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AMERICA AND WEST INDIES, JULY, 1712-JULY, 1714,
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CONTENTS,
PAGE
CORRIGENDA - IV-
PREFACE v-
CALENDAR GENERAL INDEX -
Wt. 5622. C.P. a.
(iv.)
CORRIGENDA,
Page 10, line 13. For Phill. read Phile. ,, 17, line 30. For Governors read Governor. „ 38, line 28. For 1388 read 388. ,, 191, line 3 from bottom. For 30 read 20. ,, 252, line 13. For Heldison read Addison. „ 287. Delete No. 551, which should be dated 1715. „ 312, line 36. For [?Earl of Dartmouth] read [? Lord Bolingbroke].
(v.)
PREFACE,
11.
GENERAL.
The present volume carries the publication of the Colonial series of State Papers down to the end of the reign of Queen Anne.
Treaty of The announcement of the Truce, and, presently, of the Treaty of Utrecht and its terms was received in the Colonies with a chorus of welcome (50, 66, 339, 396). The addresses no doubt bear witness to relief at the end of a long and expensive war (94 xii., 145 ii., 153, 231, 453, 453 i., 464, 468, 496 i.). If the weak points of the Treaty were realised, they were not yet openly expressed. Only the Jamaicans, disappointed of their hope of regaining the Asiento trade, and anxious lest the monopoly of the Royal African Company should be renewed, bewailed their lot and refused to sign a con- Cape Breton, gratulatory address (612 i.). As to Cape Breton, the Council of Trade were asked for and gave the grounds for their statement that it had always been esteemed part of Nova Scotia by the French themselves (162, 166). No sooner was the Treaty signed, than the French began to settle and fortify that island, diverting to it all the energy and funds which had hitherto been spent on Acadie and Placentia, and placing it under the Govern- ment of the late Governor and Lt. Governor of Placentia (521, 522). Their schemes for settling on the Mississippi also caused apprehension (295).
Hudson's Petitions were presently submitted by the Hudson's Bay Company and the planters of Montserrat for the settlement of the reparation to be made to them for damages inflicted by the French in time of peace or armistice (v. § 3). Steps were accordingly taken for the appointment on both sides of the Commissaries who.
VI.
PREFACE.
Peace with
Eastern
Peace
establishments.
by the 10th, llth, and 15th Articles of the Treaty, were to settle these matters (638, 638 i., ii., 667, 674, 675, 691, 727, 736). Among the terms not in the bond was an arrangement by which, in return for the release of prisoners who had been sent to the galleys on account of their religious belief, it was agreed to make some concessions in favour of French inhabitants of the Plantations now ceded to Great Britain. Governor Nicholson was instructed to allow the French inhabitants of Nova Scotia and Placentia to continue to enjoy their estates until H.M. pleasure was further known (343, 386).
The Articles of Peace and Commerce with Spain were circulated to Governors in April, 1714 (632). Already smce ^ne Truce the old question of the Spanish claim to Salt Tertudas had been raised again. Spanish privateers seized British vessels raking salt on that barren and uninhabitable island, on the grounds that it belonged to the Crown of Spain. New Englanders, on the contrary, asserted that the Spaniards had no occupancy there ; that it was " free and common as the ocean " ; and that the right of raking salt there, established by long usage and by Treaty, was essential to their fishery and of no value to anybody else (478 i., 484, 484 i.-vii., 504, 513, 513 ii.). This view was supported by the Council of Trade in their report on the subject (554 i.).
The prospect of the conclusion of the war with France made the Eastern Indians anxious to come to terms with the New Englanders against whom they had rebelled. The terms of their submission are reported by Dudley (464, 466, 467).
Many problems, the natural aftermath of a long war, now called for decision. Among these was the establish- ment of troops necessary in times of peace, and the further question as to how far the Colonies could be induced to pay for their quartering and subsistence (275, 309, 413, 637, etc.). In view of the cost of supplying the Plantations with ordnance and stores of war, the Lord High Treasurer instituted enquiries as to how the Colonies could be made to pay for the whole charge of their governments (349, 574).
PREFACE. vii.
Amongst other advice and petitions as to the terms of
the Treaties of Peace and Commerce (205, 206, 247), is a
petition from West Indian merchants and planters
Foreign against prohibitory duties being laid on British sugar
Sugar duties. * J °
and other West Indian commodities imported into France and French dominions (188, 247, 248). On the other hand, came a petition from Barbados against the importation into the Northern Colonies of rum, sugar, and molasses from Surinam, which was able to undersell the British Sugar Islands (482). After interviewing the agents for Barbados and Massachusetts, the Council of Trade decided to recommend that the trade between the Plantations on the Northern continent and foreign Plantations should be prohibited by law here (577). A bill was ordered to be brought in accordingly (589). Thus we find that in three particulars there was initiated after the Treaty of Utrecht the policy which was to be pursued with such singular infelicity after the Peace of Paris. This point has not, I think, hitherto been appreciated by historians. Proposed The problem of settling soldiers on the land always
settlements A ° »
by disbanded arises after a war. The Empire had new land to be settled and disbanded soldiers in plenty, but after so exhausting a war little enough of the capital necessary for financing such projects. We have, then, petitions from a group of disbanded officers and soldiers for a grant of vacant land between New England and Nova Scotia (357, 366, 379 i.). They asked for a free passage and full pay for two years, amounting to some fifteen thousand pounds (385). The Council of Trade in reporting upon this proposal as desirable but expensive, suggested Nova Scotia as more suitable for such an experiment. Their suggestion was adopted (366, 390, 448 i.-iii., 459, 460 i.). It is interesting to observe that ^e original promoter of the scheme was Thomas Coram, whose name is familiar to Londoners as the Founder of the Foundling Hospital, and the eponymous hero of Coram Street and Dickens' s Tatty Coram. In pressing the proposal put forward by him both as a means of saving starving ex-soldiers and of developing the Empire, he gives some interesting details of his own career (460 i.),
Vlll. PREFACE.
with which his biographers do not seem to be acquainted (v. D.N.B. and authorities there quoted).
" Nova Anna " Expense proving a stumbling-block, a new scheme was next proposed for settling a Colony to be named Nova Anna on the site originally suggested. Settlers were to receive a grant of the lands, and a patent for coining 1500 tons of copper half -pence and farthings for England and the Colonies was to provide them with the necessary capital of £105,000. The report of the Master of the Mint, Sir Isaac Newton, exposed the weak point in these calculations (618 ii., 629, 633-640 i.), whilst the Council of Trade called attention to the rights of Massachusetts in the lands mentioned. They added that none of the other Colonies had been settled at the charge of the Public and in so burthensome a manner as this appeared to be (659).
French A complaint was made by the French of illegal trade megai trade, carried on between Barbados and Martinique, and shared in and protected by Capt. Vanbrugh of H.M.S. Sorlings in defiance of the French Governor, his own Instructions and the provisions of the Treaty of Peace and Neutrality (716 i., 733, 733 i., 735, 737). *
Abuse of The consideration of a batch of Acts from Pennsylvania
61Actsrary drew attention to an anomaly in the matter of temporary laws enacted there and elsewhere. The device of re- enacting an expiring temporary law before it was repealed provided a loop-hole whereby the right of repeal vested in the Crown might be evaded (553, 689, 689 i., 692). The Attorney General pointed out that in other than Proprietary Governments the case was already provided against by Instructions to Governors. But an Act of Parliament was needed to remedy the mischief in the case of Chartered Colonies. He remarked upon the absence of any obligation in the Charters of Rhode Island and Connecticut for the submission of laws for the approval of the Crown (728). Act In response to urgent petitions and reports from
Tobacco e Maryland and Virginia as to the condition of the tobacco trade and the necessity of reducing the several duties upon that article, and in pursuance of previous repre- sentations by the Council of Trade upon that subject, a
PREFACE.
IX.
bill for encouraging the tobacco trade was brought in. In Virginia an Act was past intended to restore the prestige of the Dominion tobacco (473, 473 i., ii., 684, 684 i., 686, 688).
In August, 1713, Lord Dartmouth announced to the
Dartmouth, several Governors that he had been succeeded by Lord Boiingbroke as Secretary of State for the Southern Department (455, 456, 487, 489). In spite of the enormous amount of business in which he was involved by the negotiation of the Treaties and home politics, Boiingbroke gives many indications of his grasp of the numerous important problems in Colonial affairs, which were now calling for solution, notably in Newfoundland, Nova Scotia and Jamaica (699, etc.}. In one of the earliest
His activity, instructions issued by him, he insisted upon the rights of Patent Officers being maintained (487). At the same time the abuse of Patent Offices was growing apace. Erasmus Lewis, for instance, was appointed Provost Marshal General of Barbados and allowed to exercise his office by Deputy on the ground that he was Lord Dartmouth's Secretary. His patent was revoked when Dartmouth was dismissed (96, 98, 111, 452). This, however, may not have been a case of post hoc, propter hoc. For Bolingboke some months later was apparently ignorant of the change, and wrote to recommend Lewis and his Deputy to the particular protection of the Governor of Barbados. Possibly Lewis, in view of the uncertainty of the political situation, may have thought it wiser to strike a bargain and to sell the reversion of his place to his successor. Certainly the activities of the Jacobite party were increasing at this time, and are reflected in the changes which were taking place or being prepared in official life both at home and abroad. The appointments of General Nicholson, of Major Lloyd, of Lt. Governor Pulleyne and of William Sharpe, as well as the neglect of Col. Hunter and Col. Vetch and the recall of Governor Lowther and Lt. Governor Bennett must be considered in this light. Even that excellent servant, William Popple, the Secretary of the Board of Trade, was now threatened with dismissal as the reward for his sturdy Protestantism and support of Governor
X. PREFACE.
Hunter and the Whig party. According to his own official statement made in June, 1716, he would have been turned out had Queen Anne lived a few days longer, for his place was " already promised to another." (C.O. 152, 11. No. 11.).
Commissioners Qne of Bolingbroke's notions was to send Commis- into sioners to enquire into the disorders and confusions in 3' Jamaica, Barbados and the Leeward Islands and other Colonies in those parts, with a view to taking steps to put an end to them (612). This was an extension of the idea which had prompted the sending out of General General Nicholson with a large Commission of enquiry into the Commission, affairs of the Northern Colonies (97). This Commission was primarily to enquire into the disposal of stores of war and funds granted to the Colonies since 1701 for various purposes ; into the state of H.M. forces, woods, fisheries, settlements and into clandestine trade ; and to treat with the Indians. Nicholson was empowered to dispose of superfluous stores remaining over there from the Canada Expedition, etc., and also to take back to America those which had been returned (97, 242, 259). The Lords Proprietors of Carolina were also permitted to commission him to enquire into and report upon the disorders in North Carolina (154, 264). He was also instructed to recover arrears of prize money due to the Crown. For there were good grounds for suspecting that there had been embezzlement or fraudulent conceal- ment of considerable sums of this nature in the Planta- tions (267 i.-iii., 301, 301 i.-iii., 312 i.). Nicholson was further directed to report upon the delay in fixing the boundaries between Virginia and Carolina and between Pennsylvania and Maryland (311 i.). In addition to
Governor of all these trusts, he was appointed Governor and Corn- Nova Scotia _ . _., . „ - __. _. . , .._
and mander in Chief of Nova Scotia and Newfoundland (104, Newfoundland. 1Q5) His departure was delayed by bad weather.
He did not arrive at Boston until the end of the year,
when he immediately began to prosecute his enquiries
into the affairs of the Northern Plantations (407, 443,
Loyalist 524 ff\ With Dartmouth's approval he took over
Propaganda. t/|/ ' **
with him some printed copies of the Queen's speech of 16th July and had 3,000 more printed in Boston, to be
PREFACE.
XI.
Prisoners
sent home
for trial.
circulated as propaganda to counteract " the traitorous factious and ill-natured pamphlets," which were being sent over and " industriously spread abroad amongst the people " (425, 432, 523, 731).
Several instances occur of prisoners being sent home for trial — from Jamaica, the Leeward Islands and Virginia — under the statute of Henry VIII. referred to in former volumes. Such procedure does not appear to have been regarded as a grievance in the Colonies then as it was in Massachusetts some 60 years later. The objection came from England. For one reason or another, the witnesses and evidence in these cases lagged behind the accused. Lord Dartmouth therefore gave directions that Governors should be instructed not to transmit any prisoners without sending full proofs of their guilt at the same time (34, 49, 62, 135, 233).
In response to the repeated requests of the Board of Trade, a considerable number of accounts of Revenue came in from various Colonies (420, 421). The Board again drew attention to the inconvenience caused by absentee Councillors (486). Their own salaries were seven quarters in arrear in Jan., 1713 (254). The Assistant Secretary, Adrian Drift, was sent to Paris to help Mat. Prior in the negotiations of the Treaty.
At the close of the war, Mr. Dummer proposed to renew his packet-boat service, which had been suspended owing to the great losses inflicted by enemy privateers (10, 10 i., 13).
The unfortunate Jeronimy Clifford, still languishing in Fleet Prison for debt owing to the refusal of the Dutch to compensate him for his property in Surinam, now saw reason to fear that he was in danger of losing his lands in Jamaica (369).
§n.
THE AMERICAN COLONIES.
Carolina: Robert Johnson was appointed Governor of Carolina
appointed, in April, 1713 (316), and Charles Eden Lt. Governor of
North Carolina, in succession to Edward Hyde, who died
in Sept., 1712 (99, 331 i.). The death of the latter
Board of
Trade. Revenue Accounts.
Absentee Councillors.
Packet-boat service.
Jeronimy Clifford.
Xll.
PREFACE.
Disorders in N. Carolina.
War with Tuscaroras.
Help from Virginia.
Col. Moore defeats the Tuscaroras.
rendered confusion more confounded in that distracted Government. Political divisions paralysed attempts at defence against the Indians and even caused failure to fulfil the obligations undertaken on account of forces from Virginia sent to relieve the country (25, 99). A fresh outbreak of the Tuscaroras followed close upon the peace hastily patched up by Col. Barnwell. They were exasperated by his conduct in carrying off captives on his retirement to South Carolina, and encouraged by promises of help from the Senecas. These irregular proceedings, the Lt. Governor of Virginia declared, " discourage and disenable me to assist " the Carolinans (25). Before long, however, in response to a despairing appeal from the Assembly of North Carolina, he managed to extract from the very unwilling Burgesses of Virginia a grant of £1,000 for their assistance. The Assembly not without reason looked upon their neighbours as largely responsible for their own misfortunes, as well as for the danger which threatened the Virginian frontiers " by the continued disorders in the Government and the disorders of the people." But Spotswood remarks that the sum thus voted, though inadequate for the task of subduing the enemy, was the greatest donation ever made there to be spent out of the country. The Assembly of North Carolina had offered to supply provisions and the cost of transport for Virginian troops. But it soon became clear that they could neither keep this promise nor supply more than one hundred men for an expedition against the Indians, even though a gift of clothing for them was voted by Virginia. For some of the inhabitants deserted the country to avoid military service in its defence, and others sheltered themselves under the cloak of Quakerism. In the meantime a force of 850 Indians and 33 white men under Col. Moore was marching from South Carolina to their relief (272, 272 i., 273). Moore's expedition met with unexpected success. He inflicted a thousand casualties upon the Tuscaroras and captured their only fort (272, 355). As the Government of Carolina was incapable of continuing the war, and it was now certain that the Tuscaroras were being assisted not only by the Senecas, but also by the Mohawks and others of
PREFACE. Xlll.
the Five Nations, Spotswood intervened to make peace (355, 524 iii. (a) ). The Tuscaroras, after their defeat, had come down to the Virginian frontier, and Spotswood endeavoured to raise a force to deal with them. He completely failed, however, to enlist even the small number of two hundred volunteers which he proposed to raise for that service. He decided, therefore, to make a Treaty with the Tuscaroras, and this, fortunately, they were ready enough to enter into (473, 502). The details of it are given (603, 603 i.-iii.).
Maryland was still suffering from the low price of tobacco, but the hopes of the planters rose as it gave signs of improving (11). We have seen (§1), that attention was paid to their petitions for a reduction of the duties upon that commodity (319, 503, etc.). Governor A new Governor was at last appointed in the person
appointed. rf j^ jj^ ^^ y^ ghortly after hig arrival (695)j
he reported that the impoverishment of the planters had
Drought and been increased by a serious drought, and that for want of satisfactory prices, they were abandoning the cultivation of tobacco and taking to raise cattle and grain. They were being compelled to manufacture clothing themselves, much to the detriment of the British woollen manu- facturers (717).
Census. A census of the inhabitants was returned (1712). But in Maryland as elsewhere neglect in keeping the registers rendered it very imperfect (11, 1*1 i.).
Claims of the The claims of the absentee Secretary were still ignored ignored, by the Assembly. In spite of a Royal letter mandatory, they refused to pass an Act for regulating ordinaries as directed, which should appropriate the benefit of the licences to that office as heretofore, and compensate Sir Thomas Laurence for his losses since 1704 (112, 586). They stated their case at length in an address to the Crown (567).
Nicholson's \ve have already referred to the Lords Proprietors' Commission to General Nicholson to enquire into the disorders in North Carolina and to appoint Deputies to the Council on their behalf (154, 264). He was also
Boi^thries instructed to investigate the delay in fixing the boundaires Virginia, with Virginia (311 i.). Although an Order in Council
XIV. PREFACE.
in Jan., 1713, directed the appointment of Commissioners to settle this long-vexed question, Spotswood in July, 1714, reported that Mr. Eden, the new Governor, had arrived without any instructions to that effect from the Lords Proprietors. He explained the advantage they drew from this delay and the steps he intended to take (178, 245, 726). Act for The Lords Proprietors sent out the draft of an Act,
q'St^nfs, drawn by the Chief Justice Trott, and approved and amended by them, for securing quit-rents and settling titles to lands (302, 303). They withdrew their order that grants for new lands should only be issued by order of the Board in London, but fixed the rates, quit- rents and limit of each grant (462, 469). On complaint
Taxation of from Virginia, an Act imposing duties on Virginian
Virginian TTT
Indian traders with the Western Indians, contrary to previous Traders. instructions> was repealed (178, 245).
Coi. Carey Col. Carey and those of his supporters who had been
Dei?eturn. * caught and sent home from Virginia for trial, were permitted to return to Carolina, no evidence against them having been forthcoming to support a prosecution (135, 233 ; v. § 1).
Massachusetts To Bolingbroke, on his succeeding Dartmouth, Governor Dudley described the steps he had taken to defend the frontiers of New England and the difficulties he experienced in obtaining the release of English prisoners in Canada (116, etc.). The Council and Assembly of Massachusetts Bay addressed the Crown for a further preference to enable New England to compete successfully with the East Country in supplying the
Naval stores. English market with Naval Stores (592). In response to an enquiry from the Board of Trade, Dudley gave an
Paper Money account of the issues and provisions for paper money in fc'New England (384, 509). The question had been raised by the Postmasters General. For bills of credit having been made current as specie and standing at a heavy discount, the collection of postage on letters involved considerable risk, as well as immediate difficulty owing to the fact that the lowest denomination of the paper currency was for the nominal value of five shillings (340, 340 i., 378, 384).
PREFACE. XV.
Submission of The close of the war brought with it the submission
Indians, of the rebellious Eastern Indians (464, 466, 467). Dudley
was also able to announce the conclusion of an agreement
with Connecticut over the long-standing boundary
dispute (464, 464 i.).
Newbury There is a petition from the churchmen of Newbury
Church. J
in which there is a hint of a proposed episcopal establish- ment (519, 519 i.). New York. Throughout this period the position of Governor
Governor ° A
Hunter's Hunter in New York was one of great and increasing
•]•/¥> ij • O C2
difficulty. The Council of Trade, indeed, supported him loyally at home (313, 324, 409, etc.}. But the sinister opposition of Lord Clarendon was plainly revealed in an attempt to prevent the pardon of the negro con- spirators whom Hunter had reprieved (293). As the danger of a Jacobite revolution grew more pronounced, the prospect of his being left in the lurch or superseded added to his anxieties and difficulties (404, 665). No notice having been taken of his continual applications
The Palatines. for funds to carry on the settlement of German Protestant Refugees until the production of Naval Stores should have begun to pay their way, he was at last compelled to throw them upon their own resources. Many of them at once proceeded to settle on the lands at Schoharee. They had long desired to do so, but Hunter had done his best to prevent them. There they were soon starving (122, 404).
struggle with The long constitutional struggle with the Assembly of
the Assembly. .*• i
.New York now reached a very critical stage. Hunter appealed again and again to the Board of Trade, to Dartmouth and Bolingbroke, assuring them that nothing now remained but for measures to be taken by Ministers at home (123, 124, 169, 171, 293, etc.). It is significant that he who had acted with so much forbearance and moderation felt compelled to ask for an increase of troops to support the Government (100, 338). The Assembly still insisted that the Council had no right to amend money bills, and received the ruling of the Board of Trade on that point with " indecent heats and undutifull expressions " (7, 122). They assumed the right of adjourning themselves ; denied the right of the Governor
XVI.
PREFACE.
Act for settling the Revenue.
and Council to erect Courts of Judicature ; challenged the right of the Crown to appoint officers or to dispose of public money, and persistently refused to vote an adequate revenue for the support of the Government (126, 169, 293). No question of economy was involved in this refusal, for their own frequent sessions cost more than the money they saved by not voting a revenue (122, 293, 293 i., 362). These and other infringements of the Royal prerogative could only be part of a policy intended to place the whole control of government entirely in the hands of the Representatives. On these grounds the Council of Trade recommended the passing °^ ^e Act which had been prepared in 1711 for settling the Revenue of New York over their heads (313). It was ordered to be introduced, but the close of the Sessions being at hand, it was not laid before Parliament (330, 409, 412). The threat of it, however, was sufficient to induce the Assembly to make a show of passing a Revenue Act. It was for one year only, and quite inadequate (404, 665). In pursuance of his Instructions, Quit-rents. Hunter had begun to enquire into the quit-rents. He found that the planters had entirely ceased to pay them, relying upon the " sence and strength of a country jury, if they should be sued." The interest of the Crown had been badly served by former extravagant grants and renewals which reduced the original quit-rents. Hunter called attention to the insignificance of the sum due from so important a Province, and raised the question of the validity of such grants (293).
The Attorney General was consulted on this and other points in connection therewith, and also concerning escheats and the whale-fishery (328, 334, 427, 665).
