*u IMAGE EVALUATION TEST TARGET (MT-3) ^^ // // »*'A J i.O 1.1 ^1^ US 1^2 lit lU &£ 11° IL25 iu III 1.6 f," ^ o Fhotographic Sdences Corporation 23 WIST MAIN STl.ili: * WEBSTIR.N.Y. I4SM (716) •72-4903 '^ 4^^ l/u CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Instituta for Historical IMicroraproductions / Institut Canadian da microraproductions historiquas > i Tuchnical and Bibliographic Notaa/Notas tachniquaa at bibiiographiquaa Tha Instituta has attamptad to obtain tha bast original copy avaiiabia for filming. Faaturas of this copy which may ba bibliographically uniqua, which may altar any of tha imagaa in tha raproduction. or which may significantly changa tha usual mathod of filming, ara chackad balow. D D Colourad covars/ Couvartura da coulaur I I Covers damagad/ Couvartura andommagia □ Covers restored and/or laminated/ Couvcrture restaur^ et/ou pellicuide □ Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cartes g^ographiques en coulaur □ Colourad Ink (i.e. other than blue or black)/ Encra da couleuf {i.e. autre qua blaue ou noire) □ Coloured plates and/or illustrations/ Planches et/ou illustrations an couleur r~71 Bound with other material/ In/ I Ralii avec d'autras documents Tight binding may causa shadows or distortion along interior margin/ La re liura serr6e peut causer de I'ombre ou de la distortion le long de la marge intArieure D Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certainas pages blanches ajoutias lors d'une restauration apparaissent dans la taxta. mais, lorsqua cela 6tait possible, ces pages n'ont pas 6t^ filmias. Additional comments:/ Commentaires suppl^mentairas: Tl to L'Institut a microfilm* la mailleur exemplaira qu'il lui a 6tA poasibia da sa procurer. Lea details da cat axamplaira qui sont paut-Atra uniques du point da vua bibliographiqua, qui peuvent modifier urie image raproduite. ou qui peuvent exigar una modification dans la mithoda normala de filmaga sont indiquAs ci-dessous. I I Coloured pages/ D Pages da coulaur Pages damaged/ Pages endommag^as Pages restored and/o( Pages restaur^es et/ou peliicuiies Pages discoloured, stained or foxei Pages dicoior^es, tachaties ou piquAes Pages detached/ Pages d6tach6es Showthrough/ Transparence Quality of prir Qualit^ inigale de I'impression Includes supplementary matarii Comprend du material suppMmentaire Only edition available/ Seule Mition disponible I — I Pages damaged/ I — I Pages restored and/or laminated/ r~7l Pages discoloured, stained or foxed/ I I Pages detached/ r~7| Showthrough/ Fyl Quality of print varies/ I I Includes supplementary material/ I — I Only edition available/ Tl P< o1 fil O b( til ai ol fil si Ol Tl si Tl w M di ai b( ril re m Pages wholly or partially obscured by errata slips, tissues, etc., have been ref limed to ensure the best possible image/ Les pages totalament ou partiellement obscurcies par un fauillet d'errata, una pelure, etc., ont it6 filmies A nouveau de fapon d obtenir la maiileure image possible. This item is filmed at the reduction ratio checked below/ Ce document est fiimi au taux de reduction indiqu* ci-dassous. 10X 14X 18X 22X 12X 16X 2DX 2SX 30X 24X 28X 32X Is LI lfi«r ige The copy filmad h«r« htm bean raproducad thanks to tha ganarosity of: Library of tha Public Archivas of Canada Tha inr.AvM appaaring hara ara tha bast quality possil/ia considaring tha condition and lagibillty of tha original copy and in kaaping with tha filming contract spaeifications. Original copias in printad papar covars ara filmad beginning with tha front covar and anding on tha last paga with a printad or illuatratad impras- sion, or tha back covar whan appropriate. Ail othar original copias ara filmad beginning on the first page with a printad or illuatratad impraa- sion, and anding on tha last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — ^> (meaning "CON- TINUED"), or the symbol y (meaning "END"), whichever applies. L'exemplaira filmA f ut reproduit grAce A la gAn^roait* da: La bibliothAque des Archives pubiiques du Canada Las images suivantes ont AtA reproduites avac la plus grand soin, compta tenu de la condition at da la nattet* de l'exemplaira film6, at en conformity avac las conditions du contrat da filmage. Las exemplairas originaux dont la couverture en papier est imprimte sont filmte en commen^ant par la premier plat at en terminant soit par la darnlAre paga qui comporte une empreinte d'iinpreasion ou d'iliustration, soit par la second plat, salon le cas. Tous las autras exemplairas originaux sont filmte en commenpant par la pramlAre paga qui comporte une empreinte d'impression ou d'iliustration at en terminant par ia darnlAre page qui comporte une telle empreinte. Un dee symbolas suivants apparaTtra sur la darnlAre image de cheque microfiche, selon ie cas: la symboia ^»> signifie "A SUIVRl!", le symbols V signifie "FIN". IVIaps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames ea required. The following diagrams illustrate the method: Les cartas, planches, tableaux, etc., peuvent Atre filmte A des taux de reduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est filmA A partir da I'angle supArieur gauche, de gauche A droite, et de haut en Ims, an prenant la nombre d'imap as nAcassaira. Les diagrammes suivants iiiustrent la mAthode. ita lure, : 2X 1 2 3 1 2 3 4 5 6 Mi s ;% Mifcellaneous Effay ^ Concerning the Courfes purfued by GREAT BRITAIN In the Affairs of her COLONIES: ^m'' With fome OBSERVATIONS on the Great Importance of our Settlements in AMERICA, and' The TRADE thereof. LONDON: Printed for R. Baldwin, in Pater-Nofier-Row. MDCCLV. [Price Eighteen Pence.] I i ' ) \'jon Jtmmt- ..Ji.V-4^'' TO THE r-Sf; , READER. <;' THE firft Settlement of moft of our Coloniec in y4me~ rica was made by private Ad* venturers, who, finding their Un- dertakings too expenfive and un- wieldy, abandoned or dropt the fame ; and fo moft of them re- verted back again into the Hands of the Crown. 21 mcirii The laudable Genius of our Mer- chants, in generoufly encourag- •^*# B IDi f 2 ) ing new Settlers and Settlements, in fupplying them with all Necef- faries, and, at their own Rifque, introducing Trade and Commerce amongft them, were other great Megins, and very efFedlual in ex- tending the Settlement of the faid Colonies. J ;;/h;-. ;? -r- ^ The unhappy Divifions, both in Religion and Politicks, which fublifted in the Reigns of King Charles the Firft and Second, have been another Caufe of the Increafe of our Settlements j but there is ftill another Caufe,_ which has greatly contributed thereto, namely, the fevere Peirfecution of the Proteftants in fomc Provinces .1 M am ft- lents, fecef* fque, nerce great ti ex- efaid both V'hich King :ond, f the but 'hich reto, m of incest ( 3 ) pf Germany^ efpeeially the Palati- nate and Biflioprick of Saltjburghy which Perfecution forced a vaft Nymber of Proteftants to aban- don their native Countries, and afterwards embark for Ameri- ca. But as many Ads of Fraud and Oppreffion have beea com- mitted in thofe Colonies which aye more immediately dependant on the Crown, in the Manner :of iffuing Warrants and jC"*. .i V' •<> This int Re- in the ;s, and >n Mili- prefent lave be- for the Jonies; of the might Imes as >rted to blifhirife )er Re- ve coft le Pub- •JOi; ^ r> '\ This ( 7 1 M •■.'r,< f^'i\» This was a very &vourablc Opportunityj and a happy Event, which no Nation, except England^ ever met with, in having the Power to raife a great and power- ful Empire in America^ without draining the Country of its ufeful SubjedSft fiOil t ' **> -i ^^f" . '^^ ^fj • ,f •) ') jjAnd the Difpofition of the Indiati Nations, or Tribes of IndianSy would likewife have fa- voured our Views and Defigns in ^ this Particular ; for had we im- proved the Advantage offered to us, and ereded Forts for the Se- curity of our friendly Indians^ and for the Enlargement of our ;' i J/ .oikf • , ■ ' ' Trade ( M Trade with them, particularly near to the Five Indian Nations, to the Upper Cherokees^ and to the Creek Indian Settlements, wc muft at all Times have had it in our Power to protect our Trade with the Indian Nations, and in a great Meafure fecured our Fron- tier Settlements from any In- croachments of the French^ or their friendly Indians, However, thefe and many other Miftakes we have fallen into, arife from the Want of a regular invariable Plan of ading in our American . Concerns, and from the Want of ' a proper Syftem in the Offices in America^ and alfo from our not having any Fund particularly ap- • ji^ plicable Vv % % W icularly Nations, and to nts, wc id it in • Trade and in r Fron- tiy In- Khy or )wever, fiftakes - from variable nertcan IdiXxX. of Rces in >ur not riy ap- licable i . ( 9 ) plicable or appropriated to the Ufes of our Colonies, in Refptd to which there is the moft urgent, moftpreffingNeceflity to take the faid Matters into Confideration ; and, as humbly conceived, the Aid of the Legiflature will be further neceffary, to carry thofe Matters into Execution, fo as to have their defired EfFeca. Thefe are the Motives which have induced me humbly to of- fer my Thoughts to the PuUick on this Subjecft : But, as in treating of the Offices many Perfons" are apt to put wrong Conftrud-icns, and not only fo, but to apply what is faid of the Offices to €«' . c . thofe ( lO ) thofe who prefide in them, I take this Opportunity moft folemnly to declare, That in the whole Courfe of the following Effay, I have not written any Thing with the leaft View or Intention to refled: on thofe who prefide in the great Offices; but, on the contrary, my principal Aim and Intention is to fhew that in all well-regu- lated Governments there ought to be fixt and certain Meafures which are not to be departed from, and that the Order and Subferviency of the Parts of all lefler Syftems ought to concur to the Good of the general Syftem, or elfe every Thing muft run in- to Anarchy and Confufion. ,^ Thofe (" ) I take nly to Hourfe have h the refledl I great itrary, ention -regii- ought afures arted and f all ur to ftem, in in- 'hofc .t: I Thofe who prefide in the great Offices may, in fome Degree, be compared to the Commander of a Ship of War, who, altho' pof- feffed of all the Qualifications neceffary for the King's Service, [ yet may be fo circumftanced, ;^from the Defcds or ill Qualities vof his Ship, as not to be able to carry Sail when a Storm arifes upon a Lee Shore, or to proteft his Ship from finking, by the Defedls or Rottennefs, which, Ithro' Time, have crept into the Bottom. In like Manner, even great and I good Men are often fiibjedt to C 2 Surprife, I'l I i 1 1 V ( 12 ) Surpife, when the Offices are not fo formed, as to open every Mat- ter of Confequence to their View: From which Caufe, they are fre- quently under a Neceflity of re- gulating their Condudt by private and often partial Informations. r ' ' ' ' . I therefore humbly hope, that the Freedom with which I treat this Subjed will not be imputed to me as a Crime, and that the Publick will give all due Atten- tion to fuch Matters as may be thought worthy of their Conii- deration, :;^.i, A, N .1 -*,■ if -.v.