America and West Indies
July 1721

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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361-377

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'America and West Indies: July 1721', Calendar of State Papers Colonial, America and West Indies, Volume 32: 1720-1721 (1933), pp. 361-377. URL: http://british-history.ac.uk/report.aspx?compid=74120 Date accessed: 22 November 2014.


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Contents

July 1721

July 1.
Whitehall.
558. Mr. Popple to Mr. Carkesse. Encloses papers relating to searching of merchants' ships at Jamaica to be laid before the Commissioners of Customs. The Council of Trade and Plantations desire to be informed how the law stands with respect to French indigo from the Plantations as likewise in regard to seizures in general how farr Sr. Nicholas Lawes's warrant to Capt. Brooke may be authentick to Robert Hall who appears to have had a temporary power to be assistant-waiter and to seize contraband goods, and particularly whether a ship being once cleared makes any difference as to her being searched. Being informed that there is on board ship Pompey, Capt. Peniston, lately arrived at Woolwich from Jamaica a small box directed to the Lords Commrs. for Trade containing sevl. letters, acts and other publick papers of that Island, but the officers on board will not permit the Captain to deliver the sd. box to their Lordships unless it be first opened on board in their presence, I am to desire that the said officers may be directed to permit the Captain to send the said box to their Lordships there being several things expected to be in it which may be of use for their Lordships' information. [C.O. 138, 16. pp. 294–296.]
July 1.
Boston.
559. Mr. Savage to the Council of Trade and Plantations. Refers to the ridiculous, false and malicious letters of Lt. Washington (v. 19th June). Concludes:—He accuses me of having exacted of the French inhabitants (of Nova Scotia) such high fees, in my office as Secretary, that hath obliged them to leave the Province etc. I solemnly declare that the fees etc. I have received for the whole year from them has not amounted to £3 sterling etc. Signed, Wr. Savage. Endorsed, Recd. 6th, Read 13th Sept., 1721. 3 pp. [C.O. 217, 4. ff. 40–41v.]
July 4.
Office for Taxes.
560. Agents for taxes to the Council of Trade and Plantations. Enclose copies of extents and inquisitions upon debts due in the Plantations to Benjamin Blundell Receiver General for Leicestershire he having failed in his credit, to be transmitted to Governors of the several Plantations, "having good reason to believe that the sd. extents will be of no force in the Plantations without your aid" etc. Signed, John Williams and three others. Endorsed, Recd. 5th, Read 11th July, 1721. Addressed. 1 p. [C.O. 323, 1. No. 19] Enclosed,
561. i. Extent and inquisition for £900 due from some merchants in New York to Mr. Blundell etc. v. preceding. 21st June, 1721. Endorsed as preceding. Latin. 1 large p. [C.O. 5, 1052. ff. 163, 163v.]
July 4.
Jamaica.
562. Governor Sir N. Lawes to the Council of Trade and Plantations. Since I wrote (12th June), our new Assembly have met etc. Refers to his Speech to them enclosed. Continues: The day after their meeting I had deliver'd to me H.M. royall commands for the payment of Lord Archibald Hamilton out of his Revenue here prefferable to all other demands which I communicated to the Assembly but what effect that had upon the majority of them your Lordships will please to observe from a copy of the resolutions of the House on my Speech and Message on that subject (enclosed). I am alltogether at a loss what farther to say or excuse to make for those people who in their proceedings have shown so little regard to H.M. just commands and I shou'd have parted with them upon such an undutiful behaviour were it not for some hopes they give in their resolutions of passing a bill for the settleing the windward part of the Island by encourageing people from the Virgin Islands to become settlers here and considering such a law if obtained to be of the utmost consequence and advantage to this Colony has induced me to have patience and forbearance longer than otherwise I should have had with them, a few days now will shew whether they have a reall intent or not to pass this bill shou'd they not agree in a thing so apparently beneficiall for the whole country I can expect little other good from them and therefore what I have hinted in my former letters of settleing H.M. Revenue and makeing his Government here easy will become the more necessary to be taken under H.M. speedy consideration etc. Repeats part of April 20th. P.S. July 5th. Severall of the Gentlemen of the Assembly haveing dissented from the resolution of the House on H.M. Privy Seal for the payment of the Lord Archibald Hamilton have thought proper to assign their reasons for so doing a coppy whereof comes herewith this it seems has given offence to those Gentlemen who were of a different opinion and I am told the Speaker's warrant is issued for the takeing those Members who have signed it into custody of their Messenger. I cannot inform your Lordships by the present opportunity how such proceedings will end but in duty to H.M. I must acquaint your Lordships that Mr. Peter Beckford has all along been the cheif contriver and promoter of faction and discord and has constantly opposed not only in my Government but in my predecessors whatever has been recommended for the King's service and I may truely say he is the cheif instrument of all our misfortunes he boasts himself in his riches by means of which he has many dependants, which gives him such a sway in Assembly's, he enjoys no place of proffit honour or trust by my appointment but has a Commission from the Commissioners of H.M. Customs at home to be Comptroller of the Customs here and tho' that post be of no great proffit yet it serves him in some measure as a cloak to do mischeif. I therefore hope your Lordships will endeavour to get him removed from that post. Signed, Nicholas Lawes. Endorsed, Recd. 16th, Read 26th Sept., 1721. 31/8 pp. Enclosed,
562. i. Copy of the Weekly Jamaica Courant, with news foreign and domestick. Publish'd by Authority. Wednesday, June 28, 1721. Numb. clxii. Includes the Governor's Speech to the Council and Assembly, St. Jago de la Vega, June 24, 1721; list of ships sailing; and H.M. Patent to the several Gentlemen Adventurers in the Royal Mines of this Island etc. Same endorsement. Printed. 4 pp. quarto.