Hunter reported the building of the two forts in the Mohawks' and Onondages' country (122), and also gave a curious account of the social and political customs of the Five Nations (295). He mentions that great apprehension was felt on account of French plans for making settlements on the Mississippi, "all along the backs of our settlements " (295).
Affairs in New Jersey were at a standstill whilst Hunter awaited a decision upon his application for the
The Five
Nations.
New Jersey.
PREFACE. XV11.
Councillors dismissal of the obnoxious Councillors. In the mean- time Mr. Sonmans absconded with the Records (122, 296). At last an order was passed for making those changes in the Council which Hunter had declared to be necessary for the peaceful government of the country (65, 315). Harmony being thus restored, he was soon able to report the passing of many acts, and the settlement of the revenue for two years (404, 665).
Nova Scotia. General Nicholson was appointed Governor of Nova Scotia in Oct., 1712 (97, 104, 105). Col. Vetch had continually represented the great difficulty he was experiencing in victualling the garrison at Annapolis Royal, their credit being exhausted and bills of exchange unpaid (31, 255). Nicholson did not visit his govern- ment, but, from Boston, accused Vetch of fraud and maladministration, on the reports of Sir Charles Hobby (652, 731). In pursuance of an arrangement with the French Court, by which English prisoners condemned to the galleys on account of their religion were to be released if some favour were shown to French inhabitants of the ceded territories, General Nicholson was instructed to permit the French settlers in Nova Scotia to retain their lands and tenements till H.M. " pleasure be further known," or to sell the same, if they preferred to quit the country (343, 370).
Acts of T^ consideration of a batch of Acts from Pennsyl-
Pennsylvania.
vania (434, 525), raised a problem of considerable import- ance. By the terms of Penn's Charter, he was allowed five years after the making of a law in which to submit it for H.M. approbation, but it could only be repealed within six months of its being delivered to the Privy Council. The Council of Trade represented that six months was too short a period for the proper consider- ation of a large number of acts if submitted at a time of great pressure of business. Moreover, this provision opened the door to the passing of temporary acts, possibly of an objectionable character, which would expire before the date at which it was necessary for them to be laid before the Privy Council. Supposing such an act were disallowed, it could be re-enacted before any intimation of repeal could arrive in Pennsylvania.
xvm.
PREFACE.
Penn's surrender.
By refraining from submitting the new temporary act until near the time of its expiration, the same process could be repeated, and thus the prerogative of the Crown of approving or disapproving acts might be evaded. A case in point was an act laying a duty upon incoming shipping other than that owned by the inhabitants of Pennsylvania (553).
It was decided that the agreement with William Penn for the surrender of his propriety should be proceeded with. As he was now incapable of attending to business, an Act of Parliament was ordered to be prepared, for supplying his incapacity and altering the method complained of as to temporary laws and the time limited for transmitting and approving laws. The Attorney General reported that " during the last session of Parliament a bill for that purpose could not be settled, in regard of some difficulties between the mortgagees and family of Mr. Penn." In other than Proprietary Governments the case of temporary laws was provided against by the Governors' Instructions. But enquiry into the subject drew attention to the fact that there was no obligation by charter for Rhode Island and Connecticut to transmit their laws for H.M. approbation at all, and an Act of Parliament would be necessary to introduce any change in such charters (689, 689 i., 728).
We have already referred to the delay in fixing the boundaries of Virginia and the aid given to Carolina against the Indians. It was only with great difficulty that Lt. Governor Spotswood induced the Assembly to sanction those measures. They were unwilling to take any steps for the defence of the country, and the Militia was allowed to remain practically useless, although the danger of negro insurrections and Indian risings remained, even after the conclusion of the Peace. Spotswood devised a scheme for strengthening the frontier by settling parties of the Tributary Indians and some of Baron de Graffenried's Palatines along it (99, 726, p. 278). Spotswood managed to persuade the Burgesses to pay the debt incurred for previous Measures of measures of defence sanctioned by them, but they refused to pay for the spy-boat he had commissioned (272, 325,
Virginia.
Defence.
PREFACE. XIX.
410). So serious was the position, that the Council of Trade recommended that a grant of arms and ammuni- tion should be made, but under strict regulations to prevent the recurrence of loss and embezzlement (25, 260, 261). A frigate was appointed to protect the coast from pirates (375).
The Spotswood was anxious to make it plain that the
Assembly acted through no lack of confidence in himself, but that they were committed to a policy of economy at all hazards. They had pledged themselves to their constituents to raise no taxes, " let the occasion be what it will." He attributed this attitude to the wide franchise by which the purchaser of only half an acre of land was entitled to a vote (99, p. 278). The Council of Trade thereupon recommended the passing of an act for the qualification of electors and representatives, threatening an Act of Parliament to that effect, if the Burgesses should refuse (325).
The Assembly rejected a bill embodying H.M. Instructions as to the method of granting lands (272, 272 vi., 410) ; but Spotswood proceeded to put the Instructions into force (272, 453, 473). By the end of 1713, however, he was able to announce that the Assembly had concluded their session satisfactorily by passing the Act declaring what shall be accounted a suffi- cient seating, etc., as well as an important act for preventing frauds in tobacco payments, calculated to improve the position of the tobacco trade. It is a curious com- mentary on the political morality of this age of placemen, that he quite unblushingly observes, with regard to this act, that it will have the additional advantage of enabling a Governor for the future to carry " any reasonable point in the House of Burgesses ; for he will have in his disposal about forty agencys, likely to yield nigh £250 per annum each ; these my intentions are to dispose of among the most considerable men of the Colony, and principally to gratify with a place all the members of Assembly who were for the bill ' (502, 530, 530 i., 531). Returns and In the course of replies to the enquiries of the Board of Trade in which he made returns of the revenue, negroes, and neighbouring Indians, etc., Spotswood explained
Wt. 5622. C.P. b.
XX.
PREFACE.
Mines.
that the taking of a census was impossible owing to the fear of the inhabitants that it would be used for imposing a capitation tax. As elsewhere, the registration of births, christenings and burials was very imperfectly observed (25, 25 i.-iii., 272, 272 iii.-v., 603).
Spotswood was profoundly interested in the explora- tion of the mountains on the frontier and the development of mines reported to have been discovered there, a project in which he engaged the services of Baron de Graffenried. He pressed for a declaration of the royalties which would be claimed by the Crown. Without this, prospectors would not proceed. The Council of Trade recommended that the Crown should demand a fifth part of all gold and silver ore mined, a figure sug- gested by the charter of Massachusetts Bay (25, 287, 599 ii., 671).
Action in the matter of the Tobacco duties is referred to in § 1. Among the remedies proposed for restoring prosperity to the tobacco trade was a scheme for keeping it in bond in warehouses (355).
Drought. A long continued drought threatened the crops (726). Body of Laws. Spotswood's plan for collecting and publishing a body of laws was approved (410, p. 137).
§ 3.
Tobacco in bond.
The Bahamas.
Barbados. Guardships.
THE WEST INDIES.
The Bahamas, according to the Lt. Governor of Bermuda, who wished to have them annexed to his Government, were now nothing more than a nest of pirates, who preyed chiefly upon Spanish commerce (651).
The appearance of a French fleet off the Leeward Islands (v. infra) occasioned an appeal for the help of the Barbados guardships. Governor Lowther seems to have done his best to send them. But unfortunately the Naval officers in command chose to take umbrage at his manner and to waste time over the question of his right to give them orders rather than to seek out the enemy and protect the Leeward Islands (69, etc., v. Leeward Islands).
PREFACE.
XXI.
Recall of Governor Lowther.
Assembly and In Barbados the Assembly were having the same dispute with the Council over the amendment of money bills as was being fought out at New York. Lowther plainly describes it as part of a move towards making themselves independent of the Crown (45). The Council of Trade agreed, and stated their view of the matter, making pointed reference to the revenue act intended for New York (412). Lowther had, however, by that time nearly reached the end of his tether. Complaints against his choleric and high-handed actions, notably in the case of Alexander Skene, whom he had been ordered to restore to his places, ended in his recall (143 i., 150, 172, 333, 333 i. //., 344, 412, 475, 487, 545, 571, 571 i.-vi., 576). He was commanded to hand over the administration of the Government to the President of the Council, William Sharpe (576). It was Sharpe who had brought out the order for the Governor's return. Lowther refused to surrender the government to him until the eve of his departure (654, 657). Sharpe, after duly lodging his complaint against this procedure, reported that the condition of the fortifications was deplorable and the " public credit 60 or 70 per cent, discount." He describes his endeavours to remedy this state of things, and complains that he was obstructed by Lowther 's party in the Assembly (696, 711). His first steps were directed to reviewing the Militia and re-appointing those officers whom Lowther had turned out, replacing them by his own creatures (711). He wished to deal with the Council in a similar fashion. As Sharpe was reputed to be a Jacobite, and was appointed by Bolingbroke's Ministry at this juncture, these proceedings may perhaps have been tendencious. It is interesting to note that of twelve men of the best estates submitted by him as suitable for Councillors, no fewer than four had been educated at English Universities (711 i.). Petition A petition was presented by the Barbadians against
against the ., . ,. . -vr T, , -, f -,
importation of the importation into New England 01 rum, sugar and
molasses (482, „. § i.). Gamson' ^e Board of Ordnance having represented that a establishment, large sum was owing for the establishment of gunners at Barbados, and that there was no money forthcoming
XX11.
PREFACE.
Census.
Bermuda.
Hurricane.
Pulleyne succeeds Bennett.
Salary and
House-rent.
Presents
forbidden.
Poverty of the Island.
Complaints against Spanish
privateers.
to pay it, it was decided that they should be dismissed, and their places filled by matrosses to be paid by the Assembly (275 i., 679 i., 680, 682).
Returns were made giving lists of inhabitants, births, christenings and burials (45 ii., v.).
Lieutenant Governor Bennett received information in the spring of 1712 that the French were preparing to attack Bermuda. The expedition, however, was con- fined to the Leeward Islands (44, 44 i.-iii.). But in the autumn the island was visited by a disaster almost as ruinous, " the most severest hurricane that has been known here." This was on Sept. 8th, eleven days after that which devastated part of Jamaica (77, 94, 540). Shortly afterwards Henry Pulleyne was appointed to succeed Bennett (147). His instructions permitted him to accept provision for a house or house-rent from the Assembly, provided it were made in the first sessions after his arrival and for the full term of his office. His salary was increased by the addition of £100 from the Exchequer, but he was forbidden to accept any present from the Assembly. It was hoped that in acknowledge- ment of this relief the Assembly would be the more ready to provide for the defence of the island (339 i., 540). Pulleyne reported that the Treasury was in debt to the extent of a thousand pounds or so, and that the poverty of the island was so great that it could not raise even this small sum and pay the usual expenses of the Government. The fortifications and public buildings were in a ruinous condition. After voting a small sum of money which had been used in the prosecu- tion of Jones, the Assembly refused to raise another penny (540, 651).
Complaints were lodged against Spanish privateers which, after the peace, by virtue of alledged commissions from Havana, etc., were seizing any British vessel which had on board Spanish money, logwood, salt, hides or cocoa. It was recommended that reparation should be demanded from the Court of Madrid (544, 544 i., ii., 590, 596, 600, 601, 651).
On the other hand, the Spaniards were not without cause of complaint both as regards Jamaican privateers
PREFACE. XXlii.
(94, 107) and the nest of pirates in the Bahamas (651). Jamaica. Whilst Jamaica was preparing to resist a possible
Disastrous r._
Hurricane, attack by the French, a terrible hurricane swept across the island (28 Aug., 1712), devastating a large tract and dashing the hopes of the planters who had begun to look for a prosperous season. As much damage was done, it was said, as by the great earthquake. Terrible havoc was wrought among the shipping in the harbour. The long list of wrecks is given by the Governor (92, 94, 94 xv., 492). On receiving news of the Truce, Governor Lord Archibald Hamilton opened communica- tions with the Governor of Petit Guavas with a view to the observance and possible extension of it, the exchange of prisoners, and, in accordance with his instructions, to the establishing of trade relations. His proceedings were hindered by a violent quarrel with
Bear Admiral Rear- Admiral Sir Hovenden Walker, Commodore of the
H Walker
recalled. Jamaican Squadron. The truculent behaviour of the Admiral, combined with a direct charge against him of using H.M. ships for purposes of trade, led to his recall (148, 148 xii., xiv., 149, 149 i. //., 167, 167 i.-v., 176, 238, 239, 277 i. //., 292, 413). It is noted that he was on terms of intimacy with the extreme members of the Assembly, whom we have met in previous years, and who conducted a campaign of opposition against the Government not unlike that which was in progress in New The Governor York (149). Lord Archibald, however, reported that Assembly, they represented only a small and noisy faction, and that the generality of the country was well disposed both towards himself and the Queen's service. The Assembly made a satisfactory provision for the revenue (149, 492). The next sessions of the Assembly, however, was attended with so much heat and altercation that the Governor dissolved it, Oct., 1713 (492). But the same violent dissension broke out in the new House (Nov., Dec.). The chief point of dispute was the provision for the sub- sistence and quartering of the Regiment, much clamour being raised against the maintenance of a standing army, although by the peace establishment the Regiment had been reduced, after very careful consideration, to 300 men. The presence of some such force was necessary
PREFACE.
Governor and ^ COpe with the danger of negro insurrections, if nothing
obHged'to else (94, 290, 413, 492, 527, 580, 606, 612 ii., 637, 642,
prSegiment. 701). When the act for providing quartering and
subsistence expired, the Governor and Council were
obliged to advance the money for that purpose out of
their own pockets (664), the Assembly having been
dissolved after a short sessions on account of their
" violent and unwarrantable proceedings " (527, 615).
Pretentions These are enumerated by Lord Archibald. They
and violence of •* *
the Assembly, adjourned themselves without the Governor's leave, as in New York and Barbados ; they denied the right of the Council to amend money bills ; they attempted to arrogate to themselves the right of reviewing H.M. Regiment without consulting the Governor, and in other points endeavoured to infringe the prerogative of the Crown (615). The Council supported the Governor in his resistance to these encroachments (701). But it was complained that he had received little encourage- ment from Ministers at home, and that the consequences might prove very unfortunate (612 ii.). The Board of Trade, however, did not fail to express their opinion of the Assembly's pretentions. They clearly stated that
Ruling by the the claim that the Council had no right to amend money
Council of J
Trade. bills was groundless and would receive no countenance at home. The Assembly, as well as the Council, it was laid down, only sat as part of the Legislature by virtue of the Governor's Commission. Consequently, the Assembly's " assuming a right in no ways inherent in them is a violation of the Constitution of Jamaica, and is derogatory to H.M. royal prerogative." They must not persist in assuming the rights and privileges of the House of Commons ; if they did, measures would be taken to assert H.M. undoubted prerogative. Their adjourning themselves without the Governor's leave was another instance of their undutifulness and disrespect to the Crown, and unless the next reports from Jamaica showed that they had changed their tune, proper remedies would be applied (701). Another cause of offence was the refusal of the Assembly to join in an Address of congratulation upon the Peace, and then transmitting through their Speaker an Address in which they stated
PREFACE. XXV.
their dissatisfaction in the matters of the Asiento and the African trade (527, 612 i., 615). These proceedings were accompanied by scenes and measures of great violence in the Chamber and the country. Bolingbroke wrote to Lord Archibald in June, 1714, explaining that great pressure of affairs had prevented him from examining the disordered circumstances of Jamaica, but that he hoped shortly to be able to devote his attention to it (612 ii., 699). This letter was written two days before the despatch of the Board of Trade already quoted (701). He had already informed the Board of Trade that no answer was to be made to the Address from Jamaica referred to above, but that the " disorders and con- fusions " in Jamaica, Barbados and the Leeward Islands seemed to call for some speedy remedy, and that it Commission was therefore proposed to send to those parts a Com-
of Enquiry x *• . . A
proposed, missioner, with instructions similar to those given to General Nicholson on his mission to the Northern Colonies and Carolina. These instructions the Board was instructed to prepare (612).
Acts. TWO of the Acts passed at this time were repealed.
The first, for preventing any one person holding two or more offices by deputy, was objected to as directed against a particular individual. It was alledged, but also denied, that there were abuses resulting from the uniting of two offices in the case of the Secretary and Provost Marshal (278, 399, 422, 429-431, 437, 440, 444). The Act for the relief of the inhabitants of Kingston was annulled as misrepresenting facts and infringing the property rights of the late Governor, Sir William Beeston (681, 690, 702, 723). The Attorney General having pointed out several objections in law to the Act for further quieting possessions, which was otherwise desirable in the interests of the island, the Council of Trade decided to accept the proposal of " several gentlemen on behalf of Jamaica," and withhold their report upon it until the Assembly should have had an opportunity of passing another law free from those objections (394, 413). There was a good deal of discussion over the disposal of escheats, a question raised by the Governor (441, 441 i.).
XXVI.
PREFACE.
Leeward
Islands.
Governor
Douglas
recalled.
Raids by French.
Montserrat plundered.
Refusal to capitulate.
Danger of Antigua.
This volume opens with one of a series of complaints by Robert Cunynghame against the Governor of the Leeward Islands for harsh and arbitrary conduct in St. Christopher's (1). Douglas replied to these charges as well as that of feathering his nest by compounding with the rebels in Antigua (127, 678, 678 i. //). He was recalled in the following year, and Walter Hamilton appointed to succeed him (447, 449, etc.). His com- mission was prepared, but not signed (461). Douglas did not leave his Government till four months after he received his letter of recall, and then left Daniel Smith, Lieut. Governor of Nevis, in command (605).
Before this, Barbados and the Leeward Islands had suffered much alarm, and Montserrat great damage, from the French expeditions that were abroad under MM. Duguay-Torin and Cassart. Early in the morning of July 6th, 1712, a powerful squadron, including seven men of war, appeared off Antigua. They endeavoured to effect a landing at Willoughby Bay, but abandoned the attempt, according to one account because they saw a few horse and foot ready to receive them (38), according to another, because of a heavy sea (33 ii., 38, 95 i.). This was Cassart' s " private robbing expedition," which, after plundering Santiago and making an attempt upon Surinam, had been reinforced from Martinique and Guadeloupe (33 ii., 38). Cassart proceeded to Mont- serrat. There he effected landings at Plymouth and Carr's Bay, putting ashore over three thousand men, who plundered and ravaged the island for twelve days (6, 8, 17, 33 ii., 57). The islanders, though ill-prepared for defence and suffering from the absence of their Lieut. Governor, appear to have acted on the whole with bravery and determination. Retiring to their " deodand," or strong place of refuge, they disputed the advance of the enemy, and refused to capitulate, in spite of the offer of easy terms. They were thus able to boast that a small force of 400 men had, against such odds, succeeded in maintaining H.M. sovereignty (38, 57 vii.). As soon as the French had left the coast of Antigua, Douglas had sent to Barbados for the assistance of the six men of war there. Rear-Admiral Sir Hovenden Walker,
PREFACE. XXV11.
outward-bound for Jamaica with the London Trade fleet, had left instructions with Capt. Hamilton, who was in command of them, to go to the aid of the Leeward Islands in any emergency. Capts. Constable and Clark were ordered to prepare to convoy the homeward fleet. But without informing the Governor they went for a cruize and did not return from it till July 14th (38, 69). strange There was an unfortunate delay in responding to Douglas' officers, appeal. The causes of it are clearly exposed in the despatches of the Governor of Barbados, and in the formal complaint to the Admiralty by the Governor, Lieut. Governor, Council and Assembly of Antigua. They do no credit to the fighting spirit of the Naval officers concerned (45, 45 vii., 57 hi., iv., 69, 95 i.). After waiting in vain for some days for the arrival of these men of war, Douglas set sail from Antigua with the four small and partly disabled guardships of the Leeward Islands (8, 33 ii., 38). Heavy weather prevented him from landing on Montserrat, though the islanders made a sortie from their deodand to aid him. But his appearance off Plymouth Road alarmed the raiders, who hastily re-embarked after setting fire to the town. They returned to Guade- loupe (33 ii., 38, 95 i.), carrying with them 1,200 out of 5,000 negroes upon the island, besides other plunder (38, 69). By this raid all the records and laws of Montserrat were destroyed (G.O. 152, 15. /. 34 v.). Douglas had returned to Antigua, after causing some alarm at Guade- loupe. On 20th July the six men of war from Barbados at last arrived at Antigua. Douglas immediately rein- forced them with 400 soldiers, sailors and volunteers. Capts. Hamilton and Constable, however, decided not to attack the enemy if they should prove to be of equal force with themselves. Two days after their arrival they went out to reconnoitre in the direction of Montserrat, but returned on learning that the enemy had retired with his booty to Guadeloupe. They had thus missed an excellent opportunity of catching Cassart's ships in Plymouth Road with his men ashore. For the French landed on Montserrat on July 8th, and stayed there till the 19th, whilst Douglas' appeal for help reached Barbados on the 13th, but, owing to the unreadiness of Capt.
XXV111. PREFACE.
Constable and the unwillingness of Capt. Hamilton to sail without him, the men of war did not leave Barbados till the 17th. Ignoring the appeals of the Antiguans to stay for a fortnight and protect them from the further raid which was plainly threatened, or to attack with their aid the inferior French force now at Guadeloupe, they returned to Barbados on 26th and 27th July (38, 69, 95
i.).
Hasty preparations for defence previously neglected were made at Antigua (6, 38, 57). For, although the Governor of Martinique gave out that he was not rendering them any assistance, yet according to infor- mation from Martinique, Duguay-Torin was daily expected " with fifteen men of war to attack Barbados," whilst Cassart was still intending to raid Antigua and the rest of the Leeward Islands and hoping to intercept the homeward-bound Trade fleet (57, 69).