- /. ( 13 J are not ry Mat- r View: are fre- of re- private ions. v-:ii% rj'i Tj^ ■ i ' ■ 4 t,'""^ ~ A N E S S A y )e, that I treat mputed hat the Atten- may be Confi- O N OUR A N I !f ..,> Courfe of Proceeding in theAflfaira of our Coi^ONIES, ^c^ . V ^-t THE Conftitutions of this Kingdom and of France do (very much to our Advantage and Happinefs) differ in many Refpeds, more elpecially with Regard to the Security of our Live^v II ! 1,1 i ; I ' i- I ( Ul Lives and private Properties; but yet, in the Conftitution of the French Offices, particularly as the fame relate to America^ there is a Spirit of Liberty runs through the whole of them, and they are fo excellently well contrived and calculated for the Improvement of their Trade, and Enlargement of their diftant Colonies and Pof- feffions, that an Improvement (althb' from a foreign Stock) may l)e very properly engrafted into our Syftem ; nor is there any great Difficulty in fo doing, as the Regulations they have made are no more the natural Refult of their Conftitution, than of ours ; and altho' fome fmall Alterations , />;.: may may be neceffary, the principal Objed:inView is, fo to regulate our Offices in America^ as to have a mutual Relation or Dependance upon the general Syftem, or Plan of Government eftabliflied here ; and the Want of attending to this in the firft Model or Frame of Government eftabliflied in our Colonies, has been one great Means or Caufe of the many Dif- putes which have arifen in the Colonies, and of the Incroach- ments which have been often made on the Prerogative of the Crown, and alfo in many Re- fpeds upon the Rights and Pro- perties of the Subjed. ^ ,j \ The I'.'!' ^■!!'! i! 1 ! ( i6) (■v.: '■: r. The .'^warrantable Cbnftruc- tions which fome of the Colonies have put on the Charters granted them by the Crown, are altoge- ther inconfiftcnt with that Depen* dance which they owe to their Mother-Country; for although the faid Charters intitle them to make Bye-Laws, for the better ordering their own Domeftiq Af- fairs, yet they do not, nor cannot, intitle them to make Laws which may have a general Effed, either in obftruding the Trade of this Kingdom, or in laying Reftraints and Difficulties on the neighbour- ing Colonies : For as their Power in a Legiflative Capacity doth r-." ' originally w I mftfuc- )olonies granted altoge- Depen- o their [though :hem to : better ftic Af- cannot, s which , either of this eftraints yhbour- r Power y doth iginally originally flow from the Crown, under certain Limitations and Reftridlions, particularly in not pafUng any Laws but fuch as are confiftent with the Conftitiition and Laws of this Kingdom, {o the Fitnefs and Expediency of fuch Laws are only cognizable and determinable by his Majefty or by the Legiflature in this King- dom, as it is conceived that they cannot be proper Judges in their own Cafe ; yet to fuch Excefs have they proceeded in fome of the Charter Governments, namely, in Rbode IJland and ConneEiicut^ as to enadt Laws that no Law fhall take Effed in their Colonies, un- lefs it is firfl authenticated or -" D enacfted '] I i i i ( I« ) cnadled Into a Law by them ; and fomc of them have made them- felves Judges of the Fitnefs and Expediency of their own Laws, by not tranfmitting them to the proper Boards at Home, , The faid Colonies ought to meet with all proper Encourage- ment, and to have their Rights and Properties entirely preferved to them ; but then it is to be confidered, that there is a pub- lick as well as private Liberty, that all Advantages arifing from the Colonies to this Kingdom principally confift in their mutual Relation and Dependance, and that their feparate Interefts would clafli n; and : them- efs and Laws, to the ight to ourage- Rights referved J to be a pub- iberty, y from ngdom mutual te, and would clafh ' ( ^9 ) clafli one with the other, provided they were permitted to exercife any Power which may be contra- ' ry to the true Intereft of their Mother-Country, or of his Ma- , jefty's other Colonies dependant I thereon. .ft* i And as it relates to thofe Co- lonies who are more immediately dependant on the Crown, his ': Majefty's Orders or Inftrudions are intended as the fole Guide and Meafure of the Governor's Condudb, and ought not to be in the leaft departed from. But Experience hath fhewn, and the very Nature of the Thing fup- pofes it, that where there are no D 2 Penalties ( 20 Pcniikics iiiflidcd on Breach oFliis Mttjcfty's Orders and Inftrudions, the End of Government in diflant Colonics cannot be attained ; for iinlefs there be fome certain Rules cftablifhed whereby every Thing done in Behalf of the Crown, or of the Publick, may be de- pended upon, and that thofe ia OxKce have it not in their Power, under various and colourable Pre- tences,. to take fuch Meafures as to render every Thing done by them precarious and uncertain, it muft, from the very Nature of the Thing, open a Door to many Incroachments upon the Crown, and Ads of Oppteflion upon the Subjed. lIi of his udionsj diftant cd ; for in Rules f Thing Crown, be de- thofe in Power, ble Pre- ifures as done by icertain, ature of :o many Crown, pon the ( " ) If the Inftrudions of the Crown be fuch, that the Nature, Change, or prefcnt Circumftances of Af-^ fairs in the faid Colonies put the Governors under any Neceflity of varying from the faidlnftrudtigns, that is a goodRcafon why the faid Governors fliould reprefent their Difficulties in a proper Manner to the Crown, and humbly propofe the Remedy, and fuch further Di- redlions as the Nature of the Cafe or Emergency of the Affair may require ; but the faid Governors ought not, in any Event whatlb- ever, to depar': from the Royal Orders and Inftruftions of the Crown, as the Delay which may be thereby oecafiioned cannot be put .11 ( 22 ) put in Competition with the Train of evil Confequences and bad EfFeds, which muft natural- ly or confequentially arife from the breaking in upon thofe Guards and Provifions which the Crown has wifely conftituted fo the Safe- ty of the Subjeds, and good Go-^ vernment of the faid Colonies. ' '4: •^Colourable Pretences and Pleas of Neceffity are never wanting, particularly at fo great a Diftance^ to palliate or conceal the moft cruel Ads of Violence and Ra- pine, which can only be prevent- ed by preferving one regular uni- form Courfe of ading thro' all the Offices in America^ and alfo ■^m- ■ , , ■;' :• by :iil' (23) by an invariable eftabliflied Rule of ading in our Council or Board of Trade, as Informations in any- other Shape cannot be relied upon. And therefore, as Is humbly conceived, it may be of great Ufe to the Publick to take a View of the ufual Courfe of Proceeding in Committees of Council, be- fore the conftituting of a Council or Board of Trade in 1696, and of feveral other Regulations with refpedt to our Colonies. In 1 666 King Charles the Second paft an Order for eftabUfli- ing a future Regulation of Com- mittees I' I 1 ^If iilli: ( 24) : mittees of his Privy Council, and, amongft the reft, aGommittee for the Bufinefs of Trade, under whofe Confideration was to come whatfoever concerned his Ma- jcfty's foreign Plantations, and alfo wh^t rekted to his Kingdoms of 'Scotland or Irdand^ in fudh Mat- ters only relating to either of thofe Kingdoms as properly be- longed to the Cognizance of the ' Council Board ; the Ifles of Guern- ^fey and jferfey : which was to eon- ^ fift of the Lord Privy Seal, Duke of Bucksy &c. I 4 And, for the better carrying on the Bufinefs of the faid Com- mittees, and of the feveral other Com- icll, atidj nittee fdr , under to come his Ma- , andalfo [doms of iidh Mat- sither of perly be- p of the if Guern- LS to eon- d, Duke carrying id Goiii- ral other Com- ( 25 ) • Committees then appointed, his Majefty thought fit to dired, that fuch Committees do make their Reports in Writing, to be offered to his Majefty next Council Day following, in which, if ever any Debate arofe, the youngeft Coun- fellor to begin, and not to fpeak a fecond Time without Leave firft obtained: And that, as on one Side nothing is to be hereafter refolved in Council, till the Matter hath been examined, and received the Opinion of fome Committee or other; fo, on the other Hand, that nothing be re- ferred to any Committee until it hath been firft read at the Board, excepting foreign Affairs ; with E " ' this K .V- i i|ri|!J iiiir .i] 'il:!^'! \ (26) this Explanation, that upon read- ing Petitions at the Board, where there is an unanimous Confent to grant or reject:, fuch Petitions are to be difpatched as formerly, and only fuch Petitions referred to the relpedive Committees wherein any Difficulty, Caufe of Examina- tion, or Diverfity of Opinion, may arife: And his Majefly thought fit to direct, that no Order of Coun- cil fliould be iffiied by the Clerk of the Council, until the fame was perufed by the Reporter of each Committee refpedtively. ►5 ••>»-> -i . . The above Order in Council was in many Refped:s wifely cal- culated to bring every Matter of Impor- ■ .it • m read- , where ifent to ions are ly, and 1 to the wherein [amina- )n, may ught fit F Coun- e Clerk me was )£ each >Jouncil bly cal- atter of Impor- i*^A f 27 ) Importance, and of a mixt Na~ ture, to the View of the Crown; and the Appointment of Com- mittees for the Difpatch of differ*- ent Kinds of Bufinefs was like- wife of Ufcy as the Lords of the Committee, by giving their con- ftant Attendance, might be there- by better informed of the Nature of the Bufinefs brought before them. ? Aiia PiohA,: ' '^ '';M rli ''.,i^ub-v,.2 : ■f r -J , ' J-' f /-- -i 'J. ft'-*yt ( 28 ) !: 'D- y^/ /fy6^ Ci?//r/ ^/ Whitehall, the 2'jth of January, 1681 -PRESENT .(.-., t >•> • I . '> 1% I J ■» 7^^ Kings Mojl Excellent Majejly in Council, 1, .* ,1 I .J » .A , 1 :'''iVl ^iti . J;.l. -v<,. ii ■wr ■- ' >■ >.