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GOLDWIN SMITH
SMITH
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CALENDAR
STATE PAPERS
COLONIAL SERIES
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AMERICA AND WEST INDIES
1731
PRESERVED IN THE
PUBLIC RECORD OFFICE
EDITED BY
CECIL HEADLAM, M.A.
AND
ARTHUR PERCIVAL NEWTON, DiLit., F.S.A.
Rhodes Professor of Imperial History in the UniversijU^of London,
Fellow of King's College, London.
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CONTENTS
PAGE
CORRIGENDA iv
INTRODUCTION v
CALENDAR 1
GENERAL INDEX 405
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.
111
CORRIGENDA
p. 101. Delete no. 163 and in no. 162 after " C.O. 324, 50.
pp. 38, 39," insert " and 324, 36, p. 269. Copy."
p. 241. For "383" read "383A."
IV
INTRODUCTION
As in the previous volume of the Calendar, the papers here
abstracted cover only a single year in place of the two years
which were included in each of the volumes immediately
preceding it in the series. There are 595 abstracts for 1731,
a number that does not appear greatly in excess of 547 for
1728 and 520 for 1729, which together formed a single volume.
But attached to the despatches for 1731 there are many more
important enclosures which have demanded abstraction at
length, and many of the correspondents of the Board of Trade,
like David Dunbar, wrote at such length that their letters each
cover several pages. It has seemed more convenient therefore
to confine the volume to the papers of 1731.
1-
GENERAL.
The year was one of peace and there were fewer complaints
Depredations a b ou t the outrages of Spanish guarda-costas than usual.
Spanish Claims for damages sustained from the Spaniards during the late
guarda-
costas. war were still coming in (e.g. 2 and enclosures) and these were
sent to the commissioners who had been set up to deal with
claims for compensation for illegal seizures (see Introduction
C.S.P. 1730, pp. vi-vii). The House of Commons was much in-
terested in the subject and the Duke of Newcastle conveyed the
King's orders to the Board of Trade that they should lay before
the House accounts of the progress made by the Commissioners
pursuant to the Treaty of Seville, Journal, p. 180). In conse-
quence of this order the Board wrote to the commissioners at
Madrid asking what had been done, but they received the reply
(17 April 1731, Journal, p. 196) that nothing had been doing
owing to the delay of the King of Spain in appointing commis-
saries to join with the British in the examination of the claims.
VI
COLONIAL PAPERS.
The Trade
Papers of
the Board
of Trade.
Disaster to
the Spanish
fleet.
In October the memorials and accounts of the several
losses of his Majesty's subjects by the depredations of
the Spaniards were sent out to the Secretary of the Commis-
sioners in Madrid (Journal, p. 238), copies of them being
kept in the office of the Board but the covering letters and
much of the materials are not to be found among the papers here
calendared because they were filed under the heading " Trade.
Spain. Losses," as we can ascertain from the Journal, and
they are now separated from the colonial papers. This
emphasises the need to consult the Trade Papers of the
Commissioners of Trade and Plantations concurrently with
the calendared Colonial Papers in order to secure a complete
conspectus of the business passing through the hands of the
Board at any particular date. In relation to the proceedings
of Benjamin Keene and the other commissioners, of course,
reference should also be made to State Papers, Foreign, Spain.
The papers are of direct interest for an understanding of the
mechanism of the colonial trade with the West Indies and
systematic papers like the schedule of losses sustained by the
Governors and Company of the Royal Exchange Insurance
and of the ships taken in 1727 that were insured by the London
Assurance, which are contained among the Trade Papers
(Journal, p. 238), are of greater use than the fragmentary
accounts for single ships which have alone come into the Colonial
Papers. The point must be emphasised that the Board was
one of " Trade " as well as " Plantations " and that it made
no distinction between the two sides of its work.
The Spaniards suffered a serious loss in the autumn of 1731
by the disaster that befel the fleet of 3 men of war and 4 large
galleons which set sail from Havana for Cadiz early in
September. The news came to London from Boston in a
letter from Governor Belcher of Massachusetts. A Boston
ship on a voyage thither from Jamaica had met in the Windward
Passage with a dismasted Spanish galleon which reported that
a few days after the fleet had sailed from Havana for Cadiz
they met with a violent storm which caused them very consider-
able damage and three of the ships were driven on shore on
the cays in the Windward Passage. The Spaniards told them
INTRODUCTION.
Vll
that the flagship had on board 30 millions of money, and
Governor Belcher, in sending on the sworn deposition of the
Boston shipmaster, his informant, remarked that this was the
richest fleet that ever went from the Spanish West Indies,
which was almost assuredly an exaggeration. He believed
that the disaster must certainly have an effect upon the affairs
of Europe. (461, 484 i, ii).
In the papers of 1730 abstracted in our previous volume
the \jenoc8a reference was made to the loss of the Spanish galleon Genoesa,
galleon.
Cuba
and the
Jamaican
rebels.
which was wrecked off the coast of Jamaica. The inhabitants
of that island had pillaged the wreck and carried off many of
the effects of the Spaniards and hidden them in the interior so
that Governor Hunter had to send down a navy ship, H.M.S.
Adventure to collect the treasure aboard and bring it into safe
custody. We have here an account of the treasure salved
amounting to a total of nearly 260,000 dollars, which illustrates
the great value of the silver cargoes still carried by the Spanish
galleons. For the service of salvage thus rendered a sum of
21,404 dollars was charged by Governor Hunter. (25 i, v).
The Jamaican colonists were very alarmed by the evidence
that was collected of the aid afforded by the Spaniards of Cuba
to their rebellious negroes, and Governor Hunter wrote to the
Duke of Newcastle that there could be no doubt of the negroes'
correspondence with and encouragement from the Spaniards
(25). One of the captains of the rebels at Port Antonio had
been to the Spaniards in Cuba and had told of the numbers in
revolt and their inclinations to join with any who invaded
Jamaica, as was learned from the examination of the rebellious
negroes who had been captured (25 iii). In view of the recent
designs of the Spaniards for the invasion of the island in the
north-east, where the British troops and the disaffected Irish
militia found it impossible to carry out effective pacification,
such news was most disquieting, and the fears of the planters were
increased by the news received from a captured letter from
Dublin that the Irish Roman Catholic clergy were receiving
orders from Rome to send missionaries to Jamaica and the
circumjacent places who would organise measures of rebellion
among the Papists in concert with the Spaniards (25, 25 iv).
viii COLONIAL PAPKKS.
The rise of the French islands in the West Indies caused very
considerable concern to the British authorities, for, although
islands the two Powers were at peace, it was felt that, if their good
in the West
indies. relations should be disturbed, the British islands would be
gravely menaced. There are many documents referring to the
rapid increase in prosperity of the French planters, and it was
especially the settlements in Hispaniola that were regarded
as a danger.
The General Assembly of Barbados wrote to the Board of
Trade and Plantations that Martinique had arrived "to a
very great pitch of prosperity and power and affords new supplies
of people for settling the neighbouring islands of Dominica,
St. Vincent and St. Lucia. Guadeloupe, Grande-Terre, Marie-
Galante, Grenada and Cayenne increase and flourish in
proportion : and on Hispaniola the French spread so fast as to
become formidable to their neighbours " (386, p. 243). There
was much more to fear from the assistance given by the French
to the rebellious negroes in Jamaica than from the Spaniards,
for they Avere very strong and numerous in Hispaniola and
lying to windward might land a body of troops on Jamaica
in a night's time (Evidence of Richard Harris of Jamaica to
the Board of Trade, Journal, p. 206). Before the Treaty of
Utrecht Martinique had few, if any, more inhabitants than
the smaller British island of Antigua, but whereas the
inhabitants of the latter had scarcely increased in eighteen
years' peace by one man, yet the French in Martinique had
augmented their number near tenfold. In case of a rupture
with France the settlers in Antigua believed that this would
prove their ruin as well as that of the other Leeward Islands.
The French in Hispaniola were also possessed of a large and
fruitful tract of land with numerous inhabitants and a very
great trade to almost all parts and their forces and sugar settle-
ments were equal to those at Martinique, while they were
making new settlements in Dominica and St. Lucia, at each
of which places according to the best accounts there were already
settled near 500 inhabitants (Representation of the Council and
Assembly of Antigua, 4-94-, pp. 3-18- -0). The cause and effects
of this increasing prosperity of the French islands will be referred
INTRODUCTION.
IX
to later in this Introduction when we come to speak of the
decay of the sugar trade of the British colonies.
The long-standing difficulties over the "Neutral Islands "
the " Neutral seem ed likely to be further increased by the arrival of a new corn-
islands." petitor in the field. The British Minister in Sweden wrote to Lord
Harrington, Secretary of State for the Northern Department,
that there was a project on foot to carry on at Gothenburg a
trade directly to the West Indies in order to buy raw sugar
and tobacco at first hand to be refined and manufactured in
Sweden, and the project was based upon the island of Tobago
over which James, Duke of Courland claimed rights under a
pretended grant of King Charles II. He was proposing to cede
the island to the King of Sweden for a sum of money, and Lord
Harrington sent on the Minister's letter to the Board of Trade
with a request that they would inform him of the British
pretensions to Tobago in order that the projected sale by the
Duke of Courland might be stopped (389 i, ii, 395, 396. Journal
pp. 233-4, 236-7). The Board reported by giving an account of
the history of the dealings of the British Government with the
island and showing that the Duke of Courland's claims had no
valid basis. . They expressed the hope that the King of Sweden
would not proceed with the project, which might weaken the
good understanding and harmony which had been cultivated
of late years between the Crowns of Great Britain and Sweden.
(413 i). In view of the fact that delicate negotiations were
then proceeding between the two countries concerning their
mutual trade, and that the East India Company was strongly
opposing the plans of the new Swedish East India Company
for a competitive trade to the East Indies (Journal, pp. 246-7,
256, 260-1), the designs of the Gothenburg Company in the
West Indies were of particular interest to Walpole's Cabinet.
The most serious danger from foreign rivalry, however, came
from the extension of French enterprise in North America.
News concerning their encroachments in the lands beyond the
Allegheny Mountains came mostly from Virginia, Pennsylvania
and New York, and the long despatches of Lieutenanl -Governor
Gooeh from the first and Lieutenant-Governor Gordon from
the second are particularly informing. Pennsylvania was in
Extension
of French
enterprise
in North
America.
COLONIAL PAPERS.
a difficult position because her boundaries were nowhere fixed,
save on the east by the River Delaware. On the north the
43rd degree had never yet been fixed, although it was conceived
to extend to the settlements of the Five Nations which were
supposed by the Government of New York to belong to that
Province, and undoubtedly most of the negotiations with those
Indians were carried on by them. By the letters patent
granting Pennsylvania the breadth of the Province was to
extend westward for five degrees of longitude, but no attempts
had been made to measure off those five degrees and the French
in their maps extended the boundaries of their Louisiana as
far east as the River Susquehanna, which runs into the head
of the Chesapeake. This would leave Pennsylvania with a
breadth of only about 60 miles, and Governor Gordon was
especially aggrieved that in a recently published atlas produced
by subscriptions from persons of influence in England, the
French version of the geography of the country was taken
without question by the inclusion of their map of Louisiana
without alteration or restriction. Thus, as Gordon remarked,
all their exorbitant claims to the greater part of the British
dominions in these regions were accepted and, so far as the
authority of the new book could contribute, were supported.
(89 i, p. 59). To corroborate his description of the French
claims and in reply to the enquiries of the Board of Trade about
the Indian tribes within his government, Gordon forwarded
a paper drawn up in 1718 by Mr. Logan at the request of Sir
William Keith, then Governor of Pennsylvania.
Logan was " a gentleman of good literature and large
experience, who having been himself engaged in the Indian
the French- trade drew up from the informations he collected from some
trade, who had long and often travelled through Canada and the
country about Mississippi an account of the French trade,
their routes and their Indians " to be transmitted to the Board
by Governor Keith in reply to queries submitted to him.
Logan's paper was sent in the form of a copy of the original
draft which remained in the hands of a private person in
Pennsylvania, and it is here abstracted as one of the principal
pieces of critical evidence in the hands of the British authorities
Untrust-
worthy
English
maps.
Logan's
account of
1 NTRODUCTION, xi
on which to base their policy in this dangerous and rapidly
rising quarrel. (89 ii, pp. 63-66).
Pennsylvania and New York were in close communication
concerning the intrigues of the French among the Indians and
of , their methods are well illustrated bv a despatch from Lieutenant-
Pennsylvania
and New Governor Gordon forwarding information that he had received
from the Commissioners for Indian Affairs at Albany through
President Rip van Dam of New York. This information had
been laid before the General Assembly of New York, who re-
quested that it should be represented not only to the British Court
but also to the Governors of Connecticut, Massachusetts and
Pennsylvania (478 i), so that they might join them in their
representations. The French, on some pretence claiming all
lands lying on any waters of whose exits to the sea they were
possessed, maintained that they had rights over the Indians
settled thereabouts even up to their very sources. About
one-half of the Indians in Pennsylvania were Shawanese, and
since some of the branches of the Mississippi flowed through
the back parts of Pennsylvania, the French claimed rights over
them and incessantly endeavoured to bring them over to their
interest. The Shawanese, from an apprehension that the Six
Nations of the Iroquois were not well affected to them, had
removed further into the interior, and in the summer of 1731
put themselves under the protection of the French. Learning
of this, Governor Gordon sent a message to the Six Nations
proposing to try if by a treaty and presents any method could
be found to bring these Shawanese back, but he was doubtful
of success, for he stated that the French had also gained over
a considerable part of the Six Nations, who were generally
looked upon as our greatest strength (p. 332).
The danger to all the British colonies was made more evident
Accounts by Dy the account given to the Pennsylvaniaii authorities by one
Indian
traders of their Indian traders. He stated that in 1727 a French
intrigues, gentleman came down the river to a settlement of the Delaware
Indians, allies of the Shawanese on the Ohio in Alleghany, with
an intention to enquire into the numbers of English traders in
those parts and to sound the minds of the Indians. He could
not do much with them then, but in 1730 he returned and had
Xll
COLONIAL PAPERS.
Need for
delimitation
of the
Anglo-
French
frontier.
some discourse with the Shawanese touching the English and
French interest and endeavouring to persuade them to unite
themselves to the French. He had great influence with them,
for he spoke their language, and he was able to take some of
them back to Montreal. He returned again in 1731 and brought
a considerable present of powder, lead and some woollen goods
and helped in repairing the fire-arms of the tribe with a gun-
smith, whom he brought with him. Several conferences were
held and the result was that the Shawanese agreed to accept
French protection and removed further towards their settle-
ments. (478 v). The numbers of the Shawanese were small,
but the incident pointed to the danger of such persuasions
when they were repeated on a larger scale among the Six Nations,
as it was confirmed from many sources that the French were
doing (p. 314).
In the opinion of President Rip van Dam of New York " if
no care be taken, [the French] will yet further encroach from
time to time, and in case of a war might prove fatal, and now
in time of peace it is the only means they have to draw the
Indians from us, ruin our trade and secure all to themselves.
Until the limits be settled between the two Crowns, actions of
this nature will happen every day and will always be to their
advantage and our detriment, because they have a great number
of people that run amongst the Indians and are much like them
and so agree better with the Indians than our more civilised
inhabitants can do. Besides, the continual infatuation of
their priests amongst Indians, who are taken with the outward
pomp of religion, makes a greater number of proselytes than it
is possible for us to do." The President and Assembly of New
York therefore prayed that negotiations might be opened for
a delimitation of the frontier and for an agreement as to the
reservation of the Indian trade. Such an agreement was of
course eminently desirable, but the interminable disputes over
the Neutral Islands showed how difficult it was to pin down
the ambitions of adventurous spirits upon the frontier, and the
authorities in London evinced no eagerness to start new
negotiations in Paris.
INTRODUCTION. xiii
Besides intriguing among the Indians, the French aroused
ItottBin * ne anxiety of the English colonists by their building of new
the Indian f or t s i n the no-man's-land along the undelimited frontier.
country.
The Commissioners for Indian Affairs at Albany wrote that the
activity of the French " to make new fortifications and
strengthen themselves so near to our Northern Plantations
puts us in great consternation considering the defenceless
condition we are in, and God only knows what the designs of
these our vigilant enemies may turn to while they endeavour
to encroach upon us on all sides and to interrupt our trade."
(478 ii). Their latest encroachment was the building of a
fort at Crown Point " on the South end of Corlaar's Lake near
the carrying place above Sorahtogue." In September 1731
two traders from New York who had been through the woods
to Canada reported in Albany that on their outward journey
they had found the French engaged in building a fort there
with eighty men. When they came back, it was completed
and enclosed with stockades round a large trading house. The
French were busy on two more houses and designed to make
the whole a very compact and defensible post by enclosing it
with a stone wall. They were also planning another fort above
Oswego in the country of the Senecas in order to stop the
English trade with that tribe (478 iii, p. 333). The English
trading house at Oswego has already been mentioned in previous
volumes of the Calendar. The Board of Trade were deeply
interested in the project for making it a centre of the fur trade,
and the threat of active French opposition along the trails by
which the Indian fur traders reached Oswego was of serious
concern (314). The Board wrote to Newcastle relating to the
trading house intended to be erected by the French in the
Senecas' country. " The same consequences are to be appre-
hended from this new trading house as have really happened
from that erected some years ago at Niagara, which is now
converted into a fort, by which the French have gained a
possession in that place. [They] have now taken the very same
steps in a country to which they have not the colour of any
title, and, should they be permitted to go on, [it] might be of
very fatal consequence to our Indian Nations, who might
thereby be drawn from their allegiance to H.M." (221).
XIV
COLONIAL PAPERS.
French
intrigues in
Nova Scotia
Reference has been made in earlier volumes of the Calendar
to the ever-present dread of a renewal of the Indian war in the
forests of Nova Scotia owing to French machinations. The
progress of the new fishing settlement at Canso in the opinion
of Captain Waterhouse, the naval commander on that station,
was grievously impeded by that dread.
* The want of proper fortifications discourages people to
settle there, their properties not being secured to them in case
of a rupture with the Indians, which we were apprehensive of
this year, which put us all upon our guard, occasioned by notions
imbibed into those deluded people by the French, insomuch
that they seemed extremely shy. I asked them the reason,
and was answered that the English would kill them. When
I cleared that point, they went away well satisfied, but they
are entirely managed by the French, with their annual presents,
priest-craft and some odd notions of the English breaking with
the French." (584). There could be no doubt that the rivalry
between the two nations in North America was getting more
and more acute from year to year, and the new fortifications
that the French were erecting on the hills that overlooked the
Louishourg. harbour at Louisbourg in Cape Breton Island showed whence
they planned to make their attack. St. Pierre and Miquelon
were too easily assailable to be worth fortifying, and effort
was therefore concentrated upon the single strong point of
Louisbourg (584) with effects that were to be of great importance
in later years.
The most prominent subject that appears in the papers of
1731 is the controversy between the Sugar Plantations and the
Northern Colonies, which came to a head in the later months
of the year. The sugar trade of the British colonies was badly
hit by the competition of the French and Dutch plantations,
and the Sugar Islands made insistent complaints that their
competitors were unfairly assisted by the supplies received from
the Continental colonies, and they demanded new prohibitions
and restrictions to arrest the decline of their trade. Their case
was set forth in elaborate memorials which give much infor-
mation about the practical working of the mercantile system,
between the
Sugar
Islands
and the
Northern
Colonies.
INTRODUCTION. xv
which was the cardinal point in British colonial policy. To
these memorials replies were made by the Northern colonies,
and the rival representations show what an acute division of
interest had arisen between the different parts of the Empire.
The case of the Sugar Colonies was most fully stated in the
memorial of Barbados (386), which was prepared in August
1731 and agreed to nemine contradicente by the General
Assembly of the island. It was received by the Board of Trade
in October and was supported by similar memorials from St.
Christopher (414) and Antigua (494). In November the Duke
of Newcastle formally asked for a report from the Board of
Trade upon the case, (509), and the battle was fairly begun.
The Board called before them the Agents of the colonies and
various leading merchants engaged in the sugar trade to explain
and support the representations (Journal, pp. 253-4).
Preliminary petitions relating to the same subject had been
received from many sources including individual merchants
from the sugar colonies, the merchants of Dublin and Liverpool
(39 i, ii) and persons interested in the trade of the Northern
Colonies. A Committee of the Privy Council had been
examining these petitions and hearing various evidence ever
since the beginning of the year (22, Journal, pp. 1767), and the
Board of Trade had been called to attend the meetings of the
Committee, while the House of Commons was also debating the
matter. There had therefore been elaborate preparations
before the Board set to work on their report in December 1731
(Journal, pp. 253-4), and their procedure was designed to ensure
that every interest should have its say. The agents for
Barbados, St. Christopher and Antigua were called first and
examined along with the merchants engaged in the sugar trade
Journal, pp. 2534). Copies of their representations were then
handed to the Agent for New England and merchants trading
to Carolina, and they were requested to confer with other
merchants trading to the Northern Colonies and make written
replies to the contentions in those representations. (Journal,
p. 257). Answers were presented to the Board a few days later
from Massachusetts, New York, New Jersey, Connecticut and
Rhode Island (Journal, p. 259), while Virginia and Pennsylvania
XVI
COLONIAL PAPERS.
The French
trade
with the
Northern
Colonies.
had sent in replies earlier (Virginia, 290, 406, pp. 257-262 and
473, pp. 322-8 ; Pennsylvania, 560).
The process was in full swing by the end of the year and the
series of papers calendared here is, of course, incomplete, but
some clue may be found through the maze of assertion and
counter-assertion on the two sides by confining attention in
the first place to the principal papers here indicated and the
verbal evidence as set out in the Journal. Additional but
largely repetitive matter may then be traced by reference to
the index to this volume under the headings of the various
colonies.
It is unnecessary to set forth the rival theories and assertions
in detail, since they are so fully explained in the memorials,
but, as has already been remarked, the case of the Sugar Colonies
is probably best set out in the representation of Barbados (386),
and that of the Continental colonies in the letter of Lt.-Governor
Gooch (406). The case of the Northern or " Bread " colonies,
as Pennsylvania described herself, was set out in the papers
presented by the Agent of that Province (560, 561, pp. 383-
386). To those papers the Agent of Barbados replied in a long
memorial (578 i, pp. 397-400), and therein we have summaries
of the contentions of both parties and a general history of the
question at issue.
The essential cause of complaint was that the trade between
the northern colonies and the French and Dutch settlements
in the West Indies fostered their interests to the detriment of
our sugar colonies.
Formerly the French sugar colonies had no vent for their
molasses, nor made any use of it, but of late years our northern
colonies carried lumber and horses to the French and Dutch
and took in exchange their molasses, by which means they
had them at a much easier rate than our sugar colonies, who were
obliged to pay money for them. The French at Martinique
would not deal with the people of our northern colonies for
rum, sugar and molasses unless they paid half money and half
lumber, and for this purpose the New Englanders sold their
provisions, lumber etc. in our islands for money at about prime
INTRODUCTION.
xvn
Reply of
the
Lieutenant-
Governor of
Pennsyl-
vania.
cost in order to enable them to carry on this trade with the
French. (Journal, p. 253). Supposing there were lumber to
be procured in Canada and the French settlements on the
Mississippi, which was doubtful, it would be so expensive and
the navigation of the Gulf of St. Lawrence and the Bay of
Mexico was so hazardous that the lumber would cost three times
as much as that procured from our northern colonies. The
sugar planters therefore maintained that all trade between
them and the French and Dutch plantations should be pro-
hibited, which in their view would prevent our being undersold
in the sugar markets of Europe. According to certain merchants
heard by the Board British sugar was dearer in those markets
by 7 per cent, than French from Hispaniola or Dutch from
Surinam (Journal, p. 254), but St. Christophers went further
and maintained that the underselling was by at least as much
as 25 per cent. (414, p. 271).
Lieutenant-Governor Gooch's letter (406) is particularly
interesting for its shrewd comments on the results that were
likely to occur if the trade of the northern colonies were to be
restricted to the British islands, as the petitioners of the Sugar
Colonies desired. His survey of the whole trade of the American
seas was much wider and more far-seeing than that of most
of the memorialists, and we may appropriately quote certain
of his very pertinent questions. " Admitting that the British
Sugar Islands and the Continent should mutually engage to
carry on the projected trade, and should be able to subsist
without foreign help, how are the gentlemen of our islands sure
that this prohibition will diminish the trade of the foreign
colonies ? Have not the French new settlements going on
both at the mouth of the Mississippi and at Cape Breton
sufficient to furnish their sugar settlements with lumber for
cask, and with the ordinary application of that nation may be
able in a few years to furnish them with bread and other
provisions, and if they want vessels for transportation, they
may be supplied by the present owners of ships in New England,
Rhode Island and Bermudas, now the common carriers between
the West Indies and the Continent. . . . The Dutch indeed
have no settlements on the Continent to support their sugar
Wt.-Hl C.P. XXXVIII B
XV111
COLONIAL PAPERS.
The Dutch
trade with
the Spanish
Indies.
Interest (if
Parliament
in the
question.
plantations, but 'tis not to be imagined that they will desert
them, if the West Indian gentlemen should prevail in their
pursuit : for since it is well known the Dutch can afford without
one stick of timber of their own growth to build ships much
cheaper than their neighbours, it will be no great difficulty
for them to find cash for their own sugar, without being beholden
to the British Plantations ; nor will they be under much greater
difficulty to transport thither provisions, such as their settle-
ments stand in need of, from Europe, when it is considered how
many ships of force and great burthen they send annually to
trade on the Spanish coast, which, besides their ordinary cargoes,
can stow each a large quantity both of staves and provisions
and deliver the same at Surinam and Curagao, where they
generally touch, without any considerable interruption to their
principal voyage." (406, p. 261).
It is significant to note from this incidental reference that
the Dutch still retained the vast clandestine trade with the
Spanish colonies from which they had derived such wealth in
the seventeenth century. It has sometimes been assumed that
they lost this trade before and during the War of the Spanish
Succession and that it passed to England and France, the
rivals who were contending for the Asiento and other valuable
commercial privileges in the ports of South America. But
Gooch's remark and other incidental passages, which occur
here and there in the memorials concerning the sugar contro-
versy, point to the fact that the conditions of West Indian
international politics of the late seventeenth century persisted
during the first half of the eighteenth.
Both Houses of Parliament were closely interested in the
controversy between the sugar islands and the Northern
colonies, the Lords being generally more critical of the West
Indian case than the mercantile interest in the Commons. The
Upper House threw out a bill presented on behalf of the sugar
planters of Barbados (p. 324), but the Commons seemed inclined
to favour restrictive action against the trade of the Continent,
(p. 262). Both Houses were insistent in their demands for
papers and the Board of Trade was constantly receiving orders
from the Duke of Newcastle for the preparation and supply
INTRODUCTION. xix
to them of the information for which they asked. That this
interest of Parliament in colonial affairs and especially colonial
trade attracted attention as a novel phenomenon appears from
a shrewd letter from Newcastle's secretary to Benjamin Keene
concerning the commissaries in the negotiations with Spain on
the claims of the merchants for compensation.
The letter is not included among the claims in the Colonial
papers that we are calendaring, although it was written at the
same time and upon the same subject. It is to be found among
the State Papers, Foreign, but it may be appropriately quoted
here to support our contention that under Walpole Parliament
was closely interested in the actions of the Executive and was
no longer content to accept unquestioningly the measures in
relation to trade and colonial affairs that were adopted by the
King's Ministers.
Delafaye was urging Keene to keep on good terms with his
fellow commissaries, two members of Parliament representing
the mercantile interest, who had just reached Madrid. " Should
it happen otherwise, the consequences must be fatal. Only
imagine two members of Parliament chosen on account of their
being such and at the same time versed in matters of trade and
most likely to satisfy the mercantile part of our people ; suppose
these two men, I say, returned hither without success and
reporting they could do nothing because the King's Ministers
would not concur heartily with them. . . . You have seen
what opposition your friends have had to struggle with every
Session, what compliances they have been obliged to in matters
relating to the merchants. These gentlemen upon this have
assumed a quite different air from what I have formerly known.
They used in times past to come cap in hand to the office praying
for relief ; now the second word is " You shall hear of this in
another place," meaning in Parliament. All this must be
endured, and now in our time we must bow and cringe to them."
(Charles Delafaye to Benjamin Keene, 10 October 1731. St.
Pap. Foreign, Spain. 94, 109).
Northern Parliamentarv interference was deeplv disliked bv the
dislike of
Parlia- merchants of New England, who believed that their mercantile
ixicirtflTV
interference, interests and those of Great Britain were diametrically opposed.
XX
COLONIAL PAPERS.
Complaints
of the
London
merchants.
This belief appears implicit in many passages in the northern
memorials in the sugar controversy, and Parliament was certainly
more disliked and distrusted than the Crown. It is impractic-
able to quote special passages divorced from their context,
but the general impression cannot be avoided. Parliament
could not be trusted to pay due and impartial regard to the
common weal, for, whenever competition was threatened, the
powers of the House of Commons were certain to be wielded
in favour of English interests. Such accusations could not be
crudely stated, but the fact that they were implicit in the
northern memorials is an indicative sign of threatening schism.
On their side, the London merchants were complaining bitterly
of the action of the Continental colonies in impeding the collection
of debts owing to them in the Plantations and of the preferences
accorded to colonial producers. In August 1731 a petition
from the merchants of London was referred by the Privy Council
to the Board of Trade complaining that they had great sums
due to them from the inhabitants of various colonies and that,
as the laws stood in some of the Plantations, H.M. subjects
residing in Great Britain were left without any remedy for
the recovery of their just debts or had such remedy only as
was very partial and precarious, whereby they were likely to
be considerable sufferers and their trade to America greatly
discouraged. (367 i, Journal, p. 229). The Board called upon
the petitioners to produce evidence in support of their grievance
(401) and in reply they forwarded particulars of instances in
which merchants had found it impossible to collect their debts
in Jamaica, Virginia and Maryland owing to the operation of
laws dating as far back as 1661, whereby priority of the payment
of debts was given to the colonial creditors (434 i). News of
the petition had reached Virginia before its presentation, and
the Governor and Council of the Colony protested vigorously
against the proposal that lands in the Plantations should be
made extendible for the payment of debts. " It would make
too severe a distinction " they wrote " between H.M. royal
subjects |in Virginia] and those in Great Britain by subjecting
the lands of the planter to the demands of the British merchant
at the same time that the merchant's lands will not be liable
INTRODUCTION.
to the demands of the planter. Our lands are held by the
same tenure and are under the protection of the same laws as
the lands in England are : and, seeing in the course of the"
Plantation business the factors are as often in the planter's
debt as the planter is in theirs, . . . the consequence of so
partial a distinction must necessarily tend to create uneasiness
in the minds of a loyal people, when they find they have not
equal justice with the rest of their fellow subjects ; especially
since it cannot be denied, even by the petitioners themselves,
but they are as dutiful to H.M. and as useful to their Mother
Country." (473, pp. 323-324).
The question of discriminating taxation had been raised by
. V 1 *" the London merchants trading to Virginia in an earlier petition
criminating
taxation. (251), when they protested against an Act of the Virginia
Assembly which placed only half the duty paid by British
merchants on liquors imported in any ship wholly and solely
belonging to the inhabitants of the said Colony. The merchants
protested that such an exemption was a very partial proceeding
which assumed a power of taxing H.M. subjects at large to a
higher degree than themselves and set up the shipping of that
Colony in opposition to and in great prejudice of the navigation
of Great Britain (251). The merchants therefore prayed that
the Liquor Act might be repealed, and in consequence the Board
recommended that this prayer should be acceded to (278).
An Order in Council was therefore issued repealing the Liquor
Act (364) and it was transmitted to Lieutenant-Governor Gooch
(Journal, p. 231), who issued a proclamation accordingly (p. 389).
But he was compelled to report the deep resentment of the
people of Virginia against the merchants who were concerned
in petitioning against the act. They complained that the
proprietary governments were favoured at the expense of
Virginia, for she alone of all H.M. Plantations was restrained
from raising duties for defraying her necessary expenses and
charges, while other more obscure communities could charge
differential duties for years without hindrance (p. 389).
Maryland, which was especially here referred to, like Connecticut
and Rhode Island, escaped notice of her proceedings partly by
XX11
COLONIAL PAPERS.
Enquiry
as t
colonial
manu-
factures.
Manu-
factures
in Massa-
chusetts.
reason of her comparatively petty commerce, but also by her
passive neglect of demands for documents and statistics.
In consequence of various complaints of interested manu-
facturers and their merchant friends in the House of Commons,
the Board of Trade made circular enquiries as to what forms
of manufactures were being carried on in the various colonies,
which might compete with British products (224, 225). In
almost every instance the replies were the same, that no
manufacturing industries were carried on and that the colonists
relied solely upon imported British goods. Governor Gooch
of Virginia expressed this succinctly when he wrote : " Nothing
but inevitable necessity will ever induce the people of this Colon}'
to go upon any kind of manufactures interfering with those of
their Mother Country. When tobacco bears but a moderate
price, every planter can be supplied with all the necessaries he
wants, out of the produce of his crops, at much easier rates than
he can furnish himself by any home manufacture." Only when
the price of their tobacco was unremunerative did many poor
people try to raise cotton and flax to make a kind of coarse cloth
and linen wherewith to supply the wants of their indigent families.
" No sooner did tobacco begin to rise in value, than all these
new-fangled manufactures vanished, and the land, which before
had been used for cotton and flax, was immediately converted
into tobacco ground." (473, pp. 326-7).
Only Massachusetts gave a different reply to the enquiry,
but even there manufactures were upon a very small scale.
There were bounties offered by the province to encourage the
making of duck and canvas ; some brown holland was made
for women's wear which made the importation of calicoes and
other Indian goods less. Small quantities of linen and cotton
were made for ordinary shirting and sheeting. There was a
single paper mill, several forges for making bar-iron, some
furnaces for cast-iron or hollow ware and one slitting mill,
which also made nails. The country folk who used formerly
to make most of their clothing out of their own wool, did not
now make a third part of what they wore, but were mostly
clothed with British manufactures. The manufacture of linen
from flax, however, was increasing owing to the considerable
INTRODUCTION.
XXlll
immigration of people from Ireland, who were very skilled in
that business. (528, p. 360.) The anxiety of the House of
Commons about the increase of competitive manufactures in
the colonies was therefore unfounded.
Differen-
tiation
(if powers.
The Crown
and judicial
appoint-
ments.
Turning now to matters of constitutional interest, we may
remark that 1731 did not bring forth any new points of much
importance. The question of the division of powers between
the Crown and the legislatures was raised on an Act passed in
Antigua for constituting a Court of Chancery. Owing to the
frequent absence of the Governor of the Leeward Islands in
other parts of his government, it was impossible to hold a
Chancery Court in Antigua save at long intervals, because it
was necessary for the Governor to preside in person. The Act
therefore provided that in his absence the Lieutenant-General,
or failing him the Lieutenant-Governor of the island, might
hold Courts of Chancery. The Council of Trade and Plantations,
however, advised the King to disallow this act on grounds of
constitutional principle. " We do apprehend that the appoint-
ment of Judges and Chancellors being a very material part of
the royal prerogative, ought always to be exercised immediately
by your Majesty, or by some persons to whom your Majesty
shall especially delegate that power, and not by a clause in an
Act of Assembly, and the rather because your Majesty may
from time to time make such alterations or additions to your
Royal orders and appointments as may be suitable to the
occasions and advantage of your subjects, but an act of Assembly
cannot be repealed, whatever inconveniences may ensue from
it, without the consent of the people. The most proper method,
therefore, in our humble opinion, of attaining what is proposed
by this act, most suitable to your Majesty's royal prerogative,
and equally safe and expedient for the people of Antigua, would
be that your Majesty should be pleased especially to appoint
some person in Antigua to preside as Chancellor and execute
all the functions of that office in the absence of your Majesty's
Captain General or Commander-in-Chief." (200, pp. 113-4).
The Board went on to point out that " great caution ought to
be had in making concessions of this sort to any colony, when
XXIV
COLONIAL I'APKRS.
an uncommon favour already granted is made use of as an
argument to obtain another still more extraordinary." (p. 114).
Constant vigilance had to be exercised to guard the essential
constitutional principle of the differentiation of powers between
the various parts of the State and especially for the separation
of executive from legislative functions.
This matter of the separation of functions arose also in
connection with the legislature of the Bahamas, where Governor
legislative Woodes Rogers had much trouble with a newly formed and
functions of
the Colonial inexperienced Assembly. The despatch of the Board of Trade
giving him directions as to how to proceed sets out clearly their
view as to the parallel executive and legislative functions of a
colonial Council. " All laws to be passed by you are required
to be consistent, and as near as may be consonant to the laws
of this Kingdom ; so it would be proper that the proceedings
of the Assembly also should resemble those of the Parliament
of Great Britain, as far as the circumstances of the Colony and
your Instructions will permit. And as the Council with you
as in all the other Colonies abroad have t\vo capacities very
different in their nature and design, so their proceedings as the
King's Council in political matters should be kept entirely
distinct from those wherein they act as one branch of the
Legislature, and ought to be fairly entered in separate books.
It would be a pretty difficult task to lay down a plan for the
proceedings of your Assembly in future times, or to allot the
particular limits to be observed by them. But in general we
may observe to you that the Constitution of England owes its
preservation very much to the maintaining of an equal balance
between the three branches of the Legislature, and that the
more distinct they are kept from each other, the likelier they will
be to agree, and the longer they will be likely to last." By the
Minutes of the Assembly they seemed to have been prorogued
by the Governor and Council, but the Governor was specially
directed to see that this mistaken entry was amended, for the
Council could not claim any right of proroguing the Assembly,
and although it was a mistake, yet " some time or other, if not
corrected, it may be made a precedent to claim a power never
yet granted to any of II. M. Councils abroad." ('2G1, pp. 1 ! '.>)
INTRODUCTION. xxv
It was the consistent endeavour of the Board of Trade to
establish the practice of the Colonial Assemblies on Britisli
precedents, and this appears in many of the infinite variety of
details that came before them.
Thus, Governor Johnson of South Carolina had allowed the
Inent'of" Assembly there to appoint their own Clerk until the King's
the clerk pleasure should be known. " But," wrote the Board " in this
of Assembly.
Kingdom H.M. always appoints the clerks to the House of
Commons, and as by your 14th Instruction, you are not to
allow the Assembly any greater privilege than is claimed by the
House of Commons here, you are for the future to insist upon
H.M. prerogative in naming all his officers ; and accordingly
to name him yourself." (501), The Board was careful to
insist upon exact adherence to precedent in matters of form ;
thus eight Acts passed by the legislature of New Hampshire had
been forwarded by Governor Belcher for approval, but not
being under the seal of the Province as they ought to have
been according to the Governor's Instructions, they could not
be taken notice of as authentic laws, and the Governor was
required to send other copies under the seal of the Province
before consideration could be given to them. (499).
The use of a Colony's seal for the authentication of documents
^atiorTof g ave r i se t a difficult question of dispute between the Governor
documents. an( j Assembly of Rhode Island and was referred to the Crown,
which was not frequently troubled with the affairs of that
small colony. An Act had been passed by the General Assembly
there concerning the emission of bills of credit, to which Governor
Jencks dissented. Several of the inhabitants applied to the
Governor for a copy of the Act and the Colonial Secretary sent
to him for an order for affixing the Colony seal thereto. Two
members of the Assembly, learning of this and desiring to be
accounted prime agents in the preserving of the Charter
privileges of the Colony, spread the news and declared that the
Governor had endangered the loss of the Charter by ordering
the Colony seal to be set to a complaint to the King against the
Government. This aroused much discontent, and the Governor
therefore petitioned the Crown for the determination of three
points of constitutional interest (i) Whether any act passed by
XXVI
COLONIAL PAPERS.
Temporary
Acts.
Convict
trans-
portation.
the General Assembly of Rhode Island might be judged valid,
if the Governor had entered his dissent from it at the time that
it was voted ? (ii) Whether he might disallow or refuse setting
of the Colony seal to copies taken out of the Secretary's Office
and attested by him in order to be sent to the King? (iii) Whether
it was the duty of the Governor to examine all such copies before
he ordered the Colony seal to be set thereto, the Secretary who
attested them being an Officer under oath ? (539 i, 402, 402 i,
ii, iii).
The answers of the Board to these questions were not prepared
before the end of the period under review, but they will appear
among the papers of the following year.
Certain of the laws passed in the Colonies were of a temporary
character and the question arose as to what happened when one
of these Acts expired. It was referred to Mr. Fane, the legal
adviser to the Board of Trade, and he gave the opinion that
upon the expiration of a temporary act repealing a clause in a
permanent act, that clause revived again. This had been
determined to be the constant practice in cases of the like
nature in Great Britain, and the precedent was therefore held
to govern colonial practice. (510, 545).
Some of the colonies were complaining bitterly of the trans-
portation of British convicts to their shores and of the increasing
disorder and crime caused by them. There appears to have
been an increased flow of transported convicts during the period,
and Governor Osborn of Newfoundland wrote that it had become
a practice of the masters of ships to bring over to the island
transported felons instead of Irish servants. An unhappy
instance of the villains already there happened at a settlement
in Conception Bay where a woman and four children (being
all in the house who could speak) were in a most barbarous
manner murdered in one night, and the murderers could not
be discovered, (p. 205. See also 422 ii, p. 279). In earlier
volumes of the Calendar mention has been made of similar
outrages committed by transported convicts in certain of the
continental colonies, and they seem to have endeavoured to
decant some part of the flow of convicts thither by sending
INTRODUCTION. xxvii
them to Jamaica. No convicts were transported direct from
England to that colony, but the influx from the northward
brought great dangers with it. The people in the towns usecl to
sleep with their doors open, but since the arrival of the convicts
they were obliged to keep watch in their counting houses and
storehouses to prevent felonies and outrages such as had
occurred (pp. 338-9). The many " native " Irish immigrants
who were pouring into different parts of the empire oversea at
the time were not so dangerous ; they were generally
characterised as a lazy, useless sort of people who came cheap,
but whose hearts were not with the settlers and they added
very little to the wealth or security of any colony into which
they were " poured in shoals." (4.86, p. 339).
THE AMERICAN COLONIES.
The affairs of Newfoundland continued to demand much
attention from the authorities in England, for, although a
resident population had succeeded in establishing itself in the
island and the idea of removing the settlers had at last been
abandoned after eighty or ninety years of unsuccessful efforts,
that primitive community only existed on sufferance and was
never regarded as a proper colony. The Fishing Act of King
William's reign, which codified very much older traditional
practices, was still in force, and the endless quarrel between the
fishermen of the western ports, who came only during the
summer, and the local merchants and fishermen, who resided
in Newfoundland all the year round, was at its height. As the
papers of the immediately preceding years have shown, the
naval Governors who went out every season, had been compelled
to introduce a system of resident justices of the peace to try
and establish order amid the anarchic conditions that prevailed.
There are many papers in this volume that deal with the dis-
putes between the jurisdiction of these new local authorities and
the old "fishing admirals," as the first skippers arriving in the
island harbours each season were called. Governor Osborn found
that the admirals who by King William's Act had judicial
xxvlii COLONIAL 1'APKHS.
authority over the fishermen in each harbour during the season,
as was quite feasible at the time the Act was passed, were
attempting to extend it over all the resident inhabitants. They
obstructed the Justices of the Peace in every way, almost
rendering them useless. They were the opposers of all the
steps that had been taken by the Governors to bring order out
of anarchy, but while the naval vessels were in harbour, they had
to be submissive. As soon, however, as the Governor or his
lieutenants were out of the way, they treated H.M. authority
and power with great contempt. Some of them did not scruple
to say that it was their interest to oppose any form of govern-
ment whatever in Newfoundland which was not established
by Parliament. They believed that the administration of all
affairs was in them, and that they had thereby an unlimited
power to do whatever they pleased. They made use of it to
serve any fraudulent purpose in their private ways of trade, a
great many of which they could not carry on if the power were
not in their hands, (319, p. 199). They acted as though all civil
government were placed in their hands by Act of Parliament and
behaved in most arbitrary manner, even presuming to create
constables and issue warrants to the constables properly
appointed by the justices in Quarter Sessions, thus creating
great confusion. (319 ii, p. 200, 331, 422). Their power was
properly limited to the hearing and determining the rights and
properties of fishing rooms and such matters and things as
related to the fishery, (331 i, p. 206, 422 i), but even in those
respects they misused it. Thus, for example, by an order of
Governor Osborn in 1729 a tax of merchantable fish was to be
levied on all fishing boats and all boats' rooms towards erecting
a prison in St. Johns, but as that tax could not be collected
owing to the resistance of the shipmasters, it was replaced by
one of 3d. in the pound on all servants' wages employed in the
fishery, to be stopped by the shipmasters out of those wages.
Influenced by the fishing admirals, both the masters and the
servants stoutly declared the tax illegal and refused to pay
anything at all, thus placing the authority of the justices in
contempt, so that they had to appeal to the Home Government
for assistance and guidance. (422 ii, p. 280).
INTRODUCTION.
XXIX
Complaints
of the
' fishing
Admirals.'
The French
danger.
Fire at
Placentia.
Oanso.
What that guidance should be was quite uncertain, for to
anything proposed to strengthen administration in Newfound-
land, the fishing merchants of the ports of the West of England
raised clamorous resistance, as will appear more fully in the
papers of 1732. The fishing admirals were as loud in their
complaints as the justices, and they accused the inhabitants
of destroying and pulling down during the winter all their
houses, cook rooms, wharfs and stages, which was very
destructive to the fishing voyages of the following season and
added greatly to the cost of the fish for sale in Europe. According
to the admirals, the justices did nothing to restrain this
destruction, while they on their part accused the soldiers of the
garrison of taking the wood of the stages away for fuel for their
fires. (421). Newfoundland is pictured as a scene of chronic
anarchy which was added to by the turbulent Irish Papists,
who had grown so insolent that they openly declared that they
wished for nothing else but the French to come over, when they
would join them directly. Governor Clinton reported that
this was a very real danger, for most of the Irish possessed
secret arms and the French were only a very short distance
away at their new stronghold of Louisbourg (422). At the
end of November Newcastle referred the whole question of
Newfoundland and these disputes to the Board of Trade with
a request for a full report on what it was best to do. It was,
however, not until March 173| that the Board took this reference
into consideration and the results of their deliberations will
appear under that date. (508).
The calamitous settlement at Placentia, which had seen so
many vicissitudes since it had passed into English hands after
the Peace of Utrecht, suffered a crushing blow in October 1731
when a dreadful fire in the space of an hour or so reduced all
the best houses in the town to ashes. 700 cwt. of bread and
1800 cwt. of flour, together with abundance of other provisions
were destroyed within that short space of time, and the
garrison and inhabitants were reduced to a state of
starvation. (426).
Canso in Nova Scotia was making little headway against its
troubles, for the spring fishery was very bad and six of the
xxx COLONIAL PAPERS.
settlement's few schooners were lost in a storm. The place
was so much exposed to danger from the French and the Indians
owing to its advanced position in the Gulf of St. Lawrence that
it did not readily attract settlers. In fact much of the benefits
of its fishery, on which the Government had set such hopes,
went to the visiting fishing smack ships from New England
which refused to share any part of the burden of carrying on
the settlement. (584 iii).
In the other parts of Nova Scotia Lieutenant-Governor
Armstrong at Annapolis Royal was not only troubled with the
Acadians. French intrigues among the Acadians and the Indians to which
reference has already been made, he had puzzling difficulties
with the seigneurs who had taken the oath of fidelity and were
incessantly pestering him with exaggerated claims to lands
under ancient French grants before the Treaty of Utrecht.
" The French that I have to deal with," he wrote, " are a
perfidious, head-strong, obstinate and as conceited a crew
as any in the world." (487, p. 286). Several new settlers
were petitioning for land grants and only by such means would
it be possible to introduce a British population and develop
the province. But in the first place the Governor was restricted
from making any grants until Colonel Dunbar, the Surveyor-
General of the Woods, had set aside 300,000 acres of timber
for the Royal Navy, and then the seigneurs laid claim to vast
areas that they had done nothing to improve and which lay
entirely derelict. Many of those lands had been abandoned
ever since the conquest of the colony, but the seigneurs pleaded
their rights under the Treaty of Utrecht even though the lands
Fxa crated ^ a y was t e and uncultivated. As Armstrong truly remarked,
claims " The countrv will in a great measure remain a wilderness, and
of the
seigneurs, there will be scarce one acre left to be granted to Protestant
subjects, who are much desired and for whom room might be
found, if these seigneurs did not thus pretend a right to the
greatest part, if not the whole Province, without complying
with such conditions, as may be naturally conjectured, that
first moved his Most Christian Majesty to make such
concessions." In the part of the Province round Annapolis
Royal there was not one inhabitant who paid a farthing of rent
INTRODUCTION.
XXXI
towards the defraying of the charges of government, and so it
was a continual expense to the Crown. (427, p. 287).
Governor Armstrong therefore recommended " the necessity
of having the French inhabitants' estates surveyed and
measured," because otherwise it would be impossible ever to
procure any just plan of the country. It was said that some
if not all of them possessed and claimed greater tracts than
they were anyways entitled to, and, since they refused to renew
or take fresh grants, it was necessary to record their French
grants. Ever since the reduction of Annapolis there had been
" strange juggling amongst these seigneurs, as well as the other
inhabitants, who, as heirs, pretended a right to the estates of
those who left the country even at the Capitulation, and others
pretended to have bought of those that went away by virtue
of Her Majesty's letter, dated 23rd June 1713." It was
commonly said that rents had been remitted from Nova Scotia
to persons in the dominions of France, which, though it might
be forbidden, could not be easily prevented any more than
their clandestine trade with the people of Cape Breton, whither
they transported annually above three or four hundred head
of cattle besides sheep and other provisions. (427, p. 289).
It was this persistent passive resistance of the old French settlers
to every measure of Anglicisation that rendered it impossible
to develop Nova Scotia as a British colony, save by drastic
measures and at a prohibitive expense. The authorities
recognised the dangers of treachery arising from this alien
community at the gateway to the all-important fisheries, but
they could not bring themselves to face the expense of dealing
with it until there was no alternative.
The incessant disputes between David Dunbar and Governor
Massa- Belcher went on with full and acrimonious vigour, and a new
chusetts
and New cause of quarrel arose between them from what seems to have
Hampshire. ^ ill-advised promotion given to the contentious
Dunbar
v. Bekher. Surveyor-General of the Woods. By his commission Belcher
held the offices both of Governor of Massachusetts and of New
Hampshire, the Lieutenant-Governorship of the latter colony
being filled by Colonel Wentworth, In February 1731 the
xxxii COLONIAL PAPERS.
Board of Trade learned of the death of Wentworth from
Governor Belcher who recommended Joseph Sherburn for the
vacant appointment. They had already given much con-
sideration to finding ways of supporting Dunbar in his efforts
to preserve the King's woods for the supply of naval stores,
and they now wrote to the Duke of Newcastle about filling
Wentworth's place. " We presume your Grace will have very few
applications for that employment, which is really of very little
value, having no salary annexed to it, nor any perquisites but
such as arise from the good will of a very poor province, and
therefore we take leave to recommend Col. David Dunbar, the
present Surveyor-General of the Woods, to succeed him. This
we do purely out of regard to H.M. service, because we apprehend
this would increase Mr. Dunbar's authority in those parts and
greatly contribute to the preservation of H.M. Woods." (45,
Journal, p. 178). The Duke accepted the recommendation,
and in April Dunbar's commission was laid before the Board
and agreed to (Journal, p. 190). In June Governor Belcher
wrote (237) complaining that he had heard nothing from them
since their short letter of February 12 (53), and it was not
until the beginning of July that the Board wrote to him the
distasteful news that they had given him as his lieutenant the
very man against whom he had been constantly complaining.
' We are of opinion that [Col. Dunbar] had sufficient grounds
for his apprehension [of your action] and he would have been
wanting in his duty if he had not sent us such informations
as he had received upon [New England] affairs. We thought
it would be for H.M. service that this gentleman should be
appointed his Lt. Governor of New Hampshire to increase his
authority as Surveyor-General of the Woods, and, upon our
recommendation, H.M. has been pleased to appoint him
accordingly. But we presume he will always pay you
that regard that is due to his superior officer, and we doubt
not but you will treat him as a gentleman that bears H.M.
Commission as Lt. Governor." (277, p. 162). Belcher must
have already heard of what was proposed through private
sources, for three weeks before the foregoing letter was sent
he had written from Boston to Mr. Popple, the Secretary of
INTRODUCTION. xxxiii
the Board. " The appointment of the new Lieutenant-Go vernor
of New Hampshire after his so vilely traducing me has been a
great weakening of the King's authority in my hands, nor do
I believe it will be the least strengthening of him in his other
office." (247). However, he gave orders for proclaiming the
new Lieutenant-Governor in New Hampshire, and Dunbar
was accordingly installed in office in July. (287).
The sanguine expectations of the Board were disappointed
almost before they were formally expressed, and all Belcher's
fears were justified. Dunbar's appointment merely added
fresh fuel to the flames of controversy, for at every turn he
strove to exalt his own authority in defiance of the Governor,
and there can be no doubt that Belcher was right in
characterising him as " an uneasy gentlemon " (457, p. 306).
He alternated between New Hampshire, Boston and the
Eastern Country on the Kennebec, everywhere insisting on
his authority and claiming new rights. As Belcher wrote,
" threatening to tie people to trees and whip 'em, and burning
the fruits of their honest labour are odd measures to pursue
in an English Government and under the most gracious
Sovereign in the world." (457, p. 306). As Dunbar himself
wrote " My letters are generally so very long that I fear it
prevents their being taken into consideration " (p. 127) and
Belcher wrote on the disputes at almost equal length. As was
remarked in our previous Introduction (C.S.P. 1730, p. xxxvi)
it is impossible to analyse them here with any profit, and it
may be suggested that the best way to examine the controversy
is to begin with the long report sent by the Board of Trade to
the King on November 4, 1731 where an attempt was made to
summarise the principal points at issue. (467, pp. 316-318).
They had given three weeks' hard work to its preparation and
heard Jeremiah Dunbar, David's brother and agent, in his
favour. The papers they thought worthy of consideration are
listed in the Journal, and that list may facilitate reference about
the various points in dispute. (Journal, pp. 238-242).
It was mentioned in our previous Introduction that while
the Assembly of Massachusetts were unyielding in their refusal
W, 4 C.P. XXXVIII-C
XXXIV
COLONIAL PAPERS.
The salary
of the
Governor
of Massa-
chusetts.
to establish a permanent salary for the Governor, they had
pledged themselves to a compromise and to vote an annual
provision at the beginning of every session (C.S.P., 1730, p.
xxxviii). Governor Belcher recommended at the end of 1730
that that compromise should be accepted, and again in April
he wrote requesting permission to sign the bill for his salary,
which had been duly passed by the Assembly in October, 1730.
(288). He got no reply and wrote again in July saying that
since May there had not been a shilling in the public Treasury
for the support of the King's Government. " Nor will the
Assembly make any supply of money to the Treasury, unless
it be in such a manner as the King in his royal Instructions
says is expressly contrary to the tenour of the Charter." (321).
This did something to move the Government, and the Committee
of the Privy Council called the Board of Trade into consultation
to decide what was to be done about giving Governor Belcher
leave to sign the salary bill. (326, 335, 345). After deliberation
the Board were ordered to prepare a report on the matter and
submit a new draft Instruction permitting the Governor to
accept the salary voted by the Assembly in June. The Board
did so (350), but before they received the acceptance of the
Committee of the Council, Belcher wrote again to say that
the Assembly were utterly recalcitrant and were leaving him
entirely destitute of supply, so that he was quite without funds
to discharge the expenses of his government. They were calling
the inhabitants of the towns together to enlist their support,
and the situation was undoubtedly fraught with the most serious
danger. (383). But, despite his many urgent representations,
the Governor was left without any reply for many months, and
it was not until November 17 that the Board of Trade wrote
at last acknowledging in a single omnibus phrase his letters
" of the 1st, 12th, two of 21st and 24th June, 12th, 13th and
26th July, and 20th, 21st, 27th and 31st of August." Never-
theless despite their own dilatoriness of reply " my Lords
Commissioners " through their Secretary desired the long-
suffering Governor " to be punctual in your correspondence
with them and give them constant accounts of whatever shall
happen in your Governments." (499). Even then the difficult
INTRODUCTION. xxxv
salary question was referred to only in a casual fashion, for
Popple merely wrote " My Lords do not mention anything
particular relating to your salary ; H.M. having graciously
been pleased to allow your receiving what the Assembly have
already voted for you. But as this is to be no precedent for
the future, you will do well to use your utmost endeavours to
induce the Assembly to comply with the King's request." (499).
One receives an impression from the correspondence of
incompetence or shirking of responsibility by the King's
ministers in this long drawn out dispute with the Massachusetts
Assembly, but it is difficult to decide where the onus principally
lay. From the pages of their Journal we can see that the
Commissioners of Trade often discussed the matter, but it did
not lie with them to decide for a drastic and more consistent
policy with regard to the recalcitrant New Englanders. It looks
as though it were the Cabinet that could not determine what
to do ; faced with the obstinate and almost unanimous demand
of the people of Massachusetts for liberty in essential matters
of taxation, they would say neither " Yes ! " nor " No ! ", but
left the Governor to stumble on as best he could. Where policy
was clearly wanted, they could not be said to have had a policy,
but drifted on neglectfully while Massachusetts was confirmed
in its belief that by standing out it could always get its way.
In protesting their claims to the lands of Maine and the
Massa- countrv where Dunbar was trving to build up new settlements
chusetts
claims in they were determinedly vigilant. The claims of Sir Bibye
lands. Lake, Samuel Waldo and others to enforce their rights to a
tract of land between the Rivers Kennebec and St. Croix under
ancient grants were really backed from Massachusetts and had
been pending ever since 1729 (Journal, pp. 82-3, 95), but they
were not formally referred by the Committee of Council to the
Board of Trade until April 1731 (Journal, p. 195), and the
Attorney and Solicitor General delivered their report upon the
case in August. That document (353 and enclosures) contained
much of interest in relation to the law of land grants and to
certain points of international law concerning lands acquired
by conquest. It was definitely favourable to the claims of
the petitioners and so destructive of Dunbar's colonising
XXX VI
COLONIAL PAPERS.
schemes in his " Province of Georgia," but it was not until
the following year that the Board of Trade completed their
examination of the matter and gave their recommendation in
favour of the Massachusetts grantees.
The principal matter in which New Hampshire was concerned
already been referred to in connection with the Dunbar-
Agitation
for a separate
Governor in Belcher dispute, but we may also remark upon the movement
Hampshire, that was on foot for the separation of the Governorship of that
colony from the Governorship of Massachusetts. Governor
Belcher's friends maintained that this was an agitation
artificially fostered by Lieutenant-Governor Dunbar's partisans,
and their memorials to the Crown (394, 459) contain interesting
facts concerning the poverty and sparse population of New
Hampshire at this period. It was, of course, not until much
later that the movement for separation was successful.
New Jersey, too, desired to have a Governor of its own and
sey ' no longer be combined with New York. There the agitation
seems to have had wider support, but it met with no more
success.
New York.
In the correspondence from New York during the year the
principal matters of interest were concerned with the Indian
trade and the encroachments of the French to which reference
has already been made. Governor Montgomerie died during
the year (277, 310) and before the appointment (January, 173^)
and arrival of his successor, Col. William Cosby, the Government
was carried on by President Rip van Dam, whose letters show
him as a capable and efficient administrator. New York was
communicated with not only upon its own affairs but also as
agent for dealing with the lesser neighbouring colonies of
Connecticut and Rhode Island. Mr. Popple wrote to Governor
Talcot of the former asking him for regular accounts of the
public transactions in his government and for authentic copies
of the laws passed in the Assembly of the colony. He reminded
him that as far back as 1710 Governor Saltonstall had promised
a collection of the laws of Connecticut, but nothing had been
received. (203). Rhode Island, too, had sent none of its laws,
but whereas Connecticut took some notice of the Board's
and Rhode
Island.
INTRODUCTION. xxxvii
requests, the other Colony sent no answers to the letters asking
for compliance. Popple therefore wrote to Governor Mont-
gomerie in New York asking him to procure printed copies of
the laws that were in force both in Connecticut and Rhode
Island. (262). After Montgomerie's death President Rip
van Dam searched for such printed copies of the laws but could
find none, and when he wrote to the Governors of the two
colonies he could get no answer (458, but see 582). However,
in both cases, they needed some assistance from the Board of
Trade and, in order to procure it, they appear to have found it
best to forsake their usual neglect of the authorities in England
and comply with their requests. Governor Talcot sent his laws
both direct (470) and via New York (582) and Governor Jencks
also complied at last, and also answered the queries that were
sent to him. (474, 539).
We have spoken earlier of David Dunbar's project of found-
ing a ' Province of Georgia ' in the region between the Kennebec
and St. Croix Rivers and of the disapproval with which the
Board of Trade viewed the application of that name to his
settlements. (C.S.P., 1730. Introduction, p. xxxv). Another
A ' Georgia ' project which also purposed using the name ' Georgia ' must
m the West. s j m {i ar i v b e distinguished from Oglethorpe's Georgia scheme on
the Savannah River to which reference is made below. Sir William
Keith, at one time Lieutenant-Governor of Pennsylvania, with
two Swiss, John Ochs and Jacob Stauber, and two men of English
stock petitioned the King for a grant under a proper form of
government of a tract of vacant land behind the great ridge of
mountains to the westward of Virginia. They proposed to
call it the ' Province of Georgia ' and to people it with some
thousands of substantial, industrious people from the Protestant
Cantons of Switzerland and other parts of Germany. (342 i).
The petition was referred to the Board of Trade for their report
(342), and Messrs. Ochs and Stauber were called to give evidence
(Journal, pp. 189, 322). The negotiations went on through the
autumn and objections were raised that the Board was already
committed to the Swiss scheme of Jean Pury in Carolina which
had not yet been brought to fruition (399). However, the
petitioners pointed out that they were looking to an entirely
xxxviii COLONIAL PAPERS.
different region, the land beyond the mountains where nothing
had yet been attempted and where the French might anticipate
an English settlement if that were not begun without delay.
The final form of the scheme was set out in a memorial presented
in September 1731, and from that we learn that Keith and his
partners were not contemplating a mere emigration scheme
like Pury but desired to form a new inland colony entirely
separate in its government from Virginia and Pennsylvania
(399, p. 252). They suggested that the Board should take
evidence from Colonel Spotswood, who had had such a large
share in settling the inland parts of Virginia with his work in
Spotsylvania County (391), and that he might be a suitable
person to be the first Governor of the proposed settlement.
Stauber, himself, had had more than twenty years' experience
in the remotest parts of Pennsylvania among the Indians (425)
and would assist in managing the actual settling of the
immigrants upon their lands. However, no decision was come
to before the end of the year, although signs were already evident
that neither Virginia, Maryland or Pennsylvania would readily
consent to the establishment of a new and independent govern-
ment behind them in the interior, which would block the
possibility of their westward expansion.
Governor Gooch reported from Virginia that there was a
claims of strong inclination among the people in the Dominion as well
Fairfax. among many strangers from Pennsylvania to extend their
settlements on the western side of the great mountains and on
the River Cohongaroonton to hold their lands of the Crown
under Virginian grants. They held that those lands belonged
to the Crown of right as lying beyond any part of the rivers
called Rappahannock or Potomac. But Lord Fairfax claimed
that they lay within the district granted to him and contended
that not only the main stream, which forms those rivers, but
all other rivers and streams which communicate therewith,
by what names soever they were known, and the lands encom-
passed thereby lay within the limits of his grant. Nevertheless
Gooch with the advice of the Council of Virginia was of the
opinion that Fairfax's charter could not have so large a
construction as was claimed, and being sensible how much it
INTRODUCTION.
XXXI X
North
Carolina.
was for H.M. interest to encourage settlements in the interior
so as in a few years to get possession of the Lakes and be in a
condition to prevent encirclement by the French, had accorded
grants to such as applied for them with the promise of patents
so soon as the number of people the applicants promised had
been brought to settle on that frontier (289, p. 169). The
dispute with Fairfax also concerned the boundary of the
Northern Neck and many of Gooch's excellent despatches
devoted much space to the arguments concerning the extension
of the authority of Virginia into that very unruly region.
The affairs of North Carolina were still very disturbed under
the new Royal Government as they had been in the days of
the Lords Proprietors, and Governor Burrington, though he
wrote long despatches to prove that he had brought the colony
to order, does not appear to have really effected very much
(e.g. 404). The colony was rent with violent quarrels and
tempers ran so high that there was no restraint either of language
or conduct. North Carolina, in fact, had a very bad reputation
for quarrelsomeness and misrule. South Carolina was more
settled, but even there the law did not run very smoothly outside
the immediate neighbourhood of Charleston, the seat of govern-
ment. There had been no Courts of Justice held for four years for
want of a jury (p. 343), and when efforts were made to collect
the debts that were owing by the planters in the country districts,
they failed. When the Marshal attempted to serve a capias for
the recovery of debts out of Charleston, there were frequent
rescues from him, " the negroes were let loose upon him and he
frequently wiped or drawn through a ditch, but all complaints
[were] to no purpose, for legal proof [could] not be made that
it was by their master's order, though everyone [knew] it could
not be done without it " (548, p. 370).
General Oglethorpe's project for the foundation of a new
Ogiethorpe's co i ony () f Georgia, first came before the Board of Trade in
settlement *
in Georgia. December 1730 (Journal, pp. 165, 167-8, 169), and the
petitioners were busily negotiating with the authorities from
that time onwards. There are few papers connected with the
project among those of 1731, for the discussions were mostly
South
Carolina.
xl COLONIAL PAPERS.
verbal, as we can see from the pages of the Journal. The
projectors early agreed that the area to be included in their
grant should be " bounded southerly by the most southern
branch of the River Alatamaha and northerly by the most
large and navigable branch of the Savannah " (Journal, p. 169).
The region was traditionally within the Province of South
Carolina and during the negotiations the project was always
spoken of as one for the settlement of South Carolina. Some
references to it, therefore, may be found indexed under that
heading.
North Carolina and Virginia heard of the Georgia project
during the year with some apparent jealousy, for they also needed
settlers. Moseley, the great land-jobber of the former colony, still
had 20,000 acres to sell when he could find purchasers (404), and
as one of his correspondents wrote to Governor Burrington from
Virginia " It must be owned North Carolina is a very happy
country where people may live with less labour than they can
in any part of the world, and if the lower parts are moist and
consequently a little unwholesome, everywhere above Chowan
people may live both in health and plenty. There is a
subscription in England for settling an hundred families of poor
debtors on Savannah River, which will prove a grave for them.
They had better send them to North Carolina." (404 ii, p. 257).
m.
THE WEST INDIES.
Captain George Phenney had left the Bahamas, but the
The affairs of his Governorship were not yet cleared up, for he had to
Ca \ GeT e P e titi on tne Crown for the deliverance up to him of a bond which
Phenney. n j s successor Governor Woodes Rogers had compelled him to
deliver to the Treasurer of the Colony for the sums raised during
his administration. The Board of Trade made a favourable
report to the Committee of Council on this petition, which is
of some interest as bearing upon the financial responsibility of
a Governor. The Assembly's objection to Phenney's pro-
ceedings related solely to the way in which he had levied money
INTRODUCTION.
xli
for the expenses of government. There was then no Assembly
in the Bahamas, so that the money was raised by the highest
authority which then subsisted and by the same power as
his predecessor had levied taxes for the same purposes. By his
commission Phenney was authorised to do everything that
might conduce to the security of his Government, and the Board
held that what he had done was the common practice of England
towards her infant colonies and it was approved at the Quarter
Sessions of the Islands, which was the most popular Court that
could take cognizance of such matters before the constitution
of the Assembly. The ex-Governor's bond was therefore
returned to him and he was protected against suits in the
Bahamas Courts for what he had done in his capacity of
Governor. (322, Journal, p. 235). Captain Phenney was
appointed Surveyor-General of the Customs in the southern
colonies of America, resident in Virginia, (526), and as such
appointed to the Councils of each of those colonies, so that
despite the troubles that had beset him during his Governorship
he was clearly regarded as a valuable servant of the Crown.
In connection with this appointment we may note an impression
derived from the perusal of these papers in successive years
that, although there was in the early eighteenth century no
organised Colonial Service, men were employed successively in
different appointments for many years when they had shown
administrative capacity. Not all colonial appointments were
made by favouritism or patronage, but the good services of men
like Lieutenant-Governor Gooch of Virginia, Colonel Mathew,
Lieutenant-General of the Leeward Islands, Major-General
Robert Hunter of Jamaica and others of lesser rank like George
Phenney gave them a prolonged colonial career. Incidentally
we may remark that in 1731 for the first time we meet with the
name of William Shirley, who went out in that year to Massa-
chusetts with the Duke of Newcastle's recommendation (372,
461, 531) and was later to play an important part in colonial
affairs.
There are few papers of interest from the Bermudas during
Bermudas. * ne vear save Lieutenant-Governor Pitt's reply to the queries
addressed to him by the Board of Trade in the usual course.
William
Shirley.
xlii COLONIAL PAPERS.
He remarked that in two years the inhabitants of that tiny and
poverty-stricken colony had decreased by 1,173, about one-
seventh of their whole number, " the chief est reasons whereof
are that the inhabitants daily remove their families to other
colonies for their better support and the blacks are often trans-
ported." (306 i). Similar emigration was also going on on
a considerable scale from Barbados, and we hear of Barbadians
passing northwards to find new homes and better prospects in
Carolina. That island was unusually quiet (256) and was on the
decline. Governor Worseley laid down the governorship that
he had held for so long (430, 432) and departed for England,
where as soon as he arrived he was called into counsel by the
Board of Trade concerning the affairs of the colony (476, Journal,
p. 249).
The affairs of the Leeward Islands also were not of any
particular moment, but St. Christopher suffered a serious
islands. disaster by the blowing-up of its principal magazine which was
struck by lightning. The greater part of the ammunition and
arms of the garrison were stored therein and their loss left the
island in an almost defenceless condition (554, 569). The
rapid succession of Governors in recent years owing to death
had frequently left the administration in the hands of Colonel
William Mathew, the Lieutenant-General of the islands, as
second in command. The Board of Trade were concerned at
what would happen in case of his death or absence. The King's
commission directed that in the absence of the Captain-General
(or Governor-in-Chief), the chief command in the Leeward
Islands should devolve upon the Lieutenant-General and in
his absence upon the Lieutenant-Governor of Nevis and upon
the President of the Council in that island. In all probability
the first cause for giving this preference to Nevis was its having
been entirely settled before any other of the islands, but St.
Christopher and Antigua had both outstripped it and Nevis
had sunk to be a very small community. The Board of Trade
therefore recommended that in the absence of the Captain and
Lieutenant-General the command should devolve first on the
senior lieutenant-Governor among the four islands and so
in turn. If no one of the Lieutenant-Governors was available,
INTRODUCTION.
xliii
Lands
in St.
Christopher.
Jamaica.
then the office would pass to the President of the Council of
St. Christopher as now the island of most consequence in the
group. (226, 234, 274, 530, 552). That the question was one
of direct practical interest at the time was shown by the fact
that while the orders were being discussed there was no Captain
General in the islands owing to the death of Lord Forbes and
the non-arrival of his successor, Colonel William Cosby, the
Lieutenant-General, William Mathew, had departed for England
on leave of absence, and the command therefore devolved on
Michael Smith, President of Nevis who was a person of no
particular substance or standing. It is another instance of the
difficulties caused by the persistence of complex regulations
after circumstances had changed. In the little, over-governed
communities of the W T est Indies this conservatism could not
fail to produce unfortunate results.
There is a long and interesting report from Mr. Fane upon
a case referred to him concerning the title to lands in St.
Christopher, which had been forfeited by the treasonable
adhesion of various Irish planters to the invading French during
the late wars. The question of the disposal of such forfeited
lands and of subsequent titles to them was argued at length,
and the report is of interest concerning the effects of Acts of
the colonial legislature in cases where there had been a change
of property by rebellion, and later after possession for a great
number of years (here from 1689 to 1712) a law was passed to
quiet the possessors without any private view but only for the
general quiet and ease of the country. (571, pp. 392-396).
The many papers from Jamaica are filled with accounts of
the operations against the negro rebels which were a depressing
story of incompetence, cowardice and neglect of precautions.
On the other hand there was much correspondence concerning
the two regiments that were sent to the island at the planters'
urgent representation of the dangers that were threatening
them from the revolt of their slaves. But though they
clamoured for the protection of the soldiers, they would not
contribute to their support, nor help in housing them. The
mortality among the troops was terrible and the regiments
were soon reduced to a fraction of those who had landed. It
xliv
COLONIAL PAPERS.
The negro
rebels.
Uselessness
of the
Moskitos.
is unnecessary to recapitulate the story, but to follow it reference
must be made to the papers which show that perhaps a major
share of the attention of the Privy Council Committee and the
Board of Trade was given to these Jamaican affairs (e.g. 210,
249, 272, 292, 300, 351 i, 370, 412, 491, 492, 550 ii). The officers
of the regiments detested the service and the factiousness of
the planters afforded them their opportunity to intrigue for
their withdrawal. We learn of this from the representations of
his Council to Governor Hunter which he forwarded to the
Duke of Newcastle along with his account of the rout of the
military forces sent against the rebels. " The weak and
defenceless condition of the island [persists] and we are concerned
to find our opinions [concerning it], honestly and faithfully
given, have had less weight than the solicitations of some
interested officers, who from their first landing here have shown
a dislike to the country and an indisposition to the service.
These officers the better to carry their point have transmitted
a message from the Assembly to the Council where it is in-
sinuated the country had no occasion for them. That was but
the opinion of one part of the Legislature and carried by a small
minority, who under show and pretence of popularity are running
the country into the greatest disorder and confusion. If the
officers had acted with candour, with a view to H.M. service
and not their own interest ", they should have noted the evidence
showing that the militia were not sufficient for the defence of
the island. (550 xi, p. 375).
The projects of conciliating the rebels and of deporting them
to the Bahamas or of using the Moskito Indians against them,
which were recommended by some, were neither practicable
nor advisable. " At this time " wrote the Council " the negroes
are flushed with success and they would rather impose than
receive terms. Nothing but arms can bring them to submit,
much less a proposal to banish them to the Bahamas. The
Moskito Indians were never made use of by this country [sc.
Jamaica] but once for the reduction of the rebellious negroes
and then they acquitted themselves so ill that the country
did not think it worth while to employ them again, neither
did they care any more for that service when they found the
INTRODUCTION.
xlv
Relations
with the
Moskito
Shore.
Cause of
the Jamaica
difficulties.
rebels knew the use and were provided with fire arms." (550 xi).
Governor Hunter was of the same opinion. " As to the Moskito
Indians, it is but too true, they were not satisfied with their
treatment when here last, neither had they much reason to
be so, having had their arms which were given them taken
from them upon their return home. By the report of all who
were acquainted with them they are utterly unfit for such
service in the rocks and mountains, their own country consisting
of marshes and bogs, and all or most of their expeditions there
performed in canoes. Neither did they indeed do any service
when here, pretending they were imposed on in assurances given
them, that the rebellious negroes had neither arms nor ammuni-
tion."
Nevertheless the Moskitos lived in strict amity and corres-
pondence with Jamaica and their King was very proud of the
parchment commission, the great seal and trappings that were
sent to him as usual. He desired to come to England, but the
Governor put him off with various excuses. (486, pp. 337-8.
See also 328).
The real cause of the troubles of Jamaica was discerned by
General Hunter. " The great service of all our evils on this
side is the indolence and inactivity of the men of figure and
substance, who generally speaking not only lie by in the election
of members of Assembly, but will give their interest for the
choice of such as are recommended to them by their lawyers,
and those who make that interest are for the most part men of
low fortunes and desperate circumstances and want personal
protection." (486, p. 338).
The West
African
depen-
dencies.
AFRICA.
Although the title of the Calendar of State Papers, Colonial
Series is qualified with the sub-title America and West Indies,
there have always been included in the successive volumes some
papers relating to the trade to West Africa and to the English
forts and factories upon the coast. This was undoubtedly
proper, for the affairs of the African dependencies were closely
xlvi COLONIAL PAPERS.
associated with those of the Plantations and must be studied
along with them. Englishmen had been at work in West Africa
ever since the middle of the seventeenth century, and although
their little factories there had no full and continuous corres-
pondence with the Board of Trade and Plantations like those
of the colonies in America and the West Indies, their story
forms an essential part of our colonial history. Unfortunately
the papers from Africa of the seventeenth and eighteenth
centuries are widely scattered through the archives of the
Board and of the Secretaries of State, and they have never
been collected into a single series. Many of them are included
among the Trade Papers of the Board which have not been
abstracted in the Colonial Calendar, and only the Journal
reveals that besides the comparatively few African papers
that have been dealt with in successive volumes, because they
came within the series of collected documents that were
explored by the editors, there were others and probably in larger
number. At a later date it is hoped to collect abstracts of all
the extant documents in a volume of Addenda, but here we
may mention some papers of the year 1731 as an illustration,
although they have not been abstracted in this volume.
In May 1731 the Duke of Newcastle referred to the Board
of Trade a Petition received from a Mr. Bullfinch Lambe relating
(Dahomey), to his transactions with the Emperor of Pawpaw (or Dahomey)
in Africa. (Journal, p. 198) Lambe was summoned to attend,
and accordingly he appeared with a negro, called Captain Tom,
who had been employed as his interpreter, and the surgeon of
the African Company at their Cape Corse factory. (Journal,
p. 199). The Emperor desired to enter into close relations
with England, as Lambe set forth in his memorial, and the
Board requested the African Company and the separate traders
to the Coast to send representatives to give evidence on the
subject (Journal, p. 199). There is considerable space devoted
to the matter in the Journal (pp. 201-3, 215-7) and the Board
prepared a letter and report for presentation to the Secretary
of State and the King in July 1731 (p. 217) although they do
not appear among our papers. They are to be found in an
uncalendared section of the archives (C.O. 267/5), and they
INTRODUCTION. xlvii
illustrate the fact that English activities on the West Coast of
Africa in the first part of the eighteenth century were more
widespread than has sometimes been realised.
Again on July 22, 1731 a letter from Mr. Burchett, Secretary
to the Lords Commissioners of the Admiralty, was read by the
Board of Trade together with several papers relating to the
forts and settlements on the coast of Africa (Journal, p. 221).
Although they were considered by the Board in close connection
with the disputes about the duties laid upon negroes in Jamaica,
which have been referred to earlier in this Introduction, they
do not appear among our abstracts. Until it is possible,
therefore, to prepare the volume of Addenda that is projected,
it is necessary for students to keep a watch upon the proceedings
of the Board of Trade and Plantations as recorded in their
Journal in order to obtain a comprehensive view of the evidence
upon which they based their reports.
MISCELLANEOUS.
The spelling and punctuation of the period when written by
trained officials in London do not differ greatly from modern
practice ; they had reached their norm, but some other corres-
pondents had extraordinary ideas of orthography. " Councle "
is an effective disguise at first sight for " council " (546), while
" arbeterry " seems to be an attempt to spell " arbitrary "
phonetically (319 ii). Save for such occasional aberrations
it is doubtful whether it is of much philological importance to
reproduce the spelling and punctuation of the documents
exactly. Capitalisation was very liberal at this period, but
Mr. Headlam, by whom the original abstracts were made, did
not reproduce all the many capitals so freely scattered through
the documents. There is one expression that sounds inexplic-
able to modern ears and is probably a piece of military slang.
Colonel Robert Hayes commanding one of the regiments sent
from Jamaica wrote to his agent after his arrival at Port Royal
" The affair of the blacks [i.e. the negro rebels] I took [? look]
upon to be quite a Bam, for I find nobody that has either seen
xlviii COLONIAL PAPERS.
or felt them in a wrathful manner." (249(6), p. 140). Another
entry on one of the letters caused some doubt to Mr. Headlam
when he abstracted the document. The letter (219) was
written in London to the Secretary of the Board of Trade and
marked with the usual triangular stamp " Penny Post Paid "
with the word " Pidgeon " written above it. It seems
improbable that this means that the letter was sent by carrier
pigeon, and it may be suggested that the postman to whom it
was given for delivery was named " Pidgeon," but the question
appears to be incapable of solution.
It is to be noted that, since the papers that are here calendared
have been collected from two sources, the archives of the
Secretary of State and those of the Board of Trade and
Plantations, which were later united under one custody, there
are two versions of each of the letters that were directed from
the Board to the Secretary of State, and frequently vice versa.
The original letters are now among the archives of their
recipients, but before despatch their office of origin copied
them into entry books of out-letters which have been preserved.
As a general rule, Mr. Headlam abstracted the originals, but
in certain cases he appears to have made his abstracts from the
entry books, and it is well to make this point clear for the
benefit of those who may wish to go behind the Calendar and
consult the papers themselves.
ARTHUR PERCIVAL NEWTON.
COLONIAL PAPERS.
1731.
Jan. 2.
Jan. 3.
Jan. 4.
St. James's.
Jan. 7.
St. James's.
Jan. 7.
St. James's.
Jan. 11.
Boston.
1 . H.M. Warrant for appointment of Edward Bertie and
John Hammerton, Secretary and Register of S. Carolina, for
their lives and to be executed by them or sufficient Deputies,
they having surrendered the grant of the said offices to them by
the late Lords Proprietors etc. Countersigned, Holies Newcastle.
Copy. [C.O. 324. 36. pp. 253, 254 ; and 324, 50. pp. 93, 94.]
2. Memorial of loss and damage (2704Z. 2s. 2d. sterl.)
sustained by Solomon and Elias de Paz of London, merchants,
owners of the Friendship and cargo taken 24th Feb. 1728(9),
off Jamaica, by two Spanish vessels, on her voyage from New
England to Barbados etc. The Friendship was bought and fitted
out in New England on their account. Signed, Elias de Paz.
Endorsed, Reed, (from Elias de Paz) 22nd Jan., 173. 1| pp.
Enclosed,
2. i-viii. Invoice, bill of lading and correspondence relating
to foregoing. [C.O. 388, 93. Nos. 4, 4 i-viii.]
3. H.M. Warrant for using the new Seal of N. Carolina.
Countersigned, Holies Newcastle. Copy. [C.O. 324, 36. pp.
261, 262.]
4. Order of King in Council. Confirming Act of Jamaica
concerning the estate of Thomas King, deed. Signed, Temple
Stanyan. Endorsed, Reed. 10th, Read llth Aug., 1731. 1J pp.
[C.O. 137, 19. ff. 87, 87v., 8Sv.]
5. Order of King in Council. Confirming Act of Antigua,
1729, for cutting off the intail of lands formerly of John Bradshaw
deed, and settling the same upon Francis Delap of Antigua,
merchant, etc. Signed, Temple Stanyan. Endorsed, Reed. 10th,
Read llth Aug., 1731. If pp. [C.O. 152, 19. ff. 63, Q7v.]
6. Governor Belcher to the Duke of Newcastle. Since I
had the honour of writing you last I have met the Assembly
of this Province and after recommending to them what I thought
needfull for H.M. honour and service, and their own good, and
in a more especial manner pressing upon them H.M. 27th
Instruction for fixing a salary on me and my successor I waited
on them in a session of eighteen dayes, and finding they wou'd
Wt. 441
C.P. XXXVIII 1
COLONIAL PAPERS.
1731. [6]
come to no amendments on the bill they had past before, I
dissolv'd them, and inclose your Grace a Journal of the pro-
ceedings at this short session. I have issu'd writts for a new
Assembly to meet the 10th of next mo. and hope there will be a
change in the Assembly for the better advancing H.M. honour
and service, and nothing in my power shall be wanting towards
it. But should it be otherwise I think I have done but my
duty in dissolving the late Assembly since they would come
no nearer to the King's Instruction, etc. Repeats recommendation
of Mr. Sherburn for Lt. Gov. of N.H. v. Dec. 15, 1730. On
24th Dec. received Additional Instruction of Sept. 26th for the
better preservation of H.M. woods and issued Proclamations
in both Provinces accordingly. Continues : This day I receiv'd
from Col. Dunbar H.M. Order in Council, 12th Nov., mentioning
a representation that I was preparing a military expedition
against Frederick's fort etc. Continues : In this representation
my Lord Duke there is not the shadow of truth, nor did I ever
make the least attempt or preparation of that nature. Yet I
am not at all surpriz'd that Col. Dunbar had the folly, and
confidence as well as malice to make such a representation
against me. Because I am lately told he has wrote many other
palpable falshoods to do me all the hurt in his power, but if he
would confine himself to truth I should not give myself any
trouble about him : the ship by which this goes sails in the
morning, that I shall not be able to send your Grace the necessary
papers of a notorious riott committed by some people belonging
to Frederick's fort on some of H.M. subjects of this Province,
as also what I directed H.M. Lt. Govr. of this Province to
do at Pemaquid upon a visitation I order'd him to make to all
the fortifications of this Province. Another ship will sail in a
few dayes by which I shall send these things for my justification,
and which I believe will be to the intire satisfaction of H.M.
and his Ministers, and convince your Grace with what injustice
this gentleman has treated me. If he intends to take upon
him the office of an informer upon all my actions, and then to
present them in a false light, it will be giving your Grace and the
rest of H.M. Ministers a vast deal of unnecessary trouble. I
should be glad when he seeks to make any complaints against
me for the future that he would serve me with a copy before
he sends them away, then my answer might go in the same
ship, and had he done so now, I presume there had been no
occasion for H.M. order to me of 12th Nov., the matter on which
it is founded being absolutely false. I ask pardon for giving
your Grace so great an interruption from the vast affairs of
Europe, that ingross your precious hours etc. Signed, J. Belcher.
4 pp. Enclosed,
6. i. Copy of proceedings of the General Court of the
Massachusetts Bay, Sept., Oct., 1730, relating to a
riot at New Harbour, near Pemaquid, in York County,
AMERICA AND WEST INDIES. 3
1731. [6. i]
upon the complaint of Josiah Grover against some
Irish settlers, who seized him and his fishing schooner
and company when he went to clear and settle some
land there purchased by his ancestor, John Brown,
from the Indians 15th July, 1625. He escaped to
Boston and complains to the Governor, who instructed
the Justices of York Town to enquire into the matter.
Four Irishmen were apprehended at Pemaquid by the
Sheriff and committed for trial at the next General
Sessions. They acknowledged that they assisted in
seizing Grover's schooner, and said that they had orders
to do so from Alexander Hamilton, Captain of the
Fort. When the Sheriff came near Pemaquid, he
saw the colours flying at the fort, and being informed
by some Irish people that they designed to resist him,
he sent a message to the officer there that he came
with authority to apprehend some criminals etc. and
required his assistance, who answered that he would
keep his fort and did not admit the Sheriff etc. The
guns were loaded, but the messenger warned the officer
that if he went on, they would every one be hanged.
Upon which Hamilton said he would take advice with
his Council, and went out of the fort, and the Sheriff
entered without opposition etc. Copy. 11 pp.
6. ii, iii. Robert Auchmuty to Governor Belcher. Boston,
12th and 14th Dec., 1730. Gives his recollection of
the conversation between the Governor, Col. Dunbar
and himself at the Governor's house on 4th Oct.,
which was carried on with all the loyalty and harmony
possible. No such words were used as that the King's
Instructions signified nothing, or that the King had
not an acre to the westward of St. Croix etc. Signed,
Robt. Aukmuty. 3| pp. \C.O. 5, 898. Nos. 78,
78 i, ii.]
Jan. 12. 7. Order of Committee of Privy Council. Referring back
Whitehall, to the Council of Trade and Plantations their report upon the
petition of Lord Percival etc. for establishing a charitable
Colony in S. Carolina, to consider the alteration proposed by
petitioners, after hearing them thereupon etc. Signed, Temple
Stanyan. Endorsed, Reed., Read 13th Jan., 173. l pp.
Enclosed,
7. i. Alteration proposed by Petitioners in above report.
In lieu of words to lay before H.M. lists of all such
officers .... under their Common Seal, the words,
Under their common Seal to constitute Courts of
Record and other Courts to be held in H.M. name,
and for the space of 21 years to appoint and displace
all officers civil and military within the said district
[7. i]
COLONIAL PAPERS.
1731.
[Jan. 12].
[Jan. 12].
Jan. 12.
Whitehall.
Jan. 12.
Whitehall.
Jan. 12.
Boston.
together with such other powers as have been granted
on the first establishment of Colonys. If pp. [C.O.
5, 362. ff. ll-12v., 180.]
8. Memorial of three Justices of Newfoundland to
Governor Osborn. Copy of C.S.P. 1730, Sept. 25 end. iv.
Signed, Wm. Keen, Wm. Weston, A. Southmayd. Endorsed,
Reed, (from Capt. Osborn), Read 12th Jan., 173f 1 p. [C.O.
194, 9. ff. 67, 681;.]
9. Queries by Governor Osborn. To desier the opinion
of Council touching the power of the Fishing Admirals in
persuant to the Act of Parliament. Whether the Fishing
Admiral's power and Civill Majestrates interfere in any respect,
and wether the former have any power to send warrants to
constables, comit to prison, or command the stock, or wether
they ought not to be subordinate to the latter. Whether the
Justices of Peace may not act in Newfoundland by the Statu
laws of this Kingdom. Whether I have not the power of a
Justice of Peace and sett at their Quarter Sessions, or other
meetings by virtue of my commission. Endorsed, Reed., Read
12th Jan., 173$. | p. [C.O. 194, 9. ff. 70, 70.]
10. Mr. Popple to Mr. Fane. Requests his opinion upon
the preceding Queries. Encloses Governor Osborn's copies of
Commission and that given by him to Justices of the Peace.
[C.O. 195, 7. pp. 254-256.]
1 1 . Council of Trade and Plantations to the Duke of
Newcastle. Enclose copies of Governor Hunter's letter etc.
1st Oct., 1730. Autograph signatures. 1 p. Enclosed.
663. i. Extracts referred to in preceding. [C.O. 137, 47.
ff. 79-85 ; and (without enclosure) 138, 17. p. 307.]
12. Col. Dunbar to Mr. Popple. Refers to former letters.
Continues : As to my disputes with the New Engld. people
I hope I shall be justifyed ; if ever any body was among them
without disputes, I will own myself in the fault and submit to
be sacrificed to their resentment ; since their Committee was
at Fredericksfort I have been threatened with many actions
of trespass, and even high treason for building a fort and hoisting
the King's colours, wch. they themselves prostitute at their
little pallisadoed truck houses to exchange rum, molasses, and
tobacco etc. with the Indians ; I landed here the 10th instant
haveing been 12 days in my passage from Fredericksfort ; I
was in great danger by islands of ice in the river of Kennebeck,
but I was obliged to go into that river to stop some saw mills
there who were destroying a fine swamp of pine trees near ye
water upon lands wch. I have reserved for the Royal Navy in
AMERICA AND WEST INDIES. 5
1731. 1 12]
case the Proprietors or claimts. are disallow'd by H.M. etc. I
could not avoyd makeing some appointments of lands within
10 miles of the fort, where people are clearing ye woods, and
converting the timber, wch. is oak, birch, ash, maple and
popple, to ship timber, cord wood, and for pottash, and in order
to plant corn, garden seeds, hemp and flax in the spring, if I
had not done so, of course all would have dispersed, and would
never be induced to return, so that New England would boast
of a victory, than which nothing could be a greater mortification
to me ; I have not presumed to make any grant, or exercise
any sort of jurisdiction, tho' many applications have been
frequently made to me in small cases, as a Governour or
Majestrate ; I dare not have refused hearing ye party s, then
gave my opinion, complaining it was hard upon me, haveing
no assistce. to be troubled with little disputes, and desired they
might either defer matters or agree among themselves until
majestrates could be appointed, and thus I have satisfied the
people, and kept them together, but if after all, they must quit
and loose their labour, many familys will be undone, and I
the unhappy occasion of their misery, as I am at this time of
my own ruine and my familys by my zeal and perseverance to
promote this settlement, because I am convinced beyond all
doubt that it will be very considerable and satisfactory to H.M. ;
I send to my Lords Commissioners a smal parcel of hemp and
flax, the produce of new ground at Fredericksfort of this year
and from New England seed, the seed wch. I had from Dantzick
by way of London, being treacherously kept concealed until
the season was over ; I wish I had a fund to send for some of
each this year, and for two or more potash makers to Poland
or Russia. I think I could promise to serve England with
those commoditys in return for their manufacturys without
bringing away any of their mony, it is seldome any poor man's
scheme is worth anything, however hints may be usefull to
great ones ; I ought to be sufficiently discouraged as no notice
is ever taken from any of the Offices of my letters, yet I live in
hopes, wch. onely supports my spirits. These small samples
of hemp and flax, are not in such perfection as they would be
had I been at the place in time ; ye person I chiefly depended
upon to pull and dress them went away being discouraged by
common reports, an Irishwoman pulled, water-rotted and
dressed the flax, and the hemp was in the grownd when I arrived
there in the end of October, so that it was dew-rotted and even
4
frozen as it stood, the man who dressed it as you see it, has
made ropes and geer for cattle and carriages of some of it, and
assures me it is very strong, and undertakes to make it of as
fine a colour as flax next year, he tells me ye hemp here will
be finer than any European and has a good deal of the soft
nature of flax etc. From Kennebeck I went to Casco, where
there is onely one loading of masts provideing this year, the
COLONIAL PAPERS.
1731. [12]
rest being contracted for at Piscatua, wch. I am glad of in
respect to the Province of New Hampshire who are generally
a loyal good sort of people ; I went to ye undertakers house for
ye contract, and shewed him the orders I reed, to prevent
logging, he insisted on his right not to be interrupted, and
alleddged that he logged on his own private property etc. Refers
to enclosed letters which passed between them. Continues : Near
his house wch. is built in the woods and upon grownd cleared
within three years past, are five new mills each saw can cut 5
and sometimes 6000 feet of pine boards in 24 hours, he told me
if I sho'd stop his mills it would be ten pounds pr. diem damage ;
the lands about Casco are generally called private property,
and not one owner of a mill there but was pleased with the easy
proposal I made them to prove their property. I hope I am
not blameable for this condescention, and besides I am of
opinion yt. few or none of them will be deemed good ; some
shewed me their titles wch. were patents passed by Sir Edmd.
Andros in 1688, wherein are reserves of wheat and mony to
the Crown as an annual quit-rent, when I took notice of those
reservations, and sayd I would acquaint H.M. therewith, they
then disdained those titles, and sayd they did not esteem them,
for that they had some old titles from Sir Ferdinando Gorge
and Indian deeds ; I asked why they would produce Sir Edmond
Andros's pats, to me, they replyed because they seemed best to
the eye, but that it was an imposition of his to extort mony
from the people. Upon enquiry I find there are very many of
those patents, and all register'd, and if no quit-rent has been
received since, wch. is payable to H.M. or His Capt. Genii, of
the Masachusets, it will amount to a considerable sum, and
may easily be recovered after a reform in this Governmt., wch.
I hope is now upon the anvil. What I am now speaking of is
in the large county of York, formerly called the Province of
Maine, 90 miles along the sea coast and backwards to ye South
Sea in the original grant ; My Lords Commrs. may think
that country is settled and peopled, whereas 20 miles in length
and halfe so much in width would be sufficient for them ; there
is yet onely one line of towns layd out there and they extend
all along the shore and onely eight miles backwards into the
country, thus many many millions of acres lye wast, whilst
these gentry are opposeing H.M. to make other parts usefull
to the Crowne ; if such matters are not represented home, no
remedy can ever be applyed ; this country not content with all
this ; do claim most part of Nova Scotia ; it is this stragling
manner of settlement has (with their natural ill treatment of
all persons) allways exposed them to the insults of the Indians,
which (besides many poor souls cutt off), has cost them a great
many thousand pounds, and all might have been prevented by
gentle usage and some small present yearly to the poor natives,
who, unprovoked, seem a good natured people ; I herewith
AMERICA AND WEST INDIES.
1731. [12]
send you a complaint from a Jesuit at one of their tribes
settlemt., to whom I wrote in English hearing he was an Irish
or Scotchman ; I hope by his influence to secure the friendship
of his tribe. Acknowledges receipt of H.M. Additional
Instruction for giving his share of the penalties upon loggers
to informers. Will endeavour to prevent any abuse of that
indulgence etc. Continues : I likewise received (Sunday, 10th
Jan.) an office pacquet for Governour Belcher, with which I
went to wait upon him, and he being ingaged at dutys (as they
call them) I sent it by a gentleman on Monday morning, and
wrote to him that some reasons to which he was no stranger
prevented my waiting upon him, one of wch. was, the threats
of the mobb etc. Encloses his answer, (encl. i). Continues :
It is wonderfull how this great man and generally his country-
men can act and say, and deny both. His behaviour and useage
of me is beyond my imagination, and tho' to my face he denyed
many things, I could prove them by many wittnesses, his last
stroke is most provokeing of all, he has given out here that I
was a spy in Spain and was so here now upon him and the
country. I hope as he is not comeatable here my Lords will
think I ought to have some satisfaction for so gross an abuse,
one consequence of it had likely to have fallen lately upon
Capt. Protheroe, Commander of ye Station ship, who walking
in ye street, a man enquired of another who he was, answer
was made, Collo. Dunbar, whereupon one replyed God d n
him lett us mobb him, but being undeceived, the Capt. escaped ;
I came onely hither to attend the Courts upon account of the
expences I was unawares drawn into last year at Fredericks-
fort, and here mett the additional trouble of the return of 5001.
sterl. bills drawn by me on my groweing sallary wch. are pro-
tested. I intend in a few days to New Hampshire and into the
woods, and to send one of my Deputys to remain at Casco.
You no doubt have all the proceedings of this Great and General
Court transmitted by his Excy. to my Lords, no Governour
was ever more hated than he, and notwithstanding any assure-
ances he may give to the Ministry of succeeding in getting a
fixed sallary from the new Assembly, everybody tells me it
never will be given to him, and his pretences are onely to spin
out time, and keep the affair out of Parliament. I am even
told that the country have soe great an abhorrence of him for
betraying them (as they call it) that many of the first rank
are upon an Address to H.M. to give them any other Governr.
and they will comply with the Instructn. His chief Councilour
and favourite is the famous incendiary Dr. Cook, whose character
is known at home, and both the Govr. and Doctor irreconcileable
enemys to ye Dudley family who are reputed ye chiefs
of this country ; they were allways for the sallary and the
favourite Cook ever against it, wch. seems unaccountable that
a Governour is in earnest, and caresses the man, who is at
COLONIAL PAPERS.
1731. [12]
the head of his opposers. My Lords have heard of Govr.
Wentworth's death of New Hampshire, he was a worthy honest
gentleman, and is much lamented by the country, it is worth
nothing to be Leiut. Governour, who has no sallary but 200/.
this country mony, which all chief Governours before Mr.
Belcher gave out of their 200/. sterl., and he would not give a
shilling, nor is that small province able to give any ; they are
apprehensive that Mr. Belcher has recommended one Mr.
Waldron to be Lt. Govr., who was Clerk to the Council,
and is so now and yet is made a Councillour and a Judge by Mr.
Belcher, who has made great changes there, heavy upon gentle-
men who were putt in by Mr. Shute and Mr. Burnet for their
dutyfull and cheerfull complyance wth. ye Royal instructions.
Mr. George Jaffrey is one of them, he is of the Council, was one
of the Judges, and Treasurer of the Province, and Vice- judge
of the Admiralty, he is a man of good sense, fortune and figure,
and much the fittest to command that Province, I believe he
would accept of it, tho' I really do not know, but this I am sure
that no man there is more disaggreable to the King's friends than
Mr. Waldron. I was exceedingly surprised upon my arrival
here two days agoe to hear that Govr. Belcher had closetted
Mr. Auchmuty the Advocate General and prevailed upon him
to give a strange turn and construction to the conference he was
wittness to, wch. I gave my Lords an account of by my brother.
I taxed the Advocate Genii, with it who swore to me it was
false, and that he omitted nothing but the Governour's telling
me of sending down 500 men to dismantle the fort and take
the people prisoners, he promised to send me a copy of what
he gave Mr. Belcher, and to add that circumstance to it, wch.
he sayd had escaped his memory, but I rather take it he did it
out of complemt. to His Excellency. Mr. Auchmuty has told
ye story as I related it to my Lords Commrs., in twenty
places in this town etc. Continues : I am informed that many
heads here are now at work plodding against me. I defye all
the world whilst they stick to truth, but they would do anything
to have me removed etc. I am this moment told that there is
a Council sitting upon the report of the tryal of the four poor
men, brought from near Fredericksfort by order of this General
Court fr. the High Sheriffe of the county of York in October
last, it is sayd they are convicted but I am not able to learn for
what crime etc. I told you formerly they had onely stoped a
sloop from taking away some staves cutt by themselves. The
Governour wanted to try them for piracy. Pray Sir, Lay this
before my Lords etc. Signed, David Dunbar. Endorsed, Reed.
16th March, Read 13th Oct., 1731. Holograph. 14 pp.
Enclosed,
12. i. Governor Belcher to Col. Dunbar. Boston, Jan, 12,
173$. Acknowledges packet. " If you had inclined
to have come with it yourself, I am a stranger to any
AMERICA AND WEST INDIES. 9
1731. [12. i]
reasons why you did not etc" Does not believe he is
in the least danger from the mob, and would protect
him, if there should be any appearance of that etc.
Signed, J. Belcher. Endorsed as preceding. 1 p.
12. ii. Jacques Siresme, Jesuit Priest among the Abnaquis,
to Col. Dunbar. 30th Dec. (N.S.), 1730. Acknow-
ledges letter and looks forward to visiting him in the
spring. Does not understand English. Is surprised
that he makes no mention of religion etc. Signed,
Jacques Siresme, Jesuite etc. Two letters, one in Latin,
one in French. The whole endorsed as preceding. 2 pp.
12. iii. Robert Auchmuty to Col. Dunbar. Boston, 26th
Jan. 1730. Makes good the omission in his account
of the conference between Col. Dunbar and Governour
Belcher, as described in covering letter. Signed,
Robt. Auchmuty. If pp.
12. iv. Boston Gazette, Oct. 12th, 1730. Numb. 567.
With a notice of Col. Dunbar that he has warned the
people he found cutting white pine trees in Sheepscot
or Sheepsgut river that he had included that place
among the 300,000 acres of timber to be reserved in
Nova Scotia for trees for the Royal Navy etc. Printed.
2 pp.
12. v. Major Cope to Jerr. Dunbar. Boston, 27th Jan.,
1730. The chief occasion of Governor Philips' ordering
me to this place was the prospect of engaging severall
French Protestant families, to goe (agreable to their
own propositions) and settle in Nova Scotia, being
disapointed in that view, shall return to Annapolis
Royall, not well pleas'd " etc. Comments on the two
letters (encl. i and iii) which have come to his hands
etc. The latter shows that the conversation between
Col. Dunbar and Governor Belcher amounted to the
full to what the former wrote Col. Tayler on 12th Nov.
(v. C.S.P. 17th Nov.), 1730 etc. Signed, Hen. Cope.
Holograph. 3 pp.
12. vi. Copy of correspondence betwen Col. Dunbar and
Lt. Gov. Tailer. v. C.S.P. 17th Nov., 1730. 4 pp.
Enclosures iii-vi, endorsed as covering letter. [C.O. 217,
6. ff. 39-46, 47, 48, 48u., 49z;., 50z;.-54, 55-56v., 570.]
Other enclosures in preceding covering letter :
[Jan. 12]. 12. vii. Col. Dunbar to Mr. Westbrook. Casco, Jan, 7,
1730 (1731). Reply to following.
" You desire me to shew you and your workmen
such trees as we have remarked fit for H.M. use. That
wood be an imployment for us all and of course neglect
our duttyes in other parts " etc. But will appoint
a deputy to attend him, though it is contrary to what
10 COLONIAL PAPERS.
1731. [12. vii]
he objected last year. " My brother was with you
great part of that winter and has yr. letter by way of
certificate how effectually he prevented the destruction
of the timber on Saco River, which I find you have
forgot " etc. Signed, David Dunbar. Endorsed,
Reed. 16th March, Read 13th Oct., 1731. 3 pp.
[Jan. 12]. 12. viii. Col. Westbrook to Col. Dunbar. 6th June [sic],
173f . Desires his assistance, according to Instructions,
in selecting trees for the Navy under Ralph Gulston's
contract. Much timber up Saco River was cut and
destroyed last fall by permission of his deputy. " But
behold when yr. brother come to inform you of it no
man like him to be imployed in them parts to take
care of ye King's interest etc. I have great reason to
beleive you have continued this officer of yrs. with
some private veiws to damnify my interest and
intercept Mr. Gulston in his complying with his contract
etc. Signed, Tho. Westbrook. Endorsed as preceding.
Addressed. 1 p. [C.O. 5, 873. ff. 139-140u., 143,
[Jan. 12]. 12. ix. Thomas Westbrook to Col. Dunbar. Scarborough.
23rd Feb., 17|f . Reports rumour of his death. His
brother came in the nick of time to save the timber
at Saco Falls, " which I inform you of when I was in
Boston. Saveing some trees which was cut about
two months afore we got there, and just as we got
there. There was six teams going up in the road and
some of them had just begun to fall and had fallen 10
or 11 trees which your brother markt " etc. Signed,
Tho. Westbrook. Addressed. | p. [C.O. 5, 873. ff.
142, 142.]
Jan. 13. 13. Governor Belcher to the Council of Trade and
Boston. Plantations. Repeats gists of covering letter, Jan. llth, and
refers to those enclosures. Adds : These things, my Lords,
are the whole of what I have ever done respecting Frederick's
Fort etc., and how was it possible for me to do less ? I inclose
your Lordships a memorial I deliver'd into H.M. Secretary of
State the 15th May last, in answer to which I should have been
very glad of some orders or directions for my conduct, but never
receiv'd a word of answer till his Majesty's order in Council of
12th Novr. last. According to the clause of the Charter cited
in my memorial these lands My Lords are doubtless a part of
this Province, and agreeable thereto your Lordships will find
in H.M. Commission to me these words, " And the lands lying
between the said territory of Nova Scotia, and the Province of
Main." Quotes Commission to show that it makes the Charter
" the great rule of my Government " etc. Continues : How
dare I then disobey H.M. or betray the trust he has repos'd
AMERICA AND WEST INDIES. 11
1731. [13]
in me by refusing a legal protection to his good subjects, when
they apply to me. These rioters, My Lords, have been since
legally convicted in H.M. Courts, and must doubtless undergo
the penalties of the law for such a breach of H.M. peace, and so
notorious an assault and riott committed upon the property,
and liberty of H.M. good subjects. I am here, my Lords, H.M.
Govr. to see a good execution of all his wholsome laws for
the safety of his subjects under my care in their lives and
estates, and to this end I will endeavour carefully to use the
power the King has delegated to me in his Royal Commission
etc. Continues : It is false in Col. Dunbar to say, No private
persons have hitherto set up any claim on those lands, because
there have been a great many claims made, and are made daily,
and the people that claim think they have a just right (tho'
not by any grant of this Province) and one of the men whom
Coll. Dunbar's people riotted and assaulted has a claim there
descended down to him for 105 years past as may be seen in
his complaint against these notorious riotters. My Lords,
every man's private property is his life, and I can't answer for
people's giving away what they think their own. But for the
right of this government to those lands according to the Royal
Charter. Had Coll. Dunbar wisely manag'd about 'em I think
I should have had influence enough with this Assembly to have
made a cession of their right to the Crown : and it was always
my opinion that it wou'd be greatly to the advantage of this
Province, that the Crown should settle those lands. Yet etc.
I know not how to answer those that say, The Crown has always
supposed these lands to be a part of this Province, or why have
the Govrs. of the Massachussetts been ordered from time
to time to insist with the Assemblies to rebuild the Fort at
Pemaquid. They say why have not the Governours of New
Hampshire and Nova Scotia had those Instructions, and again
the King has directed the choice of a Councellour in the Royal
Charter to be chosen on account of those lands, and who of
course becomes one of the Legislators of H.M. Province of the
Massachusetts Bay, and without such a Councellour the present
Constitution cannot subsist. My Lords, I should be glad, I
say, to be instructed how to answer these things etc. Concludes :
I am tired of writing as I fear your Lordships will be of
reading, yet I must not be so vilely traduc'd and not answer
for myself ; I am an honest man, and hope ever to appear so.
Nor cou'd I possibly have done more from my arrival to this
day, than I have, in support of H.M. Dominions as well as for the
welfare of the Provinces under my care etc. Signed, J. Belcher.
Endorsed, Reed. 23rd Feb., Read 9th June, 1731. 7| pp.
Enclosed,
13. i. Memorial of Governor Belcher to the King. 15th
May, 1730. Has received accounts from New England
that Col. Dunbar hath made settlements on lands
12 COLONIAL PAPERS.
1731. [13. i]
lying between the River of Sagadehock and the Gulph
of St. Lawrence, which the Province of the Massa-
chusetts Bay apprehend to be part of the lands of that
Province and not to be alienated but by grant from
them according to the Royal Charter etc. quoted. Asks
for plenary instructions how to conduct himself in this
affair, and that Col. Dunbar may in the mean time be
directed to withdraw from those lands, and forbear
any further proceedings, till the right be fully deter-
mined etc. Signed, J. Belcher. Endorsed, Reed. 23rd
Feb. 173. Copy. 2 pp.
13. ii. Proclamation by Governor Belcher. Boston, 29th
Dec., 1730. For preventing the destruction of the
woods in the Massachusetts Bay, and publishing H.M.
Additional Instruction relating thereto, 26th Sept.,
1730. Signed, J. Belcher. Endorsed as preceding.
Printed by B. Green. 1 p. [C.O. 5, 872. ff. 170-
I75v., I7Gv.-I77v., I78v.-I79v. (with abstract).]
Jan. 13. 14. John Southall to the Duke of Newcastle. Encloses
following scheme, " wch. I hope may be of advantage to H.M.
Island Jamaica and to Great Brittain, and as the same may be
put in execution without expence to any and can't but prove
of profit and advantage to all, I wish it may meet with appro-
bation " etc. Offers to give further explanations and to " make
a draught of the island to show where and how long each road
ought to be " etc. Signed, Jno. Southall, living at the green
posts in the green walk near ye faulcon Southwark. f large p.
Enclosed,
14. i. Some considerations on the present state of the Island
Jamaica, 1st In regard to its imminent danger from
the slaves in rebellion, 2dly in regard to that island's
past and present very great scarcity of provisions.
Proposes the construction of roads, every inhabitant
supplying his every sixth negro for that purpose etc.
The rebel negroes would then have to surrender, and,
amounting to 10,000 could be sold at 201. a head to
pay expences and for maintaining forts etc. The
mountainous woods at present occupied by the negroes
or unoccupied would then supply abundance of game
and provisions. Also it is well known there have been
veins of gold and silver ore found in the blew moun-
tains, which the dread of the negroes alone prevents
being explored etc. 2| large pp. [C.O 137, 53. ff.
297-298U.]
Jan. 14. 1 5. Council of Trade and Plantations to the Committee of
Whitehall Privy Council. Reply to Order of 12th instant referring back
report of Dec. 17th. We do not apprehend any great inconven-
AMERICA AND WEST INDIES. 13
1731. [15]
ience that can arise to the publick, if H.M. should be graciously
pleased to allow the petitioners under their common seal to
constitute Courts of Record and other Courts to be held in H.M.
name and for the space of 21 years to appoint and displace all
officers civil and military within the said district. But the last
words in the alteration proposed by them being too general
vizt., together with such other powers as have been granted on the
first establishment of Colonies, we propose to add in the stead
thereof the following words, together with such other powers as
may be necessary for the support and defence of the said Colony.
[C.O. 5, 401. pp. 15, 16.]
