council to transmit his Journal into that office, which was allways practised before. The Act for punishmt. of the offences of adultery and fornication being considered, it was thought that the method of convicting offenders was not therefore sufficiently provided, and 'tis therefore amended. The Act directing the manner of suing out attachments in this Province, and lymiting the extent of them, having been generally mistaken as to persons' effects who were non-residents in this province, so that by colour thereof several such persons' effects had been illegally attached, the said Act was reenacted, explayned and amended. The Act for better administration of justice in testamentary affairs, granting administrations, recovery of legacys, securing filial portions and distribution of intestates estates, having been an antient law of this Province, but ill and ambiguously worded, besides the want of sufficient jurisdiction given in it to the Judge in testamentary affairs, to enforce obedience to the citations, orders and interlo quitory decrees of his Court, is now reenacted, and necessary provision made therein to supply the afd. deficiencyes. The Act ascertaining what damages shall be allow'd on protested bills of exchange allowing 5 p.c. more than what is ascertayned by law in our neighbouring Colony of Virginia, which gave an handle to some avaricious persons to procure two or three protests in one yeare, induced the Assembly on consideration thereof to reenact the said law and lymit the dammage to 15 p.c. in case the protests be returned within 12 months. The Act for laying an imposition on negro's and several sorts of lyquors imported, as also on Irish servants to prevent the importing too great a number of Irish papists into this province, wanting some explanations and being a law that raises a considerable supply for defraying the necessary charges of ye Governmt. here was reenacted and amended. The Act for punishment of blasphemy, prophane swearing cursing and drunkenness, on revising thereof, not being thought sufficiently to provide against those enormous offences, was reenacted, more severe penaltys inflicted and the execution of them more severely enjoyned. The Act for rectifying the ill practices of Attorneys of this province and ascertayning fees to the Attorney General, Clerk of indictments, attorneys, etc. is reenacted explayned and amended by ascertayning the fees to the Attorneys in the County Courts, and allowing all the said fees to be upon execution, and adding them both in one law. The Act for quieting possessions, enrolling conveyances and securing the rights of purchassors being a very beneficial and necessary law, was reenacted and amended in the stile thereof as well as some small defects provided for on ye ommission of acknowledging and recording some conveyances within the express tyme lymited by a former law. The Act declaring the manner of electing and sumoning Delegates and Representatives to serve in succeeding Assemblys, and for the ascertayning the expences of Councillors, Delegates of Assembly, and Commissioners of the Provincial and County Courts of this Province being declaratory of two former laws, they are now comprized in one; and all freeholders oblig'd under a penalty to appeare at Elections. The Act prohibiting all masters of ships or vessells or any other persons from transporting or conveying away any person or persons out of this province without passes has been experienced to have been a necessary law to prevent them from carrying away servants and debtors. The Act relating to the standard of English weights and measures and the Act for appointment of Constables and what relates to their offices and ascertayning what persons are taxables, being both of them found necessary, were reenacted and some small deficiencyes especially in the later provided for and amended. The Act for securing merchts. and others tobacco, after they have receiv'd it and declaring the altering ye marke or quality thereof to be felony, and against false packing, being things of the most absolute necessity for securing and advancing the trade and staple of this Province, and heretofore provided for by several laws on reenacting thereof are now comprized in one. The Act for taking special bayle in the several countys of this Province etc. being thought to be for the ease of the inhabitants is reenacted and a clause added for taking bayle out of Court on actions depending in the County Courts. The Act for regulating the Militia, etc., being revised and several defects being observ'd therein is now reenacted and enforced, by several fynes being therein imposed upon such officers who shall refuse or neglect to appeare at musters and trayning. The Act appointing several days which the several County Courts are to be held, etc., being necessary for ascertayning at what days the several Courts sit is reenacted. The Act for the speedy tryal of criminals, and ascertayning their punishmt. in the County Courts etc., conteyns matters formerly comprized in two laws, but being of like nature are now joyn'd in this law. The Act for the encouragemt. of tillage and reliefe of poor debtors, having been sometyme misunderstood to extend to the payment of Bills of Exchange due to merchts. in England, is now explayned and amended. The Act declaring how the 40 lb. of tobacco per poll in such parishes where there is no incumbent shall be dispos'd of, wanting some explanations, at what tyme the said tobacco should be deemed to be due to the late incumbent, and when the next shall comence, is explain'd and reenacted. The Act against imbezillment of wills and records is a new law thought necessary particularly to declare and inflict a suitable punishment on offenders, who shall be guilty thereof, there allready, since the seating of this Province, having