• * * I T was this Day ordered by his Majefty in Council, That all the Lords of his Majefty's Moft Honourable Privy Council be, and they are appointed to be, a ftand-^ ing Committee of this Board for Trade and Foreign Plantations. ^^ The above Order of the 27th of January y 1681, which was ' ^ pre- ■''X':''~ lall, the )8i. . Maje/ly ered by phat all ^'s Moft be, and a ftand- ard for ions. e 2 7 til :li was pre- ( 29 ) previous to the conftituting a Council or Board of Trade con- tinued in Force until A%, 1 696 ; biit, as is conceived, was not renewed until the ift of OEtober^ 1714. i In 1695, feveral Members of e Honourable the Houfe of ommons were for eftablifhing Board of Commerce, and alfo ^r appointing Commiflioners for ade and Plantation. But this ^as objected to by others as an ncroachment on the Rights of he Crown. However, all agreed as to the Ufe and NecefGty of ap- pointing fuch a Board. T.J ' # And ,inir-"i ^li'i! Ir I' *l i! ( 30 ) ■"' And, agreeable thereto, his late MajeftyKmg Willi AM the Third conftituted a Council or Board of Trade, in May or June 1 696, and appointed the foUowiitg Per- fons as Ordinary and Extraordi- nary Members of the faid Board, VTZ. ^-.U ':{(ii-i,:iiij. The Lord Keeper of the Great Seal, or Chancellor ; thePrefident of the Privy Council 5 thefirftCom- miffioner of the Treafury, or Lord Treafurer; the firftCommiflioner of the Admiralty, or Lord Admi- ral ; the two principal Secretaries of State, and the Chancellor of the Exchequer; together with the Earls of Bridgwater and • , Tanker- I ), his late be Third Board of e 1696, iitg Per- xtraordi- d Board, he Great refident rftCom- or Lord niflioner 1 Admi- xretaries cellor of er with er and Tanker- (31 ) ''Tankerville^ Six Philip Meadhoufey William Blaithwaity John Pol- \lexfen^ John Lackey Abraham Hilly and John Meathwen^ Efqs. were declared his Majefty's Com- miffioners for encouraging, ira- I proving and protedling the Trade, Plantations, Manufadories, and ifliery of this Kingdom. ». I And, in Purfiiance thereof the J7thof^/K, 1696, their Excel- lencies the Lords Juftices inCoun- Jtil ordered, That the Books and *apers of Bufinefs in the Planta- tion Office, relating to the Com- mittee of Trade and Plantation, I then in theCuftody of Mr. Povgy^ be by him delivered over to Mr. Poppky H liiii ( 32 ) Popple^ Secretary to the Council of Trade, by Lift or Schedule, to be figned by the faid Se- cretary ; and that all Matters which were depending before the Committee of Trade and Plantation, by Order of Re- ference from that Board, be, as they are thereby, referred to the faid Council of Trade. 1 1 ''. ^ The above Order of Council, as is humbly conceived, evident- ly fliews, that the Council or Board of Trade was intended to a6t in the Place of Committees of Council, and that the Reports of the faid Board were to be imme- diately carried to his Majefty in .. Council, Council chedule, faid Se- Matters r before ide and of Re- , be, as d to the Council; evident- incil or Winded to littees of ports of e imme- Ljefly in ouncil, .f ( 33 ) Council, and (as is moft humbljr conceived) if any Miitter o/. Doubt arofc in Council concern- ing the fame, the faid Report was to be referred back to the Council of Trade, at which Board the extraordinary Members mignt take their Place, in order to con- fult what was fit to be done. In which there was much Safety, as all the Papers and Records rela- tive to the Affairs of the Colonies are fuppofed to center in the faid Office. The appointing of the Right Hon. the Lords of the Cabinet Council to be Extraordinary Mem- bers of the Board of Trade, feems F < like- •'■m l!' ill . ( 3+)' likewife to have been calculated to anfwcr many other valuable Ends and Purpofcs ; for as the faid Council, or Board of Trade, was intended as the only Channel of Information to the Crown, in all Matters which related to our Plantations, Trade, and Com- merce ; and alfo, as they were to report to the Crown, once in every Year, the Courfe or Pro- ceeding of all the Officers em- ployed in the Service of the Crown in America'j it became thereby highly necelTary to have the great Officers, who preiide at the other great Boards at Home, at leaft virtually prefent at the Board of Trade, when they took Cogni- : r fance ;■& culatcd aliiable as the Trade, Ilhaiinel )wn, in to our Com- ;y were once in 3r Pro- rs em- Crown hereby c great e other It leafl: oard of Cogni- fance (25) fance of fuch Matters as were tranf- aded by their Officers. Which Regulation freed the Council of Trade from all Reftraint in their Reports : And in this happy State ; of Things the meaneft of the Officers employed in j/^merica might look upon themfelves as nder the immediate View and rotedion of the Crown, and ot under the Tyranny and Op- • reffion of any Officer who ads iin a higher Sphere. The faid Council or Board of Trade was likewife, by their |Conftitution, to examine the mu- jnicipal Laws and Records of all the faid Colonies, and to report F z ta ,l-V,-r i ,1 I 1 • -. . ( 36 ) . , ■ to the Crown, once in every Year, a full and true State of all the faid Colonies. And it is alfo ve~ ry obfervable, that the Reports of the faid Board were often brought before the Houfe of Com- mons, without any particular Ap- plication by the Members of the Houfe on that Head. But thofe particular Inftitutions (whereon the Ufefulnefs of the Board prin- cipally depends) have been too often omitted, although for the firft twelve Years after the Con- ftitttting of the faid Board thofe Matters were carefully attended to. His Majefty's Inftrudlions to the Governors of the Colonies m 03 more ry Year, all the alfo ve- Reports 2 often ^f Com- Lilar Ap- 1 of the ut thofe whereon rd prin^ een too for the lie Con- d thofe nded to. ions to ])olonies more ( 37 ) I more immediately dependant on \ the Crown are prepared by the I Board of Trade, and when ap- ''h proved of by his Majejfty in Coun- |cil ought to be confidered as a Direction, or indeed a Law, to the Governors, by which they are to regulate their Condud: ; and 1 though the faid Infl:ru£lions are liot to be confidered in all Cafes as obligatory or binding on the Subjedl, yet the leaft Deviation ^from them in the Governors f opens a Door for all manner of I Fraud and Incroachments, both I upon the Crown and upon his I' Majefty's Subjedls in the Colonies; for when fuch Deviations are admitted, and plaufible Pleas ) • allowed ' "m «.. lii . (3«) • allowed in Excufe for their Con- dud:, there cannot (as will more fully appear in th^ Profecution of this Effay) be any reafonable Hopes of Redrefs, efpecially as the De- lay and Expence, which ufiicUy attend Petitions of Complaint, make it impoflible for many Per- fons to bring their Cafe before the Crown, ^ - , I But to guard againft thofe Dif- ficulties and Inconveniences, and to proted; the Subjeds Abroad from all unwarrantable Ads of Power from the Governors, Chief Juftices, or any of the other Of- ficers of the Crown, the Secre- tary's Office in the Plantations wasj eir Con- i^ill more :ution of lie Hopes the De« fi ufii^My >mplaint, any Per- e before i.'^'*!* ces lofe Dif- , and Abroad Aas of s, Chief her Of- " Secre- ntations was. • (39) ^as, in all its feveral Branches, as jpkvk of the Council, Clerk of the ;Affembly, ^c\ originally intend- ed as an OifKce of Record, and all Bulinefs tranfadled by his Ma- yfly's Governors, either in a mi- Aifterial or judicial Capacity, or Ordinary in granting Probates Wills, or Adminiftrations, &'c. viere intended to be entered at irge in the faid Council Tour- : and fo not only remain in $hf Colonies as a Record for the 5^ 1 ;' nnd Benefit of the Subjed:, ^ut Copies thereof were alfo to je tranfmitted to his Majefty's Secretary of State and Council i)f Tracje. ' And TV ■in ij.-, 11! ■!l ! (40) . II ■•)ii And as his Majefty's Gover- nors arc confidered to have a Sii- perintendency and great Influence vVer all the Ofiicers within their lelpedivc Governments, if anj of his Majefly's Subjects there apprehended themfelves to be ag- grieved by any Perfon in Power, they were deemed to have a Right to lay their Grievances before the Governor and Council, and to examine all fuch Evidences as thej could produce in Support of their Charge, fo as to make the fame Matter of Record. And, as is above obferved, thofc Records being tranfmitted Home, bj y's Gover- liave a Sii- t Influence Lthin their :s, if anj ed:s there 5 to be ag- in Power, Lve a Right before tht 1, and to ces as thej )rt of their : the fame •ved, thoft :ed Home, bj (41 ) by the proper Officers, gave the I Lords of Trade a full Infight in- |to the Courfc and Proceedings I of the Officers employed by the Crown, and into the AfFairs of [the Colonies ; fo as to enable their Lordfhips to recommend hofe Officers to the Crown, who ad behaved properly in the Dif- j^arge of the Truft repofed in :hem, and to difmifs and punifli fuch as had deviated from their t)uty. And to this End our ouncil of Trade was impowered o nominate Governors and other fficers to the Crown, !♦ '. In relation to which I pi'ay I Leave to obfervcj that however # great, ( 42 ) ' great, however good, or well qualified thofe great Perfonages may be, who have the Diredion of the Affairs of our Plantations, and of our Trade and Commerce, yet if the Order of the Offices be inverted, and they be there- by under a Neceffity to de- pend upon private, and often partial. Information, they will be often led into Miftakes ; even fo as to withdraw their Protection from thofe who have adted a- greeable to their Duty, and to fupport others who in many Refpedls have deviated from their Duty to the King, and at the fame Time committed many Ads pf Oppreffion againft the Subjed* I fliall •J '-{■" .\ ■0 ( 43 or well rfonages )iredion itations, nmerce, Offices e there- to de- id often \( will be even fo rotecStion idled a- and to 1 many )m their at the my A6ls Subjed* I fliall '.►■i5». ill .^ .^ .,' •- f,. . :t \ '. -I \ v.,.l I fhall pray Leave further to obf^rve, that altho' there appears \ great Wifdom and Knowledge in the framing of the above Confti- tutions (which is faid to have been done by Lord Sommers and Mr. ^ocke) and alfo that there was n A61 paffed, the 12 th of King iLLiAM the Third, intitled, An ^Ei for the Punijhment of Gover^ vrs in the Plantations ; yet there as ftill fomething wanting, which as been the Means of deftroying he End and Defign of the faid nftitutions: For the Records in the Colonies, tho' well intended, |were never properly regulated j and confequently there was an G 2 ; Opening if:- ( 44 ) Opening left for Deceit on the Boards at Home ; and as the Balis or Foundation of all Syftcms ought not to be departed from, fo likevvife, the above Inftitutions, being the very Hinges upon which the Government and Safety of his Majefty's Subjeds in the Colonies principally depend, there was, as is moft humbly conceiv- ed, the greateft Neceffity for the Aid of the Legiflature in efta- blifliing the faid Inftitutions by Law, with Penalties on fuch as deviated from them: And from this there could not any Danger arife, as it related either to the Prerogative of the Crown, or the Safety of the Subjedt ; but •^k:!l la : on the I as the II Syftcms [from, fo Hitutions, »on which 5afety of in the ind, there conceiv- y for the in efta- tions by )n fuch ^nd from Danger tr to the own, or :d: ; but ( 45 ) in all Refpedts it would have had ^he contrary EiFedj in keeping khe Crown from Surprife, in hav- '^ng the Orders of the Crown duly ^xecuted, and in freeing the "^ubjec^ from many Adls of Opt- reffion; and if thofeinTruft and bwer in the Colonies deviated om their Duty, the Subjed, if jured, could lay his Grievan- s before the Crown, without ing liable to any great Delay d Expence therein. ^^i^ - ..i^- f.