At the beginning of August a spy-boat reported that the two French squadrons had joined forces at Guade- loupe and were preparing for a descent upon Antigua. Their force now amounted to 16 ships and 32 sloops (33 i.). In these circumstances Governor Douglas again appealed to Barbados for the succour of the six men of war, who might then join the Leeward Islands convoys and conduct both their Trade fleet and that of Barbados on their homeward voyage (57, 69, 95 i.). In view of the enemy's strength the Governor of Barbados had already urged upon the Commanders the advisability of con- centrating all available naval forces at Antigua (Aug. 8). But Capts. Constable and Hamilton were entirely con- cerned with resenting any orders or interference from the Governor. On the 21st Aug. came another urgent appeal from Governor Douglas, dated on the 13th, and stating that he expected Antigua to be attacked within a few hours. After wasting several days quarrelling with the Governor and Council who urged their departure, the two Naval officers announced on the 24th that they were going to leeward to discover the enemy's motions, but that they must first be supplied with men and powder. So they continued to delay. It was not until Capt. Constable had received an impetus in the shape of £400
PREFACE. XXIX.
from some gentlemen of Barbados and a promise of an indemnity in case the Admiralty objected to his not sailing at that moment with the Trade fleet, that they finally consented to sail in the direction of the enemy. Nor would they approach Antigua until they had ascertained that there was no danger (38, 69, 95 i.). The Antiguans represent that had they joined forces as proposed, the ten English ships might well have destroyed the six Frenchmen, who carried 130 fewer guns (95 i.). Cassart, however, passed on to Surinam and Curagao, which places he held to ransom (180, 291, 305, 307). His reported return to Martinique led the Governor of Barbados to enter into negotiations with M. Phelypeaux for the continuance of the Truce after its expiration on Dec. llth, until further orders should arrive from home (180, 180 i.-iii.). About the same time Ducasse was reported at Martinique with an immense cargo of Spanish treasure, and the Barbados guardships were ordered to join the Diamond from the Leeward Islands and to Damages for endeavour to intercept him (181). The damage inflicted upon Montserrat was estimated at £180,000, and it was stipulated by the Xlth Article of the Treaty of Utrecht that Commissaries should be appointed to enquire into them. The inhabitants of Montserrat petitioned for their appointment, and their Instructions were ordered to be drawn up (638 ii., 727, 736). Lt. GOV. The Lieut. Governor Pearne, returning from England
PcflilTlG ^^ ^^
with H.M. Commission, found his post at Montserrat occupied by Capt. Marshall, appointed in his absence by Governor Douglas. Marshall refused to give place, until Lt. Governor Smith suspended him. Neither of them seems to have been a very desirable representative of the Crown (38, 494, 494 i., ii., 605, 678, 678 i. //.). Ringleaders Further evidence for and against Governor Parke and Governor his murderers came to hand, whilst his relatives were active in pressing for the prosecution of the prisoners sent home for trial (141, 232, 304, 304 i., 532). Douglas gives a further account of his proceedings in this affair to Lord Dartmouth's Secretary (6). After dissolving the Assembly on account of their factious behaviour and refusal to provide for the Regiment or defence of the
XXX. PREFACE.
island, he issued a warrant for the arrest of two ring- leaders, Dr. Mackinnen and Samuel Watkins, the late Speaker. They promptly sought refuge on board H.M.S. Diamond, the Captain of which had previously shown his sympathy with the insurgents (2, 6). On arriving in England, they managed to lie hid for some time, but were ultimately discovered by Parke's relatives and committed to Newgate (6, 81, 232), in company with Thomas Kerby. All three applied for bail, the evidence against them being delayed (6, 81, 93, 113, 129, 136, 141, 232, 265, 306). List of Lists of the inhabitants, births, christenings and burials
inhabitants, .... „ <. , .
Antigua, in Antigua, as well as returns oi exports and imports,
are given (55 x., xi.).
The Bounty Progress was made with the payment of the bounty to
°st. Kitts. the sufferers from the invasion of Nevis and St. Kitts.
Many preliminary points had first to be decided. What
constituted the re-settlement of a plantation, which was
a condition of the bounty ? Was a planter who re-settled
on a different one of the islands, or a parish Church which
had been destroyed, entitled to the benefit of the grant
(165, 173, 177, 185) ? What was to be the form of the
debentures and what was to be the form of the oath of
re-settlement and powers of attorney ? The answers to
these problems show why some claimants for the bounty
failed to make good their title both then and since.
Lisfof The record of the debentures issued gives valuable lists
Debentures. of the mhakjtants of boih islands at that time (20, 21,
190-204, 209-229, 535, 536). Recipients of the deben- tures petitioned to have them converted into South Sea
Hostages at stock (493). Meanwhile the unfortunate hostages whom mque. j^gpyjiig na(j carried off from Nevis were still detained at Martinique where they suffered severely (605, 720, 720 i., ii.).
Settlement of With the conclusion of the war, which resulted in the st. Kitts. retention of the French part of St. Kitts, the question of the disposal of the lands there came up for considera- tion. A plea was put in on behalf of the poorer inhabi- tants of the island (320, 373 i.). Many points, too, arose in connection with the temporary grants which had been made during the war (630, 662, etc.). The Council of
PREFACE. XXXI.
Trade was instructed to report upon the whole subject (476, 476 L, ii.). They recommended that the late French lands should be sold to the highest bidder, with a preference for those already in possession, who had improved their plantations. A quit-rent should be reserved, and no one family should be allowed more than two or three hundred acres, purchasers being obliged to keep a definite number of white servants per 40 acres. Free grants of the worst land near the sea should, it was suggested, be made to the poorer inhabitants, up to ten acres per family, and Commissioners be appointed from home to supervise the distribution without inter- ference by the Governor (662). Newfoundland, jn July 1713, Col. Moody was directed to sail for
Placentia.
Newfoundland and there to take over Placentia from the French. He was instructed to permit the French subjects, who were willing to remain and become British subjects, to retain their immoveable effects, or to sell them, if they chose to leave (343, 386). Later, owing to a delay in sending orders from Paris to the French Governor there, Moody was ordered to allow the French garrison and inhabitants to remain at Placentia till the following spring, when they were to be moved to Cape Breton. But he was to take immediate possession of the forts (470, 480, 480 i.-v., 521). Moody, however, got no further than Lisbon that winter. He occupied his leisure in framing some proposals for new powers for himself as Lieut. Governor of Placentia, some of which were approved, but the suggestion that he should be empowered to employ the inhabitants out of the fishing season in felling timber and working on the fortifications was rejected as placing them too much at the mercy of the commanding officer (511, 565, 594). On his arrival in the spring he announced that he had taken possession of the town and fort on 5th June, N.S. He reported on The Fishery, the Fishery, recommended the establishment of a permanent civil Government, and enquired how he was to deal with French ships which were still fishing in the neighbourhood (483, 707, 713). Attention was naturally turned to the taking over and development of the Fishery which had now passed into British hands.
XXX11. PREFACE.
Several reports and memorials were presented upon it (205, 206, 521, 698) both before and after the signing of the Peace. With the same object in view, Capt. Taverner was appointed to survey the late French coast and islands (415-417, 581, 582). Reports on the English Fishery, with some notes upon the abuses connected with it, are given (110, 115 i., ii., 310 i., 614).
In Oct., 1712, General Nicholson was appointed Commander in Chief of the forces in Newfoundland (104, 310 i.).
clafm'to ^ *ke Beginning of 1713 the Spanish Ambassador right in presented a memorial in which a claim was advanced on behalf of the Guipuscoans " and the other subjects of His Christian Majesty " to navigate, trade and fish on the coast of Newfoundland " (237, 237 i.). The Council of Trade in their report denied any such right (252). The claim was to be raised on many future occasions. Deodand. The word " deodand " (" dodand " or " Do Dun ") occurs several times in connection with the raid on Montserrat (8, 38, 44, 57). We have had instances of it before (v. C.S.P., 1699, etc.) It is used to designate a strong, prepared place of retreat, to which the in- habitants of an island could retire before invaders.
CECIL HEADLAM. Aug., 1926.
The documents calendared in the following pages are included in the volumes of the Colonial Office Records preserved at the Public Record Office and listed as follows :—
C.O. 5, 4 ; 5, 9 ; 5, 11 ; 7, 1 ; 5, 189 ; 5, 290 ; 5, 291 ; 5, 536 ; 5, 582 ; 5, 717 ; 5, 720 ; 5, 721 ; 5, 751 ; 5, 752 ; 5, 865 ; 5, 866 ; 5, 898 ; 5, 913 ; 5, 915 ; 5, 931 ; 5, 970 ; 5, 995 ; 5, 1050 ; 5, 1085 ; 5, 1091 ; 5, 1123 ; 5, 1222 ; 5, 1233 ; 5, 1264 ; 5, 1292 ; 5, 1316 ; 5, 1317 ; 5, 1335 ; 5, 1337 ; 5, 1341 ; 5, 1363 ; 5, 1364 ; 28, 13 ; 28, 14 ; 28, 16 ; 28, 38 ; 28, 43 ; 29, 12 ; 29, 13 ; 37, 8 ; 37, 9 ; 37, 10 ; 37, 24 ; 37, 26 ; 37, 28 ; 38, 7; 116, 21; 134, 2; 135, 3; 137, 9; 137, 10; 137, 12 ; 137, 46 ; 137, 51 ; 138, 13 ; 138, 14 ; 138, 15 ; 152, 9 ; 152, 10 ; 152, 11 ; 152, 42 ; 153, 11 ; 153, 12 ; 184, 1 ; 194, 5 ; 194, 6 ; 194, 22 ; 194, 23 ; 195, 5 ; 195, 6 ; 195, 43 ; 217, 1 ; 217, 2 ; 217, 31 ; 218, 1 ; 243, 4 ; 243, 5 ; 243, 6 ; 243, 7 ; 243, 8 ; 243, 9 ; 323, 7 ; 324, 10 ; 324, 32 ; 324, 33 ; 326, 47 ; 388, 15 ; 388, 17 ; 388, 76 ; 389, 24 ; 389, 37.
NOTE. etc. printed in italics in the course of the text indicates that matter merely repeated or of no importance is there omitted. Words printed in italics between square brackets [thus] are suggestions by the Editor in places where the MS. is rubbed or torn.
The reference " A.P.C. " is to the printed Acts of the Privy Council, Colonial Series.
COLONIAL PAPERS.
JULY. 1712.
1712.
July 2. 1 . Robert Cunynghame to the Council of Trade and Plant- Charles Fort ations. Refers to letter of April 30, q.v. General Dowglas prom- Chr Gophers ^sec^ ^- should have a copie of my mittimus to prison, but took effectual care I should not, he has denyed to admit me to bayle, the Council after application to them, said not a word except Mr. Liddell who said the General would not allow of it, etc. Those of that board who fear loosing their employments, or have made away four of the Queen's brass field pieces, or sent provisions to the enemy at a time of greatest scarcity (which will be made appear if your Lordships think fit to order a thorow examination into, and effectual care be taken that Mr. Rawleigh the General's Secretary and John Hardtman, marriner, who has already sworn to the landing of 99 barrils of beef at Martenique be not put out of the way) will be cautious of acting contrary to the General, do what he please, etc. He says H.M. will hear no complaints against him, etc. Signed,, Ro. Cunynghame. Endorsed, Reed. 19th, Read 27th Aug., 1712. 2 pp. [C.O. 152, 9. No. 128 ; and 153, 12. pp. 5-7.]
July 6. 2. Governor Douglas to [? the Earl of Dartmouth, cf. July 10].
Antigua. I send two of the chief promoters and advisers of ye late rebellion, and who are guilty of attempting rebellious practices since H.M. Proclamation was issued Feb. 6th last. Their names are Mr. Daniel Mackinen and Mr. Samuel Watkins, and their being brought to justice will in a great measure appease the troubles and divisions of this Island. The evidences against them are to follow speedily. Signed, Walter Douglas. 1 p. [C.O. 152, 42. No. 85.]
July 8. 3. Copy of Privy Seal for the establishment of the Commission Westminster. of Trade and Plantations (Francis, Lord Guildford, Sir Philip Meadows, Robt. Monckton, Arthur Moore, Francis Gwyn, Thomas Foley, and John Hind Cotton), etc. as Jan. 31, 1712. Counter- signed, John Wooddeson, depty. 4£ pp. [C.O. 388, 76. No. 136 ; and 389, 37. pp. 45-49.]
July 8. 4. The Earl of Dartmouth to Governor Hunter. Tho' the
Whitehall, remittances which you expected for discharging the publick debts
were not sent you by this convoy, you may however be fully
assured that all demands of that nature shall be satisfy'd very
Wt, 5622.— B.&S.— 375, C.P. 1.
COLONIAL PAPERS.
1712.
July 8.
Whitehall.
July 10.
Antegoa.
soon. H.M. care of you will not be limited only to that act of justice, but that a good establishmt. will likewise be setled for a garrison at Annapolis to protect her subjects in those parts, and secure to them the freedome and advantages of their commerce. Signed, Dartmouth. [C.O. 324, 32. p. 155.]
5. Same to Governor Dudley. Begins as preceding. Concludes : When you reflect how many affairs of the utmost
importance have been under H.M. consideration for some months past, you will not wonder that things of less consequence should meet with some delay. Signed, Dartmouth. [C.O. 324, 32. pp. 155, 156.]
6. Governor Douglas to the Hon. Erasmus Lewes, Secretary to the Earl of Dartmouth. Upon my arrivall in July last I found Mr. Hamilton the late Lt. General wholy in the interests and party of Mr. Mackinen (at whose house he lodged and endeavoured to press me to do the same) and of Mr. Watkins Speaker of their Assembly, and that they were the chief conspirators against General Parke and principal advisers and promoters of the late rebellion, and the chief sticklers for Mr. Hamilton's having the command of these Islands as chief Governor and do beleive even they themselves have not confidence enough to deny that Mr. Hamilton was privy and jointly concerned in all their factious intreagues. I see such a majority and cruel partiality against the honest people that were not concerned in the Insurrection that I could not possibly at that time choose any other measures but to endeavour to bring these two unfortunate persons and some others to a due sence of their allegiance and duty and to an entire submission to the Queen's mercy, and to demonstrate the sincerity of their repentance by useing their interest to quiet and unite the minds of the people and destroy the seeds of rancour and discord which these turbulent persons had sown through the Island (but without some rigour of justice nothing can succeed as the honour of H.M. service requires). I gave into all the methods of moderation and mildness to gain these ends and was oblidged to hearken to some strange proposalls to gain time and break the strength of their rebellious faction, as their appointing Sir John St. Leger their Agent with hopes of extraordinary rewards in which they expected that I should be a sharer and fancying themselves a little secure to go on with their treasonable endea- vours for Mr. Hamilton, they resolved to turn all my forced condescensions and seeming favours as arguments of complaints and male-administration, and employed Capt. Norbury to vent their malitious calumnies, the person they had formerly seduced and drawn in to be deeply concerned in their horrid conspiracies, as they in their private caballs commonly threatned not only to assassinate me but all those who had not embrued their hands in the blood of their General and of many poor innocent people, and the Regiment (whereof there are a show of six companies in this Island) continues as unfitt for service as ever being un- armed without discipline and pay, and of late by the factious
AMERICA AND WEST INDIES. 3
1712.
endeavours of Mr. Mackinen and Watkins and their accomplices they were turned out of quarters, and denied the former allowance of provisions by which they subsisted and very few of the officers who are not seduced to favour their party, as also many of the soldiers who have been wanting in their allegiance as well as in their obedience, not that I believe any of them would again dare to disobey in opposeing an open Insurrection. About the latter end of January last when they perceived I had broke their meas- ures and defeated their projects, a guilty terror seized them and • occasioned such various reports amongst themselves that their Assembly was not able to make up a number to set about any publick business such was their consternation, that at length they pressed me to take some effectuall method to calm the dis- quiets of the people and to prevent further disturbances and commotions in the Government upon which I resolved to issue H.M. most gracious Proclamation of pardon with all the limita- tions and exceptions I thought most adviseable (after having seized and imprisoned four that I was informed were violent in the Rebellion and one of whom was said to head a party) but I find they are not more guilty than others who were in arms who after two months imprisonment the Councill and Assembly advised to accept of £40,000 bail for them as I have formerly transmitted particular accounts and hope they will be found fitt objects for the mercy of H.M., and would extreamly conduce towards the peace and safety of these Islands : And that the voice of God and Justice calls for Kerby, Mackinen and Watkins and for the most part both partys agree in their being sent home without which it were impossible to allay the heats and factions of this Island, is plainly known to all men, and these two unfortunate persons have persisted in justifying the murder of General Parke since the Proclamation and have collected money and stirred up some unthinking people to join in the faction to promote the late Lt. General Hamilton's pretensions for ye Government under whom they suppose their most flagrant crimes and treason would be sheltered. These two were chiefly concerned in deluding Mr. Pearne, Lt. Governor of Montserrat, which poor Island is just now attacked by the French, and I am waiting for assistance from Barbadoes to try to carry some little force to releive them having at present onely the Diamond and Scarbrough who is also sickly fitt for any service, (the Roebuck being for the present disabled in her mainmast, and the Jolly of only 16 guns) and by their factious animositys compelled some of the most worthy judicious members of the Assembly to leave of meeting with them, turned the soldiers out of quarters to starve and left off all thought of going on with their publick works and fortifications for the necessary defence of the Island, which now they grievously lament a great French Fleet being in sight with about 8 or 9 men of warr, three of which being reckoned of 60 guns ; and at length when by their factious proceedings there appeared great difficulties in getting a proper number of members together to make up an Assembly I dissolved them (intending very speedily to summon another) and gave out a warrant the second instant
COLONIAL PAPERS.
1712.
to the Provost Marshall to seize and apprehend Mr. Mackinen and Mr. Watkins who fled and absconded upon notice of it, and at length heard they were harboured on board one of H.M. own ships the Diamond, the inclosed papers fully shewing the Captain's misbehaviour in that matter, tho' he took a copy of the warrant yet pretended to me he did not advert to the word Passengers in the Master's receipt where they were sent on board without any particular order to the Master, whereby they expect to lurk some time in England before they are taken up, tho' I have also a receipt for the short letter in which I gave the Lord Dart- mouth an account of their being sent home by my order, and I hope they will be produced. I kept a Fleet of homeward bound merchant ships under an embargoe for two or three days to get these prisoners on board, and if I had delayed ordering them to sail but two hours longer they had been all taken by the French Fleet (now at Montserrat) by which means Captain Lisle got that receipt for them, and two of the evidences against the prisoners were left behind, which shall be sent by first opportunity, these evidences and most people in this Island can witness upon what occasions that Captain vindicated the murder of General Parke, and insulted several people upon the account of their zeal to the honour of H.M. prerogative and detestation of those cruell murderers tho' at length, we have Captains of men of warr of better principles, family and education, and I have avoided as much as possible to take any cognizance of such unworthy and treacherous actions as believing it of consequence to be examined before more competent judges and would perhaps have been ill taken if I had interposed my authority according to exact justice and occasioned those disturbances which would have delayed the Fleet's being convoyed home in safety, and the Trade have suffered. I am now hopefull there are but one or two violent incendiarys more in this Island and should be mighty glad to have the honour to receive directions concerning the sending them home as prisoners as the only most infallible and speedy method of restoreing the peace, trade and tranquility of this Island. Signed, Walter Douglas. Endorsed, R. Oct. 28, 1712. Addressed. 1| large closely written pp. [C.O. 152, 42. No. 86.]
July 11. 7. Governor Hunter to the Council of Trade and Plantations.
New York. What I have to add to the duplicate of mine by the packet boat which goes now by the Virginia fleet is only to acquaint your Lorps. that all the Acts which past the Assembly and Council besides these which are therein mention'd are as follows, (i) An Act for paying the Brittish officers. This is only the continuing the 18d. per day to these officers dureing the winter, H.M. haveing by her orders allow'd them Ensigns pay. (ii) An Act for paying the arrears due to the forces late rais'd in the County of Suffolk for the Expedition against Canada in 1709. This is to pay the forces which serv'd for that County longer then the time provided for by the Assembly before they march'd on that Expedition, which is a piece of justice no other county besides that has done,
AMERICA AND WEST INDIES. 5
1712.
(iii) An Act /or paying 1600 ounces of plate for secureiny the frontiers at Albany, which Act explains itself, (iv) An Act reviveing an Act against selling of rumm to the Indians, and for better guarding the City of Albany. Your Lorps. haveing already the Acts which this revives, it wants no explanation, (v) An Act prohibiting all but John Darmiter to make lampblack for 5 years. This is to incourage the first who sett up that manufacture. These are all which past. But several other Acts being sent up which had been formerly amended by the Council but the amendments rejected for the reasons your Lorps. have been so often troubled with, and the same objections still remaining, I thought fitt to prorogue them. These Bills were that for an Agency, that for assigning of Sheriffs, that for paying the officers of the Government, and that for laying a further duty on the tunnage of vessels and slaves, copies of all which your Lordps. have already had for they differ in nothing from those formerly sent you. Besides those they sent up another for the better and more easy carriage of goods by land or water. Judgeing this not to be consistent with some of the Laws of Trade, I gave notice of it to the Officers of Customs who presented a petition against it, but it was dropt by ye prorogation. Signed, Ro. Hunter. Endorsed, Reed. Sept. 15, Read llth March, 17}|. 2 pp. [(7.0. 5, 1050. No. 57 ; and 5, 1123. pp. 67-69.]
July 11. 8- Lt. Governor Smith to the Council of Trade and Plantations. Nevis. On Thursday the 3rd inst. this Island was alarmed by the enemie that lay between Guardaloupe and Mountserat with six men of warr, vizt. three of 60 guns, two of 40 and one of 32, with some other ships, and 8 sloopes. On the 4th the President of that Island advised me of the enemie, and I put this Island into the best posture of defence I could, in which it still continues. Yesterday by a ship that escaped from Mountserat I was informed that the enemie landed there the 8th instant and burnt some plantations, that the inhabitants were going to their Do Dun being of too small a number to withstand them and last night was seen a fire on that part where the Town stood by which I doubt they have burnt it. I have dispatched a sloope to Antigua to the Generall, who I believe could not but see the enemie off Mountserat, and I hope H.M. ships will joyne and come timely to their and our relief, that are under apprehensions of being likewise attacqued. 'Tis said these ships came from Brest with some regular troopes, and that their force now amounts to above 2000 men, soe that if the men of warr, Barbadoes being soe farr from us, should not come timely they will doe much mischief to these Islands. I will do my utmost endeavour for H.M. honour, etc. P.S. July 12. Just now I had advise by a long boat that escaped that yesterday the French flagg was hoisted at the fort at Mountserratt and the ships riding in the road at anchor. Signed, Dan Smith. Endorsed, Reed. Sept. 15, Read Oct. 31st, 1712. Addressed. 1£ pp. [(7.0. 152, 9. No. 131 ; and 153, 11. pp. 22, 23 ; and 184, 1. No. 27.]