been an instance of each kind, whereof one, to wit, of a deede in very recent memory. The Act relating to servants and slaves is amended by a restraint being layd on masters and overseers that they shall not without the particular direction of a magistrate inflict more than tenn lashes upon their white servants for any one offence. The Act for securing persons rights to town lands is but an Act of justice to such who have expended their substance on building in towns upon the encouragement given them by the laws made here in her late Majty's. reign but by her repealed. The Act for further administration of justice in the High Court of Chancery Provincial and County Courts of this Province, for the more speedy recovery of debts, etc., comprizes several former laws providing therefore, and which being of like nature were thought advisable to be reenacted in one. The Act causing Grand and petit jurors and witnesses to come to the Provincial and County Courts, and ascertayning their allowances, is reenacted, and having formerly been provided for by two several laws are now comprized in one. The Act ascertayning the height of fences to prevent the evil occasioned by the multitude of horses and restrayning horserangers etc. was formerly two different laws but being things of the like nature are now comprized in one. The Act prohibiting the carrying of lyquors to the Indian towns, or selling any quantity of strong lyquors to the Indians, etc., the matters therein having been formerly provided for by several laws are now comprized in one. The Act ascertayning the bounds of lands within this Province, is designed to introduce a more speedy and less chargeable method of deciding differences about boundaryes. But being a thing of extraordinary nature, and seeming not to be agreeable to the Laws of England to judge of any one's property without jury, I would not absolutely pass the Act, but humbly submit it as a petitioning bill, whether it may not be expedient for quieting such differences and avoyding law suits in this infant Country. The Act for speedy recovery of small debts out of Court before a single Justice of the peace, is reenacted, and a further jurisdiction given to such single Justices to determine to the value of 400 lb. of tobacco or 33s. 4d., to prevent small and vexatious suits at law. The Act providing what shall be good evidence to prove forreign and other debts, etc. is revised explayned and amended, by providing for the jurisdiction given the single Justice to heare and determine differences not exceeding 400 lb. of tobacco or 33s. 4d., and by allowing the evidence to specialtys tho' not sworn to in Court. The Act declaring the continuance of ye payment of the 12d. per hhd. from the death of the late Rt. Hon. Charles Lord Baltemore unto the 29th Sept. next, is an offer the Genll. Assembly have made his Lordship the now Lord Proprietary in consideration that he will be pleas'd to accept his rents to that tyme in tobaccos at 2d. per lb., as they were formerly payd his Father, there being very little money in the Province wherewith to answer ye same. The Act ascertayning the gage and tare of tobo. Hogsheads, and to prevent the cropping and defacing of tobaccos taken on board etc., is a law of ye greatest consequence to this Province not only to prevent ye injuryes the merchts. have so often complayn'd of, by ye unreasonable gage of tobacco caques, which it is hoped is effectually done by this law; but likewise to prevent the injurys the planters have many years suffered by masters of shipps cropping, cutting squeesing and defacing their tobacco; and not only so but an act of justice to the Crown as well as the Lord Proprietor if he shall think fit to accept thereof, providing against a mischiefe, that by the excessive rate of fright has allmost seem'd unavoydable of late years in this Province by prizing farr greater quantitys of tobo. into the hogshead than was usually wont, whereby that commodity has been much impair'd in its value, and the Revenue of the Province arrising thereon very much sunck and lessened. This Act is also offered to his Lordship's consideration, and if he shall agree to what therein relates to his fynes of alienations and quitrents the proposal thereby made may be further confirmed by some further supplementary act the next session. The Act to confirme and make valid in law all manner of process and proceedings in the several Courts of this Province, from the demise of Her late Maty., etc. to the end of this session, is a law made this session and conceived to be requisite on the peculiar occasion. The Act impowering a Committee to lay assess and apportion the publique levye for 1715 imports it's effect, and is purely to obviate the charge of calling the whole Assembly together on that occasion. The Act declaring all laws heretofore made which have been reenacted this Session of Assembly to be repealed, is only for the better ascertayning what laws are now in force, and to prevent confusion and disputes thereabout. The other 8 laws are private bills, wherein their purport is declared with a particular salvo of the right of H.M. his heirs and successors and of all bodys politique and corporate. Encloses Journals of Council and Assembly etc. I have lately received a letter from Col. Spotswood, wherein he acquaints me that the Governmt. of South Carolina, intend to send Commissioners hither to require assistance, I expect them dayly, and am resolv'd to do all in my power to succour them. I have been lately on the frontiers of this Province among our Indians, and have renewed the antient amity between us, so that I am not apprehensive of any disturbance from that quarter. Signed, John Hart, by his command by W. Bladen, Clk. of the Council, owing to the Governor's indisposition. 11 pp. [C.O. 5,720. No. 21.]