* . And there is the greater Rea- >n for this Courfe of Proceeding, the Crown has not thought fit, i|ifually, to admit of Appeals for my Sum lefs than 300/. Sterl, but T (if ''I ill! ( 46 ) but in the other Courfe of Pro- ceeding, if a poor Planter wa^; defrauded of Three Hundred Pence, by the Governor or Chief Juftices not allowing him the Liberty to proceed by due Coiirfe of Law (which hath been often done, both by the Governors and Chief Juftices, and of which there are Inftances upon Record) fuch Perfons might bring their Cafe before the Boards at Home, by the Journals of Council tranf- mitted thither from the Colonies. And it is alfo proper to obferve, that, as it relates to America^ our Council-board are in many Re- Ipeds to be confidereJ as a Sove- H ^ V- reign of Pro. [Iter waij Hundred or Chief him the je Co\irfe leen often Tnors and hich there 3rd) fuch Sieir Cafe [ome, by cil tranf- !}olonies. o obferve, ^ricay our nany Re- ts a Sove- reign ( 47 ) • ' - •eign Court; therefore if they g| The great Excellency and EfE- cy of the French Inftitutions, their Board of Commerce, ife principally from their not ing at Liberty to difpenfe with e Rules and Ordinances of the |king; which frees them from any irregular Solicitations : And, like Manner, that the Gover- 1? > nors, ( 48 ) nors, Surintendants, Sfc. are lia- ble to Penalties, if they deviate from the Orders of the Crown. But, by the Conftitution of this Kingdom, the Inftrudions and Orders of the Crown have not that Force and EfFeA on "he Governors, and other Ofncer T the Crown, which the Nature of the Cafe requires : And if they, even our Council or Board of Trade, are at Liberty to vary from the Standard of A6lion, or from the King's Pleafure fignified to them by their Conftitution, there will arife a continual Clafli- ing of Interefts ; the Ufefulnefs of the Colonies, with refpedt to ,n'. r. their '. arc Ha- ;y deviate Crown. tution of ftrudions )wn have :(ft on '■Se )fiicer Nature of i if they, Board of to vary .d:ion, or - fignified iftitution, jal Clafh- Jfefulnefs refpedl to their (49) their Trade and Commerce, will rbe in a great Meafure lefTencd I thereby, and alternately both the Rights of the Crown, and the Liberties and Properties of the jSubjed:, invaded; and that too, lin many Cafes, without a Poffi- 'bility of Redrefs : And indeed it |s not pofTible, with the greatefl jliuman Forefight and Knowledge >f Bufinefs, in our Council of 'rade, to carry the Orders and [nftrudions of the Crown into [ue Execution, or efFedually to iprove or extend our Colonies in tme?icay other wife than by hav- ing all the Records of the Colonies luly formed and tranfmitted to them, and by being entirely free H and 1 (50) ai?d indepcndant in their own Sphere of Adtion. ' However, there is nothing pro- pofed on this Head, which can poffibly reftrain the Crown in the Exercife of its own Prero- gative; for, as is above obferved, the Strengthening the Hands of the Crown, fo as to guard againfl: Incroachments, cannot delay or impede the due Courfe of Bufi- nefs ; neither can the Governors being under a Neceffity to have all A6ls done by them, in relation to the publick Concerns of their Colony, entered in the Journals of Council, in the leaft obftrud the Bufmefs of the Crown ; nor, laftly, leir own liing pro- Siich can irown in n Prero- obferved, ndsof the i againft delay or of Bufi- jovernors to have relation of their Journals : obftrud vn y nor, laftly, n (51) . •• laftly, can our Council of Trade's _ reporting to the Crown the State I and Condition of the Colonies, ^ and the Courfe of the Officers employed therein, have any ill -Eftedt; but, on the contrary, I the enforcing of thoie Duties by e Authority of Lavv^ will give trength and Vigour to the Colo- flies, and protedl his Majefty's Sub- jedls, without the leaft Incrpach-p Lients on their Rights and Privi^ eges, which have been often nvaded by a difpenfing Power, high includes all other Powers ^hatfbever, ^„ ',:x j^.% .. a^-^.. t* ■;■ i-'v'^vv -v, 'n [■ >f 1 1 , I t A I I The Oppofition which was Igiven to thofe employed in the H 2 Admini- '\ ::) ■ -It 'y 5 ( 52 ) Adminiftration of publick Af- fairs, in the latter End of Queen Anne's ir.eign, and tlie Struggles for Power, which then fubfifted, did, in a great Meafure, take off the Attention of the Miniftry from the Concerns of America, From which Caufe the Reports of the Board of Trade were often filenced, and lay in the Secreta- ry's Office, without any Notice taken of them. — Whereupon the faid Board did not, as formerly, report annually to the Crown a State of the Colonies, with refped to their Government and Trade, and the Proceedings of the Officers employed therein; fo that, from this Omiffion, fuch "'•'■-* ' ' • Perfons >lick Af- j{ Queen Struggles fubfifted, take ofF Miniftry America, Leports of ^ere often Secreta- y Notice upon the formerly, : Crown ^s, with nent and dings of therein ; on, fuch Perfons ( 53 ) * Perfons as had any Concerns dc- vpending, in relation to America^ ibegan to apply tov the Council- iboard, or to the Treafiiry or Ad- miralty, as the Nature of the ^ufinefs might require. ^ ,. The Courfe of Bufinefs, in Elation to our American Con- ^ rns, being thus altered, Com- littees of Council were again newed, by the following Order Council, viz. H'fi,,-x.' ,^J''8"\:"33 nx. -4 Kk%y-:*-Vi '-.J',. '.Ja'X. Ai { 54 ) Ai the Court at St. James' j, the jji of Odober, 17 14. . ■ PRESENT The Kings Mofi Excellent Majejly in Council, • *" . , ' ...... 1. %i.«*' ■ . - -^ - -i. V ■ ''» IT IS this Day ordered, by his Majefty in Council, That the whole Privy-Council, or any three or more of them, be, and arc hereby appointed to be, a Com- mittee for the Affairs of Guernfey and Jerfey^ hearing of Appeals from the Plantations^ and other Matters that ftiall be referred to them : And that they proceed to hear and examine !"ach Caufes as have ■y?.' 14. th& Majejiy jred, by rhat the iXiY three and arc a Com- Guernfey Appeals id other erred to oceed to aufes as have (55) fhave been referred to Committees of Council by her late Majefty, and Ireport the fame, with their Opi- fnion thereupon, to this Board. . In relation to which, I n>ofl umbly pray Leave to obferve, that the Adions of the greatefl, the wifefl, and the befl of Men, are formed agreeable to their In- formations, and that what may Uppear extremely wife and pru- dent, and in all Refpeds well alculated to guard the Crown i-om Surprize, and the Subject om Injury, may yet have a dif- ferent Tendency, as it relates to ur diflant Settlements ; for ^vith- ut Unity of Defign, and alfo a mutual ' .1 ■ (56) mutual Relation between the Syftems obferved Abroad and at Home, and likewife that there be an uniform Courfe of Proceeding (as is conceived) it is impoflible to prevent the Affairs of America from running into Gonfulion, or to free the Crown from Surprize. For if a Tube or Perfpedive had feveral Paffages before it came to .its extreme Point, no Objedt could be thereby reprefented in a true Light. r '"": The Wifdom and Juftice of the great Perfonages, that either have been, or now are, con- cerned in the faid Boards, leave us not the Icaft Doubt of their •' having m :n the and at here be ceeding poflible 4merica fion, or urprize* :ive had it came ) Objea nted in ftice of at either e, con- ;, leave of their having ' . (57) having determined all Matters which came before them, agree- able to the Principles of Lav^^ and Juftice ; but then their Con- dud, in Refpedl to fuch Matters as came under their Confidera- tion from our diftant Colonies, muft, in a great Meafure, de- pend upon the Evidence brought before them, and likew^ife on the Courfe of Proceedings in Ajne- rica ; fo that if, by great Delay and Expence, the Subject is barred from Relief, they are often as unhappy as if they had not any Appeal to the Crown : Nor can this be redreffed in any other Manner than by the Aid of Par- liament, in eflablifhing an inva- • I riable »il % ( 58 ) riable Rule of Proceeding in Re- lation to the Records, and alfo in Relation to our Council or Board of Trade's reporting to the Crown, once in every Year, a State of the Government and Trade of the Colonies, and alfo the Courfe of Proceeding of the Officers employed therein ; which would be a great Incitement to the Officers of the Crown to ad agreably to their Duty. For as the Supreme Being is the firft Spring and Author of all that is virtuous or good, as in the Difpenfation of his Providence in the Moral World he hath an- nexed Rewards to incite his Crea- tures to the Performance of their ':.• V Duty, m ^^m .11 Re- id alfo VJhI cil or ■ 'M to the ear, a It and 'i} jBh nd alfo of the ' '^m. which lent to ;^ wn to i . For m is the m of all '% in the ■Vj^ ^nce in th an- ■"iS s Crea- ii9H )f their Duty, . { 59) Duty, and Punifliments to deter others ; fo Princes, as his Vice- gerents, are to be looked upon as Inftruments in his Hands, not only to protedl the Innocent and reward the Virtuous, but to punifh fuch as adl contrary to their Du- ty. And in this Light the Sove- reign is to be confidered as the Centre, to which all Perfons em- ployed in Publick Affairs, and all Matters relative to the Offices, ought ultimately to refort ; for, as is humbly conceived, it is im- poffible for the Sovereign, or for thofe employed in the Admini- ftration, to protect his Majefty's Subjects Abroad, otherwife than by keeping the Offices uniform, I 2 entire If ( 60 ) ' entire and open ; and, in or- der thereto, by infliding Penal- tics on fuch as adl contrary to their Duty. ♦,1 , ;rM;fi'-hil 3 Having endeavoured to demon- ftrate jthat the prefent Syiftem of our Offices dotli not, or indeed cannot, effedually reftrain thofe who are intrufted with the Go- vernment of his Majefty's Colo- nies, and that, in Confequence thereof, the Subjedl may be great- ly injured, without the Poflibili- ty of Relief, and alfo that, with- out a regular and lixt Method of Proceeding, the Crown cannot prote6l or extend our Trade and Commerce, or in many other '^n^ r Refpedts n or- Penal- ary to ^mon- em of ndeed , thofe e Go- Colo- [uence great- (Tibili- with- lod of :annot ie and other ;fpe6ts ( 6x ) Refpeds exCiCife its own Pre-. rogatives; , .p,. ....bj^^v^io '*;.:r-i.l It feems alfo proper, in this Place, to fliew the Methods which have been taken by feveral I Governors in our Colonies to [evade his Majefty's Inftrudions, Uid alfo to conceal many Acts of .Power and Oppreflion, which I lliall but barely hint at ; for la particular Detail of their Proceedings would not come [within the Compafs of this Efiay, • \M'\'i'^r 1!