COLONIAL PAPERS.
1712.
July 12. 9. H.M. licence to John Pearne, Lt. Governor of Montserat, extending his leave of absence to one year since his departure thence. [C.O. 324, 32. pp. 156, 157.]
July 14.
London.
10. Mr. Dummer to the Council of Trade and Plantations. To give yr. Lordships an account of those accidents wch. were ye cause of ceasing the packett-boates to the West Indies will not be so acceptable to your Lordps. as the acquainting your Lopps. with my designe (if I am countenanced) not onley to enterprize that service againe, but to doe it with much greater dispatch. I have seen ye inconvenience of obligeing every vessell to pass by all the Islands : I have learnt by experience that if ye boate wch. shall goe to Barbadoes do goe no further to Leeward, then to St. Xphers, and thence to returne for England ; and that the boate which shall goe to Jamaica, do goe to no other Island, butt returne thence directly, that then ye time they stay at each island by my first project (much too short) will be longer ; and yett all dispatches to and from each island will be quicker, and the service in generall more acceptable : for notwithstanding this alteration, those Islands shall be served with a monthly boate from England as they were before. Begs the favour of a certificate from the Board commending the scheme. This favour I can't despair of, if it were onley to me to make myself e some amends by my own contrivance without askeing any assistance and recompence of the Crowne for those losses I have susteyned thereby dureing the warr : and for undergoeing soe bold, and unpresidented an enterprize, as this at first was knowne to bee ; etc. Signed, E. Dummer. Endorsed, Reed. 14th, Read 17th July, 1712. Addressed. 1 p. Enclosed,
10. i. Observations on the service of West India Packet-boats. The proposition first laid down in 1702 for maintaining a monthly correspondence with all the English Island Plantations in America, each vessel performing her voyage in 100 days or thereabouts, has been put into practice, though at first thought impracticable by many of the best seamen in England. Hate of letters :
Single of one sheet Outward Is. 3d. Inward Is. Qd. Double or two sheets ,, 2s. Qd. ,, 3s. Od. and so on in proportion. For every ounce or a greater weight 6s. outward and inward. Overleaf ; — A scheme of the sailings of the West India packet-boats from the beginning of the service under the Post-Master General by Ed. Dummer in Oct. 21, 1702, untill Aug. 7th, 1711, when the service was discontinued. The length of the voyages varies from 92 to 165 days. 10 ships were taken by the enemy and two lost at sea. Finely printed. 2| pp. [C.O. 137, 9. Nos. 66, 66 i ; and (without enclosure) 138, 13. pp. 392, 393.]
July 15. 11. Edward Lloyd, President of the Council of Maryland,
Maryland, to the Council of Trade and Plantations. Acknowledges letter of
Oct. 26, 1711, with H.M. Order in Council repealing two Acts,
AMERICA AND WEST INDIES. 7
1712.
which has been punctually comply'd with, etc. With the same pacquet I received two Acts of Parliament, which I have caused to be published. And further in obedience to your Lordships' commands in relation to severall of H.M. Royall Instructions to the late Governour, Col. Seymour, not punctually comply'd with, etc., I have summoned H.M. Receivers of Puttuxent and Potomack Districts, John Rousby and John Dansey Esqrs., the former of which has perfected his accounts to the last yeare, and they will be transmitted to the Hon. William Blathwayt, Sur- veyor Generall and Auditor of H.M. Revenue in this Province. But the others vizt. Mr. Dansey 's being intangled with the receipts of the Revenue in Pocomoke District cannot be yet perfected, but shall take care to urge that Receiver's complyance and to have them transmitted as instructed. Refers to enclosures. As to H.M. Instructions requiring the account of births, christnings and burialls, after all endeavours possible, the accounts I have got are so imperfect and insufficient by the neglect of ye persons who kept and who by the law ought to have made registers thereof, that it is in vain to trouble you with some very few parishes ; but have given direction to have the laws therefore put in execution ; so that I am in hopes the lists may be perfect the next year. The Commissary General of the publique arms and ammunition having return'd an account thereof the last yeare, on inspection it was found imperfect, and therefore he had orders to go through the severall County s to gett a more exact account, which order since the receipt of your Lordps.' commands has been again renew 'd to him ; but a very severe and long fitt of sickness has prevented his complyance therewith, however upon his recovery he has ingaged speedily to have the said account fully settled and return'd, which shall be transmitted your Honble. Board with the very first convenience. In obedience to H.M. Instruction requiring an account of what strength our neighbours have, be they Indians or others, and what correspondence wee hold with them. This Province being bounded on the north and south by Pensilvania and Virginia, and only part of one county on the east by the sea-coast, wee have little correspondence either with the northern or southern Indians, and haveing but few neighbour Indians inhabiting among us, wee live in perfect peace and friend- ship with them. The scituation of this Province being severall leagues up the Bay of Cheseopeake, wee have little knowledge what forces our enemies have at sea, yet frequently heare of some privateers coasting off the Capes of Virginia, which sometimes take severall of our vessells passing in and out of those Capes to the damage of our trade. And as to the wants and defects of this Province, the chief product thereof, and what improvements may be made. This Country has suffered very much by our Tobaccos, our only Staple commodity, which for some years past has mett with very low marketts, so that many are reduced to great poverty, and others ingaged in debt. Our manufactures are very little but what mere necessity has enforced for some necessary course cloathing, during the great scarcity of goods. This last yeare wee have had a small trade for West India goods
* COLONIAL PAPERS.
1712.
and salt in exchange of our Indian corne and wheat which has been transported to Lisbone, New England, and Maderas. But the planters finding some encouragement from the rise of tobacco the last year on the hopes of peace, they have very industriously betaken themselves to the culture thereof, so that wee have expectations of a very good cropp, if the latter part of the year prove seasonable. I am very much concern'd, that I am not able at present to send your Lordships a particular account, of every particular requir'd. But was very unwilling to lett the Fleete sayle without shewing my endeavours to obey your commands, though but in part, arid begg your favourable accept- ance thereof untill I can send a compleate account, etc. Signed, Edwd. Lloyd. Endorsed, Reed. Sept. 16, 1712. Read July 13, 1713. 2^ pp. Enclosed,
11. i. List of inhabitants of Maryland (by counties) : Totals, Masters and taxable men, 11025 ; white women, 9077 ; children, 17641. Negroes, 8330. The masters and taxable men are generally reputed fitt to beare arms, being from 16 years and not many old or decrepid. Same endorsement. 1 p. 11. ii. An account of the several Courts, Officers and Offices
in Maryland. Same endorsement. 5 pp.
11. iii. A table of fees of officers in Maryland. Same endorse- ment. 4 pp. [C.O. 5, 717. Nos. 51, 51 i.-iii. ; and (without enclosures) 5, 727. pp. 323-327.]
[July 16.] 12. A memorial relating to the English prisoners in Canada, (probably addressed to Lord Dartmouth). The French and Indians goe out in parties for the most part every year, and attack one or more of the frontier villages of New England, and after burning the houses, carry off men, women, and children without distinc- tion ; some of whom they sell for servants to the inhabitants of Canada, and others they carry into the woods, and keep 'em for their own slaves. There are now above 100 of H.M. subjects in this condition, whose names I have a list of. It is fear'd that a Peace will not extend to the redemption of these captives ; it is therefore humbly propos'd that the King of France be moved to send an order to the Governor of Canada to release 'em ; as well those in the hands of the French, as those in the power of the Indians, who depend on the French and dare not refuse, when they know it is the pleasure of the King of France. Endorsed, R. July 16, 1712. 1 p. [C.O. 5, 9. No. 110 ; and (similar memorial, with some variations and no date or endorsement), No. llOa.]
July 17. 13. Certificate by the Council of Trade and Plantations in Whitehal. favour of Mr. Dummer (v. July 14). The monthly correspondence with all H.M. Islands in the West Indies managed by him 1702- 1711, was a very good service to H.M. and her subjects, perticu- larly to such who were concerned in the trade to and from the West Indies, or who had settlements and estates there.. The losses he has sustained (v. July 14) appears to have been very great. And as there will be great convenience and advantage
AMERICA AND WEST INDIES.
1712.
in a monthly correspondence with the said Islands by the said packet-boats, as well in time of peace as in time of War, whereby the imbezelment or miscarriage of letters will be prevented, we have thought fit to give Mr. Dummer this our approbation, etc. [C.O. 138, 13. pp. 394, 395.]
July 17. 14. Order of Queen in Council. Referring following to the
Kensington. Council of Trade for their report. Signed, Edward Southwell.
Endorsed, Reed. July 21st, Read 27th Aug. 1712. 1 p. Enclosed,
14. i. Petition of Edmond Edlyne and Valentine Mumbee
Members of Council of Jamaica, to the Queen. Pray
for further leave of absence to dispatch their private
affairs, etc. If pp. [C.O. 137, 9. Nos. 70, 70 i. ; and
138, 13. pp. 400-402.]
[July 17.] 15. Address of the Lt. General of the Leeward Islands and the Council and Representatives of Nevis to the Council of Trade and Plantations. Return thanks for their favour to them in relation to the grant in aid. Signed, W. Hamilton, Dan Smith, Richd. Abbott, J. Bevon, Aza. Pinney, Law. Brodbelt, Jno. Richardson, Mich. Smith, Rob. Eleis. Jno. Choppin, Speaker, Mich. Williams, John Symonds, Thos. Bridgwater, Roger Pemberton, Jno. Butler, Rich. Brodbelt, Geo. Meriwether, Davd. Gardner, Tho. Minor, Samll. Gardner, John Smith, Jasper Wall, Solomon Israel. En- dorsed, Reed. Read July 17, 1712. 1 large p. [C.O. 152, 9. No. 124.]
July 18. 16. President and Council of Maryland to [? the Earl of Dart- Maryiand. mouth]. Enumerate crimes of Thomas Macnemara (v. Sept. 18, 1711). On his trial for the .murder of Thomas Graham, he was found guilty of homicide by chance medley, and on that verdict the jury persisted against plaine evidence, tho' they were twice sent back by the Court. But the Cheife Justice and his associates takeing into consideration the barbarity of the fact with the malice prepens'd according to evidence, by his acting without any deputation from the Sherriffe, and that in his own case, which made it malice implyed in law and so murther, they concluded that the jury had found the matter which was the manslaughter, yet they were judges of the manner, and so gave judgment that he was guilty of manslaughter, and for grounds of such their judgment relyed on the case of John Vane Salisbury in Plowden's Commentaryes. Whereupon Macnemara was burnt in the hand, deprived of his practice, etc. (v. Sept. 18, 1711). He fled to England, notwithstanding warrants issued against him, and haveing found means to gett himself entred of Gray's Inn and called to the Barr, he appealed to H.M. in Council and obteyned an Order permitting him by writt of error to remove the proceed- ings on the indictment against him, the verdict having been homi- cidium per infortunium, and ordering that he be forthwith restored to his practice of attorney in the Courts of Maryland, and the Justices ordered to transmit the record and process of the indictment to H.M. in Council, etc. None appearing to
10 COLONIAL PAPERS.
1712.
gainsay or give a true character of him, in obedience to H.M. said Order, at the last Chancery Court, June 3 last, he was by the President and Keeper of the Great Seale restored to his practice in that Court ; but the Keeper of the Seale being informed by the Attorney Genii, that he lay under an indictment, whereon the Grand Jury of the Province had found a bill for his assaulting and attempting to bugger the aforesaid boy (v. Sept. 18, 1711), he was thereupon suspended untill he should be legally acquitted thereof. Whereupon he has not been wanting to threaten he will complayne to H.M., whom wee most humbly desire your Lord- ship will informe of Macnemara's just character, etc. Signed, Edwd. Lloyd, Wm. Holland, Thos. Ennalls, Sam. Young, Tho. Greenfeild, Cha. Greenberry, Tho. Addison, Phill. Lloyd, Jno. Dorsey, Ricd. Tilgham. 8 pp. Enclosed,
16. i. Judges of the Provincial Court of Maryland. The grounds of our judgment against Thomas Macnemara (supra) was that the fact of murthering Thomas Graham, a Quaker without any weapon in his hand, appeared by the evidence to have been committed with so great mallice prepensed inhumanity and barbarity, togeather with the sinister and evill practice and interest his friends and relations used by tampering with the Jury, who would not by the evidence tho' plain nor by the arguments of the Attorney Generall tho' persuasive, be induced to find him guilty of any other crime than homicide by chance medly. Therefore we resolved as in preceding. And further wee most humbly offer to your Majesty's consideration whether the barbarous fact committed on the body of Thomas Graham, joined with the many former crimes and misdemeanours whereof he is guilty were not a legall and sufficient inducement to us to deprive him of his practice in your Majesty's Provinciall Court here, where, with sub- mission to your Majesty, wee conceive by vertue of your Commission to us granted, wee are judges of the behav- iour and practice of the officers belonging to the same Court, and best know their lifes and conversations. And hope your Majesty will be of opinion that wee have power to suppress their evill practices and for their misdeeds deprive them. And for our judgment afore- said, tho' wee acknowledge wee are not thorough-paced lawyers, wee had some reliance on the case of John Vane Salisbury ut supra, etc. Signed, Wm. Holland, Tho. Smyth, R. Bradly. Maryland, July 18, 1712. 2 pp. [C.O. 5, 720. Nos. 16, 17.]
July 19. 17. Lt. Governor Lambert to the Council of Trade and Plant- Ch i tSt h ati°ns- H.E. the Generall being at Antegoa and not knowing of the saileing of these vessells from hence was the occasion of this presumption to acquaint your Lordships that on Tuesday was sevennight last the French with nineteen saile of vessells from Martineco and Guardaloupe landed on the Island of
AMERICA AND WEST INDIES. 11
1712.
Montserratt and have been burneing the houses and canes thereon ever since. One Moulton in a pinke made his escape from thence to this Island after the enemy were landed, and have beaten the inhabitants from their Fortt. He gives accot. that he did see five saile of friggotts amongst them, two whereof were ships of 60 odd gunns, the others smaller. Yesterday arived a boat from St. Bartholomews, and gives a farther account that two French sloops had been cruiseing about that place by order of said French squadron to intercept vessells carrying anything off the island, and this was part of Monsr. Dugee's squadron, and that the rest was daily expected and farther that there design was on the other Leeward Islands ; what credit may be given to this part I am not a judge — but the inhabitants are in a mighty pain, and have sent their goods all to the Fortt and all the Islands are in arms, etc. Signed, Mich. Lambert. Endorsed, Reed. 3rd, Read 31st Oct., 1712. 2 pp. [C.O. 152, 9. No. 132 ; and 153, 12. pp. 24, 25.]
July 20. 18. Lt. Governor Hyde to [? the Earl of Dartmouth]. Returns North Carolina. thanks for his Lordship's favour, etc. Continues : I durst not have presum'd to have cas'd and directed my letters to yr. Ldp., had I not been assur'd by my wife that yr. Lp. had allow'd it, by reason all my former dispatches to the Lds. Proprietors and my friends have been intercepted, etc. I have in North Carolina been under the sharpest tryalls of any person in the world, and I hope I have acquitted myselfe with duty to my Queen and fidelity to my masters. I am really (my Lord) allmost worn out, having had continuall trouble without any allowance hitherto. It is in such generous breasts as your Lp.'s to do good to Families that have been unfortunate. My dear Ld. Rochester's death had like to have prov'd mine, I have lost my best friend, etc. P.S. My time is now tooke up in an Indian war, the consequence of that rebellion of Mr. Gary's, and I shall send yr. Lp. an acct. at large of all its circumstances. Signed, Edward Hyde. 1 p. [C.O. 5, 9. No. 18.]
July f y-. 19. P. Vanderheyden Rezen to the Directors of the Dutch Fort West India Company. .Signed, P. Vanderhevden Rezen. En- dorsed, Read, Oct. 13 (N.S.), 1712. 15 closely written pp. Dutch. [C.O. 116, 21. No. 7.]
[July 21.] 20. Copy of advertisement inserted in the Gazette inviting applicants for the grant in aid of Nevis and St. Kitts to attend on Mondays and Thursdays at the office of the Board of Trade at the Cockpit in Whitehall. [C.O. 153, 11. p. 498.]
July 21. 21. Mr. Popple to Mr. Attorney General. Encloses Act for Whitehall, explaining the Act for the relief of Nevis and St. Kitts. Con- tinues : — The Council of Trade and Plantations desire you to prepare the form of an oath for the proof of a resettlement according thereto. [C.O. 153, 11. pp. 498, 499.]
12 COLONIAL PAPERS.
1712.
July 24. 22. P. Vanderheyden Rezen to the Directors of the Dutch AugT5. West India Company. Signed, P. Vanderheyden Rezen. En- Fort, dorsed, Read Oct. 13 (N.S.) 1712. 2pp. Dutch. E?iclosed, Kykoverall, 22. i.-vii. Accounts, inventories, Bills of lading etc. Dutch.
Kio Jiissequebe. r/~, /-» •• i ,» m AT o o • •• n
[C.O. 116. 21. Nos. 8, 8 i.-vii.]
July 25. 23. Sir John St. Leger to Mr. Popple. I have received a Headly. letter from Mr. William Douglass from Brest, who was taken prisoner coming from Antigua, with several letters and instru- ments as well for your office, as ye Secretary of State, with ye proclamation of ye general pardon, and a full account of the pro- ceedings thereupon, but he informs me, that all his papers were lost or thrown overboard, except one packet, which fell into Mr. Hamilton's hands, from whom I received ye papers I send you herewith. Signed, J. St. Leger. Endorsed, Reed. July 29, 1712, Read July 14th, 1713. Addressed. f p. Enclosed,
23. i. Address of Lt. General Hamilton and the Lt. Governor and Council of Antigua to Governor Douglas, St. Johns, July 17, 171^. Address of welcome. Signed, W. Hamilton, John Yeamans, Jno. Hamilton, Edw. Byam, Hen. Lyons, Thomas Morris, Richard Oliver, Will. Byam. Endorsed, as preceding. 1 p.
23. ii. Address of the Lt. General, Council and Assembly of Nevis to the Queen. Thank H.M. for acceptance of address declaring their abhorrence of Col. Parke's murder, and for the grant in aid. Continues: — We cannot but declare our great resentments of that most bloody, cruel and inhuman tragedy intended to have been acted on the person of your most sacred Majesty, etc. We beleive ourselves at this time a people the most happy, by being under your most gracious protection, and by having a Captain General to govern us who we beleive to be an example of piety arid loyalty. Signed, W. Hamilton, Dan Smith, Richard Abbott, J. Bevon, Aza. Pinney, Lawce. Brodbelt, Jno. Richardson, Micha. Smith. Jno. Choppin, Speaker, Michl. Williams, John Symonds, Thorns. Bridgwater, Roger Pemberton, John Butler, Richard Brodbelt, Geo. Meriweather, David Gardner, Thos. Minor, Saml. Gardner, John Smith, Jasper Wall, Solomon Israel. Same endorsement. 1 p.
23. iii. Address of the Lt. Governor, Council and Assembly of St. Christophers to the Queen. Return thanks for the grant in aid, and praise " the sweet comportments and desposition " and moderation of Governor Douglas. Same endorsement. 1 p.
23. iv. Address of Assembly of Nevis in reply to Governor Douglas' speech (v. Journal of Assembly). Same endorse- ment. Copy. 1% pp.
23. v. Proclamation by Governor Douglas, St. Johns, Feb. 9, 1712. In pursuance of H.M. general pardon for the murder of Governor Parke, the inhabitants are required to abstain from party-making, and opprobrious language
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in connection therewith. Same endorsement. Copy, I p.
23. vi. Petition of merchants and inhabitants of Antigua to Governor Douglas for a new Act of Courts, " to be made to be held the usual times in this Island, whereby petitioners may be enabled to recover their just debts." Signed, Edward Chester and 23 others. Same endorse- ment. Copy. I p.
23. vii. Proclamation by Governor Douglas. Feb. 21st (1712) is to be kept as a Day of publick Fast and humiliation throughout the Leeward Islands, etc. Same endorsement. Copy. 1 p.
23. viii. Governor Douglas' Warrant, Jan. 1712, suspending Walter Hamilton from being Lt. General of the Leeward Islands and Lt. Governor of Nevis, and publishing the same. Signed, Walter Douglas. Same endorsement. Copy. 1 p.
23. ix. Account of stores of war wanting for St. Kitts, April 17, 1712. Signed and endorsed as preceding. 1 p.
23. x. Governor Douglas' summons to the officers of St. Kitts
to make a return to him in Council of all fines, forfeitures and escheats, etc. from June 4, 1706 to March 25, 1711. Same endorsement. Copy, f p. [C.O. 152, 9. Nos. 161, 161 i.-x. ; and (without enclosures] 153, 12. pp. 83-87.]
July 26. 24. Lt. Governor Spotswood to [? the Earl of Dartmouth}.
Virginia. Repeats part of following. Concludes : —
As to what your Lordp. is pleased to mention (Feb. 14, 17 j^) of Col. Corbin's voluntary appearance, and petitioning H.M. to be heard for clearing his innocence in relation to the razure of one of the Queen's passes, whatever pretences he may forme to vindicate himself from being concerned in that forgery, because such a clandestine action is hardly to be proved, yet he has not, nor can ever clear himself of the crime of concealing it, which it was his duty as Naval Officer to detect ; and when he had a fair oppor- tunity of doing himself justice at his tryal before H.M. Council here, and seemed to acquiesce in their determination, it was very unfair to carry an appeal before H.M. without ever giving me the least notice of his intentions, tho' he is not ignorant that it is the constitution of this Government that appellants must not only give such notice but also enter into bond for the prosecution of their complaints. However, I have great reason to be satisfyed with the justice that has been done me in this affair, since not- withstanding I had none to appear in my behalf, nor to represent the character he has in this Country, he has failed in carrying the point he aimed at, etc. Signed, A. Spotswood. 3f pp. Enclosed,
24. i. Duplicate of No. 25. i. [C.O. 5, 1337. Nos. 19A, 19A i.]
