Publication*
C;,B.
?ub
C
CALENDAR
OF
COLONIAL SERIES
AMERICA AND WEST INDIES
1728-1729
PRESERVED IN THE
PUBLIC RECORD OFFICE
EDITED BY
CECIL HEADLAM, M.A.
WITH AN INTRODUCTION BY
ARTHUR PERCIVAL NEWTON, D.Lit., F.S.A.
Rhodes Professor of Imperial History in the University of London,
Fellow of King's College, London.
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CONTENTS
PAGE
CORRIGENDA iv
INTRODUCTION v
CALENDAR 1
GENERAL INDEX - 589
The reference " A.P.C." is to the printed Acts of the Privy
Council, Colonial Series, " Journal " to the printed Journal
of the Commissioners for Trade and Plantations.
NOTE. etc. printed in italics in the course of the text indicates
that matter merely repeated or of no importance is there
omitted. Phrases in italics are summaries of matter of
slight importance. Words printed in italics between square
brackets [thus] are suggestions by the Editor where the
MS is rubbed or torn.
m
CORRIGENDA
p. 27. no. 39. For " drying " read " dyeing."
p. 33. no. 50 i. For 13th Jan., 1727 read 13th Jan, 172|.
p. 362. wo. 688. For " Josiah Millard " read " Josiah
Willard."
In the numbering of the documents the numbers 242 to 260
inclusive have been omitted by inadvertence. There is no gap
among the documents as calendared.
IV
INTRODUCTION
While 1726 and 1727 were comparatively quiet in British
colonial affairs, the two years covered in this volume, 1728 and
1729, were full of business. This is indicated in its size
as compared with that of the preceding volume. The text of
the Calendar for 1726-7 covered 432 pages and included 854
items ; that for 1728-9 fills 588 pages and 1068 documents are
abstracted.
I.
GENERAL.
In the colonies, as in the field of European politics, the out-
standing feature of the period was the culmination in war of
the long-standing and acrimonious disputes between England
and Spain over the commerce of the Indies. There was
no formal declaration of a state of war, there were no campaigns
on a large scale, and save for Spain's unsuccessful operations
against Gibraltar, hostilities were practically confined to the
attacks of Spanish privateers and guarda costas on British
commerce in American waters. From these papers it is
impossible to get a connected narrative of the naval operations
by which Great Britain was attempting to cripple Spain by the
blockade of her treasure fleet, but we learn that at the beginning
of the period Admiral Hosier was still cruising with his squadron
off Cartagena (33), and it was said that the galleons lying there
were so rapidly deteriorating that it was doubtful whether they
would be seaworthy enough for the voyage to Europe. (43).
From time to time we get glimpses from the Jamaica despatches
of the difficulties that our commanders had in maintaining the
blockade. They had to keep their ships supplied from the
base at Port Royal, and the narrow self-interest of the colonists
hampered them at every turn, but the colonial papers only
give a few side-lights to the naval historian upon what was
going on.
VI
COLONIAL PAPERS.
Admiral
Hosier
and the
Jamaican
planters.
Depreda-
tions of the
Spanish
privateers.
The agent in Jamaica of the contractor for victualling the
Navy wrote to the Secretary of State to complain of the passage
by the Jamaican Assembly of an Act which would have the
effect of monopolising the rum produced in the colony for the
benefit of the planters and middlemen to the detriment of the
navy. Much of the sickness that was crippling Hosier's crews
off Cartagena was attributed to the scarcity of rum, and several
times the Admiral was obliged to quit the coast and thereby
give opportunity to the Spaniards to escape his blockade.
Because of the hardships imposed by the Jamaicans upon the
rum-contractor and their insistence upon exorbitant prices,
he threw up his contract at the very juncture of Hosier's
operations against Porto Bello, and his successor could only
break the ring by bringing in rum from Barbados direct to the
ships in Port Royal harbour and refusing to pay any Jamaica
dues. (179).
Our ships could meet with nothing out of harbour, the
Spaniards showing no willingness to fight but keeping close in
port under the guns of their batteries. (35). This not only
caused their vessels to deteriorate (119) but led to much slack-
ness in the British ships which spent much of their time at Port
Royal. Trade was stagnant, and the effect of the depredations
of the Spanish privateers was felt as far North as the waters
off the coast of New Hampshire, (71), but the embargoes upon
either side, though they caused losses and inconvenience to
the merchants, led to no result, for they were not vital to the
fortunes of either side. The Spanish privateers were well
armed and well led, and they let nothing escape them off the
Jamaica coast, (p. 95) so that it was difficult for the Governor
to get his letters through to England, (185). The operations
of the privateers off the coast of Virginia compelled the intro-
duction of a convoy system (p. 126) that was much disliked by
the merchants but was essential to the safety of their ships,
and in every direction there was constant irritation. The news
of the assembly of the Congress of Soissons to arrange the
preliminaries of peace that reached them in June 1728 was
welcomed with relief in the colonies, and the merchants hastened
to prepare claims for compensation for the losses they had
INTRODUCTION.
vn
Boundary
claims and
counter-
claims.
Frontier
atrocities.
Threatened
Spanish
attack on
Jamaica.
suffered at the Spaniards' hands over a period of years (e.g. 233
and enclosures). A British despatch boat arrived in Jamaica
at the beginning of June carrying orders for the Spanish viceroys
for the cessation of arms, (239), but those orders made little
effect upon the activities of the privateers.
The Board of Trade was directed by Newcastle to prepare a
memorandum upon the disputed claims to territory in America
and especially to the right to cut logwood in the Bay of
Campeachy where many of the Spanish confiscations had taken
place. The order was given on May 9 (191) and the Commis-
sioners did their work as expeditiously as possible in order to
prepare a brief for the British plenipotentiaries at Soissons.
When they presented their report at the end of June (291),
it set forth an interesting resume of the rivalry with Spain on
the Carolina boundary and in the West Indies since the reign
of Charles II. The Government were able to place this report
side by side with the budget of correspondence that had passed
between the Governor of Havana and President Middleton,
acting-Governor of South Carolina showing how complaint was
answered by complaint and what a complicated wrangle had
gone on (281 and many enclosures).
Middleton's long covering letter (281) proved what a
scrambling and cruel struggle had been going on in the unsettled
frontier regions near the Altamaha River. The disputes about
Fort King George have been mentioned in previous columns
of the Calendar, and the rival attempts to stir up the Indians
on either side with their stories of raids, burnings and scalpings
in the border settlements remind one on a smaller scale of the
more celebrated frontier struggle between the French and the
English in the Ohio country a quarter of a century later. The
conditions of American border warfare were the same whether
in the north or the south, near the Great Lakes or between
Carolina and Florida.
The news of the publication of orders for the cessation of arms
reached the West Indies in July, (324), but the Spanish privateers
continued their depredations, as we learn by the complaints
from many of the island colonies (394). By September it was
clear that the negotiations at Soissons had failed, and the
Vlll
COLONIAL PAPERS.
New
fortifica-
tions.
Treaty of
Seville.
Government learned that the Spaniards were making
preparations to despatch naval reinforcements from Europe
and were planning hostilities against the British West Indies
on a more considerable scale (394). It was believed that
Jamaica was threatened, and Governor Hunter was warned
to put the island immediately in a state of defence. Thence-
forward for the next twelve months the despatches to and from
Jamaica were filled with discussions , of the fortification of the
island and the accounts of the Governor's incessant activity in
carrying-out the orders that had been given to him (see especially
601, 604, 605, 621, 677, 690, 780, 835). Plans for counter-attack
were also considered ; an examination was made of the contri-
butions that might be expected from the North American
colonies to any expedition against the Spanish possessions in the
West Indies. (539), and Colonel Hart, lately Governor of the
Leeward Islands, was consulted about a plan for attacking
Porto Rico (698). Walpole was a peace-loving Prime Minister,
but he clearly had no intention of being caught napping if his
elaborate diplomatic moves in Europe should fail and war
should threaten vital British interests on a considerable scale.
It was the well-understood principle that H.M. Plantations
abroad and especially the most considerable of them were to
provide themselves with the necessaries for their defence (p. 408),
but the circumstances of Jamaica were so specially dangerous
and the Government was so concerned with the preservation of
so valuable a part of the Dominions in America that they were
willing to furnish the island with ordnance and all manner of
necessary stores from home, and Governor Hunter was thus
assured that the new fortifications he was building (835) would
be properly supplied, although no provision for them had been
made by Parliament (780). However, by June 1729, it appeared
that the preparations in Spain against Jamaica were suspended,
and although the privateering against British ships in the West
Indies continued, things seemed to be moving towards an
accommodation of the disputes between the two powers. The
course of events was set out in a memorandum, probably
prepared by Charles Delafaye for the Duke of Newcastle, and
though it is not dated, it was certainly prepared in the latte
INTRODUCTION.
IX
part of 1729, (1055), after the negotiations for the Treaty of
Seville had commenced or possibly after its conclusion. That
took place in November 1729, and England and Spain were
formally at peace once more just as our period closes. The
peace was clearly a precarious one, and the writer of the
memorandum congratulated the ministry that at any rate the
preparations that had involved so much trouble and expense
would not have been wasted, for Jamaica was in an excellent
state of defence against any future eventualities (p. 580).
Questions
under the
Neutrality
Treaty
of 1686.
The friendly relations subsisting between France and Great
Britain were reflected on their colonial frontiers, and the
despatches contain fewer references to border friction than
usual. The Treaty of Peace and Neutrality of 1686 was regarded
as still being in force, and an interesting question arose under
the provisions of its fifth and sixth articles and was referred
to the Law Officers for their interpretation (195). By them
reciprocal power was given to the two kings to seize and
confiscate the ships and cargoes belonging to the subjects of
either which should carry on trade contrary to the articles.
Thus French ships trading with British colonies were liable to
condemnation by H.M. Courts in the Plantations and vice versa.
It was admitted that the British authorities could seize such
ships, but the question was asked whether an obligation was
laid upon them to seize British ships known to be lading for
illicit trade with the French colonies contrary to the provisions
of the treaty. The Attorney General, Sir Philip Yorke, and
his colleague gave the opinion that there was no obligation to
this effect in the treaty, and that if it had been intended, it could
only be carried into effect with regard to British subjects by
confirming the Articles either by an Act of Parliament or by
Acts of Assembly within the respective Plantations, (230).
As certain of the colonial Governors had acted in a contrary
sense and had proceeded to a condemnation of British ships
under pretence of contravening the treaty by trading with the
French colonies, an Order-in-Council was issued to the Board
of Trade directing the preparation of Instructions for the
Governors to prevent it and the consideration of new laws to
COLONIAL PAPERS.
French
intrigues
among
the Indians.
Decline
in the
functions of
the Board
of Trade.
be passed in the Plantations to prevent British subjects from
importing the products of the French Plantations. (238).
The long standing difficulties about French intrigues among
the Indian tribes along the northern part of the frontier were
less noticeable than in earlier years, but there is an interesting
memorial from a trader of French birth but British allegiance,
who had lived for many years among the Cherokees and Creeks
along the border of South Carolina, showing that similar intrigues
were being carried on among those tribes to bring them under
French influence, and it proves that French designs were not
confined to the northern tribes but were inclusive of the whole
length of the debatable frontier beyond the Alleghanies from
north to south (396), thus containing the germs of much future
trouble. The long-standing rivalry between the French and the
English in the Windward Islands will be referred to later when
we come to deal with the West Indies.
Turning to points of general interest relating to the govern-
ment of the colonies, we find many indications that the functions
of the Board of Trade and Plantations were suffering the decline
that was referred to in previous Introductions. Though the
Board was constantly receiving orders to make enquiries into
colonial affairs and furnished elaborate reports of the results
of their deliberations, there is no doubt that the effective dis-
cussion of such matters took place in the Committees of the
Privy Council where the decisions were taken, to be embodied
in Orders-in-Council or to be conveyed in letters from the
Secretary of State to the Governors of the colonies concerned.
Thus, when in November 1728 serious complaints were received
from the Attorney- General of South Carolina against the
proceedings of President Arthur Middleton, Acting-Governor
of the colony, the Duke of Newcastle did not refer them to the
Board of Trade but to the Lords of the Committee of Council
tp consider what action should be taken to replace him. (498 i).
The method adopted in this and many similar cases seems to
contain the germs of the modern system of discussion in Cabinet
committees ; the Board of Trade might be consulted, but it
was purely in an advisory capacity for providing information
INTRODUCTION. xi
upon which the Committee of Council could take action. The
Privy
Council President of the Board of Trade, the Earl of Westmoreland,
was in a far more powerful position than any other member of
the Board, for he was also a member of the Council Committee.
This decay of the Board was fully realised by those concerned
with colonial affairs, and there is an interesting memorandum of
1728 calendared here (514), that was probably prepared by Martin
Bladen, which sets forth the essentials of the question. The
business of the colonies before the Privy Council (i.e. the effective
Council corresponding to the modern Cabinet) was usually very
much in arrear owing to the pressure of other business, and the
writer of the memorandum proposed that the Council should
set apart a certain day a week or a fortnight for Plantation
affairs, and that when Lord Westmoreland was absent from
Town another member of the Board might always attend to
give any information that was wanting to explain the subject
matter of their reports (pp. 270-1). The President of the Board
of Trade had no personal access to the King, as the Chief of
the Treasury and the Admiralty had, that is to say, effective
action could only be taken by the Committee of Council. Both
the writer of the memorandum and Sir William Keith, lately
Governor of Pennsylvania, whose memorial to the Crown
(513 ii) he was considering, proposed that this measure of
reform should be adopted, as the Board had proposed on
previous occasions (p. 271), but the idea ran counter to the
general course of the development of Cabinet authority and it
did not commend itself either to Walpole or to Newcastle.
The decay of the power of the Board in relation to colonial
The JP* rd appointments was marked, and at times they protested. Thus
and Colonial in August 1728 Governor Hunter of Jamaica wrote, not to
appoint-
ments, the Board but to the Duke of Newcastle, to recommend the
choice of Mr. Alexander Forbes to be a member of Council (342).
This was regarded by the Board as a slight upon themselves and
their Secretary, Alured Popple, without being formally
instructed wrote to the Governor thus. " They [i.e. the Board]
have recommended Mr. Forbes to be of the Council as you have
desired. Upon this occasion I must observe to you that the
Board have ever thought themselves by virtue of the Com-
xii COLONIAL PAPERS.
mission the proper persons to judge of the qualifications of those
who are recommended to be of any of H.M. Councils in America ;
and therefore you will do well for the future to make your
application to them. It is true that persons have sometimes
been proposed to a Secretary of State in order to their being
appointed Councillors, but the Board's opinion has ever been
asked, and none has been named but upon their recommendation.
This I don't tell you by order of the Board, but I thought it
might be of service to you to receive this private information."
(469). However, when the Order-in-Council was issued formally
appointing Forbes, it was stated to be " as proposed by the
Council of Trade " (503), and so their face was saved. But
there can be no doubt that the Board commanded little credit
either at home or in the colonies. In his dispute with
Massachusetts, for example, Colonel Dunbar had to protest
in support of the Board's report upon his schemes that " they
are not a set of broken merchants, as some people [in Boston]
take the liberty to say, but men of quality, character and
fortune, and members of either House of Parliament." (1042 ii).
The insatiable demands of the Board for information were
demancTstor a l wa y s somewhat neglected by the smaller colonies and
information, especially by those without Royal Governors, for the authorities
there knew that there was no way of effective reproof and they
were anxious to escape the labour of collecting the data required.
As a rule, the Board seem to have let things slide, but occasion-
ally they bestirred themselves and circular letters were written
to demand answers to their enquiries. Thus in June 1728 they
wrote to Connecticut, Rhode Island and Maryland, which had
been particularly slack in complying with requests for infor-
mation. " It is H.M. pleasure and express command that the
Governors of all his foreign Plantations do from time to time
give unto us frequent and full information of the state and
condition of their respective Governments and Plantations,
as well with regard to the administration of the Government
and justice in those places, as in relation to the commerce
thereof : and more particularly that the said Governors
transmit unto us yearly accounts of their said administration
by way of Journal, together with the Acts of Assemblies." None
INTRODUCTION. xiii
of these had been regularly supplied by the colonies concerned,
and in fact papers from them are noticeably lacking among the
documents here calendared. The Board went on to say " We
remind you of sending over a complete collection of the laws,
which has been so often promised some years ago by several
Governors, upon letters writ them from the Secretary of this
Board for that purpose." (289). But no compliance with
these requests could be secured and no answer appears to have
been received. As is recorded upon the endorsement, duplicates
of the letters had to be sent in 1731, and the incident illustrates
the passive neglect by these smaller colonies of the regulations
by which they were nominally bound.
In December 1729 the Commissioners were ordered to make
a general representation upon the state of the king's islands
and territories in America and they forwarded two circular
letters, the first set to the Governors of the island colonies
(1009) and the second to the Governors on the Continent of
America (including the Governor and Company of Connecticut
and Rhode Island), (1011), setting forth a series of queries to
which detailed answers were required. The queries differed
somewhat in respect of the islands and the continental colonies,
but in each case the Board requested that an annual return
should be made to the queries and that they should be apprised
from time to time of any alterations happening in the circum-
stances of the respective governments. On the same day a
special enquiry was sent to Barbados asking whether the
precautions mentioned in reply to their previous queries in
October 1724 by the appointment of a sloop to prevent goods
running in small creeks had been effective and what might be
done to discourage a smuggling trade with Martinique or other
foreign plantations without burthening the revenue of the
Customs with too great an expense. The Board concluded
with the pointed question " How stand the generality of the
people of Barbados inclined to promote or discourage a
smuggling trade with Martinico or any other foreign Planta-
tions " ? (1010 i), for they had reason to believe that a consider-
able leakage went on not only to the French islands but also
to the Dutch plantations in Surinam. Barbados was in special
XIV
COLONIAL PAPERS.
for
the Royal
Family.
Absentee
Patent
Officers.
relation with the disputed Windward Islands and the settlements
in Guiana just as Jamaica was with the logwood cutters of
Campeachy and the Moskito Shore.
In the Introduction to our previous volume reference was
made to the doubt that arose in certain colonies, particularly
in Barbados, about the form of prayers for the Royal Family
after the accession of George II. The matter was now formally
cleared up by Order-in-Council, and special printed instructions
embodying the new form of the prayers were sent out to all the
Governors of the Plantations (144).
The question of patentee officers and their employment of
deputies gave rise to the introduction of special clauses into
many of the new warrants of re-appointment which were
necessary at the beginning of the reign. A series of such letters
of re-appointment will be found under date 29 February 1728,
and it appears that Colonial Secretaries held office during
pleasure and were required to reside and not " be absent
without H.M. leave." Similarly Attorneys-General and Chief
Justices were required to reside, but no such provision was
inserted in the warrants for Clerks of the Market. The Clerk
of the Navy Office in the Leeward Islands could serve by deputy,
but the Naval Officer at Piscataway was required to reside,
(73-87 inclusive). It is impossible, however, to be certain
whether there was a settled policy in regard to any but key
appointments or whether favouritism was shown by Newcastle
in particular cases, of which he has sometimes been accused.
There was certainly something other than principle at work in
such a case as that of Thomas Windham. On 29 February 1728
he was re-appointed Register of the Chancery Court and of
Patents in Jamaica, and a clause was ordered to be inserted in
his warrant obliging him to reside. (75). But on March 21
a fresh warrant was issued to him granting licence of absence
to him and permission to exercise his office by deputy, " he
having humbly represented that being employed in [the king's]
service at home, he cannot without prejudice thereto, as well
as to his own private affairs, attend the said office in person."
(126). We have here, in fact, a patent job in favour of a member
of the powerful Windham family.
INTRODUCTION.
xv
Payment
of officers
by fees.
Absentee
Councillors.
In even the larger of the island colonies, where there were no
salaries attached to offices and the holders were paid by fees,
these were so small in amount that one man had to hold several
offices to make a living. Thus Francis Whitworth was at the
same time Secretary of Barbados, Secretary to the Governor
and Council and Clerk of the several Courts. He had to provide
an office and stationery and employ clerks to copy the Minutes
and Acts, but he found it difficult to obtain payment of his fees,
and in 1728 they had been mounting up for nine years and had
reached the sum of over 1300/. which he had to petition the
Crown to recover from the Barbados legislature (268, 288, 364).
Barbados was prolific in Pooh Bahs, of whom William Webster
was an outstanding example. He was at the same time Deputy
Public (i.e. Colonial) Secretary, Deputy Secretary to the
Governor and principal Agent, Major of the Guards, Master
in Chancery, Captain and Chief Gunner of the forts, Surveyor-
General and Captain and Commander of the Magazine Guards.
This peculiar combination of administrative, military, legal and
technical offices in a single person was exceedingly unpopular
even in a colony that was used to such things and Governor
Worsley was hard put to it to justify his acquiescence in the
scandal, (pp. 198-9).
Constant absence from their duties was a regular cause of
complaint not only against the officials but also against the
members of Council in various colonies. The Board of Trade,
for instance, noted that various councillors of St. Christopher's,
Antigua and Montserrat had been in England for a long time
to the neglect of their duties and courteously demand explana-
tions and an indication when they proposed to return to
the islands (158, 164 etc.). In various cases they could
obtain no satisfactory answers, and since the Governors
often complained that they could not get a quorum to carry
on the work of the Councils, the Board from time to time
proposed the dismissal of Councillors who had long been
absentees. Such complaints were far commoner in the island
than in the continental colonies, and in the large northern
colonies Councillors were rarely absent from their duties for
long periods. The Councillorship was regarded as an honour
xvi COLONIAL PAPERS.
to be sought after, and those who were appointed performed
their duties zealously as a rule.
Payment of members of the Assembly had been introduced
m man y of the colonies, and we shall note later when we come
of the to speak of the disputes in Massachusetts that this imposed a
Assemblies.
considerable charge upon the colony. In Virginia some
interesting constitutional points arose in this connection that
date back in their origin to the English Parliaments of the
fifteenth century. By constitutional precedent the salaries
of the burgesses for their days of attendance were chargeable
only on the inhabitants of the respective counties by whom
they were chosen (p. 124), but in 1728 the burgesses passed
a resolve for paying their own attendance in Assembly out of
the public funds raised by a duty on liquors. This resolve,
being sent up to the Council for their concurrence, was rejected :
whereupon the burgesses immediately prepared a bill to apply
the public funds in the hands of the Colonial Treasurer towards
the discharge of their salaries. But this was even more distaste-
ful to the Council and was thrown out by a larger majority
than before to the great discontent of the House of Burgesses
(p. 123). They insisted that the duty upon liquors was raised
to lessen the levy by poll tax, which had been appropriated to
the payment of their salaries on previous occasions. But the
Council maintained that it was charged equally on all the
people of the colony, and that it would be an unequal distribution
of the public money to allow the same share of it to a county
having a thousand tithables (i.e. tax payers) as to one having
three thousand. The Act of Assembly which appointed salaries
to the burgesses expressly provided for them to be paid by the
respective counties, and the Council would not consent to
another system while the Act subsisted, (p. 124). Lieutenant-
Governor Gooch was very much concerned at this dispute, which
he feared would be detrimental to the peace of his adminis-
tration, and appealed for special instructions from the Board
of Trade as to what action he was to take, but no immediate
answer seems to have been given.
The same matter arose in New York and it is interesting to
note that a similar process was going on to what had taken
INTRODUCTION.
xv n
Powers of
the
Assemblies.
Survival
of early
constitu-
tional
practices.
place in England in the sixteenth century when the practice
of paying members' wages fell into disuse. Every county of
the Province was by some act or other obliged to pay their
representatives, but some of them agreed beforehand to serve
for nothing, others made bargains at a rate under what they
supposed they were authorised to demand. Others again made
higher demands than the supervisors of the county thought
they were entitled to, some demanding ten shillings and getting
it, others contenting themselves with six shillings because they
could get no more. To settle the disputes Acts of the Assembly
had to be passed fixing the amount, (p. 474).
The vexed question of the powers and procedure of the
Assemblies appeared again during this period in certain colonies
and notably in Barbados. The Assembly there maintained
that they had the same powers as the House of Commons in
Great Britain and that they had a coercive power to call before
them such persons as were able to give evidence relating to
grievances and to send for persons, papers and records for the
discovery and redress of such grievances. Their demand for
such powers had been denied as far back as the time of King
William III, but it was brought up again by the Barbados
Assembly in connection with their dispute with Governor
Worsley over fees (390, pp. 200-1). In Jamaica, contrary to
the practice of the Councils in the continental colonies, the
Council claimed a right to sit by themselves when in their
legislative capacity, but this Governor Hunter emphatically
disavowed and insisted that he must be present. (392).
Another case of the survival of earlier English constitutional
practice in the colonies appears in relation to the Courts of
Chancery. The Governor was entitled to sit as sole judge in
Chancery, and in Barbados serious complaint was made that
Governor Worsley was accustomed to issue injunctions in that
judicial capacity which obstructed the proper course of justice.
In reply to those complaints the Governor admitted that he
issued injunctions, but maintained that they were lawful. He
stated that upon his arrival in Barbados he found that writs
of injunction were granted till the merits of a cause should be
heard, even after judgment had been given in the lower Courts,
\Vt. 1525 C.P. XXXVI B
xviii COLONIAL PAPERS.
whence sometimes the cause did not come to be heard in four
or five years. He granted such injunctions only till answer and
further order, so that in two months time by motion it might
come before the Court of Chancery, and upon hearing the merits
of the petition the injunction might be continued or dissolved,
(p. 101). The Governor went on to make a rule as to costs,
which shows that he was in such matters exercising judicial
functions in person, thus mingling them with his proper
executive functions, and giving rise to the confusion of powers
which later in the century became such an important cause of
grievance in the colonies.
The same matter arose in Antigua, where by an Act of 1715
no Court of Chancery could be held unless the Governor was
personally present in Council (p. 294), and an amending Act
had to be passed to permit the Lieutenant-General of the
Leeward Islands, the Lieutenant-Governor of Antigua or the
President of Council to serve in the Governor's absence. The
Court consisted of him and five members of Council, and the
provision for a substitute would save the suitors of the Court
" the charges of sloop hire in following the General [Governor]
for the Great Seal, when he is absent, and also freed from the
danger of losing their process as well as exposing their persons
which men are so often liable to who frequent the seas." Great
difficulties, too, occurred about injunctions. An injunction
that had been dissolved by the Governor and Council at Antigua
sitting as the Court of Chancery was sometimes upon application
to the Chief Governor revived by him alone, so that contrary
orders and rules were made and very great delays and charges
thereby accrued to suitors, (p. 294).
Such complaints are exactly reminiscent of those that were
common in England four centuries before, when the fact that
the Great Seal followed the Court in its progresses gave rise to
great inconveniences. The trial of actions before the King
in person had long disappeared from English practice, but here
in the West Indies we find the Governor, the King's
representative, administering justice in his own capacity,
although a layman without legal training. We may almost
look upon the colonies as places for the survival of early legal
INTRODUCTION.
xix
Chancery
jurisdiction
in
New York.
forms, as in our own day the remoter mountain communities of
America have been found to have preserved primitive folk
music.
In New York the troubles over Chancery jurisdiction became
serious. The Court of Chancery occasioned more uneasiness
to Governor Hunter and his successor William Burnet than
all the other parts of their administration. It was strongly
contended by one party in the colony that Governors were by
law incapable of being the sole judge in Chancery, and that
establishment of that or any other Court of Equity save by
Act of the General Assembly was illegal. Another party, not
so violent, planned to have a Court of Chancery established
in the Governor and Council, i.e. similar to the plan we have
noticed in Antigua, but Governor Montgomerie found the people
so divided and yet so stubborn in their opinions that he would
not act as Chancellor until he had special directions thereupon
(p. 254). This discontinuance of the Court of Chancery to the
great prejudice of all those who had causes depending there
was attributed by Lewis Morris, Chief Justice of the Colony,
as due to a timid and pusillanimous condescension in the
Council and the Governor in the insolent pretensions of the
Assembly. (827). In his letter there was enclosed a printed
paper published by Governor Hunter in 1713 in reply to the
resolution of the Assembly that the erecting or exercising a
Court of Equity or Chancery without consent in General
Assembly was contrary to the laws of England and a manifest
oppression. (827 iii). The dispute had thus been going on for
fifteen years at least before Montgomerie came upon the scene.
The lead against the contentions of the Assembly in this
matter was taken by Chief Justice Morris, and Richard Bradley,
the Attorney-General of New York, was also in conflict with the
Assembly. Some of their disputes were only of interest to New
York, but other matters were included that have a general
bearing upon the constitutional history of the colonies and the
desire of the assemblies to whittle down the Crown's prerogative.
One of these concerned prosecutions by informations. By
Common Law the King in the person of his Governor had the
power of prosecuting by information without the leave of any
XX
COLONIAL PAPERS.
of the subjects. The Assembly attempted to limit this power
by passing an Act vesting it not in the Governor with the
Supreme Court's advice but in the Governor in Council, where
the members and their friends might prevent action in cases
affecting themselves. As the Attorney-General told the Duke
of Newcastle, it was generally believed that the leading men in
the Assembly had formed a design not only to screen themselves
and friends by this law from all prosecutions of this sort, though
never so just or necessary, (which seemed to be almost the only
means the Crown had to check the levelling spirit that too
plainly appeared among the generality of the people of the
colonies), but also to break in upon and weaken H.M. prerogative
and interest. (4, 5).
Another direction in which the Assembly of New York was
signature attempting to limit the prerogative as administered by the
warrants. Governor was concerned with the signature of warrants for the
payment of moneys out of the Treasury. By their Revenue
Bill of 1726 the Assembly had voted strict appropriations for
various objects, including officers' salaries. Governor Burnet
had paid these salaries without a strict compliance with the
votes, and in retaliation in passing their next Revenue Bill for
five years they lessened the support of the Government from
what it was before, reducing the salaries of those officers who
were unpopular with them. Governor Montgomerie felt himself
bound to reduce some salaries in proportion to the reduced
amount of the Revenue voted, before he drew the warrants for
their payment. He did this according to his own discretion
after informing himself of the services of the respective officers.
(pp. 421-2). In the case of Chief Justice Morris, his son who
was a member of Council objected, and the Governor took the
unusual course of putting the question to the Council whether
they would advise him to sign the warrant for the reduced
salary. This was the first recorded instance of the Council's
advice being particularly asked about the Governor's signing
salary warrants. They advised him to sign this and the other
warrants, but Lewis Morris raised the whole question by a
formal protest, which Governor Montgomerie forwarded to
Newcastle. He maintained that, if the Assembly's contentions
INTRODUCTION. X xi
about appropriations were accepted in order to keep peace with
them and persuade them to vote the revenue as the Governor
was planning to do, the royal prerogatives would be seriously
infringed. " The resolutions of the Assembly " he said
" compared with the conduct of some Assemblies in H.M.
American Dominions too evidently show with what views those
resolutions are made and of what dangerous consequence to
H.M. interest and prerogatives in his American dominions the
giving them so great an encouragement to persist in their
exorbitant demands and encroachments on the royal prerogative
as the drawing the salary warrants according to their resolves
will be." (799 i, p. 424).
In the whole of this volume there is no greater space devoted
to a single subject than to the question of promoting the supplies
the colonies. o f naval stores from America. The condition of affairs in the
Baltic countries, whence the great bulk of our naval stores
came, was so disturbed and our relations with Sweden and
Russia so strained throughout the whole of this period that
the Government were resolved to put forth strenuous efforts
to find new sources of supply of the materials upon which our
naval power was founded. We have noted in our preceding
volume how the matter became acute during 1726 and 1727,
and here our first document of importance on the subject is an
Order-in-Council, (50), to the Board of Trade directing them to
consider and report immediately upon a memorial presented
by the Lords Commissioners of the Admiralty. They repre-
sented the illegal and unaccountable waste and destruction of
the king's woods in North America and the unjustifiable liberty
of the inhabitants of New England in converting the trees
absolutely necessary for masts to their own use. The contractor
for masts from New England had represented to them that not
only had the timber suitable for masts been destroyed, but
much had been exported to foreign countries. They attributed
much of the trouble to the negligence of the Surveyor-General
of the Woods, Mr. Burniston, who having been appointed in
1718 had never personally been in North America but constantly
resided in England and never even gave them any account of
xxii COLONIAL PAPERS.
his proceedings, even by deputy. The Lords Commissioners
represented that it was absolutely necessary that the Surveyor-
General should constantly reside in North America and employ
his utmost care and skill not only in surveying the king's woods
there and preserving them from waste, but in instructing and
encouraging the inhabitants to propagate all sorts of stores
which the country would produce. Thus American pitch and
turpentine might be substituted for that of Sweden and Russia,
Virginian for Riga hemp, and so on. (pp. 34-5).
The Earl of Westmoreland, who had been present at the
Council when the Admiralty memorial was considered,
represented to the Board the seriousness and urgency of the
problem, and it was at once decided to call into counsel Colonel
Spotswood, late Lieutenant-Governor of Virginia, (Journal,
pp. 383-4) and to request him to give his opinion in writing.
Other gentlemen and merchants familiar with the northern
colonies were also summoned (Journal, p. 389), but it was from
Col. Spotswood that the most valuable information was received.
Within a fortnight after receiving the order he returned a full
and detailed letter (94, pp. 47-53) tracing the history of what
had previously been done in regard to naval stores other than
masts and giving also a resume of the state of our trade in such
things with the Northern Powers. The Board at once decided
to prepare a draft for an Act of Parliament " for the better
and more effectual preservation of His Majesty's woods in
America, and encouraging the importation of naval stores from
thence." No time was lost, for on the following day the draft
of the bill was submitted to Francis Fane for his opinion on
points of law, (Journal, p. 389) and thenceforward the Board
considered it from day to day until it was sent with a covering
memorandum to the Duke of Newcastle a fortnight later
(Journal, p. 391 ; 118, 133, 156). When circumstances
demanded, the Board could obviously work with energy and
decision.
The memorandum thus forwarded traces the history of the
King's woods in America and their destruction since the
beginning of the century and the premiums offered for the
production of naval stores, including tar, hemp, turpentine and
INTRODUCTION.
xxm
Appoint-
ment of
Colonel
David
Dunbar
as Surveyor-
General of
the King's
Woods in
America.
Settlement
of Nova
Scotia.
iron, so that it makes a good starting point for a study of the
whole of this important question.
Before the preparation of this memorandum the Board had
already taken into consideration the Instructions to be issued
to Colonel David Dunbar, the energetic Surveyor-General of
the Leeward Islands, who received his commission as Surveyor-
General of the Woods in America at the beginning of January
(Journal, p. 373). He was directed to reside in America in
place of the incompetent Burniston, who had admitted in 1724
that he had left the functions of his office in the hands of
Governor John Wentworth of New Hampshire (Journal, p. 112)
and the Deputy-Surveyor Robert Armstrong whom we have
noted in our previous volume as Lieutenant-Governor of Nova
Scotia. New Hampshire and Nova Scotia, especially the
disputed part of that province lying upon the mainland, were
the regions from which the masts, the most essential part of
the naval supplies, were obtained, appear constantly in the
voluminous correspondence that passed in the succeeding
months, and the question of the promotion of their supply
became merged in that of the formation of a new province in
the regions between them.
The Board fully realised that the question of the supply of
naval stores was connected with the settlement of Nova Scotia
(p. 110) and that the appointment of an energetic Surveyor-
General would promote that object. The instructions to David
Dunbar were very carefully prepared and are here printed in
detail (234 i, pp. 110-2). Additional instructions were sent to
the Governors of New Hampshire, Massachusetts, Rhode
Island, Connecticut, New York and New Jersey directing them
to aid and assist the Surveyor-General and his deputies (267,
286). Dunbar did not go out to America at once, but remained
in London in constant consultation with the Board while he
employed his brother, Jeremiah Dunbar, as his deputy to travel
through New England and put a stop to the destruction of the
woods, which was admittedly rampant. (516). It is impossible
to trace here the results of his energy in detail, and reference
should be made to the documents themselves (notably 303, 359,
517, 547, 564, 627, 638, 670, 753). He became immersed in
xxiv COLONIAL PAPERS.
the project for a new settlement of Palatines to the east of the
Kennebec River and was in frequent attendance at the Board
to discuss it until in May 1729 he received a severe reprimand
ordering him to take up his other work in person and no longer
trust merely to his brother and other deputies (753). Even in
July, however, he appears still to have been in London (892),
leaving the active surveying in America to be carried on by
his deputies, Jeremiah Dunbar and Arthur Slade.
In July 1729 an important memorial was received by the
Board from certain London merchants through Thomas Lowndes
concerning the establishment of a new industry in America
which was to be of very great importance in later years. This
was the preparation of potash in the American woods. The
Emperor of Russia was then the sole proprietor of potash and
pearl ash, and Lowndes maintained that by the returns he had
from those commodities from England, Holland, Flanders and
France that monarch chiefly paid his troops. If that branch
of his trade were affected, he could not make the figure he did
(847) (Journal, p. 56). The merchants represented that English
imports of pot ashes and pearl ashes, which were always bought
with specie, amounted to more than 100,000/. yearly. These
commodities were chiefly used in making soap, which was
absolutely necessary in the woollen manufacture and in dyeing,
as also in bleaching linen. The Russian pot ashes had been
for a long time monopolised by a few persons who could set
what price they pleased upon them to the great prejudice of
commerce (847 i). Lowndes consulted Sir William Keith upon
the project and received his warm support, for he believed that
the American woods were richer in the vegetable salts needed
than European wood. If the people of America were encouraged
to go upon so profitable a manufacture in the winter season when
they had most leisure, it would insensibly draw them off from
employing that part of their time in working up both woollen
and linen cloth (847 i, ii). Lowndes proposed that some
persecuted Protestant families of Poland, who were perfect
masters of that mystery, might be encouraged to settle in North
America. (847 i).
INTRODUCTION.
XXV
Proposals
for new
settlements.
Emigrants
from
Northern
Ireland.
This connection of naval stores and new industries in America
as a method of diverting the colonists from engaging in
manufactures is set out in many of the documents, (e.g. 481,
482, 490, 504). Dunbar's work in regard to it was, as we have
said, soon merged in the schemes for planting the lands between
the River St. Croix, which was the boundary of Nova Scotia,
and the River Kennebec which was that of Maine. (285).
These were put for\vard by Thomas Coram, the celebrated
founder of the Foundling Hospital, and in a long memorial
presented in June 1728 he set forth the history of the tract
and disputed the claim of Massachusetts to monopolise it. It
was loosely included in the region called Nova Scotia, and Coram
maintained that the whole territory from Cape Gaspe to the
Kennebec had finally been ceded by the French by the Treaty
of Utrecht in 1713 so that no interference might be feared from
them (p. 139). He now applied for permission to take up again
the projects he had put forward under Queen Anne and George I
for settling the said tract especially to further the production
of hemp and other naval stores, (p. 140). He proposed to
use veteran soldiers and foreign Protestants and continued
" As there will continually be great numbers of future convicts
condemned in Great Britain and Ireland to serve a term of years
in H.M. Plantations, and to be transported thither at the Crown's
expense as they are now transported : they cannot be sent to
any other part so advantageous to the Crown as to employ them
under strict and prudent management for the service of H.M.
in clearing and cultivating the said waste and derelict land for
the complete furnishing in due time [of] constant and full
supplies of hemp and masts for the Navy, each convict to have
after the expiration of his sentence a small portion of land."
(pp. 140-1). In addition to these convicts many vagabonds
in the Cities of London and Westminster might be apprehended
and sent away, as he [Coram] " had seen above 800 able-bodied
beggars, ballad-singers and other vagabonds seized in one day
in the streets of Paris and sent away to Mississippi." (p. 141).
The Board of Trade do not seem to have been impressed with
the practicability of forming a colony with such wretched
material, but they had other emigrants on their hands and they
XXVI
COLONIAL PAPERS.
Proposed
settlements
in Nova
Scotia.
strove to solve more than one problem at once. It was noted
in earlier volumes of this Calendar that Protestant families of
Irish were emigrating from Northern Ireland and were settling
in the frontier districts of the territory of Maine which was
under the control of Massachusetts. There they were regarded
with great disfavour by the Massachusetts Assembly who
disputed their claims to the lands that had been assigned them.
They were compelled to remove by an Act of the Assembly, and
their farms were devastated in the course of the Indian war.
David Dunbar in pursuit of Coram's scheme now entered into
negotiation with them and applied to the Secretary of State
to employ them as the nucleus of his new colony. He wrote
that there were 600 families of these Irish Protestants who were
desirous of settling on the east side of the River Kennebec, if
lands might be assigned to them, and were living in great distress
upon the small remains of what they had carried with them from
Ireland. (628 i). They did not agree well with the intolerant
and exclusive men of Massachusetts who threatened and
insulted them as foreigners (p. 497), but they were undoubtedly
first-rate colonising material, and, as they desired to settle near
New England, Dunbar believed that it would be more
advantageous to help them to settle in a group than to allow
them to scatter through the colonies further south. He could
not get them to settle in Nova Scotia because of the presence
of the French Roman Catholic Acadians with whom they would
not mix. (630, 631 i).
The Board of Trade were seriously concerned with the
preponderance of French in Nova Scotia, for for want of British
inhabitants that province had been an expensive burthen to
Great Britain ever since it had been ceded by the Treaty of
Utrecht. The French had reaped the real advantages from the
produce of the country, although they refused to take the oath
of allegiance to the Crown (pp. 329, 330). The Board were
therefore adverse to Dunbar's scheme to the east of the Kennebec
and desired instead to make large settlements round Annapolis
Royal and Canso, where they might raise naval stores and further
the progress of new fisheries. They proposed a detailed scheme
for making land grants to new settlers free of quit-rents for
INTRODUCTION. xxvii
some years and to encourage the unmarried men to intermarry
with the Indians and so raise up a Protestant population which
should be a safeguard against the disloyalty of the French.
Though these schemes ultimately came to nothing, they are of
real interest as showing what a large amount of thought was
being given to schemes of assisted emigration and how the
failure to build up a new colony in Nova Scotia was not due to
neglect but to circumstances over which governmental planning
could exercise no control.
Despite the unfavourable attitude of the Board of Trade,
T he Dunbar persisted in his schemes (929) for a new province to be
Province of
" Georgia." called " Georgia " between the Kennebec and the St. Croix
Rivers. He strongly contested the claims of a group of
Massachusetts men under the lead of the turbulent and litigious
agitator Dr. Cook, who called themselves the Muscongos
Company and produced what they pretended to be charters
to the lands going back as far as 1629. (p. 497). Dunbar
pointed out that " the famous Doctor " was the oracle of the
stiff-necked generation who were contesting against the rights
of the Crown in Massachusetts, and he urged that the establish-
ment and support of a new colony on the Kennebec round
churches where the rites of the Church of England could be
administered without discouragement from those selfish and
dogmatical people, who hated the Church and the Presbyterians
alike, would curb their disloyalty (p. 499). A single paragraph
from one of Dunbar's many letters on the subject both illustrates
the unity of the colonial history of the period and shows how
longstanding were some of the controversies that came to head
in the years immediately preceding the American Revolution.
" This Continent " he wrote " deserves a Bishop residing, [for]
I am informed that wherever churches have been built, people
have always resorted. [I pray] that his residence may be in
' Georgia,' where provision may be made for him out of the
quit-rents. I am firmly persuaded that a good man who would
take pains this way and encourage schools, might in time work
a reformation among these independents. I could wish that
Dean Berkeley's College may go on, and that ' Georgia ' might
be thought a proper place for it." (p. 499).
xxviii COLONIAL PAPERS.
In addition to the Irish Presbyterians it was proposed that
importation families of Palatines should be introduced as settlers for the
of
Palatines, new province and the Kennebec, and Coram and Dunbar entered
into negotiations with one David Hintze who proposed at 41.
per head to procure from the Palatinate 3, 4 or 500 families
averaging four persons each " who to avoid the persecution
they now groan under will be willing to transport themselves
at their own expense to any country having a fertile soil that
H.M. shall be graciously pleased to appoint them between the
Rivers Kennebec and St. Croix." For a less fertile province
he could only procure 100 families (683 i).
The number of documents concerning these many proposals
is very considerable in the volume, and it is impossible to do
more than refer to the main lines of the schemes. Further
reference to them may be made by use of the index. (See
notably 309, 628, 630, 683, 694, 695, 705, 710, 929, 932, 997,
1005, 1018, 1019, 1042, 1045, 1049).
II.
THE CONTINENTAL COLONIES.
In the Introduction to our previous volume we referred to
the fact that William Burnet, who had proved his strength
inMassachu- and capacity as Governor of New York and New Jersey, was
setts.
transferred to the Governorship of Massachusetts to handle
the difficult problem of controlling the Assembly of that most
factious of all the colonies. Burnet's last despatch concerning
the affairs of New York was dated 3 July 1728 (307), and in
it he announced that, having handed over the government to
Colonel Montgomerie (187), he was at once proceeding to Boston.
He arrived there on July 19 and met the Assembly on the 24th
(386). The battle was joined at once, and, when he sent his
first despatch from Boston in the middle of September, Burnet
wrote that he had been sitting with the Assembly ever since
his arrival in order to obtain from them a fixed salary in
accordance with his Instructions (386). He announced that
he intended to continue the session until they complied, " so
INTRODUCTION. xxix
that the country who pay 1000Z. a month to the Council and
Representatives by way of wages during their attendance, may
feel the inconvenience of their standing out." (387). At the
end of the month he reported that he had reduced them to
silence and that they seemed to have no expedient left but to
meet and adjourn from day to day and do nothing. He would
give them no recess, and under the terms of their charter they
did not dare take it of themselves. He would not accept the
presents they offered him, for he chose to be destitute of all
support rather than give way on the important matter of principle
involved. (404). So matters went on till October 24 when the
Assembly flatly refused to comply with the Governor's demand
for a fixed salary according to his Instructions, and Burnet
determined to remove the legislature from Boston, whose free-
holders were assembling in public meetings to withstand him.
(429 i). He had adjourned the General Court to Salem, he
told the Board of Trade, for the following reasons, " This
town of Boston has shown their disrespect and undutifulness
to H.M. by calling a general town meeting of all the freemen
of this town " and the example has been followed by some
towns in the Province and three or four have unanimously
given instructions to their members to vote against fixing a
salary on the Governor. " This attempt, of which Boston set
the example, is of so dangerous a nature to the Constitution if
it should be drawn into precedent, and has been so maliciously
employed at this time that I thought it necessary for the
Government to show its resentment upon it. The people of
the town are continually endeavouring to pervert the minds
of the members that come from the country, who it is to be
hoped will not be so much tampered with in the country and
particularly at Salem where the people are generally well
inclined, as the members for that place are." (pp. 225-6).
He strongly recommended that the undutiful behaviour of
the Massachusetts Assembly and especially their attack upon
his Instructions from the King should be referred to Parliament
that they might assure H.M. that the Instructions were in no
way contrary to the Charter granted by King William, and
thus, while there would be no final decision against the charter,
xxx COLONIAL PAPERS.
the Assembly might be made apprehensive of losing it and
brought to a true sense of their duty. (pp. 227, 430).
When the Assembly met at Salem, they proved as recalcitrant
as ever. They disputed the Governor's power to adjourn them
for two months and refused to do any business until the clamours
of the people forced them to proceed with the ordinary affairs
of the Province. They drew up a memorial of which they
refused to let the Governor have a copy, but instead forwarded
it direct to their agent in London for presentation to the King.
(571). However, the Governor was aware of its terms and sent
his comments upon the complaints it contained and the
erroneous constitutional doctrines it set forth before the
document was received in London (571 i, 576). We can there-
fore compare the rival contentions, for the Address is set out
in full when it was referred by the Privy Council Committee
in February 1729 to the Commissioners of Trade for their
opinion (582). The Board decided to hear both counsel for the
Assembly and for the Governor before they made their report
(592, February 11, Journal, p. 14). The counsel attended
accordingly (March 22), and their arguments are set forth at
length in the pages of the Journal (pp. 16-18) and form a
necessary complement to the documents here collected. The
Board's report was completed by the 27th and forwarded at
once to the Duke of Newcastle (643) and to the Committee of
the Privy Council (644, Journal, p. 20), so that no time was
lost, but it was not until a month later that the Committee of
the Privy Council considered the matter, set forth their opinions
at length and recommended the acceptance of the Governor's
and the Board's proposal that the whole matter should be laid
before the Parliament of Great Britain (Acts of Privy Council,
Colonial Series, 1720-45, pp. 108-11 and no. 728). It is
interesting to note how far matters had moved between the
seventeenth century, when the House of Commons was held
to have no competence to debate colonial affairs, which were
the concern of the Crown, and 1729 when Governor Burnet,
Commissioners and Privy Council alike take it for granted that
Parliament is the supreme authority and alone can compel
the obedience of the colonial legislature, We can in these
INTRODUCTION. xxxi
papers discern that differentiation of logical but divergent
constitutional ideas on either side of the Atlantic which was to
play such an important part in the disputes of forty years later.
While the matter was being discussed in England, the situation
in Massachusetts got more and more menacing. The removal
of the Assembly to Salem had roused the Bostonians to fury,
and the Governor had to write that they were endeavouring to
wrest the sword out of the Royal hand. They were trying to
strip the Governor of all military authority, to stop the pay
of the forces and to carry further the process already far
advanced by which the soldiers and officers were much more at
the command of the Assembly than of their proper commander-
in-chief. The only way of combating this was to post two
Independent Companies of troops in the immediate pay of the
Crown in garrison in the Castle at Boston and in the small forts
on the frontiers, in the same way as in New York. (647).
Nothing else could give the Government some weight and make
the King respected by the people " who at present value them-
selves upon the feebleness of the Administration." (648).
The Ministry had made up their minds to lay the whole matter
before Parliament, as Newcastle informed Burnet (June 1729,
792, 793), when the prorogation prevented action. In conse-
quence the Secretary of State suggested in a private letter that
the Governor should endeavour to come to a compromise with
the Assembly by hints as to what the Crown was likely to accept.
" Whatever you do of that kind," the Governor was told,
" is to come as from yourself in your private capacity and to
let it look like any new overture to them on the part of the
Crown, as if it were not really intended to lay the matter before
the Parliament." (793). These secret orders were sent in
June, but before Burnet could take any steps to comply with
them, death suddenly seized him.
The Assembly was sitting at Cambridge near Boston and
Governor votm g adversely upon the Crown's demands when the news
Bumet, reached them that the Governor had expired in delirium after
only a week's illness (904). The exact date of his death (5
September 1729) was given in a letter from his Lieutenant-
Governor (Wentworth) in New Hampshire (898).
XXX11
COLONIAL PAPERS.
William Dummer, the Lieutenant-Governor, succeeded to the
administration, but he frankly informed Newcastle that he
could do nothing to bring the Assembly to compliance (904,
905). In fact, while this information was on its way, another
address from the Assembly to the Crown was also crossing the
Atlantic to the hands of Francis Wilks and Jonathan Belcher,
the Agents for the Colony in London. It set forth at full length
their complaints against the Governor and notably his action
in transferring the Assembly to Salem (921 i., pp. 489-94),
and its interest lies in the fact that it practically left the last
word in the dispute with the New Englanders. Other letters
passed during the autumn (e.g. 925, 927, 949, 969 ii, 985, 998),
but when a new Governor came to be appointed, instead of an
able and determined servant of the Crown such as Burnet had
been, a Massachusetts man was chosen. It seems as though
the ministers were sick of the contest and wishful to try
conciliation, as Newcastle showed in his private letter in June
(793). Jonathan Belcher received the appointment and
questions as to his instructions occupied the rest of the
year. The first round had ended with a victory on points to.
Massachusetts.
Governor
Burnet
in New
Hampshire.
Boundary
disputes
between
Massachu-
setts
and New
Hampshire.
Burnet at the same time that he was Governor of
Massachusetts also held the office of Governor of New
Hampshire. There he was more successful with the Assembly
than he was in the larger colony. The salary question was
settled in accordance with his Instructions, but only for the
time of Burnet' s own tenure of the office, so that his death
re-opened the difficulty once more. (747, 748, 898).
The readiness of the Massachusetts men to resort to violence
to reach their ends was not only to be noted in the actions of
the Boston mob ; the frontiersmen were at least as violent, as
was illustrated in connection with the long-disputed boundary
with New Hampshire. A place called Londonderry had been
settled by Irish Presbyterians for several years some 8 or 9
miles north of the Merrimac River in a district that had always
been regarded as an undoubted part of New Hampshire. The
Irishmen were mowing their meadows when seventy or eighty
INTRODUCTION. xxxiii
men from Haverhill armed with muskets drove them away
after a fight in which several men on both sides were wounded.
(253, 392). On other occasions they broke into houses in
Londonderry by night and carried off certain men before
Massachusetts justices, who committed them to prison as
trespassers. This was done, although there was an agreement
between the two Governments that all hostile action on either
side should be suspended until the boundary was properly
settled (898). New Hampshire, in fact, found, as Colonel Dunbar
did in his schemes along the Kennebec, that while it was
particularly difficult to get the authorities in Boston to make
any agreement which did not secure to them all they wanted,
it was even more difficult for those authorities to secure
compliance with the agreement by individual citizens.
Governor Montgomerie in the same way found the Quakers
New Jersey, of New Jersey difficult to handle. They had been relieved of
their political disabilities and in April 1729 formed more than
half the House of Assembly. They were so elated that the
Governor found them quite ungovernable, having their heads
filled with wild, unpracticable schemes calculated to weaken
or set aside H.M. prerogative and to bring the Government to
be entirely depending upon themselves. All accounts from
New Jersey, ever since the government was surrendered to the
Crown, showed that the Quakers there had been insolent and
troublesome when they had no favour to ask, but quiet and
useful to the Government, when they had anything depending.
(669).
In New York Montgomerie had succeeded to Burnet's
difficulties, and these have been referred to earlier in this
Introduction.
Circumstances in Virginia under Lieutenant-Governor Gooch
Virgima. we re quieter than usual, but in one or two long and interesting
despatches (notably 641 and 796) he showed that the colony
had many dangers to dread. On the frontier were the Indians
who were in incessant feuds, one tribe with another. The
Nottaways and the Saponies, two tributary tribes, each accused
Wt. 1525 C.P. XXXVI C
xxxiv COLONIAL PAPERS.
the other of murders and outrages, and when the case was tried
before the Virginia Council and no legal proof could be found,
they vowed to take matters into their own hands. It was in
vain to remonstrate to these savages the justice of our laws
which permit no man to be punished without due proof of his
crime. Their notions of justice were not to be adapted to that
rule. Revenge was what both sides wanted ; and because
they were forbid all hostility, and were told that this matter
should still be pursued and enquired into, they seemed resolved
to take satisfaction their own way, expressing great resentment
against the English for not concurring with them. The frontier
inhabitants of the colony lay exposed to the barbarous insults
of those Indians and the foreign nations they call in to their
aid (i.e. probably not the French, but other tribes or nations
of Indians beyond British territory). Any outbreak whenever
they met in their hunting was likely to be full of danger, and
the Governor was greatly concerned, (pp. 333, 415).
He was disturbed too by the fear of a slave insurrection,
and gave account of various outbreaks in which riotous bands
of negro slaves had done much damage. The secret robberies
and other villainous attempts of a pernicious crew of white
transported felons, which had led to the burning of certain
plantations, added to the prevailing fears, and confidence would
only be restored by careful attention to the drilling and arming
of the militia, to which the Governor devoted himself, (p. 334).
Virginia was the best organised and developed of the southern
colonies, but the impression of its slave-owning, plantation
society derived from these letters is that of a community filled
with anxieties and in constant dread. The inhabitants were
eager to take up lands amongst the great western mountains
despite the frontier dangers, and there were difficulties with
Maryland about the lands in the Northern Neck, watered by
the streams which fall into the Rivers Rappahanock and
Potomac. The division of Maryland from Virginia was
dependent upon a grant made to Lord Culpepper in 1688 in
which the source of the Potomac was fixed as the furthest
westward limit, leaving all the lands beyond still to be granted
by the Crown. But as in so many later boundary disputes in
INTRODUCTION. xxxv
America it was impossible to decide what was the source of the
Potomac or whether the Shenandoah formed the headwaters
of that river (pp. 416-7), and the Governor forwarded maps to
illustrate the difficulty of deciding what to fix in the tumbled
region into which emigration from Virginia was now extending.
Clearly the westward march had begun in earnest.
Virginia was very proud that it, more than any American
plantation, was united in the religion of the Church of England
(46 ii), and in his allowances for the expenses of the boundary
commission Lt. Governor Gooch included the payment for
a chaplain, for he remarked that it was necessary for a clergyman
to accompany them in a country where they could have no
opportunity of attending public worship. His report proved
how well he answered his purpose, for he christened above a
hundred children, a great many adult persons, and preached
to congregations who had never had public worship since their
first settlement in those parts. Beyond the borders in Maryland
there was not a single minister (p. 417).
Gooch's rather infrequent but long and informative despatches
show him to have been of a keen and inquiring mind, and there
are occasionally touches which are a relief to read after the
interminable accounts of faction which fill most of the colonial
despatches. In June 1729 he wrote from Williamsburgh to
inform the Board of Trade of many wonderful cures performed
by a negro slave in the most inveterate venereal distempers.
The fellow was very old and had kept his remedy for many
years a profound secret, but by promising him his freedom,
Gooch discovered that it was a decoction of root and barks.
Samples of these he sent over to a physician that the College
of Physicians might have the opportunity of making an
experiment what effect it would have in England. The
cost of procuring the disclosure amounted to about 60/.,
including the purchase of the negro's freedom, but the Governor
thought it well worth the price, since they had learned how
without the help of mercury to cure slaves who were often ruined
by the unskilfulness of the practitioners Virginia alone afforded.
He recommended it as an encouragement " for one of Dr.
Radcliffe's travelling physicians to take a tour into this part
XXXVI
COLONIAL PAPERS.
The
Carolinas.
of the world, where there are many valuable discoveries to be
made, not met with in France or Italy." These were the
investigators sent out from time to time by the celebrated
founder of the Radcliffe Observatory in Oxford to search for
new plants and remedies, and Gooch's reference to them may
illustrate how the stirrings of the new spirit of modern scientific
enquiry were familiar to an enlightened colonial governor,
(p. 419).
The ministry had now decided to terminate the anomalous
state of affairs in the Carolinas where although the Crown had
had to take over the whole responsibility of government, the
Lords Proprietors still obstructively tried to enforce the
remnants of their rights. It was resolved to buy out the
remainder of the rights under the Charters, a course that was
recommended by Thomas Lowndes who had acted as inter-
mediary between Lord Westmoreland, acting on behalf of the
Crown, and the Lords Proprietors (565). He proposed that
North Carolina should be made a district of Virginia where the
quit-rents and the tenths reserved upon the whale fishery would
discharge the expenses advanced by the Crown. It was
acknowledged by all persons that " the most fertile and healthy
part of all America is the tract of land between Port Royal in
South Carolina and Florida, and well-watered by navigable
rivers " it would be an admirable site for a new settlement.
(566). In immediately succeeding volumes we shall note how
this suggestion was carried into effect.
The delimitation of the boundary between Virginia and North
Carolina had been entrusted to commissioners, but their
proceedings gave rise to many complaints of favouritism and
illegality. Their reports give exact information concerning the
extent of settlement in the frontier regions and though they
can only be listed here owing to the impossibility of summary,
their field books and surveys which are preserved among the
documents would be of great interest to local historians. (45,
184, 261 iii, 515, 781, p. 335, 641, v, vi, vii).
The scandals of President Arthur Middleton's acting-
governorship in South Carolina continued for a couple of years
INTRODUCTION. xxxvii
(459, 498 i) before a new Governor was selected to succeed
General Francis Nicholson, who all that time had been on leave
in England. The choice was fixed upon Colonel Robert Johnson,
and at the end of 1729 under Lord Townshend's direction the
Board of Trade began the long task of preparation of his
commission and instructions. (987). Since Johnson was to
be full Governor of what was now to be a royal colony, the
Board necessarily had to consider in detail whether any modifi-
cation of his instructions was necessary from those given to
Lieutenant-Governor Nicholson, who had provisionally taken
over the administration of the colony for a period to clear up
the chaos to which the rule of the Lords Proprietors had reduced
it. (Cal St. Pap., Col, 1720 August 11, no. 185). Johnson
had already been Governor of the Colony under the Proprietors,
and he was therefore thoroughly familiar with its importance
as the outlying post against Spanish Florida. (See Cal. St.
Pap., Col, 1719-20, 1720-1, passim).
III.
THE WEST INDIES.
As was stated in our previous volume, on the death of the
Jamaica. Duke of Portland he was succeeded in the Governorship of
Jamaica by an able and energetic soldier, Major-General Robert
Hunter, who had had long experience as Governor of New York
and New Jersey, where he had won a high reputation for tact
and decision. In Jamaica his letters were much less voluminous
than those of his predecessor. They were as frequent in number,
for in the imminent danger from the Spaniards, which we have
mentioned earlier, the ministry had to be kept fully informed
of what was happening. The letters, however, were shorter
and perhaps more to the point, for Hunter was immersed in
the military task of putting the island in a proper state of
defence, and either he found the Assembly quieter (197, 591)
or he had more tact in dealing with it than Portland had
displayed.
XXXV111
COLONIAL PAPERS.
The long and acrimonious disputes over the Revenue Bill
were brought to an end by the passage of an Act for granting a
revenue to H.M.for the support of the Government and for reviving
and perpetuating the acts and laws, which was in exact accordance
with the draft sent from England to the Duke of Portland. In
certain phrases synonymous words were substituted, but in
material substance all the demands of the Crown were accepted.
Governor Hunter therefore recommended that the assent to it
which he had given should be approved. With the Assembly's
return to reason after its long bout of passionate faction things
were quieter in the island than they had been for many years.
A serious danger to the safety of Jamaica arose, in Hunter's
opinion, from the treachery and disloyalty of the Irish. The
militia which formed a most important part of its defence
consisted chiefly of hired or indentured servants, who were for
the most part native Irish. By their backwardness, mutinies
and desertions they were always troublesome, but now they
openly declared that they had no quarrel with the Spaniards
and would not fight against them. The Governor had undoubted
proofs of a treasonable correspondence between the Irish faction
and the Governor of the Havana, although he failed to discover
the ringleaders. His only resort was to declare publicly that in
case of an attempt of the Spaniards to land in Jamaica he would
post a reserve of negroes in the rear of the Irish militia with orders
to knock down any man who should desert or fly from the ranks.
A poor remedy, as the Governor remarked, but all that was in his
power. (895, 1055, p. 580).
The
Bahamas.
The Spanish threat was, as we have remarked earlier, also
very serious to the Bahamas. George Phenney's long tenure
of the Governorship had at last been terminated and Captain
Woodes Rogers had been appointed to succeed him. In his
Instructions he was directed to summon General Assemblies
of the freeholders and planters (701 i), and the colony was thus
placed at last on the same footing as the other islands in the
West Indies. Woodes Rogers arrived in New Providence in
August 1729 and his first letters thence were dated in November
(964, 965), but they had been preceded by an interesting report
INTRODUCTION.
XXXIX
Bermuda.
The
Leeward
Islands.
on the conditions in the colony from Richard Fitzwilliam, the
Surveyor General of the Customs for the southern American
colonies, to the Commissioners of the Customs. He showed the
smallness and poverty of the community there, for there were
only about 500 white people and 250 negroes with only 20 small
vessels who were engaged in petty trade with South Carolina
and Jamaica (920 i). This accounts for the long delay in
establishing a form of representative government, and Woodes
Rogers was anxious to receive new inhabitants from the
Bermudas, for they had a good reputation as industrious people
and would enable the colony to become self-supporting by
raising supplies of provisions (p. 519).
In Bermuda the period was uneventful and the only notable
happening was the arrival in September 1728 of the new
Lieutenant-Governor, John Pitt. He remarked upon the
accumulation of several incompatible offices in the hands of a
few men who were at the same time Councillors, judges of the
Common Pleas and justices of the Peace. This was apparently
due to the scarcity of educated men in that rather primitive
community, and though Pitt tried to clear up the impropriety
of men acting in this triple capacity, he does not seem to have
had much success. (438, 497). Currency in the islands was
extremely scarce, and Pitt therefore proposed to purchase 200Z.
worth of English half-pence and lodge them in the Treasury
for the payment of public debts at the rate of three-farthings
each. (497 i). His calculations as to the gain that would
accrue illustrate the minute scale on which the colony with
its elaborate constitutional machinery of Council, Assembly,
judges etc. was really working. There is almost a comic
disparity between the machine and the petty affairs with which
it had to deal. (497 i).
Colonel Hart, the Governor-in-chief of the Leeward Islands
had returned to England late in 1727 and the Earl of London-
derry was appointed to the post (3, 11, 14, 15, 16), but he did
not arrive in the islands until August 1728 (397), and in the
interim the officer administering the government was Colonel
Matthew, the Lieutenant- General who had already acted on
previous occasions. The relative importance of the various
xl COLONIAL PAPERS.
islands of the group and the changes that had taken place were
set out in the enquiries that Matthew addressed to the Board
of Trade as to what should happen if he were incapacitated
while administering the government. The provision in case
of the Captain General and Lieutenant- General's death or
absence was that the chief government should devolve to the
Lieutenant-Governor of Nevis or at his death to the eldest
Councillor and Council of that island. That provision was
made when Nevis was the first seat of trade in the islands, for
St. Christopher was shared with the French and lay open to
their attack. At that time Antigua was hardly cleared of
woods and Montserrat hardly settled. But in 1728 Nevis had
quite lost its trade and was a desert island compared with what
it had been thirty years before. Antigua was the chief centre
of trade in the Leeward Islands with St. Christopher a good
second, and it seemed fitting therefore that its Lieutenant-
Governor should take precedence. It was unfitting that a
Councillor who held quite a junior place in the General Assembly
might be placed by an accident in charge of the most important
post in all the islands (p. 14).
Captain Paul George, the Lieutenant-Governor of Montserrat,
Montserrat. wno had been so persistent in his applications for preferment
to the Duke of Newcastle, was losing heart and when he learned
that his last petition, for the governorship of Bermuda, had
failed begged that he might be permitted to dispose of his
Governorship and Company for about 2200/. and retire to
South Carolina, for he saw no probability in the station he was
at present in of laying up anything towards discharging such
debts as were the occasion of his leaving England. He had
served twenty-five years in the army and had received no
reward (31), but even his last appeal was unsuccessful. Seven
months later, in September 1728, Lord Londonderry wrote
to Newcastle to inform him of George's death and to ask
permission to dispose of his Deputy Governorship, which was
worth about 200/. per annum. (397).
The government of the smaller islands had to be provided
for b y the appointment of gentlemen who would pay their own
expenses, for they could make no contribution towards a salary.
INTRODUCTION. xli
There were a good many British subjects in the islands of
Anguilla, Spanish Town and Tortola, and a particular
Lieutenant-Governor to each, but as Matthew said " If his
cudgel happen to be a whit less than a sturdy subject's, ' Good
night, Governor'." There were continual contentions in those
islands about their meum and tuum and the strongest had the
best title, so that to bring some sort of judicature among them
Matthew recommended the establishment of some sort of a
court where every man might be heard to tell his own story,
(p. 15). The people ought to be protected against the tyranny
of a pasha such as some of those who had ruled over them
had been.
The amount on the most populous of these islands hardly
reached 200 families and juries could not be found among such
small numbers. The gentlemen of the Bar would not attend,
as they could not be paid, for a retaining fee at the usual rate
would empty the pockets of a whole island. Among petty
affairs such as the islands alone afforded a persistent and greedy
self-seeker with some influence in England could become a
pluralist on a most extensive scale. Such an one was that
Wavell Smith, Secretary of the Leeward Islands whose disputes
with Governor Hart have been mentioned in previous Intro-
ductions. In those disputes he had received what he held to
be a favourable reply to his claims to hold a large number of
small offices under his patent, and he demanded that Matthew
should extrude all other persons from the offices and let them
recover them from him by process of law. The Lieutenant-
General clearly dreaded Smith's contentiousness and strove
to keep friends with him (p. 16), but it was of very little avail
and there are many letters in the volume about his outrageous
claims (69, 91, 181, 318, 713, etc).
Lord Londonderry's tenure of the Governorship did not last
lon ' He arrived in the islands in August 1728 (397) and
London- actively took up his functions, but he died in September 1729
and Lieutenant-General Matthew was again in charge of the
administration. He had held the second post in the islands
for the long period of fourteen years and naturally he petitioned
for the definitive appointment to the Governorship he had so
xlii COLONIAL PAPERS.
frequently administered, (902, 903, 991). But he could
command no influence at Court, and so his plea had no hope
of success despite the services he had rendered to the Crown as
Commissioner for the disposal of the French lands in St.
Christopher and Engineer of Gibraltar during the attacks of the
Spaniards (991). Secretary Townshend secured the post for his
own nominee, George, Lord Forbes, and in November 1729
the Board of Trade was ordered to prepare drafts for his
commission and instructions. (990).
There was still a residuum of the floating and unsettled
Floating population in the West Indies which had been such a notable
population
of the feature of the latter part of the seventeenth century. Landless
men both English, French and Dutch, who had been extruded
from their little holdings by the growth of larger plantations
worked by negro slaves, surged backwards and forwards among
the unoccupied smaller islands in search of a living or provided
recruits for the gradually dwindling companies of the buccaneers.
It was the tragic ending of the great white emigration that had
poured into the West Indies in the first half of the seventeenth
century. Our documents afford no direct evidence of the
feelings or desires of the dwindling remnants of the stream
that a century before had been at flood, for the descendants
of the first comers were quite unvocal and had no influence on
the richer planters who had held their own. But there are
many indications here and there that these ' poor whites '
still existed, and it would be an interesting and significant task
to piece these together to make a complete story of the social
tragedy that had engulfed one of the greatest streams of
emigration that ever left the countries of Northern Europe.
By tracing from our indexes the events in the smaller islands
of the Virgin Islands and the Leeward group, like Santa Cruz,
Barbuda, St. Eustatius and Montserrat, a beginning might be
made with the English, Dutch, Swedes and Danes among this
flotsam, while the struggles of the French from Martinique and
Guadeloupe and the English from Barbados to occupy Dominica,
St. Lucia and Tobago and other of the Windward group would
give another aspect of this story which is a neglected but
essential part of the history of the West Indies, (see e.g. 664,
INTRODUCTION.
xliii
Barbados.
Connection
with
Guiana.
790, 821, 684, 34, 41, 526, 184, 664, 802, 1032, 1053 for certain
islands.)
Governor Worsley despite the complaints of the Barbados
Assembly against him (6, 518) was re-appointed to his Governor-
ship (154) and the unending wrangles in the island went on,
but without affording many points of constitutional interest
(see e.g. 20, p. 7, p. 9, 207, 297 ii, 362, 389). There are some
indications that the interest of planters from Barbados in new
plantations in Guiana, which became of considerable importance
later in the century, had already begun. Jeronimy Clifford
who had held important plantations in Surinam, of which he
had been dispossessed by the Dutch Proprietors of that colony,
was still petitioning in support of the claims for compensation
that he had brought forward more than twenty years before.
(See Cal. St. Pap. Col., 1704-5, Preface p. xxix and various
documents). Sir Robert Walpole advised him to drop his
claims against the Dutch, but it does not appear on what
grounds. Whatever British contacts there were with Guiana
came through Barbados, but another side line of British activity
on the coast of the mainland started from Jamaica and it was
through the Governor of that colony that the Government were
informed of what was going on.
As buccaneering and piracy were gradually put down in the
The logwood Caribbean by the pressure of the ships of the British and French
cutters of
Campeachy. navies, the buccaneers found an outlet for their energies and the
readiest means of making an honest living by cutting logwood
on the unoccupied coasts of Campeachy. There, despite the
protests of the Spaniards and repeated efforts to drive them
out, they had formed a settlement at the Laguna de Terminos
(191), and this provided a knotty problem for the Commissioners
of Customs and the Board of Trade who were jointly charged
with the supervision of the Acts of Navigation. The logwood
cut in Campeachy was often carried directly to Holland and
other foreign parts from New York and other British plantations.
But it was required by law that all fustick or other dyeing (1) wood
of the growth, production or manufacture " of any British
(1) Printed in the text (39) as "drying."
xliv COLONIAL PAPERS.
Plantation in America " should be brought directly to Great
Britain and landed there. Was Campeachy to be esteemed a
Plantation belonging to the Crown of Great Britain or no ? (39).
The Board of Trade could not say, and could only refer (40) the
Customs Commissioners to the report on the subject of the
settlements of the logwood cutters prepared in 1717 (Col. St.
Pap., Col. 1717-18, no. 104, pp. 38-45). There the whole
history of the question was summarised, but no clear answer
to the Customers' question was afforded. The House of
Commons, too, was making requests for information on the
subject (617), but again the Board could do nothing more than
forward the report of 1717. (Journal, 1728-34, p. 13).
The logwood cutters not only gathered in the remotest parts
The of the Bay of Campeachy ; they also carried on their trade in
Moskito
Coast. the forests and swamps along the rivers in the east of the
Peninsula of Yucatan, where the settlements of Belize now lie.
Further south too they were to be found around Cape Gracias
a Dios and the neighbouring coasts and there they were in
intimate touch with the Moskito Indians, who were bitter
enemies of the Spaniards. " His Musketish Majesty " wrote
to Governor Hunter of Jamaica in October 1729 to congratulate
him on his appointment and to offer to continue the good
understanding that had always subsisted between the subjects
of H.M. of Great Britain and the inhabitants of the Moskito
kingdom. The coast had been disturbed by a rebellion arising
after the death of the King of the Moskitos and the Governor
and the possessions of the white people had been attacked.
King Peter therefore asked for Commissions under the Great
Seal of the Island of Jamaica for one John Bellamy, whom he
thought a proper person to assist him in the office of Governor
of the Southern parts of his Dominions, and for Charles Holby
to be General of his forces and overseer of the Northern parts
(952 i). Governor Hunter forwarded the letter to the Secretary
of the Board of Trade, and stated that he had sent the com-
missions in the usual form to keep " his Musketish Majesty "
in good humour, but as these matters in the Bay of Honduras
clearly involved our relations with Spain, he could not do more
than give some private hints to Mr. Delafaye as to the state of
affairs in that region. (952).
INTRODUCTION.
xlv
Newfound-
land
and the
fisheries.
The affairs of Newfoundland and Placentia demanded a good
deal of attention, and the usual heads of enquiry were sent out
to the naval commanders in the fisheries and their detailed
answers were received (686-7, 697, 939, 940, etc.). Lord Vere
Beauclerk and Captain Osborn were in charge of the ships off
the Newfoundland coast and Captain Weller at the Canso
fishery. Their replies were of more interest than usual because
the commodores were engaged in the task of setting up justices
of the peace and other authorities to exercise control during
the winter when there were no naval commanders in charge.
It is impracticable here to do more than draw attention to the
letters where the whole business is set forth at length, but it is
of considerable importance in the history of Newfoundland,
because it marks the turning point at which the existence of a
permanent British community in the island was officially
recognised by the Privy Council (666).
Enquiries were made of the Mayors of Bristol, Dartmouth,
Barnstaple, Bideford, Poole, Exeter, Plymouth, Weymouth and
Liverpool as to the measures the fishing merchants of those
ports thought necessary for the further encouragement of the
fisheries (461) and reference to the pages of the Journal will
show what a large share of the attention of the Board of Trade
was directed to the matter. Barnstaple (487) and Poole (595)
replied without delay, and the Board entered into discussion
with them on the points they raised (e.g. 721). The
misbehaviour of Lieutenant-Governor Gledhill at Placentia
was one of the most serious causes of complaint, and he was
at last formally removed from his place and called home to
answer for his conduct (725). The whole question of Placentia
and its government under Nova Scotia was closely bound up
with the affairs of that colony, and the whole of the fishery both
in Newfoundland and Nova Scotian waters should be considered
as a single problem to gain a clear view of the policy that was
being pursued in this matter, which was regarded as of such
great importance for the trade of the Kingdom.
COLONIAL PAPERS.
1728.
|? Jan.] 1. Considerations upon the importation of negroes into
Jamaica, in reply to the Planters residing in Great Britain,
who are endeavouring that Governor Hunter may not be
instructed not to pass any Act imposing duties on negroes
imported or exported. Abstract : Such duties would lessen
the importation of negroes into Jamaica, and therefore lessen
the produce of the island. The necessity of the island does
not require such a duty, for the very same persons have assured
Governor Hunter and others that the estimate of the revenue
annexed to the bills transmitted from Jamaica will answer
the whole expense of the Government, exclusive of the additional
pay to the two Independent Companies etc. A tax on
negroes in the island would be more equitable and advantageous,
if more money is needed etc. Without signature or endorsement.
3| pp. [C.O. 137, 53. ff. 22-23i;.]
[Jan. ?] 2. Duke of Montagu to [?the Duke of Newcastle.] As I
know I may allwaise depend on your friendship I beg you will
shew it me in the afaire which the enclosed copy of a petition
I intend to present to the King (v. C.S.P. 1728. Jan. 23) will
informe you of, and which I beg you will read with atention,
and for that reason I have taken the liberty to send it you into
the countery thinking you woud have more leasure from busines
there then in town ; I shall refer the whole matter to the petition
except one thing wch I must explaine to you ; When the news
caime that the French had obliged my Collony to abandon
St. Lucia, and that I was solisiting about that afaire, Ld.
Townshend proposed to me to speake to Mr. Poins, about a
pretention sume relations of his, the two Mr. Manlys of the
Custome House, one Mr. Code, Mr. Knight, and sume others have
to the Island of Tabago, and that if I coud agree matters with
them I migte have that island to settle, but I was then still
in hopes of getting Sta. Lucia againe, and declined doeing
any thing in relation to Tabago. Sence that you know the
transactions between Mr. D'Estree and me about St. Lucia,
which the King and all of ye aprovd of and were so kind to
give Mr. Walpole instructions about ; But now I am convinced
Mr. d'Estree tryfles with me, so that I have quite given over
C.P. xxxvi i
COLONIAL PAPERS.
1728.
the thoughts of that afaire ; but as I have still a great many
cannon and other stores in the West Indies which I can never
dispose of but by a new setlement, I have agreed with Mr.
Manly, Code, Knight etc. the parties concernd in the pre-
tensions on Tobago, and if I can get a grant of the island they
and I together will undertake to settle it ; now what I desire
I think cannot be refus'd me, I onely desire to have one island
given me to settle insted of two islands which are myne, and
which the King and all of you are willing I shoud settle, if it
coud be braught about, etc. Continues : May be it may be
objected etc., that Mr. Worsley has instructions to settle it, to
which I answer, that he had those instructions att the tyme
Ld. Townshend offerd me the island ; and as to the settling
the island, the giving him those instructions shews the Govern-
ment thaught it proper the island shoud be settled, but as yet
he has done nothing towards it, and I can demonstrate he never
can ; may be I may be allso told, I am in the wrong as to my
selfe, to have a minde againe to undertake such an afaire, but
that is my busines, and if I am in the wrong so much the worse
for me ; In short this is the onely thing I have asked sence
the King came to the Throne, and I think it a sort of a thing,
that I must think my selfe very hardly used if it is refus'd me,
but I entierly relye upon you to be my frend in it, and I know
you will do your best for me. And this favour I beg that I
may not be kept in insertaintis about it, but that if I must not
have it I may be told so at once. But if I am to have it,
I beg, as the Board of Trade have allredy represented to the
King, that the settling Tobago woud be very benefistial, that
I may not be refer'd to them, which woud be quite onnesesary
and woud take up a great of tyme, and give me a great deale
of onnesesary trouble, but that the afaire may be referd directly
to the Atourney Generall, he passed my Sta. Lucia patent, and
he may copy it over againe word for word for this, for it needs
onely putting in the name of one Island insted of an other.
I beg you will consider the petition well, I will mentaine every
article in it to be true. I intend to send Ld. Townshend and
Sir Robert copys of the petition to-morrow. I depend upon
you to be my frend and advocate, and I intend to waite on
you Wednesday morning to know my fate, for I hope by that
tyme you will have settled it with your brother Ministers, and
not only till then but for ever, I am and shall be your obedient
servant, Signed, Montagu. Without date or endorsement.
Holograph. 5 *pp. Enclosed, (conjecturally),
2. i. Petition of the Duke of Montagu to the King. Copy
of C.S.P. Jan. 23, 1728. q.v., with quotations from
Instructions of Governors of Barbados, 1721 and 1722.
5 pp.
2. ii. Memorandum relating to the following.
AMERICA AND WEST INDIES.
1728.
Jan. 1.
Whitehall.
Jan. 4.
New York
in America.
2. iii. Extract of Representation of Board of Trade, 15th
Feb., 1721, as to inserting the island of Tobago in
the Commission of the Governor of Barbados, v.
C.S.P. 1721.
2. iv. Extract of Representation of Board of Trade 2nd June,
1709, relating to British title to Tobago, v. C.S.P.
under that date.
2. v. Memorandum relating to Tobago. Tobago, not being
setled, is upon the same foot as all other islands
belonging to the Crown in America, which the
Governors have a power to grant out, derived from
their Instructions, not from the Treasury. The
Governor of Barbados could therefore grant Tobago
to the Duke of Montagu without such a grant passing
the Treasury etc. No date or endorsement. If pp.
[C.O. 285, 2. Nos. 4, 4, i-v.]
3. Duke of Newcastle to the Council of Trade and Planta-
tions. H.M. having been pleased to appoint the Rt. Honble.
the Earl of Londonderry to be Governor of the Leeward Islands
in America, in the room of John Hart, Esq., you are to prepare
draughts of his Commission and Instructions etc. Signed,
Holies Newcastle. Endorsed, Reed. Read 2nd Jan., 172|. f p.
[C.O. 152, 16. ff. 54, 55v.]
4. Mr. Bradley to the Duke of Newcastle. An Act passed
here in Nov. last for preventing prosecutions by in formations other
than such as the Governor shall order in Council ; which being
a manifest infringemt. on H.M. prerogative, was very much
against the inclination of the Govr. and Council ; who, not-
withstanding, were oblig'd at last, to consent to it, or loose the
money bill relateing to Oswego, wch. passed at the same time ;
for some members of the Assembly, and several of their friends,
being affected by prosecutions of this kind, wch. were order'd
by the Supream Court, for crimes of no trivial or inferiour
nature ; the leading men in the Assembly were determined not
to consent to that money bill, unless this Act passed ; having,
as it is generally believed, form'd a designe, not only to screen
themselves and friends by this law, from these and all other
prosecutions of this sort, tho' never so just or necessary (wch.
seem to be almost the only means H.M. has to check that
levelling spirit that too plainly appears among the generallity
of the people of these countrys) but also to break in upon, and
weaken H.M. Prerogative and interest here, by attempting
to take away that remedy, wch. the Common Law gives H.M.
of prosecuting by information, without the leave of any of
H.M. subjects etc., and to make all the officers of the Crown
entirely dependant on the Assembly ; who, by having the sole
power of granting money, are able thus to influence even the
COLONIAL PAPERS.
1728.
Govr. and Council to consent to such bills, which they would
otherwise reject. Prays his Grace to recommend the Lds. of
Trade the speedy consideration of enclosed memorial against
this Act ; the Assembly having limited it to three years only,
with such politick view as in the memorial is mentioned.
Signed, Richd. Bradley. 2 pp. Enclosed,
4. i. Memorial by Same to the Council of Trade and Planta-
tions against the above-mentioned Act of New York.
Repeats parts of preceding and following. The
Assembly rejected the amendments by which the
Council thought they would prevent the ill tendency
of the bill exposed by the Memorial, v. No. ii. In
many cases prosecutions may be necessary where
they may be very inconvenient for the Governor and
Council to order, as where they may affect leading men
of the Assembly or their friends etc. Prosecutions
by informations seem to be the only means H.M. has
to ascertaine his just rights to fines for misdemeanours,
where a jury will not present, wch. has often been the
case in this country, tho' the evidence has been as
full and strong as could be wish'd for etc. The
limiting of this Act to three years, seems also to be
done with a designe, to get it the more readily con-
firmed, or at least that it may escape being repealed
at home, it having been a common practice, as I am
inform'd, for the Assembly's here, when they had a
mind to obtaine laws agt. the inclination of this
Government, to limit them to some short time, dureing
which they stand in force if they are not repeal' d, and
so answer their designe as well as if they had been
confirm'd ; and upon their expiration to use them
as precedents for laws of the same nature, of a longer
duration. Gives instances to show that the prosecu-
tions by informations have not been on trivial matters.
Two have been for intrusions on H.M. lands ; another
was brought by order of the Supreme Court against
the Justices of Albany for the insufficiency of their
gaol, and the like against the Corporation of the City
of New York etc., and two others against an Assembly
man and several Justices for administering to several
assessors of the publick rates an oath of the said
Justices' own devising, very different from the form
they were by law required to administer ; with an
intent, as many of the freeholders there complain
to ease the sd. Justices and their friends, and lay the
burthen on others. Another was brought by order
of the Government for a notorious riot, if not rebellion,
found by an inquisition taken thereof etc. These
were the prosecutions the Assembly were offended at,
AMERICA AND WEST INDIES. 5
1728.
because they affected some of them, and their friends,
and others being still liable for prosecutions for offences
far from trivial etc. Concludes : As I cannot get any
salary allow'd me, nor my fees, or any recompense
for my time and labour, so necessarily employed in
these, and many other prosecutions of the Government
and Courts ordering, against forgers of the bills of
credit and many other felons, for all wch. above 800
is due to me of wch. I cannot get one penny etc., asks
to be allowed 150 pr. annum from home, as his pre-
decessors were. Signed, Richd. Bradley. New York,
4th Jan., 1727. 4 pp.
4. ii. Memorial by the Attorney General of New York to
the Governor and Council, 14th Nov., 1727. Reports
against the bill for preventing prosecutions by
informations, submitted to him, as contrary to the
Common Law and H.M. Prerogative. The preamble
misrepresents matters of fact in stating that such
prosecutions have been for trivial matters. Instances
given. It would be most unjust to quash informations
without first paying the Attorney General the costs
already due on such prosecutions. The second enacting
clause that the Attorney General shall not prosecute
for any misdemeanour by information without an
order from the Governor signed in Council is directly
repugnant to the Common Law. The King cannot
be obliged to ask the leave of any of his subjects
whether he shall prosecute, or how or where, etc.
Signed, R. Bradley. Copy. 2f pp. [C.O. 5, 1092.
Nos. 64, 64 i, 58.]
Jan. 4. 5. Mr. Bradley to Mr. Popple. Encloses above memorial
New York to be laid before the Board etc. Continues : I hope their
m America. Lclp s . will be pleased to observe that tho' the Assembly should
not obtaine the Royal assent to the Act agt. informations ;
yet if it be not rejected, it will answer their intent full well ;
the Act being but for three years ; and I doubt not but their
Ldps. will from their former experience of the Assembly's of
this country and the present disposition they seem to be in ;
plainly perceive that they aim at [? no les\s than being independ-
ent on the Kingdome of Great Britaine as fast as they
can ; which too evidently appears by most of their schemes
and actions that relate to the Publick ; and therefore seems to
me, to require the greater zeal and courage in a Govr. to obviate,
altho' it should not happen to consist with his own private
interest ; which, from what I have hitherto observed, seems
to have been almost the only thing intended ; let the
i COLONIAL PAPERS.
1728.
consequence be what it will as to anything else etc. Signed,
Richd. Bradley. Endorsed, Reed. 27th Feb., Read 1st May,
1728. 1-|- pp. Edge torn. Enclosed,
5. i, ii. Duplicates of Encl. Nos. i, ii. preceding.
5. iii. Duplicate of Dec. 21, 1727. Encl. iii Minutes. [C.O.
5, 1054. ff. 258, 258u., 259i>., 263-274*;.]
Jan. 4. 6. Majority of Assembly of Barbados to the Council of
Barbados. Trade and Plantations. Enclose their petition to the King.
Continue : Wee should not have thus abruptly addressed your
Lordshipps, but the Island is now without any Agents, and ycur
Lordshipps' vigilance and zeale to protect and promote the
interest of all H.M. Colonyes so well known that wee flatter
ourselves your Lordshipps will have the goodness to pardon
our presumption, and make such a representation of our con-
dition to H.M. as our moveing circumstances stand in need of.
It will probably seem very strange to your Lordshipps that a
Colony, which has now for five years been seemingly so well
satisfied with a Governour, should now complain of grievances
of the nature set forth in our petition ; But the truth is wee
were tired out with contentions, and willing to suffer a great
deal rather than be troublesome, till at length wee have the
mortification to see our country brought to the very brink of
ruin. Our fortifications, platforms and breast-works are now
so ruinous that 100,000 will not put them in the condition
they were formerly in ; But if they were in order, wee have
no ammunition to defend them, so that in case of an attack,
wee must surrender to any invader. Our magazine has generally
had in it from 800 to 1000 barrels of good powder ; But now
there are not above 87 ; and of those, about 40 have lately,
upon the occasion of our attempt to enquire into the condition
of the Magazine, been bought by H.E.'s Secretary from the
Deputy Provost Marshall in a clandestine manner at 50s. by the
barrell (being the refuge of a pyratical cargo sold here), H.E.
having made a personal contract with the late store-keeper for
his Secretary to farm his office at 300 current money per
annum rent. This deficiency must have been occasioned by
the Secretary accepting money instead of powder contrary
to the law, or selling it etc. Our Governor, with apparent intent
to prevent our inquiring into and representing this and several
other grievances, has adjourned and prorogued the Assembly
from time to time, and wee have no prospect of being suffered to
sitt any more on business etc. Wee therefore pray your Lord-
shipps to pardon our directing some Gentlemen in London to
attend your Lordshipps on this occasion. Wee have omitted
in our petition the particulars of H.E.'s partial proceedings in
the Court of Chancery ; instances whereof are but too many
to be therein inserted, and the rather, because the parties
injured are ready, on any enquiry, to exhibit articles against
AMERICA AND WEST INDIES. 7
1728.
him touching his arbitrary granting and refusing injunctions,
occasional and suddain adjournments of the Court, and his even
ordering bills to be taken off the files without the concurrence or
assent of the Council, but on the contrary refusing to take their
opinion touching the same etc. Wee are not insensible but that
endeavours have lately been industriously used among us here to
procure an Address in December last from the late Grand Jury
returned out of three parishes only and pickt to represent our
Island as the happiest of H.M. West Indian Colony's under
the present administration ; and wee shall not trouble your
Lordshipps with a repetition of the usual methods taken to
procure such in the Plantations, nor of the common practices,
by which impositions of this nature have sometimes been
successfull : But my Lords, If wee, in conjunction with the rest
of our fellow-members, the Representatives of the People,
who were present when lately wee addressed H.E. on the occasion
he then afforded us (v. Minutes), may be presumed to know our
own and the People's circumstances better than persons meanly
culPd out to obtrude on strangers to the affairs and condition
of this Island such fulsome performances for truths in favour
of our Governour and his Judge, an active Agent on that and
other his occasions, etc. Signed, Hen. Peers, Edmund Sutton,
Thos. Maycock, jun., Tho. Spencer, Robt. Yeamans, W. Gibbons,
James Bruce, Edward Brace, Saml. Maynard, Jn. Cobham,
Jno. Bignall, Gel. McMahon, John Walcott, J. Fercharson.
Endorsed, Reed. 24th, Read 27th Feb., 172|. Addressed.
3 pp. Enclosed,
6. i. Petition of the Majority of the Assembly of Barbados
to the King. Jan. 4, 1727(8). Petitioners in their
legislative capacity lately had the pleasing satisfaction
of expressing their firm loyalty etc. in their Address
of congratulation etc. They cannot now without the
utmost regret and deepest sorrow find themselves in
their private capacity under the necessity of approach-
ing the same august Presence with complaints against
H.E. Henry Worsley etc., but the impending ruin of this
Colony, which can only be prevented by your Majesty's
speedy interposition, constrains them etc. In 1722,
when the Governour took the administration upon
him and for many years before the Gentlemen of this
Island having been harrast with partys and divisions,
in hopes to put an end to the same, and to obtain the
redress of several grievances, were wrought upon
to submitt to a settlement of 6000 sterl. per annum
on him etc., a settlement so very extravagant and so
much more than what the country could afford that
the inhabitants could never have long supported
themselves under the same, but which howsoever
they chearfully submitted to for several years. And
COLONIAL PAPERS.
1728.
yet notwithstanding the Island has been so fair from
reaping any advantage from their said indiscreet
generosity that the publick good has been intirely neg-
lected ; and no measures taken to redress the greivances
of the Island, But His Excellency and his creatures
have thereby been the better enabled and the more at
leisure to oppress the inhabitants. The Militia has been
totally neglected, the forts, breast-works and batterys
are gone to ruin, the publick stores are imbezled and
wasted, and all persons in office under H.E. bussied
in nothing but how to raise fortunes from the ruins
of the people by inventing new fees and perquisites,
and increasing the former fees and emoluments of
their several offices etc. The Freeholders, rowssed
at last with a just sense of their danger, did on the
election of the present Assembly in July make choice
of petitioners and others to enquire into and procure
redress of some of their most crying grievances, which
when the Assembly were sitting about, with all the
calmness and moderation imaginable and with due
deference and regard to his Excellency, he sought all
occasions to exasperate, maletreat, insult and abuse
the Assembly, who however resolved to overlook all
indignitys for the good of their country, and the said
Governor finding that he could not provoke the
Assembly to return the ill treatment they mett with
from him did on 5th Oct., command them to adjourn
for four weeks and though upon the application of
the Assembly (who humbly represented to him that
several bills and other affairs of great consequence
were then depending before the House, and therefore
prayed the adjournment might not be for so long a
time) he was pleased to shorten the adjournment by
the space of two days only, yet before the time of
their meeting came he prorogued them to the 9th Dec.
and from thence to 20th Feb. (to which time they
now stand prorogued) in order thereby to prevent
any inquiry into or representation of his male-adminis-
tration untill he may procure the renewall of his
Commission etc. The greivances the Island now
labours under and the male administration of the
Governour will appear from many instances, par-
ticularly, (i) He has never reviewed the Militia or any
of the forts or fortifications (Needham's Fort only
excepted, which is scituated a short mile from his
house) and has suffered several of the Regiments to
be without officers ever since his arrivall, and on the
common exercising days such of the Militia as do meet
have not been exercised for years together, although
AMERICA AND WEST INDIES. 9
1728.
lists have been called and fines exacted from those
who did not send their full complement of men to
exercise, if they were such as had the misfortune to
be under the Governour's or officers' displeasure,
(ii) He has permitted the powder to be imbezled and
wasted and money to be accepted in lieu thereof, so
that instead of 800 barrells, which was wont to be
the usual quantity in the Grand Magazine, there are
now no more than 87, and that which makes this
charge the more heinous and heavy is, that the custody
of the magazine has been notoriously these four year
past in the hands of one of H.E.'s domesticks, William
Webster, Deputy Publick Secretary etc., and also
H.E.'s Secretary and Principall agent, on whom he has
moreover bestowed the following places, Major of the
Guards, Master in Chancery, Captain and Chief Gunner
of the Principall fortifications, Surveyor General
and Captain of the Magazine Guarde etc. The offices of
Storekeeper and publick Secretary are incompatible
to be held by the same person etc., the Secretary
being the only cheque and Comptroller of the Store-
keeper. In case of warr there is no possibility of
purchasing in this or other your Majesty's West India
Colonys powder sufficient for the defence. (iii) The
Governour has encouraged and countenanced several
of the Officers of the Island, and particularly the
Deputy Secretary and Deputy Provost Marshall in
taking exorbitant and illegal fees to the great opp-
ressing and impoverishing of the inhabitants, who have
hitherto complained thereof in vain. These grievances
are the more unsupportable from the dismall appre-
hensions we must lye under in case of a warr, the forts
and other fortifications having gone to ruin, the
breastworks and batterys being broken down, the
great guns dismounted and without carriages,
warlike stores of all kinds being wholly wanted, and
the inhabitants unable to bear the necessary charge
of buying powder and repairing the fortifications
unless timely relieved by your Majesty etc. Signed,
Hen. Peers, Thos. Maycock, junr., Tho. Spencer,
Rt. Yeamans,W. Gibbons, James Bruce, Gel. McMahon,
Saml. Maynard, Jno. Cobham, Edward Brace, Jno.
Bignall, John Walcott, J. Fercharson. 1 large folded p.
[C.O. 28, 19. ff. 97-98u., 101, lOlu. ; and (duplicate of
enclosure) 28, 39. No. 42.]
Jan. 4. 7. Council of Trade and Plantations to the Lords Com-
wiiitehaii. missioners of the Treasury. By our letters of 22nd Feb. and
31st May last we acquainted your Lordships that one of the
10
COLONIAL PAPERS.
1728.
Jan. 9.
New York
in America.
Jan. 9.
Whitehall.
Jan. 9.
Whitehall.
Jan. 9.
Whitehall.
Jan. 9.
Jan. 9.
Marlboro'
Street.
Jan. 10.
St. James's.
partition walls of our Office was in a very ruinous condition.
This wall is now grown so much worse, and the cracks so much
wider, that we think it is in immediate danger of falling etc.
Request that it may be rebuilt. [C.O. 389, 37. pp. 284, 285.]
8. Mr. Bradley to the Duke of Newcastle. Asks to be
appointed to vacancy in the Council of New York caused by the
death of Mr. Barbaric. Signed, Richd. Bradley. Endorsed,
R. 28th Feb. I p. [C.O. 5, 1092. No. 65.]
9. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, Excise Act, of the Massachusetts Bay, 1726, and
a printed collection of 16 Acts of the same, 1727. [C.O. 5, 916.
pp. 55-58.]
10. Same to Same. Encloses, for his opinion in point of
law, Act of Nevis, 1727, for raising a poll-tax on negroes and other
slaves etc. [C.O. 153, 14. pp. 275, 276.]
11. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before the King.
Annexed,
11. i. Same to the King. Submit following.
11. ii. Draught of Commission for Thomas Earl of London-
derry to be Governor of the Leeward Islands, and
revoking that of John Hart. [C.O. 153, 14. pp.
275-306.]
12. Mr. Fane to the Council of Trade and Plantations.
Report upon Act of St. Kitts against covenous and fraudulent
conveyances and for a publick Registry. Considers it " a wise
and prudent law calculated for the general benefit of the Island "
etc., but agrees with Mr. Smith's objections as to the damage
it would inflict upon the Secretary's office (v. 6th Oct., 1727.)
Proposes therefore that, since this law is of such consequence
to the property of the island, that the Legislature there be
recommended to compensate him for the loss he would sustain
by it etc. Signed, Fran. Fane. Endorsed, Reed 9th, Read 10th
Jan., 172. 2% pp. [C.O. 152, 16. ^.120-121.]
13. Col. Hart, late Govr., to Mr. Popple. Proposes to attend
the Board when the Register Act of St. Kitts is considered.
Signed, Jo. Hart. Endorsed, Reed. 9th, Read 10th Jan., 172 f.
1 p. [C.O. 152, 16. ff. 122,
14. Copy of Commission of Governor the Earl of London-
derry. [C.O. 5, 194. ff. 5-27.]
AMERICA AND WEST INDIES.
11
1728.
Jan. 10. 1 5. Order of King in Council. Approving draft of Com-
st. James's, mission for Governor the Earl of Londonderry. Signed,
Robert Hales. Endorsed, Reed. 29th, Read 30th April, 1728.
1 p. [C.O. 152, 16. ff. 336, 337 v.]
Jan. 10. 16. Order of King in Council. Approving draft of Com-
st. James's, mission for Governor the Earl of Londonderry. Signed,
Robert Hales. 1% pp. [C.O. 5, 194. #1,11;.]
Jan. 11.
Jan. 11.
Jan. 11.
Mincing
Lane.
Jan. 13.
Barbados.
1 7. Mr. Fane to the Council of Trade and Plantations. Has
no objection to Act of St. Kitts submitted 14th Sept., 1727,
to subject all produce etc. of the late French part exported, to the
4| p.c. duties etc. Signed, Fran. Fane. Endorsed, Reed. 17th
.Jan., 172$, Read 5th June, 1729. 1 p. [C.O. 152, 17.
ff. 67, 680.]
18. Mr. Dunbar to the Council of Trade and Plantations.
Observations upon the office of Surveyor of H.M. Woods in
America and the survey and intended partition and settlement
of Nova Scotia. Abstract. He needs deputies and a guard
against hostile Indians. To obviate disagreements with the
Surveyor of lands, proposes that the two offices be combined
in one person. As fellers of trees are scarce and their wages
excessive, some supernumerary carpenters should be sent out
from the King's yards and saw-mills erected etc. Signed, David
Dunbar. Endorsed, Reed., Read 23rd Jan., 172|. Holograph.
2 pp. [C.O. 323, 8. No. 82.]
19. Mr. Humphrey Morice to the Council of Trade and
Plantations. Testifies to the integrity of Mr. Willett etc.
(v. Oct. 22, 1727) Signed, Hum. Morice. Endorsed, Reed,
llth, Read 26th Jan., 172|. 1 p. [C.O. 152, 16. ff. 124, 125i;.]
20. Governor Worsley to the Duke of Newcastle. Refers to
letter of 21st Nov. last. Continues : On 7th Dec. I prorogued
the Assembly to 20th Feb., during these prorogations the people
have been more quiet than of late, saving the choice of a Vestry
for the parish of St. Michael, where there was a very great
struggle in order to fling out Judge Pilgrim, a gentleman of
great honour, and probity, and entirely attached to H.M.
person and government. This gentleman was a Member of
the last Assembly when they first attempted to bring in the
self-denying bill, which he very vigorously opposed, and pre-
vented the passing it in that Assembly, for which reason the
factious party were resolved to hinder him from being chosen
a Member of the present Assembly, and in order thereto, sat
up Collo. Peers, son in law to the late President Cox, and one
of the richest men in the Island, to oppose him ; As Judge
Pilgrim has always given such publick demonstrations of his
12
COLONIAL PAPERS.
1728.
Jan. 13.
Barbados.
Jan. 18.
Whitehall.
Jan. 18.
Whitehall.
Jan. 20.
St.
Christophers.
great zeal for H.M. service, I should think myself deficient in
my duty if I did not particularly recommend him as a person
every way qualified to be a Member of H.M. Council here etc.
Signed, Henry Worsley. Endorsed, Rd. March 8th. 3 pp.
[C.O. 28, 44. No. 118.] ,
21 . Same to the Council of Trade and Plantations.
Duplicate of preceding. Signed, Henry Worsley. Endorsed
Reed., Read 8th March, 172|. 2 pp. [C.O. 28, 19. ff. 172,
., 178r>.]
22. Order of Committee of Privy Council. Referring to
Attorney and Solicitor General for their opinion the Act of
Antigua for constituting a court to hold pica of foreign attachments
etc. and the representation thereupon (v. 14th Dec. 1727).
Signed, Robert Hales. Endorsed, Reed. 29th, Read 30th April,
1728. 1 p. [C.O. 152, 16. ff. 330, 331*;.]
23. Order of Committee of Privy Council. Referring to
Attorney and Solicitor General Act of Antigua for securing title
of George Thomas etc., with representation thereupon, (v. 17th
Nov., 1727). for their opinion. Signed and endorsed as preceding.
1 p. [C.O. 152, 16. ff. 334, 885u.]
24. Lt. General Mathew to the Council of Trade and Plan-
tations. Is sending to Mr. Beak three Acts of St. Kitts, which
he hopes will obtain their approbation etc. (i) For regulating
vestries and erecting into parishes those parts of this Island formerly
belonging to the French, and for annexing other parts of the said
French lands to the parishes etc., and for repealing former Acts
for regulating other vestries and for ascertaining the bounds of
every respective parish, (ii) To enable the several parts of this
island formerly belonging to the French to choose and send repre-
sentatives to serve in the Assembly, to declare and ascertain the
number of representatives for the whole island, what number each
parish shall elect, and the several qualifications of the electors and
candidates, to secure the freedom of elections, and repealing an
Act of 1711 for preserving the freedom of elections etc. (iii) Re-
pealing an Act for settling 2000 upon Governor Hart etc.
Continues : The first became necessary not only for the reasons
given in the preamble, but for laying a foundation whereon
to build the second, than which nothing was more wanted to
settle and quiet the propertys of the inhabitants of this island,
which have been terribly bandyd about, and precarious even
to pity, from the small number of the Representatives in former
Assemblys. Twelve was the former number, of these seven
were a House, and of these four were a majority and four by
bad experience have been found for some years past to govern
the whole, The supineness of some, depending circumstances
AMERICA AND WEST INDIES. 13
1728.
of others, under daily threats of persecution in courts of law,
where partiality, tyranny and injustice with strange methods of
oppression were dayly us'd, these helped to give the four that
power they vexatiously us'd to suck out the very hearts blood
of the poor inhabitants of this island. But now, my Lords,
those days we hope are over, and your Lordships recommending
these two laws to be presented to H.M. for his assent, will be
blessing this island with freedom and safety to their propertys.
I shall not urge examples to convince your Lordships of the
truth of my observations, as they are now provided against
for the future, unless your Lordships order me so to do, nor
mention the sturdy struggles I have had to get these provisions
made for the public good, the oppositions almost equal to
insults I met with, from those whose tyranny was thus to be
overcome, or who abated and favour'd thro' fear or dependance
these cruel men, and I am sorry to say that at the very Council
Board they were able to influence the debates there. What
happn'd in the Assembly I am no other wise inform'd of, than
by the Minutes, and which that House have desir'd me by an
Address (which I enclose) to lay before your Lordships, and for
that purpose I transmitt them to Mr. Beake. When your
Lordships examine these two laws, and find them free from the
least private view, but wholly providing for a publick good, you
would be at a loss, whence any opposition to them could have
arisen, had I not thus candidly and impartially laid the truth
before you. I was, I own, resolved to carry them if possible,
and I have been detain'd, hitherto on this island, chiefly to
compass them. I recommended the second to this Island
twelve years ago, but could never till now obtain it : As a
Commissioner for H.M. sale of lands I joind with the other
Commissioners in informing their Lordships of the Treary.
how much it concernd H.M. service, that those we sold to,
should be equally concernd, with the rest of the island in the
Legislature, and their Lordships were pleased to signify to us
by Mr. Scrope, 4th Nov., 1726, that we should prepare and
procure the passing such laws, etc. And, my Lords, that no
one symptom might be to encourage jealousy s, or countenance
the many strange reports put about of private views of my own,
and intentions of advantage to myself, as soon as these three
laws were passed, I dissolv'd the present Assembly, and am
issuing writts to call a new one, that a law I have had so much
at heart for the islands good, the island may have an immediate
advantage of. The third law is occasiond from Governour
Hart's verbal resignation as mentiond in the preamble. It
met with but one objection, and that was in Council, were it
was suppos'd he might possibly return as Governour, but that
was dropp'd on a recollection that H.E. himself had declard
at that Board, just afore his departure, that the summe was
exorbitant, and a burthen the Island was not able to bear. I
14 COLONIAL PAPERS.
1728.
pray leave to make a further remark on H.M. Commission to
His Chief Governour here, and which I omitted 1st Dec. The
provision in case of the Captain General and Lt. General's
death or absence is that the chief Government should devolve
to the Lt. Governour of Nevis, or at his death to the eldest
Councellor and Council of that Island. I humbly submitt
to your Lordships whether that provision was not first made
when Nevis was the first seat of trade in these parts, from St.
Christophers being often ruind by French invasions, in peace
but half of it belonging to the Crown of Great Brittain, Antego
hardly settled or cleard out of woods, and Montserat (at best)
inferior to it. But now and for years past the chief trade of
the Leeward Islands is at Antego, next and very near to it at
St. Christophers, Nevis has quite losst it's trade, and is a desert
island to what it was thirty years ago. If the reason that gave
the preference to Nevis were still to prevail, the Lt. Governour
of Antego, would command next to the Lt. General, and next
to the Lt. Governour of Antego the Lt. Governour of St.
Christophers. But, my Lords, as matters now are, Mr. Sybourg
will hardly come to Nevis and here is now stated a case. In
case of my death the first Counsellor of Nevis, assisted by the
Council there will command the Lt. Governours of Antego and
Montserat, does not H.M. place his Lt. Governours at the head
of His Councils, must two, it may be three of them, be under
the command of a Gentlemen without Commission, only a
nomination to a seat at ye Council Board ? At a General
Council and Assembly that Gentleman would have place at the
Council Board but from the date of his mandamus, and might
still sitt below older Councellors of another island, whose very
Lt. Govr. as the Commission now is, he might happen the next
day to command. I submitt it to your Lordships whether it
would not be more reasonable that in case of the Chief
Governour's or Lt. General's death or absence the eldest Lt.
Governour remaining, should command in chief, if the preference
to Antego and next to St. Christophers be disapprovd, least it
happen that a younger Lt. Governour may become commander
of an elder. In the Islands Anguilla, Spanish Town and Tortola
there are many good subjects, some not quite so good. At
the ceremony of proclaiming H.M. there was some misbehaviour
at Anguilla, I did not care to mention to your Lordships at
that time, but now I do to recommend partly what I humbly
offer to your Lordships as to those islands. Governour Hart
chose Col. Phipps, who is first of the Council of this Island, a
Gentlemen of great good nature, integrity and worth and gave
him, as he was most acceptable to the people there, and best
known among them, a Commission as Governour of these and
all the Virgin Islands, and he out of honour to it, usd to go
once or twice a year at his own expense among them, (for 'tis
not worth half a crown a year) and by his presence and caracter,
AMERICA AND WEST INDIES. 15
1728.
he usd to bring matters into some temper. There's indeed a
particular Lt. Governour to each of them, but if his cudgell
happen to be a whit less than a sturdy subject's, Good night
Governour. Some how Col. Phipps displeased General Hart,
and he was removd and his place supplyed by one Woodrope
of this Island. His caracter is well known by every one that
ever was this way, and I shall not trouble your Lordships with
it, otherwise than to tell your Lordships, that to free those
people from a Bassa, I restord Col. Phipps. In these islands
there are continual contentions about their meum and tuum,
poor as tis, I would therefore offer that some sort of a judicature
be settled among them, at present the strongest has the best
title. And this must be some sort of a Court, where every
man may be heard to tell his own story. The Gentlemen of
the Barr will not attend, they cannot pay them, a retaining fee at
the standard of three or four years last past, would empty the
pockets of a whole Island. Jurys too will be hardly found
among such small numbers. The amount on the most populous
of these Islands hardly reaches 200 familys. They deserve
however some remedy against wrongs. Your Lordships wisdom
can best say how. In criminal cases Justice and a method of
it is as much wanted. Innocent blood is sometime shedd, and
no atonement made. Such a misfortune hapnd some time ago,
the criminal brought to St. Christophers, tryd and condemnd,
broke gaol, is now at noonday amongst these Islands, and no
remedy, for after all, Governour Hart was advis'd from home,
his tryal at St. Christophers was illegal. I pray your Lordships
a farther indulgence etc. Upon the death or absence of a Captain
General, no provision is made to keep his Commission as Vice-
Admiral in force here, in the person on whom the Chief Govern-
ment devolves. How necessary it be it should be otherwise,
your Lordships best know. The Commission of Capt. General
provides, that does not. This hapned to be in point t'other
day. Mr. Smith, Secretary of these Islands, sends me your
Lordships report on his case, and His Grace of Newcastle's order
to strengthen it. And thereon requird me to recall a Commission
given by Governour Hart at Antego to a Register of the
Admiralty, intimating at the same time Mr. Hart's disobedience
in not doing it before ; by way of advice, and what must follow
etc. But here Mr. Smith and I differd a little in our construction
of our mother tongue. He understands your Lops, are of
opinion evry one commission'd for any branch he claims, he is
immediately to be turnd out and he let in, and then the persons
may get him out again by law, if they can, but I humbly con-
ceive your Lordships did not mean such a remedy at law for
person who could claim none after his Commission was recalld,
but that your Lordships intended Mr Smith should continue
possessd of evry branch he held at any time by his patent, or
any Commission from Governor Hart and for the rest that your
16 COLONIAL PAPERS.
1728.
Lordships referrd him to his remedy at law on the validity of
his patent, against any one that usurpd any his right. I
mentiond this to him, but to no purpose. Mr. Smith and I
are on terms of friendship, but he was growing angry, when this
discovery, that I was not Vice- Admiral, came to my releif, but
least he should begin any contention with me before your
Lordships, I have prayd leave to say so much of the matter.
I am this day honourd with your Lordships commands of the
31st Aug., 1727, requiring I should give directions to the proper
officers, that all Acts and Minutes both of Council and Assembly
should be fairly abstracted in the margins. In my own justifi-
cation I could enclose a copy of my letters to the Secretary, and
so long since as September. By what I have transmitted to
your Lordships, you will see what that availd. I assure your
Lordships I have sent all I have receivd. The Clerk of the
Assembly of this Island alone complyd in this article. The
Act I sent was abstracted by my own Clerk, as are the three I
send now. He should have abstracted all the other papers I
sent, had I known your Lordships would absolutely require it.
But, my Lords, if the proper Officer does it, he is paid for it.
My Clerk has little more than the wages I pay him. I shall
signify to the proper officers your Lordships' orders, with all
speed. Refers to enclosures and papers sent to Mr. Meure.
P.S. 22nd Jan. This day H.M.S. Lark anchord at Basseterre
with H.E. Governor Hunter on board. He did me the honour
of dining with me on shore, immediately after Admiral Hopton
in H.M. ship Lyon anchord in the same road, and accepted my
invitation to come ashore. They were receivd with the best
compliments I could make them, embarked again in the evening,
and are say Id for Jamaica. Signed, William Mat hew. Endorsed,
Reed. 23rd March, Read 5th April, 1728. 10 pp. Enclosed,
24. i. Address of Lt. Governor, Council, Assembly and
inhabitants of St. Christophers to the King. Loyal
Address upon his succession. 89 signatures. Endorsed,
Reed, (from Mr. Meure) 26th March, Read 5th April,
1728. 1 large p.