- ^-f: >■'-'■:'' -y.r>. *?% J '1- Such Governors as have laid ISchemes to adl contrary to his JMajefty's Inftrudions, do many Adls «i •i > 'i 1 ( 62 ) A£ls of Government without the Privity or Advice of their Coun- cil, and confcquently no Entry thereof is made; and, at other I Times, when Matters have been determined in Council, by the Governor's great Influence at the Board, and over the Clerk of the Council, fuch Matters as were then under Confidcration have! been very imperfe^bly entered, and in fome Cafes wholly omit-l ted; and when they have not! iifed the faid Precaution, and Petitions of Complaint have been preferred to his Majefly againfil them, they, under frivolous Pre- tences, keep back the Records,! ' J,-iJ- -'.iK*!: , J' ». ..•* .^" ( 63 ) and do not tranfmit them to the Coun-S proper Boards at Home. ' ' ^ ' Entry :)i\ f J Lt Other! e been I by the] e at the' e of the! as werel )n have entered, y omit- ave not >n, and ive been f againft ous Pre- Records,] and I And fuch Governors have fre- ! quently formed Connedlions with [particular Parties or Fadions in the Aflembhes, and fo pafs Laws »for the emitting of Paper- bills of [Credit, as well as feveral other Jiiuls of Laws, fuited to their |p.rivate Views and Interefts, with- lout inferting a fufpeiidingClaufe, fo as to give thofe who think themfelves injured thereby an Op- portunity of laying their Grie- vances before the Crown, pre- vious to the faid Laws being car- Iried into Execution. And m i'U inn ( 64 ) And the faid Governors have likewife, in feveral Cafes, dif- poffcffed the Grantees of the Crou^n of their Lands, without any legal Trial or Procefs there- on ; and, in feveral Inftances, in more Colonies than one, they have ifliied blank Patents or Grants for Lands, and afterwards affixed the Seal of the Colony thereto, and put them into pri- vate Hands to be difpofed of, which hath introduced the utmoft Confuiion ill fomc of the Colo- nies ; for when blank Patents or Grants are fo iffued, it is in the Power oi fuch. as hold them, by antedating the fame, to* claim the Property of others, and to oc- I 'S afi cauon n rwards I .( 6s ) cafion fuch mixt Claims,and,Goii-f fuiioa in Property, as tdiipiat k entirely out of the Power of, Any Coutt of Law. -to judge of ancj determine the Right and Proper- ty of the Subjeqt ; and theji, . . of courfc, every Thing muft be arbitrarily decided by Aqt? ; of Power and Violence. ^{^q -^xh K.-! ,-rl J. rj:A:j:g9n n^ila j:>3Jdjci But as I have mentioned the Tyranny and Qpprefiion of Jpme Governors, I fhall, in J.uftice to the Character; of others,, men- tion, that there have been many Governors, who have acted witt^ great Honour in Difcharge of the Truft repofed in them by the Crown. Yet even fome of ihem K " have •I fl .-' J <66) have been much difturbed by the Jealoufies the People entertained of their Governors; which arifes from the Abufe of Power, which has been too freqiiently put in Pradice in the CcJonies. it • But, in all Cafes of Oppreffion, the only Remedy left to the Subject when aggrieved, is, to petition his Majefty for a Com- miflion to examine Witnefies or Evidences Abroad; which, in fome Cafes cannot be granted, provided the Records are defec- tive; for if the Subje^l prays his Majefty to ^ant a Com- miilion to examine Evidences « Abroad, part of the Matters com- I I; I I ( 67 ) complained of ought to be fup- ported by proper Evidences, previous to the iflliing of the faid Commiffion. But even admit- ting fuch Commiffions are ob- tained, the Governors have, in the Plenitude of their Power, a thoufand Ways to filence or de- feat the Intention of the Crown and the Parties concerned in the faid Inquiry, by the Influence they have over thofe who are generally appointed to examine E vidences Abroad ; by the Influ- ence they have over the Secretaries and Clerks of the Council, and alfo by the Terror and Dread ma- ny Perfons are liable to, in ap- pearing againfl: the Governor in K 2 any ! I t 68 ) any Matter which may draw his Refcntment upon them. ^J->5^<^^| ' ,» ' .1. The Ads of Power, and even arbitrary Conduct, which have been fometimes exerted, in his Majefty's Colonies, can fcarce gain Credit from Gentlemen who enjoy the Bleffirig of a regular Go- vernment at Home ; but if thofc who have the Power to redrefs, will be at the Trouble to look in- to the Complaints which have been often made againft his Miijcfty's Governors and other Officers employed in the Colo- nies, and alfo into the Proofs fent Home in Support of the faid Complaints, they will find raoft - -'- clear ( 69 ), clear and evident Proof, that all that has been above hinted at is founded in Truth, and that it is the Want bf Syftem in the Coi?- dud of dur A£Fairs, w^hich is the Bane dnd ' Ruin of our Ameri-. can Colonies, and mufl: in the End prove : deftructive to, our Trade arid Commerce, jj jjoniiv^ „ »•■<>.( •■; ■,tfif' ^ .■ ; I ■ rir**, ^-li', {■ . .. r. But the more fully and clearly to illuftrate this Matter, I fhall pray^ Leave to refer to the Dates of feveral Complaints which have been brought to our Council- board, o- ,) 10 iV - ^r,'The 30th of December^ 1708, the Petition of Colonel Sharpe^ and > i 11 . <-• . ilXO (70) and others of the Council oiBar- hadoes^ againft the Governor of that Ifland, for turning out moft of the Officci*s of the Militia ; for rejcding the Advice of the Coun- cil ; for adjourning the Council, and letting the AfTembly fit and difpofe of the publick Money without theConfent of the Coun- cil; for determining Caufes him- felf cognizable only in the efta- bliflied Courts J and forimprilbn- ing and opprefllng his Majefty's Subjedls, contrary to Law. Sundry Complaints of the I2th of Marchy 1 7 1 8, 2 5th of June^ 1719, and iithof May^ 1720, complaining of may Acts of Male- Ad- Adn: ny at Lowt from 1734 plaint difiert of th lMom< them Th Huffk again Caroh s N in m; »aw8 1 2th JunCy 720, [ale- Ad- ( 71 ) Adminiftratlon, and even Tyran- ny and Oppf eifion, againft Mr. Lowiher^ Governor cS Bariadoes^ from which Period of Time until 1734, follow feveral^ther Com- plaints againft the Governors of different Colonies ; but as moft of them were not of any great IMomenti I fhall not mention them here. -' -^ < 1. i^ - The 1 2th of February^ i734> ^ume and Whitahr complain againft the Governor of South vJarolina^ for afting contrary to is Majefty*s Inftrudions, and, in many RefpeAs, contrary to .aw and Juftke, :JM \ The — 7 ( 72 ), .ilThe 7thi;o£ iVi^^lw^ir, 1735, i Mormy:.Clik[ Juftice ^of JVeib Xerk-i inir like manrien xbmplains \ of tho QsM&iiox of; thai! 'Province^ foil' A<^% : m^ny i A^ts ; of a very uiiuiual,and extraordiaaty NaUJtP.| :J/5^Ti. ^^'•'^ '-^ .(■■ r T A .' i. c J noThc 15th of July., 1736, Jackfony the Collectpr of the Bahamas, complains of the Go- vernor of the faid Province's Ty ranny and Opprqflion, and of many Acts of Pp.\v,er yrhich can be fcarce paralleled.;.,^ "•a: ?i'->. ' .-l\ In 1736, the Aiflembly olf North Carolina agaii>fl; the GQyer4l nor of that Place. (73) In 1738, the Houfe of Re- prefentatives of New Hampjhir^ againft their Governor. . m k In 1746, the Reprefentation of five of the Northern Coun- ties of North Carolina againft the Governor ; with another Memo- rial relative to the faid Governor's Condudl prefented to the Lords of Trade in i^i^^r^«^K, i748, .; ilOt^*' In relation to v^hicli it is pro-* per to obferve, that in all the above Cafes Commiflions were granted to examine Evidences in Support of the faid Complaints ; and altho' there wereiaany Tilings proved of a very extraordinary ■ ..;; L "^ Nature, \ ( 74 ) Nature, and indeed fome of them flftocking to be mentioned, yet the Delay and Expence attending the faid Examinations, the Evi- dences procured by the Gover- nors to invalidate the Com- plainants' Evidences, and the great Expences attend? 5 Solicitations of this Nature at Home, have, for the moft Part, tired the Pati- ence of the Complainants, and put them into a worfe Condition than before they apphed for Relief; fo that thofe kind of Convulfions, w^hich have at different Periods of Time happened in feveral of the Colonies, make the People, as they judge only by the Surface or outward Appearance of Things, . ' unealy, f0( J (75) iineafy, and fo think thcmfclves unhappy under the Government of the bcft of Kings, and too often prompt them to ad: in Op- pofition to his Majefty's Meafures, or to whatever elfe may be wife- ly propofed for the Benefit of the Publick. But it is not poffible to draw Order out of Confufion; the Colonies being fo circum- ftanced, nothing can, with any reafonable Hopes of Succefs, be propofed for their Advantage, or for keeping the Indian Nations inour Intereft, without inftituting a regular invariable Plan of Adion ; which, as is moft hum- bly conceived, ought to be as foon as poffible attended to, as L 2 our i ( 76 ) our publick Concerns, in many- other Rcfpedls, fuffcr greatly from the Want thereof, viz. 