Jan. 14. 16. Governor Belcher to the Duke of Newcastle. Refers
to letter of llth Jan. Continues : My worthy friend and
agent Mr. John Caswall will deliver this into your Grace's hands,
to whom I have sent all the papers referr'd to in my last to be
deliver'd to your Grace, wheh you'll please to order him to
attend you with them etc. (v llth Jan.). Continues : These
things are the whole of what I have ever done respecting
Frederick's Fort etc. Continues : You'll find among these
papers the copy of a memorial I made to the King and deliver'd
into your Grace's hands when I had the honour to take leave
of your Grace at Newcastle House, 15 May last, to which I should
have been glad of an answer. But never reciev'd one word
till H.M. order of 12th Nov. last came to my hands. In that
Memorial your Grace will find cited a clause of the Royal Charter
of this Province, making the lands at Pemaquid a part of this
Province, and agreeable thereto they are contain'd in H.M.
royal commission to me for this Government. Quotes from
Commission directing him to act according to the Charter.
Continues : How dare I then disobey H.M. etc. by refusing a
legal protection to his good subjects when they apply to me for
it. These riotters have been since legally convicted in H.M.
Courts, and must doubtless undergo the penalties of the law
for the breach of H.M. peace, and so notorious an assault and
riott etc. As H.M. Governor he will see a good execution of
his laws etc. Continues : Nothing can appear more false than
Collo. Dunbar's saying I was preparing a military expedition
against Frederick's Fort etc., nor did anything like it ever enter
into my thoughts. It is also false in him to say no private
persons have hitherto set up any claim to those lands, because
there have been a great many claims made and are made daily,
and the people that claim think they have a just right (tho'
not by any grant of this Province) and one of the men whom
Collo. Dunbar's people riotted and assaulted has a claim there
descended down to him for 105 years etc. v. llth Jan. [encl. i].
Continues : Every man's property is his life, and I can't answer
for people's giving away what they think their own, but for the
right of this Government to those lands according to the Royal
14 COLONIAL PAPERS.
1731. [16]
Charter. Had Collo. Dunbar wisely manag'd about them I
think I should have had influence enough with this Assembly
to have made a cession of their right to the Crown, and it was
always my opinion that it would be greatly to the advantage
of this Province, that the Crown should settle those lands. Yet
etc., I know not how to answer those that say, the Crown has
always supposed those lands to be a part of this Province, or
why have the Governours of the Massachusetts been ordered
from time to time to insist with the Assemblies to rebuild the
fort at Pemaquid, they say, why have not the Governours of
New Hampshire and Nova Scotia had those Instructions, and
again the King has directed the choice of a Councellour in the
Royal Charter to be chosen, on account of those lands, and who
of course becomes one of the legislators of H.M. Province of the
Massachusetts Bay, and without such a Councellour the present
Constitution cannot subsist. My Lord Duke, I should be glad
I say to be instructed how to answer these things. But that
Gentleman has made himself so obnoxious to this countrey in
general, that I can attempt nothing with hopes of success,
where he has any concern. I humbly beg of your Grace, that
at no time any complaint may take effect to my prejudice till
I have time to make answer thereto for as it is the undoubted
right of the meanest Englishman to be heard upon any accusa-
tion, much more must it be the right of the King's Govr. whom
H.M. in his royal Instructions is pleas'd to call the representative
of his own person here. And I think Collo. Dunbar ought to
observe a decency to a Gentleman who has the honour to bear
so great a Commission from the King, yet I shall in my next
show to your Grace how rude he has been on this head. I
believe a short time will discover how little prudence he has,
and consequently of how little service he can be to the Crown,
in bringing forward the designed settlements. I hope always
My Lord Duke, to maintain the character of an honest man,
and I must assure your Grace it has been impossible for me to
do more from my arrival to this day, than I have in support of
H.M. honour and dignity, and for the interest of his British
Dominions, as well as for the Provinces under my care etc.
Signed, J. Belcher. Endorsed, R. 19th March. 5 pp. [C.O.
5, 898. No. 79.]
Jan. 16. 17. Governor Worsley to the Council of Plantations.
Barbados. Encloses following : Is not able to send the Treasurer's account
of the 2s. Qd. levy of 1730, he not having made up his account
which does not end till the 19th instant. Continues : Your
Lordships will observe in my Speech to the Council and Assembly
I gave them a hint of finding some expedient at this present
juncture in relation to the payment of the arrears due to H.M.
upon the 2s. Qd. levy, what I have mentioned to some particular
Gentlemen is that they would pass a bill in the preamble of
AMERICA AND WEST INDIES.
15
1731. [17]
Jan. 16.
Barbados.
Jan. 16.
Barbados.
which they might make their submission to H.M. on account
of their past faults, and to oblige those persons to pay their
levy for the two last years who have not done it, and to have
prayed H.M. to remit the fines and forfeitures that have been
incurred. Tho I could not nor did not propose to pass such a
bill yet I could have transmitted it home for H.M. most gracious
commands thereon, and if H.M. would have been pleased to
have remitted the fines and forfeitures and to have allowed me
to pass it, I believe it would have made the whole island easy
tho' most of the Assembly as I am told are convinced that what
they have done is erroneous yet dare not make use of this
expedient for fear of the people, who would then see they have
been deluded ; unless they were ordered so to do, however they
are so unaccountable in their conduct that I can be certain of
nothing tho ever so just and reasonable to be done. Signed,
Henry Worsley. Endorsed, Reed. 18th March, Read 20th May,
1731. 3 pp. Enclosed,
17. i. List of persons who did pay the 2s. 6d. levy for 1729,
By parishes. Total received, 1866/. Is. 8d. Signed,
George Plaxton, Treasr. Endorsed as preceding.
41 pp.
17. ii. List of persons who did not pay the 2s. 6d. levy for
1729. By parishes. Same endorsement. 44| pp.
[C.O. 28, 21. ff. 162-163i;., 165-185*;., 187-209*;.] ;
and (duplicates of enclosures i, ii), 28, 40. Nos. 11, 12.]
18. Governor Worsley to the Council of Trade and
Plantations. Duplicate of 2nd letter to Duke of Newcastle
following (p. 6), mutatis mutandis. Signed and endorsed as
preceding covering letter. 3 pp. Enclosed,
18. i. Journal of Assembly of Barbados, 15th Jan., 1730.
Same endorsement. Copy. 3 pp.
18. ii. Duplicate of encl. iii 2nd letter to D. of N. following.
18. iii. Deposition of William Sims, 15th Jan., 1731.
Corroborates preceding. Signed, Wm. Sims, Same
endorsement. Copy. If pp. [C.O. 28, 21. ff. 210-
214, 215U.-2161;., 217a.]
19. Governor Worsley to the Duke of Newcastle. As I
have allways endeavour'd to protect and countenance H.M.
Patent Officers and their Deputies in this Island, I am sorry I
should have any occasion of complaining to your Grace against
any one of them especially Messrs. Reynolds the Provost
Marshall whose Patent three years ago was struck at by the
complaints that were made to me against their Deputy by the
same party, that they are now endeavouring to serve, and had
. I not then conducted it, as I did, perhaps it would not have been
in the Patentees power now to have acted as they of late have
by putting in such Deputys, as I apprehend cannot be for H.M.
16 COLONIAL PAPERS.
1731. [19]
service, in that they have been supported, and recommended
to them by those, who have opposed the payment of H.M. tax
here, and have said, as I am informed, they would have officers
of their own. Refers to enclosures. Continues : I find Capt.
Kennedy has discover'd in England, what I have a long time
suspected here ; the persons they have deputed, are Mr. George
Gascoigne and upon his death, or absence or disability of acting
Mr. Thomas Granger, who is at present Deputy Clerk of the
General Assembly, and therefore a most improper person for
that office. Mr. Gascoigne did not pay H.M. tax the year before
the last, as your Grace will see by authentick copys of the
Treasurer's account, enclosed, and the last year he did not give
in number of his negroes etc. Their design is to get all the
Deputy's to the Patent Officers, and I am told are now endeav-
ouring to prevail with Mr. Whitworth to appoint a Deputy
Secretary in the room of Mr. Webster. Upon the perusal of the
above-mentioned letters, your Grace will observe the artifices
that are made use of to make me uneasy in my Government.
Mr. Ashley's mandamus not being come according to his
expectation, and as he gave out it would, has much disappointed
the party who opposed the payment of H.M. tax, and I can't
help mentioning to your Grace that several Gentlemen upon
that occasion have said, that if mandamus's come to those who
oppose the paying H.M. tax, what must we do then. With
this your Grace will receive a list of those persons names, who
ought to have paid the 2s. Qd. levy the year 1729 but did not,
as also the late Treasurer's account for the said levy for the
same year, in which are particularly mentioned the names of
those persons of every parish, who did pay etc. Continues :
Whether Mr. Ashley has paid since, I cannot tell, in that the
present Treasurer has not made up the last year's account, but
if he has it is probably to avoid paying the penalty, because
Mr. Cornor one of the then Assembly-men for St. Phillips parish
had returned him as a defaulter. H.M. Council here having
rejected the Assembly's bill appointing Messrs. Forster, and
Leheup their Agents, the Gentlemen of the Assembly and others
have agreed as I am informed to fix them their Agents, and by
voluntary contribution have raised the same sallary, as was
appointed by the said bill, and Mr. Peers their Speaker to
correspond with them and have left it to Mr. Leheup, that
whether he appears, or does not appear publicly, as one of their
Agents, as he shall judge it most for their interest, the Gentle-
men concerned will look on him, as one, and make their
acknowledgments accordingly to him. Concludes as preceding
first letter to Council of Trade. Signed, Henry Worsley. 7 pp.
Enclosed,
19. i. Messrs. Reynolds to Governor Worsley. Gerard
Street, Oct. 5. Acknowledge letters in favour of Mr.
William Kennedy. To oblige him, they promised to
AMERICA AND WEST INDIES. 17
1731. [19. i]
renew his deputations for another year, upon the same
security. But his recent letters proposing no security,
they have appointed George Gascoigne and Thomas
Granger to be their deputy, whom they recommend
to H. E.'s favour and countenance etc. Signed, Thos.
Reynolds, Cha. Reynolds. Copy. If large pp.
19. ii. Capt. Kennedy to [? W. Kennedy]. London, Oct.
23, 1730. Reynolds is a very artful man, and has no
doubt put his refusal to depute upon your not giving
him security, which is absolutely false, " for I offer'd
him unquestionable security here " etc. Continues :
The true secret of this affair is his friends in Barbadoes
had a mind to have another Provost Marshall in pure
spite to the Governor etc., and he was thoroughly
disposed to gratify them in anything that could
chagrin Mr. Worsley, they have been continuing this
for some time but he never durst venture to put this
in execution till now he finds an universal disposition
in the people against the Governor who he thinks may
be soon recalled and that he is safe in joyning with
the multitude " etc. Signed, D. Kennedy. Copy.
H PP- [C.O. 28, 45. ff. 165-170i;. ; and (duplicates
of encl. i and ii), 87-S8v.]
Jan. 16. 20. Governor Worsley to the Duke of Newcastle. Since
Barbados, the sealing of a letter to your Grace this morning, I have received
an authentick copy of the Minutes of Assembly of yesterday,
tho' I must observe there was but twelve of the twenty-two
members present. What is mentioned in their second motion,
is in relation to a late election for a vestry for St. Phillips parish,
betwixt Mr. Weeks one of H.M. Council here, and Mr. Ashley
etc. (v. encl. i). Continues : The law of elections for Assembly-
men, and Vestrymen obliges all the voters to take the oaths
appointed to be taken instead of the oaths of Allegiance and
Supremacy. Mr. Ashley and Mr. Culpeper brought one
Coupman a Roman Catholick to vote, Mr. Weekes insisted upon
his taking all the present State oaths, Mr. Ashley affirmed that
by the law of elections he was obliged to take the oaths appointed
to be taken instead of the oaths of Allegiance and Supremacy.
Mr. Weekes refused the said Coupman to vote, and Mr. Culpeper
another of the candidates of the same side with Mr. Ashley has
prefered a petition etc. (encl. i), which is to be heard in Council.
This law of election was made in Mr. Cox's presidentship, and
if the oaths, the voters are to take, do not extend to the
abjuration, and the test, the said oaths were appointed to let
in Roman Catholicks, and others to vote at the said elections.
The affidavit I have inclosed etc., will set this matter in its
true light etc. Signed, Henry Worsley. 3 pp. Enclosed,
Wt. 441 C.P, XXXVIII 2
18 COLONIAL PAPERS.
1731.
20. i. Petition of George Culpeper to Governor Worsley.
Petitioner stood as a candidate at the late election
of Vestrymen for St. Phillips' parish, at which the
Honble. Ralph Weeks took the poll as Sheriff. He
repeated the votes of several duly qualified freeholders,
whereby petitioner was not returned. Prays that the
case may be heard by the Governor and Council etc.
I p.
20. ii. Deposition of William Sims of St. Michael's parish.
16th Jan., 1731. Describes the incident of Henry
Copman refusing to take the Abjuration oath in order
to be allowed to vote, referred to in preceding. Signed,
Wm. Sims. Copy. If pp.
20. iii. Deposition of Samson Wood. 15th Jan., 1730 (1).
To same effect as preceding. Signed, Samn. Wood.
1 p. [C.O. 28, 45. ff. 171, 173-175t;., 177.]
Jan. 19. 21. Deposition of Thomas Pickenden, Commander of the
ship New Hampshire. Whilst he was at Falmouth, N. H.,
some of Col. Dunbar's men seized a sloop near Pemmaquid
(where Col. Dunbar was about making settlements), which
was about to load some staves, and threatened to shoot
the master if he made any opposition. The master proceeded
to Boston for justice. The Governor ordered the Justices of
York in the Province of Maine to take sucn measures as they
thought best etc. They ordered the Sheriff, Major Moulton,
to arrest Dunbar's lieutenant. On Oct. 8th last the said Sheriff
of York with some men under his command on board a sloop
bound for Pemmaquid put in by contrary winds to Casco Bay.
Deponent was assured there was not any intent or order to drive
off the people which Coll. Dunbar had settled there, and that
those people had given out they would be the death of Moulton
if he came to Pemaquid or their settlement. Signed, Thos.
Pickenden. Copy. If pp. [C.O. 5, 10. No. 40.]
Endorsed, Reed, (from Mr. Wilkes) 27th, Read 28th Jan.,
173?. 2 pp. [C.O. 5, 10. No. 40 ; and 5, 872. ff. 12, I2v.,
13v.]
Jan. 19. 22. Mr. Stanyan to Mr. Popple. The meeting of the
Council! Committee of Council!, to examine into the petitions of the
Sugar Islands and Northern Colonies etc., at which the Lords
Commissioners for Trade etc. have been desired to be present,
is put off from 21st to the 25th etc. Signed, Temple Stanyan.
Endorsed, Reed. 19th, Read 20th, Jan. 173?. 1 p. [C.O. 28,
21. ff. 148, 1490.]
Jan. 20. 23. Governor Belcher to Mr. Delafaye. This comes full
of respect and service to Mr. Delafaye and to ask pardon for
not saluting you from hence long before this, and for the freedom
AMERICA AND WEST INDIES. 19
1731. [23]
I take in doing it now. The publick affairs of both Governments
have ingrost me from my arrival etc. The people received him
with all the respect and honour they could possibly pay to the
King's Commission. Continues : The Governor and the people
differ at present in nothing, but as to the manner of the
Governour's support etc. Repeats gist of parts of Jan. llth and
lUh. Signed, J. Belcher. Endorsed, R. Mar. 19th. 2 pp.
[C.O. 5, 898. No. 80, ff. 361, 362.]
Jan. 22. 24. Capt. Waterhous to Mr. Popple. Encloses following
wincheteea, answers. Continues : The Fishery at Cano is manag'd after
Downs. a manner different from that practis'd in Newfoundland ; for,
instead of boat-fishing, it's wholly carry'd on by imbarkations.
call'd scooners, who are on the banks, sometimes a fortnight,
more or less as winds and weather present, so that it's impossible
the fish can prove so good as those brought in every day, which
is done by boat fishing ; but that can't be expected till the
place is settled with proper inhabitants, that can tarry there
winter and summer, which at present, is otherwise, the New
England people having most of the property : They come in the
spring, and about the beginning of September return to New
England again, leaving two or three hands in each property
till next spring to provide for the flake, which are in very good
order etc. The place is extensive and full of islands, which are
very commodious for the Fishery, but there are wanting fortifi-
cations to secure even those that are now on that employment,
in case of a rupture with the Indians, or, our neighbours, the
French, for not above four leagues cross the Gulph of Cano,
is a harbour and garrison call'd St. Peter's, where the French
are building a strong fort of 30 odd guns etc., and at Lewisburgh,
27 leagues distant, they have built a very strong fort of stone,
mounted with 200 pieces of cannon etc. Signed, Tho. Waterhous.
Endorsed, Reed. 25th Jan., Read 26th March, 1731. Addressed.
Sealed. 1 \ pp. Enclosed,
24. i. Plan of the town of Pemaquid.
94. ii. Plan of the town of Pemaquid with the land cleared.
24. iii. Heads of Enquiry relating to the Fishery and Trade
of Can?o. v. C.S.P. April 28, 1730 ; and 19th May,
1729. Copy. 3f pp.
24. iv. Scheme of Fishery at Canso for 1730. British fishing
ships ; sack ships, 13 = 1065 tons, 121 men ;
ships from America, 5, = 352 tons, 40 men. By-
boatmen : - - . The New Englandmen employed this
year about 130 scooners about 5 men in each. Quintals
of fish, made by the inhabitants, 50,000 ; carried to
foreign market, 31,692 ; train oil, very little ; price
of fish, 405. pr. quintal New England money. Inhabi-
tants, exclusive of garrison, 40 ; fishermen who stayed
all last winter, 50. Signed, Tho. Waterhous. 1 p.
20 COLONIAL PAPERS.
1731.
24. v. Answers to preceding by Capt. Waterhous. 22nd
Jan., 173f. (i, ii) The inhabitants are possess'd of
no stages, cook-rooms, or train-fats, their business
being wholly employed in curing fish, very little oil
is made at Can9o. (iii) No aliens or strangers do
resort to Nova Scotia, or islands adjacent thereto to
take bait, trade, or fish on any account whatsoever in
those parts, (iv) The fishermen are wholy supplyed
from Great Britain with the manufactures of the
Kingdom, either by British ships trading to Can9o
etc. or from New England. I cannot find that they
are supply 'd with anything from foreign countries,
except what the New-England-men bring for their
own subsistence, (v, vi) The wages for carrying on
the fishery at Can9o alters, some going by shares, and
others by the season, but mostly by what they catch,
so that the industrious man gets most : they are
commonly paid by bill ; or take up necessaries they
have an immediate occasion for ; but the charge of
fitting out and maintaining a scooner is uncertain, the
men having half they catch, and the owner, who finds
ware, tare, salt and provisions, has the other half,
(vii) The fishermen have no employment for their
people, but wholly to catch fish, the shoremen curing
them. The fishing scooners commonly carry five men
each ; the fish they afford at a settled price, viz. this
year at 40s. p. quintal New England money. I must
observe to you, that no topmast vessel does catch fish
in those parts, for its morally impossible any vessels
but scooners can do on this coast. There was not one
top-mast vessel there this year, (viii) By the latter end
of September all the fishermen go to New England in
their scooners (perhaps two or three men left to look after
their houses and flakes), to provide for the next season,
(ix, x) No houses of the inhabitants interfere with the
Fishery, but all contiguous to themselves, their flakes
as nigh the water-side as possible, and so run up in
the country as far as they have hands to manage
them ; the length uncertain ; just as the nature of
the ground will allow ; every man being allotted his
proportion of ground pr. Governor Philips. Their
flakes are in very good order and room enough, (xi)
The British ships that come from England for a sack
at Can9o are victuald from Britain, and some bring
provisions to sell to the fishermen, (xii) There is
no such thing as ships making their own cargoes of
fish, (xiii) Taverns or publick-houses in Can9o about
11, which are contiguous to the garrison for the benefit
of the soldiers, (xiv) As to their remaining as servants
AMERICA AND WEST INDIES. 21
1731. [24. v]
to the inhabitants, there is no such thing ; for the
Proprietors and scooners with their crews go home
about Sept. etc. v. Art. viii. (xv-xvii) No servants
are brought from England as is practis'd in Newfound-
land. As for thefts and disorders there are very few,
at least when I was there, considering 130 scooners,
whose crews make up 650 men. Some debauch'd
people must be expected among such a number. The
people left behind last year were about 50 exclusive
of garrison, and about the same this year, (xviii) The
New England men do steal away some of the seamen,
but when detected severely suffer for it ; but they
are now more cautious, because I made an order, and
declar'd I would make reprisals, which I did on one of
them, when one of our men deserted, (xix) I can
answer for this year, what fish has been ship'd will
turn out well (if they have not a bad passage), con-
sidering the bad season, not having a fish day above
once in three weeks, that is, a day for hardning the
fish for shipping. As for their taking care in well
curing the fish, there is no industry wanting when
opportunities offer ; for their whole dependance is
upon their goodness ; and it's my opinion the masters
are more in fault than the shore-men to take fish, when
they know they are not thoroughly cured, (but I have
endeavour'd to put things to rights this year) which,
in some measure, may have been the occasion of
former complaints from the merchants. I have made
an enquiry of the manner of curing the fish, which is
as follows, vizt., they allow 10 hogsheads of salt to
100 quintals of fish, which I think very sufficient ; for
if they allow more in the hot season they would be
salt-burn'd, which is a great loss : and as to fish caught
in the spring, they cannot be much prejudic'd, except
in colour, which can't be so bright as the Newfound-
land fish that are caught in boats ; for the scooners
are commonly out a fortnight or ten days, according
as winds and weather present : but in hot weather they
run hazard ; for then some fish will be salt-burn'd
when they are brought on shore ; and there is no help
for it, tho' it is the occasion of some turning out
refuge fish, which is a great loss to them. The whole
fishery is carry'd on by the New England people in
embarkations, call'd scooners, which are the only
vessels to fish on this coast, and indeed it's the only
way at present they not employing any boats, tho'
its an excellent place for boat-fishing ; but that can't
be expected till settlements are fix'd by people that
can remain there summer and winter, which, for want
22 COLONIAL PAPERS.
1731. [24. v]
of proper fortifications, is at present neglected, their
properties not being secured to them, (especially on
the main) in case of the Indians breaking with us,
which at present we are under no apprehensions of,
tho' they are a sullen and treacherous people and it's
possible, on their breaking, they may destroy the whole
Fishery. The garrison being pin'd up to defend them-
selves, the Indians may come with numbers of canoes
to the back of the Fishery, and do the mischief, not-
withstanding the garrison, by reason the garrison
must have boats to transport them from one island to
the other ; and their way of attacking is commonly
in the night, they knowing every inch of the land.
(xx) As to the number of French ships at Cape Breton,
and on that coast, there are, this year, 50 sail ; some
years they have 70 sail. I can't find any Irish Papists
settled among the French, at least I have not heard
of any, they never appearing nigh our port, and
whenever I meet any of their boats, nigh Can9o, they
presently go off. (xxi) I can't find any of the officers
of the garrison at CanO concern'd, in the least, either
of themselves or others, in the Fishery, but the whole
carried on by the Proprietors, who have houses and
rooms, which they leave with two or three persons to
take care of in the winter, neither do they hire out the
soldiers to fish. Signed, Tho. Waterhouse. Endorsed
as covering letter. 3f pp. [C.O. 217, 6. ff. 19, 19t>.,
20t;., 23-24r., 25u.-27v., 280.]
Jan. 23. 25. Governor Hunter to the Duke of Newcastle. Venture
Jamaica, this by a Bristol ship which is to sail tomorrow morning and
it serves only to acquaint your Grace of the safe arrival of the
Enterprize Capt. Smith on the 18th of this month by whom I
had the honour of two of your Grace's letters of the 9th of Nov.,
1730. On the 26th of last month the Adventure Lord Muskery
Capt. sailed from Port Royal bound for Havana where he is to
take on board that part of the treasure of the Genoesa which the
Spanish Capt. en second De la Hay now in prison at Havana had
carried off with him (in a sloop belonging to this island which
was sent him to save the crew) and then to proceed for Cadiz ;
but of this Rear Admiral Stewart by who's orders his Lordship
acts will give your Grace a more particular account. Encloses
account of the treasure (No. i) etc., " which I had this morning
from Mr. Stewart." Continues : On the first advice I reced.
of H.M. orders to send two regiments forthwith from Gibraltar
for the defence of this his Island, which indeed wanted it much,
I by proclamation call'd the General Assembly to meet on the
21st of this month, being prorogued to a longer time. They
met, but not in a number to proceed to business, desired leave
AMERICA AND WEST INDIES. 23
1731. [25]
to adjourn to Monday the 26th instant, which was granted them ;
I wish and am not without hopes that they may make suitable
returns for H.M. care of their safety at a time when it is apparent
that they are in no condition to take care of themselves. All
who have anything here to care for and no views of bettering
their fortunes by changes re Joyce with hearts full of gratitude
for this timely succour and protection when they least expected
it. Mr. Stewart sends the Tartar to cruize to the windward
with my orders to the Officer commanding the troops on board
the transports which will be in conformity with the advice of
Council (end. ii). I hope they bring tents with them ; I have
however sent orders to Port Antonio, to make preparation for
their reception by repairing the old and building new hutts and
barracks. A small party sent out from the leeward brought
in a negro woman prisoner who has informed as in the paper.
(No. iii). There can remain no doubt of their correspondence
with and encouragement from the Spaniards. And I am affraid
they have the same with and from some within. The paper
mark'd (No. iv) is the copy of a letter from Lehy at Dublin
brought to my hands by our Attorney General, having by
mistake been delivered to the Executor of Mr. Murray deceas'd
by reason of the resemblance of the names Morrogh and Murray.
The original I shall send by Capt. Smith, that your Grace, if
yo(w) think fitt, may be better inabled to inquire after and find
out the writer. Last Monday one Tuder who has the command
of the party now fitting out against the slaves in rebellion on
the North East of this island, and the fittest man for that
command, having behaved himself well on that service when
others fail'd, was arrested at Kingston where his party were
rendezvous'd for a petty debt contrary to law being a freeholder,
and kill'd in the Marshall's house by a shott behind him, two
of his party kill'd and some wounded at the door by the
Marshall's men, who are all here now in goal, the Coroner's
inquest having found the fact willfull murder. Of this I shall
be more particular by Capt. Smith. No. v is a copy of the last
letter I reced. from the General of the gallions etc. I have
desired Mr. Stewart to keep the Enterprize here a few days that
I may be able by her to inform your Grace what measures
the Assembly shall enter or resolve upon for the accommodating
and providing for the two regiments etc. Signed, Ro. Hunter.
Endorsed, R. April 7. 4 pp. Enclosed,
25. i. Account of the treasure taken up from the Genoesa
etc. Total, 256,992 dollars. To defray charges,
21,404*2. ; ship'd on board H.M.S. Adventure including
the freight, 235,588d. 1 p.
25. ii. Minute of Council of Jamaica, 21st Jan. 1730(1).
Resolved that the Admiral be desired to send a fregate
to cruize to windward to look out for the transports
etc. ; and that 3 companies be detached and landed
COLONIAL PAPERS.
1731. [25. ii]
at Port Antonio with their tents etc., and provisions
to last two months etc. Copy. \ p.
25. iii. Extract of Col. Campbell's letter of the examination
of some rebellious negros lately taken. The wife of
the chief Obra man promises to shew the town and
great cave where they send their women and children
to, when any party comes upon them etc. The wench
from Mr. Rippons who was their guide tells that they
have as much gold and silver as two negroes can carry
etc. That the negroes at Port Antonio are very
numerous. That one of their Captains went to the
Spaniards, told of their number, and inclinations to
joyn with them, if they invaded the island, which is
agreeable to what information your Excy. and the
Council had from Capt. Quarry, and the few. The
negro woman is one of 30 that went from Mr.
Humphry Mumbie's and joined with the rebels etc.
1% pp.
25. iv. Francis Lehy to [? Mr. Morough], Dublin, July
30. O.S., 1730. Dear Uncle etc. Continues :
There's some talk among our chief Clergy here having
receiv'd orders from Rome, to send some Missionarys
to Jamaica and the circumjacent places ; I am con-
sulted upon it, and if it happens shall be sent head
of the Mission : before I would willingly engage in so
weighty an affair, I should be glad to hear your
opinion of the place and affair. Send me some small
account of your fortune, and misfortune, for you
know I was in Paris when you went off to Jamaica :
If I was perswaded this would come to your hands I
should write you after a very difficult manner dont
fail to let me hear from you by the first opportunity
to England : address to me at Mr. James Thomson
turner in Engine Alley near Meath in Dublin etc.
Signed, Francis Lehy. Copy. 1| pp.
25. v. General of the Spanish Galleons to Governor Hunter.
Cartagena Bay. 3rd Jan. (N.S.), 1731. Relating to
the cargo of the Genoesa etc. Prays him to continue
his favours by discovering the effects hidden by
those inhabitants of Jamaica who visited the wreck of
the Genoesa, Don Joseph de Herrera having informed
him that he left powers with Mr. Edward Pratter for
that purpose etc. Has information of another
valanda [?] which harvested the cargo of a sloop cast
away on the Little Caiman. As she went to Jamaica,
hopes H.E. will see that those effects are recovered.
Signed, Manuel Lopez Pintado. Spanish. Copy.
I p.
AMERICA AND WEST INDIES.
25
1731.
25. vi. Speech of Governor Hunter to the Council and
Assembly of Jamaica, v. Feb. llth end. i. Copy.
2i PP- [C.O. 137, 53. ff 299-301, 302, 303, 3Q3v.,
305, 305u., 307, 308-309 ; and (enclosures i-iii only)
137, 47. jf 88, 89, 90, 910.].
[Jan. 23]. 26. Translation of No. 25 v. supra. \%pp. [C.O. 137, 53.
ff. 310, 310u.] [180 old].
Jan. 23.
Jamaica.
27. Governor Hunter to Mr. Popple. On the 16th of this
month I received by the Hannibal their Lordships' letter of
Oct. 22nd. Tho' I gave my assent to an act repealing the
Protestant act, chiefly because of the objection against it at
that board ; yet I believe every friend to the King's Government
in this Island are sensible of the obligations they ly under to
their Lordships' for recommending the first to his Royal appro-
bation. Their danger from Irish Papist avow'd or conceal'd
having been greater than they apprehended so, much need not
be said to perswade their Lordships to get this repealer dis-
approv'd. They may perhaps amend it by a subsequent. The
very Faction itself would be ashamed on this side to say that
I had or possibly could have any views of putting my son's
names in patents for land at Port Antonio, but that of
encouraging others to become settlers, and if I could have don
't without discouraging such, I would have long ago removed
the negros I have there, which I leave a sacrifice to that view,
and have offered these or any other lands thereabouts in my
power or the King's grant to any person who will settle there
with the same number of negros, and these lotts are in partner-
ship with Col. Nedham the best settler of new ground here,
and he well knows the truth of what I say. I am surpris'd
at what their Lordships write about the old Seal, it was seal'd
up in Council, put into a box together with the Acts of Assembly
etc. and sent on board of the Plymouth, Capt. Bridge, 10th May
last by one of the Marshals, who brought a receipt for the
same, but I can not account for or guess at the cause of the
miscarriage. I hope before this time it may be found out.
This goes by a British ship which sails to-morrow morning, so
that I have not time to write as I ought to their Lordships,
but by Capt. Smith of the Enterprise which will sail in a few
days and is kept here on purpose their Lordships will hear from
me directly, in the mean time you may communicate what you
please of this. Signed, Ro. Hunter. Endorsed, Reed. 19th
April, Read 13th July, 1731. 2| pp. [C.O. 137, 19. ff. 52-
58e.].
Jan. 23. 28. Governor Belcher to the Duke of Newcastle. When
Boston. i was last in the Provinces of New Hampshire I did in obedience
to H.M. royal instruction order a survey of the onely fortifi-
26 COLONIAL PAPERS.
1731. [28]
cation there call'd the William and Mary fort etc. Report
enclosed wherein it is proposed to repair and add to the fort,
and to raise a battery of six guns in another place. Continues :
The Assembly also propos'd to me the building of a Court
House at Portsmouth the capital of the Province. H.M. Council
and the House of Representatives past a bill, for raising 6000/.
to defray the charge of these things, and at the same time to
postpone the payment of 150,000?. and 1730/. now out on a
loan ; to this bill I could not give my consent, because I suppos'd
it to interfere with H.M. 22nd and 23rd Instructions to me :
But I promis'd to send the bill to your Grace, and to humbly
crave in their behalf, that your Grace would procure and send
me H.M. royal leave to give my consent to the bill, which is
inclosed. I am with great submission to your Grace of opinion,
that the bill can be of no prejudice but will greatly advance
H.M. honour and interest and the safety and prosperity of his
good subjects there, etc. Finding H.M. Council at New
Hampshire very thin consisting one of eight persons etc., and
two of those gentlemen often out of health and unfitt to attend
their duty, I added to the Council Richard Waldron Esqr., a
gentleman every way qualify'd etc. He is now applying home
for H.M. royal mandamus etc. Signed, J. Belcher. Endorsed,
R. 19th [? March}. 2j pp. Enclosed,
28. i, ii. Governor Belcher's Instructions to Governor Lt.
Tailer and others, Oct. 29, 1730, and their report upon
Fort William and Mary 21st Dec., 1730. Signed,
Wm. Tailer and 50 others. 25 pp.
28. iii. Act of New Hampshire for emitting 6000/. in bills
of credit and postponing payment of money due on
25th April, 1731, for one year, paying 5 p.c. interest.
Passed the two Houses but not assented to by the
Governor. Dec. 3, 1730. Copy. 2| pp.
28. iv. Deposition of Joseph Heath, Commander of H.M.
Fort Richmond in Kennebeck River. Dec. 14, 1730.
Being directed by Lt. Governor Tailer to attend him
to survey the forts and garrisons in the Eastern parts
of the Massachusetts Bay, I embarked on board the
sloop Endeavour 5th Nov., 1730, and after sailing to
Fort George in Brunswick and to the blockhouse on
St. George's river, we anchored in the harbour of
Pemaquid before the ruins of the old Fort William,
where the King's flagg was flying. Soon after came
on board a letter from Col. Dunbar to Col. Tailer, to
which Col. Tailer and the other gentlemen on board
wrote and sent an answer by me, to whom Col. Dunbar
said, if Col. Tailer and the other gentlemen had known
what had passed between Governour Belcher and him
in Boston, they would not have come, etc. for he had
answered their letter already adding that he had been
AMERICA AND WEST INDIES.
27
1731. [28. iv]
Jan. 25.
Boston.
[Jan. 26].
Jan. 26.
Whitehall.
Jan. 27.
reflected on by them, and they endeavoured to sett the
Indians against him at Richmond, publickly. I told
him this was false for I had been present at every
publick interview with the said Indians and never
heard any such thing etc. Copy certified by Joseph
Marion, Notary Public. 3 pp. [C.O. 5, 898. Nos.
81, 81 i-iv ; and (end. i, ii, iv only) 5, 10. Nos. 190-
202.J
29. Governor Belcher to the Council of Trade and
Plantations. Repeats substance of letter to D. of Newcastle,
23rd Jan., to which he refers. Concludes with list of the 7
Councillors of N. Hampshire, adding, " Nor can I at present
persuade any gentlemen suitably qualify'd that will pay thirteen
guineys for their Mandamus's it being a certain charge, and no
promt. Signed, J. Belcher. Endorsed, Reed. 18th March, Read
9th June, 1731. 3| pp. Enclosed,
29. i. Duplicate of Jan. 23. No. iii.
29. ii. Survey and report upon Fort William and Mary
and stores therein. 18th Dec., 1730. Suggest repairs
and additions to walls and batteries. Signed, John
Frost, Theodore Atkinson. Endorsed, Reed. 18th
March, 173. If pp. [C.O. 5, 873. ff. 27-32i;.]
30. Merchants and planters trading to and interested in
Antigua to the Council of Trade and Plantations. The Act of
Antigua for amending the Chancery Act will be of great advant-
age to traders and a further security to the property of the
inhabitants. Pray to be heard, if there is any objection to the
bill etc. Signed, Hum. Morice and 14 others. Endorsed, Reed.
Read (from Mr. Coleman) 26th Jan., 173. 1 p. [C.O. 152,
19. ff. 23, 26v.]
31 . Mr. Popple to William Coleman, mercht. Reply to
preceding : The Lords Commissioners will be ready to hear
the merchants, if they have anything further to offer, " on
Thursday sennight at 11 a clock in the morning." [C.O. 153,
15. pp. 66, 67.]
32. Memorial of loss and damage (1966Z. 10s. lOd. sterl.)
sustained by Capt. William Walton of New York, merchant,
by the provisions carried to Florida in an English vessel be-
longing to him and there seized by the Spanish Governor in
1727 or 1728. Deposition, signed, Richard Jenneway, of
London, merchant. Endorsed, 18th Feb., 173T. 2 pp.
Enclosed,
32. i.-iii. Correspondence relating to above. English and
Spanish. Copies. 4 pp. [C.O. 388, 93. Nos. 7,
7 i-iii.]
28 COLONIAL PAPERS.
/_ >
1731.
Jan. 27. 33. Lt. Governor Pitt to Mr. Popple. Acknowledges letter
Bermuda. o f 7th March, and will observe Instruction relating to whale-
fishery. Encloses following to be laid before the Board. " Yr.
interest wth. their Lordships in my behalfe will be a great
meanes to obtaine it " etc. Signed, John Pitt. Endorsed,
Reed. 29th June, Read 1st Dec., 1731. Holograph, f p.
[C.O. 37, 12. ff. 78, 79u., and (abstract) 37, 24. pp. 33, 34.]
Jan. 27. 34. Same to the Council of Trade and Plantations. Has
Bermuda, communicated above Instruction to H.M. subjects. Continues :
As H.M. was pleas'd to order it in my Instructions, for a
hundred pounds a yeare, being parte of ye Governour's sallary,
which my predecessours allwayes injoy'd, I humbly request
yr. Lordships to interceed with his most sacred Majesty to
continue the hundred pounds a yeare, in lew of ye whale fishery,
in what manner H.M. gratiously will be pleased to appoint.
I shall not trouble yr. Lordships wth. a repetition of the negroes
poisoning ye whites ; haveing done myself ye honmor of writing
twice on yt. subject, by ye care and vigilence of the magistrates,
and by ye speedy tryall of them as the Act directs haveing
condemn'd one wooman to bee burnt and a man hang'd severall
transported to ye Spanish West Indies wee are now a little easy,
but am afraide not quite secure but doe assure yr. Lordships
nothing shall bee wanting in mee, towards extirpating them
intierly, and doeing everything else for ye honnour of his most
sacred Majesty and the good of ye people I have the honour to
governe. I am sorry to heare yt. of my letters never came to
your Lordships' hands, haveing taken care to acquaint yr.
Lordships with all that passes, but have now advice of two or
three vessells yt. are lost by whome I sent, there beeing heere
directly noe shipp from England, or to England, I hope yr.
Lordships will not impute any neglect in mee etc. Signed, and
endorsed as preceding. Holograph. If pp. [C.O. 37, 12. ff.
81, 82, 82i;. ; and (abstract, with notes) 37, 24 pp. 31, 32.]
Jan. 27. 35. Same to Same. Encloses following, " whereby your
Bermuda. Lordships may perceive that Timothy Tines and Cradock
Shelito, both natives of this place, haveing been taken by
Spanish pirates, or rovers, were carried into Porto Rico etc.
where by the clemency of the English Factor residing there,
the said two persons were imployed by one Don Joseph Traheau,
a native of France but a subject of Spain, in order to assist him
in navigating a small vessell which he purchased for the better
despatching of packetts then under his care for the Havana
where he was bound, who accordingly with the said two persons
embarked and sailing along the coast of Cuba the said two
persons took an opportunity to throw the said Traheau over-
board, and then run away with his vessell, one negroe man
servant that waited on him and all the goods on board which
AMERICA AND WEST INDIES.
21)
1731. [35]
they carried to a place called Turks Islands a moroon key near
the Bahama Islands, where meeting with a Bermuda vessell
they embarked for these islands leaveing behind the Frenchman's
vessell, and upon their arrivall here information being made to
me of their villany, I caus'd them to be aprehended, one was
try'd, condemn'd and executed, the other who was thought
least culpable turn'd the King's evidence etc. Refers to enclosure.
Continues : I have used my utmost endeavours to discover
what effects the said Don Joseph Traheau had on board, but
can find nothing considerable except the said negroe, those
fue that have been found are now in my possession, and shall
be sent to the proper owners thereof assoon as I can be advis'd
who they are. This is the first oppertunity I have had to
transmitt to your Lordships the duplicates of the severall copys
of acts of Assembly and other publick proceedings, which I
hope will meet with your Lordships approbation etc. I some
time since transmitted severall acts etc., together with an address
of the Councill and Assembly, therein praying relief from the
many hardships they have labour'd under by the insults of the
Spaniards, as allso that the independant Company since remov'd
from hence to New Providence may be return'd here for the
better safeguard of this Colony, all which I hope have long since
come to your Lordships' hands and mett with your favourable
recommendation to his Majesty. Signed and endorsed as
preceding. 1 p. Enclosed,
35. i. Proceedings of the Court of Admiralty, Bermuda,
at the trial of Timothy Tynes for piracy etc. 29th Sept.,
1730 v. preceding. Evdorsed, Reed. 29th June, Read
1st Dec., 1731. Copy. 7 pp. [C.O. 37, 12. ff. 83,
84v.-88, 89v. ; and (abstract) f. 84 and 37, 24. pp.
32, 33.]
36. Order of King in Council. Approving report of the
Council of Trade and Plantations on the petition of Lord Percival
and others for establishing a charitable Colony in South Carolina
etc., and ordering that Mr. Attorney and Sollicitor General do
prepare the draught of a Charter agreable to what is therein
proposed, inserting therein such clauses as they shall think
proper, to render H.M. intentions herein most effectuall etc.
(v. A.P.C, III. No. 223). Signed, Temple Stanyan. Endorsed,
Reed. 10th, Read llth Aug., 1731. 8 pp. [C.O. 5, 362. ff.
26-30, 3lv.]
Jan. 28. 37. Order of King in Council. Referring following to the
st. James's. Council of Trade and Plantations for their report. Signed,
Temple Stanyan. Endorsed, Reed. 27th Feb., Read 7th April,
1731. 1 p. Enclosed,
37. i. Petition of Anthony Rutgers of the city of New York
to the King in Council. Prays for a grant of 70 acres
Jan. 28.
St. James's.
30
COLONIAL PAPERS.
1731.
Jan. 29.
[37. i]
Jan. 29.
Councill
Office.
Jan. 29.
Austin
Friars.
Jan. 29.
Whitehall.
called the Swamp, etc. (v. A.P.C. III. No. 227). 4 pp.
[C.O. 5, 1055. ff. 170, 171-172i;., 17 Sv.]
38. Memorial of loss and damage (1800/. sterl.) sustained
by William Wanton, senior and junior, of Rhode Island, owners
of the Wanton, taken by a Spanish man of war in April, 1724,
near the Bay of Honduras. Affirmation, signed, Richd. Part-
ridge. Endorsed, 18th Feb., 173 { f. 2 pp. Enclosed,
690. i.-vi. Depositions, petition and correspondence relating
to foregoing. English and Spanish, (v. C.S.P. 4th
June, 1728). 15 pp. [C.O. 388, 93. Nos. 6, 6 i-vi.]
39. Mr. Sharpe to Mr. Popple. Reminds him of meeting
of Committee of Council on Thursday next at six o'clock etc.
as Jan. I9th, and encloses two new petitions relating to the
same affair, which are to be considered then etc. Signed, Will.
Sharpe. Endorsed, Reed. 29th Jan., Read 2nd Feb., 173f.
Enclosed,
39. i. Petition of Merchants of Dublin to the King. Pray
to be heard by their Councell against the petition of
Barbados (v. 23 Nov., 1730) " containing many
groundless or mistaken suggestions tending to their
great injury and prejudice," etc. Copy. 1 p.
39. ii. Petition of Mayor, Aldermen, merchants and owners
of ships of Liverpool, trading to and from Barbados
and the Plantations, to the King. Pray that goods
from foreign Sugar Plantations may be prohibited
from being imported into any of the Plantations etc.,
as 23rd Nov., encl. i and ii. 58 signatures. 2 pp.
[C.O. 28, 21. ff. 148, 148t;., 150, 151, 152, 152r>.,
I55v.]
40. Mr. Coleman to Mr. Popple. Reply to 26th. The
act has been so long depending before the Board, that the
memorialists were apprehensive their Lordships might have
some objection to it. As they don't apprehend by your letter,
that this is so, they will not trouble their Lordships, unless
they receive further commands etc. Signed, Wm. Coleman.
Endorsed, Reed., Read 29th Jan., 173?. $ p. [C.O. 152, 19.
ff. 28, 82o.]
41 . Mr. Popple to Wm. Coleman. I have laid your letter
of this day's date before my Lords Commissrs. etc., and am
commanded to acquaint you for the information of the gentle-
men who desire the Chancery Act of Antigua should be confirm'd,
that their Lordps. have frequently had the same under their
consideration, but do not apprehend they can be justified in
advising H.M. to confirm it, because they have several objections
to it, and tho' it be not usual in matters of so public a nature,
AMERICA AND WEST INDIES.
81
1731. [41]
Feb. 2.
Austin
Fryers.
Feb. 4.
Admty.
Office.
Feb. 9.
for their Lordships to declare either their opinion or their
reasons for their opinion, to any person whatever, before they
shall have laid the same before H.M. ; Yet their Lordps. have
been pleased to command me to acquaint you, that they appre-
hend the principal grievances complain'd of and intended to be
remedied by this act, may be effectually redress'd by H.M.
Instructions to His Govr. of the Leeward Islands ; and if
any inconvenience should arise from the execution of those
Instructions, they may from time to time be alter'd and amended
as the benefit of the subject may require ; but it would not be
so easy to redress any evil arising from the effects of an act once
become absolute by the Royal approbation. That there is a
very extraordinary clause contained in this act, whereby it is
attempted to exclude the jurisdiction of all the Courts of
Judicature in Great Britain, except that of H.M. in Council
upon appeals. If therefore the Memorialists have anything
to lay before their Lordships, or desire to be further heard upon
the subject matter of the said act, their Lordships will be ready
to hear them on Thursday next. [C.O. 153, 15. pp. 67-69.]
42. Mr. Coleman to Mr. Popple. Reply to 29th Jan. The
memorialists being unable to attend on Thursday next, pray
for a day next week to be appointed etc. Signed, Wm. Coleman.
Endorsed, Reed., Read 2nd Feb., 173?. p. [C.O. 152, 19.
ff. 28, 81i>.]
43. Mr. Burchett to Mr. Popple. H.M.S. Salisbury,
commanded by Capt. Clinton, and another ship of the sixth
rate, being design'd this year for Newfoundland, and Capt.
Waterhous in the Winchelsea, for Canseau, requests that Heads
of Enquiry may be timely prepared, etc. Signed, J. Burchett.
Endorsed, Reed. 5th Feb., Read 19th March, 173. Addressed,
I p. [C.O. 194,9. ff.7l, 76v.]
44. Council of Trade and Plantations to the King. Quote
from Governor Philipps' and Col. Dunbar's Instructions as to
laying out lands. Continue : But they having represented
to us, that, if they are obliged to follow the letter of these
Instructions, it would be a great discouragement to the settle-
ment of the Province, inasmuch as the finding out of proper
tracts of wood lands for the service of the Royal Navy would
require much time and consequently delay, if not disappoint,
the intention of such persons as may be at present disposed to
settle in Nova Scotia, more particularly great numbers of
Palatines and Irish Protestants, who are now willing and
desirous to become planters there ; we take leave humbly to
propose to your Majesty, in order to remove this obstacle, that
Colo. Dunbar may be impower'd, notwithstanding the said
Instructions, so soon as he shall have mark'd out any quantity
32
COLONIAL PAPERS.
1731. [44]
Feb. 10.
Whitehall.
Feb. 10.
N.
Providence.
of woodlands for the service of your Majesty's Royal Navy,
to set out an equal quantity of land not fit for that service
for such persons as shall be disposed to settle etc., always taking
care, that the lands, for the use of the Royal Navy, be first
mark'd out, and that those intended for private settlements
be on such lands only as are not fit for the service aforesaid ;
by which means the service of the Royal Navy will be
effectually provided for, and the settlement of this Province
may at the same time go forward etc. Propose to prepare
Instructions to them accordingly. [C.O. 218, 2. pp. 224-226.]
45. Council of Trade and Plantations to the Duke of
Newcastle. Mr. Wentworth, the late Lt. Governor of New
Hampshire, being now dead ; we presume your Grace will
have very few applications for that employment, which is
really of very little value, having no salary annexed to it, nor
any perquisites but such as arise from the good will of a very
poor Province, and therefore we take leave to recommend Col.
David Dun bar, the present Surveyor Genl. of ye Woods, to
succeed him, thro' your Grace's protection and favour. And
we do this purely out of regard to H.M. service, because we
apprehend this would encrease Mr. Dunbar's authority in
those parts and greatly contribute to ye preservation of H.M.
Woods. Autograph signatures. 1 p. [C.O. 5, 931. No. 19 ;
and 5, 916. p. 400.]
46. Lewis Bonnet to Mr. Delafaye. Warns him against
Mr. White, who has joined with Mr. Colebrooke to embarrass
the Governor for their own ends. Continues : Mr. Colebrooke
was chosen Speaker of the Assembly in which were several of
his creatures, so that by his artifice, and the ignorance of the
majority of the members, he carryed everything as he pleased,
and Mr. White being a great talker in the Council, most of
which were the old inhabitants and illeterate, they two consulted
their measures with the Assembly so as to be continually
pushing forward their own views, by which means they soon
began to lord it over the people in a very haughty and imperious
manner and to oppose the Governor in everything they could,
espetially in his designs of repairing the fortifications etc.
Mr. Colebrooke by his logick and sophistry, which the people
were very much unused to, prevented their coming to any
resolution about it, and Mr. White exerted himself to the same
purpose in the Council, which appearing very plain to the
Governor upon receiving a very extraordinary message from
the Assembly, he desired Mr. White and one Mr. Jenner another
tool of Mr. Colebrooke's to retire from the Council Board
into another room whilst he would acquaint the other
Gentlemen with something which he would not have them
enter into till it came to be debated in Council, they accordingly
AMERICA AND WEST INDIES. 33
1731. [46]
withdrew and the Governor in a very little time sent for them
to take their seats, to enter on business, but Mr. White was
gone and hastened to acquaint the Speaker, Mr. Colebrooke
with this affair, and Mr. Jenner denyed to go in, saying Mr.
White was gone and he would go to etc. ut supra. Continues :
Upon this Mr. Colebrooke took upon him to harangue the
Members of the Assembly in a very extraordinary and seditious
manner, told them they were threatened with arbitrary power,
and bid them joyn with him and he would make an humble
address to H.M. that he would please to send them an honest
Governor who would act by law, and recall his tyrannical
and arbitrary Governor home, and amused the people with
speeches to this effect, and prevented their proceeding to do any
business till he had quite tired their patience, and the Governor
found it necessary to disolve them to lett the poor people go
about their private affairs since it was evident their Speaker
would divert them from doing the publick any service. As
soon as the Assembly was disolved, Mr. Colebrooke seized
upon all the books and papers thereof, and would not deliver
them to the Clerk, and afterwards denyed them to the Governor
in Council, who required them in order to send fair transcripts
home etc. Then Mr. Colebrooke applied himself to make a
party in the following Assembly, now sitting, and joyn'd himself
with the most ignorent of them in order to have a majority of
voices, and became reconciled to a man of whom he always
spoke with the utmost contempt, and who always represented
Mr. Colebrooke as one of the vilest of men, and the most
obnoxious to any civil Government, yett by giving him and
others large credit (out of the effects of some gentlemen at
home who intrusted him) and promises of more, he has got
them over to his side, and now he goes on very strenuously in
his old strain of opposing the fortifications being repaired, and
said publickly in the house at the first meeting of the present
Sessions that he always detested and abhorred the garrison etc.
Continues : The great opinion I have of the Governor's honour,
and his constant endeavours to promote the welfare of this
Colony, and the very bad usage he has received from these two
persons who were both so much obliged to him, and Mr. W T hite
being returning home on purpose to do him all the prejudice
he can, extorted this epistle from me etc. Signed, Lews.
Bonnet. Endorsed, R. April 24. 2| large pp. [C.O. 23, 14.
ff. 1 83-1840.]
Feb. 10. 47. Governor Rogers to the Council of Trade and
New Plantations. On the llth Oct. last I had the honour to write
Providence, your Lordships directly hence by Capt. Bankes, and sent a
duplicate of the same via Carolina. I have herewith by a direct
opportunity forwarded duplicates of the Acts of Assembly,
some of which I since have found are in some measure diffident
Wt. 441 C.P. XXXVIII 3
34 COLONIAL PAPERS.
1731. [47]
through the ignorance of great part of our Assembly and artifice
of one person whom I had some confidence in or my first arrival
when the ill condition I found this Colony in did not allow me
time to weigh and deliberate on them with that circumspection
I intend for the future. During the sessions of the late Assembly
I endeavoured pursuant to H.M. Instructions to recommend
the state and condition of the fortifications, which much wanted
all the assistance possible for their repair etc. (v. llth Oct. 1730).
I did not find the major part of the Assembly averse at first,
but since they have been diverted from their good intentions
by the insinuations of one Mr. Colebrooke, their Speaker, who
imposed so long on their ignorance, that I was obliged to disolve
them, lest his behaviour might influence them to fall into
schemes yet more contrary to the good of the colony and their
own safety. Another Assembly is lately elected and still find
the effects of the above Mr. Colebrooke's influence on the most
ignorant of them, who are the majority, and whom he has
possess'd with notions of their being subject to the garrison,
which he publickly declared in the House he always detested
and abhorred, stiling it an arbitrary power and what the [y]
ought to oppose, though I never heard any complaints against
the garrison since my arrival. And he also attempts to take
from the Officers, and such of the soldiers of H.M. Garrison as
are equally freeholders with the inhabitants the liberty of voting
in common with their fellow subjects, so that I perceive I am
to expect but little publick service from the resolves of the
present Assembly ; being mostly influenced by him to oppose
any support towards the work of the fortifications, in which
designs I found he was assisted by one Mr. White who was of
H.M. Council here, and an old acquaintance of Mr. Colebrooke's,
and acted in concert with him in his designs to the great prejudice
of this Government, in which I was enough confirmed by
messages from his accomplices in the Assembly opposing the
country's assistance towards the fortifications, for which reasons,
at a meeting, being willing to acquaint the rest of the Council
therewith, I, in the most friendly manner, desired him and one
Mr. Jenner (who followed the same measure and was a dependant
on Mr. Colebrooke) to retire into another room whilst I advised
with the other Gentlemen of the Council, telling them it was on
something I did not judge proper then to mention before them,
till I had discoursed the rest present who were for going on with
fortifications. This affair happening on our receiving an
extraordinary message from the Assembly relating thereto and
and after having conversed with five of the Board present
wch. did not take up a quarter of an hour's time, I sent to
desire Mr. White to joyn and make a board as usual, but found
he was gone to consult his friend the Speaker of the Assembly,
and upon his being duly summonded the next morning he
refused to attend, which he signified by a letter to that purpose,
AMERICA AND WEST INDIES. 35
1731. [47]
whereupon having first taken the advice of the Council present
and believing it more for the quiet of the Colony that I should
suspend him without entring the reasons at that Board, which
on extraordinary occasions as I humbly presume this was, I
made use of H.M. permission according to my Instructions
till H.M. pleasure be further known, and suspended him from
acting as one of the Council till that time, leaving Mr. Jenner
to declare his intentions which he often has since and refused
to attend the Council, abiding by what he had wrote in concert
with Mr. White. I am not in a state of health nor have I time
by this conveyance to trouble your Lordships further on this
affair but shall by next conveyance which I depend will happen
very soon after this and hope to do it from Carolina. I have
published H.M. order of 25th Sept. etc., since when we have
lost two sloops from this port, one of which we hear is carried
into the Havana. I daily expect the masters will be here to
make regular complaints thereof as prescribed by H.M. said
orders. Two sixty gun ships with warlike stores are lately
arrived at the Havana and as I am informed by a vessel lately
arrived thence they have encreased the number of regular forces
in that city and garrison and that my Lord Muskerry in H.M.S.
Adventure lay there ready to sail in her passage from Jamaica
to Cadiz, with the money aboard her which was saved out of the
rich Spanish wreck some time since lost near Jamaica. The
present ill state of my health which has been lately much
impaired obliges me to have recourse to H.M. permission of
going to South Carolina for change of air, from whence I hope
to return in three weeks or a month, and that one or two of H.M.
ships will accompany me thence in order to make a demand of
our vessels (taken by the Spaniards) pursuant to H.M. orders.
Mr. White etc. was some time Chief Justice in this Colony
appointed by me, in which he acted with partiality and I have
displaced him from that office. He comes home by this
opportunity and as he has misconstrued almost everything I
have endeavoured to doe for the publick service, I have reason
to believe he may also misrepresent my actions in some sort of
complaints from himself or others by his and Mr. Colebrooke's
instigations, which I cant here yet be apprised of ; and I entreat
your Lordships goodness that I may be allowed time to answer
to anything of that kind before it has made any impressions to
my disadvantage, having done everything here to the best of
my judgement for the service of the publick, and if I should
have inadvertently been guilty of any mistake, it has not been
thro' want of zeal for H.M. service and the welfare of this
Colony, in which I shall always act with that integrity that
becomes a man of honour deserving your Lordships patronage
and protection. Acknowledges Additional Instruction of 2nd
Feb., 1730, in regard to the Receiver of the Sixpenny Office
money etc. Signed, Woodes Rogers. Endorsed, Reed. 21st
36
COLONIAL PAPERS.
1731. [47]
April, Read 4th June, 1731.
23, 2. ff. 247, 247u., 248r.]
2 large closely written pp.
Feb. 11. 48. H.M. warrant re-appointing Thomas Lowndes to be
Westminster. Provost Marshall and Clerk of the Peace and Crown in South
Carolina, " for and during his own life and the life of Hugh
Watson " (v. 27th Sept., 1725) on his surrender of his patent
from the late Lords Proprietors. Countersigned, Cocks. Copy.
[C.O. 324, 49. ff. 81-84.]
Feb. 11.
Whitehall.
49. Mr. Popple to Col. Dunbar. Acknowledges letters of
2nd and 25th May, 5th and 16th June, 19th Aug., 15th and 21st
Sept. and 21st Oct. Continues : My Lords Commissioners
would sooner have given me their directions in answer, but
that the great dispute, relating to the claim of the Massachusets
Bay and of several private Proprietors to lands in that part of
Nova Scotia where you are, is not yet determin'd ; But as the
Sollicitor of the Treasury has with the approbation of My Lords
Commissioners for Trade and Plantations laid before the
Attorney and Sollicitor General a full state of this matter for
their opinion in point of law, who are now hearing Council on
both sides thereon, it will shortly receive a decision. In the
mean time you are at liberty to lay out lands as directed by your
Instructions between the rivers Penobscot and St. Croix and
their Lordships wish you success in such settlements as you
shall make there : But until the King's title to the lands between
Kennebeck and Penobscot shall be finally determined, you are
not at liberty to make any settlements there. But as to those
which you have already made in the neighbourhood of Pemaquid,
you will perceive by the duplicate of an Order to the Governor
of New England which was sent you some time ago, that H.M.
has been pleased to direct that they shall not be disturb'd till
his further pleasure shall be known. And if the right shall
appear upon enquiry, to be in H.M., we apprehend the people
you have settled there will never be disturb'd. All settlements
to be made at or near Annapolis Royal and Can9o or in any
other part to the N.E. of Santa Croix are left entirely to the
direction and care of Colo. Phillips and therefore you will have
nothing more to do there but lay out the lands pursuant to Colo.
Phillipps' directions, but this may be done by your Deputies
that you may have the more leisure to comply with the other
parts of your duty elsewhere etc. Although you are directed
by your Instructions to lay out another hundred thousand acres
of land between the Rivers Penobscot and St. Croix, yet you
are not confin'd to any particular place but may mark them out
according to the best of your judgement even in the different
parcels if necessary, always taking care not to incroach upon
private property, and my Lords do not doubt your integrity in
the execution of this trust, And whereas their Lordships have
AMERICA AND WEST INDIES. 37
1731. [49]
observed by the copies of the letters between Col. Phillipps and
you which you transmitted to the Board relating to this part
of the execution of your trust, that great difficultys did occur
to Col. Phillipps in the peopling of Nova Scotia, in case such
persons as were desirous to take up lands there should be oblig'd
to wait till the whole three hundred thousand acres proposed to
be reserved for the service of the Royal Navy should have been
mark'd out and set apart by you for that use, their Lordships
have represented this matter to H.M. and expect shortly to
receive his directions thereon. " My Lords taking notice of the
discouragement which you apprehend it may be to the settling
of lands to the Eastward, that the title to those lands tho' layed
out by you may hereafter be lyable to dispute have commanded
me to direct you, that Col. Philipps is directed by his Instruc-
tions to affix the Great Seal of the Province of Nova
Scotia to all such allotments of land as you shall set out to the
westward of St. Croix, whereby the titles to such lands will
become indisputable, and when any number of allotments
shall be ready for the Great Seal they may be sent all together
to Col. Philipps for his confirmation. My Lords Commissioners
have commanded me to send you a copy of the petition which
Mr. Waldo has presented to the King in relation to such claims
as are set up against H.M. title to the land between the Rivers
Kennebeck and Penobscot that you may transmit to them what
informations you can upon that subject, tho the validity of
these claims may possibly be determined before this letter can
reach you. Their Lordships presume you have sent duplicates
to the Admiralty of those letters to me wherein you complain
of the difficulties you lye under of obtaining right in the Courts
of Admiralty in New England on seizures and condemnations
in behalf of the Crown ; However I have received orders to
transmit copies of your letters to the Admiralty, and my Lords
will readily concur with the Lords of the Admiralty in anything
that shall be proposed for redressing that grievance. My Lords
do not make you any particular answer to what you say in
relation to the settling the bounds between the Massachusets
Bay and New Hampshire, because the Governor of those
Provinces having received very full Instructions from H.M.
has already laid them before the Assembly of New Hampshire,
and we hope they may have a very good effect. It is with
great concern that My Lords Commissioners have read that
part of your letters wherein you mention the ill usuage you
have met with in the execution of your employment, and they
are sorry to find that you have put yourself to any expence
beyond what the duty of your office required of you, because
of the difficulty which must attend the application for repay-
ment, in a case where no fund is appointed for that purpose :
But if the money which you have expended for the publick
service shall really appear to have produced some advantage,
38 COLONIAL PAPERS.
1731. [49]
My Lords are very willing to recommend the repayment thereof
to the Lords of the Treasury, and for the future it will be
prudent for you to be very cautious how you engage in any
expence beyond what you are directed to make. Upon this
occasion you particularly mention your expence in prosecutions
and your opinion that the Advocate and Attorney General
may be ordered to attend them to make their demands home,
and that the fines imposed might not only pay this charge but
afford some small salary or travelling charges for them. My
Lords take it for granted that it is the duty of all the King's
Officers to assist you in these prosecutions and would be willing
to propose the fines as a fund for this purpose had they not
upon your recommendation to the Lords of the Admiralty
prepared Instructions to the several Governors of the Colonies
which have since been approved of whereby the King's moiety
of all fines is given to the Informer. My Lords observe what
you have wrote concerning the construction which is put upon
those Acts of Parliament which impose fines upon offenders in
the woods in America, and for your information in this particular
I am commanded to send you a copy of Mr. Fane's opinion
whereby you will perceive that fines imposed by English Acts
of Parliament are deem'd to be and must be paid in sterling
mony. My Lords Commissioners are very sorry to find by your
letters that your health is so much impaired as to incline you
to think of resigning your employment, should you yet have the
same intention my Lords would very willingly at your request
propose your brother Mr. Jeremiah Dunbar for your successor ;
but as the nomination of this Officer is not in them you might
by this step run the risque of losing your employment and your
brother not succeed you : My Lords therefore hope your health
will return and that your dilligence and fidelity in the execution
of what you have now in charge may lay a foundation for
recommending you to a less painfull employment. My Lords
Commissioners having at your request transmitted to the
Lords of the Admiralty the proceedings of the Vice Admiralty
Court at Portsmouth in the Province of New Hampshire, upon
an information exhibited by Arthur Slade, one of your Deputies
against Jeremiah Foolsom, for cutting ten white pine trees
without H.M. licence first had and obtained ; I am commanded
to inclose to you a copy of Dr. Sayer's opinion thereupon
whereby you will perceive that the person who prepared the
information against Foolsom laid the foundation for the decree
as it is pass'd, by admitting the said trees to have been cut
within the township of Exeter which does not appear to have
been an offence within the Statute upon which the information
was grounded. You will therefore be more cautious for the
future in any prosecution upon the foot of this Act : But as
that pass'd in the second year of His present Majesty's reign
entitled an Act for better preservation of H.M. Woods in America
AMERICA AND WEST INDIES.
39
Feb. 11.
Jamaica.
1731. [49]
etc., is much more explicit, I am commanded to send you a copy
thereof for your better guidance in this particular. P.S. Since
the writing of this I have received and laid before my Lords
Commissioners your letter containing a narrative of your
proceedings from 17th Nov. 2nd Dec., which they will take
into consideration as soon as possible etc. [C.O. 218, 2. pp.
227-236.]
50. Governor Hunter to the Duke of Newcastle. Acknow-
ledges letter of 30th Nov. etc. Continues : The officers and
soldiers are in good health and condition. I wish they may
continue so. But neither tents or cloathing of Col. Hay's
regiment is as yet come, but as he says expected daily. Repeats
parts of preceding. Continues : A negro woman lately taken (v.
23rd Jan. end. iii) and who has been some years with the rebels
confirms the account we had of their correspondence with the
Spaniards of Cuba. Three of them lately being hotly pursued
and despairing of an escape cutt their own throats and that
of a negro woman they had carried off from a plantation.
Encloses duplicate of 23rd Jan., and the original of the letter
(23rd Jan., encl. iv) " from the Head of our Missionarys " etc.
" He perhaps may make some discovery that may be of use to
us here." Continues : I think I ought to ask pardon for the
trouble of the inclos'd question offer'd by the Head of their
polititians to the Assembly, but it may serve for a specimen
of their learning as well as good intentions etc. Encloses Address.
(enc. ii). Signed, Ro. Hunter. Endorsed, R. 16th April. 4f
pp. Enclosed,
50. i. Question offered by Mr. Arcedeckne. Whether such
of the Regiments as shall be inclin'd to enter into a
civil life or serve the planters may do it and that it
shall not be in the power of the Commanding Officer
to hinder them but that their cloaths and arms should
be preserved for and return'd to them whenever H.M.
pleased to recall them, or order them upon military
duty. Copy. | p.
50. ii. Address of the Council and Assembly of Jamaica to
the King. We etc. are highly sensible of your paternal
care, in so early providing for our security, by ordering
two regiments of soldiers to be sent over to assist us
etc. This instance of your tender concern for us, must
engage us to express our gratitude to your Majesty
on all occasions to the utmost of our power etc. Copy.
1| pp.
50. iii. Duplicate of encl. i. [C.O. 137, 53. ff. 312-314,
316, 317, 317*;., 319, 320.]
Feb. 11. 51. Governor Hunter to the Council of Trade and
Jamaica. Plantations. By this conveyance of the Enterprise, Capt.
40 COLONIAL PAPERS.
1731. [51]
Smith, Comr., I have the honour to acquaint your Lordships
that Capt. Dent arrived here on the 7th of this month with
four of the transports, the other two being arriv'd three days
before ; the officers are in good health etc. The Assembly now
sitting are come to some resolutions towards providing for them,
viz., that 20*. per week be paid to the commissioned officers and
5s. to private men after the provisions brought hither with them
are expended, for the Officers, from the day of their arrival here.
They have also resolv'd that Wl. pr. head be paid to officers and
soldiers for every rebel slave by them kill'd or taken alive and
are now preparing bills for the additional duty for one year
and a capitation of a shilling on slaves and three pence on cattle
for that expense besides the deficiency bill. I had before their
coming ordered all the houses that could be had at Port Royal
to be hired for their reception on their landing, but these upon
the view of their Quarter-Masters not being sufficient ; their
Officers thought it adviseable that they should continue on board
for a day or two till we could provide better, but hearing that
they began to sicken on board, I have ordered them to be landed
forthwith and what we cannot lodge at Port Royal to be sent
to Kingston that we may discharge the transport. The Tartar
was sent to cruize to windward with orders to the Officer com-
manding to detach six companys directly for Port Antonio
to save time and expense. They escaped him, I suppose in
the night and the cruizer is not yet return'd, but that number
shall be convey'd thither speedily, having on my first advice
ordered hutts and barracks to be built for them there, where
they are much wanted, the chief strength of the rebels being
near to that place. On the first of this month our Country
party fitted out for another attempt on these slaves set sail
from Port Royal for Port Antonio, under convoy, I have heard
nothing of them since, and expect little good from them, their
Commander of whom I had a very good opinion being arrested
contrary to law for a petty debt, and whilst in custody in the
Deputy Marshal's house barbarously murdered ; for which the
Marshal and his men are now in gaol in order for their trial next
Court. I am now very much busied in giving orders for the
repartition of the soldiers, it being judg'd by the Council, and
Assembly most for the service of the Island that they be
barrack'd in several different parishes. I hope (by Capt. Dent
who is to sail in a short time) I shall be able to transmitt to your
Lordships the acts of this session etc. P.S. Capt. Brook who
had the command of the late party etc. (v. 24th Dec.), has been
mulct of his pay. Signed, Ro. Hunter. Endorsed, Reed. 19th,
Read 21st April, 1731. 4 pp. Enclosed,
51. i. Speech of Governor Hunter to the Council and
Assembly. Announces despatch of two Regiments
from Gibraltar etc. As their established pay is far
from being sufficient for their subsistence in a country
AMERICA AND WEST INDIES. 41
1731. [51. i]
where provisions are so dear, H.M. makes no doubt
but that they will make provision for their subsistence
and lodging etc. Endorsed as preceding. Copy. 2f
pp. [C.O. 137, 19. ff. 16-17*;., 18v.-20v.]
Feb. 12. 52. Lt. Governor Gooch to the Council of Trade and
Virginia, Plantations. Refers to account of negro conspiracy (v. 14th
urgh ' Sept., 1730). Continues: Since which the negros, in the
county s of Norfolk and Princess Anne, had the boldness to
assemble on a Sunday while the people were at church, and to
chuse amongst themselves officers to command them in their
intended insurrection, which was to have been put in execution
very soon after : But this meeting being happily discovered
and many of them taken up and examined, the whole plot was
detected, for which the major part of them were severely
punished, and four of the ringleaders, on full evidence convicted,
have been executed. This, with the imprisonment and correc-
tion of some of the most suspected in the other parts
of the country, where the designs appeared not so far concerted,
have brought them now to be very quiet and submissive : But
as we cannot be too much on our guard against such desperate
combinations, I have ord'red the Militia to patrole twice or
thrice in a week to prevent all night meetings, and every man
to bring his arms to church on Sundays and Holydays, lest they
should be siezed by the slaves in their absence, if the same
mutinous spirit should be revived amongst them etc. By the
death of Colo. Page etc., there is a second vacancy at the Council
Board ; I hope the first is or will be speedily filled up by H.M.
appointment of Colo. Harrison whom I formerly recommended :
and I must heartily wish the second might be supplied by the
choice of Colo. Henry Armistead, a gentleman of a fair fortune
and character, and of the same county in which Colo. Page
lived ; and I am the more sollicitous for Mr. Armistead because
that county of Glocester is the most populous, and where there
are more negros than any other county in the Government, and
hath always had one sometimes more of the Council residing
in it, who had the direct command of the Militia, which in all
probability would not be very easie if put under the conduct
of another who had no estate or interest there. For these
reasons, as well as out of regard to the merit of Mr. Armistead
I humbly recommend him etc. But if Mr. Corbin's friends have
prevailed, and he is preferred to Colo. Harrison, or they still
insist on his being one of the Council, I must then intreat your
Lordships to interceed for Mr. Harrison in the place of Colo.
Page, postponing Mr. Armistead until another oppertunity ;
since the interest of the former in a frontier county, bordering
on the Indians, and where their impressions are generally directed,
may bring more advantage to the publick service, than the
inconveniency which may happen in the other county by Mr.
42
COLONIAL PAPERS.
1731. [52]
Armistead's present disapointment, if we must have Mr. Corbin.
I doubt not, my Lords, there are other persons here who on this
vacancy will endeavour (by some pretence or other, or by
forming of an interest among the merchants, perhaps a more
powerful application) to succeed Colo. Page. And I am appre-
hensive lest some posse[s]t with the ambition, whom I never
should have thought fit to insert in my list, do yet expect to
obtain it by an interest at home. But I beg your Lordships
will be pleased to allow some difference between a Governour's
personal knowledge and observation of the conduct and qualifi-
cation of men here on the spot, and the superficial knowledge
that can be attained by others, from an epistolary corres-
pondence ; or the judgment that can be framed of any person's
abilities in the Legislature of a country, and in dispensing of
Justice or the conducting affairs of Government, meerly from
the weight of his consignments. My Lords, the office of a judge
of the General Court, ought always to be considered in the choice
of a Councillor ; and it is the duty of a Governour to propose
none to be his assistants in the administration, but those whom
he knows zealous for H.M. service, and well disposed to promote
the publick good (especially now we are like to be under a new
law with respect to our trade, in which H.M. interest is so much
concerned) and admitting that he may sometimes be mistaken
in his men, it must be allowed strangers are more liable to be
imposed on ; and I cannot but lay it down as a principle founded
on reason and prudence, that in the choice of gentlemen for
publick offices, private affection ought not to be concerned,
unless there be sufficient ability and integrity in the person to
execute that trust, etc. Signed, William Gooch. Endorsed,
Reed., Read 14th May, 1731. Holograph. 2| pp. [C.O. 5,
1322. ff. 160-162, 163, I63v. (with abstract).]
Feb. 12. 53. Council of Trade and Plantations to Governor Belcher.
Whitehall. We take this oppertunity of a ship wch. sails this evening to
acknowledge ye receipt of your letter of 10th Dec. with ye bill
for settling yor. salary etc. We think you did very well not
to give your assent to ye said bill, as it does not agree with ye
tenor of H.M. Instruction, and we desire you will be very
cautious how you consent to anything that shall not be strictly
conformable thereto. As you say, you have a reasonable
prospect of their doing the matter still better, at ye Session
which was to commence 16th Dec., we shall waite yor. next
letters, before we make our report to H.M. upon this subject.
[C.O. 5, 916. p. 401.]
Feb. 14- 54. Extracts of letters from Col. Hayes, Col. Townsend,
March 20. and Col. Cornwallis, Port Royal, Jam. "[C.O. 137, 53. ff.
320-324^.]
AMERICA AND WEST INDIES.
43
1731.
Feb. 14.
New
Providence.
Feb. 19.
Whitehall.
55. Governor Rogers to the Duke of Newcastle. Duplicate
of same to Council of Trade, 10th Feb. supra, mutatis mutandis.
Signed, Woodes Rogers. 2 large pp. Endorsed, R. April 24th.
2 large pp. Enclosed,
55. i. Journal of Assembly of the Bahama Islands, Sept.
29, 1729 Dec. 8th, 1730. 55 pp.
55. ii. Deposition of Thomas Nusum, late master of the
sloop Carolina of New Providence. Feb. 14, 1731.
On 6th Oct., bound for Jamaica, he was taken off
Tortuga on the coast of Hispaniola, by a large sloop
under Spanish colours with 65 men, etc. He found
on board Capt. Samuel Wickham and eight more
Englishmen who said they had been taken by the said
Spanish crew in this sloop then called the Sea Nymph
bound from Jamaica to Rhode Island laden with
molasses. They were carried into Barracoa on Cuba
and there the sloop was condemned, refitted, and
renamed the St. Antonio. Deponent was told they
had taken and plundered the Scipio of Bristol. On
deponent's informing the Captain, Juan Fandino,
that there was peace betwen the English and Spaniards,
the interpreter made answer that the Captain had
notwithstanding three or four commissions and took
all vessels he met with. Deponent and his crew and
Capt. Wickham and five of his men were put ashore
on Grand Coicos on Oct. 9th whence they were taken
off on 9th Nov. by a Bermuda sloop, etc. Signed,
Thos. Nusum. 1| pp.
55. iii. Remarks on the condition of the fortifications at
New Providence, 25th Aug., 1729. Copy. 2| pp.
[C.O. 23, 14. ff. 148-175, 177, 177u., 178i;.-179t;.,
56. Mr. Popple to Mr. Fane. Encloses acts of Antigua,
constituting a Court of Chancery (1715), and an Act to supply
the defects of an act for constituting a Court of Chancery etc.
(1728). Continues : Their Lordships desire you will reconsider
these two acts, and let them have your opinion in point of law
whether his Majesty may not, by virtue of an Instruction to
his Govr. or otherways, prevent his granting or dissolving
injunctions in causes depending in Antigua, whilst he is resident
in any other island of his Government, notwithstanding the
clause in the aforementioned act of 1715 whereby it is enacted
" that all injunctions, subpoenas and other process issuing out
of the said Court, shall be granted, sign'd and sealed by the
Capt. Gen. or Govr. in Chief for the time being, as hath been
usual, and no otherwise." [C.O. 153, 15. pp. 69, 70.]
44
COLONIAL PAPERS.
1731.
Feb. 20. 57. Lt. General Mathew to the Duke of Newcastle. In
obedience to H.M. commands, which I received 25th Sept., I
immediately issued proclamations throughout this Government,
informing all H.M. subjects here, whose ships or effects had
been pyratically taken, where and in what manner they might
apply for redress. I have had no application made to me since
for such redress, but in one case of a shallop drove on shore in
distress on Guadeloup with three men in her, who lost their
ship in the night, where she was seiz'd tryed and condemnd.
The men here applyd to the Judge of the Admiralty, and on
their declaring the facts, he gave them a declaratory sentence.
With this Capt. Barnesley, H.M.S. Scarborough, went to
Guadeloup to demand restitution. But in vain, etc. Signed,
William Mathew. Endorsed, R. April 28th. Holograph. If pp.
[C.O. 152, 43. ff. 143, 144, 144u.]
Feb. 20.
St.
Christophers.
Feb. 20.
St.
Christophers.
Feb. 20.
Whitehall.
58. Lt. General Mathew to Mr. Popple. Encloses letter
to be laid before the Board and refers to enclosures. Has
forwarded the packet to Dr. John Edwards mentioned in his
letter of 29th Oct. etc. Signed, William Mathew. Endorsed,
Reed. 27th April, 1731, Read 25th July, 1733. Holograph.
1 p. [C.O. 152, 19. ff. 170, 173u.]
59. Same to the Council of Trade and Plantations. Encloses
duplicates of 19th and 24th Nov. last, and acknowledges letter
of 22nd Oct. Has entered in the Council books their deter-
mination in relation to the controversy between Wavell Smith
Esq. and the Assembly. Continues : As your Lordships
direct, I now send to your Secretary directly, duplicates of the
Naval Officer of Nevis's lists of all vessells trading to and from
Nevis, and their lading from 25th June, 1720-1729 ; duplicate
of Minutes of Council of Nevis, 5th Jan., 17$ 25th Aug., 1730 ;
Journal of Assembly of St. Christophers from the 31st Oct.,
1729 26th Nov., 1730; Minutes of the Council of St.
Christophers from 18th Sept., 1729 18th March, 17 U ; and
from 28th March 17th Septr. And I inclose herewith the
latitudes and longitudes of several of the islands in this Govern-
ment, wch. I got Capt. Barnesly, Commander of H.M. ship
Scarborough stationd. here to get me taken from the observations
of himself and officers. Signed and endorsed as preceding.
Holograph. 2 pp. [C.O. 152, 19. ff. 171, 172, 172u.]
60. Mr. Arnold to Mr. Delafaye. Encloses following to
be laid before the Duke of Newcastle. Mr. Noden says that
the original has been lost and that no directions will be sent
from his Grace's Office for recalling the Bermuda Compa. from
the Bahama Islands etc. Signed, Rd. Arnold. 1 p. Enclosed,
60. i. Sir W. Strickland to Lord Harrington. Whitehall.
5th Dec., 1729. Great numbers of merchants trading
AMERICA AND WEST INDIES. 45
1731. [60. i]
to and from Bermuda, having in their petition to the
King represented that since the Independant Company
of Foot etc. was removed from thence in Feb. last to
the Bahama Islands, the negroes who are more
numerous than the white people have destroyed many
of H.M. subjects by poison and many more are
lingering under that misfortune whose lives are
despaired and altho' some of the actors of that horrid
villany have been discovered, convicted and publickly
executed in a severe manner for the same, they
continue to meet in numbers in a most mutinous
manner, which the said merchants conceive to be with
an intent utterly to exterpate the inhabitants in that
Colony, which will undoubtedly prove of the most
fatal and dangerous consequences to the whole trade
of the King's Dominions in America, the said merchants
have thereupon most humbly besought H.M. to recall
the said Company to Bermuda and H.M. has been
graciously pleased to grant their request etc., and
therefore hath commanded me to acquaint your
Lordship therewith to the end your Lordship may
signify H.M. pleasure to Governor Rogers etc. to send
back the said Company by the first opportunity etc.
or by the man of warr on that station etc. Signed,
Wm. Strickland. Copy. Ij pp. [C.O. 37, 26. Nos.
41, 41 i.]
Feb. 22. 61 . Governor Montgomerie to the Duke of Newcastle.
New York. Has appointed Edward Clarke, son of the Secretary of the
Province, a man of great merit, Lieutenant of Capt. Henry
Holland's Company. Continues : The giving some com-
missions in the companies doing duty here, to gentlemen of this
country, will very much promote the King's service etc. Requests
. confirmation. Signed, J. Montgomerie. If pp. [C.O. 5, 1093.
ff. 160,
Feb. 22. 62. Mr. Leheup to the Council of Trade and Plantations.
H.M. Lt. Governour in Virginia having directed me as Agent
for that Province to apply for H.M. royal confirmation of the
act for amending the staple of tobacco etc., offers answers to the
objections of the Commissioners of Customs etc. (v. 29th Dec.,
1730). They were framed upon hearing one side only without
the Agent's being made acquainted with them till a copy of the
letter was sent to him signed, though he had applyed and
attended for that purpose etc. Repeats Lt. Governor Gooch's
arguments v. 23rd July, 1730. Replies he could not have any
other view in recommending this act than remedying the great
frauds in the tobacco trade etc. (i) As the Gentlemen of the
Assembly are planters, they are the best judges of the benefits
COLONIAL PAPERS.
1731. [62]
Feb. 24.
Whitehall.
Feb. 24.
Whitehall.
Feb. 26.
Feb. 27.
Whitehall.
that will accrue to their trade from this law. The 3s. Virginia
money to be paid for inspecting and nailing the hhds. etc. is
a very small additional expence. Planters already pay 25.
or more for nailing and weighting. It was so far from being
intended to discourage the lower planters that the only act
that might affect them was repealed at the time of making
this, that of limiting the number of plants to be raised by each
tythable. (ii) Mr. Carkesse omits mentioning that the Crown
pays %d. pr. Ib. for all the bad tobacco burnt here. The Crown
will be saved this and the planter the freight etc. The bad sort
is so far from being most in request here, that the buyers here
will not give more than the duty for it, the consequence of which
is that the importer is obliged to send it abroad and then the
whole duty is drawn back and lost to the revenue, (iii) The
master is obliged by the Act of Parliament to swear to the
marks and number of hhds. on board, but they never swear
to the weight, which is most material to the revenue etc. The
Lt. Governor thought he had done eminent service to the
revenue in passing this act. It is continued only for three years,
in which time the advantage from it will manifestly appear.
Prays the Board to recommend it for confirmation etc. Signed,
Peter Leheup. Endorsed, Reed. 22nd, Read 23rd Feb., 173f.
4| pp. [C.O. 5, 1322. ff. 95-97, 98u.]
63. Mr. Popple to John Oxenford. Requests an account
of sugar, rum and molosses imported into this Kingdom from
Nova Scotia, New England, New York, New Jersey, Virginia,
Maryland, Carolina and Pennsylvania, from Christmas, 1725,
to as near the present time as the books are made up, as soon
as possible, distinguishing each year and from whence imported.
[C.O. 29, 15. p. 224.]
64. Mr. Popple to Governors of Plantations. Circular
letter to all Governors, enclosing opinion of Attorney and
Solicitor General upon fines and recoveries etc. v. supra. [C.O.
324, 11. p. 242.]
65. Mr. Oxenford to Mr. Popple. Encloses following.
Ships from Nova Scotia and New Jersey are omitted as they
generally make their entries from the adjoining ports. Signed,
John Oxenford. Endorsed, Reed. 26th Feb., Read 21st May,
1731. 1 p. Enclosed,
65. i. Accounts of imports of rum, sugar and molasses from
New England, New York, Virginia, Maryland, Carolina,
and Pensilvania, 1725-1729. 2 pp. [C.O. 5, 872.
ff. 94, 96v., 97, 990.]
66. Duke of Newcastle to the Council of Trade and
Plantations. Upon your Lordship's recommendation to me
AMERICA AND WEST INDIES. 47
1731. [66]
of Col. Dunbar to succeed Mr. Wentworth, etc., I moved H.M.
to grant ( him that employment ; But having since received from
Mr. Belcher enclosed further account of the disputes betwen him
and Col. Dunbar, which perhaps may make that affair appear
in a different light from what it did by the former letters, I
must desire that you will consider them, and let me know
whether you are still of the same opinion as to Col. Dunbar's
having that Government ; and in the mean time I have ordered,
that his Commission for it should not be delivered out till I have
your answer. Signed, Holies Newcastle. Endorsed, Reed. 2nd,
Read 3rd, 172. 1 p. Enclosed,
66. i. Copy of Jan. 11. Belcher to Newcastle. Endorsed,
Reed. 2nd March, 173. 4 pp.
66. ii. Copy of Jan. 14 ditto. Endorsed as preceding. 5 pp.
66. iii. Deposition of Capt. Heath, Commander of H.M.
Fort Richmond in Kenebeck River. Boston, Dec. 14,
1730. Describes visit to Pemaquid with Lt. Gov.
Tailer etc. Signed, Joseph Heath. Endorsed as pre-
ceding. 2 pp.
66. iv., v. Copies of Jan. 11. Encl. ii, iii. Same endorse-
ment. 3 pp.
66. vi. Certificate that the following are authentic copies
etc. Signed, J. Willard, Secretary, f p.
66. vii. Minutes of Council and Assembly of the
Massachusetts Bay, 30th May, 1716. Resolved
that for the more convenient administration of Justice
all the lands, familys and settlements within this
Province to the eastward of the Province of Maine
shall be annexed to the county of York and shall be
part of the same etc. Copy, f p.
66. viii. Copy of Jan. 11. Encl. i. Same endorsement. 11 pp.
66. ix. Copy of Instructions given by Governor Belcher to
Lt. Governor Tailer and others to view and report
the state of the several fortifications, with an account
of what passed at Frederick's Fort or Pemaquid
between them on that occasion. Same endorsement.
Copy. 24| pp. [C.O. 5, 872. ff. 22, 23i;.-25t'.,
26i>.-29, 30i;.-31, 32-35, 36, 37-55, 56u.]
Feb. 27. 67. Lt. Governor Gooch to the Council of Trade and
Plantations. Having last night received a copy of a report
transmitted to your Lordships from the Commissioners of H.M.
Customs etc. (v. 29th Dec. 1730). I am greatly surprised to
find that Board influenced by the misinformations of persons,
who either know nothing of the tobacco trade, or wilfully
misrepresent it etc. Offers some remarks on their report, which
will convince all indifferent judges, that this act for amending
the staple of tobacco will really increase H.M. revenue. Answer
to 29th Dec., 1730. (i) Almost all the tobacco made by
48 COLONIAL PAPERS.
1731. [67]
the common people, (and they make the best), is sold to the
merchants in this country and the factors from the out-ports,
for cloathing and other necessaries which the planters want etc.
Their manner of dealing hitherto hath been that if a planter
wants but a pair of shoes at one of these stores, he must lay
out a whole hogshead of tobacco, seeing the merchant will not
receive a less quantity, neither will he deal at all, unless the
tobacco lyes convenient to his Receiver ; and by this means
the poor planter is often obliged to take goods that are of little
or no use to him, and at what price his neighbouring storekeeper
pleases to impose, because he cannot otherwise have what he
really hath occasion for ; This has indeed proved a discourage-
ment to many industrious people, and must in time obliged them
to leave off planting, and apply their labour to better purpose.
But by this act the greatest encouragement is given to the
common people to make tobacco that could be then thought
of : for after their tobacco hath passed an inspection, they may
take as many notes for it as they please ; i.e., notes for fiftys
or hundred pounds, dividing their tobacco into what parcels
they think proper ; these notes, the same as money, will be
accepted as payment at any store or shop, and as it is much
easier for a planter to carry home his goods, than to remove
his tobacco to the conveniency of the merchant, he will not
henceforward be confined to one particular merchant, but will
be at liberty to deal where he can meet with the best goods and
the best purchase. These advantages being what the common
planters see their account in, they are, and will be, more
particularly fond of the method proposed for payment in these
transfer notes, and will thereby be incited to apply themselves
to this manufacture with greater attention than they have
hitherto done, under the disadvantage of being stinted in their
plants, a low price and an useless return. As to lessening the
consumption by advancing the price, I can see no ground to
apprehend such a consequence : for since the rich and even
people of middling fortunes will ever be fonder of smoking good
than bad tobacco, be the price what it will ; so custom having
made smoaking as necessary as food to the labourer and
mechanick, it will not be an half-penny, or penny pr. pound
that will lessen the consumption of what they find necessary
to the gratification of their desires : but 'tis rather to be expected
that a more agreable tobacco will draw them into a greater
inclination to use a much larger quantity : Besides, that which
is sold at a very low price in England, to the poor people, is not
tobacco, but the stalks flatted and cut up by the tobacconists.
A commodity which ought not to be vended, the prohibiting
whereof must be submitted to the wisdom of the British
Parliament, (ii) This is answered by the fact that the poor
planters make the best tobacco etc. Believes there was the same
quantity of tobacco consumed in England when it was sold at
AMERICA AND WEST INDIES. 49
1731. [67]
Wd. pr. lb., as now, when it is sunk to 8d. or 7d. If there is no
tobacco so bad as to deserve to be burned as unmerchantable,
the King's revenue must be increased proportionately etc.
Further discussion of fraudulent running of tobacco etc. Con-
tinues : I must now beg your Lordships to consider some of the
consequences which must unavoidably follow the disallowance
of this act. (i) As the Tobacco trade is sunk to that degree that
abundance of the planters are no longer able to live by it, and
are in some hopes of relief from the regulations now proposed,
if that fails, they must of necessity leave off planting or starve
for want of cloathing and tools to work with, (ii) The last
session there was a considerable party in the House that opposed
this act, also strongly insisted on reducing the quantity of
tobacco to be planted to no more than 3000 plants for each
tithable, which in the most favourable year would hardly
amount to 20,000 hhds. But as I assured them I could pass
no such act, I had the good fortune, I must still cal it so, to
prevail with them to try this experiment, in which everybody
here sees how much the interest of the revenue has been con-
sidered, and if we are so unhappy to be disapointed in this, I
know no other expedient, consistent with H.M. interest, to
keep up the spirits of the people from sinking into despair of
ever being able to retrieve the miserable circumstances into
which the continued bad price of their tobacco for several years
past hath plunged them. And it is to be feared that many
poor familys will desert the country and retire to the new
settlements that are making in Carolina to get out of the reach
of their creditors. And what effect this must have on H.M.
revenue as well as the British trade, I humbly submit to your
Lordships. I cannot but express my concern, with an aching
heart my Lords, that any private representation of the state
of this Colony, or the interest of the people, with regard to
H.M. advantage, should have more weight with the Commis-
sioners of the Customs, than the united and deliberate sentiments
of the whole Legislature : and for my own part, tho' I had some
share in carrying this act in the Assembly, yet, I shal be con-
tented to own myself in the wrong, if any just arguments can
be brought against it, but hitherto I have heard of none. Some
are prejudiced against it from private interest others fancie
they know more of the trade than they really do, etc., and a
few, who being used to a beaten path of business, are unwilling
to go out of their way, tho' they are led in to a better and an
amended road. Before I conclude your Lordships will suffer
me to do justice to myself. Under the late repealed law of a
stint (o/6000 plants per tithable etc.), the country in a favourable
year made 40,000 hhds. of good and bad tobacco which was
constantly sent to Great Britain. All rents, and publick dues,
as the Parish, the Country, and the Country levies, which the
planters are to discharge by an equal tax pr. tithable, were paid,
Wt. 441 C.P. XXXVIII 4
50
COLONIAL PAPERS.
1731. [67]
Feb. 27.
Custom ho.,
London.
it will be believed, not with their best tobacco ; insomuch, to
instance in one article only, the King's quit-rents, tobacco,
with the inconveniency the buyers were under in collecting
such tobacco, was generally sold from 3*. to 5*. pr. cwt. at the
same time that the current price all over the country was 10s.
and 12s. at least. Under this new law, which leaves every
planter at liberty to make as much tobacco as he can, it is taken
for granted, that the Colony in a seasonable year will make
about 60,000 hhds., and 'tis imagined, if the Inspectors do their
duty, that one fifth part or more will be destroyed as trash.
By which method the 45,000, or it may be 48,000 hhds. passed
will be all very good and fit for any market, and out of this the
quit-rents and all other dues will be paid, and the publick
tobacco will then sell for as much money in the country or
elsewhere, as any other. 'Tis also proposed, that by the
goodness of the tobacco we shal encourage an increase of the
consumption : and this act, my Lords, as far as we are able to
guard against frauds, secures the duty of all that is consumed
in G. Britain to the King etc. Maintains that the advantages
of the Customs and the interest of the people are so linkt
together by this apt disposition, that 'tis impossible for man
to devise a better. The delay caused will prevent the first year
being a proper trial, but if any defects are revealed, future
Assemblies will remedy them etc. Signed, William Gooch.
Endorsed, Reed. 10th, Read 12th May, 1731. Duplicate, 30th
March, 1731, by the Mayflower of Bristol etc. 6f pp. [C.O.
5, 1322. ff. 1 49-152*;.]
68. Mr. Manley to Mr. Popple. Mr. Fitzwilliams having
informed the Commissioners that by order of the Lords
Commrs. of Trade he attended them in relation to a law
passed in Virginia for amending the staple of tobacco etc., when
a memorial of Mr. Leheup was read, wherein he alledges that
he had not an opportunity to be heard by the Commrs. of
Customs etc. (v. 22nd Feb.) request copy for their information
etc. Signed, Jno. Manley. Endorsed, Reed. 27th Feb., Read
3rd March, 173. Addressed. 1 p. [C.O. 5, 1322. ff. 99,
Feb. 27. 69. Duke of Newcastle to Lt. Governor Mathew. Encloses
Whitehall, following. Concludes : The effects of the Catherine sloop are
to be kept safely till H.M. further orders etc. Signed, Holies
Newcastle. 1 pp. Enclosed,
69. i. Lords Commissioners of the Admiralty to the Duke
of Newcastle. Admiralty Office, 17th Feb., 1731.
Request order as above, the effects of the Catherine
having been seized by H.M.S. Pearl at Antego and
there condemned as private goods, and that matter
being soon to be laid before H.M. in Council, on
AMERICA AND WEST INDIES.
51
1731. [69. i]
Feb. 27.
St. James's.
March 1.
Office of
Chelsea
Waterworks
in Scotland
Yard.
March 1.
Boston.
appeal granted by the Court of Chancery in those
parts etc. Signed, Jo. Cokburne, Cha. Wager. A.
Hamilton. Copy. 1| pp. [C.O. 152, 43. #145,
145z;., 147, 147t;. ; and 324, 36. pp. 262-264.]
70. H.M. Commission appointing David Dunbar, Lt.
Governor of New Hampshire in the room of John Wentworth,
deed. Countersigned, Holies Newcastle. Copy. [C.O. 324,
36. p. 267 ; and 324, 49. /. 68 ; and 325, 50. pp. 57, 58.]
71 . Mr. Eden to Mr. Popple. Encloses remarks on Acts
of Bahama Islands " delivered into yor. office some time since."
(v. March 28, 1733). Signed, J. Eden. Endorsed, Reed. 1st
March, 173y. 1 p. Enclosed,
71. i. Remarks on 12 Acts of Assembly. Criticises some
details, and objects especially to the Act for levying
divers sums to defray the expence of the island, the
taxes proposed being extravagant, and will be
detrimental to trade etc. In the Act for better
governing slaves, evidence of one black is not sufficient
in cases of life etc., etc. 4 pp. [C.O. 23, 3. ff. 60,
61-62t'., 68u.]
72. Governor Belcher to the Duke of Newcastle. By all
opportunities I have done myself the honour of transmitting
to your Grace the account of my proceedings etc. Continues :
Since my last I have conven'd a new Assembly, which has been
sitting near three weeks. Encloses Journal. They have still
under their consideration the matter of the Govr.'s support
and what they will finally do in it, I am not able to say. But
according to the best judgment I can make, I don't expect they
will do anything that will come nearer to the King's Instruction,
than what was done by the last Assembly. As I have not been
wanting to do everything in my power for the King's honour
and service, so I am still determin'd to pursue my duty to the
King in all the ways I possibly can etc. The Agrent will wait
on your Grace with the copy of the process of the Jourts against
the rioters mentioned 14th Jan. etc. Continues : I don't
suppose Collo. Dunbar's pride and malice would stick at any-
thing (whether true or false) he thought would hurt me, so I
hope your Grace will prevent any orders to me for the future
from anything Collo. Dunbar may write till I am serv'd with a
copy to make answer etc. Repeats request for leave to sign Act
of N.H./or emitting 60001. etc., and askt> that Benjamin Gambling,
a gentleman of good vertue, estate and capacity, and perfectly
well attacht to the King may be appointed to the Council in
that Province. Signed, J. Belcher. 3 pp. [C.O. 5, 898.
No. 82.]
52
COLONIAL PAPERS.
1731.
March 1.
Boston.
March 3.
Whitehall.
March 5.
73. Governor Belcher to the Council of Trade and
Plantations. Repeats preceding, mutatis mutandis. Adds :
Hopes to send answers to the Board's Queries (10th June) by
next conveyance etc. Signed, J. Belcher. Endorsed, Reed.
21st April, Read 9th June, 1731. 8 pp. Enclosed,
73. i. Opinion of the Attorney of the Massachusetts Bay,
13th Jan., 1731, on the trial of Samuel Hamble,
Thomas Lemont and two others, convicted for a
notorious riot in Sept. last, having seized a schooner
belonging to one Grover, who had put on board some
staves cut on a place possessed and improved by
Grover, his father and grandfather for 30 years,
Lemont etc. on a written order from Alexander
Hambleton, an officer under Col. Dunbar, who required
him to stop all such timber as should be cut and
transported from such a place without Col. Dunbar's
permission. They carried the schooner and stores
into Pemaquid harbour. Grover and his crew fled
in fear of their lives owing to their threats. The
vessel continued there till she was seized by Major
Moulton, High Sheriff of the County of York, who
apprehended the rioters etc. Agrees that this was
not an act of piracy or a felonious taking, but a riot
etc. Signed, J. Overing. Endorsed Reed, (from Mr.
Wilks), 21st April, 1731. 6 pp.
73. ii-xvi. Papers relating to above trial. The rioters
having been committed for trial at the General Court
Sessions (25th Sept. 14th Oct., 1730), were on 5th
Jan., 1731, sentenced to fines of 20l. to 151. each and
three months imprisonment, with costs, 233Z. 145. Qd.
. Endorsed as preceding. 21 pp. [C.O. 5, 872. ff.
180-182D., 1830.-186U., 187u., 188u., 189, 190u., 191,
192U.-194, 195, (with abstract), 196, I960., 197u., 198,
199, 200, 201, 202, 203, 204, 205, 206, 2060. (with
abstract).]
74. Mr. Popple to Mr. Carkesse. In reply to 27th Feb.,
encloses copy of Mr. Leheup's memorial etc. Continues :
My Lords Commissioners will be very glad to receive such
further assistance from them, upon this subject as they shall
think proper, for which reason their Lordships defer making
any report upon the aforesaid law, untill they shall hear again
from them. [C.O. 5, 1366. pp. 58, 59.]
75. Order of Committee of House of Commons, appointed
to consider the petitions concerning the Sugar Colonies, for a
copy of a representation from Mr. Colden relating to the trade
of Canada etc. Signed, J. Rushout.w Endorsed, Reed. 5th,
Read 6th March, 173? . p. [C.O. 323, o. ff. 56, 57v.]
(1) Sir John Rushout,
AMERICA AND WEST INDIES.
53
1731.
March 5.
March 5.
Whitehall.
76. Mr. Fane to the Council of Trade and Plantations.
Reply to Feb. 19. I have reconsidered the acts of Antigua
referred to, and am humbly of opinion that H.M. cannot by any
instruction to his Governor vary or alter an Act of Assembly
ratified by the Crown, nor can H.M. in my humble apprehension
by virtue of an Instruction which the act of 1715 is observed
prevent his Governor granting or dissolving injunctions in causes
depending in Antigua whilst he is resident in any other island
of his Government. Because as I am informed this practice
prevailed long before the act of 1715 took place : and I take
it that what was the usage in this particular before the act of
1715 is now by that act become a law of the island. It being
enacted by that law that all injunctions, subpoenas and other
process shall be granted signed and sealed by the Governour
as hath been usuall and no otherwise, and I know no method of
altering it, but by a subsequent law, and I begg leave to observe
to your Lordships that all regulations and amendments of the
law here have been made by Act of Parliament. Signed, Fran.
Fane. Endorsed, Reed. 6th, Read 9th March, 173?. If pp.
[C.O. 152, 19. ff. 29, 29i;., 80u.]
77. Council of Trade and Plantations to the Duke of
Newcastle. Reply to 27th Feb. Continue : We do not find
anything in the papers your Grace has sent us, that shoud
incline us to alter our sentiments upon this subject, for not-
withstanding Mr. Belcher does in his letter deny that he ever
had any intention to march with an armed force in order to
demolish the fort at Pemaquid, and carry away the people
prisoners from thence, yet he does not deny that he ever told
Colo. Dunbar, that some Members of ye Assembly had such an
intention, and he does likewise acknowledge that ye Sherrif
of York County did march thither with his posse about that
time, tho' upon a different occasion, which might very justly
give Collo. Dunbar reason to be alarm'd, and he certainly would
have been wanting in his duty to ye King, if in that situation,
he had not apply'd to H.M. for an order to prevent hostilities
till such time at least as H.M. title to that tract of land should
be determined. It is not to be doubted but that Colo. Dunbar's
Office as Surveyor of the Woods, as well as his Instructions for
settling ye lands betwen Kennebeck and Croix must have
rais'd him many enemies in ye Massachusets Bay, where it is
but too evident that every man who does his duty to the Crown,
makes himself liable to ye ill will of ye people ; and therefore
stands in need of all the support the Government can give him
from hence, for which reason it was, that we first beg'd your
Grace's favour on his behalf, and for ye same reason we now
take ye liberty to repeat that request, as apprehending that ye
employment of Lt. Gov. of New Hampshire, may give him
a little more credit and authority, than he is at present possessed
54 COLONIAL PAPERS.
1731. [77]
of. Autograph signatures. 2 pp. [C.O. 5, 931. No. 20 ; and
5, 916. pp. 402, 403.]
March 8. 78. Order of Committee of House of Commons, appointed
to consider petitions covering the Sugar Islands, for a copy of
a representation by the Council of Trade concerning the state
of the Northern Colonies in 1721. Signed, John Rushout.
Endorsed, Reed. 8th, Read 9th March, 173? . f p. [C.O. 323,
9. ff. 59, 62.j
March 9. 79. Col. Hayes to [? the Duke of Newcastle]. Yesterday
Port Royal. I lost my Major etc. Requests that his eldest Captain, Capt.
Hely may be appointed to succeed him etc. I suppose you
have heard of the defeat of the negros with an utter destruction
of all their habitations by a party of the country people who
attack'd them for an hour and a half without ever seeing one
of them, att length enter'd the town and after plundering itt,
laid itt in ashes, but took no one prisoner, this victory was
obtain'd with the loss only of two men. I believe we may now
naturaly conclude the war is over in this country. To-morrow
the companies of the two Regmts. march to the several quarters
alotted in the country, which I hear a miserable account of.
I have reason to beleive in some of them their will be wanting
both provisions and lodgings etc. The men now begin to be
verey sickly and die verey fast. By the inclos'd list of the
quarters etc., you'l find I have two companys quartered together,
ownly, in one place, the rest are scater'd all over the island,
some of them 200 miles asunder. When the Regiment is
dispersed, I am certain I can be of no further use here etc. His
health being very bad, asks for leave to return etc. Signed,
Robt. Hayes. 2 pp. [C.O. 137, 53. ff. 326-327.]
March 10. 80. Order of King in Council. Referring to the Council
St. James's, of Trade and Plantations for their report, seven acts of the
Massachusetts Bay submitted by the Agent of that Province.
Signed, Ja. Vernon. Endorsed, Reed. 13th, Read 17th March,
f p. Enclosed,
80. i. Certificate by Governor Belcher that the following
acts were passed Sept., Oct. 1730. (i) For granting
H.M. several imposts and tunnage of shipping, (ii) for
apportioning and assessing a tax of 8000Z. ; another of
240Z. on several towns for not sending a Representative
as by law they are obliged ; and anothei' of 235 1Z. 15s.
paid the Representatives in 1729 etc. (iii) An act
directing how rates and taxes to be granted by the General
Assembly as also country town and precinct rates shall
be assessed and collected, (iv) for erecting the north
easterly part of the town of Woburn and the westerly part
of Reading into a township by the name of Wilmington.
AMERICA AND WEST INDIES.
55
1731. [80. i]
March 10.
St. James's.
March 10.
St. James's.
March 10.
St. James's.
March 10.
Whitehall.
(v) for supplying the Treasury with the sum of 13,OOOJ.
pounds in bills of credit on this Province, (vi) for the
ease of prisoners for debt (vii) in addition to an act
for regulating fees. Signed, J. Belcher. 1| pp.
80. ii. Printed copies of Acts enumerated in preceding.
27 printed pp. [C.O. 5, 872. ff. 61, 63, 63i;., 65-78i;.,
790.]
81 . Order of King in Council. Referring to the Council
of Trade and Plantations the letter of Governor Belcher, with
act relating to his salary, Dec. 10th, 1730, for their report
thereupon. Signed, Ja. Vernon. Endorsed, Reed. 13th, Read
18th March, 173$. f p. Enclosed,
81. i. Copy of Dec. 10, Belcher to Newcastle.
81. ii. Copy of Act 1730 for support of H.M. Governmt.
(v. Dec. 10, encl. i). [C.O. 5, 1872. No*. 80-83*;.,
BSD.]
82. Order of King in Council. Dismissing the petition of
Lt. Gov. Armstrong for a moiety of the salary of Governor
Philips during the time he carried on the Government in his
absence, the Committee having reported that the pay of
Governor Philips arising not from any salary or perquisites in
Nova Scotia, but being founded on the establishment of the land
forces, this case is not within the jurisdiction of the Privy Council.
Cf. A.P.C. III. No. 226. Signed, Ja. Vernon. Endorsed,
Reed. 10th, Read llth Aug., 1731. 2f pp. [C.O. 217, 6. ff.
35-36*;.]
83. Order of King in Council. Referring following to the
Council of Trade and Plantations for their report thereon.
Signed, Ja. Vernon. Endorsed, Reed. 16th, Read 23rd March,
173r. | p. Enclosed,
83. i. Petition of John Ayscough to the King. Refers to
his services as President of the Council of Jamaica.
He was removed from the Council though a misappre-
hension of the Board of Trade that he was in England
and did not intend to return. Bein^ in hopes of
recovering his health and returning to the island,
requests that he be restored to his rank in the Council
etc. Signed, J. Ayscough. Copy. 2| pp.
83. ii. Order in Council, 26th June, 1729, superseding Mr.
Ayscough for above reason. Copy. 1| pp. [C.O.
137, 19. ff. 6, 7-8, 9, 9u., llt>.]
84. Order of Committee of Privy Council. Referring back
to the Council of Trade and Plantations their representation of
8th Sept., who are to discourse with the Lessees of the Bahama
Islands about the surrender of their interest, etc. Signed, Ja.
Vernon. Endorsed, Reed. 13th, Read 18th March, 173?. f p.
Enclosed,
56
COLONIAL PAPERS.
1731.
March 11.
Custom ho.,
London.
84. i. Copy of Board of Trade report of 8th Sept.
84. ii. Copy of Lords Proprietors letter of llth
[C.6. 23, 2. ff. 217, 218-219, 220, 220u.]
April.
85. Mr. Carkesse to Mr. Popple. Explains how the
Commissioners' report was framed without hearing Mr. Leheup.
They reply to his memorial (22nd Feb.). (i) As to the dirt,
rubbish which it is alledged the planters often mix with their
tobacco which tend to depreciate its esteem in foreign parts,
the officers in this port have met with no such instance, and if
the planters should do so, it would be no prejudice to the revenue
or any advantage to the importer, for it is liable to the same
duty as good tobacco, (ii) As to the great discoverys of frauds
that have been lately made here, for which great number of
officers have been dismist and others transported, the Commrs.
have good reason to believe that the prosecutions carried on have
put a stop to those frauds, but if not they do not apprehend
that a law passed in Virginia, which can be of no force here,
can be any ways serviceable in preventing them, (iii) As to
ordinary or mean tobacco, the Commrs. are still of opinion
if by virtue of this law the importation thereof shoud be lessened
it will be prejudiciall to the revenue, it paying the same duty
as the best, tho' the revenue is not increased by what is shipt
off, yet the trade is thereby increased with the Northern countrys
they taking off great quantitys of this sort of tobacco, (iv) As
to the \d. per Ib. which the Crown pays for all bad tobacco burnt
here which charge Mr. Leheup says will by this act be saved, he
is misinformed, for the \d. by law is not to be paid for such
tobacco as was damaged or unmerchantable in Virginia before
it was ship'd here, but only for such tobacco as happens to
receive damage by stress of weather or accident at sea etc.,
which damage on ship board the Commrs. apprehend will
be increased by the Inspector's breaking the tobacco after it is
first packed before the shipping it being impossible to pack it
up again so close as it was at first, (v) As to the Navall Officer
sending over the exact quantitys of tobacco each ship takes on
board, there being no penaltys laid by this law as was observed
in my former letter, the Commrs. do not see any service
that can be to prevent the running of tobacco in Great Britain.
The other parts of Mr. Leheup's memorial relating to trade in
general, and not to this revenue, the Commrs. do not
think proper to make any observations thereon, but have
directed Mr. Fitzwilliams, Surveyor General for the Customs of
Virginia and other parts of the Southern Continent in America,
who has resided long in that country, and is an officer of whom
they have a very good opinion to wait on their Lordships to
answer such questions as they shall please to ask him relating
to this law etc. Signed, Cha. Carkesse. Endorsed, Reed. 12th
March, Read 12th May, 1731. 4| pp. [C.O. 5, 1322. ff. 110-
112,
AMERICA AND WEST INDIES. 57
1731.