24. ii. Address of Assembly of St. Christophers to Lt. General
Mathew. 19th Dec., 1727. The Assembly have
nothing in view but the honour of His most sacred
Majestic, the security of the island, and the preserva-
tion and establishment of the just rights and priviledges
which his Majestic and His royal predecessors have
graciously been pleas'd to allow to all His British
subjects etc. Yet there have been persons, and even
within our doors, who (acting upon private and sinister
designes) from the very first sitting of this House,
have, as much as in them lay obstructed all our pro-
ceedings for the publick wellfare and attempted to
prevent or imbarrass the passing, even of those laws
AMERICA AND WEST INDIES. 17
1728.
your Honour was pleased to recommend, and which
they themselves are ashamd to avow a dislike of. To
this end they, by a behaviour and indecency of ex-
pression very unbecoming the Representatives of
a country, endeavoured to intimidate the Members
and introduce confusion in our debates, but finding
they could not thus divert the House from their
attention to the publick good, they then withdrew
themselves from their attendance in it, tho' all or
most of them allways appear'd in defiance of it, at
the place of Sessions, on every meeting etc. We have
just apprehensions that those restless persons etc.
will misrepresent our proceedings to H.M. We
therefore send your Honour a transcript of our Journals
to be layd before H.M. and the Lords Commissioners
for Trade for our justification etc. Signed, Matthew
Mills, Speaker. Endorsed as preceding. 1 p.
24. iii. Address of Same to Same. 19th Dec., 1727. Offer
tribute of thanks and affection for the " happyness
and security we owe to your Honour's administration."
Instance building of gaol and repair of forts, and
erection of fortifications on Brimstone Hill, carried
out by him with the greatest frugality and accurate
accounts, of which every single article was proved to
be paid for the publick use. " Under your adminis-
tration, we first saw our publick credit rise. To put
it upon an equal foot with that of private persons,
was once thought impracticable etc., yet you rais'd
it even higher etc., and it is [due] to you alone the publick
publick is out of debt etc. Express gratitude for the
laws which he proposed and has passed etc. Signed
and endorsed as preceding. If pp.
24. iv. Journal of Assembly of St. Christophers, 5th Dec.,
1727. The Committee of Accounts reported that Lt.
General Mathew's accounts for fortifications were
just, reasonable and exact. 12th Dec. Accounts
passed. Same endorsement. Copy. 3| pp.
24. v. Opinion of Mr. Warner, Attorney General, upon Mr.
Smith's demand that Lt. General Mathew should
revoke Henry Warner's Commission for Register of
the Admiralty in Antego (v. covering letter). Same
endorsement. Copy. 2| pp.
24. vi. Lt.-General Mathew's Instructions to the Clerks and
Treasurers of the Leeward Islands to abstract minutes
in the margins etc. Sept. 18, 1727. (v. covering letter).
Same endorsement. Copy. 1| pp.
24. vii. Christenings and Burials in St. Christophers, Michael-
mas 1726-1727 (by parishes). Totals : Christenings,
155 ; Burials, 94. Same endorsement. 6 pp.
C.P. xxxvi 2
18 COLONIAL PAPERS.
1728.
[C.O. 152, 16. ff. 231, 232, 233, 234, 235, 236, 237,
238, 239, 240-242, 243-244t;., 245i;.-250t;., 25lv, 252,
253, 254, 255, 256, 257, 2570.]
Jan. 22. 25. Anon to [? ] Revd. Sir, We wrote awhile agoe
Boston. t ne Duke of Newcastle as also Sir Rot. Walpole the very de-
plorable state of New England, but fear both our letters are
miscarry'd etc. We H.M. subjects who went from Ireland to
New England in the late insurrection of the Indians suffer'd
the loss of all we had, excepting our lives (preserv'd by your
garrison) were willing and desirous to return to our plantations
and with many others lately arriv'd since petition'd the Genl.
Assembly here for unappropriated lands in the Eastward near
your Garrison. By our great numbers unanimity and
contiguous building we should have been able to defend our-
selves agt. the Indians and been a strong frontier to all the
Eastern parts, but the Genl. Assembly who love none, yea hate
all but those of their own country and profession rejected the
petition p. 66, par. 1 of the votes whereby we, who before the
late war spent all we had and made H.M. land capable of
producing flax hemp and other naval stores, are cut off from
all hope of returning to our former possessions. Since that
they have made an act that no settlements shall be made to
the eastward of North Yarmouth, and have withdrawn all
the soldiers from the eastern parts whereby not only your
garrison is left intirely to the mercy of the Indians page 50
(unless H.M. King George grant you a few souldiers to defend
it) but many familys forced to leave their lands and dwellings
with H.M. cultivated land to the Indians. We have sent you
the Minutes to prove these things and particularly Mr. Menzies
being expell'd the House for his fidelity vide asterisms.* Your
son is turned out of his place under the pretext of exacting
upon the Indians in commerce with 'em but they peaceably
suffer their own countrymen to trade as they will. We all know
'twas impossible for him to stand agt. the New England
antipathy which is very great agt. all presbyterians and Church
people. Your daughter's character has been industriously
struck at by the people here of New England, they say she was
the Duke's whore, who for that reason recommended her brother
to our Lieut. Govr. We humbly beg you'l lay all these things
before his Grace with your own hand, and the affair of our Lieut.
Govr., and the Captn. of the man of war, and we obtest and
charge you that you answer such questions as his Grace shall
put to you. We appeal to you or Mr. Hamilton for the truth
of these things and desire you to send us an answer directed to
the Revd. Mr. James McGregore at Nutfield to be communicated
for we must not write our names lest our popular Lieut. Govr.
cause us to be excommunicated as Mr. McGregore has been
allready, only for ordaining a presbyterian Minr. in conjunction
AMERICA AND WEST INDIES. 19
1728.
with his brethren etc. P.S. If the King don't take this country
and South Carolina also under his more immediate Government
we utterly dispair of seeing this or that a thriving Colony.
Signed, J. S., A.D., J.M., A.F., S.N., Q.D., wt. 300 more, f p.
[C.O. 5, 898. No. 43.]
[Jan. 23.] 26. Petition of the Duke of Montagu to the King.
Petitioner's intended settlement of Sta. Lucia having been
disappointed by the French etc., prays for a grant of Tobago,
in lieu of that of Sta. Lucia and St. Vincent, which petitioner
offers to resign, (i) The settling of Tobago will very much
augment the revenue of the Crown by the importation of the
product of the said Island to Great Britain, and as the duties
paid on the importation of the sugar product of Barbados only
amounts to upwards of 25,000 a year of which 10,000 belongs
to the Crown as part of the Civil List revenue, it is more than
probable that in less than seven years time the duties on the
importation of Tobago would be as much if not more by reason
the produce of that Island would be very great, from its being
new land without the Crown or Nation's being at the least
expence. (ii) The settling of the said Island will encrease the
exportation of the product and manufactures of Great Britain
for the support of its inhabitants, and of consequence the number
of ships and seamen of the Kingdom etc. (iii) So much more
product will be imported to Great Britain, and consequently
there will be so much more to be re-exported to foreign countries,
which will also very much encrease the trade navigation and
profit of the Kingdom, (iv) The settling of the said Island will
be a great addition of strength to the British sugar plantations
and a great security against the growing power of the French
Colonies, every ship going from France to the French Islands
being obliged to carry thither a certain number of families, by
which the strength of their islands daily encrease, and they are
now so powerfull as to be able whenever they think proper to
endanger the loss of the British Sugar Plantations which are
so considerable a branch of the Revenue to the Crown and trade
of the Nation, unless guarded against in time by the additional
strength of new settlements, (v) The settling of Tobago will
be very advantageous in time of war from the situation of the
Island which is such, that every ship going from Europe or
Affrica to Portobello, La Vera Cruz, Havana, Carthagena,
Portorico, Hispaniola, Cuba, or any other part of the New
Spain must of necessity sail in sight of or near this Island,
(vi) If not settled by the English it will some time or other be
settled by some other Nation by which they will not only reap
the benefit that England would have by settling this Island
but their strength will thereby be still so much the more superior
to that of Great Britain in that part of the world, etc. Signed,
Montague. Endorsed, Reed., Read 31st Jan., 172|. Subscribed,
20 COLONIAL PAPERS.
1728.
26. i. H.M. is graciously pleased to referr this petition to the
Council of Trade and Plantations etc. Signed, Holies
Newcastle. The whole, 5 pp. [C.O. 28, 19. ff.
47-49, 50i>.]
Jan. 24. 27. Council of Trade and Plantations to the Lords Com-
Whitehaii. missioners of the Treasury. Request payment for Office expences
and Officers' salaries for quarter ending Christmas last. Account
annexed. [C.O. 389, 27. pp. 285-287.]
Jan. 29. 28. Protests in Council by Lt. General Mathew against the
appointment of Chief Justice Greatheed and other Justices,
quam diu se gesserint. St. Christophers, March 6th, 1727, with
opinions thereon. Endorsed, Reed. 29th Jan., Read 5th April,
1728. Copy. 61 pp.
Protests in Council by Jos. Estridge, John Willett and Charles
Payne. St. Christophers, 13th July, 1727, against the removal
of Chief Justice Greatheed. Same endorsement. Copy. 3% pp.
[Jan. 29.] Opinion upon preceding by Ashton Warner,
Attorney General, July 24th, 1727. Same endorsement. Copy.
8 pp.
[Jan. 29.] Deposition of Thomas Pilkington, Merchant of
St. Christophers, 22nd July, 1727, as to the verdict of the Jury
of which he was foreman against James Gordon. Signed, Tho.
Pilkington. 1 p.
[Jan. 29.] Deposition of Richard Haukshaw, merchant of
St. Christophers, 17th July, 1727, as to misbehaviour by
Edward Johnson as Justice of the Peace, May, 1726. Signed,
Richd. Haukshaw. f p.
[Jan. 29.] The vindication of James Gordon in reply to the
reasons given by Joseph Estridge and John Willett against his
being appointed a Judge etc. Signed, James Gordon. 3 pp.
[Jan. 29.] Answer of Lt. Gen. Mathew to the dissent of
Estridge, Willett and Payne to the appointment of William
Pym Burt to be a Judge. 2 pp.
[Jan. 29.] Remonstrance and Information to Lt. Gen.
Mathew against Chief Justice Greatheed. 3 pp.
[Jan. 29.] Minutes of Council of St. Christophers, 25th Feb.,
1727 ff., relating to the removal of Chief Justice Greatheed.
21 pp.
[Jan. 29.] Deposition of Thomas Pilkington. St.
Christophers, 20th July, 1727, as to Chief Justice Greatheed's
partial ruling in the case of Thomas Buttler v. James Milliken,
wherein deponent was foreman of the jury. Signed, Tho.
Pilkington. 1 p.
[Jan. 29.] Deposition of James Milliken. Aug. 2, 1727.
As preceding. Signed, James Milliken. 1 p.
[Jan. 29.] Deposition of Thos. Bluett, 24th Aug., 1727.
Chief Justice Greatheed refused to allow deponent, as attorney
AMERICA AND WEST INDIES. 21
1728.
in case of Thomas Butler v. John Brownrigg, carpenter, for
assault and battery, to pay costs and amend his plea according
to the constant practice of the Court. Signed, Thos. Bluett.
1 p.
[Jan. 29.] Deposition of Thomas Davis. 17th Aug., 1727.
Describes how Butler attacked Brownrigg (v. preceding) with
sword and horsewhip, before Brownrigg threw stones at him
in self defence etc. Signed, Tho. Davis, f p.
[Jan. 29.] Deposition of Edward Mann. 18th Aug., 1727.
In Aug. last Dr. Symon Allen desired him to introduce him to
the Council when sitting in order that he might depose that
Chief Justice Greatheed had received of him two bills as a bribe
in a case he had depending before him. Dr. Allen afterwards
became distracted and died so, but at that time was in his sound
senses. Signed, Edwd. Mann. 1 p.
[Jan. 29.] Deposition of Thomas Bluett. 24th Aug., 1727.
Practitioners in the Court of King's Bench frequently complained
that C. J. Greatheed used great partiality in taxing bills of
costs, allowing much larger bills to Mr. Spooner and Mr. Butler
than to others etc. Signed, Thos. Bluett. 1 p.
[Jan. 29.] Deposition of Edward Claxton. 25th Aug.,
1727. In an action brought by deponent against Thomas
Bisse for goods delivered, C. J. Greatheed and Edward Johnson,
a Justice Assistant, assessed damages and gave judgment for
deponent for 1600 Ib. sugar, and 36 9s. 2|d. current money,
on the evidence of his books only, without a verdict of jury
or other evidence, Thomas Butler being his lawyer. Signed,
Edward. Claxton. f p.
[Jan. 29.] Copy of clause in an Act of Courts of St.
Christophers, 25th April, 1724, enabling Justices to determine
actions under the value of 10 etc. frds pp.
[Jan. 29.] Proceedings in the Court of King's Bench, 13th
July, 1725, in the case of Butler v. Brownrigg (v. supra). Copy.
2 pp.
[Jan. 29.] Writ of attachment of the goods of John Brown-
rigg, now absent from the island, as security for his answering
Thomas Butler, Speaker of the Assembly, in his action against
him (v . supra) 2nd June, 1725. Signed, John Greatheed. Copy.
f p. Overpage, List of goods attached accordingly. Signed,
Edmd, Tannatt, D.P.M. | p.
[Jan. 29.] Writ of possession of a plantation recovered in
judgment in the case of Elizabeth Crooke, widow, and Clement
Crooke, infant, John Greatheed, Peter Thomas etc. v. Stephen
Duport. Signed, Peter Thomas. 25th May, 1724. Possession
given accordingly. Signed, Edmd. Tannatt, D.P.M., Aug. 11,
1724. 1 p.
[Jan. 29.] Proceedings in the Court of King's Bench and
Common Pleas in the case of Simon Allen and Eleanor his wife v.
22 COLONIAL PAPERS.
1728.
Benjamin Estridge in a plea of detinue of 24 negroes etc. 14th-
23rd May, 1724. Judgment of recovery for plaintiffs etc.
Copy. 2 pp.
[Jan. 29.] Copy of writ of execution in above case, 21st
Feb., 1724. Signed, John Greatheed. Copy. 1 p.
[Jan. 29.] Order of C. J. John Greatheed in Court of King's
Bench, 9th March, 1727, in case of Prince and Bartholomew
Lynch. Copy. | p.
[Jan. 29.] Proceedings of above Court in case of John Denn
v. Robert Roe, a plea of trespass and ejectment for two planta-
tions in the parish of St. John Capisterre, Joseph and Benjamin
Estridge, lessors etc. llth May-27th Aug., 1725. Copy. 3pp.
[Jan. 29.] Copy of clause in Act of Courts, 25th April, 1724,
infringed by preceding. 1 p. [C.O. 152, 16. ff. 260-268,
270, 272-274U., 276-277, 278-279, 282, 284, 286, 288, 290, 292,
294, 295, 297, 298, 299, 299u, 302-303, 304, 305, 306, 308, 309,
310, 811.]
Jan. 31. 29. Duke of Montagu to the Council of Trade and Planta-
tions. A very violent cold prevents me having the honor I
intended my selfe in waiting on you to day etc. Encloses his
petition (v. Jan. 23). Continues : As what I aske of H.M. is
to exchange the island of Tobago for those of St. Lucia and St.
Vincent which are myne, and which I may safely say I have
paid dearly for, I have sent your Lordships a copy of my grant
of those Islands etc., hopeing that I shall not be put under
harder conditions in my grant of Tobago then those I volun-
tarily give up. I am informd that H.M. who has been so good
allready to express his willingness to grant my petition provided
your Lordships see no ill consequence from his doeing so, is
desirous, that if the Island be granted to me, it may not be
granted to me in the nature of a Proprietary Government, but
that the soveranity of the Island, and the apointment of the
Governor may be reservd to the Crown ; which is intierly my
own sentiment, and which I very redyly agree to, and your
Lordships will see that my grant of Sta. Lucia and St. Vincent
was in that manner, but as I am desirous their may be as few
objections as possible to what I desire, I have in a draft of
another grant which I propose as a model of the grant of Tobago
(v. end. ii), intierly separated the grant of the Island, from the
grant of the Government which were in sum measure intermix'd
in my grant of Sta. Lucia, etc. Your Lordships will find in it
the soile of the Island onely, with such powers, jurisdictions,
and advantages, which every Lord of a manor enjoies, and which
it can be no prejudice to the Crown to grant, given to me my
heirs and asignes for ever, next you will find the intire soveranity
of the Island reserv'd to H.M. and his successors, then you will
find the constitution of a Governor with his powers, which are
the same with the Governors of the other Islands, and lastly
AMERICA AND WEST INDIES. 23
1728.
is the office of Governor granted to me and my heirs male, which
I hope your Lordships will have no objection to, sence in my
grant of St. Lucia that office was granted to me and my heirs
for ever, and that it woud be impracticable for me to undertake
the setlement of the Island without being Governor of it, att
lecst for my lyfe, from the many inconveniencis which of nesesity
woud arize in makeing such a setlement if the Government was
in the hands of any person over whom I had no power ; and as
I propose in this grant, which was not in my other, that the
Deputy Governor which I shall apoint with the aprobation of
H.M., shoud att any tyme be remov'd att H.M. pleasure, I
hope you will find the Government of the Island will thereby
be so much in the power of the Croun that you will not see any
ill consequence in the Croun's granting me the office of Governor
of the Island in the manner I desire, there is one other thing
in this draft I recomend to your consideration, which I hope
you will not think onreasonable, which is that as it must of
nessesity be a great expence to me in makeing fortifications to
secure the Island, that whenever the Government goes out of
my famely, they may be reimbursed that expense, as to all
the conditions on which the Island is to be granted to me you
will find them the same as those on which St. Lucia and St.
Vincent were granted me, with one more condition aded, which
is, that as soon as I shall be in quiet possestion of the Island of
Tobago I shall resigne all my right and tytle to the Islands of
St. Lucia and St. Vincent to H.M. and his heirs. In the in-
structions given to Lord Belhaven and Mr. Worsley by which
they were impowered to grant lands in Tobago, the foure and a
halfe per cent duty to be paid on the exportation of the product
of those lands was not to comence tell ten year after the date
of the grants, and if the same might be alowed now it woud
be a very great encouragement to the settlement, but I submit
every thing to your Lordships, and as I am persuaded you will
think the setting of Tobago is att this tyme very nessesary to
secure it to Great Britain from the encroachments that are daily
made upon us by our neighbors, I flater my selfe you will not
onely report in my favour, but that you will represent to H.M.
the nessesity of asserting his right and suporting the setlement
of that Island, espestialy since it will not be a proprietary
Government. I shall conclude by beging of your Lordships
to enjoin secrecy to your Clerks and other servants threw
whose hands this afaire must pass, that if possible it may not
be mentioned out of your Board, any where but in the other
offices where of nessesity it must go threw, leest it shoud come
to the knowlege of any of our neighbours whom I said before
are glad of any opertunity to encroach upon us, and who very
possibly upon the knowledge of a designe of settling this Island
myte be beforehand with us. Signed, Montagu. Endorsed,
Reed., Read 21st Jan., 172$. Holograph. 4 pp. Enclosed,
24
COLONIAL PAPERS.
1728.
Feb. 2.
Whitehall.
Feb. 2.
Montscrrat.
[Feb. 6.]
Feb. 7.
Whitehall.
[Feb. 8.]
29. i. Duke of Montagu's Grant of Sta. Lucia and St.
Vincents, 20th June, 1722. Enrolled in the Office
of the Auditor of America, 27th July, 1722. Copy.
Endorsed as preceding. 15 large pp.
29. ii. Draft of proposed grant of Tobago to the Duke of
Montagu, referred to in covering letter. Same
endorsement. 23 pp. [C.O. 28, 19. ff. 51-52^., 53v.,
54-90,
30. Council of Trade and Plantations to the Duke of New-
castle. Enclose Address from New Jersey, to be laid before
the King. (v. Dec. 18, 1727.) Autograph signatures. 1 p.
[C.O. 5, 980. No. 44 ; and 5, 996. p. 249.]
31 . Capt. George to [?the Duke of Newcastle]. Refers to
letter two years ago asking for the Government of Bermudas,
which he had hoped to obtain, but now learns it is disposed of
to Mr. Pitt. Continues : That which I at present have, is such
an expence to me (for the country does not give me one shilling)
that even the pay and perquisites of my Company is not
sufficient to defray etc. Asks leave to dispose of his Government
and Company, " which together, will ammount to about one or
two and twenty hundred pounds," and retire to S. Carolina or
Virginia, " for I see no probability in the station I am at present
in, of laying up anything, towards discharging such debts, as
was the occasion of my leaving England, but the contrary."
Refers to his services in the army for 25 years etc. Signed,
Paul George. Endorsed, Rd. May 24th. 1| pp. [C.O. 152,
43. ff. 25, 25v., 26v.]
32. Edward Johnson to the Council of Trade and Planta-
tions. Asks for copy of the reasons alledged by Lt. Governor
Mathew for displacing him as Judge etc. (v. C.S.P. 15th Aug.
and 6th Oct. 1727.) Endorsed, Reed, (from Mr. Matthews, Mr.
Johnson's Agent), Read 6th Feb., 172|. 1 p. [C.O. 152, 16.
ff. 139, 140.]
33. Mr. Popple to Mr. Scrope. Refers to letter of 16th
March, 1727. Continues : My Lords having now under their
consideration Instructions for Col. Dunbar, appointed Surveyor
General of H.M. woods in America, think this a proper occasion
of reminding the Lords of the Treasury of the draft of the bill
for the better preservation of H.M. woods therein enclosed etc.
[C.O. 324, 11. pp. 60, 61.]
34. Extracts of letters from John Bennet, Merchant in
Barbados, to the Duke of Montagu, (a) Barbadoes, Sept. 17,
1726. There are now about 300 French families settled on
St. Lucia, and some of them owners of 20 or 30 negroe slaves,
AMERICA AND WEST INDIES. 25
1728.
so that 'tis not to be doubted but they will make themselves
masters of it by degrees, as also of St. Vincent and Dominico,
by means of their Fryars and other Missionaries who use all
their arts to gain the Indians and negroes. Proposes that the
English should have some encouragement to be making settle-
ments on St. Lucia, as well as the French, for it is certain they
are connived at and underhand encouraged. Continues :
We have now a great many vessells trading in the Petite
Careenage and also about the Island for timber, which is very
valuable, and would be more so, should we be denied by the
Dutch to trade to Surrinam, of which there has been some talk,
and some of our vessells have actually returned, without being
permitted to trade etc. Many of our English would likewise
make settlements on St. Lucia, and clear up parcells of land in
such parts as suited them, provided they had some assurances
from your Grace, that they should not be dispossessed
of their lands, but should hold them by some certain easy
and reasonable tenure. Should your Grace impower any
person to give out grants in your name, in such manner as was
Mr. Uring, the English would settle there as fast as the French
without putting you to any further expence. The consequence
of which might be, that possibly the French might get possession
of one half of the Island, and we of the other, as formerly on
St. Christophers etc., which would be better than to suffer the
French to settle it entirely. Their possessions are too great
already amongst these Islands etc. Suggests, alternatively,
a Treaty with the French etc.
(b) Nov. 30, 1727. Acknowledges letter of Jan. 24, 1727.
Encloses following, showing how the French are making them-
selves masters of St. Vincents by the only advisable method.
Were they to do it openly and by force, the negroes and Indians
would obstruct them, as they have formerly done, but by the
preaching and insinuation of their Fryers, and gratuities of
rum sugar, and other little commodities, they insensibly in-
sinuate themselves into the affections of those people, and begin
to make themselves not only acceptable, but usefull and
necessary amongst them. It is certain that St. Vincent has
of late supplied Barbadoes with several sloop loads of corn.
All which is enough to alarm the British Ministry as they regard
the protection and trade of the Caribbee Islands, for they are
growing so powerfull that if not speedily, nay immediatly
stopt in their progress, they will certainly destroy all the Leeward
English Islands and Barbadoes itself. Besides the French
Court has transmitted to Martinique an Edict prohibiting all
manner of trade in the W. Indies with the English Danes and
Dutch and ordered several sloops be employed as guarde de
la costas etc., and at the same time giving licence to all French
vessells to trade to the Spanish Islands of Margarita, Trinidada
and Portorico. Your Grace will best judge for what reasons
26
COLONIAL PAPERS.
1728.
Feb. 8.
Whitehall.
this is done etc. I have sent to Mr. Woodbridge a small sample
of the tobacco that the French make on St. Vincents, which I
had from Mr. Ridley etc. Copy. Enclosed,
34. i. Deposition of John Ridley of Barbados, 28th Nov.,
1727. On 4th Nov. deponent, master and owner of
the sloop Endeavour, proceeded to Corbaco, a fine bay
in St. Vincents, to meet another sloop he had sent to
cut timber. There were settled six or seven French
families, and about a league to the north in another
bay fourteen or fifteen. The said inhabitants raised
provisions and a great quantity of very good tobacco,
somewhat like that of Brazil. Deponent was informed
that there were French inhabitants settled in most
parts of the Island, and in one part there was a con-
siderable town and a Mass house ; that there are a
great many free negroes and Indians on the Island
and the French are daily coming over to settle there
from Martinique, and that they raise and export
great quantities of corn. He was informed by a
schooner from Martinique, that a French man of war
was coming from Martinique to seize their sloops, or
to know by what authority the English cut timber
there, whereupon deponent hastened to Barbados,
etc. Signed, John Ridley. Endorsed, Reed, (from
D. of Montagu), Reed. 8th Feb., 172|. Copy. The
whole, 4 pp. [C.O. 28, 19. ff. 92-93?;., 95v. ; and
(duplicate of enclosure) 96, 96*;.]
35. Mr. Popple to Lt. General Mathew. Acknowledges
letters of 31st May, 24th June, 15th Aug., 12th Oct., and 1st
Nov. Continues : In these letters you mention several papers
to be presented to the Board by Mr. Beak, Mr. Butler, and Mr.
Meure ; But this being a method of correspondence not approved
of by their Lordships, I am commanded to signify to you their
desire, that your letters to them, and whatever papers are
therein referred, may for the future be sent sealed directly to
the Board. H.M. having been pleased to refer to their Lordships
a petition of Mr. Greathead etc. (v. No. 28), and they having
moved that both you and he may be directed with such other
persons as you and he shall think proper, to make affidavits
before any judge or magistrate in St. Christophers etc., and that
the said affidavits be mutually exchanged between you,
and then transmitted to my Lords, under the Seal of the Island
etc., their Lordships expect, that you should punctually comply
with what is above proposed, as soon as possibly may be. I
have wrote by their Lordships' order to this purpose to Mr.
Greathead. Mr. Willett, having complaind of his having been
ill used by you in Council (copy enclosed), my Lords expect you
will in like manner transmit your answer thereto etc. I have
AMERICA AND WEST INDIES.
27
1728.
Feb. 8.
Whitehall.
Feb. 8.
Whitehall.
Feb. 8.
H.M.S.
Berwick
Port Royal,
Jamaica.
also acquainted Mr. Willet with their Lordships' directions etc.
Their Lordships observe by your letter of 15th Aug., that you
are preparing an account, in the nature of a present state of
the Leewd. Islands which, as their Lordships think it will be
of great advantage to them, I am to desire you will transmit
it as soon as possible. [C.O. 153, 14. pp. 307-309.]
36. Same to Mr. Great head. Directs him to proceed as
above. [C.O. 153, 14. pp. 309, 310.]
37. Same to Mr. Willett. Directs him to proceed as above,
" as their Lordships are of opinion that every Member of the
Council ought to enjoy freedom of debate and vote, their Lord-
ships are always desirous of doing whatever in them lies, to
promote the same " etc. [C.O. 153, 14. pp. 310, 311.]
38. Capt. Gordon to Mr. Delafaye. This [is] the poorest
squadron that ever went home from these parts, all of them
having drawn monney from home except Capt. Solegard, and
which is worst of all, no monney in the country to be sent home.
I have been but once at sea since I came to this country, and
on the second day after I was out, lost all my mast, sailes and
rigging, and lye in harbour now till my stores come from home ;
however those that goe to sea can meet with nothing out of
harbour, all the Spaniards keeping close in port etc. Has sent
an express to Admiral Hosier with Sir Charles Wager's orders,
in accordance with enclosed instruction etc. Signed, Geo.
Gordon. Endorsed, R. 15th April. Holograph. 1 p. Enclosed,
38. i. Commodore St. Loe to Capt. Gordon. Bredah, Port
Royal, Dec. 1727. Instructs him to forward by
express any letters that may arrive to him off Point
Canoa etc. Signed, E. St. Loe. Copy. 1 p. [C.O.
137, 53. ff. 16, 17,
Feb. 8. 39. Mr. Carkesse to Mr. Popple. The Commissrs. observing
Custom ho. that it has been the practice to permit logwood of the growth
and produce of the Bay of Campechea to be carryd directly
to Holland and other foreign parts from New Yorke and other
British plantations and it being required by law that all fustick
or other drying wood of the growth, production or manufacture
of any British Plantation in America, Asia or Africa which shall
be exported from thence, shall be brought directly to some port
in Great Britain and there put on shoar, the Commrs. desire
you will move the Lords of Trade and Plantations for their
opinion whether Campechea is to be esteemd a Plantation
belonging to the Crowne of Great Britain etc. Signed, Cha.
Carkesse. Endorsed, Reed. 8th, Read 9th Feb., 172|.
Addressed. 1 p. [C.O. 388, 27. T. 7.]
28
COLONIAL PAPERS.
1728.
Feb. 9. 40. Mr. Popple to Mr. Carkesse. In reply to preceding,
Whitehall, encloses copy of Representation of 25th Sept., 1717. [C.O.
389, 28. p. 332.]
Feb. 9. 41. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following. Continue : Your Grace will
perceive etc. that the French are actually peopling the islands of
St. Vincents and Sta. Lucia, and that their strength is increasing
so fast in the Charribbee Islands, that if some stop be not
speedily put thereto, there is great reason to fear that all the
Leeward Islands, and even Barbados itself, will be in great
danger in case a rupture shou'd happen between the Crown
of France and this Kingdom. Your Grace will likewise perceive
that the French at St. Vincent do raise and export great
quantities of corn, and that Barbadoes has of late been supplyed
with several sloop loads thereof, to the detriment of the trade
formerly carried on between that Island and some of H.M.
Northern Plantations. There is one particular more, which
we begg leave to mention to your Grace vizt., that a French
man of war was expected from Martinique to seize what English
sloops shou'd be found at St. Vincents, or to know by what
authority the English cut timber there ; we need not upon this
occasion repeat to your Grace the too well known consequence
of permitting the French thus to become masters of places to
which H.M. has an undoubted title and therefore shall make but
this one observation, that the French, if left at liberty to become
masters of these islands, will be possess'd of the finest and safest
harbour in all America ; by which means they will not only
have it in their power to make themselves masters of all the
trade to the Spanish West Indies, but will have many more
opportunities of clandestinely importing into H.M. Charibbee
Islands such foreign goods as ought legally to be imported thither
from hence only, to the manifest detriment of the trade of this
Kingdom. Autograph signatures. 3 pp. Enclosed,
41. i. Copy of letter from Mr. Bennet, No. 34 (b).
41. ii. Copy of deposition of John Ridley, No. 34. i.
[C.O. 152, 40. Nos. 22, 22. i, ii ; and (without
enclosures) 29, 14. pp. 431, 432.]
[Feb. 10.] 42. List of papers received from Mr. Meure, referred to by
Lt. General Mathew in late letters, relating to the removal of
Chief Justice Greathead etc. 2 pp. Endorsed, Reed. 10th
Feb., Read 5th April, 1728. 2 pp. [C.O. 152, 16. ff. 258,
258v, 259v.]
Feb. 10. 43. Governor Hunter to the Council of Trade and Planta-
tions. By H.M.S. the Dunkirk (which is the first opportunity
that has offered since my arrival) I have the honour to acquaint
your Lordships that, after a very agreeable passage of eight
AMERICA AND WEST INDIES.
29
1728.
weeks, I came safe here on the 29th of the last month etc. My
Commission was published the next day etc. and a general satis-
faction appeared among the inhabitants. I have with the
advice of the Council, issued writts for calling an Assembly ;
and they are to convene the 28th of March : I am in hopes they
will meet with a good disposition to promote H.M. service and
the interest of their country. I have not as yet had leisure to
inform myself particularly into the several branches of H.M.
Instructions, upon which I am commanded to correspond with
your Lordships ; But I shall, without loss of time apply myself
to the faithful discharge of my trust etc. Prays for their
favourable construction etc. Continues : Admiral Hopson
intends to sail to-morrow for Carthagena, with such ships of
his squadron as are fit for sea ; and by the latest advices we
have from thence the galleons were still in that port : It is
generally believed that, if they stay much longer there, most of
them will be rendred incapable of returning to Europe, etc.
Signed, Ro. Hunter. Endorsed, Reed. 24th April, Read 2nd
May, 1728. 2 pp. Enclosed,
43. i. Governor Hunter's declaration in Council, 31st Jan.,
1727-8, with Council's Answer. Mutual assurances
of good will etc. Endorsed as preceding. Printed. I p.
[C.O. 137, 17. ff. 40, 40u.,
Feb. 10. 44. Governor Hunter to the Duke of Newcastle. Repeats
Jamaica, part of preceding letter, mutatis mutandis. Signed, Ro. Hunter.
Endorsed, R. April 15th. If pp. Enclosed,
44. i. Duplicate of No. 43 i. [C.O. 137, 53. ff. 19, 19u.,
20u., 21.]
Feb. 12. 45. Lt. Governor Gooch to the Council of Trade and Planta-
\viiiiams- tions. Encloses Minutes of Council to Dec. last, Naval Officer's
lists of imports and exports for half year ending Michaelmas,
and accounts of imports from Madera and the Azores, and of the
negroes from Africa to the same time. Continues : Pursuant
to the directions of his late Majesty, I have appointed Wm.
Byrd, Richd. Fitzwilliam and Wm. Dandridge Esqrs. Com-
missrs. (the two last are in the place of Col. Harrison deceased)
for settling the boundaries between this Government and the
Province of North Carolina : and have so far concerted this
matter with the Governor of that Province that the Com-
missioners on both sides are to meet 5th March in order to put
a final end to that dispute, which has been so many years in
contest, and I hope my next will bring the account of its con-
clusion. The jealousies that had lately spread themselves
between our Tributary Indians and some of their neighbours
(whereof notice is taken in the Journal of 2nd Nov., and of
which I some time since sent your Lordships the report of the
march of some of our Militia under the command of Col.
Harrison) are I hope so entirely removed, as to leave no further
30 COLONIAL PAPERS.
1728.
apprehension of any rupture between them, which otherwise
might have given great uneasiness to our frontier inhabitants.
It would I presume be needless to trouble your Lordships with
observations drawn from these Journals : seeing they are either
necessary orders for qualifying officers on H.M. accession, or
private disputes about entrys for land, which are of little con-
sequence. But there is one thing in the Journal of 4th Nov.
which concerns myself etc., 'tis an unanimous vote of the Council
for paying me 300 out of the Revenue towards defraying the
extraordinary charge I was at in transporting myself and family
hither ; This resolution was so unexpected that I had not the
least notice of it till the day it was proposed at the Board, and
I thought it would not become me to refuse this extraordinary
instance of their regard. All I shal offer further on this
subject is, to pray your Lordships' favourable construction as
well of their offer as my acceptance ; and I hope it will pass
the better when your Lordships consider the present state of
that Revenue as it appears in the late half year's accompt
(which is also inclos'd) the ballance whereof is upwards of 6000.
Perusing my Instructions, I found one (No. 119) wherein I am
enjoyn'd to propose a law for making the Virginia estates of
bankrupts .liable to the satisfaction of their English creditors ;
but upon examining into the practice in such cases (with sub-
mission) I am perswaded those creditors have as great advantages
now for the recovery of their debts, as they could expect or
reasonably desire by a special law for that purpose : for if a
merchant in England breaks and has effects in Virginia, everyone
of his creditors there has not only the benefit of their dividend
from his effects upon the commission of bankruptcy sued out
there, but they have the oppertunity on his failure, of sending
over hither, and here bring suit for the recovery of his effects
in this country, and in such case they have an equal share of
whatever is discovered in this country in proportion with the
Virginia creditors ; whereas the latter can pretend to no part
with them of what is recovered in England, seeing the distance
makes it morally impossible for them to make out their
demands before the Commissioners here have finished their
accompts and made the dividend. This being the true state
of that case, I doubt not your Lordships will be of opinion that
there's no occasion for such a law etc. The General Assembly
called by my predecessor being of course dissolved by the King's
death : I have called a new one which met the first instant.
Encloses Speech and Address etc. Continues : By the choice
the people have made of their Representatives, I have reason
to hope for an happy issue of their proceedings, etc. Signed,
William Gooch. Endorsed, Reed. 17th April, Read 2nd May,
1728. 2 pp. Enclosed,
45. i-iv. Duplicate of Nos. 46 i, iii-v. [C.O. 5, 1321.
ff22, 25-28, 29u., 30, 3lv.-33v. ; and (abstract) 23.]
AMERICA AND WEST INDIES.
31
1728.
Feb. 14.
Williams-
burgh.
46. Lt. Governor Gooch to the Duke of Newcastle. Having
in my former letters given your Grace a relation of the most
considerable occurrences since my entring on the administration
of this Government : etc. encloses journals of Council to Dec.
Repeats parts of preceeding. I presume it would be needless to
trouble your Grace with observations drawn from these journals ;
seeing they are either necessary orders for qualifying officers on
H.M. accession, or private disputes about entrys for land, which
are of little consequence. Encloses Speech and Addresses.
Concludes : That [address] to H.M. I am desired to recommend
to the Merchants to attend it when presented to H.M. by
Micajah Perry Esq. one of the City Members, which I do by
the same conveyance, directing Mr. Perry to wait upon your
Grace with it. By the choice the people have made of their
Representatives I have reason to hope for an happy issue of
their proceedings, etc. Signed, William Gooch. Endorsed, Rd.
April 15th. 1 Jrd pp. Enclosed,
46. i. Address of the House of Burgesses of Virginia to Lt.
Govr. Gooch. We cannot sufficiently express the
joy with which our hearts are filled, to see ourselves
under the government of a person in all respects
qualyfied etc. The character wch. in your private life
you had established among all that knew you, reached
us before your arrival etc. But since we have had the
pleasure of seeing the beauties of that character
illustrated by the example of your life in what concerns
the dutys of religion, your courteous and affable
behaviour to all etc., your hospitality and charity, and
the prudence and evenness of your temper, wch. you
discover upon all occasions, we have abundant reason
to think ourselves an happy people etc. Nor can we
doubt but example, wch. is the best of all instruction,
will have a great influence on all that see you, to
follow those excellent rules you was pleas'd to
lay down in your Speech (No. iv) for wch. we beg
leave to return you our humble and unfeigned thanks.
Copy. 1 p.
46. ii. Address of the Council and Burgesses of Virginia to
the King. Their sorrow for the loss of the King his
father is turned to gladness by his peaceful accession,
etc. Continues : It is the peculiar happiness of this
country that we are more than any other of the
American Plantations united in the religion of the
Church of England, and our civil rights and liberties
are secured to us by the same excellent laws, which
have ever been the boast of the English Nation, and
have made them greater than any other people.
Therefore it merits our most thankfull acknowledg-
32 COLONIAL PAPERS.
1728.
ments that your Majesty has been pleased to declare
your resolution to make the establishment in Church
and State your first and always your chief care. And
as we have always been happy under the protection
and Government of the Crown of England, so we
already at this distance feel the extensive influence of
your Majesty's just and wise councels in placing over
us Mr. Gooch etc. Pray for H.M. long reign etc.
Copy. If pp.
46. iii. Account of H.M. Revenue of 2s. per hhd., 25th April-
25th Oct., 1727. Totals : Balance brought forward,
4660 135. 4fd. Received, 3745 18s. 2\d. Expen-
diture, 2102 4-s. 7fd. Balance, 6304 6s. ll^d.
Signed, John Grymes, Recr. Genii. Audited by Nathl.
Harrison, Depty. Auditor. Sworn to in Council by
John Grymes. 2 pp.
46. iv. Lt. Governor Gooch's Speech to the Council and Bur-
gesses in Assembly. Will make it his constant care
to promote and propagate religion and virtue. It is
his peculiar felicity to come to a country where the
doctrine, discipline and worship of the Church of
England, are not only established, but almost univer-
sally received, but if there are any Dissenters among
them, with consciences truly scrupulous, he will think
an indulgence to them so consistent with the genious
of the Xtian religion, that it can never be inconsistent
with the interest of the Church of England. Urges
loyalty to the House of Hanover and enforcement of
the laws, and also the observance of the social virtues
of civility, good-nature, hospitality and good neigh-
bourhood etc. Recommends to the Burgesses repair
of the battery at Point Comfort and the building of a
light-house on Cape Henry, which is so much wanted
for the preservation of the shipping from the danger
of the enemy as well as seas, that he hopes they will
once more consider it. "A clause may be inserted to
prevent you being at any danger thereon, unless our
neighbours of Maryland either will or can be compelled
to contribute towards its maintenance." Recommends
to the Council agreement upon some methods to prevent
delays in the Courts of Justice, and a new law con-
cerning tobacco, and promises his concurrence in all
measures for the encouragement of their trade and
happiness etc. Copy. %\rd pp.
46. v. Address of Council of Virginia to Lt. Governor Gooch.
Return thanks for preceding Speech and express
loyalty and good-will. Copy. 1 p. [C.O. 5, 1337.
Nos. 41, 41. i-v.]
AMERICA AND WEST INDIES.
33
1728.
Feb. 15. 47. Order of King in Council. Approving draughts of
st. James's. Governor Bumet's Commissions etc. Signed, Temple Stanyan.
Endorsed, Reed. 29th, Read 30th April, 1728. l pp. [C.O.
5, 870. ff. 59, 590., 60v. ; and 5, 194. /. 113.]
Feb. 15. 48. Order of King in Council. Repealing Act of New York
st. James's, for the easier partition of lands etc. Signed, Temple Stanyan.
Endorsed, Reed. 29th, Read 30th April, 1728. 2 pp. [C.O. 5,
1054. ff. 234, 234u., 235u.]
Feb. 15. 49. Order of King in Council. The Committee for hearing
st. James's, appeals etc. having reported that Mr. Hope's Counsel agreed
to Mr. George Tucker being restored to his offices of Secretary
and Provost Marshal General of Bermuda, ordered accordingly,
and that he be paid one moiety of the profits arising from said
offices during his suspension ; and that in case there should be
any refusal in such payment, petitioner be at liberty to put
the security in suit, in the name of whomsoever it has been
taken etc. Signed and endorsed as preceding. 2| pp. [C.O.
37, 12. ff. 7-8v.]
Feb. 15. 50. Order of King in Council. Referring following to the
st. James's. Council of Trade and Plantations for their immediate con-
sideration and report as to the methods which will most
effectually conduce to the ends proposed, " H.M. in Council
judging it highly necessary for the service of his Navy, that the
strictest care ought to be taken of H.M. woods in North America
and all proper encouragement given for the raising of hemp and
all other navall stores " etc. Signed, Temple Stanyan.
Endorsed, Reed. 19th, Read 20th Feb., 172|. \\pp. Enclosed,
50. i. Lords Commissioners of the Admiralty to the King
in Council. Admty. Office. 13th Jan., 1727. We
having received frequent complaints of the illegal
and unaccountable waste and destruction of your
Majesty's woods in North America, by the unjustifiable
liberty the inhabitants of New England have taken
in cutting down, and converting to their own use, not
only great numbers of the trees in the said woods, but
even those, which were the most proper, and absolutely
necessary for masts for the ships of your Majesty's
Royal Navy, insomuch that if some speedy and effectual
care be not taken to prevent the same there will not
be any trees remaining for the said service ; we thought
this a matter of too great consequence to your Majesty's
service to let it longer pass, without taking the
necessary precautions, as far as the same does relate
to us etc. We have upon enquiry, been informed by
the Principal Officers and Commissioners of the Navy,
that Mr, Burniston, who was in 1718 appointed
C.P.XXXVI 3
34 COLONIAL PAPERS.
1728.
Surveyor Generall of H.M. Woods etc., hath not either
by himself, or deputy, given them any accounts of his
proceedings etc., and that he hath not personally been
in North America, but constantly resided in England,
notwithstanding that it was so absolutely necessary
that he should have constantly abode in New England
etc. It would have been of great advantage if he had
been bred a shipwright, and skilled in the nature and
quality of naval stores etc. Mr. Gulston, who is under
contract to furnish masts for the Royal Navy from
New England etc. hath represented to the aforesaid
Commissioners, that very great abuses have been
committed in cutting down, and exporting timber
fitt for masts ; which exportations have probably
furnished foreign countreys in enmity with Great
Britain ; and that unless speedy and effectual care
be taken to cultivate and preserve timber trees in
New England, especially near the water side, the Royal
Navy cannot be supplyed from thence, or that at
least it must be very expensive to the Crown. The
preservation of masts, and all sorts of timber trees,
fitt for the Navy, as well as the planting and improving
of other navall stores in general in N. America, is of
great importance to your Majesty's service, and the
same doth principally depend on the care of a diligent
and honest Surveyor of your Majesty's Woods,
supported in the due execution of his duty by the
authority of the Crown. The said Commissioners of
the Navy are humbly of opinion the aid of an Act of
Parliament may be requisite, to regulate and restrain
the licentious pretences of townships in your Majesty's
said Government of New England, to cutt down any
timber within their districts, fitt for masts, and that
if the said Act did enforce the penalties mentioned
in the Charter granted in the third year of the reign
of King William and Queen Mary, and extend to the
prosecution of all offenders, and to the inflicting severe
punishments, even upon the Governours of the
provinces, and the Surveyor himself, and his assistants,
when legally convicted, it might effectually obtain
the end proposed ; for that thereby all sizes of masts
might be preserved for the Royall Navy, as well trees
under 24 inches diameter for future supplies, as those
above, and no tree be cut to waste, but converted as
occasion should require, by a skillfull hand, nor any
pine tree whatever be cutt down by the inhabitants
of any district, until it should be first surveyed, and
a mark of leave put thereon by the Surveyor, or his
assistants. Such endeavours for obtaining a supply
AMERICA AND WEST INDIES. 35
1728.
of all naval stores from your Majesty's own plantations,
deserves the greatest care and attention, since it may
prove of infinite advantage to this nation, in case of
a rupture with the Northern Powers, from whom the
Navy is usually supplyed ; but the woods have been
under no other inspection for many years past, than
of an officer of the Customs, deputed by the aforesd.
Mr. Burniston, whose education did by no means
qualify him to be a proper judge of masts etc. The
said Commissioners have represented, that as to the
usefullness of the Naval Stores imported from America,
the pitch and turpentine have proved very serviceable,
and no ways inferior to that of Sweden or Russia ;
that the tarr hath likewise been found very useful!
in the Navy for ship work, tho' not yet arrived to the
perfection that it is to be hoped etc. for making cordage ;
and that the hemp had been so improved, that upon
an experiment made of a sample thereof, brought
from Virginia, it hath appeared equal in goodness to
the best Riga hemp, insomuch that if proper instruc-
tions were given to the Surveyor Generall of the Woods,
the planters might be induced by him to improve the
same, and large supplies of that commodity, in time,
be procured for the service of this Kingdom ; and the
tarr improved, which, as well as other naval stores,
hath of late years been imported from thence in great
quantities etc. We entirely concurr with the above
observations of the Commissioners of the Navy, and
most humbly represent, that the preservation of the
woods, and using all possible means to cultivate hemp
and other stores, will very much tend to the advantage
of your Majesty's service, with respect not only to
the Royal Navy, but to the Nation in general ; and
that, in order thereunto, it is absolutely necessary the
Surveyor General should constantly reside in North
America, and employ his utmost care and skill not
only in surveying your Majesty's woods there, and
preserving them from waste, but in the instructing
and encouraging the inhabitants to propagate all
sorts of stores which the country will produce ; and
that he should have such instructions for his govern-
ment therein, as shall be judged, may most effectually
conduce thereunto. Signed, Torrington, Jo. Cokburne,
Jno. Norris, T. Littleton, L. Malgras. Copy. 4f pp.
[C.O. 323, 8. Nos. 83, 83. i.]
Feb. 15. 51. Order of King in Council. The Council of Trade are
St. James's, to insert a clause in Lord Londonderry's Instructions impower-
ing him to receive an additional salary either from the first or
36
COLONIAL PAPERS.
1728.
Feb. 15.
St. James's.
Feb. 15.
Williams-
burgh.
second Assembly, as was done in the case of Governor Hart,
according to the prayer of his Lordship's Memorial etc. Signed,
Temple Stanyan. Endorsed, Reed., 27th Feb., Read 5th March,
172f. 3^ pp. [C.O. 152, 16. ff. 153-154*;., 1550.]
52. Order of King in Council. Upon report of the Com-
mittee that owing to Mr. Shute's absence, H.M. sign manual,
April 10, 1727, directing him to recommend to the Assemblies
of the Massachusetts Bay and New Hampshire the settlement
of the Governor's salary, had not been communicated to the
Assemblies, H.M. in Council, " judging it highly reasonable and
necessary, that a due provision ought to be made for the support
of his Governors of the said Provinces, is pleased to order etc.,
that the Lords Commissioners for Trade and Plantations do
insert an article in Mr. Burnet's Instructions agreeable to the
said Sign Manual " etc. Cf. A.P.C. III. pp. 105-107. Signed,
Temple Stanyan. Endorsed, Reed. 19th, Read 28th Feb., 172$.
3 pp. Enclosed,
52. i. Copy of H.M. letter to Governor Shute, 10th April,
1727. 2f pp. [C.O. 5, 870. ff. 49-50, 51-52*;.]
53. Lt. Governor Gooch to the Council of Trade and Planta-
tions. Acknowledges letter of 5th Oct. received since his last
of 12th Feb. The opinion of the Attorney and Solicitor General
is entered in the proper offices as ordered. Encloses following.
Continues : In order to its being presented with the greater
solemnity, I have sent the original to Mr. Leheup our Agent,
directing him to deliver it to Micajah Perry Esq. now one of the
members of Parliament for the City of London, that it may be
attended by the Virginia merchants. I shall not trouble your
Lordships now with any other account of the Assembly's pro-
ceedings which hitherto has been chiefly employ'd in settling
the common forms necessary at the beginning of a new session ;
only beg of your Lordships to consider what is necessary to be
be done with our neighbours of Maryland, in case they should
not be willing to contribute to the lighthouse I have recom-
mended as absolutely necessary for the security of our shipping :
for I can get no answer from them about it, notwithstanding
it will be of much more usefulness and service to them, than
to the Virginia ships ; for at present we can go to sea in the
night, but not come from thence, and they can do neither.
I hope my next will carry such a relation of the consultations
of our Assembly, as will be agreable to your Lordships etc.
Signed, William Gooch. Endorsed, Reed. 17th April, Read
2nd May, 1728. Holograph. 1 p. Enclosed,
53. i. Address of the Council and Burgesses of Virginia to
the King. Duplicate of No. 46 ii. Endorsed, Reed.
17th April, 1728. Copy. 2 pp. [C.O. 5, 1321,
ff. 34, S5v.-3Qv., 37v.]
AMERICA AND WEST INDIES.
37
1728.
Feb. 16.
St. James's.
Feb. 16.
Whitehall.
Feb. 16.
Whitehall.
Feb. 16.
St. James's.
Feb. 20.
Whitehall.
Feb. 20.
Now
Hampshire.
54. H.M. Warrant for the Bishop of London's commission
to exercise his ecclesiastical jurisdiction in the Plantations.
Countersigned, Holies Newcastle. [C.O. 324, 36. pp. 37-44.]
55. Council of Trade and Plantations to the King. Re-
commend Col. William Randolph for the Council of Virginia,
in place of Col. Nath. Harrison, deed. [C.O. 5, 1366. p. I.]
56. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, 8 Acts of New Hampshire, 1724, 1726, 1727. [C.O.
5, 916. pp. 59, 60.]
57. Copy of Governor Burnet's Commission, New Hamp-
shire. [C.O. 5, 194. ff. 117-138.]
58. Mr. Popple to Robert Chester. My Lords Com-
missioners' observing by a Minute, 21st Oct., 1726, that you
desire to be heard against Mr. Carlisle's being appointed a
Councillor of Antigua, will be ready to hear you on Friday etc.
[C.O. 153, 14. p. 312.]
59. Lt. Governor Wentworth to the Council of Trade and
Plantations. Begins with duplicate of 8th Aug., 1727, and
encloses duplicate of Journal of Assembly and Naval Officer's
accounts to Dec. 25, 1727. Continues : There has been more
negroes imported this last year then in ten years before. I
suppose the reason is that in the Massachusets they pay
an impost of four pounds p. head, and in this Province they
are imported free. As to the King's woods in this Province
we have secured them pretty well, tho' we have warrants out
after two or three impudent fellows, who was discovered by
one of our under servayors. They had cutt down one tree
that was marked with the broad arro, by an officer ten years
past of a considerable bigness. Except they flye the country
we shall have them before the Judge of Admiralty. This has
been a greate year for snow and such seasons the pine trees are
greately destroyed, we haveing [?been] pritty seveer with the
logers in this Province they have for severill years last past
bought common rights in the Province of Mayne where they
have don greate spoil on the pine trees last and this winter
more espetially, Mr. Armstrong, the Deputy Servayor, has been
up in the Country and seized considerable parcills of logs, no
doubt but thousands of good pine trees fitt for H.M. Royall
[?Navy] distroyed have been distroyed in that Province this
season and Mr. Armstrong is going to Boston to apply himself to
the Judge of the Admiralty for advice in order to his furder
proceedings. I hope your Lordships in your greate wisdom
will let H.M. know the nessity of some seveer act to be made,
and that quickley otherwise it will be toe late. A few years
38
COLONIAL PAPERS.
1728.
Feb. 20.
Whitehall.
Feb. 20.
Tuesday.
will let your Lordships know it, as I have many times taken
the liberty in many letters to mention if H.M. has in the
Massachusets Charter received the pine trees as a royalty
to himself, why may not an act be passed that all pine trees in
townships as well as without, be reserved for the King's servis
without regard to either, but wherever found they should be
preserved as above, the people in the Province of Mayne haveing
had such liberty for many years, that all pine trees within
townships might be cutt for mill logs, as they pleased that it
will requier somthing strong to breake them off of ye right.
With greate submition I speak it, that the Act of King George
the first relateing to pine trees, dos not fully answer the end
designed. My Lords, those letters from Mr. Faine, allso that
from the King's Attorney Generall and Sollicitor Generall
those gentlemen explination of that Act of the right of King
George the first they pay but little regard to it, and say that
the Act of Parliamt. is what they have to trust too. I shall
do everything in my power to preserve the pine trees in this
Province, and as for the Massachusets I can only advise your
Lordships from time to time how the affair of the woods are
carried on. I am in greate hopes your Lordships have been
pleased to bring on the setling the lines between the two
Governmts. it would greately tend to the ease and quiet of this
Province and very much contribute to the peopeling the same.
I allso hope that our agent Mr. Newan has or will succeed in his
prayer (in this Provinces name) for stores for H.M. Fort William
and Mary at Newcastle, which has for severill years been sollicited
for, and wee are as yet in hopes of suceedeing, tho' it be long
first, that Castle is and will bee in good repair in another year,
and then to have no Stores in it the fortification will be of little
use, and the inhabitance has been so impoverished by a long
Indian war, that they are not able, as have heretofore set forth
to your Lordships. Signed, Jno. Wentworth. Endorsed, 29th
April, 1728, Read 23rd May, 1729. Holograph. 3 pp. [C.O.
5, 870. ff. 232-233*;.]
60. Mr. Popple to Col. Spotswood. My Lords Commissioners
desire your opinion as soon as may be what methods you conceive
will most effectually conduce to the production of Naval Stores
in the Plantations, and what you think may have occasioned
the late obstruction of the increase thereof etc.
A like letter was writ to Mr. Joshua Gee and Robert Gary.
[C.O. 324, 11. p. 62.]
61 . Duke of Montagu to the Council of Trade and Planta-
tions. Since I left your Lordships I have considered the pro-
posal I made to you in relation to the four and a halfe per cent.,
and as I beleive it may meet with dificultys, therefore, If the
planters may be exempted from paying it for the first ten years,
AMERICA AND WEST INDIES.
1728.
I am willing that after that it shoud go to the Crown, without
mentioning any consideration to be made me for what I may
expend in makeing of fortifications, in your Lordships' report.
Signed, Montagu. Endorsed, Reed. Read 20th Feb., 172;.
Holograph. 1 p. [C.O. 28, 19. ff. 99,
Feb. 21.
[Feb. 21.
62. Col. Hart to Mr. Popple. I have advice from Antegoa
of the death of Thomas Morris, etc. Reminds him that Francis
Carlisle, whom he formerly recommended, is minuted for the
first vacancy in the Council there. Signed, Jo. Hart. Endorsed,
Reed. Read 21st Feb., 172 J. Holograph. 1 p. [C.O. 152,
16. ff. 141, 142z;.]
63. Petition of Edward Byam, merchant of London,
Recommends Mr. Carlile as preceding. Hearing there is a
caveat entered against him, prays for a day for the considera-
tion thereof. Endorsed as preceding. 1 p. [C.O. 152, 16.
ff. 143,
Feb. 21. 64. Mr. Popple to Mr. Carkesse. My Lords Commissioners
Whitehall, being informed that a box directed to their Lordships has
remain'd in the Custom Warehouse ever since the 17th of Jan.
1725, they desire that the same may be delivered to the bearer,
and that if any box or packet directed to them should for the
future be delivered into the custody of your Officers, they may
be immediately acquainted therewith etc. [C.O. 324, 11. pp.
62, 63.]
Feb. 24.
London.
65. Col. Hart to Mr. Popple. Refers to his letter of 6th Aug.
1725 relating to the complaint of M. Garret of Guadeloupe that
one Molineux of Montserrat had detained 14 negroes of his,
who had run away. Continues : Lt. Govr. George returned
me answer, that he was informed, but could not prove, the
negroes were in the possession of Mr. Molineux etc. The
Attorney and Solicitor General of the Leeward Islands advis'd
me that I had no power, as Governor, to take them out of
the hands of Molineux : but that Mr. Garret had his remedy
at law ; and in that course might very easily recover them.
Governor George further informed me that the said Mr. Molineux
had a much greater number of negroes run from him to the
Island of Marygalante : and that he had applyed himself to,
and obtain'd a letter from Mr. Hamilton, late Governor of the
Leeward Islands, to the Governor of Marygalante desiring he
might be restord to the said negroes : and that Mr. Molineux
did personally apply to the Governor of Marygalante for that
end, without redress ; though Mr. Molineux saw his negroes
in the possession of some of the inhabitants of that Island.
I must desire that you will mention to their Lordships : that
notwithstanding it is stipulated by the Treaty of Utrecht,
COLONIAL PAPERS.
1728.
that the damages done to the inhabitants of Mountserrat by the
French under the command of Monsieur Cossart in July, 1712,
should be adjusted by Commissaries of each nation, yet from
that time to this the poor sufferers have receivd no releif ;
which amounts to the sume of 204,406 0*. lOd. as will appear
by the inclosed list of their losses, which I desire you will lay
before their Lordships, to take such measures as their Lordships
may judge proper to the occasion. Signed, Jo. Hart. Endorsed,
Reed. Read 29th Feb., 172|. Holograph. 2 pp. Enclosed,
65. i. Account of the losses given in upon oath by the severall
inhabitants [of Mountserrat] sustained by the attack
made by the French under the command of Monsr.
Cassart in the year 1712.
Names and Losses of 271 claimants. Damages claimed for
the (i) Leeward Division, 172,874 15s. 3|d.
(ii) Northward Division, 17,939 5*. 8%d.
(iii) Windward Division, 10,027.
(iv) White River Division, 3,565 9s. Id.
Certified by the President and Council, Nov. 1719, as a true
copy of the accounts of the losses sustained by the
inhabitants by the said invasion, brought in and sworn
to in pursuance of the order of the Government " that
all persons that were sufferers by the said invasion
should bring in and attest upon oath before certain
Magistrates by the said Government appoynted."
Endorsed as preceding. Copy. 6f pp. [C.O. 152,
16. ff. 145-151.]
Feb. 26. 66. Order of King in Council. Approving draughts of
St. James's. Instructions for Governor the Earl of Orkney. Signed, Temple
Stanyan. Endorsed, Reed. 29th, Read 30th April, 1728.
l^pp. [C.O. 5, 1321. ff. 18, I8v., 19v.]
Feb. 26. 67. Order of King in Council. Appointing Col. William
st. James's. Randolph to the Council of Virginia in the room of Col. Nathaniel
Harrison, deed. Signed and endorsed as preceding. 1^ pp.
[C.O. 5, 1321. ff. 20, 20v., 21v.]
Feb. 27. 68. Council of Trade and Plantations to the Duke of New-
Whitehaii. castle. In obedience to H.M. commands, 23rd Jan., enclose
following to be laid before H.M. Autograph signatures. 1 p.
Enclosed,
68. i. Same to the King. Representation upon the petition
of the Duke of Montagu. Tobago is one of your
Majesty's Windward Charibbee Islands, which alltho'
it be comprehended in the Commission of your
Majesty's Governor of Barbados, has never been
settled, and produces no revenue to the Crown, nor
is of any advantage to this Kingdom. It would
AMERICA AND WEST INDIES. 41
1728.
therefore undoubtedly be for your Majesty's service,
that the same should be effectually settled and planted ;
for which reason as well as for those set forth in the
Duke of Montagu's petition, we are humbly of opinion,
that in consideration of the surrender of the aforesaid
patent for Sta. Lucia and St. Vincents, your Majesty
may be graciously pleased to grant the Island of Tobago
to the Duke of Montagu, upon the same terms with
those contained in the patent for Sta. Lucia and St.
Vincents, except only in the particulars upon which
we shall humbly take leave to make the following
observations ; As we have found by experience that
all Proprietary Colonies, where the Government is not
in the Crown, are highly detrimental to your Majesty's
service, and to the welfare of Great Britain ; in case
your Majesty should be pleased to grant the island
of Tobago to the Duke of Montagu, it will be requisite
that particular care be taken to reserve to your
Majesty, and to your heirs and successors, the absolute
sovereignty, dominion, and government, of Tobago,
in as full and ample manner as your Majesty does now
or may exercise the same in your Island of Barbados.
By the aforesaid patent, not only the office of Captain
General and Governor in Chief is granted to his Grace,
and his heirs for ever, with power to appoint a Deputy-
Governor, subject to the approbation of your Majesty,
but likewise the power of exercising several authorities,
which have ever been esteemed part of the Royal
prerogative, and which, according to our humble
opinion, ought not to be inserted in the grant now
petitioned for ; But we conceive, it may be for your
Majesty's service, that his Grace should be appointed
Captain General and Governor during his life, with
the usual powers, and authorities, granted by Com-
mission and Instructions to your Majesty's Governors
of Barbados ; and that the Deputy Governor be from
time to time named by his Grace, and approv'd by
your Majesty, and that he may be removed either by
your Majesty, or by his Grace at pleasure. The Duke
of Montagu proposes, that the planters in Tobago
may be exempted from paying the duty of 4| p. cent,
on the exportation of the product of that Island, for
the space of ten years from the date of the grant, as
an incouragement to all new settlers ; and in con-
sideration thereof, his Grace is willing that after the
expiration of the time limited for his Government, all
fortifications made there, shall be absolutely vested
in your Majesty, without paying anything for the
same, and we are humbly of opinion, it may be for your
42 COLONIAL PAPERS.
1728.
Majesty's service to indulge the Duke of Montagu in
this proposal. By the words of the Duke of Montagu's
grant for Sta. Lucia, the right of fishing within the
distance of twenty miles from the shoar is absolutely
given to his Grace ; But we would humbly propose
that the inhabitants of Barbados and all other your
Majesty's subjects may be allow'd the liberty of fishing
anywhere in the seas contiguous to Tobago, reserving
only to the Duke of Montagu and to his heirs, the
exclusive right of fishing and of all other accidental
profits accruing within low-water mark, as hath been
usual in several grants to Lords of Manors, in this
Kingdom. In his Grace's grant of Sta. Lucia, the
laws of England relating to property in lands, goods,
chatles, and estates, or relating to criminal matters
are to be, and continue in force untill they be legally
alter'd by laws to be made in that Island ; But as so
general a liberty may be attended with some incon-
venience, we think it will be adviseable, that the laws
of England to be put in force in Tobago, should be
upon the same foundation, and only such, as have
been heretofore used in Barbados. By another clause
in the said grant the Duke or his Deputie are authoriz'd
to appoint twelve Councillors, with the full power to
make ordinances for the defence, improvement, and
good Government of the Island, till an Assembly can
be settled ; and we have no objection to his Grace's
appointing the first twelve Councillors in Tobago ;
but we are humbly of opinion, that all future Councillors
of this Island, should, like those in your Majesty's
other Plantations, be appointed by your Majesty.
By a clause in the grant of Sta. Lucia and St. Vin-
cents to his Grace, power is given to the General
Assembly of the said Islands to make laws ; provided
they be, as near as may be, consonant to the laws and
statutes of this Kingdom, and provided that a transcript
thereof be within twelve months, or sooner after the
making of such laws, transmitted under the seal of
the Governor, or Deputy Governor, to your Majesty
for your Royal approbation or disallowance. But
as in all your Majesty's other Governments in America,
the Governors are directed by their Instructions to
transmit copies of such laws as shall be there pass'd,
to your Majesty within three months, or by the first
oppertunity of conveyance after their being enacted ;
it is humbly proposed that his Grace be under the same
restriction in this particular as the Governors of Bar-
bados. [C.O. 29, 14. pp. 433-438 ; and (covering
letter only] 285, 2. No. 5.]
AMERICA AND WEST INDIES. 43
1728.
Feb. 27. 69. Council of Trade and Plantations to the King. Repre-
. sentation upon Act of St. Christophers against covenous and
fraudulent conveyances etc. Mr. Smith, Secretary of the Lee-
ward Islands, alledges deeds and mortgages have for many
years past been frequently registered or inrolled in the Secre-
tary's office of that island, and certain establish'd fees paid to
the Secretary for the same, which fees will be lost to him, in
case this Act should take effect : as to the Act in general, he has
no objection, but insists that by virtue of his present office, he
ought to have been appointed the Register in this Act, and
conceives that the appointment of an officer for this purpose
should have been left to the Crown ; he likewise observes that
the fees taken in his office for entring of deeds, are much less
than those appointed by this Act. In support of the Act it was
alledged, that the office of Register of any kind, is not granted
by express words in his late Majesty's patent to Mr. Smith, and
altho' he and his predecessors have casually injoy'd a benefit
from the involuntary inrollment or registering of deeds and
mortgages in the Secretary's office there, yet it did by no means
follow from thence that the Legislature of St. Christophers
should be debarr'd from erecting a Registrar's Office by Act of
Assembly, for quite different purposes than those for which
deeds were inrolled in the Secretary's Office ; and as the profit
arising to him therein was accidental and inconsiderable, the
loss would be accidental likewise, and could not be look'd upon
as an injustice. As to the appointment of an Officer, they
observed, that this Act could have no effect till your Majesty's
pleasure should be declared thereupon, tho' they conceiv'd
the Crown had already decided this point in the case of the
Register's Act passed in 1698, and approved by the Crown in
1700, where the appointment of an officer for that purpose is
made in the same terms with those of the present Act. It was
likewise further alledged in behalf of the Act, that the aforesaid
law of Antigua has proved a great advantage to that Island ;
that the example of Antigua had induced the Legislature of St.
Christophers to think of passing a law of like nature, and many
attempts had been made at different times, for that purpose,
which had proved fruitless, by reason of disputes between the
Council and Assembly upon the nomination of a Register ;
and if the present Act should miscarry, it was to be apprehended
the like disputes might again arise, and deprive the island of the
benefit of so advantagious a law etc. Finding that the main
objection to this Act, is the loss of a casual profit to the
Secretary's office, we are humbly of opinion that the same ought
not to stand in competiton with so great and general a good as
in all probability will result to the inhabitants and commerce
of St. Christophers from this Act. Propose H.M. approbation
etc. [C.O. 153, 14. pp. 313-316.]
44
COLONIAL PAPERS.
1728.
Feb. 27.
Whitehall.
Feb. 28.
Whitehall.
Feb. 28.
London.
Feb. 29.
St. James's.
Feb. 29.
St. James's.
Feb. 29.
St. James's.
70. Mr. Popple to Sir William Codrington. Observing
that you have been long absent from the Council of Antego etc.
my Lords Commissioners desire you will let them know, as
soon as possible, whether and when you intend to return etc.
[C.O. 153, 14. p. 312.]
71 . Mr. Popple to Lt. Governor Wentworth. Acknowledges
letters etc. of 7th Aug. and 25th Sept. Continues : As to what
you wrote with respect to the waste committed in the King's
woods etc., their Lordships having that matter now under their
consideration, proper care will be forthwith taken to prevent
the same for the future. My Lords observe that you attribute
(7th Aug.) the trade of New Hampshire being at a stand, partly
to the war with Spain, and partly to the want, you say, you are
in, of a greater currency in paper money etc. My Lords are of
opinion, the first of these reasons, is the real cause of the stag-
nation of trade ; for could the 200,000 quintals of fish, wch.
you say, now remain in the country, for want of the usual
number of ships to export the same, be dispos'd of, it would
give a greater life to the trade of New Hampshire, than the
creating 300,000 in bills of credit, as you propose. [C.O. 5,
916. p. 61.]
72. Robert Cary to Mr. Popple. Reply to 20th Feb. The
merchants tradeing to Virginia, Carolina and New England
had a meeting last night to consider the necessary relateing
to the production of navall stores in ye Plantations, desired
that I would acquaint you that ye last time they attended
your Lords for Trade, [they informed them ?] that ye pitch and
tarr trade must of necessity be laid aside if a bounty of 7s. 6d.
could not be obtained for the encouragement of importation,
which if granted the trade will revive again and ye Navy
plentifully supplyed as to hemp and iron we refer you to Col.
Spotswood. Signed, Robert Cary. Endorsed, Reed. Read
28th Feb., 172|. \p. [C.O. 323, 8. No. 84.]
73. H.M. warrant for re-appointment of George Clarke as
Secretary of New York, " during Our pleasure and his residence."
Countersigned, Holies Newcastle. [C.O. 324, 36. p. 25 ; and
324, 50. pp. 64, 65.]
74. H.M. warrant for re-appointment of John Henderson
as Attorney General of Jamaica, " to execute the said office in
his own person except in case of sickness or other incapacity."
Countersigned, Holies Newcastle. [C.O. 324, 36. p. 26.]
75. H.M. warrant for re-appointment of Thomas Windham
as Register of Chancery Court and Patent in Jamaica. A
clause to be inserted obliging him to residence. Countersigned,
Holies Newcastle. [C.O. 324, 36. p. 27 ; and 324, 50. p. 2.]
AMERICA AND WEST INDIES.
45
1728.
Feb. 29.
St. James's.
76. H.M. warrant for re-appointment of Josiah Willard as
Secretary of the Massachusetts Bay, " during Our pleasure and
his residence." Countersigned, Holies Newcastle. [C.O. 324,
36. p. 28 ; and 324, 50. pp. 53, 54.]
Feb. 29. 77. H.M. warrant for re-appointment of John Floyer as
St. James's. Clerk of the Navy Office in the Leeward Islands, to act by himself
or Deputy. Countersigned, Holies Newcastle. [C.O. 324, 36.
pp. 29, 30 ; and 324, 50. pp. 36, 37.]
Feb. 29. 78. H.M. warrant for re-appointment of Alexander Hender-
st. James's, son as Attorney General of Jamaica, " to execute the said office
in his own person except in case of sickness or other incapacity."
Countersigned, Holies Newcastle. [C.O. 324, 36. pp. 31, 32 ;
and 324, 50. p. I.]
Feb. 29. 79. H.M. warrant for re-appointment of Jonathan Blenman
St. James's, as Attorney General of Barbados, with proviso as preceding.
Countersigned, Holies Newcastle. [C.O. 324, 36. pp. 32, 33 ;
and 324, 50. pp. 21, 22.]
Feb. 29.
St. James's.
80. H.M. warrant for re-appointment of Richard Bradley
as Attorney General of New York, " during Our pleasure and
his residence." Countersigned, Holies Newcastle. [C.O. 324,
36. pp. 34, 35 ; and 324, 50. pp. 66, 67.]
Feb. 29. 81. H.M. warrant for re-appointment of James Smith as
st. James's. Secretary of New Jersey, with proviso obliging him to residence
and not to be absent without H.M. leave. Countersigned,
Holies Newcastle. [C.O. 324, 36. pp. 48, 49 ; and 324, 50.
pp. 73, 74.]
Feb. 29.
St. James's.
82. H.M. warrant for re-appointment of John Clayton as
Attorney General of Virginia " during Our pleasure and his
residence." Countersigned, Holies Newcastle. [C.O. 324, 36.
pp. 49, 50 ; and 324, 50. pp. 81, 82.]
Feb. 29. 83. H.M. warrant for re-appointment of George Tucker as
St. James's. Provost Marshal of Bermuda, " during Our pleasure, and his
residence." Countersigned, Holies Newcastle. [C.O. 324, 36.
pp. 51, 52 ; and 324, 50. pp. 46, 47.]
Feb. 29. 84. H.M. warrant for re-appointment of Alexander Burnet
st. James's, as Clerk of the Markets in Barbados, " during Our pleasure."
Countersigned, Holies Newcastle. [C.O. 324, 36. pp. 52, 53 ;
and 324, 50. pp. 22, 23.]
46
COLONIAL PAPERS.
1728.
Feb. 29.
St. James's.
Feb. 29.
St. James's.
Feb. 29.
St. James's.
Feb. 29.
St. James V.
[Feb. ?]
Feb. 29.
St. James's.
Feb. 29.
St. James's.
March [2].
London.
85. H.M. warrant for re-appointment of Devereux Bacon
as Naval Officer at Piscataway, with a proviso for his residence
etc. Countersigned, Holies Newcastle. [C.O. 324, 36. pp. 62,
63 ; and 324, 50. pp. 54, 55]
86. H.M. warrant for re-appointment of Lewis Morris
as Chief Justice of New York, " during Our pleasure and his
residence." Countersigned, Holies Newcastle. [C.O. 324, 36.
pp. 104, 105 ; and 324, 50. pp. 67, 68.]
87. H.M. warrant for re-appointing Robert Lettice Hooper
Chief Justice of New Jersey, " during Our pleasure and his
residence." Printed, N.J. Arch. 1st Ser. V. 185. [C.O. 324,
36. pp. 106, 107 ; and 324, 50. pp. 75, 76.]
88. H.M. Commission appointing Philip Livingstone Town
Clerk, Clerk of the Peace and Clerk of the Common Pleas in the
County and City of Albany, N.Y., and Secretary or Agent for
the Government to the Indians in those parts with the salary of
100 sterling to be paid out of H.M. Revenue etc. Countersigned,
Holies Newcastle. Set out, N.Y. Hist Soc. Publ. II. 509.
[C.O. 324, 36. pp. 114, 115 ; and 324, 50. pp. 69, 70.]
89. Draft of letter from [? Duke of Newcastle] to Mr.
Attorney General. Encloses petition of Duke of Montagu for
grant of Tobago, (v. 23rd Jan.) and representation of Council of
Trade (v. 27th Feb.). Concludes : H.M. would have you con-
sider this matter and prepare such a draught of a grant as you
shall think fit proper " etc. Without date or signature.
In Mr. Delafaye's hand, f p. [C.O. 285, 2. No, 6.]
90. Order of King in Council. Referring to Committee of
Council representation of 27th upon Act of St. Kitts against
covenous and fraudulent conveyances etc. Signed, Temple
Stanyan. Endorsed, Reed. 29th, Read 30th April, 1728. 1 p.
[C.O. 152, 16. ff. 324, 8250.]
91 . Order of King in Council. Referring to Committee of
Council petition of Wavell Smith and Savile Cust against an
Act of St. Kitts for erecting a new office for registering deeds, wills
and conveyances. Signed and endorsed as preceding. 1 p.
[C.O. 152, 16. ff. 326, 327 v.]
92. Sir William Codrington to Mr. Popple. In reply to
enquiry, states that he intends to return to Antigua. " I have
waited onely to have some appeales sent me from thence and
Barbados. I have one now that lies before the Council for ten
or twelve thousand s and expect one from Barbados
and two more from Antigoa for considerable sums, wch. I
AMERICA AND WEST INDIES.
47
1728.
in hope to have had over before this, but ye Lt. Generall
Mathewes will not heare any causes untill my Lord Londonderry
arrives, therefore I intreat their Ldsps. will be so good as to
grant me leave for two yeares longer " etc. Signed, W.
Codrington. Endorsed, Reed. 2nd, Read 5th March, 172$.
Holograph. 2 pp. [C.O. 152, 16. //. 156, 157, 157z;.]
March 4. 93. Mr. Shute to Mr. Popple. In reply to enquiry, recom-
st. James's, mends Samuel Penhallow jr. and - - Atkison to supply two
vacancies in the Council of New Hampshire caused by the death
of S. Penhallow sr. and George Vaughan. Signed, Samuel
Shute. Endorsed, Reed. Read 5th March, 172|. 1 p. Enclosed,
93. i. List of Councillors of N.H. and persons recommended
to fill vacancies. 1 p. [C.O. 5, 870. ff. 53, 54, 5Qv.]
March 4. 94. Col. Spotswood to the Council of Trade and Plantations.
London. c j- 20th Feb. Abstract. Hopes he has not been too particular
in displaying the discouragements, which he knows to have
put a stop to the raising naval stores in Virginia. As the person
who raised and imported the hemp which the Lords of the
Admiralty observe to be as good as the best Riga (v. 15th Feb.),
it behoved him to account for his giving over that manufacture,
and losing the stock of proper seed, which he had with great
industry propagated etc. Continues : From my first residence
in America, I fell into the way of thinking, how the British
Plantations might be made stil much more useful to their
Mother-country etc., by supplying her with all kinds of naval
stores, and rescuing her from precarious dependance on the
Northern Crowns etc. For it was with no small concern that,
in my passage to Virginia, in 1710, I observed in each of our
men of war, two Muscovites walking the quarter deck, to learn
our art of navigation ; and understood that this privilege was
allowed them for the sake of the hemp, which we were
necessitated to bring from their Prince's country. Nor was it
a more agreeable reflection, how in the beginning of the last
war, we were forced to court the Sweed to let us have tar to
fit out our Fleet. And how did our want of iron, from the
same Nation, make us bear with all those injuries and insults
which were committed in 1717 upon our ships in the Baltick ?
These considerations, together with His late Majesty's Speech
to the Parliament, for promoting naval stores in our own Plan-
tations animated me to try whether our aforesaid wants of hemp,
tar and iron could not be produced in Virginia etc. May
challenge the Nation to shew the man, who has embarked so
extensively as himself in the undertaking, or pursued it with
more zeal for his country's service etc. Continues : I not only
ingaged as many of the inhabitants as I could persuade etc., to
enter upon raising the said stores, but I also joyned myself, for
example sake, in partnership with several persons of substance,
48 COLONIAL PAPERS.
1728.
to lead or carry on the design : and for that purpose we took up,
after the usual manner of Virginia, 55,000 acres of the Crown's
desart and ungranted lands ; whereof one tract of 40,000 acres,
having some very rich grounds, mixt with a great deale of
piney lands, we appropriated to the production of hemp, tar
and pitch ; and the other tract of 15,000 acres having abundance
of good iron oar, was set apart for the iron project. Then to
seat and settle these lands, and to carry on our works, we built
upwards of fourscore houses, and imported above 300 persons
and particularly the hemp and tar tract we seated with 30
plantations of German tennants, consisting of above 100 people,
whose charges of importation into the country we mostly
defray'd, and provided them with houses, working tools, cattle,
and all necessaries to make their new settlements etc., allowing
them 5 years to reimburse us our bare expences on their account,
without paying any interest for that time, or any rent for the
first three years ; and thereafter their annual rent, for the land
they held of us, was to be so moderate, as one pound weight of
hemp, or flax, for each acre. Besides I had, of my own separate
property, a very considerable plantation, stocked with some
of the best of my negroes, and managed by a skilful and long
experienced Englishman ; who contracted for himself and his
sons to instruct in the art and mystery of raising hemp and
flax, all such servants and slaves, as I should place under their
direction : and as we engaged to push on the said concern wth.
vigour, I spared no cost in providing all the needfull houses,
machines and materials, and in procuring seed from England,
Riga and other parts. But experience shewed us that no seed
answered so well, as a certain wild, or accidental seed, wch.
we found in the country, and which I therefore was very careful
to propagate, as well as ready to supply my neighbours with.
For I perceived people in Virginia were discouraged from pro-
ceeding on hemp, by the ill-success they had in raising it from
the seed : some having been disapointed by being furnished
from England with bad seed ; others by sowing old seed
(without knowing that hemp seed generally sprouts in the first
spring, altho' not put in the ground ; and seed once sprouted,
before sown, will produce nothing), and all adventurers in
general failed, by not making a due observation, how the seed
and grain, of the growth of the Northern parts of Europe, ripen
a month sooner in our America, and that the hemp runs too
hastily to seed, before the stalk grows to any considerable
length. Whether that property may not be altered by often
sowing, I am not certain ; but this I know, that I sowed it for
two years, without any visible amendment : and that hemp,
which I sent home, and proved after various tryals in Woolwich
Yard to be considerably superiour to the best Russia, and equal
in strength to the best Riga hemp, was made from the above-
mentioned wild seed, As to the tar concern, an house built
AMERICA AND WEST INDIES. 49
1728.
amidst the pine woods, and tar burners set to work ; who made
tar, which was found to be far better than what was commonly
made in the low lands of Virginia and Carolina. But whether
this excelling quality was owing to ours having been produced
from the upland pines ; or that we hapened to let our tar lye
mellowing a long while in open pits without barrelling it up,
with it's fiery quality for immediate exportation or sale ; as is
usually done ; or whether the peculiar skill of our tar-burners
bettered the commodity, we had not experience enough to
decide : because we were obliged to put a stop to that kind of
manufacture, by the Act of Parliament coming over, and
prescribing a new method to be observed in the making of tar.
Hereupon we considered how greatly the consumption of pine-
trees would be encreased by this new method, since we were
to be debarred extracting from the knots of light-wood, and
decayed limbs of trees (which were always to be found
plentifully scattered upon the ground throughout the pine
woods) and even from whole groups, of some hundreds, of pine-
trees, wch. we often behold, all on a sudden, to sicken and dye
together, as if they grow from one common root ; for altho'
the sap and wood of those trees will rot and moulder away, yet
the fat substance, of which the tar is made, never perishes or
consumes by anything ; but by fire : and since we were hereafter
to draw our tar from no other, than live standing pines, we must
destroy trees, of perhaps three score and four score foot in
length, for the sake of burning only eight foot at the stump.
Besides we considered that people had ever taken the liberty
to gather up, and use the lightwood-knots, wch. they found
upon the ungranted lands ; and that even such Proprietors of
land, as had no design of making tar themselves, would scarce
refuse a neighbour to disencumber his ground of them : but to
cut down a tree, for ye making tar, would be deemed a trespass,
and not easily allowed of. Wherefore we concluded upon the
expediency of enlarging our surveys of land, and two tracts,
wch. then amounted to about 14,000 acres, are encreased to
the above-mentioned large tract of 40,000 acres. But after a
great number of pine trees had, not only by me, but by several
other adventurers, been barked and managed according to
the directions in the Act of Parliament, I never could hear of
any one's succeeding to make tar after that new method. And
at last, that I might be assured there was no neglect in those,
who were to tend the kiln, I was myself there, both by night
and day and was an eye wittness, that with all possible care,
we did not get one barril of tar out of twenty trees ; notwith-
standing the remaining parts of some of those trees were so
full of turpentine, that being brought to the saw-pit, the sawyers
could not cut above one foot, without stopping to clean their
saw. So that if the East Country tar be made after the manner
prescribed in the Act (of wch. there is good reason to doubt),
C.P. XXXVI 4
50 COLONIAL PAPERS.
1728.
there must be some peculiar skill in extracting it, wch. we are
ignorant of. And lastly as to the iron concern ; my partners
and I went roundly to work and set up the first furnace, that
ever was known in North America, for casting pig and sow iron,
and tho' we miscaried in our first attempt, by the failure of
our hearth-stones, yet the little iron which we sent home, was
so approved of, that immediately both at Bristol, and Berming-
ham, partnerships were formed for making and importing pig-
iron from America. And the iron wch. I have since imported has
grown yearly more in esteem with the iron-masters in England
who find it the best in the world for some certain uses, and also
that they being mixed at the forge with the English, proves as
tough and good as the Sweedish iron. These undertakings were
so liked by many of the Virginians, that several persons sold
their possessions in the lower parts of the country, and removing
with their wives and children, with their servants and slaves,
and with all their substance, took up larger tracts of land in
these upper parts, where I was carrying on the aforementioned
projects. And the Assembly for the encouragement of such
adventurers, as well as for better securing the frontiers, erected
those upper parts into two new counties ; exempting all the
inhabitants thereof from paying publick taxes for ten years etc.,
and petitioned the King to grant them an exemption from
quit-rents etc. About a year and a half afterwards, the
Assembly for the further encouragement of naval stores, passed
an Act, whereby they gave a bounty (additional to that given
by the British Parliament) of 4 for every tun of Virginia hemp,
and of 2*. for every barril of tar, made after the new method
prescribed by the Act of Parliament ; and accordingly lodged
in their Treasurer's hands 5200 appropriated to such uses.
And they moreover addressed me, then as their Governor, to
go in person to Albany, to endeavour to conclude a peace with
the five Nations and other Northern Indians, who at that time
were continually making inroads upon that part of the Colony
where these undertakings were on foot. Thus far the under-
taking appearing to be countenanced and encouraged, was
carried on with spirrit and vigour ; for notwithstanding I had
lost by death two of my principal and most active partners,
and that the rest were grown less sanguine upon the adventure,
finding it was a work of more time and difficulty than they
apprehended at their first setting out ; yet I piquing myself
upon the success of the project, took upon me the whole con-
cern, after reimbursing my partners all their expences, wch.
amounted to no less than 5000 ; besides what I had been in
disburse for my own share. And that I pursued this project
chiefly with a view to the publick good, one of my letters to
your Lordships' Board may sufficiently manifest ; seeing I
therein proposed to make a free offer of all my possessions and
improvements in Virginia, to be made use of land carried on,
AMERICA AND WEST INDIES. 51
1728.
as the Ministry should please, for the benefit of the Navy :
contenting myself with the honour of the first projection, if
ever my plan should succeed to lessen the dependance of the
British Nation on the Northern Crowns ; and wholly relying
on my Prince's favour to make any further use of my faithful
services, or allow me a competent support for what I should
surrender etc. v. 1st June, 1724. Continues : I am next to-
display what has obstructed and discouraged the design.
After I was thus deeply embarked, and while I was in ful
pursuit of the adventures, I to my great surprise, found myself
superseded in my Government ; and my successor, soon after
his arrival, calling a new Assembly, passed an act which
declared the abovementioned sum of 5200 to be no longer
appropriated for paying the bounty on naval stores, and applied
the same to paying the Burgesses for their attendance in
Assembly. He passed also another act, laying a duty of
405. per head on imported slaves ; the passage of wch. was
remarkable, seeing he had all along vehemently declared
against giving his assent to any such bill, and did not favour
it, until he understood that I had made a contract with the
Affrican Company for 400 negroes ; as intending to push on
my undertakings with the utmost vigour. And what was
stil more remarkable, when a bill was brought in the same
session, for the protection of my works (some mallicious attempts
having been made upon them), he personally interposed, in a
very extraordinary manner, to stop it. Moreover he without
disguise took measures to draw from me all my German tenants,
and openly abetted them in their not paying their rent, and in
not working for me according to their agreements. These
with some other unfavourable proceedings of the same stamp,
were sufficient to let the country see, that the Adventurers
on naval stores would not be encouraged under his Govern-
ment, and so could not but give a check to the spirit, wch.
I had been labouring to raise among the people, for applying
part of their lands and industry that way. But when, instead
of the bounty, which had been long expected from the
Assembly's petition, for a remission of the rights and quit-
rents in the two new erected counties, this Governor obtained
(by what means or representation, I shall not venture to say)
an hard restraint upon all the generous Adventurers, whereby
no person was, for seven years, to be allowed to take up within
these two counties, more than 1000 acres, in his own or any
other name in trust for him ; this new and extraordinary
restriction (which was not to affect the rest of the Collony,
or any other Province in North America ; but was confined
solely to the very spot, where the grand undertakings, for
raising all manner of naval stores were on foot) did not only
dishearten, but also disable the Adventurers from pursuing
their design : and more especially since the Governor would
52 COLONIAL PAPERS.
1728.
divest them of even the lands wch. they had taken up and
improved, before the date of the restraining order. Upon
this I came to England, in 1724, to represent the case ; and
at my first arrival attended at your Lordship's Board, with a
great number of merchants who joyned with me to satisfie
your Lordships that tar could not be made in the Plantations,
after the method prescribed by the Act of Parliament : and
altho' in my petition to His late Majesty, for the confirmation
of my lands, I particularly set forth, how my zeal for the
nation's service, in promoting naval stores in the Plantations,
had involved me in the difficulties, which affected my grants
etc., yet your Lordships did not think anything I had alledged
in my petition, or more largely urged in my case before your
Board, concerning naval stores, to be material enough, to have
the least notice taken thereof in your report etc., or
by any manner of expression to satisfie his Majesty that I had
done wel, in endeavouring to raise naval stores : so that it
remains to this day a doubt, whether our endeavours of that
sort shall not pass for misdeeds ; and whether the Adventurers
shall not loose their lands and improvements, for embarking
too far in such an undertaking. These, my Lords, are the
real discouragements, wch. I know to have put a stop to the
progress of naval stores in Virginia ; But what has been the
finishing stroke to cut off our supplies of American tar, every
dealer therein will readily say, is the ceasing to give a bounty
therein ; for they demonstrate by their accompts, that while
tar bears at home so low a price, as it does at present, they
cannot import it without a premium : which however the
merchants, trading in that Plantation commodity, judge now
may be reduced one fourth of the former bounty ; provided
the payment be made after the course of the Navy bills, and
that the duty of 7*. Qd. pr. last at importation be also taken
off etc. Continues : I must entreat your Lordships to excuse
me from concerning myself any farther about hemp and tar,
after I have suffered so severely etc. But as to iron (which
undertaking I still pursue with courage ; because I am secure
in my grant for the land, where that is carrying on) I herein
humbly offer some observations and proposals etc. for
encouraging the casting of that metal in America, and then
importing it in pigs and sows, to be further manufactured in
Great Britain etc. England* is obliged to import yearly above
20,000 tons of bar-iron from foreign countries for the greatest
part whereof we always pay money, and is thus dependent
on the pleasure of foreign states for its supply etc. Neither
is there the least prospect that we can attain to the providing
ourselves from our own home produce with iron enough etc.,
seeing that the vast quantity of large charcoal, wch. so many
additional furnaces must necessarily consume, is an expence
far beyond what the woods of Great Britain and Ireland are
AMERICA AND WEST INDIES. 53
1728.
ever likely to afford. But on the continent of North America,
where it has of late years been discovered, that we have great
store of rich iron ore, wood so plentifully abounds, that the
new-seated inhabitants, in this age, are continually labouring
to destroy the same, in order to clear the lands for tillage, or
open the country for air and prospect. Timber, which the
nation very much wants, will make up a great part of the
ship's ladings, for no vessel loaded either entirely with iron,
or intirely with timber, can bear the sea etc. As I propose
that the manufacture of iron should, in the Plantations, be
carried no farther than to castings ; and that their pig-iron
should be brought to Great Britain, to be forged into bar, or
hammer-iron, my scheme does not tend to the lessning of any
one furnace etc., but will supply a great many more etc., and
create a large demand on our Country Gentlemen for their
copse-wood as well as an additional consumption of our sea-
coal etc. Proposes the taking off the present duty of 4s. per
tun on such iron, and the freeing it from the charge of landing
and weighing at the Custom-House keys etc. Signed, A.
Spotswood. Endorsed, Reed. 5th, Read 6th March, 172 1.
12 pp. [C.O. 323, 8. No. 85.]
March 5. 95. Petition of Six Lords Proprietors of Carolina to the
King. Refer to petition of 27th May, 1727, referred to Com-
mittee of Privy Council. Continue : Petitioners being
informed some difficulties may probably arise with respect to
the method of such surrender, and being desirous to shew,
their ready inclination to remove every obstacle and concur
in all things which may tend to your Majesty's honour and con-
sequently to the peace and prosperity of your Majesty's subjects
in that Province by setling it in the most safe and beneficial
mannor, Your petitioners do now most humbly offer and
propose to your Majesty, that you will be pleased to accept
from your petitioners an absolute and intire surrender of their
respective shares and interests not only of the sovereignty,
but of the right and property they have to the soil in the said
Province of Carolina by virtue of the two Charters granted
by King Charles the Second, humbly praying your Majestic
will be graciously pleased to direct and cause to be paid to
your petitioners each of them respectively the sum of 2,500
without any fee or deduction upon the payment of which they
are willing in due form to execute a surrender of their intire
propertie in the sd. Province of Carolina as above. And in
regard your petitioners have several arrears of quit-rents
and other dues unaccounted for which by reason of the disorders
and distractions in the said Province, they have not been able
to collect and receive whereby a great arreare of debt now
remains due and unpaid from your petitioners to their officers
and others. Your petitioners doe therefore most humbly
54
COLONIAL PAPERS.
1728.
pray your Majestic that upon your Majesties accepting the
before mentioned surrender, your Majestic will be graciously
pleased to give proper instructions to your Governor or any
other your Majesty's officers to assist your petitioners in setling
their demands of arrears of quit-rents or other dues and to
receive and collect the same for the use of your petitioners
thereby to enable them to discharge the demands which are
now upon them by reason of the said quit-rents and dues
being unpaid. Signed, D. of Beaufort, Ld. Craven, James
Bertie, H. Bertie, J. Colleton, Archd. Hutchinson. [C.O. 5,
290. pp. 257, 258.]
March 5. 96. H.M. Warrant appointing William Randolph to the
St. James's. Council of Virginia. Countersigned, Holies Newcastle. [C.O.
324, 36. pp. 35, 36.]
March 5.
London.
97. Commodore St. Lo. to the Council of Trade and
Plantations. As promised 18th Aug., encloses plan of the
Grand Beach at Placentia, " that your Lordships may dispose
of the same for the advantage of the Fishery, presuming that
of right it belongs to the fishing shipps etc., they now find them-
selves deprived of that benefit by the Lt. Governor, who makes
the Commanders pay to him very extravagant rents yearly
for the use of the same " etc. Refers to letters of 20th and 30th
Sept., and 15th Nov. Continues : Several of the French
inhabitants of Placentia, who had taken the oaths to his late
Majesty, and continued there, and on the West side of that
Bay, finding themselves male treated, soon after quitted their
residence (and retired to Cape Britton, and others into the
Bay of Fortune and D'Espoir) from under the wings of (as
they call him) an arbitrary Lieut. Governor, who afterwards
seized upon and sold their Plantations, an instance of which
I here inclose etc. This is a manifest encroachment on the
fishery and imposition on all H.M. good subjects etc. Signed,
John St. Lo. Endorsed, Reed. 5th March, Read 2nd April,
1728. 2 pp. Enclosed,
97. i. Copy of grant of a plantation by Lt. Govr. Gledhill.
v. C.S.P. Sept. 30, 1727, end. i. Same endorse-
ment. I p. [C.O. 194, 8. ff. 148, 148u., 1490. 150u.]
March 6. 98. Petition of Henry Newman to the Council of Trade
and Plantations. Is directed by Lt. Governor Wentworth to
solicite the passing of the Triennial Act of New Hampshire,
sent home in 1724, since other Corporations at home and in
the Plantations are allowed this privilege etc. Signed, Henry
Newman. Endorsed, Reed. 7th March, Read 24th May, 1728.
f p. [C.O. 5, 870. ff. 65, 66t>.]
AMERICA AND WEST INDIES.
55
1728.
[March 7.] 99. Address of the Clergy of S. Carolina to the King.
Welcome, thrice welcome, Great Sir, to the throne of your
Ancestors etc. 10 signatures. Endorsed, Rd. March 7,
1728, from the Bishop of London, who desired it might not
be inserted in the Gazette. 1 p. [C.O. 5, 383. No. 36.]
March 7. 100. Mr. Popple to Mr. Fane. Encloses draught of bill
Whitehall, for ife better and more effectual preservation of H.M. woods in
America, and for encouraging the importation of Naval Stores
from thence, for his opinion thereupon in point of law, as soon
as possibly may be. [C.O. 324, 11. pp. 63, 64.]
March 7.
Jamaica .
March 8.
Westminster.
March 11.
March 12.
Boston.
1 01 . Governor Hunter to Temple Stanyan. Has nothing
to add to letter of 10th Feb., but would " be glad to know Mr.
Coleman's resolution as to Mr. Bowerman's offer." If the
Assembly reflects the disposition and temper which is generally
observed at present in the country, he may hope for a good
issue etc. " We have had no ship from Europe since my arrival
or advice from Mr. Hopson since he sail'd for ye coast."
Encloses duplicate of 10th Feb. Signed, Ro. Hunter. Endorsed,
R. May, 22th. Holograph. 1 p. [C.O. 137, 53. ff. 24, 25u.]
102. H.M. letters patent renewing patent of Alexander
Henderson, Attorney General of Jamaica. Countersigned,
Cocks. Copy. [C.O. 324, 49. ff. 55-57.]
103. Mr. Beake and Mr. Meure to Mr. Popple. Ask that
hearing of complaint against Lt. General Mathew may be
deferred. Signed, Tho. Beake, Abraham Meure. Endorsed,
Reed. Read 12th March, 172|. 2 pp. [C.O. 152, 16. ff.
158, 158i>., 159t;.]
104. Lt. Governor Dummer to the Council of Trade and
Plantations. Since my last to your Lordships wee have had
a long Sessions of the General Court of this Province, copies
of all the Votes, Acts and Orders, passed therein shall bee sent
you as soon as the Secretary can prepare them who looses no
time in copying them over. In perusing the said votes &c.,
your Ldships will perceive the great struggle that has been
made for more bills of Credit which are insisted on as absolutely
necessary for the support of the Government and the trade
and buisness of the inhabitants : for which important occations
divers bills have passed the House of Representatives and
met with a non-concurrence at the Councill. At length a bill
entituled An Act for Fortifications etc., passed both Houses,
but the sd. bill seeming to be inconsistent with instructions
from their Excellencys the Lords Justices, d. Sepr. 27th, 1720,
and also with the instructions from your Lordships dated
Februr. 8, 1726/7, signed by Mr. Popple, I thought it necessary
56 COLONIAL PAPERS.
1728.
to take the advice of H.M. Council of this Province thereon
who gave it their opinion that the bill was inconsistent with
sd. instructions, notwithstanding that they had before passed
a Concurrence on it (as they say) in another capacity : upon
wch. I rejected the bill. After that another bill was projected
and passed both Houses intituled an Act for raising and settling
a publick Revenue for and towards the defraying the necessary
charges of this Government wch. bill being for an emission of
sixty thousand pounds altho' it was for raising a revenue for
the support of the Government, yet the interest onely being to
be apply'd for that service I thought it necessary to summon
all the Council of the Province (whereof 23 appeared) to take
their opinion upon it with reference to the aforementioned
instructions, and their answer I now inclose to yr. Lordships.
Upon which I shall onely observe that tho' they mention in
the first part thereof that they don't think themselves obleiged
to give any further advice on the sd. bill then what they
expressed by their concurrence to it as part of the Legislature,
they nevertheless say as follows : "At the same time they
cannot but think it will be as well for H.M. honour and service
and agreeable to your duty to H.M. as for the good and welfare
of the Province and the necessary support of the Government
thereof if the bill bee consented to by your honour." Upon
which I passed the bill conceiving my selfe in all difficult and
doubtful cases most safe in p'sueing the advice of H.M. Council :
wch. if it be agreeable to your Ldships' sentiments as I have
alwayes endeavoured to conforme my selfe I shall have greater
satisfaction. As to the hundred thousand pounds that your
Lordships mention'd you expected I would take effectual
care to have brought in and burnt to ashes according to the
time appointed by the Act for emitting the same I have already
acquainted your Ldships of my proceedings therein that I
have persued it as farr as lay in my power, but inasmuch as
it lay with the General Court by an Act to appoint p'sons
for the receiving and burning thereof wch. I could not at
that time obtaine, and that the Commissioners for calling in
the mony were under some difficulty as to sueing out the
mortgages, which they thought they wanted the authority of
the Genl. Court to assist them in. I was willing to do the
next best I could which was to consent to a resolve now passed
wch. will effectually bring in all the sd. bills within the space
of 4 years wch. considering the equity of redemption provided
for in the first Act will not protract the time above one year
eaven for the last payment beyond what the borrowers might
have done by vertue of that Act. I lately received a letter
from your Lordships dated the 31st of August wch. mentions
that some Governors of H.M. Plantations have not made
abstracts in the margins, of the Minutes of Council and Assembly
etc., wch. I think has alwayes been don on those sent from
AMERICA AND WEST INDIES.
57
1728.
March 13.
Whitehall.
hence but if your Ldships will please to point out where wee
have been wanting I shall take care while I have the honour
to bee in command to have it p'formed. Before the Court
rose they voted a Committee to consult proper measures to
restore the value of the bills of Credit of this Province wch.
if it can be done propperly will doubtless be for H.M. service
and the benefit of the people. It may not be improper to
add one word further concerning the Act for calling in the
100,000 that tho the burning of them is not incerted therein
yet its all one, for the bills are all dead when they are return'd
into the Treasury as much as if they had never been made,
and a reason given for not incerting it was that whereas many
of them might be good bills and so by being changed for bills
torn and defaced might save the charge of making more for
that use and for the yearly emissions for the charges of the
Government. I inclose your Lordships the copy of advice of
Council for passing this bill etc. Signed, Wm. Dummer.
Endorsed, Reed. 14th, Read 24th May, 1728. 4 pp. Enclosed,
104. i. Minutes of Council of the Massachusetts Bay, Feb.
17-20, 1728. Endorsed, Reed. 29th April, 1728. 1 p.
104. ii. Minute of Council, Jan. 26, 1728. 1 p. Same
endorsement. 1 p. [C.O. 5, 870. ff. 104-105t;., 106i;.,
107, 108i;., 109, llOu.]
105. Duke of Newcastle to the Council of Trade and
Plantations. H.M. having been pleased to continue Richard
Philips in the employment of Governor of Placentia and Capt.
General and Governor in Chief of Nova Scotia etc., you are to
prepare draughts of a Commission and Instructions for him
etc. Signed, Holies Newcastle. Endorsed, Reed. 14th, Read
16th March, 172|. 1 p. [C.O. 217, 5. ff. 9,
[Mar 15.] 106. Officers of H.M. Yard at Woolwich to Col. Spotswood.
Oct. 27, 1725. Certificate that they found the sample of
Virginia hemp submitted by him, to be considerably superior
to the best Russia, and equal in strength with the best Riga
hemp. Cf. 4th March, 1728. Signed, T. Holmes. Endorsed,
Reed, (from Col. Spotswood) 15th March, 172|. Copy, f p.
[C.O. 5, 1321. ff. 12, 13t>.]
March 15.
Whitehall.
March 15.
107. Mr. Popple to Sir Jacob Ac[k]worth, Surveyor of
H.M. Navy. Requests a return of prices of Naval Stores for
some years before the Revolution to 1698, and for as many
years as possible since Christmas, 1716. [C.O. 389, 28. p.
335.]
108. David Dunbar to Temple Stanyan. Encloses letter
from New England concerning the condemnation of 200 fine
masts for H.M. use, and asks for directions thereon from the
58
COLONIAL PAPERS.
1728.
March 15.
Whitehall.
March 16.
N.
Providence.
Duke of Newcastle, and also upon the question of furnishing
the Spaniards with large planks etc. Being about to imbark,
asks that his former memorial may be referred to the Board of
Trade etc. Signed, David Dunbar. Addressed. 1 p. [C.O.
5, 898. No, 44.]
109. Duke of Newcastle to the Council of Trade and
Plantations. I have laid before the King your report upon
the Duke of Montagu's petition etc. His Majesty expected
your report would have been more particular upon several
points, of which H.M. would be apprised, in order to form a
judgement whether his Grace's request is proper to be granted.
H.M. would know of what advantage you apprehend that the
settling of Tobago may be to his Revenue, and to the Trade
and Navigation of his subjects in this Kingdom ; how it may
affect H.M. other Dominions in America, in the relation to
their security and commerce ; and what effect it would have
upon the trade and navigation of other Nations possesst of
Colonies and Plantations in America etc. Returns report of
27th Feb. for their opinion " in these particulars and such
others as may occurr to you." Signed, Holies Newcastle.
Endorsed, Reed. 18th, Read 22nd March, 172|. l pp. [C.O.
28, 19. ff. 102, 102u., 103u.] '
110. Governor Phenney to the Council of Trade and
Plantations. Sends public papers by way of S. Carolina.
Continues : Not having receiv'd any stores of war etc., and
the encreasing rumours of a war oblige me to continue my
sollicitations on that head. Our fort to the eastward advancing
apace I don't question, if we are accordingly supplied with
amunition, to make this port very defencible against any
force the Spaniards can send. When I wrote in Nov. last
I was in a very weak and languishing condition and desir'd
your Lordships to interceed with H.M. for his Royal lycence
to go for England for the re-establishment of my health, but
it having pleas'd God to restore me in great measure, I don't
question but to be able to do my duty in case anything happens.
The Gunner's account enclos'd will show how low our stock
of powder is, and I beg your Lordships will excuse my mention-
ing it again, considering our condition and incapacity to supply
ourselves. Signed, G. Phenney. Endorsed, Reed. 3rd June,
Read 9th. July, 1728. 1 p. Enclosed,
110. i. Governor Phenney's Replies to Queries of the Board
of Trade. Repeats former answers, v. C.S.P. 28th.
Jan., 1726 and 20th April, 1727, adding to list of
negroes imported, two imported from Barbados in
1727. Endorsed, Reed. 3rd June, 1728. 10 pp.
110. ii. Account of stores of war wanting at Nassau. Signed,
G. Phenney, and six Councillors. 2 pp.
AMERICA AND WEST INDIES. 59
1728.
110. iii. Account of stores of war brought over by Governors
Rogers and Phenney and what remains 1st Jan., 1728.
Signed, Willm. Shott. 3 pp. Nos. ii and iii
endorsed, Reed. 3rd June, 1728.
110. iv. Public Accounts for 1727. Receipts (including 20
12s. 9d. brought forward) 84 13s. 9d. Expenditure
53 11s. 6d. Signed and sworn to in Council, Pr.
Goudet, Treasurer. Endorsed as preceding. 2 pp.
110. v. List of Baptisms in 1727, (30 infants, 18 adults) ;
Marriages (7), and burials (7). Signed, a true copy
from the Church Register, W. Fairfax, Secry. Same
endorsement. I folded p. [C.O. 23, 2. ff.I8I,l82v-
I37v., 138u.-141, 142t>., 143t;.-145u. ; and (enclosure
i only), 23, 12. No. 95.]
[Mar. 16.] 111- List of ships entered and cleared at New Providence,
26th Dec., 1727 25th March, 1728. Signed and sworn to,
by Jno. Warner. Navl. Offr. Endorsed, in Governor Phenney's,
March 16. 6 pp. [C.O. 23, 12. No. 94.]
March 16. 112. Governor Phenney to the Duke of Newcastle.
Duplicate of No. 110. Signed, G. Phenney. Endorsed, R. 5th
ice - June. l^pp. Enclosed,
112. i. Minutes of Council of the Bahama Islands 10th
March 16th Dec., 172f . 28 pp.
112. ii-vi. Duplicates of Nos. 110 ii-v and 111. [C.O.
23, 14. ff. 13, 18u., 14U.-30, 3lv., 32, 33t;., 34,
35u., 36, 37-38, 39, 890.]
March 16. 113. Mr. Popple to Mr. Oxenford. Asks for an account,
Whitehall, as soon as possibly may be, of iron imported for 10 years past,
and of duties now payable thereon, especially pig iron from
the British Plantations. [C.O. 324, 11. p. 64.]
March 18. 114. Sir Jacob Acworth to Mr. Popple. In reply to 15th
Navy Office. March, encloses following and account of prices of Naval Stores
rendered by Navy Board 8th Aug. 1696. Signed, Ja. Acworth.
Endorsed, Reed., Read 19th March 172$. 1 p. Enclosed,
114. i. Account of prices annually given by the Navy Board
for pitch, tar and turpentine and for New England
masts, yards and bowsprits, 1717-1727 inclusive.
3 pp. [C.O. 323, 8. Nos. 86, 86 i.]
[Mar.? 19.] 115. Five Lords Proprietors of Carolina to the Committee of
i2fch fcween h ^ r * v y Council. [Reply to enquiries by the Committee, (12th March)
March. concerning grants of lands made by the Proprietors of Carolina
to each other. This reply was read by the Committee on 19th
March, v. A.P.C. III. No. 132.] Continue: We doe
admit there have been several tracts of land granted to the
60 COLONIAL PAPERS.
1728.
Proprietors and others by virtue of the powers given to them
by their Charter, the particulars of which from 1713 are :
1714. One grant of all minerals (excepting Royal mines)
and one for making of oyl from the nuts of Carolina, both
which were to be void, if not undertaken and attempted within
three [? years] after the date, and now consequently void.
A grant of 500 acres to the Rev. Mr. Johnston, reserving the
usual quit-rents, which we beleive was not set out he being
since dead. 1715. 5000 acres to Mr. Hodgson, reserving
usual quit-rents, never set out as we know of. 1716. A
grant to Mr. Churchy and Swartz for wrecks within the limits
of the Lords patent, reserving 5 p.c. out of the net profits,
which project was never entred upon. 1719. Sir Robert
Montgomery had a grant of a great tract of land between the
Rivers Savanna and Alatamaha at a quit rent of a penny an
acre yearly, as it should be settled, with the reservation that
the Proprietors might re-enter if Sir Robert his heirs etc. should
not begin the settling for 3 years. 500 acres of land to Revd.
Mr. Allsop. He dyd and it was never taken up. Altho' in
1713 no lands were ordered or lay'd out for the Lds.
Proprietors either in S. or N. Carolina, yet in '18 and '19 there
were several Baronies lay'd out for the use of the Lords
Proprietors, etc., they judging this method might tend to the
better peopling the Province by engaging the Proprietors
separately to cultivate and improve their own lands, but by
reason of the disorders of the Colony, these lands were never
entred upon, except one Barony by Sir John Colleton's son, who
went over above a year since to settle the same. 1722. 12,000
acres were granted to the Secretary Mr. Shelton as a gratification
for his many years services, but not yet set out. 1724, 5.
12,000 acres to Mr. Purey upon condition that he should
transport 300 people within a year, and a farther agreement
was made with Vats and Pury for two Baronies in considera-
tion they should transport 1200 Switz into the Province at
their own charge, which they are not able to perform. But
the consideration of this affair being recommended to the
Proptrs. by the Duke of Newcastle and the Lds. Com-
missioners of the Plantations, the Proptrs did propose at
their own charge to have paid the passage of 300 Protestant
Switz, in case they could give security to settle upon the
Savanna river, for the greater safety of the infant Colony at
Port Royal, but this was never done. 1726. Four barony s
of 12,000 acres each were granted to Mr. Thomas Lowndes
and three other persons in consideration of his services for the
common good of the Province and of the surrender of a former
grant of 48,000 acres (which upon examination appeared never
to have been set out) which deeds were inrolled in H.M. Court
of Common Pleas. A warrant was granted to Col. Samuel
Horsey for a Landgraveship with four baronies thereunto
AMERICA AND WEST INDIES. 61
1728.
annexed, and a patent was ordered for the same, but not taken
out by him, by reason of the unsetled state of the Province.