July 26. 25. Lt. Governor Spotswood to the Council of Trade and Virginia. Plantations. Encloses duplicates of May 8 and 15. I shall
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according to my promise in the former begin with answering yours of Oct. 26th (q.v.). As to the Accounts of the receipts and payments of publick money required by the 31st article of my Instructions, upon my arrival here, enquiring of the Receiver Genii, for the copys of those accounts, I was told that he constantly transmitted them to the Treasury, and to Mr. Blathwayt, Auditor General of the Plantations, from whence he presumed your Lordps. had the perusal of them, for that no such accounts had been demanded of him by preceding Governors, for your Lordps.' use : and on that information I forbore sending copys thereof, being unwilling to trouble your Lorps. with more papers than had been usually sent by my predecessors : but now that I know your Lordps.' pleasure I have sent the last accounts of the Revenue of Quitt-rents and 2s. per hhd. and shall continue the like care for the future. There is besides these only a fund raised by a temporary duty for finishing the Governor's house, and all that hath arisen thereon hitherto, hath been apply ed to that use alone, and no great expectations of its raising much more than is so appropriated. I can't tell whether your Lordps. will think it worth while to inspect an account of that duty (it being under the managment of a particular Treasurer constituted by the Assembly) or of the tobacco payments regulated by the Assembly in that which they call the book of claims, levyed by the poll on the tithable persons, and paid to the publick creditors to whom it is proportioned. I have in compliance with the 48th Article of my Instructions sent your Lordps. a list of all offices and officers within this Government, and as to the publick charges thereof, I beg leave to refer to the accounts of the Revenues, where the sallarys are particularly set down. The increase and decrease both of H.M. Revenues of quitt-rents and 2s. per hogshead depend on the market for tobacco ; and tho the former has received a considerable addition in the number of acres lately discovered, and some new land taken up, yet while the price of tobacco is so low, there is little probability of that revenue's increasing : and for the same reason the 2s. per hhd. has been for divers years past in a decreasing condition, the people - being in sundry places of the country totally discouraged from making tobacco, but as soon as that commodity becomes again valuable (of which the near prospect of a happy peace gives us the greatest hopes) there is no doubt both those revenues will be considerably advanced. As to the 46th Article of my Instruc- tions relating to patent places, there are in this Colony only two under the Great Seal, viz., the Secretary and the Auditor, which last has a Deputy acting under him here ; and the Receiver Genii, who holds his office under H.M. sign manual. Whenever I observe anything in the management of either of those offices which may be worthy your Lordps.' notice, I shall not fail to communicate the same with my thoughts thereon. The obtaining an account of all the inhabitants according to the 67th article of my Instructions has been attempted by former Governors with very little success ; for the people are so possessed with the apprehensions that a capitation tax will be the consequence of
AMERICA AND WEST INDIES. 15
1712.
taking those lists, that they never would, nor will be perswaded to give up the number of their familys with any exactness ; nor can they be compelled to do it without a law for that purpose. The most exact accounts I can obtain is by the lists of tithables wch. comprehend all male persons bond or- free above 16, and all negro, mulatto and Indian women of the same age, the number of which your Lordps. will find in the general list I have herewith sent, where you will also observe the number of freemen fitt to bear arms amounting to 12051 : and I beleive there cannot be less than an equal number of negros and other servants if it were fitt to arm them upon any occasion. The accounts of births, christenings and burials tho directed to be kept by an old law of this Colony, has been so long neglected, that in order to the obtaining a more exact computation thereof, I have been obliged to issue a proclamation to enforce that law : and have directed lists to be transmitted to the Council Office every half year, the first return of which will be made next October, whereby I hope to enforce what is required by the 68th Article of my Instructions. I have made enquiry concerning the stores of war in this Colony, and find that by order of former Governors, the arms and ammunition sent hither by H.M. some years ago, were distributed through ye several countys to be more ready for the service of the Militia upon any emergency : but either through the negligence or death of some of the officers to whom they were intrusted, there has been great embezelments made therein, which I'm now endeavouring to discover, in order to lay a true account of those stores before your Lordps. according to the 75th and 76th articles of my Instructions, tho' notwithstanding all the diligence I could use, I have not been able to obtain the same so as to send it by this conveyance. The 92 article concerning the strength of our neighbours, I suppose to be meant of the neighbouring Indians, (for there are no other forreign nations near this Colony). In answer to which, there are nine Nations of Indians tributary s to this Government viz. the Pamunkys, Chicahominys, Nansemonds, Nottoways, Maherines, Saponies, Stukanocks, Occoneechees, and Totteros, whose number of men, women, and children do not exceed 700 in all, and of those there may be reckoned 250 fighting men. These are all in an entire subjection to this Government, and live quietly on our frontiers traffiquing with the inhabitants their skins and furrs for cloathing, powder, shott and other European manufactures. The next Nation of Indians with whom we have had frequent correspondence, and who are most like to annoy us, is the Tuscaruros said to be about 2000 fighting men ; they live within the bounds of Carolina, and before the late massacre committed there by some of them, and others, had a constant trade with our inhabitants for the like commoditys as our own Indians : but since that time I have prohibited all comerce with them, till they give satisfaction for the murders committed in Carolina. Besides these we have no other Nations that frequent our frontiers, and those with whom our traders have the cheifest traffique for skins live at least 4 or 500 miles
16 COLONIAL PAPERS.
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to the south west of us, and their names scarce known to any but the traders. As to the 109th Article, there have been no negros imported into this Government from the coast of Affrica, either by the Company or separate traders since my arrival, nor like to be while the price of tobacco is so low, and the country so much in debt. There have been a few brought from Barbados and are generally such as have been first entered there, of which I doubt not your Lordps. have accounts from thence. The 110th Article of my Instructions I hope hath been complyed with by my former letters wherein I have taken the liberty to represent to your Lordps. the wants and defects of this Government, as well as the improvements which I conceived might be made, according as the same occurr'd to my observation : and shall not fail to continue the like representations from time to time as I find occasion. At present I cannot think anything of greater concernmt. to this country, as well as the particular service of H.M., than what I hinted to your Lordps. (May 15th) for encour- aging the discovery of the silver mines. I have since the return of the Baron de Graffenried from Potomack discoursed him upon the probability of mines in those parts : he says, tho' he has no doubt of finding such from the accounts he received from one Mr. Mitchel a Swiss gentleman who went on the like discoverys some years ago : yet he finds himself much discouraged from prosecuting his first intentions not only because of the different claims to the property of the soil (whether belonging to the Queen or the Proprietors) but because the share which the Crown may claim in those mines, is also uncertain ; and that after all his trouble in the discovery he may chance to have only his labour for his pains : whereas he would gladly imploy his utmost dili- gence in making discoverys, if it were once declared what share H.M. would expect out of the produce of the mines ; or if H.M. would be pleased to take the mines into her own hands, promising him a suitable reward for his discovery, and granting him the superintendency of the works with a handsome sallary : he says it is a matter not new to him, there having been mines of the like nature, found on his father's lands in Swisserland which were at first wrought for the benefitt of the State, but turning to small account were afterwards yeilded to the Proprietor of the soil, upon paying a share out of the produce thereof : that he has some relations now concerned therein, and by their interest can procure skilfull workmen out of Germany for carrying on these works. I shall submitt to your Lodps. better judgment which of the alternatives proposed by the Baron will be best for H.M. service, and shall hope for a speedy signification of H.M. pleasure thereon, for promoting a design, wch. I can't but believe will turn to the advantage of H.M. and the improvemt. of this Colony. The Baron has not been so far up Potomack as to discover the head springs of that River, nor to make a true draught of their course : so that I can't now send your Lordps. the mapp I prom- ised in my last, nor form a judgment of the pretensions of the several Proprietors. Having in sundry of my former letters given yr. Lordps. an account of the principal transactions of this
AMERICA AND WEST INDIES. 17
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Government, which have been treated of in Council, I shall not renew your trouble by any remarks on the Journals which I now send entire from July 24, 1711, to July 21, 1712. I have also sent the duplicates of the Laws and Journals of Assembly, together with the several proclamations issued this year. It is with very great concern, that I find myself still obliged to repre- sent to your Lordps. the unhappy scituation of affairs in the neighbouring province of North Carolina : for since the hasty peace concluded with the Indians (v. May 8th), the forces sent from South Carolina are returned home, and the Indians have committed two fresh massacres, and it is not likely they will stop there, if there be truth in what one of their cheifs concerned in the first massacre hath lately confessed at his execution, that the Senequa's have promised them a powerfull assistance by the latter end of next month, who are in their way to fall on some of the Tributary Indians on our frontiers, and what seems to confirm this is the account I have just now seen in a letter from the Secretary of New York to the Governor of North Carolina, that the French have been very active to perswade the Senequa's to joine the Tuscaruros, and it is to be feared have prevailed with them. The conduct of the Government of North Carolina from the begining of this Indian war has been so unaccountably irregular, that it has rendered all the measures I was willing to enter into for their assistance ineffectual, and I hope when I have mention- ed a few instances thereof, your Lordps. will not judge me only an idle spectator of the miserys of my fellow subjects. The first, when I had engaged our Assembly to vote a considerable supply for the succour of that Province, their Assembly which was then sitting, instead of acting in concert with ours, fell into such heats among themselves, because they could not oblige the Governors to admitt into their former offices, the most notorious fomenters of the late rebellion, that they would take no measures against the common enemy ; and to this behaviour of theirs may in a great measure be attributed that of our Burgesses, who fell from their first resolutions, and could not thereafter be prevailed upon to give assistance to a people so wanting to themselves. Next when I had by a solemn treaty made in the presence of our Assembly, engaged the upper towns of the Tuscaruros to joine in cutting off those concerned in the massacre, and had communi- cated the same to the Governour of North Carolina. That Government instead of concurring with me, in stipulations that provided solely for their succour, and the relief of their captives : rather chose to denounce war against all the towns in general and without waiting to see whether those upper towns would perform any of their engagments, they imediately fell upon those very people who (how little soever they designed to execute their promises) hereupon argued that we had violated ours. And lastly (for I will not trouble your Lordps. with all the instances I could give) when their whole Assembly joined in an Address to me last spring, beging an aid of 200 men for the better carrying on the war, and in that Address told me that they had raised £4000 whereby the succours sent from hence would be
Wt. 5622, C.P. 2.
18 COLONIAL PAPERS.
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provided for : I thereupon made extraordinary efforts to assist them with 200 white men and Indians, as your Lordps. will observe in the Journal of the Council April 24th last, and accord- ingly directed the rendevouze of those forces on the 10th of May : yet upon my meeting the Governor of North Carolina to adjust certain preliminarys for the better carrying on the service and the subsistance of the troops, I found that Government never intended to furnish so much as provisions or be at any manner of expence for them, but on the contrary had laid 10 per cent, on all the pro- visions carry ed into that country, so that the forces sent to their assistance must not only be paid and subsisted at the charge of this Government, but must also pay a duty for the victuals they eat while they were imployed in the defence of that country : and besides this I found the Commander of their forces had of his own head, clapt up a peace with the Indians upon very odd and unaccountable conditions, which nobody expected to last long, and it seems he did not intend it should ; for he soon after surprized some towns, and carryed off a great many captives of those who looked upon themselves as secure under the Treaty he had made with them, and by that means he has entailed a new war on the people of North Carolina, in which he was resolved to have no share, having imediatly after set sail with his prisoners to South Carolina, and the two massacres I have above mentioned have been the imediate consequences of this Mr. Barnwell's treachery. These irregular proceedings, both discourage and disable me from assisting the unfortunate people of that Province, who must be forced to abandon all their settlements on Neuse and Pamplico rivers, and thereby incourage the heathen to further attempts both on the other parts of that country, and on our frontiers : and I must sitt down under the mortification of seeing myself unable to protect H.M. subjects untill a nearer approach of danger convinces the people of this Colony of their error in not making timely provision to hinder the growing power of the heathen, and alarms both countrys to act more vigorously for their mutual defence. It was but the other day that a party of the Tuscaruros killed 3 and wounded two Nottoway Indians our Tributarys as they were hunting near our inhabitants, which seems only a prelude to what we may expect after their conjunc- tion with the Senequas. I understand by some traders lately come from South Carolina that they make great clamours there, as if our Indian traders had assisted the Tuscaruros with ammuni- tion ; but I'm perswaded your Lordps. will find enough on the Council Journals since September last, to refute that report ; and to satisfy your Lordps. that this Government hath taken all imaginable care to prevent any such commerce. Your Lordps. will observe by our Journals that even the trade with the Western Indians has been shutt up ever since last October, out of consider- ation for the province of North Carolina, but finding that trade still carry 'd on by the people of South Carolina, and that those Indians have no correspondence with the Tuscoruros, I have again by advice of the Council, opened the same for our inhabi- tants, lest it should be lost to us, and the Indians obliged to sue
AMERICA AND WEST INDIES. 19
1712.
to the French for those supplys which South Carolina can't furnish them ; but still with this precaution of taking £300 bond of every one of our traders not to trade with, nor go near the Tuscaruros or any other Nation in alliance with them. The Nations with whom this trade is carryed on live sevll. hundred miles from the Tuscaruros ; and as our traders assure me they must travell at least 1500 miles to come at the most considerable of them who live on the back of the mountains in the latitude of Virginia. If this be true (which I shall know more certainly at the return of our traders, to whom I have given directions to make observations of the latitude) your Lordships will no doubt think it still more unreasonable, that the Carolina men should impose dutys and seize the goods of H.M. subjects for barely passing through their Country. Acknowledges letter of Feb. 1st, 17j|. Signed, A. Spotswood. Endorsed, Reed. Sept. 19th, Read Feb. 26th, 17||. 9f pp. Enclosed,
25. i. (a) Copy of Proclamation by Lt. General Spotswood for apprehending Col. Thos. Gary and other seditious and factious persons (John Porter, Emanuel Low, Nevil Low, Capt. Stone, Edmund Porter, Levy True- hitt, Wm. Barrow, Tho. Sparrow, George Berkin- head, Henry Warren, Simon Alderson jr., Samll. Boatwell, and Richard Roach), that have made their escape from North Carolina into this Colony. July 24, 1711.
(b) Copy of a Proclamation for a General Fast on Sept. 7th to implore the blessing of God upon the expedition to Canada, etc. Aug. 6, 1711. Signed, A. Spotswood. (<?) Copy of a Proclamation repealing Acts of 1666 and of 1705 concerning the seating of lands. Oct. 24, 1711. Signed, A. Spotswood.
(d) Copy of a Proclamation restraining seating on out
lands during this time of danger. Jan. 28, 1711 (12). Signed, A. Spotswood.
(e) Copy of a Proclamation for enforcing the Act of 1661
for the keeping of registers by ministers and readers, etc. April 1st, 1712. Signed, A. Spotswood.
(/) Copy of a Proclamation for publishing the encourage- ments in the Act of Parliament for the encouragement of the trade to America. April 1st, 1712. Signed, A. Spotswood.
(g) Copy of a Proclamation for prohibiting all correspond- ence with the Tuscaruro Indians. April 19, 1712. Signed, A. Spotswood.
(h) Copy of a Proclamation prohibiting the takeing up or seating any lands within the bounds in dispute between Virginia and North Carolina. June 10, 1712. Signed, A. Spotswood.
(*) Copy of a Proclamation for a free trade with the Western Indians. June 10, 1712. Signed, A. Spots- wood. The whole endorsed, Reed. Sept. 19, Read Feb. 26, 17ff. 11% pp.
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25. ii. Account of H.M. revenue of 2s. per hhd. arising in Virginia. Total (July 20, 1711— April 25, 1712,) = £2523 14s. 3d. Expenditure on salaries of officers, etc. =£3203 12«. Qd. Same endorsement. 1 p.
25. iii. Account of H.M. Revenue of Quit-rents in Virginia,
June 1st, 1711— April 25, 1712. Total, £1585 18s. Same endorsement. 1^ pp. [C.O. 5, 1316. Nos. 90, 90 i. -iii. ; and (without enclosures) 5, 1363. pp. 459-475.]
July 28. 26. Order of Queen in Council. Referring enclosed petition Windsor, to the Council of Trade and Plantations for their report. Signed, » Edward Southwell. Enclosed, Reed. 1st, Read 26th August, 1712. l£ pp. Enclosed,
26. i. Petition of the Society for the Propagation of the
Gospell in Foreign Parts to the Queen. Thomas Poyer, wrongfully kept out of his parsonage and glebe in the parish of Jamaica in Long Island, fears lest, if he seek his remedy at law, and a cause of the Church be tried by Dissenters, he would not find justice. The value of the house, etc. being small, an Appeal to H.M. would not lie. Pray that, in causes relating immediately to the Church, appeals may be allowed without any restriction, or limitation of the value appealed for. (v. A.P.C. II. No. 1168). Copy. 4 pp. [C.O. 5, 1050. Nos. 52, 52 i. ; and 5, 1123. pp. 50-56.]
Aug. 2. 27. J. Reynardson and John Elbridge, Collectors of Customs
Custom house, at Bristol, to the Council of Trade and Plantations. Enclose
Bnstoll. following. Signed, J. Reynardson, Jno. Elbridge. Endorsed,
Reed. Read Aug. 5th, 1712. Addressed. Postmark, f p.
Enclosed,
27. i. List of ships (10) cleared from Bristol to the Fishery at
Newfoundland, June 24, 1711—1712. 1 p. [C.O. 194, 5. Nos. 14, 14 i.]
Aug. 4. 28. William Sharpe to the Earl of Dartmouth. Your London. Lordship, my Lords Archbishop of York and Bishop of London haveing done me the great honour of presenting me to H.M. I think myself highly concern'd to vindicate my character from aspersions etc. I now stand reproach't in those very things for which I have receiv'd the universal thanks of my country, and the approbation of the best of Princes ; etc. I pray your Lordship to sett my innocence in a true light before H.M. I have petitioned the Committee of the Privy Council for hearing appeals from the Plantations either to dismiss that fals and scandalous libell against me, or command the persons who lodg'd the same forth- with to serve me with copys of their proceedings, etc. Compli- ments, Signed, Wm. Sharpe. 4 pp. [C.O. 28, 43. No. 78.]
[Aug. 5.] 29. Micajah and Richard Perry, merchants of London, to the Council of Trade and Plantations. Petitioners having advanced several considerable summs of money for Governor
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Aug. 6.
Whitehal.
Aug. 8.
Annapolis Royall.
Parke, he made over to them his land and negroes in Virginia as security, and owing also several sums by bond to others. As executors with his daughter, they have joined in an Act of Assem- bly there (to enable John Custis etc. v. Aug. 26) for selling part of his estate towards paying his debts, etc. Pray H.M. approbation of the same. Endorsed, Reed. 5th, Read 26th Aug, 1712. 1 p. [C.O. 5, 1316. No. 82.]
30. Council of Trade and Plantations to Lt. Governor Bennett. Having had under consideration an Act past in Bermuda, Jan. 19, 11 j^ impowering Richard Jennings to sell one share of land in Smith's Tribe, transmitted to us in your letter of Aug. 30, 1710, we find that the land mentioned in the said Act is vested in Richard Jennings in Fee, whereas it ought to have been vested in Trustees to be by them sold, and the money arising thereby apply'd to the just payment of the debts of the said Richard Jenings, according to the true intent and meaning of that Act. And that the surplus if any there be ought to be laid out upon a purchase of lands to be settled to the same uses, as the land directed to be sold were limited and settled. Besides there is no saving in the said Act of the right of the Crown or Bodies Politic. For which reasons we have not thought proper to lay the said Act before H.M. And therefore you will do well to move the Assembly to pass a new law not liable to these objec- tions. And when we receive the same from you, we shall lay it before the Queen for Her Royal confirmation. [C.O. 38, 7. pp. 35, 36.]
31. Lt. Governor Vetch to the Earl of Dartmouth. I have wrote your Lordship so often relating to the state of this garison and the payment of the bills for its support without being honoured with the least return or direction with relation to the same, that I now allmost write in dispair, and as the Agent who hath launched out all the money he was capable to raise for H.M. service and the support of this garison, having received as yett no reimbursement is necessitate to abandon us, so that I cannott gett any person whatsomever who will upon the publick account advance either money or provisions for the support of the garison, nor have wee provisions for no more then a month's time longer, which is to the 10th of September, so that wee are like to be reduced to a necessity to abandon the place, for the inhabitants have not provisions to maintain themselves ; soe that wee are reduced to the last extremity especially considering that the garison is composed of all the mutineers and refuse of the seven regiments from which they were detached as their own officers affirm : so that if any misfortune should happen, I cannott be justly blamed for the same. Seven or eight of them deserted to the French and Indians : but upon paying a reward of £5 pr. man, they were all brought back by the French save two, and being tryd by a Court Martiall five of them being condemned to die, of whom I reprived four by vertue of H.M. Commission to me for that effect : and one was shott conform to sentence.
22 COLONIAL PAPERS.
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Since which twelve of them who were stragling abroad contrary to positive orders that same morning given out, were taken prisoners and two more killed, by a party of 150 or 200 Indians who came privately by order of the Governour of Canada to catch some prisoners to give them information whither any expedi- tion was designed against that place : had they not been above the double number of Coll. Livingston's company of Indians, and that even the half of them was gone along with the Saphyre man of warr whom I sent att the desire of the Governours of New England and New York with two small tenders to the wreck of the Fevershame and transeports lost att Cape Britton, I doubt not but they would have recovered the prisoners from them, but they carried them all away to Canada, and wee have two more deserted since, many of them being Irish desert upon the account of Religion, so that if your Lordship and the Ministry would but please to consider my circumstances, you will find I have the hardest task imaginable to manage such a garison in such cir- cumstances. As to the victualling of the garison it hath bein upon the most frugall footing possibly could be : for the Agent hath bein only allowed l\d. per day for the provisions delivered att the Fort, the freight of which cost att least a fifth part : besides the sea hazard : while att the same time, the victualling of each seaman in the station ships att Boston, who receive their provisions there and save all the freight, stands the Queen in 9d., etc. As I have by every possible oportunity pray'd H.M. orders, for near these two years past, so I hope I cannot be blamed in continuing them upon the same footing the Counsell of Warr who was impowered by H.M. left them in with me, etc. As soon as your Lordship will obtain me H.M. leave to waite upon her in Brittan, I doubt not to convince your Lordship and the Ministry that I have laboured under the greatest difficultys and hardships that perhaps ever any person in such a post ever did, etc., and have acted with the utmost zeall, justice, frugality and regard to H.M. honour and intrest, and hope to find a reward accordingly. Refers to accounts transmitted, etc. Signed, Sam. Vetch. 11 pp. [(7.0.5,9. No. 109.]
