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Publication* 


C;,B. 

?ub 


C 


CALENDAR 

OF 


COLONIAL      SERIES 


AMERICA    AND    WEST    INDIES 

1728-1729 

PRESERVED    IN    THE 

PUBLIC     RECORD     OFFICE 

EDITED    BY 

CECIL     HEADLAM,     M.A. 

WITH    AN    INTRODUCTION    BY 

ARTHUR    PERCIVAL    NEWTON,    D.Lit.,    F.S.A. 

Rhodes  Professor  of  Imperial  History  in  the  University  of  London, 
Fellow  of  King's  College,  London. 


ISSUED   BY    THK  AUTHORITY  OF  THE   LORDS  COMMISSIONERS   OF   HIS   MAJESTY'S  TRF.ASURY 
UNDER   THE  DIRECTION   OF   THE   MASTER  OF   THE   ROLLS 


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S.O.  CODE  No.  44 — 1014 — 36 


CONTENTS 


PAGE 
CORRIGENDA  iv 

INTRODUCTION  v 

CALENDAR  1 

GENERAL  INDEX  -       589 

The  reference  "  A.P.C."  is  to  the  printed  Acts  of  the  Privy 
Council,  Colonial  Series,  "  Journal  "  to  the  printed  Journal 
of  the  Commissioners  for  Trade  and  Plantations. 


NOTE.  etc.  printed  in  italics  in  the  course  of  the  text  indicates 
that  matter  merely  repeated  or  of  no  importance  is  there 
omitted.  Phrases  in  italics  are  summaries  of  matter  of 
slight  importance.  Words  printed  in  italics  between  square 
brackets  [thus]  are  suggestions  by  the  Editor  where  the 
MS  is  rubbed  or  torn. 


m 


CORRIGENDA 

p.     27.      no.  39.       For  "  drying  "  read  "  dyeing." 

p.     33.      no.  50  i.     For  13th  Jan.,  1727  read  13th  Jan,  172|. 

p.  362.      wo.  688.     For     "  Josiah     Millard "     read     "  Josiah 
Willard." 

In  the  numbering  of  the  documents  the  numbers  242  to  260 
inclusive  have  been  omitted  by  inadvertence.  There  is  no  gap 
among  the  documents  as  calendared. 


IV 


INTRODUCTION 


While  1726  and  1727  were  comparatively  quiet  in  British 
colonial  affairs,  the  two  years  covered  in  this  volume,  1728  and 
1729,  were  full  of  business.  This  is  indicated  in  its  size 
as  compared  with  that  of  the  preceding  volume.  The  text  of 
the  Calendar  for  1726-7  covered  432  pages  and  included  854 
items  ;  that  for  1728-9  fills  588  pages  and  1068  documents  are 
abstracted. 

I. 
GENERAL. 

In  the  colonies,  as  in  the  field  of  European  politics,  the  out- 
standing  feature  of  the  period  was  the  culmination  in  war  of 
the  long-standing  and  acrimonious  disputes  between  England 
and  Spain  over  the  commerce  of  the  Indies.  There  was 
no  formal  declaration  of  a  state  of  war,  there  were  no  campaigns 
on  a  large  scale,  and  save  for  Spain's  unsuccessful  operations 
against  Gibraltar,  hostilities  were  practically  confined  to  the 
attacks  of  Spanish  privateers  and  guarda  costas  on  British 
commerce  in  American  waters.  From  these  papers  it  is 
impossible  to  get  a  connected  narrative  of  the  naval  operations 
by  which  Great  Britain  was  attempting  to  cripple  Spain  by  the 
blockade  of  her  treasure  fleet,  but  we  learn  that  at  the  beginning 
of  the  period  Admiral  Hosier  was  still  cruising  with  his  squadron 
off  Cartagena  (33),  and  it  was  said  that  the  galleons  lying  there 
were  so  rapidly  deteriorating  that  it  was  doubtful  whether  they 
would  be  seaworthy  enough  for  the  voyage  to  Europe.  (43). 
From  time  to  time  we  get  glimpses  from  the  Jamaica  despatches 
of  the  difficulties  that  our  commanders  had  in  maintaining  the 
blockade.  They  had  to  keep  their  ships  supplied  from  the 
base  at  Port  Royal,  and  the  narrow  self-interest  of  the  colonists 
hampered  them  at  every  turn,  but  the  colonial  papers  only 
give  a  few  side-lights  to  the  naval  historian  upon  what  was 
going  on. 


VI 


COLONIAL    PAPERS. 


Admiral 

Hosier 

and  the 

Jamaican 

planters. 


Depreda- 
tions of  the 

Spanish 
privateers. 


The  agent  in  Jamaica  of  the  contractor  for  victualling  the 
Navy  wrote  to  the  Secretary  of  State  to  complain  of  the  passage 
by  the  Jamaican  Assembly  of  an  Act  which  would  have  the 
effect  of  monopolising  the  rum  produced  in  the  colony  for  the 
benefit  of  the  planters  and  middlemen  to  the  detriment  of  the 
navy.  Much  of  the  sickness  that  was  crippling  Hosier's  crews 
off  Cartagena  was  attributed  to  the  scarcity  of  rum,  and  several 
times  the  Admiral  was  obliged  to  quit  the  coast  and  thereby 
give  opportunity  to  the  Spaniards  to  escape  his  blockade. 
Because  of  the  hardships  imposed  by  the  Jamaicans  upon  the 
rum-contractor  and  their  insistence  upon  exorbitant  prices, 
he  threw  up  his  contract  at  the  very  juncture  of  Hosier's 
operations  against  Porto  Bello,  and  his  successor  could  only 
break  the  ring  by  bringing  in  rum  from  Barbados  direct  to  the 
ships  in  Port  Royal  harbour  and  refusing  to  pay  any  Jamaica 
dues.  (179). 

Our  ships  could  meet  with  nothing  out  of  harbour,  the 
Spaniards  showing  no  willingness  to  fight  but  keeping  close  in 
port  under  the  guns  of  their  batteries.  (35).  This  not  only 
caused  their  vessels  to  deteriorate  (119)  but  led  to  much  slack- 
ness in  the  British  ships  which  spent  much  of  their  time  at  Port 
Royal.  Trade  was  stagnant,  and  the  effect  of  the  depredations 
of  the  Spanish  privateers  was  felt  as  far  North  as  the  waters 
off  the  coast  of  New  Hampshire,  (71),  but  the  embargoes  upon 
either  side,  though  they  caused  losses  and  inconvenience  to 
the  merchants,  led  to  no  result,  for  they  were  not  vital  to  the 
fortunes  of  either  side.  The  Spanish  privateers  were  well 
armed  and  well  led,  and  they  let  nothing  escape  them  off  the 
Jamaica  coast,  (p.  95)  so  that  it  was  difficult  for  the  Governor 
to  get  his  letters  through  to  England,  (185).  The  operations 
of  the  privateers  off  the  coast  of  Virginia  compelled  the  intro- 
duction of  a  convoy  system  (p.  126)  that  was  much  disliked  by 
the  merchants  but  was  essential  to  the  safety  of  their  ships, 
and  in  every  direction  there  was  constant  irritation.  The  news 
of  the  assembly  of  the  Congress  of  Soissons  to  arrange  the 
preliminaries  of  peace  that  reached  them  in  June  1728  was 
welcomed  with  relief  in  the  colonies,  and  the  merchants  hastened 
to  prepare  claims  for  compensation  for  the  losses  they  had 


INTRODUCTION. 


vn 


Boundary 
claims  and 
counter- 
claims. 


Frontier 
atrocities. 


Threatened 

Spanish 
attack  on 
Jamaica. 


suffered  at  the  Spaniards'  hands  over  a  period  of  years  (e.g.  233 
and  enclosures).  A  British  despatch  boat  arrived  in  Jamaica 
at  the  beginning  of  June  carrying  orders  for  the  Spanish  viceroys 
for  the  cessation  of  arms,  (239),  but  those  orders  made  little 
effect  upon  the  activities  of  the  privateers. 

The  Board  of  Trade  was  directed  by  Newcastle  to  prepare  a 
memorandum  upon  the  disputed  claims  to  territory  in  America 
and  especially  to  the  right  to  cut  logwood  in  the  Bay  of 
Campeachy  where  many  of  the  Spanish  confiscations  had  taken 
place.  The  order  was  given  on  May  9  (191)  and  the  Commis- 
sioners did  their  work  as  expeditiously  as  possible  in  order  to 
prepare  a  brief  for  the  British  plenipotentiaries  at  Soissons. 
When  they  presented  their  report  at  the  end  of  June  (291), 
it  set  forth  an  interesting  resume  of  the  rivalry  with  Spain  on 
the  Carolina  boundary  and  in  the  West  Indies  since  the  reign 
of  Charles  II.  The  Government  were  able  to  place  this  report 
side  by  side  with  the  budget  of  correspondence  that  had  passed 
between  the  Governor  of  Havana  and  President  Middleton, 
acting-Governor  of  South  Carolina  showing  how  complaint  was 
answered  by  complaint  and  what  a  complicated  wrangle  had 
gone  on  (281  and  many  enclosures). 

Middleton's  long  covering  letter  (281)  proved  what  a 
scrambling  and  cruel  struggle  had  been  going  on  in  the  unsettled 
frontier  regions  near  the  Altamaha  River.  The  disputes  about 
Fort  King  George  have  been  mentioned  in  previous  columns 
of  the  Calendar,  and  the  rival  attempts  to  stir  up  the  Indians 
on  either  side  with  their  stories  of  raids,  burnings  and  scalpings 
in  the  border  settlements  remind  one  on  a  smaller  scale  of  the 
more  celebrated  frontier  struggle  between  the  French  and  the 
English  in  the  Ohio  country  a  quarter  of  a  century  later.  The 
conditions  of  American  border  warfare  were  the  same  whether 
in  the  north  or  the  south,  near  the  Great  Lakes  or  between 
Carolina  and  Florida. 

The  news  of  the  publication  of  orders  for  the  cessation  of  arms 
reached  the  West  Indies  in  July,  (324),  but  the  Spanish  privateers 
continued  their  depredations,  as  we  learn  by  the  complaints 
from  many  of  the  island  colonies  (394).  By  September  it  was 
clear  that  the  negotiations  at  Soissons  had  failed,  and  the 


Vlll 


COLONIAL    PAPERS. 


New 
fortifica- 
tions. 


Treaty  of 
Seville. 


Government  learned  that  the  Spaniards  were  making 
preparations  to  despatch  naval  reinforcements  from  Europe 
and  were  planning  hostilities  against  the  British  West  Indies 
on  a  more  considerable  scale  (394).  It  was  believed  that 
Jamaica  was  threatened,  and  Governor  Hunter  was  warned 
to  put  the  island  immediately  in  a  state  of  defence.  Thence- 
forward for  the  next  twelve  months  the  despatches  to  and  from 
Jamaica  were  filled  with  discussions , of  the  fortification  of  the 
island  and  the  accounts  of  the  Governor's  incessant  activity  in 
carrying-out  the  orders  that  had  been  given  to  him  (see  especially 
601,  604,  605,  621,  677,  690,  780,  835).  Plans  for  counter-attack 
were  also  considered  ;  an  examination  was  made  of  the  contri- 
butions that  might  be  expected  from  the  North  American 
colonies  to  any  expedition  against  the  Spanish  possessions  in  the 
West  Indies.  (539),  and  Colonel  Hart,  lately  Governor  of  the 
Leeward  Islands,  was  consulted  about  a  plan  for  attacking 
Porto  Rico  (698).  Walpole  was  a  peace-loving  Prime  Minister, 
but  he  clearly  had  no  intention  of  being  caught  napping  if  his 
elaborate  diplomatic  moves  in  Europe  should  fail  and  war 
should  threaten  vital  British  interests  on  a  considerable  scale. 

It  was  the  well-understood  principle  that  H.M.  Plantations 
abroad  and  especially  the  most  considerable  of  them  were  to 
provide  themselves  with  the  necessaries  for  their  defence  (p.  408), 
but  the  circumstances  of  Jamaica  were  so  specially  dangerous 
and  the  Government  was  so  concerned  with  the  preservation  of 
so  valuable  a  part  of  the  Dominions  in  America  that  they  were 
willing  to  furnish  the  island  with  ordnance  and  all  manner  of 
necessary  stores  from  home,  and  Governor  Hunter  was  thus 
assured  that  the  new  fortifications  he  was  building  (835)  would 
be  properly  supplied,  although  no  provision  for  them  had  been 
made  by  Parliament  (780).  However,  by  June  1729,  it  appeared 
that  the  preparations  in  Spain  against  Jamaica  were  suspended, 
and  although  the  privateering  against  British  ships  in  the  West 
Indies  continued,  things  seemed  to  be  moving  towards  an 
accommodation  of  the  disputes  between  the  two  powers.  The 
course  of  events  was  set  out  in  a  memorandum,  probably 
prepared  by  Charles  Delafaye  for  the  Duke  of  Newcastle,  and 
though  it  is  not  dated,  it  was  certainly  prepared  in  the  latte 


INTRODUCTION. 


IX 


part  of  1729,  (1055),  after  the  negotiations  for  the  Treaty  of 
Seville  had  commenced  or  possibly  after  its  conclusion.  That 
took  place  in  November  1729,  and  England  and  Spain  were 
formally  at  peace  once  more  just  as  our  period  closes.  The 
peace  was  clearly  a  precarious  one,  and  the  writer  of  the 
memorandum  congratulated  the  ministry  that  at  any  rate  the 
preparations  that  had  involved  so  much  trouble  and  expense 
would  not  have  been  wasted,  for  Jamaica  was  in  an  excellent 
state  of  defence  against  any  future  eventualities  (p.  580). 


Questions 

under  the 

Neutrality 

Treaty 

of  1686. 


The  friendly  relations  subsisting  between  France  and  Great 

Britain    were    reflected    on    their    colonial    frontiers,    and    the 

despatches   contain   fewer   references   to   border  friction   than 

usual.     The  Treaty  of  Peace  and  Neutrality  of  1686  was  regarded 

as  still  being  in  force,  and  an  interesting  question  arose  under 

the  provisions  of  its  fifth  and  sixth  articles  and  was  referred 

to  the  Law  Officers  for  their  interpretation  (195).     By  them 

reciprocal   power   was   given   to   the   two   kings   to    seize   and 

confiscate  the  ships  and  cargoes  belonging  to  the  subjects  of 

either  which  should  carry  on  trade  contrary  to  the  articles. 

Thus  French  ships  trading  with  British  colonies  were  liable  to 

condemnation  by  H.M.  Courts  in  the  Plantations  and  vice  versa. 

It  was  admitted  that  the  British  authorities  could  seize  such 

ships,  but  the  question  was  asked  whether  an  obligation  was 

laid  upon  them  to  seize  British  ships  known  to  be  lading  for 

illicit  trade  with  the  French  colonies  contrary  to  the  provisions 

of  the  treaty.     The  Attorney  General,  Sir  Philip  Yorke,  and 

his  colleague  gave  the  opinion  that  there  was  no  obligation  to 

this  effect  in  the  treaty,  and  that  if  it  had  been  intended,  it  could 

only  be  carried  into  effect  with  regard  to  British  subjects  by 

confirming  the  Articles  either  by  an  Act  of  Parliament  or  by 

Acts   of   Assembly    within   the   respective    Plantations,    (230). 

As  certain  of  the  colonial  Governors  had  acted  in  a  contrary 

sense  and  had  proceeded  to  a  condemnation  of  British  ships 

under  pretence  of  contravening  the  treaty  by  trading  with  the 

French  colonies,  an  Order-in-Council  was  issued  to  the  Board 

of   Trade    directing   the    preparation    of   Instructions   for   the 

Governors  to  prevent  it  and  the  consideration  of  new  laws  to 


COLONIAL    PAPERS. 


French 

intrigues 

among 

the  Indians. 


Decline 
in  the 

functions  of 
the  Board 
of  Trade. 


be  passed  in  the  Plantations  to  prevent  British  subjects  from 
importing  the  products  of  the  French  Plantations.     (238). 

The  long  standing  difficulties  about  French  intrigues  among 
the  Indian  tribes  along  the  northern  part  of  the  frontier  were 
less  noticeable  than  in  earlier  years,  but  there  is  an  interesting 
memorial  from  a  trader  of  French  birth  but  British  allegiance, 
who  had  lived  for  many  years  among  the  Cherokees  and  Creeks 
along  the  border  of  South  Carolina,  showing  that  similar  intrigues 
were  being  carried  on  among  those  tribes  to  bring  them  under 
French  influence,  and  it  proves  that  French  designs  were  not 
confined  to  the  northern  tribes  but  were  inclusive  of  the  whole 
length  of  the  debatable  frontier  beyond  the  Alleghanies  from 
north  to  south  (396),  thus  containing  the  germs  of  much  future 
trouble.  The  long-standing  rivalry  between  the  French  and  the 
English  in  the  Windward  Islands  will  be  referred  to  later  when 
we  come  to  deal  with  the  West  Indies. 

Turning  to  points  of  general  interest  relating  to  the  govern- 
ment of  the  colonies,  we  find  many  indications  that  the  functions 
of  the  Board  of  Trade  and  Plantations  were  suffering  the  decline 
that  was  referred  to  in  previous  Introductions.  Though  the 
Board  was  constantly  receiving  orders  to  make  enquiries  into 
colonial  affairs  and  furnished  elaborate  reports  of  the  results 
of  their  deliberations,  there  is  no  doubt  that  the  effective  dis- 
cussion of  such  matters  took  place  in  the  Committees  of  the 
Privy  Council  where  the  decisions  were  taken,  to  be  embodied 
in  Orders-in-Council  or  to  be  conveyed  in  letters  from  the 
Secretary  of  State  to  the  Governors  of  the  colonies  concerned. 
Thus,  when  in  November  1728  serious  complaints  were  received 
from  the  Attorney- General  of  South  Carolina  against  the 
proceedings  of  President  Arthur  Middleton,  Acting-Governor 
of  the  colony,  the  Duke  of  Newcastle  did  not  refer  them  to  the 
Board  of  Trade  but  to  the  Lords  of  the  Committee  of  Council 
tp  consider  what  action  should  be  taken  to  replace  him.  (498  i). 
The  method  adopted  in  this  and  many  similar  cases  seems  to 
contain  the  germs  of  the  modern  system  of  discussion  in  Cabinet 
committees  ;  the  Board  of  Trade  might  be  consulted,  but  it 
was  purely  in  an  advisory  capacity  for  providing  information 


INTRODUCTION.  xi 


upon  which  the  Committee  of  Council  could  take  action.     The 

Privy 

Council  President  of  the  Board  of  Trade,  the  Earl  of  Westmoreland, 
was  in  a  far  more  powerful  position  than  any  other  member  of 
the  Board,  for  he  was  also  a  member  of  the  Council  Committee. 
This  decay  of  the  Board  was  fully  realised  by  those  concerned 
with  colonial  affairs,  and  there  is  an  interesting  memorandum  of 
1728  calendared  here  (514),  that  was  probably  prepared  by  Martin 
Bladen,  which  sets  forth  the  essentials  of  the  question.  The 
business  of  the  colonies  before  the  Privy  Council  (i.e.  the  effective 
Council  corresponding  to  the  modern  Cabinet)  was  usually  very 
much  in  arrear  owing  to  the  pressure  of  other  business,  and  the 
writer  of  the  memorandum  proposed  that  the  Council  should 
set  apart  a  certain  day  a  week  or  a  fortnight  for  Plantation 
affairs,  and  that  when  Lord  Westmoreland  was  absent  from 
Town  another  member  of  the  Board  might  always  attend  to 
give  any  information  that  was  wanting  to  explain  the  subject 
matter  of  their  reports  (pp.  270-1).  The  President  of  the  Board 
of  Trade  had  no  personal  access  to  the  King,  as  the  Chief  of 
the  Treasury  and  the  Admiralty  had,  that  is  to  say,  effective 
action  could  only  be  taken  by  the  Committee  of  Council.  Both 
the  writer  of  the  memorandum  and  Sir  William  Keith,  lately 
Governor  of  Pennsylvania,  whose  memorial  to  the  Crown 
(513  ii)  he  was  considering,  proposed  that  this  measure  of 
reform  should  be  adopted,  as  the  Board  had  proposed  on 
previous  occasions  (p.  271),  but  the  idea  ran  counter  to  the 
general  course  of  the  development  of  Cabinet  authority  and  it 
did  not  commend  itself  either  to  Walpole  or  to  Newcastle. 

The  decay  of  the  power  of  the  Board  in  relation  to  colonial 
TheJP°*rd  appointments  was  marked,  and  at  times  they  protested.  Thus 
and  Colonial  in  August  1728  Governor  Hunter  of  Jamaica  wrote,  not  to 

appoint- 
ments,       the  Board  but  to  the  Duke  of  Newcastle,  to  recommend  the 

choice  of  Mr.  Alexander  Forbes  to  be  a  member  of  Council  (342). 
This  was  regarded  by  the  Board  as  a  slight  upon  themselves  and 
their  Secretary,  Alured  Popple,  without  being  formally 
instructed  wrote  to  the  Governor  thus.  "  They  [i.e.  the  Board] 
have  recommended  Mr.  Forbes  to  be  of  the  Council  as  you  have 
desired.  Upon  this  occasion  I  must  observe  to  you  that  the 
Board  have  ever  thought  themselves  by  virtue  of  the  Com- 


xii  COLONIAL    PAPERS. 


mission  the  proper  persons  to  judge  of  the  qualifications  of  those 
who  are  recommended  to  be  of  any  of  H.M.  Councils  in  America  ; 
and  therefore  you  will  do  well  for  the  future  to  make  your 
application  to  them.  It  is  true  that  persons  have  sometimes 
been  proposed  to  a  Secretary  of  State  in  order  to  their  being 
appointed  Councillors,  but  the  Board's  opinion  has  ever  been 
asked,  and  none  has  been  named  but  upon  their  recommendation. 
This  I  don't  tell  you  by  order  of  the  Board,  but  I  thought  it 
might  be  of  service  to  you  to  receive  this  private  information." 
(469).  However,  when  the  Order-in-Council  was  issued  formally 
appointing  Forbes,  it  was  stated  to  be  "  as  proposed  by  the 
Council  of  Trade  "  (503),  and  so  their  face  was  saved.  But 
there  can  be  no  doubt  that  the  Board  commanded  little  credit 
either  at  home  or  in  the  colonies.  In  his  dispute  with 
Massachusetts,  for  example,  Colonel  Dunbar  had  to  protest 
in  support  of  the  Board's  report  upon  his  schemes  that  "  they 
are  not  a  set  of  broken  merchants,  as  some  people  [in  Boston] 
take  the  liberty  to  say,  but  men  of  quality,  character  and 
fortune,  and  members  of  either  House  of  Parliament."  (1042  ii). 

The  insatiable  demands  of  the  Board  for  information  were 
demancTstor  always  somewhat  neglected  by  the  smaller  colonies  and 
information,  especially  by  those  without  Royal  Governors,  for  the  authorities 
there  knew  that  there  was  no  way  of  effective  reproof  and  they 
were  anxious  to  escape  the  labour  of  collecting  the  data  required. 
As  a  rule,  the  Board  seem  to  have  let  things  slide,  but  occasion- 
ally they  bestirred  themselves  and  circular  letters  were  written 
to  demand  answers  to  their  enquiries.  Thus  in  June  1728  they 
wrote  to  Connecticut,  Rhode  Island  and  Maryland,  which  had 
been  particularly  slack  in  complying  with  requests  for  infor- 
mation. "  It  is  H.M.  pleasure  and  express  command  that  the 
Governors  of  all  his  foreign  Plantations  do  from  time  to  time 
give  unto  us  frequent  and  full  information  of  the  state  and 
condition  of  their  respective  Governments  and  Plantations, 
as  well  with  regard  to  the  administration  of  the  Government 
and  justice  in  those  places,  as  in  relation  to  the  commerce 
thereof :  and  more  particularly  that  the  said  Governors 
transmit  unto  us  yearly  accounts  of  their  said  administration 
by  way  of  Journal,  together  with  the  Acts  of  Assemblies."  None 


INTRODUCTION.  xiii 


of  these  had  been  regularly  supplied  by  the  colonies  concerned, 
and  in  fact  papers  from  them  are  noticeably  lacking  among  the 
documents  here  calendared.  The  Board  went  on  to  say  "  We 
remind  you  of  sending  over  a  complete  collection  of  the  laws, 
which  has  been  so  often  promised  some  years  ago  by  several 
Governors,  upon  letters  writ  them  from  the  Secretary  of  this 
Board  for  that  purpose."  (289).  But  no  compliance  with 
these  requests  could  be  secured  and  no  answer  appears  to  have 
been  received.  As  is  recorded  upon  the  endorsement,  duplicates 
of  the  letters  had  to  be  sent  in  1731,  and  the  incident  illustrates 
the  passive  neglect  by  these  smaller  colonies  of  the  regulations 
by  which  they  were  nominally  bound. 

In  December  1729  the  Commissioners  were  ordered  to  make 
a  general  representation  upon  the  state  of  the  king's  islands 
and  territories  in  America  and  they  forwarded  two  circular 
letters,  the  first  set  to  the  Governors  of  the  island  colonies 
(1009)  and  the  second  to  the  Governors  on  the  Continent  of 
America  (including  the  Governor  and  Company  of  Connecticut 
and  Rhode  Island),  (1011),  setting  forth  a  series  of  queries  to 
which  detailed  answers  were  required.  The  queries  differed 
somewhat  in  respect  of  the  islands  and  the  continental  colonies, 
but  in  each  case  the  Board  requested  that  an  annual  return 
should  be  made  to  the  queries  and  that  they  should  be  apprised 
from  time  to  time  of  any  alterations  happening  in  the  circum- 
stances of  the  respective  governments.  On  the  same  day  a 
special  enquiry  was  sent  to  Barbados  asking  whether  the 
precautions  mentioned  in  reply  to  their  previous  queries  in 
October  1724  by  the  appointment  of  a  sloop  to  prevent  goods 
running  in  small  creeks  had  been  effective  and  what  might  be 
done  to  discourage  a  smuggling  trade  with  Martinique  or  other 
foreign  plantations  without  burthening  the  revenue  of  the 
Customs  with  too  great  an  expense.  The  Board  concluded 
with  the  pointed  question  "  How  stand  the  generality  of  the 
people  of  Barbados  inclined  to  promote  or  discourage  a 
smuggling  trade  with  Martinico  or  any  other  foreign  Planta- 
tions "  ?  (1010  i),  for  they  had  reason  to  believe  that  a  consider- 
able leakage  went  on  not  only  to  the  French  islands  but  also 
to  the  Dutch  plantations  in  Surinam.  Barbados  was  in  special 


XIV 


COLONIAL    PAPERS. 


for 
the  Royal 
Family. 


Absentee 
Patent 
Officers. 


relation  with  the  disputed  Windward  Islands  and  the  settlements 
in  Guiana  just  as  Jamaica  was  with  the  logwood  cutters  of 
Campeachy  and  the  Moskito  Shore. 

In  the  Introduction  to  our  previous  volume  reference  was 
made  to  the  doubt  that  arose  in  certain  colonies,  particularly 
in  Barbados,  about  the  form  of  prayers  for  the  Royal  Family 
after  the  accession  of  George  II.  The  matter  was  now  formally 
cleared  up  by  Order-in-Council,  and  special  printed  instructions 
embodying  the  new  form  of  the  prayers  were  sent  out  to  all  the 
Governors  of  the  Plantations  (144). 

The  question  of  patentee  officers  and  their  employment  of 
deputies  gave  rise  to  the  introduction  of  special  clauses  into 
many  of  the  new  warrants  of  re-appointment  which  were 
necessary  at  the  beginning  of  the  reign.  A  series  of  such  letters 
of  re-appointment  will  be  found  under  date  29  February  1728, 
and  it  appears  that  Colonial  Secretaries  held  office  during 
pleasure  and  were  required  to  reside  and  not  "  be  absent 
without  H.M.  leave."  Similarly  Attorneys-General  and  Chief 
Justices  were  required  to  reside,  but  no  such  provision  was 
inserted  in  the  warrants  for  Clerks  of  the  Market.  The  Clerk 
of  the  Navy  Office  in  the  Leeward  Islands  could  serve  by  deputy, 
but  the  Naval  Officer  at  Piscataway  was  required  to  reside, 
(73-87  inclusive).  It  is  impossible,  however,  to  be  certain 
whether  there  was  a  settled  policy  in  regard  to  any  but  key 
appointments  or  whether  favouritism  was  shown  by  Newcastle 
in  particular  cases,  of  which  he  has  sometimes  been  accused. 
There  was  certainly  something  other  than  principle  at  work  in 
such  a  case  as  that  of  Thomas  Windham.  On  29  February  1728 
he  was  re-appointed  Register  of  the  Chancery  Court  and  of 
Patents  in  Jamaica,  and  a  clause  was  ordered  to  be  inserted  in 
his  warrant  obliging  him  to  reside.  (75).  But  on  March  21 
a  fresh  warrant  was  issued  to  him  granting  licence  of  absence 
to  him  and  permission  to  exercise  his  office  by  deputy,  "  he 
having  humbly  represented  that  being  employed  in  [the  king's] 
service  at  home,  he  cannot  without  prejudice  thereto,  as  well 
as  to  his  own  private  affairs,  attend  the  said  office  in  person." 
(126).  We  have  here,  in  fact,  a  patent  job  in  favour  of  a  member 
of  the  powerful  Windham  family. 


INTRODUCTION. 


xv 


Payment 

of  officers 

by  fees. 


Absentee 
Councillors. 


In  even  the  larger  of  the  island  colonies,  where  there  were  no 
salaries  attached  to  offices  and  the  holders  were  paid  by  fees, 
these  were  so  small  in  amount  that  one  man  had  to  hold  several 
offices  to  make  a  living.  Thus  Francis  Whitworth  was  at  the 
same  time  Secretary  of  Barbados,  Secretary  to  the  Governor 
and  Council  and  Clerk  of  the  several  Courts.  He  had  to  provide 
an  office  and  stationery  and  employ  clerks  to  copy  the  Minutes 
and  Acts,  but  he  found  it  difficult  to  obtain  payment  of  his  fees, 
and  in  1728  they  had  been  mounting  up  for  nine  years  and  had 
reached  the  sum  of  over  1300/.  which  he  had  to  petition  the 
Crown  to  recover  from  the  Barbados  legislature  (268,  288,  364). 
Barbados  was  prolific  in  Pooh  Bahs,  of  whom  William  Webster 
was  an  outstanding  example.  He  was  at  the  same  time  Deputy 
Public  (i.e.  Colonial)  Secretary,  Deputy  Secretary  to  the 
Governor  and  principal  Agent,  Major  of  the  Guards,  Master 
in  Chancery,  Captain  and  Chief  Gunner  of  the  forts,  Surveyor- 
General  and  Captain  and  Commander  of  the  Magazine  Guards. 
This  peculiar  combination  of  administrative,  military,  legal  and 
technical  offices  in  a  single  person  was  exceedingly  unpopular 
even  in  a  colony  that  was  used  to  such  things  and  Governor 
Worsley  was  hard  put  to  it  to  justify  his  acquiescence  in  the 
scandal,  (pp.  198-9). 

Constant  absence  from  their  duties  was  a  regular  cause  of 
complaint  not  only  against  the  officials  but  also  against  the 
members  of  Council  in  various  colonies.  The  Board  of  Trade, 
for  instance,  noted  that  various  councillors  of  St.  Christopher's, 
Antigua  and  Montserrat  had  been  in  England  for  a  long  time 
to  the  neglect  of  their  duties  and  courteously  demand  explana- 
tions and  an  indication  when  they  proposed  to  return  to 
the  islands  (158,  164  etc.).  In  various  cases  they  could 
obtain  no  satisfactory  answers,  and  since  the  Governors 
often  complained  that  they  could  not  get  a  quorum  to  carry 
on  the  work  of  the  Councils,  the  Board  from  time  to  time 
proposed  the  dismissal  of  Councillors  who  had  long  been 
absentees.  Such  complaints  were  far  commoner  in  the  island 
than  in  the  continental  colonies,  and  in  the  large  northern 
colonies  Councillors  were  rarely  absent  from  their  duties  for 
long  periods.  The  Councillorship  was  regarded  as  an  honour 


xvi  COLONIAL    PAPERS. 


to  be  sought  after,  and  those  who  were  appointed  performed 
their  duties  zealously  as  a  rule. 

Payment  of  members  of  the  Assembly  had  been  introduced 
m  many  of  the  colonies,  and  we  shall  note  later  when  we  come 
of  the        to  speak  of  the  disputes  in  Massachusetts  that  this  imposed  a 

Assemblies. 

considerable  charge  upon  the  colony.  In  Virginia  some 
interesting  constitutional  points  arose  in  this  connection  that 
date  back  in  their  origin  to  the  English  Parliaments  of  the 
fifteenth  century.  By  constitutional  precedent  the  salaries 
of  the  burgesses  for  their  days  of  attendance  were  chargeable 
only  on  the  inhabitants  of  the  respective  counties  by  whom 
they  were  chosen  (p.  124),  but  in  1728  the  burgesses  passed 
a  resolve  for  paying  their  own  attendance  in  Assembly  out  of 
the  public  funds  raised  by  a  duty  on  liquors.  This  resolve, 
being  sent  up  to  the  Council  for  their  concurrence,  was  rejected  : 
whereupon  the  burgesses  immediately  prepared  a  bill  to  apply 
the  public  funds  in  the  hands  of  the  Colonial  Treasurer  towards 
the  discharge  of  their  salaries.  But  this  was  even  more  distaste- 
ful to  the  Council  and  was  thrown  out  by  a  larger  majority 
than  before  to  the  great  discontent  of  the  House  of  Burgesses 
(p.  123).  They  insisted  that  the  duty  upon  liquors  was  raised 
to  lessen  the  levy  by  poll  tax,  which  had  been  appropriated  to 
the  payment  of  their  salaries  on  previous  occasions.  But  the 
Council  maintained  that  it  was  charged  equally  on  all  the 
people  of  the  colony,  and  that  it  would  be  an  unequal  distribution 
of  the  public  money  to  allow  the  same  share  of  it  to  a  county 
having  a  thousand  tithables  (i.e.  tax  payers)  as  to  one  having 
three  thousand.  The  Act  of  Assembly  which  appointed  salaries 
to  the  burgesses  expressly  provided  for  them  to  be  paid  by  the 
respective  counties,  and  the  Council  would  not  consent  to 
another  system  while  the  Act  subsisted,  (p.  124).  Lieutenant- 
Governor  Gooch  was  very  much  concerned  at  this  dispute,  which 
he  feared  would  be  detrimental  to  the  peace  of  his  adminis- 
tration, and  appealed  for  special  instructions  from  the  Board 
of  Trade  as  to  what  action  he  was  to  take,  but  no  immediate 
answer  seems  to  have  been  given. 

The  same  matter  arose  in  New  York  and  it  is  interesting  to 
note  that  a  similar  process  was  going  on  to  what  had  taken 


INTRODUCTION. 


xv  n 


Powers  of 

the 
Assemblies. 


Survival 
of  early 
constitu- 
tional 
practices. 


place  in  England  in  the  sixteenth  century  when  the  practice 
of  paying  members'  wages  fell  into  disuse.  Every  county  of 
the  Province  was  by  some  act  or  other  obliged  to  pay  their 
representatives,  but  some  of  them  agreed  beforehand  to  serve 
for  nothing,  others  made  bargains  at  a  rate  under  what  they 
supposed  they  were  authorised  to  demand.  Others  again  made 
higher  demands  than  the  supervisors  of  the  county  thought 
they  were  entitled  to,  some  demanding  ten  shillings  and  getting 
it,  others  contenting  themselves  with  six  shillings  because  they 
could  get  no  more.  To  settle  the  disputes  Acts  of  the  Assembly 
had  to  be  passed  fixing  the  amount,  (p.  474). 

The  vexed  question  of  the  powers  and  procedure  of  the 
Assemblies  appeared  again  during  this  period  in  certain  colonies 
and  notably  in  Barbados.  The  Assembly  there  maintained 
that  they  had  the  same  powers  as  the  House  of  Commons  in 
Great  Britain  and  that  they  had  a  coercive  power  to  call  before 
them  such  persons  as  were  able  to  give  evidence  relating  to 
grievances  and  to  send  for  persons,  papers  and  records  for  the 
discovery  and  redress  of  such  grievances.  Their  demand  for 
such  powers  had  been  denied  as  far  back  as  the  time  of  King 
William  III,  but  it  was  brought  up  again  by  the  Barbados 
Assembly  in  connection  with  their  dispute  with  Governor 
Worsley  over  fees  (390,  pp.  200-1).  In  Jamaica,  contrary  to 
the  practice  of  the  Councils  in  the  continental  colonies,  the 
Council  claimed  a  right  to  sit  by  themselves  when  in  their 
legislative  capacity,  but  this  Governor  Hunter  emphatically 
disavowed  and  insisted  that  he  must  be  present.  (392). 

Another  case  of  the  survival  of  earlier  English  constitutional 
practice  in  the  colonies  appears  in  relation  to  the  Courts  of 
Chancery.  The  Governor  was  entitled  to  sit  as  sole  judge  in 
Chancery,  and  in  Barbados  serious  complaint  was  made  that 
Governor  Worsley  was  accustomed  to  issue  injunctions  in  that 
judicial  capacity  which  obstructed  the  proper  course  of  justice. 
In  reply  to  those  complaints  the  Governor  admitted  that  he 
issued  injunctions,  but  maintained  that  they  were  lawful.  He 
stated  that  upon  his  arrival  in  Barbados  he  found  that  writs 
of  injunction  were  granted  till  the  merits  of  a  cause  should  be 
heard,  even  after  judgment  had  been  given  in  the  lower  Courts, 

\Vt.  1525  C.P.  XXXVI— B 


xviii  COLONIAL    PAPERS. 


whence  sometimes  the  cause  did  not  come  to  be  heard  in  four 
or  five  years.  He  granted  such  injunctions  only  till  answer  and 
further  order,  so  that  in  two  months  time  by  motion  it  might 
come  before  the  Court  of  Chancery,  and  upon  hearing  the  merits 
of  the  petition  the  injunction  might  be  continued  or  dissolved, 
(p.  101).  The  Governor  went  on  to  make  a  rule  as  to  costs, 
which  shows  that  he  was  in  such  matters  exercising  judicial 
functions  in  person,  thus  mingling  them  with  his  proper 
executive  functions,  and  giving  rise  to  the  confusion  of  powers 
which  later  in  the  century  became  such  an  important  cause  of 
grievance  in  the  colonies. 

The  same  matter  arose  in  Antigua,  where  by  an  Act  of  1715 
no  Court  of  Chancery  could  be  held  unless  the  Governor  was 
personally  present  in  Council  (p.  294),  and  an  amending  Act 
had  to  be  passed  to  permit  the  Lieutenant-General  of  the 
Leeward  Islands,  the  Lieutenant-Governor  of  Antigua  or  the 
President  of  Council  to  serve  in  the  Governor's  absence.  The 
Court  consisted  of  him  and  five  members  of  Council,  and  the 
provision  for  a  substitute  would  save  the  suitors  of  the  Court 
"  the  charges  of  sloop  hire  in  following  the  General  [Governor] 
for  the  Great  Seal,  when  he  is  absent,  and  also  freed  from  the 
danger  of  losing  their  process  as  well  as  exposing  their  persons 
which  men  are  so  often  liable  to  who  frequent  the  seas."  Great 
difficulties,  too,  occurred  about  injunctions.  An  injunction 
that  had  been  dissolved  by  the  Governor  and  Council  at  Antigua 
sitting  as  the  Court  of  Chancery  was  sometimes  upon  application 
to  the  Chief  Governor  revived  by  him  alone,  so  that  contrary 
orders  and  rules  were  made  and  very  great  delays  and  charges 
thereby  accrued  to  suitors,  (p.  294). 

Such  complaints  are  exactly  reminiscent  of  those  that  were 
common  in  England  four  centuries  before,  when  the  fact  that 
the  Great  Seal  followed  the  Court  in  its  progresses  gave  rise  to 
great  inconveniences.  The  trial  of  actions  before  the  King 
in  person  had  long  disappeared  from  English  practice,  but  here 
in  the  West  Indies  we  find  the  Governor,  the  King's 
representative,  administering  justice  in  his  own  capacity, 
although  a  layman  without  legal  training.  We  may  almost 
look  upon  the  colonies  as  places  for  the  survival  of  early  legal 


INTRODUCTION. 


xix 


Chancery 
jurisdiction 

in 
New  York. 


forms,  as  in  our  own  day  the  remoter  mountain  communities  of 
America  have  been  found  to  have  preserved  primitive  folk 
music. 

In  New  York  the  troubles  over  Chancery  jurisdiction  became 
serious.  The  Court  of  Chancery  occasioned  more  uneasiness 
to  Governor  Hunter  and  his  successor  William  Burnet  than 
all  the  other  parts  of  their  administration.  It  was  strongly 
contended  by  one  party  in  the  colony  that  Governors  were  by 
law  incapable  of  being  the  sole  judge  in  Chancery,  and  that 
establishment  of  that  or  any  other  Court  of  Equity  save  by 
Act  of  the  General  Assembly  was  illegal.  Another  party,  not 
so  violent,  planned  to  have  a  Court  of  Chancery  established 
in  the  Governor  and  Council,  i.e.  similar  to  the  plan  we  have 
noticed  in  Antigua,  but  Governor  Montgomerie  found  the  people 
so  divided  and  yet  so  stubborn  in  their  opinions  that  he  would 
not  act  as  Chancellor  until  he  had  special  directions  thereupon 
(p.  254).  This  discontinuance  of  the  Court  of  Chancery  to  the 
great  prejudice  of  all  those  who  had  causes  depending  there 
was  attributed  by  Lewis  Morris,  Chief  Justice  of  the  Colony, 
as  due  to  a  timid  and  pusillanimous  condescension  in  the 
Council  and  the  Governor  in  the  insolent  pretensions  of  the 
Assembly.  (827).  In  his  letter  there  was  enclosed  a  printed 
paper  published  by  Governor  Hunter  in  1713  in  reply  to  the 
resolution  of  the  Assembly  that  the  erecting  or  exercising  a 
Court  of  Equity  or  Chancery  without  consent  in  General 
Assembly  was  contrary  to  the  laws  of  England  and  a  manifest 
oppression.  (827  iii).  The  dispute  had  thus  been  going  on  for 
fifteen  years  at  least  before  Montgomerie  came  upon  the  scene. 

The  lead  against  the  contentions  of  the  Assembly  in  this 
matter  was  taken  by  Chief  Justice  Morris,  and  Richard  Bradley, 
the  Attorney-General  of  New  York,  was  also  in  conflict  with  the 
Assembly.  Some  of  their  disputes  were  only  of  interest  to  New 
York,  but  other  matters  were  included  that  have  a  general 
bearing  upon  the  constitutional  history  of  the  colonies  and  the 
desire  of  the  assemblies  to  whittle  down  the  Crown's  prerogative. 
One  of  these  concerned  prosecutions  by  informations.  By 
Common  Law  the  King  in  the  person  of  his  Governor  had  the 
power  of  prosecuting  by  information  without  the  leave  of  any 


XX 


COLONIAL    PAPERS. 


of  the  subjects.  The  Assembly  attempted  to  limit  this  power 
by  passing  an  Act  vesting  it  not  in  the  Governor  with  the 
Supreme  Court's  advice  but  in  the  Governor  in  Council,  where 
the  members  and  their  friends  might  prevent  action  in  cases 
affecting  themselves.  As  the  Attorney-General  told  the  Duke 
of  Newcastle,  it  was  generally  believed  that  the  leading  men  in 
the  Assembly  had  formed  a  design  not  only  to  screen  themselves 
and  friends  by  this  law  from  all  prosecutions  of  this  sort,  though 
never  so  just  or  necessary,  (which  seemed  to  be  almost  the  only 
means  the  Crown  had  to  check  the  levelling  spirit  that  too 
plainly  appeared  among  the  generality  of  the  people  of  the 
colonies),  but  also  to  break  in  upon  and  weaken  H.M.  prerogative 
and  interest.  (4,  5). 

Another  direction  in  which  the  Assembly  of  New  York  was 

signature     attempting  to  limit  the  prerogative  as  administered  by  the 

warrants.      Governor  was  concerned  with  the  signature  of  warrants  for  the 

payment  of  moneys  out  of  the  Treasury.     By  their  Revenue 

Bill  of  1726  the  Assembly  had  voted  strict  appropriations  for 

various  objects,  including  officers'   salaries.     Governor  Burnet 

had  paid  these  salaries  without  a  strict  compliance  with  the 

votes,  and  in  retaliation  in  passing  their  next  Revenue  Bill  for 

five  years  they  lessened  the  support  of  the  Government  from 

what  it  was  before,  reducing  the  salaries  of  those  officers  who 

were  unpopular  with  them.     Governor  Montgomerie  felt  himself 

bound  to  reduce  some  salaries  in  proportion  to  the  reduced 

amount  of  the  Revenue  voted,  before  he  drew  the  warrants  for 

their  payment.     He  did  this  according  to  his  own  discretion 

after  informing  himself  of  the  services  of  the  respective  officers. 

(pp.  421-2).     In  the  case  of  Chief  Justice  Morris,  his  son  who 

was  a  member  of  Council  objected,  and  the  Governor  took  the 

unusual  course  of  putting  the  question  to  the  Council  whether 

they  would  advise  him  to  sign  the  warrant  for  the  reduced 

salary.     This  was  the  first  recorded  instance  of  the  Council's 

advice  being  particularly  asked  about  the  Governor's  signing 

salary  warrants.     They  advised  him  to  sign  this  and  the  other 

warrants,   but  Lewis  Morris  raised  the  whole  question  by  a 

formal    protest,   which    Governor    Montgomerie   forwarded   to 

Newcastle.     He  maintained  that,  if  the  Assembly's  contentions 


INTRODUCTION.  Xxi 


about  appropriations  were  accepted  in  order  to  keep  peace  with 
them  and  persuade  them  to  vote  the  revenue  as  the  Governor 
was  planning  to  do,  the  royal  prerogatives  would  be  seriously 
infringed.  "  The  resolutions  of  the  Assembly "  he  said 
"  compared  with  the  conduct  of  some  Assemblies  in  H.M. 
American  Dominions  too  evidently  show  with  what  views  those 
resolutions  are  made  and  of  what  dangerous  consequence  to 
H.M.  interest  and  prerogatives  in  his  American  dominions  the 
giving  them  so  great  an  encouragement  to  persist  in  their 
exorbitant  demands  and  encroachments  on  the  royal  prerogative 
as  the  drawing  the  salary  warrants  according  to  their  resolves 
will  be."  (799  i,  p.  424). 

In  the  whole  of  this  volume  there  is  no  greater  space  devoted 
to  a  single  subject  than  to  the  question  of  promoting  the  supplies 
the  colonies.  of  naval  stores  from  America.  The  condition  of  affairs  in  the 
Baltic  countries,  whence  the  great  bulk  of  our  naval  stores 
came,  was  so  disturbed  and  our  relations  with  Sweden  and 
Russia  so  strained  throughout  the  whole  of  this  period  that 
the  Government  were  resolved  to  put  forth  strenuous  efforts 
to  find  new  sources  of  supply  of  the  materials  upon  which  our 
naval  power  was  founded.  We  have  noted  in  our  preceding 
volume  how  the  matter  became  acute  during  1726  and  1727, 
and  here  our  first  document  of  importance  on  the  subject  is  an 
Order-in-Council,  (50),  to  the  Board  of  Trade  directing  them  to 
consider  and  report  immediately  upon  a  memorial  presented 
by  the  Lords  Commissioners  of  the  Admiralty.  They  repre- 
sented the  illegal  and  unaccountable  waste  and  destruction  of 
the  king's  woods  in  North  America  and  the  unjustifiable  liberty 
of  the  inhabitants  of  New  England  in  converting  the  trees 
absolutely  necessary  for  masts  to  their  own  use.  The  contractor 
for  masts  from  New  England  had  represented  to  them  that  not 
only  had  the  timber  suitable  for  masts  been  destroyed,  but 
much  had  been  exported  to  foreign  countries.  They  attributed 
much  of  the  trouble  to  the  negligence  of  the  Surveyor-General 
of  the  Woods,  Mr.  Burniston,  who  having  been  appointed  in 
1718  had  never  personally  been  in  North  America  but  constantly 
resided  in  England  and  never  even  gave  them  any  account  of 


xxii  COLONIAL    PAPERS. 


his  proceedings,  even  by  deputy.  The  Lords  Commissioners 
represented  that  it  was  absolutely  necessary  that  the  Surveyor- 
General  should  constantly  reside  in  North  America  and  employ 
his  utmost  care  and  skill  not  only  in  surveying  the  king's  woods 
there  and  preserving  them  from  waste,  but  in  instructing  and 
encouraging  the  inhabitants  to  propagate  all  sorts  of  stores 
which  the  country  would  produce.  Thus  American  pitch  and 
turpentine  might  be  substituted  for  that  of  Sweden  and  Russia, 
Virginian  for  Riga  hemp,  and  so  on.  (pp.  34-5). 

The  Earl  of  Westmoreland,  who  had  been  present  at  the 
Council  when  the  Admiralty  memorial  was  considered, 
represented  to  the  Board  the  seriousness  and  urgency  of  the 
problem,  and  it  was  at  once  decided  to  call  into  counsel  Colonel 
Spotswood,  late  Lieutenant-Governor  of  Virginia,  (Journal, 
pp.  383-4)  and  to  request  him  to  give  his  opinion  in  writing. 
Other  gentlemen  and  merchants  familiar  with  the  northern 
colonies  were  also  summoned  (Journal,  p.  389),  but  it  was  from 
Col.  Spotswood  that  the  most  valuable  information  was  received. 
Within  a  fortnight  after  receiving  the  order  he  returned  a  full 
and  detailed  letter  (94,  pp.  47-53)  tracing  the  history  of  what 
had  previously  been  done  in  regard  to  naval  stores  other  than 
masts  and  giving  also  a  resume  of  the  state  of  our  trade  in  such 
things  with  the  Northern  Powers.  The  Board  at  once  decided 
to  prepare  a  draft  for  an  Act  of  Parliament  "  for  the  better 
and  more  effectual  preservation  of  His  Majesty's  woods  in 
America,  and  encouraging  the  importation  of  naval  stores  from 
thence."  No  time  was  lost,  for  on  the  following  day  the  draft 
of  the  bill  was  submitted  to  Francis  Fane  for  his  opinion  on 
points  of  law,  (Journal,  p.  389)  and  thenceforward  the  Board 
considered  it  from  day  to  day  until  it  was  sent  with  a  covering 
memorandum  to  the  Duke  of  Newcastle  a  fortnight  later 
(Journal,  p.  391  ;  118,  133,  156).  When  circumstances 
demanded,  the  Board  could  obviously  work  with  energy  and 
decision. 

The  memorandum  thus  forwarded  traces  the  history  of  the 
King's  woods  in  America  and  their  destruction  since  the 
beginning  of  the  century  and  the  premiums  offered  for  the 
production  of  naval  stores,  including  tar,  hemp,  turpentine  and 


INTRODUCTION. 


xxm 


Appoint- 
ment of 
Colonel 
David 
Dunbar 
as  Surveyor- 
General  of 
the  King's 
Woods  in 
America. 


Settlement 
of  Nova 
Scotia. 


iron,  so  that  it  makes  a  good  starting  point  for  a  study  of  the 
whole  of  this  important  question. 

Before  the  preparation  of  this  memorandum  the  Board  had 
already  taken  into  consideration  the  Instructions  to  be  issued 
to  Colonel  David  Dunbar,  the  energetic  Surveyor-General  of 
the  Leeward  Islands,  who  received  his  commission  as  Surveyor- 
General  of  the  Woods  in  America  at  the  beginning  of  January 
(Journal,  p.  373).  He  was  directed  to  reside  in  America  in 
place  of  the  incompetent  Burniston,  who  had  admitted  in  1724 
that  he  had  left  the  functions  of  his  office  in  the  hands  of 
Governor  John  Wentworth  of  New  Hampshire  (Journal,  p.  112) 
and  the  Deputy-Surveyor  Robert  Armstrong  whom  we  have 
noted  in  our  previous  volume  as  Lieutenant-Governor  of  Nova 
Scotia.  New  Hampshire  and  Nova  Scotia,  especially  the 
disputed  part  of  that  province  lying  upon  the  mainland,  were 
the  regions  from  which  the  masts,  the  most  essential  part  of 
the  naval  supplies,  were  obtained,  appear  constantly  in  the 
voluminous  correspondence  that  passed  in  the  succeeding 
months,  and  the  question  of  the  promotion  of  their  supply 
became  merged  in  that  of  the  formation  of  a  new  province  in 
the  regions  between  them. 

The  Board  fully  realised  that  the  question  of  the  supply  of 
naval  stores  was  connected  with  the  settlement  of  Nova  Scotia 
(p.  110)  and  that  the  appointment  of  an  energetic  Surveyor- 
General  would  promote  that  object.  The  instructions  to  David 
Dunbar  were  very  carefully  prepared  and  are  here  printed  in 
detail  (234  i,  pp.  110-2).  Additional  instructions  were  sent  to 
the  Governors  of  New  Hampshire,  Massachusetts,  Rhode 
Island,  Connecticut,  New  York  and  New  Jersey  directing  them 
to  aid  and  assist  the  Surveyor-General  and  his  deputies  (267, 
286).  Dunbar  did  not  go  out  to  America  at  once,  but  remained 
in  London  in  constant  consultation  with  the  Board  while  he 
employed  his  brother,  Jeremiah  Dunbar,  as  his  deputy  to  travel 
through  New  England  and  put  a  stop  to  the  destruction  of  the 
woods,  which  was  admittedly  rampant.  (516).  It  is  impossible 
to  trace  here  the  results  of  his  energy  in  detail,  and  reference 
should  be  made  to  the  documents  themselves  (notably  303,  359, 
517,  547,  564,  627,  638,  670,  753).  He  became  immersed  in 


xxiv  COLONIAL    PAPERS. 


the  project  for  a  new  settlement  of  Palatines  to  the  east  of  the 
Kennebec  River  and  was  in  frequent  attendance  at  the  Board 
to  discuss  it  until  in  May  1729  he  received  a  severe  reprimand 
ordering  him  to  take  up  his  other  work  in  person  and  no  longer 
trust  merely  to  his  brother  and  other  deputies  (753).  Even  in 
July,  however,  he  appears  still  to  have  been  in  London  (892), 
leaving  the  active  surveying  in  America  to  be  carried  on  by 
his  deputies,  Jeremiah  Dunbar  and  Arthur  Slade. 

In  July  1729  an  important  memorial  was  received  by  the 
Board  from  certain  London  merchants  through  Thomas  Lowndes 
concerning  the  establishment  of  a  new  industry  in  America 
which  was  to  be  of  very  great  importance  in  later  years.     This 
was  the  preparation  of  potash  in  the  American  woods.     The 
Emperor  of  Russia  was  then  the  sole  proprietor  of  potash  and 
pearl  ash,  and  Lowndes  maintained  that  by  the  returns  he  had 
from  those  commodities  from  England,  Holland,  Flanders  and 
France  that  monarch  chiefly  paid  his  troops.     If  that  branch 
of  his  trade  were  affected,  he  could  not  make  the  figure  he  did 
(847)  (Journal,  p.  56).     The  merchants  represented  that  English 
imports  of  pot  ashes  and  pearl  ashes,  which  were  always  bought 
with  specie,  amounted  to  more  than  100,000/.  yearly.     These 
commodities   were   chiefly   used   in   making   soap,    which   was 
absolutely  necessary  in  the  woollen  manufacture  and  in  dyeing, 
as  also  in  bleaching  linen.     The  Russian  pot  ashes  had  been 
for  a  long  time  monopolised  by  a  few  persons  who  could  set 
what  price  they  pleased  upon  them  to  the  great  prejudice  of 
commerce  (847  i).     Lowndes  consulted  Sir  William  Keith  upon 
the  project  and  received  his  warm  support,  for  he  believed  that 
the  American  woods  were  richer  in  the  vegetable  salts  needed 
than  European  wood.    If  the  people  of  America  were  encouraged 
to  go  upon  so  profitable  a  manufacture  in  the  winter  season  when 
they  had  most  leisure,  it  would  insensibly  draw  them  off  from 
employing  that  part  of  their  time  in  working  up  both  woollen 
and    linen    cloth    (847  i,  ii).       Lowndes    proposed    that    some 
persecuted  Protestant  families   of  Poland,   who    were   perfect 
masters  of  that  mystery,  might  be  encouraged  to  settle  in  North 
America.     (847  i). 


INTRODUCTION. 


XXV 


Proposals 

for  new 

settlements. 


Emigrants 

from 
Northern 
Ireland. 


This  connection  of  naval  stores  and  new  industries  in  America 
as  a  method  of  diverting  the  colonists  from  engaging  in 
manufactures  is  set  out  in  many  of  the  documents,  (e.g.  481, 
482,  490,  504).  Dunbar's  work  in  regard  to  it  was,  as  we  have 
said,  soon  merged  in  the  schemes  for  planting  the  lands  between 
the  River  St.  Croix,  which  was  the  boundary  of  Nova  Scotia, 
and  the  River  Kennebec  which  was  that  of  Maine.  (285). 
These  were  put  for\vard  by  Thomas  Coram,  the  celebrated 
founder  of  the  Foundling  Hospital,  and  in  a  long  memorial 
presented  in  June  1728  he  set  forth  the  history  of  the  tract 
and  disputed  the  claim  of  Massachusetts  to  monopolise  it.  It 
was  loosely  included  in  the  region  called  Nova  Scotia,  and  Coram 
maintained  that  the  whole  territory  from  Cape  Gaspe  to  the 
Kennebec  had  finally  been  ceded  by  the  French  by  the  Treaty 
of  Utrecht  in  1713  so  that  no  interference  might  be  feared  from 
them  (p.  139).  He  now  applied  for  permission  to  take  up  again 
the  projects  he  had  put  forward  under  Queen  Anne  and  George  I 
for  settling  the  said  tract  especially  to  further  the  production 
of  hemp  and  other  naval  stores,  (p.  140).  He  proposed  to 
use  veteran  soldiers  and  foreign  Protestants  and  continued 
"  As  there  will  continually  be  great  numbers  of  future  convicts 
condemned  in  Great  Britain  and  Ireland  to  serve  a  term  of  years 
in  H.M.  Plantations,  and  to  be  transported  thither  at  the  Crown's 
expense  as  they  are  now  transported  :  they  cannot  be  sent  to 
any  other  part  so  advantageous  to  the  Crown  as  to  employ  them 
under  strict  and  prudent  management  for  the  service  of  H.M. 
in  clearing  and  cultivating  the  said  waste  and  derelict  land  for 
the  complete  furnishing  in  due  time  [of]  constant  and  full 
supplies  of  hemp  and  masts  for  the  Navy,  each  convict  to  have 
after  the  expiration  of  his  sentence  a  small  portion  of  land." 
(pp.  140-1).  In  addition  to  these  convicts  many  vagabonds 
in  the  Cities  of  London  and  Westminster  might  be  apprehended 
and  sent  away,  as  he  [Coram]  "  had  seen  above  800  able-bodied 
beggars,  ballad-singers  and  other  vagabonds  seized  in  one  day 
in  the  streets  of  Paris  and  sent  away  to  Mississippi."  (p.  141). 

The  Board  of  Trade  do  not  seem  to  have  been  impressed  with 
the  practicability  of  forming  a  colony  with  such  wretched 
material,  but  they  had  other  emigrants  on  their  hands  and  they 


XXVI 


COLONIAL    PAPERS. 


Proposed 

settlements 

in  Nova 

Scotia. 


strove  to  solve  more  than  one  problem  at  once.  It  was  noted 
in  earlier  volumes  of  this  Calendar  that  Protestant  families  of 
Irish  were  emigrating  from  Northern  Ireland  and  were  settling 
in  the  frontier  districts  of  the  territory  of  Maine  which  was 
under  the  control  of  Massachusetts.  There  they  were  regarded 
with  great  disfavour  by  the  Massachusetts  Assembly  who 
disputed  their  claims  to  the  lands  that  had  been  assigned  them. 
They  were  compelled  to  remove  by  an  Act  of  the  Assembly,  and 
their  farms  were  devastated  in  the  course  of  the  Indian  war. 
David  Dunbar  in  pursuit  of  Coram's  scheme  now  entered  into 
negotiation  with  them  and  applied  to  the  Secretary  of  State 
to  employ  them  as  the  nucleus  of  his  new  colony.  He  wrote 
that  there  were  600  families  of  these  Irish  Protestants  who  were 
desirous  of  settling  on  the  east  side  of  the  River  Kennebec,  if 
lands  might  be  assigned  to  them,  and  were  living  in  great  distress 
upon  the  small  remains  of  what  they  had  carried  with  them  from 
Ireland.  (628  i).  They  did  not  agree  well  with  the  intolerant 
and  exclusive  men  of  Massachusetts  who  threatened  and 
insulted  them  as  foreigners  (p.  497),  but  they  were  undoubtedly 
first-rate  colonising  material,  and,  as  they  desired  to  settle  near 
New  England,  Dunbar  believed  that  it  would  be  more 
advantageous  to  help  them  to  settle  in  a  group  than  to  allow 
them  to  scatter  through  the  colonies  further  south.  He  could 
not  get  them  to  settle  in  Nova  Scotia  because  of  the  presence 
of  the  French  Roman  Catholic  Acadians  with  whom  they  would 
not  mix.  (630,  631  i). 

The  Board  of  Trade  were  seriously  concerned  with  the 
preponderance  of  French  in  Nova  Scotia,  for  for  want  of  British 
inhabitants  that  province  had  been  an  expensive  burthen  to 
Great  Britain  ever  since  it  had  been  ceded  by  the  Treaty  of 
Utrecht.  The  French  had  reaped  the  real  advantages  from  the 
produce  of  the  country,  although  they  refused  to  take  the  oath 
of  allegiance  to  the  Crown  (pp.  329,  330).  The  Board  were 
therefore  adverse  to  Dunbar's  scheme  to  the  east  of  the  Kennebec 
and  desired  instead  to  make  large  settlements  round  Annapolis 
Royal  and  Canso,  where  they  might  raise  naval  stores  and  further 
the  progress  of  new  fisheries.  They  proposed  a  detailed  scheme 
for  making  land  grants  to  new  settlers  free  of  quit-rents  for 


INTRODUCTION.  xxvii 


some  years  and  to  encourage  the  unmarried  men  to  intermarry 
with  the  Indians  and  so  raise  up  a  Protestant  population  which 
should  be  a  safeguard  against  the  disloyalty  of  the  French. 
Though  these  schemes  ultimately  came  to  nothing,  they  are  of 
real  interest  as  showing  what  a  large  amount  of  thought  was 
being  given  to  schemes  of  assisted  emigration  and  how  the 
failure  to  build  up  a  new  colony  in  Nova  Scotia  was  not  due  to 
neglect  but  to  circumstances  over  which  governmental  planning 
could  exercise  no  control. 

Despite  the  unfavourable  attitude  of  the  Board  of  Trade, 
The         Dunbar  persisted  in  his  schemes  (929)  for  a  new  province  to  be 

Province  of 

"  Georgia."  called  "  Georgia  "  between  the  Kennebec  and  the  St.  Croix 
Rivers.  He  strongly  contested  the  claims  of  a  group  of 
Massachusetts  men  under  the  lead  of  the  turbulent  and  litigious 
agitator  Dr.  Cook,  who  called  themselves  the  Muscongos 
Company  and  produced  what  they  pretended  to  be  charters 
to  the  lands  going  back  as  far  as  1629.  (p.  497).  Dunbar 
pointed  out  that  "  the  famous  Doctor  "  was  the  oracle  of  the 
stiff-necked  generation  who  were  contesting  against  the  rights 
of  the  Crown  in  Massachusetts,  and  he  urged  that  the  establish- 
ment and  support  of  a  new  colony  on  the  Kennebec  round 
churches  where  the  rites  of  the  Church  of  England  could  be 
administered  without  discouragement  from  those  selfish  and 
dogmatical  people,  who  hated  the  Church  and  the  Presbyterians 
alike,  would  curb  their  disloyalty  (p.  499).  A  single  paragraph 
from  one  of  Dunbar's  many  letters  on  the  subject  both  illustrates 
the  unity  of  the  colonial  history  of  the  period  and  shows  how 
longstanding  were  some  of  the  controversies  that  came  to  head 
in  the  years  immediately  preceding  the  American  Revolution. 
"  This  Continent  "  he  wrote  "  deserves  a  Bishop  residing,  [for] 
I  am  informed  that  wherever  churches  have  been  built,  people 
have  always  resorted.  [I  pray]  that  his  residence  may  be  in 
'  Georgia,'  where  provision  may  be  made  for  him  out  of  the 
quit-rents.  I  am  firmly  persuaded  that  a  good  man  who  would 
take  pains  this  way  and  encourage  schools,  might  in  time  work 
a  reformation  among  these  independents.  I  could  wish  that 
Dean  Berkeley's  College  may  go  on,  and  that  '  Georgia  '  might 
be  thought  a  proper  place  for  it."  (p.  499). 


xxviii  COLONIAL    PAPERS. 


In  addition  to  the  Irish  Presbyterians  it  was  proposed  that 
importation    families  of  Palatines  should  be  introduced  as  settlers  for  the 

of 

Palatines,  new  province  and  the  Kennebec,  and  Coram  and  Dunbar  entered 
into  negotiations  with  one  David  Hintze  who  proposed  at  41. 
per  head  to  procure  from  the  Palatinate  3,  4  or  500  families 
averaging  four  persons  each  "  who  to  avoid  the  persecution 
they  now  groan  under  will  be  willing  to  transport  themselves 
at  their  own  expense  to  any  country  having  a  fertile  soil  that 
H.M.  shall  be  graciously  pleased  to  appoint  them  between  the 
Rivers  Kennebec  and  St.  Croix."  For  a  less  fertile  province 
he  could  only  procure  100  families  (683  i). 

The  number  of  documents  concerning  these  many  proposals 
is  very  considerable  in  the  volume,  and  it  is  impossible  to  do 
more  than  refer  to  the  main  lines  of  the  schemes.  Further 
reference  to  them  may  be  made  by  use  of  the  index.  (See 
notably  309,  628,  630,  683,  694,  695,  705,  710,  929,  932,  997, 
1005,  1018,  1019,  1042,  1045,  1049). 


II. 
THE    CONTINENTAL    COLONIES. 

In  the  Introduction  to  our  previous  volume  we  referred  to 
the  fact  that  William  Burnet,  who  had  proved  his  strength 
inMassachu-  and  capacity  as  Governor  of  New  York  and  New  Jersey,  was 

setts. 

transferred  to  the  Governorship  of  Massachusetts  to  handle 
the  difficult  problem  of  controlling  the  Assembly  of  that  most 
factious  of  all  the  colonies.  Burnet's  last  despatch  concerning 
the  affairs  of  New  York  was  dated  3  July  1728  (307),  and  in 
it  he  announced  that,  having  handed  over  the  government  to 
Colonel  Montgomerie  (187),  he  was  at  once  proceeding  to  Boston. 
He  arrived  there  on  July  19  and  met  the  Assembly  on  the  24th 
(386).  The  battle  was  joined  at  once,  and,  when  he  sent  his 
first  despatch  from  Boston  in  the  middle  of  September,  Burnet 
wrote  that  he  had  been  sitting  with  the  Assembly  ever  since 
his  arrival  in  order  to  obtain  from  them  a  fixed  salary  in 
accordance  with  his  Instructions  (386).  He  announced  that 
he  intended  to  continue  the  session  until  they  complied,  "  so 


INTRODUCTION.  xxix 


that  the  country  who  pay  1000Z.  a  month  to  the  Council  and 
Representatives  by  way  of  wages  during  their  attendance,  may 
feel  the  inconvenience  of  their  standing  out."  (387).  At  the 
end  of  the  month  he  reported  that  he  had  reduced  them  to 
silence  and  that  they  seemed  to  have  no  expedient  left  but  to 
meet  and  adjourn  from  day  to  day  and  do  nothing.  He  would 
give  them  no  recess,  and  under  the  terms  of  their  charter  they 
did  not  dare  take  it  of  themselves.  He  would  not  accept  the 
presents  they  offered  him,  for  he  chose  to  be  destitute  of  all 
support  rather  than  give  way  on  the  important  matter  of  principle 
involved.  (404).  So  matters  went  on  till  October  24  when  the 
Assembly  flatly  refused  to  comply  with  the  Governor's  demand 
for  a  fixed  salary  according  to  his  Instructions,  and  Burnet 
determined  to  remove  the  legislature  from  Boston,  whose  free- 
holders were  assembling  in  public  meetings  to  withstand  him. 
(429  i).  He  had  adjourned  the  General  Court  to  Salem,  he 
told  the  Board  of  Trade,  for  the  following  reasons,  "  This 
town  of  Boston  has  shown  their  disrespect  and  undutifulness 
to  H.M.  by  calling  a  general  town  meeting  of  all  the  freemen 
of  this  town  "  and  the  example  has  been  followed  by  some 
towns  in  the  Province  and  three  or  four  have  unanimously 
given  instructions  to  their  members  to  vote  against  fixing  a 
salary  on  the  Governor.  "  This  attempt,  of  which  Boston  set 
the  example,  is  of  so  dangerous  a  nature  to  the  Constitution  if 
it  should  be  drawn  into  precedent,  and  has  been  so  maliciously 
employed  at  this  time  that  I  thought  it  necessary  for  the 
Government  to  show  its  resentment  upon  it.  The  people  of 
the  town  are  continually  endeavouring  to  pervert  the  minds 
of  the  members  that  come  from  the  country,  who  it  is  to  be 
hoped  will  not  be  so  much  tampered  with  in  the  country  and 
particularly  at  Salem  where  the  people  are  generally  well 
inclined,  as  the  members  for  that  place  are."  (pp.  225-6). 

He  strongly  recommended  that  the  undutiful  behaviour  of 
the  Massachusetts  Assembly  and  especially  their  attack  upon 
his  Instructions  from  the  King  should  be  referred  to  Parliament 
that  they  might  assure  H.M.  that  the  Instructions  were  in  no 
way  contrary  to  the  Charter  granted  by  King  William,  and 
thus,  while  there  would  be  no  final  decision  against  the  charter, 


xxx  COLONIAL    PAPERS. 


the  Assembly  might  be  made  apprehensive  of  losing  it  and 
brought  to  a  true  sense  of  their  duty.     (pp.  227,  430). 

When  the  Assembly  met  at  Salem,  they  proved  as  recalcitrant 
as  ever.  They  disputed  the  Governor's  power  to  adjourn  them 
for  two  months  and  refused  to  do  any  business  until  the  clamours 
of  the  people  forced  them  to  proceed  with  the  ordinary  affairs 
of  the  Province.  They  drew  up  a  memorial  of  which  they 
refused  to  let  the  Governor  have  a  copy,  but  instead  forwarded 
it  direct  to  their  agent  in  London  for  presentation  to  the  King. 
(571).  However,  the  Governor  was  aware  of  its  terms  and  sent 
his  comments  upon  the  complaints  it  contained  and  the 
erroneous  constitutional  doctrines  it  set  forth  before  the 
document  was  received  in  London  (571  i,  576).  We  can  there- 
fore compare  the  rival  contentions,  for  the  Address  is  set  out 
in  full  when  it  was  referred  by  the  Privy  Council  Committee 
in  February  1729  to  the  Commissioners  of  Trade  for  their 
opinion  (582).  The  Board  decided  to  hear  both  counsel  for  the 
Assembly  and  for  the  Governor  before  they  made  their  report 
(592,  February  11,  Journal,  p.  14).  The  counsel  attended 
accordingly  (March  22),  and  their  arguments  are  set  forth  at 
length  in  the  pages  of  the  Journal  (pp.  16-18)  and  form  a 
necessary  complement  to  the  documents  here  collected.  The 
Board's  report  was  completed  by  the  27th  and  forwarded  at 
once  to  the  Duke  of  Newcastle  (643)  and  to  the  Committee  of 
the  Privy  Council  (644,  Journal,  p.  20),  so  that  no  time  was 
lost,  but  it  was  not  until  a  month  later  that  the  Committee  of 
the  Privy  Council  considered  the  matter,  set  forth  their  opinions 
at  length  and  recommended  the  acceptance  of  the  Governor's 
and  the  Board's  proposal  that  the  whole  matter  should  be  laid 
before  the  Parliament  of  Great  Britain  (Acts  of  Privy  Council, 
Colonial  Series,  1720-45,  pp.  108-11  and  no.  728).  It  is 
interesting  to  note  how  far  matters  had  moved  between  the 
seventeenth  century,  when  the  House  of  Commons  was  held 
to  have  no  competence  to  debate  colonial  affairs,  which  were 
the  concern  of  the  Crown,  and  1729  when  Governor  Burnet, 
Commissioners  and  Privy  Council  alike  take  it  for  granted  that 
Parliament  is  the  supreme  authority  and  alone  can  compel 
the  obedience  of  the  colonial  legislature,  We  can  in  these 


INTRODUCTION.  xxxi 


papers  discern  that  differentiation  of  logical  but  divergent 
constitutional  ideas  on  either  side  of  the  Atlantic  which  was  to 
play  such  an  important  part  in  the  disputes  of  forty  years  later. 

While  the  matter  was  being  discussed  in  England,  the  situation 
in  Massachusetts  got  more  and  more  menacing.  The  removal 
of  the  Assembly  to  Salem  had  roused  the  Bostonians  to  fury, 
and  the  Governor  had  to  write  that  they  were  endeavouring  to 
wrest  the  sword  out  of  the  Royal  hand.  They  were  trying  to 
strip  the  Governor  of  all  military  authority,  to  stop  the  pay 
of  the  forces  and  to  carry  further  the  process  already  far 
advanced  by  which  the  soldiers  and  officers  were  much  more  at 
the  command  of  the  Assembly  than  of  their  proper  commander- 
in-chief.  The  only  way  of  combating  this  was  to  post  two 
Independent  Companies  of  troops  in  the  immediate  pay  of  the 
Crown  in  garrison  in  the  Castle  at  Boston  and  in  the  small  forts 
on  the  frontiers,  in  the  same  way  as  in  New  York.  (647). 
Nothing  else  could  give  the  Government  some  weight  and  make 
the  King  respected  by  the  people  "  who  at  present  value  them- 
selves upon  the  feebleness  of  the  Administration."  (648). 

The  Ministry  had  made  up  their  minds  to  lay  the  whole  matter 
before  Parliament,  as  Newcastle  informed  Burnet  (June  1729, 
792,  793),  when  the  prorogation  prevented  action.  In  conse- 
quence the  Secretary  of  State  suggested  in  a  private  letter  that 
the  Governor  should  endeavour  to  come  to  a  compromise  with 
the  Assembly  by  hints  as  to  what  the  Crown  was  likely  to  accept. 
"  Whatever  you  do  of  that  kind,"  the  Governor  was  told, 
"  is  to  come  as  from  yourself  in  your  private  capacity  and  to 
let  it  look  like  any  new  overture  to  them  on  the  part  of  the 
Crown,  as  if  it  were  not  really  intended  to  lay  the  matter  before 
the  Parliament."  (793).  These  secret  orders  were  sent  in 
June,  but  before  Burnet  could  take  any  steps  to  comply  with 
them,  death  suddenly  seized  him. 

The  Assembly  was  sitting  at  Cambridge  near  Boston  and 

Governor     votmg  adversely  upon  the  Crown's  demands  when  the  news 

Bumet,       reached  them  that  the  Governor  had  expired  in  delirium  after 

only  a  week's  illness  (904).     The  exact  date  of  his  death  (5 

September  1729)  was  given  in  a  letter  from   his   Lieutenant- 

Governor  (Wentworth)  in  New  Hampshire  (898). 


XXX11 


COLONIAL    PAPERS. 


William  Dummer,  the  Lieutenant-Governor,  succeeded  to  the 
administration,  but  he  frankly  informed  Newcastle  that  he 
could  do  nothing  to  bring  the  Assembly  to  compliance  (904, 
905).  In  fact,  while  this  information  was  on  its  way,  another 
address  from  the  Assembly  to  the  Crown  was  also  crossing  the 
Atlantic  to  the  hands  of  Francis  Wilks  and  Jonathan  Belcher, 
the  Agents  for  the  Colony  in  London.  It  set  forth  at  full  length 
their  complaints  against  the  Governor  and  notably  his  action 
in  transferring  the  Assembly  to  Salem  (921  i.,  pp.  489-94), 
and  its  interest  lies  in  the  fact  that  it  practically  left  the  last 
word  in  the  dispute  with  the  New  Englanders.  Other  letters 
passed  during  the  autumn  (e.g.  925,  927,  949,  969  ii,  985,  998), 
but  when  a  new  Governor  came  to  be  appointed,  instead  of  an 
able  and  determined  servant  of  the  Crown  such  as  Burnet  had 
been,  a  Massachusetts  man  was  chosen.  It  seems  as  though 
the  ministers  were  sick  of  the  contest  and  wishful  to  try 
conciliation,  as  Newcastle  showed  in  his  private  letter  in  June 
(793).  Jonathan  Belcher  received  the  appointment  and 
questions  as  to  his  instructions  occupied  the  rest  of  the 
year.  The  first  round  had  ended  with  a  victory  on  points  to. 
Massachusetts. 


Governor 

Burnet 

in  New 

Hampshire. 


Boundary 
disputes 
between 
Massachu- 
setts 
and  New 
Hampshire. 


Burnet  at  the  same  time  that  he  was  Governor  of 
Massachusetts  also  held  the  office  of  Governor  of  New 
Hampshire.  There  he  was  more  successful  with  the  Assembly 
than  he  was  in  the  larger  colony.  The  salary  question  was 
settled  in  accordance  with  his  Instructions,  but  only  for  the 
time  of  Burnet' s  own  tenure  of  the  office,  so  that  his  death 
re-opened  the  difficulty  once  more.  (747,  748,  898). 

The  readiness  of  the  Massachusetts  men  to  resort  to  violence 
to  reach  their  ends  was  not  only  to  be  noted  in  the  actions  of 
the  Boston  mob  ;  the  frontiersmen  were  at  least  as  violent,  as 
was  illustrated  in  connection  with  the  long-disputed  boundary 
with  New  Hampshire.  A  place  called  Londonderry  had  been 
settled  by  Irish  Presbyterians  for  several  years  some  8  or  9 
miles  north  of  the  Merrimac  River  in  a  district  that  had  always 
been  regarded  as  an  undoubted  part  of  New  Hampshire.  The 
Irishmen  were  mowing  their  meadows  when  seventy  or  eighty 


INTRODUCTION.  xxxiii 


men  from  Haverhill  armed  with  muskets  drove  them  away 
after  a  fight  in  which  several  men  on  both  sides  were  wounded. 
(253,  392).  On  other  occasions  they  broke  into  houses  in 
Londonderry  by  night  and  carried  off  certain  men  before 
Massachusetts  justices,  who  committed  them  to  prison  as 
trespassers.  This  was  done,  although  there  was  an  agreement 
between  the  two  Governments  that  all  hostile  action  on  either 
side  should  be  suspended  until  the  boundary  was  properly 
settled  (898).  New  Hampshire,  in  fact,  found,  as  Colonel  Dunbar 
did  in  his  schemes  along  the  Kennebec,  that  while  it  was 
particularly  difficult  to  get  the  authorities  in  Boston  to  make 
any  agreement  which  did  not  secure  to  them  all  they  wanted, 
it  was  even  more  difficult  for  those  authorities  to  secure 
compliance  with  the  agreement  by  individual  citizens. 

Governor  Montgomerie  in  the  same  way  found  the  Quakers 
New  Jersey,  of  New  Jersey  difficult  to  handle.  They  had  been  relieved  of 
their  political  disabilities  and  in  April  1729  formed  more  than 
half  the  House  of  Assembly.  They  were  so  elated  that  the 
Governor  found  them  quite  ungovernable,  having  their  heads 
filled  with  wild,  unpracticable  schemes  calculated  to  weaken 
or  set  aside  H.M.  prerogative  and  to  bring  the  Government  to 
be  entirely  depending  upon  themselves.  All  accounts  from 
New  Jersey,  ever  since  the  government  was  surrendered  to  the 
Crown,  showed  that  the  Quakers  there  had  been  insolent  and 
troublesome  when  they  had  no  favour  to  ask,  but  quiet  and 
useful  to  the  Government,  when  they  had  anything  depending. 
(669). 

In  New  York  Montgomerie  had  succeeded  to  Burnet's 
difficulties,  and  these  have  been  referred  to  earlier  in  this 
Introduction. 

Circumstances  in  Virginia  under  Lieutenant-Governor  Gooch 
Virgima.  were  quieter  than  usual,  but  in  one  or  two  long  and  interesting 
despatches  (notably  641  and  796)  he  showed  that  the  colony 
had  many  dangers  to  dread.  On  the  frontier  were  the  Indians 
who  were  in  incessant  feuds,  one  tribe  with  another.  The 
Nottaways  and  the  Saponies,  two  tributary  tribes,  each  accused 

Wt.  1525  C.P.  XXXVI— C 


xxxiv  COLONIAL    PAPERS. 


the  other  of  murders  and  outrages,  and  when  the  case  was  tried 
before  the  Virginia  Council  and  no  legal  proof  could  be  found, 
they  vowed  to  take  matters  into  their  own  hands.  It  was  in 
vain  to  remonstrate  to  these  savages  the  justice  of  our  laws 
which  permit  no  man  to  be  punished  without  due  proof  of  his 
crime.  Their  notions  of  justice  were  not  to  be  adapted  to  that 
rule.  Revenge  was  what  both  sides  wanted  ;  and  because 
they  were  forbid  all  hostility,  and  were  told  that  this  matter 
should  still  be  pursued  and  enquired  into,  they  seemed  resolved 
to  take  satisfaction  their  own  way,  expressing  great  resentment 
against  the  English  for  not  concurring  with  them.  The  frontier 
inhabitants  of  the  colony  lay  exposed  to  the  barbarous  insults 
of  those  Indians  and  the  foreign  nations  they  call  in  to  their 
aid  (i.e.  probably  not  the  French,  but  other  tribes  or  nations 
of  Indians  beyond  British  territory).  Any  outbreak  whenever 
they  met  in  their  hunting  was  likely  to  be  full  of  danger,  and 
the  Governor  was  greatly  concerned,  (pp.  333,  415). 

He  was  disturbed  too  by  the  fear  of  a  slave  insurrection, 
and  gave  account  of  various  outbreaks  in  which  riotous  bands 
of  negro  slaves  had  done  much  damage.  The  secret  robberies 
and  other  villainous  attempts  of  a  pernicious  crew  of  white 
transported  felons,  which  had  led  to  the  burning  of  certain 
plantations,  added  to  the  prevailing  fears,  and  confidence  would 
only  be  restored  by  careful  attention  to  the  drilling  and  arming 
of  the  militia,  to  which  the  Governor  devoted  himself,  (p.  334). 
Virginia  was  the  best  organised  and  developed  of  the  southern 
colonies,  but  the  impression  of  its  slave-owning,  plantation 
society  derived  from  these  letters  is  that  of  a  community  filled 
with  anxieties  and  in  constant  dread.  The  inhabitants  were 
eager  to  take  up  lands  amongst  the  great  western  mountains 
despite  the  frontier  dangers,  and  there  were  difficulties  with 
Maryland  about  the  lands  in  the  Northern  Neck,  watered  by 
the  streams  which  fall  into  the  Rivers  Rappahanock  and 
Potomac.  The  division  of  Maryland  from  Virginia  was 
dependent  upon  a  grant  made  to  Lord  Culpepper  in  1688  in 
which  the  source  of  the  Potomac  was  fixed  as  the  furthest 
westward  limit,  leaving  all  the  lands  beyond  still  to  be  granted 
by  the  Crown.  But  as  in  so  many  later  boundary  disputes  in 


INTRODUCTION.  xxxv 


America  it  was  impossible  to  decide  what  was  the  source  of  the 
Potomac  or  whether  the  Shenandoah  formed  the  headwaters 
of  that  river  (pp.  416-7),  and  the  Governor  forwarded  maps  to 
illustrate  the  difficulty  of  deciding  what  to  fix  in  the  tumbled 
region  into  which  emigration  from  Virginia  was  now  extending. 
Clearly  the  westward  march  had  begun  in  earnest. 

Virginia  was  very  proud  that  it,  more  than  any  American 
plantation,  was  united  in  the  religion  of  the  Church  of  England 
(46  ii),  and  in  his  allowances  for  the  expenses  of  the  boundary 
commission  Lt.  Governor  Gooch  included  the  payment  for 
a  chaplain,  for  he  remarked  that  it  was  necessary  for  a  clergyman 
to  accompany  them  in  a  country  where  they  could  have  no 
opportunity  of  attending  public  worship.  His  report  proved 
how  well  he  answered  his  purpose,  for  he  christened  above  a 
hundred  children,  a  great  many  adult  persons,  and  preached 
to  congregations  who  had  never  had  public  worship  since  their 
first  settlement  in  those  parts.  Beyond  the  borders  in  Maryland 
there  was  not  a  single  minister  (p.  417). 

Gooch's  rather  infrequent  but  long  and  informative  despatches 
show  him  to  have  been  of  a  keen  and  inquiring  mind,  and  there 
are  occasionally  touches  which  are  a  relief  to  read  after  the 
interminable  accounts  of  faction  which  fill  most  of  the  colonial 
despatches.  In  June  1729  he  wrote  from  Williamsburgh  to 
inform  the  Board  of  Trade  of  many  wonderful  cures  performed 
by  a  negro  slave  in  the  most  inveterate  venereal  distempers. 
The  fellow  was  very  old  and  had  kept  his  remedy  for  many 
years  a  profound  secret,  but  by  promising  him  his  freedom, 
Gooch  discovered  that  it  was  a  decoction  of  root  and  barks. 
Samples  of  these  he  sent  over  to  a  physician  that  the  College 
of  Physicians  might  have  the  opportunity  of  making  an 
experiment  what  effect  it  would  have  in  England.  The 
cost  of  procuring  the  disclosure  amounted  to  about  60/., 
including  the  purchase  of  the  negro's  freedom,  but  the  Governor 
thought  it  well  worth  the  price,  since  they  had  learned  how 
without  the  help  of  mercury  to  cure  slaves  who  were  often  ruined 
by  the  unskilfulness  of  the  practitioners  Virginia  alone  afforded. 
He  recommended  it  as  an  encouragement  "  for  one  of  Dr. 
Radcliffe's  travelling  physicians  to  take  a  tour  into  this  part 


XXXVI 


COLONIAL    PAPERS. 


The 
Carolinas. 


of  the  world,  where  there  are  many  valuable  discoveries  to  be 
made,  not  met  with  in  France  or  Italy."  These  were  the 
investigators  sent  out  from  time  to  time  by  the  celebrated 
founder  of  the  Radcliffe  Observatory  in  Oxford  to  search  for 
new  plants  and  remedies,  and  Gooch's  reference  to  them  may 
illustrate  how  the  stirrings  of  the  new  spirit  of  modern  scientific 
enquiry  were  familiar  to  an  enlightened  colonial  governor, 
(p.  419). 

The  ministry  had  now  decided  to  terminate  the  anomalous 
state  of  affairs  in  the  Carolinas  where  although  the  Crown  had 
had  to  take  over  the  whole  responsibility  of  government,  the 
Lords  Proprietors  still  obstructively  tried  to  enforce  the 
remnants  of  their  rights.  It  was  resolved  to  buy  out  the 
remainder  of  the  rights  under  the  Charters,  a  course  that  was 
recommended  by  Thomas  Lowndes  who  had  acted  as  inter- 
mediary between  Lord  Westmoreland,  acting  on  behalf  of  the 
Crown,  and  the  Lords  Proprietors  (565).  He  proposed  that 
North  Carolina  should  be  made  a  district  of  Virginia  where  the 
quit-rents  and  the  tenths  reserved  upon  the  whale  fishery  would 
discharge  the  expenses  advanced  by  the  Crown.  It  was 
acknowledged  by  all  persons  that  "  the  most  fertile  and  healthy 
part  of  all  America  is  the  tract  of  land  between  Port  Royal  in 
South  Carolina  and  Florida,  and  well-watered  by  navigable 
rivers  "  it  would  be  an  admirable  site  for  a  new  settlement. 
(566).  In  immediately  succeeding  volumes  we  shall  note  how 
this  suggestion  was  carried  into  effect. 

The  delimitation  of  the  boundary  between  Virginia  and  North 
Carolina  had  been  entrusted  to  commissioners,  but  their 
proceedings  gave  rise  to  many  complaints  of  favouritism  and 
illegality.  Their  reports  give  exact  information  concerning  the 
extent  of  settlement  in  the  frontier  regions  and  though  they 
can  only  be  listed  here  owing  to  the  impossibility  of  summary, 
their  field  books  and  surveys  which  are  preserved  among  the 
documents  would  be  of  great  interest  to  local  historians.  (45, 
184,  261  iii,  515,  781,  p.  335,  641,  v,  vi,  vii). 

The  scandals  of  President  Arthur  Middleton's  acting- 
governorship  in  South  Carolina  continued  for  a  couple  of  years 


INTRODUCTION.  xxxvii 


(459,  498  i)  before  a  new  Governor  was  selected  to  succeed 
General  Francis  Nicholson,  who  all  that  time  had  been  on  leave 
in  England.  The  choice  was  fixed  upon  Colonel  Robert  Johnson, 
and  at  the  end  of  1729  under  Lord  Townshend's  direction  the 
Board  of  Trade  began  the  long  task  of  preparation  of  his 
commission  and  instructions.  (987).  Since  Johnson  was  to 
be  full  Governor  of  what  was  now  to  be  a  royal  colony,  the 
Board  necessarily  had  to  consider  in  detail  whether  any  modifi- 
cation of  his  instructions  was  necessary  from  those  given  to 
Lieutenant-Governor  Nicholson,  who  had  provisionally  taken 
over  the  administration  of  the  colony  for  a  period  to  clear  up 
the  chaos  to  which  the  rule  of  the  Lords  Proprietors  had  reduced 
it.  (Cal  St.  Pap.,  Col,  1720  August  11,  no.  185).  Johnson 
had  already  been  Governor  of  the  Colony  under  the  Proprietors, 
and  he  was  therefore  thoroughly  familiar  with  its  importance 
as  the  outlying  post  against  Spanish  Florida.  (See  Cal.  St. 
Pap.,  Col,  1719-20,  1720-1,  passim). 


III. 
THE    WEST    INDIES. 

As  was  stated  in  our  previous  volume,  on  the  death  of  the 
Jamaica.  Duke  of  Portland  he  was  succeeded  in  the  Governorship  of 
Jamaica  by  an  able  and  energetic  soldier,  Major-General  Robert 
Hunter,  who  had  had  long  experience  as  Governor  of  New  York 
and  New  Jersey,  where  he  had  won  a  high  reputation  for  tact 
and  decision.  In  Jamaica  his  letters  were  much  less  voluminous 
than  those  of  his  predecessor.  They  were  as  frequent  in  number, 
for  in  the  imminent  danger  from  the  Spaniards,  which  we  have 
mentioned  earlier,  the  ministry  had  to  be  kept  fully  informed 
of  what  was  happening.  The  letters,  however,  were  shorter 
and  perhaps  more  to  the  point,  for  Hunter  was  immersed  in 
the  military  task  of  putting  the  island  in  a  proper  state  of 
defence,  and  either  he  found  the  Assembly  quieter  (197,  591) 
or  he  had  more  tact  in  dealing  with  it  than  Portland  had 
displayed. 


XXXV111 


COLONIAL    PAPERS. 


The  long  and  acrimonious  disputes  over  the  Revenue  Bill 
were  brought  to  an  end  by  the  passage  of  an  Act  for  granting  a 
revenue  to  H.M.for  the  support  of  the  Government  and  for  reviving 
and  perpetuating  the  acts  and  laws,  which  was  in  exact  accordance 
with  the  draft  sent  from  England  to  the  Duke  of  Portland.  In 
certain  phrases  synonymous  words  were  substituted,  but  in 
material  substance  all  the  demands  of  the  Crown  were  accepted. 
Governor  Hunter  therefore  recommended  that  the  assent  to  it 
which  he  had  given  should  be  approved.  With  the  Assembly's 
return  to  reason  after  its  long  bout  of  passionate  faction  things 
were  quieter  in  the  island  than  they  had  been  for  many  years. 

A  serious  danger  to  the  safety  of  Jamaica  arose,  in  Hunter's 
opinion,  from  the  treachery  and  disloyalty  of  the  Irish.  The 
militia  which  formed  a  most  important  part  of  its  defence 
consisted  chiefly  of  hired  or  indentured  servants,  who  were  for 
the  most  part  native  Irish.  By  their  backwardness,  mutinies 
and  desertions  they  were  always  troublesome,  but  now  they 
openly  declared  that  they  had  no  quarrel  with  the  Spaniards 
and  would  not  fight  against  them.  The  Governor  had  undoubted 
proofs  of  a  treasonable  correspondence  between  the  Irish  faction 
and  the  Governor  of  the  Havana,  although  he  failed  to  discover 
the  ringleaders.  His  only  resort  was  to  declare  publicly  that  in 
case  of  an  attempt  of  the  Spaniards  to  land  in  Jamaica  he  would 
post  a  reserve  of  negroes  in  the  rear  of  the  Irish  militia  with  orders 
to  knock  down  any  man  who  should  desert  or  fly  from  the  ranks. 
A  poor  remedy,  as  the  Governor  remarked,  but  all  that  was  in  his 
power.  (895,  1055,  p.  580). 


The 
Bahamas. 


The  Spanish  threat  was,  as  we  have  remarked  earlier,  also 
very  serious  to  the  Bahamas.  George  Phenney's  long  tenure 
of  the  Governorship  had  at  last  been  terminated  and  Captain 
Woodes  Rogers  had  been  appointed  to  succeed  him.  In  his 
Instructions  he  was  directed  to  summon  General  Assemblies 
of  the  freeholders  and  planters  (701  i),  and  the  colony  was  thus 
placed  at  last  on  the  same  footing  as  the  other  islands  in  the 
West  Indies.  Woodes  Rogers  arrived  in  New  Providence  in 
August  1729  and  his  first  letters  thence  were  dated  in  November 
(964,  965),  but  they  had  been  preceded  by  an  interesting  report 


INTRODUCTION. 


XXXIX 


Bermuda. 


The 

Leeward 
Islands. 


on  the  conditions  in  the  colony  from  Richard  Fitzwilliam,  the 
Surveyor  General  of  the  Customs  for  the  southern  American 
colonies,  to  the  Commissioners  of  the  Customs.  He  showed  the 
smallness  and  poverty  of  the  community  there,  for  there  were 
only  about  500  white  people  and  250  negroes  with  only  20  small 
vessels  who  were  engaged  in  petty  trade  with  South  Carolina 
and  Jamaica  (920  i).  This  accounts  for  the  long  delay  in 
establishing  a  form  of  representative  government,  and  Woodes 
Rogers  was  anxious  to  receive  new  inhabitants  from  the 
Bermudas,  for  they  had  a  good  reputation  as  industrious  people 
and  would  enable  the  colony  to  become  self-supporting  by 
raising  supplies  of  provisions  (p.  519). 

In  Bermuda  the  period  was  uneventful  and  the  only  notable 
happening  was  the  arrival  in  September  1728  of  the  new 
Lieutenant-Governor,  John  Pitt.  He  remarked  upon  the 
accumulation  of  several  incompatible  offices  in  the  hands  of  a 
few  men  who  were  at  the  same  time  Councillors,  judges  of  the 
Common  Pleas  and  justices  of  the  Peace.  This  was  apparently 
due  to  the  scarcity  of  educated  men  in  that  rather  primitive 
community,  and  though  Pitt  tried  to  clear  up  the  impropriety 
of  men  acting  in  this  triple  capacity,  he  does  not  seem  to  have 
had  much  success.  (438,  497).  Currency  in  the  islands  was 
extremely  scarce,  and  Pitt  therefore  proposed  to  purchase  200Z. 
worth  of  English  half-pence  and  lodge  them  in  the  Treasury 
for  the  payment  of  public  debts  at  the  rate  of  three-farthings 
each.  (497  i).  His  calculations  as  to  the  gain  that  would 
accrue  illustrate  the  minute  scale  on  which  the  colony  with 
its  elaborate  constitutional  machinery  of  Council,  Assembly, 
judges  etc.  was  really  working.  There  is  almost  a  comic 
disparity  between  the  machine  and  the  petty  affairs  with  which 
it  had  to  deal.  (497  i). 

Colonel  Hart,  the  Governor-in-chief  of  the  Leeward  Islands 
had  returned  to  England  late  in  1727  and  the  Earl  of  London- 
derry was  appointed  to  the  post  (3,  11,  14,  15,  16),  but  he  did 
not  arrive  in  the  islands  until  August  1728  (397),  and  in  the 
interim  the  officer  administering  the  government  was  Colonel 
Matthew,  the  Lieutenant- General  who  had  already  acted  on 
previous  occasions.  The  relative  importance  of  the  various 


xl  COLONIAL    PAPERS. 


islands  of  the  group  and  the  changes  that  had  taken  place  were 
set  out  in  the  enquiries  that  Matthew  addressed  to  the  Board 
of  Trade  as  to  what  should  happen  if  he  were  incapacitated 
while  administering  the  government.  The  provision  in  case 
of  the  Captain  General  and  Lieutenant- General's  death  or 
absence  was  that  the  chief  government  should  devolve  to  the 
Lieutenant-Governor  of  Nevis  or  at  his  death  to  the  eldest 
Councillor  and  Council  of  that  island.  That  provision  was 
made  when  Nevis  was  the  first  seat  of  trade  in  the  islands,  for 
St.  Christopher  was  shared  with  the  French  and  lay  open  to 
their  attack.  At  that  time  Antigua  was  hardly  cleared  of 
woods  and  Montserrat  hardly  settled.  But  in  1728  Nevis  had 
quite  lost  its  trade  and  was  a  desert  island  compared  with  what 
it  had  been  thirty  years  before.  Antigua  was  the  chief  centre 
of  trade  in  the  Leeward  Islands  with  St.  Christopher  a  good 
second,  and  it  seemed  fitting  therefore  that  its  Lieutenant- 
Governor  should  take  precedence.  It  was  unfitting  that  a 
Councillor  who  held  quite  a  junior  place  in  the  General  Assembly 
might  be  placed  by  an  accident  in  charge  of  the  most  important 
post  in  all  the  islands  (p.  14). 

Captain  Paul  George,  the  Lieutenant-Governor  of  Montserrat, 
Montserrat.  wno  had  been  so  persistent  in  his  applications  for  preferment 
to  the  Duke  of  Newcastle,  was  losing  heart  and  when  he  learned 
that  his  last  petition,  for  the  governorship  of  Bermuda,  had 
failed  begged  that  he  might  be  permitted  to  dispose  of  his 
Governorship  and  Company  for  about  2200/.  and  retire  to 
South  Carolina,  for  he  saw  no  probability  in  the  station  he  was 
at  present  in  of  laying  up  anything  towards  discharging  such 
debts  as  were  the  occasion  of  his  leaving  England.  He  had 
served  twenty-five  years  in  the  army  and  had  received  no 
reward  (31),  but  even  his  last  appeal  was  unsuccessful.  Seven 
months  later,  in  September  1728,  Lord  Londonderry  wrote 
to  Newcastle  to  inform  him  of  George's  death  and  to  ask 
permission  to  dispose  of  his  Deputy  Governorship,  which  was 
worth  about  200/.  per  annum.  (397). 

The  government  of  the  smaller  islands  had  to  be  provided 
for  by  the  appointment  of  gentlemen  who  would  pay  their  own 
expenses,  for  they  could  make  no  contribution  towards  a  salary. 


INTRODUCTION.  xli 


There  were  a  good  many  British  subjects  in  the  islands  of 
Anguilla,  Spanish  Town  and  Tortola,  and  a  particular 
Lieutenant-Governor  to  each,  but  as  Matthew  said  "  If  his 
cudgel  happen  to  be  a  whit  less  than  a  sturdy  subject's,  '  Good 
night,  Governor'."  There  were  continual  contentions  in  those 
islands  about  their  meum  and  tuum  and  the  strongest  had  the 
best  title,  so  that  to  bring  some  sort  of  judicature  among  them 
Matthew  recommended  the  establishment  of  some  sort  of  a 
court  where  every  man  might  be  heard  to  tell  his  own  story, 
(p.  15).  The  people  ought  to  be  protected  against  the  tyranny 
of  a  pasha  such  as  some  of  those  who  had  ruled  over  them 
had  been. 

The  amount  on  the  most  populous  of  these  islands  hardly 
reached  200  families  and  juries  could  not  be  found  among  such 
small  numbers.  The  gentlemen  of  the  Bar  would  not  attend, 
as  they  could  not  be  paid,  for  a  retaining  fee  at  the  usual  rate 
would  empty  the  pockets  of  a  whole  island.  Among  petty 
affairs  such  as  the  islands  alone  afforded  a  persistent  and  greedy 
self-seeker  with  some  influence  in  England  could  become  a 
pluralist  on  a  most  extensive  scale.  Such  an  one  was  that 
Wavell  Smith,  Secretary  of  the  Leeward  Islands  whose  disputes 
with  Governor  Hart  have  been  mentioned  in  previous  Intro- 
ductions. In  those  disputes  he  had  received  what  he  held  to 
be  a  favourable  reply  to  his  claims  to  hold  a  large  number  of 
small  offices  under  his  patent,  and  he  demanded  that  Matthew 
should  extrude  all  other  persons  from  the  offices  and  let  them 
recover  them  from  him  by  process  of  law.  The  Lieutenant- 
General  clearly  dreaded  Smith's  contentiousness  and  strove 
to  keep  friends  with  him  (p.  16),  but  it  was  of  very  little  avail 
and  there  are  many  letters  in  the  volume  about  his  outrageous 
claims  (69,  91,  181,  318,  713,  etc). 

Lord  Londonderry's  tenure  of  the  Governorship  did  not  last 
lon£'  He  arrived  in  the  islands  in  August  1728  (397)  and 
London-  actively  took  up  his  functions,  but  he  died  in  September  1729 
and  Lieutenant-General  Matthew  was  again  in  charge  of  the 
administration.  He  had  held  the  second  post  in  the  islands 
for  the  long  period  of  fourteen  years  and  naturally  he  petitioned 
for  the  definitive  appointment  to  the  Governorship  he  had  so 


xlii  COLONIAL    PAPERS. 


frequently  administered,  (902,  903,  991).  But  he  could 
command  no  influence  at  Court,  and  so  his  plea  had  no  hope 
of  success  despite  the  services  he  had  rendered  to  the  Crown  as 
Commissioner  for  the  disposal  of  the  French  lands  in  St. 
Christopher  and  Engineer  of  Gibraltar  during  the  attacks  of  the 
Spaniards  (991).  Secretary  Townshend  secured  the  post  for  his 
own  nominee,  George,  Lord  Forbes,  and  in  November  1729 
the  Board  of  Trade  was  ordered  to  prepare  drafts  for  his 
commission  and  instructions.  (990). 

There   was   still  a  residuum   of  the   floating  and   unsettled 
Floating      population  in  the  West  Indies  which  had  been  such  a  notable 

population 

of  the  feature  of  the  latter  part  of  the  seventeenth  century.  Landless 
men  both  English,  French  and  Dutch,  who  had  been  extruded 
from  their  little  holdings  by  the  growth  of  larger  plantations 
worked  by  negro  slaves,  surged  backwards  and  forwards  among 
the  unoccupied  smaller  islands  in  search  of  a  living  or  provided 
recruits  for  the  gradually  dwindling  companies  of  the  buccaneers. 
It  was  the  tragic  ending  of  the  great  white  emigration  that  had 
poured  into  the  West  Indies  in  the  first  half  of  the  seventeenth 
century.  Our  documents  afford  no  direct  evidence  of  the 
feelings  or  desires  of  the  dwindling  remnants  of  the  stream 
that  a  century  before  had  been  at  flood,  for  the  descendants 
of  the  first  comers  were  quite  unvocal  and  had  no  influence  on 
the  richer  planters  who  had  held  their  own.  But  there  are 
many  indications  here  and  there  that  these  '  poor  whites  ' 
still  existed,  and  it  would  be  an  interesting  and  significant  task 
to  piece  these  together  to  make  a  complete  story  of  the  social 
tragedy  that  had  engulfed  one  of  the  greatest  streams  of 
emigration  that  ever  left  the  countries  of  Northern  Europe. 
By  tracing  from  our  indexes  the  events  in  the  smaller  islands 
of  the  Virgin  Islands  and  the  Leeward  group,  like  Santa  Cruz, 
Barbuda,  St.  Eustatius  and  Montserrat,  a  beginning  might  be 
made  with  the  English,  Dutch,  Swedes  and  Danes  among  this 
flotsam,  while  the  struggles  of  the  French  from  Martinique  and 
Guadeloupe  and  the  English  from  Barbados  to  occupy  Dominica, 
St.  Lucia  and  Tobago  and  other  of  the  Windward  group  would 
give  another  aspect  of  this  story  which  is  a  neglected  but 
essential  part  of  the  history  of  the  West  Indies,  (see  e.g.  664, 


INTRODUCTION. 


xliii 


Barbados. 


Connection 

with 
Guiana. 


790,  821,  684,  34,  41,  526,  184,  664,  802,  1032,  1053  for  certain 
islands.) 

Governor  Worsley  despite  the  complaints  of  the  Barbados 
Assembly  against  him  (6,  518)  was  re-appointed  to  his  Governor- 
ship (154)  and  the  unending  wrangles  in  the  island  went  on, 
but  without  affording  many  points  of  constitutional  interest 
(see  e.g.  20,  p.  7,  p.  9,  207,  297  ii,  362,  389).  There  are  some 
indications  that  the  interest  of  planters  from  Barbados  in  new 
plantations  in  Guiana,  which  became  of  considerable  importance 
later  in  the  century,  had  already  begun.  Jeronimy  Clifford 
who  had  held  important  plantations  in  Surinam,  of  which  he 
had  been  dispossessed  by  the  Dutch  Proprietors  of  that  colony, 
was  still  petitioning  in  support  of  the  claims  for  compensation 
that  he  had  brought  forward  more  than  twenty  years  before. 
(See  Cal.  St.  Pap.  Col.,  1704-5,  Preface  p.  xxix  and  various 
documents).  Sir  Robert  Walpole  advised  him  to  drop  his 
claims  against  the  Dutch,  but  it  does  not  appear  on  what 
grounds.  Whatever  British  contacts  there  were  with  Guiana 
came  through  Barbados,  but  another  side  line  of  British  activity 
on  the  coast  of  the  mainland  started  from  Jamaica  and  it  was 
through  the  Governor  of  that  colony  that  the  Government  were 
informed  of  what  was  going  on. 

As  buccaneering  and  piracy  were  gradually  put  down  in  the 
The  logwood    Caribbean  by  the  pressure  of  the  ships  of  the  British  and  French 

cutters  of 

Campeachy.  navies,  the  buccaneers  found  an  outlet  for  their  energies  and  the 
readiest  means  of  making  an  honest  living  by  cutting  logwood 
on  the  unoccupied  coasts  of  Campeachy.  There,  despite  the 
protests  of  the  Spaniards  and  repeated  efforts  to  drive  them 
out,  they  had  formed  a  settlement  at  the  Laguna  de  Terminos 
(191),  and  this  provided  a  knotty  problem  for  the  Commissioners 
of  Customs  and  the  Board  of  Trade  who  were  jointly  charged 
with  the  supervision  of  the  Acts  of  Navigation.  The  logwood 
cut  in  Campeachy  was  often  carried  directly  to  Holland  and 
other  foreign  parts  from  New  York  and  other  British  plantations. 
But  it  was  required  by  law  that  all  fustick  or  other  dyeing(1)  wood 
of  the  growth,  production  or  manufacture  "  of  any  British 

(1)  Printed  in  the  text  (39)  as  "drying." 


xliv  COLONIAL    PAPERS. 


Plantation  in  America  "  should  be  brought  directly  to  Great 
Britain  and  landed  there.  Was  Campeachy  to  be  esteemed  a 
Plantation  belonging  to  the  Crown  of  Great  Britain  or  no  ?  (39). 
The  Board  of  Trade  could  not  say,  and  could  only  refer  (40)  the 
Customs  Commissioners  to  the  report  on  the  subject  of  the 
settlements  of  the  logwood  cutters  prepared  in  1717  (Col.  St. 
Pap.,  Col.  1717-18,  no.  104,  pp.  38-45).  There  the  whole 
history  of  the  question  was  summarised,  but  no  clear  answer 
to  the  Customers'  question  was  afforded.  The  House  of 
Commons,  too,  was  making  requests  for  information  on  the 
subject  (617),  but  again  the  Board  could  do  nothing  more  than 
forward  the  report  of  1717.  (Journal,  1728-34,  p.  13). 