1727. A grant of 1000 acres of land at a quit rent of a penny
per acre to commence three years after the date was made
to one Tayler of Ireland, who went over with above 30 white
people to settle there. North Carolina. 1723. A grant was
made to Mr. Burrington for 2000 acres upon his being appointed
Governor of North Carolina ; which he refusing to accept,
we look upon that to be void. 1724. 2000 acres were granted
to Sir Richard Everard, when he was appointed Governor,
reserving the usual quit-rents, and we are informed this has
been set out accordingly. 1727. 3000 acres were granted
to my Lady Everard at the usual quit-rents, upon her going
over with her family to settle there, who went about May
last. These are all that ever were granted by the Proprietors
since 1713. And if we have not given your Lordships a more
exact account of the conditions upon which they were granted
and the place where they are to be set out, it is for want of a
proper register etc. Nor could we obtain a true rent roll of
our lands which occasioned our presenting a petition to his
late Majestic praying that he would be graciously pleased to
direct his provisional Governor to cause a Register to be made
of all the lands granted, and upon what terms in order to
know how to settle the remaining uncultivated lands in such
manner as might conduce to the publick good. In answer to
the last of your Lordps'. queries, we doe admit that the
Proptrs. did shut up their office for the sale of their lands
in Carolina in 1719, when Mr. Johnson suffered himself to be
deposed ; which we humbly apprehend was not only prudent
but justifiable, the Proptrs'. predecessors having at their
first entring upon the execution of their Charter made grants
of large tracts of lands to several persons who proposed to
settle at a very small quit-rent there, or only a peper corn
yearly, in expectation that the grantees of such lands would
have been induced to settle them, and thereby increase the
number of inhabitants. But as we are informed there is not
a sixth part of the land so granted as yet settled by anybody,
we conceive such lands may be re-entered upon etc. The
Proprietors were always ready at their office in London to grant
their unsetled lands at a moderate quit-rent, not exceeding
one penny per acre yearly to any persons who with an intention
to settle there would have apply 'd to them ; and they were
ready to receive and comply with any reasonable proposal of
that kind from the country's agent Mr. Yong, notwithstanding
his known ingratitude to the Proprietors whose Surveyor
General he was for many years ; but absented himself from the
Province, and his duty without their leave and consent etc.
By the clause in our last petition etc. (v. 5th March, proposing
surrender of sovereignty and interest) we mean and intend to
62
COLONIAL PAPERS.
March 19.
1728.
surrender to H.M. our right and title to all our lands not entred
upon and improved, as well the baronies and lands granted to
each of us, as proprietors, as also other our lands whatsoever
in the Province of Carolina, desiring that in drawing the deed
of surrender, they may be as fully convey'd, and vested in the
Crown, as we are capable of doing it without any restriction
or reserve. Signed, D. of Beaufort, Ld. Craven, James Bertie,
H. Bertie, J. Colleton. [C.O. 5, 290. pp. 259-266.]
116. Mr. Meure to Mr. Popple. Encloses proofs to support
Mr. Mathew's answer to the Address against him. Continues :
I expect (by the first ships) an approbation (honourable to Mr.
Mathew) from the present Assembly of all the vouchers and
accounts complained of in the sd. Address as not deliver'd
to ye Assembly, tho' the contrary is evident by the Minutes of
Council, etc. Signed, Abr. Meure. Endorsed, Reed. 20th,
Read 21st March, 172f. 1| pp. Enclosed,
116. i. Minutes of Council of St. Christophers, 5th March,
1726, recording the reconciliation of Governor Hart
and Lt. General Mathew. Endorsed, Reed. 20th
March, 172|. Copy, f p.
116. ii. Minutes of Council and Assembly and papers relating
to Lt. Genl. Mathew's accounts for fortifying
Brimstone Hill. Endorsed as preceding. 20 large pp.
116. iii. Deposition of Nathan Crosley as to Lt. Genl.
Mathew's trouble and expense in fortifying Brimstone
Hill. 22nd May, 1727. Signed, Nathan Crosley.
Same endorsement. I p.
116. iv. Deposition of N. Crosley as to Lt. Genl. Mathew's
interview with the Committee of Accounts etc. 22nd
April, 1727. Signed, Nathan Crosley. 1 p.
116. v. Deposition of John Harris, confirming preceding.
21st April, 1727. Signed, Jo. Harris. Endorsed,
Reed. March 20, 172$. 1 large p. [C.O. 152, 16.
ff. 170, I70v., I7lv., 172, 173u.-183z;., 184i;., 185*;.,
1860-187x>.]
March 20. 117. Mr. Beake to Mr. Popple. Is unable to attend the
Board owing to illness. Encloses following papers and awaits
further instructions from St. Kitts etc. Prays that several
Acts of St. Kitts may be reported on etc. Signed, T. Beake.
Endorsed, Reed. 20th, Read 21st March, 172$. 1 p. Enclosed,
117. i. Thomas Butler to Thomas Beake, St. Christophers,
7th Sept., 1726. Encloses duplicate of Address of
Assembly sent in April last, and expresses concern
at not having heard of its being laid before the King
etc. Signed, Tho. Butler. Copy. 1 p.
117. ii. Mr. Spooner, Speaker of Assembly, St. Christophers
to Mr. Beake. St. Christophers. June 30, 1727. Is
not yet able to send proofs of the allegations in the
AMERICA AND WEST INDIES. 63
1728.
Address of Assembly relating to Lt. General Mathew
etc., he not having called the Assembly together since
Genl. Hart went away etc. Signed, J. Spooner. If
closely written pp.
117. iii. Minutes of Council and Assembly of St. Christophers
relating to Lt. Genl. Mathew's accounts etc. 16th
April 18th May, 1726. Copy. 1 p.
117. iv. Affidavit of John Griffes, Clerk of the Assembly,
that enclosed papers are true copies etc. and as to
proceedings of Assembly. 8th Aug. 1727. Signed,
John Griffes. 1 p.
117. v. Minutes of Assembly, 9th Oct. 1725 Feb. 19, 1726,
relating to Lt. Genl. Mathew's accounts. 5 pp.
[C.O. 152, 16. ff. 160, 161, 162, 162*;., 163i>., 164i;.,
., I67v., 168i>.-169z;.]
March 20. 118. Council of Trade and Plantations to the King. In
Whitehall, obedience to Order of 15th March, report upon Admiralty
Memorial relating to the destruction of H.M. woods etc. and
encouragement of Naval Stores. It is with great pleasure,
that we observe upon this occasion the conformity between
the opinion of the Lords of the Admiralty, and that of this
Board upon this important subject. We have always thought,
that nothing can be of greater consequence to your Majesty's
service, and the welfare of this Kingdom, than the preservation
of your Majesty's woods in America, and the importing of
timber, and all sorts of Naval Stores, directly from your
Majesty's Plantations to Great Britain ; and we have often
represented the same in several reports to the Crown. This
matter being again referred to us by your Majesty's Order ;
we have perused our former reports and discoursed with some
persons who were formerly Governors of your Majesty's
Colonies, with sevl. merchants concerned in the importation
of Naval Stores, and likewise with the Commissioners of your
Majesty's Navy, that we might be the better able to offer the
proper means for preserving your Majesty's woods, and for
encouraging the raising and improvement of Naval Stores in
America : Whereupon we humbly take leave to represent to
your Majesty that by the Charter granted to the Massachusets
Bay, " all trees of the diameter of 24 inches and upwards at
12 inches from the ground growing upon any soil or tract of
land in the said Province, not heretofore granted to any private
person " were reserved for the use of the Crown. But this
reservation hath been entirely destroy'd by ye construction,
which the people of New England put upon a clause in an
Act passed in the 8th year of His late Majesty's reign, giving
further encouragement for the importation of Naval Stores etc.,
whereby it is enacted for the preservation of white pine trees,
for the masting the Royal Navy, that no person shall fell, cut
64 COLONIAL PAPERS.
1728.
or destroy any white pine trees not growing in any township
or the bounds thereof etc. The construction the inhabitants
of the Massachusets Bay put upon this clause is, that your
Majesty has no property in any trees growing in any township
or ye bounds thereof, and consequently that the Surveyor
General of the woods hath no power to prevent the people
from cutting them, for their own use. The inhabitants of
New Hampshire having interpreted this Act of Parliament
in the same manner, have got the greatest part of their Colony
granted out into townships, by which means, unless a remedy
be speedily apply'd, your Majesty will be deprived of the
benefit of any masts growing either in the Massachusets Bay
or New Hampshire. This we take to be the chief cause at
present, of the destruction of your Majesty's woods in those
Provinces, which in our humble opinion can only be prevented
by Act of Parliament, and we did some years ago present a
Bill to the House of Commons for this purpose, as likewise
to incourage the importation of Naval Stores, which had not
then the desired effect. This Board has also ever been of
opinion that it would be necessary for your Majesty's service,
that the Surveyr. of your Majesty's woods should constantly
reside in some of your Majesty's Plantatns. on the Continent
of America ; and that the respective Governors thereof, should
be directed to be aiding and assisting to the said Surveyor in
the execution of his duty. But, as it is impossible that one
man alone should be able fully to discharge his duty to your
Majesty in so extended a trust without proper assistants ; in
our humble opinion it would be for your Majesty's service that
the said Surveyor should be allow'd two or more Deputies,
with competent salaries, for their subsistance, and that those
Deputies should be ship carpenters by professions conversant
in the use and value of timber. These methods would probably
contribute towards the redress of so great an evil as the
destruction of your Majesty's woods, and therefore should by
no means be neglected. But even these we have reason to
apprehend will not be entirely effectual ; for altho' the
reservation of timber of certain scantlings for your Majesty's
service, is already expressly made by many Acts of Parliament
now in force : yet the trees in the Massachusets Bay and New
Hampshire being for the most part intermixt with private
property, and the interest of the inhabitants in this particular,
being opposed to that of the publick, it has by long experience
been found impracticable, to put the laws in execution in their
ordinary course and therefore the adjudication of this matter
has by subsequent laws been placed in the Admiralty instead
of the Common Law Courts, it being impossible to find a Jury
that would do justice to ye Crown in this particular. Upon
this footing the Law already stands with respect to your
Majesty's woods, notwithstanding the repeated complaints,
AMERICA AND WEST INDIES. 65
1728.
which we have received, and as often reported concerning the
destruction made in them ; and therefore when this Board
was directed to draw up Instructions for Col. Philips your
Majty.'s Governor of Nova Scotia, in order to secure a lasting
store of timber for the service of the Royal Navy in all times
to come free from contest and intermixture of property they
took care to insert an Article, wherein it was provided,
" That certain tracts of land found upon survey to be most
proper for producing of masts and other timber for the use of
the Royal Navy and lying contiguous to the sea coast or
navigable rivers should be reserved for your Majesty's service " ;
and the Governor was forbid to make any grants of land, till
such tracts should have been marked out and set apart for your
Majesty's use not amounting to less than 200,000 acres etc.
And as we conceive this to be a matter of very great consequence
to your Majesty's service, we would humbly propose that the
Surveyor General of your Majesty's woods may be directed,
without loss of time, to proceed to Nova Scotia and to execute
your Majesty's Orders in this particular. It would certainly
be of great advantage to these Kingdoms that we should from
time to time receive such supplies of Naval Stores from your
Majesty's American Colonies as might render us independant
of our Northern neighbours, in an article so highly important
to the defence, the Trade and Navigation of Great Britain.
This Board has therefore on all proper occasions urged the
necessity of this proposition, and the Legislature have likewise
at different times, made the same the subject of their con-
sideration. From hence the several Acts have taken rise
which heretofore gave praemiums on the importation of Naval
Stores from the British Colonies in America, which Acts have
been attended with very good consequences, inasmuch as they
have greatly reduced the price of some Naval Stores, particularly
of pitch and tar. But the said praemiums are now all expired,
except only such as relate to hemp. And we are humbly of
opinion it may be necessary to renew them, tho' not in the
same degree. By an Act passed in the 3rd and 4th of Queen
Ann, the praemiums given upon Naval Stores were, for pitch
and tar 4, pr. ton, rozin and turpentine 3, masts and yards
and bowsprits l, hemp, 6, to continue 9 years ; and by
another Act passed in the 12th year of the Queen they were
continued for 11 years longer. By an Act passed in the 8th
year of His late Majesty's reign, the praemium given upon
hemp was further continued for the space of 16 years, and
from thence to the end of the next Session of Parliament which
will expire about the year 1741. But the praemuims on all
other Naval Stores did expire in Janry., 1725/6. By the
last mentioned Act, there was a particular manner pre-
scribed to prepare trees for the making of tar. and it was then
intended that no praemiums should be given on any tar but
C,P. XXXVI 5
66 COLONIAL PAPERS.
1728.
such as should be made from trees prepared after the method
prescribed. And in the Bill which was offered to the House
of Commons about 4 years since for encouraging the importation
of Naval Stores from the British Plantations in America,
and for the better preservation of timber there, for the use
of H.M. Navy, it was thought proper to have so much regard
to this new method as to give some additional encouragement
more than in ye common way of making tar, to induce ye
planters to fall into the practice. But as we are informed by
several persons concerned in making and importing of tar,
this way has been attempted without success and is so far
despaired of that they are apprehensive if this restriction
should be made general it would in effect prevent the
importation of any quantities of tar from your Majesty's
Plantations and consequently make us again dependant upon
the Northern Crowns for supplies of this material branch of
Naval Stores : we are of opinion, in case it should be thought
fit, that praemiums be continued upon tar imported from your
Majesty's Plantations, that all tar clean, good merchantable,
well conditioned, clear of drops or water, and fit in every
respect for making cordage should be entituled to the praemium
hereafter specify'd, and that an additional encouragement
should likewise be given to engage the Planters if possible, to
make tar in this new method, which we have reason to believe
is the practise in Sweden, tho' it may not hitherto have been
found practicable in America. We have discoursed with
planters, merchants importers, and likewise with the Com-
missioners of your Majesty's Navy upon praemiums for Naval
Stores, who differ very much upon this subject ; the planters
and merchants importers insist that the premiums should be
upon tar and pitch and turpentine 3 pr. ton and masts, yards
and bowsprits 1. The Commissioners of your Majesty's Navy
are of opinion, that it will be sufficient to allow, upon pitch
and tar 2, turpentine l 10*. Od., masts, yards and bowsprits
17*. 3d. What would seem to us reasonable is, that a
competent allowance should be made to the planter in con-
sideration of the price of labour and freight in America so far
as they exceed the rates paid in the East Country ; and the
merchants state this account in the following manner vizt.,
tar made in Finland, pr. barrel, first cost 4*., freight about 4*.,
leakage 1/6, wharfage etc. 1/6, = 11/0. Tar made in the
Plantations pr. barrel, first cost 7/s., freight in time of peace
8/s., leakage 1/6, wharfage etc. 1/6=18/5. By this account
the praemium upon tar would be 7/s. pr. barrel and the merchants
think the same prasmium necessary for pitch. But the Com-
missioners of the Navy are of opinion, the article of freight
from the East Country is one shilling undercharged by the
merchants, that from the Plantations 6d. overcharged ; taking
therefore the account with this alteration, the praemiums upon
AMERICA AND WEST INDIES. 67
1728.
pitch and tar would be 5*. 6d. pr. barrel. As to turpentine
very little encouragement will be necessary because no
quantities of turpentine are imported from any other place
but from your Majesty's Plantations : And therefore we agree
with the Commissioners of the Navy in this Article that is to
say that a praemium of 30*. pr. ton may be allowed upon every
ton of turpentine imported from the Plantations, which will
be little more than the duty payable upon importation, which
amounts to l Ss. Qd. The praemium originally upon masts,
yards and bowsprits was 205. pr. ton, but there was then a
duty of 25. 9d. pr. ton payable on their importation, which
hath since been taken off ; and therefore 175. 3d. will now be
sufficient encouragement on this head. But the merchants
complain that these praemiums have never been regularly paid,
that the bills now made out for them are always at a discount,
and therefore desire that they may hereafter be made payable
in the new course of the Navy, which we think reasonable
and might be some recompence for the diminution in the
prasmiums. In the foregoing computation we have omitted
the article of hemp, the praemium on that head being sufficient,
and in force for about 13 years to come ; as likewise rozin,
it not being necessary to give any farther praemium for that
commodity, because rozin is made here from turpentine imported
from the Plantations. There is another Article of Naval
Stores very much wanted, and purchased from our neighbours
at a great expence, this Kingdom being annually obliged to
import about 20,000 tons of iron from Foreign Countries for
the most part bought with ready money : And there have been
certain periods of time particularly during our last difference
with Sweden when the want of this commodity was found
very inconvenient to the publick. Since therefore your Majesty
is taking into your Royal consideration the necessary incourage-
ment s for importing of Naval Stores in genl. we thought it
our duty to mention this among the rest, because there is
great plenty of iron ore to be found in your Majesty's Planta-
tions in America, where wood for the furnaces likewise abounds.
A Bill formerly passed the House of Commons wherein the
incouragement proposed for importing iron in pigs and sows
from America was the taking off the duty payable upon the
importation of that commodity which amounts to 3s./9^d.
pr. ton ; and the same incouragement would in our opinion
engage the planters to furnish us with sufficient quantities of
iron to supply our manufacturers. These being our sentiments
concerning the methods for the preservation of your Majesty's
woods, and the encouragement for the importation of Naval
Stores from your Majesty's Colonies in America ; we have
prepared the draught of a bill agreeable thereunto ; which
we take leave to transmit, together with this our report, that
in case our opinion should meet with your Majesty's Royal
68 COLONIAL PAPERS.
1728.
approbation, no time might be lost in putting your Majesty's
commands concerning the same in execution. But as we
conceive it is not reasonable that prsemiums should be given
upon any Naval Stores, but such as are actually employed at
home for the service of the British Navigation, we would
humbly submit to your Majesty, whether it may not be proper
before this Bill be offered to the House of Commons, that a
clause should be prepared to provide that upon the re-exporta-
tion of Naval Stores which received praemiums, the sd.
premiums or an equivalent for them, should be repaid to the
publick. Annexed,
118. i. Draught of an Act for the better and more effectual
preservation of H.M. woods in America, and for
encouraging the importation of Naval Stores from
thence. [C.O. 324, 11. pp. 65-97.]
March 20. 119. Governor Hunter to Mr. Stanyan. The storeship
Jamaica. jj as arrived " in twelve weeks three days from the Downs.
She comes in good time for this squadron, wch. wants rigging
and stores much. Mr. Hopson with all the squadron except
the Berwick, and Capt. Anstey's ship, is still on ye coast " etc.
Our sloops from that coast tell me the galleons are all there
(at Cartagena) safe enough tho' not very sound ; their cargo
at Panama. I can say nothing of our publick affairs till the
Assembly has mett, which will fall out to-morrow seven night.
All is pretty serene and quiet here at present, except some
disturbances from remote places from the wild negroes. Send
me your resolution as to Mr. Bowerman's offers in relation
to Mr. Coleman's affaire, and some of your spare newspapers.
If I could be of any use here to you or any you are concerned
for, it would be matter of satisfaction to me etc. P.S. My
most humble duty to his Grace etc. Signed, Ro. Hunter.
Endorsed, Rd. May 31st. Holograph. 2 pp. [C.O. 137, 53.
//. 26, 200., 27w.]
March 20. 120. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before H.M.
Autograph signatures. 1 p. Enclosed,
120. i. Petition of Majority of Assembly of Barbados to
the King. Duplicate of No. 6 i. [C.O. 28,
39. Nos. 42, 42.i ; and (without enclosure) 29, 14.
p. 439.]
[Mar. 20.] 121. Proceedings of Court of Chancery, Barbados, May
17, 1727 March 20, 1728. 12 pp. [C.O. 33, 27. No. 10.]
March 20. 122. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before the King.
Annexed,
AMERICA AND WEST INDIES. 69
1728.
122. i. Same to the King. We humbly lay before your
Majesty enclosed draught of Instructions for Governor
of New Hampshire (No. iv) with some few alterations
and our reasons for the same. There being two
vacancies in your Majesty's Council of New Hampshire
by the death of Mr. Vaughan and Mr. Penhallow,
we have inserted the names of Henry Sherburn, and
of Saml. Penhallow Esqrs. to supply the said vacancies
etc. We have added the 30th Article requiring the
Assembly to settle upon Mr. Burnet a sallary of
200 pr. annum, in pursuance of your Majesty's
Order in Council, 15th Feb. We have omitted the
72nd Article of Collo. Shute's Instructions directing
him to endeavour to get a law past for restraining
of inhuman severities towards servants and slaves,
a law having been passed for that purpose. We
have made no other alteration or addition to these
draughts, except, what your Majesty has already
approved in your Instructions to the Earl of Orkney,
Governor of Virginia. Annexed,
122. ii. Same to Same. Lay before H.M. enclosed draught
of Instructions for Governor of the Massachusets
Bay. Continue : We have added the 23rd Article,
requiring the Assembly to settle upon Mr. Burnet,
a salary of 1000 pr. annum, in pursuance of your
Majesty's Order in Council, 15th Feb. We have
omitted the 68th Instruction formerly given to Colo.
Shute, in relation to the qualification of jurors, it
being now provided for, by the laws of that Province.
We have left out the latter part of the 44th Instruction,
obliging the planters to keep a certain number of
white servants ; but there being very few, if any
negroes in the Province, we think it more properly
omitted. There having been no stores of war sent
from the Office of Ordnance here, to the Massachusets
Bay for several years past, and the fort at Pemaquid
being of no use since the Province of Nova Scotia has
been yeilded up to the Crown of Great Britain, we
have omitted part of the 58th Instruction in relation
thereto. We have altered Colo. Shute's 40th
Instruction in relation to the appointment of an
Attorney Genl. and expressed Mr. Burnet 's 70th
upon the same subject in such terms, as may
prevent the General Court, from taking upon them
to nominate the Attorney Genl. as they have some-
times done, altho' the naming that officer is
undoubtedly your Majesty's right. Concludes as
preceding.
70
COLONIAL PAPERS.
1728.
122. iii. Draught of H.M. Instructions for William Burnet,
Governor of the Massachusets Bay, together with
Instructions relating particularly to the Acts of
Trade and Navigation. St. James, 28th March, 1728.
122. iv. Draught of H.M. Instructions to William Burnet,
Governor of New Hampshire, together with In-
structions relating particularly to the Acts of Trade
and Navigation. St. James's. 28th March, 1728.
[C.O. 5, 916. pp. 62-165.]
March 21. 123. Order of King in Council. Referring to Committee
st. James's, draughts of Governor Burnet's Instructions. Signed, Edward
Southwell. Endorsed, Reed. 29th, Read 30th April, 1728.
I%pp. [C.O. 5, 870. ff. 61, 61u., 62u.]
March 21. 124. Order of King in Council. Approving report of 7th
st. James's. March, and restoring Samuel Barwick to the Council of
Barbados. Signed, Edward Southwell. Endorsed, Reed.,
Read 12th April, 1728. 2J pp. [C.O. 28, 19. ff. 176-177i;.]
March 21. 125. Mr. Meure to [? Mr. Delafaye]. Encloses application
from Lt. General Mathew for H.M. leave of absence for six
months etc. Concludes : Mr. Mathew writes that the sale
of the French lands of St. Christophers is just now compleated.
Signed, Abraham Meure, of Rose Street in Soho. 2 pp. [C.O.
152, 43. ff. 27, 27v.]
March 21 . 1 26. H.M. Warrant granting licence of absence to Thomas
st. James's. Windham, Register of Chancery and Patents in Jamaica, and
to exercise his office by deputy, " he having humbly repre-
sented to us, that being employed in Our service at home,
he cannot without prejudice thereto, as well as to his own
private affairs, attend the said office in person " etc. Cf.
29th Feb., 1728. Countersigned, Holies Newcastle. [C.O.
324, 36. pp. 44, 45 ; and 324, 50. pp. 3, 4.]
March 23. 127. Governor the Earl of Londonderry to the Council of
Trade and Plantations. I take ye liberty to acquaint your
Lordships that Collo. Gamble one of the Counsell of Antegoa
is dead, and that there is now two vacancys, by which means
both Major Thomas and Mr. Carlile might be brought into the
Counsell there, if it meets with your Lordships, and the rest
of the Lords approbation, etc. Signed, Londonderry. Endorsed,
Reed., Read 26th March, 1728. Holograph. 1 p. [C.O. 152,
16. ff. 188, 189t;.]
March 25. 128. Lt. General Mathew to the Council of Trade and
st. Plantations. Transmits act of Antego, for encr easing the
3ra ' salary of the present Agent etc. Signed, William Mathew.
Endorsed, Reed. 27th May, 1728, Read 28th March, 1729.
1 p. [C.O. 152, 17. ff. 5, Qv.]
AMERICA AND WEST INDIES.
71
1728.
March 25. 1 29. Petty expences of the Board of Trade from Christmas,
1727 to Lady day, 1728. 6 pp. [C.O. 388, 79. Nos. 18-21.]
[? March 130. Six Lords Proprietors of Carolina to the Committee
25 ?] of the Privy Council for the Irish bills and affairs of Carolina.
Enclose following estimate as directed March 19 (v. A.P.C.
III. p. 174). Continue : For want of a proper Register they
cannot offer it as an exact account of their arrears, judging
upon a strict enquiry much more will be found due to them.
They therefore propose that an additional sum of 5000 be paid
to them in quittance of such arrears etc. as set out, A.P.C. III.
p. 176. Pray that a time may be fixed for the execution of the
surrender and payment of the mony in order to prevent the
great damage which a long suspence may occasion to the
inhabitants and the Province in general as well as to Memorialists
in particular, who would be ready and willing to close with some
of the proposals which have been made to them for the better
setling the Province, which they would not presume to engage
in till H.M. Royal pleasure is known. Signed, Beaufort,
Craven, Ja. Bertie, Hen. Bertie, J. Colleton, Arch. Hutcheson.
Annexed,
130. i. Estimate of arrears due to the Proprietors of North
and South Carolina. The insurrection in South
Carolina which began about 1718 hath not only
interrupted all manner of correspondence between
the Proptrs. and that province ever since, but also
had a considerable influence upon North Carolina ;
and the Surveyors General having neglected their
duty and made no return as they ought to have
done, the Proptrs. have no rent roll and conse-
quently are not able to give a full account of their
arrears due to them, for which reason they begin
their demands only from 1719 inclusive being 9
years arrears which may be computed for both
Provinces at least at 800 pr. annum free of all
charges in the whole amounting to 7,200. Fines
set and collected in Governor Nicholson's time which
belong of right to the Proptrs., and they are
informed are now or lately were in the hands of Messrs.
Godin and Consiliere of S. Carolina, 500. The
tenths upon mines proposed to be wrought of which
a sample of the oare was sent over, they value at
1000. The tenths reserved upon the whale fishery
in North Carolina granted four years ago which
according to the account received must have been
considerable, valued for the 4 years at 800. N.B.
There have been no accounts setled between the
Proptrs. and their Receivers for above 10 years
before 1719 etc. It is judged that if those accounts
72 COLONIAL PAPERS.
1728.
were regularly adjusted, there would be at least
6000 more due to the Proprietors etc. About 10.000
sterling per annum is raised in South Carolina by
dutys upon land negroes and other commoditys
appropriated for defraying the expence of the
Government which does not regularly amount to half
that sum, so that if it were duly collected, and apply'd
it would not only supply what is necessary for the
support of the Government but also afford an overplus
for the general improvement of the Province. Account
of claims upon the Proprietors : To the Crown for
the quit-rent reserved by the Charter, about 300 ;
To the Secretary for his arrears and disbursements,
1039 7*. Id. ; To the Clerks, 165 ; To Sollicitors,
Attorneys, Agents etc. for 9 years, 620 ; To Judge
Trot, salary for two years, 200 ; To Mr. Craven,
money advanced for the public service, 200 ; To
ditto, a present ordered by the Proptrs. upon his
not returning to the Government in consideration of
his good services as Governor of S. Carolina in
defending the Province and repulsing the Indians,
1000 ; To Mr. Johnson for arrears of salary after
the people refused to pay their quit rents, 400 ;
To house rent where an office was kept, 400 ; To
extraordinary charges and gratifications, 500.
Total, 4824 7*. Id. Signed as preceding. [C.O. 5,
290. pp. 267-272.]
March 27. 131. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. In obedience to H.M. commands (15th March),
we have reconsidered our Representation (27th Feb.) etc.,
and take leave to inclose the same, in order to its being laid
before H.M. Autograph signatures. I p. Enclosed,
131. i. Same to the King. Representation upon the Duke
of Montagu's petition for a grant of Tobago. In same
words as 27th Feb., but with the following passage
inserted : Were this Island effectually settled, the
Revenues of the Crown would be increased by the
importation of the product thereof to Great Britain ;
the duty paid upon the importation of sugars from
Barbados, amounts to abt. 25,000 p. annum, of
which 10,000 belongs to your Majesty's Civil List
Revenue, and this Island being as large if not larger
than Barbados, and capable of the same produce
with Barbados, it is not to be doubted but that in a
few years, the product of Tobago must yeild a very
considerable revenue to your Majesty ; the duty of
4| p. cent, when this Island is settled, will likewise
be a considerable addition to your Majesty's Revenue.
AMERICA AND WEST INDIES. 73
1728.
The French having greater quantities of fresh sugar
land than the English ; which produce with little
or no charge of manure, and giving greater incourage-
ment to all their Plantations in America, particularly
by a late edict allowing their planters to carry their
sugars directly to foreign markets, they are able to
undersell Great Britain in all parts of Europe, for
which reason all proper methods should be taken
to put your Majtys. subjects upon a more equall
footing with the French in this particular, and it is
not to be doubted but the planting of sugar canes on
the fresh lands in Tobago, will very much contribute
to this desirable end. The French are already very
powerfull in their sugar Colonies and are daily
endeavouring to encrease them by obliging every ship
that goes to their Islands, to carry thither a certain
number of family's, which will make it the more
necessary for your Majesty's service, that all possible
encouragement should be given for the settling and
planting of Tobago, which will be an additional
strength to your Majesty's Colonies in those parts. And
altho' the inhabitants of your Majesty's Sugar Islands
may apprehend that it is not for their particular advan-
tage, that Tobago should be planted, and have formerly
oppos'd it, least this new Plantation should reduce
the price of sugars, yet when it shall be duly considered
how necessary it is that your Majesty's subjects
should go to foreign markets upon equal terms with
their neighbours, who as has been already observ'd,
do greatly undersell us : it will not be thought
reasonable that the interest of the sugar Plantations
should stand in competition with that of Great Britain.
The settling of this Island will increase the exportation
of the product and manufactures of Great Britain
and the importation of the product of that Island
to Great Britain, as well as the re-exportation of it
from hence to foreign countrys, will necessaryly
encrease the number of British ships and seamen,
to the great benefit of Trade and Navigation of this
Kingdom. The situation of Tobago renders it of
very great consequence, because most ships going
from Europe, or Africa, to the Spanish West Indies,
sail in sight of, or near this Island, and it is so situate
with respect to Barbados, that should it fall into the
hands of any foreign power, they would have the
same advantage in case of a rupture, over Barbados,
to make invasions thereon, as the French from
Martinique had in the late war, against St. Christo-
phers, Nevis and Montserrat ; the windward situation
74
COLONIAL PAPERS.
1728.
of this Island with respect to Barbados being pretty
near the same with that of Martinique with respect
to your Majesty's Leeward Islands. Continues as 27th
Feb. [C.O. 29, 14. pp. 440-447 ; and (covering
letter only) 285, 2. No. 7.]
March 27. 132. H.M. Warrant restoring Samuel Barwick to his place
st. James's. i n the Council of Barbados, he having now rendered his
accompts etc. cf. 19th Jan. 1719. Countersigned, Holies
Newcastle. [C.O. 324, 36. pp. 46, 47.]
March 28. 133. Order of King in Council. Whereas H.M. in Councill
St. James's, was this day pleased to order, for the better preservation of
the woods in North America, that the Lords Commissioners
of His Treasury, should give directions to the Surveyor of
H.M. woods to reside constantly in some of H.M. Plantations
on the Continent, and to proceed without loss of time to Nova
Scotia, and lay out such tracts of land there, as shall appear
most proper for producing masts and other timber for the use
of the Royal Navy, not amounting to less than 200,000 acres ;
and that they should appoint two or more Deputys, conversant in
the use and value of timber, being ship-carpenters by profession,
with competent salarys, to assist the said Surveyor in the
execution of his duty, and whereas H.M. judges it necessary,
that the Governors of all the Plantations on the Continent of
North America, should be aiding and assisting to the said
Surveyor and his Deputys, [He] is hereby pleased to order,
that the Lords Commissioners for Trade and Plantations do
forthwith prepare a draught of Instructions, proper to be
sent to the said Governors for that purpose, and present the
same to His Majesty at this Board for his royall approbation.
Signed, Edward Southwell. Endorsed, Reed. 1st, Read 2nd
April, 1728. If pp. [C.O. 323, 8. No. 87.]
March 28. 134. Order of King in Council. Described in preceding.
st. James's. Signed, Edward Southwell. Endorsed, Reed. 15th Aug., Read
20th Nov., 1728. Copy. 2-| pp. [C.O. 323, 8. No. 97,
pp. 1-3.]
March 28. 135. Order of King in Council. Approving draughts of
st. James's. Instructions for Governor Burnet. Signed, Edward Southwell.
Endorsed, Reed. 29th, Read 30th April, 1728. 2 pp. [C.O.
5, 870. ff. 63, 63u., 64u. ; and 5, 194. /. 138 a, b.]
March 28. 136. Copy of above Instructions. [C.O. 5, 194. ff. 139-
St. James's. 277.]
[Mar. 28.] 137. Copy of Governor Burnet's instructions relating to
his salary. 2} pp. [C.O. 5, 10. Nos. 20 and 185.]
AMERICA AND WEST INDIES.
75
1728.
March 29.
Whitehall.
March 29.
Whitehall.
138. Council of Trade and Plantations to the Lords Com-
missioners of the Treasury. Enclose accounts to Lady day
of Office incidental charges and request payment thereof and
of officers' salaries. Account annexed. [C.O. 389, 37. pp.
288, 289.]
139. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following, in reply to 16th Nov., 1724,
q.v. Autograph signatures. I p. Enclosed,
139. i. Same to the King. Quote Governor Hart's reply as to
the runaway negroes of Mr. Garret of Guadeloupe
etc. Represent that Mr. Garret has not so much
reason to complain, considering that he may have
redress, by due course of law, for any wrong sustained.
But if the French Governor of Marygalante will
make restitution to Mr. Molineux, of those negroes
which have been unjustly detain'd from him, we
would likewise humbly propose that your Majty's
Governor of the Leeward Islands may be directed
to restore to Mr. Garret so many negroes as he can
prove a title to. [C.O. 152, 40. Nos. 23, 23.i ; and
153, 14. pp. 317-320.]
March 30. 140. Mr. Popple to Mr. Fane. Encloses, for his opinion
Whitehall, in point of law, two Acts of Barbados (i) for laying a duty
upon wines etc., and (ii) to prevent the carrying off of negro
slaves etc. ; and two bills passed by the Assembly, 1727 (i)
to ascertain the elections, powers and proceedings of church-wardens
etc., and (ii) to exclude members of the Assembly from certain
offices etc. [C.O. 29, 14. pp. 448, 449.]
March 30. 141. H.M. license of absence for Lt. General Mathew for
st. James's, six months upon his urgent occasions. Countersigned, Holies
Newcastle. [C.O. 324, 36. p. 54 ; and 324, 50. pp. 37, 38.]
April 3. 142. Lord Craven to the Duke of Newcastle. I am forc'd
(now the gout has taken possession of me) to inform you by
this letter etc. that as I and the rest of the Proprietors have
agreed to part with our interest in Carolina, upon such terms,
as H.M. has been pleas'd to accept, and such as we thought
most conducive to the benefit of the publick in general, and
the interest of that Province in particular ; so we continue
our hearty desires, and shall endeavour, yt. that Colony may
flourish, and be of most benefit to the Kingdom of Great
Britain ; In order to this we earnestly desire that your Grace
will be pleas'd to recommend Col. Horsey to H.M. to be the
Governour, who in our opinion is a person the most proper
76
COLONIAL PAPERS.
1728.
and fit for the execution of that trust, and to settle and quiet
the troubles, and extream great difficulties and disorders that
the Colony is now under ; He does not want to make a fortune
there ; nor will he go with any such view ; and we are confident
by the information we have receiv'd from thence, he will be
the most acceptable person to the inhabitants H.M. can send ;
We each of us design to take up such tracts of land, and upon
such terms as H.M. shall be pleas'd to grant 'em to us ; so
yt. each of us may be as serviceable as we can in the setling
and peopling of the country. But we can't concern ourselves,
if Mr. Johnson (who was our former Governour) is sent to
command there, of whose conduct and disability we have had
such wofull experience ; I therefore once more intreat your
Grace to use your interest in Col. Horsey's favour, who has
been so very instrumental in procuring this surrender, and is
the only person we know, yt. is capable to settle the quiet
and repose of that Colony. Signed, Craven. 3| pp. [C.O.
5, 387. No. 79.]
April 4. 143. Commodore St. Lo to Mr. Popple. Encloses following.
London. Signed, John St. Lo. Endorsed, Reed., Read 5th April, 1728.
Addressed. \ p. Enclosed,
143. i. Remarks on the Fishery of Placentia. If the houses
and beaches belonging thereto were restored to the
fishermen and planters, who have been obliged to
leave, it would mean an increase of fish caught
resulting in an increase of 30,000 to H.M. Revenue
etc. 1 p. [C.O. 194, 8. ff. 167, 168, 170i;.]
April 4. 144. Order of King in Council. Whereas H.M. was pleased
St. James's, by his Order in Council of 15th June, 1727, to declare his royal
pleasure, that in all the prayers, litanies and collects for the
Royall Family, instead of the words [H.R.H. George Prince
of Wales, the Princess and their issue and all the Royal Family]
there should be inserted [Our Gracious Queen Caroline, the
Royal issue, and the rest of the Royal Family], orders that the
Lords Commissioners for Trade and Plantations prepare
draughts of Instructions signifying the same proper to be sent
to all the Governors of H.M. Plantations in America. Signed,
Ja. Vernon. Endorsed, Reed., Read 10th April, 1728. l^rdpp.
Enclosed,
144. i. Order of King in Council, 15 June, 1727, referred to
in preceding. Printed. 1 p. [C.O. 323, 8. Nos.
88, 88. i.]
April 5. 145. List of Carolina papers. Endorsed, Reed, from Mr.
Wrag. Read 5th April, 1728. 1 p. [C.O. 5, 360. ff. 32,
AMERICA AND WEST INDIES. 77
1728.
[April 5.] 146. Accounts of the Treasurer of S. Carolina with report
of the Committee of Public accounts thereon. Nov. 23, 1725.
Signed, James Kinloch, Benja. De la Conseillere. Endorsed,
Reed, (from Mr. Wrag) 6th July, Read 28th Sept., 1727.
8f pp. [C.O. 5, 360. ff. 34v.-38v., 40u.]
[April 5.] 147. Petition of inhabitants of the parishes of St. Paul
and St. Bartholomew to the Assembly of S. Carolina. Welcome
the summoning of Assembly,in accordance with their repeated
requests, and pray that the Currency may be regulated, the
Habeas Corpus Act observed and other abuses remedied etc.
87 signatures. Endorsed, Reed, (from Mr. Wrag), Read 5th
April, 1728. Copy. 4& pp. [C.O. 5, 360. ff. 41, 42, 43,
44, 45, 4>5v.]
[April 5.1 148. Similar petition from inhabitants of the parish of
St. Thomas and St. Dennis. 46 signatures. Endorsed as
preceding. Copy. 4| pp. [C.O. 5, 360. ff. 46, 47, 48, 49,
50, 50v.]
[April 5.] 149. Similar petition from inhabitants of Christ Church
parish. 39 signatures. Endorsed as preceding. Copy. 4 pp.
[C.O. 5, 360. ff. 5I-52v.]
[April 5.] 1 50. Memorial of Landgrave Thomas Smith to the Assembly
of S. Carolina. Complains that on llth June, 1727, he was
arrested and committed on a charge of high treason in
endeavouring to raise an insurrection, and in spite of his
application for a writ of Habeas corpus, remains in prison
without trial, owing to the action of Thomas Hepworth the
late Chief Justice. Petitioner is one of the oldest setlers, and
has spent 25 years in the Council and Assembly serving the
public at his own charge etc. Prays that he may be declared
within the benefit of the Habeas Corpus Act etc. Signed,
Thomas Smith. Endorsed as preceding. Copy. 2^ pp.
[C.O. 5, 360. ff. 53, 54, 55, 55v.]
[April 5.] 1 51 . Petition of the inhabitants of the parish of St. James
Santee to the Assembly of S. Carolina. Petition for the
regulation of the currency and other abuses. Ask that the
right of H.M. subjects to petition the Governor and Council
to call the General Assembly may be asserted, and that
those who denounce them as factious and seditious and imprison
them for doing so are betrayers of the rights and liberties of
the subjects of England. 30 signatures. Same endorsement.
Copy. 31 pp. [C.O. 5, 360. ff. 56-57u.]
[April 5.1 1 52. Similar petition from inhabitants of parish of St.
Johns. 52 signatures. Same endorsement. Copy. 4 pp.
[C.O. 5, 360. ff. 58-59i;.]
78
COLONIAL PAPERS.
1728.
[April 5.]
April 5.
Whitehall.
April 5.
Whitehall.
April 5.
Whitehall.
153. Minutes of Council and Assembly of S. Carolina,
Oct. 31, 1727, concerning the Proclamation of King George II.
Same endorsement. Copy. 2 pp. [C.O. 5, 360. ff. 60, 61,
610.]
1 54. Duke of Newcastle to the Council of Trade and
Plantations. H.M. having been pleased to continue Henry
Worsley Esq. in the employment of Governor of Barbados
in America, you are to prepare draughts of a Commission and
Instructions for him etc. Signed, Holies Newcastle. Endorsed,
Reed. 5th, Read 9th April, 1728. \ p. [C.O. 28, 19. ff. 174,
1750.]
1 55. Council of Trade and Plantations to the King. Refer
to representation of 16th March, 1727, proposing recall of
Lt. Govr. Gledhill. Continue : Since this, we have had
under our consideration several letters from Capt. St. Lo etc.,
and discoursed with him since his return home. We find that
Col. Gledhill still continues to interrupt and disturb the Fishery
at Placentia, by obliging the fishermen to pay him certain
sums of money for the Beach they possess, in direct opposition
to the Act for encouraging the trade to Newfoundland, whereby
all your Majesty's subjects have liberty freely to trade and
fish at Newfoundland and the parts adjacent, to go ashore, to
cure fish and make oyl, cut wood, and do whatever else may
be useful in the fishing trade, without any hindrance etc. This
proceeding of Col. Gledhill is also a manifest breach of your
Majesty's Instructions, whereby neither he nor any of the
Garrison of Placentia are to concern themselves in the Fishery
etc. As we have receiv'd several complaints of this nature
against Col. Gledhill, to which he has never yet given us any
satisfactory answer, and as we find that he still continues to
disturb the Fishery notwithstanding the aforesaid Act of
Parliament and your Majesty's Instructions, we take leave
to represent our humble opinion, that it will be for your Majesty's
service that he be immediately remov'd from his imployment.
[C.O. 195, 7. pp. 152-154.]
156. Council of Trade and Plantations to the King. In
obedience to Order of 28th March, enclose following etc.
Annexed,
156. i. Draught of Additional Instruction to the Governors
of New York, New Jersey, New Hampshire, the
Massachusets Bay, Rhode Island and Connecticut, to
be aiding and assisting to the Surveyor General of
the Woods or his Deputies etc. in preventing the
destruction of H.M. woods, or in punishing such as
shall be found offending therein etc. Printed, Conn.
Hist, Soc. Coll, IV. 118. [C.O. 324, 11. pp. 97-99.]
AMERICA AND WEST INDIES.
79
1728.
April 5.
Whitehall.
1 57. Mr. Popple to Mr. Fane. Encloses, for his opinion
thereon in point of law, 3 Acts of St. Kitts, 1727. (i) for
regulating vestries and erecting into parishes those parts of this
island formerly belonging to the French, and repealing two former
acts for regulating vestries and parishes etc. (ii) to enable the
several parts of this island formerly belonging to the French to
choose and send Representatives to serve in the Assemblies, to
declare and ascertain the number of Representatives for the whole
island, what number each parish shall elect, and the several quali-
fications of the electors and candidates, to secure the freedom of
elections, and for repealing the Act for preserving the freedom
of elections, 1711, etc. (iii) An Act repealing an Act for settling
2000 per annum upon Governor Hart etc., and for appropriating
the monys payable thereby to his said Excellency from 25th June,
1727, and for declaring in what specie the duty commonly called
the three shilling duty shall be hereafter paid. [C.O. 153, 14.
pp. 321-323.]
April 5.
Whitehall.
1 58. Same to Edward Warner. My Lords Commissioners
observing that you have been some time absent from the Council
of St. Kitts, desire you will let them know on Tuesday morning,
whether and when you will return etc. Similar letter to Archi-
bald Cockran and John Yeamans, Councillors of Antigua.
[C.O. 153, 14. p. 324.]
[April 6.] 1 59. (a) Proclamation of King George II. Nevis, Sept.
26, 1727. Signed, by the Lt. Governor, Council, Assembly and
inhabitants. 67 signatures. Endorsed, Reed. 6th April (from
Mr. Jno. Sharpe), Read 20th June, 1728. 1 p.
(b) Christenings and burials in the parish of S. Paul, Nevis,
Michaelmas, 1726-1727. Totals : Baptisms, 8 ; burials, 12.
Signed, Robert Robertson, Minister. 1 p. Endorsed, Reed.
6th April (from Mr. Jno. Sharpe). 1 p.
(c) Account of negroes imported, Nevis, 25th March, 1727.
One shipload of 35, of which 12 were sold and the rest exported.
Average price 27 35. Qd. Endorsed as preceding. \ p.
(d) Annual public charges of Nevis. Total : 360. Signed,
William Mathew. 1 p.
(e) Account of licences issued in Nevis (8). Oct. 10, 1727.
Signed, Edwd. Bridgwater, Treasr. 1 p.
(/) Account of arrears received due to the public. Signed
and dated as preceding. 1 p.
(g) Account of tonnage of 3d. upon vessels (7). Total :
6 Is. \Q\d. Signed and dated as preceding. 1 p.
(h) Account of disbursements since June 1st, 1727. Total :
234 8*. Ofd. Same date and signature. 1 p.
(i) Receipts from public levy, June 1st- Oct. 10th, 1727.
Total : 163 105. Q\d. Same signature and date. 1 p.
80
COLONIAL PAPERS.
1728.
Total .'102 13*. 9f
April 9.
April 9.
Barbados.
(j) Receipts from public levy in 1725.
Same signature and date. 1 p.
(k) Account of duty upon liquors, 1st June Oct. 10th, 1727.
Total : 62 5s. Wd. Same date and signature, f p.
(I) Account of charges on account of the forts. Total :
102 Is. 3d. Same date and signature. \^pp.
(m) Account of charges for the prison and stocks. Total :
6 17*. 9d. Same date and signature. | p.
(n) Account of military salaries (montrosses etc.), 25th
June 10th Oct., 1727. " Total : 100. Same date and
signature. 1 p.
(o) State of Publick of Nevis its accompts, 1st June 10th
Oct., 1727. Totals .-Expenditure, 517 17*. Od. ; Receipts,
487 6*. 8d. Same date and signature. Endorsed, Reed. 6th
April, 1728 (from Mr. Sharpe). 2 pp.
(p) Account of Ordnance and stores in the magazine and
forts at Nevis, 3rd Oct., 1727. Signed, John Richardson,
Gunner, W. Hopkey, Capt. and Gunner. Endorsed as preceding.
1 large p. [C.O. 152, 16. ff. 340-343, 344, 345, 346, 347,
348, 349, 350, 351-352, 353, 854v.-356u.]
160. Edward Warner to the Council of Trade and
Plantations. Reply to April 5. After residing at Antigua
13 or 14 years was obliged (with Governor Hart's licence for
a year) to come over for the mending a shattered constitution
and for the education of a young family, as well as to settle
some affairs, which absolutely required his personal attendance.
Hopes that fourteen months or so will complete his business
and health and enable him to return. Asks the Board to
intercede for H.M. licence of leave for two years longer etc.
Signed, Edward Warner. Endorsed, Reed., Read 9th April,
1728. 2 pp. [C.O. 152, 16. ff. 312, 313, 313t;.]
1 61 . Governor Worsley to the Duke of Newcastle. Refers
to letter of 13th Jan. Continues : Not having received H.M.
commands upon their past conduct, I again prorogued the
Assembly to the 30th instant, and do design to prorogue them
further. In June next they must of course be dissolved, in
that there may be sufficient time for the election of a new
Assembly, and afterwards for their passing a new Excise bill
before the present Act expires, which will be the beginning of
August next. As I had the honour to advise your Grace that
I had ordered the several officers to lay a list of their fees before
me in Council, I have now transmitted the greatest part of
them in the Minutes of Council, which accompany this. After
I had ordered them to be read in Council, I appointed a Com-
mittee of the whole Council, or any five of them to inspect
and examine into them, and to have recourse to all papers and
books in the several offices, and to summon the said officers
before them to examine into the premisses, and to lay the
AMERICA AND WEST INDIES.
81
1728.
April 9.
Barbados.
April 10.
Whitehall.
April 11.
Whitehall.
list of fees now hanging up in the said offices before them and
that copys of the same should be returned to me together with
the said Committees proceeding thereon. Collo. Montgomery
who arrived here the 23rd of January, departed the 23rd past
for his Government, having been forced by bad weather off
the coast of New York, the man of war was obliged to bear
away for this Island in order to be refitted. Thomas Maxwell
Esqr. one of H.M. Council lately dyed here. Signed, Henry
Worsley. Endorsed, Rd. June 4th. 3 pp. [C.O. 28, 44.
No. 119.]
162. Same to the Council of Trade and Plantations.
Duplicate of preceding. Concludes : 'Tis but lately I had
the honour of receiving your Lordps' letter of 31st Aug. in
relation to the Minutes and Acts not being abstracted in the
margins. I have ordered the officers to take particular care to do
it for the future. P.S. This goes by the Maxwell galley etc.
Signed, Henry Worsley. Endorsed, Reed. 3rd, Read 19th
June, 1728. 3 pp. [C.O. 28, 19. ff. 190-191i;.]
163. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before H.M. Auto-
graph signatures. 1 p. Enclosed,
163. i. Same to the King. Reply to 31st Jan., 1727, upon
address of Assembly of St. Kitts relating to Lt. General
Mathew's accounting for money appropriated for
erecting a fortification. Continue : We wrote to
Lt. Gen. Mathew etc. and have now received his answer
to the said complaint, as also an Address from the
present Assembly to him, wherein they take notice
" that all his receipts and disbursements on the
aforementioned acct. were kept with a more perfect
exactness than it was reasonable to expect, since
every single article was proved to be paid and expended
for the publick use." And since by this it appears
that the cause of that Assembly's complaint is intirely
removed, we will not trouble your Majesty with a
long state of what was offered on each side, but only
beg leave to annex a copy of the last mentioned
Address. Autograph signatures. 2| pp.
163. ii. Copy of Address of Assembly of St. Kitts. v. Jan.
31, 1727. [C.O. 239, 1. Nos. 38, 38 i, ii ; and
(without encl. ii) 153, 14. pp. 326, 327.]
164. Mr. Popple to William Gerrish. My Lords Commis-
sioners observing that you have been some time absent from
the Council of Montserrat etc., desire you will let them know,
by the bearer, or before 10 of the clock to-morrow morning,
whether you intend to return ; and if you do intend it, how
soon. [C.O. 153, 14. p. 327.]
C.P. XXXVI 6
82 COLONIAL PAPERS.
1728.
April 11. 165. Order of King in Council. Referring following to the
St. James's. Council of Trade and Plantations for their immediate con-
sideration and report. Signed, Ja. Vernon. Endorsed, Reed.
Read 16th April, 1728. 1| pp. Enclosed,
165. i. Petition of Governor Hart to the King. Prays for
repeal of an Act of St. Christophers for repealing an
Act for settling 2000 upon Governor Hart etc., which
received the Royal assent. Lt. General Mathew
acted not only contrary to his Instructions in passing
such a law without a clause to suspend its execution
until H.M. pleasure should be known, but also in
contempt of H.M. authority and in derogation of
H.M. prerogative. This Act was brought into the
Assembly, read and past there, brought into the
Councill read and past there, and assented to by
Lt. Genl. Mathew in less than three hours of one
day, 19th Dec., in breach of the constitution of
St. Christophers and orders of Assembly etc. 10 pp.
[C.O. 152, 16. ff. 314, 315-319i;., 321r;.]
April 12. 166. Mr. Burchett to Mr. Popple. My Lords Commissioners
A 0ffice lty of the Admiralt y having appointed three of H.M. ships for
this year's service at Newfoundland, under the command of
Lord Vere Beauclerke, who goes to St. Johns in the Kinsale,
with the Squirrel ; as Capt. Henry Reddish, in the Experiment,
is design'd for Placentia, and Canso, etc. requests Instructions
and Heads of Enquiry as usual. Signed, J. Burchett.
Endorsed, Reed., Read 16th April, 1728. Addressed, f p.
[C.O. 194, 8. ff. 171, 172u.]
April 12. 167. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before H.M. Annexed,
167. i. Same to the King. Enclose Instructions for Governor
Lord Londonderry. Refer to a clause relating to the
position of the Lt. General of the Leeward Islands in
the several Councils. This passage together with the
clause referred to was cancelled. Have inserted names
of new Councillors, (a) Thomas Butler and Daniel
Smith to supply vacancies in Nevis (b) James Milliken
in place of Pym Burt, for St. Kitts, the latter being
omitted as being already of the Council of Nevis,
(c) John Roberts, William Lyddel and John Bramley
for vacancies in Montserrat, (d) George Thomas and
Francis Carlisle to supply vacancies in Antigua. The
33rd Article, relating to an additional salary, is made
conformable to the Order in Council, 15th Feb. last.
Conclude : We have made no other alteration or
addition except what your Majesty has approved
in Instructions to other Governors etc., except the
AMERICA AND WEST INDIES.
83
1728.
April 12.
Whitehall.
leaving out the name of Sherrif in the llth and 42nd
Articles, the duty of that place being done by the
Provost Marshal and his Deputies. Annexed,
167. ii. H.M. Instructions for Governor Lord Londonderry,
as described in preceding. [C.0. 153, 14. pp. 328-400.]
168. Council of Trade and Plantations to Governor Worsley.
Acknowledge letters of 16th and 26th Oct., 21st Nov., 4th Dec.
and 13th Jan. last. Continue : In your letter of 16th Oct.
you take notice that you had receiv'd no order for altering the
form of prayers for the Royal Family, but as we have now
receiv'd directions to prepare a proper Instruction for that
purpose, you will shortly receive the same. We take notice
of another paragraph in your said letter, that the Assembly
of Barbados have assum'd to themselves, a power not only of
adjourning, but also of adjourning from place to place ; As we
think this a power to which they have no manner of title, we
shall report this case to H.M., that you may receive a proper
Instruction for preventing the same for the future. We have
consider'd the Minutes of the Assembly of the 5th Oct., to
which you refer'd us, for a motion made by Gelasius McMahone
Esq. and seconded by Thomas Maycoek Esq. for the Assembly
to appoint a Committee to examine into the reasons why the
publick Court house and goal, for the building of which an
Act had been passed for raising a levy two years ago, was not
yet begun ; upon this occasion, altho' we think it would have
been decent for the Assembly to have apply'd to you for the
proper orders in this affair, yet we are of opinion that the
Assembly have an undoubted right to enquire into the execution
of those laws whereby money is raised for public uses. We
observe by your letter of 4th Dec., that the Assembly have
addressed you for an accot. of Patent Officers' fees, as also
for a copy of the report which the Judges and Attorney General
made upon a complaint against the Deputy Provost Marshal,
and that you have order' d the several officers to lay before
you in Council,, a list of their respective fees ; tho' the Members
of the Assembly, as private men, may have recourse to the
several offices for an account of the said fees, yet we think
that regard ought to be paid to Assembly's Address, and an
acct. of ye said fees laid before them, more especially since
if any complaint of exaction should want redress, no law can
be brot. into the Assembly for that purpose, without ye
assistance of such lists, and other proper papers, or records,
to shew what fees are reasonable, and legal, and what not.
We have sent to Mr. Fane the Acts and bills you enclosed etc.
(v. 30th March). We shall lay before H.M. the bill to ascertain
the elections of churchwardens etc., that you may know H.M.
pleasure concerning the same. We take this opportunity of
congratulating you upon your being reappointed Governor
COLONIAL PAPERS.
1728.
April 12.
Whitehall.
April 17.
April 17.
Whitehall.
of Barbados. P.S. April 17th. We can't omit this oppor-
tunity, of acquainting you, with an account we have had from
Barbados, by which it appears that the French at St. Vincents
do raise and export great quantities of corn, and that Barbados
has of late been supply'd with several sloop-loads thereof.
We are likewise informed that a French man of war was
expected from Martinique, to seize what English sloops should
be found at St. Vincents, or to know by what authority they
cut timber there. As we have received no information of this
nature from you, we would hope the above accounts are not
true, nevertheless we desire, you will send us a state of this
matter by the first conveyance. [C.O. 29, 14. pp. 450-453.]
169. Council of Trade and Plantations to the King. In
obedience to Order of 4th April, enclose following. Annexed,
169. i. Draught of Additional Instructions to Governors of
Plantations, relating to alterations in the Prayers for
the Royal Family. Printed, Penn. Archives, 1st
Ser. I, 228. [C.O. 324, 11. pp. 100-102.]
170. Mr. Fane to the Council of Trade and Plantations.
Report upon Act of St. Christophers to repeal Act settling 2000
upon Governor Hart etc. It is plainly passed in derogation to
the prerogative of the Crown, it being indisputably clear that
when the Crown has confirmed a law passed in the Plantation
the Assembly there have no further power over that law but
are obliged to see the same carried into due execution until
H.M. shall be pleased to allow and permit a repealer thereof
whereas in this Act the Legislature of St. Christophers have
assumed an absolute power over the prerogative by repealing
in positive and express termes the Act of the Crown without
any clause being inserted therein to suspend the execution
thereof until H.M. pleasure should be known concerning the
same, and without which clause I conceive the Commander
in Chief was not warranted in passing it etc. Concludes :
Upon the whole, I am humbly of opinion that this Act is
derogatory to the Prerogative of the Crown injurious to the
property of the subject against law and highly unreasonable
in its self and as such that H.M. may be very properly advised
to repeal the same. Signed, Fran. Fane. Endorsed, Reed.,
Read 17th April, 1728. 1 p. [C.O. 152, 16. ff. 322, 8230.]
1 71 . Council of Trade and Plantations to the Duke of
Newcastle. Enclose following, to be laid before the King
Prefixed,
171. i. Same to the King. Enclose following. We are
preparing the necessary Instructions etc.
171. ii. Draught of Commission for Henry Worsley to be
Governor of Barbados. In the usual terms. [C.O.
29, 15. pp. 1-21.]
AMERICA AND WEST INDIES.
85
1728.
April 17.
Whitehall.
April 17.
Whitehall.
April
17-27.
Williams-
burgh.
April 18.
St. James's.
April 18.
St. James's.
172. Same to the King. In reply to April llth, we have
considered Col. Hart's petition and consulted Mr. Fane upon
the Act of St. Xtophers complained of etc. Conclude :
We conceive the said Act to be derogatory to the Prerogative
of the Crown, injurious to the property of the subject, against
law, and highly unreasonable in itself, and in direct opposition
to your Majesty's Royal Instructions whereby the Govr. is
directed not to give his consent to any Act that shall repeal
any other that has had the Royal assent, without having first
transmitted the draught thereof for your Majesty's appro-
bation, unless he take care there be a clause inserted therein,
suspending the execution thereof until your Majesty shall
please to confirm the same. Propose H.M. disallowance of
said Act. [C.O. 153, 14. pp. 401, 402.]
173. Mr. Popple to Mr. Burchett. Encloses Heads of
Enquiry for the Commodore of the Newfoundland Convoy.
Same as those for 1725. v. C.S.P. April 21st, 1725. [C.O.
195, 7. pp. 154, 155.]
174. (a) Proclamation by Lt. Gov. Gooch prohibiting the
entertainment of sailors belonging to H.M. ships of war in
Virginia, and preventing the desertion of such sailors. April
17,1728. Signed, William Gooch. Copy. 1| pp.
(b) Proclamation prohibiting the exportation of grain, flower
and meal, owing to scarcity etc. April 27th, 1728. Signed,
William Gooch. Copy. 1 p.
(c) Proclamation appointing a day of fasting and humiliation
on 17th May, and requiring Ministers to preach sermons suitable
to the occasion ; the occasion being that " It hath pleased
Almighty God in a very surprizing and unusual manner to
overspread this Dominion with vast multitudes of catter-
pillars which threaten destruction to the fruits of the earth
and which we have just cause to fear are brought upon us as
a punishment for our many sins and impiety and forasmuch
as a sincere and unfeigned repentance with a speedy application
to the Throne of Grace will be the surest means to avert the
impending judgment," etc. Signed, William Gooch. Copy.
| p. [C.O. 5, 1344. No. 5.]
175. Order of King in Council. Approving Governor
W T orsley's Commission. Signed, Ja. Vernon. Endorsed, Reed.
29th, Read 30th April, 1728. 1 p. [C.O. 28, 19. ff. 178,
179i;. ; and 5, 194. /. 282a.]
176. Order of King in Council. Approving drafts of
Instructions for Governor the Earl of Londonderry and
appointing Councillors as recommended. Signed, Ja. Vernon.
Endorsed, Reed. 29th, Read 30th April, 1728. 2 pp. [C.O.
152, 16. ff. 338, 338i;., 339u. ; and 5, 194. ff. 27, 270.]
86
COLONIAL PAPERS.
[C.O. 5, 194. ff.
1728.
April 18. 177. Copy of preceding Instructions.
St. James's. 29-111.]
April 22. 178. Copy of warrant for Governor Worsley's Commission.
St. James's. [C.O. 5, 194. ff. 283-301.]
April 24. 179. Mr. Donovan to the Duke of Newcastle. Complains
Port Royal. o f Act passed this session relating to rum. As agent to the
Jamaica. Contractor for victualling the Navy, found on his arrival a
general complaint among H.M. ships for want of rum, " which
being so scarce in Admiral Hosier's time was thought to
occasion so much sickness, his being obliged several times to
quit the coast, and thereby give opportunity to the Spaniards "
to make their escape from Carthagena etc. The general price
of rum for some years past has been from fifteen pence to
2s. pr. gallon etc, " The late Contractor through the hardships
the Island impossed upon him by their monopolies and keeping
their rum from market threw up his contract at the very juncture
Admiral Hosier lay off Porto Bell which might have been
of ill consequence etc., had not the present contractors offered
themselves, and notwithstanding they had half a crown pr.
gallon, yet I have been obliged to pay from four shillings to
a crown for above 10,000 gallons, and could not get sufficient
for the Squadron at that or any other price, neither is it possible
considering the vent to the Bay, to the northward and home
that they could do it ; therefore it seems to me ridiculous they
should offer to impose any hardships on the Squadron that
protects 'em and without whom they could not be secure
of a morcell of bread " etc. Prays that an exception be made
in the Revenue bill for the rum that comes for the use of the
Squadron, " for its plain its struck at them and no other " etc.
By sending some rum from Barbados, which has answered
all the occasions of the Squadron, he has incurred the dis-
pleasure of the gentlemen here. Asks for a Privy Seal or
anything of the like nature to rid him of their malice. The
later part of the Act is entirely calculated against the Navy
and no other. Signed, Tim. Donovan. Endorsed, Rd. July
19. Addressed. Seal. " On His Majesty's Service." 1 p.
Enclosed,
179. i. Answers of Timothy Donovan to the complaints
exhibited against him and Nicholas Garland by
Alexander Henderson, Attorney General, Nov. 1727.
Relating to the Contractors' importing rum from
Barbados as above. Copy. 2 pp.
179. ii. Correspondence between Commodores Hosier and
St. Lo and Mr. Donovan relating to supplies of rum
etc. July 15th- Dec. 12th, 1727. Copies. 3 pp.
179. iii. The Weekly Jamaica Courant. April 24, 1728.
Publishing provisions of the Revenue Act. Printed.
4 pp.
AMERICA AND WEST INDIES.
87
1728.
179. iv. Duplicate of covering letter. Endorsed, R. 23rd
July.
179. v., vi. Duplicates of Nos. i, ii. [C.O. 137, 53. ff. 28,
29U.-33, 34-36, 37v.-4Iv.]
April 27. 180. Act of New Hampshire for limiting duration of
Assemblies to three years etc. Copy ; certified by Theodore
Atkinson, Secry. 2| pp. [C.O. 5, 931. No. 1C.]
April 28.
Antigua.
May 1.
Whitehall.
May 3.
Whitehall.
1 81 . Wavell Smith to the Council of Trade and Plantations.
Offers objections to the Act of St. Christophers for ascertaining
the numbers of Assemblymen etc. and repealing the Act of 1711
for preserving the freedom of elections etc. (v. Dec. 26th). (i)
It takes away from the King's Secretary and other officers
known rights and privileges, and puts them on a worse foot
than such officers were ever in their mother-country etc.
(ii) This is manifestly designed to cut off whatever influence
their posts may give them to the support of H.M. Governor
etc., and will be introductive of many more notions and schemes
of independency than are already conceived, unless by the
rejection of this bill the people are taught how vain and fruit-
less all attempts of that kind must in the end prove, (iii) The
propertys of H.M. Officers are not safe under a law, that gives
so great a latitude to people in generall, especially to the
looser part to commence and easily effect their prosecutions
against them etc. (iv) It compliments the Assembly with
the participation in the prerogative of the Crown of issuing
out writs to choose Assemblymen, which prerogative the
Crown ha*s solely exercised in these parts since they have been
under Government etc. Signed, Wavll. Smith. Endorsed,
Reed. 17th June, 1728, Read 28th March, 1729. Addressed.
2 large pp. [C.O. 152, 17. ff. 29-30*;.]
182. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, eight Acts of New York, 1727, (enumerated).
[C.O. 5, 1125. pp. 115-117.]
183. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before H.M. Annexed,
183. i. Same to the King. Enclose draught of H.M.
Instructions to Lt. Governor John Pitt. (cf. 12th
Oct. 1727.) Continues : There being two vacancies
in your Majesty's Council of the Bermuda Islands,
by the suspension of Mr. Outerbridge and Mr. Parsons
being settled in this Kingdom, we have inserted the
names of Samuel Butterfield and Leond. White
Esqrs. The 29th Article impowering Capt. Pitt to
accept of an Additional salary is made conformable
to your Majesty's directions for that purpose etc.
(14th Nov.). We have inserted the 97th Article
88
COLONIAL PAPERS.
1728.
directing an alteration to be made in the prayers,
litanies and collects for the Royal Family pursuant
to your Majesty's order in Council, 4th April. We
have made no other alteration or addition to these
draughts than what your Majesty has already
approv'd in your Instructions to those Governors
whom your Majesty has already sent to other of your
Plantations in America, except the leaving out the
name of Sherrif in the 37 and 87 Articles, the duty
of that place being done by the Provost Marshal.
183, ii. H.M. Instructions to Lt. Governor Pitt. v. preceding.
[C.O. 38, 8. pp. 67-144.]
May 3. 184. Lt. Governor Sir Richard Everard to the Council
Edenton. of Trade and Plantations. Abstract. Has proclaimed H.M.
" The utmost demonstrations of joy was shewn by all people
and the night concluded with a compleat illumination and
bonfires and drinking H.M. health " etc. The bounty on
pitch and tar being off, the Province has no trade to depend
on but its beef and pork, which is brought up by the Virginians
and driven alive there, so that their navigation is entirely lost
and the Virginians bring in neither mollosses, suger nor rum,
" wch. are the chief supports of this Province " etc. Complains
of the violent and arbitrary proceedings of the Judge of the
Admiralty. He, the Governor, has interfered on behalf of a
master of a vessel whom the Judge had caused to be hurried
violently to gaol for a tavern score of 3s. \\d. sterl. etc. Asks
for the advice and assistance of the Board in the matter of a
law made by Virginia imposing severe penalties for every
hogshead of tobacco imported from Carolina. Several hogs-
heads have been seized by the Sherrif of Nansemond. " This
is very prejudicial to H.M. revenues and an insufferable damage
to the poor No. Carolinians. ... At the same time our
tobacco exceeds the Virginia." Begs for repeal of the Act
and that one of the landings in Nansemond River may be
made free to the Carolinians to ship their tobacco etc. Set out,
N.C. Col. Rec. II. 761. Signed, Richd. Everard. Endorsed,
Reed. 3rd Oct., Read 26th Nov., 1728. 5 pp. Enclosed,
184. i. Petition of Samuel Northy to Lt. Governor Sir
R. Everard. Complaint against Edmond Porter,
Judge of the Admiralty, referred to in preceding.
Set out, N.C. Col. Rec. II. 757. Signed, Samll. Northy.
Endorsed, Reed. 3rd Oct., 1728. 4 pp. [C.O. 5,
1267. ff. 25-27, 28v.-2Qv., 3Qv., 32-33z;., 34i>. [with
abstract] ; and (abstract only) 5, 327. p. 1.]
May 4. 185. Governor Hunter to the Council of Trade and
Jamaica. Plantations. Encloses list of Acts passed this last Sessions.
Continues : The Acts with the proper remarks, the Minutes
AMERICA AND WEST INDIES.
89
1728.
May 4.
Jamaica.
May 6.
New York.
May 6.
New York.
of Council and Assembly shall be sent by the Breda which
sayls in ten days. This comes by a Bristol runner which
sayls to-morrow ; the Spanish privateers six in number let
nothing escape them. The Richmond a sloop wt. goods from
London for this place was taken off ye north-east point of
this Island about three weeks agoe, two of her crew who made
their escape have been with me. The Assembly desir'd a
recesse on account of their harvest, and they were accordingly
adjourn'd to ye second of July, when I am in hopes they will
perfect what was left unfinished. I can venture no more by
this uncertain conveyance etc. Signed, Ro. Hunter. Endorsed,
Reed. 17th, Read 18th. July, 1728. Holograph. If pp.
Enclosed,
185. i. List of Acts passed 28th March 18th April, 1728.
Endorsed, Reed. 17th July, 1728. 1-1 pp. [C.O.
137, 17. ff. 45, 45u., 46u.-47i;., 48u.]
186. Same to the Duke of Newcastle. Repeats parts of
preceding letter. Upon the death of Lt. Plowman has given
a commission to William Bashford. Asks for confirmation
etc. Signed, Ro. Hunter. Endorsed, R. July 18th. Holograph.
2 pp. Enclosed,
186. i. Duplicate of preceding enclosure. [C.O. 137, 53.
ff. 42, 420., 43u. -44u.]
187. Governor Montgomerie to the Duke of Newcastle.
Announces his arrival on 15th April, after a voyage of five
months. Asks for a Commission for Lt. Walter Butler, to
succeed Lt. Collins, deed. etc. Refers to following. Set out,
N.Y. Col. Docs. V. p. 855. Signed, J. Montgomerie. Endorsed,
R. 20th June. Holograph. 3 pp. Enclosed,
187. i. Duplicate of following. [C.O. 5, 1092. Nos. 66,
66 i.]
1 88. Same to Council of Trade and Plantations. Announces
arrival, but has been too short a while in the country to give
an account of the state of the Provinces. Refers to Mr. Burnet's
reports. Continues : The new Assembly had not met when
I arrived. Application was immediately made to me, and
the people of the best interest of the province advis'd me to
dissolve this new Assembly ; but I did not determin myself,
till I consulted with every Member of the Council singly, and
with what gentlemen of the Province were then in town :
They all unanimously and even Governour Burnet himself
advis'd me, to call a new Assembly, as the most probable way
to compose differences, and reconcile all animosities : in com-
pliance with all their advices, I dissolv'd the Assembly by
proclamation, and writs are preparing to summon a new one
to meet after harvast. Refers to Governour Burnet's account
90
COLONIAL PAPERS.
1728.
of New Jersey Acts passed in the last session etc. Set out,
N.Y. Col. Docs. V. pp. 855, 856. Signed, J. Montgomerie.
Endorsed, Reed., Read 20th June, 1728. Holograph. 3 pp.
[C.O. 5, 1054. ff. 277-278*;.]
May 7.
Whitehall,
(incorrectly
dated 1727).
189. Council of Trade and Plantations to Governor Hunter.
Acknowledge letter of 10th Feb. and congratulate him upon
his safe arrival etc. Conclude : We doubt not but we shall
soon hear that those unhappy differences which have so long
subsisted in Jamaica are determined by your wise and prudent
administration. [C.O. 138, 17. p. 241.]
May 7. 1 90. Same to Lt. Govr. Gooch. Acknowledge letter etc. of
Whitehall. 13th Dec., 12th and 15th Feb ; Continue : We desire you
will regularly continue to transmit to us accounts of all
occurrances that may happen within your Government. We
have, according to your desire, recommended Col. Randolph
etc. (v. 16th Feb.). We observe in the Journal of Council of
4th Nov. last, that the Receiver General is ordered to pay
to you out of H.M. revenue of 2*. per hogshead the sum of
300 sterl. ; upon this occasion we must take notice that
altho' by your 43rd Instruction you are permitted to issue
and dispose of publick money by warrant under your hand,
by and with the advice of the Council ; yet by your 37th
Instruction you are restrained from receiving any gift or
present from the Assembly or others on any account or in any
manner whatsoever under pain of H.M. highest displeasure,
and of being recalled from your Government. We are there-
fore at a loss to know what reasons you could have for disobeying
those directions which H.M. has been pleased to signify to
you by his Instructions ; for we don't by any means think
that the ballance of the publick revenue, being upwards of
6000 which you give to us as a reason for having accepted
of the aforesaid present, to be the least excuse. We observe
what you write etc., 12th Feb., in relation to your 119th
Instruction directing you to propose a law to be passed for
making the Virginia estates of bankrupts lyable to the satis-
faction of their English creditors. But whatever weight your
reasons against the same may have, yet we cannot think them
sufficient to excuse you from complying with your Instructions.
Col. Spots wood did formerly represent to us the advantage
that would accrue to all ships using the Virginia or Maryland
trade, if a lighthouse were erected at Cape Henry in Virginia,
but it was then consid'red that the duties to be levy'd for that
purpose would chiefly affect the trade and shipping of this
Kingdom, and the merchts. here seem'd alarm'd at the said
proposal ; we therefore desire that if you pass any act for
that purpose, you will at least take care to insert a clause
AMERICA AND WEST INDIES.
91
1728.
May 9.
Whitehall.
May 10.
Whitehall.
May 15.
Whitehall.
May 16.
Whitehall.
therein, (pursuant to your 24th Instruction) to suspend the
effect of the said act till the same shall have been confirm'd
by H.M. [C.O. 5, 1366. pp. 2-5.]
191. Duke of Newcastle to the Council of Trade and
Plantations. His Majesty has commanded me to signify to
your Lordships his pleasure, that you lay before him as soon
as possible a state of the possessions of H.M. and his subjects
in America which are disputed by the King of Spain, particularly
those of Fort St. George on the borders of S. Carolina, which
the Spaniards pretend to have been erected within their limits
of the Island of Providence and the rest of the Bahama Islands ;
and of a settlement which they say H.M. subjects have made
at the Laguna de Terminis in the Bay of Campeachy : and in
your Representation, you will set forth the proofs and arguments
that may be made use of to support the rights of H.M. and
his subjects, and take notice of the time when those places
or settlements were first possest by H.M. subjects, and how
far such possession has been confirmed by the Treaty of
Utrecht, the Quadruple Alliance of any other Treaty made
between the two Crowns. H.M. would also have you collect
together and lay before him, the complaints that are come to
your knowledge upon which redress has not yet been obtained,
of injurys done by the Spaniards, to H.M. subjects in America
or trading thither, as the seizing of their ships and effects by
the Guards de Costes and other Spanish vessels ; and other
depredations and acts of violence and injustice committed
on the part of Spain and the loss and damage sustained thereby.
Signed, Holies Newcastle. Endorsed, Reed., Read 10th May,
1728. If pp. [C.O. 323, 8. A T o. 90.]
1 92. Mr. Popple to Mr. Fane. Asks for his opinion whether
the renewal of Mr. Worsley's Commission, whereby his late
Majesty's Commission is revoked, does not cause a determination
of his Government within the meaning of an Act of Barbados,
1723, for supporting the honour and dignity of the Government
and whereby a salary was settled on him until the determination
of his Government. [C.O. 29, 15. p. 22.]
1 93. Council of Trade and Plantations to Governor Phenney.
Acknowledge letters etc. of 20th April and 5th Dec. Continue :
We have again wrote to the Duke of Newcastle in relation to
the stores of war etc., and hope that speedy directions will be
given to the proper officers for sending you the necessary
supplies. [C.O. 24, 1. p. 97.]
194. Extract of a letter from the Duke of Newcastle to
Mr. Walpole. I am commanded by H.M. to transmit to your
Excellency the folloiving " concerning some late encroach-
92 COLONIAL PAPERS.
1728.
ments made by the French upon the Islands of Sta. Lucia and
St. Vincent." Continues : The pretensions of the French to
these Islands have always been thought here to be without
any foundation, and when they were revived in 1722 upon
the occasion of the grant thereof etc. to the Duke of Montagu,
Mr. Daniel Pulteney etc., was sent express to the French Court
to explain and assert the right of the Crown of Great Britain
to these two Islands, and had several conferences with the
French Ministers upon the subject of his Commission, but
through the multiplicity of other affairs then depending at
that Court, the matter in question was not brought to any
determination, however the farther discussion of it was reserved
to another fit opportunity ; and in the mean time till such
an opportunity should offer it was at least expected, that
things should remain in the same situation they were in, and
that no new attempts would be made by the French to settle
those Islands. For your more thorough information I send
you a copy of the Instructions which were given to Mr. Pulteney
upon that occasion, together with a Representation of the
Lords Commissioners of Trade, wherein H.M. right to those
Islands is clearly and fully set forth, as likewise the memorial
of the Sieur Destouches, who was then charged with the affairs
of France at this Court, wherein he asserts the right of the
Crown of France to the said Islands. And from the whole I
doubt not, but your Excellency will be able to set this affair
in so clear a light, that the Court of France may be convinced
they ought not to proceed in the manner they do, without
any regard to H.M. title to the said Islands, especially as no
title to them has yet been made appear on the part of France.
In the doing whereof H.M. would have you act in the same
amicable manner as in the former part of this letter you are
directed to do. But as the inclosed papers will shew you the
undoubted right of H.M. to these Islands, and likewise the
necessity of asserting that right both for the benefit of our
trade and the security of H.M. other Charibbee Islands, I am
to recommend it to your Excellency to make the proper
instances that this dispute may be determined according to
the rules of Justice, and that a stop may be put to any further
incroachments on those Islands. Copy. If pp. Enclosed,
194. i. Council of Trade and Plantations to the Duke of
Newcastle, Feb. 9, 1728. q.v.
194. ii. Deposition of John Ridley, 28th Nov., 1727.
Copy. If pp.
194. iii. John Bennet, merchant in Barbados, to the Duke
of Montagu, 30th Nov., 1727. Copy. l pp. [C.O.
28, 39. Nos. 43, 43 i-iii.]
May 16. 195. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
Whitehall. The Governors of H.M. Plantations are directed to observe
AMERICA AND WEST INDIES.
93
1728.
May 16.
Jamaica.
the inclos'd Instruction (relating to the 5th and 6th Articles of
the Treaty of Neutrality with the French in America), but there
having been some doubt concerning the legality thereof ; my
Lords Commissioners desire your opinion thereupon as soon
as may be. [C.O. 324, 11. p. 103.]
196. Governor Hunter to the Council of Trade and
Plantations. I embrace this first opportunity that has offer'd
since the meeting of our Assembly, to give your Lordships an
account of their proceedings and it is a particular satisfaction
to me that I can acquaint your Lordships that in all their
deliberations and debates they have behaved with moderation
and calmness and with a due deference to the King's authority,
and I must really do them the justice to say that they have
dispatched the most material business I recommended to them
in as short a time as could possibly be expected, after which
they desir'd me to give them a short recess, it being their
crop-time. I did accordingly on the eighteenth of the last
month adjourn them to the second of July next, at which
time I have no reason to doubt but they will meet and accomp-
lish what remains unfinished and recommended to them for
the good of their country. Encloses Minutes of Council and
of Assembly and seven Acts, vizt. (i) An Act for granting a
revenue to H.M. for the support of the Government and for reviving
and perpetuating the acts and laws etc. I have carefully com-
pared this Act with the draught formerly transmitted to the
Duke of Portland and find it agreeable thereto in most things
literally but in everything as to it's material substance, except
in such particulars as I was impowered by my Instructions to
leave out and the words which perpetuate the laws in this
Act are synonymous to those used in the draught. And I am
of opinion that the Revenue thereby granted will effectually
answer the sume of 8000 a year, altho' the duty on indigo
and sugar should by any accident fall short of the sume
mentioned in the estimate annext to the draught. For I am
now taking such measures to have an exact rent roll made
of H.M. Quit-rents and for the more effectual and speedy
collection thereof that I have great reason to believe the quit
rent will at least raise double the sume reckoned in the said
estimate, so that the surpluss of the quit rents will at all events
make good deficiencies which possibly may happen in the
other branches of the Revenue ; Besides there is an express
clause of credit incerted in this Act, whereby the faith of the
Country is engaged to make good any deficiency in the funds
appropriated to the Revenue, and it has been seldom known,
where the publick faith has been engaged by a vote of the
Assembly they have let the publick suffer, much less when
solemnly promised and engaged by a law. I have therefore
given my assent to this bill and cannot but earnestly recom-
94 COLONIAL PAPERS.
1728.
mend it to your Lordships for H.M. Royal approbation, (ii)
An act for raising several sums of money and applying the same
to several uses. This is an annual bill and I have succeeded in
having a clause incerted in favour of the South Sea Company,
pursuant to the additional Instruction which was given me for
that purpose. By this Act the South Sea Company pays no
duty for negroes but such as they shall actually dispose of in
this Island ; This was a difficult point to get over, the people
of the country having an aversion to that Company, they
say it deprives the separate traders from the advantages they
formerly had before the South Sea Factory was settled here.
The rest of this bill is much to the same purpose with those
passed by former Governours from year to year under the
same title, (iii) An act to oblige the several inhabitants to
provide themselves with a sufficient number of white people, or pay
certain sums of money in case they shall be deficient and applying
the same to several uses and for repairing the wall of Port Royal.
This is likewise an annual law and in which ample provision
is made not only for all arrears due to the officers and soldiers
belonging to the two Independent Companies during the late
cessation of the laws, but also for their subsistance for the
ensuing year ; I could not possibly prevaile with the Assembly
to pass it for a longer time. They give for reasons, that they
by this instance as well as their disposition to subsist those two
Companies demonstrate their good will to them, and do give
me the utmost assurances that they will continue such their
subsistance from year to year, whilst the said Companies are
kept among them, in which I believe them sincere, because the
soldiers are usefull in guarding the fortifycations at Port Royal
and keeping guard in this town, which the inhabitants would
otherwise be obliged to do ; They likewise say that the providing
for the soldiers in this manner by annual bills is most agreeable
to the common practice in England and therefore desire to
assimilate themselves as near as may be to their mother country,
(iv) An Act for raising a tax by the poll and on trades and applying
the same to several uses. This Act is intended, as set forth in
the preamble, to raise an additional salary for me. This
method the Assembly conceived was easier to the country and
answered the ends as well as that in the Duke of Portland's
time, and indeed the main end of keeping a Governour
independt. of them for his yearly subsistance is answered ;
he being thus enabled to rent or purchase and stock a pasture
farm without which there is no keeping house in this country ;
H.M. by his Instructions is pleased to permit that the Assembly
by any Act or Acts may settle such sum or sums in addition
to my salary as they shall think proper, notwithstanding any
clause or clauses in the 20th Instruction provided it be done
by the first Assembly within the year and during the whole
time of my administration ; so I humbly hope your Lordships
AMERICA AND WEST INDIES. 95
1728.
will be of opinion that in giving my assent to this Act, I have
in nothing essential departed from my Instructions, (v) An
Act for the more effectual and speedy collecting of the several
outstanding publick debts of this island. There being very
considerable sums of money due to the Government both on
the revenue and other publick funds, the Assembly have
thought proper on my recommendation to apply all those
arrears for the payment of the publick debts, and this bill
prescribes the most effectual method for the collection of
them ; so that the utility of this Act is so apparent, that it
carries in itself sufficient reasons for my assenting to it. (vi)
An Act for the reviving and continuing of process and to prevent
disputes at law concerning the registering of deeds and patents
and for confirming of bonds taken in the Secretary's Office, (vii)
To enable such of the Parishes as have not already chose their
parish officers nor laid their parish taxes, to do the same in prefixed
times, altho? the times appointed for doing thereof be already
elapsed. The titles and preambles fully explaine the meaning
and design of the two last Acts etc., without which the reviveing
of the laws by the Revenue bill could have been of little
immediate service to the Island ; and there being nothing in
the said bills contained injurious to H.M. Prerogative, I readily
gave my consent to them. These are all the bills that have
hitherto been presented to me for my assent, but there are
many other good bills under the consideration of the House,
such as re-establishing credit, and a more speedy way of
reducing the rebellious negroes ; These with some other matters
of importance I hope to get accomplished at the Assembly's
next meeting etc. Encloses duplicate of Act passed in the
Duke of Portland's time entitled, an explanatory act for the
further encouraging the settling the parish of Portland, " which
I never saw nor heard of till I came to this country, otherwise
I should have sollicited H.M. approbation of it before I left
England ; for unless it is confirm'd I am afraid the settlements
of that part of the country, which is of great importance to us,
will meet with obstructions and delays " etc. Continues :
The Council and Assembly have join'd in a dutifull Address
to H.M., which I have by this conveyance transmitted to the
Secretary of State. The Fox man of warr arrived here about
ten days ago with orders for Admiral Hopson, who is at present
with most of the squadron on the coast of Cartagena, but are
daily expected here. The Spaniards continue to fit out
privateers especially from St. Jago on Cuba and they take every
ship and vessel belonging to us they can make themselves mas-
ters of ; which is a great obstruction to trade. P.S. Last night
Admiral Hopson's corpse arrived here from the coast of Cartagena
on board the Leopard man of warr ; He removed from on board
his own ship the Lyon, that ship being very sickly and the day
96 COLONIAL PAPERS.
1728.
after was seizd with a feaver and died in a few days. I am
informed that the rest of the squadron are tolerably well.
Signed, Ro. Hunter. Endorsed, Reed. 19th, Read 23rd July,
1728. 8 pp. [C.O. 137, 17. ff. 49520., 540.]
May 17. 1 97. Governor Hunter to the Duke of Newcastle. Refers to
Jamaica, enclosed duplicate of letter to Council of Trade, May 16 supra.
Continues : I dare not, till I am better inform'd and acquainted,
venture to recommend any persons for the Adminr. in case of my
death, by virtue of a dormant commission, tho' to prevent new
disorders I cannot help thinking such precaution may not be
amisse, for although I think the gentleman in who's hands it
was at my arriveal can not be accus'd, as far as I am inform'd,
of any thing illegal, yet what by means of probable fewds and
resentments and the contempt and little regard the generality
have for him, I can not think him a proper person for that
trust. I thank God I enjoy better health then I have done for
for some years pass'd so there is in appearance no immediate
necessity for that precaution. Upon the whole, I think the
Assembly here if manag'd by a gentle hand may be brought
to do their duty in ev'ry thing with relation to H.M. Government
and the good of the countrey. An unforeseen and unsuspected
opposition, which I am almost asham'd to mention, had like to
have embroil'd all again, but as I gott in some measure the better
of it, I shall not trouble your Grace with it. I have however
explain'd this to Mr. Delafay. The Spaniards have several
privateers on the cruize which much disturb our trade and take
every vessel they come up with. Refers to Admiral Hopson's
death etc. (v. preceding), and to enclosed Address, " which I
beg your Grace to gett presented wt. the humble and hearty
assurances of their duty and loyalty." Signed, Ro. Hunter.
Endorsed, R. July 20. Holograph. 3 pp. Enclosed,
197. i. Address of Council and Assembly of Jamaica, April 3,
1728 to the King. Condole with H.M. on loss of his
royal Father, whilst heartily congratulating him on
his accession. " The many early instances of your
Majesty's goodness must give your subjects the greatest
assurances of happiness, and what quiet, what
content must they enjoy who are more immediately
in your presence, when we whom Fortune has removed
by a very distant scituation are so sensible of the
happy influences of your Government." Express
appreciation of Governor Hunter's appointment etc.,
and sentiments of duty and loyalty etc. Signed, Tho.
Beckford, Speaker ; Jos. Maxwell, Cl. Council. 1 large
folded p.
197 ii. Duplicate, No. 196. Endorsed, Rd. July 20. [C.O.
137, 53. ff. 46 470., 480., 49, 5054, 550.]
AMERICA AND WEST INDIES.
97
1728.
May 17.
Jamaica.
May 17.
Jamaica.
May 17.
May 17.
Whitehall
198. Governor Hunter to Mr. Stanyan. Refers to former
letters and repeats gist of letters of 16th and 17th May, supra.
Signed, Ro. Hunter. Endorsed, Rd. July 17. Holograph. 3 pp.
[C.O. 137, 53. ff. 5657*;.]
199. Same to the Duke of Newcastle. Capt. St. Loe now
commanding in Admiral Hopson's room, recommends him,
" as honest a gentleman and good an officer as any in the
Service, one very acceptable to all here and well deserving
promotion " etc. Signed, Ro. Hunter. Endorsed, R. July 20.
Holograph. 1 p. [C.O. 137, 53. ff. 58, 59u.]
200. President Middleton to the Duke of Newcastle. Had
hoped some notice would have been taken ere now of his letter
of 31st June last to Governor Nicholson, which was laid before
H.M. in Council etc. For want thereof, the people continue in
their riotous dispositions, and are daily affronting the Govern-
ment etc. Repeats proceedings of Assembly as in the Representa-
tion which he is now preparing with the Council (v. July 2nd, 1729).
Concludes : If such a petty Colony as this, are suffered to run
on at this rate, etc., daily affronting the Royall authority and
his Representatives here etc., and that without the least
censure from home etc., I know not where will be the end of
these things. Signed, Ar. Middleton. Endorsed, R. 4th June.
2 pp. Enclosed,
200. i. Bill (sent up from the Assembly, S. Carolina) to prevent
the many evils etc. from the unsettled state of the paper
currency etc. Copy. Signed, Char. Hart, Secry. 1 p.
200 ii. Bill to promote the currency of silver and gold by affixing
the value thereof in the present paper currency etc. Copy.
Signed, Wm. Bull, Cl. Cone. 1 p.
200. iii. Bill to promote the importation of gold and make it
current etc. Copy. Signed, Char. Hart, Secry. 1 p.
200. iv. Bill to ascertain the discount on the paper bills of credit
etc. Copy. Signed, Benja. de la Conseillere. 1 p.
200. v. Minutes of Council in Assembly of S. Carolina, 4th
llth May, 1728, with Proclamation for dissolving
Assembly, llth May. Copy. Signed, Wm. Tinley, Cl.
Cone. 5pp.
200. vi. Bill to ascertain the value of the paper bills and to
promote the currency of gold and silver. Copy. Signed as
preceding. 1 p. [C.O. 5, 306. Nos. 80, 80. i vi.]
201 . Council of Trade and Plantations to the Lords Com-
missioners of the Treasury. The Board of Works upon surveying
this Office, in order to secure the same when they pull'd down
the partition wall lately repair'd, do find the South West wall,
almost in as bad a condition as that which they have taken
down ; and as we are inform'd that the repairing the same will
q.p.xxxvj-7
98
COLONIAL PAPERS.
1728.
not be attended with much expence, we desire your Lordships will
please to give the necessary directions for this repair, whilst the
workmen are going forward with the other, that we may not be
oblig'd to remove a second time out of our Office. [C.O. 389,
37. p. 290.]
May 17. 202. Mr. Popple to Mr. Fane. Encloses, for his opinion
Whitehall, in point of law, two acts of S. Carolina. [C.O. 5, 400. p. 238.]
[May 17.] 203. List of inhabitants of Bermuda, 1727. By parishes.
Totals: Whites, Men, 910, Women, 1768, boys, 1261, girls,
1131. Blacks, men, 787, women, 945, boys 1158, girls, 987.
Endorsed, Reed, (from Col. Hope), Read 17th May, 1728. 1 p.
[C.O. 37, 12. //. 9, 10.]
[May 17.] 204. Copies of assessments in the 9 tribes of Bermuda, in
1727, pursuant to the Act for raising money for the fortifica-
tions. Endorsed as preceding. 25pp. [C.O. 37, 12. ff. 11 30t>.]
May 19.
Jamaica.
May 20.
Antego.
205. Governor Hunter to Mr. Popple. I have apply 'd to the
D. of Newcastle and beg you'll for me apply to their Losps. for
a letter constituting Alexr. Forbes Esq. of ye Council he is
Provost Marshal but acts by a Deputy. I am frequently put
to't for want of a Quorum many of ye Council live at such a
distance. And Pusy has been several years absent and in jayl
and indeed as I am told never was fitt for the trust. We cannot
spare the Atty. Genl. from the Assembly as yet. Make my
excuse to their Losps. for having omitted this in mine to them.
I shall send a list of twelve when I am better acquainted at
present I cannot do't but by guesse. Signed, Ro. Hunter. En-
dorsed, Reed. 20th July, Read 13th Nov., 1728. Holograph.
1 p. [C.O. 137, 17. ff. 82, 83 v.]
206. Lt. General Mathew to the Council of Trade and
Plantations. Is sending to Mr. Yeamans, Agent for the island,
two acts to be laid before the Board, (i) for laying a duty of
powder and money on all vessells trading to or from this island for
the defence of the island and the protection of trade etc. (ii) for
raising a tax for paying publick debts etc., and particularly apply-
ing the said tax. The first in the preamble remedy s the objections
your Lops, were pleased to make to the former act to this
purpose. The second is a levy in the same terms and provisoes
as usual. Mr. Meure writes me Mr. Willett has complained of
me to your Lops. I did not beleive he would, and when your
Lops, permitt me to reply, I hope you will think I ought to have
been the complainant. He and I are come to a better under-
standing some months ago, till I see my crimes as recited by
him, I can say nothing to it. I have been so very ill, and my
AMERICA AND WEST INDIES.
99
1728.
May 20.
Barbados.
distemper still so affects my head and nerves, that writing is
very irksome to me. I would not miss this conveyance. But
pray your Lops, will excuse this being so short and no better
writt. Signed, William Mathew. Endorsed, Reed. 9th Sept.,
1728, Read 28th March, 1729. 2 pp. [C.O. 152, 17. ff. 7, 8, &>.]
207. Governor Worsley to the Duke of Newcastle. About
the beginning of Janry, last I heard that some Gentlemen of the
Assembly had met privately, tho' they were then prorogu'd, and
had drawn up some complaint against me to the Lords of Trade,
and that one particular was in relation to the powder in the
Magazine. I did not then think fit to trouble your Grace about
a report, for which I was convinced in my conscience there was
no grounds, nor could I think they would style themselves an
Assembly after I had prorogued them, however, I wrote to my
Agent Mr. Sharpe a short account of the powder, in order to lay
it before your Grace in case they should have made any such
complaint, and having since heard from private letters from
England that it was there reported, that they had not only
complained of the want of gunpowder in the magazine, but also
of my negligence in relation to the Militia and the fortificacons,
and of my granting injunctions unlawfully in Chancery ; I beg
leave, tho' I have not yet seen a copy of the complaint, to repre-
sent to your Grace what I have done upon all those heads.
Upon the complaints and uneasiness of the inhabitants of
Bridgetown on occasion of the ruinous condition of the Magazine
there, I gave orders the 10th of July, 1725 (copies enclosed) to the
Storekeeper Collo. William Leslie, to deliver, to the several
Captains of the forts, Needham, Oistins, and Speights, 100
barrells of powder each, to be kept there entire till my further
orders, and finding the magazine daily growing in a worse con-
dition, I ordered, the 23rd Sept. following, 200 barrells more to
be lodged in the same manner at Needhams Fort, the whole
quantity of powder removed weighed neat 501,47 pounds which
makes 501 barrls. and 47 Ib. the other aforementd. two maga-
zines not being capable of containing more than what I had
already lodged in them ; The 15th Feb following, the Assembly
were so sensible of the ruinous condition of the old Magazine, that
they passed a bill for erecting a new one etc., transmitted 27th
April, 1726, the preamble of which is as follows ; Whereas the
present magazine etc. is in a very ruinous condition and the pow-
der and other stores therein have already been damnified thereby,
and the said magazine is very inconveniently situated, and the
lives and fortunes of H.M. subjects etc. are in apparent danger
from the great quantity's of gun powder usually kept in the
said magazine." What quantity of powder the complainants
may have represented to be in the magazine, I can't tell, but
it is amazing to see them prevaricate in their complaints, if what
I am told is true, by saying that there were but so many barrls,
100 COLONIAL PAPERS.
1728.
of powder in this Island, because there was no more in the
magazine, when the whole town and island could not but know,
that I had removed it for their own safetys, before the passing
of the abovesaid bill, and if I had not done it, the old Magazine,
during the late earthquakes, probably would have fallen
with that quantity of powder in it, which would have
occasioned the utter ruin of the town, for the Magazine was so
ruined that in the pulling of it down, it fell, and in October last,
the new Magazine was not fit to receive the powder, as your
Grace will perceive by the inclosed report etc., so that the under-
taker is now obliged to rebuild it after a better manner, which
will not be finished till about a month hence whence I could
not have returned the powder, and the late Storekeeper Collo.
Leslie is obliged to keep in his hands above 100 barrells more
of powder upon his own risque till the Magazine is finished. In
Sept. 1723 I had the honor of sending lists of the stores, and of
the state of the fortifications in this Island, to the Secretary of
State, Lords of Trade and board of Ordnance, in the account of
the stores which was taken on 8th Feb. 1723 which was imme-
diately after my arrival here, there was but 564 barlls. and 83
pounds of powder then in the magazine, and notwithstanding
there was 110 barrells of gunpowder spent in the several
divisions in this Island, when His present Majesty was pro-
claimed, I guess there is now about 700 barrells, but for the
satisfaction of the Island, the 20th of Feb. last, I ordered in
Council Mr. Lightfoot, who is the Chairman of the Committee of
Public Accounts, to make up the late Storekeeper's accounts, as
appears by the the Minutes of Council which accompanies this,
whence it will appear if any powder has been imbezelled, or not ;
I must now beg leave to shew your Grace, that according to the
constitution of this Island, the Storekeeper is nominated by the
Assembly, and when approved by the Governour, before he can
execute his office, must give a bond of 2000 sterling for the true
and faithfull execution thereof, as appears by an Act of 1697 to
ascertain the duties of masters of ships, etc., so that the Governour
has nothing more to do with the powder than to issue his orders
for delivering it when occasion requires. As to the complaints in
relation to the Militia, I must refer myself to an Act for the
settlement of Militia, 1697 etc., whereby the Militia are to be
exercised once a month in time of war, and once in two months in
time of peace and no oftner, and that the several Collos. have by
this Act the sole power of fining defaulters, hearing all com-
plaints, and of giving redress according to the merit of the cause,
tho' at the same time they are not obliged, under any penalty,
to do it ; even in granting commissions the Governor's power is
restrained, for by the same Act no person is held capable of
being Field Officer, unless he has a freehold of 100 acres of land,
and no person shall be admitted a Captain, unless he has a free-
hold of 40 acres at least ; according to the settlement of the Mill-
AMERICA AND WEST INDIES. 101
1728.
tia by this Act, I can't imagine what grounds of complaint they
can have against me, I have indeed ordered them to be exercised
once a month, in that, whilst there is only a cessation of arms,
it can't be properly called a time of peace ; so far was I
from being thought negligent upon the head of Militia, that,
till lately, this was complained of, as if I had acted contrary
to law. As to their complaint of my neglect of the fortifi-
cations, I have never failed of representing, to every Assembly,
the ruinous condition they are in, and of recommending to them,
the raising money for the repairing them. As to my granting
injunctions in Chancery unlawfully, I am at a loss to know what
they mean ; upon my arrival, I found that writts of injunction
were granted till the merrits of the cause should be heard, even
after judgment in the lower Courts, whence, sometimes the cause
did not come to be heard in four or five years ; I grant such injunc-
tions till answer and further order, by this means, in two months
time by motion, it may come before the Court of Chancery, and
upon hearing the merits of the petition, the injunction may be
continued or dissolved ; hitherto it has been the practice of the
Court of Chancery in this Island not to give costs together with
the decree, but was afterwards prayed for by motion, whence
motions for costs, (besides the extraordinary expence that
attends them) have sometimes lain a considerable time, till they
come in course to be heard ; I have now joyntly with the Court
made a rule, that for the future, costs shall be given with the
decree, this will prevent delays, and be of great ease to the
people. P.S. Having seen a book of exercise for the horse,
dragoon and foot forces lately publish'd, by H.M. 'command, I
have ordered the several Collos. here to practice the same.
Signed, Henry Worsley. Endorsed, R. 15th July. 11 pp.
Enclosed,
207. i iv. Orders by Governor Worsley to William Leslie,
Storekeeper, to deliver 500 barrels of powder to the
forts (v. covering letter], 10th July and 23rd Sept.,
1725. Copies. 2 pp.
207. v. Report by Commissioners for viewing the new Maga-
zine at St. Ann's Castle. 17th Oct., 1727. The
buildings are leaky and unfit to hold powder and
arms etc. 10 signatures. Copy. 1 p. [C.O. 28, 44.
Nos. 120, 120 i-v.]
May 20. 208. Governor Worsley to the Council of Trade and Plant-
Barbados, ations. The 2nd of this month I had the honor of receiving
your Lordps. letter of the 24th Nov. Repeats preceding covering
letter. Signed, Henry Worsley. Endorsed, Reed. 13th, Read
17th July, 1728. 11 pp. Enclosed,
208. i, ii. Duplicates of encl. i v preceding. Endorsed as
preceding. [C.O. 28, 19. ff. 194202, 203*;.]
102
COLONIAL PAPERS.
1728.
May 20. 209. Mr. Willard to Mr. Popple. Encloses Minutes of Council
Boston. anc j Journal of Assembly, and Acts, for the last half year.
Sent the Excise Act for 1726 in Oct. last etc. Signed, Josiah
Willard. Endorsed, Reed. Read 4th July, 1728. f p. [C.O. 5,
870. ff. 115, 116U.]
[May 21.] 210. Memorandum by Mr. Godin upon the first settling of
Carolina. Set out, N.C. Col. Rec. II. 763. Signed, Stephen
Godin. Endorsed, Reed. Read 21st May, 1728. 2 pp. [C.O.
5, 360. ^64, 64u.]
[May 21.] 211. Memorandum of the bounds and settlement of Carolina
and the Bahama Islands. Signed, Ri. Shelton. Endorsed as
preceding. l?pp. [C.O. 5, 360. ff. 64, 64*;., 65i>.]
May 21.
Jamaica.
May 22.
Whitehall.
212. Governor Hunter to Mr. Stanyan. The Fleet not yet
being sayl'd, I have time to supply an omission. Peter Miller,
found guilty of the murder of John Addington is still in jayl
under sentence. The Bench was divided it seems abt. ye evidence
of his guilt wch. procured his reprieve at that time. In that
case the Govr. can only reprieve till H.M. pleasure be known etc.
Awaits orders. Signed, Ro. Hunter. Endorsed, Rd. July 14th.
Holograph. 1 p. [C.O. 137, 53. ff. 60, 61u.]
213. Duke of Newcastle to the Council of Trade and Planta-
tions. Encloses following. Continues : As you are now preparing
draught of Col. Philips' Commission and Instructions, it is
H.M. pleasure that you should at the same time consider of the
several matters proposed by him, with what shall otherwise
occurr to you, as most necessary and proper for the better
settlement and Government of Nova Scotia. P.S. I must desire
your Lordps. will give what dispatch you conveniently can to
this affair. Signed, Holies Newcastle. Endorsed, Reed. Read
23rd May, 1728. 1 p. Enclosed,
213. i. Petition of Governor Philipps to the King. Petitioner
will obey H.M. commands to return to his Government
with all dispatch. Prays that, before his patent and
instructions are made out, the Board of Trade may be
directed to lay before H.M. the memorials that have
been given of the state of that Government and their
reports thereupon, by which H.M. will be informed of
of the miserable condition of that Province and be
able to judge of measures necessary to be taken for a
speedy relief. This is what (with His late Majesty's
leave) petitioner came over to sollicit, and unless
obtain'd there is great reason to apprehend that his
return there will serve to no better end then totally
to discourage the settlement (so much wanted) of that
Province, and give despair to those unhappy people
AMERICA AND WEST INDIES. 103
1728.
both military and civill who have supported themselves
hitherto under the greatest hardships on the hopes of
the good success of his representations. Endorsed, Rd.
8th May, 1728. 1 p.
213. ii. State and Condition of Nova Scotia, (i) The fort of
Annapolis Royal is utterly gone to decay etc. and the
artillery almost totally dismounted (described), so that
the state of that garrison, without cover or defence,
is no longer supportable etc. (ii) Canso is yet in worse
circumstances, if possible. Seven years have elapsed
since the present Governor erected at his own expense
lodgment and a magazine intended to last but for one
year, and no better provision made for the garrison,
in which time they have undergone unspeakable hard-
ships. It is not to be expected that human nature is
able to exist there another winter in the same condition.
By means of the protection of the Garrison Canso is
become the most considerable of the fishery trade
of any in America, insomuch that one year's proffits
at this time ariseing to Great Brittain by the returns
for fish shipped off there to foreign markets, will
more than pay the expence needfull for its security,
without which it is in danger of being deserted,
(iii) Annapolis Royal being 130 leagues from Canso,
and Canso 80 from Placentia, and no possibility of
communication by land, the Governor needs a vessel
to be appointed constantly to attend that service,
otherwise, there being no correspondence between them
by traffick or otherwise, " the moment he removes from
hence, where is the present center of correspondence
with the whole, he looses all knowledge of the affairs
of that Government." (iv) Another circumstance
necessary to be had under consideration is that of the
French inhabitants, who beside the Indian natives are
almost the only inhabitants of that Province, excepting
about half a dozen poor English familys ; These are
the same people that settled there under the French
Government, but greatly multiply'd since the sur-
render of that country 16 years ago ; since which time
they have presym'd upon their own numbers and
strength, and the weakness of the English Govern-
ment, back'd with the friendship of the Indians,
to continue their footing there, refusing to comply
with the Articles of Capitulation etc. and at this
time declareing themselves subjects of France, waiting
for opportunity of a rupture betwixt the two Crowns,
and in the meantime are dayly practiseing in secret
with the Indians, exciting them to robberys and
murder, makeing a mock of the English Government
104 COLONIAL PAPERS.
1728.
etc. As the only remedy, it is proposed as absolutely
necessary toward haveing the entire command of the
Province, to take post with a number sufficient for a
garrison on the Isthmus which divides the Province
in the center, and is the scituation of the greatest part
of those inhabitants, and rendevouz of the Indians in
concerting of mischief, by which means those insolent
people may be entirely subjected to obedience, and
by thus cutting off the communication between the
West and Eastern Indians will infallibly prevent all
future warr, disturbance and murders by those
barbarians, which has hitherto discouraged the settleing
of the Province, etc. The Isthmus, being about 8 or 9
miles wide, and a very fertile soil, on which those
inhabitants raise great store of excellent corn and
cattle, with which they traffick with the French at
Cape Breton and are the support of that Colony,
takeing in return the European manufactures of France,
by the influence of this post that trade will be forced
into its proper channel with the subjects of Great Brit-
tain, who will vend there yearly considerable quantitys
of our manufactures etc. The charge, besides a small
reinforcement of men, will not exceed 1000 sterl., which
those inhabitants, when subjected, are rich enough to
make good, (v) The Governor being by his last Instruc-
tions laid under a prohibition of making any grants of
lands in that Province before such time as a general
survey shall be made for the marking out a certain
number of acres of woodland fitt for the use of the
Royall Navy, which occasion'd the loss of 200 familys
that at one time offer'd themselves to go over in a
body to settle but cou'd not be accepted, and whereas
the intended general survey is not yet begun, and may
in all probability be a work of two or three years
before finished etc., proposes that he be permitted in the
mean time to grant such lands as bear no such timber
etc. (6) Whereas no ways or means are to be found for
raising the least supply within the Province toward the
support of the Government upon any emergency tho'
it were but a shilling and its safety depended on it,
it is hoped that a provision by way of contingent mony
may be appropriated in like manner as to other
Governments etc.
Number and disposition of forces necessary : At
Canso, being the frontier of the Province, 200 ; at the
post on the isthmus, 200 ; at Annapolis the garrison of
150 may be reduced from 150 to 100 by opening a
communication between it and the post on the isthmus.
AMERICA AND WEST INDIES.
105
1728.
May 23.
Whitehall.
May 24.
Whitehall.
May 28.
Londo.
May 28.
Bartlett's
Buildings.
The Regiment there at the present establishment is
350. The state of the Civil Government is matter of
further consideration. 3 pp. [C.O. 217, 5. ff. 11, 12,
13, 13v., 14, 14u., I5v., I6v.]
214. Council of Trade and Plantations to the King. The
allegations in Mr. Elliot's petition, (v. July 5th) according to our
information are true, and he has been of service in protecting
the Fishery at Cano. And as we are informed that many perni-
cious practices are carried on in the towns of Newberry, Capan
and Squam by reason of their distant situation from Piscataqua
where the Collector usually resides, to the great detriment of
your Majesty's Revenue ; we have no objection why your
Majesty may not be graciously pleas'd to gratify the petitioner
according to his request. [C.O. 218, 2. pp. 74, 75.]
21 5. Duke of Newcastle to Governor Worsley. Has laid
the petition of Assembly (4th Jan.) against him before the
King etc. Concludes : The King has so good an opinion of
your conduct, that he is willing to hope this complaint has not
any just foundation ; however H.M. has commanded me to
transmit to you the inclosed copy thereof for your information,
and that you may have an opportunity of returning a proper
answer thereto. Signed, Holies Newcastle. Annexed,
215. i. Copy of Petition of Assembly of Barbados, 4th Jan.
[C.O. 324, 36. pp. 6472.]
21 6. Col. Johnson, Mr. Yonge and Mr. Wragg to the Council
of Trade and Plantations. Recapitulation of history of settle-
ment of Carolina and attempts by the Spaniards to settle there
or disturb H.M. subjects. Signed, Robt. Johnson, Fra. Yonge,
Sam. Wragg. Endorsed, Reed. Read 28th May, 1728. 2| pp.
[C.O. 5, 360. ff6Q 670.]
217. Mr. Newman to Mr. Popple. Being engaged every
Tuesday in the year, prays to be excused from attending the
Board on that day. Signed, Henry Newman. Endorsed, Reed.
Read 28th May, 1728. 1^ pp. [C.O. 5, 870. ff. Ill, lllv., Il2v.]
[May 29.] 218. Copy of Commission and Instructions for the Council
of Trade, who met at Mercer's Hall, London, 1660. 12 pp.
[C.O. 388, 79. Nos. 22, 23.]
[May 29.] 219. Copy of the bill in the Signet Office, under the sign
manual of Charles II, which passed the Great Seal, 20th Sept.,
1672, appointing a standing Council for Trade and Plantations.
Endorsed, Taken out of ye Signet Office, ye 29th May, 1728.
PP- [ c -- 388 > 79 - No - 24 -]
106
COLONIAL PAPERS.
1728.
May 29.
May 30.
New York.
May 30.
New York.
May 30.
New York.
May 30.
New York.
May 30.
Whitehall.
May 30.
London.
May 81.
Whitehall.
220. Col. Johnson to Mr. Popple. Gives address of Capt.
John Bodler who can give all information relating to Fort King
George, Car. etc. Signed, Robt. Johnson. Endorsed, Reed.,
Read 29th May, 1728. Addressed. I p. [C.O. 5, 360. ff. 68, 69t;.]
221. Governor Montgomerie to the Duke of Newcastle.
Acknowledges receipt of H.M. Additional Instructions relating to
Mr. King, Receiver General of the rights and perquisites of the
Admiralty etc. Recommends Mr. De Lancey for the Council v.
No. 224. Signed, J. Montgomerie. Endorsed, R. July 18.
Holograph. 2 pp. [C.O. 5, 1092. No.67.]
222. Same to [? Mr. Delafaye]. Acknowledges his obligations
to him, thanks him for his civilities, and begs the continuance of
his favour etc. Begs him to put the Duke in mind of his recom-
mendation of Mr. De Lancy etc. Signed and endorsed as preceding.
Holograph. If pp. [C.O. 5, 1092. No. 68.]
223. Same to Mr. Popple. As preceding. Set out, N.Y. Col.
Docs. V. p. 857. Signed, J. Montgomerie. Endorsed, Reed.
18th July, Read 13th Nov., 1728. Holograph. 2 pp. [C.O. 5,
1054. ff. 294, 2940., 295u.]
224. Same to Council of Trade and Plantations. Has not yet
been able to get the Acts of New Jersey engrossed. Recommends
Mr. James De Lancey for the Council in room of Mr. Barberie
deed. His father, an eminent merchant, is a Member of the
Assembly, and one of the richest men in the Province etc.
Intends to meet the Assembly on 22d July. Set out, N.Y. Col.
Docs. V. pp. 856, 857. Signed and endorsed as preceding.
Holograph. 3 pp. [C.O. 5, 1054. ff. 2922930.]
225. Mr. Popple to Capt. John Bodler. Asks for information
as to the Fort King George in S. Carolina, " particularly upon
what river it is erected." [C.O. 5, 400. /. 239.]
226. Mr. Lowther to Mr. Popple. Sends a Map of Hudson's
and Delaware Rivers and the adjacent country made by William
Bond, to be presented to the Board. Signed, Rob. Lowther.
Endorsed, Reed. 30th May, Read 5th June, 1728. Holograph.
1 p. [C.O. 5, 1054. ff. 275, 2760.]
227. Council of Trade and Plantations to the Duke of New-
castle. Enclose following to be laid before the King. Annexed,
227. i. Council of Trade and Plantations to the King.