562. ii. Resolutions of Assembly of Jamaica that the Revenue is not anyways chargeable with the Lord Hamilton's supposed debt nor ought the same to be allowed of in the Receiver Generall's accot., and that the payment thereof will tend to the entire subversion of the nature of Assemblys who would by such proceedings be deprived of the most essentiall part of their being (which is the raiseing and applying of the mony) etc. Reasons offered by nine Gentlemen who disagreed with above. Copy. 2½ pp.
562. iii. Resolutions of the Assembly for encouraging settlers from the Windward Virgin Islands etc. 23rd June, 1721. Copy. 2¾ pp. Nos. ii. & iii. endorsed as preceding. [C.O. 137, 14. ff. 34–36, 37–38v., 40–41, 42–43v.]
July 5.
Whitehall.
563. Lord Carteret to the Council of Trade and Plantations. You are to prepare an Instruction to Governor Lord Belhaven conformable to your report, (30th June) etc. Signed, Carteret. Endorsed, Recd. 8th, Read 11th July, 1721. ¾ p. [C.O. 28, 17. ff. 152, 153v; and 5, 1092. No. 23.]
[July 5.]564. Petition of Col. John Montgomerie to the King. On being appointed Governor of New York, begs permission for the Assembly to settle upon him what they shall judge proper for supporting the dignity of the Governor etc. Copy. 1 p. [C.O. 5, 1092. No. 21.]
[July 5.]565. Governor Lord Belhaven to the King. Similar to preceding. Copy. 1¼ pp. [C.O. 5, 1092. No. 22.]
July 7.
Whitehall.
566. Mr. Popple to Mr. Carkesse. Encloses extract of letter from Governor Hamilton, (20th July, 1719) relating to a vessel seized for importing at Antigua some tallow directly from Ireland. The Council of Trade and Plantations desire the opinion of H.M. Commissioners of Customs thereupon. [C.O. 153, 13. p. 498.]
July 7.
Whitehall.
567. Same to Mr. West. Encloses, for his opinion thereon, some Acts passed in Antigua, 1718–1720, St. Christophers (1718, 1719) and Montserrat (1719). [C.O. 153, 13. pp. 499–502.]
July 9.
St. James's.
568. Order of King in Council. Referring Representation of 30th June concerning the Bahama Islands to a Committee of Council. Signed, Edward Southwell. Endorsed, Recd. 4th, Read 8th Aug., 1721. 1 p. [C.O. 23, 1. No. 36.]
July 9.
St. James's.
569. Order of King in Council. Referring Commission and Instructions for Governor Phenney to a Committee of Council. Signed and endorsed as preceding. ¾ p. [C.O. 23, 1. No. 37].
July 12.
New York.
570. Governor Burnet to the Council of Trade and Plantations. Encloses a translation of a Journal of all the French proceedings for this year past, as it was given me by the author a French Recollet Proiest who is come to us from Canada and is desirous to go to England (i.e., Monsr. Durand. Ed.) He is as he says of a Hugenot family, and has long been desirous to leave his order, and change his way of religion. I may now brag to your Lordships that our law against trade with Canada has brought an immense number of Indians of far Nations to flock together to Albany the French being now unable to supply them with goods this I hope is a beginning of a new interest in the Indians which will at the same time occasion great jealousy from the French against whom it is extremely necessary to be prepar'd in all events, which I hope we shall be prepar'd for, when that Act which waits for approbation from home, comes back confirmed. I have received your Lordships' orders of 21st of March with Mr. Smith, who arrived last week in the Grayhound man of war and will do what I can possibly to serve him, tho' when I send your Lordships all the transactions of the Assembly of that Province, you will see in how unlikely a temper they are to do anything right. I hope soon to send the Minutes of Council of that Province which with the printed speeches and bill for the Revenue which give their full history, will I hope be ready to go by the return of the man of war from hence. I shall be glad if the enclosed Memorial meets with your Lordships' approbation. I believe it very just and perfectly agreeing with the account our people give of the transactions, between the French and Indians of the 5 Nations only that here some of Councels are explain'd of matters whereof we had heard only the results the last part agrees too with our Interpreters report who says that the Seneca's were grown colder to the French and did not now care to receive either priests or a smith from them, tho' they had agreed to it last year. I am going to Albany in August at which time I shall enquire into the case of the Palatines more particularly and how they may be settled, according to your Lordships commands of 29th Nov. and your letter which I received renewing them by Sheef one of the Palatines who came by the Grayhound and which was dated March 8th, 1720. I have not yet received any account of the presents to be sent to the Indians or of the stores so much wanted by the troops here. I hope your Lordships just representations in the behalf of this Province on these heads will have their full weight with H.M. as they lay a great obligation on this people etc. P.S.—20th July. I take the liberty to recommend the author of the within Memorial to your Lordships for your favour. He is capable of giving you the best account of the present state of Canada and deserves in my humble opinion some reward for his information. I hope your Lordships will not think this an improper request. I have made him the bearer of this letter, that it may introduce him to your Lordships. Signed, W. Burnet. Endorsed, Recd. 14th, Read 15th Nov., 1721. 4 pp. [C.O. 5, 1053. ff. 1–2v., 3v.]
