Minutes of HM Council: 24 May 1725
Att a Council holden this 24th day of May 1725 at His Excell'ys House in St Georges.
Present:
His Excellency the Governor
Coll John Trimingham
Samuel Sherlock Esq.
Lt Coll Wm Outerbridge
Maj Henry Tucker
Andru Auchinleck Esq.
Capt Thomas Parsons
Capt Daniel TuckerOn this day His Excelly. the Govrn. made the following Speech and it was ordered to be recorded.
Gentlemen, "I have call'd for you here to-day to take your advice and to be witness to my actions.
Capt George Tucker, Secretary & Provost Marshall Genl. of these Islands has with great industry spread a report that I do design to suspend him- He certainly does deserve it (as will appear) but I here declare I never dream'd of Suspending him till two days ago. At my arrival in this Country, I found the Secretary's Office in very great disorder and I very quickly found out that George Tucker the Patentee was no way qualified or capable to execute his office nor indeed is he fitt for any manner of business.
I was for this reason (which you all know) that I allow'd his sons Rich'd and John Tucker to officiate; the first as Secretary and the other as Provost Marshall; and they were actually deputed, qualified and allow'd by me in the manner required by law and by His Majesty's Instructions. Some months ago, john Tucker desired leave to lay down his Deputation, which was accordingly granted. And Rich'd Tucker every way very well qualified for that office (had he been but honest) might there have remained still; for I actually did recommend him to the Duke of Newcastle for to be Patentee; But for his treachery, and his ingratitude to me, is too well known over all these Islands; his connivance at the escape of a Sloop which carry'd off two persons without tickets (one of which there was actually a caveat in his Office against) is plain by the Lett Pass of the said Sloop which is still in my hands; in his presence I signed that Lett-Pass together with the Sea-Brief & Sailors Tickett Ordering him at the same time in these words; "Mr Tucker take care that you do not give David Burch his clearings till such time as he produces this (the Lett Pass) to you."
What his behaviour was & how the Plant'd Bonds have been taken care of the Plant's Bonds if look'd into best can tell and for these reasons chiefly it was that I ordered George Tuxker, the patentee, to do his duty himself. George Tucker the Patentee at first seemed very sorry and dejected at his son's behaviour; upon which I told him, that I meant him no harm but that there was an absolute necessity for him to officiate at which he seemed then very well satisfied, for with tears in his eyes he declared that he'd serve my Excellency Faithfully to the utmost of his Power, yea were it to lay the hairs of his head under my feet, etc.
He has since that time, till within these two or three days officiated in some measure, if blundering lying and excuses can be admitted for the neglect of his Duty; as does fully appear in the hearing before me betwixt the said Patentee and Mr Robt. Dinwidee Mercht and in order from me to him directed for the calling in of the King's powder.
Mr Dinwiddie's complaint, charges the Patentee with the malversation in his duty, & prays for a hearing before me as Ordinary. An order is granted thereupon, commanding the s'id Tucker and Dinwiddie to appear accordingly.
When the day of appearing comes, George Tucker instead oc complying, presents a petition praying that he may be heard before me in Council.
I wav'd taking any notice of this manifest disrespect of his in declining of my authority as Ordinary; & I even condescended to issue an Order commanding the said Dinwiddie and Tucker to appear before in Council.
Everything relating to this affair was read before this Board and it stands now upon record, that the affair did not lye before the Council.
I have since reheard the dispute; & it appears that all the Officers & Persons concern'd have been Deficient in their duty, particularly the Provost Marshall.
About 18 months ago I asked the advice of this Board concerning the calling in of the King's Powder, long since lent out to private persons- Your advice Gentle, stands upon record and pursuant thereto I issued an order to the then Depupt. Provost marshall begg'd pardon for the Neglect: same as your advice directed.
This order was never executed; and when I challenged the reason why it was not, George Tucker, Provost Marshall begg'd pardon for the Neglect; but at the same time told me there were several people that would not pay; nor he that he believd they wou'd not comply unless I granted an execution. An Execution was granted with the allowance of Ten days for the performance. This Execution George Tucker, Provost Marshall himself has Executed contrary to law & without the allowance of ten days therein specified for complyance and with a desire to render my Orders Odious to the Country has actually distres'd several people who never refused to pay. Having got information of this I sent for him; he sent his excuse that he was not well. I ordered this messenger John Tucker to order him to attend his office for I would sign no papers from thence but what he laid before me. About twentyfour hours thereafter he came to Town, but I would allow his son John Tucker to bring the Office papers to me this was granted; and next day early Capt George Tucker went to the Country, leaving behind him a deputation (as he means it) to John Tucker to Execute Officiate the Posts of Secretary & Provost Marshall Genl. of these Islands. This deputation is dated the 16th day of April last during all of which time to that very day Saturday the 22 of this month the Paptentee has officiated.
He has not so much as ask'd my consent, nor had he ever offer'd or asked to Act by Deputy. This pretended Deputy had neither given security for the Faithful Discharge of his Trust, nor has he been qualified according to law; But with the same independence has taken upon him to officiate in teh said Offices without so much as once signifying to me that he had accepted of such a Deputation.
Nor does it seem that either of them is willing to give me Notice thereof, until that Necessity obliged them thereto; for had it not been for the demand of the Governor's Fees which were called for as usual upon Saturday last, this Deputation would still have reamined a Secret.
And it is not amiss here to remark, that though the patentee refus'd to wait on me, (by reason of health) & tho he has usurp'd a power of appointing a Deputy contrary to law, & contrary to His Majesty's instructions without my consent or appropation: yet he had health enough to come from the Country to the Office and to take away with him the Govern' money (notwithstanding his Deputation) Fpr the Deputy tho he pretends to a power to officiate he own'd that he had neither power, nor money to pay the fees, till his Father the Patentee came to Town.
Gentlemen I have already told you that I want your advice and I likewise have assured you that I have no design to do this simple man a prejudice nor do I design to suspend him provided he will but behave himself like a Rational Animal; For I really have always look'd upon him as an object of Compassion. He now attends without I desire he may be called in that the following proposals may be made to him viz
1. That he will Execute his offics himself or
2. That he will appoint any Deputy or Deputies in a legal manner, as Commanded by His Majesty's 52nd. instruction to me given (Richard Tucker & John Tucker his sons only excepted)
Upon which Capt Tucker, Secretary, desired twwentyfour hours to give his answer to the Governor which was granted.
This day thanks was given to Andrew Auchinleck Esq. for his care of the Minutes of Council and it was ordered; that Mr John Carter attend the next Council day in order to be qualified as Clerk of the Council and to take into his Custody the Minutes of Council.