March 12. 86. Mr. Fitzwilliam to the Council of Trade and
Plantations. In obedience to their commands has considered
the Act of Virginia for amending the staple of tobacco, and con-
ceives it "to be highly prejudicial to the British merchants
trading to that country ; that it lays the poorer sort of planters
under such difficulties as in a short time must oblige them to
leave off planting, and betake themselves to some manufacture ;
that it vests such a power in Inspectors as no sett of men ought
to be entrusted with " etc. Explains at length. Mr. Leheup is
wrong in saying that the 3s. for stamps and nailing etc. will be but
a small expense to planters, for by the present custom of buying
nearly 4 Ibs. of the tobacco pays nothing in the country for
weighing and nailing. Continues : As to what is alledged of
the planters being the best judges of what benefit will accrue
to their own trade, if that be admitted, yet I presume they are
not to be allowed proper judges of the Trade and Navigation of
Great Britain etc. If we look back but a very few years, we
may observe very extraordinary steps taken in the Governmt.
of Virginia to lessen, as much as in them lyes, both the revenue,
and the trade, by discouraging everybody from making tobacco,
in order to gain a monopoly etc. In 1726 there was a law passed
in Virginia for the more effectual preventing the bringing of tobacco
from N. Carolina etc., which is an effectual prohibition on
the people of North Carolina to plant tobacco. For that
province has no ports capable of admitting ships of burthen,
etc., and as Virginia has hitherto been the port from whence the
tobacco of that province has been conveyed to Great Britain,
the lessening of H.M. revenue must be the consequence of this
prohibition. But what makes the act still more extraordinary
is, that it is repugnant to an act of Parliament, notwithstanding
which, penalties have been recovered contrary to this act of
Parliament in the Courts of Common Law of Virginia, which
has lessened the importation of tobacco betwen 2 and 3000
hhds. yearly etc. Refers to his letter of Dec. 1727. Continues :
Upon an application made to the Parliamt. last sessions, the
law for preventing the importation of stemm'd tobacco, or
tobacco stripped from the stalk, was repealed, whereby the
quantity of tobacco usually stripped from Virginia was lessen'd
at least 6000 hhds. more, as may appear from the Customhouse
books, yet this indulgence, wch. consequently lessens the trade
of Great Britain to that country at least 20 sail of ships yearly,
had not satisfied them, but now in 1730 they pass this act of
their own, in order further to lessen the quantity of this com-
modity, whereby they propose to raise the price by preventing
the poorer sort of people from planting which must materially
give them a turn to manufacturing etc. As to the Lt. Governor's
interest in the act, besides his influence in settling the rent of
the warehouses, which is near equal to giving an employmt.,
he will have the disposal of the new offices created by this act
58
COLONIAL PAPERS.
1731. [86]
to the value of near 6000Z. pr. annum etc. Concludes : It is
generally computed that the execution of this act will cost the
country between 10 and 12,OOOZ. a year etc. The inhabitants
have not yet been at any expense in building warehouses etc.
for executing it. There was a law of this nature in Virginia
called the Agents law, abot. 13 or 14 years agoe, which tho'
not near so bad in its consequences, was repealed as being
prejudicial to the trade of Great Britain. Signed, Rd.
Fitzwilliam. Endorsed, Reed., Read 12th May, 1731. 8 pp.
[C.O. 5, 1322. ff. 115-llSi;.,
March 12. 87. Order of House of Commons that the Commissioners
for Trade and Plantations do lay before this House what accounts
they have received of the manufacturing of woollen, linnen and
cotton cloaths in New England, New York, New Jersey, Pensil-
vania and Rhode Island, and what directions have been given
to the Governours thereupon ; and also an account of what
progress they are informed any of the said Provinces have made
in the planting of hemp and flax. Signed, E. Stables, Cl. Dom.
Com. Endorsed, Reed. 13th, Read 16th March, 173. | p.
[C.O. 5, 872. ff. 59, 60u.]
March 12.
Prescot
Street
in
Goodman's
fields.
88. Capt. Coram to Mr. Popple. I have understood there
hath been some late enquirery about iron being made out of the
oar in New England, and wrought there into the necessary tools
and utensils of husbandry etc. of that country which I well
know to be truth. Moreover in the year 1697, the convenian[c]y
of the vast great planks of oak and fir timber, and iron oar
which I found abounding at a place call'd Taunton, on a
navigable river about 50 miles south of Boston by land, but
much more by water, in some like manner as Winchester is
from London ; encouraged me to take some of my English
shipwrights from Boston whome I had carryd. from hence
thither thre years before for establishing shipbuilding in New
England, and removed them to Taunton to build a ship of 140
tonns (the first ship or vessel that ever had been built on that
river) and had all the ironwork or much the greater part thereof
used in building her made out of the iron oar of that place and
wrought into bolts and spikes and nailes etc., by an engenious
fellow named Robert Grossman born at that place, and was
since the Representative for the same many years in the General
Assembly of the Massachusetts. I built several more and larger
ships there soon after, and there has been built since above 500
ships on the same river, and I doubt not but with the ironworke
for them, the natural produce of the same place wch. also
produced good hemp and flax to those few who were industrious
to take any care or pains to raise it etc. Signed, Thomas Coram.
Endorsed, Reed. 13th March, Read 21st Oct., 1731. Addressed.
1 p. [C.O. 5, 873. ff. 234, 235u.]
AMERICA AND WEST INDIES. 59
1731.
March 15. 89. Lt. Governor Gordon to the Council of Trade and
Philadelphia. Plantations. Encloses following. Was disappointed of an
earlier conveyance etc. Signed, P. Gordon. Endorsed, Reed.
28th Sept., 1731, Read 4th Oct., 1732. 1 p. Enclosed,
89. i. Answers of the Lt. Governor of Pensylvania to the
Board's Queries. (i) Describes situation and
boundaries of grant etc. of Pennsylvania and the Three
Lower Counties, (ii) The boundaries are nowhere
fixed but on the East by the River Delaware. On
the North there has never yet been any occasion to
fix the 43rd degree, which 'tis conceived extends to the
settlements of the Five Nations now supposed by the
Government of New York to belong to that Province.
Nor have any attempts been made to measure off the
five degrees of longitude (which is the breadth of the
Province by the King's patent, and would make about
265 miles) to the westward, but by the exactest French
maps yet given us, particularly De L'Isle's, the North-
west corner by these degrees of longitude and latitude
will fall on their Lakes etc. The French in their said
maps extend their Louisiana as far East as the River
Susquehannah which runs into the head of Chesapeak,
by which the Eastern and Western shores (as they are
commonly called) both of Maryland and Virginia are
divided, and therefore they leave to Pensylvania a
breadth only of about 60 Eng. miles. It is also
remarkable that the Editors of a volume of Geography
published in a very large folio anno 1721 by subscrip-
tion from many of the Nobility and great Officers of
Britain as well as others called A New General Atlas,
the maps in which are engraved or revised by Senex,
have, to the scandal of the Nation, unadvisedly inserted
into it that Map of Louisiana as a proper description
of that country, without any alteration <"* restriction,
by which, as far as the authority of that book can
contribute, they give up to the French all their
exorbitant claims to the greater part of these British
Dominions, which whether it may deserve the notice
of your Honourable Board is humbly submitted, but
it cannot but give those who have considered the
mistake and have any concern for the honour and
interest of the Crown of Great Britain a very just
resentment. The boundary of Pensylvania to the
Southward is a circle about Newcastle at 12 miles
distance so farr as that reaches, and from thence a
line running directly west is to divide it from Maryland.
This line in the Royal grants for both Provinces is
called the fortieth degree of Northern Latitude, which
occasions a very high dispute, for it is most evident
60 COLONIAL PAPERS.
1731. [89. i]
by both patents, that at the respective times of the
grants, it was not conceived, that what is commonly
understood by the 40th degree of latitude would
extend near so far northward on the land, as it is now
found from later observations by more exact land
instruments. Maryland in the patent to Lord
Baltemore seems positively limited to Delaw r are Bay
which ends somewhat to the southward of Newcastle
etc. The whole tenour of that grant appears to bound
it by the heads of the Bay of Delaware and Chesapeak.
It can also be clearly proved, that the first grantee of
Maryland understood his province to be bounded by
the head of Chesapeak Bay, and about 1683 not much
above one year after Mr. Penn first arrived here with
his people to settle his Colony, the then Lord Baltemore
being himself in these parts thought fitt to run a line
a few miles above the head of the said Bay, to which
line he formally made his claim, and to that boundary
as allow'd on the part of Maryland this Province has
ever since extended its settlements, and great numbers
of families near 50 years since sate down and laid out
their substance in improving the said lands, and raising
estates, which have descended to their children etc.
Yet now from the later discoveries that have been
made of the latitude, Maryland would extend their
countrey much higher and take to themselves a con-
siderable part of those estates : But our inhabitants
have hitherto held their possessions. The claim
nevertheless on the part of Maryland still subsisting
occasions great uneasiness amongst the people. And
tho' the respective Governors, who live in a good
understanding with each other, have hitherto shewn,
and still continue to use, such moderation and caution
on both sides, as that no violences, by the countenance
of either Government, have been committed, yet it is
of vast importance to the publick peace and security
of H.M. good subjects, as well as for the interest of the
Proprietors, that this dispute should with as little
delay as possible be effectually ended, (iii) Describes
Constitution and Courts, (iv) The shipping annually
cleared from Philadelphia, Newcastle and Lewes, the
three ports of trade within this Government, are
computed to be about 170, and as they consist chiefly
of sloops and small briganteens they cannot be reckoned
one with another to exceed 60 tons with a complement
of 7 men to each vessel etc. For these last ten years
the shipping are encreased one full third, (v) As this
with all other of the American Provinces are limited
to trade only with Britain, and H.M. Colonies, and no
AMERICA AND WEST INDIES. 61
1731. [89. i]
goods from Britain pay any duties, there is therefore
no occasion to have any such entries made as can
enable us to render an exact account of the quantities,
but the sorts are generally such dry goods as are con-
sumed in Great Britain vizt. woollens, linens, silks,
habedashry etc. necessary for apparell, ironware
and other necessaries for husbandry building and
furniture of houses, (vi) There is no considerable
trade between this Government and any foreign
Plantations ; what there is, is chiefly with the Dutch
vizt. three or four small vessells in a year to Surinam,
perhaps one to Cura9oa, and sometimes one to St.
Eustacia, but none to any French or Spanish Planta-
tions. Our exports thither are bread, flour, staves,
butter and some horses, and our returns are chiefly
melasses, some little rum and sugar. Our trade to
Europe is but casual, and according as there is demand
for grain, in which case, as in the late scarcity of wheat
in Europe about 40,000 bushels were shipt from hence
to Ireland, Lisbon and the Streights, but when there
are plentifull crops we ship little or none. To Madeira
there is shipt annually between 15 and 20,000 bushels
of wheat, some Indian corn and bread, in return for
which we have their wines. We now also sometimes
import salt from Portugal or Spain, tho' rarely, most
of it being brought from the West Indies, (vii) At
Philadelphia there are a Naval Officer, a Collector and
Comptroller, at Newcastle and Lewes a Naval Officer
and Collector each, who guard the trade, and all proper
care is taken to prevent any illegal practices therein,
so that notwithstanding the vigilancy of the Officers,
there are but very few forfeitures on that score, (viii)
The produce of this country and stapl: commodities
are wheat and Indian corn for exportation, rye, barley,
oats and buckwheat enough for home consumption,
but very little exported. Wheat manufactured into
flour and bread, barrell'd beef and pork in a reasonable
proportion to suit the cargoes of bread and flour for
the West Indies, hogshead and barrell staves in great
quantities are shipt off annually to the West Indies,
Madeira, Lisbon etc. ; skins and furrs (which are pur-
chased of the Indians in exchange of woollens, linens,
shott cutlery etc. all from Britain) with some pigg
iron annually are shipt off for Great Britain, also ships
built here make a considerable return, and our exports
in the whole may be computed at about 70,000/., or
80,OOOZ. sterl., but make less or more according to the
markets they meet with. In return to our exports to
the W. Indies we have litle else than rum in but too
62 COLONIAL PAPERS.
1731. [89. i]
large quantities, with melasses and sugar which are
consumed in the country. Divers undertakers here, in
hopes of making large returns by iron, have to theire
very great cost erected furnaces, but the low price of
pigg iron in Britain for these two years past has proved
a very great discouragement and disappointment, so
that some of these furnaces are like to fall. Great
endeavours have also been used, with a bounty from
the Government, to promote the raising of hemp, in
expectation of making a return by it to Britain, but
very litle as yet has been exported. We have also
hopes that the raising of silk, which has been tried
with some success, may in time be pursued by the
inhabitants, our climate and soil very well agreeing
with the silkworm, and mulberry tree, (ix) We know
of no mines as yet but iron, and some litle copper, of
which last in this Province no discoveries have as yet
been made that countervail the trouble and charge.
(x) This Government has not hitherto had occasion to
use any method that can furnish us with an exact
estimate, but as near as can at present be guessed there
may be about 45,000 souls of whites and 4000 blacks,
(xi) The inhabitants have been exceedingly encreased
within these last ten years by means of their continued
resort hither from Great Britain, Ireland, Germany
etc. from which two last we have of late had great
numbers, and 'tis beleived within these ten years the
inhabitants have encreased above one half of what
they were before (xii, xiii). This being an inland
Province no forts have been built, nor is there any
formed Militia in it. (xiv) The number of Indians
inhabiting this Province is very much decreased, and
those which remain scarce exceed 600 men, excluding
the five Nations etc., and at the first settlement of this
Colony such measures were taken with them by Mr.
Penn, which are still carefully continued, that they
have lived in perfect peace with the inhabitants, and
they are very well affected to the British interest,
(xv) As to the strength of the neighbouring Indians,
encloses a paper drawn up in 1718 by Mr. Logan, a
gentleman of good literature and large experience,
who having been himself engaged in the Indian trade,
from the informations he collected from some who
had long and often travelled through Canada, and the
country about Missassippi, drew up at the request of
Sir Wm. Keith then Governor of this Province an
account of the French trade, their routes and their
Indians, etc., to be transmitted to your Board in answer
to some queries then sent him. How Sir William
AMERICA AND WEST INDIES. 63
1731. [89. i]
might transmitt it I know not, but as it appears to me
curious and valueable, with that gentleman's leave,
who has lent me his original draught, I here give you
an exact copy etc. (xvi, xvii). All claims of the
Spaniards lye so remote, that no occasion has been
given us to have any knowledge of, or concern about,
them. The French of Canada are much nearer neigh-
bours, but fall principally under the notice of H.M.
Government of New York, from whence undoubtedly
the best informations may be had : yet Mr. Logan's
paper may give your Lops, considerable information,
(xviii) Revenue : By the emission of a paper currency,
an annual interest arises thereon amounting to near
3000Z. this currency, which with a small excise on
spirits not amounting to 1000/. yearly raise together
a sufficiency to answer all the present exigencies of
this Government, (xix) By order of the Assemblies
annually there is generally paid to the Governor about
12001. pr. annum besides perquisites ; some further
allowances are likewise made to the Provincial Judges,
Treasurer, Attorney General and Trustees of the Loan
Office, the bounties also and charge of Indian Treaties
take a part but generally at the end of the year the
accounts are near a balance, (xx) There are no
establishments here, for there being no Militia, there
is consequently no military one, and the Officers of the
Government have either such annual allowances made
to them as the Assemblies think proper, or the fees of
their offices as established by our laws, and generally
they hold their places by commission from the
Proprietor or his Lieutenant during pleasure. Signed,
P. Gordon. 13 pp. Enclosed,
89. ii. Paper drawn up by Mr. Logan in 1718, referred to
in preceding. The memorial of which the Lords
Commissioners have transmitted a copy etc. appears
well-grounded. 'Tis well known that ever since the
expedition of the Sieur La Salle, the French have
claimed all the lands to the northward and westward
of the British Colonies, from Canada along the Lakes
and Messassippi River, in which they further strengthen
themselves, by alledging, that the Article in the Treaty
of Reswick, by which all lands or rivers in America
of the mouth of which either nation were then possessed
are conceded to that nation as high as the first sources
of those rivers, is a full cession of all that tract of land
to the French : tho' it cannot be probable that it was
ever so intended, because 'tis not only inconsistent
with the ancienter grant from the Crown to the Pro-
prietors of Carolina, but with the security of all the
64 COLONIAL PAPERS.
1731. [89. ii]
British Colonies on this Continent of America. From
the time of their first discoveries of Missassippi they
have with great care settled a communication between
Canada and the Southern countries on that river, for
which they have three different routes all of which are
the same as far as Lake Erie. They sail in canoes from
Montreal abt. 3 leagues to the fall of St. Louis, where
they have a portage or carrying place by land of about
half a league, then they reimbarque row up the stream
about 60 leagues to fort Frontenac on the north side,
and at the beginning of Lake Ontario ; In this fort is
a small garrison consisting of one or two companies in
the King's pay, from thence they proceed on the Lake
Ontario generally reputed to be 80 leagues in length
to those dreadfull Falls of Niagara, which oblige them
to land, the portage is about three leagues, after
reimbarquing, they goe up the Strait about 6 leagues,
after which they enter Lake Erie which they call 130
leagues in length. The shortest passage from hence
to Missassippi by water is to goe up the river of the
Miamies or Oumamies that enters Lake Erie on the
Southwest about 150 leagues, they then come to
another carrying place of about 3 leagues, where the
highest land is, and from hence the waters divide their
descent between Missassippi and that lake, there they
imbarque on a small shallow river called La Riviere
de Portage, down which they row 40 leagues, to the
River Wabash or Ouabache, and on that river accord-
ing to the traders reckoning 120 leagues to the river
Ohio, into which the other falls, then 80 leagues down
Ohio to Missassippi and thence 350 leagues to the Bay
of Mexico. Some call both these rivers by the same
name, and generally Wabache, but they ought to be
distinguished, because the head of Ohio comes much
more easterly, extending even to the Government of
New York towards Virginia or Carolina, and among
divers other large streams it receives the River
Peresippi on the south side, not far from the mouth
of Wabache, which river of Perisippi is said to rise in
the mountains of Virginia and Carolina. The other
two passages are both prick'd down in Hennepin's
map, according to the accounts given are thus. From
the North-west of Lake Erie they sail 8 leagues to a
fort on Lake St. Claire called Erie Pont Chartrain
where there is a settlement of the French, and often
400 traders meet here, then along the Lake 7 leagues,
thence to the great Lake Huron about 10 leagues,
on this lake they proceed to the Straits of Missilimakina
120 leagues, here is a Garrison of about 30 French,
AMERICA AND WEST INDIES. 65
1731. [89. ii]
and a vast concourse of traders, sometimes not less
than a thousand besides Indians, being a common
place of rendezvous. At or near this place are the
Outawas settled. From Lake Huron they pass by
the strait Misilimakina 4 leagues being 2 in breadth,
and of a great depth to the Lake Illinois, thence 150
leagues on the Lake to Fort Miami situate on the
mouth of the River Chigagow. This fort is not
regularly garrison'd, from hence came those Indians
of the same name vizt. Miamies, who are settled on
the aforementioned river that runs into Erie. Up
the River Chigagow they sail but 3 leagues to a portage
of a quarter of a league, then they enter a small Lake
of about a mile, and have another very small portage,
and again another of 2 miles to the River Illinois,
thence down the same 130 leagues to Missasippi. The
third is from Misilimakina on Lake Illinois to the Lake
des Puans 90 leagues, thence to the River Puans 80
leagues, thence up the same to a portage of about 4
miles over to the River Ouisconsing, thence 40 leagues
to Missassippi. From the mouth of Ouisconsing to
the mouth of the River Illinois is reputed about 150
leagues on Missasippi, and from thence to the mouth
of Ohio 70 leagues etc. These distances are as the
traders reckon them, but they appear to be generally
overdone, which may be owing to those people's
coasting along the shores of the Lakes, and taking in
all the windings of the rivers. The French use their
utmost endeavours to bring over all the Indians into
their interest, the Iroquese or five Nations have stood
chiefly in their way, but by their Jesuites and other
means they daily debauch them from t^e English.
The number of the whole is not now above 2000 fighting
men, of which the French have drawn over 700 to
inhabit amongst themselves, vizt. 400 seated at the
Fall of St. Louis on the south side of St. Laurence and
300 on the north side, the rest of them are planted
chiefly along the Lake Ontario at some distance from
it. There are no Indians in the French interest on
this side of St. Laurence nearer than the Miamies or
Twechtwese as the Iroquese call them who are about
2000 seated chiefly on the aforementioned river
Miamis flowing into Lake Erie and on or near the
, branches of Oubache. The Illinois are about 3,000 men
on and near the river of that name. The Misilimakinaes
or Outtawas were formerly 3000 but now are scarce 500.
The Nokes 100, the Fellesavoins 200, the Sakes 200, the
Puans 600. All these joyned with the French against
the Iroquese, and all of them except the Mimaies are
Wt. 441 C.P. XXXVIII 5
66 COLONIAL PAPERS.
1731. [89. ii]
seated about or near to the Lake Illinois, which is now
commonly calPd by them Mechegan, and on the rivers
that run into it, and on Lake Puans and the River
Illinois. There are also divers other nations between
Mechegan and Missasippi, as the Renards or Foxes,
Massekobins, Kikapous, but these being further off,
did not joyn the French against the Iroquese. On
Missasippi and the branches of it there are many great
Nations, especially to the West as the Missouris,
Ozages, Acansias, who are different from those of
Acansa on the East, with many more, not less as is
affirmed, than 60,000 men, with all of whom the French
have peace and some alliance. On the other hand all
the English to the northward of Carolina have not
1500 men in their interest excepting the Iroquese. In
New England and Connecticut they have very few.
In New York they have only the River Indians besides
the Iroquese. In Jersey and Pensylvania their own
or home Indians called Delawares are exceedingly
decreased, and being in subjection to the Iroquese
take their rules from them. In Maryland and Virginia
there are very few, excepting those whom Colonel
Spottswood with great industry has lately established
there. Those of Carolina and the nations lately in
friendship have been very numerous. But the
Iroquese, whether prompted by the French, or
from what other cause is not yet known, have of
late years made great inroads upon them, and cannot
as yet by any endeavours of the English be diverted
from it. But of all these people the best accounts will
naturally come from Carolina.
The methods that may be proposed to prevent the
designs of the French seem to be these, (i) To use all
reasonable endeavours to preserve the Iroquese, tho'
the English of Virginia and Carolina are very much
incensed against them, and the French endeavour to
animate all the other English to the northward in the
same manner, as being a bloody, barbarous and
imperious people, at the same time that they them-
selves cajole them, and endeavour by all means to
make them their own. Yet their preservation seems
to be of vast importance to us. (ii) To encourage the
Government of Virginia to extend their settlements
beyond the mountains, over which the present
Governour has happily discovered passes, and to build
some forts on Lake Erie with the concurrence of the
Iroquese settled not far from thence : Colonel Spottis-
wood had this in view, till discouraged by the repeal
of their act for the Indian trade, the consequence of
AMERICA AND WEST INDIES. 67
1731. [89. ii]
which act 'tis doubted was not clearly enough under-
stood, (iii) To encourage and support the trade of
South Carolina who have very good opportunities of
making alliances with all the Indians to the southward
of the Lakes, and to the east of Missasippi. To which
their grant from the Crown gives them a very good
claim, (iv) To give such orders and instructions to
the Governours that they take special care of the
commerce with the Indians, that while they endeavour
to promote the trade of their own people, they shall
do nothing to weaken the interest of other Colonies
to which traders are too subject ; gain being their
only view. By these means all the Indians, with
whom we have any commerce, may be very much
united to the British interest, for the Indians being
supplied generally with better goods (excepting fire
arms, powder and some trinketts) and at easier rates
by the English than the French, they will choose to
deal with us rather than with them, and their interest
in this is commonly the strongest tie upon them.
The French indeed seem to exceed us in industry, and
in accommodating themselves to the humours of those
barbarous people, and they have now a vast number
of bold expert traders whom they call coureurs de bois,
who generally are as capable of the fatigues of long
journeys and fighting by ambush in the woods, the
common way of making war amongst them, as any
of the savages : Yet some of Virginia and Carolina
have shewn that they are scarce to be exceeded that
way. Endorsed: Reed. 28th Sept., 1731. Read 4th
Oct., 1732. - pp. [C.O. 5, 1268. ff. 99, 100-1 02u.,
103, 104U-111, II2v.]
[March 90- Petition of inhabitants of Newfoundland to the King.
15]. Represent their sufferings during the late war, when many lost
their lives or substance by famine and the sword etc. Continue :
Since the Peace, by your Majesty's great goodness and
paternall care over us. we have been able to gather together
a few straglinge pence to support our lives in this cold remote
and desolate land, and the unhandsome usuage of a great many
masters of shipps by our letters between us and our corres-
pondents in England. They have broke up or otherwise
destroy'd, so that we are not able to have our goods at the
first price but are obliged to buy them of such masters at an
extravagant price etc., otherwise we might have been able to
have made other improvements in this land, had the light of
your Majesty's countenance shone upon us. For there is a
great part of this land by industry might be cultivated and
improved, and might be able to produce flax and hempe. Pray
68
COLONIAL PAPERS.
1731. [90]
that it may be sent home freight free so as to be sold as cheap
as that from other nations etc., and for H.M." Letters Patents
in Great Britain and Ireland by a brieffe that we might be able
to aske the charitable almes of all etc. for erecting churches and
maintaining clergyman in this great uncouthed and solitary
wilderness, that we might be the better able to praise and
magnifie the name of our great and gloriouse Creator etc." 77
signatures, mostly marks. Oct. 30, 1730. 3 pp. gummed to-
gether. [C.O. 194, 23. 2Vo. 41.]
March 15. 91. Duke of Newcastle to Lt. Col. Armstrong. Encloses
Whitehall. King's Order following. Continues : I am to signify to you
H.M. pleasure, that upon the receipt hereof you forthwith repair
to Nova Scotia, and that as soon as you arrive there you deliver
H.M. Order to Col. Philips ; and you are upon his leaving that
Province, to take upon you the Government of it during his
absence etc. You are to observe his Instructions as if they
were directed to yourself. Signed, Holies Newcastle. Copy.
1 p. Annexed,
91. i. The King to Governor Philips. St. James's. 15th
March, 1731. Whereas it has been represented unto
us by Our Board of General Officers, that there are
great debts owing to the Officers of your Regiment
by yourself and the late Agent, and that in order to
adjust and satisfy those demands it is necessary, that
you should come home, Our will and pleasure therefore
is, that upon the receipt hereof you return unto Our
Royal presence ; and for the good Government of
that Our Province during your absence, We have
directed Our trusty and well-beloved Lawrence
Armstrong, Our Lieut. Govr. thereof, forthwith to
repair thither ; and We do hereby require and com-
mand you to put into his hands Our Instructions etc.
to you etc. Countersigned, Holies Newcastle. Copy.
[C.O. 324, 36. pp. 265, 266.]
March 17. 92. Governor Hunter to the [? Duke of Newcastle]. Since
Jamca. my last, a copie of which is inclos'd, the several companys of
two regiments have been sent to their respve. quarters where
it was judg'd they might be of most use, and barracks built,
where there are not finisht they are quarter'd by the parish'oners.
The private men are generally in good health and condition,
but of the officers, Major Brandreth, and Captn. Moloy of Coll.
Hayes, and Capt. Ballenden and Lieut. Sutton of Coll. Cope's
regiment are dead. That the service may not suffer, upon
application from the commanding officers, etc., I have order 'd
out commissions etc., detailed. Continues : The officers are
preferr'd according to their seniority and service, and I hope
H.M. will confirm their commissions. There are absent three
AMERICA AND WEST INDIES.
69
1731. [92]
Captains and 7 subalterns. Our countrey party, consisting of
about 180 men were march'd from their place of rendezvous
before the regiments arriv'd. They had the luck to surprize
the chiefe negro setlement in the neighbourhood of Port Antonio
gott into the town with the loss of two men and a few wounded
the negro's set fire to that part of their town next to the
mountains and fled thither under the cover of the smoak. Our
party did not pursue but kept in the town three days and on
the fourth burnt it consisting of a hundred and six houses, and
retir'd to Port Antonio : I have order'd them immediately back
thither, if the officer finds them in good heart and willing, if
otherwise, to disband them : for they left it contrary to my
orders and have not taken one pris'ner. By the advice of the
Council and at the desire of the most substantial merchts. and
inhabitants, I have dissolv'd the Genii. Assembly, issu'd writts
for calling a new one, and our elections begin to-morrow. If
the gentlemen who desir'd the dissolution will exert themselves
we may hope for a better, but it can not well be worse : men of
desperate fortunes who want protection, and some of desperate
principles who want confusion will ever be the most active
and industrious to gett in but I hope the people's eyes
are opened etc. Will write by Capt. Dent, who is to depart
soon etc. Signed, Ro. Hunter. Endorsed, R. May 18th.
Holograph. 2f pp. [C.O. 137, 53. ff. 328-329t;.]
March 17. 93. Mr. Popple to Mr. Fane. Encloses for his opinion
Whitehall. i n point of law, seven Acts of the Massachusets Bay passed in
1730. [C.O. 5, 916. pp. 404, 405.]
March 19. 94. Memorial of loss and damage (475) sustained by
Abraham Van Vleck, Jacobus and Jesse Kiersted of New York,
owners of the Two Brothers sloop and part of her cargo of
provisions, taken near Carolina on 22nd Aug., 1727, by two
Spanish privateers. Affirmation, signed, Jo. Belch of London,
Druggist. 2 \ pp. Endorsed, Reed, (from Joseph Belch) 19th
April, 1732).
94. i.-vii. Depositions relating to foregoing. Copies. 6 pp.
[C.O. 388, 93. Nos. 21, 21 i-vii.]
March 20. 95. Governor Hunter to the [? Duke of Newcastle]. Refers
Jamca. to letter of 17th. Continues : Coll. Hays dy'd last night at
Port Royal : I most humbly intreat and hope for your Grace's
recommendation to H.M. for the command of that Regiment.
I think I am the only Genii. Officer in actual service without
one, and if a great deale of additional trouble and expens can
add any weight to my clame I assure your Grace I have both
etc. Will write by a ship of war which will sayle soon etc.
Signed, Ro. Hunter. Endorsed, R. 14th May. Holograph.
1 p. [C.O. 137, 53. ff. 330, 381i>.]
70
COLONIAL PAPERS.
1731.
March 22. 96. H.M. Warrant appointing James St. John, Surveyor
St. James's. o f l an d s in S. Carolina, and Inspector of Quit Rents and North
and South Carolina, at 100/. per ann. Proclamation money of
Carolina, during pleasure. Countersigned, R. Walpole, Wm.
Clayton, Wm. Yonge. Copy. [C.O. 324, 49. ff. 65-67.]
March 22. 97. Mr. Fane to the Council of Trade and Plantations.
Has no objection to five of the acts of Jamaica submitted to
him, but as to the sixth, for the better regulating slaves etc., refers
to the objections stated in enclosed memorial, and concludes :
Considering the circumstances of this family and the hardships
they must necessarily lye under in case this act passes into a
law : there ought at least to have been a particular exception
of them out of the act. But as that has not been provided for
I must submit it to your Lordships' consideration whether this
act ought to be confirmed. Signed, Fran. Fane. Endorsed,
Reed. 30th March, Read 6th July, 1731. l pp. Enclosed,
749. i. The case of Francis Williams, v. 30th June, 1731.
3 i PP- [C-O- 13 ?, 19. ff- 31-88i>,
March 24. 98. Order of Committee of Council. Referring following
Whitehall, to the Council of Trade and Plantations for their report. Signed,
Ja. Vernon. Endorsed, Reed., Read 25th March, 1731. 1 p.
Enclosed,
98. i. Petition of Sr. Joseph Eyles, Jonathan Perrie, John
Drummond and Thomas Watts, in behalf of themselves
and several other merchants and traders of the City of
London, to the King. There is a certain tract of land
in New York containing 62,000 acres, commonly called
the ' Equivalent land ' because the same was formerly
taken from the Colony of Connecticut, in lieu of the
like quantity yielded to that Colony by the Province
of New York upon the settling of their respective
boundarys, which tract of land is scituate between the
antient easterly bounds of New York upon the main
land, and the present westerly bounds of Connecticut,
bounded towards the north by the south line of the
Colony of the Massachusetts Bay at about twenty
miles distance from Hudsons River etc. The said
tract hath never yet been granted to any person by
the Crown, but if the same were duly settled and
improved under a grant thereof from your Majesty,
it might be rendered greatly advantagious to this
Kingdom in the production of hemp, pitch, tarr, and
other kinds of naval stores, and is well scituated for
cultivating a furr trade with the Indian Nations in
that neighbourhood. Propose to settle it with 100
persons within 7 years and more as they find encourage-
ment, and to pay 2s. 6d. per 100 acres, the same quit-
AMERICA AND WEST INDIES.
71
1731.
March 24.
March 25.
March 26.
Whitehall.
March 26.
Charles
Town.
March 26.
Charles
Town.
[98. i]
rent as is reserved in all grants of lands in New York.
Pray for H.M. grant etc. Signed, Joseph Eyles, Jona.
Perrie, John Drummond, Tho. Watts. Copy. 2 pp.
[C.O. 5, 1055. ff. 149, 150, I50v., 152u.]
99. Thomas Lowndes to Mr. Popple. Abstract. Excuses
himself for giving trouble, having only been able to peruse the
Act of S. Carolina for settling Courts of Justice that day etc.
Cf. 6th Oct., 1730. Requests that directions may be given,
in relation to the clause requiring security for the Provost
Marshall, agreeable to the Board's intentions expressed that
day etc. Cf. Journal of B. of T. Signed, Tho. Lowndes.
Endorsed, Reed. Read 26th March, 1731. Addressed. If pp.
[C.O. 5, 362. ff. 14, 14u., I5v.]
100. Petty Expences of the Board of Trade, Christmas
1730 Lady day, 1731. (v. Journal). 6 pp. [C.O. 388, 80,
Nos. 1-4.]
101. Council of Trade and Plantations to the Lords Com-
missioners of H.M. Treasury. Request payment of Office
expences and Officers' Salaries for quarter ending Lady Day.
Account annexed. [C.O. 389, 37. pp. 323, 324.]
102. Governor Johnson to the Council of Trade and
Plantations. By this conveyance, I have at the desire of the
Council and Assembly, transmitted to his Grace the Duke of
Newcastle, their humble address to his Majesty. The Assembly
are fallen upon business and am in great hopes I have brought
them to a disposition to settle the distracted affairs of the
Province, but nothing is yet brought to maturity, so as to
transmit to your Lordships. The Assembly insist upon the
priviledge of appointing their own Clerk ; I apprehend it is
H.M. Prerogative to appoint that and all officers, and I insisted
upon it with them ; but they plead custom, and having always
been allowed that priviledge, both in the Proprietors and Mr.
Nicholson's time, and given instances of Barbados and other
Colonies in America, having the same ; at last I told them I
would dispence with their doing it for the present, till H.M.
pleasure should be signifyed to me thereupon. I therefore beg
to be particularly instructed on this head. Signed, Robt.
Johnson. Endorsed, Reed. 1st June, 1731. If pp. [C.O. 5,
362. ff. 37, 37v., 40t;. ; and (abstract) 36 ; and 5, 406. pp.
27, 28.]
103. Same to the Duke of Newcastle. Duplicate of pre-
ceding, with addition of P.S. I am in hopes Mr. Fury's affair
will be done. Signed, Robt. Johnson. Endorsed, R. May 24.
2 pp. Enclosed,
72
COLONIAL PAPERS.
1731.
103. i. Address of Assembly of South Carolina to the King.
March 1st, 1730. Return thanks for appointment of
Governor Johnson, whose ability and good will have
gained him the hearts of all H.M. good subjects etc.
Return thanks for H.M. remission of the arrears of
quit-rents, the continuance of the present bills of
credit, and " for that unspeakable benefit and liberty
of enlargeing our currency in proportion to our trade :
which has dissipated all our fears, releiv'd us under
all our necessities, and given us a most ample prospect
of being made perfectly easy, and happy, under H.E.
administration." Signed, John Lloyd, Speaker ; and
30 members of Assembly. 1 large p.
103. ii. Address of the Lt. Governor and Council of S.
Carolina to the King. Return thanks for H.M. taking
the Province under his protection and appointing Mr.
Johnson, Governor, with whose great abilities and
good inclinations they are well acquainted etc. Signed,
Fra. Yonge and 9 others. 1 large p. [C.O. 5, 388. ff.
33, 33v., 34v. ; (covering letter only) ; and (without
covering letter) 5, 383. ff. 268, 269.]
March 26. 104. Council of Trade and Plantations to the King. In
Whitehall, reply to March 10th, recommend that Mr. Ayscough be restored
to his place and antient rank in the Council of Jamaica upon
the first vacancy, he now intending to return, and having
behaved with commendable zeal when the Government
devolved upon him etc. (Set out, A.P.C. III. p. 312.) [C.O.
138, 17. pp. 308-310.]
March 27. 105. Mr. Fane to the Council of Trade and Plantations.
Has no objection to 8 acts of the Massachusets Bay, 1730.
Signed, Fran. Fane. Endorsed, Reed. 30th March, 1731, Read
16th Jan., 173f. N.B. These Acts were not referred by
Order in Council. l pp. [C.O. 5, 876. ff. 2, 2v., 5v.]
March 27. 106. Governor Worsley to the Duke of Newcastle. As I
Barbadoes. conceive no words can represent the state of this Island, and
the conduct of the present General Assembly so clearly, and
justly, as their own votes, I have the honour of transmitting
them herewith to your Grace, from the first meeting of the
present General Assembly, to the 19th instant inclusive : this
last day of their meeting they passed a petition to H.M. upon
the subject matter of the report of the Committee appointed
to prepare a representation of their grievances, which report
is set down at large in their foregoing Minutes of the 15th of the
last month, but as to their petition I have not seen a copy of it.
The report setts forth the former petition made to H.M. against
me by the Assembly in 1728, which they now repeat again under
AMERICA AND WEST INDIES. 73
1731. [106]
pretence that they did not know that that petition had been
preferred to H.M., but they are informed, that it was transmitted
to Great Britain in order to be preferred, but miscarryed for
want of proper Agents to sollicite the same. I was very much
surprised on reading these votes for I thought, it was notoriously
known, that it was not only preferr'd, but was order'd by H.M.
to be heard by the Lords for Trade etc. together with my answer,
and accordingly was heard, and the petition dismissed : but I
suppose this repetition of what they could not prove is to be
imposed upon the world, as an undoubted proof of the truth of
it. I can't help being amazed at their bold assertion in relation
to the conduct of the Gentlemen of H.M. Council here, who,
they say, " far from making the laws of the land, and the good
of their country the rule of their conduct, have acted of late,
as if they looked upon themselves indispensibly obliged to
concurr with H.E., in every attempt of his upon our liberties,
and properties ; " and in their foregoing votes of the 15th
of January last, they treat them as incendiaries. But whoever
considers the conduct of the Assembly for these three last years
in relation to the tax granted to H.M. for supporting the honour
and dignity of the Government, as well as by their own votes
would be apt to think that they accused the Council of what
they were guilty themselves. In their address to me they say
that if any deficiencies have happen'd in the collecting the tax,
the same " have proceeded from the miserable poverty of the
people, who thereby are forced to defend themselves against
the rigorous prosecutions, they are daily threatened with " etc.
(v. C.S.P. 27th Nov., 1730), and perhaps they may construe
any prosecution upon this head, as attempts upon their libertys,
and properties ; so that had H.M. Attorney General here prose-
cuted every one for H.M. tax who had not paid nor had given
in the number of his negro's to his representative or who had
not been returned by him a defaulter (for against these the
Treasurer by the law is not impower'd to issue his warrant
within four months after the time of payment, nor are these
persons after the said time discharged of the duty, but only
those against whom the law empowers the Treasurer to issue
his warrants, which has already been represented to H.M. in
the address of the Council) they might have called it a rigorous
prosecution, which would be a very absurd construction of the
law, as if any one's neglect, or refusal to deliver in the list of his
negro's as by the law he is obliged cou'd exempt him from the
duty, upon the whole I am most humbly of opinion that if an
order was sent to H.M. Attorney General here to sue every body
who had not paid their tax for these two last years, and against
whom the Treasurer is not empower'd by the law to issue his
warrants for the same, after a convenient limited time was
allowed them for the payment thereof, I am satisfied the country
would be soon quiet, for the people are daily expecting it, and
74 COLONIAL PAPERS.
1731. [106]
say if this be the King's tax, and we ought to pay, how comes
it that there is not an order to oblige us to pay. In my letter
of 16th Jan. etc., I mentioned an expedient I could have wished
the Assembly would have come into, not that H.M. tax could
not have been recover'd by due course of law, but out of
tenderness to the inhabitants of this Island, for if H.M. Attorney
General here was to sue in the Exchequer every body that had
not paid his tax the expense of such a prosecution would fall
heavy especially on the poor people. Another insinuation in
the report is, that Mr. Webster holds the office of Secretary under
Francis Whitworth Esq. in trust for me, and therefore I had
recommended to the Assembly the fragment of what was due
to him, your Grace knows that what I did upon this head was
in obedience to H.M. orders in Council, not only for what was
due to my Lord Micklethwait and Mr. Whitworth, which was
from April 1714 to 1st March, 1726, but also for the future for
what ever shall become due to the Secretary for such services
as shall be performed by him for the publick. But your Grace
will observe by their votes of 19th instant how differently they
act in favour of their own officers, they there pass a petition to
me unanimously for the payment of 24,21. 6s. 7d. for their Clerke,
tho' by their Minutes of the 4th Nov., 1729, his salary is settled
for the said year at 1501. and 501. for publishing the votes in
the four towns of this Island. By the same annual proportion
there should be due to the Clerks of the Council from March,
1714 to 26th March, 1729, 3878Z. Os. 4d., tho' their accounts
come to but 2823Z. 16s. Qd. besides 3001. , which was paid to Mr.
Lenoir a former Deputy Secretary, which would make the whole
sum 3123Z. 16*. 9d. The report further sets forth, that of all
their grievances, that of the encrease of the French trade and
power is the greatest, and that it will be proper forthwith to
prepare an humble address to his most Gracious Majesty for
redress therein, and that accordingly a petition had been
presented, but, they say, they know too, that that petition had
been opposed at the Board of Trade by me and that my Agent
Mr. Sharpe was now opposeing the same ; what I have wrote
I thought it was my duty to do, I stated the facts truly, and
because Mr. Sharpe transacts my affairs in England, is he to act
for nobody else that will employ him ? And as it is notoriously
known that he is employed by one of the Northern Colonys,
a jealous mind might imagine, that this is mentioned to make
me odious to the inhabitants. As the Assembly, and they who
oppose the payment of H.M. tax have entertained of late great
hopes of Mr. Othniel Haggats being a Counsellor, tho' I could
say much upon that head, I need only refer your Grace to their
own votes by which your Grace will see the part that Gentleman
has acted. I dont know any two Gentlemen in the Island, that
have been more zealous against the payment of the King's tax,
than Mr. Ashley, and he etc. The Guarda da Costa of Martinico
AMERICA AND WEST INDIES.
75
1731. [106]
about a month since went into the Carnache, a port in Sta.
Lucia, where vessells generally resort to carry on a clandestine
trade with the French inhabitants of Martinico, and meeting
with a great many English vessells, he seized them all, as soon
as I was informed of it, I wrote to the Governor of Martinico,
that he would restore them, but I have not yet his answer ;
however there is a report, that they were condemn'd in the
Admiralty Court there, from whence they had appealed to the
Governour and Council. I must observe upon this head that
some time before this accident happen'd a French Guarda da
Costa went in there, and one of the English vessells that were
there, fired at her, and lodged a shot in her bow, upon which
he return'd to Martinico to make his complaint, and the next
day a French man of war was sent thither, but not finding the
vessell, which had fired at the Guarda da Costa, he returned
without injuring any that were there etc. Encloses duplicate
of Excise Act and Minutes of Council and Assembly and of
Committee of Publick accounts etc. Signed, Henry Worsley.
7 pp. [C.O. 28, 45. ff. 179-182i;.]
March 27. 1 07. Governor Worsley to the Council of Trade and
Barbadoes. Plantations. Duplicate of preceding, mutatis mutandis. Signed,
Henry Worsley. Endorsed, Reed., Read 20th May, 1731.
7 pp. Enclosed,
107. i. Minutes of Committee of Publick Accounts, 10th
Jan. 12th March, 1731. Same endorsement. 31 pp.
107. ii-iv. Treasurer's account of excise and imports of new
negroes, 27th Nov. 1728 27th May, 1730. With
a state of the Publick Debts, 19th Jan., 1722-1729.
Sworn by, Burch Hothersall, Treasurer, 25th Nov.,
1730. The whole endorsed as preceding. 40 large pp.
[C.O. 28, 22. ff. l-llv., I3v., 14, 15-20, 21-23i;.,
24i;.-40t;., 41t>.-47, 4>8v. ; and (enclosure i only) 28,
40. No. 13.]
March 29. 108. Council of Trade and Plantations to the Committee
Whitehall. o f the Privy Council. Reply to order of 24th inst. Agree to
proposal of petitioners, Sir Joseph Eyles etc., for a grant of
62,000 acres in New York known as the Equivalent land at a
quit-rent of 2*. 6d. per hundred, on condition that 3 in every 50
acres are cultivated within 7 years etc. (Set out, A.P.C. III.)
p. 314, q.v. [C.O. 5, 1125. pp.* 156-158.]
March 30.
Whitehall.
109. Order of Committee of Council. H.M. in Council
having referred to the Committee the representation of the
Lords Commissioners for Trade etc. of 9th Feb., proposing the
Governor and Surveyor of the Woods in Nova Scotia be
empowered to grant lands as there described, the Committee
76
COLONIAL PAPERS.
1731. [109]
approving of, order the Board of Trade to prepare Instructions
for them accordingly. Signed, Ja. Vernon. Endorsed, Reed.
3rd, Read 6th April," 1731. 1 p. [C.O. 217, 6. ff. 29, 881;.]
March 30. 110. Mr. Fane to the Council of Trade and Plantations.
In reply to Queries of Jan. 12th, is of opinion (i) that the powers
given to the Fishing Admirals and the civil magistrates are
entirely distinct ; The Fishing Admirals have no powers but what
arise from the Act of the 10th and llth of K. William III and
those confined to the fishing, and the Justices can no more
interfere with them in regard to such powers, than the fishing
Admirals can interfere with the Justices in the powers given
them by their commission, (ii) That the former have no power
to send warrants to the constables or commit to prison or the
stocks. They are indeed by said Act directed to see that law
put in execution, but there is no power to be given by that law
to levy penalties or inflict punishments. The want of it, is
certainly a defect etc. Thinks the Fishing Admirals are sub-
ordinate to the Justices in everything but what relates to their
fishing authority, (iii) " I apprehend that aU the statute laws
made here previous to H.M. subjects settling in Newfoundland
are in force there : it being a settlement in an infidel country :
and as to the laws passed here subsequent to the settlement,
I take it they will not extend to this country unless it is particu-
larly mentioned, (iv) I do not think the Governour himself
can act as Justice of the Peace, for I observe the power from His
Majestic is only to appoint fit persons for the administration
of Justice." Signed, Fran. Fane. Endorsed, Reed. 30th March,
1731, Read 9th March, 173|. 2 pp. Enclosed,
110. i. Copy of Governor Osborn's Commission.
110. ii. Copy of Governor Osborn's Commission to Justice
of the Peace. [C.O. 194, 9. ff. 140-148, 1490.]
March 30. 111. Mr. Popple to Mr. Burchett. In reply to 4th Feb.,
Whitehall, encloses Heads of Enquiry for Capts. Clinton and Waterhouse.
[C.O. 195, 7. p. 256.]
[March 112. Petition of Jacob Stauber, John Ocks, Ezekiel Harlan
30]. and Thomas Gould to the Council of Trade and Plantations.
Stauber and Harlan have lived upwards of 20 years in Pennsil-
vania following husbandry of which they have a perfect under-
standing. Stauber lately took a journey into [? Virginia on
purpose to make a search after some uninhabited land behind
the mountains of that Province, which are above 30 miles over,
and but one place fit for a road. After he had passed these
mountains with much pains, great difficulty and hazard of life,
without any company or seeing any Indians in all his travels,
he spent three months time to view the soyl and situation of
the land lying westward to the said mountains towards
AMERICA AND WEST INDIES. 77
1731. [112]
Missisipy river, which land he found to be good pasture ground
fitt for planting of vineyards on the side of the mountains, and
a very good soyle for hemp, flax, and all sorts of grain, a proper
climate [? to prod]uce silk and a good prospect to make salt
petre and potash. Your Lordships are doubtless fully per-
swaded that it will be a great importance to the Crown and
interest of the Nation that these Dominions may be enlarged
beyond the mountains to the West for the following considera-
tions : If it is neglected to extend the bounds of Great Britain
beyond the mountains to the west, it is probable that the French
in a short time may take possession thereof. In settling a
colony beyond these mountains extending as [? far] as the river
of Missisipy, the French settlements of Missisipy and Canada
would thereby be prevented to join together, as their intention
is, which will be of great prejudice to this Kingdom. The
strength of the subjects of this Kingdom in America would be
considerably encreased by carrying over a great number of
Germans and Swiss Protestants who will be chiefly such as can
provide for themselves at [? their own]n charge, which are also
reputed to be a good Militia. This colony would be obliged to
apply themselves chiefly by reason of the distant land carriage
upon such productions as are very much desired in this Kingdom,
vizt., hemp, flax, silk, potash, salt petre, with other valuable
commodities in which the Germans and Swissers are particularly
skilled in (except the silk), the expectation of which commodities
from other colonies [? has been] hitherto not answered, it would
also considerably augment our trade by consuming a good
quantity of the manufacture of this Kingdom, and employ
m[?wc/& ship]pmg etc. Pray the Board to recommend the
Government to grant them a joint patent of a free grant of a
tract of land to begin at the Double Top Mountain by Hawks
Bill Creek including the mountains through which the road
is to be made, to go thence northwards in a line to the border
of Pensilvania and behind the same, to make the whole breadth
200 miles, thence in a straight line to the Missisipy etc.
Petitioners undertake the settlement of this colony without
any charge to the Government, which hitherto no person has
attempted to undertake etc. Will make a road 30 miles long
through the mountains, and for security against the Indians
will purchase the land and friendship of them with considerable
presents etc. " Being so far separated from Virginia, by the
mountains 'tis humbly desired that it may be a separate Colony
and Government under the [? na]me of Georgia. Stauber, who
has employed much time and expences in searching out this
land and making a voyage hither, prays for a speedy decision,
intending to go without delay to Germany and Switzerland to
get people to go with them to Virginia etc. Endorsed, Reed.,
Read 30th March, 1731. 1 large p. Torn. [C.O. 5, 1322.
ff. 101,
78 COLONIAL PAPERS.
1731.
March 30. 113. Mr. Popple to Mr. Burchett. Encloses Heads of
Whitehall. Enquiry which the Admiralty are desired to give as Instructions
to Capt. Waterhouse of H.M.S. Winchelsea appointed to guard
the Fishery at Canso. Annexed,
113. i. Heads of Enquiry for Capt. Waterhouse. You are
to give all due encouragement and protection to the
trade and fishery at Canso, and transmit the fullest
account you can get thereof etc., as likewise distinct
answers to the following queries, (i) Whether the
inhabitants are possessed of any stages, cook-rooms
etc. or of any trainfats ? if so, by what title or whether
they are left at large for fishing ships ? (ii) Whether
any persons do presume to expunge, cut out, deface or
alter the mark of any boats or trainfats of other
persons and convert them to their own use or remove
the same from the places they were left in by the
owners ? (iii) By what people is the Fishery carried
on ? And whether any strangers or aliens do resort
to Nova Scotia or the Islands adjacent thereunto and
take bait or use any sort of trade or fishing whatsoever
in those parts ? (iv) Whether the said Inhabitants
are wholly supplied with sail cloth, nets and tackle for
their fishery, and with woollen, linnen, leather and
other manufactures, for their use ard wear, from this
Kingdom ? Or from the Plantations or any foreign
country ? (v) What wages do the inhabitants allow
to their servants for carrying on the Fishery ? And
in what manner do they pay them ? (vi) How much
the charge of fitting out and maintaining one of their
fishing boats, for the whole season amounts to ? (vii)
What number of inhabitants are settled near the coast
where the Fishery is carried on ? What share have
they in the Fishery ? And how they employ them-
selves during the remainder of the year ? (viii)
Whether the houses, buildings and inclosures of the
inhabitants are at such a distance from the water side
as not to hinder or obstruct the fishermen in making
their flakes, or in drying and curing their fish ? (ix)
How many flakes are allowed to each fishing boat and
of what length ? Whether they are extended in length
according to the custom used in Newfoundland from
the shore up into the land ? Or whether any of the
inhabitants or fishermen extend their flakes along
shore or possess a larger front to the water side accord-
ing to the number of their boats than was formerly
allowed at Newfoundland in that case ? (x) Whether
the fishing ships that proceed directly from this
Kingdom to Nova Scotia are victualled here and
provided with all other necessaries of British product
AMERICA AND WEST INDIES. 79
1731. [113]
and manufacture for the whole voyage ? Or whether
the masters of freighters do not furnish themselves
with provisions that are brought from the Plantations
or other parts to Nova Scotia ? (xi) Whether any of
the fishing ships pursue or follow the old laudable
custom of allowing their ships' company shares of
what they make in the voyage instead of wages, and
in such case how much doth the change of fitting out
and maintaining a ship of one hundred with fifty men
and ten boats amount to for the whole voyage ? (xii)
How many taverns or publick houses for entertainment
may there be kept in Nova Scotia or at least in the
harbour of Canso ? Are they kept only by the
inhabitants or by the people of New England ? \lso
do they trust the fishermen upon their own credit or
do the masters of the ships permit them to trust their
crews and deduct the same out of their respective
wages, hire or shares in order to satisfy the said tavern
keepers ? Are not the poor seamen hereby tempted
to spend the greatest part or the full amount of their
wages, and frequently run so far in debt, that they
are forced to remain as servants to the inhabitants,
and at last constrain'd to betake themselves to New
England ? (xiii) Whether the inhabitants do not
usually trust their own servants employ'd in the
Fishery with rum and other stores to a greater value
than their wages amount to ? And whether they are
not generally paid in the manner as in the foregoing
article ? (xiv) Whether the New England traders do
still continue to entice and carry thither numbers of
handicraft men, seamen and fishermen ? And whether
any of the inhabitants do favour or assist them therein.
Continues : And whereas H.M. Consuls and the
merchants residing in Portugal, Spain and Italy
unanimously complain, that by reason of the ill curing
of fish for some years past the consumption thereof is
considerably lessen'd and that the trade will be lost
if effectual care be not taken to reform the same, you
are therefore to use your best endeavours that the
masters of the fishing ships and inhabitants do take
the greatest care in curing their fish with good salt,
and with a sufficient quantity and in preparing,
husbanding and ordering the same that the credit
thereof may be again recovered and esteemed in the
several places for which it is carried for sale. And
further upon this occasion you are very particularly
to inquire into their manner and method of taking
and curing their fish, what quantity of salt they allow
for curing 100 quintals ? Whether they are guilty
80
COLONIAL PAPERS.
1731. [113]
of any abuse in the ordering thereof ? Whether the
fish taken at a distance from the land by their small
vessels, is not prejudiced before it is brought on shore ?
Whether the inhabitants or the fishing ships are most
to be blamed ? And in short from whence these
complaints arise ? And what methods are to be taken
to prevent or rectify whatsoever is amiss ? You are
also to enquire into the present state of the French
Fishery at Canso and Cape Breton, What number of
ships, boats and men they employ therein ? Whether
they do not encourage Irish Papists who are disaffected
to our present happy establishment and what number
of such may now be among the French. And to send
the best account you can of their strength number and
trade. You are farther to enquire whether any of the
Officers of the garrison at Canso are concerned directly
or indirectly by themselves or others in the Fishery ?
Or whether they take upon them to dispose of fishing
rooms, beaches, stages etc. to any person whatsoever
or hire out the soldiers to fish. Annexed,
113. ii. Scheme of the Fishery at Canso for 1731. [C.O. 218,
2. pp. 237-246.]
April 1. 114. A list of the accounts or information received by the
Council of Trade of the manufacture of woollen, linnen, and
cotton cloths in New England, New York, New Jersey,
Pennsylvania and Rhode Island, and of the Instructions given
to the several Governors thereupon, and of such accounts of
the progress made in the sd. Provinces in the planting hemp and
flax as have come to their knowledge. Laid before the House
of Commons. [C.O. 5, 916. pp. 405-407.]
115. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, five Acts of Bermuda, 1730 : (i) for extirpating
all free Indians, mulattoes (such as have been slaves and freed
or to be freed) so as they do not remain in these islands above the
space of six months etc. (ii) to prevent any person keeping any
drudge or other instrument to drag up oysters and muscles and to
prevent hawling or dragging up the same etc. ; (iii) for raising a
sum of mony for payment of the publick debts ; (iv) for the further
and better regulating negroes and other slaves, and for the more
effectual and speedy way of prosecuting them in criminal cases ;
(v) for the security of the subject to prevent the forfeiture of
life and estate upon killing a negro or other slave. [C.O. 38, 8.
pp. 154, 155.]
April 2. 116. Governor Hunter to the Duke of Newcastle. Refers
Jamca. to letter of March 17. Continues : The elections are not as
yet over, but so far as they are gone I think matters are mended.
Capt. Dent who is to leave us in ten days will cary with him
April 1.
Whitehall.
AMERICA AND WEST INDIES.
81
1731.
April 2.
Jamca.
April 2.
Jamca.
[116]
the acts pass'd last session, with the minutes and journals of
Council and Assembly. Last Supreme Court in Feb. one
William Wood was condemn'd to dye for the murder of Lodwick
Lardick. The Judges weighing the circumstances of the fact
have recommended him as an object of H.M. mercy. I beg
that your Grace wou'd be pleas'd to interced that he may be
inserted in H.M. next Genii, pardon. Two masters of vessels
arriv'd from the South Kays on Cuba report that the Govr. at
Havanna had demanded the treasure on board the Adventure,
Ld. Muskery, Capt., but the Chevr. de Herrera and Guiral who
were by the Genii, of the galleoons charg'd wt. ye care of
it remonstrating against that demand, my Lord refus'd to
comply with it. But the Adventure proving leaky Ld.
Muskery desir'd leave to putt the treasure on shoar to lighten
the ship, and it was accordingly lodg'd in the Custom-house,
and that the Govr. refus'd to restore it or suffer it to be
put again on board notwithstanding the protestations and
remonstrances of ye abovenamed gentlemen. Be this true
or false I had no share in the advice of sending it that or any
other way till H.M. pleasure was known. I perhaps may be
able by Captain Dent to give your Grace a more particular
acct. of this as well as other matters etc. Signed, Ro. Hunter.
Endorsed, R. May 25th. Holograph. If pp. [C.O. 137, 53.
ff. 332, 332i;, 333v ; and (duplicate, endorsed, R. 24th June)
'l37, 47. /. 93.]
117. Same to same. This letter relates wholly to the troops
here. " The private men in good condition and health, and
I hope may continue so, if we can keep them from rumm."
Repeats gist of 17th and 20th March, and request for Colonelcy
of this regiment.
Concludes : A disappointment in this may lessen the
authority my rank and station require amongst the souldiery
and prove matter of triumph to others here who wish me ill on
no other account that I can guesse at but my zeale for H.M.
service etc. Signed and endorsed as preceding. Holograph.
1 J pp. Enclosed,
117. i, ii. Lists of Commissions in the two regiments granted
by Major General Hunter. 1| pp. and 1^ pp. [C.O.
137, 53. ff. 334, 334v, 335i;, 33Qv, 338, 338v.]
118. Same to Same. This additional trouble to your
Grace serves only to inform you, that one Innis just arriv'd
from Providence tells me that he is well assur'd that the account
we had of what had happen'd to Ld. Muskery is groundlesse
and false, for he saw a person at Providence who was at Havana
when Ld. Muskery sail'd from thence, wt. the treasure. Tho'
so far it was true, the Governor had actually demanded it.
Signed and endorsed as preceding. Holograph, f p. [C.O.
137, 53. ff. 340, 341u.]
Wt 441 C.P. XXXVIII-
82
COLONIAL PAPERS.
1731.
April 2.
London.
April 2.
Whitehall.
119. Governor Hunter to Mr. Popple. This goes by
Capt. Cockayne. By Capt. Dent who is to sayle a week
hence I shall send to their Lordships the acts of last session,
the Minutes and Journals of Council and Assembly. The
Compys. of ye two Regiments are gone to their respve.
barracks or quarters. The private men in pretty good health
hitherto, but we have lost many officers etc. The elections
are not yet over, so I can make no judgement as yet of ye new
choice, but it can not be worse then ye former. I rubb on
through fatigue, vexation and expens without any other
prospect or view but that of doing my duty. I am very
sincerely Sr., Your very humble and much obliged servant.
Signed, Ro. Hunter. Endorsed, Reed. 1st June, Read 13th
July, 1731. Holograph. 1 p. [C.O. 137, 19. ff. 55, 56u.]
1 20. Council of Trade and Plantations to Governor Johnson.
We have received your letter of the 27th of December last,
with the old broad Seal of South Carolina, and take this
opportunity of congratulating you upon your safe arrival in
your Government, where we hope that by your prudent conduct
and behaviour, all those unhappy disputes and divisions which
have so much disturbed the publick tranquility of the Province,
may soon be settled. We are very glad that ye seven Cherrokee
Indian Chiefs are well satisfied with the treatment they receiv'd
whilst in England ; as it will be the means of continuing a
lasting peace with the Indian nations bordering on your
Government. Mr. Lowndes, the Provost Marshal of your
Province, having again apply'd to us against ye act for the
better settling of the Courts of Justice in South Carolina, passed
there by Mr. Middleton in 1726, we take this opportunity of
mentioning to you our objections, that you may get another
act pass'd not lyable thereto. This Act alters the first process
in civil actions from a summons to a capias ; but as in our
Law-process, a summons is always suppos'd to be made in the
first instance, we think this part of the law ought to be amended
and a summons instituted instead of the capias, and the
rather, as it will be the least expensive way of proceeding and
ye most speedy to obtain justice By another clause in this
law we observe the Provost Marshal is obliged to give security
for the due performance of his Office ; but as the Provost
Marshal seldom resides in Carolina, we think it will be more
adviseable to oblige the Deputy to give security, or to mention
it in general terms that who ever shall personally execute that
office, shall be obliged to give security. As we have no objection
to the other parts of this Law, they may be re-enacted again,
but you must take care, to insert in the new law a clause to
suspend its taking effect till approved by H.M. We hope
shortly to receive some account of ye affairs under your
managemt. [C.O. 5, 401. pp. 17, 18.]
AMERICA AND WEST INDIES. 83
1731.
April 2. 1 21 . Mr. Popple to Capt. Hyde. Since your indisposition
Whitehall, prevents your attending the Board etc., I am to send you the
following queries, and to desire the answer of the several Lessees
of the Bahama Islands thereto as soon as possible, (i) What
quantities of land are disposed of by the Lessees ? To whom
and for what term ? (ii) What is the reserv'd rent ? (iii)
What the Lessees value their lease at ? (iv) What do the
Lessees annually pay to the Proprietors ? (v) What arrear is
there of that payment ? [C.O. 24, 1. p. 195.]
Aprils. 122. Capt. Hyde to Mr. Popple. In reply to preceding,
London. encloses following replies by the Gentlemen concerned etc.
Signed, John Hyde. Endorsed, Reed. 4th, Read 7th, April,
1731. Addressed. | p. Enclosed,
122. i. Replies of the Lessees of the Bahama Islands to the
queries of the Board of Trade, (i) Lond., 3rd April,
1731. The present Lessees have never granted any
lands nor given any authorities for granting of lands
but by letters, and they have never had any
information of any lands having been granted
pursuant to those letters, (ii) v. Sept. 9th. (iii)
They value their interest at 20,OOOZ., having paid to
the old Lessees 20,000/. for the fortifications, and
other improvements made by them in, and they having
since expended in that work and in sending over
inhabitants, provisions and stores 20,OOOZ. more and
upwards, and it is apprehended there are several
million of acres of land yet unsett. (iv) v. Sept. 9th.
(v) 7001. is due to the Lords Proprietors for arrears of
rent. N.B. The present Lessees have also expended
great sums in dislodging of pirates, defending the
islands from the Spaniards, of which accounts have
formerly been laid before the Lords Commissioners
for Trade, and the great importance these islands are
of to the Crown appears in several memorials presented
to the late Queen and his late Majesty etc. 1| pp.
[C.O. 23, 2. ff. 222, 223, 223v., 225u.]
April 3. 1 23. Governor Rogers to Mr. Popple. My illnesse and other
Charles Town accidents have as yet hindred me from answering the several
querys sent me from your bord, wch. I now intended to have
done from hence, but Capt. Gascoigne, Commander of one of
H.M.'s of War and two others under his command being now
on sayleing hence for ye Bahama Islands in order to carry on
his survey of them, I shall deferre my answer till after I have
seen him etc., and viewed Cat Island, we having appointed
to meet there etc. Fears there may be some defects in the laws
sent home, " there being at our first coming together to enact
laws few Assemblymen if any acquainted with the manner
84 COLONIAL PAPERS.
1731. [123]
and form of proceedings of Assembly " etc. Continues :
1 hope whatever mistake may have happen'd will be easyly
amended. I carry with me hence a worthy clergyman and
good lawyer, wch. I hope will be at this juncture a great service
to the Colony, and I flatter myselfe I shall soon send more
agreeable accounts etc. Be pleasd to pardon this hasty scrawle.
Signed, Woodes Rogers. Endorsed, Reed, llth Sept., 1731.
2 pp. [C.O. 23, 3. ff. 75, 75v., 780.]
April 5. 1 24. Order of House of Commons. That the Commissioners
for Trade etc. do lay before this House a copy of the Act passed
in Barbados, 21st, 1715, etc., laying a duty on all foreign sugars,
molasses, rum, etc., imported into that island, etc., together
with his late Majesty's Order in Council, 17th Oct., 1717,
confirming the same, and also the 96th Instruction given to
Governor Worsley. Signed, E. Stables, Cl. Dom. Com.
Endorsed, Reed., Read 6th April, 1731. f p. [C.O. 28, 21.
ff. 156, I57v.]
Aprils. 125. Order of House of Lords. The Commissioners for
Trade etc. are to lay before this House (i) an extract of
Cadwallader Colden's report so far as it relates to the navigation
of the River of Canada, (ii) also an extract of their report to
H.M. in 1717, so far as it relates to the trade carried on between
New England and the Foreign Sugar Colonies, under the title
of Massachusets Bay ; (iii) a copy of an act of New England,
1694, for the better rule and government of the Indians etc. (iv)
and of an act of Barbados 1715, laying a duty on foreign sugars
etc. imported, H.M. order confirming same, as Governor Worsley's
96th Instruction. Signed, Wm. Cowper, Cler. Parliamentor.
Endorsed: Reed. 16th, Read 23rd April, 1731. l pp. [C.O.
28, 21. ff. 158, 158z;., 159u.]
April 5. 1 26. Governor Belcher to the Council of Trade and
Boston. Plantations. Has taken all the care he could to prepare answers
to queries. Acknowledges letters of 1st Dec. and 12th Feb.
last. Refers to his letters of 7th Oct. and 10th Dec. etc.
Continues : I am sorry I have occasion to say to your Lordships
this new Assembly have still gone backward, and seem resolv'd
to do nothing more [as to the Governor's salary] than they did
about forty years agoe when the form of government they are
now under was first erected, tho' I have left no stone unturn'd
to bring them to a sense of their duty. I can't help covering
to your Lordships what has been printed here out of the Deer.
Political State. Who was the vile authour I know not ; the
unreasonable ill nature at me is glaring, but I think there is a
strong implication of rudeness and ill manners to his most
Excellent Majesty and his Ministers, and it has been printed
here to poison H.M. subjects as much as possible and has
obtain'd the desir'd effect at present so far as to make this
AMERICA AND WEST INDIES. 85
1731. [126]
Assembly (to use the authour's compliment upon them), more
obstinate in their refusal of complying with H.M. Instruction.
I think it's a pity but that the authour of the Political State
should be punisht according to his demerits. Notwithstanding
this villanous libel your Lordships will see by the Journals I
inclose (from the last sent you) my Speech to the Assembly,
and I still hope. Nothing shall make me swerve from my
royal Master's honour and interest. Your Lordships say you
should wait my next letters before you make yr. report to
H.M. upon this subject, which letters of mine I find were arriv'd
before the ships came away by which your Lordships wrote
me. I think it my duty to say to your Lordships that I have
at present no expectation of this Assembly's doing anything
in complyance with H.M. Instruction. They must rise in a
few days and I shall then transmit to your Lordships what
more may occur, and conformable to the Royal Charter, I shall
issue writs for a new Assembly 26 instant and keep your
Lordships duly acquainted with all my proceedings. Upon
my arrival I directed the King's Secretary to send your
Lordships under the seal of the Province at the end of every
session all the laws to which I gave my assent and this he tells
me he faithfully observes. In your Lordships' letter of 1
Deer, you seem to fault me that you had seen the printed
votes of the Assembly to that time from another hand, I must
ask pardon of your Lordships if I made any slip on this head.
I am sure it was not from any want of respect, but rather the
contrary, least I should trouble you with too many letters
onely to cover the House's Journals de die in diem : But I
thought if I sent them at the end of every session, they would
be more compleat, and more acceptable to yr. Lordships. Yet
if you would have me practice otherwise for the future I shall
(on your notice) duly observe it etc. Adds to denial of his
intending a military expedition against Frederick's Fort the
further confirmation that he did not keep or demolish it when
Hamilton, who called himself Col. Dunbar's Lieutenant, upon
sight of the King's Sheriffe (with his posse) deserted the fort,
and ran into the woods like a lusty fellow etc. Begs to be served
with a copy of any complaint before proceedings are taken
upon it etc. P.S. I should take it as a favour for the future,
that your Lordships would commit the care of your letters for
me to Francis Wilks Esq., they will always then come to me in
great safety. Signed, J. Belcher. Endorsed, Reed. 21st May,
Read 9th June, 1731. 4 pp. Enclosed,
126. i. Extract from the Political State of Great Britain for
the month of December, 1730. Abstract : The people
of Massachusetts Bay continue in their refusal of
complying with H.M. Instructions for appointing a
fixed salary upon their Governors. Governor Belcher
insists as strongly as ever any Governor did upon
86 COLONIAL PAPERS.
1731. [126. i]
their complying, although he was formerly positive
against it and was the person sent over by them to
oppose any measures for such a settlement etc. Most
of the Council it seems think differently for the
Assembly. Quotes Governor's Speech to Council and
Assembly 2nd Oct., 1730 ; urging a settlement,
quoting the Board of Trade's report on the subject
in 1723, and reminding them that their disputes with
the Crown have already cost them over 50,OOOZ.
From his experience as Agent assures them that
nothing prevented a Parliamentary proceeding against
them last winter, but the King being willing to give
them one more opportunity to show their duty and
gratitude by doing what is so just and reasonable.
Has the strongest persons to fear that they have " so
few friends among the King's Ministers, or in either
House of Parliament, as that a proceeding in a way
the King says, your final non-compliance must bring
it to, will bring into the utmost hazard every thing
that is dear to the people of this country " etc. Quotes
letters from Mr. Belcher and Mr. Wilks, Oct. 24, 1729
and 1st May, 1730, and Governor Belcher's Speech
to the Representatives, 16th Oct., 1730. The author
concludes : I am perswaded that these Gentlemen
of the House of Representatives, who are so resolute
against the commands of the Crown, have the honour
and interest of their native country, and the liberties
and properties of those they represent nearly at heart,
otherwise they would never make such a stand against
Royal Power, which has now so many ways of
rewarding its humble servants, and so large a scope
for punishing its opposers etc. The Assembly resembles
our Parliaments in England, the Governor represents
the King and the Council the Lords, and every member
of our Parliament would hear with disdain the threats
and expressions in Governor Belcher's Speech and
Message, " terms more proper for a French
Monarch, or a Turkish Bashaw than for an English
Governor " etc. As His Majesty "is so gracious,
that he ever desired to be independent of his
Parliament, I cannot think that he ever desired
that any of his Governors should be independent of
the people, they are sent to rule over. . . I am
perswaded that his Majesty has so great a regard for
the liberties of his people, that he will not give the least
handle for oppressing them in any part of his Dominions,
nor be disobliged by any man who delivers his senti-
ments bravely and freely " etc. When any King
allows himself to be lulled asleep by putting a stop to
AMERICA AND WEST INDIES. 87
1731. [126. i]
informations through the liberty of speech and the
Press, he is in danger of being himself involved in a
ruin, which was at first only designed against his
Ministers. Nor is a standing army of any effect in
such circumstances. The dispute in New England
is of the more weight, because it is one of the best and
most powerful Colonies we have in the West Indies.
Oppression and arbitrary sway generally take their
rise in the most remote parts of a nation. For that
reason, he is particularly interested in New England,
" because I am afraid it should one time or other serve
as a precedent at Home." Enclosed, Reed. 31st May,
1731. Printed. 16 pp.
126. ii. Governor Belcher's answers to the queries sent from
the Council of Trade and Plantations, relating to New
Hampshire. Portsmouth, N.H., 25th March, 1731.
i-iii Describes situation, boundaries and constitution,
(iv) The Trade is lumber and fish. The number of
shipping belonging to the Province are five consisting
of about 500 tons, and there are about 3 or 400 tons
of other shipping that trade here annually. Seafaring
men, about 40. The trade is much the same as it
hath been for ten years past, (v) The Province
makes use of all sorts of Brittish manufactures,
amounting to about 5000/. sterling pr. annum, which
are had principally from Boston, (vi) The trade to
other Plantations is to the Caribbee Islands, whither
we send lumber and fish, and receive for it rum, sugar,
molasses and cotton. The trade to Europe, is to
Spain or Portugal in the above mentioned commodities,
from whence our vessels bring home salt, (vii) The
method appointed to prevent illegal trade is by a
Collector appointed at home, (viii) The natural
produce is timber, principally oak, pine, hemlock,
ash, beech and birch and fish, and they are the only
commodities of the place. The timber is generally
manufactur'd into beams, plank, knees, boards,
clap-boards, shingle and staves, and sometimes into
house-frames ; the value annually exported to Europe
and the West India Islands, is about 1000Z. sterling.
Mem. Besides what is above mentioned, the coasting
sloops from Boston carry from hence thither in fish
and timber about 5000/. per annum, (ix) No mines
yet discovered except a small quantity of iron ore in
two or three places, (x) Inhabitants, about 10,000
whites and 200 blacks, (xi) They are increased about
4000 this ten years last past, 1000 of which (at least)
are people from Ireland lately come into and settled
in the Province. Another reason of the increase of
88 COLONIAL PAPERS.
1731. [126. ii]
late more than formerly, is a peace with the Indians
the four last years, (xii) The Militia, about 1800,
consists of two regiments of foot with a troop of horse
in each, (xiii) There is one fort or place of defence
called Fort William and Mary, situate on the great
island in Newcastle, which commands the entrance of
Piscataqua river, but is in poor low circumstances,
much out of repair, and greatly wanting stores of war,
there not being one barrel of gunpowder at this time
there, (xiv) There are no Indians in this Province
now in time of peace (xv), nor in the neighbourhood,
except in the Eastern parts of the Massachusetts
Bay, and their number and strength we are not
acquainted with, (xvi) No neighbouring Europeans
except French who are extreamly numerous at Canada
and Cape Briton etc. (xvii) The effect which the
French settlements have on this Province is, that
the Indians are frequently instigated and influenced
by them to disturb the peace and quiet of this Province,
we having been often put to a vast expence both of
blood and treasure to defend ourselves against their
outrages, (xviii) The revenue is 3QQL by excise,
which is appropriated towards the Governor's salary,
and three or four barrels of gunpowder from the
shipping, which is spent at the Fort, there is no other
revenue but by tax on polls and estates. (xix)
Ordinary expense of the Government is about 15001.
etc. Extraordinary and contingent charges as repairs
of the Fort, powder etc. about 500/. more. (xx) The
establishments are 600/. salary on the Governor, Ss.
per diem on each Councillor, and Qs. per diem on each
Representative during the session of General Assembly,
and 150/. per annum on the officers and soldiers at the
Fort. There is no other establishment, civil or
military, but the Assembly make allowances from
time to time as they see meet to the Treasurer,
Secretary etc. The Judges, Justices, Sheriffs, Clerks
and all other officers fees are fix'd by a law to be paid
by the parties whom they serve, but they have nothing
out of the Treasury. All the officers, civil and military,
hold their places by commission from the Governor
except the Councillors appointed by the King, the
Recorder of deeds chosen by the General Assembly,
the Clerks of Courts nominated by the Judges of the
said Courts respectively, and select men, assessors,
constables, tithing men and other town officers chosen
by the towns at their respective town meetings.
Signed, J. Belcher. Endorsed as preceding. 5 pp.
[C.O. 5, 872. ff. 207-210i>., 21Iv.-222v. (with abstract).]
AMERICA AND WEST INDIES.
89
1731.
April 5.
Whitehall.
April 6.
Whitehall.
April 6.
[April 6].
April 6.
127. Duke of Newcastle to the Council of Trade and
Plantations. The King having been pleased to appoint the
Honble. George Clinton, Esq., Commander of H.M.S. the
Salisbury, to be Governor of Newfoundland ; I am to desire
you will accordingly prepare a draught of a Commission and
Instructions for him, for H.M. approbation etc. Signed, Holies
Newcastle. Endorsed, Reed., Read 6th April, 1731.
[C.O. 194, 9. ff. 72, 75u.]
I P.
128. Mr. Popple to Mr. Burchett. Acquaints him with
preceding, and that the Heads of Enquiry sent 30th March,
will now be inserted in Capt. Clinton's Instructions etc. [C.O.
195, 7. pp. 257, 258.]
129. Petition of John Slater to the Council of Trade and
Plantations. Petitioner hath several proposals to lay before
this honble. Board relating to trade and commerce, highly
advantagious and beneficiall to the British Nation and to the
createing of an irreparable union between it and the Cherokee
Nation etc. Prays to be appointed to the management thereof
&c. p. Enclosed,
129. i. Proposal of John Slater of Peter Street etc. West
Smithfield. It hath run in my mind ever since the
Indian Cheifs hath first been here, that those people
might be brought to work in a manufactory, which
might be highly essential to the wellfare of Great
Britton, and to the Cherokee Nation, and would cause
such a mutual union between both Nations, that their
interest would be inseparable. Proposes that silk-
worms and white mulberry trees be sent out etc. for
the climate of Carolina is suited to produce raw silk,
and the native Cherokees should be instructed in the
art of making it etc. Endorsed, Reed. 6th April,
Read 23rd Nov., 1731. Addressed. 1 p. [C.O. 323,
9. ff. 81, 82, 82o.]
130. Thomas Gould, of London merchant, John Ochs,
Jacob Stauber and Ezekiel Harlan to the Council of Trade and
Plantations. Outline their proposals for their settlement of
Georgia, " behind the great mountains in Virginia " (v. 30th
March supra), and its constitution etc. Signed, Thomas Gould,
John Ochs, Jacob Stauber, and Ezekiel Harlan. 5| pp. [C.O.
5, 1322. ff. 102-104i;.]
131. Sir William Keith to the Council of Trade and
Plantations. I have in obedience to your Lordships' commands
examined the above etc., and I am humbly of opinion, that
H.M. may be advised to pass such a grant etc. (i) Because
until some such settlement be actually made by a numerous
90 COLONIAL PAPERS.
1731. [131]
active people from behind the Great Mountains all along to
the River Messussippi, I conceive it will be impossible to prevent
foreigners from setling those rich lands in the middle of the
Continent which undoubtedly belong to the Crown of Britain
and the possession whereof are absolutely necessary to secure
and defend from future danger the valuable colonies already
setled on the coast and on this side the mountains, (ii) Because
such an improvement or inlet to a trade with the numerous native
Indians on the Lakes and the branches of the Messussippi will
give a new and large vent to the exportation of course woolings
and other British manufactures fit for the traffick which is
continually decaying at present in all the Colonies on this side
the mountains, the game there being wasted and the Indians
reduced to a very small number. (iii) Because when this
Colony is settled etc., it will infallibly raise the vast tracts of
lands on each side as far West as the banks of the Messussippi
to a considerable value which without such a settlement can
never be of any use to the Crown of Britain, but on the contrary
will be a prey to foreigners and a continual annoyance to the
Colonies on this side the mountains, (iv) Because the European
market etc. seems to be overcharged with the present product
of our Colonies on the main such as tobacco, rice, corn etc.
which forces the people into trifling manufactures of their own,
and discourages or lessens the exportations from Great Britain,
whereas by the settlement proposed where the people can have
no access to navigation a new scene is open'd for the produce
of silk, hemp, flax, potash, wines etc. ; besides the vast extent
of Indian trade already mention'd. (v) Because there is no
prospect of ever making such a settlement by slow degrees with
such a handfull of people as can be spared at any one time from
Great Britain or Ireland, and therefore it is adviseable by such
a grant as this to tempt or induce a large body of foreigners to
bring over their effects and subject themselves in this manner
to the Dominion of Britain, under which no doubt they will
rejoyce to feel the happy effects of a resonable freedom, (vi)
Because this settlement and the improvment of the lands being
to be carried on at the general expence of the setlers themselves
and not out of the estates of the persons to be named in the
patent, the success will probably depend on its being evidently
the interest of the patentees to invite the setlers on much easier
terms than would in all likelihood be obtain'd from persons of
overgrown estates and opulent fortunes, for it is a certain truth
that where large quantitys of land in America have fallen into
the hands of such proprietors they have been rarely sought
after and commonly very slow in improvement besides persons
of a low degree in life who are known amongst their equals to
be morally honest and industrious will sooner perswade a
multitude into a voluntary expedition of this nature than those
of greater wealth and higher rank who are ever liable to the
AMERICA AND WEST INDIES.
91
1731.
April 6.
Whitehall.
April 6.
Whitehall.
April 7.
Charing
Cross.
[April 7].
April 7.
Boston.
[131]
suspicion and jealousy of the vulgar, (vii) Because let the
patentees in such a case be men of what condition or estate you
please, the only security which the Crown can depend on is a
limitation in the patent that the lands shall actually be setled
in a certain time or the grant shall be void and from the nature
and scituation of the place proposed if 100 familys once sit
down there will be no room to apprehend any loss or ill
consequences from such a beginning. (viii) Because if this
proposition should be rejected at this time, it is uncertain
whether an application of the like nature made by foreigners
to the Court of France would not readily be accepted perhaps
on terms not very agreeable to the interest of Great Britain.
Signed, W. Keith. Endorsed, Reed., Read 6th April, 1731.
4 pp. [C.O. 5, 1322. ff. 105-106i;., 107i>.]
132. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 13 acts of New York, 1730, enumerated. [C.O.
5, 1125. pp. 158-161.]
133. Mr. Popple to Mr. Burchet. Informs him that the
Heads of Enquiry sent 30th March will now be inserted in Capt.
Clinton's Instructions, H.M. having been pleased to constitute
him Governor of Newfoundland. [C.O. 195, 7. pp. 257, 258.]
134. Mr. Drummond to the Council of Trade and
Plantations. Governor Montgomerie wrote to him, 20th July,
1730, that for the good of the town he had agreed to Mr. Rutgers'
petition (v. 28th Jan. supra). Signed, An.(?) Drummond.
Endorsed, Reed., Read 8th April, 1731. [C.O. 5, 1055. ff.
176, 177u.]
135. Deposition by George Montgomerie, of New York,
Gent., Thomas Wildman, of New York, tallow-chandler, and
Moses Buchanan, surgeon, of St. Martin's-in-the-Fields.
Describe the unwholesome condition effects of the swamp in
New York " called the Fresh water and adjacent to the King's
farm upon the island now called New York Island and which
was formerly called by the Indians Manhattan Island," etc.
Signed, Geo. Montgomerie, Tho, Wildman. Endorsed, Reed,
(from Mr. Sharpe), Read 7th April, 1731. 1 p. [C.O. 5, 1055.
JQT. 174, 175o.]
136. Governor Belcher to the Duke of Newcastle. The
Assembly of this Province has been sitting ever since I did
myself the honour of writing your Grace the 1st of March,
since which I have been unweary'd in my endeavours to bring
them into a complyance with H.M. Instruction respecting my
support, and I am now sorry to say to your Grace by the inclosed
Journal of the House of Representatives that they are gone
92
COLONIAL PAPERS.
1731. [136]
rather backward than forward in this matter. Nor do I at
present concieve any hopes of their coming to a juster sense of
their duty to the King. In a few dayes I must call another
Assembly according to the Royal Charter, and when I meet them
1 believe I shall soon be able to make a judgement to your Grace
what they will be likely to come into. I have, may it please
your Grace, a hard time of it to support the King's honour in
the character of his Govr. at the expence of my own estate etc.
Will issue Proclamationes as ordered Sept. 25th, received 3rd
April, and observe orders relating to piracies etc. Signed, J.
Belcher. Endorsed, R. May 10th. No papers came inclosed.
2 pp. [C.O. 5, 898. Nos. 73 ; and 83.]
April 8. 137. Order of King in Council. The Committee having
St. James's, reported that the hearing of the petitions of the Planters,
Traders and inhabitants of Barbados, the merchants and traders
to the Sugar Islands, and the Mayor, Aldermen and traders of
Liverpool trading to the Sugar Colonies, complaining of the
trade between the foreign Sugar Colonies and Ireland and the
Northern Colonies, had been put off till 26th April, upon the
petition of the Counsel for the Northern Colonies, so that they
might receive answers thereto from the said Colonies ; but that
the merchants and planters concerned in the said petitions had
this day represented that they have now made application to
the Parliament for relief, and therefore prayed to be permitted
to withdraw said petitions ; leave is granted accordingly. (Cf.
A.P.C. III. No. 22). Signed, Temple Stanyan. Endorsed,
Reed. 10th, Read llth Aug., 1731. 3 pp. [C.O. 28, 22. ff.
69-70i;.]
April 8. 138. Mr. Popple to Capt. Hyde. Acknowledges receipt of
Whitehall, replies supra, and requests copy of the lease of the Bahama
Islands. [C.O. 4, 1. p. 196].
April 8. 139. Order of King in Council. Approving report of
st. James's. Committee and of Council of Trade and ordering that a grant
of 62,000 acres in New York be passed under the Great Seal
to Sir Joseph Eyles etc. (Set out, A.P.C. III. No. 231.) v.
March supra. Signed, Temple Stanyan. Endorsed, Reed.
10th, Read llth Aug., 1731. 2| pp. [C.O. 5, 1055. ff. 194-
April 8. 140. Messrs. Gould, Stauber, Ochs and Harlan to the Council
of Trade and Plantations. Being well apprised of Sir W. Keith's
knowledge in all the affairs of America and of the respect the
Germans already setled in those parts as well as the Indians
bear to the name and character of that gentleman etc., propose
that "he be first named along with us in any such grant " of
lands as desired 30th March, 6th April. Signed, Tho. Gould,
AMERICA AND WEST INDIES.
93
1731.
April 10.
April 14.
Whitehall.
April 14.
Whitehall.
April 14.
Whitehall,
[140]
Jacob Stauber, John Ochs, Ezekiel Harlan. Endorsed, Reed.
9th April, Read llth May, 1731. 1 p. [C.O. 5, 1322. ff. 108,
141 . Order of House of Commons, that the Council of Trade
and Plantations lay before the House a copy of the Act of New
York, 1709, to prevent selling or giving rum or other strong
liquors to the Indians. Signed, E. Stables, Cl. Dom. Com.
Endorsed, Reed. 10th, Read 13th April, 1731. p. [C.O. 5,
1055. ff. 182, 182t>.]
142. Order of Committee of Council. Referring following
to the Council of Trade and Plantations for their report. Signed,
Temple Stanyan. Endorsed, Reed. 17th, Read 29th April,
1731. l\pp. Enclosed.
142. i. Petition of Ralph Noden, Agent to Lt. Governor Pitt,
to the King. H.M. having thought fit, for the benefit
of his subjects in generall, to prohibit Governors from
laying any claim to the produce of whales, whereby
the salary granted to Lt. Governor Pitt will be reduced
by 1001., prays that a like sum may be granted him
in lieu thereof. Signed, Ra. Noden. Copy. 1| pp.
[C.O. 37, 12. ff. 71, 7lv., 75v.]
143. Order of Committee of Council for hearing appeals,
complaints etc. from the Plantations. The Council of Trade
and Plantations are to lay before the Committee the proofs
and papers relating to the case of Mr. Brown, Judge of the Vice-
Admiralty Court, Pa., as soon as they are transmitted etc. (v.
C.S.P. 7th Sept., 1730 and A.P.C. III. No. 117). Signed,
Temple Stanyan. Endorsed, Reed. 28th, Read 30th April,
1731. l^pp. [C.O. 5, 1268. ff. 7, 7v., I2v.]
144. Order of Committee of Privy Council. Referring
following to the Council of Trade and Plantations, who are to
receive the opinion of the Attorney and Solicitor General upon
said petition and that of Samuel Waldoe, referred 15th April
last, and afterwards to report upon the whole matter to the
Committee. Signed, Temple Stanyan. Endorsed, Reed. 23rd,
Read 28th April, 1731. 1% pp. Enclosed,
144. i. Petition of Sir Bibye Lake, grandson and heir of
Capt. Thomas Lake, late of Boston, in behalf of
himself and of Col. Edwd. Hutchinson of Boston, and
John Walcot of Salem, son and heir of Josiah Walcot
late of Salem deed., who with Edward Hutchinson
were grandsons and heirs of Major Thomas Clark of
Boston, to the King. Rehearses claim to lands on
Kennebeck River in the Eastern parts of Massachusetts
Bay. (Cf. C.S.P. 1716-17 etc. and A.P.C. III. No.
94
COLONIAL PAPERS.
1731. [144. i]
April 14.
Whitehall.
April 21.
Jamaica.
209). Describes their attempts to make settlements
there interrupted by Indian wars. Since the last
war with the Indians (1722) petitioner with Col.
Hutchinson and Mr. Walcott were endeavouring to
repair and resettle the premisses and to encourage
several families to go there, but were prevented by
Col. Dunbar, who pretends some Instructions or Com-
mission from H.M. to make a settlement there and to
erect the same into a separate Government. Pray
that orders may be sent to Col. Dunbar not to molest
them etc. Copy. 7^ pp. [C.O. 5, 872. ff. 88-920.,
98u.]
145. Order of Committee of Privy Council. The Council
of Trade and Plantations are to reconsider their representation
of 26th March, and report whether any inconvenience would
arise in case Mr. Ayscough should be immediately restored.
Cf. 10th March. (Set out, A.P.C. III. No. 230.) Signed, Temple
Stanyan. Endorsed, Reed. 17th, Read 21st April, 1731. 1^ pp.
Enclosed,
145. i. Copy of representation of Council of Trade, March
26, 1731. 3 pp. [C.O. 137, 19. ff. 12-14, 15i>.]
146. Governor Hunter to the Duke of Newcastle. Encloses
duplicates of April 2nd. Gives details of Commissions granted
to officers of the Regiments. Continues : By all accounts
from the other quarters the men are in good health and condition
and kindly used by the inhabitants. And I assure your Grace
that I think most of these who have dy'd are felo de se. And
if I can not in this Assembly get some law pass'd to restrain the
abuse in the retail of rumm, the companys in the towns will
be very thin in little time. The Secretary at War will acquaint
your Grace with what I wrote to him about recruiting. If that
or some such method be not taken, the Regiments will in time
dwindle to nothing, for it is not in the power of the officers to
recruit after the common method etc. Signed, Ro. Hunter.
Endorsed, R. June 24th. Enclosed,
146. i. Copy of following letter to B. of T. [C.O. 137, 53.
ff. 342, 342t;., 848u.-347i>.]
April 21. 147. Governor Hunter to the Council of Trade and
Jamaica. Plantations. Encloses duplicate of llth Feb. etc. Continues:
The several resolutions of the Assembly in the said letter
mention'd have since that been pass'd into four acts, transmitted
herewith, vizt. : (i) An act for raising several sums of money
and applying the same to several uses. This act is commonly
call'd the Additional duty bill and varies little in substance
from the annual bills which usually passes under the same
AMERICA AND WEST INDIES. 95
1731. [147]
title, only in this particular, that they have rais'd the duty
upon the import, and export of negroes from ten shillings pr.
head to fifteen in the former, and from twenty shillings pr.
head to thirty on the latter, (ii) An act for raising a tax by the
poll, and on trades, offices and rents. In this act I2d. per head
is laid upon every negro and 3d. pr. head upon all cattle, horses,
mares, asses and mules, and the trades, offices and rents are
taxed as usual. It is computed that this bill will raise about
6000/., and it is appropriated intirely for an additional sub-
sistance to the officers and soldiers of H.M. two Regiments,
(iii) An act to oblige the several inhabitants to provide themselves
with sufficient number of white people, or pay certain sums of money
in case they shall be deficient, and for laying a duty upon shipping
the same to several uses. This act is what is commonly call'd
our Deficiency bill, and the deficiency being 26Z. the same as
last year, it is believed the inhabitants will rather chuse to keep
their complement of white men and women than pay so high
a tax ; if so this bill will raise but little money. The duty
upon shipping has been inserted in former bills, but generally
appropriated to the repairing the walls at Port Royal ; in this
bill it is given as well as the deficiency for an additional sub-
sistence to the two Independent Companys, and the
overplus (if any) to such other uses as the Assembly shall direct,
(iv) An act for appropriating and applying money for the
additional subsistence of the officers and soldiers of the two regiments
arrived and for other uses, and ascertaining the voluntary rewards
to be allowed for the services they perform, and to oblige such parishes
as have not already made up their accompts and paid their arrears
to do the same in a prefixed time. This act appropriates all the
money arising by the three acts abovemention'd and not already
appropriated for and towards an additional subsistence to the
two Regiments etc., each Commissioned Officer resident on the
Island 20s. pr. week, to each private man 55. pr. week, the
Officers' pay to commence from the day of their landing here,
and the private men's to take place so soon as the King's
provisions they brought with them should be expended, the
additional subsistance to continue only for six months and no
longer, tho' the fund be for one whole year this bill ; this bill
also obliges the parishes where the troops are or shall be sent
to provide good and convenient barracks, and allotts 12 negroes
to attend each company to be allow'd and paid for by the
Church Wardens of such parishes where the troops are quartered,
and a reward of 10/. is given for each rebellious negro the soldiers
shall either kill or take alive ; there is also in this bill two small
appropriations of 150/. and 100L which the publick stood
engaged for, and the Council making no objections to this bill
nor the other three, I gave my consent to them, and finding the
Assembly not in a disposition to enter upon any other business
I did at their own request grant them a recess. On 2nd March
96 COLONIAL PAPERS.
[147]
I summon'd a Council who gave it as their unanimous opinion
that the Assembly should be dissolved, which [/] did accordingly
by proclamation ; the chief motives which induced me to joyn
in opinion with them are, that this Assembly had already sat
three years, that in this last session great heats and disputes
arose about allowing an additional subsistance to the troops,
in so much that it was all that the friends of the Government
could obtain in the House to provide for them for six months
to which the words "and no longer" were added, and tho' I had
so often recommended to this Assembly several very material
things for the wellfare of the Country, such as the better settling
the uncultivated lands, and giving due encouragement to white
people to become inhabitants, and to consider on some proper
measures to regain credit (now almost at a stop) and to establish
the value of our coin, yet they neglected doing any thing upon
those heads, tho' apparently for their own good. The merchants
began to be uneasie, and as I am credibly inform'd wish'd for
a disolution, so that I acquiest in giving the country a new
choice. Writts were accordingly issued for calling a new
Assembly to meet on the fourth of May, and the elections are
just over and by what I can guess I hope we shall have a better
disposed Assembly, there are more merchants in it than in the
last and about one half are new Members, tho' several of the
old who were there before meerly for protection have by their
industry got in again, etc. Encloses Minutes of Council to 9th
March, and Journals of the Council and of the late Assembly,
" but as there is nothing of great moment in them, I shall not
trouble your Lordships with any particular observations."
Continues : The troops are gone to the several parishes to be
barrack'd as the Act directs, and I hope in a short time they
will be better reconciled to their quarters, the Gentlemen of
fortune in the Island being very kind to them. They write me
from Port Antonio, where Admiral Stewart now is, that all the
troops there are in perfect health, and considering the infancy
of that settlement pritty well accommodated. Since Capt.
Peters's party who burnt the negro town were disbanded, the
rebellious slaves have made incurtions upon some of the out
settlements which makes me believe that they are dispersing
themselves into small bodys. I shall take all possible care to
make the troops usefull and to encourage the country voluntary
partys to pursue them. By the last advices from Porto Bello
we have an account that the Fair was to begin about the latter
end of this month, that there was a great deal of money already
arrived from Lima and Panama and" more hourly expected,
and that it was generally believed the cargo of the South Sea
ship Prince William would come to a very great market, etc.
Signed, Ro. Hunter. Endorsed, Reed. 23rd June, Read 3rd
July, 1731. 8 pp. [C.O. 137, 19. ff. 58-61i;., 62v. (with
abstract) 57, 57v.]
AMERICA AND WEST INDIES.
97
1731.
April 22. 148. Mr. Popple to Sir Wm. Strickland. Encloses copy
of Gov. Hunter's letter, as preceding. [C.O. 138, 17.
Whitehall.
April 22.
Whitehall.
April 22.
Whitehall.
April 22.
Admty.
Office.
April 22.
Whitehall.
April 22.
St. James's.
April 23.
Whitehall.
149. Council of Trade and Plantations to the Duke of
Newcastle. Enclose copy of Gov. Hunter's letter announcing
arrival of the Regiments and the provision made for them by
the Assembly. Autograph signatures. 1 p. [C.O. 137, 47.
ff. 95, 98-99 ; and 138, 17. p. 811.]
1 50. Mr. Popple to Mr. Burchett. Having just now
received a message from you to know when the Commission
and Instructions for Capt. Clinton will be ready etc., they will
be finished in a day or two. But in the mean time I am to
desire to know whether the Right Honble. the Lords Commis-
sioners of the Admiralty have any objection to the incorporating
the usual Heads of Enquiry to the Commodore on the Newfound-
land Station into those Instructions which will be given to the
said Capt. Clinton from H.M. as Governor of Newfoundland,
that they may be either inserted or left out of the said
Instructions as the Lords Commissioners of the Admiralty shall
think convenient. [C.O. 195, 7. pp. 258, 259.]
151. Mr. Burchett to Mr. Popple. Replying to preceding.
My Lords Commissioners have no objection etc. Signed, J.
Burchett. Endorsed, Reed. 22nd, Read 23rd, April, 1731.
Addressed, f p. [C.O. 194, 9. ff. 73, 740.]
152. Council of Trade and Plantations to the Committee
of the Privy Council. Enclose following in pursuance of order
of 30th March. Annexed,
152. i. Draught of Additional Instructions to the Governor
and Surveyor of the Woods as to laying out and
granting lands in Nova Scotia. [C.O. 218, 2. pp.
247-254.]
1 53. H.M. warrant granting leave of absence for 12 months
for James Smith, Secretary of New Jersey, to return home and
use the Bath waters etc. Copy. Countersigned. Holies
Newcastle. [C.O. 324, 36. pp. 268, 269; and 324, 50.
pp* 77, 78.]
154. Council of Trade and Plantations to the Committee
of the Privy Council. Reply to 14th April. The Council of
Jamaica has usually consisted of twelve members and no more,
which number is at present compleat ; But if H.M. shall think
proper upon this occasion to augmt. that number to thirteen
and to reduce it again upon the first vacancy that shall occur,
we have no objection thereunto. But in case your Lordps.
should not be of opinion to advise H.M. to augment the
Wt. 441
C.P. XXXVIII 7
98
COLONIAL PAPERS.
1731. [154]
number of his Council in Jamaica, he may notwithstanding
restore Mr. Ayscough to his ancient rank either immediately
or upon his arrival in Jamaica, giving orders at the same
time that the youngest Councillor be suspended from sitting
or acting in Council there till a new vacancy shall happen.
[C.O. 137, 18. pp. 312, 313.]
April 23. 155. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before H.M. Annexed,
155. i. Same to the King. Enclose draughts of Commission
and Instructions for Governor Clinton. Continue :
These draughts are copied from those which were
given to Capt. Osborn, 1729 etc., with the addition of
the two last articles in the Instructions only, by the
first of which Capt. Clinton is directed to enquire what
effect has attended the Commission given to his
predecessor for creating Justices of Peace and other
Civil Officers ; how those Officers have behaved
themselves in the execution of their trust, whether
the people have paid due obedience to their authority,
or what obstructions have been given thereto. By
the other article directions are given for framing a
scheme of the quantities of fish taken annually at
Newfoundland with the number of ships, boats and
men employed upon that service in a more methodical
manner than has hitherto been practised ; whereupon
Capt. Clinton is to transmit his observations to this
Board that we may be thereby enabled to make the
necessary representations to your Majesty. [C.O.
195, 7. pp. 259-261.]
April 24.
April 26.
boston.
1 56. Order of House of Lords. That the Commissioners
for Trade and Plantations do lay before this House the Journal
of the House of Representatives for the Massachusetts Bay
for the two last sessions ending before the 1st of Jan. last, and
also such act or acts of the Assembly which lay a higher or a
different duty on goods imported in ships not of the build of,
or belonging to the people of the Massachusetts Bay. Signed,
Wm. Cowper, Cler. Parliamentor. Endorsed, Reed. 21st, Read
27th April, 1731. f p. [C.O. 5, 872. ff. 86, 87i;.]
1 57. Governor Belcher to the Duke of Newcastle. It is his
duty and honour to acquaint his Grace with the affairs of
his Government. Hopes that his letters of Jan. 23 will acquit
him from Col. Dunbar's false complaint. Col. Dunbar's Lieut,
having deserted the fort (v. Jan. 11 no. 6, end. :) the Sheriff went
into it and siezed the robbers he was in quest of, so, " had I
had any design on the fort, I might have kept or demolisht it."
Begs for a line from his Grace in his justification etc. Continues ;
AMERICA AND WEST INDIES. 99
1731. [157]
Notwithstanding Collo. Dunbar's vile representation of me
I hear by the late ships from London he is appointed my Lieut.
Govr. in New Hampshire, this I can scarce believe and would
humbly pray of your Grace it may not be so. For how is it
possible, My Lord Duke, that the King's service and the good
of that Province can be carry'd an end with tolerable quiet, and
satisfaction while I must have an officer under me diametrically
opposite to me. Let me therefore once more beg it of your
Grace as a singular favour, that Collo. Sherburn (whom I formerly
mention'd) may be my Lieut. Govr. in New Hampshire etc.
Continues : I dissolv'd the Assembly of this Province the 24th
currant after a session of upwards ten weeks, and have issued
writs for a new one to be held 26th of next month, in conformity
to the Royal Charter, and I now inclose to your Grace the votes
of the Assembly from my last to the compleating of this session,
by which it will be seen that the Assembly has done nothing in
complyance with the King's Instruction either as to fixing a
salary on H.M. Govr. or paying the arrearages so justly due to
their late Govr.'s children. As to the latter I have no
expectation of the Assembly of this Province paying those
poor orphans one farthing altho' they had voted the late Govr.
Burnett 6000L a few days before his death, yet now they are
not willing to pay what was due to that time being 3400/. As
to the fixing a salary etc., I have no reason to think they will
ever do anything further or nearer to it than the bill transmitted
Dec. 10th past etc. Continues : Yet might I have the royal
leave to sign such a bill I should not doubt it's being a good
security for the Govr.'s support. I would therefore humbly
pray of your Grace that I might have the King's leave to receive
my support in that manner, or some other way that the King
may think proper. For with great deference to your Grace I
believe it will not be thought reasonable that I must go on to
support the King's honour in the character of his Govr. at the
expence of my own estate. I can assure your Grace that it's
not possible to live in any tolerable figure as the King's Govr.
with what H.M. has so moderately requir'd of this Province
for a salary to his Govr. and was it fixt agreeable to the King's
Instruction, no gentn. with the best husbandry could lay up
one farthing at the year's end. I am told the House of Repre-
sentatives are addressing H.M. to take off the force of several
of his royal Instructions to me. I hope your Grace will give
no countenance to an attempt of this nature till I am serv'd
with a copy of the said Address or Memorial, that I may make
a return to your Grace, and say how far the granting what they
are desiring might affect the honour and interest of the Crown,
and upon receiving your Grace's commands in this matter, I
shall with the greatest fidelity to H.M. return my answer to
your Grace etc. I am surpriz'd at the assurance of the House
of Representatives to be asking favours of the King, while they
100
1731.
April 26.
Boston.
April 27.
Whitehall.
April 30.
Whitehall.
COLONIAL PAPERS.
[157]
will not pay the least decent or dutifull respect to his orders.
But they are daily endeavoring to incroach upon the little
power reserv'd to the Crown in the Royal Charter, of which
your Grace may be assur'd I will part with none without my
royal Master's orders. I think they have too much already
unless they us'd it with more good manners to the King, and
more to the benefit of their countrey. Signed, J. Belcher.
Endorsed, R. July 10th. 4f pp. Enclosed,
157. i. Bill passed by Council of Assembly of the
Massachusetts Bay, Oct. 28, 1730, for the more sure
support of H.M. Governor. Whereas this Court has
usualy been in the practice of granting money at two
several sessions of the Court yearly for the support
of H.M. Governour here, and by resolves only, which
method of late years hath been acceptable, wherefore
etc. be it enacted that 2004/. be granted to Governor
Belcher etc. as an ample and honourable support, and
suitable to the dignity of his station etc., and to the
intent provision may be thus made H.E.'s support
for the future, be it further enacted that at the
beginning of the sessions in May next there shall be
an act pass for an ample and honourable support etc.
to H. E. Jonathan Belcher, and so an'nualy at the
beginning of every May sessions durirg his continuance
in the administration of this Government and his
residence here etc. Copy. 1^ pp.
157. ii. Governor Belcher's Proclamation directing sufferers
from pirates, especially from the Spanish Islands, to
lodge their complaints in the Vice-Admiralty Courts,
with a view to reparations or reprisals etc. Boston,
6th April, 1731. Signed, J. Belcher. Printed. 1 p.
[C.O. 5, 898. Nos. 84, 84 i, ii.]
1 58. Governor Belcher to the Council of Trade and
Plantations. Repeats gist of letter to D. of Newcastle supra.
Concludes .'^To-morrow morning I set forward to H.M.
Provinces of New Hampshire, where I have order'd the Assembly
to meet me the 29 currant etc. I must return hither to meet a
new Assembly 26th of next month etc. Signed, J. Belcher.
Endorsed, Reed. 29th, Read 30th June, 1731. 6 pp. [C.O. 5,
873. ff. 33-36i;., 37t;., 88u. (with abstract).]
1 59. List of Papers laid before the House of Lords, pursuant
to their order of 15th April, relating to the trade of the Sugar
Islands and the Northern Colonies. [C.O. 29, 15. pp. 225, 226.]
160. Duke of Newcastle to the Council of Trade and
Plantations. The King having been pleased to appoint Walter
Chetwynd, Esq., to be Governor of Barbadoes in the room of
AMERICA AND WEST INDIES.
101
1731.
April 30.
Whitehall.
Henry Worsley, Esq., you are to prepare draughts of a Com-
mission and Instructions for him etc. Signed, Holies Newcastle.
Endorsed, Reed., Read 4th May, 1731. f p. [C.O. 28, 21.
ff. 160, 161w.]
161. Duke of Newcastle to the Council of Trade and
Plantations. H.M. having been pleased to appoint Col. William
Cosby to be Governor of the Leeward Islands in America, in
the room of Lord Forbes, you are to prepare draughts of his
Commission and Instructions etc. Signed, Holies Newcastle.
Endorsed, Reed., Read 4th May, 1731. 1 p. [C.O. 152, 19.
ff. 44, 47w.]
May 2. 162. H.M. Warrant granting leave of absence to Lt.-General
St. James's. Mathew for 12 months upon his private affairs. Signed, Holies
Newcastle. [C.O. 324, 50. pp. 38, 39.]
May 2. 1 63. H.M. Warrant granting leave of absence to Lt. General
st. James's. Mathew for 12 months to attend his private affairs etc. Counter-
signed, Holies Newcastle. Copy. [C.O. 324, 36. p. 269.]
May 10.
Virginia
Wmsburgh.
164. Lt. Governor Gooch to the Council of Trade and
Plantations. Refers to previous answer (Feb. 27) to Commissioners
of Customs etc. Has lately received advice of some fresh opposi-
tion to the Act for improving the staple of tobacco, with strong
insinuations as if it was calculated to lessen the quantity of
tobacco, raise the price in foreign markets and so injure H.M.
revenue and the interests of England etc., and also that it will
oppress and discourage the poor. (v. llth and 12th March, 1731).
Argues at length in reply. The county has already entred upon the
expence of building the warehouses etc., weights and scales
and nails etc., are likewise sent for from England etc. Hopes
that the law may be allowed an opportunity of evincing its
usefulness from the certainty of its four years continuance.
The people are discouraged by the rumour, industriously
reported, that it will stand but one year etc. Signed, William
Gooch. Endorsed, Reed. 14th July, Read 25th Aug., 1731.
Holograph. 4 pp. [C.O. 5, 1322. ff. 172-173u., 1740.]
May 11. 165. Order of King in Council. Restoring John Ayscough
St. James's, to his former place and rank as President in the Council of
Jamaica, and suspending the youngest Councillor from sitting
and acting, till a new vacancy shall happen. (Set out, A.P.C.
III. No. 230.) Signed, W. Cary. Endorsed, Reed. 10th,
Read llth Aug., 1731. 5f pp. [C.O. 137, 19. ff. 90-920.,
930,]
102
COLONIAL PAPERS.
by error).
Whitehall.
1731.
May 11 166. Council of Trade and Plantations to the Duke of
(dated 1732 ? Newcastle. Enclose following to be laid before the King.
KIT .M.I., ,T.\
Annexed,
166. i. Same to the King. Lay before H.M. draught of a
Commission for Walter Chetwynd, Esq., to be H.M.
Governor of Barbadoes, being in the usual form etc.
Mem. /The Commission is not entered by reason of
Mr. Chetwynd's death. [C.O. 29, 15. pp. 226, 227.]
May 11. 167. Order of King in Council. Approving draught of
St. James's. Commission for Governor Chetwynd. Signed, W. Sharpe.
Endorsed, Reed. 10th Aug., Read llth Aug., 1731. 1 p. [C.O.
28, 22. ff. 71, 72v.v. ; and signed, W. Cary, 5, 192. /. 493.]
May 11.
Whitehall.
May 11.
St. James's.
May 11.
London.
" 3 mo. or
May 11."
May 11.
Whitehall.
168. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before H.M. Annexed,
168. i. Same to the King. Submit following, and will prepare
the necessary Instructions with all possible dispatch
etc. Annexed,
168. ii. Draft of H.M. Commission for Col. William Cosby
to be Governor of the Leeward Islands. In the usual
form. [C.O. 153, 15. pp. 71-98.]
169. Order of King in Council. Approving Commission
for Governor Cosby. Signed, W. Sharpe. Endorsed, Reed.
10th, Read llth Aug., 1731. 1 p. [C.O. 152, 19. ff. 63, 661;.]
170. Mr. Partridge, Agent for New Jersey, to the Council
of Trade and Plantations. Requests report upon Acts of New
Jersey, (\) for securing the freedom of Assembly s, and (ii) to enable
the inhabitants to support their Government, discharge their engage-
ments in the Loan Office etc. by makeing warrant 20,OOOZ. in bills
of credit. Signed, Richd. Partridge. Endorsed, Reed. 4th May,
Read 15th June, 1731. Addressed. 1 p. [C.O. 5, 972. ff.
204, 205*;.]
171. Council of Trade and Plantations to the Committee
of Privy Council. In pursuance of Order on Mr. Noden's
petition, 14th April, refer to representation of 5th Feb., 1730,
and add : The inhabitants of the Bermuda Islands are the
only people concerned in the whale fishery there, and they
have not hitherto made any objection to the paying for licences
on this accompt to their Governor. But notwithstanding this,
if your Lordships should be of opinion that this Instruction
lately given for preventing the Governor from granting licences
shou'd still continue in force in Bermuda since the benefit
thereof will wholly result to the inhabitants of those islands,
it would seem reasonable that they should make the Governour
some satisfaction for it, and that he should be instructed to
AMERICA AND WEST INDIES.
103
1731.
May 11.
Whitehall.
[171]
recommend in H.M. name to the Assembly of Bermuda, that
they do take the proper means for raising and paying an
adequate salary to him in lieu thereof not exceeding the annual
sum of 100/., because the whale licences have always been
computed to him as part of his salary to that value. [C.O. 38,
8. pp. 156-158.]