The  logwood  cutters  not  only  gathered  in  the  remotest  parts 
The          of  the  Bay  of  Campeachy  ;    they  also  carried  on  their  trade  in 

Moskito 

Coast.  the  forests  and  swamps  along  the  rivers  in  the  east  of  the 
Peninsula  of  Yucatan,  where  the  settlements  of  Belize  now  lie. 
Further  south  too  they  were  to  be  found  around  Cape  Gracias 
a  Dios  and  the  neighbouring  coasts  and  there  they  were  in 
intimate  touch  with  the  Moskito  Indians,  who  were  bitter 
enemies  of  the  Spaniards.  "  His  Musketish  Majesty  "  wrote 
to  Governor  Hunter  of  Jamaica  in  October  1729  to  congratulate 
him  on  his  appointment  and  to  offer  to  continue  the  good 
understanding  that  had  always  subsisted  between  the  subjects 
of  H.M.  of  Great  Britain  and  the  inhabitants  of  the  Moskito 
kingdom.  The  coast  had  been  disturbed  by  a  rebellion  arising 
after  the  death  of  the  King  of  the  Moskitos  and  the  Governor 
and  the  possessions  of  the  white  people  had  been  attacked. 
King  Peter  therefore  asked  for  Commissions  under  the  Great 
Seal  of  the  Island  of  Jamaica  for  one  John  Bellamy,  whom  he 
thought  a  proper  person  to  assist  him  in  the  office  of  Governor 
of  the  Southern  parts  of  his  Dominions,  and  for  Charles  Holby 
to  be  General  of  his  forces  and  overseer  of  the  Northern  parts 
(952  i).  Governor  Hunter  forwarded  the  letter  to  the  Secretary 
of  the  Board  of  Trade,  and  stated  that  he  had  sent  the  com- 
missions in  the  usual  form  to  keep  "  his  Musketish  Majesty  " 
in  good  humour,  but  as  these  matters  in  the  Bay  of  Honduras 
clearly  involved  our  relations  with  Spain,  he  could  not  do  more 
than  give  some  private  hints  to  Mr.  Delafaye  as  to  the  state  of 
affairs  in  that  region.  (952). 


INTRODUCTION. 


xlv 


Newfound- 
land 
and  the 
fisheries. 


The  affairs  of  Newfoundland  and  Placentia  demanded  a  good 
deal  of  attention,  and  the  usual  heads  of  enquiry  were  sent  out 
to  the  naval  commanders  in  the  fisheries  and  their  detailed 
answers  were  received  (686-7,  697,  939,  940,  etc.).  Lord  Vere 
Beauclerk  and  Captain  Osborn  were  in  charge  of  the  ships  off 
the  Newfoundland  coast  and  Captain  Weller  at  the  Canso 
fishery.  Their  replies  were  of  more  interest  than  usual  because 
the  commodores  were  engaged  in  the  task  of  setting  up  justices 
of  the  peace  and  other  authorities  to  exercise  control  during 
the  winter  when  there  were  no  naval  commanders  in  charge. 
It  is  impracticable  here  to  do  more  than  draw  attention  to  the 
letters  where  the  whole  business  is  set  forth  at  length,  but  it  is 
of  considerable  importance  in  the  history  of  Newfoundland, 
because  it  marks  the  turning  point  at  which  the  existence  of  a 
permanent  British  community  in  the  island  was  officially 
recognised  by  the  Privy  Council  (666). 

Enquiries  were  made  of  the  Mayors  of  Bristol,  Dartmouth, 
Barnstaple,  Bideford,  Poole,  Exeter,  Plymouth,  Weymouth  and 
Liverpool  as  to  the  measures  the  fishing  merchants  of  those 
ports  thought  necessary  for  the  further  encouragement  of  the 
fisheries  (461)  and  reference  to  the  pages  of  the  Journal  will 
show  what  a  large  share  of  the  attention  of  the  Board  of  Trade 
was  directed  to  the  matter.  Barnstaple  (487)  and  Poole  (595) 
replied  without  delay,  and  the  Board  entered  into  discussion 
with  them  on  the  points  they  raised  (e.g.  721).  The 
misbehaviour  of  Lieutenant-Governor  Gledhill  at  Placentia 
was  one  of  the  most  serious  causes  of  complaint,  and  he  was 
at  last  formally  removed  from  his  place  and  called  home  to 
answer  for  his  conduct  (725).  The  whole  question  of  Placentia 
and  its  government  under  Nova  Scotia  was  closely  bound  up 
with  the  affairs  of  that  colony,  and  the  whole  of  the  fishery  both 
in  Newfoundland  and  Nova  Scotian  waters  should  be  considered 
as  a  single  problem  to  gain  a  clear  view  of  the  policy  that  was 
being  pursued  in  this  matter,  which  was  regarded  as  of  such 
great  importance  for  the  trade  of  the  Kingdom. 


COLONIAL   PAPERS. 


1728. 


|?  Jan.]  1.  Considerations  upon  the  importation  of  negroes  into 
Jamaica,  in  reply  to  the  Planters  residing  in  Great  Britain, 
who  are  endeavouring  that  Governor  Hunter  may  not  be 
instructed  not  to  pass  any  Act  imposing  duties  on  negroes 
imported  or  exported.  Abstract : — Such  duties  would  lessen 
the  importation  of  negroes  into  Jamaica,  and  therefore  lessen 
the  produce  of  the  island.  The  necessity  of  the  island  does 
not  require  such  a  duty,  for  the  very  same  persons  have  assured 
Governor  Hunter  and  others  that  the  estimate  of  the  revenue 
annexed  to  the  bills  transmitted  from  Jamaica  will  answer 
the  whole  expense  of  the  Government,  exclusive  of  the  additional 
pay  to  the  two  Independent  Companies  etc.  A  tax  on 
negroes  in  the  island  would  be  more  equitable  and  advantageous, 
if  more  money  is  needed  etc.  Without  signature  or  endorsement. 
3|  pp.  [C.O.  137,  53.  ff.  22-23i;.] 

[Jan.  ?]  2.  Duke  of  Montagu  to  [?the  Duke  of  Newcastle.]  As  I 
know  I  may  allwaise  depend  on  your  friendship  I  beg  you  will 
shew  it  me  in  the  afaire  which  the  enclosed  copy  of  a  petition 
I  intend  to  present  to  the  King  (v.  C.S.P.  1728.  Jan.  23)  will 
informe  you  of,  and  which  I  beg  you  will  read  with  atention, 
and  for  that  reason  I  have  taken  the  liberty  to  send  it  you  into 
the  countery  thinking  you  woud  have  more  leasure  from  busines 
there  then  in  town  ;  I  shall  refer  the  whole  matter  to  the  petition 
except  one  thing  wch  I  must  explaine  to  you  ;  When  the  news 
caime  that  the  French  had  obliged  my  Collony  to  abandon 
St.  Lucia,  and  that  I  was  solisiting  about  that  afaire,  Ld. 
Townshend  proposed  to  me  to  speake  to  Mr.  Poins,  about  a 
pretention  sume  relations  of  his,  the  two  Mr.  Manlys  of  the 
Custome  House,  one  Mr.  Code,  Mr.  Knight,  and  sume  others  have 
to  the  Island  of  Tabago,  and  that  if  I  coud  agree  matters  with 
them  I  migte  have  that  island  to  settle,  but  I  was  then  still 
in  hopes  of  getting  Sta.  Lucia  againe,  and  declined  doeing 
any  thing  in  relation  to  Tabago.  Sence  that  you  know  the 
transactions  between  Mr.  D'Estree  and  me  about  St.  Lucia, 
which  the  King  and  all  of  ye  aprovd  of  and  were  so  kind  to 
give  Mr.  Walpole  instructions  about ;  But  now  I  am  convinced 
Mr.  d'Estree  tryfles  with  me,  so  that  I  have  quite  given  over 

C.P.  xxxvi— i 


COLONIAL   PAPERS. 

1728. 

the  thoughts  of  that  afaire  ;  but  as  I  have  still  a  great  many 
cannon  and  other  stores  in  the  West  Indies  which  I  can  never 
dispose  of  but  by  a  new  setlement,  I  have  agreed  with  Mr. 
Manly,  Code,  Knight  etc.  the  parties  concernd  in  the  pre- 
tensions on  Tobago,  and  if  I  can  get  a  grant  of  the  island  they 
and  I  together  will  undertake  to  settle  it ;  now  what  I  desire 
I  think  cannot  be  refus'd  me,  I  onely  desire  to  have  one  island 
given  me  to  settle  insted  of  two  islands  which  are  myne,  and 
which  the  King  and  all  of  you  are  willing  I  shoud  settle,  if  it 
coud  be  braught  about,  etc.  Continues : — May  be  it  may  be 
objected  etc.,  that  Mr.  Worsley  has  instructions  to  settle  it,  to 
which  I  answer,  that  he  had  those  instructions  att  the  tyme 
Ld.  Townshend  offerd  me  the  island  ;  and  as  to  the  settling 
the  island,  the  giving  him  those  instructions  shews  the  Govern- 
ment thaught  it  proper  the  island  shoud  be  settled,  but  as  yet 
he  has  done  nothing  towards  it,  and  I  can  demonstrate  he  never 
can  ;  may  be  I  may  be  allso  told,  I  am  in  the  wrong  as  to  my 
selfe,  to  have  a  minde  againe  to  undertake  such  an  afaire,  but 
that  is  my  busines,  and  if  I  am  in  the  wrong  so  much  the  worse 
for  me  ;  In  short  this  is  the  onely  thing  I  have  asked  sence 
the  King  came  to  the  Throne,  and  I  think  it  a  sort  of  a  thing, 
that  I  must  think  my  selfe  very  hardly  used  if  it  is  refus'd  me, 
but  I  entierly  relye  upon  you  to  be  my  frend  in  it,  and  I  know 
you  will  do  your  best  for  me.  And  this  favour  I  beg  that  I 
may  not  be  kept  in  insertaintis  about  it,  but  that  if  I  must  not 
have  it  I  may  be  told  so  at  once.  But  if  I  am  to  have  it, 
I  beg,  as  the  Board  of  Trade  have  allredy  represented  to  the 
King,  that  the  settling  Tobago  woud  be  very  benefistial,  that 
I  may  not  be  refer'd  to  them,  which  woud  be  quite  onnesesary 
and  woud  take  up  a  great  of  tyme,  and  give  me  a  great  deale 
of  onnesesary  trouble,  but  that  the  afaire  may  be  referd  directly 
to  the  Atourney  Generall,  he  passed  my  Sta.  Lucia  patent,  and 
he  may  copy  it  over  againe  word  for  word  for  this,  for  it  needs 
onely  putting  in  the  name  of  one  Island  insted  of  an  other. 
I  beg  you  will  consider  the  petition  well,  I  will  mentaine  every 
article  in  it  to  be  true.  I  intend  to  send  Ld.  Townshend  and 
Sir  Robert  copys  of  the  petition  to-morrow.  I  depend  upon 
you  to  be  my  frend  and  advocate,  and  I  intend  to  waite  on 
you  Wednesday  morning  to  know  my  fate,  for  I  hope  by  that 
tyme  you  will  have  settled  it  with  your  brother  Ministers,  and 
not  only  till  then  but  for  ever,  I  am  and  shall  be  your  obedient 
servant,  Signed,  Montagu.  Without  date  or  endorsement. 
Holograph.  5  *pp.  Enclosed,  (conjecturally), 

2.  i.  Petition  of  the  Duke  of  Montagu  to  the  King.  Copy 
of  C.S.P.  Jan.  23,  1728.  q.v.,  with  quotations  from 
Instructions  of  Governors  of  Barbados,  1721  and  1722. 
5  pp. 

2.  ii.  Memorandum  relating  to  the  following. 


AMERICA   AND   WEST  INDIES. 


1728. 


Jan.  1. 

Whitehall. 


Jan.  4. 

New  York 
in  America. 


2.  iii.  Extract  of  Representation  of  Board  of  Trade,  15th 
Feb.,  1721,  as  to  inserting  the  island  of  Tobago  in 
the  Commission  of  the  Governor  of  Barbados,  v. 
C.S.P.  1721. 

2.  iv.  Extract  of  Representation  of  Board  of  Trade  2nd  June, 
1709,  relating  to  British  title  to  Tobago,  v.  C.S.P. 
under  that  date. 

2.  v.  Memorandum  relating  to  Tobago.     Tobago,  not  being 

setled,  is  upon  the  same  foot  as  all  other  islands 
belonging  to  the  Crown  in  America,  which  the 
Governors  have  a  power  to  grant  out,  derived  from 
their  Instructions,  not  from  the  Treasury.  The 
Governor  of  Barbados  could  therefore  grant  Tobago 
to  the  Duke  of  Montagu  without  such  a  grant  passing 
the  Treasury  etc.  No  date  or  endorsement.  If  pp. 
[C.O.  285,  2.  Nos.  4,  4,  i-v.] 

3.  Duke  of  Newcastle  to  the  Council  of  Trade  and  Planta- 
tions.    H.M.  having  been  pleased  to  appoint  the  Rt.  Honble. 
the  Earl  of  Londonderry  to  be  Governor  of  the  Leeward  Islands 
in  America,  in  the  room  of  John  Hart,  Esq.,  you  are  to  prepare 
draughts    of    his    Commission    and    Instructions    etc.     Signed, 
Holies  Newcastle.    Endorsed,  Reed.    Read  2nd  Jan.,  172|.    f  p. 
[C.O.  152,  16.    ff.  54,  55v.] 

4.  Mr.  Bradley  to  the  Duke  of  Newcastle.     An  Act  passed 
here  in  Nov.  last  for  preventing  prosecutions  by  in  formations  other 
than  such  as  the  Governor  shall  order  in  Council ;   which  being 
a  manifest  infringemt.  on  H.M.  prerogative,  was  very  much 
against  the  inclination  of  the  Govr.  and  Council ;    who,  not- 
withstanding, were  oblig'd  at  last,  to  consent  to  it,  or  loose  the 
money  bill  relateing  to  Oswego,  wch.  passed  at  the  same  time  ; 
for  some  members  of  the  Assembly,  and  several  of  their  friends, 
being  affected  by  prosecutions  of  this  kind,  wch.  were  order'd 
by  the  Supream  Court,  for  crimes  of  no  trivial  or  inferiour 
nature  ;   the  leading  men  in  the  Assembly  were  determined  not 
to  consent  to  that  money  bill,  unless  this  Act  passed  ;    having, 
as  it  is  generally  believed,  form'd  a  designe,  not  only  to  screen 
themselves  and  friends  by  this  law,  from  these  and  all  other 
prosecutions  of  this  sort,  tho'  never  so  just  or  necessary  (wch. 
seem  to  be  almost  the  only  means  H.M.   has  to  check  that 
levelling  spirit  that  too  plainly  appears  among  the  generallity 
of  the  people  of  these  countrys)  but  also  to  break  in  upon,  and 
weaken   H.M.    Prerogative   and   interest   here,   by  attempting 
to  take  away  that  remedy,  wch.  the  Common  Law  gives  H.M. 
of  prosecuting  by  information,   without  the  leave  of  any  of 
H.M.  subjects  etc.,  and  to  make  all  the  officers  of  the  Crown 
entirely  dependant  on  the  Assembly  ;  who,  by  having  the  sole 
power  of  granting  money,  are  able  thus  to  influence  even  the 


COLONIAL   PAPERS. 

1728. 

Govr.  and  Council  to  consent  to  such  bills,  which  they  would 
otherwise  reject.  Prays  his  Grace  to  recommend  the  Lds.  of 
Trade  the  speedy  consideration  of  enclosed  memorial  against 
this  Act ;  the  Assembly  having  limited  it  to  three  years  only, 
with  such  politick  view  as  in  the  memorial  is  mentioned. 
Signed,  Richd.  Bradley.  2  pp.  Enclosed, 

4.  i.  Memorial  by  Same  to  the  Council  of  Trade  and  Planta- 
tions against  the  above-mentioned  Act  of  New  York. 
Repeats  parts  of  preceding  and  following.  The 
Assembly  rejected  the  amendments  by  which  the 
Council  thought  they  would  prevent  the  ill  tendency 
of  the  bill  exposed  by  the  Memorial,  v.  No.  ii.  In 
many  cases  prosecutions  may  be  necessary  where 
they  may  be  very  inconvenient  for  the  Governor  and 
Council  to  order,  as  where  they  may  affect  leading  men 
of  the  Assembly  or  their  friends  etc.  Prosecutions 
by  informations  seem  to  be  the  only  means  H.M.  has 
to  ascertaine  his  just  rights  to  fines  for  misdemeanours, 
where  a  jury  will  not  present,  wch.  has  often  been  the 
case  in  this  country,  tho'  the  evidence  has  been  as 
full  and  strong  as  could  be  wish'd  for  etc.  The 
limiting  of  this  Act  to  three  years,  seems  also  to  be 
done  with  a  designe,  to  get  it  the  more  readily  con- 
firmed, or  at  least  that  it  may  escape  being  repealed 
at  home,  it  having  been  a  common  practice,  as  I  am 
inform'd,  for  the  Assembly's  here,  when  they  had  a 
mind  to  obtaine  laws  agt.  the  inclination  of  this 
Government,  to  limit  them  to  some  short  time,  dureing 
which  they  stand  in  force  if  they  are  not  repeal' d,  and 
so  answer  their  designe  as  well  as  if  they  had  been 
confirm'd  ;  and  upon  their  expiration  to  use  them 
as  precedents  for  laws  of  the  same  nature,  of  a  longer 
duration.  Gives  instances  to  show  that  the  prosecu- 
tions by  informations  have  not  been  on  trivial  matters. 
Two  have  been  for  intrusions  on  H.M.  lands  ;  another 
was  brought  by  order  of  the  Supreme  Court  against 
the  Justices  of  Albany  for  the  insufficiency  of  their 
gaol,  and  the  like  against  the  Corporation  of  the  City 
of  New  York  etc.,  and  two  others  against  an  Assembly 
man  and  several  Justices  for  administering  to  several 
assessors  of  the  publick  rates  an  oath  of  the  said 
Justices'  own  devising,  very  different  from  the  form 
they  were  by  law  required  to  administer  ;  with  an 
intent,  as  many  of  the  freeholders  there  complain 
to  ease  the  sd.  Justices  and  their  friends,  and  lay  the 
burthen  on  others.  Another  was  brought  by  order 
of  the  Government  for  a  notorious  riot,  if  not  rebellion, 
found  by  an  inquisition  taken  thereof  etc.  These 
were  the  prosecutions  the  Assembly  were  offended  at, 


AMERICA   AND   WEST   INDIES.  5 

1728. 

because  they  affected  some  of  them,  and  their  friends, 
and  others  being  still  liable  for  prosecutions  for  offences 
far  from  trivial  etc.  Concludes  :  As  I  cannot  get  any 
salary  allow'd  me,  nor  my  fees,  or  any  recompense 
for  my  time  and  labour,  so  necessarily  employed  in 
these,  and  many  other  prosecutions  of  the  Government 
and  Courts  ordering,  against  forgers  of  the  bills  of 
credit  and  many  other  felons,  for  all  wch.  above  £800 
is  due  to  me  of  wch.  I  cannot  get  one  penny  etc.,  asks 
to  be  allowed  £150  pr.  annum  from  home,  as  his  pre- 
decessors were.  Signed,  Richd.  Bradley.  New  York, 
4th  Jan.,  1727.  4  pp. 

4.  ii.  Memorial  by  the  Attorney  General  of  New  York  to 
the  Governor  and  Council,  14th  Nov.,  1727.  Reports 
against  the  bill  for  preventing  prosecutions  by 
informations,  submitted  to  him,  as  contrary  to  the 
Common  Law  and  H.M.  Prerogative.  The  preamble 
misrepresents  matters  of  fact  in  stating  that  such 
prosecutions  have  been  for  trivial  matters.  Instances 
given.  It  would  be  most  unjust  to  quash  informations 
without  first  paying  the  Attorney  General  the  costs 
already  due  on  such  prosecutions.  The  second  enacting 
clause  that  the  Attorney  General  shall  not  prosecute 
for  any  misdemeanour  by  information  without  an 
order  from  the  Governor  signed  in  Council  is  directly 
repugnant  to  the  Common  Law.  The  King  cannot 
be  obliged  to  ask  the  leave  of  any  of  his  subjects 
whether  he  shall  prosecute,  or  how  or  where,  etc. 
Signed,  R.  Bradley.  Copy.  2f  pp.  [C.O.  5,  1092. 
Nos.  64,  64  i,  58.] 


Jan.  4.  5.  Mr.  Bradley  to  Mr.  Popple.  Encloses  above  memorial 
New  York  to  be  laid  before  the  Board  etc.  Continues  : — I  hope  their 
m  America.  Lclps.  will  be  pleased  to  observe  that  tho'  the  Assembly  should 
not  obtaine  the  Royal  assent  to  the  Act  agt.  informations  ; 
yet  if  it  be  not  rejected,  it  will  answer  their  intent  full  well  ; 
the  Act  being  but  for  three  years  ;  and  I  doubt  not  but  their 
Ldps.  will  from  their  former  experience  of  the  Assembly's  of 
this  country  and  the  present  disposition  they  seem  to  be  in  ; 
plainly  perceive  that  they  aim  at  [?  no  les\s  than  being  independ- 
ent on  the  Kingdome  of  Great  Britaine  as  fast  as  they 
can  ;  which  too  evidently  appears  by  most  of  their  schemes 
and  actions  that  relate  to  the  Publick  ;  and  therefore  seems  to 
me,  to  require  the  greater  zeal  and  courage  in  a  Govr.  to  obviate, 
altho'  it  should  not  happen  to  consist  with  his  own  private 
interest ;  which,  from  what  I  have  hitherto  observed,  seems 
to  have  been  almost  the  only  thing  intended ;  let  the 


i  COLONIAL   PAPERS. 

1728. 

consequence  be  what  it  will  as  to  anything  else  etc.  Signed, 
Richd.  Bradley.  Endorsed,  Reed.  27th  Feb.,  Read  1st  May, 
1728.  1-|-  pp.  Edge  torn.  Enclosed, 

5.  i,  ii.  Duplicates  of  Encl.  Nos.  i,  ii.  preceding. 

5.  iii.  Duplicate  of  Dec.  21,  1727.  Encl.  iii  Minutes.  [C.O. 
5,  1054.  ff.  258,  258u.,  259i>.,  263-274*;.] 

Jan.  4.  6.  Majority  of  Assembly  of  Barbados  to  the  Council  of 
Barbados.  Trade  and  Plantations.  Enclose  their  petition  to  the  King. 
Continue :  Wee  should  not  have  thus  abruptly  addressed  your 
Lordshipps,  but  the  Island  is  now  without  any  Agents,  and  ycur 
Lordshipps'  vigilance  and  zeale  to  protect  and  promote  the 
interest  of  all  H.M.  Colonyes  so  well  known  that  wee  flatter 
ourselves  your  Lordshipps  will  have  the  goodness  to  pardon 
our  presumption,  and  make  such  a  representation  of  our  con- 
dition to  H.M.  as  our  moveing  circumstances  stand  in  need  of. 
It  will  probably  seem  very  strange  to  your  Lordshipps  that  a 
Colony,  which  has  now  for  five  years  been  seemingly  so  well 
satisfied  with  a  Governour,  should  now  complain  of  grievances 
of  the  nature  set  forth  in  our  petition  ;  But  the  truth  is  wee 
were  tired  out  with  contentions,  and  willing  to  suffer  a  great 
deal  rather  than  be  troublesome,  till  at  length  wee  have  the 
mortification  to  see  our  country  brought  to  the  very  brink  of 
ruin.  Our  fortifications,  platforms  and  breast-works  are  now 
so  ruinous  that  £100,000  will  not  put  them  in  the  condition 
they  were  formerly  in  ;  But  if  they  were  in  order,  wee  have 
no  ammunition  to  defend  them,  so  that  in  case  of  an  attack, 
wee  must  surrender  to  any  invader.  Our  magazine  has  generally 
had  in  it  from  800  to  1000  barrels  of  good  powder  ;  But  now 
there  are  not  above  87  ;  and  of  those,  about  40  have  lately, 
upon  the  occasion  of  our  attempt  to  enquire  into  the  condition 
of  the  Magazine,  been  bought  by  H.E.'s  Secretary  from  the 
Deputy  Provost  Marshall  in  a  clandestine  manner  at  50s.  by  the 
barrell  (being  the  refuge  of  a  pyratical  cargo  sold  here),  H.E. 
having  made  a  personal  contract  with  the  late  store-keeper  for 
his  Secretary  to  farm  his  office  at  £300  current  money  per 
annum  rent.  This  deficiency  must  have  been  occasioned  by 
the  Secretary  accepting  money  instead  of  powder  contrary 
to  the  law,  or  selling  it  etc.  Our  Governor,  with  apparent  intent 
to  prevent  our  inquiring  into  and  representing  this  and  several 
other  grievances,  has  adjourned  and  prorogued  the  Assembly 
from  time  to  time,  and  wee  have  no  prospect  of  being  suffered  to 
sitt  any  more  on  business  etc.  Wee  therefore  pray  your  Lord- 
shipps to  pardon  our  directing  some  Gentlemen  in  London  to 
attend  your  Lordshipps  on  this  occasion.  Wee  have  omitted 
in  our  petition  the  particulars  of  H.E.'s  partial  proceedings  in 
the  Court  of  Chancery  ;  instances  whereof  are  but  too  many 
to  be  therein  inserted,  and  the  rather,  because  the  parties 
injured  are  ready,  on  any  enquiry,  to  exhibit  articles  against 


AMERICA  AND   WEST  INDIES.  7 

1728. 

him  touching  his  arbitrary  granting  and  refusing  injunctions, 
occasional  and  suddain  adjournments  of  the  Court,  and  his  even 
ordering  bills  to  be  taken  off  the  files  without  the  concurrence  or 
assent  of  the  Council,  but  on  the  contrary  refusing  to  take  their 
opinion  touching  the  same  etc.  Wee  are  not  insensible  but  that 
endeavours  have  lately  been  industriously  used  among  us  here  to 
procure  an  Address  in  December  last  from  the  late  Grand  Jury 
returned  out  of  three  parishes  only  and  pickt  to  represent  our 
Island  as  the  happiest  of  H.M.  West  Indian  Colony's  under 
the  present  administration  ;  and  wee  shall  not  trouble  your 
Lordshipps  with  a  repetition  of  the  usual  methods  taken  to 
procure  such  in  the  Plantations,  nor  of  the  common  practices, 
by  which  impositions  of  this  nature  have  sometimes  been 
successfull :  But  my  Lords,  If  wee,  in  conjunction  with  the  rest 
of  our  fellow-members,  the  Representatives  of  the  People, 
who  were  present  when  lately  wee  addressed  H.E.  on  the  occasion 
he  then  afforded  us  (v.  Minutes),  may  be  presumed  to  know  our 
own  and  the  People's  circumstances  better  than  persons  meanly 
culPd  out  to  obtrude  on  strangers  to  the  affairs  and  condition 
of  this  Island  such  fulsome  performances  for  truths  in  favour 
of  our  Governour  and  his  Judge,  an  active  Agent  on  that  and 
other  his  occasions,  etc.  Signed,  Hen.  Peers,  Edmund  Sutton, 
Thos.  Maycock,  jun.,  Tho.  Spencer,  Robt.  Yeamans,  W.  Gibbons, 
James  Bruce,  Edward  Brace,  Saml.  Maynard,  Jn.  Cobham, 
Jno.  Bignall,  Gel.  McMahon,  John  Walcott,  J.  Fercharson. 
Endorsed,  Reed.  24th,  Read  27th  Feb.,  172|.  Addressed. 
3  pp.  Enclosed, 

6.  i.  Petition  of  the  Majority  of  the  Assembly  of  Barbados 
to  the  King.  Jan.  4,  1727(8).  Petitioners  in  their 
legislative  capacity  lately  had  the  pleasing  satisfaction 
of  expressing  their  firm  loyalty  etc.  in  their  Address 
of  congratulation  etc.  They  cannot  now  without  the 
utmost  regret  and  deepest  sorrow  find  themselves  in 
their  private  capacity  under  the  necessity  of  approach- 
ing the  same  august  Presence  with  complaints  against 
H.E.  Henry  Worsley  etc.,  but  the  impending  ruin  of  this 
Colony,  which  can  only  be  prevented  by  your  Majesty's 
speedy  interposition,  constrains  them  etc.  In  1722, 
when  the  Governour  took  the  administration  upon 
him  and  for  many  years  before  the  Gentlemen  of  this 
Island  having  been  harrast  with  partys  and  divisions, 
in  hopes  to  put  an  end  to  the  same,  and  to  obtain  the 
redress  of  several  grievances,  were  wrought  upon 
to  submitt  to  a  settlement  of  £6000  sterl.  per  annum 
on  him  etc.,  a  settlement  so  very  extravagant  and  so 
much  more  than  what  the  country  could  afford  that 
the  inhabitants  could  never  have  long  supported 
themselves  under  the  same,  but  which  howsoever 
they  chearfully  submitted  to  for  several  years.  And 


COLONIAL   PAPERS. 

1728. 

yet  notwithstanding  the  Island  has  been  so  fair  from 
reaping  any  advantage  from  their  said  indiscreet 
generosity  that  the  publick  good  has  been  intirely  neg- 
lected ;  and  no  measures  taken  to  redress  the  greivances 
of  the  Island,  But  His  Excellency  and  his  creatures 
have  thereby  been  the  better  enabled  and  the  more  at 
leisure  to  oppress  the  inhabitants.  The  Militia  has  been 
totally  neglected,  the  forts,  breast-works  and  batterys 
are  gone  to  ruin,  the  publick  stores  are  imbezled  and 
wasted,  and  all  persons  in  office  under  H.E.  bussied 
in  nothing  but  how  to  raise  fortunes  from  the  ruins 
of  the  people  by  inventing  new  fees  and  perquisites, 
and  increasing  the  former  fees  and  emoluments  of 
their  several  offices  etc.  The  Freeholders,  rowssed 
at  last  with  a  just  sense  of  their  danger,  did  on  the 
election  of  the  present  Assembly  in  July  make  choice 
of  petitioners  and  others  to  enquire  into  and  procure 
redress  of  some  of  their  most  crying  grievances,  which 
when  the  Assembly  were  sitting  about,  with  all  the 
calmness  and  moderation  imaginable  and  with  due 
deference  and  regard  to  his  Excellency,  he  sought  all 
occasions  to  exasperate,  maletreat,  insult  and  abuse 
the  Assembly,  who  however  resolved  to  overlook  all 
indignitys  for  the  good  of  their  country,  and  the  said 
Governor  finding  that  he  could  not  provoke  the 
Assembly  to  return  the  ill  treatment  they  mett  with 
from  him  did  on  5th  Oct.,  command  them  to  adjourn 
for  four  weeks  and  though  upon  the  application  of 
the  Assembly  (who  humbly  represented  to  him  that 
several  bills  and  other  affairs  of  great  consequence 
were  then  depending  before  the  House,  and  therefore 
prayed  the  adjournment  might  not  be  for  so  long  a 
time)  he  was  pleased  to  shorten  the  adjournment  by 
the  space  of  two  days  only,  yet  before  the  time  of 
their  meeting  came  he  prorogued  them  to  the  9th  Dec. 
and  from  thence  to  20th  Feb.  (to  which  time  they 
now  stand  prorogued)  in  order  thereby  to  prevent 
any  inquiry  into  or  representation  of  his  male-adminis- 
tration untill  he  may  procure  the  renewall  of  his 
Commission  etc.  The  greivances  the  Island  now 
labours  under  and  the  male  administration  of  the 
Governour  will  appear  from  many  instances,  par- 
ticularly, (i)  He  has  never  reviewed  the  Militia  or  any 
of  the  forts  or  fortifications  (Needham's  Fort  only 
excepted,  which  is  scituated  a  short  mile  from  his 
house)  and  has  suffered  several  of  the  Regiments  to 
be  without  officers  ever  since  his  arrivall,  and  on  the 
common  exercising  days  such  of  the  Militia  as  do  meet 
have  not  been  exercised  for  years  together,  although 


AMERICA   AND    WEST   INDIES.  9 

1728. 

lists  have  been  called  and  fines  exacted  from  those 
who  did  not  send  their  full  complement  of  men  to 
exercise,  if  they  were  such  as  had  the  misfortune  to 
be  under  the  Governour's  or  officers'  displeasure, 
(ii)  He  has  permitted  the  powder  to  be  imbezled  and 
wasted  and  money  to  be  accepted  in  lieu  thereof,  so 
that  instead  of  800  barrells,  which  was  wont  to  be 
the  usual  quantity  in  the  Grand  Magazine,  there  are 
now  no  more  than  87,  and  that  which  makes  this 
charge  the  more  heinous  and  heavy  is,  that  the  custody 
of  the  magazine  has  been  notoriously  these  four  year 
past  in  the  hands  of  one  of  H.E.'s  domesticks,  William 
Webster,  Deputy  Publick  Secretary  etc.,  and  also 
H.E.'s  Secretary  and  Principall  agent,  on  whom  he  has 
moreover  bestowed  the  following  places,  Major  of  the 
Guards,  Master  in  Chancery,  Captain  and  Chief  Gunner 
of  the  Principall  fortifications,  Surveyor  General 
and  Captain  of  the  Magazine  Guarde  etc.  The  offices  of 
Storekeeper  and  publick  Secretary  are  incompatible 
to  be  held  by  the  same  person  etc.,  the  Secretary 
being  the  only  cheque  and  Comptroller  of  the  Store- 
keeper. In  case  of  warr  there  is  no  possibility  of 
purchasing  in  this  or  other  your  Majesty's  West  India 
Colonys  powder  sufficient  for  the  defence.  (iii)  The 
Governour  has  encouraged  and  countenanced  several 
of  the  Officers  of  the  Island,  and  particularly  the 
Deputy  Secretary  and  Deputy  Provost  Marshall  in 
taking  exorbitant  and  illegal  fees  to  the  great  opp- 
ressing and  impoverishing  of  the  inhabitants,  who  have 
hitherto  complained  thereof  in  vain.  These  grievances 
are  the  more  unsupportable  from  the  dismall  appre- 
hensions we  must  lye  under  in  case  of  a  warr,  the  forts 
and  other  fortifications  having  gone  to  ruin,  the 
breastworks  and  batterys  being  broken  down,  the 
great  guns  dismounted  and  without  carriages, 
warlike  stores  of  all  kinds  being  wholly  wanted,  and 
the  inhabitants  unable  to  bear  the  necessary  charge 
of  buying  powder  and  repairing  the  fortifications 
unless  timely  relieved  by  your  Majesty  etc.  Signed, 
Hen.  Peers,  Thos.  Maycock,  junr.,  Tho.  Spencer, 
Rt.  Yeamans,W.  Gibbons,  James  Bruce,  Gel.  McMahon, 
Saml.  Maynard,  Jno.  Cobham,  Edward  Brace,  Jno. 
Bignall,  John  Walcott,  J.  Fercharson.  1  large  folded  p. 
[C.O.  28,  19.  ff.  97-98u.,  101,  lOlu. ;  and  (duplicate  of 
enclosure)  28,  39.  No.  42.] 

Jan.  4.          7.     Council  of  Trade  and  Plantations  to  the  Lords  Com- 

wiiitehaii.     missioners  of  the  Treasury.     By  our  letters  of  22nd  Feb.  and 

31st  May  last  we  acquainted  your  Lordships  that  one  of  the 


10 


COLONIAL   PAPERS. 


1728. 


Jan.  9. 

New  York 
in  America. 


Jan.  9. 

Whitehall. 


Jan.  9. 

Whitehall. 


Jan.  9. 

Whitehall. 


Jan.  9. 


Jan.  9. 

Marlboro' 
Street. 


Jan.  10. 

St.  James's. 


partition  walls  of  our  Office  was  in  a  very  ruinous  condition. 
This  wall  is  now  grown  so  much  worse,  and  the  cracks  so  much 
wider,  that  we  think  it  is  in  immediate  danger  of  falling  etc. 
Request  that  it  may  be  rebuilt.  [C.O.  389,  37.  pp.  284,  285.] 

8.  Mr.  Bradley  to  the  Duke  of  Newcastle.     Asks    to    be 
appointed  to  vacancy  in  the  Council  of  New  York  caused  by  the 
death   of  Mr.   Barbaric.     Signed,   Richd.   Bradley.     Endorsed, 
R.  28th  Feb.     I  p.     [C.O.  5,  1092.     No.  65.] 

9.  Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion  in 
point  of  law,  Excise  Act,  of  the  Massachusetts  Bay,  1726,  and 
a  printed  collection  of  16  Acts  of  the  same,  1727.     [C.O.  5,  916. 
pp.  55-58.] 

10.  Same  to  Same.     Encloses,  for  his  opinion  in  point  of 
law,  Act  of  Nevis,  1727,  for  raising  a  poll-tax  on  negroes  and  other 
slaves  etc.     [C.O.  153,  14.     pp.  275,  276.] 

11.  Council  of   Trade    and    Plantations    to   the    Duke    of 
Newcastle.      Enclose  following  to    be    laid    before  the  King. 
Annexed, 

11.  i.  Same  to  the  King.     Submit  following. 

11.  ii.  Draught  of  Commission  for  Thomas  Earl  of  London- 

derry to  be  Governor  of  the  Leeward  Islands,  and 
revoking  that  of  John  Hart.  [C.O.  153,  14.  pp. 
275-306.] 

12.  Mr.   Fane  to  the   Council   of  Trade  and   Plantations. 
Report   upon  Act  of  St.  Kitts  against  covenous  and  fraudulent 
conveyances  and  for  a  publick  Registry.     Considers  it  "  a  wise 
and  prudent  law  calculated  for  the  general  benefit  of  the  Island  " 
etc.,  but  agrees  with  Mr.  Smith's  objections  as  to  the  damage 
it  would  inflict  upon  the  Secretary's  office  (v.  6th  Oct.,  1727.) 
Proposes  therefore  that,  since  this  law  is  of  such  consequence 
to  the  property  of  the  island,  that  the  Legislature  there  be 
recommended  to  compensate  him  for  the  loss  he  would  sustain 
by  it  etc.     Signed,  Fran.  Fane.      Endorsed,  Reed  9th,  Read  10th 
Jan.,  172£.     2%  pp.     [C.O.  152,  16.    ^.120-121.] 

13.  Col.  Hart,  late  Govr.,  to  Mr.  Popple.    Proposes  to  attend 
the  Board  when  the  Register  Act  of  St.  Kitts    is    considered. 
Signed,  Jo.  Hart.     Endorsed,  Reed.  9th,  Read  10th  Jan.,  172  f. 
1  p.     [C.O.  152,  16.    ff.  122, 


14.     Copy  of  Commission  of  Governor  the  Earl  of  London- 
derry.    [C.O.  5,  194.    ff.  5-27.] 


AMERICA   AND   WEST   INDIES. 


11 


1728. 

Jan.  10.         1 5.     Order  of  King  in  Council.     Approving  draft  of  Com- 
st.  James's,  mission    for    Governor    the    Earl    of    Londonderry.     Signed, 
Robert  Hales.     Endorsed,  Reed.  29th,  Read  30th  April,  1728. 
1  p.     [C.O.  152,  16.    ff.  336,  337 v.] 

Jan.  10.         16.     Order  of  King  in  Council.     Approving  draft  of  Com- 
st.  James's,  mission    for    Governor    the    Earl    of    Londonderry.     Signed, 
Robert  Hales.     1%  pp.     [C.O.  5,  194.    #1,11;.] 


Jan.  11. 


Jan.  11. 


Jan.  11. 

Mincing 
Lane. 


Jan.  13. 

Barbados. 


1 7.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations.     Has 
no  objection  to  Act  of  St.  Kitts  submitted  14th  Sept.,  1727, 
to  subject  all  produce  etc.  of  the  late  French  part  exported,  to  the 
4|  p.c.  duties  etc.     Signed,  Fran.  Fane.     Endorsed,  Reed.  17th 
.Jan.,    172$,    Read    5th    June,    1729.      1   p.     [C.O.    152,    17. 
ff.  67,  680.] 

18.  Mr.  Dunbar  to  the  Council  of  Trade  and  Plantations. 
Observations  upon  the  office  of  Surveyor  of  H.M.  Woods  in 
America  and  the  survey  and  intended  partition  and  settlement 
of  Nova  Scotia.     Abstract.     He  needs  deputies  and  a  guard 
against  hostile  Indians.     To  obviate  disagreements  with  the 
Surveyor  of  lands,  proposes  that  the  two  offices  be  combined 
in  one  person.     As  fellers  of  trees  are  scarce  and  their  wages 
excessive,  some   supernumerary   carpenters  should  be  sent  out 
from  the  King's  yards  and  saw-mills  erected  etc.     Signed,  David 
Dunbar.     Endorsed,  Reed.,  Read  23rd  Jan.,  172|.     Holograph. 
2  pp.     [C.O.  323,  8.     No.  82.] 

19.  Mr.   Humphrey  Morice  to  the  Council  of  Trade  and 
Plantations.     Testifies    to    the    integrity    of   Mr.    Willett    etc. 
(v.    Oct.    22,    1727)     Signed,   Hum.    Morice.     Endorsed,    Reed, 
llth,  Read  26th  Jan.,  172|.     1  p.     [C.O.  152,  16.    ff.  124, 125i;.] 

20.  Governor  Worsley  to  the  Duke  of  Newcastle.     Refers  to 
letter  of  21st  Nov.  last.     Continues  :    On  7th  Dec.  I  prorogued 
the  Assembly  to  20th  Feb.,  during  these  prorogations  the  people 
have  been  more  quiet  than  of  late,  saving  the  choice  of  a  Vestry 
for  the  parish  of  St.  Michael,  where  there  was  a  very  great 
struggle  in  order  to  fling  out  Judge  Pilgrim,  a  gentleman  of 
great   honour,    and   probity,    and   entirely   attached   to   H.M. 
person  and  government.     This  gentleman  was  a  Member  of 
the  last  Assembly  when  they  first  attempted  to  bring  in  the 
self-denying  bill,  which  he  very  vigorously  opposed,   and   pre- 
vented the  passing  it  in  that  Assembly,  for  which  reason  the 
factious  party  were  resolved  to  hinder  him  from  being  chosen 
a  Member  of  the  present  Assembly,  and  in  order  thereto,  sat 
up  Collo.  Peers,  son  in  law  to  the  late  President  Cox,  and  one 
of  the  richest  men  in  the  Island,  to  oppose  him  ;    As  Judge 
Pilgrim  has  always  given  such  publick    demonstrations  of  his 


12 


COLONIAL   PAPERS. 


1728. 


Jan.  13. 

Barbados. 


Jan.  18. 

Whitehall. 


Jan.  18. 

Whitehall. 


Jan.  20. 

St. 
Christophers. 


great  zeal  for  H.M.  service,  I  should  think  myself  deficient  in 
my  duty  if  I  did  not  particularly  recommend  him  as  a  person 
every  way  qualified  to  be  a  Member  of  H.M.  Council  here  etc. 
Signed,  Henry  Worsley.  Endorsed,  Rd.  March  8th.  3  pp. 
[C.O.  28,  44.  No.  118.]  , 

21  .  Same  to  the  Council  of  Trade  and  Plantations. 
Duplicate  of  preceding.  Signed,  Henry  Worsley.  Endorsed 
Reed.,  Read  8th  March,  172|.  2  pp.  [C.O.  28,  19.  ff.  172, 
.,  178r>.] 


22.  Order  of  Committee  of  Privy  Council.     Referring  to 
Attorney  and  Solicitor  General  for  their  opinion  the  Act  of 
Antigua  for  constituting  a  court  to  hold  pica  of  foreign  attachments 
etc.   and   the   representation   thereupon    (v.    14th   Dec.    1727). 
Signed,  Robert  Hales.     Endorsed,  Reed.  29th,  Read  30th  April, 
1728.     1  p.     [C.O.  152,  16.    ff.  330,  331*;.] 

23.  Order  of  Committee  of  Privy  Council.     Referring  to 
Attorney  and  Solicitor  General  Act  of  Antigua  for  securing  title 
of  George  Thomas  etc.,  with  representation  thereupon,     (v.  17th 
Nov.,  1727).  for  their  opinion.     Signed  and  endorsed  as  preceding. 
1  p.     [C.O.  152,  16.    ff.  334,  885u.] 

24.  Lt.  General  Mathew  to  the  Council  of  Trade  and  Plan- 
tations.    Is  sending  to  Mr.  Beak  three  Acts  of  St.  Kitts,  which 
he  hopes  will  obtain  their  approbation  etc.     (i)  For  regulating 
vestries  and  erecting  into  parishes  those  parts  of  this  Island  formerly 
belonging  to  the  French,  and  for  annexing  other  parts  of  the  said 
French  lands  to  the  parishes  etc.,  and  for  repealing  former  Acts 
for  regulating  other  vestries  and  for  ascertaining  the  bounds  of 
every  respective  parish,     (ii)  To  enable  the  several  parts  of  this 
island  formerly  belonging  to  the  French  to  choose  and  send  repre- 
sentatives to  serve  in  the  Assembly,  to  declare  and  ascertain  the 
number  of  representatives  for  the  whole  island,  what  number  each 
parish  shall  elect,  and  the  several  qualifications  of  the  electors  and 
candidates,  to    secure  the  freedom  of  elections,  and  repealing  an 
Act  of  1711  for  preserving  the  freedom  of  elections  etc.     (iii)  Re- 
pealing   an   Act    for   settling   £2000    upon    Governor  Hart   etc. 
Continues  :   The  first  became  necessary  not  only  for  the  reasons 
given  in  the  preamble,  but  for  laying  a  foundation  whereon 
to  build  the  second,  than  which  nothing  was  more  wanted  to 
settle  and  quiet  the  propertys  of  the  inhabitants  of  this  island, 
which  have  been  terribly  bandyd  about,  and  precarious  even 
to  pity,  from  the  small  number  of  the  Representatives  in  former 
Assemblys.     Twelve  was  the  former  number,  of  these  seven 
were  a  House,  and  of  these  four  were  a  majority  and  four  by 
bad  experience  have  been  found  for  some  years  past  to  govern 
the  whole,     The  supineness  of  some,  depending  circumstances 


AMERICA   AND   WEST   INDIES.  13 

1728. 

of  others,  under  daily  threats  of  persecution  in  courts  of  law, 
where  partiality,  tyranny  and  injustice  with  strange  methods  of 
oppression  were  dayly  us'd,  these  helped  to  give  the  four  that 
power  they  vexatiously  us'd  to  suck  out  the  very  hearts  blood 
of  the  poor  inhabitants  of  this  island.  But  now,  my  Lords, 
those  days  we  hope  are  over,  and  your  Lordships  recommending 
these  two  laws  to  be  presented  to  H.M.  for  his  assent,  will  be 
blessing  this  island  with  freedom  and  safety  to  their  propertys. 
I  shall  not  urge  examples  to  convince  your  Lordships  of  the 
truth  of  my  observations,  as  they  are  now  provided  against 
for  the  future,  unless  your  Lordships  order  me  so  to  do,  nor 
mention  the  sturdy  struggles  I  have  had  to  get  these  provisions 
made  for  the  public  good,  the  oppositions  almost  equal  to 
insults  I  met  with,  from  those  whose  tyranny  was  thus  to  be 
overcome,  or  who  abated  and  favour'd  thro'  fear  or  dependance 
these  cruel  men,  and  I  am  sorry  to  say  that  at  the  very  Council 
Board  they  were  able  to  influence  the  debates  there.  What 
happn'd  in  the  Assembly  I  am  no  other  wise  inform'd  of,  than 
by  the  Minutes,  and  which  that  House  have  desir'd  me  by  an 
Address  (which  I  enclose)  to  lay  before  your  Lordships,  and  for 
that  purpose  I  transmitt  them  to  Mr.  Beake.  When  your 
Lordships  examine  these  two  laws,  and  find  them  free  from  the 
least  private  view,  but  wholly  providing  for  a  publick  good,  you 
would  be  at  a  loss,  whence  any  opposition  to  them  could  have 
arisen,  had  I  not  thus  candidly  and  impartially  laid  the  truth 
before  you.  I  was,  I  own,  resolved  to  carry  them  if  possible, 
and  I  have  been  detain'd,  hitherto  on  this  island,  chiefly  to 
compass  them.  I  recommended  the  second  to  this  Island 
twelve  years  ago,  but  could  never  till  now  obtain  it :  As  a 
Commissioner  for  H.M.  sale  of  lands  I  joind  with  the  other 
Commissioners  in  informing  their  Lordships  of  the  Treary. 
how  much  it  concernd  H.M.  service,  that  those  we  sold  to, 
should  be  equally  concernd,  with  the  rest  of  the  island  in  the 
Legislature,  and  their  Lordships  were  pleased  to  signify  to  us 
by  Mr.  Scrope,  4th  Nov.,  1726,  that  we  should  prepare  and 
procure  the  passing  such  laws,  etc.  And,  my  Lords,  that  no 
one  symptom  might  be  to  encourage  jealousy s,  or  countenance 
the  many  strange  reports  put  about  of  private  views  of  my  own, 
and  intentions  of  advantage  to  myself,  as  soon  as  these  three 
laws  were  passed,  I  dissolv'd  the  present  Assembly,  and  am 
issuing  writts  to  call  a  new  one,  that  a  law  I  have  had  so  much 
at  heart  for  the  islands  good,  the  island  may  have  an  immediate 
advantage  of.  The  third  law  is  occasiond  from  Governour 
Hart's  verbal  resignation  as  mentiond  in  the  preamble.  It 
met  with  but  one  objection,  and  that  was  in  Council,  were  it 
was  suppos'd  he  might  possibly  return  as  Governour,  but  that 
was  dropp'd  on  a  recollection  that  H.E.  himself  had  declard 
at  that  Board,  just  afore  his  departure,  that  the  summe  was 
exorbitant,  and  a  burthen  the  Island  was  not  able  to  bear.  I 


14  COLONIAL   PAPERS. 

1728. 

pray  leave  to  make  a  further  remark  on  H.M.  Commission  to 
His  Chief  Governour  here,  and  which  I  omitted  1st  Dec.  The 
provision  in  case  of  the  Captain  General  and  Lt.  General's 
death  or  absence  is  that  the  chief  Government  should  devolve 
to  the  Lt.  Governour  of  Nevis,  or  at  his  death  to  the  eldest 
Councellor  and  Council  of  that  Island.  I  humbly  submitt 
to  your  Lordships  whether  that  provision  was  not  first  made 
when  Nevis  was  the  first  seat  of  trade  in  these  parts,  from  St. 
Christophers  being  often  ruind  by  French  invasions,  in  peace 
but  half  of  it  belonging  to  the  Crown  of  Great  Brittain,  Antego 
hardly  settled  or  cleard  out  of  woods,  and  Montserat  (at  best) 
inferior  to  it.  But  now  and  for  years  past  the  chief  trade  of 
the  Leeward  Islands  is  at  Antego,  next  and  very  near  to  it  at 
St.  Christophers,  Nevis  has  quite  losst  it's  trade,  and  is  a  desert 
island  to  what  it  was  thirty  years  ago.  If  the  reason  that  gave 
the  preference  to  Nevis  were  still  to  prevail,  the  Lt.  Governour 
of  Antego,  would  command  next  to  the  Lt.  General,  and  next 
to  the  Lt.  Governour  of  Antego  the  Lt.  Governour  of  St. 
Christophers.  But,  my  Lords,  as  matters  now  are,  Mr.  Sybourg 
will  hardly  come  to  Nevis  and  here  is  now  stated  a  case.  In 
case  of  my  death  the  first  Counsellor  of  Nevis,  assisted  by  the 
Council  there  will  command  the  Lt.  Governours  of  Antego  and 
Montserat,  does  not  H.M.  place  his  Lt.  Governours  at  the  head 
of  His  Councils,  must  two,  it  may  be  three  of  them,  be  under 
the  command  of  a  Gentlemen  without  Commission,  only  a 
nomination  to  a  seat  at  ye  Council  Board  ?  At  a  General 
Council  and  Assembly  that  Gentleman  would  have  place  at  the 
Council  Board  but  from  the  date  of  his  mandamus,  and  might 
still  sitt  below  older  Councellors  of  another  island,  whose  very 
Lt.  Govr.  as  the  Commission  now  is,  he  might  happen  the  next 
day  to  command.  I  submitt  it  to  your  Lordships  whether  it 
would  not  be  more  reasonable  that  in  case  of  the  Chief 
Governour's  or  Lt.  General's  death  or  absence  the  eldest  Lt. 
Governour  remaining,  should  command  in  chief,  if  the  preference 
to  Antego  and  next  to  St.  Christophers  be  disapprovd,  least  it 
happen  that  a  younger  Lt.  Governour  may  become  commander 
of  an  elder.  In  the  Islands  Anguilla,  Spanish  Town  and  Tortola 
there  are  many  good  subjects,  some  not  quite  so  good.  At 
the  ceremony  of  proclaiming  H.M.  there  was  some  misbehaviour 
at  Anguilla,  I  did  not  care  to  mention  to  your  Lordships  at 
that  time,  but  now  I  do  to  recommend  partly  what  I  humbly 
offer  to  your  Lordships  as  to  those  islands.  Governour  Hart 
chose  Col.  Phipps,  who  is  first  of  the  Council  of  this  Island,  a 
Gentlemen  of  great  good  nature,  integrity  and  worth  and  gave 
him,  as  he  was  most  acceptable  to  the  people  there,  and  best 
known  among  them,  a  Commission  as  Governour  of  these  and 
all  the  Virgin  Islands,  and  he  out  of  honour  to  it,  usd  to  go 
once  or  twice  a  year  at  his  own  expense  among  them,  (for  'tis 
not  worth  half  a  crown  a  year)  and  by  his  presence  and  caracter, 


AMERICA   AND    WEST   INDIES.  15 

1728. 

he  usd  to  bring  matters  into  some  temper.  There's  indeed  a 
particular  Lt.  Governour  to  each  of  them,  but  if  his  cudgell 
happen  to  be  a  whit  less  than  a  sturdy  subject's,  Good  night 
Governour.  Some  how  Col.  Phipps  displeased  General  Hart, 
and  he  was  removd  and  his  place  supplyed  by  one  Woodrope 
of  this  Island.  His  caracter  is  well  known  by  every  one  that 
ever  was  this  way,  and  I  shall  not  trouble  your  Lordships  with 
it,  otherwise  than  to  tell  your  Lordships,  that  to  free  those 
people  from  a  Bassa,  I  restord  Col.  Phipps.  In  these  islands 
there  are  continual  contentions  about  their  meum  and  tuum, 
poor  as  tis,  I  would  therefore  offer  that  some  sort  of  a  judicature 
be  settled  among  them,  at  present  the  strongest  has  the  best 
title.  And  this  must  be  some  sort  of  a  Court,  where  every 
man  may  be  heard  to  tell  his  own  story.  The  Gentlemen  of 
the  Barr  will  not  attend,  they  cannot  pay  them,  a  retaining  fee  at 
the  standard  of  three  or  four  years  last  past,  would  empty  the 
pockets  of  a  whole  Island.  Jurys  too  will  be  hardly  found 
among  such  small  numbers.  The  amount  on  the  most  populous 
of  these  Islands  hardly  reaches  200  familys.  They  deserve 
however  some  remedy  against  wrongs.  Your  Lordships  wisdom 
can  best  say  how.  In  criminal  cases  Justice  and  a  method  of 
it  is  as  much  wanted.  Innocent  blood  is  sometime  shedd,  and 
no  atonement  made.  Such  a  misfortune  hapnd  some  time  ago, 
the  criminal  brought  to  St.  Christophers,  tryd  and  condemnd, 
broke  gaol,  is  now  at  noonday  amongst  these  Islands,  and  no 
remedy,  for  after  all,  Governour  Hart  was  advis'd  from  home, 
his  tryal  at  St.  Christophers  was  illegal.  I  pray  your  Lordships 
a  farther  indulgence  etc.  Upon  the  death  or  absence  of  a  Captain 
General,  no  provision  is  made  to  keep  his  Commission  as  Vice- 
Admiral  in  force  here,  in  the  person  on  whom  the  Chief  Govern- 
ment devolves.  How  necessary  it  be  it  should  be  otherwise, 
your  Lordships  best  know.  The  Commission  of  Capt.  General 
provides,  that  does  not.  This  hapned  to  be  in  point  t'other 
day.  Mr.  Smith,  Secretary  of  these  Islands,  sends  me  your 
Lordships  report  on  his  case,  and  His  Grace  of  Newcastle's  order 
to  strengthen  it.  And  thereon  requird  me  to  recall  a  Commission 
given  by  Governour  Hart  at  Antego  to  a  Register  of  the 
Admiralty,  intimating  at  the  same  time  Mr.  Hart's  disobedience 
in  not  doing  it  before  ;  by  way  of  advice,  and  what  must  follow 
etc.  But  here  Mr.  Smith  and  I  differd  a  little  in  our  construction 
of  our  mother  tongue.  He  understands  your  Lops,  are  of 
opinion  evry  one  commission'd  for  any  branch  he  claims,  he  is 
immediately  to  be  turnd  out  and  he  let  in,  and  then  the  persons 
may  get  him  out  again  by  law,  if  they  can,  but  I  humbly  con- 
ceive your  Lordships  did  not  mean  such  a  remedy  at  law  for 
person  who  could  claim  none  after  his  Commission  was  recalld, 
but  that  your  Lordships  intended  Mr  Smith  should  continue 
possessd  of  evry  branch  he  held  at  any  time  by  his  patent,  or 
any  Commission  from  Governor  Hart  and  for  the  rest  that  your 


16  COLONIAL  PAPERS. 

1728. 

Lordships  referrd  him  to  his  remedy  at  law  on  the  validity  of 
his  patent,  against  any  one  that  usurpd  any  his  right.  I 
mentiond  this  to  him,  but  to  no  purpose.  Mr.  Smith  and  I 
are  on  terms  of  friendship,  but  he  was  growing  angry,  when  this 
discovery,  that  I  was  not  Vice- Admiral,  came  to  my  releif,  but 
least  he  should  begin  any  contention  with  me  before  your 
Lordships,  I  have  prayd  leave  to  say  so  much  of  the  matter. 
I  am  this  day  honourd  with  your  Lordships  commands  of  the 
31st  Aug.,  1727,  requiring  I  should  give  directions  to  the  proper 
officers,  that  all  Acts  and  Minutes  both  of  Council  and  Assembly 
should  be  fairly  abstracted  in  the  margins.  In  my  own  justifi- 
cation I  could  enclose  a  copy  of  my  letters  to  the  Secretary,  and 
so  long  since  as  September.  By  what  I  have  transmitted  to 
your  Lordships,  you  will  see  what  that  availd.  I  assure  your 
Lordships  I  have  sent  all  I  have  receivd.  The  Clerk  of  the 
Assembly  of  this  Island  alone  complyd  in  this  article.  The 
Act  I  sent  was  abstracted  by  my  own  Clerk,  as  are  the  three  I 
send  now.  He  should  have  abstracted  all  the  other  papers  I 
sent,  had  I  known  your  Lordships  would  absolutely  require  it. 
But,  my  Lords,  if  the  proper  Officer  does  it,  he  is  paid  for  it. 
My  Clerk  has  little  more  than  the  wages  I  pay  him.  I  shall 
signify  to  the  proper  officers  your  Lordships'  orders,  with  all 
speed.  Refers  to  enclosures  and  papers  sent  to  Mr.  Meure. 
P.S. — 22nd  Jan.  This  day  H.M.S.  Lark  anchord  at  Basseterre 
with  H.E.  Governor  Hunter  on  board.  He  did  me  the  honour 
of  dining  with  me  on  shore,  immediately  after  Admiral  Hopton 
in  H.M.  ship  Lyon  anchord  in  the  same  road,  and  accepted  my 
invitation  to  come  ashore.  They  were  receivd  with  the  best 
compliments  I  could  make  them,  embarked  again  in  the  evening, 
and  are  say  Id  for  Jamaica.  Signed,  William  Mat  hew.  Endorsed, 
Reed.  23rd  March,  Read  5th  April,  1728.  10  pp.  Enclosed, 
24.  i.  Address  of  Lt.  Governor,  Council,  Assembly  and 
inhabitants  of  St.  Christophers  to  the  King.  Loyal 
Address  upon  his  succession.  89  signatures.  Endorsed, 
Reed,  (from  Mr.  Meure)  26th  March,  Read  5th  April, 
1728.  1  large  p. 

24.  ii.  Address  of  Assembly  of  St.  Christophers  to  Lt.  General 
Mathew.  19th  Dec.,  1727.  The  Assembly  have 
nothing  in  view  but  the  honour  of  His  most  sacred 
Majestic,  the  security  of  the  island,  and  the  preserva- 
tion and  establishment  of  the  just  rights  and  priviledges 
which  his  Majestic  and  His  royal  predecessors  have 
graciously  been  pleas'd  to  allow  to  all  His  British 
subjects  etc.  Yet  there  have  been  persons,  and  even 
within  our  doors,  who  (acting  upon  private  and  sinister 
designes)  from  the  very  first  sitting  of  this  House, 
have,  as  much  as  in  them  lay  obstructed  all  our  pro- 
ceedings for  the  publick  wellfare  and  attempted  to 
prevent  or  imbarrass  the  passing,  even  of  those  laws 


AMERICA  AND   WEST  INDIES.  17 

1728. 

your  Honour  was  pleased  to  recommend,  and  which 
they  themselves  are  ashamd  to  avow  a  dislike  of.  To 
this  end  they,  by  a  behaviour  and  indecency  of  ex- 
pression very  unbecoming  the  Representatives  of 
a  country,  endeavoured  to  intimidate  the  Members 
and  introduce  confusion  in  our  debates,  but  finding 
they  could  not  thus  divert  the  House  from  their 
attention  to  the  publick  good,  they  then  withdrew 
themselves  from  their  attendance  in  it,  tho'  all  or 
most  of  them  allways  appear'd  in  defiance  of  it,  at 
the  place  of  Sessions,  on  every  meeting  etc.  We  have 
just  apprehensions  that  those  restless  persons  etc. 
will  misrepresent  our  proceedings  to  H.M.  We 
therefore  send  your  Honour  a  transcript  of  our  Journals 
to  be  layd  before  H.M.  and  the  Lords  Commissioners 
for  Trade  for  our  justification  etc.  Signed,  Matthew 
Mills,  Speaker.  Endorsed  as  preceding.  1  p. 

24.  iii.  Address  of  Same  to  Same.  19th  Dec.,  1727.  Offer 
tribute  of  thanks  and  affection  for  the  "  happyness 
and  security  we  owe  to  your  Honour's  administration." 
Instance  building  of  gaol  and  repair  of  forts,  and 
erection  of  fortifications  on  Brimstone  Hill,  carried 
out  by  him  with  the  greatest  frugality  and  accurate 
accounts,  of  which  every  single  article  was  proved  to 
be  paid  for  the  publick  use.  "  Under  your  adminis- 
tration, we  first  saw  our  publick  credit  rise.  To  put 
it  upon  an  equal  foot  with  that  of  private  persons, 
was  once  thought  impracticable  etc.,  yet  you  rais'd 
it  even  higher  etc.,  and  it  is  [due]  to  you  alone  the  publick 
publick  is  out  of  debt  etc.  Express  gratitude  for  the 
laws  which  he  proposed  and  has  passed  etc.  Signed 
and  endorsed  as  preceding.  If  pp. 

24.  iv.  Journal  of  Assembly  of  St.  Christophers,  5th  Dec., 
1727.  The  Committee  of  Accounts  reported  that  Lt. 
General  Mathew's  accounts  for  fortifications  were 
just,  reasonable  and  exact.  12th  Dec.  Accounts 
passed.  Same  endorsement.  Copy.  3|  pp. 

24.  v.  Opinion  of  Mr.  Warner,  Attorney  General,  upon  Mr. 
Smith's  demand  that  Lt.  General  Mathew  should 
revoke  Henry  Warner's  Commission  for  Register  of 
the  Admiralty  in  Antego  (v.  covering  letter).  Same 
endorsement.  Copy.  2|  pp. 

24.  vi.  Lt.-General  Mathew's  Instructions  to  the  Clerks  and 
Treasurers  of  the  Leeward  Islands  to  abstract  minutes 
in  the  margins  etc.  Sept.  18,  1727.  (v.  covering  letter). 
Same  endorsement.  Copy.  1|  pp. 

24.  vii.  Christenings  and  Burials  in  St.  Christophers,  Michael- 
mas 1726-1727  (by  parishes).  Totals  : — Christenings, 
155  ;  Burials,  94.  Same  endorsement.  6  pp. 

C.P.  xxxvi— 2 


18  COLONIAL   PAPERS. 

1728. 

[C.O.  152,  16.  ff.  231,  232,  233,  234,  235,  236,  237, 
238,  239,  240-242,  243-244t;.,  245i;.-250t;.,  25lv,  252, 
253,  254,  255,  256,  257,  2570.] 

Jan.  22.         25.     Anon  to  [?  ]  Revd.  Sir,  We  wrote  awhile  agoe 

Boston.  tne  Duke  of  Newcastle  as  also  Sir  Rot.  Walpole  the  very  de- 
plorable state  of  New  England,  but  fear  both  our  letters  are 
miscarry'd  etc.  We  H.M.  subjects  who  went  from  Ireland  to 
New  England  in  the  late  insurrection  of  the  Indians  suffer'd 
the  loss  of  all  we  had,  excepting  our  lives  (preserv'd  by  your 
garrison)  were  willing  and  desirous  to  return  to  our  plantations 
and  with  many  others  lately  arriv'd  since  petition'd  the  Genl. 
Assembly  here  for  unappropriated  lands  in  the  Eastward  near 
your  Garrison.  By  our  great  numbers  unanimity  and 
contiguous  building  we  should  have  been  able  to  defend  our- 
selves agt.  the  Indians  and  been  a  strong  frontier  to  all  the 
Eastern  parts,  but  the  Genl.  Assembly  who  love  none,  yea  hate 
all  but  those  of  their  own  country  and  profession  rejected  the 
petition  p.  66,  par.  1  of  the  votes  whereby  we,  who  before  the 
late  war  spent  all  we  had  and  made  H.M.  land  capable  of 
producing  flax  hemp  and  other  naval  stores,  are  cut  off  from 
all  hope  of  returning  to  our  former  possessions.  Since  that 
they  have  made  an  act  that  no  settlements  shall  be  made  to 
the  eastward  of  North  Yarmouth,  and  have  withdrawn  all 
the  soldiers  from  the  eastern  parts  whereby  not  only  your 
garrison  is  left  intirely  to  the  mercy  of  the  Indians  page  50 
(unless  H.M.  King  George  grant  you  a  few  souldiers  to  defend 
it)  but  many  familys  forced  to  leave  their  lands  and  dwellings 
with  H.M.  cultivated  land  to  the  Indians.  We  have  sent  you 
the  Minutes  to  prove  these  things  and  particularly  Mr.  Menzies 
being  expell'd  the  House  for  his  fidelity  vide  asterisms.*  Your 
son  is  turned  out  of  his  place  under  the  pretext  of  exacting 
upon  the  Indians  in  commerce  with  'em  but  they  peaceably 
suffer  their  own  countrymen  to  trade  as  they  will.  We  all  know 
'twas  impossible  for  him  to  stand  agt.  the  New  England 
antipathy  which  is  very  great  agt.  all  presbyterians  and  Church 
people.  Your  daughter's  character  has  been  industriously 
struck  at  by  the  people  here  of  New  England,  they  say  she  was 
the  Duke's  whore,  who  for  that  reason  recommended  her  brother 
to  our  Lieut.  Govr.  We  humbly  beg  you'l  lay  all  these  things 
before  his  Grace  with  your  own  hand,  and  the  affair  of  our  Lieut. 
Govr.,  and  the  Captn.  of  the  man  of  war,  and  we  obtest  and 
charge  you  that  you  answer  such  questions  as  his  Grace  shall 
put  to  you.  We  appeal  to  you  or  Mr.  Hamilton  for  the  truth 
of  these  things  and  desire  you  to  send  us  an  answer  directed  to 
the  Revd.  Mr.  James  McGregore  at  Nutfield  to  be  communicated 
for  we  must  not  write  our  names  lest  our  popular  Lieut.  Govr. 
cause  us  to  be  excommunicated  as  Mr.  McGregore  has  been 
allready,  only  for  ordaining  a  presbyterian  Minr.  in  conjunction 


AMERICA   AND   WEST   INDIES.  19 

1728. 

with  his  brethren  etc.  P.S.  If  the  King  don't  take  this  country 
and  South  Carolina  also  under  his  more  immediate  Government 
we  utterly  dispair  of  seeing  this  or  that  a  thriving  Colony. 
Signed,  J.  S.,  A.D.,  J.M.,  A.F.,  S.N.,  Q.D.,  wt.  300  more,  f  p. 
[C.O.  5,  898.  No.  43.] 

[Jan.  23.]  26.  Petition  of  the  Duke  of  Montagu  to  the  King. 
Petitioner's  intended  settlement  of  Sta.  Lucia  having  been 
disappointed  by  the  French  etc.,  prays  for  a  grant  of  Tobago, 
in  lieu  of  that  of  Sta.  Lucia  and  St.  Vincent,  which  petitioner 
offers  to  resign,  (i)  The  settling  of  Tobago  will  very  much 
augment  the  revenue  of  the  Crown  by  the  importation  of  the 
product  of  the  said  Island  to  Great  Britain,  and  as  the  duties 
paid  on  the  importation  of  the  sugar  product  of  Barbados  only 
amounts  to  upwards  of  £25,000  a  year  of  which  £10,000  belongs 
to  the  Crown  as  part  of  the  Civil  List  revenue,  it  is  more  than 
probable  that  in  less  than  seven  years  time  the  duties  on  the 
importation  of  Tobago  would  be  as  much  if  not  more  by  reason 
the  produce  of  that  Island  would  be  very  great,  from  its  being 
new  land  without  the  Crown  or  Nation's  being  at  the  least 
expence.  (ii)  The  settling  of  the  said  Island  will  encrease  the 
exportation  of  the  product  and  manufactures  of  Great  Britain 
for  the  support  of  its  inhabitants,  and  of  consequence  the  number 
of  ships  and  seamen  of  the  Kingdom  etc.  (iii)  So  much  more 
product  will  be  imported  to  Great  Britain,  and  consequently 
there  will  be  so  much  more  to  be  re-exported  to  foreign  countries, 
which  will  also  very  much  encrease  the  trade  navigation  and 
profit  of  the  Kingdom,  (iv)  The  settling  of  the  said  Island  will 
be  a  great  addition  of  strength  to  the  British  sugar  plantations 
and  a  great  security  against  the  growing  power  of  the  French 
Colonies,  every  ship  going  from  France  to  the  French  Islands 
being  obliged  to  carry  thither  a  certain  number  of  families,  by 
which  the  strength  of  their  islands  daily  encrease,  and  they  are 
now  so  powerfull  as  to  be  able  whenever  they  think  proper  to 
endanger  the  loss  of  the  British  Sugar  Plantations  which  are 
so  considerable  a  branch  of  the  Revenue  to  the  Crown  and  trade 
of  the  Nation,  unless  guarded  against  in  time  by  the  additional 
strength  of  new  settlements,  (v)  The  settling  of  Tobago  will 
be  very  advantageous  in  time  of  war  from  the  situation  of  the 
Island  which  is  such,  that  every  ship  going  from  Europe  or 
Affrica  to  Portobello,  La  Vera  Cruz,  Havana,  Carthagena, 
Portorico,  Hispaniola,  Cuba,  or  any  other  part  of  the  New 
Spain  must  of  necessity  sail  in  sight  of  or  near  this  Island, 
(vi)  If  not  settled  by  the  English  it  will  some  time  or  other  be 
settled  by  some  other  Nation  by  which  they  will  not  only  reap 
the  benefit  that  England  would  have  by  settling  this  Island 
but  their  strength  will  thereby  be  still  so  much  the  more  superior 
to  that  of  Great  Britain  in  that  part  of  the  world,  etc.  Signed, 
Montague.  Endorsed,  Reed.,  Read  31st  Jan.,  172|.  Subscribed, 


20  COLONIAL   PAPERS. 

1728. 

26.  i.  H.M.  is  graciously  pleased  to  referr  this  petition  to  the 
Council  of  Trade  and  Plantations  etc.  Signed,  Holies 
Newcastle.  The  whole,  5  pp.  [C.O.  28,  19.  ff. 
47-49,  50i>.] 

Jan.  24.         27.     Council  of  Trade  and  Plantations  to  the  Lords  Com- 
Whitehaii.    missioners  of  the  Treasury.    Request  payment  for  Office  expences 

and  Officers'  salaries  for  quarter  ending  Christmas  last.    Account 

annexed.     [C.O.  389,  27.     pp.  285-287.] 

Jan.  29.  28.  Protests  in  Council  by  Lt.  General  Mathew  against  the 
appointment  of  Chief  Justice  Greatheed  and  other  Justices, 
quam  diu  se  gesserint.  St.  Christophers,  March  6th,  1727,  with 
opinions  thereon.  Endorsed,  Reed.  29th  Jan.,  Read  5th  April, 
1728.  Copy.  61  pp. 

Protests  in  Council  by  Jos.  Estridge,  John  Willett  and  Charles 
Payne.  St.  Christophers,  13th  July,  1727,  against  the  removal 
of  Chief  Justice  Greatheed.  Same  endorsement.  Copy.  3%  pp. 

[Jan.  29.]  Opinion  upon  preceding  by  Ashton  Warner, 
Attorney  General,  July  24th,  1727.  Same  endorsement.  Copy. 
8  pp. 

[Jan.  29.]  Deposition  of  Thomas  Pilkington,  Merchant  of 
St.  Christophers,  22nd  July,  1727,  as  to  the  verdict  of  the  Jury 
of  which  he  was  foreman  against  James  Gordon.  Signed,  Tho. 
Pilkington.  1  p. 

[Jan.  29.]  Deposition  of  Richard  Haukshaw,  merchant  of 
St.  Christophers,  17th  July,  1727,  as  to  misbehaviour  by 
Edward  Johnson  as  Justice  of  the  Peace,  May,  1726.  Signed, 
Richd.  Haukshaw.  f  p. 

[Jan.  29.]  The  vindication  of  James  Gordon  in  reply  to  the 
reasons  given  by  Joseph  Estridge  and  John  Willett  against  his 
being  appointed  a  Judge  etc.  Signed,  James  Gordon.  3  pp. 

[Jan.  29.]  Answer  of  Lt.  Gen.  Mathew  to  the  dissent  of 
Estridge,  Willett  and  Payne  to  the  appointment  of  William 
Pym  Burt  to  be  a  Judge.  2  pp. 

[Jan.  29.]  Remonstrance  and  Information  to  Lt.  Gen. 
Mathew  against  Chief  Justice  Greatheed.  3  pp. 

[Jan.  29.]  Minutes  of  Council  of  St.  Christophers,  25th  Feb., 
1727  ff.,  relating  to  the  removal  of  Chief  Justice  Greatheed. 
21  pp. 

[Jan.  29.]  Deposition  of  Thomas  Pilkington.  St. 
Christophers,  20th  July,  1727,  as  to  Chief  Justice  Greatheed's 
partial  ruling  in  the  case  of  Thomas  Buttler  v.  James  Milliken, 
wherein  deponent  was  foreman  of  the  jury.  Signed,  Tho. 
Pilkington.  1  p. 

[Jan.  29.]  Deposition  of  James  Milliken.  Aug.  2,  1727. 
As  preceding.  Signed,  James  Milliken.  1  p. 

[Jan.  29.]  Deposition  of  Thos.  Bluett,  24th  Aug.,  1727. 
Chief  Justice  Greatheed  refused  to  allow  deponent,  as  attorney 


AMERICA  AND   WEST  INDIES.  21 

1728. 

in  case  of  Thomas  Butler  v.  John  Brownrigg,  carpenter,  for 
assault  and  battery,  to  pay  costs  and  amend  his  plea  according 
to  the  constant  practice  of  the  Court.  Signed,  Thos.  Bluett. 

1  p. 

[Jan.  29.]  Deposition  of  Thomas  Davis.  17th  Aug.,  1727. 
Describes  how  Butler  attacked  Brownrigg  (v.  preceding)  with 
sword  and  horsewhip,  before  Brownrigg  threw  stones  at  him 
in  self  defence  etc.  Signed,  Tho.  Davis,  f  p. 

[Jan.  29.]  Deposition  of  Edward  Mann.  18th  Aug.,  1727. 
In  Aug.  last  Dr.  Symon  Allen  desired  him  to  introduce  him  to 
the  Council  when  sitting  in  order  that  he  might  depose  that 
Chief  Justice  Greatheed  had  received  of  him  two  bills  as  a  bribe 
in  a  case  he  had  depending  before  him.  Dr.  Allen  afterwards 
became  distracted  and  died  so,  but  at  that  time  was  in  his  sound 
senses.  Signed,  Edwd.  Mann.  1  p. 

[Jan.  29.]  Deposition  of  Thomas  Bluett.  24th  Aug.,  1727. 
Practitioners  in  the  Court  of  King's  Bench  frequently  complained 
that  C.  J.  Greatheed  used  great  partiality  in  taxing  bills  of 
costs,  allowing  much  larger  bills  to  Mr.  Spooner  and  Mr.  Butler 
than  to  others  etc.  Signed,  Thos.  Bluett.  1  p. 

[Jan.  29.]  Deposition  of  Edward  Claxton.  25th  Aug., 
1727.  In  an  action  brought  by  deponent  against  Thomas 
Bisse  for  goods  delivered,  C.  J.  Greatheed  and  Edward  Johnson, 
a  Justice  Assistant,  assessed  damages  and  gave  judgment  for 
deponent  for  1600  Ib.  sugar,  and  £36  9s.  2|d.  current  money, 
on  the  evidence  of  his  books  only,  without  a  verdict  of  jury 
or  other  evidence,  Thomas  Butler  being  his  lawyer.  Signed, 
Edward.  Claxton.  f  p. 

[Jan.  29.]  Copy  of  clause  in  an  Act  of  Courts  of  St. 
Christophers,  25th  April,  1724,  enabling  Justices  to  determine 
actions  under  the  value  of  £10  etc.  frds  pp. 

[Jan.  29.]  Proceedings  in  the  Court  of  King's  Bench,  13th 
July,  1725,  in  the  case  of  Butler  v.  Brownrigg  (v.  supra).  Copy. 

2  pp. 

[Jan.  29.]  Writ  of  attachment  of  the  goods  of  John  Brown- 
rigg, now  absent  from  the  island,  as  security  for  his  answering 
Thomas  Butler,  Speaker  of  the  Assembly,  in  his  action  against 
him  (v .  supra)  2nd  June,  1725.  Signed,  John  Greatheed.  Copy. 
f  p.  Overpage,  List  of  goods  attached  accordingly.  Signed, 
Edmd,  Tannatt,  D.P.M.  |  p. 

[Jan.  29.]  Writ  of  possession  of  a  plantation  recovered  in 
judgment  in  the  case  of  Elizabeth  Crooke,  widow,  and  Clement 
Crooke,  infant,  John  Greatheed,  Peter  Thomas  etc.  v.  Stephen 
Duport.  Signed,  Peter  Thomas.  25th  May,  1724.  Possession 
given  accordingly.  Signed,  Edmd.  Tannatt,  D.P.M.,  Aug.  11, 
1724.  1  p. 

[Jan.  29.]  Proceedings  in  the  Court  of  King's  Bench  and 
Common  Pleas  in  the  case  of  Simon  Allen  and  Eleanor  his  wife  v. 


22  COLONIAL   PAPERS. 

1728. 

Benjamin  Estridge  in  a  plea  of  detinue  of  24  negroes  etc.  14th- 
23rd  May,  1724.  Judgment  of  recovery  for  plaintiffs  etc. 
Copy.  2  pp. 

[Jan.  29.]  Copy  of  writ  of  execution  in  above  case,  21st 
Feb.,  1724.  Signed,  John  Greatheed.  Copy.  1  p. 

[Jan.  29.]  Order  of  C.  J.  John  Greatheed  in  Court  of  King's 
Bench,  9th  March,  1727,  in  case  of  Prince  and  Bartholomew 
Lynch.  Copy.  |  p. 

[Jan.  29.]  Proceedings  of  above  Court  in  case  of  John  Denn 
v.  Robert  Roe,  a  plea  of  trespass  and  ejectment  for  two  planta- 
tions in  the  parish  of  St.  John  Capisterre,  Joseph  and  Benjamin 
Estridge,  lessors  etc.  llth  May-27th  Aug.,  1725.  Copy.  3pp. 

[Jan.  29.]  Copy  of  clause  in  Act  of  Courts,  25th  April,  1724, 
infringed  by  preceding.  1  p.  [C.O.  152,  16.  ff.  260-268, 
270,  272-274U.,  276-277,  278-279,  282,  284,  286,  288,  290,  292, 
294,  295,  297,  298,  299,  299u,  302-303,  304,  305,  306,  308,  309, 
310,  811.] 

Jan.  31.  29.  Duke  of  Montagu  to  the  Council  of  Trade  and  Planta- 
tions. A  very  violent  cold  prevents  me  having  the  honor  I 
intended  my  selfe  in  waiting  on  you  to  day  etc.  Encloses  his 
petition  (v.  Jan.  23).  Continues  : — As  what  I  aske  of  H.M.  is 
to  exchange  the  island  of  Tobago  for  those  of  St.  Lucia  and  St. 
Vincent  which  are  myne,  and  which  I  may  safely  say  I  have 
paid  dearly  for,  I  have  sent  your  Lordships  a  copy  of  my  grant 
of  those  Islands  etc.,  hopeing  that  I  shall  not  be  put  under 
harder  conditions  in  my  grant  of  Tobago  then  those  I  volun- 
tarily give  up.  I  am  informd  that  H.M.  who  has  been  so  good 
allready  to  express  his  willingness  to  grant  my  petition  provided 
your  Lordships  see  no  ill  consequence  from  his  doeing  so,  is 
desirous,  that  if  the  Island  be  granted  to  me,  it  may  not  be 
granted  to  me  in  the  nature  of  a  Proprietary  Government,  but 
that  the  soveranity  of  the  Island,  and  the  apointment  of  the 
Governor  may  be  reservd  to  the  Crown  ;  which  is  intierly  my 
own  sentiment,  and  which  I  very  redyly  agree  to,  and  your 
Lordships  will  see  that  my  grant  of  Sta.  Lucia  and  St.  Vincent 
was  in  that  manner,  but  as  I  am  desirous  their  may  be  as  few 
objections  as  possible  to  what  I  desire,  I  have  in  a  draft  of 
another  grant  which  I  propose  as  a  model  of  the  grant  of  Tobago 
(v.  end.  ii),  intierly  separated  the  grant  of  the  Island,  from  the 
grant  of  the  Government  which  were  in  sum  measure  intermix'd 
in  my  grant  of  Sta.  Lucia,  etc.  Your  Lordships  will  find  in  it 
the  soile  of  the  Island  onely,  with  such  powers,  jurisdictions, 
and  advantages,  which  every  Lord  of  a  manor  enjoies,  and  which 
it  can  be  no  prejudice  to  the  Crown  to  grant,  given  to  me  my 
heirs  and  asignes  for  ever,  next  you  will  find  the  intire  soveranity 
of  the  Island  reserv'd  to  H.M.  and  his  successors,  then  you  will 
find  the  constitution  of  a  Governor  with  his  powers,  which  are 
the  same  with  the  Governors  of  the  other  Islands,  and  lastly 


AMERICA   AND   WEST   INDIES.  23 

1728. 

is  the  office  of  Governor  granted  to  me  and  my  heirs  male,  which 
I  hope  your  Lordships  will  have  no  objection  to,  sence  in  my 
grant  of  St.  Lucia  that  office  was  granted  to  me  and  my  heirs 
for  ever,  and  that  it  woud  be  impracticable  for  me  to  undertake 
the  setlement  of  the  Island  without  being  Governor  of  it,  att 
lecst  for  my  lyfe,  from  the  many  inconveniencis  which  of  nesesity 
woud  arize  in  makeing  such  a  setlement  if  the  Government  was 
in  the  hands  of  any  person  over  whom  I  had  no  power  ;  and  as 
I  propose  in  this  grant,  which  was  not  in  my  other,  that  the 
Deputy  Governor  which  I  shall  apoint  with  the  aprobation  of 
H.M.,  shoud  att  any  tyme  be  remov'd  att  H.M.  pleasure,  I 
hope  you  will  find  the  Government  of  the  Island  will  thereby 
be  so  much  in  the  power  of  the  Croun  that  you  will  not  see  any 
ill  consequence  in  the  Croun's  granting  me  the  office  of  Governor 
of  the  Island  in  the  manner  I  desire,  there  is  one  other  thing 
in  this  draft  I  recomend  to  your  consideration,  which  I  hope 
you  will  not  think  onreasonable,  which  is  that  as  it  must  of 
nessesity  be  a  great  expence  to  me  in  makeing  fortifications  to 
secure  the  Island,  that  whenever  the  Government  goes  out  of 
my  famely,  they  may  be  reimbursed  that  expense,  as  to  all 
the  conditions  on  which  the  Island  is  to  be  granted  to  me  you 
will  find  them  the  same  as  those  on  which  St.  Lucia  and  St. 
Vincent  were  granted  me,  with  one  more  condition  aded,  which 
is,  that  as  soon  as  I  shall  be  in  quiet  possestion  of  the  Island  of 
Tobago  I  shall  resigne  all  my  right  and  tytle  to  the  Islands  of 
St.  Lucia  and  St.  Vincent  to  H.M.  and  his  heirs.  In  the  in- 
structions given  to  Lord  Belhaven  and  Mr.  Worsley  by  which 
they  were  impowered  to  grant  lands  in  Tobago,  the  foure  and  a 
halfe  per  cent  duty  to  be  paid  on  the  exportation  of  the  product 
of  those  lands  was  not  to  comence  tell  ten  year  after  the  date 
of  the  grants,  and  if  the  same  might  be  alowed  now  it  woud 
be  a  very  great  encouragement  to  the  settlement,  but  I  submit 
every  thing  to  your  Lordships,  and  as  I  am  persuaded  you  will 
think  the  setting  of  Tobago  is  att  this  tyme  very  nessesary  to 
secure  it  to  Great  Britain  from  the  encroachments  that  are  daily 
made  upon  us  by  our  neighbors,  I  flater  my  selfe  you  will  not 
onely  report  in  my  favour,  but  that  you  will  represent  to  H.M. 
the  nessesity  of  asserting  his  right  and  suporting  the  setlement 
of  that  Island,  espestialy  since  it  will  not  be  a  proprietary 
Government.  I  shall  conclude  by  beging  of  your  Lordships 
to  enjoin  secrecy  to  your  Clerks  and  other  servants  threw 
whose  hands  this  afaire  must  pass,  that  if  possible  it  may  not 
be  mentioned  out  of  your  Board,  any  where  but  in  the  other 
offices  where  of  nessesity  it  must  go  threw,  leest  it  shoud  come 
to  the  knowlege  of  any  of  our  neighbours  whom  I  said  before 
are  glad  of  any  opertunity  to  encroach  upon  us,  and  who  very 
possibly  upon  the  knowledge  of  a  designe  of  settling  this  Island 
myte  be  beforehand  with  us.  Signed,  Montagu.  Endorsed, 
Reed.,  Read  21st  Jan.,  172$.  Holograph.  4  pp.  Enclosed, 


24 


COLONIAL   PAPERS. 


1728. 


Feb.  2. 

Whitehall. 


Feb.  2. 

Montscrrat. 


[Feb.  6.] 


Feb.  7. 

Whitehall. 


[Feb.  8.] 


29.  i.  Duke  of  Montagu's  Grant  of  Sta.  Lucia  and  St. 
Vincents,  20th  June,  1722.  Enrolled  in  the  Office 
of  the  Auditor  of  America,  27th  July,  1722.  Copy. 
Endorsed  as  preceding.  15  large  pp. 

29.  ii.  Draft  of  proposed  grant  of  Tobago  to  the  Duke  of 
Montagu,  referred  to  in  covering  letter.  Same 
endorsement.  23  pp.  [C.O.  28,  19.  ff.  51-52^.,  53v., 
54-90, 


30.  Council  of  Trade  and  Plantations  to  the  Duke  of  New- 
castle. Enclose  Address  from  New  Jersey,  to  be  laid  before 
the  King.  (v.  Dec.  18,  1727.)  Autograph  signatures.  1  p. 
[C.O.  5,  980.  No.  44  ;  and  5,  996.  p.  249.] 

31  .  Capt.  George  to  [?the  Duke  of  Newcastle].  Refers  to 
letter  two  years  ago  asking  for  the  Government  of  Bermudas, 
which  he  had  hoped  to  obtain,  but  now  learns  it  is  disposed  of 
to  Mr.  Pitt.  Continues  :  That  which  I  at  present  have,  is  such 
an  expence  to  me  (for  the  country  does  not  give  me  one  shilling) 
that  even  the  pay  and  perquisites  of  my  Company  is  not 
sufficient  to  defray  etc.  Asks  leave  to  dispose  of  his  Government 
and  Company,  "  which  together,  will  ammount  to  about  one  or 
two  and  twenty  hundred  pounds,"  and  retire  to  S.  Carolina  or 
Virginia,  "  for  I  see  no  probability  in  the  station  I  am  at  present 
in,  of  laying  up  anything,  towards  discharging  such  debts,  as 
was  the  occasion  of  my  leaving  England,  but  the  contrary." 
Refers  to  his  services  in  the  army  for  25  years  etc.  Signed, 
Paul  George.  Endorsed,  Rd.  May  24th.  1|  pp.  [C.O.  152, 
43.  ff.  25,  25v.,  26v.] 

32.  Edward  Johnson  to  the  Council  of  Trade  and  Planta- 
tions.    Asks  for  copy  of  the  reasons  alledged  by  Lt.  Governor 
Mathew  for  displacing  him  as  Judge  etc.     (v.  C.S.P.  15th  Aug. 
and  6th  Oct.  1727.)     Endorsed,  Reed,  (from  Mr.  Matthews,  Mr. 
Johnson's  Agent),  Read  6th  Feb.,  172|.     1  p.      [C.O.  152,  16. 
ff.  139,  140».] 

33.  Mr.   Popple  to  Mr.   Scrope.     Refers  to  letter  of  16th 
March,  1727.     Continues  :  —  My  Lords  having  now  under  their 
consideration  Instructions  for  Col.  Dunbar,  appointed  Surveyor 
General  of  H.M.  woods  in  America,  think  this  a  proper  occasion 
of  reminding  the  Lords  of  the  Treasury  of  the  draft  of  the  bill 
for  the  better  preservation  of  H.M.   woods  therein  enclosed  etc. 
[C.O.  324,  11.     pp.  60,  61.] 

34.  Extracts    of  letters  from  John  Bennet,    Merchant   in 
Barbados,  to  the  Duke  of  Montagu,     (a)  Barbadoes,  Sept.  17, 
1726.     There  are  now  about  300  French  families   settled  on 
St.  Lucia,  and  some  of  them  owners  of  20  or  30  negroe  slaves, 


AMERICA   AND   WEST   INDIES.  25 

1728. 

so  that  'tis  not  to  be  doubted  but  they  will  make  themselves 
masters  of  it  by  degrees,  as  also  of  St.  Vincent  and  Dominico, 
by  means  of  their  Fryars  and  other  Missionaries  who  use  all 
their  arts  to  gain  the  Indians  and  negroes.  Proposes  that  the 
English  should  have  some  encouragement  to  be  making  settle- 
ments on  St.  Lucia,  as  well  as  the  French,  for  it  is  certain  they 
are  connived  at  and  underhand  encouraged.  Continues : — 
We  have  now  a  great  many  vessells  trading  in  the  Petite 
Careenage  and  also  about  the  Island  for  timber,  which  is  very 
valuable,  and  would  be  more  so,  should  we  be  denied  by  the 
Dutch  to  trade  to  Surrinam,  of  which  there  has  been  some  talk, 
and  some  of  our  vessells  have  actually  returned,  without  being 
permitted  to  trade  etc.  Many  of  our  English  would  likewise 
make  settlements  on  St.  Lucia,  and  clear  up  parcells  of  land  in 
such  parts  as  suited  them,  provided  they  had  some  assurances 
from  your  Grace,  that  they  should  not  be  dispossessed 
of  their  lands,  but  should  hold  them  by  some  certain  easy 
and  reasonable  tenure.  Should  your  Grace  impower  any 
person  to  give  out  grants  in  your  name,  in  such  manner  as  was 
Mr.  Uring,  the  English  would  settle  there  as  fast  as  the  French 
without  putting  you  to  any  further  expence.  The  consequence 
of  which  might  be,  that  possibly  the  French  might  get  possession 
of  one  half  of  the  Island,  and  we  of  the  other,  as  formerly  on 
St.  Christophers  etc.,  which  would  be  better  than  to  suffer  the 
French  to  settle  it  entirely.  Their  possessions  are  too  great 
already  amongst  these  Islands  etc.  Suggests,  alternatively, 
a  Treaty  with  the  French  etc. 

(b)  Nov.  30,  1727.  Acknowledges  letter  of  Jan.  24,  1727. 
Encloses  following,  showing  how  the  French  are  making  them- 
selves masters  of  St.  Vincents  by  the  only  advisable  method. 
Were  they  to  do  it  openly  and  by  force,  the  negroes  and  Indians 
would  obstruct  them,  as  they  have  formerly  done,  but  by  the 
preaching  and  insinuation  of  their  Fryers,  and  gratuities  of 
rum  sugar,  and  other  little  commodities,  they  insensibly  in- 
sinuate themselves  into  the  affections  of  those  people,  and  begin 
to  make  themselves  not  only  acceptable,  but  usefull  and 
necessary  amongst  them.  It  is  certain  that  St.  Vincent  has 
of  late  supplied  Barbadoes  with  several  sloop  loads  of  corn. 
All  which  is  enough  to  alarm  the  British  Ministry  as  they  regard 
the  protection  and  trade  of  the  Caribbee  Islands,  for  they  are 
growing  so  powerfull  that  if  not  speedily,  nay  immediatly 
stopt  in  their  progress,  they  will  certainly  destroy  all  the  Leeward 
English  Islands  and  Barbadoes  itself.  Besides  the  French 
Court  has  transmitted  to  Martinique  an  Edict  prohibiting  all 
manner  of  trade  in  the  W.  Indies  with  the  English  Danes  and 
Dutch  and  ordered  several  sloops  be  employed  as  guarde  de 
la  costas  etc.,  and  at  the  same  time  giving  licence  to  all  French 
vessells  to  trade  to  the  Spanish  Islands  of  Margarita,  Trinidada 
and  Portorico.  Your  Grace  will  best  judge  for  what  reasons 


26 


COLONIAL   PAPERS. 


1728. 


Feb.  8. 

Whitehall. 


this  is  done  etc.  I  have  sent  to  Mr.  Woodbridge  a  small  sample 
of  the  tobacco  that  the  French  make  on  St.  Vincents,  which  I 
had  from  Mr.  Ridley  etc.  Copy.  Enclosed, 

34.  i.  Deposition  of  John  Ridley  of  Barbados,  28th  Nov., 

1727.  On  4th  Nov.  deponent,  master  and  owner  of 
the  sloop  Endeavour,  proceeded  to  Corbaco,  a  fine  bay 
in  St.  Vincents,  to  meet  another  sloop  he  had  sent  to 
cut  timber.  There  were  settled  six  or  seven  French 
families,  and  about  a  league  to  the  north  in  another 
bay  fourteen  or  fifteen.  The  said  inhabitants  raised 
provisions  and  a  great  quantity  of  very  good  tobacco, 
somewhat  like  that  of  Brazil.  Deponent  was  informed 
that  there  were  French  inhabitants  settled  in  most 
parts  of  the  Island,  and  in  one  part  there  was  a  con- 
siderable town  and  a  Mass  house  ;  that  there  are  a 
great  many  free  negroes  and  Indians  on  the  Island 
and  the  French  are  daily  coming  over  to  settle  there 
from  Martinique,  and  that  they  raise  and  export 
great  quantities  of  corn.  He  was  informed  by  a 
schooner  from  Martinique,  that  a  French  man  of  war 
was  coming  from  Martinique  to  seize  their  sloops,  or 
to  know  by  what  authority  the  English  cut  timber 
there,  whereupon  deponent  hastened  to  Barbados, 
etc.  Signed,  John  Ridley.  Endorsed,  Reed,  (from 
D.  of  Montagu),  Reed.  8th  Feb.,  172|.  Copy.  The 
whole,  4  pp.  [C.O.  28,  19.  ff.  92-93?;.,  95v.  ;  and 
(duplicate  of  enclosure)  96,  96*;.] 

35.  Mr.    Popple    to    Lt.    General    Mathew.     Acknowledges 
letters  of  31st  May,  24th  June,  15th  Aug.,  12th  Oct.,  and  1st 
Nov.     Continues  : — In  these  letters  you  mention  several  papers 
to  be  presented  to  the  Board  by  Mr.  Beak,  Mr.  Butler,  and  Mr. 
Meure  ;  But  this  being  a  method  of  correspondence  not  approved 
of  by  their  Lordships,  I  am  commanded  to  signify  to  you  their 
desire,  that  your  letters  to  them,   and  whatever  papers  are 
therein  referred,  may  for  the  future  be  sent  sealed  directly  to 
the  Board.     H.M.  having  been  pleased  to  refer  to  their  Lordships 
a  petition  of  Mr.  Greathead  etc.  (v.  No.  28),   and   they  having 
moved  that  both  you  and  he  may  be  directed  with  such  other 
persons  as  you  and  he  shall  think  proper,  to  make  affidavits 
before  any  judge  or  magistrate  in  St.  Christophers  etc.,  and  that 
the    said    affidavits    be    mutually    exchanged    between    you, 
and  then  transmitted  to  my  Lords,  under  the  Seal  of  the  Island 
etc.,  their  Lordships  expect,  that  you  should  punctually  comply 
with  what  is  above  proposed,  as  soon  as  possibly  may  be.     I 
have  wrote  by  their  Lordships'  order  to  this  purpose  to  Mr. 
Greathead.     Mr.  Willett,  having  complaind  of  his  having  been 
ill  used  by  you  in  Council  (copy  enclosed),  my  Lords  expect  you 
will  in  like  manner  transmit  your  answer  thereto  etc.     I  have 


AMERICA   AND    WEST   INDIES. 


27 


1728. 


Feb.  8. 

Whitehall. 

Feb.  8. 

Whitehall. 


Feb.  8. 

H.M.S. 

Berwick 

Port  Royal, 

Jamaica. 


also  acquainted  Mr.  Willet  with  their  Lordships'  directions  etc. 
Their  Lordships  observe  by  your  letter  of  15th  Aug.,  that  you 
are  preparing  an  account,  in  the  nature  of  a  present  state  of 
the  Leewd.  Islands  which,  as  their  Lordships  think  it  will  be 
of  great  advantage  to  them,  I  am  to  desire  you  will  transmit 
it  as  soon  as  possible.  [C.O.  153,  14.  pp.  307-309.] 

36.  Same  to   Mr.   Great  head.     Directs  him  to   proceed   as 
above.     [C.O.  153,  14.     pp.  309,  310.] 

37.  Same  to  Mr.  Willett.     Directs  him  to  proceed  as  above, 
"  as  their  Lordships  are  of  opinion  that  every  Member  of  the 
Council  ought  to  enjoy  freedom  of  debate  and  vote,  their  Lord- 
ships are  always  desirous  of  doing  whatever  in  them  lies,  to 
promote  the  same  "  etc.     [C.O.  153,  14.     pp.  310,  311.] 

38.  Capt.  Gordon  to  Mr.  Delafaye.     This  [is]  the  poorest 
squadron  that  ever  went  home  from  these  parts,  all  of  them 
having  drawn  monney  from  home  except  Capt.  Solegard,  and 
which  is  worst  of  all,  no  monney  in  the  country  to  be  sent  home. 
I  have  been  but  once  at  sea  since  I  came  to  this  country,  and 
on  the  second  day  after  I  was  out,  lost  all  my  mast,  sailes  and 
rigging,  and  lye  in  harbour  now  till  my  stores  come  from  home  ; 
however  those  that  goe  to  sea  can  meet  with  nothing  out  of 
harbour,  all  the  Spaniards  keeping  close  in  port  etc.      Has  sent 
an  express  to  Admiral  Hosier  with  Sir  Charles  Wager's  orders, 
in   accordance    with   enclosed   instruction    etc.      Signed,     Geo. 
Gordon.     Endorsed,  R.  15th  April.     Holograph.     1  p.  Enclosed, 

38.  i.  Commodore  St.  Loe  to  Capt.  Gordon.  Bredah,  Port 
Royal,  Dec.  1727.  Instructs  him  to  forward  by 
express  any  letters  that  may  arrive  to  him  off  Point 
Canoa  etc.  Signed,  E.  St.  Loe.  Copy.  1  p.  [C.O. 
137,  53.  ff.  16,  17, 


Feb.  8.  39.  Mr.  Carkesse  to  Mr.  Popple.  The  Commissrs.  observing 
Custom  ho.  that  it  has  been  the  practice  to  permit  logwood  of  the  growth 
and  produce  of  the  Bay  of  Campechea  to  be  carryd  directly 
to  Holland  and  other  foreign  parts  from  New  Yorke  and  other 
British  plantations  and  it  being  required  by  law  that  all  fustick 
or  other  drying  wood  of  the  growth,  production  or  manufacture 
of  any  British  Plantation  in  America,  Asia  or  Africa  which  shall 
be  exported  from  thence,  shall  be  brought  directly  to  some  port 
in  Great  Britain  and  there  put  on  shoar,  the  Commrs.  desire 
you  will  move  the  Lords  of  Trade  and  Plantations  for  their 
opinion  whether  Campechea  is  to  be  esteemd  a  Plantation 
belonging  to  the  Crowne  of  Great  Britain  etc.  Signed,  Cha. 
Carkesse.  Endorsed,  Reed.  8th,  Read  9th  Feb.,  172|. 
Addressed.  1  p.  [C.O.  388,  27.  T.  7.] 


28 


COLONIAL   PAPERS. 


1728. 

Feb.  9.          40.     Mr.    Popple   to   Mr.    Carkesse.     In  reply   to  preceding, 
Whitehall,     encloses  copy    of    Representation  of  25th  Sept.,   1717.     [C.O. 
389,  28.     p.  332.] 

Feb.  9.  41.  Council  of  Trade  and  Plantations  to  the  Duke  of 
Whitehall.  Newcastle.  Enclose  following.  Continue : — Your  Grace  will 
perceive  etc.  that  the  French  are  actually  peopling  the  islands  of 
St.  Vincents  and  Sta.  Lucia,  and  that  their  strength  is  increasing 
so  fast  in  the  Charribbee  Islands,  that  if  some  stop  be  not 
speedily  put  thereto,  there  is  great  reason  to  fear  that  all  the 
Leeward  Islands,  and  even  Barbados  itself,  will  be  in  great 
danger  in  case  a  rupture  shou'd  happen  between  the  Crown 
of  France  and  this  Kingdom.  Your  Grace  will  likewise  perceive 
that  the  French  at  St.  Vincent  do  raise  and  export  great 
quantities  of  corn,  and  that  Barbadoes  has  of  late  been  supplyed 
with  several  sloop  loads  thereof,  to  the  detriment  of  the  trade 
formerly  carried  on  between  that  Island  and  some  of  H.M. 
Northern  Plantations.  There  is  one  particular  more,  which 
we  begg  leave  to  mention  to  your  Grace  vizt.,  that  a  French 
man  of  war  was  expected  from  Martinique  to  seize  what  English 
sloops  shou'd  be  found  at  St.  Vincents,  or  to  know  by  what 
authority  the  English  cut  timber  there  ;  we  need  not  upon  this 
occasion  repeat  to  your  Grace  the  too  well  known  consequence 
of  permitting  the  French  thus  to  become  masters  of  places  to 
which  H.M.  has  an  undoubted  title  and  therefore  shall  make  but 
this  one  observation,  that  the  French,  if  left  at  liberty  to  become 
masters  of  these  islands,  will  be  possess'd  of  the  finest  and  safest 
harbour  in  all  America  ;  by  which  means  they  will  not  only 
have  it  in  their  power  to  make  themselves  masters  of  all  the 
trade  to  the  Spanish  West  Indies,  but  will  have  many  more 
opportunities  of  clandestinely  importing  into  H.M.  Charibbee 
Islands  such  foreign  goods  as  ought  legally  to  be  imported  thither 
from  hence  only,  to  the  manifest  detriment  of  the  trade  of  this 
Kingdom.  Autograph  signatures.  3  pp.  Enclosed, 

41.  i.  Copy  of  letter  from  Mr.  Bennet,  No.  34  (b). 

41.  ii.  Copy  of  deposition  of  John  Ridley,  No.  34.   i. 

[C.O.    152,    40.      Nos.    22,    22.    i,    ii  ;      and   (without 
enclosures)  29,  14.     pp.  431,  432.] 

[Feb.  10.]  42.  List  of  papers  received  from  Mr.  Meure,  referred  to  by 
Lt.  General  Mathew  in  late  letters,  relating  to  the  removal  of 
Chief  Justice  Greathead  etc.  2  pp.  Endorsed,  Reed.  10th 
Feb.,  Read  5th  April,  1728.  2  pp.  [C.O.  152,  16.  ff.  258, 
258v,  259v.] 

Feb.  10.  43.  Governor  Hunter  to  the  Council  of  Trade  and  Planta- 
tions. By  H.M.S.  the  Dunkirk  (which  is  the  first  opportunity 
that  has  offered  since  my  arrival)  I  have  the  honour  to  acquaint 
your  Lordships  that,  after  a  very  agreeable  passage  of  eight 


AMERICA   AND   WEST   INDIES. 


29 


1728. 


weeks,  I  came  safe  here  on  the  29th  of  the  last  month  etc.  My 
Commission  was  published  the  next  day  etc.  and  a  general  satis- 
faction appeared  among  the  inhabitants.  I  have  with  the 
advice  of  the  Council,  issued  writts  for  calling  an  Assembly  ; 
and  they  are  to  convene  the  28th  of  March  :  I  am  in  hopes  they 
will  meet  with  a  good  disposition  to  promote  H.M.  service  and 
the  interest  of  their  country.  I  have  not  as  yet  had  leisure  to 
inform  myself  particularly  into  the  several  branches  of  H.M. 
Instructions,  upon  which  I  am  commanded  to  correspond  with 
your  Lordships  ;  But  I  shall,  without  loss  of  time  apply  myself 
to  the  faithful  discharge  of  my  trust  etc.  Prays  for  their 
favourable  construction  etc.  Continues  :  Admiral  Hopson 
intends  to  sail  to-morrow  for  Carthagena,  with  such  ships  of 
his  squadron  as  are  fit  for  sea  ;  and  by  the  latest  advices  we 
have  from  thence  the  galleons  were  still  in  that  port  :  It  is 
generally  believed  that,  if  they  stay  much  longer  there,  most  of 
them  will  be  rendred  incapable  of  returning  to  Europe,  etc. 
Signed,  Ro.  Hunter.  Endorsed,  Reed.  24th  April,  Read  2nd 
May,  1728.  2  pp.  Enclosed, 

43.  i.  Governor  Hunter's  declaration  in  Council,  31st  Jan., 
1727-8,  with  Council's  Answer.  Mutual  assurances 
of  good  will  etc.  Endorsed  as  preceding.  Printed.  I  p. 
[C.O.  137,  17.  ff.  40,  40u., 


Feb.  10.        44.     Governor  Hunter  to  the  Duke  of  Newcastle.     Repeats 
Jamaica,     part  of  preceding  letter,  mutatis  mutandis.     Signed,  Ro.  Hunter. 
Endorsed,  R.  April  15th.     If  pp.     Enclosed, 

44.  i.  Duplicate  of  No.  43  i.     [C.O.    137,    53.    ff.  19,  19u., 
20u.,  21.] 