'ill The Incroachmcnts of the Spa^iiJIj Guardcs de Cojle hath been principally owing to the Want of Syftem in the Condud: of our Affairs, and alfo to the Want of a Fund applicable to the Ufcs of America'^ which would have enabled us to check their Infolence ; for if our Governors had been impowercd to grant pri- vatv^ Com millions, and to employ Ships of Force, to treat thofe Guardes de CoJle (who fearched our Ships in the open Seas) as Pyrates, this would have been the •. (77) the Means to deter tlicm from adling fo openly, and it would have put it in our Power, either to avow or difavow the Conduct of our Governors therein, as the Nature or Circumftances of our Affairs might require, which hath always been theCondu£tof/V^;^r^, in relation to the Spanijk Guardes dc Cofte\ and when x[\q Spaniards have complained of the French Governors making Reprifals, or treating thofe Ships, to which the Spa?ijjh Governors had granted Commiffions, as Pyrates, the Anfwer of the French hath gene- rally been, That it was the Duty of their Governors to protedl the King's Subjeds ; but if they found any v.mmm I' ! • (78) any Thing blan^eable in their Condud, with ];efpe6l to the Sub- jeds of Spainy they would grant them Satisfadion therein. How- ever it has always happened fo, that the French have found fuffi- cient Caufe to throw the Blame on the Spanijh Governors and Guardes de Cojie commiflxoned by them. The having of a Fund appli- cable to America would likewife have enabled us to preferve the Indian Nations in our Intereft, which might have been done, two or three Years ago, at one Tenth Part of th". Expence which it will now coft us to regain them. It (, -J (79) and It is alfo very obfervable, that if we had had a Fund appropri- ated to the Ufe of America^ that by fupplying the Logwood-cutters privately with Arms, Ordinance and Ammunition, and alfo in a private manner have fent an En- gineer amongft them, they would have been enabled thereby to pro- tedl themfelves from the Spani- ards^ and we would have pre- ferved that valuable Braach of Trade to ourfelves. And in this Cafe we need not to have ap- peared to ad openly againft Sfain^ provided we had had a Fund applicable to the Ufes of America^ in refped to which we ought -p m ( 80 ) ought to have follow cd the Steps of FrancCy in the Settlement uf St. Doini7igo ; as they did not appear openly to fupport the Buccaneers^ who firft fettled there, but only fupplied them with Arms and Am- munition, until they llrengthened themfelves, and got Poffellicn of a great Part of St. Domingo, , ^ iVom all which there appears to be the greateft Neceflity to eftabliiTi a Fund for the Ufe of America \ for admitting our Council or Board of Trade were fully apprifed of the State of our Affairs in A/ncricay and that it would be right and pru- dent in them to purfue the fame Meafures ?'h ( 80 Meafures which the French Board of Trade have done, yet it is not in their Power to do it, with- out having a Fund appHcable to the Ufes of America only ; for if they apply to the Treafury, it will be at leaft attended with great Difficulties and Delay, be- fore the Money wanted is obtain- ed ; and if they apply to Parlia- ment, the Opportunity may be loft ; and, in many Cafes, pro- per Supplies may not be granted until our Affairs are brought into fuch a Pofture, as to put us to in- finite Expence to regain what we have loft by fuch Delays. M The ( 82 ) I'i :■'; The Trade of our Colonics is alfo of very great Importance and publick Concern ; for the Domi- nion of the Seas, as well as the Power and Riches, or Opulency of Great Briiai7t and France^ do in a great Meafure depend upon the Improvement of their refpec- tive Colonies in America, Eng- land (as is before obferved) hath many Difficulties to encounter in relation to the government of its Colonies, particularly the Charter Governments, and the Direction of their Trade, yet (as is humbly conceived) this might be redreffed by the Aid of Par- liament. ( 83) ft! In u9 h In taking a Survey of the par- ticular Branches of Trade carried on from the Colonies, particularly in Flour and Bifcuit from Penfyl- vania and New York to the Dutch and French Settlements, and in Corn, Flour and Bifcuit to Por- tugal and SpatHy there will be found feveral Things, efpecially in the manner of their Returns, which want to be regulated ; and likewife in the Returns made for Fifh fhipped from New-England and Newfoundland 'y and alfo in re- ftraining the illicit Trade which is now carried on from Newfoundland and Rhode Ifland\ which laft-men- tioncd Place is often made ufe of as M 2 a kind a kind of Storehoufe for foreign Goods, which are by them intro- duced into the other Colonies. But thofe Points do not come within the prefent Defign of this Treatife, nor would (as is con- ceived) be of any Service, until fome neceffary Steps (previous thereto) are taken in relation to America \ except only as to one Particular it may not be impro- per to mention, that the Dif- putcs now fubfifting between his Majefty's Sugar Iflands and the Northern Colonies, in relation to the Northern Colonics fupplying the French and Dutch with Lum- ber, &c. and in Return from them Sugar, Molaflei tak mg &c. it Wi % i I. i ( 85 ) it is conceived, may be im- proved to the Advantage of the Publickj and equitably determin- ed, as they relate to the faid Par- ties. Experience hath fliewn, that it is extremely difficult to enforce the Execution of any Law made contrary to the general Bent and Difpofition of the People ; but how much more fo muft it be to enforce a Law made here, and to be put in Execution in America^ not only contrary to the general Bent and Difpofition of the Peo- ple, but like wife contrary to the very Genius and Conftitution of fome of their Governments ; vs here- w heref< ore, ( 86 ) . in pafling Laws of this Nature, 'tis moft humbly fubmitted, whether it may be more proper, and better anfwer the End thereby propofed, fo to form the Law, as that the Peo- ple there fhould not have too great a Temptation to refift, and adt contrary to it ; befides, it is worthy of Confideration, whe- ther a total Prohibition of the faid Trade and Commerce might, by leffening the Number of our Sailors, deeply affed: our Navi- gation, and alfo whether fuch a Demand for Rum, as the faid Prohibition might occafion, would not confiderably advance the Price of Sugar. On i ' I: ( 87 ) On the other Hand, there is much to be urged in Favour of the Planters in the Sugar Iflands, as they are very ufeful Subjeds, have moft of their Supplies from Great Britain^ and alfo many of them fpend their Eftates here ; fo that in many Refpeds they de- ferve great Encouragement from the Publick; and in all Cafes, wherein the Intereft and Policy of this Nation will admit it, they fhould be fupported, and have a Preference given to them in the Confumption of their Pro- duce, which is raifed by them at great Rifque, Expence and La- bour. Therefore, r ( 88 ) Therefore, to determine this Matter for the Service of the Publick, and equitably to the Parties, 'tis moft humbly fub- mitted, whether all Ships trading from the Northern Colonies to the Dutch or French Iflands ought to do it by Licence, to be obtained from proper Officers ap- pointed for that Purpofe ; and that, on obtaining fuch Licences, the Owners of the Ships in tha^ Trade give proper Security for the Payment of the Duties on the Rum, Molaffcs, Mc, brought in Return for the Lumber fhipped by them ; which Bonds or Secu- rities lay •ged by pro- per i,li,' : s . ( 89 ) per Certificates of the Duties hav- ing been paid. . ^-^ , But in order to remove all Temptation to Fraud or Deceit on this Head, it may be proper to lower the Duty a Penny or Three Half pence per Gallon: And, as a great part of the Molaf- fes imported from the Dutch and French Illands into Rhode- IJland^ Maffachufef s Bay^ &l. are diftil- •led into Rum, and afterwards fhipped b) them to Virginia^ Ca- rolina^ &c. and alfo to New- foundland and the CodiT: oiGuiney^ that the Duty of one Penny or Three Half Pence Sterl. t)er Gallon pe> be laid upon al! Rum fo Ihipped y M from .0,. \*' IMAGE EVALUATION TEST TARGET (MT-3) ^/ .V^ /. 1.0 1.1 14^128 12.5 ■r •^liS 6" 1.8 11.25 il.4 11.6 m VJ /: ^ 7 /A Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. US80 (716) 872-4503 ^4 . ( 9<^ ) froiri Rhode-IJlandy Majfachufet' $ Bajy &c. to any other Part what- foever ; and in cafe that it is car- ried coaft ways to any of the other Colonies, without proper Vouch- ers of fuch Duties having been paid, the faid Rum to be liable to Seizure in any of the Colonies into which the fame is imported j or if fliipped to the Coaft ofJVew-- foUHdland or Guiney^ without proper Certificates of the Duties having been paid, which may be examined into by his Majefty's Ships of War, in both fuch Cafes the faid Rum to be alfo lia- ble to Seizure, with fuch further Penalties on the Matter of the Ship as may be thought necdfol. - . It, iiS'ir!,.;;' KTJmM ■TTiT'^l (9^ It is probable that a Law of tjiif Nature and Tendency would have it^ due Effed; for, by lowering the Duties, it would no? be the Intereft of the Peo- ple of ^^(jfe^^W, &q. ^Jthej: to import MqlalTes^ or fhipRum, diftilled by them^ without firft payi](ig the Efuty^ ^s it would thereby be in gre^t Danger of being feized. It i$ further humbly conceived, that if the faid Schem^ be put in Execution, a very con* fiderable Sum of Money may b^ raifed, and applied for the gcne^* ral Benefit, Advantage, and Secu^ rity of the Englifb Colonies on the Continent oi Atmrka^ by N 2 enabling ii '/.! fi; ( 92 ) enabling them, with greater Eafe, to ered: Forts and make Preifents to the Indians ; and if the Sum arifing therefrom be fairly and duly accounted for, and proper Regulations introduc- ed in the manner of accoiiiiting for his Majefty's Revenues in America \ andlikewife that, by Ad of Parliament, there be a further Fund eftablifhed, by en- acting that all Writings, Deeds, Inftruments, or other Matters relating to the Law in the faid Provinces fliall be on Parch- ment or Stampt Paper, and that the Money arifing therefrom be applied only to the Security and Advantage of the Colonies, it is , con- w. ( 93 ) conceived that a very large Sum would arife therefrom, even fo as, under a juft Application thereof, the Colonies would not be much longer burthenfome to this King- dom, in advancing Money for their Security and Enlargement, But further to difcover the Importance of our Colonies, and how much the Trade and Com- merce of this Kingdom depends upon our proteding of them, and alfo upon a right Diredion of their Trade and Commerce, it may not be improper to give a ftiort Account of what is by many computed to be pretty near the grofs Amount of our Trade :and i!^ ( 94 ) and Commerce from the Ifl^nds, and from the Continent oi Ame^ rica-y but I do not offer the following State of our Trade, as a Matter that may be wholly relied upon. .iaob — ' The feveral Products of his Majefty's Sugar lilands coniifting of Sugar, Rum, Molafles, Cot-» ton, Pimento, Pcj^er, Ginger, Cofiee, Mahogony, SPr. export- ed to Europe and America^ are computed at the Value or Sum of 1,670,000 /. Stcrl. per Ann* befides the Trade in Negroes carried to the Spanijb Settlements, and feveral other kinds of Mer-^ chandize from y^wo/oj, in Time of r«T (95 ) of War, amount to a great Sum. ^ The Freight, as computed in Time of Peace, amounts to 280,000 /. Sterl. and upwards. And in this Trade are annually employed 7000 Seamen, and up- wards, beiides a great Number of Sailors employed in the In- tercourfe the Iflands have one with another ; and with the Con- tinent of America. The Produce of his Majefty's Colonies on the Continent of America and fhipped to Europe^ from South and North Carolina^ Virginia^ Maryland^ Penfylvania^ Nemo H ( 96 ) Nefm jferfeyy New Torkj Connec-* ticutj Majfachufei* s Bayy New Hampjhire^ and Newfoundland^ chiefly coiififting of Rice, Corn, Pitch, Tar, Turpentine, Deer Skins, Furs, Tobacco, Walnut- Tree and other Timber ; Mafts, Yards, Fifli, Oil, Ships built for Sale, ?