1 72. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
Encloses for their report petitions of Samuel Waldo and Sir
Bibey Lake as to lands in New England etc. [C.O. 5, 916.
p. 411.]
May 11. 173. Order of King in Council. Approving Commission
st. James's, for Governor George Clinton etc. Signed, W. Sharpe. Endorsed,
Reed. 10th, Read llth Aug., 1731. 1| pp. [C.O. 194, 9. ff.
78, 78u., 810. ; and (signed, W. Cary) 5, 192. /. 541.]
May 11. 174. Order of King in Council. Approving Instructions
st. James's, for same. Signed and endorsed as preceding. l pp. [C.O.
194, 9. ff. 79, 790., 80z;. ; and (signed, W. Cary) 5, 192. /. 555.]
May 11. 175. H.M. Warrant for a Commission to Governor Clinton.
St. James's. [C.O. 5, 192. ff. 545-552.]
May 11. 176. Order of King in Council. Approving draughts of
st. James's. Additional Instructions to Governor Philips and Mr. Dunbar,
empowering them, so soon as any quantity of wood land shall
have been set out for the service of the Royal Navy by the
Surveyor, to set out a like quantity of land not fit for that
service, and to grant the same to such persons as shall be
disposed to settle etc. (v. 9th Feb. and A.P.C. III.) No. 229.
Signed, W. Cary. Copy. Annexed,
176. i. H. M. Additional Instructions to Governor Philips.
St. James's. 12th May, 1731. To above effect.
176. ii. H. M. Additional Instructions to David Dunbar,
Surveyor General of H.M. Woods. Of same date and
to same effect. Endorsed, Reed. 10th, Read llth Aug.,
1731. lpp. [C.O. 324, 36. pp. 27 1-27 '6; and (without
enclosures). 217, 6. ff. 37, 37v., 3Sv.]
May 12. 1 77. Mr. Perry to [? the Duke of Newcastle]. Your Grace
st. Mary AX. was so good yesterday as to promise me the nomination of a
Councillor in the room of Mann Page Esq. deed. etc. Recom-
mends John Taylor etc. Signed, Micajah Perry, f p. [C.O.
5, 1344. No. 6.]
[May 18]. 1 78. Sir Wm. Keith to the Council of Trade and Plantations.
A petition is presented to the Board for their report to H.M.
in favour of a certain tract of land lying to the westward of the
104
COLONIAL PAPERS.
1731.
May 14.
Whitehall.
May 15.
Boston.
May 17.
[178]
great mountains in Virginia, as far as the River Messassippi,
on which the petitioners engage themselves on pain of forfeiting
the grant to setle in three years time 300 Switz and German
families all Protestants, at their own proper charge and in five
years time to give 500/. sterl. pr. ann. for the support of such
Governour as the King shall appoint. Sir Wm. Keith offers
his service with the Crown's authority and instructions to go
over and see this setlement effectually made, and he humbly
conceives it to be of very great importance to secure, without
loss of time, so good a barrier for all the British Colonies on the
North Continent of America. Holograph. 1 p. Enclosed,
178. i. Proposals for a constitution for above proposed
Colony. A Council of 9 to 15 to be yearly elected by
the freemen, the majority, capable of speaking or
writing English, together with the Governor to have
authority to make laws etc. Holograph. 3^ pp.
The whole endorsed, Reed., Read 13th May, 1731.
[C.O. 5, 1322. ff. 153-154, 155, 157, 1570.]
179. Duke of Newcastle to Governor Worsley. H.M.,
considering the length of time that you have been at Barbadoes,
has been pleased to appoint Mr. Chetwynd to succeed you etc.
I am to aquaint you at the same time with H.M. most gracious
acceptance of your services in that employment. And H.M.
leaves it to you to come away before Mr. Chetwynd's arrival,
leaving the care of the Government to the President of the
Council there according to what is directed by your Instructions,
or to wait for Mr. Chetwynd's coming thither, as you shall think
proper, and may best suit with your conveniency. I hope it
will not be disagreeable to you after so long an absence to return
home to your friends, among whom I desire the honour of being
numbered etc. Signed, Holies Newcastle. [C.O. 324, 36.
p. 270.]
180. Mr. Willard to [? Mr. Popple}. Encloses Minutes of
Council and of Assembly for half year ending Feb. last, and
Acts past at the Session in Feb. etc. Signed, J. Willard.
Endorsed, Reed. 25th June, Read 22nd July, 1731. Holograph.
| p. Enclosed,
180. i. Receipt for above papers. Signed, J. Mulberry.
Slip. [C.O. 5, 873. ff. 39, 40,
1 81 . Mr. Fane to the Council of Trade and Plantations.
Has no objection to the 12 acts of New York, passed in 1730,
but thinks that the act to prevent the taking or levying on
specialtys more than the principal interest and cost of suit ought
to be repealed " for the reasons mentioned in the annext paper
delivered me by Mr. Paris " etc. Signed, Fran. Fane. Endorsed,
Reed., Read 19th May, 1731. l pp. Enclosed,
AMERICA AND WEST INDIES.
105
1731.
181. i. Objections to Act of New York referred to in
preceding. There is no more occasion for such a law
in New York than in Gt. Britain, much less for
such an extraordinary remedy as this. It directly
encourages an infinity of actions. Jt tempts the
defendant to agree first that there is more due than
there really is and pay it, and then bring his action
for these double damages and treble costs etc.
Arguments at length against the Act. 3 closely written
pp. (v. May 25th no. 197). [C.O. 5, 1055. ff. 184-
186, I87v.]
[May 17]. 1 82. Petition of Ralph Noden to the Duke of Newcastle.
In behalf of himself and the rest of the merchants of London
trading to Bermuda etc. Prays for a decision upon their petition
for the return of the Independent Company to Bermuda etc.
Enclosed, Rd. from the Duke of Newcastle's Office, 17th May,
1731. 1 p. [C.O. 37, 26. No. 42.]
[May 17]. 1 83. Petition of John Yeamans, Agent of Antigua to the
Council of Trade and Plantations. There is a standing
instruction, that in the absence of the Capt. General of the
Leeward Islands, the Lt. -General shall have the chief command,
and in his absence the Lt. Govr. of Nevis, and in his absence
the President of the Councill there. It may be of ill consequence
to oblige the Lt. Governor of the other islands to receive their
orders from the Lt. Governor or President in Nevis, not only
on account of the inferior rank and value that island holds
among the rest, but also because it is situated to the leeward
of Antigua and Montserrat. There has been no person at the
head of Nevis for several years resident there bearing H.M.
Commission. As the Lt. General is in a few days expected in
England, the chief command must devolve on the President
of Nevis etc. Antigua is generally esteemed the most consider-
able of the Leeward Islands on account of its produce, and is
by reason of its strength, situation and the convenience of its
harbours, of much more consequence to the Crown than either
of the rest. It lies to windward of all the rest, and in case of
any attempt from an enemy, orders may be dispatched and
succours from thence landed in a night's time, in any of the
other islands, which could not without great difficulty and
length of time be dispatched from either of the said islands to
Antigua, because the vessels that carry them must ply to
windward, and run the risque of being intercepted by an enemy.
'Tis owing to these advantages, as memorialist concieves, that
the Capt. General is obliged by his Instructions to reside in
Antigua nine months in the year ; that it has always been
thought necessary to keep the greatest part of H.M. forces
there, and that this is the station appointed for the King's
106
1731.
May 18.
Adinty.
Office.
COLONIAL PAPERS.
[183]
ships of warr, unless when the service requires they should be
out upon the cruize. It seems where the greatest strength is etc.
Prays that the Lt. Governor of Antigua may be appointed to
command in chief in the absence of the Capt. and Lt. General
etc. Endorsed, Reed. 17th, Read 21st May, 1731. 2 pp.
[C.O. 152, 19. ff. 45-46u.]
184. Mr. Burchett to Mr. Popple. Desires that the usual
Heads of Enquiry may be transmitted for Capt. Clinton, who
is under orders to proceed to Newfoundland, " without staying
for his Commission appointing him Governor, in case it does
not pass very quickly, the season of the year, requiring his
being there as soon as possible." Signed, J. Burchett. Endorsed,
Reed., Read 18th May, 1731. Addressed, f p. [C.O. 194, 9.
ff. 77, 82u.]
May 18.
Whitehall.
May 18.
Whitehall.
May 19.
Whitehall.
185. Mr. Popple to Mr. Burchett. Reply to preceding.
The usual Heads of Enquiry were sent to you 30th March etc.
[C.O. 195, 7. pp. 261, 262.]
186. Council of Trade and Plantations to the King.
Recommend David Bray for the Council of Virginia, in the
room of Colo. Man Page, deed. [C.O. 5, 1366. p. 60.]
187. Same to Same. Representation upon Act of Virginia
for amending the staple of tobacco etc. Quote views of Mr. Fane,
Lt. Gov. Gooch, and the Commissioners of Customs, and
the Agent for Virignia. (v. supra.) The most considerable
merchants in the tobacco trade concurred with the Lt. Govr.
and Agent of Virginia in desiring that the act might be confirmed.
Continue : We are obliged however to take notice to your
Majesty, that some time since a law of this kind, which had
been in force about three years, was repealed at the desire of
the merchts., which in many particulars bore a very near
resemblance to the act in question, tho' they now seem to have
altered their opinion upon that subject, yet since the
Commissrs. of the Customs do apprehend that this act may be
prejudicial to your Majesty's revenue at home, we could not
advise the immediate confirmation of it. But, considering that
this act is calculated to recover the credit of so important a
staple as that of tobacco, considering it contains many clauses
well intended for the prevention of frauds, and that your
Majesty's quit-rents and the duty of 2s. upon every hogshead
of tobacco in Virginia may be thereby improved, because the
same will for the future be paid in better tobacco than formerly ;
we are humbly of opinion that your Majesty may be pleased
to suffer this act to lye by probationary, until the effects of it
may be seen. This being a temporary law, will of itself expire
AMERICA AND WEST INDIES. 107
1731. [187]
in four years, but, by the method we humbly propose, it will be
always in your Majesty's power to repeal the same within that
term, if it shall be found prejudicial to your Majesty's revenue,
or to the trade of your subjects. [C.O. 5, 1366. pp. 61-71.]
May 19. 1 88. Order of Committee of Privy Council. Referring enclosed
Whitehall, memorial to the Council of Trade and Plantations for their
report. Signed, W. Gary. Endorsed, Reed. 21st May, Read
8th June, 1731. f p. Enclosed,
188. i. Petition of Thomas Beake, Agent for St. Christophers,
to the King in Council. The Legislature of said island
finding that the fees in the Court of Chancery were
very grievous, and that some of them had a law for
their sanction and that in other the Secretary had
bound himself by no rule but his own will, and that in
several other branches of his office, and particularly
in the Ordinaries he had raised his own fees and the
Governor's to near the double of what they are settled
at by law, and Wavell Smith the Secretary having
of late set no bounds to his fees, occasioned a generall
dissatisfaction and outcry among the people, and some
instances of it happening to appear in proof before the
Assembly, when the Chief Justice and Mr. Smith were
heard at the barr of their house upon a contest between
them, and the Assembly being then upon a bill for
regulating fees they thought it proper to enquire into
the Secretary's fees and to redress any grievance that
might arise therefrom. To this end on 19th Dec.
1729 the Assembly appointed a Committee to enquire
what fees were then taken by the Officers attending
the Courts of Justice etc., with power to send for
persons, papers and records. Mr. Smith allarmed at
such an order and well knowing his actions would not
bear examination, when the Committee summoned
him and his deputy to attend with an account of such
fees, himself refused to attend, and sent his Deputy
with an account only of what fees he took in the Courts
of King's Bench and Common Pleas, and of no other
fees in his other offices etc. On 30th Dec. therefore
it was resolved by the House that he was guilty of an
act of disobedience to its authority, but deferred
passing any censure upon him, to see whether he would
make any excuse and produce his docquett of fees and
offer himself to be examined thereupon etc. But in
defiance and contempt of the House, he went off to
Antigua, whereby it was evident he refused to comply
with the orders of the House etc. Whereupon the
House addressed the Governor to suspend him from
the Council until H.M. pleasure should be known,
108 COLONIAL PAPERS.
1731. [188. i]
(21st April). The Council on the same day resolved
that his refusing to attend the Committee in order to
his being examined was a great contempt and indignity
offered to that House, and that such his refusall was
a presumptious offence. They also advised the
Commander in Chief to send a copy of the Assembly's
address and their resolve to Mr. Smith requiring him
to send immediately a satisfactory answer, in default
whereof they then advised his Honour to suspend him
from his office as Councillor. Mr. Smith sent (19th
May) an answer upon which the House resolved that
it was untrue and evasive and reflecting on the honour
and justice of the House and in a conference with the
Council resolved to request his Honour to suspend
Mr. Smith. Prays that H.M. will remove him from
the Council etc. Copy. 6| pp. [C.O. 152, 19. ff.
48, 49-52, 53i>.]
May 19. 189. Order of Committee of Privy Council. The represen-
Whitehaii. tation of the Council of Trade 27th Oct., having been referred to
the Committee, order that John Ashley be inserted in Governor
Chetwynd's Instructions as a Councillor of Barbados etc. Signed,
W. Cary. Endorsed, Reed. 9th, Read 15th June, 1731. 1 p.
[C.O. 28, 22. ff. 49, 50u.]
May 19. 190. Order of Committee of Privy Council. Similar order,
Whitehall, upon representation of 15th Nov., for Othniel Haggot to be
Councillor of Barbados. Signed and endorsed as preceding.
1 p. [C.O. 28, 22. ff. 51, 52u.]
May 19. 1 91 . Order of Committee of Privy Council. Referring
Whitehall, following to the Council of Trade and Plantations for their
report. Signed, W. Cary. Endorsed, Reed. 21st May, Read
1st June, 1731. 1 p. Enclosed,
191. i. Petition of George Phenney, late Governor of Bahama
Islands, to the King. Prays to be relieved from the
bond into which the Assembly compelled him to enter
for repayment of the sums levied during his adminis-
tration. The money never came into his hands, but
was applied solely to the public service with the
consent and advice of the Council. Petitioner with
great assiduity repaired the forts etc. He was obliged
to build two large sloops to fetch provisions for the
garrison, which being cast away, he lost upwards of
8001. Prays for an allowance for his expences and
losses etc. (Set out, A.P.C. III. pp. 316-318.)
4 pp.
AMERICA AND WEST INDIES.
109
1731.
May 19.
Whitehall.
May 20.
Whitehall.
May 20.
Richmond.
May 22.
No.
Carolina.
191. ii. Certificate by the Council of Bahama Islands as to
the additions and repairs made by Governor Phenney
to Fort Nassau etc. S., 2nd Dec., 1727. Eleven signa-
tures. Copy. If pp. [C.O. 23, 2. ff. 226, 227-
229u., 230u.]
192. Order of Committee of Privy Council. Referring
following to the Council of Trade and Plantations. (Set out,
A.P.C. III. No. 236. q.v.) Signed, W. Cary. Endorsed,
Reed. 21st, Read 26th May, 1731. 1 p. Enclosed,
192. i. Petition of Alured Popple to the King. Prays for
an establishment of fees, as in other offices, in place
of certain voluntary gratuities hitherto customarily
paid by persons reaping benefit from the labour of
petitioner and his clerks etc. Concludes : Petitioner
has faithfully served the Crown, under the Commission
of Trade above 16 years, 9 as Secretary etc. And
forasmuch as Petitioner and his clerks have no other
advantage from their places than their salarys, (so
long as these gratuitys are suspended) which salarys
are not a sufficient subsistence for the said Clerks, and
after the usuall deductions but a very moderate
maintenance for your petitioner and his family, prays
that annexed schedule of fees may be approved etc.
(v. A.P.C. III. No. 236). 5 pp. Annexed,
192. ii. Schedule of fees proposed. 1 p. [C.O. 388,
80. Nos. 5, 5 i, ii.]
193. Council of Trade and Plantations to the Duke of
Newcastle. Enclose extract of Govr. Worsley's letter of 27th
March, in relation to same English vessels lately seized at
Sta. Lucia etc., for H.M. directions thereupon. Autograph
signatures. 1 p. Enclosed,
193. i. Extract referred to in preceding. 1 p. [C.O. 253,
Nos. 61, 61 i ; and (without enclosure) 29, 15. p. 228.]
1 94. H.M. Instructions to Governor Clinton. [C.O. 5, 192.
ff. 559-597.]
195. Mr. Moseley to the Duke of Newcastle. Encloses
" as the most direct way of it's coming to the Royal presence.
If I err in the manner I humbly ask your Grace's pardon."
Continues : So soon as the Committee shall have prepared
the representation of the state of this country, I shall transmit
it unto your Grace, and to the Lords Commrs. of Trade
etc. pursuant to the directions of the Assembly. In the mean
time I ask liberty to assure your Grace, that I find in the people
of this province a most hearty zeal and affection for H.M. person
and Government, and a readiness to comply with all H.M,
110 COLONIAL PAPERS.
1731. [195]
Instructions to the utmost of their power, which I trust will be
very evident to your Grace when you shall see the Journal of
the Assembly. I am preparing a large map of this province
for H.M. view, drawn from several observations I collected
when I was Surveyor Genii, of this Province and many helps
I have received from several gentlemen of this and the neigh-
bouring Governments, the particulars whereof shall com-
municate to your Grace when I send the map, etc. Signed,
E. Moseley. 1| pp. Enclosed,
195. i. Address of the General Assembly of North Carolina
to the King. We etc. with chearfulness lay hold of
this opportunity on our first meeting after the publica-
tion of your Majesty's purchase of the sovereignty
of this Province ; to acknowledge with the profoundest
gratitude the many blessings we enjoy under your
auspicious and happy reign. It is with the greatest
pleasure we observe your Majesty and our gracious
Queen Caroline always intent on promoting the
happiness of all your people ; and altho' we are so
remote from your Royal presence, we find ourselves
nevertheless assured of your fatherly care and con-
cern. We are in duty bound to acknowledge as a
particular mark of your indulgence, the placing
over us H. E. George Burrington Esq. etc., who by
his behaviour during the time he governed this
Province for the Lords Proprietors rendred himself
very agreable to the people by the great care he then
shewed in his due administration of Justice, and in
promoting the wellfare of this Province ; on which
occasion his indefatigable industry and the hardships
he underwent in carrying on the settlement at Cape
Fear deserves our thankful remembrance. The
Governor having laid before us several of your
Majesty's Instructions relating to this Province, we
think it our duty thankfully to acknowledge your
Majesty's great clemency and goodness expressed in
those Instructions toward the people of this your
Province ; and as some of them do necessarily require
that your Majesty should be informed of the state
and condition of this country, we have directed a
Committee to transmit a true state thereof. Pray for
H.M. long reign and the succession of the House of
Hanover. Signed, E. Moseley, Speaker. 1 p. [C.O.
5, 308. Nos. 11, Hi.]
May 22. 1 96. H.M. Warrant for a Commission to Governor Chetwynd
Richmond. an( j revoking that of Governor Worsley. [C.O. 5, 192. ff.
497-540.]
AMERICA AND WEST INDIES.
Ill
1731.
[May 25].
May 26.
May 27.
Whitehall.
197. Mr. Paris to the Council of Trade and Plantations.
Prays on behalf of Wm. Jamison, Jos. Murray and Wm. Smith
of New York that the Act of New York to prevent the taking or
levying on specialities etc. (v. 17th May) may be reported for
repeal. The Act is wholly unnecessary, in no sort agreeable
to the laws of Great Britain, and fatal to fair traders and
creditors in that province, who cannot run the risks they must
do under it in sueing for their just debts etc. Signed, Ferd.
John Paris. Endorsed, Reed., Read 23rd May, 1731. 1 p.
Enclosed,
197. i. Order of Supreme Court, New York, 20th Oct., 1730,
upon a petition of William Fowler, alleging that John
Leisley had levied the penalty of a bond amounting
to 1221. 7s. sued for besides costs of suit etc. Copy.
Signed, Fred. Morris. D. Secry. f p. [C.O. 5,
1055. ff. 188, 189, 191.]
198. Sir W. Keith to Mr. Delafaye. If his Grace the Duke
of Newcastle is pleased to bestow but a very little time in con-
sidering the nature of our petition etc., and the immense view
as well as importance of the settlement proposed, I can make
no doubt etc. of his patronage etc. and favourable influence
towards promoteing so generous an undertakeing for the defence
of H.M. Dominions and the public benefit of this Kingdom etc.
If explanations or his attendance are desired, he is daily to be
found at his lodgings "in Brew House yard near Privy Garden "
etc. Signed, W. Keith. Holograph. 1| pp. [C.O. 5, 12.
ff. 62, 62.]
1 99. Council of Trade and Plantations to Lt. Governor
Gooch. Acknowledges letters etc. of 29th June and 7th Sept.,
1729, 9th Jan., 9th April, 29th May, 23rd July and 14th
Sept., 1730, and 12th and 27th Feb., 1731. Continue:
We commend your punctuality in corresponding with us,
and we should not have been wanting in proper returns to
you, but the subject matter of most of the above-mentioned
letters related principally to your scheme for improving the
staple of tobacco, and the law which you pass'd in consequence
of it, which being matters of very great consequence, required
a very mature consideration, and it is but very lately that we
have been able to come to any determination concerning them,
wherefore we chose to defer writing to you, till we could give
you some account of them in our letter. Upon considering
this law, we thought it for H.M. service, and for the service of
all those who are concern'd in the trade to Virginia, to receive
the different opinions of such persons as might give us any
further light into this matter ; and as we have met with some
who were very sanguine for the confirmation of this act, and
some as sanguine for the repeal of it, we have chose the midway,
112 COLONIAL PAPERS.
1731. [199]
and have offer'd our opinion to H.M. that the same may lye
by probationary, in order to try the good effects you expect
may result from it ; As the pressing instances you have made,
and the many reasons you have offer'd to us in behalf of this
act, have greatly weigh'd with us in our resolution concerning
the same, we think it the more incumbent upon you, supposing
H.M. should be graciously pleased to confirm our report, to
have a watchfull eye over the persons who are to put this act
in execution, that no partiality be shewn to any person, and
thereby bad tobacco exported from your Colony ; For we
must upon this occasion remind you, that an act of this nature
was pass'd in 1713, and after some years experience was repealed
in 1717, at the desire of all the Virginia merchts., who did
assure the then Board of Trade, that the Agents, who by that
act were the same officers, and had the same duty as those who
by this are called inspectors, did permit as much trash tobacco,
to be exported as before the passing that act. This was one of
the reasons why we did not propose your law to be confirm'd,
and because we shall now have it in our power to advise the
King to repeal the same, as we certainly shall do, if we find by
experience that this act does not answer the intent of its passing,
better than the other law did, in which case the Colony
of Virginia will have been put to a very great expence to no
purpose ; we must therefore repeat once more, that it is the
more incumbent upon you to take great care of the execution
of this law, since you have been so very pressing for its
confirmation. We have recommended Col. Harrison to be of
the Council etc., and he has been appointed accordingly. It
was not possible for us to comply with your request in favour
of Mr. Armistead, having been for some time before engag'd
to recommend Col. Bray, as we have now done in the room of
Mr. Page. We are glad to find that you have at last brought
the negroes to a quiet submission, and we hope that by your
prudent management they may be kept so for the future.
Your letter of 14th Dec. last, wherein, you say, you gave us
an account of the insurrection of the negroes, never came to
our hands. [C.O. 5, 1366. pp. 71-74.]
May 27. 200. Council of Trade and Plantations to the King.
Whitehall. Representation upon Act of Antigua, 1728, to supply the
defects of an act for constituting a Court of Chancery etc. There
are many provisions in this Act for regulating the proceedings
of the Court of Chancery in Antigua, and for supplying some
defects in a former act referr'd to in the title. But the main
purport of the act, is to enable the Lieut. General in the absence
of your Majesty's Capt. General, the Lieut. Govr. of Antigua,
in their absence, and the President of the Council, in the absence
of the other three Officers aforesaid, to preside in and hold
Courts of Chancery there, for the hearing of causes and the
AMERICA AND WEST INDIES. 113
1731. [200]
dispatch of such business as shall be depending in the said
Court. We have taken the opinion of Mr. Fane, one of your
Majesty's Counsel learned in the law, and he conceives the
several provisions therein contained, not to be lyable to
'any objection in point of law, save in one particular only,
where it is attempted to exclude all Courts held in any other
country except in the island of Antigua, from making decrees
or orders in case of suit for lands, tenements or hereditaments,
where the interest or thing sued for, shall lye in that island,
and in case of personal demands where the person or persons
of the defendant or defendants are or shall be resident in the
said island, for tho' he is of opinion that this clause will not
be sufficient to restrain the jurisdiction of any of the Courts
in Great Britain, yet he thinks, it seems to be particularly
calculated against the jurisdiction of the Court of Chancery
here, which is an attempt which ought to be discountenanced.
We have likewise been attended by several merchants and
planters, who are desirous that this act should receive your
Majesty's royal approbation. The principal reason offered
in support of this act, and contained in the preamble, are, that
the inhabitants labour under great delays and inconveniences
in the prosecuting of their rights in Chancery, by reason of the
Chief Governor's frequent and long absence from Antigua, and
from a power exercised by the said Govrs. of granting and
dissolving of injunctions in causes depending in Antigua, whilst
they are resident in some other of the Leeward Islands ; and
we are of opinion that proper remedies should be provided
against these evils. We have no objection therefore to such
parts of this act as relate simply to the regulation of proceedings
in the Court of Chancery ; but we cannot approve that part
of it, whereby the Lieut. General, in the absence of your
Majesty's Capt. General, or the Lt. Govr. etc. in their absence
are enabled to preside in and hold Courts of Chancery, because
we do apprehend that the appointment of Judges and
Chancellors, being a very material part of the royal prerogative,
ought always to be exercised immediately by your Majesty,
or, by some persons to whom your Majesty shall especially
delegate that power, and not by a clause in an act of Assembly,
and the rather, because your Majesty may from time to time
make such alterations or additions to your Royal orders and
appointments as may be suitable to the occasions and advantage
of your subjects, but an act of Assembly cannot be repealed,
whatever inconveniences may ensue from it, without the consent
of the people. The most proper method, therefore, in our
humble opinion, of attaining what is proposed by this act,
most suitable to your Majesty's royal prerogative, and equally
safe and expedient for the people of Antigua, would be, that
your Majesty should be pleased especially to appoint some
person in Antigua to preside as Chancellor, and execute all the
Wt. 441 C.P- XXXVIII -8
114 COLONIAL PAPERS.
1731. [200]
functions of that Office, in the absence of your Majesty's Capt.
General or Commander in Chief, by which means the course
of Justice would be continued without interruption, and the
complaint, which has been so much insisted upon, of granting
and revoking injunctions by the Governor General, when absent
from Antigua, might likewise be entirely removed. The only
objection to the doing of this now, arises from some words in
the first Chancery act already refer'd to, whereby it is presumed
your Majesty cannot, in any case or on any emergency, appoint
another person to preside in the said Court, during the residence
of the Commander in Chief in any other of the Leeward Islands,
because it is by that law enacted, that from henceforth all and
every Court and Courts of Chancery which shall be holden for
this island of Antigua, shall consist of and be holden by the
Capt. General or Governor in Chief etc., and five or more of the
Council of this island at least. But if this be a real difficulty
it is at least a difficulty which the Assembly of Antigua may
easily remove by a new law, whereby your Majesty may be
impowered, notwithstanding the aforesaid Chancery act, or
anything therein contained from time to time to nominate
such person or persons as your Majesty shall think most proper
to supply the duty of the Commander in Chief, and preside,
during his absence, in the Court of Chancery in Antigua, may
do ; But upon this occasion, we cannot help observing, that
great caution ought to be had in making concessions of this
sort to any Colony, when an uncommon favour already granted,
is made use of, as an argument to obtain another still more
extraordinary. The people of Antigua are already upon a
different footing from the rest of the Leeward Islands, by virtue
of the law which this act is intended to amend : For in Antigua
only the Councillors have the right of sitting and voting in the
Court of Chancery with your Majesty's Governor ; But if this
new act should pass, the Council with their President, may
some times have opportunities of deciding causes without the
assistance of the Capt. Genl., Lieut. Genl., or Lieut. Governor,
whose presence may reasonably be assumed to be some
check upon their proceedings, which might possibly be
subject to strong influences, from consanguinity at least, in
an island where all the principal inhabitants, by frequent
intermarriages, are nearly related. For all which reasons, we
humbly propose that your Majesty should be pleased to signify
your disallowance of this act. [C.O. 153, 15. pp. 98-105.]
May 27. 201 . Council of Trade and Plantations to the King.
Whitehall. Representation upon Act of New York, 1730, to prevent the taking
or levying on specialities more than the principal, interest and
cost of suit, and other purposes therein mentioned etc. Continue :
Mr. Fane has made several objections to the confirmation
of it, which are both of a legal and prudential nature. The Act
AMERICA AND WEST INDIES. 115
1731. [201]
appears to have taken its rise from some late executions had
upon judgments obtained in the Province of New York, whereby
the whole penalties of the bonds have been levied instead of
the sums really due, and to prevent this practice for the future,
this law provides that if, upon any judgment obtained, or upon
actions brought and agreed before judgment, any plaintiff or
his attorney shall take or levy more than the principal debt,
lawful interest and costs of suit, the person or persons so
offending shall forfeit double damages to the party grieved,
with treble costs of suit, to be recovered in any Court of Record
in the province of New York. To this provision, it is objected
that according to the practice of the Law Courts in England,
plaintiffs do always recover the whole penalties of their bonds,
but should they levy more than the real debt, with cost and
charges, the party grieved has a remedy by a bill in equity, in
which case the plaintiff shall refund with costs, and the people
of New York have not only the same opportunity of redressing
themselves in a Court of Equity, but likewise an easier way of
obtaining Justice, because their common law courts will, upon
motion, examine in a summary way into any wrong of that
sort, which is what the common law courts in England cannot
do, whereby the injured party is obliged to sue for relief in a
Court of Equity. It is likewise apprehended that this Act
will tend to multiply litigious suits at law, by encouraging the
debtor not to oppose or remonstrate against an unwarrantable
levy in execution of judgment, or what is still worse, by tempting
him to agree in appearance to any exorbitant demand of the
plaintiff, and accordingly to pay more than was really due to
him, with no other prospect than that of recovering double
damages and treble costs of suit, in which case, his gain upon
recovery would be proportionable to the money he had
knowingly paid in his own wrong. We therefore humbly
propose that your Majesty should be pleased to signify your
disallowance of it etc. [C.O. 5, 1125. pp. 162-164.]
May 29. 202. Governor Hunter to the Duke of Newcastle. This
Jamca. serves only to cover enclosed, by a chance ship for London,
that your Grace may have the earliest notice of what may fall
out here. By Capt. Reddish who is to sayle next week will
write more particularly of the state of affairs here etc. Signed,
Ro. Hunter. Endorsed, R. 27th July. Holograph. 1 p.
Enclosed,
202. i. Same to Sir W. Strickland. Jamaica, May 29th.
Announces deaths of two officers etc. Continues :
The companys are all at their respective quarters in
the country, and well barrack'd or lodg'd pretty
healthy, and might be kept so were it not for rumm.
Our Genii. Assembly are employ'd in finding out
methods to accommodate our partys with what may
116
1731.
May 31.
[202. i]
be necessary to enable them to pursue and destroy
the rebel slaves etc. Signed, Ro. Hunter. [C.O.
137, 53. ff. 348, 849u.-850i;.]
May 31.
Richmond.
203. Mr. Popple to Governor Talcot. Acknowledges letter
of 9th Sept. Concludes : My Lords Commissioners desire
that you will constantly transmit to them authentick copies
of the laws passed in your Assembly, and also accounts of all
the publick transactions in your Government for the future.
PS. I find that by a letter from your predecessor Mr.
Saltonstall, dated so long since as 8th Aug., 1710, he promised
the then Lords Commrs. a copy of your Laws as soon as
they should come out of the Press ; tho' it has not yet been
received here. [C.O. 5, 1294. p. 29.]
204. The King to Governor Hunter. Order for restoring
John Ayscough to his place in the Council of Jamaica and
suspending the youngest Councillor there, till a vacancy occur
etc. [For circumstances v. A.P.C. III. No. 230.] Counter-
signed, Holies Newcastle. Copy. [C.O. 324, 36. pp. 277-279.]
May 31. 205. Lt. Governor Gordon to the Council of Trade and
Philadelphia. Plantations. On the 29th ult. I had the honour to receive
your Lordships' commands of 8th Sept. delivered to me by
Mr. Browne etc. I am so conscious, my Lords, of having done
nothing with relation to Mr. Brown but what is just and well
to be defended, that I may venture to assure your Lordships
his complaint shall receive a proper answer. I have given him
regular notice to attend the examinations on my side etc. with
leave to cross-examine ; and he hath already heard such
depositions as must make him ashamed to have troubled your
Lordships with an affair so frivolous with respect to me, and so
exceedingly dishonourable to himself etc. Continues : In
answer to a paragraph in your Lordships' said orders etc., when
I received a deputation from the Proprietors etc., I had their
instructions to correspond frequently with them, and to acquaint
them with the state of their Province, which I have punctually
done etc. ; I likewise knew it was my duty to acquaint H.M.
Ministers and particularly your Right Honourable Board, in
case anything of moment which might be for H.M. service
should occurr, and to acknowledge and pay due obedience to
those directions I should receive from them, which last I have
never neglected to doe. But in this inland Province so few
things happen of any consequence to H.M. interest, and scarce
any at all have happened since my arrival here, that I judged
it improper to take up your Lordships' time with matters of
so small importance. Signed, P. Gordon. Endorsed, Reed.
28th Sept., 1731, Read 4th Oct., 1731 (? by error for 1732).
I%pp. [C.O. 5, 1268. ff. 113, 118v., 1180.]
AMERICA AND WEST INDIES.
117
1731.
June 1.
Whitehall.
June 1.
Whitehall.
206. Council of Trade and Plantations to the Lords of the
Committee of H.M. Privy Council. Report upon Mr. Popple's
petition relating to gratuities and Office fees. Set out, A.P.C.
III. No. 236. q.v. [C.O. 389, 37. pp. 325-328.]
207. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
Encloses, for their opinion in general, act of Antigua, 1726,
to enable Wm. Gregson of the City of London, gent., a plantation
formerly belonging to Roger Williams. [C.O. 153, 15. p. 106.]
June 1. 208. Governor Belcher to the Council of Trade and
Boston. Plantations. Refers to letter of 26th April and encloses laws
since passed in N. Hampshire. Continues : The people there
are still very desirous, that I might have the King's leave for
signing the bill I transmitted in Dec. last etc. Prays for dispatch
in that matter and for mandamuses for Mr. Waldron and Mr.
Gambling for the Council. Continues : I seldom have more
than six to attend in Council, which is a great prejudice to the
King's service. The 26th ulto. I met the new Assembly of this
Province and by their Journal to this time now inclos'd your
Lordships will see, they are of the same stamp with the last
Assemblies. Nor have I the least expectation of their making
any step towards a complyance with the King's Instruction,
as to my support, nor do they seem to pay the least deference
to any thing that is called an Instruction. I must therefore
desire your Lordships wou'd send me the King's leave to receive
my support in the way the Assembly is willing to give it, for it
cannot be thought consonant to reason, justice or honour that
I should go on to support the character of the King's Governour
at the great expense of my own estate. With great submission
to your Lordships my taking the sum the King has appointed
me in the manner the Assembly are willing to pay it cannot
prevent or anyways affect what H.M. in his royal wisdom shall
think fit to do, for his own honour, in seeing that his orders
have all possible obedience paid them. I have in this and
every point acted with the strictest fidelity to the King's honour
and service, and it is a severe thing for his faithfull servants
to suffer in their estates as I have done ever since my arrival.
I hope your Lordships will consider my hard case, and let me
have the leave I desire, and was granted to former Governours,
who had Instructions of the nature of mine, etc. Signed, J.
Belcher. Endorsed, Reed. 5th July, Read 4th Aug., 1731.
If pp. [C.O. 5, 873. ff. 50-51, 53u. (with abstract).]
June 2. 209. Mr. Popple to Major Ayscough. My Lords Commis-
Whitehaii. sioners etc. desire of speaking with you to-morrow morning at
II a'clock, concerning the present condition of Jamaica, and
that you will bring with you at the same time any persons that
118 COLONIAL PAPERS.
1731. [209]
you know can give my Lords the best accot. of that matter.
The like letter was wrote to Mr. Coleman, Mr. Harris, Mr. Morice.
[C.O. 138, 17. p. 314.]
June 2. 210. Minutes of Privy Council. Major General Hunter's
Whitehall, letter of 4th July, 1730, with the papers inclosed, representing
the defenceless condition of Jamaica the orders sent to him
upon them in the Duke of Newcastle's several letters of 12th
Oct. and 9th and 30th Nov. were read. And Maj. Gen.
Hunter's letters of 23rd Jan., llth Feb., 17th and 20th March
and 2nd and 3rd April giving an account of the receipt of those
orders, and of the arrival of the two Regiments at Jamaica
were also read. The Secretary at War acquainted the Lords
that he had received letters from Maj. Gen. Hunter of the
same date and to the same purpose, as also one fom Colo.
Hayes, dated Match 9, 1730/1, with advice of the defeat of the
negroes and the burning of their town ; and representing the
bad condition of the quarters provided for the soldiers who
sicken and dye fast, and that only two companies of his regiment
are together ; the rest being dispersed in quarters all over the
island ; which letters were read. Several other letters from
officers and other persons at Jamaica (enumerated} were read,
all which agree in the account of the sickness of the regiments,
many of both regiments being ill of fevers and fluxes ; that it
increased daily ; that several officers and abundance of the
men were dead ; that at the funeral of Colo. Hayes the whole
Regmt. were in tears, the surviving Officers almost dead ;
that their men dyed daily ; and that the two regiments would
soon fall a victim : that their accommodations were not good ;
that no provision was made for them or care taken of them ;
that three Companies of each Regimt. were sent to Port
Antonio, a very unhealthy place, which were still on board,
quarters not being ready for them ; and the rest were disperst
all over the island ; and some in places where there were no
rebellious negroes ; except only two companies, that were
kept together ; that there seemed to be no want of the troops
there, unless it were to make them planters ; and if the two
Independant Companies were compleat, they would be more
in number than the detachment of the regiments which is
sent to that part where the rebellious negroes are ; that the
affair of the negroes is a trifle, that they had been defeated and
their town burnt ; that there had never been more than 30 of
them together, that the people of the Island did not value
them, nor were in general much pleased with the regiments.
A letter from the Lords Commrs. of the Admiralty, 15th
March, 1730/1 inclosing copy of one they had received from
Major General Hunter concerning the defenceless condition of
Jamaica, and his Grace's answer to them of 5th April, with
another letter from them of 1st May were read. Their Lordps.,
AMERICA AND WEST INDIES.
119
1731.
June 2.
Whitehall.
June 3.
June 3.
[June 3].
June 3.
London.
[210]
upon consideration of the several letters, and finding great
difference in the accounts from ye Govr. of Jamaica, and the
officers and other persons there, as well with relation to the
health and condition of the regiments, as to the service and use
they may be of for the security of the island, and the suppressing
of the rebellious negroes ; and being informed, that Capt. Dent
is daily expected from thence, who is well acquainted with the
state and condition of the island, their Lordps. think it most
for H.M. service to deferr giving any oppinion in this matter
till such time as they have received further information from
Capt. Dent, and by the letters he will bring from Jamaica. In
the mean time the Board of Trade are desired to enquire of the
merchants what necessity they apprehend there may be for
the continuance of those regiments at Jamaica. 4| pp. \C.O.
5,36. jQf.9-11.]
211. Mr. Popple to Samuel Stork. I am to remind you
that you and the New York merchants who attended the Board,
9th April last, of your having informed their Lordships that
you expected the sentiments of your Correspondants at New
York concerning the most proper way of maintaining the fort
at Oswego, without burthening the fur trade of that Province,
etc. Enquires whether they have received any such information.
[C.O. 5, 1125. p. 165.]
21 2. Draft of Fort Nassau, New Providence, as repaired and
enlarged by Governor Phenney, with drafts of design intended
to be finished, and of the fort as he found it etc. Certified by,
Capt. Aspenwald. Endorsed, Reed, (from Capt. Phenney),
Read 3rd June, 1731. Edmd. Oakley delin., 1 large p.
[C.O. 23, 2. ff. 233, 288u.]
213. Account of the loss (930J. 5s. 3d.) sustained by Governor
Phenney from the loss of his two sloops (v. 19th May). Certified
by, Peter Goudet. Endorsed, Reed., Read 3rd June, 1731.
2 pp. [C.O. 23, 2. ff. 231-232.]
214. Bond of Governor Phenney, Samuel Lawford and
William Pinder to Peter Goudet, Treasurer of the Bahama
Islands, in 1200Z. for refunding money raised by him on the
public, 26th Nov., 1729 etc. (v. preceding.) Endorsed as
preceding. Copy. 2 pp. [C.O. 23, 2. ff. 234, 234r;., 235v.]
215. Mr. Morice to Mr. Popple. Reply to enquiry, (v. no. 211).
Continues : My confirmitys of the gout will not give me leave
to attend their Lordships, nor am I able to give their Lordships
any acctt. of the condition of Jamaica ; and untill the ships
arrive from Jamaica, that are expected home next month, I
do not know of any person that [can] give their Lordships
120
1731.
June 4.
Treasury
Chambers.
June 4.
Fredericks-
fort.
COLONIAL PAPERS.
[215]
satisfaction in that affair. Signed, Hum. Morice. Endorsed,
Reed., Read 3rd June, 1731. Addressed. 1 p. [C.O. 137, 19.
ff. 21, 22.]
216. Mr. Scrope to Mr. Popple. Encloses following. The
Lords Commissioners of the Treasury desire the opinion of the
Council of Trade what be fit for H.M. to do therein etc. Signed,
J. Scrope. Endorsed, Reed. 4th June, Read 20th July, 1731.
Addressed, f p. Enclosed,
216. i. Governor Worsley to the Lords Commissioners of the
Treasury. Barbados. Jan. 16, 173x. On the arrears
of 2/6 levy etc. (v. supra 16th Jan). Signed, Henry
Worsley. 2 pp.
216. ii. Same to Same. 27th March, 1731. On the same.
(v. supra 27th March). Signed, Henry Worsley. 4
pp. [C.O. 28, 22. ff. 53, 54-56i;., 58i>.]
217. Col. Dunbar to Mr. Popple. Has had no opportunity
of answering his letter of llth Feb. Refers to his three former
letters etc. Continues : The Penobscot Indians have had
such impressions given them of us that they seem a little jealous
and have not come so frequently among us as usual ; however
I am sure if I am enabled to make them a few prests. instead
of disturbing us, I will undertake by degrees to settle all along
the coast by their consent etc. Repeats that he has been obliged
to make some small lots of land etc. (v. C.S.P. Nov. 17, 1730).
Continues : In John's River about four miles from Fredericks-
fort I layd out a township wch. I called by the name of
Harrington, and yt. river by ye same name, where I made a
plan of a regular towne, fronting navigable water, and gave
fourty acre lotts to the people contiguous to the towne, there
are now there 76 family s, who have cleared part of their lotts
and have made gardens and small plantations, and are burning
bricks and prepareing to build houses being much incommoded
by the weather in poor wigwams or cottages in which they
live at present. Damarescotty river whose entrance from the
fort from the sea is but three leagues, I have called Walpole
river, wch. is very deep and wide, and runs 20 miles navigable
into the country, upon the east side of it I have layd out a
regular compact town by ye name of Walpole, and in it there
are at this time 94 familys, on the west side opposite to it I
have planted another town and called it Townshend, not above
25 familyes are yet there, many of the people being gone for
their wives and cattle. Shepscot river enters but 2 leagues
from Walpole river, and is very large, upon ye east side of it I
have planted a towne which wth. the river I have called
Newcastle, and there I have fixed the people who first petitiond
H.M. for leave to settle to ye Eastward of Kennebeck river,
there are near a hundd. familys there ; from the west side of
AMERICA AND WEST INDIES. 121
1731. [217]
ye river to Kennebeck which is about 8 miles, there is a fine
growth of large white pines, and oak wch., in Nov. 1729, I layd
apart for ye use of the Royal Navy, and gave publique notice
thereof, notwithstanding which some New England people
who call themselves ye Shepscot Company, have committed
great waste and have, the last winter, cutt down 154 mast trees
into loggs for houses and fences by way of takeing possession of
ye lands, but I am prosecuting them for it. Moscougus river
enters from the sea, abt. 12 miles N.E. from Fredericksfort, a
number of New England people who called themselves the
Moscougus Company, came to me upon my first arrival at
Boston and when I told them of the King's intentions and
termes of settling that country, they in a very dutyfull manner
thankfully accepted thereof, and I told them that no others
should have those lands, and that all others of H.M. Protestant
subjects who would do the same should also settle where they
pleased. Accordingly those people are come and comeing
thither. I have called it Torrington, wch. bounds on ye west
and N.W. upon Fredericksfort and Harrington ; Harrington
and Walpole lines meet, and Townsend and Newcastle ; the
people have agreed this season to cutt strait cart-roads from
towne, to build ferrys upon ye rivers and to erect beacons in
proper places, the soil is extraordinary and the country not
at all mountainous, it is covered with wood in veins, some
places red oak wch. is oriely fitt for potash, dry cask and firewood,
in other places white oak fitt for ship timber and wett cask,
some parts mostly spruce, and all intermixed with some ash,
birch, maple and popple or asp trees, very few pines and those
stunted trees which are onely fitt for boards and shingles,
without which no buildings can be carryed on. Every towne
has clay fitt for bricks, and which will be cheaper to ye people
than wooden houses ; great numbers of men are dayly flocking
hither, and I am now upon laying out another towne by the
name of Westmorland upon a fresh pond of thirty miles long
above Walpole, they are now encouraged by letters from London
that ye claims are all rejected, and I should not have presumed
to have proceeded thus farr but that I had ye same account
from London some months agoe, and there was an absolute
necessity for it, besides no claimants on these parts made any
application at home, but waited the issue of Mr. Waldo's
sollicitation wch. would determine all the rest, and he was to
have half of the lands he should get confirmed. If it had not
been for Doctor Cook and him, noe opposition would have ever
been made to the settlements, but all would have acquiesced,
as those of Muscougus had done, and to shew the nature of their
titles etc. repeats stay of John Brown (v. C.S.P. 17th Nov., 1730).
Continues : When I told some of ye purchasers of this affair,
they ownd they gave ye man ye mony but sayd it was in charity,
and he made them a present of the deed in return, wch. they
122 COLONIAL PAPERS.
1731. [217]
layd no stress upon, haveing Indian deeds for ye same lands,
to wch. I have seen no less than 3 such titles from different Indns.
to different people ; I onely mention this to shew that I was
willing to make no distinction between the King's subjects but
receive all who would accept H.M. favour, this may prove Mr.
Waldoe's chief plea in his petition to be false, vizt. that I had
dispossd. several people from their antient possessions and
inheritances, whereas I do solemnly declare that there was but
one family between the island of Arrowzick in Kennebeck river
and the truck-house at Georges 10 leagues eastward of
Fredericksfort, when I first came hither, namely Doctor
Winslow's, now at the town of Townshend, and he is there still
and was never disturbed nor threatend to be disturbed ; this
is all yt. I can think material for me to take notice of in answer
to that petition, but to observe that if your claim is allowed,
there are so many more of the same nature yt. H.M. can have
no reserve in that country for ye Royal Navy, and besides
allowing one Indian's title, is an acknowledgmt. that ye Indians
have a right to dispose of all ye rest of ye lands, and may sett
what vallue they please upon it, or refuse to sell, and thus the
planting a useful! Collony will be defeated, wch. besides a
handsome revenue to the Crowne will consume abundance of
English manufactures, and returns made for them in hemp,
flax and pottashes wch. England now purchases mostly with
ready mony, and from country s whose friendship is precarious.
Mr. Waldo and his party being sensible of the weakness of their
title, have lately purchased an additional one, wch. they
imagined one Mr. Nelson had to all Nova Scotia. Mr. Nelson
is an antient gentleman near 80 years of age, was a relation to
Sr. Thomas Temple who was in these parts near seventy years
agoe, he confessed to Mr. Waldoes frds. when they offered to
treat with him for his title that he had no sort of right, and yt.
if any remain'd, derived from his uncle Sr. Thomas Temple it
must be in my Lord Cobham who is heir to him, but even his
Lordship had none, because Sir Thomas's grant for Nova Scotia
was but dureing his own life, if this be true the records in
England must prove it. Notwithstanding this honest
declaration from Mr. Nelson, Mr. Waldo's friends insisted
upon buying his title and offerd IQOl. New England mony,
wch. he has wthin. this month accepted, and perfected deeds,
wch. no doubt will be trumped up at ye Council Board in
England before this can reach home ; this is a cheap purchase
for Nova Scotia, which to the eastward of Kennebeck river
will be upwards of fourscore millions of acres, and ye 100/.
not worth more than so many ounces of silver ; 'tis much an
easier purchase than Mr. Waldo would willingly have made
abt. 30 months agoe in England, when one day Mr. Gulston,
he and I dined at Pontacks and talking of settling these parts,
wch. was then in agitation, Mr. Waldo sayd yt. he had some
AMERICA AND WEST INDIES. 123
1731. [217]
pretentions to a neck of land between St. Georges river and
Penobscot, and if I could putt him in a way how to gett his
claim confirmed by H.M. he would give a thousand guins. to
any one about Court who would serve him therein. I answered
that I did not know how or where to make any such application
of mony. Mr. Gulston I believe would scorn to lye and I
appeal to him for his testimony herein ; that claim of Mr.
Waldo and Compa. (as they call themselves) is near 600,000
acres, reckoning onely from St. Georges to Penobscot, but now
by his petition he would include Mt. Muscougos, wch. etc.
another sett of people claim and are actually settleing, waveing
any pretentions but under the new terms, which many of the
better sort of people tell me does ye more incourage them,
because they will be under a Kingly Governmt. and hope for
H.M. more immediate countenance, which these parts could
never expect from the Masachusetts Bay, being at too great
a distance from them, and it may appear from ye addresses
contained in the 4 printed books sent by me to His Grace ye
Duke of Newcastle and to my Lords Commrs. for Trade
and Plantations soon after my arrival at Boston, that the
Masachusets people refused to build the fort at Pemaquid as
being too remote from their Province, and therefore could be
of no advantage to them, the opposition now given to the
settlements is the pure effect of their principles for opposition
sake, and not with any designe of settleing it themselves, they
haveing land enough in the Masachusets province for 40,000
familys more than they have in ye country, besides the large
province of Main which from Piscatua River to Kennebeck is
nearer 100 than 90 miles, 30 of which at this time from North
Yarmouth in Casco Bay has not 30 familys upon it, ye other
70 to Piscatua river, wch. parts it from New Hampshire has
onely one line of townships along ye seashore and those but 8
miles deep into the country, except on Piscatua river ye town
of Berwick 15 miles from the sea ; there are but small
improvemts. in these towns, they live chiefly by their saw-mills,
and are not to be restraind by any law yet in being, nor can the
most diligent officers prevent such numbers of disobedient
people, who very little regard the King's authority and very
frequently insult his officers, a flagrant instance of this lately
happened to one Capt. Lancelot a master of a ship who was
attacqued, severely wounded and robbed, his wounds were
such as that the people imagined they had killed him by their
boasting that they had destroyed one Surveyor of ye Woods.
He was a little man and was taken for Mr. Slade one of my
Deputys at that time near ye same place upon his duty, who
sent his horse for Mr. Lancelot to carry him to a surgn., this
fact was related in one of the Boston newspapers, and is since
confirmed to me by Mr. Slade etc. Refers to and repeats part
of his letters Jan. 12th etc., the quit-rents due and the titles
124 COLONIAL PAPERS.
1731. [217]
produced by the inhabitants for the lands, " particularly Collo.
Westbrook." Continues : It may be worth consideration
at home whether to demand the said arrears, in default of
paymt. the title reverts to the Crowne ; all those patents were
so much esteemed that they are registered in the town books
of York which is the county towne etc. York is but 7 miles
from the river of Piscataqua, and thither upon all sessions and
sizes people from the west side of Kennebeck are obliged to
resort upon all occasions near 90 miles, and what is yet harder
upon them, they send representatives to Boston, 60 miles
westward of Piscatua, and must follow any appeals thither to
ye Governour and Council, and travel thro' the body of the
Governmt. of New Hampshire ; there are many people tearing
one another to pieces upon disputes of lands in the province of
Maine, many familys at Casco who have settled and improved
thereabouts for several years are now to be turn'd out by old
claimants to the same lands who have layn dormant, and they
are now to loose the benefit of their buildings and improvemts.
by some new comers, among whom are Mr. Waldo and Mr.
Westbrook who lately purchased the old titles for trifles, on
purpose for erecting saw mills, as those lands are chiefly covered
with large white pine trees. When I was at Casco in January
last, ye Selectmen came to me in behalf of many others, and
prayed me to represent their grievances home, and asked my
approbation to call a towne meeting to aggree upon a petition
to H.M. to annex them to this province, but I declined it, and
now I have fresh application to beg in the name (as they say
of ) of the province of Maine that I would putt them in a way
to lay their grievances before H.M., and how they may be
annexed either to New Hampshire or Georgia, but I gave no
answer, than, that I could not appear in it, but if they would
send my petition to one of the Secretarys of State, or to my
Lords Commissioners for Trade and Plantations and send
substantial proof of their allegations it would be enquired
into, and an answer wd. be returnd to them. I beg pardon
for this long digression, and leave to observe the opinion of the
Indians of ye pretended sale of lands by their ancestors, they
say that their lands are unalienable, that their ancestors had
onely a natural right dureing their own lives, and could not
deprive their posterity of the same right, no more than they
could take away their lives, nor do they pretend to any such
right over their children, the tribes are much diminished, and
many of them extinct ; it is very observable that when any
settlemts. are made, ye Indians have insensibly decreased, and
when any tribe is reduced to a few, they quit that place and
incorporate with other tribes, and so the names of them are
extinct ; the descendants of some in whose names formal
deeds are trumpd. up, do, notwithstanding claim ye lands sold
by their ancestors, and have offerd to sell their right dureing
AMERICA AND WEST INDIES. 125
1731. [217]
their own lives, but pretend to no more. In my first letter to
His Grace the Duke of Newcastle and to my Lords Commrs.
I acquainted them, upon my return from Fredericksfort,
that the Proprietor of ye lands there offered to sell his right
to me for a trifle. My answer was, before a great number of the
Indians, that I was not come there to buy lands, for yt. all
belonged to ye King of England who sent me to settle his
subjects here, and no man had a right to sell any, upon this the
Indians seemed grave and kept silence awhile, and then the
proprietor told me with a smile, that King George was welcome,
and I was welcome. I have in all my former letters sayd soe
much of this country and of ye many different claims and titles
to ye very same lands, yt. I can onely add, that if any of them
are allowed, it will lay foundations for eternal suits and disputes
among the people and endless appeals home, if ever this country
be settled under those claimts., and besides it will create quarrels
among ye descendants of the Indians who formerly sold, each
of them insisting that the title their ancestors gave, is best.
Upon the whole if H.M. allows one claim, he cannot avoyd
allowing all under ye same case and then he may give over any
expectation of ever hearing of a good settlement here or any
advantage to ye Crowne. In some of my former letters I gave
you an account of large claims eastward of Penobscot, one of
20 miles square to Mr. Winnet, now of ye Council of Nova
Scotia, by a grant from the French Governour before ye
reduction of yt. province. To conclude I beg leave to referr
to a printed case and state of the Crown's title to these lands
signed by Dr. Pinfold after ye former disputes before His late
Majesty in Council about ye year 1718, when for many reasons
therein mentioned, ye title was absolutely declared to be in the
Crowne. Now Sir in answer to what my Lords Commissioners
are pleased to say relateing to the expenses I have made in
laying the foundation of this Settlement. I most humbly
thank their Ldsps. for the good offices they intend me, and
herewith I send you an honest account of my disbursemts.,
so farr as I conceive they are for publique service, and I
chearfully submit it to my Lords how farr they are soe ; As to
the part respecting the Indians it is unavoydable, and if their
Lordships will be pleased to look over my 23rd Instruction
etc., it will appear how much reason I had to bestow somewhat
upon these people, and yt. Instruction has farther encouraged
me to promise that if by their behaviour, they deserved it, H.M.
would order them some small presents, in blankits, corn, small
shot and powder for their hunting ; they are now expecting
them and it will be quite impossible for me not to give some-
thing, I hope my Lords will recomend it ; two hundred
pds. pr. year, until the quit-rent and the other penny to defray
the province charges commences, will be sufficient, wch. sum
must mostly be layd out in blankets, powder, swan, goose and
126
COLONIAL PAPERS.
1731. [217]
duck shot, laced hatts of about 10s. sterl. each, and some flints
from London. As for travelling charges for me and my
Deputys, I believe it is usual for all rideing officers, some of
them are very rarely long in a place, and it is not easy to imagine
the expence they are at and the fateague of travelling in this
country, they are all in debt and cannot attend this duty without
some addition, or travelling charges, in my humble opinion
fifty pounds pr. ann. added to each of them in lieu of travelling
charges would be a less expence than to pay them pr. diem.
I will allways keep them full imployed ; I submit my own
expences to my Lords' recommendation, and hope they will allow
that I have not been idle ; the sum I charge for sloop hire and
men and victuals is all payd and charged to me, it was impossible
without it to give any description of ye parts which I have
done in my letters ; I formerly proposed that if 2001. was
allowed me I would build a proper coasting sloop, and would
maintain her for so much pr. ann. ; this would enable me to
view ye coast and rivers, prevent any abuses, and go any where
on H.M. service. As for the other articles in my account, I
found it quite impracticable to lay any foundation for a settle-
ment, without some cover and security for the people, and
therefore raised a dry stone wall 4^ feet thick, upon ye ruins
of ye old fort, wch. also commands a fine harbour, and protects
vessels against any insult from the Indians, or other enemy,
and so by degrees I was insensibly drawn into this expence.
Any part of it that will be ordered me, I shall thankfully receive
as so much given, and if any is deducted I hope it will be allowed
out of the quit rents when they become due ; and were I not
under incumbrances here upon account of those expences I
would be well contented to be payd out of ye quit rents etc.
As for the publique advantages accrueing hereby I have onely
this to say, that if recovering a fine and a vast country from a
wilderness and planting an usefull Collony there, raiseing a
small fortification with the King's flag, a few ship guns, small
armes and ammunition, and putting it in a posture of defence,
and by inconsiderable presents reconcileing the savages to
receive H.M. subjects with good will and friendship, instead
of forceing them at an expence of blood and mony, or letting
it remain a wilderness for ever, if this be not deemed to be of
publique use and advantage is most humbly submitted to my
18th June, superiors. It is now the 18th of June, 4 days ago Major Cosby
arrived here with an Officer, serjt. and drummer and twenty
men from Governour Philips's regt. from Canso. I wrote to
the Governour in September last pursuant to my Instructions
to send me 30 men, upon apprehensions that the Indians would
give us some uneasyness being incited thereunto, but I hope
nothing will persuade them to it ; if there had been occasion
it appears by this how impracticable it is to depend upon any
assistance from Nova Scotia. The Officer and his men are well
AMERICA AND WEST INDIES. 127
1731. [217]
lodged within the fort, and brought their provisions and
ammunition with them. My letters are generally so very long
that I fear it prevents their being taken into consideration.
I have no other pleasure in writeing, but as I think it my duty,
and I am really not able to do it according to my Comn.
and Instructions to correspond with ye other Offices. I am
frequently troubled with a little of the palsy, and cannot afford
to keep any Clerk or Assistant, nor indeed to live myself, upon
my present income in my ordinary expences etc. Continues :
I am like to suffer here yt. I have no answer to the appeals I
sent home etc. I have given security to prosecute ye appeals
in a year, or to pay treble costs ; I made no doubt of a decree
against Wyer upon my appeal sent to you 14 months agoe.
The stock of paper etc. which I brought wth. me at my own
expence is near out. I never had one sheet of paper given me,
wch. others are allowed that make less use of it. I pray Sir
that you will recommend this to my Lords and that you will
watch an opertunity at their leisure to lay this long epistle before
their Lordships with my most humble duty and thanks for all
their favours, which as I am going to New Hampshire I shall
take another oppertunity to do from thence. P.S. I hope
by the honour I have of being a sub to Mr. Belcher in the Lt.
Governour's Commission of N. Hampshire, it is not intended
to take me from ye new settlemts. If I am allowed a sloop
I will engage to do anything yt. may be required of me in each
place. Encloses, a list of (19) forges and (6) furnaces in
Massachusetts. Signed, David Dunbar. Endorsed, Reed. 7th
Sept., Read 13th Oct., 1731. Holograph. 19 pp. With
marginal notes for reply. [C.O. 217, 6. ff. 58-67t>.]
June 5. 218. Governor Hunter to the Duke of Newcastle. Since
Jamaica. mv last, of which herewith goes a duplicate, there has nothing
fallen out extraordinary here. The Genii. Assembly was
adjourn'd at their own request for a fortnight on account of
the Supream Court. They are to meet again on Tuesday next.
Encloses Address etc., " which contains fair promises. I shall
not answer for the performances. Something may be done
in the affair of the quit rents : They have resolved to subsist
the two regiments for six months more. They are all at their
several quarters, those in the country have suffered least being
farther from rum than these in the towns, and generally speaking
the whole well barrackt or lodg'd. The inclosed petition etc.
was this day given me by the Chief Justice and the other Judges
etc. The girl said nothing in her own defence on her tryal,
but after sentence, the matter appear'd so plain, that the Bench
ordered the woman to be prosecuted for perjury and recom-
mended the unhappy young woman as an object of H.M. mercy,
and I am an humble suitor to your Grace that her pardon may
be granted etc. When the Session is over I shall inform your
128 COLONIAL PAPERS.
1731. [218]
Grace more particularly of affairs etc. Signed, Ro. Hunter.
Endorsed, R. Aug. 31st. 2| pp. Enclosed,
218. i. Address of the Assembly of Jamaica to Governor
Hunter. Return thanks for his Speech. As he
recommended, they have come to resolutions for
strengthning and securing the island and restoring
its credit ; introducing white settlers, and rendering
white servants more useful by a more speedy method
for the recovery of their wages ; for better regulating
the retailing of rum ; the making good all deficient
funds ; and the better securing and more speedy
collecting H.M. quit-rents etc. We shall not be
wanting in rewarding the services of the regular
troops. As we are of opinion an Agent is necessary
to sollicite our affairs in Great Britain, we shall think
of some proper person for that purpose etc. Copy. 1 p.
218. ii. Petition of Alice Clayton to Richard Mill, C.J., and
his associated Judges. Petitioner was condemned
for the murder of her bastard child. She said nothing
in her defence, being afraid of prejudicing in her
business, her mistress, the first witness at her trial,
who is a school-mistress and has maintained and
employed her ever since her parents died when she
was very young, if it should become known that she
was acquainted with her being with child and with
her delivery, petitioner little doubting but that her
mistress as she often promised would on her trial set
forth the facts etc. Altho' she was not so happy to
be amongst people who had compassion enough to
listen to her crys, yet she made earnest and loud
complaints and three several times sent out one of
the scholars to call Mrs. Laugher, wch. scholar was
in Court ready to give her testimony, but was not
produced etc. Prays to be recommended for H.M.
pardon. Signed, Alice Clayton, her mark. 1 p.
Overleaf.
218. iii. Recommendations by the Jury and Judges of above
petitioner as a fit object of H.M. mercy etc. Copy.
I p. [C.O. 137, 53. ff. 352-354, 356, 356i;.]
June 8. 21 9. Mr. Storke to Mr. Popple. Has communicated his
Eilife street, letter of 2nd June to the gentlemen who attended the Board
Manflids. ^th April. " They have wrote over to there correspondents
at N. York as I have done the same, but we cannot expect to
receive answears for three months to come " etc. Signed, Sam.
Storke. Endorsed, Reed., Read 9th June, 1731. Addressed,
Post-mark. (The usual triangular stamp, " Penny Post Paid,"
with the word Pidgeon written above it). (But one cannot say that
this implies Pigeon-post /). 1 p. [C.O. 5, 1055. ff. 192, 193i;.]
AMERICA AND WEST INDIES.
129
1731.
June 8.
Whitehall.
June 9.
Whitehall.
June 9.
Whitehall.
220. Council of Trade and Plantations to the King. In
reply to 28th Jan. have no objection to the granting to Anthony
Rutgers 70 acres known as the Swamp, under the quit-rent
now paid for the land at New York, with provisoes that it be
drained in one year etc. Set out, A.P.C. III. p. 309. [C.O.
1125. pp. 166-168.]
221. Same to the Duke of Newcastle. Abstract. Enclose
extract from Governor Montgomery's letter, 21st Dec., 1730,
relating to the trading house intended to be erected by the
French in the Sennekees' country. His Grace is fully apprized
of the arts used by the French to withdraw the affections of
the Five Nations from the English, contrary to the intent of
the 15th article of the Treaty. The same consequences are to
be apprehended from this new trading house, as have really
happen'd from that erected some years ago at Niagara, which
is now converted into a fort, by which the French have gained
a possession in that place. Refer to their representations to
Lord Carteret on that point. The French have now taken
the very same steps in a country to which they have not the
colour of any title, and should they be permitted to go on,
might be of very fatal consequence to our Indian Nations, w r ho
might thereby be drawn from their allegiance to H.M. etc.
Printed, N.Y., Col. Doc. V., 918, 919. Autograph signatures.
2 pp. Enclosed,
221. i. Extract from Governor Montgomery's letter, 21st
Dec. 1730.
221. ii-iv. Commissioner for Indian Affairs to Governor
Montgomery, Nov. 26, 1730. Copy. With Minutes.
Copy. (Without enclosures). [C.O. 5, 1086. ff. 22,
22v., 24, 24u., 26-28z;., 31, 32u. ; and 5, 1125. pp.
169, 170.]
222. Council of Trade and Plantations to the Committee
of Privy Council. Report upon petition of Ex-Governor
Phenny. State case and quote Peter Goudet, Treasurer of the
Bahamas, that the sums raised during his administration were
justly applied to the service of the public, and accounted for
to the Assembly. The Assembly's objections appear to relate
solely to the legality of the method by which the mony was
levied. There was no assembly constituted during his
government, so that the money was raised by the highest
authority which then subsisted, and by the same power as his
predecessor had levied taxes for the same purposes. Continue :
We think Mr. Phenny's proceeding to be very justifiable
from that part of his Commission whereby he was authorized
to do everything that might conduce to the security of his
Government, the good of the people, and the honour of the
Crown. Acts of this kind have their foundation in reason, and
Wt. 441
C.P. XXXVIII y
130 COLONIAL PAPERS.
1731. [222]
are vindicated from their own necessity, as well as by the
practice of England towards infant Colonies. It may be further
alledged in Mr. Phenney's favour, that the aforesaid levies were
approved at the Quarter Sessions of the Island, which was the
most popular Court that could take cognizance of such matters,
before the constitution of the Assembly and the people of the
Bahamas did concur in several addresses to Mr. Phenney,
approving his whole conduct. It would be a very great hardship
therefore if he should be obliged to stand the event of a suit
at law in the Bahamas upon the abovementioned bond ; and
we have no objection why H.M. may not be graciously pleased
to order his Governor to deliver the said bond to Mr. Phenney's
Attorney, in order to be cancelled. With respect to the sloops
fitted out by Mr. Phenney, to fetch provisions for the garrison
at the Bahamas, altho' he may have been a considerable sufferer
by their being cast away in their return to those islands, yet
as it does not appear to us that he had any orders for that
equipment ; we can only submit this article, together with that
of the fortifications, upon which Mr. Phenney appears to have
taken a great deal of pains, to H.M. goodness and compassion.
Partly set out, A.P.C. III. pp. 316-318. q.v. [C.O. 24, 1.
pp. 196-201.]
June 9. 223. Mr. Sharpe to Mr. Popple. I begg you will be so kind
as to move the Lords Commrs. to appoint days to take
the following mess, into their consideration etc. (i) An act
passed in Pennsylvania, 1727, for the establishing of Courts
of Judicature, with the petition of John Moore against the
same. This is to be heard by Councill on both sides etc. (ii)
Acts of Jamaica for the better regulating slaves etc., and (iii)
enabling Capt. King and Lady Cotton to sell Pero plantation etc.
Endorsed, Reed. 10th, Read 5th June, 1731. Addressed. 1 p.
[C.O. 137, 19. ff. 23, 24i;.]
June 9. 224. Duke of Newcastle to the Council of Trade and
Whitehall. Plantations. Encloses following etc. It is H.M. pleasure that
you comply with what is desired etc. Signed, Holies Newcastle.
Endorsed, Reed., Read 10th June, 1731. 1| pp. Enclosed,
224. i. Address of the House of Lords to the King, 6th May,
desiring that the Council of Trade and Plantations
may be directed to receive all proposals that may be
laid before them for preventing running of wool from
England and Ireland and lay before this House proper
methods for preventing the same etc. Signed, Wm.
Cowper, Cler. Parliamtor. Copy. 3 p.
224. ii. Address of the House of Commons to the King, 5th
May, that the Council of Trade and Plantations be
directed to lay before the House, in the next Session,
a state of H.M. Colonies and Plantations in America,
AMERICA AND WEST INDIES.
131
1731. [224. ii]
June 10.
Whitehall.
June 10.
Whitehall.
with respect to any laws made, manufactures set up,
and trade carried on there, which may affect the
Trade, Navigation and Manufactures of this Kingdom.
Copy. I p. [C.O. 323, 9. ff. 63-64, 65, 68u.]
225. Mr. Popple to Governors of Plantations. Circular
letter to all Governors. H.M. having been graciously pleased
upon an Address of the House of Commons to give directions
to my Lords Commissioners etc. to prepare a representation
to be laid before the House in the next Session of the state
of H.M. Colonies in America, with respect to any laws made,
manufactures set up and trade carried on there, which may
affect the trade navigation and manufactures of this Kingdom
etc., desire that you will immediately send them the best and
most particular account you can etc. on these matters. [C.O.
324, 11. p. 242.] '
226. Council of Trade and Plantations to the King. It
having been lately represented to us, that inconveniences may
arise from the devolution of Government in the Leeward Islands
as it is at present setled by your Majesty's Commission etc.,
whereby it is directed, that in the absence of the Capt. General
the chief command shall devolve upon the Lieut. General, and
in his absence, upon the Lieut. Govr. of Nevis and upon the
President of the Council in that Island, in the absence of the
Lieut. Governor. In all probability, the first cause of giving
this preference to Nevis, was, it's having been entirely settled
before any other of the Leeward Islands ; but as St. Christophers
and Antigua are now become much more considerable, the
reason of that preference ceases, and we most humbly offer to
your Majesty, that for the future the chief command in these
islands shall, in the absence of the Capt. General and Lieut.
General, devolve upon the eldest Lieut. Governor being resident
in any of the four islands, according to the priority of their
commissions of Lt. Governor. We are induced to recommend
the Lieut. Govrs. preferrably to the Presidents of the several
Councils, because the former have the honour to bear your
Majesty's commission, and generally speaking are persons of
greater consequence, and better acquainted with the nature
and methods of command and authority ; But if it should
happen that neither the Governor in Chief, the Lieut. General
nor any of the Lieut. Govrs. should be resident in the islands,
we could humbly propose in that case that the chief
command should devolve upon the President of the Council
of St. Christophers, and the reason why we give preference
to this island is, that it was first discovered and planted by the
English in conjunction with the French, and had it not been
for that partition it would probably have been first named
in the Govrs' commission ; but the French part having been
132
COLONIAL PAPERS.
June 10.
Whitehall.
[June 10].
1731. [226]
surrendred to Gt. Britain etc., it is now entirely settled by
your Majesty's subjects, and is become equal to, if not
of greater consequence than any other of the Leeward
Islands. The Governmt. of the Leeward Islands is now
devolv'd upon the President of ye Council of Nevis, and
we should have proposed this alteration sooner, had there ever
been any probability that this would have happen'd. If
your Majesty shall be pleased to approve of this alteration,
we take leave humbly to propose that it may be made in ye
draught of the Commission lately prepared for Col. Cosby.
[C.O. 153, 15. pp. 107-109.]
227. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 12 acts of the Bahama Islands, 1729. [C.O. 24,
1. pp. 206-208.]
228. Extract of a letter from Col. Montgomerie to Andrew
Drummond. I return you inclosed a receipt of Capt. Luckes
of a box which you said, contained a seal for the Province of
New Jersey ; his ship I hear was cast away on the Western
Islands, so the seal never came to my hand. You must represent
this to the Lords of Trade, that a new one may be ordered.
Exd. A. P. Endorsed, Reed, (from Mr. Drummond) Read
10th June, 1731. | p. [C.O. 5, 972. ff. 202, 207i>.]
June 10. 229. Mr. Popple to Mr. Fane. Encloses, for his opinion
Whitehall, in point of law, nine Acts of the Massachusetts Bay, 1728 and
1729, and five of New Hampshire, 1729. [C.O. 5, 916. pp.
412-414.]
June 10. 230. Council of Trade and Plantations to the King. In
Whitehall, reply to 10th March, quote their letter to Govr. Belcher of
12th Dec. Continue : Since that time, we have reced.
letters from him, in which he acquaints us, that notwithstanding
he had formerly had, of ye next Assembly's acting more suitably
to your Majesty's Instructions, yet he found they would not
go beyond what had been settled in ye foregoing session, and
he was sorry to acquaint us, that ye new Assembly had gon
backward, and seem'd to do nothing more than had been done
about forty years ago, when their present form of Government
was first established. Upon this, we beg leave to inform your
Majesty that by your 26th Instruction to Mr. Belcher, it is
declared to be yor. Majestie's express will and pleasure, that
he do not give his assent to any act, or order of Assembly etc.
for any gift to be made to him etc., except only in the manner
prescribed in the 27th Instruction, quoted (that he should
propose to the Assembly to pass a law declaring the salary of
their Governor for the time being to be WOOL pr. ann. sterling).
Continue : By the Act referred to us, it is provided that ye
AMERICA AND WEST INDIES. 133
1731. [230]
summ of " 2400/. shou'd be paid out of ye publick Treasury to
Jonathan Belcher Esq., etc. for ye present, as an ample and
honble. support, and suitable to ye dignity of his station."
Likewise, ' That at ye beginning of ye next ensuing May
session, another Act should pass, for an ample and honourable
support to ye sd. Governor Belcher, which shou'd be annually
renew'd at ye beginning of every May session during his
government and residence in that Province," etc. In our opinion
the 2,4:001. thereby intended to be given to the Governor is
contrary to his 26th Instruction, and the provision thereby
intended to be made, that at ye beginning of the next ensuing
May session another Act should pass, for an ample and honour-
able support to Governor Belcher, which should be annually
renewed etc., does, by no means come up to his 27th Instruction,
but seems rather calculated to leave the Govr. still dependent
upon ye Assembly for his support, and we are at a loss to imagine
how Mr. Belcher in his letter to the Duke of Newcastle could
think that this might be taken as a settlemt. during his
Governmt. [C.O. 5, 916. pp. 415-418.]
June 10. 231 . Governor Rogers to the Duke of Newcastle. Refers
N. to letter of 10th Feb. (Nos. 47, 55) etc. and Mr.
ice ' Colebrooke's obstruction in the matter of the fortifica-
tions etc. Continues : Having at several other times bred
disturbances between me and the inhabitants and also
encouraged the soldiers of the garrison to mutiny here
and make unjust complaints at home, he was the last
Sessions indicted by the Grand Jury and also tryed and
found guilty by a Petty Jury for baratry etc. Will soon
transmit the whole proceedings. Continues : Mr. Colebrooke
is now proceeding to appeal. I am extremely concern'd that
there was a necessity for so much rigour and that if he had
been suffer'd to continue his evil practices H.M. might have
had a much worse account and perhaps riskt or lost the Colony,
shou'd either our neighbours the Spaniards or Pirates have any
view to surprize us during our dissentions occasioned by this
man, for here has been more contention lately than I knew
even whilst I was last here amongst the pirates. And I hope
this example will prevent anything like it for the future etc.
Signed, Woodes Rogers. Endorsed, R. 8th Sept. 1 p. Enclosed,
231. i. Copy of indictment and sentence of John Colebrooke
as a common barrator and disturber of the public
peace. Fined 7501. and imprisoned till H.M. pleasure
be known. N. Providence, 25th-31st May, 1731.
2 pp.
231. ii. (a) Protest offered by 17 inhabitants of the Bahama
Islands against the composition of the Grand Jury
which returned a true bill against John Colebrooke.
It is said to have been composed of strangers, one of
134
COLONIAL PAPERS.
1731.
June 10.
New
Providence.
June 10.
Whitehall.
June 12.
Hampton
Court.
June 12.
Hampton
Court.
June 12.
Boston.
[231. ii. (a)]
the garrison, and persons of infamous character.
25th May, 1731. 17 signatures. Subscribed,
231 ii. (b) Mr. Rogers refusing to take any cognisance of the
above protest, it was delivered by Samuel Lawford,
one of the signatories, to the Chief Justice in Court,
and therefore and for other abuses in the face of the
Court, Lawford as a ringleader was committed. Eight
of the signatories were afterwards of the Petty Jury
that found Colebrooke guilty. The whole, 1 p. [C.O.
23, 14. ff. 185, 187-188z;.]
232. Governor Rogers to the Council of Trade and
Plantations. Part duplicate of preceding letter. This goes to
So. Carolina by H.M.S. Cruizer. Will soon transmit an account
of the whole state of the Colony, which is but indifferent, chiefly
occasioned by Mr. Colebrooke etc. Signed, Woodes Rogers.
Endorsed, Reed. 28th Sept., 1731. If pp. Enclosed,
232. i. Duplicates of enclosures i. and ii preceding. [C.O.
23, 3. ff. 73, 73v., 80u.-82i>. ; and duplicate without
enclosures, sent via Jamaica and endorsed, Reed. 9th
Aug. 1731. ff. 76, 7Qv., 77v.]
233. Council of Trade and Plantations to the King. The
seal for New Jersey having been lost with the ship by which it
was sent, desire instructions for engraving another. [C.O. 5,
996. p. 266].
234. Order of King in Council. Approving representation
of 10th, and ordering that the chief command of the Leeward
Islands, in the absence of the Capt. and Lt. General, shall
devolve as therein proposed, and that Governor Cosby's Com-
mission be altered accordingly. Signed, W. Sharpe. Endorsed,
Reed. 18th June, Read 22nd July, 1731. 2j pp. [C.O. 152,
19. ff. 55-560.]
235. Order of King in Council. Appointing David Bray,
Councillor of Virginia, in place of Col. Man Page deed. Signed,
W. Sharpe. Endorsed, Reed. 10th, Read llth Aug., 1731.
lipp. [C.O. 5, 1322. ff. 169, 1690., 170u. and 5, 21. f. 7.]
236. Governor Belcher to Duke of Newcastle. His
former letters and the Journal of the Representatives enclosed
must make it clear that there is no prospect of anything being
done conformable to H.M. Instruction as to fixing a salary.
Continues : I am, My Lord Duke, perfectly devoted to H.M.
service and honour, and the interest of His British Dominions
and these I think not only consistent with but a strengthning
of the prosperity of his Plantations, and after this way of
AMERICA AND WEST INDIES. 135
1731. [236]
thinking I have conducted the administration of the King's
Government here. And before the year comes about I shall
have spent more than the King has required for the support of
his Govr., and yet have hardly been able to live as necessarily
becomes H.M. Govr. I wou'd therefore with great submission
repeat to your Grace that upon a sedate and reasonable review
of this matter I can't believe it will be thought justice to me
or for the King's honour that I must imploy my life in the
King's service and that of his subjects here, to the continual
consumption of my own estate, without the least support from
the Crown, or from the people here. Yet this has been and is
my hard case. I would therefore pray, My Lord Duke, that
I may have H.M. leave to sign the inclosed bill etc. (v. 26th
April, No. 157 i.) for my support, which your Grace must believe
will strengthen me in the service of the Crown, and it will be a
punishment upon the people to take their money, " for they
really smile at the late Govr's spending 1000Z. sterl. of his
own estate without receiving a farthing from them " etc.
Quotes cases of Lord Bellamont and Mr. Dudley. Concludes :
I suppose the great affairs of Europe have continually ingrost
your Grace, and prevent me any answer to the many letters
1 have wrote etc., yet even this, My Lord Duke, makes this
Assembly imagine the King has given over the affair of the 27th
Instruction, etc. Signed, J. Belcher. Endorsed, R. Aug. 1st.
2 pp. Enclosed,
236. i. Copy of bill for granting 5,400Z. to Governor Belcher
etc. ; including 2,400/. previously voted but not
consented to. June 8, 1731. Copy. 1 p. [C.O. 5,
898. Nos. 86, 86 i.]
June 12. 237. Governor Belcher to the Council of Trade and
Boston. Plantations. Regrets not having heard from the Board since
their letter of 12th Feb. etc. Repeats gist of preceding letter
to D. of Newcastle. Adds : Should the King finally recede
from his orders after so long a controversy (publisht in all the
prints of Europe and America) I truly dread what would be the
consequences to this Province. Some might be wild enough
to fancy they were able to govern and protect themselves.
Signed, J. Belcher. Endorsed, Reed. 23rd July, Read 4th Aug.,
1731. Copy. 2f pp. Enclosed,
237. i. Duplicate of preceding encl. i. [C.O. 5, 873. ff.
54-56, 57v.]
June 14. 238. Sir W. Keith to Mr. Courand. Requests him to " put
His Grace in mind to procure a reference to the Board of Trade
upon " his petition etc. Continues : His Grace was pleased
to promise to me it should be dispatch'd two weeks agoe " etc.
Signed, W. Keith. Holograph. 1 p. [C.O. 5, 12. /. 64.]
136
COLONIAL PAPERS.
1731.
June 16.
Whitehall.
June 16.
Whitehall.
June 16.
Whitehall.
June 18.
Hampton
Court.
June 18.
Boston in
New
England.
239. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 15 Acts of New Jersey, 1730. [C.O. 5, 996.
pp. 267-270.]
240. Same to Mr. Paris. Tuesday morning is appointed
for the consideration of the Act of Pennsylvania for the
establishing of Courts etc. [C.O. 5, 1294. p. 30.]
241. Mr. Popple to John Sharpe. In reply to his letter,
the Board have appointed Tuesday morning next for the
consideration of the Act of Pennsylvania for Establishing Courts
etc. Has given Mr. Paris notice. They also desire to have his
objections to the Act of Jamaica for the better regulating slaves
etc. [C.O. 138, 17. pp. 314, 315.]
242. H.M. Warrant appointing David Bray to the Council
of Virginia. Countersigned, Holies Newcastle. [C.O. 324, 36.
p. 280.]
243. Address of the Council and Representatives of the
Massachusetts Bay to the King. We, your Majesty's loyal
and dutiful subjects, in great submission to your Majesty, as
well as faithfulness to your subjects of this Province, humbly
implore your Majesty's indulgence, and compassionate ear,
while we lay before your Majesty our great difficulty by reason
of your 27th Instruction to your Governour. We account it
our greatest honour, and it is our highest joy, that in the compass
of your Majesty's extensive Dominions, none are more firmly
and zealously attacht to your Majesties person, and the august
House of Hannover, than the whole body of this people : and
as we are universally fixed in the principles of loyalty and
obedience, and our hearts and affections strongly engaged to
your Majesty, by the repeated instances of your paternal care
and tenderness towards us ; so particularly by your Majesties
distinguishing goodness to this Province, in the appointment
of your Majestie's present Governor, and being sincerely desirous
to enable and encourage your Majesty's Governour, chearfully to
manage the public affairs, your Majesties Council and the House
of Representatives, soon after his arival pass'd a bill for his
ample and honorable support, and again at the beginning of
the present session, they have offered the sum of 5,400/., which
sum he has declined accepting on account of your Majesties'
Instruction, directing the settlement of a salary on the
Governor ; which Instruction, in faithfulness to the rights
and privileges of your Majestie's subjects here, we cannot comply
with, inasmuch as it would in a great measure alter, if not
subvert our happy constitution, wherein it is designed that
every part of the Legislature should be induced by interest,
as well as duty, to consult an harmony with the others : And
we beg leave to observe that the Council, and Representatives
AMERICA AND WEST INDIES. 137
1731. [243]
have a great dependance on the Governor in many particulars
nearly affecting their interest, and that the Governor is under
little, or no inducement, as to interest to cultivate a good
understanding with them, more especially the House of Repre-
sentatives, except that of their granting his support. And
while your Majestie's Governor refuses to accept of anything,
unless in the way of a fixed salary, and your subjects here, for
the reason aforesaid, cannot come into such settlement, the
Governor must needs be a sufferer for want of a decent and
honorable support. We would therefore most humbly intreat
your Majesty, to grant your royal order of leave, that your
Governor may receive the sum that has already bin granted,
and such further sums as may be granted for his honorable
support, suitable to the dignity of his station, when he shall
judge them to be so ; which we doubt not this, and all
succeeding Assemblys will readily come into, and should they not,
we acknowledge your Majesty will have just reason to show your
displeasure. Your Majestie's dutiful Council, and Represen-
tatives would also humbly beg leave to set forth the great
difficulties arising from your Majestie's 30th. Instruction,
whereby, should it be comply'd with, the House of Represent-
atives would be hindered from passing on those accompts, which
they humbly apprehend they have a good right unto, in
conjunction with the other branches of the Legislature ;
and this is very consistent with the Royal Charter, forasmuch
as the Governor, by warrant, with the advice and consent
of your Majestie's Council, thereupon issues the money out of
the Treasury, which the House of Representatives never pre-
tended to intermeddle with, but always supposed, that this
of right belonged to your Majestie's Governour and Council,
by the Royal Charter, nor has any money ever been drawn
out otherwise ; and should this instruction take effect, the
House of Representatives, who raise the public money, and
whose constituents pay it, would not in many cases, be in any
capacity to prevent misapplications of the money, or of
obtaining any redress upon undue payments, which it is humbly
conceived, would be against common right and equity; for
the direction as to a future examination, can serve only to
aggravate our distress, but noways helps to refund the money,
or gain any relief : there being no possibility of impeachment
here, as there is in such cases, in our Mother Countrey, before
the Right Honorable the Lords Spiritual and Temporal in
Parliament assembled. Wherefore your Majestie's Council,
and House of Representatives would most humbly supplicate
your Majesty to withdraw the Instruction aforesaid, so far
as it respects the passing accompts. Signed, In the name, and
by order of the Council, Josiah Willard, Secretary ; In the
name, and by order of the House of Representatives, John
Quiney, Speaker. 1 large p. [C.O. 5, 898. No. 87.]
138
COLONIAL PAPERS.
1731.
June 20.
New York.
June 20.
New York.
June 21.
Boston.
244. Governor Montgomerie to the Duke of Newcastle.
Abstract. Acknowledges letter of Sept. 25, 1730. Recommends
Henry Lane for Council of N. Y. in place of Robert Walters
deed., and Dr. John Rodman for Council of N. J., in place of
John Hugg, deed. Has just returned from a conference at
Albany with the Six Indian Nations, whom he found sincerely
attached to Great Britain etc. Encloses packets lately sent to
him by a courier from the Governour of Canada. Printed,
N. Y. Col. Doc. V. p. 919. Signed, J. Montgomerie. Endorsed,
R. 8th Sept. Holograph. 3 pp. [C.O. 5, 1093. ff. 162-1 63u.]
245. Governor Montgomerie to the Council of Trade and
Plantations. Abstract. Has heard that his last letters were
safely delivered, before he had an opportunity of sending
duplicates. Longs with great impatience for their answer,
as he cannot meet the Assembly of New York till he has
instructions about the support of the garrison at Oswego, nor
that of New Jersey till he knows the fate of the bills now before
the Board. Recommends Henry Lane to fill the place in the
Council of New York of Robert Walters deed., and Dr. John
Rodmon as Councillor for N. Jersey in place of John Hugg deed.
Has just returned from meeting the Six Indians at Albany,
and found them sincerely attached to Gt. Britain. Set out,
N. Y. Col. Doc. V. 290. Signed, J. Montgomerie. Endorsed,
Reed. 29th July, 1731, Read 17th May, 1732. 1| pp. [C.O.
5, 1056. ff. 1-2, 6i>. (with abstract}.]
246. Governor Belcher to the Council of Trade and
Plantations. Since my last (of which you have duplicate here-
with) several ships are arriv'd from London without a letter
from your Lordships except a few lines purely in favour of the
bearer Mr. Reynolds, son to my Lord Bishop of Lincoln, who
not finding the collection of N. Hampshire to answer his
expectations returns by this conveyance. Had he remained,
I should have given him all the assistance in my power etc.
Continues : H.M. Council and House of Representatives send
to their Agents by this conveyance the bill they have past for
my support, with their Address to H.M. that I may have leave
to take it, and they think they have made a great step, inasmuch
as the bill they have now past is after the rate of 3000L a year
from my arrival etc., whereas they us'd to give Govr. Shute
no more than 1000L a year and that was voted only half yearly.
I am really of opinion they will not give less for the future,
and that they'll do it at the beginning of the year which practice
will make the Govr. independent from year to year. Let that
be as it will I don't suppose H.M. will withdraw his Instruction
etc. Yet I can't see the reason, justice or honour of his Govr.
being starv'd or consuming his own substance while he is
defending the cause of the Crown etc. Hopes for the royal
AMERICA AND WEST INDIES.
139
June 21.
Boston.
1731. [246]
leave to take his support as the Assembly will give it etc.
Continues : As to the 30th Instruction I cannot think it
consistent with the King's honour to part with the power
reserv'd to the Crown in the Royal Charter, and I really think
in that article the House of Representatives thirst after a
power that by no means belongs to them, and cou'd they come
at it, it wou'd give them such an overbalance of power as
wou'd greatly weaken the just authority of H.M. Govr. and
Council, and tend to the destruction of the present happy
constitution of H.M. Government here. I, therefore, hope
your Lordship[s] will rightly represent this matter and prevent
the mischief that might be consequent upon their obtaining
what they aim at. In my next I shall give my reasons more
at large against the House of Representatives having anything
to do with passing or paying accompts. The Charter certainly
intends that matter shou'd always be with the Govr. and
Council. Signed, J. Belcher. Endorsed, Reed. 27th July,
Read 4th Aug., 1731. 2| pp. [C.O. 5, 873. ff. 58-59i;.]
247. Same to Mr. Popple. Abstract. Acknowledges letters
of 24th Feb. and 5th April, with the opinion of the Attorney
and Solicitor General on fines and recoveries, which he will
communicate, as there shall be occasion, " though I hardly
know an instance of any such things being attempted in their
Government." Repeats complaint that he has not heard
from the Board, which makes the Assembly imagine that the
affair of the 27th Instruction is over etc. Repeats part of
preceding, the expense of his voyage, commission and
supporting the King's honour here to make it necessary that
he should be allowed to accept the Assembly's allowance.
Concludes : The appointment of the new Lieut. Governor of
N. Hampshire after his so vilely traducing me, has been a
great weakning of the King's authority in my hands, nor do I
believe it will be the least strengthening of him in his other office.
I wish you Sr. very happy in every article of life, and shall
be glad to render you any acceptable service in this part of the
world. Signed and endorsed as preceding. 2| pp. [C.O. 5,
873. ff. 60-61 v.]
June 248. Memorial by M. Desruaux. Sta. Lucia is used as a
11-22. depot for trade betwen the French and English, whose ships
arrive there daily and exchange cargoes etc. Urges necessity
of settling the disputed soverainty of the island etc., and explains
its value. Signed, Desruaux. French. 4-|- pp. [C.O. 253, 1.
No. 62.]
[June 22]. 249. Extracts from several letters from Jamaica relating
to the rebellious negroes and the two Regiments.
(a) Col. Thomas Townshend to Mr. Walmesley, late Agent
to Br. Newton. Port Royal, 12th Feb., 1731. Three companys
140 COLONIAL PAPERS.
1731. [249. (a)]
of ours, and three of Col. Hayes's are embarked for Port Antonio,
where it has been said the runaway negroes have been trouble-
some, altho' I do not find so much in that, as has been reported,
and if it were, as they have 120 miles of mountains to range
in, it seems very impracticable to destroy them, the people
do not seem to value them, nor do they for the most part seem
well pleased at our comeing.
(b) Col. Robert Hayes to Major Sowle, his Agent. Port
Royal, 14th Feb., 1731. After 7 weeks passage from Gibraltar,
we arrived here the 7th etc., the regiment in very good health,
but begin now to be very sickly. No oven sure was ever so
hot. I find it affects my eyes very much, and still have the
gravel very much, and my legs swell. We have yet only 14
companies landed etc., for I find we are an unexpected guest.
The affair of the Blacks I took upon to be quite a Bam, for I
can find nobody that has either seen or felt them in a wrathfull
manner ; we shall very soon be dispersed about the Island,
not a company together, after that I know no business I have
here except to sacrifice my health and impoverish my fortune,
for realy twice my income will not maintain me as a Collo.
ought to live, and I have only the same allowance here as an
Ensign which is 20s. pr. week.
(c) Col. Townsend to Col. Cope. 2nd March, 1731. The
accommodations of the two Regiments here, I am affraid will
not be very good : at our landing no manner of provision had
been made, for I cannot find that anyone expected us, and I
am very sure that at present there is no occasion for us : the
affair of the rebellious negroes is a triffle, they have force
sufficient of their own twenty times told, to put an end to that
whenever they have a mind to exert themselves ; nor have
they ever been known to appear fifty together in armes etc.
In the mean time we are a burthen to the Island of about
15,OOOL a year etc. Both regiments are at present ill of feavers
and fluxes ; I expect to have bad account of them within these
3 months etc. Everything here is excessive dear, twice dearer
than at Gibraltar, no species of money less in value than a
royale of plate, which is prodigious hardship upon the soldiers.
(d) Same to Mr. Walmesley. 3rd March, 1731. To same
effect as preceding.
(e) Col. St. Cornwallis to Lord Cornwallis. 5th March, 1731.
Most part of the regiment will be dispersed about the country
in many places where there never was a rebellious negro ever
heard of, so that two regiments here are no more wanted, except
they have a mind to make planters of us, (especially since we are
so well with Spain), which I believe some of them have hopes
off, for most of them say they are glad we are come because they
want white people and not for fear of the blacks, for no one
pretends to say that thirty of them were ever seen together etc.
This is the most expensive disagreeable place under the sun etc.
AMERICA AND WEST INDIES. 141
1731. [249. ()]
Our people begin now to be sickly, tho' 'tis at present the
healthiest time reckoned etc. Regrets that so many young men
should have been sent, when the people were surprized at their
coming, and there is now nothing for them to do etc. The
troops to be sent to Port Antonio are forced to live still upon
last provision, for there is at present neither provision or
lodging for them, so they keep on board the ships still etc.
Concludes : I fancy if you mention this to some of my friends
one may have a chance to come home, etc. ; if we stay, they
must provide better, but by that time perhaps above half may
be dead.
(/) Same to Same. 10th March, 1731. We have buried the
Major of our regiment, and I fear every account will be worse
and worse etc. for our men are sent to the quarters in the county,
before they have provided barracks etc. Within these two days
the inhabitants of the two towns have petitioned to have two
companys each, paying their lodging themselves, else they
would have been dispersed in like manner. In short the upper
sort of people of this island are such brutes, and the Governour
so mild, that we shall suffer most terribly, for as the majority
of the last Assembly did everything to vex him, we are sadly
used by that means, for they have taken from him the power
of quartering the King's troops as they ought to be, for he says
he could not help it, and that the Assembly would do it in
spight of his teeth etc. We have an account from the party
that was sent after the negroes, who say they went to their
settlement, and fought several hours, and have burnt their
town, but in this terrible engagement they have neither killed
nor taken any one of the negroes, so presume those they pretend
to have fought with so long were men in buckram etc.
(g) Col. R. Hayes to Major Soule. llth March, 1731. Both
men and officers fall sick very fast. The regiment is dispersed
all over the island, and no surgeon can go from quarter to
quarter to attend them etc. Complains of their very miserable
condition etc. Half a crown in England will go farther than a
pistole here etc. I shall think myself well off if this expedition
costs me only 1000Z. extraordinary : I have taken a little house
here at a place called Ligony, the pleasantest part of the island,
but no better than an English barn which I am obliged to pay
20Q/. a year ; for my cook, which is a very indifft. one 5Ql. ;
and everything dear in proportion etc.
(h) Col. Cornwallis to Lord Cornwallis. Port Royal. 15th
March, 1731. One can't set 24 hours without hearing of some
of the corps being either sick or dead. I'm sure there is not
an officer here but with pleasure would go to the most desperate
seige rather than stay in this damned unwholesome place etc.
They say everybody has a seasoning, and that seasoning has
hitherto carryed off everyone that has had it etc. I fear that I
shall have a dismall acct. from the country quarters, having
142 COLONIAL PAPERS.
1731. [249.
already heard from some that they have been very cruelly used
and have had no care taken of them.
(i) Extract of a letter from Port Royal to a merchant in
London. 19th March, 1731. The regiments have lost several
of their principal officers (named) : abundance of the men die
etc.
(j) Col. Cornwallis to Lord Cornwallis. Port Royal. 20th
March, 1731. Since my last my Coll. is dead, if ever one is to be
preferred, now is the time, for no service is equal to the barbarous
usage, we here suffer etc. The new negroes were never used in
so ill a manner as we are. I would this moment give my
commission to be in England, to represent what ill usage so many
of H.M. subjects meet with, for the sake of, I fear, a few people,
for I can't be an hour in the day without hearing of some of the
Regiment being either sick or dead etc.
(k) Extract of a letter from Port Royall, 20th March, 1731,
communicated to Lord Torrington. Deplores the sickness and
losses of the Regiment etc. The whole endorsed, Reed, (from
Mr. Henry Popple), Read 22nd June, 1731. Collected by the
order of Sr. Wm. Strickland, H.M. Secretary at War. 6 pp.
[C.O. 137, 19. ff. 25-27v., 28v.]
June 23. 250. Council of Trade and Plantations to the King. We
Whitehall, have lately had under consideration three Acts passed in New
Jersey (i) for shortening law-suits etc. (ii) concerning the acknow-
ledging and registering deeds and conveyances of land etc., and
(iii) for the frequent meeting and calling of the General Assembly
and for the alternate sitting thereof etc. The two first are in
substance the same with two Acts passed in 1715, which were
afterwards repealed etc. Quote from representation of Jan.
10, 1722. Continue : Governors of Plantations are expressly
forbid by your Royal Instructions to re-enact any laws which
have formerly been repealed by the Crown unless they first
receive your Majesty's permission for that purpose, or do insert
therein proper clauses declaring them of no effect until they
shall be confirmed by your Majesty. As to the last mentioned
Act whereby the Assembly is made triennial etc. this is an
Act of a very extraordinary nature importing a great change
in the constitution of the Province, and if your Majesty should
be pleased to allow of any such alteration therein, we cannot
but think it very fit that it should take it's rise from the Royal
authority wch. first gave being to the form of Government
established in New Jersey, and not from the Assembly of that
Province. In this Act likewise the suspending clause is omitted,
and therefore we humbly lay it before your Majesty, together
with the two first, for your disapprobation, all of them having
been passed contrary to the Governor's Instructions, the two
first being destructive of the jurisdiction of the law courts in
AMERICA AND WEST INDIES.
143
1731. [250]
New Jersey, and the last of a nature too much encroaching
upon the Prerogative of the Crown. [C.O. 5, 996. pp. 270-
273.]
[June 24]. 251 . Merchants of London trading to Virginia to the
Council of Trade and Plantations. An act of Assembly, 1726,
for laying duties on liquors imported, was continued by another
act in 1730 till June, 1734. By a clause in the last act no more
than half the duty is to be paid for any liquors imported in any
ship or vessel wholly and solely belonging to the inhabitants
of the said Colony. This clause is not part of the Act of 1726,
and such exemption is a very partial proceeding, and is assuming
a power of taxing H.M. subjects at large to a higher degree
than themselves etc., and a setting up the shipping of that
Colony in opposition to, and in great prejudice of the Navigation
of this Kingdom, etc. Pray for repeal of latter act, and that
the Governor may be restrained from passing any act laying
any higher duty on the goods 'or ships of H.M. subjects residing
in this Kingdom, than on those belonging to inhabitants of the
said Colony. Signed, Micajah Perry and 13 others. Endorsed,
Reed, (from Mr. Wood) 24th Read 29th June, 1731. If pp.
[C.O. 5, 1322. ff. 164, 164i;., 1650.]
June 24.
Whitehall.
June 24.
Whitehall.
June 24.
Boston.
252. Council of Trade and Plantations to the Committee
of Privy Council. Have heard Counsel for and against the
confirmation of the Act of Pennsylvania for the establishing of
Courts etc., referred to them 14th May, 1730. Continue : The
principal design of this Act is to repeal certain powers supposed
to have been vested in the Supream Court of Judicature in
Philadelphia by a former law for establishing Courts of Judicature
passed in 1722 etc., " which is almost in every other particular
the same with that which the petitioner desires to have repealed,
and as we are of opinion that the continuance of this new law
might prove highly prejudicial to H.M. Revenue in Pennsyl-
vania, and be an encouragement to illegal trade in that
Province by putting the Officers of the Customs under great
difficulties in prosecutions upon seizures made of contraband
goods imported to contrary to law etc., propose its disallowance.
(v. A.P.C. III., 193). [C.O. 5, 1294. pp. 31, 32.]
253. Council of Trade and Plantations to Lords Commis-
sioners of the Treasury. Request payment of Office expences
and Officers' salaries for quarter ending Midsummer. Account
annexed. [C.O. 389, 37. pp. 329, 330.]
254. Governor Belcher to the Council of Trade and
Plantations. Argues, from clause in the Charter as to the
disposal of money by the Governor, that it was never intended
that the House of Representatives should have the passing of
144 COLONIAL PAPERS.
1731. [254]
public accounts or paying of them, or that the Governor should
be merely a servant to the Assembly to pay the debts of the
Province in exact conformity to their orders etc. Believes the
Assembly will rise in* a few days, when he will transmit their
Journal etc. Signed, J. Belcher. Endorsed, Reed. 27th July,
Read 4th Aug., 1731. 2f pp. [C.O. 5, 873. ff. 62-680.]
June 24. 255. Petty expenses of the Board of Trade, Lady day to
Midsummer, 1731. (v. Journal). 5 pp. [C.O. 388, 80. Nos.
6-8.]
June 27. 256. Governor Worsley to the Duke of Newcastle. As
Barbadoes. the French in this part of the world seem very intent in making
new settlements, I think it my duty to give your Grace an
account of the French which have settled at St. Lucia as well
as of the English ; By the common computation there are
supposed to be three hundred French familys. I can't learn
there are above five or six English, it is also computed there's
as many French at Dominico, and a great many at St. Vincent's,
both English and French imploy themselves in raising of stock,
sowing corn, and cuting timber ; I don't find that the French
have any grant for the land that they take up, but the Governour
of Martinique gives them leave to go thither to cut timber
and fish, and as they clear away the ground they plant it with
corn, and breed great quantities of stock, two or three of the
French familys have taken up a great deal of land, and are
grown rich ; one or two I am informed applyed to the Governor
of Martinique for leave to plant canes, and erect cattle mills
to make sugar, but he would not grant it ; the few English
that are settled at Sta. Lucia took up the land which they
thought convenient for them, and clear the timber which they
bring hither for sale and plant corn, and provision to support
their negroes which they keep there, as well as for sale here,
I know not any of them have any grant or permission from the
Duke of Montague, one of them Mr. Batt built a small vessell
of about fifteen tons, and applyed to me for a register etc.
Refers to former letter. Continues : I have been informed that
the Governour of Martinique some times talks of removeing
the English from off that Island. On the Island of Tobago
there are no French familys yet settled, but the French go thither
to catch turtle, and whilst they stay there make huts to live in,
during the time of their fishing, the intention of the French
seems to be to people these islands gradually, and as they can
live much more hardy then the English, are more able to make
such settlements, than they. In November last I advised your
Grace that a French guardecote of Martinique had taken some
English vessells at Sta. Lucia etc. Encloses the Governor's
reply to his letter (encl. i). As the Assembly in their Minutes
of 13th Feb. last, mention that I had demanded of them 20001.
AMERICA AND WEST INDIES. 145
1731. [256]
and upwards for the pretended repairs of Pilgrims House I
herewith transmit to your Grace their Addresses to me upon
that head, by the first of which your Grace will observe that
they desired me to lay before them, an account of the charges
of the repairs of Pilgrim House which I did in Nov. 1724, and
after they had examined the accounts and receipts they
addressed me llth of May 1725 in these words, " It appearing
to us that your Excellency has laid out, paid, and expended
the sum of 2070?. 14s. Id., current money in and about the
necessary repairs of Pilgrim House and buildings " etc. The
Assembly mention in the same Minutes that there was but 87
barrels of powder in the great Magazine tho' there were wont to
be 800. I have transmitted to your Grace their address to me
the 12th day of October 1725 by which your Grace will observe,
that on account of the ruinous condition of the old magazine,
they desire me to appoint a proper place or places for the keeping
the said powder, and stores, till the Magazine should be repair'd,
or a new one erected, and accordingly I order'd it to be remov'd
into the several forts, but I do not so much wonder at this
proceeding since they say in the same Minutes that they know
that I opposed their Sugar bill at the Board for Trade and that
Mr. Sharpe my Agent opposed the same, my letter to your
Grace as well as the Board for Trade will justify my conduct
upon this head, and as to Mr. Sharpe's opposing the same tis
now notoriously known that their Agents in England first
employed him, and then dismissed him by orders from hence,
and Ireland and the other Colonies immediately retain'd him.
The Council here some time since were very much exasperated
at the treatment they met with from the Assembly, who called
them incendiaries, and it might have been carried to great
lengths had I not kept my temper, and conducted it calmly,
but at present the Island is very quiet, etc. Signed, Henry
Worsley. Endorsed, R. 27 Sept. 4 pp. Enclosed,
256. i. Governor of Martinique to Governor Worseley.
Martinique, 22nd May (N.S.), 1731. In reply to encl.
iii, has waited for enclosed reasons given by M. le
Procureur General for the condemnation or release
in the Admiralty Court of English vessels seized at
Sta. Lucia. With regard to the complaint lodged by
Mr. Farel against the Captain of the French coast
guard-ship Domaine, he was ready to hear their case,
but they have not pursued the matter any further
as they should have done etc. Signed, Champigny.
French. Copy. 2 pp.
256. ii. Findings of the Admiralty Court, Martinique, (i)
The English bark Anne of Dartmouth (Capt. Shepheard)
was released with costs and damages from day of
seizure, it being proved that she had loaded and
cleared from Barbados and had only been 8 hours at
Wt. 441 C.P. XXXVIII 10
146 COLONIAL PAPERS.
1731. [256. ii]
anchor at Sta. Lucia, (ii) The bark Jeanne Marie
d'Amboye was released, with costs and damages
against the Domaine. The master had no papers
to prove that he had really loaded at the island of
Iscap [sic], so that it appears he was generously treated
on the assumption that he had been forced to put in
at Sta. Lucia, (iii) The bark Two Brothers had no
papers on board and was condemned and confiscated
with her boat for trading at Sta. Lucia, her crew having
been rowing a boat laden with a keg of brandy, (iv)
The Good Intention was likewise confiscated, it being
proved that she had come from Barbados in ballast
and being found laden with produce of the French
islands, (v) The Fortune was confiscated, for having
no papers and trading at Sta. Lucia, being laden with
goods admitted by the Captain, Isaac Royal, he had
taken off Sta. Lucia. Copy. French. 1| pp.
256. iii. Governor Worsley to the Governor of Martinique.
Barbados, 19th Feb., 1731. The ship Anne, John
Shepheard master, which, after leaving Barbados for
Newfoundland, put into Sta. Lucia, having on board
no cargo except 9 barrels of sugar loaded at Barbados,
and its own stores, was seized with several other
English vessels by a French coast-guardship and
taken into Martinique. I am convinced that, if my
information is correct, you will not approve this
conduct, but order the immediate restitution of the
said vessels etc. Signed, Henry Worsley. Copy.
French. 1| pp.
256. iv. Address of the Assembly of Barbados to Governor
Worsley. 26th Nov., 1724. Request account of
charges for repairs of Pilgrim's. Signed, Robt. Warren,
Cl. of the Assembly. Copy, f p.
256. v. Address of Same to Same. 12th Oct., 1725. Request
removal of powder whilst the magazine is being
repaired etc. v. covering letter. Signed, as preceding.
\p.
256. vi. Address of Same to Same. llth May, 1725.
Quoted in covering letter. Same signature. 1 p.
[C.O. 28, 45. ff. 183-185i;., 187, 1870., 189, 189i>.,
191, 193, 195.]
June 27. 257. Governor Worsley to the Council of Trade and
Barbados. Plantations. Your Lordships' letter of the 21st of October
last, I received not till about a month since. Your Lordships
in the same letter desire me to give you a particular account
of the number of French, which are settled at St. Lucia, as
well as of the English. Continues as preceding covering letter
from, " By the common computation." Signed, Henry Worsley.
AMERICA AND WEST INDIES.
147
1731.
June 28.
New
Providence.
June 29.
New
Providence.
[257]
Endorsed, Reed. 3rd, Read 22nd Sept., 1731. 6 pp. Enclosed,
257. i-vi. Duplicates of preceding encl. i-vi. [C.O. 28, 22.
ff. 116-118, 119t;.-120z;., 121i>.-124u., 125D.-126, 127w.,
128, 129sy., 130, 131*;.]
258. Mr. Bonnet to Mr. Delafaye. Encloses following.
Mr. Colebrooke intends to appeal, but every fact alledged against
him is plainly proved etc. Continues : I am glad to hear you
continue the Governor's friend, and hope all affairs here will
soon go better, tho' the utmost clamour possible is made here ;
and false insinuations amuse the people ; and I beleive facts
that cannot be justified here are represented home, because
no letters can be admitted in the vessel but from their own
party, but seeing a small packett preparing from the Governor
to be directed to his Grace the Duke of Newcastle on his
Majesty's service which they could not deny the master of the
sloop's carrying, I adventured this in it. Signed, Lews. Bonnet.
l pp. Enclosed,
259. i. Duplicate of June 10 encl. ii (a) and ii (b). [C.O.
23, 14. ff. 189, 189i>., 191-192U.]
259. Governor Rogers to Mr. Delafaye. Refers to letter
of 10th June. Continues : The vessel by which this goes
(in order to conceal the design of her proceeding to England)
is cleared out for Bermuda to prevent my sending any letters
in her, she being hired by Mr. Colebrooke, tho' in other person's
name, as I apprehend to carry hence all that he can invent,
or prevail on those of the party he has made here, to joyn in,
by way of complaint against me, I find there is a necessity for
my taking the liberty of directing this packet to you, for a
further security of its being conveyed and delivered, which I
hope you will be pleased to excuse. The prosecuting Mr.
Colebrooke I humbly hope will be approved, and convince
the Ministry what a mischievous person he has been, and how
much he has obstructed the welfare and peopling of this Colony.
For my part, I assure you, Sir, I never had so much uneasiness
in my life as he has occasion'd me here ; for instead of applying
himself to the improvemt. and encouragemt. of trade (which
was what he came abroad for) he together with four or five
more who were his companions and dependents made it their
whole study to injure and distress me by continually
endeavouring to stirr up sedition and animosity in the minds
of the people, and discontent and mutiny in the garrison which
he attempted by all the methods he could think on etc. Requests
that he may be given time to answer any misrepresentations
etc. Is doing all he can for Mr. Bonnet. He has lately written
to " the good Lord Townshend " etc. P.S. Not being certain
that this vessel goes for London, will not venture by it what he
intended to the Duke of Newcastle and Board of Trade etc.
Signed, Woodes Rogers. 2 pp. [C.O. 23, 14. ff. 193, 198u.]