July 12.571. Same to Same. Duplicate of preceding, without postscript. Endorsed, Recd. 25th, Read 29th Aug., 1721. Holograph. 2¾ pp. Enclosed,
571. i. Memorial of what passed concerning the establishment of a post which the French have built at Niagara for the trade of pelletrie. 1st July, 1721. Signed, John Durant, late Chaplain to the Fort of Cataracouy. Endorsed as preceding. 7½ pp.
Set out, N.Y. Docs. V. pp. 588–591. [C.O. 5, 1052. ff. 169–175v., 176v., (with abstract)].
July 13.
Charles Town.
572. Governor Nicholson to the Lord President of the Council. Refers to following: "account of our not landing at Port Royal as also concerning Col. Barnwell's going to build a small fort at the River Alatamaha" etc. We have no account of the French or Spaniards being there or of their designe to settle it etc. There being so very much business here for me to do in setling of the Governmt. and treating with the Indians I found it absolutely necessary for H.M. interest and service for my staying here and not going at present to the Alatamaha River. I hope that Col. Barnwell will be able to accomplish that affair of ye small fort in order to his being here at the Assembly to whom I shall according to my duty recommend the securing the frontiers in general and that place in particular. And I shall likewise use all the interest I have for accomplishing that most necessary affair of the frontiers and likewise in adjust ing all things concerning the Indians in doing of which we have already made some progress etc. Signed, Fr. Nicholson. 2 pp. [C.O. 5, 387. No. 28.]
July 13.
South Carolina.
573. Governor and Council of South Carolina to the Council of Trade and Plantations. Enclose Minutes of Council by H.M.S. Flamborough etc. Owing to the great hurry of business have not yet been able to answer H.M. Instructions. The whole frame of Government being altered and now happily settled in H.M. has made it necessary to prepare new lists of officers civil and military etc., and since that sending for the Indians of the severall Nations and settleing treaties with them, which wee have in some measure effected with the two chief Nations the Creeks and Cherakees etc. has taken up a great deal of time etc. Besides which several of those Instructions relate to the Assembly, who are to meet on 27th inst. etc. Refer to Minutes. The Countrey is very quiet and everything seems to be settled in as good a manner as can be expected in so short a time etc. P.S. Please to excuse the badness of the paper the Minutes are transcribed on, it being leaves torn out of a book here being no paper to be bought fitt for that use. Signed, Fr. Nicholson and, for the Council, Char. Hart, Secry. Endorsed, Recd. 21st Aug., 1721, Read 17th April, 1722. 21/8 pp. Enclosed,
573. i. Minutes of Council of S. Carolina. Charles Town, 8th July, 1721. H.M. Instructions cannot be answered till after the Assembly meets etc. v. preceding. Same endorsement. Copy. 1¼ pp.
573. ii. (a) Correspondence relating to the landing of the Independant Company at Charles Town, and not proceeding to Port Royal, the soldiers being ill with scurvy, provisions very short, and pilots lacking. 2 pp.
(b) June 3, 1721. Col. Barnwell to Governor Nicholson. In response to H.E.'s order in Council, asking for his report upon the methods proposed for building a fort on the Alatamaha River, reminds H.E. that though orders were given by the Lords Justices to the Board of Ordnance on 12th Oct. to provide an engineer, artificers and tools for that purpose, they have been sent without an engineer or tradesmen and only 100 Invalids, who are for the most part unable to perform any labour, and whom the least hardship will destroy etc. Proposes that the Council and Assembly be consulted how far the Province may supply the necessary labour etc., and that in the mean time 30 of the Scout men now in the country's pay about Port Royal be ordered to secure possession of the place by a small palisado fort and a sloop to attend them and sound the bar &c. Offers to assist in sounding bar and making plan of river and harbour. "But if it be expected of me by reason of the command I have of the Scouts, that I shall attend that service, it would be the greatest hardship, for the pay allowed me by the publick is less than 2s. sterl. a day, and the very trades men who must be hired will not expect less than 6 or 8" etc. Explains that he had expected the Lieutenancy of the proposed fort and settlement upon the same footing as Annapolis Royal or Placentia, but as nothing of that appears, he asks for some respite to provide for his private affairs etc. Copy.