^c, are computed yearly to amount to the Value or Sum of 1,455,000/. Sterl. and up- wards. ill. t %. And as many of thofe Com- modities are bulky, and, in Pro- portion to their Value, do not lie in fo little Room as thofe from the Iflands, it is computed the Freight amounts to 360,000 /. Sterl. '1 ( 97 ) . Sterl. per Ann, and upwards, and that in the faid Trade are em- ployed 12,000 Seamen, or there- abouts..'.; >.>r«*i _ . "V J> *' ' .^ The feveral Produfls of his Majefty's Colonies on the Conti- nent of America^ exported to the Englijhy French and Dutch Coloni^is, and to Africa^ which confift of Beef, Pork, Baron, Fifli, Flour, Bifcuit, Corn, To- bacco, Tar, Lumber of feveral Sorts, Ironwork, Cabinet-ware, and Spirits diftilled in the North- ern Colonies, ^c. are comput- ed yearly to amount to the Value or Sum of 810,000/. Sterl. and upwards. O And .It ■M \ :• ■<■ \\ (98 ) t ! it'-'': i '11- ■! it. : ' ' m n ■ And as the Freight of feveral of the faid Commodities amounts to above a Third of the Value, It is computed, that the faid Freight amounts to 225,000 /. Sterl. per Ann, and upwards, and that in this Trade are annually employed 8000 Seamen, or there- abouts. oi ri But altho' it appears by the above Calculations, that the an*^ nual Produd: of his Majefty's Colonies, including the Freight, which employs about 2 7,000 Sea- men, amounts in the wh I ^ii rifcs this may the doth : and fame con- the th of Dferv- panijh :hants often merce which anded r low fame Thing ( \oi ) Thing may alfo be obferved of the Seven United Provinces of the Netherlands. ' ^^ il i;; ^ cuJ In Colonies, which always ought to have a Dependance on their Mother-Country, too much Care cannot be taken to prevent, nor too many Reftridions laid in the Way of their being fupplied with Merchandize, and all other Things either for neceflary Ufe or Luxu- ry, from foreign Nations. For let the Increafe and Growth of the faid Plantations arife to any Degree whatfoever, yet while their Supply is procured in a wrong Channel, they will not be of that real Benefit, or Service to m i 102 ) to this Kingdom, which they might be, by a right Direc- tion of their Trade and Com- merce. J-r: i-f '^Jff One great Advantage the French have had over us, in extending their Settlements, and in gaining the Indian Nations, or Tribes of Indians^ over to their Jntereft, hath (as is above ob- fcrvcd) principally arifcn from their having fevcral Funds, not only appropriated, but duly ap- plied, to the Ufes of their Colo^ nies in America j and as Ibme- thing of this Sort is abfolutely neceflary to be done, for the Safety and Proteftion of our (^ . Colonies, ^^•..■"■'■■^i r^iiri!?T)RWfi'5 ( ?03 ) ' Colonies, and alfo for extending our Settlements, it may, as is humbly conceived, be of Ufe to the Publick to treat briefly of that Subjed; for if it fhould appear, upon Examination, that the Manner of accounting for his Majefty's Revenues hath not been properly reflated, and that by the prefent Courfe c£ Proceeding there may be an Opening left for many Incroachments upon the Crown, and upon the Subje^i it will be highly nectffary to look into diis Matter, previous to the creating any new Funds in America for thfe Ufe of the Colonies* ^^ . ^ .» In ( IO+ ) t if: Iff i In order, therefore, to ex- plain this Matter, it may be pro- per to take Notice of fome of the Powers lodged in the Sur- veyor and Auditor General of the Plantations, viz. ^r-"v *"■'• ft *•_'»», By his Patent, dated the i6th of OEiobery 171 7, he hath full Power and Authority to inlped, examine, ftate, • audit, and, with the Allowance, Authority and Confent of the Commiflioners of I the Treafury, to determine all and lingular the Accounts of all Juch Rents, Revenues, Fines, Ef- cheats, Forfeitures, Duties, and Profits whatfoever, for and du- ring "ipT?!i ( 105 ) ring fuch Time as he the faid Surveyor and Auditor General fliall well behave himfelf in his fafd Office. And, to the End that the Of- fice of Surveyor and Auditor General may be duly and rightly executed, his Majefty wills and commands that the faid Auditor, by all lawful Means, do caufe to be recovered and paid to the proper Officers, for the Ufe of the Crown, all fuch Rents, Re- venues, Prizes, Fines^ Forfei- tures and Duties, &^c, as are now, or (hall be hereafter due or owing to the Crown, within the faid Dominions in America. And to P do Il it! K'^ I:, ( id6 ) do and perform all and every fuch other Matter, Caufe or Thing, in reflation to the faid Accounts and Revenues, which to the faid Office and Place of Surveyor General, or any Auditors of our Exchequer in England^ doth or may belong or appertain, as to Accounts and Revenues in England.' And his Majefty wills and corrimands the faid Auditbr anfl his Deputies to be obedient to, aiid to obferve fuch Orders, Rules, iand Diredlions as the ;Commiffioners of the Treafiiry, or 'the High ^Treafur^r, or Chancd- lor of the Exchequer for the , "^ Time I| '.'•i"'«WIW .(,10.7 ) Xin>e Ueing, fhall from Time to Time dired and appoiat. ^.^ ^-^ And that the faid Auditor do alfo from Time to Time offer and prefenli to the Commiffioners of the Trpafury, or High Treafurer, &^c, fuch fropofals ^nd Obferya- t^onsj concerning his Majefty's faid Duties or Revenues, as may any ways tend to improve the Ikmp. * vV iVi And for the more effectual Execution and Performance of the Premifes, the faid A^iditor i$ authori^ied, with the Confent and Allowance of the Commiiffioners of the Treafury, to appoint De- P 2 puties, A, ' r ■. -aiiiiii- i.V ( io8 ) puties, and other inferior Officers, for the better expediting the Du- ty of the faid Office. Whereupon it is proper to ob- ferve, that the Powers lodged in the Auditor General of America^ and the Duty of his Office, are much the fame with thofe of the Auditors of the Exche- quer in England \ and as it may be colleded from feveral A£i:s of Parliament, and alfo from the Orders and Regulations formerly made in Council, extending the Power of the Lord High Trea- furer, that the Kings of England refcrvcd the Treafury and Exche- quer ill their own Hands \ it is '^ " therefore I r ( 109 ) therefore mofl: humbly concei- ved, that whatever comes under the View and Infpedion of the Lord High Treafurer, ought of courfe to be brought into the Ex- chequer ; and altho' the Lord High Treafurer hath many fpeci- al Powers vefted in him, yet, as 18 humbly conceived, he is as much bound to a6t agreeably to the Rules eftabliflied in the Court of Exchequer, as our Lord Chan- cellor, or any of our Judges in Wejiminjler Hall are, to the Rules of their refpedive Courts : "Which feems to be confirmed by the ancient Ufage of the Court of Augmentations, before the fame was annexed to the Exche- quer, "X F.,1 III'' f IIO ) qucr, according to which the Sta- ple of Calak an^^ all other fpreign Revenues, which were within th^ View of the Lord High Treafureji were brought into the feid Clowt. bio -i But, to explain this Matter further, it is proper to mention the Duties incumbent on the Auditor or his Deputies in the Plantations ; namely. li - They ought to givq in Charge to the Receivers of hi^ Majefty'a Revenues in the Colonies reipec- tively, a Schedule or Rent-roll of all the Money to be coUeded by them* '0: i;..:.. y 1, .T { "3 ) Difallowance of the Lords Com- miflioners of his Majefty's Trea- fury on that FIcad ; and, if this is omitted, the Auditors or the Re- ceivers, as either are in i^'ault, are liable to be profecuted, and to forfeit their Commiflions. 5 have jr Me- , it be- Uditor tion of counts, r*s Ar- .nce or Dif- But it hath been objeded by fome of the Receivers, that the Schedules or Rent-rolls delivered to them are very imperfed, and therefore they cannot comply with the Duty required from them: But this, when confider' ed, will be found to be merely a Pretence ; for, admitting their Schedules or Rent-rolls to be im- perfed;, yet they have it in their Q^ Power t I' 1./. I ( "4 ) • Power to mark or dott fuch Per- fons Names as have not any Thing to pay, or are not to be found; by which the Receivers may be properly checked in their Accounts ; but when this is not complied with, it is impoflibje to form any Judgment of the Ar- rearages, or to know whether the Receivers have fairly or fully ac- counted for the Money received by them. '^ ,» The Receivers of the Crown in diftant and foreign Colonies ought likewife to find Sureties in the Exchequer for their good , Behaviour, and then Procefs would iflue againft them, if they did ID WDM M not ("S) not return their Accounts proper- ly audited. wm How far the above Regula- tions have been complied with, • or whether the Receivers of his Majefty's Revenues in America have aded agreeably to their Du- t}', in regularly tranfmitting their Accounts Home to the Auditor, will appear by the Dates, and likewife by their Accounts. And whether the Auditor General hath had any Objedlion to the faid Receivers Accounts, or endea- voured to corred the fame, or laid the faid Receivers Ac- counts before the Lords Com- miffioners of the Treafury, for Q^ 2 their Wi<. ( ii6 ) their Lordfliips Allowance or Dif- allowance of them, may be known by thofe who have the Power to, examine into this Matter. i^- ^^^^^^^^ -^ /■^ij- ■• ciiiu^:ii In Firginiay his Majefty's Rt- venuqs are coUeded in the fame Manner, and in moft Cafes by the fame Perfons who arc em- jf)loyed to collect the Provincial Taxes ; fo th^t they are thereby obliged to pais the Accounts of the Revenues before the Governor and Council: And it is remarkable that in this Co- lony the Revenues of the Crown amount to near three Times as much as in all the other EngUJh Colonies ( "7 ) Colonies on the Continent erf" America, The Four one Half per Cent. Duty, and all other Matters relating to the Cuftoms in Ame- ricay are properly within the I Department of the Auditor of the Imprefts, and, as is humbly [conceived) ought to be likewife nought into the Court of Ex- chequer. The mentioning the Form ^hich ought to be obferved in luditmg and accounting for his lajefty's Re^'enues in America^ lay be of great Ufe to the ?ublick, provided any new Funds are M ffp? It*-. ' ': ■if '^'■. i y. V^ m l.'v it I- I j»n (ii8) are eftabliflied and made appli- cable to the Ufe of the Colonies. For as the foreign Revenues of the Crown were formerly brought into the Court of Augmentations, by