148
COLONIAL PAPERS.
1731.
June 30.
New
Providence.
June 29.
Whitehall.
260. Same to Mr. Popple. Has sent preceding by another
conveyance. A vessel will sail in about 16 days and bring
such accounts as will satisfy the Board he has not been negligent
etc. Mr. Colebrooke refuses to appeal in the manner prescribed
in my Instructions, and has been above three weeks with two
clerks writing all he can to justifie his actions etc. Repeats
part of preceding etc. Signed, Woodes Rogers. Endorsed,
Reed. 21st Aug., 1731. 1 p. [C.O. 23, 3. ff. 83, 86v.]
261 . Council of Trade and Plantations to Governor Rogers.
Acknowledge letters etc. of Oct. and Feb. 10th last. Have
referred the acts enclosed to Mr. Fane and will take them into
consideration on receiving his report. Referring to Capt.
Phenney's bond (v. Feb. 10th and June 9th), " we are of opinion
that the Assembly should not have put him under so great a
difficulty, and therefore we have propos'd to H.M. that this
bond should be cancelled." Continue : We observe by the
Minutes of Assembly of 1st Oct. last, that upon a message
from them, desiring that the Council books may be laid before
the Assembly, you gave directions accordingly. Upon this
occasion, we must observe to you, that as by your Instructions
all laws to be pass'd by you are required to be consistent with,
and as near as may be consonant to the laws of this Kingdom ;
so it would be proper that the proceedings of the Assembly
also should resemble those of the Parliament of Great Britain,
so far as the circumstances of the Colony and your Instructions
will permit. And as the Council with you as in all ye other
Colonies abroad have two capacitys very different in their
nature, and design, so their proceedings as the King's Council
in political matters should be kept entirely distinct from those
wherein they act as one branch of the Legislature, and ought
to be fairly entered in separate books. It would be a pretty
difficult task to lay down a plan for the proceedings of your
Assembly in future times, or to allot the particular limits to be
observed by them. But in general we may observe to you
that the Constitution of England owes its preservation very
much to the maintaining of an equal ballance between the three
branches of the Legislature, and that the more distinct they
are kept from each other, the likelier they will be to agree,
and the longer they will be likely to last. By the Minutes of
the sixth of the same month, we find the Assembly desir'd
Capt. Phenney's Instructions might be laid before them ; But
as the Instructions, which H.M. thinks proper to give to his
Governors, are only for their conduct and guidance, you will
be the proper judge which of them, and when they ought
to be communicated to the Assembly. By the Minutes of 12th
May, 1730, the Assembly seems to have been prorogued by the
Governor and Council, but as this does not appear to be the
case by the Minutes of Council of the same date, you must
AMERICA AND WEST INDIES.
149
June 30.
Whitehall.
1731. [261]
take care to have this amended in the Journals of the Assembly,
and the rather because the Council cannot claim any right of
proroguing the Assembly, and altho' this is a mistake, yet some
time or other, if not corrected, it may be made a precedent
to claim a power never yet granted to any of H.M. Councils
abroad. We have consider'd what you write concerning Mr.
White and Mr. Jenner, the former of which you have
suspended from his seat in Council. Upon this occasion,
we must take notice that you did very wrong to desire any
Member of the Council to retire at a time that you had some-
thing to propose to the remaining Members, for everyone of
the Council has an undoubted right to sit and debate at that
Board, until H.M. shall think fit to displace him from thence,
or he be suspended for sufficient reasons, in the manner
prescribed by your Instructions ; and if after this usage, Mr.
White has thought himself so much slighted, as to refuse to
return to the Council, when you sent for him, we do not think
this is a sufficient reason for suspending him. [C.O. 24, 1.
pp. 201-206.]
262. Mr. Popple to Governor Montgomerie. Encloses
duplicates of circular letters of 10th. inst. and packets to be
forwarded for the Governors of Connecticut and Rhode Island.
Abstract continued : Those Proprietary Governments have
long since been required to transmit authentick copies of their
laws. Govr. Talcott, Governor of Connecticut, by his letter
makes him not without hopes of compliance from that quarter,
but Rhode Island has vouchsafed no answer to the General
Queries sent them. If the laws of those provinces are printed,
asks him to send copies by the first opportunity. Printed, N. Y.
Col. Doc. V. pp. 921. [C.O. 5, 1125. pp. 171, 172.]
[June 30]. 263. Case of Francis Williams of Jamaica. John Williams,
his father, being a free negro, and by his great fidelity and
industry having acquired a considerable estate, he obtained
an act, afterwards approved by the Crown, whereby it was
enacted that no slave should be evidence against him, and that
the said John Williams should henceforth be tryed by a jury
according to the known laws, customs and priviledges of English-
men and the practise and usage of that island. John Williams
married with Dorothy a free negro by whom he had three
children all sons whom he educated in the Protestant religion
according to the Church of England and also gave 'em all other
suitable education in a liberal manner. Another act was passed
in Jamaica to give the like priviledges to the wife and children
as to John Williams etc. But by an act passed 28th March
for the better regulating slaves etc., severe clauses are laid on all
free negroes in general ; (i) That all free negroes shall in
default of every free negroe's appearing at the vestry of the
150 COLONIAL PAPERS.
1731. [263]
parish where he resides when thereunto summoned by a warrant
from any J.P. in such parish in order to having their own and
the names, ages and sexes of their wives children registred,
such free negro for the first offence is to forfeit 101., for the
second 20/., and for the third his or her freedom and to be
transported etc., on conviction before any two Justices of the
Peace and three Freeholders. This clause is apprehended to
be very improper and too much for the Assembly to take upon
them to enact, as it directly takes away those libertys and
priviledges given the family of the Williams by the several
acts beforementioned etc. Besides to lodge such an extensive
power in any two Justices and three Freeholders is much too
large etc. Loss of freedom will of course carry with it loss of
estate, which in the family of the Williams amounts to above
20,000/., which is too great a temptation to have a nefarious
use made of this and the following clause ; (ii) That all free
negroes from the age of 15 to 60 shall be obliged on every
summons or order of every custos next magistrate collector
or next commanding officer in each of the parishes to appear
when and where directed in order to be sent out in any party
that shall be ordered out in pursuit of the rebellious and run-
away negroes, and every free negroe who shall neglect to appear
or refuse to go out in such party shall for the first offence be
committed to jail for six months without bail or mainprize, for
the second suffer 12 months imprisonment and for the third
lose his freedom. This clause is likewise thought to be in
contradiction to the said acts, no such penaltys being inflicted
on any white men, besides this clause hath no proviso in case
of sickness nor gives no permission for sending in their places
one or more hunters or woodmen properer for the service than
persons educated in England as the free negroes are to attend
partys in woods and mountains almost unaccessible. It is
also against the said acts, and also exceeding severe not to allow
any bail or mainprize for a family who are in possession of
several acts directing they shall in all cases be tryed as English-
men and who are by all the acts of Jamaica bailable on these
occasions and to punish or free people with imprisonment and
loss of freedom for not appearing on those occasions in person
when it may not be in his power and when he is ready
to substitute one or more persons etc. is surely too hard and
unreasonable etc., especially as the act has no proviso for women
or children or such as are sick or absent, (iii) It is also enacted
that no free negroe shall after the 2nd April 1730 wear any
sword, cutlass, pistols or other arms or weapons whatsoever,
excepting whilst on duty on the publick service or in the service
of their employer under the penalty of 51. (hunters and fowlers
excepted), and that no free negroe do presume to buy or indent
any white men under the penalty of 50/. This clause is directly
levelled at Mr. Francis Williams, it being notorious that no
AMERICA AND WEST INDIES. 151
1731. [263]
free negroes wear a sword and pistols besides himself and
what justifies him therein is not only the largeness of his estate
but the liability of his being assaulted by everyone whom he
sues for the recovery of his own. This clause may also be a
temptation to ill-disposed people to spirit up the minds of their
ignorant slaves to assault and way-lay Mr. Williams, and it is
observable this law does not forbid the slaves to wear swords
or pistols. Why should the free negroes then be prohibited ?
etc. The latter part of this clause is still more extraordinary
etc., since by a late act passed in Jamaica every planter is
obliged to have one white man-servant to every 30 negroes
under the penalty of 2Ql. 10*. per annum, so that this present
act etc. lays every free negroe who hath a plantation under a
necessity of incurring the penaltys of one or other of these acts
etc. (iv) It is also enacted that no free Indian shall work in
any sort of silver or gold or keep any shop for the sale of any
gold wares or merchandize or the produce of this island under
the penalty of 501. for every offence. This clause is also thought
exceeding severe, for as the laws of Jamaica always heretofore
indulged free negroes with buying houses and settling plan-
tations, so it would certainly be very hard should they be
now debarred selling the produce of these plantations, and
when that produce is converted into money should be still
debarred from investing that money in any goods, wares or
merchandizes for the further enlarging their fortunes under
such severe penaltys as are laid by this act. And there really
seems a plain intention to oppress the free negroes by comparing
these two last clauses together which amount to this vizt.,
they shall have neither bought nor indented servants to save
paying the penalty of 26Z. 10s., they shall neither buy nor sell
any wares or produce etc., to pay such penalty and yet they
must pay etc. Prays that the Act may be repealed. Endorsed,
Reed., from Mr. J. Sharpe, Read 30th June, 1731. 3 closely
written pp. [C.O. 137, 19. ff. 29-30^.]
July 1. 264. Mr. Popple to Mr. Delafaye requesting his opinion
concerning the proposed repeal of the Jamaica Act re negroes
and Mr. Williams' memorial. Autograph signature. 1 p.
[C.O. 137, 47. /. 100 ; 138, 17, pp. 315-6.]
July 1. 265. Order of King in Council. Approving Samuel Ogle
Hampton appointed by Charles Lord Baltimore to be Lt. Governor of
Maryland in the room of Benedict Leonard Calvert, provided
he qualifies himself as the law requires and gives good security
to observing the acts of Trade and Navigation and obeying
H.M. Instructions. The Council of Trade and Plantations are
to take care that such security be given accordingly. Signed,
Ja. Vernon. Endorsed, Reed. 2nd, Read 7th July, 1731. [C.O.
5, 1268. ff. 13, I3v., I8v.]
152
COLONIAL PAPERS.
1731.
July 1. 266. Rip Van Dam to the Council of Trade and Plantations.
New York. Abstract : Montgomerie. As the first of H.M. Council, the
government has devolved upon him etc. Printed, N.Y. Col.
Doc. V. 921 ; and N. J. Archives 1st ser. V. 294. Signed,
Rip Van Dam. Endorsed, Reed. 3rd Sept., Read 23rd Dec.,
1731. f p. [C.O. 5, 1055. ff. 202, 2030.]
July 1. 267. Same to the Duke of Newcastle. To same effect as
New York, preceding. Signed, Rip Van Dam. ' Endorsed, R. 3rd Sept.
Addressed (via Boston). Postmark, f p. [C.O. 5, 1093. ff.
164, I65v.]
July 1. 268. Lt. General Mathew to the Duke of Newcastle.
Arrived here on Saturday etc. Is prevented by a fit of the gout
and remains of long sickness in the West Indies from waiting
on His Grace to return thanks for his leave of absence etc.
Signed, William Mathew. Holograph. 1 p. [C.O. 152, 43.
/. 149.]
July 1. 269. Order of King in Council. Ordering, upon preceding
Hampton representation, a new silver seal to be prepared for New Jersey.
Court. Signed, Ja. Vernon. Endorsed, Reed. 10th, Read llth Aug.,
1731. 1 p. [C.O. 5, 972. ff. 225, 2820.]
[July 1.]
270. Governor Burrington to the Council of Trade and
Plantations. Abstract. Transmits report upon the state of
the Province. Has acted in everything to the best of his
capacity. Has been entirely left to himself since he entered
upon the country's business and instead of help from the Council,
they are a weight upon him. " There has been no foolery or
vilany sett on foot that they are not concerned inn, which has
increased since John Mongomery, the Attorney General, arrived."
Has the whole force of his wisdom and three others to guard
against. If he is wanting in his report, it is owing to their
conduct, although he has endeavoured to serve. When he
mentions the Council, he does not mean all, but complains of
three principally, vizt., Mr. Ashe, Mr. Porter, whom he has
refused to screen from several prosecutions for his violent and
unlawful proceedings in the Court of Admiralty of which he is
Judge, and Mr. Smith the Chief Justice, a weak hasty young
man drunk from morning till night, set on work by the other
two and some of the managers in the Assembly. He has resigned
his seat at the Council Board, and is reported to be going home
with complaints against the Governor. His own actions will
speak for themselves, and he only demands not to be censured
unheard etc. Printed, N.C. Col. Rec. iii, 140. Signed, Geo.
Burrington. Endorsed, Reed, (from Capt. Straudwick in
Denmark Street) 26th Oct., 1731, Read 7th June, 1732. 3 pp.
Undated. Date (1st July) indicated in letter of 4th Sept. infra.
Enclosed,
AMERICA AND WEST INDIES. 153
1731.
270. i. Governor Burrington's Report to the Council of Trade
and Plantations. Abstract. He arrived 25th Feb.
to find the country in the greatest confusion, " the
Government sunk so low that neither peace or order
subsisted, the General Court suppressed, the Council
set aside a year and a half, and some of the Precinct
Courts fallen. The Admiralty Court having no
restraint began to draw all manner of business there,
and proceeded in such an extraordinary manner as
occasioned a general discontent and ferment among
the people " etc. The Judge of that Court the chief
actor in running the country into disorders. The late
Governor being a very weak man was too easily put
upon rash measures that have caused so many heats
and divisions. Has done his best to allay them.
Encloses addresses by the Grand Jury to H.M. and
himself, gratefully acknowledging the same. Called
a new Assembly which sat for 5 weeks from 13th April,
but was then obliged to part with them, finding that
the longer they sat the more their heats encreased,
and less inclination to observe H.M. Instructions which
he laid before them. On H.M. 19th Instruction a bill
was formed for an act about fees and quit-rents. But
instead of complying with H.M. instructions about
the payment of these in Proclamation money, they
pretended to allow the payment in that money or bills
at four to one discount, but then endeavoured to reduce
the fees four times as low as they were before, and then
took advantage of a division in the Council and the
misbehaviour of the Chief Justice etc., so that he was
obliged to prorogue them. They also evaded that
part of the Instruction that required registering of
lands, which is necessary for getting H.M. rent-roll,
for want of which and of power in the Lords Proprietors
there has been great difficulty hitherto in the collecting.
There being no Receiver General there, the collection
of the revenue is like to be more difficult. It will
require an officer inmediately commissioned, and not
a Deputy as is now designed. In respect to the pay-
ment of quit-rents, they had ingeniously contrived
(under pretence of not being able to pay this year)
that it would be near two years before rents should be
paid, and then the bill added they might be paid in
tobacco or rice at 11*. per cwt. as an equivalent for
Proclamation money, tho' neither are worth near so
much. He could get no advice from the Council as
to whether any equivalent at all could be taken instead
of money, and now asks for H.M. directions. Money
" is hardly to be raised in that Government, it being
154 COLONIAL PAPERS.
1731. [270. i]
affirmed that there has not been cash eneugh at one
time here to pay a year's rents, and the people have
another plea that the Grand Deed to the inhabitants
of Albemarle (the name this Government was then
called) in 1668, under which most part of the lands
are held, grants the lands to them on the same terms
as in Virginia where the rents are paid in tobacco or
money at the choice of the parties, and it is submitted
whither it would not be a means of putting people on
raising tobacco and thereby increase our European
trade that so much wants encouragement " etc. In
reply to xx& Instruction recounts history of the
paper bills of credit. All the old bills have been called
in and those now subsisting are by a pretended act made
in Nov., 1729 after the King had purchased etc. By
it the bills let out at loan on land security are re-issued
as soon as paid in, and therefore made perpetual. For
want of care in the valuation of the lands mortgaged,
it is said there has been a great deal of fraud.
Compares it with the Virginia currency and Proclama-
tion money. The credit of the bills is much lower
than stated in the Act and is declining from the
breaking up of this Assembly. It is held by many
that the act itself is void, as being made and ratifyed
in the name of the Lords Proprietors when they had
surrendered to the Crown, and also because the
Government were not empowered to make such an
act, without a clause therein not to be of force, till
their assent was had etc. The present Assembly,
however, are of opinion that the laws made in 1729
are not void, or at least ought to remain in force till
H.M. pleasure be known therein (v. Journal, 28th April)
the Bills have been found so necessary in facilitating
payments, defraying contingent charges of the Govern-
ment and as a medium of trade, that the destroying
them wholly would be a great loss to the country. In
obedience to Instruction xxv, sends home all the
laws in force. He would have had them revised, if the
Assembly would have done business. Some are
obsolete, others need alterations, but in general they are
a body of laws well adapted to the place etc. Forbears
erecting a Court of Exchequer till he sees its necessity.
At present there is no one capable of trying a cause in
one. Prays one may be sent. On enquiry into com-
plaints by and against Sir R. Everard, as directed by
the 41st Instruction, he was not candidly dealt by the
Council. At length they gave their opinion that there
was nothing material in the complaint against him,
only the words spoken against H.M., which were to be
AMERICA AND WEST INDIES. 155
1731. [270. i]
proved by Collector Gale now in England, and Col.
Thomas Harvey some time dead. The Secretary was
by the unanimous opinion of the Board discharged
from Sir Richard's complaints against him. Mr.
Porter having complained against several persons for
an intended riot and combination to assassinate him,
he was promised a day for hearing, if he would draw
the complaint in form etc., but he having offered
nothing further, concludes he has dropped it. Thinks
there was no such riot or design intended. Has
received a complaint against the said Judge of the
Admiralty for many illegal and arbitrary proceedings
in that Court, praying for his suspension. This he
laid before the Council to be proceeded upon. Mr.
Porter has hitherto made no reply. He laid the XLiind
Instruction before the Assembly and recommended
it to them in his Speech, but nothing was done by
them. To that part which relates to persons holding
greater quantities of lands than their grants express,
it was urged that they had a law already about
resurveys in such cases. Asks for a form of patents.
Thinks 50 acres to each person in a family too little
to produce much pitch and tar, because 1000 acres
of pine land of which 19 parts in 20 of the country
consists, will hardly imploy one slave, so that, if not
altered, this regulation will prove very detrimental to
the revenue. In some places there are large plains
called Savannas, these are boggy and as bad lands
as the moors in the North. The pine lands are chiefly
sandy barrens as improper for littage as the Savannas.
" If people have so little land it will be a very long
time before ?,\\ the country is settled, and if men are
obliged to live so near one another they must make
their own apparrel and hous'hould goods, because
they cannot raise stock to purchase them brought
from England. It is by breeding horses, hoggs and
cattle, that people without slaves gain substance here
at first, not by their labour. If but one half of the
Province is inhabited, the produce of cattle etc will
be but half " etc. As to any grants of land made
since H.M. purchase, he has been moved by the
Assembly to join in an address to H.M. to have them
all confirmed, which he declined, but promised to
represent the matter to the Lords of Trade fully.
States case. Instruction XLIII required that in all
future grants the quit-rents should be 4>s. But the
people urge that they have an undoubted right by the
Grand Deed upon the Lords Proprietors to hold their
lands on the same tennure as in Virginia, which is at
156 COLONIAL PAPERS.
1731. [270. i]
2s. per hundred etc. If this Instruction be continued,
it will prevent them taking up land. In reply to
XLVith Instruction, gives an account of the Courts
and Jurisdictions established. Desires directions as
to the power of Assistant Judges, a great dispute
having been raised by the Chief Justice and his two
allies in the Council, who assert that the Assistants
have no judicial power, but sit only as supporters.
In that case no gentleman will accompany the Chief
Justice on the Bench, and it will be erecting a single
Judge of the Court of Common Pleas etc. As to the
XLvnth Instruction, he never heard that any officers
in North Carolina held places under the Proprietors
for life, but only during their pleasure, which are all
now superceeded. The Assembly have always usurped
power. Instances their choosing a Public Treasurer,
now Edward Moseley, Speaker and Manager of the
Assembly. Refers to debate in Journal. By the
Assembly in 1729 a pretended act was passed con-
stituting eleven precinct Treasurers, who were all in
the Assembly and as they have the disposition of the
publick money will be constantly chosen, which forms
so great a party that they can lead the Assembly as
they please. Is sure it will be for H.M. service and the
quiet of the Province that a Treasurer for this Govern-
ment be appointed by the Lords of the Treasury. In
accordance with Instructions XLVIII and xix, he
ordered with the assent of the Council that all fees as
they then stood should be received till further regu-
lation, but they should not be compelled to receive them
in Province bills unless at four for one according to
the estimate made of them with respect to silver in
the pretended act. Recounts dispute with Assembly
on this matter. The Assembly was prorogued to
6th Sept., when by a law here the biennial election
comes on. By the Lvith Instruction he is commanded
to appoint Courts of Oyer and Terminer yearly, at a
charge not exceeding 100/. each session. If this money
is to be paid in bills it will not suffice. Asks for
directions. As to LXist Instruction, there is a law
concerning juries already, though it has certain incon-
veniences. The LXiurd Instruction he recommended
to the Assembly in vain. His Lxixth Instruction
to countenance H.M. officers he strictly obeys, though
it has made enemies of several of his former friends.
The Lxxvth and Lxxvith instructions, concerning
Churches, he laid before the Assembly, but could not
observe much sense of religion among them, or that
any notice was taken. The country has no orthodox
AMERICA AND WEST INDIES. 157
1731. [270. i]
Minister legally settled, those formerly here generally
gave offence by their vicious lives. Each Parish has
churchwardens and a vestry empowered to raise money
by a poll-tax, which is applied to maintaining the poor
or paying a minister to come out from Virginia, or
readers etc. Several parishes by contributions have
built chapels etc. Lxxvth Instruction. There are
already good and wholesome laws for punishing vice,
but better framed than executed. Will recommend
establishment of schools, so much wanted, when the
Assembly is disposed to do business. As for laws for
the conversion of Negroes and Indians, does not expect
much will be done, when so little regard is had to
promote publick worship. Lxxvith Instruction.
The Indians of late years are much diminished. There
are six nations amongst them, who all live within the
English settlements having land assigned them and
choosing places most secure from attacks of foreign
Indians. These are the Hatteras, Maremuskeets,
Potaskites, Chowans, Meherrins and Tuscarora. None
exceeds 20 families, except the Tuscaroras who now
consist of 200 fighting men etc. There was lately
complaints from the Government of S. Carolina of
injuries done the white people by the latter, but they
denying the facts are threatened by that Government
with a war from the Cherokees and Cataubas. The
King of the Tuscaroras is now with him to make some
proposals, that the white people of S: Carolina may
not come against him, because he says it may bring
on a war with the English in general. He has only
one Councillor to consult with, the rest being out of
the Province or at a very great distance ; will be
obliged to fill up some of the vacancies. Lxxvinth
Instruction. There is a law for registering births and
burials in each parish, but very little notice taken of
it. There are no forts, garrisons, magazines or public
arms or ammunition, cm. Is procuring a map to
be done very accurately, civ. As to boundaries,
a river boundary would be much more certain and less
expensive than a land line etc. The Santee river was
the ancient boundary etc. cv. The duties are
charged on imports or exports, except a powder duty,
at first intended for pilotage and buoying out the
inlets. Some attempts were made, but of late shame-
fully neglected. The money is chiefly used for paying
the Assembly men, who have received 10s. a day
travelling expences. There is no law for their being
paid, so he refused to sign a warrant at their late
prorogation. Hopes for the future they will bear
158 COLONIAL PAPERS.
1731. [270. i]
their own charges in North as they do in South Carolina.
There are no duties on anything, and only a poll tax
of 5*. each tythable bill money (and that by the
pretended act in 1729 abolished) and a parish tax to
be assessed by the Vestry not exceeding 5*. per poll,
so that the whole tax cannot amount to above Wfs.
a poll for rateable persons in bill money not exceeding
Is. Qd. sterling, and though the people are thus free
from taxes or impositions beyond any people in all
H.M. Dominions, they seem uneasy that the King's
rents should be demanded in Proclamation money or
anything else but bills, cvi, evil. The African
Company's trade here has hitherto been small. All
encouragement will be given to it. Will endeavour to
restore the country to order : it is capable of being
made a flourishing colony, and yearly will increase by
the coming of people from the Northern settlements
etc. The good lands lying commodiously are long
since patented, the remainder, the greatest part of
the country, are far from navigable waters. For the
increase of H.M. revenue and good of the Province,
hopes to receive an order to grant lands at 2s. (instead
of 4s.) per 100 acres. Has signed but one warrant for
taking up lands since his arrival. The trade of this
Government is now very miserable, except at Cape
Fear River. The merchants on James River in
Virginia supply most of the inhabitants on the north
side of Albemarle Sound and Roanoke River with
British commodities at unreasonable rates, being
brought in by land or in little canoos in small
quantitys ; the people of New England send in sorry
sloops which sail from river to river with West India
goods and salt and carry away such things as cannot
conveniently be transported into Virginia. The only
method to put the traffic in a right way and make the
trade advantageous to Great Britain is to settle a
Custom House on Ocacock Island, where there is a
good harbour for vessels of 300 tons etc., to be a port
for the three districts of Roanoke, Currihick, and Bath
Town, etc. Signed, Geo. Burrington. N.C. Col. Rec.
III. 140. 22| pp. Enclosed,
270. ii. Schedule of papers to be delivered to the Lords of
Trade. Endorsed as covering letter, f p.
270. iii. Certificate that following papers are true copies etc.
Signed, Geo. Burrington. 2nd July, 1731. 1 p.
270. iv. Drafts of a bill to ascertain fees and quit-rents, with
proceedings of Council and Assembly thereon. 31 1 pp.
270. v. Journal of Council, 25th Feb. 22nd May, 1731.
63 pp.
AMERICA AND WEST INDIES. 159
1731.
270. vi. Journal of Assembly, 13th April 17th May, 1731.
34 1 pp.
270. vii. Journal of Council and Assembly, 13th April 17th
May, 1731. 52 pp.
270. viii. Copies of Acts passed in Nov. 1729, the validity
of which is disputed (v. Report supra and Journals of
Assembly), (i) Act for emitting 40,000/. public bills
of credit, (ii) for the more quiet settling of the Meherin
Indians' lands, (iii) to make Hyde precinct separate
from Beaufort precinct, with power of erecting a Court-
house and holding Courts. (iv) to appoint part of
Albemarle County to be a precinct by name of Tyrrell
etc. (v) for the more effectual and speedy putting in
execution the act for settling titles and bounds of lands.
(vi) to repeal the act for encouragement of tanning leather.
(vii) an additional act to the act for the tryal of small
and mean causes. (viii) for regulating vestries etc.
(ix) to regulate the act for appointing indifferent jury-
men etc. (with lists of Jurymen). 28 pp.
270. ix. (a) Copies of six confirmed laws, which are obsolete,
and had been lost, but were found upon the refusal of
the body of laws in 1715 etc.
(b) Copies of the Laws of North Carolina. With
marginal notes thereon. Endorsed as covering letter.
128 pp.
270. x. List of patents granted by Sir R. Everard, late
Deputy Governor of N. Carolina, 1730. 20 pp.
Totals : 147 Purchased patents, with quit-rents 6d.
per 100 acres, = 167,611 acres ; 222 common patents,
at 2s. per 100 acres (not purchased, but taken up on
the Grand Deed)=91,752 acres ; 24 lapsed patents, =
30,532 acres. Total acres, 289,895. Governor
Burrington adds that
On April 10, 1730, a patent was signed to him by Sir
R. Everard for 5000 acres which he had paid for 5 years
before. He had possession of the land and paid near
20 years quit-rents. Sir Richard refused to give him
a patent before he knew that he was appointed
Governor. Signed, Geo. Burrington. 1st July, 1731.
Endorsed as covering letter. 1 p. [C.O. 5, 293. ff. 28
to end of volume 27 5v. ; and (abstract with marginal
notes for reply] 5, 327. pp. 2-18.]
July 1. 271. Governor Burrington to the Duke of Newcastle. To
North same effect as preceding covering letter. Adds : " The Province
Carolina, notwithstanding the artifices that have been used is in a peace-
able and quiet condition." No good can be expected from an
Assembly till he receives his Grace's commands etc. Will take
160
COLONIAL PAPERS.
1731. [271]
care never to give him cause for displeasure etc. Signed, Geo.
Burrington. Endorsed, R. Oct. 29. 3 pp. Enclosed,
271. i.-vii. Duplicate of preceding encl. i, ii, v-vii, and x.
271. viii. Address of the Grand Jury of North Carolina to
the King. Edenton. 1st April, 1731. Nothing could
be more joyfully recieved than the certain news of
our being immediately under the Government and
direction of so mild, so just, and so indulgent a Prince
whose glory is the ease and happiness of his people,
whose remotest regions feel the influence and are made
happy under it and whom no distance can seperate
from the good and wellfare of his subjects etc. Con-
tinue to same effect as Address supra, May 22.
Signed, John Lovick, foreman, James Milliken and
17 others. 1 p. [C.O. 5, 308. Nos. 12, 12. i-viii.]
July 2.
Hampton
Court.
272. Minutes of Privy Council.
Capt. Dent and Mr. Bladen were called in (v. 2nd June).
Capt Dent was asked as to the health and condition of the 2
Regimts. [in Jamaica], wch. he said was very bad, but he beleived
it was greatly oweing to their own irregularity. That ye regimts.
were dispersed all over ye island, some att 100 miles distance.
As to ye use of ym for destroying the rebellious negroes, he thinks
they may be of use to hinder them coming down, etc. but cannot
follow them into ye mountains and destroy them there, wch. he
thinks was the original design of sending them thither. He
thinks the rebellious negroes more insolent and dangerous than
formerly. He does not think, in case of any attempt upon ye
island, they cd. be of any use to ye enimy except that of being
guides. He was asked whether he thought these regimts.
necessary for ye defence of ye island in case of an attempt from
an enemy. He says ye island is in a very defenceless condition,
and can hardly [?] raise 1000 white men, that as the Regt. are
dispersed it would be 8 or 10 days before they can be gott to-
gether, and yt. must be done by shipping.
Mr. Bladen agreed wt. Capt. Dent in opinion as to ye
little service the 2 Regiments would be for ye suppressing
ye rebellious negroes, or following them into ye mountains.
That his opinion was, and that of ye Board of Trade, yt. 2
Independant Comps. should be compleated out of ye Regiments,
and then one or both of them might be brought home. Upon
the variety of opinions relating to ye necessity or use yt. these
two Regimts. may be of att Jamaica, their Lordships determined
to referr this matter to ye Board of Trade for their opinion
thereupon. The Duke of Newcastle's letter (" my letter ")
to Lord Waldegrave of the 1st was read ; and it was proposed
that my Lord Lieutenant of Ireland should send directions for
the regiments to be in a readiness, in case there should be
occasion for them ; and also to write to Mr, Keene to acquaint
AMERICA AND WEST INDIES.
161
1731.
July 2.
July 2.
Nevis.
July 3.
Hampton
Court.
July 5.
New York
in
America.
July 6.
Whitehall.
[272]
him with what has been done here ; and that it shall make no
alteration as to the sending the fleet, which shall be there at
the time proposed. (Original draft of transactions of the Privy
Council). 3 pp. [C.O. 5, 36. ff. 12-13.]
273. Fair copy of above Minutes.
//. 14-15.]
2| pp. [C.O. 5, 36.
274. Michael Smith, President of the Council of Nevis, to
the Duke of Newcastle. Lt. General Mathew did on 23rd April,
on his departure for Great Brittain resign the Government of
these Islands to me, as eldest Councellour of Nevis etc. Has
given orders for securing the effects of the Catherine sloop, as
directed by his Grace, Jan. 27 etc. Signed, Mich. Smith.
Endorsed, R. 8th Sept., 1731. 2 pp. [C.O. 152, 43. ff. 151-
1520.]
275. H.M. Warrant appointing Governor Cosby Captain
of an Independent Company at New York. Countersigned,
Holies Newcastle. Copy. [C.O. 324, 36. p. 320.]
276. Mr. Bradley to the Duke of Newcastle. Announces
deaths of Governor Montgomerie and Mr. Walter and begs to
be appointed to the Council in place of the latter. Continues :
My late good Ld. Bp. of Durham signifyed to me, that yr. Grace
had promised his Lordship for me, the first favourable vacancy
etc. I have been upwards of 8 years here in an office that has
subjected me to a general odium, as I am to prosecute all
offences agt. the Crown, wch. has proved the utter destruction
of my family etc. (v. 24th Dec. 1730). Signed, R. Bradley.
2 pp. [C.O. 5, 1093. ff. 166, 166u.]
277. Council of Trade and Plantations to Governor Belcher.
Acknowledge letters etc. of 5th and 10th Dec. 1730, 13th and
25th Jan., 1st March, 5th and 26th April 1731, etc. Continue : If
you have not heard from us, in return thereto, it has been
because till yor. last letters we did entertain some hopes, that the
Assembly might have been prevailed on, to comply with H.M.
Instructions relating to your salary. But since you now tell
us, in your two last letters, that you have no prospect of that
kind, since you have neither come home yourself, nor deputed
any person according to your Instruction, to lay an acct. of this
matter before H.M., we shall take an oppertunity of doing it
ourselves, and as soon as we shall know H.M. pleasure thereon,
you may expect to hear again from us ; In ye mean time we
must acquaint you ; that we have reported our opinion upon
ye bill consented to by the Council and Assembly for settling
yor. salary, which we can by no means think a compliance,
either with the letter or intent of H.M. Instruction. In answer
Wt. 441
C.P. XXXVIII 11
162 COLONIAL PAPERS.
1731. [277]
to that part of your last letter, wherein you mention the petition,
or memorial from the House of Representatives to H.M. against
three of his Royal Instructions to you ; we must observe that
the people have an undoubted right of addressing the Crown
directly without any prior application to ye Governor, if they
think fit to take that method, tho', the more decent way would
be to desire their Governor to transmit their Address. We
observe what you have wrote in your justification, against what
you suppose must have been insinuated against you by Colo.
Dunbar ; but we are of opinion, that he had sufficient grounds
for his apprehensions, and he would have been wanting in his
duty, if he had not sent us such informations as he had receiv'd
upon that subject. We thought it would be for H.M. service,
that this gentleman should be appointed his Lt. Governor of
New Hampshire, to encrease his authority as Surveyor of ye
Woods, and upon our recommendation, H.M. has been pleased
to appoint him accordingly. But we presume he will always
pay you that regard that is due to his superior officer, and we
doubt not but you will treat him as a gentleman that bears
H.M. Commission as Lt. Governor. We have considered the
New Hampshire bill for emitting 6000 J. in bills of credit etc., but
we can by no means advise H.M. to allow you to pass any such
bill, as it must in consequence lower the credit of the Province,
whereby their trade must greatly suffer ; however that we may
be the better able to judge of ye state of ye Province with respect
to their paper currency, we desire you will send us an acct. of
ye paper money now current there ; and what fund there is for
sinking the same ? How it has been apply'd and what discount
their bills are now lyable to ? We observe what you write
concerning ye Council of New Hampshire, but it will be time
enough to consider of ye persons you propose, when we shall be
informed whose vacancies you propose they should supply. In
your letter of 25th Jan. you mention seven gentlemen of whom
you say the Council consists ; but you do not inform us, whether
ye others who were named in yor. Instructions are dead, or
whether they decline acting. We therefore desire you will
send us a more perfect acct. etc. [C.O. 5, 916. pp. 419-421.]
July 6. 278. Council of Trade and Plantations to the King. An
Whitehall, act was lately pass'd in your Majesty's Colony of Virginia for
continuing part of an act for laying a duty on liquors with some
alterations and amendments. This act continues the duty of
3d. per gall, on wine, rum, brandy and other distilled spirits
imported into that Colony, laid by a former law for 5 years
ending the 10th of the last month, for three years longer. But
there is an additional clause, which provides that only one half
of the said duty of 3d. per gallion shall for the future be levied
upon any liquors imported by ships wholly and solely belonging
to the inhabitants of Virigina. Against this clause we have
AMERICA AND WEST INDIES.
163
July 7.
Whitehall.
1731. [278]
received objections from several merchts. engaged in the trade
of Virginia, and as it appears to be a very partial stipulation
in favour of the inhabitants of that Colony, manifestly design'd
to encourage their Trade and Navigation in opposition and to
the detriment of ye shipping and commerce of Great Britain,
we therefore humbly beg leave to lay the same before your
Majesty for your disapprobation. [C.O. 5, 1366. pp. 75, 76.]
279. Order of Committee of Privy Council. Agreeing to
report of the Council of Trade and Plantations llth May, and
ordering that they prepare an additional Instruction for Lt.
Gov. Pitt, to recommend in H.M. name to the Assembly of
Bermuda, that they pay him an adequate salary, not exceeding
100/., in lieu of licences formerly granted by him for whale
fishing. Signed, Ja. Vernon. Endorsed, Reed., from Mr.
Noden, 13th Augt., Read 23rd Nov., 1731. l pp. [C.O. 37,
12. ff. 73, 73v., 74u.]
280. Lt. Genl. Mathew to Mr. Popple. I am still confind
with the gout, and therefore am not able this morning to attend
their Lordships' commands. Endorsed, Reed., Read 7th July,
1731. Holograph. 1 p. [C.O. 152, 19. ff. 54, 570.]
281 . Order of Committee of Privy Council. Referring
following to the Council of Trade and Plantations to hear the
petitioners thereupon and report what they think proper to be
done etc. Signed, Ja. Vernon. Endorsed, Reed. 17th, Read
20th July, 1731. I p. Enclosed,
281. i. Petition of Merchants trading to Jamaica to the King.
Pray for repeal of act of Jamaica laying a duty upon
negroes imported and exported " to the great dis-
couragement not only of your petitioners carrying on
their trade but also to the better settlement of that
island as well as to the commerce and navigation of
Great Britain." Pray that the Governor may be
restrained from passing any act of Assembly laying
any such duty for the future. Signed, Hum. Morice
and 16 others. Copy. If pp. [C.O. 137, 19. ff. 63,
64, 640., 661;.]
July 7. 282. Order of Committee of Privy Council. Referring
Whitehall, following, as above. Signed and endorsed as above covering
letter. Enclosed,
282. i. Petition of the Master Wardens Assistants and
Commonalty of the Society of Merchants Adventurers
within the City of Bristoll to the King. Pray for
repeal of act and directions to Governor a* above.
" The discouraging the importation of negroes into
Jamaica will not lessen the raising of the productions
July 7.
Wednesday
morning.
July 7.
Whitehall.
164 COLONIAL PAPERS.
1731. [282. i]
of that island, but also the trade from thence with the
Spaniards, as it must necessarily occasion a less
number of negroes being sent to Jamaica since the
day of importation is paid or secured to be paid before
any sale is made thereof, or any certainty that negroes
will be sold but at such prices as the planter shall
think fitt to give with which if the importer be not
satisfied the charge of keeping them will soon eat out
the value and if he sells them to be sent to the
Spanish coast he has another duty to pay on exporta-
tion which great dutys will not only lessen our
exportation to Africa, but the employment of our
Navigation as well as prevent the better settlement of
our colonys and consequently be destructive to the
general interest of the Nation." Copy. If pp.
[C.O. 137, 19. ff. 67, 68, 681;., 70u.]
July 7. 283. Order of Committee of Privy Council. Referring
Whitehall, following as above. Same signature and endorsement. 1 p.
Enclosed,
283. i. Petition of the merchants and owners of ships of and
in the Port of Liverpoole trading to Jamaica to the
King. Pray for repeal of Jamaica act as above.
Signed, Geo. Tyrer, Mayor, Saml. Oden and 38 others.
2 pp. [C.O. 137, 19. ff. 71, 72, 72v., 7Gv.]
July 7. 284. Order of Committee of Privy Council. Referring
Whitehall, following to the Council of Trade and Plantations. Signed,
Ja. Vernon. Endorsed, Reed., Read 22nd July, 1731. 1 p.
Enclosed,
284. i. Petition of Richard Partridge to the King. Petitioner
" humbly prays thou wouldst please to direct to be
layd before thee for thy Royal assent by the Lords
Commissioners for Trade etc. Six Acts of New Jersey
which have been submitted to them " etc. (v. 4th
March, 1729, 10th Jan., 1730 etc.] Marginal notes as
to proceedings upon above Acts. 1| pp. [C.O. 5, 972.
ff. 221, 222, 222u., 224u.]
July 7. 285. Order of Committee of Privy Council. Referring
Whitehall, following to the Council of Trade and Plantations for report
their opinion on those parts which complain of the 16th and
30th articles of the Governor's Instructions. Signed Ja. Vernon
and endorsed as preceding* 1 p. Enclosed,
285. i. Address of the House of Representatives of the
Massachusetts Bay to the King. We your Majesty's
most loyall and dutifull subjects, having full confidence
* i.e. Reed., Bead July 22, 1731,
AMERICA AND WEST INDIES. 165
1731. [285. i]
in your Majesty's paternal care and tenderness,
humbly beg leave to lay open to your wise and com-
passionate consideration the difficultys and distresses
your Majesty's subjects in this Province labour under
by reason of certain Instructions given your Majesty's
Governor, more particularly your Majty. sixteenth
Instruction directing the Governor to consent to the
emission of 30,OOOZ. only in bills of credit to be called
in so suddenly that no more than that sum should
pass at one and the same time, which Instruction if
complyed with would render it next to impossible
to support the Government here, inasmuch as every
year for about eleven years to come is loaded with
great and heavy debts to be paid for the discharge of
such sums as have been expended in the late charge-
able and distressing Indian warr in defence of your
Majesty's territory s and dutiful subjects here, and
could not possibly be defrayed in the respective years
wherein such debts were contracted, and while the
Province is struggling to discharge the former debts
should they be prohibited the emission of any bills to
pay the standing charge of the Province, and the
laying the funds for drawing them in on any of those
years that are as yet burthened with no debt they
must necessarily pay about 50,000. pr. ann., a thing
impracticable, especially after a few years when the
bills of credit will be mainly called in, which are the
only currency whereby publick or private debts can
be discharged. Whereas if the Government was
permitted to emitt bills of credit to be laid on some
future unincumbred years, to pay such part of the
annuall charge of the Province as the Government
are not at present able to defray besides the old debts,
they would in about eleven years intirely discharge
the old debts and have only some smaller sums to pay
for some part of the standing charge of the Province
during the eleven years aforesaid, which in some few
years further by the blessing of God on the industry
of your subjects here might be discharged and this
Province become free from debt. And your Majesty's
loyall and dutiful subjects are the more apprehensive
of difficulty by this Instruction, because H.E. the
Govr. in obedience to your Majesty's commands,
and for the good and safety of the Province has directed
a survey of your Majesty's forts and garrisons, here,
which are very much run to dispare [sic], the necessary
reparations whereof, it is supposed may cost 20 or
30,OOOZ. This House are also under great concern that
they are not able in faithfulness to the rights and
166 COLONIAL PAPERS.
1731. [285. i]
privileges of your people here to comply with your
Majesty's 27th Instruction directing the settlement
of a salary on the Governor for the time being by
reason (as we humbly conceive) that the frame and
constitution of our Government would thereby be
very much altered if not subverted and our circum-
stances be farr different from those of English subjects ;
there would be no ballance of power in the severall
branches of the Legislature, the House of Repre-
sentatives would depend on the Governor for many
things of the greatest consequence to them and the
interest and safety of the people they represent,
while no obligation in those points will lie on the
Governor. This notwithstanding your Majesty's loyal
subjects are willing and desirous to grant from time
to time an ample and honourable support to your
Majesty's Governors suitable to the dignity of their
station, and accordingly soon after his Excellency's
arrival a grant of 30001. past the House of Repre-
sentatives, but was non-concurr'd by your Majesty's
Council, after which an act past making a further
offer for H.E.'s ample and honourable support, and
being concurred by the Council was laid before H.E.
for his consent, the which he refused by reason of
your Majesty's Instruction, and at the opening the
present session the aforesaid Instruction being again
recommended by the Governor, has rendered the
severall attempts of this Court for H.E.'s support
without the settlement of a sallary ineffectuall. Your
Majesty's good subjects of this Province are also
under great difficultys on account of your Majesty's
30th Instruction, whereby as it is understood and
proposed to be practised on, the Treasury of this
Province is taken from the care of the House of Repre-
sentatives and all the money therein subjected to the
will and pleasure of the Governor and Councill, without
possibility of redress how unjustly soever the money
in the Treasury may be misapplyed, this the House of
Representatives cannot but humbly apprehend to
be against common right and equity ; that those who
grant and whose constituents pay all the publick
money should neither see the accounts whereby the
Province becomes indebted to prevent misapplications
or unjust paymts. of the money nor when it is mis-
applied or wasted be in any way of obtaining relict ; for
the direction in the Instruction as to a future inquiry
may serve to give us a more full sence and clearer view
of the loss and wast of the publick money, and thereby
increase our sorrow and distress, but neither affords
AMERICA AND WEST INDIES. 167
1731. [285. i]
nor points at any sort of remedy, the House of Repre-
sentatives cannot impeach such as shall misapply the
money in the Treasury, according to the ancient and
well-known practice of the Honoble. House of Commons
before the Right Honoble. the Lords Spiritual and
Temporal etc. But the only methods that seem by
this Instruction to be left the House of Representatives,
are either to supply the Treasury with money as long
as the people they represent have any, let their money
be never so much imbezzelled, or otherwise to refuse
all supply and leave the Treasury empty which would
be in effect to dismantle all the forts and garrisons
leave the Government defenceless, and put an end to
all safety. As to which severall Instructions your
Majesty's most dutyful subjects humbly implore your
Majesty's favour and compassion that the Government
here may be permitted to go on in a way that is
practicable, in paying what they are in arrears, and
to support your Majesty's Governor suitable to the
dignity of your Majesty's commission, and in order
thereunto, most humbly beg that your Majesty would
be graciously pleased to grant your royall order of
leave to your present Governor to accept of what has
been or may be offered him from time to time, for his
ample and honourable support when he shall deem
it to be so, and that there may be the usuall securitys
allowed as to the money in the Treasury. Signed, In
the name and behalf of the House of Representatives,
April 22nd, 1731, John Quincy, Spkr. Copy. 5| pp.
[C.O. 5, 873. ff. 42, 43-45i;., 47u.]
July 9. 286. J. Belcher, jr., to the Duke of Newcastle. On behalf
of his father petitions for further Instructions relating to his
salary, there being no hope that the Assembly will go beyond
their bill of 28th Oct. last etc. Signed, J. Belcher. 1| pp.
[C.O. 5, 898. No. 88.]
July 10. 287. Governor Belcher to the same. Since his letter of 12th
Boston. June, has heard from Col. Dunbar that he has received H.M.
Commission to be Lt. Governor of N.H., and quickly intended
thither. Continues : Whereupon I gave orders to the
President of H.M. Council there, that upon his arrival he should
summon the Council, and have his Commission publisht with
the usuall solemnity, and with all possible respect to H.M.,
which was accordingly done, and Collo. Dunbar thank'd me
therefor. Soon after which the Assembly sat att the time to
which I had prorogu'd it, on the special business of the disputed
boundaries betwixt the Massachusetts and Newhamshire, and
my orders to the President of the Councill (before Collo. Dunbar's
168 COLONIAL PAPERS.
1731. [287]
arrival) were to go upon no other affair att that time, and in case
any vote was agreed to by the Councill and Representatives, to
send it hither to me, to approve and sign. Upon this, my Lord
Duke, the Lt. Governor wrote me word he had litterally executed
my orders, and wou'd untill he had the words of his Commission
viz. in case of the Capn. GeneraWs death or absence explained to
him from home. To which etc. I wrote him, that the King in
his royall instruction does not call my being in the Massachusetts
an absence from Newhamshire, and that former Lt. Governours
of New Hampshire had acted by the order of the Governour-in-
Chief, altho' he was in the Massachusetts, and this my Lord
Duke is certainly fact, and I think to be supported with the
greatest justice and reason. If while the Captn. Generall and
Governour-in-Chief is but 60 miles from New Hampshire, his
Lieutenant shall presume to interfere with or dispute his orders,
it must certainly lead to great confusion in the King's Govern-
ment by weakning the authority of his Governour and thereby
lessning the King's honour. I therefore hope with great
deference to your Grace that no applications of my Lt. Governour
will prevail to debarr me of any part of the power and honour
which H.M. has in his great grace and favour conferr'd upon
me, and which my predecessors have enjoy'd. I have not, my
Lord Duke, been arriv'd from great Brittain quite eleven
months, and I have made three journeys to H.M. province of
New Hamshire and am going thither again in a few weeks, by
which your Grace will see I do everything in my power for H.M.
honour and service there. Nor have I receiv'd from that
Government half so much as was the charge of my Commission,
and in the Massachusetts your Grace is sensible I have not
receiv'd one farthing, tho' I have been and am att a great
expence etc. Repeats the request that Col. Dunbar may not be
countenanced in his attempts to subvert his authority etc.
Signed, J. Belcher. Endorsed, R. Sept. 15th. 3 pp. [C.O. 5,
898. No. 89.]
[July 10]. 288. Memorial on behalf of Governor Belcher, praying
that he may be allowed to sign the bill or vote of Oct. last (v.
April 26th), and to receive his support in that manner or in
such other best manner as he can bring the Assembly to give
it etc. In similar circumstances Lord Bellamont and Col.
Dudley were allowed to take their salary in the manner the
Assembly would give it etc. Endorsed, R. with Govr. Belcher's
of April 26th. 1% pp. [C.O. 5, 898. No. 85.]
July 10. 289. Lt. Governor Gooch to the Council of Trade and
Virginia. Plantations. Refers to enclosed public papers and former letter
relating to the dispute with the Agent of Lord Fairfax concerning
the bounds of the Northern Neck etc. (v. C.S.P. June 29, 1729).
Continues : Since which the people in this Dominion as well
AMERICA AND WEST INDIES. 169
1731. [289]
as many strangers from Pensilvania have discovered a strong
inclination to extend our settlements on the western side of the
great mountains, and on the River Cohongaroonton, under
grants from this Government to hold their lands of the Crown,
to which they urge too that land doth of right belong, as lying
beyound any part of those rivers called Rappahannock or
Potomack etc. : On the other hand the Proprietor's Agent
insists that not only the main stream, which forms those rivers,
but all other rivers and streams which communicate therewith,
by what names soever they are known, and the lands encom-
passed thereby are within the limits of his grant. Notwith-
standing which, I have hitherto according to the advice of the
Council allowed such as have applied for grants of those lands to
seat thereon with promise of patents so soon as they bring the
number of people they propose to settle that frontier ; judging
that the Proprietor's charter can't have so large a construction
as is pretended, and being sensible how much it is for H.M.
interest to encourage such settlements, since by that means
we may in a few years get possession of the Lakes, and be in a
condition to prevent the French surrounding us by their settle-
ments. Until this matter is adjusted with Ld. Fairfax, I shal,
as much as in me lieth, prevent every uneasiness that might
interrupt our present purpose, hoping if it is not likely to meet
with a speedy determination, that your Lordships will advise
me in what manner I shal proceed in the disposal of those lands
and in the protection of the people who take grants under the
Crown, from the encroachment of the Proprietor's Agent. It
is some time since I informed your Lordships how necessary
it is to secure the mouth of James River by a fort or at least a
substantial battery ; and at the same time I wrote to the Board
of Ordinance for some cannon and other stores, to which letter
I sent a duplicate, but have received no answer ; and now that
I am putting in order the other batterys, which are become
ruinous, I should be glad not only to receive your Lordships'
sentiments thereon, but to be supplied also with ordnance and
stores suitable to such a work, and doubt not your Lordships'
representation to that Board will procure what is necessary,
about a dozen of six and thirty pounders and four eighteen
pounders with strong carriages etc., and a sufficient quantity
of shot, and then I shal send home the old guns upon that
ruined battery, which are no longer fit for service, with above
thirty pieces of cannon which I took out of Rappahannock
River where they had been about three-score years etc. Our
stores of powder are become very small, for 'tis now a great
many years since any was sent in, and some of that which
remains is decayed and unfit for service. I hope by your
Lordships' favour to receive a speedy supply, being very desirous
to provide against the insults of pirates, which we have reason
to expect from the usual encrease of that kind of vermin in times
170 COLONIAL PAPERS.
1731. [289]
of peace, and to secure us against the insurrection of our slaves,
the enemy I do assure your Lordships we have great reason to
be apprehensive of. Your Lordships will observe from the
Council Journal what preparations are made towards putting
in execution the Act for amending the staple of tobacco etc.,
it is now two moneths since Commissioners were appointed to
direct the building of the warehouses, and almost as long since
we made choice of Inspectors, in which all immaginable care
has been taken with regard to the skill and integrity of the
persons and the ability of their securitys. It was absolutely
necessary to enter so early on the building the warehouses,
because of the length of time requisite for finishing so great a
work, and the advantage of the summer for erecting the wharfs,
which could not be so well carried out in an uncertain season ;
however I deferr'd this until point of time would admit of no
delay and then boldly entered upon it through various dis-
couraging reports, being satisfied that no substantial objection
could be made against the law. But notwithstanding the
assurance I have always entertained that your Lordships would
not suffer a law to miscarry which is so well calculated to do
justice to the Crown in all its revenue, to establish a fair and
honest measure of dealing between man and man, to encourage
the adventures of the fair trader, to raise a sinking trade, and
when once we are well fixed in it, to give a more easy and quick
dispatch to the ships sent hither on freight, it is with great
concern that I am obliged to represent to your Lordships, that
the suspense under which this law has layn, has afforded an
oppertunity to the masters of ships and others to propagate
divers storys, sometimes as if a repeal was certainly to be
expected, and at other times, and what is now agreed by all,
that it is only to continue during one crop and then to be
annulled : by this means many people who intended to build
vessels for the more speedy lading of their ships have been
discouraged, which I doubt not was the principal aim of those
reports, and will in some measure have their effect in retarding
the dispatch of the ships this next year, who I fear on this very
account will not get their lading so soon as otherwise they would
have done. But notwithstanding these artifices practiced here
by those who are by this law restrained from pilfering
and running tobacco, I hope the advantages of it will be
found, tho' perhaps not such as I should have expected, had I
gone on without opposition, and no handle given to work upon
the apprehensions of the people. And lest the same game
should be played over again, and the people still kept under the
like fears to the obstructing the good effects of this law, I humbly
intreat your Lordships to obtain H.M. royal approbation of
it for the time it is to continue, which I am perswaded will add
so great force to the measures projected thereby, as will clearly
demonstrate its usefulness both to the encrease of the Customs,
AMERICA AND WEST INDIES. 171
1731. [289]
the advancing the value and goodness of the staple of this
country, and the great ease and benefit of all traders. I have
this one truth to add which will not be denied by any one that
goes from hence, that the common planters are so far from being
discouraged by the supposed charges and hardships pretended
to be imposed on them by this law, that there never was known
so great a crop of tobacco on the ground as at present, the
planters exerting their utmost industry, which I hope will put
to silence the false reasonings of those who suggest imaginary
fears of its lessening the importation and consequently the
revenue, when 'tis plain from experience that the people of
Virginia can never be diverted from making tobacco but only
by the lowness of its price. Whilst I was writting what is
above, I reed, advice of a petition prepared by the merchants
of London and Bristol trading to America, and designed to be
presented to the Parliament for an act to be passed, prohibiting
and makeing void all laws passed in the Plantations laying
dutys which may affect the trade or shipping of Great Britain ;
that lands in America may be lyable to the payments of debts ;
and appeals allowed for any sum exceeding 100/. When I
considered, my Lords, how long and happily the British subjects
have traded to America and acquired great riches under the
ancient establishment made in these parts by the Crown,
sett forth in the Royal Charters and Instructions, without
seeking to abridge the people of the Plantations of their birth-
right as Englishmen, or limiting the Crown in the methods of
Government, I must confess I was somewhat startled, for
which reason I cannot forbear laying before your Lordships
my thoughts on this extraordinary attempt of the merchants,
tho' what I shal offer will be undigested, having had little
leisure to discourse of it. As to laws affecting trade etc., 'tis
no easy matter to guess how far they design this shall extend.
Neither of the duties by which the Government is supported,
and thereby British trade and shipping encouraged and
protected, can be set aside without weakening it, etc.
Continues : There seems to be a farther view in this scheme,
for if no dutys or fees are to be established here to affect their
trade, then there can be no regulation of the tobacco trade,
no penaltys on lading bulk tobacco, and pillaging or changing
the freighters' hogsheads, and our late act for amending the
staple of tobacco must fall in course : and indeed I suspect
the petition is by a side wind levelled at that act, for the act
carrys too clear a countenance of justice and honesty to be
attacked openly by itself. But above this, such a petition is,
with submission, a great disrespect to the King whose
instructions and orders to His Governors are no more to be
relied on, though always fully complied with as far as the
nature of the subject matter would admit. Besides H.M. has
it always in his power to make void any act inconsistent with the
172 COLONIAL PAPERS.
1731. [289]
interest of the British subject etc. Continues : The proposal of
making of lands lyable to the payment of debts is not treating
the people in the Plantations as if they were English subjects :
lands here are held by the same tenure as in England, and are
now lyable to the payment of debts in the same manner as lands
in England are, and the British merchant may as easily come
at them after judgment obtained in the Courts of America,
as any man here can do, or as if the lands lay in England on
suits brought there. Common justice requires that legal
remedys should be reciprocal, and whenever a law shall pass
in England making real estates subject to debts in any other
manner than now they are, the Plantations will no doubt be
very easie under such a petition. But whilst the people here
have no method to recover their demands out of the lands of
the merchant, and are too remote to be admitted to the benefit
of the Commission of Bankruptcy sued out against insolvent
merchants, it would be hard to lay so unequal a burden on
them alone, which in a few years must prove the ruin of the
Plantation, or else sett them upon supplying themselves wth.
manufactures of their own without being beholden to their
Mother-country under such hard terms ; but it seems the
petitioners only look to present interest without regarding
what the consequence may be in future generations. The last
thing proposed as to appeals for 100/. value or upwards is no
less unreasonable, as it would be attended with the most
fatal consequences to the Plantation, as will appear from what
frequently happens etc. ; A planter consigns 10 hhds. of tobacco
to his merchant in London, desiring him to sell them and out
of the produce to send him such and such goods. The
merchant sends the goods, and with them an account of sales
of the tobacco ; the next year more tobacco is consigned and
more goods are sent for, and then comes an account current
wherein the planter has credit for his first tobacco consigned,
and so the correspondence continues for three or four years ;
at last the merchant sends the planter a letter telling him that
the tobacconist to whom he sold four or five hogsheads of his
first consigned tobacco is broke, that the money is lost, and
the planter must repay it ; and for that money and some other
small debt making in all 100Z. he is sued. In this case, though
no Court or Jury can possibly charge the planter with this loss
after three years time, when it is proved that the merchant
never sells without ready money, or on six months credit at
most, and therefore the merchant must have given farther
credit on his own accot. and risque, and thereupon there is a
verdict here for the planter : yet if the bill now petitioned for
passes, there is an appeal, and the poor planter knowing no
man in England to whom he can entrust the defences there,
and considering the charge he must be at of at least 70/., or 80
on the tryal in England, will find it more for his interest to
AMERICA AND WEST INDIES. 173
1731. [289]
pay what is unjustly charged him than to defend himself at
such an expence. Many more instances may be given as I
am told of the like hardships in the matter of accots. which the
planters here must submit to, if appeals be allowed for so small
a sum etc., for a voyage from America to England and four or
five moneths attendance there for the hearing of an appeal is
no trifling expence. So that I humbly conceive the sum already
limited by H.M. Instructions is much more reasonable etc.
Continues : If what the petitioners propose, tended any way
to the interest of the British trade, to the securing the
dependency of the Plantations to the Crown, or to the con-
sumption of the British manufactures, I should be far from
objecting against them ; But 'tis plain to me they must have
a quite contrary effect in all these particulars, seeing they
aim at depriving the Plantations of the means of supporting the
respective Governments and providing for their necessary
defence in time of danger, tend to alienate the affections of the
people from their Mother-Country, and to compel them to fall
on other means to subsist and cloath their familys than by
British manufactures, and in short the whole project is so very
unreasonable, that the best thing I can say of the gentlemen
concerned in the petition is, that they know not what they ask.
I have still one thing more to lay before your Lordships which
shal be done by the hands of our Agent, in order to have the
opinion of the Attorney and Sollicitor General, whether slaves,
Christians or not, convicted in the Plantations of such crimes
as by the laws of England are within the benefit of clergy, are
entitled to the priviledge of the statutes of England concerning
Clergy etc. Signed, William Gooch. Endorsed, Reed. 4th Oct.,
1731, Read 18th Jan., 173|. Holograph. 6 pp. Enclosed,
289. i. Account of H.M. revenues of 2*. pr. hhd. in Virginia
25th Oct., 1730 25th April, 1731. Totals: Balance
brought forward, 9380Z. 18*. 8%d. ; Receipts, 5881.
Us. Q\d. ; Expenditure : 1685/. 10s. lid. Signed,
John Grymes, Recr. Genl., John Blain, Depty.
Audr., William Gooch. 6th May, 1731. 2 pp.
289. ii. Same from 25th April 25th Oct., 1730. Totals:
Balance brought forward, 7835Z. 19s. 2d. Receipts,
3,592L 4s. Ifd. ; Expenditure, 2047/. 4>s. 7%d. Signed,
as preceding. 2 pp. The whole endorsed, Reed. 4th
Oct., 1731.
289. iii. Account of H.M. Revenue of Quit-rents 25th April,
1730 1731. Totals (including balance brought
forward, 4600J. 14s. 3|d.) : 7541J. 4s. 8|d 2f pp.
289. iv. Same for 25th April, 1728. By balance, brought
forward, 1852/. Os. 9fd By expenditure, 1852/. Os.
9|rf. The whole, signed and endorsed as No. i.
289. v. Proclamations by Lt. Governor Gooch (a) 28th Oct.,
1730, proroguing the Assembly till 20th May. (b)
174 COLONIAL PAPERS.
1731. [289. v]
28th Oct., 1730, for preventing unlawful meetings and
combinations of negroes etc. (c) 6th May, 1731, for
proroguing the Assembly till 24th June, and (d) 10th
June, 1731, till 18th Nov. Williamsburgh. Signed,
William Gooch. Endorsed, Reed. 4th Oct., 1731.
Copies. 2 large pp. [C.O. 5, 1322. ff. 200-204z;.,
205t>.-212, 213, 213i;. (with abstract).]
July 11. 290. Col. Dunbar to Mr. Popple. Was at Fredericks Fort
Portsmo. when he received his Commission for Lt. Govr. etc. Is wholly
Hampshire, indebted to the Council of Trade for that favour and will do
his best to deserve their good opinion etc. Continues : I waited
some time at Fredericks Fort to receive an officer and a partie
of soldiers from Collo. Philips regiment from Nova Scotia etc.
I sent for them according to my Instructions upon rumours
that the Indians were prejudiced against us, in September last,
but they did not arrive until the 14th of June, the 23rd of the
same month I sailed thence, and landed here next day ; I was
very kindly reced. by the Gentn., but my Commission was not
published until the 28th that they might have time to shew
some honours which Govr. Belcher was pleased to order upon
that occasion, and which I would willingly have declined ;
upon the first inst. the Assembly sat, and by a written order
from Boston from the Chief Governour were only to renew a
former vote impowering a Committee to meet another from the
Massachusetts Bay at Newbury about setling the lines, and
then immediately to prorogue them to September. I was
surprized a few moments before I had the honour to meet the
Assembly to be told that a speech was expected from me, and
it put me under concern as I have no talent that way, herewith
I send you a copy of it and the answer of the House of Repre-
sentatives, but intreat it may not be made a Coffee House
diversion by exposing it in print (more majorum). I was not
less surprized to be informed from the sd. order from the
Governour, that any vote passed here must be sent to him to
Boston to be signed, and when I asked the opinion of the Council
thereupon and whether or no the chief Governour was then
present or absent, I was answered that he was deemed to be
virtually present, and I had nothing to do but obey his orders.
A majority of the Council (there were but six present) were of
that opinion they are under some obligations to him but the
other Gentn. quoted instances where Lieut. Govrs. have held
General Assemblies, passed acts and done every other act of
Governmt. in his own name when the Chief Govr. was at Boston,
however I was inclined to avoid disputes with him as may be
seen by a copy of a letter I wrote to him on the 3rd instant,
with his answer to it, so that I am of so little significancy that
I am really ashamed ; however if my Lords Commissioners are
of opinion against me I shall chearfully submit, tho' Mr. Belcher
AMERICA AND WEST INDIES. 175
1731. [290]
is the very last man upon the globe that I would choose to be
a sub to, it is incredible how he has maltreated me, he has not
only murthered my character in this country, by saying I was
a poor lying insignificant fellow, but influenced as great acts of
injustice against me as ever was imposed upon any man etc.
Complains that he has intercepted his letters and handed about
one from his wife etc. (v. July 15th). Continues : I am really
apt to beleive it is a counterfeit letter, because I cannot conceive
what my wife could write to me to give my enemies so much
pleasure ; I lately had an accot. of this attempt of Mr. Belcher's
to print the letter from a gentn. of fortune and veracity, which
provoked me to write a letter to him. Encloses copy to the
Board. Continues : If it be thought I was too warm, I hope
the provocation will justifie me ; after this I fear my accot. of
the present state of this province etc. may be tho't somewhat
prejudiced against Governour Belcher ; it is most certain that
no colony can be in greater confusion, he has turned out so
many gentn. from the country imployments without consulting
the Council or shewing that he had a power in himself by his
Instructions etc., that there is a stagnation of Justice, no
Superior Court having sat since he displaced the old Judges,
of which, now not one amongst the four of that Court ; the
Speaker Collo. Wiggins was one, and upon the Governour's
putting a man before him in a new Commission, who had ever
been his inferiour, he declined acting for which he was by an
unpresidented written order striped of all imployments in open
Court, having been Collo. of one of the regiments and for many
years in Commission of the Peace, he is a man of a very good
character and much esteemed etc. The Governour has not yet
appointed any Justices of the Peace in the town where Collo.
Wiggins lives, nor in four other townships where he hath turned
out gentn. who have long served in that Commission, the country
imployments are worth nothing and none but gentn. of fortune
can support ym., a Judge of the Superiour Court I am told is not
worth more than thirteen pounds pr. annum, which is about
2d. per diem sterl. He has removed the Courts from this which
is the Province town to 3 country towns so that but one of four
yearly Courts sit here, he is said to be influenced to do all this
by one Mr. Waldron, an Attorney, who has been for some time
Clerk of the Council, he is now a Member of it, by the Govr's.
appointment, tho' there was no vacancy that he had power to
fill, untill they prevailed upon Mr. Westbrook his father-in-law
to resign, he is also made a Judge, and a Justice of the Peace,
and is commissioned Province Secretary which is new here, he is
very obnoxious to many of the better sort of people and to him
are imputed all the inconveniencies now upon the Province.
I have had frequent complaints from the country which you'l
find I represented to H.E., and you'l see by his answer to how
little purpose. I fear that I am remiss in my duty in not
176 COLONIAL PAPERS.
1731. [290]
remedying them myself, and beleive I shall, if he does not soon
appoint magistrates ; no two were ever more like to like then
Mr. Belcher and his chief Minister which he has the assurance to
call Sr. Robert, this is fact and cannot be denyed he has another
at Boston which he himself calls so, one Pemberton whom he
sends on errants, anybody who has been at Boston can vouch
this, Mr. Dalton a gentn. now in Londo. of extraordinary good
character and Mr. Barker a relation to Sr. Thomas Frankland
can vouch it ; the sudden prorogation of the Assembly here
made the country a little dissatisfied with me, until the
Governour's orders were made publick for so doing ; this
prevented them from addressing H.M. and therefore some of
the Council and Assembly the three members for this town
and some other of the chief inhabitants have joyned in a
memorial to my Lords Commissioners which they have requested
me to transmit, and to pray a speedy answer. I herewith send
it and humbly recommend it to their Lordships it could not be
imagined that from my last arrival here as Lieut. Governour
I could know so much as I do of the state of the country. I
have formerly spent part of my time here as Surveyor, and in
my letters home I always did them the justice to say how civil
and respectful they were to the King's Officers, and a very
different people from their neighbours of the Massachusetts,
who too frequently shew their disregard to H.M. servants ; I
mention this only because it has been represented here that I
had given an ill character of them at home, which would have
been false and unjust ; I heartily wish they were under a
seperate Govermt. from the Massachusetts for the reasons in
their memorial and I hope it will not be imagined I am induced
to be of this opinion in hopes of being the man myself, the
Province is small and unable at present to give a seperate
Governour anything more then they have now setled upon
their chief Governour, and therefore it would be worth nobody's
acceptance but one of themselves, the late Lieut. Governour
was born here and there are many worthy gentn. and good
subjects, Mr. George Jaffry is the second in the Council, Collo.
Walton the first being ancient, is passed being fit, and when
my Lords are pleased to remove me, I take leave to recommend
Mr. Jaffry as the properest person to serve H.M. I ought to
do the gentn. the justice, to own that there are others well
deserving but if they had the nomination themselves, Mr.
Jaffry would be the man etc. Refers to enclosures. Upon
reading them I beg my Lords will observe the difference in the
wording of the two acts from this Province and the Massachu-
setts, for adjusting the lines between ym., and whether one
do's not shew a better disposition towards it than the other ;
it is not to be expected it can be setled on this side the water,
an order from H.M. with an explanation of the words relating
to it, and the line of longitude, in the last Charter must
AMERICA AND WEST INDIES. 177
1731. [290]
determine it, and they hope they will not be circumscribed by
the northerly course of the turn of Merrimack River but that
their westerly bounds will extend as farr as their neighbours
on either side ; If the charter of the Massachusetts is to be
vacated then Merrimack River will be the natural bounds
between the two as far as the course is near westerly, and
whenever that happens the Province of Main added to New
Hampshire would be a handsome and extensive Governmt.
and would be convenient and pleasing to both people ; there
is another wide difference between New Hampshire and their
neighbours, there they are Independants, and great zealots,
here they are moderate and inclining to the Church of England,
tho' there never was one within the Province ; the Gentn. of
this town, and who are generally in disgrace with H.E., have
made handsome subscriptions for building a church, and are
upon beginning it, but the maintenance of a Minister at first
will be very heavy upon ym. as the congregation will not be
very numerous, they are upon sending a modest and ingenious
gentleman to be ordained by my Lord Bishop of London, who
has been some years a preacher in this country, he was bred
at Cambridge Colledge near Boston and is very desirous of being
in orders, but discouraged from the thoughts of returning to
this country because the maintenance of Ministers is generally
very small, and no chance for a man of any merit to preferment.
I'll take the liberty to recommend him to my Lord's interest
to get some encouragemt. from H.M. as well from the Society
for propagating the Gospel, and I hope such would have a very
good effect in these parts. Govr. Belcher bro't over some
Church plate and ornamts. for one of the churches at Boston,
as H.M. bounty, I humbly pray my Lords will recommend this
new one for the like favour. Enumerates six present Councillors.
Continues : There is but one more vizt. Capt. Frost, but he is
uncapable having lost his speech and his limbs by the palsy etc.
Mr. Waldron is hitherto only recommended to H.M. for a
mandamus, but I earnestly intreat the favour that he may not
be of the number for the aforesd. reasons, and for the oppositions
he formerly gave me in conjunction with his father-in-law Mr.
Westbrook when I made a formal tender of 130 mast trees
which were seized here by my Deputies, this may appear by
a copy of a most scurilous letter wrote by Mr. Waldron, and
signed by Mr. W T estbrook to the late Lieut. Governour here,
wherein he and I were much abused, which copy I transmitted
to you 18 months ago, and which I request you will once more
lay before the Board. As Lieut. Governour I am told I have
no place nor vote at the Council table when the Chief Governour
is there. I therefore pray that I may have an order or qualifi-
cation to regulate as my Lords intend it should be, and I should
take it as a very signal mark of their Lordps. to recommend
Mr. Benning Wentworth eldest son of the late Lieut. Govr.,
Wt. 441 C.P. XXXVIII -12
178 COLONIAL PAPERS.
1731. [290]
Mr. Theodore Atkinson, Mr. Joshua Peirce senr., Collo. Andrew
Wiggin, and Collo. John Gilman to be of the Council ; my brother
will take out their mandamus's, these would only make up ten
of the number, and it would be a credit to me to be intrusted
with a blank mandamus or two to fill upon occasion ; the
gentn. that is about going to be ordained his name is William
Shurtaff, if my Lords would be pleased to recommend him to
be Province Secretary by H.M. Commission he is well qualified
and would be a help to him and his small congregation, it is
not worth above 251. sterl. pr. annum. It is now time for me
to make an apology for this tedious epistle which with my
most humble duty I pray you will lay before my Lords and
favour me with an answer etc. Signed, D. Dunbar. Endorsed,
Reed. 28th Sept., 13th Oct., 1731. Copy sent by [Capt.] Bax.
5 pp. Enclosed,
290. i. Deposition of Theodore Atkinson and Thomas Packer.
Copy of July 15 encl. i. q.v.
290. ii. Memorial of members of Council and of Assembly
and of other inhabitants of New Hampshire to the
Council of Trade and Plantations 10th July, 1731.
We etc. inhabitants of H.M. loyal and dutiful! tho'
small and poore Province of New Hampshire in America
being lately dissapointed of an opertunity of addressing
our most gracious King from the Representatives of
our people in General Court assembled and setting
forth the hardships we suffer by the dispute about
the lines between us and the Massachusetts Bay,
this dissapointment being occasioned by a sudden
prorogation after one day's sitting by our Lieut.
Governour pursuant to directions sent from our Chief
Governour from Boston, which was very surprising
to the House of Representatives here who at the
instant of prorogation were prepairing such address,
doe therefore most humbly pray to be permitted to
lay our said hardships before your Lordships. W T hen
our present Chief Governour was pleased to com-
municate to us the Royal Instruction for settling the
said lines we received them with all thankfulness and
duty and imediately proceeded upon naming our
Commissioners in the very manner prescribed in the
Instructions, but our choice not being approved by
H.E. and very difficult to find others qualified we
readily came into other measures to facilitate the
settlement of the said lines, as may appear by attested
coppys .of the proceedings thereupon. All which
proving ineffectual and having too much reason to be-
leive that our neighbours of the Massachusetts Bay doe
not desire to have the lines fixed because wee apprehend
that they are making settlements which will be deemed
AMERICA AND WEST INDIES. 179
1731. [290. ii]
farr on our side the lines and are frequently exercising
an authority and jurisdiction nine, tenn and eleven
miles to the northward of Merrymack River by seizing
and carrying away some of our inhabitants, imprisoning
sueing and fineing them at their courts on the south
side of the sd. river to the great dammage and dis-
couragement of many poor familys. We therefore
humbly pray your Lordships favour that H.M. may
be addressed to interpose and give his royal orders
for ascertaining and determining the lines in dispute
to which we shall cheerfully submit as we have always
done to his pleasure well knowing that H.M. can have
no other intentions than the wellfair, prosperity and
ease of his loyal subjects. We further begg leave to
represent to your Lordships that this small Province
labours under vast disadvantages by being under the
Government of the same person with the Massachusetts
as that Province is very considerable in respect to us,
and the Governor's sallary chiefly arising there. We
have been denied and cannot at any time reasonably
hope for his assent to some acts which would be
beneficial to our small Province, which if we were
under a seperate Governour would not be denyed to
us and which might also enable us much better to pay
the sallary which we have already pursuant to H.M.
Instruction settled upon our Chief Governour, so as
to enable a Governour of our own to support that
rank. If w r e might presume to begg this favour of
his Majesty it would be such an act of his goodness as
would forever make His memory deare to our posterity
as his royal person is now to us. To mention any other
greivance which we feel we fear would render us too
troublesome to your Lordships and imploye more of
your precious time than our proportion, and they are
such as might easily be remedyed here, several of our
towns are at this time destitute of any magistrate
insomuch that a constable has come to the town of
Portsmouth 38 miles to be sw r orn into his office, and no
Justice of the Peace nearer to the town he came from
then 23 miles, this misfortune we labour under by an
unhappy displeasure conceived against some of us by
our Cheif Governour as we apprehend tho' we humbly
are of opinion without the least grounds, we having
not only complyed with everything he asked of us in
his Majesties, but passed a vote for paying him six
months sallary beforehand, whereby in case of death
or removal we may be lyable to pay the same or most
part thereof to his successor. Pray for an answer to
this remonstrance etc. Signed, Geo. Jaffrey, Andrew
180 COLONIAL PAPERS.
1731. [290. ii]
Wiggin, Theodore Atkinson, Benning Wentworth,
David Jeffries, John Wentworth, Josha. Peirce, Thos.
Packer, Josh. Peirce, David Cargill, Willm. Brock,
J. Bradford, Jno. Rindge, John Macmurphy.
Endorsed as covering letter. 2f pp.
290. iii. Governor Belcher to [?] Boston, 21st June, 1731.
Col. Dunbar may soon be expected at Portsmouth,
where his Commission is to be published etc. Continues :
" I would have the Assembly sitt the 1st of next
month in order to agree on the 13th of July to meet
the Commissioners of this Province about the line at
Newbury etc. Your Assembly having voted the
time agreeable to the Committee here, let the Court
be prorogued to the first Wednesday in Sept. next
and the vote they make the Secretary must send me
hither to Signe. Signed, J. Belcher. Endorsed as
preceding. Copy. \ p.
290. iv. (a) Speech of Lt. Gov. Dunbar to the Council and
Assembly of New Hampshire. 1st July, 1731.
Expresses pleasure at appointment and appreciation
of his predecessor, whose administration made him
universally beloved. Their meeting is intended to
proceed upon settling the line etc. Signed, D. Dunbar.
Copy. 1 p.
(b) Reply of Assembly to preceding. 1st July,
1731. H.M. apointing a Lt. Govr. that hath been so
long and continually imployed in publick services is
a mannifest mark of his royal goodness and kindness
to this people. The memory of the late Lt. Govr. will
always be dear to them etc. We shall doe everything
that can be reasonably expected from a loyal people
to make you easy etc. Signed, Andrew Wiggan,
Speaker. Same endorsement. Copy. 1 p. [C.O.
5, 873. ff. 144-147, 148-152*;. (with abstract}.]
July 12. 291 . Duke of Newcastle to the Council of Trade and
Hampton Plantations. It having been represented to the King, that
the Officers and private men of the two Regiments that were
sent to Jamaica last year, suffer greatly from the badness of
the climate, and that the said Regiments are of little or no use
for suppressing the rebellious negroes there ; H.M. has com-
manded me to signify to your Lordps. his pleasure, that you
examine into this matter, and report your opinion with all
expedition, how farr the said Regiments may be usefull towards
reducing the rebellious negroes, or necessary to be continued
for the defence and security of that Island. Signed, Holies
Newcastle. Endorsed, Reed. 12th, Read 13th July, 1731,
1 p. [C.O, 137, 19. ff. 35, 36v.]
AMERICA AND WEST INDIES.
181
1731.
July 12.
Boston.
292. Governor Belcher to the Council of Trade and
Plantations. Encloses duplicate of 21st June and awaits
answers to his many letters since 10th Dec. Repeats letter to
Duke of Newcastle July 10th. Concludes : I hope nothing
Col. Dunbar may write will have any influence to my prejudice,
till I first have an opportunity of answering for myself. He is
a gentleman of a most uneasy restless temper, and I wish to
God I was clear of him. I am sorry while I tell your Lordships
that Governor Montgomerie of New York dy'd there very
suddenly the first instant. He was a gentleman of an
uncommon character, universally belov'd living, and so lamented
dead. Signed, J. Belcher. Endorsed, Reed. 28th Sept., Read
19th Oct., 1731. 2f pp. [C.O. 5, 873. ff. 193-194, 195,
195i;., 196i;. (with abstract).]
July 13.
Boston.
293. Governor Belcher to the Council of Trade and
Plantations. Repeats part of preceding, mutatis mutandis.
Signed, J. Belcher. Endorsed, Reed. 3rd Sept., Read 19th Oct.,
1731. [C.O. 5, 873. ff. 191, 191u., 1920.]
July 13.
Whitehall.
July 13.
Whitehall.
294. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 12 acts of Jamaica passed in 1730. [C.O. 138,
17. pp. 316-319.]
295. Council of Trade and Plantations to the King. Repre-
sentation upon Act of Jamaica for the better regulating slaves
etc., (for reasons set out, A.P.C. III. pp. 344, 345 q.v.) The Act
in effect repeals former laws passed at Jamaica in favour of
several negroes who had been made free for their faithful
services, and their descendants, and especially John Williams,
his wife, and descendants." It is also impolitick in its tendency
with respect to the interest and welfare of Jamaica, as well as
unequitable to the persons above mentioned ; and to the whole
order of free negroes, since it manifestly tends to discourage the
integrity of the slaves in that island, as well as the industry of
those who are become free : whereas it would in our humble
opinion be very prudent, eminently to reward all extraordinary
examples of fidelity and virtue amongst the negroes of all
denominations for the better governing of a people whose
service is so essential to the prosperity both of this Colony and
of all your Majesty's Plantations. We therefore take leave \,o
lay this act before your Majesty for your disapprobation.
[C.O. 138, 17. ff. 319-321.]
July 13.
Boston.
296. Governor Belcher to the Duke of Newcastle. Is
obliged to trouble his Grace again after his letter of 10th July,
because he learns that some complaint is going home from New
Hampshire against him. Continues : I have good reason to
182 COLONIAL PAPERS.
1731. [296]
believe my Lt. Governor is att the head of this affair. Your
Grace will upon this judge how inconsistent it is with the King's
honour and service to have Collo. Dunbar continu'd to interfere
and give trouble to the King's Governor etc. Continues : I
now take the opportunity to give your Grace ten thousand
thanks for the stop you put to his Commission for some time
(as my friends inform'd me), and I wish to God it had been
finally stopt, for he is the most restless uneasy Gentleman I
ever had to do with. I woud still begg of your Grace he may
be otherwise provided for, and that Coll. Henry Sherburn might
be my Lieutenant Governor etc. Col. Dunbar's ill nature and
prejudice against him are such that he supposes the same com-
plaints against his are of the same kind as his pompous and
fictitious complaint about Frederick's Fort, by which also much
trouble was caused owing to his not having been allowed to see
its contents before being sent home etc. When he himself
exhibited a complaint against Governor Burnett at Whitehall,
the answer was that no proceedings could be made upon it but
to serve Governor Burnett with a copy for his answer etc.
Concludes : I remember an observation of a great man when
I was att Whitehall upon an opposition made in the house of
Commons, that the pasture was streight and the cattle numerous.
This may it please your Grace (comparing small things with
great) is the case att New Hampshire. Men that are out of
office, wou'd feign be in, and because they can't, the next thing
is to murmur and grumble etc. Awaits copy of the complaint
for his answer. Signed, J. Belcher. 2 pp. [C.O. 5, 898. No.
90.]
July 14. 297. Council of Trade and Plantations to the King. Rep-
Whitehaii. rescntation on Act of New Jersey, 1728, for appropriating part
of the interest money paid into the Treasury by virtue of a law to
the incidental charges of this Government and for subjecting the
residue to future appropriations. Describe provisions of the
Act of 1723 referred to. Continue : Under these regulations
[the original bills] have obtained a general circulation and have
not hitherto been subject to that discredit which hath usually
attended a paper currency in other parts of America. But
by the present act the original appropriation is destroyed and
the surplus of the interest made applicable to other purpose
that of sinking the paper debt. Refer to their letter of Nov.
20, 1728, recommending Governor Montgomerie to urge the
Assembly to repeal the last clause in the Act of 1728, " and
to restore this fund to its original appropriation for the more
speedy and effectual sinking the said paper currency, which
not having been complied with on their part, we now take leave
to lay the said act before your Majesty, for your disapprobation."
[C.O. 5, 996. pp. 274-277.]
AMERICA AND WEST INDIES. 183
1731.
July 14. 298. Lt. Governor Dunbar to Mr. Popple. Has been
Portsmo. requested by some of the principal gentlemen to send enclosed
Hampshire. P a P ers to tne Board of Trade, requesting liberty to emit 40,000/.
that county money etc. Continues : It is not above 11,OOOZ.
sterl., and there is a very great necessity for it, there is no such
thing as gold or silver mony here, and so little paper money
(as it is called) that one of my Deputy Surveyors tells me he
cannot gett of that sort, vallue for a bill of 151. sterl., and I
myself have been 10 days enquireing for province bills for a
30 or 40/. bill to London, and must at last send to Boston for
it, to defray my expences here, the Province is small and really
poor, but the people deserve better, they have a just sense of
their duty to H.M., and it would be great favour to them to be
indulged in this petition, and it would give me a great deale of
pleasure to be an instrument of doing them any service, which
is all the reward I can expect ; I presume I need not tell my
Lords that there is no sallary but to ye chief Governour, and tho'
that is four times a proportion from this Province in respect to
ye Massachusets one thousand pounds wch. is recomended to be
settled on a Governour, yet it is too inconsiderable for any
man's support but one of themselves. I am told the perquisites
are worth 40 or 50/. sterl. pr. annum ; since my arrival they
have not amounted to so many ' shillings this currency etc.
Proposes to return to Fredericks Fort for 2 or 3 months. " I
reckon that my home for tho' the gentlemen here are exceeding
civil and give me dayly invitations to entertainments, yet I
am obliged to lodge in a publique house, and the best of them
are bad in this country etc. PS. You will see by the letters
wch. has passed between Governour Belcher and me, and
which I now send to my brother to be communicated to my
Lords, that he refuses to lett me see any of his Instructions,
but what is worse he has of his own head put this Province under
such confusion by turning out the principal gentlemen, without
asking the consent of ye Council, or ever shewing his Instructions
to enable him to do that of himself, wch. other Governrs. were
restraind from by theirs, that noe Superiour Court has yet satt
since his arrival here. Signed, David Dunbar. Endorsed,
Reed. 7th Sept., Read 19th Oct., 1731. Holograph. 2$ pp.
Enclosed,
298. i. Resolution of the House of Representatives of New
Hampshire, 5th May, 1731. The county being liable
for 1,500Z. a year as a sinking fund for former bills,
and 1500Z. a year for the support of the Government,
" which said sums altho' H.M. good subjects are
heartily and chearfully willing to pay to the utmost
of their abilitys towards the honble. support of the
Government cannot by any possibility pay, partly
by reason of the scarcity of money and partly because
the sums exceed what is a reasonable tax, Wherefore
184 COLONIAL PAPERS.
1731. [298. i]
etc. voted, that an act be drawn up for emitting 40,OOOZ.
at 5 p.c. for 15 years etc., and that H.M. be addressed
to confirm said act etc. Endorsed as preceding. Copy,
certified, James Jeffry, Clerk of Assembly. If pp.
298. ii. Minute of Council of New Hampshire, 6th May, 1731.
Suspending application for leave for emitting above
40,000/., inasmuch as the Governor, at the request of
the late General Assembly, made application to H.M.
for licence to postpone the payment of the outstanding
part of the 15,0007. loan and for emitting 6000/., to
which H.E. has not as yet reed, any answer. Same
endorsement. Copy. \p. [C.O. 5, 873. ff. 178-1 80u.
1810.-182D.]
July 15. 299. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following representation to be laid
before the King. Annexed,
299. i. Same to the King. In obedience to your Majesty's
commands etc. (12th July), we have considered how
far the two Regiments in Jamaica may be useful
towards reduceing the rebellious negroes, or necessary
to be continued there, for the defence and security of
that island. These regiments we presume were
ordered upon this service in consequence of an humble
Address to your Majesty from the Govr. and Council
of Jamaica in Nov. 1730 etc. (v. C.S.P.) quoted.
Continue : By our last returns from Jamaica the
number of white people including men women and
children and indented servants was 7648, and the
number of black slaves 74,525 exclusive of the free
negroes who were then 865. But, since the fears
which the people of Jamaica entertained of a Spanish
invasion have been removed by the late conventions
between your Majesty and the Crown of Spain and,
as we have been informed that the regiments now in
Jamaica can be of no other use for the reduction of
the rebellious negroes than by keeping the black slaves
in order at home, whilst the militia of the country shall
be employ'd in hunting the former in the woods ; we
are humbly of opinion that your Majesty may be
pleased to withdraw one of those regiments at least,
if not both of them, especially as the people of Jamaica
are unwilling to contribute for any continuance to
their support. But on the other hand, if your Majesty
should approve of this proposal, we could wish the
same might be executed in such manner as not totally
to deprive this valuable island of a force which is at
present a considerable increase to the number of their
w r hite inhabitants, and which seems in some sort
AMERICA AND WEST INDIES. 185
1731. [ 2 99. i]
necessary for securing their domestick tranquility ;
wherefore we would humbly propose that the com-
manding officers of both the said regiments should
receive your Majesty's instructions to disband not
only such of their soldiers as are artizans and may be
qualified to get their living, but in general all such as
shall meet with fitting encouragement for settling,
and shall be willing to stay in that country. The
remaining Regiment, if one shall remain, may next be
compleated to its full complement out of that proposed
to be reduced. And as the two Independent
Companies in Jamaica may reasonably be supposed
to be very weak, from the great charge that attends
recruiting in that island, we would also propose that
they might be filled up out of the said regiments,
whose officers may afterwards come home to raise
their companies again in England, by which means
the force of these regiments will still in great measure
be preserved to Jamaica, and your Majesty will save
the expence of bringing back the greatest part of the
soldiers from thence to Great Britain. With respect
to the negroes who have seated themselves in the
mountainous parts of Jamaica, we beg leave to acquaint
your Majesty, that we have reason to believe, that
some of them are descended from the negroes left
there by the Spaniards, when the English first
possessed themselves of this island, and that their
numbers have since been considerably encreased by
those that have from time to time deserted from your
Majesty's subjects. They are by some accounts
supposed to be about 500 men able to bear arms,
but what their positive number may be we cannot
determine. Heretofore when they have been trouble-
some by their incursions amongst the outward settle-
ments at Jamaica, the usual method was for the
Governor to contract with the King of the Musquitos
for a party of his subjects to hunt them in the woods,
but we are informed that when the King of that
nation was last at Jamaica, he was sent home
dissatisfied with the usage he received there, which
may possibly be the reason why the people of Jamaica
have not applyed to him upon this occasion. But as
the reduction or expulsion of these runaway negroes
is absolutely necessary for the peace and settlement
of Jamaica, we would humbly propose, that your
Majesty's Governor of Jamaica should be instructed to
try if by methods of lenity and good usage they may not
be brought into your Majesty's obedience, in which case
a proper tract of land may be allotted them in Jamaica
186 COLONIAL PAPERS.
1731. [299. i]
for their habitation ; but if this should be found
impracticable or dangerous, and the island should be
destitute of a sufficient force to reduce them, that
then the Governor should endeavour to conclude a
treaty with them for their being transported to one of
the uninhabited Bahama Islands, or some other part of
your Majesty's Dominions in America, where they might
settle under proper regulations, and in time become
good subjects to your Majesty, and useful to the
publick. Autograph signatures. Paper seal on report.
[C.O. 137, 47. ff. 107-109, 138, 17. pp. 321-326.]
July 15. 300. Lt. Governor Dunbar to Mr. Popple. By letters from
Portsmouth. m y brother I understand that Governour Belcher's friends deny
that any force was sent down or any jurisdiction exercised by
his order at Fredericksfort, it is notorious that every child in
this country knows it etc. Refers to enclosures. Continues :
It is no wonder they can deny matters of fact, when it
is courantly reported and believ'd here that Collo. Tailer and
the Committee sent by Mr. Belcher to ask improper questions
at Fredericksfort, were onely putt in there by stress of weather
etc. It would be hard to give a general bad character of any
country, but I will say that I never knew truth less regarded
any where in my life than in New England, (I comonly mean
by that, the Masachusets province onely) etc. My brother gave
me hopes that my Lords Commissioners of the Admiralty would
have sent a new commission for a Judge of Vice- Admiralty for
the Masachusets instead of Mr. Byfield before whom, experience
has convinced me, it is to no purpose to exhibit any libell. I
took the liberty formerly to say it was very inconvenient to
have the Admiralty Court officers here onely Depty. to those
at Boston, and it would be great care to the people of Maine,
if anything relating to them in that Court, could be tryed here
without goeing 60 miles farther to Boston, it would be a very
great conveniency to me and my Deputys, as all the pine trees
are in New Hampshire and Maine. Pray commend this to my
Lords for the opinion and intercession for such commission for
George Jaffrey, now Deputy Judge of Vice Admiralty here.
Signed, David Dunbar. Endorsed, Reed. 7th Sept., Read 19th
Oct., 1731. Holograph. 2 pp. Enclosed,
300. i. Mr. Willard to three Justices of the Peace of York
County ; Communicates : Order of Governor and
Council of the Massachusetts Bay to enquire into the
complaint of Josiah Grover, which they apprehend
to be a most flagrant and notorious riot etc. Upon
sufficient evidence of the facts, they are to issue their
warrant to the Sheriff to apprehend the offenders etc.
He must be directed to take sufficient assistance to
execute his warrant etc. Cambridge, Sept. 18, 1730.
Signed, J. Willard. Copy. 1 p.
AMERICA AND WEST INDIES. 187
1731.
300. ii. (a) Order of above Justices to the wSheriff in
accordance with above order. York, 25th Sept., 1730.
Signed, John Wheelwright, Jos. Hammond, Wm.
Pepperrell jr.
(b) Sheriff of York County to the Justices. Oct.
13th, 1730. Has apprehended, by virtue of above
writ, four prisoners and the schooner mentioned.
Signed, Jer. Moulton, Sheriff. The whole endorsed as
covering letter. Copy. 3 pp.
300. iii. Information of Josiah Grover to the Governor and
Council of the Massachusetts Bay. Cambridge, 16th
Sept., 1730. Complains of being driven from his
settlement and seized in a schooner by some Irishmen
from Pemaquid or Fredericks Fort. Endorsed as
preceding. Copy. 3 pp.
300. iv. Order of the Council and Assembly of the Massachu-
setts Bay, 26th June, 1716, that, for the more
convenient administration of Justice, all the lands
families and settlements within this Province to the
eastward of the Province of Maine shall be annexed
to the county of York etc. Consented to, Wm. Tailer.
Same endorsement. Copy, examined by, J. Willard,
Secry. 1 p. [C.O. 5, 873. ff. 183, 183i;., 1840.-185,
186U.-187V., 1880.-190t>.]
July 15. 301 . Lt. Governor Dunbar to the Duke of Newcastle. Has
New received H.M. Commission to be Lt. Governor, and is very
Hampshire. sens ikj e o f n i s unworthiness of so high a trust, but "will do
my best endeavours to doe it like an honest man " etc. Returns
thanks for his Grace's support when so much opposition was
made to it etc. Continues : Your Grace will be more and
more sensible every day that the interest formed against me,
was the same that opposes everything relateing to H.M. and
His interest in ye Masachusets Governmt. If I had been less
diligent in my duty in America, I should have had more friends
and more mony too etc. My enemies have stuck at nothing
to blacken my character with your Grace, they are in that
respect not unlike the papists who are of opinion they may use
all ways and means to promote their own interest and keep
no faith with hereticks, such, my Lord, are all those that differ
from the Masachusets principles, in their opinion ; dayly
demonstration evinces it, they deny facts upon public record.
One instance was that they never sent any force to disturb
the settlements at and near Fredericksfort, when in fact a
High Sheriff was sent, who is also Major of a regiment in the
Province of Maine, with an armed sloop and 36 men in arms
to take prisoners from thence, and effected it, and some of the
men to this day in ye county gaol of that province, more than
100 miles from the place where they were taken. I had ye
188 COLONIAL PAPERS.
1731. [301]
honour some time agoe to give a full account hereof to your
Grace and to my Lords Commissioners for Trade etc., but there
has been such tricks play'd with my letters both to as well as
from England, that many have miscarryed both ways, it is
pretty common at Boston, and even Governour Belcher (under
whose command I now am) has deigned to be so far concerned
yt. way that H.E. has even handed copys about of one letter
from my wife to me ; this, may it please your Grace is a heavy
charge against a man yt. ought to be a Gentleman. I have had
the honour of writeing often to your Grace, and if I fail to prove
any one particular as I represent it, I can expect no other but
a scandalous dismission from H.M. service and to be abandoned
by all men of honour ; until then I most humbly beg your Grace
not to believe anything yt. may be suggested to my discredt.
until I have an oppertunity of justifying myself. I have now
sent accounts of the new settlements, of wt. relates to this
Province to my Lords Comms. for Trade, and requested yt.
copys may be layd before your Grace. I have no clerk or
assistant, and the ship that carries this is weighing anchor etc.
Governour Montgomery dyed suddainly at New York the 1st
instant. Signed, David Dunbar. Holograph. 3| pp.
Enclosed,
301. i. Deposition of Theodore Atkinson and Thomas Packer,
15th July, 1731. Major Jeremiah Moulton, High
Sheriff of the County of York, Mass., talking with them
about an expedition he had been upon to Fredericks
Fort, told them he reed, a warrant from the Justices
of said county, by virtue of an order from Governor
Belcher and the Council, and in pursuance thereof
took up a vessel and enlisted upwards of 30 men, well
armed etc., and did proceed to Pemaquid Harbour,
but the wind not allowing him to goe up to the Fort
was forced into another harbour, where he stopped
all people passing up and down the river, until he had
got as many as he wanted, and secured them on board.
He said he was not limited to any certain number of
men, but might have carried the whole county of York
if he had thought proper. Signed, Theodore Atkinson,
Thos. Packer. 2 pp. [C.O. 5, 10. ff. 84-86.]
July 15. 302. Lord Baltimore to the Council of Trade and
Plantations. Proposes John Ogle, of Dublin, and John
Broughton, of Westminster, as security for Lt. Governor
Ogle (v. 1st July). Signed, Baltimore. Endorsed, Reed. 16th,
Read 20th July, 1731. 1 p. [C.O. 5, 1268. ff. 14, I7v.]
July 17. 303. Certificate by James Bertie that some time before the
treaty for the sale and surrender of Carolina to the Crown was
set on foot, Mr. Thomas Lowndes petitioned the then Lords
AMERICA AND WEST INDIES.
189
1731.
July 1.7.
July 17.
Bermuda.
July 17.
Bermuda.
[303]
Proprietors that his grants of 12.000 acres each might be
exchanged for other grants of small parcels etc., which was
unanimously agreed to by the Board etc. Signed, Ja. Bertie.
Endorsed, Reed, (from Mr. Lowndes) - - Sept., Read 22nd
Sept., 1731. f p. [C.O. 5, 362. ff. 34, 35u.l
304. Certificate by Richard Shelton as to above transaction,
but the petition and minute are lost or were delivered to Mr.
Leheup of the Treasury amongst several other loose papers etc.
Signed, Ri. Shelton. Endorsed as preceding. [C.O. 5, 362.
ff. 33, 85.]
305. Lt. Governor Pitt to the Duke of Newcastle. Encloses
journals and acts, as following. Signed, John Pitt. 1 p. [C.O.
37, 29. No. 14.]
306. Lt. Governor Pitt to the Council of Trade and
Plantations. Encloses answers to queries of 20th June, 1729,
which he is ordered to transmit annually, with alterations that
have happened since his last, and Journals of Assembly acts
lately made, vizt. : (i) for the attaching the goods of any persons
inhabitants or others not residing upon these islands ; (ii) to
supply the deficiency of the several funds etc., and for defraying
the charges of the Government ; (iii) to prevent attorneys defending
titles of lands and tenements without giving security to make good
costs and damages ; (iv) for the further and better regulating
negroes and other slaves, and for the more effectual and speedy way
of prosecuting them in criminal causes, being duplicates of those
he last transmitted. Signed, John Pitt. Endorsed, Reed,
llth Oct., Read 1st Dec., 1731. 1 p. Enclosed,
306. i. Replies to Queries of 20th June, 1729. Same as
Jan. 11, 1730, q.v., with alterations, (i) There are
65 vessels, the biggest not exceeding 120 tons ; (ii)
British and East India goods were about two years
since imported directly from London in some of the
Bermuda vessels, but have for several months past
been imported by the way of Barbadoes, which is all
the trade from hence to any part of Europe, (viii)
No. of inhabitants, White, 4,353 ; Blacks, 3,248. (ix)
They are decreased within these two years 1,173, the
chiefest reasons whereof are that the inhabitants daily
remove their familys to other Colonys for their better
support, and the blacks are often transported, (x)
Militia, 509, besides officers, (xi) The fortifications
are now almost repaired, (xvi) Finding that the
sums raised for defraying the charges of repairing
the fortifications were not sufficient, the act supra
(No. ii) has been lately made etc. Endorsed, Reed,
llth Oct., 1731. 8| pp. [C.O. 37, 12. ff. 90, 91i>.-
190
COLONIAL PAPERS.
1731.
July 17.
Hampton
Court.
July 19.
Virginia.
307. Mr. Delafaye to Mr. Popple. Begs pardon for not
answering sooner his letter relating to Act of Jamaica for the
better regulating slaves etc. and return thanks for notice of Mr.
Williams' memorial. The reason for his delay was that his
agency for Jamaica expired last March. " I had left my papers
relating to it in town, and I was obliged to send for them to
look them over, which the multiplicity of business and the
hurry we have had here has hindred me from doing " etc.
Has written twice to Governor Hunter for his reasons for passing
the act, but not heard from him. But it appears from the act
itself and his letter to the Board, 10th May, 1730, " that the
intent of the act was cheifly to prevent the rebellious negroes
from mixing among the other inhabitants of Jamaica,
frequenting their markets, trading with them and being supply ed
with arms and ammunition. Whether those rebels, provoked
by the attempts that have been made against them and not
subdued, but rather elated with the ill success of those attempts,
are less dangerous now than they were when that act was past,
or whether the act itself was a proper method of cutting them
off in some measure from the advantages of commerce and
from the opportunities of being supported in their rebellion is
what I must humbly submit to their Lops.' better judgement.
As this regards the publick good and even the safety of the
island, it seems in my humble opinion to deserve attention in
the first place. Mr. Williams's case and that of other free
negroes who are men of substance, if there be any more such,
does also deserve consideration, and I must own that as it is
stated it appears to be a hard one ; for which reason I cannot
desire that the act should be confirmed unless Major Genl.
Hunter should send over such reasons for it as may convince
their Lops, of the justice and necessity of it ; But till I hear
from him, I humbly begg their Lops, will be so good as to
suspend the rejecting of the act. I hope that upon what I
have wTitten to Mr. Hunter, the law will not have been put
in execution so as to prejudice Mr. Williams, or any others in
like case, and that some act will have been past for taking off
whatever may be too severe against persons in those circum-
stances. If I do not in a reasonable time receive from Jamaica
a satisfactory explanation of this matter, the loss of the act
(if they think it a good one) must be imputed to themselves,
etc. Signed, Ch. Delafaye. Endorsed, Reed. 17th, Read 20th
July, 1731. 3 pp. [C.O. 137, 19. ff. 73-74t'.]
308. Lt. Governor Gooch to the Duke of Newcastle. The
course of trade from hence to London affording me now a
convenient oppertunity to convey to your Grace the journals
of Council and other publick papers of this Government for the
last year, it is with pleasure that I can inform your Grace, that
as no extraordinary event has happened to disturb the public
AMERICA AND WEST INDIES. 191
1731. [308]
tranquility, so there will be found nothing in the journals to
shew any other than a perfect harmony in the Government,
and a general satisfaction amongst the people. Providence
hath hitherto favoured this Colony with the greatest prospect
of a plentiful crop of all the usual productions of the earth than
hath been known for many years, particularly that of tobacco ;
and if I could be so happy as to have H.M. approbation of the
late act for amending the staple of tobacco, I have certain hopes
not only of seeing a new life to this lately lanquishing trade by
advancing the reputation of Virginia tobacco both at home
and abroad, but also a very considerable increase of H.M.
Customs. As this act hath no other meaning than doing justice
to the Crown, meliorating the quality of our staple commodity,
and establishing an honest method of dealing between the buyer
and the seller, I need use no other arguments to engage your
Grace's favourable recommendation of it, and therefore shall
only add, that whilst it remains uncertain whether it is to have
continuance or not for the four years it is intended to be in
force the minds of the people will be kept still wavering and
the due execution of the measures thereby established thence
greatly discouraged, which makes me, with the great charge
the country hath been at, the more sollicitous for its speedy
confirmation. I have one thing more to trouble your Grace
with. It is to have the opinion of H.M. Attorney and Sollicitor
General etc., whether slaves, Christians or not, convicted in the
Plantations of such crimes as by the laws of England are within
the benefit of Clergy, are intitled to the priviledge of the statutes
of England concerning Clergy. The case as it is stated here by
our lawyers, I have ordered our Agent Mr. Leheup to wait on
your Grace with etc. Signed, William Gooch. Endorsed, R.
24th Sept. Holograph. If p. Enclosed,
308. i. Proclamation, by Lt. Governor Gooch. (a) proroguing
the Assembly to 20th May. 8th Oct., 1730. (b) for
preventing the unlawful meetings and combinations
of negroes and other slaves. Directs the enforcement
of the Act of 1723 for preventing the meeting of slaves
at other plantations than those to which they belong
and punishing such as shall assemble together, great
numbers of negroes etc. having of late been suffered
to assemble and divers wicked conspiracies framed
amongst them etc. ; also orders the publishing of the
act of 1705 concerning servants and slaves, and that
the militia patrol the precincts of their several counties
at Christmas, Whitsun and Easter-tide holydays,
" and for further preventing the dangers which may
happen from the secret combinations of negroes etc.,
also orders that all persons serving in the militia and
all overseers having arms do at such times as they
repair to their several churches or chappells constantly
192 COLONIAL PAPERS.
1731. [308. i]
appear with their arms etc. 28th Oct. 1730. (c) pro-
roguing the Assembly to 24th June. 6th May, 1731.
(d) proroguing the Assembly to 18th Nov. 10th June,
1731. Williamsburgh. Copies. Signed. William
Gooch. 2 large pp. [C.O. 5, 1337. Nos. 51, 51 i.]
July 19. 309. Lewis Morris, President of the Council, New Jersey,
Perth t o th e Duke of Newcastle. The intention of this is to give your
grace the melancholly account of the death of Collo. Mont-
gomerie, our late Governour ; he dyed suddainly at New York
about foure of the clock on thursday morning the first of this
month ; some say of an appolectick fit, some say the gout with
which he had been for some time before afflicted got into his
stomach and carried him off etc. He was buried on fryday
evening, on Saturday I received the scales and papers relating
to this Province and immediately repaired to it, but it being
the heigth of harvest here and the gentlemen of H.M. councill
living verry remote from each other I could not get a councill
together till the wedensday and then but foure of them besides
myselfe ; when I took the oathes usuall on such an occasion ;
and at the desire of that councill summoned another to meet at
this place on the 16th pass'd. the inclosed addresse or memoriall
to me which they desire me to lay before your Grace, is what I
believe they chiefly intended by that meeting, if I am rightly
informed, what is there said to me is the generall sence of the
whole or by much the greatest part of the Province, and the
truth of the matters of fact alleged by them consists with my
knowledge. If H.M. should be graciously inclined to comply
with their desires, I humbly submit whether it would be incon-
venient to call the Assembly together to try whether a suitable
support will be raised by them in case they should be indulged
with such a seperate governour ; which perhaps they may now
have verry vigorous resolutions to do in an ample manner, whilst
their desires are strong : and which may flagg when they are
gratified, the gentlemen of the Councill dwelling so remote
from each other ; and all but two from this place it is not easie
to get a majority of them together. I find there are verry many
officers both civill and military wanting which I shal try to
supply in the best manner I can agreably to H.M. instructions
and endeavour by my conduct to approve myselfe H.M. faithfull
and loyall subject and your Grace's most obedient and most
humble servant, Signed, Lewis Morris. 2 pp. Enclosed,
309. i. Address of the Council of New Jersey to Lewis Morris,
President of the Council. Perth Amboy, July 18,
1731. Whilst expressing concern at the death of
Governor Montgomerie, congratulate him upon his
accession to the Government, and promise their
support. Continue : " If his Majesty shall not think
it inconsistant with his service to suffer it to be longer
AMERICA AND WEST INDIES. 193
1731. [309. i]
than is usual on such occasions, we shall esteem it as
a great instance of H.M. royall goodness and favour
unto this Province. Tho' the late Governour was
pleased to dispence with your attendance during the
setting of the last Assembly so that you were not
present at the many debates that then were concerning
the government of this Province by a Governor
seperate and distinct from New York etc., which (by
the consent of the late Governour) at last ended in
an address to H.M. etc. (v. 4th June). Yet the know-
ledge you have of the nature and circumstances of this
Province and the long experience you have had of the
methods of Government both before and since the
surrender of it to the Crown (you having been nigh
fourty years concerned in it and for the most part at
the head of the Council during that time) makes it
impossible for you to be unacquainted with the reasons
which induced the Assembly to make that address
etc. The generall Proprietors did upon their surrender
of the Government in 1702 concieve they were in some
measure intitled to have a distinct Governour etc.,
and the making the same person Governour of New
York etc. being destructive of their interest, they
understood that a distinct Governour was to be
appointed and flattered themselves with the hopes of
it. And if we are not misinformed, a person was by
the then Queen named for that purpose : But the Lord
Cornbury who had been some time before appointed
Governour of New York (and who had then actually
departed the Kingdom with a commission for
Governour of New York only) did by the intrest of his
friends at Court prevail on the Queen to alter her
intentions in that point and obtained letters patent
constituting him Governour of this Province also.
The inhabitants soon found the ill effects that was
.the consequence etc. and the then Assembly by their
remonstrance to him represented the inconveniency
of his long absence and residence in New York etc.,
but their complaints on that head, however reasonable
have not been hitherto attended with the desired
success, nor indeed have we any room to hope that
any person Governour of New York supported by the
large sallary and numerous perquisites of that govern-
ment with a garrison at his command and a sumptuous
habitation provided by H.M. for his residence with
ease and splendour will be easily prevailed upon to
have so much self denyall as to reside for any con-
siderable time amongst us who have not great
conveniencies for his reception and whose coming
Wt. 441 C.P. XXXVIII 13
194 COLONIAL PAPERS.
/
1731. [309. i]
into this Province is not only attended with an expence
to himself but a hazard of suffering some loss by his
absence from New York. But however convenient
the Governour's residence in New York may be to
himself and however imaginary the supposing of him
verry much under the influence of the Councills of
that Province to the prejudice of this may be deemed
to, be yet that the almost constant residence of the
Chief Magistrate of any country out of the country to
be governed by him has been and alwaies will be
inconvenient and prejudiciall to that country we
take to be self-evident etc. It is but too notorious a
truth that the residence of the Governours of this
Province in New York and their necessary application
to the affairs of that Province have to often occasioned
almost an intire neglect or forgetfulness of the concerns
of this and when offices of the Government have
become vacant they have been often suffered to
continue so for a long time or filled with persons unfit
for them to the great hurt of the country which we
perswade ourselves would have been otherwise had the
Governours been upon the spot and taken the advice
of the Council here who dwelling in severall parts
of the Province must be better acquainted with
both men and things then a Governour residing in
New York can probably be, it is no difficult task to
multiply instances of this kind, few of the commissions
either civil or military having been renewed by the
late Governour, and some not since the accession of
his present Majesty etc., whereby severall of the Courts
of Justice have with great difficulty been kept up and
the militia in most places remaind undisciplined which
in case of an invasion may be of bad consequence.