Representation upon Governor Philipps' petition and
state of Nova Scotia (v. May 22nd). We have always
been of opinion, it was highly necessary to your
Majesty's service, and for the interest of Great Britain,
AMERICA AND WEST INDIES.
107
1728.
that proper measures should be taken for the peopling
and settling Nova Scotia which has been the subject
of many reports from this Board etc. Enclose copy of
representation of 7th June, wherein they have already
given their opinion " concerning the several particulars
contain'd in Col. Philipps' State of Nova Scotia, ex-
cepting only what relates to contingent mony, and the
encrease of the number of men upon the establishment
of his Regiment, to which we have no objection,
especially till such time as the Province shall be in a
condition to raise mony for their own defence, and for
the services of the Civil Government there. And as
we are now preparing the draught of a Commission and
Instructions for Col. Philipps, we humbly crave leave
to know your Majesty's pleasure concerning the several
particulars in the annex'd Representation, that in case
the same should be necessary, further Instructions
[may be inserted] for Col. Philipps, etc. [C.O. 218, 2.
pp. 7779.]
May 81. 228. Duke of Newcastle to the Council of Trade and
a ' Plantations. H.M. having been pleased to continue George
Phenney Esq. in the employment of Governor of the Bahama
Islands in America ; you are to prepare draughts of a
Commission and Instructions for him etc. Signed, Holies
Newcastle. Endorsed, Reed. 3rd, Read 4th June, 1728. 1 p.
[C.O. 23, 2. ff. 129, 130i;.]
[June 2.] 229. Copy of undertaking by M. Subercase, " Governor of
L'Accadie of Cape Breton Island and land adjacent from the
Cape Roziers of the Great River St. Lawrence as far as the
East part of Kennebeck River," to procure passports for Major
Richard Mullins and Charles Brown to proceed to England etc.
Port Royal. 23rd Oct. N.S. 1710. Endorsed, Reed. 2nd, Read
6th June, 1728. f p. [C.O. 217, 5. ff. 76, 770.]
June 3. 230. Mr. Attorney and Mr. Solicitor General to the Council
of Trade and Plantations. Report upon H.M. Instruction to
Governors relating to the 5th and 6th Articles of the Treaty of
Peace and Neutrality (v. 16th May). Continue : We conceive
that it was the intent of those articles to give power to the King
of Great Britain and the most Christian King reciprocally to
seize and confiscate the ships and cargoes belonging to the
subjects of each other, which should carry on a trade contrary
to the said Articles ; and consequently that ships belonging to
the subjects of France with their ladings, that shall be found
trading in any of the British Plantations in breach of those
Articles, will be liable to be seized and condemned, in some of
H.M. Courts within such Plantations for that cause ; and that
108 COLONIAL PAPERS.
1728.
on the other hand ships and their cargoes belonging to British
subjects who shall be found trading in any of the French
Plantations in breach of the said Articles, will in like manner
be subject to seizure and confiscation within such French Planta-
tion. But we apprehend that it was not the intent of this Treaty
to provide that either of the contracting powers should seize
and confiscate the ships or goods of their own subjects for contra-
vening the said Articles ; and if such intention had appeared,
we are humbly of opinion that it could not have had it's effect
with respect to H.M. subjects, unless the said Articles had been
confirmed either by Act of Parliament of Great Britain, or by
Acts of Assembly within the respective Plantations. As to the
abovementioned Instruction there appears to us nothing
illegal in the terms of it ; But considering the distinction, arising
upon the said two Articles of the Treaty, which we have already
stated, we submit it to your Lordships' consideration whether
it may not be expressed more explicitly and particularly in
order to prevent mistakes in carrying the same into execution
in the severall cases that may happen. Signed, P. Yorke, C.
Talbot. Endorsed, Reed. 3rd, Read 4th June, 1728. 5| pp.
Enclosed,
230. i. Extract of 5th and 6th Articles of the Treaty of Peace
and Neutrality, 1686. 3| pp. [C.O. 323, 8. Nos. 91,
91. i.]
June 3. 231 . Mr. Fane to the Council of Trade and Plantations.
In reply to 10th May, gives opinion, with reasons, that Mr.
Worsley's Government was not determined by the demise of his
late Majesty and his present Commission is a renewal of it and
a continuation of the same office and profits etc. Signed, Fran.
Fane. Endorsed, Reed. 3rd, Read 4th June, 1728. 6 pp. [C.O.
28, 19. ff. 180 188t>.]
June 4. 232. Same to Same. Has no objection to the Acts of St.
Kitts for regulating Vestries etc. and ascertaining the number of
Assemblymen etc. (v. Dec. 26). Signed, Fran. Fane. Endorsed,
Reed. 7th June, 1728, Read 28th March, 1729. 1 p. [C.O. 152,
17. //. 27, 28.]
June 4. 233. Mr. Partridge to Mr. Popple. Understanding there is
like to be made some application at the ensuing Congress at
Soisons for obtaining satisfaction from Spain for the ships taken
by the Spaniards etc., I do therefore send thee herewith an accot.
of a ship belonging to Rhd. Island taken about 4 yrs since from
Capt. Wanton whose attourney I am. We endeavoured to get
satisfaction from the Court of Spain as will appear by enclosed
papers etc., but we never could recover anything at all etc. : so
now I desire thou wouldst please to let this ship and cargo amo.
AMERICA AND WEST INDIES. 109
1728.
to upwards of 1800 sterl. to be incerted among such accots. as
are to be transmitted to the Congress. I am, Thy Friend, Signed,
Richd. Partridge. Endorsed, Reed., Read 6th June, 1728. 1 p.
Enclosed,
233. i. Petition of Wm. Wanton jr. to the King. Commander
of the Wanton, describes capture of his ship in her
voyage from Jamaica to Rhode Island, when attempting
to water at Chincherna Island, near Cape Catoch, April,
1724, after being driven off her course by a storm, and
not knowing where they were. Petitioner had not had
any manner of commerce with the Spaniards or any
others from the shore, nor when taken had they any
goods on board of Spanish growth or product or any
counterband goods whatsoever. The Spaniards carried
them into the Bay of Honduras and seized all their
papers, to prevent a true state of the case being laid
before H.M. Then they proceeded to treat the ship's
company very barbarously and inhumanly perticularly
in hanging up some of your petitioner's sailors
by the neck to make them confess where they were
bound etc. Petitioner and some of his company
were carried to Campeachy and there put into prison
with very little cloaths etc. Six others, who were sick,
were inhumanly forced out of the ship into a boat.
Petitioner after having layn in prison till the latter
end of June was carried to Vera Cruz and put into
prison there in a place that was almost knee-deep
with water and was there three days without any
subsistance from the Spaniards, and afterwards was
removed to a castle from whence he was released
through the intercession of Capt. Wm. Clealand of
the Royal Prince and the English Factory there etc.
Prays for redress on account of himself and Col. Wm.
Wanton of Rhode Island, sole owners of the Wanton.
233. ii. Estimate of value of Wanton and cargo as above. 1 p.
233. iii. Duke of Newcastle to Mr. Stanhope. Jan. 14, 17f .
Transmits Wm. Wanton's petition (No. 1) and
concludes : H.M. directs your Excellency to represent
to the Court of Spain the particular hardship of this
case, and endeavour to obtain a full and speedy satis-
faction for the loss the owners have sustained. Signed,
Holies Newcastle. Copy. 2 pp.
233. iv-vi. Depositions of Wm. Wanton jr. (2), and Caleb
Godfrey relating to foregoing. Signed, Wm. Wanton,
jr., Caleb Godfrey. If pp., 3pp. [C.O. 388, 27, Nos.
29, 29 i vi.]
June 4. 234. Mr. Popple to Mr. Scrope. Encloses following as
Whitehall, desired. It will be for H.M. service, that the Surveyor General
110 COLONIAL PAPERS.
1728.
be dispatched as soon as possible, that the settlement of Nova
Scotia may be no longer delay'd etc. (v. Cal. Treasury Papers,
1728, p. 516). Annexed,
234. i. Draught of H.M. Instructions to David Dunbar,
Surveyor General of H.M. Woods on the Continent of
America. Whereas we are sensible of the great advant-
age that would accrue to our Kingdoms, were our
Royal Navy and the shipping of Great Britain con-
stantly supply'd with Naval Stores of all kinds from
Our Plantations in America, We have thought fit to
appoint you to be Surveyor of Our Woods on that
Continent ; You are therefore with all convenient
speed to repair to America, and to signify and exhibit
to the several Governors of Our Plantations there,
Our Commission etc. as also such parts of Our Instruc-
tions in that behalf, as may be requisite from time to
time. And whereas we are inform'd that the Province of
Nova Scotia abounds with timber of all kinds fit for the
service of Our Royal Navy ; And whereas Our Governor
of that Province is forbid to grant any lands there
to any person whatsoever until there shall be set apart
a sufficient quantity of land bearing timber as a
nursery of trees for the use of Our Royal Navy, you
are therefore in the first place to proceed to that Prov-
ince, and in those parts where you shall find it most
for Our service, to take a survey of Our woods, and to
mark out certain tracts of land most proper to be
reserv'd for the service of Our Royal Navy ; always
observing that they lye as contiguous as may be to the
sea coast or navigable rivers, not amounting to less than
200,000 acres in the whole, in which lands no persons
whatsoever are to cut trees of any dimensions, under
pain of Our highest displeasure, and of the utmost
penalties the laws can inflict for such offence etc. You
are to make application to the Governors (of the
Provinces concerned) that the Acts for the preservation
of white avd other pine trees, and for giving further
encouragement to the importation of Naval Stores be
publish'd in their respective Governments, and you
are to take especial care, that the said Acts or such parts
of them as are in force be duly observ'd, particularly
you are to mark all such trees fit for the use of Our
Royal Navy (not being the property of any private
person) and to restrain as much as possible the liberty
taken, of cutting down trees fit for Our service, accord-
ing to the directions of the said Acts. And whereas a
doubt has arisen upon the words of the latter Act,
whether trees of 24 in. diameter at 12 in. from the
ground, growing within any township or the boundaries
AMERICA AND WEST INDIES. Ill
1728.
thereof, be restricted to H.M., or whether the people
there have not a power to cut them for their own
private use, altho' by the Charter granted to the
Colony of the Massachusets Bay, such trees are reserv'd
to the Crown ; you are to understand that nothing
contain'd in that Act can be construed to take away
the right reserv'd to the Crown by the said Charter,
as to trees of 24 inches diameter at 12 inches from
the ground, whether the same are growing within or
out of any township ; The intention of the Act being to
make a larger provision for preservation of white pine
trees than was done by the Charter, by prohibiting
under penalties, the cutting down such trees growing
without the limits described in the Act without H.M.
licence, notwithstanding they might be the property
of private persons, and of dimensions different from
those describ'd in the Charter ; you are therefore not
to suffer any such trees to be cut altho' they do grow
within the bounds of any township, without your
licence for that purpose ; and if you discover any
offending therein, you shall prosecute them according
to law. And whereas We are desirous that these Our
Dominions be furnish'd with pitch, tar, hemp and other
Naval Stores from Our Plantations rather than from
foreign parts ; you are, upon your arrival in America,
to use your best skill and care in instructing the
inhabitants of Our Colonies in the right and proper
method of producing, making and fabricating of tar
and pitch, and to direct them as well in the choice of
tree, as land proper for the producing these commod-
ities, as likewise for producing hemp, and such other
Naval Stores as are imported from the East Countries,
and other foreign parts. You are to endeavour by
your advice and instructions to correct any errors the
inhabitants may run into, in the manufacturing the
said commodities. You are to advise the inhabi-
tants that they take care that all such pitch and tar
as shall be shipp'd from thence, be good and merchant-
able, free from dirt and dross ; and that the respect-
ive makers of those commodities do put their names
and place where such commodities were made, upon
each cask in which the said pitch and tar shall be put.
You are to make application to Our Governors in those
parts, that they endeavour to get such Acts pass'd in
their respective Governments, as may be proper for
encouraging the said undertaking, and for preventing
abuses that may be committed therein. You are to
keep a particular account of all your proceedings here-
in, and what progress you make from time to time,
112 COLONIAL PAPERS.
1728.
as also what particular obstructions you shall meet
with, if any, and give an account thereof to Us, by one
of Our principal Secretaries of State, and to Our
Commissrs. for Trade and Plantations, as also to
Our Governors of the respective Plantations where
you shall be, together with your opinion what further
orders or instructions may be requisite for ye perfecting
this so necessary and advantagious undertaking.
[C.O. 324, II. pp. 103111.]
June 5. 235. Mr. Popple to Mr. Fane. Encloses for his opinion in
Whitehall. j n point of law Act of Antigua, 1728, for encreasing the salary of
the present Agent, and for appointing how long he shall continue
in his Office. [C.O. 153, 14. p. 403.]
June 5. 236. Mr. Fane to the Council of Trade and Plantations.
Report upon Act of New York for preventing prosecutions by
informations. The Act recites that many of H.M. subjects have
been lately prosecuted in the counties and Supreame Court
upon information filed against them by the Attorney Generall
and his Deputies, tho' the matters charged against them have
been generaly trivial and inconsiderable, therefore it is enacted
that all informations filed by H.M. Attorney Generall now
depending shall be quashed etc. and all such process and
proceedings are to cease after the publication of this Act etc.
And it is enacted that thereafter no person shall be troubled
in his liberty or estate by the King's Attorney General upon pre-
tence of any misdemeanour committed otherwise then by
presentment of a Grand Jury or by information by an order
from the Governor signed in Councill etc., and the party so
presented shall be brought to trial the second Court after such
information filed or be discharged the Court without paying
of any fees etc., etc. It is further enacted that if the Attorney
Generall shall prosecute any person contrary to the true intent
and meaning of this Act etc. he shall forfeit 100 currant money .
etc. I think this Act a very violent and extraordinary attaque
upon the prerogative of the Crown, for the right the Attorney
Generall has to file informations is delegated to him from the
King and has been ever thought a most essential and necessary
power with regard to the security of the publick tranquility,
as well as for the service and protection of H.M. revenue, and I
apprehend the destroying that power thus, will be attended by
very ill consequences ; for if no delinquent is to be prosecuted
without going through so solemn an enquiry whether it be
expedient or not, I believe it will be an encouragement to wicked
men to perpetrate the worst of villanies in hopes by justice being
delayed which it must necessarily be in this form of proceeding
they may escape that punishment they justly deserve, and which
in policy ought to be as speedy as possible etc. Calls attention
AMERICA AND WEST INDIES.
113
1728.
to the quashing of all prosecutions now depending, which must
be attended with many inconveniencies. Continues : The
imposing a fine upon the Attorney General if he does not pursue
the directions of this Act is an unprecedented step and a high
reflection upon the honour of the Crown ; for can it be supposed
H.M. will appoint an Attorney Generall who is so unwilling to
do his duty that he must by the fear and dread of punishment
be forced to put the law in execution etc. Signed, Fran. Fane.
Endorsed, Reed. 7th, Read 27th June, 1728. 5| pp. [C.O. 5,
1054. ff. 279 2810., 282z;.]
June 5.
June 6.
Whitehall.
June 7.
Jamaica.
237. Same to Same. Has no objection to 8 Acts of New
York referred to him 1st May etc. Signed, Fran. Fane. Endorsed,
Reed. 7th June, 1728, Read 18th Nov., 1729. 1| pp. [C.O. 5,
1055. ff. 42, 42v., 48i>.]
238. Order of Committee of Privy Council. Upon consid-
eration of a report layd this day before their Lordships, made
by Mr. Attorney and Mr Sollicitor General to the Lords of
Trade, (v. 3rd June) relating to an article in the General Instruc-
tions to the Governors of H.M. Plantations in America, directing
them to notify to H.M. subjects under their Government, the
purport of the 5th and 6th Articles of the Treaty of Peace elc.
1686, and directing the said Governors to take particular care
that the same be punctually observed and put in execution,
and their Lordships observing, that the Governors have so far
mistaken the sense of the said Articles and their Instructions
grounded thereon, as to proceed to the condemnation of ships
and cargoes belonging to H.M. subjects under pretence of their
having contravened the said Articles by trading to the French
Plantations, which was not the sense of those Articles, which
could only entitle H.M. Governors to condemn French ships
trading to our Plantations, there being no law to justify the
condemnation of ships belonging to H.M. subjects for such trade,
Their Lordships are therefore pleased to order that the Lords
Commissioners for Trade and Plantations do consider of a proper
Instruction to be prepared for H.M approbation whereby those
articles may be explained, so as to prevent the like mistakes for
the future, and that they likewise consider what laws it may be
reasonable to pass in the severall Plantations, for restraining
H.M. subjects from importing into British Plantations such pro-
ducts of the French Plantations, as may interfere with the
British trade, and lay the same before their Committee. Signed,
Temple Stanyan. Endorsed, Reed, llth, Read 13th June, 1728.
2pp. [C.O. 323, 8. No. 92.]
239. Governor Hunter to the Duke of Newcastle. Duplicate
of May 17, with postscript : The Solebay from Gibraltar arrived
C.P. xxxvi a
114 COLONIAL PAPERS.
1728.
here the beginning of this moneth with despatches for the
Spanish Viceroys. Signed, Ro. Hunter. Endorsed, Rd. Augt.
4th. 2f pp. Enclosed,
239. i. Duplicate of No. 196. [C.O. 137, 53. ff. 62 63t;.,
6669i;.]
June 7. 240. Same to Mr. Stanyan. Duplicate of May 17th, with
Jamaica, postscript relating to Miller (v. May 21st). Signed, Ro. Hunter.
Endorsed, R. Augt. 7th. 2 pp. [C.O. 137, 53. ff. 64, 640., Q5v.]
[?June8.] 241. Lt. Governor Gooch to the Council of Trade and
Plantations. The General Assembly not concluding their session
till the 30th of March, and the General Court immediately
following, it is not possible for me to get the transcripts of the
journals and laws of that Session in a readiness to be sent to
your Lordships any sooner ; however, I hope the conveniency
of sending them by John Randolph Esqr., the Clerk of the
House of Burgesses, who, going to England for the recovery of
his health, will be ready to satisfie your Lordships in any point
wherein you may desire to be further informed, will in some
measure excuse this unavoidable delay. I am now to make some
observations on the laws herewith sent, and shal begin with those
which are not to take place untill they receive H.M. approbation.
And the first is an Act for laying a duty on slaves imported and
appointing a Treasurer. By it a duty of 40s. an head is laid
on all slaves imported into this Colony for sale to be paid
by the importer, with the usual clause for the regular
collecting and paying that duty ; and for drawing back the whole
upon re-exportation within three moneths. This duty is to com-
mence upon H.M. assent to the act being publickly notified in
this Dominion, and thence to continue for three years and no
longer, the money arising from it is to be accounted for by a
Treasurer, and disposed of to such publick uses as the Governour
Council and Burgesses shall agree upon, etc. Though the
particular services for which this money is intended are not
express'd in the act, yet there is a constant charge wch. annually
arises for the prosecution of criminals, for recompensing the
owners of slaves condemn'd for capital offences, for discharging
the sallarys of many publick officers, and for keeping the Capitol
and other publick buildings in repair ; which cannot be supported
without such a duty etc. ; nor can anything of importance be
undertaken for the benefit of the publick without such a reserv'd
fund, seeing a poll-tax in tobacco has been found grievous to the
people, and through the incertainty of its value of very little
encouragement to people to engage in the public service. But
besides, 'tis the common topick among the people that while
the like or a greater duty on negroes subsists and has continued
for a long time in Maryland a Proprietary Government, it is hard
that they who are under H,M. immediate Government should
AMERICA AND WEST INDIES. 115
1728.
be restrained from the same means of securing and improving
their country ; and from these considerations moved the
Assembly to attempt the re-enacting a law which had been
formerly disapprov'd, in hopes that its conformity now to the
King's instructions, and the necessity of a fund for the publick
service, will induce H.M. to give it his royal sanction, for the
short time it is to continue. The only objection I think that can
be brought against this law is, the private interest of the
importer : but when it is considered that the price of negroes
will always be advanced in proportion to the duty, they can't be
sufferers by it. and the money will be taken out of their pockets,
who are the advocates for it. If therefore your Lordships have no
other exception, I hope the united desires of all the people of
this Colony will obtain your Lordships favourable representation
of it to his Majesty. The next is entd. an Act for erecting a light-
house on Cape Henry : By this act there's a thousand pounds
appropriated for building a substantial lighthouse of brick or
stone, and for purchasing grounds sufficient for that and the
keeper of it ; and for reimbursing that and defraying the
expence of keeping a constant light there for the conveniency
of shipping it is proposed that a duty one penny pr. tun according
to their measure be paid by all ships and vessels passing through
the Capes of Virginia. But this act is not to be in force untill
approved by H.M., nor unless the Province of Maryland pass an
act for raising and collecting the same light money on the ships
and vessels trading thither. I need add little to what is contained
in the preamble of this bill to shew the usefulness and expedi-
ency of this undertaking ; for surely there is no place of trade
where a lighthouse is more necessary : a flat coast for many
leagues on each side of the Capes, and scarce discernible in the
clearest weather above five leagues off at sea, surely requires
some noted landmark to guide the doubting mariner : the
sudden changes of the wind at those seasons of the year when
the ships most frequent this coast, makes it neceessary that
no time be lost for their getting in, since whenever the Northwest
wind begins to blow it is with great violence and holds generally
for many days, so that ships coming to soundings in the night
and having nothing to direct their course, are frequently drove
back to sea in the morning when by the conveniency of this
necessary and useful work they might have got within the Capes
in safety. And indeed considering the number and value of the
ships imploy'd in the trade of Virginia and Maryland it seems
strange that such a design hath been so long delay 'd : for since
I first propos'd it, I have not heard of any master of a ship
trading hither but what owns the use of it, and allows the duty
for supporting of it very reasonable. But as it is impossible
to account for popular humours, I am apprehensive this good
work may be obstructed by the refusal of the Assembly of Mary-
land to come into a law for raising the same duty, tho' 'tis certain
116 COLONIAL PAPERS.
1728.
the trade of that Province will reap a greater benefit by it than
that of Virginia : for as they and we receive the same advant-
age with respect to inward bound ships, so they of Maryland in
their outward bound voyage have by much the greater want
and occasion for it ; for our ships setting saile in the morning
from any of our rivers with a fair wind can get out of the Capes
before night, whereas the Maryland ships having a much longer
run down the Bay are frequently benighted before they can get
sight of the Cape, whereby it has happened that divers ships of
value have in the compass of a few years past been cast away on
the shoals either of the Horse-shoe, or middle ground which
extends a considerable way from the Capes up the Bay of Chesea-
peake and form a narrow and difficult chanell. I have lately had
an oppertunity, by a visit to me, to discourse with the Governor
of Maryland on this subject, and find him well inclined to forward
this project of a lighthouse, but cannot answer for the temper
of his Assembly which is to meet next October : and it may per-
haps afford them an handle for cavilling that this act now seems
to lay the duty on the Maryland shipping and exacts the obedi-
ence of that Province in their officers collecting of it. 'Tis true
the act might have been penn'd in smoother terms with regard
to that Province, nor can I excuse our Burgesses for framing
of it in that manner. But as publick benefits ought to overbal-
ance as well private interest as the transgression of common
forms, and as the Assembly of Maryland may word their act in
what strains they please so that the work be carried on and
supported ; I hope your Lordship's authority will prevail with
Lord Baltimore to recommend it to his Assembly, and wth.
the Maryland merchants to consent that the same duty be paid
by their ships as is imposed on ours : and this with his Majesty's
approbation which I hope will easily be obtain'd, will encourage
me and the other trustees immediately to sett about and finish
this necessary work. But if any obstruction should happen on the
part of Maryland, I doubt not but your Lordship's interest may
procure that provision by an act of Parliament to bind both
Governments to do that good to themselves and the trade of
Great Brittain which their own narrow views will not suffer them
to comply with. These are the only acts of a publick nature which
are to wait H.M. approbation before they can take effect etc. The
third is an act for the better and more effectual improving the
staple of tobacco, and is almost the same in substance with that
pass'd in 1723 by Mr. Dry sd ale, except that there are some
explanations added in this which are said to have been intended
by the former tho' doubtfully express'd. As that law continued
for three years without any exception taken to it that I ever
heard of, and it being found by experience that it did no ways
lessen the quantity of tobacco, but amended its quality, I need
say nothing more to recommend this to H.M.'s approbation,
unless that there is in it one clause not in the former obliging
AMERICA AND WEST INDIES. 117
1728.
the planters to a certain method in the tying up their tobacco
which both render it more merchantable and more effectually
discover any practices of packing therein trash or bad tobacco.
The fourth is an act for preventing excessive and deceitful
gaming : being copyed almost verbatim from an Act of Parlia-
ment made in the ninth year of Q. Anne, needs no further
recommendation than what the wisdom of the British Parliament
has already given it. and as I found the evill intended to be
remedyed by it there, required equal redress here, in regard of
the many loose and idle persons who were got into the same vile
way of spending their time ; I thought it not improper to apply
the same salutary penalties etc. The fifth an Act for the better
support of the clergy etc., and for better collecting parish levies.
By this act many disputes and controversies between the
Ministers and their parishioners on the construction of former
Laws a,re removed, the sallary of the Clergy made more easy,
and valuable, and a good provision established for building and
maintaining suitable habitations for them. And in fine, it
is such a beneficial act that the Clergy have great reason to be
well satisfyed with it, and I hope it will prove an encouragement
to good men to come and settle among us. The sixth, an Act for
preventing delays in the Courts of justice etc. By this act many
inconveniencies which were found in the former laws, partic-
ularly in relation to the proceedings in the General Court are
removed ; for whereas a common action of debt hitherto in
the General Court could not be brought to a determinate
judgment in less than eighten moneths, and often required a
longer time ; by the new method of practice established by this
act ; such a suit must have its determination the second General
Court, and in many cases judgment will be obtained the first :
and in general all causes whatsoever will now receive a more
speedy decision, and with less trouble to the Court. This new
method is also more conformable to the practice of the Court
of Westminster Hall, and will deserve the more applause on that
account. By this also is established a quick and summary way
of determining final causes in the County Courts and a restraint
laid on bringing appeals (wch. is here in place of writts of error)
for trifling causes. And on all these considerations I make no
doubt but it will prove a beneficial law, and such as may well
deserve to be made perpetual ; but at present it is only to be
in force for four years, because the Assembly were willing to try
the effects of it, before such an alteration was established as
this introduces in the method of practice. The seventh, an act
to explain and amend the act for declaring the negroe mulatto
and Indian slaves within this Dominion to be real estate etc. The
act now explained was made in 1706 etc., and 'tis said was intend-
ed at first to extend no further than to preserve the slaves of
persons dying intestate from the ill practices of administrators
who generally converted the slaves to their own use rendering
118 COLONIAL PAPERS.
1728.
only to the heir the apprais'd value : but by some other clauses
etc. it came to pass that people thought themselves enabled to
entail their negroes, and divers constructions have been made of
that law seemingly contradictory one to another ; such it seems
are the difficultys of making a perishable thing governable by
the same[s] rules of succession as lands of inheritance. To
obviate these inconveniencies and to remove and avoid all
doubt and disputes is the design of the act now pass'd ; whereby
slaves remain still a chattell in all cases of sale, gift or devise :
and the husband by the intermarriage hath the absolute
property of all slaves that did appertain to the wife. No entail
can be made of slaves unless they are annex'd to entail'd lands ;
and even in that case, they are liable to the debts of the tennant
intail. And by the latter part of this act another doubt is ex-
plained touching a clause of the act for distribution of intestates
estates, whereby the widow's right to her share of the real and
personal estate of her husband is more clearly settled. These
are the principal heads of this act against which great exception
is taken by many persons here, who urge that it is hard to vest
all the slaves of the wife in the husband who may squander away
his estate, sell her slaves, and leave her a beggar. That the
subjecting negroes settled with lands in tail to the payment of the
debts of the tenant in tail, to the prejudice of him in remainder,
is defeating the intent of the first donor, and must render
ineffectual all such settlements as are made for the encrease and
preservation of the estates in their descendants, inasmuch as
lands without slaves are of little value. But it is argued on the
other side that the inconveniency to the woman is no greater
than if her fortune consisted in money, where the absolute
property becomes the husbands and liable to his disposal :
that the hardship is much greater when a man marries a woman
whose portion is only in slaves, if after maintaining her many
years suitable to her rank and degree, and then she dying without
issue, her whole estate shall be taken away from her husband ;
and that if slaves were to be settled in tail in the same manner as
lands, many creditors would be defrauded, and especially the
British merchants, who can't be inform' d or always made ac-
quainted wth. such settlements, but generally give credit
according to the number of slaves they know a man is possess'd
of. These, my Lords, are the arguments for and against the bill,
which I submit to your judgment. The eight. An act for
making more effectual provision against invasions and insur-
rections, great part of this act is the same as one pass'd in 1706
and continued by many subsequent acts ; but there being sundry
defects in those acts, and the burgesses inclining to continue it
further for two [? years] only, did accordingly prepare a bill for
that purpose : when the Council resolving on a more [? effect]-
ual security rejected that bill and fram'd this now pass'd ;
wherein besides ascertaining of the pay the Militia are to be
AMERICA AND WEST INDIES. 119
1728.
paid by the publick if they are call'd out into service for above
two days at any one time, and their patroliiig to prevent in the
Holydays the consultations of negroes is declared a service for
which they are entituled to pay, which was not so before ; guards
are also by this act to be appointed by the Governor for the
several batteries, and some other necessary regulations for
rendring the service of the Militia more effectual. So that
upon the whole this is a beneficial law and liable to no exception
that I know of, unless that of its being temporary, for three
years only, which may be enlarged hereafter. The ninth.
An Act for the better securing the payment of levies etc. This is
the same in substance with an act bearing the same title pass'd
in 1723, and being only temporary was expired ; There are in
this act two new clauses, one to declare what shall be accounted
a legal settlement to oblige the parish to maintain their poor ;
and the other to prevent a Very unjust practice of masters of
ships in turning away sick and disabled seamen, and so leaving
them either to starve, or become a parish charge, both of which
are I hope without exception. The tenth. An act for the better
regulating and ascertaining the current rates of silver coin in
this dominion, and for preventing the evil practice of cutting
foreign gold into pieces. The drawing the silver coin out of this
country, and introducing in the stead thereof the gold coin,
which passes at a greater value was so sensibly felt in the
commerce of the country, that is it absolutely necessary to raise
the value of the silver in a nearer proportion to that of the gold
currency, which yet is much lower than the rates establish'd by
the Act of Parliament etc. The latter part of this act is intended
to prevent a very common but pernicious practice of clipping
the gold into small pieces for the conveniency of making up the
weight where payments are made in gold. This was first begun
in the Northern Governments, where all sorts of coin have been
thus clipt and defaced, and has of late been the occasion of passing
abundance of counterfeit mettle resembling gold, which has
pass'd unobserved through several hands, and the first practicers
of this fraud escaped undiscovered. So that it became necessary
to put a stop to such an evil wch. I hope this act will effectu-
ally do. The eleventh. An act for the better and more effectual
putting the penal laws in execution is founded upon the experi-
ence of the small effect that prosecutions on penal laws have
hitherto had towards the reforming of abuses and punishing
offenders, partly through the scruples of some Inferior Courts
to take cognizance of penalties of small value, but more especi-
ally through the want of knowledge in the persons who practice
the law in the County Courts, whereby many judgments on
penal laws have been arrested or reversed for defects in the
pleadings. This act therefore directs that penalties under 205.
may be summarily recovered on the presentment of the Grand
Jurys in the County Courts, and that no defect or omission in
120 COLONIAL PAPERS.
1728.
form shall stay or reverse judgments for any penalty under
five pounds or one thousand pounds of tobacco. This indeed
I am informed is not the practice in England : yet our circum-
stances differing greatly in respect to the persons practicing the
law in our County Courts, make it absolutely necessary to find
out a more effectual method of bringing offenders to punishment,
than by a strict adhering to forms, lose the effect of those laws
which provide for the public peace and the preservation of order
in the Government, and justice and morality in the members of
the community. The twelfth. An act prohibiting the exportation
of grain in time of scarcity. As this country has suffered greatly
by the avarice of merchants, who for private gain have exported
corn and wheat, when the necessity of the inhabitants required
rather supplies from abroad etc ; and as the prohibitions of the
Governour and Council, for want of a law to inflict punishment
on the offenders, were fruitless and contemptible : It was high
time for ye Legislature to resist so great an evil, especially, when
the small crops made the last year, and the great consumption
for the support of the stocks of cattle during the course of a long
and severe winter threatened the inhabitants with an uncommon
scarcity. Therefore this act gives power to the Governour,
with the advice of the Council to prohibit by Proclamation the
exportation of grain or other victuals when need shal require ;
and lays a penalty on the exporter of double the value of the
corn exported etc. The good effect of this act hath been already
felt by preserving for the supply of the inhabitants a great
quantity of corn bought up for exportation, and which would
certainly have been carried out, notwithstanding my Proclama-
tion, but for this seasonable precaution. The thirteenth. An act
for establishing the fees of certain officers etc. Here the fees of the
Secretary, County Court Clerks, Sheriffs, Coroners and Const-
ables are anew regulated and ascertain'd for the space of three
years etc. Some new fees are added and others moderated
according to the nature of the service ; the former law being
expired etc ; and because the new regulation in the Courts of
justice made it necessary to adapt the fees to the circumstances
of the several proceedings and that law being only temporary,
it was fit that those fees should remain no longer than the ser-
vices to which they are suited ; but if upon experience the one
be found useful, and therefore thought fit to be continued, the
other at the same time will receive its sanction. The fourteenth.
An Act for erecting a town in each of the counties of Spotsilvania
and King George is among the number of publick acts, seeing it
is grounded upon the general benefit which the trade of this
Colony will receive from it ; For those two counties, especially
the former, being greatly encreased in inhabitants and extended
on both sides the branches of Rappahannock River, and being
obliged to bring their tobacco to the first landings where that
river is navigable, which is just below the Falls : their industry
AMERICA AND WEST INDIES. 121
1728.
has been hitherto much discouraged for want of convenient
storehouses to lodge their commodities, and much more for being
deprived of the oppertunity of selling the same to advantage,
the land on both sides that part of the river being held by private
persons, who not only exacted exorbitant prices for storage,
but endeavoured to engross the whole trade themselves, since
no other merchant could settle there without the consent of the
owners, which was not to be obtained. To remove these incon-
veniencies it was judged expedient to appropriate 50 acres of
land on each side that river, and to lay it out into lots, for the
use of such as shal be inclined to build warehouses or fix stores
of goods there for the benefit of those remote inhabitants. And
that the owners of the land might have no reason to complain
care is taken to give them a very considerable recompence of
no less than forty shillings for each acre ; which in truth is some-
times as much as lands in those parts commonly are sold for ! tho
the owners of those lands have unwillingly parted with their
property for this use, and threaten to attempt the repealing
this Act ; yet I must declare their complaints are founded,
more on their humour and passion than on reason. For the
Assembly had no other means to relieve the hardships of the
Frontier people, and what they have now done is, with remark-
able regard to justice and to the interest of ye proprietors if
they know when to be contented ; since both their present
recompence is very sufficient, and the future value of their
adjacent lands will be considerably augmented, if, as 'tis hop'd,
those design'd towns come once to be peopl'd. So that I hope
your Lordships will give little attention to the very unreasonable
clamours of private persons, in a matter wherein the publick is
so much benefited, as, with submission, I think it is by this act.
The Fifthtenth. An act for encouraging adventurers in Iron-works.
This Act exempts the servants and slaves employed in any iron-
work already sett up, or which for the space of 21 years next
coming shall be sett up, in this Colony, from the payment of all
publick County or Parish taxes for five years, after the end of
this Session of Assembly, or for five years from the begining
of their respective undertakings. They are also to have roads and
bridges made for them by ye Countys in which they are erected,
and to have some other priviledges of less moment, that the
persons employ'd in those works, which require constant attend-
ance, may not be diverted from their business. I doubt not your
Lordships are well satisfied that the making and carrying to
Great Brittain pigs of iron is of great advantage to the trade
thereof, as well as to the benefit of this country ; and that such
encouragement as the Assembly have thought fit to allow by this
Act, will meet with all fitting countenance from your Lordships
Board. The Sixthtenth. The Act for raising a publick levy being
what passes in course every Session, for the payment of the pub-
lick tobacco debts, all that I shal remark thereon is, that seven
122 COLONIAL PAPERS.
1728.
and a half pounds of tobacco p. pole for near two years publick
charge, is an evidence of the usefulness of the duty lately
laid on liquors, which has thus lessened that Pole Tax, so as to
render it thus easy to the people. Having thus gone through the
several Acts which are of more general concernment, it remains
that I make mention of the few others which are calculated for
remedying particular inconveniencies. Such are The 17th.
An Act for dividing the County Henrico. The 18th. And an Act
for erecting a new county on the heads of Essex, King and Queen,
and King William Counties. These two are occasioned by the
earnest desires of the people in those parts of the Colony who
having since the formation of those first Counties extended their
settlements far from the usual places of holding their Courts of
Justice ; the Assembly have for their ease erected two new coun-
ties whereby the inhabitants may with more conveniency attend
their Courts, be ready at the Musters of the Militia and other
publick meetings. The 19th. An Act for killing squirrels and
crows in the counties of Accomack and Northampton. It seems
these two counties are more than any other in the Colony
infested with these destroyers of the fruits of the earth. Whether
their nearness to Maryland, on the eastern shore, where the like
law has subsisted many years, has driven them to seek after a
safe retreat elsewhere, or what other cause it be, the people have
laboured for some years past to obtain such an Act as is now
pass'd, whereby every master of a family is obliged to kill or
cause to be kilPd six squirrels or six crows for every tithable
person in his family, under the penalty of three pounds of
tobacco for every one he is deficient in, to be applied for lessening
the County levy. And this to continue for three years, by which
time the people are in hopes to free themselves from the injuries
they receive from these enemies to their crops. The 20th. An
Act for dissolving the present vestry of the parish of Elizabeth
City etc. This was obtained from the general complaints of the
inhabitants of that parish, of many irregular proceedings of
the said vestry, and upon an hearing of the parties there being
found some reason on the part of the petitioners, it was thought
fit to allow them a new choice. But whether the justice and
consideration of the new vestrymen will be greater than that
of their predecessors must be left to time. All I shall say of this
bill being, that it is sometimes necessary to yeild to popular
humours, where the publick receives no prejudice by it, rather
than to increase discontents for the sake of private interest.
The 21st. An Act, to prevent swine running at large within the
the limits of the town of Norfolk is of the same nature with others
pass'd in former Assemblies in favour of particular townships
and therefore needs no comment, since the reasons for
restraining those kind of creatures are obvious. The 22nd.
There is one private Act which still remains, that pass'd this
Session, and that is an Act to enable William Farrer and Thomas
AMERICA AND WEST INDIES. 123
1728.
Farrer to sell and convey certain entail' 'd lands, and for settling
other lands and negroes of greater value to the same uses. As your
Lordships will be attended by the person concerned for obtaining
H.M. Royal approbation ; I need only to observe that this
bill has pass'd in all the forms required by H.M. Instructions
and as no one offered to oppose it here, I must believe that all
parties are entirely satisfied with the exchange proposed thereby,
and desirous of its receiving that sanction which is necessary to
secure their respective interest. I have further to acquaint your
Lordships that towards the end of this Session, the Burgesses
had under consideration the great loss and inconvenience which
this Colony sustains by being deprived of the liberty of stemming
tobacco ; and agreed upon an address to H.M. and a Petition to
the House of Commons for repealing that part of a late Act of
Parliament whereby the importation of tobacco stript from the
stalk is prohibited ; in both which the Council concurr'd with
them. The reasons suggested for altering the Law in this partic-
ular, are at large sett forth in the said Address and Petition, and
in the Journal of the Council in Assembly of the 28th of March,
to which I beg leave to refer, without offering any opinion of my
own further, than that having discoursed with many persons
concerned in the trade, I find it generally agreed that abundance
of good tobacco is now thrown away, which would have been
ship'd home had the planters been at liberty by stemming to
separate it from that part of the leaf which is really bad ; and it
seems to be also agreed that much of this kind of tobacco thrown
away by the owner is yet by their servants and slaves made up
into bundles and sold at a small price to sailors, who can have no
other view of profit thereby than the running it without paying
the duty ; and if this be so, as I have great reason to believe it is,
I doubt not, this application of the Assembly will meet with a
favourable reception. I must not omit informing your Lordships
of one thing which has occasioned a difference between the Coun-
cil and Burgesses this last Session, and which, I am apprehensive,
may afford matter of discontent in future Assemblies. The
Burgesses past a resolve for paying their own attendance in
Assembly out of the publick funds raised by the duty on liquors
at the rate of tenn shillings for each hundred of tobacco allowed
them by law. This resolve being sent up to the Council for their
concurrence, was rejected : whereupon the Burgesses immediate-
ly prepared a bill to apply the money in the Treasurer's hands
towards the discharge of their salarys ; but this proceedings
was so much dislik'd by the Council that the bill was thrown
out by a greater majority than had voted against the resolve,
to the great discontent of the House of Burgesses at their second
disappointment, and it cost me no small trouble before I could
bring them again into temper. The Burgesses insist that the
duty on liquors being laid for lessening the levy by the poll,
the payment of their salaries is one of the uses for which it was
124 COLONIAL PAPERS.
1728.
appropriated ; since that must otherwise be raised by a poll tax
on the people, and that it has been so discharged in four successive
Sessions : viz. two in the time of Govr. Spotswood and two in
the time of Govr. Drysdale. On the other hand the Council urge
that the levies intended to be lessen'd by the duty have ever been
understood to be no other than the publick levy chargeable
equally on all the people of the Colony ; whereas the sallaries
of the Burgesses are chargeable only on the inhabitants of the
respective Counties by whom they are chosen ; and that it
would be an unequal distribution of the publick money to allow
the same share of it to a county which has a thousand tithables
as one that has three thousand ; that when the payment of
Burgesses was first introduced, there was a considerable sum in
bank, but that now there is not so much as will refund the money
appropriated for the encouragement of the hemp manufacture,
which has since been applied to other public uses ; and lastly, that
the Act of Assembly having expressly appointed the Burgesses
to be paid by their Counties, the Council cannot consent to their
being paid in any other manner whilst that Act subsists. Thus
I have stated to your Lordships the ground of this dispute,
and can't help saying that I'm much concerned it should arise
under my administration ; being convinced that 'tis not yet
ended ! And am therefore very desirous to receive your Lord-
ships commands in what manner I am to act if any such resolu-
tion of the Burgesses should be taken hereafter ; since it may
happen that by the change of persons in the Council, or by the
necessary absence of some of those gentlemen who have now
opposed this way of payment, a contrary vote may be carried
in both Houses, and then it will rest solely upon me either to
dissolve the Assembly by my dissent, or by my assent to lessen
the publick fund which may be necessary to be employed for
more publick services. And herein your Lordships Instructions
shall be my guide. I have but one thing more to mention
relating to the proceedings of the Assembly and that concerns
my self, on the 27th of February the Burgesses pass'd a vote
for presenting me with the sum of five hundred pounds curr.,
and by their address to me at the conclusion of the Session,
have in very obligeing terms requested my acceptance of it ; but
as I [am strictly ty?]ed up by my Instructions not to accept any
present from the Assembly, I must humbly entr[ea] yo[w]
Lordships favour so to represent this act of generosity of the
Assembly, as that I may obtain H.M. permission to accept
thereof, which I hope will not turn to the prejudice of H.M.
service, having fix'd it as my unalterable resolution that my
private interest shal never divert me from the pursuit of my
duty ; and I hope it may not be impossible to promote the
interest of the Crown and at the same time preserve the goodwill
of the people. Having now done with the transactions of the
Assembly and designing to treat of the other affairs of the
AMERICA AND WEST INDIES. 125-
1728.
government in a letter apart, I shall conclude etc. Sinned,
William Gooch. Endorsed, Reed. 30th July, Read Oct. 8th, 1728.
Torn. 71 pp. [C.O. 5, 1321. ff. 39, 40- 43t;. (ivith abstract).]
June 8. 261. Lt. Governor Gooch to the Council of Trade and
pi antat i ons> since my last of the 14th of February, I had the
honour to receive your Lordships of the 12th of December ;
and take this first oppertunity to make my humble acknowledg-
ments for the expressions of your Lordships favours to me. I now
send by the conveyance of Mr. Randolph the Council Journals
and other publick papers required by my Instructions, and shal
only trouble your Lordships with some few notes thereon.
Sometime since I informed your Lordships that pursuant to
your commands I had caused the opinion of the Attorney and
Sollicitor General to be regist'red in the proper offices : and in
the Council Journal of the 21st of March your Lordships will be
pleas'd to observe a determination agreable to that opinion of
some disputes between the King's officers, and the agent of the
Proprietors of the Northern Neck in relation to sundry fines and
forfeitures that have heretofore accrued in that territory,
and rules laid down for the better collecting such of them as
may hereafter become due to H.M., which will prevent all
controversy for the future. Having according to what I advised
your Lordships in my last given commission to Mr. Byrd, Mr.
Fitzwilliams and Mr. Dandridge three of the Council to meet the
Commissioners of Northern Carolina in order to settle the bound-
aries. They mett at Currobuck Inlet on the 5th of March, and
with much labour and difficulty proceeded about 70 miles on the
line as your Lordsps. will find by their Journal which is now
sent markt No. 1 . But to the great surprise of all who had read
the report of former Commissioners, it is now found that instead
of gaining a large tract of land from North Carolina, the line
comes rather nearer to Virginia than that which Carolina has
always allow'd to be our bounds : (I have herewith sent the plan).
This mistake has proceeded from a false observation of the
Latitude, and from not adverting to the variation of the compass
which is now found to be 3 from the true west point ; yet as it
is necessary to put an end to a controversy, which, it seems has
been for many years attended with much inconveniency to both
Governments, and no small detriment to private persons, whose
debtors found a safe retreat within the bounds in dispute, where
the laws of neither Province could reach them, so it will be a
considerable augmentation of H.M. Revenue that the boundaries
in the inland part of the country and towards the Mountains be
fix'd, the uncertainty whereon has hitherto discouraged the
people from taking up H.M. lands, and making settlements on
that frontier. To this purpose the Commissioners are again to
meet in September to perfect that work ; and though the expence
thereof is like to prove considerable, I hope it will be more than
126 COLONIAL PAPERS.
1728.
recompenced in a few years by the increase of H.M. quit-rents,
and other advantages as well to the trade as to the security of
this country. Upon the arrival of H.M. ship the Biddiford about
the middle of April and the intelligence the Captain mett with
at sea, that several Spanish privateers were fitting out in the
West Indies for cruising on this coast (which report was con-
firmed by the masters of several sloops trading that way) I
judged it necessary by an Order in Council of the 17th of last
month to lay an embargo on the merchant ships and to permit
none to sail hence but under the convoy of the man of war the
Captain whereof (who is a very diligent officer) has undertaken
from time to time to conduct them in safety off this coast,
whereby it is to be hop'd the designs of the enemy will be disap-
pointed, who, 'tis believed, will exert themselves with uncommon
vigour, by how much they perceive the nearer approach of
Peace, which, I hope, is not now far off. The surprizing number
of caterpillars with which this Colony was infested in the spring
of the year, together with the misfortune of a very short crop
of corn the last year, gave the people terrible apprehensions of
the consequences (and for which I appointed a fast) but God
has been pleased to remove the one with very small damage to
the fruits of the earth, and the other, I hope, is in a great meas-
ure remedied by the seasonable prohibition of the export of
grain, which, with the near approach of the wheat harvest, of
which there is a prospect of a plentiful crop, will afford a suffi-
cient supply for the necessities of the inhabitants I have only
this further remark to make on the Journals of the Council
that the great number of petitioners for land mentioned in the
Minutes of the 8th of February, and the publick accounts which
go herewith, will be an evidence of the increase of the Colony,
and the flourishing condition of the King's Revenue, nor is there
any reason to doubt, but that the Customs at home will still be
augmented by the export of tobacco, the product of those new
settlements. I shal by the next conveyance send your Lordships
a list of gentlemen fit to serve at the Council Board ; and lay
before your Lordships a state of the Stores of War. And by the
same opportunity shall present to the Board of Ordinance our
wants of that kind, which I hope to obtain the more easily upon
the happy conclusion of that Peace now negociating ; for even
then our coasts, nay I may say our roads and harbours in all
likelihood will be infested with pirates. I informed your Lord-
ships by a letter in a Bristol ship, I think it was, that altho'
my orders were as quick as possible, the masters of the ships,
taken in September last, were in three days with the men they
had with them all dispers'd. and I could get no further knowledge
of them ; and this letter was sent 19th Oct. and this is the
substance of it. I thought it best to send all the publick papers
in a box directed to your Lordships by Mr. Randolph, with orders
to deliver them himself without the charge of postage, which I
AMERICA AND WEST INDIES.
127
1728.
June 9.
Virginia .
261.
was sensible would amount to a considerable sum : to forward
this by post as soon as he arrives in England, and in this I hope
I have not err'd etc. Signed, William Gooch. Endorsed, Reed.
30th July, Read 8th Oct., 1728. Holograph. \lpp. Enclosed,
261. i. List of papers enclosed, i p.
ii. (a) Proclamations by Lt Governor Gooch, April 17,
1728, prohibiting the entertainment of sailors belonging
to H.M. ships of war etc. (b) Proclamation, 27th
April, 1728, prohibiting the exportation of grain etc.
(c) Proclamation, 27th April, 1728, appointing a day of
fasting. " Whereas it hath pleased Almighty God in a
very surprising and unusual manner to overspread
this Dominion with vast multitudes of catterpillars "
etc. Endorsed, Reed. 30th July, 1728. 3 pp.
iii. Journal of Commissioners for settling boundaries
betwixt Virginia and Carolina. 5th March 5th April,
1728. Signed, W. Byrd, R. Fit/,william, W. Dandridge.
Same endorsement. 9j pp.
iv. Account of H.M. Revenue of Virginia. 25th Oct.
1727 25th April, 1728. Totals, 7736 8 2J, including
balance brought forward, 6304 6 ll. Disbursements,
2431 13 2. Carried forward, 6304 15. Signed and
sworn by John Grymes, Recr. General. Audited by,
Henry Willis, Depty. Auditor. 2 pp.
v. Account of H.M. revenue of Quit rents, 25th April,
17271728. Totals, 6176 11 f, including balance
brought forward, 3277 3 10. Expenditure, 1069
2. Balance carried forward, 5107 Of. Signed
as preceding. Endorsed as No. ii. 4<pp. [C.O. 5, 1321.
ff. (including abstract) 44 45, 4Qv. 50, 5Iv 5Qv.,
261.
261.
261.
262. Lt. Governor Gooch to the Duke of Newcastle. I have
now the honour to convey to your Grace the journals and acts
of a General Assembly, which has been lately held here, and
wherein there are many things past, which I hope may be of
singular benefit to this Colony, Your Grace will be attended by
a Gentleman of this country, one Mr. Randolph appointed by the
Assembly to bring over an Address to H.M. and a petition to
the House of Commons for taking off the prohibition laid by
Act of Parliament on the importation of stemm'd tobacco
which is represented to be as greatly to the prejudice of H.M.
Customs, as it is injurious to the Planters here, a considerable
part of whose labour is rend'red useless by it. I am perswaded,
if nothing else stands in its way, I need use no arguments to
induce your Grace to favour this representation, where the
King's interest concurs wth. the benefit of his people. I shal
not trouble your Grace with any observations on the Journals
of the Council or other publick papers which go with this
conveyance : but beg leave humbly to recommend the case of
128 COLONIAL PAPERS.
1728.
one Sarah Williamson a poor Indian woman convicted here
for the supposed murder of her own child, though she was then
a married woman, and not under any temptation to conceal
the birth of it. There were indeed very strong presumptions but
no possitive proof of her guilt : but her Christian behaviour
during the time of her tryal and imprisonment, her resignation
under her sentence, her willingness to die, and at the same time
her constancy in denying the fact, with some other circum-
stances, perswade me that she was not guilty, and that her
ignorance betray'd her into the resolution of burying the child
privately, which she constantly affirms was born dead. Where-
fore I humbly pray your Grace so to represent this state of her
case to H.M. for his royal mercy, that she may be put into
the next Newgate pardon as has been the practice heretofore in
cases of the like nature, or that I may have H.M. warrant for
passing her pardon under the seal of this Colony. I very much
depend upon your Grace's favour, that I may be allowed to accept
of the present made to me by the Assembly, and which, by their
Address to me at the conclusion of the Session, they did in very
obliging terms request my acceptance of, 'twas 500 curr. wch.
is, if anything, but little more than 400 ster. Living here my
Lord Duke is much more expensive than formerly, and not
many years since 300 would have done as much as 700 will do
now. I am above all things intent upon the faithfull discharge
of my duty to my Royal Master etc. Signed, William Gooch.
Endorsed, R. July 30th. Holograph. 1 p. Enclosed,
262. i. Address of the Council and Burgesses of Virginia to the
King. Your Majesty's most dutiful and loial subjects
etc. having experienced the late Act of Parliament,
whereby the importation of tobacco stript from the
stalk is prohibited, are persuaded, that on the one hand
the industry of the planter is greatly discouraged, and
bad and unmerchantable tobacco shipped off from
hence is increased, while a greater quantity of a better
sort of tobacco is suppressed ; and, on the other, your
Majesty's Customs are considerably diminished, and
many frauds in the running such tobacco are introduced
and encouraged. In consideration whereof we presume
in all humility to apply to your sacred Majesty and at
the same time to petition your Parliament for relief
etc. Propose repeal of part of said Act. Signed, in behalf
of the Council, Robert Carter ; Jn. Holloway, Speaker
of the House of Burgesses. Endorsed, Rd. Novr., 1728.
1 large p. [C.O. 5, 1337. Nos. 42, 43.]
June 9. 263. Capt. Bowdler to the Council of Trade and Plantations.
Salop. Describes unhealthy position of Fort King George etc. Signed,
John Bowdler. Endorsed, Reed, llth, Read 13th June, 1728.
Addressed, Postmark, Shrewsbury. I p. [C.O. 5, 360. ff. 70, 70i;.]
AMERICA AND WEST INDIES.
129
1728.
June 12. 264. Order of King in Council. Repealing Act of St. Christ-
st. James's, ophers repealing an Act for settling 2000 on Governor Hart etc.,
in accordance with the report of the Council of Trade (v. A.P.C.
Ill, 147). Signed, Temple Stanyan. Endorsed, Reed. 19th Oct.,
Read 20th Nov., 1728. 2 pp. [C.O. 152, 16. ff. 359, 359i;.,
June 12.
St. James's.
June 12.
St. James's.
June 12.
St. James's.
June 12.
St. James's.
June 12.
St. James's.
265. Order of King in Council. Confirming Act of St.
Christophers, against covenous and fraudulent conveyances, the
Committee of the Council to whom it and the representation
upon it were referred having heard Counsel for both parties, and
reporting that the main objection is the loss of a small casual
profit to the petitioner against it, and agreeing in opinion
with the Lords Commissioners for Trade, that the same ought
not to stand in competition with so great and general a good,
as in all probability will result to the inhabitants and commerce
of St. Christophers from this Act. Signed and endorsed as
preceding. 2| pp. [C.O. 152, 16. ff. 861 862i>.]
266. Order of King in Council. Approving drafts of Instruc-
tions for Lt. Governor Pitt and appointing Councillors proposed
etc. Signed, Temple Stanyan. Endorsed, Reed. 19th Oct., Read
20th Nov., 1728. IJrd pp. [C.O. 37, 12. ff. 31, Sir;., 34i;. ; and
5, 193. ff. 601, 601 v.]
267. Order of King in Council. Approving draughts of
Additional Instructions for the Governors of New Hampshire,
the Massachusets Bay, Rhode Island, Connecticut, New York
and New Jersey, directing them to be aiding and assisting to
H.M. Surveyor Generall of the Woods and his deputies etc.
Signed and endorsed as preceding. 1 p. [C.O. 323, 8. No. 96 ; and
5, 194. /. 411.]
268. Copies of above Instructions to Governor of New
Hampshire and Governor and Company of Rhode I. [C.O. 5,
194. ff. 412, 416.]
269. Order of King in Council. Referring following to the
Council of Trade and Plantations for their report. Signed,
Temple Stanyan. Endorsed, Reed., Read 14th June, 1728.
1 p. Enclosed,
269. i. Petition of Francis Whitworth to the King. There is no
salary attached to the offices of Secretary of Barbados,
Secretary to the Governor, Secretary to the Governor
and Council and Clerk of the several Courts, to which
offices petitioner was appointed in 1718. He is at very
great and constant expence in providing an office and
stationary ware, and clerks to make copies of Minutes
and Acts. There is due to him from the Public for fees
C.P. xxxvi 9
130
1728.
COLONIAL PAPERS.
from 2nd April 1719 to 1st March, 1726, 1333. 12. 6.
Prays H.M. to recommend to the Government of the
said Island payment thereof. Signed, Frans. Whit-
worth. Copy. l*pp.
269. ii. Account of F. Whit worth as preceding. Signed, Frans.
Whitworth. Copy. If pp. [C.O. 28, 19. ff. 184, 185
June 12. 270. Order of King in Council. Referring to Committee
St. James's, representation of 10th Nov. 1726 on the Bahama Islands.
Signed, Temple Stan van. Endorsed, Reed. 19th Oct., Read
20th Novr., 1728. I p. [C.O. 23, 2. ff. 178, 179i>.]
June 12.
St. James's.
271 . Order of King in Council. The representation of the
Board of Trade upon Col. Philipps' memorial is referred to a
Committee of the Privy Council. Signed, Temple Stanyan.
Endorsed, Reed. 19th Oct., Read 20th Nov., 1728. 1 p. [C.O. 217,
5. //. 93 ; 94.]
June 12. 272. Order of King in Council. Referring to a Committee of
St. James's, the Privy Council the petition of Duke of Montagu for a
grant of Tobago etc. and the report of the Council of Trade there-
on. Signed and endorsed as preceding. 1 p. [C.O. 28, 20.
ff. 64, 65i>.]
June 12. 273. Order of King in Council. Approving draught of
St. James's. Instructions for Governors for the alteration- in the prayers for
the Royal Family etc. Signed and endorsed as preceding. 1 p.
[C.O. 323, 8. No. 94.]
June 12. 274. Order of King in Council. Approving new Seals for
St. James's. Massachusets Bay, New Hampshire, New Jersey and the Bermu-
da Islands, and ordering warrants to be prepared for Governors
to use them and return the old ones. Signed, Edward Southwell.
Endorsed, Reed, llth, Read 16th July, 1728. 1 p. [C.O. 5, 870.
ff. 117, 118.]
June 12. 275. Order of King in Council. Referring representation
St. James's. O n petition of John Elliot to the Lords Commissioners of the
Treasury, " to do therein for the petitioner as to their Lordships
shall seem proper." Signed, Temple Stanyan. Endorsed, Reed.
19th Oct., Read 20th Nov., 1728. 1 p. [C.O. 5, 870. ff. 125, 126r.j
[June 12.] 276. Memorial of loss and damage (2611. 18. 9) sustained
by Thomas Rudge of Portsmouth, owner of the KiUmiston and
part cargo, and John Govan of London and the estate of John
Cawood, deed., South Carolina, and Samuel Hawling, owners of
AMERICA AND WEST INDIES. 131
1728.
part cargo (deerskins and rice), captured by a Spanish privateer,
July, 1727, in her voyage from Charles Town to London. No
signature or endorsement. 1 p. Enclosed,
276. i, ii. Accounts of above goods. Signed, John Govan.
Endorsed, Reed. 12th June, 1728. 2 pp.
276. iii. Memorandum of vouchers. \C.O. 388, 27. Nos. 67,
67. i iii.]
[June 12.] 277. Memorandum of vouchers, mislaid, for the losses of
the William and Cord of New England. Slip. [C.O. 388, 27.
A T o. 68.]
[Juue 13.] 278. Memorial of loss and damage (64. 4. 2) sustained by
Joseph Judge, of ye Pyde-Bull without Temple Barr, for goods
consigned by him to John Osborne and Company merchants
at Boston, on board the Anne brigantine, Thomas Jenkins
master, and captured 17th May, 1727 by a Spanish ship, in
her voyage from London to Boston. No signature, date or
endorsement. 1 p. [C.O. 388. 27. No. 69.]
[June 13.] 279. Invoices of goods shipped on board the Anne (v.
preceding} the property of and consigned to Capt. Gilbert
Bant (44. 18. 2), Andrew Faneuill (257. 3. 8), Thomas Fitch,
(402. 10), John and James Alford (181. 19. 2). 5pp. [C.O. 388,
27. Nos. 70 74.]
[June 13.] 280. Accounts of goods shipped on board the Anne (v.
preceding) belonging to Parkin and Stilwell, Ironmongers, in
Foster Lane (160. 10. 10) ; and of goods consigned to Samuel
Banister of Boston (354. 10) ; Thomas Clement of Boston,
(282 16 I-*-) ; Joshua Winslow, merchant, Boston (154).
Gpp. [C.O. 388, 27. Nos. 75 78.]
June 13. 281. President Middleton to the Duke of Newcastle. I am
^ownf sorr y. we are obliged soe often to represent to the Government
So. Carolina, the difficulty we labour under, from the new scituation of St.
Augustine to this place, who without any regard to peace or
warr, doe continually annoy our southern frontiers. The host-
ility s they commit upon us may be rather termed robbery
murders and pyracys, they acting the part of bandittis, more then
soldiers, theire cheife aim being to murder and plunder. Wee
formerly complained of their receiveing and harbouring all our
runaway negroes, but since that they have found out a new way
of sending our own slaves against us, to rob and plunder us ;
They are continually fitting out partys of Indians from St.
Augustine to murder our white people, rob our plantations
and carry off our slaves, soe that wee are not only at a vast
expence in guarding our southern frontiers, but the inhabitants
are continually allarmed, and have noe leizure to looke after
132 COLONIAL PAPERS.
1728.
theire crops. The Indians they send against us are sent out in
small partys headed by two three or more Spaniards and some-
times joined with negroes, and all the mischeife they doe, is on
a sudden, and by surprize : and the moment they have done it,
they retire againe to St. Augustine, and then fit out againe, so
that our plantations, being all scattering, before any men can be
got together, the robbers are fled, and nobody can tell how soon
it may be, or where they intend to make theire next attempt :
This trade they have followed these twenty yeares, and is a very
greate discouragement to the settlers of our southern frontiers
to be always obliged to hold the plough in one hand, and the
sword in the other. I shall not now repeat the representations
formerlymade on this score, but confine myself to what has
happened of late. In August 1726, the Governor of St. Augustine
fitted out a small party of Cussuba Indians from thence, who
came upon Trenches Island (within ten miles of Port Royall)
murdered and plundered one Richard Dawson and his wife.
In Sept. ] 726 they fitted out a small party of Yamasee Indians,
abt. seven in number, who entring the house of Mr. John
Edwards on Combahee River (within six miles of Port Royall)
and haveing murdered him, they tooke away all his household
goods and four negroes and carryed them to Augustine, where
they were seen by several of our people, who were afterwards
carryed there prisoners themselves. In June last, the Governour
of St. Augustine, fitted out a party of Indians, who comeing into
the settlemts. on the back of Port Royall, they first murderd.,
and then plunderd. one William Lavy and John Sparkes, spareing
the lives of their wives, but told them there was a large party
both of Indians and Spaniards fitting out from St. Augustine
who had received orders from the Governour to spare noebody.
On the 23rd or 24th of July last one Capt. Smalwood as he was
going up to his tradeing house at the forks at Alatamaha
neare H.M. Garrison in his perriaugua with four others namely
John Annesley, Charles Smith, Joseph Abbot and John
Hutchinsori were sett upon by 34 Indians that came from
Augustine, 26 whereof were Yamasees, who have sheltered them-
selves under that Castle for several yeares past, and murdered
and scalped all the five persons abovementioned, and then robb'd
them of all they had on board, to the value of 300 ; After this
they broke open the store and tooke from thence 3000 deerskins,
besides Indian tradeing goods. At the same time they tooke
three others prisoners, one John Gray and William Gray and one
Beans, and carryed them to St. Augustine where they were all
imprisoned by the Governour for several months ; The Govern-
our of St. Augustine received these Indians with a great deale
of pleasure and satisfaction, and paid them for the scalps of those
they had murthered. Whilst the Grays remained prisoners at
St. Augustine the Governour fitted out about 48 Indians more,
headed by two Spaniards. The Indians informed the said Grays
AMERICA AND WEST INDIES. 133
1728.
that theire orders were to kill and destroy all the white persons
they could and take what negroes they could, that the Governour
of Augustine had promised 'em 30 peeces of eight pr. head for
every white man's scalp and 100 for every live negroe etc. These
were supposed to be the party of Indians that soone after mur-
thered one Henry Mushoe and He/ekiah Wood within the body
of the settlement of this Province, and carryed off ten slaves ;
At the same time the Indians set upon Mushoe and Wood, the
Indians (out of respect to Wood) would have saved his life,
but a Spaniard tooke up a billet of wood and knock'd out his
braines ; These were pursued by a party of 15 of our men, under
Capt. John Bull, who retooke all the said negroes and plunder,
killed six Indians and one Spaniard they found the next
day and wounded many more of the Indians, who dyed
in their returne, soe that but few of them arrived at St.
Augustine and we lost one white man in the engagement ;
The Governour of Augustine seemed extreemly troubled
at this repulse made by Capt. Bull and to prevent the
Yamasees from being discouraged, he sent up to the Creeks to
joyne 'em and made another attempt. On 26th Sept. last the
Governour of Augustine fitted out two perriauguas manned with
six of our runaway slaves and the rest Indians who came upon
Trench Island and set upon the house of one Alexander Dawson,
where they killed and carryed away four children and four men
and women. The Indians would have murtherd them all, for the
sake of the scalps, but this time the negroes would not agree to
it, and the Spaniards themselves told Dawson, when he, together
with some of the rest, were carryed prisoners into St. Augustine,
that the Governour had agreed with the Indians to give them
30 peices of eight for each white man's scalp and a hundred
peices of eight for each negroe. It seems the Governour of St.
Augustine makes merchandize of our slaves, and ships them off
to the Havanah for his own profit, as we are told by the Spaniards
themselves at Augustine. In January last was twelvemonth,
they also surprized one of the souldiers of H.M. garrsion at
Alatamaha, and carryed him prisoner to St. Augustine. About
15th July last a Spanish Capt. with five souldiers came up to our
Creeks and made presents to the Indians, and perswaded them
to tye all our Indian traders and packhorse men, and carry them
to St. Augustine but the Indians refused. About 20th Oct. last,
the Governour of St. Augustine fitted out a schooner mann'd
with Spaniards and our own runaway slaves to steal other
slaves, and rob our plantations along the coast, who entring
North Edisto river surprized the plantation of one David
Ferguson, plunderd it, and carryed away seven slaves. When
this was complained of to the Governour of St. Augustine, he
pretended they were pirates and had no authority for it, when at
the same time we had several prisoners at Augustine who saw the
said schooner fitted out by the Governour's orders. By reason
134 COLONIAL PAPERS.
1728.
of these continual depredations and robberys committed on the
Southern frontiers, the inhabitants are continually allarmed, and
the companyes forced to be kept under arms almost perpetu-
ally, their plantations run to wreck, and the people (tired out
with fatigue) were all about to desert the most valuable part of
the country. At the same time our merchantmen were daily
taken off our harbours, by vessells fitted out from the Havanah ;
Upon these emergencys I called the Assembly together the 27th
of August last and upon mature advice with my Council, wee
agreed to form a party of 100 white men and about 100 Indians
to goe and cut off these Yamasees etc., and sent them under the
command of Col. John Palmer. Coll. Palmer on his march was
informed that they had sheltered themselves in an Indian towne
neare the Castle of St. Augustine. Coll. Palmer by secret
marches in the night arrived undiscovered on 9th March. He
fell upon the Indians at breake of day, and killed about thirty,
and tooke about fourteen prisoners and wounded several more,
but offered noe injury to the Spaniards, altho' it was in theire
power to have cut off theire whole towne (lying without theire
garrison). For I had given express orders not to molest any of
the Spaniards, but we think it an extreem hardship that the
Spaniards should daily head the Indians and our hands be tyed
up. I earnestly entreat your Grace that we may have some
special Instruction on this behalf. Our party set fire to an Indian
towne and plunderd an Indian Church, and tho' we offered noe
injury to the Spaniards, they fired all theire cannon on our men
from theire Castle walls for three days successively. There was
another expedition intended to be formed of 300 men to be sent
against the lower Creek Indians, who were too buisy in joyning
the Yamasees in some of these incursions. But the Creeks being
brought to reason by our Agent, that expedition fell to the
ground, which saved several thousand pounds expence. Much
about the same time I was obliged to fit out a sloope under the
command of Capt. Thomas Mount joy mannd with 90 men to
protect our coast from the Spaniards who tooke our vessells
off our harbour daily. Indeed I could not tell but that they were
Spanish pirates at first, for I was not under any apprehensions
of a warr between the two Crowns at that time. Inclosed is the
Commission and Instructions I gave to the Commander. All
these matters were carryed on by the unanimous consent of
H.M. Council and the Lower House of Assembly and agreable to
H.M. 95th Instruction. But when the moneys come to be raised,
the Assembly according to their wonted custom, would agree to
raise no moneys, but what should come out of the bills which
by law and H.M. Instructions were to be burnt or sunck, soe
that I was under this fatall dilemma of letting the people be des-
troyed etc. unless I did consent etc. Wherefore I hope your Grace
will hold me excused for consenting to a thing sore against my
inclination and which I could not possibly avoid. Inclosed I send
AMERICA AND WEST INDIES. 135
1728.
your Grace an attested copy of the resolve of the Lower House
wherein they declare that they would do it in noe other manner
whatsoever, then out of the fund for sincking these bills ; How-
ever I tooke care to continue the sincking fund by the same
Expedition Law, as soone as these charges were defrayed, and
which are now at an end ; Since the Spaniards have been soe
unjust as to misrepresent theire affaires by theire expresses to
the Havanah, that they were beseiged by the English with sever-
al thousand men, I am apprehensive they will make some use
of it at home ; But I assure your Grace there were noe more
then 100 white men and 100 Indians, as will appeare by the
muster rolls, and that we offerd no hostility to the Spaniards,
tho' it was in our power to have done what we pleased, and tho'
at the same time in our sight they threw 30 men into an Indian
fort to prevent our attacking it. Wee beg therefore your Grace
will obtain peremptory orders from the Court of Spaine to
theire Govr. at St. Augustine to cease these hostilityes, and in
case they continue 'em, wee may have leave from H.M. to doe
ourselves justice, for if our hands be soe strictly tyed up, this
country will be inevitably lost to the Crown of Great Britain.
Signed, Ar. Middleton. Endorsed, R. Sept. 3rd. 4| pp. Enclosed,
281. i. Act of S. Carolina for carrying on several Expeditions
against our Indian and other enemies, 1727. Copy.
Signed, Char. Hart, Secry. 2? pp.
281. ii. Journal and correspondence of Col. Charlesworth
Glover, Major David Durham, Commander of Fort
Moore, and others, relating to the Creek Indians,
March, 1728. Copy. 32% pp.
281. iii. Resolution of the Assembly S. Carolina, Sept. 2, 1727,
to pay for the Expedition out of the sinking fund etc.
Copy. \p.
281. iv. President Middleton's Commission and Instructions
to Col. John Palmer to command against the Yama-
sees. (v. covering letter.} Signed, Ar. Middleton. Copy.
I p.
281. v. Commission of Capt. Thomas Mountjoy for the
privateer, Palmer, Sept. 5, 1727. Signed, Ar.
Middleton. Copy, f p.
281. vi. Instructions to Capt. Montjoy for a cruise against
pirates etc. Sept. 9, 1727. Signed, Ar. Middleton.
Copy. I p.
281. vii. President Middleton to the Governor of the Havana.
Charlestown. 23rd March, 1727 (1728). I send you
these by a flagg of truce to inform your Excellency
that in Aug. and Sept. the coasts of this Province were
mightily infested and our vessels taken away almost
from our very harbours etc. I therefore fitted out an
armed sloop against pirates, which came up with the
Francis and Rebecca of London bound from Virginia
136 COLONIAL PAPERS.
1728.
with tobacco, but taken on that coast by Don Antoneo
Costaneo Jove, in the sloop Antoneo fitted out from
the Havana with your Excellency's Commission etc.
Returns the crew that had been put on board to carry
her in to Havana, and requests him to call the aggressor
to account etc. By private letters we are assured that
the Treaty between the two Crowns is at last signed,
etc. Signed, Ar. Middleton. Copy. l pp.
281. viii. Don Dionisio Martinez de la Viga, Governor of the
Havana, to President Middleton. Havana. 25th
May, 1728. Replies with compliments to preceding.
Continues /The sailing from this port of some vessels
with letters of marque could not be unexpected,
considering the hostilities committed on these coasts
by the squadron of Vice Admiral Hosier ever since the
beginning of April of the foregoing year, as well as
those of a sloop fitted out from Jamaica which cruized
off the Cape of San Antonio making prizes of several
Spanish vessels etc. and if this be permitted to be done
by the meanest of H.M. subjects being in perfect
peace, as yr. Honr. supposes, (without entering into
other proceedings which has been practised in these
seas,) etc., your Honour can have no just cause to
disapprove our true motives of resentment of such
proceedings etc. Explains that he detained the vessel
sent to him till news of the signing of the Treaty was
confirmed, and now sends her back with all the
prisoners that are there, etc. Signed, Don Dionisio
Marz. de lauizod. Spanish. Copy. I%pp.
281. ix. English translation of preceding. l%pp.
281. x. Same to Same. Havana. 3rd June, 1728. The sloop
has been detained twice owing to advices from the fort
of Apalache of its being besieged by the Indians and
English of your Government. Good motives and
reasons sufficient to detain her till that affair was
settled, etc. Has decided however to send back the pris-
oners etc. " promising myself that yr. Honr. will give
the necessary orders for the said Indians to retire,
supposing that motion did not directly proceed from
you " etc. Signed, Don Diosio de lauizd. Spanish.
Copy. I p.
281. xi. English Translation of preceding, f p.
281. xii. (a) \?Col. Parris] to Wargent Nicholson, Factor to
the Royal Assiento Company in the Havana. Charles
Town, March 27, 1728. Describes outrages committed
on the frontier plantations by Yamasee Indians
encouraged by the Governor of St. Augustine. Con-
tinues : Then the Governor of St. Augustine sent our
Govr. a very impudent sawcey letter, with a message
AMERICA AND WEST INDIES. 13?
1728.
by the prisoners to know if he was asleep, that he
suffer'd his frontier plantations to be cut off etc. I was
in company w r ith the Govr. when this message was
deliver'd him, on which he smiled, and gave orders
immediately to Col. Palmer to raise 100 white men and
100 Indians etc. v. covering letter. Continues : There
was not a man killed on our side, so that we have now
ballanced accounts with them, and they never will
come near us more. Palmer had positive orders not to
meddle with or hurt one Spaniard etc.
281. xii. (b) W. Nicholson to Col. Parris. Havana. May 14,
1728. I was glad to see a narrative of your proceedings
at St. Augustine, which was much multiplied here, etc.
The Governor of St. Augustine is privately condemned
as the agressor by all the impartial officers here, and the
Franciscan Fryers have been a long time expecting
such reward to the provocations which they have some
of them been eye-witnesses to etc. Signed, VVargent
Nicholson.
281. xii. (c) Col. Parris to \? President Middleton]. Charles
Town, 1st June, 1728. Encloses above letter (xii. a)
which has proved of good effect etc. Before it arrived,
the Governor of St. Augustine had advised the Gover-
nor of Havannah that we had invaded him with 8000
men, and how manfully he had defended himself etc.
The Factor laid my letter before the Governor and
Council. The Governor made answer it was a just
reward for the provocation the Govr. of St. Augustine
has given us etc. Signed, Alexander Parris. The whole
2pp. Copies.
281. xiii. Copy of 95th Article of H.M. Instructions to the
Governor of S. Carolina, Sept. 20, 1720. \p.
281. xiv. Muster-roll of officers and men (100) on the Exped-
ition against the Yamasees under Col. John Palmer.
1st May, 1728. Signed, William Peter, Capt., John
Hunt, Capt., A. Parris, Commissary. Copy. 2 pp.
281. xv. List of preceding papers. 1 p. [C.O. 5, 387. Nos.
81, 81. i xv.]
June 14. 282. Memorial of loss and damage (1400) sustained by
William Brooker of New England, commander and part owner of
the Faro merchant, seized by the Spaniards at Bilboa.
Deposition, signed, Wm. Brooker. Endorsed, Reed. 15th,
Read 19th June, 1728. 1 p. [C.O. 388, 27. No. 27.]
June 18. 283. Copy of Lt. Governor Pitt's Instructions. [C.O. 5, 193.
//. 605702.]
138
COLONIAL PAPERS.
1728.
June 18.
London.
June 18.
London.
284. Memorial of loss and damage (1500) sustained by the
capture of the Adventure, Charles Devon, commander, taken by
a Spanish man of war in March, 1727, in her voyage from
Salt Tertudos to Piscataqua, N.E., fully laden with salt. Signed,
Robt. Willimott. Endorsed, Reed. Read 20th June, 1728. 1 p.
[C.O. 388, 27. No. 32.]
285. Memorial and proposal of Thomas Coram of London,
Gent, for settling the waste lands between the River St. Croix,
the boundary of Nova Scotia and the River Kennebec, the
boundary of Maine, N.E. Cf. Cal. C.S.P. 1713, 14 etc. Describes
this tract, 150 miles in breadth, its history, and the claim of the
Massachusetts Bay to it. Continues : When their Charter was
restored under William and Mary, and that grant was ready to
pass the scales (exclusive of the foresaid tract which was not so
much as mentioned in their petition for the restoration of their
priviledges in the said Charter), their Agents vizt. Increase
Mather, a teacher of one of their Congregations, Elisha Cooke and
Urian Oakes, Phisicians, and Wiswell a plebean, all 4 cunning
artfull men, grasping at vaster territories, with an eye to the
foresaid noble tract of country, untruly alleidges by petition
that the Massachusetts had taken Nova Scotia from the French
(whereas in truth it remained in the hands of the French) etc.,
and therefore prayed that Nova Scotia, New Hampshire etc.
might be annexed to the Massachusetts Bay both as to soyle
and government, least their settleing Nova Scotia with
English families might be retarded ; By which fals allegation
and pretence they got comprized in that grant Nova Scotia
and all the land between it and the province of Main, within
which limits is the said tract of country, but with a
reservation that they should not grant any lands therein.
And thus they once had a title to the Government (but not
the soyle) of the land in the said tract, tho' unfairly obtain' d
etc. Instead of settling Nova Scotia with the English families
as they had pretended, they only rebuilt the demolished fort at
Pemaquid in 1692, for a shew of their government over the said
tract of country, which was all they ever did therein, where they
never settled any families to inhabit ; they only left a few of their
own men, raw undisciplined fellows to t>e as soldiers in the said
fort, in which they remained in a naked and starving condition,
and being under the command of a very ignorant and worthless
person named John Chubb Governor of the same, they in Sept.
1696, unworthily delivered up the said fort and country upon
articles, without the least resistance and surrendered themselves
prisoners to two French letter of mart ships that came there and
demanded it for the French King, demolished the fort, and
according to the said Articles, they carryed off from thence those
few New Englanders who were in it, and were all the English in
that whole tract of country, and left not so much as any one
AMERICA AND WEST INDIES. 139
1728.
living English subject in any part of the said land and ilands
between R. St. Croix and R. Kennebeck. Upon this easy con-
quest of the aforesaid tract, the French King commited the
Government thereof to his Governor of Nova Scotia, and it
remained to the French at and after the Peace of Reswick.
In 1698 the French built a church on their said new conquest at
the very River Kennebeck for a standing testimony of their
right to and possession of the said tract etc. Refers to B. of T.
papers, e.g. Lord Bellomont's letter, 1st July, 1700, v. C.S.P.
No. 641. Continues : After the receipt of said letter, the
Governor of New England had orders from Court to press the
General Assembly to repossess themselves of the said tract of
country, rebuild the fort and settle families thereon, but they
would have no regard to the strongest instances, etc., alleidging
(1703) that should they put their Province to the expense of
regaining the said tract etc., the land would still be the Queen's,
H.M. might give it to whome she pleased etc. ; and they affected
to apprehend from the advices given them by Sir Henry Ashurst
their Agent here, that the Queen had a designe to give the said
tract to Col. Dungan (Lord Limerick) for his settling the same
with his country folks, Roman Catholicks from Irland, for which
reasons they unianemously persisted in their resolution etc.
Which willfull neglect and obstinate resolutions etc. was the bet-
ter known to your Memorialist at that time, not only from his
then living at Boston and his constant observations with con-
cerne etc., judging that large and noble tract may be easily made
greatly beneficial to the Crown, beside affording constant
supply s of naval stores of every kind etc., but also from his near
neighbour and intimate acquaintance Dr. Urian Oakes, then
Speaker, by whom he was well informed of everything transacted
in that House relating to the said tract of country which contin-
ued to remaine to the French, who having their hands full in
Queen Ann's warr, forbore further^settling the same, whereby it
has lain wast and uninhabited (except by a few Indians) ever
since. And was recovered to the Crown by Genii. Nicholson etc.
upon Articles, 1710, which expressly included all the land from
Cape Gaspee to the River Kennebeck, which til then was in
actual possession of the French King, and by him yealded to
the Crowne of Great Britain by the Treaty of Utrecht. Not-
withstanding the Massachusetts' wilfull neglect of, and their
basely giving up to the French the said noble tract etc. ; yet
hating that any settlement should be made thereon tho' with the
greatest probabilety of future benefit to the Crowne etc., unless
to be under their own Goverment (a thing they have always
been greedylie grasping at), they continually made most unreas-
onable opposition aganst the Crownes intrest many years in the
latter part of Queen Ann's reigne and the greatest part of the
reigne of His late Majesty etc., to prevent your Memorialist and
his associates from obtaining permition and encouragement from
140 COLONIAL PAPERS.
1728.
ye Crown to plant an elegant Colony on the said tract etc. under
H.M. right and Government, whilst he and his associates for
several years together used their utmost endeavours for
obtaining the same ; and for proving those lands to be absolutly
in the right of the Crowne, against the unjust claims and pre-
tensions of those violent and obstinate opposers ; which was
done with great fateigue and expence to your Memorialist.
And in case the said noble tract of country in the said Charter
had been fairly obtained (as it was not) it is conceived that the
Massachusetts so giving it up, abridges at least so much of their
Charter. And like to this was the case of Lord Baltemore
concerning part of his Province of Maryland laying on Delaware
Bay, which he abandoned to the Dutch, and the same being
afterward reconquered by the Crowne was thereupon granted
(de novo) to James Duke of York etc. By these facts it may
plainly appear etc. that the foresaid tract etc. is together with
Nova Scotia entirly in the Crowne, and may be disposed of as the
King in his great wisdome may think fit etc. Wherefore, etc.,
if the King shall judge it for H.M. service to have the said unin-
habited tract settled with inhabitants, for the better producing
more certain, future ample supplys of hemp and other naval
stores, without further dependancy on precarious supplys from
foreigners etc., there are yet a good number of those usefull
men who took some share in the great travel and fateigue your
Memorialist underwent many years in the two last reignes to
obtaine liberty and encouragement to settle a Colony on the
said tract etc., still remaining very desirous of the King's favour
to grant a settlement for them and their families on the same,
under H.M. civil Government to be erected there ; and to pay
a reasonable quitt-rent in hemp to the Crowne ; And as many of
those men have been experienced in military service, they would
by their building small forts at first with wood and earth, be
capable to defend themselves and protect the country without
further expence to the Crowne for sending soldiers thither.
And when a proper settlement shall be once begun by such
vetterns, suiteble inhabitants that occation, under H.M. civil
Government, many other usefull people, foreigne Protestants,
as well as Britons, would soon settle themselves in a regular and
safe manner at their own expence on the encouragement of
having a suiteble portion of the said land to be (by some person
or persons properly appointed) thereon granted to them and their
posterity, paying a quit-rent as aforesaid. And as there will
continually be great numbers of future convicts condemned in
Great Britain and Irland to serve a term of years in H.M.
Plantations ; and to be transported thither at the Crown's
expence as they are now transported ; they cannot be sent to
any other part so advantageous to the Crowne, as to employ them
under strict and prudent management for the service of H.M.
in clearing and cultivating the said wast and derelict land for
AMERICA AND WEST INDIES. 141
1728.
the compleat furnishing in due time ; constant and full supplys
of hemp and masts from thence for the Navy ; each convict to
have after the expiration of their respective services on the said
land, a small portion thereof granted for them and their post-
erity to settle and inhabit under the like conditions with others
of raising hemp and paying quit rent in the same to H.M. for
for the use of the Navy. There are also many others, able persons
of both sexes, who live in continual danger of being apprehended
for criminal practices which by the faults of their parents or
otherwise, they are constantly repeating, which renders them a
nuisance and a pest to the publick, especially in and about the
Cittys of London and Westminster, and they would gladly be
rescued from their necessity of commiting those crimes, and the
evil consequences thereof, by volentary engaigeing themselves
to serve H.M. a term of years in the said tract of country
etc., where they might by right management, be encourag'd and
renderd very serviceeble, if any proper persons were appointed
to receive and transport them accordingly. Many such offensive
subjects the French usually send to inhabit in their Plantations,
tho' with this differance ; of forcing them, insteed of accepting
them as volunteers ; for in 1718, your memorialist being then in
Paris, above 800 able-bodied beggars, ballad-singers and other
vagabonds were seazed in one day in the streets there, and sent
away to Messesipi etc. Proposes that one of H.M. largest store-
ships should be detailed to transport emigrants and 2 small
sloops to stay there. The storeship on its second homeward
voyage to be laden with masts for the Navy etc. And forasmuch
as such a usefull undertaking will require absolutely to have some
person of known integrety and experience in those parts to begin
the same, offers himself in that capacity, etc. Signed, Thomas
Coram. Endorsed, Reed., Read 19th June, 1728. 12 pp.
[C.O. 217, 5. ff. 7883v., 84u.]
June 18. 286. H.M. Additional Instructions to Governors Burnett and
Richmond. Montgomery and to the Governor and Company of Rhode
Island and of Connecticut. Whereas We have been graciously
pleased to constitute and appoint a Surveyor General of all Our
woods in North America with proper Deputys under him in
order the better to secure and preserve for the use of Our Royal
Navy such trees as shall be found proper for that service, etc.
you are to be aiding and assisting them and give orders to all
Officers civil and military to be aiding and assisting them in
preventing the destruction of Our woods, and in punishing such
as shall be found offending therein. Signed, G. R. [C.O. 324,
36. pp. 73, 74.]
June 18. 287. H.M. Additional Instruction to Governors of Planta-
tions, to the Governor and Company of Rhode Island and
Connecticut, to Springet Penn and Hannah Penn, Proprietors
142
COLONIAL PAPERS.
1728.
June 20.
Whitehall.
June 20.
Whitehall.
and Governor of Pennsylvania and to Charles Lord Baltemore,
Proprietor and Governor of Maryland and to the Lords Pro-
prietors of North Carolina. In all prayers, litanies and collects
for the Royal Family to be used under your Government instead
of the words [H.R.H. the Prince of Wales etc.] are to be inserted
[Our gracious Queen Caroline, the Royal issue etc.]. Enclosed,
Order of Council 15th June, 1727 to that effect. Signed, G. R.
[C.O. 324, 36. pp. 7580.]
288. Council of Trade and Plantations to the King. Repre-
sentation upon petition of Francis Whitworth (v. 12th June).
Mr. Whitworth informed us he has no salary for executing the
office of Secretary to Barbados, and that the profits accruing to
him from his office, do only arise from such reasonable fees, as
have for many years past, been in ye said Office. We therefore
humbly propose, that his account be transmitted to your
Majesty's Governor, and that he, with the Council, do examine
and settle the same, and that the paymt. of what shall be found
due upon propper vouchers, according to the usual, and accus-
tomed fees given upon the like occasion, be earnestly recom-
mended to the Assembly for immediate payment, and that the
said Assembly, do for the future, take care to pay what shall
become due to the Secretary for such services, as shall be
performed by him or his Deputy for the public. [C.O. 29, 15.
pp. 23, 24.]
289. Same to the Governor of Connecticut. Acknowledge
letter of 18th Sept., 1727. Continue : H.M. having been
graciously pleased to constitute us his Commissioners for Trade
and Plantations etc., we take this opportunity to acquaint you
that it is H.M. pleasure and express command, that the Governors
of all his foreign Plantations do from time to time give unto us
frequent and full information of the state and condition of their
respective Governments and Plantations, as well with regard to
the administration of the Government and justice in those
places, as in relation to the commerce thereof : and more particu-
larly that the said Governors transmit unto us yearly accounts
of their said administration by way of Journal, together with the
Acts of Assemblies ; all which things you are therefore accord-
ingly to observe in relation to the Colony of Connecticut.
Particularly we desire you to inform us, What number of
inhabitants there are ? What of freemen, and what of servants,
white and black ? To what degree are those numbers increased
or decreased within five years last past ? What is the whole
number of the Militia ? What commodities are exported to this
Kingdom ? What trade is there, either by exportation or
importation with any other place ? And from whence is that
Colony now furnished with supplies (particularly of any manu-
factures) that it was wont to be furnished withall from Great
AMERICA AND WEST INDIES.
143
1728.
Britain ? How, and in what particulars is the trade of that
Province increas'd or decay'd of late years ; and what hath been
the reason ? What are the present methods used to prevent
illegal trade ? And what further methods do you think
adviseable ? What number of ships or other vessels are there
belonging to that Colony ? And what number of seafaring men ?
What number and what sorts of those vessels have been built
there ? What manufactures are settled in that Colony of any
sort whatsoever ? To all which inquiries, we also further desire
you to add whatever else you may in your own prudence think
conducive to H.M. service, to the interest of this Kingdom, and
to the advantage of that particular Colony. We take this
opportunity to remind you of sending over a compleat collection
of the laws, which has been so often promis'd some years ago,
by several Governors, upon letters writ them from the Secretary
of this Board for that purpose. [C.O. 5, 1294. pp. 19 22.]
Similar letters, mutatis mutandis and omitting opening
sentences, sent 20th June and duplicates in July, 1731, to the
Governor of Rhode Island and Deputy Governor of Maryland.
[C.O. 5, 1294. p. 22.]
June 20. 290. Council of Trade and Plantations to Governor Mont-
wintehaii. gomerie. Acknowledge letter of 6th May and congratulate him
upon his safe arrival. Continue : We don't doubt but that
by your prudent administration all differences will be reconcil'd,
and you may depend upon it, that nothing shall be wanting on
our part, towards making your administration easy. All that
we shall trouble you with at present, is, to desire that in your
future correspondence with us, all letters or other papers may be
sent directly hither under cover to the Board, and that you take
care to mention in every letter the ship by which your proceeding
letter was sent. [C.O. 5, 1125. p. 118.]
June 28. 291 . Council of Trade and Plantations to the Duke of
\\hitehaii. Newcastle, In reply to 9th May, enclose following to be laid
before H.M. Autograph signatures. 1 p. Enclosed,
291. i. Same to the King. Representation upon H.M. possessions
in America disputed by the King of Spain and injuries
inflicted by the Spaniards on H.M. subjects, etc. (v.
9th May). Carolina was formerly known by the names
of Florida and Carolana Florida ; This Province was
first discovered by Sir Sebastian Cabot in 1497, who
by a Commsision from and at the expence of K. Henry
VII, discovered all the coast of America from the
56th to 28th degrees of Northern Latitude, about 30
years before any other Europeans had visited the
Northern Continent of America : And it does not
appear that ever the Spaniards attempted any discov-
ery of that part of America till 1527, under Pamphilio
144 COLONIAL PAPERS.
1728.
Narvaez, nor any conquest till 1539, when Ferdinando
Soto landed upon Florida from the Havana, and
wandering over a great part of that country in search
of mines which he could not find, died of grief in May
1542, and such of his men as were left alive, returned
again to the Havana, without making any settlement
on that Continent. The first grants we find, of this
country by your Majesty's Royal Predecessors was by
King Charles I in the 5th year of his reign to Sir
Robert Heath, His Attorney General ; In that patent
it is called Carolana Florida, and the boundaries
fix'd for it, are from the River Matheo, in the 30th
degree, to the River Passa Magna in the 36th degree
of Northern Latitude. We have good reason to beleive
that possession of this country was taken under the said
patent, and large sums of mony expended by the
Proprietor and those claiming under him, in making
settlements there ; but whether this grant was after-
wards surrendered, or whether the same became vacant
and obsolete by non user or otherwise, King Charles II
made two other grants of the same country, with some
small difference in the boundaries, to the Lords
Proprietors of Carolina. The last of these grants bears
date the 30th day of June in the 17th year of King
Charles the Second's Reign, and gives to the Lords
Proprietors all that part of North America which lyes
between the 36th and 29th degree of Northern Latitude.
Fort King George upon the River Alatamaha, now
complained of by the Spaniards, lyes within the bounds
of both the abovementioned grants to Sir R. Heath
and to the Lords Proprietors, who have made and
continued many flourishing settlements in Carolina ;
whereas it is notoriously known that the Spaniards
have never maintain'd or kept possession of any in
those parts except St. Augustine ; And your Majesty
might with as much reason contest their title to that
Settlement as they dispute your Majty's. right to
Fort King George, which was neither settled by the
Spaniards, nor any other European Nation, when your
Majesty's troops first took possession of that place
whereon that fort was afterwards erected. This is not
the first time that disputes have arisen between the
Crowns of Great Britain and Spain, concerning their
respective Dominions in America ; But to prevent all
contests of this sort in the times to come, a Treaty was
concluded at Madrid in 1670, by the 7th Article of
which Treaty it was expressly agreed between the then
Kings of Spain and Great Britain, that the King of
Great Britain and his heirs should hold and enjoy for
AMERICA AND WEST INDIES. 145
1728.
ever all those lands and places in any part of America
which the said King of Great Britain or his subjects
then held or possessed, which Treaty is subsequent to
the two grants to Sir Robert Heath and to the Lords
Proprietors of Carolina, and to the making of several
Settlements under both the said patents. It is therefore
matter of surprize that the Spaniards should now
pretend a title to a part of a Province which they have
so long ago given up by the said Treaty, which hath
been confirm'd by many subsequent Treatys between
the two Crowns.
The Bahama Islands, the principal of which is
Providence, were granted by King Charles I in the
5th year of his reign to the Earls of Warwick Holland
and others, in consideration of their having some
years before discover'd and settled the said Islands.
After the restoration of King Charles II, these Islands
not having from their first discovery been possessed
by any but the English, were granted in 1670, by K.
Charles II, to the Duke of Albermarle and others,
and have been enjoyed by them and their successors
until 1703, when the French and Spaniards invaded and
plundered the same ; since which time till 1717, the
Bahamas have remained in the possession of H.M.
subjects, but the Proprietors having neglected to protect
and assist the inhabitants, his late Majesty resumed
the Government thereof by surrender, and hath ever
since appointed Governors of the said Islands. And as
your Majesty's subjects were in possession of these
Islands before the abovementioned Treaty of Madrid,
your Majesty's title thereto was confirm'd, not only by
that Treaty but by the Treaty of Utrecht, and the
Quadruple Alliance made between the Crowns of
Great Britain and Spain since that time. As to the
settlement made by your Majesty's subjects in the Bay
of Campeachy, refer to representation of 25th Sept.
1717, upon Mr. Secretary Methuen's reference in
Nov. 1716. Continue : We have in obedience to
your Majesty's commands, hereunto annexed a schedule
of all such losses as your Majesty's subjects have
sustained from the guarda costa's and from other
depredations, injustice and violence of the Spaniards,
so far as the same have come to our knowledge. Auto-
graph signatures. 8 pp. Enclosed,
291. ii. Statement of British title to Carolina and the Bahama
Islands. Endorsed, 'Copy sent to the Plenipots. July
27th, 1728. 7 1 pp.
291. iii. Schedule of losses sustained by British subjects in
their shipping and effects from the Treaty of Utrecht
C.P.XXXVI 10
146 COLONIAL PAPERS.
1728.
to June 20, 1728. Cases of 86 named ships with value
of cargoes, and several others not named. Aug. 24,
1720, Sir N. Lawes complained that the Spaniards
commit frequent depredations on Jamaica from
Trinidado in times of peace. 1724, The Spaniards
protect the crew of the pirate Cassandra. 1718, The
Spaniards raided Crab Island. 1717, The Spaniards
forced into their service several English ships in Spain for
transport, some of which were never released, and others
not paid the freight contracted for. 3 large double pp.
291. iv. Copy of Council of Trade to the King, 25th Sept.,
1717, v. C.S.P. under date.
291. v. Copy of Council of Trade to the Lords Justices, llth
Sept., 1719. v. C.S.P. under date. [C.O. 5, 383. Nos.
32, 32. i v ; and (duplicate of Wo. i, enclosed, sent by
Mr. Delafaye to Mr. Walpole) 33 ; and 389, 28. pp.
346361.]
June 21. 292. Memorial of John Hyde and other lessees, in behalf
of themselves and the inhabitants of the Bahama Islands, to the
Duke of Newcastle. By letters of 26th Aug. and 12th Oct. 1722,
from their factor, Mr. Skynner, then a prisoner at the Havana,
they find that the Spaniards in America claim the sole right to
the Bahama Islands and accordingly proceed to condemn all
vessels with brazelletto wood, which is the product of those
islands only. They likewise take and condemn all trading vessels
which they meet with in those seas, altho' they have not been
in any Spanish port, or traded with any of the subjects of His
Catholick Majesty : imprison and use the men as if they were
worse than pirates, as is the case of the said Skynner etc., who
observes that to be an Englishman in Havana is enough to have
all the ill treatment put upon him that a Spaniard is capable of
using. Represent the great difficulties they labour under from the
frequent insults, robberys and piracys committed by the Spani-
ards on their trading vessels at sea and also by plundering their
vessels in harbour, burning and distroying their vessels and
plantations on shore, under pretence of having commissions so
to do from the Governours of Havana, Baraco, and other parts
on Cuba. Quote cases given in C.S.P. 1722, 1723, raids by Capt.
Blanco etc. Conclude : The Spaniards of Cuba have every summer
since the settlement of the Bahama Islands began disturbed the
inhabitants in raking of salt, cutting wood, taking whales and
scales for oyl, and other their lawfull employments on the said
islands, which if not timely prevented and restitution made for
the damage done to them will make them quit the islands.
Pray that representations be made to Spain so that ample
restitution be made and that such insults and robberies may
cease and H.M. right to the said islands may be acknowledged
etc. Signed, John Hyde. l^pp. [C.O. 23, 12. No. 93.]
AMERICA AND WEST INDIES. 147
1728.
June 24. 293. Petty Expences of the Board of Trade, Lady day to
Midsummer (v. Journal). 6pp. [C.O. 388, 79. Nos.25 28.]
June 25. 294. Mr. Walpole to the Duke of Newcastle. Encloses
Julv 6. following, which " I wrote to the Garde des Sceaux in conse-
quence of your letter of 16th May " etc., to which " I expect to
receive an answer shortly from Mor. de Chauvelin." Copy.
%p. Enclosed,
294. i. Mr. Walpole to Mor. de Chauvelin. Compiegne. 27th
June (N.S.), 1728. Encloses copy of the letter of the
Council of Trade, together with translation of de-
position of John Ridley, 28th Nov. 1727, relating to
the settlement of some French families on St. Vincents.
Concludes : As such settlements are of the utmost
importance, and contrary to the agreement of 1722
etc., the King my Master is confident that His Christian
Majesty will repeat the orders [of the Regent] for the
said families to evacuate St. Vincent, replace every-
thing upon the same footing as it was before their
settlement, and not to do anything which could give the
least offence, or reason for suspicion, till this matter is
amicably settled according to the rules of justice etc.
French. Copy. 2J pp. [C.O. 253, i. Nos. 35, 35 i.]
June 25. 295. Governor Montgomerie to [? Mr. Delafaye]. Acknow-
New York, ledges repeal of Act of New York for the easier partition of lands
etc. Encloses Address from New Jersey, " which to please them
I hope you will order to be printed in the Gazet." Encloses Mem-
orial from Mr. Bradley, whom you recommended to me etc.
Continues : You will see by it that he has met with very hard
usage, and that it is not in my power to redress him. The man
is honest and well-meaning, so I hope something will be done
for him from home. Coll. Riggs is uneasie till I satisfie you,
about a letter he wrot to you to receive his pay in England.
I intended to have granted him that favour, but finding that all
the officers would make the same demand, which would be a
great loss to me, he franckly desisted from it, which I take very
kindly etc. Signed, J. Montgomerie. Endorsed, R. Aug. 14 (by
Mr. Drummer). Holograph. 2 pp. Enclosed,
295. i. Address of the Chief Justice, Second Judge, High
Sheriff, Grand Jury, practitioners of the Law and Clerk
of the Peace of the Supream Court, held at Burlington,
for the Western Division of New Jersey, to the King.
7th May, 1728. Welcome prospect of peace being
restored and the power of Spain being confined within
just limits. "With a warm rapture of thankfulness "
acknowledge H.M. parental care, particularly in
sending Governor Montgomerie etc. Set out, N.J.
Archives, 1st Ser. V, 185. 31 signatures, 1 large p.
148 COLONIAL PAPERS.
1728.
295. ii. Petition of Richard Bradley to Governor Montgomerie.
New York, 28th June, 1728. Petitioner cannot obtain
payment of 800 due to him for salary and fees as
Attorney General, and thereby suffers great hardship,
as also by the recent Act etc. Petitioner has long
experienced that Grand Juries will never present
where any of their relations and friends are concerned,
and most of this new country are related etc. Asks to
be allowed a salary of 150 paid from home etc.
Signed, Richd. Bradley. 3 pp. [C.O. 5, 1092. Nos.
69, 69. i, ii.]
June 27. 296. Mr. Popple to Lt. Governor Armstrong. Acknowledges
Whitehall, letters of 30th April and 17th Nov. last. Refers to Representation
of 31st May. The Board are in hopes of receiving H.M. directions
upon the peopling and settling of Nova Scotia before they finish
Governor Philipps' Instructions etc. [C.O. 218, 2. pp. 79, 80.]
June 27. 297. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before H.M. Annexed,
297. i. Same to the King. We humbly lay before your Majesty
draughts of General Instructions for Governor Worsley
and of those particularly relating to the Acts of Trade
and Navigation, with some few alterations and our
reasons for the same. We have inserted Samuel
Berwick in the Council, he being restored 12th April
etc., and Mr. Maxwell and Mr. Allen being dead, we have
inserted in their stead John Frere and Geo. Lillington
Esqrs.. they being recommended to us as persons
every way qualified etc. Mr. Worsley having complained
that the Assembly had assumed to themselves the
priviledge of adjourning for what time, and to what
place they thought fit, without his consent, we have
inserted the 21st Article, in order to restrain this
practice, that the public business of the Island may not
be thereby retarded. Mr. Worsley having likewise
complained, that the Assembly had assumed to them-
selves, a power of chusing a Speaker, pro tempore,
without presenting him to the Governor for his
approbation, we have inserted the 22nd Article, for
restraining a practice so contrary to your Majesty's
Royal prerogative. The latter part of Mr. Worsley's
28th Instruction, contain'd a power from his late
Majesty to receive what additional salary the Assem-
bly should think fit, to settle upon him, under certain
restrictions therein expressed. In consequence of
which the Assembly having passed an Act in 1723,
and the salary thereby given being continued to him,
until the determination of his Government, we have
AMERICA AND WEST INDIES. 149
1728.
omitted the aforesaid latter part etc. We have made
no further alteration, than what your Majesty has
already been pleased to approve in the Instructions
to Governors of other Plantations etc.
297. ii. Draught of Governor Worsley's General Instructions
(1104). Dated at Hampton Court, 25th July, 1728,
v. preceding. Article 21 : Whereas We have been
informed that the Assemblies of Our Plantations,
have of late assum'd to themselves, the power of
adjourning at pleasure ; without leave from Our Gov-
ernors first obtain'd for that purpose, as usual, by
request ; which is highly detrimental to Our royal
prerogative, and may prove of prejudice to the
publick ; It is Our will and pleasure that you signifie
to the General Assemblies of Barbados, if occasion
should require, and that you accordingly insist upon it,
that they have no right to adjourn themselves, other-
wise than de die in diem, excepting Sundays and
Holydays, without leave from you Our Governor, or
from Our Governor or Commander in Chief of the said
Island, for the time being first asked and obtained.
Article 22 : And whereas We have also been informed
that the General Assembly of Barbados have of late
taken upon them to appoint a Speaker pro tempore,
and to proceed upon business without presenting him
to Our Governor for his approbation of such choice ;
which is a precedent very derogatory to Our Royal
prerogative, and may prove of ill consequence to Our
service, and the good of that Island ; It is therefore Our
will and pleasure, that you also signifie to the General
Assembly, that We disapprove of such proceedings,
and that for the future they will not be suffer'd to
proceed upon business with any Speaker, but such
as shall be first presented to, and approved by you,
or the Commander in Chief of the said Island for the
time being. [C.O. 29, 15. pp. 2595.]
June 27. 298. George Lillington to the Council of Trade and
Swansey. Plantations. Declines honour of Councillorship, Barbados,
owing to the benefit he derives for the violent pains of the
gout from residence the two last winters at the Bath etc. Signed,
George Lillington. Endorsed, Reed. 2nd, Read 4th July, 1728.
Addressed, To Alured Popple Esq. etc. Postmark, f p. [C.O.
28, 19. ff. 192, 193i;.]
June 27. 299. Council of Trade and Plantations to the Lords Com-
missioners of the Treasury. Request payment of Office expences
and officers' salaries to Midsummer. Account annexed. [C.O.
389, 37. pp. 291, 292.]
150 COLONIAL PAPERS.
1728.
June 27. 300. Messrs. Stirling and Watson to the Council of Trade
and Plantations. We are two of the many in good circumstances,
who at their own expence will settle themselfs, on the King's
lands and islands, now laying wast and uninhabited, between
the River Kennebeck and St. Croix, if H.M. shall pleas to place
our worthey friend Capt. Thomas Coram there in such manner
as he has proposed (v. 18th June) and we shall each of us carry
one thousand pounds and more of our own with us etc. Signed,
James Stirling, Joseph Watson. Endorsed, Reed., Read 27 June,
1728. Addressed. 1 p. [C.O. 217, 5. ff. 85, 861;.]
June 29. 301 . Governor Hunter to the Lords Commissioners of the
Jamaica. Treasury. Encloses following. Signed, Ro. Hunter. Endorsed,
Reed. 2nd Oct., Read 13th Nov., 1728. Holograph, f p.
Enclosed,
301. i. List of enclosed accounts. Same endorsement. 1 p.
301. ii. H.M. account of imposts, Jamaica, April 7th Sept.
29th, 1725. 2 large pp.
301. iii. H.M. account of Fortifications, 7th April 29th
Sept. 1725. Endorsed, Reed. 2nd Oct., 1728. 1 p.
301. iv. H.M. account current, 25th March 29th Sept.,
1725. Endorsed as preceding, l^pp.
301. v. H.M. account of impost, 29th Sept., 1725 25th
March, 1726. Same endorsement. 2 pp.
301. vi. H.M. account of Fortifications, 29th Sept., 1725 25th
March, 1726. Same endorsement. 1 p.
301. vii. H.M. account current, 29th Sept., 1725 25th March,
1726. Same endorsement. 1 p.
301. viii. H.M. account of impost, 25th March 29th Sept.,
1726. Same endorsement. 2 pp.
301. ix. H.M. account of Fortifications, 25th March 29th
Sept. 1726. Same endorsement. I p.
301. x. H.M. account current, 25th March 29th Sept., 1726.
Same endorsement. 2| pp.
301. xi. H.M. account of impost, 29th Sept. 1726 25th March,
1727. Same endorsement. ljp.
301. xii. H.M. account of fortifications, 29th Sept. 1726 25th
March, 1727. Same endorsement. 1 p.
301. xiii. H.M. account current 29th Sept. 1726 25th March,
1727. Same endorsement. I p.
301. xiv. H.M. account of impost, 25th March 29th Sept.
1727. Same endorsement. I p.
301. xv. H.M. account of fortifications, 25th March 29th
Sept. 1727. Same endorsement. 1 p.
301. xvi. H.M. account current, 25th March 29th Sept.
1727. Same endorsement. 2 pp.
301. xvii. H.M. account of impost, 29th Sept. 1727 25th
March, 1728. Same endorsement. 1 p.
AMERICA AND WEST INDIES.
151
1728.
June 29.
Whitehall.
June 30.
Province of
New
Hampshire.
301. xviii. H.M. account of fortifications, 29th Sept. 1727
25th March, 1728. Same endorsement. 1 p.
301. xix. H.M. account current, 29th Sept., 1727 25th March,
1728. Same endorsement. 2 pp. [C.O. 137, 17. ff. 84,
85v. S6v., 87v. lOlv., 102t;. 107.]
302. Order of Committee of Council. Due consideration of
the report of the Council of Trade upon Nova Scotia requiring
more time than is consistent with H.M. orders to Col. Philips to
repair forthwith to his Government, he is ordered to proceed
thither without delay. The Council of Trade are to prepare his
Commission and Instructions to be sent after him. [v. A.P.C.
III. p. 152.] Signed, Temple Stanyan. Endorsed, Reed. Read
3rd July, 1728. 1 p. [C.O. 217, 5. ff. 87, 881;.]
303. Lt. Governor Wentworth to the Council of Trade and
Plantations. I have the pleasure of receiveing your Lordships
letter of the 28th Februy. 1727-8, etc. I observe that the affair
of the Kings woods, I have so often given your Lordships the
treble about now lies under consideration, and cear will be
taken to prevent the stroy that has been formerly made thereon,
and hope it may be brot. in a good meathord, and as I mentioned
in my letter of the 7th of August 1727, that those people that are
imploy'd, by Mr. Gulston the Controller for Masts have a greate
opertunity of makeing waste on the pine trees, and therein gave
my reasons. I would now further most humbly give my openion,
that no person may be appoined from home as Servayer of H.M.
woods or Deputy Servayr. that is any ways concern'd in the con-
tract, or his agent or undertakers here, for that would open a
wide dore for distroying the timber, the labourers and people
imploy'd in that servis are generally such as are concern'd in
saw mills which are the engines that distroy the pine timber.
Your Lordships will please to excuse on this head, its my zeale
for the Kings intrest, and my greate desier to see these affairs
settled on a solid foundation, that puts me on it, I wrote your
Lordships of 20th of Februy. last via Boston which hope came
safe, I therein sent duplicates of our Journalls etc. then
advised your Lordships that one of our underservayers had taken
a man or two cutting or felling a mast tree that had been marked
by Mr. Bridger the late Serveyer I suppose eight or ten years
past, allso seized a parcill of mill logs, cutt this last winter.
Mr. Armstrong ye Deputy Servayer went to Boston to consult
wth. ye Judges of Admiralty, I cant hear that any thing as yet is
don, if an example be not made of some of these people it will be
a verry ill president. Therefore I shall not be backward in doeing
my duty, the Judge of the Admiralty seems backward in acting
on these affairs, I have severall times wrote him, on these
ocations, etc. H.M. King George the Second hath been
pleased to renew my Commissn. for the Lewetenancy of this
152 COLONIAL PAPERS.
1728.
his Province of New Hampshire. I shall do everything in
my power to support the honour and dignity of the Crown
and use my best endeavours to cultivate principles of loyalty
and obedience in ye people to H.M. At the comeing in of
King George the Second I called a new Assembly. There
happned to be some few troblesome men made choice of,
which gave me a good deal of treble, and indeed boar so hard
on the Prerogative of the Crown ; that I thot it inconsistant
with reason or justice to continew them. The first thing they
insisted on was, that the Court of Appeals to the Governour and
Councill was without foundation or president, I shewd. them
that it was established by ye Governr. Councill and Assembly
of the Province and allow'd and confirm'd by the Kings and
Queens of England, thirty eight or forty years past, and in
the instructions to the Governrs. call it there Courts of Appeales,
and give there subjects liberty appeal to them for releife
from the Lower Courts to Governr. and Councill, for this and
such like reasons I dissolv'd the Assembly and called another.
One of the cheife actors was dropt, but the Speaker, Mr. Wear,
was elected the second time, and againe chose by the Houss
Speaker, when so don they sent up for my allowance thereof,
upon which I considred, that it was not consistant with the
honr. of the Crown, neither could I expect to pass with out
my conduct being called in question, if I had allow'd him
to remaine Speaker, since he had behav'd himselfe so
obstinately in the former Assembly, so that I disallow'd of
Mr. Wear being Speaker, and directed the Houss to proceed
to the choice of another Speaker, which they refused to do
for ten dayes, ocationed by Wear's obstinant humer, in fine
they came into it and made choice of Andrew Wlggan Esqr.
for there Speaker, I think an honest man, but that affair made
a party in the Houss, soon after with some other votes they
sent up a vote for emitting 30,000 pounds paper bill of credit.