July 31.
Boston,
New England.
542. Governor Dudley to the Council of Trade and Plantations. The delay of the arrival of Col. Burgess etc., continues it my duty to acquaint your Lordships, that the Indians, inhabitants of Cape Sable belonging to L'Acadie Nova Scotia having been lately treated and presented with arms and cloaths by the Government of Cape Breton, as we are inform'd, have within these 70 days last past, seized 11 vessells of ours, fishing on that coast, and coming into the harbours of the sd. Cape Sable (as we have always done) and made prisoners most of the fishermen belonging to the sd. vessels. Upon which information, upon the instance of the Assembly now sitting, and with the advice and consent of H.M. Council, I have given order to Capt. Cayley, Commander of H.M.S. the Rose to sayl immediatly to Annapolis Royal and acquaint that Government of this depredation, and their own danger, and with their advice and assistance (if need be) to search for those vessels and prisoners, and to relieve and restore them, and if they find any Indians, or others in possession of the sd. vessels to bring them prisoners to give an accompt of such their breaches upon H.M. good subjects, in their lawfull imployments in their fisherys, and least the King's ship may draw too much water to enter into those harbours, I have taken up two sloops and man'd 'em with 30 men, each well arm'd and officers proper to procede into all the harbours to seack for our said vessels and men. And for that we have suspicion that several of our own vessels (upon pretence of fishing, and going to the English Settlements on Newfoundland, contrary to the Articles of Treaty and Commerce, settled between his late Majesty King Charles and the French King, and to our own proclamations in these Governments inhibiting such illegal trade) have been at Cape Breton, I have order'd the frigott cruizing before that place to enquire after such traders, and if he may arrest any of them, to bring 'em home with him to answer for the same. The vessels above are perfectly equippt, and sail'd this morning, and your Lordships shall be inform'd (as soon as may be) of their proceding. Upon the whole I am very doubtfull those beginnings will poyson the Indians all along the coast, as they have done thrice within these thirty years past, to the great disadvantage of H.M. Governments in North America, and in the present mischief, the new settlement at Cape Breton will be much more hurtfull to us, than all their old plantations at Port Royal and the Bay of Fundee; of which I humbly hope there will be some consideration and resolves taken by H.M., to secure the settlement on the shoar eastward, and the fishery the whole length of the coast from Newfoundland to Cape Cod, etc., P.S. Aug. 4th. Since the above, which has stay'd for want of conveyance, the Indians, upon the hearing (as I suppose) of our arming, to come towards them, have dismissed all the abovesd. vessels and prisoners which are ev'ry day coming in, and the Sachems of the Indians have acquainted the said prisoners, that they were inform'd 'twas war between the English and the French, and that if I would assure 'em that 'tis peace at home, they wou'd submit the consideration of this breach to myself, and pay all such damages, as I shall award. Signed, J. Dudley. Endorsed, Recd. 3rd, Read 5th Oct., 1715. 2½ pp. [C.O. 5, 866. No. 69; and 5, 914. pp. 294–297; and 217, 31, f. 1.]