Aug. 8. 32. Mr. Attorney General to the Council of Trade and Plantations. Submits form of oath for proof of resettlement by the sufferers at Nevis and St. Kitts (v. July 21). Signed, Edw. Northey. Endorsed, Reed, llth, Read 12th Aug. 1712. 1£ pp. [C.O. 152, 9. No. 126 ; and 153, 12. pp. 1, 2.]
Aug. 9. 33. Lt. Governor Lambert to the Council of Trade and St. Plantations. The enclosed I had presumed to have sent by Christophers. SOme vessells bound hence for Level-pool, which parted in such confusion and fear of the enemy that the Masters omitted calling for it at the Custome house, etc. Signed, Mich. Lambert. Endorsed, Reed. 3rd, Read 31st Oct., 1712. 1 p. Enclosed, 33. i. Lt. Governor Smith of Nevis to Lt. Governor Lam- bert of St. Kitts. Nevis, Aug. 6, 1712. These serves to advise you of what news we had by a briganteen
AMERICA AND WEST INDIES. 23
1712.
on Munday, which came from Antegoa Sunday last. The master reports that the Virgin Queen that day came in being sent out as a spye, saith that he saw at Guard a loupa 16 saile of ships and 32 saile of sloops by which number presume they are all joyned, and may be upon some attackt in a few days. It's also reported by what they have learnt they are designed for Antegoa, the men of warr are all hailed in, and their men on shoare, as it's reported and all incampt ; which now I presume you will have from Capt. Liddle that went from hence on Munday. I am now sending out Capt. Canarragan's sloop to make some discovery, etc. Signed, Dan Smith. I p.
33. ii. Deposition of William Bevell and James Brookes, mariners. St. Kitts, Aug. 9, 1712. Deponents were taken at the Isle of May on April 24 by a ship belonging to a French squadron consisting of 7 men of war, which came from Touloon under M. Cousier, who took the Island of St. Jaugo, belonging to the King of Portugall, where they plundered for eight days, and burnt part of the town. Thence proceeded to Surrinam (except one merchant ship which was reported went for Guinnia) they attempted landing there with 25 boats manned, but was put off, and then went for Martiniqco. The inhabitants of that Island and Guardaloupa joyned them with two briganteens and 16 sloops, and went first to Antegoa, where they attempted landing about midnight near Falmouth harbour, but was discovered, the Island allarmed, and they put away for Montserratt where they landed about 3000 men, ravaged and plundered that Island (in part) for 12 days and carryed off about 12 or 1400 negroes — but General Douglas with four small men off warr and five sloops appeareing off the Road where the French Fleet was at anchor, they burnt the towne, imbarqued their forces and sailed the same day for Guardaloupa. The French Commodore had 56 guns, one ship 50, one 48, one 40, one 30, one 20 guns ; the other ship had 30 gunns but left behinde at Martinique haveing lost her mast. Signed, William W. Bevell, James Brookes. 1 p. [C.O. 152, 9. Nos. 132, 132 i., ii. ; and 153, 12. pp. 26-29.]
Aug. 11. 34. The Earl of Dartmouth to the Council of Trade and
Windsor Plantations. I am to desire you will let me know what informa-
Castle. tions you have reed, relating to a clandestine trade carryed on
by one David Creagh in the West Indies, particularly whether
any affidavits have been transmitted to you, or living wittnesses
sent over to prove the crimes with which he stands charged. He
is now on board one of H.M. ships of war, and no resolution can
be taken in what manner to proceed against him till I have your
answer, etc. Signed, Dartmouth. Endorsed, Reed. Read Aug.
13, 1712. 1 p. [C.O. 137, 9. No. 67 ; and 138, 13. p. 395.]
24
COLONIAL PAPERS.
1712. Aug. 12.
Whitehall.
35. Mr. Popple to Mr. Burchet. Encloses extract from Governor Hunter's letter, etc., March 1st, relating to the building of a galley at New York, to be laid before the Lords Commissioners of the Admiralty. [C.O. 5, 1123. p. 49.]
Aug. 12.
Charles Fort in St.
36. Robert Cunynghame to the Council of Trade and Plant- ations. Repeats parts of April 30 and July 2. Continues: — Genera] Douglas had me taken up by a falce, scandalous and '' malicious warrant (v. C.S.P. 1711-12, No. 392 ii.), for that the persons he sayes informed him and Council, were not before the Council, but at the Lt. Governor's with a Justice and lawyer of his appointing, the Saturday and Sunday before, where he then was, I gave myself the pleasure by a letter on Munday, to informe him more than any or every body besides could and more than he cared to hear, which was delivered him by my little son of twelve years old, who I hope will have the honor to deliver this to your Lordships, with the copie of my said letter if required. Upon my appearing before him in Council the 15th he charged me with no part of his warrant but my letter, which I did and will justifie in every part, and what I said besides at the Council Board, etc. The Island of Montsearat is lately destroyed by 5 of the enemies ships from 30 to 54 guns, a Dutch prize, 13 sloops and smal vessels at a time there never was so many merchant ships nor of so good coun- tenance in this Government, were some of them fitted out with the four men of war they would drive the enemies ships out of the West Indies. I wish your Lordships may not in a little time hear of the loss of all the Islands by the General's ill conduct, we daily expect to be attackt here, I continue a prisoner, my wife with child and eleven smal children, etc. My humble petition to your Lordships is that General Douglas, Lt. Governor Lambert and myself may appear before H.M. in Council, your Lordships, or at the Queens Bench Barr, for that here the General is always in the right, it will then appear who is guilty of high crimes and misdemeanors, or worse, General Douglas for his conduct on account of General Park at Antigua ; upon account of Montserat and now all the Islands being exposed to be destroyed by the enemy, his suspending Lt. General Hamilton, which common fame said he was searching reasons for some months after, his oppressing me, and taking by himself or servants extravagant fees, more then ever General Park did, nine pieces of eight from a stranger for a lycence of marriage and seven from a poor man for proving a deed of gift, more demanded but beat down by both. Lt. Governor Lambert for making away four of the Queen's brass field pieces, two that came with the Duke of Bolton's regiment from England, and two with Sir Timothy Thornhills from Barbados which were in Charles Fort when Lt. General Hamilton went hence. Lt. Governor of Nevis. For being concerned with or consenting to General Park, in defrauding the poor inhabitants of this Island and Nevis of the Queen's Royal Bounty sent in the Triumphant under the convoy of Capt. Geo. Camocke of H.M.S. Speedwell, no part of the following species
AMERICA AND WEST INDIES.
25
1712.
Aug. 13.
Whitehal.
Aug. 13.
Antegoa.
being distributed : — 7 tierces of beef, 1 tierce, 7 barrils and 6 half barrils of pork, 8 tierces, 57 barrils of flower, 27 boxes of candles ; 43 hhds. of wine etc., 8 hhds. of salt ; 5 runlets of brandy etc, For that the said Lt. Governor's sloop being sent with a flag of truce to Martinique about Easter 1708, he with one or more of the Council were concerned in 99 barrils of beef then sent to the enemy, etc. For that some years ago he did take John Cannaragan an inhabitant of this island then sick of a fever from his family and put him on board H.M.S. Diamond, Capt. Ramsey com- mander, where he was put in irons and exposed to sun and weather upon the forecastle four dayes and nights without bread or water but what was given him unknown to the Captain, his pretended crime being piracy for taking under a Dutch commission one of General Park's flags (of) truce with contraband goods going to Martenique. He being told of it by myself some time after at a conference as I was Speaker to the Assembly, he said 'twas by the General's order and with consent of the Council, so that your Lordships see what they are. For that at this time of very great danger from the enemy, being still at Guardeloup, 37 dayes since they landed at Montsearat and a much longer time since we were apprized of their designs against the Islands, the Queen's best cannon lye exposed at the Old Road, Palmeta Point and Sandy Point, when they are wanted in Charles Fort as well for its defence as security of the ships that would on this occasion anchor under it, that the said Fort is entirely neglected, the well within as well as that without being choakt up with dirt and stones, neither winlass, rope nor bucket to either, that for these four months past that I am here, he has bin but four times in it and his stay at all those times not half an hour. That there is not a barril of beef nor flower upon Brimston Hill, which is our greatest security, by nature impregnable, and but lately either powder or ball, and the officers of the Queen's Regular troopes are not to this day consulted upon the danger that hangs over our heads. Signed. Ro. Cunynghame. Endorsed, Reed. 29th, Read 31st Oct., 1712. 3 pp. \C.O. 152, 9. No. 130 ; and 153, 12. pp. 14-20.]
37. Council of Trade and Plantations to the Earl of Dart- mouth. Reply to Aug. 11. Enclose extract of letter from Lord A. Hamilton, May 15, and state of the case of David Creagh. Autograph signatures. 1 p. [137, 46. Nos. 4, 4 i. ; and (without enclosure) 138, 13. p. 396.]
38. Governor Douglas to the Council of Trade and Plantations. Sir Hovenden Walker arrived with the London fleet the 24th of June, and sailed for Jamaica the 28th, and left his orders for Capt. Hamiltoii, H.M.S. Woolwich, to come down from Barbadoes with all H.M. ships to the assistance of these Islands, upon the first notice from me, of any invasion from the publick enemy, or any new insurrection in this Island. On July 4th a squadron of men of warr from Thoulon commanded by Monsieur Cassaert, that had made some attempts at St. Jago was repulsed at Surrinam,
26 COLONIAL PAPERS.
1712.
alarmed Barbadoes, the Panther and Burlington having been chased by three of their biggest ships, alarmed us with some small ships appearing near Guardaloupe and standing off seemed to be reinforced with some more ships and sloops. They endeavoured to land on Sunday morning, July 6th, at Willoughby Bay and the Mamora, but stood off again upon their perceiving a few horse and foot in some readiness to receive them. On Munday morning they stretched along the Leewardmost part of the Island and besides a great many sloops and small vessells with small boats for landing men we reckoned one 70 gun ship (with 64 guns mounted called Le Neptune as our spy and prisoners have since informed us) two ships of 50 guns, one ship of 40 guns, three ships of 32 guns. In the evening they landed a few men at Carrs Bay upon the Island of Montserratt, and next morning at Ply- mouth after firing some broadsides against the battery and tower they landed there and to northward of the Island at Carrs and the next Bay above 3500 men as they confidently report. Upon the first alarm I immediately sent away two sloops to the Governor of Barbadoes for his assistance and had the six men of warr met with the usual dispatch they would have arrived at Plymouth Road in Montserratt a considerable time before they left that Island and when they were in confusion many of their men being ashoar and taken up with thoughts of their plunder. It proved to be the singular good fortune of the French that the great rain and tempestuousness of the weather hindered us from landing anywhere to windward which made our intelligence very slow and incertain ; and the Roebuck being disabled in her masts as soon as ever we could get her in a posture of sailing, I embarked with the Diamond, Roebuck, Scarborough and the Jolly man of warr of 16 guns and some sloops with near 300 men on board, which I endeavoured to land (and would have gone ashoar alone to have incouraged the poor people if it had been possible) but by reason of the surges running so very high I found it alto- gether impracticable, tho' about 100 of the inhabitants came down from their last place of retreat, their dodand, to favour our landing ; we were oblidged to go very near the French fleet at anchor and by their hurry and unreadiness to sail we got all safely to windward and alarmed Guardaloupe (still heartily praying for a force to land and make reprizalls) and took some prisoners before we returned to Antegoa where the six men of warr arrived from Barbadoes July 20th, who after a consultation resolved not to attack the enemy if of equal 1 force. The day following I sent a reinforcement of above 400 men soldiers, sailors and the islanders, on board their ships. The 22nd they sent to discover the enemy who they perceived had left Mont- serratt the same day in the evening after we had given them the alarm and in spite of all our intreatys and remonstrances the Captains of the men of warr from Barbadoes would neither consent to continue with us any time nor yet to attack the enemy tho of an inferiour force at anchor at Guardaloupe ; Capt. Constable left us the 26th and Capt. Hamilton the 27th of July in very mean circumstances which has oblidged us to take all
AMERICA AND WEST INDIES. 27
1712.
imaginable care to put the Island in the best posture of defence that at present it is capable of. I have formed the sailors into a regiment and sent for 100 men from Montserratt and repaired our breastworks, trenches and all sorts of fortifications, but both the few soldiers and the militia are in great want of small arms. We are still in hourly apprehensions of being invaded by the enemy (the planters affairs and all trade being at a stand) and this day our spy-boates brings intelligence of their being in motion and some of them got under sail ; we are as well provided for them as it lyes in our power to be, and the people seem very well resolved to make a vigorous defence, but if they fall to leeward and attack Nevis and St. Christophers they must of necessity overrun them in a little time. The desertion and absence of the Lt. Governor of Montserratt made it the easier for them to ravage and do so much prejudice to that poor island, where out of about 5000 negroes (besides the burning many of their houses and works) they lost about 1200. Signed, Walter Douglas. Endorsed, Reed. 29th, Read 31st Oct., 1712. 2| pp. [C.O. 152, 9. No. 134 ; and 153, 11. pp. 30-34.]
Aug. 13. 39. Governor Douglas to [? the Earl of Dartmouth]. Repeats Antegoa. preceding. [C.O. 152, 42. No. 87.]
[Aug. 14.] 40. Order of King in Council, April 2, 1696, referring following petition to the Council of Trade and Plantations. Signed, Wm. Bridgeman. Endorsed, Reed. — 1696, Read Aug. 14, 1712. Enclosed,
i. Petition of Charles Knights, Charles Whittell and Edward Broughton, of Jamaica. Sir James del Castillo and Don Francisco Porcio, subjects of the King of Spain and factors for the Assiento for importing negroes to the Spanish West Indies, contracted with petitioners for moneys advanced and negroes delivered at Porto Bello and Carthagena, and particularly Francis Porcio did agree to pay Charles Knights 38,280 peices of eight; to Charles Whittell £2150 135. 9d., and to Edward Broughton £500 for negroes delivered. Sir James del Castillo contracted to pay Charles Knights 37,500 peices of eight for negroes delivered. Before the ships sailed from Carthagena these peices of eight were by some order from the Spanish Governor there on contrivance of Francisco Porcio taken out and detained. Porcio resides and is protected at Panama. Appeal for H.M. orders for satisfaction to be made to them by him. \p.
40. ii.-iv. Copy of Don Francisco Portio's contracts to pay Knight, Whittell and Broughton as in preceding. Signed, Francis Portio. 3 pp.
40. v. Copy of Sir James del Castillo's contract as in preceding. Signed, Santiago del Castillo. 1 p. [C.O. 137, 9. Nos. 68, 68 i.-v.]
28
COLONIAL PAPERS.
1712. Aug. 14.
Whitehall.
Aug. 14.
London.
Aug. 15.
Whitehall.
Aug. 15.
Bermuda.
41. Mr. Popple to Henry Lord Bishop of London. The Board is verry sorry to hear of your Lordship's indisposition, which has hindred them of the advantage of your Lordship's assistance this day. However they send you names of six persons recommended to them, and desire you to let them know whether your Lordship have any objection as to the principles of these men, that may disqualify them, for the place of Coun- cillors in New Jersey, etc. [C.O. 5, 995. pp. 161, 162.]
42. Micajah Perry to Mr. Popple. I have yours relating to Col. Douglas. I have only advice that there is severall gentlemen comeing over immediatly to whome I am to aply for a full state of all thing in the Islands, particularly one Mr. Bunnion, ete. Signed, Micajah Perry. Endorsed, Reed. 14th, Read 26th Aug., 1712. | p. [C.O. 152, 9. No. 127 ; and 153, 12. p. 4.]
43. Mr. Popple to Mr. Buckley. Order to print 1000 copies of the oath for the sufferers at Nevis etc. (v. Aug. 8). [C.O. 153, 12. p. 3.]
44. Lt. Governor Bennett to [? the Earl of Dartmouth]. Repeats March 15. Inclosed are two affidts. relateing to the designs of the French upon this country, which occasioned an embargo for two months, and I believe would have been put in execution, had not our men of war last winter had the good success to take their fleet of ammunition and provision snipes bound to Martinique, whereby it's concluded they were incapassi- tated to forward that intent. As for the consequences I fear will happen if these islands were in the hands of the French etc., I refer to my letters of June 22, and Oct. 26, 1711 ; and doe pray consideration may be had on that part concerning makeing my company up 100 men, and if another company were ordered here it would doe well, verily believeing and concludeing the French have resolved to attempt this country. Also inclosed is a letter found (amongst many others) on board a French ship bound to Nantes of about 100 tuns, 8 guns and 20 men, taken on the 19th of July past near the west end of these Islands by a privateer fitted out here, to which letter (the cover whereon to whom directed being some way lost, but remember it to have been to a Secretary of State) I desire to refer your Lordp. for further information. The ship made prize came from Martin- ique on the 2nd of the last month in company with the seven French men of war mentioned in said letter, and 16 privateer vessells, haveing 1000 soldiers on board, which with the privateers, could on occasion land 3000 men. On the 6th about midnight they were off of Antigua designing to steal a landing, but being discovered and the sea running high, they in the morning stood away and went for Mounserat, and after being three days in sight of that Island landed (but what opposition was made I have not heard). The inhabitants retired to the Dodan, which I am told is a secure strong place, and provision sufficient for
AMERICA AND WEST INDIES. 29
1712.
the people and their slaves for some months. By advice from Barbados I understand, that six men of war were gone from thence to Antigua to joyn four more, with intent to attack the French fleet at Mountseratt, etc. Signed, Ben. Bennett. Endorsed, R. Nov. 20. Holograph. 2 pp. Enclosed,
44. i. Deposition of William Be veil of Liverpool, mariner and James Brooke, mariner, St. Kitts, Aug. 9, 1712. Duplicate of No. 33. ii. 1 p.
44. ii. Deposition of John Shattock, mariner, Bermuda, April 21, 1712. A Frenchman at St. Thomas' informed deponent in March that the French intended to fit out a fleet at Martinique, Guardalupe and St. Domingo and to take Bermuda by surprize. Signed, John Shattock. 1 p.
44. iii. Deposition of William Cherittoe, Bermuda, Aug. 15, 1712. Deponent heard at Thomas' four or five weeks ago that the French were preparing at Martinique, 13 or 14 sail of privateer vessels, and 4 or 5 men of warr to take Bermuda. Signed, Wm. Cherittoe, his mark. Copy. 1 p. [C.O. 37, 28. Nos. 12, 12 i.-iii.]
Aug. 16. 45. Governor Lowther to the Council of Trade and Barbados. Plantations. Refers to letter of May 28 ; " since which I have not had the honour to receive any commands from you. The Council and Assembly have had a great dispute about the Excise Bill, I did all I could to accomodate the matter, but some here aim at nothing less than to make themselves an independent people, and to that end endeavour all they can to divest the administration here of all the Queen's power and authority and to lodge it in the Assembly, this project hath been a long time on foot and a great progress hath been made in it, for they have extorted so many powers from my predecessors, that there is now hardly enough left to keep the peace, much less to maintain the decent respect and regard that is due to the Queen's servant. I only now take the liberty to hint these thinges to your Lord- shipes, but if you have a mind to be thoroughly satisfy 'd of them, I shall upon the least intimation lay these matters very fully before you. I have already inform'd your Lordshipes of the reasons that prevail'd upon me to suspend Mr. Carter from practicing the Law ; as also that I gave him to understand by Col. Barwick and some others that I would restore him, provided he would acknowledge his fault and make his submission, but he hath never yet thought fit to do it, but now intends as I am informed to apply to H.M. to take off his suspension. I shall only add, that if such incendiaries are countenanc'd and encour- ag'd, instead of being punished, it's then not improbable that such a tragedy may be acted here as was lately at Antegoa. I hope your Lordshipes will be satisfy 'd upon perusing the Minutes of Council that I did all that laid in my power to prevent the enemy from invading any of H.M. Leeward Islands : I shall make no remarkes at this time upon the conduct of any of the Commanders of H.M. shipes, but intirely submit the matter to
30
COLONIAL PAPERS.
1712.
your Lordshipes, you having all the matters of fact before you (in the inclosed Minutes of Council). P.S. Mr. Barwick presented me the inclosed petition in relation to Mr. Skene since I had writ this letter : your Lordshipes will observe that he prayes that I will represent the contentes home to England, that H.M. interest may no longer suffer by the said Skene," etc. Signed, Rob. Lowther. Endorsed, Reed. Nov. 13, 1712, Read July 17th, 1713. Holograph. If pp. Enclosed,
45. i. Account of Stores of War, Barbados, June 2, 1712. Signed, Wm. Leslie. Same endorsement. 1 large p.
45. ii. Account of Christenings and Burials, Clergy and School- masters in the several parishes of Barbados, June 22, 1711-1712. Totals :— Christenings, 449; Burials, 352; Schoolmasters, 46. Same endorsement. 1 p.
45. iii. Account of Negroes imported into Barbados June 22, 1711-1712. Separate traders, 492 ; Royal African Company, 161. Same endorsement. \p.
45. iv. Account of arms and ammunition in the several divisions of Barbados, Aug. 1st, 1712. Same endorse- ment. 1 p.
45. v. List of inhabitants of Barbados, by parishes. Totals : — Number of Plantations, 1309 ; White men, 3537 ; women, 3529 ; children, 5462 ; white men fit to bear arms, 3438 ; negro slaves, 41,970 ; horses, 2471. Same endorsement. 1 p.
45. vi. Account of prizes and seizures in the Court of Admir- alty, Barbados, June 1711— July, 1712. 21 ships (17 French prizes, 1 Spanish). Signed, Stephen Alexander, Register Cur. Adm. Same endorsement. 2 pp.
45. vii. Copy of Deposition of Wm. Leslie, Keeper of the Stores, Sept. 6, 1712. Deponent was informed of an order from the Governor, July 16th, to Capt. Archibald Hamilton, H.M.S. Woolwich, for stores of war, which deponent waited to give him, but he sailed without ever sending for them, etc. Same endorsement. 1 p.
45. viii. Petition of Samuel Barwick to Governor Lowther. Alexander Skeene went off the Island contrary to law and unknown to petitioner owing him £129 1,9. 8d. out of £329 Is. 8d. decreed by the Court of Exchequer in H.M. v. Skeene. Prays that the matter be represented home and Skeene obliged to give good security there for payment of the balance with costs. Signed, Saml. Barwick. Same endorsement. 1 p. [C.O. 28, 14. Nos. 2, 2 i.-viii. ; and (without enclosures) 29, 13. pp. 53-57.]