I treated them with all calmness and let em know that it was
not in my power, for that the King had commanded me not
to emit any more paper bills of credit then the insident charges
of the Governt. cal'd for, they insisted some time thereupon,
they thot I might run the hazard, and break through the
King's Instructions, I assured them I would not be guilty of
so greate a breach of trust, for which reason they voted me
for the last years salery but sixty seven pounds sterling, so
that I must have wanted bread, had I not of my own. Our
people begin to coppy after the Massachusets. I pray your
Lordships to consider my circumstances, the Government
cant be supported with that honr. as it might (and ought to
be) when the Governt. depends on the capricious humers of
some designing people for there bread. The Governours here-
tofore, have insisted on the Generall Assembly affixing a
sallery, and so have I don many a time but to no purpose,
AMERICA AND WEST INDIES. 153
1728.
and when they do give us anything its allwayes at the end of the
Session and the last thing they do, so that we are kept depend-
ing. This my Lords is the true state of the affair. I pray
your consideration thereon that I may have some releife by
an Order from H.M. strongly worded etc. I have spent of my
own estate near three thowsand pounds of this money, more
then ever I reed : from the Governmt. which is verry
discorraiging, altho' the Governt. is small yet it takes up
most of my time in the servis, I depend on your Lordships
favour that I may not allwayes be obleigd to live upon my
selfe. I observe what your Lordships are pleased to say in
answer to that part of my letter of ye 7th Augt. that mentions
the want of a paper credit, I hope I am understood right when
I mention the 300,000 pounds more then what was then out,
in order to give a new life to trade, I intended the Massechusets
Governt. as well as this 25 or 30,000 more then what we have
now but would be sufficient for this Governt. which would
bring it to about 50,000, for we have not above 20,000 now
out in the whol Governt. of New Hampshire. Its a small
matter not more then 7000 sterling, tho' the sum be small
yet its a help to our trade, and if H.M. would be pleased to
indulge us with 25 or 30,000 more it would greately incorrage
Trade, and allso the settlemt. of the out lands, and the better
enable us to defend our selves against the Indians when ever
they may make a war upon us, tho' they are very quiet at for
the present, there seems to be a greater necessity for strikeing
more paper credit now then for many years past, my reason
is this, that some of our over grown men have horded up the
money to make an advantage thereof on the pore and midling
sort of people when there mortgages are out which is with a
yeare or less, now the makeing more would obleige those usurers
to onlock there cofers, by which the pore and midling people
wo'd be releived. I herewith inclose the Journalls of our
Generall Assembly from December 1727 to May 1728, and the
Acts then passed. In the year 1723 we past a Tryaniall Act
for Ellection of Assembly-men, but with a saveing claws therein,
that H.M. pleasure should be first known, and that lying ever
since under consideration and the people being verry desierous
of being indulged therein and considering what H.M. had
favourd many of his subjects at home and abroad in the
Plantations, and since it had layen so long a time it is pre-
sumed that if it had been disagreable to H.M. his disallowance
thereof had been long since made known. The Act dos not
take place untill the year 1731, so that in case H.M. dos not
approve of what I have don in the p r mises, there will be time
enough to repeale said Act, I have allso repealed the Riott
Act which was greiveous to many, since we have not a man
in all this Govermt. that hath shewd himselfe in the least
disaffected to our late Sovereign King George the First of
154
COLONIAL PAPERS.
1728.
blessed memory, and much less so in the p r sent King George
the Second's time, we haveing verry good laws besides to
punish such like offenders, the people of this Province being
allwayes noted for there loyalty were verry desierous to have
that law repealed, it being as they thot a greate reflection on
them. I hope your Lordships will think favourably of me for
what I have don therein. We expect Governr. Burnet at Boston
in fiften dayes which conclud my long epistle for which I aske
your Lords pardon and patience. Signed, Jno. Wentworth.
Endorsed, Reed. 22nd Aug., 1728, Read 23rd May, 1729.
Holograph. 3 pp. Enclosed,
303. i. Account of powder and stores, Fort William and Mary,
Newcastle, N.H., May, 1728. Signed, Richard Perry,
Gunner, J. Wentworth. Endorsed as preceding. 2| pp.
[C.O. 5, 870. ff. (with abstract) 234235, 237 239v.]
[June .J 304. Claims by British merchants and shippers on account
of ships and goods, bound for America and the West Indies,
seized by Spanish men of war and privateers in 1727. Endorsed,
Reed. Read 13th June, 1728 etc. [C.O. 388, 27. ff. 196301.]
July 1.
St.
Christophers.
July 2.
Whitehall.
305. Mr. Willett to Mr. Popple. In reply to his letter relating
to his complaint against Lt. General Mathew explains that
they have accommodated their difference, which arose from the
Lt. General thinking that his protest in Council reflected on his
administration, which he never meant. He has resigned his seat
in Council owing to declining health and private affairs. This was
not occasioned by Governour Mathew's behaviour to him.
" I had writ my friends in London of this my purpose many
months before ; that I might be left out of my Lord London-
derry's Instructions." Signed, John Willett. Endorsed, Reed.
Read 8th Oct., 1728. I p. [C.O. 152, 16. ff. 357, 858v.]
306. Duke of Newcastle to the Council of Trade and Plant-
ations. It having been represented to H.M. that there is great
occasion for an Engineer at Jamaica, for the raising and repair-
ing such works, as are judged necessary for the defence and
security of that Island, H.M. out of a tender regard to the good
and safety of his subjects there, is pleased to allow that Mr.
Lilly should attend that service etc. But in regard to the extra-
ordinary charge of his going and residing there, it is expected
that he should be paid 20s. per diem, which is the allowance
that has been constantly made to Engineers in the West Indies,
and his pay here being no more than 200 pr. ann., H.M. judges
it proper, that Major General Hunter should be directed to
recommend it to the General Assembly of Jamaica to allow
him the difference etc. You are to prepare an Instruction accord-
ingly for H.M. approbation etc. Signed, Holies Newcastle.
Endorsed, Reed. Read July 3, 1728. 2 pp. [C.O. 137, 17. ff. 43,
'., 440.]
AMERICA AND WEST INDIES.
155
1728.
July 3.
New York.
307. Governor Burnet to the Council of Trade and Plant-
ations. Has received his Commissions and Instructions etc.
and is preparing to go to Boston with all possible dispatch.
Gives account of 12 Acts passed in the last Sessions. Regrets
to learn that the Board is still apprehensive that the sinking
fund was not complete without the interest, and that the credit
of the bills would suffer by applying it another way. Encloses
certificates to show that the value of Jersey money is still
encreasing. Encloses printed acts and minutes of the Session,
" in which your Lordships will observe that there were more
contests than have ever happened before, and that the Council
have moderated and refused several unreasonable things
proposed by the Assembly " etc. Set out, N.J. Archives 1st
Ser. V. 190. Signed, W. Burnet. Endorsed, Reed. 9th Oct.,
Read 13th Nov., 1728. 9 pp. Enclosed,
307. i. Certificate of merchants of Perth Amboy that New
Jersey proclamation money has risen so that one pound
currently passes at l. Is. 3d. New York money.
18th May, 1728. 24 signatures. 1 p.
307. ii. Certificate that the Signatories of preceding are the
chief traders of Perth Amboy etc. 18th May, 1728.
Signed, John Parker, Mayor of Perth Amboy. p.
307. iii. Certificate by Merchants of New York, confirming
encl. No. i. 1st June, 1728. Signed, Rip van Dam and
10 others, f p.
307. iv. Certificate that the signatories of preceding are of the
chief traders of New York etc. 29th June, 1728. Signed,
Robt. Lurting, Mayor of New York. Seal of City of
New York \p.
Nos. i iv endorsed, Reed. 9th Oct., 1728.
307. v. Act of New Jersey, 1698, declaring the rights and
privileges of the subject etc. Endorsed as preceding.
Copy. 3 pp. [C.O. 5, 972. ff. 159163, 164, 165, 166,
July 4.
Whitehall.
July 4.
Hampton
Court.
July 4.
Whitehall.
308. Council of Trade and Plantations to Governor the
Earl of Londonderry. Enclose for publication Order repealing
Act of St. Kitts repealing Act for settling 2000 etc. (12th June).
Conclude : We shall be glad to hear of your Lordship's safe
arrival. [C.O. 153, 14. pp. 403, 404.]
309. Order of King in Council. Referring to a Committee
of the Council the Representation of 27th June with draughts of
Instructions to Governor Worsley. Signed, Edward Southwell.
Endorsed, Reed. 19th Oct., Read 20th Nov., 1728. I p. [C.O. 28,
20. //. 66, 670.]
310. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before H.M. Annexed,
156
COLONIAL PAPERS.
1728.
July 4.
Whitehall.
July 4.
Barbados.
July 4.
Whitehall.
July 9.
Whitehall.
July 9.
Annapolis
Royal.
310. i. Same to the King. Submit following.
310. ii. Additional Instruction to Governor Hunter, requiring
him to move the Assembly for an additional salary of
165, to make up his pay to 20s. per diem, for Col. Lilly,
Engineer, whilst employed in the service of that Island
etc. (v. 2nd July). [C.0. 138, 17. pp. 242244.]
31 1 . Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, 19 Acts of the Massachusets Bay, 1727, (titles
given). [C.O. 5, 916. pp. 166 169 ; and 1729, Copy. I p. 28.]
312. Extract of letter from Mr. Forbes to [?
].
Confirms his previous statement as to numbers settled on Sta.
Lucia. There are now upwards of 1200 French family s there
and daily increasing. They are very curteous and civil to the
few English amongst them, but it may be justly feared, that the
very first opportunity they'l readily embrace to dispossess
them etc. Endorsed, Reed, (from Mr. Wood), Read llth Dec.
1729. Copy. lp. [C.O. 28, 21. Jj. 22, 22u.]
313. Mr. Popple to Mr. Attorney and Solicitor General.
Encloses Act of New York, 1727, for preventing prosecutions by
informations, for their opinion in point of law. [C.O. 5, 1125.
'
314. Council of Trade and Plantations to the King. Propose
Joseph Pilgrim for the Council of Barbados in the room of George
Lillington (t;. 27th June), who by reason of his ill state of health
and the disposition of his affairs does not design returning etc.
[C.O. 29, 15. p. 96.]
31 5. Lt. Governor Armstrong to the Duke of Newcastle.
Refers to letter Nov. 17th etc. Scarce anything material has
occurred since etc. The French inhabitants continue still in the
same temper and disposition of making no submission to H.M. etc.
As an aggravation of their crime I can add that notwithstanding
they have had the way open to reconcile themselves to the
Governmt. pursuant to a Minute of Council, 13th Nov. last, by
admitting them to swear allegiance to H.M. on their requiring the
same, yet the success has not answer'd my good intention for
not above two or three have taken the benefit thereof. I think
they have an insuperable aversion to the English Nation both
Church and State and as they are become a great people I hope
the wisdom of the Government will speedily see cause to curb their
insolence and reduce them to their duty before the task becomes
much harder by the dayly increase of their strength and number
which is already very considerable etc. The great lenity of the
Governmt. is in some measure the cause of the peoples disobed-
ience, for I have no warrant nor authority by H.M. Royal
AMERICA AND WEST INDIES. 157
1728.
Commission and Instructions to Governor Philipps, to proceed
further against them that refuse the oaths than only to debar
them from fishing during H.M. pleasure, which restraint many
of them are willing to bear with in hopes of some speedy revolu-
tion or change of Governmt. which they are encouraged by their
priests and neighbouring French Governors to look for very
soon. However I can hardly think that when matters are brought
to the push, either to swear, or go, that they will persist in their
disobedience so far as to quitt their plantations and improve-
ments to settle new Colonies, tho they want neither invitations
nor promises from the Islands of Cape Breton and St. Johns
for that purpose. I acquainted your Grace in my last of several
murthers and robberys committed by the Indians in this
Province and Newfoundland last fall which manifestly appear to
have been done through the instigations if not by the assistance
of the French. I am since advised that a great body of those
people made an appearance near Canso last winter as if they
intended to attempt some mischief but at last retired without
committing any hostilitys. On the month of May last an Indian
tribe consisting of about 26 men under the command of 3 or 4
of their Sachems from the village of Meductoo an Indian settle-
ment of 50 odd leagues up the River of St. Johns came here to
ratifye the peace concluded at Boston and to make their
submission to the Governmt. Whereupon I advisd with the
Commission Officers here in garrison about their treatment and
reception. Who were unanimously of opinion that they should be
handsomely entertained while they staid and at their going away
should receive some testimonies and marks of H.M. bounty in
regard that they were the first of the upper villages who had been
here to pay their respects to the Governmt., upon which I made
them several presents and entertained them for several days and
at last sent them away very well satisfied. As I have not any
allowance for this nor any other chargeable service, I beg leave
to acquaint your Grace that without some methods are used
to satisfy the covetous desires of the Indians it will be impossible
to retain them in H.M. interest or wean their affections from the
French. All the charges of the Government I have hitherto
born without either allowance for the same, or salary. I can
sincerely affirm notwithstanding these discouragements, I have
never been backward to contribute both my money and credit
to support H.M. interest, which I hope your Grace will believe
is what I have most at heart, notwithstanding the forgerys and
insinuations of selfish malicious men, has been the principal aim
of my actions. Signed, L. Armstrong. Endorsed, Rd. Nov. 18th.
4pp. [C.O. 217, 38. No. 17.]
July 9. 31 6. Same to the Council of Trade and Plantations. Dupli-
Annapoiis cate of preceding, mutatis mutandis. Signed, L. Armstrong.
Boyal.
158
COLONIAL PAPERS.
1728.
July 12.
Annapolis
Royal.
July 15.
Antego.
Endorsed, Reed. 14th Nov. 1728, Read 23rd May, 1729. 4 pp.
fC.O. 217, 5. ff. 1141150., 116r. ; and (abstracts) 217, 30.
pp. 3133.]
317. Lt. Govr. Armstrong to Mr. Stanion. Is disappointed
at not having heard from him as to the reception of his packet by
Capt. Bennett, or received instructions etc. Refers to complaints
against him " by two or three malitious traders in this Province,
although not exhibited, but lodged in the hands of Govr. Philipps
who only wants a proper opportunity off makeing his own use of
them to my prejudice. This as well as ye unsettled state of this
Province makes me very uneasy and oblidges me to desire your
interest to gett me the Kings leave of abscence to come home to
settle my affaires " etc. Signed, L. Armstrong. Endorsed, Rd.
Nov. 18th. Addressed. Sealed. %p. [C.O. 217, 38. Wo. 18.]
318. Lt. General Mathew to Mr. Popple. Acknowledges
letter of 8th Feb. Continues : I am under a very great concerne
for having sent the publick papers open to the Agents etc. I never
shall be guilty of the like fault again, etc. Encloses duplicate of
May 20th etc. Continues : I have no copy of Mr. Greatheed's
petition, so as to know what he alledges against me etc. When he
calls upon me I shall be ready to join with him in having the
proper affidavits mutually made, as their Lordships direct. I
have long since sent to Mr. Meure proofs upon oath to justify
every particular of the information I had receiv'd against him,
which I should have been glad their Lordships had ordered his
laying before them. I know no more of that affair than I did then
etc. As to Mr. Willett, there was too much warmth on both sides
etc. I was loth to give their Lordships my account of that matter
from a remaining concerne still in me for a most dear friend that
had been torne from me. We have been for some months past
on terms of reconciliation, and now there remains nothing, but to
obtain from their Lordships, that all that matter may be forgot,
without prejudice to Mr. Willett' s character, or mine. The
present state of the Leeward Islands I intended to lay before
their Lordships, contains so much of my own way of thinking
as to these Islands and I am grown so out of conceipt with it,
that I pray to be excus'd from exposing myself by laying such
notions before them, as I once weakly intended. The Antego
duplicate acts (sent to Mr. Yeamans) are neither of them signed by
the Clerk of the Council, but only by the Clerk of the Assembly ;
I cou'd not persuade Mr. Wavell Smith, the Secretary to signe
'em. He is at variance with the Clerk of the Assembly, from
whom I had these as usual, insisting that the drawing these
acts belonged to his office ; the other insists they belong to him,
and I am forced to send them as they are, or else not at all.
Mr. Smith promised to give me his reasons in writing, but he
disappointed me etc, Encloses Minutes of Council of Montserrat,
AMERICA AND WEST INDIES. 159
1728.
16th Jan. 2fith Feb. last. It is impracticable for me to get
from Mr. Smith and his Deputys the Minutes that I am required
by the Instructions to send from time to time : I write and speak
incessantly, but to no purpose, and as to the abstracts of proceed-
ings in the Courts of King's Bench and Common Pleas, Oyer and
Terminer etc. I can get no other answer from him, but that he
does not know how to be paid for them, nor will let me have
them. He says the Clerks of the Offices at home told him, that
instruction was obsolete, and more for forme sake than for any
use they can be of at home, that they are never sent, that
he will give me a memorial on it in Council, that his clerks are
sick, that Lord Londonderry will be here soon etc. This is all
I can get from him etc. Signed, William Mathew. Endorsed,
Reed. 21st Oct. 1728, Read 28th March, 1729. If pp. [C.O.
152, 17: ff. 9, 9i>., Wv.]
July 16. 319. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following. Annexed,
319. i. Same to the King. Enclose draughts of Commission and
Instructions for Governor Philipps. Continue : We
have inserted the same powers formerly granted by his
late Majesty to Colo. Philipps, save only that in the
draught of Instructions, we have added one con-
formable to your Majesty's Order in Council, 28th
March, directing him to be aiding and assisting
your Majesty's Surveyor General of Woods etc.
in preventing the destruction of them in Nova Scotia,
and in punishing such as shall be found offending
therein. We have likewise omitted the 34th clause,
concerning the fortifications at Placentia, and the
removal of part of the Garrison from thence, the
design of that Instruction being already complied with ;
some further alterations may perhaps hereafter be
thought proper to be made both in the said Commission
and Instructions. But we thought it our duty to frame
these upon the former plan, till such time as your
Majesty shall be graciously pleas' d to declare your
Royal pleasure upon the Representations formerly
made, more particularly that of 7th June, 1727, upon
the methods for encouraging your Majesty's subjects
to settle in Nova Scotia, for establishing the form of a
Civil Government there, and likewise for the preser-
vation of your Majesty's woods in that country.
Autograph signatures. I p. Enclosed,
319. ii. Draught of Commission for Richard Philipps to be
Governor of Placentia and Nova Scotia or Accadie.
v. preceding.
319. iii. Governor Philipps' Instructions, v. preceding. 32
Articles. Articles 33 35, directing the encouragement
160 COLONIAL PAPERS.
1728.
of inhabitants of Newfoundland to remove to Nova
Scotia, and the garrison at Placentia, are deleted.
Signed, C.R., C.R., (Caroline, Queen, Guardian of the
Realm). Kensington, 1st July, 1729. [C.O. 218, 2.
pp. 81 119 ; and (covering letter only] 194, 23. No. 34.]
July 17. 320. Lt. Governor Mathew to Mr. Popple. Mr. Meure
Antego. writes me their Lordships are greatly displeas'd at me for passing
the act to repeal Governor Hart's settlement of 2000 a year ;
that it is charg'd upon me, as an effect of malice and resentment,
a breach of H.M. instructions, and on a false foundation. I
wish Mr. Hart had stay'd here to this day, rather than I should
thus have incur'd their Lordships displeasure ; the chief com-
mand has been far from a lucrative one to me, and given me
sufficient uneasyness, from the perverse contradictions I have
met with in opposition to every publick service ; for I have
pursued nothing for myself. The foundation for which was layd
before Governor Hart went home, and constantly kept on foot
by letters containing paragraphs of mine to their Lordships ; and
even one of those letters inform'd the people of St. Christophers
(to raise an odium against me) that Mr. Meure at home actually
presented a memorial to their Lordships of the Board of Trade
craving their Lordships leave for my obtaining a most exorbitant
thousand pound a year over and above the two thousand given
to Governor Hart etc. Mr. Butler on a very publick occasion
charged me with it, in the most insolent manner ; and upon my
denying it, urged the authority of his information, even to giving
me the lye. I have really thus much to say, as to my passing
that act ; if it was ever confirm'd at home by H.M., 'twas more
than I ever knew, or any one man in the Government else ; when
acts are confirm'd by H.M., that confirmation is allways notified
to the Council at least, and enter'd in the Council books ; such
notification or entry I do aver was never made here etc. Governor
Hart's resignation of that present from the Island was so publick,
so solemne and so frequent, that I cannot believe what I now
heare from England, that he should forget it. I do aver as a
fixed truth that the whole purport of that act was only to
strengthen that renunciation, against a law, that it was imagin'd
in case of his death, his executrs. would set up against the
Island ; no one person ever imagin'd that it would obviate a
claim of Governor Hart's own, for no one believ'd he ever would
make one ; The law went through both Houses I may say
almost unanimously ; there was but one single objection made
to it, and that was by Mr. Willett his chief friend, in both Houses ;
the only objection he made was, that if Mr. Hart should returne
again Chief Governor, his renunciation then, (which could only
be meant during his absence or in case of his removal) would
determine ; but Mr. Willett added then in words (for he was a
witness to that renunciation) that if Mr, Hart did not returne,
AMERICA AND WEST INDIES. 161
1728.
he did not think he could in honour ask or claim that settlement
during his absence. And then Mr. Willett was reminded of the
following circumstance to convince him, that if ever Governor
Hart should returne he would abate of his expectations from the
Island. A very little while before Governor Hart embark'd for
England, and when Lord Londonderry was even then dayly
expected, he was pleased to make in Council the following
declaration ; That upon his removal he should become a planter,
a brother inhabitant of the Island, that if the Council pleas'd
the doors might be shutt, that he was convinced the provision
of 2000 a year made for him was exorbitant and a burthen too
heavy for the Island to bear, and that he was ready then to joine
with the Council in any methods could be contrived to prevent
such extortions for the future etc. Continues : I submit whether
etc. after this resignation and declaration, my passing an act to
confirme both could give me the least apprehensions, that I
should thereby incurr their Lordships' displeasure. Mr. Soulegre
and Pym, Members of H.M. Council are now in London, Gentle-
men of inviolable truth and great worth ; I pray I may be either
condemn'd or acquitted by their confirming to their Lordships
viva voce, or denying any one circumstance abovemention'd etc.
Continues : I have not broke the Instruction, that says I
shall do nothing to lessen H.M. revenue ; for this repealing act
only alters the application etc. Refers to enclosures. Continues :
The transactions of those days and the debates were publick
enough. The secresy recommended by Governor Hart was not
join'd in by the Board ; and the Councellors' oath is only to
keep secret such debates as the Council shall resolve shall be so
kept. I have supported the Government most expensively,
and from the publick occasion of H.M. accession and other
publick days 'twas unavoidable ; I have nothing but the half
of the sallary of Chief Governor and the 200 a year as Lt.
Governor, from H.M. ; I have receiv'd nothing for upwards of
five years. Their Lordships then must certainly know my own
estate alone must have supported me. The island of St. Christ-
ophers its true makes me a small present of 200 sterling a year.
If Governor Hart has his 2000 a year, I hope their Lordships
will permit my endeavouring on Sr. Philipp York's opinion to
recover half of it from him etc. Signed, William Mathew.
Endorsed, Reed. 9th Nov., 1728, Read 28th March, 1729. 2| pp.
Enclosed,
320. i. Deposition of Francis Phipps. St. Christophers, 29th
June, 1728. Deponent heard Governor Hart declare
in Council that he was now becoming a planter and
ready to join with them to relieve the Island from the
intolerable oppression of the settlement of 2000 a
year they had till then made on him, which the island
could not afford etc. Signed, Francis Phipps. p.
o.p. xxxvi 11
162
1728.
July 18.
Whitehall.
July 18.
Whitehall.
July 18.
Whitehall.
July 20.
Barbados.
COLONIAL PAPERS.
320. ii. Deposition by Same. Deponent has often heard
several Members of Council say that Governor Hart
declared in Council that he would remit the settlement
of 2000 pr. annum made on him, from the time of his
departure etc. It appearing by the Treasurer's account
that part of the money appropriated by Governor Hart's
act of settlement had been applied for other services
of the public, Mr. Willett in Council said he did not
think Governor Hart would ever demand or receive
it, but his executors might, and he therefore thought
the most proper method would be to repeal that act
etc. Signed, Francis Phipps. f p.
320. iii & iv. Deposition of William Pym Burt. St. Christo-
phers, 1st July, 1728. Confirms and amplifies Nos.
iandii. Signed, William Pym Burt. I p. and^p.
320. v. Deposition of James Losack. St. Christophers, June
13th, 1728. Deponent cannot find any entry in the
Council books of the confirmation of the Act for
settling 2000 per annum on Governor Hart etc. Signed,
James Losack, Depty. Secry. 1% pp. Endorsed, Reed.
(from Mr. Meure) 7th Nov. 1728. Nos. i v endorsed,
Reed. 9th Nov., 1728. [C.O. 152, 17. ff. 1113, 14,
15, 16, 17, I7v., I8v., 22v.]
321 . Council of Trade and Plantations to the Duke of New-
castle. Enclose following, to be laid before the King. Autograph
signatures. Ip. Enclosed,
321. i. Extract of Governor Hunter's letter, 4th May, relating
to Spanish privateers. [C.O. 137, 46. Nos. 52, 52. i ;
and (without enclosure) 138, 17. p. 245.]
322. Bryan Wheelock to William Popple. Having in your
brother's absence got copies prepared of the representations of
28th Sept. 1717 and 20th June, 1728, as desired by H.E. Mr.
Walpole by your letter of 13th inst. N.S. with a schedule annexed
etc., I have this day sent the same to Mr. Delafaye to be
despatch'd to you by the first messenger. [C.O. 389, 28. p. 263.]
323. Mr. Wheelock to Mr. Delafaye. Encloses copies of
representations as preceding. [C.O. 389, 28. pp. 362, 363.]
324. Governor Worsley to the Duke of Newcastle. After
I had several times prorogued the last General Assembly etc.,
that there might be sufficient time to pass a new Excise Act etc.
(v. 9th April), I dissolved the said Assembly, 18th June, and by
the advice, and consent of H.M. Council, called a new one to
meet the 13th July, when, they accordingly met, and again
choses Collo. Peers their Speaker ; Whilst there was no Assembly
sitting the Countrey was pretty quiet, but upon this last election,
AMERICA AND WEST INDIES.
163
1728.
July 20.
Barbados.
July 22.
Horse
Guards.
July 22.
Hampton
Court.
the former spirit of faction broke forth, and the general cry was,
for the good of their eountrey ; Upon their first meeting, I made
them a speech (copy enclosed). The Assembly has met and once
passed the Excise bill, and tho' a Committee was appointed to
draw up an answer, as they call it, to my speech, yet they have
not done it, in that they say, it seems to require the most
mature consideration, and therefore desired a longer time to
consider of it ; I can't imagine what it is they boggle at in my
Speech. Notwithstanding the cessation of Arms, which has
been published, between Great Britain and Spain, we have had
lately taken, by a Spanish privateer of St. Domingo, a
merchant ship, the Dolphin, Jasper Morris master, which was
loaden with sugar and bound for London etc. Refers to
enclosures. Signed, Henry Worsley. Endorsed, R. Oct. 8. 3 pp.
Enclosed,
324. i. Deposition of Jasper Morris, Thomas Markis and
Michael Galwey, as to the capture of the Dolphin by a
Spanish privateer etc. Barbados, 8th July, 1728.
Referred to in preceding. Copy. lf/>>.
324. ii. Similar deposition by Same and Walter Quarme.
St. Christophers. 29th June, 1728. Copy. \lpp.
324. iii. Governor Worsley's Speech to the Assembly. We
cannot be too zealous in demonstrating our loyalty to
H.M. etc. Recommends them, after passing the Excise
bill, to consider the ruinous condition of the fortifi-
cations etc. Copy. 2 1 pp.
324. iv. Address of the Grand Jury of Barbados to the
King, llth 13th June, 1728. Pray for his long and
prosperous reign etc. Signed, 17 signatures. 1 large
folded p. [C.O. 28, 44. Nos. 121, 121 i iv.]
325. Governor Worsley to the Council of Trade and Plant-
ations. Duplicate of preceding covering letter. Signed, Henry
Worsley. Endorsed, Reed. 7th, Read 15th Oct., 1728. 3 pp.
Enclosed,
325. i., ii. Duplicates of preceding end. Nos. i, iii. Endorsed as
preceding. [C.O. 28, 19. //'. 204 206i;., 207t\ 2()8t;.,
2090.]
326. Judge Advocate Hughes to the Duke of Newcastle.
See No. 358 iv. Signed, E. Hughes. Endorsed, R. 27. 3 pp.
Enclosed,
326. i. Rev. Thomas Curphey to Mr. Hughes. See No. 358 iii.
[C.O. 23, 14. ff. 41 44u.]
327. Duke of Newcastle to the Council of Trade and Planta-
tions. I herewith send yor. Lops, several papers etc., which I
have lately received from Mr. Donovan Agent to the Contractors
for victualling H.M. ships at Jamaica, who complains of his
being under prosecution there, for having imported from
Barbados a quantity of rum for the use of H.M. Squadron in the
164 COLONIAL PAPERS.
1728.
West Indies, and having caused it to be put on board one of
H.M. ships at Port Royal, from whence it was distributed among
several ships of the said Squadron, without paying the dutys
with which by an Act lately passed in the Assembly of Jamaica,
arrack and other spirits are chargeable on importation there,
and proposes that when this Act shall be laid before the Council
etc., a clause may be inserted in it, to except from the duty there-
by laid on spirits, all such rum as shall be imported for the use of
H.M. ships. You are to lay before H.M. a state of the case with
your opinion thereupon and whether a stop should be put to
this prosecution etc. Signed, Holies Newcastle. Endorsed, Reed.
22nd, Read 30th July, 1728. l\pp. Enclosed,
327. i. Timothy Donovan to the Duke of Newcastle. Port
Royal. April 24, 1728. Complains as above. The latter
part of the Act is intirely calculated against the Navy
and no other etc. Signed, Tim. Donovan. Endorsed as
preceding. Copy. 2pp.
327. ii. Notification of the duties laid by the Act for granting
a revenue to H.M. April 18, 1728. Signed, Charles
L(l)oyd, Receiver General. Same endorsement. Copy.
4| pp.
327. iii. Correspondence between Timothy Donovan, Admiral
Hosier and the Receiver General, 15th July llth
Dec., 1727, showing the scarcity and dearness of rum
and the difficulty of supplying the demands of the fleet
etc. Copy. 4>pp.
327. iv. Timothy Donovan to the President of the Council,
Port Royal, Dec. 12, 1727. Protests against a summons
on account of rum imported from Barbados by the
sloop Jolly for the use of the Squadron, which urgently
needed it etc. Signed, T. Donovan. Copy. 2 pp.
327. v. Answers by Timothy Donovan to the information
exhibited against him by the Attorney General of
Jamaica relating to preceding. Same endorsement. Copy.
5f pp. [C.O. 137, 17. ff. 55, 55v., 5Qv.57v., 58v.
68v., 69v. ; and (covering letter only) 137, 46. No. 53.]
[July 23.] 328. Petition of Thomas King to the Council of Trade and
Plantations. Prays that the Act of Jamaica, 1722, for encour-
ageing the speedy settling of Pero or Pera plantations may be
confirmed. Recounts previous procedure concerning it (v. C.S.P.
1725 etc.). The bills preferred by Rev. Wm. Gordon, his wife,
Mr. Peers and Mr. Whitehead, have been dismissed, showing
that they have no real claim to the estate etc. Endorsed, Reed.
23rd July, 1728, Read 21st May, 1729. 2 pp. [C.O. 137, 18.
ff. 11, lit;.,
July 24. 329. Rev. T. Curphey to Sir C. Wager. See No. 358 ii.
Signed, Tho. Curphey. Addressed, 1 p. [C.O. 23, 14. ff. 47,
480.]
AMERICA AND WEST INDIES.
165
1728.
July 25.
Hampton
Court.
July 25.
Hampton
Court.
July 25.
Hampton
Court.
July 25.
Hampton
Court.
330. Order of King in Council. Approving Instructions
for Governor Worsley as 27th June, except that the Council of
Trade having now proposed Joseph Pilgrim in place of Mr.
Lillington, he is appointed to the Council. Signed, Edward
Southwell. Endorsed, Reed. 19th Oct., Read 20th Nov., 1728.
3 pp. [C.O. 28, 20. ff. 68, 69u.]
331.
407.]
Copy of above Instructions, [C.O. 5, 194. ff. 303
332. Order of King in Council. Approving draught of
Governor Philipps' Commission. Signed, Edward Southwell.
Endorsed, Reed. 19th Oct., Read 20th Nov., 1728. 1 p. [C.O.
217, 5. ff. 89, 90*;. ; and 5, 194. /. 420.]
333. Order of King in Council. Approving draught of
Governor Philipps' Instructions and representation of the Board
of Trade thereon etc. Signed and endorsed as preceding. l pp.
[C.O. 217, 5. ff. 91, 92u. ; and 5, 194. ff. 433, 433A.]
July 25.
July 25.
July 25
Hampton
Court.
334. Petition of Assembly of Barbados to the King. A
repetition of the petition of the Majority, Jan. 4, q.v., but conclud-
ing : Nor can the inhabitants bear the necessary charge
either of buying powder sufficient or repairing the fortifications
etc. while the heavy tax which they have for so many years paid
chiefly for H.E.'s use is continued, by which tax allmost all the
current cash of this Island is annually brought together and
hoarded in H.E.'s coffers, trade is stagnated, and the value of
the produce of the Island is very considerably lowered, to the
vast damage of the distrest inhabitants who are forced to part
with their goods at any price to raise their quota of a tax not
only heavy in itself but much more so in regard of the ill effects
it has upon trade and the marketts in the Colony. Petitioners are
ready to prove the truth of these allegations etc. Signed, Robt.
Warren, Cl. of the Assembly. [C.O. 28, 39. No. 44.]
335. (a) Governor Worsley's Speech to the Council and
Assembly of Barbados.
(b) Address of the Assembly in reply. Copy. Signed, Robt.
Warren, Clk. of the Assembly. The whole endorsed, Reed.
(from Mr. Price), Read, Feb. 25, 172$. 5 pp. [C.O. 28, 20. ff. 97,
98 99u., lOOu., 1010.,
336. Order of King in Council. Approving representation
of Nov. 10, 1726, and ordering accordingly that stores of war be
sent to the Bahama Islands, and that the Governor be empowered
to call an Assembly of 24 Members by an instruction in
166
COLONIAL PAPERS.
1728.
July 30.
Whitehall.
July 30.
Whitehall.
July 30.
Whitehall.
July 31.
Hampton
Court.
Aug. 3.
Lincoln's
Inn.
Aug. 3.
Jamaica.
his Commission now being prepared etc. v. A.P.C. III. No. 151.
Signed, Edward Southwell. Endorsed. Reed 30th. Read 31st
July, 1728. If pp. [C.O. 23, 2. ff. 146, 147u. ; and (copy of
first part of order, endorsed, Reed. 19th Oct., Read 20th Nov.,
1728) ff. 180, I8lv.]
337. Mr. Wheelock to Mr. Fane. Encloses Revenue Act of
Jamaica etc. for his opinion how far it is agreeable to the intention
of the draught and Instructions relating thereto etc. [C.O.
138, 17. pp. 245, 246.]
338. Same to the Commissioners for Victualling the Navy.
In relation to Mr. Donovan's complaint (July 22), enquires
whether the contractors for supplying H.M. ships in the
West Indies with rum or other provisions, have paid duties in
any of H.M. Colonies in America for such supplies, etc. [C.O. 138,
17. p. 247.]
339. Same to Mr. Fane. Encloses 6 Acts of Jamaica, 1728,
for his opinion in point of law, etc. [C.O. 138, 17. pp. 248, 249.]
340. Copy of Governor Philipps' Commission. [C.O. 5,
194. ff. 421428.]
341 . Attorney General to the Duke of Newcastle. I had the
honour of your Lordship's commands by your letter of ye 30th
past to hasten the dispatch of the conveyance of the Province
of Carolina to his Majesty. Explains that though Mr. Solicitor
General and himself received instructions from the Treasury
on 13th July to prepare the necessary instruments, and there-
upon immediately acquainted the Agent of the Proprietors that
their respective titles ought forthwith to be laid before them,
it was not till this evening that abstracts only of the titles of
James and Henry Bertie and Mr. Hutcheson were left with him
etc. " It is impossible for H.M. Councill to advise the acceptance
of the conveyance etc. without being truely informed of the state
of the title, which in some of the Proprietorships may require
particular consideration, there having been severall subsequent
conveyances since the first grant, and some thereof litigated "
etc. Signed, P. Yorke. 2pp. [C.O. 5, 306. No. 9.]
342. Governor Hunter to the Duke of Newcastle. I am
frequently in straits for want of a quorum of Councelers by reason
of the distant residence of many, and the absence of others.
One of that number, Pusey by name, has been absent sevll.
years and so forfeited all claim to a seat at that Board etc. Asks
for appointment of Alexander Forbes, Provost Marshall, but
acting by Deputy, who is very well qualified. Continues : I can
not look without concern upon what may happen here in case of
AMERICA AND WEST INDIES. 167
1728.
my death or sudden removal. The generality here have either
such an aversion to or contempt of Mr. Ayscough, and he a man
of such passions and resentment, that I can not in duty or
conscience advise the intrusting him againe wh. the adminis-
tration. The next Councellor to him is Coll. Gommersell, a
man of substance long experience and probity, how far his
capacity may reach in that ticklish trust I know not. So if a
dormant Commission is not adviseable a new model of the
Council may prevent the confusion I apprehend and can have no
bad consequence. Recommends for filling a vacancy in the Council
Edward Charlton, one of the Judges etc. Has no grudge or spite
against Mr. Ayscough etc. Signed, Ro. Hunter. Endorsed, R.
Oct. 7th. Holograph. 1\ pp. [C.O. 137, 53. ff. 74 75v.]
Aug. 3. 343. Same to Mr. Stanyan. Encloses copy of following
letter etc. and asks for instructions as to Mr. Coleman's office.
Signed, Ro. Hunter. Holograph. 2 pp. [C.O. 137, 53. ff. 76,
Aug. 3. 344. Governor Hunter to the Council of Trade and Planta-
Jamaica. tions. Refers to enclosed Speech to Assembly and their reply,
when they met on 2nd July etc. Continues : I cannot but say
they began with a good aspect having entred into many resolves
for the publick credit and the security of the country but the
same was soon changed by a bill's being brought into the
Assembly for making the goods of the produce of the country
a law full tender for the payment of debts ; This bill having passed
the Assembly and Council I found they had it so much at heart
that it was apparent they declined doing any other bussiness till
they knew the fate of that bill (copy enclosed). Many arguments
were used in the Council pro and con, but the majority having
passed the bill in their legislative capacity, Mr. Mill entred his
dissent against it (end. iv), and in a day or two after the mer-
chants and traders petitioned me against my passing it, markt
No. 5. Upon which I call'd a Council and laid the whole before
them and askt their advice whether it was not a bill of
extraordinary nature and consequently such as I was forbid
by my Instructions to assent to without a clause inserted
therein suspending the execution thereof until H.M. pleasure
should be further known, and the Council were of opinion
that it was a bill of that nature and not fit to be passed
into a law without H.M. further direction. Upon which
Mr. Lawes delivered his reasons against the bill which he
desir'd might be enter'd in the Council books and is markt
No. 6. The chief arguments for the bill that I have heard
of are contained in No. 7. Upon the whole I shall entirely
submit it to your Lordpps., whether such a bill may be necessary
for the good of the country either with respect to the planter or
merchant and I must pray your Lordpps.' directions in case the
168 COLONIAL PAPERS.
1728.
house should pass another bill to the same effect next sessions,
what proviso or salvo may be requisit to be inserted in the bill
in order to it's being pass'd. The Assembly sent up to the Council
another bill, entitled, an Act for establishing the publick credit
with regard to particular orders of Council, which though intend-
ed for the credit of the Government, yet the Council perceived
there was no provision made for the payment of the intrest, which
the orders of Council were to bear mention'd in the bill, so they
lookt upon it as a diminution of H.M. Revenue and therefore
declin'd passing it. The Assembly having the first mention'd
bill so much at heart and they percieving little hopes of my pass-
ing it contrary to the advice of the Council, they sent me a
message on the first instant desiring a recess, which I communic-
ated to His Majesty's Council who were of opinion to prorogue
them to the 24th of October next, to which day they now stand
prorogued, when I hope both the season and the persons will be
cooler. The Minutes of the Council and Assembly are so volu-
minous that it was imposible to have them transcribed at length
to transmit by this conveyance, but they shal be sent by the next
opportunity and since the most material transactions are inserted
in the enclosed papers, I hope it may for the present answer
your Lordpps.' expectations from me. The settlements at Port
Antonio are going on with a good prospect, many orders are
already issued to the inhabitants, newcomers etc. for the taking
up land there agreeable to the last Act passed here (tho' not
yet at home) for the settling that part of the country ; I recom-
mend it to your Lordships to obtain H.M. assent to that law if
not already done, and nothing could contribute more to the
security and strength of the settlements there and indeed of the
whole Island than an Engineer, whom I have long expected and
who is absolutely necessary for erecting new and repairing our
old fortifications, which is all that at present occurrs from, etc.
Signed, Ro. Hunter. Endorsed, Reed. 3rd Oct., Read 13th Nov.,
1728. 3| pp. Enclosed,
344. i. Governor Hunter's Speech to the Council and Assembly.
Recommends effectual measures to reduce rebel slaves,
the appointment of an Agent to solicite their affaires
at home, a bill to prevent litigious suits, the reduction
of the present high interest of money and the high
value of current coin, and repair of public buildings,
prison, barracks etc. Copy. 3 pp.
344. ii. Address of Assembly in reply to preceding. Copy.
\p.
344. iii. Act passed by Assembly 18th July, 1728, to oblige
creditors to accept of the produce of the Island in payment
of their debts. Copy. 4| pp.
344. iv. Reasons advanced by Richard Mill in Council against
preceding bill. Copy. 3| pp.
AMERICA AND WEST INDIES.
169
1728.
Aug. 3.
Jamaica.
Aug. 3.
Jamaica.
Aug. 5.
Jamaica.
344. v. Petition of merchants and traders of Kingston to
Governor Hunter. Object to above bill (No. iii),
showing that it will injure the credit of the Island
and ruin many of the inhabitants etc. 35 signatures.
Copy. 7 'I pp.
344. vi. Reasons advanced in Council by James Lawes against
said bill. Copy. 2 pp.
344. vii. Arguments used for passing said bill. 3^ pp. Nos.
i vii endorsed, Reed. 3rd Oct., 1728. [C.O. 137, 17.
ff. 110 1110., 113125, 126t;.]
345. Governor Hunter to Mr. Popple. I referr you to mine
to their Losps. (preceding) for information of what has been done
or rather that nothing has been done in this session of Assembly
and the causes or pretences for that conduct tho' no buss'nesse
but their own lay before them. They requested a recesse and I
granted it to cool them. I had one overture in my head which I
did not care to offer to their Losps. in order to make that sugar
bill tolerably just. If you think fitt to offer to any of yr. board
particularly you may. It is this. That the debtor ship the sugars
at his own cost and risque and draw upon them at a certainty
pr. cent by wch. means the creditor will be in a better state
then by ye bill and I believe none will decline such payt. We are
indeed distress'd for want of currency and if ye evil continues the
bill will be reviv'd again etc. Signed, Ro. Hunter. Endorsed,
Reed. 8th Oct., Read 13th Nov., 1728. Holograph. l pp.
[C.O. 137, 17. ff. 108, 108*;., 109u.]
346. Same to the Duke of Newcastle. To same effect as
preceding, enclosing copy of his letter of 3rd Aug., and adding :
By a sloop from Porto Bello I am inform' d that they are loading
the silver of the galleons on board the fourteen ships of warr they
have there, the galleons being unserviceable. Their privateers
continue their depredations. Mr. St. Lo had sent to demand
restitution but I know not what return he has had, etc. Signed,
Ro. Hunter. Endorsed, R. Oct. 7th. Holograph. l%pp. Enclosed,
346. i. Duplicate of No. 344. [C.O. 137, 53. ff. 70, 70i;., 7lv.
73v.]
347. James Wimble to the Duke of Newcastle. Bound
for Jamaica with produce of N. Carolina, his sloop and cargo
valued at 877. 145. sterl., were taken by a Spanish privateer
from Cuba, off Hispaniola on 7th May. Has made his complaint
to the Governor and Commodore here, who have sent a man of
war to demand reparation from the Spaniards for the damage
they have done, which is 15 sail taken from the English. The
Spanish Governor refused to make satisfaction etc. Petitioner
who was born in Sussex and lives at Boston is thus entirely
ruined, the sloop and cargo having been his whole substance.
170
COLONIAL PAPERS.
1728.
Aug. 5.
Victualling
Office.
Aug. 6.
Whitehall.
Aug. 7.
Whitehall.
Aug. 9.
Virginia.
Asks his Grace to " favour me with a line to setesfy me wether i
can recover anything from ye Spand." or, if not, to provide
him with some small post in New England etc. Signed, James
Wimble. Endorsed, R. Oct. Addressed. Postmark. 1 p. \C.O.
137,53. ff.78,79v.]
348. Commissioners for Victualling the Navy to Mr. Popple.
Reply to 30th July. We have not heard that duties have been
paid or demanded till now etc. Altho' it is taken for granted in
generall that where the Islands afford a sufficiency of rum or
other species, the ships are supplyed out of the produce of each
place, yet in cases of absolute necessity from bad crops, unfore-
seen large demands, or other accidents, by which there shall not
be sufficient to answer H.M. service, as was the case in 1726,
when we were obliged to send both rum and wine for the
Squadron in the West Indies without paying any duty etc.
We conceive that on such emergencys H.M. ships should in like
manner be permitted to have supplys from other places etc.
4 signatures. Endorsed, Reed. Read 6th Aug., 1728. 2 pp.
[C.O. 137, 17. ff. 70, 70v., 71v.]
349. Mr. Popple to Mr. Attorney General. Asks for opinion
whether H.M. may legally grant Mr. Donovan a noliprosequi
etc. Encloses papers relating to the case (v. 30th July etc.}.
[C.O. 138, 17. p. 250.]
350. Mr. Popple to the Commissioners for Victualling H.M.
Navy. Enquires whether the wine and rum, mentioned 5th
Aug., were sent directly to the Squadron or first landed in the
West Indies, and where the Squadron then was. [C.O. 138, 17.
p. 250.]
351 . Lt. Governor Gooch to the Council of Trade and Planta-
tions. I have the honour of your Lordships letter of the 7th of
May. In answer to it, I begin with giving your Lordships the
strongest assurance, that nothing shall slip my observation, and
that every occurrence from time to time shal be faithfully trans-
mitted to your Lordships. I return your Lordships my thanks for
approving the person I recommended to succeed Col. Harrison.
The reprehension I meet with in the next paragraph of your
Lordsps. letter for the violation of my Instructions is what I very
justly deserve, if the reasons I humbly presume to offer will
administer no alleviation. But my Lords before I left England,
being there told that perhaps something of this kind might
happen, I acquainted the Duke of Newcastle and Sr. R. Walpole
of it ; and afterwards told Ld. Westmorland that if anything
abroad happens to my advantage, I hoped to find favour at
your Lordships Board ; I can't say his Lordship made me any
other reply than wishing my health and a good voyage : but
AMERICA AND WEST INDIES. 171
1728.
the answer His Grace gave me, was, that I might expect the same
indulgence with other Governours ; Sr. Robert to the same
effect. This, my Lords, was the method I took, and from what I
have now the honour to relate to your Lordships I must own that
I thought if I did accept of such offers as have been made me,
I had a sufficient dispensation till H.M. pleasure was known ;
and that before your Lordships justice, this action would have
received a favourable construction. That other Governours have
been thus indulged, the late Mr. Nicholson is an instance of it
in this Colony ; he had the same present allow'd to him at a
time when 300 would have gone as far as double that sum will
do now. My Lords, the charge I was at to bring my self and
family hither, was not 20 less than the present from the Council :
the money I was out of pocket to equip my self for this publick
and expensive station, will hardly be reimburs'd in five years, a
long time to live in this country, and get nothing, and I do aver
to yr. Lordships that these presents were made to me, without
my being by word or deed concern'd. My Lords these are the
reasons I presume to offer, and thence humbly hope when your
Lordships shal reconsider my circumstances, your Lordships
will be prevailed upon to favour my acceptance not only of the
300 from the Councill, but also the 500 cur. the generous offer
of the people whom I have the honour to govern. I hope these
arguments will mediate some excuse for what I have done, and
interceed with your Lordships for forgiveness, which in my future
conduct I shall study to deserve. The first oppertunity I shall
propose a law to be passed as directed by my 119th Instruction
for making the Virginia estates of bankrupts liable to the
satisfaction of their English creditors. Your Lordships will find
that in the Act passed for building a lighthouse, care was taken
to insert the proper clause. By a letter I received from our Agent
Mr. Leheup, I am told that your Lordships have been informed
that the tobacco law limitting the number of plants to be tended
by each tythable is a great hardship laid by the rich on the poor
planter. But your Lordships will find by that Act a particular
indulgence allowed to people having no slaves, that they may
tend 10,000 plants when all others are restrained to 6,000 only.
The circumstances of the country make it very evident that the
rich are much more cramp't by this law than the poor : since the
former having large tracts of lands, have more of that which is
good to employ their slaves on than the poorer sort, who are
possest of small quantitys, and who cannot without destroying
that they have, afford to cultivate more of it than the 6000 plants
for each tythable. And it has been found generally true, that the
far greater part of the planters never tended so great a quantity
as the law allows, tho by a miscomputation they imagined they
tended more. My Lords, the only persons aggrieved by the
restraint of planting are those who have great tracts of fresh
land and many slaves, for they would have indeed the advantage
172 COLONIAL PAPERS.
1728.
of planting more tobacco on such fresh grounds and tending it
more easily than others can on lands that have been cultivated
before ; and having abundance of hands to employ on these new
lands, whenever the price of tobacco gives encouragement they
can make much greater crops than now they are allow'd to do ;
but at the same time it must be said that though they may plant
more in quantity yet it frequently proves very mean stuff,
different from the tobacco produced from well improved and well
tended grounds ; and tho' it may sometimes happen that a rich
man by the advantage of his money and the benefit of the prompt
payment at ye Custom House gets as good a price and by this
means more money than any industrious but poor planter can,
yet the rich man's trash will always damp the market and spoil
the sale of the poor man's good tobacco which has been care-
fully managed : a mischief which this law is calculated to remedy
and to encourage at the same time good tobacco, by allowing as
much to be planted as can be carefully and honestly tended and
cured. This my Lords is really the truth of the case whatever
pretences may be advanced to your Lordships in favour to the
poor ; for 'tis the rich complain and they only are the sufferers.
I must observe to your Lordships that since the restraint of
planting ; as much tobacco has been exported hence as ever was
before ; so that the law dos no injury to H.M. Revenue, nor to
the Planters industry. I herewith transmitt to your Lordships
duplicates of the Journals of Council, and of the Assembly, and
of the Laws. And the list of negroes and Madeira wine imported.
I have also sent the copy of a letter I writt to the Board of
Ordnance with a list of all the warlike stores in this Colony.
Signed, William Gooch. Endorsed, Reed. 21st, Read 26th Nov.,
1728. Holograph. 2 pp. Enclosed,
351. i. List of ships that have imported negroes, Port South
Potomack, 29th Sept. 1727 25th March, 1728. None.
Signed, Thomas Lee, Naval Officer. Slip.
351. ii. List of ships that have imported negroes, Port of
Rappahanock, Sept. 29, 1727 April 25, 1728. None.
Signed, Robert Carter jr. N. Off. 1 p.
351. iii. List of ships that have imported negroes, York River,
29th Sept. 1727 25th March, 1728. One, with 211
negroes, by separate traders. Signed, Will. Robertson,
Navl. Offr. 1 p.
351. iv. Ditto, James River and Eastern Shore. None. 1 p.
Nos. i iv endorsed, Reed. 21st Nov. 1728.
351. v. Ships importing merchandize from Madeira and the
Western Islands, South Potomack. None. Same period
and signature as No. i. 1 p.
351. vi. Ditto, Rappahanock. One. Same period and signature
as No. ii. 1 p.
351. vii. Ditto. York River. Three. Same period and signature
as No. iii. 1 p.
AMERICA AND WEST INDIES. 173
1728.
351. viii. Account of Stores of War in Virginia, 1728. Endorsed
as No. iv. 2 pp.
351. ix. Lt. Govr. Gooch to the Board of Ordnance with request
for stores of war. Without date or signature. Endorsed,
Reed. 21st Nov., 1728. Copy. 1| pp. \C.O. 5, 1321.
ff. (with abstract] 7476, 77, 7879, 80, 81 82*;.]
Aug. 10. 352. Sir C. Wager to Mr. Delafaye. Capt. Rogers who brings
Parsons you this letter tells me that nothing is yet refer'd to the Board of
Green. Trade relating to the Bahama Islands. I think some determin-
ation should be come to in that affair ; and therefore if there
be anything to be refer'd, I desire you will do it, that poor
Rogers may be out of his pain etc. Signed, Cha. Wager. 1 p.
Enclosed,
352. i. Capt. Rogers to Mr. Delafaye. London, 12th Aug.
1728. Entreats him to get the enquiry into the state of
the Bahama Islands referred to the Board of Trade etc.
The Duke of Newcastle and Lord Townshend promised
it should be done these three weeks past. Continues :
As I had no opertunity to explain myselfe to you when
I saw you last at Court, I hope you'l pardon this free-
dom, since I am forced to move for my former employ-
ment in a manner that I don't chuse, and have avoided
it as long as I cou'd, tho' I tryed to have my own
conduct examin'd, and never was able to get it done ;
yet I am sorry I must be a meanes to examine his, or
I can't be restored to the employment, that I hope in
justice I may ask for. I wish Mr. Pheney's friends had
not desir'd to justifie his actiones, since I am pretty
sure if they are known, they cannot turn to his advant-
age, the place being now in a much worse condition
as to people than it was seven years agoe, when I came
thence. Besides he sold a company of Dragoons he
comanded before he left England, and had mine given
him with the Govermt., yt. I preserved to my ruin,
and he may have my halfe pay if he returns, he can't
think it a hardship on him, since I was so odly removed
by surprize, when there never was nor I beleive ever
will be a good reason given for it, nor would I aske for
the same imployment again, did I not depend I could do
ye publick great service, in improving what I began,
and make it a place of consequence " etc. Refers to
his recommendations etc. Signed, Woodes Rogers.
Holograph. 2pp.
352. ii. Petition of Capt. Rogers to the King. Prays to be
restored to his Governorship of the Bahama Islands, or
compensated for his losses and sufferings in that
service etc. Copy. 2 pp.
174
COLONIAL PAPERS.
1728.
Aug. 12.
Victualling
Office.
Aug. 13.
Aug. 13.
New York.
352. iii. Testimonial to Capt. Rogers, recommending above
petition to Sir Robert Walpole. Capt. Rogers behaved
with the utmost resolution and fidelity, tho' to the
ruin of his own fortune etc. London, Feb. 29, 172f.
Signed, John Eyles, Montagu Barnard, Gilbt. Heathcote,
Micajah Perry, E, Vernon, Fran. Fane, Geo. Gregory,
Hum. Morrice, Jno. Lambert, Ed. Harrison, Matt.
Decker, Hans Sloane, Edwd. Southwell, G. Earle, John
Gould, Hen. Herring, H. Raymond, Matt. Martin, Jos.
Eyles, Saml. Winder, Wm. Sloper, Edmnd. Halsey,
John Hart, Alexr. Spotswood, Benj. Bennet, Chas.
Boone, Saml. Shute, Peter Walter. A copy delivered
to the Duke of Newcastle. Copy. l^pp. [C.O. 23, 14.
ff. 45, 4949*;., 51-52i;.]
353. Commissioners for Victualling the Navy to Mr. Popple.
Give details of rum and wine sent to the Squadron in the West
Indies in 1726 etc. Conclude : In both cases the Secretary of
State was desired by the Lords of the Admiralty to obtain H.M.
orders to the Government of Jamaica to permit the delivery
thereof duty free etc. Four signatures. Endorsed, Reed. 13th,
Read 18th Aug., 1728. 2pp. Enclosed,
353. i. Lords Commissioners of the Admiralty to the Commis-
sioners for Victualling the Navy, 13th Oct. 1726, with
Mr. Burchett's letter enclosing same. Endorsed,
Reed. 13th Aug., 1728. 2 pp. [C.O. 137, 17. ff. 76,
76v., 77v.78v.,
354. Mr. Popple to the Board of Works. There being
several small repairs necessary to be made in this Office, not
observ'd in the late estimate, my Lords Commissioners etc.
desire you will give directions that the same be made before the
workmen leave the office. [C.O. 389, 37. p. 293.]
355. Governor Montgomerie to the Duke of Newcastle.
The Assembly met on 22nd July. Encloses his Speech to them etc.
and their resolve to grant a revenue for the support of H.M.
Government. He insisted warmly in his Speech upon supporting
H.M. prerogative, because the Members now returned being
mostly the same as before, he feared they would persist in their
extravagant resolutions relating to the Court of Chancery. He
hopes it will prove of good effect, but suggests that some altera-
tions in that Court would be for the King's service and the good
of the Province etc. Set out, N.Y. Col. Docs. V, pp. 857, 858.
Signed, J. Montgomerie. Endorsed, R. Oct. 10th. Holograph.
Spp. Enclosed,
355. i. Duplicate of No. 356.
355. ii. Governor Montgomerie's Speech to the Assembly of
New York, with their reply, 23rd July, and their resolu-
AMERICA AND WEST INDIES.
175
1728.
Aug. 13.
New York.
Aug. 13.
Aug. 13.
Hampton
Court.
tion of 31st July, that " there shall be given to H.M. etc.
an ample and honourable support for His Government
of this Colony from 1st Sept. 1728 to 1st Sept. 1733."
v. Sessional Papers. Copy. 3f pp. [C.O. 5, 1092.
Nos. 70, 70. i, ii.]
356. Governor Montgomerie to the Council of Trade and
Plantations. Encloses Acts of New Jersey, passed in the last
Assembly, Minutes of Council and a letter from Governor
Burnet relating to them, and list of vessels entered inwards or
cleared outwards at New York, 29th Sept., 1727 25th March,
1728. Neither the Acts nor Minutes are abstracted in the margin,
but this is not his fault, as he never saw them till the night
before Governor Burnet left etc. Continues : I hope Governor
Burnet's letter will fully satisfy your Lordships that there is no
danger in applying the 5 per cent interest of the Jersey bills, for
the support of H.M. Government ; the certificates he sends are
proofs that the bills are annually and duely sunk, and that the
credit of and value of those that remain rises, while this is the
case the art of man will not induce the Assembly to apply the
interest in any other way, and it will be a dangerous thing to let
such a sum remain in the Treasurer's hands etc. Concludes,
ut supra. Set out, N.Y. Col. Docs. V. pp. 858, 859. Signed,
J. Montgomerie. Endorsed, Reed., Read 9th Oct., 1728.
Holograph. 4f pp. Enclosed,
356. i. Duplicate of No. ii encl. preceding. Same endorsement.
31 pp. [C.O. 5, 1054. ff. 298 302u.]
357. Mr. Attorney and Mr. Solicitor General to the Council
of Trade and Plantations. We have considered the Act of New
York for preventing prosecutions by informations, and the annexed
Memorial etc., and are of opinion that the said Act is a high
encroachment upon H.M. undoubted prerogative of proceeding
by way of information, and of dangerous consequence, and there-
fore not fit to be approved. Signed, P. Yorke, C. Talbot. Endorsed,
Reed. 14th Aug., Read 3rd Sept., 1728. 1% pp. Enclosed,
357. i. Copy of No. 4.
357. ii. Copy of No. 313. [C.O. 5, 1054. ff. 283, 283u., 2840.-
288, 289.]
358. Lord Townshend to the Council of Trade and Planta-
tions. Encloses following for their report and desires " an account
of the present state of the Bahama Islands and in what
manner it appears to you that Governor Phenney behaves in the
discharge of his office." Signed, Townshend. Endorsed, Reed.
Read 14th Aug., 1728. 1 p. Enclosed,
358. i. Remarks on the Island of Providence. 3 sloops only and
20 seafaring men, some absent. About 100 men that
can bear arms in all the island, many always absent ;
difficult to make a jury of 12 men. If Mrs. Phenney were
176 COLONIAL PAPERS.
1728.
gone, and an Assembly settled, many inhabitants would
come. The Governor ingrosses all the trade. Mrs.
Phenny sells rum by the pint, and biscuit by the half
ryal. The present Lessees have a lease of 21 years, of
which half is now expired ; but have power to grant
land for 99, but former inhabitants pretend titles to the
land near the sea etc. that it requires an Act of Assembly
to settle titles. They have expended 35,000 in that
undertaking, building forts etc., but some of their
Agents have dyed, some been taken by the Spaniards,
and others applyed their goods to their own use. The
pirates have been dislodged, and the island defended
against the Spanish attack, but if some care be not
taken, the pirates will plunder and take possession of
Providence again, or the Spaniards seize on it. Bahama
Proprietors the same as Carolina, and Lord Berkeley
added etc. Notes of Governor Phenny's account of the
islands. Endorsed as preceding. I%pp.
358. ii. Mr. Curphy to Sir Chas. Wager. When your Honour
was pleased to enquire of me after the state of the
Bahama Islands, and the administration of Captn.
Phenny, I both truly and particularly gave you an
account of its present unhappy circumstances. Refers
for further particulars to one Boswell formerly
Commander of the Company's trading sloop at
Providence, who has already given an account to
Capt. Hide etc. " He will confirm every article I
have offered in regard to the male proceedings of
that Governor, whose conduct only has caused it to
be forsaken by all that were in any capacity of going
off from that island." Signed, Tho. Curphy. Same
endorsement. Copy. 1 p.
358. iii. Mr. Curphy to Mr. Hughes. June 28, 1728. Gives
an account of the circumstances of the execution of
John Wadsworth. Enclosed in following. Signed,
Tho. Curphy. Same endorsement. Copy. 3 pp.
358. iv. Edward Hughes, Judge Advocate General, to the
Duke of Newcastle. Horse Guards, July 28, 1728.
I think it my duty to lay before your Grace the cruel
and unlawful proceedings of Capt. George Phenney
of an Independant Company at Providence. In
1722 a court-martial was held there, when John
Wadsworth was tried for desertion. The Court was
composed of Capt. Phenney, Lt. John Howell, contrary
to the Act of Parliament which appoints the President
not to be under the degree of a field officer and not
less than 12 other commission officers. Wadsworth
was condemned and the proceedings confirmed by
the Lords Justices, but I refused to grant a warrant
AMERICA AND WEST INDIES.
177
1728.
Aug. 14.
Aug. 14.
Whitehall.
for his execution on finding the illegality of the
proceedings. In less than a month after my refusal,
a letter came from Governor Phenney recommending
him for mercy, and the first Clerk of the War Office
informed me H.M. had pardoned Wads worth, who
had been 18 months in a dungeon underground.
Lately at the War Office a Chaplain informed me
that the Governor had born the poor man a very ill
well, and as he found he could not try him by martial
law, he appointed his Lieut., John Howell Attorney
General and another officer Judge of the Admiralty
and a Court and a Jury of old pyrats and mulattoes
(for there is few others on the Island, driven away
by the unheard of cruelty's of the Govr.) and they
proceeded to try Wadsworth for a pyracy, in that
he took a small canoe with 2 paddles and went to
some part of the island in company with one Hart.
Both were condemned and Wadsworth hanged etc.
Asks for " an enquiry into the conduct of this cruel
man, and for the murther of a poor unfortunate gentle-
man who was kept in the island on such a slavery
which caused him to desert " etc. Signed, E. Hughes.
Same endorsement. 3 pp. [C.O. 23, 2. ff. 148,
1490. 1500., 151t;., 152, 153t;.-157i;.]
359. Col. Dunbar to Mr. Popple. Mr. Armstrong, deputy
to his predecessor, Mr. Burniston, lately marked out 770 trees
for H.M. use, from 24 to 35 in. diameter, and made a seizure
of 2000 logs of the same diameter etc., each of which the
inhabitants having cut within their townships, alledged were
not within the jurisdiction of the Admiralty, and that being
felled they remained the property of the fellers etc. Is informed
they have been condemned. Is sailing for N.E. in 14 days
and desires the Board's directions, any acts or papers for his
instruction ; and the limits of Nova Scotia, since there is a
large country lying waste between it and New England, upon
which grows the best timber. Unless this is esteemed part of
Nova Scotia, as it was when the French had it, he will want
power to mark out there any of the 200,000 trees to be reserved
for H.M. use. Signed, David Dunbar. Enclosed, Reed. 13th
(sic.), Read 28th Aug., 1728. Holograph. 2 pp. [C.O. 5,
870. ff. 119, 119t;.,
360. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following.
360. i. Same to the King. Enclose following.
360. ii. Draught of Instruction for Governor Philipps
relating to the observance of the Acts of Trade and
Navigation. In the usual form. [C.O. 218, 2. pp.
120, 121.]
C.P.XXXVI 12
178
COLONIAL PAPERS.
1728.
Aug. 14.
Whit oil all.
Aug. 14.
Barbados.
361. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before the King.
Autograph Signatures. 1 p. Enclosed,
361. i. Draughts of H.M. Warrants to the Governors of the
Massachusets Bay, New Hampshire, New Jersey and
Bermuda, empowering them to use the new Seals
(described), and requiring them to return the old
Seals to be defaced etc. [C.O. 5, 4. Nos. 34, 34.
i-iv ; and 5, 916. pp. 170-174.]
362. Governor Worsley to the Duke of Newcastle. Encloses
following Address. Continues : After it was read in Council,
I ordered an Address to be read of the General Assembly,
16th Feb. 1720 ; in which there are these words, " We cannot
express the discontents occasioned by those charges, which
tend apparently to revive, and support an expiring faction
among us, who are known enemies to the peace of their countrey,
and have been always suspected of disaffection to your Majesty,
and your Royal House." I must also beg leave to observe to
your Grace a particular passage in the Address of the present
Assembly, " Or redressing any grievances the people labour
under." Upon this head I had the honour to observe to your
Grace, 4th Aug. 1727, that the Assembly thought themselves
upon the same foot as the Parliament of Great Britain, and
they have for these many years aimed at it ; on 9th Aug.
1698, an Act was passed here, to declare and ascertain the rights
and powers of the General Assembly. But the 18th of May
following King William repealed that Act, so that I can't be
enough surprised to find them attempt it again. In the last
paragraph of their Address to me they say, " We shall loose
no time in passing the Excise bill recommended to us, nor shall
we be wanting to propose all such other bills as in our humble
apprehensions shall tend to the publick peace, welfare, and
good Government of the Island, with dutiful regard to the
honour and dignity of the Crown." And at the same time,
as your Grace will observe by a copy of their Excise bill, which
I have sent your Grace inclosed, tho' not yet passed the Council,
they have shewn very little regard to the Crown, and would
encroach upon the King's prerogative, as is evident from the
several provisions they have now put in this Excise bill : " That
a particular account of all such necessaries and utensils be first
laid before the Assembly to be by them inspected, regulated,
and approved of, and they thereon address the Governor etc.,
and Council for the payment thereof ; and the Treasurer
for the time being is hereby strictly enjoyned and required
not to pay or allow of any order or orders that shall be granted
or obtained for the payment of such necessarys and utensils,
unless such order or orders be obtained in manner aforesaid,
and the Committee of publick accounts for the time being is
AMERICA AND WEST INDIES. 179
1728.
hereby strictly required and enjoyned, not to allow of any
order or orders that shall be granted or obtained for the pay-
ment of such necessarys or utensils, unless the same be obtained
in manner aforesaid, to the credit of the Treasurer for the
time being, upon his accounting with them, any law, usage, or
custome to the contrary notwithstanding." For keeping the
Magazine buildings in repair, " for which no summ or summs
of money shall be paid to any person or persons whatsoever
by the Treasurer for the time being, on any order or orders
that shall be hereafter past, but such only as shall be addressed
for by the General Assembly, and obtained in the same manner
as is herein before appointed in this clause, nor shall they,
or any of them, be allowed of by the Committee of publick
accounts to the credit of the Treasurer, on his accounting
with them " etc. An attempt of this nature was never yet
made before in this Island, and contrary to H.M. 34th
Instruction to me, and having notice thereof, before the bill
was read the second time for passing, I sent, by the Provost
Marshall, an authentick copy of the said Instruction to be
laid before the Assembly, yet they had no regard to it, and
passed the bill the second time, and sent it to the Council,
and upon perusing the bill, finding that it was not drawn so
carefully but that it clashed with some other of H.M. Instruc-
tions ; before the bill was read in Council, fearing least they
might likewise pass it, I told them that they were H.M. Council
in this Island, and that they might not be ignorant of H.M.
commands, I had ordered the Clerke to lay before them H.M.
15th, 16th, 21st and 34th Instruction to me. Upon which the
Council made amendments to the bill nemine contradicente,
which, with the bill, were sent down to the Assembly etc. Refers
to enclosed Minutes of Council. Continues : To which the
Assembly disagreed, and desired a conference with the Council,
which the Council agreed to the next day, and a Committee
was appointed to confer with a Committee of the Assembly,
and after the Conference was over, the Committee of the Council
made their report to the Council, and sent it down to the
Assembly, and at the same" time desired to know if what they
had therein reported to the Council, were their reasons for not
concurring with the Council in their said amendments, and
if there was anything added, or diminished, that they would
set it right, and return it in writing, and then the Council would
return an answer thereto etc. (v. Minutes of Council and
Assembly). I must now beg leave to make some observations
from the Minutes of the present Assembly ; On the 13th of
July, the first day they met, they sent two Members to me
to know to what time they should adjourn, but have since
that adjourned of their own accord ; In their Minutes of the
25th past they agreed to a petition to H.M. of grievances,
and tho' it passed the House, yet it was not ordered to be
180 COLONIAL PAPERS.
1728.
entered in their Minutes, so that I can't have a sight of it, but
I am told it is much the same they sent last year, when thirteen
of them met together tho' they were then prorogued ; In the
Minutes of the 5th instant, they chose a new Speaker, and
Collo. Peers was chose nemine contradicente, indeed I had
approved of him before at the beginning of the Sessions, but
yet I think they ought to have known if I would approve of
him, their custome is to choose a new Speaker after every
four sittings ; In the Minutes of the same day they have passed
a bill to exclude the Members of the General Assembly from
certain offices civil and military, which was rejected last year.
In the Minutes of the 8th of August, there is somthing very
particular in Mr. McMahon's Speech, " that they could not
with any regard to the rights, properties, or libertys of the
people they represent, recede from what they had proposed
and agreed to in the said bill." The same Gentleman makes
an observation upon me, which indeed proceeded from a
mistake in the Clerk of the Council, in minuting, that the
report was made to me and the Council, tho' I did no ways
vote with them, and only appointed the Committee, which
the Council told me I ought to do, and it has always been
the practice upon the passing of all bills, for the Governor to
be present, and whenever the prerogative of the Crown
interferes with the interest of these people, it may not be
thought unnecessary, especially since the Assembly say upon
this head, that their interest, and that of the Council, is all
one ; (v. Report of Committee of Council). I am at a loss to
know what they mean by the rights, properties, and liberties
of the people ; in this very strain they talk't last year, and
how far they may carry it I can't tell. I think they have none
but what appears in H.M. Commission and Instructions to his
Governour, and I am induced to believe it, not only from the
repeal of an Act to ascertain the rights and powers of the General
Assembly, as abovementioned, but also from the repeal of an
Act passed 1697, for the better securing the liberties of H.M.
subjects etc., which is the very same as the Habeas Corpus Act
in England, and was repealed the 9th of July, 1702, tho' they
do enjoy the benefit of it by H.M. Instructions to the Governour.
The 12th instant the Assembly sat, and taking into consideration
the Council's message in relation to the Committee of Council's
report etc. (supra] they ordered that a copy of their Minutes
relating to the Excise bill, should be forthwith delivered to the
Clerk of the Council, and the Council sitting the next day, it was
laid before them, by which your Grace will see, that the Assembly
insist upon having given full and weighty reasons to the
Committee of the Council, for their disagreeing to their amend-
ments to the Excise bill, and that the Committee of Council had
not reported their reasons to the Council, as they were urged,
and that they were ready to confer with the Council on the
AMERICA AND WEST INDIES.
181
1728.
Excise bill, and their amendments which they had disagreed to ;
After the said Minutes were read, the Council sent a message
to the Assembly in the words following : " The Council having
observed by the Minutes of the Assembly, that the Gentlemen
of that House had suggested, that the Committee of the Council
appointed to confer with them about the amendments made
to the Excise bill, had misrepresented their meaning in several
particulars, have resolved, in order to prevent any misunder-
standing for the future, and to shew their readiness to joyn
with them in everything that is consistent with their duty,
and the publick good, that they will draw up their reasons
in writing for making such amendments (for which purpose
they have appointed a Committee) and that a copy of such
their reasons should be sent to them etc. But as I believe the
Assembly will not agree to the amendments of the Council,
I am afraid they will not pass another Excise bill, tho' I should
prorogue them (as I guess I shall be obliged to do) after such a
manner as the Council can pass, or I give my assent to, until
H.M. commands in relation to these amendments shall be
signified ; and what makes me the more apprehensive of it
is, that the same notions of the rights, libertys and properties
of the people are almost universally imbib'd by the inhabitants
of this Island. P.S. The Amendments of the Council to the
Excise bill are in the Minutes of the 6th inst. etc. Signed,
Henry Worsley. Endorsed, Rd. Oct. 8th. 13 pp. Enclosed,
362. i. Excise bill as passed by the Assembly, 25th July,
1728. Copy. 27% pp. [C.O. 28, 44. No. 122 (covering
letter only) ; and (enclosure only) 28, 39. No. 49.]
Aug. 14. 363. Governor Worsley to the Council of Trade and
Barbados. Plantations. Duplicate of preceding covering letter, mutatis
mutandis. Signed, Henry Worsley. Endorsed, Reed. 7th,
Read 15th Oct., 1728. 13 pp. Enclosed,
363. i. Governor Worsley's Speech to the Assembly. Pro-
poses loyal address and recommends passing of the
Excise Bill and repair of fortifications etc. " We
cannot be too zealous in demonstrating our loyalty
and duty to H.M., and in inculcating the same
principles amongst the people of this island etc. Those
only who have such principles can expect my counten-
ance and favour." Copy. Certified by Wm. Webster,
D. Secry. 1 p.
363. ii. Address of the Assembly of Barbados to Governor
Worsley. July 25, 1728. 'Tis with hearts filled
with zeal and humble affection to H.M. most sacred
person, and Government, that wee the Representatives
of H.M. most dutifull, and loyal subjects etc. do
acknowledge your Excy's. favour, in giving us this
oppertunity of appearing their choice in the first
182 COLONIAL PAPERS.
1728.
Assembly, under our most gracious Sovereign. Wee
most unfeignedly acknowledge the inestimable goodness
of the divine Providence in securing to us the succession
of so heroic, so glorious and so deservedly beloved a
Prince, to the Throne of his royal Father, our late
dear Sovereign Lord, etc., from whose royal influence
only wee, in common with his other subjects can
hope for the security of our libertys and the enjoy-
ment of our religious and civil rights. These, may it
please your Excellency, are the well known sentiments,
not only of ourselves, but of all the inhabitants of this
Island whom wee represent, who have never omitted
laying hold of any occasion to demonstrate to the world
their loyalty, and duty to H.M., and the sincere warm
affection, long since kindled in their bosoms, in favour
of a Protestant King, in preference to a popish Pre-
tender ; and therefore 'tis matter of surpriz and
affliction to us to observe in your Excellency's Speech,
an insinuation, as if some among us, or the people
wee represent were wanting in principles founded in
loyalty, or duty to so excellent a monarch. Sure wee
are, a charge of this nature, as it has no foundation,
will find credit nowhere ; nor shall such a misrepre-
sentation have any other effect on our conduct than
to incite us by a constant persevering in the same
principles, wee have hitherto profest, and acted by,
ever full of loyalty duty and affection to his present
Majesty, to satisfy the world that wee have no ways
deserved it, and that however wanting wee may be
in other respects wee are not behind any of H.M.
subjects in loyalty duty and affection to him. Wee
now beg leave to assure your Excellency that if wee
are not obstructed by long adjournments and
prorogations, wee shall chearfully enter on the publick
business, and dispatch it with the utmost application.
'Tis with concern wee are forced to appeal to the
Minutes of ye last Assembly for a proof of the many
unhappy consequences frequent prorogations may
be attended with in respect to the prosperity and
welfare of this poor island, by preventing the repre-
sentative body from even proposing any advantages
to trade or redressing any grievances the people
labour under. And as the ruinous condition of the
forts, batterys and fortifications must give the
inhabitants dismal apprehensions of greater calamities
than they have yet felt, at a time especially when
our enemies the Spaniards have taken our ships in
the latitude, wee cannot may it please your Excellency,
but humbly represent to you that unless effectual
AMERICA AND WEST INDIES. 183
1728.
methods may speedily be pointed out and provision
made for repairing them, wee shall of all H.M. subjects
in the Collonys be most exposed to ruin and desolation.
And as it becomes us from the trust reposed in us by
the People, not to conceal from your Excellency the
true state of their condition, wee humbly take leave
further to represent to your Excellcy. that the large
tax which the inhabitants have been obliged for
several years past to pay for your Excy's use (the
payment whereof brings almost the whole currt.
cash of this Island yearly into your Excy.'s coffers,
and thereby in great measure stagnates trade, and
at the same time lowers the value of all our countrey
produce) hath so reduced them, and drained the
island that they cannot support the load of any new
impositions (the annual excise excepted) and therefore
if that heavy tax be continued, unless your Excellency
will for the dignity of the Government, apply a
reasonable proportion thereof towards the repair of
the forts, batterys and fortifications they must, for
some time at least, remain in the wretched condition
they are now in etc. Wee shall lose no time in passing
the Excise bill, nor shall we be wanting to propose
all such other bills as in our humble apprehensions
shall tend to the publick peace, welfare and good
Government of the Island, with dutyfull regard to
the honour and dignity of the Crown. Signed, Robt.
Warren, Cl. of the Assembly. Endorsed, Read 7th
Oct., 1728. Copy. 3f pp.
363. iii. Address of the Assembly of Barbados to the (late)
King. 16th Feb., 1720. Complain of the measures
taken by President Sharpe to encourage the enemies
of H.M. House and permission of trade with the
French, and of his continual adjournments of the
House etc. Signed, Edmund Sutton, Speaker and
19 others. Endorsed as preceding. Copy. 3 pp.
363. iv. Duplicate of No. 362 i. Same endorsement. [C.O.
28, 20. ff. 2-8, 9v., 10, ll-12z;., 13i;.-16, 17^30^.]
Aug. 15. 364. Order of King in Council. Approving represent-
Hampton ation of Board of Trade, and ordering that the Governor of
Court. Barbados recommend the Assembly to make immediate payment
of what is found due to Mr. Whitworth for his fees as Secretary,
and for the future etc. Set out, A.P.C. Ill, No. 154. q.v.
Signed, Ja. Vernon. Ifrd pp. Endorsed, Reed. 19th Oct.,
Read 20th Nov., 1728. If pp. Enclosed,
364. i. Account of fees due to Mr. Whitworth as Secretary
of Barbados. Total, 1333 125. Qd. Signed, Frans.
Whitworth. 2| pp. [C.O. 28, 39. Nos. 45, 45 i ;
and (without enclosure) 28, 20. ff. 70, 70u., 71i>.]
COLONIAL PAPERS.
1728.
[Aug. 15.]
Aug. 20.
Aug. 20.
Barbados.
365. (1) Order of Council, 28th March, with instructions
to Col. Dunbar. Copy. 2| pp.
(2) Order by the Lords Commissioners of H.M. Treasury
upon above. Copy. 2 pp.
(3) H.M. Instructions to David Dunbar, Surveyor General
of the Woods on the Continent of America. Richmond. 13th
June, 1728. Copy. 6 pp.
(4) H.M. Warrant for salaries for Col. Dunbar (for marking
the 200,000 acres in Nova Scotia) 200 ; and his deputies
(100 each) 25th June, 1728. And for two deputies, ships-
carpenters, 100 each, and 200 for assistant surveyors etc.
Richmond. 25th June, 1728. Copy. 5 pp. The whole
endorsed, Copys from the originals reed, from Col. Dunbar,
15th Aug., Read 20th Nov., 1728. [C.O. 323, 8. Nos. 97,
97 i-ii.]
366. Mr. Attorney General to the Council of Trade and
Plantations. Reply to 6th Aug. Concludes : No proof has
been laid before me of the facts contained in the said papers,
and therefore the following opinion proceeds only upon a
supposition that they are represented in a true light etc. I
conceive that the prosecution against Mr. Donavan being for
the duty charged by the Act of Assembly of 1724 upon rum,
and not for any penalty thereby inflicted, none of the clauses
inserted in either of the said Acts for excluding the power of the
Crown to grant nolle prosequVs in the cases of penalties do
extend to this case, and altho' the said duty is appropriated
towards the support of the Government of the said Island,
yet I apprehend H.M. may properly judge, upon circumstances
laid before him, how far it is reasonable to permit his officer
to carry on a prosecution in H.M. name for the recovery of
the said duty in a particular instance ; wherefore I am of
opinion that, as the circumstances of this case are represented,
H.M. may lawfully order his Attorney General to stay pro-
ceedings and enter a nolle prosequi etc. Signed, P. Yorke.
Endorsed, Reed. 24th, Read 28th Aug., 1728. 2f pp. Enclosed,
366. i. List of papers referred and returned (6th Aug.). 1 p.
[C.O. 137, 17. ff. 72-73, 74, 75v.]
367. Governor Worsley to the Duke of Newcastle. The
Assembly, upon the message the Council sent them (v. 14th
Aug.), came to the following resolutions, (i) That the delays
given to the passing of the Excise bill, are unpresidented, and
the matters or amendments insisted upon, are no wise reason-
able, but tend to the manifest injury and prejudice of the
people in general, and to the infringement of the rights of
this House, which in the end, must not only prove of ill conse-
quence to H.M. interest, and Government, by the neglect of
providing for the payment of the matrosses, and the repairs
AMERICA AND WEST INDIES. 185
1728.
of the forts, etc. but to the great impoverishment of the people
etc., in disposing of publick money without the inspection of
the Representatives in the Genii. Assembly, (ii) That passing
of orders for summs of money on account of the publick works
and uses in this Excise bill, before such accounts are inspected
into, examined, and approved of by the General Assembly, is
of fatal consequence to the people of this Island, and their
properties, and contrary to the true intent, obvious meaning,
and plain construction of H.M. most gracious Instruction, so
often before mentioned in the Minutes of this House, (iii)
That this House in order to enforce their former reasons, still
are ready to give the Members of H.M. Council another
Conference, free and independent, which, if not comply'd with,
this House, for many and weighty reasons, do continue of the
same opinion as when the said bill passed this House, and
therefore as before, do dissent to such pretended amendments."
These, with the Minutes of the Assembly of the 13th instant
relating to the Excise bill, were ordered to be sent to the Council.
Refers to Minutes of Council for these and the Council's reasons
for their amendments, " which were drawn up by a Committee
of the Council, with the assistance of H.M. Attorney General ;
and the Assembly notwithstanding their 3rd resolution afore-
mentioned, design to consider them the 29th instant. By
this your Grace will observe what unaccountable notions are
crept universally into the minds of the generality, almost of
all the people of this Island ; I had thought of dissolving the
Assembly immediately upon their passing such an Excise bill,
after I had laid H.M. Instructions before them, but I was
apprehensive, that, would only raise a greater flame in the
countrey, especially as I have not received H.M. commands
upon the conduct of the last year's Assembly ; however, to
undeceive the people concerning their opinion of the rights
and powers of the General Assembly ; I have ordered King
William's repeal of that Act, which was the 18th May, 1699,
to be published in all the Churches the 25th instant, and the
reasons of the Council for their amendments to the Excise bill,
are published in the four towns in this Island, which I hope
will quiet, a little, the minds of the people, so as to prepare them
for a dissolution, or at least a prorogation. P.S. The duplicate
of my last letter with the papers annext, I have not been able
to get copyed to go by this conveyance." Signed, Henry Worsley.
Endorsed, Rd. Oct. 25th. 5 pp. [C.O. 28, 44. No. 123.]
Aug. 20. 368. Same to the Council of Trade and Plantations.
Barbados. Duplicate of preceding, mutatis mutandis. Signed, Henry Worsley.
Endorsed, Reed. 25th, Read 29th Oct., 1728. 5 pp. " Enclosed,
368. i. Minutes of Council of Barbados, 17th Aug., 1728.
Endorsed, Reed. 25th Oct., 1728. Copy. 20 pp.
[C.O. 28, 20. ff. 33-35, 36i;.-37, 39-48t;.]
186
COLONIAL PAPERS.
1728.
Aug. 23.
Jamaica.
Aug. 24.
Jamaica.
Aug. 25.
Tunbridge
Wells.
369. Governor Hunter to Mr. Stanyan. Refers to following.
Continues : [The Assembly] stand prorogu'd to August at
their own request, haveing enter'd into a tacit resolution to do
no buss'nesse till they knew the fate of their sugar bill which
by ye advice of ye Council I could not assent to. I'm afraid
that Mr. Ayscough who it seems proposes to himself an interest
in keeping on foot the old differences between the Council and
Assembly will give me some trouble, there is nothing they
dread here more than the countrey's falling again under his
administration. I have done my best to save him from
scrutiny in matters that I judg'd not material, but ye
Assembly or ye majority there persist in their resolution to
call him to acct. in matters within their cognizance such as
the disposition of the publick money etc. The remote residence
of Swymmer, Campbell and Stout putts me to a strait frequently
for want of a quorum in Council etc. Repeats recommendation
of A. Forbes, E. Charlton, and W. Needham to fill vacancies,
and enquiry for commands relating to Mr. Coleman's Deputy's
proposal, and for reprieve for Miller. Adds : I have labour 'd
hard for a reconciliation between ye Council and Assembly,
but have not as yet succeeded. I hope I may in time. Some
small change in ye Council might do it effectually etc. Signed,
Ro. Hunter. Endorsed, Rd. Nov. 24th. Holograph. 3 pp.
[C.O. 137, 53. ff. 80-81i;.]
370. Governor Hunter to the Council of Trade and
Plantations. Encloses duplicate of Aug. 5th, and Minutes of
Council and Journals of Assembly etc. Continues : The
Receiver General's accounts are incerted at length in the
Minutes of the Council, by which your Lordships will percieve
the true state of H.M. Revenue. I cannot promise etc. any
great success from the Assembly when they meet again, of
their passing into laws the several matters I recommended
unto them at the opening of the last Session, but as the weather
grows cooler so I hope their passions and little resentmts at
one another will abate etc. Signed, Ro. Hunter. Endorsed,
Reed. 23rd Nov., 1728, Read 25th Feb., 1729. If pp. [C.O.
137, 17. ff. 131, 131u., 132u.]
371. Mr. Harris to Mr. Popple. In reply to 20th Aug.
Has not heard of any complaints against Governor Phenney,
but has heard that several of the old inhabitants and some
new settlers have left Providence because there is no Civil
Government or Assembly, though the want of it has been
represented from time to time for seven years. Continues :
" I am told his wife hath had differences with other ladys of
ye Island but I am apt to think such bagatel storys will weigh
litle with their Ldps. towards dispossessing one of ye best
English Governours that ever was in America. Hath he
AMERICA AND WEST INDIES.
187
1728.
Aug. 26.
Virginia.
squeezed 7000 a year from ye people for nothing, or can any
accuse him of raising contributions of 6000 for passing laws
he was directed to pass etc. On the contrary, hath he not
built the very best fort in the British Colonies without any
expence to the Government and for which the estimates laid
before the Government amounted to 90 and 110,000, so as
they were always discouraged from so chargeable an under-
taking etc. I think he never had any salary from the Governmt.
other then what attended his command of an Independent
Company, and I doubt there is no better reason for his remove
then ye pressing instance of another for his post. In short
Governors of much merit being rare I could not say less of one
so deserving tho' known to few and without a patron at home
etc. Signed, Rd. Harris. Endorsed, Reed. 26th, Read 27th
Augt., 1728. If pp. [C.O. 23, 2. ff. 160, 1600.,
372. Lt. Gov. Gooch to the Council of Trade and
Plantations. Having received advice that application hath
been made to your Lordships for repealing a law made here
in the year 1726 for the more effectual preventing the bringing
tobacco from North Carolina and the bounds in controversie ;
I take the first opportunity to lay before your Lordships the
reason of passing that law, and then to obviate some objections
which I hear have been offered to your Lordsps. against it.
As the people of Virginia have from its first settlement applied
themselves solely to the making of tobacco, so they have from
time to time tied themselves up to such certain rules in the
planting, tending curing and packing of it, as they judged
most expedient to advance and support its reputation in the
European markets ; and to prevent all fraudulent practices
whereby their staple commodity might be depretiated. This
naturally led them to consider and guard against the indirect
practices of their neighbours ; since all their regulations must
have been rendered vain if the next Province was left at liberty
to pour in upon them all the trash tobacco they could make,
and to export it hence as the manufacture of Virginia. This
so much concerned the Virginia interest that to prevent it an
act was made in the year 1679 whereby the importation of
tobacco from Carolina and other parts without the Capes was
prohibited under the penalty of forfeiture thereof. This Act
continued in force until the year 1705 when all the Laws of
the Colony were revised and brought into one body, and then
an Act almost in the same words was prepared against the
importing tobacco from North Carolina under the like penalty
with the former ; which last act, as I am informed, was seen
and approved by your Lordships before it passed the Assembly
here ; but as neither of the Acts were found effectual to prevent
the mischief, tobacco being still clandestinely brought in to
Virginia from Carolina and ship'd off, and there could be no
188 COLONIAL PAPERS.
1728.
forfeiture without a previous seizure, it was judged necessary
by this last Act in 1726 to lay a further penalty on the seller
or purchaser of such tobacco which is all the alteration this
last law has made in the former prohibitions. And if the
reasons upon which these prohibitions are founded, be just
and provident, I doubt not the enforcing the same by an
additional penalty will, by your Lordships, be judged so too.
I hear only of three objections, my Lords, against the con-
tinuing of this Act. First, that the discouraging the people
of Carolina from making of tobacco will lessen H.M. Revenue.
The Second. That it will force the people of Carolina upon
manufactures prejudicial to the trade of Great Britain. The
third. That it is unjust and unneighbourly towards the people
of that Province. As to first, I believe it is demonstrable that
H.M. Revenue is no ways increased by the importation of
more tobacco then can be consumed in Great Britain, since
for all of that which is exported the whole duty is drawn back ;
and as the tobacco made in Carolina is of that sort which must
be exported, being not fit for the home consumption, it is
plain that the Customs will no ways be increased thereby,
nor suffer any diminution if there was not one pound made
in that Province. To the second, it must be answered ; that
the inhabitants of No. Carolina have been under the same
restraint for these fifty years past, and yet no such manu-
factures have as yet been sett up amongst them ; and 'tis to
be presumed that while they have other commodities, such
as pitch, tar, pork, rice, hides and tallow with which they
have hitherto supplied themselves by way of barter with the
people of Virginia and the other Plantations, there will be no
danger of their undertaking manufactures of their own, where
they are provided with very few materials, and can be supplied
from their neighbours at a cheaper rate. But my Lords, give
me leave to say, that they who made this objection did not
consider, how much greater inconveniencies may happen to
the manufactures of Great Britain, should the inhabitants of
Virginia, by an overstocking of the tobacco markets, and in
consequence thereof the lowering of its price, find themselves
under a necessity of leaving off planting, and of endeavouring
to cloath themselves with their own manufactures, for which
they have abundant more materials, both for woolen and
linnen than the people of North Carolina can possibly have
for many years. As to the last objection of the injustice to
our neighbours of Carolina, who having no ports of their own
are denied the benefit of the neighbouring ports to ship off the
produce of their labour. Your Lordships I hope will allow
me to say, according to the general rule, that every one ought
to use his own, as thereby to do no injury to his neighbour ;
which will hold good as well in common policy as morality.
So that the inhabitants of Carolina have no reason to complain,
AMERICA AND WEST INDIES. 189
1728.
if they are restrained from making use of the ports and harbours
of Virginia, when it is prejudicial to its own trade, and dos
manifest injury to its own inhabitants. If the people of Carolina
will make tobacco, and can ship it from their own ports, it will
then be known where it was made, and Virginia will receive
no discredit by it ; but if they will put off their trash as the
product of Virginia, it is a cheat upon the buyer and the general
trade of this Colony must suffer by it. My Lords thus I have
endeavoured to state this case in the clearest light I can, and
submit it to your Lordships judgment ; for as I had no hand
in making the law now in question, I am little concerned in
its fate whether it stands or falls ; only I should be sorry to
find the people of Virginia disobliged by the repeal of this Act,
which has for a long time been judged of great importance to
the Colony ; when at the same time it only indulges a few in
the next Province to employ themselves in that which will
bring no reputation to the tobacco trade. And indeed if what
the merchants in England urge be true that there is more tobacco
already sent from hence than can be vended in the European
markets ; your Lordships are the best judges whether the
opening a new source be at this time seasonable. Signed,
William Gooch. Endorsed, Reed. 19th Oct., Read 26th Nov.,
1728. Holograph. 2f pp. [C.O. 5, 1321. ff. 85-86*;.]
[Aug. 27.1 373. Martha Vere to the Council of Trade and Plantations.
Before Capt. Phenney's arrival, 1721, Providence was in a
hopeful state and some substantial traders supplied the
inhabitants with a competency of provisions etc. But
before many months, the Governor's wife by engrossing all the
provisions brought to Providence and all the produce of the
island and retailing the same at exorbitant prices has caused
half the inhabitants to depart, leaving only those who are
unable to remove and therefore at her mercy. After buying
all the commodities that island produced, for voyages home,
she told the inhabitants that the Governor would pay them,
but his answer was that he meddled with none of his wife's
affairs etc. The Governor and his wife inveigled from me an
indented servant before his time. He occasioned the overseer
of the negroes under my care to go off the island, because he
offered to punish the slaves, whereby the slaves took such
encouragement that they would do no work afterwards, but
walk where they please, and threaten me with the Grandy
Man, meaning the Governor, if I should offer to oblige them
to it etc., till Mr. Skinner the Company's Factor came over
and took that uneasy charge off my hand, sold the negroes and
let the plantation go to decay. The Governor to prevent my
comeing home used several unlawful methods, such as confineing
me and exacted Chancery Court fees from me which he held
to oblige me to deliver up to him the estate and child of one
190
COLONIAL PAPERS.
1728.
Capt. Gale, left by will under my guardianship. Several people
from Bermudas have attempted to settle upon Providence
but soon returned, by reason of arbitrary usage of the
Governour and his wife. She has frequently brow-beated
jurys and insulted Justices on the Bench and so hindered the
execution of Justice that if any by Justice have been cleared
she has found means of punishing them, by afterwards bringing
them to the whipping post, and if condemned to any corporal
punishment, she has in opposition had them released etc.
Endorsed, Reed., Read 27th Aug., 1728. If pp. [C.O. 23, 2.
ff. 158, 15Sv.,
Aug. 27. 374. Jeronimy Clifford to Lord Townshend. Asks for
report upon his petitions, which his Lordship promised him
a month ago to lay before the King. Is kept in a starving
condition at his lodgings at Charing Cross through the wicked
practices of powerfull adversaries etc. Signed, Jer. Clifford.
Addressed. 1 p. Enclosed,
374. i. Same to Same. Aug. [ ], 1728. Refers to the
damage and injustice inflicted upon him by the Dutch
Governors and Council of Surinam, amounting to
very great sums, and to H.M. Order in Council in his
favour July 9, 1705. (v. C.S.P. 1704-5. p. xxix etc.),
from which he has not yet been able to obtain any
benefit. On 7th Jan. last, indeed, Sir Robert Walpole
advised him to let drop his complaint against the
Dutch. This he cannot do, because he has been
informed by some persons in the Plantation Office
and other great men at Court that upon the said
Order in Council there had been paid into the
Exchequer by the late Queen's private orders great
sums for his account, which with 6 p.c. interest may
now amount to 100,000, which hath or will be divided
amongst some covetous people here etc. Signed, as
preceding. 3f pp.
374. ii v. Accounts of Mr. Clifford's claims against the
Dutch Proprietors of Surinam, on account of his
plantation (Corcabo) there etc., amounting to 241,894
sterl. Signed, as preceding. 26 pp. [C.O. 278, i.
ff- 1-16-1
Aug. 28.
Whitehall.
375. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following ; to be laid before the King.
Autograph Signatures. 1 p. Enclosed,
375. i. Same to the King. In reply to 22nd July, they have
made enquiries of the Agent of Jamaica, the Con-
tractors and Victualling Board etc., whom they quote.
Conclude : We can by no means propose to
your Majesty, to make the alteration in the Act
AMERICA AND WEST INDIES. 191
1728.
in question, desired by Mr. Donovan, it having
ever been the custom for your Majty.'s Royal
Predecessors either absolutely to accept or reject all
such Plantation Laws as have from time to time
been laid before them : But having consulted Mr.
Attorney Genl., we humbly conceive your Majesty
may considering the circumstances of this case be
graciously pleased to grant Mr. Donovan a noli
prosequi. And to remove all disputes that may at
any time arise on cases of the like nature, propose,
that the Governor of Jamaica be instructed to
recommend to the Assembly the passing of a law for
exempting from payment of duty all stores and
provisions whatever at any time hereafter really and
bona fide imported into Jamaica for the service of
your Majesty's Royal Navy. And we are the rather
encouraged to make this proposal because the same
is perfectly agreeable to the general intention of your
Majesty's Instructions to the Govr's. of all the
Plantations, who are expressly restrained from giving
their assent to any law whereby the Trade and
Navigation of Great Britain may be anyways affected,
and in our humble opinion laying a duty upon pro-
visions or stores for your Majesty's Royal Navy,
would be affecting our Navigation in a very essential
part, and would in consequence be a tax laid upon
Great Britain. [C.O. 138, 17. pp. 251-254; and
(without enclosure) 137, 46. No. 55.]
Sept. 3. 376. Petition of Joanna Clarke, widow, to the Council of
Trade and Plantations. Prays for payment of arrears (108
15*. 9fd.) due to her late husband, Samuel Clarke, who served
as Chamber Keeper ever since the establishment of the Office,
for sums laid out by him for the use of the Office. Endorsed,
Reed., Read 3rd Sept., 1728. 1 p. [C.O. 388, 79. No. 29.]
[Sept. 3.] 377. [? Mr. Curphey's] List of men capable of bearing arms
in the Bahama Islands besides the garrison; Providence 66;
Harbour Island, 17 ; Islathera, 32. List of 20 inhabitants
that went off. Names given. Endorsed, Reed, (from Mr.
Curphey), Read 3rd Sept., 1728. 2j pp. [C.O. 23, 2. ff. 162-
1630.]
Sept. 5. 378. Thomas Missing of Portsmouth to the Council of
Trade and Plantations. Memorialist believes it would be a
great security and advantage to encourage the Protestant
Palatines to go to Carolina, and "as he hath a correspondence
that way, and hath with reputation carried over a great many
to America," he will on the Government's encouragement,
192 COLONIAL PAPERS.
1728.
engage to deliver yearly such a number as H.M. shall appoint
and victual them till they can support themselves etc. Endorsed,
Reed., Read 10th Sept., 1728. f p. [C.O. 5, 360. ff. 74, 750.]
Sept. 6. 379. Nicholas Trott to [? the Duke of Newcastle.] Hopes
for encouragement to return and live at Oxford in order to
print his explication of the Hebrew text of the Old Testament.
If nothing else can be done for him, asks to be restored to his
office of Chief Justice, by a Commission from H.M. " to which
place I think I have as good a right as any man in the Province
hath to his land." Continues /For I had a Commission from
the Lords Proprietors for that office not dureing pleasure but
dureing my good behaviour etc. Argues that their surrender
of their Charter cannot void any grant made by them, for if
so, all the people's grants for their lands are null and void etc.
He once presented to his Lordship at the House of Lords one
of the printed specimens of his explication of the Hebrew text
etc. Signed, Nicholas Trott. 3 pp. [C.O. 5, 387. No. 83.]
Sept. 9. 380. Thomas Lowndes to [? Mr. Popple]. I having under
the direction of the Earl of Westmoreland, been instrumental
in bringing about the Crown's purchase of the Carolina's, hope
the liberty, I take, will not be looked upon impertinent. I
have accounts from good hands that the Agents for the Penn
family have quarrell'd with the Palatins, and have refused
to let those persecuted people, to have any more land, in
Pensilvania. You without doubt must know, that great
numbers of Palatins, have for many years gone to Pensilvania,
so that they have raised the price of land from 65 the 1000
acres to 700. The accident I mentioned puts a stop to any
more of that Nation going to that Colony. The next year a
great number of the better sort of inhabitants must be forced
to quit the Palatinat upon account of their religion. If proper
encouragemt. was now given for a few familys to go and settle
in South Carolina, so that they might acquaint their country-
men with the goodness of that Province, South Carolina might
be quickly peopled with honest planters ; and that vast tract
of uncultivated land to the southward be let out at a better
quitt rent than has hitherto been paid either in Virginia or
Carolina. For the rivers to the southward are very navigable,
and the land perfectly sound and good, and not fenny as about
Charles Town and to the northward. And the timber is the
largest in all North America. I am well informed that in the
last eleven years there has gone to Pensilvania more than
17,000 Palatins and the poorest master of a family has by a
fair computation taken with him besides paying the passage
50 sterling, and many of them more than 600, and they
always go well provided with arms. Signed, Tho. Lowndes.
Endorsed, Reed., Read 10th Sept., 1728. 2f pp. [C.O. 5,
360. ff. 72-73v.]
AMERICA AND WEST INDIES.
193
1728.
Sept. 10. 381 . ' Mr. Popple to Thomas Missing. In reply to 5th
Whitehall. Sept., the Lords Commissioners for Trade etc. think the settle-
ment of a number of Palatine families in S. Carolina will not
only speedily render that Province of great advantage to this
Kingdom, but will also make it of great consequence to H.M.
other Plantations in America, by strengthening in so effectual
a manner their Southern frontier. But as you observe to their
Lordsps., if proper encouragement should be given to these
parties, that you can form a method of sending over such a number
of them yearly, as H.M. shall appoint etc., I am to desire you
will let their Lordsps. have your opinion, as soon as possible,
what encouragement you think will be sufficient, to induce a
sufficient number of families to settle there, and what your
proposed method is. [C.O. 5, 400. pp. 239, 240.]
Sept. 10.
Whitehall.
Sept. 10.
Sept. 10.
382. Same to Mr. Lowndes. Reply to 9th Sept. Duplicate
of preceding, omitting words in italics. [C.O. 5, 400. pp.
239, 240.]
383. Mr. Mulcaster, Agent to the Independent Company
at the Bahama Islands, to the Council of Trade and Plantations.
Knows nothing of the complaints against Governor Phenney
sent to him by the Board. Asks for time to send copies to him
and for his reply. Thinks that Mrs. Phenney's trading was
done if at all without any intention to exclude others, but
purely from a necessity to preserve the lives of the garrison and
inhabitants, who, by Mr. Curphey's account, are of so lazy a
disposition, that they never will work, nor even look for
sustenance till hunger compell them, nor buy more commodities
at a time than is necessary for present support etc. Signed,
John Mulcaster. Endorsed, Reed., Read 10th Sept., 1728.
2 pp. Enclosed,
383. i. Mr. Arnold, Clerk at the War Office, to [Mr. Hughes]
Judge Advocate General. Whitehall, 27th August,
1723. Upon Capt. Phenney's representation, the
Lords Justices were pleased to pardon John Wads-
worth etc. Signed, Rd. Arnold. Copy. 1 p. [C.O.
23, 2. ff. 164-165, 167u.]
384. Cuthbert Jackson of London Merchant, Attorney to
Governor Phenney, to the Council of Trade and Plantations.
Mrs. Vere's complaint (Aug. 27) is false and malicious. From
all accounts, Providence was in a miserable condition both
before and in 1721, till the Bahama Society dispatched the
Providence pink, Capt. Woodward, with goods and necessarys.
She arrived Aug., 1721, and Sept. following the Bahama galley
arrived there with 295 slaves from Guinea. The Althea, Capt.
Roberts, arrived with Governor Phenney, Nov., 1721, having
a very rich cargoe and severall hundred barrell of flower for
C.P.
194 COLONIAL PAPERS.
1728.
sale. The Samuel, Capt. Hampton, was dispatched with goods
and necessarys, but was lost in her passage, and the Providence
pink sent again with provisions. All these cargoes were sent
by the Bahama Society and consigned to their factors there,
viz., Thomas Walker and Mr. Coheir, and after Mr. Goheir
came away, to Mr. Walker and Skinner, but Skinner being
taken by the Spaniards in a trading voyage, Mr. Innes was
sent over in his place, and Walker dying, Skinner was again
sent thither. The sd. factors kept a storehouse and sold their
goods for the account of the Society, and the Governor was
supplyed from thence in the same manner as the rest of the
inhabitants. The value of these cargoes amounted to much
above 15,000 sterling, not 800 whereof was ever sold to the
inhabitants, exclusive of the Governor, because of their idleness
and poverty, tho' sd. goods were purposely sent to accommodate
them, so that the Society was forced to dispose of their goods
by sending them off the Island and break up their storehouse
about two years since. This is a plain confutation of Mrs.
Vere's assertion that Governor's Lady immediately engrossed
the trade, since both he and the inhabitants were supplied
out of the same store for some years. After the Society had
declined sending provisions, the Governor supplied himself
and garrison, at his own charge and risque, from Ireland and
elsewhere, the Hanover brigantine loaded at Cork once and the
ship Joseph another time, his flower he usually had from the
Continent, and has always acted with that prudence as to
have constantly several months store beforehand etc. Mrs.
Vere's assertion that the Governor's Lady made it her practice
to buy all the commoditys the place produced to make voyages
home etc., must certainly be false, because most of the bark
(which is the most valluable commodity the place produces)
has come to Mr. Samuel Wragg and others by way of Carolina,
wherein neither the Governor or his Lady had any concern etc.,
and the platt is a new thing there which has been wholly oweing
to Mrs. Phenney's industry in shewing the inhabitants the
way and putting them upon it, and a most inconsiderable
quantity has yet come from thence. Mrs. Vere was house-
keeper or servant to Goheir, who came from thence in 1721
being indebted to the Society for 10 slaves etc., which Mr.
Skinner sold for the account of the Society. This she calls
taking the uneasie charge off her hands. 'Tis well known
to the whole Island that Mrs. Vere was for some time under
great uneasiness and horror of mind, the occasion of which
as she declared, Mr. Curfen both has told and can tell ; so
'tis no great wonder the negroes would not obey her when she
was not able to govern herself. As a sloop is expected every
day from Providence with several of the inhabitants on board,
prays the Board to suspend the matter, " till we shall be able
to produce unanswerable evidence etc., to clear a very worthy
AMERICA AND WEST INDIES.
195
1728.
Sept. 10.
gentleman, to whom I am possitive his reputation is more
dear than his very life." Signed, C. Jackson. Endorsed,
Reed., Read 10th Sept., 1728. 5| pp. [C.O. 23, 2. ff. 168-
170t;., 1710.]
385. Copy of Privy Seal for payment of salaries of the
Board of Trade. Countersigned, John Wooddeson, Depty.
5 pp. [C.O. 388, 79. No. 34.]
[Sept. 13.] 386. Governor Burnet to the Duke of Newcastle. I arrived
here on the 19th of July and published my Commissions, and
met the Assembly on the 24th of that month, and have been
sitting with them ever since in order to obtain a fixed salary
from them according to my Instructions, but all the success
I have yet had is to bring the Council into those measures, as
for the Assembly, they continue very obstinate against it.
I hope by the next vessel to give your Grace a more satisfactory
account of their proceedings, and am with the greatest respect,
My Lord, Your Grace's most dutifull and most obedient humble
servant. Signed, W. Burnet. Endorsed, Rd. 7th Nov., 1728.
Dated by letter of 26th Oct. Holograph. 2 pp. Enclosed,
386. i. Petition of Sundry Members of the Church of England,
living in the towns of Rehoboth and Barrington in
the County of Bristol, to Governor Burnet. Sept. 2,
1728. Appeal for protection, three of them having
been distrained upon for the support of the Dissenting
Ministers of those towns, and the rest being equally
liable. Signed, Jno. Bowen, Jabez Brown, John
Bullock, Nathl. Browne, Saml. Carpenter, Jno. Hill,
Daniel Browne, Luke Thornton, Mathew Allen, Joseph
Browne, Charles Carpenter, Benja. Brown, Olliver
Brown, Isaac Brown, Hezekiah Brown, Thomas
Lindley, John Butterworth, Peter Robinson, Ebenezer
Robinson. Read in Council, 5th Sept. Copy.
Certified by J. Willard, Secry. 2| pp. [C.O. 5, 898.
Nos. 45, 45 i ; and, endorsement only, Rd. Dec. 10,
of duplicate of covering letter, 5, 752. No. 36.]
Sept. 13. 387. Same to the Council of Trade and Plantations. To
Boston. same effect as preceding covering letter. Encloses copies of votes
with passages marked relating to the salary. Concludes : In
justice to the Council I must say that they are well inclined.
I intend to continue sitting with the Assembly till they comply,
that the country who pay about a thousand pounds a month
to the Council and Representatives by way of wages during
their attendance, may feel the inconvenience of their standing
out etc. Signed, W. Burnet. Endorsed, Reed. 6th Oct., Read
7th Nov., 1728. Holograph. 3 pp. [C.O. 5, 870. ff. 121-
I22v.]
196
COLONIAL PAPERS.
1728.
Sept. 13. 388. Same to Mr. Popple. To same effect as preceding.
Boston. Signed and endorsed as preceding. Holograph. 1 p. [C.O.
5, 870. ff. 123, 124u.]
Sept. 13.
Barbados.
389. Governor Worsley to the Duke of Newcastle. The
7th instant I had the honor of receiving your Grace's letter
of the 24th of May last, with a copy of a petition of the Majority
of last year's Assembly to H.M. dated 4th Jan., 1727. I can
never sufficiently acknowledge H.M. great goodness, in being
willing to hope that this complaint has no just foundation,
and if it had I should alwayes be unworthy of the least of the
honours and favours H.M. has been pleased to confer upon me.
I shall now consider the facts in the petition abstractedly from
the embellishments that spleen, invention and words could
make it : It first setts forth that " to obtain the redress of
several grievances, the Assembly, on my arrival here, were
wrought upon to submit to a settlement of 6000 sterling per
annum on me, during my residence here in the quality of His
late Majesty's Governor." When I arrived, and they proposed
to make a settlement on me, I told them, I should be contented
with what salary, they could conveniently allow ; But I am
surprised to find they should alledge it, to be only during my
residence here in quality of His late Majesty's Governor when
the very Act itself, which H.M. confirmed etc., has these words,
Provided always that this Act shall be in force etc. for so long
time as H.E. Henry Worsley shall continue to be H.M. Governor
etc. and shall in that quality personally reside etc. Certainly
by construction of law, the King never dies, nor could it be the
intent of the law, for in another paragraph the tax is granted
to His Majesty, His heirs and Successors. The next is,
" That the Militia has been totally neglected, the forts, breast-
works and batterys are gon to ruin, the publick stores are
embezled and wasted, and all persons in offices under H.E.
busied in nothing, but how to raise fortunes from the ruins
of the people, by inventing new fees, arid perquisites, and
increasing the former fees and emoluments of their several
offices." As for the Militia it was setled by a law of 1697
(v. 20th May last), by which the Colonels have got the sole
command of them ; Indeed the Governor grants the Com-
missions, but how is that ? after he has given the Colonel his,
the Colo, insists upon having blank Commissions for the other
officers. I have always put in the Field Officers, but that has
been a heart burning. I own I have not made a general review
of them, this would put the Island to a considerable charge,
and has been a ground of complaint against former Governors ;
I proposed it in Council the 12th instant, when the Councellrs.
told me it would be very prejudicial to the inhabitants, who are
now planting, and therefore must defer it till next spring ; and
then if there be ever so many defaulters, or any that want
AMERICA AND WEST INDIES. 197
1728.
arms, or accoutrements, as prescribed by the law, I cannot
fine them, but is only in the power of the Colonels to do it,
or remit it ; By the Act of Militia whoever does not send his
complement, every foot defaulter pays 5 shillings, and every
horse defaulter 10s., and if they are exercised only every two
months, that will be in a year 3. for a horse and 30s. for a foot
soldier ; and what gentleman of a considerable estate would
not rather pay the fine than be oblidged to keep the man ;
and most of them, either do not pay at all, or compound with
the Marshalls who collect the fines, and I believe I could make
it appear that most of the gentlemen that made this complaint
do not send their complement, and some I am told send none
at all ; 'tis likewise said I have suffered several of the Regiments
to be without officers ever since my arrival here, tho' I did
then issue proclamation, that all officers should continue in
their posts, but they are of such a temper, that if the Colo,
should die, the other officers neglect the Regiments, as if they
held their Commissions from the Colonels, and not from
the Governor : and as I have heard about three months
since that H.M. had been pleased to appoint me (by a
new Commission) his Governor here ; I have all the blank
Commissions ready, and only waite the arrival of it, in order
to fill them up, and deliver them out : and I can assure your
Grace, they shall not have any occasion for the future, to
complain of their not being reviewed ; and I design every
exercising day to see one or other of the Regiments exercise
as I have lately done, and were it in my power to fine the
defaulters, and them that are anyways difficient in arms, or
other accoutrements, they should have no reason to complain.