Feb.  12.  45.  Lt.  Governor  Gooch  to  the  Council  of  Trade  and  Planta- 
\viiiiams-  tions.  Encloses  Minutes  of  Council  to  Dec.  last,  Naval  Officer's 
lists  of  imports  and  exports  for  half  year  ending  Michaelmas, 
and  accounts  of  imports  from  Madera  and  the  Azores,  and  of  the 
negroes  from  Africa  to  the  same  time.  Continues  :  Pursuant 
to  the  directions  of  his  late  Majesty,  I  have  appointed  Wm. 
Byrd,  Richd.  Fitzwilliam  and  Wm.  Dandridge  Esqrs.  Com- 
missrs.  (the  two  last  are  in  the  place  of  Col.  Harrison  deceased) 
for  settling  the  boundaries  between  this  Government  and  the 
Province  of  North  Carolina  :  and  have  so  far  concerted  this 
matter  with  the  Governor  of  that  Province  that  the  Com- 
missioners on  both  sides  are  to  meet  5th  March  in  order  to  put 
a  final  end  to  that  dispute,  which  has  been  so  many  years  in 
contest,  and  I  hope  my  next  will  bring  the  account  of  its  con- 
clusion. The  jealousies  that  had  lately  spread  themselves 
between  our  Tributary  Indians  and  some  of  their  neighbours 
(whereof  notice  is  taken  in  the  Journal  of  2nd  Nov.,  and  of 
which  I  some  time  since  sent  your  Lordships  the  report  of  the 
march  of  some  of  our  Militia  under  the  command  of  Col. 
Harrison)  are  I  hope  so  entirely  removed,  as  to  leave  no  further 


30  COLONIAL   PAPERS. 

1728. 

apprehension  of  any  rupture  between  them,  which  otherwise 
might  have  given  great  uneasiness  to  our  frontier  inhabitants. 
It  would  I  presume  be  needless  to  trouble  your  Lordships  with 
observations  drawn  from  these  Journals  :   seeing  they  are  either 
necessary  orders  for  qualifying  officers  on  H.M.  accession,  or 
private  disputes  about  entrys  for  land,  which  are  of  little  con- 
sequence.    But  there  is  one  thing  in  the  Journal  of  4th  Nov. 
which  concerns  myself  etc.,  'tis  an  unanimous  vote  of  the  Council 
for  paying  me  £300  out  of  the  Revenue  towards  defraying  the 
extraordinary  charge  I  was  at  in  transporting  myself  and  family 
hither  ;    This  resolution  was  so  unexpected  that  I  had  not  the 
least  notice  of  it  till  the  day  it  was  proposed  at  the  Board,  and 
I  thought  it  would  not  become  me  to  refuse  this  extraordinary 
instance    of   their  regard.     All   I   shal    offer   further    on    this 
subject  is,  to  pray  your  Lordships'  favourable  construction  as 
well  of  their  offer  as  my  acceptance  ;    and  I  hope  it  will  pass 
the  better  when  your  Lordships  consider  the  present  state  of 
that  Revenue  as  it  appears  in  the  late  half  year's  accompt 
(which  is  also  inclos'd)  the  ballance  whereof  is  upwards  of  £6000. 
Perusing  my  Instructions,  I  found  one  (No.  119)  wherein  I  am 
enjoyn'd  to  propose  a  law  for  making  the  Virginia  estates  of 
bankrupts  .liable  to  the  satisfaction  of  their  English  creditors  ; 
but  upon  examining  into  the  practice  in  such  cases  (with  sub- 
mission) I  am  perswaded  those  creditors  have  as  great  advantages 
now  for  the  recovery  of  their  debts,  as  they  could  expect  or 
reasonably  desire  by  a  special  law  for  that  purpose  :    for  if  a 
merchant  in  England  breaks  and  has  effects  in  Virginia,  everyone 
of  his  creditors  there  has  not  only  the  benefit  of  their  dividend 
from  his  effects  upon  the  commission  of  bankruptcy  sued  out 
there,  but  they  have  the  oppertunity  on  his  failure,  of  sending 
over  hither,  and  here  bring  suit  for  the  recovery  of  his  effects 
in  this  country,  and  in  such  case  they  have  an  equal  share  of 
whatever  is  discovered  in  this  country  in  proportion  with  the 
Virginia  creditors  ;    whereas  the  latter  can  pretend  to  no  part 
with  them  of  what  is  recovered  in  England,  seeing  the  distance 
makes  it  morally    impossible    for    them    to    make    out  their 
demands   before  the   Commissioners   here   have   finished  their 
accompts  and  made  the  dividend.     This  being  the  true  state 
of  that  case,  I  doubt  not  your  Lordships  will  be  of  opinion  that 
there's  no  occasion  for  such  a  law  etc.     The  General  Assembly 
called  by  my  predecessor  being  of  course  dissolved  by  the  King's 
death  :    I  have  called  a  new  one  which  met  the  first  instant. 
Encloses  Speech  and  Address  etc.     Continues :    By  the  choice 
the  people  have  made  of  their  Representatives,  I  have  reason 
to  hope  for  an  happy  issue  of  their  proceedings,  etc.     Signed, 
William  Gooch.     Endorsed,  Reed.  17th  April,  Read  2nd  May, 
1728.     2  pp.     Enclosed, 

45.  i-iv.  Duplicate    of    Nos.    46    i,    iii-v.     [C.O.    5,    1321. 
ff22,  25-28,  29u.,  30,  3lv.-33v.  ;    and  (abstract)  23.] 


AMERICA   AND   WEST   INDIES. 


31 


1728. 
Feb.  14. 

Williams- 
burgh. 


46.  Lt.  Governor  Gooch  to  the  Duke  of  Newcastle.  Having 
in  my  former  letters  given  your  Grace  a  relation  of  the  most 
considerable  occurrences  since  my  entring  on  the  administration 
of  this  Government :  etc.  encloses  journals  of  Council  to  Dec. 
Repeats  parts  of  preceeding.  I  presume  it  would  be  needless  to 
trouble  your  Grace  with  observations  drawn  from  these  journals  ; 
seeing  they  are  either  necessary  orders  for  qualifying  officers  on 
H.M.  accession,  or  private  disputes  about  entrys  for  land,  which 
are  of  little  consequence.  Encloses  Speech  and  Addresses. 
Concludes  :  That  [address]  to  H.M.  I  am  desired  to  recommend 
to  the  Merchants  to  attend  it  when  presented  to  H.M.  by 
Micajah  Perry  Esq.  one  of  the  City  Members,  which  I  do  by 
the  same  conveyance,  directing  Mr.  Perry  to  wait  upon  your 
Grace  with  it.  By  the  choice  the  people  have  made  of  their 
Representatives  I  have  reason  to  hope  for  an  happy  issue  of 
their  proceedings,  etc.  Signed,  William  Gooch.  Endorsed,  Rd. 
April  15th.  1  Jrd  pp.  Enclosed, 

46.  i.  Address  of  the  House  of  Burgesses  of  Virginia  to  Lt. 
Govr.  Gooch.  We  cannot  sufficiently  express  the 
joy  with  which  our  hearts  are  filled,  to  see  ourselves 
under  the  government  of  a  person  in  all  respects 
qualyfied  etc.  The  character  wch.  in  your  private  life 
you  had  established  among  all  that  knew  you,  reached 
us  before  your  arrival  etc.  But  since  we  have  had  the 
pleasure  of  seeing  the  beauties  of  that  character 
illustrated  by  the  example  of  your  life  in  what  concerns 
the  dutys  of  religion,  your  courteous  and  affable 
behaviour  to  all  etc.,  your  hospitality  and  charity,  and 
the  prudence  and  evenness  of  your  temper,  wch.  you 
discover  upon  all  occasions,  we  have  abundant  reason 
to  think  ourselves  an  happy  people  etc.  Nor  can  we 
doubt  but  example,  wch.  is  the  best  of  all  instruction, 
will  have  a  great  influence  on  all  that  see  you,  to 
follow  those  excellent  rules  you  was  pleas'd  to 
lay  down  in  your  Speech  (No.  iv)  for  wch.  we  beg 
leave  to  return  you  our  humble  and  unfeigned  thanks. 
Copy.  1  p. 

46.  ii.  Address  of  the  Council  and  Burgesses  of  Virginia  to 
the  King.  Their  sorrow  for  the  loss  of  the  King  his 
father  is  turned  to  gladness  by  his  peaceful  accession, 
etc.  Continues  : — It  is  the  peculiar  happiness  of  this 
country  that  we  are  more  than  any  other  of  the 
American  Plantations  united  in  the  religion  of  the 
Church  of  England,  and  our  civil  rights  and  liberties 
are  secured  to  us  by  the  same  excellent  laws,  which 
have  ever  been  the  boast  of  the  English  Nation,  and 
have  made  them  greater  than  any  other  people. 
Therefore  it  merits  our  most  thankfull  acknowledg- 


32  COLONIAL   PAPERS. 

1728. 

ments  that  your  Majesty  has  been  pleased  to  declare 
your  resolution  to  make  the  establishment  in  Church 
and  State  your  first  and  always  your  chief  care.  And 
as  we  have  always  been  happy  under  the  protection 
and  Government  of  the  Crown  of  England,  so  we 
already  at  this  distance  feel  the  extensive  influence  of 
your  Majesty's  just  and  wise  councels  in  placing  over 
us  Mr.  Gooch  etc.  Pray  for  H.M.  long  reign  etc. 
Copy.  If  pp. 

46.  iii.  Account  of  H.M.  Revenue  of  2s.  per  hhd.,  25th  April- 
25th  Oct.,  1727.  Totals : — Balance  brought  forward, 
£4660  135.  4fd.  Received,  £3745  18s.  2\d.  Expen- 
diture, £2102  4-s.  7fd.  Balance,  £6304  6s.  ll^d. 
Signed,  John  Grymes,  Recr.  Genii.  Audited  by  Nathl. 
Harrison,  Depty.  Auditor.  Sworn  to  in  Council  by 
John  Grymes.  2  pp. 

46.  iv.  Lt.  Governor  Gooch's  Speech  to  the  Council  and  Bur- 
gesses in  Assembly.  Will  make  it  his  constant  care 
to  promote  and  propagate  religion  and  virtue.  It  is 
his  peculiar  felicity  to  come  to  a  country  where  the 
doctrine,  discipline  and  worship  of  the  Church  of 
England,  are  not  only  established,  but  almost  univer- 
sally received,  but  if  there  are  any  Dissenters  among 
them,  with  consciences  truly  scrupulous,  he  will  think 
an  indulgence  to  them  so  consistent  with  the  genious 
of  the  Xtian  religion,  that  it  can  never  be  inconsistent 
with  the  interest  of  the  Church  of  England.  Urges 
loyalty  to  the  House  of  Hanover  and  enforcement  of 
the  laws,  and  also  the  observance  of  the  social  virtues 
of  civility,  good-nature,  hospitality  and  good  neigh- 
bourhood etc.  Recommends  to  the  Burgesses  repair 
of  the  battery  at  Point  Comfort  and  the  building  of  a 
light-house  on  Cape  Henry,  which  is  so  much  wanted 
for  the  preservation  of  the  shipping  from  the  danger 
of  the  enemy  as  well  as  seas,  that  he  hopes  they  will 
once  more  consider  it.  "A  clause  may  be  inserted  to 
prevent  you  being  at  any  danger  thereon,  unless  our 
neighbours  of  Maryland  either  will  or  can  be  compelled 
to  contribute  towards  its  maintenance."  Recommends 
to  the  Council  agreement  upon  some  methods  to  prevent 
delays  in  the  Courts  of  Justice,  and  a  new  law  con- 
cerning tobacco,  and  promises  his  concurrence  in  all 
measures  for  the  encouragement  of  their  trade  and 
happiness  etc.  Copy.  %\rd  pp. 

46.  v.  Address  of  Council  of  Virginia  to  Lt.  Governor  Gooch. 
Return  thanks  for  preceding  Speech  and  express 
loyalty  and  good-will.  Copy.  1  p.  [C.O.  5,  1337. 
Nos.  41,  41.  i-v.] 


AMERICA  AND   WEST   INDIES. 


33 


1728. 

Feb.  15.         47.     Order    of   King   in    Council.     Approving    draughts    of 
st.  James's.  Governor  Bumet's  Commissions  etc.     Signed,  Temple  Stanyan. 

Endorsed,  Reed.  29th,  Read  30th  April,  1728.     l£  pp.     [C.O. 

5,  870.     ff.  59,  590.,  60v.  ;    and  5,  194.     /.  113.] 

Feb.  15.         48.     Order  of  King  in  Council.     Repealing  Act  of  New  York 
st.  James's,  for  the  easier  partition  of  lands  etc.     Signed,  Temple  Stanyan. 

Endorsed,  Reed.  29th,  Read  30th  April,  1728.     2  pp.     [C.O.  5, 

1054.     ff.  234,  234u.,  235u.] 

Feb.  15.  49.  Order  of  King  in  Council.  The  Committee  for  hearing 
st.  James's,  appeals  etc.  having  reported  that  Mr.  Hope's  Counsel  agreed 
to  Mr.  George  Tucker  being  restored  to  his  offices  of  Secretary 
and  Provost  Marshal  General  of  Bermuda,  ordered  accordingly, 
and  that  he  be  paid  one  moiety  of  the  profits  arising  from  said 
offices  during  his  suspension  ;  and  that  in  case  there  should  be 
any  refusal  in  such  payment,  petitioner  be  at  liberty  to  put 
the  security  in  suit,  in  the  name  of  whomsoever  it  has  been 
taken  etc.  Signed  and  endorsed  as  preceding.  2|  pp.  [C.O. 
37,  12.  ff.  7-8v.] 

Feb.  15.         50.     Order  of  King  in  Council.     Referring  following  to  the 
st.  James's.  Council  of  Trade  and   Plantations  for  their  immediate    con- 
sideration and  report    as    to    the    methods  which    will    most 
effectually  conduce  to  the  ends  proposed,    "  H.M.   in  Council 
judging  it  highly  necessary  for  the  service  of  his  Navy,  that  the 
strictest  care  ought  to  be  taken  of  H.M.  woods  in  North  America 
and  all  proper  encouragement  given  for  the  raising  of  hemp  and 
all     other     navall    stores  "    etc.      Signed,     Temple     Stanyan. 
Endorsed,  Reed.  19th,  Read  20th  Feb.,  172|.     \\pp.     Enclosed, 
50.  i.  Lords  Commissioners  of  the  Admiralty  to  the  King 
in    Council.     Admty.    Office.     13th   Jan.,    1727.     We 
having   received    frequent    complaints    of  the   illegal 
and    unaccountable    waste    and    destruction    of   your 
Majesty's  woods  in  North  America,  by  the  unjustifiable 
liberty  the  inhabitants  of  New  England  have  taken 
in  cutting  down,  and  converting  to  their  own  use,  not 
only  great  numbers  of  the  trees  in  the  said  woods,  but 
even  those,  which  were  the  most  proper,  and  absolutely 
necessary  for  masts  for  the  ships  of  your  Majesty's 
Royal  Navy,  insomuch  that  if  some  speedy  and  effectual 
care  be  not  taken  to  prevent  the  same  there  will  not 
be  any  trees  remaining  for  the  said  service  ;  we  thought 
this  a  matter  of  too  great  consequence  to  your  Majesty's 
service    to    let    it    longer    pass,    without    taking    the 
necessary  precautions,  as  far  as  the  same  does  relate 
to  us  etc.    We  have  upon  enquiry,  been  informed  by 
the  Principal  Officers  and  Commissioners  of  the  Navy, 
that    Mr,    Burniston,    who    was    in    1718    appointed 

C.P.XXXVI— 3 


34  COLONIAL   PAPERS. 

1728. 


Surveyor  Generall  of  H.M.  Woods  etc.,  hath  not  either 
by  himself,  or  deputy,  given  them  any  accounts  of  his 
proceedings  etc.,  and  that  he  hath  not  personally  been 
in  North  America,  but  constantly  resided  in  England, 
notwithstanding  that  it  was  so  absolutely  necessary 
that  he  should  have  constantly  abode  in  New  England 
etc.  It  would  have  been  of  great  advantage  if  he  had 
been  bred  a  shipwright,  and  skilled  in  the  nature  and 
quality  of  naval  stores  etc.  Mr.  Gulston,  who  is  under 
contract  to  furnish  masts  for  the  Royal  Navy  from 
New  England  etc.  hath  represented  to  the  aforesaid 
Commissioners,  that  very  great  abuses  have  been 
committed  in  cutting  down,  and  exporting  timber 
fitt  for  masts  ;  which  exportations  have  probably 
furnished  foreign  countreys  in  enmity  with  Great 
Britain  ;  and  that  unless  speedy  and  effectual  care 
be  taken  to  cultivate  and  preserve  timber  trees  in 
New  England,  especially  near  the  water  side,  the  Royal 
Navy  cannot  be  supplyed  from  thence,  or  that  at 
least  it  must  be  very  expensive  to  the  Crown.  The 
preservation  of  masts,  and  all  sorts  of  timber  trees, 
fitt  for  the  Navy,  as  well  as  the  planting  and  improving 
of  other  navall  stores  in  general  in  N.  America,  is  of 
great  importance  to  your  Majesty's  service,  and  the 
same  doth  principally  depend  on  the  care  of  a  diligent 
and  honest  Surveyor  of  your  Majesty's  Woods, 
supported  in  the  due  execution  of  his  duty  by  the 
authority  of  the  Crown.  The  said  Commissioners  of 
the  Navy  are  humbly  of  opinion  the  aid  of  an  Act  of 
Parliament  may  be  requisite,  to  regulate  and  restrain 
the  licentious  pretences  of  townships  in  your  Majesty's 
said  Government  of  New  England,  to  cutt  down  any 
timber  within  their  districts,  fitt  for  masts,  and  that 
if  the  said  Act  did  enforce  the  penalties  mentioned 
in  the  Charter  granted  in  the  third  year  of  the  reign 
of  King  William  and  Queen  Mary,  and  extend  to  the 
prosecution  of  all  offenders,  and  to  the  inflicting  severe 
punishments,  even  upon  the  Governours  of  the 
provinces,  and  the  Surveyor  himself,  and  his  assistants, 
when  legally  convicted,  it  might  effectually  obtain 
the  end  proposed  ;  for  that  thereby  all  sizes  of  masts 
might  be  preserved  for  the  Royall  Navy,  as  well  trees 
under  24  inches  diameter  for  future  supplies,  as  those 
above,  and  no  tree  be  cut  to  waste,  but  converted  as 
occasion  should  require,  by  a  skillfull  hand,  nor  any 
pine  tree  whatever  be  cutt  down  by  the  inhabitants 
of  any  district,  until  it  should  be  first  surveyed,  and 
a  mark  of  leave  put  thereon  by  the  Surveyor,  or  his 
assistants.  Such  endeavours  for  obtaining  a  supply 


AMERICA   AND   WEST   INDIES.  35 

1728. 

of  all  naval  stores  from  your  Majesty's  own  plantations, 
deserves  the  greatest  care  and  attention,  since  it  may 
prove  of  infinite  advantage  to  this  nation,  in  case  of 
a  rupture  with  the  Northern  Powers,  from  whom  the 
Navy  is  usually  supplyed  ;  but  the  woods  have  been 
under  no  other  inspection  for  many  years  past,  than 
of  an  officer  of  the  Customs,  deputed  by  the  aforesd. 
Mr.  Burniston,  whose  education  did  by  no  means 
qualify  him  to  be  a  proper  judge  of  masts  etc.  The 
said  Commissioners  have  represented,  that  as  to  the 
usefullness  of  the  Naval  Stores  imported  from  America, 
the  pitch  and  turpentine  have  proved  very  serviceable, 
and  no  ways  inferior  to  that  of  Sweden  or  Russia  ; 
that  the  tarr  hath  likewise  been  found  very  useful! 
in  the  Navy  for  ship  work,  tho'  not  yet  arrived  to  the 
perfection  that  it  is  to  be  hoped  etc.  for  making  cordage  ; 
and  that  the  hemp  had  been  so  improved,  that  upon 
an  experiment  made  of  a  sample  thereof,  brought 
from  Virginia,  it  hath  appeared  equal  in  goodness  to 
the  best  Riga  hemp,  insomuch  that  if  proper  instruc- 
tions were  given  to  the  Surveyor  Generall  of  the  Woods, 
the  planters  might  be  induced  by  him  to  improve  the 
same,  and  large  supplies  of  that  commodity,  in  time, 
be  procured  for  the  service  of  this  Kingdom  ;  and  the 
tarr  improved,  which,  as  well  as  other  naval  stores, 
hath  of  late  years  been  imported  from  thence  in  great 
quantities  etc.  We  entirely  concurr  with  the  above 
observations  of  the  Commissioners  of  the  Navy,  and 
most  humbly  represent,  that  the  preservation  of  the 
woods,  and  using  all  possible  means  to  cultivate  hemp 
and  other  stores,  will  very  much  tend  to  the  advantage 
of  your  Majesty's  service,  with  respect  not  only  to 
the  Royal  Navy,  but  to  the  Nation  in  general ;  and 
that,  in  order  thereunto,  it  is  absolutely  necessary  the 
Surveyor  General  should  constantly  reside  in  North 
America,  and  employ  his  utmost  care  and  skill  not 
only  in  surveying  your  Majesty's  woods  there,  and 
preserving  them  from  waste,  but  in  the  instructing 
and  encouraging  the  inhabitants  to  propagate  all 
sorts  of  stores  which  the  country  will  produce  ;  and 
that  he  should  have  such  instructions  for  his  govern- 
ment therein,  as  shall  be  judged,  may  most  effectually 
conduce  thereunto.  Signed,  Torrington,  Jo.  Cokburne, 
Jno.  Norris,  T.  Littleton,  L.  Malgras.  Copy.  4f  pp. 
[C.O.  323,  8.  Nos.  83,  83.  i.] 

Feb.  15.         51.     Order  of  King  in  Council.     The  Council  of  Trade  are 

St.  James's,  to  insert  a  clause  in  Lord  Londonderry's  Instructions  impower- 

ing  him  to  receive  an  additional  salary  either  from  the  first  or 


36 


COLONIAL   PAPERS. 


1728. 


Feb.  15. 

St.  James's. 


Feb.  15. 

Williams- 
burgh. 


second  Assembly,  as  was  done  in  the  case  of  Governor  Hart, 
according  to  the  prayer  of  his  Lordship's  Memorial  etc.  Signed, 
Temple  Stanyan.  Endorsed,  Reed.,  27th  Feb.,  Read  5th  March, 
172f.  3^  pp.  [C.O.  152,  16.  ff.  153-154*;.,  1550.] 

52.  Order  of  King  in  Council.  Upon  report  of  the  Com- 
mittee that  owing  to  Mr.  Shute's  absence,  H.M.  sign  manual, 
April  10,  1727,  directing  him  to  recommend  to  the  Assemblies 
of  the  Massachusetts  Bay  and  New  Hampshire  the  settlement 
of  the  Governor's  salary,  had  not  been  communicated  to  the 
Assemblies,  H.M.  in  Council,  "  judging  it  highly  reasonable  and 
necessary,  that  a  due  provision  ought  to  be  made  for  the  support 
of  his  Governors  of  the  said  Provinces,  is  pleased  to  order  etc., 
that  the  Lords  Commissioners  for  Trade  and  Plantations  do 
insert  an  article  in  Mr.  Burnet's  Instructions  agreeable  to  the 
said  Sign  Manual  "  etc.  Cf.  A.P.C.  III.  pp.  105-107.  Signed, 
Temple  Stanyan.  Endorsed,  Reed.  19th,  Read  28th  Feb.,  172$. 
3  pp.  Enclosed, 

52.  i.  Copy  of  H.M.  letter  to  Governor  Shute,  10th  April, 

1727.     2f  pp.     [C.O.  5,  870.     ff.  49-50,  51-52*;.] 

53.  Lt.  Governor  Gooch  to  the  Council  of  Trade  and  Planta- 
tions.    Acknowledges  letter  of  5th  Oct.  received  since  his  last 
of  12th  Feb.     The  opinion  of  the  Attorney  and  Solicitor  General 
is  entered  in  the  proper  offices  as  ordered.     Encloses  following. 
Continues  : — In  order  to  its  being  presented  with  the  greater 
solemnity,  I  have  sent  the  original  to  Mr.  Leheup  our  Agent, 
directing  him  to  deliver  it  to  Micajah  Perry  Esq.  now  one  of  the 
members  of  Parliament  for  the  City  of  London,  that  it  may  be 
attended  by  the  Virginia  merchants.     I  shall  not  trouble  your 
Lordships  now  with  any  other  account  of  the  Assembly's  pro- 
ceedings which  hitherto  has  been  chiefly  employ'd  in  settling 
the  common  forms  necessary  at  the  beginning  of  a  new  session  ; 
only  beg  of  your  Lordships  to  consider  what  is  necessary  to  be 
be  done  with  our  neighbours  of  Maryland,  in  case  they  should 
not  be  willing  to  contribute  to  the  lighthouse  I  have  recom- 
mended as  absolutely  necessary  for  the  security  of  our  shipping  : 
for  I  can  get  no  answer   from   them  about  it,  notwithstanding 
it  will  be  of  much  more  usefulness  and  service  to  them,  than 
to   the  Virginia  ships  ;    for  at  present  we  can  go  to  sea  in  the 
night,  but  not  come  from  thence,  and  they  can  do  neither. 
I  hope  my  next  will  carry  such  a  relation  of  the  consultations 
of   our    Assembly,  as  will  be  agreable  to  your  Lordships  etc. 
Signed,    William   Gooch.     Endorsed,    Reed.    17th   April,    Read 
2nd  May,  1728.     Holograph.     1  p.     Enclosed, 

53.  i.  Address  of  the  Council  and  Burgesses  of  Virginia  to 
the  King.  Duplicate  of  No.  46  ii.  Endorsed,  Reed. 
17th  April,  1728.  Copy.  2  pp.  [C.O.  5,  1321, 
ff.  34,  S5v.-3Qv.,  37v.] 


AMERICA  AND   WEST  INDIES. 


37 


1728. 
Feb.  16. 

St.  James's. 


Feb.  16. 

Whitehall. 


Feb.  16. 

Whitehall. 


Feb.   16. 

St.  James's. 

Feb.  20. 

Whitehall. 


Feb.  20. 
Now 

Hampshire. 


54.  H.M.  Warrant  for  the  Bishop  of  London's  commission 
to   exercise   his   ecclesiastical   jurisdiction   in  the   Plantations. 
Countersigned,  Holies  Newcastle.     [C.O.  324,  36.     pp.  37-44.] 

55.  Council  of  Trade  and  Plantations  to  the    King.      Re- 
commend Col.  William  Randolph  for  the  Council  of  Virginia, 
in  place  of  Col.  Nath.  Harrison,  deed.     [C.O.  5,  1366.  p.  I.] 

56.  Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion  in 
point  of  law,  8  Acts  of  New  Hampshire,  1724,  1726,  1727.     [C.O. 
5,  916.    pp.  59,  60.] 

57.  Copy  of  Governor  Burnet's  Commission,  New  Hamp- 
shire.    [C.O.  5,  194.    ff.  117-138.] 

58.  Mr.    Popple    to    Robert    Chester.     My    Lords    Com- 
missioners' observing  by  a  Minute,  21st  Oct.,  1726,  that  you 
desire  to   be   heard  against  Mr.   Carlisle's  being  appointed  a 
Councillor  of  Antigua,  will  be  ready  to  hear  you  on  Friday  etc. 
[C.O.  153,  14.     p.  312.] 

59.  Lt.  Governor  Wentworth  to  the  Council  of  Trade  and 
Plantations.     Begins  with   duplicate   of  8th   Aug.,    1727,    and 
encloses  duplicate  of  Journal  of  Assembly  and  Naval  Officer's 
accounts  to  Dec.  25,  1727.     Continues  : — There  has  been  more 
negroes  imported  this  last  year  then  in  ten  years  before.     I 
suppose   the   reason    is    that   in   the   Massachusets   they  pay 
an  impost  of  four  pounds   p.    head,  and  in  this  Province  they 
are  imported  free.     As  to  the  King's  woods  in  this  Province 
we  have  secured  them  pretty  well,  tho'  we  have  warrants  out 
after  two  or  three  impudent  fellows,  who  was   discovered    by 
one  of  our  under  servayors.     They  had  cutt  down  one  tree 
that  was  marked  with  the  broad  arro,  by  an  officer  ten  years 
past  of  a  considerable  bigness.      Except  they  flye  the  country 
we  shall  have  them  before  the  Judge  of  Admiralty.     This  has 
been  a  greate  year  for  snow  and  such  seasons  the  pine  trees  are 
greately  destroyed,  we  haveing  [?been]  pritty  seveer  with  the 
logers  in  this  Province  they  have  for  severill  years  last  past 
bought   common   rights  in  the  Province  of  Mayne  where  they 
have  don  greate  spoil  on  the  pine  trees  last  and  this  winter 
more  espetially,  Mr.  Armstrong,  the  Deputy  Servayor,  has  been 
up  in  the  Country  and  seized  considerable  parcills  of  logs,  no 
doubt  but  thousands  of  good  pine  trees  fitt  for  H.M.  Royall 
[?Navy]  distroyed  have  been  distroyed  in  that  Province  this 
season  and  Mr.  Armstrong  is  going  to  Boston  to  apply  himself  to 
the  Judge  of  the  Admiralty  for  advice  in  order  to  his  furder 
proceedings.     I  hope  your  Lordships  in  your  greate  wisdom 
will  let  H.M.  know  the  nessity  of  some  seveer  act  to  be  made, 
and  that  quickley  otherwise  it  will  be  toe  late.     A  few  years 


38 


COLONIAL   PAPERS. 


1728. 


Feb.  20. 

Whitehall. 


Feb.  20. 

Tuesday. 


will  let  your  Lordships  know  it,  as  I  have  many  times  taken 
the  liberty  in  many  letters  to  mention  if  H.M.  has  in  the 
Massachusets  Charter  received  the  pine  trees  as  a  royalty 
to  himself,  why  may  not  an  act  be  passed  that  all  pine  trees  in 
townships  as  well  as  without,  be  reserved  for  the  King's  servis 
without  regard  to  either,  but  wherever  found  they  should  be 
preserved  as  above,  the  people  in  the  Province  of  Mayne  haveing 
had  such  liberty  for  many  years,  that  all  pine  trees  within 
townships  might  be  cutt  for  mill  logs,  as  they  pleased  that  it 
will  requier  somthing  strong  to  breake  them  off  of  ye  right. 
With  greate  submition  I  speak  it,  that  the  Act  of  King  George 
the  first  relateing  to  pine  trees,  dos  not  fully  answer  the  end 
designed.  My  Lords,  those  letters  from  Mr.  Faine,  allso  that 
from  the  King's  Attorney  Generall  and  Sollicitor  Generall 
those  gentlemen  explination  of  that  Act  of  the  right  of  King 
George  the  first  they  pay  but  little  regard  to  it,  and  say  that 
the  Act  of  Parliamt.  is  what  they  have  to  trust  too.  I  shall 
do  everything  in  my  power  to  preserve  the  pine  trees  in  this 
Province,  and  as  for  the  Massachusets  I  can  only  advise  your 
Lordships  from  time  to  time  how  the  affair  of  the  woods  are 
carried  on.  I  am  in  greate  hopes  your  Lordships  have  been 
pleased  to  bring  on  the  setling  the  lines  between  the  two 
Governmts.  it  would  greately  tend  to  the  ease  and  quiet  of  this 
Province  and  very  much  contribute  to  the  peopeling  the  same. 
I  allso  hope  that  our  agent  Mr.  Newan  has  or  will  succeed  in  his 
prayer  (in  this  Provinces  name)  for  stores  for  H.M.  Fort  William 
and  Mary  at  Newcastle,  which  has  for  severill  years  been  sollicited 
for,  and  wee  are  as  yet  in  hopes  of  suceedeing,  tho'  it  be  long 
first,  that  Castle  is  and  will  bee  in  good  repair  in  another  year, 
and  then  to  have  no  Stores  in  it  the  fortification  will  be  of  little 
use,  and  the  inhabitance  has  been  so  impoverished  by  a  long 
Indian  war,  that  they  are  not  able,  as  have  heretofore  set  forth 
to  your  Lordships.  Signed,  Jno.  Wentworth.  Endorsed,  29th 
April,  1728,  Read  23rd  May,  1729.  Holograph.  3  pp.  [C.O. 
5,  870.  ff.  232-233*;.] 

60.  Mr.  Popple  to  Col.  Spotswood.    My  Lords  Commissioners 
desire  your  opinion  as  soon  as  may  be  what  methods  you  conceive 
will  most  effectually  conduce  to  the  production  of  Naval  Stores 
in  the  Plantations,  and  what  you  think  may  have  occasioned 
the  late  obstruction  of  the  increase  thereof  etc. 

A  like  letter  was  writ  to  Mr.  Joshua  Gee  and  Robert  Gary. 
[C.O.  324,  11.     p.  62.] 

61 .  Duke  of  Montagu  to  the  Council  of  Trade  and  Planta- 
tions.    Since  I  left  your  Lordships  I  have  considered  the  pro- 
posal I  made  to  you  in  relation  to  the  four  and  a  halfe  per  cent., 
and  as  I  beleive  it  may  meet  with  dificultys,  therefore,  If  the 
planters  may  be  exempted  from  paying  it  for  the  first  ten  years, 


AMERICA   AND    WEST   INDIES. 


1728. 


I  am  willing  that  after  that  it  shoud  go  to  the  Crown,  without 
mentioning  any  consideration  to  be  made  me  for  what  I  may 
expend  in  makeing  of  fortifications,  in  your  Lordships'  report. 
Signed,  Montagu.  Endorsed,  Reed.  Read  20th  Feb.,  172;. 
Holograph.  1  p.  [C.O.  28,  19.  ff.  99, 


Feb.  21. 


[Feb.  21. 


62.  Col.  Hart  to  Mr.  Popple.     I  have  advice  from  Antegoa 
of  the  death  of  Thomas  Morris,  etc.     Reminds  him  that  Francis 
Carlisle,  whom   he    formerly  recommended,  is  minuted  for  the 
first  vacancy  in  the  Council  there.     Signed,  Jo.  Hart.     Endorsed, 
Reed.     Read  21st  Feb.,   172  J.     Holograph.     1  p.     [C.O.    152, 
16.    ff.  141,  142z;.] 

63.  Petition    of    Edward    Byam,    merchant    of    London, 
Recommends   Mr.    Carlile    as    preceding.     Hearing  there   is   a 
caveat  entered  against  him,  prays  for  a  day  for  the   considera- 
tion  thereof.     Endorsed   as  preceding.     1   p.     [C.O.    152,    16. 
ff.    143, 


Feb.  21.  64.  Mr.  Popple  to  Mr.  Carkesse.  My  Lords  Commissioners 
Whitehall,  being  informed  that  a  box  directed  to  their  Lordships  has 
remain'd  in  the  Custom  Warehouse  ever  since  the  17th  of  Jan. 
1725,  they  desire  that  the  same  may  be  delivered  to  the  bearer, 
and  that  if  any  box  or  packet  directed  to  them  should  for  the 
future  be  delivered  into  the  custody  of  your  Officers,  they  may 
be  immediately  acquainted  therewith  etc.  [C.O.  324,  11.  pp. 
62,  63.] 


Feb.  24. 

London. 


65.  Col.  Hart  to  Mr.  Popple.  Refers  to  his  letter  of  6th  Aug. 
1725  relating  to  the  complaint  of  M.  Garret  of  Guadeloupe  that 
one  Molineux  of  Montserrat  had  detained  14  negroes  of  his, 
who  had  run  away.  Continues : — Lt.  Govr.  George  returned 
me  answer,  that  he  was  informed,  but  could  not  prove,  the 
negroes  were  in  the  possession  of  Mr.  Molineux  etc.  The 
Attorney  and  Solicitor  General  of  the  Leeward  Islands  advis'd 
me  that  I  had  no  power,  as  Governor,  to  take  them  out  of 
the  hands  of  Molineux  :  but  that  Mr.  Garret  had  his  remedy 
at  law  ;  and  in  that  course  might  very  easily  recover  them. 
Governor  George  further  informed  me  that  the  said  Mr.  Molineux 
had  a  much  greater  number  of  negroes  run  from  him  to  the 
Island  of  Marygalante  :  and  that  he  had  applyed  himself  to, 
and  obtain'd  a  letter  from  Mr.  Hamilton,  late  Governor  of  the 
Leeward  Islands,  to  the  Governor  of  Marygalante  desiring  he 
might  be  restord  to  the  said  negroes  :  and  that  Mr.  Molineux 
did  personally  apply  to  the  Governor  of  Marygalante  for  that 
end,  without  redress  ;  though  Mr.  Molineux  saw  his  negroes 
in  the  possession  of  some  of  the  inhabitants  of  that  Island. 

I  must  desire  that  you  will  mention  to  their  Lordships  :  that 
notwithstanding  it  is  stipulated  by  the  Treaty  of  Utrecht, 


COLONIAL   PAPERS. 


1728. 

that  the  damages  done  to  the  inhabitants  of  Mountserrat  by  the 

French  under  the  command  of  Monsieur  Cossart  in  July,  1712, 

should  be  adjusted  by  Commissaries  of  each  nation,  yet  from 

that  time  to  this  the  poor  sufferers  have  receivd  no  releif ; 

which  amounts  to  the  sume  of  £204,406  0*.  lOd.  as  will  appear 

by  the  inclosed  list  of  their  losses,  which  I  desire  you  will  lay 

before  their  Lordships,  to  take  such  measures  as  their  Lordships 

may  judge  proper  to  the  occasion.     Signed,  Jo.  Hart.     Endorsed, 

Reed.  Read  29th  Feb.,  172|.     Holograph.     2£  pp.     Enclosed, 

65.  i.  Account  of  the  losses  given  in  upon  oath  by  the  severall 

inhabitants  [of  Mountserrat]  sustained  by  the  attack 

made  by  the  French  under  the  command  of  Monsr. 

Cassart  in  the  year  1712. 

Names  and  Losses  of  271  claimants.     Damages  claimed  for 
the  (i)  Leeward  Division,   £172,874   15s.   3|d. 
(ii)  Northward  Division,  £17,939  5*.  8%d. 
(iii)  Windward  Division,  £10,027. 
(iv)  White   River  Division,  £3,565  9s.  Id. 
Certified  by  the  President  and  Council,  Nov.  1719,  as  a  true 
copy  of  the  accounts  of  the  losses  sustained  by  the 
inhabitants  by  the  said  invasion,  brought  in  and  sworn 
to  in  pursuance  of  the  order  of  the  Government  "  that 
all  persons  that  were  sufferers  by  the  said  invasion 
should  bring  in  and  attest  upon  oath  before  certain 
Magistrates    by    the    said    Government    appoynted." 
Endorsed    as   preceding.     Copy.     6f   pp.     [C.O.    152, 
16.    ff.  145-151.] 

Feb.  26.        66.     Order    of   King   in    Council.     Approving    draughts    of 
St.  James's.  Instructions  for  Governor  the  Earl  of  Orkney.     Signed,  Temple 

Stanyan.     Endorsed,    Reed.    29th,    Read    30th    April,     1728. 

l^pp.     [C.O.  5,  1321.    ff.  18,  I8v.,  19v.] 

Feb.  26.         67.     Order  of  King  in   Council.     Appointing  Col.   William 
st.  James's.  Randolph  to  the  Council  of  Virginia  in  the  room  of  Col.  Nathaniel 

Harrison,    deed.     Signed  and  endorsed  as  preceding.     1^  pp. 

[C.O.  5,  1321.     ff.  20,  20v.,  21v.] 

Feb.  27.        68.     Council  of  Trade  and  Plantations  to  the  Duke  of  New- 
Whitehaii.    castle.     In  obedience  to  H.M.  commands,   23rd  Jan.,  enclose 
following  to  be  laid  before  H.M.     Autograph  signatures.     1  p. 
Enclosed, 

68.  i.  Same  to  the  King.  Representation  upon  the  petition 
of  the  Duke  of  Montagu.  Tobago  is  one  of  your 
Majesty's  Windward  Charibbee  Islands,  which  alltho' 
it  be  comprehended  in  the  Commission  of  your 
Majesty's  Governor  of  Barbados,  has  never  been 
settled,  and  produces  no  revenue  to  the  Crown,  nor 
is  of  any  advantage  to  this  Kingdom.  It  would 


AMERICA  AND   WEST  INDIES.  41 

1728. 

therefore  undoubtedly  be  for  your  Majesty's  service, 
that  the  same  should  be  effectually  settled  and  planted  ; 
for  which  reason  as  well  as  for  those  set  forth  in  the 
Duke  of  Montagu's  petition,  we  are  humbly  of  opinion, 
that  in  consideration  of  the  surrender  of  the  aforesaid 
patent  for  Sta.  Lucia  and  St.  Vincents,  your  Majesty 
may  be  graciously  pleased  to  grant  the  Island  of  Tobago 
to  the  Duke  of  Montagu,  upon  the  same  terms  with 
those  contained  in  the  patent  for  Sta.  Lucia  and  St. 
Vincents,  except  only  in  the  particulars  upon  which 
we  shall  humbly  take  leave  to  make  the  following 
observations  ;  As  we  have  found  by  experience  that 
all  Proprietary  Colonies,  where  the  Government  is  not 
in  the  Crown,  are  highly  detrimental  to  your  Majesty's 
service,  and  to  the  welfare  of  Great  Britain  ;  in  case 
your  Majesty  should  be  pleased  to  grant  the  island 
of  Tobago  to  the  Duke  of  Montagu,  it  will  be  requisite 
that  particular  care  be  taken  to  reserve  to  your 
Majesty,  and  to  your  heirs  and  successors,  the  absolute 
sovereignty,  dominion,  and  government,  of  Tobago, 
in  as  full  and  ample  manner  as  your  Majesty  does  now 
or  may  exercise  the  same  in  your  Island  of  Barbados. 
By  the  aforesaid  patent,  not  only  the  office  of  Captain 
General  and  Governor  in  Chief  is  granted  to  his  Grace, 
and  his  heirs  for  ever,  with  power  to  appoint  a  Deputy- 
Governor,  subject  to  the  approbation  of  your  Majesty, 
but  likewise  the  power  of  exercising  several  authorities, 
which  have  ever  been  esteemed  part  of  the  Royal 
prerogative,  and  which,  according  to  our  humble 
opinion,  ought  not  to  be  inserted  in  the  grant  now 
petitioned  for  ;  But  we  conceive,  it  may  be  for  your 
Majesty's  service,  that  his  Grace  should  be  appointed 
Captain  General  and  Governor  during  his  life,  with 
the  usual  powers,  and  authorities,  granted  by  Com- 
mission and  Instructions  to  your  Majesty's  Governors 
of  Barbados  ;  and  that  the  Deputy  Governor  be  from 
time  to  time  named  by  his  Grace,  and  approv'd  by 
your  Majesty,  and  that  he  may  be  removed  either  by 
your  Majesty,  or  by  his  Grace  at  pleasure.  The  Duke 
of  Montagu  proposes,  that  the  planters  in  Tobago 
may  be  exempted  from  paying  the  duty  of  4|  p.  cent, 
on  the  exportation  of  the  product  of  that  Island,  for 
the  space  of  ten  years  from  the  date  of  the  grant,  as 
an  incouragement  to  all  new  settlers  ;  and  in  con- 
sideration thereof,  his  Grace  is  willing  that  after  the 
expiration  of  the  time  limited  for  his  Government,  all 
fortifications  made  there,  shall  be  absolutely  vested 
in  your  Majesty,  without  paying  anything  for  the 
same,  and  we  are  humbly  of  opinion,  it  may  be  for  your 


42  COLONIAL   PAPERS. 

1728. 


Majesty's  service  to  indulge  the  Duke  of  Montagu  in 
this  proposal.  By  the  words  of  the  Duke  of  Montagu's 
grant  for  Sta.  Lucia,  the  right  of  fishing  within  the 
distance  of  twenty  miles  from  the  shoar  is  absolutely 
given  to  his  Grace  ;  But  we  would  humbly  propose 
that  the  inhabitants  of  Barbados  and  all  other  your 
Majesty's  subjects  may  be  allow'd  the  liberty  of  fishing 
anywhere  in  the  seas  contiguous  to  Tobago,  reserving 
only  to  the  Duke  of  Montagu  and  to  his  heirs,  the 
exclusive  right  of  fishing  and  of  all  other  accidental 
profits  accruing  within  low-water  mark,  as  hath  been 
usual  in  several  grants  to  Lords  of  Manors,  in  this 
Kingdom.  In  his  Grace's  grant  of  Sta.  Lucia,  the 
laws  of  England  relating  to  property  in  lands,  goods, 
chatles,  and  estates,  or  relating  to  criminal  matters 
are  to  be,  and  continue  in  force  untill  they  be  legally 
alter'd  by  laws  to  be  made  in  that  Island  ;  But  as  so 
general  a  liberty  may  be  attended  with  some  incon- 
venience, we  think  it  will  be  adviseable,  that  the  laws 
of  England  to  be  put  in  force  in  Tobago,  should  be 
upon  the  same  foundation,  and  only  such,  as  have 
been  heretofore  used  in  Barbados.  By  another  clause 
in  the  said  grant  the  Duke  or  his  Deputie  are  authoriz'd 
to  appoint  twelve  Councillors,  with  the  full  power  to 
make  ordinances  for  the  defence,  improvement,  and 
good  Government  of  the  Island,  till  an  Assembly  can 
be  settled  ;  and  we  have  no  objection  to  his  Grace's 
appointing  the  first  twelve  Councillors  in  Tobago ; 
but  we  are  humbly  of  opinion,  that  all  future  Councillors 
of  this  Island,  should,  like  those  in  your  Majesty's 
other  Plantations,  be  appointed  by  your  Majesty. 

By  a  clause  in  the  grant  of  Sta.  Lucia  and  St.  Vin- 
cents to  his  Grace,  power  is  given  to  the  General 
Assembly  of  the  said  Islands  to  make  laws  ;  provided 
they  be,  as  near  as  may  be,  consonant  to  the  laws  and 
statutes  of  this  Kingdom,  and  provided  that  a  transcript 
thereof  be  within  twelve  months,  or  sooner  after  the 
making  of  such  laws,  transmitted  under  the  seal  of 
the  Governor,  or  Deputy  Governor,  to  your  Majesty 
for  your  Royal  approbation  or  disallowance.  But 
as  in  all  your  Majesty's  other  Governments  in  America, 
the  Governors  are  directed  by  their  Instructions  to 
transmit  copies  of  such  laws  as  shall  be  there  pass'd, 
to  your  Majesty  within  three  months,  or  by  the  first 
oppertunity  of  conveyance  after  their  being  enacted  ; 
it  is  humbly  proposed  that  his  Grace  be  under  the  same 
restriction  in  this  particular  as  the  Governors  of  Bar- 
bados. [C.O.  29,  14.  pp.  433-438 ;  and  (covering 
letter  only]  285,  2.  No.  5.] 


AMERICA  AND   WEST   INDIES.  43 


1728. 

Feb.  27.  69.  Council  of  Trade  and  Plantations  to  the  King.  Repre- 
.  sentation  upon  Act  of  St.  Christophers  against  covenous  and 
fraudulent  conveyances  etc.  Mr.  Smith,  Secretary  of  the  Lee- 
ward Islands,  alledges  deeds  and  mortgages  have  for  many 
years  past  been  frequently  registered  or  inrolled  in  the  Secre- 
tary's office  of  that  island,  and  certain  establish'd  fees  paid  to 
the  Secretary  for  the  same,  which  fees  will  be  lost  to  him,  in 
case  this  Act  should  take  effect :  as  to  the  Act  in  general,  he  has 
no  objection,  but  insists  that  by  virtue  of  his  present  office,  he 
ought  to  have  been  appointed  the  Register  in  this  Act,  and 
conceives  that  the  appointment  of  an  officer  for  this  purpose 
should  have  been  left  to  the  Crown  ;  he  likewise  observes  that 
the  fees  taken  in  his  office  for  entring  of  deeds,  are  much  less 
than  those  appointed  by  this  Act.  In  support  of  the  Act  it  was 
alledged,  that  the  office  of  Register  of  any  kind,  is  not  granted 
by  express  words  in  his  late  Majesty's  patent  to  Mr.  Smith,  and 
altho'  he  and  his  predecessors  have  casually  injoy'd  a  benefit 
from  the  involuntary  inrollment  or  registering  of  deeds  and 
mortgages  in  the  Secretary's  office  there,  yet  it  did  by  no  means 
follow  from  thence  that  the  Legislature  of  St.  Christophers 
should  be  debarr'd  from  erecting  a  Registrar's  Office  by  Act  of 
Assembly,  for  quite  different  purposes  than  those  for  which 
deeds  were  inrolled  in  the  Secretary's  Office  ;  and  as  the  profit 
arising  to  him  therein  was  accidental  and  inconsiderable,  the 
loss  would  be  accidental  likewise,  and  could  not  be  look'd  upon 
as  an  injustice.  As  to  the  appointment  of  an  Officer,  they 
observed,  that  this  Act  could  have  no  effect  till  your  Majesty's 
pleasure  should  be  declared  thereupon,  tho'  they  conceiv'd 
the  Crown  had  already  decided  this  point  in  the  case  of  the 
Register's  Act  passed  in  1698,  and  approved  by  the  Crown  in 
1700,  where  the  appointment  of  an  officer  for  that  purpose  is 
made  in  the  same  terms  with  those  of  the  present  Act.  It  was 
likewise  further  alledged  in  behalf  of  the  Act,  that  the  aforesaid 
law  of  Antigua  has  proved  a  great  advantage  to  that  Island  ; 
that  the  example  of  Antigua  had  induced  the  Legislature  of  St. 
Christophers  to  think  of  passing  a  law  of  like  nature,  and  many 
attempts  had  been  made  at  different  times,  for  that  purpose, 
which  had  proved  fruitless,  by  reason  of  disputes  between  the 
Council  and  Assembly  upon  the  nomination  of  a  Register ; 
and  if  the  present  Act  should  miscarry,  it  was  to  be  apprehended 
the  like  disputes  might  again  arise,  and  deprive  the  island  of  the 
benefit  of  so  advantagious  a  law  etc.  Finding  that  the  main 
objection  to  this  Act,  is  the  loss  of  a  casual  profit  to  the 
Secretary's  office,  we  are  humbly  of  opinion  that  the  same  ought 
not  to  stand  in  competiton  with  so  great  and  general  a  good  as 
in  all  probability  will  result  to  the  inhabitants  and  commerce 
of  St.  Christophers  from  this  Act.  Propose  H.M.  approbation 
etc.  [C.O.  153,  14.  pp.  313-316.] 


44 


COLONIAL   PAPERS. 


1728. 
Feb.  27. 

Whitehall. 


Feb.  28. 

Whitehall. 


Feb.  28. 

London. 


Feb.  29. 

St.  James's. 


Feb.  29. 

St.  James's. 


Feb.  29. 

St.  James's. 


70.  Mr.    Popple    to    Sir    William    Codrington.     Observing 
that  you  have  been  long  absent  from  the  Council  of  Antego  etc. 
my  Lords  Commissioners  desire  you  will  let  them  know,  as 
soon  as  possible,  whether  and  when  you  intend  to  return  etc. 
[C.O.  153,  14.     p.  312.] 

71 .  Mr.  Popple  to  Lt.  Governor  Wentworth.     Acknowledges 
letters  etc.  of  7th  Aug.  and  25th  Sept.     Continues  :   As  to  what 
you  wrote  with  respect  to  the  waste  committed  in  the  King's 
woods  etc.,  their  Lordships  having  that  matter  now  under  their 
consideration,  proper   care  will  be  forthwith   taken  to  prevent 
the  same  for  the  future.     My  Lords  observe  that  you  attribute 
(7th  Aug.)  the  trade  of  New  Hampshire  being  at  a  stand,  partly 
to  the  war  with  Spain,  and  partly  to  the  want,  you  say,  you  are 
in,  of  a  greater  currency  in  paper  money  etc.     My  Lords  are  of 
opinion,  the  first  of  these  reasons,  is  the  real  cause  of  the  stag- 
nation of  trade  ;    for  could  the  200,000  quintals  of  fish,  wch. 
you  say,  now  remain  in  the  country,  for  want  of  the  usual 
number  of  ships  to  export  the  same,  be  dispos'd  of,  it  would 
give  a  greater   life  to  the  trade  of  New  Hampshire,  than  the 
creating  £300,000  in  bills  of  credit,  as  you  propose.     [C.O.  5, 
916.     p.  61.] 

72.  Robert  Cary  to  Mr.  Popple.     Reply  to  20th  Feb.     The 
merchants    tradeing  to  Virginia,   Carolina  and  New  England 
had  a  meeting  last  night  to  consider  the  necessary  relateing 
to  the  production  of  navall  stores  in  ye  Plantations,  desired 
that  I  would  acquaint  you  that  ye  last  time  they  attended 
your  Lords  for  Trade,  [they  informed  them  ?]  that  ye  pitch  and 
tarr  trade  must  of  necessity  be  laid  aside  if  a  bounty  of  7s.  6d. 
could  not  be  obtained  for  the  encouragement  of  importation, 
which  if  granted  the  trade   will  revive  again  and  ye   Navy 
plentifully  supplyed  as  to  hemp  and  iron  we  refer  you  to  Col. 
Spotswood.     Signed,    Robert    Cary.      Endorsed,    Reed.     Read 
28th  Feb.,  172|.     \p.     [C.O.  323,  8.     No.  84.] 

73.  H.M.  warrant  for  re-appointment  of  George   Clarke  as 
Secretary  of  New  York,  "  during  Our  pleasure  and  his  residence." 
Countersigned,  Holies  Newcastle.     [C.O.  324,  36.    p.  25  ;    and 
324,  50.     pp.  64,  65.] 

74.  H.M.  warrant  for  re-appointment  of   John  Henderson 
as  Attorney  General  of  Jamaica,  "  to  execute  the  said  office  in 
his  own  person  except  in  case  of  sickness  or  other  incapacity." 
Countersigned,  Holies  Newcastle.     [C.O.  324,  36.     p.  26.] 

75.  H.M.  warrant  for  re-appointment  of  Thomas  Windham 
as   Register  of  Chancery   Court  and   Patent  in   Jamaica.     A 
clause  to  be  inserted  obliging  him  to  residence.     Countersigned, 
Holies  Newcastle.     [C.O.  324,  36.     p.  27  ;   and  324,  50.     p.  2.] 


AMERICA   AND   WEST   INDIES. 


45 


1728. 
Feb.  29. 

St.  James's. 


76.  H.M.  warrant  for  re-appointment  of  Josiah  Willard  as 
Secretary  of  the  Massachusetts  Bay,  "  during  Our  pleasure  and 
his  residence."  Countersigned,  Holies  Newcastle.  [C.O.  324, 
36.  p.  28  ;  and  324,  50.  pp.  53,  54.] 


Feb.  29.         77.     H.M.  warrant  for  re-appointment  of   John  Floyer  as 
St.  James's.    Clerk  of  the  Navy  Office  in  the  Leeward  Islands,  to  act  by  himself 

or  Deputy.     Countersigned,  Holies  Newcastle.     [C.O.  324,  36. 

pp.  29,  30  ;    and  324,  50.     pp.  36,  37.] 

Feb.  29.         78.     H.M.  warrant  for  re-appointment  of  Alexander  Hender- 

st.  James's,  son  as  Attorney  General  of  Jamaica,  "  to  execute  the  said  office 

in  his  own  person  except  in  case  of  sickness  or  other  incapacity." 

Countersigned,  Holies  Newcastle.     [C.O.  324,  36.     pp.  31,  32  ; 

and  324,  50.  p.  I.] 

Feb.  29.        79.     H.M.  warrant  for  re-appointment  of  Jonathan  Blenman 
St.  James's,    as  Attorney  General  of  Barbados,   with  proviso  as  preceding. 

Countersigned,  Holies  Newcastle.     [C.O.  324,  36.     pp.  32,  33  ; 

and  324,  50.     pp.  21,  22.] 


Feb.  29. 

St.  James's. 


80.  H.M.  warrant  for  re-appointment  of  Richard  Bradley 
as  Attorney  General  of  New  York,  "  during  Our  pleasure  and 
his  residence."  Countersigned,  Holies  Newcastle.  [C.O.  324, 
36.  pp.  34,  35  ;  and  324,  50.  pp.  66,  67.] 


Feb.  29.        81.     H.M.  warrant  for  re-appointment  of   James  Smith  as 

st.  James's.    Secretary  of  New  Jersey,  with  proviso  obliging  him  to  residence 

and   not   to   be   absent   without   H.M.   leave.      Countersigned, 

Holies  Newcastle.     [C.O.  324,  36.     pp.  48,  49  ;    and  324,  50. 

pp.  73,  74.] 


Feb.  29. 

St.  James's. 


82.  H.M.  warrant  for  re-appointment  of  John  Clayton  as 
Attorney  General  of  Virginia  "  during  Our  pleasure  and  his 
residence."  Countersigned,  Holies  Newcastle.  [C.O.  324,  36. 
pp.  49,  50  ;  and  324,  50.  pp.  81,  82.] 


Feb.  29.        83.     H.M.  warrant  for  re-appointment  of  George  Tucker   as 
St.  James's.    Provost  Marshal  of  Bermuda,  "  during  Our  pleasure,  and  his 

residence."     Countersigned,   Holies   Newcastle.     [C.O.   324,   36. 

pp.  51,  52  ;    and  324,  50.     pp.  46,  47.] 


Feb.  29.        84.     H.M.  warrant  for  re-appointment  of  Alexander  Burnet 
st.  James's,   as  Clerk  of  the  Markets  in  Barbados,  "  during  Our  pleasure." 

Countersigned,  Holies  Newcastle.     [C.O.  324,  36.     pp.  52,  53  ; 

and  324,  50.     pp.  22,  23.] 


46 


COLONIAL   PAPERS. 


1728. 
Feb.  29. 

St.  James's. 


Feb.  29. 

St.  James's. 


Feb.  29. 

St.  James's. 


Feb.  29. 

St.  James  V. 


[Feb.  ?] 


Feb.  29. 

St.  James's. 


Feb.  29. 

St.  James's. 


March  [2]. 

London. 


85.  H.M.    warrant  for  re-appointment  of  Devereux  Bacon 
as  Naval  Officer  at  Piscataway,  with  a  proviso  for  his  residence 
etc.     Countersigned,  Holies  Newcastle.     [C.O.  324,  36.     pp.  62, 
63  ;    and  324,  50.     pp.  54,  55] 

86.  H.M.    warrant   for    re-appointment    of    Lewis    Morris 
as  Chief  Justice  of  New  York,  "  during  Our  pleasure  and  his 
residence."     Countersigned,   Holies  Newcastle.     [C.O.   324,   36. 
pp.  104,  105  ;    and  324,  50.     pp.  67,  68.] 

87.  H.M.  warrant  for  re-appointing  Robert  Lettice  Hooper 
Chief  Justice  of  New  Jersey,   "  during  Our  pleasure  and  his 
residence."     Printed,  N.J.  Arch.  1st  Ser.  V.  185.     [C.O.  324, 
36.     pp.  106,  107  ;   and  324,  50.     pp.  75,  76.] 

88.  H.M.    Commission  appointing  Philip  Livingstone  Town 
Clerk,  Clerk  of  the  Peace  and  Clerk  of  the  Common  Pleas  in  the 
County  and  City  of  Albany,  N.Y.,  and  Secretary  or  Agent  for 
the  Government  to  the  Indians  in  those  parts  with  the  salary  of 
£100  sterling  to  be  paid  out  of  H.M.  Revenue  etc.    Countersigned, 
Holies   Newcastle.     Set   out,    N.Y.    Hist   Soc.    Publ.    II.    509. 
[C.O.  324,  36.     pp.  114,  115  ;   and  324,  50.     pp.  69,  70.] 

89.  Draft  of  letter  from  [?  Duke  of  Newcastle]    to    Mr. 
Attorney  General.     Encloses  petition  of  Duke  of  Montagu  for 
grant  of  Tobago,  (v.  23rd  Jan.)  and  representation  of  Council  of 
Trade  (v.  27th  Feb.).      Concludes :    H.M.  would  have  you  con- 
sider this  matter  and  prepare  such  a  draught  of  a  grant  as  you 
shall  think  fit  proper  "  etc.     Without  date  or  signature. 

In  Mr.  Delafaye's  hand,     f  p.     [C.O.  285,  2.     No,  6.] 

90.  Order  of  King  in  Council.     Referring  to  Committee  of 
Council  representation  of  27th  upon  Act  of  St.  Kitts  against 
covenous    and   fraudulent    conveyances    etc.       Signed,    Temple 
Stanyan.     Endorsed,  Reed.  29th,  Read  30th  April,  1728.     1  p. 
[C.O.  152,  16.     ff.  324,  8250.] 

91 .  Order  of  King  in  Council.     Referring  to  Committee  of 
Council  petition  of  Wavell  Smith  and  Savile  Cust  against  an 
Act  of  St.  Kitts  for  erecting  a  new  office  for  registering  deeds,  wills 
and    conveyances.     Signed    and    endorsed    as   preceding.     1    p. 
[C.O.  152,  16.    ff.  326,  327  v.] 

92.  Sir  William  Codrington  to  Mr.   Popple.     In  reply  to 
enquiry,  states  that  he  intends  to  return  to  Antigua.     "  I  have 
waited  onely  to  have  some  appeales  sent  me  from  thence  and 
Barbados.     I  have  one  now  that  lies  before  the  Council  for  ten 
or    twelve    thousand    £s    and    expect    one     from    Barbados 
and  two  more  from  Antigoa  for  considerable  sums,  wch.  I 


AMERICA   AND   WEST   INDIES. 


47 


1728. 

in  hope  to  have  had  over  before  this,  but  ye  Lt.  Generall 
Mathewes  will  not  heare  any  causes  untill  my  Lord  Londonderry 
arrives,  therefore  I  intreat  their  Ldsps.  will  be  so  good  as  to 
grant  me  leave  for  two  yeares  longer "  etc.  Signed,  W. 
Codrington.  Endorsed,  Reed.  2nd,  Read  5th  March,  172$. 
Holograph.  2  pp.  [C.O.  152,  16.  //.  156,  157,  157z;.] 

March  4.       93.     Mr.  Shute  to  Mr.  Popple.     In  reply  to  enquiry,  recom- 

st.  James's,    mends  Samuel  Penhallow  jr.  and  -  -  Atkison  to  supply  two 

vacancies  in  the  Council  of  New  Hampshire  caused  by  the  death 

of   S.    Penhallow    sr.    and   George  Vaughan.     Signed,  Samuel 

Shute.    Endorsed,  Reed.  Read  5th  March,  172|.    1  p.    Enclosed, 

93.  i.  List  of  Councillors  of  N.H.  and  persons  recommended 

to  fill  vacancies.     1  p.     [C.O.  5,  870.    ff.  53,  54,  5Qv.] 

March  4.  94.  Col.  Spotswood  to  the  Council  of  Trade  and  Plantations. 
London.  cj-  20th  Feb.  Abstract.  Hopes  he  has  not  been  too  particular 
in  displaying  the  discouragements,  which  he  knows  to  have 
put  a  stop  to  the  raising  naval  stores  in  Virginia.  As  the  person 
who  raised  and  imported  the  hemp  which  the  Lords  of  the 
Admiralty  observe  to  be  as  good  as  the  best  Riga  (v.  15th  Feb.), 
it  behoved  him  to  account  for  his  giving  over  that  manufacture, 
and  losing  the  stock  of  proper  seed,  which  he  had  with  great 
industry  propagated  etc.  Continues  :  From  my  first  residence 
in  America,  I  fell  into  the  way  of  thinking,  how  the  British 
Plantations  might  be  made  stil  much  more  useful  to  their 
Mother-country  etc.,  by  supplying  her  with  all  kinds  of  naval 
stores,  and  rescuing  her  from  precarious  dependance  on  the 
Northern  Crowns  etc.  For  it  was  with  no  small  concern  that, 
in  my  passage  to  Virginia,  in  1710,  I  observed  in  each  of  our 
men  of  war,  two  Muscovites  walking  the  quarter  deck,  to  learn 
our  art  of  navigation  ;  and  understood  that  this  privilege  was 
allowed  them  for  the  sake  of  the  hemp,  which  we  were 
necessitated  to  bring  from  their  Prince's  country.  Nor  was  it 
a  more  agreeable  reflection,  how  in  the  beginning  of  the  last 
war,  we  were  forced  to  court  the  Sweed  to  let  us  have  tar  to 
fit  out  our  Fleet.  And  how  did  our  want  of  iron,  from  the 
same  Nation,  make  us  bear  with  all  those  injuries  and  insults 
which  were  committed  in  1717  upon  our  ships  in  the  Baltick  ? 
These  considerations,  together  with  His  late  Majesty's  Speech 
to  the  Parliament,  for  promoting  naval  stores  in  our  own  Plan- 
tations animated  me  to  try  whether  our  aforesaid  wants  of  hemp, 
tar  and  iron  could  not  be  produced  in  Virginia  etc.  May 
challenge  the  Nation  to  shew  the  man,  who  has  embarked  so 
extensively  as  himself  in  the  undertaking,  or  pursued  it  with 
more  zeal  for  his  country's  service  etc.  Continues  :  I  not  only 
ingaged  as  many  of  the  inhabitants  as  I  could  persuade  etc.,  to 
enter  upon  raising  the  said  stores,  but  I  also  joyned  myself,  for 
example  sake,  in  partnership  with  several  persons  of  substance, 


48  COLONIAL   PAPERS. 

1728. 

to  lead  or  carry  on  the  design  :  and  for  that  purpose  we  took  up, 
after  the  usual  manner  of  Virginia,  55,000  acres  of  the  Crown's 
desart  and  ungranted  lands  ;  whereof  one  tract  of  40,000  acres, 
having  some  very  rich  grounds,  mixt  with  a  great  deale  of 
piney  lands,  we  appropriated  to  the  production  of  hemp,  tar 
and  pitch  ;  and  the  other  tract  of  15,000  acres  having  abundance 
of  good  iron  oar,  was  set  apart  for  the  iron  project.  Then  to 
seat  and  settle  these  lands,  and  to  carry  on  our  works,  we  built 
upwards  of  fourscore  houses,  and  imported  above  300  persons 
and  particularly  the  hemp  and  tar  tract  we  seated  with  30 
plantations  of  German  tennants,  consisting  of  above  100  people, 
whose  charges  of  importation  into  the  country  we  mostly 
defray'd,  and  provided  them  with  houses,  working  tools,  cattle, 
and  all  necessaries  to  make  their  new  settlements  etc.,  allowing 
them  5  years  to  reimburse  us  our  bare  expences  on  their  account, 
without  paying  any  interest  for  that  time,  or  any  rent  for  the 
first  three  years  ;  and  thereafter  their  annual  rent,  for  the  land 
they  held  of  us,  was  to  be  so  moderate,  as  one  pound  weight  of 
hemp,  or  flax,  for  each  acre.  Besides  I  had,  of  my  own  separate 
property,  a  very  considerable  plantation,  stocked  with  some 
of  the  best  of  my  negroes,  and  managed  by  a  skilful  and  long 
experienced  Englishman  ;  who  contracted  for  himself  and  his 
sons  to  instruct  in  the  art  and  mystery  of  raising  hemp  and 
flax,  all  such  servants  and  slaves,  as  I  should  place  under  their 
direction  :  and  as  we  engaged  to  push  on  the  said  concern  wth. 
vigour,  I  spared  no  cost  in  providing  all  the  needfull  houses, 
machines  and  materials,  and  in  procuring  seed  from  England, 
Riga  and  other  parts.  But  experience  shewed  us  that  no  seed 
answered  so  well,  as  a  certain  wild,  or  accidental  seed,  wch. 
we  found  in  the  country,  and  which  I  therefore  was  very  careful 
to  propagate,  as  well  as  ready  to  supply  my  neighbours  with. 
For  I  perceived  people  in  Virginia  were  discouraged  from  pro- 
ceeding on  hemp,  by  the  ill-success  they  had  in  raising  it  from 
the  seed :  some  having  been  disapointed  by  being  furnished 
from  England  with  bad  seed ;  others  by  sowing  old  seed 
(without  knowing  that  hemp  seed  generally  sprouts  in  the  first 
spring,  altho'  not  put  in  the  ground  ;  and  seed  once  sprouted, 
before  sown,  will  produce  nothing),  and  all  adventurers  in 
general  failed,  by  not  making  a  due  observation,  how  the  seed 
and  grain,  of  the  growth  of  the  Northern  parts  of  Europe,  ripen 
a  month  sooner  in  our  America,  and  that  the  hemp  runs  too 
hastily  to  seed,  before  the  stalk  grows  to  any  considerable 
length.  Whether  that  property  may  not  be  altered  by  often 
sowing,  I  am  not  certain  ;  but  this  I  know,  that  I  sowed  it  for 
two  years,  without  any  visible  amendment :  and  that  hemp, 
which  I  sent  home,  and  proved  after  various  tryals  in  Woolwich 
Yard  to  be  considerably  superiour  to  the  best  Russia,  and  equal 
in  strength  to  the  best  Riga  hemp,  was  made  from  the  above- 
mentioned  wild  seed,  As  to  the  tar  concern,  an  house  built 


AMERICA   AND   WEST   INDIES.  49 

1728. 

amidst  the  pine  woods,  and  tar  burners  set  to  work  ;  who  made 
tar,  which  was  found  to  be  far  better  than  what  was  commonly 
made  in  the  low  lands  of  Virginia  and  Carolina.  But  whether 
this  excelling  quality  was  owing  to  ours  having  been  produced 
from  the  upland  pines  ;  or  that  we  hapened  to  let  our  tar  lye 
mellowing  a  long  while  in  open  pits  without  barrelling  it  up, 
with  it's  fiery  quality  for  immediate  exportation  or  sale  ;  as  is 
usually  done  ;  or  whether  the  peculiar  skill  of  our  tar-burners 
bettered  the  commodity,  we  had  not  experience  enough  to 
decide  :  because  we  were  obliged  to  put  a  stop  to  that  kind  of 
manufacture,  by  the  Act  of  Parliament  coming  over,  and 
prescribing  a  new  method  to  be  observed  in  the  making  of  tar. 
Hereupon  we  considered  how  greatly  the  consumption  of  pine- 
trees  would  be  encreased  by  this  new  method,  since  we  were 
to  be  debarred  extracting  from  the  knots  of  light-wood,  and 
decayed  limbs  of  trees  (which  were  always  to  be  found 
plentifully  scattered  upon  the  ground  throughout  the  pine 
woods)  and  even  from  whole  groups,  of  some  hundreds,  of  pine- 
trees,  wch.  we  often  behold,  all  on  a  sudden,  to  sicken  and  dye 
together,  as  if  they  grow  from  one  common  root ;  for  altho' 
the  sap  and  wood  of  those  trees  will  rot  and  moulder  away,  yet 
the  fat  substance,  of  which  the  tar  is  made,  never  perishes  or 
consumes  by  anything ;  but  by  fire  :  and  since  we  were  hereafter 
to  draw  our  tar  from  no  other,  than  live  standing  pines,  we  must 
destroy  trees,  of  perhaps  three  score  and  four  score  foot  in 
length,  for  the  sake  of  burning  only  eight  foot  at  the  stump. 
Besides  we  considered  that  people  had  ever  taken  the  liberty 
to  gather  up,  and  use  the  lightwood-knots,  wch.  they  found 
upon  the  ungranted  lands  ;  and  that  even  such  Proprietors  of 
land,  as  had  no  design  of  making  tar  themselves,  would  scarce 
refuse  a  neighbour  to  disencumber  his  ground  of  them  :  but  to 
cut  down  a  tree,  for  ye  making  tar,  would  be  deemed  a  trespass, 
and  not  easily  allowed  of.  Wherefore  we  concluded  upon  the 
expediency  of  enlarging  our  surveys  of  land,  and  two  tracts, 
wch.  then  amounted  to  about  14,000  acres,  are  encreased  to 
the  above-mentioned  large  tract  of  40,000  acres.  But  after  a 
great  number  of  pine  trees  had,  not  only  by  me,  but  by  several 
other  adventurers,  been  barked  and  managed  according  to 
the  directions  in  the  Act  of  Parliament,  I  never  could  hear  of 
any  one's  succeeding  to  make  tar  after  that  new  method.  And 
at  last,  that  I  might  be  assured  there  was  no  neglect  in  those, 
who  were  to  tend  the  kiln,  I  was  myself  there,  both  by  night 
and  day  and  was  an  eye  wittness,  that  with  all  possible  care, 
we  did  not  get  one  barril  of  tar  out  of  twenty  trees  ;  notwith- 
standing the  remaining  parts  of  some  of  those  trees  were  so 
full  of  turpentine,  that  being  brought  to  the  saw-pit,  the  sawyers 
could  not  cut  above  one  foot,  without  stopping  to  clean  their 
saw.  So  that  if  the  East  Country  tar  be  made  after  the  manner 
prescribed  in  the  Act  (of  wch.  there  is  good  reason  to  doubt), 

C.P.  XXXVI— 4 


50  COLONIAL   PAPERS. 

1728. 

there  must  be  some  peculiar  skill  in  extracting  it,  wch.  we  are 
ignorant  of.  And  lastly  as  to  the  iron  concern  ;  my  partners 
and  I  went  roundly  to  work  and  set  up  the  first  furnace,  that 
ever  was  known  in  North  America,  for  casting  pig  and  sow  iron, 
and  tho'  we  miscaried  in  our  first  attempt,  by  the  failure  of 
our  hearth-stones,  yet  the  little  iron  which  we  sent  home,  was 
so  approved  of,  that  immediately  both  at  Bristol,  and  Berming- 
ham,  partnerships  were  formed  for  making  and  importing  pig- 
iron  from  America.  And  the  iron  wch.  I  have  since  imported  has 
grown  yearly  more  in  esteem  with  the  iron-masters  in  England 
who  find  it  the  best  in  the  world  for  some  certain  uses,  and  also 
that  they  being  mixed  at  the  forge  with  the  English,  proves  as 
tough  and  good  as  the  Sweedish  iron.  These  undertakings  were 
so  liked  by  many  of  the  Virginians,  that  several  persons  sold 
their  possessions  in  the  lower  parts  of  the  country,  and  removing 
with  their  wives  and  children,  with  their  servants  and  slaves, 
and  with  all  their  substance,  took  up  larger  tracts  of  land  in 
these  upper  parts,  where  I  was  carrying  on  the  aforementioned 
projects.  And  the  Assembly  for  the  encouragement  of  such 
adventurers,  as  well  as  for  better  securing  the  frontiers,  erected 
those  upper  parts  into  two  new  counties  ;  exempting  all  the 
inhabitants  thereof  from  paying  publick  taxes  for  ten  years  etc., 
and  petitioned  the  King  to  grant  them  an  exemption  from 
quit-rents  etc.  About  a  year  and  a  half  afterwards,  the 
Assembly  for  the  further  encouragement  of  naval  stores,  passed 
an  Act,  whereby  they  gave  a  bounty  (additional  to  that  given 
by  the  British  Parliament)  of  £4  for  every  tun  of  Virginia  hemp, 
and  of  2*.  for  every  barril  of  tar,  made  after  the  new  method 
prescribed  by  the  Act  of  Parliament ;  and  accordingly  lodged 
in  their  Treasurer's  hands  £5200  appropriated  to  such  uses. 
And  they  moreover  addressed  me,  then  as  their  Governor,  to 
go  in  person  to  Albany,  to  endeavour  to  conclude  a  peace  with 
the  five  Nations  and  other  Northern  Indians,  who  at  that  time 
were  continually  making  inroads  upon  that  part  of  the  Colony 
where  these  undertakings  were  on  foot.  Thus  far  the  under- 
taking appearing  to  be  countenanced  and  encouraged,  was 
carried  on  with  spirrit  and  vigour ;  for  notwithstanding  I  had 
lost  by  death  two  of  my  principal  and  most  active  partners, 
and  that  the  rest  were  grown  less  sanguine  upon  the  adventure, 
•  finding  it  was  a  work  of  more  time  and  difficulty  than  they 
apprehended  at  their  first  setting  out ;  yet  I  piquing  myself 
upon  the  success  of  the  project,  took  upon  me  the  whole  con- 
cern, after  reimbursing  my  partners  all  their  expences,  wch. 
amounted  to  no  less  than  £5000  ;  besides  what  I  had  been  in 
disburse  for  my  own  share.  And  that  I  pursued  this  project 
chiefly  with  a  view  to  the  publick  good,  one  of  my  letters  to 
your  Lordships'  Board  may  sufficiently  manifest ;  seeing  I 
therein  proposed  to  make  a  free  offer  of  all  my  possessions  and 
improvements  in  Virginia,  to  be  made  use  of  land  carried  on, 


AMERICA  AND   WEST  INDIES.  51 

1728. 

as  the  Ministry  should  please,  for  the  benefit  of  the  Navy  : 
contenting  myself  with  the  honour  of  the  first  projection,  if 
ever  my  plan  should  succeed  to  lessen  the  dependance  of  the 
British  Nation  on  the  Northern  Crowns  ;  and  wholly  relying 
on  my  Prince's  favour  to  make  any  further  use  of  my  faithful 
services,  or  allow  me  a  competent  support  for  what  I  should 
surrender  etc.  v.  1st  June,  1724.  Continues : — I  am  next  to- 
display  what  has  obstructed  and  discouraged  the  design. 
After  I  was  thus  deeply  embarked,  and  while  I  was  in  ful 
pursuit  of  the  adventures,  I  to  my  great  surprise,  found  myself 
superseded  in  my  Government ;  and  my  successor,  soon  after 
his  arrival,  calling  a  new  Assembly,  passed  an  act  which 
declared  the  abovementioned  sum  of  £5200  to  be  no  longer 
appropriated  for  paying  the  bounty  on  naval  stores,  and  applied 
the  same  to  paying  the  Burgesses  for  their  attendance  in 
Assembly.  He  passed  also  another  act,  laying  a  duty  of 
405.  per  head  on  imported  slaves  ;  the  passage  of  wch.  was 
remarkable,  seeing  he  had  all  along  vehemently  declared 
against  giving  his  assent  to  any  such  bill,  and  did  not  favour 
it,  until  he  understood  that  I  had  made  a  contract  with  the 
Affrican  Company  for  400  negroes  ;  as  intending  to  push  on 
my  undertakings  with  the  utmost  vigour.  And  what  was 
stil  more  remarkable,  when  a  bill  was  brought  in  the  same 
session,  for  the  protection  of  my  works  (some  mallicious  attempts 
having  been  made  upon  them),  he  personally  interposed,  in  a 
very  extraordinary  manner,  to  stop  it.  Moreover  he  without 
disguise  took  measures  to  draw  from  me  all  my  German  tenants, 
and  openly  abetted  them  in  their  not  paying  their  rent,  and  in 
not  working  for  me  according  to  their  agreements.  These 
with  some  other  unfavourable  proceedings  of  the  same  stamp, 
were  sufficient  to  let  the  country  see,  that  the  Adventurers 
on  naval  stores  would  not  be  encouraged  under  his  Govern- 
ment, and  so  could  not  but  give  a  check  to  the  spirit,  wch. 
I  had  been  labouring  to  raise  among  the  people,  for  applying 
part  of  their  lands  and  industry  that  way.  But  when,  instead 
of  the  bounty,  which  had  been  long  expected  from  the 
Assembly's  petition,  for  a  remission  of  the  rights  and  quit- 
rents  in  the  two  new  erected  counties,  this  Governor  obtained 
(by  what  means  or  representation,  I  shall  not  venture  to  say) 
an  hard  restraint  upon  all  the  generous  Adventurers,  whereby 
no  person  was,  for  seven  years,  to  be  allowed  to  take  up  within 
these  two  counties,  more  than  1000  acres,  in  his  own  or  any 
other  name  in  trust  for  him  ;  this  new  and  extraordinary 
restriction  (which  was  not  to  affect  the  rest  of  the  Collony, 
or  any  other  Province  in  North  America  ;  but  was  confined 
solely  to  the  very  spot,  where  the  grand  undertakings,  for 
raising  all  manner  of  naval  stores  were  on  foot)  did  not  only 
dishearten,  but  also  disable  the  Adventurers  from  pursuing 
their  design  :  and  more  especially  since  the  Governor  would 


52  COLONIAL   PAPERS. 

1728. 

divest  them  of  even  the  lands  wch.  they  had  taken  up  and 
improved,  before  the  date  of  the  restraining  order.  Upon 
this  I  came  to  England,  in  1724,  to  represent  the  case  ;  and 
at  my  first  arrival  attended  at  your  Lordship's  Board,  with  a 
great  number  of  merchants  who  joyned  with  me  to  satisfie 
your  Lordships  that  tar  could  not  be  made  in  the  Plantations, 
after  the  method  prescribed  by  the  Act  of  Parliament  :  and 
altho'  in  my  petition  to  His  late  Majesty,  for  the  confirmation 
of  my  lands,  I  particularly  set  forth,  how  my  zeal  for  the 
nation's  service,  in  promoting  naval  stores  in  the  Plantations, 
had  involved  me  in  the  difficulties,  which  affected  my  grants 
etc.,  yet  your  Lordships  did  not  think  anything  I  had  alledged 
in  my  petition,  or  more  largely  urged  in  my  case  before  your 
Board,  concerning  naval  stores,  to  be  material  enough,  to  have 
the  least  notice  taken  thereof  in  your  report  etc.,  or 
by  any  manner  of  expression  to  satisfie  his  Majesty  that  I  had 
done  wel,  in  endeavouring  to  raise  naval  stores  :  so  that  it 
remains  to  this  day  a  doubt,  whether  our  endeavours  of  that 
sort  shall  not  pass  for  misdeeds  ;  and  whether  the  Adventurers 
shall  not  loose  their  lands  and  improvements,  for  embarking 
too  far  in  such  an  undertaking.  These,  my  Lords,  are  the 
real  discouragements,  wch.  I  know  to  have  put  a  stop  to  the 
progress  of  naval  stores  in  Virginia  ;  But  what  has  been  the 
finishing  stroke  to  cut  off  our  supplies  of  American  tar,  every 
dealer  therein  will  readily  say,  is  the  ceasing  to  give  a  bounty 
therein  ;  for  they  demonstrate  by  their  accompts,  that  while 
tar  bears  at  home  so  low  a  price,  as  it  does  at  present,  they 
cannot  import  it  without  a  premium  :  which  however  the 
merchants,  trading  in  that  Plantation  commodity,  judge  now 
may  be  reduced  one  fourth  of  the  former  bounty  ;  provided 
the  payment  be  made  after  the  course  of  the  Navy  bills,  and 
that  the  duty  of  7*.  Qd.  pr.  last  at  importation  be  also  taken 
off  etc.  Continues  : — I  must  entreat  your  Lordships  to  excuse 
me  from  concerning  myself  any  farther  about  hemp  and  tar, 
after  I  have  suffered  so  severely  etc.  But  as  to  iron  (which 
undertaking  I  still  pursue  with  courage  ;  because  I  am  secure 
in  my  grant  for  the  land,  where  that  is  carrying  on)  I  herein 
humbly  offer  some  observations  and  proposals  etc.  for 
encouraging  the  casting  of  that  metal  in  America,  and  then 
importing  it  in  pigs  and  sows,  to  be  further  manufactured  in 
Great  Britain  etc.  England*  is  obliged  to  import  yearly  above 
20,000  tons  of  bar-iron  from  foreign  countries  for  the  greatest 
part  whereof  we  always  pay  money,  and  is  thus  dependent 
on  the  pleasure  of  foreign  states  for  its  supply  etc.  Neither 
is  there  the  least  prospect  that  we  can  attain  to  the  providing 
ourselves  from  our  own  home  produce  with  iron  enough  etc., 
seeing  that  the  vast  quantity  of  large  charcoal,  wch.  so  many 
additional  furnaces  must  necessarily  consume,  is  an  expence 
far  beyond  what  the  woods  of  Great  Britain  and  Ireland  are 


AMERICA  AND   WEST  INDIES.  53 

1728. 

ever  likely  to  afford.  But  on  the  continent  of  North  America, 
where  it  has  of  late  years  been  discovered,  that  we  have  great 
store  of  rich  iron  ore,  wood  so  plentifully  abounds,  that  the 
new-seated  inhabitants,  in  this  age,  are  continually  labouring 
to  destroy  the  same,  in  order  to  clear  the  lands  for  tillage,  or 
open  the  country  for  air  and  prospect.  Timber,  which  the 
nation  very  much  wants,  will  make  up  a  great  part  of  the 
ship's  ladings,  for  no  vessel  loaded  either  entirely  with  iron, 
or  intirely  with  timber,  can  bear  the  sea  etc.  As  I  propose 
that  the  manufacture  of  iron  should,  in  the  Plantations,  be 
carried  no  farther  than  to  castings  ;  and  that  their  pig-iron 
should  be  brought  to  Great  Britain,  to  be  forged  into  bar,  or 
hammer-iron,  my  scheme  does  not  tend  to  the  lessning  of  any 
one  furnace  etc.,  but  will  supply  a  great  many  more  etc.,  and 
create  a  large  demand  on  our  Country  Gentlemen  for  their 
copse-wood  as  well  as  an  additional  consumption  of  our  sea- 
coal  etc.  Proposes  the  taking  off  the  present  duty  of  4s.  per 
tun  on  such  iron,  and  the  freeing  it  from  the  charge  of  landing 
and  weighing  at  the  Custom-House  keys  etc.  Signed,  A. 
Spotswood.  Endorsed,  Reed.  5th,  Read  6th  March,  172 1. 
12  pp.  [C.O.  323,  8.  No.  85.] 

March  5.  95.  Petition  of  Six  Lords  Proprietors  of  Carolina  to  the 
King.  Refer  to  petition  of  27th  May,  1727,  referred  to  Com- 
mittee of  Privy  Council.  Continue : — Petitioners  being 
informed  some  difficulties  may  probably  arise  with  respect  to 
the  method  of  such  surrender,  and  being  desirous  to  shew, 
their  ready  inclination  to  remove  every  obstacle  and  concur 
in  all  things  which  may  tend  to  your  Majesty's  honour  and  con- 
sequently to  the  peace  and  prosperity  of  your  Majesty's  subjects 
in  that  Province  by  setling  it  in  the  most  safe  and  beneficial 
mannor,  Your  petitioners  do  now  most  humbly  offer  and 
propose  to  your  Majesty,  that  you  will  be  pleased  to  accept 
from  your  petitioners  an  absolute  and  intire  surrender  of  their 
respective  shares  and  interests  not  only  of  the  sovereignty, 
but  of  the  right  and  property  they  have  to  the  soil  in  the  said 
Province  of  Carolina  by  virtue  of  the  two  Charters  granted 
by  King  Charles  the  Second,  humbly  praying  your  Majestic 
will  be  graciously  pleased  to  direct  and  cause  to  be  paid  to 
your  petitioners  each  of  them  respectively  the  sum  of  £2,500 
without  any  fee  or  deduction  upon  the  payment  of  which  they 
are  willing  in  due  form  to  execute  a  surrender  of  their  intire 
propertie  in  the  sd.  Province  of  Carolina  as  above.  And  in 
regard  your  petitioners  have  several  arrears  of  quit-rents 
and  other  dues  unaccounted  for  which  by  reason  of  the  disorders 
and  distractions  in  the  said  Province,  they  have  not  been  able 
to  collect  and  receive  whereby  a  great  arreare  of  debt  now 
remains  due  and  unpaid  from  your  petitioners  to  their  officers 
and  others.  Your  petitioners  doe  therefore  most  humbly 


54 


COLONIAL   PAPERS. 


1728. 


pray  your  Majestic  that  upon  your  Majesties  accepting  the 
before  mentioned  surrender,  your  Majestic  will  be  graciously 
pleased  to  give  proper  instructions  to  your  Governor  or  any 
other  your  Majesty's  officers  to  assist  your  petitioners  in  setling 
their  demands  of  arrears  of  quit-rents  or  other  dues  and  to 
receive  and  collect  the  same  for  the  use  of  your  petitioners 
thereby  to  enable  them  to  discharge  the  demands  which  are 
now  upon  them  by  reason  of  the  said  quit-rents  and  dues 
being  unpaid.  Signed,  D.  of  Beaufort,  Ld.  Craven,  James 
Bertie,  H.  Bertie,  J.  Colleton,  Archd.  Hutchinson.  [C.O.  5, 
290.  pp.  257,  258.] 


March  5.        96.     H.M.   Warrant  appointing    William  Randolph  to  the 
St.  James's.    Council  of  Virginia.     Countersigned,   Holies  Newcastle.     [C.O. 
324,  36.     pp.  35,  36.] 


March  5. 

London. 


97.  Commodore  St.  Lo.  to  the  Council  of  Trade  and 
Plantations.  As  promised  18th  Aug.,  encloses  plan  of  the 
Grand  Beach  at  Placentia,  "  that  your  Lordships  may  dispose 
of  the  same  for  the  advantage  of  the  Fishery,  presuming  that 
of  right  it  belongs  to  the  fishing  shipps  etc.,  they  now  find  them- 
selves deprived  of  that  benefit  by  the  Lt.  Governor,  who  makes 
the  Commanders  pay  to  him  very  extravagant  rents  yearly 
for  the  use  of  the  same  "  etc.  Refers  to  letters  of  20th  and  30th 
Sept.,  and  15th  Nov.  Continues : — Several  of  the  French 
inhabitants  of  Placentia,  who  had  taken  the  oaths  to  his  late 
Majesty,  and  continued  there,  and  on  the  West  side  of  that 
Bay,  finding  themselves  male  treated,  soon  after  quitted  their 
residence  (and  retired  to  Cape  Britton,  and  others  into  the 
Bay  of  Fortune  and  D'Espoir)  from  under  the  wings  of  (as 
they  call  him)  an  arbitrary  Lieut.  Governor,  who  afterwards 
seized  upon  and  sold  their  Plantations,  an  instance  of  which 
I  here  inclose  etc.  This  is  a  manifest  encroachment  on  the 
fishery  and  imposition  on  all  H.M.  good  subjects  etc.  Signed, 
John  St.  Lo.  Endorsed,  Reed.  5th  March,  Read  2nd  April, 
1728.  2  pp.  Enclosed, 

97.  i.  Copy  of  grant  of  a  plantation  by  Lt.  Govr.  Gledhill. 
v.  C.S.P.  Sept.  30,  1727,  end.  i.  Same  endorse- 
ment. I  p.  [C.O.  194,  8.  ff.  148,  148u.,  1490.— 150u.] 


March  6.  98.  Petition  of  Henry  Newman  to  the  Council  of  Trade 
and  Plantations.  Is  directed  by  Lt.  Governor  Wentworth  to 
solicite  the  passing  of  the  Triennial  Act  of  New  Hampshire, 
sent  home  in  1724,  since  other  Corporations  at  home  and  in 
the  Plantations  are  allowed  this  privilege  etc.  Signed,  Henry 
Newman.  Endorsed,  Reed.  7th  March,  Read  24th  May,  1728. 
f  p.  [C.O.  5,  870.  ff.  65,  66t>.] 


AMERICA  AND   WEST  INDIES. 


55 


1728. 

[March  7.]  99.  Address  of  the  Clergy  of  S.  Carolina  to  the  King. 
Welcome,  thrice  welcome,  Great  Sir,  to  the  throne  of  your 
Ancestors  etc.  10  signatures.  Endorsed,  Rd.  March  7, 
1728,  from  the  Bishop  of  London,  who  desired  it  might  not 
be  inserted  in  the  Gazette.  1  p.  [C.O.  5,  383.  No.  36.] 

March  7.       100.     Mr.   Popple  to  Mr.   Fane.     Encloses  draught  of  bill 

Whitehall,    for  ife  better  and  more  effectual  preservation  of  H.M.  woods  in 

America,  and  for  encouraging  the  importation  of  Naval  Stores 

from  thence,  for  his  opinion  thereupon  in  point  of  law,  as  soon 

as  possibly  may  be.     [C.O.  324,  11.     pp.  63,  64.] 


March  7. 

Jamaica . 


March  8. 

Westminster. 


March  11. 


March  12. 

Boston. 


1 01 .  Governor  Hunter  to  Temple  Stanyan.     Has  nothing 
to  add  to  letter  of  10th  Feb.,  but  would   "  be  glad  to  know  Mr. 
Coleman's   resolution    as   to   Mr.    Bowerman's    offer."     If  the 
Assembly  reflects  the  disposition  and  temper  which  is  generally 
observed  at  present  in  the  country,  he  may  hope  for  a  good 
issue  etc.     "  We  have  had  no  ship  from  Europe  since  my  arrival 
or   advice   from   Mr.    Hopson   since    he    sail'd   for   ye   coast." 
Encloses  duplicate  of  10th  Feb.     Signed,  Ro.  Hunter.     Endorsed, 
R.  May,  22th.     Holograph.  1  p.     [C.O.  137,  53.    ff.  24,  25u.] 

102.  H.M.   letters   patent   renewing   patent   of  Alexander 
Henderson,     Attorney     General     of    Jamaica.     Countersigned, 
Cocks.     Copy.     [C.O.  324,  49.    ff.  55-57.] 

103.  Mr.  Beake  and  Mr.  Meure  to  Mr.  Popple.     Ask  that 
hearing    of   complaint    against  Lt.    General  Mathew    may    be 
deferred.     Signed,  Tho.  Beake,  Abraham  Meure.         Endorsed, 
Reed.     Read   12th   March,    172|.     2  pp.     [C.O.   152,    16.    ff. 
158,  158i>.,  159t;.] 

104.  Lt.  Governor  Dummer  to  the  Council  of  Trade  and 
Plantations.     Since  my  last  to  your  Lordships  wee  have  had 
a  long  Sessions  of  the  General  Court  of  this  Province,  copies 
of  all  the  Votes,  Acts  and  Orders,  passed  therein  shall  bee  sent 
you  as  soon  as  the  Secretary  can  prepare  them  who  looses  no 
time  in   copying  them  over.     In   perusing  the  said  votes    &c., 
your  Ldships  will  perceive  the  great  struggle  that  has  been 
made  for  more  bills  of  Credit  which  are  insisted  on  as  absolutely 
necessary  for  the  support  of  the  Government  and  the  trade 
and  buisness  of  the  inhabitants  :   for  which  important  occations 
divers   bills   have   passed   the   House   of  Representatives   and 
met  with  a  non-concurrence  at  the  Councill.     At  length  a  bill 
entituled  An  Act  for  Fortifications  etc.,  passed  both  Houses, 
but  the  sd.  bill  seeming  to  be  inconsistent  with  instructions 
from  their  Excellencys  the  Lords  Justices,  d.  Sepr.  27th,  1720, 
and   also    with   the   instructions    from   your   Lordships    dated 
Februr.  8,  1726/7,  signed  by  Mr.  Popple,  I  thought  it  necessary 


56  COLONIAL   PAPERS. 

1728. 

to  take  the  advice  of  H.M.  Council  of  this  Province  thereon 
who  gave  it  their  opinion  that  the  bill  was  inconsistent  with 
sd.  instructions,  notwithstanding  that  they  had  before  passed 
a  Concurrence  on  it  (as  they  say)  in  another  capacity :  upon 
wch.  I  rejected  the  bill.  After  that  another  bill  was  projected 
and  passed  both  Houses  intituled  an  Act  for  raising  and  settling 
a  publick  Revenue  for  and  towards  the  defraying  the  necessary 
charges  of  this  Government  wch.  bill  being  for  an  emission  of 
sixty  thousand  pounds  altho'  it  was  for  raising  a  revenue  for 
the  support  of  the  Government,  yet  the  interest  onely  being  to 
be  apply'd  for  that  service  I  thought  it  necessary  to  summon 
all  the  Council  of  the  Province  (whereof  23  appeared)  to  take 
their  opinion  upon  it  with  reference  to  the  aforementioned 
instructions,  and  their  answer  I  now  inclose  to  yr.  Lordships. 
Upon  which  I  shall  onely  observe  that  tho'  they  mention  in 
the  first  part  thereof  that  they  don't  think  themselves  obleiged 
to  give  any  further  advice  on  the  sd.  bill  then  what  they 
expressed  by  their  concurrence  to  it  as  part  of  the  Legislature, 
they  nevertheless  say  as  follows  :  "At  the  same  time  they 
cannot  but  think  it  will  be  as  well  for  H.M.  honour  and  service 
and  agreeable  to  your  duty  to  H.M.  as  for  the  good  and  welfare 
of  the  Province  and  the  necessary  support  of  the  Government 
thereof  if  the  bill  bee  consented  to  by  your  honour."  Upon 
which  I  passed  the  bill  conceiving  my  selfe  in  all  difficult  and 
doubtful  cases  most  safe  in  p'sueing  the  advice  of  H.M.  Council  : 
wch.  if  it  be  agreeable  to  your  Ldships'  sentiments  as  I  have 
alwayes  endeavoured  to  conforme  my  selfe  I  shall  have  greater 
satisfaction.  As  to  the  hundred  thousand  pounds  that  your 
Lordships  mention'd  you  expected  I  would  take  effectual 
care  to  have  brought  in  and  burnt  to  ashes  according  to  the 
time  appointed  by  the  Act  for  emitting  the  same  I  have  already 
acquainted  your  Ldships  of  my  proceedings  therein  that  I 
have  persued  it  as  farr  as  lay  in  my  power,  but  inasmuch  as 
it  lay  with  the  General  Court  by  an  Act  to  appoint  p'sons 
for  the  receiving  and  burning  thereof  wch.  I  could  not  at 
that  time  obtaine,  and  that  the  Commissioners  for  calling  in 
the  mony  were  under  some  difficulty  as  to  sueing  out  the 
mortgages,  which  they  thought  they  wanted  the  authority  of 
the  Genl.  Court  to  assist  them  in.  I  was  willing  to  do  the 
next  best  I  could  which  was  to  consent  to  a  resolve  now  passed 
wch.  will  effectually  bring  in  all  the  sd.  bills  within  the  space 
of  4  years  wch.  considering  the  equity  of  redemption  provided 
for  in  the  first  Act  will  not  protract  the  time  above  one  year 
eaven  for  the  last  payment  beyond  what  the  borrowers  might 
have  done  by  vertue  of  that  Act.  I  lately  received  a  letter 
from  your  Lordships  dated  the  31st  of  August  wch.  mentions 
that  some  Governors  of  H.M.  Plantations  have  not  made 
abstracts  in  the  margins,  of  the  Minutes  of  Council  and  Assembly 
etc.,  wch.  I  think  has  alwayes  been  don  on  those  sent  from 


AMERICA   AND   WEST   INDIES. 


57 


1728. 


March  13. 

Whitehall. 


hence  but  if  your  Ldships  will  please  to  point  out  where  wee 
have  been  wanting  I  shall  take  care  while  I  have  the  honour 
to  bee  in  command  to  have  it  p'formed.  Before  the  Court 
rose  they  voted  a  Committee  to  consult  proper  measures  to 
restore  the  value  of  the  bills  of  Credit  of  this  Province  wch. 
if  it  can  be  done  propperly  will  doubtless  be  for  H.M.  service 
and  the  benefit  of  the  people.  It  may  not  be  improper  to 
add  one  word  further  concerning  the  Act  for  calling  in  the 
100,000  that  tho  the  burning  of  them  is  not  incerted  therein 
yet  its  all  one,  for  the  bills  are  all  dead  when  they  are  return'd 
into  the  Treasury  as  much  as  if  they  had  never  been  made, 
and  a  reason  given  for  not  incerting  it  was  that  whereas  many 
of  them  might  be  good  bills  and  so  by  being  changed  for  bills 
torn  and  defaced  might  save  the  charge  of  making  more  for 
that  use  and  for  the  yearly  emissions  for  the  charges  of  the 
Government.  I  inclose  your  Lordships  the  copy  of  advice  of 
Council  for  passing  this  bill  etc.  Signed,  Wm.  Dummer. 
Endorsed,  Reed.  14th,  Read  24th  May,  1728.  4  pp.  Enclosed, 
104.  i.  Minutes  of  Council  of  the  Massachusetts  Bay,  Feb. 
17-20,  1728.  Endorsed,  Reed.  29th  April,  1728.  1  p. 

104.  ii.  Minute    of    Council,    Jan.    26,    1728.     1    p.     Same 

endorsement.     1  p.     [C.O.  5,  870.    ff.  104-105t;.,  106i;., 
107,  108i;.,  109,  llOu.] 

105.  Duke    of   Newcastle   to   the    Council   of   Trade    and 
Plantations.     H.M.  having  been  pleased  to  continue  Richard 
Philips  in  the  employment  of  Governor  of  Placentia  and  Capt. 
General  and  Governor  in  Chief  of  Nova  Scotia  etc.,  you  are  to 
prepare  draughts  of  a  Commission  and  Instructions  for  him 
etc.     Signed,    Holies  Newcastle.     Endorsed,  Reed.  14th,  Read 
16th  March,  172|.     1  p.     [C.O.  217,  5.    ff.  9, 


[Mar  15.]  106.  Officers  of  H.M.  Yard  at  Woolwich  to  Col.  Spotswood. 
Oct.  27,  1725.  Certificate  that  they  found  the  sample  of 
Virginia  hemp  submitted  by  him,  to  be  considerably  superior 
to  the  best  Russia,  and  equal  in  strength  with  the  best  Riga 
hemp.  Cf.  4th  March,  1728.  Signed,  T.  Holmes.  Endorsed, 
Reed,  (from  Col.  Spotswood)  15th  March,  172|.  Copy,  f  p. 
[C.O.  5,  1321.  ff.  12,  13t>.] 


March  15. 

Whitehall. 


March  15. 


107.  Mr.    Popple   to   Sir   Jacob   Ac[k]worth,    Surveyor   of 
H.M.  Navy.     Requests  a  return  of  prices  of  Naval  Stores  for 
some  years  before  the  Revolution  to  1698,  and  for  as  many 
years  as  possible    since  Christmas,   1716.     [C.O.   389,   28.     p. 
335.] 

108.  David  Dunbar  to  Temple  Stanyan.     Encloses  letter 
from  New  England  concerning  the  condemnation  of  200  fine 
masts  for  H.M.  use,  and  asks  for  directions  thereon  from  the 


58 


COLONIAL   PAPERS. 


1728. 


March  15. 

Whitehall. 


March  16. 

N. 
Providence. 


Duke  of  Newcastle,  and  also  upon  the  question  of  furnishing 
the  Spaniards  with  large  planks  etc.  Being  about  to  imbark, 
asks  that  his  former  memorial  may  be  referred  to  the  Board  of 
Trade  etc.  Signed,  David  Dunbar.  Addressed.  1  p.  [C.O. 
5,  898.  No,  44.] 

109.  Duke  of  Newcastle  to  the  Council  of  Trade  and 
Plantations.  I  have  laid  before  the  King  your  report  upon 
the  Duke  of  Montagu's  petition  etc.  His  Majesty  expected 
your  report  would  have  been  more  particular  upon  several 
points,  of  which  H.M.  would  be  apprised,  in  order  to  form  a 
judgement  whether  his  Grace's  request  is  proper  to  be  granted. 
H.M.  would  know  of  what  advantage  you  apprehend  that  the 
settling  of  Tobago  may  be  to  his  Revenue,  and  to  the  Trade 
and  Navigation  of  his  subjects  in  this  Kingdom  ;  how  it  may 
affect  H.M.  other  Dominions  in  America,  in  the  relation  to 
their  security  and  commerce  ;  and  what  effect  it  would  have 
upon  the  trade  and  navigation  of  other  Nations  possesst  of 
Colonies  and  Plantations  in  America  etc.  Returns  report  of 
27th  Feb.  for  their  opinion  "  in  these  particulars  and  such 
others  as  may  occurr  to  you."  Signed,  Holies  Newcastle. 
Endorsed,  Reed.  18th,  Read  22nd  March,  172|.  l£  pp.  [C.O. 
28,  19.  ff.  102,  102u.,  103u.]  ' 


110.  Governor  Phenney  to  the  Council  of  Trade  and 
Plantations.  Sends  public  papers  by  way  of  S.  Carolina. 
Continues  :  —  Not  having  receiv'd  any  stores  of  war  etc.,  and 
the  encreasing  rumours  of  a  war  oblige  me  to  continue  my 
sollicitations  on  that  head.  Our  fort  to  the  eastward  advancing 
apace  I  don't  question,  if  we  are  accordingly  supplied  with 
amunition,  to  make  this  port  very  defencible  against  any 
force  the  Spaniards  can  send.  When  I  wrote  in  Nov.  last 
I  was  in  a  very  weak  and  languishing  condition  and  desir'd 
your  Lordships  to  interceed  with  H.M.  for  his  Royal  lycence 
to  go  for  England  for  the  re-establishment  of  my  health,  but 
it  having  pleas'd  God  to  restore  me  in  great  measure,  I  don't 
question  but  to  be  able  to  do  my  duty  in  case  anything  happens. 
The  Gunner's  account  enclos'd  will  show  how  low  our  stock 
of  powder  is,  and  I  beg  your  Lordships  will  excuse  my  mention- 
ing it  again,  considering  our  condition  and  incapacity  to  supply 
ourselves.  Signed,  G.  Phenney.  Endorsed,  Reed.  3rd  June, 
Read  9th.  July,  1728.  1  p.  Enclosed, 

110.  i.  Governor  Phenney's  Replies  to  Queries  of  the  Board 
of  Trade.  Repeats  former  answers,  v.  C.S.P.  28th. 
Jan.,  1726  and  20th  April,  1727,  adding  to  list  of 
negroes  imported,  two  imported  from  Barbados  in 
1727.  Endorsed,  Reed.  3rd  June,  1728.  10  pp. 
110.  ii.  Account  of  stores  of  war  wanting  at  Nassau.  Signed, 
G.  Phenney,  and  six  Councillors.  2  pp. 


AMERICA  AND   WEST  INDIES.  59 

1728. 

110.  iii.  Account  of  stores  of  war  brought  over  by  Governors 
Rogers  and  Phenney  and  what  remains  1st  Jan.,  1728. 
Signed,  Willm.  Shott.  3  pp.  Nos.  ii  and  iii 
endorsed,  Reed.  3rd  June,  1728. 

110.  iv.  Public  Accounts  for  1727.  Receipts  (including  £20 
12s.  9d.  brought  forward)  £84  13s.  9d.  Expenditure 
£53  11s.  6d.  Signed  and  sworn  to  in  Council,  Pr. 
Goudet,  Treasurer.  Endorsed  as  preceding.  2  pp. 

110.  v.  List  of  Baptisms  in  1727,  (30  infants,  18  adults)  ; 
Marriages  (7),  and  burials  (7).  Signed,  a  true  copy 
from  the  Church  Register,  W.  Fairfax,  Secry.  Same 
endorsement.  I  folded  p.  [C.O.  23,  2.  ff.I8I,l82v- 
I37v.,  138u.-141,  142t>.,  143t;.-145u.  ;  and  (enclosure 
i  only),  23,  12.  No.  95.] 

[Mar.  16.]  111-  List  of  ships  entered  and  cleared  at  New  Providence, 
26th  Dec.,  1727— 25th  March,  1728.  Signed  and  sworn  to, 
by  Jno.  Warner.  Navl.  Offr.  Endorsed,  in  Governor  Phenney's, 
March  16.  6  pp.  [C.O.  23,  12.  No.  94.] 

March  16.       112.     Governor     Phenney     to     the     Duke     of    Newcastle. 
Duplicate  of  No.  110.     Signed,  G.  Phenney.      Endorsed,  R.  5th 
ice-    June.     l^pp.     Enclosed, 

112.  i.  Minutes    of    Council    of   the    Bahama    Islands    10th 

March— 16th  Dec.,  172f .     28  pp. 

112.  ii-vi.  Duplicates  of  Nos.  110  ii-v  and  111.  [C.O. 
23,  14.  ff.  13,  18u.,  14U.-30,  3lv.,  32,  33t;.,  34, 
35u.,  36,  37-38,  39,  890.] 

March  16.       113.     Mr.  Popple  to  Mr.  Oxenford.     Asks  for  an  account, 
Whitehall,     as  soon  as  possibly  may  be,  of  iron  imported  for  10  years  past, 
and  of  duties  now  payable  thereon,  especially  pig  iron  from 
the  British  Plantations.     [C.O.  324,  11.     p.  64.] 

March  18.       114.     Sir  Jacob  Acworth  to  Mr.  Popple.     In  reply  to  15th 
Navy  Office.  March,  encloses  following  and  account  of  prices  of  Naval  Stores 
rendered  by  Navy  Board  8th  Aug.  1696.     Signed,  Ja.  Acworth. 
Endorsed,  Reed.,   Read  19th  March  172$.     1  p.     Enclosed, 
114.  i.  Account  of  prices  annually  given  by  the  Navy  Board 
for  pitch,  tar  and  turpentine  and  for  New  England 
masts,    yards    and    bowsprits,    1717-1727    inclusive. 
3  pp.     [C.O.  323,  8.     Nos.  86,  86  i.] 

[Mar.?  19.]       115.     Five  Lords  Proprietors  of  Carolina  to  the  Committee  of 

i2fchfcweenh    ^r*vy  Council.     [Reply  to  enquiries  by  the  Committee,  (12th  March) 

March.       concerning  grants  of  lands  made  by  the  Proprietors  of  Carolina 

to  each  other.     This  reply  was  read  by  the  Committee  on  19th 

March,      v.     A.P.C.     III.      No.     132.]      Continue:— We     doe 

admit  there  have  been  several  tracts  of  land  granted  to  the 


60  COLONIAL   PAPERS. 

1728. 