(c) Col. Barnwell's Commission to command the Militia, Scout boats, etc. of the Southern forces, 8th June, 1721. Signed, Fr. Nicholson. Copy.
(d) Col. Barnwell's Instructions, 8th June, 1721. You are to take sufficient scouts and scout-boats etc. from Port Royal and take possession of the River Alatamaha in H.M. name, and build a small fort thereon and leave it under the command of such a trusty person as you shall approve of etc. You are to hire the tradesmen necessary, and a sloop and make a plan of the river, and to keep a journal of expences etc. Signed, Fr. Nicholson. Copy.
(e) Blank Commission for a Commander of a Garrison to Southward. Signed, Fr. Nicholson. Copy.
(f) Contract between Col. Barnwell and Jonathan Collings for the sloop Jonathan and Sarah for H.M. service etc. 9th June, 1721. Copy.
(g) Warrant to Lt. Joseph Lambert of the Independant Company at Port Royal to deliver stores required by Col. Barnwell. Signed, Fr. Nicholson. 9th June, 1721. Copy.
(h) Warrant to Col. Brewton to deliver powder to Col. Barnwell. Same date and signature. Copy.
(i) Warrant to Thomas Lloyd to deliver 4 field pieces to Col. Barnwell. Same date and signature. Copy.
(j) Col. Barnwell to Governor Nicholson. Beaufort, 3rd July, 1721. Acknowledges letter of 23rd June, received on his way to Edisto. Thanks for justice done him. Sends accounts of provisions etc. Continues: This day I am promised the assistance of some of the soldiers to gett the timber together that is to build their barracks. It proves very sickly among my scout men, etc., for we had scarce a dry day since I came up. The woods are full of water, and the men goeing backward and forward and killing beef and out day and night, as well as they are season'd can't bear so much wett etc. Mr. Collins in the pilate boat arrived 28th June and I have the promise of 6 Creek Indians to go wth. mee and hunt etc. I have been very badd of the flux, but thank God I am now in health etc. I shall sett out in a day or two etc. Copy. The whole endorsed, Recd. 21st Aug., 1721. Read 17th April, 1722. 16 pp. [C.O. 5, 358. ff. 91–105v.; and (notes for reply) 5, 406. p. 1.]
[July 13.]574. William Nivine to the Council of Trade and Plantations. Prays for a report upon several Acts of St. Christophers which have been for several years depending with their Lordships. Endorsed, Recd. Read 13th July, 1721. ½ p. [C.O. 152, 13. ff. 258, 261v.]
July 17.
Whitehall.
575. Council of Trade and Plantations to Lord Carteret. Reply to 22nd March. Abstract Address of Council and Assembly of Virginia. Represent, that if these passes are not soon secur'd they may fall into the hands of the French who are already situated nearer to them than H.M. subjects are by their lodgments upon the great Lakes which continue their communication from the River of St. Lawrence to that of Mississippi, and it is very obvious of what fatal consequence such a neglect on our part must certainly prove to the British Plantations which would be thereby perpetually exposed to the incursions of the French and of the Indian Nations in their interest; we cannot therefore but be of opinion that all possible encouragement should be given for the enlarging and extending of the British Settlements towards the said Mountains, as one of the most effectual means to prevent the growing power and further encroachments of the French in those parts. But as it is not likely that any number of inhabitants will be induc'd to settle near those Mountains, unlesse they are sure of protection there, we cannot but highly approve of the proposal for erecting of Forts to secure the passes and placing garrisons in them for so necessary a purpose; it were indeed to be wished that the charge thereof might be defrayed by the Province of Virginia, but rather than so useful a design shou'd be dropt we shall humbly submit to H.M., whether it may not be proper to defray or at least to contribute to the charge of building these two forts even out of H.M. own quit rents, arising in that Province as is desir'd by their Address. In case H.M. should be dispos'd to grant their request in this particular, it would however be necessary the Lt. Governor of Virginia should first remit hither a plan and estimate of the work to be laid before H.M. and in the meanwhile two stockaded forts may be built at a small expence by the people of Virginia to secure the possession till more regular fortifications shall be erected. As to what relates to the two Companies desir'd by the aforesaid Address, we are of opinion and have long been so that it will be impossible to improve or even to preserve H.M. Empire in America without sending a military force thither, 'tis what this Board has frequently propos'd, and we do conceive that two Companies cannot be imploy'd upon a more important service than this. It will appear to H.M. by the Act to which the Address refers that the Assembly of Virginia have made considerable advances at their own expence towards the carrying on this project, for which reason we are the rather inclin'd to think they may deserve H.M. countenance and encouragement, that their example may induce the neighbouring Colonies likewise to turn their thoughts towards designs of the same nature, and for the same reason we are humbly of opinion that it may be for H.M. service to remit the quitrents of the aforesaid two new Counties, and the fine of 5s. upon each 50 acres to such persons as shall take up land there for 10 years to come, more especially since H.M. Revenue will in all probability be increas'd thereby at the expiration of the said term of 10 years, and a good barrier will be form'd to the British Plantations on this side by a new Colony which cannot be supported without some advantages at their first planting. There are however two particulars that should especially be guarded against if H.M. should be graciously dispos'd to remit his quit rents for the time propos'd by the Address, that no person already possess'd of lands in any other part of Virginia held by quit rent from the Crown be admitted to take up lands in these new Counties without giving sufficient security for continuing the payment of the quitrents for the lands by him already possess'd notwithstanding his removal to one of these new Counties; and that no person whatever be allow'd to take up more than 1000 acres in his own or any other name in trust for him in either of the said new Counties. These regulations together with any others which shall be thought proper in the laying out of those lands may be made by Instructions to the Governor of Virginia if H.M. shall be pleased to approve of what is humbly propos'd for encouraging and securing this new Settlement. [C.O. 5, 1365. pp. 229–236.]