As to the forts etc. being gon to ruin refers to letter of May 20th.
shewing that " I had always represented to the Assemblys
their ruinous condition, and if they will not provide for the
repairing them, I hope it will not be imputed to me as a fault.
As to the embezlement and waste of the publick stores," refers
to letter of 2Qth May. Continues : I am the more surprised,
that if this country did lay under such dismal apprehensions,
in case of a war, for want of a sufficient qty. of powder or other
stores, that they did not make up the late Storekeeper's accounts,
tho' I order'd in Council the 20th Feb. last the Committee of
publick accounts to make them up ; and I did again recommend
it in Council to Mr. Lightfoot chairman of the said Committee
etc. Refers to Minutes of Council. Continues : I can't
therefore think they are realy under such apprehensions, in
case of a war, of want of powder and other stores, and the
country I believe is now fully sattisfy'd that there has been
no embezlement of them, the several gunners and mattresses,
having voluntarily given their oaths that no embezlement
has been made, and that the powder removed out of the old
magazine, to the several forts, is truly and bona fide the same
198 COLONIAL PAPERS.
1728.
powder that was so removed, without any alteration whatsoever.
The next head of complaint is, " that all persons in offices
under me, are trusted in nothing but how to raise fortunes
from the ruins of the people, by inventing new fees and
perquisites, and increasing the former fees and emoluments of
their several offices." I can't imagine what they can mean
by this ; a complaint was made to me against the late Deputy
Provost Marshal, for exacting fees ; this I refer'd to the Judges
and to the Attorney General etc. They made me the report
not in favour of the said Depty., who thereupon resigned etc.
(v. supra). If that Deputy has injured anybody he may have
his remedy at law and may prosecute him ; I have done all
that I am impowered to do by my 54th Instruction : and as
I am impowered together with the Council, by H.M. 38th
Instruction to regulate all fees, I have order'd lists of them
to be laid before me in Council etc., and on 20th Feb. appointed
a Committee of the Council to examine them and report etc., but
they have not yet done it, alledging they have not been able
to make a Committee of five to meet. If this was so great a
grievance to the country, surely five Members of the Council
would find time to meet in order to - have the fees regulated.
They further say that the trust and custody of the Magazine
has been in the hands of William Webster Esqr. Deputy Publick
Secretary, and my Secretary, and principal Agent, on whom
I had bestowed the following places ; Major of the Guards,
Master in Chancery, Capn. and chief gunner of the principal
fortifications, Surveyor General and Captain and Commander
of the Magazine Guards. I now beg leave to represent to your
Grace how the Storekeepers have always conducted themselves
in their office ; they have always appointed a Deputy in St.
Michael's etc. Colonel Peers the present Speaker when he was
Storekeeper, one Mr. Thomas Hacket acted for him : the
succeeding Storekeeper Colonel Downes, employed Mr. John
Cornor ; Colonel Leslie who succeeded Colonel Downes,
employed Mr. Edward Nichols : Colonel Forbes, the present
Deputy Register in Chancery, who succeeded Col. Leslie,
employed Mr. Christo. Fowler, and Col. Leslie, who was chosen
again soon after my arrival here, employed Mr. Edward
Freeman, Colonel Durousseau the present Storekeeper, who
was chosen by the last Assembly, and still continues ; employs
his son in law Mr. William Whitesides and one Thomas Keeling.
The Storekeeper that receives the stores from his predecessor
is obliged to give security in a bond of 2000 sterling, for the
faithfull execution of his office ; as for Mr. Webster, he tells
me he never had the care or custody of the magazine ; Mr.
Freeman tells me he has always had the care and custody of
the magazine and stores, under Col. Leslie, and assures me
Mr. Webster never had ; for that he the said Freeman did
always receive the powder and clear'd the ships in his own
AMERICA AND WEST INDIES. 199
1728.
name for Col. Leslie, of which he will give his oath. If the
Committee of Accounts would but make up the accounts, they
would soon see whether, or not, the powder has been embezled,
or wasted : Mr. Webster was recommended to me by the
Court of Portugal, where he had lived many years ; upon his
arrival here, I made him Captain of Needham's Fort, and the
rest of the forts and batterys of St. Michael's Division, in
which division there are four under gunners and 20 mattresses,
the salary is 100 currant mony of this Island pr. annum,
which is paid in course, and is sometimes 5 or 6 years after
the order is granted before it is paid, and the perquisites may
amount to about 70 curt, mony more pr. annum. I own
I made him afterwards Surveyor General, for running out
and setling the bounds of lands, which place is worth to him
about 50 or 60 a year, and I think about 2 years ago he was
Captain of the men on guard at the magazine for about a month,
upon the death of the former Captain until I had pitcht upon
another ; and I did likwise make him one of the Masters in
Chancery which post is worth about 30 or 40 pr. annum.
As to his being Major of the Horse Guards it is a post of expence
and no proffit ; and his being Deputy Secretary and my
Secretary, that was by deputation from Mr. Whitworth the
Pattentee, who put in Mr. Webster's name in case of the death
or absence of Mr. Hammond, who is gon off to North America
for his health, and upon his return has the office again.
However 'till then, that the General Assembly may have no
reason to complain, I design to put in another Captn. gunner
in St. Michael's division, in that they say, in their Minutes
of the 29th past, that the offices of Secretary and Captain
gunner are incompatible, because the Captn. gunner is to
deliver in upon oath to the Secretary of this Island, a true
and just account, of what shall be due to himself, under
gunners, and mattresses ; tho' having laid it before the Council,
as it depended on the construction of a law, it was refer'd to
H.M. Attorney General, who has reported that it is not
incompatible, and that he might swear to his, and the under
gunners and mattresses accounts before me in Council, which
he accordingly did. The said petition further sets forth, that
about their " procuring a redress for some of their most crying
grievances with all the calmness and moderation imaginable,
and with due defference and reguard to me, I sought all
occasions to exasperate, maltreat, insult and abuse the
Assembly, who, however resolved to overlook all indignity s for
the good of their country, and I finding that I could not provoke
the Assembly to return the ill treatment they met with from
me, did on the 5 of October last command them to adjourn
for 4 weeks etc." I refer for answer to this, to their address
to me, and to their Minutes of the Assembly, the last year :
surely the supporting H.M. prerogatives according to my
200
COLONIAL PAPERS.
1728.
Sept. 13.
Barbados.
duty ; the not passing a bill to exclude all officers civil and
military from being Assembly men ; the not suffering them
to choose a pro tempore Speaker without my approbation ;
the taking notice of their adjourning themselves from time to
time and from place to place without my consent ; and to
adjourn and prorogue them when I see them attempt to bring
in a bill to lessen the number of H.M. mattresses and their
salarys, with which they cannot support themselves at present
as they are paid, cannot be thought insulting and abusing the
Assembly, and tho' they may think they are doing good for
their country, it can't be imputed as a crime in me. Your
Grace may have observed by what principles they are actuated,
from the Address of the present Assembly to me, on my Speech
to them and their subsequent Minutes etc. Repeats part of
following letter. Signed, Henry Worsley. Endorsed, Rd.
13th Nov. 25 pp. Enclosed,
389. i. Petition of William Webster, Captain Gunner, the
under-gunners and matrosses of St. Michael's division
to the Governor in Council. Request payment of
349 3*. lid. for their salaries, 9th Sept., 1727
9th March, 1728. 1 p.
389. ii. Account of above salaries etc. Signed, Wm. Webster.
Copy. 2 pp. [C.O. 28, 44. Nos. 124, 124 i, ii.]
390. Governor Worsley to the Council of Trade and
Plantations. Repeats parts of preceding covering letter.
Adds : The 7th instant I had the honour of receiveing your
Lordships' letter of 12th April last, by which I find that I may
shortly expect H.M. commands in relation to the Assemblys
assuming to themselves a power of adjourning as they think
fitt, which they have constantly done this sessions, (except
the first time they met) as also of choosing a pro tempore
Speaker without my approbation, as I have had the honour
to advise your Lordships. The publication I order'd to be
made in all the churches of the repeal of the Act declaring and
ascertaining the rights and powers of the General Assembly has
undeceived many of the inhabitants thereof who before thought
the Assembly of Barbados had the same powers as the House
of Commons in Great Britain, and that they had " a coercive
power to call before them such persons as shall be able to give
evidence in matters relateing to grievances upon H.M. good
subjects of this island, or to send for persons papers and records
in order to the better discovery and redressing such grievances,
and for the better enquiry into the breach of H.M. good and
wholesome laws of this Island, without which they could by
no means attain to such good ends for which it shall please
H.M. to call them, which would very much tend to H.M.
dishonour and disservice and very much to the detriment of
H.M. subjects of this Island " etc. This is the preamble of the
AMERICA AND WEST INDIES. 201
1728.
Act, which upon its arrival in England was immediately
repealed by King William tho' the Habeas Corpus Act which
they had passed the year before was not repealed till 1702,
upon this consideration I did refuse to comply with the Address
of the last year's Assembly for the copy of the report of the
Judges upon the complaint against the Deputy Provost
Marshall, in that they had no power to redress grievances,
which your Lordships will observe they do still assume to
themselves in their Address they make to me this year, and
as they have no power to send for persons, papers and records,
I did refuse to lay before them the lists of the fees, especially
as H.M. by his 38th Instruction has provided a redress.
Quotes instruction to Governor with advice of Council to
regulate fees and that tables of fees be hung up in publick
places where they are to be paid. Continues : And in order
thereto on the 28th of November last I ordered all the officers
to lay a list of their fees before me in Council, and on 20th
Feb. last I appointed a Committee of the whole Council, or
any five of them to examine them, and to make their report
to me in Council, but they have not yet done it, alledging they
have not been able to get a Committee of five of the Council
to meet, if this was so great a grievance to the country, surely
five Members of the Council would find time to meet in order
to have the fees regulated. Quotes postcript from Board's
letter relating to French and St. Vincents, v. 12th April.
Continues : In the island of St. Vincent's, there are blacks,
Indians and some French, the blacks being superior to the
Indians, possess the inland part of the island, and the Indians
are retired to the sea-coast, where the French settle, and
intermarry with them, and as I have been informed they do
raise corn, but no French vessells have brought any here,
whether any English sloops have, or not I am not certaine,
but if they have I don't know of any law, that can hinder them.
As to the French man of war pretending to seize any English
sloops there, for cutting of timber, I never heard he did, but
about a year and a half since a French man of war was sent
from France fitted out by the merchants at Nantz, as I have
heard to prevent the counterband trade, that was carryed on
at Martinique by English ships, who went directly to Sta.
Lucia with beef, and other provisions, or toucht here, and sold
their provisions and carryed away our money with which they
went to Sta. Lucia, to purchase French sugars, which were
clandestinely carryed to them from Martinique, and then
proceeded with them to Holland, or other forreigne ports,
where they could enter, this allarm'd the French merchants,
and was the occasion of their petitioning for the said man of
war, who when she arrived, went to Sta. Lucia, and seized
several English ships and other vessells, who had on board
sugars, or other French commoditys brought to them
202 COLONIAL PAPERS.
1728.
clandistinely from Martinique without paying the King of
France his duty. I have the honour to inclose to your Lord-
ships the Minutes of the Assembly of the 29th past ; which
is in answer to the Councillors' reasons for their amendments
to the Excise Bill. The Assembly say 'tis notorious that
many excise bills have been passed even during my Government,
whereby in certain cases an address of the General Assembly
was made necessary, previous to the passing orders for money
rais'd by those bills, as perticularly in the cases of defraying
the charges of the entertainments of the Courts of Grand
Sessions, and of the repairs of Pilgrim etc. Continues : As
to the first case, it dos not appear in any other, but the two
last excise acts, by a law of this island the expence of the Grand
Sessions is to be paid out of the casual revenue, but by my
46 Instruction, H.M. commands it shall be paid out of the
publick Treasury of the Island, and with some difficulty I got
it inserted in the Excise bill in the year 1726, and the expression
(upon the address from the General Assembly) did indeed
escape my notice, but this is so far from proving a right, that
on the contrary it shews how necessary it is (even in the most
minute things) not to suffer innovations. Some from a bare
indulgence in small things are apt to put in a claim of right
to much greater, as to the second case, the repairs of Pilgrim
House, by my 27 Instruction H.M. commands that the General
Assembly are permitted to assign, or provide such a house
or rent of a house, and consequently I thought it just and
reasonable that they should have the enquiry into the repairs
or buildings, and even laid before them the workmen's receipts
of the money expended for the said repairs. But the question
now I take to be whether the Assembly have a right of
inspecting, regulateing, or approveing of accounts, before an
order be issued for them, which is contrary to H.M. 34
Instruction, which I laid before them before they passed the
bill the second time. The Assembly s have always addressed
the Governour in Council for moneys upon several occasions,
and it has been formerly granted, but in the ordenary use of
any former excise act an address was never made necessary,
and that without it no order should pass, or if it did, the
Treasurer should not pay it, or if he paid it, the Committee of
Publick Accounts should not allow it, 'tis certain there never
was such an use in any preceeding excise bill, since the settle-
ment of the island. But this proceeding of theirs will appear
more extraordinary, when your Lordships shall consider, what
these uses are for, nothing less than for H.M. stores, and
fortifications, what will naturally follow this, will be the pay-
ment of the gunners, and the matrosses in the same manner,
and then all the power H.M. Governour will have, will be to
name the matrosses, who will certainly serve them, that can
pay them ; and as for the Militia by a law in this island passed
AMERICA AND WEST INDIES. 203
1728.
by President Bond, the Collos. have got the sole command of
them. Indeed the Governours grant the commissions, but
how is that ? after he has given the Collo. his, the Collo. insists
upon blank commissions for the other officers. I have always
put in the field officers, but that has ever been a heart burning.
The Assembly do not pretend to make out the warrants, or
orders for money, that servile part they leave to the Governour
and Council ; nor do they command the Governour and Council
to issue orders in pursuance of their addresses ; but they tell
them not to issue the money for such uses, till they have first
addressed for it, so that notwithstanding that the Governour,
and Council have found it necessary for H.M. service, and the
publick good, to employ persons at the publick expence in
pursuance of the general interest, as well as the title of the law,
and that those persons should faithfully do their duty
accordingly, they shall never have an order for their money
unless they have interest enough with some leading men of the
Assembly to procure it for them, these persons were formerly
paid on the head of emergencies, which orders were always
paid preferable. They particularly mention my granting an
order to Mr. Hammond Deputy Secretary and Deputy Clerk
of the Council, I did grant it, with the advice and consent of
the Council, for his attending at the Council Board, and for
transcribing fair minutes and duplicates thereof to be sent
home, and entring and transcribing the laws, and publishing
them in the churches, and for administring an oath to all
masters of ships, appointed by a law passed in 1706, and for
doing many other things for the publick, as appears by an
account sworn to, and which I have againe ordered to be
examined, and is refer'd to a Committee of Council for that
purpose, and certainly every man ought to be paid for the work
he hath lawfully done. But though I with the advice and
consent of the Council did grant it, it is not paid, nor can, but
by an use in the excise bill, when the Assembly shall think
fitt to make one ; on the other hand the Clerk and Marshall
of the Assembly have their annual salarys, and even made
preferable to the payment of H.M. gunners, and matrosses,
the Clerk has 200 per annum, besides an allowance of about
60 per annum for extraordenarys pens ink and paper. The
granting the Secretary orders for such extraordenary services
for the publick, as before mentioned, has been often practiced
in this island, by the Minutes of the 23rd April, 1723, an order
was granted to Mr. John Lenoir the Deputy Secretary for the
sum of 325 18*. 9rf., and on the 21st day of January 172f,
an act was past for the payment of the same as appears by the
Minutes of Council of the same day. The Committee of the
Assembly alledge further that Collo. Leslie by my intervention
farmed the office of storekeeper to Mr. Hammond, and insinuate
as if it was for my use. The store-keepers have always
204 COLONIAL PAPERS.
1728.
appointed deputys to act under them, who live in town, on
account of the daily departure of the ships, and the storekeepers
give bond, and security in 2000 for the stores they receive ;
if the Committee of accounts would but make up his accounts,
which he has desired them often to do, for he has now been
near twelve months out of that office, they would soon see if
any of the powder was imbezled or wasted ; ever since the
20th of Feb. last, as appears by the Minutes of Council of the
same day, I have ordered them to do it, and notwithstanding
it is not yet done. But as for myself I know of no contract
by my intervention, betwixt Col. Leslie and Mr. Hammond,
who has been now gone off of this island for North America
since April last was three years, and if there has been any it
is not for my use, as they would insinuate. The Committee
of the Assembly further add in the said Minutes, " that several
orders had been issued, and that too for some thousands of
pounds to William Webster Esq., Capt. Gunner of St. Michael's
division, who at the same time he was, and is Captain Gunner,
was, and is H.E.'s Secretary and Deputy Secretary of this
island, though those two offices of Captain Gunner, and Deputy
Secretary of this island are incompatible, the Captain Gunner
being obliged to prove his accounts on oath, which is impossible
in this present case." I am surprized how they can make so
great a mistake, for about three years only Mr. Webster has
been Deputy Secretary and Captain Gunner, the salary of
Captain Gunner is 100 currant money of this island per annum.
Every half-year the Captain Gunner, under gunners, and
matrosses, petition for separate orders for each man's salary,
which with the advice and consent of the Council I grant
separately, the annual expence for this division for the pay-
ment of the said Captain Gunner, under gunners, and matrosses
amounts to about 700 per annum, but Mr. Webster has only
the orders for his own salary, and some small charges. I have
sent your Lordships inclosed a copy of one of the petitions
with the account annexed, by which your Lordships will see
whether several orders of some thousands of pounds have been
granted to Mr. Webster or not. As for the incompatibility
of those two posts, because the Captain Gunner is to deliver
in upon oath to the Secretary of this island for the time being
a true and just account of what shall be due to himself, under
gunners, and matrosses, for these are the words of the law,
it was referr'd to H.M. Attorney General, who hath reported,
that they are not incompatible, and that if he delivered his
account upon oath before me in Council, it answered the true
intent of the law, which he accordingly did. The Committee
of the Assembly observe as to the orders issued to Collo. Leslie
" for supplying the forts etc. with necessary s etc. that the sums
therein charged for such supplys pretended to be furnisht are
in many instances many hundred pr. cent, more then such
AMERICA AND WEST INDIES. 205
1728.
supplys (if actually furnished) could really have been worth,
as for instance forty or fifty pounds have been therein charged
for flaggs, that might have been bought for fifteen or twenty
pounds." Col. Forbes the Storekeeper before my arrival as
I am informed did charge 45 for a flagg, and Mr. Wadeson
since my arrival charged one at the same price, and one in
Collo. Leslie's time was charged at 40. But the Committee
of Council, who I ordered to examine the accounts before the
orders were passed, fixed the price for the future at 35. Your
Lordships will observe by the Minutes of Council what care
I took in granting the orders to the Store-keepers for the
necessarys, and utensills they supplyed. In the Minutes of
Council of 24th May, 1723 your Lordships will see the report
of the Councillors to whom the petition of Collo. William Leslie
for necessarys, and utensills he had formerly supplyed the
forts with, was referred to examine, and afterwards an order
was granted to him for 420 Is. 10|d. In the Minutes of 29th
Sept. 1724 is the report of the Councillors to whom the petition
of Collo. Forbes was referr'd for 392 12*. 2d., and of Samuel
Wadeson for 303 2*. lid. the late storekeepers ; and then
orders were issued for the payment of the same. In the Minutes
of Council of llth May, 1725, there is a petition of Collo. Leslie
for 388 lls. Id. which was referr'd to a Committee of Council,
who deducted 5 of the account, and therefore an order was
afterwards on the 2d July following granted for 383 11s. 7d.
only. These are all the orders that have as yet been paid,
though since Collo. Leslie was removed from being store-keeper,
he has brought in his accounts for the years 1725, 1726, 1727
for which indeed orders were passed without referring the
accounts, but that the Assembly may not have the least reason
of complaining I have referr'd them to a Committee. I must
observe to your Lordships upon the head of the Storekeepers'
accounts, that formerly their disbursments were paid as
emergencies, and as such were paid immediately, and therefore
the flaggs might have been afforded cheaper, and the question
then will be whether 24 or 25 in hand is not better than
35 5, 6, or 7 years hence, in a country where money is at 10
pr. cent., for as the orders are now paid in course the soonest
they can expect to be paid in, is 4 or 5 years, and they may be
longer. As the Assembly have in these Minutes desired that
H.M. would be pleased to determine the point in dispute between
them and the Council, the Excise bill is dropped till an answer
arrives. In Mr. Crow's Government there was a dispute
betwixt the Council and Assembly about the latters appointing
Agents in the Excise bill. I have sent your Lordships copys
of the proceedings out of the Council books, the Assembly did
then agree to the Council's amendments as appears from the
very Act. I have inclosed also a copy of the uses in that
Excise act etc. I am extreamly obliged to your Lordships for
206
COLONIAL PAPERS.
1728.
your kind congratulation upon H.M. great goodness in haveing
been graciously pleased to re-appoint me His Governor etc.
This go's by Capt. Wickham in the Brigantine Eagle. Signed,
Henry Worsley. Endorsed, Reed. 7th, Read 20th Nov., 1728.
13 pp. Enclosed,
390. i. Minutes of Council of Barbados, 8th March 1st April,
1708. Copy. 7% pp.
390. ii. Uses in the Excise Act that passed in Mr. Crowe's
Government. 25th March, 1708. Endorsed, Reed.
7th Nov., 1728. Copy. 2 pp.
390. iii. Duplicate of encl. i and ii preceding. [C.O. 28, 20.
ff. 49-55, 56i;.-61t;., 62t>.-63i;.]
Sept. 13. 391 . Governor Hunter to Mr. Stanyan. Repeats following,
Jamaica, written to Mr. Delafaye as Agent for the Island. Signed, Ro.
Hunter. Endorsed, Rd. Dec. 1st. Holograph. 4 pp. [C.O.
137, 53. ff. 84-85i\]
Sept. 13.
Jamaica.
392. Governor Hunter to Mr. Delafaye. Mr. Ayscough's
conduct etc. has much disconcerted my measures whether
it be that he thinks keeping afloat old grudges between the
Council and Assembly or the govt. and them may in some
measure throw the blame of pass'd miscariages upon the
Assembly, or any other hidden cause I know not, but his
activity in promoting that Sugar bill, his getting himself
industriously nam'd as one of ye Council, without my know-
ledge, to joyn with a Committee of ye Assembly for instructing
the Agent whilst he well knew that this very step would
obstruct the Bill, and is, on my begging it of him as a favour
that he would excuse himself from that nomination, not only
refusing but owning that it was done to obstruct ye passing
of the Bill, and that the Council thought themselves injured in
ye Instruction apponting two of ye Council only to be joyn'd
with five of ye Assembly for that purpose, makes it evident
to me at least that his intention is to perpetuate these
animositys which I am studying hard to root up. For at this
very time he was under the scrutiny of ye Assembly for some
misapplication of publick money and will be so in ye next
Session notwithstanding of my endeavours for him in softning
that affaire. You'll think it odd that the Council after having
themselves pass'd the Sugar Bill, should advise me not to
give my assent to 't, I'll give you the history of that ; I desir'd
to be acquainted when that Bill should be sent up to the Council,
(for you must understand that here contrary to ye practice of
ye Councils to ye Northward they clame a right to sitt by
themselves when in their Legislative capacity which is indeed
of ill consequence) having heard the Bill read I told them that
being a bill of a very extraordinary nature affecting the trade
of Engld. and credit of ye Island I thought it would be expedient
AMERICA AND WEST INDIES. 207
1728.
that a Clause should be added suspending ye execution 'till H.M.
pleasure was known and offer'd another amendment, wch.
they receiv'd but took no notice of ye first. After I remov'd,
Mr. Gregery mov'd that in regard to the consequences of this
Bill and what I say'd he thought it expedient the consideration
of it should be putt off 'till Tuesday when there would probably
be a fuller Board, but to no purpose for that party, five, read
the bill thrice in one day, if I remember right and pass'd it
without having committed it. When there was a fuller Council
I lay'd the Instructions before them and desir'd their opinion
if the bill was not of ye nature of these to which I am forbid
to give my assent, and they gave it as their opinion that it was,
and one of them desir'd his reasons for such his opinion might
be enter'd in ye Minutes which was done. I told you in my
last that the Atty. Genii, had inform'd me that Mr. Ayscough
had apply'd for a privy scale to constitute him Cheife Justice
here, I know not what way his intrest may lye at home, but
I'll be bold to affirm that if it were comply 'd with confusion
must ensue and the Govt. be brought into contempt ; it is
true the present Cheife Justice Pennant is so weake a man
that the Bench is grown contemptible and I am now resolv'd
to putt in another, for he was put into yt. trust in Mr.
Ayscough's time only to keep out another who was indeed very
unfitt. Upon the whole I know no better expedient for bringing
matters to bear here for the ease of ye Government and quieting
the minds of the subjects here, then leaving Mr. Ayscough out of
ye list of Council by a new Instruction or special letter for that
purpose, for the dread of many that they may once more fall
under the lash of his power gives much uneasinesse he being a
man of pride resentment and litle judgement. The next in
seniority in Council is Coll. Gommersell a man of probity and
experience and well belov'd. I had formerly recommended
to his Grace and the Lords of Trade in case of vacancy there
Alexr. Forbes Esq., Will Needham and Ed. Charlton, all men
of character and fortune the first was recommended to his
Grace by the King's Advocate whilst I was yet in London.
The Assembly is to meet next moneth, I hope in better temper
for on second thoughts many of them are cool'd as to ye Sugar
Bill, which was indeed no more than a piece of art for an evil
purpose etc. P.S. Communicate all or what you think fitt
of this to his Grace. I have wrote to the same purpose to
Mr. Stanyan. Signed, Ro. Hunter. Endorsed, R. 1st Dec.
Holograph. 4 pp. [C.O. 137, 53. ff. 82-830.]
Sept. 14. 393. John Bennet to the Duke of Montagu. Returns
Barbados, thanks for letter of May 16th. Continues : The universal
character that your Grace has, with men that are for promoting
the good of mankind, in such a laudable manner as your genius
leads you to, was the most prevalent reason that I give your
208
COLONIAL PAPERS.
1728.
Sept. 15.
Windsor
Castle.
Sept. 17.
Canso.
Grace the trouble, and myself the pains on the affair of St.
Lucia. I have lately in pursuance of that opinion ventured
to write you by Mr. Harper etc. I now again affirm and am
able to give the strongest reasons in the world, that if we do
not secure that island, we shall be outed of all the Charibees
and consequently of the whole sugar trade. The French be
they never so good allies, are the onely persones that we are to
dread in those parts. If anything can be done for the good
of these Coloneys I humbly presume to think that your Grace
might contribute very much towards it, etc. Signed, John
Bennet. Endorsed, Reed. Read llth Dec., 1728. 1| pp.
[C.O. 28, 20. ff. 74, 74w., 75v.]
394. Lord Townshend to Governor Hunter. As H.M.
still receives complaints from the West Indies that the
Spaniards continue to interrupt the trade of His subjects,
and to make depredations upon them in a piratical manner,
He has directed orders to be sent to Comodore St. Lo, or the
Commander-in-Chief of H.M. ships in the West Indies, to seize
and secure such ships and vessels as shall act piratically, or
under illegal comissions or shall make depredations on H.M.
subjects since the cessation of arms has been declared. And
as the King has likewise had advices, that the Spaniards are
strengthening their naval force in America, and finds that
tho' open hostilities are ceased, yet their behaviour is such
as gives grounds to entertain jealousies of their designs, H.M.
thinks in prudence he ought to be upon his guard, and therefore
has thought fit to direct you to get the best information you can
of their strength by sea, and of the ships that come from Old
Spain to reinforce their naval armament in the West Indies,
and accordingly to be watchfull of their motions and to put
your self in such a posture, that you may neither be insulted
nor surprized. Signed, Townshend. 1| pp. [C.O. 137, 53.
ff. 86, 87 ; and (duplicate) 88, 881;. ; and 137, 18. /. 3.]
395. Capt. Caccally to Govr. Philipps. As I have by all
oppertunitys hitherto and allways shall doe myself the honour
to represent to you the state of affairs here whilst I have the
honour to command it, soe must now inform you of the
ungenerous dealings of Mr. St. Ovide Govr. of Louisbourg.
The 17th of last month four soldiers deserted and took with
them a boat and sails. I ordered Ensign Bradstreet to pursue
them, he went to St. Esprit on the French shoar where he found
the boat wch. they abandoned and betook 'emselves to the
woods, he immediately sent by land to acquaint Mr. St. Ovide
that there were English deserters in his Government, and even
in Louisbourg, and to desire he would order them to be secured
till his arrivall, all wch. he took noe notice of, and when Mr.
Bradstreet delivered him my letter, he said he knew nothing
AMERICA AND WEST INDIES. 209
1728.
of the matter, but if Mr. Bradstreet cou'd find out where they
were, he wou'd have them secur'd ; upon enquiry it was
discovered that a preist called father Narciss took two of them
who called themselves Papists and conveyed them on board
the French man of war at Louisbourg, the other two were at
work in Louisbourg the very day Mr. Bradstreet arrived there,
but were immediatly sent away etc. I find our men are
possessed with an opinion that all who desert to the french
shoar are to be protected and encouraged, wch. oblidges us to
keep a very strict watch over them, tho' at present wee are
extream scarce of officers etc. I am oblidged to complain to
your Excellcy. of the New England fishermen who have at
severall times both this summer and last taken away severall
of our men ; I cou'd wish with all my heart to have the honour
of a line from yr. Excellcy. to inform me how to act in this
affair. I have sent the muster-rolls by this oppertunity, and
have reed, five chests of arms from Annapolis royall. Refers
to his previous reports as to the " miserable state of our barraks
and guard-room, . . it is impossible for our men to hold out,
for wee have already lost severall by fluxes and colds, occasioned
by their lying wett " etc. Signed, Francis Caccally. Endorsed,
Reed. 3rd Dec. from Col. Gardiner. Holograph. 3 pp. [C.O.
217, 38. No. 19.]
Sept. 18. 396. Statement by [? John Savy.] Whereas I have lived
Charakees an d traded in this nation for the space of seven years and have
ee ' thoroly learn their tongue being upon some business called
home to England the King and head wariors would not lett
me depart till I gave them my promise to return and to deliver
their presents that they would send by me to the King's most
excellent Majesty their Master over the great water and likewise
to return them his answer by the mulbery moon next which
will be in June according to our stile. I had not had the
presumption to undertooke their message till after some time
of consideration and the advice of our agent and severall of
my friends that it would prove to the advantage of my King
and country as I shall here mention in the first place when
S. Carolina was involved in an Indian warr they were the first
people that joined with us to subdue the Indians that was
against us this was transacted in the government of Charles
Craven Esq. then governour of South Caroline who sent up to
the said Nation 400 men white and blacks under the command
of Colonel Morrissmore [sic] and at the same time came in a
body of Cricks or Southern Indians to them in order to cutt
off our army but after a counsell held among themselves as
God would have it they concluded to kill the messengers that
came from the Indians and accordingly about twelve a clock
at night struck the blow and brought upon themselves and
families a continual war which I have since been an(d) eye
C.P. XXXVI 14
210 COLONIAL PAPERS.
1728.
witness too for when their wives and chidrens have been killed
or taken away slaves they have told me that if it had not been
to save the white people they would have been at peace and
quitness but withall did not value it hopeing one time or
other they would be rewarded for their trust to us secondly
they are the only Indians that Carolina can have any dependance
upon been no wayes corrupted by the Crown of France nor
Spain nor would they ever suffer it for I have seen ten of the
French Indians killed that was sent to them to treat conserning
trade or peace their answer being that they would have nothing
to say butt to the English, as to all our other Indians which
is but three nations they cant not be call'd ours for the
Chickasaws have among them the french whom have setled
a fort and has to the cricks they have also a french fort amongst
them and notwithstanding the Spaniards also trade amongst
them and has to the third nation which is the Catawbes they
are hardly worth notice been in number but 400 men butt
yett they are devided some to the interest of Virginia and others
to Carolina so that wee cant properly call any of them ours
butt these Charakees who are the only barier or lyne between
the French and us and if once the French should gett footing
there who are a very encroching neighbour not valuing a vast
present of arms and ammunition so as they can enlarge their
masters territories and be troublesome to their neigbours
for the first thing they do after a peace with any nation of
Indians whatsoever is to settle a fortification and debar them
from the commerce of any other person whatsoever in trade or
otherwise which is what I have ever since told the Charakees
that if once they came into friendship with the French they
then would be as slaves and no more a free people and they
have at a solemn meeting promis me they never would come
to a peace with the french without I was their interpreter and
if they keep their word which I don't fear if I do butt keep
mine which with the grace of God after hearing H.M. will and
pleasure I intend to perform to those poor people tho Heathens
which are the honestest and truest to their word of any people
I ever knew and depend intirely on the word of a Christian ;
has to the presents they have sent are of no value to us butt
in their way are as much lookt upon as possible in the first
place the eagle's tayle which is sent by the King of Tanesche
to his most sacred Majesty is an emblem or token of an intire
friendship and has to the carpets they are for H.M. to walke
upon the pipes are of a great value among them butt red and
they have ordered me to doe them over with chaulk as everything
that comes from them in peace must be white as to the girdle
it is sent from a man of warr whom to my knowledge loves us
interily. As to garters and oter skin I shall not make any
remarks upon by reason it would be to tedious to tell who send
them. Lett it suffise that these presents are sent from the
AMERICA AND WEST INDIES.
211
1728.
Sept. 18.
Antigua.
Sept. 23.
Portsmo.
Sept. 24.
Windsor.
Sept. 24
King of the Charakees and eleven head wariors whom have
a great desire to see H.M. and the strength of our Nation that
they may tell their people if they should obtain that hapiness
how dangerous it would be to brake friendship with us, likewise
they are very desirous to see all things and how they are made
for their young people thinks it impossible such things as wee
cary amongst them should be made by the hands of man, as
to my own part, what I doe is out of pure zeale to serve my
King and country. I was born in London of french parents
and protestants so that having the french and English tongue
I have had the oportunity by Frenchmen that has been by these
people taken slaves to understand all their plotts and if they
could once gain the Charakees how they would plague Carolina
etc. Endorsed, Charkees and John Savy and Mr. Wyat. 2| pp.
[C.O. 5, 1337. No. 44.]
397. Governor Lord Londonderry to the Duke of Newcastle.
I arrived att my Government the 19th of last month, and am
putting in execution the severall commands I have from H.M.
by his instructions, of which I shall with all possible speed
acquaint your Grace etc. The 12th of this month Capt. Paul
George Deputy Governour of Montserrat died. I have
appointed Capt. John Osborn the eldest Captain in Collo.
Lucas's Regiment Deputy Governour in his room, untill such
time as H.M. pleasure shall be known etc. As his character
and capacity may very well recommend him to this preferment
of the value of 200 sterling per annum, so 'twould be of
consequence to me in my Goverment to have my first recom-
mendation take effect, in which I begg your Grace's good offices
etc. Signed, Londonderry. 2 pp. [C.O. 152, 43. ff. 29,
398. Mr. Missing to the Council of Trade and Plantations.
In reply to 10th Sept. asks for details as to numbers and
provision intended for the said Palatines, in order to preparing
a tender on the easiest terms etc. Endorsed, Reed. 27th Sept.,
1728, Read 16th July, 1729. f p. [C.O. 5, 360. ff. 161, 162u.j
399. The King to Lt. Governor Pitt. With this you will
receive a Seal for the use of our Government etc. Described.
You are to return the former seal in order to its being defaced
etc. Countersigned, Holies Newcastle. 1| pp. [C.O. 38, 8.
pp. 144a, 144b ; and 324, 36. pp. 81, 82.]
400. Similar Instructions to the Governors of New Jersey,
New Hampshire and Massachusetts Bay. Countersigned,
Holies Newcastle. [C.O. 324, 36. pp. 82-86.]
212 COLONIAL PAPERS.
1728.
Sept. 25. 401 . Mr. Lowndes to [? Mr. Popple.] In reply to enquiry,
suggests that the best method for settling Palatines in S. Carolina
will be to transport 2 or 300 families with provisions for a year
at the public expense, and to allot 120 acres of land upon
Savannah or Port Royal River to every man and his wife and
40 acres per child. No quit rent to be paid for the first two
years, a very small acknowledgment for the next 6, and 2*.
sterl. per acre for ever after. Continues : By this means the
value of the Crown's uncultivated land will be raised and the
publick be paid good interest for its disbursemts., and the
inconveniency of having rich planters take up great tracts of
land as they have in other parts of America and so without
any culture let it out to new settlers at a very advanced rate
will be for the future entirely prevented etc. This practice,
as in Virginia, has been a great discouragemt. in peopling the
Province etc. A diligent planter very nearly pays the expence
of clearing the land by timber furnished to Barbados, Nevis
and Antegoa for fuel etc. For many years a considerable
lumber-trade has been carried on from hence to Jamaica and
Gt. Britain etc. A planter in Carolina requires a greater
compass of land than in any other part of America. For the
land that produces rice must always have two years rest,
and hemp and flax a good deal of fresh land etc. Has a scheme
for re-imbursing the public for the cost of transport etc., if he
is assured of a competent gratification from the Treasury.
Continues : It is well known I was (by many months) the
first person that shewed a great man in the administration of
what importance 'twould be to block up the Spanish navigation
from Port Royal in S. Carolina : which I did to return the
affront the British Nation had just then received in relation
to Gibraltar, and what my services have since been my Lord
Westmorland I doubt not will certify. I beg the Lords
Commrs. to keep the direction of the affair as much as possible
in their own hands, by reminding their Lordps. of Mr. Hunter's
conduct towards those Palatins who should have been settled
in New York etc. P.S. Mr. Nicholson kept me out of my
legal right. Signed, Tho. Lowndes. Endorsed, Reed. 27th
Sept., 1728, Read 16th July, 1729. Holograph. 3 pp. [C.O.
5, 360. ff. 167-168t;.]
Sept. 26. 402. Order of King in Council. Referring following to the
Windsor. Council of Trade and Plantations, who are to reconsider the
act and hear the merchants thereupon etc. Signed, Ja. Vernon.
Endorsed, Reed. 4th, Read 8th Oct., 1728. 1J pp. Enclosed,
402. i. Petition of Merchants of London trading to coast of
Africa to the King. Pray to be heard against Act of
Virginia laying a duty of 40s. pr. head on slaves im-
ported etc., as contrary to H.M. Instructions and former
orders in Council, since it lays a duty on the British
AMERICA AND WEST INDIES. 213
1728.
merchants to support the expenses of the Government
of the Plantations, and is prejudicial to the trade of Gt.
Britain. The duty " is unreasonable in itself, greatly
prejudicial to petitioners and the negro trade in
general, highly injurious to the true interest of the
Plantations, and in the consequence of it destructive
not only to the whole Plantation trade, but to the
trade and navigation of these Kingdoms " etc.
Signed, Rd. Harris and 12 others. 1| pp.
402. ii. Petition of Incorporated Society of Merchants in
the City of Bristoll to the King. Praying for repeal
of above act, and prevention of such a duty imposed
in the future etc. as being of " very great prejudice to
the trade of the whole Nation, particularly to us of
this city who are so greatly concerned in the African
trade " etc. 1 p.
402. iii. Petition of merchants of Liverpool trading to the
coast of Africa and the Plantations to the King. As
No. i. [C.O. 5, 1321. ff. 62-63r., 65*;., 66, 67, 69r.,
70, 71, 7Iv., 73v.]
Sept. 29. 403. Petty expenses of the Board of Trade, Midsummer
to Michaelmas, (v. Journal). 6 pp. [C.O. 388, 79. Nos.
30-33.]
Sept. 30. 404. Governor Burnet to the Council of Trade and
Boston. Plantations. I send your Lordships the rest of the Votes of
the Assembly to the present time, marked as I did before that
your Lordships may see the whole dispute between us in them.
I have now reduced them to silence and they seem to have
no expedient left but to meet and adjourn from day to day
and do nothing in which way they seem determined to go on ;
and I think myself obliged to give them no recess, which by
the explanatory charter they dare not take of themselves.
How this will end I cannot guess. Your Lordships will see
in pag. 81 of their Votes that they have offered me a second
present to make up the sum of 3000 for this year, but as this
is not settling a salary I chuse to be wholly destitute of all
support rather than accept of it in their usual way, by which
they may at any time bring the same difficultys on me that
they have on former Governours, and therefore I am so far
from desiring to have leave to depart from my instruction,
that I think H.M. authority in danger of being lost in this
country, if it be given up in this point. In the meantime I
have no subsistance at all but from my perquisites from the
shipping, which amount to about 200 sterling a year now that
I have raised them to a par with those of New York etc. Signed,
W. Burnet. Endorsed, Reed. 12th Nov., 1728, Read 4th Feb.,
1729. Holograph. 3 pp. [C.O. 5, 870. ff. 162-163u.]
214
COLONIAL PAPERS.
1728.
Sept. 30.
Boston.
Sept. 30.
Antigua.
405. Governor Burnet to Mr. Popple. I have sent the
Lords all that has passed since my former, and I hope they will
think I have said and done all that was possible. I shall wait
the issue which does not seem very near, but I will depend on
my being supported at home. Signed and endorsed as preceding.
Holograph. 1 p. [C.O. 5, 870. ff. 160, 161i>."|
406. Governor the Earl of Londonderry to the Council
of Trade and Plantations. I beg leave to acquaint you I
arrived in this Island the 19th of August last, and that I caused
that day my Commission to be read and publish'd, and the
Councillors as appointed by H.M. Instructions to be sworn.
I have given the necessary directions to the proper Officers
here to return me an account of everything under their manage-
ment, in order that I may form a state of the present condition
of the Island in every respect, agreeable to my Instructions,
to be transmitted to your Lordships, which I shall do, with
all the expedition immaginable. Encloses Minutes of Council
and Assembly for Antigua, and has given strict orders to the
Secretaries and Clerks of the respective Councils and Assemblies
to prepare for the future copies of their Journals to be trans-
mitted etc. Continues : I now send your Lordps. an Act
pass'd unanimously by the Legislature of this Island the 22d
instant, granting unto H.M. a tax, in order for a settlement
on me dureing my Government here, and for paying to me
one thousand pounds current money, on the consideration I
can receive no benefit from the tax, the crop being over and
the shipping gone from hence. As some difference of opinion
has happen'd about the interpretation of the words in my
33d Instruction vizt. (dureing the whole time of your Govern-
ment there) whether by the word there is meant that I am only
permitted to accept of a settlement dureing my personal
residence in any part of my Government, or dureing my con-
tinuance of my Commission, supposeing I should be absent
from it, I think it convenient to mention this to your Lordships,
that for the future the sense of this Instruction may be so
explain'd as to leave no manner of room to doubt thereof;
but as at present the settlement to me is made dureing my
Government here, and even to continue one year after my
leaving, provided, I return again Chief Governor, I apprehend
it to be agreeable to H.M. instruction, and am well satisfied
with it. Your Lordsps. will please to observe, that the scheme
of the tax is 3s. Qd. pr. ton on every ship or vessel, that shall
load partly or chiefly with the produce of this Island, but at
the same time, that not one farthing is raised upon any ship
or vessel whatsoever, the tonnage being only the measure of
my income, for tho' the tax to pay me, is in proportion to the
tonnage, yet it is laid on sugar, rum, molasses, cotton, indigo
etc. all of them the productions of this island and not of Great
AMERICA AND WEST INDIES. 215
1728.
Brittain, or elsewhere, so that in good crops when many ships
come, my income will be larger, and in bad ones, smaller, and
may be deem'd by a computation I have made of the tonnage
for seven years last past to amount, communibus annis, to
about 1500 per annum. This tax (my Lords) is thought more
elligible then any yet raised, because the Governor thereby
shares in the good or bad fortune of the people, and it is paid
only by the rich who are the shippers of sugar etc., for the
middleing people and poor will pay nothing, and therefore, I
make no doubt, but it will meet with your Lordships appro-
bation, and I intreat your Lorsps. to give it a quick dispatch,
that it may have H.M. royal assent, as soon as possible, which
will lay a great obligation on me. I should be very much
obliged to your Lorsps. if I could soon know your opinion of
the Act for ascertaining the number of Assemblymen for that
part of St. Christophers formerly belonging to the French,
for tho' tis highly necessary that that part of the island should
be represented, yet I cannot but conceive the methods prescribed
by the bill for that purpose, must be liable to many objections,
as they clash with H.M. Instructions, for 'tis evident to me
by compareing the bill with them, that there are contain'd
therein, sundry things of a very new and extraordinary nature,
such as ascertaining the number of members to be elected,
how many each town or district shall return, excludeing the
King's Officers, even those that have patents for life, and
laying them under severe penaltys, if they meddle in elections,
the makeing the Assembly annual, and prescribeing the manner
of issuing writts contrary to their usual practice, and contrary
to that of the other islands of the Government, with a great
many such like things, wherein the King's perogatives may be
greatly concernd. Wherefore I apprehend that bill ought not
to have taken place, till confirm'd by H.M., and as I shall be
very unwilling to call an Assembly there, under that law, till
I know your Lordships' opinion about it, I question not, but
I shall have the honour of your answer, as soon as possible, etc.
Encloses names for vacancies in Council. Concludes : As
soon as I go to the other islands, which will be in few days, I
shall not faile to do the same. Signed, Londonderry. Endorsed,
Reed. 13th, Read 17th Dec. 1728. 2f large pp. Enclosed,
406. i. List of Members of Council of Antigua (four in
England). Persons to fill up vacancies : Samuel
Martin, John King, Charles Dunbar, Richard Ash,
Joshua Jones, James Wetherill. Endorsed, Reed. 13th
Dec., 1728. 1 p. [C.O. 152, 16. ff. 363-365, 366i;.]
Sept. 30. 407. C. Jackson to the Honble. Coll. Bladen. Encloses,
as requested, an account of the Bahama Islands. Signed,
Cuthbert Jackson. Endorsed, Reed., Read 1st Oct., 1728.
J p. Enclosed,
216 COLONIAL PAPERS.
1728.
407. i. Mr. Jackson's report upon the Bahama Islands.
Sketches history. The principal causes which have
obstructed the settling of the place and rendered the
attempts of the Society abortive are, (i) Want of a
Civil Government, (ii) the Lessees' dues and tenths,
(iii) Want of a, proper authentick power to grant
patents for lands. Braziletto wood and salt are
bulky, and of small value, and oil hazardous and
expensive to get. Though the present Lessees have
been very indulgent and not exacted their dues with
rigour, yet the very being subject to such a large
demand must be a great discouragement etc, 3|
large pp. [C.O. 23, 2. ff. 172, 173-174i;., 175v.]
Oct. 1. 408. Council of Trade and Plantations to Lord Townshend.
Whitehall. Enclose following to be laid before H.M. Autograph signatures.
1 p. Enclosed,
408. i. Same to the King. Representation upon state of
Bahamas and complaint against Governor Phenney
in reply to 13th Aug. We have discoursed with Mr.
Curphey Chaplain to the Garrison there, with several
persons lately come from thence and with the Agents
for Capt. Phenny, and we find that these Islands are
at present in a declining state, both with respect to
their commerce and to the number of their inhabitants.
We have therefore enquired into the causes of this
alteration, and find, that the people have lain under
many discouragements, namely the want of a sufficient
force to protect them, of a civil Government properly
establish'd for the regular distribution of Justice and
of an Assembly, whereby they may be enabled, to
make such laws as may be proper for their circum-
stances ; to these may be added that no person
hitherto is sufficiently empower'd to grant lands to
such of your Majesty's subjects as shall be dispos'd
to settle there, and if we are rightly inform'd, the
quit rents intended to be reserved are much larger
than shou'd be impos'd on planters in the infancy of
a Colony. But what in a more particular manner
has discouraged the inhabitants of late years and
even obliged some of them to quit the Colony has been
the illegal and arbitrary behaviour of the Governor's
wife, who has monopoliz'd the trade of those Islands
and retails to the inhabitants all commodities and
provisions at exorbitant prices, whereby she greatly
oppresses your Majesty's subjects ; and she has
even carried her indiscretion so far as to insult a
Justice on the Bench in the execution of his duty
for not pronouncing sentence according to her
AMERICA AND WEST INDIES. 217
1728.
inclination. We can by no means excuse the Governor
in conniving at or indulging his wife in so extravagant
and oppressive a conduct, altho' in other respects
Mr. Phenney bears a fair character, nor have we any
personal complaints against him before us that are
sufficiently supported by proper evidence. For as to
the condemnation of John Wadsworth by a Court
Martial, it appears to us that the sentence of that
Court was approved by their Excellencies the Lords
Justices in 1723, tho' they afterwards pardon'd the
said Wadsworth. And as for the second condemnation
of the same man for another crime by a Court of
Admiralty, the Judges of that Court in our humble
opinion would seem more properly responsible than
the Governor. But having no proper evidence of
this matter before us, we shall send a copy of the
complaint to Mr. Phenney for his answer thereunto.
However, in the mean time considering of what
consequences the Bahama Islands are to the trade
of Great Britain, we humbly submit to your Majesty
whether it would not be for your Majesty's service
that the Government of those Islands should be
placed in the hands of some person whose conduct
and abilitys may give all proper encouragement to
such planters as are inclinable to settle there.
Autograph signatures. 4> pp. [C.O. 23, 12. Nos.
97, 97 i. ; and 24, 1. pp. 97-101.]
Oct. 1. 409. John Lloyd to Lord Townshend. Reminds him of
Charles Town his services in the '15. He was the Secretary to the Post Office
s Carolina uno ^er Mr. Craggs, " but for nine years past have resided in
this countrey, because of ill fortune I met with in ye stocks."
Asks to be appointed First of the Council, or a commission to
be Lt. Governor without any salary. " What I propose by it
is, a little power, and perhaps a little profit, during the absence
of a Governor." Has been a member of Assembly for eight
years and was sent to England as Agent for the country etc.
Concludes : Many inconveniencies have happen'd by the
first in the Council taking the administration upon the decease
or absence of a Governor in the past, for they happen very
often to be too little acquainted with ye affairs of ye world,
as is ye case of our present President etc. Signed, John
Lloyd. 2| pp. [C.O. 5, 387. No. 84.]
Oct. 1. 410. Capt. Warren to Mr. Burchett. Has delivered the
Soiebay, orders of the King of Spain to the Viceroy of Mexico and
s. Carolina, obtained from him accordingly restitution of the South Sea
Company's ships and effects seized in La Vera Cruz etc. Visited
218
COLONIAL PAPERS.
Oct. 3.
St. Johns,
Newfound-
laud.
1728.
the Havanna and brought off English prisoners thence etc.,
Describes movements of galleons. Endorsed, In Mr. Burchett's,
Nov. 15. Copy. 2| pp. [C.O. 5, 387. No. 85.]
411. Mr. Keen to Mr. Popple. I take this opportunity of
acquainting the Lords Commissioners of a murder committed
the last winter by Anthony Steel, als. Lee, uppon one of his
servants, which prisoner together with the evidences Thomas
Carter and Philip Gribble, I now send in the briganteen Samuel
etc. for London, to take his tryall. I humbly begg leave to lay
before their Lordps. the great hardships H.M. subjects living
in Newf'land, are exposed to, for want of propper persons
duely authorised to administer justice in the absence of the
Commanders of H.M. ships, and espetialy the winter season,
being expos'd to the insults of ill-minded men, who knowing
they cannot be punished in Newf'land. commit many outrages,
roberys and murders and unless some care be taken to suppress
the outrages frequently committed the sober part of the
inhabitants will be obleadged to move from their possessions
and seek their living in a more civilised country etc. Neither
is here any people willing to contribute to the charge of sending
mallifactors and evidences home that they may be prosecuted
(so) that I am obleadged at my own charge to victuall the
prisoner and evidences and to pay their passages etc. Hopes
that he will receive consideration and that the evidences may be
provided for etc. Signed, W. Keen. Endorsed, Reed. 30th Nov.,
Read 3rd Dec., 1728. If pp. [C.O. 194, 8. ff. 181, 181 v., I82v.]
412. Petition of Members of Church of England of
Rehoboth, Barrington and Attlebrough (Mass.) to the King.
Quote clause of Charter granting liberty of conscience etc.
" designed to protect such who unhappily dissented from the
established Church." Continue : Notwithstanding under
colour of Acts and Laws of this Province formed and composed
altogether by such Separatists, your Memorialists are continually
prosecuted, presented and imprisoned by them, for not paying
to the support of their Ministers, notwithstanding your
Memorialists yearly contribute to the support and maintainance
of their Ministers duly licenced by His Lordship the Bishop
of London. And tho' your Memorialists made frequent appli-
cations to the Great and General Courts of said Province for
redress, they as frequently rejected the same, the Church of
England haveing very few or no advocates in either of said
Houses. Pray for protection from such notorious impositions
etc. 24 signatures. 1 large p. Torn. [C.O. 5, 10. No. 189.]
Oct. 8. 413. Council of Trade and Plantations to the Lords Corn-
Whitehall, missioners of the Treasury. Request payment of Office expenses
and officers' salaries for quarter ending Michaelmas. Account
annexed. [C.O. 389, 37. pp. 293-295.]
Oct. 4.
AMERICA AND WEST INDIES.
219
1728.
Oct. 8.
Whitehall.
Oct. 8.
Whitehall.
Oct. 8.
Whitehall.
Oct. 12.
Barhados.
Oct. 12.
Barbados.
Oct. 16.
Windsor
Castle.
Oct. 17.
Windsor
Castle.
414. Same to the King. Propose that a public seal be
ordered for Nova Scotia. [C.O. 218, 2. pp. 122, 123.]
41 5. Same to the King. Represent that the Act of New
York for preventing prosecutions by informations " is an high
encroachment upon your Majesty's undoubted prerogative of
proceeding by way of information, and of dangerous consequence
to your Majesty's interest, revenue and government in that
Province " etc. Propose its repeal. [C.O. 5, 1125. p. 120.]
416. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 21 acts of Virginia enumerated passed 30th
March last. Desires first report upon the act for levying a duty
upon slaves imported, and for appointing a Treasurer, " which
their Lordships intend to take more immediately into
consideration. " [C.O. 5, 1366. pp. 510.]
41 7. Governor Worsley to the Duke of Newcastle. Encloses
by first opportunity letter of thanks to H.M., for his Commission
as Governor etc., which he published with the usual solemnities
on 8th Oct. Hopes for H.M. speedy decision upon dispute
between Council and Assembly over Excise bill (v. 13th Sept.),
" as the chief duty is laid upon wine, which generally comes
in here from Madeira about Christmas." Concludes : As the
present General Assembly stands prorogued to the 18th instant,
I design to dissolve them, in hopes that the next may meet in
better temper. Signed, Henry Worsley. Endorsed, Rd. Dec.
9th. 2 pp. [C.O. 28, 44. No. 127.]
418. Same to the Council of Trade and Plantations.
Duplicate of preceding, mutatis mutandis. Signed, Henry
Worsley. Endorsed, Reed. 10th Dec., 1728, Read 20th May,
1729. 2 pp. [C.O. 28, 20. ff. 103, I03v.]
419. Duke of Newcastle to Governor Burnett. Encloses
petition of Capt. Thomas Doleman of Bristol, merchant, com-
plaining of the snow Elizabeth having been unjustly seized
and condemned together with her cargo, as belonging to pyrates
etc. I received H.M. commands etc. for you to enquire into the
truth of what is therein alledged, and see justice done to the
petitioners, if their complaint appears to be well founded, and
if it be not, you will send me a true state of the case to be laid
before H.M. etc. Signed, Holies Newcastle. [C.O. 324, 36.
p. 87.]
420. H.M. Commission to Woodes Rogers to be Captain
of the Independent Company in Providence I., in place of
George Phenny. Countersigned, Townshend. [C.O. 324, 36.
pp. 97, 98.]
COLONIAL PAPERS.
1728.
Oct. 17.
Whitehall.
Oct. 18.
Oct. 18.
Windsor
Castle.
421. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, by Tuesday next, Excise Act of Barbados,
1728, with amendments offered by Council. [C.O. 29, 15.
p. 97.]
422. Mr. Fane to the, Council of Trade and Plantations.
Reply to preceding. The proposed amendments " are extreamly
expedient and proper, etc., being entirely calculated to make
this bill both in form and substance exactly agreable with the
former bills of this kind pass'd in the said Island, and also to
prevent what might be deem'd an encroachment upon the
prerogative of the Crown as to the manner of issuing and
applying the money given by this bill." Signed, Fran. Fane.
Endorsed, Reed. 21st, Read 22nd Oct., 1728. f p. [C.O.
28, 20. ff. 31, 82u].
423. Duke of Newcastle to the Council of Trade and
Plantations. Encloses following. Continues : This so nearly
concerns the Trade and Navigation of H.M. Dominions, the
promoting of which is what the King has most at heart, that
H.M. would have you take it into your most serious con-
sideration, and propose such methods as shall appear to you
most proper for the putting an end to the abuses and disorders
mentioned by Lord Vere, and for encouraging and improving
so considerable a branch of the British commerce : and as
you will find that it's present obstruction is chiefly imputed
to the Garrison, H.M. would have you lay before him your
opinion how far the keeping one there is necessary or usefull
for the protection of H.M. subjects, and the preservation of
that settlement. Signed, Holies Newcastle. Endorsed, Reed.
19th, Read 22nd Oct., 1728. 1| pp. Enclosed,
423. i. Commodore Lord Vere Beauclerk to Mr. Burchett.
Kinsale in St. Johns, 19th Aug., 1728. Pursuant to
directions, I ordered the Squirrel to St. Johns and went
myself to Placentia, where I arrived the 16th July.
Upon complaints of the Admirals of the harbour of
several grievances and oppressions the Fishery of that
place lay under, I ordered a Court to be held on 22nd
July, in order to settle everything in the best manner
I could, but I soon found my power was not extensive
enough to redress what they chiefly complained of,
the fort and garrison which was intended for their
security being the sole cause of most of the hardships
they suffered. Their first complaint was that every
year upon their arrival they found the greatest part of
their houses and stages broke down, and the materials
lost, that instead of being able to go immediately to
fish, three weeks or a month was always taken up
to put themselves into a condition. Papers had
AMERICA AND WEST INDIES. 221
1728.
been put up several years following, promising rewards
to any would inform against the aggressors, but they
could never gain any certain accounts. I examined
several of the inhabitants who had staid there during
the winter seasons, they could none of them deny its
being true that the houses and stages were demolished
and pull'd down for ihe sake of the timber, but I
could not fix it on any particular persons, the planters
laying it on the soldiers and they on the planters, it
plainly appeared by circumstances that both were
concerned, and for that reason I could not punish the
planters, not knowing what share of damage to impute
to them, not having a power to levy a fine upon the
garrison, which is the usual and only reparation can
be had and what is practised in all the other parts
of Newfoundland. Their other complaint was that
they were deprived of the greatest and best part of
the Beach which is that within the harbour and by
persons who had no right to it. I therefore sum-
moned all those who had any stage or beach to produce
their titles, upon examination I found the Govr. of
the garrison laid claim to most of the rooms and stages
within the harbour, and to several without, but how
or upon what grounds I really can't say, for when he
was summon'd he refus'd coming to the Court, excusing
himself by saying Govr. Philips had given him positive
orders not to obey any summons or in any manner
appear himself or suffer those under him to appear
at the Court, by which means the taverns and publick
houses being most of them kept by some of his Garrison,
being under his protection, do as they please, and the
preventing disorders and riots is impossible. Several
complaints were brought against the Governor for
detaining plantations that belonged to others, having
seized some in the absence of the owners, imagining
they would not have return'd again, and others upon
pretence of debts due to him from them, but as he
would never settle the accounts nor prove the debts,
tho' earnestly desired by the party's concerned, I
can't help concluding he possesses them very unjustly.
As these stages and rooms which he calls his own are
within the harbour ; and so much more commodious
than those without, which are liable with the least
bad weather to have so great a surf as not to be able
to land or wash their fish, and very often damages
great quantities of it, the masters of the ships hire
them every year for so much, but as I find by the
copys of Capt. St. Lo's papers which you did me the
favour to send me, that their Lops, have had a plan
222 COLONIAL PAPERS.
1728.
of the Beach and a particular accot. from him what
the stages and rooms were let for last year, I will not
trouble you again with it etc. As I could get no
certain accot., it was impossible for me to settle who
had a right to the plantations and who not, and
was obliged to leave it in almost as much confusion
as I found it, and here I must beg leave to observe
the great disorders and irregularitys this must occasion,
and the detriment it must be to the Fishery, for
Placentia is allowed by everybody to be the most
commodious harbour and the finest beach in the
world ; when the French had it 100,000 quintals of
fish has been seen at one time upon it, whereas 50
has been the utmost we have ever made ; several
planters would undoubtedly settle there did they
not hear of the oppressions others have met with,
which has obliged them to quit the place, and more
ships would most certainly go thither to fish, could
they have convenient rooms and stages without
paying for them, but instead of that, before the
arrival of the man of war, they are threatned and
intimidated into a complyance of whatever is requir'd
of them, the Adml's. powers are contemn'd, their
Court represented as ridiculous and invalid, and of
course no justice to be had, but this has been already
represented by petitions from the masters of ships
and other methods etc. Although I could not settle
anything in the order it ought to be, I endeavoured
to do all I could, and as I found the regard to the
fishing Admls. powers so mightily diminished as
made me justly apprehend orders from them would
be but negligently obey'd, I therefore gave out in my
own name such as I found absolutely necessary
(copies enclosed), and have enter'd them into a book,
which I have left sealed up with one of the principal
inhabitants, to be delivered to the next officer that
shall come after me, that he may know what I did,
and my reasons for so doing. If such a register had
been kept ever since we have had possession of the
place, it would not be so difficult to decide every one's
property, which really as things were I could not
pretend to do without running the risque of doing
injustice. I found disputes had been very differently
determined, sometimes according to the law and
customs were in force in the French's time, and some-
times according to those observed in the other parts
of Newfoundland, for no new Act having passed since
the acquisition of the place, and no certain rule
prescribed by the Heads of Enquiry, every one has
AMERICA AND WEST INDIES. 223
1728.
decided as he thought proper etc. I beg to submit
it to their Lops, whether it will be possible to remove
all the discouragements the Fishery meets with and
make it not lyable to future oppressions, if the
garrison continues upon the foot it now is, and not
answerable to any but in England for their behaviour
etc. I arrived here (i.e. St. Johns) the 1st instant
and found Capt. Osborn had been arrived 14 days.
I flatter'd myself that as there was no garrison here
to terrify or interfere, I should find a stricter obedience
to the laws and regulations that had been made for
the government of the place, and that the proper
regard was shew'd to the authority vested by the law
in the fishing Admls., but on the contrary I find that
thro' the ignorance of some and negligence of more
for some years past, they have been so slighted, that
unless the Capts. of the men of war are present to
assist and countenance them at their Courts their
meetings would be nothing but confusion, and their
orders of no use, which is the reason we are obliged
to usurp a power, which I apprehend does not properly
belong to us, of publishing orders in our own names
to prevent as much as we can the threats the rioting
and disorders, which, to the great detriment of the
Fishery are generally practised in our absence : The
great misfortune, and which I think is the origine of
all the rest, is, that nobody in the winter season is
empower'd to keep peace and administer justice,
that the sober and industrious are every day lyable
to be insulted and robbed by the idle and profligate
unless they can oppose them with greater force. In
the Heads of Enquiry there is an article which directs
the names of the persons to be returned them who
administered justice during the laste winter, but I
can't find that we are anywhere authoriz'd to empower
proper persons upon our leaving the country, which
is so well known by everybody that were we to pretend
to appoint any, not the least regard would be shown
them. There is a greater plenty of fish this year in
all places than has been these 15 years ; their only
complaint is want of ships to carry it away, etc.
Signed, Vere Beauclerk. Copy. 7$ pp. [C.O. 194,
8. ff. 173-177i;., 178u.]
Oct. 18. 424. Duke of Newcastle to Governor Philipps. H.M. has
Windsor commanded me to send you a copy of preceding letter, and to
signify to you that you forthwith give me in writing, to be
laid before H.M., an account of what orders you have at any
4 COLONIAL PAPERS.
1728.
time given to the Lt. Governor, or to any other Officer there,
and of what may have come to your knowledge concerning the
facts mentioned by Lord Vere etc. Signed, Holies Newcastle.
Annexed,
424. i. Copy of Lord Vere's letter preceding. [C.O. 324, 36.
pp. 88-97.]
Oct. 18. 425. Duke of Newcastle to the Council of Trade and
Windsor Plantations. H.M. having been pleased to appoint Woodes
Rogers Esqr. to be Governor of the Bahama Islands, you are
to prepare a Commission and Instructions for him etc. Signed,
Holies Newcastle. Endorsed, Reed. 19th, Read 22nd Oct.,
1728. | p. [C.O. 23, 2. ff. 176, 177i;.]
Oct. 23. 426. Council of Trade and Plantations to Governor Burnet.
Whitehall. Enclose warrant for use of new Seal of the Massachusets Bay,
and direct him to return the old, etc. v. 14th Aug. [C.O. 5,
916. p. 174.]
Oct. 23. 427. Same to the Duke of Newcastle. Enclose following
Whitehall, to be laid before H.M. " It is for H.M. service that his Royal
pleasure upon this matter should be signifyed as soon as
possible " etc. Annexed,
427. i. Same to the King. Representation on the draught of
the Excise Act prepared by the Assembly of Barbados,
1728 : " To which several amendments have been
offered by your Majesty's Council there, and not
agreed to by the Assembly, who insist against
admitting any amendments to the bill notwithstanding
the many extraordinary clauses therein contained,
more particularly the two following relating to utensils
and repairs of the Magazines," quoted. Continue :
Whence it appears that the Assembly would deprive
the Governor of the power given him by your Majesty
to sign warrants for the issuing of moneys without
their approbation first particularly obtain'd for that
purpose, contrary to the constant usage of that
Island, and of all other your Majesty's Colonies.
Wherefore etc., finding many things therein derogatory
to your Majesty's prerogative and contrary to several
of your Royal Instructions to your Governor there,
for his conduct in the issuing of money and the passing
of bills, we thought it our duty to lay these proceedings
before your Majesty, that you may be pleased to
declare your Royal disapprobation thereof, to dis-
courage the like attempts for the future. [C.O. 29,
15. pp. 98-102 ; and (covering letter only, with
autograph signatures) 28, 39. No. 46.]
AMERICA AND WEST INDIES.
225
1728.
Oct. 23.
Whitehall.
Oct. 26.
Boston.
428. Same to Governor Worsley. Acknowledge letters etc.
of 20th July and 14th Aug. Continue : We have perused the
Excise bill, as it was prepared by the Assembly, and have
considered the several amendments proposed to be made to
it by H.M. Council, which seem to be for the most part just
and reasonable, and we are of opinion, that you cannot give
your consent to a bill conceived in such terms without injuring
the King's prerogative, and breaking thro' several of your
Instructions. As H.M. service is very much concerned in the
event of this affaire, we were willing to give you our thoughts
upon it as early as might be, and we shall take the first oppor-
tunity of laying a state thereof before the King and so soon
as H.M. shall have signifyed his pleasure thereon, we shall
communicate the same to you. [C.O. 29, 15. pp. 102, 103.]
429. Governor Burnet to the Council of Trade and
Plantations. I now send to your Lordships the votes of the
Assembly published since my last of the 30th of Sept. in which
your Lordships will observe that I endeavoured to bring them
out of their inactive state by my speech of the 1st of October,
of which they would of themselves take no notice, and when
on the 5th the Council proposed to them to join in considering
it, the House put it off to the 23rd, and when they met on that
day they refused to join with the Council, and on the 24th
they made me an answer by themselves, which is not only a
refusal of the thing proposed in my last speech, but likewise a
persisting in disregarding H.M. 23rd Instruction about fixing
a salary. Upon this I thought it proper to do what I had for
a week before told them in private discourse that I would do
unless they would prevent it by a complyance, and that is I
have adjourned the General Court to Salem, a town about
20 miles from hence to meet on the 31st inst. My reasons for
doing it are these. Because this town of Boston has shewn
their disrespect and undutifullness to H.M. by calling a general
town meeting of all the freemen of this town, in which they
unanimously gave instructions to their members to vote against
fixing a salary on the Governour. This was first done in this
town, and has been followed by some towns in the Province,
3 or 4 of them have done the same with Boston but others
have had the prudence to decline giving any instructions
but have left it to their members. This attempt of which
Boston set the example is of so dangerous a nature to the
Constitution if it should be drawn into precedent, and has
been so maliciously employed at this time, that I thought it
necessary for the Government to shew its resentment upon it.
Because the people of the town are continually endeavouring to
pervert the minds of the Members that come from the Country,
who it is to be hoped will not be so much tampered with in the
Country and particularly at Salem, where I am informed the
C.P.XXXVI is
226 COLONIAL PAPERS.
1728.
people are generally well inclined, as the Members for that place
are. Because the whole profit of the meeting of the Assembly
is confined to the town of Boston who deserve so ill at the
hands of the Government ; and therefore their interest leads
them to keep the Assembly together as long as they can for
the benefit of the town ; which has often been the occasion
of many tedious and needless Sessions. And as I believe it
will be acceptable to the country to have the expences of the
General Court circulate through the principal towns of the
Province, which is the method I intend to pursue, till I have
orders from your Lordships which I earnestly intreat that I
may have by the first vessel that will sail for this place in the
Spring, which will be in February next. I would now beg
leave to propose to your Lordships two expedients that I
humbly apprehend will be necessary to bring this people to
reason and their duty, and without which I fear that H.M.
authority here will be treated with very little respect. First
I hope your Lordships will think fit to move H.M. for a dis-
allowance of the Act for raising and settling a Public Revenue
for and towards defraying the necessary charges of this Govern-
ment by an emission of sixty thousand pounds in bills of credit
on this Province, but at the same time because it will create a
good deal of confusion if this disallowance should be final I
hope your Lordships will move at the same time for leave to
re-enact the whole substance of the Act, providing the interest
of four per cent, be therein applyed to the salary of the
Governour for the time being, so that it may be issued for
that purpose by warrants from the Governour in Council, as
it comes in to the Treasury. The second thing I humbly propose
is, that your Lordships would be pleased to lay before H.M.
the whole conduct of the Assembly not only in refusing to
comply with H.M. 23rd Instruction, but likewise in having the
confidence to charge H.M. with giving an Instruction that has
a direct tendency to weaken if not to destroy their happy consti-
tution (pag. 32 and 52 of their votes), an Instruction that is
in prejudice of the rights and libertys of the inhabitants of this
Province (pag. 49), an Instruction with which a complyance
might justly be deemed a betraying the rights and priviledges
granted in the Charter (pag. 66), and a bearing on their priviledges
(pag. 80), and is concluded by the house to tend very much to the
hurt of the people of this Province (pag. 103). This I conceive
to be a charge of a very high and daring nature, and if it is not
resented at home, will render the Assembly here insufferabty
arrogant. And since H.M. has threatened them with the
consideration of the Legislature in what manner the honour and
dignity of His Government ought to be supported in case they
shall not pay an immediate regard to His Royal Will and Pleasure,
and now that they have not only refused to do this, but have
made such daring reflections on H.M. upon account of this
AMERICA AND WEST INDIES.
227
1728.
Oct. 26.
Boston
Instruction I humbly submit it to your Lordships if it is not
absolutely necessary, that H.M. be moved to lay the matter
before His Parliament, that they may see how H.M. has been
treated by this Assembly, and that the two Houses may have
an opportunity thereupon of assuring H.M. of their sense of
the undutifull behaviour of this Colony, in pretending without
any ground that His Instruction is any way contrary to the
Charter granted by King William and of their readiness in
assisting H.M. to secure the dependance of this province on
the Crown in case they do not comply with His Instruction,
and express their acknowledgments of their undutifull behaviour,
before the following Sessions of Parliament. This my Lords
will be no final decision against their Charter, but will give
them just apprehensions of loosing it, if they continue refractory
and I beleive nothing less then this will be sufficient to bring
them to a true sense of their duty. I must therefore humbly
beg your Lordships to give all possible dispatch to their affair
as being brought to a crisis, which must inevitably end in
preserving or loosing H.M. prerogative in this place ; and in
the meantime tho I have little hopes of succeeding with the
Assembly ; yet I am determined to keep them sitting till I
have your Lordships commands ; that the Country may have
the full experience of the vast charge that their obstinacy
brings upon them etc. Encloses following and awaits the
Board's decisive commands in the Spring etc. P.S. He is in-
formed that the acts have been transmitted etc. Signed, W.
Burnet. Endorsed, Reed. 10th, Read llth Dec., 1728. 7 pp.
Enclosed,
429. i. Resolutions of a meeting of Freeholders at Boston,
Sept. 30, 1728 that (i) that they would not have a
salary settled upon a Governor for the time being,
nor (ii) on the present Governor for a limited time.
Signed, Samll. Checkley, Town Clerk. Endorsed as
preceding. [C.O. 5, 870. ff. 135-139U.]
430. Governor Burnet to the Duke of Newcastle. Encloses
duplicate of Sept. 13th. Continues : Since which I have
received two Additional Instructions (18th June) ; I have
ordered the directions about the manner of praying for
the Royal Family to be published etc. I must now beg leave
to apply to your Grace for redress against the Assembly here,
who have not only refused to comply with H.M. Instruction
about fixing a salary, but have had the assurance to charge
H.M. with an attempt therein to break the priviledges granted
to them in their charter. Refers to enclosed duplicates of letters
to Board of Trade for proposed expedients to bring them to reason
etc. Prays that the matter " may be laid before H.M. as soon
as possible, and that if it is thought proper a resolution of
Parliament may be obtained in order to convince this people
228
1728.
Oct. 26.
Boston.
Oct. 26.
Boston.
COLONIAL PAPERS.
that their daring attempts will not be countenanced there, as
they pretend to hope. I continue the Assembly sitting in full
expectation of decisive commands from your Grace, by the
first vessel that will sail from London in February next, without
which I have little reason to expect any regard from them to
H.M. Instruction. I hope your Grace will excuse my being
so importunate, since it is a matter in which H.M. authority,
and prerogative is so nearly concerned, and in supporting which
I hope my zeal will be approved by your Grace." Signed, W.
Burnet. Endorsed, R. 10th Dec. 2 pp. Enclosed,
430. i iii. Duplicates of Nos. 387, 404, 429. [C.O. 5, 898.
Nos. 46, 46 i-iii.]
431 . Governor Burnet to Mr. Delafaye. Refers to preceding.
Concludes : I hope for your friendship in getting this affair
forwarded with all possible dispatch, till which time this
Government is of no profit, and has no authority. Signed and
endorsed as preceding. 1 p. [C.O. 5, 898. No. 47.]
432. Same to Mr. Popple. Will send duplicates of his letters
to the Board, Sept. 13, 30th and Oct. 26, by the next vessel etc.
Signed, W. Burnet. Endorsed, Reed. 10th, Read llth Dec.,
1728. Holograph. 1 p. [C.O. 5, 870. ff. 140,
Oct. 28.
Barbados.
Oct. 28.
Barbados.
433. Governor Worsley to the Duke of Newcastle. Refers
to proposed dissolution of Assembly v. 12th Oct. Continues :
But not finding any disposition in the people here, to act
otherwise than they had hitherto done, and that a new election
might occasion greater confusion in the countrey, I did not
think it proper to dissolve them, neither shall I, till I have the
honor of H.M. commands upon what they have already done,
from whence only, I can expect, considering the present
situation of affairs here, any alteration in their conduct, and
therefore I prorogued them to the 12th of the next month,
when I propose to let them sit, for as the duties upon wine are
the chief support of this Government, and as they generally
come in about Christmas, in case a proper expedient could be
found out, by which those duties may be paid, tho' the money
not disposed of, till H.M. pleasure should be known, a consider-
able summ of money may be saved for the service of this
Governmt. Signed, Henry Worsley. Endorsed, R. 7 Janry.
2 pp. [C.O. 28, 44. No. 128.]
434. Same to the Council of Trade and Plantations.
Duplicate of preceding, mutatis mutandis. Signed, Henry
Worsley. Endorsed, Read 20th May, 1729. 2 pp. [C.O. 28,
20. ff. 105, I05v, 106i>.]
AMERICA AND WEST INDIES.
1728.
Oct. 29.
Coleniiin
Street.
435. Mr. De la Fontaine to Mr. Popple. Encloses following.
Continues : By the encouragement wee now have from abroad,
wee could engage allmost for any number. Those wee trans-
ported to Pensilvania wrote to their friends allways to prefer
Mr. Missing's ships etc. Signed, Benja. de la Fontaine.
Endorsed, Reed. 28th Oct., 1728, Read 16th July, 1729.
Addressed. | p. Enclosed,
4-35. i. Thomas Missing to the Council of Trade and Plan-
tations. His agents in Holland etc. assure him that
very great numbers of Protestant Palatine families
are willing to be transported by him to S. Carolina
as soon as the encouragement to be given them is
fixed etc. I p. [C.O. 5, 360. .//". 163, 164, 166*;.]
Oct. 30.
St. Johns,
Newf land.
436. Mr. Keen to Mr. Popple. Refers to letter of Oct. 3.
Continues : I was desired by the Ld. Vere Beauclerk to
acquaint their Ldshps. of anything happening after his leaving
etc., since which divers ill actions and thefts has been com-
mitted, insomuch that wee have scarce anything that wee can
well call our own, our sheep and the produce of our gardens
are stole from us, and for want of propper authority the
ofenders altho convicted go unpunished. Prays that persons
to administer justice during the winter may be appointed.
Continues : The trade of Newfland suffers much in relation
to the culling of fish (that is seperating what is merchantable
from the refuse) many ignorant men taking bad for good which
when at a market turns out rotten and black, and others refusing
all but the flour, which is unjust and its not to be prevented
unless as in all other the Plantations there be sworn searchers
or cullers appointed, the charge of a penny a quentall to be
paid by the seller and buyer, which would infallibly prevent
all the frauds now committed and our fish regain its credit in
forreign markets, and here are at all times men sufficient that
would gladly be imployed in that servis etc. Signed, W. Keen.
Endorsed, Read 19th Dec., 1728. If pp. [C.O., 194, 8. ff.
185, 185i;., 186z;.]
Oct. 30.
St. Johns,
Newf'land.
437. Same to same. Begins as preceding. Continues :
Since the beforegoing I have returnd me my Lord Vere Beau-
clerk's order directed to the Admls. of Renuse, (enclosed), the
persons directed to have no't only denyd the obeying the sd.
order but us'd vile and oprobrious language, and persist in
doing the most unwarrantable and unlawful actions, as indeed
has been the frequent customs of the Admils. of the outports,
being men generally as ignorant as insolent etc. In behalf of
the distrest inhabitants I begg leave to lay before their Ldspps.
the necessity there is of haveing their greivances redrest. I have
resided here a merchant upwards of 20 years, and am perfectly
230 COLONIAL PAPERS.
1728.
acquainted with the nature and trade of this country and am
very well assured that the decrease of the trade is chiefly oweing
to the want of due administration of justice etc. Offers his
services. Signed, W. Keen. Endorsed as preceding. 2 pp.
Enclosed,
437. i. (a) Commodore Lord Vere Beauclerk to the Admirals
of Renouse. Kinsale. 12th Sept., 1728. Whereas
I find you have pulled down a cook-room and removed
land-marks belonging to John Jenkins, notwith-
standing he produced proof of his undoubted right
to the said plantation, you are hereby directed to
make him immediate satisfaction etc.
(b) Same to Same. 4th Oct. Whereas I find that
you have had the insolence to disobey above order,
I have ordered Mr. Jenkins to acquaint Mr. Keen,
if you do not immediately make him satisfaction,
who upon my desire will represent your disobedience
to the Lords Commrs. of Trade etc. (Benjamin Jolley,
Adml.) Copy. If pp.
437. ii. Mr. Jenkins to Mr. Keen. Renouse. Oct. 21st,
1728. The Admirals made slight of my Lord Vere's
order etc., and say they will answer to the Lords
Commissioners for what they have done, and that the
Lieuts. comes along shore only to get money but not
to do justice etc. Signed, John Jenkins. Witnessed
by, R. Rowes, his mark, Ester Rowes, John Chappell.
Endorsed, Read 19th Dec., 1728. 1 p. [C.O. 194, 8.
ff. 187-189, 190,
Oct. 30. 438. Lt. Governor Pitt to the Duke of Newcastle. I
Bermuda, arrived at the Bermuda Islands the 2nd of Sept. last and upon
my arrivall found the cuntry had been much damnified, by a
violent hurricane, which has by many ways and means reduced
this cuntry to great scarcity etc. Upon my inspecting into
the state of the administration of Justice, I found it attended
with many inconveniencys, and as many delays, by reason
of the accumulation of offices, on some persons, and many of
them incongruous to each other ; as the judges of the common
pleas ; being Councillers and some of them allso justices of
the Peace, which greviances appearing to me in the infancy
of my government, as I may presume to say, did require an
imediate alteration, by constituting judges not Councillers,
and supplying the -place of Justices, in the room of the
Councillers, who before acted in a triple capacity etc. I have
appointed Coll. W T illiam Outterbridge Cheife Justice, whose
abilitys and good intentions, to promote peace and neighbourly
concord, are well known throughout the whole country, etc.
Refers to a letter he has written to Mr. Delafaye. v. 30th Nov.
Signed, John Pitt. Feb. 14th. 1 p. [C.O. 37, 29. No. 1.]
AMERICA AND WEST INDIES.
231
1728.
Nov. 1.
St. James's.
Nov. 1.
439. Order of King in Council. Ordered, upon a memorial
from the Lords Commissioners of the Admiralty, that warrants
be prepared for commissions to pass under the Great Seal for
trying all such pyrates, as are, or shall be taken in any of H.M.
Plantations, according to the sevll. acts of Parliament in that
behalf. The Lords Commissioners for Trade and Plantations
are forthwith to present to H.M. at this Board, the names of
such persons as they shall think proper for executing the said
Commissions, and which of the Plantations may be fitly compre-
hended within each Commission ; and likewise whatever they
shall think necessary for the effectual performance of the said
Commissions. Signed, Temple Stanyan. Endorsed, Reed. 1st,
Read 6th Nov., 1728. 1 p. [C.O. 323, 8. Wo. 93.]
440. Governor Philipps to the Duke of Newcastle. In
reply to orders of 18th Nov. encloses copies of his proceedings
with the Lt. Gov. and Garrison of Placentia in relation to the
Fishery, " which will I hope be found plain evidence, that
the orders I gave were literally agreeable with my Instructions,
and not such as that gentleman falsly alledg'd to excuse his
appearance, when call'd to be examined, for it will appear
demonstrably that upon that occasion in his answer to Lord
Vere he must have wrested the words of the order (which forbid
his medling with the Fishery in any manner whatsoever) to
colour his refusal to appear at that Court which he was conscious
wou'd enquire into facts that he cou'd not justify " etc. Has
no knowledge of the facts except by common report, no com-
plaint having been made to him etc. Continues : Nevertheless
being jealous of the Lieut. Governour's conduct, in that
particular from what had been reported, I gave a deputation
to the Major of the Regiment to go to Placentia and to enquire
into the state of the affairs between the Garrison and the
Fishery, which happen'd at the time when Lord Muskery was
in the Harbour to whom the said Commission was communi-
cated, when the planters and masters of vessells being call'd
together according to my directions, and the Articles of Enquiry
read to them (the Lieut. Govr. present) they were all silent,
but whether thro' fear or the want of just reason of complaint
I cannot determine etc. Upon the delivering up of Placentia
the French proprietors had leave to dispose of their effects,
which the former Lieut. Govr. pretended to have bought, and
when reed, convey'd his right to the present Lieut. Govr., by
which he now claims those beaches and fishing rooms, whether
this be not a breach of orders in both is submitted to H.M.
It is to be wish'd that as the disposition of that garrison has
been so much chang'd since the establishment was made for a
Lieut. Govr. as to be reduc'd from five companys to one (which
is not a proper command for such an officer), that the Lieut.
Govr. might be remov'd to Canso where the other four companys
232
COLONIAL PAPERS.
1728.
Nov. 4.
N.
Providence
are posted, or otherwise dispos'd of as H.M. shall think fit, by
which removal the Fishery at Placentia will be freed from any
future disturbance. Signed, R. Philipps. 3 pp. Enclosed,
440. i. Copies of Governor Philipps' orders to Lt. Govr.
Gledhill, 4th May, 1720, and 18th July, 1722, and
commission to Major Cosby, 18th July, 1722, to hold
an enquiry etc., referred to in preceding. 4 pp.
[C.O. 217, 38. Nos. 21, 21 i.]
441. Governor Phenney to the Council of Trade and
Plantations. Acknowledges letter of 31st Aug. 1727, and
thanks for their recommendation for stores of war mentioned
in letter of 15th May. Continues : Walpole Fort which I am
building at the East entrance of the harbour I hope will be
finish'd with God's blessing in about six months, but I shall
not be able to mount any cannon till I get a supply of carriages.
By a letter from the Assiento Factor at the Havana I am
inform'd that on the 9th Sept. the Spaniards publish'd a truce
for seven years establishing the Assiento according to it's
contract, and hope our small vessels may reap the benefit of
these islands, with more security than they have done for some
time past. P.S. By the Guardland, Capt. Anson. The Naval
Officer being out of the way, I am oblig'd to defer the last
quarter's Customhouse papers etc. Signed, G. Phenney.
Endorsed, Reed. 16th Feb., Read 1st May, 1729. 2 pp. [C.O.
23, 2. ff. 186, 186., 187i>.]
442. Governor Phenney to the Duke of Newcastle. Signed,
G. Phenney. \\pp. Enclosed,
442, i, ii. List of ships entered and cleared at N. Providence,
24th March 25th June, 1728. Inwards, 6 ; Out-
wards, 8 (with rum, fruit, turtle and whale oil), to
S. Carolina (4), N. York (1). Bermuda (2), Jamaica
(1). Signed, Jno. Warner, Naval Officer. 4 pp.
442. iii. Answers to Queries of the Board of Trade, 1728.
As before. Negroes imported, 1728, 6. 9f pp.
[C.O. 23, 14. ff. 60, 60i>., 61*;., 62*;., 63, 64t>., 65,
66-70i;.]
Nov. 6. 443. Order of King in Council. Approving representation
st. James's No. 449, and ordering the names of persons contained in said
report to be inserted in the commissions for trying pirates,
with a specification of the particular Plantations represented
by the said report as proper to be comprehended in each com-
mission. Signed, Temple Stanyan. Endorsed, Reed. 13th,
Read 20th Nov., 1728. 1 p. [C.O. 323, 8. No. 95.]
Nov. 6. 444. Order of King in Council. Referring following to the
St. James's. Council of Trade and Plantations, who are " to consider thereof,
and lay before H.M. such methods as will be most effectual to
Nov. 4.
N.
Providence.
AMERICA AND WEST INDIES.
23:3
1728.
prevent the destruction of the woods in those parts and also
their opinion of the necessity and utility of building a fort at
Casco Bay as is proposed." Signed, Temple Stan van.
Endorsed, Reed. 9th, Read 26th Nov., 1728. l pp. Enclosed,
444. i. Lords Commissioners of the Admiralty to the Duke
of Newcastle. Admiralty Office. 4th Oct. 1728.
Enclose following, " that you may be informed of the
great difficulties found in procuring masts in those
parts for the use of the Navy, occasioned by the want
of due care to preserve the woods " etc. Signed,
Jo. Cockburn, Jno. Norris, Cha. Wager. Copy. 1 p.
444. ii. Commissioners of the Navy to Mr. Burchett.
Navy Office. 2nd Oct., 1728. Enclose following. 5
signatures. Copy. 1 p.
444. iii. Ralph Gulston, Contractor for supplying H.M. Navy
with New England masts, to the Commissioners of
the Navy. 2nd Oct., 1728. Represents that it being
impracticable to get masts in New Hampshire by
reason of the great waste of white pine trees of late
years, he was obliged to send a number of men, cattle,
and materials along the coast further eastward to
procure them ; but that, for want of a fort at Casco
Bay to protect his people, they are very much exposed
to the Indians, who have already once annoyed and
driven them from their work etc. Apprehension of the
Indians is the chief occasion of that part of the country
being so thin peopled etc. A fort would encourage
inhabitants and not cost more than 500 sterl. etc.
Copy. 1| pp. [C.O. 5, 870. ff. 127-128, 129, 130,
180v.,
Nov. 6. 445. Order of King in Council. Referring to Committee
st. James's, representation of 23rd Oct. and draft of excise bill of Barbados.
Signed, Temple Stanyan. Endorsed, Reed. 12th, Read 20th
Nov. 1728. f p. [C.O. 28, 20. ff. 72, 78u.]
Nov. 6. 446. Lt. Governor Gooch to the Council of Trade and
Virginia. Plantations. The time being now expired wherein his late
Majesty was pleased to exempt the inhabitants of the two
frontier Counties of Brunswick and Spotsilvania from the
payment of quit rents ; there appear very great difficulties
in forming the rent roll of those counties occasioned by some
former resolutions in the time of Governor Drysdale's adminis-
tration, and upon which no positive directions have yet been
received from your Lordships. For I find in the Minutes of
Council of the 23rd of Aprill 1724 an order to the Officers of
the Revenue not to demand either the rights or quit rents for
lands granted in those counties from their first erection to that
time, lest the acceptance of such payments should be construed
COLONIAL PAPERS.
1728.
an allowance and approbation of some large grants of land,
which were then judged to be made contrary to H.M. intentions.
According to this resolution I find that the officers of the
Revenue have hitherto made no demand of the quit rents for
any of those great tracts of land, which have been held by the
patentees for six or seven years past, and that they have even
thought themselves obliged to refuse the quit rents of such
lands when tendered by the present possessors ; to which they
have been the rather determined by a paragraph in your
Lordships letter to Mr. Drysdale of the 30th of June 1726,
wherein your Lordships are pleased to intimate that as Col.
Spotswood had petitioned H.M. upon the subject of those
grants, you were willing to wait some time before you signified
your thoughts upon that matter. This being the last intimation
received from your Lordships on this subject, I thought fit,
taking the advice of the Council, to wait your Lordships further
pleasure before any demand be made for those quit rents. I
shal not take upon me to offer my own sentiments in an affair
which has been so long under the consideration of your Lord-
ships, and wherein I understand the King's Council have been
consulted in point of law ; But I shal beg leave to say that tho'
the persons who first took up those large tracts of land upon the
supposition that the King would grant all that the Assembly
petitioned for, were in the wrong to proceed so far without
H.M. approbation ; yet I am credibly informed that without
taking up those large tracts upon which great improvements
were necessary to be made, those counties would not have been
settled so speedily as they have been, and much of that land
which has been seated in small parcells would in all probability
have remained to this day desolate, as may be seen in the
County of Brunswick, which having but few great tracts of
land taken up in it by men of substance, hath advanced very
little in the number of its inhabitants in proportion to the other
county Spotsilvania where the greatest tracts have been granted
and possessed, and thereby given encouragement to the meaner
sort of people to seat themselves as it were under the shade
and protection of the greater. By this method of reasoning I
am led to think that there is some favour due to those who
have thus adventured to promote the settlement of those new
frontiers : but whether H.M. will think fit to extend his bounty
to them in easing them of paying for their rights, which still
remain unsatisfied, or in any other exemption in respect to
their quit rents must depend on what your Lordships shall
think proper to represent to H.M. in their favour : though I
must beg leave to offer my opinion, that the discharging them
from the payment of the rights would be the most reasonable,
as it puts them on the equal foot with the rest of the inhabitants
of those counties who have lesser portions of land ; and the
payment of their quit rents only from the time of their grants
AMERICA AM) \VKST INDIES.
1 728.
Nov. 6.
St. James's.
Nov. 6.
St. James's.
Nov. 6.
Whitehall.
Nov. 6.
Whitehall.
would ballance the advantage they have had over others in
taking up those great tracts, when these have been confined to
one thousand acres exempt from both payments. There is
one consideration more which weighs much with me and makes
me wish that some indulgence may be allowed in the matter
of the rights, and that is, to prevent abundance of law suits
which will arise on the bonds taken for those rights, which
however they may be determined, cannot but create discontents
and murmurings where so many people's interests are con-
cerned. And if Col. Spotswood in regard to the great expence
he has been at on his settlement, and the misfortunes attending
his undertakings ever since, has the good luck to receive any
particular mark of H.M. favour, your Lordships will give me
leave to hope that the same bounty will be extended to the
other patentees, who have also laid out considerable sums in
seating and improving their several tracts. I have to add that
whatever H.M. pleasure may be in this matter, I beg of your
Lordships a speedy signification thereof, that the officers of
the Revenue may no longer remain in suspence, and that the
people may know what they have to expect. I shal not trouble
your Lordships with any other affairs relating to this Govern-
ment, until I have an opportunity to send the Journals of the
Council, this being intended for an outport ship, and I presume
but an uncertain conveyance. Signed, William Gooch.
Endorsed, Reed. 2nd April, Read 16th May, 1729. Holograph.
2| pp. [C.O. 5, 1321. ff. 106-107i;.]
447. Order of King in Council. Approving representation
of Board of Trade, and ordering that a draught of a
publick seal for Nova Scotia be prepared etc. Signed, Temple
Stanyan. Endorsed, Reed. 14th, Read 26th Nov., 1728. f p.
[C.O. 217, 5. ff. 95, 96u.]
448. Order of King in Council. Approving draught of
additional Instruction for Governor Hunter, concerning Col.
Lilly's salary. Signed, Temple Stanyan. Endorsed, Reed.,
Read 13th Nov., 1728. f p. [C.O. 137, 17. ff. 80, Slv.]
449. Council of Trade and Plantations to the King. In
obedience to Order of 1st Nov., present names of persons in the
several Colonies proper to be inserted in the new Commission
for trying pirates in the Plantations. Printed, N. J. Archives,
1st ser. V, 196. [C.O. 324, 11. pp. 111-133.]
450. Same to the Duke of Newcastle. Enclose extract of
Governor Worsley's letter, 20th July, with Capt. Morris'
deposition, relating to the capture of a merchant ship by a
Spanish privateer since the cessation of arms, in order to their
being laid before H.M. Enclose list of losses suffered by H.M.
230
COLONIAL PAPERS.
1728.
subjects from the Spaniards, " which have come to our hands
since our Representation of June 20th. Autograph signatures.
1 p. Enclosed,
450. i. Extract from Governor Worsley's letter, 20th July.
450. ii, iii. Depositions as to seizure of the Dolphin. Copies
of 20th July enc, i, ii. [C.O. 28, 39. Nos. 47, 47 i,
ii ; and 389, 28. pp. 363-365 ; and (without
enclosures) 29, 15. p. 104.]
Nov. 6. 451. Order of Lords Justices in Council. Repealing Act
st. James's. o f N e w York for preventing prosecutions by informations, in
accordance with representation of Board of Trade. Signed,
Temple Stanyan. Endorsed, Reed., Read 13th Nov, 1728.
1| pp. [C.O. 5, 1054. ff. 290, 290z;., 291t;.]
Nov. 7.
Jam.
Nov. 8.
Barbadoes.
452. Governor Hunter to Mr. Stanyan. Abstract. " I have
not had the pleasure of any of your commands tho' I have begg'd
hard for them " etc. The Assembly, further prorogu'd to 22nd
Jan., will, he has reason to believe, " meet in better temper,
having had time to chew upon that sugar bill wh. inflam'd them."
Wishes the Lords of Trade would send their opinion on that
bill, for the blame for not passing it lies on him, " tho' I offer'd
in Council the amendt. of inserting ye clause suspending the
executn. of it till H.M. pleasure were known, but that small
part of ye Council (being in number five only) would not accept
of that and pass'd the bill in haste, tho' desir'd by one of that
number to putt off the matter till Tuesday when there would
be a fuller Council. Our new settlement goes on at Port Antonio
with successe, a great many family's are already there, and if
the explanatory act wch. I sent home were once approv'd, I
really believe it will be in a few years the best in this Island.
I beg of you to know what to do in Mr. Coleman's affair" etc.
P.S. The Spanish privateers continue to infest and rob
us, and are like to do so let it be peace or war. Signed, Ro.
Hunter. Endorsed, Rd. Jan. 14th. Holograph, 2 pp. [C.O.
137, 53. ff. 90, 900., 91t;.]
453. Governor Worsley to the Duke of Newcastle. I
design to lay before the Assembly, prorogued to the 12th [sic]
instant (t;. Oct. 12 and 28) H.M. 21st and 22nd Instructions,
relating to the adjournment and the Speaker of Assembly etc.
Encloses Act to reduce the rate of interest. Continues : It passed
the Assembly nemine contradicente as it did also the Council ;
as it was so popular a bill, and as they are best judges of their
own circumstances, I gave my consent to it. But I can't help
making one observation, that considering there can be no
greater reason for the reducing of interest, than the plenty of
money, I am surprised to find them assert in their answer to
AMERICA AND WEST INDIES. 237
1728.
the Counsellors' reasons for the amendments to the Excise
bill, that the publick annual levy did once in every year amass
all the publick cash together into my coffers, and upon
this head, I beg leave further to observe to your Grace that
upon my arrival here, the Island was in debt 30,935 8s. 10|d.,
as appears by an estimate of the publick debts delivered to me
at my first arrival by the Committee of publick accounts etc.,
and yet this great debt has been almost paid off, besides the
payment of the annual expence of the Island, and if Excise bill
for this year had been continued in the usual way, this Island
would have had, by this time twelve months by computation,
all their debts paid, and 2000 in cash. Encloses Act for the
encouragement of William Ramsden, Esq. in his new improvement
of cattle mills for grinding sugar canes. Continues : As I am
obliged to issue out a new Commission of the Peace, that the
Assembly may not say that I exasperate, maletrate, insult
and abuse them, as they set forth in their petition etc., I design
not to leave out of the said Commission any of the Gentlemen of
the Assembly who are now in Commission, notwithstanding their
late conduct towards me, as well as to the Council, in that they
have refer'd the dispute betwixt the Council and them to H.M.
for his determination, when I beg your Grace I may have the
honor of H.M. commands, whether such Gentlemen may be
employed in the Government. In relation to the extraordinary
summs the Assembly in their answer to the Counsellrs. reasons
against the Excise bill pretend to say I have allowed the Store-
keepers for flags, I have enclosed to your Grace a copy of the
former Storekeepers disbursements before my arrival here,
by which your Grace will see that flaggs have been charged at
the same, or greater prices, before my arrival, etc. As I had
granted orders for the inclosed disbursements of Collo. Leslies,
I have had them reexamined in a full Council, article by article,
for which he produced vouchers, and after the examination of
them, I told the Council, that if they thought it just to cut off
any part of the said disbursements, I would give my consent
to it, and I asked every member of the Council, one by one,
their opinions, and they all agreed unanimously to the accounts ;
etc. Repeats part of 13th Sept. Encloses " the two last days
Minutes of the Assembly of the 10th and 14th of September
last, by which your Grace will see, that they continued to ad-
journ themselves without my leave for upwards of three weeks,
tho' at the same time, had I adjourned or prorogued them so
long, probably they might have made it a handle of complaint
against me." Signed, Henry Worsley. Endorsed, Rd. Jan.
19th. 7 pp. Enclosed,
453. i iv. Account of disbursements for the Magazine,
1721-1723, 1726, 1727. Copies. 4 pp. [C.O. 28,
44. Nos. 129, 129 i iv.]
238
COLONIAL PAPERS.
1728.
Nov. 8.
Barbado's.
Nov. 9.
Jamaica.
Nov. 9.
Jamaica.
454. Governor Worsley to the Council of Trade and Plan-
tations. Duplicate of preceding covering letter, mutatis
mutandis. Signed, Henry Worsley. Endorsed, Reed. 16th
Jan., Read 20th May, 1729. 6 pp. Enclosed,
454. i. Journal of Assembly of Barbados, 10th and 14th
Sept., 1728. Copy. Signed, Robt. Warren, Cl. 2 pp.
454. ii-v. Duplicates of Nos. 453 i-iv. Endorsed, Reed.
16th Jan., 1720. 6 pp. [C.O., 28, 20. ff. 107-
109u., 110t>. 114, 115, 116, 117, 1220.]
455. Governor Hunter to the Council of Trade and Plan-
tations. Little of moment has occurred since his letter of
Aug. 24th. Continues : Our Assembly, etc. (v. Aug. 5th) is
by the unanimous advice and opinion of the Council here
further prorogued to the 22nd of January next, when the
Members may, with less detriment to their own private interests,
attend the publick service and perhaps by that time may have
cooler thoughts as to their Sugar Bill, which they had so much
at heart and set them all on fire. I the more readily consented
to this prorogation because the additional duty and deficiency
bills, which latter provided for the soldiers, do not expire till
28th of March and by this prorogation the Assemblies will be
brought again to the usual time of year of meeting. Again
urges the confirmation of the Act for settling Port Antonio
(v. 5th Aug.). Continues : For as that settlement will very
much add to the strength and security of that part of the Island
not only against a foreign enemy but also against the rebellious
negroes, so it would be a great discouragement to the new
settlers there, who are now going on vigorously upon the faith
of that Act, to have the same rejected. No encouragement
that I have been able to give them has been wanting. I have
already sent thither six pieces of ordnance with all necessary
stores and when our Engineer Colo. Lilly arrives (whom I daily
expect) I propose to visit that part of the Island. The countrey
in general as to the planting interest is in a flourishing condition,
the seasons lately having been better than for many years past.
Our trade lyes still under the hardpps. of being daily molested
by the Spanish privateers. I hope some remedy or expedient
may be found out to prevent so great a grievance. The Spanish
men of warr which were sent to bring home their money saild
from Cartagena to the Havana very richly laden about the latter
end of Sept., etc. They were to make but a short stay at the
Havana, so probably they may get home by the time this comes
to your Lordpps. hands, etc. Signed, Ro. Hunter. Endorsed,
Reed. 13th Jan., Read 25th Feb., 172&. 3 pp. [C.O. 137, 17.
ff. 133-134*;.]
456. Same to the Duke of Newcastle. Repeats preceding.
Signed, Ro. Hunter. Endorsed, Reed. 15th. 2| pp. [C.O,
137, 53. ff. 92-93v.]
AMERICA AND WEST INDIES.
239
1728.
Nov. 11.
Bermuda,
457. Lt. Governor Pitt to the Council of Trade and Plan-
tations. I arrived 2nd Sept., etc. I found the country much
' damnified by violent storme and hurricane which happened
in the foregoing months, very much dammageing the buildings
as well publick as private, and allso destroying the provitions
of potatoes and Indian corn, the cheif support of this country,
and many vessells have been cast away, others returning by
stress of weather without arriving at their intended ports,
much ruined and disabled which has occationed Indian corne to
rise to seven shillings pr. bushell and wheat, flower and bread
proportionable etc. Persuant to H.M. Instructions I was
obliged to inspect into the administration of Justice, which I
found much retarded by a multiplicity of delays ; as in the
first place Members of the Councill being made Judges of Assize
and Common Pleas, whereby the number of the Councill where
lessoned, that very often they could not sitt to hear causes ;
appeals being brought from them to that Court, and other reasons
that might be assigned if not to long at present to be incerted.
Secondly, that five of the nine parishes for want of a sufficient
provision of Justices, where supplyed by the Counsellor of the
same Tribe or parish, so that writts of error and other appeals
that might be returned up from the Quarterly Sessions of the
Peace or in their capacity of holding inferiour Courts for the
tryall of small debts, and damages of 405. and under, wou'd
in the same manner, as with regard to the Judges of Common
Pleas, for want of numbers wholly incapacitate the Court of
Chancery of a Quorum, so as to try causes brought before them,
some causes as I have been informed haveing for seven years
and upwards been detained there, without any finall decision.
In persuance therefore of my Instructions I have constituted
and appointed William Outerbridge Esq. to be Chief Justice
of the Common Pleas, sometime since a Counciller but at present
under the suspention of Collo. John Hope, yet a person of sin-
gular distinction and beloved in his country as Collo. Bennett
will testify etc., he being always ready to serve his neighbours
by reconcileing differences, that too frequently do arise, and
the other two Judges his Assistants, as well as himselfe, are
Gentlemen of good estates and well recommended to me for their
abilitys, good life and conversation. I have likewise taken care
to supply the want of Justices in the severall parishes with such
Gentlemen as are the most capable for that office and are either
by the nomination or aprobation of H.M. Councill here ; and
none of them save only one by Commission have I removed,
etc. I have by my precepts directed, as usual to the Justices,
ordered the election of Assembly 18th Nov. etc. Signed,
John Pitt. Endorsed, Reed. 29th May, Read 3rd June, 1729.
llpp. [C.O. 37, 12. ff. 32, 33, 33i>. ; and (abstract) 37, 24.
p. 29.]
240 COLONIAL PAPERS.
1728.
Nov. 13. 458. Mr. Popple to Mr. Fane. Encloses, for his opinion
Whitehall. i n point of law, 12 Acts of New Jersey, 1728, enumerated. [C.O.
5, 996. pp. 250-253.]
Nov. 13. 459. Benjamin Whitaker to the Council of Trade and
Plantations. As Attorney General of South Carolina, submits
enclosed Articles, " of which I can produce the most full and
authentic proofs, if enabled by an order to examine persons and
send for papers. I need not represent to your Lordships the
dreadfull events that H.M. subjects in Carolina have to fear
from a state of anarchy and confusion to which they are now
very near reduc'd and how unable they are to defend themselves
against the enemies that surround them, whilst they are under
a Government so languishing unsteady and supine " etc.
Signed, Benja. Whitaker. Endorsed, Reed., Read 19th Nov.,
1728. 1 p. Enclosed.
459. i. Articles relating to the conduct of Arthur Middleton,
President of South Carolina, (i) He has neglected to
take the oaths for observing the Acts of Trade etc.,
whereby H.M. Revenue hath greatly suffered, (ii) A
few months after entering on the administration of
the Government, he sold several offices relating to the
administration of Justice and used many indirect
artifices to extort money from the purchasers,
(iii) Contrary to the express orders of his late Majesty,
he issued 30,000 in paper bills of credit (which by
law ought to have been sunk) whereby the vallue of
the said bills are greatly lessened, and the trading people
of Great Britain much injured, (iv) To the great
grief and disappointment of all H.M. good subjects
in S. Carolina, he delayed proclaiming H.M. happy
accession 14 days after he had received orders for
that purpose, (v) When H.M. Council in June, 1727,
had directed warrants to the Provost Marshall to
apprehend several riotous persons (who had come
arm'd to Charles Town, the seat of Government)
and had intruded with pistolls into the Council!
Chamber and delivered a seditious representation,
Mr. Middleton privately and without the advice or
consent of H.M. Councell ordered the Provost Marshal
to stop the execution of the said warrants, (vi) When
the Honble. Alexander Skeen Esq. one of the Members
of Council had committed to prison one Thomas Smith
for assembling together severall arm'd person in a
riotous tumultuous and unlawfull manner and con-
federating with his father Landgrave Thomas Smith
by force of arms to wrest the Government out of the
hands of Mr. Middleton, he ordered Smith to be dis-
charged without hearing, in pursuance of a promise
AMERICA AND WEST INDIES.
241
1728.
he made to an Assembly of about 200 rioters with
whom he so fair prostituted the dignity of Govern-
ment and H.M. authority as to treat capitulate and
make terms, notwithstanding there was two of H.M.
ships of war, H.M. Independant Company of Foot,
all H.M. Officers in the Government and many other
good subjects who offered and were ready to assist
him on the insurrection of the rioters, (vii) When
proof was made before him in Councill that a number
of armed men were assembled together with their
faces black'd and disguised in order to kill the Provost
Marshall who had warrants against them for levying
the publick taxes raised for the support of H.M.
Government, he ordered the Treasurer to withdraw
the warrants against the said persons and not to suffer
them to be executed, (viii) He hath committed
diverse other acts highly injurious to H.M. prerogative
and tending to the lessening the authority of his
government etc. l pp. [C.O. 5, 360. ff. 76, 77v.-
78v., 79v.]
Nov. 13.
Whitehall.
460. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, 2 Acts of Antigua, 1728, (i) for laying a duty of
powder and money on all vessels trading to and from this Island, for
the defence of this Island etc. and (ii) for raising a tax for
paying publick debts and charges, and particularly applying
the said tax. [C.O. 153, 14. p. 405.]
Nov. 13.
Whitehall.
461 . Same to the Mayors of Bristol, Dartmouth, Barnstable,
Biddeford, Poole, Exeter, Plymouth, Weymouth, Liverpool.
The Council of Trade and Plantations having under their
consideration several papers relating to the trade and fishery of
Newfoundland, desire you will consult the several merchants
and others of - , therein concern'd, and let me have your
thoughts whether anything, and what may be done for the
further encouragement thereof. [C.O. 195, 7. pp. 155, 156.]
Nov. 14.
Whitehall.
462. Council of Trade and Plantations to the King. Mr.
Pusey, one of your Majesty's Council of Jamaica, having been
several years absent and at present in jayl, whereby he is ren-
dered unfit to serve your Majty. in that station, recommend
Alex. Forbes Esq. to serve in his room etc. [C.O. 138, 17.
p. 256].
Nov. 14.
Whitehall.
463. Same to Same. Propose James de Lancey for Council
of New York in place of Mr. Barbaric, deed. [C.O. 5, 1125.
p. 121].
C.P.XXXVI 16
242
COLONIAL PAPERS.
1728.
Nov. 14.
Whitehall.
Nov. 14.
464. Same to Same. Recommend that Flag Officers and
Commanders in Chief in the Plantations be inserted in the
Commissions for trying pirates (Nov. 6), as requested by the
Admiralty. [C.O. 324, 11. pp. 133, 134.]
465. Petition of James Smith to the Council of Trade and
Plantations. Three Acts of New Jersey, for shortening lawsuits,
regulating the practice of the law and recording deeds were dis-
allowed in 1721 as laying petitioners' office under some hardships.
But in 1727 Governour Burnet, for 600 given to him by the
Assembly, under the name of incidental charges, did re-enact
the aforesaid laws, and caused a new ordinance to be made in
which the fees only of the Secretary are reduced to very near
to what they were when first complained of. Upon some
objections made in Council about re-enacting these laws, on
account of the 37th Instruction, the Assembly voted to the
Secretary 25 a year in consideration of the loss his Office
would sustain thereby, which he is sure will be more than 60.
After opposing it in Council as much as he could, Memorialist
was obliged to accept this or get nothing. Prays for redress.
Signed, James Smith. Endorsed, Reed, (from Mr. Docminique),
Read 14th Nov., 1728. 1 p. [C.O. 5, 972. ff. 170, 1700.]
Nov. 19. 466. Order of Committee of Privy Council. The Lords
Whitehall, of the Committee having before them some reports from the
Lords Commissioners for Trade etc. upon the woods in America
and naval stores etc., thought it proper, before they entred
into the consideration thereof to be informed, whether any
projects for promoting the silk, linnen or woollen manufactures
in any of H.M. Plantations, have been at any time carried on,
or are now carrying on, and to what degree of perfection the
same may have been brought ; and to that end their Lordships
are hereby pleased to order, that the Lords Commissioners for
Trade etc. do lay before this Committee as soon as conveniently
may be the best informations they can procure in relation
thereto. Signed, Temple Stanyan. Endorsed, Reed. 21st,
Read 26th Nov., 1728. 1 p. [C.O. 323, 8. No. 98.]
Nov. 20. 467. Mr. Popple to Mr. Whitaker, Attorney General, S.
Whitehall. Carolina. My Lords Commissioners having received a letter
from you, with some articles in relation to the conduct of Mr.
Middleton etc., are very much surprised at your having sent a
paper of that consequence, without giving the Board an oppor-
tunity of discoursing with you thereupon, before you left
London. Your letter was dated the 13th instant, but not
received till yesterday, when I was informed that you went
out of Town, the very day you wrote your letter, for Bristol,
to imbark for Carolina. [C.O. 5, 400. p. 241.]
AMERICA AND WEST INDIES.
243
1728.
Nov. 20.
Whitehall.
Nov. 20.
Whitehall.
468. Council of Trade and Plantations to Governor
Montgomerie. Acknowledge letters of 30th May and 13th Aug.
and acquaint him with their proceedings. Continue : We have
considered Mr. Burnet's reasons for having given his assent
to the Act (of New Jersey) for appropriating a part of the interest
etc. to the incidental charges of the Government etc., but we can
by no means agree with him that the interest arising from thence,
having been detain'd in order to answer any deficiency which
might have happen 'd, has given no credit to these bills supposing
even that this was a fact. We can't imagine how Mr. Burnet
can justify his having given his assent to any Act for applying
the said interest mony without a clause for preventing the
said Acts taking place till H.M. pleasure could be known
thereupon or at least without having consulted us after having
received a letter wherein we so sufficiently explained our
thoughts upon this subject. We find by the last clause of this
Act, that the interest mony, as the same shall rise, is made
applicable to such uses, as the Governor, Council and Assembly
shall direct, so that should this Act remain unrepealed, till the
Act for creating paper mony expires, and any deficiency should
happen, a tax must then inevitably be laid upon that county
where such deficiency shall happen, to make good the same,
but if none should happen, the interest arising from these
bills will be so much clear gain to the Province. We
therefore desire, you will move the Assembly to pass an Act
for repealing this last clause, and if they don't think proper
immediatly to comply therewith, we will lay this Act before
H.M. for his disallowance. We are the more determin'd upon
this point, because the gain which will accrue to the Province,
cannot arrise till the paper mony Act shall expire, and therefore,
the interest already paid in by the borrowers, having been
applied to different uses than that to which it was originally
design'd, has prevented the sinking the same value of paper
bills, as that interest would have amounted to. Upon this
head we shall expect to hear from you as soon as possible etc.