The Governour's attending on the affairs of New York
hath made it convenient for him to summon the Council
to attend him in a part of the Province verry remote
from their habitations that his meeting with them
might be with the greatest ease to himself but at the
same time could not be done by them but with great
fatigue as well as an extraordinary expence and often
when the publick affairs of the Province make appli-
cations to the Governour necessary, such is the
inclemency of the weather in the winter season that
it is not seldom verry difficult and dangerous to apply
to him at New York but some times altogether
impracticable. The Governour's being absent for a
year and oftener for six months has been the occasion
of great delays in the administration of justice both
in causes depending in Chancery and in those before
AMERICA AND WEST INDIES. 195
1731. [309. i]
the Governours and Council on write of error to the
great impoverishing of the parties etc., who have been
necessitated in order to expedite their business to
consent to hearing in Chancery at the City of New
York where at a great expence and loss of time they
have attended with their Council for that purpose and
in cases of appeals by writs of error which lye before
the Governour and Council has been in this Province
so seldom is a means of protracting those causes to
such an extraordinary length as almost amounts to
a deny all of justice and renders the judgment on which
such appeals are brought in a manner altogether
ineffectual. The Governour's residence in the Province
of New York and expending in that place the sallary
raised by this Province gives a great discouragement
to the raising the necessary support of the Government
the inhabitants conceiving they are not without an
equitable pretence that the money raised by them
should circulate in this Province and not be exported
to another this they account in some measure detri-
mental to their trade which being but small is the
less able to bear any discouragement. Sir, as His
Majesty is the common parent of all his subjects who
are how farr soever remote from his royall person
equally the objects of his care and tenderness, so we
natter ourselves that when he is informed how incon-
venient and detrimentall it is to this Province how
prejudiciall to his service to have the same person
Governour etc., his royal goodness will be induced to
commissionate some person to be Governor different
and distinct from the Governor of New York etc., and
we pray that you would be pleased to lay before one
of His Majesty's principall Secretaries of State what
has been said to you on this head. Signed, John
Anderson, John Hamilton, John Parker, John
Johnston junr., Peter Bard, Ja. Smith. 3 pp. [C.O.
5, 983. ff. 26, <26v., 27v-28v.]
July 20. 310. Mr. Popple to William Wood. The Board has
Whitehall, appointed this day fortnight to hear the merchants against the
Act of Jamaica laying a duty on negroes etc. [C.O. 138, 17.
p. 327.]
July 20. 311. Same to Mr. Delafaye. Reply to letter of 17th inst.
Whitehall. R e f er s to his of 30th June. Concludes : Their Lordps. being
press' d to make their report, and the objections offer 'd to the
act, being very strong their Lordps. could not avoid laying the
same before H,M, for his disallowance, and they were the rather
196 COLONIAL PAPERS.
1731. [311]
inclined to do so, because not hearing from you on the day
appointed, they naturally imagined you had nothing to offer in
behalf of the said act. [C.O. 138, 17. pp. 328, 329.]
July 20. 312. Governor Hunter to Mr. Popple. Acknowledges letter
Jamaica. o f 24th Feb. and encloses list of acts passed last session.
Continues : That which enacts the additional subsistance for
the two regiments for six months longer, that is to say twelve
months from their landing, was carried with great strugle but
by the majority of one vote, so God alone knows what must
become of them when that time is expired. I am at present
busied in fitting and ordering out a party consisting of four
companys of the regular troops at Port Antonio, f ourscoure armed
negroes and fourscore baggage by the advice of the Council,
in conformity to an Act pass'd last Session to march against
the slaves in rebellion in the North East parts, but the wheels
of this machin move so heavily, and the levys go on so awkwardly
that I have but little hopes of any great feats to be done this
bout. Neither I nor any belonging to me have any lands at
Port Antonio. In the beginning of the settlement I did put
my children's names in some patents for the encouragement of
others, but upon the landing of the troops I sold my negroes
and abandon'd the grants which was always my intention when
the place was once secured, as everybody here with whom I
conversed intimately well knew. Your cousin Henderson who
has lately lost his Lady will probably write by this conveyance
more fully to you. Signed, Ro. Hunter. Endorsed, Reed. 8th
Dec., 1731, Read 8th Feb., 173|. 2 pp. Enclosed,
312. i. List of 6 Acts passed in Jamaica, 1731. Endorsed as
preceding. 1 p. [C.O. 137, 19. ff. 102-104, 107u.]
July 20.
Whitehall.
313. Mr. Popple to Mr. Scrope. Having laid before my
Lords Commrs. your letter of 4th June, inclosing two from
Mr. Worseley, relating to the arrears due in Barbados, upon
an act for supporting the honour and dignity of the Government ;
I am commanded to desire, you will please to acquaint
the Lords Commrs. of the Treasury, that as the people of
Barbados have alledged that they have by the said act made
a much larger provision for their Governor than they are able
to bear, frequent disputes have arisen between him and them
upon that subject ; and they have endeavoured to avoid the
force of the said law : However, if the law be sufficient for the
purposes for which it was intended (as the Govr. seems to
apprehend it is) he has it in his power to put the same
in execution ; and my Lords Commrs. do not apprehend it
necessary that the Royal authority should interpose between
the Govt. and the People upon this occasion. [C.O. 29, 15,
pp. 228, 229.]
AMERICA AND WEST INDIES.
197
1731.
July 21.
Whitehall.
July 22.
Whitehall.
July 22.
Jamaica.
314. Council of Trade and Plantations to Governor
Montgomerie. Abstract. Acknowledge letters etc. of 22nd May
and 21st Dec. Have discoursed with several New York
merchants about the trading-house at Oswego, who propose
a duty on furs payable at Albany might be a very proper fund
for that charge. The Board inclines to a license to be paid
by any one who wishes to trade with the Indians, which must
be no greater than is required for that service. Are surprized
that the Assembly should not contribute cheerfully to the
support of this trading house. The Act for laying such a duty
must have a suspensory clause. They hope the Assembly in
the mean time will continue their present provision for the
trading house. They have cancelled all that he has written
about the paper currency of New Jersey. It was only an
account of the many and cautious provisions for sinking the
bills and preventing deficiencies, that they have allowed the
Act for creating 40,OOOL in paper currency lie by. It is not to
be imagined, therefore, that they can give up any one of them.
No harm can be done if the bills should be sunk in less time than
that allowed by the Act. If, as he mentions, the Assembly
refuse to assist at the sinking of these interest bills, as is required
by the law, they must be answerable for the consequence.
Having therefore often desired that he would propose to the
Assembly the passing an act to repeal that for appropriating a
part of the interest money paid into the Treasury, etc. to the incidental
charges of the Government etc., as the Assembly dont think proper
to comply, that have laid this act before H.M. for his disallow-
ance etc. Will be cautious how they lay the act last passed
for creating 20,000/. more in paper bills before H.M. for his
confirmation, considering how ready the Assembly are to break
into their own appropriations. [C.0. 5, 1125. pp. 172-176.
Printed, N.Y. Col. Doc. V. pp. 922, 923.]
31 5. Council of Trade and Plantations to the Duke of
Newcastle. Enclose extract of letter from Governor Hunter,
mentioning a memorial transmitted to his Grace for great guns
and ordnance stores etc. Conclude : " That settlement being
of great consequence, we take leave to remind your Grace
thereof " etc. [C.O. 138, 17. pp. 329, 330.]
316. Governor Hunter to the Duke of Newcastle. Encloses
list of acts passed last session of Assembly. Continues : That
for continuing the country's subsistance for the two regiments
here for six months longer, that is to say for twelve months
from their landing etc. as July 20th. Continues : Burrish
with the beef from Ireland arrived two days ago and I have
ordered it to be sold at publick out cry as the other provisions
have been, and I have ordered the produce to be put into the
Receiver General's hands etc. Suggests that it be left there
198
COLONIAL PAPERS.
1731. [316]
July 22.
Whitehall.
July 22.
Whitehall.
July 25.
Squirrell,
St. Johns,
Newfound-
land.
k ' for a fund for subsistence for the two regiments here in the
event which I apprehend of their country's subsistence ceasing "
etc. Repeats part of 20th July. PS. Has issued a Commission
to his son Charles Hunter to supply a vacancy in his Independent
Company. " He is on the half pay list at home and does not
want other qualifications." Asks for H.M. confirmation.
Signed, Ro. Hunter. Endorsed, R. Dec. 8. 3 pp. Enclosed,
316. i. List of Acts of Jamaica passed 3rd July, 1731. (i)
for providing additional subsistance for the two regiments
etc. (ii) for rendering the Bait, more serviceable etc.
(iii) for vesting the real estate of John Todd, planter in
trustees etc. (iv) for vesting the real estate of Elizabeth
Doddington deed, in the Churchwardens of Port Royal
for performance of her will etc. (v) to confirm the title
of Edward Charlton to three parcels of land in St. Jago
de la Vega etc. (vi) to continue part of the act for the
better suppressing rebellious and runaway negroes etc.
1 p. [C.O. 137, 53. ff. 360-362.]
317. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 18 Acts of the Massachusetts Bay, passed in
1731. (i) impowering Commissioners to determine the bounds
of this Province and New Hampshire ; (ii) in addition to the Act
for settling estates of intestates ; (iii) supplementing Act referring
to the poor ; (iv) regulating the soldiers in H.M. service and in
the pay of this Province ; ( v) to prevent deceit in the gauge of cask ;
(vi) to prevent frauds in muster-rolls ; (vii) to prevent unnecessary
law-suits ; (viii) for erecting the County of Worcester and estab-
lishing Courts of Justice there ; (ix) for naturalizing Protestants
of foreign nations; (x) in addition to the Act encouraging the
killing of wolves ; (xi) encouraging the raising the hemp ; (xii)
empowering Courts to adjourn to other towns in case of small-pox ;
(xiii) for relief of debtors ; (xiv) for dividing the town ofTaunton
and erecting a new town there by name of Raynham ; (xv) for
payment of Members of Council and the Representatives from
\4ith Oct. etc. ; (xvi) in addition to Act for ascertaining the number
and regulating the House of Representatives ; (xvii) for supplying
the Treasury with 6000Z. ; (xviii) in addition to the Act for
regulating weights and measures. [C.O. 5, 916. pp. 422-425.]
318. Same to Same. Encloses, for his opinion in point of
law, act of Antigua, 1730, for the further continuance of John
Yeamans as Agent etc. [C.O. 153, 15. p. 110.]
319. Governor Osborn to the Duke of Newcastle. Has
little to add to his letter of 25th Sept. last, but what would appear
a repetition of it. Continues : No sooner was I arrived this
year at St. Johns but I received a petition from the Justices of
the Peace of that district, setting forth the many obstructions
they still meet with in their office. Finding this to be the
AMERICA AND WEST INDIES. 199
1731. [319]
general complaint of all those majestrates in this Island, in
several parts of which they are in a manner already rendered
useless, transmits copy, with the orders I issued on that occasion
etc. With humble submission I presume by that, it will appear
to your Grace that the fishing Admirals, influenced by the rest
of the masters of the fishing ships, are the oposers of all the
steps that have been taken, and tho' I have only reproved
them for it ; yet I cant help saying they upon all occasions
behave themselves very dissrespectfully, and in our absence
treat H.M. authority and power with great contempt, and some
of them does not scruple to say, that it is their interrest to oppose
any form of Government whatever here, that is not established
by Parliament, and the reason is, by the Fishing Act, they
believe the administration of all affairs is in them, and that
they have thereby an unlimited power to do whatever they
please, and make use of it to serve any fraudulent purpose in
their private ways of trade, a great many of which, they could
not so well do, as while the power is in their hands ; these are
the arguments they make use of, and the real motives of their
dissentions etc. I have since with the humblest submission to
H.M. pleasure resined the Government to Capt. Clinton, and
made him acquainted with all the steps I have taken etc. Signed,
Hen. Osborn. Endorsed, R. 9th Sept. 3f pp. Enclosed,
319. i. Proclamation by Governor Osborn. St. Johns, 12th
June, 1731. Whereas it has been represented to me,
that some troublesome ill designing people, who
through private and corrupt views, have endeavoured
to disturbe the minds of H.M. orderly and well disposed
subjects, very much tending to the subversion of all
good order and government etc., by throwing
scandalous, and seditious reflections upon H.M.
authority and power, and particularly touching those
Commissions granted by him for the better rule and
government of Newfoundland, under false interpriting
of the powers granted to the Admirals etc., and have
been very industrious to diminish the power and
authority of H.M. Justices etc., requires all and singular
H.M. subjects to behave themselves with all due
respect and obedience to H.M. Civil Government, and
the Majestrates thereof etc., and all Justices strictly
to execute the laws on such who shall show any
contempt to their power and authority etc. Signed,
Hen. Osborn. Copy. 3j pp.
319. ii. Messrs. Weston and Southmayd to Governor Osborn.
St. Johns, 10th June, 1731. We have endeavoured
to execute the powers granted us as Justices of the
Peace, and have lived very quiet and orderly till the
arrival of the Fishing Admirals and other masters of
ships in the several harbours etc., who have very much
200
COLONIAL PAPERS.
1731. [319. ii]
July 26.
Boston.
July 26.
Boston.
contemned, abused and slighted our authority, and
that authority from which we received it, and extend
the powers given them by the Act of Parliament to
all acts of Civil Government, and proceed therein in
a very arbeterry manner, insomuch that they have
even presumed to create Constables, and issue warrants
to those appointed by us in our Quarter Sessions, to
the creating great confusion in those officers etc.
Pray for a full explanation of said Act etc. Signed,
Wm. Weston, A. Southmayd. Copy. 2| pp. [C.O.
194, 24. Nos. 19, 19 i., ii.]
320. Governor Belcher to the Council of Trade and
Plantations. Begins as preceding. Concludes : I inclose your
Lordships the Journal of the House of Representatives to this
day etc. and a copy of my 36th Instruction, where your
Lordships will observe, H.M. is not pleas'd to esteem my being
in the Massachusetts an absence from New Hampshire. Nor
was it ever thought so in the administrations of my predecessors
etc. I therefore hope your Lordships will by no means counten-
ance any such confusion in the King's Government. I have
been a long time expecting the royal mandamus's for Mr.
Waldron and Mr. Gambling to be of H.M. Council in New
Hampshire etc. I now take leave to mention the making out
a mandamus to Ephraim Dennet to be one of H.M. Council for
New Hampshire. He is a worthy Gentn. and everyway qualified
etc., and has taken care to pay the charge of his mandamus,
and the Council there is very thin at present. Signed, J.
Belcher. Endorsed, Reed. 28th Sept., Read 19th Oct., 1731.
3 pp. Enclosed,
320. i. H.M. 36th Instruction to Jonathan Belcher, Governor
of New Hampshire. Copy. 1 p. [C.O. 5, 873. ff.
197-198, 199, 200*;.]
321 . Governor Belcher to the Duke of Newcastle. Refers to
letter of 12 and 13th respecting Col. Dunbar. Continues :
That gentleman seems to be in a perpetual ferment, and gives
me a great deal of unnecessary uneasiness, and I have reason
to believe is continually writing against me to the Board of
Trade etc. Asks that nothing may be done to his prejudice
till he has been served with copies for his answer etc., and that
Lt. Gov. Dunbar may be replaced by Mr. Sherburne. Con-
tinues : I have constantly transmitted the proceedings of the
Assembly of this Province which has been sitting ever since
26th May past, from which time there has not been a shilling
in the publick Treasury, for the support of the King's Govern-
ment and for the preservation and protection of H.M. good
subjects in this Province, nor will the Assembly make any
supply of money to the Treasury, unless it be in such a manner
as the King in his royal Instructions to me sayes is expressly
AMERICA AND WEST INDIES. 201
1731. [321]
contrary to the tenour of the Charter etc. I am, may it please
your Grace, much concerned what will become of H.M. Province
of the Massachusetts Bay, and earnestly desire the King's
special direction with respect to the supply of the Treasury,
for if the Assembly will not grant any money but in a manner
contrary to the King's orders to me, the Government will be
lost and the inhabitants great sufferers etc. Signed, J. Belcher.
2 pp. Enclosed,
321. 1. The Boston Gazette, Number 602, July 512, 1731,
contains an extract from a letter from London upon
the debate in the House of Lords on the bill passed
in the Commons for discouraging woollen, linnen and
iron manufactures in the Colonies. Printed. 2 pp.
[C.O. 5, 898. Nos. 92, 92 i.]
July 27. 322. Order of Committee of Council. Referring following
Whitehall. t o the Council of Trade and Plantations, " who are to examine
into the allegations thereof, and consider what sum will be
sufficient to be raised for the support of H.M. Governor of
Barbados with dignity, in addition to the salary of 2000/.
allowed from hence, and to the known perquisites arising to
the Governor of that Island, the amount of which, the said
Lords Commissioners are to inform themselves of, and to report
with all convenient speed," etc. Signed, Ja. Vernon. Endorsed,
Reed., Read 28th July, 1731. If pp. Enclosed,
322. 1. Petition of several Merchants, Planters and others
interested in and trading to Barbados to the King.
Recount former regulations of Governor's salaries.
By means of the new Instruction and the influence
which all Governors must have from the greatness of
their power (which private men dont think it prudent
or safe to contend with), the present Governor
prevailed upon the Assembly to settle on him 6000/.
sterling pr. annum etc. As petitioners have found by
experience this additional Instruction tends greatly
to the endangering the peace and welfare of the island
and to the creating of animositys and divisions amongst
the planters and inhabitants etc., and to load their
plantations and products with heavy dutys to the
great prejudice and almost ruin of their trade. And
as petitioners humbly conceive that an ill use hath
been made of the power given by this Instruction
whereby the inhabitants have been greatly
impoverished and also disabled from providing for
their necessary defence and security in repairing the
fortifications etc., and apprehend that the same ill
use may be made again etc., pray that it may be dis-
continued, etc. 26 signatures. Copy. 4f pp. [C.O.
28, 22. ff. 59-62, 64v.]
202
COLONIAL PAPERS.
1731.
[July 27].
July 27.
Annapolis
Royal.
323. Inhabitants of the County of Albemarle in N. Carolina
to the Council of Trade and Plantations. Having for many
years been planters of tobacco, etc. they are now by a law made
in Virginia in 1726 prohibited the benefit of carrying the same
to Virginia, in order to be shipt of for Great Brittain as formerly
accustomed etc. The inletts to that part of No. Carolina are
not capable of receiving vessels of burthen fitt for the trans-
porting of tobacco to Great Brittain etc. Unless this law be
repealed, which they conceive to be directly contrary to the
Acts of Trade, the sd. inhabitants (being cheifly very poor
people) are in danger of being reduced to the extremest poverty,
and must either be obliged to quitt their plantations, or fall
upon such usefull manufacturys for their necessary cloathing
etc. as will prevent the sale of considerable quantitys of European
goods, and consequently be prejudicial to the trade of Great
Brittain. Endorsed, Reed., Read 27th July, 1731. 1 p. [C.O.
5, 293. ff. 24, 25v.]
324. Governor Philipps to the Duke of Newcastle. Ack-
nowledges receipt of H.M. commands for his return home,
received 22nd July from Lt. Governor Armstrong. Continues :
There are many papers of Council and orders and instructions
necessary to be transcribed for takeing with me to render a
good account of my administration, which shall take up as little
time as possible. And it imports me much to be very carefull
of delivering up the Government to Lt. Governor Armstrong
with the greatest exactness who is turning up every stone and
rakeing into every kennell to find some dirt to bespatter me
with in hopes that some may stick, in which I doubt not but
he will be disapointed, however he shews his ill will tho' under
the greatest obligations of gratitude. I shall go hence in few
days by way of Canso to visitt that post, and embark on board
H.M. ship on that station, that being probably the speediest
course I can take for a passage from hence, the way of New
England being more uncertain, etc. Signed, R. Philipps.
Endorsed, R. Oct. 7th. 3 pp. [C.O. 217, 39. No. 4.]
[July 27]. 325. Mr. Yeamans to the Council of Trade and Plantations.
Requests grant of 12 cannon with necessaries for the stone fort
erected by the people of Antigua for the defence of H.M. ships
and storehouses at English Harbour etc. Set out, A.P.C. Ill,
p. 251. Endorsed, Reed., Read 27th July, 1731. If pp.
[C.O. 152, 19. ff. 59, 59v., 60v.]
July 27.
Council
Chambers,
Whitehall.
326. Mr. Vernon to Mr. Popple. The Lords of the
Committee of Councill, having appointed to meet at the Cockpit,
on Wednesday the fourth of next month, to consider of the
acts lately passed by the Assembly of Massachusetts Bay,
AMERICA AND WEST INDIES.
203
1731. [326]
relating to the settling a salary on the Governor etc., desire
some of the Lords Commissioners for Trade and Plantations
to attend etc. Signed, Ja. Vernon. Endorsed, Reed., Read
28th July, 1731. f p. [C.O. 5, 873. ff. 48, 490.]
July 28. 327. H.M. Warrant to John Rollos for engraving a new
Hampton silver seal for New Jersey etc. Countersigned, Holies Newcastle.
irt ' [C.O. 324, 36. p. 281.]
July 28.
Whitehall.
328. Council of Trade and Plantations to Governor Hunter.
Acknowledge letters of 19th, 7th Nov., and 24th Dec., 1730,
23rd Jan., llth Feb. and 2nd and 21st April last. Continues :
We are very glad to find you have set so good an example to
the Spaniards in the care you have taken of their persons mony
and effects on board the Spanish man of war stranded on Pedro
shoals ; we hope they will thereby be induced to shew equal
justice and humanity, should any of our ships suffer the like
calamity on or near their coast. As to the affair of the rebellious
negroes, of which almost all your letters make mention, we are
surpriz'd to find that the parties sent out against them should
have miscarried, and that expeditions of that consequence
should have been entrusted to the conduct of unexperienced
commanders, because every defeat of those sent out against
the negroes, must naturally give their encouragement by
teaching them to feel their own strength ; and the arresting
the commander of the other party upon a trivial debt, and
thereby putting a stop to the expedition, seems to be an
infatuation in the people, if there is realy so much danger to
be apprehended from the runaway negroes, as you have repre-
sented to us. Upon this occasion we can't help mentioning
to you, the former custom used in Jamaica of employing the
Musketoe Indians in the pursuit of your rebellious negroes,
and we are at a loss to know why they have not lately been
employed upon the like occasion, unless it be for the reason of
which we have lately been informed, that the people of Jamaica
sent them away dissatisfyed the last time they were in their
service. We find by former books in our Office, that the
Musketoe Indians, upon the death of their King's always
presented their new chosen one, to the Governor of Jamaica,
for his approbation, as a mark of their dependance on the
Crown of Great Britain, but if our information is true, and the
Musketoes are realy discontented, it may be a means of loseing
their friendship. We therefore desire you will give us a distinct
account of this matter. We have constantly from time to
time, laid before His Majesty, such accounts as you have sent
to us of the state of your island with respect to the negroes in
rebellion, which was the occasion of sending the two regimts.
now with you ; We hope that so long as they shall be found
necessary to continue at Jamaica, the Assembly will provide
204
COLONIAL PAPERS.
1731.
July 28.
Whitehall.
July 28.
Whitehall.
[328]
for them, and give them all reasonable accomodation. But we
are sorry to find by some late accounts from your parts, that
both officers and soldiers are in general in a bad state of health.
We have lately laid before H.M. a state of Jamaica with respect
to the runaway negroes and to the utility of the two regiments
there, and so soon as we shall know H.M. pleasure concerning
the same, you may expect to hear again from us upon this head.
However we must observe, that by the Assemblie's having made
provision for the said regiments but for six months, it would
seem they did not think the stay of these regiments of any
consequence to the island. We find by your letter of the 21st
of April last that your new Assembly was to meet the 4th of
May following, and we hope they will shew a better disposition,
and will more readily concur in measures for the advantage of
the island than their predecessors. We have not yet had time
throughly to form any judgment upon the last acts you
have sent us, but we apprehend some of them will be liable
to objections : the merchants of London, Bristol and Liverpool
have already petitioned agst. that for laying a duty on negroes,
and we can't help observing that you did very wrong to give
your consent to any act for laying an imposition of 100Z. a head
on each convict imported for as it must in consequence take
away the effect of the law of this Kingdom for the transportation
of felons ; it was directly against your instructions. We are
likewise surpriz'd at your having pass'd the act for repealing
the Protestant act, which has been confirmed by H.M., and
that at your request : you have not omitted any solicitation
in behalf of it, by your agent and freinds ; you have represented
it to us as an act wherein the wellfare of Jamaica was highly
concern' d, and upon this account we were induced to propose
its confirmation, and one of the next laws you give your consent
to, is to repeal it. If the Protestant act is of so much conse-
quence to the wellfare of Jamaica, we can by no means give
our consent to the annulling of it. [C.O. 138, 17. pp. 330-
335.]
329. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, act of Antigua, 1731, to enable Robert Oliver
to make good the title of certain lands by him sold to the Hon.
Edward Byam, Li. Govr. etc. [C.O. 153, 15. p. 110.]
330. Same to fame. Encloses draft of a bond, for
observation of Acts of Trade and Navigation, in the form
transmitted to the Treasury in March, 1727, for Benedict
Leonard Calvert, to be now entered into for Samuel Ogle,
nominated Lt. -Governor of Maryland, and enquires whether
any alteration is necessary on account of any Act of Parliament
since 1726. [C.O. 5, 1294. p. 33.]
AMERICA AND WEST INDIES. 205
1731.
July 28. 331 . Capt. Osborn to [? Mr. Popple]. Has little to add
Squirrel, but what would appear a repetition of his former accounts etc.
a s ' Continues : No sooner was I arrived this year at St. Johns
but I received a petition from the Justices of the Peace of that
district, setting forth the many obstructions they still meet
with in their office ; and since, finding this to be the general
complaint of all those magistrates in this Island, in several
parts of which they are in a manner rendered useless, I have
taken the liberty to transmit their Lordps. a coppie of the same,
together with the order I issued on that occasion etc. Continues :
I presume it will appear to their Lordps., that the Fishing
Admirals influenced by the rest of the masters of the fishing
ships, are the opposers of all the steps that have been taking,
and tho' I have only reproved them for it, yet I can't help saying
they upon all occasions behave themselves very disrespectfully,
and in our absence treat H.M. authority and power with great
contempt, and some of them do not scruple to say, that it is
their interest to oppose any form of Goverment whatever
(here) that is not established by Parliament, and the reason
is, by the Fishery act they believe the administration of all
affairs is in them, and that they have thereby an unlimitted
power to do whatever they please, and make use of it to serve
any fraudulent purpose in their private way of trade, a great
many of which they could not so well do, as while the power
is in their hands. These are the arguments they make use of,
and the real motives of their dissentions, and the most material
affair I have to recommend to their Lordps.' consideration.
The consiquence of these disorders I conseve is now grown so
notorious that offenders escape with impunety, and of what
consiquence it may be of to the trade, at a time when it is
manifest those offenders must increase, I can't say, since it is
now become a practice of the masters of ships, to bring over here
transported fellons instead of Irish servants ; an unhappy
instance of the villains that are here already happened laitly at
Muskitta, in Conseption Bay, where a wouman and four children
(being all in the house who could speak) were in a most barbarous
manner murdered in one night, and the committers of the fact
not yet found out. I have occasioned one man to be taken up
on suspition, but it's so slender, that if stronger does not appear
against him he must be released. I have since with the humblest
submission to H.M. pleasure resined the government to Capt.
Clinton, and given him as good an insite as possible I can, into
the nature of affairs etc. Has done his utmost etc. Signed,
Hen. Osborn. Endorsed, Reed. 8th Sept., 1731, Read 9th
March, 173|. 4 pp. Enclosed,
331. i. Justices of St. Johns to Governor Osborn. 10th
June, 1731. Have endeavoured to preserve peace
in the island, and " lived very quiet and orderly till
the arrival of the Fishing Admirals and other masters
206 COLONIAL PAPERS.
1731. [331. i]
of ships in the several harbours " etc. Continue :
They since their arrival have very much contemned,
abused, and slighted our authority and that authority
from which we received it, and extend the powers
given them by the Act of Parliament etc., and proceed
therein in a very arbitrary manner, in somuch that
they have even presumed to create Constables and
also issue warrants to those appointed by us in our
Quarter Sessions to the createing great confusion in
those officers etc. Whereas they never attempted
anything like this before this Commission was estab-
lished, we humbly conceave there power is limitted
to the hearing and determining the rights and
properties of fishing rooms and such matters and
things as relate to the Fishery. We therefore humbly
desire to represent to your Excellency the affront and
dishonour done to H.M. by disputing the validity of
his Commission, the stop and interruption put to the
administration of publick Justice, and the contempt
and scorn shown both to us and our authority etc.
Pray for a full explanation of the Act of Parliament
etc. Cannot any longer sustain their office, unless a
public sanction be given to their proceedings, and a
stop put to the illegal practices of the Admirals etc.
Signed, Wm. Weston, A. Southmayd. Endorsed as
preceding. Copy. 2| pp.
331. ii. Proclamation by Governor Osborn. St. Johns.
12th June, 1731. Whereas it has been represented
to me, that some troublesome, ill-designing people,
who through private and corrupt views have
endeavour 'd to disturbe the minds of H.M. orderly
and well-disposed subjects etc., very much tending to
the subversion of all good order and Government etc.,
by throwing scandalous and seditious reflections upon
H.M. authority and power, and particularly touching
those commissions granted by Him for the better
government of Newfoundland, under false interpriting
the power granted to Admirals by the Act of Parlia-
ment etc. ; and have been very industrious to deminish
the power and authority of H.M. Justices etc., these
are therefore strictly to require all and singular H.M.
subjects etc. to behave themselves with all due respect
and obedience to the Civil Government and the
majestrates thereof etc., as they would to those of the
same power and authority in Great Brittain ; and to
be aiding and assisting to them in keeping the peace
etc., as you will answer the contrary at your peril etc.
Concludes : And furthermore I do will and require
all H.M. Justices of the Peace, strictly to execute the
AMERICA AND WEST INDIES.
207
1731. [331. ii]
July 29.
Salisbury
at
St. Johns.
July 29.
Salisbury,
St. Johns.
laws on such who shall show any contempt to their
authority or power ; or in any wise transgress against
the laws of England etc. Signed, Hen. Osborn. Same
endorsement Copy. 3 pp. [C.O. 194, 9. ff. 131-
332. Governor Clinton to the Duke of Newcastle. This
is the first opportunity I have had since my arrival, which was
the 30th of June, of acquainting your Grace of it ; and of my
giving publick notice in the several ports of my Government,
such a part of the order, as your Grace was pleased to send me,
as concerns H.M. subjects, whose ships or effects shall be
pyratically taken. I shall sail for Placentia to-morrow, if the
wind permits, to see the condition of that place, and as I find
it shall make an exact report of it to your Grace, and beg the
honour of your Grace's favour, and protection, in governing
this sett of people, which will be a very difficult task by what
Capt. Osborn tells me, and I find by some few complaints I have
already received of the Admirals' obstructing the Justices in
the civil power ; but shall take particular care of making up
all differences, as far as I am capable, and to be as little trouble-
some as possible to your Grace. Signed, Geo. Clinton.
Endorsed, Reed., R. 9th Sept. 2 pp. [C.O. 194, 24. No.
2Q,]
333. Governor Clinton to [? Mr. Popple]. Announces his
arrival on 30th June. Continues : Nothing material has
happened since. The most cruel and barbarous murder that
has been committed at Muskitta, I leave to Capt. Osborn to
give an account of etc., but have made all the enquiry since,
I have been capable of, to no purpose etc. I design sailing for
Placentia to-morrow etc., and in my way back to call in at
Capling Bay, to decide what disputes may happen at Ferryland
(if it's possible). For by what Capt. Osborn has been so good to
acquaint me with, and let me into, I think it will be a very
difficult task, by the obstructions the Justices and the civil
power meet with from the Admirals, by their taking upon them
much more privilege than the Act directs etc. Refers to enclosure.
Continues : That Joel Davies was a vain silly fellow, and had
no ship, which with humble submission to their Lordps. made
it worse, but he is since dead. I shall just give a small account
of the Fishery as it stands at present, being not very skillful
of their affairs as yet etc. We have great quantities of Bank
fish this year, even greater than has been known for these three
years last past, but the boat fishing is very bad, everybody
complaining, and I am afraid will break several young beginers,
there being several new flakes and stages built ; what there
is I beleive will turn out very good etc., by the fair weather there
has been this month to make it in. The price is not broke yet,
208
1731.
COLONIAL PAPERS.
July 29.
London.
July 31.
Councill
Office,
Whitehall.
Aug. 1.
Grendon.
[333]
but it's guess'd about 28 reals the quintal etc. Signed, Geo.
Clinton. Endorsed, Reed. 8th Sept., 1731, Read 9th March,
173|. Ij pp. Enclosed,
333. i. Warrant by following, " deputed by Capt. Samuel
Thurman, Chief Admiral, and Capt. John Field, Vice
Admiral, to see justice done in their absence " etc.,
to John Goss for the arrest of John Johns, who has
not paid his passage from Bristol and has privily for-
saken his master's service etc. Dated, at the Admiralty
Office in Muskitto, 31st May, 1731. Signed, Joel
Davis, Depty. Admiral, R. Brown, Rear Adll.
Endorsed, Reed, with Commadore Clinton's letter of
29th July, 8th Sept., 1731, Read 9th March, 173|.
. I P-
333. ii. Order by Governor Clinton. St. John's. 12th July,
1731. Whereas I find by preceding warrant, you have
assumed an authority of impowering people to see
justice (as you call it) done in your absence ; I can
impute it to nothing but your ignorance etc., of what
power the Act does give you, and to the pride of that
Joel Davis, who I suppose, (by the character I have
had of him) has put you upon this peice of folly. I
have kept it to shew the Lords Commissioners of Trade,
the insolence of your behaviour. These are therefore
strictly ordering you to recall all such power as you
have presum'd to give etc. Signed, Geo. Clinton.
Endorsed as preceding. Copy, f p. [C.O. 194, 9.
ff. 126, 126fl., 127U.-129U.]
334. J. Belcher, jr., to the Duke of Newcastle. Petitions
that the vote of the Massachusetts Assembly of June 8, 1731,
may receive H.M. approbation, on the grounds urged by
Governor Belcher etc. Signed, Jona. Belcher junr. 3 pp.
[C.O. 5, 898. No. 91.]
335. Mr. Sharpe to the Duke of Newcastle. This waits
on your Grace, pursuant to your directions, to remind your
Grace, that the Acts passed by the Assembly of Massachusetts
Bay, for settling a salary on Governor Belcher, are to be con-
sidered at the Committee of Councill, appointed to meet at the
Cockpit on Wednesday next the fourth of August, at eleven
o'clock in the morning. Signed, Will. Sharpe. 1 p. [C.O.
5,36. /. 16.]
336. Governor Chetwynd to Mr. Wheelock. Reply to 28th
July. " As I am three days journey from town, and in the
midst of settling my affairs for my going " etc., proposes to
attend the Board on 17th. Signed, Walt. Chetwynd. Endorsed,
Reed. 4th, Read 5th Aug., 1731. Seal. Postmark. Addressed,
Holograph. 1 p. [C.O. 28, 22. ff. 65, 66t;.]
AMERICA AND WEST INDIES. 209
1731.
Aug. 2. 337. Lt. Governor Gordon to the Council of Trade and
Phiiia- Plantations. In obedience to their directions of 8th Sept.,
leiphia. delivered to him by Mr. Browne 29th April, encloses his answer
to that gentleman's complaint against him, which will leave
them no room to believe that he has furnished just cause for
such an accusation. Continues : I have punctually obey'd
your Lordships' directions in giving copies to Mr. Browne of
all the proofs adduced on my part, and lest it might be thought
that my presence at the examination should have any influence
to the prejudice of Mr. Browne etc., I declined being present
etc. Continues : Mr. Browne, who now resides in the neigh-
bouring Government of Jersey, and follows the practice of an
Attorney there, applyed to me lately to have the oaths to his
present Majesty tendred to him that he might thereby be enabled
to act by virtue of a Commission from his late Majesty to him
as Judge of the Admiralty which he has never yet gott renewed
etc. Encloses his reply, lest Mr. Browne should misrepresent
him. Signed, P. Gordon. Endorsed, Reed. 28th Sept., 1731,
Read 3rd May, 1732. 1| pp. Enclosed,
337. i. Lt. Governor Gordon to Mr. Browne. Philadia.
17th July, 1731. In reply to following, does not
think that he ought to countenance his acting as
Judge of the Admiralty, he having neglected to qualify
himself by taking the oaths to his present Majesty,
as did all other officers in the Government upon the
demise of the late King, and although he had an
opportunity of renewing his Commission in England,
having returned without credentials. Besides the
enquiries by Mr. Secretary Burchet, 25th March,
1729, as to the Vice-Admiralty Court there, whilst
Mr. Browne was in England, seem to indicate that
the Lords Commrs. did not intend to direct a
new Commission to him etc. Does not see how he
can pretend to hold a Court, the Register declining
to act under him, for reasons best known to himself,
and no Marshal or Advocate having been appointed
from home. But as he has a complaint against the
Lt. Governor depending against him, he will await
its determination before interesting himself in his
officiating as Judge of the Vice Admiralty Court etc.
Signed, P. Gordon. Copy. 2 pp.
337. ii. T. Browne to Lt. Governor Gordon. Philadelphia,
15th July, 1731. " Mr. Charles as your honour's
Secretary denying me to be at present Judge of the
Admiralty, by stiling me in several papers late Judge,"
informs him that he has obtained his commission from
Mr. Miranda and requests to be tendered the oaths
to his present Majesty etc. By H.M. Proclamation
all commissions of his late Majesty are kept in force
Wt. 441 C.P. XXXIIIV 14
210
COLONIAL PAPERS.
1731. [337. ii]
Aug. 2.
Hampton
Court.
Aug. 2.
New
Providence.
till superseded. Was unwilling to be at the expense
of renewing his, till his complaints of the hardships
he has so long laboured under were removed, being
determined to give it up, if they are not remedied upon
the hearing of their case. Requests dispatch, as there
are applications being made to the Court of Vice-
Admiralty. Signed, Browne. Copy. I p. Enclosed,
Originals sent to the Committee of Council with Repre-
sentation of 5th May, 1732. [C.O. 5, 1268. ff. 75-
78,
338. Minutes of [Committee of] Privy Council. The report
of the Board of Trade, relating to the two Regiments at Jamaica
was read ; the Lords being humbly of opinion that this con-
sideration, with relation to the sending away those Regiments
from thence, depends, in a great measure, upon the strength
and force of the Independant Companies remaining there, and
the probability of success of the methods proposed by the Board
of Trade for settling such of the soldiers as shall be willing to
remain in the Island, their Lordps. would humbly propose that
this matter should be referred to the Board of Trade to explain
in what manner that may be done and what particular
encouragement should be given to the soldiers to settle there.
The Lords observing by Mr. Keen's letters that the Govrs. of
St. Domingo and Porto Rico were removed and sent for home
to answer to complaints, and that the strictest orders were
sending to the Spanish Governors in the West Indies to
prevent depredations, their Lordps. humbly conceive that
it is unnecessary to send any new directions to R.
Admiral Stewart upon that head. The report of the
Advocate, the Attorney and the Solicitor General upon Mr.
Bonham's petition, was read ; their Lops, think that a particular
letter should be wrote to Mr. Keene upon it, and upon the
petition of Story King ; and that Mr. Bonham should be told,
that it being not clear by above reports that he is intitled to
reprizals, and the situation of affairs at the Court of Spain
being now altered very much in our favour, H.M. would order
one further demand of satisfaction to be made of that Court.
Minutes concerning Portugal. 3 pp. [C.O. 5, 36. ff. 18-19 ;
and 20-21 ; and (original draft) 22-23.]
339. Governor Rogers to the Council of Trade and
Plantations. Encloses trial and appeal of Mr. Colebrooke
(v. 10th June), and refers to his agent for answer to any
complaints by him, till he is apprized what particular grievances
are laid before the Board etc. Continues : As there are several
proposals proper to be made to your Lordships for the service
of these islands, in order to confirm the precarious titles of
land to the possessors, and to encourage planters to settle here,
AMERICA AND WEST INDIES. 211
1731. [339]
and to procure proper laws to be made for the advantage of the
Colony, I shall represent the same to your honourable Board
with a particular account of the present state and condition
of these islands, by a person who will be instructed to attend
on you, and to give your Lordships an answer to your queries
etc. Continues : I can yet procure no assistance from the
inhabitants towards the fortifications, tho' I have, without
any help from them, built a good barrack for the garrison in
the fort, and have made upwards of twenty new carriages for
guns of this country timber, and shall continue to do all I
can towards the fortifications as soon as the heat of the summer
is over that I can put the garrison to work again without
endangering their healths. And as soon as possible will try
what I can do in a new Assembly tho' I fear little publick good
is to be expected from them if Mr. Colebrooke and his
accomplices here can have any influence to prevent the people's
working, they being too poor to contribute anything worth
collecting in money. I beg your Lordships' protection against
whatever is pretended to my disadvantage here till I can reply,
and fully inform your Lordships of my real state and the
circumstances of this poor colony, being to the utmost of my
power devoted to H.M. service etc. Signed, Woodes Rogers.
Endorsed, Reed. 26th Nov., 1731. If pp. [C.O. 23, 3. ff. 87,
87v., 93v. ; and (abstract) 88.]
Aug. 3. 340. Mr. Fane to the Council of Trade and Plantations.
Report upon 4 acts of Jamaica, (i) There is a clause in the
act for raising money laying a duty of 100/. a head upon all
convicts imported into Jamaica except such slaves as are
ordered transportation by two Justices of Peace and three
Freeholders for misdemeanours. The intention of which clause
seems to be to take away the force of a law passed here in the
fourth year of the late King which extended to all the Plantations
for the further preventing robbery, burglary and other felonys
and for the more effectual transportation of felons. For the
duty laid by this act upon the importer is so excessive that it
will amount to a totall prohibition of importing any felon into
Jamaica which the Judges and Justices here are impowered by
the said act to direct etc. An attempt of this kind was made in
Virginia in 1722 by an act amending an act concerning servants
and slaves etc., which act etc. was repealed. This act is lyable
to the same objections and therefore I must submit etc., whether
it is fit to be passed, 1st as it is making ineffectual a law passed
here of great importance, to the property of the subjects of this
Kingdom, secondly as it is destructive of the duty and regard
which this island ought to shew to her Mother-Country etc.
There is also by this law a very high duty laid upon the
importation and exportation of negroes ; a practice in other
Colonies much discountenanced by your Lordships, as it is
212
1731.
Aug. 3.
Aug. 3.
Hampton
Court.
Aug. 3.
Hampton
Court.
COLONIAL PAPERS.
[340]
passed in breach of the Governour's Instructions and highly
detrimental to the Trade and Navigation of this Kingdom etc.
Has no objection to the other three laws, for raising several sums
etc. ; for raising a tax by the poll etc. and the Deficiency Act.
Signed, Fran. Fane. Endorsed, Reed. 3rd, Read llth Aug.,
1731. 2 pp. [C.O. 137, 19. ff. 94, 94u., 970.]
341. Mr. Fane to the Council of Trade and Plantations.
Approves of draft of bond for Governor Ogle etc. Signed, Fran.
Fane. Endorsed, Reed. 3rd, Read llth Aug., 1731. f p.
Memd. The draft mentioned was ye same with that
transmitted to Mr. Scrope 2nd March, 172~ for Mr. Calvert.
[C.O. 5, 1268. ff. 15, 160.]
342. Duke of Newcastle to the Council of Trade and
Plantations. Encloses following petition for their opinion
thereupon. Signed, Holies Newcastle. Endorsed, Reed., Read
10th Aug. 1731. 1-| pp. Enclosed,
342. i. Petition of Sir Wm. Keith, Bart., and others to the
King. Whereas yor. Majesties Dominions on the
North Continent of America, have not yet been settled
to the westward of the great ridge of mountains
behind Virginia, whereby those vacant lands are daily
liable to be occupied by forreigners under the gift or
title of some other State. And whereas yor. Majesties
humble petitioners, by their credit with the Indian
Nations of America, that are in freindship with the
English, and their correspondence with many
substantial industrious people of the protestant
Cantons in Switzerland, and other parts of Germany,
are capable, with proper encouragement, to bring
over some thousands of families to settle on lands
behind the said Virginia mountains ; and to submit
themselves to an English Government, under the
dominion of yor. Majesty etc. Pray for a grant, under
a proper form of government, of a tract of land to the
westward of the said mountains, not inhabited at
present by any human creature (and wch. is described
in a small map of that country hereunto annex'd)
to be called the Province of Georgia etc. Signed, W.
Keith, Thomas Gould, John Ochs, Jacob Stanber,
Ezekiel Harlan. Endorsed as preceding. 1 p. [C.O.
5, 1322. ff. 166, 166u., 167-168U.]
343. Duke of Newcastle to the Council of Trade and
Plantations. I have laid before the King your Lordships'
report concerning the use or necessity of continuing at Jamaica
the two Regiments etc. It is H.M. pleasure that you should
explain more particularly your opinion, in what manner the
AMERICA AND WEST INDIES.
213
1731.
Aug. 3.
Whitehall.
Aug. 4.
Whitehall.
[Aug. 5.]
Mercht.
Taylors Hall,
Munday
morn.
Aug. 7.
Whitehall.
[343]
several matters proposed may best be put in execution, and
what sort of encouragement would be proper to be offered to
the soldiers to settle there, and how it should be given them.
Signed, Holies Newcastle. Endorsed, Reed. 5th, Read 10th
Augt., 1731. 1 p. [C.O. 137, 19. ff. 77, 81i>.]
344. Mr. Wheelock to Mr. Delafaye. Acquaints him that,
on the request of Mr. Sharpe attending on his behalf as Agent
of Jamaica, in regard of his receiving too short notice for offering
his reasons in support of the Act laying duties on negroes etc.,
the Board has appointed " to-morrow sevnight the llth inst.
at eleven o'clock for hearing petitioners " etc. [C.O. 138, 17.
pp. 335, 336.]
345. Order of Committee of Privy Council. Referring
to the Council of Trade and Plantations for their report " on
Wednesday next, at eleven o'clock in the forenoon." If they
think H.M. may grant the petitioner's request, they are to
prepare a draught of an Instruction to Govr. Belcher etc.
Signed, Ja. Vernon. Endorsed, Reed., Read 5th Aug., 1731.
1 p. Enclosed,
345. i. Memorial of Jonathan Belcher, jr., on behalf of
Governor Belcher, to the Lords Committee of the
Privy Council. Prays that Governor Belcher may
have leave to assent to a bill passed by the Council
and Assembly of the Massachusetts Bay for paying
him his salary to May, 1732 etc. Signed, Jonathan
Belcher, jr. Copy. 2 pp.
345. ii. Duplicate of June 12 encl. i. Act. [C.O. 5, 873.
ff. 64, 65-66, 69u.]
346. George North to Mr. Popple. In reply to his letter,
states that the planters who signed the petition (27th July)
and many of the merchants, are out of town. Will attend the
Board himself, if the Court of the Merchant Taylors Compa.
rises by 12 etc. Signed, Geo. North. Endorsed, Reed., Read
5th Aug., 1731. Addressed. \ p.. [C.O. 28, 22. ff. 67, 68v.]
347. Mr. Wheelock to Mr. Chetwynd. I had the honr. of
your letter of the 1st instant which came to me the 4th ;
and has been laid before my Lords Commissrs., but the 5th
having been appointed for hearing the merchants and others
concerned in the petition against the continuance of the
Instruction I mentioned to you, their Lordsps. were in
expectation that some of the merchants would have then
attended, till Mr. North, Solicitor for the Petrs. acquainted the
Board, that several of those Gentlemen were at that time out
of town and others indisposed. W T hereupon Wednesday the 25th
of this month has been further agreed on for hearing what may
be offered concerning this affair. [C.O. 29, 15. p. 230.]
214 COLONIAL PAPERS.
1731.
[Aug. 10.] 348. Major Ayscough, a Member of Council of Jamaica,
to [? the Council of Trade and Plantations]. If H.M. should
be inclinable to break the two Regiments in Jamaica, it will
be proper to send instructions to the Governour to settle the
men before such reductions on the land which the rebellious
negroes were lately possessed of, being 12 miles from Port
Antonio, allowing to every family such a number of acres as
shall be thought necessary for their subsistance. There are
great quantities of provisions now growing in their plantations
enough to supply the whole soldiery, till they can provide for
themselves, there are likewise fish, fowl and wild hog in plenty.
It must likewise be recommended to the Councill and Assembly
to find them necessaries to encourage them to settle amongst
them etc. Proposes that their wives and families should be
sent over at the expense of the Government. Endorsed, Reed.,
Read 10th Augt., 1731. 1 p. [C.O. 137, 19. ff. 78, 80u.]
[Aug. 10.] 349. Paper showing the disposition of the several companies
in Jamaica. Endorsed, Reed, (from Major Ayscough), Read
10th Aug., 1731. | p. [C.O. 137, 19. ff. 79,
Aug. 10. 350. Council of Trade and Plantations to Committee of
Whitehall. Privy Council. In pursuance of order of Aug. 4th, have
considered petition of Mr. Belcher jr. Continue : Altho'
we cannot reflect without concern, upon the obstinacy with
wch. ye General Assembly persist in their refusal to settle a
fix'd salary upon their Governor for the time being : yet
considering that the present Governor must necessarily have
been at large expence out of his private fortune since his entrance
upon that employmt. : as he has hitherto paid an exact
obedience to H.M. commands, by refusing to accept of any
salary contrary to the tenour of his Instructions, and as his
family must unavoidably be very great sufferers should be
left to support ye dignity of his station out of his private fortune ;
we are therefore humbly of opinion, that for this time only,
H.M. may be graciously pleased to permit Governor Belcher
to give his assent to ye aforesaid bill, as a particular grace and
favour to ye said Governor, and his family, and in consideration
of his faithful adherence to H.M. commands, provided never-
theless that this condesention on the part of the Crown, shall
not in anywise be drawn into president for the future, nor be
in any degree construed to enervate the validity of H.M. former
Instructions upon this head, which Mr. Belcher should at ye
same time be commanded to inforce, by requiring ye Genl.
Assembly to settle his salary for ye future, in such manner as
may be most conformable to H.M. royal pleasure. Should yor.
Lordships concur with us in this opinion, we conceive that H.M.
permission to pass the aforesaid bill may be signify'd to Governor
Belcher by ye annexed Instruction, which we have drawn up
AMERICA AND WEST INDIES. 215
1731. [350]
pursuant to yor. Lordships' order, and in conformity to the
sentiments we have conceive[d] upon this matter. Annexed,
350. i. Draft of H.M. Additional Instruction to Governor
Belcher. (Approved I2th Aug., 1731). Having
strictly adhered to the tenour of his Instructions in
refusing to accept any sum from the Assembly upon
terms contrary thereto, he is empowered to assent
to the bill of 8th June, for granting 5,400/./or the support
of H.M. Governor, " provided nevertheless, and it We
do hereby expressly declare, that it is not Our
intention thereby to enervate, or in any wise to
invalidate or take from the force of Our 27th
Instruction for fixing a settled salary upon Our
Governors, etc., and you are hereby required to
recommend the same again to the said Assembly in
the strongest terms, as the only manner that can be
acceptable to us." [C.O. 5, 916. pp. 426-431.]
Aug. 11. 351 . Council of Trade and Plantations to the Duke of New-
Whitehaii. castle. Enclose following to be laid before the King. Annexed,
351. i. Same to the King. In obedience to H.M. commands
of 3rd inst., represent that, Altho' nothing be more
evident to us than the necessity and good policy of
preserving the force of the said regiments to the
island of Jamaica by such a reduction as we had the
honour to propose etc. (v. 15th July), yet it would be
extreamly difficult for us who are at so great a distance
to enter minutely into the detail of all that may be
requisite for the due execution of our proposal, which
must necessarily depend upon various circumstances,
only to be known with certainty by those who reside
at Jamaica, and are personally acquainted with that
country. We beg leave however to represent in
general to your Majesty, after having discoursed with
some gentlemen well acquainted with the scituation
and circumstances of Jamaica, that for many years
past there hath not been so good an opportunity as
this of encreasing the number of white people in
Jamaica nor may such another present itself for
some time to come. All the encouragements which
either your Majesty's Royal Predecessors or the
Legislature of Jamaica have at any time proposed
for peopling that island, which from its great extent
is capable of supporting a multitude of inhabitants,
being 150 miles in length and about 60 in breadth,
have hitherto been frustrated by the apprehensions
entertained of the rebellious negroes, because no way
could be found to make such a settlement as should
in its infancy be powerful enough to resist their
216 COLONIAL PAPERS.
1731. [351. i]
attempts. It is highly probable therefore, that
should your Majesty resolve to disband these regiments,
the Council and Assembly of Jamaica will heartily
concur in everything that may tend to confirm and
improve so great a benefit to their country, by
furnishing the soldiers with such utensils and
necessaries as may be proper for their establishments :
and this may be relied upon with the greater certainty,
because the charge arising to the people of Jamaica
by fitting out parties to reduce the rebellious negroes
is no less at present than 6000Z. per ann., and the
additional subsistence which they contribute towards
the support of the two regiments amounts at least to
10,000/. etc., all which would be saved for the future
by making a right use of this opportunity to encrease
the number of their white inhabitants at a moderate
expence, by which means they may in time become
superior either to their foreign or domestick enemies,
and the charge of transporting the soldiers back to
Europe will be saved to your Majesty. The only
caution that seems requisite in the conduct of this
matter is, that the Governor of Jamaica should be
instructed not to disband the soldiers, before the
Council and Assembly have provided for their estab-
lishment, and shall have actually settled them to
their satisfaction : and as it appears by accounts we
have received from Jamaica, that in the last expe-
dition against the rebellious negroes, they were
dispossessed of a considerable tract of land of near
a mile square, well planted with provisions situated
in a country that abounds with wild hogs, fish and
fowl ; this would seem to us to be the properest place
for the reception of the soldiers, as well on account
of the plenty of provisions so necessary for the support
of new-comers, as because a strong settlement in that
part of the country would in a short time become a
frontier of great security to the rest of the neighbour-
hood, be a great encouragement to other people to
settle near them, and very much straiten the negroes
in their present fastnesses, could not fail to incline
them to embrace with greater readiness such proposals
as may be made for their removal, if it should be
found either impracticable or dangerous to attempt
to reduce them to your Majesty's obedience in Jamaica,
by force, in which case we would most humbly offer
agreeable to what we have had the honour already
to propose to your Majesty, that the Govr. should be
instructed to enter into a treaty with them for their
being transported to some one of your Majesty's
AMERICA AND WEST INDIES. 217
1731. [351. i]
uninhabited islands in America. Upon the whole if
your Majesty should be pleased to reduce the sd.
regiments at Jamaica, after filling up the two
Independant Companies there, we humbly conceive
that your royal orders should be issued to the
Governor for putting the same in execution in
such manner as shall be most agreeable to the
sentiments of the Council and Assembly there for
the security of the said island and for obtaining the
ends which your Majesty proposes thereby, it being
always understood as aforesaid that the Governor
should not disband the soldiers before the Council
and Assembly have made an adequate provision for
their settlement. And if your Majesty upon
disbanding the said regiments or either of them would
be graciously pleased to allow the soldiers to keep
their arms, it would be a great advantage to the island
who we fear have not at present arms enough in their
magazines to furnish them. Lastly, as we have been
informed that many of the soldiers in these regiments
have left their wives and families behind them, we
would humbly propose that some of your Majesty's
ships of war should be order'd to transport them to
Jamaica, either from Gibraltar or elsewhere, by whose
means the propos'd settlement will be rendred
compleat, and this important island, which from its
critical situation in the midst of foreign settlements
is of the highest consequence to the trade and welfare
of Great Britain, will probably from being very thinly
peopled come in time to be well inhabited, which is a
point highly essential to the security of your Majesty's
Dominions in America, where the French and Spanish
settlements daily encrease, as well for preserving the
commerce of this Kingdom. [C.0. 138, 17. pp. 336-
343.]
[1731]. 352. Account of the establishment for the two Independent
Companies at Jamaica, with a proposal to raise two more
companies and to send Lord Rothes's Regiment from Gibraltar
to Jamaica. Without date or signature. \\ pp. [C.O. 137, 47.
ff. 86, 861;.]
Aug. 11. 353. Mr. Attorney and Mr. Solicitor General to the Council
of Trade and Plantations. Report upon the right to a tract
of land between the Rivers Kennebeck and St. Croix and the
petitions of Sir Bibye Lake and others and Samuel Waldo and
others etc. State case. Have heard Agents and Council on
behalf of the parties and H.M. Treasury. Report :
[Whereupon] it appears to us, that all the said tract of lands
218 COLONIAL PAPERS.
1731. [353]
is granted by the Charter to the inhabitants of the
[Massachusetts Bay], and that thereby power is given to the
Governor and General Assembly to make grants of lands within
the said limits, subject to a provisoe that no such grants should
be of any force until H.M. etc. should have signified his approval
etc. It appears also by the said Charter that the rights of
Governmt. granted to the said Province extend over this tract
of land. It doth not appear to us that the inhabitants of the
said Province have been guilty of any such neglect or refusal
to defend this part of the country as can create a forfeiture of
that subordinate right of Government of the same, or of such
property in the soil as was granted to them by the said Charter ;
it being sworn by several of the affidavits that a fort was erected
there and for some time defended at the charge of the Province,
and that magistrates and Courts of Justice have been appointed
within this district, and that one of the Council of the Province
hath always been chosen for this division ; and tho' it is certain
that this part of the Province hath not been improved equally
with other parts thereof, yet considering the vast extent of
countrey granted by this Charter, and the great improvements
made in several parts of it, we conceive that will not create
a forfeiture, because in such cases it is not to be expected that
the whole should be cultivated and improved to the same
advantage, and whether there hath been such a neglect or
non-user of any part as may amount to a forfeiture must be
judged of, not upon the particular circumstances attending that
part only, but upon the circumstances of the whole. And if
the Province had incurred any forfeiture in the present case,
no advantage could be taken thereof but by a legal proceeding
by scire facias to repeal their Charter, or by inquisition finding
such forfeiture. As to the question stated in the case upon
the effect of the conquest of this tract of countrey by the French,
and the re-conquest thereof by General Nicholson, we conceive
that the said tract not having been yielded by the Crown of
England to France by any treaty, the conquest thereof by the
French created according to the law of Nations only a
suspension of the property of the former owners and not an
extinguishment of it, and that upon the re-conquest by General
Nicholson all the ancient rights both of the province and of
private persons, subjects of the Crown of Great Britain, did
revive and were restored jure post liminii. This rule holds the
more strongly in the present case in regard it appears by the
affidavits that the Province joined their forces to those which
came thither under General Nicholson in this service. For
these reasons we are of opinion that the said Charter still remains
in force, and that the Crown hath not power to appoint a
particular Governour over this part of the Province, or to
assign lands to persons desirous to settle there ; nor can the
Province grant these lands to private proprietors, without the
AMERICA AND WEST INDIES. 219
1731. [353]
approbation of the Crown according to the Charter. As to the
case of the petitioners, who insist upon particular titles in
themselves to certain parcels of land lying within the district
in question, etc., we find by the deeds etc. produced by them,
that several of the petitioners and those under whom they claim
have had conveyances made to them of several of the said
parcels of land, some from the Council of Plimouth, which was
constituted by Charter in the reign of James the first and
whose grants are confirmed by the Charter of King William
and Queen Mary, and others from Indians pretending to be
owners thereof, under which grants large sums of money appear
by the affidavits to have been laid out in endeavouring to settle
and improve the lands therein comprized, several of which
sums were expended not many years agoe particularly a sum
of 20001. by Sir Bibye Lake in 1714, and other sums by others
of the petitioners in 1719 and 1720. And tho' these settlements
and improvements have been in great measure interrupted
and defeated by frequent wars and incursions of the Indians,
yet several of the petitioners or their tenants appear to
be still in possession of some parts of the said tract of
land. Some objections were made before as to the nature
of the grants and conveyances under which the petitioners
claimed, and to the manner of deducing down their titles ;
But we conceive that in questions of this kind concerning
rights to lands in the West Indies, and upon enquiries
of this nature, the same regularity and exactness is not
to be expected as in private suits concerning titles to
lands in England, but that in these cases the principal
regard ought to be had to the possession, and the expences the
partys have been at in endeavouring to settle and cultivate
such lands. Therefore upon the whole matter, we are of opinion
that the petitioners, their tenants or agents ought not to be
disturbed in their possession or interrupted in carrying on their
settlements in the lands granted to them within the district
in question. Signed, P. Yorke, C. Talbot. Endorsed, Reed.
14th Aug., Read 1st Sept., 1731. 23 pp. Enclosed,
353. i. Case of claim of the Massachusetts Bay to the tract
of land referred to in preceding. 2f pp.
353. ii. Petition of Sr. Bibye Lake to the King, relating to the
right to land near R. Kennebeck, where Col. Dunbar
has lately made a settlement. Endorsed, Reed. 13th
May, 1731. Copy. 10% pp.
353. iii. Petition of Samuel Waldoe etc. to the King, relating
to the right to land near R. Penobscot, where Col.
Dunbar has recently made a settlement. 13 j pp.
353. iv. Deposition of Jeremiah Dunbar, 7th Jan., 1730
(1731). In January last he travelled, as Depty.
Surveyor of H.M. Woods, a great many miles between
R. St. Croix and R. Kennebeck, and did not see one
220 COLONIAL PAPERS.
1731. [353. iv]
house or anything done towards improving and
setling the said country, except what was built and
done by the several familyes which went over thither
with Col. Dunbar in Oct. 1729 etc. Signed, Jer.
Dunbar. f p.
353. v. Deposition of Jeremiah Dunbar, 26th Jan., 1730
(1731). In Jan. last deponent received following
paper from Col. Dunbar, and believes that unless the
lands between St. Croix and Kennebeck rivers are
speedily allotted to them, they will leave etc. Signed,
Jer. Dunbar. f p.
353. vi. Petition of setlers on E. side of Kennebeck R. to Col.
Dunbar, " Commander and Settler of H.M. Provance
of Georgia." Pray him to grant them a township
E. of Kennebeck R., to be laid out this fall, that they
may make clearings and be ready to plant and build
houses in the spring etc. 44 signatures. 1 pp.
353. vii. Deposition of Thomas Coram. Jan. 7th 173'i.
Narrates history of the fort at Pemaquid etc. and the
taking and retaking of that tract of land v. C.S.P.
supra. 3 pp. Signed, Thomas Coram. 3 pp.
353. viii. Deposition of Sir Bibye Lake. 4th Feb., 173r-
Succeeding with Josiah Walcott and Col. Hutchinson
to the lands (described) purchased of the Indians, E. of
Kennebeck river by Major Thomas Clark and Capt.
Thomas Lake, they, in 1714, sent over John Watts to
settle 100 families there. Deponent advanced 2000/.
to Watts for that purpose, who died after building
several houses and settling upwards of 20 families
there. Mr. Penhallow, marrying his widow, looked
over the said settlements in the best manner he could
till the Indians destroyed them in 1720, except a
house or fortification made by Mr. Watts, being re-
pulsed after many attempts to destroy it. This house,
together with some others defended by it, is now
standing. 11% pp.
353. ix. Deposition of James Alford, late of Boston but now
of London, merchant, Ebenezer Wentworth of Ports-
mouth, N.H., now in London, and William Wentworth,
ditto, shipwright. The French never made any settle-
ment or improvements on the land between Kennebeck
river and Nova Scotia. Alford, who was born in
Boston and lived there for 30 years till 1728, says
there was constantly chosen every year one Councillor
for Sagadahock etc. It was owing to the constant
wars with the Indians that the Eastern parts of
Massachusetts Bay are not settled, etc. Signed, James
Alford, Eben. Wentworth, William Wentworth. 1|
pp.
AMERICA AND WEST INDIES. 221
1731.
353. x. Deposition of John Blower, Capt. of one of H.M.
Independent Companies at Plymouth, James Erskine,
Lt. in Col. Phillips' regiment, and James Alvord
(v. No. ix). 13th Jan., 173f. Four regiments raised in
New England, but principally by the Massachusetts
Bay, took part in the expedition against Port Royal in
1710 etc. Signed, John Blower, James Erskine, James
Alford. 1 p.
353. xi. Deposition of Joshua Winslow, of Boston merchant,
now residing in London, 21st July, 1731. Deponent
accompanied Governor Shute, 1718, into the eastern
parts of N.E., to ratify a peace with the Indians at
Arrowsick I. He saw there about 40 very good houses,
inhabited by English families, one of which was a
very strong fortified and walled brick house planted
with cannon, in which were placed soldiers commanded
by a Captain in the pay of the Province. He under-
stood that all the said families held the same under
some grant from Sir Bibye Lake and Col. Edwd.
Hutchinson and Joshua Winslow. 2| pp.
353. xii. Deposition of Samuel Penhallow, late of N.H.,
merchant, and now residing in London. 22nd July,
1731. Confirms Nos. viii and xi. In 1718 deponent
visited his brother, Capt. John Penhallow at the town
of Augusta, als. Smallpoint, who was Justice of Peace
and commanded the fort of the said town, and went
with him about 7 miles by land to the river Kennebeck
which they crossed to Arrowsick Island, where they
went to a well fortified brick house then in the
possession of Eliza Watts, widow, and did also view the
town (called George Town) there, consisting of about 40
very good dwelling houses some of which were
garrisoned. Capt. John Penhallow has since married
the Widow Watts and commanded the said fortified
brick house, wherein were placed a number of soldiers
under the pay of the Massachusetts Bay. Deponent
saw some cattle there belonging to the inhabitants,
who held under a grant from Sir B. Lake etc. Signed,
Samuel Penhallow. 3| pp.
353. xiii. Deposition of William Clarke of Boston, Gentleman,
now residing in London. 20th July, 1731. Deponent
accompanied Lt. Gov. Dummer in 1726 into the Eastern
part of N.E., when he went to ratify a peace with the
Indians etc. At Arrowsick I. he saw about 20 very
good dwelling houses, inhabited by English families)
etc. Corroborates preceding. He saw the ruins of a
great number of houses in George Town, destroyed by
the Indians in the last war. Deponent also visited a
place called Richmond, N. of Arrowsick I., on the
222
1731.
Aug. 12.
Hampton
Court.
Aug. 12.
Hampton
Court.
Aug. 12.
Charles
Town.
COLONIAL PAPERS.
[353. xiii]
River Kennebeck, where he saw a large fort or garrison
house fortified with 10 cannon and a number of English
or New England soldiers commanded by Capt. Joseph
Heath in the pay of the Massachusetts Bay. Signed,
William Clarke. 3| pp.
353. xiv. Deposition of Ebenezer and William Wentworth
(v. No. ix). 26th Jan., 173?). The warrs with the
Indians were continuous and bloody, but in the
intervals attempts at settlement were made by the
inhabitants of the Massachusetts Bay etc. William,
brother of Ebenezer, lived with Elihu Guninson, a noted
shipwright, at a late town called Sheepsgutt near
Pemaquid about 40 years since etc. Signed, Ebenezer
Wentworth, William Wentworth. If pp. [C.O. 5,
873. ff. 84-96, 97, 98, 100-112i;., 118u., 114, 115,
116, 117-118, 119, 121-128, 129-130, 131-135U.,
354. Order of King in Council. Approving draught of Instruc-
tion to Governor Belcher to pass the Act for granting 5,4001. for
the support of H.M. Governor etc. Signed, Ja. Vernon. Endorsed,
Reed. 8th, Read 21st Sept., 1731. 1 p. [C.O. 5, 873. ff. 137,
I38v.]
355. Order of King in Council. Referring to the Council
of Trade and Plantations for their report thereon 18 acts passed
in the Massachusetts Bay, Feb.-April, 1731, and delivered to
the Clerk of the Council in waiting. Signed, Ja. Vernon.
Endorsed, Reed. 24th, Read 26th Aug., 1731. f p. Enclosed,
355. i. List of following Acts, under the public Seal. Boston,
14th May, 1731. Signed, J. Belcher, J. Willard, senr.
2 pp.
355. ii. Acts referred to supra. Printed. 2 pp. [C.O. 5,
873. ff. 70, 71, 710., 78-820., 881;.]
356. Governor Johnson to the Duke of Newcastle.
Encloses answer relating to the executorship of one Albert
Muller as required by Lord Townshend, 9th Dec. 1729. Con-
tinues : It gives me great pleasure I have been able to obey
your Grace's commands in procuring from the General Assembly
Mr. Fury's being appointed Agent for this Province, with a
sallary of 1001. a year. I am sorry I was not able to procure
for him more than the last Agent had etc. Will send publick
transactions at conclusion of Sessions. Signed, Robt. Johnson.
Endorsed, R. Oct. 15th. 1 p. Enclosed,
356. i. Andrew Allen to Governor Johnson. 29th May,
1731. An account of the administration of the estate
of Albert Muller, who under a patent of naturalisation
in 1727 purchased a house in Charlestown etc. 1 p.
[C.O. 5, 388. ff. 36. (Nos. 10, 11.)]
AMERICA AND WEST INDIES.
223
1731.
Aug. 12.
Hampton
Court.
Aug. 12.
Hampton
Court.
Aug. 12.
Hampton
Court.
Aug. 12.
Hampton
Court.
Aug. 12.
Hampton
Court.
Aug. 12.
Philadelphia.
357. Order of King in Council. Ordering establishment
of office fees for the Board of Trade, (v. 19th May), the Secretary
and Clerks to receive no other gratuities. Set out, A.P.C. III.
No. 236. Signed, Ja. Vernon. Endorsed, Reed. 24th, Read
26th Aug., 1731. If pp. Enclosed,
357. i. Schedule of fees for Board of Trade, v. A.P.C. III.
M>. 236. 1 p. [C.O. 388, 80. Nos. 9, 9 i.]
358. Order of King in Council. Governor Rogers is to
deliver up the bond entered into by Governor Phenney etc. to
be cancelled etc. (v. A.P.C. III. p. 318). Signed, Ja. Vernon.
Endorsed, Reed. 8th, Read 21st Sept., 1731. 4| pp. [C.O. 23,
2. ff. 253-255, 256t;.]
359. Order of King in Council. Approving reports of
Committee and Board of Trade and empowering the Governor
of New York to make a grant of " the Swamp " to Anthony
Rutgers etc. v. A.P.C. III. No. 227. Signed, Jas. Vernon.
Endorsed, Reed. 8th, Read 21st Sept., 1731. If pp. [C.O. 5,
1055. ff. 196, 196u., 197u.]
360. Order of King in Council. Approving reports of
Committee and Board of Trade, and repealing Act of New York
to prevent the taking or levying on specialty s more than the principal
interest and cost of suit etc. Signed and endorsed as preceding.
1| pp. [C.O. 5, 1055, 198, l9Sv., IQQv.]
361 . Order of King in Council. Approving report of
Council of Trade and Plantations and repealing act of Pennsyl-
vania for the establishing of Courts of Judicature etc. Signed,
Ja. Vernon. Endorsed, Reed. 8th, Read 21st Sept., 1731.
If pp. [C.O. 5, 1268. ff. 19, IQv., 25u.]
362. Mr. Browne to Mr. Popple. Major Gordon and I have
within these few days finished the examinations of witnesses
etc. He refuses to give me an answer to my charge, and says
these depositions are a sufficient one. However I am preparing
some remarks etc. which I doubt not will fully evince the greater
part of the depositions of his side to be entirely foreign to the
purpose ; and that by the cross examinations on my part they
will also appear to be false in every materiall article. Major
Gordon took up three months to do what I presume I refuted
in two days, and I cannot apprehend what he means by the
load of papers you will receive from him, unless to prevent their
being read etc. I wait for the opinion of Councill on a clandestine
proceeding in Chancery against me, of wch. I was acquitted
without knowing it, and could not obtain a copy thereof till
within these few days. Prays that the arrival of his remarks
may be awaited etc. Signed, J. Browne. Endorsed, Reed.
12th Nov., 1731, Read 3rd May, 1732. Holograph. 2 pp.
[C.O. 5, 1268. ff. 82, 82v., 8Qv.]
224
COLONIAL PAPERS.
1731.
Aug. 12.
Hampton
Court.
Aug. 12.
Hampton
Court.
Aug. 12.
Hampton
Court.
Aug. 12.
Hampton
Court.
363. Order of King in Council. Approving representation
on Act of Virginia for amending the staple of tobacco and ordering
it to lye probationary, the Lords of the Committee being reported
that " the subject matter of this act is of very great consequence,
as it relates to so principal! a branch of the Plantation trade,
as that of tobacco, in which great numbers of your Majesty's
subjects are concerned, and as it is not certain whether it may
tend to the encreasing or lessening of your Majesty's revenue
upon that commodity " etc. Signed, Ja. Vernon. Endorsed,
Reed. 8th, Read 21st Sept., 1731. If pp. [C.O. 5, 1322. ff.
179,
364. Order of King in Council. Approving representation
on Act of Virginia for continuing a part of an act for laying a
duty on liquors etc., and repealing it accordingly. Signed and
endorsed as preceding. 2 pp. [C.O. 5, 1322. ff. 181, 181t>.,
1820.]
365. Order of King in Council. Approving report of the
Committee for Plantation Affairs (23rd July), and disallowing
the Act of Antigua of 1728 to supply the defects of the Act for
constituting a Court of Chancery in the absence of the Commander
in Chief from the island etc. The Committee reported that
they had been attended by Counsel on the petition of the
traders to Antigua, and examined some of the inhabitants as
to the necessity of such an act, but agreed that there had not
been laid before them sufficient reasons for differing in opinion
from the Board of Trade. They recommended, for the reasons
advanced by the Board, that an Instruction be given to Governor
Cosby to recommend to the Assembly the passing an act to
repeal so much of the Act of 1715 as restrains the power of the
Crown herein, and another Instruction for redressing the
inconveniencys complained of as soon as the Assembly shall
have past the act of repeal. Instructions were ordered
accordingly. Set out, A.P.C. III. pp. 322-325. Signed, Ja.
Vernon. Endorsed, Reed. 24th, Read 26th Aug., 1731. [C.O.
152, 19. ff. 69-70U., 72v.]
366. Order of King in Council. Repealing above act of
Antigua (1728). Signed, Ja. Vernon. Endorsed, Reed. 8th,
Read 21st Sept., 1731. 2 pp. [C.O. 152, 19. ff. 72, 72v.,
Aug. 12.
Hampton
Court.
367. Order of King in Council. Referring following to the
Council of Trade and Plantations to examine and report their
opinion thereupon. Signed, Ja. Vernon. Endorsed, Reed.
21st, Read 24th Aug., 1731. l pp. Enclosed,
367. i. Petition of several merchants of the City of London,
in behalf of themselves and others trading H.M.
AMERICA AND WEST INDIES. 225
1731. [367. i]
Colonys and Plantations in America, to the King.
They have great sums due to them from the
inhabitants, and as the laws now stand in some of the
Colonys and Plantations, H.M. subjects residing in
Great Britain are left without any remedy for the
recovery of their just debts, or have such remedy only
as is very partiall and precarious, whereby they are
like to be considerable sufferers in their property and
are greatly discouraged in their trade to America.
In severall of the said Colonys and Plantations greater
and higher dutys and impositions are laid on the ships
and goods belonging to your petitioners and other
persons residing in this Kingdom than are laid on
the goods and ships of persons inhabiting the said
Colonys etc., to the great discouragement of the Navi-
gation of Great Britain etc. Pray for relief. Signed,
Rd. Harris, Micajah Perry, Hum. Morrice, and 29
others. Copy. If pp. [C.O. 323, 9. ff. 68-69i\,
7lv.]
Aug. 13. 368. Governor Johnson to Mr. Popple. Sr. I have received
Charles your favour of the 8th of April last and entertain the advice
you give me, as I am very well persuaded you mean it as my
friend and for my service, and shall in due time recommend to
the Assembly what their Lordships of Trade have commanded
me, in relation to the summons instead of a capias ; tho I
cannot give great hopes they will be prevailed on to alter the
law from the present practice of a capias to a summons ; which
is indeed (tho so called) no other than a capias, only with this
difference, that it brings the defendt. into Court tho not
personally served, but by leaving at his habitation, which
was attended by many abuses ; many people having had
judgments obtain'd against them, without knowing they ever
had been summoned ; and consequently in no capacity of
making their defence, for oportunitys were taken when people
were abroad (perhaps at the Charekie mountains) to thrust a
summons under a person's door, and the Marshal swearing he
left the summons at the party's dwelling house, was sufficient
to proceed against the defendt. ex party ; and so judgmt. went
against him for what was charged in the writ, which was always
double the debt, and many times actions only of mallice to
prejudice anothers credit. The first process in the Courts here
were from the first settlement until the year 1713, by a capias
only, as in England, when a law was made to proceed by a
summons, being limited to two years, it then returnd to the
old way of a capias, and so continued until 1720, when the
summons law was again revived, but the aforementioned incon-
veniencies being found in it, it was again repealed in 1726 and
so continues. What their Lordps. mean by the first process
Wt. 441 C.P. XXXIIIV 15
226 COLONIAL PAPERS.
1731. [368]
in England being supposed to be a summons is (I suppose) no
other than a demand of the debt ; but here the summons was
a copy of the capias or writ, which being left at the house of
the defendt. was to have the same effect as the writ personally
served ; which I am afraid the people here will never again
consent to. The Assembly of both Houses have now passd
a law for regulating the Jurys, in which was proposd to be a
clause obliging the plaintiff to try his suit against the defendt.
at the Precinct Court where the defendt. lived ; which was the
law and with great difficulty has been thrown out of the bill ;
and the action is now triable where the plaintif pleases ; which
has very much lessend the authority of the precinct Courts,
to the great satisfaction of the merchants, and trading people
here, and will be of great ease and advantage to the Marshall,
in the execution of his office, with which I hope they will be
satisfyed at present, and they may be assured I shall impartially
espouse their interest when it is founded on justice and publick
credit. The sessions is now almost at an end at the conclusion
of which I shall do myself the honour of acquainting their
Lordships with what has been transacted, which I hope will be
to their satisfaction. I shall on all occasions shew a due regard
to any of your friends, and endeavour to convince you that I
am, Sr., Your most humble servant, signed, Robt. Johnson.
Endorsed, Reed. 16th Oct., Read 16th Nov., 1731. 2 pp.
[C.O. 5, 362 ; and (abstract) 5, 406. fo. 28, ff. 38, 38i;.,
[Aug. 15]. 369. R. Mountague to Mr. Delafaye. On behalf of
Governor Rogers. Communicates proceedings against Mr.
Colebrooke etc. (v. 10th June), and in case any complaints are
made, proposes to acquaint him with details of his offences,
etc. Signed, R. Mountague. Endorsed, Aug. 15, 1731.
Addressed. 1| pp. [C.O. 23, 14. ff. 195, 195*;., 196u.]
Aug. 16. 370. Minutes of Privy Council. The further report of the
Hampton Board of Trade, Aug. 11, concerning the two regiments at
Jamaica was read, and extracts of letters to Col. Cope from
the late Lt. Col. Townshend and Lt. Col. Cornwallis with a
message, inclosed, from the Assembly to the Council of Jamaica.
Their Lordships are humbly of opinion, that it may be for
H.M. service, that the two regiments be sent for home ; but
that in order to provide for the security of the island, Lt. Col.
Cornwallis, the Commanding Officer in either of the two
Regiments, be directed to review the two Independant Com-
panies there, and see that they be compleated by draughts, to
be made in proportion, out of both the Regiments that are to
come home, and as an encouragement to the soldiers that
shall be thus turned over, a bounty of Wl. a man be given them ;
That the Governor be directed, to induce the Assembly to give
AMERICA AND WEST INDIES.
227
1731.
Aug. 16.
Whitehall.
Aug. 17.
Hampton
Court.
Aug. 18.
Portsmouth,
New
Hampshire.
[370]
all fitting encouragement for engageing the private men in
the said two Regiments to settle, with their families, in the
island, and that a proper discharge be given to such of them
as shall be willing to settle there ; But that the soldiers should
have their option, whether they will settle as inhabitants, or
go into the Independant Companies ; and that for the
Governor's direction, in the execution of these orders, copys
be sent him of ye several reports of the Board of Trade on this
head. 1| pp. [C.O. 5, 36. ff. 24, 24i>.]
371 . Mr. Wheelock to Mr. Scrope. Encloses draft of bond
for Lt. Governor Ogle (v. 28th July), for which Lord Baltimore
has proposed George Ogle, of Dublin, and John Broughton of
Westminster as sureties. Annexed,
371. i. Form of bond referred to in preceding. [C.O. 5,
1294. pp. 34-42.]
372. Duke of Newcastle to Governor Belcher. Mr. William
Shirley a very sensible man, and a friend and neighbour of mine
in Sussex, who was bred to the law, in which he is very well
skilled, going to New England to settle and to follow his
profession there, I trouble you with this letter by him, to
recommend him to your protection, and to desire that you will
give him all the countenance and assistance that may lye in
your power, which I shall acknowledge as a particular obliga-
tion ; and it would be an additional favour, if you could
suggest anything by which I might further contribute to his
encouragement. Signed, Holies Newcastle. [C.O. 324, 36.
p. 307.]
373. Lt. Governor Dunbar to Mr. Delafaye. Refers to
letter of 15th July. Would write oftener to the Duke, but
fears to be troublesome etc. " People, tho' seemingly Saints
in New England, have little regard to truth when straining of
it will serve their interest, and my imploymt. is so obnoxious
to them, haveing never before been under any restraint, that
they would stick at nothing to get me removed. I defye them
all to assigne any true cause for it, and I hope his Grace will
not regard their mallice ; Here is a glareing fresh instance of it
as well as their disobeying H.M. Comn. to me as Lieut.
Govr. I scarce expect it to be believed, I need not comment
upon it ; My brother will wait upon you and shew you some
other authentick papers to explain it etc., to be laid before His
Grace," etc. Signed, David Dunbar. Endorsed, R. Oct. 6.
Holograph. \\ pp. Enclosed,
373. i. Lt. Governor Dunbar to Governor Belcher. Ports-
mouth, N.H., Aug. 16, 1731. He did not intend to
answer his letter of 2nd inst., as it was impossible
to do so, and keep within the bounds of the respect
he would pay to his Commission, but he then little
228 COLONIAL PAPERS.
1731. [373. i]
imagined what had come at the same time, though it
has been the town talk ever since. He was very angry
with the Gentleman who told him he had sent such
orders to Capt. Walton etc. (v. encl. ii, iii), because he
thought it an idle, ridiculous story, but upon being
told that there might be something in it, he hired a
boat and went to the town of Newcastle etc. Continues :
I went to a publick house, and sent for the Captain
of the Fort etc. Upon his telling me your Excellency's
orders, I desired to see them, which he refused, until
I said I had a right to see you, and should not regard
them until I did ; the Captain thereupon sent for
them, and left me, to go to the fort, the gate whereof
he shut, and put his garrison, consisting of two men,
under arms, I waited some time for his return and for
the man he had sent for your Excellency's letter, and
neither coming, I walked towards the fort, in the same
dress and posture I always walk in, with my sword
in my belt and my cane in my hand. I went alone
to the gate and knocked with my cane etc. The
Captain said I should not enter except I would go as
a private man etc. I insisted upon going in as Lieut-
Governour, and commanded him to read H.M.
Commission to me, which he positively refused, saying
he would obey H.E.'s orders etc. All this was in the
hearing of the [three] gentlemen [who had accompanied
him], and 40 or 50 fishermen, and others belonging to
the towne. The Captain then ordered your
Excellency's orders to be read aloud etc. I desired
an attested copy, which favour was granted etc. The
Captain then opened the gate and invited me to walk
in as a private gentleman etc. Although contrary
to H.M. Commission, such was his submission to H.E.'s
commands that he did not enter, " tho a thousand
men might drive sheep into the fort at any place but
the gate," and though he believes it was his duty to
have put the company of militia of the town of
Newcastle under arms and arrested the Captain for
rebellion, but his chief motive being to preserve peace,
he hopes a favourable construction will be placed at
home upon his not doing so. Continues : After this
I do not take it that I can stay here with safety, I am
sure I cannot with honour, for all your friends and
some in the Commission of the Peace say, that since
this order to Collo. Walton, my commission is super-
seded or suspended, for, as by it, he is to receive no
orders from any but your Excellency, of consequence
others are not ; that fort etc. was always part of the
perquisites of my predecessors, and the Province
AMERICA AND WEST INDIES. 22!)
1731. [373. i]
built an apartment in it where several of them have
lodged when they tho't fit, and tho' H.M. Commission
gives me all rights, privileges, profits, perquisites and
advantages to the same belonging, I never made any
pretention to this, purely to avoid disputes, but I
now acquaint your Excellency that I think it my
due, as well as 200/. per annum this currency of the
600/. salary setled by the Province, out of which my
predecessor always reced. so much from yours, as was
intended by the General Court, who setled it. I had
no tho't of ever mentioning this to you, but that this
most extraordinary step of yours puts me upon it.
And to convince you that no body is infallible, I send
you a copy of your dedimus etc., whereby you gave a
power to administer oaths which are abrogated by
Act of Parliament. Your Excellency has likewise
found fault with me for not administering oaths upon
Commissions which you yourself have allowed to be
so deficient as to make out new ones, etc. Will make
no complaint home, if he is given reasonable satis-
faction etc. Signed, David Dunbar. Copy. 3 pp.
373. ii. Governor Belcher to Collo. Walton, Capt. of the
Fort [? William and Mary]. Boston. Aug. 2, 1731. I
observe you have' (with Collo. Sherburne) administered
the oaths to Capt. Wybird, which is well, and that
the Lt. Governor had made a pretence to suspend the
Secretary, which I now write him is out of his power,
and I order the Secretary to go on chearfully in his
office, notwithstanding that insignificant paper he
signed, as I do you again to abide by the commission
I gave you for Fort Mary, and not to suffer the least
insult on your commission from any person whatsoever,
nor to let any one come into the fort but those that
come in a curteous civil manner, I mean that the
Lieutenant Governor nor any others should come by
way of command or in derogation to the orders I have
given you etc. The Lieut. Governour writes me he
shall order you to attend continually at the fort. I
would have you always remember you are to receive
no orders but from me, and mine are to do in your
command of the fort as the late Lieut. Governour did,
for you shall be present or absent from your command,
as I shall judge proper. Signed, J. Belcher. Copy.
Overleaf,
373. iii. Certificate that Col. Walton showed above to Col.
Dunbar. Newcastle, Aug. 14, 1731. Signed, Benning
Wentworth, Theodore Atkinson. The whole, 1| pp.
[C.O. 5, 10. ff. 88, 881;. 89i>.-91 (without end. ii, iii) ;
and (end. ii., iii., only) 5, 898. No. 93.]
230 COLONIAL PAPERS.
1731.
Aug. 18. 374. Lt. Governor Dunbar to Mr. Popple. Refers to
Portsmouth, papers sent by Capt. Bax (v. llth July) and copies by way of
Hampshire. Cork and some new ones to his brother to be laid before the
Board. Continues : I take that method because ye sight of
so many at once might frighten you. Repeats part of preceding
covering letter and encloses copies of Nos. i, ii preceding.
Continues : I am very apprehensive I shall be blamed for
submitting to the orders etc. I shall be impatient to have an
answer to this etc. Requests him to assist his brother in putting
these papers into a method to be laid before the Board. Among
them is the case and dispute between the Governor and Theodore
Atkinson who has acted two years as Collector. The Com-
mission of the Peace has not yet been amended. Six townships
are still without Magistrates. Encloses a dedimus from the
Governor to administer oaths wch. are contrary to law and his
Instructions. " All these mistakes are (I believe) chiefly oweing
to a little pert Attorney here, who is now Secretary of the
Province, a Judge and Justice of the Peace, and H.E.'s chief
Counsellour, it is to this gentleman that the divisions and
confusions in this small province are owing " etc. Repeats
complaint against Act, due to his persuasion and pique to this
town, for removing the Courts from Portsmouth to three
country towns. People are obliged to travel 100 miles in
Maine to York, the Coilnty town, which is within 7 miles of
Portsmouth. Hopes the act will be disallowed. " He was
forced to promise to emit mony, I mean bills of credit here,
to get their consent to pass that act, and he then told them he
could not signe the mony bills without orders." There are
daily complaints about the boundary lines. He hopes- H.M.
will explain the Charter etc. Continues : " Here is a report
that Mr. Secretary Waldron and his emissarys are getting a
number of names to a petition in some private manner by way
of contradiction to the representation I was desired to send
to you, and that was very publique, and 500 names could have
been got, but I sayd there was no occasion. It is a melancholly
circumstance to be at such a distance from home as to be under
a necessity of lying long under distress and difficulty s " etc.
Prays him to dispatch answers etc. Signed, David Dunbar.
Endorsed, Reed. 28th Sept., Read 13th Oct., 1731. Holograph.
4 pp. [C.O. 5, 873. ff. 154-155i;., 156u.]
375. Address of the Upper and Lower Houses of Assembly
of Maryland to Benedict Leonard Calvert, Lt. Governor of
Maryland. Annapolis, 19th Aug. 1731. Reply to queries
as to the trade and produce of the Province transmitted by
the Council of Trade and Plantations. Continue : For want
of an opportunity to examine the books of the Officers of the
Customs, we cannot be so particular as we wish to be etc.
Continue: There are very few trading vessels belonging to
AMERICA AND WEST INDIES. 231
1731. [375]
the inhabitants, several of the twelve counties having not one
etc. We could not learn any more than one small vessel has
gone from this province (belonging to the inhabitants thereof)
to any of the foreign Sugar Plantations ; a few vessels have
gone to Madera, and others of the Portuguese islands, one, two
or three in a year, and for several years none. This Province
has very little trade with any part of Europe beside Great
Britain, and that confin'd to a few voyages by three or four
small vessels in several years past to Lisbon, which carried
grain and lumber thither. All the commodities ever exported
to, or imported from any of the foreign Plantations, belonging
to the French and Dutch, by the inhabitants of this Province,
that we could learn, has only been the lading of the small vessels
already mention'd, which carried lumber and provisions, and
brought back mellosses ; save that sometimes when vessels
have been disappointed of their lading in H.M. Colonies, they
have taken in some salt in the said foreign Plantations. The
trade to Madera and other Portuguese islands has been more
considerable : sometimes one small vessel and sometimes two
or three, but never more that we could learn (belonging to this
province) have gone thither in a year ; which vessels have
carried wheat, Indian corn and other provisions, and staves,
and brought back Madera and other wines of the produce of
those islands and salt. As to vessels belonging to other parts of
H.M. Dominions, whose ladings are purchased in this province,
we cannot give any account of them. The climate here is
moderate, the soil productive of all sorts of grain, and many
sorts of fruit, and has great quantities of valuable timber ; and
in many places good pasturage ; and the rivers and bay full
of great variety of fish, especially herrings : But the inhabitants,
ever since the first settlement of this country, have applied
themselves principally to the making tobaco, which is our only
staple, neglecting manufactures and tillage, when tobaco has
been valuable ; the produce of that commodity alone being
then sufficient to supply the people with cloathing, and other
necessaries, in great plenty, from Great Britain, with an overplus
in mony, which has always been lodged there ; not only as the
securest, but the most advantageous repository, whence the
people cou'd be supplied with every thing for their own use or
for traffick ; hence it has happen'd that the people have receiv'd
very little advantage from a moderate climate, and a fertile
and fruitful soil, besides provisions, and the produce of their
tobaco, which for several years past has been really so very low
that it would not supply the inhabitants with one half of the
necessaries of life ; and the expectation of an amendment has
occasion'd their continuing in the old beaten tract so long,
that they are now reduc'd to an incapacity to carry on any
considerable trade or manufactures. It is true, that extreme
want and necessity have driven some of the poorer sort of people
232
COLONIAL PAPERS.
Aug. 19.
Mercht.
Taylors Hall.
1781.
in several parts to make some small quantities of coarse linens
and woollens for their own particular use, without which they
must have gone naked and been starved ; of these manufactures
we are confident there are none exported ; and that very few
(if any) make enough of them to supply their own necessities ;
As to the value of other commodities of the growth and
production of the country, annually exported besides tobaco,
we cannot make any estimate. Those concern'd in the
exportation, and who reap the advantages arising from it, being
such as come from other parts to purchase what the people
can spare, which their necessities oblige them to part with at
very cheap rates. Thus, may it please your Excellency, we have
given a full state of the circumstances of the country concerning
its trade, as we could : and we can assure you that we have
not represented it's condition worse than it really is. Signed
by all the Members of both Houses. A true coppy of the
Journalls of the Upper House transmitted to me. Signed,
Baltimore. Endorsed, Reed, (from Ld. Baltimore) Read 1st
Feb., 173|. 5| pp. [C.O. 5, 1268. ff. 70u.-73u.]
376. Mr. North to Mr. Popple. Several of the petitioners
(t>. 5th Aug.) intend to wait on the Board on Wednesday next
& ^ eleven according to the appointmt. when I last attended etc.
Signed, Geo. North. Subscribed, Memorandum of verbal
acceptance. Endorsed, Reed. 19th Augt., 1731. 1 p. [C.O.
28, 22. ff. 73, 74, 740.]
Aug. 20. 377. Lt. Governor Dunbar to Mr. Popple. Has received
Portsmouth, reply from Governor Belcher (v. Aug. 18), justifying his order
for shutting him out of the Fort etc. Continues : This order
of the 18th of July is grounded upon falsity s reported to him
by a poor old creature formerly one of this country Collonels,
and now made Capt. of the Fort, to whom I solemnly declare
that I sayd no more than, that the command of the Fort, and
any little perquisits attending it, allways belonged to the
Leiut. Governours, and I had a right by my Comn. to
everything enjoyd. by them, he replyed he had H.E.'s Com-
missn. to be Capt of it, and hoped, as he was very antient I
would not deprive him of the small perquisits he had by it, my
answer was, that if it was my right as Lieut. Governour I would
either have it, or he should own the obligation to me, that it
was not worth disputeing, and that if I could not have it without
a comission from Governour Belcher, I would not have it at
all, for I would take no commission from him etc. Mr. Walton
has, it seems, made something more of it etc. You see his
Excellency thanks him for a list of the restless and uneasy, I
wish my Lords would ask Coll. Shute, Mr. Walton's character,
it is such that nobody here would hang a cat upon his evidence,
and for this reason some former Govrs., particularly Shute had
AMERICA AND WEST INDIES. 233
1731. [377]
his name put far back in the list of the Council, yt. he might
have no chance of ever commanding the Province ; Many
people from Boston and the late Governour Dummer have
sent me their opinion, which also aggrees with the gentlemen
of best note here, that by the last clause in the chief Governour's
Commission, he has no power but when he is actually present
in the Province ; agt. that paragraph he has left the 36th
article of his instructions upon the Secretary's files etc. Fears
he will be blamed for giving in to him, but could not avoid it
without violence. As he has occasion in other places, will go
hence till he receives further orders. If Mr. Belcher is judged
in the right, begs to be excused serving under him. " I am not
the onely man by a great many he uses ill ; he never darst
offer the least affront to man until now that he lords it over all,
for he has formerly been chastized by cane, whip and foot,
without resenting it, wch. makes it the more griveous to be ill
used by such a man etc., by his carriage and style he seems to
think himself King. He does not permit the Lieut. Governour
of ye Massachusetts, tho' one of his own recommendation, to
sitt in Council with him, so that he is quite a stranger to
all the busyness of the Province etc. I suppose when he comes
here, he will tell me I have no busyness in Council whilst he sitts
there, but I will not submit to that etc. I have for some time
expected a Comn. for a new Judge of Vice -Admiralty at
Boston. I am sure there is a necessity for it etc. I have some
time since seized a parcel of masts in Piscatua river at this
towne, and intended to try them here but as they were cutt
on the other side of the river in the province of Maine, they
must be tryed in the Massachusets Govt., upon which I sent
to the Advocate Genii, for an opinion and to get a deputation
for George Jeffrey Esq. who has long acted and is now Deputy
Judge of Vice- Admiralty, to hold a Court on the other side
this river etc. Mr. Belcher upon hearing this has prevaild upon
the old Judge of Admiralty at Boston, to give a deputation to
one Gambling etc. ; this is done on purpose to oppose H.M.
interest, Mr. Gambling haveing allways as an Attorny appeared
on the other side, and now there will be new cases, and Doctor
Cook, Govr. Belcher's chief favourite, will be the first, who
haveing in open defyance to authority cutt mast trees far up
in Saco River near Casco, I have seized them in boards, as I
have done several quantitys in this province etc. I will try
what a Court will judge in this case, but now think I have
very little chance. Encloses the Governor's orders to me
relateing to a Collector, and least I should not give lett passes
as he directs, he has sent some blank passes signed by himself,
and as he has given orders to the Captain of the Fort to receive
no orders from me, I intend they make use of their own papers.
I have already mentioned a clandestine petition etc., and I am
desired to send vou extracts of former letters to the Province
234 COLONIAL PAPERS.
1731. [377]
Agents, signed by the promoters of this petition as a Comittee
appointed by the Genii. Court for yt. purpose, to shew you that
it is no new chimera, as is now alledged. I am very sensible
I must be thought too troublesome to my Lords Commissioners
etc. If my Lords will be pleased to part Mr. Belcher and me
it will save much of it. I send you one of the clearances of his
new Collector, and an impression of a seal which will make any
vessel lyable to a seizure, as all Custome Houses in H.M.
Dominions know each others seal, this I have told the new
Collector, and that he is not quallifyed by law to act as you'l
see in your pacqt. by the oaths wch. have been administerd to
him, but we live under a Governour that will salve all mistakes
with a volo and jubeo" etc. Signed, David Dunbar. Endorsed,
Reed. 28th Sept., Read 13th Oct., 1731. Holograph. Ad-
dressed. 6f pp. Enclosed,
377. i. Warrant by Governor Belcher impowering Shadrach
Walton and Henry Sherburne to administer the oaths
of allegiance and supremacy, the abjuration oath and
the office oaths to any person hereafter commissionated
etc. 3rd Aug., 1731. Signed, J. Belcher. Same
endorsement. Copy, certified by, Richd. Waldron,
Secretary, f p.
377. ii. Copy of Governor Belcher's 38th Instruction. Same
endorsement. 1 p.
377. iii. Lt. Governor Dunbar to Governor Belcher, 16th
Aug. Copy of Aug. 18 encl. i. Same endorsement.
3pp.
377. iv. Governor Belcher to Capt. Walton. Boston, July
18, 1731. I have yours before me of 16 currant and
am apt to think the strange appearances you mention
will soon vanish into smoke, and the people will come
to themselves, and believe who have designs to hurt
and ruin them, and who are their friends. I thank
you for a list of the restless and uneasy. If some
people might enjoy all the places of profit and honour
in the Province, as they have for many years past,
they wou'd be well content. But I think it time and
very reasonable some other families shou'd share in
the advantages of the Government. I particularly
observe these words in your letter " As for the fort
your Excellency has been pleased to favour me with
the Leiut. Govr. says he shall never accept your
Commission for it, for that he says he looks upon with
contempt, but swears nobody shall command there
but a commission from himself." Since the Leiut.
Govr. does not know his duty or is not willing to
practice it my order is that you abide by the Com-
mission, I have given you, and not suffer him, nor
any other person to come into the fort, or have any-
AMERICA AND WEST INDIES. 235
1731. [377. iv]
thing to do with it, but by such orders, as you receive
from me from time to time. As to the complaint sent
home against me in the ship that sail'd from your
river the 15th currt., I shall laugh at all they can
say, if they don't lye. The common complaint has
been that New Hampshire is not able to support a
Government in the present circumstances, how can
they then pretend to be an independant Government.
For 30 odd years that Province has been under the
same Governor with the Massachusetts, how comes
it then, all on a sudden to be necessary to have a new
regulation ? Because some men out of office want
to be in etc. Signed, J. B. Same endorsement. Copy,
certified by J. Belcher. If pp.
377. v. Duplicate of Aug. 18. Nos. ii, iii.
377. vi. Deposition of Benning Wentworth and Theodore
Atkinson. Portsmouth, Aug. 18, 1731. Describe Col.
Walton's refusal to allow Lt. Gov. Dunbar to enter
and view Fort William and Mary. Signed, Benning
Wentworth, Theodore Atkinson. 4 pp.
377. vii. Impression of Seal of Arms of New Hampshire sent
to Capt. Wybird for a Custom House Seal by Governor
Belcher. Aug. 18, 1731. Signed, David Dunbar.
Same endorsement. 1 p.
377. viii. Governor Belcher to Lt. Gov. Dunbar. Boston,
16th Aug., 1731. The post being here (who came
away the day after your Honour's of 12th present)
and bringing me no further account of the Indians
you mention, I hope they were got together on no other
account than what Collo. Harman intimated. Sr. I
believe I have some time since notifyed you of my
appointing Richard Wibird Esq., Collector of New
Hampshire, since which I wrote the late Deputy
Collector that I had sent a dedimus for administering
the oaths to Capt. Wibird, and expected his conforming
thereto, and in answer he wrote me, he wou'd neither
deliver the seal of office, nor the instructions he had,
and since that refused to do it on a special warrant
I sent him, and has also presum'd to give clearances
as a Collector, and the present Collector writes me,
as well as the Capt. of Fort William and Mary, that
you have given passes for vessels cleared by him, and
to some of them that have not cleared at the Naval
Office. I hope those who have been advisers in the
matter, especially to the poor men who have violated
the Acts of Trade in not clearing at the Naval Office,
will make good to them the damage and difficulties
they may have run themselves into. As to the late
Deputy Collector, he's not worth my further notice
236 COLONIAL PAPERS.
1731. [377. viii]
at present. But to prevent all breaches of the Acts
of Trade for the future, and loss of the subjects'
estate, or any interruption to the trade, I once more
tell your Honour, that I have appointed Richard
Wibird etc. It is my order that you be at all times
aiding and assisting him, and sign no pass for any
vessel to the Capt. of the Fort without mentioning
therein, the said vessel's being duly cleared by Richard
Wibird Esq., Collector of New Hampshire. Same
endorsement. 2 pp.
377. ix. Clearance of the sloop Dimont from New Hampshire
to Newfoundland. 20th Aug., 1731. Signed, Thos.
Wibird, Depty. N. Officer, R. Wibird, Coll. Same
endorsement. Printed form. 1 p.
377. x. Copy of last clause but one of Governor Belcher's
Instructions, assigning his powers to the Lt. Governor
in his absence out of the Province etc. Same endorse-
ment. | p.
377. xi. Governor Belcher to Lt. Governor Dunbar. Boston,
18th Aug., 1731. Benjamin Akerman brought me
your letter this morning about 11 o'clock I can't
really say whether 4| minutes before or after, tho'
these niceties are great things with you, or you would
not think my mistaking the name of the Fort worth
mentioning, and to convince you that infallibility is
not your talent, I send you a copy of Capt. Husk's
commission only to show you what you writ under it,
and to know whether any man living can tell the
day or year you administred the oaths to him, but
these are trifles I think not worth your notice or
mine, and notwithstanding the mistake Mr. Secry.
Waldron might make in writing the dedimus, I doubt
not but the proper oaths have been duly administred
etc. I am freely willing you should send home copies
of my letters, depending you'll be so just as to send
copies of yours to me etc. Sends copy of his letter to
Capt. Walton, 18 July (No. iv supra}. The Commis-
sions I give are the King's Commissions and it is
your duty to treat them with great respect etc. The
late Lt. Govr. kept command of the fort by my
proclamation, and no otherwise, nor do I find any-
thing in your commission, or any act of the Government
that settles the command of that fort upon the Leiut.
Govr. etc. Would have given it to him, if he had asked
for it and not treated his commission with contempt.
Continues : The passes you give to the fort are
properly mine and so I believe you'll find the licences
for marriage etc. My only answer to what you say,
about sharing my salary, is that it made me smile.
AMERICA AND WEST INDIES. 237
1731. [377. xi]
Your predecessor never had the face to say a word
to me on that head, nor did I practice any mean
condescentions with the Assembly to get it done,
but told 'em frankly and freely before they did it,
no one shou'd ever have a farthing of it, and I have
long since reed, an approbation from home, of the
handsome manner in which I got the salary settled
etc. It was a fault in you not to administer the oaths
when the gentn. waited on you by my order. The
commissions were not deficient, but good and full,
so far as I had extended 'em. If I pleas'd to enlarge
'em afterwards, that was more than you knew in the
time of it etc. You are too assuming in your letters.
Nor do I want your dictating to whom I shall read
your letters or my own etc. Continues : I am under
no concern about your complaint home, because I
insist upon it, that I am always present at New
Hampshire when here, or that government wou'd be
a monster with three heads. If I am absent, so
wou'd you, if you cross the river into York county,
and then the President of the Council might turn the
Government into all confusion etc. Is prepared to
justify himself in this as in the affair of Frederick's
Fort. Was obliged to go into the country and there-
fore to detain the express, " which those who sent
it, I beleive must be content to pay etc. Signed, J.
Belcher. Same endorsement. 3| pp. [C.O. 5, 873.
ff. 157-165i;., 166u.-167i;., 168i;.-172i;., 173i;.-177t;.]
Aug. 20. 378. Governor Belcher to the Council of Trade and
Boston. Plantations. Abstract. Col. Dunbar is a gentleman of such
an uncommon temper that he expects to have to be constantly
defending himself against his unjust insinuations. Refers to
letter of 12th July. Col. Dunbar's thirst of power and honour
beyond his rank cannot be acceded to by any Governor. When
the Capt. of Fort William and Mary reported that the Lieut.
Governor said he would never accept his commission for it, he
thought it high time to assert the King's honour against insults
and behaviour which could only lead to anarchy. The Governor
has never been esteemed absent from New Hampshire when at
the Massachusetts. Refers to 36th instruction. It cannot be
imagined that the King only made him Governor for about six
weeks in the year the time he spends with the Assembly there.
Repeats former arguments. It being but 66 miles from Boston,
and the post passing every week, regrets that he has to trouble
the Board with the enclosed letters, but he expects Col. Dunbar
will dress up an extraordinary relation of this affair. He will
esteem it a great favour to be delivered from this uneasy gentle-
man etc. Signed, J. Belcher. Endorsed, Reed. 5th, Read 19th
Oct., 1731, 4 pp. Enclosed,
238
COLONIAL PAPERS.
i.
ii.
Copy of preceding encl. x.
Copy of Aug. 18 encl. i.
1731.
378.
378.
378. iii. Copy of preceding encl. iv.
378. iv. Copy of Aug. 18 encl. ii. Nos. i-iv. Endorsed as
covering letter. [C.O. 5, 873. ff. 201-203i;., 204i;.,
206-207i;., 208u., 210-211u., 214t;.-213i;., 214u., 215,
216t>. (with abstract).]
Aug. 21. 379. Same to the Council of Trade and Plantations.
Boston. Duplicate of preceding, mutatis mutandis. Signed, J. Belcher.
Endorsed, Reed. 28th Sept., Read 19th Oct., 1731. 2f pp.
[C.O. 5, 873. ff. 217, 218-2190.]
Aug. 21. 380. Governor Belcher to the Duke of Newcastle. I am
Boston. now to confirm what I wrote your Grace 26 of last month,
respecting the supply of the Treasury. The Assembly have
now been sitting upwards 12 weeks, and seem resolved to
provide no money for the defence of the Government, and the
protection of the inhabitants, unless I wou'd sign a bill for it
in open violation of H.M. commands, and upon a motion the
House of Representatives made to me for a recess, I immediately
ordered all the members of H.M. Council, to attend their duty
in the General Court, and then demanded of them, upon the
oath they had taken, answers to the questions your Grace will
find in my message to the House of Representatives of 28 July
(as by their Journals inclos'd). Upon this they summon'd
their absent members to attend, and when they came together,
the result was, to make a declaration, and send it to every
town in the Province, in order to call the inhabitants of each
town together, to have their orders or instructions about the
supply of the Treasury, and I have no reason to believe but
their answer will be just as the Representatives wou'd have it,
vizt. That the Treasury shou'd not be supply'd in conformity
to the King's Instruction. Upon the whole, my Lord Duke,
I think it my duty seasonably to represent to you the great
difficulty and hazard this matter must necessarily (and very
soon) bring upon H.M. Government here, and all his good
subjects. For your Grace must be sensible, it's impossible for
a Government to subsist long without money. For my own
part, I am fully in opinion that H.M. Instruction to me in this
matter is exactly agreeable to the Royal Charter, as well as to
the best safety and happiness of this Government and people.
Yet as I have no reason to believe the House of Representatives
will comply with it, it is absolutely necessary for the preservation
of H.M. Government and people here, that your Grace transmit
me as soon as possible the King's special order upon this head.
For altho' the Assembly have been sitting now near 13 weeks,
yet I believe they will go on to sit, till I have an answer from
your Grace, and their so doing will be a vast burden to the
AMERICA AND WEST INDIES.
239
1731.
Aug. 25.
Whitehall.
Aug. 25.
Whitehall.
[380]
Province, and no service, for they have done nothing of any
significancy for several weeks past. P.S. I had almost forgot
to acquaint your Grace that notwithstanding the royal
explanatory Charter says that " it shall be lawful for the
Representatives etc. to adjourn themselves from day to day
(and if occasion shall require for the space of two days) but
not for any longer time without leave from the Governor etc,"
yet the Representatives did on Saturday 10th July adjourn
themselves to Tuesday, 13th. On which day I sent a message
to them on that subject, which they so little regarded as to
repeat such an adjournment the 24th of July. Their pretence
for this is the intervention of the Lord's Day, which I think
can by no means support such an unwarrantable practice.
For I believe the maxim of dies dominicus non est dies jucundus,
was the reason of that saving for 'em in the explanatory charter
(and if occasion shall require for the space of two days) that
they might not be oblig'd to sit on the Lord's Day. I hope
your Grace will let me know H.M. pleasure on this head. Signed,
J. Belcher. 2f pp. [C.O. 5, 898. No. 94.]
381. Mr. Wheelock to Lt. Governor Gooch. Transmits
Order in Council repealing act laying a duty on liquors etc. (v.
6th July), and duplicate of letter of 27th May. [C.O. 5, 1366.
pp. 78, 79.]
382. Council of Trade and Plantations to the King. An
act was pass'd in your Majesty's Colony in Virginia in Oct.,
1705, against importing tobacco from Carolina and other parts
without the Capes of Virginia ; and in 1726, another act was
pass'd for the more effectual preventing the bringing tobacco from
North Carolina and the bounds in controversy ; We have lately
received a memorial on the part of the inhabitants of Albemarle
County in North Carolina, setting forth the great hardships they
labour under, from being denyed the liberty of exporting their
tobacco to Great Britain from the ports in Virginia. Where-
upon we beg leave to represent to your Majesty that the only
commodious port in North Carolina is at Cape Fear, scituated
near the southern boundary of that county, so that if those
planters who are settled to the northward near the borders of
Virginia, are cut off from all communication with that Province
both by land and water, as these acts import, they will lye
under very great difficulties in exporting their tobacco to Great
Britain, therefore will probably desist from planting that
commodity, and turn their industry to other manufactures,
which may be attended with very bad consequences to the
trade of this Kingdom, from whence the inhabitants of North
Carolina have hitherto taken considerable quantities of British
manufactures, which they have been enabled to pay for by their
tobacco. These laws are therefore manifestly disadvantagious
240 COLONIAL PAPERS.
1731. [382]
to the trade of this Kingdom, and it would seem to us, highly
unreasonable, that any of your Majesty's subjects should be
debar'd from the liberty of making use of any ports belonging
to your Majesty, or from carrying on any legal trade not pro-
hibited by the laws of Great Britain in any part of your Majesty's
Dominions ; We likewise conceive that these laws are incon-
sistent with an Act of Parliament, 25th of K. Charles II, for
the encouragement of the Greenland and Eastland trades etc. By
this last act, the productions of the British Colonies in America
are allowed to be exported from one English Province to another,
under certain duties etc. For these reasons we humbly beg
leave to lay these laws before your Majesty for your disallowance.
[C.O. 5, 1366. pp. 76-78.]
Aug. 25. 383. Council of Trade and Plantations to the Committee
Whitehall. o f ^h e p r i V y Council. In obedience to orders of 7th July,
have heard the merchants of London, Bristol and Liverpool in
support of their petition against the Act of Jamaica for raising
several sums of money etc., and likewise Mr. Sharp in defence
of it. This act lays a duty of 15*. on negroes imported and
30*. on negroes exported, and 100Z. on convicts imported etc.