Proprietors  and  others  by  virtue  of  the  powers  given  to  them 
by  their  Charter,  the  particulars  of  which  from  1713  are  : — 
1714.  One  grant  of  all  minerals  (excepting  Royal  mines) 
and  one  for  making  of  oyl  from  the  nuts  of  Carolina,  both 
which  were  to  be  void,  if  not  undertaken  and  attempted  within 
three  [?  years]  after  the  date,  and  now  consequently  void. 
A  grant  of  500  acres  to  the  Rev.  Mr.  Johnston,  reserving  the 
usual  quit-rents,  which  we  beleive  was  not  set  out  he  being 
since  dead.  1715.  5000  acres  to  Mr.  Hodgson,  reserving 
usual  quit-rents,  never  set  out  as  we  know  of.  1716.  A 
grant  to  Mr.  Churchy  and  Swartz  for  wrecks  within  the  limits 
of  the  Lords  patent,  reserving  5  p.c.  out  of  the  net  profits, 
which  project  was  never  entred  upon.  1719.  Sir  Robert 
Montgomery  had  a  grant  of  a  great  tract  of  land  between  the 
Rivers  Savanna  and  Alatamaha  at  a  quit  rent  of  a  penny  an 
acre  yearly,  as  it  should  be  settled,  with  the  reservation  that 
the  Proprietors  might  re-enter  if  Sir  Robert  his  heirs  etc.  should 
not  begin  the  settling  for  3  years.  500  acres  of  land  to  Revd. 
Mr.  Allsop.  He  dyd  and  it  was  never  taken  up.  Altho'  in 
1713  no  lands  were  ordered  or  lay'd  out  for  the  Lds. 
Proprietors  either  in  S.  or  N.  Carolina,  yet  in  '18  and  '19  there 
were  several  Baronies  lay'd  out  for  the  use  of  the  Lords 
Proprietors,  etc.,  they  judging  this  method  might  tend  to  the 
better  peopling  the  Province  by  engaging  the  Proprietors 
separately  to  cultivate  and  improve  their  own  lands,  but  by 
reason  of  the  disorders  of  the  Colony,  these  lands  were  never 
entred  upon,  except  one  Barony  by  Sir  John  Colleton's  son,  who 
went  over  above  a  year  since  to  settle  the  same.  1722.  12,000 
acres  were  granted  to  the  Secretary  Mr.  Shelton  as  a  gratification 
for  his  many  years  services,  but  not  yet  set  out.  1724,  5. 
12,000  acres  to  Mr.  Purey  upon  condition  that  he  should 
transport  300  people  within  a  year,  and  a  farther  agreement 
was  made  with  Vats  and  Pury  for  two  Baronies  in  considera- 
tion they  should  transport  1200  Switz  into  the  Province  at 
their  own  charge,  which  they  are  not  able  to  perform.  But 
the  consideration  of  this  affair  being  recommended  to  the 
Proptrs.  by  the  Duke  of  Newcastle  and  the  Lds.  Com- 
missioners of  the  Plantations,  the  Proptrs  did  propose  at 
their  own  charge  to  have  paid  the  passage  of  300  Protestant 
Switz,  in  case  they  could  give  security  to  settle  upon  the 
Savanna  river,  for  the  greater  safety  of  the  infant  Colony  at 
Port  Royal,  but  this  was  never  done.  1726.  Four  barony s 
of  12,000  acres  each  were  granted  to  Mr.  Thomas  Lowndes 
and  three  other  persons  in  consideration  of  his  services  for  the 
common  good  of  the  Province  and  of  the  surrender  of  a  former 
grant  of  48,000  acres  (which  upon  examination  appeared  never 
to  have  been  set  out)  which  deeds  were  inrolled  in  H.M.  Court 
of  Common  Pleas.  A  warrant  was  granted  to  Col.  Samuel 
Horsey  for  a  Landgraveship  with  four  baronies  thereunto 


AMERICA   AND   WEST   INDIES.  61 

1728. 

annexed,  and  a  patent  was  ordered  for  the  same,  but  not  taken 
out  by  him,  by  reason  of  the  unsetled  state  of  the  Province. 
1727.  A  grant  of  1000  acres  of  land  at  a  quit  rent  of  a  penny 
per  acre  to  commence  three  years  after  the  date  was  made 
to  one  Tayler  of  Ireland,  who  went  over  with  above  30  white 
people  to  settle  there.  North  Carolina.  1723.  A  grant  was 
made  to  Mr.  Burrington  for  2000  acres  upon  his  being  appointed 
Governor  of  North  Carolina  ;  which  he  refusing  to  accept, 
we  look  upon  that  to  be  void.  1724.  2000  acres  were  granted 
to  Sir  Richard  Everard,  when  he  was  appointed  Governor, 
reserving  the  usual  quit-rents,  and  we  are  informed  this  has 
been  set  out  accordingly.  1727.  3000  acres  were  granted 
to  my  Lady  Everard  at  the  usual  quit-rents,  upon  her  going 
over  with  her  family  to  settle  there,  who  went  about  May 
last.  These  are  all  that  ever  were  granted  by  the  Proprietors 
since  1713.  And  if  we  have  not  given  your  Lordships  a  more 
exact  account  of  the  conditions  upon  which  they  were  granted 
and  the  place  where  they  are  to  be  set  out,  it  is  for  want  of  a 
proper  register  etc.  Nor  could  we  obtain  a  true  rent  roll  of 
our  lands  which  occasioned  our  presenting  a  petition  to  his 
late  Majestic  praying  that  he  would  be  graciously  pleased  to 
direct  his  provisional  Governor  to  cause  a  Register  to  be  made 
of  all  the  lands  granted,  and  upon  what  terms — in  order  to 
know  how  to  settle  the  remaining  uncultivated  lands  in  such 
manner  as  might  conduce  to  the  publick  good.  In  answer  to 
the  last  of  your  Lordps'.  queries,  we  doe  admit  that  the 
Proptrs.  did  shut  up  their  office  for  the  sale  of  their  lands 
in  Carolina  in  1719,  when  Mr.  Johnson  suffered  himself  to  be 
deposed  ;  which  we  humbly  apprehend  was  not  only  prudent 
but  justifiable,  the  Proptrs'.  predecessors  having  at  their 
first  entring  upon  the  execution  of  their  Charter  made  grants 
of  large  tracts  of  lands  to  several  persons  who  proposed  to 
settle  at  a  very  small  quit-rent  there,  or  only  a  peper  corn 
yearly,  in  expectation  that  the  grantees  of  such  lands  would 
have  been  induced  to  settle  them,  and  thereby  increase  the 
number  of  inhabitants.  But  as  we  are  informed  there  is  not 
a  sixth  part  of  the  land  so  granted  as  yet  settled  by  anybody, 
we  conceive  such  lands  may  be  re-entered  upon  etc.  The 
Proprietors  were  always  ready  at  their  office  in  London  to  grant 
their  unsetled  lands  at  a  moderate  quit-rent,  not  exceeding 
one  penny  per  acre  yearly  to  any  persons  who  with  an  intention 
to  settle  there  would  have  apply 'd  to  them  ;  and  they  were 
ready  to  receive  and  comply  with  any  reasonable  proposal  of 
that  kind  from  the  country's  agent  Mr.  Yong,  notwithstanding 
his  known  ingratitude  to  the  Proprietors  whose  Surveyor 
General  he  was  for  many  years  ;  but  absented  himself  from  the 
Province,  and  his  duty  without  their  leave  and  consent  etc. 
By  the  clause  in  our  last  petition  etc.  (v.  5th  March,  proposing 
surrender  of  sovereignty  and  interest)  we  mean  and  intend  to 


62 


COLONIAL   PAPERS. 


March  19. 


1728. 

surrender  to  H.M.  our  right  and  title  to  all  our  lands  not  entred 
upon  and  improved,  as  well  the  baronies  and  lands  granted  to 
each  of  us,  as  proprietors,  as  also  other  our  lands  whatsoever 
in  the  Province  of  Carolina,  desiring  that  in  drawing  the  deed 
of  surrender,  they  may  be  as  fully  convey'd,  and  vested  in  the 
Crown,  as  we  are  capable  of  doing  it  without  any  restriction 
or  reserve.  Signed,  D.  of  Beaufort,  Ld.  Craven,  James  Bertie, 
H.  Bertie,  J.  Colleton.  [C.O.  5,  290.  pp.  259-266.] 

116.  Mr.  Meure  to  Mr.  Popple.  Encloses  proofs  to  support 
Mr.  Mathew's  answer  to  the  Address  against  him.  Continues  : — 
I  expect  (by  the  first  ships)  an  approbation  (honourable  to  Mr. 
Mathew)  from  the  present  Assembly  of  all  the  vouchers  and 
accounts  complained  of  in  the  sd.  Address  as  not  deliver'd 
to  ye  Assembly,  tho'  the  contrary  is  evident  by  the  Minutes  of 
Council,  etc.  Signed,  Abr.  Meure.  Endorsed,  Reed.  20th, 
Read  21st  March,  172f.  1|  pp.  Enclosed, 

116.  i.  Minutes  of  Council  of  St.  Christophers,  5th  March, 
1726,  recording  the  reconciliation  of  Governor  Hart 
and  Lt.  General  Mathew.  Endorsed,  Reed.  20th 
March,  172|.  Copy,  f  p. 

116.  ii.  Minutes  of  Council  and  Assembly  and  papers  relating 
to  Lt.  Genl.  Mathew's  accounts  for  fortifying 
Brimstone  Hill.  Endorsed  as  preceding.  20  large  pp. 
116.  iii.  Deposition  of  Nathan  Crosley  as  to  Lt.  Genl. 
Mathew's  trouble  and  expense  in  fortifying  Brimstone 
Hill.  22nd  May,  1727.  Signed,  Nathan  Crosley. 
Same  endorsement.  I  p. 

116.  iv.  Deposition  of  N.  Crosley  as  to  Lt.  Genl.  Mathew's 
interview  with  the  Committee  of  Accounts  etc.  22nd 
April,  1727.  Signed,  Nathan  Crosley.  1  p. 

116.  v.  Deposition    of   John    Harris,    confirming    preceding. 

21st  April,  1727.  Signed,  Jo.  Harris.  Endorsed, 
Reed.  March  20,  172$.  1  large  p.  [C.O.  152,  16. 
ff.  170,  I70v.,  I7lv.,  172,  173u.-183z;.,  184i;.,  185*;., 
1860-187x>.] 

March  20.  117.  Mr.  Beake  to  Mr.  Popple.  Is  unable  to  attend  the 
Board  owing  to  illness.  Encloses  following  papers  and  awaits 
further  instructions  from  St.  Kitts  etc.  Prays  that  several 
Acts  of  St.  Kitts  may  be  reported  on  etc.  Signed,  T.  Beake. 
Endorsed,  Reed.  20th,  Read  21st  March,  172$.  1  p.  Enclosed, 

117.  i.  Thomas  Butler  to  Thomas  Beake,  St.  Christophers, 

7th  Sept.,  1726.  Encloses  duplicate  of  Address  of 
Assembly  sent  in  April  last,  and  expresses  concern 
at  not  having  heard  of  its  being  laid  before  the  King 
etc.  Signed,  Tho.  Butler.  Copy.  1  p. 

117.  ii.  Mr.  Spooner,  Speaker  of  Assembly,  St.  Christophers 
to  Mr.  Beake.  St.  Christophers.  June  30,  1727.  Is 
not  yet  able  to  send  proofs  of  the  allegations  in  the 


AMERICA   AND   WEST   INDIES.  63 

1728. 

Address  of  Assembly  relating  to  Lt.  General  Mathew 
etc.,  he  not  having  called  the  Assembly  together  since 
Genl.  Hart  went  away  etc.  Signed,  J.  Spooner.  If 
closely  written  pp. 

117.  iii.  Minutes  of  Council  and  Assembly  of  St.  Christophers 
relating  to  Lt.  Genl.  Mathew's  accounts  etc.  16th 
April—  18th  May,  1726.  Copy.  1  p. 

117.  iv.  Affidavit  of  John  Griffes,  Clerk  of  the  Assembly, 
that  enclosed  papers  are  true  copies  etc.  and  as  to 
proceedings  of  Assembly.  8th  Aug.  1727.  Signed, 
John  Griffes.  1  p. 

117.  v.  Minutes  of  Assembly,  9th  Oct.  1725—  Feb.  19,  1726, 
relating  to  Lt.  Genl.  Mathew's  accounts.  5  pp. 
[C.O.  152,  16.  ff.  160,  161,  162,  162*;.,  163i>.,  164i;., 
.,  I67v.,  168i>.-169z;.] 


March  20.  118.  Council  of  Trade  and  Plantations  to  the  King.  In 
Whitehall,  obedience  to  Order  of  15th  March,  report  upon  Admiralty 
Memorial  relating  to  the  destruction  of  H.M.  woods  etc.  and 
encouragement  of  Naval  Stores.  It  is  with  great  pleasure, 
that  we  observe  upon  this  occasion  the  conformity  between 
the  opinion  of  the  Lords  of  the  Admiralty,  and  that  of  this 
Board  upon  this  important  subject.  We  have  always  thought, 
that  nothing  can  be  of  greater  consequence  to  your  Majesty's 
service,  and  the  welfare  of  this  Kingdom,  than  the  preservation 
of  your  Majesty's  woods  in  America,  and  the  importing  of 
timber,  and  all  sorts  of  Naval  Stores,  directly  from  your 
Majesty's  Plantations  to  Great  Britain  ;  and  we  have  often 
represented  the  same  in  several  reports  to  the  Crown.  This 
matter  being  again  referred  to  us  by  your  Majesty's  Order  ; 
we  have  perused  our  former  reports  and  discoursed  with  some 
persons  who  were  formerly  Governors  of  your  Majesty's 
Colonies,  with  sevl.  merchants  concerned  in  the  importation 
of  Naval  Stores,  and  likewise  with  the  Commissioners  of  your 
Majesty's  Navy,  that  we  might  be  the  better  able  to  offer  the 
proper  means  for  preserving  your  Majesty's  woods,  and  for 
encouraging  the  raising  and  improvement  of  Naval  Stores  in 
America  :  Whereupon  we  humbly  take  leave  to  represent  to 
your  Majesty  that  by  the  Charter  granted  to  the  Massachusets 
Bay,  "  all  trees  of  the  diameter  of  24  inches  and  upwards  at 
12  inches  from  the  ground  growing  upon  any  soil  or  tract  of 
land  in  the  said  Province,  not  heretofore  granted  to  any  private 
person  "  were  reserved  for  the  use  of  the  Crown.  But  this 
reservation  hath  been  entirely  destroy'd  by  ye  construction, 
which  the  people  of  New  England  put  upon  a  clause  in  an 
Act  passed  in  the  8th  year  of  His  late  Majesty's  reign,  giving 
further  encouragement  for  the  importation  of  Naval  Stores  etc., 
whereby  it  is  enacted  for  the  preservation  of  white  pine  trees, 
for  the  masting  the  Royal  Navy,  that  no  person  shall  fell,  cut 


64  COLONIAL   PAPERS. 

1728. 

or  destroy  any  white  pine  trees  not  growing  in  any  township 
or  the  bounds  thereof  etc.  The  construction  the  inhabitants 
of  the  Massachusets  Bay  put  upon  this  clause  is,  that  your 
Majesty  has  no  property  in  any  trees  growing  in  any  township 
or  ye  bounds  thereof,  and  consequently  that  the  Surveyor 
General  of  the  woods  hath  no  power  to  prevent  the  people 
from  cutting  them,  for  their  own  use.  The  inhabitants  of 
New  Hampshire  having  interpreted  this  Act  of  Parliament 
in  the  same  manner,  have  got  the  greatest  part  of  their  Colony 
granted  out  into  townships,  by  which  means,  unless  a  remedy 
be  speedily  apply'd,  your  Majesty  will  be  deprived  of  the 
benefit  of  any  masts  growing  either  in  the  Massachusets  Bay 
or  New  Hampshire.  This  we  take  to  be  the  chief  cause  at 
present,  of  the  destruction  of  your  Majesty's  woods  in  those 
Provinces,  which  in  our  humble  opinion  can  only  be  prevented 
by  Act  of  Parliament,  and  we  did  some  years  ago  present  a 
Bill  to  the  House  of  Commons  for  this  purpose,  as  likewise 
to  incourage  the  importation  of  Naval  Stores,  which  had  not 
then  the  desired  effect.  This  Board  has  also  ever  been  of 
opinion  that  it  would  be  necessary  for  your  Majesty's  service, 
that  the  Surveyr.  of  your  Majesty's  woods  should  constantly 
reside  in  some  of  your  Majesty's  Plantatns.  on  the  Continent 
of  America  ;  and  that  the  respective  Governors  thereof,  should 
be  directed  to  be  aiding  and  assisting  to  the  said  Surveyor  in 
the  execution  of  his  duty.  But,  as  it  is  impossible  that  one 
man  alone  should  be  able  fully  to  discharge  his  duty  to  your 
Majesty  in  so  extended  a  trust  without  proper  assistants  ;  in 
our  humble  opinion  it  would  be  for  your  Majesty's  service  that 
the  said  Surveyor  should  be  allow'd  two  or  more  Deputies, 
with  competent  salaries,  for  their  subsistance,  and  that  those 
Deputies  should  be  ship  carpenters  by  professions  conversant 
in  the  use  and  value  of  timber.  These  methods  would  probably 
contribute  towards  the  redress  of  so  great  an  evil  as  the 
destruction  of  your  Majesty's  woods,  and  therefore  should  by 
no  means  be  neglected.  But  even  these  we  have  reason  to 
apprehend  will  not  be  entirely  effectual ;  for  altho'  the 
reservation  of  timber  of  certain  scantlings  for  your  Majesty's 
service,  is  already  expressly  made  by  many  Acts  of  Parliament 
now  in  force  :  yet  the  trees  in  the  Massachusets  Bay  and  New 
Hampshire  being  for  the  most  part  intermixt  with  private 
property,  and  the  interest  of  the  inhabitants  in  this  particular, 
being  opposed  to  that  of  the  publick,  it  has  by  long  experience 
been  found  impracticable,  to  put  the  laws  in  execution  in  their 
ordinary  course  and  therefore  the  adjudication  of  this  matter 
has  by  subsequent  laws  been  placed  in  the  Admiralty  instead 
of  the  Common  Law  Courts,  it  being  impossible  to  find  a  Jury 
that  would  do  justice  to  ye  Crown  in  this  particular.  Upon 
this  footing  the  Law  already  stands  with  respect  to  your 
Majesty's  woods,  notwithstanding  the  repeated  complaints, 


AMERICA   AND   WEST   INDIES.  65 

1728. 

which  we  have  received,  and  as  often  reported  concerning  the 
destruction  made  in  them  ;  and  therefore  when  this  Board 
was  directed  to  draw  up  Instructions  for  Col.  Philips  your 
Majty.'s  Governor  of  Nova  Scotia,  in  order  to  secure  a  lasting 
store  of  timber  for  the  service  of  the  Royal  Navy  in  all  times 
to  come  free  from  contest  and  intermixture  of  property  they 
took  care  to  insert  an  Article,  wherein  it  was  provided, 
"  That  certain  tracts  of  land  found  upon  survey  to  be  most 
proper  for  producing  of  masts  and  other  timber  for  the  use  of 
the  Royal  Navy  and  lying  contiguous  to  the  sea  coast  or 
navigable  rivers  should  be  reserved  for  your  Majesty's  service  "  ; 
and  the  Governor  was  forbid  to  make  any  grants  of  land,  till 
such  tracts  should  have  been  marked  out  and  set  apart  for  your 
Majesty's  use  not  amounting  to  less  than  200,000  acres  etc. 
And  as  we  conceive  this  to  be  a  matter  of  very  great  consequence 
to  your  Majesty's  service,  we  would  humbly  propose  that  the 
Surveyor  General  of  your  Majesty's  woods  may  be  directed, 
without  loss  of  time,  to  proceed  to  Nova  Scotia  and  to  execute 
your  Majesty's  Orders  in  this  particular.  It  would  certainly 
be  of  great  advantage  to  these  Kingdoms  that  we  should  from 
time  to  time  receive  such  supplies  of  Naval  Stores  from  your 
Majesty's  American  Colonies  as  might  render  us  independant 
of  our  Northern  neighbours,  in  an  article  so  highly  important 
to  the  defence,  the  Trade  and  Navigation  of  Great  Britain. 
This  Board  has  therefore  on  all  proper  occasions  urged  the 
necessity  of  this  proposition,  and  the  Legislature  have  likewise 
at  different  times,  made  the  same  the  subject  of  their  con- 
sideration. From  hence  the  several  Acts  have  taken  rise 
which  heretofore  gave  praemiums  on  the  importation  of  Naval 
Stores  from  the  British  Colonies  in  America,  which  Acts  have 
been  attended  with  very  good  consequences,  inasmuch  as  they 
have  greatly  reduced  the  price  of  some  Naval  Stores,  particularly 
of  pitch  and  tar.  But  the  said  praemiums  are  now  all  expired, 
except  only  such  as  relate  to  hemp.  And  we  are  humbly  of 
opinion  it  may  be  necessary  to  renew  them,  tho'  not  in  the 
same  degree.  By  an  Act  passed  in  the  3rd  and  4th  of  Queen 
Ann,  the  praemiums  given  upon  Naval  Stores  were,  for  pitch 
and  tar  £4,  pr.  ton,  rozin  and  turpentine  £3,  masts  and  yards 
and  bowsprits  £l,  hemp,  £6,  to  continue  9  years  ;  and  by 
another  Act  passed  in  the  12th  year  of  the  Queen  they  were 
continued  for  11  years  longer.  By  an  Act  passed  in  the  8th 
year  of  His  late  Majesty's  reign,  the  praemium  given  upon 
hemp  was  further  continued  for  the  space  of  16  years,  and 
from  thence  to  the  end  of  the  next  Session  of  Parliament  which 
will  expire  about  the  year  1741.  But  the  praemuims  on  all 
other  Naval  Stores  did  expire  in  Janry.,  1725/6.  By  the 
last  mentioned  Act,  there  was  a  particular  manner  pre- 
scribed to  prepare  trees  for  the  making  of  tar.  and  it  was  then 
intended  that  no  praemiums  should  be  given  on  any  tar  but 

C,P.  XXXVI— 5 


66  COLONIAL   PAPERS. 

1728. 

such  as  should  be  made  from  trees  prepared  after  the  method 
prescribed.  And  in  the  Bill  which  was  offered  to  the  House 
of  Commons  about  4  years  since  for  encouraging  the  importation 
of  Naval  Stores  from  the  British  Plantations  in  America, 
and  for  the  better  preservation  of  timber  there,  for  the  use 
of  H.M.  Navy,  it  was  thought  proper  to  have  so  much  regard 
to  this  new  method  as  to  give  some  additional  encouragement 
more  than  in  ye  common  way  of  making  tar,  to  induce  ye 
planters  to  fall  into  the  practice.  But  as  we  are  informed  by 
several  persons  concerned  in  making  and  importing  of  tar, 
this  way  has  been  attempted  without  success  and  is  so  far 
despaired  of  that  they  are  apprehensive  if  this  restriction 
should  be  made  general  it  would  in  effect  prevent  the 
importation  of  any  quantities  of  tar  from  your  Majesty's 
Plantations  and  consequently  make  us  again  dependant  upon 
the  Northern  Crowns  for  supplies  of  this  material  branch  of 
Naval  Stores  :  we  are  of  opinion,  in  case  it  should  be  thought 
fit,  that  praemiums  be  continued  upon  tar  imported  from  your 
Majesty's  Plantations,  that  all  tar  clean,  good  merchantable, 
well  conditioned,  clear  of  drops  or  water,  and  fit  in  every 
respect  for  making  cordage  should  be  entituled  to  the  praemium 
hereafter  specify'd,  and  that  an  additional  encouragement 
should  likewise  be  given  to  engage  the  Planters  if  possible,  to 
make  tar  in  this  new  method,  which  we  have  reason  to  believe 
is  the  practise  in  Sweden,  tho'  it  may  not  hitherto  have  been 
found  practicable  in  America.  We  have  discoursed  with 
planters,  merchants  importers,  and  likewise  with  the  Com- 
missioners of  your  Majesty's  Navy  upon  praemiums  for  Naval 
Stores,  who  differ  very  much  upon  this  subject ;  the  planters 
and  merchants  importers  insist  that  the  premiums  should  be 
upon  tar  and  pitch  and  turpentine  £3  pr.  ton  and  masts,  yards 
and  bowsprits  £1.  The  Commissioners  of  your  Majesty's  Navy 
are  of  opinion,  that  it  will  be  sufficient  to  allow,  upon  pitch 
and  tar  £2,  turpentine  £l  10*.  Od.,  masts,  yards  and  bowsprits 
17*.  3d.  What  would  seem  to  us  reasonable  is,  that  a 
competent  allowance  should  be  made  to  the  planter  in  con- 
sideration of  the  price  of  labour  and  freight  in  America  so  far 
as  they  exceed  the  rates  paid  in  the  East  Country  ;  and  the 
merchants  state  this  account  in  the  following  manner  vizt., 
tar  made  in  Finland,  pr.  barrel,  first  cost  4*.,  freight  about  4*., 
leakage  1/6,  wharfage  etc.  1/6,  =  11/0.  Tar  made  in  the 
Plantations  pr.  barrel,  first  cost  7/s.,  freight  in  time  of  peace 
8/s.,  leakage  1/6,  wharfage  etc.  1/6=18/5.  By  this  account 
the  praemium  upon  tar  would  be  7/s.  pr.  barrel  and  the  merchants 
think  the  same  prasmium  necessary  for  pitch.  But  the  Com- 
missioners of  the  Navy  are  of  opinion,  the  article  of  freight 
from  the  East  Country  is  one  shilling  undercharged  by  the 
merchants,  that  from  the  Plantations  6d.  overcharged  ;  taking 
therefore  the  account  with  this  alteration,  the  praemiums  upon 


AMERICA   AND   WEST   INDIES.  67 

1728. 

pitch  and  tar  would  be  5*.  6d.  pr.  barrel.  As  to  turpentine 
very  little  encouragement  will  be  necessary  because  no 
quantities  of  turpentine  are  imported  from  any  other  place 
but  from  your  Majesty's  Plantations  :  And  therefore  we  agree 
with  the  Commissioners  of  the  Navy  in  this  Article  that  is  to 
say  that  a  praemium  of  30*.  pr.  ton  may  be  allowed  upon  every 
ton  of  turpentine  imported  from  the  Plantations,  which  will 
be  little  more  than  the  duty  payable  upon  importation,  which 
amounts  to  £l  Ss.  Qd.  The  praemium  originally  upon  masts, 
yards  and  bowsprits  was  205.  pr.  ton,  but  there  was  then  a 
duty  of  25.  9d.  pr.  ton  payable  on  their  importation,  which 
hath  since  been  taken  off  ;  and  therefore  175.  3d.  will  now  be 
sufficient  encouragement  on  this  head.  But  the  merchants 
complain  that  these  praemiums  have  never  been  regularly  paid, 
that  the  bills  now  made  out  for  them  are  always  at  a  discount, 
and  therefore  desire  that  they  may  hereafter  be  made  payable 
in  the  new  course  of  the  Navy,  which  we  think  reasonable 
and  might  be  some  recompence  for  the  diminution  in  the 
prasmiums.  In  the  foregoing  computation  we  have  omitted 
the  article  of  hemp,  the  praemium  on  that  head  being  sufficient, 
and  in  force  for  about  13  years  to  come  ;  as  likewise  rozin, 
it  not  being  necessary  to  give  any  farther  praemium  for  that 
commodity,  because  rozin  is  made  here  from  turpentine  imported 
from  the  Plantations.  There  is  another  Article  of  Naval 
Stores  very  much  wanted,  and  purchased  from  our  neighbours 
at  a  great  expence,  this  Kingdom  being  annually  obliged  to 
import  about  20,000  tons  of  iron  from  Foreign  Countries  for 
the  most  part  bought  with  ready  money  :  And  there  have  been 
certain  periods  of  time  particularly  during  our  last  difference 
with  Sweden  when  the  want  of  this  commodity  was  found 
very  inconvenient  to  the  publick.  Since  therefore  your  Majesty 
is  taking  into  your  Royal  consideration  the  necessary  incourage- 
ment s  for  importing  of  Naval  Stores  in  genl.  we  thought  it 
our  duty  to  mention  this  among  the  rest,  because  there  is 
great  plenty  of  iron  ore  to  be  found  in  your  Majesty's  Planta- 
tions in  America,  where  wood  for  the  furnaces  likewise  abounds. 
A  Bill  formerly  passed  the  House  of  Commons  wherein  the 
incouragement  proposed  for  importing  iron  in  pigs  and  sows 
from  America  was  the  taking  off  the  duty  payable  upon  the 
importation  of  that  commodity  which  amounts  to  3s./9^d. 
pr.  ton  ;  and  the  same  incouragement  would  in  our  opinion 
engage  the  planters  to  furnish  us  with  sufficient  quantities  of 
iron  to  supply  our  manufacturers.  These  being  our  sentiments 
concerning  the  methods  for  the  preservation  of  your  Majesty's 
woods,  and  the  encouragement  for  the  importation  of  Naval 
Stores  from  your  Majesty's  Colonies  in  America  ;  we  have 
prepared  the  draught  of  a  bill  agreeable  thereunto  ;  which 
we  take  leave  to  transmit,  together  with  this  our  report,  that 
in  case  our  opinion  should  meet  with  your  Majesty's  Royal 


68  COLONIAL   PAPERS. 

1728. 

approbation,  no  time  might  be  lost  in  putting  your  Majesty's 
commands  concerning  the  same  in  execution.  But  as  we 
conceive  it  is  not  reasonable  that  prsemiums  should  be  given 
upon  any  Naval  Stores,  but  such  as  are  actually  employed  at 
home  for  the  service  of  the  British  Navigation,  we  would 
humbly  submit  to  your  Majesty,  whether  it  may  not  be  proper 
before  this  Bill  be  offered  to  the  House  of  Commons,  that  a 
clause  should  be  prepared  to  provide  that  upon  the  re-exporta- 
tion of  Naval  Stores  which  received  praemiums,  the  sd. 
premiums  or  an  equivalent  for  them,  should  be  repaid  to  the 
publick.  Annexed, 

118.  i.  Draught  of  an  Act  for  the  better  and  more  effectual 
preservation  of  H.M.  woods  in  America,  and  for 
encouraging  the  importation  of  Naval  Stores  from 
thence.  [C.O.  324,  11.  pp.  65-97.] 

March  20.  119.  Governor  Hunter  to  Mr.  Stanyan.  The  storeship 
Jamaica.  jjas  arrived  "  in  twelve  weeks  three  days  from  the  Downs. 
She  comes  in  good  time  for  this  squadron,  wch.  wants  rigging 
and  stores  much.  Mr.  Hopson  with  all  the  squadron  except 
the  Berwick,  and  Capt.  Anstey's  ship,  is  still  on  ye  coast  "  etc. 
Our  sloops  from  that  coast  tell  me  the  galleons  are  all  there 
(at  Cartagena)  safe  enough  tho'  not  very  sound  ;  their  cargo 
at  Panama.  I  can  say  nothing  of  our  publick  affairs  till  the 
Assembly  has  mett,  which  will  fall  out  to-morrow  seven  night. 
All  is  pretty  serene  and  quiet  here  at  present,  except  some 
disturbances  from  remote  places  from  the  wild  negroes.  Send 
me  your  resolution  as  to  Mr.  Bowerman's  offers  in  relation 
to  Mr.  Coleman's  affaire,  and  some  of  your  spare  newspapers. 
If  I  could  be  of  any  use  here  to  you  or  any  you  are  concerned 
for,  it  would  be  matter  of  satisfaction  to  me  etc.  P.S.  My 
most  humble  duty  to  his  Grace  etc.  Signed,  Ro.  Hunter. 
Endorsed,  Rd.  May  31st.  Holograph.  2  pp.  [C.O.  137,  53. 
//.  26,  200.,  27w.] 

March  20.       120.     Council   of  Trade   and   Plantations   to   the   Duke   of 
Whitehall.     Newcastle.     Enclose     following     to     be     laid     before     H.M. 
Autograph  signatures.     1  p.     Enclosed, 

120.  i.  Petition  of  Majority  of  Assembly  of  Barbados  to 
the  King.  Duplicate  of  No.  6  i.  [C.O.  28, 
39.  Nos.  42,  42.i  ;  and  (without  enclosure)  29,  14. 
p.  439.] 

[Mar.  20.]       121.     Proceedings   of  Court   of  Chancery,    Barbados,    May 
17,   1727— March  20,   1728.     12  pp.     [C.O.   33,   27.     No.   10.] 

March  20.        122.     Council   of  Trade   and   Plantations   to   the   Duke   of 
Whitehall.     Newcastle.     Enclose    following   to    be    laid    before   the    King. 
Annexed, 


AMERICA   AND   WEST   INDIES.  69 

1728. 

122.  i.  Same  to  the  King.  We  humbly  lay  before  your 
Majesty  enclosed  draught  of  Instructions  for  Governor 
of  New  Hampshire  (No.  iv)  with  some  few  alterations 
and  our  reasons  for  the  same.  There  being  two 
vacancies  in  your  Majesty's  Council  of  New  Hampshire 
by  the  death  of  Mr.  Vaughan  and  Mr.  Penhallow, 
we  have  inserted  the  names  of  Henry  Sherburn,  and 
of  Saml.  Penhallow  Esqrs.  to  supply  the  said  vacancies 
etc.  We  have  added  the  30th  Article  requiring  the 
Assembly  to  settle  upon  Mr.  Burnet  a  sallary  of 
£200  pr.  annum,  in  pursuance  of  your  Majesty's 
Order  in  Council,  15th  Feb.  We  have  omitted  the 
72nd  Article  of  Collo.  Shute's  Instructions  directing 
him  to  endeavour  to  get  a  law  past  for  restraining 
of  inhuman  severities  towards  servants  and  slaves, 
a  law  having  been  passed  for  that  purpose.  We 
have  made  no  other  alteration  or  addition  to  these 
draughts,  except,  what  your  Majesty  has  already 
approved  in  your  Instructions  to  the  Earl  of  Orkney, 
Governor  of  Virginia.  Annexed, 

122.  ii.  Same  to  Same.  Lay  before  H.M.  enclosed  draught 
of  Instructions  for  Governor  of  the  Massachusets 
Bay.  Continue  : — We  have  added  the  23rd  Article, 
requiring  the  Assembly  to  settle  upon  Mr.  Burnet, 
a  salary  of  £1000  pr.  annum,  in  pursuance  of  your 
Majesty's  Order  in  Council,  15th  Feb.  We  have 
omitted  the  68th  Instruction  formerly  given  to  Colo. 
Shute,  in  relation  to  the  qualification  of  jurors,  it 
being  now  provided  for,  by  the  laws  of  that  Province. 
We  have  left  out  the  latter  part  of  the  44th  Instruction, 
obliging  the  planters  to  keep  a  certain  number  of 
white  servants  ;  but  there  being  very  few,  if  any 
negroes  in  the  Province,  we  think  it  more  properly 
omitted.  There  having  been  no  stores  of  war  sent 
from  the  Office  of  Ordnance  here,  to  the  Massachusets 
Bay  for  several  years  past,  and  the  fort  at  Pemaquid 
being  of  no  use  since  the  Province  of  Nova  Scotia  has 
been  yeilded  up  to  the  Crown  of  Great  Britain,  we 
have  omitted  part  of  the  58th  Instruction  in  relation 
thereto.  We  have  altered  Colo.  Shute's  40th 
Instruction  in  relation  to  the  appointment  of  an 
Attorney  Genl.  and  expressed  Mr.  Burnet 's  70th 
upon  the  same  subject  in  such  terms,  as  may 
prevent  the  General  Court,  from  taking  upon  them 
to  nominate  the  Attorney  Genl.  as  they  have  some- 
times done,  altho'  the  naming  that  officer  is 
undoubtedly  your  Majesty's  right.  Concludes  as 
preceding. 


70 


COLONIAL   PAPERS. 


1728. 

122.  iii.  Draught  of  H.M.  Instructions  for  William  Burnet, 
Governor  of  the  Massachusets  Bay,  together  with 
Instructions  relating  particularly  to  the  Acts  of 
Trade  and  Navigation.  St.  James,  28th  March,  1728. 

122.  iv.  Draught  of  H.M.  Instructions  to  William  Burnet, 
Governor  of  New  Hampshire,  together  with  In- 
structions relating  particularly  to  the  Acts  of  Trade 
and  Navigation.  St.  James's.  28th  March,  1728. 
[C.O.  5,  916.  pp.  62-165.] 

March  21.       123.     Order  of  King  in  Council.     Referring  to  Committee 
st.  James's,    draughts  of  Governor  Burnet's  Instructions.     Signed,  Edward 

Southwell.     Endorsed,    Reed.    29th,    Read    30th    April,    1728. 

I%pp.     [C.O.  5,  870.     ff.  61,  61u.,  62u.] 

March  21.       124.     Order  of  King  in  Council.     Approving  report  of  7th 

st.  James's.    March,    and    restoring    Samuel    Barwick    to    the    Council    of 

Barbados.      Signed,     Edward    Southwell.      Endorsed,    Reed., 

Read  12th  April,  1728.     2J  pp.     [C.O.  28,  19.     ff.  176-177i;.] 

March  21.  125.  Mr.  Meure  to  [?  Mr.  Delafaye].  Encloses  application 
from  Lt.  General  Mathew  for  H.M.  leave  of  absence  for  six 
months  etc.  Concludes : — Mr.  Mathew  writes  that  the  sale 
of  the  French  lands  of  St.  Christophers  is  just  now  compleated. 
Signed,  Abraham  Meure,  of  Rose  Street  in  Soho.  2  pp.  [C.O. 
152,  43.  ff.  27,  27v.] 

March  21 .  1 26.  H.M.  Warrant  granting  licence  of  absence  to  Thomas 
st.  James's.  Windham,  Register  of  Chancery  and  Patents  in  Jamaica,  and 
to  exercise  his  office  by  deputy,  "  he  having  humbly  repre- 
sented to  us,  that  being  employed  in  Our  service  at  home, 
he  cannot  without  prejudice  thereto,  as  well  as  to  his  own 
private  affairs,  attend  the  said  office  in  person "  etc.  Cf. 
29th  Feb.,  1728.  Countersigned,  Holies  Newcastle.  [C.O. 
324,  36.  pp.  44,  45  ;  and  324,  50.  pp.  3,  4.] 

March  23.  127.  Governor  the  Earl  of  Londonderry  to  the  Council  of 
Trade  and  Plantations.  I  take  ye  liberty  to  acquaint  your 
Lordships  that  Collo.  Gamble  one  of  the  Counsell  of  Antegoa 
is  dead,  and  that  there  is  now  two  vacancys,  by  which  means 
both  Major  Thomas  and  Mr.  Carlile  might  be  brought  into  the 
Counsell  there,  if  it  meets  with  your  Lordships,  and  the  rest 
of  the  Lords  approbation,  etc.  Signed,  Londonderry.  Endorsed, 
Reed.,  Read  26th  March,  1728.  Holograph.  1  p.  [C.O.  152, 
16.  ff.  188,  189t;.] 

March  25.       128.     Lt.    General   Mathew   to   the   Council   of  Trade   and 

st.          Plantations.       Transmits    act    of    Antego,   for  encr easing   the 

3ra'  salary    of  the   present   Agent    etc.     Signed,    William    Mathew. 

Endorsed,   Reed.    27th   May,    1728,    Read   28th   March,    1729. 

1  p.     [C.O.  152,  17.    ff.  5,  Qv.] 


AMERICA  AND   WEST   INDIES. 


71 


1728. 

March  25.       1 29.     Petty  expences  of  the  Board  of  Trade  from  Christmas, 
1727  to  Lady  day,  1728.     6  pp.     [C.O.  388,  79.     Nos.  18-21.] 

[?  March  130.  Six  Lords  Proprietors  of  Carolina  to  the  Committee 
25  ?]  of  the  Privy  Council  for  the  Irish  bills  and  affairs  of  Carolina. 
Enclose  following  estimate  as  directed  March  19  (v.  A.P.C. 
III.  p.  174).  Continue  : — For  want  of  a  proper  Register  they 
cannot  offer  it  as  an  exact  account  of  their  arrears,  judging 
upon  a  strict  enquiry  much  more  will  be  found  due  to  them. 
They  therefore  propose  that  an  additional  sum  of  £5000  be  paid 
to  them  in  quittance  of  such  arrears  etc.  as  set  out,  A.P.C.  III. 
p.  176.  Pray  that  a  time  may  be  fixed  for  the  execution  of  the 
surrender  and  payment  of  the  mony  in  order  to  prevent  the 
great  damage  which  a  long  suspence  may  occasion  to  the 
inhabitants  and  the  Province  in  general  as  well  as  to  Memorialists 
in  particular,  who  would  be  ready  and  willing  to  close  with  some 
of  the  proposals  which  have  been  made  to  them  for  the  better 
setling  the  Province,  which  they  would  not  presume  to  engage 
in  till  H.M.  Royal  pleasure  is  known.  Signed,  Beaufort, 
Craven,  Ja.  Bertie,  Hen.  Bertie,  J.  Colleton,  Arch.  Hutcheson. 
Annexed, 

130.  i.  Estimate  of  arrears  due  to  the  Proprietors  of  North 
and  South  Carolina.  The  insurrection  in  South 
Carolina  which  began  about  1718  hath  not  only 
interrupted  all  manner  of  correspondence  between 
the  Proptrs.  and  that  province  ever  since,  but  also 
had  a  considerable  influence  upon  North  Carolina  ; 
and  the  Surveyors  General  having  neglected  their 
duty  and  made  no  return  as  they  ought  to  have 
done,  the  Proptrs.  have  no  rent  roll  and  conse- 
quently are  not  able  to  give  a  full  account  of  their 
arrears  due  to  them,  for  which  reason  they  begin 
their  demands  only  from  1719  inclusive  being  9 
years  arrears  which  may  be  computed  for  both 
Provinces  at  least  at  £800  pr.  annum  free  of  all 
charges  in  the  whole  amounting  to  £7,200.  Fines 
set  and  collected  in  Governor  Nicholson's  time  which 
belong  of  right  to  the  Proptrs.,  and  they  are 
informed  are  now  or  lately  were  in  the  hands  of  Messrs. 
Godin  and  Consiliere  of  S.  Carolina,  £500.  The 
tenths  upon  mines  proposed  to  be  wrought  of  which 
a  sample  of  the  oare  was  sent  over,  they  value  at 
£1000.  The  tenths  reserved  upon  the  whale  fishery 
in  North  Carolina  granted  four  years  ago  which 
according  to  the  account  received  must  have  been 
considerable,  valued  for  the  4  years  at  £800.  N.B. 
There  have  been  no  accounts  setled  between  the 
Proptrs.  and  their  Receivers  for  above  10  years 
before  1719  etc.  It  is  judged  that  if  those  accounts 


72  COLONIAL   PAPERS. 

1728. 

were  regularly  adjusted,  there  would  be  at  least 
£6000  more  due  to  the  Proprietors  etc.  About  £10.000 
sterling  per  annum  is  raised  in  South  Carolina  by 
dutys  upon  land  negroes  and  other  commoditys 
appropriated  for  defraying  the  expence  of  the 
Government  which  does  not  regularly  amount  to  half 
that  sum,  so  that  if  it  were  duly  collected,  and  apply'd 
it  would  not  only  supply  what  is  necessary  for  the 
support  of  the  Government  but  also  afford  an  overplus 
for  the  general  improvement  of  the  Province.  Account 
of  claims  upon  the  Proprietors : — To  the  Crown  for 
the  quit-rent  reserved  by  the  Charter,  about  £300  ; 
To  the  Secretary  for  his  arrears  and  disbursements, 
£1039  7*.  Id.  ;  To  the  Clerks,  £165  ;  To  Sollicitors, 
Attorneys,  Agents  etc.  for  9  years,  £620  ;  To  Judge 
Trot,  salary  for  two  years,  £200  ;  To  Mr.  Craven, 
money  advanced  for  the  public  service,  £200  ;  To 
ditto,  a  present  ordered  by  the  Proptrs.  upon  his 
not  returning  to  the  Government  in  consideration  of 
his  good  services  as  Governor  of  S.  Carolina  in 
defending  the  Province  and  repulsing  the  Indians, 
£1000  ;  To  Mr.  Johnson  for  arrears  of  salary  after 
the  people  refused  to  pay  their  quit  rents,  £400 ; 
To  house  rent  where  an  office  was  kept,  £400  ;  To 
extraordinary  charges  and  gratifications,  £500. 
Total,  £4824  7*.  Id.  Signed  as  preceding.  [C.O.  5, 
290.  pp.  267-272.] 

March  27.       131.     Council   of  Trade   and   Plantations   to   the   Duke   of 

Whitehall.     Newcastle.     In   obedience  to  H.M.   commands   (15th  March), 

we    have    reconsidered    our    Representation    (27th    Feb.)    etc., 

and  take  leave  to  inclose  the  same,  in  order  to  its  being  laid 

before  H.M.     Autograph  signatures.     I  p.     Enclosed, 

131.  i.  Same  to  the  King.  Representation  upon  the  Duke 
of  Montagu's  petition  for  a  grant  of  Tobago.  In  same 
words  as  27th  Feb.,  but  with  the  following  passage 
inserted : — Were  this  Island  effectually  settled,  the 
Revenues  of  the  Crown  would  be  increased  by  the 
importation  of  the  product  thereof  to  Great  Britain  ; 
the  duty  paid  upon  the  importation  of  sugars  from 
Barbados,  amounts  to  abt.  £25,000  p.  annum,  of 
which  £10,000  belongs  to  your  Majesty's  Civil  List 
Revenue,  and  this  Island  being  as  large  if  not  larger 
than  Barbados,  and  capable  of  the  same  produce 
with  Barbados,  it  is  not  to  be  doubted  but  that  in  a 
few  years,  the  product  of  Tobago  must  yeild  a  very 
considerable  revenue  to  your  Majesty  ;  the  duty  of 
4|  p.  cent,  when  this  Island  is  settled,  will  likewise 
be  a  considerable  addition  to  your  Majesty's  Revenue. 


AMERICA   AND   WEST  INDIES.  73 

1728. 

The  French  having  greater  quantities  of  fresh  sugar 
land  than  the  English  ;  which  produce  with  little 
or  no  charge  of  manure,  and  giving  greater  incourage- 
ment  to  all  their  Plantations  in  America,  particularly 
by  a  late  edict  allowing  their  planters  to  carry  their 
sugars  directly  to  foreign  markets,  they  are  able  to 
undersell  Great  Britain  in  all  parts  of  Europe,  for 
which  reason  all  proper  methods  should  be  taken 
to  put  your  Majtys.  subjects  upon  a  more  equall 
footing  with  the  French  in  this  particular,  and  it  is 
not  to  be  doubted  but  the  planting  of  sugar  canes  on 
the  fresh  lands  in  Tobago,  will  very  much  contribute 
to  this  desirable  end.  The  French  are  already  very 
powerfull  in  their  sugar  Colonies  and  are  daily 
endeavouring  to  encrease  them  by  obliging  every  ship 
that  goes  to  their  Islands,  to  carry  thither  a  certain 
number  of  family's,  which  will  make  it  the  more 
necessary  for  your  Majesty's  service,  that  all  possible 
encouragement  should  be  given  for  the  settling  and 
planting  of  Tobago,  which  will  be  an  additional 
strength  to  your  Majesty's  Colonies  in  those  parts.  And 
altho'  the  inhabitants  of  your  Majesty's  Sugar  Islands 
may  apprehend  that  it  is  not  for  their  particular  advan- 
tage, that  Tobago  should  be  planted,  and  have  formerly 
oppos'd  it,  least  this  new  Plantation  should  reduce 
the  price  of  sugars,  yet  when  it  shall  be  duly  considered 
how  necessary  it  is  that  your  Majesty's  subjects 
should  go  to  foreign  markets  upon  equal  terms  with 
their  neighbours,  who  as  has  been  already  observ'd, 
do  greatly  undersell  us  :  it  will  not  be  thought 
reasonable  that  the  interest  of  the  sugar  Plantations 
should  stand  in  competition  with  that  of  Great  Britain. 
The  settling  of  this  Island  will  increase  the  exportation 
of  the  product  and  manufactures  of  Great  Britain 
and  the  importation  of  the  product  of  that  Island 
to  Great  Britain,  as  well  as  the  re-exportation  of  it 
from  hence  to  foreign  countrys,  will  necessaryly 
encrease  the  number  of  British  ships  and  seamen, 
to  the  great  benefit  of  Trade  and  Navigation  of  this 
Kingdom.  The  situation  of  Tobago  renders  it  of 
very  great  consequence,  because  most  ships  going 
from  Europe,  or  Africa,  to  the  Spanish  West  Indies, 
sail  in  sight  of,  or  near  this  Island,  and  it  is  so  situate 
with  respect  to  Barbados,  that  should  it  fall  into  the 
hands  of  any  foreign  power,  they  would  have  the 
same  advantage  in  case  of  a  rupture,  over  Barbados, 
to  make  invasions  thereon,  as  the  French  from 
Martinique  had  in  the  late  war,  against  St.  Christo- 
phers, Nevis  and  Montserrat ;  the  windward  situation 


74 


COLONIAL  PAPERS. 


1728. 

of  this  Island  with  respect  to  Barbados  being  pretty 
near  the  same  with  that  of  Martinique  with  respect 
to  your  Majesty's  Leeward  Islands.  Continues  as  27th 
Feb.  [C.O.  29,  14.  pp.  440-447 ;  and  (covering 
letter  only)  285,  2.  No.  7.] 

March  27.       132.     H.M.  Warrant  restoring  Samuel  Barwick  to  his  place 
st.  James's.    in    the    Council    of   Barbados,    he    having    now    rendered    his 

accompts    etc.     cf.    19th    Jan.    1719.      Countersigned,    Holies 

Newcastle.     [C.O.  324,  36.     pp.  46,  47.] 

March  28.  133.  Order  of  King  in  Council.  Whereas  H.M.  in  Councill 
St.  James's,  was  this  day  pleased  to  order,  for  the  better  preservation  of 
the  woods  in  North  America,  that  the  Lords  Commissioners 
of  His  Treasury,  should  give  directions  to  the  Surveyor  of 
H.M.  woods  to  reside  constantly  in  some  of  H.M.  Plantations 
on  the  Continent,  and  to  proceed  without  loss  of  time  to  Nova 
Scotia,  and  lay  out  such  tracts  of  land  there,  as  shall  appear 
most  proper  for  producing  masts  and  other  timber  for  the  use 
of  the  Royal  Navy,  not  amounting  to  less  than  200,000  acres  ; 
and  that  they  should  appoint  two  or  more  Deputys,  conversant  in 
the  use  and  value  of  timber,  being  ship-carpenters  by  profession, 
with  competent  salarys,  to  assist  the  said  Surveyor  in  the 
execution  of  his  duty,  and  whereas  H.M.  judges  it  necessary, 
that  the  Governors  of  all  the  Plantations  on  the  Continent  of 
North  America,  should  be  aiding  and  assisting  to  the  said 
Surveyor  and  his  Deputys,  [He]  is  hereby  pleased  to  order, 
that  the  Lords  Commissioners  for  Trade  and  Plantations  do 
forthwith  prepare  a  draught  of  Instructions,  proper  to  be 
sent  to  the  said  Governors  for  that  purpose,  and  present  the 
same  to  His  Majesty  at  this  Board  for  his  royall  approbation. 
Signed,  Edward  Southwell.  Endorsed,  Reed.  1st,  Read  2nd 
April,  1728.  If  pp.  [C.O.  323,  8.  No.  87.] 

March  28.       134.     Order  of  King  in  Council.     Described  in  preceding. 
st.  James's.    Signed,  Edward  Southwell.     Endorsed,  Reed.  15th  Aug.,  Read 
20th   Nov.,  1728.      Copy.     2-|  pp.      [C.O.    323,    8.     No.    97, 
pp.  1-3.] 

March  28.       135.     Order  of  King  in  Council.     Approving  draughts  of 
st.  James's.    Instructions  for  Governor  Burnet.     Signed,  Edward  Southwell. 

Endorsed,  Reed.  29th,  Read  30th  April,  1728.     2  pp.     [C.O. 

5,  870.    ff.  63,  63u.,  64u.  ;   and  5,  194.     /.  138  a,  b.] 

March  28.       136.     Copy  of  above  Instructions.     [C.O.  5,  194.    ff.  139- 

St.  James's.     277.] 

[Mar.   28.]       137.     Copy  of  Governor  Burnet's  instructions  relating  to 
his  salary.     2}  pp.     [C.O.  5,  10.     Nos.  20  and  185.] 


AMERICA   AND   WEST   INDIES. 


75 


1728. 

March  29. 

Whitehall. 


March  29. 

Whitehall. 


138.  Council  of  Trade  and  Plantations  to  the  Lords  Com- 
missioners of  the  Treasury.     Enclose  accounts  to  Lady  day 
of  Office  incidental  charges  and  request  payment  thereof  and 
of  officers'    salaries.     Account   annexed.     [C.O.    389,   37.     pp. 
288,  289.] 

139.  Council   of  Trade   and   Plantations   to   the   Duke   of 
Newcastle.     Enclose  following,   in  reply  to   16th  Nov.,   1724, 
q.v.     Autograph  signatures.     I  p.     Enclosed, 

139.  i.  Same  to  the  King.  Quote  Governor  Hart's  reply  as  to 
the  runaway  negroes  of  Mr.  Garret  of  Guadeloupe 
etc.  Represent  that  Mr.  Garret  has  not  so  much 
reason  to  complain,  considering  that  he  may  have 
redress,  by  due  course  of  law,  for  any  wrong  sustained. 
But  if  the  French  Governor  of  Marygalante  will 
make  restitution  to  Mr.  Molineux,  of  those  negroes 
which  have  been  unjustly  detain'd  from  him,  we 
would  likewise  humbly  propose  that  your  Majty's 
Governor  of  the  Leeward  Islands  may  be  directed 
to  restore  to  Mr.  Garret  so  many  negroes  as  he  can 
prove  a  title  to.  [C.O.  152,  40.  Nos.  23,  23.i ;  and 
153,  14.  pp.  317-320.] 


March  30.  140.  Mr.  Popple  to  Mr.  Fane.  Encloses,  for  his  opinion 
Whitehall,  in  point  of  law,  two  Acts  of  Barbados  (i)  for  laying  a  duty 
upon  wines  etc.,  and  (ii)  to  prevent  the  carrying  off  of  negro 
slaves  etc.  ;  and  two  bills  passed  by  the  Assembly,  1727  (i) 
to  ascertain  the  elections,  powers  and  proceedings  of  church-wardens 
etc.,  and  (ii)  to  exclude  members  of  the  Assembly  from  certain 
offices  etc.  [C.O.  29,  14.  pp.  448,  449.] 

March  30.       141.     H.M.  license  of  absence  for  Lt.  General  Mathew  for 

st.  James's,    six  months  upon  his  urgent  occasions.     Countersigned,  Holies 

Newcastle.     [C.O.  324,  36.     p.  54  ;    and  324,  50.     pp.  37,  38.] 


April  3.  142.  Lord  Craven  to  the  Duke  of  Newcastle.  I  am  forc'd 
(now  the  gout  has  taken  possession  of  me)  to  inform  you  by 
this  letter  etc.  that  as  I  and  the  rest  of  the  Proprietors  have 
agreed  to  part  with  our  interest  in  Carolina,  upon  such  terms, 
as  H.M.  has  been  pleas'd  to  accept,  and  such  as  we  thought 
most  conducive  to  the  benefit  of  the  publick  in  general,  and 
the  interest  of  that  Province  in  particular  ;  so  we  continue 
our  hearty  desires,  and  shall  endeavour,  yt.  that  Colony  may 
flourish,  and  be  of  most  benefit  to  the  Kingdom  of  Great 
Britain  ;  In  order  to  this  we  earnestly  desire  that  your  Grace 
will  be  pleas'd  to  recommend  Col.  Horsey  to  H.M.  to  be  the 
Governour,  who  in  our  opinion  is  a  person  the  most  proper 


76 


COLONIAL  PAPERS. 


1728. 


and  fit  for  the  execution  of  that  trust,  and  to  settle  and  quiet 
the  troubles,  and  extream  great  difficulties  and  disorders  that 
the  Colony  is  now  under ;  He  does  not  want  to  make  a  fortune 
there  ;  nor  will  he  go  with  any  such  view  ;  and  we  are  confident 
by  the  information  we  have  receiv'd  from  thence,  he  will  be 
the  most  acceptable  person  to  the  inhabitants  H.M.  can  send  ; 
We  each  of  us  design  to  take  up  such  tracts  of  land,  and  upon 
such  terms  as  H.M.  shall  be  pleas'd  to  grant  'em  to  us  ;  so 
yt.  each  of  us  may  be  as  serviceable  as  we  can  in  the  setling 
and  peopling  of  the  country.  But  we  can't  concern  ourselves, 
if  Mr.  Johnson  (who  was  our  former  Governour)  is  sent  to 
command  there,  of  whose  conduct  and  disability  we  have  had 
such  wofull  experience  ;  I  therefore  once  more  intreat  your 
Grace  to  use  your  interest  in  Col.  Horsey's  favour,  who  has 
been  so  very  instrumental  in  procuring  this  surrender,  and  is 
the  only  person  we  know,  yt.  is  capable  to  settle  the  quiet 
and  repose  of  that  Colony.  Signed,  Craven.  3|  pp.  [C.O. 
5,  387.  No.  79.] 


April  4.         143.     Commodore  St.  Lo  to  Mr.  Popple.     Encloses  following. 
London.       Signed,  John  St.  Lo.     Endorsed,  Reed.,  Read  5th  April,  1728. 
Addressed.     \  p.     Enclosed, 

143.  i.  Remarks  on  the  Fishery  of  Placentia.     If  the  houses 

and  beaches  belonging  thereto  were  restored  to  the 
fishermen  and  planters,  who  have  been  obliged  to 
leave,  it  would  mean  an  increase  of  fish  caught 
resulting  in  an  increase  of  £30,000  to  H.M.  Revenue 
etc.  1  p.  [C.O.  194,  8.  ff.  167,  168,  170i;.] 

April  4.  144.  Order  of  King  in  Council.  Whereas  H.M.  was  pleased 
St.  James's,  by  his  Order  in  Council  of  15th  June,  1727,  to  declare  his  royal 
pleasure,  that  in  all  the  prayers,  litanies  and  collects  for  the 
Royall  Family,  instead  of  the  words  [H.R.H.  George  Prince 
of  Wales,  the  Princess  and  their  issue  and  all  the  Royal  Family] 
there  should  be  inserted  [Our  Gracious  Queen  Caroline,  the 
Royal  issue,  and  the  rest  of  the  Royal  Family],  orders  that  the 
Lords  Commissioners  for  Trade  and  Plantations  prepare 
draughts  of  Instructions  signifying  the  same  proper  to  be  sent 
to  all  the  Governors  of  H.M.  Plantations  in  America.  Signed, 
Ja.  Vernon.  Endorsed,  Reed.,  Read  10th  April,  1728.  l^rdpp. 
Enclosed, 

144.  i.  Order  of  King  in  Council,  15  June,  1727,  referred  to 

in  preceding.  Printed.  1  p.  [C.O.  323,  8.  Nos. 
88,  88.  i.] 

April  5.         145.     List  of  Carolina  papers.     Endorsed,  Reed,  from  Mr. 
Wrag.     Read   5th  April,   1728.     1  p.     [C.O.   5,   360.    ff.  32, 


AMERICA   AND   WEST   INDIES.  77 


1728. 

[April  5.]  146.  Accounts  of  the  Treasurer  of  S.  Carolina  with  report 
of  the  Committee  of  Public  accounts  thereon.  Nov.  23,  1725. 
Signed,  James  Kinloch,  Benja.  De  la  Conseillere.  Endorsed, 
Reed,  (from  Mr.  Wrag)  6th  July,  Read  28th  Sept.,  1727. 
8f  pp.  [C.O.  5,  360.  ff.  34v.-38v.,  40u.] 

[April  5.]  147.  Petition  of  inhabitants  of  the  parishes  of  St.  Paul 
and  St.  Bartholomew  to  the  Assembly  of  S.  Carolina.  Welcome 
the  summoning  of  Assembly,in  accordance  with  their  repeated 
requests,  and  pray  that  the  Currency  may  be  regulated,  the 
Habeas  Corpus  Act  observed  and  other  abuses  remedied  etc. 
87  signatures.  Endorsed,  Reed,  (from  Mr.  Wrag),  Read  5th 
April,  1728.  Copy.  4&  pp.  [C.O.  5,  360.  ff.  41,  42,  43, 
44,  45,  4>5v.] 

[April  5.1  148.  Similar  petition  from  inhabitants  of  the  parish  of 
St.  Thomas  and  St.  Dennis.  46  signatures.  Endorsed  as 
preceding.  Copy.  4|  pp.  [C.O.  5,  360.  ff.  46,  47,  48,  49, 
50,  50v.] 

[April  5.]  149.  Similar  petition  from  inhabitants  of  Christ  Church 
parish.  39  signatures.  Endorsed  as  preceding.  Copy.  4  pp. 
[C.O.  5,  360.  ff.  5I-52v.] 

[April  5.]  1 50.  Memorial  of  Landgrave  Thomas  Smith  to  the  Assembly 
of  S.  Carolina.  Complains  that  on  llth  June,  1727,  he  was 
arrested  and  committed  on  a  charge  of  high  treason  in 
endeavouring  to  raise  an  insurrection,  and  in  spite  of  his 
application  for  a  writ  of  Habeas  corpus,  remains  in  prison 
without  trial,  owing  to  the  action  of  Thomas  Hepworth  the 
late  Chief  Justice.  Petitioner  is  one  of  the  oldest  setlers,  and 
has  spent  25  years  in  the  Council  and  Assembly  serving  the 
public  at  his  own  charge  etc.  Prays  that  he  may  be  declared 
within  the  benefit  of  the  Habeas  Corpus  Act  etc.  Signed, 
Thomas  Smith.  Endorsed  as  preceding.  Copy.  2^  pp. 
[C.O.  5,  360.  ff.  53,  54,  55,  55v.] 

[April  5.]  1 51 .  Petition  of  the  inhabitants  of  the  parish  of  St.  James 
Santee  to  the  Assembly  of  S.  Carolina.  Petition  for  the 
regulation  of  the  currency  and  other  abuses.  Ask  that  the 
right  of  H.M.  subjects  to  petition  the  Governor  and  Council 
to  call  the  General  Assembly  may  be  asserted,  and  that 
those  who  denounce  them  as  factious  and  seditious  and  imprison 
them  for  doing  so  are  betrayers  of  the  rights  and  liberties  of 
the  subjects  of  England.  30  signatures.  Same  endorsement. 
Copy.  31  pp.  [C.O.  5,  360.  ff.  56-57u.] 

[April  5.1  1 52.  Similar  petition  from  inhabitants  of  parish  of  St. 
Johns.  52  signatures.  Same  endorsement.  Copy.  4  pp. 
[C.O.  5,  360.  ff.  58-59i;.] 


78 


COLONIAL   PAPERS. 


1728. 

[April  5.] 


April  5. 

Whitehall. 


April  5. 

Whitehall. 


April  5. 

Whitehall. 


153.  Minutes    of   Council    and    Assembly    of   S.    Carolina, 
Oct.  31,  1727,  concerning  the  Proclamation  of  King  George  II. 
Same  endorsement.     Copy.     2  pp.     [C.O.   5,   360.    ff.   60,   61, 

610.] 

1 54.  Duke    of   Newcastle    to    the    Council    of   Trade    and 
Plantations.     H.M.    having   been   pleased   to   continue   Henry 
Worsley  Esq.   in   the  employment  of  Governor  of  Barbados 
in  America,  you  are  to  prepare  draughts  of  a  Commission  and 
Instructions  for  him  etc.     Signed,  Holies  Newcastle.     Endorsed, 
Reed.  5th,  Read  9th  April,  1728.     \  p.     [C.O.  28,  19.    ff.  174, 
1750.] 


1  55.  Council  of  Trade  and  Plantations  to  the  King.  Refer 
to  representation  of  16th  March,  1727,  proposing  recall  of 
Lt.  Govr.  Gledhill.  Continue : — Since  this,  we  have  had 
under  our  consideration  several  letters  from  Capt.  St.  Lo  etc., 
and  discoursed  with  him  since  his  return  home.  We  find  that 
Col.  Gledhill  still  continues  to  interrupt  and  disturb  the  Fishery 
at  Placentia,  by  obliging  the  fishermen  to  pay  him  certain 
sums  of  money  for  the  Beach  they  possess,  in  direct  opposition 
to  the  Act  for  encouraging  the  trade  to  Newfoundland,  whereby 
all  your  Majesty's  subjects  have  liberty  freely  to  trade  and 
fish  at  Newfoundland  and  the  parts  adjacent,  to  go  ashore,  to 
cure  fish  and  make  oyl,  cut  wood,  and  do  whatever  else  may 
be  useful  in  the  fishing  trade,  without  any  hindrance  etc.  This 
proceeding  of  Col.  Gledhill  is  also  a  manifest  breach  of  your 
Majesty's  Instructions,  whereby  neither  he  nor  any  of  the 
Garrison  of  Placentia  are  to  concern  themselves  in  the  Fishery 
etc.  As  we  have  receiv'd  several  complaints  of  this  nature 
against  Col.  Gledhill,  to  which  he  has  never  yet  given  us  any 
satisfactory  answer,  and  as  we  find  that  he  still  continues  to 
disturb  the  Fishery  notwithstanding  the  aforesaid  Act  of 
Parliament  and  your  Majesty's  Instructions,  we  take  leave 
to  represent  our  humble  opinion,  that  it  will  be  for  your  Majesty's 
service  that  he  be  immediately  remov'd  from  his  imployment. 
[C.O.  195,  7.  pp.  152-154.] 

156.  Council  of  Trade  and  Plantations  to  the  King.  In 
obedience  to  Order  of  28th  March,  enclose  following  etc. 
Annexed, 

156.  i.  Draught  of  Additional  Instruction  to  the  Governors 
of  New  York,  New  Jersey,  New  Hampshire,  the 
Massachusets  Bay,  Rhode  Island  and  Connecticut,  to 
be  aiding  and  assisting  to  the  Surveyor  General  of 
the  Woods  or  his  Deputies  etc.  in  preventing  the 
destruction  of  H.M.  woods,  or  in  punishing  such  as 
shall  be  found  offending  therein  etc.  Printed,  Conn. 
Hist,  Soc.  Coll,  IV.  118.  [C.O.  324,  11.  pp.  97-99.] 


AMERICA   AND   WEST   INDIES. 


79 


1728. 
April  5. 

Whitehall. 


1 57.  Mr.  Popple  to  Mr.  Fane.  Encloses,  for  his  opinion 
thereon  in  point  of  law,  3  Acts  of  St.  Kitts,  1727.  (i)  for 
regulating  vestries  and  erecting  into  parishes  those  parts  of  this 
island  formerly  belonging  to  the  French,  and  repealing  two  former 
acts  for  regulating  vestries  and  parishes  etc.  (ii)  to  enable  the 
several  parts  of  this  island  formerly  belonging  to  the  French  to 
choose  and  send  Representatives  to  serve  in  the  Assemblies,  to 
declare  and  ascertain  the  number  of  Representatives  for  the  whole 
island,  what  number  each  parish  shall  elect,  and  the  several  quali- 
fications of  the  electors  and  candidates,  to  secure  the  freedom  of 
elections,  and  for  repealing  the  Act  for  preserving  the  freedom 
of  elections,  1711,  etc.  (iii)  An  Act  repealing  an  Act  for  settling 
£2000  per  annum  upon  Governor  Hart  etc.,  and  for  appropriating 
the  monys  payable  thereby  to  his  said  Excellency  from  25th  June, 
1727,  and  for  declaring  in  what  specie  the  duty  commonly  called 
the  three  shilling  duty  shall  be  hereafter  paid.  [C.O.  153,  14. 
pp.  321-323.] 


April  5. 

Whitehall. 


1 58.  Same  to  Edward  Warner.  My  Lords  Commissioners 
observing  that  you  have  been  some  time  absent  from  the  Council 
of  St.  Kitts,  desire  you  will  let  them  know  on  Tuesday  morning, 
whether  and  when  you  will  return  etc.  Similar  letter  to  Archi- 
bald Cockran  and  John  Yeamans,  Councillors  of  Antigua. 
[C.O.  153,  14.  p.  324.] 


[April  6.]  1 59.  (a)  Proclamation  of  King  George  II.  Nevis,  Sept. 
26,  1727.  Signed,  by  the  Lt.  Governor,  Council,  Assembly  and 
inhabitants.  67  signatures.  Endorsed,  Reed.  6th  April  (from 
Mr.  Jno.  Sharpe),  Read  20th  June,  1728.  1  p. 

(b)  Christenings  and  burials  in  the  parish  of  S.  Paul,  Nevis, 
Michaelmas,   1726-1727.     Totals  : — Baptisms,   8  ;     burials,   12. 
Signed,   Robert   Robertson,   Minister.     1  p.     Endorsed,   Reed. 
6th  April  (from  Mr.  Jno.  Sharpe).     1  p. 

(c)  Account  of  negroes  imported,  Nevis,  25th  March,  1727. 
One  shipload  of  35,  of  which  12  were  sold  and  the  rest  exported. 
Average  price  £27  35.  Qd.     Endorsed  as  preceding.     \  p. 

(d)  Annual  public  charges  of  Nevis.     Total : — £360.     Signed, 
William  Mathew.     1  p. 

(e)  Account  of  licences  issued  in  Nevis  (8).     Oct.  10,  1727. 
Signed,  Edwd.  Bridgwater,  Treasr.     1  p. 

(/)  Account  of  arrears  received  due  to  the  public.  Signed 
and  dated  as  preceding.  1  p. 

(g)  Account  of  tonnage  of  3d.  upon  vessels  (7).  Total : — 
£6  Is.  \Q\d.  Signed  and  dated  as  preceding.  1  p. 

(h)  Account  of  disbursements  since  June  1st,  1727.  Total : — 
£234  8*.  Ofd.  Same  date  and  signature.  1  p. 

(i)  Receipts  from  public  levy,  June  1st-  Oct.  10th,  1727. 
Total : — £163  105.  Q\d.  Same  signature  and  date.  1  p. 


80 


COLONIAL   PAPERS. 


1728. 


Total  .'—£102  13*.  9f 


April  9. 


April  9. 

Barbados. 


(j)  Receipts  from  public  levy  in  1725. 
Same  signature  and  date.     1  p. 

(k)  Account  of  duty  upon  liquors,  1st  June — Oct.  10th,  1727. 
Total :— £62  5s.  Wd.  Same  date  and  signature,  f  p. 

(I)  Account  of  charges  on  account  of  the  forts.  Total : — 
£102  Is.  3d.  Same  date  and  signature.  \^pp. 

(m)  Account  of  charges  for  the  prison  and  stocks.  Total : — 
£6  17*.  9d.  Same  date  and  signature.  |  p. 

(n)  Account  of  military  salaries  (montrosses  etc.),  25th 
June— 10th  Oct.,  1727.  "  Total :— £100.  Same  date  and 
signature.  1  p. 

(o)  State  of  Publick  of  Nevis  its  accompts,  1st  June — 10th 
Oct.,  1727.  Totals  .-—Expenditure,  £517  17*.  Od.  ;  Receipts, 
£487  6*.  8d.  Same  date  and  signature.  Endorsed,  Reed.  6th 
April,  1728  (from  Mr.  Sharpe).  2  pp. 

(p)  Account  of  Ordnance  and  stores  in  the  magazine  and 
forts  at  Nevis,  3rd  Oct.,  1727.  Signed,  John  Richardson, 
Gunner,  W.  Hopkey,  Capt.  and  Gunner.  Endorsed  as  preceding. 
1  large  p.  [C.O.  152,  16.  ff.  340-343,  344,  345,  346,  347, 
348,  349,  350,  351-352,  353,  854v.-356u.] 

160.  Edward    Warner    to    the     Council    of    Trade    and 
Plantations.     Reply    to    April    5.     After    residing    at    Antigua 
13  or  14  years  was  obliged  (with  Governor  Hart's  licence  for 
a  year)  to  come  over  for  the  mending  a  shattered  constitution 
and  for  the  education  of  a  young  family,  as  well  as  to  settle 
some  affairs,  which  absolutely  required  his  personal  attendance. 
Hopes  that  fourteen  months  or  so  will  complete  his  business 
and   health   and   enable   him   to   return.     Asks   the   Board   to 
intercede  for  H.M.   licence  of  leave  for  two  years  longer  etc. 
Signed,   Edward  Warner.     Endorsed,   Reed.,   Read   9th  April, 
1728.     2  pp.     [C.O.  152,  16.     ff.  312,  313,  313t;.] 

1 61 .  Governor  Worsley  to  the  Duke  of  Newcastle.     Refers 
to  letter  of  13th  Jan.       Continues  : — Not  having  received  H.M. 
commands    upon  their  past   conduct,   I   again  prorogued   the 
Assembly  to  the  30th  instant,  and  do  design  to  prorogue  them 
further.     In  June  next  they  must  of  course  be  dissolved,  in 
that    there  may    be    sufficient  time  for  the  election  of  a  new 
Assembly,  and  afterwards  for  their  passing  a  new  Excise  bill 
before  the  present  Act  expires,  which  will  be  the  beginning  of 
August  next.     As  I  had  the  honour  to  advise  your  Grace  that 
I  had  ordered  the  several  officers  to  lay  a  list  of  their  fees  before 
me  in  Council,  I  have  now  transmitted  the  greatest  part  of 
them  in  the  Minutes  of  Council,  which  accompany  this.     After 
I  had  ordered  them  to  be  read  in  Council,  I  appointed  a  Com- 
mittee of  the  whole  Council,  or  any  five  of  them  to  inspect 
and  examine  into  them,  and  to  have  recourse  to  all  papers  and 
books  in  the  several  offices,  and  to  summon  the  said  officers 
before  them  to  examine  into  the  premisses,  and  to  lay  the 


AMERICA  AND   WEST  INDIES. 


81 


1728. 


April  9. 

Barbados. 


April  10. 

Whitehall. 


April  11. 

Whitehall. 


list  of  fees  now  hanging  up  in  the  said  offices  before  them  and 
that  copys  of  the  same  should  be  returned  to  me  together  with 
the  said  Committees  proceeding  thereon.  Collo.  Montgomery 
who  arrived  here  the  23rd  of  January,  departed  the  23rd  past 
for  his  Government,  having  been  forced  by  bad  weather  off 
the  coast  of  New  York,  the  man  of  war  was  obliged  to  bear 
away  for  this  Island  in  order  to  be  refitted.  Thomas  Maxwell 
Esqr.  one  of  H.M.  Council  lately  dyed  here.  Signed,  Henry 
Worsley.  Endorsed,  Rd.  June  4th.  3  pp.  [C.O.  28,  44. 
No.  119.] 

162.  Same    to    the    Council    of    Trade    and    Plantations. 
Duplicate    of   preceding.     Concludes :  —  'Tis   but   lately    I    had 
the  honour  of  receiving   your   Lordps'  letter   of  31st   Aug.  in 
relation  to  the  Minutes  and  Acts  not  being  abstracted  in  the 
margins.     I  have  ordered  the  officers  to  take  particular  care  to  do 
it  for  the  future.     P.S.     This  goes  by  the  Maxwell  galley  etc. 
Signed,    Henry    Worsley.     Endorsed,    Reed.    3rd,    Read    19th 
June,  1728.     3  pp.     [C.O.  28,  19.    ff.  190-191i;.] 

163.  Council   of  Trade   and   Plantations   to   the   Duke   of 
Newcastle.     Enclose  following  to  be  laid  before  H.M.     Auto- 
graph signatures.     1  p.     Enclosed, 

163.  i.  Same  to  the  King.  Reply  to  31st  Jan.,  1727,  upon 
address  of  Assembly  of  St.  Kitts  relating  to  Lt.  General 
Mathew's  accounting  for  money  appropriated  for 
erecting  a  fortification.  Continue :—  We  wrote  to 
Lt.  Gen.  Mathew  etc.  and  have  now  received  his  answer 
to  the  said  complaint,  as  also  an  Address  from  the 
present  Assembly  to  him,  wherein  they  take  notice 
"  that  all  his  receipts  and  disbursements  on  the 
aforementioned  acct.  were  kept  with  a  more  perfect 
exactness  than  it  was  reasonable  to  expect,  since 
every  single  article  was  proved  to  be  paid  and  expended 
for  the  publick  use."  And  since  by  this  it  appears 
that  the  cause  of  that  Assembly's  complaint  is  intirely 
removed,  we  will  not  trouble  your  Majesty  with  a 
long  state  of  what  was  offered  on  each  side,  but  only 
beg  leave  to  annex  a  copy  of  the  last  mentioned 
Address.  Autograph  signatures.  2|  pp. 

163.  ii.  Copy  of  Address  of  Assembly  of  St.  Kitts.     v.  Jan. 

31,    1727.     [C.O.    239,    1.     Nos.    38,    38  i,    ii  ;     and 
(without  encl.  ii)  153,  14.     pp.  326,  327.] 

164.  Mr.  Popple  to  William  Gerrish.     My  Lords  Commis- 
sioners observing  that  you  have  been  some  time  absent  from 
the  Council  of  Montserrat  etc.,  desire  you  will  let  them  know, 
by  the  bearer,  or  before  10   of  the   clock  to-morrow  morning, 
whether  you  intend  to  return  ;    and  if  you  do  intend  it,  how 
soon.     [C.O.  153,  14.     p.  327.] 

C.P.  XXXVI— 6 


82  COLONIAL   PAPERS. 


1728. 

April  11.        165.     Order  of  King  in  Council.     Referring  following  to  the 
St.  James's.    Council   of  Trade   and   Plantations   for  their  immediate   con- 
sideration and  report.     Signed,  Ja.  Vernon.     Endorsed,  Reed. 
Read  16th  April,  1728.     1|  pp.     Enclosed, 

165.  i.  Petition  of  Governor  Hart  to  the  King.  Prays  for 
repeal  of  an  Act  of  St.  Christophers  for  repealing  an 
Act  for  settling  £2000  upon  Governor  Hart  etc.,  which 
received  the  Royal  assent.  Lt.  General  Mathew 
acted  not  only  contrary  to  his  Instructions  in  passing 
such  a  law  without  a  clause  to  suspend  its  execution 
until  H.M.  pleasure  should  be  known,  but  also  in 
contempt  of  H.M.  authority  and  in  derogation  of 
H.M.  prerogative.  This  Act  was  brought  into  the 
Assembly,  read  and  past  there,  brought  into  the 
Councill  read  and  past  there,  and  assented  to  by 
Lt.  Genl.  Mathew  in  less  than  three  hours  of  one 
day,  19th  Dec.,  in  breach  of  the  constitution  of 
St.  Christophers  and  orders  of  Assembly  etc.  10  pp. 
[C.O.  152,  16.  ff.  314,  315-319i;.,  321r;.] 

April  12.  166.  Mr.  Burchett  to  Mr.  Popple.  My  Lords  Commissioners 
A0fficelty  of  the  Admiralty  having  appointed  three  of  H.M.  ships  for 
this  year's  service  at  Newfoundland,  under  the  command  of 
Lord  Vere  Beauclerke,  who  goes  to  St.  Johns  in  the  Kinsale, 
with  the  Squirrel ;  as  Capt.  Henry  Reddish,  in  the  Experiment, 
is  design'd  for  Placentia,  and  Canso,  etc.  requests  Instructions 
and  Heads  of  Enquiry  as  usual.  Signed,  J.  Burchett. 
Endorsed,  Reed.,  Read  16th  April,  1728.  Addressed,  f  p. 
[C.O.  194,  8.  ff.  171,  172u.] 

April  12.  167.  Council  of  Trade  and  Plantations  to  the  Duke  of 
Whitehall.  Newcastle.  Enclose  following  to  be  laid  before  H.M.  Annexed, 
167.  i.  Same  to  the  King.  Enclose  Instructions  for  Governor 
Lord  Londonderry.  Refer  to  a  clause  relating  to  the 
position  of  the  Lt.  General  of  the  Leeward  Islands  in 
the  several  Councils.  This  passage  together  with  the 
clause  referred  to  was  cancelled.  Have  inserted  names 
of  new  Councillors,  (a)  Thomas  Butler  and  Daniel 
Smith  to  supply  vacancies  in  Nevis  (b)  James  Milliken 
in  place  of  Pym  Burt,  for  St.  Kitts,  the  latter  being 
omitted  as  being  already  of  the  Council  of  Nevis, 
(c)  John  Roberts,  William  Lyddel  and  John  Bramley 
for  vacancies  in  Montserrat,  (d)  George  Thomas  and 
Francis  Carlisle  to  supply  vacancies  in  Antigua.  The 
33rd  Article,  relating  to  an  additional  salary,  is  made 
conformable  to  the  Order  in  Council,  15th  Feb.  last. 
Conclude : — We  have  made  no  other  alteration  or 
addition  except  what  your  Majesty  has  approved 
in  Instructions  to  other  Governors  etc.,  except  the 


AMERICA   AND   WEST   INDIES. 


83 


1728. 


April  12. 

Whitehall. 


leaving  out  the  name  of  Sherrif  in  the  llth  and  42nd 
Articles,  the  duty  of  that  place  being  done  by  the 
Provost  Marshal  and  his  Deputies.  Annexed, 

167.  ii.  H.M.  Instructions  for  Governor  Lord  Londonderry, 

as  described  in  preceding.     [C.0. 153,  14.     pp.  328-400.] 

168.  Council  of  Trade  and  Plantations  to  Governor  Worsley. 
Acknowledge  letters  of  16th  and  26th  Oct.,  21st  Nov.,  4th  Dec. 
and  13th  Jan.  last.     Continue  : — In  your  letter  of  16th  Oct. 
you  take  notice  that  you  had  receiv'd  no  order  for  altering  the 
form  of  prayers  for  the  Royal  Family,  but  as  we  have  now 
receiv'd  directions  to   prepare   a  proper  Instruction  for  that 
purpose,  you  will  shortly  receive  the  same.     We  take  notice 
of  another  paragraph  in  your  said  letter,  that  the  Assembly 
of  Barbados  have  assum'd  to  themselves,  a  power  not  only  of 
adjourning,  but  also  of  adjourning  from  place  to  place  ;    As  we 
think  this  a  power  to  which  they  have  no  manner  of  title,  we 
shall  report  this  case  to  H.M.,  that  you  may  receive  a  proper 
Instruction  for  preventing  the  same  for  the  future.     We  have 
consider'd  the  Minutes  of  the  Assembly  of  the  5th  Oct.,  to 
which  you  refer'd  us,  for  a  motion  made  by  Gelasius  McMahone 
Esq.  and  seconded  by  Thomas  Maycoek  Esq.  for  the  Assembly 
to  appoint  a  Committee  to  examine  into  the  reasons  why  the 
publick  Court  house  and  goal,  for  the  building  of  which  an 
Act  had  been  passed  for  raising  a  levy  two  years  ago,  was  not 
yet  begun  ;    upon  this  occasion,  altho'  we  think  it  would  have 
been  decent  for  the  Assembly  to  have  apply'd  to  you  for  the 
proper  orders  in  this  affair,   yet  we  are  of  opinion  that  the 
Assembly  have  an  undoubted  right  to  enquire  into  the  execution 
of  those  laws  whereby  money  is  raised  for  public  uses.       We 
observe  by  your  letter  of  4th  Dec.,  that  the  Assembly  have 
addressed  you  for  an  accot.   of  Patent  Officers'  fees,  as  also 
for  a  copy  of  the  report  which  the  Judges  and  Attorney  General 
made  upon  a  complaint  against  the  Deputy  Provost  Marshal, 
and  that  you  have  order' d  the  several    officers  to  lay  before 
you  in  Council,,  a  list  of  their  respective  fees  ;  tho'  the  Members 
of  the  Assembly,  as  private  men,  may  have  recourse  to  the 
several  offices  for  an  account  of  the  said  fees,  yet  we  think 
that  regard  ought  to  be  paid  to  Assembly's  Address,  and  an 
acct.  of  ye  said  fees  laid  before  them,  more  especially  since 
if  any  complaint  of  exaction  should  want  redress,  no  law  can 
be    brot.    into    the    Assembly    for   that    purpose,    without    ye 
assistance  of  such  lists,  and  other  proper  papers,  or  records, 
to  shew  what  fees  are  reasonable,  and  legal,  and  what  not. 
We  have  sent  to  Mr.  Fane  the  Acts  and  bills  you  enclosed  etc. 
(v.  30th  March).     We  shall  lay  before  H.M.  the  bill  to  ascertain 
the  elections  of  churchwardens  etc.,  that  you  may  know  H.M. 
pleasure  concerning  the  same.     We  take  this  opportunity  of 
congratulating    you    upon    your   being   reappointed    Governor 


COLONIAL   PAPERS. 


1728. 


April  12. 

Whitehall. 


April  17. 


April  17. 

Whitehall. 


of  Barbados.  P.S.  April  17th.  We  can't  omit  this  oppor- 
tunity, of  acquainting  you,  with  an  account  we  have  had  from 
Barbados,  by  which  it  appears  that  the  French  at  St.  Vincents 
do  raise  and  export  great  quantities  of  corn,  and  that  Barbados 
has  of  late  been  supply'd  with  several  sloop-loads  thereof. 
We  are  likewise  informed  that  a  French  man  of  war  was 
expected  from  Martinique,  to  seize  what  English  sloops  should 
be  found  at  St.  Vincents,  or  to  know  by  what  authority  they 
cut  timber  there.  As  we  have  received  no  information  of  this 
nature  from  you,  we  would  hope  the  above  accounts  are  not 
true,  nevertheless  we  desire,  you  will  send  us  a  state  of  this 
matter  by  the  first  conveyance.  [C.O.  29,  14.  pp.  450-453.] 

169.     Council  of  Trade  and  Plantations  to  the  King.     In 
obedience  to  Order  of  4th  April,  enclose  following.     Annexed, 

169.  i.  Draught  of  Additional  Instructions  to  Governors  of 

Plantations,  relating  to  alterations  in  the  Prayers  for 
the  Royal  Family.  Printed,  Penn.  Archives,  1st 
Ser.  I,  228.  [C.O.  324,  11.  pp.  100-102.] 

170.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Report  upon  Act  of  St.  Christophers  to  repeal  Act  settling  £2000 
upon  Governor  Hart  etc.     It  is  plainly  passed  in  derogation  to 
the  prerogative  of  the  Crown,  it  being  indisputably  clear  that 
when  the  Crown  has  confirmed  a  law  passed  in  the  Plantation 
the  Assembly  there  have  no  further  power  over  that  law  but 
are  obliged  to  see  the  same  carried  into  due  execution  until 
H.M.  shall  be  pleased  to  allow  and  permit  a  repealer  thereof 
whereas  in  this  Act  the  Legislature  of  St.  Christophers  have 
assumed  an  absolute  power  over  the  prerogative  by  repealing 
in  positive  and  express  termes  the  Act  of  the  Crown  without 
any  clause   being  inserted  therein  to   suspend  the   execution 
thereof  until  H.M.  pleasure  should  be  known  concerning  the 
same,  and  without  which  clause  I  conceive  the    Commander 
in  Chief  was  not  warranted  in  passing  it  etc.     Concludes  : — 
Upon  the  whole,   I   am  humbly  of  opinion  that  this  Act  is 
derogatory  to  the  Prerogative  of  the  Crown  injurious  to  the 
property  of  the  subject  against  law  and  highly  unreasonable 
in  its  self  and  as  such  that  H.M.  may  be  very  properly  advised 
to  repeal  the   same.     Signed,   Fran.   Fane.     Endorsed,   Reed., 
Read  17th  April,  1728.     1  p.     [C.O.  152,  16.     ff.  322,  8230.] 

1 71 .  Council   of  Trade   and   Plantations   to   the   Duke   of 
Newcastle.     Enclose    following,    to    be    laid    before    the    King 
Prefixed, 

171.  i.  Same  to  the  King.  Enclose  following.  We  are 
preparing  the  necessary  Instructions  etc. 

171.  ii.  Draught  of  Commission  for  Henry  Worsley  to  be 
Governor  of  Barbados.  In  the  usual  terms.  [C.O. 
29,  15.  pp.  1-21.] 


AMERICA   AND   WEST   INDIES. 


85 


1728. 
April  17. 

Whitehall. 


April  17. 

Whitehall. 


April 
17-27. 

Williams- 
burgh. 


April  18. 

St.  James's. 


April  18. 

St.  James's. 


172.  Same  to  the  King.      In  reply  to  April  llth,  we  have 
considered  Col.  Hart's  petition  and  consulted  Mr.  Fane  upon 
the  Act    of    St.    Xtophers    complained    of    etc.     Conclude  :— 
We  conceive  the  said  Act  to  be  derogatory  to  the  Prerogative 
of  the  Crown,  injurious  to  the  property  of  the  subject,  against 
law,  and  highly  unreasonable  in  itself,  and  in  direct  opposition 
to    your  Majesty's  Royal  Instructions   whereby   the  Govr.    is 
directed  not  to  give  his  consent  to  any  Act  that  shall  repeal 
any  other  that  has  had  the  Royal  assent,  without  having  first 
transmitted   the    draught   thereof  for   your   Majesty's    appro- 
bation, unless  he  take  care  there  be  a  clause  inserted  therein, 
suspending    the    execution    thereof   until    your    Majesty    shall 
please   to   confirm   the   same.     Propose   H.M.    disallowance   of 
said  Act.     [C.O.  153,  14.     pp.  401,  402.] 

173.  Mr.    Popple    to    Mr.    Burchett.     Encloses    Heads    of 
Enquiry  for  the   Commodore   of  the   Newfoundland   Convoy. 
Same  as  those  for  1725.     v.   C.S.P.     April  21st,   1725.     [C.O. 
195,  7.     pp.  154,  155.] 

174.  (a)  Proclamation  by  Lt.  Gov.  Gooch  prohibiting  the 
entertainment    of  sailors  belonging    to  H.M.    ships  of  war    in 
Virginia,  and  preventing  the  desertion  of  such  sailors.     April 
17,1728.     Signed,  William  Gooch.     Copy.     1|  pp. 

(b)  Proclamation  prohibiting  the  exportation  of  grain,  flower 
and  meal,  owing  to  scarcity  etc.     April  27th,   1728.     Signed, 
William  Gooch.     Copy.     1  p. 

(c)  Proclamation  appointing  a  day  of  fasting  and  humiliation 
on  17th  May,  and  requiring  Ministers  to  preach  sermons  suitable 
to  the  occasion  ; — the  occasion  being  that    "  It  hath  pleased 
Almighty  God  in  a  very  surprizing  and  unusual  manner  to 
overspread    this   Dominion    with    vast   multitudes    of  catter- 
pillars  which  threaten  destruction  to  the  fruits  of  the  earth 
and  which  we  have  just  cause  to  fear  are  brought  upon  us  as 
a  punishment  for  our  many  sins  and  impiety  and  forasmuch 
as  a  sincere  and  unfeigned  repentance  with  a  speedy  application 
to  the  Throne  of  Grace  will  be  the  surest  means  to  avert  the 
impending   judgment,"     etc.     Signed,    William   Gooch.     Copy. 
|  p.     [C.O.  5,  1344.     No.  5.] 

175.  Order    of    King    in    Council.     Approving    Governor 
WTorsley's  Commission.     Signed,  Ja.  Vernon.     Endorsed,  Reed. 
29th,    Read   30th   April,    1728.     1  p.     [C.O.  28,  19.    ff.    178, 
179i;.  ;   and   5,  194.     /.  282a.] 

176.  Order    of    King  in   Council.      Approving    drafts    of 
Instructions    for    Governor    the    Earl    of    Londonderry    and 
appointing  Councillors  as  recommended.     Signed,  Ja.  Vernon. 
Endorsed,  Reed.  29th,  Read  30th  April,   1728.     2  pp.     [C.O. 
152,  16.     ff.  338,  338i;.,  339u.  ;    and  5,  194.     ff.  27,  270.] 


86 


COLONIAL   PAPERS. 


[C.O.    5,    194.    ff. 


1728. 
April  18.        177.     Copy   of  preceding   Instructions. 

St.  James's.     29-111.] 

April  22.        178.     Copy  of  warrant  for  Governor  Worsley's  Commission. 

St.  James's.     [C.O.   5,   194.      ff.   283-301.] 

April  24.  179.  Mr.  Donovan  to  the  Duke  of  Newcastle.  Complains 
Port  Royal.  of  Act  passed  this  session  relating  to  rum.  As  agent  to  the 
Jamaica.  Contractor  for  victualling  the  Navy,  found  on  his  arrival  a 
general  complaint  among  H.M.  ships  for  want  of  rum,  "  which 
being  so  scarce  in  Admiral  Hosier's  time  was  thought  to 
occasion  so  much  sickness,  his  being  obliged  several  times  to 
quit  the  coast,  and  thereby  give  opportunity  to  the  Spaniards  " 
to  make  their  escape  from  Carthagena  etc.  The  general  price 
of  rum  for  some  years  past  has  been  from  fifteen  pence  to 
2s.  pr.  gallon  etc,  "  The  late  Contractor  through  the  hardships 
the  Island  impossed  upon  him  by  their  monopolies  and  keeping 
their  rum  from  market  threw  up  his  contract  at  the  very  juncture 
Admiral  Hosier  lay  off  Porto  Bell  which  might  have  been 
of  ill  consequence  etc.,  had  not  the  present  contractors  offered 
themselves,  and  notwithstanding  they  had  half  a  crown  pr. 
gallon,  yet  I  have  been  obliged  to  pay  from  four  shillings  to 
a  crown  for  above  10,000  gallons,  and  could  not  get  sufficient 
for  the  Squadron  at  that  or  any  other  price,  neither  is  it  possible 
considering  the  vent  to  the  Bay,  to  the  northward  and  home 
that  they  could  do  it ;  therefore  it  seems  to  me  ridiculous  they 
should  offer  to  impose  any  hardships  on  the  Squadron  that 
protects  'em  and  without  whom  they  could  not  be  secure 
of  a  morcell  of  bread  "  etc.  Prays  that  an  exception  be  made 
in  the  Revenue  bill  for  the  rum  that  comes  for  the  use  of  the 
Squadron,  "  for  its  plain  its  struck  at  them  and  no  other  "  etc. 
By  sending  some  rum  from  Barbados,  which  has  answered 
all  the  occasions  of  the  Squadron,  he  has  incurred  the  dis- 
pleasure of  the  gentlemen  here.  Asks  for  a  Privy  Seal  or 
anything  of  the  like  nature  to  rid  him  of  their  malice.  The 
later  part  of  the  Act  is  entirely  calculated  against  the  Navy 
and  no  other.  Signed,  Tim.  Donovan.  Endorsed,  Rd.  July 
19.  Addressed.  Seal.  "  On  His  Majesty's  Service."  1  p. 
Enclosed, 

179.  i.  Answers    of   Timothy    Donovan    to    the    complaints 

exhibited    against    him    and    Nicholas    Garland    by 

Alexander  Henderson,  Attorney  General,  Nov.  1727. 

Relating    to    the    Contractors'    importing    rum    from 

Barbados  as  above.     Copy.     2£  pp. 
179.  ii.  Correspondence    between    Commodores    Hosier    and 

St.  Lo  and  Mr.  Donovan  relating  to  supplies  of  rum 

etc.     July    15th- Dec.    12th,    1727.      Copies.      3   pp. 
179.  iii.  The    Weekly    Jamaica     Courant.      April    24,    1728. 

Publishing  provisions  of  the  Revenue  Act.     Printed. 

4  pp. 


AMERICA   AND   WEST   INDIES. 


87 


1728. 

179.  iv.  Duplicate    of   covering   letter.     Endorsed,    R.    23rd 

July. 
179.  v.,  vi.  Duplicates  of  Nos.  i,  ii.      [C.O.  137,  53.    ff.  28, 

29U.-33,  34-36,  37v.-4Iv.] 

April  27.  180.  Act  of  New  Hampshire  for  limiting  duration  of 
Assemblies  to  three  years  etc.  Copy  ;  certified  by  Theodore 
Atkinson,  Secry.  2|  pp.  [C.O.  5,  931.  No.  1C.] 


April  28. 

Antigua. 


May  1. 

Whitehall. 


May  3. 

Whitehall. 


1 81 .  Wavell  Smith  to  the  Council  of  Trade  and  Plantations. 
Offers  objections  to  the  Act  of  St.  Christophers  for  ascertaining 
the  numbers  of  Assemblymen  etc.  and  repealing  the  Act  of  1711 
for  preserving  the  freedom  of  elections  etc.     (v.  Dec.  26th).     (i) 
It  takes  away  from  the  King's  Secretary  and  other  officers 
known  rights  and  privileges,  and  puts  them  on  a  worse  foot 
than    such    officers    were    ever    in    their    mother-country    etc. 
(ii)  This  is  manifestly  designed  to  cut  off  whatever  influence 
their  posts  may  give  them  to  the  support  of  H.M.  Governor 
etc.,  and  will  be  introductive  of  many  more  notions  and  schemes 
of  independency  than   are   already   conceived,   unless   by  the 
rejection  of  this  bill  the  people  are  taught  how  vain  and  fruit- 
less all  attempts  of  that  kind  must  in  the  end  prove,     (iii)  The 
propertys  of  H.M.  Officers  are  not  safe  under  a  law,  that  gives 
so  great  a   latitude   to   people   in  generall,   especially  to   the 
looser  part  to  commence  and  easily  effect  their  prosecutions 
against    them    etc.     (iv)  It    compliments    the    Assembly    with 
the  participation  in  the  prerogative  of  the  Crown  of  issuing 
out    writs    to    choose    Assemblymen,    which    prerogative    the 
Crown  ha*s  solely  exercised  in  these  parts  since  they  have  been 
under    Government    etc.     Signed,    Wavll.    Smith.        Endorsed, 
Reed.   17th  June,   1728,  Read  28th  March,  1729.     Addressed. 
2  large  pp.     [C.O.  152,  17.    ff.  29-30*;.] 

182.  Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion 
in  point  of  law,  eight  Acts  of  New  York,  1727,  (enumerated). 
[C.O.  5,  1125.     pp.  115-117.] 

183.  Council   of  Trade   and   Plantations   to   the   Duke   of 
Newcastle.     Enclose  following  to  be  laid  before  H.M.    Annexed, 

183.  i.  Same  to  the  King.  Enclose  draught  of  H.M. 
Instructions  to  Lt.  Governor  John  Pitt.  (cf.  12th 
Oct.  1727.)  Continues  : — There  being  two  vacancies 
in  your  Majesty's  Council  of  the  Bermuda  Islands, 
by  the  suspension  of  Mr.  Outerbridge  and  Mr.  Parsons 
being  settled  in  this  Kingdom,  we  have  inserted  the 
names  of  Samuel  Butterfield  and  Leond.  White 
Esqrs.  The  29th  Article  impowering  Capt.  Pitt  to 
accept  of  an  Additional  salary  is  made  conformable 
to  your  Majesty's  directions  for  that  purpose  etc. 
(14th  Nov.).  We  have  inserted  the  97th  Article 


88 


COLONIAL   PAPERS. 


1728. 

directing  an  alteration  to  be  made  in  the  prayers, 
litanies  and  collects  for  the  Royal  Family  pursuant 
to  your  Majesty's  order  in  Council,  4th  April.  We 
have  made  no  other  alteration  or  addition  to  these 
draughts  than  what  your  Majesty  has  already 
approv'd  in  your  Instructions  to  those  Governors 
whom  your  Majesty  has  already  sent  to  other  of  your 
Plantations  in  America,  except  the  leaving  out  the 
name  of  Sherrif  in  the  37  and  87  Articles,  the  duty 
of  that  place  being  done  by  the  Provost  Marshal. 

183,  ii.  H.M.  Instructions  to  Lt.  Governor  Pitt.     v.  preceding. 

[C.O.  38,  8.     pp.  67-144.] 

May  3.  184.  Lt.  Governor  Sir  Richard  Everard  to  the  Council 
Edenton.  of  Trade  and  Plantations.  Abstract.  Has  proclaimed  H.M. 
"  The  utmost  demonstrations  of  joy  was  shewn  by  all  people 
and  the  night  concluded  with  a  compleat  illumination  and 
bonfires  and  drinking  H.M.  health "  etc.  The  bounty  on 
pitch  and  tar  being  off,  the  Province  has  no  trade  to  depend 
on  but  its  beef  and  pork,  which  is  brought  up  by  the  Virginians 
and  driven  alive  there,  so  that  their  navigation  is  entirely  lost 
and  the  Virginians  bring  in  neither  mollosses,  suger  nor  rum, 
"  wch.  are  the  chief  supports  of  this  Province  "  etc.  Complains 
of  the  violent  and  arbitrary  proceedings  of  the  Judge  of  the 
Admiralty.  He,  the  Governor,  has  interfered  on  behalf  of  a 
master  of  a  vessel  whom  the  Judge  had  caused  to  be  hurried 
violently  to  gaol  for  a  tavern  score  of  3s.  \\d.  sterl.  etc.  Asks 
for  the  advice  and  assistance  of  the  Board  in  the  matter  of  a 
law  made  by  Virginia  imposing  severe  penalties  for  every 
hogshead  of  tobacco  imported  from  Carolina.  Several  hogs- 
heads have  been  seized  by  the  Sherrif  of  Nansemond.  "  This 
is  very  prejudicial  to  H.M.  revenues  and  an  insufferable  damage 
to  the  poor  No.  Carolinians.  ...  At  the  same  time  our 
tobacco  exceeds  the  Virginia."  Begs  for  repeal  of  the  Act 
and  that  one  of  the  landings  in  Nansemond  River  may  be 
made  free  to  the  Carolinians  to  ship  their  tobacco  etc.  Set  out, 
N.C.  Col.  Rec.  II.  761.  Signed,  Richd.  Everard.  Endorsed, 
Reed.  3rd  Oct.,  Read  26th  Nov.,  1728.  5  pp.  Enclosed, 

184.  i.  Petition    of    Samuel    Northy    to    Lt.    Governor    Sir 

R.  Everard.  Complaint  against  Edmond  Porter, 
Judge  of  the  Admiralty,  referred  to  in  preceding. 
Set  out,  N.C.  Col.  Rec.  II.  757.  Signed,  Samll.  Northy. 
Endorsed,  Reed.  3rd  Oct.,  1728.  4  pp.  [C.O.  5, 
1267.  ff.  25-27,  28v.-2Qv.,  3Qv.,  32-33z;.,  34i>.  [with 
abstract]  ;  and  (abstract  only)  5,  327.  p.  1.] 

May  4.          185.     Governor    Hunter    to    the    Council    of    Trade    and 

Jamaica.      Plantations.     Encloses  list  of  Acts  passed  this  last  Sessions. 

Continues  : — The  Acts  with  the  proper  remarks,  the  Minutes 


AMERICA  AND   WEST   INDIES. 


89 


1728. 


May  4. 

Jamaica. 


May  6. 

New  York. 


May  6. 

New  York. 


of  Council  and  Assembly  shall  be  sent  by  the  Breda  which 
sayls  in  ten  days.  This  comes  by  a  Bristol  runner  which 
sayls  to-morrow  ;  the  Spanish  privateers  six  in  number  let 
nothing  escape  them.  The  Richmond  a  sloop  wt.  goods  from 
London  for  this  place  was  taken  off  ye  north-east  point  of 
this  Island  about  three  weeks  agoe,  two  of  her  crew  who  made 
their  escape  have  been  with  me.  The  Assembly  desir'd  a 
recesse  on  account  of  their  harvest,  and  they  were  accordingly 
adjourn'd  to  ye  second  of  July,  when  I  am  in  hopes  they  will 
perfect  what  was  left  unfinished.  I  can  venture  no  more  by 
this  uncertain  conveyance  etc.  Signed,  Ro.  Hunter.  Endorsed, 
Reed.  17th,  Read  18th.  July,  1728.  Holograph.  If  pp. 
Enclosed, 

185.  i.  List  of  Acts  passed  28th  March — 18th  April,   1728. 

Endorsed,    Reed.    17th    July,    1728.     1-1    pp.     [C.O. 

137,  17.    ff.  45,  45u.,  46u.-47i;.,  48u.] 


186.  Same  to  the  Duke  of  Newcastle.  Repeats  parts  of 
preceding  letter.  Upon  the  death  of  Lt.  Plowman  has  given 
a  commission  to  William  Bashford.  Asks  for  confirmation 
etc.  Signed,  Ro.  Hunter.  Endorsed,  R.  July  18th.  Holograph. 
2  pp.  Enclosed, 

186.  i.  Duplicate    of    preceding    enclosure.     [C.O.    137,    53. 

ff.  42,  420.,  43u. -44u.] 

187.  Governor   Montgomerie   to   the   Duke   of  Newcastle. 
Announces  his  arrival  on  15th  April,  after  a  voyage  of  five 
months.     Asks  for  a   Commission   for  Lt.    Walter  Butler,   to 
succeed  Lt.   Collins,   deed.   etc.     Refers   to  following.     Set  out, 
N.Y.  Col.  Docs.  V.  p.  855.     Signed,  J.  Montgomerie.     Endorsed, 
R.  20th  June.     Holograph.     3  pp.     Enclosed, 

187.  i.  Duplicate    of    following.     [C.O.    5,    1092.     Nos.    66, 

66  i.] 

1 88.  Same  to  Council  of  Trade  and  Plantations.     Announces 
arrival,  but  has  been  too  short  a  while  in  the  country  to  give 
an  account  of  the  state  of  the  Provinces.     Refers  to  Mr.  Burnet's 
reports.     Continues  : — The  new  Assembly  had  not  met  when 
I   arrived.     Application   was   immediately   made   to   me,    and 
the  people  of  the  best  interest  of  the  province  advis'd  me  to 
dissolve  this  new  Assembly  ;    but  I  did  not  determin  myself, 
till  I  consulted  with  every  Member  of  the  Council  singly,   and 
with   what  gentlemen   of  the   Province   were   then   in   town  : 
They   all   unanimously   and   even   Governour   Burnet   himself 
advis'd  me,  to  call  a  new  Assembly,  as  the  most  probable  way 
to  compose  differences,  and  reconcile  all  animosities  :    in  com- 
pliance with  all  their  advices,   I   dissolv'd  the  Assembly  by 
proclamation,  and  writs  are  preparing  to  summon  a  new  one 
to  meet  after  harvast.     Refers  to  Governour  Burnet's  account 


90 


COLONIAL   PAPERS. 


1728. 


of  New  Jersey  Acts  passed  in  the  last  session  etc.     Set  out, 

N.Y.  Col.   Docs.  V.     pp.   855,   856.  Signed,  J.  Montgomerie. 

Endorsed,   Reed.,   Read  20th  June,  1728.     Holograph.     3  pp. 
[C.O.  5,  1054.    ff.  277-278*;.] 


May  7. 

Whitehall, 
(incorrectly 
dated  1727). 


189.  Council  of  Trade  and  Plantations  to  Governor  Hunter. 
Acknowledge  letter  of  10th  Feb.  and  congratulate  him  upon 
his  safe  arrival  etc.  Conclude  : — We  doubt  not  but  we  shall 
soon  hear  that  those  unhappy  differences  which  have  so  long 
subsisted  in  Jamaica  are  determined  by  your  wise  and  prudent 
administration.  [C.O.  138,  17.  p.  241.] 


May  7.  1 90.  Same  to  Lt.  Govr.  Gooch.  Acknowledge  letter  etc.  of 
Whitehall.  13th  Dec.,  12th  and  15th  Feb  ;  Continue  :— We  desire  you 
will  regularly  continue  to  transmit  to  us  accounts  of  all 
occurrances  that  may  happen  within  your  Government.  We 
have,  according  to  your  desire,  recommended  Col.  Randolph 
etc.  (v.  16th  Feb.).  We  observe  in  the  Journal  of  Council  of 
4th  Nov.  last,  that  the  Receiver  General  is  ordered  to  pay 
to  you  out  of  H.M.  revenue  of  2*.  per  hogshead  the  sum  of 
£300  sterl.  ;  upon  this  occasion  we  must  take  notice  that 
altho'  by  your  43rd  Instruction  you  are  permitted  to  issue 
and  dispose  of  publick  money  by  warrant  under  your  hand, 
by  and  with  the  advice  of  the  Council ;  yet  by  your  37th 
Instruction  you  are  restrained  from  receiving  any  gift  or 
present  from  the  Assembly  or  others  on  any  account  or  in  any 
manner  whatsoever  under  pain  of  H.M.  highest  displeasure, 
and  of  being  recalled  from  your  Government.  We  are  there- 
fore at  a  loss  to  know  what  reasons  you  could  have  for  disobeying 
those  directions  which  H.M.  has  been  pleased  to  signify  to 
you  by  his  Instructions  ;  for  we  don't  by  any  means  think 
that  the  ballance  of  the  publick  revenue,  being  upwards  of 
£6000  which  you  give  to  us  as  a  reason  for  having  accepted 
of  the  aforesaid  present,  to  be  the  least  excuse.  We  observe 
what  you  write  etc.,  12th  Feb.,  in  relation  to  your  119th 
Instruction  directing  you  to  propose  a  law  to  be  passed  for 
making  the  Virginia  estates  of  bankrupts  lyable  to  the  satis- 
faction of  their  English  creditors.  But  whatever  weight  your 
reasons  against  the  same  may  have,  yet  we  cannot  think  them 
sufficient  to  excuse  you  from  complying  with  your  Instructions. 
Col.  Spots  wood  did  formerly  represent  to  us  the  advantage 
that  would  accrue  to  all  ships  using  the  Virginia  or  Maryland 
trade,  if  a  lighthouse  were  erected  at  Cape  Henry  in  Virginia, 
but  it  was  then  consid'red  that  the  duties  to  be  levy'd  for  that 
purpose  would  chiefly  affect  the  trade  and  shipping  of  this 
Kingdom,  and  the  merchts.  here  seem'd  alarm'd  at  the  said 
proposal  ;  we  therefore  desire  that  if  you  pass  any  act  for 
that  purpose,  you  will  at  least  take  care  to  insert  a  clause 


AMERICA  AND   WEST   INDIES. 


91 


1728. 


May  9. 

Whitehall. 


May  10. 

Whitehall. 


May  15. 

Whitehall. 


May  16. 

Whitehall. 


therein,  (pursuant  to  your  24th  Instruction)  to  suspend  the 
effect  of  the  said  act  till  the  same  shall  have  been  confirm'd 
by  H.M.  [C.O.  5,  1366.  pp.  2-5.] 

191.  Duke    of   Newcastle    to    the    Council    of   Trade    and 
Plantations.     His  Majesty  has  commanded  me  to  signify  to 
your  Lordships  his  pleasure,  that  you  lay  before  him  as  soon 
as  possible  a  state  of  the  possessions  of  H.M.  and  his  subjects 
in  America  which  are  disputed  by  the  King  of  Spain,  particularly 
those  of  Fort  St.  George  on  the  borders  of  S.  Carolina,  which 
the  Spaniards  pretend  to  have  been  erected  within  their  limits 
of  the  Island  of  Providence  and  the  rest  of  the  Bahama  Islands  ; 
and  of  a  settlement  which  they  say  H.M.  subjects  have  made 
at  the  Laguna  de  Terminis  in  the  Bay  of  Campeachy  :    and  in 
your  Representation,  you  will  set  forth  the  proofs  and  arguments 
that  may  be  made  use  of  to  support  the  rights  of  H.M.  and 
his  subjects,  and  take  notice  of  the  time  when  those  places 
or  settlements  were  first  possest  by  H.M.  subjects,  and  how 
far    such    possession    has    been    confirmed    by    the    Treaty    of 
Utrecht,   the   Quadruple  Alliance   of  any  other  Treaty  made 
between  the  two  Crowns.     H.M.  would  also  have  you  collect 
together  and  lay  before  him,  the  complaints  that  are  come  to 
your  knowledge  upon  which  redress  has  not  yet  been  obtained, 
of  injurys  done  by  the  Spaniards,  to  H.M.  subjects  in  America 
or  trading  thither,  as  the  seizing  of  their  ships  and  effects  by 
the  Guards  de  Costes  and  other  Spanish  vessels  ;    and  other 
depredations    and   acts    of  violence   and   injustice    committed 
on  the  part  of  Spain  and  the  loss  and  damage  sustained  thereby. 
Signed,  Holies  Newcastle.     Endorsed,  Reed.,  Read  10th  May, 
1728.     If  pp.     [C.O.  323,  8.     ATo.  90.] 