Set
pp.
out, N.Y.
120-125.]
Col. Docs. V. pp. 870, 871. [C.O. 5, 1125.
469. Mr. Popple to Governor Hunter. Acknowledges letters
of the 4th, 16th and 19th May, 29th June, 3rd and 5th Aug.,
etc. Continues : As the Acts enclosed are now with Mr. Fane,
my Lords Commrs. have deferred writing to you till they
shall have received his report etc. They have recommended
Mr. Forbes to be of the Council as you have desired. Upon this
occasion I must observe to you that the Board have ever thought
themselves by virtue of the Commission the proper persons to
judge of the qualifications of those who are recommended to be
of any of H.M. Councils in America ; and therefore you will
do well for the future to make your application to them : It is
244
COLONIAL PAPERS.
1728.
true that persons have sometimes been propos'd to a Secry.
of State in order to their being appointed Councillors, but
the Board's opinion has ever been asked, and none has been
named but upon their recommendation. This I don't tell
you by order of the Board but I thought it might be of
service to you to receive this private information etc. In
relation to the bill for making the goods of the produce of the
country, a lawfull tender for the payment of debts (v. 5th Aug.),
their Lordships think you did very well to refuse your consent
thereto, as in doing otherways you would have acted directly
contrary to your 19th Instruction : This bill being of a very
extraordinary nature, and against which there appear many
reasonable objections. I have mentioned to their Lordships
what you propose in your letter to me, 3rd Aug., as a means
to make this sugar bill tolerably just vizt. " That the debtor
ship the sugars at his own cost and risque, and draw upon them
at a certainty pr. cent., and altho' their Lordships should be of
opinion with you that the creditor will thereby be in a better
state than by the bill, yet if H.M. should be inclined to allow
of this bill with your addition, the Assembly will not in this
case be permitted to make any alteration after H.M. shall have
approved thereof ; And as it does not appear to the Board
that either the Council or Assembly are appriz'd of your proposed
addition, it may possibly happen that they may not agree
thereto ; My Lords Commrs. are therefore of opinion that if
the Assembly should again revive this Bill, that you should
propose to them this amendment but in all cases not to give
your assent to an Act of this nature, without inserting a clause
for suspending it's taking effect, until H.M. pleasure shall be
known thereon. Informs him of additional Instruction as to
Col. Lilly's salary. [C.O. 138, 17. pp. 256-259.]
Nov. 23. 470. Order of King in Council. Warrants are to be prepared
st. James's. f or renewing commissions to Governors to try pirates etc. (v.
A.P.C. III. No. 158). Signed, Temple Stanyan. Endorsed,
Reed. 3rd, Read 15th Jan., 172f. 2 pp. [C.O. 152, 16. ff.
373, 373i;.,
Nov. 23. 471 . Order of King in Council. Repealing Act of Antigua
st. James's, for constituting a Court to hold plea of foreign attachments accord-
ing to the custom of the City of London. Signed and endorsed as
preceding. If pp. [C.O. 152, 16. ff. 375, 375i;., 376*;.]
Nov. 23. 472. Order of King in Council. Confirming Act of Antigua
st.' James's, for the better securing and confirming the titles of George Thomas
to certain lands and negroes. Signed and endorsed as preceding.
2 pp. [C.O. 152, 16. ff. 377, 377v., 378v.]
AMERICA AND WEST INDIES.
245
1728.
Nov. 23.
St. James's.
Nov. 23.
N.
Providence.
Nov. 23.
Nov. 23.
N.
Providence.
Nov. 23.
Bristol.
473. Order of King in Council. Appointing James de
Lancey to the Council of New York, as recommended 14th Nov.
Signed, Temple Stanyan. Endorsed, Reed. 3rd, Read 15th
Jan., 1728. 1 p. [C.O. 5, 1054. ff. 303, 304u. ; and (signed,
Ja. Vernon) 5, 1086. No. 3.]
474. Governor Phenney to the Council of Trade and
Plantations. Encloses Minute of Council and Custom house
papers mentioned 4th Nov. Signed, G. Phenney. Endorsed,
Reed. 12th Feb., Read 1st May, 1729. 1 p. [C.O. 23, 2
ff. 188, 189!;.]
475. Memorandum of Order of King in Council relating
to the renewal of Commissions for trying pirates in America and
the necessary alterations therein. Endorsed, Read 15th Jan.,
1728-9. I p. [C.O. 323, 8. No. 103.]
476. Governor Phenney to the Duke of Newcastle.
Encloses following, on which he desires directions. Signed,
G. Phenney. Endorsed, Rd. Feb. 12th. 1 p. Enclosed,
476. i. Minutes of Council of the Bahama Islands, 18th Nov.,
1728. The petition of William Fairfax, appointed
Deputy Receiver of Admiralty dues 13th April, 1728,
was read, complaining that Peter Goudet, Agent for
the Bahama Society, Lessees of the Lords Proprietors,
refused to surrender the perquisites of Admiralty
received by him for account of the said Lessees. Mr.
Goudet replied, maintaining the right of the Lessees
under the assignment of the Charter by the Lords
Proprietors. Mr. Goudet was directed to give security,
whilst the matter was referred home etc. Copy.
Signed, W. Fairfax Clk. Council. 3f pp.
476. ii., iii. List of ships entered and cleared New Providence,
25th June 29th Sept., 1728, 4 inwards and 8 outwards,
with cargoes of fruit, turtle and flour for S. Carolina
(5), Jamaica (1), N. England (1), and Antigua.
(Madeira and mahogany) (1). Signed, Jno. Warner,
N.O. 3 pp. [C.O. 23, 14. ff. 53, 54,v.-5Qv., 57v.,
58, 59.]
477. Mr. Whitaker to Mr. Popple. In reply to letter of
20th Nov., explains that he was unable to attend the Board
when in London owing to illness and was hurriedly recalled to
Carolina by the news that the hurricane had proved very
prejudicial to his private affairs, etc. Refers to charges against
Mr. Middleton (v. 13th Nov.). The facts are notoriously known
in the Province etc. Signed, Benja. Whitaker. Endorsed,
Reed. 25th, Read 26th Nov., 1728. l PP- [ c -- 5 > 36 -
ff. 80,
246
COLONIAL PAPERS.
1728.
Nov. 23. 478. Order of King in Council. Disallowing draught of
St. James's. a j^u prepared by the Assembly of Barbados, for laying a duty
on wines and other liquors imported, etc. for carrying on the fortifi-
cations and payment of persons employed at the publick charge etc.,
upon a report by the Committee that by some clauses therein
inserted, the Assembly would deprive the Governor of the
power given him by H.M., to sign warrants, for the issuing of
moneys, without their approbation first particularly obtained
for that purpose, contrary to the constant usage of that island
and of all others H.M. Colonies, and derogatory to H.M. royal
prerogative etc. Signed, Temple Stanyan. Endorsed, Reed.
3rd, Read 15th Jan., 172ft. 2 pp. [C.O. 28, 20. ff. 76, 76i>.,
77v. ; and 5, 21. ff. 1-2.]
Nov. 26. 479. Mr. Whitaker to Mr. Popple. Reminds him that he
Kmg road, asked for an order to examine persons and send for papers to
prove his charges etc. (v. 13th Nov.). Signed, Benja. Whitaker.
Endorsed, Reed. 30th Nov., Read 3rd Dec., 1728. 1 p. [C.O.
5, 360. ff. 82, 83z>.]
Nov. 26.
Boston.
480. Mr. Willard to Mr. Popple. Encloses Minutes of the
General Assembly in May with Acts then passed, Minutes of
Council for six months ending August last, and Treasurer's
General Account to May last. Signed, Josiah Willard.
Endorsed, Reed., Read 4th Feb., 172|. f p. [C.O. 5, 870.
ff. 184, 1850.]
Nov. 26. 481 . Mr. Popple to Sir Wm. Keith. The Council of Trade
Whitehall, and Plantations desire you will let them know on Friday
morning, whether you have heard of any projects that have
ever been form'd for promoting the silk, linnen or woollen
manufactures in any of H.M. Plantations in America etc. N.B.
A similar letter was writ to, Mr. Joshua Gee, Colo. Spotswood,
Colo. Shute, and Colo. Johnson. [C.O. 324, 11. pp. 134, 135.]
Nov. 27. 482. Sir William Keith to Mr. Popple. Reply to preceding.
Continues : I know of no Company or Society of men, that
have actually engaged in any project for carying on such manu-
factories etc. But I have heard that some few experiments
have been made both for raising silk and working hemp up into
sail cloth, with a view, as I suppose, to induce people to enter
into some projects of that nature ; and as to any manufactures
of woolen, their Lordships very well know, that it is already
prohibited by act of Parliament, from being either water born,
or transported by land from one Colony to another, so that
there is no room to form any considerable project of that kind ;
nor did I ever hear that woolen cloth has been made in any of
the Plantations otherways, than that every farmer is by industry
led to employ his spare time, in working up the wool of the few
AMERICA AND WEST INDIES.
247
1728.
Nov. 27.
Boston.
Nov. 27.
Boston.
Nov. 27.
Boston.
sheep he is obliged to keep on his farm, for the improvement
of his land, for the use of his family ; and in like maner he often
raises a smal quantity of flax, which is broke or dress'd,
commonly in the winter season, and spun up into course cloth
by the old women and children, for the same use. Signed, W.
Keith. Endorsed, Reed. 27th, Read 29th Nov., 1728.
Holograph. l pp. [C.O. 323, 8. No. 100.]
483. Jer. Dunbar to David Dunbar. Announces arrival a
fortnight since. Has sent Mr. Armstrong and Mr. Slade into
N. Hampshire and Maine to discover timber cut down and
mark what they judge proper for H.M. service. The Governor
promises his protection, but doubts whether the people will
comply with the construction that the Attorney and Solicitor
General put upon the Act of the 8th of his late Majesty. " How-
ever, he advises me to try it, that we may know what we may
depend upon for the future, and I have for that purpose given
Mr. Armstrong and Mr. Slade orders to seize any trees that they
find cut down and come within our Instructions " etc. I have
talked with Mr. Armstrong upon his letter of 29th Jan., last to
Mr. Burniston in which he sayd he had seized 2000 logs etc.
He says that while he was here in order to libell them, the
people of the country toss'd them into the rivers and got them
down to the mills, this may seem a little extraordinary, but I
assure you he bears a very good character here, and is much
esteemed by the best gentlemen in this town, every one of them
that I have discoursed agree that the information made against
him some time since was malitious and without any grounds,
however you will be better able to judge when you come etc.
I design to go into the woods with him this winter etc. Signed,
Jer. Dunbar. Endorsed, Reed. 7th Jan. Copy. 2% pp. [C.O.
5, 898. No. 49.]
484. Governor Burnet to the Duke of Newcastle. Encloses
duplicate of Oct. 26th. Continues : Since which, I have sat
with ye Assembly at Salem, but they have insisted on the
Governour's having no power to adjourn them from Boston,
which is a manifest contempt of His late Majesty's decision in
Council in favour of Governour Shute upon this very point.
Refers to enclosed copy of letter to Board of Trade. Signed, W.
Burnet. Endorsed, R. 27th Jan. 1 p. Enclosed,
484. i. Duplicate of following. [C.O. 5, 898. Nos. 48, 48 i.]
485. Governor Burnet to the Council of Trade and
Plantations. Encloses Journal of Representatives and repeats
preceding. Continues : They have since prepared and agreed
to an Address to H.M., which is to be transmitted now, but
the contrivers of it have only read it to the House and obtain'd
their approbation, without leaving any copy of it or letting the
248
COLONIAL PAPERS.
1728.
Nov. 28.
Admty
Office.
Nov. 28.
BarnHtablc.
Clerk take one, and they are to get it fairly engrossed to be signed
by the Speaker, and so sent home to Mr. Wilkes merchant in
London to be presented without leaving any copy of it on their
Journal ; I am told it contains the substance of what they
have said to me in their several answers and very strange
invectives against Governours in general ; and very absurd
brags of their expences in receiveing me and adorning ye house
I live in, as if these were reasons against fixing a salary. The
performance will I am satisfied be a sufficient refutation of
itself, and therefore I may safely rely on it as such, without
troubling your Lordships further etc. Signed, W. Burnet.
Endorsed, Reed. 27th Jan., Read 4th Feb., 172g. 2^ pp.
485. i. Votes of House of Representatives of the Massachu-
setts Bay, Oct., Nov., 1728. Same endorsement.
Printed. 3 pp.
485. ii. Treasurer General's accounts of the Province of the
Massachusetts Bay, 1728. Signed, Jer. Allen. Passed
by Committee of House of Representatives and by
Lt. Governor and Council. Same endorsement. 25 pp.
[C.O. 5, 870. ff. 164-181, 183v.]
486. Mr. Burchett to Alured Popple. Upon Order in
Council directing the Commissions for trying pirates in the
Plantations to be renewed and passed under the seal of the
High Court of Admiralty, requests the names of persons there
whom the Council of Trade and Plantations propose to have
inserted therein. Signed, J. Burchett. Endorsed, Reed., Read
28th Nov., 1728. f p. [C.O. 323, 8. No. 99.]
487. Mayor and principal inhabitants of Barnstaple to the
Council of Trade and Plantations. Hearing that the affair of
the Newfoundland Fishery is now under your Lordships'
consideration, repeat complaints against Lt. Govr. Gledhill and
refer to their petition to the King. v. C.S.P. Feb. 25th, 1727.
Continue : By the methods there indicated, and by destroying
houses at Placentia or forcing persons to leave them and placing
some of his own garrison in their room, we who formerly vended
a considerable quantity of woollen goods etc. are now obliged to
sell them to the Governor at what time and rate he pleases etc.
Contrary to the Act of Wm. III. which prohibits any aliens or
strangers, not residing within Great Britain, from fishing or
trading to any part of Newfoundland, the Irish not only send
ships thither, but also boatkeepers who go from Ireland and
settle there, so that considering the cheapness of their provisions,
and the small wages they give the sailers, must soon if not
prevented intirely ruin our trade, our sailors having already
advanc'd their wages to almost double what was paid them
but very few years since. The Governour, Mr. Salmon, and
some other persons have within these three or four years last
AMERICA AND WEST INDIES.
1728.
Nov. 28.
Whitehall.
Nov. 29.
Whitehall.
[Nov. 29.]
past, built several ships, one this summer upwards of an
hundred tunn, which if continued for the space of some years,
will deprive us of proper trees to build our boates, and erect
our stages and other conveniencies with, or will oblige us to send
so far into the country, as that by the loss of our men's time
our voyages will be intirely ruined. Considering how beneficial
the trade of Newfoundland is as a nursery for seamen, employing
great numbers of poor people, and importing products of this
country etc., pray that these greivances may be redressed etc.
Signed, Richard Newell, Mayor, and 9 others. Endorsed, Read
19th Dec., 1728. 1 1 large pp. Enclosed,
487. i. Copy of petition, C.S.P. Feb. 25, 1727. encl. i.
487. ii. Copy of certificate, C.S.P. Feb. 25, 1727. encl. ii.
[C.O. 194, 8. ff. 191, 192, 193, 198i>.]
488. Mr. Popple to Mr. Cox. Your brother having entered
a caveat against the Act passed in N. Jersey in 1719 for running
the division line between the Eastern and Western divisions etc.,
the Board desire you will let them know to-morrow at 11 a
clock whether you have anything to offer against it etc. [C.O.
5, 996. pp. 254, 255.]
489. Council of Trade and Plantations to the Duke of
Newcastle. Enclose articles of complaint against President
Middleton, received from Mr. Whitaker, " as these complaints
agree with the general accounts we have had from those parts,
altho' the proofs of them are not laid before us etc. By the
said articles you will see what confusion that Province labours
under, and how necessary it is that your Grace should receive
H.M. commands for putting the care of that valuable country
into better hands, as the only expedient we can offer for
redressing these disorders." [C.O. 5, 400. p. 242.]
490. Account of the manufacture of wool and flax in the
Plantations. My Lord, when your Lordship pleases to consider
the different climates, produce and trade of the several Colonies
now settled on the North Continent of America ; you will find
that none of the inhabitants to the southward of Pensylvania
(excepting one County called Sommerset upon the eastern
shore of Maryland) have any temptation or ability to
manufacture either wooll or flax to advantage, for their people
are so intirely employ'd upon tobacco and rice, that they can
scarce afford time to raise corn enough to supply their familys
with bread ; But the aforesaid county of Sommerset does at
this time make a good deal of cloth which may proceed partly
from the soil, not being so fit for tobacco, and partly from its
being inhabited by people who have been educated and brought
up to that sort of business in Ireland. But in Pennsylvania,
New Jersey, New York, Connecticut, Rhode Island, New Eng-
250 COLONIAL PAPERS.
1728.
land etc., it is otherways, and I conceive the following reasons
may be assign'd why these people have in some measure fallen
into a minute or peddling manufacture of wooll and linnen cloth
for the use of their own families. (i) Their principal product
is stock and grain, and consequently their estates depend
wholly upon good farming, and this cannot be carried on
without a certain proportion of sheep (which in a good pasture
there, lamb twice a year, and every ewe generally brings two
and often three lambs at a time) so that wooll would be lost,
if they did not imploy their servants at odd times, and cheifly
in the winter season, to work it up for the use of their own
families, (ii) An acre of flax which will produce from 1000 to
1500 wt. is easily raised, and coarse cloth made of it, will do
twice the service of cloth of the same finess that comes from
any part of Europe, which in like manner leads the industrious
farmer to employ his intervals of time in making up small parcels
of such coarse cloth for the use of his family, and likewise he
often raises also a small quantity of hemp to make bags, plough
traces, and halters for his own use, they being of a better
quality for lasting than any that can be purchased in the shops,
(iii) The old women and children, fit for no other business about
a farmer's house, are made useful in carying on a little manu-
facture for the service of the family, and by this means also
everyone is constantly employed within or without doors, let
the weather or season be ever so bad. (iv) Grain being the
chief product by which they are enabled to purchase clothing,
and other European goods, those settlements which are back
in the woods, and far distant from navigation, have not the
opportunity of a market for grain, which will not bear the
charges of a great land carriage, wherefore they raise no more
corn in such places than what they consume themselves, by
which means they can spare more time to work up so much
wooll and flax into cloth as they want for their own use etc.
Continues : It will, I apprehend, be impracticable to restrain
the people from a part of their industry which is so essential
to their subsistance, unless some method can be found out to
tempt or lead them voluntarily into another more profitable
way of employing their spare time, and I cannot think of any-
thing that would so advantageously contribute to that end,
as a reasonable encouragement for them to go upon Naval Stores
fit for the service of Great Britain etc. The hire of servants, or
the purchase of them with the expence of maintainance and
clothing etc. is at this time so high in America, that it is
demonstrably impossible for any one private family to work up
either woollen or linnen cloth, but what will cost 50 pr. cent,
more than that which comes from Europe for sale, wherefore
if they are at present only prevented from entering into any
Society for a manufacture of that kind, and from transporting
it to other places for sale (as indeed they are already by Act of
AMERICA AND WEST INDIES.
251
1728.
Nov. 29.
Whitehall.
Nov. 29.
Whitehall.
Nov. 29.
St. James's.
Nov. 30.
St.
Christophers.
Parliament, with respect to woollens) it will be sufficient to
answer every reasonable purpose that can be propos'd, and if
at the same time they are incouraged to go upon naval stores,
such a regulation will go the more easily down. Endorsed,
Reed, (from Sr. Wm. Keith), Read 29th Nov., 1728. 4| pp.
[C.O. 323, 8. No. 101.]
491. Mr. Popple to Mr. Burchett. Encloses list as desired
No. 487. [C.O. 324, 11. pp. 135, 136.]
492. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before the King.
Annexed,
492. i. Same to the King. Enclose following. Continue :
We have in pursuance of your Majesty's Order in
Council of the 25th of July inserted a clause for
impowering him to call an Assembly. This draught
is in all other respects the same as those which your
Majesty has been pleased already to approve of for
your other Governors in America, excepting the
Article impowering the Governors to grant land,
which we have omitted in this draught, because altho'
your Majesty appoints the Governor of these Islands,
yet the soil belongs to Proprietors. We take this
opportunity of submitting to your Majesty whether
it would not be for your Majesty's service and the
interest of Great Britain that these Islands considering
the great consequence they are of should be purchas'd
from the Proprietors.
492. ii. H.M. Commission for Capt. Woodes Rogers to be
Captain General and Governor in Chief of the Bahama
Islands. See preceding. [C.O. 24, 1. pp. 102-122.]
493. H.M. Warrant appointing James de Lancey to the
Council of New York in the room of John Barbaric deed.
Countersigned, Holies Newcastle. [C.O. 324, 36. pp. 98, 99.]
494. Governor the Earl of Londonderry to the Council of
Trade and Plantations. I enclose your Lordships an Act past
at Nevis for settling 500 pr. annum on me during my Govern-
ment, which I question not will meet with your Lordships'
approbation, because the tax to raise that sum is laid on sugar
and molassus, the growth of that island, which as it does not
in the least affect the trade of Great Britain, is therefore rais'd
in conformity to H.M. Instructions, and I hope your Lordships
will recommend this Act to H.M. for his Royal assent etc. The
Legislature of that Island unanimously made this settlement
on me which is the first (they say) that island ever thought fit
to make on any of H.M. cheif Governours. I likewise transmit
252 COLONIAL PAPERS.
172S.
to your Lordships another Act passed at Nevis for raising a
poll tax on negroes, in order to repair H.M. fortifications, ami
to defray other necessary charges of that Island, amounting
to the sum of 2,005 17*. current money thereof. And as
the Act she\vs t lu particulars to which that sum is to be applied,
I need not trouble your Lordships with them etc. Enclose*
Minnies of Council and Assembly of Nevis to Oct. 28, 1728.
Continues : The moment the proper oll'uvr has return'd me a
list of the inhabitants negroes etc., which I have directed to be.
taken, I will forward them to your Lordships. I arrived at
St. Christophers Oct. 30th, and now send your Lordships two
Acts pass'd in this Island unanimously, the one for settling the
sum of 2000 pr. annum current money of St. Christophers on
me during my Government, and the other for laying certain
duties upon sugar, molassus and other goods of the growth and
manufacture of this Island, towards raising the said sum. As
both these Acts are the same with those pass'd in my predecessor
Mr. Hart's time, which met with your Lordships' approbation,
and H.M. Royal assent, I need not trouble your Lordships with
any observations about them, but only intreat you to lay them
before H.M. for his allowance. I remit your Lordships Minutes
of the Council of this Island, Oct. 24, 1727 5th Sept., 1728,
the last meeting to the time of my arrivall. As I found on my
arrivall the Councillours in this Island under the number seven,
by which means publick business had been often obstructed
for want of a quorum, and as H.M. had empowered me to lill
up to that number, I have accordingly appointed Mr. Wavell
Smith Secretary of the Leeward Islands, one of the Council of
St. Christophers. What indued me to pitch upon this Gentle-
man, was that I found several of his predecessors had been
appointed of the Council to all the Islands, particularly John
Palmer Esq. Secretary of the Leeward Islands, who was made
a Councillour of them all by warrant 14th Jan. 1692 etc. Mr.
Parsons was also appointed a Councillour to them all, as appears
by his mandamus, the date of which I cannot send your Lord-
ships because 'tis on record in the Island of Mountserratt, but
shall forward it by the next opportunity. I hope your Lordships
will recommend Mr. Smith to be confirm'd by H.M. it being
for His service that His Cheif Secretary an Officer of such
importance shou'd be of His Councils here. I assure your
Lordships he is very well qualified for the station I have put
him. in, and his behaviour also in every respect deserves H.M.
encouragement. Acknowledges letter of 4th July with repeal
of Act repealing Act settling 2000 on Governor Hart etc.
P.S. Encloses short Act laying a duty on rum, " which was
by accident omitted in the Act for raising a tax on sugar and
molossus etc. as your Lordships by perusing of it will perceive."
Signed, Londonderry. Endorsed, Reed. 28th Jan., Read llth
Feb. 172 -. 3 pp.* Enclosed,
AMERICA AND WKST INDIES. 253
1728.
494. i. Christenings and burials in the parish of Christ Church,
Nicholas Town, St. Kitts, 1727. Christenings 12 ;
Burials, 8. Signed, Archibald Cockburne, Rector.
I p.
494. ii. Christenings and burials in the parish of St. Mary
Cayon, St. Kitts, 1727. Christenings, 13; Burials,
.'}. Signed as preceding. 1 p.
494. iii. Christenings and burials in the parish of St. George
Basseterre, St. Kitts, Michaelmas 1726 1727.
Christenings, 66 ; Burials, 47. Signed, John
Anderson, Rector. 1 p.
494. iv. Christenings and burials in the parish of Trinity,
Palmeto Point, St. Kitts, Michaelmas 17261727.
Christenings, 15 ; Burials, 13. Signed as preceding.
1 p.
494. v. Christenings and burials in the parish of St. Thomas,
Middle Island, St. Kitts, Michaelmas 17261727.
Christenings, 32 ; Burials, 10. Signed, Walter
Thomas, Rector. 1 p.
494. vi. Christenings and burials in the parish of St. Anne,
Sandy Point, St. Kitts, 1727. Christenings, 17;
Burials, 18. Signed, David Bethune, Rector. 1 p.
[C.O. 152, 16. ff. 379-380U., 3Slv., 382, 383, 384,
385, 386, 387, 387u.]
Nov. 30. 495. Governor Montgomerie to the Council of Trade and
New York. Plantations. Acknowledges letter of June 30th etc. Abstract.
Suggests that " it will contribute very much to my carrying
on successfully H.M. service in New Jersey, if the obtaining the
Royal assent to the triennial and Quaker's Act, be at least
delayed till you know how the Assembly of that Province
behaves when I meet them at Burlington on the 10th of next
month." Gives, with a few comments, a list of 19 public and
3 private Acts passed at the last sessions of Assembly at New
York, and encloses the Acts printed and sealed, and Minutes of
Council and Assembly to date, and list of vessels entered and
cleared 25th March 29th Sept., 1728. Continues : The
Assembly (encouraged by Governor Burnet's assenting to such
an Act last year in New Jersey) past an Act for frequent calling
and holding Assemblies in this Colony ; which the Council
finding to be of an extraordinary nature amended by adding
a clause that it should not take place till H.M. pleasure be
further known etc. The Representatives disliking the amend-
ment dropt the bill ; but at the end of the Session the Speaker
gave me the enclosed copy to transmit to your Lordships ; and
I beg your directions what to do when it is again sent up to the
Council, etc. The Court of Chancery has been the subject of
much discourse, and occasioned more uneasiness to Mr. Hunter
and Mr. Burnet than all the other parts of their administration.
254 COLONIAL PAPERS.
1728.
Very luckily for me I found no cause of consequence depending
at my coming to this Government, nor has there been any
demand yet made for opening the Court, so I have had no great
occasion hitherto to act as Chancellor nor do I intend to do it
till I have further instructions from your Lordships etc. Most
of the Council and some others, since the ordinance past for
regulating abuses in the practice and fees of the Court of
Chancery, are very well pleased with its constitution and
decrees, as appears by several representations in their Minutes
etc. Another party disputes the legality of this or any other
Court of Equity that is not established by an Act of General
Assembly, and they particularly insist upon the Governours
being by law incapable of being sole Judge in that Court. This
was argued with great earnestness by some lawyers before
Governor Burnet in a tryal for a considerable estate etc. A
third party not so violent as the last, but yet desirous of some
alteration, their scheme is to have the Court of Chancerv
established in the Governour and Council : thinking the clamour
against it would cease, if the Governour was assisted by the
Councellors, who are for most part men of estates and born in
the Province. Since I found the people here so divided, and
at the same time stubborn in their opinions, I hope your Lord-
ships will approve of my not acting as Chancellor till I have
your directions etc. Enquires what alterations in the repealed
Act for the easier partition of lands held in common would make
it acceptable, an Act to this purpose being much wanted and
earnestly desired, etc. P.S. I beg pardon for making use of
another's hand having sprained my wrist. Set out, N.Y. Col.
Docs. V. pp. 871-875. Signed, J. Montgomerie. Endorsed,
Reed. 14th Feb., Read 23rd May, 1729. 7 pp. Enclosed,
495. i. Minutes of Council of New York relating to an
Ordinance for establishing remedies for abuses in the
practice of the law, 19th Dec., 1727 7th March, 1728.
Printed. 6 pp.
495. ii. Ordinance for regulating fees in the Court of Chancery,
New York, 28th Feb., 1728. Printed. 4 pp.
495. iii. Extract (pp. 9 and 10) of the case relating to Medina
and Co. of London v. Rene Hett. Printed. 2 pp.
Nos. i-iii. Endorsed, Reed. 14th Feb., 172*.
495. iv. Affidavits referred to in Minutes of Council of New
York, 13th Sept., 1728. Endorsed as preceding.
Copy. 13| pp.
495. v. Copy of a bill for the frequent calling and holding of
Assemblies at New York. An Assembly to be held
at least once in three years etc. Same endorsement.
2 pp. [C.O. 5, 1054. ff. 307-317, 318-324*;., 325r,-
3260., 327i>.]
AMERICA AND WEST INDIES.
255
1728.
Nov. 30. 496. Governor Lord Londonderry to the Duke of Newcastle.
st. Since [Sept. 18], I have visited Nevis and St. Christopher's
Christophers. an(J haye had the good fortunc to obtain a settlement by the
unanimous consent of the Legislature of both islands during
my Government. The amount in Nevis is 500 pr. annum
and the first, that Island ever made on any Chief Governour,
and that of St. Christophers is 2000 pr. annum, the same my
predecessor receiv'd etc. Has transmitted said Acts to the Lords
of Trade and asks for his Grace's good interpositions for the Royal
assent. Continues : On my arrival here I found the Councillors
of this island under the number seven, etc., and I have
accordingly appointed Mr. Wavell Smith, Secretary of the
Leeward Islands, one of the Council of St. Christophers. The
reason of my chusing this Gentleman, is that I find in the
records, several of his predecessors here had been appointed
of the Council to all the islands, particularly John Palmer by
warrant of 14th Jan. 1692 and Mr. Parsons etc. Prays that he
may be confirmed, " it being for H.M. service that an officer of
such importance should be of His Councils " etc. Continues :
I was surpriz'd to find His late Majesty's order, dated Nov.
30, 1726, directing the Chief Governour to put the Secretary
into possession of that branch of his office called the Register
of the Court of Admiralty etc. was not obey'd, notwithstanding
the Secretary made frequent application, to have it put in
execution. On my arrivall, I caused the said order to be
immediately obey'd etc. Signed, Londonderry. Endorsed, Rd.
Jan. 29th. 2 pp. [C.O. 152, 43. ff. 31-32*;. ; and (extract
relating to Councillors) 33.]
Nov. 30. 497. Lt. Governor Pitt to Mr. Delafaye. Encloses his
Bermuda, letter to the Duke of Newcastle (? 30th Oct.). Continues : I
called an Assembly which mett and satt, and after four days
sitting their speaker fell ill, and so continues without doing any
business, onely makeing one act for the preservation of the
fishery, which wee agreed too. But the first thing they went
upon was to vote for a Habeas Corpus Act with this title, An
act for the better secureing the liberty of H.M. subjects within
these islands, and preventing long imprisonment, cheifly drawn
or coppyed from an act passed in the island of Berbadoes in the
year 1697, and averred to be still in force there, which makes
me desierous to know, if in that regard any alteration should
be made in any other islands under H.M. Governmts. for my
better satisfaction in the affair, I have prorogued the Assembly
to the first munday in February next, and have in the interim
wrote to the Governour of Berbadoes, and New York, to know
how that or the like act, if any, has been passed in their Colony's,
or is now in force. I offered to the consideration of the Assembly
the prepareing an act to supply the country with small money
a great want whereof it now labours under, there being no less
256 COLONIAL PAPERS.
1728.
peece current then an halfe Royall, which by Queen Ann's
proclamation, confirmed by Act of Parliament is 4 pence this
country currency ; yet was this necessary proposal! rejected,
fearing as the majority pretended, that if copper halfe pence
were brought in here, they should soon be glutted with them,
which you may judge by the inclosed proposall. I have wrote
to Mr. Noden for this country by the consent of our Councill
here to gett a small summ, if an order from the King and Councill
can be obtained for them to pass, which wee think the easiest
way to convince them of their ignorance, and what loss may
acrew, I will take it to myselfe, most of this Assembly being
scared with a notion that they might be woods halfe pence
intended for Ireland, which Govr. Hope lay'd a scheme before
them to bring them into this country, but rejected by them. I
have ordered Mr. Noden our Agent to waite on you and know
your opinion with your assistance if it be to be done. Signed,
John Pitt. Endorsed, R. 14th Feb. 2 pp. Enclosed,
497. i. Proposall for purchase of halfe-pence. Suppose the
country to borrow 200 sterl. Allow 40 p.c. for ex-
change in Bermuda currency, 6 months interest at 8 p.c.
till the arrival oi the halfe pence, and agents commission
2| p.c. and insurance 2| p.c. Total, 305 4s. The
200 st. will purchase in the Tower of London of
English halfe-pence with the usuall allowance of 10
p.c. sterl., 220. Allow each halfe-pence to pass for
three farthings is 50 p.c. exchange on the whole, 110.
Total, 330. The advantage accruing to the Collony,
besides the conveniency to every inhabitants, is :
Allow the half-pence be lodged immediately in the
treasury, and vented by payment of the public debts,
the creditor allowing a discount of 10 p.c. for prompt
payment comes to 33. The difference on the pur-
chase and the vent is 24 16s. Total, 57 16*. Every
person being obliged to take the halfe-pence in pay-
ments, the forementioned sum will be sufficient for this
Collony, and the advance being so small no trader has
any encouragement to import any quantity, add the
vast advantage that will attend the subject, in haveing
small change, which on a moderate computation will
save at least 150 pr. annum. l pp. [C.O. 37, 29.
Nos. 2, 2.i.].
[Nov.] 498. Benjamin Whi taker, Attorney General S. Carolina, to
the Duke of Newcastle. Encloses following, " of which I can
produce the most full and authentick proofs if I was enabled
by an order to examine persons and send for papers. I need
not represent to your Grace the dreadfull events H.M. subjects
have to fear from a state of anarchy and confusion to which they
are now very near reduced, and how unable they are to defend
AMERICA AND WEST INDIES. 257
1728.
themselves agt. the enemies that surround them." Signed,
Benja. Whitaker. Endorsed, Rd. of Mr. Yonge, Nov. 1728.
1 p. Enclosed,
498. i. Articles relating to the conduct of Arthur Middleton,
President of S. Carolina etc. (i) Upon taking upon
him the administration, he neglected to take the oaths
for the observation of the Acts of Trade, whereby H.M.
Revenue hath greatly suffer'd and severall illegall
traders escaped with impunity, (ii) A few months
after he had ent'red on the administration he sold
several offices relating to the administration of Justice
and used many indirect artifices to extort money from
the purchasers, (iii) Contrary to H.M. orders, he
issued 30,000 in paper bills, which by law ought to
have been sunk, whereby the value of the said bills is
greatly lessened and the trading people of Great
Brittain much injured, (iv) To the great greif and
disappointment of H.M. good subjects, he wilfully
delayed proclaiming H.M. happy accession to the
Throne fourteen days after he had received orders for
that purpose, (v) When H.M. Council in June, 1727,
had directed warrants to the Provost Marshall to
apprehend several rioutous persons who intruded with
pistols into the Council Chamber and delivered a
seditious representation, Mr. Middleton privately and
without the advice or consent of the Council, ordered
the Provost Marshall to stop the execution of said
warrants, (vi) When A. Skene had committed to
prison Thomas Smith for riotous assembly etc. (v.
supra], he ordered him to be discharged without
hearing, in pursuance of a promise he made to an
Assembly of about 200 rioters with whom he so far
prostituted the dignity of Government and H.M.
authority intrusted to him as to treat, capitulate and
make terms notwithstanding there was two of H.M.
ships in the Government and many other good subjects
who offered and were ready to assist him on the
insurrection of the rioters, (vii) When proof was
made before him in Council that a number of armed
men were assembled together with their faces black'd
and disguised in order to kilt the Provost Marshall who
had warrants against them for levying the public taxes
raised for the support of H.M. Government, he ordered
the Treasurer to withdraw the said warrants etc.
(viii) He hath committed diverse other acts highly
injurious to H.M. Prerogative etc. Endorsed, Referred
to the Lords of the Committee of Council. l pp.
[C.O. 5, 387. Nos. 86, 86 i.]
C.P. XXXVI 17
258
COLONIAL PAPERS.
1728.
Dec. 4.
St. James's.
Dec. 4.
St. James's.
Dec. 4.
St. James's.
Dec. 4.
St. James's.
Dec. 4.
St. James's.
Dec. 5.
Whitehall.
499. Order of King in Council. Referring to Committee for
their report representation on charges against President Middle-
ton (v. 13th Nov. etc.). Signed, Ja. Vernon. Endorsed, Reed.
3rd, Read 15th Jan., 172*. 1 p. [C.O. 5, 360. ff. 84, 85v.]
500. Order of King in Council. Appointing Alexander
Forbes to the Council of Jamaica, in the room of Mr. Pusey.
Signed, Jas. Vernon. 1 p. [C.O. 137, 46. No. 54.]
501. Order of King in Council. Approving draught of
Commission for Governor Woodes Rogers. Signed, Jas. Vernon.
Endorsed, Reed. 3rd, Read 15th Jan., 172f. 1 p. [C.O. 23, 2.
ff. 182, 183*;. ; and 23, 12. No. 92.]
502. Order of King in Council. Referring to Committee
that part of the Representation of the Board of Trade 29th Nov.,
recommending the purchase of the Bahama Islands. Signed,
Ja. Vernon. Endorsed, Reed. 3rd, Read 15th Jan., 172|. 1 p.
[C.O. 23, 2. ff. 184, 185t>.]
503. Order of King in Council. Appointing A. Forbes to
the Council of Jamaica, as proposed by Council of Trade. Signed
and endorsed as preceding. l pp. [C.O. 137, 17. ff. 127.
127t>., 1280.]
504. Council of Trade and Plantations to the Lords of the
Committee of H.M. Privy Council. Pursuant to the Order of
19th Nov., etc., we find, that in the Colonies of New England,
New York, New Jersey, Connecticut, Rhode Island, Pennsyl-
vania, and in the County of Somerset in Maryland, the people
have fallen into the manufacture of woollen and linnen cloth,
for the use of their own families, but we cannot learn that they
have ever manufactur'd any for sale in any of the Colonies,
except in a small Indian town in Pennsylvania where some
Palatines have of late years settled. The reasons which may
be assign'd, why these people have begun this manufacture, are.
1st. That the product of these Colonies being chiefly stock and
grain, the estates of the inhabitants depend wholly upon
farming ; and as this cannot be carry'd on without a certain
quantity of sheep, their wooll would be entirely lost, were not
their servants employ'd at leisure times of the year, but chiefly
during the winter, in manufacturing it for the use of their
families. 2nd. Flax and hemp are likewise easily rais'd, and
the inhabitants manufacture them into a coarse sort of
cloth, bags, plough traces, and halters for their horses,
which they find, do more service than those they have from
any part of Europe. 3d. Those settlements which
are distant from water-carriage, and are remotely situated
in the woods, have no opportunities of a market for grain ; and
AMERICA AND WEST INDIES. 259
1728.
therefore, as they don't raise more corn than is sufficient for their
own use, they have more time to manufacture both wooll and
flax for the service of their families, and seem to be under a
greater necessity of doing it. Upon a further enquiry into this
matter, we don't find that these people had the same temptation
to go on with these manufactures, during the time that the
bounty upon Naval Stores subsisted, having then encourage-
ment to employ their leisure time in another way, and more
profitably both to themselves and this Kingdom ; For the height
of wages, and the great price of labour in general in America,
makes it impracticable for the people there to manufacture
linnen cloth at less than 20 pr. cent, more than the rate in
England, or woollen cloth at less than 50 pr. cent, dearer than
that which is exported from hence for sale ; But as the small
quantities which they riianufacture for their own use, are a
diminution of the exports from this Kingdom ; it were to be
wish'd that some expedient might be fallen upon to divert their
thoughts from undertakings of this nature ; and so much the
rather, because these manufactures in process of time may be
carry'd on in a greater degree, unless an early stop be put to
their progress ; and the most natural inducement that we can
think of to engage the people of America to desist from these
pursuits, would be to employ them in Naval Stores, wherefore
we take leave to renew our repeated proposals, that a reasonable
encouragement may be given for the making, raising and
manufacturing of Naval Stores, of all kinds in the Plantations,
from whence we may be furnish'd in return for our own manu-
factures, and much money might be sav'd in the balance of our
trade with the Northern Crowns, where these materials are
chiefly paid for in specie. If your Lordships shall be of the
same opinion, we beg leave to refer our selves to our Representa-
tion of the 20th of March last etc. But whenever the Legislature
shall be dispos'd to give prcemiums for this purpose, it might be
reasonable at the same time to prevent as far as may be, the
further growth of the woollen and linnen manufactures in the
Plantations by Act of Parliament. And notwithstanding pro-
vision is already made by the Act of 10th and llth K. William
to prevent the exportation of wooll out of the Kingdoms etc., that
no wooll, woollfells or woollen goods, etc. of the growth or
manufacture of any of the British Plantations in America, shall
be exported by land or water, out of the respective Plantations
where they grew or were manufactur'd ; yet we conceive, this
Law might be extended further. And altho' it might not be
reasonable to prevent the poor Planters who have not where-
withall to purchase British manufactures, from cloathing them-
selves by their own labour, yet in our humble opinion, it might
be adviseable to provide, that woollen goods made in the
Plantations, should not be expos'd to sale there. The like care
in our humble opinion should be taken to prevent the growth
260
COLONIAL PAPERS.
1728.
Dec. 5.
Whitehall.
Dec, 9.
Dec. 10.
St. James's.
Dec. 10.
Barbados.
of the linnen manufacture in the American Colonies, because
we are inform'd that some Palatines settled in Pennsylvania,
as aforemention'd, have lately made small quantities of linnen
for sale there. [C.O. 324, 11. pp. 136-142].
505. Council of Trade and Plantations to the King. There
was an Act passed at New Jersey in 1719 for running the line of
partition between the Eastern and Western Divisions etc. This is
an Act wherein private property is concern'd and therefore we
thought it would be of service to let the same lye by for some
time, that in case any persons should be aggrieved thereby,
they might have sufficient opportunity to lay their objections
before us ; but as we have receiv'd none, and as this Act will
be of advantage to the inhabitants of New Jersey in general by
settling their respective titles, we humbly lay the same before
your Majesty for your Royal confirmation. [C.O. 5, 996. pp.
254, 255.]
506. Copy of Warrant for Governor Rogers' Commission.
[C.O. 5, 194. ff. 495-512.]
507. H.M. Warrant appointing Alexander Forbes to the
Council of Jamaica, in the room of William Pusey, who has been
several years absent and is now in prison. Countersigned, Holies
Newcastle. [C.O. 324, 36. pp. 100, 101.]
508. Governor Worsley to the Duke of Newcastle. Refers to
letter o/28th Oct., advising his Grace that he proposed (v. 28th
Oct.) to let the Assembly sit 12th November, " but they not
making a House that day, the Member(s) present adjourned
them to the 19th of the said month, when they appointed a
Committee to prepare a bill to be laid before the House at their
next sitting, and the same day I laid before them H.M. 21st and
22nd Instructions (v. 8th Nov.) upon which, they adjourn'd
themselves, de die in diem, to their Clerk Mr. Warren's house,
till the 22nd when they adjourn'd to ye next day to ye house of
Mr. Willoughby Duffey where they generally meet to do business,
when they accordingly met and passed an Excise bill ; the 26th
the Council sat and made some amendmts. to the bill, the title
of which having been as usually, for laying a duty on wines etc.
for repairing the fortifications ; the Council thought fit to leave
that part of the title out, and in some clauses of the bill there
being this expression, " any law, usage, or custom to the
contrary notwithstanding," the Council thought it necessary
to amend the said bill by leaving out the word Law, in that
H.M. has commanded, in his Instructions to me, that no law
should be repealed by general words ; and as one of the uses
was for the payment of all such orders as are or shall be- issued
by the Governor or Commander-in-Chief by and with the advice
AMERICA AND WEST INDIES. 261
1728.
and consent of the Council for the entertainment of the Courts
of Grand Sessions etc., the Council thought fit to amend the bill
by leaving out the words, " upon an address from the General
Assembly " ; and the bill was accordingly sent down to the
Assembly, who the next day agreed to those amendments, when
they returned it to the Council, who immediately pass'd it, and
I gave my assent to it. The Assembly have taken particular
care for the payment of their officers, which paymts. are made
preferable, but your Grace will observe in this bill, there is no
use for repairing the fortifications, nor for the payment of H.M.
Attorney General, nor for the Storekeeper's accounts, nor for
the payment of the Clerk of the Council, nor for defraying the
expences of the Committees of Council. However as the bill
is now passed, the money arising by this tax will not be lost to
ye publick, and I have the honor to transmit it to your Grace."
Acknowledges Order in Council, 15th Aug. etc. Continues : In
obedience thereunto, I shall with the Council examine and settle
Mr. Whitworth's accounts, and shall then earnestly recommend
it to the Assembly for the immediate payment of what shall be
found due upon proper vouchers, and shall take the same care
of what is now or shal for the future become due to Mr. Whit-
worth, or his deputy, for such services. Encloses Minutes of
Assembly 13th Sept. 7th Dec. Signed, Henry Worsley.
Endorsed, Rd. Feb. 17th. 4 pp. [C.O. 28, 44. No. 130.]
Dec. 10. 509. Same to the Council of Trade and Plantations.
Barbados. Duplicate of preceding, mutatis mutandis. Signed, Henry
Worsley. Endorsed, Reed. 14th Feb., Read 20th May, 1729.
4 pp. [C.O. 28, 20. ff. 124-125^., 126i;.]
Dec. 10. 510. Mr. Fane to the Council of Trade and Plantations.
Report upon Act of Virginia, 1728, for laying a duty on slaves
imported. Refers to procedure on former acts of this nature and
Order in Council 30th April, 1724. Objects to this act that (i)
the Colony cannot subsist or be improved without large and
constant supplies of negroes. Experience has shown the fatal
consequence, of such duties, for from 1710 to 1718, when there
was such a duty, the number of negroes imported into Virginia
was very inconsiderable and those few sold at excessive prices.
So that laying a duty on negroes can only tend to make them
scarcer and dearer, the two things that for the good of our trade
and for the benefit of Virginia ought chiefly to be guarded
against, since it is well known that the cheapness of Virginia
tobacco in European marketts is the true cause of the great
consumption thereof, (ii) It affects the revenue of Great
Britain, for the crops of tobacco and therefore the amount
imported, must grow less for want of negroes, and the Act is
also inconsistent with the dependancy of Virginia on Great
Britain. For " these negroes are purchased by the British
COLONIAL PAPERS.
1728.
merchants on the coast of Africa in exchange of our own manu-
factures etc., and therefore for Virginia to lay a duty on negroes
so purchased is the same thing as laying a duty on the importa-
tion of British manufactures " etc. Signed, Fran. Fane.
Endorsed, Reed. 10th May, 1728, Read 21st May, 1729. 2| pp.
[C.O. 5, 1321. ff. 108-109*).]
Dec. 11. 511. Merchants trading to Virginia and Maryland to the
Council of Trade and Plantations. Reasons humbly offered
against erecting a light house upon Cape Henry in Virginia.
We apprehend it may be very detrimentall to our shipping
bound to Virginia and Maryland because of the lights that are
frequently made along the coast and inland by burning the
woods and other chance fires made in hunting &c. which happens
generally at the time of year when the ships are bound in and
should they be deceived by such lights which cannot certainly
be distinguished from a light house, it would probably be the
loss of many ships. The light can be of no service in foggy
hazy weather, to which the coast is subject, it not being then
visible, and in clear weather or any that is fitting for a ship to
stand into land, knowing the latitude they may safely run in
without it by the lead, which is an infallible guide to carry any
ship into good anchor hold, and afterwards the lights can be
of little use. Accidents would likewise probably happen if
ships being pritty sure of the latitude should, neglecting their
lead, run in to make the light, and by carelessness or for other
causes the light should not be visible, and there are many
instances of neglect of the lights even in the Brittish Channel!.
We do not know that any shipp ever miscarried for want of a
light on the Cape. Endorsed, Reed, (from Mr. Alderman Perry),
Read llth Dec. 1728. lpp. [C.O. 5, 1321. ff. 90, 90i;., 910.]
Dec. 11. 512. Mr. Robert Gary to Mr. Popple. I have beene
afflicted with ye collick in my stomack lately that I have not
beene out of doores but twice these three weekes, wch. prevents
me from weighting on ye Lords Commissioners etc. I believe
not any of ye Virga. merchants have any objection against ye
erecting a lighthouse if ye Maryland merchants joyne em.
Signed, Robert Cary. Endorsed, Reed., Read llth Dec., 1728.
Addressed, f p. [C.O. 5, 1321. ff. 88-89.]
Dec. 12. 513. Lord Townshend to the Council of Trade and Planta-
Whitehaii. tions. Having laid before the King the enclosed observations
etc., I herewith send them to your Lops, by H.M. command,
that you may take the same into consideration, and report to
H.M. what use may be made of these observations for the
benefit of H.M. Colonys in America. Signed, Townshend.
Endorsed, Reed. Read 31st Dec., 1728. 1 p. Enclosed,
AMERICA AND WEST INDIES. 263
1728
513. i. Sir William Keith to the King. Submits following
observations, " which were occasionally made in your
Majesty's and your Royal Father's service abroad "
etc. Signed, William Keith. 1 p. Enclosed,
513. ii. A short discourse on the present state of the Colonies
in America with respect to the interest of Great Britain.
After complimentary introduction, continues : When
Colonies are conquered or planted abroad, etc., it is
convenient to substitute little Provincial dependent
Governments, whose people by being infranchized, and
made partakers of the liberties and privileges belonging
to the original Mother State, are justly bound by its
laws, and become subservient to its interests, as the
true end of their incorporation. Every Act of a de-
pendent Provincial Government therefore ought to
terminate in the advantage of the Mother State, unto
whom it ows its being, and by whom it is protected, in
all its valuable privileges : Hence it follows that all ad-
vantageous projects, or commercial gains in any Colony,
which are truly prejudicial to, and inconsistent with,
the interest of the Mother State ; must be understood
to be illegal, and the practice of them unwarrant-
able, because they contradict the end for which the
Colony had a being, and are incompatible with the
terms on which the people claim both privilege and
protection. Were these things rightly understood
amongst the inhabitants of the British Colonies in
America, there would be less occasion for such
Instructions, and strict prohibitions, as are daily sent
from England to regulate their conduct on many points ;
the very nature of the thing would be sufficient to
direct their choice in cultivating such parts of industry
and commerce only, as would bring some advantage
to the interest and trade of Great Britain : They would
soon find by experience that this was the solid and true
foundation whereon to build a real interest in their
Mother Country, and the certain means to acquire
riches without envy. On the other hand where the
Government of a Provincial Colony is well regulated,
and all its business and commerce truly adapted, to
the proper end and design of the first settlement ;
such a Province like a choice branch springing from
the main root, ought to be carefully nourish'd, and
it's just interests well guarded ; no little partial project
or party gain should be suffer'd to affect it, but rather
it ought to be consider'd and weigh'd in the general
ballance of the whole State, as an usefull and profitable
Member ; For such is the end of all Colonies, and if this
use cannot be made of them, it would be much better
264 COLONIAL PAPERS.
1728.
for the State to be without them. It has ever been the
maxim of all polite Nations to regulate their Govern-
ment to the best advantage of their trading interest ;
wherefore it may be helpfull to take a short view of
the principal benefits arising to Great Britain by the
Trade of the Colonies. l mo - The Colonies take off
and consume above one 6th part of the woolen manu-
factures exported from Britain ; which is the chief
staple of England and main support of all the landed
interest. 2 do - They take off and consume more than
double that value in linnen and calicoes, which is either
the product of Britain and Ireland, or partly, the
profitable returns made for that product carryed to
forreign countries. 3 tio - The luxury of the Colonies
which increases daily, consumes great quantities of
English manufactur'd silks, haberdashery, household
furniture and trinkets of all sorts, also a very con-
siderable value in E. India goods. 4 to - A great
revenue is rais'd to the Crown of Great Britain, by
returns made in the produce of the Plantations,
especially Tobacco, which at the same time helps
England to bring nearr. to a ballance their unprofitable
trade with France. 5 to - These Colonies promote
the int. and trade of Britain by a vast increase of
shipping and seamen ; which enables them to carry
great quantities of fish to Spain, Portugal, Leghorne
etc.. furrz logwood and rice to Holland, where they
help Great Britain considerably in the ballance of
trade with those countries. 6*- If reasonably
encouraged, the Colonies are now in a condition to
furnish Britain with as much of the following com-
modities as it can demand vizt. masting for the Navy
and all sorts of timber, hemp, flax, pitch, tarr, oyle,
rosin, copper-oar, with pig and barr-iron, by means
whereof the ballance of trade to Russia and the
Baltick, may be very much reduced in favour oi Great
Britain. 7 mo - The profits arising to all these Colonies
by trade is return'd in bullion, or other useful effects to
Great Britain, where the superfluous cash, and other
riches acquir'd in America must center ; which is not
one of the least securities that Britain has, to keep the
Colonies alwaies in due subjection. 8 VO - The Colonies
upon the Main, are the granary of America, and a
necessary support to the Sugar Plantations in the West
Indies which could not subsist without them. By
this short view we may plainly understand, that these
Colonies can be very beneficially employ'd, both for
Great Britain and themselves, without interfairmg
with any of the Staple manufactures in England ; and
AMERICA AND WEST INDIES. 265
1728.
considering the bulk and end of their whole traffiek
'twere pitty that any material branch of it shou'd be
depress'd ; on account of private and particular
interests, which in comparison with these cannot
justly be esteem'd a national concern etc. We will
proceed to consider some of the most obvious regu-
lations on the American trade ; for rendring the
Colonies truly serviceable to Great Britain. l m -
That all the product in the Colonies for which the
manufacture and trade of Britain has a constant
demand, be enumerated among the goods which by
law must be first transported to Britain before they
can be carry'd to any other market. 2 do - That every
valuable merchandize to be found in the English
colonies, and but rarely anywhere else, and for which
there is a constant demand in Europe, shall also be
enumerated, in order to assist Great Britain in the
ballance of trade with other countries.- 3 tlo< That
all kinds of woolen manufactures for which the Colonies
have a demand, shall continue to be brought from
Britain only, and linnen from Great Britain and
Ireland. 4*- All other kind of European com-
modities to be carry'd to the Colonies (salt excepted)
entry thereof first to be made in Britain, before they
can be transported to any of the English Colonies.
5 to - The Colonies to be absolutely restrain'd in their
several Governments, from laying any manner of duties
on shipping or trade from Europe, or upon European
goods transported from one Colony to another. 6*-
That the Acts of Parliament relating to the trade and
Government of the Colonies be revis'd and collected
into one distinct body of laws, for the use of the
Plantations, and such as trade with them etc. From
what has been said etc., it is plain that none of the
English Plantations in America can claim an absolute
Legislative power within themselves etc. and cannot
be possessed of any rightful capacity to contradict or
evade the true intent of any Act of Parliament etc.
Argues that the institution of negative Councils has
contributed to the mistake of Governors and Assemblies
in fancying that they represent the King, Lords and
Commons. Continues : For so long as the King has
reserved to himself in his Privy Councill the considera-
tion of, and a negative upon all their laws, the method
of appointing a few of the richest and proudest men in
a small Colony, as an upper House with a negative on
the proceedings of the King's Lieutenant Governor,
and the People's Representatives, seems not only to
cramp the natural liberty of the subject there, but also
266 COLONIAL PAPERS.
1728.
the King's just power and prerogative ; for it often
happens that very reasonable and good bills etc., have
been lost etc. by the obstinacy of a majority in the
Council, only because such things did not square with
their private particular interest and gain, or with the
views which they form to themselves by assuming an
imaginary dignity and rank above all the rest of the
King's subjects etc. Proposes that the Councils should
be merely Councils of State to advise with the Governor
and be constant witnesses of all public transactions.
Considers the state of Civil Jurisdiction. Continues :
It is generally acknowledged in the Plantations, that
the subject is intitled by birthright unto the benefit
of the Common Law of England ; But then as the
Common Law has been alter'd from time to time and
restricted by Statutes, it is still a question in many
of the American Courts of Judicature, whether any of
the English Statutes, which do not particularly mention
the Plantations, can be of force there untill they be
brought over by some Act of Assembly in that Colony
where they are pleaded ; and this creates such
confusion, that according to the art or influence of the
lawyers and attornies before Judges who by their
education are indifferently quallified for that service,
they sometimes allow the force of particular statutes,
and at other times reject the whole, especially if the
Bench is inclinable to be partial, as too frequently
happens in those new and unsettled countries ; and as
men's liberties and properties in a country chiefly
depend on an impartial and equal administration of
Justice, this is one of the most material grievances
which the subjects in America have just cause to
complain of ; but while for the want of schools and
other proper instruction in the principles of moral
virtue, their people are not so well qualified, even to
serve upon juries, and much less to act upon a Bench
of Judicature ; it seems impracticable to provide a
remedy, untill a sufficient revenue be found out
amongst them, to support the charge of sending Judges
from England to take their circuits by turn in the
several Colonies on the Main, which if it be thought
worthy of consideration will appear neither to be
improper nor impracticable ; and untill that can be
done all other attempts to rectifie their Courts of Law
will be fruitless and may be suspended. Courts of
Chancery which are known to be necessary in many
cases to correct the severity of the Common Law,
seem to subsist there on a most precarious foot, for it
does not appear that there is a proper and legal
AMERICA AND WEST INDIES. 267
1728.
authority to hold such a Court in any of the Colonies ;
nevertheless by custom everywhere some kind of
Chancery is to be found in one form or other ; so that
when a rich man designs to contest anything in dispute
with his poor neighbour, if he can continue to bring
him into Chancery, he is sure the matter will rarely
or never be brought to issue, which on many occasions
proves an intolerable oppression, wherefore it is hoped
that so high a jurisdiction issuing immediately from the
Crown will in due time be put on a more regular and
certain establishment abroad. Militia. The people
in the Plantations are so few in proportion to the land
they possess, that servants being scarce and slaves so
excessively dear, the men are generally under a
necessity there to work hard themselves in order to
provide the common necessaries of life for their
families, so that they cannot spare a day's loss of their
time without great loss to their interest, wherefore a
militia there would become more burthensome to the
poor people than it can be in any part of Europe. But
besides, it may be questioned how far it would consist
with good policy to accustom all the able men in the
Colonies to be well exercised in arms ; It seems at
present more adviseable to keep up a small regular
standing force in each Province which might be
readily augmented for a time if occasion did require ;
and thus in case of war or rebellion the whole of the
regular troops might be without loss of time united or
distributed at pleasure ; and if a suitable revenue can
be raised for the defence and support of the Plantations,
it would be no difficult matter both to form and execute
a proper scheme of this nature. Land is so plenty,
and to be had so very cheap in America, that there is
no such thing as tenants to be found, for every man
is a tenant in fee of what he possesses, and only pays
a small quitt or ground rent, to the Lord of the soil,
and this makes it impracticable to find an Assembly
of such freeholders in any of the Colonies, who will
consent to lay any tax upon lands, nor indeed is to be
expected they should voluntarily agree to raise any
revenue amongst themselves, except what is absolutely
necessary for erecting and supporting Court Houses,
bridges, highways and other needfull expences of their
civil Government, which is commonly levy'd upon
stock, an excise on forreign liquors retail'd or a small
poll-tax ; and the publick there is generally in debt,
because they are extreamly jealous of attempts upon
their liberties, and apprehensive that if at any time
their publick treasury was rich, it might prove too
268 COLONIAL PAPERS.
1728.
great a temptation for an artfull Governour in con-
junction with their own Representatives to decide the
spoil and betray them etc. Continues : The wisdom
of the Crown of Great Britain by keeping its Colonies
{independent one upon another] is very much to be
applauded, for while they continue so, it is morally
impossible, that any dangerous union can be found
anongst them, because their interests in trade and all
manner of business, being entirely separated by their
independency, every advantage that is lost or neglected
by one Colony is immediately pick'd up by another ;
and the emulation that continually subsists between
them in all manner of intercourse and traffick is ever
productive of envies jealousies and cares, how to gain
upon each others conduct in government or trade,
everyone endeavouring thereby to magnifie their pre-
tention to the favour of the Crown, by becoming more
usefull than their neighbours to the interest of Great
Britain. But to render the Colonies still more con-
siderable to Britain, and the managemt. of their affairs
much more easy to the King and his Ministers at home,
it wou'd be convenient to appoint particular officers
in England only for the dispatch of business belonging
to the Plantations ; for often persons that come from
America on purpose either to complain or to support
their own just rights are at a loss how or where to
apply ; this uncertainty does not only fatigue the
Ministers, but frequently terminates in the destruction
of the party, by his being referr'd from Office to Office,
untill both his money and patience be quite wore out ;
such things in time may cool people's affections and
give them too mean an opinion of the justice of their
Mother Country, which ought carefully to be prevented,
for where there is Liberty the inhabitants will certainly
expect right, and still have an eye towards obtaining
it one way or other. It may be considered therefore
how far it would be serviceable to put all the Crown's
Civil Officers in the Plantations under the direction of
the Board of Trade, from whom they might receive
their several deputations or appointments, and unto
whom they ought to be accountable both for their
receipts and management, and if a particular Secretary
was appointed for the Plantation affairs only, or if
the First Lord Commissioner of that Board was per-
mitted to have daily access to the King in order to
receive H.M. commands in all business relateing to the
Plantations, the subjects application would be reduced
into so narrow a compass and the Board of Trade
would always be so perfectly acquainted in the King's
AMERICA AND WEST INDIES. 269
1728.
pleasure, that great dispatch might be given even to
those distant matters, without taking up too much of
the Ministry's time, and interfiering with other perhaps
more important business ; the people of the Colonies
would be pleas'd to find themselves thus equally
regarded, without giving one any undue preference to
another, and all the rents, customes, revenues and other
profits in any manner arising from the Plantations
would then center in one place, where another proper
member of the same Board might be appointed
Treasurer of that particular Revenue, to answer all
such orders as should be issued from time to time for
the Plantation service ; and as the revenue from
America would in all probability be encreasing daily,
it may reasonably be expected, that the expence of
paying the Board of Trade and other Officers wholly
employed in Plantation affairs, which is now born by
the Civil List, would then more properly arise and be
discharged out of the American fund, and the overplus
remaining would in time become a most usefull stock
for purchaseing of Proprietary lands, erecting forts, and
extending the present settlements as far as the Great
Lakes, or might be applyed to such other uses as H.M.
should think proper for that service. All that has been
said with respect to the improvement of the Planta-
tions, will signifie very little, unless a sufficient revenue
can be raised to support the needfull expence, In order
to which it is humbly submitted whether the duties of
stamps upon parchment and paper in England may not
with good reason be extended by Act of Parliament
to all the American Plantations. When we do but
cast an eye upon the vast tracts of land and immense
riches, which the Spanish Nation have in little more
than one century very oddly acquired in America, in
so much that the simple privilege of trading with them
on very high terms too, is become a prize worth con-
tending for amongst the greatest Powers in Europe,
surely we must on due reflection acknowledge, that the
preservation and enlargement of the English settle-
ments, in those parts, is of the last consequence to the
trade interest and strength of Great Britain etc. With-
out date, signature or endorsement. 27 pp. [C.O. 5, 4.
Nos. 37, 37i.]
Dec. 12. 514. Report upon the affairs of Carolina, Nova Scotia,
New England, Sir Wm. Keith's Memorial and the Royal
African Company. [ ? Possibly by Martin Bladen. Ed.] For
settling Carolina'. The Duke of Newcastle to direct the Lords
of the Admiralty to report to H.M. whether it may not be for
270 COLONIAL PAPERS.
1728.
the publick service, that a dock with store-houses, and magazins
for Naval Stores, provisions and ammunition should be erected
in Port Royal, or some other Port in South Carolina, and to
propose the necessary establishment and charge etc. The Duke
of Newcastle to direct the Board of Trade to prepare Com-
missions and Instructions for the persons whom H.M. has
appointed Governors of South and North Carolina etc. It might
be proper at the same time to referr to the Commrs. of Trade
copys of the agreement made with the Lords Proprietors of
Carolina, and of all other papers either in the Treasury, Secre-
tarys or Councill Office, relateing to the present state of these
two Provinces, that the Comrs. may be the better able
to judge what additional Instructions may be necessary for the
Governours for the new settling of these Provinces. If a dock
is to be establish'd in South Carolina, the Lords Commrs.
of Trade should be directed to prepare an Instruction for the
Governour, requiring him to give all possible assistance to this
undertaking, and likewise to represent to the Assembly what
an advantage it will be to their Province in particular, and
consequently how liberally they ought to contribute to so good
a design. Nova Scotia. For the importance of settling this
Province, and for the manner of doing it, be pleas'd to call for
the report of the Board of Trade of the 14th of May last, and
that of 7th June, 1727. The settling of this country will in time
raise a considerable revenue to the Crown, make a frontier
against our French neighbours, and draine great number of
inhabitants from New England, where they are daily aiming at
an independency and very much interfere with the trade of
their Mother Kingdom. These reports now lye before the
Councill. New England. By the last accounts from thence,
it would seem the Assembly there are determin'd not to comply
with H.M. last Order in Councill, relating to Mr. Burnet's salary,
and that they will abide the judgment of the Legislature in
Great Brittain. This being a matter of great consequence it
should be thought of in time, both as to the thing and the manner
of doing it, and Gentlemen should be early aprized of the King's
intentions. The Board of Trade should likewise collect (tho'
without a formal Order) the several instances of ill behaviour
in that Province, and the many particulars wherein they inter-
fere with the trade and interest of Great Brittain. Nothing
can effectually cure these evils but the repeal of their Charter,
and the providing some other way a salary for their Governour,
which may render him independent of so stubborn and seditious
a people. There are several other reports from the Board of
Trade in the Council and Secretary's Offices, besides those
mentioned in this Memorial. But these are the matters that
require most immediate dispatch. It would certainly be for
H.M. service that whenever a Councill is appointed for Planta-
tion matters, notice should be given to the Board of Trade that
AMERICA AND WEST INDIES. 271
1728.
some one Member or more of that Board might allways attend
the Councill (during my Lord Westmorland's absence from
Town) to give any information that may be wanting to
explain the subject matter of their reports. And if the Councill
would be pleas'd to set apart one certain day in every week for
Plantation affairs, for the first month only, and one day in a
fortnight afterwards, I am persuaded the business of the Colonys
would never be in arrear. Sir Wm. Keith's Memorial. The
substance of this Memorial is to propose that the Laws relating
to the Plantations should be collected under proper heads, which
is already done by the Secretary of the Customs, and that some
particular regulations should be established for the Plantation
trade, some of which are very unreasonable, and others are
already made or provided for by Instructions. To alter the
Constitution of the Colonys, by takeing away the share which
the several Councills there now have in their Legislatures as
separate bodys, representing the House of Lords in England,
which would be reducing them to the Scots and not to the
English standard, to consist of two branches only and not of
three. To send Judges to the several Colonys from England
well skilled in the Laws would be a very good thing if a fund
could be found out to pay them. To lay aside the Militia in the
Plantations and establish a standing force in their stead is
intirely chimerical, because no fund can possibly be found of
some ages in the Plantations to answer that end. To extend the
Stamp Duty to the Brittish Colonys in America, as supposing
that might raise a sufficient fund for the payment of the
Governour, Judges, Standing Army, etc. (which) is highly
improbable, tho' it is possible this duty might raise a consider-
able annual sum there under proper management, if it should
be adviseable to lay it, which can hardly be without renouncing
the King's right to the four and a half per cent, at present pay-
able in Barbados and the Leeward Islands. If a fund could be
rais'd for payment of Governours, and Judges, so as to make
them independent of the people it would be a very great work
done, and it has been thought a considerable summe might be
raised for those purposes by a duty upon East India goods
vended in the Colonys. I have seen some calculations upon
this subject. To redress the delays and ill-management the
Plantation affairs are now lyable to, he proposes that the Board
of Trade should be put upon another footing, and amongst other
things that the Head of that Board should have personal access
to the King, as the Chief of the Treasury and Admiralty have,
which is the same thing that was proposed some years ago by the
Board of Trade in their general report upon the state of the
Colonys. As to the African Company. Quotes Report of Board
of Trade, 17th March, 1727. Continues:! don't conceive
what fruit the African Company can hope from a reference to
the same Board upon their new petition etc. Advises that the
272 COLONIAL PAPERS.
1728.
Company be left at liberty to present their petition to the House
of Commons, and that the Ministry should then take such part
in it as may be most consonant to the reason of the thing, and
the inclination of the House. The reports of the Board of Trade
might then be ordered to be lay'd before the House etc. 21 pp.
[C.O. 323, 8. Nos. 102, 102 i ii ; and (enclosures only without
signature or endorsement) 5, 4. No. 37.]
Dec. 12. 515. John Lovick, Secretary of North Carolina, to the
NO. Carolina. Council of Trade and Plantations. Abstract. The long con-
tested affair of the boundary between Carolina and Virginia
having been settled and the line run in Oct. last, he transmitted
to the Lords Proprietors the Journals of the Commissioners, with
a plan of the boundary agreed to, " which I had no sooner done
than we had the joyful news that their Lordships had surrendered
their Province to H.M., which was received here with the most
universal satisfaction ; their Ldps. having for many years past
thought little of us, and their Governor Sir R. Everard by his
weakness and indiscretion had run us into the utmost confusion
and disorder and rendered the administration contemptible and
odious to allmost every person " etc. Sends duplicates of said
Journals and plan etc. Set out, N.C. Col. Rec. III. i. Signed,
John Lovick. Endorsed, Reed., Read 8th July, 1729. l pp.
Enclosed,
515. i. Journal of proceedings of the Commissioners for
running the line betwixt Carolina and Virginia, March
6 April 6th. With preliminary correspondence be-
tween Lt. Gov. Sir R. Everard and Lt. Governor Gooch.
Conclude : April 6th. This day the plans and
draughts of the line so far determined were inter-
changeably signed by the respective Commissioners
etc. (it having been decided to adjourn till the fall,
" the hot weather coming on and the season for snakes
and other vermin." The Commissioners for Carolina
hope it will be approved of by the Lords Proprietors
and give a general satisfaction to the country by ending
the dispute that has so long subsisted between the two
Govmts. and by making such large requisitions to their
Lordships' Country, when nothing less than coming to
the Wiccons Creek was depended on in Virginia, which
would have taken from what is now made this country
a tract of land 15 miles wide at Wiccons and so quite
back and a great many hundred families etc. And had
it gone a few miles more northernly that by taking
Nansemond River would have given us a port for
shipping tobacco which the Virginians by their hard
tobacco act have restrained, and would have made this
a large and most flourishing country." Signed, J,
AMERICA AND WEST INDIES. 273
1728.
Lovick, E. Moseley, W. Little, C. Gale. Same endorse-
ment. 32 pp.
515. ii. Continuation of the Journal of preceding, 20th Sept.
7th Oct., 1728. Alter running the line from Currituck
inlet to the Southern branch of the Roanoake river,
about 170 miles and near 50 miles without the inhabi-
tants, and being of opinion that it was run as far as
would be requisite for a very long time, and carrying
it further would be a needless charge, the Commis-
sioners for Carolina entered their protest against pro-
ceeding further and dissent from any bounds fixed by
the Virginians who desired to continue. Plans for the
boundary as far as they had gone were drawn and
mutually signed, 7th Oct. Signed as preceding.
Same endorsement. 9 pp.
515. iii. Memorandum of plan sent to the Lords Proprietors.
' Vide. Book of Maps." Same endorsement. I p.
515. iv. Address of the Council of N. Carolina to the King.
Secretaries Office. Dec. 12, 1728. It is with the
greatest pleasure we receive the notice of your Majesty's
having taken this Government under your immediate
direction etc. On this happy and joyfull occasion we
assure you that we, as well as the people in general,
are intirely devoted to your royal person and most
illustrious family etc. Beg leave to lay before H.M.
" the state of this unhappy Province, which tho' of
small accompt in respect of some others, yet of late is
very much improved," and we have the pleasing
prospect from that support of authority and encourage-
ment of our trade and commerce which we do promise
ourselves, now your Majesty has taken us under your
care, that it will soon become a flourishing Colony and
beneficiall to the Crown etc. " The government had
grown so weak, that without this alteration it could
not have subsisted much longer, but must have
dwindled and sunk into the utmost confusion and
disorder, and we cannot attribute the cause to any-
thing but the great incapacity and weakness of our
present Governor, whose behaviour is so extraordinary
that every day produces some extravagant action etc.
We feel oppression and arbitrary power,and assure our-
selves your Majesty will not suffer a person to preside
over us who has no other notions of Government, than
as it gives him power to act as he pleases etc. Represent
the following instances : (i) He frequently abuses the
Council when sitting ; if he proposes anything, let it
be ever so unreasonable or unwarrantable, it must be
done ; it we cannot approve of it etc., we are sure of
having the worst of language and threats etc., and after
C.P. xxxvi is
274 COLONIAL PAPERS.
1728.
that he generally leave the Board. He makes for him-
self what fees he thinks proper, though there is a table
of fees established by law, and notwithstanding the
Assembly and people in general have complained of his
exacting exorbitant fees, he still continues it etc., and
declared in open Court that he did not regard the laws
of the country at all. It is unexpressible the dayly
quarrels that happen about his family, which he seems
to make of more weight than the most important
affairs of Government ; and if he fancies any one is
not affected to him or his family (which is a pack of
rude children who give offence every day) they are
sure upon the least occasion to be severely prosecuted,
as very lately happened to a young Gent here, who
having disgusted one of the young ones, the Governor
took out an action of scandal against him, and laid the
damage for 5000 sterl. and gave strict orders to the
officer to put him into the common gaol, unless extra-
ordinary good security was found ; and withall gave
out menacing speeches, that he would see who would
dare to be the gentleman's bail, which frightened
many, but to prevent so harsh a thing, the Secretary
and Attorney General, at last after they had in vain
remonstrated, became bail, and thereby drew the
Governor's heaviest resentment upon them etc. After
this he would have this business examined in Council
etc. We found it only a very idle story of one of the
children and begg'd the Governor to drop it, but he
held the poor Gent to bail, till our General Court, and
then had not one word to say to it, etc. He has set up
a sort of Inquisition, and when anyone is noted down
for an offender, issues his orders or warrant for the
servants of the person to attend at his own house,
where they are interrogated upon oath before him and
his Lady (and if they boggle at the oath they are
threatned with the gaol) and the general questions
are what they have heard their master or mistress say
of the Governor and his family etc. Prosecutions have
been ordered from these examinations, and if such a
practice is not stop'd the consequence may prove very
fatal, it being a sure way to lead servants into perjury
etc. One of the Council undertook to advise the
Governour against such a wonderfull proceeding etc.,
for which he was assaulted by the Governour and
received the most injurious language that could be
uttered. At other times when he has puzled himself
with these family disputes and jarrs, he sends his
commands to the Chief Justice to committ or bind
over or whatever first comes into his head ; and if the
AMERICA AND WEST INDIES. 275
1728.
Chief Justice lets him know he cannot lawfully obey
him, then the Judge is immediately threatned with
the gaol and suspension etc. If anything is brought
into Court that concerns even the meanest of his
servants, he is sure to be present ; and if the Court
will not act just in the manner he would have them he
immediately puts on a face and lets them know he is
Governor, and will protest against their proceedings,
and then affronts and abuses them upon the Bench,
which exceedingly discourages the Court and spirits
on others to do the like, and weakens their authority
etc. Very lately there being a miscreant prosecuted
for cursing your Sacred Majesty and traducing your
Government, upon whose tryal the Governor suffered
his son (as profligate a creature as the criminal) to be
of Council for him ; when just as the Judge was going
to pronounce sentence, and was telling him the
heinousness of his crime, the Governour rush'd into
Court and pretending he had business of his own,
interrupted the Judge and menaced the Court for not
breaking off the business they were upon, to hear him.
This instance we should not have been so particular
in, if we had not the most convincing reasons before
to believe he had not that duty and affection for your
Majesty etc. all good subjects ought to have ; for he
has had the weakness as well as wickedness to boast
of his being concerned (tho' not publickly known) in
the Preston rebellion, and it has been with some
difficulty he has been prevented from signalizing the
tenth of June with us ; and on the much lamented
news of the death of our most gracious Sovereign Your
royal Father of glorious memory, he with the greatest
exultation said upon it with an oath, Then Adieu to the
Hannover Family, we have done with them etc. Pray
for relief from such a Governor etc. Signed, Wm. Reed,
Tho' Pollock, C. Gale, Tho. Harvey, Jno. Palin, Richd.
Sanderson, Francis Foster, Robert West, J. Worley,
Edmd. Gale, J. Lovick. Same endorsement. Copy
(the original sent to the D. of Newcastle). 9 pp.
[C.O. 5, 1267. ff. 38, 38v., 39v.-55v., 56v., 58-62i;.,
QSv.-QS, 69u.]
D 15 516. Jer. Dunbar to David Dunbar. Proposes to go to
Boston. ' Casco Bay and seize timber illegally cut down, as soon as the
snow falls etc. Signed, Jer. Dunbar. Copy. If pp. [C.O. 5,
898. No. 50.]
Dec. 16. 517. Arthur Slade to David Dunbar. Soon after my
Boston. arrival in Boston I took my progress through the woods and
276 COLONIAL PAPERS.
1728.
find the woods in N. Hampshire allmost destroy'd, so that if
our Instructions be not supported by an Act of Parliament
forbidding the cutting of white pine trees of any dimentions
whatever, as well in townships as out of townships, H.M. in few
years will have but a small supply of masts out of this Province ;
1 proceeded into Maine and so to Casco Bay where the America
was loading with masts for H.M. yards. This Province abounds
with plenty of white pine trees and white oaks growing on a
blewish clay, preferable for plank to any H.M. yards is suppl'yd
with from the Eastern parts. I heartily wish the Government
would make an experiment therein. Desires to know whether
these white oaks fit for H.M. service are not also to be preserved
etc. Asks him to represent to the Admiralty that he may have
travelling expenses like former Surveyors etc. Continues :
Here is a ship of 400 tuns at Piscadaway loading with fine
kelson pieces 4in. and Sin. plank, the kelson pieces are from
70 to 50 foot long fine white oak timber and plank preferable
to any serv'd into any of H.M. yards in England, this ship loads
twice a year to Spain. Suggests that, It would be more for H.M.
interest to reserve such fine long timber for H.M. own use,
which is and will be so much wanted in England etc. Proposes
to visit Casco Bay etc. A small schooner will be needed to
attend them in Nova Scotia. Signed, Aurthur Slade. Copy.
2 pp. Enclosed,
517. i. Account of (34) masts (8) bowsprits and (20) yards
shipped for H.M. service on board the America, and
of others cut and marked in the woods of Maine.
Copy, f p. [C.O. 5, 898. Nos. 51, 51 i.]
Dec. 16. 518. Governor Worsley to the Duke of Newcastle. Refers
Barbados, to enclosures. Continues : The Assembly the 7th instant did
at last condecend to send two Members to me, it being the first
time they have done it for this year and half last past, to know
my pleasure to what time they should adjourn, whereupon I
adjourned them to this day, when they sent again two other
Members to know my pleasure to what time they should be
further adjourned ; unwilling to give them any occasion of
saying I have harrased them, and finding, that as the Holydays
were near, they had a mind to have a little respite, I adjourn'd
them to the 17th of the next month. 'Tis surprizing to me to
find the Assembly can complain of long adjournments, which
has prevented them from proposing any bills for the advantage
of trade, when-the very Minutes of this Assembly will shew how
often they have adjourn'd themselves, without proposing any
bill for that end. Signed, Henry Worsley. 2 pp. Enclosed,
518. i. List of (13) causes at the Grand Sessions of Barbados,
10th 12th Dec., 1728. Signed, Wm. Coulthred,
Dept. Cl. Coron. I p.
AMERICA AND WEST INDIES. 277
1728.
518. ii. Address of the Grand Jury, at the Grand Sessions of
Barbados, 10th 12th Dec., 1728, to the King. Express
affection and gratitude to their glorious Benefactor,
especially for continuing Governor Worsley, whose
enemies themselves must allow to be free from those
vices and corruptions some others have been thought
too much tainted with etc. Signed, as No. iv. 1 p.
518. iii. Address of Same to Governor Worsley. Express
satisfaction at the renewal of his very just, equal and
mild administration etc. Commend his religious care
to support the prerogative of the Crown, whilst strictly
preserving all those libertys and priviledges which the
people here derive from it etc. Same signatures. 1 p.
518. iv. Address of Same to Chief Justice, Samuel Barwick.
Return thanks for his services, which justify H.E.'s
appointment of him etc. "As an instance, we ought
not to forget that recent one of your Honour's adhering
with an unalterable resolution to the express words
of his Most sacred Majesty's Royal Instructions in a
matter that immediately concerned the Prerogative
of the Crown, as being well assured that an attempt
to make the least invasion of that sort, would so far
tend to subvert our happy establishment, and render
us unworthy of those glorious privileges and advantages
which we have hitherto enjoyed etc. Your Honour's
conduct is a proof that persons of the largest possessions
(provided they are endued with probity and honour)
will always have the true interest of it at heart " etc.
Signed, John Lewis, Robt. Taylor, Will. Taylor, Wm.
Goddard, John Todd, John Griffith, Tho. Bedford,
Edwd. Lovell, John Pollard, Saml. Barwick jr., Joshua
Ewing, Tho. MacColloch, Joseph Francklin, Thorn.
Hayes, Phillip Rudder, Joseph Pinge. 1 p.
518. v-vii. Duplicates of Nos. ii-iv. [C.O. 28, 44. Nos.
131, 131 i-vii.]
Dec. 16. 51 9- Governor Worsley to the Council of Trade and Planta-
Barbados. tions. Duplicate of preceding, mutatis mutandis. Signed,
Henry Worsley. Endorsed, Reed. 19th Feb., Read 20th May,
172f . 2 pp. Enclosed,
519. i-iv. Duplicates of encl. i-iv supra. Endorsed, Reed.
19th Feb., 172|. [C.O. 28, 20. ff. 127, 127z;., 128t;.-
Dec. 17. 520. Paul Richard to George (Charles) Delafay. Announces
New York, death of Col. John Riggs from plurisy. Capt. Richard Riggs
immediately went to weight upon H.E. at Burlington for a
commission to succeed him etc., and goes to England to solicite
vour favour in having it confirmed for the good of the family
278
COLONIAL PAPERS.
1728.
Dec. 17.
Whitehall.
Dec. 18.
Whitehall.
Dec. 18.
Dec. 19.
Dec. 19.
Charles
Town.
Dec. 19.
Whitehall.
etc. Signed, Paul Richard. Endorsed, R. 19th Feb. Addressed.
I p. [C.O. 5, 1092. No. 71.]
521 . Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, Act of Antigua, 1728, for making a settlement on
H.E. the Rt. Hon. Thomas Earl of Londonderry, during his
government and personal residence etc. [C.O. 153, 14. p. 406.]
522. Same to Same. Asks for opinion, in relation to clauses
5 to 7 of Act to encourage the trade to Newfoundland, what title
the possessors may have to any houses, stages etc. which they
claim by vertue of clause 7 ; whether they have an inheritance
therein, or only an estate for life, and whether the same be
alienable ? [C.O. 195, 7. pp. 156, 157.]
523. Governor Montgomerie to the Duke of Newcastle.
Acknowledges Instructions relating to Surveyor General of the
Woods and form of prayer for the Royal Family. Encloses
copy of his letter to the Council of Trade and Plantations.
Continues : If your Grace approves of this way of transmitting
my informations I shall continue it etc. Col. Riggs Capt. of one
of the Companies here being dead, I have ordered Richard Riggs
the Capt. Lieut, to be posted in his place, and Charles Congreve
to be Lieut, to my Company. Prays his Grace to recommend
them for commissions etc. Signed, J. Montgomerie. Endorsed,
R. Jan. 13th. Holograph. 2 pp. Enclosed,
523. i. Duplicate of letter to Council of Trade, 30th Nov.,
1728. 7 pp. [C.O. 5, 983. ff. 10, 10v., llv-18v.]
524. Mr. Fane to the Council of Trade and Plantations.
Reply to No. 522. I am of opinion that by the words of this
clause an estate for life only passes to the possessors and conse-
quently a right of alienation only for that interest, for reasons
given. Signed, Fran. Fane. Endorsed, Reed., Read 19th Dec.,
1728. l%pp. [C.O. 194, 8. ff. 183, 183v., 184i;.j
525. President Middleton to the Council of Trade and
Plantations. Expresses his hearty concurrence with the Council
in all their proceedings described in their Representation to the
King, which, he presumes, will be referred to them etc. v. July
2, 1729. Signed, Ar. Middleton. Endorsed, Reed. 1st. April,
Read 16th July, 1729. 1 p. [C.O. 5, 360. ff. 155, 156i;.]
526. Council of Trade and Plantations to the Duke of
Newcastle. His Grace the Duke of Montague having laid
before us the copy of a letter which he received from Barbados
in relation to Sta. Lucia, and to the consequences which are to
be feared, from the French King's subjects taking possession of
that Island, enclose extract thereof for H.M. directions upon a
AMERICA AND WEST INDIES. 279
1728.
matter of so great importance to his Sugar Islands in America.
Autograph signatures. 1 p. Enclosed,
526. i. Extract of letter from John Bennet to the Duke of
Montagu. Barbadoes, 14th Sept., 1728. Concludes ;
(after compliments], I am able to give the strongest
reasons in the world, that if we don't secure that
island [Sta. Lucia], we shall be outed of all the
Charibbees, and consequently of the whole sugar
trade. The French be they never so good allies, are
the only persons that we are to dread in those parts.
Copy. 1 p. [C.O. 253, 1. Nos. 36, 36 i ; and
(without enclosure) 29, 15. p. 105.]
Dec 20 527. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following, to be laid before H.M. Auto-
graph signatures. 1 p. Enclosed,
527. i. Same to the King. In reply to 18th Oct., represent
that, the Fishery of Newfoundland ever since your
Majesty's subjects have been possess 'd of it, has been
esteem'd a very important branch of the British
Commerce, it has constantly been the object of the
Government's care, has frequently been regulated by
Orders in Council and Royal Charters, sometimes by
Acts of Parliament, and very particular Instructions
are annually given to the Commodores appointed to
attend that station for the good Government and
regulation of this Fishery. But as my Lord Vere
Beauclerk very justly observes (Oct. 18), the ill conduct
of the Garrison, the disorders of the Inhabitants, the
pretentious set up to the best fishing stages under
colour of a certain clause in the Act of the 10th and
llth Wm. Ill, and of titles purchased from the late
French inhabitants at Placentia since the Peace of
Utrecht, by permission from her late Majesty Queen
Anne in exclusion of the fishing ships, the want of
sufficient powers in the Commodore for enforcing the
several provisions made by the aforesaid Act, and the
general contempt of the authority vested by law in
fishing Admirals (who are the Captains of fishing
ships first arriving in the respective harbours) have
reduced the Fishery to a very bad condition, and unless
proper remedys be applyed in all probability, we shall
in time be entirely deprived of those advantages the
Nation has heretofore reap'd from this trade, which
besides the profitable returns it has brought us home
from foreign markets has been a considerable nursery
for sailors and a main support to the British
Navigation. Complaints of this nature we have
frequently received from the Commodores upon the
280 COLONIAL PAPERS.
1728.
Newfoundland Station, and we have not been wanting
in our endeavours to prevent so great a damage to the
Kingdom, as the loss of this Fishery would be, by
representing from time to time the declining state it
was in, and by offering such methods as in our opinion
might best contribute to redress the disorders it now
lyes under, more particularly by our reports etc. March
2, 1716, and Dec. 19, 1718 etc. (enclosed and described).
From these reports, your Majesty may be inform'd
that whilst this trade was in a flourishing condition,
it was carryed on by Merchant Adventurers only,
chiefly from the Western parts of England, that the
sailors' wages depended intirely upon the success of
the voyage, which ingaged their utmost industry in
the Fishery, and the vessels clearing for Newfoundland
being obliged yearly to carry out a certain proportion
of green men, who had never been before at sea, this
trade did greatly encrease the number of our sailors.
But these laudable customs have of late been too
much neglected to the great detriment of our Trade
and Navigation, and one half of this Fishery is at
present in the hands of people whose labours do not
redound so much as they ought to do, to the advantage
of Great Britain. For in process of time certain
persons who had no share in the fishing ships, tempted
by the advantage arising from this trade, began to
embark as passengers with their servants and purchase
boats to fish in on their own account in Newfoundland,
for which reason they were and still are call'd by-boat-
keepers ; and these people pay but small regard to the
fishing laws. The inhabitants likewise of Newfound-
land settled there under the protection of sundry
proprietors to whom the Kings of England have
formerly made grants of different parts of that island,
have long had a share in this Fishery ; for your
Majesty's Royal Ancestors ever since the reign of King
Henry the Seventh have been the lawfull Lords of
Newfoundland, notwithstanding the several pretentions
and encroachments of foreign Nations. As the fishing
ships, sometimes have not been able to export to
foreign markets all the fish made by their own boats,
and much less what has been taken by the by-boat-
keepers and inhabitants, it became necessary that
other vessels should attend for that service and these
were called sack ships, for it is computed that the
by-boat-keepers and inhabitants do, communibus annis,
catch as much fish as the merchant adventurers. And
there is no manner of doubt that the coast and banks
of Newfoundland under proper regulation might afford
AMERICA AND WEST INDIES. 281
1728.
a sufficient harvest, to reward the industry of all
persons any ways concern'd in this Fishery. But by
the annual returns by the Commodores upon this
station we find that these different interests too fre-
quently clash and are detrimental to each other, that
the Garrison likewise contrary to your Majesty's express
Instructions interfere in the Fishery, that the soldiers
retail great quantities of strong liqouers whereby the
sailors and fishermen are debauch'd ; that the inhabi-
tants for want of persons properly impower'd to
administer justice amongst them in the winter season,
frequently pull down the stages erected by the fishing
ships, destroy the woods and live in a perfect state of
Nature without regard to laws, divine or humane,
that most of the regulations of the Act of 10th and llth
Wm. Ill, for want of penaltys to enforce their
execution are become of no effect, that the conduct
of the inhabitants and by-boat-keepers is in many other
respects highly detrimental to this trade, more particu-
larly, for that by their means, wages, and consequently
the price of fish, annually increases, and that consider-
able numbers of our saylors are every year inticed away
to New England by the Factors of that country residing
in Newfoundland, who have premiums allow'd for that
purpose, and make exorbitant advantages of the
necessity the inhabitants are under, whereby this
Fishery which in it's first institution was wisely in-
tended to be a nursery of sailors for the service of Great
Britain, far from answering that end, is becoming a
dangerous drain from the Mother Kingdom to encrease
the shipping of a Colony negligent of the Laws of
Trade and Navigation, frequently encroaching upon
your Majesty's Royal Prerogative, and too much
inclined to Independence. These disorders demand a
speedy cure, and an entire one cannot be had without
assistance from the Legislature ; for which reason by
our report of 19th Dec., 1718, this Board humbly
offered to his late Majesty certain proposals calculated
for that purpose, a copy whereof we now etc. humbly
submit, that in case the same or any part of them
should be approved by your Majesty, timely care may
be taken to prepare a bill to the like effect, and leave
obtain'd for bringing the same this session into Parlia-
ment. There are some particulars however that may
be corrected by your Majesty's own authority without
the interposition of Parliament, namely the irregularity
of the Garrison, and the great disorders committed in
the winter season by the inhabitants. As to the
present Lieut. Governor of Placentia he has given so
282 COLONIAL PAPERS.
1728.
many occasions for complaint, that this Board has
more than once reported their opinion of his conduct ;
and we would humbly submit, whether it be for your
Majesty's service that so disorderly a person and so
regardless of your Royal Instructions should be
permitted to continue any longer in that employment ;
and so much the rather because in addition to the
many irregularities committed by Mr. Gledhill, we
find by some returns this year from the Western
Corporations that he has of late entred into the
building of ships in Newfoundland, with timber cut
out of your Majesty's woods there, which is an offence
of very pernicious consequence, and if a speedy stop
be not put to it may in time cause so great a destruction
that there will not be timber sufficient left to build
stages and cook-rooms for the Fishery. But as his
removal, in case your Majesty should supersede him,
will not cure the evil complained of with respect to
the behaviour of the Garrison in general, and as we
are of opinion that it may be for your Majesty's service,
that a Garrison should continue at Placentia, where
fortifications have already been erected at a great
expence which, under due management, might not
only maintain your Majesty's right of possession there,
(too apt to be encroached upon by our French neigh-
bours) but likewise in time of war by any foreign
Power be a great protection to the Fishery ; we have
consider'd how your Majesty's forces there may be
reduced to better order and made more subservient
than they are at present to the ends for which they
were sent thither. And as it appears to us that one
of the principal reasons why so little regard is pay'd
to your Majesty's Instructions there is. that the Lieut.
Governor of Placentia holds himself accountable to none
but your Majesty, and thinks himself perhaps secure
in being so far removed from your Royal inspection,
it would seem necessary, that there should be some
cheque or comptrol upon his conduct, and none in our
humble opinion could be so proper as the Commodore
annually appointed for this station, which might put an
end to that competition between your Majesty's land
and sea forces, and in great measure, if not entirely
prevent the disorders at present charged upon the
Garrison, who by this means would become accountable
to an Officer incapable of sharing in the profits arising
from a connivance at their irregular behaviour, neither
are we without precedents in this particular, several
Commodores upon the Newfoundland station having
heretofore, during their continuance there, been
AMERICA AND WEST INDIES. 283
1728.
appointed Governors of that Island and Commanders
in Chief both of the land and sea forces. And if the
Commodores were sufficiently impowered to appoint
Judges and Justices of the Peace to decide disputes
between the inhabitants and distribute justice amongst
them, during the winter season, the miserys of these
unhappy people might be much abated, which are
great enough from the rigour of the climate and
barenness of the soyl (incapable of affording them
sustenance) without these additional evils, arising
from the state of anarchy they live in. For which
reason, as well as in consideration of the damage they
frequently do the Fishery, your Majesty's Royal
Predecessors have not given them much encourage-
ment to continue there, and regular Governors as in
other Colonys have very seldom been appointed for
them, notwithstanding many attempts for that
purpose in opposition to the fishing interest. In our
opinion these poor people should rather be encouraged
to settle in Nova Scotia, they are about 3000 in number
with their wives and children, and might be of some
service both to your Majesty and to themselves in
that country, where inhabitants are greatly wanted.
By the clause already mentioned in the Act to encourage
the trade to Newfoundland provision is made for
possessors of fishing stages, which had not belonged
to fishing ships since 1685, her late Majesty Queen
Anne likewise was pleas'd to give leave to the French
inhabitants at Placentia, after the Treaty of Utrecht,
to dispose of their houses, plantations, and fishing
stages to such persons as should be disposed to purchase
them ; and under these two pretentious so many of
the best fishing stages are forestalled by the inhabitants
in the most considerable bays, that the fishing ships
have frequently been oblig'd to pay considerable rents
for them, which is a tax upon that Fishery that ought,
if possible, to be remov'd, in all probability if these
titles were duly inquired into, as several doubts occur
upon the explanation of this Act, many of them would
prove defective, and the stages might be again restor'd
to the publick, for which reason we would humbly
propose that some person skilPd in the Law might
attend the next Commodore and assist him to inquire
into them in your Majesty's behalf ; the same person
might likewise be usefull in forming some regulations
for the better Government of the inhabitants, during
the winter season so long as they shall continue there.
And as nothing can so much conduce to the good
Government of any Society as the propagation of
284 COLONIAL PAPERS.
1728.
virtue and religion, we would humbly submit whether
it may not be proper that the Lord Bishop of London
as Ordinary of the Plantations should be directed to
send a Clergyman of the Church of England to New-
foundland for that purpose, whose sallary (if needful)
may be added to the establishment of the Garrisons of
Placentia. [C.O. 195, 7. pp. 157-175 ; and (covering
letter only) 194, 23. No. 35.]
Dec. 25. 528. Petty expenses of the Board of Trade from Michaelmas
to Christmas. 6 pp. [C.O. 388, 79. Nos. 35^38.]
Dec. 26. 529. Governor the Earl of Londonderry to the Council of
Nevis. Trade and Plantations. The following is a duplicate of a
paragraf of the letter I did myself the honour to write to you
of the 30th Sept. last, relating to the bill, now I presume before
your Lordps., for ascertaining the number of Assemblymen to
represent the French lands of St. Christophers, and I give your
Lordps. the trouble of this purely (as I think my duty) to lay
before you in the best manner I can, the points which I conceive
to be in it contrary to H.M. Instructions, and therefore I take
the liberty to observe that that act and the Vestry act passed
just before it, has in some degree introduced a new frame of
Government, the one of which divides the whole island into nine
parishes, and the other settles the right of elections of members
to serve in the Assembly, and doubles their former number.
The Act for ascertaining the number of Assemblymen is in
many things I conceive contrary to H.M. Instructions, and to
the laws of England, and to that Island etc. First I conceive
it to be a law of a very new, and extraordinary nature, and there-
fore ought not to have been pass'd, without a suspending clause
till the King's pleasure should be known. Next, it confer'd a
right to persons to elect and be elected to serve in Assembly,
who were not freeholders, when no such thing had ever been
practized before in that, or any other islands of this Govern-
ment, which was I conceive against the express law of all of them
as well as the King's Commission that allows that priviledge
to none but freeholders. It likewise allows a right to denizens
to be elected, which was directly contrary I conceive to the laws
then in being in that island and to the laws and usuage of
Parliament in Great Britain. It also repealed a particular law
of that Island, and therefore by the King's Instructions ought
not to have taken effect untill H.M. pleasure had been known
upon it. It likewise disables almost all the King's servants
in that Island from serving in Assemblys or concerning them-
selves about the choice of Assemblymen, which I apprehend
will prove of great prejudice some time or other to H.M. service
there. The other law called the Vestry act etc., which is only
prefatory to this, is so obscurely and ambiguously worded, that
AMERICA AND WEST INDIES. 285
1728.
it will probably be the occasion of many disputes, and
contentions in the Vestrys, and likewise on elections for
Assemblymen ; for instead of describeing the bounds of the
Parishes by mens possessions (which would have been the most
obvious, and intelligible way) it describes them by geometrical
lines which few persons are capable of apprehending. And
besides it is done I conceive by such uncertain words that
many disputes have already arisen, and most people are at a
loss to find out the bounds of many of the parishes. My Lords,
as the approveing or not approveing this law, will not make
me one jot more easy or uneasy in my Government, so I am
indifferent about the fate of it ; but the regard which ought
alwayes strickly to be had to H.M. Instructions makes me think
it an indispensible duty on me to lay this before your Lordps.
Corrects statements in end. i, for the Assemblies were annual
before and the writs by this act are issued as usual, only that
the Chief Govr. is now obliged to direct them to Councillors
according to seniority ; and before he was left at large to direct
them to any of the Councillors as he thought fitt etc. Signed,
Londonderry. Endorsed, Reed, llth, Read 28th March, 1729.
5 pp. Enclosed,
529. i. Extract of letter from Same to Same. Antigua, 30th
Sept., 1728. I should be very much obliged to your
Lordships if I could soon know your opinion of above-
mentioned Act etc. For tho' 'tis highly necessary that
that part of the Island should be represented, yet I
cannot but conceive the methods prescribed by the
bill must be liable to many objections, as they clash
with H.M. Instructions ; for etc. there are contained
therein sundry things of a very new and extraordinary
nature, such as ascertaining the number of Members
to be elected, how many each town or district shall
return, excludeing the King's Officers, even those who
have patents for life, and laying them under severe
penaltys if they meddle in elections, the makeing the
Assembly annual, and prescribing the manner of
issueing writts contrary to their usual practice ; and
contrary to that of the other islands of the Govern-
ment, with a great many such like things, wherein
the King's prerogatives may be greatly concerned.
Wherefore I apprehend that bill ought not to have
taken place, till confirm'd by H.M., and as I shall be
very unwilling to call an Assembly there under that
law till I know yr. Lordps'. opinion about it, I question
not, but I shall have the honour of your answer as
soon as possible. If pp. [C.O. 152, 17. ff. 23-26i;.]
Dec. 30. 530. Richard Lightfoot to the Council of Trade and Planta-
Barbados. tions. Encloses " a list of those people which Mr. Worsley
286
COLONIAL PAPERS.
1728.
and his trusty friends have been pleased to pick out from ye
of scourings of ye people to serve as Grand Jury men, and to
address his most sacred Majesty " etc. I have sett down two
Genteilemen who were made of ye petit Jury whose estates
will purchase all ye Grand Jury, and a list of seventeen who were
thought not propper to serve because they were persons of great
estates and men of worth, and honour. This serves only to
shew your Lordships how easy tis to represent ye generallity
of ye island a factious discontented murmuring people and
render them undeserving of H.M. favour etc. Signed, Richd.
Lightfoot. Endorsed, Reed. 7th March, Read 20th May, 1729.
2 pp. Enclosed,
530. i. List of those who were thought proper and improper
to serve on the Grand Jury for the Sessions of 10th
Dec., 1728, with the number of negroes owned by each.
The former, totalling 17, owned 246 negroes amongst
them, whilst two members of the Petty Jury, Othniel
Haggot junior (170) and John Lyte (75) owned that
number. Seventeen gentlemen who were not summoned
to serve on the Grand Jury and are not members of the
Council or Assembly are named, who owned altogether
6339 negroes as follows : Samuel Osborne (1000
negroes and 10 women), Alexander Walker (548 and
6), Conrade Adams, Joseph Dottin, John Alleyne,
John Ashley, John Gibbons, Burch Hothwell, Robert
Warren, James Hannay, John Holder, Thomas Davers,
Thomas Maxwell, James Hasell, Robert Jona.
Osbourne, Thomas Merrick, Abell Alleyne. Endorsed,
Reed. 7th March, 172$. 1 p. [C.O. 28, 20. ff. 133,
134-135, 1860.]
Dec. 31. 531. Mr. Popple to Mr. Fane. Encloses, for his opinion in
Whitehall, point of law. act of Virginia, to enable William and Thomas
Farrer to sell certain entailed lands etc. [C.O. 5, 1366. p. 11.]
Dec. [ ].
Whitehall.
532. [Duke of Newcastle] to Lt. Governor Gooch. Acknow-
ledges receipt of letter etc. of June 9. Continues : The Acts
of the Assembly will be laid before H.M. in Council, assoon as
they have pass'd the consideration of the Lords Commrs.
of Trade. I have moved H.M. in the case of Sarah Williamson
etc. Encloses copy of H.M. Warrant for inserting her in the
next Newgate pardon etc. As to the petition concerning
stemmed tobacco, can say nothing on that head till it has
undergone a proper examination. Concludes : I have laid
before the King your request, that you may be allowed to
accept a present of 500 currt. money of Virginia etc. ; but in
regard there is so clear and explicite an article of your Instruc-
tions forbidding you to receive any gift from the Assembly or
others (quoted), H.M. can by no means consent that this
AMERICA AND WEST INDIES.
287
1728.
Dec. [ ].
Whitehall.
Instruction should be broke thro'. You are sensible it was
framed in order to prevent many inconveniences formerly
arising in the Plantations on that account ; and if it could be
dispensed with in your case, it would be a very ill precedent
for others, who being under the like circumstances would
undoubtedly expect the like favour. Without signature.
Draft. 2J pp. [C.O. 5, 1337. No. 45.]
533. Same to Governor Hunter. Acknowledges letters of
10th Feb., 4th, 17th and 18th May and 3rd Aug., which he has
laid before H.M. Continues : The King intirely approved
your conduct and was very well pleased with the behaviour of
the Assembly in their past session. The bills you sent lye
before the Board of Trade, and no time will be lost in laying
them before H.M. in Council etc. Your being able to get the
Revenue bill past in the manner that had been prescribed to
you, gave H.M. a good deal of satisfaction, as did also your
having procured the exemption in favour of the South Sea
Company in that which lays a duty upon the negro trade. I
presented the Assembly's Address to H.M., who was pleased
to accept in the most gracious manner the professions it contains
of their duty and loyalty. The King was concerned to find by
your last letter, that any incident could occasion the same
Assembly, which seemed to open their second session, with the
like good disposition, for H.M. service and the welfare of their
country, to break up in some confusion without dispatching
the business that lay before them, tho' relating purely to the
particular interest of their Colony ; however H.M. hopes upon
cooler reflection they will meet again with such firm resolutions
to attend seriously to the service of their country, that their
next session may prove more successfull. And I am glad to
find by a subsequent letter of yours of the 13th September to
Mr. Delafaye, that you have ground to hope they will meet in
a better temper. As to what you mention in that letter con-
cerning Mr. Ayscough etc., I have referr'd that part of it to the
consideration of the Board of Trade, and assoon as I receive
their report, will lay it before H.M. ; I have at the same time
recommended to them the dispatch of their representation to
H.M. upon the Revenue bill, and the Sugar bill, which are under
their consideration. The King was very well pleased with
your laying before him so freely, your thoughts of the provision
necessary to be made for the administration of the Government
in case of your death, which H.M. hopes for the good of his
service, and of the Island entrusted to your government, will
not happen in many years ; and H.M. intends to grant a
dormant commission to Colo. Gommersel, whom you recom-
mend, to take that trust upon him in case of such an accident.
H.M. has also consented to Mr. Forbes being of the Council in
the room of Mr. Pusey etc. As to what you mention of the
288 COLONIAL PAPERS.
1728.
depredations of the Spaniards etc., which they continue not-
withstanding their having received the King of Spain's orders
for the execution of the preliminaries ; I have nothing in
command to add to what my Lord Townshend, by H.M. order,
wrote to you 15th Sept. etc. H.M. has ordered the strongest
representations to be made upon this subject to the Court of
Spain, which it is to be hoped will induce them to send effectual
orders to their Governors in America for the putting an end
to these pyratical proceedings. Draft. 3| pp. [C.O. 137, 53.
//. 04-960.]
[? 1728]. 534i [ ? Mr Allen] to the Honble. Augustus Schutz. The
case of P. Gordon Esq. Governor of Pensilvania. Repeats
gist of C.S.P. Nov. 24, 1727. q.v., adding, the Treasurer
appointed for receiving said 2000 died before Sir W. Keith
came to that Province, whose widow not being able to make out
the whole sum assigned to him a tract of land of 2000 acres etc.
and paid him the remainder in specie. Keith still holds the
said land as his own property (by means of which he has a right
to be elected a Member of Assembly where he does all the
mischief he can, and if he was dispossessed thereof he could
not be chosen) and has not accounted for one farthing of the
money he received etc. Refers to letter and enclosure of Nov.
24, 1727. Concludes : Governor Gordon in a letter to Mr.
Allen desired your favour in applying to the Duke etc. Mr.
Allen attended several times at the Duke of Newcastle's office,
but never could get an answer. Without date or signature, f p.
[C.O. 5, 1233. No. 65.]
[? 1728]. 535. Petition of Col. John Staunton to the King. On
returning from Spain petitioner sent several persons to recover
the estate in Antegoa left to him by Col. Thomas Foxon (v.
C.S.P. 1727), of which the steward and the Treasurer of the
Island had combined to make a fraudulent sale, but the
possessors found means to hinder any prosecution, having feed
all the lawyers on the island and bribed off the persons so
employed. Petitioner finding about a year past the present
possessors in London, commenced a suit against them in the
High Court of Chancery. They put the proof of the fraud of
the said sale on petitioner, who took out a Commission in
Chancery to examine witnesses, etc., and personally did goe
with it to Antegoa, and appointed a time and place for sd.
Commissioners and witnesses to appeare, but three of sd. Com-
missioners refused to act or obey any Commission issued from
the High Court of Chancery, and the possessors also feed all
the lawyers that were then on the island to hinder petitioner's
filing a bill in equity against them. He was then advised to
get the depositions of such as would voluntary make them before
the Governor, and to have the Great Seal affixed to them with
AMERICA AND WEST INDIES. 289
1728.
a certificate under the General's hand of sd. fraud and value
of sd. estate, wch. was accordingly done, and gave notice to
one of the Possessors' Council and Manager that petitioner
would proceed in that manner and petitioner did also record
sd. depositions in the Public Register's Office kept in Antigua.
Petitioner is advised that depositions so taken is good evidence
before your Majestic and Councill, and it's also taken for
evidence in all causes yt. are tryed in the Courts at Antigua.
Prays that the case may be heard and parties summoned to
appear before H.M., said depositions being admitted. Without
signature, date or endorsement. If pp. [C.O. 7, 1. No. 31.]
1727- 536. Memorandum of Representations from the Council
1728. of Trade and Plantations to the Duke of Newcastle, June,
1727-1728, and of some previous reports, 1717-1724. 6 pp.
[C.O. 5, 4. Nos. 33, 33 i.]
[? 1728]. 537. Petition of Sir Wm. Keith to the King. Abstract.
New Jersey is capable of great improvement in its trade and
products. Being committed to the care of the Governor of
New York, it has been unable to obtain the laws and regulations
necessary for its improvement, because the interests of the two
independent Colonies so frequently interfered with each other,
that the Governor's duty to both became incompatible. Con-
tinues : " The poor industrious people of Jersey have some
time since petitioned etc. for a particular Governor to reside
amongst them, whom they are both able and willing to support
etc. The Governor of New York scarcely receives from Jersey
a sufficiency to defray the continual expence of his attendance.
Prays to be appointed Governor, having served as Governor of
Pennsylvania etc. Without date. 1 p. [C.O. 5, 980. No. 45.]
[? 1728]. 538. Memorial to same effect as preceding, in favour of
appointing Sir W. Keith, " so well known and liked among the
people." Concludes : Such an appointment would be univer-
sally acknowledged as a most reasonable condescention to the
relief of these poor people, who groan under the oppression
of haveing their product, industry and trade miserably hamper'd
and confined to be subservient to the interest and will of their
opulent and powerfull neighbours." Without date or signature.
Endorsed, Sir Cha. Wager. 1| pp. [C.O. 5, 980. No. 46.]
[1728], 539. Some considerations upon the assistance that may be
expected from the British Colonys, particularly those in the
Continent of No. America in any Expedition agt. the Spanish
West Indies. I do not apprehend that the Crown has a right
to command the inhabitants of British Plantations, to march
or sail upon any expedition out of their own Provinces. But
as the Colonies have all of them establish'd Militias, the Crown
Q.P. XXXVI-19
290 COLONIAL PAPERS.
1728.
has frequently fix'd the proportions of men, which they
shou'd respectively contribute to their common defence etc.
Quotes Instruction to the Governors of New York and refers
to Sir William Phipps' and General Nicholson's expeditions
against Port Royal. Continues : In 1703 the Massachusetts
Bay sent two companys to the assistance of Jamaica, then
in danger of being invaded. Refers to Expeditions against
Conada 1710, 1711 and the contributions made by the Colonies
at them. Continues : But I am very doubtfull whether any
such assistance can be expected from the British planters
on the Continent towards any expeditions against the Spanish
West Indies. And if any number of voluntiers should be
furnished by them for that purpose, I am still farther doubt-
full, whether they can be much depended on in service. For
I have been assured by an Officer of distinction, who
served in the expedition under Pen and Venables, that the
attempt upon Cuba, prov'd abortive, more from the irregularitys
and great disorders of their American voluntiers, who were
about 2000 in numbers, then from any other cause. And
indeed, whoever has served with voluntiers got together
occasionally, must know, that they never did, 'nor ever will
act in proper concert with regular forces ; nor even with them-
selves ; as is evident from all the proceedings of the Bucaniers
in America, who for want of such concert, and of a regular scheme,
almost constantly lost the fruit of those advantages, which they
reaped in the Spanish West Indies ; tho' they were always a
terrible thorn in the sides of the Spaniards. These voluntiers
however may be of use to annoy the ennemys coasts, and to
divide their forces, they may also help to keep possession of
any place or country, that may fall into our hands by the
chance of war ; provided it be made worth their while to
continue there. For their service will always be determined
by their interest, and it must be consider'd, that there are very
few vagabonds, very few useless hands in our Plantations, and
consequently very few people to be found, that will for any
continuance of time, be induced to leave a certain settlement,
for an uncertain one. Tho' it may probably happen, as it has
done formerly, that the hopes of plunder, may alure the seafaring
men, to become adventurers in any expedition. We must not
therefore depend too much upon our American voluntiers ; but
it will certainly be right to call upon the Colonys for their
assistance, in this just and necessary war etc. That may
properly be done, by directing the several Governors of H.M.