This act so far as it relates to duties on negroes is a burthen
upon the British trade and navigation and contrary to Governor
Hunter's additional Instruction, 13th Nov.. 1727 etc. Altho'
H.M. was graciously pleased by his said instruction to allow that
the Assembly might lay such a tax on the negroes of the said
island bought there as they should think fit, yet this indulgence
was never designed to be extended to the present case, where
duties of import are laid upon all slaves imported, whether the
property be changed or not, during their stay in the island,
and a duty of export also laid without any exception for such
slaves as should be imported only for refreshment, which must
necessarily affect all slaves brought thither on account of the
Assiento contract, etc. The duty upon convicts is a strong
infringement of the Act of Parliament etc. for the further pre-
venting robbery etc., and for the more effectual transportation of
felons, which extends to all H.M. Plantations in general ; but
by this exorbitant duty is now become impracticable with
relation to Jamaica. For these reasons therefore we should
propose to your Lordps., that this act might be laid before
H.M. for his disallowance. But forasmuch as the same is only
a temporary law ; that it will expire in Feb. next, that it would
be some time before H.M. disallowance could reach Jamaica,
and that the duties raised by this law are in part applicable
to the additional subsistence of the two regiments now in that
island ; considering also that we have lately proposed to H.M.
that the soldiers of the said two regiments after filling up the
independant companies their to their full complement may be
disbanded and left in Jamaica for the defence of that island
AMERICA AND WEST INDIES.
241
1731.
Aug. 26.
Hampton
Court.
Aug. 26.
Whitehall.
Aug. 26.
[383]
provided the Assembly will settle them to their entire satis-
faction, which must be a considerable expence to the Colony,
we would submit to your Lordps. in the present situation
whether it may not be adviseable to suffer this act even bad
as it is to have its effect. But at the same time, lest the
Assembly should be thereby encouraged to make any attempts
of the like nature on the Trade and Navigation of Great Britain
for the future, we would humbly propose that your Lordps.
should advise H.M. to signify his dissatisfaction of this pro-
ceeding to Major General Hunter, and to command him upon
pain of his royal displeasure to adhere more strictly to his
instruction for the future. And since the Assembly of Jamaica
have made so bad an use of H.M. indulgence to them in his
abovementioned Instruction, we would further propose that
the Governor should be absolutely forbid for the future to give
his assent to any law imposing duties upon slaves imported
payable by the importer and upon slaves exported, that have
not been sold in the island and continued there for the space of
twelve months : But ye merchants are willing and we have
no objection to their laying duties upon the purchase of slaves
in Jamaica, to be paid by the purchaser, and not by the importer,
provided the South Sea Company and their Factors be exempted
from paying any duties for such slaves as shall be consigned to
them, or which they may purchase there from the traders to
the coast of Africa in order to fulfill the Assiento contract.
And should your Lordps. concur with us in opinion with respect
to the future regulation of these duties, we would take leave to
propose that the same might be made a general rule for all the
Plantations, and that Instructions may be prepared accordingly
for H.M. Govrs. of the several Colonies in America. [C.O. 138,
17. pp. 344-349.]
383. John Coureand to Governor Belcher. Encloses
following by order of the Duke of Newcastle. Signed, Jno.
Coureand. Annexed,
383. i. H.M. Additional Instruction to Governor Belcher.
Hampton Court, 13th Aug. 1731. As proposed Aug.
10, supra. Copy,
pp. 282-284.]
Signed, G. R. [C.O. 324, 36.
384. Mr. Wheelock to Robert Lowther, late Governor of
Barbados. Enquires what the value of the perquisites of a
Governor of Barbados may be, one year with another. [C.O.
29, 15. p. 231.]
385. Mr. Yeamans to Mr. Wheelock. Submits a book
containing the collection of the general Acts of the Leeward
Islands and of the Acts of Antigua, which was returned to
Antigua for a public attestation at the request of the Board.
Wt. 441
C.P. XXXVIII 16
242 COLONIAL PAPERS.
1731. [385]
A law is now subjoined confirming and establishing this
collection, but relates only to the acts of Antigua, as it was
concieved that the general laws could not be attested by the
Legislature of Antigua etc. Continues : " It was purely owing
to recommendation of my Lords Commissioners signified to
the Councill and Assembly, I think, by the late Governor Hart,
and the assurances that were given them that the collection
when compleated should be printed at H.M. expence, that the
island was at first induc'd to undertake this troublesome and
chargeable work." Prays that the matter may be considered,
and the law subjoined recommended for confirmation. Signed,
John Yeamans. Endorsed, Reed., Read 26th Aug., 1731. 2|
pp. [C.O. 152, 19. ff. 64-65^.]
Aug. 27. 386. Representation of the General Assembly of Barbados
to the Council of Trade and Plantations. The said Island
has for many years past been a very profitable colony to G.
Britain, as well by its produce and import of sugar, rum,
molosses, cotton, ginger and aloes, as by its taking off from
thence great quantities of woollen and other manufactures and
goods that pay duties to the Crown, (which by means of ye
Barbados trade, are part consumed among the inhabitants of
the said island, and other part thereof are exported from Great
Britain to Africa and Madera and the Northern British Colonies,
for the purchase of negroes, wine, fish and other goods for the
use of this Island, and thereby numberless hands have been
employ'd in H.M. Kingdoms and Territories, and great revenues
have accrued to the Crown) and has also been a great support
to H.M. Northern Colonies, and given a very great and profitable
vent to their fishery and other produce as also to the produce
of Ireland : Besides employing in those several trades great
numbers of shipping and seamen etc., and after all has used
to leave a considerable ballance in England to the benefit of
the national stock. The intrest of this Island and all other
H.M. Sugar Colonies is closely united with that of Great Britain,
and all those Sugar Colonies must ever be dependent on it, and
be supply'd from thence, because they have no trade or manu-
factures which can interfere with those of Great Britain.
Within these few years great improvements have been made by
the French and Dutch in their Sugar Colonies, and great and
extraordinary encouragements have been given to them, not
only from their Mother-countrys, but also from a pernicious
trade carried on to and from Ireland and the British Northern
Colonies, and have to spare for Holland, Germany, Italy and
other parts of Europe, and the French and Dutch Sugar Colonies
have lately supply'd the Northern British Colonies with very
large quantities of melosses, for the making of rum and other
uses ; and even with rum of their own manufacture, to the
vast prejudice of H.M. Sugar Colonies, as rum is a commodity
AMERICA AND WEST INDIES. 243
1731. [386]
on which next to sugar they mostly depend, and have had in
return for such sugar, rum and molosses, shipping, horses,
boards, staves, hoops, lumber, timber for building, fish, bread,
bacon, corn, flower and other Plantation necessaries, at as easy
rates as H.M. subjects of the Sugar Colonies have. And the
continual supplies received by the French and Dutch from the
Northern British Colonies, have enabled them to put on and
maintain a great number of slaves on their plantations, and
to enlarge their sugar works and make new settlements in new
fertile soils, and at the same time cost little, being now purchased
chiefly with molosses, which before the late intercourse between
the foreign Colonies and the Northern British Colonies, were
flung away, as of no value. And thus the French and Dutch
Colonies are daily improving, while H.M. Sugar Colonies are
apparently declining, and instead of supplying, as they used to
do, France and Holland, and many other parts of Europe with
sugar, are now almost confined to the home consumption in
Great Britain, and are in a great measure excluded from the
Kingdom of Ireland, and the Northern British Colonies, who,
instead of sending their produce as usual, to H.M. Sugar Colonies,
and taking rum and sugar in return, do now often send it directly
to the foreign Sugar Colonies in exchange for the produce of
those foreign colonies : and whenever they do send their produce
to the British Sugar Colonies, they insist upon being paid for
it in cash, which they export to, and lay out among the foreign
Sugar Colonies, in the purchase of the very same goods that
they formerly used to supply themselves with from H.M. Sugar
Colonies, to the enriching the foreign Sugar Colonies, and
impoverishing His Majesty's. The mischiefs arising to H.M.
Sugar Colonies from this commerce (which is apparently in
derogation and evasion of the 5th and 6th Articles of the Treaty
of Peace in America etc., 1686), are very many and evident,
and will increase more and more, if some effectual stop be not
put to it. Martinico is now arrived to a very great pitch of
prosperity and power, and affords new supplies of people for
settling the neighbouring islands of Dominico, St. Vincents
and Sta. Lucia ; and Guardaloupe, Grand-Terre, Marygalante,
Granada and Cayene encrease and flourish in proportion : and
on Hispaniola, the French spread so fast as to become formidable
to their neighbours, whilst many of the planters in the British
Sugar Colonies and particularly in this Island, have been and
daily are necessitated to forsake their ancient well built estates
and shelter themselves in Pennsylvania, New York and other
Northern British Colonies. This apparent increase of the riches
and power of the French Sugar Colonies is in great measure
owing to the commerce aforesaid, which is destructive to the
British Sugar Colonies, but highly advantageous to the French,
who thereby find a vent not only for their sugar, but also for
their rum and molosses etc., and have those supplies of lumber,
244 COLONIAL PAPERS.
1731. [386]
horses and plantation stores, without which they never could
have enlarged or supported, nor can support their sugar planta-
tions etc. Other causes contribute to make H.M. Sugar Colonies
decline and the French Sugar Colonies flourish. The French
Sugar Colonies receive the greatest encouragement from their
Mother Country, and their duties are less than ours. The
French King is daily sending men to his Sugar Colonies, and
pays their passage thither, and maintains them there a year
after their arrival. He encourages their trade to Guinea by
giving a proemium for every negro imported thither from Africa.
He remits one half of the duty upon such goods of the produce
of his Sugar Colonies as are brought home in return for such
negroes. He maintains the fortifications in his Sugar Colonies.
He permits Spanish ships to trade with them, and particularly
for pieces of in exchange for flower and other goods, wch.
they get from the British Northern Colonies in return for their
sugar, rum and molosses. He permits them to trade to the
Spanish Islands of Margaritta, Trinidado and Porto Rico, and
he allows them to send directly to the ports of Spain sugars
of all sorts (except raw or muscovado sugars) and also all other
goods of the product of the French Islds. in America, paying a
duty of one pr. cent, only on exportation, without first importing
them into France. Whilst on the other hand H.M. Sugar
Colonies have no such encouragements. The inhabitants of
this and all other H.M. Sugar Colonies are obliged to carry their
sugars and all other enumerated goods first into Great Britain,
after paying in the Colonies where they are produced (Jamaica
excepted) a duty of 4| p.c. in specie on exportation, before they
can carry them anywhere else (except to the other British
Colonies) and are obliged upon exporting them afterwards from
Great Britain, to leave in England a duty of near 2 p.c., and
are put to the risque of a double voyage, besides the charge
of it, which amounts to not less than 20 p.c. more. H.M.
subjects of this and other his Sugar Colonies pay upwards of
10 p.c. more than the French and Dutch do, for what sugar is
carried to H.M. Northern Colonies and consumed there, by
which means those Colonies are mostly supply'd with foreign
sugar, to the prejudice of the Plantation duties (being part of
the aggragate fund, which might otherwise be greatly increased)
and altho' the French and Dutch subjects of the Sugar Colonies
do so send their sugar as well as their rum and molosses to the
Northern British Colonies, yet the subjects of H.M. Sugar
Colonies are restrained from vending their produce to the French
or Dutch Colonies, and at the same time H.M. subjects of the
Northern British Colonies and Ireland have that advantage.
And the French are at liberty to send their sugars directly to
Ireland, without first importing them into Great Britain, and
paying a duty there to H.M., which H.M. subjects of the Sugar
Colonies are obliged to do, and they are supply'd with beef
AMERICA AND WEST INDIES. 245
1731. [386]
and other provisions directly from Ireland on as easy terms as
H.M. subjects are. Those and many other advantages the
foreign Sugar Colonies, and especially the French have over
H.M. Sugar Colonies, and particularly this Island, whom it has
pleased the Almighty God in his good Providence to afflict
lately in a more especial manner by a most violent tempest
and hurricane, which began on the 13th day of this instant
August, and lasted all that and the succeeding day, with the
utmost fury, to the inexpressible terror and immense damage of
the inhabitants, who have had not only a great many of their
corn-fields, plaintain-walks, fruit and timber trees blown down,
broken or torn up by the roots, and their canes damaged, but
their dwelling-houses, windmills, boyling-houses and other their
best and most substantial buildings, some of them wholly
demolished, and others overset, rent, uncover'd or otherwise
greatly damnify'd ; and so general has the calamity been, that
there is scarce a person throughout the whole Island but who
has received a considerable loss by this dreadful storm, the con-
sequences of which are still more grievous, for that there is not
in this Island (nor has been here for some years since that per-
nicious trade between the Northern British Colonies and the
foreign Sugar Colonies began) lumber sufficient to repair a tenth
part of the buildings damaged by this tempest. This scarcity of
lumber is one of the many mischievous effects of that trade, and
great is the number of our poor inhabitants, who now have no
place to lay their heads in, and ly exposed to all the injuries
of the approaching rainy season for want of those northern
supplies which our neighbours the French are plentifully
furnished with. So great is our present desolation that many
of the poorer inhabitants, unable to rebuild their ruined houses,
will be driven to quit the Island ; and thus our strength decays,
and at the same time the exorbitant power of the French at our
very doors, threatens us with instant destruction in case of a
war. For their isles are full of men and arms, whilst the inhabi-
tants of this Island grow every day thinner, and want allmost
everything necessary for their defence. But should a war not
happen, yet the British Sugar Colonies will still be in danger
of being lost to the British Nation, unless some speedy care be
taken to save them from the ruin now impending over them ;
and if they are lost, Great Britain will lose the export of all the
British manufactures now taken off by the Sugar Colonies, and
the whole benefit arising from the importation of their product.
Our Navigation and seamen must necessarily fall off and
diminish, the African trade as chiefly depending on the Sugar
Colonies must decay : and our sugar-works and other plantation
stock and utensils become of no use, and thereby so much
wealth will be sunk and lost to the British Nation. And in
that case too, such of the Northern British Colonies as now
court a French trade and French dependance, will soon be
246
COLONIAL PAPERS.
1731.
Aug. 27.
Boston.
Aug. 27.
Boston.
Aug. 28.
Hampton
Court.
[386]
reduced to a condition too wretched to be named, and an end
be put to the British Empire in America ; But may God avert
those evils ! Nor are we without hopes that the British Sugar
Colonies may still be preserved, and even restored to their
former flourishing condition, if timely measures be yet taken
for removing the many and great disadvantages they now ly
under in point of trade ; and proper encouragement be given
them. Whether a prohibition of the importation of all sugar,
rum and melosses of the growth, product or manufacture of
any of the Plantations in America, which are not in the
possession of or under the dominion of His Majesty, into the
Kingdoms of Great Britain or Ireland, or any of H.M. Colonies
or Plantations in America, or any other H.M. British Dominions,
or a total prohibition of trade between the Northern British
Colonies and the foreign Sugar Colonies, or of any particular
branches of trade, as namely those of horses and lumber, or the
granting H.M. subjects of the Sugar Colonies the like advantages
in their trade, as the subjects of the foreign Sugar Colonies now
actually have, whether all or any of these, or what other
measures in particular may be proper and sufficient to attain
the good ends desired etc., we presume not to say ; but humbly
hope that your Lordships will be pleased to take the premises
into consideration and thereupon do what to your Lordships
in your great wisdom shall seem fitting. Read and agreed to
nemine contradicente 27th Aug., 1731. Signed, Robt. Warren,
Clk. of the Assembly. Endorsed, Reed, (from Mr. Foster) 25th,
Read 28th Oct., 1731. 3| large pp. Torn. [C.O. 28, 22.
ff. 132-133i;.]
387. Governor Belcher to the Duke of Newcastle. Since
the closing my last I have by the advice of H.M. Council
adjourned the General Assembly for a month, altho' there's
no money in the Treasury for the defence of H.M. Government
and the protection of the inhabitants. I now inclose the
Representation mentioned to be made to the several towns,
and I earnestly pray for H.M. especial order in this important
affair. Signed, J. Belcher. 1 p. [C.O. 5, 898. No. 95.]
388. Same to the Council of Trade and Plantations.
Duplicate of preceding. Signed, J. Belcher. Endorsed, Reed.
9th, Read 19th Oct., 1731. 1 p. Enclosed,
388. i. Journal of House of Representatives of the Massa-
chusetts Bay, Aug. 18, 1731. Printed, by Thomas
Fleet. Endorsed as covering letter. 14 pp. [C.O. 5, 873.
ff. 220, 221u.-228u., 229^.]
389. Lord Harrington to the Council of Trade and
Plantations. Encloses following for their report. Signed,
Harrington. Endorsed, Reed. 29th, Read 31st Aug., 1731.
1 p. Enclosed,
AMERICA AND WEST INDIES. 247
1731.
389. i. Extract of letter from Mr. Finch, H.M. Envoy Extra-
ordinary at Stockholm to Lord Harrington. Stockholm
5th May, 1731. There is a project to carry on at
Gottenburg a trade directly to the West Indies, in
order to buy raw sugar and tobacco at first hand which
are to be refined and manufactured here, a ship is
actually bought for this trade, but so great a mistery
is made of it, that I cannot give your Lordship any
distinct account about it, tho' I am told that it is
grounded on a grant of some place in America made
formerly by the Dutch to a Prince of the House of
Hanau, an account of which is to be found in Dr.
John Becker's Political Discourses in Dutch p. 1032
etc. Same endorsement. Copy, f p.
389. ii. Extract of letter from Same to Same. Stockholm,
llth August., 1731. Continues : Besides [the above
grant] Count Bonde told me that they have their view
on the Island of Tabago, which it is said was granted
by King Charles II to James, Duke of Courland, the
present Duke offering now to make a cession of it for
a summ of money to this Crown. Count Bonde
desired me in a friendly manner to inform him if I
knew any particulars relating to this matter, and
whether the Crown of England had still any pretensions
to it in order to form the opinion of the Chancery etc.
I have sent to Upsala to see if anything is to be found
in Rymer's Fredera relating to it etc. Same endorse-
ment. Copy. \\pp. [C.O. 388, 30. ff. 247. 28.]
Aug. 28. 390. Capt. Davers to Mr. Brudenell. I find some people
Horringer. are very solicitous to have my seat in Counsill in the Hand of
Barbadoes, insinuating that I never intend to goe there again
etc. My interest will oblige me to goe there if my inclinations
did not prompt me to it etc. Hopes to be continued in the Council
etc. Signed, J. Davers. Endorsed, Reed., Read 31st Aug.,
1731. Holograph. 1 p. [C.O. 28, 22. ff. 85, 86u.]
Aug. 30. 391 . Sir W. Keith to the Council of Trade and Plantations.
Haveing observed with great attention what was said at the
Board on last Wedensday to the Switz petitioners etc. (v. 10th
Aug., 1st Sept.), and being myself fully convinced of the many
and great advantages which would most certainly accrue to
the public interest of this Kingdom by such a settlement, I
should be very sory if so noble a design was altogether laid
aside etc. Continues : If H.M. could be moved to appoint
a fit person with proper authorities to grant those lands to such
as should actually come to setle there, under the same conditions
which were proposed by the Board to the Switz petitioners,
I am perswaded the encouragement could be sufficient to invite
248
COLONIAL PAPERS.
1731.
Aug. 30.
Whitehall.
Aug. 31.
Whitehall.
Aug. 81.
Portsmouth
in New
Hampshire
in New
England in
America.
[391]
forreigners as well as others thankfully to accept of it etc. As
the person so appointed must be invested with the necessary
powers of governing and directing the first settlement of so
important a Colony, he ought to be a man of experience in
military as well as civil affairs, possessed of a character in all
respects equal to the trust and likeways upon the spot to execute
it with effect. Collo. Spotswood whose present situation in
Virginia is in a maner contiguous to the proposed settlement
seems to be of all others the fittest person etc. His integrity
and great abilities are well known to your Lordships etc. Your
Lordships will do me the justice to believe, it is my regard for
the public service, and not any privat view to myself which
has induced me to lay these maters before you etc. Signed,
W. Keith. Endorsed, Reed. 30th Aug., Read" 21st Sept., 1731.
Holograph. If pp. [C.O. 5, 1322. ff. 177, 177v., 178u.]
392. Mr. Wheelock to Mr. Fane. Encloses, for his opinion
in point of law, act of Antigua, 1731, to enable Henry Lyons of
Antigua, gent., to dispose of certain lands etc. [C.O. 153, 15.
p. 111.]
393. Council of Trade and Plantations to the King.
Storehouses have been lately built at your Majesty's expence,
at English Harbour in Antigua, which has been thought a
proper place for careening and refitting ships of war on that
station etc. The people of Antigua have granted your Majesty
a proper tract of land contiguous to the said harbour, upon
which they have at their own charge erected a stone fort for
the defence of your Majesty's ships and storehouses and they
humbly pray that your Majesty will be pleased to grant them
twelve peices of cannon, to be mounted in the said fort, six of
which they desire may be twelve-pounders and the rest eighteen
pounders, with carriages, rammers, sponges, ladles, and all
other necessaries requisite. Whereupon having discoursed
with Colo. Cosby, considering that it is highly expedient for
your Majesty's service, both for the defence of the said store-
houses, and the security of the harbour, that the fort should be
furnished with proper ordnance and the necessary stores of war,
we take leave numbly to propose that your Majesty should be
graciously pleased to comply with their request. [C.O. 153,
15. pp. 111-113.]
394. Address of Members of Council, Judges, Justices and
other officers and inhabitants of New Hampshire to the King.
Refer to former address expressing gratitude for continuing a
Governor so acceptable to the people. Continue : Notwith-
standing which, some restless persons for about three weeks
past, have been endeavouring to disquiet the minds of the
weaker sort amongst us in order to memorial " the Governour
AMERICA AND WEST INDIES. 249
1731. [394]
to the Lords of Trade etc. as a person not a friend to the Province,
and to pray that New Hamps. may be no longer under the
Governour of the Massachusetts Bay ; wch. essay gives birth
to the present Address etc. For in duty to our Sovereign, in
honour to our Governour, in faithfullness to the Province, and
in justice to our-selves we cannot be dumb on such an occasion,
but most humbly crave leave to bear testimony against an
attempt (tho' never so unlikely to succeed), wch. tends to sap
the very foundation of our happiness etc. Your Majesty's
Councill can witness the Governour's solicitous concern for
the settlement of the divisional line between the two Provinces,
and his unwearied endeavours to accomplish it with the strictest
impartiallity ; which is what we earnestly supplicate may have
as speedy an issue as is consistant with your Majesty's royal
pleasure ; for the longer the difference lyes open, the greater
are the mischiefs wch. attend it. But to return to His
Excellency, What is it that we can't all say, (without a
compliment) even the little number of discontented, themselves,
in praise of our Governour whose administration is so wise,
so just, so equal, and to such universall acceptance, and who
will without any question make such unbiased remonstrances
to your Majesty upon this unfortunate misunderstanding as
may be a means at last to bring it to a happy issue. May it
please your Majesty, this your Majesty's Province is so small,
the people so few and in general so poor that it makes the
settlement of the lines still more necessary, and is no bad
argument to enforce our humble request for being continued
under the Governour of the Massachusetts Bay, and especially
him who at present is, and we hope will long continue in that
station. For we have done our utmost already, even to our
almost undoing, in fixing so large a sum for the Governour's
sallary, pursuant to your Majesty's Instruction, and if more
should be required to support the dignity of a resident
Governour, we can forsee nothing but inevitable ruin : and
besides if we should again be visited with a French or Indian
war, or both (as at this juncture we are threatened,) then yet
more deplorable would our condition be, for now we can ask
succours (as occasion may require) from the common Father
of both Provences, with hopes of success ; but how it may be
upon a different footing God alone knows. Numberless
arguments we humbly concieve might be used to induce yr.
Majesty's favour in continuing us under our present Governour,
but your Majesty's consummate wisdom, as well as goodness
makes them unnecessary, and as we know what has been offered
(by any who are the troublers of our Israel) in a way of impeach-
ment of H.E. conduct, can't fail of redounding to his honour
(even without a reply) so we shall attempt no particular answer,
but leave that to himself if he shall think it worth his while.
Pray for H.M. long and glorious reign etc., " and when the
250
COLONIAL PAPERS.
1731.
Aug. 31.
Whitehall.
Aug. 31.
Whitehall.
Aug. 81.
Boston.
[394]
period of mortal life expires, that your Majesty may be trans-
lated to the mansions of bliss, and there reign with the King
Eternal for ever and ever. With humble obeysance we now
withdraw from vour Majesty's presence " etc. 72 signatures.
4 pp. [C.O. 5, 10. ff. [92-980. old.]
395. Mr. Popple to Robert Jackson, late Minister in Sweden.
The Board desires to speak with him concerning some papers
referred to them relating to trade from Sweden to the West
Indies, and concerning Tobago. [C.O. 389, 28. p. 453.]
396. Mr. Wheelock to Robert Jackson. The Board desire
the favour of speaking with you etc., having under consideration
some papers referred to them received from Mr. Finch, H.M.
Envoy Extraordinary in Sweden relating to the trade between
that Kingdom and H.M. Dominions. [C.O. 389, 28. p. 453].
397. Governor Belcher to the Council of Trade and
Plantations. Abstract. He wishes he was rid of Lt. Govr.
Dunbar, who, he hears, is representing that he has debarred
him of all the perquisites of a Lt. Governor, which he supposes
arises from his orders relating to passes for vessels to pass the
fort. It is doubtless the Lt. Governor's duty to give them in
the manner he directs, but suspecting that he would not do so,
he sent passes of his own, that the trade might not suffer.
Thereupon, the Lt. Gov. sent (27th Aug.) a paper to the
Collector, copy enclosed. Till he refused signing the passes
in conformity with these orders, he always gave them and
received the perquisites of them. The great difference between
them is whether he shall control the Governor, or be subject
to him. He will suffer no insult from Col. Dunbar. For 30
years it has been ruled from home, that the Governor of both
Provinces was always present in each when in either, and the
Lieut. Govr. did everything by the Governor's orders ; and the
late Lt. Govr. Vaughan was dismist in Govr. Shute's time for
presuming to do otherwise. If the present Lt. Govr. will behave
with proper respect and good manners, and ask him, as a favour,
for what his predecessor enjoyed, he shall have it. He hopes
the Board will never countenance the thirst he has to subvert
all good order and government. Signed, J. Belcher. Endorsed,
Reed. 15th, Read 19th Oct., 1731. 2 pp. Enclosed,
397. i. Copy of Aug. 20 encl. vii. Subscribed, Whereas the
chief Governor has sent blank lett passes from Boston
for all vessels to pass the port and is pleased to claim
all perquisites, he may also send blank registers and
all other papers for which there are fees paid etc. for
I do not think fit to do any act, whereby to receive any
perquisite till the question is decided etc. Signed,
David Dunbar. Copy. Endorsed as preceding.
2| pp. [C.O. 5, 873. ff. 230, 230*;., 231i?.-233-t;.]
AMERICA AND WEST INDIES.
251
1731.
Sept. 1.
Whitehall.
[Sept. 1.]
398. Mr. Wheelock to Horatio Walpole. Encloses Mr.
Attorney and Solicitor General's report upon the right to lands
between the Rivers Kennebeck and St. Crois, upon which,
being judged a matter of great consequence as well in regard
to H.M. Quit-rents in the Plantations as in other respects etc.,
my Lords Commissioners will be glad to confer with you, as
a Member of the Board, etc. [C.O. 5, 916. p. 432.]
399. Mr. Ochs and Mr. Stauber to the Council of Trade and
Plantations. Return thanks for favourable reception of and
offer their final proposals, as suggested by the Board. As to
the Board's view that the intended Colony should not be charged
with the maintenance of a Governour, submit that the success
of the Colony will be chiefly in the conduct of the managers,
who will be at great expence in collecting settlers from Germany
and Switzerland, providing passages and cattle for them,
planting white mulberry trees for silk-worms, mills and tools
etc. Mr. Stauber has already spent 2001. and two years' time,
and will require at least lOOl. more to engage and conduct the
people for the first time etc. As their Lordships do not incline
to grant a certain district of land as was desired etc. the managers
therefore humbly desire to be granted the privilege to dispose
of all the land that shall be taken up within 10 years from
their first arrival at 101. sterl. pr. 100 acres, more or less according
to the quality of the land etc., which sum will be saved to the
people in the first year in the passage buying of cattle etc., and
that the two managers may be granted a certain quantity of
land free for ever from quit-rents etc. " But it is to be hoped
that Mr. Bury's proposal is not to be instanced to this Colony
for the different situation and labour, and if their Lordships
knew his circumstances and conduct they would take no notice
thereof." If the Board find it necessary, though nobody would
be willing in the interest of the Colony to appoint one of the
Managers as Governor, without some appointment, yet one of
the Managers, though he would rather be without the trouble,
will submit to their proposals and terms etc. The fixing of the
quit-rent etc. is submitted to their Lordships' discretion etc.
Naturalisation is desired for all Protestants that settle there
in general, or for a small charge to have a naturalization granted
by the Governor. It is desired that the laws of this Kingdom
may be administered in German etc., and to have liberty to make
laws and ordinances with the approbation of the Government,
like other Colonies. If their Lordships would ordain that all
Protestants without distinction of opinion might equally enjoy
all priviledges and rights alike, it would much add to the increase
of the Colony, which had so great an effect in Pensilvania, that
the people resorted thither in much greater numbers. This
Colony being an inland country, the inhabitants are obliged to
pass through other colonies, as Virginia, Maryland and Pensil-
252
COLONIAL PAPERS.
1731.
Sept. 1.
Whitehall.
Sept. 1.
Whitehall.
Sept. 2.
Custom-
house,
Rhode
Island.
[399]
Pensilvania etc. It is desired that these Provinces may not have
power to lay any duty or custom upon their goods passing
through their Colonys, nor for the selling of their horses, cattle
or production in the sayd Colony s. As the language of this
people is German, desire that they should always have in future
a Governour appointed to them of the best qualify 'd person
among them, of which the Assembly to nominate 2, 3 or more
persons and the Government to chuse which would be most
acceptable thereof etc. As this Colony is to be a new Province
under the Government of the Crown, it is humbly presumed
that the Commission, Patent and required instruments will be
delivered without charge, which their Lordships are desired
to procure with as much expedition as possible. Endorsed,
Reed. 1st, Read 21st Sept., 1731. 3 pp. [C.O. 5, 1322. ff.
1,75-1760.]
400. Mr. Wheelock to Mr. Carkesse. Governor Worseley
having acquainted my Lords Commissioners (20th Nov. 1730),
that a merchant of Barbados sent thence to Sta. Lucia English
carpenters with ironwork, plank, masts, sails, cordage and all
necessaries for building and fitting a ship to sea, the timber only
excepted ; and afterwards made application to him to register
her, which he refused ; and that he has since heard, application
has been made to the Commissrs of H.M. Customs in London
upon that subject, etc., enquires whether any such application
has been made, and what has been done therein. [C.O. 29, 15.
p. 232.]
401 . Same to Humphry Morice, Micajah Perry and Richard
Harris. My Lords Commissioners desire you, or any other of
the Gentlemen concerned in the petition relating to the recovery
of debts and the partiality of some duties in the Colonies and
Plantations etc., will lay before the Board by the first oppor-
tunity as particular an account as may be of the facts complain'd
of, as likewise of the several acts and the Colonys where the
same have been pass'd, whereby the Plantations favour them-
selves in prejudice of this Kingdom, and so soon as their
Lordships shall have perused the same, and compared them
with the acts and papers in their office, on that subject, they
will appoint a day for hearing the petitioners in order to their
relief. [C.O. 324, 11. pp. 246, 247.]
402. N. Kay to the Council of Trade and Plantations. I
had some years since your commands etc. to send any laws made
in this Government that might be prejudiciall to great Brittain.
In pursuance of which I have from time to time sent the acts
made for the emitting bills of creditt, upon land securitie, which
amount to more than 120,OOOZ. now standing out : and not-
withstanding H.M. commands to other Governments, not to
issue out any such bills ; this colony in their last General
AMERICA AND WEST INDIES. 253
1731. [402J
Assembly hath passed an act for emitting 60,OOOZ., upon land
securitie, to be lett out at interest ; and tho' the present
Governour, the Honourble. Joseph Jenks Esqr., would not give
his sanction to itt. Which being so great a grievance ; the
best of H.M. good subjects here have presumed to petition his
royall and sacred person ; and our Governour resenting the
indignitie offer'd to him, hath made his Address to the King
etc. All the papers proving these matters of fact are sent to
Mr. Thomas Sandford, a very worthy gentleman and mercht.
of London, and will be laid before your honourable Board etc.
Signed, Nathl. Kay. Endorsed, Reed, (from Mr. Sandford)
9th, Read 12th Nov., 1731. Holograph. 2 pp. Enclosed,
402. i. Petition of several inhabitants of Rhode Island to
the Council of Trade and Plantations. Rhode Island
in New England, 30th Aug., 1731. We having pre-
sented a memorial at the last sessions of our General
Assembly to prevent the emitting of more bills of
credit, to be let out at interest upon land security ; and
having no redress from that honoble. body ; but on
the contrary another publick act made by them for
emitting 60,000/., have presumed by the hands of
Mr. Sandford etc. to lay before your Lordships our
memorial presented to the General Assembly ; after
their reading of which, and hearing our Councils
arguments thereon, they made the said act, and have
emitted the money without the assent of the Governr.,
who hath now address'd himself to our gracious
Sovereign Lord the King in a letter enclos'd with our
papers to Mr. Sandford, etc. After we had taken out
copies of our memorial etc., and of the said act, with
the Governor's dissent thereunto, which was given us
by the Secretary with proper attestations. The Deputy
Govr. John Wanton Esq. hearing of these proceedings,
immediately summon'd in the General Assembly ;
which the Govr. wou'd not do : and the said Assembly
took away all our attested copies before mention' d,
made an addition to their act, and order'd our memorial
to be dismist in this torne and tatter'd manner, which
are humbly concieving to be exceeding injorious to
H.M. faithfull and loyal subjects, and presuming upon
your Lordships' patronage, Have made our most
humble and most dutiful petition to our gracious
Sovereign and praying your Lordships favour for Mr.
Sandford's access, and having no other view, but what
is sett forth in our humble memorial : If any objections
be made against it ; we humbly pray for a favourable
hearing, that we may approve ourselves. Signed,
Nathl. Kay, John Brown jr., and 17 others. Endorsed
as preceding. 3 pp.
254 COLONIAL PAPERS.
1731.
402. ii. Act of Rhode Island for emitting 60,000/. in bills of
of credit. June, 1731. The act concludes : Major
Thomas Fry and Capt. Benjamin Ellery protest against
the aforesaid act etc. as being an infringement on the
King's prerogative. Copy, examined by R. Ward,
Secry. Same endorsement. 5| pp.
402. iii. An additional act of Assembly of Rhode Island,
Newport. 3rd Aug., 1731. This Assembly having
considered an addition at the foot of the act of
Assembly made and past on the 14th June, 1731, for
emitting 60,000/. etc., entred in these words, his
Honr. ye Govr. dissents from ye said vote, Do declare
the same to be no part of sd. act of Assembly and
that said act be noways encumbred thereby, but that
the said dissent be deemed null and void for the
following reasons : (i) For that the said act was
made and past at the sessions began on 14th June
1731, and continued till 24th June and no longer as
may appear by the records etc. and that during said
time the Genl. Assembly were not apprised or knowing
of any dissent but caused said act to be published and
the same has taken effect and proceedings have been
made thereon accordingly, (ii) For that it appears
said dissent was given in to the Secry. and entred on
the 25th June, which was one day after the rising of
sd. Genl. Assembly, which is conceived inconsistant
with all rule and methods of proceeding it not being
in the power of the Legislative authority to act except
when duly conveen'd much less for any single member
to incumber any act by dissenting or protesting after
the rising of the Court, (iii) For that it is not clear
what vote sd. dissent referred to there being many
votes preceeding the same, (iv) For that the afore-
said post entry of sd. dissent depriv'd the Genl.
Assembly of the benefit of considering the consequence
thereof. Copy. Signed and endorsed as preceding.
H PP- [C.O. 5, 1268. ff. 21-23i\, 24i>., 26-28u.,
., 33v.]
Sept. 4. 403. Certificate re lands in Carolina to same effect as 17
July supra, no. 305. Signed, Henry Bertie. Endorsed, as
July 17. | p. [C.O. 5, 362. ff. 32, 85t>.]
Sept. 4. 404. Governor Burrington to the Council of Trade and
North Plantations. Abstract. Refers to letter of 1st July. In spite
na ' of opposition in the House of Burgesses, spirited up by some
of the Council, he has kept the country in perfect peace, and
entirely stopped the riots which used to be so frequent. The
rioters were headed by Edmond Porter, Judge of the Admiralty,
AMERICA AND WEST INDIES. 255
1731. [404]
a man of so infamous a character that it would be for H.M.
service if he were removed from the Council. Mr. Smith, late
Chief Justice, has secretly left for England, promising to obtain
the removal of the Governor etc. He has left with the character
of a silly rash boy, a busy fool and egregious sot. He is, besides,
an ungratefull perfidious scoundrel, and as much wanting in
truth as in understanding etc. Owing to his absence and that
of other Councillors, he has had difficulty about holding a General
Court and Court of Admiralty, besides a dispute with Mr. Smith
about the Governor's power to fill vacancies in the Council.
Recommends Mr. Lovick for the Council, against whom neither
Sir Richard Everard nor Porter had the least evidence to support
their complaints. " We expect our Indians will be attackt
by those of S. Carolina etc. The Five Nations are in alliance
with ours, and have promised to assist them with 1000 men,
part of which are already come into this Province." Has sworn
Mr. Lovick as a Councillor, and also Edmond Gale, and
appointed John Palin Chief Justice. Believes Mr. Porter will
trouble the Board with his reasons against his appointing
Councillors, of which he encloses a copy and answers. Porter
is a man of infamous character etc. A new Assembly is to meet
in November, but no good can be done until H.M. pleasure is
known upon the pretended laws of 1729, after H.M. purchase
was completed, and as to quit-rents etc., and officers' fees being
paid in proclamation or bills as rated by the Assembly. Proposes
to prorogue the Assembly until instructed on these points.
Refers to former remarks on Act relating to escheated lands.
Has refused to grant patents for such lands, as he finds that
law not consistent with his 43rd Instruction. Gives further
reasons against the Act for biennial Assemblies, and proposes
to alter the present distribution of seats, settled by that act,
which also allows all freemen to vote for burgesses, contrary
to his 12th Instruction that none but freeholders be admitted
to vote, which has occasioned a great deal of heat among the
people. Hopes the Act will be repealed. Awaits the arrival
of an Auditor before sending public accounts, very little money
having as yet been received or paid, and there being no Auditor,
Receiver General or public Treasurer. A multiplicity of business
and a dangerous sickness have hitherto prevented him from
surveying the harbours in accordance with his 100th Instruction.
It will be a work of some difficulty and expence. The
inhabitants declare very much against fortifications, but as
there are three harbours capable of receiving large ships, some
must be erected. Will report thereon before Christmas. Gives
an account of the value and currency of the bills of credit. A
pistole is not to be purchased under eight pounds in bills.
English goods sell from 15 to 20 in bills above their cost price
in England, but if the bills are allowed by H.M. to be current,
believes they will soon come to the value they are rated, which
256 COLONIAL PAPERS.
1731. [404]
is four for one in Proclamation money. Mr. Moseley was much
concerned with Sir R. Everard in taking up lands. When the
enquiry into the complaints against Sir Richard were begun
in Council Mr. Smith, Mr. Porter and Mr. Ashe succeeded in
stopping it. Has had information of malpractices by Mr.
Moseley and his deputies in returning to the Secretary's office
imaginary surveys, by which his relations hold great quantities
of land more than are specified in their patents. Explains his
own purchase of some lands which he is assured will be the
subject of complaint against him. He heard that Indians took
up ore on those lands of which they made bullets. He gave
more for them than they are judged to be worth. They are 100
miles above the falls of Cape Fear River. The greater part he
bought of Moseley, the great land jobber of this country, who
has still 20,000 acres to sell when he can find purchasers. Gives
a state of the Councill and proposes persons for vacancies.
Some of the owners of lands gained by the new boundary with
Virginia refuse to take out patents for them, on which he desires
instructions. Will send an account of the Militia, and of
improvements that may be made in the county, which entirely
depends upon the quit-rents that are to be paid for lands to be
taken up, and opening a port on Ocacock Island etc. Many
people have come into the country to settle lately ; more are
coming from neighbouring colonies, notwithstanding there is
but one entry for taking up land, neither has the person who
made the entry gone on with the survey by reason of the quit-
rent etc. " When I undertook the settlement of the Southern
part of this Province (with consent of the Proprietors' Council)
warrants were given to people that were disposed to settle there,
by which inducement a great many people did then seat lands
in that uninhabited country and have not since had patents.
I think it will be hard upon these people to be removed, many
of them would be ruined. I pray your Lordships' directions
in this tender affair. Printed, N.C. Col. Rec. iii, 202. Signed,
G. Burrington. Endorsed, Reed. 16th Nov., 1731, Read 16th
June, 1732. 16 pp. Enclosed,
404. i. Opinion of E. Porter in humble manner to H.E.
27th July, 1731. There being seven members of
Council in the Province, thinks no other can be
admitted to Council until H.M. pleasure be known.
Signed, E. Smith. Endorsed as preceding. Holograph.
I p.
404. ii. Mr. Byrd to Governor Burrington. Virginia. 20th
July, 1731. Acknowledges letter. Continues: I think
etc. that country will cost a pretty deal of trouble
to bring it into order, and a less spirit than yours will
never be able to affect it, people accustomed to live
without law or gospel will with great reluctance
submitt to either. It must be owned North Carolina
AMERICA AND WEST INDIES. 257
1731. [404. ii]
is a very happy country where people may live with
least labour that they can in any part of the world,
and if the lower parts are moist, and consequently a
little unwholesome, everywhere above Chowan, as
far as I have seen, people may live both in health and
plenty etc. I should be very glad to follow so good a
pattern as yours, to make such distant lands profitable
in my time. It is true the soil is good etc., but trans-
porting the fruits of our labour to a markett makes
all the difficulty etc. Enquires as to terms of settle-
ment etc. and how a highland territory can be made
immediately profitable etc. Wishes him success in
reducing that anarchy into a regular Government etc.
Concludes : I'm informed there is a subscription in
England for setling an hundred familys of poor debtors
on Savana River, which I fear will prove a grave for
them. They had better send them to North Carolina.
Signed, W. Byrd. Copy. " I sent the original to
the Speaker of the House of Commons " etc. Signed,
G. Burrington. Endorsed as preceding. 1 p. [C.O.
5, 294. ff. l-12v. (with abstract)] ; and (abstract only,
with marginal notes for reply) 5, 327. pp. 18-26.]
Sept. 4. 405. Mr. Carkesse to Mr. Popple. In reply to 1st Sept.,
Custom encloses following opinion, which was taken and laid before the
London Board in Aug., 1730 by some merchts. of this City, upon which
they sent a copy to their Offrs. in Barbadoes for their Governmt.
Signed, Cha. Carkesse. Endorsed, Reed. 7th, Read 22nd Sept.,
1731. 1 p. Enclosed,
405. i. Opinion of Attorney General, 3rd Aug. 1730, upon
question of registering a vessel built at St. Lucia by
a merchant of Barbados etc. St. Lucia being expressly
within the Commission granted by H.M. to the Govr.
Barbadoes, I think that alone, without entring into a
nice enquiry concerning the property or possession of
the island, is sufficient to entitle an English merchant,
who hath caused a ship to be built there at his own
expence with timber of the growth of that place to
have his ship registred either in Barbadoes or in
England. Signed, P. Yorke. Copy. 1 p. [C.O. 28,
22, ff. 95, 96, 980.]
Sept. 8. 406. Lt. Governor Gooch to the Council of Trade and
Virginia. Plantations. Having seen the bill which passed the House of
Commons the last sessions, a bill for the better secureing and
encourageing the trade of H.M. Sugar Plantations, and the vote
wherein it was resolved to address H.M., that the Lords of
Trade etc., I did presume to think, notwithstanding the great
variety of pamphlets published on the subject, something might
Wt. 441 C.P. XXXVIII 17
258 COLONIAL PAPERS.
1731. [406]
be said from the Southern part of the Continent that would be
acceptable to your Lordships etc. The main scope of this bill,
as appears by the preamble, is to prohibit all trade from H.M.
Plantations on the Continent of America to any of the foreign
Sugar Islands, and this in order to promote the welfare and
prosperity of H.M. own Sugar Islands. If this could be accom-
plished without notable prejudice to the other Plantations at
least equally valuable, and of as much consequence and import-
ance to the Navigation, strength and wealth of Great Britain
no man would envy the Sugar Colonies any benefits which the
indulgence of their Sovereign, or the benevolence of a British
Parliament should think proper to conferr : But if the
prohibition desired shal appear manifestly injurious to the
Provinces on the Continent, who may humbly hope for an equal
share of the affections of their Mother Country, it may be
expected that all measures will be discouraged which tend to
raise the grandeur of one part of H.M. Plantations upon the
ruin of the other. The commoditys with which the Plantations
on the Continent supply the Sugar Islands are flower, bisket,
beef, pork, fish, staves, heading and all kinds of lumber : in
return of which the Continent receive chiefly, sugar melasses
and rum. And it must be observed that as the Sugar Colony s
could not subsist without such supplies from the Continent, so
are they generally so great plenty, that they often spare of these
provisions to the French and Dutch, the merchants of Barbados
and the Leeward Islands being the first that taught the people
of the Continent to find out a market in the foreign Islands for
those superfluous commoditys our own could not consume,
In like manner when the crops in our Sugar Plantations have
happened to miscarry, as they frequently do through great
droughts or hurricanes, the same merchants thought it no way
inconsistent with the interest of their own sugar colonys to
purchase from their foreign neighbours the commoditys
necessary for the people on the Continent, and even to furnish
the British markets with the same. The plenty of all kind of
provisions with which the Plantations on the Continent abound
being more than sufficient to supply the Sugar Islands, it seems,
not a little hard, to prohibit them from seeking a market where
they can find one : But it will appear very impolitic to cramp
their industry by the prohibition proposed, for the following
reasons : First, most of the Northern Colonys have scarce any
other way of making remittances to Great Britain than by the
provision and lumber they export to the West Indies, and the
sugar they ship there for England to purchase such necessaries
as they want from thence : and whether these returns be made
in sugars of the product of H.M. islands or of those of foreigners,
Great Brittain is still the mart for both, and the returns the
Continent receive are in British manufactures. But if they
can find no other vent for their provisions and lumber than
AMERICA AND WEST INDIES. 259
1731. [406]
what H.M. Sugar Islands afford, the remittances for Britain,
and their consumption of British manufactures must be pro-
portionable diminished, and the people forced by necessity
to apply themselves to manufactures of their own to make up
that deficiency. Secondly, as the French sugars and melasses
are purchased commonly at half the price the like commoditys
bear in the British Islands, it is with the former that the
Northern parts of the Continent are chiefly supplied for their
own consumption : and it needs no art to demonstrate that by
this means the exports of the French Plantations to the
European markets are much lessened, and that of the British
Sugar Colonys not decreased, since all their produce which is
not taken off by the Plantations must be carried to the British
markets. Thirdly, this prohibition may often prove of ill
consequence to the trade of Great Britain, as well as a detriment
to the Plantations on the Continent : for since it frequently
happens that the crops in the British Sugar Islands fail, as it
is probable they will this year in particular, by the unseason-
ableness of the weather, it would not only be highly injurious
to the Continent to deny them the liberty of supplying yourselves
elsewhere, but it will also deprive them of the means of furnishing
the British markets with foreign sugars, thereby still making
Britain the general staple for the sugar trade, which otherwise
upon any such accident must be transfer'd to another Nation.
Fourthly, as the prohibition seems chiefly calculated to give
the Sugar Islands an advantage over the rest of H.M.
Plantations, in obliging the people on the Continent to sell
their commoditys and take sugar melosses and rum at what
price the West Indians think fit ; it may not be amiss to consider
the great disadvantages the inhabitants on the Continent
already ly under with respect to their trade to the Sugar
Islands, as thus. Very often their provisions yield little more
than the first cost : that the charge for cask for rum and
melasses, the commissions for storage and factorage, with the
expence of the masters of the vessels trading thither, who have
an extraordinary allowance over and above their pay, eats
out the greatest part of the profits of the most prosperous
voyages. Another very great advantage the Sugar Colonys
have in trade is, that all the necessaries they want are brought
to their doors without any risque to them, whilst the people
on the Continent are forced to run the hazard outward and
homeward, and that a great part of the commoditys purchased
in the Sugar Islands for the Continent is with Bills of Exchange
payable in Great Britain. Whereas on the other hand no
instance can be given of any such payments for commoditys
carried to the West India market. One would imagine that
these advantages in trade, together with the benefit of their
situation, which saves them the expence of cloathing their
slaves, and is so great a charge to the Provinces on the Continent,
260 COLONIAL PAPERS.
1731. [406]
might well serve to content these Gentlemen, without asking
further advantages over their fellow-subjects. However, let
us now turn our thoughts to the effect this prohibition in all
likelihood will produce. And it frequently happens that the
pit the mischievous man digs, he fals into himself. Now tho'
it must be confessed that the Provinces on the Continent
through long usage can ill bear a total privation of rum, one of
the principal commoditys with which they are furnished from
the Sugar Islands, yet it is very evident they can easily provide
themselves with spirits of equal goodness, whenever the people
shal think fit to apply their industry that way. The more
Northern Colonys are already so well improved in husbandry
that they make malt liquor little inferiour to any in England :
and if the people of Virginia and Maryland should be forced
by necessity, or disposed by choice to sett apart some of their
best land, which they now solely employ in the production of
tobacco, for sowing of barley, it is certain they might be as
well supplied with malt liquor as any country in H.M.
Dominions ; and so also might the Province of Carolina, where
there is much good land proper for that grain ; so that there is
no family in either of these Provinces, but what may furnish
themselves with much cheaper and more wholesome liquor,
than any they can be provided with from the West Indies ;
and if their servants or slaves require the more spirituous
liquor, there will be found little difference Malt spirits which
may be made in plenty, and the rum of the West Indies now so
highly prized, unless it be in the cleanliness of the materials of
the first, compared with the nastiness of the last. Add to this
the great quantitys of cider with which all the Colonys on the
Continent abound, and they afford a sufficient fund to supply
themselves with that kind of brandy, which, if well distilled,
doth far exceed any rum the Sugar Islands have yet produced.
Then as to the melasses, which in New England and the other
Northern Colonys is only employed for distillation, and in the
Southern Colonys on the Continent for brewing beer, there
would be no manner of need of it for either of these uses, and
thus the disadvantages the prohibition would bring the people of
the Continent under, will very quickly fall upon the contrivers
of it. They might then keep their rum and melasses to them-
selves, and be forced to send for their provisions and lumber
at their own risque, and pay such price as those who will furnish
them think fit to impose. Whereas, would they be content to
enjoy the trade as it is now carried on, the people on the
Continent would still be willing to take off their commoditys
as they have hitherto done, tho' under very apparent inequality
in all the branches of the trade between them. As to sugar it
must be acknowledged that the Plantations on the Continent
can hardly subsist without it, but then the people are not
ignorant that it may be had as cheap from England as from
AMERICA AND WEST INDIES. 261
1731. [406]
the place of its manufacture, allowing for the Plantation duty
paid upon the exportation of sugar from the West Indies to
other Colonys, and the drawback upon its exportation from
Great Britain. But admitting that the British Sugar Islands
and the Continent should mutually engage to carry on the
projected trade, and should be able to subsist without foreign
help, how are the gentlemen of our Islands sure that this
prohibition will diminish the trade of the foreign Colonys :
Have not the French new settlements going on both at the
mouth of the Messisippi, and at Cape Breton sufficient to furnish
their sugar settlements with lumber for cask, and with the
ordinary application of that Nation may be able in a few years
to furnish them with bread and other provisions ; and if they
want vessels for transportation, they may be supplied by the
present owners of ships in New England, Rhode Island and
Bermudas now the common carryers between the West Indies
and the Continent, who would then have nothing else to do but
to sell their vessels, unless they charitably delivered them up
to their discarded mariners to seek their fortunes in the way
of piracy, since 'tis morally impossible that such a number of
stout fellows as are now employed in that trade, can content
ymselves to starve on shore. The Dutch indeed they have
no settlements on the Continent to support their sugar
plantations, but 'tis not to be imagined that they will desert
them, if the West Indian gentlemen should prevail in their
pursuit : for since it is well known the Dutch can afford without
one stick of timber of their own growth to build ships much
cheaper than their neighbours, it will be no great difficulty for
them to find cash for their own sugar, without being beholden
to the British Plantations ; nor will they be under much greater
difficulty to transport thither provisions, such as their settle-
ments stand in need of, from Europe, when it is considered how
many ships of force and great burthen they send annually to
trade on the Spanish coast, which, besides their ordinary cargos,
can stow each a large quantity both of staves and provisions,
and deliver the same at Surinam and Curasso, where they
generally touch without any considerable interruption to their
principal voyage. Hence I think it appears that neither French
nor Dutch will be much embarrassed by the prohibition of
provisions or lumber ; and as for horses, it will be found, upon
a more strict scrutiny, that the number and value of them is so
very small, that it was not worth while to mention them for
any other reason than to shew that an horse is a creature which
may be employed to turn a sugar mill on occasion, as well as to
carry an officer out of the way of his duty, whilst an interloper
is loading goods prohibited by the ordinances of the port, as
most of the horse of any value carryed to the foreign islands
are designed. Seeing therefore that this prohibition can have
no other influence upon the foreign Sugar Islands, than to
262
COLONIAL PAPERS.
1731.
Sept. 9.
Inner
Temple.
Sept. 11.
New York.
[406]
quicken their diligence in improving their settlements so as to
want no supplies from us ; that it plainly tends to the increasing
of the foreign Navigation, and at the same time lessens that of
H.M. subjects ; that whatever specious pretences may have
been used to induce the Honourable House of Commons to the
passing of the bill, yet that the true design is to entail lasting
disadvantages on H.M. subjects on the Continent, by obliging
them to sell their commoditys to the West Indies at what price
those people are pleased to give, and to receive payment at an
advance on the goods they have in return, it will be no new
thing if the inhabitants on the Continent get from under the
load as soon as they can etc. To conclude, it is evident that
for so much foreign sugars as shal be taken off by H.M. subjects
on the Continent, whether the same be expended amongst
themselves or carried to Great Britain, so much less of that
commodity will be exported from these foreign colonys to
Europe, where it is the interest of England to keep the markets
under its own power ; and since it cannot be denied but that
if Great Britain could engross all the sugar made in America,
it would be of great advantage to the general trade of the Nation,
I humbly offer to your Lordships' consideration, whether in the
stead of this prohibiting bill, another might not be brought in,
whereby all H.M. subjects may be permitted to carry to the
foreign settlements all such commoditys as are not forbid by
law to be exported thither ; that, continuing still the same
restriction against the importation of goods of the growth,
production or manufacture of Europe, all such enumerated
commoditys as shall be laden at those foreign Plantations,
shal be brought from thence directly to Great Britain, or some
of H.M. Plantations under the severest penaltys ; and that
if any of the said commoditys are to be again exported, the
same shal be under the like bonds and restrictions as the
commoditys of the growth of H.M. Plantations now are. Such
an act would employ a great number of people on the Continent.
It will enlarge the importation of sugars into Great Britain,
and lessen that of our rival neighbours, besides many other
advantages etc. Signed, William Gooch. Endorsed, Reed. 10th
Nov., Read 7th Dec., 1731. Holograph. 7 pp. [C.O. 5, 1322.
ff. 187-190, 19U'.]
407. Certificate by H.M. Remembrancer that Lt. Gov.
Ogle has given security etc. Signed, James Pearse. Endorsed,
Reed. 9th Sept., Read 27th Oct., 1731. p. [C.O. 5, 1268.
ff. 20, 20i;.]
408. Rip Van Dam, President of the Council of New York
to the Duke of Newcastle. Abstract. Refers to letter of 1st
July. He thought it necessary to summon to the Assembly
in order to get a supply for the trading house at Oswego, the
AMERICA AND WEST INDIES.
263
1731. [408]
building of a new fort at Albany and the renewal of the Militia
Act and an Act for farming the excise, both of which were about
to expire. They are still sitting and have taken into
consideration the supply of Oswego, but have referred the
building of the fort till another Sessions, the small pox raging,
especially in this City, so that many Members are absent.
Encloses his speech and votes of Assembly etc. Signed, Rip
Van Dam. Endorsed, R. 3rd. If pp. Enclosed,
408. i. Journal of Assembly of New York, Aug. 25th-28th,
1731. Printed. 4 pp. [C.O. 5, 1093. ff. 168, 168u.,
169u.-171i> . ; and (duplicate of covering letter, endorsed,
R. Jan. 5th) 172, 178u.]
Sept. 11. 409. President Van Dam to the Council of Trade and
New York. Plantations. To same effect as preceding. Set out, N.Y. Col.
Doc. V, 924. Signed, Rip Van Dam. Endorsed, Reed. 5th
Nov., 1731, Read 17th May, 1732. 1 p. Enclosed,
409. i. Duplicate of preceding enclosure. [C.O. 5, 1056.
ff. 3, 40., 7-8v.]
Sept. 11.
Portsmouth,
New
Hampshire.
410. Lt. Governor Dunbar to Mr. Popple. Encloses receipt
for letters sent on 23rd Aug. Has waited in hopes of farther
orders from England and of seeing Governor Belcher, " tho'
the people at the new settlemts. are at a stand and idle for want
of me, and great numbers there waiting for me that have no
beginning to work upon " etc. Will now sail at once. Encloses
one of Govr. Belcher's lett passes, the fee whereof is but one
shilling sterl., as he fancies it would hardly be credited that he
would send such from another province, " the filling up is with
the hand of H.E.'s Naval Officer, pray observe it." Continues :
The new Collector therein named [Richard Wibird] had
a seizure made in his own warehouse of tobacco illegally
imported here, the Depty. Collr. from home made the seizure,
and of the vessel that imported it. After him the new Collector
seized and marked his own tobacco and vessel, and some other
vessels haveing been seized here by order of Governour Belcher
for omitting some little ceremonys with his new officers, the
Judge of Vice Admiralty with the Advocate General, and other
Officers of ye Court came hither from Boston, and held Courts
on the 9th and 10th inst. Each of said Collectors exhibited
their libels, the old Collector against the vessel and tobacco,
but the Judge, who is Mr. Belcher's brother by marriage, dis-
missed it and decreed costs of Court against him, the new
Collector dropt his seizure of his own vessel, and disowned
ye tobacco, wch. was thereupon condemned. I was all the
time in Court and was provoked to see such partiallity and
thereupon desird the trial might be adjourned to yesterday
morning with intent to get ye names of ye wittnesses from the
old Collector, which he readily gave me, but they were secretted
264 COLONIAL PAPERS.
1731. [410]
away, and when I complained in ye Court of the injustice done
to H.M. thereby, the Judge in open Court told me I came in
there as an informer, and harrangued the Court with telling
them with a high voice that as Surveyor of the Woods I putt
the poor people in terrors by seizures of their trees and logs,
all I could say to him availed nothing. I have often complained
of him to no purpose, besides his very great age (now 79 years)
he has allways been an unmannerly brutish man, notwith-
standing which I should have committed him for his insult
and treatment of me but in respect to my Lds. of the Admiralty
whose officer he is ; By the 46th Instruction to Govr. Shute
and 56th to the late Govr. Barnet, they were directed not to
admit any officer to act until they had quallifyed themselves
by takeing the oaths required by law, upon which, and not
knowing Mr. Belcher's Instruction upon that head, I produced
the two original beforementiond Instructions in Court and
thereupon delivered to the Court a paper etc., copy enclosed.
The Judge read it and was outragious calling it an odd, turbulent
paper. I desired the Advocate's opinion of it, wch. he refused,
but another lawyer told me ye qualification therein mentioned
was absolutely necessary in this Province. Notwithstanding
all this, he made decrees and went away wth. his officers to
Boston, boasting how he had used me ; a Leiut. Governour
under my present circumstances, as to power is a needless
officer lyable to affronts without remedy here, one instance at
this time of it is an order lately sent by the Govr. to a Capt.
of a troop of militia to meet H.E. with his troops on the lines
between the two Provinces next week without takeing any
notice of me. I am sensible I am under some obligations of
corresponding with the Comrs. of the Customes, but as I do
not know in what manner for want of Instructions, I beg
to be excused to them. I send you a copy of a comn. to a
new officer Mr. Belcher has made here. It may be presumed
that he will soon appoint Commissioners of Customes, since
he has begun to make officers that none such were ever here
before, this Comptroller is son to the new Collector, another
son is Deputy Naval Officer, and all concerned in one shop,
ships and warehouses. Lett me desire the favour Sir, that
a copy of this may be layd before my Lords Commrs. of the
Admiralty. My brother will do it if you permit him, and
if any part is requisite for the Commissioners of the Customes,
I beg the same favour etc. P.S. I told you that Governour
Belcher would not permit the Lt. Govr. of the Masachusets
to sitt in Council with him. Here the Lt. Govrs. allways sat
at table and were Councillours by particular mandamus to
each, and as I have none such, if the Govr. does not except
against my sitting in Council, I must sitt mute there, not having
any right to open my mouth, but my goeing to Fredericksfort
will prevent all disputes until I hear from you. It is now
AMERICA AND WEST INDIES. 265
1731. [410]
Sunday morning the 12th of 7ber. Since yesterday I have been
told by several people that Mr. Belcher's friends rejoyce openly
at the treatment I met with from the old Judge of the
Admiralty, but if he had sayd or done more I had no remedy,
all officers and majestrates here refuseing any obedience but
to the chief Governour's orders. I had a late instance of this
from one of the Sheriffs, who refused to obey my warrant to
search for the tobacco beforementioned ; surely the Commis-
sioners of the Customes will take some method to prevent such
abuses, and not trust shopkeepers and merchants wth. the care
of the customes abroad. The Advocate General has given me
his opinion that the words absence and return in the clause of
Belcher's Comn. etc. must be expounded a personal departure
from or a personal presence in the Province etc. Awaits deter-
mination from home etc. Signed, David Dunbar. Endorsed,
Reed. 1st, Read 10th Nov., 1731. 6 pp. Enclosed,
410. i. Warrant by Governor Belcher's Warrant appointing
Richard Wibird jr., Comptroller of H.M. Customs in
the County of York and Port of Newbury, N.H., 30th
Aug., 1731. Signed, J. Belcher. Endorsed as pre-
ceding. Copy. 1^ pp. Overleaf,
410. ii. Extract from Governour's Commission impowering
him to appoint a Collector only, in case of death or
absence of the Surveyor General of Customs. | p.
410. iii. Receipt for pacquets from Lt. Govr. to Mr. Popple,
Lord Harrington, Charles Delafaye and Martin Bladen,
etc. Aug. 23, 1731. Signed, Richard Stephens. | p.
410. iv. Pass for a vessel to pass. Fort William and Mary.
27th Aug., 1731. Blank form. Signed, J. Belcher.
Slip.
410. v. Paper delivered to the Court of Admiralty by Lt.
Governor Dunbar. Portsmouth. 10th Sept., 1731.
Whereas a Court of Vice-Admiralty was yesterday
held in this town, which proceeded upon the tryal of
several cases without any commission being proclaimed
or registred within this Province by the Judge and
some other officers of the Court or without taking
the oaths required by law etc., I desire the opinion of
the said Court or of H.M. Advocate General, how far
it was necessary that the said Commissions should be
read or entered and the oaths taken as above. Signed,
David Dunbar, Lt. Gov. Endorsed as covering letter.
Copy, certified by, John Boydell, Regr. 1 p. [C.O.
5, 873. ff. 248-2501?., 251i>.-254u.]
Sept. 15. 411. Richard Partridge, Agent for New Jersey, to the Duke
London. o f Newcastle. Encloses following and prays that a separate
Governor may be appointed for New Jersey. Signed, Richd.
Partridge. 1 p. Enclosed,
266 COLONIAL PAPERS.
1731.
4-11. i. Copy of Address of Council of New Jersey, July 18,
1731. v. supra. 19th July. [C.O. 5, 983. ff. 29,
30-32.]
Sept. 16. 412. Duke of Newcastle to Major Genl. Hunter. I have
Hampton received the favour of several of your letters, the last of which
is dated the 5th of June, and have laid them all before the King :
H.M. was glad to find that the Assembly had resolved to subsist
the two regts. for six months more ; but H.M. being willing
that his subjects in that island should be eased of that expence
as soon as it can be done with safety and convenience to the
troops, it not appearing from the accounts that have been
received from thence that those Regts. can be of any great
use in suppressing the rebellious negroes, intends shortly to
order that they should return home, and those orders will be
dispatcht soon enough, to arrive at Jamaica about Janry. next,
which is thus calculated out of regard to the proper season for
their voyage home, and to the health of the officers and men,
which might suffer extremely, were they to come home in the
depth of the winter ; But of this you are to take no notice,
that the soldiers may be the rather induced to accept the bounty
that will be offered them to go into the Independt. Companys,
and the encouragemt. which it is to be hoped you will be able
to procure by an Act of the Assembly for their settling at
Jamaica, which must, by the increase of white inhabitants,
be a great advantage to the island. That there may be a
sufficient force for its security when the regts. are gone, H.M.
has sent orders to Lt. Col. Cornwallis, or the Commanding Officer
in either of the two regiments to review the two Independt.
Companys and to compleat them by draughts to be proportion-
ably made out of the two Regts., of such soldiers as shall be
willing to serve in the sd. companys, to whom, as an
encouragemt., a bounty of IOL sterling a man is to be paid upon
their being entered in the said companys, by the respective
Captains thereof, out of the non-effective money lying in their
hands ; and their wives, as well as those of the soldiers that
shall be willing to become inhabitants, are to be sent to them
at H.M. expence, if they desire it ; But tho' the King would
have all means of persuasion and encouragemt. used to engage
the soldiers to remain at Jamaica either in H.M. service in the
Independt. Companys, or as inhabitants, yet it is H.M. pleasure
that they should not be obliged to it by force or constraint, but
that it be left to their free choice and option, whether they
will do either, or return home with the regts. to which they
belong. For your better information and direction, I send you
by H.M. command, copys of two reports, upon this subject,
of the Lords Commissioners for Trade and Plantations, by which
you will see in what manner they propose that such of the
soldiers, as shall be willing to remain in the Island, as
AMERICA AND WEST INDIES. 267
1731. [412]
inhabitants, be encouraged and settled. And accordingly, if
the soldiers that shall be fixt in the new settlemts. should
want arms for their defence, H.M. in that case is pleased to
direct, that they should keep those they now have. The King
cannot doubt, that the Assembly will have a due sense of H.M.
goodness to them in being graciously pleased to consider their
welfare and safety, so far as to spare those men from his own
service for the better peopling of the island, and will not be so
much wanting to themselves as to neglect contributing what
may depend on them, for improving so fair an opportunity to
the advantage of their country, which in all probability, may
not offer again in the course of many years. As to what is
further suggested by the Board of Trade, in relation to the
endeavouring to reduce the rebellious negroes to H.M. obedience
by fair means, you will take the best methods you can to discover
the disposition of their ring-leaders, and those who have the
most credit and influence among them, and if you find it to be
such, that they may by persuasion and good usage be made
good subjects to H.M., you will learn in what manner, and upon
what terms this may be accomplisht, whether by giving them
a settlement in some of the uninhabited islands in America
belonging to H.M., as is mentioned in the enclosed report,
which if you find practicable you will make the necessary
dispositions for it, or whether it may be put into any other
method that will equally answer the same end, in which case,
as well as in the other, you will prepare matters for it, without
wayting for further orders from hence. And in the execution
of H.M. commands contained in this letter, you will conform
yourself to what is proposed by the Board of Trade as far as
may be agreable to the directions which I have given you by
H.M. order. You will see by this letter, that it is H.M.
intention, as soon as it is consistent with the safety of the
troops, to send for them home ; but at the same time to provide
for the security of the Island by compleating the Independent
Companys up to their full complement, and by encouraging
the private men of the two regts. to settle in the island and
become planters, which must be of the greatest advantage by
adding so considerably to the number of white inhabitants,
which at present is so very small. H.M. does therefore expect
of you, that, without having any view to the keeping of the
regts. in the island, you should without loss of time, take the
proper measures, in conjunction with Lt. Col. Cornwallis, or
the Officer Commanding in Chief the two regts., to engage the
soldiers, in consideration of the ten pound bounty, which is to
be given each, to enter into the Independt. Companys, and
also use your utmost endeavours to induce the Assembly
forthwith to give all proper encouragemt. to such others, as
may be willing to settle in this island and become planters.
I wish I could have sent you H.M. approbation of your conduct
268 COLONIAL PAPERS.
1731. [4121
relating to the two Regts., before and since their arrival at
Jamaica ; and I must particularly take notice to you, that the
King expected to have had from you a full account of every-
thing that past either in the Council or Assembly upon this
subject, whereby H.M. might have been the better able to
judge of the necessity of continuing them in that island, or
not, and more fully informed of the sense and opinion of his
subjects there in this respect. The King has received an
account from other hands, that the Assembly had sent a message
to the Council, whenever they expressed themselves in a dutyfull
manner towards H.M., but seemed plainly to be of opinion
that the regts. were not necessary for the safety of the island,
nor would be of any service towards suppressing the rebellious
negroes, otherwise than by permitting the soldiers to become
settlers. H.M. was surpriz'd that you take no notice of this
in any of your letters ; and I send you a copy of the message
itself, that you may see the foundation there is for mentioning
it to you. Signed, Holies Newcastle. Endorsed, Duplicates
sent, 16th Nov. by a man of war, 18th by a merchantship.
Draft. 7 pp. Enclosed,
412. i. Message from the Assembly to the Council of Jamaica.
The House have disagreed to the amendments proposed
by your Honours' message of yesterday to the Address
to His Majesty. 1st. For the inserting the word,
'Will', instead of the word, 'May', is taking upon us
affirmitively to assert that that will be which may not
and which we are the more inclined to fear may not
be, unless by permitting the soldiers to become settlers,
because we neither find that any of the rebel negroes
have hitherto been killed or taken by them, nor are
we convinc'd that they [are] so well able to endure the
inconveniencys of passing through the woods, as men
more seasoned to the climate. 2ndly. For that as no
such necessity as yet appears to us at all, but on the
other hand it appears by the Minutes of the last
Assembly, within 10 months last past that on con-
sideration for a motion for inviting a body of regular
troops, the house did reject the motion and resolved
that the bringing over of families and providing for
them would be the most effectual method of settling
the island, and accordingly did pass a bill entitled
an Act to oblige the inhabitants to provide themselves
with a sufficient number of white people in proportion
to their number of negroes and values of their estates
to be sent out and barracked in proper places to reduce
the rebellious negroes and encourage the further
settling the island, which had your Honours agreed
to would annually have brought into the island an
additional number of 800 men, at the same expence
AMERICA AND WEST INDIES. 269
1731. [412. i]
the subsisting these two regiments are to the island,
and reduced the rebellious negroes. Nor hath this
house in providing a subsistance for the said soldiers
been influenced so much by apprehensions of danger
as by the defence to H.M., and their unwillingness
to let so many gallant officers and soldiers want any
necessaries, until such time as H.M. might be informed
of our inability to bear so great a burthen. Copy.
l%pp. [C.O. 137, 53. ff. 372-376t;.]
Sept. 21. 413. Council of Trade and Plantations to the Rt. Honble.
Whitehall, the Lord Harrington, one of H.M. principal Secretaries of
State. Enclose following to be laid before the King. As soon
as they have completed enquiries they are making, they will
transmit their representation relating to the trade between
Great Britain and Sweden as directed 20th July, 1731 etc.
Annexed,
413. i. Same to the King. In obedience to H.M. commands,
28th Aug., have considered letters from Mr. Finch
relating to an offer by the present Duke of Courland
for the sale of Tobago to the Crown of Sweden.
Continue : Upon this occasion we beg leave to
acquaint your Majesty that heretofore the Dukes
of Courland have had their pretentions upon this
island founded on a grant made to them by King
Charles II in 1664, under certain conditions and
services to be performed to the Crown of England ;
But on the other hand, it appears from the ancient
books of our Office, that the Dukes of Courland have
not comply'd with those stipulations, and we find
that when Monsr. de Blomberg, who was Agent for
the D. of Courland at this Court in 1686, presented
a memorial to the late King James the 2nd, praying
H.M. permission that a small number of English
families might be at liberty to contract with his master,
in order for their settling upon the island of Tobago
in conjunction with other families natural subjects of
the Duke of Courland, and that the Govr. of Barbados
might receive H.M. Orders to assist ye intended Colony
with all that was necessary for their establishment at
reasonable prices, Monsr. de Blomberg then received
the answer which we have taken the liberty to annex
to this representation [v. C.S.P. 1686. No. 1033],
by which it appears to have been the opinion of the
Lords of the Privy Council in that reign, and likewise
of the Attorny General, that the original grant of this
island to the Dukes of Courland was void in law. We
beg leave therefore to represent to your Majesty, that
as nothing has been transacted since this answer was
270 COLONIAL PAPERS.
1731. [413. i]
made, wch. can be of any force for the revival of the
Duke of Courland's title ; it is to be hoped, his Swedish
Majesty will not give ear to any proposal that may be
made for the sale of Tobago to the Crown of Sweden
which might produce such consequences as would tend
to weaken the particular friendship which has so long
subsisted between your Majty.'s royal family, and that
of His Swedish Majesty, as well as the good under-
standing and harmony which have been so happily
cultivated of late years between the Crowns of Great
Britain and Sweden. [C.O. 29, 15. pp. 233-236.]
Sept. 24. 414. Address of the President, Council and Assembly of
St. Christophers to the Council of Trade and Plantations.
Represent that a trade hath been set on foot and carried on for
some years past between the subjects of Great Britain in Boston,
Rhode Island and other places in New England and the
subjects of the French King in Martinique and other adjacent
islands and also with the Dutch in Surinam, which trade tis
concerned is contrary to the tenor of a Treaty now subsisting
between Great Brittain and France, the view and designe
of all our laws relating to trade and that in this trade the
French are furnished by Englishmen with horses, fish, boards,
staves and other lumber. These are commoditys absolutely
necessary to a Sugar Plantation and had the English made use
of the advantage they had in their hands by being possessed
of the only places in America from whence the French could
draw these commoditys either in such quantitys as they wanted
or at such rates as they could afford to give and withheld them
strictly from them, the difficultys which in that case they would
have found themselves under might have checked the design
of turning those islands to sugar plantations, at least it must
greatly have stopped the progress of it. This as wee apprehend
will plainly appear to your Lordshipp when 'tis consider'd what
quantitys of sugar Martinique in particular made at any time
before the conclusion of the last war (when they had not the
means of being furnished with these commoditys) and what
they have made since. On the other hand, by neglecting this
advantage and permitting this trade to be carried on without
restraint the French have settled great numbers of sugar
plantations in those islands, are become so populous there as
to endanger the security of H.M. Leeward Islands and if some
way cannot be found to stop their progress will soon be able
to supply all the marketts in Europe and become entire masters
of the sugar trade. That by allowing this commerce to be
carried on by the people of New England, with the French and
Dutch, the trade of Great Brittain will suffer in many other
branches of it besides the sugar trade, for that the English may
and frequently do take forreign commoditys in exchange for
AMERICA AND WEST INDIES. 271
1731. [414]
their own goods and by that means prevent the consumption
of the Brittish manufactures. That besides the danger
threatned to Great Brittain in the sugar trade by being our-
selves the instruments in forwarding and promoting the
settlement of the French and Dutch Colonys and besides the
prejudice which may accrue by such a trade to the Brittish
manufactures, wee apprehend that this and the rest of H.M.
Leeward Islands labour under hardships from it which we hope
your Lordships wont think it reasonable for us to suffer especially
when it is considered that tho' some advantage may accrue to
New England by it yet they are not such as will counterbalance
the dammages which the Sugar Colonys suffer and the
advantages that are thereby given to a people that are rivals
to us in the same trade. For it lessens the consumption of the
rum and molasses of the English and increases the consumption
of the same manufactures of the French and with this further
advantage to them likewise that a great part of the materials
which go to the making these manufactures if they could not
exchange them with the English would be lost to them. It
also lays us under the necessity of buying these commoditys
at a dearer price which enables the French to under sell us
in our sugars and it drains us of our current coin which is
often received by the people of New England from us in
payment for the goods they bring, and carried to the French
to purchase those commoditys which we ought in reason to
furnish them with. That His late Majesty was so sensible of
the mischiefs that would ensue to his Sugar Colonys by this
trade that it was no sooner known to be sett on foot but he
gave the strictest commands to the Governours to be watchfull,
and to use their utmost diligence to prevent it. That the
Brittish subjects lye under many other disadvantages in the
Sugar Trade which at this time may deserve Your Lordshipps'
consideration particularly in not being allowed to carry their
sugars to any foreign markett till it has first been imported to
Great Brittain, which gives the French who are free from any
such restriction an oportunity to supply the forreign marketts
before us and without the charges of a double voyage which
we are lyable to, so that they are enabled to undersell us by
at least twenty-five pr. cent., and it is to be feared they not
only have this advantage of us in the forreign marketts, but
that they do supply some of our own people and particularly
Ireland with great part of the sugars they consume etc. Pray
the Board to promote the passing of some law in Parliament
which may effectually put a stop to a commerce so destructive
to the Brittish sugar trade and give new life and vigour to it.
Signed, Jos. Estridge, six members of Council, and J. Spooner,
Speaker of the Assembly. Endorsed, Reed. 2nd, Read 7th
Dec., 1731. I large p. [C.O. 152, 19. ff. 81, 8lv.]
272 COLONIAL PAPERS.
1731.
Sept. 24. 41 5. Governor Hunter to the Duke of Newcastle. Encloses
Jamaica. Address of the Council, which they humbly pray may be put
into H.M. hands. Continues : The two regiments here are
in a wofull state some companys having lost more than half
their compliment cheifly owing to drunkenness. The remote
quarters have bury'd fewest. I have sent to the Secretary at
War the last monthly states that are come to my hands. From
him I had advice of H.M. order for the sale of the provisions
arrived here, which was accordingly done, but I have not as
yet got the account of sale etc. Will write more minutely of
affairs by one of H.M. ships to sail shortly etc. Signed, Ro.
Hunter. Endorsed, R. Jan. 17th. If pp. Enclosed,
415. i. Address of Council of Jamaica to the King. St. Jago
de la Vega. Aug. 3, 1731. Return thanks " for the late
gracious and seasonable of your paternal and extensive
care of the safety and security of this your island in
sending over two regiments for our protection against
our slaves in rebellion," who are grown more numerous
and insolent notwithstanding the almost insupportable
expence the country has been at in endeavouring to
suppress them. Our loyalty and gratitude your
Majesty etc. readily engaged us to endeavour at
obtaining an additional subsistance for them on their
first arrival here, which has with great difficulty been
obtain'd for them by two laws for that purpose, which
are to last for twelve months only, and altho' wee
humbly conceive their presence and being kept up
compleat is now so absolutely necessary for our safety,
that if they are withdrawn the negroes (wee fear)
would soon be sensible of our weakness and nakedness,
and make a fatall use of that opportunity ; yet wee
think ourselves bound in duty with all humility to
lay before your Majesty the declining condition of
this once flourishing Collony occasioned by the entire
loss of all our trade with our neighbours, the very low
price which our now only staple commodity (sugars)
bears in the European marketts, the great and heavy
taxes wee have long groaned under for the extirpation
of those our cruel intestine enemys, the frequent and
dreadfull calamitys wee have suffered from the hand
of Heaven, and the daily decrease of our white
inhabitants, all which render us very unable to raise
a sufficient subsistance for those troops, so seasonably
sent us for the security of our lives and fortunes, and
gives us great reason to apprehend that at the expira-
tion of the said twelve months, it will not be in our
power to prevail with the Assembly here to subsist
them for any longer time. Therefore from your
Majesty's known indulgence and beneficence to all
AMERICA AND WEST INDIES.
273
1731.
Sept. 25.
Whitehall.
[28th]
Sept.
London.
Sept. 29.
Sept. 30.
Custom
House,
London.
[415. i]
your people, and the use and advantage this island
is of to all your Brittish subjects, wee are embolden' d
to become humble suitors to your Majesty that you
would be graciously pleased to continue those troops
here for our safety and protection, and in your royal
wisdom to take such methods for their additional
subsistance as may be for the ease of your subjects the
inhabitants of this island etc. Signed, By order of the
Council, Jos. Maxwell Cl. Concil. 1 large p.
415. ii. Lists of Officers and privates of the two Regiments
in Jamaica, Aug. 23, 1731, showing effectives 225
and 237 and wanting to complete, 115 and 103.
Signed, Ste. Cornwallis and Jas. Fountain. 2 pp.
[C.O. 137, 53. ff. 364, 364i;., 365*;., 366t;., 367, 368,
370.]
416. Mr. Popple to Mr. Lowther. Repeats request of Aug.
26th q.v. [C.O. 29, 15. pp. 237, 238.]
41 7. Mr. Partridge to the Council of Trade and Plantations.
Begs for report upon Acts of New Jersey pursuant to order of
reference (7th July), etc. Continues : I have yesterday
received again advice from the Speaker of that Province that
they are much in want of the Act for emitting a paper currantsy
(to enable the inhabitants to support their Governour discharge
their engagements in the loan office etc. ) : their Province is situated
between New York and Pensilvania and their paper money being
currant in each, occasions the dispersing it through the whole
and it's scarce a third part of it continues in their Province so
that they found 40,OOOZ. was full little enough to maintain a
currantsey and carry on a trade, much the greater part of which
(as they write) is now sunk and the Act which raised it requiring
that those who borrowed it should pay it in agein in the same
specie, put the borrowers under very great difficulties to procure
it, and those difficulties will yearly augment by the sinking of the
said bills, therefore as well for carrying on our comerce with
their neighbours maintaining a trade among themselves as to
discharge their engagements in the loan offices a further quantity
of money seems absolutely necessary. Signed, p. Richd.
Partridge. Endorsed, Reed. 28th Sept., 1731, Read 8th March,
178$. 1 p. [C.O. 5, 972. ff. 227, 230i;.]
41 8. Petty expences of the Board of Trade, Midsummer to
Michaelmas, 1731. (v. Journal). 5 pp. [C.O. 388, 80. Nos.
10-12.]
41 9. George Phenney's Commission from the Commissioners
of Customs to be Surveyor General of H.M. Customs " in the
Southern part of the Continent of America." Copy. [C.O.
324, 49. ff. 79, 80.]
Wt. 441
C.P. XXXVIII ] 8
274 COLONIAL PAPERS.
1731.
[? Sept.] 420. Draught of H.M. Additional Instruction to Governor
Hunter. Revoking former instructions as to securing piratical
goods and directing him to be assisting to Robert Byng,
appointed Receiver General of the rights and perquisites of the
Admiralty on 9th Aug., and to make up his accounts with him
or his deputies of all such rights or pirates' goods etc. [C.O.
324, 11. pp. 244, 245.]
Sept. 30. 421 . Lt. Gov. Gledhill to the Duke of Newcastle. I arriv'd
Piacentia. here ye 23d of Augt, with the Fort Major and recruits to
compleat ye compa. to 30 men. Governr. Clinton and Capt.
Osburne hath been here but staid a few hours so I tho't it my
duty to lay before yr. Grace how necessary more troops are
wanting here. This port being now ye most considerable fishing
port in America and worthy of yor. Grace's protection I annex
hereto, ye state of this year's fishery, and allso the Fishing
Admiral's letter of complaint and humbly submit it to yor.
Grace. Signed, S. Gledhill. Endorsed, R. 21 Dec. Holograph.
1 p. Enclosed,
421. i. Scheme of the Fishery of Piacentia for 1731. Number
of British fishing ships, 22, sack ships, 4, 3000 tons ;
men 1500 ; from America 4, 900 tons, 120 men.
Passengers on the British ships, 243. Boats owned
by inhabitants, 21, by British ships, 180. Quintals
of fish made by British ships 75,000, by inhabitants
5,000. Carried to foreign markets, 80,000 quintals ;
tierces of salmon 100. Tons of train oil made by
inhabitants, 20, by British fishing ships, 260. Prices
of fish, 25 rials pr. quintal, salmon Si. per tierce, train
oil, 12Z. 55. pr. ton. Seal oil and furs taken last winter,
none. Number of stages, 26, train fats, 26. Number
of families who keep private houses, 24, who keep
publick do., 6. Number of inhabitants, masters 30,
men servants 100, mistrises 11, women servants none,
children 38. Remained last winter, masters 30,
men servants 190 (sic), mistrises 11, children 38.
Born, since the departure of the last convoy, 4, died, 2.
Signed, S. Gledhill. 1 p.
421. ii. Fishing Admirals of Piacentia to Governor Gledhill.
Piacentia, Sept. 10, 1731. Sr. We take the liberty
to lay before your honour the grievances that we have
suffered during your absence these two last winters
by evil-minded people who distroyed and puled down
all our houses, cook rooms, wharfs and stages, which
is very distructive to our fishing voyages the ensueing
season and is of fatal consequence to the Fishery.
The new Justices we trusted and believed wo'ld have
taken some care to prevent such disorders by them-
selves or some proper persons. But we were mistaken,
AMERICA AND WEST INDIES. 275
173]. [421. i]
two of them being abroad in Europe and the other
sick at home. They wo'ld insinuate that the troops
in the Garrison were blameable on this head, therefore
we pray your Honour will represent this to the
Secretary that the Garrison may be supplyed with
coal in lieu of wood for their fires and suffer the soldiers
to patrole soe in the winter as may prevent the dis-
truction of our sd. houses and wharfs etc., the loss
whereof is very great to our owners and a hindrance
to our prosecuting their business in the spring haveing
noe place to land our goodfs] in at our arival. Signed,
James Chappie, Admiral, Chr. Chappie Vice- Admiral,
Williams Brooks R. Admiral, William Chappie, John
Brooks. 1 p. [C.O. 194, 24. Nos. 21, 21 i, ii.]
Oct, 1. 422. Governor Clinton to [? Mr. Popple]. Sir, In my
Salisbury, former of the 25th July last, I acquainted you of my arrival
here, and that I was proceeding to Placentia, to veiw that
Garrison, (of which I have transmitted the report) and to
adjust the differences that might happen thereabout, all which
I have settled in the best manner I was capable, tho' these are
a set of people that no one person living can please ; but I need
not give their Lordships the trouble to represent them, Capt.
Osborn having often repeated it : However the copys of the
several petitions, letters and affidavits, that have occurred to
me during my Government and command this season, together
with some material orders I issued thereon, will I hope be
sufficient to convince their Lordships how difficult, and almost
impossible it is, to govern such a sort of people under the present
establishment.
The Admirals do really take so much upon themselves, that
unless it be to serve their own turns, (or to get a reward as I
am very well informed they have) they cannot be prevailed upon
to hold a Court, to serve the injured and distressed, of which I
have complained to them in my letter of the 23rd past, since
which they have held one Court, and at my desire will hold
another the 2d instant. They do in general, publickly declare,
they are supported in what they do, by an act of Parliament ;
and that it is not in the power of his Majesty to grant a com-
mission, or settle any civil power here. The ignorant people are
possess'd therewith ; their orders are obeyed, and mine tore,
and those I send them by very much abused ; two whereof are
now imprison'd here, in order to be tryed the next Quarter
Sessions for their contempt. Their Lordships will also find
(by a copy of the Representation, the Justices of this place
have sent me) the inconveniency and hazard the island is
exposed to, by the transportation of felons to this part of
America, and the number of Irish Papists that resort here in
the Fishing season, and remain the winter, both which (I must
276 COLONIAL PAPERS.
1731. [422]
concurr with the Justices in opinion) are of dangerous conse-
quence. Several of the felons lately brought over, have been
guilty of theft, and threatned murder to the very masters they
lived with, tho' Justices ; whose account thereof I also send
a copy. The Irish are grown so insolent, that they openly
declare, they wish for nothing else, but the French to come
over, and they will join them directly ; for there is not one but
has his fire-arms. They are very much supported by one Rowe
at the Bay of Bulls, an English Papist, and master of a ship,
who takes upon him to determine everything in their favour
(tho' no Admiral) of whose transactions I have inclosed a part,
for their Lordships perusal. And now at my departure, I have
been crowded with numberless complaints ; and certainly such
barbarous, unjust and scandalous behaviour to one another,
was never seen in a Christian country. The Admirals, master
and leading trading people, seem, I think, to devour the rest ;
they send their boats, take the people's effects by force from
their flakes and stages, without any regard to the other
creditors, nay even giving the owners the satisfaction to see
it weighed, or knowing what is taken from them. Upon which
I published my order of the 24th instant (which is at the
conclusion of my remonstrances) that all might know I was
determined to put a stop to such base and vile proceedings, one
towards another, and partly the methods ty which I intended
it. I shall always make it my study to execute H.M. commands
to the utmost of my power, and my endeavours here has been
to do justice to all partys without partiality. But unless their
Lordships will please to consider of some more effectual means,
to redress the many greivances I have represented, it will be
impossible for me to regulate this Fishery to the strictness of
my Commission, and much less can the Justices and other
civil Power be supposed to rule, that are to act under me. I
shall defer what I have further to say till such time I have the
honour to wait on their Lordships myself etc. Signed, Geo.
Clinton. Endorsed, Reed. 10th Nov., 1731, Read 9th March,
173|. 4 pp. Enclosed,
422. i. Attorney General to the King. Dec. 29, 1730. In
reply to H.M. commands quotes clauses in Newfound-
land Act relating to the process of Fishing Admirals
etc. Continues : Whereby it appears that the whole
authority granted to the Fishing Admirals is restrained
to the seeing the rules and orders, contained in that
Act, concerning the regulation of the Fishery there
duely put in execution and to the determination of
differences arising between the masters of fishing-
boats and the inhabitants, or any by-boat keeper
touching the right and property of fishing rooms,
stages, flakes or any other building or conveniency
for fishing or curing of fish in the several harbours or
AMERICA AND WEST INDIES. 277
1731. [422. i]
coves of Newfoundland, which is a kind of civil
jurisdiction in particular cases of property ; whereas
the authority of Justices of the Peace extends only
to breaches of the Peace and other criminal matters ;
and therefore I am humbly of opinion that the powers
granted by your Majesty to Capt. Osborne to constitute
Justices of the Peace in Newfoundland is not contrary
to or inconsistent with any of the provisions in the
said Act, and that there is no interfering between the
powers given by that act to the Fishing Admirals and
the authorities which Justices of the Peace are invested
with by their Commission. Signed, P. Yorke.
Endorsed, Referred to in Capt. Clinton's letter of 1st
Oct., 1731, Reed. 10th Nov., 1731, Read 9th March,
173^. (? Rectius, enclosed in D. of Newcastle's letter
of 23rd Nov., 1731). Copy. 5% pp.
422. ii. Proceedings of the Governour, Justices of the Peace
etc. of Newfoundland.
(a) Governor Clinton to Edward Hopley, Store-
keeper of the Ordnance at Placentia, demanding an
account of the stores of war etc. 7th Aug. 1731.
(b) Same to Samuel Gledhill, Lt. Governor of
Placentia. Orders to proceed in accordance with his
Instructions. The Justices of the Peace complaining
of the refusing to comply with the Article requiring
him to be aiding and assisting H.M. Justices etc., he
is to pay strict regard to it, or answer at his peril.
Placentia, 10th Aug., 1731.
(c) The establishment of the garrison at Placentia
etc. The parapet and redoubt of the Fort require a
dressing of stone etc.
(d) Petition of Thos. Buchanan of Great Placentia
to Governor Clinton. Prays for an order to Mr.
Boudet to pay a debt of 60Z. etc.
(e) Governor Clinton to Michel Boudet. Order to
pay Wl. yearly. 10th Aug. 1731.
(f ) Petition of John Marshall of Placentia to Governor
Clinton. In behalf of Mrs. Ann Wroe, Geo. Campbell
and Peter Luce, executors of Joshua Wroe of Boston,
requests order to Edward Mills to account and pay
for merchandize consigned to him by said Wroe.
(g) Governor Clinton to the Fishing Admirals of
Placentia. 10th Aug., 1731. Order to oblige Mr.
Mills to account and pay.
(h) Thomas Salmon and Thomas Buchanan to
Governor Clinton. Placentia, 10th Aug., 1731. Have
served as Justices of the Peace without complaint for
3 years ; but this morning saw a most scandalous
complaint given in by Lawrence Herder and others,
278 COLONIAL PAPERS.
1731. [422. ii]
laying before you, that they were most barbarously
used by us, and that we connived with some New
Englanders to their great hurt, and also imposed upon
them very much by making them pay 45s. yearly for
their licences. They all sell beer etc. and keep
victualling houses, and it is no hardship to them to
pay such a small summe, necessary for repairing the
Church and mending the road to Little Placentia etc.
Request to resign their Commissions.
(i) Order by Governor Clinton to the Justices at
Placentia. 10th Aug. 1731. You are to suspend
L. Hearder for a month from keeping any publick
house, and take security for his good behaviour, " and
do the same to any other person who shall in that
business behave themselves disrespectively " etc.
For the future 205. and no more is to be demanded
for granting and renewing licences to public houses
etc., and an exact account to be kept etc.
(j) Governor Clinton to the Justices of the Peace
within the district of Trinity. St. Johns, 22nd Aug.,
1731. Has made a new Commission, leaving out
Jacob Tavernor on account of his being a Dissenter,
" and some other disturbances he has been guilty of,"
and putting in his room Richard Waterman, who is
to take the oath before Lt. Hughes, whom he has
appointed to go to the norward, in order to settle things
in the best manner he is capable of. The Justices are
all jointly to act in the said Commission, and " not
one to have more power than another, nor one to
contradict what another orders, it being impossible
to keep up any manner of Government when any such
divisions happen."
(k) Same to Same. Mr. Kilpatrick having reported
that there are no Churchwardens for the Church of
Trinity, they are to hold a meeting for the election of
same. Dated as preceding.
(1) Governor Clinton to Lt. Richard Hughes, H.M.S.
Salisbury. Instructions to proceed to several harbours,
and there assist fishing admirals, determine disputes,
prevent illegal trade, punish offenders, obtain infor-
mation for answers to Heads of Enquiry etc., and
prevent any foreign vessel fishing in these parts, with
due regard to Articles 13 and 14 of Treaty of Utrecht.
Dated as preceding.
(m) Justices of the Peace of St. Johns to Governor
Clinton. 20th Aug. 1731. Represent the difficultys
they meet with and the insults they are exposed to
in the execution of their Commission etc., and other
grievances, which if not speedily prevented, must
AMERICA AND WEST INDIES. 279
1731. [422. ii]
destroy the present establishment etc. Continue :
In the first place we humbly present the danger the
country is in, and will be more exposed to, in case of
a French war, by the bringing hither such a number
of Irish Roman Catholicks, being 300 or more every
year, insomuch that three quarters of the inhabitants,
on the So. and West part of the Island, are of that
sort, and who, we have very good reason to think,
will to a man join the French interests, as they have
opportunity, which will soon be given them by the
French from Cape Briton, whenever a war happens ;
those people from Ireland being all Papists, brought
from inland places, and many from gaols, very ignorant
and insolent, and naturally prejudiced against English-
men and Protestants ; and the ill consequence
attending their setling here in such numbers is most
apparent. We also desire to represent the danger we
are exposed to by the transportation of felons, from
Great Briton hither ; which before this year hath not
been known, and since which five of the basest and
most barbarous murders have been commited, that
ever was known in this Island, and not without strong
suspicion of its being done by some of them etc. As
we are a Constitution not so capable of defending
ourselves from such insults, as others of H.M. Planta-
tions, which are under better regulations, and have
men and money for defence and security thereof at
the publick charge, we pray that the fear we are in
from such bandits may be removed, by their being
obliged to depart this island etc. Represent the charge
and difficulty of sending to England for trial persons
charged with capital crimes, with witnesses etc., the
persons so offending generally having nothing to
forfeit, the charge must be levied on the people of the
district, in which they are convicted ; which how
hard, or even impossible it is to be done, is obvious
to all who are acquainted with the indigent condition
of the people here ; then after all, the charges must
be paid by us who act, or imploy any person in such
an affair, and without any reward, credit or thanks etc.
By an order from Governor Osborn, a tax was levyed
in 1729 of half a quintal of merchantable fish on all
fishing boats, and half a quintal on all boats' rooms,
within this district, towards erecting a prison in St.
John's. The said prison was began, in expectation
that the tax would have been duly complyed with ; but
several have refused to pay, and upwards of 50/. hath
been advanced towards the said building, above what
hath been reced. for that service, and no prospect at
280 COLONIAL PAPERS.
1731. [422. ii]
present of having the same reimbursed. And as some
are poor and cannot, and some refuse to pay, it was
thought the most proper method this year, to rate
three pence on the pound on all servants' wages,
imployed in the Fishery (exclusive of the shipping)
to finish the said prison, and that all masters should
account for the number of their servants and detain
in their hands threepence per pound out of their
wages etc. Which good intentions of ours meets with
unjust censures, and insinuations are spread abroad
that the money so raised, will be converted to our own
use, and both masters and servants refuse to comply
therewith, being thereto influenced by the Admirals,
and most of the masters of vessels in the harbour, so
that unless you will please by some severe methods
to oblige them to their duty etc. the prison must remain
unfinished ; and those who have advanced so much
money be great sufferers, and our persons and office
contemned and ridiculed etc. Pray H.E. to secure
for them an explanation of the Act of Parliament
relating to the Trade and Fishery of Newfoundland,
in particular of the extent of power given to the
Admirals, " and for instructions how we are to proceed
in the execution of our office, without interferring
with the power granted to them thereby." Signed,
Willm. Weston, A. Southmayd.
(n) Governor Clinton to the Collectors for the
Prison at St. Johns. Salisbury at St Johns, 27th
Aug. 1731. Calls for accounts, and of " who has
not paid to the prison " etc. Continues : The three-
pence laid on the head of each servant, (v. preceding),
is quite against the rules laid down by Capt. Osborn
etc. To raise what was laid first will be sufficient etc.
I will give you till to-morrow sennight to fix everything
etc.
(o) Same to the Justices of the Peace at Conception
Bay. 31st Aug., 1731. Capt. Weston has given me
a list of what people have paid in Conception Bay
towards the prison here, but tells me there is a great
many more wanting yet ; therefore I desire you will
immediately oblige the rest to do the same etc.
Whereas there is several more boats this year, I expect
the same from all equally. Lt. Hughes has instructions
to oblige those who refuse to pay to you etc.
(p) Same to Lt. Hughes. Aug. 31st. Instructions
referred to in preceding.
(q) Proclamation by Governor Clinton, 31st Aug.,
1731. Whoever shall refuse to pay his prison tax,
will be compelled thereto etc.
AMERICA AND WEST INDIES. 281
1731. [422. ii]
(r) Governor Clinton to William Le Merkin at
Portugal Cove. St. Johns, 4th Sept 1731. You are
not to dispose of any more of your fish until you have
paid your servant, Garret Haley according to your
contract etc.
(s) Same to the Collectors for the Prison. St.
Johns, 2nd Sept. The progress you have made in
collecting the money I very much approve of etc.
Encloses notices for hastening on this business etc.
(t) Same to Lt. Hughes, 8th Sept., 1731. Le Merkin
and his son having presumed to tear in pieces my
order, and treat the constables inhumanly, who read
it to him, and beat his servant, you are to bring them
hither prisoners, to answer for contempt.
(u) Thomas Hibbs and Robert R. M. Miller,
Constables, to William Weston, J.P. Portugal Cove,
7th Sept., 1731. We have served Nicholas Merkins
with the Comadore's order the which they abused
and broke, and likewise beat and abused the man for
craving of anything for his labour etc.
(v) Governor Clinton to the Justices at St. Johns.
17th Sept. 1731. Orders them to hold a Sessions to
convict and punish by a fine the Le Merkins brought
hither by Lt. Hughes.
(w) Same to John Barns at St. Johns. 18th Sept.,
1731. Whereas complaint has been made to me, that
you are indebted to divers persons at this place, and
are clandestinly getting off your fish etc., without any
regard to the demands of your creditors, I do therefore
strictly forbid you to dispose of it etc., till you have
appeared at the Court I am to hold here on Tuesday
next etc.
(x) Order by Governor Clinton to the Fishing
Admirals at Fermouse. 18th Sept. 1731. Having con-
sidered the affair between Charles Humphreys and
Company and George Coplestone, relating to a parcel of
fish the latter bought of the former. Orders Coplestone
to pay for whatever part thereof he received on board,
according to the contract price.
(y) Order of a Court held at St. Johns, 21st Sept.,
1731. Samuel Angel is confirmed in the possession
of a stage on the Flagstaff room in Petty Harbour, it
being determined not to be on ship's room, as alleged
by Richard Newman and John Lyston, master of
fishing ships, but long and generally esteemed to be
Angell's etc. Signed, G. Clinton, H. Osborn, Heard,
Admiral, Squarry, do.
(z) Governor Clinton to the Fishing Admirals at
St. Johns. Salisbury at St. John's. 23rd Sept.,
282 COLONIAL PAPERS.
1731. [422. ii]
1731. Upon my arrival, I declared I should not sit
at any Court ashoar ; but that in complyance with
the Act of Parliament, I should be always ready to
hear any appeal, that might be made to me on board
the Salisbury, from any person that judged himself
aggreived by your sentence. But as I am daily
pestered with complaints of masters being ill treated by
their servants, and servants wronged by their masters
etc., it makes me so free to say that I think you have
been very negligent in the discharge of that duty
incumbent on you ; that is, the speedy hearing such
complaints, and doing justice to the injured party.
It is therefore my opinion that you ought, and desire
that you will forthwith hold a Court, to hear and
decide so many controversyes, as are ready to come
before you. Once more I recommend this affair to
you as a matter of moment, and the rather for that
the Peace and welfare of the inhabitants, as well as
free trade and commerce, intirely depends upon it,
and expect your complyance. Otherwise I must be
obliged to represent so great a negligence of yours to
the Lords Commissrs. for Trade, and pray them,
to think of some more effectual means, to releive the
distressed, and distribute justice.
a (i) Governor Clinton to Thomas Gordon and
Compy. 23rd Sept., 1731. Ordering payment in
fish of debt of 591. 14*. 9rf. to Messrs. Gill and Denet
etc.
b (i) Same to Capt. William Weston. 23rd Sept.
Order empowering him to seize fish or goods of Wm.
Stow in payment of debt of 251. 17s. 7d. etc.
c (i) Proclamation by Governor Clinton, 24th Sept.,
1731. Whereas great complaints have been made of
forcible seizures for debts, without authority, by which
illegal practices masters are disabled from paying their
servants' wages, and the poor servants are reduced
to beggary etc., and whereas it appears that several
of the inhabitants proceed in a very scandalous manner
towards each other, and frequently combine with
persons to secretly convey their effects off their rooms,
at the conclusion of the fishing season, under pretence
of answering, as well their fallacious and contrived,
as real debts, to the great prejudice if not utter ruin
of others, etc., I am determined to put a stop to these
illegal proceedings etc., and hereby strictly forbid any
person whatsoever, to enter upon, or take from any
flake, stage etc. in the manner aforesaid any fish, oil,
or other goods, without first obtaining permission
from me etc., on pain of forfeiting double the quantity
AMERICA AND WEST INDIES. 283
1731. [422. ii]
of goods so taken away etc. In the case of all debts
hereafter contracted, particular regard will be had
to the time they were entred into, for preference in
respect of payment etc. The whole, endorsed Reed.
10th Nov., 1731, Read 9th March, 173. 24| pp.
422. iii. Scheme of Newfoundland Fishery, 1731. Returns
from Placentia, Trepassy and St. Mary's not yet
received. Signed, Geo. Clinton. Endorsed as pre-
ceding. 4 pp.
422. iv. The Division of the island into districts and names
etc. of the Justices of the Peace there, and several of
their proceedings, vizt. :
(a) Deposition of Richard Mitchell of Quidividi,
fisherman, before the Justices of St. Johns. 23rd
Sept., 1731. Capt. Wm. Smith forceably took away
some fish belonging to deponent and his partner John
Butland, though they owed him nothing and it was
the Sabbath, without any of them knowing the weight
or price etc. Signed, Richard Mitchell, his mark.
(b) Justices of the Peace at Trinity Bay to the
Justices of St. Johns, 17th Aug., 1731. Francis
Squib, J.P., having put his servant Thomas Stuard
into the stocks for making a disturbance in his house
on the Sabbath, Stuard broke the stocks to pieces and
tried to shoot Mr. Squib. They send him to the gaol
at St. John's etc. Signed, Jacob Tavener, Thos.
Floyd. The following testify upon oath- to the truth
of aforesaid, Thos. Waterman, James Tarrent, Henry
Flasket, their marks. 1^ p.
(c) George Rowe (being next fishing ship in absence
of the Admirals) to John Julian. Bay Bulls, 12th
May, 1731. Whereas you detain Timothy Shea which
is my servant, without security for his passage you
are hereby required and directed not to give him any
house harbour etc. Signed, Geo. Rowe.
(d) Nathaniel Brooks to Capt. Rowe. Bay Bulls
May 12th, 1731. This minute came Julian's wife to
me with your warrant for her husband's servant, that
he shipt out of Mr. Simon Cricket, Commander of the
ship Society, which I suppose had full power to act
and do for the good of the voyage ensuing, for the
interest of his outsetters in England, and as he was
entered Master in England by H.M. Custom-House
Officers, I think he may act and do for the interest of
his imployers, and not be controuled by any person
here in our destitute parish of Bay Bulls. But it's
my opinion Mr. Geo. Rowe, that a man of your pro-
fession hath no authority to grant warrants amongst
284 COLONIAL PAPERS.
1731. [422. iv]
us Protestants, without a power and authority from
King George, or his directions, by his worthy subjects
etc., and not for to have no arbitrary power amongst
us, which God strengthen us against ; I hope King
and Country will stand against all such who point
towards it etc. Signed, Nathl. Brooks.
(e) Capt. Rowe to N. Brooks. I shall not take
much time to answer your nonsense. As to Mr.
Critchett, he is follow my directions and none but
mine, and as for arbitrary Government, God forbid
it should lye in your power etc. I do admire who
gave any such fellow as you, orders to act or dispute
in any manner of justice, altho' you have had the
impertinence of doing it, without either act of Parlia-
ment, or orders to the Government. P.S. The fellow
shall not serve Julian without security for his passage.
Signed, Geo. Rowe.
(f) N. Brooks to Capt. Weston. Bay Bulls. 13th
May, 1731 . Asks for his opinion what to do concerning
preceding. Continues : Julian shipt a passenger that
came over with Simon Critchet and cloathed him,
and hath been with Julian ever since without any
demand for his passage, or anything else. But now
Capt. Rowe wanting hands, would take the man away
from Julian. The man is in the country with his
master, and Capt, Rowe swears as soon as the man
comes out he will send a file of musketeers after him,
and carry him to the publick whipping post, and whip
him within an inch of his life, if he will not serve him
etc. As for Capt. Rowe being an Admiral, I hope
you'l give your opinion in that, he being no master
of a ship, Benj. Jelly being master of the ship he came
over in etc. Signed, Nathl. Brooks.
(g) W. Weston and A. Southmayd to N. Brooks.
St. John's, 15th May, 1731. Are of opinion that as
Julian shipt the man from Capt. Critchet before Capt.
Rowe arrived, it is not in his power now to take him
away, Julian finding such security for his passage as
may be satisfactory to Capt. Critchet or Capt. Rowe,
though by what we find Capt. Rowe hath nothing to
do in the matter. As to his acting as Admiral, if
Benj. Gelly cleared the ship in the Custom-House
in England, he is master, and Capt. Rowe hath no
power to act as such etc. If he etc. disputes your
authority for acting as Constable in Bay Bulls, regard
them not, but continue so to do according to the
Instructions you have received from us etc. Signed,
Wm. Weston, A. Southmayd. c 9, Copies. 3 pp.
AMERICA AND WEST INDIES. 285
1731. [422. iv]
(h) Deposition of John Butland. St. John's. 23rd
Sept., 1731. To same effect as iv (a) supra. Signed,
Jno. Butland. Copy. 1 p.
(i) Justices of Trinity Harbour to the Justices of
John's. 17th Aug., 1731. Send, to be committed
into safe custody, John Butler, servant to Nicholas
Cable, who with others upon oath do declare that,
after he had been committed to the stocks for breaking
into his master's house and stealing a silver seal etc.,
he did break out from thence and threaten the lives
of several persons, and to burn their houses, also
wishing that there may be a war with France, that he
may joyn with them etc. Signed, Jacob Taverner,
Thos. Floyd, Franciss Squib. Copy. 1 p.
(j) Copy of iv (b).
(k) Copy of iv (a).
(1) Original of iv (i).
(m) Original of iv (k). [The whole. C.O. 194, 9.
ff. 90-91i;., 93t;., 95-97v., 98i>., 99-114, 115-118,
119-120, 121-122, 123, 124, 1250.]
Oct. 1. 423. Mr. Browne to Mr. Popple. Repeats 12th Aug.
Phila- Continues : An accident here of some piraticall goods, wch. were
deiphia. lately brought in by the ship Joseph, has taken so much of my
time up, that I have not had leisure to perfect my remarks etc.,
wch. shall go by the next opportunity etc. On this occasion
Major Gordon has offer'd equal violence to Mr. Evan's Com-
mission (who is Deputy to Mr. Robt. Byng as Recr. Genii, of
the droits of Admiralty) and my own ; etc. Begs their Lordships
to await his remarks etc. Signed, J. Browne. Endorsed, Reed.
6th Dec., 1731, Read 3rd May, 1732. Holograph. Addressed.
lip. [C.O. 5, 1268. ff. 82, 82v., 85v.]
[Oct. 2.] 424. Observations by J. Sprogell on Mines in America.
Since the mines belong to the King, the people in America do
not care to discover them. If the Crown were to send out men
to explore for them, and grant the inhabitants the benefit of
them for a term of years, in a short time very rich mines would
be discovered, and the Spaniards " could hang themselves for
the money " etc. Endorsed, Reed. 21st Oct. 1731, Read 17th
Sept., 1735. 7 pp. [C.O. 5, 1363. ff. 167-168t;., 170-171,
Oct. 2. 425. Certificate by J. Sprogell. Mr. Jacob Stauber intends
to settle beyond the Blew Hills in Virginia, which never was
attempted yet etc. Certifies that he is the fittest and properest
person to undertake it, having known him this twenty years
in Pennsylvania, when he made settlements in the remotest
286
1731.
COLONIAL PAPERS.
Oct. 5.
Fort.
Frederick,
Placentia.
Oct. 5.
Annapolis
Royal.
[425]
parts among the Indians, acquired the reputation of one of the
best skilled in husbandry, and by his particular industry very
handsome means etc. Signed, J. S. Sprogell, senior. Endorsed,
as preceding. p. [C.O. 5, 1363. ff. 173, I76v.]
426. Lt. Governor Gledhill to the Duke of Newcastle.
Words cannot paint the distress and distraction of this calla-
matious place, occasioned by a dre'full fire, which broak out
yesterday morning and in the space of an hour, consumed the
best of our houses, in this town, to ashes, and upwards of 70
thousand weight of bread and 180 thousand weight of flower
with a bundance of other provisions etc. Had it not been for the
vigellance of the troops of this garrison (which God knows is
but 36 men) in blowing up the houses and extenguishing the
fire, not only the whole town, but the garrison, also, had been
in ashes. This ship being under sail I have only time, so far,
to pay my duty to your Lordship, in this short acct., and farther
to acquaint yr. Lordship that on the 15th of last month, I had
the honour to inclose the state of this place, the garrison, and
the fishery etc. Signed, S. Gledhill. Endorsed, R. 21 Deer.
1 p. [C.O. 194, 24. No. 22.]