1 92.  Mr.  Popple  to  Mr.  Fane.     Asks  for  his  opinion  whether 
the  renewal  of  Mr.   Worsley's  Commission,   whereby  his  late 
Majesty's  Commission  is  revoked,  does  not  cause  a  determination 
of  his  Government  within  the  meaning  of  an  Act  of  Barbados, 
1723,  for  supporting  the  honour  and  dignity  of  the  Government 
and  whereby  a  salary  was  settled  on  him  until  the  determination 
of  his  Government.     [C.O.  29,  15.     p.  22.] 

1 93.  Council  of  Trade  and  Plantations  to  Governor  Phenney. 
Acknowledge  letters  etc.  of  20th  April  and  5th  Dec.     Continue  : — 
We  have  again  wrote  to  the  Duke  of  Newcastle  in  relation  to 
the  stores  of  war  etc.,  and  hope  that  speedy  directions  will  be 
given   to   the   proper   officers   for   sending   you   the   necessary 
supplies.     [C.O.  24,  1.     p.  97.] 

194.  Extract  of  a  letter  from  the  Duke  of  Newcastle  to 
Mr.  Walpole.     I  am  commanded  by  H.M.  to  transmit  to  your 
Excellency    the  folloiving     "  concerning    some    late    encroach- 


92  COLONIAL   PAPERS. 

1728. 

ments  made  by  the  French  upon  the  Islands  of  Sta.  Lucia  and 
St.  Vincent."  Continues  : — The  pretensions  of  the  French  to 
these  Islands  have  always  been  thought  here  to  be  without 
any  foundation,  and  when  they  were  revived  in  1722  upon 
the  occasion  of  the  grant  thereof  etc.  to  the  Duke  of  Montagu, 
Mr.  Daniel  Pulteney  etc.,  was  sent  express  to  the  French  Court 
to  explain  and  assert  the  right  of  the  Crown  of  Great  Britain 
to  these  two  Islands,  and  had  several  conferences  with  the 
French  Ministers  upon  the  subject  of  his  Commission,  but 
through  the  multiplicity  of  other  affairs  then  depending  at 
that  Court,  the  matter  in  question  was  not  brought  to  any 
determination,  however  the  farther  discussion  of  it  was  reserved 
to  another  fit  opportunity  ;  and  in  the  mean  time  till  such 
an  opportunity  should  offer  it  was  at  least  expected,  that 
things  should  remain  in  the  same  situation  they  were  in,  and 
that  no  new  attempts  would  be  made  by  the  French  to  settle 
those  Islands.  For  your  more  thorough  information  I  send 
you  a  copy  of  the  Instructions  which  were  given  to  Mr.  Pulteney 
upon  that  occasion,  together  with  a  Representation  of  the 
Lords  Commissioners  of  Trade,  wherein  H.M.  right  to  those 
Islands  is  clearly  and  fully  set  forth,  as  likewise  the  memorial 
of  the  Sieur  Destouches,  who  was  then  charged  with  the  affairs 
of  France  at  this  Court,  wherein  he  asserts  the  right  of  the 
Crown  of  France  to  the  said  Islands.  And  from  the  whole  I 
doubt  not,  but  your  Excellency  will  be  able  to  set  this  affair 
in  so  clear  a  light,  that  the  Court  of  France  may  be  convinced 
they  ought  not  to  proceed  in  the  manner  they  do,  without 
any  regard  to  H.M.  title  to  the  said  Islands,  especially  as  no 
title  to  them  has  yet  been  made  appear  on  the  part  of  France. 
In  the  doing  whereof  H.M.  would  have  you  act  in  the  same 
amicable  manner  as  in  the  former  part  of  this  letter  you  are 
directed  to  do.  But  as  the  inclosed  papers  will  shew  you  the 
undoubted  right  of  H.M.  to  these  Islands,  and  likewise  the 
necessity  of  asserting  that  right  both  for  the  benefit  of  our 
trade  and  the  security  of  H.M.  other  Charibbee  Islands,  I  am 
to  recommend  it  to  your  Excellency  to  make  the  proper 
instances  that  this  dispute  may  be  determined  according  to 
the  rules  of  Justice,  and  that  a  stop  may  be  put  to  any  further 
incroachments  on  those  Islands.  Copy.  If  pp.  Enclosed, 

194.  i.  Council  of  Trade  and  Plantations  to  the  Duke  of 
Newcastle,  Feb.  9,  1728.  q.v. 

194.  ii.  Deposition  of  John  Ridley,  28th  Nov.,  1727. 
Copy.  If  pp. 

194.  iii.  John  Bennet,  merchant  in  Barbados,  to  the  Duke 
of  Montagu,  30th  Nov.,  1727.  Copy.  l£  pp.  [C.O. 
28,  39.  Nos.  43,  43  i-iii.] 

May  16.         195.     Mr.  Popple  to  Mr.  Attorney  and  Mr.  Solicitor  General. 
Whitehall.     The   Governors  of  H.M.   Plantations  are  directed  to  observe 


AMERICA   AND   WEST   INDIES. 


93 


1728. 


May  16. 

Jamaica. 


the  inclos'd  Instruction  (relating  to  the  5th  and  6th  Articles  of 
the  Treaty  of  Neutrality  with  the  French  in  America),  but  there 
having  been  some  doubt  concerning  the  legality  thereof ;  my 
Lords  Commissioners  desire  your  opinion  thereupon  as  soon 
as  may  be.  [C.O.  324,  11.  p.  103.] 

196.  Governor  Hunter  to  the  Council  of  Trade  and 
Plantations.  I  embrace  this  first  opportunity  that  has  offer'd 
since  the  meeting  of  our  Assembly,  to  give  your  Lordships  an 
account  of  their  proceedings  and  it  is  a  particular  satisfaction 
to  me  that  I  can  acquaint  your  Lordships  that  in  all  their 
deliberations  and  debates  they  have  behaved  with  moderation 
and  calmness  and  with  a  due  deference  to  the  King's  authority, 
and  I  must  really  do  them  the  justice  to  say  that  they  have 
dispatched  the  most  material  business  I  recommended  to  them 
in  as  short  a  time  as  could  possibly  be  expected,  after  which 
they  desir'd  me  to  give  them  a  short  recess,  it  being  their 
crop-time.  I  did  accordingly  on  the  eighteenth  of  the  last 
month  adjourn  them  to  the  second  of  July  next,  at  which 
time  I  have  no  reason  to  doubt  but  they  will  meet  and  accomp- 
lish what  remains  unfinished  and  recommended  to  them  for 
the  good  of  their  country.  Encloses  Minutes  of  Council  and 
of  Assembly  and  seven  Acts,  vizt.  (i)  An  Act  for  granting  a 
revenue  to  H.M.  for  the  support  of  the  Government  and  for  reviving 
and  perpetuating  the  acts  and  laws  etc.  I  have  carefully  com- 
pared this  Act  with  the  draught  formerly  transmitted  to  the 
Duke  of  Portland  and  find  it  agreeable  thereto  in  most  things 
literally  but  in  everything  as  to  it's  material  substance,  except 
in  such  particulars  as  I  was  impowered  by  my  Instructions  to 
leave  out  and  the  words  which  perpetuate  the  laws  in  this 
Act  are  synonymous  to  those  used  in  the  draught.  And  I  am 
of  opinion  that  the  Revenue  thereby  granted  will  effectually 
answer  the  sume  of  £8000  a  year,  altho'  the  duty  on  indigo 
and  sugar  should  by  any  accident  fall  short  of  the  sume 
mentioned  in  the  estimate  annext  to  the  draught.  For  I  am 
now  taking  such  measures  to  have  an  exact  rent  roll  made 
of  H.M.  Quit-rents  and  for  the  more  effectual  and  speedy 
collection  thereof  that  I  have  great  reason  to  believe  the  quit 
rent  will  at  least  raise  double  the  sume  reckoned  in  the  said 
estimate,  so  that  the  surpluss  of  the  quit  rents  will  at  all  events 
make  good  deficiencies  which  possibly  may  happen  in  the 
other  branches  of  the  Revenue  ;  Besides  there  is  an  express 
clause  of  credit  incerted  in  this  Act,  whereby  the  faith  of  the 
Country  is  engaged  to  make  good  any  deficiency  in  the  funds 
appropriated  to  the  Revenue,  and  it  has  been  seldom  known, 
where  the  publick  faith  has  been  engaged  by  a  vote  of  the 
Assembly  they  have  let  the  publick  suffer,  much  less  when 
solemnly  promised  and  engaged  by  a  law.  I  have  therefore 
given  my  assent  to  this  bill  and  cannot  but  earnestly  recom- 


94  COLONIAL   PAPERS. 

1728. 

mend  it  to  your  Lordships  for  H.M.  Royal  approbation,  (ii) 
An  act  for  raising  several  sums  of  money  and  applying  the  same 
to  several  uses.  This  is  an  annual  bill  and  I  have  succeeded  in 
having  a  clause  incerted  in  favour  of  the  South  Sea  Company, 
pursuant  to  the  additional  Instruction  which  was  given  me  for 
that  purpose.  By  this  Act  the  South  Sea  Company  pays  no 
duty  for  negroes  but  such  as  they  shall  actually  dispose  of  in 
this  Island  ;  This  was  a  difficult  point  to  get  over,  the  people 
of  the  country  having  an  aversion  to  that  Company,  they 
say  it  deprives  the  separate  traders  from  the  advantages  they 
formerly  had  before  the  South  Sea  Factory  was  settled  here. 
The  rest  of  this  bill  is  much  to  the  same  purpose  with  those 
passed  by  former  Governours  from  year  to  year  under  the 
same  title,  (iii)  An  act  to  oblige  the  several  inhabitants  to 
provide  themselves  with  a  sufficient  number  of  white  people,  or  pay 
certain  sums  of  money  in  case  they  shall  be  deficient  and  applying 
the  same  to  several  uses  and  for  repairing  the  wall  of  Port  Royal. 
This  is  likewise  an  annual  law  and  in  which  ample  provision 
is  made  not  only  for  all  arrears  due  to  the  officers  and  soldiers 
belonging  to  the  two  Independent  Companies  during  the  late 
cessation  of  the  laws,  but  also  for  their  subsistance  for  the 
ensuing  year  ;  I  could  not  possibly  prevaile  with  the  Assembly 
to  pass  it  for  a  longer  time.  They  give  for  reasons,  that  they 
by  this  instance  as  well  as  their  disposition  to  subsist  those  two 
Companies  demonstrate  their  good  will  to  them,  and  do  give 
me  the  utmost  assurances  that  they  will  continue  such  their 
subsistance  from  year  to  year,  whilst  the  said  Companies  are 
kept  among  them,  in  which  I  believe  them  sincere,  because  the 
soldiers  are  usefull  in  guarding  the  fortifycations  at  Port  Royal 
and  keeping  guard  in  this  town,  which  the  inhabitants  would 
otherwise  be  obliged  to  do  ;  They  likewise  say  that  the  providing 
for  the  soldiers  in  this  manner  by  annual  bills  is  most  agreeable 
to  the  common  practice  in  England  and  therefore  desire  to 
assimilate  themselves  as  near  as  may  be  to  their  mother  country, 
(iv)  An  Act  for  raising  a  tax  by  the  poll  and  on  trades  and  applying 
the  same  to  several  uses.  This  Act  is  intended,  as  set  forth  in 
the  preamble,  to  raise  an  additional  salary  for  me.  This 
method  the  Assembly  conceived  was  easier  to  the  country  and 
answered  the  ends  as  well  as  that  in  the  Duke  of  Portland's 
time,  and  indeed  the  main  end  of  keeping  a  Governour 
independt.  of  them  for  his  yearly  subsistance  is  answered  ; 
he  being  thus  enabled  to  rent  or  purchase  and  stock  a  pasture 
farm  without  which  there  is  no  keeping  house  in  this  country  ; 
H.M.  by  his  Instructions  is  pleased  to  permit  that  the  Assembly 
by  any  Act  or  Acts  may  settle  such  sum  or  sums  in  addition 
to  my  salary  as  they  shall  think  proper,  notwithstanding  any 
clause  or  clauses  in  the  20th  Instruction  provided  it  be  done 
by  the  first  Assembly  within  the  year  and  during  the  whole 
time  of  my  administration ;  so  I  humbly  hope  your  Lordships 


AMERICA   AND   WEST   INDIES.  95 

1728. 

will  be  of  opinion  that  in  giving  my  assent  to  this  Act,  I  have 
in  nothing  essential  departed  from  my  Instructions,  (v)  An 
Act  for  the  more  effectual  and  speedy  collecting  of  the  several 
outstanding  publick  debts  of  this  island.  There  being  very 
considerable  sums  of  money  due  to  the  Government  both  on 
the  revenue  and  other  publick  funds,  the  Assembly  have 
thought  proper  on  my  recommendation  to  apply  all  those 
arrears  for  the  payment  of  the  publick  debts,  and  this  bill 
prescribes  the  most  effectual  method  for  the  collection  of 
them  ;  so  that  the  utility  of  this  Act  is  so  apparent,  that  it 
carries  in  itself  sufficient  reasons  for  my  assenting  to  it.  (vi) 
An  Act  for  the  reviving  and  continuing  of  process  and  to  prevent 
disputes  at  law  concerning  the  registering  of  deeds  and  patents 
and  for  confirming  of  bonds  taken  in  the  Secretary's  Office,  (vii) 
To  enable  such  of  the  Parishes  as  have  not  already  chose  their 
parish  officers  nor  laid  their  parish  taxes,  to  do  the  same  in  prefixed 
times,  altho?  the  times  appointed  for  doing  thereof  be  already 
elapsed.  The  titles  and  preambles  fully  explaine  the  meaning 
and  design  of  the  two  last  Acts  etc.,  without  which  the  reviveing 
of  the  laws  by  the  Revenue  bill  could  have  been  of  little 
immediate  service  to  the  Island  ;  and  there  being  nothing  in 
the  said  bills  contained  injurious  to  H.M.  Prerogative,  I  readily 
gave  my  consent  to  them.  These  are  all  the  bills  that  have 
hitherto  been  presented  to  me  for  my  assent,  but  there  are 
many  other  good  bills  under  the  consideration  of  the  House, 
such  as  re-establishing  credit,  and  a  more  speedy  way  of 
reducing  the  rebellious  negroes  ;  These  with  some  other  matters 
of  importance  I  hope  to  get  accomplished  at  the  Assembly's 
next  meeting  etc.  Encloses  duplicate  of  Act  passed  in  the 
Duke  of  Portland's  time  entitled,  an  explanatory  act  for  the 
further  encouraging  the  settling  the  parish  of  Portland,  "  which 
I  never  saw  nor  heard  of  till  I  came  to  this  country,  otherwise 
I  should  have  sollicited  H.M.  approbation  of  it  before  I  left 
England  ;  for  unless  it  is  confirm'd  I  am  afraid  the  settlements 
of  that  part  of  the  country,  which  is  of  great  importance  to  us, 
will  meet  with  obstructions  and  delays  "  etc.  Continues : — 
The  Council  and  Assembly  have  join'd  in  a  dutifull  Address 
to  H.M.,  which  I  have  by  this  conveyance  transmitted  to  the 
Secretary  of  State.  The  Fox  man  of  warr  arrived  here  about 
ten  days  ago  with  orders  for  Admiral  Hopson,  who  is  at  present 
with  most  of  the  squadron  on  the  coast  of  Cartagena,  but  are 
daily  expected  here.  The  Spaniards  continue  to  fit  out 
privateers  especially  from  St.  Jago  on  Cuba  and  they  take  every 
ship  and  vessel  belonging  to  us  they  can  make  themselves  mas- 
ters of ;  which  is  a  great  obstruction  to  trade.  P.S.  Last  night 
Admiral  Hopson's  corpse  arrived  here  from  the  coast  of  Cartagena 
on  board  the  Leopard  man  of  warr  ;  He  removed  from  on  board 
his  own  ship  the  Lyon,  that  ship  being  very  sickly  and  the  day 


96  COLONIAL   PAPERS. 

1728. 

after  was  seizd  with  a  feaver  and  died  in  a  few  days.  I  am 
informed  that  the  rest  of  the  squadron  are  tolerably  well. 
Signed,  Ro.  Hunter.  Endorsed,  Reed.  19th,  Read  23rd  July, 
1728.  8  pp.  [C.O.  137,  17.  ff.  49—520.,  540.] 

May  17.  1 97.  Governor  Hunter  to  the  Duke  of  Newcastle.  Refers  to 
Jamaica,  enclosed  duplicate  of  letter  to  Council  of  Trade,  May  16  supra. 
Continues  :  I  dare  not,  till  I  am  better  inform'd  and  acquainted, 
venture  to  recommend  any  persons  for  the  Adminr.  in  case  of  my 
death,  by  virtue  of  a  dormant  commission,  tho'  to  prevent  new 
disorders  I  cannot  help  thinking  such  precaution  may  not  be 
amisse,  for  although  I  think  the  gentleman  in  who's  hands  it 
was  at  my  arriveal  can  not  be  accus'd,  as  far  as  I  am  inform'd, 
of  any  thing  illegal,  yet  what  by  means  of  probable  fewds  and 
resentments  and  the  contempt  and  little  regard  the  generality 
have  for  him,  I  can  not  think  him  a  proper  person  for  that 
trust.  I  thank  God  I  enjoy  better  health  then  I  have  done  for 
for  some  years  pass'd  so  there  is  in  appearance  no  immediate 
necessity  for  that  precaution.  Upon  the  whole,  I  think  the 
Assembly  here  if  manag'd  by  a  gentle  hand  may  be  brought 
to  do  their  duty  in  ev'ry  thing  with  relation  to  H.M.  Government 
and  the  good  of  the  countrey.  An  unforeseen  and  unsuspected 
opposition,  which  I  am  almost  asham'd  to  mention,  had  like  to 
have  embroil'd  all  again,  but  as  I  gott  in  some  measure  the  better 
of  it,  I  shall  not  trouble  your  Grace  with  it.  I  have  however 
explain'd  this  to  Mr.  Delafay.  The  Spaniards  have  several 
privateers  on  the  cruize  which  much  disturb  our  trade  and  take 
every  vessel  they  come  up  with.  Refers  to  Admiral  Hopson's 
death  etc.  (v.  preceding),  and  to  enclosed  Address,  "  which  I 
beg  your  Grace  to  gett  presented  wt.  the  humble  and  hearty 
assurances  of  their  duty  and  loyalty."  Signed,  Ro.  Hunter. 
Endorsed,  R.  July  20.  Holograph.  3  pp.  Enclosed, 

197.  i.  Address  of  Council  and  Assembly  of  Jamaica,  April  3, 
1728  to  the  King.  Condole  with  H.M.  on  loss  of  his 
royal  Father,  whilst  heartily  congratulating  him  on 
his  accession.  "  The  many  early  instances  of  your 
Majesty's  goodness  must  give  your  subjects  the  greatest 
assurances  of  happiness,  and  what  quiet,  what 
content  must  they  enjoy  who  are  more  immediately 
in  your  presence,  when  we  whom  Fortune  has  removed 
by  a  very  distant  scituation  are  so  sensible  of  the 
happy  influences  of  your  Government."  Express 
appreciation  of  Governor  Hunter's  appointment  etc., 
and  sentiments  of  duty  and  loyalty  etc.  Signed,  Tho. 
Beckford,  Speaker  ;  Jos.  Maxwell,  Cl.  Council.  1  large 
folded  p. 

197  ii.  Duplicate,  No.  196.  Endorsed,  Rd.  July  20.  [C.O. 
137,  53.  ff.  46— 470.,  480.,  49,  50—54,  550.] 


AMERICA   AND   WEST   INDIES. 


97 


1728. 
May  17. 

Jamaica. 


May  17. 

Jamaica. 


May  17. 


May  17. 
Whitehall 


198.  Governor  Hunter  to  Mr.  Stanyan.     Refers  to  former 
letters  and  repeats  gist  of  letters  of  16th  and  17th  May,  supra. 
Signed,  Ro.  Hunter.    Endorsed,  Rd.  July  17.    Holograph.    3  pp. 
[C.O.  137,  53.  ff.  56—57*;.] 

199.  Same  to  the  Duke  of  Newcastle.     Capt.  St.  Loe  now 
commanding  in  Admiral    Hopson's    room,    recommends    him, 
"  as  honest  a  gentleman  and  good  an  officer  as  any  in  the 
Service,   one  very  acceptable  to  all   here    and  well  deserving 
promotion  "  etc.    Signed,   Ro.    Hunter.    Endorsed,  R.  July  20. 
Holograph.      1  p.    [C.O.  137,  53.    ff.  58,  59u.] 

200.  President  Middleton  to  the  Duke  of  Newcastle.    Had 
hoped  some  notice  would  have  been  taken  ere  now  of  his  letter 
of  31st  June  last  to  Governor  Nicholson,  which  was  laid  before 
H.M.  in  Council  etc.     For  want  thereof,  the  people  continue  in 
their  riotous  dispositions,  and  are  daily  affronting  the  Govern- 
ment etc.    Repeats  proceedings  of  Assembly  as  in  the  Representa- 
tion which  he  is  now  preparing  with  the  Council  (v.  July  2nd,  1729). 
Concludes  : — If  such  a  petty  Colony  as  this,  are  suffered  to  run 
on  at  this  rate,  etc.,  daily  affronting  the  Royall  authority  and 
his    Representatives    here   etc.,    and   that   without   the   least 
censure  from  home  etc.,  I  know  not  where  will  be  the  end  of 
these  things.     Signed,  Ar.  Middleton.     Endorsed,  R.  4th  June. 
2  pp.     Enclosed, 

200.  i.  Bill  (sent  up  from  the  Assembly,  S.  Carolina)  to  prevent 
the  many  evils  etc.  from  the  unsettled  state  of  the  paper 
currency  etc.  Copy.  Signed,  Char.  Hart,  Secry.  1  p. 

200  ii.  Bill  to  promote  the  currency  of  silver  and  gold  by  affixing 
the  value  thereof  in  the  present  paper  currency  etc.  Copy. 
Signed,  Wm.  Bull,  Cl.  Cone.  1  p. 

200.  iii.  Bill  to  promote  the  importation  of  gold  and  make  it 
current  etc.  Copy.  Signed,  Char.  Hart,  Secry.  1  p. 

200.  iv.  Bill  to  ascertain  the  discount  on  the  paper  bills  of  credit 
etc.  Copy.  Signed,  Benja.  de  la  Conseillere.  1  p. 

200.  v.  Minutes  of  Council  in  Assembly  of  S.  Carolina,  4th— 
llth  May,  1728,  with  Proclamation  for  dissolving 
Assembly,  llth  May.  Copy.  Signed,  Wm.  Tinley,  Cl. 
Cone.  5pp. 

200.  vi.  Bill  to  ascertain  the  value  of  the  paper  bills  and  to 

promote  the  currency  of  gold  and  silver.   Copy.  Signed  as 
preceding.   1  p.   [C.O.  5,  306.  Nos.  80,  80.  i— vi.] 

201 .  Council  of  Trade  and  Plantations  to  the  Lords  Com- 
missioners of  the  Treasury.  The  Board  of  Works  upon  surveying 
this  Office,  in  order  to  secure  the  same  when  they  pull'd  down 
the  partition  wall  lately  repair'd,  do  find  the  South  West  wall, 
almost  in  as  bad  a  condition  as  that  which  they  have  taken 
down  ;  and  as  we  are  inform'd  that  the  repairing  the  same  will 

q.p.xxxvj-7 


98 


COLONIAL   PAPERS. 


1728. 

not  be  attended  with  much  expence,  we  desire  your  Lordships  will 
please  to  give  the  necessary  directions  for  this  repair,  whilst  the 
workmen  are  going  forward  with  the  other,  that  we  may  not  be 
oblig'd  to  remove  a  second  time  out  of  our  Office.  [C.O.  389, 
37.  p.  290.] 

May  17.         202.     Mr.  Popple  to  Mr.  Fane.      Encloses,  for  his    opinion 
Whitehall,     in  point  of  law,  two  acts  of  S.  Carolina.  [C.O.  5,  400.  p.  238.] 

[May  17.]  203.  List  of  inhabitants  of  Bermuda,  1727.  By  parishes. 
Totals:  Whites,  Men,  910,  Women,  1768,  boys,  1261,  girls, 
1131.  Blacks,  men,  787,  women,  945,  boys  1158,  girls,  987. 
Endorsed,  Reed,  (from  Col.  Hope),  Read  17th  May,  1728.  1  p. 
[C.O.  37,  12.  //.  9,  10.] 

[May  17.]  204.  Copies  of  assessments  in  the  9  tribes  of  Bermuda,  in 
1727,  pursuant  to  the  Act  for  raising  money  for  the  fortifica- 
tions. Endorsed  as  preceding.  25pp.  [C.O.  37,  12.  ff.  11 — 30t>.] 


May  19. 

Jamaica. 


May  20. 

Antego. 


205.  Governor  Hunter  to  Mr.  Popple.  I  have  apply 'd  to  the 
D.  of  Newcastle  and  beg  you'll  for  me  apply  to  their  Losps.  for 
a  letter  constituting  Alexr.  Forbes  Esq.   of  ye  Council  he  is 
Provost  Marshal  but  acts  by  a  Deputy.     I  am  frequently  put 
to't  for  want  of  a  Quorum  many  of  ye  Council  live  at  such  a 
distance.    And  Pusy  has  been  several  years  absent  and  in  jayl 
and  indeed  as  I  am  told  never  was  fitt  for  the  trust.   We  cannot 
spare  the  Atty.  Genl.  from  the  Assembly  as  yet.     Make  my 
excuse  to  their  Losps.  for  having  omitted  this  in  mine  to  them. 
I  shall  send  a  list  of  twelve  when  I  am  better  acquainted    at 
present  I  cannot  do't  but  by  guesse.    Signed,  Ro.  Hunter.    En- 
dorsed, Reed.  20th  July,  Read  13th  Nov.,  1728.     Holograph. 
1  p.    [C.O.  137,  17.    ff.  82,  83  v.] 

206.  Lt.    General   Mathew   to   the    Council   of  Trade   and 
Plantations.    Is  sending  to  Mr.  Yeamans,  Agent  for  the  island, 
two  acts  to  be  laid  before  the  Board,  (i)  for  laying  a  duty  of 
powder  and  money  on  all  vessells  trading  to  or  from  this  island  for 
the  defence  of  the  island  and  the  protection  of  trade  etc.     (ii)  for 
raising  a  tax  for  paying  publick  debts  etc.,  and  particularly  apply- 
ing the  said  tax.    The  first  in  the  preamble  remedy s  the  objections 
your  Lops,  were  pleased  to  make  to  the  former  act  to  this 
purpose.    The  second  is  a  levy  in  the  same  terms  and  provisoes 
as  usual.     Mr.  Meure  writes  me  Mr.  Willett  has  complained  of 
me  to  your  Lops.     I  did  not  beleive  he  would,  and  when  your 
Lops,  permitt  me  to  reply,  I  hope  you  will  think  I  ought  to  have 
been  the  complainant.     He  and  I  are  come  to  a  better  under- 
standing some  months  ago,  till  I  see  my  crimes  as  recited  by 
him,  I  can  say  nothing  to  it.     I  have  been  so  very  ill,  and  my 


AMERICA   AND   WEST   INDIES. 


99 


1728. 


May  20. 

Barbados. 


distemper  still  so  affects  my  head  and  nerves,  that  writing  is 
very  irksome  to  me.  I  would  not  miss  this  conveyance.  But 
pray  your  Lops,  will  excuse  this  being  so  short  and  no  better 
writt.  Signed,  William  Mathew.  Endorsed,  Reed.  9th  Sept., 
1728,  Read  28th  March,  1729.  2  pp.  [C.O.  152,  17.  ff.  7,  8,  &>.] 

207.  Governor  Worsley  to  the  Duke  of  Newcastle.  About 
the  beginning  of  Janry,  last  I  heard  that  some  Gentlemen  of  the 
Assembly  had  met  privately,  tho'  they  were  then  prorogu'd,  and 
had  drawn  up  some  complaint  against  me  to  the  Lords  of  Trade, 
and  that  one  particular  was  in  relation  to  the  powder  in  the 
Magazine.  I  did  not  then  think  fit  to  trouble  your  Grace  about 
a  report,  for  which  I  was  convinced  in  my  conscience  there  was 
no  grounds,  nor  could  I  think  they  would  style  themselves  an 
Assembly  after  I  had  prorogued  them,  however,  I  wrote  to  my 
Agent  Mr.  Sharpe  a  short  account  of  the  powder,  in  order  to  lay 
it  before  your  Grace  in  case  they  should  have  made  any  such 
complaint,  and  having  since  heard  from  private  letters  from 
England  that  it  was  there  reported,  that  they  had  not  only 
complained  of  the  want  of  gunpowder  in  the  magazine,  but  also 
of  my  negligence  in  relation  to  the  Militia  and  the  fortificacons, 
and  of  my  granting  injunctions  unlawfully  in  Chancery  ;  I  beg 
leave,  tho'  I  have  not  yet  seen  a  copy  of  the  complaint,  to  repre- 
sent to  your  Grace  what  I  have  done  upon  all  those  heads. 
Upon  the  complaints  and  uneasiness  of  the  inhabitants  of 
Bridgetown  on  occasion  of  the  ruinous  condition  of  the  Magazine 
there,  I  gave  orders  the  10th  of  July,  1725  (copies  enclosed)  to  the 
Storekeeper  Collo.  William  Leslie,  to  deliver,  to  the  several 
Captains  of  the  forts,  Needham,  Oistins,  and  Speights,  100 
barrells  of  powder  each,  to  be  kept  there  entire  till  my  further 
orders,  and  finding  the  magazine  daily  growing  in  a  worse  con- 
dition, I  ordered,  the  23rd  Sept.  following,  200  barrells  more  to 
be  lodged  in  the  same  manner  at  Needhams  Fort,  the  whole 
quantity  of  powder  removed  weighed  neat  501,47  pounds  which 
makes  501  barrls.  and  47  Ib.  the  other  aforementd.  two  maga- 
zines not  being  capable  of  containing  more  than  what  I  had 
already  lodged  in  them  ;  The  15th  Feb  following,  the  Assembly 
were  so  sensible  of  the  ruinous  condition  of  the  old  Magazine,  that 
they  passed  a  bill  for  erecting  a  new  one  etc.,  transmitted  27th 
April,  1726,  the  preamble  of  which  is  as  follows  ; — Whereas  the 
present  magazine  etc.  is  in  a  very  ruinous  condition  and  the  pow- 
der and  other  stores  therein  have  already  been  damnified  thereby, 
and  the  said  magazine  is  very  inconveniently  situated,  and  the 
lives  and  fortunes  of  H.M.  subjects  etc.  are  in  apparent  danger 
from  the  great  quantity's  of  gun  powder  usually  kept  in  the 
said  magazine."  What  quantity  of  powder  the  complainants 
may  have  represented  to  be  in  the  magazine,  I  can't  tell,  but 
it  is  amazing  to  see  them  prevaricate  in  their  complaints,  if  what 
I  am  told  is  true,  by  saying  that  there  were  but  so  many  barrls, 


100  COLONIAL   PAPERS. 

1728. 

of  powder  in  this  Island,  because  there  was  no  more  in  the 
magazine,  when  the  whole  town  and  island  could  not  but  know, 
that  I  had  removed  it  for  their  own  safetys,  before  the  passing 
of  the  abovesaid  bill,  and  if  I  had  not  done  it,  the  old  Magazine, 
during  the  late  earthquakes,  probably  would  have  fallen 
with  that  quantity  of  powder  in  it,  which  would  have 
occasioned  the  utter  ruin  of  the  town,  for  the  Magazine  was  so 
ruined  that  in  the  pulling  of  it  down,  it  fell,  and  in  October  last, 
the  new  Magazine  was  not  fit  to  receive  the  powder,  as  your 
Grace  will  perceive  by  the  inclosed  report  etc.,  so  that  the  under- 
taker is  now  obliged  to  rebuild  it  after  a  better  manner,  which 
will  not  be  finished  till  about  a  month  hence  whence  I  could 
not  have  returned  the  powder,  and  the  late  Storekeeper  Collo. 
Leslie  is  obliged  to  keep  in  his  hands  above  100  barrells  more 
of  powder  upon  his  own  risque  till  the  Magazine  is  finished.  In 
Sept.  1723  I  had  the  honor  of  sending  lists  of  the  stores,  and  of 
the  state  of  the  fortifications  in  this  Island,  to  the  Secretary  of 
State,  Lords  of  Trade  and  board  of  Ordnance,  in  the  account  of 
the  stores  which  was  taken  on  8th  Feb.  1723  which  was  imme- 
diately after  my  arrival  here,  there  was  but  564  barlls.  and  83 
pounds  of  powder  then  in  the  magazine,  and  notwithstanding 
there  was  110  barrells  of  gunpowder  spent  in  the  several 
divisions  in  this  Island,  when  His  present  Majesty  was  pro- 
claimed, I  guess  there  is  now  about  700  barrells,  but  for  the 
satisfaction  of  the  Island,  the  20th  of  Feb.  last,  I  ordered  in 
Council  Mr.  Lightfoot,  who  is  the  Chairman  of  the  Committee  of 
Public  Accounts,  to  make  up  the  late  Storekeeper's  accounts,  as 
appears  by  the  the  Minutes  of  Council  which  accompanies  this, 
whence  it  will  appear  if  any  powder  has  been  imbezelled,  or  not ; 
I  must  now  beg  leave  to  shew  your  Grace,  that  according  to  the 
constitution  of  this  Island,  the  Storekeeper  is  nominated  by  the 
Assembly,  and  when  approved  by  the  Governour,  before  he  can 
execute  his  office,  must  give  a  bond  of  £2000  sterling  for  the  true 
and  faithfull  execution  thereof,  as  appears  by  an  Act  of  1697  to 
ascertain  the  duties  of  masters  of  ships,  etc.,  so  that  the  Governour 
has  nothing  more  to  do  with  the  powder  than  to  issue  his  orders 
for  delivering  it  when  occasion  requires.  As  to  the  complaints  in 
relation  to  the  Militia,  I  must  refer  myself  to  an  Act  for  the 
settlement  of  Militia,  1697  etc.,  whereby  the  Militia  are  to  be 
exercised  once  a  month  in  time  of  war,  and  once  in  two  months  in 
time  of  peace  and  no  oftner,  and  that  the  several  Collos.  have  by 
this  Act  the  sole  power  of  fining  defaulters,  hearing  all  com- 
plaints, and  of  giving  redress  according  to  the  merit  of  the  cause, 
tho'  at  the  same  time  they  are  not  obliged,  under  any  penalty, 
to  do  it ;  even  in  granting  commissions  the  Governor's  power  is 
restrained,  for  by  the  same  Act  no  person  is  held  capable  of 
being  Field  Officer,  unless  he  has  a  freehold  of  100  acres  of  land, 
and  no  person  shall  be  admitted  a  Captain,  unless  he  has  a  free- 
hold of  40  acres  at  least ;  according  to  the  settlement  of  the  Mill- 


AMERICA   AND   WEST   INDIES.  101 

1728. 

tia  by  this  Act,  I  can't  imagine  what  grounds  of  complaint  they 
can  have  against  me,  I  have  indeed  ordered  them  to  be  exercised 
once  a  month,  in  that,  whilst  there  is  only  a  cessation  of  arms, 
it  can't  be  properly  called  a  time  of  peace  ;  so  far  was  I 
from  being  thought  negligent  upon  the  head  of  Militia,  that, 
till  lately,  this  was  complained  of,  as  if  I  had  acted  contrary 
to  law.  As  to  their  complaint  of  my  neglect  of  the  fortifi- 
cations, I  have  never  failed  of  representing,  to  every  Assembly, 
the  ruinous  condition  they  are  in,  and  of  recommending  to  them, 
the  raising  money  for  the  repairing  them.  As  to  my  granting 
injunctions  in  Chancery  unlawfully,  I  am  at  a  loss  to  know  what 
they  mean  ;  upon  my  arrival,  I  found  that  writts  of  injunction 
were  granted  till  the  merrits  of  the  cause  should  be  heard,  even 
after  judgment  in  the  lower  Courts,  whence,  sometimes  the  cause 
did  not  come  to  be  heard  in  four  or  five  years  ;  I  grant  such  injunc- 
tions till  answer  and  further  order,  by  this  means,  in  two  months 
time  by  motion,  it  may  come  before  the  Court  of  Chancery,  and 
upon  hearing  the  merits  of  the  petition,  the  injunction  may  be 
continued  or  dissolved  ;  hitherto  it  has  been  the  practice  of  the 
Court  of  Chancery  in  this  Island  not  to  give  costs  together  with 
the  decree,  but  was  afterwards  prayed  for  by  motion,  whence 
motions  for  costs,  (besides  the  extraordinary  expence  that 
attends  them)  have  sometimes  lain  a  considerable  time,  till  they 
come  in  course  to  be  heard  ;  I  have  now  joyntly  with  the  Court 
made  a  rule,  that  for  the  future,  costs  shall  be  given  with  the 
decree,  this  will  prevent  delays,  and  be  of  great  ease  to  the 
people.  P.S.  Having  seen  a  book  of  exercise  for  the  horse, 
dragoon  and  foot  forces  lately  publish'd,  by  H.M. 'command,  I 
have  ordered  the  several  Collos.  here  to  practice  the  same. 
Signed,  Henry  Worsley.  Endorsed,  R.  15th  July.  11  pp. 
Enclosed, 

207.  i — iv.  Orders  by  Governor  Worsley  to  William  Leslie, 
Storekeeper,  to  deliver  500  barrels  of  powder  to  the 
forts  (v.  covering  letter],  10th  July  and  23rd  Sept., 
1725.  Copies.  2  pp. 

207.  v.     Report  by  Commissioners  for  viewing  the  new  Maga- 

zine at  St.  Ann's  Castle.  17th  Oct.,  1727.  The 
buildings  are  leaky  and  unfit  to  hold  powder  and 
arms  etc.  10  signatures.  Copy.  1  p.  [C.O.  28,  44. 
Nos.  120,  120  i-v.] 

• 

May  20.         208.     Governor  Worsley  to  the  Council  of  Trade  and  Plant- 
Barbados,     ations.     The  2nd  of  this  month  I  had  the  honor  of  receiving 
your  Lordps.  letter  of  the  24th  Nov.    Repeats  preceding  covering 
letter.     Signed,  Henry  Worsley.     Endorsed,  Reed.  13th,  Read 
17th  July,  1728.     11  pp.     Enclosed, 

208.  i,  ii.     Duplicates  of  encl.  i — v  preceding.     Endorsed  as 
preceding.  [C.O.  28,  19.  ff.  194—202,  203*;.] 


102 


COLONIAL   PAPERS. 


1728. 
May  20.         209.     Mr.  Willard  to  Mr.  Popple.  Encloses  Minutes  of  Council 

Boston.  ancj  Journal  of  Assembly,  and  Acts,  for  the  last  half  year. 
Sent  the  Excise  Act  for  1726  in  Oct.  last  etc.  Signed,  Josiah 
Willard.  Endorsed,  Reed.  Read  4th  July,  1728.  f  p.  [C.O.  5, 
870.  ff.  115,  116U.] 

[May  21.]  210.  Memorandum  by  Mr.  Godin  upon  the  first  settling  of 
Carolina.  Set  out,  N.C.  Col.  Rec.  II.  763.  Signed,  Stephen 
Godin.  Endorsed,  Reed.  Read  21st  May,  1728.  2£  pp.  [C.O. 
5,  360.  ^64,  64u.] 

[May  21.]  211.  Memorandum  of  the  bounds  and  settlement  of  Carolina 
and  the  Bahama  Islands.  Signed,  Ri.  Shelton.  Endorsed  as 
preceding.  l?pp.  [C.O.  5,  360.  ff.  64,  64*;.,  65i>.] 


May  21. 

Jamaica. 


May  22. 

Whitehall. 


212.  Governor  Hunter  to  Mr.  Stanyan.    The  Fleet  not  yet 
being  sayl'd,  I  have  time  to  supply  an  omission.    Peter  Miller, 
found  guilty  of  the  murder  of  John  Addington  is  still  in  jayl 
under  sentence.  The  Bench  was  divided  it  seems  abt.  ye  evidence 
of  his  guilt  wch.  procured  his  reprieve  at  that  time.     In  that 
case  the  Govr.  can  only  reprieve  till  H.M.  pleasure  be  known  etc. 
Awaits  orders.    Signed,  Ro.  Hunter.    Endorsed,  Rd.  July   14th. 
Holograph.   1  p.  [C.O.  137,  53.  ff.  60,  61u.] 

213.  Duke  of  Newcastle  to  the  Council  of  Trade  and  Planta- 
tions. Encloses  following.  Continues  : — As  you  are  now  preparing 
draught  of  Col.    Philips'    Commission   and   Instructions,   it  is 
H.M.  pleasure  that  you  should  at  the  same  time  consider  of  the 
several  matters  proposed  by  him,  with  what  shall  otherwise 
occurr  to  you,  as  most  necessary  and  proper  for  the  better 
settlement  and  Government  of  Nova  Scotia.    P.S.    I  must  desire 
your  Lordps.  will  give  what  dispatch  you  conveniently  can  to 
this  affair.     Signed,  Holies  Newcastle.     Endorsed,  Reed.  Read 
23rd  May,  1728.    1  p.    Enclosed, 

213.  i.  Petition  of  Governor  Philipps  to  the  King.  Petitioner 
will  obey  H.M.  commands  to  return  to  his  Government 
with  all  dispatch.  Prays  that,  before  his  patent  and 
instructions  are  made  out,  the  Board  of  Trade  may  be 
directed  to  lay  before  H.M.  the  memorials  that  have 
been  given  of  the  state  of  that  Government  and  their 
reports  thereupon,  by  which  H.M.  will  be  informed  of 
of  the  miserable  condition  of  that  Province  and  be 
able  to  judge  of  measures  necessary  to  be  taken  for  a 
speedy  relief.  This  is  what  (with  His  late  Majesty's 
leave)  petitioner  came  over  to  sollicit,  and  unless 
obtain'd  there  is  great  reason  to  apprehend  that  his 
return  there  will  serve  to  no  better  end  then  totally 
to  discourage  the  settlement  (so  much  wanted)  of  that 
Province,  and  give  despair  to  those  unhappy  people 


AMERICA   AND   WEST   INDIES.  103 

1728. 

both  military  and  civill  who  have  supported  themselves 
hitherto  under  the  greatest  hardships  on  the  hopes  of 
the  good  success  of  his  representations.  Endorsed,  Rd. 
8th  May,  1728.  1  p. 

213.  ii.  State  and  Condition  of  Nova  Scotia,  (i)  The  fort  of 
Annapolis  Royal  is  utterly  gone  to  decay  etc.  and  the 
artillery  almost  totally  dismounted  (described),  so  that 
the  state  of  that  garrison,  without  cover  or  defence, 
is  no  longer  supportable  etc.  (ii)  Canso  is  yet  in  worse 
circumstances,  if  possible.  Seven  years  have  elapsed 
since  the  present  Governor  erected  at  his  own  expense 
lodgment  and  a  magazine  intended  to  last  but  for  one 
year,  and  no  better  provision  made  for  the  garrison, 
in  which  time  they  have  undergone  unspeakable  hard- 
ships. It  is  not  to  be  expected  that  human  nature  is 
able  to  exist  there  another  winter  in  the  same  condition. 
By  means  of  the  protection  of  the  Garrison  Canso  is 
become  the  most  considerable  of  the  fishery  trade 
of  any  in  America,  insomuch  that  one  year's  proffits 
at  this  time  ariseing  to  Great  Brittain  by  the  returns 
for  fish  shipped  off  there  to  foreign  markets,  will 
more  than  pay  the  expence  needfull  for  its  security, 
without  which  it  is  in  danger  of  being  deserted, 
(iii)  Annapolis  Royal  being  130  leagues  from  Canso, 
and  Canso  80  from  Placentia,  and  no  possibility  of 
communication  by  land,  the  Governor  needs  a  vessel 
to  be  appointed  constantly  to  attend  that  service, 
otherwise,  there  being  no  correspondence  between  them 
by  traffick  or  otherwise,  "  the  moment  he  removes  from 
hence,  where  is  the  present  center  of  correspondence 
with  the  whole,  he  looses  all  knowledge  of  the  affairs 
of  that  Government."  (iv)  Another  circumstance 
necessary  to  be  had  under  consideration  is  that  of  the 
French  inhabitants,  who  beside  the  Indian  natives  are 
almost  the  only  inhabitants  of  that  Province,  excepting 
about  half  a  dozen  poor  English  familys  ;  These  are 
the  same  people  that  settled  there  under  the  French 
Government,  but  greatly  multiply'd  since  the  sur- 
render of  that  country  16  years  ago  ;  since  which  time 
they  have  presym'd  upon  their  own  numbers  and 
strength,  and  the  weakness  of  the  English  Govern- 
ment, back'd  with  the  friendship  of  the  Indians, 
to  continue  their  footing  there,  refusing  to  comply 
with  the  Articles  of  Capitulation  etc.  and  at  this 
time  declareing  themselves  subjects  of  France,  waiting 
for  opportunity  of  a  rupture  betwixt  the  two  Crowns, 
and  in  the  meantime  are  dayly  practiseing  in  secret 
with  the  Indians,  exciting  them  to  robberys  and 
murder,  makeing  a  mock  of  the  English  Government 


104  COLONIAL   PAPERS. 

1728. 

etc.    As  the  only  remedy,  it  is  proposed  as  absolutely 
necessary  toward  haveing  the  entire  command  of  the 
Province,  to  take  post  with  a  number  sufficient  for  a 
garrison  on  the  Isthmus  which  divides  the  Province 
in  the  center,  and  is  the  scituation  of  the  greatest  part 
of  those  inhabitants,  and  rendevouz  of  the  Indians  in 
concerting  of  mischief,  by  which  means  those  insolent 
people  may  be  entirely  subjected  to  obedience,   and 
by  thus  cutting  off  the  communication  between  the 
West  and  Eastern  Indians  will  infallibly  prevent  all 
future    warr,     disturbance    and    murders    by    those 
barbarians,  which  has  hitherto  discouraged  the  settleing 
of  the  Province,  etc.    The  Isthmus,  being  about  8  or  9 
miles  wide,   and  a  very  fertile  soil,   on  which  those 
inhabitants   raise   great   store   of  excellent   corn   and 
cattle,  with  which  they  traffick  with  the  French  at 
Cape    Breton    and    are   the  support   of  that    Colony, 
takeing  in  return  the  European  manufactures  of  France, 
by  the  influence  of  this  post  that  trade  will  be  forced 
into  its  proper  channel  with  the  subjects  of  Great  Brit- 
tain,  who  will  vend  there  yearly  considerable  quantitys 
of  our  manufactures  etc.    The  charge,  besides  a  small 
reinforcement  of  men,  will  not  exceed  £1000  sterl.,  which 
those  inhabitants,  when  subjected,  are  rich  enough  to 
make  good,  (v)  The  Governor  being  by  his  last  Instruc- 
tions laid  under  a  prohibition  of  making  any  grants  of 
lands  in  that  Province  before  such  time  as  a  general 
survey  shall  be  made  for  the  marking  out  a  certain 
number  of  acres  of  woodland   fitt   for   the  use  of  the 
Royall  Navy,  which  occasion'd  the  loss  of  200  familys 
that  at  one  time  offer'd  themselves  to  go  over  in  a 
body  to  settle  but  cou'd  not  be  accepted,  and  whereas 
the  intended  general  survey  is  not  yet  begun,  and  may 
in  all  probability  be  a  work  of  two  or  three  years 
before  finished  etc.,  proposes  that  he  be  permitted  in  the 
mean  time  to  grant  such  lands  as  bear  no  such  timber 
etc.    (6)  Whereas  no  ways  or  means  are  to  be  found  for 
raising  the  least  supply  within  the  Province  toward  the 
support  of  the  Government  upon  any  emergency  tho' 
it  were  but  a  shilling  and  its  safety  depended  on  it, 
it  is  hoped  that  a  provision  by  way  of  contingent  mony 
may    be    appropriated    in    like    manner    as    to    other 
Governments  etc. 

Number  and  disposition  of  forces  necessary  :  At 
Canso,  being  the  frontier  of  the  Province,  200  ;  at  the 
post  on  the  isthmus,  200  ;  at  Annapolis  the  garrison  of 
150  may  be  reduced  from  150  to  100  by  opening  a 
communication  between  it  and  the  post  on  the  isthmus. 


AMERICA   AND   WEST  INDIES. 


105 


1728. 


May  23. 

Whitehall. 


May  24. 

Whitehall. 


May  28. 

Londo. 


May  28. 

Bartlett's 
Buildings. 


The  Regiment  there  at  the  present  establishment  is 
350.  The  state  of  the  Civil  Government  is  matter  of 
further  consideration.  3  pp.  [C.O.  217,  5.  ff.  11,  12, 
13,  13v.,  14,  14u.,  I5v.,  I6v.] 

214.  Council  of  Trade  and  Plantations  to  the  King.     The 
allegations  in  Mr.  Elliot's  petition,  (v.  July  5th)  according  to  our 
information  are  true,  and  he  has  been  of  service  in  protecting 
the  Fishery  at  Can£o.   And  as  we  are  informed  that  many  perni- 
cious practices  are  carried  on  in  the  towns  of  Newberry,  Capan 
and  Squam  by  reason  of  their  distant  situation  from  Piscataqua 
where  the  Collector  usually  resides,  to  the  great  detriment  of 
your   Majesty's   Revenue ;     we   have   no   objection    why   your 
Majesty  may  not  be  graciously  pleas'd  to  gratify  the  petitioner 
according  to  his  request.   [C.O.  218,  2.  pp.  74,  75.] 

21  5.  Duke  of  Newcastle  to  Governor  Worsley.  Has  laid 
the  petition  of  Assembly  (4th  Jan.)  against  him  before  the 
King  etc.  Concludes  : — The  King  has  so  good  an  opinion  of 
your  conduct,  that  he  is  willing  to  hope  this  complaint  has  not 
any  just  foundation  ;  however  H.M.  has  commanded  me  to 
transmit  to  you  the  inclosed  copy  thereof  for  your  information, 
and  that  you  may  have  an  opportunity  of  returning  a  proper 
answer  thereto.  Signed,  Holies  Newcastle.  Annexed, 

215.  i.     Copy  of  Petition  of  Assembly  of  Barbados,  4th  Jan. 

[C.O.  324,  36.  pp.  64—72.] 

21 6.  Col.  Johnson,  Mr.  Yonge  and  Mr.  Wragg  to  the  Council 
of  Trade  and  Plantations.    Recapitulation  of  history  of  settle- 
ment of  Carolina  and  attempts  by  the  Spaniards  to  settle  there 
or  disturb  H.M.  subjects.    Signed,  Robt.  Johnson,  Fra.  Yonge, 
Sam.  Wragg.    Endorsed,  Reed.  Read  28th  May,  1728.     2|  pp. 
[C.O.  5,  360.  ff6Q— 670.] 

217.  Mr.  Newman  to  Mr.  Popple.     Being  engaged  every 
Tuesday  in  the  year,  prays  to  be  excused  from  attending  the 
Board  on  that  day.    Signed,  Henry  Newman.    Endorsed,  Reed. 
Read  28th  May,  1728.   1^  pp.   [C.O.  5,  870.  ff.  Ill,  lllv.,  Il2v.] 


[May  29.]  218.  Copy  of  Commission  and  Instructions  for  the  Council 
of  Trade,  who  met  at  Mercer's  Hall,  London,  1660.  12  pp. 
[C.O.  388,  79.  Nos.  22,  23.] 

[May  29.]  219.  Copy  of  the  bill  in  the  Signet  Office,  under  the  sign 
manual  of  Charles  II,  which  passed  the  Great  Seal,  20th  Sept., 
1672,  appointing  a  standing  Council  for  Trade  and  Plantations. 
Endorsed,  Taken  out  of  ye  Signet  Office,  ye  29th  May,  1728. 

PP-  [c-°-  388>  79-  No-  24-] 


106 


COLONIAL   PAPERS. 


1728. 
May  29. 


May  30. 

New  York. 


May  30. 

New  York. 


May  30. 

New  York. 


May  30. 

New  York. 


May  30. 

Whitehall. 


May  30. 

London. 


May  81. 

Whitehall. 


220.  Col.  Johnson  to  Mr.  Popple.     Gives  address  of  Capt. 
John  Bodler  who  can  give  all  information  relating  to  Fort  King 
George,  Car.  etc.      Signed,  Robt.  Johnson.      Endorsed,  Reed., 
Read  29th  May,  1728.  Addressed.  I  p.    [C.O.  5,  360.    ff.  68,  69t;.] 

221.  Governor  Montgomerie   to   the    Duke    of   Newcastle. 
Acknowledges  receipt  of  H.M.  Additional  Instructions  relating  to 
Mr.  King,  Receiver  General  of  the  rights  and  perquisites  of  the 
Admiralty  etc.     Recommends  Mr.  De  Lancey  for  the  Council  v. 
No.  224.     Signed,   J.  Montgomerie.       Endorsed,    R.   July    18. 
Holograph.     2  pp.     [C.O.  5,  1092.     No.67.] 

222.  Same  to  [?  Mr.  Delafaye].  Acknowledges  his  obligations 
to  him,  thanks  him  for  his  civilities,  and  begs  the  continuance  of 
his  favour  etc.     Begs  him  to  put  the  Duke  in  mind  of  his  recom- 
mendation of  Mr.  De  Lancy  etc.  Signed  and  endorsed  as  preceding. 
Holograph.  If  pp.  [C.O.  5,  1092.  No.  68.] 

223.  Same  to  Mr.  Popple.    As  preceding.   Set  out,  N.Y.  Col. 
Docs.  V.  p.  857.     Signed,  J.  Montgomerie.     Endorsed,  Reed. 
18th  July,  Read  13th  Nov.,  1728.    Holograph.    2  pp.    [C.O.  5, 
1054.   ff.  294,  2940.,  295u.] 

224.  Same  to  Council  of  Trade  and  Plantations.    Has  not  yet 
been  able  to  get  the  Acts  of  New  Jersey  engrossed.  Recommends 
Mr.  James  De  Lancey  for  the  Council  in  room  of  Mr.  Barberie 
deed.     His  father,  an  eminent  merchant,  is  a  Member  of  the 
Assembly,   and  one  of  the  richest  men  in  the   Province  etc. 
Intends  to  meet  the  Assembly  on  22d  July.    Set  out,  N.Y.  Col. 
Docs.   V.   pp.    856,    857.     Signed  and  endorsed  as  preceding. 
Holograph.    3  pp.    [C.O.  5,  1054.    ff.  292—2930.] 

225.  Mr.  Popple  to  Capt.  John  Bodler.  Asks  for  information 
as  to  the  Fort  King  George  in  S.  Carolina,  "  particularly  upon 
what  river  it  is  erected."    [C.O.  5,  400.  /.  239.] 

226.  Mr.  Lowther  to  Mr.  Popple.    Sends  a  Map  of  Hudson's 
and  Delaware  Rivers  and  the  adjacent  country  made  by  William 
Bond,  to  be  presented  to  the  Board.     Signed,  Rob.  Lowther. 
Endorsed,  Reed.  30th  May,  Read  5th  June,  1728.     Holograph. 
1  p.     [C.O.  5,  1054.    ff.  275,  2760.] 

227.  Council  of  Trade  and  Plantations  to  the  Duke  of  New- 
castle. Enclose  following  to  be  laid  before  the  King.  Annexed, 

227.  i.  Council  of  Trade  and  Plantations  to  the  King. 
Representation  upon  Governor  Philipps'  petition  and 
state  of  Nova  Scotia  (v.  May  22nd).  We  have  always 
been  of  opinion,  it  was  highly  necessary  to  your 
Majesty's  service,  and  for  the  interest  of  Great  Britain, 


AMERICA   AND    WEST   INDIES. 


107 


1728. 


that  proper  measures  should  be  taken  for  the  peopling 
and  settling  Nova  Scotia  which  has  been  the  subject 
of  many  reports  from  this  Board  etc.  Enclose  copy  of 
representation  of  7th  June,  wherein  they  have  already 
given  their  opinion  "  concerning  the  several  particulars 
contain'd  in  Col.  Philipps'  State  of  Nova  Scotia,  ex- 
cepting only  what  relates  to  contingent  mony,  and  the 
encrease  of  the  number  of  men  upon  the  establishment 
of  his  Regiment,  to  which  we  have  no  objection, 
especially  till  such  time  as  the  Province  shall  be  in  a 
condition  to  raise  mony  for  their  own  defence,  and  for 
the  services  of  the  Civil  Government  there.  And  as 
we  are  now  preparing  the  draught  of  a  Commission  and 
Instructions  for  Col.  Philipps,  we  humbly  crave  leave 
to  know  your  Majesty's  pleasure  concerning  the  several 
particulars  in  the  annex'd  Representation,  that  in  case 
the  same  should  be  necessary,  further  Instructions 
[may  be  inserted]  for  Col.  Philipps,  etc.  [C.O.  218,  2. 
pp.  77—79.] 

May  81.  228.  Duke  of  Newcastle  to  the  Council  of  Trade  and 
a  '  Plantations.  H.M.  having  been  pleased  to  continue  George 
Phenney  Esq.  in  the  employment  of  Governor  of  the  Bahama 
Islands  in  America ;  you  are  to  prepare  draughts  of  a 
Commission  and  Instructions  for  him  etc.  Signed,  Holies 
Newcastle.  Endorsed,  Reed.  3rd,  Read  4th  June,  1728.  1  p. 
[C.O.  23,  2.  ff.  129,  130i;.] 

[June  2.]  229.  Copy  of  undertaking  by  M.  Subercase,  "  Governor  of 
L'Accadie  of  Cape  Breton  Island  and  land  adjacent  from  the 
Cape  Roziers  of  the  Great  River  St.  Lawrence  as  far  as  the 
East  part  of  Kennebeck  River,"  to  procure  passports  for  Major 
Richard  Mullins  and  Charles  Brown  to  proceed  to  England  etc. 
Port  Royal.  23rd  Oct.  N.S.  1710.  Endorsed,  Reed.  2nd,  Read 
6th  June,  1728.  f  p.  [C.O.  217,  5.  ff.  76,  770.] 

June  3.  230.  Mr.  Attorney  and  Mr.  Solicitor  General  to  the  Council 
of  Trade  and  Plantations.  Report  upon  H.M.  Instruction  to 
Governors  relating  to  the  5th  and  6th  Articles  of  the  Treaty  of 
Peace  and  Neutrality  (v.  16th  May).  Continue  : — We  conceive 
that  it  was  the  intent  of  those  articles  to  give  power  to  the  King 
of  Great  Britain  and  the  most  Christian  King  reciprocally  to 
seize  and  confiscate  the  ships  and  cargoes  belonging  to  the 
subjects  of  each  other,  which  should  carry  on  a  trade  contrary 
to  the  said  Articles  ;  and  consequently  that  ships  belonging  to 
the  subjects  of  France  with  their  ladings,  that  shall  be  found 
trading  in  any  of  the  British  Plantations  in  breach  of  those 
Articles,  will  be  liable  to  be  seized  and  condemned,  in  some  of 
H.M.  Courts  within  such  Plantations  for  that  cause  ;  and  that 


108  COLONIAL   PAPERS. 

1728. 

on  the  other  hand  ships  and  their  cargoes  belonging  to  British 
subjects  who  shall  be  found  trading  in  any  of  the  French 
Plantations  in  breach  of  the  said  Articles,  will  in  like  manner 
be  subject  to  seizure  and  confiscation  within  such  French  Planta- 
tion. But  we  apprehend  that  it  was  not  the  intent  of  this  Treaty 
to  provide  that  either  of  the  contracting  powers  should  seize 
and  confiscate  the  ships  or  goods  of  their  own  subjects  for  contra- 
vening the  said  Articles  ;  and  if  such  intention  had  appeared, 
we  are  humbly  of  opinion  that  it  could  not  have  had  it's  effect 
with  respect  to  H.M.  subjects,  unless  the  said  Articles  had  been 
confirmed  either  by  Act  of  Parliament  of  Great  Britain,  or  by 
Acts  of  Assembly  within  the  respective  Plantations.  As  to  the 
abovementioned  Instruction  there  appears  to  us  nothing 
illegal  in  the  terms  of  it ;  But  considering  the  distinction,  arising 
upon  the  said  two  Articles  of  the  Treaty,  which  we  have  already 
stated,  we  submit  it  to  your  Lordships'  consideration  whether 
it  may  not  be  expressed  more  explicitly  and  particularly  in 
order  to  prevent  mistakes  in  carrying  the  same  into  execution 
in  the  severall  cases  that  may  happen.  Signed,  P.  Yorke,  C. 
Talbot.  Endorsed,  Reed.  3rd,  Read  4th  June,  1728.  5|  pp. 
Enclosed, 

230.  i.     Extract  of  5th  and  6th  Articles  of  the  Treaty  of  Peace 

and  Neutrality,  1686.    3|  pp.  [C.O.  323,  8.     Nos.  91, 

91.  i.] 

June  3.  231 .  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
In  reply  to  10th  May,  gives  opinion,  with  reasons,  that  Mr. 
Worsley's  Government  was  not  determined  by  the  demise  of  his 
late  Majesty  and  his  present  Commission  is  a  renewal  of  it  and 
a  continuation  of  the  same  office  and  profits  etc.  Signed,  Fran. 
Fane.  Endorsed,  Reed.  3rd,  Read  4th  June,  1728.  6£  pp.  [C.O. 
28,  19.  ff.  180— 188t>.] 

June  4.  232.  Same  to  Same.  Has  no  objection  to  the  Acts  of  St. 
Kitts  for  regulating  Vestries  etc.  and  ascertaining  the  number  of 
Assemblymen  etc.  (v.  Dec.  26).  Signed,  Fran.  Fane.  Endorsed, 
Reed.  7th  June,  1728,  Read  28th  March,  1729.  1  p.  [C.O.  152, 
17.  //.  27,  28».] 

June  4.  233.  Mr.  Partridge  to  Mr.  Popple.  Understanding  there  is 
like  to  be  made  some  application  at  the  ensuing  Congress  at 
Soisons  for  obtaining  satisfaction  from  Spain  for  the  ships  taken 
by  the  Spaniards  etc.,  I  do  therefore  send  thee  herewith  an  accot. 
of  a  ship  belonging  to  Rhd.  Island  taken  about  4  yrs  since  from 
Capt.  Wanton  whose  attourney  I  am.  We  endeavoured  to  get 
satisfaction  from  the  Court  of  Spain  as  will  appear  by  enclosed 
papers  etc.,  but  we  never  could  recover  anything  at  all  etc.  :  so 
now  I  desire  thou  wouldst  please  to  let  this  ship  and  cargo  amo. 


AMERICA   AND   WEST   INDIES.  109 

1728. 

to  upwards  of  £1800  sterl.  to  be  incerted  among  such  accots.  as 
are  to  be  transmitted  to  the  Congress.  I  am,  Thy  Friend,  Signed, 
Richd.  Partridge.  Endorsed,  Reed.,  Read  6th  June,  1728.  1  p. 
Enclosed, 

233.  i.  Petition  of  Wm.  Wanton  jr.  to  the  King.  Commander 
of  the  Wanton,  describes  capture  of  his  ship  in  her 
voyage  from  Jamaica  to  Rhode  Island,  when  attempting 
to  water  at  Chincherna  Island,  near  Cape  Catoch,  April, 
1724,  after  being  driven  off  her  course  by  a  storm,  and 
not  knowing  where  they  were.  Petitioner  had  not  had 
any  manner  of  commerce  with  the  Spaniards  or  any 
others  from  the  shore,  nor  when  taken  had  they  any 
goods  on  board  of  Spanish  growth  or  product  or  any 
counterband  goods  whatsoever.  The  Spaniards  carried 
them  into  the  Bay  of  Honduras  and  seized  all  their 
papers,  to  prevent  a  true  state  of  the  case  being  laid 
before  H.M.  Then  they  proceeded  to  treat  the  ship's 
company  very  barbarously  and  inhumanly  perticularly 
in  hanging  up  some  of  your  petitioner's  sailors 
by  the  neck  to  make  them  confess  where  they  were 
bound  etc.  Petitioner  and  some  of  his  company 
were  carried  to  Campeachy  and  there  put  into  prison 
with  very  little  cloaths  etc.  Six  others,  who  were  sick, 
were  inhumanly  forced  out  of  the  ship  into  a  boat. 
Petitioner  after  having  layn  in  prison  till  the  latter 
end  of  June  was  carried  to  Vera  Cruz  and  put  into 
prison  there  in  a  place  that  was  almost  knee-deep 
with  water  and  was  there  three  days  without  any 
subsistance  from  the  Spaniards,  and  afterwards  was 
removed  to  a  castle  from  whence  he  was  released 
through  the  intercession  of  Capt.  Wm.  Clealand  of 
the  Royal  Prince  and  the  English  Factory  there  etc. 
Prays  for  redress  on  account  of  himself  and  Col.  Wm. 
Wanton  of  Rhode  Island,  sole  owners  of  the  Wanton. 
233.  ii.  Estimate  of  value  of  Wanton  and  cargo  as  above.  1  p. 
233.  iii.  Duke  of  Newcastle  to  Mr.  Stanhope.  Jan.  14,  17f  £. 
Transmits  Wm.  Wanton's  petition  (No.  1)  and 
concludes  :  H.M.  directs  your  Excellency  to  represent 
to  the  Court  of  Spain  the  particular  hardship  of  this 
case,  and  endeavour  to  obtain  a  full  and  speedy  satis- 
faction for  the  loss  the  owners  have  sustained.  Signed, 
Holies  Newcastle.  Copy.  2  pp. 

233.  iv-vi.  Depositions  of  Wm.  Wanton  jr.  (2),  and  Caleb 
Godfrey  relating  to  foregoing.  Signed,  Wm.  Wanton, 
jr.,  Caleb  Godfrey.  If  pp.,  3pp.  [C.O.  388,  27,  Nos. 
29,  29  i— vi.] 

June  4.          234.     Mr.    Popple    to    Mr.    Scrope.       Encloses  following   as 
Whitehall,     desired.     It  will  be  for  H.M.  service,  that  the  Surveyor  General 


110  COLONIAL   PAPERS. 

1728. 

be  dispatched  as  soon  as  possible,  that  the  settlement  of  Nova 
Scotia  may  be  no  longer  delay'd  etc.  (v.  Cal.  Treasury  Papers, 
1728,  p.  516).  Annexed, 

234.  i.  Draught  of  H.M.  Instructions  to  David  Dunbar, 
Surveyor  General  of  H.M.  Woods  on  the  Continent  of 
America.  Whereas  we  are  sensible  of  the  great  advant- 
age that  would  accrue  to  our  Kingdoms,  were  our 
Royal  Navy  and  the  shipping  of  Great  Britain  con- 
stantly supply'd  with  Naval  Stores  of  all  kinds  from 
Our  Plantations  in  America,  We  have  thought  fit  to 
appoint  you  to  be  Surveyor  of  Our  Woods  on  that 
Continent ;  You  are  therefore  with  all  convenient 
speed  to  repair  to  America,  and  to  signify  and  exhibit 
to  the  several  Governors  of  Our  Plantations  there, 
Our  Commission  etc.  as  also  such  parts  of  Our  Instruc- 
tions in  that  behalf,  as  may  be  requisite  from  time  to 
time.  And  whereas  we  are  inform'd  that  the  Province  of 
Nova  Scotia  abounds  with  timber  of  all  kinds  fit  for  the 
service  of  Our  Royal  Navy  ;  And  whereas  Our  Governor 
of  that  Province  is  forbid  to  grant  any  lands  there 
to  any  person  whatsoever  until  there  shall  be  set  apart 
a  sufficient  quantity  of  land  bearing  timber  as  a 
nursery  of  trees  for  the  use  of  Our  Royal  Navy,  you 
are  therefore  in  the  first  place  to  proceed  to  that  Prov- 
ince, and  in  those  parts  where  you  shall  find  it  most 
for  Our  service,  to  take  a  survey  of  Our  woods,  and  to 
mark  out  certain  tracts  of  land  most  proper  to  be 
reserv'd  for  the  service  of  Our  Royal  Navy  ;  always 
observing  that  they  lye  as  contiguous  as  may  be  to  the 
sea  coast  or  navigable  rivers,  not  amounting  to  less  than 
200,000  acres  in  the  whole,  in  which  lands  no  persons 
whatsoever  are  to  cut  trees  of  any  dimensions,  under 
pain  of  Our  highest  displeasure,  and  of  the  utmost 
penalties  the  laws  can  inflict  for  such  offence  etc.  You 
are  to  make  application  to  the  Governors  (of  the 
Provinces  concerned)  that  the  Acts  for  the  preservation 
of  white  avd  other  pine  trees,  and  for  giving  further 
encouragement  to  the  importation  of  Naval  Stores  be 
publish'd  in  their  respective  Governments,  and  you 
are  to  take  especial  care,  that  the  said  Acts  or  such  parts 
of  them  as  are  in  force  be  duly  observ'd,  particularly 
you  are  to  mark  all  such  trees  fit  for  the  use  of  Our 
Royal  Navy  (not  being  the  property  of  any  private 
person)  and  to  restrain  as  much  as  possible  the  liberty 
taken,  of  cutting  down  trees  fit  for  Our  service,  accord- 
ing to  the  directions  of  the  said  Acts.  And  whereas  a 
doubt  has  arisen  upon  the  words  of  the  latter  Act, 
whether  trees  of  24  in.  diameter  at  12  in.  from  the 
ground,  growing  within  any  township  or  the  boundaries 


AMERICA   AND   WEST   INDIES.  Ill 

1728. 

thereof,  be  restricted  to  H.M.,  or  whether  the  people 
there  have  not  a  power  to  cut  them  for  their  own 
private  use,  altho'  by  the  Charter  granted  to  the 
Colony  of  the  Massachusets  Bay,  such  trees  are  reserv'd 
to  the  Crown  ;  you  are  to  understand  that  nothing 
contain'd  in  that  Act  can  be  construed  to  take  away 
the  right  reserv'd  to  the  Crown  by  the  said  Charter, 
as  to  trees  of  24  inches  diameter  at  12  inches  from 
the  ground,  whether  the  same  are  growing  within  or 
out  of  any  township  ;  The  intention  of  the  Act  being  to 
make  a  larger  provision  for  preservation  of  white  pine 
trees  than  was  done  by  the  Charter,  by  prohibiting 
under  penalties,  the  cutting  down  such  trees  growing 
without  the  limits  described  in  the  Act  without  H.M. 
licence,  notwithstanding  they  might  be  the  property 
of  private  persons,  and  of  dimensions  different  from 
those  describ'd  in  the  Charter  ;  you  are  therefore  not 
to  suffer  any  such  trees  to  be  cut  altho'  they  do  grow 
within  the  bounds  of  any  township,  without  your 
licence  for  that  purpose  ;  and  if  you  discover  any 
offending  therein,  you  shall  prosecute  them  according 
to  law.  And  whereas  We  are  desirous  that  these  Our 
Dominions  be  furnish'd  with  pitch,  tar,  hemp  and  other 
Naval  Stores  from  Our  Plantations  rather  than  from 
foreign  parts  ;  you  are,  upon  your  arrival  in  America, 
to  use  your  best  skill  and  care  in  instructing  the 
inhabitants  of  Our  Colonies  in  the  right  and  proper 
method  of  producing,  making  and  fabricating  of  tar 
and  pitch,  and  to  direct  them  as  well  in  the  choice  of 
tree,  as  land  proper  for  the  producing  these  commod- 
ities, as  likewise  for  producing  hemp,  and  such  other 
Naval  Stores  as  are  imported  from  the  East  Countries, 
and  other  foreign  parts.  You  are  to  endeavour  by 
your  advice  and  instructions  to  correct  any  errors  the 
inhabitants  may  run  into,  in  the  manufacturing  the 
said  commodities.  You  are  to  advise  the  inhabi- 
tants that  they  take  care  that  all  such  pitch  and  tar 
as  shall  be  shipp'd  from  thence,  be  good  and  merchant- 
able, free  from  dirt  and  dross  ;  and  that  the  respect- 
ive makers  of  those  commodities  do  put  their  names 
and  place  where  such  commodities  were  made,  upon 
each  cask  in  which  the  said  pitch  and  tar  shall  be  put. 
You  are  to  make  application  to  Our  Governors  in  those 
parts,  that  they  endeavour  to  get  such  Acts  pass'd  in 
their  respective  Governments,  as  may  be  proper  for 
encouraging  the  said  undertaking,  and  for  preventing 
abuses  that  may  be  committed  therein.  You  are  to 
keep  a  particular  account  of  all  your  proceedings  here- 
in, and  what  progress  you  make  from  time  to  time, 


112  COLONIAL   PAPERS. 

1728. 

as  also  what  particular  obstructions  you  shall  meet 
with,  if  any,  and  give  an  account  thereof  to  Us,  by  one 
of  Our  principal  Secretaries  of  State,  and  to  Our 
Commissrs.  for  Trade  and  Plantations,  as  also  to 
Our  Governors  of  the  respective  Plantations  where 
you  shall  be,  together  with  your  opinion  what  further 
orders  or  instructions  may  be  requisite  for  ye  perfecting 
this  so  necessary  and  advantagious  undertaking. 
[C.O.  324,  II.  pp.  103—111.] 

June  5.          235.     Mr.  Popple  to  Mr.  Fane.     Encloses  for  his  opinion  in 
Whitehall.    jn  point  of  law  Act  of  Antigua,  1728,  for  encreasing  the  salary  of 

the  present  Agent,  and  for  appointing  how  long  he  shall  continue 

in  his  Office.   [C.O.  153,  14.  p.  403.] 

June  5.  236.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Report  upon  Act  of  New  York  for  preventing  prosecutions  by 
informations.  The  Act  recites  that  many  of  H.M.  subjects  have 
been  lately  prosecuted  in  the  counties  and  Supreame  Court 
upon  information  filed  against  them  by  the  Attorney  Generall 
and  his  Deputies,  tho'  the  matters  charged  against  them  have 
been  generaly  trivial  and  inconsiderable,  therefore  it  is  enacted 
that  all  informations  filed  by  H.M.  Attorney  Generall  now 
depending  shall  be  quashed  etc.  and  all  such  process  and 
proceedings  are  to  cease  after  the  publication  of  this  Act  etc. 
And  it  is  enacted  that  thereafter  no  person  shall  be  troubled 
in  his  liberty  or  estate  by  the  King's  Attorney  General  upon  pre- 
tence of  any  misdemeanour  committed  otherwise  then  by 
presentment  of  a  Grand  Jury  or  by  information  by  an  order 
from  the  Governor  signed  in  Councill  etc.,  and  the  party  so 
presented  shall  be  brought  to  trial  the  second  Court  after  such 
information  filed  or  be  discharged  the  Court  without  paying 
of  any  fees  etc.,  etc.  It  is  further  enacted  that  if  the  Attorney 
Generall  shall  prosecute  any  person  contrary  to  the  true  intent 
and  meaning  of  this  Act  etc.  he  shall  forfeit  £100  currant  money  . 
etc.  I  think  this  Act  a  very  violent  and  extraordinary  attaque 
upon  the  prerogative  of  the  Crown,  for  the  right  the  Attorney 
Generall  has  to  file  informations  is  delegated  to  him  from  the 
King  and  has  been  ever  thought  a  most  essential  and  necessary 
power  with  regard  to  the  security  of  the  publick  tranquility, 
as  well  as  for  the  service  and  protection  of  H.M.  revenue,  and  I 
apprehend  the  destroying  that  power  thus,  will  be  attended  by 
very  ill  consequences  ;  for  if  no  delinquent  is  to  be  prosecuted 
without  going  through  so  solemn  an  enquiry  whether  it  be 
expedient  or  not,  I  believe  it  will  be  an  encouragement  to  wicked 
men  to  perpetrate  the  worst  of  villanies  in  hopes  by  justice  being 
delayed  which  it  must  necessarily  be  in  this  form  of  proceeding 
they  may  escape  that  punishment  they  justly  deserve,  and  which 
in  policy  ought  to  be  as  speedy  as  possible  etc.  Calls  attention 


AMERICA  AND   WEST  INDIES. 


113 


1728. 


to  the  quashing  of  all  prosecutions  now  depending,  which  must 
be  attended  with  many  inconveniencies.  Continues :  The 
imposing  a  fine  upon  the  Attorney  General  if  he  does  not  pursue 
the  directions  of  this  Act  is  an  unprecedented  step  and  a  high 
reflection  upon  the  honour  of  the  Crown  ;  for  can  it  be  supposed 
H.M.  will  appoint  an  Attorney  Generall  who  is  so  unwilling  to 
do  his  duty  that  he  must  by  the  fear  and  dread  of  punishment 
be  forced  to  put  the  law  in  execution  etc.  Signed,  Fran.  Fane. 
Endorsed,  Reed.  7th,  Read  27th  June,  1728.  5|  pp.  [C.O.  5, 
1054.  ff.  279— 2810.,  282z;.] 


June  5. 


June  6. 

Whitehall. 


June  7. 

Jamaica. 


237.  Same  to  Same.     Has  no  objection  to  8  Acts  of  New 
York  referred  to  him  1st  May  etc.  Signed,  Fran.  Fane.  Endorsed, 
Reed.  7th  June,  1728,  Read  18th  Nov.,  1729.     1|  pp.     [C.O.  5, 
1055.    ff.  42,  42v.,  48i>.] 

238.  Order   of  Committee  of  Privy  Council.    Upon   consid- 
eration of  a  report  layd  this  day  before  their  Lordships,  made 
by  Mr.  Attorney  and  Mr  Sollicitor  General   to   the    Lords  of 
Trade,  (v.  3rd  June)  relating  to  an  article  in  the  General  Instruc- 
tions to  the  Governors  of  H.M.  Plantations  in  America,  directing 
them  to  notify  to  H.M.  subjects  under  their  Government,  the 
purport  of  the  5th  and  6th  Articles  of  the  Treaty  of  Peace  elc. 
1686,  and  directing  the  said  Governors  to  take  particular  care 
that  the  same  be  punctually  observed  and  put  in  execution, 
and  their  Lordships  observing,  that  the  Governors  have  so  far 
mistaken  the  sense  of  the  said  Articles  and  their  Instructions 
grounded  thereon,  as  to  proceed  to  the  condemnation  of  ships 
and  cargoes  belonging  to  H.M.  subjects  under  pretence  of  their 
having  contravened  the  said  Articles  by  trading  to  the  French 
Plantations,  which  was  not  the  sense  of  those  Articles,  which 
could  only  entitle  H.M.  Governors  to  condemn  French  ships 
trading  to  our  Plantations,  there  being  no  law  to  justify  the 
condemnation  of  ships  belonging  to  H.M.  subjects  for  such  trade, 
Their  Lordships  are  therefore  pleased  to  order  that  the  Lords 
Commissioners  for  Trade  and  Plantations  do  consider  of  a  proper 
Instruction  to  be  prepared  for  H.M  approbation  whereby  those 
articles  may  be  explained,  so  as  to  prevent  the  like  mistakes  for 
the  future,  and  that  they  likewise  consider  what  laws  it  may  be 
reasonable  to  pass  in  the  severall  Plantations,  for  restraining 
H.M.  subjects  from  importing  into  British  Plantations  such  pro- 
ducts of  the  French  Plantations,   as  may  interfere  with  the 
British  trade,  and  lay  the  same  before  their  Committee.   Signed, 
Temple  Stanyan.    Endorsed,  Reed,  llth,  Read  13th  June,  1728. 
2pp.  [C.O.  323,  8.  No.  92.] 

239.  Governor  Hunter  to  the  Duke  of  Newcastle.  Duplicate 
of  May  17,  with  postscript  :   The  Solebay  from  Gibraltar  arrived 

C.P.  xxxvi— a 


114  COLONIAL   PAPERS. 

1728. 

here  the  beginning  of  this  moneth  with  despatches  for  the 
Spanish  Viceroys.  Signed,  Ro.  Hunter.  Endorsed,  Rd.  Augt. 
4th.  2f  pp.  Enclosed, 

239.  i.     Duplicate  of  No.  196.      [C.O.  137,  53.  ff.  62— 63t;., 
66—69i;.] 

June  7.          240.     Same  to  Mr.  Stanyan.     Duplicate  of  May  17th,  with 

Jamaica,      postscript  relating  to  Miller  (v.  May  21st).    Signed,  Ro.  Hunter. 

Endorsed,  R.  Augt.  7th.   2  pp.     [C.O.  137,  53.    ff.  64,  640.,  Q5v.] 

[?June8.]  241.  Lt.  Governor  Gooch  to  the  Council  of  Trade  and 
Plantations.  The  General  Assembly  not  concluding  their  session 
till  the  30th  of  March,  and  the  General  Court  immediately 
following,  it  is  not  possible  for  me  to  get  the  transcripts  of  the 
journals  and  laws  of  that  Session  in  a  readiness  to  be  sent  to 
your  Lordships  any  sooner  ;  however,  I  hope  the  conveniency 
of  sending  them  by  John  Randolph  Esqr.,  the  Clerk  of  the 
House  of  Burgesses,  who,  going  to  England  for  the  recovery  of 
his  health,  will  be  ready  to  satisfie  your  Lordships  in  any  point 
wherein  you  may  desire  to  be  further  informed,  will  in  some 
measure  excuse  this  unavoidable  delay.  I  am  now  to  make  some 
observations  on  the  laws  herewith  sent,  and  shal  begin  with  those 
which  are  not  to  take  place  untill  they  receive  H.M.  approbation. 
And  the  first  is  an  Act  for  laying  a  duty  on  slaves  imported  and 
appointing  a  Treasurer.  By  it  a  duty  of  40s.  an  head  is  laid 
on  all  slaves  imported  into  this  Colony  for  sale  to  be  paid 
by  the  importer,  with  the  usual  clause  for  the  regular 
collecting  and  paying  that  duty ;  and  for  drawing  back  the  whole 
upon  re-exportation  within  three  moneths.  This  duty  is  to  com- 
mence upon  H.M.  assent  to  the  act  being  publickly  notified  in 
this  Dominion,  and  thence  to  continue  for  three  years  and  no 
longer,  the  money  arising  from  it  is  to  be  accounted  for  by  a 
Treasurer,  and  disposed  of  to  such  publick  uses  as  the  Governour 
Council  and  Burgesses  shall  agree  upon,  etc.  Though  the 
particular  services  for  which  this  money  is  intended  are  not 
express'd  in  the  act,  yet  there  is  a  constant  charge  wch.  annually 
arises  for  the  prosecution  of  criminals,  for  recompensing  the 
owners  of  slaves  condemn'd  for  capital  offences,  for  discharging 
the  sallarys  of  many  publick  officers,  and  for  keeping  the  Capitol 
and  other  publick  buildings  in  repair ;  which  cannot  be  supported 
without  such  a  duty  etc.  ;  nor  can  anything  of  importance  be 
undertaken  for  the  benefit  of  the  publick  without  such  a  reserv'd 
fund,  seeing  a  poll-tax  in  tobacco  has  been  found  grievous  to  the 
people,  and  through  the  incertainty  of  its  value  of  very  little 
encouragement  to  people  to  engage  in  the  public  service.  But 
besides,  'tis  the  common  topick  among  the  people  that  while 
the  like  or  a  greater  duty  on  negroes  subsists  and  has  continued 
for  a  long  time  in  Maryland  a  Proprietary  Government,  it  is  hard 
that  they  who  are  under  H,M.  immediate  Government  should 


AMERICA   AND   WEST   INDIES.  115 

1728. 

be  restrained  from  the  same  means  of  securing  and  improving 
their  country ;  and  from  these  considerations  moved  the 
Assembly  to  attempt  the  re-enacting  a  law  which  had  been 
formerly  disapprov'd,  in  hopes  that  its  conformity  now  to  the 
King's  instructions,  and  the  necessity  of  a  fund  for  the  publick 
service,  will  induce  H.M.  to  give  it  his  royal  sanction,  for  the 
short  time  it  is  to  continue.  The  only  objection  I  think  that  can 
be  brought  against  this  law  is,  the  private  interest  of  the 
importer  :  but  when  it  is  considered  that  the  price  of  negroes 
will  always  be  advanced  in  proportion  to  the  duty,  they  can't  be 
sufferers  by  it.  and  the  money  will  be  taken  out  of  their  pockets, 
who  are  the  advocates  for  it.  If  therefore  your  Lordships  have  no 
other  exception,  I  hope  the  united  desires  of  all  the  people  of 
this  Colony  will  obtain  your  Lordships  favourable  representation 
of  it  to  his  Majesty.  The  next  is  entd.  an  Act  for  erecting  a  light- 
house on  Cape  Henry  :  By  this  act  there's  a  thousand  pounds 
appropriated  for  building  a  substantial  lighthouse  of  brick  or 
stone,  and  for  purchasing  grounds  sufficient  for  that  and  the 
keeper  of  it ;  and  for  reimbursing  that  and  defraying  the 
expence  of  keeping  a  constant  light  there  for  the  conveniency 
of  shipping  it  is  proposed  that  a  duty  one  penny  pr.  tun  according 
to  their  measure  be  paid  by  all  ships  and  vessels  passing  through 
the  Capes  of  Virginia.  But  this  act  is  not  to  be  in  force  untill 
approved  by  H.M.,  nor  unless  the  Province  of  Maryland  pass  an 
act  for  raising  and  collecting  the  same  light  money  on  the  ships 
and  vessels  trading  thither.  I  need  add  little  to  what  is  contained 
in  the  preamble  of  this  bill  to  shew  the  usefulness  and  expedi- 
ency of  this  undertaking  ;  for  surely  there  is  no  place  of  trade 
where  a  lighthouse  is  more  necessary  :  a  flat  coast  for  many 
leagues  on  each  side  of  the  Capes,  and  scarce  discernible  in  the 
clearest  weather  above  five  leagues  off  at  sea,  surely  requires 
some  noted  landmark  to  guide  the  doubting  mariner :  the 
sudden  changes  of  the  wind  at  those  seasons  of  the  year  when 
the  ships  most  frequent  this  coast,  makes  it  neceessary  that 
no  time  be  lost  for  their  getting  in,  since  whenever  the  Northwest 
wind  begins  to  blow  it  is  with  great  violence  and  holds  generally 
for  many  days,  so  that  ships  coming  to  soundings  in  the  night 
and  having  nothing  to  direct  their  course,  are  frequently  drove 
back  to  sea  in  the  morning  when  by  the  conveniency  of  this 
necessary  and  useful  work  they  might  have  got  within  the  Capes 
in  safety.  And  indeed  considering  the  number  and  value  of  the 
ships  imploy'd  in  the  trade  of  Virginia  and  Maryland  it  seems 
strange  that  such  a  design  hath  been  so  long  delay 'd  :  for  since 
I  first  propos'd  it,  I  have  not  heard  of  any  master  of  a  ship 
trading  hither  but  what  owns  the  use  of  it,  and  allows  the  duty 
for  supporting  of  it  very  reasonable.  But  as  it  is  impossible 
to  account  for  popular  humours,  I  am  apprehensive  this  good 
work  may  be  obstructed  by  the  refusal  of  the  Assembly  of  Mary- 
land to  come  into  a  law  for  raising  the  same  duty,  tho'  'tis  certain 


116  COLONIAL   PAPERS. 

1728. 

the  trade  of  that  Province  will  reap  a  greater  benefit  by  it  than 
that  of  Virginia  :  for  as  they  and  we  receive  the  same  advant- 
age with  respect  to  inward  bound  ships,  so  they  of  Maryland  in 
their  outward  bound  voyage  have  by  much  the  greater  want 
and  occasion  for  it ;  for  our  ships  setting  saile  in  the  morning 
from  any  of  our  rivers  with  a  fair  wind  can  get  out  of  the  Capes 
before  night,  whereas  the  Maryland  ships  having  a  much  longer 
run  down  the  Bay  are  frequently  benighted  before  they  can  get 
sight  of  the  Cape,  whereby  it  has  happened  that  divers  ships  of 
value  have  in  the  compass  of  a  few  years  past  been  cast  away  on 
the  shoals  either  of  the  Horse-shoe,  or  middle  ground  which 
extends  a  considerable  way  from  the  Capes  up  the  Bay  of  Chesea- 
peake  and  form  a  narrow  and  difficult  chanell.  I  have  lately  had 
an  oppertunity,  by  a  visit  to  me,  to  discourse  with  the  Governor 
of  Maryland  on  this  subject,  and  find  him  well  inclined  to  forward 
this  project  of  a  lighthouse,  but  cannot  answer  for  the  temper 
of  his  Assembly  which  is  to  meet  next  October  :  and  it  may  per- 
haps afford  them  an  handle  for  cavilling  that  this  act  now  seems 
to  lay  the  duty  on  the  Maryland  shipping  and  exacts  the  obedi- 
ence of  that  Province  in  their  officers  collecting  of  it.  'Tis  true 
the  act  might  have  been  penn'd  in  smoother  terms  with  regard 
to  that  Province,  nor  can  I  excuse  our  Burgesses  for  framing 
of  it  in  that  manner.  But  as  publick  benefits  ought  to  overbal- 
ance as  well  private  interest  as  the  transgression  of  common 
forms,  and  as  the  Assembly  of  Maryland  may  word  their  act  in 
what  strains  they  please  so  that  the  work  be  carried  on  and 
supported  ;  I  hope  your  Lordship's  authority  will  prevail  with 
Lord  Baltimore  to  recommend  it  to  his  Assembly,  and  wth. 
the  Maryland  merchants  to  consent  that  the  same  duty  be  paid 
by  their  ships  as  is  imposed  on  ours  :  and  this  with  his  Majesty's 
approbation  which  I  hope  will  easily  be  obtain'd,  will  encourage 
me  and  the  other  trustees  immediately  to  sett  about  and  finish 
this  necessary  work.  But  if  any  obstruction  should  happen  on  the 
part  of  Maryland,  I  doubt  not  but  your  Lordship's  interest  may 
procure  that  provision  by  an  act  of  Parliament  to  bind  both 
Governments  to  do  that  good  to  themselves  and  the  trade  of 
Great  Brittain  which  their  own  narrow  views  will  not  suffer  them 
to  comply  with.  These  are  the  only  acts  of  a  publick  nature  which 
are  to  wait  H.M.  approbation  before  they  can  take  effect  etc.  The 
third  is  an  act  for  the  better  and  more  effectual  improving  the 
staple  of  tobacco,  and  is  almost  the  same  in  substance  with  that 
pass'd  in  1723  by  Mr.  Dry sd  ale,  except  that  there  are  some 
explanations  added  in  this  which  are  said  to  have  been  intended 
by  the  former  tho'  doubtfully  express'd.  As  that  law  continued 
for  three  years  without  any  exception  taken  to  it  that  I  ever 
heard  of,  and  it  being  found  by  experience  that  it  did  no  ways 
lessen  the  quantity  of  tobacco,  but  amended  its  quality,  I  need 
say  nothing  more  to  recommend  this  to  H.M.'s  approbation, 
unless  that  there  is  in  it  one  clause  not  in  the  former  obliging 


AMERICA   AND   WEST   INDIES.  117 

1728. 

the  planters  to  a  certain  method  in  the  tying  up  their  tobacco 
which  both  render  it  more  merchantable  and  more  effectually 
discover  any  practices  of  packing  therein  trash  or  bad  tobacco. 
The  fourth  is  an  act  for  preventing  excessive  and  deceitful 
gaming  :  being  copyed  almost  verbatim  from  an  Act  of  Parlia- 
ment made  in  the  ninth  year  of  Q.  Anne,  needs  no  further 
recommendation  than  what  the  wisdom  of  the  British  Parliament 
has  already  given  it.  and  as  I  found  the  evill  intended  to  be 
remedyed  by  it  there,  required  equal  redress  here,  in  regard  of 
the  many  loose  and  idle  persons  who  were  got  into  the  same  vile 
way  of  spending  their  time  ;  I  thought  it  not  improper  to  apply 
the  same  salutary  penalties  etc.  The  fifth  an  Act  for  the  better 
support  of  the  clergy  etc.,  and  for  better  collecting  parish  levies. 
By  this  act  many  disputes  and  controversies  between  the 
Ministers  and  their  parishioners  on  the  construction  of  former 
Laws  a,re  removed,  the  sallary  of  the  Clergy  made  more  easy, 
and  valuable,  and  a  good  provision  established  for  building  and 
maintaining  suitable  habitations  for  them.  And  in  fine,  it 
is  such  a  beneficial  act  that  the  Clergy  have  great  reason  to  be 
well  satisfyed  with  it,  and  I  hope  it  will  prove  an  encouragement 
to  good  men  to  come  and  settle  among  us.  The  sixth,  an  Act  for 
preventing  delays  in  the  Courts  of  justice  etc.  By  this  act  many 
inconveniencies  which  were  found  in  the  former  laws,  partic- 
ularly in  relation  to  the  proceedings  in  the  General  Court  are 
removed  ;  for  whereas  a  common  action  of  debt  hitherto  in 
the  General  Court  could  not  be  brought  to  a  determinate 
judgment  in  less  than  eighten  moneths,  and  often  required  a 
longer  time  ;  by  the  new  method  of  practice  established  by  this 
act ;  such  a  suit  must  have  its  determination  the  second  General 
Court,  and  in  many  cases  judgment  will  be  obtained  the  first  : 
and  in  general  all  causes  whatsoever  will  now  receive  a  more 
speedy  decision,  and  with  less  trouble  to  the  Court.  This  new 
method  is  also  more  conformable  to  the  practice  of  the  Court 
of  Westminster  Hall,  and  will  deserve  the  more  applause  on  that 
account.  By  this  also  is  established  a  quick  and  summary  way 
of  determining  final  causes  in  the  County  Courts  and  a  restraint 
laid  on  bringing  appeals  (wch.  is  here  in  place  of  writts  of  error) 
for  trifling  causes.  And  on  all  these  considerations  I  make  no 
doubt  but  it  will  prove  a  beneficial  law,  and  such  as  may  well 
deserve  to  be  made  perpetual ;  but  at  present  it  is  only  to  be 
in  force  for  four  years,  because  the  Assembly  were  willing  to  try 
the  effects  of  it,  before  such  an  alteration  was  established  as 
this  introduces  in  the  method  of  practice.  The  seventh,  an  act 
to  explain  and  amend  the  act  for  declaring  the  negroe  mulatto 
and  Indian  slaves  within  this  Dominion  to  be  real  estate  etc.  The 
act  now  explained  was  made  in  1706  etc.,  and  'tis  said  was  intend- 
ed at  first  to  extend  no  further  than  to  preserve  the  slaves  of 
persons  dying  intestate  from  the  ill  practices  of  administrators 
who  generally  converted  the  slaves  to  their  own  use  rendering 


118  COLONIAL   PAPERS. 

1728. 

only  to  the  heir  the  apprais'd  value  :  but  by  some  other  clauses 
etc.  it  came  to  pass  that  people  thought  themselves  enabled  to 
entail  their  negroes,  and  divers  constructions  have  been  made  of 
that  law  seemingly  contradictory  one  to  another  ;  such  it  seems 
are  the  difficultys  of  making  a  perishable  thing  governable  by 
the  same[s]  rules  of  succession  as  lands  of  inheritance.  To 
obviate  these  inconveniencies  and  to  remove  and  avoid  all 
doubt  and  disputes  is  the  design  of  the  act  now  pass'd  ;  whereby 
slaves  remain  still  a  chattell  in  all  cases  of  sale,  gift  or  devise  : 
and  the  husband  by  the  intermarriage  hath  the  absolute 
property  of  all  slaves  that  did  appertain  to  the  wife.  No  entail 
can  be  made  of  slaves  unless  they  are  annex'd  to  entail'd  lands  ; 
and  even  in  that  case,  they  are  liable  to  the  debts  of  the  tennant 
intail.  And  by  the  latter  part  of  this  act  another  doubt  is  ex- 
plained touching  a  clause  of  the  act  for  distribution  of  intestates 
estates,  whereby  the  widow's  right  to  her  share  of  the  real  and 
personal  estate  of  her  husband  is  more  clearly  settled.  These 
are  the  principal  heads  of  this  act  against  which  great  exception 
is  taken  by  many  persons  here,  who  urge  that  it  is  hard  to  vest 
all  the  slaves  of  the  wife  in  the  husband  who  may  squander  away 
his  estate,  sell  her  slaves,  and  leave  her  a  beggar.  That  the 
subjecting  negroes  settled  with  lands  in  tail  to  the  payment  of  the 
debts  of  the  tenant  in  tail,  to  the  prejudice  of  him  in  remainder, 
is  defeating  the  intent  of  the  first  donor,  and  must  render 
ineffectual  all  such  settlements  as  are  made  for  the  encrease  and 
preservation  of  the  estates  in  their  descendants,  inasmuch  as 
lands  without  slaves  are  of  little  value.  But  it  is  argued  on  the 
other  side  that  the  inconveniency  to  the  woman  is  no  greater 
than  if  her  fortune  consisted  in  money,  where  the  absolute 
property  becomes  the  husbands  and  liable  to  his  disposal  : 
that  the  hardship  is  much  greater  when  a  man  marries  a  woman 
whose  portion  is  only  in  slaves,  if  after  maintaining  her  many 
years  suitable  to  her  rank  and  degree,  and  then  she  dying  without 
issue,  her  whole  estate  shall  be  taken  away  from  her  husband  ; 
and  that  if  slaves  were  to  be  settled  in  tail  in  the  same  manner  as 
lands,  many  creditors  would  be  defrauded,  and  especially  the 
British  merchants,  who  can't  be  inform' d  or  always  made  ac- 
quainted wth.  such  settlements,  but  generally  give  credit 
according  to  the  number  of  slaves  they  know  a  man  is  possess'd 
of.  These,  my  Lords,  are  the  arguments  for  and  against  the  bill, 
which  I  submit  to  your  judgment.  The  eight.  An  act  for 
making  more  effectual  provision  against  invasions  and  insur- 
rections, great  part  of  this  act  is  the  same  as  one  pass'd  in  1706 
and  continued  by  many  subsequent  acts  ;  but  there  being  sundry 
defects  in  those  acts,  and  the  burgesses  inclining  to  continue  it 
further  for  two  [?  years]  only,  did  accordingly  prepare  a  bill  for 
that  purpose  :  when  the  Council  resolving  on  a  more  [?  effect]- 
ual  security  rejected  that  bill  and  fram'd  this  now  pass'd  ; 
wherein  besides  ascertaining  of  the  pay  the  Militia  are  to  be 


AMERICA  AND   WEST  INDIES.  119 

1728. 

paid  by  the  publick  if  they  are  call'd  out  into  service  for  above 
two  days  at  any  one  time,  and  their  patroliiig  to  prevent  in  the 
Holydays  the  consultations  of  negroes  is  declared  a  service  for 
which  they  are  entituled  to  pay,  which  was  not  so  before  ;  guards 
are  also  by  this  act  to  be  appointed  by  the  Governor  for  the 
several  batteries,  and  some  other  necessary  regulations  for 
rendring  the  service  of  the  Militia  more  effectual.  So  that 
upon  the  whole  this  is  a  beneficial  law  and  liable  to  no  exception 
that  I  know  of,  unless  that  of  its  being  temporary,  for  three 
years  only,  which  may  be  enlarged  hereafter.  The  ninth. 
An  Act  for  the  better  securing  the  payment  of  levies  etc.  This  is 
the  same  in  substance  with  an  act  bearing  the  same  title  pass'd 
in  1723,  and  being  only  temporary  was  expired ;  There  are  in 
this  act  two  new  clauses,  one  to  declare  what  shall  be  accounted 
a  legal  settlement  to  oblige  the  parish  to  maintain  their  poor  ; 
and  the  other  to  prevent  a  Very  unjust  practice  of  masters  of 
ships  in  turning  away  sick  and  disabled  seamen,  and  so  leaving 
them  either  to  starve,  or  become  a  parish  charge,  both  of  which 
are  I  hope  without  exception.  The  tenth.  An  act  for  the  better 
regulating  and  ascertaining  the  current  rates  of  silver  coin  in 
this  dominion,  and  for  preventing  the  evil  practice  of  cutting 
foreign  gold  into  pieces.  The  drawing  the  silver  coin  out  of  this 
country,  and  introducing  in  the  stead  thereof  the  gold  coin, 
which  passes  at  a  greater  value  was  so  sensibly  felt  in  the 
commerce  of  the  country,  that  is  it  absolutely  necessary  to  raise 
the  value  of  the  silver  in  a  nearer  proportion  to  that  of  the  gold 
currency,  which  yet  is  much  lower  than  the  rates  establish'd  by 
the  Act  of  Parliament  etc.  The  latter  part  of  this  act  is  intended 
to  prevent  a  very  common  but  pernicious  practice  of  clipping 
the  gold  into  small  pieces  for  the  conveniency  of  making  up  the 
weight  where  payments  are  made  in  gold.  This  was  first  begun 
in  the  Northern  Governments,  where  all  sorts  of  coin  have  been 
thus  clipt  and  defaced,  and  has  of  late  been  the  occasion  of  passing 
abundance  of  counterfeit  mettle  resembling  gold,  which  has 
pass'd  unobserved  through  several  hands,  and  the  first  practicers 
of  this  fraud  escaped  undiscovered.  So  that  it  became  necessary 
to  put  a  stop  to  such  an  evil  wch.  I  hope  this  act  will  effectu- 
ally do.  The  eleventh.  An  act  for  the  better  and  more  effectual 
putting  the  penal  laws  in  execution  is  founded  upon  the  experi- 
ence of  the  small  effect  that  prosecutions  on  penal  laws  have 
hitherto  had  towards  the  reforming  of  abuses  and  punishing 
offenders,  partly  through  the  scruples  of  some  Inferior  Courts 
to  take  cognizance  of  penalties  of  small  value,  but  more  especi- 
ally through  the  want  of  knowledge  in  the  persons  who  practice 
the  law  in  the  County  Courts,  whereby  many  judgments  on 
penal  laws  have  been  arrested  or  reversed  for  defects  in  the 
pleadings.  This  act  therefore  directs  that  penalties  under  205. 
may  be  summarily  recovered  on  the  presentment  of  the  Grand 
Jurys  in  the  County  Courts,  and  that  no  defect  or  omission  in 


120  COLONIAL   PAPERS. 

1728. 

form  shall  stay  or  reverse  judgments  for  any  penalty  under 
five  pounds  or  one  thousand  pounds  of  tobacco.  This  indeed 
I  am  informed  is  not  the  practice  in  England  :  yet  our  circum- 
stances differing  greatly  in  respect  to  the  persons  practicing  the 
law  in  our  County  Courts,  make  it  absolutely  necessary  to  find 
out  a  more  effectual  method  of  bringing  offenders  to  punishment, 
than  by  a  strict  adhering  to  forms,  lose  the  effect  of  those  laws 
which  provide  for  the  public  peace  and  the  preservation  of  order 
in  the  Government,  and  justice  and  morality  in  the  members  of 
the  community.  The  twelfth.  An  act  prohibiting  the  exportation 
of  grain  in  time  of  scarcity.  As  this  country  has  suffered  greatly 
by  the  avarice  of  merchants,  who  for  private  gain  have  exported 
corn  and  wheat,  when  the  necessity  of  the  inhabitants  required 
rather  supplies  from  abroad  etc  ;  and  as  the  prohibitions  of  the 
Governour  and  Council,  for  want  of  a  law  to  inflict  punishment 
on  the  offenders,  were  fruitless  and  contemptible  :  It  was  high 
time  for  ye  Legislature  to  resist  so  great  an  evil,  especially,  when 
the  small  crops  made  the  last  year,  and  the  great  consumption 
for  the  support  of  the  stocks  of  cattle  during  the  course  of  a  long 
and  severe  winter  threatened  the  inhabitants  with  an  uncommon 
scarcity.  Therefore  this  act  gives  power  to  the  Governour, 
with  the  advice  of  the  Council  to  prohibit  by  Proclamation  the 
exportation  of  grain  or  other  victuals  when  need  shal  require  ; 
and  lays  a  penalty  on  the  exporter  of  double  the  value  of  the 
corn  exported  etc.  The  good  effect  of  this  act  hath  been  already 
felt  by  preserving  for  the  supply  of  the  inhabitants  a  great 
quantity  of  corn  bought  up  for  exportation,  and  which  would 
certainly  have  been  carried  out,  notwithstanding  my  Proclama- 
tion, but  for  this  seasonable  precaution.  The  thirteenth.  An  act 
for  establishing  the  fees  of  certain  officers  etc.  Here  the  fees  of  the 
Secretary,  County  Court  Clerks,  Sheriffs,  Coroners  and  Const- 
ables are  anew  regulated  and  ascertain'd  for  the  space  of  three 
years  etc.  Some  new  fees  are  added  and  others  moderated 
according  to  the  nature  of  the  service  ;  the  former  law  being 
expired  etc  ;  and  because  the  new  regulation  in  the  Courts  of 
justice  made  it  necessary  to  adapt  the  fees  to  the  circumstances 
of  the  several  proceedings  and  that  law  being  only  temporary, 
it  was  fit  that  those  fees  should  remain  no  longer  than  the  ser- 
vices to  which  they  are  suited  ;  but  if  upon  experience  the  one 
be  found  useful,  and  therefore  thought  fit  to  be  continued,  the 
other  at  the  same  time  will  receive  its  sanction.  The  fourteenth. 
An  Act  for  erecting  a  town  in  each  of  the  counties  of  Spotsilvania 
and  King  George  is  among  the  number  of  publick  acts,  seeing  it 
is  grounded  upon  the  general  benefit  which  the  trade  of  this 
Colony  will  receive  from  it  ;  For  those  two  counties,  especially 
the  former,  being  greatly  encreased  in  inhabitants  and  extended 
on  both  sides  the  branches  of  Rappahannock  River,  and  being 
obliged  to  bring  their  tobacco  to  the  first  landings  where  that 
river  is  navigable,  which  is  just  below  the  Falls  :  their  industry 


AMERICA  AND   WEST   INDIES.  121 

1728. 

has  been  hitherto  much  discouraged  for  want  of  convenient 
storehouses  to  lodge  their  commodities,  and  much  more  for  being 
deprived  of  the  oppertunity  of  selling  the  same  to  advantage, 
the  land  on  both  sides  that  part  of  the  river  being  held  by  private 
persons,  who  not  only  exacted  exorbitant  prices  for  storage, 
but  endeavoured  to  engross  the  whole  trade  themselves,  since 
no  other  merchant  could  settle  there  without  the  consent  of  the 
owners,  which  was  not  to  be  obtained.  To  remove  these  incon- 
veniencies  it  was  judged  expedient  to  appropriate  50  acres  of 
land  on  each  side  that  river,  and  to  lay  it  out  into  lots,  for  the 
use  of  such  as  shal  be  inclined  to  build  warehouses  or  fix  stores 
of  goods  there  for  the  benefit  of  those  remote  inhabitants.  And 
that  the  owners  of  the  land  might  have  no  reason  to  complain 
care  is  taken  to  give  them  a  very  considerable  recompence  of 
no  less  than  forty  shillings  for  each  acre  ;  which  in  truth  is  some- 
times as  much  as  lands  in  those  parts  commonly  are  sold  for  !  tho 
the  owners  of  those  lands  have  unwillingly  parted  with  their 
property  for  this  use,  and  threaten  to  attempt  the  repealing 
this  Act ;  yet  I  must  declare  their  complaints  are  founded, 
more  on  their  humour  and  passion  than  on  reason.  For  the 
Assembly  had  no  other  means  to  relieve  the  hardships  of  the 
Frontier  people,  and  what  they  have  now  done  is,  with  remark- 
able regard  to  justice  and  to  the  interest  of  ye  proprietors  if 
they  know  when  to  be  contented  ;  since  both  their  present 
recompence  is  very  sufficient,  and  the  future  value  of  their 
adjacent  lands  will  be  considerably  augmented,  if,  as  'tis  hop'd, 
those  design'd  towns  come  once  to  be  peopl'd.  So  that  I  hope 
your  Lordships  will  give  little  attention  to  the  very  unreasonable 
clamours  of  private  persons,  in  a  matter  wherein  the  publick  is 
so  much  benefited,  as,  with  submission,  I  think  it  is  by  this  act. 
The  Fifthtenth.  An  act  for  encouraging  adventurers  in  Iron-works. 
This  Act  exempts  the  servants  and  slaves  employed  in  any  iron- 
work already  sett  up,  or  which  for  the  space  of  21  years  next 
coming  shall  be  sett  up,  in  this  Colony,  from  the  payment  of  all 
publick  County  or  Parish  taxes  for  five  years,  after  the  end  of 
this  Session  of  Assembly,  or  for  five  years  from  the  begining 
of  their  respective  undertakings.  They  are  also  to  have  roads  and 
bridges  made  for  them  by  ye  Countys  in  which  they  are  erected, 
and  to  have  some  other  priviledges  of  less  moment,  that  the 
persons  employ'd  in  those  works,  which  require  constant  attend- 
ance, may  not  be  diverted  from  their  business.  I  doubt  not  your 
Lordships  are  well  satisfied  that  the  making  and  carrying  to 
Great  Brittain  pigs  of  iron  is  of  great  advantage  to  the  trade 
thereof,  as  well  as  to  the  benefit  of  this  country  ;  and  that  such 
encouragement  as  the  Assembly  have  thought  fit  to  allow  by  this 
Act,  will  meet  with  all  fitting  countenance  from  your  Lordships 
Board.  The  Sixthtenth.  The  Act  for  raising  a  publick  levy  being 
what  passes  in  course  every  Session,  for  the  payment  of  the  pub- 
lick  tobacco  debts,  all  that  I  shal  remark  thereon  is,  that  seven 


122  COLONIAL   PAPERS. 

1728. 

and  a  half  pounds  of  tobacco  p.  pole  for  near  two  years  publick 
charge,  is  an  evidence  of  the  usefulness  of  the  duty  lately 
laid  on  liquors,  which  has  thus  lessened  that  Pole  Tax,  so  as  to 
render  it  thus  easy  to  the  people.  Having  thus  gone  through  the 
several  Acts  which  are  of  more  general  concernment,  it  remains 
that  I  make  mention  of  the  few  others  which  are  calculated  for 
remedying  particular  inconveniencies.  Such  are  The  17th. 
An  Act  for  dividing  the  County  Henrico.  The  18th.  And  an  Act 
for  erecting  a  new  county  on  the  heads  of  Essex,  King  and  Queen, 
and  King  William  Counties.  These  two  are  occasioned  by  the 
earnest  desires  of  the  people  in  those  parts  of  the  Colony  who 
having  since  the  formation  of  those  first  Counties  extended  their 
settlements  far  from  the  usual  places  of  holding  their  Courts  of 
Justice  ;  the  Assembly  have  for  their  ease  erected  two  new  coun- 
ties whereby  the  inhabitants  may  with  more  conveniency  attend 
their  Courts,  be  ready  at  the  Musters  of  the  Militia  and  other 
publick  meetings.  The  19th.  An  Act  for  killing  squirrels  and 
crows  in  the  counties  of  Accomack  and  Northampton.  It  seems 
these  two  counties  are  more  than  any  other  in  the  Colony 
infested  with  these  destroyers  of  the  fruits  of  the  earth.  Whether 
their  nearness  to  Maryland,  on  the  eastern  shore,  where  the  like 
law  has  subsisted  many  years,  has  driven  them  to  seek  after  a 
safe  retreat  elsewhere,  or  what  other  cause  it  be,  the  people  have 
laboured  for  some  years  past  to  obtain  such  an  Act  as  is  now 
pass'd,  whereby  every  master  of  a  family  is  obliged  to  kill  or 
cause  to  be  kilPd  six  squirrels  or  six  crows  for  every  tithable 
person  in  his  family,  under  the  penalty  of  three  pounds  of 
tobacco  for  every  one  he  is  deficient  in,  to  be  applied  for  lessening 
the  County  levy.  And  this  to  continue  for  three  years,  by  which 
time  the  people  are  in  hopes  to  free  themselves  from  the  injuries 
they  receive  from  these  enemies  to  their  crops.  The  20th.  An 
Act  for  dissolving  the  present  vestry  of  the  parish  of  Elizabeth 
City  etc.  This  was  obtained  from  the  general  complaints  of  the 
inhabitants  of  that  parish,  of  many  irregular  proceedings  of 
the  said  vestry,  and  upon  an  hearing  of  the  parties  there  being 
found  some  reason  on  the  part  of  the  petitioners,  it  was  thought 
fit  to  allow  them  a  new  choice.  But  whether  the  justice  and 
consideration  of  the  new  vestrymen  will  be  greater  than  that 
of  their  predecessors  must  be  left  to  time.  All  I  shall  say  of  this 
bill  being,  that  it  is  sometimes  necessary  to  yeild  to  popular 
humours,  where  the  publick  receives  no  prejudice  by  it,  rather 
than  to  increase  discontents  for  the  sake  of  private  interest. 
The  21st.  An  Act,  to  prevent  swine  running  at  large  within  the 
the  limits  of  the  town  of  Norfolk  is  of  the  same  nature  with  others 
pass'd  in  former  Assemblies  in  favour  of  particular  townships 
and  therefore  needs  no  comment,  since  the  reasons  for 
restraining  those  kind  of  creatures  are  obvious.  The  22nd. 
There  is  one  private  Act  which  still  remains,  that  pass'd  this 
Session,  and  that  is  an  Act  to  enable  William  Farrer  and  Thomas 


AMERICA   AND   WEST  INDIES.  123 

1728. 