Colonys, as well upon the Continent as in the Sugar Islands,
to recommend to their respective Assemblys without loss of
time, to raise what number of Forces they are able, to joyn
those of H.M., at a day and place prefix'd for that purpose ;
in order to assist and be employ 'd in such Expeditions against
the enemy, as by the Commanders in Chief of the King's Sea
AMERICA AND WEST INDIES. 201
1728.
and Land Forces, shall be thought most expedient ; promising
all suitable rewards and encouragements to such, as shall pay
obedience to orders, and behave well in H.M. service. And
that the said Governours respectively do assure their
Assemblys, that they cannot possibly render a more essential
service to H.M., to their Mother Country, or even to themselves,
then by chearfully and speedily complying with the said
recommendation. And that no time may be lost in the dispatch
of this important affair, the Govrs. may be directed also to issue
Proclamations, to the like effect, inviting all voluntiers to the
said rendezvous. But I apprehend, that adventurers upon
their own account, will rather choose to take their chance in
privateers, then joyn the King's Forces and put themselves
under the directions of H.M. Admirals and Generals ; especially
after the encouragement given to privateers by the bill now
depending etc. Encloses copy of Proclamations by Governor
Dudley in 1710, 1711 to serve as precedents. Stocks of arms
and clothing etc. should be lodged at the rendezvous before the
arrival of the American auxiliaries etc., and as an inducement
to recruits samples should be sent by the first opportunity to
America. A proper person should be sent to purchase pro-
visions in the Northern parts, where they are to be had at
reasonable rates. Continues : If that person were a man of
some figure and reputation in America, he might make the tour
of the several Governments, sollicit the execution of H.M.
orders, raise a proper spirit in the people, and send regular
accounts home of their proceedings in this behalf. There is
at present a Gentleman in England, lately come from the West
Indies, an old Officer in the Army, a man of great fortune in
the Leeward Islands, of known bravery and experience in West
India Expeditions, one Colonel Morrice, with whom I have no
acquaintance etc. If he could be engaged to undertake this
task and also to take command of these voluntiers ; no man
cou'd be more proper. To speak plainly, few people will
care to embark upon an unknown Expedition, without a known
leader ; and therefore in all her American Expeditions, Queen
Anne made use of Col. Nicholson, a man of good reputation
(tho' of moderate parts) who had lived many years in those
countrys, and was esteemed by the people. Transport may
easily be had, but must be provided without loss of time etc.
Continues : We must not hope for much assistance from either
of the Carolinas ; I beleive the Spaniards will probably find
them business enough at home ; a Proclamation lately published
at St. Augustin has drawn many of their negroes from them,
in hopes of being enfranchised ; and the rest are ripe for
rebellion ; so that it is really now come to that pass, that either
the people of Carolina must take St. Augustin or St. Augustin
will take them. Proposes as many officers as possible should
be collected, " who have formerly served in American Expe-
292 COLONIAL PAPERS.
1728.
ditions. There are some in Col. Philipps' Regiment, particu-
larly one Major Mascareen who has great credit with the people
of New England. Philipps's Regiment, the four Independent
Companys in New York, and Dalzell's Regiment in the Leeward
Islands, should furnish a number of Serjeants and corporals to
discipline the American voluntiers ; and encouragement may
be given to any old Officers now out of the service " etc. Refers
to those who served with Col. Codrington against Martinique
etc. Without date or signature. 11 pp. [C.O. 5, 4. No. 36.]
[? 1728]. 540. List of Members of the Bahama Company. Same as
C.S.P. Nov. 1, 1723 with addition of, Edward Carteret ; Col.
Thompson ; Mr. Heath. $ p. [C.O. 23, 12. No. 96.]
[? 1728], 541 . Remarks on the Island of Providence [? by Charles
Delafaye]. Based on reports given above. If pp. [C.O. 23,
14. ff. 72, 720.]
COLONIAL PAPERS.
1729.
1729.
Jan. 2. 542. Council of Trade and Plantations to the Lords Commis-
Whitehaii. sioners of the Treasury. Request payment of Office expenses
and Officers' Salaries for quarter ending Christmas, 1728.
Accounts annexed. [C,O. 389, 37. pp. 296, 297.]
Jan. 4. 543. Sir Jacob Acworth to Mr. Popple. In reply to Dec.
Navy Office, nth, does not see anything wanting in the proposed bill, except
that to the clause restraining the cutting of any mast forbidden
by the act of 8 William III, should be added, unless such as
were " the property of any private person before the passing
of the said Act." Signed, Ja. Acworth. Endorsed, Reed. 6th,
Read 9th Jan., 172|. 1 p. Enclosed,
543. i. Copy of bill prepared for the better preservation of
H.M. Woods etc. 4 pp. [C.O. 5, 870. ff. 142, 143-145,
1470.]
Jan. 6.
North
Carolina.
Jan. 7.
St.
Christophers,
544. Declaration by Lt. Gov. Sir R. Everard. All the
misunderstanding's between me and the Assembly and other
Gentlemen of good note were owing to the calumnies and false
informations given me by Chr. Gale and John Lovick and Wm.
Little at my arrival, I find these gentlemen of whom they
gave me characters the reverse, persons of great probity and
much sincerity etc. If any act of Government has in the least
proved detrimental to the welfare or repose of the Province it
has been owing to their advice etc., who have always been
enemies to the quiet of the country etc. Printed, N.C. Col.
Rec. III. 5. Signed, Richard Everard. Endorsed, Reed. 15th,
Read 26th Aug., 1729. 1 p. [C.O. 5, 1267. ff. 99, 99u.]
545. Governor the Earl of Londonderry to the Council of
Trade and Plantations. Transmits Act of Antigua, to supply
defects of an Act for constituting a Court of Chancery, and for
holding Courts of Chancery in the absence of the Commander in
Chief, and for regulating Chancery proceedings etc., " which I
gave my assent to 12th Oct. last ; however with a clause
suspending it's taking effect, until! it shall receive the Royall
assent." Continues : The reason of passing this Act was,
to remedy many inconveniencies, the people of Antigua have
sustain'd, which were not provided against in the Chancery
294 COLONIAL PAPERS.
1729.
Act of 1715 etc. Refers to Preamble. Continues : By the
former Act no Court of Chancery could be held without the
Chief Governor was personally present, to joyn the Council
of that island, and by the present Act the Chancery Court can
be held, in his absence, by the Lieut. General and five or more
of the Council, and in the Lieut. General's absence by the
Lieut. Governor or any five or more of the Council, and in the
Lieut. Governor's absence by the President of the Council or
any five or more : so that the business of the Court will go
constantly on etc., which otherwise, from the frequent, and
unavoidable absence of the Chief Governor must be subject
to great delays, and prolonging of suits, which is no small
greivance to a people. By the former act, all process of
Chancery, fees, and perquisets of the Great Seal were reserved
to the Chief Governor, and so they are now, but this law enacts
that the Chief Governor is to leave with the Secretary, before
his departure from the island, blank subpoenas, attachments,
injunctions etc. sign'd and sealed, who is to fill them up, from
time to time, during his absence, according to the rules of the
Court of Chancery, and who is made accountable for the fees
to the Chief Governor, and by this means, My Lords, business
will go regularly on, and the suitors of the Court will be saved
the charges of sloop hire in following the General, for the great
Seal, when he is absent, which is no small article ; and also
freed from the danger of loosing their process, as well as
exposeing their persons, which men are often liable to, who
frequent these seas. There is another defect remedyed by
this Act, and that is relateing to injunctions. Injunctions by
the former act were construed so to belong to the Chief Governor,
as usuall, before the passing that law, that very frequently it
has happen'd .that an injunction that had been dissolved by
the Governor and Council at Antigua, as the Court of Chancery,
has been upon application to the Chief Governor, in another
island, revived by him alone ; so that the contrary orders and
rules have been made, and very great delays and charges
thereby accrued to the suitors of the Court. Now, this act
provides, that all injunctions shall be filled up by the Secretary,
as shall be particularly ordered, by the Court ; and that no
injunction granted by the Court of Chancery shall be dissolved
by the Governor alone ; nor any injunction dissolved by the
Court of Chancery shall be revived by the Governor alone ;
which I apprehend to be a reasonable thing, since the Crown
has been pleased to permitt the Councillours, for the time
being, at Antigua to compose with the Chief Governor that
Court, and it is also (I think) My Lords preventive of any favour
or partiallity, which a too loose or incautious way of granting
injunctions, has often render'd that process suspected off.
There are other matters in the Act such as when the Court
is equally divided, the youngest Councillour is to withdraw,
AMERICA AND WEST INDIES.
295
1729.
Jan. 7.
Jan. 7.
Clarges
Street,
Picadilly.
that a determinate decree may be had that but one rehearing
shall be granted, upon any cause, in whole or part that when
the summ appealed for, shall be controverted, as not amounting
to the summe H.M. permits appeals for ; appraisers shall be
chosen, who are under a penalty to return upon oath the value
of the thing in contest, in five days etc,, which appear to be so
consistent with Justice that I will not trouble your Lordships
with any reasoning upon them. I assure your Lordships, the
main motive that induced me to pass this act, was only to
render the intention of the Crown, in the former act, effectual!,
by cureing the inconveniencies. that were not foreseen etc.
No mischiefs can spring from my passing it, because there is a
suspending clause in the act, which I shall always take care to
insert in bills, that contain anything of a new and extraordinary
nature. Signed, Londonderry. Endorsed, Reed. 17th, Read
19th May, 1729. 2|rd pp. [C.O. 152, 17. ff. 53-54t;.]
546. Mr. Dunbar to Mr. Popple. To same effect as following
covering letter. Signed, David Dunbar. Endorsed, Reed.
8th, Read 9th Jan., 172|. 1 p. Enclosed,
546. i. Copy of letter from Jer. to David Dunbar, Nov. 27,
1728. [C.O. 5, 870. ff. 148, 149-150, 151t;.]
547. Mr. Dunbar to Mr. Delafaye. Was prevented by
illness from sailing last summer, but dispatched his brother as
his deputy as Surveyor General of the Woods. Encloses his
letter. Hopes to sail " by the first ship which usually goes
about the middle of next month." Continues : I am told
it would be much for the service if I was in the Commission of
the Peace wherever my Commission may carry me, and if
admitted of the Council in New England particularly it would
give me some authority among them people who seem too
regardless of any etc. I will wait upon you to know His Grace's
pleasure etc. Signed, David Dunbar. 2 pp. Enclosed,
547. i. Jeremiah Dunbar to David Dunbar. Boston. Dec.
4, 1728. Has sent Mr. Armstrong and Mr. Slade into
the woods in N. Hampshire and Maine to take care of
the timber to cut for H.M. use. Is about to go with
Mr. Armstrong to Casco Bay where the Contractors
are at work etc. Refers to following. The Assembly
have within these two years granted several townships,
on purpose to evade the Act of Parliament whereby
they are prohibited from cutting timber without
townships. Signed, Jer. Dunbar. Copy. 1 p.
Enclosed,
547. ii. R. Auchmuty (Advocate General, Mass.) to Jeremiah
Dunbar. 4th* Dec., 1728. Report upon the law
relating to H.M. Woods. Signed, R. Auchmuty.
Copy. 3| pp.
296 COLONIAL PAPERS.
1729.
547. iii. Robert Armstrong to Jeremiah Dunbar. Ports-
mouth, N.H. Nov. 23, 1728. Describes evasion of
Act for preservation of pine trees by the granting of
new townships containing vast tracts of land, and
draws attention to the export of ship's timber to Spain
and Portugal, thus depriving our Navy of noble
timber and supplying possible enemies etc. " Here
is a large ship bound for Spain to load with plank and
timber etc. The owners saith that masts, yards and
bowspritts which was formerly inumerated with pitch,
tarr, turpentine etc. by the Act of 3rd and 4th Queen
Anne, being expired, by order from the Commrs.
of the Customs bonds formerly given for masts, yards,
pitch, tarr etc. are to be omitted and that they may be
transported anywhere without, by which they are of
the opinion they may carry masts, yards and bow-
spritts to Cales as well as plank and timber ; this
will prove of ill consequence if not prevented at home.
But I shall take speciall care for the future that none
shall be exported till I hear from home." etc. Signed,
Rt. Armstrong. Copy. 2| pp.
547. iv. Same to Col. David Dunbar. New Hampshire
Nov. 24, 1728. Assures him of his zeal and refers to
his former letters etc. Signed, Rt. Armstrong. Copy.
I p.
547. v. Thomas Haley to Col. D. Dunbar. Boston, Dec. 5,
1728. The rigour of the season prevents Mr. Dunbar
and self attending our duty in Nova Scotia etc. The
people here insinuate difficultys in (our) making surveys
in that part from the treachery of the Indians but we
will endeavour to surmount every difficulty etc.
Signed, Thomas Haley. Copy. 1 p. [C.O. 5, 10.
Nos. 12-17.]
[Jan. 10]. 548. Petition of Abraham Meure to the Council of Trade
and Plantations. Desires a certificate of the time Lt. General
Mathew acted as Commander in Chief of the Leeward Islands,
with a view to obtaining his salary etc. Endorsed, Reed. Read
10th Jan. 172*. f p. [C.O. 152, 16. ff. 367, 368u.]
Jan. 11. 549. Mr. Fane to the Council of Trade and Plantations.
Reply to 17th Dec. 1728. Has no objection to Act of Antigua
for making a settlement on Lord Londonderry etc. Signed,
Fran. Fane. Endorsed, Reed. 13th, Read 15th Jan., 172 1.
1 p. [C.O. 152, 16. ff. 371, 372i;.]
Jan. 11. 550. Same to Same. Has no objection to Act of Virginia,
1728, to enable William and Thomas Farrer to sell certain entailed
lands etc. Signed, Fran. Fane. Endorsed, Reed. 13th Jan.,
Read 13th Feb., 172 5. | p. [C.O. 5, 1321. ff. 98, 990.]
AMERICA AND WEST INDIES.
297
1729.
Jan. 14.
Plantation
Office,
Whitehall.
Jan. 14.
Whitehall.
Jan. 15.
Whitehall.
Jan. 15.
Jamaica.
551. Certificate as to length of time of Lt. General
Mathew's government of the Leeward Islands, (v. 10th Jan.)
Signed, A. P. 1 p. [C.O. 152, 16. ff. 369, 370r.]
552. Mr. Popple to Mr. Fane. Presses
Jamaica laws. (v. C.S.P. 1728. 30th July.)
p. 260.]
for report on
[C.O. 138, 17.
553. Council of Trade and Plantations to the King. Repre-
sentation on reference of Oct. 6th 1728 q.v. Continue : -The
preservation of your Majesty's woods in America is a matter
which we have at all times thought of very great consequence
to this Kingdom, and have represented the same in several
reports etc. Refer to report of 20th March. Conclude : As
to the building a fort at Casco Bay for the protection of ships
whilst they are loading masts there, we humbly conceive, that
service may be as well perform'd by one of H.M. ships of war
station'd in those parts ; and we are of opinion, that the building
a fort, as proposed, will be too great an expence for a temporary
service, for so soon as the masts shall have been cut down in
the neighbourhood of Casco Bay, the same reasons wou'd hold
as good for building a fort in another place. [C.O. 5, 916.
pp. 175-177.]
554. Governor Hunter to the Council of Trade and Planta-
tions. In pursuance of H.M. orders and my duty I have been
hard at work in putting this island in some state of safety from
insults or surprize, by a better regulation of the militia and
forts, and putting the places or posts of danger into a better
state of defence ; the inclos'd copies of ye Minutes and
Resolutions of the Council and Council of Warr, will in some
measure inform your Losps. of our endeavours for that purpose.
Refers to enclosed account of stores of war. Continues : Before
I left Engld. I had made application to H.M. for what of that
kind I judg'd necessary etc., and left the solicitation of it to
Coll. Lilly whom H.M. had appointed our Ingeneer. That
gentleman has been with great impatience expected a long
time. I am however going on as well as I can without him.
The settlement at Port Antonio goes on with successe. That
harbour by all accounts as well of the King's Officers as others
is the best and safest in America. I have at the request of the
setlers there sent thither six piece of Ordnance for countenance
and security to that infant settlement. The planters will mount
them and throw up a breast work at their own cost till a fort be
raised there. The Assembly is to meet here on the 22nd instant.
They are say'd to be cooler. I know not what effect the diss-
appointment as to their sugar bill may have when they meet,
but am well perswaded that it had its rise from those who had
no other view but to obstruct or puzle the public affairs tho'
298
COLONIAL PAPERS.
1729.
Jan. 15.
Jamaica.
Jan. 15.
Jamaica.
many unwary honest men gave in to 't. H.M. approbation of
the laws pass'd and transmitted to your Losps. will go a great
way in setting matters to rights and upon a better footing. As
soon as I can have the accounts of the numbers of ye people
and the slaves perfected I shall send them. I shall in every
thing within my power act for H.M. service and the prosperity
of the Island etc. Signed, Ro. Hunter. Endorsed, Reed. 25th
April, Read 21st May, 1729. Holograph. 2 pp. Enclosed,
554. i. Minutes of Council of Jamaica, 7th Jan., 1728(9).
Endorsed, Reed. 5th April, 1729. 3 pp.
554. ii. Minutes of Council of War, St. Jago de la Vega, 7th
Jan., 1728(9). Endorsed as preceding. 3 pp.
554. iii. Account of stores of war and Ordnance at Jamaica
and of stores of war wanted. Endorsed as No. i.
2 pp. [C.O. 137, 18. ff. 1, Iv., 2v.-8.]
555. Governor Hunter to \? Lord Townshend]. On the
16th of last moneth by the Successe I had the honor of your
Losps. letter with H.M. orders to put this island into such
posture as may obviate insults or surprize. I had indeed been
labouring hard to that effect before, what has been done since
the inclosed copies of the Minutes of Council, and Council of
Warr will in a good measure inform you ; the Militia here was
in the greatest disorder, partly by the long interruption of the
course of laws and in a good deal from commissionating of some
of no rank or weight formerly which made those who were of
ye other sort decline the service. I hope I have remedy'd that
and we are now in a fair way of having a better Militia which
is indeed our chiefe strength. I have long expected the Engineer
appointed, but am going on as well as I can without him. I
can hear of no preparations of the Spaniard on this side, neither
have they since the departure of ye fleet from Havana more
then six ships of warr left here. I shall do my best in every-
thing within my power that H.M. service here suffer nothing
whilst I have the honor of this trust etc. Signed, Ro. Hunter.
Endorsed, 5 Apr. duplicate. Holograph. 2 pp. Enclosed,
555. i. List of stores of war etc. remaining and wanting at
Fort Charles in Port Royal. 1 large p. [C.O. 137,
47. Nos. 1, 1. i.]
556. Governor Hunter to Mr. Popple. Repeats part of
preceding. Continues : In case of a rupture I have been
strugling hard to bring the Militia into some order which was
in the greatest confusion by means as it is alledg'd of the
corruption of the Secretarys of some former Govrs. who had
worthless men put into these posts for a little mony with whom
these of rank would not serve. I hope that is remedy'd and I
have no reason to be dissatisfied wth. what I have seen at
several reviews. Refers to his difficulty in getting a Quorum
AMERICA AND WEST INDIES.
299
1729.
Jan. 15.
Jamaica.
Jan. 15.
Jamaica.
Jan. 16.
Jamaica.
of the Council, as 8th March q.v. Continues : Mr. Pusey's
seat is vacant by the General Instruction by his long absence
etc. I have wrote to the Agent to beg some order from the
Secy, of State for Warr for my conduct in case of vacancy's in
the Commissions of the two Company s. For in this country
it may so fall out that a Corporal may be the Commanding
Officer till I receive orders from home which come not with
great expedition etc. Signed, Ro. Hunter. Endorsed, Reed.
3rd, Read 21st May, 1729. If pp. [C.O. 137, 17. ff. 145,
145t;., 146r.]
557. Governor Hunter to the Duke of Newcastle. On the
16th of last moneth I had the honor of a letter from my Lord
Townshend from Windsor Sept. 15th with H.M. orders to take
such measures as might obviate insults or surprize etc. Repeats
part of preceding. Continues : The settlement at Port
Antonio goes on with a very promiseing aspect, the harbour
is the best and safest in all America. I have sent some gunns
thither and the planters there will of themselves make such
works as they can to secure themselves agst. insults etc.
Signed, Ro. Hunter. Endorsed, R. 5th April. Holograph.
2^ pp. Enclosed,
557. i. Minutes of Council of Jamaica, 7th Jan., 1729. On
hearing H.M. letter of Sept. 15th, resolved that
Hanover Line and the Rock Fort and line be repaired,
and a platform of 6 guns be erected at Carlisle Bay etc.
Copy. 3% pp.
557. ii. List of Ordnance Stores in Jamaica, and what is
required. 2 pp.
557. iii. Minutes of Council of War. St. Jago de la Vega,
7th Jan., 1729. 3 pp. [C.O. 137, 53. ff. 97-102,
103-104i;.]
558. Governor Hunter to Mr. Stanyan. Refers to
preceding letter. Is surprised that he has received no instruc-
tions relating to Mr. Coleman's affair. Has not had the
satisfaction of one letter from him since his arrival etc. Signed,
Ro. Hunter. Endorsed, Rd. April 9th. Holograph. 1 p.
[C.O. 137, 53. ff. 105, 106i;.]
559. Same to Same. Encloses following for his Grace's
consideration, " The man is really near to idiotism " etc.
Signed and endorsed as preceding. 1 p. Enclosed,
559. i. (a) Petition of Robert Karby to Governor Hunter.
Sentenced to death for coining two pieces of base
money, the petitioner confesses that he was legally
sentenced, but pleads that he was wholly ignorant
that it was penal to make or utter the same. Prays
for H.M. pardon etc. Signed, Henry Karby. Overleaf,
300
COLONIAL PAPERS.
1729.
559. i. (b) Recommendation of said convict as a fit subject
for H.M. pardon or reprieve by the Chief Justice and
the Judges of the Supreme Court. Dec. 9, 1728.
Signed, Richd. Mill, John Hudson Guy, Ja. Gary,
Edw. Charlton. l pp. [C.O. 137, 53. ff. 107,
Jan. 16.
London.
Jan. 16.
St. Chrisrs.
560. Mr. Dunbar to Mr. Popple. Encloses following,
received from his brother, and hopes they may give some hints
for the intended bill next session of Parliament for preventing
such abuses. Will attend the Board as appointed etc. Signed,
David Dunbar. Endorsed, Reed. 17th, Read 23rd Jan., 172 J.
f p. Enclosed,
560. i-v. Duplicates of Nos. 547 i-v. [C.O. 323, 8.
Nos. 104, 104. i-v.]
561. Governor the Earl of Londonderry to the Council of
Trade and Plantations. Encloses papers containing the dispute
between two Councillors touching their seniority or right of
Presidentship in his absence and that of the Lt. General. Con-
tinues : Already (tho' before my arrival) great inconveniencys
have happen'd from this dispute, that even prevented a Quorum
of the Council meeting a long while, and thereby greatly
obstructed publick business etc. I have judg'd not proper to
give my opinion upon the affair here etc. Asks for a speedy and
final decision. Signed, Londonderry. Endorsed, Reed. 31st
March, Read 9th April, 1729. If pp. Enclosed,
561. i. Mr. Estridge to Governor the Earl of Londonderry.
In the dispute between Col. Phipps and me for the
Presidency in Council!, wch. now lies before your
Excellency for your judgment, etc., Mr. Phipps urges
that he was sworn into Council before me, and that
his warrant for being admitted a Councellour is of an
older date than mine. But (i) he was sworn by the
Governour, who had no power to do it at that time,
there being 7 Councellours then residing etc.
Councellours have always taken place from their
allowance by the King and not from the Governour's
admission. Thus it was in the case of Mr. Helden,
who was sworn a Councellour by Mr. Douglas, and
sat many months before Ralph Willett was appointed
by the late Queen ; and yet Mr. Willett being named
in the Instructions before Mr. Helden, the latter gave
place to him. For the like reasons Mr. McDowall
gave place to Charles Payne and John Garnett, and
likewise Mr. Liddell to Mr. Millward. (ii) As to his
warrant from the late Queen being of an older date
than mine, the Councellours here take their seats by the
bare nomination of the Prince, they have no Commission
AMERICA AND WEST INDIES. 301
1729.
or Warrant for so doing. The King's nomination
of persons in his Instructions to his Governours,
is all the appointment they sit in Councell by, and the
warrants wch. the King afterwards grants for admitting
particular persons into Councill, are no more than
Additional Instructions for that purpose, and cannot
regard any succeeding Governour. We have a present
instance of a gentleman, who but few years ago, had
a warrant directed to the last Governour to admit him
a Councellour, but being left out of your Excellency's
Instructions, he cannot claim a seat here etc. Argues
that he was appointed by the late Queen some
time before Mr. Phipps, and that his late and present
Majesty have always placed him before Mr. Phipps in
regard of that nomination and without regard to
the date of the warrant etc. Quotes correspondence
(1708) on this subject with Stephen Duport, Agent
of St. Kitts, and argues at length. Signed, Jos.
Estridge. Endorsed, Reed. 31st March, 1729. 6f
large pp.
561. ii. Mr. Phipps to Governor the Earl of Londonderry.
His appointment by the Governor having been
approved of at home, that appointment must be valid
and take place from the time of his first admission in
the Council. It is on record that he had his seat at
the Board long before Mr. Estridge etc. Argued at
length. Signed, Francis Phipps. Endorsed as pre-
ceding. 4 large pp.
561. iii. Mr. Estridge to Governor the Earl of Londonderry.
Reply to preceding. Signed and endorsed as No. i.
4 large pp.
561. iv. Mr. Phipps to Governor the Earl of Londonderry.
Reply to preceding. Signed and endorsed as No. ii.
3| large pp. [C.O. 152, 17. ff. 33, 33v., 34u.-40u.,
4<lv.-4,3v., 44i>.-46z>.]
Jan. 17. 562. Mr. Randolph, Clerk of the Council of Virginia and
Agent of the Colony, to the Council of Trade and Plantations.
Appointed by the Council and Burgesses of Virginia to solicit
the repeal of a clause in an Act of Parliament prohibiting
the importation of stripped tobacco, he has submitted a
question to the Treasury and believes that their Lordships are
satisfied that the Revenue has not been improved by this
prohibition. Continues : The stript tobacco " was by many
years experience found a very vendible commodity, as it was
most fit for the consumption of this Kingdom and always sold
for a higher price, and upon shorter credit, than any other
sort ; so that the planters could subsist by their industry, and
the merchants here transacted business with more ease and
302 COLONIAL PAPERS.
1729.
less hazard : But since they have been compelled by this Act
of Parliament to import the stalk, it is not possible for them
to manufacture it properly for the markets of Great Britain ;
they are loaded with the duty and the freight of that which is
not only of no value, but depreciates the pure tobacco at least
2d. in every pound. The tobacconists are under a temptation
to manufacture the stalk and mingle it with the leaf, whereby
the whole commodity is adulterated, and of course the con-
sumption of it lessend. And the merchants are obliged to keep
great quantities in their warehouses, and at last to sell upon
long credit. In consequence of which the price of the Planters
labour is fallen below what they are able to bear, and unless
they can be relieved, they must be driven to a necessity of
employing themselves more usefully in manufactures of
woollen and linen, as they are not able under their present
circumstances to buy what is necessary for their cloathing in
this Kingdom etc. Signed, John Randolph. Endorsed, Reed.
Read 17th Jan., 172f. 2pp. [C.O. 5, 1321. ff. 92, 92*;., 93v.]
Jan. 17. 563. Col. Dunbar to Mr. Delafaye. Encloses further reports
just received from his brother (v. Jan. 7). Has sent copies to
the Treasury, Admiralty and Board of Trade in accordance with
his instructions etc. Signed, David Dunbar. Addressed. 1 p.
[C.O. 5, 10. No. 18.]
Jan. 17. 564. Same to Mr. Popple. Sends enclosures as preceding.
from Concludes : Mr. Slade, one of my Deputys, an experienced
street 8 sn *P carpenter, bred in the King's Yards here commends the
oak plank in New England, and tells how it is continually
carrying to Portugal and Spaine ; this may deserve the con-
sideration of the Lords Commissioners for trade etc., and whether
any provision may be made in the intended bill against it,
especially the larger sort, without lycence, etc. Signed, David
Dunbar. Endorsed, Reed. 18th, Read 23rd Jan., 172. 1 p.
Enclosed,
564. i. Jeremiah Dunbar to David Dunbar. Boston, New
England, Dec. 15th, 1728. Mr. Slade return'd 2 dayes
since after making a small progress thro' the woods
in New Hampshire and Province of Maine, etc. I
shou'd have sett out for Casco Bay last week, but we
have had such hard frost's without any snow that 'tis
not possible to travell on horseback etc. As soon as
there is a little snow, will go thither and seize all the
timber cut down fit for H.M. service etc. With his
deputies will go as instructed by the first vessel in the
Spring for Anapolis. Continues : Mr. Slade complains
very much of the expence of travelling, and I have
some reason to believe if there is not an allowance
made for it that he will apply himself to ship-building
here, for he can get a great deal more than 100 sterl.
AMERICA AND WEST INDIES. 303
1729.
per arm. As for myself I will not say much till I
see you, tho' the expence of our voyage and at least
50 sterl. a piece wch. you know Mr. Haley and I paid
for mathematical instruments has pinch'd us both
very much, and tho' you may have heard that 'tis
cheap liveing in this country you'll not think so when
I assure you a common labourer can get 7 or 8 shillings
of this money pr. diem, wch. is equal to about \ a
crown English. Mr. Slade likewise saves yt. it will
be impossible for us to do our duty without a small
scooner, wch. is a kind of vessel much us'd upon this
coast ; for there are so many rivers in this country
yt. it will be both mighty tedeous and expensive
travelling by land, and further as our Instructions for
Nova Scotia directs us to have regard to the woods
lying upon the sea coasts and most navigable rivers,
we can never make any judgment wch. rivers are most
so without going up and down and sounding them etc.
Signed, Jer. Dunbar. Copy. 1| pp.
564. ii. Mr. Slade to David Dunbar. Boston, Dec. 16, 1728.
I etc. find the woods in New Hampshire allmost
destroy'd, so that if our Instructions be not supported
by an Act of Parliament forbidding the cutting of
white pine trees of any dimentions whatever as well
in townships as out of townships H.M. in few years
will have but a small supply of masts out of this
Province. I proceeded further into the Province of
Maine and so to Casco Bay, where the America was
loading wth. masts for H.M. yards Portsmouth and
Plymouth. This Province abounds wth. plenty of
white pine trees and white oak's growing on a blewish
clay and in my opinion preferable for plank to any H.M.
yards is supply'd with from Eastern parts. I heartily
wish ye Government would make an experiment
therein etc. Enquires whether such white oaks are
not to be preserv'd from ruin as well as white pine
trees. Refers to enclosed account and asks for
travelling allowance etc. Continues : There is a ship
of 400 tuns now at Piscadaway loading with fine
kelson pieces 4 inch and 3 inch plank, the kelson
pieces are from 70 to 50 long fine white oak timber
and plank preferable in my opinion to any serv'd into
any of H.M. yards in England, this ship loads twice
a year to Spain etc. Submits that it would be more
for H.M. intrest to put a stop to such proceedings and
reserve such fine long timber plank for his own proper
use wch. is and will be so much wanted in England
etc. Repeats part of preceding. Signed, Aurther Slade.
Copy. 2 pp. Enclosed,
304 COLONIAL PAPERS.
1729.
564. iii. Account of masts etc. shipped for H.M. service on
board the America, and of masts cut down and marked
for the Contractor in the Province of Maine. Copy.
f p. [C.O. 324, 8. Nos. 105, 105 i-iii.]
Jan. 19. 565. Thomas Lowndes to [? Mr. Delafaye]. To-morrow
morning I must wait upon your Honour, for an answer to the
Lords Props, of Carolina's Memorial. I've been the means
(under the direction of my Lord Westmoreland) of bringing,
in a great measure, the contract to bear so far ; and will do
everything an honest man can do, to mollify the Props. But,
indeed, they think themselves ill used. I was the first that
set the notion on foot for obstructing the Spanish Plate Fleet
in the Gulf of Florida, and the drafts I have are the only ones
to be depended on. I will bring them along with me to shew
them yr. Honour. I drew up the reasons to justify the
prudence of the Ministers in purchasing the country as Mr.
Henry Pelham and 14 more of the House of Commons know,
a copy of wch. I will present your Honour etc. Signed, Tho.
Lowndes. 2 pp. [C.O. 5, 306. No. 10.]
[?Jan. 20.] 566. Some reasons to shew the absolute necessity for the
Crown's buying the Propriety of the Carolinas as also the
advantagiousnesse of that purchase to the publick (v. preceding).
In case of a rupture with France or Spain, it must in the
condition it was in, by the disunion of the Proprietors and the
animositys between the Props, and the inhabitants have
inevitably fallen a prey, unless the British Nation had at
a very great expence rescued the Colony, which under the
immediate protection of the Crown may in a great measure
be made able to defend itself etc. It has for its contingent
charges for many years past raised about 7000 pr. ann. ;
which with the quit rents (estimated at 1000 per ann.) will
under a proper regulation go near to defray the expences of the
Government. If the Provisional Government had been con-
tinued, the British Establishment could never have been freed
of the expence of the Governour's sallary and the Independent
Company. The arrears of quit-rents purchased by the Crown
and estimated very low in the Proprietors' account will be a
means to make the inhabitants to come into proper measures to
lay upon themselves some duty which they are well able to bear
in order to defend the Province etc. Continues : By a good
settlement being made at Port Royal where (by all accounts
there is a noble harbour) the conjunction of the power of France
and Spain will not only be prevented but as long as we are
masters of the sea we can lay a very great restraint upon the
Spanish Navigation in America. For the Spanish Plate Fleet
from Mexico must of necessity pass very near our coast, and
that from Peru can not without the greatest difficulty avoid
AMERICA AND WEST INDIES.
305
1729.
it. By keeping a competent number of men of war there
British commerce will be entirely protected from the Spanish
privateers which were always fitted out at Fort Augustino, a
place notorious for the mischief our trade has even of late
received etc. If North Carolina is made a district of Virginia,
besides the tenths reserved upon the whale fishery, the revenue
by quit rents which always bore the charge of the establishment
will bring an immediate profit to the Crown of about 600
sterling yearly. It is acknowledged by all persons that the
most fertile and healthy part of all America is the tract of land
lying between Port Royal in South Carolina and Florida and
well-watered by navigable rivers and if it be let out at a proper
quitt rent as in Maryland and Pensilvania (the Crown not being
under any obligation as to the quitt rents for lands not yet set
out in S. Carolina as it is in Virginia) 'twill in a very few years
not only ease the British establishment but bring in a competent
sum to be remitted to Great Britain or to be disbursed for setting
on foot in America the silk or any other manufacture etc. 3 pp.
[C.O. 5, 306. No. 11.]
Jan. 23. 567. President Middleton to the Council of Trade and
So. Carolina, Plantations. Encloses Minutes of Council Dec. 1727 27th
July, 1729 and Journal of Assembly Jan. 1727 July 1728,
in support of the Representation of the Council (v . 2nd July,
1729), who have appointed Stephin Godin their Agent, in order
to obtain proper Instructions for the new Governor, etc. Signed,
AT. Middleton. Endorsed, Reed. 27th March, Read 16th July,
1729. 1 p. [C.O. 5, 360. ff. 157, I58v.]
Charles
Town.
[?Jan. 23.]
Jan. 23.
568. Council of S. Carolina to the Council of Trade and
Plantations. Pray for despatch of their affairs when referred
to them (v. July 2, 1729), as the emergency requires. Have
appointed Stephen Godin of London, Merchant, their Agent
etc. Signed, Ra. Izard, Wm. Bull, A. Skene, James Kinloch,
Char. Hart, Benja. Schenckingh, Benja. de la Conseillere.
Endorsed, Reed. 1st April, Read 16th July, 1729. (Without
date, v. preceding.} [C.O. 5, 360. ff. 159, 1600.]
569. Mr. Fane to the Council of Trade and Plantations.
Has no objection to 6 Acts of Jamaica submitted to him 30th
July. Signed, Fran. Fane. Endorsed, Reed. 24th Jan., Read
25th Feb., 172f . 1 p. [C.O. 137, 17. ff. 135, I860.]
Jan. 23. 570. Governor Burnet to Mr. Popple. Encloses old seal
Boston. etc., and begs for dispatch of what lies before the Board relating
to the Province. Signed, W. Burnet. Endorsed, Reed. 17th,
Read 18th March, 172f. 1 p. [C.O. 5, 870. ff. 192, 197u.]
C.P. XXXVI 20
306
COLONIAL PAPERS.
1729.
Jan. 23.
Boston.
571. Governor Burnet to the [? Duke of Newcastle],
Acknowledges seals etc. Continues : After the Assembly at
Salem had disputed my power of adjourning them for two
months and during that time refused to do any business, they
at last found themselves obliged to go upon the ordinary affairs
of the Province, to silence the clamours of the people. They
at the same time drew up a memorial to H.M. to shew cause
why they have not complyed with his Instruction, and upon
my desiring a copy of it, they refused it to me. But as I was
informed of the substance, I have sent a draught of an answer
to it, enclosed in my letter to the Lords of trade etc., tho' I
am humbly of opinion that their memorial has so little need of
an answer, that it is itself an aggravation of their undutifull
behaviour. I hope your Grace will think it absolutely necessary
to take effectual measures in parliament, to vindicate and
support H.M. just authority which has been so shamefully
slighted and affronted by this Assembly, etc. Signed, W.
Burnet. Endorsed, Duplicate, Rd. Apr. 10th. 3 pp. Enclosed,
571. i. Governor Burnet's answer to the Memorial of the
Assembly of the Massachusetts Bay, Nov. 22, 1728.
In order to give a full answer to the Memorial of the
House, I applyed to them on 20th Dec. for a copy
etc., but received for answer that they did not think
it proper to allow any copy of their memorial to be
given out. Upon this denial I prorogued them to
5th Feb., that they might if possible wear off these
ill impressions by a long recess. In the mean time
I have endeavoured to inform myself of the substance
from those who had heard it read etc. They say
that Governours of remote colonys have always been apt
to oppress the people : that H.M. cannot easily know
the truth, and therefore yt. it is best that Governours
should depend on the people for their salary. That the
civil list is only settled for the King's life, and that a
settling a salary for the time being would be doing no
more and that as Englishmen and by their Charter
they are free as to giving of money. To all this it may
easily be answered that Governours have no doubt
their faults, but it has been under arbitrary govern-
ments and at the head of great army's only that they
have been able to hurt the people's liberty's. That
Governours are not the only persons guilty of ambition ;
that men that affect to be popular in free nations
have better oppurtunitys to get exorbitant power
than any Governour etc. That if H.M. does not hear
the truth from Governours, it does not follow that he
can depend upon it from Assemblys who are often
under the influence of men who attack the prerogative
only to gain more power into their own hands. That
AMERICA AND WEST INDIES. 307
1729.
this is now the very case of this Province of which
the Government at home had full experience. For
Dr. Cook, the very same person who put the Assembly
upon making encroachments upon the King's rights
in Governor Shute's time and who defended them
as their agent in England is now the chief leader of
the present Assembly in the like attempts. And
for this reason it is most dangerous that a Governour
should depend on such an Assembly which is in other
words to depend on Dr. Cook a profest enemy to the
King's lawfull authority in this Province. That if
the salary was settled here during H.M. life upon
the Governour for the time being it might be taken
as a complyance with the Instruction, and that would
be doing no more than is done in Great Britain. That
it never was pretended in England that settling the
civill list was against the freedom of the people and
therefore it is a frivolous pretence here and it would be
a high presumption in this Colony to pretend that their
Charter gives them greater priviledges than are enjoyed
by the people of Great Britain. They complain of
my keeping them so long sitting to bring them to a
compliance etc. I thought my Instruction to insist
on an immediate complyance made it necessary etc.
They impute to me their long sitting at Salem whither
they say I removed them upon a groundless pretence. But
this is intirely a misrepresentation. For they them-
selves were the sole cause of the long sitting at Salem
to the needless charge of the Province by their refusing
to allow the adjournment, in open contempt of the
order of his late Majesty in Council upon the hearing
of Governour Shute's complaint and so neglecting to
do the ordinary business of the Province for two months
against the opinion of the Council which raised such
a clamour against them that they did go through it
at last, and as soon as that was over I gave them a
recess. All which appears by their votes, and I think
I had reason enough to remove them from Boston
upon that town's coming to a publick declaration
against the King's instruction at a town meeting held
on purpose and where Mr. Belcher whom they have
since chose their second Agent in Great Britain,
presided as moderator. They next reproach me with
the expensive reception and entertainment which they
gave me at first when at the same time the Province was
in debt ; and yet they offered me large sums at different
times which I refused. Their expenses on my reception
were not desired by me and since their debts did not
prevent so unnecessary a charge, I thought I might
308
COLONIAL PAPERS.
1729.
Jan. 24.
Boston.
Jan. 24.
North
Carolina.
571.
from thence conclude, they would shew due regard
to H.M. demands. But the sums they offered me
were contrary to my Instruction and therefore could
not be accepted by me. They hope however that H.M.
will be satisfied with their offers from time to time, etc.
Their method being the very thing against which
H.M. instruction is levelled and being avowed by them
in this memorial to be done for that very reason at
which H.M. has declared himself offended, to wit,
to make their Governour dependent on them, it
cannot be thought that H.M. will be anyways satisfied
with their excuses. But I humbly hope the matter
will be forthwith laid before the legislature as H.M.
has graciously been pleased to declare it should in
case of a refusal. Signed, W. Burnet. 6 pp.
ii. Duplicate of following. [C.O. 5, 898. Nos. 52,
52, i, ii ; and (without enclosures) 5, 752. No. 37.]
572. Governor Burnet to the Council of Trade and Plan-
tations. There has no ship sailed from this port for London
since my last of 27th Nov. till now, and therefore I have kept
the remainder of the votes to send by this ship. Your Lord-
ships will find by them that the Council had stood firmly for
H.M. Prerogative as to the adjournment of the Assembly to
Salem. Refers to their Memorial etc. as in preceding letter.
Continues : I was prevailed upon by my friends in the Assembly
whose affairs suffered very much to give them a recess before
Christmas, which tho' against my own inclination I at last
yielded to and have been importuned to continue the recess
to the 5th of March, when I intend to meet them again without
fail for to go through the business of the Province still depending.
But as to the fixing of a salary I have no expectation to succeed
in it, till a censure of Parliament is past upon the proceedings of
the Assembly which I hope your Lordships will obtain so as to
have it sent early in the Spring before this Assembly expires,
which it must at the end of April. I have just now received
your Lordships' letter of 23rd Oct., 1727 (sic) together with the
new seals, etc. Returns old seal and will return that of N.
Hampshire when he goes there, etc. Signed, W. Burnet.
Endorsed, Reed. 17th, Read 18th March, 172$. 3| pp. Enclosed,
572. i. Duplicate of No. 571 i. Same endorsement. [C.O. 5,
870. ff. 195-196?;., 198-202, 2080.]
573. Mr. Porter (Judge of the Admiralty in N. Carolina)
to the Duke of Newcastle. Abstract. Encloses copy of an order
signed by Governor Sir Richard Everard to John Lovick,
acting as Secretary under the late Proprietors, who has refused
to obey the same. Continues : Your Grace will comprehend
by the contents of that order what management there has been
AMERICA AND WEST INDIES.
309
1729.
Jan. 24.
Whitehall.
Jan. 27.
Jan. 29.
Whitehall.
here concerning lands for many years past, etc. There was an
order from the Lords Proprietors ever since 1711 forbidding
the issuing out warrants for land in the Southern parts of
this Governmt. unless purchased at 20 sterl. per 1000 acres.
Notwithstanding which the present Secretary has emitted a
great number of such warrants to the quantity of some 100,000
acres, and still continues to do ye same, tho' he well knows
H.M. has made a purchase of the soil ; which may be some
thousand pounds damage to the Crown etc. Continues : This
Mr. Lovick, Edward Moseley, Christopher Gale and William
Little were lately appointed at the expence of the Proprietors
to run the line between this Governmt. and Virginia etc., and
for such service they have been carving out their own satis-
faction in lands, and at the same time are making application
to H.M. to be allow'd in cash for the same service etc. Printed,
N.C., Col. Rec. Ill, 7. Signed, E. Porter. Endorsed, R. 10th.
li pp. [C.O. 5, 306. No. 12 : and 5, 1267. ff. 106-107i;.]
574. Council of Trade and Plantations to the King. In
obedience to order of 6th Nov. annex draught of a Seal for
Nova Scotia, " wherein we have had particular regards to the
products and fishery of the Province, both in the device and
motto. On the reverse of this Seal, we would humbly propose
your Majesty's arms, garter, supporters and motto wth. this
inscription round the circumference, Geo. 2. Dei gratia " etc.
[C.O. 218, 2. p. 123.]
575. Post Masters General to Mr. Popple. Our officer
to whose charge the letters for the Commissioners for Trade are
committed, informs us that there is 39 13s. lid. owing him for
postage etc., and that notwithstanding he hath often spoken to
you about it, he hath not yet got any money. The man is not in
a condition to disburse such a sum himself, and tis by no means
for H.M. service with regard to the good government of this
office, to suffer those under officers to run in debt. Wherefore
we desire you to represent this matter to the Commissrs.
that they would take some care the mony already due may be
paid, and for the future put it into such a method as there may
be no occation for such long accounts. Signed, Ed. Carteret,
E. Harrison. Endorsed, Reed. 5th, Read 6th Feb., 172|. 1 p.
[C.O. 388, 79. No. 39.]
576. Duke of Newcastle to the Council of Trade and Plan-
tations. Having lately received several letters from Mr.
Burnet Governor of New England, together with the copies of
others to your Ldps., relating to the irregular and undutifull
behaviour of the Assembly of that Province with regard to
H.M. Royal Authority and Prerogative, the due consideration
whereof being of great importance to H.M. service in that
310
COLONIAL PAPERS.
1729.
Province ; H.M. has commanded me to signify His pleasure
to your Ldps. that you should forthwith consider the same,
and report your opinion, what may be the most proper expedient
for supporting H.M. authority in that Province, and bringing
the people to a due sense of their obedience. As I am informed '
there are ships going thither in about a fortnight, I am to desire
you will please to let me have your report within that time,
that H.M. commands may be signified upon it by that oppor-
tunity. Signed, Holies Newcastle. Endorsed, Reed. 29th,
Read 31st Jan. 172g. I$pp. [C.O. 5, 870. ff. 152, 152i?., 1530.]
Jan. 30.
St.
577. Governor Lord Londonderry to the Duke of Newcastle.
I am this minute going up to Antigua to examine into the
i op ers. c j rcums t ances of an horrid conspiracy that some few days ago
was discovered there. The negroes, it seems, were at a certain
signal to rise, and cut of every white inhabitant of that island.
This matter is now under examination before the Lieut.
Governour, and Council, and proper measures have been taken
to prevent the execution of so abominable a design. I am sorry
I cannot now be more particular etc., but by the first ship that
sails I shall give your Grace a full detail etc. Signed, London-
derry. Endorsed, Rd. March 29th, 1729. Holograph. 2 pp.
[C.O. 152, 43. ff. 37, 37v., 38v. (without date or place) ; and
(duplicate, dated) 35.]
Jan. 30. 578. Same to the Council of Trade and Plantations.
St. Duplicate of preceding. Signed, Londonderry. Endorsed,
Christophers. R e cd. 29th March, Read 9th April, 1729. Holograph. If pp.
[C.O. 152, 17. ff. 47, 470., 48u.]
Jan. 30. 579. Mr. Popple to Mr. Oxenford, Assistant Inspector
Whitehall. General. Requests by next Tuesday an account of the pitch,
tar, rozin and turpentine imported from the Plantations for
six years past, distinguishing the species and quantity in each
year. [C.O. 324, 11. p. 143.]
Feb. 1.
Council
580. Order of Committee of Privy Council. A copy of
the charges against Mr. Middleton (v. 13th Nov., 1728)
are to be transmitted to him for his answer in writing to this
Committee. Signed, Temple Stanyan. Endorsed, Reed. 7th,
Read 21st March, 172 1. 1 p. [C.O. 5, 360. ff. 90, 91w.]
Feb. 1. 581. Order of King in Council. Approving report of
St. James's. Committee upon Col. Spotswood's petition, and ordering that
no advantage be taken of the invalidity of the petitioner's
grants, and that for the better confirmation of such of them
as are defective, the Governor do pass new and authentic
patents to him or his assigns, and that the remission of quit
rents granted to the two new counties in 1723, for seven years
AMERICA AND WEST INDIES. 311
1729.
be understood to extend to petitioner's two tracts of land
which were last taken up in the county of Spotsilvania con-
taining 59,786 acres. But in regard the petitioner did offer
to be bound to pay the usual consideration which is required
in Virginia, upon taking up lands, H.M. doth further order,
that upon the passing the said patents to petitioner or his assigns
he or they shall produce or pay the accustomed rights which
remain due for the same. Signed and endorsed as preceding.
6pp. [C.O. 5, 1321. ff. 100-102i;., 103U.]
Feb. 1. 582. Order of Committee of Council. Referring following
Whitehall, to the Council of Trade and Plantations for their opinion
thereupon. Signed, Temple Stanyan. Endorsed, Reed. Read
4th Feb., 172. 1 p. Enclosed,
582. i. Address of the House of Representatives of the
Massachusetts Bay to the King. Nov. 22, 1728.
We your Majesty's loyal and dutifull subjects, the
Representatives of yor. Province of the Massa-
chusetts Bay in the General Court assembled humbly
beg leave to approach yor. Royall Presence and
offer the reasons and grounds of our proceedings and
conclusions concerning a fixed sallary on the Governor
of this Province, which is directed to, by your Majesty's
twenty third Instruction to your present Governor
here. Nothing lesss than the prosperity or welfare
of this yor. most dutifull Province could have pre-
* vailed with us to have done anything disagreable
to Yor. Majesty's Instruction ; This Province is
under that natural disadvantage, by reason of its
distant situation, that it cannot be under yor. Majesty's
imediate inspection and care, as Great Britain our
happy Mother is ; it is and has been very well known,
in this as well as other nations and ages, that Governors
at a great distance from the Prince or Seat of Govern-
ment have great opportunities and sometimes too
prevailing inclinations, to oppress the people. And
it is almost impossible for the Prince, who is the most
carefull Father of his subjects, to have such matters
set in a true light. We humbly crave leave therefore
to suggest that it is very much for yor. Majesty's
interest and very necessary to the tranquility and
flourishing of this your Province, that the Governor
should be induced by his own interest, as well as duty
to yor. Majesty, to consult the interest and welfare
of the people, but should we fix a sallary, the Gover-
nor's particular interest would be very little affected
(while thus settled) by serving or disserving the peoples
interest, and we should do more than has ever been
done by the wisdom of Great Britain, notwithstanding
312 COLONIAL PAPERS.
1729.
the Nation, and your subjects in the most distant
parts of yor. Dominions, have so intire a confidence
in your Majesty and yor. interest and glory, and that
of your Royal Posterity, are inseparable from the
prosperity and welfare of your people, for we are all
yor. inheritance ; Yet the Civil List is settled for
yor. Majesty's life only, whereas neither the happiness
nor adversity of this Province, affect a Governor's
interest, when he has once left us, and the raising
and disposing of money from time to time, of our free
will and assent, for the defence and support of the
Government and protection and preservation of the
inhabitants, is the great priviledge, which as English-
men by Magna Charta and by the Charter granted
by King William and Queen Mary of glorious Memory,
the General Assembly, (as we humbly conceive) have
a right unto. For these reasons the house of Repre-
sentatives were perswaded they could not in duty to
your Majesty, and truthfullness to the people of this
Province, settle or fix a sallary, when yor. Majty.'s
Instruction for that end was first laid before them,
and in this conclusion the House had the concurrence
of yor. Majesty's Council here ; and since that, in
the course of the Governor's administration, we have
had no encouragemt. to do it from any grounds
or reasons for such special confidence in him, but the
treatment we have met with, in the methods that
have been used to bring us into a stated sallary, hath
tended to confirm and abundantly strengthen us in
our first determination ; for instead of the Governor's
laying our conclusion on that affair before yor.
Majesty, and waiting your direction to him, and
consulting in the mean time the benefitt and welfare
of the people, we were told by him that we were met
for that end, and so should continue, till we had
finisht it ; and when we were desirous to rise that
we might consult our constituents ; it was denied
us, and we have been compelled, to sitt for some
months, when the affairs of the Province have not
required it, for no other end but to bring us into the
settlement of a sallary, which we have often declared
we could not do ; and when this method did not
prevail, we were removed from the House and Records
belonging to the Generall Assembly in Boston, to
Salem, a town about twenty miles from Boston,
upon a pretence that the people in Boston influenced
the representatives against settling a sallary ; and
altho' since our being at Salem, we have assured
him that we acted freely therein, and that the same
AMERICA AND WEST INDIES. 313
1729.
reasons that prevailed with us at Boston, would go
with, and influence us everywhere, yet we are still
kept sitting there, to the great disservice of yor.
Majesty's interest, and grevious hurt and damage
of the Province. And all this has been (as we humbly
conceive) without any provocation from the Assembly
or people here. Your Majesty's Governor at his first
arrival was received with the highest respect and
greatest expence by much that ever was on such an
occasion, the Assembly took care for his entertainment
in a very honourable manner, according to the dignity
of his station at a private gentleman's house, till the
Province house was prepared for him, and altho'
the Province is under great difficulties, by being a
barrier to your Majesty's other plantations against
the Indian savages, which in a warr brings an excessive
charge sometimes of about fifty thousand pounds
p. anm., and has left a load of debt on the Province
of about two hundred thousand pounds, and how
soon a warr may break out again with them, we cannot
tell, and now in peace with them, the Province is at
the annual charge of many thousands of pounds to
preserve it ; yet soon after the Governor's arrival
the Assembly granted seventeen hundred pounds
to him ; fourteen hundred pounds to enable him to
manage the publick affairs, and three hundred pounds
to defray the charges of transporting his goods and
servants here, and informed him that at the usual
times, this and succeeding Assemblies would un-
doubtedly afford a support suitable to the dignity
of his person and station ; and since that, upon the
first opportunitys in the usual time of the year for
the second grant, as soon as the fall of the year was
arrived, notwithstanding they had been kept sitting
all the while, to the great damage of the Province,
they granted sixteen hundred pounds more, and since
those grants were passed, we have once and again
earnestly desired him to take both the one and the
other ; these sums are far beyond what has ever
been granted to any Governor heretofore, and we
doubt not but succeeding Assemblies, according to
the ability of the Province, will come into as ample
and honourable support from time to time, and should
they not, we acknowledge your Majesty will have just
reason to shew yor. displeasure with them ; but
while we continue to grant a support so honourable,
(as we humbly conceive) we have since the present
Governor's arrival, beyond other Plantations, con-
sidering the charge we are otherwise exposed to, and
814
COLONIAL PAPERS.
1729.
Feb. 3.
Custom
House.
load of debt lying upon us ; we hope we shall always
enjoy your Majesty's Royal Grace and Favour which
this universally loyall people, above all things desire ;
that the Crown may long flourish on your Royal Head,
and continue so in your most illustrious family to
the latest posterity is the sincere and hearty prayer
of etc. Signed by the Order of the House of
Representatives, William Dudley, Speaker. Copy.
6 pp. [C.O. 5, 870. ff. 154, 155-157u., 159u.]
583. Account of pitch, tar, rozen and turpentine imported
from the Plantations 1721-7.
Pitch & tar
lasts barrels
1722 4197 7
1723 5421 9
1724 6772 4
1725 6752 8 302
1726 5556 5 212
1727 2858 5 123
Signed, John Oxenford, Asst. Insp. Gen. Endorsed,
(from Mr. Oxenford) 4th Jan., Read 6th Feb., 172 jj.
323, 8. No. 106.]
Rozen
cwt. qr. Ib.
56 2 22
53 -
56 1
2
3
1
Turpentine
17
17
25
10
25
cwt.
8,546
15,599
23,676
30,084
18,314
27,324
qr.
1
1
2
2
1
Ib.
7
12
13
21
18
5
Reed.
[C.O.
Feb. 4. 584. Lord Townsend to Governor Hunter. Recommends
Whitehall, to his favour and protection M. de Chanflour who is already
known in Jamaica, and has been recommended to him by the
Comte de Broglie, French Ambassador. Signed, Townsend.
French. Ij pp. [C.O. 137, 53. ff. Ill, lilt;., and (duplicate]
113, 113*;.]
[Feb. 4.] 585. Comte de Broglie to Lord Townshend. Recom-
mending M. de Chanflour as above. French. \ p. [C.O.
137, 53. /. 115.]
Feb. 4. 586. Mr. Fane to the Council of Trade and Plantations.
Report on Act of Jamaica, 1728, for raising a tax on the poll
and on trade etc. Though Governor Hunter may be thought
guilty of a breach of his 31st Instruction in accepting this
present from the Assembly, yet in the light of his 32nd In-
struction it may be proper to be confirmed etc. Signed, Fran.
Fane. Endorsed, Reed. 4th, Read 20th Feb. 172|. If pp.
[C.O. 137, 17. ff. 129, 129u., 130i\]
Feb. 5. 587. Richard Fitzwilliam, Surveyor General of H.M.
Customs in the Southern district of America, to the Council of
Trade and Plantations. Prays to be restored to the Councils
of Virginia, Jamaica and S. Carolina, from which he was omitted
AMERICA AND WEST INDIES.
315
1729.
Feb. 6.
Whitehall.
Feb. 6.
Clarges
Street.
Feb. 10.
Whitehall.
Feb. 10.
Jamaica.
by an oversight when they were reconstituted after the demise
of his late Majesty, etc. Endorsed, Reed. 5th, Read 6th Feb.,
172. l^pp. [C.O.5, 1321. ff. 94, 94u., 95i>.]
588. Mr. Popple to Mr. Oxenford. Requests accounts of
species and quantities of naval stores imported from all parts
etc. Christmas 1722-1727. [C.O. 324, 11. pp. 143, 144.]
589. Mr,. Dunbar to Mr. Delafaye. Being about to imbark
to spend the summer in the woods of Nova Scotia, requests
him to represent to the Duke of Newcastle that he may have an
order for a guard of 40 soldiers from the garrison of Annapolis
Royal to protect him and his deputies from the Indians etc.
Continues : There is a large settlement of French from Nova
Scotia at the bottom of the Bay of Fundy, who remain'd there
upon the Queen's peace as subjects of England and upon con-
dition that they should take the oath of allegiance which they
never have done, and they yet look upon themselves as French
and under ye Government of Cannada, and will obstruct the
surveys and settlements in those parts. Proposes that a letter
be obtained from the French Court to let them know that they
will receive no protection from them etc. Continues : My letters
from New England tell me that there are six hundred familyes
there, mostly from Ireland, who resolve to settle in the new
country adjoyning to it, which I believe is scarce reckon'd
part of Nova Scotia, and that very many more Protestant
familyes from Ireland were expected there this ensuing season ;
I have seen in our newspapers a memorial to the Lords Justices
setting forth the great inconveniencies of those people leaving
that Kingdom, to prevent wch. I humbly presume that if H.M.
would declare in ye Gazette that all His Governors abroad
should be strictly forbid to grant any lands to any of His Pro-
testant subjects who should transport themselves without
lycence, an entire stop would thereby be put to that humour
in Ireland etc. Petitions for a few arms and ammunition to be
given to a select number of the new adventurers already there,
to form them into a militia to defend themselves, and offers
to be responsible for such arms etc. Signed, David Dunbar.
3 pp. [C.O. 5, 898. No. 55.]
590. Duke of Newcastle to Governor Hunter. The place
of Secretary of Jamaica being fallen to Mr. Balaguier, by virtue
of a reversionary grant, upon the death of Mr. Congreve, recom-
mends him to his particular favour and protection etc. Signed,
Holies Newcastle. Copy, f p. [C.O. 137, 53. /. 116.]
591 . Governor Hunter to Mr. Popple. Acknowledges letter
of 20th Nov. etc. Will observe what he writes as to recommending
Councillors. Continues : We expect the arrival of Collo.
31C COLONIAL PAPERS.
1729.
Lilly every day. The Assembly have already allowed him
as an addition to his salary five shillings pr. diem, and I shall
do him what further service is in my power. Our Assembly is
now sitting and they have passed several of the most material
bills, such as the additional duty and deficiency laws and one
for the further encourageing the settlement of Port Antonio
and are now preparing one for the further strengthening of the
Island against any attempts that shall be made by a foreign
enemy. This is in consequence of what I recommended to
them in obedience to H.M. commands etc. (v. Sept. 15, 1728.)
Upon reciept of those orders I immediately review'd the several
regiments of Militia in the adjacent parts and gave directions
for the repairing such of the fortifycations as were thought of
most importance and necessary, for which service the Assembly
have appropriated out of the additional duty bill 2000 and am
in hopes they will finish the rest of the business I recommended
to them with that harmony and dispatch they have promised
by their Address. I am informed that some of H.M. ships are
to sail about a month hence. By them I shall transmit to their
Lordships such Acts as I have assented to and other publick
papers. P.S. Feb. 15. Since what is above written, the
Assembly have passed several bills and gone through the most
necessary business for the country's service, and I hope to H.M.
satisfaction. So soon as the Acts passed and the Minutes of
the Council and Assembly can be got transcribed I shall take
particular care to have them transmitted to their Lordships,
and have at the Assembly's desire prorogued them to the 25th
day of March next. Signed, Ro. Hunter. Endorsed, Reed. 3rd,
Read 21st May, 1729. 3 pp. [C.O. 137, 18. ff. 9-10u.]
Feb. 11. 592. Council of Trade and Plantations to Governor Burnet.
Whitehall. \y e should sooner have acknowledged the receipt of your letters
of 30th Sept., 26th Oct. and 27th Nov. last, with respect to the
disputes between you and the Assembly of the Massachusets
Bay, in relation to the settlement of your salary, and to their
being adjourn'd to Salem ; but that we waited to see whether
any person would appear in behalf of the Assembly ; and as
the Assembly have lately transmitted an Address to H.M.
relating to these matters, which has been referr'd to our con-
sideration, whereupon they have desir'd to be heard by their
Council, your Agent will be allow'd the same liberty, in your
behalf ; and so soon as we shall have heard what can be
offer'd on both sides, concerning the points in dispute, we shall
, report our opinion thereupon at large to H.M. In the mean-
time, we very much approve of your prudence, and integrity
in declining to accept of money from the Assembly upon any
terms different from those enjoyn'd you by yor. Instructions ;
So we bid you heartily farewell, and are, Your very loving friends
and humble servts. etc. [C.O. 5, 916. ff. 181, 182.]
AMERICA AND WEST INDIES. 317
1729.
[Feb. 11.] 593. Petition of Merchants trading to Virginia to the Council
of Trade and Plantations. Pray for repeal of Act of Virginia,
1705, declaring how long judgments, bonds etc. shall be in force
etc., and ascertaining the damage upon protested bills of exchange
etc. It is a law very detrimental to trade, as it limits actions
on judgments, bonds and merchants' accounts, without any
saving, " and is unjust in other respects etc. The act which
stands next to it in the book printed by your Lordships'
direction, answers all the just purposes of limitation." Signed,
Micajah Perry, and 8 others. Endorsed, Reed., Read llth
Feb., 172$. 1 p. [C.O. 5, 1321. ff. 96, 97t>.]
Feb. 12. 594. Council of Trade and Plantations to the King. Mr.
\\inti-iKiii. Fitzwilliam, Surveyor General of the Customs in the South
part of America, having been appointed by his late Majesty,
your royal Father, a member of the Councils of Virginia, South
Carolina and Jamaica ; but his warrant for this purpose not
having been renew'd since your Majesty's happy accession to
the Crown, the Governors of those places have not thought
themselves impower'd to admit him to a seat in the Councils
there ; and therefore we take leave humbly to propose to your
Majesty, that his warrant be forthwith renew'd, it being for
your Majesty's service, that the Surveyor of your Customs
should be a member of every Council in those Governments
within his district. [C.O. 324, 11. pp. 144, 145 ; and 5, 1366.
pp. 12, 13.]
Feb. 12. 595. Mayor and Merchants of Poole trading to Newfound-
Pooie. land. Reply to 13th Nov. : Our Masters coming home so very
late from Newfoundland, we could not well answer before etc.
Contrary to the Act of Wm. Ill for the encouragement of the
trade to Newfoundland etc., many ships from New England,
Ireland, Guernsey and Jerzy (who have a great advantage of
the merchants here, by the cheapness of their provision and
men, and also the craft, tackle and merchandize they carry)
fish in the said land and take up stages and fishing rooms etc.
Such ships as come from New England decoy and yearly carry
into New England great numbers of sailors and fishermen
employed there, to the prejudice of the merchants of England,
who are obliged for want of such men to give extraordinary
wages to such servants as they there employ. By the said
Act all oil taken and made by any ship trading from England
is to be deemed free, notwithstanding if the owner of several
ships send any of his ships abroad to market wth. their fish,
vizt. to Spain etc., and the oil taken and made by such ships
home to England in any other of their vessels, such oil is by
the officers here obliged to pay the duty, this year tho' never
known before etc. Signed, Jno. Strong, Mayor and 17 others.
Endorsed, Reed. 14th Feb., Read 20th May, 1729. Addressed.
Postmark. 2 pp. [C.O. 194, 8. ff. 206-207i;.]
318
COLONIAL PAPERS.
1729.
Feb. 13.
Jamaica.
Feb. 13.
Whitehall.
596. Mr. Donovan to the Duke of Newcastle. Refers to
his dispute with the Assembly as contractor for supplying rum
to the Naval Squadron etc. Signed, Tim Donovan. Endorsed,
Rd. May 3. 2 pp. Enclosed,
596. i. Letter from Mr. Donovan to the Assembly of Jamaica
Feb. 5, 1729. Signed, T. Donovan. Copy. 2 pp.
[C.O. 137, 53. ff. 118, U8v., U9v., 120, 120i;.]
597. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 2 Acts of Nevis, 1728 (i) for raising a poll tax
on negroes etc., and (ii) for providing a house and settling 500
pr. ann. on H.E., and laying a tax upon all sugar and molosses
shipped from Nevis etc., and 3 Acts of St. Kitts, 1728, (i) for laying
of certain duties upon sugars, molosses and other goods the growth
and manufacture of the island to be exported ; (ii) for settling
2000 pr. ann. current money upon H.E. during the term therein
mentioned etc., and (iii)/or supplying a defect in the Act for laying
duty upon exports etc. (supra}. [C.O. 153, 14. pp. 407-409.]
Feb. 13.
Whitehall.
Feb. 14.
Whitehall.
Feb. 14.
Whitehall.
Feb. 15.
Jamaica.
598. Duke of Newcastle to the Council of Trade and
Plantations. Encloses following ; with copy of Governor
Worsley's answer to a similar petition last year, for their report
upon the whole. Signed, Holies Newcastle. Endorsed, Reed.
13th, Read 25th Feb., 172|. 1 p. Enclosed,
598. i. Petition of the General Assembly of Barbados to the
King. Complaints against Governor Worsley. Dupli-
cate of July 25, 1728. q.v. Endorsed, Reed. 13th
Feb., 172. 6 pp.
598. ii. Copy of Governor Worsley's letter to D. of N. 13th
Sept., 1728. Endorsed as preceding. 21f pp. [C.O.
28, 20. ff. 78, 79U.-94W., 96t\]
599. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, a parcel of 14 acts of the Massachusets Bay
passed in 1728. [C.O. 5, 916. pp. 178-181.]
600. Council of Trade and Plantations to the King. Submit
for confirmation act of Virginia to enable William and Thomas
Farrer etc. [C.O. 5, 1366. pp. 13, 14.]
601. Governor Hunter to Mr. Stanyan. Repeats gist of
part of letter to Mr. Popple, Feb. 10, adding : All our advices
from Cuba say the Spaniards are very busy in repairing their
fortifycations and making other warlike preparations. I cannot
learn that they have any great strength of ships of war in these
parts. They have only two one of seventy and the other of
sixty guns on the coast of Cartagena and Portobell, and two at
La Vera Cruz and the Havanna, one of sixty and the other of
AMERICA AND WEST INDIES. 319
1729.
fifty guns and some small craft ; this is the best information I
can get etc. Signed, Ro. Hunter. Endorsed, Rd. May 3rd.
2 pp. [C.O. 137, 53. ff. 122, I22v., 123t;.]
Feb. 15. 602. Corrected drafts of letter from the Duke of Newcastle
Whitehall, to Governor Hunter, sent 17th Feb. (q.v.). In these drafts the
reinforcements are mentioned, vizt. 8 large men of war and
2000 land forces. 9 pp. [C.O. 137, 47. Nos. 3-5.]
Feb. 16. 603. Thomas Lowndes to Mr. Popple. Hearing that the
Lords Commissioners for Trade, are teazed by Pretenders to
merit in bringing about the purchase of Carolina, I transmit
a copy of the reasons which last year I drew, and which were
approved of by the Speaker of the House of Commons and 16
other Members, when the demand was made for the purchase
money in Parliament. The proposal of attacking Fort
Augustine and obstructing from Port Royal in South Carolina
the Spanish navigation was first made by me, to a person of
great figure in the administration, in May next will be three
years and was then liked. What service I have since done in
obviating any difficulty that might happen, and in removing
obstructions that arose whilst the bargain for Carolina was
negociating a noble Lord of your board etc. will I doubt not
readily vouch for. And I have ample testimony of the pains
I have since taken to keep matters between the Crown and the
Proprietors from being inflamed. Col. Lilly was too candid
a gentleman not to own publickly the assistance I gave him in
drawing his map of Carolina ; I having the most authentic
manuscript map of that country and of Port Royal in particular.
For as for poor Governour Rogers his is only an unnatural fiction,
for there can be no such place as he represents Port Royal to
be ; till the nature of water is altered and the globe new
moulded. Encloses copy of letter from Govr. Craven, a gentle-
man of known honour etc. Continues : It is my humble
opinion that the Spaniards make their clamorous memns.
about the little Fort upon Allatamaha River to conceal their
intentions of getting from us by Treaty the territory we have
upon the Gulf of Mexico. For the Bay of Apalachia is most
certainly ours. And it is highly probable there is a good
harbour, either at the entrance of the River de Guitare, or the
River Flint. And the country is esteemed very fertile and the
Indians that did inhabit it are either chased away or killed.
Of what use it may be to the Spanish Nation to have such a
concession or of what prejudice to us to grant it, the Lords
Commrs. for Trade are the best judges. P.S. There is I hear
a great disposition in the richer Palatins and Germans about
Leige to go to South Carolina. So a good revenue may be made
immediately to the King by quitt-rents. Signed, Tho. Lowndes.
Endorsed, Reed. 16th Feb., Read 16th July, 1729. If pp.
Enclosed,
320
COLONIAL PAPERS.
Feb. 17.
Whitehall.
1729.
603. i. Governor Craven to Tho. Lowndes, May 4, 1726.
There is water enough at Port Royal for any ships to
come over the barr etc. It may be very easily fortifyed
at a small expence to secure the trade from any
damage from enemys. The timber near it is as good as
in any part of the Continent, the land very fertile and
proper for flax, hemp or grain, and great plenty of
good cattle and fish etc. Signed, Cha. Craven.
Endorsed, Reed. 16th Feb., 172f . Copy. 1 p.
603. ii. Some reasons to shew the absolute necessity for
the Crown's buying the propriety of the Carolinas as
also the advantagiousness of that purchase to the
Publick. v. covering letter. Signed, Tho. Lowndes.
3 pp. [C.O. 5, 361. ff. 1, lv., 2v., 3, 4t>.-6u.]
604. Duke of Newcastle to Governor Hunter. Sir, His
Majesty etc., hath fresh intelligence that the Court of Spain
have a design, as soon as the galleons are arrived at Cadiz,
where they may probably be by this time, to make an attempt
upon Jamaica with a strong squadron, on board which are to
be some land forces, and a considerable number of Militia from
the island of Cuba ; that the Spanish men of war in the several
ports of Galicia and Biscay were to sail from thence to Cadiz,
to joyn those now in that port, which are designed for that
expedition, and that it is said the descent is to be made upon
the northern coast of Jamaica, which they look upon to be the
weakest part of the island. Your Excy. will therefore in con-
cert with Commadore St. Lo, to whom I also, write by the
King's order, take the necessary measures for the defence of a
Colony of so great importance to the Trade and Navigation of
H.M. Dominions. And it is H.M. pleasure that you should
take great care to give as little alarm as possible, and particularly
that the Spaniards may not take a pretence from anything
you shall do, to detain the ships of the South Sea Company, or
seize any of the effects of H.M. subjects in the West Indies. As
the force your Excy. has, may not, in H.M.'s opinion be suffi-
cient for yor. defence, the King is considering what further
reinforcement it may be proper to send you, but of this you
will take no notice to anybody but Commadore St. Lo (v. Feb.
15). The King has that confidence in yor. Excy's skill and
abilities, as well as in your zeal for his service, that H.M. is
persuaded you will omit nothing that you shall judge to be
necessary for the security of the Island under your Government.
Signed, Holies Newcastle. 2 & pp. [C. O. 137, 47. No. 2 ;
and 137, 53. ff. 124, 124u.]
Feb 17
Jamaica *" 605. Governor Hunter to the Duke of Newcastle. I wrote
to Mr. Stanyan two days ago etc. This morning I recieved
advice that two ships of forty guns were arrived at the Havanna
AMERICA AND WEST INDIES. 321
1729.
from Old Spain loaded with iron work and other utensils for
the building ships, which they are doing at the Havanna and
Campechea, and that they talk much of warr in those parts ;
The Spaniards are building a strong fort of forty guns at the
river Chragra fourteen leagues to the leeward of Portobell
and are repairing their fortifycations on that coast. Old Admiral
Conejo on board the Catalan of sixty guns and another ship of
that bigness were upon the coast of Portobell and had taken a
Dutch ship and an English vessel as prize etc. Signed, Ro.
Hunter. Endorsed, Rd. May 3. 1 p. [C.O. 137, 53. ff. 126,
12Tt>.]
Feb. 18. 606. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law on Friday morning next, two acts of Virginia
passed 1705, (i) declaring how long judgments, bonds etc.,
shall be in force ; and (ii) for limitation of actions, etc. " which
are in the printed volume of Virginia laws." [C.O. 5, 1366.
pp. 14, 15.]
[Feb. 20.] 607. Thomas Truman to the Council of Trade and Plan-
tations. Petitioner having received a memorial of loss and
damage (734 11s. sterl.) sustained by Alexandra Woodrop
of Philadelphia by the capture of the brigantine Two Friends,
June, 1720, by a Spanish privateer, in her voyage from St.
Christopher to Philadelphia, prays the Board to lay the case
before H.M., in order to obtain satisfaction from the King of
Spain etc. Endorsed, Reed., Read 20th Feb., 172|. 1 p.
Enclosed,
607. i. Invoice of above goods etc. 1 p.
607. ii. Deposition of Alexandra Woodrop, late of St.
Christophers but now of Philadelphia, relating to
above etc. 1 p. [C.O. 388, 28. t. 62.]
Feb. 25. 608. Council of Trade and Plantations to the Lords Com-
Whitehaii. missioners of the Treasury. Enclose letter shewing that there
is due to the Postman for letters deliver'd to this office from
Christmas 1726 to 10th June 1727 39 135. lid. We have
likewise been apply'd to by the widow of Samuel Clarke, late
our Doorkeeper, who us'd to disburse the money for our inci-
dental services (and who has left his wife and several children
unprovided for) for the payment of the annex'd account of
money laid out by him etc. amounting to 231 18s. 4|d. These
two cases being very singular and deserving compassion, we
cou'd not avoid laying them before your Lordps., having no
fund for the payment of them, and not thinking ourselves
authoriz'd to charge them even to our future incidents without
your directions etc. Upon Mr. Clarke's decease, according to
your Lordships' desire (15th July, 1724), we have sank the
employment which he possess'd, and shall apply his salary to
g.p xxxvj 21
322
COLONIAL PAPERS.
1729.
Feb. 25.
Whitehall.
Feb. 28.
Feb. 28.
Virginia,
Wmsburgh.
Feb. 28.
March 2.
March 3.
the payment of our Porter, whereby the incidents of our office
will for the future be eas'd of that annual charge. [C.O. 389,
37. pp. 298, 299.]
609. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
Encloses, for their opinion in point of law as soon as possibly
may be, Acts of Jamaica passed in 1728, (i) for granting a revenue
to H.M. etc., for the support of the Government, and for reviving
and perpetuating the Acts etc., and (ii) to oblige the inhabitants
to provide themselves with a sufficient number of white people.
Encloses for their better information, the draught of a bill for
raising a revenue formerly prepared here to be passed into a
law in Jamaica, and a copy of the Instruction given to Governor
Hunter for his direction in that matter. [C.O. 138, 17. pp.
260, 261.]
610. Order of the House of Commons, that the Com-
missioners for Trade and Plantations do lay before this House,
the complaints of several merchants touching their losses
sustained in the West Indies, in order to be laid before the
Congress at Soissons. Signed, E. Stables, Cl. Dom. Com. En-
dorsed, Reed. 1st, Read 4th March, 17||. | p. [C.O. 388, 28.
t. 63.]
611. Lt. Gov. Gooch to the Duke of Newcastle. Supports
address against prohibition of stripped tobacco, v. No. 641, i.
Signed, William Gooch. Endorsed, R. May 19th. 3 large pp.
Torn. [C.O. 5, 1337. ff. 130-131i;.]
612. Mr. Fane to the Council of Trade and Plantations.
Has no objection to 2 acts of Nevis and 3 of St. Kitts, 1728.
(v. No. 598.) Signed, Fran. Fane. Endorsed, Reed. 28th Feb.,
Read 21st March, 1729. 2 pp. [C.O. 152, 17. ff. 3, 8v, 40.]
613. Mr. Fane to the Council of Trade and Plantations.
Has no objection to 12 Acts of New Jersey submitted to him
13th Nov., 1728. Signed, Fran. Fane. Endorsed, Reed. 3rd
March, 1728, Read 29th March, 1729. If pp. [C.O. 5, 972.
ff. 177, 1770., 182u.]
614. Mr. Fane to the Council of Trade and Plantations.
Has no objection to the Act of Virginia, 1705, for limitation of
actions etc., but is of opinion that the Act, 1705, declaring how
long judgments, bonds etc. shall be in force etc. is unnecessary
and ought to be repealed, it being in many particulars repugnant
to the Statute of 21 Jac. I, which the other enforces and
pursues in every particular. Of the many material differences
between the second act and that of James I one is of itself
sufficient to cause its repeal. By the statute of King James
AMERICA AND WEST INDIES.
323
1729.
neither bonds nor judgment are limited, in this both are.
Continues : This is manifestly a very great prejudice to trade
by weakening the securities of creditors which in all trading
countries ought as much as possible to be avoided ; for a good
security of money has been ever lookt upon as the life of credit,
etc. Signed, Fran. Fane. Endorsed, Reed. 3rd, Read 21st
March, 172$. If pp. [C.O. 5, 1321. ff. 104, 104^., W5v.]
[March 4.] 61 5. Richard Partridge, Agent for New Jersey, to the
Council of Trade and Plantations. Requests report upon six
Acts of New Jersey passed 1727-1728. Signed, Richd. Part-
ridge. Endorsed, Reed. 4th, Read 13th March, 172|. Addressed.
1 J pp. [C.O. 5, 972. ff. 176, 176w., 188u.]
March 4.
Whitehall.
March 5.
March 8.
London.
March 8.
Jamaica.
61 6. Council of Trade and Plantations to the King. Recom-
mend confirmation of Act of Antigua, 1728, for making a
settlement on H.E. etc. [C.O. 153, 14. pp. 409, 410.]
617. Memorandum of Order of House of Commons that the
Council of Trade and Plantations lay before the House their
reports to His present or late Majesty touching the right of the
subjects of Great Britain to cut logwood in the Bay of Cam-
peachy. Endorsed, Reed., Read 12th March, 172|. 1 p.
[C.O. 388, 28. t. 65.]
618. Petition of Tobias Wall to the Council of Trade and
Plantations. The sloop of his correspondent, John Gallway
of St. Christophers, was taken by a Spanish privateer near the
island of St. Cruz etc. She was then under sail, and had not
been trading at any place belonging to the Spaniards, nor was
intended to do soe, but nevertheless was carried to Porto Rico
and there condemned etc. Prays that H.M. may be moved to
obtain satisfaction from the Court of Spain etc. Signed, T.
Wall. Endorsed, Reed. 10th, Read 12th March, 172f. 1 p.
[C.O. 152, 17. ff. 1, 2o.]
619. Governor Hunter to the Council of Trade and Planta-
tions. Sends by H.M.S. Larke Minutes of Council, Journals of
Assembly and six Acts passed the last Sessions " under the seal
of the Island, which at this time could not afford parchment so
I was constrain 'd to make use of Royal paper." Continues :
The first five of these Acts are annual and such as your Ldsps.
have frequently had from hence and so can require no explana-
tion. The last is an eventual one in case of warr and I believe
yr. Ldsps. will think as I do that it is a good and necessary one.
It is intitled an Act for strengthg. and secureing the Island agt.
any attempts by foreign enemys, etc. The clause for armg. the
Militia uniformly is obligatory in a definite time. I have done
what lay in my power to put the Militia on a better footing,
324
COLONIAL PAPERS.
1729.
repaire and garnish the forts and places of strength and rouse
the inhabitants for their own security wth. some successe and
hope wth. a little time and some patience I shall bring everything
to bear for H.M. service here and security and credit of this
his important Island. I have mention'd to Mr. Delafay the
Agent the difficulty's wch. grow upon me with relation to a
Quorum in Council. Two are already in England, two more,
vizt. Mr. Ayscough and Mr. Laws imediatly bound thither and
three more living in the extreme parts of the Island that I can
but seldom expect their Compa., these are Swymer, Stout and
Campbell, that it may fall out that the publick businesse must
stand still or I under a necessity of subjecting myself to censure
for acting without them, where I am requir'd by my Instructions
to take their advice. I formerly recommended to yor. Ldsps.
three persons in case of vacancy's etc. I cannot as yet think
of more who are fitt and will accept of the place, etc. Signed,
Ro. Hunter. Endorsed, Reed. 13th, Read 14th May, 1729.
2 pp. [C.O. 137, 17. ff. 143, 143i>., 1440.]
[March 8].
March 8.
Jamaica.
March 10.
N.
Providence.
March 10.
N.
Providence.
620.
No. 6.]
Extract from above letter. \ p. [C.O. 137, 47.
621 . Governor Hunter to the Duke of Newcastle. Encloses
copy of preceding letter and refers to his letter to Mr. Delafaye,
adding : The Spaniards on this side continue to talk of warr
and act as if it were begun, they are repairing their old forts
and raising new r ones, and continue their depredations etc.
Signed, Ro. Hunter. Endorsed, R. May 10. 1 p. Enclosed,
621. i. Copy of No. 621. [C.O. 137, 53. ff. 128, 129u.]
622. Governor Phenney to the Duke of Newcastle. Encloses
annual papers. Hopes that the great want of stores of war
indicated will be soon supplied. Signed, G. Phenney. Endorsed,
Rd. June, 13. 1 p. Enclosed,
622. i. Minutes of Council of the Bahama Islands, 9th Jan.,
1728, 2nd Jan., 1729. 33 pp. [C.O. 23, 14. ff.
74, 75v 92.]
623. Governor Phenney to the Council of Trade and Plan-
tations. Encloses, by way of So. Carolina, following public
papers, including account of gunner's stores, " by which your
Lordps. will perceive the great want we are in at this place,
which I hope will be supplied." Signed, G. Phenney. Endorsed,
Reed. 14th June, Read 15th July, 1729. 1 p. Enclosed,
623. i. Answers to Queries from the Board of Trade for the
year 1728. Shows only slight variations from return
of 16th March, 1728 q.v. The Revenue amounted
to 367 pieces of f . 6 negroes imported from S. Caro-
lina. Same endorsement. 8| pp.
AMERICA AND WEST INDIES.
325
1729.
March 13.
Whitehall.
March 14.
London.
March 14.
Whitehall.
March 14.
623. ii. Treasurer's account of public funds, Receipts :
Balance brought forward, 31 2*. 3d. Public duties,
65 4*. Qd. Reed, for the Church, 8 35. Qd. Total,
104 Ws. 3d. Carried forward, 45 55. Qd. Signed
and sworn to by Pr. Goudet, Treas. N. Providence, 2nd
Jan. 172 J. Endorsed, Reed. 14th June, 1729. 1 p.
623. iii. Account of Ordnance stores, 12th Nov., 1721 1st
Jan., 1729. Signed, Wm. Shott, Gunr. Endorsed
as preceding. 2f pp.
623. iv. List of Baptisms (3) ; marriages (12) ; burials (7),
in 1728. Same endorsement. 1 p. [C.O. 23, 2.
ff. 194, 195i;. 200, 201*;. 205u.]
624. Mr. Popple to Mr. Fane. Encloses for his opinion
in point of law Act of New Jersey, 1714, for confirming of
conveyances of lands made by wills and powers of Attorney
etc. [C.O. 5, 996. p. 256.]
625. Memorial of loss and damage (556 10s. New England
money) sustained by the capture of the Princess Snow by the
Spaniards, Dec. 1718, laden with fish from New England for
Bilboa, and shipped by Messrs. Gilbert and Cradock for account
of Messrs. Raphe and Denn of London. Signed, Raphe and
Denn. Endorsed, Reed. 14th March, 172$. 1 p. [C.O. 388, 28.
t. 66.]
626. Council of Trade and Plantations to the Duke of
Newcastle. Enclose copies of Mr. Wall's petition, 8th March,
and an account of the loss sustained by Messrs. Raphe and
Denn, on board the Princess snow bound from New England
to Bilboa with a cargo of fish, Dec. 1718, carried into Port St.
Antonio etc. [C.O. 389, 28. p. 392.]
627. Col. Dunbar to Mr. Popple. Encloses following.
Is about to sail for Boston, and asks for directions about the
masts seized and timber sent to Spain from N.E. Thinks the
export of large planks thither should be prohibited, which wd.
disappoint the building ships of war. Makes suggestions for
amending the act, wh. is urgently needed. Endorsed, Reed.,
Read 14th March, 172$. Addressed. If pp. Signed, David
Dunbar. Enclosed,
627. i. Thomas Haley to David Dunbar, Jan. 23, 1729.
Boston. Refers to three former letters. Continues :
Friday the 10th currt. I had a letter from Mr. Slade
dated at Portsmouth the 7th wherein he tells me that
on ye 3rd he seized in the outskirts of the township of
Exeter 200 fine masts, from 24 to 28 inches in diameter
and of proper lengths for H.M. use, Mr. Dunbar got a
letter to ye same purpose, upon wch. he forthwith
repaired to Piscataqua, in order to secure if possible ye
seizure and to proceed to Casco Bay etc. I heartily
326 COLONIAL PAPERS.
1729.
wish he may be able to secure the trees, for it is a
common practice that so soon as the seizure is made,
(for want of proper persons to watch) the country people
throw them all into the rivers, and what becomes of
them nobody knows etc. Mr. Auchmuty, the Advocate
General, has given his opinion to Mr. Dunbar that he
should prosecute offences of the kind within townships,
at common law, though he says he's well assured you'll
meet no success here, yet by the Charter you may appeal
from such judgment etc. As for trees cut down
without townships, he is also well assured, we shall
meet with none, the great part of the country where
these valuable trees grows, being already laid out
into townships, merely to evade the Act of reservation.
I send you a duplicate of the memorial Mr. Dunbar
gave into H.E., who with all ye candor imaginable
express'd his readiness to issue a Proclamation, and
his intentions (so soon as ye Council meets) to procure
such Acts, as will more effectually prevent ye daily
practice of destroying H.M. woods. There are now
at Casco, one very large and two small ships, loaden
with plank for Spain, but as these planks were cut
before we came, Mr. Dunbar does not judge he has
a power to seize them. Cou'd the exportation of such
vast quantitys of timber by any means be prevented,
H.M. yards cou'd never want a supply of such timber
of all sorts, as Mr. Slade says he has not seen anywhere.
It is very moveing to hear complaints at home, for
want of timber, when ye King's own subjects here dare
with impunity supply his enemies abroad etc. Signed,
Thos. Hardy. Subjoined,
627. ii. Memorial of Jeremiah Dunbar, Depty. Surveyor
of H.M. woods, to Governor Burnett. Requests H.E.,
in accordance with his Instructions, to issue a pro-
clamation for the observance of the Acts for the
reservation of mast trees etc., and obtain from the
Legislature the enacting of Acts proper for encouraging
naval stores and the prevention of abuses therein,
especially obliging makers to put their names and
places upon their casks etc. Signed, Jer. Dunbar.
Copy. 8J pp.
627. iii. Mr. Haley to David Dunbar. Jan. 27, 1729, Boston.
Congratulates him upon Jeremiah Dunbar's getting the
200 trees seized by him condemned in the Admiralty
Court at Portsmouth etc. Fears that they will have a
great deal of trouble and expense in guarding them
from being cut into logs etc. Mr. Dunbar has already
marked several fine trees, and is determined to go
immediately to Casco Bay and in his way to visit the
AMERICA AND WEST INDIES. 327
1729.
woods etc. Continues : I find him determined to
bring this people to honesty, either by dint of reason,
or force of law etc. Signed, Thos. Haley. Copy. \\
pp. [C.O. 5, 870. ff. 186-189i;., IQ3v. ; and (dupli-
cates of enclosures only) 5, 898. Nos. 53, 54.]
March 17. 628. Duke of Newcastle to the Council of Trade and
Whitehall. Plantations. Encloses following for their report thereon.
Signed, Holies Newcastle. Endorsed, Reed., Read 18th March,
172?. 1 p. Enclosed,
628. i. Memorial of David Dunbar, Surveyor General of the
lands of Nova Scotia, to the King. For six years past
many Protestant familyes transported themselves
from Ireland to your Majesty's collonyes on the Con-
tinent of America, particularly to New England, where
in the Province of Maine lands were assigned to them
upon which they made settlements and improvements,
until they were constraind by an Act or order from
the Council and Assembly to abandon their habitations,
which have since been destroyed by the Indians ;
there are 600 of those familyes desireous of settling
upon the East side of the River Kennebeck wch. is
the limits of the Government of New England, they
onely wait until lands are assigned to them, and a
proper place fixed whereon to build a towne, which
would be a more considerable building than any
collony ever had abroad ; among those people there
are artificers of all kinds and many able men who could
defend themselves from any insult from the Indians ;
many New England people are also desireous to remove
to the said River of Kennebeck, but neither they nor
the others from Ireland will settle on Nova Scotia, the
country about Kennebeck haveing been formerly
settled and the lands cultivated under the Duke of
York, tho' afterwards layd wast when taken by the
French many of whom do yet remaine upon Nova
Scotia, who by ye Treaty of Utricht were to deem
themselves subjects to England etc. If powers are
granted for assigning lands to those people, they will
be contented to pay a growing chief, or quit rent,
which may increase one penny sterl. per acre every
five or 7 years, until it comes to sixpence, or as high
as may be thought reasonable etc. If those people
are not allowed to settle where they desire, which joyns
to New England, they will remove elsewhere, they are
now liveing upon the small remains of what they
carried with them from Ireland and many of them
reduced to great hardships by being obliged to quitt
their settlements after haveing layd out their sub-
328 COLONIAL PAPERS.
1729
stance thereon. It has been proposed to me that 500
Palatins familyes, among whom artificers of all kinds,
would transport themselves to this new settlement
upon the same termes and encouragement before-
mention'd ; thus a strong Collony would be planted
without any publique expence, and would consist of
people zealously affected to your Majesty and may
hereafter be of singular service against any trouble-
some neighbours. As I was prevented by long
indisposition to goe to America, I sent away my
Deputy, and am now in a few days to imbarque, and
to mark out and survey 200,000 acres to be perpetually
reserved for a nursery of timber for the Royal Navy,
in Nova Scotia. I most humbly submit, whether I
ought not to have an order for 40 men, in one or two
partys as I find convenient from the garrison of
Anapolis, to protect me, my Deputy and assistants
from any insult from the French on Nova Scotia, or
the Indians under their influence etc. 1\ pp. [C.O.
217, 5. ff. 97, 98-99,
March 18. 629. H.M. Warrant for affixing the Great Seal to Com-
st. James's, missions for two privateers for seizing pirates in the seas of the
Spanish West Indies. Countersigned, Holies Newcastle. Copy.
Annexed,
629. i, ii. The Commissions referred to in preceding. Copies.
[C.O. 324, 36. pp. 101-104.]
March 19. 630. Mr. Dunbar to Mr. Popple. Refers to his Memorial
(No. 628, i.), and offers to produce authorities for each particular
etc. Continues : The people who have wrote to me from
America, have done it upon a personal knowledge of me. I was
quarterd among them and had the honour to command and
proclaime our late King when most of ye Churchmen in yt.
country were poyson'd in their principles by the late Dr.
Hickman, Bishop of Londonderry, and were willing, with a
small encouragemt. to act the reverse of what was happyly
begun there in 1688 etc. All beginnings of settlement are
both troublesom and expensive, and ye lands proposed,
haveing been formerly cultivated, and at this time actually
seizeing and great part possessing of late by some of the New
England people, some of whom have marked large tracts for
themselves, they will thereby have it in their power to commit
the same wasts and abuses as they have in their own country,
and it will be difficult if not impracticable to dispossess them,
or prevent ye wasts if not some regular settlement and authority
in that neighbourhood ; I did not propose any sallary to myself
if I was vested with such power, nor do I think that more land
than one modern township of New England would be necessary
AMERICA AND WEST INDIES.
1729.
for those petitioners etc. Proposes to wait upon the Board on
friday. Continues : I have hired two men to carry with me,
one has been many years in Russia, and perfectly understands
ye raiseing of hemp and makeing pott ash, wch. their Lordships
may see in 4 hours tryed here ; the other a Hamburgher who
understands cureing of sturgeon, of which there is great plenty
in Kennebeck River. I have now some, as good fish as any
in ye world, but too much salted and ill cured, and it is to be
had there when there is none in the East Countrys etc. Con-
cludes : If it be thought that anything I am proposeing would
induce more of the protestants to quit Ireland, I will tell of an
expedient effectually to prevent it, upon wch. I will pawn my
credit. Signed, David Dunbar. Endorsed, Reed., Read 19th
March, 172 1 . Holograph. 4 pp. [C.O. 217, 5. ff. 101-102U.,
WSv.]
March 21. 631. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before the King.
Autograph signatures. 1 p. Enclosed,
631. i. Same to the King. Quote .from Mr. Dunbar's
Memorial (v. 17th March). Continue : We have
ever thought the settlement of Nova Scotia of so
great consequence, that we have at different times
propos'd several encouragements to induce people to
settle there, particularly 7th June, 1727 etc. Continue :
A settlement is now design'd without any expence to
the publick ; and therefore we are humbly of opinion
that this proposal deserves all reasonable encourage-
ment. But as a settlement on other parts of Nova
Scotia might be of greater advantage to the Province
than on the place, where 'tis now propos'd, we take
leave to observe, That in order to render this Province
secure from the French inhabitants who have it in
their power whenever they please from their great
majority in numbers, to disturb your Majesty's
subjects, it is become absolutely necessary to make
one chief settlement at or near Annapolis Royal, the
present seat of Government, and another at or near
Can9o, which by reason of it's situation will when
properly settled, be of the greatest consequence, not
only upon account of the valuable Fishery carried on
at that place, but on account of it's neighbourhood to
Cape Breton. The French inhabitants of Nova Scotia,
who refuse to take the oaths of allegiance to your
Majesty, and still remain there, contrary to the Treaty
of Utrecht, have been, and are still the great support
of all the French Colonies in their neighbourhood, by
supplying them with furs, fish, cattle, corn, provisions
and timber of all kinds. And we have reason to
330 COLONIAL PAPERS.
1729.
believe, that without their assistance Cape Breton
would never have been establish'd upon so good a
footing. We should not have repeated this again,
but that it shews the consequence of encouraging
families to settle there, this Province for want thereof
having hitherto been an expensive burthen to Great
Britain, whilst the French have reap'd real advantages
from the produce of the country. It is for these
reasons that we think the people who now propose
to settle in Nova Scotia will be more advantagiously
situated near Annapolis Royal and Canyo than to the
eastward of Kennebeck. We have upon this occasion
been attended by Mr. Dunbar, who informs us that
he has already taken his passage for Nova Scotia, and
therefore we humbly take leave to propose to your
Majesty, that he be instructed immediately upon his
arrival to sett out at least the 200,000 acres of land
in proper places as a nursery of trees for your Majesty's
use, and that so soon as this is done your Majesty's
Governor be directed forthwith to sett apart a sufficient
quantity of land for these new inhabitants under the
following conditions vizt. : that 50 acres of land be
granted to each person, upon his or her arrival, free
from fines and likewise from quit-rents for the first
ten years. That double that quantity of land be
granted to carpenters, smiths, masons, joyners,
brickmakers, bricklayers, and to all other artificers
necessary for building or husbandry, upon the same
terms. That the encouragement propos'd in Colo.
Philipps' Instructions for intermarriages with the
Indians be extended to these new settlers, vizt. 10
sterling and 50 additional acres of land free of quit
rent for the space of 20 years, to every white man
being a Protestant, who shall marry an Indian woman,
native and inhabitant of Nova Scotia. And if any
substantial family is found capable of improving a
larger tract, that the Governor be at liberty to grant
them land not exceeding 1000 acres free from fines
and quit rents for ten years, under proper conditions
and restrictions with respect to the cultivation and
improvement thereof. And that all these afore-
mentioned grants be made free from any charge to
these new settlers. As to the other part of Mr.
Dunbar's memorial, desiring an order for 40 men from
the garrison to protect him etc., we think it will be of
advantage, considering the danger they must be
expos'd to from the French inhabitants and from the
Indians. [C.O. 218, 2. pp. 123-129 ; and (covering
letter only) 217, 31. No. 24.]
AMERICA AND WEST INDIES.
331
1729.
March 21.
Whitehall.
March 24.
London.
March 25.
March 25.
March 25.
Whitehall.
March 25.
Whitehall.
March 26
Boston.
632. Mr. Popple to Peter Soulegre. Enquires whether and
when he intends to return to St. Christophers, to take his place
in the Council there. [C.O. 153, 14. p. 411.]
633. Mr. Soulegre to Mr. Popple. As it is uncertain if
he will return to St. Christophers, requests appointment of a
Councillor in his stead. Endorsed, Reed. 25th, Read 28th
March, 1729. Holograph. 1 p. [C.O. 152, 17. ff. 31, 32i;.]
634. Mr. Attorney and Solicitor General to the Council of
Trade and Plantations. Report upon two Acts of Jamaica
referred to them Feb. 25th, q.v. Point out some variances
between (i) and the draught of a bill for raising a revenue and
Governor Hunter's Instructions enclosed Feb 25th, upon which
some questions of law arise. No question of law arises upon
the second Act, which expires 29th March. Signed, P. Yorke,
C. Talbot. Endorsed, Reed. 26th March, Read 9th May, 1729.
5| pp. [C.O. 137, 17. ff. 139-141U., 142i>.]
635. Petty expenses of the Board of Trade, Christmas
1728 to Lady day, 1729. (v. Journal.) 7 pp. [C.O. 388, 79.
Nos. 40-43.]
636. Council of Trade and Plantations to the King.
Recommend for confirmation, (i) Act of Nevis for providing
a house and settling 500 pr. ann. upon H.E. etc. (ii) Act of
St. Kitts for settling 2000 etc. upon H.E. [C.O. 153, 14. pp.
411-413.]
637. Same to Same. Representation upon two acts of
Virginia, 1705, for declaring how long judgments etc. shall be in
force etc. and for limitations of actions etc., " the Virginia
merchants having complain'd to us of the hardships they
suffer'd from the first of these acts [which] is in many particulars
repugnant to the statute of limitations 21st K. James I, whereas
that statute seems to have been the plan upon which the second
act was founded, every particular thereof being by this, enforced
and pursued. Among the particulars in which the statute of
K. James and the first of these Virginia acts disagree, there is
one which in our humble opinion seems to be of very bad conse-
quence to the trade of this Kingdom ; and that is, the limitting
a time, after which neither bond or judgment, shall be in force ;
we therefore humbly lay the first before your Majesty for your
disallowance, and the second for your royal confirmation."
[C.O. 5, 1366. pp. 16, 17.]
638. Jeremiah to David Dunbar. Since his letter of 14th
Jan., he has ridden through the woods to Casco Bay and
Kennebeck river, " above 800 miles the most part of it up to
332
COLONIAL PAPERS.
1729.
March 26.
Whitehall.
March 26.
St. James's.
March 26.
Virginia.
the horese's belly in snow." Whilst he was there, the country
fellows in N. Hampshire cut into logs 40 of the trees which had
been seized and condemned there. ' This provok'd me so
much that I went again to all their saw mills wch. are above a
hundred in number, where and in the woods adjacent I seiz'd
1300 loggs some of which are 40 inches in diameter, and 280
fine white pines " etc. They were to be tried yesterday etc.
The greatest difficulty he will meet with will be in Maine, where
Mr. Cook has a large interest ; however he has seiz'd 94 logs
in the township of Berwick, which will be enough to try the
title etc. " It wou'd grieve you to see what distruction has been
made in the woods, there is scarse a tree standing anywhere
within 6 or 7 miles of the waterside between this and Kenne-
beck that is worth hauling to the bank. Col. Westbrook,
Agent here for the Contractor, is forced to go nine or ten miles
into the woods for masts, for the carriage of which he is at a
great expense in cutting slay roads to the waterside " etc. A
provision to preserve white oak and ash is needed, (v. April
21st.) Has shown the directions for raising hemp and making
pitch and tar to a great many of the people, " but while they can
cut the pine trees and steal them away, they think it less labour
to log, and laugh at us for proposing it " etc. Proposes to give in
a memorial to the Assembly to pass an act on that head. Is
setting out for the Narraganset country, where he is told there
is some very fine timber etc. Signed, Jer. Dunbar. Endorsed,
Reed. 14th, Read 16th May, 1729. Copy. 2f pp. [C.O 5,
870. ff. 216-217^.]
639. Council of Trade and Plantations to the Lords Com-
missioners of the Treasury. Request payment of Office
expenses and officers' salaries for quarter ending Lady Day.
Account annexed. [C.O. 389, 37. pp. 300, 301.]
640. Order of King in Council. Approving draught of
Seal (v. 24th Jan.) for Nova Scotia, and ordering the chief
engraver of seals forthwith to engrave a silver seal according
to it, etc. The seal and motto described, v. A.P.C. III. No.
159. Signed, Temple Stanyan. Endorsed, Reed. 16th, Read
17th June, 1729. l pp. [C.O. 217, 5. ff. 119, 119z;., 120u.]
641 . Lt. Gov. Gooch to the Council of Trade and Plantations.
As I have mett with no proper oppertunity of writing to your
Lordships for some moneths past, I gladly lay hold of the first
conveyance by the ship Randolph of London, to transmit to
your Lordships the Council Journals from the 13th of June
last, with other publick occurrences since that time. I shal
first take notice of the feuds which have lately arisen between
two of our tributary Indian nations, the Nottaways and the
Saponies, occasioned by murders committed on some of each
nation, whereof they accuse one another, and both were obliged
AMERICA AND WEST INDIES. 333
1729.
to apply to the Government for justice : But upon a strict
examination at two Councils, the 16th and 22nd of August, at
which both nations were present, no such discovery could be
made as to amount to a legal proof, whereon to convict or
punish either of the parties. Notwithstanding this, it was in
vain to remonstrate to these savages the justice of our laws
which permit no man to be punished without due proof of his
crime : Their notions of justice were not to be adapted to that
rule. Revenge was what both sides wanted ; and because they
were forbid all hostility, and were told that this matter should
still be pursued and enquired into by us, they seem'd resolved
to take satisfaction their own way, expressing great resentment
against the English for not concurring with them therein ;
so that I every day expect to hear of an encounter between
them which will certainly happen, whenever they meet in their
hunting. If this was all, your Lordships must give me leave
to say, I should be little concerned at the event : But as our
frontier inhabitants lye at the same time exposed to the
barbarous insults of these Indians, and the foreign nations they
call in to their aid, this in all probability will involve us in
continual skirmishes and alarms with them ; and in November
last about a dozen families of our outward inhabitants were,
with guns and arrows, forced by them from their habitations,
to which however they soon returned. Besides this, we are
in no small danger from our slaves, (at least we ought to guard
against them) an instance whereof happen'd this winter in Prince
George County, where a number of them being got together
in a riotous manner, threatened the officer, who executing the
laws seized some and dispersed the rest, for which his barn the
night following was burnt down. Nor my Lords are these all
our fears, the secret robberies and other villainous attempts of
a more pernicious crew of transported felons, are yet more
intolerable ; witness the dwelling house and outhouses of Mr.
Thomas Lee which in the night time were sett on fire by these
villains, and in an instant burnt to the ground, a young white
woman burnt in her bed ; the gentleman, his wife and three
children very providentially getting out at a window, with
nothing but their shifts and shirts on their backs, which was
all they saved, not two minutes before the house fell in and
this was done by these rogues because, as a Justice of the Peace,
upon complaint made to him, he had granted a warrent for
apprehending of some of them. They are not yet discovered :
In consideration of this gentleman's misfortune, which he is
not well able to bear, and as it arises from the discharge of his
duty as a Magistrate, I have been prevailed upon to interceed
with your Lordships, that his case may be recommended to
H.M., for his royal bounty of two or three hundred pounds
towards lessening his loss, which was the more considerable by
a very good collection of books. To provide my Lords in the
334 COLONIAL PAPERS.
1729.
only way I can against these dangers, I thought it proper to
look narrowly into the state of the Militia, and have been
surprised to find that after so much care taken in framing of
laws to arm and train a Militia fit for service, so little regard
hath been had to the only thing which could render them
useful ; for to no purpose are men obliged to provide themselves
with arms and ammunition, and to attend the musters at stated
times, or to be ready to march whenever danger cals them out,
if when they are got together, scarce one officer knows how to
form them or how to instruct them in the use and exercise of
those arms they bring with them. The Council were all of
them sensible of this defect, and of the dangers which threaten
us ; and desired me to appoint an adjutant to put the Militia
into a proper method of discipline, which I have accordingly
done, constituting a gentleman they recommended, who is a
very active and an understanding man, and no doubt will
merit the sallery of 150 p. anm. which the Council the 2d. of
November judged reasonable to allow him for his trouble. He
is now employ'd in teaching the officers in those Countys most
expos'd to danger, and I hope by this means to bring ^all the
Militia of the Colony into such an uniform and regular method
of exercise, as to be a sufficient guard against all the attempts
of Indians, or the intestine insurrections of slaves and convicts.
And as I weighed the argument on all sides, even that whereby
it may be thought dangerous to make men too knowing in
military matters, and opposed to it the loyalty and fidelity of
the inhabitants to His present most excellent Majesty, and that
they are engaged by interest as well as affection to Great Brittain,
as also, that it was agreable to my 96th Instruction, I could
not resist the reasonableness and necessity of it, point of time
admitting of no delay, and hence promise myself that your
Lordships will approve of the allowance given to this new
officer ; as an expence highly requisite, and a prudent appli-
cation of H.M. Revenue. It was but a little time my Lords
before the last General Court that I had the honour to receive
H.M. Instructions to which my Commission refers. On the
perusal of them I found that Mr. FitzWilliams, who on his
appointment to the office of Surveyor General of the Customs
in the Southern district of America, had also been constituted
of the Council of Virginia, as well as Jamaica, and South
Carolina, was not named with the others in my Instructions.
However, as he still continues to act in that post which at first
gave him a pretension to be of the Council, I thought it improper
to lay him aside, and although his letter is not renewed, he still
keeps his seat at our Board. But my Lords the Council are of
opinion, and it seems have been all along, that he has no title
to sitt as Judge of the General Courts ; the right he claims the
priviledge by, is taken from a law of this Country, which
appoints the Council the judges ; but then they say, that the
AMERICA AND WEST INDIES. 335
1729
law can mean only those whose names are in H.M. Instructions,
the gentlemen of the Country, that have estates here, who in
truth are thought by everybody the only fit persons to judge
of the property of others. Out of regard to order and quiet, I
am under the necessity of troubling your Lordships with this
dispute, and I hope for a decision from your Lordships which
will prevent for the future an altercation which hath sometimes
subsisted. The Commissioners appointed for settling the
boundaries between this Colony and North Carolina having
finished that tedious and troublesome affair, occasioned by
thick woods and rivers they were obliged to pass, I have here-
with sent your Lordships their report with the plans of the line
as it is now run and markt out. Your Lordships will find (for
which there is a protest and an answer) that after the Commis-
sioners of Carolina had gone with ours a certain distance beyond
their own inhabitants, they refused to proceed any farther,
urging several reasons which I think little to the purpose, and
might with equall force have been insisted on before they went
so far ; but one of our Commissioners concurring with them,
they returned to Carolina and Mr. FitzWilliams came back,
leaving Mr. Byrd and Mr. Dandridge to discharge the more
difficult part of the duty, which they continued to do for six
weeks after the seperation, in which time they finished the
remaining part of the line up to the Great Mountains, and I
dare to answer for it, with such exactness (as the Surveyors
were bound by oath to do) that I hope it will be allowed to be
of equal validity with that part of the boundary in which all
parties were present. It remains that I beg your Lordships
directions how the expence of this work shall be paid. (I find
that the Commissioners or Surveyors sent out in 1711 on the
same service were paid out of the quit rents by a warrent from
the Treasury, and though they were then out only one moneth,
the Commissioners had one hundred pounds sterl. each and
the Surveyors 205. p. diem a man ; and the present gentlem.
expect a proportionable allowance, and they that concluded
the line think and are thought to deserve more than he that
left them and came home.) There are also sundry considerable
charges for men and provisions, some with arms for their guard,
chain carry ers, markers and other necessary attendants. As
these could not wait till their payment was directed from
England, that, and the charge of the provisions have been
advanced out of the 2*. p. hhd. the whole will be above WOOL
I hope to receive your Lordships signification of H.M. pleasure
both as to the quantum to be allowed to the several gentlemen
and the fund for payment thereof, two Commissioners and two
Surveyors were out sixteen weeks, and one Commissioner about
nine weeks. I have already written to your Lordships on the
subject of the Spotsilvania lands mentioned in the Journal of
2d. of November in a letter dated the 6th of the same moneth,
336 COLONIAL PAPERS.
1729.
that I shal now only send a duplicate of that letter, and pray
your Lordships speedy direction therein, for every delay will
encrease the difficulty both on the officers of the Revenue and
the patentees. I have also sent your Lordships the copy of a
letter which setts forth the reasons for repealing the clause
which prohibits the importation of stript tobacco ; and the
depositions of the Master of a ship taken by a pirate ; much
about that time the same pirate took another ship which is
gone to Maryland etc. On the death of Peter Beverly Esq. one
of the Council, I take this first opportunity to recommend to
your Lordships to fill up that vacancy, Col. Henry Harrison
whom I formerly introduced to your Lordships as a gentleman
in all respects qualified for that trust. And the following names
are such as by my 6th Instruction I am required to transmit,
men firmly attach'd to his present most excellent Majesty, of
good life, estates and abilities. Henry Armistead, John Jones,
David Bray, John Taylor, Gawin Corbin, William Cole, Henry
Fitzhugh, Armistead Churchill, David Meriwether, Francis
Willis, Robert Carter, John Lewis. I hope no application will
prevail with your Lordships to recommend any person that
is not named in this list. I have reason to suspect that some
may offer themselves, who are not so well known at home as
they are here ; but as I am not forward in giving of characters,
I shal content myself with cautioning your Lordships against
Mr. Thomas Corbin only. My nomination is no otherwise out of
favour or affection to their persons than as they are good men,
and I am under no obligation to prefer any of them besides what
their merit and my duty to my Sovereign engage me to. About
two moneths since a ship of 150 tunns bound to Maryland was
lost coming in at the Capes, which could not have hap'ned
had there been a lighthouse ; but as that project is like to
come to nothing, your Lordships must give me leave to say,
that tis meer obstinacy in our neighbours and those merchants
that opposed it, who have and will suffer by the want of it.
Nor was there the last year, nor is there this, one Captain of
H.M. ships, or Master of a merchant ship, but what finds the
want of it, and is sensible of the great service it would be to the
shipping. This my Lords I enquired into before I proposed it
to the Assembly, and was led to it by my own observation
and experience, having been obliged when I came into the
country after making the land, but not discovering the Capes,
to keep out at sea all that night, by which we very narrowly
escaped being taken. I hope your Lordships will put a
favourable construction upon what I have the honour now to
report to your Lordships ; for tis a faithfull declaration that I
make, when I tell your Lordships I have no other views than
with great integrity to discharge my duty to H.M., etc. Signed,
William Gooch. Endorsed, Reed., Read 3rd June, 1729.
Holograph. 3| pp. Enclosed,
AMERICA AND WEST INDIES. 337
1729.
i. Same to the Duke of Newcastle, 28th Feb., 172J.
Supports address of the planters against the clause in
the act prohibiting importation of tobacco strip
from the stalk. States at length the reasons which
induced him to encourage the address, shewing that
" H.M. interest is made the foundation of the advan-
tage proposed thereby to His people " etc. Signed, W.G.
Same endorsement. Copy. 3 pp.
641. ii. Copies of three Proclamations by Lt. Gov. Gooch
(i) 20th Sept. and 2nd Nov., 1728, removing embargo
on export of wheat, flour and grain, (ii) 24th Oct.,
1728, further proroguing the Assembly till 15th May.
Endorsed, Reed. 3rd June, 1729. 1 p.
641. iii. Deposition of John Batting, Master of the ship
Triumph of Plymouth. On 7th J 