427. Lt. Governor Armstrong to the Council of Trade and
Plantations. I take this opportunity, being the first that my
health would permitt me to embrace since my arrival, to
acquaint your Lordships of my return hither, in obedience to
H.M. directions etc. Will always strictly comply with his
Instructions etc., " and what other your Lordships may at any
time judge proper to send me, for my farther help in promoting
H.M. interest, in this much neglected (and as I may venture to
say) distracted Colony. Of which, tho' I doubt not Governor
Philipps either has, or will give you an account, I also judge
it my duty so far to represent the same, and the difficultys
which I not only labour under at present, but likely to be farther
involved into, without some other advice from your Lordships,
for the people (I mean the French) that I have to deal with,
are a perfidious, head-strong, obstinate and as conceited a crew
as any in the world etc. Governor Philipps having appointed
Major Cosby, the Lt. Governor of the Garrison, President of
the Council, in prejudice of Major Paul Mascarene, and other
senior Members, who complain highly of it as a peice of injustice ;
I have thought therefore proper, to lay the same before your
Lordships, for your determination, otherways I shall not have
a Council, because the Gentlemen insist upon sitting and taking
place at the Board, according to their senioritys, and are of
opinion, that the eldest Counsellor is always he that should
be president, or at least ought to succeed as such, upon which,
I hope your Lordships will favour me with your opinion" etc.
Refers to encl. ii. Continues : Since Governor Philipps left this
AMERICA AND WEST INDIES. 287
1731. [427]
place, the 27th of August last, I have been favoured with a
letter from His Grace the Duke of Newcastle in relation to
pyrats, as also one from Mr. Secretary Popple with the Sollicitor
and Attorney General's opinion upon fines and recovery etc.
Several people having petitioned for grants etc. finds by their
letter 20th May, 1730, he is restricted from giving any till Col.
Dunbar has first set apart 300,000 acres for H.M. Continues :
I must beg leave to observe to your Lordships, that delays in
doing of it, may still retard the settling of the Province, especially
of this part of it, and other adjacent places in the Bay of Fundy,
and also at Canso. But it's hoped that these restrictions respect
only to woodlands proper for masting, or even if the method
of townships (tho' by far the best) is to be strickly observed.
Your Lordships in your forerecited letter, have a just notion
of our French inhabitants. But as they have taken the oath
of fidelity, and thereby admitted to the priviledges and liberty
of subjects, I beg your Lordships to inform me, how far they
or their seigniors are intitled to lands abandon'd ever since the
reduction of this place, and other waste and uncultivated lands,
to which, especially since their taking the oath they lay claim,
and plead the Treaty of Utrecht, tho' for these many years
noways cultivated or improven, which if they are to enjoy
without a limitation of certain conditions, the country will in
a great measure remain a wilderness, and there will be scarce
one acre left, especially in this place, to be granted to Protestant
subjects, who are much desired, and for whom room might be
found here, if these Seigniors did not thus pretend a right to
the greatest part, if not the whole Province, without complying
with such conditions, as may be naturally conjectur'd, that
first moved his most Christian Majesty to make such concessions,
which, if not remedy'd, will render this part of the Province a
continual expence, and of no advantage to H.M., for whose use,
there is not an inhabitant that pays a farthing rent, towards
the defraying of such necessary charges that attends all
Governments. As to which the Gentlemen of the Council, who
are daily employ'd and harras'd with their affairs, (their being
no other Court of Judicature) do, and that not without reason
complain, in whose behalf I humbly recommend to your Lord-
ships, to send us a table of fees, both in that respect, and the
giving of grants, for wax and all other kinds of stationary ware
here is very dear and expensive, and it's hoped that an annual
supply thereof, may be ordered us from Britain. I must also
beg leave to recommend to your Lordships the necessity
of having the French inhabitants' estates survey'd and measur'd,
because otherways it will be impossible ever to lay before your
Lordships, any just plan of this country, for its said that some,
if not all, of them possess and claim greater tracts, than they
are anyways intitled to, and in case you approve thereof, I
desire you will signify the same, and who is to be at the expence
288 COLONIAL PAPERS.
1731. [427]
of so doing, and whether it is not necessary, as they refuse to
renew and take grants from the Government, that their French
grants should be recorded. They are a very ungovernable
people, and growing very numberous and the method of treating
with them upon any subject, is by their Deputys, of whom with
the Council etc., till supply'd with more proper members, if
there might be a smal Assembly constituted, they in time may
be perhaps brought through their own free and voluntary acts
to pay a greater obedience to the Government, and contribute
to its support, and as Civil Magistrates are much wanted, I
intreat your Lordships directions for appointing, at least some
1 Justices of the Peace, and other inferior officers amongst them,
to act in things, especially, that may relate to themselves, with
such decorum as may oblige them still farther to depend upon
the Government, by giving us information of the behaviour
and clandestine proceedings of the rest. I have signifyed to
your Lordships, that there are several people who have
petitioned for grants, some of them are for smal plotts, in and
adjacent to this town for houses and gardens, and others for
tracts for farms, at Mines, but especially by several young
people, who have setled themselves, some years agoe, at a place
called Chippody in the Bay ; not far from Chickenectua, where,
if upon the Surveyor's report there is no woods proper for
masting, I presume grants may be made out for the same,
without being interpreted a breach of any article of the
Instructions, tho' not laid out exactly in the same form as there
directed, which I shall recommend to the Surveyor to do, as
near as circumstances will permitt. These people's petitions
were recommended by Governor Philipps before his departure,
to the consideration of the Council, who finding some disputes
were amongst them, defer'd the same till these differences were
accomodated, and for that purpose Governor Philipps by
Proclamation signifyed it to them, and appointed them by the
10th of Aprile next, to appear to make out their respective
claims. I am so far, my Lords, of opinion, that if grants be
given to these new planters, that the others may be thereby
induced to renew their old grants, and hold immediately of
H.M., and not off these Seigniors, who, in my opinion have
forfeited their rights, through non-performance of the conditions.
But if in this I differ from your Lordships, I still think it
necessary, that these Seigniors should at least renew their
grants, and pay the appointed quitt-rent etc. to H.M., which
I think is but just, seeing they receive their rents annually
from the other inhabitants, as to which likewise I beg your
Lordships' advice. Ever since the reduction of this place there
hath been strange jugling amongst these Seigniors, as well as
the other inhabitants, who, as heirs, pretend a right of possession
to the estates of those who left the country even at the Capitu-
lation, and others pretend to have bought of those that went
AMERICA AND WEST INDIES. 289
1731. [427]
away, by virtue of her late Majesty's letter, dated 23rd June
1713 ; 'Tis true that Her Majesty gives liberty to such of the
French as had a mind, to retire into the bounds and dominions
of the French King, to sell their estates, but it's presumed only,
those who had remain'd in the Province till that time, were
intitled to the advantages therein mentioned, and not those
who had abandon'd and left their estates, at the reduction of
the place, in 1710. In relation to which, there being several
disputes, I must intreat your Lordships' opinion, in order to
decide the same ; If H.M. letter can be interpreted to all in
general, certain it is, that we shall never be without Seigniours,
whereas, if only in favour of such as were then in the country,
part of these Seigniors' estates now belong to H.M., and I have
been told, that rents have been remitted from hence to some
in the Dominions of France, which tho it may be forbid cannot
be easily prevented here, no more than their clandestine trade
with the people of Cape Breton, whither they transport annually
above 3 or 400 head of cattle, besides sheep and other provisions,
to the great prejudice of this province, which can only be
prevented by having a sloop to cruise upon the Eastern coast
and in the Bay of Vert. As I do not presume to the knowledge
of forms for grants, I have therefore presum'd, to order a copy
of one, used by Governor Philipps, for your Lordships' perusal,
to be laid before you, and I hope to be favour'd with your advice,
whether I may follow the same, or have a more formal one sent
me. As to Canso I have been inform'd, that there are more fish
this year than there are vessells to carry it to markett, and that
Col. Dunbar's settlements, where there is a detachment of men
from this regiment, improve daily. But of these, they being
a.[t] such a distance from hence, I can give no particular account.
Signed, L. Armstrong. Endorsed, Reed. 10th Jan., Read 5th
Octi, 1732. 3% pp. Enclosed,
427. i. Grant of lands in Nova Scotia by Governor Philipps
to Joseph Watson and Co., of London, 24th Sept.,
1729. 2| X 4 miles by Scarrawink Harbour, now
called George Town and Watson's Harbour.
Reserving for the Royal Navy all trees seized as by
Act of Parliament, and a quit-rent to the Crown,
after 3 years, of one shilling, or three pounds of hemp,
clean, bright and water-rolled, for every 50 acres at
the election of the grantee etc. Endorsed as preceding.
Copy. 2 pp.
427. ii. Representation of Major Paul Mascarene and other
Members of Council of Nova Scotia, to Lt. Governor
Armstrong. 27th Sept., 1731. Described in covering
letter. Signed, P. Mascarene, Will. Shene, Adams,
Wm. Shirreff. If pp. [C.O. 217, 6. ff. 99-102i;.,
103f.-106t;. ; and (abstract of covering letter, with notes
for reply) 217, 30. pp. 40-49.]
Wt. 441 C.P. XXXVIII 19
290
COLONIAL PAPERS.
1731.
Oct. 5.
Whithal.
Oct. 5.
Whitehall.
Oct. 6.
Barbados.
Oct. 6.
Barbados.
Oct. 7.
428. Council of Trade and Plantations to the Lords
Commissioners of H.M. Treasury. Request payment for Office
expences and Officers' salaries for quarter ending Michaelmas.
Account annexed. [C.O. 389, 37. p. 331, 332.]
429. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following, to be laid before H.M.
Autograph signatures. 1 p. Enclosed,
429. i. Extract of Governor Worsley's letter, June 27, 1731,
relating to St. Lucia, Dominico and St. Vincents.
429. ii-iv. Copies of encl. June 27, 1731. [C.O. 152, 40.
Nos. 33, 33 i-iv.]
430. Samuel Barwick, President of the Council of Barbados,
to the Duke of Newcastle. Col. Henry Worsley our late
Governour has in pursuance of your Grace's letter delivered up
the ensigns of Government to me as President and embarqued
on board the Bridger Capt. Webster on 21st Sept., in order
to saile for ye Kingdom of Great Britain. I shall endeavour to
execute with all diligence and faithfulness H.M. Commission
and Instructions etc. Signed, Samll. Barwick. Holograph.
I p. [C.O. 28, 45. JQT. 197.]
431 . Samuel Barwick, President of the Council, Barbados,
to the Council of Trade and Plantations. His late Excellency
Coll. Henry Worsley embarqu'd on Tuesday 21st Sept., etc.
having first delivered up the ensigns of Government to me as
President, which office I shal endeavour to execute with all
diligence and faithfulness etc. Signed, Samll. Barwick.
Endorsed, Reed. 26th Nov., 1731, Read 23rd Feb., 172f.
Holograph. 1 p. [C.O. 28, 23. ff. 39, 42t;.]
432. Address of the Assembly of Barbados to the King.
We etc. humbly begg leave with gratefull hearts to give your
Majesty our unfeigned thanks for your Majesty's great goodness
to us in removeing Coll. Henry Worsley from the government
of this Island. Many and great were the hardships and heavy
were the greivances that this your Majesty's Colony lay under for
severall years last past under the administration of that Gentle-
man, who not content with an extravagant settlement of 7,8001.
a year (which on his arrivall here, taking advantage of the then
unsetled state of the times, he procured the publick to submitt
to) omitted no art or means whatsoever to improve his
advantages over them, and extorted many large summs of
money from them, and made the Island no further his care than
as it contributed to his private profit, and farr from promoting
it's good ever opposed everything that tended thereto, and
then debarred the opprest inhabitants the liberty, which all
your Majesty's other Colonyes enjoy, of having Agents in Great
AMERICA AND WEST INDIES. 291
1731. [432]
Britain to preferr their complaints and represent their grievances
to your Majesty, on whose paternall care and royall clemency
they depend. This the sd. late Governour effected by his
management with the members of your Majesty's Councill,
too many of whom seem to have thought it their duty to pay
a blind obedience to his will, and thro' the fear of an immediate
suspension in case of any non-complyance with his interests
or passions were influenc'd to the meanest submissions, and
acted as if they had been indispensably bound to concurr with
him in every attempt of his on the libertyes and propertyes
of the poor inhabitants of this island, and in order to favour
H.E.'s vexatious pretensions and demands on the publick have
even ventured to affirm, in a late address to your sacred Majesty,
that they are not sensible of any poverty in this your Majestye's
island, but what has been occasioned only by personall
extravaganzes, whereas 'tis most notoriously apparent that the
wealth and strength of this island has for some years last past
been continually declining, and that its trade is at present on
so bad a foot that it must soon be intirely lost if some immediate
remedy be not applyed ; But the late signall instance of your
Majestye's grace to the island in recalling Coll. Worsley (by
whose removall a heavy annuall tax, too heavy indeed to be
longer born, is at length determined) encourages us to hope still
greater marks of your Royall favour, and that by your Majestye's
continued goodness to us this Colony will not only be preserved
from the ruin now impending over it but he restored to a
flourishing condition under the dominion of the best of Kings.
Wee ardently implore the Allmighty God to grant your Majesty
health, wealth and length of dayes, and that the British Empire
may be for ever established in your Majesty and your august
house. Signed, Robt. Warren, Cl. of the Assembly. 1 large p.
[C.O. 28, 45. ff. 199.]
Oct. 8. 433. Governor Hunter to the Duke of Newcastle. Encloses
Jamaica, duplicate of Council's Address ; repeats condition of regiments
as preceding (v. Sept. 24) (No. 415). Continues : Having by advice
of the Council ordered out a party from Port Antonio to destroy
or dislodge the rebel slaves in the neighbourhood of that place
and sent thither the arm'd and baggage negroes as directed by
an act of Assembly, sickness or rum has reduced these five
companys to such a pass that, as the Commanding Officer there
writes, he has not twenty men able to march. I have ordered
a reinforcement of thirty men from this side to embark on
board one of H.M. ships forthwith for Port Antonio, that the
country after this great expense may not be disappointed and
the rebels encourag'd, but services of this sort go so heavily
forward that I can entertain but faint hopes of success. Encloses
list of Acts passed etc. Continues : One of the King's ships
sent out by Rear Admiral Stewart to cruize upon the Guarda
292 COLONIAL PAPERS.
1731. [433]
costas has brought in hither two Spanish trading sloops, this
has given Mr. Stewart much disquiet having engaged him in a
paper squable with the merchants of Kingston. The young
gentleman Crawford who commanded that cruizer stretcht his
orders as I realy believe for fear of falling short of them ; however
at Mr. Stewart's desire I lay'd the whole affair before H.M.
Council here who were unanimous in their opinion that since
H.M. had been pleased to approve of his conduct in suspending
the execution of his orders relating to reprisals and that he was
made to expect speedily further orders in that matter, and that
no formal information of captures of English vessels had been
given in here since that of Benson's, which indeed was the only
one we have had, he should release them ; which I believe he
will do speedily. He has sent a particular account to the
Admiralty etc. I have not had the honor of any commands or
advices from any of the publick offices of later date than the
midle of May last. A merchant ship lately arrived on the
North side of this island brings news of a general march of the
forces towards the coasts in the Channel a general press for
manning fifty ships of the line. This may be such ship news
as we have been used to, but I must in duty acquaint your
Grace that in case of any rupture this island is in a bad state
of defence. There has been for many years pass'd great numbers
of Irish introduc'd here as servants which constitute the body
of our Militia, hired servants of any sort will make but bad
soldiers, but those of that nation whose hearts are against us
and have neither honor or interest to regard must be reckond
as a drawback upon the real strength we may have, as I too
well know by experience, and which makes that matter still
worse, some of them, lawyers, have got such an ascendant over
the thoughtless planters, that they have the chief influence
in the election of Assemblymen, and great influence in that
House to the obstruction of publick business and all measures
for the safety of this island. If your Grace would be pleased
to advise H.M. to reject the Act repealing the Protestant act,
as 'tis call'd, it may help us in some measure, but his appro-
bation of it will give such matter of triumph to that party that
all my endeavours how vigorous soever may be rendr'd of little
use to H.M. in the preservation of this island when it may be
in danger. On the 19th of August last the gallions twelve in
number met with a hurricane in the latitude of Bermudas, four
of them put into Porto Rico, two to Cape Frangois all without
their masts, the other six we know nothing of hitherto. That
storm did not reach this island. Signed, Ro. Hunter. Endorsed,
R. Jan. 22. 4f pp. Enclosed,
433. i. List of Acts passed last session of Assembly.
Duplicate of July 22. end. i. No. 316 i. [C.O. 137, 53.
ff. 378-380, 38lk-382.]
AMERICA AND WEST INDIES. 293
1731.
Oct. 8. 434. Merchants of London to the Council of Trade and
London. Plantations. In reply to Sept. 1st, enclose following in support
of their grievance. Signed, Hum. Morice, Micajah Perry, Rd.
Harris and five others. Endorsed, Reed. 23rd Oct., Read 16th
Nov., 1731. 1 p. Enclosed,
434. i. Particular facts and instances in support of the
Merchants' petition, (v. 12th Aug. No. 367 i.). (i) Lands
and houses are not liable to pay debts in Jamaica and
some other Colonies, though by the laws of England
estates in the Plantations are deemed chattel. On a
representation of their not being liable to pay debts
in Jamaica, H.M. gave instructions to Governor Sir
Nicholas Lawes that " whereas it appears that lands
are not extendible in Jamaica by the act for establishing
courts etc., which is a great prejudice to creditors and
discredit to trade ; you are therefore to recommend
to the Assembly the passing a law for remedying that
inconveniency, or for the more easy recovery of
debts." The passing a law to this effect was recom-
mended several times by Sir N. Lawes, to the Assembly,
as also by the Duke of Portland in his Government,
and by the present Governor etc., but the Assemblies
have refused passing any such law etc. Refers to
end. ii. (ii) By an act passed in Virginia, 1705,
declaring how long judgments, bonds and accounts shall
be in force etc., there was a method prescribed for the
recovery of debts, but the act having H.M. disappro-
bation on account of some other clauses, it was
expected the method prescribed would have been
re-enacted, but the Assembly refused etc. (v. Minutes of
Council and Assembly 1730 and end. iii.) By an act in
the volume of laws of Virginia, 1661, the priority of the
payment of debts is given to the creditors who are
inhabitants of that Province, and by another act,
1663, debts owing to persons, non residents were not
pleadable, unless for goods imported. By another
act, 1661, Virginia owners are exempt from paying
the duties of 2s. per hhd., which the merchants of
Great Britain and other owners of ships are obliged
to pay. By another act, 1669, the Virginia owners
are also exempt from paying the Castle duty of 1*. Sd.
pr. ton which the merchants and others residing in
this Kingdom are obliged to pay. By another act,
1680, the Virginia owners have the above priviledges
confirmed to them. By another act, 1730, for
continuing part of an act for laying a duty on liquors
etc., there is 3d. per gall, laid on all liquors imported
by merchants and others residing in this Kingdom,
and but half that duty on persons residing in the said
294 COLONIAL PAPERS.
1731. [434. i]
Province, (iii) By an act of Maryland a duty of 3d.
pr. ton is imposed on English ships, from which the
ships of the inhabitants are exempted. (Note, now
repealed). By another act non-residents are obliged
to pay a double duty for furrs exported. Traders
from Great Britain were deemed residents. By
another a duty of Is. pr. barrel is laid on pork imported
by any but inhabitants in lieu of the duty on furrs,
but the English traders' priviledges not preserved.
By another a duty of 3d. pr. gall, (which duty if brought
by land from Pensilvania is greater) is laid on all
liquors ; and also a duty of 205. pr. head on negroes
and Irish servants, neither of which are to be paid,
if imported in vessels belonging to inhabitants of the
said Province. By another, for the relief of creditors
in England against' bankrupts who have imported any
goods into this Province not accounted for, no creditor
of a bankrupt can recover any debt etc. (v. encl. iv.).
By an act of Jamaica for repairing the walls of Port
Royal, a duty of Is. pr. ton is imposed on all shipping.
(Note : expired). By another, to oblige the inhabitants
to provide themselves with a sufficient number of white
people etc., there is Is. pr. ton laid upon all shipping
coming from any place to the Norward, or trading
any way to the Southward of the Tropic of Cancer,
for the space of one year. By another, for raising
several sums etc., there is a duty of 1 5s. a head laid
on the importation of all negroes etc., and 30s. on the
exportation of them etc. Quote H.M. Instructions to
show that it is his pleasure that no duties should be
imposed by Assemblies, whereby the trade and shipping
of this Kingdom can be anyways affected. Copy.
2f pp.
434. ii. John Tymms, merchant in Jamaica, to Humfrey
Morice Esq. 13th Sept. 1731. It seems quite
counter to the inclinations and intentions of the
Assembly to pass a law for the easier recovery of
debts, as had been hoped, they having rejected a
motion made for that purpose by a considerable
majority etc. It is evident we must still labour under
the uncertainties and difficulties we have done for
many years to our unspeakable loss etc. Insists on
the need of a law to extend both real and personal
estate etc. As it is, the principal parts of their estates
are exempted by law from the payment of debts and
negroes are frequently driven away into the woods
or mountains out of the Marschall's way. For instance
the small benefit accruing from legal processes, the
Houses in Kingston in which I am a partner obtained
AMERICA AND WEST INDIES. 295
1731. [434. ii]
in one fraud Court 22 judgments, and the Provost
Marshall returned to 19 of them nulla bona nee persona
et non est inventus. This is an evil which prevents
attempts at the better settlement of the island etc.
Another evil which is not only mischievous but
scandalous, and altho' expedients have been frequently
offered by several Governors to remedy it, yet
hitherto nothing has been done in it ; which is the
uncertain value of the money. It has been raised
within my knowledge 25 pr. cent., and until the real
value is ascertained, it is impossible to say how much
higher it may advance. So long as any person or
persons have it in their power to alter the value of
our currency, no man can be sure to receive 10s. in
the pound for his debt who has any concern in the
Island, etc. Does not reflect upon the honour of anyone
in Jamaica, but imagines they do not see the prejudice
and detriment these evils must be to themselves if not
remedied etc. Copy. 2 pp.
434. iii. Extract of letter from the Attorney General of
Virginia (John Clayton) to Mr. Alderman Perry.
Williamsburgh. July 23, 1730. Describes how he
himself brought a bill into the Lower House for allowing
the former method of proving accounts of persons
living out of the country, but it was rejected after the
first reading etc. Copy. 1 p.
434. iv. Opinion on a case of recovery of debts in Maryland.
Annapolis, 13th May, 1728. Signed, Edm. Jenings.
Copy. 1% pp. [C.O. 323, 9. ff. 73, 75, 76-77, 78,
78v., 80v.]
Oct. 8. 435. Governor Hunter to the Council of Trade and
Jamaica. Plantations. Transmits by H.M.S. Larke the six acts passed
in the last session of Assembly. Continues : Two of them
only are of a publick nature, one for continuing the country
subsistance, and another for continuing in force a former party
act. Encloses Journals and Minutes of Council and of Assembly.
Continues : I think none of the acts want any remarks. The
private acts the party s concern' d will solicit. For we have
now no Agent for this Island, the Council and Assembly differing
as to the nomination and instructions. The two Regiments
sent hither are in a deplorable condition of health, one half of
the men dead, by dint of rumm, and Officers, the rest very
sickly. I hope all is quiet at home, we are but in a poor state
for defence here, our Militia consisting chiefly of servants, and
these of a sort whose hearts are not with us, consequently their
hands of little use for us, whatever they may be of against us.
The island is richer in its produce but poorer in people than ever
etc. Signed, Ro. Hunter. Endorsed, Reed. 24th Jan., Read
8th Feb., 173|. 1$ pp. [C.O. 137, 19. ff. 105, 105i;., 106i>.]
296
COLONIAL PAPERS.
1731.
Oct. 10.
Nassau.
Oct. 11.
New
Providence.
Oct. 14.
New
Providence.
436. Governor Rogers to Mr. Delafaye. Refers to letter
of 29th June, " by a vessell sent by Mr. Colebrooke with his
appeal to H.M. in Council, from the sentence passed on him
here." Has transmitted the trial to his Agents to be laid before
H.M. etc., " which I hope will prevent any ill impression being
taken to my prejudice, from any complaint of Mr. Colebrooke
till my son appears to answer to such, being the bearer of this
etc., and now going home on purpose to extricate himself from
his unfortunate partnership, and to answer whatever allegations,
Mr. Colebrooke may make to Justine his unaccountable
behaviour in this Government." Continues : I could wish
the most material circumstances of the tryal had been insisted
on with less warmth than appears to have been used by the
Attorney General, notwithstanding Mr. Colebrooke's aggra-
vations, but as there cannot be expected the same decorum in
these as in the Courts of Europe, I hope these slips will be
passed over, and the more essential points regarded ; from
which I doubt not it will appear that unless Mr. Colebrooke is
restrain'd from his violent attempts to disturb the Government,
and influence the ignorant, it will be impossible for any Governr.
to doe his duty or support his authority, which I have fully
experienc'd since my last arrival here. Refers him to his son
for information etc. Signed, Woodes Rogers. Endorsed R. Dec.
16. 2| pp. [C.O. 23, 12. No. 103.]
437. Same to Mr. Popple. Encloses answers to the Board's
queries " from the best accounts I've yet gotten " etc. (v. No.
439.) Refers to his son who will wait on him, and has resided
for nearly three years in the Bahamas etc. Signed, Woodes
Rogers. Enclosed, Reed. 13th Jan., 173|. Holograph. 1 p.
[C.O. 23, 3. ff. 84, 85v.]
438. Governor Rogers to the Duke of Newcastle. I had
the honor to transmit to your Grace the trial of Mr. Colebrooke
at large on 2nd Aug. etc. Refers his Grace to his son for further
information (cf. No. 436.). Encloses proceedings of Council
and Assembly, by which it will appear what obstructions he has
met with and what methods have been made use of to prevent
the concurrence of the Assembly for the repair of the fortifi-
cations, thro' the single influence of Mr. Colebrooke. Continues :
Which still continuing over those ignorant people who
compos'd the late Assembly, I find myself oblig'd to suspend
the convening any other till I have the honor of hearing
from your Grace etc. being convinc'd nothing can be done
either for H.M. service, or the benefit of this poor Colony, whilst
they are amus'd as they have hitherto been. As nothing has
yet been done towards the repair of the fortifications, more
than my building convenient lodgements for the officers and
soldiers, which I found absolutely necessary on my arrival,
AMERICA AND WEST INDIES. 297
1731. [438]
my son will have the honor to represent to your Grace how much
they are in want thereof, and unless I can have the assistance
of the inhabitants therein, or some other measures taken to
put us in some defencible condition, I greatly apprehend we
must unavoidably become an easy prey to those potent neigh-
bours who are so near us, should a warr happen etc. Signed,
Woodes Rogers. 2 pp. Enclosed,
438. i. Minutes of Council and Assembly of the Bahama
Islands, Aug. 9, 1730 Sept. 8th, 1731. Endorsed,
R. 21st Jan. 45 pp. [C.O. 23, 14. ff. 197, 197i;.,
.-221, 2220.]
Oct. 14. 439. Governor Rogers to the Council of Trade and
Providence Plantations. Begins as preceding letter. Encloses proceedings
of the Council and Assembly and answers to the Board's
Queries, " together with an account of every family on this
island " etc. Continues : Having since advis'd with H.M.
Council on the most proper methods to encourage inhabitants
from other parts to settle on this island, it is the unanimous
opinion of that Board, that nothing will so much contribute
thereto as H.M. goodness in taking the same under his royal
protection, frequent contentions having arisen with the agents
to the Proprietors of co-partners and the inhabitants concerning
the property of the lands, which have greatly discourag'd such
as have receiv'd titles from either, and I am much of opinion
next to the disputes occasion'd by the abovemention'd Mr.
Colebrooke have also impeded the increase of inhabitants in
this Government. Repeats part of preceding. Continues :
The frequent ill health of most of the soldiers of the Garrison
here has render'd it impossible for me to effect anything more
than the building a convenient guard room and lodgements
for the officers and soldiers which on my arrival I found
absolutely necessary, not having as yet had the least assistance
from the inhabitants towards the repair of the fortifications,
which gives me reason to apprehend that should a war happen
before we are in a more defensive condition we shall avoidably
become a prey to either the French or Spaniards near us, who,
I doubt not are too sensible of the advantage of our scituation
not to make this first attempt on this island. I hope soon to
visit Columba alias Cat Island, which being esteem'd the most
fertil of any in this Government shall transmit to your Lordships
a particular account thereof, which I should have effected with
the other qucerys, but was disappointed in my expectation of
seeing Capt. Gascoigne this way last spring whom I propos'd
to have join'd in making that survey, etc. Signed, Woodes
Rogers. Endorsed, Reed. 13th Jan. ;" Read 3rd Feb., 173$.
Enclosed,
439. i. A particular account of all the inhabitants of the
Bahama Islands. Names given.
298 COLONIAL PAPERS.
1731. [439. i]
(1) On Providence, White men, 190, women, 135,
children, 308. Able negroes, 237, negroe children,
172. (2) Harbour Island, White men, 31, women,
27, children, 102. Negroes, 8, children, 1. Islathera,
White men, 25, women, 28, children, 79. Negroes,
30, children, 5. Endorsed as preceding. 7f pp.
439. ii. Account of duties received Jan. 1729 1730. 958.
ps. 8/8. Paid on the public account, 86 ps. 8/8.
Signed, John White. 5 pp.
439. iii. Account of same, 12th Feb. 20th Sept., 1731. 409
ps. 8/8. 4|r. Paid, 867 ps. 8/8. Same endorsement.
2 pp.
439. iv. Account and description of the Bahama Islands.
Replies to Queries of Board of Trade. The islands of
most note are Providence, Harbour Island and
Islathera because they only have any inhabitants on
them etc. Latitudes and longitudes given. Harbour
Island so called from the harbour it makes between
that and Islathera etc. The uninhabited islands are
first the Grand Bahama, next to it Abacoa, Cat Island,
als. Columba, Watlings Island etc., the Buninies etc.
Described. Cf. former reports. Concludes : Fort
Nassau on Providence has 30 guns mounted and wants
much repair. Heavy guns for a battery under the
walls to defend the harbour's mouth will be mounted
this winter. A large guard-room was built last year
for the officers and soldiers, their shelter having been
blown down by a hurricane etc. The Revenue these
two years past, though more than it was, has been
very inconsiderable, an easy duty being laid on liquors
and other imported goods, as well as on vessels built
in this Colony. There are not 800 acres of land
cultivated on Providence, and great part of that
dispersed in patches up and down etc. As the
inhabitants will inclose no ground, the cattle do very
much damage to the little plantations they have made.
In Harbour Island and Islathera there is more land
cultivated than on Providence, but as they also plant
in patches here and there throughout the islands as
they think fit and change them so often 'tis impossible
to make a just computation of the whole till they can
be brought to inclose their ground and clear it from
the wood etc. Same endorsement. 13 pp. [C.O.
23, 3. ff. 1-4, 5-8i;., 10-12, 13t;.-14i;., 15v., 16, 17u.-
Oct. 20. 440. Memorial of loss and damage (1083Z. 15s. 3d.) sustained
by Bryan Blundell, of Leverpoole, and others, owners of the
Mary snow, taken in Oct., 1730, by a Spanish privateer in her
AMERICA AND WEST INDIES.
299
1731.
Oct. 21.
Whitehall.
[Oct. 22].
Oct. 22.
Oct. 23.
Bideford.
Oct. 24.
St.
Xtophers.
[440]
passage from Liverpool to Jamaica. Deposition, signed, Cha.
Pole, of London, merchant. 1 p. Enclosed,
440. i.-ix. Invoice, depositions and correspondence relating
to foregoing. Copies. 12 pp. [C.O. 388, 93. Nos.
20, 20 i-ix.]
441. Mr. Popple to Jeremy Dunbar. Requests an account
in writing of any laws made, manufactures set up, or trade
carried on in any part of America where you have been which
may affect the trade, navigation and manufactures of this
Kingdom, and upon this subject my Lords would be glad of
speaking with you. [C.O. 324, 11. p. 248.]
442. Some reasons showing the necessity and reasonable-
ness of removing Wavell Smith Esq. from being a Member of
Council in St. Christophers, according to the petition of Thomas
Beake, Agent for the Island etc. Endorsed, Reed, (from Mr.
Sharpe) 22nd Oct., 1731, Read 18th Sept. 1735. 6 pp. [C.O.
152, 21. ff. 170-172*;., 173t;.]
443. Mr. Fane to the Council of Trade and Plantations.
Report upon Act of Antigua, 1731, to enable Robert Oliver to
confirm the title of lands by him sold to Lt. Gov. By am etc. Recites
Act. Concludes : I am humbly of opinion that your Lordships
may advise H.M. to approve thereof, as there is no prejudice
done to the issue intail, but an adequate provision made for his
right and in such a manner as is most for the service of this
family. Signed, Fran. Fane. Endorsed, Reed. 25th Oct., 1731,
Read 4th April, 1732. 7 pp. [C.O. 152, 19. ff. 113-116i;.,
444. J. Benson to the Council of Trade and Plantations.
Encloses following, from the Admiral of the fishing ships at
Placentia, which could not be delivered to the Commodore,
because the fishery was not closed before his departure thence
etc. Signed, Jon. Benson. Endorsed, Reed. 27th Oct., 1731,
Read 9th March, 173|. Addressed. Postmark. 1 p. Enclosed,
444. i. Scheme of the Fishery at Placentia for 1731. Signed,
James Chappell, Admll. Placentia, llth Sept. 1731.
lf#p. [C.O. 194, 9. ff. 138-139U.]
445. Extract of letter from Major Doyle to Brigadier Jones.
There has been a rich Spanish ship lately cast away near Spanish
Town, which I greatly apprehend will give us considerable
trouble, if not worse ; It seems the inhabitants of the island,
instead of assisting, have plundered the sd. ship and killed
several of their men, most barbarously, which has so inraged
the Spaniards, that they will not be satisfied, but in the
destruction of the whole island. The man of war stationed
here, is ordered by the Commander in Chief to go to their
assistance, and three days past I received enclosed letter etc.
300
COLONIAL PAPERS.
1731.
Oct. 25.
Whitehall.
Oct. 26.
Whitehall.
[445]
Continues : How it will end, we cannot even guess as yet,
but I perceive that the governing part of this Island do not
care to be at the expence of putting in provisions for a time,
and hazarding their sloop, which if lost would cost them 5001. ;
These apprehensions of theirs may possibly save us the trouble
of a voyage, which I confess I should not be sorry for, but be
it as it may we shall be ready whenever called upon. Copy.
1 p. Enclosed,
445. i. Michael Smith, President of Nevis, to Major Doyle,
Nevis, Oct. 19, 1731. Receiving an account that
some Spanish sloops have in a hostile manner made
an attempt to land on H.M. Island of Spanish Town,
to the great terror of the inhabitants there who have
made all the defence in their power ; but fearing a
second attempt have applyed to me by their Lt. Govr.
Coll. Phipps for releif, have accordingly given directions
to President Estridge that a sloop be forthwith
impress'd, as it is for H.M. immediate service to take
on board a Company of H.M. troops under your
command etc., with as many of the inhabitants under
the command of Militia Officers as are willing to go,
in order to give those H.M. subjects all releif possible
etc., who are to join Capt. Baker, H.M.S. Seahorse for
that purpose. Signed, Michael Smith. Copy. 1 p.
445. ii. Major Doyle to President Smith. St. Christophers.
Oct. 20, 1731. In obedience to preceding, has 30 men
with officers ready. " As soon as Mr. President
Estredge shall inform me that a sloop is ready,
provisions, ammunition etc. provided on board etc.
they shall forthwith embark " etc. The Counsell and
Assembly are to meet to-morrow at Sandy Point,
where I will wait upon the President to know when
and where we are to proceed, etc. Copy. 1 p. [C.O.
152, 43. ff. 153, 155, 157.]
446. Council of Trade and Plantations to the Duke of
Newcastle. Enclose extract of Governor Worsley's letter
27th June 1731, relating to the English and French families
on Sta. Lucia, Dominico and St. Vincent's, and the designs of
the French in those parts, to be laid before the King. [C.O.
29, 15. p. 238.]
447. Mr. Popple to Mr. Burchett. Encloses case and appeal
from Vice- Admiralty Court at Boston received from Col. Dunbar.
Continues : My Lords Commissioners request that the Lords
Commissioners of the Admiralty will give directions for prose-
cuting the appeal, which is the more necessary since by accts.
from New England great waste and abuses continue still to be
committed in H.M. woods in those parts. [C.O. 5, 916. p. 433.]
AMERICA AND WEST INDIES. 301
1731.
Oct. 26. 448. Mr. Fane to the Council of Trade and Plantations.
Has no objection to 18 Acts of the Massachusets Bay, 1731.
Signed, Fran. Fane. Endorsed, Reed. 27th Oct., Read llth
Nov., 1731. 3 pp. [C.O. 5, 873. ff. 255-256u.]
Oct. 26. 449. Mr. Fane to the Council of Trade and Plantations.
Has no objection to 9 acts of the Massachusets Bay, 1728, 1729.
Signed, Fran. Fane. Endorsed, Reed. 27th Oct.," 1731. N.B.
These acts were referred by Order in Council. 1| pp. [C.O.
5, 876. //'. 3, 3v., 4i>.]
Oct. 26. 450. Thomas Lowndes to Mr. Popple. Encloses following
from the Chief Justice of S. Carolina, to be laid before the
Board. Continues : By Act of Assembly a sallary is settled on
the Chief Justice, which, with the old sallary out of the quitt-
rents will make 200 p. ann. And I suppose long before this
they have passed the Jury-bill, because they had it under
consideration in the middle of last April ; so that the capias
act, so prejudicial to trade and so obstructual to common justice,
may (if their Lordships think proper) be repealed without any
sort of inconveniency in any other respect. Signed, Tho.
Lowndes. Endorsed, Reed. 26th Oct., Read 16th Nov. 1731.
Holograph. 2 pp. Enclosed.
450. i. Chief Justice Wright to Mr. Lowndes. South Carolina,
Aug. 6th, 1731. Extract. I saw a letter to the
Governour, from the Board of Trade, by which it
was recommended to revive the Summons law, I am
well assur'd that can't be effected. It was given up
by the late President to please the multitude, but in
vain, for they insulted him and all the Magistracy the
more for it ; having as they judged, got the power
into their own hands by that very point. If it is H.M.
pleasure (as it is the interest of this Province) to have
it revived, I apprehend (as very few if any of the laws
of this Province have been approved or ratifyed at
home) that his Majesty may declare the repealing act
null and void and confirm the Summons law, neither
of them having as yet been approved or disapproved
by H.M. This would make the merchants and trading
part of this Province easy. Signed, Robt. Wright.
Copy. 1% pp. [C.O. 5, 362. ff. 42-43i;., 47i\]
Oct. 27. 451 . Council of Trade and Plantations to the King. Enclose
Whitehall, draft of Instructions for Lord Baltimore, relating to the Acts
of Trade (for Lt. Gov. Ogle), " which are to the same effect as
those given for the direction of Benedict Leonard Calvert,
except that we have added the 13th Article, which is in the
same terms with the Additional Instructions to Governors
relating to the Receivers appointed by the Commissioners for
collecting the sixpence pr. month from seamen's wages for the
302
COLONIAL PAPERS.
1731.
Oct. 27.
The King's
Office.
[Oct. 28.]
Oct. 28.
St. James's.
Oct. 29.
Boston.
[451]
Royal Hospital at Greenwich etc., and that we have left out
so much of the 18th article given to Mr. Calvert as relates to
the importation of stript tobacco conformable to the Act
repealing a clause in an Act prohibiting the importation of
tobacco stript from the stalk or stem etc. [C.O. 5, 1294. pp.
43, 44.]
452. Certificate that John Hammerton has given the
security required (v. Sept. 16th, 1730). Signed, Geo. Arbuthnot.
Copy. [C.O. 324, 49. /. 79.]
453. [? Mr. Ochs and Mr. Stauber] to the Council of Trade
and Plantations. Having observed the Board's objections,
20th inst., concerning the pretensions of the Lords Baltimore
and Fairfax about their limits westwards etc., quote said limits
from their charters, and beg for despatch and, having submitted
to the terms proposed by the said Board which are encouraging
to the people, pray that some recompense for their own expence
and trouble may be considered etc.
Without date or signature. 2 pp. [C.O. 5, 1322. ff. 183,
I83v., 184u.]
454. Order of King in Council. Approving draught of
Instructions for Lt. Gov. Ogle. Signed, W. Sharpe. Endorsed,
Reed. 15th Aug., Read 7th Sept., 1732. 2$ pp. [C.O. 5, 1268.
ff. 95-96i;.] ; and 5, 192., ff. 601, 602.]
455. Governor Belcher to the Duke of Newcastle. Abstract.
Since his letter of 21st Aug., has made a visit to New Hampshire
etc.. Encloses what passed at a session of the general Assembly
held there. Continues : I am sorry to acquaint your Grace
that the long standing dispute between the Massachusetts and
New Hampshire respecting boundaries between them is yet
brought to no conclusion. But the inhabitants bordering upon
the line, are still expos'd to great inconveniences and hardships,
and according to my best observation N. Hampshire is willing
in this matter to conform to the Royal Instruction. But I think
the Massachusetts are not so frank in the affair, as in reason
and justice they ought to be. Nor do I believe this long con-
troversy will ever be adjusted but by directions from H.M. at
home, and New Hampshire seems to be determined to make
their application to the King to give special orders to some
Commissioners here to make a settlement of the line, and return
it home to H.M. for his approbation. I have nothing material
to say to your Grace respecting this Province, only to inclose
the Journals of the House of Representatives from the last
time I sent them ; I am in daily expectation of H.M. pleasure
on what I have so often wrote respecting my support etc. and
the supply of the Treasury etc. I am sorry to find myself
AMERICA AND WEST INDIES. 303
1731. [455]
obliged to trouble your Grace upon a dispute that happened
in Augt. last with Col. Dunbar about the Fort William and
Mary at New Hampshire on which account I understand he has
made a long complaint against me etc. Continues : I had
lodg'd orders with the President of H.M. Council at New
Hampshire to receive Col. Dunbar when he came with the
King's Commission with all proper respect, and for this he
thankt me, and notwithstanding his former ill-treatment of
me, I was really desirous of living in a good understanding with
him, which I thought wou'd most of all constitute to the honour
of the King's Government and the peace of his subjects etc.
But Col. Dunbar has such a thirst of honour and power beyond
his rank, that no gentleman that is his superiour will ever
condescend to etc. Continues : When the Capt. of the Fort
William and Mary wrote me, " As to the Fort your Excellency
has been pleased to favour me with, the Leiut. Govr. says he
shall never accept of your Commission for it, for that the says
he looks upon with contempt, but swears nobody shall command
there, but by a Commission from himself " etc., I then thought
it high time to assert the King's honour, and to let the Leiut.
Govr. (and all the world) know such insults were intolerable,
and certainly such a behaviour cannot be consistent with the
duty of a Leiut. -Govr. to his Capt. General and Govr. in Cheif,
but must produce anarchy and confusion etc. The Governor
has never been esteemed absent from New Hampshire when
in the Massachusetts, and the King has settled it with respect
to me in his 36th Instruction and in the Leiut. Governor's
Commission etc. Continues : I had no controversy with the
late Leiut. Govr., nor did he do one thing in the Government
without my special leave and direction ; it being but 66 miles
from here, and the post passing every week etc. Encloses
affidavit by Capt. Walton etc. Continues : " The Leiut.
Govr. has not been at New Hampshire for 6 or 7 weeks past,
and the Province has been in profound quiet and will continue
so, if he keeps out of it. As it is no service to the Crown, nor
any benefit to him to be Leiut. Govr., I would beg it of your
Grace as a very particular favour that his commission may be
superseded, and Col. Sherburne appointed etc. Mr. Westbrook
and Mr. Frost have lately desir'd to be dismist from H.M. Council
at N. Hampshire etc., and to make up the number of seven
according to the King's Instructions, I have appointed
Richard Waldron and Benjamin Gambling, gentlemen of
good capacity and vertiie " etc., for whom he again requests
the King's mandamus etc. Set out, Mass. Hist. Soc. Coll. 6th
Ser. VI. 10. Signed, J. Belcher. Endorsed, R. Jan. 5th.
4 pp. Enclosed,
455. i. Vote of Council and Assembly of N. Hampshire, for
apportioning taxes, Sept. 18 and 24, 1731. Copy.
304 COLONIAL PAPERS.
1731.
455. ii. Affidavit by Mr. Wibird. Portsmo. Sept. 20, 1731.
In reply to Lt. Gov. Dunbar, deponent informed him
that the Lt. Governor's perquisets proceeded from the
Captain General. He replied, "I swear I never will
take a Commission under Governr. Belcher." Signed,
R. Wibird. Copy. p.
455. iii. Votes of Council of Assembly of N. Hampshire,
Sept. 21 25th, 1731, for appointing Commissioners
to meet those of the Massachusetts Bay for settling the
boundary line, strictly adhering to H.M. Instruction.
If unable to agree, proceedings to be transmitted to
be laid before H.M. in Council etc. Copy. 2^ pp.
455. iv. Vote of Council and Assembly, Sept. 24, 1731, that
an account be rendered of the powder duty etc. Copy.
It pp.
455. v.-viii. Votes of Council and Assembly, Sept. 24, 25
for powder duty, repair of prison etc. 4 pp.
455. ix. Deposition of Capt. Walton. Portsmouth, Sept.
25,1731. In July Lt. Gov. Dunbar asked me whether
I had a Commission for Fort William and Mary at
Newcastle. I told him I had one from Governor
Belcher. He replied nobody should command there
unless under him etc., and as for taking H.E.'s com-
mission for it, he swore he scornd it, defied it and
spit at it. On Aug. 14 he came down to the island
to take command of the fort as Capt. I told him he
might have entrance as Lt. Governor or as a gentle-
man, but not as Captain of the Fort, or in derogation
from my Commission from H.E. etc., and showed him
H.E.'s orders to that effect etc. On 20th Aug. I
informed him that I had H.E.'s order to permit no
vessel to pass the fort but such as brought passes
signed by H.E. or the Lt. Gov. wherein he specially
mentions, having duly cleared iiciih Richard Wibird,
Collector, N.H., upon which he said he would sign no
more passes etc. Signed, Shad. Walton. Copy. 2 pp.
455. x. Report of Boundary Commissioners, Oct. 6 (v. No.
iii). Met the Commissioners of the Massachusetts
Bay at Newbury, Sept. 30th, but to no purpose. For
the instructions given those Commissioners by the
General Assembly were much more against the interest
of N. Hampshire than the act which that Government
passed Feb. 10th 1730, which the General Assembly
of this Province could by no means agree to, for said
instructions would bring the line llf miles n. of
Merrimack instead of 3, etc. Signed, Hen. Sherburne,
R. Waldron, Benja. Gambling, Nathl. Weare, Theore.
Atkinson. Copy. 1| pp. [C,0. 5, 898. Nos. 96.
96 i-x.]
AMERICA AND WEST INDIES.
305
1731.
Oct. 29.
Boston.
Oct. 29.
Boston.
456. Governor Belcher to Mr. Popple. Abstract. Did
not answer letters of 10th June, received 10th ult., by the first
ship because of his journey to N. Hampshire etc. Is preparing
the accounts required therein etc. Signed, J. Belcher. Endorsed,
Reed, llth Dec., 1731, Read 3rd Oct. [? 1732]. 2 pp. \C.O.
5, 874. ff. 158, 158i>., 165z;.]
457. Same to the Council of Trade and Plantations.
Abstract. Acknowledges letter of 6th July. In spite of all his
endeavours to induce them to settle his salary, there is not
the least expectation that the Assembly will ever do anything
more (or otherwise). His returning to Whitehall could not
have been of any service. The bill passed in Oct. last, though
not a compliance with H.M. Instructions, was a step further
than any Governor has been able to bring the Assembly to ;
and that passed in May last was going on in conformity to what
they had done in Oct. The Assembly has given him 3,000
instead of 1,000 to Governor Shute, and one Address after
another have promised to give a constant and ample support
to the Governor, so that he believes that they will not recede
from that quantum. But he will endeavour to make it more,
for 3,500 of the present currency is but 1,000 sterl., and
all the perquisites of the Province are not 100 sterl. The
annual expence, with the best economy, is more than 3,000,
so that it is impossible for a gentlemn. to lay up any fortune
by this Government. Hopes by the next shipe to receive H.M.
leave to accept what the Assembly last voted him etc. He
observes what their Lordships say about the Address from the
Representatives. " The method into which I wou'd have
steer'd that matter was with an aim at the better support of
the honour and prerogative of the Crown, but if your Lordships
judge otherwise I am perfectly easy. I have wrote so often
to the Secretary of State, and to your Lordships, how opposite
this Assembly is to the King's Instruction respecting the supply
of the Treasury that I depend your Lordships will transmit
me the King's Orders thereon by the first ship, or this Govern-
ment will fall into all confusion. For there is now near 20,000
due for the support of the King's garrisons and other services,
and there has not been a shilling in the Treasury for many
months. Nor will the Representatives grant any money unless
they can have the supervising and passing every account, which
I am fully of opinion is reserved in the Charter to H.M. Governor
and the Council, and H.M. 30. Instruction I think exactly agree-
able to the royal Charter. " The Assembly have been lately
under adjournments waiting for H.M. pleasure on their petitions
and addresses" etc. Has lately been to New Hampshire to hold
the Assembly. Is sorry the affair of the boundary is not brought
to any conclusion, in spite of his pains in both Provinces, and
thinks it never will be by them. In justice to New Hampshire,
Wt. 441
C.P. XXXVIII 20
306 COLONIAL PAPERS.
1731. [457]
he must say they have been very willing to submit the decision
of this affair in exact conformity to H.M. Instruction. But
the Massachusetts have made too many obstacles, nor have they
been so candid and fair as N. Hampshire. Has taken all care
to keep things and persons from running to the extremity they
did in Governor Burnett's time, but is in daily fears of difficulties
among the Borderers. It is of absolute necessity for the peace
and honour of H.M. Governments and for the welfare of the
subjects that this long controversy should be adjusted. N.
Hampshire seems resolved to pursue it by an immediate
application to H.M. for appointing Commissioners etc. Believes
that Assembly would willingly be at the whole charge to have
the matter effected. Will order the bills of credit to be called
in in accordance to the acts, and will send an account of the
paper currency in N.H. Refers to and repeats his account of
the Councillors 25th Jan. last. When last there he appointed
Benjamin Gambling in the place of Mr. Frost, resigned owing
to ill health etc. Is surprised to learn that a gentleman of the
Board observed that they would be glad to hear from the
new officer the King has appointed under him, before taking
any resolution about Councillors. To gratify an inferior
Officer by giving him liberty and privilege of nominating the
Councillors and of denying it to the King's Governor would
subvert all good order, and fill that Government with discord
and confusion, " which would be very happy, and so shou'd
I, if we might be quit of that uneasy Gentn. Collo. Dunbar,
and as his being Lieut. Govr. is no sort of service to him, nor
can I (with submission to your Lordships) believe it any to
H.M., or that people, I wou'd still pray that Coll. Henry
Sherburn might be Leiut. Govr. there " etc. All this part of
the world are astonished at the false and malicious account
which Col. Dunbar dressed up against him respecting Frederick's
Fort. " All I did was conformable to good reason, and my
duty to the King." Dunbar has continually behaved in an
insolent, haughty manner to him. Their Lordships will in a
little time be convinced that what he has been so long pothering
about in the Eastern Country will never come to anything
under his management " threatening to tye people to trees
and whip 'em, and burning the fruits of their honest labour
are odd measures to pursue in an English Government, and
under the most gracious Sovereign in the world " etc. Set out,
Mass. Hist. Soc. Coll. 6th Ser. VI. 14. Signed, J. Belcher.
Endorsed, Reed, llth Dec.,>1731, Read 3rd Oct., 1732. 8 pp.
[C.O. 5, 874. ff. 15Qv.-164v. (with abstract}.}
Oct. 29. 458. Rip Van Dam to Mr. Popple. Will communicate
New York, to the Judges etc. the opinion of the Attorney and Solicitor
General on the Act concerning the levying of fines in England
to cut off an entail in New York, enclosed in Mr. Popple's letter
AMERICA AND WEST INDIES.
307
1731. [458]
of Feb. 24th. He laid his enquiries of 10th June before the
Council who were of opinion that he must singly make an
answer thereto. Continues : " I do not know of any laws
made here, or any manufactures set up that may affect the
manufactures of Great Brittain, and as to what relates the
Trade and Navigation of this Province," refers to Representation
of the General Assembly (v. 2nd Nov.), " whereby I hope their
Lordships will be satisfied that our trade and navigation is not
detrimentall but advantageous to our mother Kingdom."
Acknowledges letter of 10th June with packetts for the Governors
of Rhoad Island and Connecticutt. Continues : I sent them
as directed pr. the first post and finding no printed coppies of
their laws here I desired them respectively to send me them
in order to be transmitted unto you offering to pay the charge
thereof. But till this day I have had no answer " etc. Printed,
N.Y. Col. Doc. V. 925. Signed, Rip Van Dam. Endorsed,
Reed. 22nd Dec., 1731, Read 4th Jan., 173|. Addressed. Sealed.
1 p. [C.O. 204, (205, abstract] 207i;.]
Oct. 30. 459. Mr. Partridge to Mr. Popple. Inclosed is a true
Puding coppy of an address from sundry of ye inhabitants (I suppose
the most principall) to the King from New Hampshire which
please to communicate to the Lords Commissioners for Trade
and Plantations, the original Govr. Belcher sent me. Thy
Friend, Signed, Richd. Partridge. Endorsed, Reed. 1st, Read
3rd Nov., 1731. Addressed. | p. Enclosed,
459. i. Address of the principal inhabitants, (Councillors,
Judges, Justices, Sheriffs etc.] of New Hampshire to
the King. Portsmouth in New Hampshire in New
England in America. Aug. 31st, 1731. Refer to
address of Council and Assembly thanking H.M. for
appointing as Governor a person so well accomplished
and so acceptable to the people. " Notwithstanding
which some restless persons for about three weeks
past have been endeavouring to disquiet the minds of
the weaker sort amongst us, in order to memorial the
Governour to the Right Honble. the Lords of Trade
and Plantations as a person not a friend to the
Province, and to pray that New Hampshire may
be no longer under the Governour of the Massachuset
Bay etc. In duty to our Sovereign, in honour to our
Governour in faithfulness to the Province and in
justice to ourselves we cannot be dumb on such an
occasion but most humbly crave leave to beare
testimony against an attempt (tho' never so unlikely
to succeed) wch. tends to sap the very foundation
of our happiness etc. Praise his " solicitious concern "
and unwearied efforts to accomplish the settlement
of the divisional line between the two Provinces etc.,
308 COLONIAL PAPERS.
1731. [459. i]
wch. is what we earnestly supplicate, may have as
speedy an issue as is consistent with your Majesty's
royal pleasure, for the longer that difference lies open
the greater are the mischiefs which attend it etc.
Praise the Governor " whose administration is so wise
so just so equall and to such universal acceptance "
etc. Continue : This your Majesty's Province is so
small the people so few, and in general so poor that
it makes the settlement of the line still more necess-
ary and is no bad argument to enforce our humble
request for being continued under the Governour of
the Massachusets Bay, and especially him who at
present is, and we hope will long continue, in that
station ; for we have done our utmost already even
to our almost undoing in fixing so large a summ for
the Governor's sallary, pursuant to your Majesty's
Instruction, and if more should be required to support
the dignity of a resident Governour we can foresee
nothing but enevitable ruin, and beside if we should
again be visited wth. a French or Indian warr, or
both (as at this juncture we are threatned) then yet
more deplorable would our condition be, for now we
can ask succour (as occasion may require) from the
common Father of both Provinces with hopes of
success but how it may be upon a different footing
God alone knows etc. Pray for H.M. long and glorious
reign etc. 73 signatures. Copy. 3| pp. [C.O. 5,
873. ff. 241-243i;.]
Nov. 1. 460. Order of Committee of Council. Referring following
Whitehall. t o the Council of Trade and Plantations for their report thereon.
Signed, W. Sharpe. Endorsed, Reed. 30th Nov., 1731, Read
5th Jan., 173^. 1| pp. Enclosed,
460. i. Petition of Rev. Timothy Cutler, Minister of the
Church of England in Boston to the King. Refers to
former petition (v. C.S.P. 14th July, 1727 and A.P.C.
III. No. 119) against several acts of the Massachusetts
Bay, obliging members of the Church of England
to pay to the support of Presbyterian and Independent
teachers. This petition was referred to the Lords
Commissioners for Trade, but they have not made
any report thereon, occasioned as petitioner (conceives
" by the Assembly having so soon as they were
informed of the said application passed an act in
addition to the sever all acts for the settlement and support
of Ministers (1727) whereby, after imposing a generall
tax on all the inhabitants of every town parish or
precinct, it is provided that all members of the Church
of England who reside within five miles of a Society
AMERICA AND WEST INDIES. 309
1731. [460. i]
of the Church of England where there is a person in
orders according to the rules of the Church of England
abiding among them and performing Divine service
so that such members of the Church of England can
conveniently and do usually attend the publick
worship there, that in such case the taxes collected
of such persons be paid unto such Minister of the
Church of England. But in case of any deficiency
happening by such payments to the Ministers of the
Church of England in the salary covenanted to be
paid to them by any town, parish or precinct to the
Ministers of the Churches therein by law established,
it is then and in such case enacted that such deficiency
shall be made up within two months by such town,
parish or precinct generally which will take in all the
members of the Church of England. Petitioner
humbly conceives it was apprehended this act would
in a great measure free the members of the Church
of England from the many oppressions brought upon
'em by the severall acts complained of etc., but it is
very common for the people in New England to go
ten or fifteen miles to Church so that this last act by
limiting the exemption to five miles is very far from
removing the grievance complained of etc. James
Ellis of the town of Cambridge, a member of the
Church of England and who hath a pew in petitioner's
church at Boston where he duly attends the Divine
worship of God and who pays towards the support
of the said Church hath been greatly distressed and
is now actually confined and imprisoned in Cambridge
gaol for not paying towards the support of the
established Minister of that town by reason that his
place of residence is upwards of five miles distance
from petitioner's church etc. Submits whether the
Governor and Council are warranted by their Charter
to pass any law whereby to tax the members of the
Church of England or any other perswasion to the
support of the Ministers of what they have taken
upon them to establish as the Provincial Church.
Prays that the acts complained of may be repealed,
as being not warranted by the Charter, and that the
Governor be strictly enjoyned not to pass any act
whereby any tax shall be laid on the members of any
one perswasion for the support of the ministers of
any other etc. Copy. 6 pp. [C.O. 5, 874. ff.
8v.]
Nov. 1. 461 . Governor Belcher to the Duke of Newcastle. Abstract.
Acknowledges letter of 14th Aug. brought by Mr. Shirley, who
310
COLONIAL PAPERS.
1731.
Nov. 2.
Whitehall.
Nov. 2.
New York.
[461]
is so strongly recommended by His Grace for a pleader to the
several sets of Judges etc. Continues : As they are under my
appointment, I hope my influence with them may be of service
to him etc. He will, as desired, be watchful to suggest anything
by which His Grace may further contribute to Mr. Shirley's
encouragement. Repeats report of wreck of Spanish galleons,
and that this was the richest Fleet that ever went from the
Spanish West Indies. What turn this disaster may give to the
affairs of Europe can't easily be seen. Will transmit affidavits
etc. Expresses gratitude for the honour done by His Grace
to his son Jonathan and for his favour to himself in the affairs
of his government, and affirms his zeal and loyalty. Continues :
My brother Mr. Partridge gives me a very particular account
of your Grace's favour and kindness to me in the matter of my
support from this Government, and that you have been very
ready in obtaining H.M. royal leave for my taking the money
last granted me by this Assembly etc. Returns thanks and
requests that when matters relating to him come before Ministers
Mr. Partridge and his son Jonathan may be notified to appear
as his agents. Continues : " My son after spending the last
seven years at our little University in Cambridge chose
to attempt the study of the law for his future business in life,
to which end I have sent him to the Temple" etc. Asks for his
patronage of him etc. Signed, J. Belcher. 3| pp. [C.O. 5,
898. No. 97.]
462. Council of Trade and Plantations to the King. There
being six vacancies in the Council of New Hampshire
(enumerated) recommend, to fill the room of the deceased and
absent Councillors, Benning Wentworth, Richd. Waldron,
Anthony Reignolds, Benjamin Gamblin, Theodore Atkinson,
and Joshua Peirce. Conclude : And whereas some doubts
have lately arisen whether yor. Majesty's Lt. Governor of New
Hampshire for the time being is to be reputed a Member and
sit in Council there, when yor. Maty's. Capt. General shall be
resident in that Province, propose that Lt. Governor Dunbar,
or the Lt. Governor of that Province for the time being, may
be added to the list of the Council, and take place as the first
Councillor there. [C.O. 5, 916. p. 434.]
463. President Rip Van Dam to the Duke of Newcastle.
Duplicate of letter to Council of Trade and Plantations following,
mutatis mutandis. Signed, Rip Van Dam. Endorsed, R. Jan.
15. 4| pp. Enclosed,
463. i. Representation of the President, Council and Assembly
of New York to the King. Continues : With grief
and concern we have heard of the monopoly aimed
at by the Sugar Colonies, which, if obtained, will, we
conceive, tend to the ruin of this Colony, and be
AMERICA AND WEST INDIES. 311
1731. [463. i]
prejudicial to the trade and navigation of great
Britain : For there's yearly imported into and con-
sumed in this Colony, a very large quantity of the
woollen manufacture of great Britain, for our
cloathing and preservation, from the excessive cold
of our winters, and so great is our consumption of those
commodities, that we have reason to believe, the
whole sugar Colonies (excepting Jamaica on account
of the Spanish trade) do not consume the like quantity,
and should we be disabled to pay for that manufacture,
we must be reduced to nakedness, or to make our own
cloathing. The product of this, and the neighbouring
colonies of New Jersey and Pensilvania, is provisions,
horses and lumber which are exported to the British
and foreign sugar Colonies, and in exchange for them
are had monys, rum, sugars, molasses, cocoa, indigo,
cotton wool etc., whereof the rum and molasses, are
chiefly consumed in this Colony, and the monys and
other merchandize, are mostly applyed to make good
the balance of our trade to great Britain, and so great
a part of that ballance, is paid in mony, that, we have
reason to believe, that all the British sugar Colonys
together (excepting Jamaica) do not import so much
silver and gold into Great Britian, as this single Colony.
We are well assured that the British sugar Colonys
cannot take off the one half of the provisions, which
this and the other two bread Colonys do export, nor
are they able to supply the Northern Colonys with
the rum and molasses there consumed, without vastly
diminishing the quantity of sugar which they now
make ; and tho' we be not by express words, in the
monopoly aimed at, restrained from exporting our
provisions to the foreign sugar colonys, yet the
restraining us from taking any part of their product
in exchange, will as effectually do it : Wherefore,
we have reason to apprehend, that if the monopoly
aimed at, be obtained, our product now exported to
the foreign sugar Colonies, will be as lost to us ; and
that we shall have little more from the British Sugar
colonys, for all our provisions that they can consume,
than the rum, molasses and sugar, which we want to
consume amongst ourselves, seeing the glut of our
product with them must greatly lower the price
thereof, and the great demand of rum and molasses,
must vastly enhance the price of them ; and disable
us to pay for the British manufactures we have already
had, and owe for, and to pay for any more ; must
diminish the consumption of the British woollen
manufacture, and the navigation now employed in
312 COLONIAL PAPERS.
\
1731. [463. ij
bringing it to us, and in carrying our product to the
foreign sugar Colonys, and in carrying what's got in
exchange for it to Britain, must diminish the quantities
of sugars, made in the British sugar Colonys, and
enhance the price thereof, so much, that Britain will
probably be disabled to export any part of it. Gracious
Soveraign, We implore your most sacred Majesty, the
father of all your subjects, who has the care and
prosperity of all of them equally at heart, and who
will be far from countenancing any indeavours, to
make one part of them the slaves and bondmen of
another, with whatever specious pretences it may be
aimed at ; to have pity and compassion upon us, your
poor, but most loyal and dutifull subjects, of these
bread Colonies ; upon the merchants of Great Britain,
to whom we are greatly indebted ; upon them, and the
many tradesmen and seamen of great Britain, who
get their living by the British trade, with us : and
to grant your most gracious protection against this
attempt, which in its consequences, would tend, as
we humbly conceive, to deprive them of their just
debts, and future support ; and to cut us off, from
being of any other use, to our Mother Country, than
to be the bondsmen and slaves, of her sugar Colonies ;
by confining us to them, for the vent of the produce of
our industry, and in consequence, oblidging us, to
take what price for it they please, and to give what
price they think fit, for what we have in exchange
from them etc. Signed, Rip Van Dam, President,
8 Councillors, and Ad. Philipse, Speaker and 25
Assemblymen. 1 large p.
463. ii. Nine Acts of New York, passed Sept. 1731. Printed.
25 pp.
463. iii. Journal of Assembly of New York, 25th Aug.
30th Sept., 1731. Printed. 22 pp.
463. iv. Naval Officer's list of ships cleared and their out-
ward loadings, Port of New York, 26th March 30th
Sept., 1731. Signed, John Lindesay, Nav. Off. 20 pp.
[C.O. 5, 1093. ff. 174-176, 177u., 178, 179-191,
192-202i;., 203t;., 204u., 205t;., 206i;., 207u., 208r.,
209a., 210i;., 211z;., 212-;., 213, 214, 215, 216, 217,
218, 219, 220, 221, 222.]
Nov. 2. 464. Rip Van Dam to the Council of Trade and Plantations.
New York. Abstract. Refers to letter of llth Sept. The Assembly ended
their session on 30th Sept. Encloses Journal of Assembly,
Minutes of Council and Acts passed vizt. (i) An act to support
the troops at Oswego and to regulate the Indian furr trade. No
answer having been received to the representation of the
AMERICA AND WEST INDIES. 313
1731. [464]
Assembly to H.M. relating to that affair, and as that house
would have fallen to destruction if no provision were made for
another year, etc., a duty on the trade there was thought the
most proper means to supply that place for another year in
expectation of H.M. further directions concerning the same etc.
Has since received letter of 28th Oct., after the Assembly was
adjourned to second Tuesday in Dec., " which will not be a
proper time for them to meet, because the rivers by which near
a third part of the members must come to this place are then
frozen up." (ii) An Act to impower Samuel Baker and others
to employ proper persons for the service of this Colony at the Court
or Parliament of Great Britain. His reasons for passing this
act are fully expressed in the preamble and preceding Address
(encl. i), " for it must be manifestly apparent to all unbyassed
persons that if such an Act of Parliament as the Sugar Colonies
solicited the last Sessions should pass, it would in a short time
prove the ruin of all the inhabitants of this continent and
entirely impoverish them, and thereby hurt the manufacture
of Great Brittain and disenable the inhabitants of this Colony
from sending yearly a considerable sum of cash for Great
Brittain etc., and in case of a war with the French this Colony
would by reason of the poor condition it would be reduced to
become wholly unable to defend itself and become a certain
prey to the Ennemy, more especially since the French have
already encroached and built a fort at a place called Crown
Point from whence they may in three days march to Albany "
etc. (iii) An Act continuing an Act for regulating the Militia
etc. (iv) for fortifying the city of Albany etc. To secure the
city and frontier till a fort can be built etc. (v) to prevent
damages by swine in the County of Orange (vi) to provide able
pilots etc. between Sandy Hook and the Port of New York, (vii)
An Act to explain part of an Act to repeal some parts of an Act
and continue others and for granting duties to H.M. for supporting
his government, 1728 1733. A ship belonging to this colony
with a considerable number of negroes on board her, in her
voyage from Africa, touched at Antigua to purchase some
provisions and refreshments but landed none of hej slaves there,
and then came to New Jersey, where there is no duty paid for
any slaves imported, but the owner of the vessel being desirous
to import the greatest part of them into this province, if he
might be allowed to pay only the duty of five ounces of plate
for every head, which seemed to be a doubt in the Act for the
settling the Revenue abovementioned, being it was said the
ship did not come directly from Africa altho' the intention of
the Legislature in that former act was only to encourage the
African trade and so laid a double duty on slaves imported here
from the West Indies which are generally refuse and very badd
and could hardly be applicable to such slaves coming from
Africa and had been nowhere landed etc., I therefore considered
314 COLONIAL PAPERS.
1731. [464]
that if I did not pass that law none of the slaves would have
been brought hither etc. (viii) An act continuing an act to farm
the excise of strong liquors etc. (ix) to release Andrew jr. upon
surrendering his estate etc. Continues : The French continually
encroach on this Province and have lately settled a fort on the
Crown Point from whence they may in three days march to
Albany etc. The Assembly addressed me to lay this information
before H.M. and the neighbouring Governments etc. It is my
humble opinion that if no care be taken they will yet further
encroach from time to time and in case of a warr might prove
fatall and now in time of peace it is the only meanes they have
to draw the Indians from us, mine our trade and secure all to
themselves and untill the limitts be settled between the two
Crowns actions of this nature will happen every day and will
always be to their advantage and our detriment, because they
have a great number of people that runn amongst the Indians
and are much like them and so agree better with the Indians
than our more civilised inhabitants can do besides the continuall
infatuation of their priests amongst Indians who are taken
with the outward pomp of religion makes a greater number
of proselytes than it is possible for us to do, and therefore I
most humbly begg your Lordshipps to lay this before H.M.
that the limitts between the two Nations may be settled and
a freedom of trade with the Indians be reserved to H.M. subjects
and that such late encroachments be removed " etc. Refers to
enclosures. Since taking the enclosed list of inhabitants
" neer 800 are lost by the small pox and daily more dying."
The stores in H.M. Fort George are in a very miserable condition,
the powder all damnified. Prays that a supply of stores of war
may be sent etc. Set out, N.Y. Col. Doc. V., pp. 925 929.
Endorsed, Reed. 22nd Dec., 1731. No signature. Read 4th
Jan., 173J. 5 pp.
464. i. List of stores of war in Fort George, July 12, 1731.
Signed, Phillip Cortlant, James Lancey. Same
endorsement. 1| pp.
464. ii. Census of the inhabitants of the Province of New
York. Totals: Whites, 50,242; Blacks, 7,202. Set
out, N.Y. Col. Doc. V., p. 929. Same endorsement,
ll'pp. [C.O. 5, 1055. ff. (abstract, 208), 210-212,
213i;.-215, 216, 217, 219, 220. 221, 222, 223, 224,
225-226t;.]
Nov. 2. 465. Mr. Browne to Mr. Popple. Encloses remarks etc.
(cf. Aug. 12, Oct. 1st). Concludes : Their Lordships cannot
have a stronger proof of my innocency, than the inability of a
Govr., with a whole Magistracy entirely, and the ministeriall
officers of the Government partly dependant on him, to convict
me of the least crime judicially " etc. P.S. The Register, who
is a creature of the Govr's., denys me a copy of the fees of the
AMERICA AND WEST INDIES. 315
1731. [465]
office ; I have sent to N. York, but none being in print, as I
am at this distance, it is difficult to procure a written one, but
I shall by some means soon procure and transmit one to you,
Sir, etc. Signed, J. Browne. Endorsed, Reed. 10th Jan., Read
5th May, 1732. Mem. Mr. Browne's remarks etc. were sent
with the Board's report of 5th May to the Lords of the
Committee. Holograph. Addressed. If pp. [C.O. 5, 1268.
ff. 83, 83v., 84r.]
Nov. 3. 466. Mr. Wilks to [? Mr. Popple]. Encloses following in
Bedford behalf of the Council and Assembly of the Massachusetts to be
ow ' laid before the Board. Proposes to attend the Board upon
this matter and that of the lands between Kennebec and St.
Croix etc. Signed, Fra. Wilks. Endorsed, Reed., Read 4th
Nov., 1731. 1 p. Enclosed,
466. i. Some reasons in support of the Address of the Council
and House of Representatives of the Massachusetts
Bay, humbly praying H.M. to withdraw such part of
his thirtyeth Instruction to his Governor as excludes
the House of Representatives from passing accounts
for payment. (1) The House of Representatives have
allways readily come into the imposing and levying
proportions and reasonable rates and taxes and from
time to time have chearfully supported the publick
Treasury with such sums of money as were sufficient
for the necessary defence and support of the Govern-
ment and preservation of the inhabitants and they
humbly conceive no part of the publick money so
raised by them ought to be issued but for such accounts
as are establish'd by law, or such as have been pass'd
on by the whole Court, except for expresses dispatch'd
for the service of the Govr. in recess of the Court, or
such other necessary and unforeseen charges as
demand prompt payment in which case the severall
draughts on the Treasurer ought to express out of
what fund and for what service the same is issued,
for shou'd the Govr. with the advice of the Councell
only have power ad libitum to dispose of the people's
money without having the service or accompts for
which the money is to be issued examined and pass'd
on by the House, it might prove of very fatall conse-
quence to H.M. good subjects of the Province. And
as it is more peculiarly the province of the House to
lay taxes on the people, so they humbly conceive it is
incumbent on them to take care that there be no
misapplication thereof, which they have no effectual
way of doing, but by being made acquainted with
what accounts and demands are made on the Province,
and passing thereon before payment be made etc.
316 COLONIAL PAPERS.
1731. [466. i]
Argues that this is in accordance with the Charter,
and that " it hath been the constant usage for the
Assembly to determine on the said accounts and
demands, whether they shou'd or shou'd not be paid
before the money hath been issued, and to prepare
the same for presentation to the Govr. in Council for
his warrant on the Treasurer etc. No manner of
inconveniency hath ever attended the exercise of this
power etc. Without it, a door might be opened for
the misapplication of public money, which the
Assembly could no ways remedy etc., but which might
disable the Province from providing for its defence,
etc. 3| pp. [C.O. 5, 873. ff. 244-246t;., 247u.]
Nov. 4. 467. Council of Trade and Plantations to the King. State
Whitehall, dispute between Governor Belcher and Lt. Govr. Dunbar,
concerning Col. Walton etc. Continue : Mr. Belcher
endeavours to justify the orders given by him to Col. Walton
[not to suffer Col. Dunbar to enter Fort William and Mary in
quality of Lt. Governor of N. Hampshire], from the 36th article
of your Majesty's Instructions to him, wherein it is provided
that he shall receive his whole salary, as Governor of ye
Massachusets Bay and New Hampshire, altho' he shou'd go
upon your Majesty's service into ye Colony of Rhode Island,
to view and regulate ye militia there, or whenever by your
Majesty's special order he should be commanded to repair into
any other of your Majesty's Provinces in Anerica, and from
thence inferrs that the powers of Government likewise remain
intire in him, notwithstanding ye lie absence ; But this indul-
gence is meerly an exception to ye general provision of ye said
Instruction, whereby your Majesty is pleased to direct that in
case of ye sd. Governor's absence from his Government, one
full moiety of his salary, and of all perquisites and emoluments
whatsoever, which would otherwise become due unto him, shall
during the time of his absence from your Majesty's said
Provinces, be paid and satisfied unto such Governor, Lt.
Governor, Commander in Chief, or President of your Majesty's
Council, who shall be resident upon the place for the time being,
which your Majesty is pleased to allot to them for their main-
tainance, and for ye better support of ye dignity of your
Majesty's Government in ye said Provinces respectively, and
ye said provision would certainly have belonged to them in ye
Gover.'s absence from either of ye sd. Provinces, but for this
exception, wch. refers only to salarys and perquisites, and has
no relation to matters of Government, wch. would otherwise
have been mentioned in it, as well as the salary. But Mr.
Belcher endeavours further to justify his conduct from ye last
clause of your Majesty's Commission to Colo. Dunbar, whereby
he is directed as your Majesty's Lieut. Govenr. to obey such
AMERICA AND WEST INDIES. 317
1731. [467]
Instructions as he shall from time to time receive from your
Majesty, or from your Majesty's Capt. General of New Hamp-
shire, now and for the time being. On the other hand, Colo.
Dunbar insists, that by one of the clauses in your Majesty's
Commission to him, he is directed, in case of the death or absence
of your Majesty's Captain General and Governor in Chief of
New Hampshire, to take upon him the exercise and performance
of all and singular ye powers and directions, contained in your
Majesty's Commission to ye sd. Capt. General ; and that also
by ye last clause in your Majesty's Commission, to Mr. Belcher,
all officers and ministers civil and military together with all
your Majesty's subjects in ye Province of New Hampshire are
required and commanded in case of the death of your Majesty's
Capt. General or in his absence out of ye Province, to give
obedience to ye Lieut. Governor or the Commander in Chief
of ye said Province. Wherefore Colo. Dunbar conceives that
it is his duty whenever Mr. Belcher shall goe out of New Hamp-
shire to take upon him and execute all the powers and authorities
contained in your Majesty's Commission to your Capt. General
of ye province of New Hampshire, with wch. your Majesty
hath been pleased to invest ye Lieut. Govr. for ye time being
provisionally, during your Majesty's royal pleasure, or untill
ye return of the Capt. General, into your Majesty's sd. Province.
And further, Collo. Dunbar insists, that altho' he is obliged by
your Majesty's Commission, to obey such orders, as he shall
from time to time receive from your Majesty, or from ye Capt.
General for ye time being, yet that ye sd. clause can only be
understood to have referrence to extraordinary occasions, and
not to ye ordinary course and administration of Government ;
and that even extending the said clause further than the natural
sense of it imply's, yet that all orders wch. Mr. Belcher may
send into New Hampshire, when he himself shall be out of that
Province ought always to be directed to your Majesty's Lieut.
Governor for ye time being, and no person in that Colony,
much less any military officer, should be exempted from obeying
such orders, as ye said Lieut. Governor shall give them, for
your Majties. service ; or that the forts and places of strength,
should be taken from under his command. This dispute being
a matter of very great consequence to your Majesty's service,
and to ye peace and good government of the Colony of New
Hampshire, we would not take upon us to decide between
Mr. Belcher and Collo. Dunbar without receiving your Majesty's
pleasure thereupon. But we would humbly propose that your
Majesty should be pleased to declare it to be your royal intention,
that al ye usual and ordinary powers of Government, in New
Hampshire shall be exercised there, by your Majesty's Lieut. -
Governor, and Commander in Chief of that Province for the
time being, whenever your Majesty's Capt. General shall be
or reside in the Province of ye Massachusets Bay, or in any
318 COLONIAL PAPERS.
1731. [467]
other place but ye said Province of New Hampshire. That
such extraordinary orders, as your Majesty's Capt. General shall
think fit to send for your Royal service to New Hampshire from
the Massachusets Bay or elsewhere, shall be directed to your
Majesty's Lt. Govr. or Commander in Chief of New Hampshire
for ye time being only. That ye said Capt. General during such
his absence from New Hampshire, shall not take upon him, to
exempt any officer, civil, or military, from paying obedience
to the orders of your Majesty's Lieut. Governor, or of ye
Commander in Chief of that Province for ye time being.
Annexed,
467. i. List of papers enclosed with above representation.
[C.O. 5, 917. pp. 1-8.]
Nov. 4. 468. Council of Trade and Plantations to the Committee
Whitehall. o f the Privy Council. Reply to reference of 7th July of Address
from the Massachusets Bay etc. Represent that, the practice
of striking and issuing bills of credit in lieu of mony, hath
been attended with very bad consequences, in several of H.M.
Colony's of America, and we conceive, ye ill effects of it are
visible in the province of ye Massachusets Bay, since notwith-
standing the flourishing state of New England, and ye
considerable figure she hath made for many years past in Trade
and Navigation yet the current mony of that Colony is at
present at so great a discount that 340 of their mony is only
equal to 100 sterling whereby the British merchants trading
to that country have heretofore been considerable loosers.
These were the reasons, which occasioned ye Instruction first
complained of in ye Address ; Yet H.M. was graciously pleased
to allow a paper currency in this Province, provided ye same
should not at any time exceed ye sum of 30,000, to be issued
in bills of credit for ye support and current service of ye govern-
ment of ye Massachusets Bay, and this condescention on ye
part of ye Crown ought we think to have sati[s]fied their
Assembly especially as they have not inform'd H.M. : and we
are yet ignorant of what funds they have, or might propose
to establish, for the discharge of such new bills, as they desire
to add to their present paper currency, and in what proportion
and by what methods the same shall be cancelled. The detail
of these particulars would be very necessary for our information,
and according to ye present sence we have of this matter, we
can by no means be of opinion that H.M. 16th Instruction to
His Governor of New England ought to receive any alteration.
As to ye complaint that is made in ye Address concerning the
30th Article of ye Govr's. Instructions, we take leave to acquaint
your Lordships that ye pretention of ye House of Represen-
tatives to a right of raising mony for ye supply of the Treasury,
by a vote, or resolves, instead of an act of Assembly, with ye
power of determining what accompts shall, or shall not be paid,
AMERICA AND WEST INDIES. 319
1731. [468]
even after the services are perform'd, is a point, which hath
already been very solemnly debated before H.M. most honble.
Privy Council, and was given up, even by the Agents of New
England, as a pretension yt. could not be maintain'd. Where-
upon the said Instruction was issued, and first bore date so
lately as ye 8th day of May 1730. We would further observe
to your Lordships that should H.M. withdraw his Instruction
on this head, the Assembly of New England/ wou'd be left in
possession of a power superior to any which ye British House of
Commons lays claim to, in cases of ye same nature, and wch.
ye Assembly hath fallen into ye practice of, in direct contra-
diction to ye tenour of their charter, whereby they are
empowered to raise mony for ye support and defence of the
Province by acts of Assembly only, the distribution of which
mony is expressly reserved to the Governor for ye time being,
wth. the advice and consent of the Council. We cannot be of
opinion therefore that this article of the Governor's Instructions
ought to receive any alteration, and if the Assembly of New
England, when they come to be acquainted with H.M. measure
[? pleasure] upon this subject, should either refuse, or neglect
to supply ye Treasury of that province in a legal manner, so
that neither the fortifications can be kept up, nor ye dignity
of H.M. Government supported ; it is not the King, but the
Assembly who will remain answerable for ye ill consequences
of their own conduct. [C.O. 5, 917. pp. 9-12].
Nov. 4. 469. Council of Trade and Plantations to the King.
Whitehall. Describes Lt. Governor Dunbar's complaint against Gov.
Belcher for constituting Col. Walton Commander of Fort
William and Mary in N.H., and forbidding him to take orders
from Col. Dunbar etc. Mr. Belcher endeavours to justify
his orders by his 36th Instruction, but this is merely an
indulgence and exception to a general rule relating to the
Governor's salary, and has no relation to matters of Govern-
ment, which would otherwise have been mentioned in it as
well as the salary. Continue : But Mr. Belcher endeavours
further to justify his conduct from the last clause of your
Majesty's Commission to Col. Dunbar, whereby he is directed
to obey such Instructions as he shall from time to time receive
from your Majesty's Capt. General of N. Hampshire. On the
other hand Col. Dunbar insists that by one of the clauses in
your Majesty's Commission to him, he is directed in case of the
death or absence of the Governor etc., to take upon him all the
powers of the said Governor, and that by the last clause of Mr.
Belcher's Commission all H.M. officers and subjects are required
in that case to give obedience etc. Wherefore Col. Dunbar
conceives that it is his duty whenever Mr. Belcher shall go out
of New Hampshire to take upon him and execute all the powers
and authorities contained in your Majesty's Commission to
320 COLONIAL PAPERS.
1731. [469]
your Captain General of the Province of New Hampshire etc. ;
and further insists, that altho' he is obliged by your Majesty's
Commission to obey such orders, as he shall from time to
time receive from your Majesty or from the Captain General
for the time being ; yet that the said clause can only be under-
stood to have reference to extraordinary occasions, and not to
the ordinary course and administration of Government, and
that even extending the said clause further than the natural
sense of it implys, yet shall all orders which Mr. Belcher may
send into New Hampshire, when he himself shall be out of that
Province, ought always to be directed to your Majesty's Lt.
Governor, and that no person in that Colony much less a
military officer should be exempted from obeying such orders
as the Lt. Governor shall give them, for your Majesty's service,
or that the forts and places of strength should be taken from
under his command. This dispute being a matter of very
great consequence to your Majesty's service, and to the peace
and good government of the Colony of New Hampshire, we
would not take upon us to decide between Mr. Belcher and
Col. Dunbar, without receiving your Majesty's royal pleasure
thereupon. But we would humbly propose that your Majesty
should be pleased to declare it to be your royal intention, that
all the usual and ordinary powers of government in N. Hamp-
shire shall be exercised there, by your Majesty's Lt. Governor
and Commander in Chief of that Province for the time being,
whenever your Majesty's Capt. General shall be or reside in the
province of the Massachusets Bay, or in any other place, but
ye said province of N. Hampshire. That such extraordinary
orders as your Majesty's Captain-General shall think fit to send
for your royal service to New Hampshire from the Massachusets
Bay or elsewhere, shall be directed to your Majesty's Lt.
Governor or Commander in Chief of N. Hampshire for the time
being only. That the said Captain General during such his
absence from N. Hampshire, shall not take upon him to exempt
any officer, civil or military, from paying obedience to the order
of your Majesty's Lt. Governor, or of the Commander in Chief
of that province for the time being. [C.O. 5, 752. Nos.
52, 52 i.].
Nov. 4. 470. Governor Talcot to the Council of Trade and Planta-
Hartfd. tions. By your favour I received the opinion of H.M.
Attorney and Solissitter General ; upon a Querie ; whether
fines and recoverys pass in England of the intailes lying in the
Plantations ; for which favour I desire humbly to acknowledge
your Lordships benificence. 'Tis a pleasure to me to be
informed by Mr. Popple's letter of May 31st past that
your Lordships have received my answers to your Queries etc. ;
and I am concern'd that the Book of our Laws from Govr.
Saltonstall came not safe to your hands ; I remember I heard
AMERICA AND WEST INDIES.
321
1731. [470]
his Honour say he was about sending over a sett of our laws
but whether he sent them or whether they miscarried I can't
tell etc. To make good and to answer Mr. Popple's letter of
10th June, sends the whole set of laws, " by which your Lord-
ships will se that our laws do not incumber the commerce,
navigation or trade of Great Britain altho' by reason of our
poverty and want of a staple commodity wherein to make
our returns we are not able to manage any great trade directly
to Britain which if it were otherwise with us we should rejoyce
to do. Your Lordships will be best inform'd of the reason,
necessity and usefullness of our laws by considering the state
and circumstances of our country so very many ways differing
from that of England. The book of laws I send you have been
some time out of the press since which some laws have been
altered and some repeal'd which notwithstanding I am forc't
to send with the rest unless I should print the book anew for
this purpose which I fear would delay the time beyond your
Lordship's expectation. With respect to our manufactures and
publick transactions I know not what I can add to that of my
answer to your Queries ; those things being now as they ware
when those answers ware made. But if anything further shall
occur worthy your Lordships' notice you shall not want the
intelligence of it. Signed, J. Talcott. Endorsed, Reed. 18th
Feb., Read 4th Oct. 1732. 3 pp. [C.O. 5, 1268. ff. 114-115i>.,
117, H7v. (with abstract).]
471 . Mr. Popple to John Sharpe. Encloses two copies of
Mr. Ocks' petition " for a grant of some lands to the westward
of the great ridge of mountains in Virginia, to be communicated
to my Lord Baltimore and my Lord Fairfax." If their Lord-
ships have any objections, desires the same in writing as soon
as conveniently may be. [C.O. 5, 1366. p. 80.]
Nov. 4. 472. Lt. Governor Pitt to the Council of Trade and
Bermuda. Plantations. Refers to letter etc. of July. Continues : I now
humbly beg the favour of your Lordships to interceed with
H.M. that the independent company of whom I am Capt. may
returne from Providence, assureing your Lordships they are
intirely necessary here, the inhabitants are not able to supply
the forts with sufficient guards, and as the pirates are very
numerous, and often come into the latitude, the Councill and
assembly who some time since represented their losses they
had sustained by the pirates, and there are now several negroes
borne in these islands aboard their ships who are excellent
pilotts and know every creek and bay belonging to it, they
numbly request your Lordships to interceed with H.M. that a
small man of warr may be stationed here. I need not informe
your Lordships of the consequences of these islands to the
English trade in America and how essential both the Company
Nov. 4.
Whitehall.
Wt. 441
C.P. XXXVIII 21
322 COLONIAL PAPERS.
1731. [472]
and a small ship would be, but do myself the honour of referring
your Lordships to the Honble. Capt. Forrester of H.M.S. the
Dursley who hapily for them came in here in a most distress'd
condition. I gave them all the assistance lay in my power
while they were refitting etc. Requests their support for his
application for salary in lieu of licence for whale-fishery etc.
Signed, John Pitt. Endorsed, Reed. 8th Dec., 1731, Read" 12th
Sept., 1732. 1 p. [C.O. 37, 12. ff. 102, 103t'.] ; and (abstract)
37, 24. pp. 34, 35.]
[? Nov. 5.] 473. Representation of Council of Virginia to the Council
of Trade and Plantations. Whereas we have received advice
by a letter from the Agent of this Colony to H.M. Lt. Governour
that a petition is prepared and designed to be presented by
sundry British merchants to the next session of Parliament,
praying that an act may pass to hinder any law from being
made in the Plantations that may affect the Trade or
Navigation of Great Britain : that the lands here may be made
liable to the satisfying all kinds of debts : and that appeals
which are now limited to 300 may be allowed for any sum not
under 100 ; and having seen the extracts of a late letter from
H.M. Lt. Governour to your Lordships (v. 8th Sept.) containing
many just exceptions against the passing any such act, we beg
leave to lay before your Lordships our reasons against every
part of that petition. (i) An Act of Parliament in such
indefinite terms forbidding the Plantations to pass any law
that may affect the Trade or Navigation of Great Britain,
will in effect deprive them of the most valuable privilege granted
them by the Crown as an encouragement to their first settle-
ment ; because our whole employment as well as interest bears
so near relation to our Mother-country, that it will be almost
impossible to frame any law that may not be construed some way
or other to affect the Trade or Navigation of Great Britain.
We can't, for example, lay any tax for the support of H.M.
Government : we can't confine our coopers to a reasonable
guage in the setting of tobacco hogsheads : nor can we make
any provision for the improvement of our staple commodities ;
for preventing the making or false packing of unsound and
unmerchantable tobacco, pitch and tar ; or for the just pay-
ment of debts in good and valuable commodities (in all which
the interest of the British merchants is equally concern'd with
our own) without violating so general an Act of Parliament.
There is already a very positive and full Instruction from the
King to all Governours, to suffer no such law to take effect till
it shall be assented to by H.M. 'Tis therefore very strange,
that the merchants who have thus the happiness to be much
nearer the throne than the planters are, and are commonly sent
for when any such law appears, should so far distrust H.M.
paternal care in this particular as to petition for an act of
AMERICA AND WEST INDIES. 323
1731. [473]
Parliament to releive them. Besides, it seems to be more for
H.M. service, and for the interest of Great Britain, to prohibit
the passing all such laws by a roial Instruction, than by an act
of Parliament : because the King by the advice of his Council,
will from time to time be perfectly able to judge of the
expediency of any such particular law ; while it will be hardly
possible to form an act of Parliament that will distinguish every
case, and provide against every inconvenience relating to this
matter. It is certain that in the construction of laws, that are
framed with the greatest exactness, men's judgments often
vary : It is therefore possible that a law may pass in the
Plantations, equally beneficial to the British and Plantation
Trade and Navigation in general, which yet may thwart the
private interest and conveniency of particular persons ; and
yet it would be injurious, even to the petitioners themselves,
to prevent the passing such a wholsom law, by an act of Parlia-
ment, or condemn it when made, only because it concerns the
Trade and Navigation of Great Britain, with which, it seems,
the petitioners do not intend the Plantation Assemblies shall
in any case intermeddle. But, to shew the further unreason-
ableness of this petition, we humbly presume the petitioners
don't intend to exclude the King from judging how far the
laws made in the Plantations shall be conformable to such an
act of Parliament (for 'tis certain there must be some judicature
to determine the controversy), and if so, what greater effect
could such an act of Parliament have, than H.M. instruction
hath already. And herein we beg leave to represent to your
Lordships that as the laws heretofore made in this Colony,
which in any degree affect the Trade and Navigation of Great
Britain, have always allowed a reasonable time before their
commencement, for the merchants to make their objections,
and for H.M. consideration of the justness and usefulness of
them, we hope the interest of our Mother-Country is so fully
secured thereby, that there is no need of such an act of Parlia-
ment, but that we shall still be indulged the same privilege in
the making laws for ourselves, as this Colony hath enjoyed
from its first establishment ; and that such laws shall be allowed
to continue in force until H.M. shall see fit to signify his
disapprobation thereof, (ii) As to lands in the Plantations
being made subject to the payment of debts etc., it would make
too severe a distinction between H.M. roial subjects here, and
those in Great Britain, by subjecting the lands of the planter
to the demands of the British merchant, at the same time that
the merchant's lands will not be liable to the demands of the
planter. Our lands here are held by the same tenure, and are
under the protection of the same laws, as the lands in England
are : and seeing, in the course of the Plantation business, the
factors are as often in the planter's debt, as the planter is in
theirs ; for this reason, if he hath not an equal remedy against
324 COLONIAL PAPERS.
1731. [473]
them, it would be against Justice, which always holds the scales
even. And therefore the consequence of so partial a distinction
must necessarily tend to create uneasiness in the minds of a
loial people, when they find they have not equal justice with
the rest of their fellow subjects ; especially since it can't be
denied even by the petitioners' themselves, but they are as
dutiful to H.M. and as useful to their Mother Country, (iii) As
to appeals etc., the expence a planter must of necessity be at,
in going to England to support the judgment he has obtained
here, and the damage he must sustain by being absent from
his business and family, can never be valued at less than 100 :
It should therefore seem a little absurd to desire that appeals
may ly for so small a sum as can hardly be supposed equal to
the charge of recovering or defending it. Besides, the reducing
of appeals from 300 to 100, will open a door to very great
injustice and oppression by sacrificing the poor to the rich.
A man in low circumstances must in such cases submit to give
up his right to a more powerful adversary, rather than be
dragg'd to England for so small a value, where he must spend
more in pursuing his claim than it can be worth. And lastly,
in appeals between the planter and the British merchant, the
latter will always have the advantage of living upon the spot,
and consequently of prosecuting his claim at a much smaller
expence. He may therefore afford to appeal for so inconsider-
able a sum as 100, at the same time that the planter who has
the misfortune of living as a great distance from the fountain
of Justice, must be a great sufferer by it. This makes the
planter's case very compassionate, and lays him under a
manifest disadvantage with respect to all appeals between him
and the merchants at home ; and more particularly where the
sum appealed for is so small as an 100. For all which reasons,
we humbly hope that no such law will pass etc.
Though we have to our great satisfaction seen by the printed
votes, that the bill which was prepared last session of Parliament
on the solicitation of the gentlemen of Barbadoes and the
other Sugar Islands, came to be rejected in the House of Peers,
yet we are still apprehensive new endeavours will be used to
obtain a law which gives the Sugar Colonies so great an advant-
age over all H.M. Plantations on the Continent. We entreat
your Lordships to permit us to add our reasons to the many
judicious remarks etc. in the Lt. Governor's late letter etc., which
he has been pleased to communicate to us. Such a bill as is
proposed, must in a great measure discourage all the Trade
and Navigation of all H.M. subjects on the Continent, and
prove the ruin of many families, who now subsist comfortably
by the sale of their provisions to the merchts. trading to the
West Indies. For (i), tho' the bill as it was last prepared lays
no restraint on the carrying provisions to the foreign Plantations,
yet the prohibiting the importation of rum, sugar or molasses
AMERICA AND WEST INDIES. 325
1731. [473]
from thence, doth as effectually restrain that trade, as if
provisions had been particularly mentioned ; since those forreign
Plantations afford no other returns than such as by this bill are
entirely forbid to be brought thither, (ii) Much of the land now
possess'd on the Continent, is unfit for the production of any
commodities that are suitable for the British market, and yet
are very proper for pasturage and Indian corn : it seems there-
fore extremely hard to take from the possessors of such lands
the means of their subsistence, by restraining the export of their
commodities only to H.M. Sugar Colonies, which cannot consume
one half of the provisions which the people on the Continent
can well spare, (iii) As the Sugar Colonies have been constantly
supplied with provisions, lumber and horses, and may be so
still at a reasonable price, and very often for less than those
commodities cost at the place of their first purchase, can it be
reasonable to hinder the British subjects on the Continent
from disposing of their commodities elsewhere, when the Sugar
Colonies are overstock'd and have no need of them ? (iv) If
by the bill proposed, the British Sugar Islands are to have a
monopoly of all the lumber and provisions exported from the
Continent, and people there only to be supplied with rum,
sugar, and molasses from the said British Islands, the conse-
quence is very apparent ; they will have it in their power to
exact what prices they please for their own commodities, and
to depretiate those on the Continent ; besides enhancing the
price of sugars sold to the British merchts. trading to those Sugar
Islands. For since at this time, sugar and rum are at a very
extravagant rate in all the British Sugar Islands, it is easy to-
conceive that the prices must be considerably encreased, when
all supplies from the forreign Plantations shall be prohibited.
Lastly, we are humbly of opinion that if the proposed bill should
pass as it was prepared last session of Parliament, it would no
wise distress the French or Dutch Settlements ; because those
forreign Colonies would still be supplied with lumber, horses
and provisions from H.M. Sugar Plantations : and there seems
to be a door left open for such kind of commerce as that bill
was then framed. For the penalties are only on the British and
Plantation vessels, and masters carrying horses or lumber to
the foreign Colonies, but no provision made for the punishment
of such as shall furnish those prohibited commodities to forreign
vessels hovering upon the coasts of the British Sugar Islands.
And since it is well known that the Island of Barbadoes lyes so
near to Martinico and St. Lucia and the Leeward Islands
contiguous to Guardaloupe and other French settlements and
to the Dutch islands of Saba and Eustatia, sloops or other
vessels from either of those forreign islands may in one night's
time take in and safely land in their own ports, both horses and
lumber without the danger of a seizure by any of the officers
of H.M. Customs : and in the same manner may the sugar and
326 COLONIAL PAPERS.
1731. [473]
molasses of forreign islands be clandestinely run into H.M.
Sugar Colonies ; and when mix'd with their own native product
can scarce be distinguished the one from the other, nor liable to
condemnation, where no evidences are to be found but negroes :
so that the people of the Continent will still be furnished with
forreign sugars and molasses, but at double the price they now
have it. Upon the whole, we humbly submit to your Lordships
whether it is fit altogether to prohibit a trade which encourages
the seating of lands that without it would remain as a desart,
which employs so many of the British subjects in the Northern
Colonies and the Island of Bermuda, in transporting the produce
of the labour of many of our inhabitants, and often affords such
returns as enables them to purchase negroes for enlarging our
tobacco manufacture : which furnishes our neighbours who
have few native commodities of their own, with beneficial
remittances to Great Britain ; and withall encreases the export
of the British Sugar Colonies to their Mother Country for the
supply of the European markets at the same time that it lessens
that of the forreign Sugar Islands. We are far from desiring
a licence to transport to the forreign Plantations any of the
commodities already prohibited by the Acts of Trade, nor any
other whatsoever prejudicial to the trade or manufacture of our
Mother Country. But as for all other productfs] of our labour
which no way interfere with the British trado, and which neither
the people of the Continent have occasion for, nor the British
Sugar Colonies can possibly use, such as, all kinds of provisions
and lumber, and even horses too (when neither the one can
employ nor the other desire to purchase them) it is humbly
hoped H.M. subjects on the Continent shall still be allowed the
liberty of sending them to such markets where they are most
vendible ; especially when it is considered that whatever is
gained by this commerce must at last centre in Great Britain,
or be laid out in the purchase of British commodities.
It remains that we humbly offer to your Lordships some few
considerations in relation to the vote of the Honble. House of
Commons of the 5th of May last, for laying before that House
a state of H.M. Colonies in America, with respect to their laws,
manufactures -and trade, which may affect the Trade, Navigation
and Manufactures of Great Britain. And herein permit us to
inform your Lordsps., that nothing but inevitable necessity
will ever induce the people of this Colony to go upon any kind
of manufactures interfering with those of their Mother Country.
When tobacco bears but a moderate price, every planter can be
supplied with all the necessaries he wants, out of the produce
of his crops, at much easier rates than he can furnish himself
by any home manufacture : But the price of tobacco having
been continually declining for divers years past, it is not to be
admired, if many poor people no longer able to gain cloathing
for their familys, by their crops, have tried to raise cotton and
AMERICA AND WEST INDIES. 327
1731. [473]
flax, and to make a kind of coarse cloth and linnen wherewith
to supply the wants of their indigent familys. This is a shift
they have often been put to upon the like occasion, and will no
doubt, have the same duration as it had then : for no sooner did
tobacco begin to rise in value, than all these newfangled manu-
factures vanished ; and the land which before had been used
for cotton and flax, immediatly converted into tobacco ground ;
and so it will again, whenever we shall be so happy as to see
our staple commodity rise to its former value. This is the only
kind of manufacture at present in this Colony ; and the principal
means to divert the people from it, is as has been said before,
to advance the credit and value of our staple ; towards which
a very good law pass'd last session of Assembly, and is now
ready to be put in execution : and if that has not the effect
which is hoped for, we know no other way of enabling the people
to subsist, than by some abatement of the high duties on tobacco,
which are at present very burthensome both to the merchant
and planter. In the mean time it is impossible to propose any
means to prevent people's endeavouriug to cloath themselves,
when they have nothing to purchase the same ; and no choice,
but to make it themselves, or go naked, a condition which we are
persuaded H.M. would not wish the worst of H.M. subjects to be
reduced to. As to new trades set up here, we know of none,
except four iron works now employed in the running of pig iron,
which is all exported to England, there being no attempts hitherto
made towards setting up forges for making it into barrs ; nor if
it were, is there any probability of it's being manufactured into
any utensils, which cannot be had at a much cheaper rate from
Great Britain. Besides these, there are now some copper mines
lately discovered, not without a probability of success : but these
are of so late a date, that besides some parcels of ore sent home
to England for experiments, little else has hitherto been made
of them. These are all the manufactures or trades set up or
discovered in this country ; and as we hope the one will administer
no occasion of jealousie to our Mother Country ; so there is no
doubt the other may with due encouragement add considerably
to its wealth and conveniency. We should not have troubled
your Lordsps. with so long a representation, had it not been to
obviate the misinformations of those who endeavour to acquire
advantages to themselves, at the expence of their fellow subjects ;
and to give your Lordsps. the best lights we could, in relation to
those enquiries, which seem to be intended in the next Session
of Parliament. For the rest, we beg leave to referr your Lordsps.
to what Capt. Isham Randolph shall have the honour to lay before
you, in relation to the several matters herein mentioned, who
having gone from hence to London, fully instructed as to what
relates to this Colony, with the trade and circumstances whereof
he is perfectly well acquainted ; and withall a gentleman of great
probity ; we entreat your Lordsps. will be pleased to give him
328 COLONIAL PAPERS.
1731. [473]
a favourable hearing in all such matters wherein he shall have
occasion to apply to your Board. And as it is our unhappiness
to have no representative, in the British Parliament, we beseech
your Lordships to take us under your protection ; and to lay
our case in so favourable a manner before H.M., that the loial
inhabitants of this British Colony may still continue to enjoy
those privileges which have been granted them by the Crown
from the time of their first settlement ; and may be protected
in their estates equally with the rest of H.M. subjects. Signed,
Robert Carter, James Blair, W. Byrd, Cole Digges, Joh.
Robinson, John Carter, John Grymes, W. Dandridge, Jno.
Curtis, William Randolph, Hen. Harrison. Endorsed, Reed.
17th, Read 18th Jan., 173i. 9 large pp. For date assigned, see
Lt. Gov. Gooch's letter, Dec. 22 infra. [C.O. 5, 1322. ff. 194-
198, 199u.]
Nov. 9. 474. Governor and General Assembly of Rhode Island to
the Council of Trade and Plantations. Answers to Queries.
The Colony lies in the Southern part of N.E. and is mostly
rough and uncultivated but improving. The soil is in most
places tolerable good and with labour will produce all sorts of
European grain, the climate is mild and temperate both in
winter and summer, the only considerable place in it is Newport
a town of about 400 houses. Situation and boundaries described,
and the part disputed by the Massachusetts Bay. Continue :
Agreeable to our Charter on the first Wednesday of May annually
we elect a Governor, a Deputy Governour and ten Assistants,
as also a Secretary, Attorney Genii, and Genii. Treasurer, by the
voices of the free inhabitants ; all other officers, saving town-
officers, are appointed by the Genii. Assembly. The trade of
the Colony consists almost altogether in sloops, some few
brigantines and two small ships, and made 4,980 tons or there-
abouts, and are navigated with 400 men. Ten years past the
trade was in 60 vessells and make 3,500 tons etc. Directly from
Great Britain we have but a small quantity of goods, having
but two vessells in a year trading thither ; but by the way of
Boston we receive almost all we use, which consists in duck,
cordage, broad cloths, drugget stuffs, serges, shaloons, hollands
garlix, thread, laces, scyths, nailes and other iron ware, needles,
pins, tape and many other sorts. But cannot give an exact
account of their quantity, they being by our merchants and
shopkeepers mostly imported by land. We have about ten or
twelve sail a year to Surranam, Estatia and St. Thomas's, the
commodities we carry thither are houses, lumber, live stock and
some provisions and make our returns in sugar, molasses and
some cocoa and in a year or two we have a vessell and some
times two trades to Genoa or Leghorn or Holland with fish and
logwood and in return take bills of exchange for London and
load home with salt, if from Holland Dutch goods which they
AMERICA AND WEST INDIES. 329
1731. [474]
pay a duty for in England. H.M. Collector of this Colony with
the Naval Officer, the waiters and other Officers are well
supported by the Government which has effectually suppressed
all illegall trade. The produce of this Colony is beef, pork, butter,
cheese, Indian corn, horses and sheep. Our annuall export is
about 10,000 sterling. There is no mines as yet discover'd
amongst us but iron and that not one quarter enough to supply
the inhabitants. Our whites are 15,302 and blacks 1,668. Our
inhabitants are increased about 6000 in these ten years past,
part from Great Britain but the greatest part by our own growth.
Our Militia are about 1,890. We have but one fort which is of
stone regularly built and new and will mount about 60 pieces
of cannon in it including the battery and commands the trade
of Newport. As yet we have not been able to provide cannon
for it, but have petitioned H.M. that of his grace and favour he
woud bestow some on us. The Indians in this Colony are 985
and are very peaceable. There is but a few Indians near us
and they are in the Massachusets and Connecticut Governments.
No French or Spaniards near etc. Continue : We have no
duties on any sort of goods imported saving a small revenue
arising upon the importation of negroes and appropriated to
the building of publick bridges and paving streets. The ordinary
expences of the Governmt. is about 2000 pr. annum this
currancy, extraordinary 2,500. The civil establishments is
by Superior and Inferior Justices and Justices of the Peace
chosen by the Assembly and commissionated by the Governour
for the time being and military officers are elected and chosen
in like manner. Signed, by order and in behalfe of the Genl.
Assembly of H.M. Colony of Rhode Island etc., J. Jencks, Govr.
Endorsed, Reed. 17th, Read 25th Jan., 173. 3 pp. [C.O. 5,
1268. ff. 38-39z;.]
Nov. 9. 475. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose copy of representation of Assembly of
Barbados. Continue : Your Grace will perceive thereby the
declining condition that island is reduced to, not only by a
hurricane etc., but likewise as they alledge, by the trade carried
on between the Northern Colonies and the French islands ;
This is a matter of so great consequence, that we must desire
your Grace would be pleased to propose to H.M., that he would
graciously recommend the consideration of the Sugar Trade
in general to this Parliament at their next meeting ; the several
propositions which the Assembly have suggested for their relief,
being of such a nature that they can only be attain'd by Act of
Parliament. Autograph signatures. 1 p. Enclosed,
475. i. Representation of Assembly of Barbados to the Council
of Trade and Plantations. Copy of Aug. 27 supra.
[C.O. 28, 40. Nos. 10, 10 i ; and (without enclosure)
29, 15. p. 239.]
330
COLONIAL PAPERS.
1731.
Nov. 9.
Whitehall.
Nov. 10.
Phila-
delphia.
476. Mr. Popple to Governor Worsley. Requests
information as to value of Governor's perquisites (as 26th Aug.)
Adds : By the Minutes of what passed when several of the
petitioners were heard at the Board, it was alledged by some
that the perquisites arising to the Govr., who presides in the
Court of Chancery, is Ordinary, Vice- Admiral etc. were computed
at about 2,000 pr. annum, tho' the precise summ could not
be ascertained. I take this opportunity of congratulating you
upon your return into Engld., and of desiring you will excuse
m y giving you so immediate trouble upon your return. [C.O.
29, 15. pp. 240, 241.]
477. Lt. Governor Gordon to the Council of Trade and
Plantations. This is his first opportunity of answering queries
of 10th June etc. Continues : I know not of one law in force
in this Province that can in any way affect the trade, navigation,
or manufactures of Great Britain, nor do I know of any trade
carried on here that can be injurious to that Kingdom ; for as
the merchants and leading people of this Colony principally
depend on the British trade, it is their manifest interest to
carry that to the greatest height they are capable. Of manu-
factures, we have neither woollen nor linens that are exported,
but as this countrey chiefly depends on, and subsists by, raising
of wheat with some tobacco in the lower counties, all that the
husbandmen can spare from the sustenance of their families
is commonly sold by them to pay for the British and West
India goods they want, and they are so far from laying up
anything in store out of their crops that they are too generally
in debt, and if they were not industrious in making some
cloathing, especially the coarsest sorts for themselves, their
families must be left naked : yet I have never heard that so
much as one peice of woollen made in the countrey has been
sold from the makers, those from the North of Ireland and
Germans of both which we have considerable numbers have
sometimes sold a peice or two of linen of their own making
to their neighbours, or others for the buyers' own use, but none
for exportation. The merchants and traders of this Province
use their utmost industry in contriving methods to make
returns for the British goods imported, and if more of such
returns could possibly be made, more of such goods would be
purchased, therefore all restraints on the people to prevent their
furnishing themselves with necessaries by their own industry
as cloathing, iron work for building ships, houses and the
utensils of husbandry, as some have inconsiderately proposed,
would have no other effect than to render so many of H.M.
subjects much more miserable and altogether useless, without
bringing any manner of benefit to Britain, for as no man sells
goods but in expectation of being paid, and as the country,
as the case now stands, purchases as much of British goods
AMERICA AND WEST INDIES.
331
1731.
Nov. 10.
Phila-
delphia.
[477]
as it can possibly pay for, 'tis in vain to oblige the people to
buy more, that is, what they cannot pay for. The only method
therefore to make these countries more profitable to Britain,
I conceive with submission, would be to encourage them to
raise some other produce than they have hitherto been accus-
tomed to. The vent for wheat flour and bread depends on the
crops of other countries and is therefore uncertain. Returns
by tobacco, peltry, pitch and tar (which two last we receive
from our neighbours) and by building of ships, is somewhat
more sure. It has been thought that iron would be a more
certain return, but those concerned in these expensive works
have from the loweness of the price in Britain been disappointed
in their expectation. An encouragement has been given by
our Assemblies for raising of hemp, but no great progress has
hitherto been made in that commodity, tho' in time it may be
more considerable. But I have earnestly press'd it on our
Assemblies to promote the making of raw silk, for which this
countrey seems to be as well fitted as most in the world, but
persons skilled in winding it from the balls are wanting, and
scarce any here can fall into the method, so that very small
advances have hitherto been made in this produce, yet as
raising of silk is said at first to have gott footing but by very
slow steps even in so populous a country as France, by proper
encouragements 'tis not improbable but in time it may also
obtain in these parts. Signed, P. Gordon. Endorsed, Reed.
24th, Read 25th Jan., 173|. 2| pp. [C.O. 5, 1268. ff. 35-
478. Same to Same. Having very lately received a letter
from the President of H.M. Province of New York, with a
Minute of a meeting of the Commissioners for Indian Affairs
at Albany, and the resolves of the Assembly of that Province,
touching the encroachments of the French, encloses copies etc.,
not doubting but the whole matter will be fully represented
by him etc. Continues : The French, on some pretence
claiming all lands lying on any waters, of the mouths or inletts
of which into the sea they are possessed even as high as their
first fountains, and some of the branches of Mississippi flowing
through the back parts of Pensylvania, th 