Farrer  to  sell  and  convey  certain  entail' 'd  lands,  and  for  settling 
other  lands  and  negroes  of  greater  value  to  the  same  uses.  As  your 
Lordships  will  be  attended  by  the  person  concerned  for  obtaining 
H.M.  Royal  approbation  ;  I  need  only  to  observe  that  this 
bill  has  pass'd  in  all  the  forms  required  by  H.M.  Instructions 
and  as  no  one  offered  to  oppose  it  here,  I  must  believe  that  all 
parties  are  entirely  satisfied  with  the  exchange  proposed  thereby, 
and  desirous  of  its  receiving  that  sanction  which  is  necessary  to 
secure  their  respective  interest.  I  have  further  to  acquaint  your 
Lordships  that  towards  the  end  of  this  Session,  the  Burgesses 
had  under  consideration  the  great  loss  and  inconvenience  which 
this  Colony  sustains  by  being  deprived  of  the  liberty  of  stemming 
tobacco  ;  and  agreed  upon  an  address  to  H.M.  and  a  Petition  to 
the  House  of  Commons  for  repealing  that  part  of  a  late  Act  of 
Parliament  whereby  the  importation  of  tobacco  stript  from  the 
stalk  is  prohibited  ;  in  both  which  the  Council  concurr'd  with 
them.  The  reasons  suggested  for  altering  the  Law  in  this  partic- 
ular, are  at  large  sett  forth  in  the  said  Address  and  Petition,  and 
in  the  Journal  of  the  Council  in  Assembly  of  the  28th  of  March, 
to  which  I  beg  leave  to  refer,  without  offering  any  opinion  of  my 
own  further,  than  that  having  discoursed  with  many  persons 
concerned  in  the  trade,  I  find  it  generally  agreed  that  abundance 
of  good  tobacco  is  now  thrown  away,  which  would  have  been 
ship'd  home  had  the  planters  been  at  liberty  by  stemming  to 
separate  it  from  that  part  of  the  leaf  which  is  really  bad  ;  and  it 
seems  to  be  also  agreed  that  much  of  this  kind  of  tobacco  thrown 
away  by  the  owner  is  yet  by  their  servants  and  slaves  made  up 
into  bundles  and  sold  at  a  small  price  to  sailors,  who  can  have  no 
other  view  of  profit  thereby  than  the  running  it  without  paying 
the  duty  ;  and  if  this  be  so,  as  I  have  great  reason  to  believe  it  is, 
I  doubt  not,  this  application  of  the  Assembly  will  meet  with  a 
favourable  reception.  I  must  not  omit  informing  your  Lordships 
of  one  thing  which  has  occasioned  a  difference  between  the  Coun- 
cil and  Burgesses  this  last  Session,  and  which,  I  am  apprehensive, 
may  afford  matter  of  discontent  in  future  Assemblies.  The 
Burgesses  past  a  resolve  for  paying  their  own  attendance  in 
Assembly  out  of  the  publick  funds  raised  by  the  duty  on  liquors 
at  the  rate  of  tenn  shillings  for  each  hundred  of  tobacco  allowed 
them  by  law.  This  resolve  being  sent  up  to  the  Council  for  their 
concurrence,  was  rejected  :  whereupon  the  Burgesses  immediate- 
ly prepared  a  bill  to  apply  the  money  in  the  Treasurer's  hands 
towards  the  discharge  of  their  salarys  ;  but  this  proceedings 
was  so  much  dislik'd  by  the  Council  that  the  bill  was  thrown 
out  by  a  greater  majority  than  had  voted  against  the  resolve, 
to  the  great  discontent  of  the  House  of  Burgesses  at  their  second 
disappointment,  and  it  cost  me  no  small  trouble  before  I  could 
bring  them  again  into  temper.  The  Burgesses  insist  that  the 
duty  on  liquors  being  laid  for  lessening  the  levy  by  the  poll, 
the  payment  of  their  salaries  is  one  of  the  uses  for  which  it  was 


124  COLONIAL   PAPERS. 

1728. 

appropriated  ;  since  that  must  otherwise  be  raised  by  a  poll  tax 
on  the  people,  and  that  it  has  been  so  discharged  in  four  successive 
Sessions  :  viz.  two  in  the  time  of  Govr.  Spotswood  and  two  in 
the  time  of  Govr.  Drysdale.  On  the  other  hand  the  Council  urge 
that  the  levies  intended  to  be  lessen'd  by  the  duty  have  ever  been 
understood  to  be  no  other  than  the  publick  levy  chargeable 
equally  on  all  the  people  of  the  Colony  ;  whereas  the  sallaries 
of  the  Burgesses  are  chargeable  only  on  the  inhabitants  of  the 
respective  Counties  by  whom  they  are  chosen  ;  and  that  it 
would  be  an  unequal  distribution  of  the  publick  money  to  allow 
the  same  share  of  it  to  a  county  which  has  a  thousand  tithables 
as  one  that  has  three  thousand  ;  that  when  the  payment  of 
Burgesses  was  first  introduced,  there  was  a  considerable  sum  in 
bank,  but  that  now  there  is  not  so  much  as  will  refund  the  money 
appropriated  for  the  encouragement  of  the  hemp  manufacture, 
which  has  since  been  applied  to  other  public  uses  ;  and  lastly,  that 
the  Act  of  Assembly  having  expressly  appointed  the  Burgesses 
to  be  paid  by  their  Counties,  the  Council  cannot  consent  to  their 
being  paid  in  any  other  manner  whilst  that  Act  subsists.  Thus 
I  have  stated  to  your  Lordships  the  ground  of  this  dispute, 
and  can't  help  saying  that  I'm  much  concerned  it  should  arise 
under  my  administration  ;  being  convinced  that  'tis  not  yet 
ended !  And  am  therefore  very  desirous  to  receive  your  Lord- 
ships commands  in  what  manner  I  am  to  act  if  any  such  resolu- 
tion of  the  Burgesses  should  be  taken  hereafter  ;  since  it  may 
happen  that  by  the  change  of  persons  in  the  Council,  or  by  the 
necessary  absence  of  some  of  those  gentlemen  who  have  now 
opposed  this  way  of  payment,  a  contrary  vote  may  be  carried 
in  both  Houses,  and  then  it  will  rest  solely  upon  me  either  to 
dissolve  the  Assembly  by  my  dissent,  or  by  my  assent  to  lessen 
the  publick  fund  which  may  be  necessary  to  be  employed  for 
more  publick  services.  And  herein  your  Lordships  Instructions 
shall  be  my  guide.  I  have  but  one  thing  more  to  mention 
relating  to  the  proceedings  of  the  Assembly  and  that  concerns 
my  self,  on  the  27th  of  February  the  Burgesses  pass'd  a  vote 
for  presenting  me  with  the  sum  of  five  hundred  pounds  curr., 
and  by  their  address  to  me  at  the  conclusion  of  the  Session, 
have  in  very  obligeing  terms  requested  my  acceptance  of  it ;  but 
as  I  [am  strictly  ty?]ed  up  by  my  Instructions  not  to  accept  any 
present  from  the  Assembly,  I  must  humbly  entr[ea£]  yo[w] 
Lordships  favour  so  to  represent  this  act  of  generosity  of  the 
Assembly,  as  that  I  may  obtain  H.M.  permission  to  accept 
thereof,  which  I  hope  will  not  turn  to  the  prejudice  of  H.M. 
service,  having  fix'd  it  as  my  unalterable  resolution  that  my 
private  interest  shal  never  divert  me  from  the  pursuit  of  my 
duty  ;  and  I  hope  it  may  not  be  impossible  to  promote  the 
interest  of  the  Crown  and  at  the  same  time  preserve  the  goodwill 
of  the  people.  Having  now  done  with  the  transactions  of  the 
Assembly  and  designing  to  treat  of  the  other  affairs  of  the 


AMERICA  AND   WEST  INDIES.  125- 

1728. 

government  in  a  letter  apart,  I  shall  conclude  etc.  Sinned, 
William  Gooch.  Endorsed,  Reed.  30th  July,  Read  Oct.  8th,  1728. 
Torn.  71 pp.  [C.O.  5, 1321.  ff.  39,  40-  43t;.  (ivith  abstract).] 

June  8.  261.  Lt.  Governor  Gooch  to  the  Council  of  Trade  and 
piantations>  since  my  last  of  the  14th  of  February,  I  had  the 
honour  to  receive  your  Lordships  of  the  12th  of  December  ; 
and  take  this  first  oppertunity  to  make  my  humble  acknowledg- 
ments for  the  expressions  of  your  Lordships  favours  to  me.  I  now 
send  by  the  conveyance  of  Mr.  Randolph  the  Council  Journals 
and  other  publick  papers  required  by  my  Instructions,  and  shal 
only  trouble  your  Lordships  with  some  few  notes  thereon. 
Sometime  since  I  informed  your  Lordships  that  pursuant  to 
your  commands  I  had  caused  the  opinion  of  the  Attorney  and 
Sollicitor  General  to  be  regist'red  in  the  proper  offices  :  and  in 
the  Council  Journal  of  the  21st  of  March  your  Lordships  will  be 
pleas'd  to  observe  a  determination  agreable  to  that  opinion  of 
some  disputes  between  the  King's  officers,  and  the  agent  of  the 
Proprietors  of  the  Northern  Neck  in  relation  to  sundry  fines  and 
forfeitures  that  have  heretofore  accrued  in  that  territory, 
and  rules  laid  down  for  the  better  collecting  such  of  them  as 
may  hereafter  become  due  to  H.M.,  which  will  prevent  all 
controversy  for  the  future.  Having  according  to  what  I  advised 
your  Lordships  in  my  last  given  commission  to  Mr.  Byrd,  Mr. 
Fitzwilliams  and  Mr.  Dandridge  three  of  the  Council  to  meet  the 
Commissioners  of  Northern  Carolina  in  order  to  settle  the  bound- 
aries. They  mett  at  Currobuck  Inlet  on  the  5th  of  March,  and 
with  much  labour  and  difficulty  proceeded  about  70  miles  on  the 
line  as  your  Lordsps.  will  find  by  their  Journal  which  is  now 
sent  markt  No.  1 .  But  to  the  great  surprise  of  all  who  had  read 
the  report  of  former  Commissioners,  it  is  now  found  that  instead 
of  gaining  a  large  tract  of  land  from  North  Carolina,  the  line 
comes  rather  nearer  to  Virginia  than  that  which  Carolina  has 
always  allow'd  to  be  our  bounds  :  (I  have  herewith  sent  the  plan). 
This  mistake  has  proceeded  from  a  false  observation  of  the 
Latitude,  and  from  not  adverting  to  the  variation  of  the  compass 
which  is  now  found  to  be  3°  from  the  true  west  point ;  yet  as  it 
is  necessary  to  put  an  end  to  a  controversy,  which,  it  seems  has 
been  for  many  years  attended  with  much  inconveniency  to  both 
Governments,  and  no  small  detriment  to  private  persons,  whose 
debtors  found  a  safe  retreat  within  the  bounds  in  dispute,  where 
the  laws  of  neither  Province  could  reach  them,  so  it  will  be  a 
considerable  augmentation  of  H.M.  Revenue  that  the  boundaries 
in  the  inland  part  of  the  country  and  towards  the  Mountains  be 
fix'd,  the  uncertainty  whereon  has  hitherto  discouraged  the 
people  from  taking  up  H.M.  lands,  and  making  settlements  on 
that  frontier.  To  this  purpose  the  Commissioners  are  again  to 
meet  in  September  to  perfect  that  work  ;  and  though  the  expence 
thereof  is  like  to  prove  considerable,  I  hope  it  will  be  more  than 


126  COLONIAL   PAPERS. 

1728. 

recompenced  in  a  few  years  by  the  increase  of  H.M.  quit-rents, 
and  other  advantages  as  well  to  the  trade  as  to  the  security  of 
this  country.  Upon  the  arrival  of  H.M.  ship  the  Biddiford  about 
the  middle  of  April  and  the  intelligence  the  Captain  mett  with 
at  sea,  that  several  Spanish  privateers  were  fitting  out  in  the 
West  Indies  for  cruising  on  this  coast  (which  report  was  con- 
firmed by  the  masters  of  several  sloops  trading  that  way)  I 
judged  it  necessary  by  an  Order  in  Council  of  the  17th  of  last 
month  to  lay  an  embargo  on  the  merchant  ships  and  to  permit 
none  to  sail  hence  but  under  the  convoy  of  the  man  of  war  the 
Captain  whereof  (who  is  a  very  diligent  officer)  has  undertaken 
from  time  to  time  to  conduct  them  in  safety  off  this  coast, 
whereby  it  is  to  be  hop'd  the  designs  of  the  enemy  will  be  disap- 
pointed, who,  'tis  believed,  will  exert  themselves  with  uncommon 
vigour,  by  how  much  they  perceive  the  nearer  approach  of 
Peace,  which,  I  hope,  is  not  now  far  off.  The  surprizing  number 
of  caterpillars  with  which  this  Colony  was  infested  in  the  spring 
of  the  year,  together  with  the  misfortune  of  a  very  short  crop 
of  corn  the  last  year,  gave  the  people  terrible  apprehensions  of 
the  consequences  (and  for  which  I  appointed  a  fast)  but  God 
has  been  pleased  to  remove  the  one  with  very  small  damage  to 
the  fruits  of  the  earth,  and  the  other,  I  hope,  is  in  a  great  meas- 
ure remedied  by  the  seasonable  prohibition  of  the  export  of 
grain,  which,  with  the  near  approach  of  the  wheat  harvest,  of 
which  there  is  a  prospect  of  a  plentiful  crop,  will  afford  a  suffi- 
cient supply  for  the  necessities  of  the  inhabitants — I  have  only 
this  further  remark  to  make  on  the  Journals  of  the  Council 
that  the  great  number  of  petitioners  for  land  mentioned  in  the 
Minutes  of  the  8th  of  February,  and  the  publick  accounts  which 
go  herewith,  will  be  an  evidence  of  the  increase  of  the  Colony, 
and  the  flourishing  condition  of  the  King's  Revenue,  nor  is  there 
any  reason  to  doubt,  but  that  the  Customs  at  home  will  still  be 
augmented  by  the  export  of  tobacco,  the  product  of  those  new 
settlements.  I  shal  by  the  next  conveyance  send  your  Lordships 
a  list  of  gentlemen  fit  to  serve  at  the  Council  Board  ;  and  lay 
before  your  Lordships  a  state  of  the  Stores  of  War.  And  by  the 
same  opportunity  shall  present  to  the  Board  of  Ordinance  our 
wants  of  that  kind,  which  I  hope  to  obtain  the  more  easily  upon 
the  happy  conclusion  of  that  Peace  now  negociating  ;  for  even 
then  our  coasts,  nay  I  may  say  our  roads  and  harbours  in  all 
likelihood  will  be  infested  with  pirates.  I  informed  your  Lord- 
ships by  a  letter  in  a  Bristol  ship,  I  think  it  was,  that  altho' 
my  orders  were  as  quick  as  possible,  the  masters  of  the  ships, 
taken  in  September  last,  were  in  three  days  with  the  men  they 
had  with  them  all  dispers'd.  and  I  could  get  no  further  knowledge 
of  them  ;  and  this  letter  was  sent  19th  Oct.  and  this  is  the 
substance  of  it.  I  thought  it  best  to  send  all  the  publick  papers 
in  a  box  directed  to  your  Lordships  by  Mr.  Randolph,  with  orders 
to  deliver  them  himself  without  the  charge  of  postage,  which  I 


AMERICA  AND   WEST  INDIES. 


127 


1728. 


June  9. 

Virginia . 


261. 


was  sensible  would  amount  to  a  considerable  sum  :  to  forward 
this  by  post  as  soon  as  he  arrives  in  England,  and  in  this  I  hope 
I  have  not  err'd  etc.  Signed,  William  Gooch.  Endorsed,  Reed. 
30th  July,  Read  8th  Oct.,  1728.  Holograph.  \lpp.  Enclosed, 
261.  i.  List  of  papers  enclosed,  i  p. 

ii.  (a)  Proclamations  by  Lt  Governor  Gooch,  April  17, 
1728,  prohibiting  the  entertainment  of  sailors  belonging 
to  H.M.  ships  of  war  etc.  (b)  Proclamation,  27th 
April,  1728,  prohibiting  the  exportation  of  grain  etc. 
(c)  Proclamation,  27th  April,  1728,  appointing  a  day  of 
fasting.  "  Whereas  it  hath  pleased  Almighty  God  in  a 
very  surprising  and  unusual  manner  to  overspread 
this  Dominion  with  vast  multitudes  of  catterpillars  " 
etc.  Endorsed,  Reed.  30th  July,  1728.  3  pp. 
iii.  Journal  of  Commissioners  for  settling  boundaries 
betwixt  Virginia  and  Carolina.  5th  March—  5th  April, 
1728.  Signed,  W.  Byrd,  R.  Fit/,william,  W.  Dandridge. 
Same  endorsement.  9j  pp. 

iv.  Account  of  H.M.  Revenue  of  Virginia.  25th  Oct. 
1727  —25th  April,  1728.  Totals,  £7736  8  2J,  including 
balance  brought  forward,  £6304  6  ll£.  Disbursements, 
£2431  13  2£.  Carried  forward,  £6304  15.  Signed  and 
sworn  by  John  Grymes,  Recr.  General.  Audited  by, 
Henry  Willis,  Depty.  Auditor.  2  pp. 
v.  Account  of  H.M.  revenue  of  Quit  rents,  25th  April, 
1727—1728.  Totals,  £6176  0  11  f,  including  balance 
brought  forward,  £3277  3  10£.  Expenditure,  £1069 
0  2.  Balance  carried  forward,  £5107  0  Of.  Signed 
as  preceding.  Endorsed  as  No.  ii.  4<pp.  [C.O.  5,  1321. 
ff.  (including  abstract)  44  —  45,  4Qv.  —  50,  5Iv  —  5Qv., 


261. 


261. 


261. 


262.  Lt.  Governor  Gooch  to  the  Duke  of  Newcastle.  I  have 
now  the  honour  to  convey  to  your  Grace  the  journals  and  acts 
of  a  General  Assembly,  which  has  been  lately  held  here,  and 
wherein  there  are  many  things  past,  which  I  hope  may  be  of 
singular  benefit  to  this  Colony,  Your  Grace  will  be  attended  by 
a  Gentleman  of  this  country,  one  Mr.  Randolph  appointed  by  the 
Assembly  to  bring  over  an  Address  to  H.M.  and  a  petition  to 
the  House  of  Commons  for  taking  off  the  prohibition  laid  by 
Act  of  Parliament  on  the  importation  of  stemm'd  tobacco 
which  is  represented  to  be  as  greatly  to  the  prejudice  of  H.M. 
Customs,  as  it  is  injurious  to  the  Planters  here,  a  considerable 
part  of  whose  labour  is  rend'red  useless  by  it.  I  am  perswaded, 
if  nothing  else  stands  in  its  way,  I  need  use  no  arguments  to 
induce  your  Grace  to  favour  this  representation,  where  the 
King's  interest  concurs  wth.  the  benefit  of  his  people.  I  shal 
not  trouble  your  Grace  with  any  observations  on  the  Journals 
of  the  Council  or  other  publick  papers  which  go  with  this 
conveyance  :  but  beg  leave  humbly  to  recommend  the  case  of 


128  COLONIAL   PAPERS. 

1728. 

one  Sarah  Williamson  a  poor  Indian  woman  convicted  here 
for  the  supposed  murder  of  her  own  child,  though  she  was  then 
a  married  woman,  and  not  under  any  temptation  to  conceal 
the  birth  of  it.  There  were  indeed  very  strong  presumptions  but 
no  possitive  proof  of  her  guilt  :  but  her  Christian  behaviour 
during  the  time  of  her  tryal  and  imprisonment,  her  resignation 
under  her  sentence,  her  willingness  to  die,  and  at  the  same  time 
her  constancy  in  denying  the  fact,  with  some  other  circum- 
stances, perswade  me  that  she  was  not  guilty,  and  that  her 
ignorance  betray'd  her  into  the  resolution  of  burying  the  child 
privately,  which  she  constantly  affirms  was  born  dead.  Where- 
fore I  humbly  pray  your  Grace  so  to  represent  this  state  of  her 
case  to  H.M.  for  his  royal  mercy,  that  she  may  be  put  into 
the  next  Newgate  pardon  as  has  been  the  practice  heretofore  in 
cases  of  the  like  nature,  or  that  I  may  have  H.M.  warrant  for 
passing  her  pardon  under  the  seal  of  this  Colony.  I  very  much 
depend  upon  your  Grace's  favour,  that  I  may  be  allowed  to  accept 
of  the  present  made  to  me  by  the  Assembly,  and  which,  by  their 
Address  to  me  at  the  conclusion  of  the  Session,  they  did  in  very 
obliging  terms  request  my  acceptance  of,  'twas  £500  curr.  wch. 
is,  if  anything,  but  little  more  than  £400  ster.  Living  here  my 
Lord  Duke  is  much  more  expensive  than  formerly,  and  not 
many  years  since  £300  would  have  done  as  much  as  £700  will  do 
now.  I  am  above  all  things  intent  upon  the  faithfull  discharge 
of  my  duty  to  my  Royal  Master  etc.  Signed,  William  Gooch. 
Endorsed,  R.  July  30th.  Holograph.  1  p.  Enclosed, 

262.  i.  Address  of  the  Council  and  Burgesses  of  Virginia  to  the 
King.  Your  Majesty's  most  dutiful  and  loial  subjects 
etc.  having  experienced  the  late  Act  of  Parliament, 
whereby  the  importation  of  tobacco  stript  from  the 
stalk  is  prohibited,  are  persuaded,  that  on  the  one  hand 
the  industry  of  the  planter  is  greatly  discouraged,  and 
bad  and  unmerchantable  tobacco  shipped  off  from 
hence  is  increased,  while  a  greater  quantity  of  a  better 
sort  of  tobacco  is  suppressed  ;  and,  on  the  other,  your 
Majesty's  Customs  are  considerably  diminished,  and 
many  frauds  in  the  running  such  tobacco  are  introduced 
and  encouraged.  In  consideration  whereof  we  presume 
in  all  humility  to  apply  to  your  sacred  Majesty  and  at 
the  same  time  to  petition  your  Parliament  for  relief 
etc.  Propose  repeal  of  part  of  said  Act.  Signed,  in  behalf 
of  the  Council,  Robert  Carter  ;  Jn.  Holloway,  Speaker 
of  the  House  of  Burgesses.  Endorsed,  Rd.  Novr.,  1728. 
1  large  p.  [C.O.  5, 1337.  Nos.  42,  43.] 

June  9.          263.     Capt.  Bowdler  to  the  Council  of  Trade  and  Plantations. 

Salop.        Describes  unhealthy  position  of  Fort  King  George  etc.    Signed, 

John  Bowdler.     Endorsed,  Reed,  llth,  Read  13th  June,  1728. 

Addressed,    Postmark,  Shrewsbury.   I  p.    [C.O.  5, 360.  ff.  70,  70i;.] 


AMERICA  AND   WEST  INDIES. 


129 


1728. 

June  12.         264.     Order  of  King  in  Council.    Repealing  Act  of  St.  Christ- 

st.  James's,  ophers  repealing  an  Act  for  settling  £2000  on  Governor  Hart  etc., 

in  accordance  with  the  report  of  the  Council  of  Trade  (v.  A.P.C. 

Ill,  147).    Signed,  Temple  Stanyan.    Endorsed,  Reed.  19th  Oct., 

Read     20th  Nov.,  1728.    2  pp.    [C.O.  152,  16.     ff.  359,  359i;., 


June  12. 

St.  James's. 


June  12. 

St.  James's. 


June  12. 

St.  James's. 


June  12. 

St.  James's. 


June  12. 

St.  James's. 


265.  Order  of    King  in  Council.     Confirming    Act    of  St. 
Christophers,  against  covenous  and  fraudulent  conveyances,  the 
Committee  of  the  Council  to  whom  it  and  the  representation 
upon  it  were  referred  having  heard  Counsel  for  both  parties,  and 
reporting  that  the  main  objection  is  the  loss  of  a  small  casual 
profit  to  the    petitioner   against   it,    and   agreeing   in   opinion 
with  the  Lords  Commissioners  for  Trade,  that  the  same  ought 
not  to  stand  in  competition  with  so  great  and  general  a  good, 
as  in  all  probability  will  result  to  the  inhabitants  and  commerce 
of  St.    Christophers   from   this   Act.     Signed  and  endorsed  as 
preceding.     2|  pp.     [C.O.  152,  16.  ff.  861— 862i>.] 

266.  Order  of  King  in  Council.   Approving  drafts  of  Instruc- 
tions for  Lt.  Governor  Pitt  and  appointing  Councillors  proposed 
etc.    Signed,  Temple  Stanyan.    Endorsed,  Reed.  19th  Oct.,  Read 
20th  Nov.,  1728.    IJrd  pp.    [C.O.  37,  12.  ff.  31,  Sir;.,  34i;.  ;  and 
5,  193.  ff.  601,  601  v.] 

267.  Order  of  King  in  Council.      Approving  draughts  of 
Additional  Instructions  for  the  Governors  of  New  Hampshire, 
the  Massachusets  Bay,  Rhode  Island,  Connecticut,  New  York 
and  New  Jersey,  directing  them  to  be  aiding  and  assisting  to 
H.M.  Surveyor  Generall  of  the  Woods    and    his    deputies  etc. 
Signed  and  endorsed  as  preceding.  1  p.  [C.O.  323,  8.  No.  96  ;  and 
5, 194.  /.  411.] 

268.  Copies   of  above   Instructions   to   Governor  of  New 
Hampshire  and  Governor  and  Company  of  Rhode  I.    [C.O.  5, 
194.  ff.  412,  416.] 

269.  Order  of  King  in  Council.    Referring  following  to  the 
Council   of  Trade   and   Plantations   for  their  report.     Signed, 
Temple    Stanyan.     Endorsed,  Reed.,   Read  14th  June,    1728. 
1  p.   Enclosed, 

269.  i.  Petition  of  Francis  Whitworth  to  the  King.  There  is  no 
salary  attached  to  the  offices  of  Secretary  of  Barbados, 
Secretary  to  the  Governor,  Secretary  to  the  Governor 
and  Council  and  Clerk  of  the  several  Courts,  to  which 
offices  petitioner  was  appointed  in  1718.  He  is  at  very 
great  and  constant  expence  in  providing  an  office  and 
stationary  ware,  and  clerks  to  make  copies  of  Minutes 
and  Acts.  There  is  due  to  him  from  the  Public  for  fees 

C.P.  xxxvi— 9 


130 

1728. 


COLONIAL   PAPERS. 


from  2nd  April  1719  to  1st  March,  1726,  £1333.  12.  6. 
Prays  H.M.  to  recommend  to  the  Government  of  the 
said  Island  payment  thereof.  Signed,  Frans.  Whit- 
worth.  Copy.  l*pp. 

269.  ii.  Account  of  F.  Whit  worth  as  preceding.   Signed,  Frans. 
Whitworth.    Copy.   If  pp.   [C.O.  28,  19.  ff.  184,  185— 


June  12.         270.     Order  of  King  in  Council.     Referring  to  Committee 
St.  James's,   representation    of   10th   Nov.    1726    on   the    Bahama    Islands. 
Signed,  Temple  Stan  van.     Endorsed,    Reed.    19th  Oct.,    Read 
20th  Novr.,  1728.     I  p.     [C.O.  23,  2.  ff.  178,  179i>.] 


June  12. 

St.  James's. 


271 .  Order  of  King  in  Council.  The  representation  of  the 
Board  of  Trade  upon  Col.  Philipps'  memorial  is  referred  to  a 
Committee  of  the  Privy  Council.  Signed,  Temple  Stanyan. 
Endorsed,  Reed.  19th  Oct.,  Read  20th  Nov.,  1728.  1  p.  [C.O.  217, 
5.  //.  93;  94».] 


June  12.        272.     Order  of  King  in  Council.   Referring  to  a  Committee  of 
St.  James's,    the    Privy    Council    the   petition    of   Duke    of   Montagu  for  a 
grant  of  Tobago  etc.  and  the  report  of  the  Council  of  Trade  there- 
on.   Signed  and  endorsed  as  preceding.     1    p.     [C.O.    28,    20. 
ff.  64,  65i>.] 

June  12.         273.     Order   of  King  in   Council.      Approving   draught   of 
St.  James's.    Instructions  for  Governors  for  the  alteration-  in  the  prayers  for 

the  Royal  Family  etc.    Signed  and  endorsed  as  preceding.    1  p. 

[C.O.  323,  8.   No.  94.] 

June  12.  274.  Order  of  King  in  Council.  Approving  new  Seals  for 
St.  James's.  Massachusets  Bay,  New  Hampshire,  New  Jersey  and  the  Bermu- 
da Islands,  and  ordering  warrants  to  be  prepared  for  Governors 
to  use  them  and  return  the  old  ones.  Signed,  Edward  Southwell. 
Endorsed,  Reed,  llth,  Read  16th  July,  1728.  1  p.  [C.O.  5,  870. 
ff.  117,  118».] 

June  12.         275.     Order  of  King  in  Council.     Referring  representation 

St.  James's.    On  petition  of  John  Elliot  to  the  Lords  Commissioners  of  the 

Treasury,  "  to  do  therein  for  the  petitioner  as  to  their  Lordships 

shall  seem  proper."    Signed,  Temple  Stanyan.    Endorsed,  Reed. 

19th  Oct.,  Read  20th  Nov.,  1728.  1  p.  [C.O.  5,  870.  ff.  125, 126r.j 

[June  12.]  276.  Memorial  of  loss  and  damage  (£2611.  18.  9)  sustained 
by  Thomas  Rudge  of  Portsmouth,  owner  of  the  KiUmiston  and 
part  cargo,  and  John  Govan  of  London  and  the  estate  of  John 
Cawood,  deed.,  South  Carolina,  and  Samuel  Hawling,  owners  of 


AMERICA  AND   WEST  INDIES.  131 

1728. 

part  cargo  (deerskins  and  rice),  captured  by  a  Spanish  privateer, 
July,  1727,  in  her  voyage  from  Charles  Town  to  London.  No 
signature  or  endorsement.  1  p.  Enclosed, 

276.  i,  ii.  Accounts  of  above  goods.     Signed,    John    Govan. 

Endorsed,  Reed.  12th  June,  1728.  2  pp. 

276.  iii.  Memorandum  of  vouchers.     \C.O.  388,  27.    Nos.  67, 
67.  i— iii.] 

[June  12.]  277.  Memorandum  of  vouchers,  mislaid,  for  the  losses  of 
the  William  and  Cord  of  New  England.  Slip.  [C.O.  388,  27. 
ATo.  68.] 

[Juue  13.]  278.  Memorial  of  loss  and  damage  (£64.  4.  2)  sustained  by 
Joseph  Judge,  of  ye  Pyde-Bull  without  Temple  Barr,  for  goods 
consigned  by  him  to  John  Osborne  and  Company  merchants 
at  Boston,  on  board  the  Anne  brigantine,  Thomas  Jenkins 
master,  and  captured  17th  May,  1727  by  a  Spanish  ship,  in 
her  voyage  from  London  to  Boston.  No  signature,  date  or 
endorsement.  1  p.  [C.O.  388.  27.  No.  69.] 

[June  13.]  279.  Invoices  of  goods  shipped  on  board  the  Anne  (v. 
preceding}  the  property  of  and  consigned  to  Capt.  Gilbert 
Bant  (£44.  18.  2),  Andrew  Faneuill  (£257.  3.  8),  Thomas  Fitch, 
(£402.  10),  John  and  James  Alford  (£181. 19.  2).  5pp.  [C.O.  388, 
27.  Nos.  70— 74.] 

[June  13.]  280.  Accounts  of  goods  shipped  on  board  the  Anne  (v. 
preceding)  belonging  to  Parkin  and  Stilwell,  Ironmongers,  in 
Foster  Lane  (£160.  10.  10)  ;  and  of  goods  consigned  to  Samuel 
Banister  of  Boston  (£354.  10) ;  Thomas  Clement  of  Boston, 
(£282  16  I-*-)  ;  Joshua  Winslow,  merchant,  Boston  (£154). 
Gpp.  [C.O.  388,  27.  Nos.  75— 78.] 

June  13.  281.  President  Middleton  to  the  Duke  of  Newcastle.  I  am 
^ownf  sorry.  we  are  obliged  soe  often  to  represent  to  the  Government 
So.  Carolina,  the  difficulty  we  labour  under,  from  the  new  scituation  of  St. 
Augustine  to  this  place,  who  without  any  regard  to  peace  or 
warr,  doe  continually  annoy  our  southern  frontiers.  The  host- 
ility s  they  commit  upon  us  may  be  rather  termed  robbery 
murders  and  pyracys,  they  acting  the  part  of  bandittis,  more  then 
soldiers,  theire  cheife  aim  being  to  murder  and  plunder.  Wee 
formerly  complained  of  their  receiveing  and  harbouring  all  our 
runaway  negroes,  but  since  that  they  have  found  out  a  new  way 
of  sending  our  own  slaves  against  us,  to  rob  and  plunder  us  ; 
They  are  continually  fitting  out  partys  of  Indians  from  St. 
Augustine  to  murder  our  white  people,  rob  our  plantations 
and  carry  off  our  slaves,  soe  that  wee  are  not  only  at  a  vast 
expence  in  guarding  our  southern  frontiers,  but  the  inhabitants 
are  continually  allarmed,  and  have  noe  leizure  to  looke  after 


132  COLONIAL   PAPERS. 

1728. 

theire  crops.  The  Indians  they  send  against  us  are  sent  out  in 
small  partys  headed  by  two  three  or  more  Spaniards  and  some- 
times joined  with  negroes,  and  all  the  mischeife  they  doe,  is  on 
a  sudden,  and  by  surprize  :  and  the  moment  they  have  done  it, 
they  retire  againe  to  St.  Augustine,  and  then  fit  out  againe,  so 
that  our  plantations,  being  all  scattering,  before  any  men  can  be 
got  together,  the  robbers  are  fled,  and  nobody  can  tell  how  soon 
it  may  be,  or  where  they  intend  to  make  theire  next  attempt : 
This  trade  they  have  followed  these  twenty  yeares,  and  is  a  very 
greate  discouragement  to  the  settlers  of  our  southern  frontiers 
to  be  always  obliged  to  hold  the  plough  in  one  hand,  and  the 
sword  in  the  other.  I  shall  not  now  repeat  the  representations 
formerly£made  on  this  score,  but  confine  myself  to  what  has 
happened  of  late.  In  August  1726,  the  Governor  of  St.  Augustine 
fitted  out  a  small  party  of  Cussuba  Indians  from  thence,  who 
came  upon  Trenches  Island  (within  ten  miles  of  Port  Royall) 
murdered  and  plundered  one  Richard  Dawson  and  his  wife. 
In  Sept.  ]  726  they  fitted  out  a  small  party  of  Yamasee  Indians, 
abt.  seven  in  number,  who  entring  the  house  of  Mr.  John 
Edwards  on  Combahee  River  (within  six  miles  of  Port  Royall) 
and  haveing  murdered  him,  they  tooke  away  all  his  household 
goods  and  four  negroes  and  carryed  them  to  Augustine,  where 
they  were  seen  by  several  of  our  people,  who  were  afterwards 
carryed  there  prisoners  themselves.  In  June  last,  the  Governour 
of  St.  Augustine,  fitted  out  a  party  of  Indians,  who  comeing  into 
the  settlemts.  on  the  back  of  Port  Royall,  they  first  murderd., 
and  then  plunderd.  one  William  Lavy  and  John  Sparkes,  spareing 
the  lives  of  their  wives,  but  told  them  there  was  a  large  party 
both  of  Indians  and  Spaniards  fitting  out  from  St.  Augustine 
who  had  received  orders  from  the  Governour  to  spare  noebody. 
On  the  23rd  or  24th  of  July  last  one  Capt.  Smalwood  as  he  was 
going  up  to  his  tradeing  house  at  the  forks  at  Alatamaha 
neare  H.M.  Garrison  in  his  perriaugua  with  four  others  namely 
John  Annesley,  Charles  Smith,  Joseph  Abbot  and  John 
Hutchinsori  were  sett  upon  by  34  Indians  that  came  from 
Augustine,  26  whereof  were  Yamasees,  who  have  sheltered  them- 
selves under  that  Castle  for  several  yeares  past,  and  murdered 
and  scalped  all  the  five  persons  abovementioned,  and  then  robb'd 
them  of  all  they  had  on  board,  to  the  value  of  £300  ;  After  this 
they  broke  open  the  store  and  tooke  from  thence  3000  deerskins, 
besides  Indian  tradeing  goods.  At  the  same  time  they  tooke 
three  others  prisoners,  one  John  Gray  and  William  Gray  and  one 
Beans,  and  carryed  them  to  St.  Augustine  where  they  were  all 
imprisoned  by  the  Governour  for  several  months  ;  The  Govern- 
our of  St.  Augustine  received  these  Indians  with  a  great  deale 
of  pleasure  and  satisfaction,  and  paid  them  for  the  scalps  of  those 
they  had  murthered.  Whilst  the  Grays  remained  prisoners  at 
St.  Augustine  the  Governour  fitted  out  about  48  Indians  more, 
headed  by  two  Spaniards.  The  Indians  informed  the  said  Grays 


AMERICA  AND   WEST   INDIES.  133 

1728. 

that  theire  orders  were  to  kill  and  destroy  all  the  white  persons 
they  could  and  take  what  negroes  they  could,  that  the  Governour 
of  Augustine  had  promised  'em  30  peeces  of  eight  pr.  head  for 
every  white  man's  scalp  and  100  for  every  live  negroe  etc.  These 
were  supposed  to  be  the  party  of  Indians  that  soone  after  mur- 
thered  one  Henry  Mushoe  and  He/ekiah  Wood  within  the  body 
of  the  settlement  of  this  Province,  and  carryed  off  ten  slaves  ; 
At  the  same  time  the  Indians  set  upon  Mushoe  and  Wood,  the 
Indians  (out  of  respect  to  Wood)  would  have  saved  his  life, 
but  a  Spaniard  tooke  up  a  billet  of  wood  and  knock'd  out  his 
braines  ;  These  were  pursued  by  a  party  of  15  of  our  men,  under 
Capt.  John  Bull,  who  retooke  all  the  said  negroes  and  plunder, 
killed  six  Indians  and  one  Spaniard  they  found  the  next 
day  and  wounded  many  more  of  the  Indians,  who  dyed 
in  their  returne,  soe  that  but  few  of  them  arrived  at  St. 
Augustine  and  we  lost  one  white  man  in  the  engagement ; 
The  Governour  of  Augustine  seemed  extreemly  troubled 
at  this  repulse  made  by  Capt.  Bull  and  to  prevent  the 
Yamasees  from  being  discouraged,  he  sent  up  to  the  Creeks  to 
joyne  'em  and  made  another  attempt.  On  26th  Sept.  last  the 
Governour  of  Augustine  fitted  out  two  perriauguas  manned  with 
six  of  our  runaway  slaves  and  the  rest  Indians  who  came  upon 
Trench  Island  and  set  upon  the  house  of  one  Alexander  Dawson, 
where  they  killed  and  carryed  away  four  children  and  four  men 
and  women.  The  Indians  would  have  murtherd  them  all,  for  the 
sake  of  the  scalps,  but  this  time  the  negroes  would  not  agree  to 
it,  and  the  Spaniards  themselves  told  Dawson,  when  he,  together 
with  some  of  the  rest,  were  carryed  prisoners  into  St.  Augustine, 
that  the  Governour  had  agreed  with  the  Indians  to  give  them 
30  peices  of  eight  for  each  white  man's  scalp  and  a  hundred 
peices  of  eight  for  each  negroe.  It  seems  the  Governour  of  St. 
Augustine  makes  merchandize  of  our  slaves,  and  ships  them  off 
to  the  Havanah  for  his  own  profit,  as  we  are  told  by  the  Spaniards 
themselves  at  Augustine.  In  January  last  was  twelvemonth, 
they  also  surprized  one  of  the  souldiers  of  H.M.  garrsion  at 
Alatamaha,  and  carryed  him  prisoner  to  St.  Augustine.  About 
15th  July  last  a  Spanish  Capt. with  five  souldiers  came  up  to  our 
Creeks  and  made  presents  to  the  Indians,  and  perswaded  them 
to  tye  all  our  Indian  traders  and  packhorse  men,  and  carry  them 
to  St.  Augustine  but  the  Indians  refused.  About  20th  Oct.  last, 
the  Governour  of  St.  Augustine  fitted  out  a  schooner  mann'd 
with  Spaniards  and  our  own  runaway  slaves  to  steal  other 
slaves,  and  rob  our  plantations  along  the  coast,  who  entring 
North  Edisto  river  surprized  the  plantation  of  one  David 
Ferguson,  plunderd  it,  and  carryed  away  seven  slaves.  When 
this  was  complained  of  to  the  Governour  of  St.  Augustine,  he 
pretended  they  were  pirates  and  had  no  authority  for  it,  when  at 
the  same  time  we  had  several  prisoners  at  Augustine  who  saw  the 
said  schooner  fitted  out  by  the  Governour's  orders.  By  reason 


134  COLONIAL   PAPERS. 

1728. 

of  these  continual  depredations  and  robberys  committed  on  the 
Southern  frontiers,  the  inhabitants  are  continually  allarmed,  and 
the  companyes  forced  to  be  kept  under  arms  almost  perpetu- 
ally, their  plantations  run  to  wreck,  and  the  people  (tired  out 
with  fatigue)  were  all  about  to  desert  the  most  valuable  part  of 
the  country.     At  the  same  time  our  merchantmen  were  daily 
taken  off  our  harbours,  by  vessells  fitted  out  from  the  Havanah  ; 
Upon  these  emergencys  I  called  the  Assembly  together  the  27th 
of  August  last  and  upon  mature  advice  with  my  Council,  wee 
agreed  to  form  a  party  of  100  white  men  and  about  100  Indians 
to  goe  and  cut  off  these  Yamasees  etc.,  and  sent  them  under  the 
command  of  Col.  John  Palmer.     Coll.  Palmer  on  his  march  was 
informed  that  they  had  sheltered  themselves  in  an  Indian  towne 
neare  the  Castle    of    St.   Augustine.      Coll.   Palmer  by  secret 
marches  in  the  night  arrived  undiscovered  on  9th  March.     He 
fell  upon  the  Indians  at  breake  of  day,  and  killed  about  thirty, 
and  tooke  about  fourteen  prisoners  and  wounded  several  more, 
but  offered  noe  injury  to  the  Spaniards,  altho'  it  was  in  theire 
power  to  have  cut  off  theire  whole  towne  (lying  without  theire 
garrison).    For  I  had  given  express  orders  not  to  molest  any  of 
the  Spaniards,  but  we  think  it  an  extreem  hardship  that  the 
Spaniards  should  daily  head  the  Indians  and  our  hands  be  tyed 
up.     I  earnestly  entreat  your  Grace  that  we  may   have    some 
special  Instruction  on  this  behalf.  Our  party  set  fire  to  an  Indian 
towne  and  plunderd  an  Indian  Church,  and  tho'  we  offered  noe 
injury  to  the  Spaniards,  they  fired  all  theire  cannon  on  our  men 
from  theire  Castle  walls  for  three  days  successively.    There  was 
another  expedition  intended  to  be  formed  of  300  men  to  be  sent 
against  the  lower  Creek  Indians,  who  were  too  buisy  in  joyning 
the  Yamasees  in  some  of  these  incursions.   But  the  Creeks  being 
brought  to  reason  by  our  Agent,  that  expedition  fell  to  the 
ground,  which  saved  several  thousand  pounds  expence.    Much 
about  the  same  time  I  was  obliged  to  fit  out  a  sloope  under  the 
command  of  Capt.  Thomas  Mount  joy  mannd  with  90  men  to 
protect  our  coast  from  the  Spaniards  who  tooke  our  vessells 
off  our  harbour  daily.  Indeed  I  could  not  tell  but  that  they  were 
Spanish  pirates  at  first,  for  I  was  not  under  any  apprehensions 
of  a  warr  between  the  two  Crowns  at  that  time.    Inclosed  is  the 
Commission  and  Instructions  I  gave  to  the  Commander.     All 
these  matters  were  carryed  on  by  the  unanimous  consent  of 
H.M.  Council  and  the  Lower  House  of  Assembly  and  agreable  to 
H.M.  95th  Instruction.  But  when  the  moneys  come  to  be  raised, 
the  Assembly  according  to  their  wonted  custom,  would  agree  to 
raise  no  moneys,  but  what  should  come  out  of  the  bills  which 
by  law  and  H.M.  Instructions  were  to  be  burnt  or  sunck,  soe 
that  I  was  under  this  fatall  dilemma  of  letting  the  people  be  des- 
troyed etc.  unless  I  did  consent  etc.   Wherefore  I  hope  your  Grace 
will  hold  me  excused  for  consenting  to  a  thing  sore  against  my 
inclination  and  which  I  could  not  possibly  avoid.  Inclosed  I  send 


AMERICA   AND   WEST   INDIES.  135 

1728. 

your  Grace  an  attested  copy  of  the  resolve  of  the  Lower  House 
wherein  they  declare  that  they  would  do  it  in  noe  other  manner 
whatsoever,  then  out  of  the  fund  for  sincking  these  bills  ;  How- 
ever I  tooke  care  to  continue  the  sincking  fund  by  the  same 
Expedition  Law,  as  soone  as  these  charges  were  defrayed,  and 
which  are  now  at  an  end  ;  Since  the  Spaniards  have  been  soe 
unjust  as  to  misrepresent  theire  affaires  by  theire  expresses  to 
the  Havanah,  that  they  were  beseiged  by  the  English  with  sever- 
al thousand  men,  I  am  apprehensive  they  will  make  some  use 
of  it  at  home  ;  But  I  assure  your  Grace  there  were  noe  more 
then  100  white  men  and  100  Indians,  as  will  appeare  by  the 
muster  rolls,  and  that  we  offerd  no  hostility  to  the  Spaniards, 
tho'  it  was  in  our  power  to  have  done  what  we  pleased,  and  tho' 
at  the  same  time  in  our  sight  they  threw  30  men  into  an  Indian 
fort  to  prevent  our  attacking  it.  Wee  beg  therefore  your  Grace 
will  obtain  peremptory  orders  from  the  Court  of  Spaine  to 
theire  Govr.  at  St.  Augustine  to  cease  these  hostilityes,  and  in 
case  they  continue  'em,  wee  may  have  leave  from  H.M.  to  doe 
ourselves  justice,  for  if  our  hands  be  soe  strictly  tyed  up,  this 
country  will  be  inevitably  lost  to  the  Crown  of  Great  Britain. 
Signed,  Ar.  Middleton.  Endorsed,  R.  Sept.  3rd.  4|  pp.  Enclosed, 
281.  i.  Act  of  S.  Carolina  for  carrying  on  several  Expeditions 
against  our  Indian  and  other  enemies,  1727.  Copy. 
Signed,  Char.  Hart,  Secry.  2?  pp. 

281.  ii.  Journal  and  correspondence  of  Col.  Charlesworth 
Glover,  Major  David  Durham,  Commander  of  Fort 
Moore,  and  others,  relating  to  the  Creek  Indians, 
March,  1728.  Copy.  32%  pp. 

281.  iii.  Resolution  of  the  Assembly  S.  Carolina,  Sept.  2,  1727, 
to  pay  for  the  Expedition  out  of  the  sinking  fund  etc. 
Copy.  \p. 

281.  iv.  President  Middleton's  Commission  and  Instructions 
to  Col.  John  Palmer  to  command  against  the  Yama- 
sees.  (v.  covering  letter.}  Signed,  Ar.  Middleton.  Copy. 
I  p. 

281.  v.  Commission  of  Capt.  Thomas  Mountjoy  for  the 
privateer,  Palmer,  Sept.  5,  1727.  Signed,  Ar. 
Middleton.  Copy,  f  p. 

281.  vi.  Instructions  to  Capt.  Montjoy  for  a  cruise  against 
pirates  etc.  Sept.  9,  1727.  Signed,  Ar.  Middleton. 
Copy.  I  p. 

281.  vii.  President  Middleton  to  the  Governor  of  the  Havana. 
Charlestown.  23rd  March,  1727  (1728).  I  send  you 
these  by  a  flagg  of  truce  to  inform  your  Excellency 
that  in  Aug.  and  Sept.  the  coasts  of  this  Province  were 
mightily  infested  and  our  vessels  taken  away  almost 
from  our  very  harbours  etc.  I  therefore  fitted  out  an 
armed  sloop  against  pirates,  which  came  up  with  the 
Francis  and  Rebecca  of  London  bound  from  Virginia 


136  COLONIAL   PAPERS. 

1728. 

with  tobacco,  but  taken  on  that  coast  by  Don  Antoneo 
Costaneo  Jove,  in  the  sloop  Antoneo  fitted  out  from 
the  Havana  with  your  Excellency's  Commission  etc. 
Returns  the  crew  that  had  been  put  on  board  to  carry 
her  in  to  Havana,  and  requests  him  to  call  the  aggressor 
to  account  etc.  By  private  letters  we  are  assured  that 
the  Treaty  between  the  two  Crowns  is  at  last  signed, 
etc.  Signed,  Ar.  Middleton.  Copy.  l£  pp. 

281.  viii.  Don  Dionisio  Martinez  de  la  Viga,  Governor  of  the 
Havana,  to  President  Middleton.  Havana.  25th 
May,  1728.  Replies  with  compliments  to  preceding. 
Continues  /—The  sailing  from  this  port  of  some  vessels 
with  letters  of  marque  could  not  be  unexpected, 
considering  the  hostilities  committed  on  these  coasts 
by  the  squadron  of  Vice  Admiral  Hosier  ever  since  the 
beginning  of  April  of  the  foregoing  year,  as  well  as 
those  of  a  sloop  fitted  out  from  Jamaica  which  cruized 
off  the  Cape  of  San  Antonio  making  prizes  of  several 
Spanish  vessels  etc.  and  if  this  be  permitted  to  be  done 
by  the  meanest  of  H.M.  subjects  being  in  perfect 
peace,  as  yr.  Honr.  supposes,  (without  entering  into 
other  proceedings  which  has  been  practised  in  these 
seas,)  etc.,  your  Honour  can  have  no  just  cause  to 
disapprove  our  true  motives  of  resentment  of  such 
proceedings  etc.  Explains  that  he  detained  the  vessel 
sent  to  him  till  news  of  the  signing  of  the  Treaty  was 
confirmed,  and  now  sends  her  back  with  all  the 
prisoners  that  are  there,  etc.  Signed,  Don  Dionisio 
Marz.  de  lauizod.  Spanish.  Copy.  I%pp. 

281.  ix.  English  translation  of  preceding.  l%pp. 

281.  x.  Same  to  Same.  Havana.  3rd  June,  1728.  The  sloop 
has  been  detained  twice  owing  to  advices  from  the  fort 
of  Apalache  of  its  being  besieged  by  the  Indians  and 
English  of  your  Government.  Good  motives  and 
reasons  sufficient  to  detain  her  till  that  affair  was 
settled,  etc.  Has  decided  however  to  send  back  the  pris- 
oners etc.  "  promising  myself  that  yr.  Honr.  will  give 
the  necessary  orders  for  the  said  Indians  to  retire, 
supposing  that  motion  did  not  directly  proceed  from 
you  "  etc.  Signed,  Don  Diosio  de  lauizd.  Spanish. 
Copy.  I  p. 

281.  xi.  English  Translation  of  preceding,    f  p. 

281.  xii.  (a)  \?Col.  Parris]  to  Wargent  Nicholson,  Factor  to 
the  Royal  Assiento  Company  in  the  Havana.  Charles 
Town,  March  27,  1728.  Describes  outrages  committed 
on  the  frontier  plantations  by  Yamasee  Indians 
encouraged  by  the  Governor  of  St.  Augustine.  Con- 
tinues : — Then  the  Governor  of  St.  Augustine  sent  our 
Govr.  a  very  impudent  sawcey  letter,  with  a  message 


AMERICA  AND   WEST   INDIES.  13? 

1728. 

by  the  prisoners  to  know  if  he  was  asleep,  that  he 
suffer'd  his  frontier  plantations  to  be  cut  off  etc.  I  was 
in  company  writh  the  Govr.  when  this  message  was 
deliver'd  him,  on  which  he  smiled,  and  gave  orders 
immediately  to  Col.  Palmer  to  raise  100  white  men  and 
100  Indians  etc.  v.  covering  letter.  Continues :—  There 
was  not  a  man  killed  on  our  side,  so  that  we  have  now 
ballanced  accounts  with  them,  and  they  never  will 
come  near  us  more.  Palmer  had  positive  orders  not  to 
meddle  with  or  hurt  one  Spaniard  etc. 

281.  xii.  (b)  W.  Nicholson  to  Col.  Parris.  Havana.  May  14, 
1728.  I  was  glad  to  see  a  narrative  of  your  proceedings 
at  St.  Augustine,  which  was  much  multiplied  here,  etc. 
The  Governor  of  St.  Augustine  is  privately  condemned 
as  the  agressor  by  all  the  impartial  officers  here,  and  the 
Franciscan  Fryers  have  been  a  long  time  expecting 
such  reward  to  the  provocations  which  they  have  some 
of  them  been  eye-witnesses  to  etc.  Signed,  VVargent 
Nicholson. 

281.  xii.  (c)  Col.  Parris  to  \?  President  Middleton].  Charles 
Town,  1st  June,  1728.  Encloses  above  letter  (xii.  a) 
which  has  proved  of  good  effect  etc.  Before  it  arrived, 
the  Governor  of  St.  Augustine  had  advised  the  Gover- 
nor of  Havannah  that  we  had  invaded  him  with  8000 
men,  and  how  manfully  he  had  defended  himself  etc. 
The  Factor  laid  my  letter  before  the  Governor  and 
Council.  The  Governor  made  answer  it  was  a  just 
reward  for  the  provocation  the  Govr.  of  St.  Augustine 
has  given  us  etc.  Signed,  Alexander  Parris.  The  whole 
2pp.  Copies. 

281.  xiii.  Copy  of  95th  Article  of  H.M.  Instructions  to  the 
Governor  of  S.  Carolina,  Sept.  20, 1720.  \p. 

281.  xiv.  Muster-roll  of  officers  and  men  (100)  on  the  Exped- 
ition against  the  Yamasees  under  Col.  John  Palmer. 
1st  May,  1728.  Signed,  William  Peter,  Capt.,  John 
Hunt,  Capt.,  A.  Parris,  Commissary.  Copy.  2  pp. 

281.  xv.  List  of  preceding  papers.  1  p.  [C.O.  5,  387.  Nos. 
81,  81.  i— xv.] 

June  14.  282.  Memorial  of  loss  and  damage  (£1400)  sustained  by 
William  Brooker  of  New  England,  commander  and  part  owner  of 
the  Faro  merchant,  seized  by  the  Spaniards  at  Bilboa. 
Deposition,  signed,  Wm.  Brooker.  Endorsed,  Reed.  15th, 
Read  19th  June,  1728.  1  p.  [C.O.  388,  27.  No.  27.] 

June  18.  283.  Copy  of  Lt.  Governor  Pitt's  Instructions.  [C.O.  5,  193. 
//.  605—702.] 


138 


COLONIAL   PAPERS. 


1728. 
June  18. 

London. 


June  18. 

London. 


284.  Memorial  of  loss  and  damage  (£1500)  sustained  by  the 
capture  of  the  Adventure,  Charles  Devon,  commander,  taken  by 
a  Spanish  man  of  war  in  March,   1727,   in  her  voyage  from 
Salt  Tertudos  to  Piscataqua,  N.E.,  fully  laden  with  salt.  Signed, 
Robt.  Willimott.    Endorsed,  Reed.  Read  20th  June,  1728.    1  p. 
[C.O.  388,  27.  No.  32.] 

285.  Memorial  and  proposal  of  Thomas  Coram  of  London, 
Gent,  for  settling  the  waste  lands  between  the  River  St.  Croix, 
the  boundary  of  Nova  Scotia  and  the  River  Kennebec,   the 
boundary  of  Maine,  N.E.  Cf.  Cal.  C.S.P.  1713,  14  etc.    Describes 
this  tract,  150  miles  in  breadth,  its  history,  and  the  claim  of  the 
Massachusetts  Bay  to  it.    Continues  : — When  their  Charter  was 
restored  under  William  and  Mary,  and  that  grant  was  ready  to 
pass  the  scales  (exclusive  of  the  foresaid  tract  which  was  not  so 
much  as  mentioned  in  their  petition  for  the  restoration  of  their 
priviledges  in  the  said  Charter),   their  Agents  vizt.   Increase 
Mather,  a  teacher  of  one  of  their  Congregations,  Elisha  Cooke  and 
Urian  Oakes,  Phisicians,  and  —  Wiswell  a  plebean,  all  4  cunning 
artfull  men,  grasping  at  vaster  territories,  with  an  eye  to  the 
foresaid  noble  tract  of  country,   untruly  alleidges  by  petition 
that  the  Massachusetts  had  taken  Nova  Scotia  from  the  French 
(whereas  in  truth  it  remained  in  the  hands  of  the  French)  etc., 
and  therefore  prayed  that  Nova  Scotia,  New  Hampshire  etc. 
might  be  annexed  to  the  Massachusetts  Bay  both  as  to  soyle 
and    government,     least     their    settleing     Nova    Scotia    with 
English  families  might  be  retarded ;   By  which  fals  allegation 
and  pretence  they  got  comprized  in    that    grant  Nova  Scotia 
and  all  the  land  between  it  and  the  province  of  Main,  within 
which    limits     is    the    said    tract    of    country,    but    with    a 
reservation  that    they    should   not    grant    any   lands   therein. 
And  thus  they  once  had  a  title  to  the  Government  (but  not 
the  soyle)  of  the  land  in  the  said  tract,  tho'  unfairly  obtain' d 
etc.     Instead  of  settling  Nova  Scotia  with  the  English  families 
as  they  had  pretended,  they  only  rebuilt  the  demolished  fort  at 
Pemaquid  in  1692,  for  a  shew  of  their  government  over  the  said 
tract  of  country,  which  was  all  they  ever  did  therein,  where  they 
never  settled  any  families  to  inhabit ;  they  only  left  a  few  of  their 
own  men,  raw  undisciplined  fellows  to  t>e  as  soldiers  in  the  said 
fort,  in  which  they  remained  in  a  naked  and  starving  condition, 
and  being  under  the  command  of  a  very  ignorant  and  worthless 
person  named  John  Chubb  Governor  of  the  same,  they  in  Sept. 
1696,  unworthily  delivered  up  the  said  fort  and  country   upon 
articles,  without  the  least  resistance  and  surrendered  themselves 
prisoners  to  two  French  letter  of  mart  ships  that  came  there  and 
demanded  it  for  the  French  King,  demolished  the  fort,  and 
according  to  the  said  Articles,  they  carryed  off  from  thence  those 
few  New  Englanders  who  were  in  it,  and  were  all  the  English  in 
that  whole  tract  of  country,  and  left  not  so  much  as  any  one 


AMERICA   AND   WEST   INDIES.  139 

1728. 

living  English  subject  in  any  part  of  the  said  land  and  ilands 
between  R.  St.  Croix  and  R.  Kennebeck.  Upon  this  easy  con- 
quest of  the  aforesaid  tract,  the  French  King  commited  the 
Government  thereof  to  his  Governor  of  Nova  Scotia,  and  it 
remained  to  the  French  at  and  after  the  Peace  of  Reswick. 
In  1698  the  French  built  a  church  on  their  said  new  conquest  at 
the  very  River  Kennebeck  for  a  standing  testimony  of  their 
right  to  and  possession  of  the  said  tract  etc.  Refers  to  B.  of  T. 
papers,  e.g.  Lord  Bellomont's  letter,  1st  July,  1700,  v.  C.S.P. 
No.  641.  Continues : — After  the  receipt  of  said  letter,  the 
Governor  of  New  England  had  orders  from  Court  to  press  the 
General  Assembly  to  repossess  themselves  of  the  said  tract  of 
country,  rebuild  the  fort  and  settle  families  thereon,  but  they 
would  have  no  regard  to  the  strongest  instances,  etc.,  alleidging 
(1703)  that  should  they  put  their  Province  to  the  expense  of 
regaining  the  said  tract  etc.,  the  land  would  still  be  the  Queen's, 
H.M.  might  give  it  to  whome  she  pleased  etc. ;  and  they  affected 
to  apprehend  from  the  advices  given  them  by  Sir  Henry  Ashurst 
their  Agent  here,  that  the  Queen  had  a  designe  to  give  the  said 
tract  to  Col.  Dungan  (Lord  Limerick)  for  his  settling  the  same 
with  his  country  folks,  Roman  Catholicks  from  Irland,  for  which 
reasons  they  unianemously  persisted  in  their  resolution  etc. 
Which  willfull  neglect  and  obstinate  resolutions  etc.  was  the  bet- 
ter known  to  your  Memorialist  at  that  time,  not  only  from  his 
then  living  at  Boston  and  his  constant  observations  with  con- 
cerne  etc.,  judging  that  large  and  noble  tract  may  be  easily  made 
greatly  beneficial  to  the  Crown,  beside  affording  constant 
supply s  of  naval  stores  of  every  kind  etc.,  but  also  from  his  near 
neighbour  and  intimate  acquaintance  Dr.  Urian  Oakes,  then 
Speaker,  by  whom  he  was  well  informed  of  everything  transacted 
in  that  House  relating  to  the  said  tract  of  country  which  contin- 
ued to  remaine  to  the  French,  who  having  their  hands  full  in 
Queen  Ann's  warr,  forbore  further^settling  the  same,  whereby  it 
has  lain  wast  and  uninhabited  (except  by  a  few  Indians)  ever 
since.  And  was  recovered  to  the  Crown  by  Genii.  Nicholson  etc. 
upon  Articles,  1710,  which  expressly  included  all  the  land  from 
Cape  Gaspee  to  the  River  Kennebeck,  which  til  then  was  in 
actual  possession  of  the  French  King,  and  by  him  yealded  to 
the  Crowne  of  Great  Britain  by  the  Treaty  of  Utrecht.  Not- 
withstanding the  Massachusetts'  wilfull  neglect  of,  and  their 
basely  giving  up  to  the  French  the  said  noble  tract  etc.  ;  yet 
hating  that  any  settlement  should  be  made  thereon  tho'  with  the 
greatest  probabilety  of  future  benefit  to  the  Crowne  etc.,  unless 
to  be  under  their  own  Goverment  (a  thing  they  have  always 
been  greedylie  grasping  at),  they  continually  made  most  unreas- 
onable opposition  aganst  the  Crownes  intrest  many  years  in  the 
latter  part  of  Queen  Ann's  reigne  and  the  greatest  part  of  the 
reigne  of  His  late  Majesty  etc.,  to  prevent  your  Memorialist  and 
his  associates  from  obtaining  permition  and  encouragement  from 


140  COLONIAL   PAPERS. 

1728. 

ye  Crown  to  plant  an  elegant  Colony  on  the  said  tract  etc.  under 
H.M.  right  and  Government,  whilst  he  and  his  associates  for 
several  years  together  used  their  utmost  endeavours  for 
obtaining  the  same  ;  and  for  proving  those  lands  to  be  absolutly 
in  the  right  of  the  Crowne,  against  the  unjust  claims  and  pre- 
tensions of  those  violent  and  obstinate  opposers  ;  which  was 
done  with  great  fateigue  and  expence  to  your  Memorialist. 
And  in  case  the  said  noble  tract  of  country  in  the  said  Charter 
had  been  fairly  obtained  (as  it  was  not)  it  is  conceived  that  the 
Massachusetts  so  giving  it  up,  abridges  at  least  so  much  of  their 
Charter.  And  like  to  this  was  the  case  of  Lord  Baltemore 
concerning  part  of  his  Province  of  Maryland  laying  on  Delaware 
Bay,  which  he  abandoned  to  the  Dutch,  and  the  same  being 
afterward  reconquered  by  the  Crowne  was  thereupon  granted 
(de  novo)  to  James  Duke  of  York  etc.  By  these  facts  it  may 
plainly  appear  etc.  that  the  foresaid  tract  etc.  is  together  with 
Nova  Scotia  entirly  in  the  Crowne,  and  may  be  disposed  of  as  the 
King  in  his  great  wisdome  may  think  fit  etc.  Wherefore,  etc., 
if  the  King  shall  judge  it  for  H.M.  service  to  have  the  said  unin- 
habited tract  settled  with  inhabitants,  for  the  better  producing 
more  certain,  future  ample  supplys  of  hemp  and  other  naval 
stores,  without  further  dependancy  on  precarious  supplys  from 
foreigners  etc.,  there  are  yet  a  good  number  of  those  usefull 
men  who  took  some  share  in  the  great  travel  and  fateigue  your 
Memorialist  underwent  many  years  in  the  two  last  reignes  to 
obtaine  liberty  and  encouragement  to  settle  a  Colony  on  the 
said  tract  etc.,  still  remaining  very  desirous  of  the  King's  favour 
to  grant  a  settlement  for  them  and  their  families  on  the  same, 
under  H.M.  civil  Government  to  be  erected  there  ;  and  to  pay 
a  reasonable  quitt-rent  in  hemp  to  the  Crowne  ;  And  as  many  of 
those  men  have  been  experienced  in  military  service,  they  would 
by  their  building  small  forts  at  first  with  wood  and  earth,  be 
capable  to  defend  themselves  and  protect  the  country  without 
further  expence  to  the  Crowne  for  sending  soldiers  thither. 
And  when  a  proper  settlement  shall  be  once  begun  by  such 
vetterns,  suiteble  inhabitants  that  occation,  under  H.M.  civil 
Government,  many  other  usefull  people,  foreigne  Protestants, 
as  well  as  Britons,  would  soon  settle  themselves  in  a  regular  and 
safe  manner  at  their  own  expence  on  the  encouragement  of 
having  a  suiteble  portion  of  the  said  land  to  be  (by  some  person 
or  persons  properly  appointed)  thereon  granted  to  them  and  their 
posterity,  paying  a  quit-rent  as  aforesaid.  And  as  there  will 
continually  be  great  numbers  of  future  convicts  condemned  in 
Great  Britain  and  Irland  to  serve  a  term  of  years  in  H.M. 
Plantations  ;  and  to  be  transported  thither  at  the  Crown's 
expence  as  they  are  now  transported  ;  they  cannot  be  sent  to 
any  other  part  so  advantageous  to  the  Crowne,  as  to  employ  them 
under  strict  and  prudent  management  for  the  service  of  H.M. 
in  clearing  and  cultivating  the  said  wast  and  derelict  land  for 


AMERICA  AND   WEST  INDIES.  141 

1728. 

the  compleat  furnishing  in  due  time  ;  constant  and  full  supplys 
of  hemp  and  masts  from  thence  for  the  Navy  ;  each  convict  to 
have  after  the  expiration  of  their  respective  services  on  the  said 
land,  a  small  portion  thereof  granted  for  them  and  their  post- 
erity to  settle  and  inhabit  under  the  like  conditions  with  others 
of  raising  hemp  and  paying  quit  rent  in  the  same  to  H.M.  for 
for  the  use  of  the  Navy.  There  are  also  many  others,  able  persons 
of  both  sexes,  who  live  in  continual  danger  of  being  apprehended 
for  criminal  practices  which  by  the  faults  of  their  parents  or 
otherwise,  they  are  constantly  repeating,  which  renders  them  a 
nuisance  and  a  pest  to  the  publick,  especially  in  and  about  the 
Cittys  of  London  and  Westminster,  and  they  would  gladly  be 
rescued  from  their  necessity  of  commiting  those  crimes,  and  the 
evil  consequences  thereof,  by  volentary  engaigeing  themselves 
to  serve  H.M.  a  term  of  years  in  the  said  tract  of  country 
etc.,  where  they  might  by  right  management,  be  encourag'd  and 
renderd  very  serviceeble,  if  any  proper  persons  were  appointed 
to  receive  and  transport  them  accordingly.  Many  such  offensive 
subjects  the  French  usually  send  to  inhabit  in  their  Plantations, 
tho'  with  this  differance  ;  of  forcing  them,  insteed  of  accepting 
them  as  volunteers  ;  for  in  1718,  your  memorialist  being  then  in 
Paris,  above  800  able-bodied  beggars,  ballad-singers  and  other 
vagabonds  were  seazed  in  one  day  in  the  streets  there,  and  sent 
away  to  Messesipi  etc.  Proposes  that  one  of  H.M.  largest  store- 
ships  should  be  detailed  to  transport  emigrants  and  2  small 
sloops  to  stay  there.  The  storeship  on  its  second  homeward 
voyage  to  be  laden  with  masts  for  the  Navy  etc.  And  forasmuch 
as  such  a  usefull  undertaking  will  require  absolutely  to  have  some 
person  of  known  integrety  and  experience  in  those  parts  to  begin 
the  same,  offers  himself  in  that  capacity,  etc.  Signed,  Thomas 
Coram.  Endorsed,  Reed.,  Read  19th  June,  1728.  12  pp. 
[C.O.  217,  5.  ff.  78—83v.,  84u.] 

June  18.  286.  H.M.  Additional  Instructions  to  Governors  Burnett  and 
Richmond.  Montgomery  and  to  the  Governor  and  Company  of  Rhode 
Island  and  of  Connecticut.  Whereas  We  have  been  graciously 
pleased  to  constitute  and  appoint  a  Surveyor  General  of  all  Our 
woods  in  North  America  with  proper  Deputys  under  him  in 
order  the  better  to  secure  and  preserve  for  the  use  of  Our  Royal 
Navy  such  trees  as  shall  be  found  proper  for  that  service,  etc. 
you  are  to  be  aiding  and  assisting  them  and  give  orders  to  all 
Officers  civil  and  military  to  be  aiding  and  assisting  them  in 
preventing  the  destruction  of  Our  woods,  and  in  punishing  such 
as  shall  be  found  offending  therein.  Signed,  G.  R.  [C.O.  324, 
36.  pp.  73,  74.] 

June  18.  287.  H.M.  Additional  Instruction  to  Governors  of  Planta- 
tions, to  the  Governor  and  Company  of  Rhode  Island  and 
Connecticut,  to  Springet  Penn  and  Hannah  Penn,  Proprietors 


142 


COLONIAL   PAPERS. 


1728. 


June  20. 

Whitehall. 


June  20. 

Whitehall. 


and  Governor  of  Pennsylvania  and  to  Charles  Lord  Baltemore, 
Proprietor  and  Governor  of  Maryland  and  to  the  Lords  Pro- 
prietors of  North  Carolina.  In  all  prayers,  litanies  and  collects 
for  the  Royal  Family  to  be  used  under  your  Government  instead 
of  the  words  [H.R.H.  the  Prince  of  Wales  etc.]  are  to  be  inserted 
[Our  gracious  Queen  Caroline,  the  Royal  issue  etc.].  Enclosed, 
Order  of  Council  15th  June,  1727  to  that  effect.  Signed,  G.  R. 
[C.O.  324,  36.  pp.  75—80.] 

288.  Council  of  Trade  and  Plantations  to  the  King.     Repre- 
sentation  upon   petition  of  Francis  Whitworth  (v.  12th  June). 
Mr.  Whitworth  informed  us  he  has  no  salary  for  executing  the 
office  of  Secretary  to  Barbados,  and  that  the  profits  accruing  to 
him  from  his  office,  do  only  arise  from  such  reasonable  fees,  as 
have  for  many  years  past,  been  in  ye  said  Office.   We  therefore 
humbly   propose,    that    his    account   be   transmitted   to    your 
Majesty's  Governor,  and  that  he,  with  the  Council,  do  examine 
and  settle  the  same,  and  that  the  paymt.  of  what  shall  be  found 
due  upon  propper  vouchers,  according  to  the  usual,  and  accus- 
tomed fees  given  upon  the  like  occasion,  be  earnestly  recom- 
mended to  the  Assembly  for  immediate  payment,  and  that  the 
said  Assembly,  do  for  the  future,  take  care  to  pay  what  shall 
become  due  to  the   Secretary  for  such    services,    as  shall    be 
performed  by  him  or  his  Deputy  for  the  public.    [C.O.  29,  15. 
pp.  23,  24.] 

289.  Same  to  the  Governor  of  Connecticut.     Acknowledge 
letter  of  18th  Sept.,    1727.      Continue : — H.M.     having    been 
graciously  pleased  to  constitute  us  his  Commissioners  for  Trade 
and  Plantations  etc.,  we  take  this  opportunity  to  acquaint  you 
that  it  is  H.M.  pleasure  and  express  command,  that  the  Governors 
of  all  his  foreign  Plantations  do  from  time  to  time  give  unto  us 
frequent  and  full  information  of  the  state  and  condition  of  their 
respective  Governments  and  Plantations,  as  well  with  regard  to 
the  administration    of   the    Government    and    justice  in  those 
places,  as  in  relation  to  the  commerce  thereof  :   and  more  particu- 
larly that  the  said  Governors  transmit  unto  us  yearly  accounts 
of  their  said  administration  by  way  of  Journal,  together  with  the 
Acts  of  Assemblies  ;   all  which  things  you  are  therefore  accord- 
ingly  to   observe   in   relation   to   the   Colony   of  Connecticut. 
Particularly   we   desire   you   to   inform   us,    What   number   of 
inhabitants  there  are  ?    What  of  freemen,  and  what  of  servants, 
white  and  black  ?    To  what  degree  are  those  numbers  increased 
or  decreased  within  five  years  last  past  ?     What  is  the  whole 
number  of  the  Militia  ?   What  commodities  are  exported  to  this 
Kingdom  ?      What    trade  is  there,   either  by  exportation   or 
importation  with  any  other  place  ?     And  from  whence  is  that 
Colony  now  furnished  with  supplies  (particularly  of  any  manu- 
factures) that  it  was  wont  to  be  furnished  withall  from  Great 


AMERICA  AND   WEST  INDIES. 


143 


1728. 

Britain  ?  How,  and  in  what  particulars  is  the  trade  of  that 
Province  increas'd  or  decay'd  of  late  years  ;  and  what  hath  been 
the  reason  ?  What  are  the  present  methods  used  to  prevent 
illegal  trade  ?  And  what  further  methods  do  you  think 
adviseable  ?  What  number  of  ships  or  other  vessels  are  there 
belonging  to  that  Colony  ?  And  what  number  of  seafaring  men  ? 
What  number  and  what  sorts  of  those  vessels  have  been  built 
there  ?  What  manufactures  are  settled  in  that  Colony  of  any 
sort  whatsoever  ?  To  all  which  inquiries,  we  also  further  desire 
you  to  add  whatever  else  you  may  in  your  own  prudence  think 
conducive  to  H.M.  service,  to  the  interest  of  this  Kingdom,  and 
to  the  advantage  of  that  particular  Colony.  We  take  this 
opportunity  to  remind  you  of  sending  over  a  compleat  collection 
of  the  laws,  which  has  been  so  often  promis'd  some  years  ago, 
by  several  Governors,  upon  letters  writ  them  from  the  Secretary 
of  this  Board  for  that  purpose.  [C.O.  5,  1294.  pp.  19 — 22.] 

Similar  letters,  mutatis  mutandis  and  omitting  opening 
sentences,  sent  20th  June  and  duplicates  in  July,  1731,  to  the 
Governor  of  Rhode  Island  and  Deputy  Governor  of  Maryland. 
[C.O.  5,  1294.  p.  22.] 

June  20.  290.  Council  of  Trade  and  Plantations  to  Governor  Mont- 
wintehaii.  gomerie.  Acknowledge  letter  of  6th  May  and  congratulate  him 
upon  his  safe  arrival.  Continue  : — We  don't  doubt  but  that 
by  your  prudent  administration  all  differences  will  be  reconcil'd, 
and  you  may  depend  upon  it,  that  nothing  shall  be  wanting  on 
our  part,  towards  making  your  administration  easy.  All  that 
we  shall  trouble  you  with  at  present,  is,  to  desire  that  in  your 
future  correspondence  with  us,  all  letters  or  other  papers  may  be 
sent  directly  hither  under  cover  to  the  Board,  and  that  you  take 
care  to  mention  in  every  letter  the  ship  by  which  your  proceeding 
letter  was  sent.  [C.O.  5, 1125.  p.  118.] 

June  28.         291 .     Council   of  Trade   and   Plantations   to   the   Duke   of 
\\hitehaii.     Newcastle,     In  reply  to  9th  May,  enclose  following  to  be  laid 
before  H.M.  Autograph  signatures.  1  p.  Enclosed, 

291.  i.  Same  to  the  King.  Representation  upon  H.M.  possessions 
in  America  disputed  by  the  King  of  Spain  and  injuries 
inflicted  by  the  Spaniards  on  H.M.  subjects,  etc.  (v. 
9th  May).  Carolina  was  formerly  known  by  the  names 
of  Florida  and  Carolana  Florida  ;  This  Province  was 
first  discovered  by  Sir  Sebastian  Cabot  in  1497,  who 
by  a  Commsision  from  and  at  the  expence  of  K.  Henry 
VII,  discovered  all  the  coast  of  America  from  the 
56th  to  28th  degrees  of  Northern  Latitude,  about  30 
years  before  any  other  Europeans  had  visited  the 
Northern  Continent  of  America :  And  it  does  not 
appear  that  ever  the  Spaniards  attempted  any  discov- 
ery of  that  part  of  America  till  1527,  under  Pamphilio 


144  COLONIAL   PAPERS. 

1728. 


Narvaez,  nor  any  conquest  till  1539,  when  Ferdinando 
Soto  landed  upon  Florida  from  the  Havana,  and 
wandering  over  a  great  part  of  that  country  in  search 
of  mines  which  he  could  not  find,  died  of  grief  in  May 
1542,  and  such  of  his  men  as  were  left  alive,  returned 
again  to  the  Havana,  without  making  any  settlement 
on  that  Continent.  The  first  grants  we  find,  of  this 
country  by  your  Majesty's  Royal  Predecessors  was  by 
King  Charles  I  in  the  5th  year  of  his  reign  to  Sir 
Robert  Heath,  His  Attorney  General ;  In  that  patent 
it  is  called  Carolana  Florida,  and  the  boundaries 
fix'd  for  it,  are  from  the  River  Matheo,  in  the  30th 
degree,  to  the  River  Passa  Magna  in  the  36th  degree 
of  Northern  Latitude.  We  have  good  reason  to  beleive 
that  possession  of  this  country  was  taken  under  the  said 
patent,  and  large  sums  of  mony  expended  by  the 
Proprietor  and  those  claiming  under  him,  in  making 
settlements  there  ;  but  whether  this  grant  was  after- 
wards surrendered,  or  whether  the  same  became  vacant 
and  obsolete  by  non  user  or  otherwise,  King  Charles  II 
made  two  other  grants  of  the  same  country,  with  some 
small  difference  in  the  boundaries,  to  the  Lords 
Proprietors  of  Carolina.  The  last  of  these  grants  bears 
date  the  30th  day  of  June  in  the  17th  year  of  King 
Charles  the  Second's  Reign,  and  gives  to  the  Lords 
Proprietors  all  that  part  of  North  America  which  lyes 
between  the  36th  and  29th  degree  of  Northern  Latitude. 
Fort  King  George  upon  the  River  Alatamaha,  now 
complained  of  by  the  Spaniards,  lyes  within  the  bounds 
of  both  the  abovementioned  grants  to  Sir  R.  Heath 
and  to  the  Lords  Proprietors,  who  have  made  and 
continued  many  flourishing  settlements  in  Carolina  ; 
whereas  it  is  notoriously  known  that  the  Spaniards 
have  never  maintain'd  or  kept  possession  of  any  in 
those  parts  except  St.  Augustine  ;  And  your  Majesty 
might  with  as  much  reason  contest  their  title  to  that 
Settlement  as  they  dispute  your  Majty's.  right  to 
Fort  King  George,  which  was  neither  settled  by  the 
Spaniards,  nor  any  other  European  Nation,  when  your 
Majesty's  troops  first  took  possession  of  that  place 
whereon  that  fort  was  afterwards  erected.  This  is  not 
the  first  time  that  disputes  have  arisen  between  the 
Crowns  of  Great  Britain  and  Spain,  concerning  their 
respective  Dominions  in  America  ;  But  to  prevent  all 
contests  of  this  sort  in  the  times  to  come,  a  Treaty  was 
concluded  at  Madrid  in  1670,  by  the  7th  Article  of 
which  Treaty  it  was  expressly  agreed  between  the  then 
Kings  of  Spain  and  Great  Britain,  that  the  King  of 
Great  Britain  and  his  heirs  should  hold  and  enjoy  for 


AMERICA   AND   WEST   INDIES.  145 

1728. 

ever  all  those  lands  and  places  in  any  part  of  America 
which  the  said  King  of  Great  Britain  or  his  subjects 
then  held  or  possessed,  which  Treaty  is  subsequent  to 
the  two  grants  to  Sir  Robert  Heath  and  to  the  Lords 
Proprietors  of  Carolina,  and  to  the  making  of  several 
Settlements  under  both  the  said  patents.  It  is  therefore 
matter  of  surprize  that  the  Spaniards  should  now 
pretend  a  title  to  a  part  of  a  Province  which  they  have 
so  long  ago  given  up  by  the  said  Treaty,  which  hath 
been  confirm'd  by  many  subsequent  Treatys  between 
the  two  Crowns. 

The  Bahama  Islands,  the  principal  of  which  is 
Providence,  were  granted  by  King  Charles  I  in  the 
5th  year  of  his  reign  to  the  Earls  of  Warwick  Holland 
and  others,  in  consideration  of  their  having  some 
years  before  discover'd  and  settled  the  said  Islands. 
After  the  restoration  of  King  Charles  II,  these  Islands 
not  having  from  their  first  discovery  been  possessed 
by  any  but  the  English,  were  granted  in  1670,  by  K. 
Charles  II,  to  the  Duke  of  Albermarle  and  others, 
and  have  been  enjoyed  by  them  and  their  successors 
until  1703,  when  the  French  and  Spaniards  invaded  and 
plundered  the  same  ;  since  which  time  till  1717,  the 
Bahamas  have  remained  in  the  possession  of  H.M. 
subjects,  but  the  Proprietors  having  neglected  to  protect 
and  assist  the  inhabitants,  his  late  Majesty  resumed 
the  Government  thereof  by  surrender,  and  hath  ever 
since  appointed  Governors  of  the  said  Islands.  And  as 
your  Majesty's  subjects  were  in  possession  of  these 
Islands  before  the  abovementioned  Treaty  of  Madrid, 
your  Majesty's  title  thereto  was  confirm'd,  not  only  by 
that  Treaty  but  by  the  Treaty  of  Utrecht,  and  the 
Quadruple  Alliance  made  between  the  Crowns  of 
Great  Britain  and  Spain  since  that  time.  As  to  the 
settlement  made  by  your  Majesty's  subjects  in  the  Bay 
of  Campeachy,  refer  to  representation  of  25th  Sept. 
1717,  upon  Mr.  Secretary  Methuen's  reference  in 
Nov.  1716.  Continue : — We  have  in  obedience  to 
your  Majesty's  commands,  hereunto  annexed  a  schedule 
of  all  such  losses  as  your  Majesty's  subjects  have 
sustained  from  the  guarda  costa's  and  from  other 
depredations,  injustice  and  violence  of  the  Spaniards, 
so  far  as  the  same  have  come  to  our  knowledge.  Auto- 
graph signatures.  8  pp.  Enclosed, 

291.  ii.  Statement  of  British  title  to  Carolina  and  the  Bahama 
Islands.  Endorsed,  'Copy  sent  to  the  Plenipots.  July 
27th,  1728.  7 1  pp. 

291.  iii.  Schedule  of  losses  sustained  by  British  subjects  in 
their  shipping  and  effects  from  the  Treaty  of  Utrecht 

C.P.XXXVI— 10 


146  COLONIAL   PAPERS. 

1728. 

to  June  20,  1728.  Cases  of  86  named  ships  with  value 
of  cargoes,  and  several  others  not  named.  Aug.  24, 
1720,  Sir  N.  Lawes  complained  that  the  Spaniards 
commit  frequent  depredations  on  Jamaica  from 
Trinidado  in  times  of  peace.  1724,  The  Spaniards 
protect  the  crew  of  the  pirate  Cassandra.  1718,  The 
Spaniards  raided  Crab  Island.  1717,  The  Spaniards 
forced  into  their  service  several  English  ships  in  Spain  for 
transport,  some  of  which  were  never  released,  and  others 
not  paid  the  freight  contracted  for.  3  large  double  pp. 

291.  iv.  Copy  of  Council  of  Trade  to  the  King,  25th  Sept., 
1717,  v.  C.S.P.  under  date. 

291.  v.  Copy  of  Council  of  Trade  to  the  Lords  Justices,  llth 
Sept.,  1719.  v.  C.S.P.  under  date.  [C.O.  5,  383.  Nos. 
32,  32.  i — v ;  and  (duplicate  of  Wo.  i,  enclosed,  sent  by 
Mr.  Delafaye  to  Mr.  Walpole)  33 ;  and  389,  28.  pp. 
346—361.] 

June  21.  292.  Memorial  of  John  Hyde  and  other  lessees,  in  behalf 
of  themselves  and  the  inhabitants  of  the  Bahama  Islands,  to  the 
Duke  of  Newcastle.  By  letters  of  26th  Aug.  and  12th  Oct.  1722, 
from  their  factor,  Mr.  Skynner,  then  a  prisoner  at  the  Havana, 
they  find  that  the  Spaniards  in  America  claim  the  sole  right  to 
the  Bahama  Islands  and  accordingly  proceed  to  condemn  all 
vessels  with  brazelletto  wood,  which  is  the  product  of  those 
islands  only.  They  likewise  take  and  condemn  all  trading  vessels 
which  they  meet  with  in  those  seas,  altho'  they  have  not  been 
in  any  Spanish  port,  or  traded  with  any  of  the  subjects  of  His 
Catholick  Majesty  :  imprison  and  use  the  men  as  if  they  were 
worse  than  pirates,  as  is  the  case  of  the  said  Skynner  etc.,  who 
observes  that  to  be  an  Englishman  in  Havana  is  enough  to  have 
all  the  ill  treatment  put  upon  him  that  a  Spaniard  is  capable  of 
using.  Represent  the  great  difficulties  they  labour  under  from  the 
frequent  insults,  robberys  and  piracys  committed  by  the  Spani- 
ards on  their  trading  vessels  at  sea  and  also  by  plundering  their 
vessels  in  harbour,  burning  and  distroying  their  vessels  and 
plantations  on  shore,  under  pretence  of  having  commissions  so 
to  do  from  the  Governours  of  Havana,  Baraco,  and  other  parts 
on  Cuba.  Quote  cases  given  in  C.S.P.  1722,  1723,  raids  by  Capt. 
Blanco  etc.  Conclude  :  The  Spaniards  of  Cuba  have  every  summer 
since  the  settlement  of  the  Bahama  Islands  began  disturbed  the 
inhabitants  in  raking  of  salt,  cutting  wood,  taking  whales  and 
scales  for  oyl,  and  other  their  lawfull  employments  on  the  said 
islands,  which  if  not  timely  prevented  and  restitution  made  for 
the  damage  done  to  them  will  make  them  quit  the  islands. 
Pray  that  representations  be  made  to  Spain  so  that  ample 
restitution  be  made  and  that  such  insults  and  robberies  may 
cease  and  H.M.  right  to  the  said  islands  may  be  acknowledged 
etc.  Signed,  John  Hyde.  l^pp.  [C.O.  23, 12.  No.  93.] 


AMERICA  AND   WEST  INDIES.  147 


1728. 

June  24.         293.     Petty  Expences  of  the  Board  of  Trade,  Lady  day  to 
Midsummer  (v.  Journal).  6pp.  [C.O.  388,  79.  Nos.25 — 28.] 

June  25.         294.     Mr.   Walpole  to  the   Duke   of  Newcastle.      Encloses 
Julv  6.      following,  which  "  I  wrote  to  the  Garde  des  Sceaux  in  conse- 
quence of  your  letter  of  16th  May  "  etc.,  to  which  "  I  expect  to 
receive  an  answer  shortly  from  Mor.   de  Chauvelin."     Copy. 
%p.  Enclosed, 

294.  i.  Mr.  Walpole  to  Mor.  de  Chauvelin.    Compiegne.    27th 

June  (N.S.),  1728.  Encloses  copy  of  the  letter  of  the 
Council  of  Trade,  together  with  translation  of  de- 
position of  John  Ridley,  28th  Nov.  1727,  relating  to 
the  settlement  of  some  French  families  on  St.  Vincents. 
Concludes :  As  such  settlements  are  of  the  utmost 
importance,  and  contrary  to  the  agreement  of  1722 
etc.,  the  King  my  Master  is  confident  that  His  Christian 
Majesty  will  repeat  the  orders  [of  the  Regent]  for  the 
said  families  to  evacuate  St.  Vincent,  replace  every- 
thing upon  the  same  footing  as  it  was  before  their 
settlement,  and  not  to  do  anything  which  could  give  the 
least  offence,  or  reason  for  suspicion,  till  this  matter  is 
amicably  settled  according  to  the  rules  of  justice  etc. 
French.  Copy.  2J  pp.  [C.O.  253,  i.  Nos.  35,  35  i.] 

June  25.  295.  Governor  Montgomerie  to  [?  Mr.  Delafaye].  Acknow- 
New  York,  ledges  repeal  of  Act  of  New  York  for  the  easier  partition  of  lands 
etc.  Encloses  Address  from  New  Jersey,  "  which  to  please  them 
I  hope  you  will  order  to  be  printed  in  the  Gazet."  Encloses  Mem- 
orial from  Mr.  Bradley,  whom  you  recommended  to  me  etc. 
Continues  :  You  will  see  by  it  that  he  has  met  with  very  hard 
usage,  and  that  it  is  not  in  my  power  to  redress  him.  The  man 
is  honest  and  well-meaning,  so  I  hope  something  will  be  done 
for  him  from  home.  Coll.  Riggs  is  uneasie  till  I  satisfie  you, 
about  a  letter  he  wrot  to  you  to  receive  his  pay  in  England. 
I  intended  to  have  granted  him  that  favour,  but  finding  that  all 
the  officers  would  make  the  same  demand,  which  would  be  a 
great  loss  to  me,  he  franckly  desisted  from  it,  which  I  take  very 
kindly  etc.  Signed,  J.  Montgomerie.  Endorsed,  R.  Aug.  14  (by 
Mr.  Drummer).  Holograph.  2  pp.  Enclosed, 

295.  i.   Address  of  the   Chief  Justice,   Second  Judge,   High 

Sheriff,  Grand  Jury,  practitioners  of  the  Law  and  Clerk 
of  the  Peace  of  the  Supream  Court,  held  at  Burlington, 
for  the  Western  Division  of  New  Jersey,  to  the  King. 
7th  May,  1728.  Welcome  prospect  of  peace  being 
restored  and  the  power  of  Spain  being  confined  within 
just  limits.  "With  a  warm  rapture  of  thankfulness  " 
acknowledge  H.M.  parental  care,  particularly  in 
sending  Governor  Montgomerie  etc.  Set  out,  N.J. 
Archives,  1st  Ser.  V,  185.  31  signatures,  1  large  p. 


148  COLONIAL   PAPERS. 

1728. 

295.  ii.  Petition  of  Richard  Bradley  to  Governor  Montgomerie. 
New  York,  28th  June,  1728.  Petitioner  cannot  obtain 
payment  of  £800  due  to  him  for  salary  and  fees  as 
Attorney  General,  and  thereby  suffers  great  hardship, 
as  also  by  the  recent  Act  etc.  Petitioner  has  long 
experienced  that  Grand  Juries  will  never  present 
where  any  of  their  relations  and  friends  are  concerned, 
and  most  of  this  new  country  are  related  etc.  Asks  to 
be  allowed  a  salary  of  £150  paid  from  home  etc. 
Signed,  Richd.  Bradley.  3  pp.  [C.O.  5,  1092.  Nos. 
69,  69.  i,  ii.] 

June  27.        296.     Mr.  Popple  to  Lt.  Governor  Armstrong.    Acknowledges 

Whitehall,     letters  of  30th  April  and  17th  Nov.  last.  Refers  to  Representation 

of  31st  May.  The  Board  are  in  hopes  of  receiving  H.M.  directions 

upon  the  peopling  and  settling  of  Nova  Scotia  before  they  finish 

Governor  Philipps'  Instructions  etc.  [C.O.  218,  2.  pp.  79,  80.] 

June  27.  297.  Council  of  Trade  and  Plantations  to  the  Duke  of 
Whitehall.  Newcastle.  Enclose  following  to  be  laid  before  H.M.  Annexed, 
297.  i.  Same  to  the  King.  We  humbly  lay  before  your  Majesty 
draughts  of  General  Instructions  for  Governor  Worsley 
and  of  those  particularly  relating  to  the  Acts  of  Trade 
and  Navigation,  with  some  few  alterations  and  our 
reasons  for  the  same.  We  have  inserted  Samuel 
Berwick  in  the  Council,  he  being  restored  12th  April 
etc.,  and  Mr.  Maxwell  and  Mr.  Allen  being  dead,  we  have 
inserted  in  their  stead  John  Frere  and  Geo.  Lillington 
Esqrs..  they  being  recommended  to  us  as  persons 
every  way  qualified  etc.  Mr.  Worsley  having  complained 
that  the  Assembly  had  assumed  to  themselves  the 
priviledge  of  adjourning  for  what  time,  and  to  what 
place  they  thought  fit,  without  his  consent,  we  have 
inserted  the  21st  Article,  in  order  to  restrain  this 
practice,  that  the  public  business  of  the  Island  may  not 
be  thereby  retarded.  Mr.  Worsley  having  likewise 
complained,  that  the  Assembly  had  assumed  to  them- 
selves, a  power  of  chusing  a  Speaker,  pro  tempore, 
without  presenting  him  to  the  Governor  for  his 
approbation,  we  have  inserted  the  22nd  Article,  for 
restraining  a  practice  so  contrary  to  your  Majesty's 
Royal  prerogative.  The  latter  part  of  Mr.  Worsley's 
28th  Instruction,  contain'd  a  power  from  his  late 
Majesty  to  receive  what  additional  salary  the  Assem- 
bly should  think  fit,  to  settle  upon  him,  under  certain 
restrictions  therein  expressed.  In  consequence  of 
which  the  Assembly  having  passed  an  Act  in  1723, 
and  the  salary  thereby  given  being  continued  to  him, 
until  the  determination  of  his  Government,  we  have 


AMERICA  AND   WEST   INDIES.  149 

1728. 

omitted  the  aforesaid  latter  part  etc.  We  have  made 
no  further  alteration,  than  what  your  Majesty  has 
already  been  pleased  to  approve  in  the  Instructions 
to  Governors  of  other  Plantations  etc. 

297.  ii.  Draught  of  Governor  Worsley's  General  Instructions 
(1—104).  Dated  at  Hampton  Court,  25th  July,  1728, 
v.  preceding.  Article  21  : — Whereas  We  have  been 
informed  that  the  Assemblies  of  Our  Plantations, 
have  of  late  assum'd  to  themselves,  the  power  of 
adjourning  at  pleasure  ;  without  leave  from  Our  Gov- 
ernors first  obtain'd  for  that  purpose,  as  usual,  by 
request ;  which  is  highly  detrimental  to  Our  royal 
prerogative,  and  may  prove  of  prejudice  to  the 
publick  ;  It  is  Our  will  and  pleasure  that  you  signifie 
to  the  General  Assemblies  of  Barbados,  if  occasion 
should  require,  and  that  you  accordingly  insist  upon  it, 
that  they  have  no  right  to  adjourn  themselves,  other- 
wise than  de  die  in  diem,  excepting  Sundays  and 
Holydays,  without  leave  from  you  Our  Governor,  or 
from  Our  Governor  or  Commander  in  Chief  of  the  said 
Island,  for  the  time  being  first  asked  and  obtained. 
Article  22  : — And  whereas  We  have  also  been  informed 
that  the  General  Assembly  of  Barbados  have  of  late 
taken  upon  them  to  appoint  a  Speaker  pro  tempore, 
and  to  proceed  upon  business  without  presenting  him 
to  Our  Governor  for  his  approbation  of  such  choice  ; 
which  is  a  precedent  very  derogatory  to  Our  Royal 
prerogative,  and  may  prove  of  ill  consequence  to  Our 
service,  and  the  good  of  that  Island  ;  It  is  therefore  Our 
will  and  pleasure,  that  you  also  signifie  to  the  General 
Assembly,  that  We  disapprove  of  such  proceedings, 
and  that  for  the  future  they  will  not  be  suffer'd  to 
proceed  upon  business  with  any  Speaker,  but  such 
as  shall  be  first  presented  to,  and  approved  by  you, 
or  the  Commander  in  Chief  of  the  said  Island  for  the 
time  being.  [C.O.  29,  15.  pp.  25—95.] 

June  27.  298.  George  Lillington  to  the  Council  of  Trade  and 
Swansey.  Plantations.  Declines  honour  of  Councillorship,  Barbados, 
owing  to  the  benefit  he  derives  for  the  violent  pains  of  the 
gout  from  residence  the  two  last  winters  at  the  Bath  etc.  Signed, 
George  Lillington.  Endorsed,  Reed.  2nd,  Read  4th  July,  1728. 
Addressed,  To  Alured  Popple  Esq.  etc.  Postmark,  f  p.  [C.O. 
28,  19.  ff.  192,  193i;.] 

June  27.  299.  Council  of  Trade  and  Plantations  to  the  Lords  Com- 
missioners  of  the  Treasury.  Request  payment  of  Office  expences 
and  officers'  salaries  to  Midsummer.  Account  annexed.  [C.O. 
389,  37.  pp.  291,  292.] 


150  COLONIAL   PAPERS. 


1728. 

June  27.  300.  Messrs.  Stirling  and  Watson  to  the  Council  of  Trade 
and  Plantations.  We  are  two  of  the  many  in  good  circumstances, 
who  at  their  own  expence  will  settle  themselfs,  on  the  King's 
lands  and  islands,  now  laying  wast  and  uninhabited,  between 
the  River  Kennebeck  and  St.  Croix,  if  H.M.  shall  pleas  to  place 
our  worthey  friend  Capt.  Thomas  Coram  there  in  such  manner 
as  he  has  proposed  (v.  18th  June)  and  we  shall  each  of  us  carry 
one  thousand  pounds  and  more  of  our  own  with  us  etc.  Signed, 
James  Stirling,  Joseph  Watson.  Endorsed,  Reed.,  Read  27  June, 
1728.  Addressed.  1  p.  [C.O.  217,  5.  ff.  85,  861;.] 

June  29.         301 .     Governor  Hunter  to  the  Lords  Commissioners  of  the 
Jamaica.      Treasury.    Encloses  following.    Signed,  Ro.  Hunter.    Endorsed, 
Reed.  2nd    Oct.,    Read    13th    Nov.,  1728.     Holograph,     f  p. 
Enclosed, 

301.  i.  List  of  enclosed  accounts.     Same  endorsement.     1  p. 
301.  ii.  H.M.  account  of  imposts,  Jamaica,  April  7th — Sept. 

29th,  1725.  2  large  pp. 
301.    iii.    H.M.    account    of   Fortifications,    7th   April— 29th 

Sept.  1725.  Endorsed,  Reed.  2nd  Oct.,  1728.  1  p. 
301.    iv.    H.M.    account    current,    25th    March — 29th   Sept., 

1725.  Endorsed  as  preceding,  l^pp. 

301.  v.  H.M.  account  of  impost,  29th  Sept.,  1725— 25th 
March,  1726.  Same  endorsement.  2  pp. 

301.  vi.  H.M.  account  of  Fortifications,  29th  Sept.,  1725— 25th 
March,  1726.  Same  endorsement.  1  p. 

301.  vii.  H.M.  account  current,  29th  Sept.,  1725— 25th  March, 

1726.  Same  endorsement.   1  p. 

301.  viii.  H.M.  account  of  impost,  25th  March — 29th  Sept., 

1726.  Same  endorsement.  2  pp. 

301.   ix.   H.M.   account  of  Fortifications,  25th  March — 29th 

Sept.  1726.  Same  endorsement.  I  p. 
301.  x.  H.M.  account  current,  25th  March— 29th  Sept.,  1726. 

Same  endorsement.   2|  pp. 
301.  xi.  H.M.  account  of  impost,  29th  Sept.  1726— 25th  March, 

1727.  Same  endorsement.   l£jp. 

301.  xii.  H.M.  account  of  fortifications,  29th  Sept.  1726— 25th 

March,  1727.    Same  endorsement.  1  p. 
301.  xiii.  H.M.  account  current  29th  Sept.  1726 — 25th  March, 

1727.   Same  endorsement.   I  p. 
301.  xiv.  H.M.  account  of  impost,  25th  March — 29th  Sept. 

1727.  Same  endorsement.  I  p. 
301.  xv.  H.M.  account   of   fortifications,  25th   March — 29th 

Sept.  1727.  Same  endorsement.    1  p. 
301.    xvi.    H.M.    account   current,    25th   March — 29th   Sept. 

1727.  Same  endorsement.  2  pp. 
301.  xvii.  H.M.  account  of  impost,  29th  Sept.   1727— 25th 

March,  1728.  Same  endorsement.  1  p. 


AMERICA   AND   WEST   INDIES. 


151 


1728. 


June  29. 

Whitehall. 


June  30. 

Province  of 

New 
Hampshire. 


301.  xviii.  H.M.  account  of  fortifications,  29th  Sept.  1727— 
25th  March,  1728.    Same  endorsement.    1  p. 

301.  xix.  H.M.  account  current,  29th  Sept.,  1727 — 25th  March, 

1728.    Same  endorsement.    2  pp.    [C.O.  137,  17.   ff.  84, 
85v.— S6v.,  87v.— lOlv.,  102t;.— 107.] 

302.  Order  of  Committee  of  Council.    Due  consideration  of 
the  report  of  the  Council  of  Trade  upon  Nova  Scotia  requiring 
more  time  than  is  consistent  with  H.M.  orders  to  Col.  Philips  to 
repair  forthwith  to  his  Government,  he  is  ordered  to  proceed 
thither  without  delay.    The  Council  of  Trade  are  to  prepare  his 
Commission  and  Instructions  to  be  sent  after  him.    [v.  A.P.C. 
III.  p.  152.]     Signed,  Temple  Stanyan.     Endorsed,  Reed.  Read 
3rd  July,  1728.    1  p.  [C.O.  217,  5.  ff.  87,  881;.] 