Aug. 17. 46. Mr. Tucker to Erasmus Lewis. Asks for the post of Liliingston- Secretary or Ensign for his kinsman in Bermuda, etc. Signed,
Dayrell. j Tucker j p ^ Q 3^ 28. No. 13.]
[Aug.] 17.
Fulham.
47. Bishop of London to Mr. Popple. I do entirely approve of their Lordships' choice, etc. (i.e. of Councillors for New Jersey ?) v. No. 41. Signed, H. London. Endorsed, Reed. 17th, Read
AMERICA AND WEST INDIES.
31
1712.
26th Aug., 1712. Addressed. % p. [C.O. 5, 970. No. 162 ; and 5, 995. p. 163.]
[Aug. 18.] 48. Copy of Mr. Skene's Patent as Secretary of Barbados, May 8, 1702. Endorsed, Reed. Read Aug. 18, 1712. 2| pp. [C.O. 28, 13. No. 94.]
Aug. 21. 49. The Earl of Dartmouth to the Council of Trade and Whitehall. Plantations. The Queen is very much surprised to find that several of her subjects have been lately sent hither in custody from the Plantations without any evidence of their crimes, which as it is a practice very injurious to the particular persons who fall under the misfortune, it is likewise very derogatory to the honour of H.M. Government ; I am therefore commanded to signify H.M. pleasure to you that the several Governours of her Colonys in America be ordered not to send any of her people hither as prisoners, without transmitting at the same time full proofs of their guilt. Signed, Dartmouth. Endorsed, Reed. 24th, Read 26th Augt., 1712. 1 p. [C.O. 137, 9. No. 69 ; and 138, 13. p. 397.]
Aug. 21.
Whitehall.
Aug. 21.
Whitehall.
Aug. 23.
Barcelona.
50. Circular letter from the Earl of Dartmouth to Governors Hunter, Dudley, Spotswood, Bennet, Lowther, Douglas, and the President of the Council of Maryland and the Commander in Chief at Newfoundland.
At the same time that I transmit to you H.M. Proclamation for observance of the truce she has thought fit to conclude with the French King, it is necessary I should acquaint you that it is not to take effect beyond the Line til six months to be computed from the 8th inst. It is hoped however that such a form of passes will soon be settled on both sides as may intirely remove that difficulty, and as the encouragement of commerce is the chief concern of the Plantacons you govern, I cannot doubt but you will take all imaginable care to see the cessation of hostilitys duely complyed with. H.M. has likewise commanded me to signify her pleasure to you that none of her subjects be hereafter sent prisoners from the Plantations to Great Britain unless sufficient proof of their crimes is sent at the same time. Signed, Dartmouth. Mem. The foregoing letters and that to Lord A. Hamilton were carryed to the Admiralty on Aug. 22, to be sent by a frigat bound to New York. [C.O. 324, 32. pp. 166, 167.]
51. The Earl of Dartmouth to Governor Lord A. Hamilton. Circular letter as above. Concludes : — I have receiv'd your Lordship's letter concerning David Creagh, whom I have put into the custody of a messenger, but he is forthwith to be bailed out, for want of affidavits or other legal evidence against him. Signed, Dartmouth. [C.O. 324, 32. p. 168.]
52. John Roope to Mr. Popple. I have much to say for the benefit of the Newfoundland trade etc. on my return, etc.
32 COLONIAL PAPERS.
1712.
Signed, John Roope. Endorsed, Reed. Dec. 6th, Read Jan. 21, 1712 (13). Addressed. 1 p. [C.O. 194, 5. No. 19.]
Aug. 23. 53. Deposition of Edwd. Chester, Senr. On Dec. 6th, 1710, the day before Governor Parke was killed, Thomas Kerby late Secretary of Antego did in deponent's presence endeavour to dissuade Capt. John Pigott who was killed the same day with the Generall, from making any attempt to apprehend the said Generall in order to send him off the Island, etc. Copy. [C.O. 324, 32. p. 170.]
Aug. 23. 54. Deposition of Edward Byam. Thomas Kerby attended deponent and some other members of the Council of Antego who mett Dec. 7, 1710, in order to prepare and sign an address to Genii. Parke before the conflict arose, and did stay with the Council and take a copy of the said address with what else he was directed to during their meeting, which continued untill the inhabitants began to march towards Gen. Parke's house. Deponent has known Kerby for many years and hath observed him upon all occasions to be zealously affected to H.M. Govern- ment, respectful to Governors, and never suspected of being a contriver of the late insurrection, etc. Copy. [C.O. 324, 32. pp. 171-173.]
Aug. 23. 55. Sir John St. Leger to Mr. Popple. Encloses following, Inner Temple. " transmitted to me by Mr. Douglas." All the public papers of the Leeward Islands were lost in the Bristol galley etc. (v. July 25). In the said packet soe lost, there was a state of the Leeward Islands directed to the Council of Trade, etc. Signed., John St. Leger. Endorsed, Reed. Aug. 24th, 1712, Read July 14, 1713. Addressed. 1 p. Enclosed,
55. i. Account of negroes imported to Antegoa, May 1, 1711- 1712. Total, 1008 in 4 ships. Signed, Richd. Buck- eridge, Collr. Endorsed as preceding. 1 p. 55. ii.-vii. Account of powder and stores of war, Antigua, April 29, 1712. Signed, John Brett. Same endorse- ment. 8 pp.
55. viii. Proceedings in the Court of Chancery, Antigua, Jan. 14- June 2, 1712. Same endorsement. Copy. 18 pp.
55. ix. Proceedings of the Courts of Queen's Bench and Common Pleas, Antigua, 1712. Same endorsement. Copy. 41 pp.
55. x. Answer to several articles in Major Douglas' Instruc- tions, (a) A complete digest of the laws in force through these Islands would prove a work of more trouble and charge in the present unsettled circumstances then could be speedily complyed withall, and of the more difficulty in regarde it is uncertaine what acts are in force, disputes frequently ariseing thereupon as well in the Courts of Common Pleas as other wayes. I doe not conceive it possible to be done untill I can
AMERICA AND WEST INDIES. 33
1712.
prevail to have the Acts supervised by a Committee of able and discreet persons and a law made to declare those that are in force. (6) (No. 54). Relating to Courts, establishments, they are all the most plainly mentioned in the Act of 1698, for establishing of Courts, etc. (c) (No. 55). The established tables of fees (quoted] are those of the Chief Justice, settled Jan. 20, 1701 (v. Minutes of Council) ; and of the Marshall and Secretary, settled Jan. 31, 1703 (v. Minutes of Council), (d) List of inhabitants of Antigua, 1711 (by divisions). Totals, families 758 ; women 794 ; children, 1131 ; men fitt to bear arms, 929 ; negroes 11,838. (e) Christenings and burials, Antigua, March 25, 1711-1712. Parish of St. Johns, baptised 42, buried 32 ; St. Peters, baptised 21, buried 13 ; St. Pauls, baptised 15, buried 1 ; St. Marys, baptised 5, buried 3. (/) Several accounts of stores of war have been lately transmitted etc. (g) Since the late Act of Courts has had such very hapy results in encourageing all merchants etc., it's humbly hoped it will receive their Lordships' approbation, and that the supplementary Act may be dissalowed. Same endorsement. 12 pp. 55. xi. Abstract of exports and imports, Antigua, May 1st- Aug. 1st, 1712. Ships, Great Britain 23, Plantations,
11. Exports; — Brown Sugar; Great Britain, 2142 hhds., 2849 tierces, 521 barrels, 1080 kilderkins ; Plant- ations, 6 hhds., 12 tierces, 3 barrels, 68 kilderkins. Cotton, Great Britain, 377 bags, 805 pockets ; Planta- tions, 6 bags, 26 pockets. Lignum vita, Great Britain, 1439 sticks, 18 tuns ; Plantations, 94 sticks, 2 tuns. Ginger, Great Britain, 445 bags, 2 tierces. Rum, Plan- tations, 12 pipes, 56 hhds., 70 tierces, 18 barrels, 11 kilderkins. Molosses, Great Britain, 147 hhds. 81 tierces ; Plantations, 473 hhds., 215 tierces, 4 barrels, 18 kilder- kins.
Imports are said to be dry goods, liquors, provisions, wines, lumber, horses, candles, bricks, flower, train oyle, fish, and sheep. Same endorsement. 1 p.
55. xii. Duplicate (with some variations) of No. viii. [C.O.
152, 10. Nos. 1, 1 i.-xii. ; and (without enclosures), 153,
12. pp. 87-93.]
Aug. 24. 56. Brigadier-General Hill to the Earl of Dartmouth. I Dunkerque. have received a letter from Mr. Vane, the Ingenier I appointed last year to the Garrison of Annapolis, concerning some un- warrantable practices of Col. Vetch, the present Governour of that Fort, of which letter I humbly conceived it for H.M. service to send you the inclosed copy. Signed, J. Hill. 1 p. Enclosed.
56. i. Extract of letter from Mr. Vane to Brigadier General
Hill, Annapolis, May 5, 1712. A repetition of the charges v. Col. Vetch, v. C.S.P. 1711-12, No. 403. l£ pp. [C.O. 217, 31. Nos. 8, 8 i.]
Wt, 5622. C.P. 3.
34 COLONIAL PAPERS.
1712.
Aug. 25. 57. Governor Douglas to the Council of Trade and Plant- Antegoa. ations. When the French returned from Montserratt to Guarda- loupe they had a man of warr of 40 guns, a brigantine and two sloops stranded. They continued there some time to divide their plunder (which was of very small value to them) and take care of their sick men, they afterwards sailed with eight large ships and six or seven sloops towards the windward of this Island and continued standing off and on untill the 17th inst., and we have been cantonned in little encampments untill the 24th inst. at which time the Act for encamping (not allowing Martial Law, nor the articles of warr to be in force) is expired, the Assembly taking upon them to intermeddle in several affairs where they can make out no priviledge nor precedent, yet the immediate defence of the Island oblidges me to condescend to some comply ances, especially where the safety of the Island requires labour and expence. for the very least idle and false report is like to shake their constancy tho' their all is at stake ; and affairs must needs continue unsettled untill some of the chief promoters of the late rebellion have suffered condign punishment and some others of the most guilty and seditious corrected and restrained. It is almost incredible to believe how small a number of white men there are in the island (and in great want of good small arms) which besides the effects of their heats and divisions is very much occasioned by their neglect of having their due proportion of white servants to the number of slaves, and their possessing larger tracts of land than they are perfectly able to improve ; I am very sensible of the unlucky accident which hindered the sending arms, accoutrements and cloaths for H.M. Regiment in these parts, there was about 20 arms taken up for them on the country's account and still 12 or 14 men are unprovided of the 150 serviceable men belonging to the six company s in this Island, the private men suffering extreamly by their being turned out of quarters by every caprice of the Assembly, and no subsistance being remitted from Great Britain. By a Flagg of Truce which I sent with some prisoners and to gain some intelligence, to Martinique I find by publick and private advices that Monsieur du Guay is daily expected with 15 men of warr to attack Barbadoes and that Monsieur Cassaert still intends to try to destroy this and the other Leeward Islands and at present wee guess from our spy boats that he lyes in wait for the Fleet from Barbadoes of which reports I have sent advice to Barbadoes and to desire the Governor would again endeavour to get these six men of warr to our assistance and to joine our convoy of two men of warr to carry both the fleets from Barbadoes and these Islands with the greater safety. I am however in very good hopes these flourishing Colonys will never fall a prey to a barbarous French piraticall warr, and carryed on by the charge of private persons, while we are in daily expectation to have the happy news of a general Peace from Europe, and that if there are but 100 men left in this Island the sovereignty and possession will never be lost to H.M. etc. P.S. Tho' Monsr. Phelypeaux seems to disown his giving assistance or
AMERICA AND WEST INDIES. 35
1712.
encouragement to these robbing private expeditions, yet consider- ing ye manifold inconveniencies (which I have humbly repre- sented to your Lordships on another occasion) and vast charges the cartell with Martinique has cost these Islands, I proposed in Councill to break it, which was opposed by a majority upon our hopes of a speedy Peace. Signed, Walter Douglas. Endorsed, Reed. 29th, Read 31st Oct., 1712. 3 pp. Enclosed,
57. i. Copies of Major Douglas' Proclamations and Orders, upon the occasion of the French invasion of Montserrat, Aug. 1712. Endorsed, Reed. 29th Oct. 1712. 8 pp. 57. ii. Journal of Major Douglas' attempt to relieve Mont- serrat, July 17-Aug. 13, 1712. v. supra. Endorsed as preceding. If pp.
57. iii. Copy of Minutes of Council of Barbados relating to assistance to be sent to the Leeward Islands, July 14, 1712. Same endorsement. 4 pp.
57. iv. Correspondence between Governor Lowther and the Captains of the men of war at Barbados relating to assistance for the Leeward Islands. Aug. 24, 1712. etc. Same endorsement. Copy. 2 pp.
57. v. Letters to Major Douglas from A. Hamilton and Charles Constable, Captains of the Barbados men of war, July 17th and 20th, 1712. Copy. Same endorsement. 2| pp. 57. vi. Two Letters from the Governor and Council of the Leeward Islands to Capt. Constable, requesting him to stay for 15 days with the ships under his command, to protect the Leeward Islands, their preservation being of more importance than the delay of the trade he has to convoy from Barbados, (v. Oct. 10 etc.) Copy. Same endorsement. 2| pp.
57. vii. Edward Parson to Governor Douglas. Aug. 2, 1712. Returns thanks to H. E. for granting him the commission to be Commander in Chief of [Montserrat}, — Continues : — though had rather much had been a commission to be Lt. Governor, because would entitle me to the Queen's pay. I have used all my endeavours hitherto to put our Island in a posture of defence, and mounted some great guns, some whereof are not spiked and those that are have given orders to be drilled and this day am mounting the guards through the Island. I am very sorry to hear that our Island has been misrepresented to your Excy. and that by our Commander in Chief Col. Daly, who ought to have blam'd his own conduct, than found fault with the courage of the men in generall of the Island etc. The Island in generall behaved them- selves very well. Wee always annoyed the enemy in several parties, and whenever I had the honour to command myself or other officers ; I did not find but a very willing forwardness. The enemy were so appre- hensive of us, that wherever 300 men were capable of maintaining a pass against 3000, they never came but always surrounded us by taking distant passes and
36
COLONIAL PAPERS.
1712.
Aug. 25.
Antegoa.
Aug. 26.
Whitehal.
byways, which we could not fortify by reason had not men enough ; which ways moreover we were the more unwilling to fortify, because we thought them unknown to the enemy, but found to the contrary, for our deserters headed their army and carried them through those unknown bypasses. Notwithstanding, when we were forc't to retreat to our last places of defence, we were so resolved to defend it to the last ; that although the French General Cassaert would give us extraordinary articles of capitulation, we answered him we were resolved to maintain H.M. Colony to the last extremity, by which means a few men to the number of 400 have preserved the sovereignty of H.M. Island from a power- full enemy, etc. We want two sheets of lead and five barrills of powder, etc. P.S. If Capt. Marshall's com- pany will be serviceable to you, your Excellency may remove them ; for our people are unwilling to give them quarters, and men can't live upon the air. Signed, Edward Parson. Same endorsement. Copy. 2 pp. [C.O. 152, 9. Nos. 135, 135 i.-vii. ; and (with- out enclosures) 153, 12. pp. 35-40.]
58. Governor Douglas to [? the Earl of Dartmouth.] Duplicate of preceding covering letter. [C.O. 152, 42. No. 88.]
59. Council of Trade and Plantations to the Earl of Dart- mouth. In obedience to H.M. commands of 21st instant, we shal immediately write to all the Governors of the Plantations (v. Aug. 27). Autograph signatures. 1 p. Enclosed,
59. i. Extract of letter from Governor Lord A. Hamilton, giving his reasons why the evidence against Mr. Creagh are not yet sent over, etc. [C.O. 5, 4. Nos. 4, 4 i. ; and (without enclosure) 138, 13. p. 398.]
Aug. 26.
Whitehall.
60. Mr. Popple to Mr. Attorney General. The Council of Trade desire your opinion upon enclosed Act past in Virginia in 1711 to enable John Custis and Frances his wife to sell a mill etc. entailed on the said Frances by the will of Daniel Parke, for payment of his debts, etc. Encloses memorial from Micajah Perry praying that it may be passed. [C.O. 5, 1363. p. 412 ; and 5, 1335. No. 175.]
Aug. 27.
Whitehall.
Aug. 27.
Whitehall.
61 . Council of Trade and Plantations to the Queen. Recom- mend repeal of Act of Barbados enabling the executors of Christo- pher Estwick, etc. (v. April 26.) [C.O. 29, 12. p. 437.]
62. Council of Trade and Plantations to Col. Lloyd, President of the Council of Maryland. H.M. is very much surpriz'd to find that several of her subjects have been lately sent hither in custody from the Plantations, without any evidence of their primes, which as it is a practice very injurious to the particular
AMERICA AND WEST INDIES.
37
1712.
persons who fall under the misfortune, it is likewise very deroga- tory to the honour of H.M. Government ; and therefore we are commanded to signify H.M. pleasure that you do not upon any occasion send any of her subjects hither as prisoners, without good proof first made of the crime, and that proof transmitted along with the prisoner. [C.O. 5, 727. pp. 315, 316.]
Aug. 27.
Whitehall.
63. Similar letters to Lt. Governor Spotswood ; Governor Dudley ; Governor Hunter ; Governor Douglas ; Governor Lowther ; Governor Lord A. Hamilton ; the Lords Proprietors of Carolina; and Lt. Governor Bennett. [C.O. 5, 1363. p. 413 ; and 5, 1335. No. 176 ; 5, 913. p. 379 ; 5, 1123. p. 59 ; 153, 12. pp. 7, 8 ; 29, 12. p. 438 ; 138, 13. p. 399 ; 5, 1292. p. 374 ; and 37, 8. p. 37.]
Aug. 27. 64. Council of Trade and Plantations to the Earl of Dart- Whitehall, mouth. Enclose extract of Governor Hunter's letter of June 23, relating to the conspiracy of negroes at New York. We are of opinion that the Governor had good reason for his granting the reprieve, and humbly offer that H.M. be graciously pleased to grant a pardon to the negro and Spanish Indians. Enclose accounts of stores of war remaining and wanting in the Province of New York. We desire your Lordship will please to lay them before H.M., with our humble opinion, that H.M. be graciously pleased to direct, that a supply of the stores wanting there, be sent by the first opportunity, and the rather for that Col. Hunter informs us, that the war between North Carolina and the Tuscoruro Indians is like to embroil all the Continent, that the five Nations of New York Indians, by the instigation of the French, had threaten'd to joyn with the said Tuscoruro Indians. [C.O. 5, 1123. pp. 57, 58.]
Aug. 27.
Whitehall.
65. Council of Trade and Plantations to the Queen. Quote Governor Hunter's complaints against Wm. Pinhorn, Daniel Cox, Peter Sonmans, and Wm. Hall. Several of the most considerable of the Proprietors of that Province having also attended us with complaints against them, praying that they^ may be removed, we humbly offer that your Majesty dismiss them from the Council of New Jersey, and that John Anderson, William Morris, John Hamilton, and John Beading, recommended to us both by the Governor and the Proprietors, be appointed members thereof. There being besides two vacancies in that Councill, we humbly offer that your Majesty be pleas'd to con- stitute and appoint Elisha Parker, and Thomas Byerly members, they having been also recommended to us by the Governor and Proprietors. [C.O. 5, 995. pp. 163-166.]
Aug. 28. 66. Circular letter from the Earl of Dartmouth to the Gov-
Whitehall. ernors of Plantations. In my letter of the 21st inst. I enclosed
the Queen's Proclamation for observance of the truce H.M. had
38
COLONIAL PAPERS.
1712.
Aug. 28.
Whitehall.
Aug. 29.
Whitehal.
Aug. 29.
Barbado.
concluded with the most Christian King, by the fourth article whereof it is agreed that Spain should be included in that agree- ment ; I am now therefore to repeat to you H.M. commands that you give strict orders throughout all places under your Govern- ment, and notify likewise to the Commanders of H.M. ships or privateers who happen to come into your ports, that all hostilitys are to cease and the subjects of France and Spain not to be molested either in their persons or effects during the term the Treaty is in force, vizt. to the 21st Deer, next, but in regard it does not take place beyond the line till Feb. 21st, it is to enjoy its full effect in those parts till June 21st, 1713. I am farther to acquaint you that H.M. having thought fitt to grant her passes to severall French and Spanish ships, you are to take all imagin- able care, as far as lies in you, that they be respected, H.M. not doubting but those which have been granted to her subjects by the Most Christian King, will be likewise duly observed. [C.O. 324, 32. pp. 173, 174.]
67. Mr. Popple to Coll. Cuninghame. Acknowledges letters of April 30 and July 2. Continues /—The Council of Trade and Plantations have laid your complaint before H.M., and will not omit anything that lys in their power for your releif. [C.O. 153, 12. p. 9.]
68. Lord Bolingbroke to the Council of Trade and Plant- ations. Mr. Prior being ordered by H.M. to continue some time at the Court of France, and having desired that Mr. Drift (v. Jan. 31) may attend him, I hope you will be pleased to dispence with his absence on this occasion. Signed, Bolingbroke. Endorsed,, Reed. Aug. 30, 1712. 1 p. [C.O. 1388, 76. No. 137 ; and 389, 37. p. 50.]