July 17.
Whitehall.
576. Council of Trade and Plantations to Lord Carteret. Reply to 25th April. Representation upon Anthony Cracherode's petition against Act of Barbados, 1720, appointing security to be given by appellees. We have heard Petitioner and the Secretary of that Island by their Counsel etc. By the Govr's Instructions the cause of action in all appeals, that are made from the Court of Chancery there to H.M. in Council here is to exceed £500 sterl. in value, and good security is to be given by the appellant that he will effectually prosecute the same, and answer the condemnation, as also pay such costs and damages as shall be awarded, in case the sentence from which he appeals shall be affirm'd. It is further provided, that execution shall not be suspended by reason of such appeal. But it having been found by experience, that some appellees taking advantage of the aforesaid Instruction had after execution obtained in their favour, transported themselves and their effects off the Island, and others had become insolvent before the determination of ye appeal to H.M., whereby the appellants upon reversal of judgement have been intirely disappointed of all redress; it was thought reasonable that the execution of the judgement should be stopp'd, or that the appellee should give bond with sufficient securities in the Secretary's Office of that Island, in double the value of the sum to be appeal'd for, to make restitution to the appellant of all that the appellant shall have lost by occasion of such judgement or decree, in case upon the determination of such appeal, such judgement or decree shall be revers'd and restitution awarded to ye appellant, such bond to be taken in ye name of the Govr. or Commander in Chief of that Island for the time being; and the said security to be allowed and approv'd of by the Court, from whose judgement or decree such appeal shall be made. And as the subject matter of this Act as well as the fee thereby establish'd is intirely new; we do conceive the Assembly of Barbados might annex the same to such office as they thought most convenient for that purpose and that H.M. grant of the Register's Office in Chancery to Mr. Cracherode is not prejudiced thereby, and consequently that no just objection can arise from thence to ye confirming ye said Act, which we humbly offer to H.M. for his approbation in representation annexed.
576. i. Council of Trade and Plantations to the King. Represent above Act for H.M. approbation, as reasonable and Just etc. [C.O. 29, 14. pp. 129–134.]
July 19.
Charles Town, South Carolina.
577. Governor Nicholson to the Council of Trade and Plantations. Refers to and repeats part of letters of 13th instant. Hopes that an Engineer will be sent in place of the one who left them at Plymouth, and that "Col. Barnwell will accomplish that affair of the small fort at the mouth of the River Alatamaha in order to his being at the Assembly" etc. Signed, Fr. Nicholson. Endorsed, Recd. 16th Sept., 1721, Read 17th April, 1722. 1½ pp. Enclosed,
577. i. Exports from South Carolina to Great Britain, 25th Dec. 25th, 1720—18th July, 1721. Rice, 17, 739 barrels; pitch, 9,860; tar, 6599; 53 chests deer skins. To the Plantations, Rice, 3,658 barrels; pitch, 1682; tar, 1858; and deer skins, beef, pork, candles, tallow, peese, corne, staves, masts, yards, bowsprits, shingles, leather, cyprus and cedar plank. Signed, Tho. Broughton, Collector. Same endorsement. 1 p. [C.O. 5, 358. ff. 106, 106v.,107v.–108v.]
July 19.578. Abstract of preceding, with note for reply. [C.O. 5, 406. p. 1.]
July 19.
Boston.