303.  Lt.  Governor  Wentworth  to  the  Council  of  Trade  and 
Plantations.     I  have  the  pleasure  of  receiveing  your  Lordships 
letter  of  the  28th  Februy.  1727-8,  etc.    I  observe  that  the  affair 
of  the  Kings  woods,  I  have  so  often  given  your  Lordships  the 
treble    about    now  lies  under  consideration,  and  cear  will  be 
taken  to  prevent  the  stroy  that  has  been  formerly  made  thereon, 
and  hope  it  may  be  brot.  in  a  good  meathord,  and  as  I  mentioned 
in  my  letter  of  the  7th  of  August  1727,  that  those  people  that  are 
imploy'd,  by  Mr.  Gulston  the  Controller  for  Masts  have  a  greate 
opertunity  of  makeing  waste  on  the  pine  trees,  and  therein  gave 
my  reasons.  I  would  now  further  most  humbly  give  my  openion, 
that  no  person  may  be  appoined  from  home  as  Servayer  of  H.M. 
woods  or  Deputy  Servayr.  that  is  any  ways  concern'd  in  the  con- 
tract, or  his  agent  or  undertakers  here,  for  that  would  open  a 
wide  dore  for  distroying  the  timber,  the  labourers  and  people 
imploy'd  in  that  servis  are  generally  such  as  are  concern'd  in 
saw  mills  which  are  the  engines  that  distroy  the  pine  timber. 
Your  Lordships  will  please  to  excuse  on  this  head,  its  my  zeale 
for  the  Kings  intrest,  and  my  greate  desier  to  see  these  affairs 
settled  on  a  solid  foundation,  that  puts  me  on  it,  I  wrote  your 
Lordships  of  20th  of  Februy.  last  via  Boston  which  hope  came 
safe,    I    therein    sent    duplicates    of    our   Journalls  etc.  then 
advised  your  Lordships  that  one  of  our  underservayers  had  taken 
a  man  or  two  cutting  or  felling  a  mast  tree  that  had  been  marked 
by  Mr.  Bridger  the  late  Serveyer  I  suppose  eight  or  ten  years 
past,  allso  seized  a  parcill  of  mill  logs,  cutt  this  last  winter. 
Mr.  Armstrong  ye  Deputy  Servayer  went  to  Boston  to  consult 
wth.  ye  Judges  of  Admiralty,  I  cant  hear  that  any  thing  as  yet  is 
don,  if  an  example  be  not  made  of  some  of  these  people  it  will  be 
a  verry  ill  president.  Therefore  I  shall  not  be  backward  in  doeing 
my  duty,  the  Judge  of  the  Admiralty  seems  backward  in  acting 
on  these  affairs,   I  have   severall  times  wrote  him,   on  these 
ocations,    etc.      H.M.    King    George    the    Second    hath    been 
pleased  to  renew  my  Commissn.  for  the  Lewetenancy  of  this 


152  COLONIAL   PAPERS. 

1728. 

his  Province  of  New  Hampshire.  I  shall  do  everything  in 
my  power  to  support  the  honour  and  dignity  of  the  Crown 
and  use  my  best  endeavours  to  cultivate  principles  of  loyalty 
and  obedience  in  ye  people  to  H.M.  At  the  comeing  in  of 
King  George  the  Second  I  called  a  new  Assembly.  There 
happned  to  be  some  few  troblesome  men  made  choice  of, 
which  gave  me  a  good  deal  of  treble,  and  indeed  boar  so  hard 
on  the  Prerogative  of  the  Crown  ;  that  I  thot  it  inconsistant 
with  reason  or  justice  to  continew  them.  The  first  thing  they 
insisted  on  was,  that  the  Court  of  Appeals  to  the  Governour  and 
Councill  was  without  foundation  or  president,  I  shewd.  them 
that  it  was  established  by  ye  Governr.  Councill  and  Assembly 
of  the  Province  and  allow'd  and  confirm'd  by  the  Kings  and 
Queens  of  England,  thirty  eight  or  forty  years  past,  and  in 
the  instructions  to  the  Governrs.  call  it  there  Courts  of  Appeales, 
and  give  there  subjects  liberty  appeal  to  them  for  releife 
from  the  Lower  Courts  to  Governr.  and  Councill,  for  this  and 
such  like  reasons  I  dissolv'd  the  Assembly  and  called  another. 
One  of  the  cheife  actors  was  dropt,  but  the  Speaker,  Mr.  Wear, 
was  elected  the  second  time,  and  againe  chose  by  the  Houss 
Speaker,  when  so  don  they  sent  up  for  my  allowance  thereof, 
upon  which  I  considred,  that  it  was  not  consistant  with  the 
honr.  of  the  Crown,  neither  could  I  expect  to  pass  with  out 
my  conduct  being  called  in  question,  if  I  had  allow'd  him 
to  remaine  Speaker,  since  he  had  behav'd  himselfe  so 
obstinately  in  the  former  Assembly,  so  that  I  disallow'd  of 
Mr.  Wear  being  Speaker,  and  directed  the  Houss  to  proceed 
to  the  choice  of  another  Speaker,  which  they  refused  to  do 
for  ten  dayes,  ocationed  by  Wear's  obstinant  humer,  in  fine 
they  came  into  it  and  made  choice  of  Andrew  Wlggan  Esqr. 
for  there  Speaker,  I  think  an  honest  man,  but  that  affair  made 
a  party  in  the  Houss,  soon  after  with  some  other  votes  they 
sent  up  a  vote  for  emitting  30,000  pounds  paper  bill  of  credit. 
I  treated  them  with  all  calmness  and  let  em  know  that  it  was 
not  in  my  power,  for  that  the  King  had  commanded  me  not 
to  emit  any  more  paper  bills  of  credit  then  the  insident  charges 
of  the  Governt.  cal'd  for,  they  insisted  some  time  thereupon, 
they  thot  I  might  run  the  hazard,  and  break  through  the 
King's  Instructions,  I  assured  them  I  would  not  be  guilty  of 
so  greate  a  breach  of  trust,  for  which  reason  they  voted  me 
for  the  last  years  salery  but  sixty  seven  pounds  sterling,  so 
that  I  must  have  wanted  bread,  had  I  not  of  my  own.  Our 
people  begin  to  coppy  after  the  Massachusets.  I  pray  your 
Lordships  to  consider  my  circumstances,  the  Government 
cant  be  supported  with  that  honr.  as  it  might  (and  ought  to 
be)  when  the  Governt.  depends  on  the  capricious  humers  of 
some  designing  people  for  there  bread.  The  Governours  here- 
tofore, have  insisted  on  the  Generall  Assembly  affixing  a 
sallery,  and  so  have  I  don  many  a  time  but  to  no  purpose, 


AMERICA  AND   WEST  INDIES.  153 

1728. 

and  when  they  do  give  us  anything  its  allwayes  at  the  end  of  the 
Session  and  the  last  thing  they  do,  so  that  we  are  kept  depend- 
ing. This  my  Lords  is  the  true  state  of  the  affair.  I  pray 
your  consideration  thereon  that  I  may  have  some  releife  by 
an  Order  from  H.M.  strongly  worded  etc.  I  have  spent  of  my 
own  estate  near  three  thowsand  pounds  of  this  money,  more 
then  ever  I  reed :  from  the  Governmt.  which  is  verry 
discorraiging,  altho'  the  Governt.  is  small  yet  it  takes  up 
most  of  my  time  in  the  servis,  I  depend  on  your  Lordships 
favour  that  I  may  not  allwayes  be  obleigd  to  live  upon  my 
selfe.  I  observe  what  your  Lordships  are  pleased  to  say  in 
answer  to  that  part  of  my  letter  of  ye  7th  Augt.  that  mentions 
the  want  of  a  paper  credit,  I  hope  I  am  understood  right  when 
I  mention  the  300,000  pounds  more  then  what  was  then  out, 
in  order  to  give  a  new  life  to  trade,  I  intended  the  Massechusets 
Governt.  as  well  as  this  25  or  30,000  more  then  what  we  have 
now  but  would  be  sufficient  for  this  Governt.  which  would 
bring  it  to  about  50,000,  for  we  have  not  above  20,000  now 
out  in  the  whol  Governt.  of  New  Hampshire.  Its  a  small 
matter  not  more  then  7000  sterling,  tho'  the  sum  be  small 
yet  its  a  help  to  our  trade,  and  if  H.M.  would  be  pleased  to 
indulge  us  with  25  or  30,000  more  it  would  greately  incorrage 
Trade,  and  allso  the  settlemt.  of  the  out  lands,  and  the  better 
enable  us  to  defend  our  selves  against  the  Indians  when  ever 
they  may  make  a  war  upon  us,  tho'  they  are  very  quiet  at  for 
the  present,  there  seems  to  be  a  greater  necessity  for  strikeing 
more  paper  credit  now  then  for  many  years  past,  my  reason 
is  this,  that  some  of  our  over  grown  men  have  horded  up  the 
money  to  make  an  advantage  thereof  on  the  pore  and  midling 
sort  of  people  when  there  mortgages  are  out  which  is  with  a 
yeare  or  less,  now  the  makeing  more  would  obleige  those  usurers 
to  onlock  there  cofers,  by  which  the  pore  and  midling  people 
wo'd  be  releived.  I  herewith  inclose  the  Journalls  of  our 
Generall  Assembly  from  December  1727  to  May  1728,  and  the 
Acts  then  passed.  In  the  year  1723  we  past  a  Tryaniall  Act 
for  Ellection  of  Assembly-men,  but  with  a  saveing  claws  therein, 
that  H.M.  pleasure  should  be  first  known,  and  that  lying  ever 
since  under  consideration  and  the  people  being  verry  desierous 
of  being  indulged  therein  and  considering  what  H.M.  had 
favourd  many  of  his  subjects  at  home  and  abroad  in  the 
Plantations,  and  since  it  had  layen  so  long  a  time  it  is  pre- 
sumed that  if  it  had  been  disagreable  to  H.M.  his  disallowance 
thereof  had  been  long  since  made  known.  The  Act  dos  not 
take  place  untill  the  year  1731,  so  that  in  case  H.M.  dos  not 
approve  of  what  I  have  don  in  the  prmises,  there  will  be  time 
enough  to  repeale  said  Act,  I  have  allso  repealed  the  Riott 
Act  which  was  greiveous  to  many,  since  we  have  not  a  man 
in  all  this  Govermt.  that  hath  shewd  himselfe  in  the  least 
disaffected  to  our  late  Sovereign  King  George  the  First  of 


154 


COLONIAL   PAPERS. 


1728. 

blessed  memory,  and  much  less  so  in  the  prsent  King  George 
the  Second's  time,  we  haveing  verry  good  laws  besides  to 
punish  such  like  offenders,  the  people  of  this  Province  being 
allwayes  noted  for  there  loyalty  were  verry  desierous  to  have 
that  law  repealed,  it  being  as  they  thot  a  greate  reflection  on 
them.  I  hope  your  Lordships  will  think  favourably  of  me  for 
what  I  have  don  therein.  We  expect  Governr.  Burnet  at  Boston 
in  fiften  dayes  which  conclud  my  long  epistle  for  which  I  aske 
your  Lords  pardon  and  patience.  Signed,  Jno.  Wentworth. 
Endorsed,  Reed.  22nd  Aug.,  1728,  Read  23rd  May,  1729. 
Holograph.  3  pp.  Enclosed, 

303.  i.  Account  of  powder  and  stores,  Fort  William  and  Mary, 
Newcastle,  N.H.,  May,  1728.  Signed,  Richard  Perry, 
Gunner,  J.  Wentworth.  Endorsed  as  preceding.  2|  pp. 
[C.O.  5,  870.  ff.  (with  abstract)  234—235,  237— 239v.] 

[June  .J  304.  Claims  by  British  merchants  and  shippers  on  account 
of  ships  and  goods,  bound  for  America  and  the  West  Indies, 
seized  by  Spanish  men  of  war  and  privateers  in  1727.  Endorsed, 
Reed.  Read  13th  June,  1728  etc.  [C.O.  388,  27.  ff.  196—301.] 


July  1. 

St. 
Christophers. 


July  2. 

Whitehall. 


305.  Mr.  Willett  to  Mr.  Popple.   In  reply  to  his  letter  relating 
to  his  complaint    against    Lt.    General    Mathew  explains  that 
they  have  accommodated  their  difference,  which  arose  from  the 
Lt.  General  thinking  that  his  protest  in  Council  reflected  on  his 
administration,  which  he  never  meant.   He  has  resigned  his  seat 
in  Council  owing  to  declining  health  and  private  affairs.  This  was 
not    occasioned    by    Governour    Mathew's    behaviour  to    him. 
"  I  had  writ  my  friends  in  London  of  this  my  purpose  many 
months  before  ;  that  I  might  be  left  out  of  my  Lord  London- 
derry's Instructions."    Signed,  John  Willett.    Endorsed,  Reed. 
Read  8th  Oct.,  1728.     I  p.     [C.O.  152,  16.    ff.  357,  858v.] 

306.  Duke  of  Newcastle  to  the  Council  of  Trade  and  Plant- 
ations.   It  having  been  represented  to  H.M.  that  there  is  great 
occasion  for  an  Engineer  at  Jamaica,  for  the  raising  and  repair- 
ing such  works,  as  are  judged  necessary   for  the  defence  and 
security  of  that  Island,  H.M.  out  of  a  tender  regard  to  the  good 
and  safety  of  his  subjects  there,  is  pleased  to  allow  that  Mr. 
Lilly  should  attend  that  service  etc.   But  in  regard  to  the  extra- 
ordinary charge  of  his  going  and  residing  there,  it  is  expected 
that  he  should  be  paid  20s.  per  diem,  which  is  the  allowance 
that  has  been  constantly  made  to  Engineers  in  the  West  Indies, 
and  his  pay  here  being  no  more  than  £200  pr.  ann.,  H.M.  judges 
it  proper,  that  Major  General  Hunter  should  be  directed  to 
recommend  it  to  the  General  Assembly  of  Jamaica  to  allow 
him  the  difference  etc.  You  are  to  prepare  an  Instruction  accord- 
ingly for   H.M.   approbation   etc.      Signed,   Holies   Newcastle. 
Endorsed,  Reed.  Read  July  3,  1728.   2 pp.   [C.O.  137,  17.  ff.  43, 

'.,  440.] 


AMERICA  AND   WEST  INDIES. 


155 


1728. 
July  3. 

New  York. 


307.  Governor  Burnet  to  the  Council  of  Trade  and  Plant- 
ations. Has  received  his  Commissions  and  Instructions  etc. 
and  is  preparing  to  go  to  Boston  with  all  possible  dispatch. 
Gives  account  of  12  Acts  passed  in  the  last  Sessions.  Regrets 
to  learn  that  the  Board  is  still  apprehensive  that  the  sinking 
fund  was  not  complete  without  the  interest,  and  that  the  credit 
of  the  bills  would  suffer  by  applying  it  another  way.  Encloses 
certificates  to  show  that  the  value  of  Jersey  money  is  still 
encreasing.  Encloses  printed  acts  and  minutes  of  the  Session, 
"  in  which  your  Lordships  will  observe  that  there  were  more 
contests  than  have  ever  happened  before,  and  that  the  Council 
have  moderated  and  refused  several  unreasonable  things 
proposed  by  the  Assembly  "  etc.  Set  out,  N.J.  Archives  1st 
Ser.  V.  190.  Signed,  W.  Burnet.  Endorsed,  Reed.  9th  Oct., 
Read  13th  Nov.,  1728.  9  pp.  Enclosed, 

307.  i.  Certificate  of  merchants  of  Perth  Amboy  that  New 
Jersey  proclamation  money  has  risen  so  that  one  pound 
currently  passes  at  £l.  Is.  3d.  New  York  money. 
18th  May,  1728.  24  signatures.  1  p. 

307.  ii.  Certificate  that  the  Signatories  of  preceding  are  the 
chief  traders  of  Perth  Amboy  etc.  18th  May,  1728. 
Signed,  John  Parker,  Mayor  of  Perth  Amboy.  £  p. 
307.  iii.  Certificate  by  Merchants  of  New  York,  confirming 
encl.  No.  i.  1st  June,  1728.  Signed,  Rip  van  Dam  and 
10  others,  f  p. 

307.  iv.  Certificate  that  the  signatories  of  preceding  are  of  the 
chief  traders  of  New  York  etc.  29th  June,  1728.  Signed, 
Robt.  Lurting,  Mayor  of  New  York.  Seal  of  City  of 
New  York  \p. 

Nos.  i  —  iv  endorsed,  Reed.  9th  Oct.,  1728. 
307.   v.  Act  of  New  Jersey,   1698,   declaring  the  rights  and 
privileges  of  the  subject    etc.     Endorsed  as  preceding. 
Copy.  3  pp.    [C.O.  5,  972.   ff.  159—163,  164,  165,  166, 


July  4. 

Whitehall. 


July  4. 

Hampton 
Court. 


July  4. 
Whitehall. 


308.  Council  of  Trade  and  Plantations  to  Governor  the 
Earl  of  Londonderry.      Enclose  for  publication  Order  repealing 
Act  of  St.  Kitts  repealing  Act  for  settling  £2000  etc.  (12th  June). 
Conclude  :    We  shall   be   glad  to  hear  of  your  Lordship's  safe 
arrival.     [C.O.  153,  14.  pp.  403,  404.] 

309.  Order  of  King  in  Council.    Referring  to  a  Committee 
of  the  Council  the  Representation  of  27th  June  with  draughts  of 
Instructions  to  Governor  Worsley.     Signed,  Edward  Southwell. 
Endorsed,  Reed.  19th  Oct.,  Read  20th  Nov.,  1728.  I  p.  [C.O.  28, 
20.  //.  66,  670.] 

310.  Council   of  Trade   and   Plantations   to   the   Duke   of 
Newcastle.     Enclose  following  to  be  laid  before  H.M.    Annexed, 


156 


COLONIAL   PAPERS. 


1728. 


July  4. 

Whitehall. 


July  4. 

Barbados. 


July  4. 

Whitehall. 


July  9. 

Whitehall. 


July  9. 

Annapolis 
Royal. 


310.  i.  Same  to  the  King.  Submit  following. 

310.  ii.  Additional  Instruction  to  Governor  Hunter,  requiring 
him  to  move  the  Assembly  for  an  additional  salary  of 
£165,  to  make  up  his  pay  to  20s.  per  diem,  for  Col.  Lilly, 
Engineer,  whilst  employed  in  the  service  of  that  Island 
etc.  (v.  2nd  July).  [C.0.  138,  17.  pp.  242—244.] 

31  1  .  Mr.  Popple  to  Mr.  Fane.  Encloses,  for  his  opinion  in 
point  of  law,  19  Acts  of  the  Massachusets  Bay,  1727,  (titles 
given).  [C.O.  5,  916.  pp.  166—  169  ;  and  1729,  Copy.  I  p.  28.] 


312.     Extract    of   letter   from     Mr.    Forbes    to     [? 


—  ]. 

Confirms  his  previous  statement  as  to  numbers  settled  on  Sta. 
Lucia.  There  are  now  upwards  of  1200  French  family  s  there 
and  daily  increasing.  They  are  very  curteous  and  civil  to  the 
few  English  amongst  them,  but  it  may  be  justly  feared,  that  the 
very  first  opportunity  they'l  readily  embrace  to  dispossess 
them  etc.  Endorsed,  Reed,  (from  Mr.  Wood),  Read  llth  Dec. 
1729.  Copy.  lp.  [C.O.  28,  21.  Jj.  22,  22u.] 

313.  Mr.  Popple  to  Mr.  Attorney  and  Solicitor  General. 
Encloses  Act  of  New  York,  1727,  for  preventing  prosecutions  by 
informations,  for  their  opinion  in  point  of  law.  [C.O.  5,  1125. 

' 


314.  Council  of  Trade  and  Plantations  to  the  King.  Propose 
Joseph  Pilgrim  for  the  Council  of  Barbados  in  the  room  of  George 
Lillington  (t;.  27th  June),  who  by  reason  of  his  ill  state  of  health 
and  the  disposition  of  his  affairs  does  not  design  returning  etc. 
[C.O.  29,  15.  p.  96.] 

31  5.  Lt.  Governor  Armstrong  to  the  Duke  of  Newcastle. 
Refers  to  letter  Nov.  17th  etc.  Scarce  anything  material  has 
occurred  since  etc.  The  French  inhabitants  continue  still  in  the 
same  temper  and  disposition  of  making  no  submission  to  H.M.  etc. 
As  an  aggravation  of  their  crime  I  can  add  that  notwithstanding 
they  have  had  the  way  open  to  reconcile  themselves  to  the 
Governmt.  pursuant  to  a  Minute  of  Council,  13th  Nov.  last,  by 
admitting  them  to  swear  allegiance  to  H.M.  on  their  requiring  the 
same,  yet  the  success  has  not  answer'd  my  good  intention  for 
not  above  two  or  three  have  taken  the  benefit  thereof.  I  think 
they  have  an  insuperable  aversion  to  the  English  Nation  both 
Church  and  State  and  as  they  are  become  a  great  people  I  hope 
the  wisdom  of  the  Government  will  speedily  see  cause  to  curb  their 
insolence  and  reduce  them  to  their  duty  before  the  task  becomes 
much  harder  by  the  dayly  increase  of  their  strength  and  number 
which  is  already  very  considerable  etc.  The  great  lenity  of  the 
Governmt.  is  in  some  measure  the  cause  of  the  peoples  disobed- 
ience, for  I  have  no  warrant  nor  authority  by  H.M.  Royal 


AMERICA  AND   WEST  INDIES.  157 

1728. 

Commission  and  Instructions  to  Governor  Philipps,  to  proceed 
further  against  them  that  refuse  the  oaths  than  only  to  debar 
them  from  fishing  during  H.M.  pleasure,  which  restraint  many 
of  them  are  willing  to  bear  with  in  hopes  of  some  speedy  revolu- 
tion or  change  of  Governmt.  which  they  are  encouraged  by  their 
priests  and  neighbouring  French  Governors  to  look  for  very 
soon.  However  I  can  hardly  think  that  when  matters  are  brought 
to  the  push,  either  to  swear,  or  go,  that  they  will  persist  in  their 
disobedience  so  far  as  to  quitt  their  plantations  and  improve- 
ments to  settle  new  Colonies,  tho  they  want  neither  invitations 
nor  promises  from  the  Islands  of  Cape  Breton  and  St.  Johns 
for  that  purpose.  I  acquainted  your  Grace  in  my  last  of  several 
murthers  and  robberys  committed  by  the  Indians  in  this 
Province  and  Newfoundland  last  fall  which  manifestly  appear  to 
have  been  done  through  the  instigations  if  not  by  the  assistance 
of  the  French.  I  am  since  advised  that  a  great  body  of  those 
people  made  an  appearance  near  Canso  last  winter  as  if  they 
intended  to  attempt  some  mischief  but  at  last  retired  without 
committing  any  hostilitys.  On  the  month  of  May  last  an  Indian 
tribe  consisting  of  about  26  men  under  the  command  of  3  or  4 
of  their  Sachems  from  the  village  of  Meductoo  an  Indian  settle- 
ment of  50  odd  leagues  up  the  River  of  St.  Johns  came  here  to 
ratifye  the  peace  concluded  at  Boston  and  to  make  their 
submission  to  the  Governmt.  Whereupon  I  advisd  with  the 
Commission  Officers  here  in  garrison  about  their  treatment  and 
reception.  Who  were  unanimously  of  opinion  that  they  should  be 
handsomely  entertained  while  they  staid  and  at  their  going  away 
should  receive  some  testimonies  and  marks  of  H.M.  bounty  in 
regard  that  they  were  the  first  of  the  upper  villages  who  had  been 
here  to  pay  their  respects  to  the  Governmt.,  upon  which  I  made 
them  several  presents  and  entertained  them  for  several  days  and 
at  last  sent  them  away  very  well  satisfied.  As  I  have  not  any 
allowance  for  this  nor  any  other  chargeable  service,  I  beg  leave 
to  acquaint  your  Grace  that  without  some  methods  are  used 
to  satisfy  the  covetous  desires  of  the  Indians  it  will  be  impossible 
to  retain  them  in  H.M.  interest  or  wean  their  affections  from  the 
French.  All  the  charges  of  the  Government  I  have  hitherto 
born  without  either  allowance  for  the  same,  or  salary.  I  can 
sincerely  affirm  notwithstanding  these  discouragements,  I  have 
never  been  backward  to  contribute  both  my  money  and  credit 
to  support  H.M.  interest,  which  I  hope  your  Grace  will  believe 
is  what  I  have  most  at  heart,  notwithstanding  the  forgerys  and 
insinuations  of  selfish  malicious  men,  has  been  the  principal  aim 
of  my  actions.  Signed,  L.  Armstrong.  Endorsed,  Rd.  Nov.  18th. 
4pp.  [C.O.  217,  38.  No.  17.] 

July  9.          31 6.     Same  to  the  Council  of  Trade  and  Plantations.    Dupli- 
Annapoiis     cate  of  preceding,  mutatis  mutandis.     Signed,    L.    Armstrong. 

Boyal. 


158 


COLONIAL  PAPERS. 


1728. 


July  12. 

Annapolis 
Royal. 


July  15. 

Antego. 


Endorsed,  Reed.  14th  Nov.  1728,  Read  23rd  May,  1729.  4  pp. 
fC.O.  217,  5.  ff.  114—1150.,  116r.  ;  and  (abstracts)  217,  30. 
pp.  31—33.] 

317.  Lt.  Govr.  Armstrong  to  Mr.  Stanion.     Is  disappointed 
at  not  having  heard  from  him  as  to  the  reception  of  his  packet  by 
Capt.  Bennett,  or  received  instructions  etc.     Refers  to  complaints 
against  him  "  by  two  or  three  malitious  traders  in  this  Province, 
although  not  exhibited,  but  lodged  in  the  hands  of  Govr.  Philipps 
who  only  wants  a  proper  opportunity  off  makeing  his  own  use  of 
them  to  my  prejudice.    This  as  well  as  ye  unsettled  state  of  this 
Province  makes  me  very  uneasy  and  oblidges  me  to  desire  your 
interest  to  gett  me  the  Kings  leave  of  abscence  to  come  home  to 
settle  my  affaires  "  etc.    Signed,  L.  Armstrong.    Endorsed,  Rd. 
Nov.  18th.    Addressed.    Sealed.    %p.    [C.O.  217,  38.  Wo.  18.] 

318.  Lt.   General  Mathew  to  Mr.   Popple.      Acknowledges 
letter  of  8th  Feb.  Continues  : — I  am  under  a  very  great  concerne 
for  having  sent  the  publick  papers  open  to  the  Agents  etc.  I  never 
shall  be  guilty  of  the  like  fault  again,  etc.     Encloses  duplicate  of 
May  20th  etc.    Continues  : — I  have  no  copy  of  Mr.  Greatheed's 
petition,  so  as  to  know  what  he  alledges  against  me  etc.  When  he 
calls  upon  me  I  shall  be  ready  to  join  with  him  in  having  the 
proper  affidavits  mutually  made,  as  their  Lordships  direct.     I 
have  long  since  sent  to  Mr.  Meure  proofs  upon  oath  to  justify 
every  particular  of  the  information  I  had  receiv'd  against  him, 
which  I  should  have  been  glad  their  Lordships  had  ordered  his 
laying  before  them.    I  know  no  more  of  that  affair  than  I  did  then 
etc.    As  to  Mr.  Willett,  there  was  too  much  warmth  on  both  sides 
etc.   I  was  loth  to  give  their  Lordships  my  account  of  that  matter 
from  a  remaining  concerne  still  in  me  for  a  most  dear  friend  that 
had  been  torne  from  me.    We  have  been  for  some  months  past 
on  terms  of  reconciliation,  and  now  there  remains  nothing,  but  to 
obtain  from  their  Lordships,  that  all  that  matter  may  be  forgot, 
without  prejudice  to  Mr.   Willett' s  character,   or  mine.      The 
present  state  of  the  Leeward  Islands  I  intended  to  lay  before 
their  Lordships,  contains  so  much  of  my  own  way  of  thinking 
as  to  these  Islands  and  I  am  grown  so  out  of  conceipt  with  it, 
that  I  pray  to  be  excus'd  from  exposing  myself  by  laying  such 
notions  before  them,  as  I  once  weakly  intended.     The  Antego 
duplicate  acts  (sent  to  Mr.  Yeamans)  are  neither  of  them  signed  by 
the  Clerk  of  the  Council,  but  only  by  the  Clerk  of  the  Assembly  ; 
I  cou'd  not  persuade  Mr.  Wavell  Smith,  the  Secretary  to  signe 
'em.     He  is  at  variance  with  the  Clerk  of  the  Assembly,  from 
whom  I  had  these  as  usual,  insisting  that  the  drawing  these 
acts  belonged  to  his  office  ;  the  other  insists  they  belong  to  him, 
and  I  am  forced  to  send  them  as  they  are,  or  else  not  at  all. 
Mr.  Smith  promised  to  give  me  his  reasons  in  writing,  but  he 
disappointed  me  etc,   Encloses  Minutes  of  Council  of  Montserrat, 


AMERICA  AND   WEST  INDIES.  159 

1728. 

16th  Jan. — 2fith  Feb.  last.  It  is  impracticable  for  me  to  get 
from  Mr.  Smith  and  his  Deputys  the  Minutes  that  I  am  required 
by  the  Instructions  to  send  from  time  to  time  :  I  write  and  speak 
incessantly,  but  to  no  purpose,  and  as  to  the  abstracts  of  proceed- 
ings in  the  Courts  of  King's  Bench  and  Common  Pleas,  Oyer  and 
Terminer  etc.  I  can  get  no  other  answer  from  him,  but  that  he 
does  not  know  how  to  be  paid  for  them,  nor  will  let  me  have 
them.  He  says  the  Clerks  of  the  Offices  at  home  told  him,  that 
instruction  was  obsolete,  and  more  for  forme  sake  than  for  any 
use  they  can  be  of  at  home,  that  they  are  never  sent,  that 
he  will  give  me  a  memorial  on  it  in  Council,  that  his  clerks  are 
sick,  that  Lord  Londonderry  will  be  here  soon  etc.  This  is  all 
I  can  get  from  him  etc.  Signed,  William  Mathew.  Endorsed, 
Reed.  21st  Oct.  1728,  Read  28th  March,  1729.  If  pp.  [C.O. 
152,  17:  ff.  9,  9i>.,  Wv.] 

July  16.         319.     Council   of  Trade   and   Plantations   to   the   Duke   of 

Whitehall.     Newcastle.  Enclose  following.  Annexed, 

319.  i.  Same  to  the  King.  Enclose  draughts  of  Commission  and 
Instructions  for  Governor  Philipps.  Continue  :— We 
have  inserted  the  same  powers  formerly  granted  by  his 
late  Majesty  to  Colo.  Philipps,  save  only  that  in  the 
draught  of  Instructions,  we  have  added  one  con- 
formable to  your  Majesty's  Order  in  Council,  28th 
March,  directing  him  to  be  aiding  and  assisting 
your  Majesty's  Surveyor  General  of  Woods  etc. 
in  preventing  the  destruction  of  them  in  Nova  Scotia, 
and  in  punishing  such  as  shall  be  found  offending 
therein.  We  have  likewise  omitted  the  34th  clause, 
concerning  the  fortifications  at  Placentia,  and  the 
removal  of  part  of  the  Garrison  from  thence,  the 
design  of  that  Instruction  being  already  complied  with ; 
some  further  alterations  may  perhaps  hereafter  be 
thought  proper  to  be  made  both  in  the  said  Commission 
and  Instructions.  But  we  thought  it  our  duty  to  frame 
these  upon  the  former  plan,  till  such  time  as  your 
Majesty  shall  be  graciously  pleas' d  to  declare  your 
Royal  pleasure  upon  the  Representations  formerly 
made,  more  particularly  that  of  7th  June,  1727,  upon 
the  methods  for  encouraging  your  Majesty's  subjects 
to  settle  in  Nova  Scotia,  for  establishing  the  form  of  a 
Civil  Government  there,  and  likewise  for  the  preser- 
vation of  your  Majesty's  woods  in  that  country. 
Autograph  signatures.  I  p.  Enclosed, 

319.  ii.  Draught  of  Commission  for  Richard  Philipps  to  be 
Governor  of  Placentia  and  Nova  Scotia  or  Accadie. 
v.  preceding. 

319.  iii.  Governor  Philipps'  Instructions,  v.  preceding.  32 
Articles.  Articles  33 — 35,  directing  the  encouragement 


160  COLONIAL   PAPERS. 

1728. 

of  inhabitants  of  Newfoundland  to  remove  to  Nova 
Scotia,  and  the  garrison  at  Placentia,  are  deleted. 
Signed,  C.R.,  C.R.,  (Caroline,  Queen,  Guardian  of  the 
Realm).  Kensington,  1st  July,  1729.  [C.O.  218,  2. 
pp.  81 — 119  ;  and  (covering  letter  only]  194,  23.  No.  34.] 

July  17.  320.  Lt.  Governor  Mathew  to  Mr.  Popple.  Mr.  Meure 
Antego.  writes  me  their  Lordships  are  greatly  displeas'd  at  me  for  passing 
the  act  to  repeal  Governor  Hart's  settlement  of  £2000  a  year  ; 
that  it  is  charg'd  upon  me,  as  an  effect  of  malice  and  resentment, 
a  breach  of  H.M.  instructions,  and  on  a  false  foundation.  I 
wish  Mr.  Hart  had  stay'd  here  to  this  day,  rather  than  I  should 
thus  have  incur'd  their  Lordships  displeasure  ;  the  chief  com- 
mand has  been  far  from  a  lucrative  one  to  me,  and  given  me 
sufficient  uneasyness,  from  the  perverse  contradictions  I  have 
met  with  in  opposition  to  every  publick  service  ;  for  I  have 
pursued  nothing  for  myself.  The  foundation  for  which  was  layd 
before  Governor  Hart  went  home,  and  constantly  kept  on  foot 
by  letters  containing  paragraphs  of  mine  to  their  Lordships  ;  and 
even  one  of  those  letters  inform'd  the  people  of  St.  Christophers 
(to  raise  an  odium  against  me)  that  Mr.  Meure  at  home  actually 
presented  a  memorial  to  their  Lordships  of  the  Board  of  Trade 
craving  their  Lordships  leave  for  my  obtaining  a  most  exorbitant 
thousand  pound  a  year  over  and  above  the  two  thousand  given 
to  Governor  Hart  etc.  Mr.  Butler  on  a  very  publick  occasion 
charged  me  with  it,  in  the  most  insolent  manner  ;  and  upon  my 
denying  it,  urged  the  authority  of  his  information,  even  to  giving 
me  the  lye.  I  have  really  thus  much  to  say,  as  to  my  passing 
that  act ;  if  it  was  ever  confirm'd  at  home  by  H.M.,  'twas  more 
than  I  ever  knew,  or  any  one  man  in  the  Government  else  ;  when 
acts  are  confirm'd  by  H.M.,  that  confirmation  is  allways  notified 
to  the  Council  at  least,  and  enter'd  in  the  Council  books  ;  such 
notification  or  entry  I  do  aver  was  never  made  here  etc.  Governor 
Hart's  resignation  of  that  present  from  the  Island  was  so  publick, 
so  solemne  and  so  frequent,  that  I  cannot  believe  what  I  now 
heare  from  England,  that  he  should  forget  it.  I  do  aver  as  a 
fixed  truth  that  the  whole  purport  of  that  act  was  only  to 
strengthen  that  renunciation,  against  a  law,  that  it  was  imagin'd 
in  case  of  his  death,  his  executrs.  would  set  up  against  the 
Island  ;  no  one  person  ever  imagin'd  that  it  would  obviate  a 
claim  of  Governor  Hart's  own,  for  no  one  believ'd  he  ever  would 
make  one  ;  The  law  went  through  both  Houses  I  may  say 
almost  unanimously  ;  there  was  but  one  single  objection  made 
to  it,  and  that  was  by  Mr.  Willett  his  chief  friend,  in  both  Houses  ; 
the  only  objection  he  made  was,  that  if  Mr.  Hart  should  returne 
again  Chief  Governor,  his  renunciation  then,  (which  could  only 
be  meant  during  his  absence  or  in  case  of  his  removal)  would 
determine  ;  but  Mr.  Willett  added  then  in  words  (for  he  was  a 
witness  to  that  renunciation)  that  if  Mr,  Hart  did  not  returne, 


AMERICA  AND   WEST   INDIES.  161 

1728. 

he  did  not  think  he  could  in  honour  ask  or  claim  that  settlement 
during  his  absence.  And  then  Mr.  Willett  was  reminded  of  the 
following  circumstance  to  convince  him,  that  if  ever  Governor 
Hart  should  returne  he  would  abate  of  his  expectations  from  the 
Island.  A  very  little  while  before  Governor  Hart  embark'd  for 
England,  and  when  Lord  Londonderry  was  even  then  dayly 
expected,  he  was  pleased  to  make  in  Council  the  following 
declaration  ;  That  upon  his  removal  he  should  become  a  planter, 
a  brother  inhabitant  of  the  Island,  that  if  the  Council  pleas'd 
the  doors  might  be  shutt,  that  he  was  convinced  the  provision 
of  £2000  a  year  made  for  him  was  exorbitant  and  a  burthen  too 
heavy  for  the  Island  to  bear,  and  that  he  was  ready  then  to  joine 
with  the  Council  in  any  methods  could  be  contrived  to  prevent 
such  extortions  for  the  future  etc.  Continues : — I  submit  whether 
etc.  after  this  resignation  and  declaration,  my  passing  an  act  to 
confirme  both  could  give  me  the  least  apprehensions,  that  I 
should  thereby  incurr  their  Lordships'  displeasure.  Mr.  Soulegre 
and  Pym,  Members  of  H.M.  Council  are  now  in  London,  Gentle- 
men of  inviolable  truth  and  great  worth ;  I  pray  I  may  be  either 
condemn'd  or  acquitted  by  their  confirming  to  their  Lordships 
viva  voce,  or  denying  any  one  circumstance  abovemention'd  etc. 
Continues  : — I  have  not  broke  the  Instruction,  that  says  I 
shall  do  nothing  to  lessen  H.M.  revenue  ;  for  this  repealing  act 
only  alters  the  application  etc.  Refers  to  enclosures.  Continues  : — 
The  transactions  of  those  days  and  the  debates  were  publick 
enough.  The  secresy  recommended  by  Governor  Hart  was  not 
join'd  in  by  the  Board  ;  and  the  Councellors'  oath  is  only  to 
keep  secret  such  debates  as  the  Council  shall  resolve  shall  be  so 
kept.  I  have  supported  the  Government  most  expensively, 
and  from  the  publick  occasion  of  H.M.  accession  and  other 
publick  days  'twas  unavoidable  ;  I  have  nothing  but  the  half 
of  the  sallary  of  Chief  Governor  and  the  £200  a  year  as  Lt. 
Governor,  from  H.M.  ;  I  have  receiv'd  nothing  for  upwards  of 
five  years.  Their  Lordships  then  must  certainly  know  my  own 
estate  alone  must  have  supported  me.  The  island  of  St.  Christ- 
ophers its  true  makes  me  a  small  present  of  £200  sterling  a  year. 
If  Governor  Hart  has  his  £2000  a  year,  I  hope  their  Lordships 
will  permit  my  endeavouring  on  Sr.  Philipp  York's  opinion  to 
recover  half  of  it  from  him  etc.  Signed,  William  Mathew. 
Endorsed,  Reed.  9th  Nov.,  1728,  Read  28th  March,  1729.  2|  pp. 
Enclosed, 

320.  i.  Deposition  of  Francis  Phipps.  St.  Christophers,  29th 
June,  1728.  Deponent  heard  Governor  Hart  declare 
in  Council  that  he  was  now  becoming  a  planter  and 
ready  to  join  with  them  to  relieve  the  Island  from  the 
intolerable  oppression  of  the  settlement  of  £2000  a 
year  they  had  till  then  made  on  him,  which  the  island 
could  not  afford  etc.  Signed,  Francis  Phipps.  £  p. 

o.p.  xxxvi— 11 


162 
1728. 


July  18. 

Whitehall. 


July  18. 
Whitehall. 


July  18. 

Whitehall. 

July  20. 

Barbados. 


COLONIAL  PAPERS. 


320.  ii.  Deposition  by  Same.  Deponent  has  often  heard 
several  Members  of  Council  say  that  Governor  Hart 
declared  in  Council  that  he  would  remit  the  settlement 
of  £2000  pr.  annum  made  on  him,  from  the  time  of  his 
departure  etc.  It  appearing  by  the  Treasurer's  account 
that  part  of  the  money  appropriated  by  Governor  Hart's 
act  of  settlement  had  been  applied  for  other  services 
of  the  public,  Mr.  Willett  in  Council  said  he  did  not 
think  Governor  Hart  would  ever  demand  or  receive 
it,  but  his  executors  might,  and  he  therefore  thought 
the  most  proper  method  would  be  to  repeal  that  act 
etc.  Signed,  Francis  Phipps.  f  p. 

320.  iii  &  iv.  Deposition  of  William  Pym  Burt.  St.  Christo- 
phers, 1st  July,  1728.  Confirms  and  amplifies  Nos. 
iandii.  Signed,  William  Pym  Burt.  I  p.  and^p. 

320.  v.  Deposition  of  James  Losack.    St.  Christophers,  June 

13th,  1728.  Deponent  cannot  find  any  entry  in  the 
Council  books  of  the  confirmation  of  the  Act  for 
settling  £2000  per  annum  on  Governor  Hart  etc.  Signed, 
James  Losack,  Depty.  Secry.  1%  pp.  Endorsed,  Reed. 
(from  Mr.  Meure)  7th  Nov.  1728.  Nos.  i — v  endorsed, 
Reed.  9th  Nov.,  1728.  [C.O.  152,  17.  ff.  11—13,  14, 
15,  16,  17,  I7v.,  I8v.,  22v.] 

321 .  Council  of  Trade  and  Plantations  to  the  Duke  of  New- 
castle. Enclose  following,  to  be  laid  before  the  King.     Autograph 
signatures.  Ip.  Enclosed, 

321.  i.  Extract  of  Governor  Hunter's  letter,  4th  May,  relating 

to  Spanish  privateers.  [C.O.  137,  46.  Nos.  52,  52.  i  ; 
and  (without  enclosure)  138, 17.  p.  245.] 

322.  Bryan  Wheelock  to  William  Popple.    Having  in  your 
brother's  absence  got  copies  prepared  of  the  representations  of 
28th  Sept.  1717  and  20th  June,  1728,  as  desired  by  H.E.  Mr. 
Walpole  by  your  letter  of  13th  inst.  N.S.  with  a  schedule  annexed 
etc.,  I  have  this  day  sent   the  same    to  Mr.  Delafaye  to   be 
despatch'd  to  you  by  the  first  messenger.     [C.O.  389,  28.   p.  263.] 

323.  Mr.  Wheelock  to  Mr.  Delafaye.      Encloses  copies  of 
representations  as  preceding.   [C.O.  389,  28.  pp.  362,  363.] 

324.  Governor  Worsley  to  the  Duke  of  Newcastle.     After 
I  had  several  times  prorogued  the  last  General   Assembly  etc., 
that  there  might  be  sufficient  time  to  pass  a  new  Excise  Act  etc. 
(v.  9th  April),  I  dissolved  the  said  Assembly,  18th  June,  and  by 
the  advice,  and  consent  of  H.M.  Council,  called  a  new  one  to 
meet  the  13th  July,  when,  they  accordingly  met,  and  again 
choses  Collo.  Peers  their  Speaker ;  Whilst  there  was  no  Assembly 
sitting  the  Countrey  was  pretty  quiet,  but  upon  this  last  election, 


AMERICA   AND   WEST   INDIES. 


163 


1728. 


July  20. 

Barbados. 


July  22. 

Horse 
Guards. 


July  22. 

Hampton 
Court. 


the  former  spirit  of  faction  broke  forth,  and  the  general  cry  was, 
for  the  good  of  their  eountrey ;  Upon  their  first  meeting,  I  made 
them  a  speech  (copy  enclosed).  The  Assembly  has  met  and  once 
passed  the  Excise  bill,  and  tho'  a  Committee  was  appointed  to 
draw  up  an  answer,  as  they  call  it,  to  my  speech,  yet  they  have 
not  done  it,  in  that  they  say,  it  seems  to  require  the  most 
mature  consideration,  and  therefore  desired  a  longer  time  to 
consider  of  it ;  I  can't  imagine  what  it  is  they  boggle  at  in  my 
Speech.  Notwithstanding  the  cessation  of  Arms,  which  has 
been  published,  between  Great  Britain  and  Spain,  we  have  had 
lately  taken,  by  a  Spanish  privateer  of  St.  Domingo,  a 
merchant  ship,  the  Dolphin,  Jasper  Morris  master,  which  was 
loaden  with  sugar  and  bound  for  London  etc.  Refers  to 
enclosures.  Signed,  Henry  Worsley.  Endorsed,  R.  Oct.  8.  3  pp. 
Enclosed, 

324.  i.  Deposition    of    Jasper  Morris,   Thomas   Markis   and 

Michael  Galwey,  as  to  the  capture  of  the  Dolphin  by  a 

Spanish    privateer   etc.      Barbados,    8th    July,    1728. 

Referred  to  in  preceding.  Copy.  lf/>£>. 

324.    ii.    Similar  deposition    by   Same  and  Walter  Quarme. 

St.  Christophers.  29th  June,  1728.  Copy.  \lpp. 
324.  iii.  Governor  Worsley's  Speech  to  the  Assembly.  We 
cannot  be  too  zealous  in  demonstrating  our  loyalty  to 
H.M.  etc.  Recommends  them,  after  passing  the  Excise 
bill,  to  consider  the  ruinous  condition  of  the  fortifi- 
cations etc.  Copy.  2 1  pp. 

324.  iv.  Address   of  the   Grand   Jury   of  Barbados   to   the 

King,  llth — 13th  June,  1728.  Pray  for  his  long  and 
prosperous  reign  etc.  Signed,  17  signatures.  1  large 
folded  p.  [C.O.  28,  44.  Nos.  121,  121  i— iv.] 

325.  Governor  Worsley  to  the  Council  of  Trade  and  Plant- 
ations.   Duplicate  of  preceding  covering  letter.    Signed,  Henry 
Worsley.     Endorsed,  Reed.  7th,  Read  15th  Oct.,  1728.     3  pp. 
Enclosed, 

325.  i.,  ii.  Duplicates  of  preceding  end.  Nos.  i,  iii.    Endorsed  as 

preceding.  [C.O.  28,  19.  //'.  204— 206i;.,  207t\—  2()8t;., 
2090.] 

326.  Judge  Advocate  Hughes  to  the  Duke    of  Newcastle. 
See  No.  358  iv.     Signed,  E.  Hughes.     Endorsed,  R.  27.     3  pp. 
Enclosed, 

326.  i.  Rev.  Thomas  Curphey  to  Mr.  Hughes.    See  No.  358  iii. 

[C.O.  23,  14.   ff.  41— 44u.] 

327.  Duke  of  Newcastle  to  the  Council  of  Trade  and  Planta- 
tions.   I  herewith  send  yor.  Lops,  several  papers  etc.,  which  I 
have  lately  received  from  Mr.  Donovan  Agent  to  the  Contractors 
for  victualling  H.M.  ships  at  Jamaica,  who  complains  of  his 
being   under    prosecution    there,    for     having    imported    from 
Barbados  a  quantity  of  rum  for  the  use  of  H.M.  Squadron  in  the 


164  COLONIAL  PAPERS. 

1728. 

West  Indies,  and  having  caused  it  to  be  put  on  board  one  of 
H.M.  ships  at  Port  Royal,  from  whence  it  was  distributed  among 
several  ships  of  the  said  Squadron,  without  paying  the  dutys 
with  which  by  an  Act  lately  passed  in  the  Assembly  of  Jamaica, 
arrack  and  other  spirits  are  chargeable  on  importation  there, 
and  proposes  that  when  this  Act  shall  be  laid  before  the  Council 
etc.,  a  clause  may  be  inserted  in  it,  to  except  from  the  duty  there- 
by laid  on  spirits,  all  such  rum  as  shall  be  imported  for  the  use  of 
H.M.  ships.  You  are  to  lay  before  H.M.  a  state  of  the  case  with 
your  opinion  thereupon  and  whether  a  stop  should  be  put  to 
this  prosecution  etc.  Signed,  Holies  Newcastle.  Endorsed,  Reed. 
22nd,  Read  30th  July,  1728.  l\pp.  Enclosed, 

327.  i.  Timothy  Donovan  to  the  Duke  of  Newcastle.  Port 
Royal.  April  24,  1728.  Complains  as  above.  The  latter 
part  of  the  Act  is  intirely  calculated  against  the  Navy 
and  no  other  etc.  Signed,  Tim.  Donovan.  Endorsed  as 
preceding.  Copy.  2pp. 

327.  ii.  Notification  of  the  duties  laid  by  the  Act  for  granting 
a  revenue  to  H.M.  April  18,  1728.  Signed,  Charles 
L(l)oyd,  Receiver  General.  Same  endorsement.  Copy. 
4|  pp. 

327.  iii.  Correspondence  between  Timothy  Donovan,  Admiral 
Hosier  and  the  Receiver  General,  15th  July  —  llth 
Dec.,  1727,  showing  the  scarcity  and  dearness  of  rum 
and  the  difficulty  of  supplying  the  demands  of  the  fleet 
etc.  Copy.  4>pp. 

327.  iv.  Timothy  Donovan  to  the  President  of  the  Council, 
Port  Royal,  Dec.  12,  1727.  Protests  against  a  summons 
on  account  of  rum  imported  from  Barbados  by  the 
sloop  Jolly  for  the  use  of  the  Squadron,  which  urgently 
needed  it  etc.  Signed,  T.  Donovan.  Copy.  2  £  pp. 
327.  v.  Answers  by  Timothy  Donovan  to  the  information 
exhibited  against  him  by  the  Attorney  General  of 
Jamaica  relating  to  preceding.  Same  endorsement.  Copy. 
5f  pp.  [C.O.  137,  17.  ff.  55,  55v.,  5Qv.—57v.,  58v.— 
68v.,  69v.  ;  and  (covering  letter  only)  137,  46.  No.  53.] 

[July  23.]  328.  Petition  of  Thomas  King  to  the  Council  of  Trade  and 
Plantations.  Prays  that  the  Act  of  Jamaica,  1722,  for  encour- 
ageing  the  speedy  settling  of  Pero  or  Pera  plantations  may  be 
confirmed.  Recounts  previous  procedure  concerning  it  (v.  C.S.P. 
1725  etc.).  The  bills  preferred  by  Rev.  Wm.  Gordon,  his  wife, 
Mr.  Peers  and  Mr.  Whitehead,  have  been  dismissed,  showing 
that  they  have  no  real  claim  to  the  estate  etc.  Endorsed,  Reed. 
23rd  July,  1728,  Read  21st  May,  1729.  2  pp.  [C.O.  137,  18. 
ff.  11,  lit;., 


July  24.  329.  Rev.  T.  Curphey  to  Sir  C.  Wager.  See  No.  358  ii. 
Signed,  Tho.  Curphey.  Addressed,  1  p.  [C.O.  23,  14.  ff.  47, 
480.] 


AMERICA   AND   WEST   INDIES. 


165 


1728. 
July  25. 

Hampton 
Court. 


July  25. 

Hampton 
Court. 

July  25. 

Hampton 
Court. 


July  25. 

Hampton 
Court. 


330.  Order  of  King  in  Council.  Approving  Instructions 
for  Governor  Worsley  as  27th  June,  except  that  the  Council  of 
Trade  having  now  proposed  Joseph  Pilgrim  in  place  of  Mr. 
Lillington,  he  is  appointed  to  the  Council.  Signed,  Edward 
Southwell.  Endorsed,  Reed.  19th  Oct.,  Read  20th  Nov.,  1728. 
3  pp.  [C.O.  28,  20.  ff.  68,  69u.] 


331. 

407.] 


Copy  of  above  Instructions,     [C.O.  5,  194.    ff.  303 — 


332.  Order   of  King   in   Council.      Approving   draught   of 
Governor    Philipps'    Commission.    Signed,    Edward    Southwell. 
Endorsed,  Reed.  19th  Oct.,  Read  20th  Nov.,  1728.     1  p.     [C.O. 
217,  5.  ff.  89,  90*;.  ;   and  5,  194.  /.  420.] 

333.  Order   of  King  in   Council.      Approving   draught  of 
Governor  Philipps'  Instructions  and  representation  of  the  Board 
of  Trade  thereon  etc.    Signed  and  endorsed  as  preceding.    l£  pp. 
[C.O.  217,  5.  ff.  91,  92u.  ;  and  5,  194.  ff.  433,  433A.] 


July  25. 


July  25. 


July  25 

Hampton 
Court. 


334.  Petition  of  Assembly  of  Barbados  to  the  King.    A 
repetition  of  the  petition  of  the  Majority,  Jan.  4,  q.v.,  but  conclud- 
ing :  —  Nor    can    the    inhabitants    bear    the    necessary    charge 
either  of  buying  powder  sufficient  or  repairing  the  fortifications 
etc.  while  the  heavy  tax  which  they  have  for  so  many  years  paid 
chiefly  for  H.E.'s  use  is  continued,  by  which  tax  allmost  all  the 
current  cash  of  this  Island  is  annually  brought  together  and 
hoarded  in  H.E.'s  coffers,  trade   is   stagnated,  and  the  value  of 
the  produce  of  the  Island  is  very  considerably  lowered,  to  the 
vast  damage  of  the  distrest  inhabitants  who  are  forced  to  part 
with  their  goods  at  any  price  to  raise  their  quota  of  a  tax  not 
only  heavy  in  itself  but  much  more  so  in  regard  of  the  ill  effects 
it  has  upon  trade  and  the  marketts  in  the  Colony.  Petitioners  are 
ready  to  prove  the  truth  of  these  allegations  etc.    Signed,  Robt. 
Warren,  Cl.  of  the  Assembly.  [C.O.  28,  39.  No.  44.] 

335.  (a)   Governor  Worsley's  Speech   to  the  Council  and 
Assembly  of  Barbados. 

(b)  Address  of  the  Assembly  in  reply.  Copy.  Signed,  Robt. 
Warren,  Clk.  of  the  Assembly.  The  whole  endorsed,  Reed. 
(from  Mr.  Price),  Read,  Feb.  25,  172$.  5  pp.  [C.O.  28,  20.  ff.  97, 
98—  99u.,  lOOu.,  1010., 


336.  Order  of  King  in  Council.  Approving  representation 
of  Nov.  10,  1726,  and  ordering  accordingly  that  stores  of  war  be 
sent  to  the  Bahama  Islands,  and  that  the  Governor  be  empowered 
to  call  an  Assembly  of  24  Members  by  an  instruction  in 


166 


COLONIAL   PAPERS. 


1728. 


July  30. 

Whitehall. 


July  30. 

Whitehall. 


July  30. 

Whitehall. 
July  31. 

Hampton 
Court. 

Aug.  3. 

Lincoln's 
Inn. 


Aug.  3. 

Jamaica. 


his  Commission  now  being  prepared  etc.  v.  A.P.C.  III.  No.  151. 
Signed,  Edward  Southwell.  Endorsed.  Reed  30th.  Read  31st 
July,  1728.  If  pp.  [C.O.  23,  2.  ff.  146,  147u.  ;  and  (copy  of 
first  part  of  order,  endorsed,  Reed.  19th  Oct.,  Read  20th  Nov., 
1728)  ff.  180,  I8lv.] 

337.  Mr.  Wheelock  to  Mr.  Fane.    Encloses  Revenue  Act  of 
Jamaica  etc.  for  his  opinion  how  far  it  is  agreeable  to  the  intention 
of  the  draught  and  Instructions  relating    thereto    etc.     [C.O. 
138,  17.  pp.  245,  246.] 

338.  Same  to  the  Commissioners  for  Victualling  the  Navy. 
In  relation  to  Mr.   Donovan's  complaint  (July    22),    enquires 
whether  the    contractors    for    supplying    H.M.    ships    in    the 
West  Indies  with  rum  or  other  provisions,  have  paid  duties  in 
any  of  H.M.  Colonies  in  America  for  such  supplies,  etc.  [C.O.  138, 
17.  p.  247.] 

339.  Same  to  Mr.  Fane.    Encloses  6  Acts  of  Jamaica,  1728, 
for  his  opinion  in  point  of  law,  etc.    [C.O.  138,  17.  pp.  248,  249.] 

340.  Copy   of  Governor   Philipps'    Commission.      [C.O.    5, 
194.  ff.  421—428.] 

341 .  Attorney  General  to  the  Duke  of  Newcastle.   I  had  the 
honour  of  your  Lordship's  commands  by  your  letter  of  ye  30th 
past  to  hasten  the  dispatch  of  the  conveyance  of  the  Province 
of  Carolina  to  his  Majesty.    Explains  that  though  Mr.  Solicitor 
General  and  himself    received  instructions  from  the  Treasury 
on  13th  July  to  prepare  the  necessary  instruments,  and  there- 
upon immediately  acquainted  the  Agent  of  the  Proprietors  that 
their  respective  titles  ought  forthwith  to  be  laid    before  them, 
it  was  not  till  this  evening  that  abstracts  only  of  the  titles  of 
James  and  Henry  Bertie  and  Mr.  Hutcheson  were  left  with  him 
etc.   "  It  is  impossible  for  H.M.  Councill  to  advise  the  acceptance 
of  the  conveyance  etc.  without  being  truely  informed  of  the  state 
of  the  title,  which  in  some  of  the  Proprietorships  may  require 
particular  consideration,  there  having  been  severall  subsequent 
conveyances  since  the  first  grant,  and  some  thereof  litigated  " 
etc.    Signed,  P.  Yorke.     2pp.     [C.O.  5,  306.    No.  9.] 

342.  Governor  Hunter  to  the  Duke  of  Newcastle.     I  am 
frequently  in  straits  for  want  of  a  quorum  of  Councelers  by  reason 
of  the  distant  residence  of  many,  and  the  absence  of  others. 
One  of  that  number,  Pusey  by  name,  has  been  absent  sevll. 
years  and  so  forfeited  all  claim  to  a  seat  at  that  Board  etc.  Asks 
for  appointment  of  Alexander  Forbes,  Provost  Marshall,  but 
acting  by  Deputy,  who  is  very  well  qualified.    Continues :  I  can 
not  look  without  concern  upon  what  may  happen  here  in  case  of 


AMERICA   AND   WEST   INDIES.  167 

1728. 

my  death  or  sudden  removal.  The  generality  here  have  either 
such  an  aversion  to  or  contempt  of  Mr.  Ayscough,  and  he  a  man 
of  such  passions  and  resentment,  that  I  can  not  in  duty  or 
conscience  advise  the  intrusting  him  againe  wh.  the  adminis- 
tration. The  next  Councellor  to  him  is  Coll.  Gommersell,  a 
man  of  substance  long  experience  and  probity,  how  far  his 
capacity  may  reach  in  that  ticklish  trust  I  know  not.  So  if  a 
dormant  Commission  is  not  adviseable  a  new  model  of  the 
Council  may  prevent  the  confusion  I  apprehend  and  can  have  no 
bad  consequence.  Recommends  for  filling  a  vacancy  in  the  Council 
Edward  Charlton,  one  of  the  Judges  etc.  Has  no  grudge  or  spite 
against  Mr.  Ayscough  etc.  Signed,  Ro.  Hunter.  Endorsed,  R. 
Oct.  7th.  Holograph.  1\  pp.  [C.O.  137,  53.  ff.  74—  75v.] 

Aug.  3.  343.  Same  to  Mr.  Stanyan.  Encloses  copy  of  following 
letter  etc.  and  asks  for  instructions  as  to  Mr.  Coleman's  office. 
Signed,  Ro.  Hunter.  Holograph.  2  pp.  [C.O.  137,  53.  ff.  76, 


Aug.  3.  344.  Governor  Hunter  to  the  Council  of  Trade  and  Planta- 
Jamaica.  tions.  Refers  to  enclosed  Speech  to  Assembly  and  their  reply, 
when  they  met  on  2nd  July  etc.  Continues  :  —  I  cannot  but  say 
they  began  with  a  good  aspect  having  entred  into  many  resolves 
for  the  publick  credit  and  the  security  of  the  country  but  the 
same  was  soon  changed  by  a  bill's  being  brought  into  the 
Assembly  for  making  the  goods  of  the  produce  of  the  country 
a  law  full  tender  for  the  payment  of  debts  ;  This  bill  having  passed 
the  Assembly  and  Council  I  found  they  had  it  so  much  at  heart 
that  it  was  apparent  they  declined  doing  any  other  bussiness  till 
they  knew  the  fate  of  that  bill  (copy  enclosed).  Many  arguments 
were  used  in  the  Council  pro  and  con,  but  the  majority  having 
passed  the  bill  in  their  legislative  capacity,  Mr.  Mill  entred  his 
dissent  against  it  (end.  iv),  and  in  a  day  or  two  after  the  mer- 
chants and  traders  petitioned  me  against  my  passing  it,  markt 
No.  5.  Upon  which  I  call'd  a  Council  and  laid  the  whole  before 
them  and  askt  their  advice  whether  it  was  not  a  bill  of 
extraordinary  nature  and  consequently  such  as  I  was  forbid 
by  my  Instructions  to  assent  to  without  a  clause  inserted 
therein  suspending  the  execution  thereof  until  H.M.  pleasure 
should  be  further  known,  and  the  Council  were  of  opinion 
that  it  was  a  bill  of  that  nature  and  not  fit  to  be  passed 
into  a  law  without  H.M.  further  direction.  Upon  which 
Mr.  Lawes  delivered  his  reasons  against  the  bill  which  he 
desir'd  might  be  enter'd  in  the  Council  books  and  is  markt 
No.  6.  The  chief  arguments  for  the  bill  that  I  have  heard 
of  are  contained  in  No.  7.  Upon  the  whole  I  shall  entirely 
submit  it  to  your  Lordpps.,  whether  such  a  bill  may  be  necessary 
for  the  good  of  the  country  either  with  respect  to  the  planter  or 
merchant  and  I  must  pray  your  Lordpps.'  directions  in  case  the 


168  COLONIAL   PAPERS. 

1728. 

house  should  pass  another  bill  to  the  same  effect  next  sessions, 
what  proviso  or  salvo  may  be  requisit  to  be  inserted  in  the  bill 
in  order  to  it's  being  pass'd.  The  Assembly  sent  up  to  the  Council 
another  bill,  entitled,  an  Act  for  establishing  the  publick  credit 
with  regard  to  particular  orders  of  Council,  which  though  intend- 
ed for  the  credit  of  the  Government,  yet  the  Council  perceived 
there  was  no  provision  made  for  the  payment  of  the  intrest,  which 
the  orders  of  Council  were  to  bear  mention'd  in  the  bill,  so  they 
lookt  upon  it  as  a  diminution  of  H.M.  Revenue  and  therefore 
declin'd  passing  it.  The  Assembly  having  the  first  mention'd 
bill  so  much  at  heart  and  they  percieving  little  hopes  of  my  pass- 
ing it  contrary  to  the  advice  of  the  Council,  they  sent  me  a 
message  on  the  first  instant  desiring  a  recess,  which  I  communic- 
ated to  His  Majesty's  Council  who  were  of  opinion  to  prorogue 
them  to  the  24th  of  October  next,  to  which  day  they  now  stand 
prorogued,  when  I  hope  both  the  season  and  the  persons  will  be 
cooler.  The  Minutes  of  the  Council  and  Assembly  are  so  volu- 
minous that  it  was  imposible  to  have  them  transcribed  at  length 
to  transmit  by  this  conveyance,  but  they  shal  be  sent  by  the  next 
opportunity  and  since  the  most  material  transactions  are  inserted 
in  the  enclosed  papers,  I  hope  it  may  for  the  present  answer 
your  Lordpps.'  expectations  from  me.  The  settlements  at  Port 
Antonio  are  going  on  with  a  good  prospect,  many  orders  are 
already  issued  to  the  inhabitants,  newcomers  etc.  for  the  taking 
up  land  there  agreeable  to  the  last  Act  passed  here  (tho'  not 
yet  at  home)  for  the  settling  that  part  of  the  country  ;  I  recom- 
mend it  to  your  Lordships  to  obtain  H.M.  assent  to  that  law  if 
not  already  done,  and  nothing  could  contribute  more  to  the 
security  and  strength  of  the  settlements  there  and  indeed  of  the 
whole  Island  than  an  Engineer,  whom  I  have  long  expected  and 
who  is  absolutely  necessary  for  erecting  new  and  repairing  our 
old  fortifications,  which  is  all  that  at  present  occurrs  from,  etc. 
Signed,  Ro.  Hunter.  Endorsed,  Reed.  3rd  Oct.,  Read  13th  Nov., 
1728.  3|  pp.  Enclosed, 

344.  i.  Governor  Hunter's  Speech  to  the  Council  and  Assembly. 
Recommends  effectual  measures  to  reduce  rebel  slaves, 
the  appointment  of  an  Agent  to  solicite  their  affaires 
at  home,  a  bill  to  prevent  litigious  suits,  the  reduction 
of  the  present  high  interest  of  money  and  the  high 
value  of  current  coin,  and  repair  of  public  buildings, 
prison,  barracks  etc.  Copy.  3  pp. 
344.  ii.  Address  of  Assembly  in  reply  to  preceding.  Copy. 

\p. 

344.  iii.  Act  passed  by  Assembly  18th  July,  1728,  to  oblige 
creditors  to  accept  of  the  produce  of  the  Island  in  payment 
of  their  debts.  Copy.  4|  pp. 

344.  iv.  Reasons  advanced  by  Richard  Mill  in  Council  against 
preceding  bill.  Copy.  3|  pp. 


AMERICA  AND   WEST  INDIES. 


169 


1728. 


Aug.  3. 

Jamaica. 


Aug.  3. 

Jamaica. 


Aug.  5. 

Jamaica. 


344.  v.  Petition  of  merchants  and  traders  of  Kingston  to 
Governor  Hunter.  Object  to  above  bill  (No.  iii), 
showing  that  it  will  injure  the  credit  of  the  Island 
and  ruin  many  of  the  inhabitants  etc.  35  signatures. 
Copy.  7 'I  pp. 

344.  vi.  Reasons  advanced  in  Council  by  James  Lawes  against 
said  bill.  Copy.  2  pp. 

344.  vii.  Arguments  used  for  passing  said  bill.    3^  pp.    Nos. 

i — vii  endorsed,  Reed.  3rd  Oct.,  1728.     [C.O.  137,  17. 
ff.  110— 1110.,  113—125,  126t;.] 

345.  Governor  Hunter  to  Mr.  Popple.    I  referr  you  to  mine 
to  their  Losps.  (preceding)  for  information  of  what  has  been  done 
or  rather  that  nothing  has  been  done  in  this  session  of  Assembly 
and  the  causes  or  pretences  for  that  conduct  tho'  no  buss'nesse 
but  their  own  lay  before  them.   They  requested  a  recesse  and  I 
granted  it  to  cool  them.   I  had  one  overture  in  my  head  which  I 
did  not  care  to  offer  to  their  Losps.  in  order  to  make  that  sugar 
bill  tolerably  just.     If  you  think  fitt  to  offer  to  any  of  yr.  board 
particularly  you  may.  It  is  this.  That  the  debtor  ship  the  sugars 
at  his  own  cost  and  risque  and  draw  upon  them  at  a  certainty 
pr.  cent  by  wch.  means  the  creditor  will  be  in  a  better  state 
then  by  ye  bill  and  I  believe  none  will  decline  such  payt.  We  are 
indeed  distress'd  for  want  of  currency  and  if  ye  evil  continues  the 
bill  will  be  reviv'd  again  etc.    Signed,  Ro.  Hunter.      Endorsed, 
Reed.  8th  Oct.,  Read  13th  Nov.,   1728.     Holograph.     l£  pp. 
[C.O.  137,  17.    ff.  108,  108*;.,  109u.] 

346.  Same  to  the  Duke  of  Newcastle.     To  same  effect  as 
preceding,  enclosing  copy  of  his  letter  of  3rd  Aug.,  and  adding  :— 
By  a  sloop  from  Porto  Bello  I  am  inform' d  that  they  are  loading 
the  silver  of  the  galleons  on  board  the  fourteen  ships  of  warr  they 
have  there,  the  galleons  being  unserviceable.    Their  privateers 
continue  their  depredations.     Mr.  St.  Lo  had  sent  to  demand 
restitution  but  I  know  not  what  return  he  has  had,  etc.   Signed, 
Ro.  Hunter.  Endorsed,  R.  Oct.  7th.  Holograph.  l%pp.  Enclosed, 

346.  i.  Duplicate  of  No.  344.     [C.O.  137,  53.    ff.  70,  70i;.,  7lv. 

—73v.] 

347.  James   Wimble   to   the   Duke   of  Newcastle.    Bound 
for  Jamaica  with  produce  of  N.  Carolina,  his  sloop  and  cargo 
valued  at  £877.  145.  sterl.,  were  taken  by  a  Spanish  privateer 
from  Cuba,  off  Hispaniola  on  7th  May.   Has  made  his  complaint 
to  the  Governor  and  Commodore  here,  who  have  sent  a  man  of 
war  to  demand  reparation  from  the  Spaniards  for  the  damage 
they  have  done,  which  is  15  sail  taken  from  the  English.    The 
Spanish  Governor  refused  to  make  satisfaction  etc.    Petitioner 
who  was  born  in  Sussex  and  lives  at  Boston  is  thus  entirely 
ruined,  the  sloop  and  cargo  having  been  his  whole  substance. 


170 


COLONIAL   PAPERS. 


1728. 


Aug.  5. 

Victualling 
Office. 


Aug.  6. 

Whitehall. 


Aug.  7. 

Whitehall. 


Aug.  9. 

Virginia. 


Asks  his  Grace  to  "  favour  me  with  a  line  to  setesfy  me  wether  i 
can  recover  anything  from  ye  Spand."  or,  if  not,  to  provide 
him  with  some  small  post  in  New  England  etc.  Signed,  James 
Wimble.  Endorsed,  R.  Oct.  Addressed.  Postmark.  1  p.  \C.O. 
137,53.  ff.78,79v.] 

348.  Commissioners  for  Victualling  the  Navy  to  Mr.  Popple. 
Reply  to  30th  July.     We  have  not  heard  that  duties  have  been 
paid  or  demanded  till  now  etc.    Altho'  it  is  taken  for  granted  in 
generall  that  where  the  Islands  afford  a  sufficiency  of  rum  or 
other  species,  the  ships  are  supplyed  out  of  the  produce  of  each 
place,  yet  in  cases  of  absolute  necessity  from  bad  crops,  unfore- 
seen large  demands,  or  other  accidents,  by  which  there  shall  not 
be  sufficient  to  answer  H.M.  service,  as  was  the  case  in  1726, 
when  we   were  obliged  to  send  both  rum   and  wine   for  the 
Squadron   in   the   West   Indies   without   paying  any  duty  etc. 
We  conceive  that  on  such  emergencys  H.M.  ships  should  in  like 
manner  be  permitted  to   have   supplys   from   other  places  etc. 
4  signatures.     Endorsed,  Reed.    Read    6th   Aug.,    1728.     2  pp. 
[C.O.  137,  17.    ff.  70,  70v.,  71v.] 

349.  Mr.  Popple  to  Mr.  Attorney  General.    Asks  for  opinion 
whether  H.M.  may  legally  grant  Mr.  Donovan  a  noliprosequi 
etc.     Encloses  papers  relating  to  the  case  (v.  30th  July  etc.}. 
[C.O.  138, 17.  p.  250.] 

350.  Mr.  Popple  to  the  Commissioners  for  Victualling  H.M. 
Navy.     Enquires  whether  the  wine  and  rum,  mentioned  5th 
Aug.,  were  sent  directly  to  the  Squadron  or  first  landed  in  the 
West  Indies,  and  where  the  Squadron  then  was.    [C.O.  138,  17. 
p.  250.] 

351 .  Lt.  Governor  Gooch  to  the  Council  of  Trade  and  Planta- 
tions.   I  have  the  honour  of  your  Lordships  letter  of  the  7th  of 
May.    In  answer  to  it,  I  begin  with  giving  your  Lordships  the 
strongest  assurance,  that  nothing  shall  slip  my  observation,  and 
that  every  occurrence  from  time  to  time  shal  be  faithfully  trans- 
mitted to  your  Lordships.   I  return  your  Lordships  my  thanks  for 
approving  the  person  I  recommended  to  succeed  Col.  Harrison. 
The  reprehension  I  meet  with  in  the  next  paragraph  of  your 
Lordsps.  letter  for  the  violation  of  my  Instructions  is  what  I  very 
justly  deserve,  if  the  reasons  I  humbly  presume  to  offer  will 
administer  no  alleviation.    But  my  Lords  before  I  left  England, 
being  there  told  that  perhaps  something  of  this  kind  might 
happen,  I  acquainted  the  Duke  of  Newcastle  and  Sr.  R.  Walpole 
of  it ;    and  afterwards  told  Ld.  Westmorland  that  if  anything 
abroad  happens  to  my  advantage,  I  hoped  to  find  favour  at 
your  Lordships  Board  ;  I  can't  say  his  Lordship  made  me  any 
other  reply  than  wishing  my  health  and  a  good  voyage  :    but 


AMERICA   AND   WEST  INDIES.  171 

1728. 

the  answer  His  Grace  gave  me,  was,  that  I  might  expect  the  same 
indulgence  with  other  Governours  ;    Sr.   Robert  to  the   same 
effect.   This,  my  Lords,  was  the  method  I  took,  and  from  what  I 
have  now  the  honour  to  relate  to  your  Lordships  I  must  own  that 
I  thought  if  I  did  accept  of  such  offers  as  have  been  made  me, 
I  had  a  sufficient  dispensation  till  H.M.  pleasure  was  known  ; 
and  that  before  your  Lordships  justice,  this  action  would  have 
received  a  favourable  construction.   That  other  Governours  have 
been  thus  indulged,  the  late  Mr.  Nicholson  is  an  instance  of  it 
in  this  Colony  ;    he  had  the  same  present  allow'd  to  him  at  a 
time  when  £300  would  have  gone  as  far  as  double  that  sum  will 
do  now.     My  Lords,  the  charge  I  was  at  to  bring  my  self  and 
family  hither,  was  not  £20  less  than  the  present  from  the  Council : 
the  money  I  was  out  of  pocket  to  equip  my  self  for  this  publick 
and  expensive  station,  will  hardly  be  reimburs'd  in  five  years,  a 
long  time  to  live  in  this  country,  and  get  nothing,  and  I  do  aver 
to  yr.  Lordships  that  these  presents  were  made  to  me,  without 
my  being  by  word  or  deed  concern'd.    My  Lords  these  are  the 
reasons  I  presume  to  offer,  and  thence  humbly  hope  when  your 
Lordships  shal  reconsider  my  circumstances,   your  Lordships 
will  be  prevailed  upon  to  favour  my  acceptance  not  only  of  the 
£300  from  the  Councill,  but  also  the  £500  cur.  the  generous  offer 
of  the  people  whom  I  have  the  honour  to  govern.    I  hope  these 
arguments  will  mediate  some  excuse  for  what  I  have  done,  and 
interceed  with  your  Lordships  for  forgiveness,  which  in  my  future 
conduct  I  shall  study  to  deserve.    The  first  oppertunity  I  shall 
propose  a  law  to  be  passed  as  directed  by  my  119th  Instruction 
for  making    the    Virginia  estates  of  bankrupts  liable  to  the 
satisfaction  of  their  English  creditors.    Your  Lordships  will  find 
that  in  the  Act  passed  for  building  a  lighthouse,  care  was  taken 
to  insert  the  proper  clause.  By  a  letter  I  received  from  our  Agent 
Mr.  Leheup,  I  am  told  that  your  Lordships  have  been  informed 
that  the  tobacco  law  limitting  the  number  of  plants  to  be  tended 
by  each  tythable  is  a  great  hardship  laid  by  the  rich  on  the  poor 
planter.    But  your  Lordships  will  find  by  that  Act  a  particular 
indulgence  allowed  to  people  having  no  slaves,  that  they  may 
tend  10,000  plants  when  all  others  are  restrained  to  6,000  only. 
The  circumstances  of  the  country  make  it  very  evident  that  the 
rich  are  much  more  cramp't  by  this  law  than  the  poor  :  since  the 
former  having  large  tracts  of  lands,  have  more  of  that  which  is 
good  to  employ  their  slaves  on  than  the  poorer   sort,  who  are 
possest  of  small  quantitys,  and  who  cannot  without  destroying 
that  they  have,  afford  to  cultivate  more  of  it  than  the  6000  plants 
for  each  tythable.  And  it  has  been  found  generally  true,  that  the 
far  greater  part  of  the  planters  never  tended  so  great  a  quantity 
as  the  law  allows,  tho  by  a  miscomputation  they  imagined  they 
tended    more.      My  Lords,  the  only  persons  aggrieved  by  the 
restraint  of  planting  are  those  who  have  great  tracts  of  fresh 
land  and  many  slaves,  for  they  would  have  indeed  the  advantage 


172  COLONIAL   PAPERS. 

1728. 

of  planting  more  tobacco  on  such  fresh  grounds  and  tending  it 
more  easily  than  others  can  on  lands  that  have  been  cultivated 
before  ;  and  having  abundance  of  hands  to  employ  on  these  new 
lands,  whenever  the  price  of  tobacco  gives  encouragement  they 
can  make  much  greater  crops  than  now  they  are  allow'd  to  do  ; 
but  at  the  same  time  it  must  be  said  that  though  they  may  plant 
more  in  quantity  yet  it  frequently  proves  very  mean  stuff, 
different  from  the  tobacco  produced  from  well  improved  and  well 
tended  grounds  ;  and  tho'  it  may  sometimes  happen  that  a  rich 
man  by  the  advantage  of  his  money  and  the  benefit  of  the  prompt 
payment  at  ye  Custom  House  gets  as  good  a  price  and  by  this 
means  more  money  than  any  industrious  but  poor  planter  can, 
yet  the  rich  man's  trash  will  always  damp  the  market  and  spoil 
the  sale  of  the  poor  man's  good  tobacco  which  has  been  care- 
fully managed  :  a  mischief  which  this  law  is  calculated  to  remedy 
and  to  encourage  at  the  same  time  good  tobacco,  by  allowing  as 
much  to  be  planted  as  can  be  carefully  and  honestly  tended  and 
cured.  This  my  Lords  is  really  the  truth  of  the  case  whatever 
pretences  may  be  advanced  to  your  Lordships  in  favour  to  the 
poor  ;  for  'tis  the  rich  complain  and  they  only  are  the  sufferers. 
I  must  observe  to  your  Lordships  that  since  the  restraint  of 
planting  ;  as  much  tobacco  has  been  exported  hence  as  ever  was 
before  ;  so  that  the  law  dos  no  injury  to  H.M.  Revenue,  nor  to 
the  Planters  industry.  I  herewith  transmitt  to  your  Lordships 
duplicates  of  the  Journals  of  Council,  and  of  the  Assembly,  and 
of  the  Laws.  And  the  list  of  negroes  and  Madeira  wine  imported. 
I  have  also  sent  the  copy  of  a  letter  I  writt  to  the  Board  of 
Ordnance  with  a  list  of  all  the  warlike  stores  in  this  Colony. 
Signed,  William  Gooch.  Endorsed,  Reed.  21st,  Read  26th  Nov., 
1728.  Holograph.  2£  pp.  Enclosed, 

351.  i.  List  of  ships  that  have  imported  negroes,  Port  South 

Potomack,  29th  Sept.  1727— 25th  March,  1728.     None. 

Signed,  Thomas  Lee,  Naval  Officer.  Slip. 
351.  ii.  List  of  ships  that  have  imported  negroes,  Port  of 

Rappahanock,  Sept.  29,  1727— April  25,  1728.    None. 

Signed,  Robert  Carter  jr.  N.  Off.  1  p. 
351.  iii.  List  of  ships  that  have  imported  negroes,  York  River, 

29th  Sept.  1727— 25th  March,  1728.     One,  with  211 

negroes,  by  separate  traders.   Signed,  Will.  Robertson, 

Navl.  Offr.   1  p. 
351.  iv.  Ditto,  James  River  and  Eastern  Shore.    None.    1  p. 

Nos.  i — iv  endorsed,  Reed.  21st  Nov.  1728. 
351.  v.  Ships  importing  merchandize  from  Madeira  and  the 

Western  Islands,  South  Potomack.  None.    Same  period 

and  signature  as  No.  i.  1  p. 
351.  vi.  Ditto,  Rappahanock.    One.   Same  period  and  signature 

as  No.  ii.   1  p. 
351.  vii.  Ditto.  York  River.  Three.  Same  period  and  signature 

as  No.  iii.  1  p. 


AMERICA  AND   WEST  INDIES.  173 

1728. 

351.  viii.  Account  of  Stores  of  War  in  Virginia,  1728.  Endorsed 
as  No.  iv.  2  pp. 

351.  ix.  Lt.  Govr.  Gooch  to  the  Board  of  Ordnance  with  request 

for  stores  of  war.  Without  date  or  signature.  Endorsed, 
Reed.  21st  Nov.,  1728.  Copy.  1|  pp.  \C.O.  5,  1321. 
ff.  (with  abstract]  74—76,  77,  78—79,  80,  81—  82*;.] 

Aug.  10.         352.     Sir  C.  Wager  to  Mr.  Delafaye.  Capt.  Rogers  who  brings 
Parsons       you  this  letter  tells  me  that  nothing  is  yet  refer'd  to  the  Board  of 
Green.       Trade  relating  to  the  Bahama  Islands.     I  think  some  determin- 
ation should  be  come  to  in  that  affair ;  and  therefore  if  there 
be  anything  to  be  refer'd,  I  desire  you  will  do  it,  that  poor 
Rogers  may  be  out  of  his  pain  etc.    Signed,  Cha.  Wager.    1  p. 
Enclosed, 

352.  i.  Capt.  Rogers  to  Mr.  Delafaye.     London,  12th  Aug. 

1728.  Entreats  him  to  get  the  enquiry  into  the  state  of 
the  Bahama  Islands  referred  to  the  Board  of  Trade  etc. 
The  Duke  of  Newcastle  and  Lord  Townshend  promised 
it  should  be  done  these  three  weeks  past.  Continues  : — 
As  I  had  no  opertunity  to  explain  myselfe  to  you  when 
I  saw  you  last  at  Court,  I  hope  you'l  pardon  this  free- 
dom, since  I  am  forced  to  move  for  my  former  employ- 
ment in  a  manner  that  I  don't  chuse,  and  have  avoided 
it  as  long  as  I  cou'd,  tho'  I  tryed  to  have  my  own 
conduct  examin'd,  and  never  was  able  to  get  it  done  ; 
yet  I  am  sorry  I  must  be  a  meanes  to  examine  his,  or 
I  can't  be  restored  to  the  employment,  that  I  hope  in 
justice  I  may  ask  for.  I  wish  Mr.  Pheney's  friends  had 
not  desir'd  to  justifie  his  actiones,  since  I  am  pretty 
sure  if  they  are  known,  they  cannot  turn  to  his  advant- 
age, the  place  being  now  in  a  much  worse  condition 
as  to  people  than  it  was  seven  years  agoe,  when  I  came 
thence.  Besides  he  sold  a  company  of  Dragoons  he 
comanded  before  he  left  England,  and  had  mine  given 
him  with  the  Govermt.,  yt.  I  preserved  to  my  ruin, 
and  he  may  have  my  halfe  pay  if  he  returns,  he  can't 
think  it  a  hardship  on  him,  since  I  was  so  odly  removed 
by  surprize,  when  there  never  was  nor  I  beleive  ever 
will  be  a  good  reason  given  for  it,  nor  would  I  aske  for 
the  same  imployment  again,  did  I  not  depend  I  could  do 
ye  publick  great  service,  in  improving  what  I  began, 
and  make  it  a  place  of  consequence  "  etc.  Refers  to 
his  recommendations  etc.  Signed,  Woodes  Rogers. 
Holograph.  2pp. 

352.  ii.  Petition  of  Capt.  Rogers  to  the  King.  Prays  to  be 
restored  to  his  Governorship  of  the  Bahama  Islands,  or 
compensated  for  his  losses  and  sufferings  in  that 
service  etc.  Copy.  2  pp. 


174 


COLONIAL   PAPERS. 


1728. 


Aug.  12. 

Victualling 
Office. 


Aug.  13. 


Aug.  13. 

New  York. 


352.  iii.  Testimonial  to  Capt.  Rogers,  recommending  above 

petition  to  Sir  Robert  Walpole.  Capt.  Rogers  behaved 
with  the  utmost  resolution  and  fidelity,  tho'  to  the 
ruin  of  his  own  fortune  etc.  London,  Feb.  29,  172f. 
Signed,  John  Eyles,  Montagu  Barnard,  Gilbt.  Heathcote, 
Micajah  Perry,  E,  Vernon,  Fran.  Fane,  Geo.  Gregory, 
Hum.  Morrice,  Jno.  Lambert,  Ed.  Harrison,  Matt. 
Decker,  Hans  Sloane,  Edwd.  Southwell,  G.  Earle,  John 
Gould,  Hen.  Herring,  H.  Raymond,  Matt.  Martin,  Jos. 
Eyles,  Saml.  Winder,  Wm.  Sloper,  Edmnd.  Halsey, 
John  Hart,  Alexr.  Spotswood,  Benj.  Bennet,  Chas. 
Boone,  Saml.  Shute,  Peter  Walter.  A  copy  delivered 
to  the  Duke  of  Newcastle.  Copy.  l^pp.  [C.O.  23,  14. 
ff.  45,  49—49*;.,  51-52i;.] 

353.  Commissioners  for  Victualling  the  Navy  to  Mr.  Popple. 
Give  details  of  rum  and  wine  sent  to  the  Squadron  in  the  West 
Indies  in  1726  etc.    Conclude  :  —  In  both  cases  the  Secretary  of 
State  was  desired  by  the  Lords  of  the  Admiralty  to  obtain  H.M. 
orders  to  the  Government  of  Jamaica  to  permit  the  delivery 
thereof  duty  free  etc.    Four  signatures.    Endorsed,  Reed.  13th, 
Read  18th  Aug.,  1728.  2pp.  Enclosed, 

353.  i.  Lords  Commissioners  of  the  Admiralty  to  the  Commis- 
sioners for  Victualling  the  Navy,  13th  Oct.  1726,  with 
Mr.  Burchett's  letter  enclosing  same.  Endorsed, 
Reed.  13th  Aug.,  1728.  2  pp.  [C.O.  137,  17.  ff.  76, 
76v.,  77v.—78v., 


354.  Mr.   Popple  to  the   Board  of  Works.      There   being 
several  small  repairs  necessary  to  be  made  in  this  Office,  not 
observ'd  in  the  late  estimate,   my  Lords  Commissioners  etc. 
desire  you  will  give  directions  that  the  same  be  made  before  the 
workmen  leave  the  office.  [C.O.  389,  37.  p.  293.] 

355.  Governor  Montgomerie  to  the  Duke   of  Newcastle. 
The  Assembly  met  on  22nd  July.  Encloses  his  Speech  to  them  etc. 
and  their  resolve  to  grant  a  revenue  for  the  support  of  H.M. 
Government.   He  insisted  warmly  in  his  Speech  upon  supporting 
H.M.   prerogative,   because  the  Members  now  returned  being 
mostly  the  same  as  before,  he  feared  they  would  persist  in  their 
extravagant  resolutions  relating  to  the  Court  of  Chancery.    He 
hopes  it  will  prove  of  good  effect,  but  suggests  that  some  altera- 
tions in  that  Court  would  be  for  the  King's  service  and  the  good 
of  the  Province  etc.      Set  out,  N.Y.  Col.  Docs.  V,  pp.  857,  858. 
Signed,  J.  Montgomerie.     Endorsed,  R.  Oct.  10th.     Holograph. 
Spp.  Enclosed, 

355.  i.  Duplicate  of  No.  356. 

355.  ii.  Governor  Montgomerie's  Speech  to  the  Assembly  of 
New  York,  with  their  reply,  23rd  July,  and  their  resolu- 


AMERICA  AND   WEST  INDIES. 


175 


1728. 


Aug.  13. 

New  York. 


Aug.  13. 


Aug.  13. 

Hampton 
Court. 


tion  of  31st  July,  that  "  there  shall  be  given  to  H.M.  etc. 
an  ample  and  honourable  support  for  His  Government 
of  this  Colony  from  1st  Sept.  1728  to  1st  Sept.  1733." 
v.  Sessional  Papers.  Copy.  3f  pp.  [C.O.  5,  1092. 
Nos.  70,  70.  i,  ii.] 

356.  Governor  Montgomerie  to  the  Council  of  Trade  and 
Plantations.  Encloses  Acts  of  New  Jersey,  passed  in  the  last 
Assembly,  Minutes  of  Council  and  a  letter  from  Governor 
Burnet  relating  to  them,  and  list  of  vessels  entered  inwards  or 
cleared  outwards  at  New  York,  29th  Sept.,  1727 — 25th  March, 
1728.  Neither  the  Acts  nor  Minutes  are  abstracted  in  the  margin, 
but  this  is  not  his  fault,  as  he  never  saw  them  till  the  night 
before  Governor  Burnet  left  etc.  Continues  :  I  hope  Governor 
Burnet's  letter  will  fully  satisfy  your  Lordships  that  there  is  no 
danger  in  applying  the  5  per  cent  interest  of  the  Jersey  bills,  for 
the  support  of  H.M.  Government ;  the  certificates  he  sends  are 
proofs  that  the  bills  are  annually  and  duely  sunk,  and  that  the 
credit  of  and  value  of  those  that  remain  rises,  while  this  is  the 
case  the  art  of  man  will  not  induce  the  Assembly  to  apply  the 
interest  in  any  other  way,  and  it  will  be  a  dangerous  thing  to  let 
such  a  sum  remain  in  the  Treasurer's  hands  etc.  Concludes, 
ut  supra.  Set  out,  N.Y.  Col.  Docs.  V.  pp.  858,  859.  Signed, 
J.  Montgomerie.  Endorsed,  Reed.,  Read  9th  Oct.,  1728. 
Holograph.  4f  pp.  Enclosed, 

356.  i.  Duplicate  of  No.  ii  encl.  preceding.    Same  endorsement. 

31  pp.    [C.O.  5,  1054.  ff.  298— 302u.] 

357.  Mr.  Attorney  and  Mr.  Solicitor  General  to  the  Council 
of  Trade  and  Plantations.    We  have  considered  the  Act  of  New 
York  for  preventing  prosecutions  by  informations,  and  the  annexed 
Memorial  etc.,  and  are  of  opinion  that  the  said  Act  is  a  high 
encroachment  upon  H.M.  undoubted  prerogative  of  proceeding 
by  way  of  information,  and  of  dangerous  consequence,  and  there- 
fore not  fit  to  be  approved.  Signed,  P.  Yorke,  C.  Talbot.  Endorsed, 
Reed.  14th  Aug.,  Read  3rd  Sept.,  1728.    1%  pp.   Enclosed, 

357.  i.  Copy  of  No.  4. 

357.  ii.  Copy  of  No.  313.     [C.O.  5,  1054.    ff.  283,  283u.,  2840.- 

288,  289.] 

358.  Lord  Townshend  to  the  Council  of  Trade  and  Planta- 
tions. Encloses  following  for  their  report  and  desires  "  an  account 

of  the  present  state  of  the  Bahama  Islands and  in  what 

manner  it  appears  to  you  that  Governor  Phenney  behaves  in  the 
discharge  of  his  office."    Signed,  Townshend.    Endorsed,  Reed. 
Read  14th  Aug.,  1728.  1  p.  Enclosed, 

358.  i.  Remarks  on  the  Island  of  Providence.  3  sloops  only  and 
20  seafaring  men,  some  absent.  About  100  men  that 
can  bear  arms  in  all  the  island,  many  always  absent  ; 
difficult  to  make  a  jury  of  12  men.  If  Mrs.  Phenney  were 


176  COLONIAL   PAPERS. 

1728. 

gone,  and  an  Assembly  settled,  many  inhabitants  would 
come.  The  Governor  ingrosses  all  the  trade.  Mrs. 
Phenny  sells  rum  by  the  pint,  and  biscuit  by  the  half 
ryal.  The  present  Lessees  have  a  lease  of  21  years,  of 
which  half  is  now  expired  ;  but  have  power  to  grant 
land  for  99,  but  former  inhabitants  pretend  titles  to  the 
land  near  the  sea  etc.  that  it  requires  an  Act  of  Assembly 
to  settle  titles.  They  have  expended  £35,000  in  that 
undertaking,  building  forts  etc.,  but  some  of  their 
Agents  have  dyed,  some  been  taken  by  the  Spaniards, 
and  others  applyed  their  goods  to  their  own  use.  The 
pirates  have  been  dislodged,  and  the  island  defended 
against  the  Spanish  attack,  but  if  some  care  be  not 
taken,  the  pirates  will  plunder  and  take  possession  of 
Providence  again,  or  the  Spaniards  seize  on  it.  Bahama 
Proprietors  the  same  as  Carolina,  and  Lord  Berkeley 
added  etc.  Notes  of  Governor  Phenny's  account  of  the 
islands.  Endorsed  as  preceding.  I%pp. 

358.  ii.  Mr.  Curphy  to  Sir  Chas.  Wager.  When  your  Honour 
was  pleased  to  enquire  of  me  after  the  state  of  the 
Bahama  Islands,  and  the  administration  of  Captn. 
Phenny,  I  both  truly  and  particularly  gave  you  an 
account  of  its  present  unhappy  circumstances.  Refers 
for  further  particulars  to  one  Boswell  formerly 
Commander  of  the  Company's  trading  sloop  at 
Providence,  who  has  already  given  an  account  to 
Capt.  Hide  etc.  "  He  will  confirm  every  article  I 
have  offered  in  regard  to  the  male  proceedings  of 
that  Governor,  whose  conduct  only  has  caused  it  to 
be  forsaken  by  all  that  were  in  any  capacity  of  going 
off  from  that  island."  Signed,  Tho.  Curphy.  Same 
endorsement.  Copy.  1  p. 

358.  iii.  Mr.  Curphy  to  Mr.  Hughes.  June  28,  1728.  Gives 
an  account  of  the  circumstances  of  the  execution  of 
John  Wadsworth.  Enclosed  in  following.  Signed, 
Tho.  Curphy.  Same  endorsement.  Copy.  3  pp. 

358.  iv.  Edward  Hughes,  Judge  Advocate  General,  to  the 
Duke  of  Newcastle.  Horse  Guards,  July  28,  1728. 
I  think  it  my  duty  to  lay  before  your  Grace  the  cruel 
and  unlawful  proceedings  of  Capt.  George  Phenney 
of  an  Independant  Company  at  Providence.  In 
1722  a  court-martial  was  held  there,  when  John 
Wadsworth  was  tried  for  desertion.  The  Court  was 
composed  of  Capt.  Phenney,  Lt.  John  Howell,  contrary 
to  the  Act  of  Parliament  which  appoints  the  President 
not  to  be  under  the  degree  of  a  field  officer  and  not 
less  than  12  other  commission  officers.  Wadsworth 
was  condemned  and  the  proceedings  confirmed  by 
the  Lords  Justices,  but  I  refused  to  grant  a  warrant 


AMERICA   AND   WEST  INDIES. 


177 


1728. 


Aug.  14. 


Aug.  14. 

Whitehall. 


for  his  execution  on  finding  the  illegality  of  the 
proceedings.  In  less  than  a  month  after  my  refusal, 
a  letter  came  from  Governor  Phenney  recommending 
him  for  mercy,  and  the  first  Clerk  of  the  War  Office 
informed  me  H.M.  had  pardoned  Wads  worth,  who 
had  been  18  months  in  a  dungeon  underground. 
Lately  at  the  War  Office  a  Chaplain  informed  me 
that  the  Governor  had  born  the  poor  man  a  very  ill 
well,  and  as  he  found  he  could  not  try  him  by  martial 
law,  he  appointed  his  Lieut.,  John  Howell  Attorney 
General  and  another  officer  Judge  of  the  Admiralty 
and  a  Court  and  a  Jury  of  old  pyrats  and  mulattoes 
(for  there  is  few  others  on  the  Island,  driven  away 
by  the  unheard  of  cruelty's  of  the  Govr.)  and  they 
proceeded  to  try  Wadsworth  for  a  pyracy,  in  that 
he  took  a  small  canoe  with  2  paddles  and  went  to 
some  part  of  the  island  in  company  with  one  Hart. 
Both  were  condemned  and  Wadsworth  hanged  etc. 
Asks  for  "  an  enquiry  into  the  conduct  of  this  cruel 
man,  and  for  the  murther  of  a  poor  unfortunate  gentle- 
man who  was  kept  in  the  island  on  such  a  slavery 
which  caused  him  to  desert  "  etc.  Signed,  E.  Hughes. 
Same  endorsement.  3  pp.  [C.O.  23,  2.  ff.  148, 
1490.—  1500.,  151t;.,  152,  153t;.-157i;.] 

359.  Col.  Dunbar  to  Mr.  Popple.  Mr.  Armstrong,  deputy 
to  his  predecessor,  Mr.  Burniston,  lately  marked  out  770  trees 
for  H.M.  use,  from  24  to  35  in.  diameter,  and  made  a  seizure 
of  2000  logs  of  the  same  diameter  etc.,  each  of  which  the 
inhabitants  having  cut  within  their  townships,  alledged  were 
not  within  the  jurisdiction  of  the  Admiralty,  and  that  being 
felled  they  remained  the  property  of  the  fellers  etc.  Is  informed 
they  have  been  condemned.  Is  sailing  for  N.E.  in  14  days 
and  desires  the  Board's  directions,  any  acts  or  papers  for  his 
instruction  ;  and  the  limits  of  Nova  Scotia,  since  there  is  a 
large  country  lying  waste  between  it  and  New  England,  upon 
which  grows  the  best  timber.  Unless  this  is  esteemed  part  of 
Nova  Scotia,  as  it  was  when  the  French  had  it,  he  will  want 
power  to  mark  out  there  any  of  the  200,000  trees  to  be  reserved 
for  H.M.  use.  Signed,  David  Dunbar.  Enclosed,  Reed.  13th 
(sic.),  Read  28th  Aug.,  1728.  Holograph.  2  pp.  [C.O.  5, 
870.  ff.  119,  119t;., 


360.  Council  of  Trade  and  Plantations  to  the  Duke  of 
Newcastle.  Enclose  following. 

360.  i.  Same  to  the  King.     Enclose  following. 

360.  ii.  Draught  of  Instruction  for  Governor  Philipps 
relating  to  the  observance  of  the  Acts  of  Trade  and 
Navigation.  In  the  usual  form.  [C.O.  218,  2.  pp. 
120,  121.] 

C.P.XXXVI—  12 


178 


COLONIAL   PAPERS. 


1728. 
Aug.  14. 

Whit  oil  all. 


Aug.  14. 

Barbados. 


361.  Council  of  Trade  and  Plantations  to  the  Duke  of 
Newcastle.  Enclose  following  to  be  laid  before  the  King. 
Autograph  Signatures.  1  p.  Enclosed, 

361.  i.  Draughts  of  H.M.  Warrants  to  the  Governors  of  the 

Massachusets  Bay,  New  Hampshire,  New  Jersey  and 
Bermuda,  empowering  them  to  use  the  new  Seals 
(described),  and  requiring  them  to  return  the  old 
Seals  to  be  defaced  etc.  [C.O.  5,  4.  Nos.  34,  34. 
i-iv  ;  and  5,  916.  pp.  170-174.] 

362.  Governor  Worsley  to  the  Duke  of  Newcastle.    Encloses 
following  Address.     Continues  : — After  it  was  read  in  Council, 
I  ordered  an  Address  to  be  read  of  the   General  Assembly, 
16th  Feb.  1720  ;    in  which  there  are  these  words,    "  We  cannot 
express  the   discontents  occasioned  by  those   charges,   which 
tend  apparently  to  revive,   and  support  an   expiring  faction 
among  us,  who  are  known  enemies  to  the  peace  of  their  countrey, 
and  have  been  always  suspected  of  disaffection  to  your  Majesty, 
and  your  Royal  House."     I  must  also  beg  leave  to  observe  to 
your  Grace  a  particular  passage  in  the  Address  of  the  present 
Assembly,    "  Or  redressing  any  grievances  the  people  labour 
under."     Upon  this  head  I  had  the  honour  to  observe  to  your 
Grace,  4th  Aug.  1727,  that  the  Assembly  thought  themselves 
upon  the  same  foot  as  the  Parliament  of  Great  Britain,  and 
they  have  for  these  many  years  aimed  at  it ;     on  9th  Aug. 
1698,  an  Act  was  passed  here,  to  declare  and  ascertain  the  rights 
and  powers  of  the  General  Assembly.     But  the   18th  of  May 
following  King  William  repealed  that  Act,  so  that  I  can't  be 
enough  surprised  to  find  them  attempt  it  again.     In  the  last 
paragraph  of  their  Address  to  me  they  say,    "  We  shall  loose 
no  time  in  passing  the  Excise  bill  recommended  to  us,  nor  shall 
we  be  wanting  to  propose  all  such  other  bills  as  in  our  humble 
apprehensions  shall  tend  to  the  publick  peace,   welfare,  and 
good  Government  of  the  Island,   with  dutiful  regard  to  the 
honour  and  dignity  of  the  Crown."     And  at  the  same  time, 
as  your  Grace  will  observe  by  a  copy  of  their  Excise  bill,  which 
I  have  sent  your  Grace  inclosed,  tho'  not  yet  passed  the  Council, 
they  have  shewn  very  little  regard  to  the  Crown,  and  would 
encroach  upon  the  King's  prerogative,  as  is  evident  from  the 
several  provisions  they  have  now  put  in  this  Excise  bill  :    "  That 
a  particular  account  of  all  such  necessaries  and  utensils  be  first 
laid  before  the  Assembly  to  be  by  them  inspected,  regulated, 
and  approved  of,  and  they  thereon  address  the  Governor  etc., 
and    Council   for   the   payment   thereof ;     and   the    Treasurer 
for  the  time  being  is  hereby  strictly  enjoyned  and  required 
not  to  pay  or  allow  of  any  order  or  orders  that  shall  be  granted 
or  obtained  for  the  payment  of  such  necessarys  and  utensils, 
unless  such  order  or  orders  be  obtained  in  manner  aforesaid, 
and  the  Committee  of  publick  accounts  for  the  time  being  is 


AMERICA   AND   WEST   INDIES.  179 

1728. 

hereby  strictly  required  and  enjoyned,   not  to  allow  of  any 
order  or  orders  that  shall  be  granted  or  obtained  for  the  pay- 
ment of  such  necessarys  or  utensils,  unless  the  same  be  obtained 
in  manner  aforesaid,   to  the  credit  of  the  Treasurer  for  the 
time  being,  upon  his  accounting  with  them,  any  law,  usage,  or 
custome  to  the  contrary  notwithstanding."     For  keeping  the 
Magazine  buildings  in  repair,    "  for  which  no  summ  or  summs 
of  money  shall  be   paid  to  any  person   or  persons  whatsoever 
by  the  Treasurer  for  the  time  being,  on  any  order  or  orders 
that  shall  be  hereafter  past,  but  such  only  as  shall  be  addressed 
for  by  the  General  Assembly,  and  obtained  in  the  same  manner 
as  is  herein  before  appointed  in  this  clause,  nor  shall  they, 
or  any  of  them,  be  allowed  of  by  the  Committee  of  publick 
accounts   to   the   credit   of  the   Treasurer,   on   his   accounting 
with  them  "    etc.     An  attempt  of  this  nature  was  never  yet 
made    before    in    this    Island,    and    contrary    to    H.M.    34th 
Instruction  to  me,  and  having  notice  thereof,  before  the  bill 
was  read  the  second  time  for  passing,  I  sent,  by  the  Provost 
Marshall,   an  authentick  copy  of  the  said  Instruction  to  be 
laid  before  the  Assembly,  yet  they  had  no  regard  to  it,  and 
passed  the  bill  the  second  time,  and  sent  it  to  the  Council, 
and  upon  perusing  the  bill,  finding  that  it  was  not  drawn  so 
carefully  but  that  it  clashed  with  some  other  of  H.M.  Instruc- 
tions ;    before  the  bill  was  read  in  Council,  fearing  least  they 
might  likewise  pass  it,  I  told  them  that  they  were  H.M.  Council 
in  this  Island,  and  that  they  might  not  be  ignorant  of  H.M. 
commands,  I  had  ordered  the  Clerke  to  lay  before  them  H.M. 
15th,  16th,  21st  and  34th  Instruction  to  me.     Upon  which  the 
Council  made  amendments  to  the  bill  nemine  contradicente, 
which,  with  the  bill,  were  sent  down  to  the  Assembly  etc.     Refers 
to    enclosed   Minutes    of   Council.     Continues : — To    which   the 
Assembly  disagreed,  and  desired  a  conference  with  the  Council, 
which  the  Council  agreed  to  the  next  day,  and  a  Committee 
was  appointed  to  confer  with  a  Committee  of  the  Assembly, 
and  after  the  Conference  was  over,  the  Committee  of  the  Council 
made  their  report  to  the  Council,   and  sent  it  down  to  the 
Assembly,  and  at  the  same"  time  desired  to  know  if  what  they 
had  therein  reported  to  the  Council,  were  their  reasons  for  not 
concurring  with  the   Council  in  their  said  amendments,  and 
if  there  was  anything  added,  or  diminished,  that  they  would 
set  it  right,  and  return  it  in  writing,  and  then  the  Council  would 
return    an    answer    thereto    etc.    (v.    Minutes    of   Council    and 
Assembly).     I  must  now  beg  leave  to  make  some  observations 
from  the  Minutes  of  the  present  Assembly  ;    On  the  13th  of 
July,  the  first  day  they  met,  they  sent  two  Members  to  me 
to  know  to  what  time  they  should  adjourn,  but  have  since 
that  adjourned  of  their  own  accord  ;    In  their  Minutes  of  the 
25th  past  they  agreed  to  a  petition  to  H.M.  of  grievances, 
and  tho'  it  passed  the  House,  yet  it  was  not  ordered  to  be 


180  COLONIAL   PAPERS. 

1728. 

entered  in  their  Minutes,  so  that  I  can't  have  a  sight  of  it,  but 
I  am  told  it  is  much  the  same  they  sent  last  year,  when  thirteen 
of  them  met  together  tho'  they  were  then  prorogued ;  In  the 
Minutes  of  the  5th  instant,  they  chose  a  new  Speaker,  and 
Collo.  Peers  was  chose  nemine  contradicente,  indeed  I  had 
approved  of  him  before  at  the  beginning  of  the  Sessions,  but 
yet  I  think  they  ought  to  have  known  if  I  would  approve  of 
him,  their  custome  is  to  choose  a  new  Speaker  after  every 
four  sittings  ;  In  the  Minutes  of  the  same  day  they  have  passed 
a  bill  to  exclude  the  Members  of  the  General  Assembly  from 
certain  offices  civil  and  military,  which  was  rejected  last  year. 
In  the  Minutes  of  the  8th  of  August,  there  is  somthing  very 
particular  in  Mr.  McMahon's  Speech,  "  that  they  could  not 
with  any  regard  to  the  rights,  properties,  or  libertys  of  the 
people  they  represent,  recede  from  what  they  had  proposed 
and  agreed  to  in  the  said  bill."  The  same  Gentleman  makes 
an  observation  upon  me,  which  indeed  proceeded  from  a 
mistake  in  the  Clerk  of  the  Council,  in  minuting,  that  the 
report  was  made  to  me  and  the  Council,  tho'  I  did  no  ways 
vote  with  them,  and  only  appointed  the  Committee,  which 
the  Council  told  me  I  ought  to  do,  and  it  has  always  been 
the  practice  upon  the  passing  of  all  bills,  for  the  Governor  to 
be  present,  and  whenever  the  prerogative  of  the  Crown 
interferes  with  the  interest  of  these  people,  it  may  not  be 
thought  unnecessary,  especially  since  the  Assembly  say  upon 
this  head,  that  their  interest,  and  that  of  the  Council,  is  all 
one  ;  (v.  Report  of  Committee  of  Council).  I  am  at  a  loss  to 
know  what  they  mean  by  the  rights,  properties,  and  liberties 
of  the  people  ;  in  this  very  strain  they  talk't  last  year,  and 
how  far  they  may  carry  it  I  can't  tell.  I  think  they  have  none 
but  what  appears  in  H.M.  Commission  and  Instructions  to  his 
Governour,  and  I  am  induced  to  believe  it,  not  only  from  the 
repeal  of  an  Act  to  ascertain  the  rights  and  powers  of  the  General 
Assembly,  as  abovementioned,  but  also  from  the  repeal  of  an 
Act  passed  1697,  for  the  better  securing  the  liberties  of  H.M. 
subjects  etc.,  which  is  the  very  same  as  the  Habeas  Corpus  Act 
in  England,  and  was  repealed  the  9th  of  July,  1702,  tho'  they 
do  enjoy  the  benefit  of  it  by  H.M.  Instructions  to  the  Governour. 
The  12th  instant  the  Assembly  sat,  and  taking  into  consideration 
the  Council's  message  in  relation  to  the  Committee  of  Council's 
report  etc.  (supra]  they  ordered  that  a  copy  of  their  Minutes 
relating  to  the  Excise  bill,  should  be  forthwith  delivered  to  the 
Clerk  of  the  Council,  and  the  Council  sitting  the  next  day,  it  was 
laid  before  them,  by  which  your  Grace  will  see,  that  the  Assembly 
insist  upon  having  given  full  and  weighty  reasons  to  the 
Committee  of  the  Council,  for  their  disagreeing  to  their  amend- 
ments to  the  Excise  bill,  and  that  the  Committee  of  Council  had 
not  reported  their  reasons  to  the  Council,  as  they  were  urged, 
and  that  they  were  ready  to  confer  with  the  Council  on  the 


AMERICA   AND   WEST   INDIES. 


181 


1728. 


Excise  bill,  and  their  amendments  which  they  had  disagreed  to ; 
After  the  said  Minutes  were  read,  the  Council  sent  a  message 
to  the  Assembly  in  the  words  following  : — "  The  Council  having 
observed  by  the  Minutes  of  the  Assembly,  that  the  Gentlemen 
of  that  House  had  suggested,  that  the  Committee  of  the  Council 
appointed  to  confer  with  them  about  the  amendments  made 
to  the  Excise  bill,  had  misrepresented  their  meaning  in  several 
particulars,  have  resolved,  in  order  to  prevent  any  misunder- 
standing for  the  future,  and  to  shew  their  readiness  to  joyn 
with  them  in  everything  that  is  consistent  with  their  duty, 
and  the  publick  good,  that  they  will  draw  up  their  reasons 
in  writing  for  making  such  amendments  (for  which  purpose 
they  have  appointed  a  Committee)  and  that  a  copy  of  such 
their  reasons  should  be  sent  to  them  etc.  But  as  I  believe  the 
Assembly  will  not  agree  to  the  amendments  of  the  Council, 
I  am  afraid  they  will  not  pass  another  Excise  bill,  tho'  I  should 
prorogue  them  (as  I  guess  I  shall  be  obliged  to  do)  after  such  a 
manner  as  the  Council  can  pass,  or  I  give  my  assent  to,  until 
H.M.  commands  in  relation  to  these  amendments  shall  be 
signified  ;  and  what  makes  me  the  more  apprehensive  of  it 
is,  that  the  same  notions  of  the  rights,  libertys  and  properties 
of  the  people  are  almost  universally  imbib'd  by  the  inhabitants 
of  this  Island.  P.S.  The  Amendments  of  the  Council  to  the 
Excise  bill  are  in  the  Minutes  of  the  6th  inst.  etc.  Signed, 
Henry  Worsley.  Endorsed,  Rd.  Oct.  8th.  13  pp.  Enclosed, 

362.  i.  Excise  bill  as  passed  by  the  Assembly,  25th  July, 
1728.     Copy.     27%  pp.     [C.O.  28,  44.     No.  122  (covering 

letter  only)  ;    and  (enclosure  only)  28,  39.     No.  49.] 

Aug.  14.         363.     Governor    Worsley    to    the    Council    of    Trade    and 
Barbados.     Plantations.     Duplicate  of  preceding  covering  letter,   mutatis 

mutandis.     Signed,    Henry    Worsley.     Endorsed,    Reed.     7th, 

Read  15th  Oct.,  1728.     13  pp.     Enclosed, 

363.  i.  Governor  Worsley's  Speech  to  the  Assembly.     Pro- 

poses loyal  address  and  recommends  passing  of  the 
Excise  Bill  and  repair  of  fortifications  etc.  "  We 
cannot  be  too  zealous  in  demonstrating  our  loyalty 
and  duty  to  H.M.,  and  in  inculcating  the  same 
principles  amongst  the  people  of  this  island  etc.  Those 
only  who  have  such  principles  can  expect  my  counten- 
ance and  favour."  Copy.  Certified  by  Wm.  Webster, 
D.  Secry.  1  p. 