Ad of Parliament, the Rea- fons are equally ftrong for bring- ing the Revenues of the Crown in America into the Court of Ex chequer, elpecially as all thel Revenues of the Crown under! the View of the Lord High Trca- furcr ought of courfe, as is ob- ferved above, to be brought intoBAddri the Exchequer. BHon |mons In 1739, his Majefty thougliBS^^^ fit to appoint an Officer to fu«^^d pervife, infped, and controU thf ^"^^^ Reveni] Re the Gar Abi crcf Mot Offic coun was 1 Righ, Comi Treai 'I' I ' — " pT 'y tations, e Rea- •r bring- Crowiil t of ExI all tkl n undetl gh Tml as is ob-l ight into! ( JI9 ) Revenues and Grants of Lands in the Provinces o{ South and North Carolina^ and alfo to correct the Abufes which thro' Time had crept into the Records ; and the Motives for appointing the faid Officer are mentioned in an Ac- count of Quit-rents, dated the 25th o{ February^ i740> which [was made out by Order of the Right Honourable the Lords Commiilioners of his Majefly's Treafury, in Purfuance of an Addrefs to his Majefty by the Honourable the Houfe of Com- mons. But by the Oppofition given to the faid Officer, and the Icmel Treatment he met with from liofe whofe Condud he was to !i inqu ire 1 5.1' ( 120 ) inquire into, it had been happier for his Family that he had been deprived of his Life, than under- taken an Inquiry of fo difagreea- ble a Nature, which in its Con- fequences hath deprived them of the Means of Support ; and altho' this poor Man's Sufferings and Diftreffes arife principally from Caufes which have a publick and general Tendency, yet it may with great Truth be aflerted, that the moft inveterate of his Enemies cannot bring any Proof I againft him, of his ever having in the leaft deviated from his Du- ty to the Crown, or in any i> fped afted fo as to opprefs or in- jure \ ( I" ) jure sny of his Majefty's Subjeds in the faid Colonies. But to refume the Subjed: : The Care and Vigilance of the French^ in not only putting their Colonies into a Pofture of De- fence, but alfo into a Capacity of being very formidable, calls loud- ly upon us to give the utmoft Attention to the -/^ffairs of Ame- for altho' we have many rtca natural Strengths, yet if thofe Strengths are not properly exert- ed, they will not avail us, or keep us from Surprife ; nor can we in any Event whatfoever hope for Succefs, until we have a re- gular and orderly Method of Pro- R ceeding HP R,\3.' ( 122 ) ceeding in Bufinefs, which is the only true Parent of Succefs. As the French have a regular Syftem, or Plan of adling, and fteadily purfue their Schemes, by looking into their Courfe of Pro- ceeding a tolerable Judgment may be made of what they in- tend to do, even fome Years be- fore ' they have ripened their Schemes for Adlion; and, with relpecft to their prefent Defigns, it may, on good Grounds, as is humbly conceived, be conjedur- ed, that the principal Objed of France^ on the Continent of A- merica. is fo to extend their Lines, as to include moft of our friendly Indians 1 ( 123 ) Indians within their Bounds, which they will in a great Mea- fure have efFeded when they take the Upper and Lonjoer Cberokees and Creek Indians within their Lines, The Iroquefe^ or Five Nations^ are at prefent much checked, and in many Refpeds prevented from affifting us, by the French hay- ing built Cr(ywn Pointy and Nia-^ gara ; which makes it unfafe for the faid Indians to go at any great Diftance from their Town- fliips, either in War or in Hunt- ing : And if the French in like manner build Forts to the South- ward, they will include the Up-- ^ R 2 per H If ( 124 ). . per and Lower Cherokees^ and Creek Indians^ and thereby not only engrofs the Fur Trade, but alfo endanger the Safety of all our back Settlements. Now even admitting the French make but a faint Refiftance a- gainft us next Summer, in the Recovery of the Fort and Ground we loft upon the River Ohio^ yet if they are left in Poffeffion oi Crown Point and Niagara^ and alfo of the Fort they formerly built at Bueuf River ^ which is a Branch of the Ohioy and fo continue their Lines to include the Southern In- diansy which they are now ena- bled to do by the Cannon we loft on ( 125 ) on attacking them at tht OhiOj we fliall be little or no Gainers by what we may recover there, as the French would ftill have moft of the Indians included within their Bounds, and at the fame Time have it in their Power fo to employ them, as to diftrefs, or indeed utterly deftroy, any Settlement we may hereafter at- tempt to make at the Ohio. There- fore if the French^ by their In- trigues and Addrefs, can make us reft fatisfied with the Appea- rance of a Conqueft, which will not in any Refped be of Service to us, they will only amufe us by falfe Hopes and Pretences, en- grofs the Indian Trade,and in the End /, w i "6 ) End leave all our back Settlements expofed to the cruel Ravages and Plunder of the Indians. l/t:, ' And, on the other Hand, if we haftily purfue vigorous Mea- fures in the Recovery of the Ter- ritories which of Right belong to us in America^ and yet do not firft regulate our Courfe of Pro- ceeding with refped to the Af- fairs of our Colonies, and alio build Forts for the Security of our Frontier Settlements, and as a Place of Retreat to our Troops and to our Friendly Indians, it is too much to be feared, that all the Blood and Treafure we may employ to that End will not have the ( 127) the defired EfFedl, and that our ading at this critical Jundlure either too remiflly, or too preci- pitately, may be the Means of drawing on a Tvain of evil Con- fequences, which in the End may prove deftrudive to this Kingdom. . , . Another Objcd: the French |have in View is, to give us full |Employnient on the Continent of America^ that, in Cafe of a War |breaking out, they may be more t Liberty to attack our Iflands the W^ Indies^ which, it is raid, they^have in View, and that ky are now providing Stores of Arms TO I--, kp' •I Hi IS',. ( "8 ) Arms and Ammunition at Mar- tinico, . The Intrigues of the French in the Eajl Indies are likewifc very alarming, and their Views and Defigns in Germany and Holland may be alfo difcovered; fo that, if I am not much miftaken, there never! was a Time which called more loudly or more importu-| natcly upon us, to take a Viewi of our own immediate Concerns, and fo to regulate them a$ to free| us from all Surprife, whenever it may be found neceflary to exert curfelves io Defence of our Trade and Settlements. And, as is moft humbly conceived, this Matter cannot Mar- s and iollani fo that, I, there called iportii- i View I )ncerns, ) to free I :never it to exert I Trade! .s is moftl J Matterl cannotl ( 129 ) cannot with Safety admit of De- lay, as we may be led into many and great Inconveniences thereby, and, from the adive and vigo- rous Condudl of France^ be ut- terly unable to repair the Lofs of our Trade and Settlements^ which in the End may prove deftruc- tive to us, by cutting off all the Channels of our Supply, and con- fequently render us unable to fup- port the Weight of heavy Taxes, to make any confiderable or Struggle againft the ambitious Views of France^ in making her- felf the Umpire of Europe, And altho' we have a Fleet greatly fuperior to France^ it is S confidered, .1 I: . M' ( 130 ) to be confidered, that (he hath it in her Power to alarm us in dif- ferent Qiiarters of the World, and fo to divide and draw off our Strength, in the Protedion of our Trade arid diftant Settle- ments, as to leave us too much expofed at Home. Yet, not- withftanding the Confideration of thoie Matters is really alarming, it is ftill in our Power, if we do not delay the Seafon, to put our Affairs into fuch a Pofture as to defy all the fecret and open At- tempts of France againft us. But, as is humbly conceived, this, can only be done by having a regu- lar uniform Courfe of Proceed- ing, which may be the Means of , /. laving Xil:i <^ ■«pi p^l ( I30 faving us immenfe Sums of Mo- ney, that have been too often profiifely employed, at improper Times, to regain what we have loft by our Miftakes and Inad- vertencies. I'he Truth of which may be evinced by examining into our Condudt for upwards of twelve Years before the laft War with Spain^ and alfo the Mea- fures we have purfued fince that lime in relation to America : All which Miftakes, and the vaft Expence attending them, might have been avoided, provided we had had a regular uniform Courfe of Proceeding, and alfo had Funds applicable to the Ufe of America, S 2 There- ih fl (132 ) Therefore it is moft humbly hoped, that fome Attention will be given to the feveral Matters which have been hinted at in the Courfe of this Effay: That it will be thought for the Service of the Crown and of the Subjed:, to I'egulate the Offices fb as to bring every Matter of Importance to the Vicvy of the Crown : That it will be thought neccflary, for the Support of our Trade and dif- tant Settlements, to eftablifli fome new Funds applicable only to the Vfe of America: That it will be thought for the Security of his Majefty's Subjeds in America^ and alfo for the Protection of our Trade and Settlements, to ered , Forts ^ ■I ibly will xters 1 the at it ce of % to bring ce to That y, for id dif- 1 fome to the It will of his ay and of our 10 ered Forts ( ^33 ) Forts near to the Five Indian Na- tions, to the Upper Cherokees^ and to the Creek Indians ; and alfo that it will be thought for the Service of this Kingdom, to put ''1 : lands into a Pofture of Defence : And laftly, that the Importance of thofe Matters may be judged worthy of the Atten- tion of thofe in whofe Power it is to defeat the fecret Defigns of our Enemies. \ ■ :) I pray Leave further to obferve, [that if the Genius of the great \Sulfy prevails amongft the great iPerfonages who have the Diredi- |on of our P^iblick Concerns, there iJis nothiii?^ been offered which fan poflibly give Offence, and that I' i mb: t^ that the Pfofecution of my De- fign to treat of the Syftem of our great Boards at Home, upon the Knowi '' ■■': of which much de- pends, caiiiiot draw their Refent- ment upon me ; but if, contrary I ta my Expedation, any Perfonl in Power takes Offence at my Condu£l, I humbly hope that on due Refledion they will change | their Sentiments. And that fuch| of our young Senators, who may | take the Trouble to read this Dif- courfe, will be pleafed to acceptl of my Endeavours to explain to them the Syftem of out ^merh\ can Offices,, from which great Ad- vantages may arife to this King- dom in the future Cohduft of our| Affairs. FINIS. De- four n the h de- efent ntraryl f^rfon| at my! hit oft] change! It fticli lo itiayi lis Dif- ) acceptl plain tol Anter'n reat Ad- is king-l a of out