579. Governor Shute to the Council of Trade and Plantations. Refers to letter of 1st June, and enclosure No. 1, "which never came to my hands, but as I now take the liberty to send it to your Lordships, in print." Quotes Order for drawing up this Memorial from printed Journal of Representatives, 19th June, 1721. Continues:—Your Lordships will find that the House have charg'd me, in the inclos'd Memoriall, with downright false insinuations, unjust unreasonable remarks and animadversions upon the behaviour and transactions of the last Assembly. They tell the people (to whom this Memoriall seems to be address'd) that it would be a great grief to every good man if in any one instance it could appear that the last house of Representatives or any other, had slighted H.M. Instructions. If your Lordships have perus'd the severall papers I sent in my last pacquett I make no question but it appears plainly, that they have been very far from paying that just regard they ought to have done to severall of H.M. Instructions, wch. I have communicated to them. How they have observ'd my 29th Instruction relating to the woods your Lordships will see by an abstract of their proceedings in the before mention'd printed messages between the Councill and the House. For my 73 Instruction I must take leave to refer your Lordships to the 2d page of the Printed Journal of the last House of Representatives; I tell them there the King my Master has positively commanded me, that to book or paper shall be printed, without my license first obtain'd. My power being much too weak to put this H.M. Instruction in exccution, I recommended it to the Generall Court to make a law conformable thereunto. The answer of the House of Representatives, your Lordships will find in p. 11 of the Printed Journall, which runs thus "Should an Act be made to prevent the printing any book or paper, without license first obtaind from the Govr. for the time being no one can foresee, the innumerable inconveveniencys and dangerous circumstances this People may labour under in a little time." So cautious are they of putting the least power into the hands of a Govr., tho' 'tis of such consequence to the Peace, safety, and honr. of the Government. What the enclos'd Memoriall says afterwards, that when any persons have been so malicious as to print libells reflecting on the Government they have been punish'd according to the nature of their offence, is so notoriously otherwise that tho' both Printers and Publishers of such libells have been taken up, and have own'd the fact, and I have done my utmost endeavour to bring them to Justice, I never once yet found it possible for me to effect it. Your Lordships will see page 3 of the Printed Journall, that according to my Instructions I have press'd the House to settle such a salary upon me, as is suitable to the dignity of my post. Their answer is in p. 11 of the said Journall, wherein they still insist that £1000 per. ann. in Province bills, wch. as the course of Excha. runs makes about £435 sterl. is such a salary as is sufficient to demonstrate to H.M. they they are dutifull and loyall subjects; and the objection they make to a settled salary is, that 'tis contrary to their custom and practise. The Memoriall alledges in their justification the low circumstances of the Province for want of a medium of trade, and allowances granted to former Governours. As to the first 'tis obvious that they have as great a medium of trade as ever they had, and that the Province since my arrivall is very much increas'd, and is as a Community not in debt as I am inform'd above £30,000 sterl. and nothwithstanding their pretended poverty, this present Sessions of the Genl. Court has cost the country £1400 only in unnecessary debates and wranglings against the Prerogative. As to the second allegation, I find the Genll. Court allow'd the Earl of Bellamont £2000 in silver money for less than a year's service, wch. is very near as much as they have granted me in four years, considering the present low credit of the Province Bills. Upon this head, I must beg leave to acquaint your Lordships, that the present House of Representatives have begun a most unreasonable dispute with me by entering into a resolve, that they would not go upon my allowance till I had set my hand to everything that remain'd for me to sign. I have already given my assent to severall of their Acts; but that does not satisfie them. I therefore sent the Secretary down with a message to acquaint them at the last Sessions but one I signed no Act till they had voted my salary, and that so soon as the house had gone through, what was before them, I should leave nothing unfinsh'd that depended upon me. As the Charter leaves this matter entirely at my discretion I resolve not to give it up, and I hope I shall have your Lordships approbation therein. I can't help complaining here, how unavoidable a necessity a Governour of this Province is sometimes under, either of agreing to what may not be for H.M. interest, or of incurring the displeasure of the House to the risk of his support. The memoriall goes on to acquaint the world, with a very unaccountable air of superiority and greatness, "That it has not been the usage and practise to have nonconcurr'd bills sent to the Board of Trade, and that 'tis what they can see no reason for, and that this Government is no ways answerable to that Honble. Board for any matter or thing done here relating to Acts of Government." I need not make any remark upon this paragraph to your Lordships. But I shall endeavour to convince the People how vastly the House of Representatives, especially in this particular, have been wanting in their duty and the interest of their Country. What is mention'd in the two next paragraphs of the Memoriall concerning the Riot and Pamphlet Bills I think is well answer'd in the printed Reasons of the Councill for passing those bills, to which I take the liberty to referr your Lordships. I would also intreat the Rt. Honble. Board to peruse the printed votes orders and messages relating to logs cut in the Province lands in the County of York. I have pursuant to my 29th Instruction issued out many proclamations to prevent the stroy and spoil of H.M. woods in both Provinces, and have given the strictest charge to H.M. Surveyor Genll. and his Deputies not to fail in the execution of their office as they will answer the strongest complaints I shall be able to make against them. I have labour'd to convince the Members of the House of