69. Governor Lowther to the Council of Trade and Plant- ations. I am extreamly sorry to acquaint your Lordships yt. Monsieur Cassert landed about 3500 men at Montsieurat on the 8th and 9th of July last, and did carry away about 1200 negroes besides coppers, stills and other valuable things ; his force in shipping as I am informed consisted of one ship of 64 guns, one of 56, one of 54, two of 44, one 38, and one of 28. This great misfortune in my opinion is owing in all probability to the conduct of some of the Commanders of H.M. ships. But in regard those gentlemen do in some measure excuse themselves by endeavouring to asperse and misrepresent that part I have acted in the matter, I therefore hope your Lordships will suffer me to give you a full and faithful! narrative of what concerns me and of what hath come within my knowledge, etc. Ye fleet from London arriv'd in Carlisle Bay June 22nd, under convoy of the Woolwich, Lime and Swallow, and there were then in Carlisle Bay H.M.S. Panther and Burlington. But Mr. Constable and Clark, the Commanders of the said ships did not continue long in the road after the arrival of the London fleet, for instead of staying to protect the fleet, and of fitting
AMERICA AND WEST INDIES. 39
1712.
themselves in order to convoy back the sd. fleet to London, they left the Island without haveing my orders or without giving me any notice of it, and did not return to Barbados till July 14th. On ye 13th of July last between the hours of 9 and 10 in the morn- ing I received a letter by an express boat from the Generall of the Leward Islands, dated the 9th of July, wherein he informed me yt. Antegoa was alarm'd on the 4th of July last by the appearance of a great number of ships from Guardeloope standing for Antegoa, and therefore desired that I would dispatch H.M. ships yt. were here to his assistance. This letter is entered at large in the Minutes of Council herewith sent. Upon the receipt of this letter, I immediatly sent for Capt. Hamilton, Commander of H.M.S. the Woolwich, and communicated to him the said letter, and then gave him orders to gett his own ship, as also those under his command in readiness forthwith, and to make the best of his way to the Island of Antegoa for the releif of that, and the rest of the Leward Islands. I also issued a warrant for the takeing up all deserters, and stragling sailors, to be put on board H.M. ships. I likewise laid an embargo upon all mercht. ships and other vessells. On the 14th of July last Capt. Constable and Clark arriv'd in Carlisle Bay with H.M.S. the Panther and Burlington, and about 10 a'clock in the morning Mr. Constable sent me a letter dated the 14th of July, wherein he informed me yt. on the 2nd of July last, he saw off of Guardeloope 10 ships, and that the Burlington and he chaced them till they found yt. five of them were larger than themselves, and yt. then the French ships chaced for about two hours, and yt. when they left them they saw four more, which the others went in order to joyne ; he adds yt. on Sunday following a ship came directly towards him, wch. he chaced for some time, and then left off ; but the boat happened to break from the stern of that ship wch. he chaced, and ye two persons yt. were in it informed him, yt. the ship they belonged to was the Valuer of 44 guns, as also yt. ye ships he had seen were seaven of them men of war, from 56 to 76 guns. This letter is incerted at large in the Minutes of Council, I there- fore beg leave to refer yr. Lordships to it. Mr. Hamilton was as yet in the road. I therefore immediatly communicated the said letter to him, and desired him to hold a Council of war with the Commanders of H.M. ships upon the advice I had received from General Douglas, and the letter I reced. from Mr. Constable, and to signe their opinions, and to attend me in Council at four a clock in the afternoon being the 14th of July. I also upon the receipt of ye said letter from Mr. Constable caused an alarm to be put about ; I also directed the Council to meet me at 4 a clock in ye afternoon of the same day, and ordered all the Masters of mercht. men to attend me at the same time. There was not a quorum of the Council till it was five a clock, but the Capts. of H.M. ships came to my house about four a clock the said afternoon, and Mr. Hamilton delivered me the opinion of the Councill of war, to wch. I refer, it being entered in the Minutes of Councill : before the Councill sat I had some conversation with the Commanders of H.M. ships concerning ye strength of
40 COLONIAL PAPERS.
1712.
the enemy, and abt. their goeing clown to the relief of the Leeward Islands : upon wch. some Gentlemen very much magnified the enemy's strength, and talked much of the largeness of their ships, and of their being double mann'd : whereupon I told them that when they six were joyned with the four men of war yt. were at Antegoa, they would be strong enough to encounter the enemy ; upon this Capt. Elford asked me if I knew what a seaventy gun ship was, and further said yt. he must tell me yt. one seaventy gun ship was better than two fifty gun ships. Upon this I asked him his reason for asking me that question, to wch. he answered because I had never been much at sea, to this I only replied yt. tho' a man had never been much at sea, yet he might easily know what a 70 gun ship was, whereupon he answered in a very disdainfull manner, yt. he knew what he said, for he was only talking to the Governor of Barbados ; as he was proceeding in this kind of rude discourse yt. was nothing to the purpose, I bid him hold his tongue, and some smal time after I went into another room to discourse with some gentlemen I had sent for : whereupon Capt. Constable, Clarke and Elford went their ways without takeing any further notice of me, or staying to consult with the Councill and myself upon the relief of the Leward Islands. A quorum of the Council met according to summons abt. 5 a clock in the afternoon, and after I had acquainted them with the cause of their being summoned, I laid before them Generall Douglas's letter, Mr. Constable's letter, as likewise the opinion of the Council of war, etc. I also laid before the Council a letter I received from Generall Douglas at 4 a clock this afternoon (by a second advice boat) dated July 9th, 1712. Hereupon it was the unanimous opinion of the board yt. all H.M. ships now in Carlisle Bay should forthwith go down to the relief of the Leeward Islands ; after the Board had come to this resolution the Captains were desired to come into the Council Chamber, but none appeared but Capt. Hamilton, Gunman and Drake. I acquainted them with the Board's opinion, and then Mr. Hamilton laid before the Board a letter he had received from Mr. Constable dated July 14, 1712, wch. was read, and ordered to be entred in the Minutes of Council, after wch. Mr. Hamilton, Gunman, and Drake declared yt. it was their opinion if the six men of war here should joyne those at Antegoa with the addition of 400 seamen, they might divert the enemy, if not do better service ; but that their three ships alone could not possibly do any good, but would be made a sacrifice : after this declaration they withdrew, and then I ordered all the masters of the mercht. men to be called in, and I informed them of the French's attacking Montsieurat, and wt. danger H.M. Leward Islands were in, and yt. it was the opinion of the Board, yt. all H.M. ships now in Carlisle Bay should go to the releif of the Leward Islands, and I desired yt. they would lend the said men of warr 400 seamen out of the 632 yt. were on board their ships ; but most of them refused to lend any of their men ; only Mr. Gill, commander of the John galley, and Capt. John Wilkinson, commander of the ship Sea-nymph offered to lend their ships for the service. When the Captains of the
AMERICA AND WEST INDIES. 41
1712.
mercht. men were withdrawn, I told the Council I would go down in person to the assistance of ye Leward Islands, if I could gett a sufficient number of the gentlemen and inhabitants of this Island to attend me, and for that end I had caused an alarm to be put about the sooner to know the inclinations of the people touching this proposition, after this I ordered the several aide-de- campes to be called in, and ordered them to repair forthwith to the severall forts where the forces were mett, and to acquaint them yt. H.M. Leward Islands were attacked by the French, and yt. unless they had speedy releif, they would be utterly ruined, and that therefore I would go in person agt. the enemy provided I could get a sufficient number of the gentlemen and other inhabitants of this Island to go with me, and yt. for this reason I had ordered an alarm to be put about this day, in order to communicate this matter to them, and to require their assist- ance, and yt. if any of them were inclinable to attend me, I should take it as a great favour, and that they must be ready by twelve a clock to-morrow in the forenoon at Needham's Fort, in order to embarque on board the six men of war in this road, and the two mercht. ships ; after the several aide-de-campes were charged with these orders Capt. Hamilton was called into the Council Chamber, and I communicated to him my intentions of going to the Leward Islands, and acquainted him with the orders I had given the aid-de-campes, whereupon he told me he had no room to accomo'date any such persons, for yt. his ship was very much pestered ; I was therefore (upon this and the reluctancy the other Commanders of H.M. ships had shewen) obliged to recall the orders I had given the aid-de-campes and to content myself at that time with directing the Provost-Marshall to go early the next morning on board the severall mercht. ships and vessells and to desire the severall commanders thereof to give him in a list of what men they could spare, yt. he might carry the same to Capt. Hamilton to make a distribucon thereof on board the severall men of war ; I likewise sent my Secretary Mr. Upton upon the same errand, and gave out warrts. to take up all stragling seamen ; I also laid another embargo upon shipping. This was ye utmost I could possibly do, since I had no power to press seamen out of the mercht. ships ; therefore on July 15th at 12 a clock at noon, I sent my Secretary with orders to Capt. Hamilton to gett his own ship, and all H.M. ships of war then rideing at anchor in Carlisle Bay forthwith in readiness to saile, and to proceed with all speed to ye Island of Antegoa, and there to joyne with H.M. ships of war attending yt. Govermt., and to do all they could to protect those Islands and destroy the enemy, and yt. after he apprehended those Islands were out of danger, then to return to Carlisle Bay and to lay before me a journal! of his proceedings ; I likewise directed him to give Capt. Constable a copy of those orders (entered in Minutes of Council). After Mr. Hamilton had received these orders, he putt on an air of alacrity of going to the assistance of the Leward Islands, but at the same time pretended he could not tell what measures to take till he knew whether I could supply H.M. ships with 400
42 COLONIAL PAPERS.
1712.
seamen, hereby he would not only have suggested yt. he was ignorant of wt. power I had, but also of the endeavours I had used to procure the said men ; as to the first of these I informed him but the Sunday before yt. I had no power to press seamen out of the merchts'. ships, as to the other part my actions were so publick yt. none in the Island was ignorant of them, another pertence of delay was that he wanted powder, arms and ammuni- tion, but did not inform me wt. quantity he wanted. In answer to this I gave him to understand yt. he should be forthwith supplied with any stores he wanted so soon as I knew what quantity of each species he stood in need of, upon this he made a demand of fusees, swords, powder, smal shot etc. and I immedi- ately gave Col. Lasley the store-keeper an order to supply him with the said arms, and stores. Col. Lasley immediately got the same ready, and sent Mr. Hamilton word thereof who returned answer yt. he would forthwith come and fetch them, but instead thereof caused him to waite a whole day, and made him beleive to the very last that he would have them (deposition enclosed). On the 17th of July the Panther, Burlington, Experiment, Wool- wich, Swallow and Lyme took their departure from hence and came to an anchor off of St. Johns Harbour on the 20th July in the evening. On the 19th of July the enemy left Montsieurat, and went all to an anchor at Guardeloope. I now beg leave to remark that after the London fleet arrived in Carlisle Bay, it was no longer under the care of Mr. Hamilton, who brought it hither ; but committed to the care and protection of Mr. Con- stable, who was to reconvoy it to London, and yt. he ought not to have exposed the fleet to the least hazard, or insults of an enemy, by leaving it, nor have run the risque of disabling the Queen's ships by ill weather, or any other accident, or of putting them in any danger of being taken by the enemy, without the Queen's service did absolutely require it. Now tho' no misfortune befell the fleet during the absence of Mr. Constable, and Clerk, and tho' they met with no storms or ill weather to disable the Queen's ships and tho' they had extraordinary good fortune to escape being taken by the enemy yet the misfortune yt. befell Montseiurat had been prevented if Mr. Constable and Clark had continued with the fleet at Barbados and had lost no time in fitting themselves with all necessaries for their voiage to great Brittain according to the instructions they received from the Lords of the Admiralty, for then all the six men of war might have gone from hence on the 13th of July, but they did not go till the 17th, by reason neither Mr. Constable, Clark or Elford were ready and therefor those pertences were made use of to delay ye time yt. I have already related, whereas if they had gone from hence the 13th, they had prevented in all probabilyty the misfortune that hath befell that unhappy Island, because the French did not go from Montsieurat till the 19th of July. How Mr. Constable and Hamilton behaved when they ariv'd, and continued at Antegoa, I beg leave to refer yr. Lordships to the accounts wch. Generall Douglas, and the other gentlemen there will give you : But I think it incumbent upon me to inform your
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Lordships, that Capt. Constable, Clark and Elford with H.M. ships under their commands, arrived here in Carlisle Bay the 3rd of Aug. last from Antegoa and yt. Mr. Constable writ me a letter dated Aug. 3rd, and ye chief reason he gave me for leaving Antegoa was yt. the Queen's ships he left there were capable to prevent any further designes the enemy might have upon the Leeward Islands : after I had read this letter (entered in Minutes of Council] I commanded one of my serts. to bid the person who brought it to acquaint Mr. Constable, that I should be glad to see him in order to discourse him upon the subject matter of his letter, but Mr. Constable did not think fitt to come to me or to take any further notice of it. On Aug. 7th, Capt. Hamilton, Gunman and Drake with H.M. ships under their commands did also arrive in Carlisle Bay from Antegoa, and on ye 8th Mr. Hamilton paid me a visit and informed me amongst other things yt. ye reason why he loft Antegoa was because the enemy were so superior to him, and ye rest of H.M. ships Mr. Constable had left at Antegoa, that they could neither encounter them nor prevent any attempt the enemy might make upon any of H.M. Leward Islands, being the enemy con- sisted of one ship of 64 guns, one of 56, one of 54, two of 44, one of 38 and one of 28. Mr. Slingsby, H.M. Attorney Generall and Mr. Upton were with me when Mr. Hamilton gave me this and some other informations, and they have given their depositions of it, wch. are also entered at large in the Councill Books, etc. So soon as Mr. Hamilton had left me I writt a letter to Mr. Constable dated Aug. 8, and did not only inform him of the reasons Mr. Hamilton had given me for his leaving of Antegoa, but did represent the danger H.M. Leward Islands were in, and did also tell him, that if Mr. Hamilton's information were true, yt. then nothing could prevent the loss and ruin of the Leward Islands, but a conjunction of all H.M. ships both here and at Antegoa, and yt. therefore I thought it absolutely necessary for H.M. service, and the preservation of those Islands, yt. all H.M. ships here should forthwith joyne those at Antegoa, and yt. after they were so united yt. they should continue together till the storm wch. so much threatned H.M. subjects was blown over. Mr. Upton delivered this letter to Mr. Constable on Aug. 8th, and I desired him to return an answer by him, but he bid the said Upton tell me yt. he would neither answer my letter nor would he go to the Leward Islands (letter and depositions entered in the Councill Books). Besides this, Mr. Hamilton informed me yt. there was a report yt. Monsieur de Guy was arrived from France at Martinique with five ships of war, and yt. they had some land forces on board ; I therefore thought it absolutely necessary after Mr. Constable had refused to joyne H.M. ships at Leward to give Mr. Hamilton orders to cruise abt. this Island with the ships under his command to prevent any sudden surprise of this Island ; these orders are dated Aug. 9th, and are entered at large in the Council Books, and Mr. Upton delivered these orders to Mr. Hamilton ; upon wch. he told ye said Upton yt. he had as good a Governmt. as I had, and yt. he would not
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change with me, and as to those orders he did not look upon them as any orders at all, and would take no notice of them. Mr. Upton delivering me this message from Mr. Hamilton, and finding yt. no assistance was to be expected from the ships of war, I thought it absolutely necessary for the defence and security of this Island, to bring down some of the Militia to guard the severall forts, and batterys of this Island, and on the 13th of Aug. I required the Council to give me their opinion, whether it was not adviseable, considering the present posture of affairs (and yt. ye mattrosses did not do their dutys at the severall forts and batterys as they ought to do) yt. ye Militia should be continued to guard ye same, till we should receive some intelligence of the enemy's designes and what was become of them. Whereupon Mr. Pilgrim, Hallet. Frere, Barwick, and Maxwell were of opinion yt. ye Militia should be continued ; but Mr. Walker, Alleyne, Beresford and Salter, were of a contrary opinion, notwithstanding wch. I gave orders for the Militia to continue. On the 21st Aug. about 11 a'clock at night I received a letter (entered in Council Book) by an express from ye General of the Leward Islands, dated 13th Aug., wherein he informed me yt. on the 12th and 13th Aug. their spy-boats had discovered the motions of the enemy, and from thence he did conclude yt. the enemy would attack them very suddenly, if not within the space of six hours, and therefore desired yt. I would send all H.M. ships here to his assistance. I immediately dispatched one William Tonstall a servt. of mine to Mr. Upton my Secretary with orders to waite upon Mr. Hamilton, and to acquaint him with the advice I had received from Generall Douglass, and to desire him to attend me immediately upon it at my house ; but the said Hamilton sent me word by Mr. Upton yt. he would not come yt. night, but yt. he would in the morning, and yt. his ship, and the others under his command were ready, and yt. he had no excuse but could sail about eight or nine a clock in the morning ; he said a good deal more as appears by Mr. Tonstall's deposition entered in ye Minutes of Council. On Aug. 22 between 7 and 8 a clock in ye morning I ordered Mr. Grace the Provost Marshall to go to Capt. Hamilton and Capt. Constable, and to acquaint them yt. I had received last night an express from General Douglas, yt. he was in dayly apprehensions of being attacqued by a very considerable French force, and intreated the assistance of all H.M. ships here, and yt. therefore I desired them to meet me in Councill with the Capts. under their commands at 12 a clock, to consult wt. was proper to be done for H.M. service, and ye protection of the Leward Islands, Mr. Hamilton bid the said Grace tell me yt. he would waite upon me if he could get convenience by coach, or horses for himself, and ye Captains under his command. But Mr. Constable bid the said Grace tell me yt. ye last time he with the Capts. under his command attended me on the like occasion, I used them so ill, yt. they thought they had no further business with me, and further yt. he was preparing every thing to go to England with the Fleet, who ought to have sailed this day ; but upon the petition of severall merchants and ye masters
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of ships yt. he would stay four days longer, he had granted their petition for two days, and yt. on Sunday he would accord- ingly sail ; the ill usuage yt. Mr. Constable hints at was my bidding Mr. Elford hold his tongue ; but haveing already faith- fully recited yt. matter I shall not here trouble yr. Lordships with a repetition of it. I summoned the Council to meet on the 22nd of Augt. at 12 a clock in the morning, and a little after 12 I sent ye Provost Marshall to the Council Chamber to see whether there was a quorum of the Council, and ye said Provost Marshal brought me word yt. there was not, but yt. Mr. Hamilton and the two Capts. under his command had been there, and ordered him to acquaint me yt. they would go to dinner, and return again abt. three a clock ; abt. half an hour after two a quorum of the gentlemen of the Council mett, and I communicated to them Generall Douglas's letter, and examined upon oath Capt. John Green, Commander of the sloop William, and William Vanhurst, lately Commander of the sloop Rochell, what they knew concerning the enemy's strength, and of their designes (entered in the Council Book). The Board and I were unanimously of opinion yt. it was highly necessary for H.M. service, and the preservation of the Leward Islands, yt. all the men of war here should forth- with joyne those at Antegoa : after this I read to the Board some paragraphs out of Capt. Hamilton's letter of Aug. 13th, and then made some remarks upon them, all wch. is entered in the Council Books. About 5 a clock in the afternoon Mr. Hamilton, Constable a.nd all the other Capts. came to the House where the Councill and I were sitting ; but we being then very busy they were not imediately called in, but so soon as the said business was over, I enquired where the said Capts. were, and John Newland and Pat. Beacham deposed yt. they staid abt. 12 minutes, and then went away damning the Council and me. Refers to their depositions. About two hours after Mr. Hamilton and Constable had left the House where the Councill and I were sitting they sent the Councill, and me a letter, Aug. 22, wch. is entered in the Councill Books, wherein they sett forth yt. they and the other Commanders of H.M. ships upon my request by the Provost Marshall readily repaired to the Council Chamber at the hour appointed, and after staying a hour they at last saw the Provost Marshall, and desired him to acquaint me yt. they had stayed there so long in vain ; but that they would be at Councill between the hours of 3 and 4 in the afternoon, and they assert yt. they came up again between the hours of 3 and 4 in the afternoon, and staid there half an hour, without so much as gentlemanlike usage, and therefore they thought themselves in honour obliged to resent it by returning to their dutys. In the first place I crave leave to take notice, yt. neither Mr. Constable, Clark, nor Elford were with Mr. Hamilton, Gunman and Drake at the House where the Council meets at 12 a clock, as they assert, nor did any of those three gent, at that time speak with the Provost Marshall as Mr. Constable alleadges. It is true I summoned the Council to meet at 12 a clock, and yt. they did not meet before half an hour after two, but that is not to be wondered at considering
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the great distance yt. some of them lives at, and the shortnes of the notice they had, wch. was however the soonest yt. could be given them upon that occasion, for I summoned them upon an express T had received from Generall Douglas on 21st Aug. between 10 and 11 at night, and the summons ran to meet me at twelve a clock at noon the next day, and this I did because the matter was of great importance, and required dispatch : as to Mr. Constable's and Hamilton's asserting yt. they stayed near half a hour, I was informed in Council (as appears by the Minutes) yt. they only staid 12 minutes. Mr. Hamilton in his letter of Aug. 13th, haveing desired a copy of what was then entered in the Council Books in relation to him, I not only ordered yt. he should have a copy of those Minutes, but that the Clerk of the Councill should forthwith (after the Council was adjourned) waite on Capt. Hamilton, and Constable, and read to them the Minutes of Aug. 22, as also the letters, and advices I had received from the Generall of the Leeward Islands, a little while after the Councill broke up, I sent Mr. Hamilton orders dated Aug. 22 at nine a clock at night, to gett his own ship, and all H.M. ships then rideing at anchor in Carlisle Bay forthwith in readyness, and immediately to saile to Antegoa, and if possible to joyne with H.M. ships there, and to do all he could to protect the Leward Islands and destroy the enemy, and to return to Carlisle Bay so soon as he apprehended those Islands were out of danger. On Aug. 23, the Councill mett again, and Mr. Barren informed us yt. he had waited on Mr. Hamilton and Constable and read to them the Minutes of Councill of Aug. 22, etc. and deposed that Mr. Hamilton said yt. if he had me on board he would keele haul me, and that he called me a son of a whore, rascall, villain, and rogue (deposition enclosed). I was advised by several to resent this barbarous and vile usage in the manner it deserved, and to have immediately taken up Mr. Hamilton for it, but I did not think fitt at that time to follow their advice, least the Capts. of the Queen's ships (who had already shewed too great a reluctancy and had made soe many frivolous delays in goeing to the assist- ance of H.M. distressed subjects,) should even make that a per- tence of not goeing to the relief of the Leward Islands, wch. were then in such eminent danger. On Aug. 24, Mr. William Walker, and Major Cogan delivered me a letter abt. 2 a clock in the afternoon signed by the Commanders of H.M. ships here ; wherein they sett forth yt. they had come to an unanimous resolu- tion to proceed to Leward. to gain further intelligence of the enemy's motions ; but that they wanted ten barrells of powder, and near 300 effective men to proceed on that service ; they also desired two sloops to gain intelligence yt. they might not seperate their present strength, for yt. the enemy was too strong for them till they were joyned with the ships to Leward, and then add yt. nothing would contribute more to H.M. service, than my comeing to a speedy resolution to exert my power in granting their request, hereby they would excuse their not goeing to the assistance of the Leward Islands> on ye