Representatives, that the House (and more especially taking upon them as they have done to act separately from the Councill, contrary to their Charter) have nothing to do with trees fit for masting H.M. Royal Navy. That if the trees belong to H.M. while they are standing, the property rests in H.M. tho' they should be cut into logs. That to seize those logs for the use of the Province would be so far from being a discouragement to the cutting down mast trees, that it wd. rather give the Government at home reason to suspect that persons were employ'd to cut them down in order to have them afterwards converted to the use of the Province. And indeed I am of opinion that the drift of the House of Representatives in this affair is to persuade the People that H.M. has no right to the woods in the Province of Main. I mention this the rather because Mr. Cooke who is at the head of all Committees to manage this matter has more than once publicly declar'd it as his opinion. I sent your Lordships the 29 Sept. 1718 two affidavits to this purpose. I afterwards receiv'd your approbation for not allowing that gentleman to sit any longer at the Councill Board. By the last paragraph of the memoriall your Lordships may possibly explain the reason why the House of Representatives in March last would not pass the Riot Bill. It appears that some imaginary ill advisers are to be given up to the resentments of the People. I can't tell who they point at unless it be those, that have in any degree asserted H.M. rights and prerogative. I must freely declare that the King's Councill being annually chosen by the Genll. Assembly are afraid in many cases to speak their minds, so that I am often left to fight it out alone. I shall only observe one thing more to your Lordships with relation to the behaviour of the last House of Representatives, that they endeavour'd to wrest H.M. Prerogative out of my hands by taking upon them the appointment of a Publick fast, which is ye undoubted right of the Crown and what has never been disputed since the Charter was granted. The reason they give for it is contain'd in the 6th page of the Printed Journall, and carries a great contempt for H.M. authority, vizt. "That if the appointment of such days has not the sanction of the whole General Court, persons are not liable to be punish'd if they work or travell thereon." Upon the whole then I must submit it to your Lordships whether the management of the last House of Representatives has been misrepresented to me, whether that House or the Memorialists have acted with a calm, moderate, loyall, and peaceable behaviour, without misunderstandings and animosities, and with due regard to H.M. Instructions or Prerogative, or whether I have deserved so rude, undutifull, and unpresidented a representation of my Speech to an Assembly which was dissolv'd; whether I have been treated and supported according to the dignity of my post. I hope your Lordships will rather think I have deserv'd your protection and support by using my best endeavours to maintain the character H.M. has been pleas'd to conferr upon me, and to keep close to my Instructions when it has been so prejudiciall to my own private interest. And now, my Lords, I shall have done with the Memoriall, but think it my duty to acquaint your Lordships that the present house of Representatives without my knowledge or consent adjourned themselves from Wednesday July 12 to Tuesday July 18. Assoon as I heard it I sent the Sheriff to the severall places, where the Members were retired to command them to attend me in the Council Chamber where I spoke to them to this purpose. Gent: I have affairs of great consequence to lay before the Genl. Court, and therefore think it for H.M. and the Countries service to adjourn you only till Friday next. The Members upon their appearance told me they attended the Board only as private persons, and not a house of Representatives. Accordingly on Friday when I met the Councill I found only 33 of the House ready to act upon my adjournment. I must here observe to your Lordships that no number less than 40 constitutes a house. I therefore adjourn'd the Generall Court again from Friday July 14 to Wednesday July 19. If they don't make use of the opportunity I have given them to acknowledge their errors and to ask pardon (which I find was done in the same case during Sir William Phipps's Government) I shall dissolve this Generall Court. I have only this to add, that a great part of House of Representatives are very ignorant, and are misled into such proceedings not weighing the consequences that attend them; and that it is the unanimous opinion of H.M. Council, that this behaviour of the House of Representatives is directly contrary to the Charter which vests in the Governors of this Province the absolute power of adjourning, proroguing, and dissolving all Generall Assemblys when he shall think fit. Signed, Samuel Shute. Endorsed, Recd. 1st Sept., Read Nov. 7th, 1721. 10½ pp. Enclosed,
579. i. Votes of the House of Representatives of the Massachusetts Bay, June 22, 1721, referred to in preceding. Same endorsement. Printed. 4 pp.
579. ii. Governor Shute's Speech to the Assembly of the Massachusetts Bay, March, 1721. Referred to in preceding. Same endorsement. Copy. 1¼ pp. [C.O. 5, 868. ff. 117—124v., 125v.—126v., 127v.]
July 20.
Charles Town, South Carolina.
580. Governor Nicholson to Mr. Popple. Refers to letters to the Board etc. Continues: I hope in God when the Assembly meets before they break up all affairs both ecclesiastical, civill and millitary will be settled etc. I am dayly in hopes of receiving their Lordps' commands etc. P.S. I have already agreed with a gardner to gett me some flowers plants etc. and according to your desire some shall be sent for your parradice at Hampstead. Signed, Fr. Nicholson. Endorsed, Recd. 16th Sept. 1721, Read 22nd June, 1722. 1¼ pp. [C.O. 5, 358. ff. 137, 138v.]
July 20.
Whitehall.
581. Council of Trade and Plantations to Mr. Nivine. Some queries arising out of objections urged against the Act of Antigua for establishing a Court of King's Bench etc., 1719. [C.O. 153, 13. pp. 503, 504.]
July 23.
St. James's.
582. Order of King in Council. Approving draughts of Commission and Instructions for Governor Phenney etc., Signed, Edward Southwell. Endorsed, Recd. 4th, Read 8th Aug., 1721. 1 p. [C.O. 23, 1. No. 38; and 5, 191. p. 117a.]
July 25.
St. James's.
583. H.M. Commission to Governor Phenney. Countersigned, Carteret. [C.O. 5, 191. pp. 119–122.]
July 26.
Whitehall.
584. Council of Trade and Plantations to Lord Carteret. Enclose copies of representation, July 1st, 1718, relating to the Danes having taken possession of St. John. H.M. pleasure not having been signifyed thereupon, enclose extract of letter from General Hamilton, 19th May, 1721. Autograph signatures. 2 pp. Enclosed,
584. i. Extract of letter from Governor Hamilton, 19th May, 1721.
584. ii. Council of Trade and Plantations to Mr. Secretary Craggs. v. C.S.P. 1st July, 1718.
584. iii. Same to the King. v. C.S.P. 9th Aug., 1717.
584. iv. Copy of Governor Hamilton's Instructions relating to the Virgin Islands. [C.O. 314, 1. Nos. 4, 4, i.–iv.; and (without enclosures) 153, 13. pp. 505, 506.]
July 27.
Middle Temple.
585. Henry Newman to the Council of Trade and Plantations. The occasion of my memorial relating to the powder impost in New Hampshire (v. March 31st) was an Instruction I received from a Committee of the Council and Assembly of that Province 22nd July, 1720, "Whereas H.M. has lately prohibited any imposition of impost or powder money on the merchants ships here belonging to Great Britain etc. you are to lay that matter before the proper Board in order to obtain the Royal bounty herein." Describes his failure at the Board of Ordnance etc. and Governor Shute's directions to him thereupon Dec. 12, 1720, to adopt some other measures, etc. Concludes: The last Powder Act received the Royal approbation in Nov. 1706. I don't find that there has been any formal Act of repeal, but there is reason to believe the execution of it is suspended, if by a misconstruction of your Lordships' commands, prays them to explain it to that Government etc. Signed, Henry Newman. Endorsed, Recd., Read 3rd Aug., 1721. 1 p. [C.O. 5, 868. ff. 63, 64v.]
July 28.
Whitehall.
586. Mr. Popple to John Marsh. The Council of Trade and Plantations are ready to hear what you have to offer in relation to an Act of Antegoa to indemnify Ant. Brown etc. [C.O. 153, 13. p. 507.]
July 28.
Whitehall.
587. Same to Mr. West. Encloses, for his opinion thereupon, Acts passed at Antegoa, St. Christophers and Nevis, 1720, 1721. Requestsreports upon other Leeward Islands Acts now in his hands, Col. Hart being upon his departure thither. List of Acts annexed. [C.O. 153, 13. pp. 507–510.]
July 28.
St. James's.
588. Order of King in Council. Referring representations of 17th inst., upon an Act of Barbados appointing security to be given by appellees, to the Committee for hearing appeals etc. Signed, Edward Southwell. Endorsed, Recd. 4th, Read 8th Aug., 1721. 1 p. [C.O. 28, 17. ff. 176, 177v.]
July 28.
St. James's.
589. Order of King in Council. Referring Representation of July 17th, concerning the Virginia passes, to Committee of Council for their report. Signed, Edward Southwell. Endorsed, Recd., Read 8th Aug., 1721. 1 p. [C.O. 5, 1319. No. 11.]
July 28.
Whitehall.
590. Council of Trade and Plantations to Lord Carteret. Refer to Representation of 30th March, recommending removal of Mr. Cox, President of Barbados, and that proceedings should be taken against him. Continue: We have since that receiv'd frequent complaints against him and some of a very high nature relating to extraordinary and illegal innovations made by him in the election of a new Assembly and of ye treatment of the said Assembly when elected (copies enclosed). If the facts contain'd in these papers should be veryfy'd, and Mr. Cox should not be able to give a sufficient answer thereunto, they will certainly demand ye severest sensure and punishment as tending to the entire subversion of ye liberty and constitution of that Island. Considering therefore ye great confusion Barbados is now in, and that we have not receiv'd from Mr. Cox any account of his proceedings since 4th Feb., tho' several ships are come from thence since ye matters complain'd of were transacted; we are humbly of opinion it is highly necessary for H.M. service, and the peace and quiet of that Island, that the Lord Belhaven appointed H.M. Governor there should forthwith repair to his Government; and that immediately upon his arrival, he should put the said Mr. Cox under arrest that he may be sent over to Great Britain by the first ship that shall come from thence to answer to those and such other complaints as shall be made agt. him by the people of Barbados for his evil administration. [C.O. 29, 14. pp. 135–137.]
July 29.
Whitehall.
591. Mr. Popple to John Ayscough. Upon Sir N. Lawes' complaint of difficulty in procuring a quorum in Council of Jamaica, enquires whether he designs to return, and when. Similar letter to John Moore. [C.O. 138, 16. pp. 297, 298.]
July 29.
St. James's.
592. H.M. Warrant granting further leave of absence to John Ayscough from the Council of Jamaica for a year. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 59.]
July 31.
Whitehall.
593. Mr. Popple to Mr. West. Encloses Acts of Jamaica, 1721 (i) to oblige the inhabitants to provide themselves with a sufficient number of white people, etc., and (ii) for the relief of persons who have suffered from piracies and robberies at sea or on shore by any of H.M. subjects of this Island, for his opinion thereon in point of law. [C.O. 138, 16. pp. 298, 299.]