363.  ii.  Address  of  the  Assembly  of  Barbados  to  Governor 
Worsley.  July  25,  1728.  'Tis  with  hearts  filled 
with  zeal  and  humble  affection  to  H.M.  most  sacred 
person,  and  Government,  that  wee  the  Representatives 
of  H.M.  most  dutifull,  and  loyal  subjects  etc.  do 
acknowledge  your  Excy's.  favour,  in  giving  us  this 
oppertunity  of  appearing  their  choice  in  the  first 


182  COLONIAL   PAPERS. 

1728. 


Assembly,  under  our  most  gracious  Sovereign.  Wee 
most  unfeignedly  acknowledge  the  inestimable  goodness 
of  the  divine  Providence  in  securing  to  us  the  succession 
of  so  heroic,  so  glorious  and  so  deservedly  beloved  a 
Prince,  to  the  Throne  of  his  royal  Father,  our  late 
dear  Sovereign  Lord,  etc.,  from  whose  royal  influence 
only  wee,  in  common  with  his  other  subjects  can 
hope  for  the  security  of  our  libertys  and  the  enjoy- 
ment of  our  religious  and  civil  rights.  These,  may  it 
please  your  Excellency,  are  the  well  known  sentiments, 
not  only  of  ourselves,  but  of  all  the  inhabitants  of  this 
Island  whom  wee  represent,  who  have  never  omitted 
laying  hold  of  any  occasion  to  demonstrate  to  the  world 
their  loyalty,  and  duty  to  H.M.,  and  the  sincere  warm 
affection,  long  since  kindled  in  their  bosoms,  in  favour 
of  a  Protestant  King,  in  preference  to  a  popish  Pre- 
tender ;  and  therefore  'tis  matter  of  surpriz  and 
affliction  to  us  to  observe  in  your  Excellency's  Speech, 
an  insinuation,  as  if  some  among  us,  or  the  people 
wee  represent  were  wanting  in  principles  founded  in 
loyalty,  or  duty  to  so  excellent  a  monarch.  Sure  wee 
are,  a  charge  of  this  nature,  as  it  has  no  foundation, 
will  find  credit  nowhere  ;  nor  shall  such  a  misrepre- 
sentation have  any  other  effect  on  our  conduct  than 
to  incite  us  by  a  constant  persevering  in  the  same 
principles,  wee  have  hitherto  profest,  and  acted  by, 
ever  full  of  loyalty  duty  and  affection  to  his  present 
Majesty,  to  satisfy  the  world  that  wee  have  no  ways 
deserved  it,  and  that  however  wanting  wee  may  be 
in  other  respects  wee  are  not  behind  any  of  H.M. 
subjects  in  loyalty  duty  and  affection  to  him.  Wee 
now  beg  leave  to  assure  your  Excellency  that  if  wee 
are  not  obstructed  by  long  adjournments  and 
prorogations,  wee  shall  chearfully  enter  on  the  publick 
business,  and  dispatch  it  with  the  utmost  application. 
'Tis  with  concern  wee  are  forced  to  appeal  to  the 
Minutes  of  ye  last  Assembly  for  a  proof  of  the  many 
unhappy  consequences  frequent  prorogations  may 
be  attended  with  in  respect  to  the  prosperity  and 
welfare  of  this  poor  island,  by  preventing  the  repre- 
sentative body  from  even  proposing  any  advantages 
to  trade  or  redressing  any  grievances  the  people 
labour  under.  And  as  the  ruinous  condition  of  the 
forts,  batterys  and  fortifications  must  give  the 
inhabitants  dismal  apprehensions  of  greater  calamities 
than  they  have  yet  felt,  at  a  time  especially  when 
our  enemies  the  Spaniards  have  taken  our  ships  in 
the  latitude,  wee  cannot  may  it  please  your  Excellency, 
but  humbly  represent  to  you  that  unless  effectual 


AMERICA   AND   WEST   INDIES.  183 

1728. 

methods  may  speedily  be  pointed  out  and  provision 
made  for  repairing  them,  wee  shall  of  all  H.M.  subjects 
in  the  Collonys  be  most  exposed  to  ruin  and  desolation. 
And  as  it  becomes  us  from  the  trust  reposed  in  us  by 
the  People,  not  to  conceal  from  your  Excellency  the 
true  state  of  their  condition,  wee  humbly  take  leave 
further  to  represent  to  your  Excellcy.  that  the  large 
tax  which  the  inhabitants  have  been  obliged  for 
several  years  past  to  pay  for  your  Excy's  use  (the 
payment  whereof  brings  almost  the  whole  currt. 
cash  of  this  Island  yearly  into  your  Excy.'s  coffers, 
and  thereby  in  great  measure  stagnates  trade,  and 
at  the  same  time  lowers  the  value  of  all  our  countrey 
produce)  hath  so  reduced  them,  and  drained  the 
island  that  they  cannot  support  the  load  of  any  new 
impositions  (the  annual  excise  excepted)  and  therefore 
if  that  heavy  tax  be  continued,  unless  your  Excellency 
will  for  the  dignity  of  the  Government,  apply  a 
reasonable  proportion  thereof  towards  the  repair  of 
the  forts,  batterys  and  fortifications  they  must,  for 
some  time  at  least,  remain  in  the  wretched  condition 
they  are  now  in  etc.  Wee  shall  lose  no  time  in  passing 
the  Excise  bill,  nor  shall  we  be  wanting  to  propose 
all  such  other  bills  as  in  our  humble  apprehensions 
shall  tend  to  the  publick  peace,  welfare  and  good 
Government  of  the  Island,  with  dutyfull  regard  to 
the  honour  and  dignity  of  the  Crown.  Signed,  Robt. 
Warren,  Cl.  of  the  Assembly.  Endorsed,  Read  7th 
Oct.,  1728.  Copy.  3f  pp. 

363.  iii.  Address  of  the  Assembly  of  Barbados  to  the  (late) 
King.  16th  Feb.,  1720.  Complain  of  the  measures 
taken  by  President  Sharpe  to  encourage  the  enemies 
of  H.M.  House  and  permission  of  trade  with  the 
French,  and  of  his  continual  adjournments  of  the 
House  etc.  Signed,  Edmund  Sutton,  Speaker  and 
19  others.  Endorsed  as  preceding.  Copy.  3  pp. 

363.  iv.  Duplicate  of  No.  362  i.     Same  endorsement.     [C.O. 

28,  20.    ff.  2-8,  9v.,  10,  ll-12z;.,   13i;.-16,  17^30^.] 

Aug.  15.         364.     Order   of    King    in    Council.      Approving    represent- 

Hampton     ation   of  Board  of  Trade,  and  ordering  that  the  Governor  of 

Court.        Barbados  recommend  the  Assembly  to  make  immediate  payment 

of  what  is  found  due  to  Mr.  Whitworth  for  his  fees  as  Secretary, 

and  for  the  future  etc.      Set  out,  A.P.C.   Ill,   No.   154.     q.v. 

Signed,    Ja.    Vernon.     Ifrd  pp.     Endorsed,  Reed.   19th  Oct., 

Read  20th  Nov.,  1728.     If  pp.     Enclosed, 

364.  i.  Account  of  fees  due  to  Mr.  Whitworth  as  Secretary 

of  Barbados.  Total,  £1333  125.  Qd.  Signed,  Frans. 
Whitworth.  2|  pp.  [C.O.  28,  39.  Nos.  45,  45  i  ; 
and  (without  enclosure)  28,  20.  ff.  70,  70u.,  71i>.] 


COLONIAL   PAPERS. 


1728. 
[Aug.  15.] 


Aug.  20. 


Aug.  20. 

Barbados. 


365.  (1)  Order  of  Council,  28th  March,  with  instructions 
to  Col.  Dunbar.     Copy.     2|  pp. 

(2)  Order  by  the   Lords   Commissioners   of  H.M.   Treasury 
upon  above.     Copy.     2  pp. 

(3)  H.M.  Instructions  to  David  Dunbar,  Surveyor  General 
of  the  Woods  on  the  Continent  of  America.     Richmond.     13th 
June,  1728.     Copy.     6  pp. 

(4)  H.M.  Warrant  for  salaries  for  Col.  Dunbar  (for  marking 
the   200,000  acres   in   Nova   Scotia)   £200  ;     and  his  deputies 
(£100  each)  25th  June,   1728.     And  for  two  deputies,  ships- 
carpenters,   £100  each,   and  £200  for  assistant  surveyors  etc. 
Richmond.     25th     June,     1728.     Copy.     5     pp.     The     whole 
endorsed,     Copys  from  the  originals  reed,  from  Col.  Dunbar, 
15th  Aug.,   Read  20th  Nov.,   1728.     [C.O.   323,   8.     Nos.   97, 
97  i-ii.] 

366.  Mr.   Attorney  General  to  the  Council  of  Trade  and 
Plantations.     Reply   to   6th   Aug.     Concludes  : — No   proof  has 
been  laid  before  me  of  the  facts  contained  in  the  said  papers, 
and   therefore   the  following    opinion    proceeds    only   upon    a 
supposition  that  they  are  represented  in  a  true  light  etc.     I 
conceive  that  the  prosecution  against  Mr.  Donavan  being  for 
the  duty  charged  by  the  Act  of  Assembly  of  1724  upon  rum, 
and  not  for  any  penalty  thereby  inflicted,  none  of  the  clauses 
inserted  in  either  of  the  said  Acts  for  excluding  the  power  of  the 
Crown  to  grant  nolle  prosequVs  in  the  cases  of  penalties  do 
extend  to  this  case,  and  altho'  the  said  duty  is  appropriated 
towards  the  support  of  the  Government  of  the  said  Island, 
yet  I  apprehend  H.M.  may  properly  judge,  upon  circumstances 
laid  before  him,  how  far  it  is  reasonable  to  permit  his  officer 
to  carry  on  a  prosecution  in  H.M.  name  for  the  recovery  of 
the  said  duty  in  a  particular  instance  ;     wherefore  I  am  of 
opinion  that,  as  the  circumstances  of  this  case  are  represented, 
H.M.  may  lawfully  order  his  Attorney  General  to  stay  pro- 
ceedings   and    enter  a  nolle  prosequi  etc.     Signed,   P.   Yorke. 
Endorsed,  Reed.  24th,  Read  28th  Aug.,  1728.     2f  pp.   Enclosed, 

366.  i.  List  of  papers  referred  and  returned  (6th  Aug.).     1  p. 

[C.O.  137,  17.    ff.  72-73,  74,  75v.] 

367.  Governor    Worsley   to  the  Duke  of  Newcastle.     The 
Assembly,  upon  the  message  the  Council  sent  them  (v.  14th 
Aug.),  came  to  the  following  resolutions,     (i)  That  the  delays 
given  to  the  passing  of  the  Excise  bill,  are  unpresidented,  and 
the  matters  or  amendments  insisted  upon,  are  no  wise  reason- 
able,  but  tend  to  the  manifest  injury  and  prejudice  of  the 
people  in  general,  and  to   the   infringement   of  the   rights   of 
this  House,  which  in  the  end,  must  not  only  prove  of  ill  conse- 
quence to  H.M.  interest,  and  Government,  by  the  neglect  of 
providing  for  the  payment  of  the  matrosses,  and  the  repairs 


AMERICA  AND   WEST  INDIES.  185 

1728. 

of  the  forts,  etc.  but  to  the  great  impoverishment  of  the  people 
etc.,  in  disposing  of  publick  money  without  the  inspection  of 
the  Representatives  in  the  Genii.  Assembly,  (ii)  That  passing 
of  orders  for  summs  of  money  on  account  of  the  publick  works 
and  uses  in  this  Excise  bill,  before  such  accounts  are  inspected 
into,  examined,  and  approved  of  by  the  General  Assembly,  is 
of  fatal  consequence  to  the  people  of  this  Island,  and  their 
properties,  and  contrary  to  the  true  intent,  obvious  meaning, 
and  plain  construction  of  H.M.  most  gracious  Instruction,  so 
often  before  mentioned  in  the  Minutes  of  this  House,  (iii) 
That  this  House  in  order  to  enforce  their  former  reasons,  still 
are  ready  to  give  the  Members  of  H.M.  Council  another 
Conference,  free  and  independent,  which,  if  not  comply'd  with, 
this  House,  for  many  and  weighty  reasons,  do  continue  of  the 
same  opinion  as  when  the  said  bill  passed  this  House,  and 
therefore  as  before,  do  dissent  to  such  pretended  amendments." 
These,  with  the  Minutes  of  the  Assembly  of  the  13th  instant 
relating  to  the  Excise  bill,  were  ordered  to  be  sent  to  the  Council. 
Refers  to  Minutes  of  Council  for  these  and  the  Council's  reasons 
for  their  amendments,  "  which  were  drawn  up  by  a  Committee 
of  the  Council,  with  the  assistance  of  H.M.  Attorney  General ; 
and  the  Assembly  notwithstanding  their  3rd  resolution  afore- 
mentioned, design  to  consider  them  the  29th  instant.  By 
this  your  Grace  will  observe  what  unaccountable  notions  are 
crept  universally  into  the  minds  of  the  generality,  almost  of 
all  the  people  of  this  Island  ;  I  had  thought  of  dissolving  the 
Assembly  immediately  upon  their  passing  such  an  Excise  bill, 
after  I  had  laid  H.M.  Instructions  before  them,  but  I  was 
apprehensive,  that,  would  only  raise  a  greater  flame  in  the 
countrey,  especially  as  I  have  not  received  H.M.  commands 
upon  the  conduct  of  the  last  year's  Assembly  ;  however,  to 
undeceive  the  people  concerning  their  opinion  of  the  rights 
and  powers  of  the  General  Assembly  ;  I  have  ordered  King 
William's  repeal  of  that  Act,  which  was  the  18th  May,  1699, 
to  be  published  in  all  the  Churches  the  25th  instant,  and  the 
reasons  of  the  Council  for  their  amendments  to  the  Excise  bill, 
are  published  in  the  four  towns  in  this  Island,  which  I  hope 
will  quiet,  a  little,  the  minds  of  the  people,  so  as  to  prepare  them 
for  a  dissolution,  or  at  least  a  prorogation.  P.S.  The  duplicate 
of  my  last  letter  with  the  papers  annext,  I  have  not  been  able 
to  get  copyed  to  go  by  this  conveyance."  Signed,  Henry  Worsley. 
Endorsed,  Rd.  Oct.  25th.  5  pp.  [C.O.  28,  44.  No.  123.] 

Aug.  20.         368.     Same    to    the    Council    of    Trade    and    Plantations. 

Barbados.     Duplicate  of  preceding,  mutatis  mutandis.  Signed,  Henry  Worsley. 

Endorsed,  Reed.  25th,  Read  29th  Oct.,  1728.     5  pp.  "  Enclosed, 

368.  i.  Minutes  of  Council  of  Barbados,   17th  Aug.,   1728. 

Endorsed,    Reed.    25th    Oct.,    1728.     Copy.     20    pp. 

[C.O.  28,  20.     ff.  33-35,  36i;.-37,  39-48t;.] 


186 


COLONIAL   PAPERS. 


1728. 
Aug.  23. 

Jamaica. 


Aug.  24. 

Jamaica. 


Aug.  25. 

Tunbridge 
Wells. 


369.  Governor  Hunter  to  Mr.  Stanyan.     Refers  to  following. 
Continues : — [The   Assembly]    stand    prorogu'd    to    August    at 
their  own  request,  haveing  enter'd  into  a  tacit  resolution  to  do 
no  buss'nesse  till  they  knew  the  fate  of  their  sugar  bill  which 
by  ye  advice  of  ye  Council  I  could  not  assent  to.     I'm  afraid 
that  Mr.  Ayscough  who  it  seems  proposes  to  himself  an  interest 
in  keeping  on  foot  the  old  differences  between  the  Council  and 
Assembly  will  give  me   some  trouble,   there  is  nothing  they 
dread  here  more  than  the  countrey's  falling  again  under  his 
administration.     I    have    done    my    best    to    save    him    from 
scrutiny    in    matters    that    I    judg'd     not     material,    but    ye 
Assembly  or  ye  majority  there  persist  in  their  resolution  to 
call  him  to  acct.  in  matters  within  their  cognizance  such  as 
the  disposition  of  the  publick  money  etc.     The  remote  residence 
of  Swymmer,  Campbell  and  Stout  putts  me  to  a  strait  frequently 
for  want  of  a  quorum  in  Council  etc.     Repeats  recommendation 
of  A.  Forbes,  E.  Charlton,  and  W.  Needham  to  fill  vacancies, 
and  enquiry  for  commands  relating  to  Mr.  Coleman's  Deputy's 
proposal,  and  for  reprieve  for  Miller.     Adds  :    I  have  labour 'd 
hard  for  a  reconciliation  between  ye  Council  and  Assembly, 
but  have  not  as  yet  succeeded.     I  hope  I  may  in  time.     Some 
small  change  in  ye  Council  might  do  it  effectually  etc.     Signed, 
Ro.    Hunter.     Endorsed,   Rd.  Nov.    24th.     Holograph.     3  pp. 
[C.O.  137,  53.    ff.  80-81i;.] 

370.  Governor    Hunter    to    the    Council    of    Trade    and 
Plantations.     Encloses  duplicate  of  Aug.  5th,  and  Minutes  of 
Council    and    Journals     of    Assembly    etc.     Continues : — The 
Receiver   General's   accounts    are   incerted    at    length  in   the 
Minutes  of  the  Council,  by  which  your  Lordships  will  percieve 
the  true  state  of  H.M.  Revenue.     I  cannot  promise  etc.  any 
great  success  from  the  Assembly  when  they  meet  again,   of 
their  passing  into  laws  the   several  matters   I  recommended 
unto  them  at  the  opening  of  the  last  Session,  but  as  the  weather 
grows  cooler  so  I  hope  their  passions  and  little  resentmts  at 
one  another  will  abate  etc.     Signed,  Ro.  Hunter.     Endorsed, 
Reed.  23rd  Nov.,  1728,  Read  25th  Feb.,  1729.     If  pp.     [C.O. 
137,  17.    ff.  131,  131u.,  132u.] 

371.  Mr.   Harris  to  Mr.   Popple.     In  reply  to  20th  Aug. 
Has  not  heard  of  any  complaints  against  Governor  Phenney, 
but  has  heard  that  several  of  the  old  inhabitants  and  some 
new  settlers  have  left  Providence  because  there  is  no  Civil 
Government   or  Assembly,   though  the  want  of  it   has   been 
represented  from  time  to  time  for  seven  years.     Continues  :— 
"  I  am  told  his  wife  hath  had  differences  with  other  ladys  of 
ye  Island  but  I  am  apt  to  think  such  bagatel  storys  will  weigh 
litle  with  their  Ldps.  towards    dispossessing    one  of  ye    best 
English    Governours    that    ever    was    in    America.     Hath    he 


AMERICA  AND   WEST   INDIES. 


187 


1728. 


Aug.  26. 

Virginia. 


squeezed  £7000  a  year  from  ye  people  for  nothing,  or  can  any 
accuse  him  of  raising  contributions  of  £6000  for  passing  laws 
he  was  directed  to  pass  etc.  On  the  contrary,  hath  he  not 
built  the  very  best  fort  in  the  British  Colonies  without  any 
expence  to  the  Government  and  for  which  the  estimates  laid 
before  the  Government  amounted  to  £90  and  £110,000,  so  as 
they  were  always  discouraged  from  so  chargeable  an  under- 
taking etc.  I  think  he  never  had  any  salary  from  the  Governmt. 
other  then  what  attended  his  command  of  an  Independent 
Company,  and  I  doubt  there  is  no  better  reason  for  his  remove 
then  ye  pressing  instance  of  another  for  his  post.  In  short 
Governors  of  much  merit  being  rare  I  could  not  say  less  of  one 
so  deserving  tho'  known  to  few  and  without  a  patron  at  home 
etc.  Signed,  Rd.  Harris.  Endorsed,  Reed.  26th,  Read  27th 
Augt.,  1728.  If  pp.  [C.O.  23,  2.  ff.  160,  1600., 


372.  Lt.  Gov.  Gooch  to  the  Council  of  Trade  and 
Plantations.  Having  received  advice  that  application  hath 
been  made  to  your  Lordships  for  repealing  a  law  made  here 
in  the  year  1726  for  the  more  effectual  preventing  the  bringing 
tobacco  from  North  Carolina  and  the  bounds  in  controversie  ; 
I  take  the  first  opportunity  to  lay  before  your  Lordships  the 
reason  of  passing  that  law,  and  then  to  obviate  some  objections 
which  I  hear  have  been  offered  to  your  Lordsps.  against  it. 
As  the  people  of  Virginia  have  from  its  first  settlement  applied 
themselves  solely  to  the  making  of  tobacco,  so  they  have  from 
time  to  time  tied  themselves  up  to  such  certain  rules  in  the 
planting,  tending  curing  and  packing  of  it,  as  they  judged 
most  expedient  to  advance  and  support  its  reputation  in  the 
European  markets  ;  and  to  prevent  all  fraudulent  practices 
whereby  their  staple  commodity  might  be  depretiated.  This 
naturally  led  them  to  consider  and  guard  against  the  indirect 
practices  of  their  neighbours  ;  since  all  their  regulations  must 
have  been  rendered  vain  if  the  next  Province  was  left  at  liberty 
to  pour  in  upon  them  all  the  trash  tobacco  they  could  make, 
and  to  export  it  hence  as  the  manufacture  of  Virginia.  This 
so  much  concerned  the  Virginia  interest  that  to  prevent  it  an 
act  was  made  in  the  year  1679  whereby  the  importation  of 
tobacco  from  Carolina  and  other  parts  without  the  Capes  was 
prohibited  under  the  penalty  of  forfeiture  thereof.  This  Act 
continued  in  force  until  the  year  1705  when  all  the  Laws  of 
the  Colony  were  revised  and  brought  into  one  body,  and  then 
an  Act  almost  in  the  same  words  was  prepared  against  the 
importing  tobacco  from  North  Carolina  under  the  like  penalty 
with  the  former  ;  which  last  act,  as  I  am  informed,  was  seen 
and  approved  by  your  Lordships  before  it  passed  the  Assembly 
here  ;  but  as  neither  of  the  Acts  were  found  effectual  to  prevent 
the  mischief,  tobacco  being  still  clandestinely  brought  in  to 
Virginia  from  Carolina  and  ship'd  off,  and  there  could  be  no 


188  COLONIAL   PAPERS. 

1728. 

forfeiture  without  a  previous  seizure,  it  was  judged  necessary 
by  this  last  Act  in  1726  to  lay  a  further  penalty  on  the  seller 
or  purchaser  of  such  tobacco  which  is  all  the  alteration  this 
last  law  has  made  in  the  former  prohibitions.  And  if  the 
reasons  upon  which  these  prohibitions  are  founded,  be  just 
and  provident,  I  doubt  not  the  enforcing  the  same  by  an 
additional  penalty  will,  by  your  Lordships,  be  judged  so  too. 
I  hear  only  of  three  objections,  my  Lords,  against  the  con- 
tinuing of  this  Act.  First,  that  the  discouraging  the  people 
of  Carolina  from  making  of  tobacco  will  lessen  H.M.  Revenue. 
The  Second.  That  it  will  force  the  people  of  Carolina  upon 
manufactures  prejudicial  to  the  trade  of  Great  Britain.  The 
third.  That  it  is  unjust  and  unneighbourly  towards  the  people 
of  that  Province.  As  to  first,  I  believe  it  is  demonstrable  that 
H.M.  Revenue  is  no  ways  increased  by  the  importation  of 
more  tobacco  then  can  be  consumed  in  Great  Britain,  since 
for  all  of  that  which  is  exported  the  whole  duty  is  drawn  back  ; 
and  as  the  tobacco  made  in  Carolina  is  of  that  sort  which  must 
be  exported,  being  not  fit  for  the  home  consumption,  it  is 
plain  that  the  Customs  will  no  ways  be  increased  thereby, 
nor  suffer  any  diminution  if  there  was  not  one  pound  made 
in  that  Province.  To  the  second,  it  must  be  answered  ;  that 
the  inhabitants  of  No.  Carolina  have  been  under  the  same 
restraint  for  these  fifty  years  past,  and  yet  no  such  manu- 
factures have  as  yet  been  sett  up  amongst  them  ;  and  'tis  to 
be  presumed  that  while  they  have  other  commodities,  such 
as  pitch,  tar,  pork,  rice,  hides  and  tallow  with  which  they 
have  hitherto  supplied  themselves  by  way  of  barter  with  the 
people  of  Virginia  and  the  other  Plantations,  there  will  be  no 
danger  of  their  undertaking  manufactures  of  their  own,  where 
they  are  provided  with  very  few  materials,  and  can  be  supplied 
from  their  neighbours  at  a  cheaper  rate.  But  my  Lords,  give 
me  leave  to  say,  that  they  who  made  this  objection  did  not 
consider,  how  much  greater  inconveniencies  may  happen  to 
the  manufactures  of  Great  Britain,  should  the  inhabitants  of 
Virginia,  by  an  overstocking  of  the  tobacco  markets,  and  in 
consequence  thereof  the  lowering  of  its  price,  find  themselves 
under  a  necessity  of  leaving  off  planting,  and  of  endeavouring 
to  cloath  themselves  with  their  own  manufactures,  for  which 
they  have  abundant  more  materials,  both  for  woolen  and 
linnen  than  the  people  of  North  Carolina  can  possibly  have 
for  many  years.  As  to  the  last  objection  of  the  injustice  to 
our  neighbours  of  Carolina,  who  having  no  ports  of  their  own 
are  denied  the  benefit  of  the  neighbouring  ports  to  ship  off  the 
produce  of  their  labour.  Your  Lordships  I  hope  will  allow 
me  to  say,  according  to  the  general  rule,  that  every  one  ought 
to  use  his  own,  as  thereby  to  do  no  injury  to  his  neighbour ; 
which  will  hold  good  as  well  in  common  policy  as  morality. 
So  that  the  inhabitants  of  Carolina  have  no  reason  to  complain, 


AMERICA   AND   WEST   INDIES.  189 

1728. 

if  they  are  restrained  from  making  use  of  the  ports  and  harbours 
of  Virginia,  when  it  is  prejudicial  to  its  own  trade,  and  dos 
manifest  injury  to  its  own  inhabitants.  If  the  people  of  Carolina 
will  make  tobacco,  and  can  ship  it  from  their  own  ports,  it  will 
then  be  known  where  it  was  made,  and  Virginia  will  receive 
no  discredit  by  it ;  but  if  they  will  put  off  their  trash  as  the 
product  of  Virginia,  it  is  a  cheat  upon  the  buyer  and  the  general 
trade  of  this  Colony  must  suffer  by  it.  My  Lords  thus  I  have 
endeavoured  to  state  this  case  in  the  clearest  light  I  can,  and 
submit  it  to  your  Lordships  judgment ;  for  as  I  had  no  hand 
in  making  the  law  now  in  question,  I  am  little  concerned  in 
its  fate  whether  it  stands  or  falls  ;  only  I  should  be  sorry  to 
find  the  people  of  Virginia  disobliged  by  the  repeal  of  this  Act, 
which  has  for  a  long  time  been  judged  of  great  importance  to 
the  Colony  ;  when  at  the  same  time  it  only  indulges  a  few  in 
the  next  Province  to  employ  themselves  in  that  which  will 
bring  no  reputation  to  the  tobacco  trade.  And  indeed  if  what 
the  merchants  in  England  urge  be  true  that  there  is  more  tobacco 
already  sent  from  hence  than  can  be  vended  in  the  European 
markets  ;  your  Lordships  are  the  best  judges  whether  the 
opening  a  new  source  be  at  this  time  seasonable.  Signed, 
William  Gooch.  Endorsed,  Reed.  19th  Oct.,  Read  26th  Nov., 
1728.  Holograph.  2f  pp.  [C.O.  5,  1321.  ff.  85-86*;.] 

[Aug.  27.1  373.  Martha  Vere  to  the  Council  of  Trade  and  Plantations. 
Before  Capt.  Phenney's  arrival,  1721,  Providence  was  in  a 
hopeful  state  and  some  substantial  traders  supplied  the 
inhabitants  with  a  competency  of  provisions  etc.  But 
before  many  months,  the  Governor's  wife  by  engrossing  all  the 
provisions  brought  to  Providence  and  all  the  produce  of  the 
island  and  retailing  the  same  at  exorbitant  prices  has  caused 
half  the  inhabitants  to  depart,  leaving  only  those  who  are 
unable  to  remove  and  therefore  at  her  mercy.  After  buying 
all  the  commodities  that  island  produced,  for  voyages  home, 
she  told  the  inhabitants  that  the  Governor  would  pay  them, 
but  his  answer  was  that  he  meddled  with  none  of  his  wife's 
affairs  etc.  The  Governor  and  his  wife  inveigled  from  me  an 
indented  servant  before  his  time.  He  occasioned  the  overseer 
of  the  negroes  under  my  care  to  go  off  the  island,  because  he 
offered  to  punish  the  slaves,  whereby  the  slaves  took  such 
encouragement  that  they  would  do  no  work  afterwards,  but 
walk  where  they  please,  and  threaten  me  with  the  Grandy 
Man,  meaning  the  Governor,  if  I  should  offer  to  oblige  them 
to  it  etc.,  till  Mr.  Skinner  the  Company's  Factor  came  over 
and  took  that  uneasy  charge  off  my  hand,  sold  the  negroes  and 
let  the  plantation  go  to  decay.  The  Governor  to  prevent  my 
comeing  home  used  several  unlawful  methods,  such  as  confineing 
me  and  exacted  Chancery  Court  fees  from  me  which  he  held 
to  oblige  me  to  deliver  up  to  him  the  estate  and  child  of  one 


190 


COLONIAL   PAPERS. 


1728. 


Capt.  Gale,  left  by  will  under  my  guardianship.  Several  people 
from  Bermudas  have  attempted  to  settle  upon  Providence 
but  soon  returned,  by  reason  of  arbitrary  usage  of  the 
Governour  and  his  wife.  She  has  frequently  brow-beated 
jurys  and  insulted  Justices  on  the  Bench  and  so  hindered  the 
execution  of  Justice  that  if  any  by  Justice  have  been  cleared 
she  has  found  means  of  punishing  them,  by  afterwards  bringing 
them  to  the  whipping  post,  and  if  condemned  to  any  corporal 
punishment,  she  has  in  opposition  had  them  released  etc. 
Endorsed,  Reed.,  Read  27th  Aug.,  1728.  If  pp.  [C.O.  23,  2. 
ff.  158,  15Sv., 


Aug.  27.  374.  Jeronimy  Clifford  to  Lord  Townshend.  Asks  for 
report  upon  his  petitions,  which  his  Lordship  promised  him 
a  month  ago  to  lay  before  the  King.  Is  kept  in  a  starving 
condition  at  his  lodgings  at  Charing  Cross  through  the  wicked 
practices  of  powerfull  adversaries  etc.  Signed,  Jer.  Clifford. 
Addressed.  1  p.  Enclosed, 

374.  i.  Same  to  Same.  Aug.  [  ],  1728.  Refers  to  the 
damage  and  injustice  inflicted  upon  him  by  the  Dutch 
Governors  and  Council  of  Surinam,  amounting  to 
very  great  sums,  and  to  H.M.  Order  in  Council  in  his 
favour  July  9,  1705.  (v.  C.S.P.  1704-5.  p.  xxix  etc.), 
from  which  he  has  not  yet  been  able  to  obtain  any 
benefit.  On  7th  Jan.  last,  indeed,  Sir  Robert  Walpole 
advised  him  to  let  drop  his  complaint  against  the 
Dutch.  This  he  cannot  do,  because  he  has  been 
informed  by  some  persons  in  the  Plantation  Office 
and  other  great  men  at  Court  that  upon  the  said 
Order  in  Council  there  had  been  paid  into  the 
Exchequer  by  the  late  Queen's  private  orders  great 
sums  for  his  account,  which  with  6  p.c.  interest  may 
now  amount  to  £100,000,  which  hath  or  will  be  divided 
amongst  some  covetous  people  here  etc.  Signed,  as 
preceding.  3f  pp. 

374.  ii—  v.  Accounts  of  Mr.  Clifford's  claims  against  the 
Dutch  Proprietors  of  Surinam,  on  account  of  his 
plantation  (Corcabo)  there  etc.,  amounting  to  £241,894 
sterl.  Signed,  as  preceding.  26  pp.  [C.O.  278,  i. 
ff-  1-16-1 


Aug.  28. 

Whitehall. 


375.  Council  of  Trade  and  Plantations  to  the  Duke  of 
Newcastle.  Enclose  following  ;  to  be  laid  before  the  King. 
Autograph  Signatures.  1  p.  Enclosed, 

375.  i.  Same  to  the  King.  In  reply  to  22nd  July,  they  have 
made  enquiries  of  the  Agent  of  Jamaica,  the  Con- 
tractors and  Victualling  Board  etc.,  whom  they  quote. 
Conclude  : — We  can  by  no  means  propose  to 
your  Majesty,  to  make  the  alteration  in  the  Act 


AMERICA   AND   WEST   INDIES.  191 

1728. 

in  question,  desired  by  Mr.  Donovan,  it  having 
ever  been  the  custom  for  your  Majty.'s  Royal 
Predecessors  either  absolutely  to  accept  or  reject  all 
such  Plantation  Laws  as  have  from  time  to  time 
been  laid  before  them  :  But  having  consulted  Mr. 
Attorney  Genl.,  we  humbly  conceive  your  Majesty 
may  considering  the  circumstances  of  this  case  be 
graciously  pleased  to  grant  Mr.  Donovan  a  noli 
prosequi.  And  to  remove  all  disputes  that  may  at 
any  time  arise  on  cases  of  the  like  nature,  propose, 
that  the  Governor  of  Jamaica  be  instructed  to 
recommend  to  the  Assembly  the  passing  of  a  law  for 
exempting  from  payment  of  duty  all  stores  and 
provisions  whatever  at  any  time  hereafter  really  and 
bona  fide  imported  into  Jamaica  for  the  service  of 
your  Majesty's  Royal  Navy.  And  we  are  the  rather 
encouraged  to  make  this  proposal  because  the  same 
is  perfectly  agreeable  to  the  general  intention  of  your 
Majesty's  Instructions  to  the  Govr's.  of  all  the 
Plantations,  who  are  expressly  restrained  from  giving 
their  assent  to  any  law  whereby  the  Trade  and 
Navigation  of  Great  Britain  may  be  anyways  affected, 
and  in  our  humble  opinion  laying  a  duty  upon  pro- 
visions or  stores  for  your  Majesty's  Royal  Navy, 
would  be  affecting  our  Navigation  in  a  very  essential 
part,  and  would  in  consequence  be  a  tax  laid  upon 
Great  Britain.  [C.O.  138,  17.  pp.  251-254;  and 
(without  enclosure)  137,  46.  No.  55.] 

Sept.  3.  376.  Petition  of  Joanna  Clarke,  widow,  to  the  Council  of 
Trade  and  Plantations.  Prays  for  payment  of  arrears  (£108 
15*.  9fd.)  due  to  her  late  husband,  Samuel  Clarke,  who  served 
as  Chamber  Keeper  ever  since  the  establishment  of  the  Office, 
for  sums  laid  out  by  him  for  the  use  of  the  Office.  Endorsed, 
Reed.,  Read  3rd  Sept.,  1728.  1  p.  [C.O.  388,  79.  No.  29.] 

[Sept.  3.]  377.  [?  Mr.  Curphey's]  List  of  men  capable  of  bearing  arms 
in  the  Bahama  Islands  besides  the  garrison;  Providence  66; 
Harbour  Island,  17  ;  Islathera,  32.  List  of  20  inhabitants 
that  went  off.  Names  given.  Endorsed,  Reed,  (from  Mr. 
Curphey),  Read  3rd  Sept.,  1728.  2j  pp.  [C.O.  23,  2.  ff.  162- 
1630.] 

Sept.  5.  378.  Thomas  Missing  of  Portsmouth  to  the  Council  of 
Trade  and  Plantations.  Memorialist  believes  it  would  be  a 
great  security  and  advantage  to  encourage  the  Protestant 
Palatines  to  go  to  Carolina,  and  "as  he  hath  a  correspondence 
that  way,  and  hath  with  reputation  carried  over  a  great  many 
to  America,"  he  will  on  the  Government's  encouragement, 


192  COLONIAL   PAPERS. 

1728. 

engage  to  deliver  yearly  such  a  number  as  H.M.  shall  appoint 
and  victual  them  till  they  can  support  themselves  etc.  Endorsed, 
Reed.,  Read  10th  Sept.,  1728.  f  p.  [C.O.  5,  360.  ff.  74,  750.] 

Sept.  6.  379.  Nicholas  Trott  to  [?  the  Duke  of  Newcastle.]  Hopes 
for  encouragement  to  return  and  live  at  Oxford  in  order  to 
print  his  explication  of  the  Hebrew  text  of  the  Old  Testament. 
If  nothing  else  can  be  done  for  him,  asks  to  be  restored  to  his 
office  of  Chief  Justice,  by  a  Commission  from  H.M.  "  to  which 
place  I  think  I  have  as  good  a  right  as  any  man  in  the  Province 
hath  to  his  land."  Continues  /—For  I  had  a  Commission  from 
the  Lords  Proprietors  for  that  office  not  dureing  pleasure  but 
dureing  my  good  behaviour  etc.  Argues  that  their  surrender 
of  their  Charter  cannot  void  any  grant  made  by  them,  for  if 
so,  all  the  people's  grants  for  their  lands  are  null  and  void  etc. 
He  once  presented  to  his  Lordship  at  the  House  of  Lords  one 
of  the  printed  specimens  of  his  explication  of  the  Hebrew  text 
etc.  Signed,  Nicholas  Trott.  3  pp.  [C.O.  5,  387.  No.  83.] 

Sept.  9.  380.  Thomas  Lowndes  to  [?  Mr.  Popple].  I  having  under 
the  direction  of  the  Earl  of  Westmoreland,  been  instrumental 
in  bringing  about  the  Crown's  purchase  of  the  Carolina's,  hope 
the  liberty,  I  take,  will  not  be  looked  upon  impertinent.  I 
have  accounts  from  good  hands  that  the  Agents  for  the  Penn 
family  have  quarrell'd  with  the  Palatins,  and  have  refused 
to  let  those  persecuted  people,  to  have  any  more  land,  in 
Pensilvania.  You  without  doubt  must  know,  that  great 
numbers  of  Palatins,  have  for  many  years  gone  to  Pensilvania, 
so  that  they  have  raised  the  price  of  land  from  £65  the  1000 
acres  to  £700.  The  accident  I  mentioned  puts  a  stop  to  any 
more  of  that  Nation  going  to  that  Colony.  The  next  year  a 
great  number  of  the  better  sort  of  inhabitants  must  be  forced 
to  quit  the  Palatinat  upon  account  of  their  religion.  If  proper 
encouragemt.  was  now  given  for  a  few  familys  to  go  and  settle 
in  South  Carolina,  so  that  they  might  acquaint  their  country- 
men with  the  goodness  of  that  Province,  South  Carolina  might 
be  quickly  peopled  with  honest  planters  ;  and  that  vast  tract 
of  uncultivated  land  to  the  southward  be  let  out  at  a  better 
quitt  rent  than  has  hitherto  been  paid  either  in  Virginia  or 
Carolina.  For  the  rivers  to  the  southward  are  very  navigable, 
and  the  land  perfectly  sound  and  good,  and  not  fenny  as  about 
Charles  Town  and  to  the  northward.  And  the  timber  is  the 
largest  in  all  North  America.  I  am  well  informed  that  in  the 
last  eleven  years  there  has  gone  to  Pensilvania  more  than 
17,000  Palatins  and  the  poorest  master  of  a  family  has  by  a 
fair  computation  taken  with  him  besides  paying  the  passage 
£50  sterling,  and  many  of  them  more  than  £600,  and  they 
always  go  well  provided  with  arms.  Signed,  Tho.  Lowndes. 
Endorsed,  Reed.,  Read  10th  Sept.,  1728.  2f  pp.  [C.O.  5, 
360.  ff.  72-73v.] 


AMERICA   AND   WEST   INDIES. 


193 


1728. 

Sept.  10.  381 .  '  Mr.  Popple  to  Thomas  Missing.  In  reply  to  5th 
Whitehall.  Sept.,  the  Lords  Commissioners  for  Trade  etc.  think  the  settle- 
ment of  a  number  of  Palatine  families  in  S.  Carolina  will  not 
only  speedily  render  that  Province  of  great  advantage  to  this 
Kingdom,  but  will  also  make  it  of  great  consequence  to  H.M. 
other  Plantations  in  America,  by  strengthening  in  so  effectual 
a  manner  their  Southern  frontier.  But  as  you  observe  to  their 
Lordsps.,  if  proper  encouragement  should  be  given  to  these 
parties,  that  you  can  form  a  method  of  sending  over  such  a  number 
of  them  yearly,  as  H.M.  shall  appoint  etc.,  I  am  to  desire  you 
will  let  their  Lordsps.  have  your  opinion,  as  soon  as  possible, 
what  encouragement  you  think  will  be  sufficient,  to  induce  a 
sufficient  number  of  families  to  settle  there,  and  what  your 
proposed  method  is.  [C.O.  5,  400.  pp.  239,  240.] 


Sept.  10. 

Whitehall. 


Sept.  10. 


Sept.  10. 


382.  Same  to  Mr.  Lowndes.     Reply  to  9th  Sept.     Duplicate 
of  preceding,    omitting   words   in   italics.     [C.O.    5,    400.     pp. 
239,  240.] 

383.  Mr.   Mulcaster,  Agent  to  the  Independent  Company 
at  the  Bahama  Islands,  to  the  Council  of  Trade  and  Plantations. 
Knows  nothing  of  the  complaints  against  Governor  Phenney 
sent  to  him  by  the  Board.     Asks  for  time  to  send  copies  to  him 
and  for  his  reply.     Thinks  that  Mrs.   Phenney's  trading  was 
done  if  at  all  without  any  intention  to  exclude  others,   but 
purely  from  a  necessity  to  preserve  the  lives  of  the  garrison  and 
inhabitants,  who,  by  Mr.  Curphey's  account,  are  of  so  lazy  a 
disposition,    that    they    never   will    work,    nor   even    look   for 
sustenance  till  hunger  compell  them,  nor  buy  more  commodities 
at  a  time  than  is  necessary  for  present  support  etc.     Signed, 
John    Mulcaster.     Endorsed,    Reed.,    Read    10th    Sept.,    1728. 
2  pp.     Enclosed, 

383.  i.  Mr.  Arnold,  Clerk  at  the  War  Office,  to  [Mr.  Hughes] 

Judge  Advocate  General.  Whitehall,  27th  August, 
1723.  Upon  Capt.  Phenney's  representation,  the 
Lords  Justices  were  pleased  to  pardon  John  Wads- 
worth  etc.  Signed,  Rd.  Arnold.  Copy.  1  p.  [C.O. 
23,  2.  ff.  164-165,  167u.] 

384.  Cuthbert  Jackson  of  London  Merchant,  Attorney  to 
Governor  Phenney,  to  the  Council  of  Trade  and  Plantations. 
Mrs.  Vere's  complaint  (Aug.  27)  is  false  and  malicious.     From 
all  accounts,   Providence   was  in  a  miserable  condition  both 
before  and  in  1721,  till  the  Bahama  Society  dispatched  the 
Providence  pink,  Capt.  Woodward,  with  goods  and  necessarys. 
She  arrived  Aug.,  1721,  and  Sept.  following  the  Bahama  galley 
arrived  there  with  295  slaves  from  Guinea.     The  Althea,  Capt. 
Roberts,  arrived  with  Governor  Phenney,  Nov.,  1721,  having 
a  very  rich  cargoe  and  severall  hundred  barrell  of  flower  for 

C.P. 


194  COLONIAL   PAPERS. 

1728. 

sale.  The  Samuel,  Capt.  Hampton,  was  dispatched  with  goods 
and  necessarys,  but  was  lost  in  her  passage,  and  the  Providence 
pink  sent  again  with  provisions.  All  these  cargoes  were  sent 
by  the  Bahama  Society  and  consigned  to  their  factors  there, 
viz.,  Thomas  Walker  and  Mr.  Coheir,  and  after  Mr.  Goheir 
came  away,  to  Mr.  Walker  and  Skinner,  but  Skinner  being 
taken  by  the  Spaniards  in  a  trading  voyage,  Mr.  Innes  was 
sent  over  in  his  place,  and  Walker  dying,  Skinner  was  again 
sent  thither.  The  sd.  factors  kept  a  storehouse  and  sold  their 
goods  for  the  account  of  the  Society,  and  the  Governor  was 
supplyed  from  thence  in  the  same  manner  as  the  rest  of  the 
inhabitants.  The  value  of  these  cargoes  amounted  to  much 
above  £15,000  sterling,  not  £800  whereof  was  ever  sold  to  the 
inhabitants,  exclusive  of  the  Governor,  because  of  their  idleness 
and  poverty,  tho'  sd.  goods  were  purposely  sent  to  accommodate 
them,  so  that  the  Society  was  forced  to  dispose  of  their  goods 
by  sending  them  off  the  Island  and  break  up  their  storehouse 
about  two  years  since.  This  is  a  plain  confutation  of  Mrs. 
Vere's  assertion  that  Governor's  Lady  immediately  engrossed 
the  trade,  since  both  he  and  the  inhabitants  were  supplied 
out  of  the  same  store  for  some  years.  After  the  Society  had 
declined  sending  provisions,  the  Governor  supplied  himself 
and  garrison,  at  his  own  charge  and  risque,  from  Ireland  and 
elsewhere,  the  Hanover  brigantine  loaded  at  Cork  once  and  the 
ship  Joseph  another  time,  his  flower  he  usually  had  from  the 
Continent,  and  has  always  acted  with  that  prudence  as  to 
have  constantly  several  months  store  beforehand  etc.  Mrs. 
Vere's  assertion  that  the  Governor's  Lady  made  it  her  practice 
to  buy  all  the  commoditys  the  place  produced  to  make  voyages 
home  etc.,  must  certainly  be  false,  because  most  of  the  bark 
(which  is  the  most  valluable  commodity  the  place  produces) 
has  come  to  Mr.  Samuel  Wragg  and  others  by  way  of  Carolina, 
wherein  neither  the  Governor  or  his  Lady  had  any  concern  etc., 
and  the  platt  is  a  new  thing  there  which  has  been  wholly  oweing 
to  Mrs.  Phenney's  industry  in  shewing  the  inhabitants  the 
way  and  putting  them  upon  it,  and  a  most  inconsiderable 
quantity  has  yet  come  from  thence.  Mrs.  Vere  was  house- 
keeper or  servant  to  Goheir,  who  came  from  thence  in  1721 
being  indebted  to  the  Society  for  10  slaves  etc.,  which  Mr. 
Skinner  sold  for  the  account  of  the  Society.  This  she  calls 
taking  the  uneasie  charge  off  her  hands.  'Tis  well  known 
to  the  whole  Island  that  Mrs.  Vere  was  for  some  time  under 
great  uneasiness  and  horror  of  mind,  the  occasion  of  which 
as  she  declared,  Mr.  Curfen  both  has  told  and  can  tell ;  so 
'tis  no  great  wonder  the  negroes  would  not  obey  her  when  she 
was  not  able  to  govern  herself.  As  a  sloop  is  expected  every 
day  from  Providence  with  several  of  the  inhabitants  on  board, 
prays  the  Board  to  suspend  the  matter,  "  till  we  shall  be  able 
to  produce  unanswerable  evidence  etc.,  to  clear  a  very  worthy 


AMERICA   AND   WEST   INDIES. 


195 


1728. 


Sept.  10. 


gentleman,  to  whom  I  am  possitive  his  reputation  is  more 
dear  than  his  very  life."  Signed,  C.  Jackson.  Endorsed, 
Reed.,  Read  10th  Sept.,  1728.  5|  pp.  [C.O.  23,  2.  ff.  168- 
170t;.,  1710.] 

385.  Copy  of  Privy  Seal  for  payment  of  salaries  of  the 
Board  of  Trade.  Countersigned,  John  Wooddeson,  Depty. 
5  pp.  [C.O.  388,  79.  No.  34.] 


[Sept.  13.]       386.     Governor  Burnet  to  the  Duke  of  Newcastle.     I  arrived 

here  on  the  19th  of  July  and  published  my  Commissions,  and 

met  the  Assembly  on  the  24th  of  that  month,  and  have  been 

sitting  with  them  ever  since  in  order  to  obtain  a  fixed  salary 

from  them  according  to  my  Instructions,  but  all  the  success 

I  have  yet  had  is  to  bring  the  Council  into  those  measures,  as 

for  the   Assembly,   they   continue   very   obstinate   against  it. 

I  hope  by  the  next  vessel  to  give  your  Grace  a  more  satisfactory 

account  of  their  proceedings,  and  am  with  the  greatest  respect, 

My  Lord,  Your  Grace's  most  dutifull  and  most  obedient  humble 

servant.     Signed,  W.  Burnet.     Endorsed,  Rd.  7th  Nov.,  1728. 

Dated  by  letter  of  26th  Oct.     Holograph.     2  pp.     Enclosed, 

386.  i.  Petition  of  Sundry  Members  of  the  Church  of  England, 

living  in  the  towns  of  Rehoboth  and  Barrington  in 

the  County  of  Bristol,  to  Governor  Burnet.     Sept.  2, 

1728.     Appeal  for  protection,  three  of  them  having 

been  distrained  upon  for  the  support  of  the  Dissenting 

Ministers  of  those  towns,  and  the  rest  being  equally 

liable.     Signed,    Jno.    Bowen,    Jabez    Brown,    John 

Bullock,  Nathl.  Browne,  Saml.  Carpenter,  Jno.  Hill, 

Daniel  Browne,  Luke  Thornton,  Mathew  Allen,  Joseph 

Browne,    Charles    Carpenter,    Benja.    Brown,    Olliver 

Brown,     Isaac    Brown,     Hezekiah    Brown,     Thomas 

Lindley,  John  Butterworth,  Peter  Robinson,  Ebenezer 

Robinson.       Read    in    Council,     5th    Sept.       Copy. 

Certified  by  J.  Willard,  Secry.     2|  pp.     [C.O.  5,  898. 

Nos.   45,   45  i ;    and,  endorsement  only,  Rd.   Dec.   10, 

of  duplicate  of  covering  letter,  5,  752.     No.  36.] 

Sept.  13.  387.  Same  to  the  Council  of  Trade  and  Plantations.  To 
Boston.  same  effect  as  preceding  covering  letter.  Encloses  copies  of  votes 
with  passages  marked  relating  to  the  salary.  Concludes :  In 
justice  to  the  Council  I  must  say  that  they  are  well  inclined. 
I  intend  to  continue  sitting  with  the  Assembly  till  they  comply, 
that  the  country  who  pay  about  a  thousand  pounds  a  month 
to  the  Council  and  Representatives  by  way  of  wages  during 
their  attendance,  may  feel  the  inconvenience  of  their  standing 
out  etc.  Signed,  W.  Burnet.  Endorsed,  Reed.  6th  Oct.,  Read 
7th  Nov.,  1728.  Holograph.  3  pp.  [C.O.  5,  870.  ff.  121- 
I22v.] 


196 


COLONIAL   PAPERS. 


1728. 

Sept.  13.        388.  Same  to  Mr.  Popple.     To  same  effect  as  preceding. 

Boston.       Signed  and   endorsed   as  preceding.     Holograph.      1  p.      [C.O. 

5,  870.  ff.  123,  124u.] 


Sept.  13. 

Barbados. 


389.  Governor  Worsley  to  the  Duke  of  Newcastle.  The 
7th  instant  I  had  the  honor  of  receiving  your  Grace's  letter 
of  the  24th  of  May  last,  with  a  copy  of  a  petition  of  the  Majority 
of  last  year's  Assembly  to  H.M.  dated  4th  Jan.,  1727.  I  can 
never  sufficiently  acknowledge  H.M.  great  goodness,  in  being 
willing  to  hope  that  this  complaint  has  no  just  foundation, 
and  if  it  had  I  should  alwayes  be  unworthy  of  the  least  of  the 
honours  and  favours  H.M.  has  been  pleased  to  confer  upon  me. 
I  shall  now  consider  the  facts  in  the  petition  abstractedly  from 
the  embellishments  that  spleen,  invention  and  words  could 
make  it  :  It  first  setts  forth  that  "  to  obtain  the  redress  of 
several  grievances,  the  Assembly,  on  my  arrival  here,  were 
wrought  upon  to  submit  to  a  settlement  of  £6000  sterling  per 
annum  on  me,  during  my  residence  here  in  the  quality  of  His 
late  Majesty's  Governor."  When  I  arrived,  and  they  proposed 
to  make  a  settlement  on  me,  I  told  them,  I  should  be  contented 
with  what  salary,  they  could  conveniently  allow  ;  But  I  am 
surprised  to  find  they  should  alledge  it,  to  be  only  during  my 
residence  here  in  quality  of  His  late  Majesty's  Governor  when 
the  very  Act  itself,  which  H.M.  confirmed  etc.,  has  these  words, 
Provided  always  that  this  Act  shall  be  in  force  etc.  for  so  long 
time  as  H.E.  Henry  Worsley  shall  continue  to  be  H.M.  Governor 
etc.  and  shall  in  that  quality  personally  reside  etc.  Certainly 
by  construction  of  law,  the  King  never  dies,  nor  could  it  be  the 
intent  of  the  law,  for  in  another  paragraph  the  tax  is  granted 
to  His  Majesty,  His  heirs  and  Successors.  The  next  is, 
"  That  the  Militia  has  been  totally  neglected,  the  forts,  breast- 
works and  batterys  are  gon  to  ruin,  the  publick  stores  are 
embezled  and  wasted,  and  all  persons  in  offices  under  H.E. 
busied  in  nothing,  but  how  to  raise  fortunes  from  the  ruins 
of  the  people,  by  inventing  new  fees,  arid  perquisites,  and 
increasing  the  former  fees  and  emoluments  of  their  several 
offices."  As  for  the  Militia  it  was  setled  by  a  law  of  1697 
(v.  20th  May  last),  by  which  the  Colonels  have  got  the  sole 
command  of  them  ;  Indeed  the  Governor  grants  the  Com- 
missions, but  how  is  that  ?  after  he  has  given  the  Colonel  his, 
the  Colo,  insists  upon  having  blank  Commissions  for  the  other 
officers.  I  have  always  put  in  the  Field  Officers,  but  that  has 
been  a  heart  burning.  I  own  I  have  not  made  a  general  review 
of  them,  this  would  put  the  Island  to  a  considerable  charge, 
and  has  been  a  ground  of  complaint  against  former  Governors  ; 
I  proposed  it  in  Council  the  12th  instant,  when  the  Councellrs. 
told  me  it  would  be  very  prejudicial  to  the  inhabitants,  who  are 
now  planting,  and  therefore  must  defer  it  till  next  spring  ;  and 
then  if  there  be  ever  so  many  defaulters,  or  any  that  want 


AMERICA   AND   WEST   INDIES.  197 

1728. 

arms,  or  accoutrements,  as  prescribed  by  the  law,  I  cannot 
fine  them,  but  is  only  in  the  power  of  the  Colonels  to  do  it, 
or  remit  it ;    By  the  Act  of  Militia  whoever  does  not  send  his 
complement,  every  foot  defaulter  pays  5  shillings,  and  every 
horse  defaulter  10s.,  and  if  they  are  exercised  only  every  two 
months,  that  will  be  in  a  year  £3.  for  a  horse  and  30s.  for  a  foot 
soldier  ;    and  what  gentleman  of  a  considerable  estate  would 
not  rather  pay  the  fine  than  be  oblidged  to  keep  the  man  ; 
and  most  of  them,  either  do  not  pay  at  all,  or  compound  with 
the  Marshalls  who  collect  the  fines,  and  I  believe  I  could  make 
it  appear  that  most  of  the  gentlemen  that  made  this  complaint 
do  not  send  their  complement,  and  some  I  am  told  send  none 
at  all ;   'tis  likewise  said  I  have  suffered  several  of  the  Regiments 
to  be  without  officers  ever  since  my  arrival  here,  tho'  I  did 
then  issue  proclamation,  that  all  officers  should  continue  in 
their  posts,  but  they  are  of  such  a  temper,  that  if  the  Colo, 
should  die,  the  other  officers  neglect  the  Regiments,  as  if  they 
held    their    Commissions    from    the    Colonels,    and    not    from 
the   Governor :     and  as  I   have    heard    about    three    months 
since    that    H.M.    had    been   pleased    to    appoint    me   (by    a 
new  Commission)  his  Governor  here  ;     I   have  all  the  blank 
Commissions  ready,  and  only  waite  the  arrival  of  it,  in  order 
to  fill  them  up,  and  deliver  them  out  :    and  I  can  assure  your 
Grace,   they  shall   not   have   any  occasion  for  the  future,   to 
complain  of  their  not  being  reviewed  ;     and  I  design  every 
exercising  day  to  see  one  or  other  of  the  Regiments  exercise 
as  I  have  lately  done,  and  were  it  in  my  power  to  fine  the 
defaulters,  and  them  that  are  anyways  difficient  in  arms,  or 
other  accoutrements,  they  should  have  no  reason  to  complain. 
As  to  the  forts  etc.  being  gon  to  ruin  refers  to  letter  of  May  20th. 
shewing  that    "  I   had   always   represented  to  the   Assemblys 
their  ruinous  condition,  and  if  they  will  not  provide  for  the 
repairing  them,  I  hope  it  will  not  be  imputed  to  me  as  a  fault. 
As  to  the  embezlement  and  waste  of  the  publick  stores,"   refers 
to  letter  of  2Qth  May.     Continues  : — I  am  the  more  surprised, 
that  if  this  country  did  lay  under  such  dismal  apprehensions, 
in  case  of  a  war,  for  want  of  a  sufficient  qty.  of  powder  or  other 
stores,  that  they  did  not  make  up  the  late  Storekeeper's  accounts, 
tho'  I  order'd  in  Council  the  20th  Feb.  last  the  Committee  of 
publick  accounts  to  make  them  up  ;   and  I  did  again  recommend 
it  in  Council  to  Mr.  Lightfoot  chairman  of  the  said  Committee 
etc.     Refers     to     Minutes     of    Council.     Continues : — I     can't 
therefore  think  they  are  realy  under  such  apprehensions,  in 
case  of  a  war,  of  want  of  powder  and  other  stores,  and  the 
country  I  believe  is  now  fully  sattisfy'd  that  there  has  been 
no  embezlement  of  them,  the  several  gunners  and  mattresses, 
having   voluntarily   given   their   oaths   that   no   embezlement 
has  been  made,  and  that  the  powder  removed  out  of  the  old 
magazine,  to  the  several  forts,  is  truly  and  bona  fide  the  same 


198  COLONIAL   PAPERS. 

1728. 

powder  that  was  so  removed,  without  any  alteration  whatsoever. 
The  next  head  of  complaint  is,  "  that  all  persons  in  offices 
under  me,  are  trusted  in  nothing  but  how  to  raise  fortunes 
from  the  ruins  of  the  people,  by  inventing  new  fees  and 
perquisites,  and  increasing  the  former  fees  and  emoluments  of 
their  several  offices."  I  can't  imagine  what  they  can  mean 
by  this  ;  a  complaint  was  made  to  me  against  the  late  Deputy 
Provost  Marshal,  for  exacting  fees  ;  this  I  refer'd  to  the  Judges 
and  to  the  Attorney  General  etc.  They  made  me  the  report 
not  in  favour  of  the  said  Depty.,  who  thereupon  resigned  etc. 
(v.  supra).  If  that  Deputy  has  injured  anybody  he  may  have 
his  remedy  at  law  and  may  prosecute  him  ;  I  have  done  all 
that  I  am  impowered  to  do  by  my  54th  Instruction  :  and  as 
I  am  impowered  together  with  the  Council,  by  H.M.  38th 
Instruction  to  regulate  all  fees,  I  have  order'd  lists  of  them 
to  be  laid  before  me  in  Council  etc.,  and  on  20th  Feb.  appointed 
a  Committee  of  the  Council  to  examine  them  and  report  etc.,  but 
they  have  not  yet  done  it,  alledging  they  have  not  been  able 
to  make  a  Committee  of  five  to  meet.  If  this  was  so  great  a 
grievance  to  the  country,  surely  five  Members  of  the  Council 
would  find  time  to  meet  in  order  to  -have  the  fees  regulated. 
They  further  say  that  the  trust  and  custody  of  the  Magazine 
has  been  in  the  hands  of  William  Webster  Esqr.  Deputy  Publick 
Secretary,  and  my  Secretary,  and  principal  Agent,  on  whom 
I  had  bestowed  the  following  places  ;  Major  of  the  Guards, 
Master  in  Chancery,  Capn.  and  chief  gunner  of  the  principal 
fortifications,  Surveyor  General  and  Captain  and  Commander 
of  the  Magazine  Guards.  I  now  beg  leave  to  represent  to  your 
Grace  how  the  Storekeepers  have  always  conducted  themselves 
in  their  office  ;  they  have  always  appointed  a  Deputy  in  St. 
Michael's  etc.  Colonel  Peers  the  present  Speaker  when  he  was 
Storekeeper,  one  Mr.  Thomas  Hacket  acted  for  him :  the 
succeeding  Storekeeper  Colonel  Downes,  employed  Mr.  John 
Cornor ;  Colonel  Leslie  who  succeeded  Colonel  Downes, 
employed  Mr.  Edward  Nichols  :  Colonel  Forbes,  the  present 
Deputy  Register  in  Chancery,  who  succeeded  Col.  Leslie, 
employed  Mr.  Christo.  Fowler,  and  Col.  Leslie,  who  was  chosen 
again  soon  after  my  arrival  here,  employed  Mr.  Edward 
Freeman,  Colonel  Durousseau  the  present  Storekeeper,  who 
was  chosen  by  the  last  Assembly,  and  still  continues  ;  employs 
his  son  in  law  Mr.  William  Whitesides  and  one  Thomas  Keeling. 
The  Storekeeper  that  receives  the  stores  from  his  predecessor 
is  obliged  to  give  security  in  a  bond  of  £2000  sterling,  for  the 
faithfull  execution  of  his  office  ;  as  for  Mr.  Webster,  he  tells 
me  he  never  had  the  care  or  custody  of  the  magazine  ;  Mr. 
Freeman  tells  me  he  has  always  had  the  care  and  custody  of 
the  magazine  and  stores,  under  Col.  Leslie,  and  assures  me 
Mr.  Webster  never  had  ;  for  that  he  the  said  Freeman  did 
always  receive  the  powder  and  clear'd  the  ships  in  his  own 


AMERICA  AND   WEST   INDIES.  199 

1728. 

name  for  Col.  Leslie,  of  which  he  will  give  his  oath.  If  the 
Committee  of  Accounts  would  but  make  up  the  accounts,  they 
would  soon  see  whether,  or  not,  the  powder  has  been  embezled, 
or  wasted  :  Mr.  Webster  was  recommended  to  me  by  the 
Court  of  Portugal,  where  he  had  lived  many  years  ;  upon  his 
arrival  here,  I  made  him  Captain  of  Needham's  Fort,  and  the 
rest  of  the  forts  and  batterys  of  St.  Michael's  Division,  in 
which  division  there  are  four  under  gunners  and  20  mattresses, 
the  salary  is  £100  currant  mony  of  this  Island  pr.  annum, 
which  is  paid  in  course,  and  is  sometimes  5  or  6  years  after 
the  order  is  granted  before  it  is  paid,  and  the  perquisites  may 
amount  to  about  £70  curt,  mony  more  pr.  annum.  I  own 
I  made  him  afterwards  Surveyor  General,  for  running  out 
and  setling  the  bounds  of  lands,  which  place  is  worth  to  him 
about  50  or  £60  a  year,  and  I  think  about  2  years  ago  he  was 
Captain  of  the  men  on  guard  at  the  magazine  for  about  a  month, 
upon  the  death  of  the  former  Captain  until  I  had  pitcht  upon 
another  ;  and  I  did  likwise  make  him  one  of  the  Masters  in 
Chancery  which  post  is  worth  about  30  or  £40  pr.  annum. 
As  to  his  being  Major  of  the  Horse  Guards  it  is  a  post  of  expence 
and  no  proffit ;  and  his  being  Deputy  Secretary  and  my 
Secretary,  that  was  by  deputation  from  Mr.  Whitworth  the 
Pattentee,  who  put  in  Mr.  Webster's  name  in  case  of  the  death 
or  absence  of  Mr.  Hammond,  who  is  gon  off  to  North  America 
for  his  health,  and  upon  his  return  has  the  office  again. 
However  'till  then,  that  the  General  Assembly  may  have  no 
reason  to  complain,  I  design  to  put  in  another  Captn.  gunner 
in  St.  Michael's  division,  in  that  they  say,  in  their  Minutes 
of  the  29th  past,  that  the  offices  of  Secretary  and  Captain 
gunner  are  incompatible,  because  the  Captn.  gunner  is  to 
deliver  in  upon  oath  to  the  Secretary  of  this  Island,  a  true 
and  just  account,  of  what  shall  be  due  to  himself,  under 
gunners,  and  mattresses  ;  tho'  having  laid  it  before  the  Council, 
as  it  depended  on  the  construction  of  a  law,  it  was  refer'd  to 
H.M.  Attorney  General,  who  has  reported  that  it  is  not 
incompatible,  and  that  he  might  swear  to  his,  and  the  under 
gunners  and  mattresses  accounts  before  me  in  Council,  which 
he  accordingly  did.  The  said  petition  further  sets  forth,  that 
about  their  "  procuring  a  redress  for  some  of  their  most  crying 
grievances  with  all  the  calmness  and  moderation  imaginable, 
and  with  due  defference  and  reguard  to  me,  I  sought  all 
occasions  to  exasperate,  maltreat,  insult  and  abuse  the 
Assembly,  who,  however  resolved  to  overlook  all  indignity s  for 
the  good  of  their  country,  and  I  finding  that  I  could  not  provoke 
the  Assembly  to  return  the  ill  treatment  they  met  with  from 
me,  did  on  the  5  of  October  last  command  them  to  adjourn 
for  4  weeks  etc."  I  refer  for  answer  to  this,  to  their  address 
to  me,  and  to  their  Minutes  of  the  Assembly,  the  last  year  : 
surely  the  supporting  H.M.  prerogatives  according  to  my 


200 


COLONIAL   PAPERS. 


1728. 


Sept.  13. 

Barbados. 


duty  ;  the  not  passing  a  bill  to  exclude  all  officers  civil  and 
military  from  being  Assembly  men  ;  the  not  suffering  them 
to  choose  a  pro  tempore  Speaker  without  my  approbation  ; 
the  taking  notice  of  their  adjourning  themselves  from  time  to 
time  and  from  place  to  place  without  my  consent ;  and  to 
adjourn  and  prorogue  them  when  I  see  them  attempt  to  bring 
in  a  bill  to  lessen  the  number  of  H.M.  mattresses  and  their 
salarys,  with  which  they  cannot  support  themselves  at  present 
as  they  are  paid,  cannot  be  thought  insulting  and  abusing  the 
Assembly,  and  tho'  they  may  think  they  are  doing  good  for 
their  country,  it  can't  be  imputed  as  a  crime  in  me.  Your 
Grace  may  have  observed  by  what  principles  they  are  actuated, 
from  the  Address  of  the  present  Assembly  to  me,  on  my  Speech 
to  them  and  their  subsequent  Minutes  etc.  Repeats  part  of 
following  letter.  Signed,  Henry  Worsley.  Endorsed,  Rd. 
13th  Nov.  25  pp.  Enclosed, 

389.  i.  Petition  of  William  Webster,  Captain  Gunner,  the 
under-gunners  and  matrosses  of  St.  Michael's  division 
to  the  Governor  in  Council.  Request  payment  of 
£349  3*.  lid.  for  their  salaries,  9th  Sept.,  1727— 
9th  March,  1728.  1  p. 

389.  ii.  Account  of  above  salaries  etc.     Signed,  Wm.  Webster. 

Copy.     2  pp.     [C.O.   28,   44.     Nos.   124,   124  i,  ii.] 

390.  Governor    Worsley    to    the    Council    of    Trade    and 
Plantations.     Repeats    parts     of    preceding     covering     letter. 
Adds  :• — The  7th  instant  I  had  the  honour  of  receiveing  your 
Lordships'  letter  of  12th  April  last,  by  which  I  find  that  I  may 
shortly  expect  H.M.  commands  in  relation  to  the  Assemblys 
assuming  to  themselves  a  power  of  adjourning  as  they  think 
fitt,   which  they  have  constantly  done  this  sessions,   (except 
the  first  time  they  met)  as  also  of  choosing    a   pro  tempore 
Speaker  without  my  approbation,  as  I  have  had  the  honour 
to  advise  your  Lordships.     The  publication  I  order'd  to  be 
made  in  all  the  churches  of  the  repeal  of  the  Act  declaring  and 
ascertaining  the  rights  and  powers  of  the  General  Assembly  has 
undeceived  many  of  the  inhabitants  thereof  who  before  thought 
the  Assembly  of  Barbados  had  the  same  powers  as  the  House 
of  Commons  in  Great  Britain,  and  that  they  had    "  a  coercive 
power  to  call  before  them  such  persons  as  shall  be  able  to  give 
evidence  in  matters  relateing  to  grievances  upon  H.M.  good 
subjects  of  this  island,  or  to  send  for  persons  papers  and  records 
in  order  to  the  better  discovery  and  redressing  such  grievances, 
and  for  the  better  enquiry  into  the  breach  of  H.M.  good  and 
wholesome  laws  of  this  Island,  without  which  they  could  by 
no  means  attain  to  such  good  ends  for  which  it  shall  please 
H.M.   to   call   them,   which  would  very  much  tend  to   H.M. 
dishonour  and  disservice  and  very  much  to  the  detriment  of 
H.M.  subjects  of  this  Island  "  etc.     This  is  the  preamble  of  the 


AMERICA  AND   WEST  INDIES.  201 

1728. 

Act,  which  upon  its  arrival  in  England  was  immediately 
repealed  by  King  William  tho'  the  Habeas  Corpus  Act  which 
they  had  passed  the  year  before  was  not  repealed  till  1702, 
upon  this  consideration  I  did  refuse  to  comply  with  the  Address 
of  the  last  year's  Assembly  for  the  copy  of  the  report  of  the 
Judges  upon  the  complaint  against  the  Deputy  Provost 
Marshall,  in  that  they  had  no  power  to  redress  grievances, 
which  your  Lordships  will  observe  they  do  still  assume  to 
themselves  in  their  Address  they  make  to  me  this  year,  and 
as  they  have  no  power  to  send  for  persons,  papers  and  records, 
I  did  refuse  to  lay  before  them  the  lists  of  the  fees,  especially 
as  H.M.  by  his  38th  Instruction  has  provided  a  redress. 
Quotes  instruction  to  Governor  with  advice  of  Council  to 
regulate  fees  and  that  tables  of  fees  be  hung  up  in  publick 
places  where  they  are  to  be  paid.  Continues  : — And  in  order 
thereto  on  the  28th  of  November  last  I  ordered  all  the  officers 
to  lay  a  list  of  their  fees  before  me  in  Council,  and  on  20th 
Feb.  last  I  appointed  a  Committee  of  the  whole  Council,  or 
any  five  of  them  to  examine  them,  and  to  make  their  report 
to  me  in  Council,  but  they  have  not  yet  done  it,  alledging  they 
have  not  been  able  to  get  a  Committee  of  five  of  the  Council 
to  meet,  if  this  was  so  great  a  grievance  to  the  country,  surely 
five  Members  of  the  Council  would  find  time  to  meet  in  order 
to  have  the  fees  regulated.  Quotes  postcript  from  Board's 
letter  relating  to  French  and  St.  Vincents,  v.  12th  April. 
Continues  :— In  the  island  of  St.  Vincent's,  there  are  blacks, 
Indians  and  some  French,  the  blacks  being  superior  to  the 
Indians,  possess  the  inland  part  of  the  island,  and  the  Indians 
are  retired  to  the  sea-coast,  where  the  French  settle,  and 
intermarry  with  them,  and  as  I  have  been  informed  they  do 
raise  corn,  but  no  French  vessells  have  brought  any  here, 
whether  any  English  sloops  have,  or  not  I  am  not  certaine, 
but  if  they  have  I  don't  know  of  any  law,  that  can  hinder  them. 
As  to  the  French  man  of  war  pretending  to  seize  any  English 
sloops  there,  for  cutting  of  timber,  I  never  heard  he  did,  but 
about  a  year  and  a  half  since  a  French  man  of  war  was  sent 
from  France  fitted  out  by  the  merchants  at  Nantz,  as  I  have 
heard  to  prevent  the  counterband  trade,  that  was  carryed  on 
at  Martinique  by  English  ships,  who  went  directly  to  Sta. 
Lucia  with  beef,  and  other  provisions,  or  toucht  here,  and  sold 
their  provisions  and  carryed  away  our  money  with  which  they 
went  to  Sta.  Lucia,  to  purchase  French  sugars,  which  were 
clandestinely  carryed  to  them  from  Martinique,  and  then 
proceeded  with  them  to  Holland,  or  other  forreigne  ports, 
where  they  could  enter,  this  allarm'd  the  French  merchants, 
and  was  the  occasion  of  their  petitioning  for  the  said  man  of 
war,  who  when  she  arrived,  went  to  Sta.  Lucia,  and  seized 
several  English  ships  and  other  vessells,  who  had  on  board 
sugars,  or  other  French  commoditys  brought  to  them 


202  COLONIAL   PAPERS. 

1728. 


clandistinely   from    Martinique    without   paying   the    King    of 
France  his  duty.     I  have  the  honour  to  inclose  to  your  Lord- 
ships the  Minutes  of  the  Assembly  of  the  29th  past ;   which 
is  in  answer  to  the  Councillors'  reasons  for  their  amendments 
to   the    Excise   Bill.     The    Assembly   say    'tis   notorious   that 
many  excise  bills  have  been  passed  even  during  my  Government, 
whereby  in  certain  cases  an  address  of  the  General  Assembly 
was  made  necessary,  previous  to  the  passing  orders  for  money 
rais'd  by  those  bills,  as  perticularly  in  the  cases  of  defraying 
the   charges   of  the   entertainments   of  the   Courts   of  Grand 
Sessions,  and  of  the  repairs  of  Pilgrim  etc.     Continues : — As 
to  the  first  case,  it  dos  not  appear  in  any  other,  but  the  two 
last  excise  acts,  by  a  law  of  this  island  the  expence  of  the  Grand 
Sessions  is  to  be  paid  out  of  the  casual  revenue,  but  by  my 
46  Instruction,  H.M.  commands  it  shall  be  paid  out  of  the 
publick  Treasury  of  the  Island,  and  with  some  difficulty  I  got 
it  inserted  in  the  Excise  bill  in  the  year  1726,  and  the  expression 
(upon   the   address   from   the   General   Assembly)    did   indeed 
escape  my  notice,  but  this  is  so  far  from  proving  a  right,  that 
on  the  contrary  it  shews  how  necessary  it  is  (even  in  the  most 
minute  things)  not  to  suffer  innovations.     Some  from  a  bare 
indulgence  in  small  things  are  apt  to  put  in  a  claim  of  right 
to  much  greater,  as  to  the  second  case,  the  repairs  of  Pilgrim 
House,  by  my  27  Instruction  H.M.  commands  that  the  General 
Assembly  are  permitted  to  assign,   or  provide  such  a  house 
or  rent  of  a  house,  and  consequently  I  thought  it  just  and 
reasonable  that  they  should  have  the  enquiry  into  the  repairs 
or  buildings,  and  even  laid  before  them  the  workmen's  receipts 
of  the  money  expended  for  the  said  repairs.     But  the  question 
now   I   take   to   be   whether   the    Assembly  have    a   right  of 
inspecting,  regulateing,  or  approveing  of  accounts,  before  an 
order    be    issued    for    them,    which   is    contrary    to    H.M.    34 
Instruction,  which  I  laid  before  them  before  they  passed  the 
bill  the  second  time.     The  Assembly s  have  always  addressed 
the  Governour  in  Council  for  moneys  upon  several  occasions, 
and  it  has  been  formerly  granted,  but  in  the  ordenary  use  of 
any  former  excise  act  an  address  was  never  made  necessary, 
and  that  without  it  no  order  should  pass,  or  if  it  did,  the 
Treasurer  should  not  pay  it,  or  if  he  paid  it,  the  Committee  of 
Publick  Accounts  should  not  allow  it,  'tis  certain  there  never 
was  such  an  use  in  any  preceeding  excise  bill,  since  the  settle- 
ment of  the  island.     But  this  proceeding  of  theirs  will  appear 
more  extraordinary,  when  your  Lordships  shall  consider,  what 
these   uses   are  for,   nothing  less   than   for  H.M.   stores,   and 
fortifications,  what  will  naturally  follow  this,  will  be  the  pay- 
ment of  the  gunners,  and  the  matrosses  in  the  same  manner, 
and  then  all  the  power  H.M.  Governour  will  have,  will  be  to 
name  the  matrosses,  who  will  certainly  serve  them,  that  can 
pay  them  ;    and  as  for  the  Militia  by  a  law  in  this  island  passed 


AMERICA  AND   WEST   INDIES.  203 

1728. 

by  President  Bond,  the  Collos.  have  got  the  sole  command  of 
them.  Indeed  the  Governours  grant  the  commissions,  but 
how  is  that  ?  after  he  has  given  the  Collo.  his,  the  Collo.  insists 
upon  blank  commissions  for  the  other  officers.  I  have  always 
put  in  the  field  officers,  but  that  has  ever  been  a  heart  burning. 
The  Assembly  do  not  pretend  to  make  out  the  warrants,  or 
orders  for  money,  that  servile  part  they  leave  to  the  Governour 
and  Council ;  nor  do  they  command  the  Governour  and  Council 
to  issue  orders  in  pursuance  of  their  addresses  ;  but  they  tell 
them  not  to  issue  the  money  for  such  uses,  till  they  have  first 
addressed  for  it,  so  that  notwithstanding  that  the  Governour, 
and  Council  have  found  it  necessary  for  H.M.  service,  and  the 
publick  good,  to  employ  persons  at  the  publick  expence  in 
pursuance  of  the  general  interest,  as  well  as  the  title  of  the  law, 
and  that  those  persons  should  faithfully  do  their  duty 
accordingly,  they  shall  never  have  an  order  for  their  money 
unless  they  have  interest  enough  with  some  leading  men  of  the 
Assembly  to  procure  it  for  them,  these  persons  were  formerly 
paid  on  the  head  of  emergencies,  which  orders  were  always 
paid  preferable.  They  particularly  mention  my  granting  an 
order  to  Mr.  Hammond  Deputy  Secretary  and  Deputy  Clerk 
of  the  Council,  I  did  grant  it,  with  the  advice  and  consent  of 
the  Council,  for  his  attending  at  the  Council  Board,  and  for 
transcribing  fair  minutes  and  duplicates  thereof  to  be  sent 
home,  and  entring  and  transcribing  the  laws,  and  publishing 
them  in  the  churches,  and  for  administring  an  oath  to  all 
masters  of  ships,  appointed  by  a  law  passed  in  1706,  and  for 
doing  many  other  things  for  the  publick,  as  appears  by  an 
account  sworn  to,  and  which  I  have  againe  ordered  to  be 
examined,  and  is  refer'd  to  a  Committee  of  Council  for  that 
purpose,  and  certainly  every  man  ought  to  be  paid  for  the  work 
he  hath  lawfully  done.  But  though  I  with  the  advice  and 
consent  of  the  Council  did  grant  it,  it  is  not  paid,  nor  can,  but 
by  an  use  in  the  excise  bill,  when  the  Assembly  shall  think 
fitt  to  make  one  ;  on  the  other  hand  the  Clerk  and  Marshall 
of  the  Assembly  have  their  annual  salarys,  and  even  made 
preferable  to  the  payment  of  H.M.  gunners,  and  matrosses, 
the  Clerk  has  £200  per  annum,  besides  an  allowance  of  about 
£60  per  annum  for  extraordenarys  pens  ink  and  paper.  The 
granting  the  Secretary  orders  for  such  extraordenary  services 
for  the  publick,  as  before  mentioned,  has  been  often  practiced 
in  this  island,  by  the  Minutes  of  the  23rd  April,  1723,  an  order 
was  granted  to  Mr.  John  Lenoir  the  Deputy  Secretary  for  the 
sum  of  £325  18*.  9rf.,  and  on  the  21st  day  of  January  172f, 
an  act  was  past  for  the  payment  of  the  same  as  appears  by  the 
Minutes  of  Council  of  the  same  day.  The  Committee  of  the 
Assembly  alledge  further  that  Collo.  Leslie  by  my  intervention 
farmed  the  office  of  storekeeper  to  Mr.  Hammond,  and  insinuate 
as  if  it  was  for  my  use.  The  store-keepers  have  always 


204  COLONIAL   PAPERS. 

1728. 

appointed  deputys  to  act  under  them,  who  live  in  town,  on 
account  of  the  daily  departure  of  the  ships,  and  the  storekeepers 
give  bond,  and  security  in  £2000  for  the  stores  they  receive  ; 
if  the  Committee  of  accounts  would  but  make  up  his  accounts, 
which  he  has  desired  them  often  to  do,  for  he  has  now  been 
near  twelve  months  out  of  that  office,  they  would  soon  see  if 
any  of  the  powder  was  imbezled  or  wasted  ;  ever  since  the 
20th  of  Feb.  last,  as  appears  by  the  Minutes  of  Council  of  the 
same  day,  I  have  ordered  them  to  do  it,  and  notwithstanding 
it  is  not  yet  done.  But  as  for  myself  I  know  of  no  contract 
by  my  intervention,  betwixt  Col.  Leslie  and  Mr.  Hammond, 
who  has  been  now  gone  off  of  this  island  for  North  America 
since  April  last  was  three  years,  and  if  there  has  been  any  it 
is  not  for  my  use,  as  they  would  insinuate.  The  Committee 
of  the  Assembly  further  add  in  the  said  Minutes,  "  that  several 
orders  had  been  issued,  and  that  too  for  some  thousands  of 
pounds  to  William  Webster  Esq.,  Capt.  Gunner  of  St.  Michael's 
division,  who  at  the  same  time  he  was,  and  is  Captain  Gunner, 
was,  and  is  H.E.'s  Secretary  and  Deputy  Secretary  of  this 
island,  though  those  two  offices  of  Captain  Gunner,  and  Deputy 
Secretary  of  this  island  are  incompatible,  the  Captain  Gunner 
being  obliged  to  prove  his  accounts  on  oath,  which  is  impossible 
in  this  present  case."  I  am  surprized  how  they  can  make  so 
great  a  mistake,  for  about  three  years  only  Mr.  Webster  has 
been  Deputy  Secretary  and  Captain  Gunner,  the  salary  of 
Captain  Gunner  is  £100  currant  money  of  this  island  per  annum. 
Every  half-year  the  Captain  Gunner,  under  gunners,  and 
matrosses,  petition  for  separate  orders  for  each  man's  salary, 
which  with  the  advice  and  consent  of  the  Council  I  grant 
separately,  the  annual  expence  for  this  division  for  the  pay- 
ment of  the  said  Captain  Gunner,  under  gunners,  and  matrosses 
amounts  to  about  £700  per  annum,  but  Mr.  Webster  has  only 
the  orders  for  his  own  salary,  and  some  small  charges.  I  have 
sent  your  Lordships  inclosed  a  copy  of  one  of  the  petitions 
with  the  account  annexed,  by  which  your  Lordships  will  see 
whether  several  orders  of  some  thousands  of  pounds  have  been 
granted  to  Mr.  Webster  or  not.  As  for  the  incompatibility 
of  those  two  posts,  because  the  Captain  Gunner  is  to  deliver 
in  upon  oath  to  the  Secretary  of  this  island  for  the  time  being 
a  true  and  just  account  of  what  shall  be  due  to  himself,  under 
gunners,  and  matrosses,  for  these  are  the  words  of  the  law, 
it  was  referr'd  to  H.M.  Attorney  General,  who  hath  reported, 
that  they  are  not  incompatible,  and  that  if  he  delivered  his 
account  upon  oath  before  me  in  Council,  it  answered  the  true 
intent  of  the  law,  which  he  accordingly  did.  The  Committee 
of  the  Assembly  observe  as  to  the  orders  issued  to  Collo.  Leslie 
"  for  supplying  the  forts  etc.  with  necessary s  etc.  that  the  sums 
therein  charged  for  such  supplys  pretended  to  be  furnisht  are 
in  many  instances  many  hundred  pr.  cent,  more  then  such 


AMERICA   AND   WEST   INDIES.  205 

1728. 

supplys  (if  actually  furnished)  could  really  have  been  worth, 
as  for  instance  forty  or  fifty  pounds  have  been  therein  charged 
for  flaggs,  that  might  have  been  bought  for  fifteen  or  twenty 
pounds."  Col.  Forbes  the  Storekeeper  before  my  arrival  as 
I  am  informed  did  charge  £45  for  a  flagg,  and  Mr.  Wadeson 
since  my  arrival  charged  one  at  the  same  price,  and  one  in 
Collo.  Leslie's  time  was  charged  at  £40.  But  the  Committee 
of  Council,  who  I  ordered  to  examine  the  accounts  before  the 
orders  were  passed,  fixed  the  price  for  the  future  at  £35.  Your 
Lordships  will  observe  by  the  Minutes  of  Council  what  care 
I  took  in  granting  the  orders  to  the  Store-keepers  for  the 
necessarys,  and  utensills  they  supplyed.  In  the  Minutes  of 
Council  of  24th  May,  1723  your  Lordships  will  see  the  report 
of  the  Councillors  to  whom  the  petition  of  Collo.  William  Leslie 
for  necessarys,  and  utensills  he  had  formerly  supplyed  the 
forts  with,  was  referred  to  examine,  and  afterwards  an  order 
was  granted  to  him  for  £420  Is.  10|d.  In  the  Minutes  of  29th 
Sept.  1724  is  the  report  of  the  Councillors  to  whom  the  petition 
of  Collo.  Forbes  was  referr'd  for  £392  12*.  2d.,  and  of  Samuel 
Wadeson  for  £303  2*.  lid.  the  late  storekeepers  ;  and  then 
orders  were  issued  for  the  payment  of  the  same.  In  the  Minutes 
of  Council  of  llth  May,  1725,  there  is  a  petition  of  Collo.  Leslie 
for  £388  lls.  Id.  which  was  referr'd  to  a  Committee  of  Council, 
who  deducted  £5  of  the  account,  and  therefore  an  order  was 
afterwards  on  the  2d  July  following  granted  for  £383  11s.  7d. 
only.  These  are  all  the  orders  that  have  as  yet  been  paid, 
though  since  Collo.  Leslie  was  removed  from  being  store-keeper, 
he  has  brought  in  his  accounts  for  the  years  1725,  1726,  1727 
for  which  indeed  orders  were  passed  without  referring  the 
accounts,  but  that  the  Assembly  may  not  have  the  least  reason 
of  complaining  I  have  referr'd  them  to  a  Committee.  I  must 
observe  to  your  Lordships  upon  the  head  of  the  Storekeepers' 
accounts,  that  formerly  their  disbursments  were  paid  as 
emergencies,  and  as  such  were  paid  immediately,  and  therefore 
the  flaggs  might  have  been  afforded  cheaper,  and  the  question 
then  will  be  whether  £24  or  £25  in  hand  is  not  better  than 
£35  5,  6,  or  7  years  hence,  in  a  country  where  money  is  at  10 
pr.  cent.,  for  as  the  orders  are  now  paid  in  course  the  soonest 
they  can  expect  to  be  paid  in,  is  4  or  5  years,  and  they  may  be 
longer.  As  the  Assembly  have  in  these  Minutes  desired  that 
H.M.  would  be  pleased  to  determine  the  point  in  dispute  between 
them  and  the  Council,  the  Excise  bill  is  dropped  till  an  answer 
arrives.  In  Mr.  Crow's  Government  there  was  a  dispute 
betwixt  the  Council  and  Assembly  about  the  latters  appointing 
Agents  in  the  Excise  bill.  I  have  sent  your  Lordships  copys 
of  the  proceedings  out  of  the  Council  books,  the  Assembly  did 
then  agree  to  the  Council's  amendments  as  appears  from  the 
very  Act.  I  have  inclosed  also  a  copy  of  the  uses  in  that 
Excise  act  etc.  I  am  extreamly  obliged  to  your  Lordships  for 


206 


COLONIAL   PAPERS. 


1728. 


your  kind  congratulation  upon  H.M.  great  goodness  in  haveing 
been  graciously  pleased  to  re-appoint  me  His  Governor  etc. 
This  go's  by  Capt.  Wickham  in  the  Brigantine  Eagle.  Signed, 
Henry  Worsley.  Endorsed,  Reed.  7th,  Read  20th  Nov.,  1728. 
13  pp.  Enclosed, 

390.  i.  Minutes  of  Council  of  Barbados,  8th  March  —  1st  April, 

1708.     Copy.     7%  pp. 

390.  ii.  Uses  in  the  Excise  Act  that  passed  in  Mr.  Crowe's 
Government.  25th  March,  1708.  Endorsed,  Reed. 
7th  Nov.,  1728.  Copy.  2  pp. 

390.  iii.  Duplicate  of  encl.  i  and  ii  preceding.  [C.O.  28,  20. 
ff.  49-55,  56i;.-61t;.,  62t>.-63i;.] 


Sept.  13.         391  .     Governor  Hunter  to  Mr.  Stanyan.     Repeats  following, 
Jamaica,      written  to  Mr.  Delafaye  as  Agent  for  the  Island.     Signed,  Ro. 
Hunter.     Endorsed,  Rd.  Dec.   1st.     Holograph.     4  pp.     [C.O. 
137,  53.     ff.  84-85i\] 


Sept.  13. 

Jamaica. 


392.  Governor  Hunter  to  Mr.  Delafaye.  Mr.  Ayscough's 
conduct  etc.  has  much  disconcerted  my  measures  whether 
it  be  that  he  thinks  keeping  afloat  old  grudges  between  the 
Council  and  Assembly  or  the  govt.  and  them  may  in  some 
measure  throw  the  blame  of  pass'd  miscariages  upon  the 
Assembly,  or  any  other  hidden  cause  I  know  not,  but  his 
activity  in  promoting  that  Sugar  bill,  his  getting  himself 
industriously  nam'd  as  one  of  ye  Council,  without  my  know- 
ledge, to  joyn  with  a  Committee  of  ye  Assembly  for  instructing 
the  Agent  whilst  he  well  knew  that  this  very  step  would 
obstruct  the  Bill,  and  is,  on  my  begging  it  of  him  as  a  favour 
that  he  would  excuse  himself  from  that  nomination,  not  only 
refusing  but  owning  that  it  was  done  to  obstruct  ye  passing 
of  the  Bill,  and  that  the  Council  thought  themselves  injured  in 
ye  Instruction  apponting  two  of  ye  Council  only  to  be  joyn'd 
with  five  of  ye  Assembly  for  that  purpose,  makes  it  evident 
to  me  at  least  that  his  intention  is  to  perpetuate  these 
animositys  which  I  am  studying  hard  to  root  up.  For  at  this 
very  time  he  was  under  the  scrutiny  of  ye  Assembly  for  some 
misapplication  of  publick  money  and  will  be  so  in  ye  next 
Session  notwithstanding  of  my  endeavours  for  him  in  softning 
that  affaire.  You'll  think  it  odd  that  the  Council  after  having 
themselves  pass'd  the  Sugar  Bill,  should  advise  me  not  to 
give  my  assent  to  't,  I'll  give  you  the  history  of  that ;  I  desir'd 
to  be  acquainted  when  that  Bill  should  be  sent  up  to  the  Council, 
(for  you  must  understand  that  here  contrary  to  ye  practice  of 
ye  Councils  to  ye  Northward  they  clame  a  right  to  sitt  by 
themselves  when  in  their  Legislative  capacity  which  is  indeed 
of  ill  consequence)  having  heard  the  Bill  read  I  told  them  that 
being  a  bill  of  a  very  extraordinary  nature  affecting  the  trade 
of  Engld.  and  credit  of  ye  Island  I  thought  it  would  be  expedient 


AMERICA   AND   WEST   INDIES.  207 

1728. 

that  a  Clause  should  be  added  suspending  ye  execution  'till  H.M. 
pleasure  was  known  and  offer'd  another  amendment,  wch. 
they  receiv'd  but  took  no  notice  of  ye  first.  After  I  remov'd, 
Mr.  Gregery  mov'd  that  in  regard  to  the  consequences  of  this 
Bill  and  what  I  say'd  he  thought  it  expedient  the  consideration 
of  it  should  be  putt  off  'till  Tuesday  when  there  would  probably 
be  a  fuller  Board,  but  to  no  purpose  for  that  party,  five,  read 
the  bill  thrice  in  one  day,  if  I  remember  right  and  pass'd  it 
without  having  committed  it.  When  there  was  a  fuller  Council 
I  lay'd  the  Instructions  before  them  and  desir'd  their  opinion 
if  the  bill  was  not  of  ye  nature  of  these  to  which  I  am  forbid 
to  give  my  assent,  and  they  gave  it  as  their  opinion  that  it  was, 
and  one  of  them  desir'd  his  reasons  for  such  his  opinion  might 
be  enter'd  in  ye  Minutes  which  was  done.  I  told  you  in  my 
last  that  the  Atty.  Genii,  had  inform'd  me  that  Mr.  Ayscough 
had  apply'd  for  a  privy  scale  to  constitute  him  Cheife  Justice 
here,  I  know  not  what  way  his  intrest  may  lye  at  home,  but 
I'll  be  bold  to  affirm  that  if  it  were  comply 'd  with  confusion 
must  ensue  and  the  Govt.  be  brought  into  contempt ;  it  is 
true  the  present  Cheife  Justice  Pennant  is  so  weake  a  man 
that  the  Bench  is  grown  contemptible  and  I  am  now  resolv'd 
to  putt  in  another,  for  he  was  put  into  yt.  trust  in  Mr. 
Ayscough's  time  only  to  keep  out  another  who  was  indeed  very 
unfitt.  Upon  the  whole  I  know  no  better  expedient  for  bringing 
matters  to  bear  here  for  the  ease  of  ye  Government  and  quieting 
the  minds  of  the  subjects  here,  then  leaving  Mr.  Ayscough  out  of 
ye  list  of  Council  by  a  new  Instruction  or  special  letter  for  that 
purpose,  for  the  dread  of  many  that  they  may  once  more  fall 
under  the  lash  of  his  power  gives  much  uneasinesse  he  being  a 
man  of  pride  resentment  and  litle  judgement.  The  next  in 
seniority  in  Council  is  Coll.  Gommersell  a  man  of  probity  and 
experience  and  well  belov'd.  I  had  formerly  recommended 
to  his  Grace  and  the  Lords  of  Trade  in  case  of  vacancy  there 
Alexr.  Forbes  Esq.,  Will  Needham  and  Ed.  Charlton,  all  men 
of  character  and  fortune  the  first  was  recommended  to  his 
Grace  by  the  King's  Advocate  whilst  I  was  yet  in  London. 
The  Assembly  is  to  meet  next  moneth,  I  hope  in  better  temper 
for  on  second  thoughts  many  of  them  are  cool'd  as  to  ye  Sugar 
Bill,  which  was  indeed  no  more  than  a  piece  of  art  for  an  evil 
purpose  etc.  P.S.  Communicate  all  or  what  you  think  fitt 
of  this  to  his  Grace.  I  have  wrote  to  the  same  purpose  to 
Mr.  Stanyan.  Signed,  Ro.  Hunter.  Endorsed,  R.  1st  Dec. 
Holograph.  4  pp.  [C.O.  137,  53.  ff.  82-830.] 

Sept.  14.        393.     John    Bennet    to    the    Duke    of    Montagu.     Returns 

Barbados,     thanks   for   letter   of  May    16th.     Continues :— The   universal 

character  that  your  Grace  has,  with  men  that  are  for  promoting 

the  good  of  mankind,  in  such  a  laudable  manner  as  your  genius 

leads  you  to,  was  the  most  prevalent  reason  that  I  give  your 


208 


COLONIAL   PAPERS. 


1728. 


Sept.  15. 

Windsor 
Castle. 


Sept.  17. 

Canso. 


Grace  the  trouble,  and  myself  the  pains  on  the  affair  of  St. 
Lucia.  I  have  lately  in  pursuance  of  that  opinion  ventured 
to  write  you  by  Mr.  Harper  etc.  I  now  again  affirm  and  am 
able  to  give  the  strongest  reasons  in  the  world,  that  if  we  do 
not  secure  that  island,  we  shall  be  outed  of  all  the  Charibees 
and  consequently  of  the  whole  sugar  trade.  The  French  be 
they  never  so  good  allies,  are  the  onely  persones  that  we  are  to 
dread  in  those  parts.  If  anything  can  be  done  for  the  good 
of  these  Coloneys  I  humbly  presume  to  think  that  your  Grace 
might  contribute  very  much  towards  it,  etc.  Signed,  John 
Bennet.  Endorsed,  Reed.  Read  llth  Dec.,  1728.  1|  pp. 
[C.O.  28,  20.  ff.  74,  74w.,  75v.] 


394.  Lord    Townshend    to    Governor    Hunter.     As    H.M. 
still    receives    complaints    from    the    West    Indies    that    the 
Spaniards    continue   to   interrupt   the   trade   of  His   subjects, 
and  to  make  depredations  upon  them  in  a  piratical    manner, 
He  has  directed  orders  to  be  sent  to  Comodore  St.  Lo,  or  the 
Commander-in-Chief  of  H.M.  ships  in  the  West  Indies,  to  seize 
and  secure  such  ships  and  vessels  as  shall  act  piratically,  or 
under  illegal  comissions  or  shall  make  depredations  on  H.M. 
subjects  since  the  cessation  of  arms  has  been  declared.     And 
as  the  King  has  likewise  had  advices,  that  the  Spaniards  are 
strengthening  their  naval   force   in   America,    and   finds   that 
tho'  open  hostilities  are  ceased,   yet  their  behaviour  is  such 
as  gives  grounds  to  entertain  jealousies  of  their  designs,  H.M. 
thinks  in  prudence  he  ought  to  be  upon  his  guard,  and  therefore 
has  thought  fit  to  direct  you  to  get  the  best  information  you  can 
of  their  strength  by  sea,  and  of  the  ships  that  come  from  Old 
Spain  to  reinforce  their  naval  armament  in  the  West  Indies, 
and  accordingly  to  be  watchfull  of  their  motions  and  to  put 
your  self  in  such  a  posture,  that  you  may  neither  be  insulted 
nor   surprized.     Signed,   Townshend.     1|  pp.     [C.O.    137,    53. 
ff.  86,  87  ;   and  (duplicate)  88,  881;.  ;   and  137,  18.    /.  3.] 

395.  Capt.  Caccally  to  Govr.  Philipps.     As  I  have  by  all 
oppertunitys  hitherto  and  allways  shall  doe  myself  the  honour 
to  represent  to  you  the  state  of  affairs  here  whilst  I  have  the 
honour   to    command   it,    soe    must   now   inform   you   of  the 
ungenerous   dealings   of  Mr.    St.   Ovide   Govr.   of  Louisbourg. 
The  17th  of  last  month  four  soldiers  deserted  and  took  with 
them  a  boat  and  sails.     I  ordered  Ensign  Bradstreet  to  pursue 
them,  he  went  to  St.  Esprit  on  the  French  shoar  where  he  found 
the  boat  wch.  they  abandoned  and  betook  'emselves  to  the 
woods,  he  immediately  sent  by  land  to  acquaint  Mr.  St.  Ovide 
that  there  were  English  deserters  in  his  Government,  and  even 
in  Louisbourg,  and  to  desire  he  would  order  them  to  be  secured 
till  his  arrivall,  all  wch.  he  took  noe  notice  of,  and   when   Mr. 
Bradstreet  delivered  him  my  letter,  he  said  he  knew  nothing 


AMERICA   AND   WEST   INDIES.  209 

1728. 

of  the  matter,  but  if  Mr.  Bradstreet  cou'd  find  out  where  they 
were,  he  wou'd  have  them  secur'd ;  upon  enquiry  it  was 
discovered  that  a  preist  called  father  Narciss  took  two  of  them 
who  called  themselves  Papists  and  conveyed  them  on  board 
the  French  man  of  war  at  Louisbourg,  the  other  two  were  at 
work  in  Louisbourg  the  very  day  Mr.  Bradstreet  arrived  there, 
but  were  immediatly  sent  away  etc.  I  find  our  men  are 
possessed  with  an  opinion  that  all  who  desert  to  the  french 
shoar  are  to  be  protected  and  encouraged,  wch.  oblidges  us  to 
keep  a  very  strict  watch  over  them,  tho'  at  present  wee  are 
extream  scarce  of  officers  etc.  I  am  oblidged  to  complain  to 
your  Excellcy.  of  the  New  England  fishermen  who  have  at 
severall  times  both  this  summer  and  last  taken  away  severall 
of  our  men  ;  I  cou'd  wish  with  all  my  heart  to  have  the  honour 
of  a  line  from  yr.  Excellcy.  to  inform  me  how  to  act  in  this 
affair.  I  have  sent  the  muster-rolls  by  this  oppertunity,  and 
have  reed,  five  chests  of  arms  from  Annapolis  royall.  Refers 
to  his  previous  reports  as  to  the  "  miserable  state  of  our  barraks 
and  guard-room,  .  .  it  is  impossible  for  our  men  to  hold  out, 
for  wee  have  already  lost  severall  by  fluxes  and  colds,  occasioned 
by  their  lying  wett  "  etc.  Signed,  Francis  Caccally.  Endorsed, 
Reed.  3rd  Dec.  from  Col.  Gardiner.  Holograph.  3  pp.  [C.O. 
217,  38.  No.  19.] 

Sept.  18.  396.  Statement  by  [?  John  Savy.]  Whereas  I  have  lived 
Charakees  and  traded  in  this  nation  for  the  space  of  seven  years  and  have 
ee'  thoroly  learn  their  tongue  being  upon  some  business  called 
home  to  England  the  King  and  head  wariors  would  not  lett 
me  depart  till  I  gave  them  my  promise  to  return  and  to  deliver 
their  presents  that  they  would  send  by  me  to  the  King's  most 
excellent  Majesty  their  Master  over  the  great  water  and  likewise 
to  return  them  his  answer  by  the  mulbery  moon  next  which 
will  be  in  June  according  to  our  stile.  I  had  not  had  the 
presumption  to  undertooke  their  message  till  after  some  time 
of  consideration  and  the  advice  of  our  agent  and  severall  of 
my  friends  that  it  would  prove  to  the  advantage  of  my  King 
and  country  as  I  shall  here  mention  in  the  first  place  when 
S.  Carolina  was  involved  in  an  Indian  warr  they  were  the  first 
people  that  joined  with  us  to  subdue  the  Indians  that  was 
against  us  this  was  transacted  in  the  government  of  Charles 
Craven  Esq.  then  governour  of  South  Caroline  who  sent  up  to 
the  said  Nation  400  men  white  and  blacks  under  the  command 
of  Colonel  Morrissmore  [sic]  and  at  the  same  time  came  in  a 
body  of  Cricks  or  Southern  Indians  to  them  in  order  to  cutt 
off  our  army  but  after  a  counsell  held  among  themselves  as 
God  would  have  it  they  concluded  to  kill  the  messengers  that 
came  from  the  Indians  and  accordingly  about  twelve  a  clock 
at  night  struck  the  blow  and  brought  upon  themselves  and 
families  a  continual  war  which  I  have  since  been  an(d)  eye 

C.P.  XXXVI— 14 


210  COLONIAL   PAPERS. 

1728. 

witness  too  for  when  their  wives  and  chidrens  have  been  killed 
or  taken  away  slaves  they  have  told  me  that  if  it  had  not  been 
to  save  the  white  people  they  would  have  been  at  peace  and 
quitness  but  withall  did  not  value  it  hopeing  one  time  or 
other  they  would  be  rewarded  for  their  trust  to  us  secondly 
they  are  the  only  Indians  that  Carolina  can  have  any  dependance 
upon  been  no  wayes  corrupted  by  the  Crown  of  France  nor 
Spain  nor  would  they  ever  suffer  it  for  I  have  seen  ten  of  the 
French  Indians  killed  that  was  sent  to  them  to  treat  conserning 
trade  or  peace  their  answer  being  that  they  would  have  nothing 
to  say  butt  to  the  English,  as  to  all  our  other  Indians  which 
is  but  three  nations  they  cant  not  be  call'd  ours  for  the 
Chickasaws  have  among  them  the  french  whom  have  setled 
a  fort  and  has  to  the  cricks  they  have  also  a  french  fort  amongst 
them  and  notwithstanding  the  Spaniards  also  trade  amongst 
them  and  has  to  the  third  nation  which  is  the  Catawbes  they 
are  hardly  worth  notice  been  in  number  but  400  men  butt 
yett  they  are  devided  some  to  the  interest  of  Virginia  and  others 
to  Carolina  so  that  wee  cant  properly  call  any  of  them  ours 
butt  these  Charakees  who  are  the  only  barier  or  lyne  between 
the  French  and  us  and  if  once  the  French  should  gett  footing 
there  who  are  a  very  encroching  neighbour  not  valuing  a  vast 
present  of  arms  and  ammunition  so  as  they  can  enlarge  their 
masters  territories  and  be  troublesome  to  their  neigbours 
for  the  first  thing  they  do  after  a  peace  with  any  nation  of 
Indians  whatsoever  is  to  settle  a  fortification  and  debar  them 
from  the  commerce  of  any  other  person  whatsoever  in  trade  or 
otherwise  which  is  what  I  have  ever  since  told  the  Charakees 
that  if  once  they  came  into  friendship  with  the  French  they 
then  would  be  as  slaves  and  no  more  a  free  people  and  they 
have  at  a  solemn  meeting  promis  me  they  never  would  come 
to  a  peace  with  the  french  without  I  was  their  interpreter  and 
if  they  keep  their  word  which  I  don't  fear  if  I  do  butt  keep 
mine  which  with  the  grace  of  God  after  hearing  H.M.  will  and 
pleasure  I  intend  to  perform  to  those  poor  people  tho  Heathens 
which  are  the  honestest  and  truest  to  their  word  of  any  people 
I  ever  knew  and  depend  intirely  on  the  word  of  a  Christian  ; 
has  to  the  presents  they  have  sent  are  of  no  value  to  us  butt 
in  their  way  are  as  much  lookt  upon  as  possible  in  the  first 
place  the  eagle's  tayle  which  is  sent  by  the  King  of  Tanesche 
to  his  most  sacred  Majesty  is  an  emblem  or  token  of  an  intire 
friendship  and  has  to  the  carpets  they  are  for  H.M.  to  walke 
upon  the  pipes  are  of  a  great  value  among  them  butt  red  and 
they  have  ordered  me  to  doe  them  over  with  chaulk  as  everything 
that  comes  from  them  in  peace  must  be  white  as  to  the  girdle 
it  is  sent  from  a  man  of  warr  whom  to  my  knowledge  loves  us 
interily.  As  to  garters  and  oter  skin  I  shall  not  make  any 
remarks  upon  by  reason  it  would  be  to  tedious  to  tell  who  send 
them.  Lett  it  suffise  that  these  presents  are  sent  from  the 


AMERICA   AND   WEST   INDIES. 


211 


1728. 


Sept.  18. 

Antigua. 


Sept.  23. 

Portsmo. 


Sept.  24. 

Windsor. 


Sept.  24 


King  of  the  Charakees  and  eleven  head  wariors  whom  have 
a  great  desire  to  see  H.M.  and  the  strength  of  our  Nation  that 
they  may  tell  their  people  if  they  should  obtain  that  hapiness 
how  dangerous  it  would  be  to  brake  friendship  with  us,  likewise 
they  are  very  desirous  to  see  all  things  and  how  they  are  made 
for  their  young  people  thinks  it  impossible  such  things  as  wee 
cary  amongst  them  should  be  made  by  the  hands  of  man,  as 
to  my  own  part,  what  I  doe  is  out  of  pure  zeale  to  serve  my 
King  and  country.  I  was  born  in  London  of  french  parents 
and  protestants  so  that  having  the  french  and  English  tongue 
I  have  had  the  oportunity  by  Frenchmen  that  has  been  by  these 
people  taken  slaves  to  understand  all  their  plotts  and  if  they 
could  once  gain  the  Charakees  how  they  would  plague  Carolina 
etc.  Endorsed,  Charkees  and  John  Savy  and  Mr.  Wyat.  2|  pp. 
[C.O.  5,  1337.  No.  44.] 

397.  Governor  Lord  Londonderry  to  the  Duke  of  Newcastle. 
I  arrived  att  my  Government  the  19th  of  last  month,  and  am 
putting  in  execution  the  severall  commands  I  have  from  H.M. 
by  his  instructions,  of  which  I  shall  with  all  possible  speed 
acquaint  your  Grace  etc.  The  12th  of  this  month  Capt.  Paul 
George  Deputy  Governour  of  Montserrat  died.  I  have 
appointed  Capt.  John  Osborn  the  eldest  Captain  in  Collo. 
Lucas's  Regiment  Deputy  Governour  in  his  room,  untill  such 
time  as  H.M.  pleasure  shall  be  known  etc.  As  his  character 
and  capacity  may  very  well  recommend  him  to  this  preferment 
of  the  value  of  £200  sterling  per  annum,  so  'twould  be  of 
consequence  to  me  in  my  Goverment  to  have  my  first  recom- 
mendation take  effect,  in  which  I  begg  your  Grace's  good  offices 
etc.  Signed,  Londonderry.  2  pp.  [C.O.  152,  43.  ff.  29, 


398.  Mr.  Missing  to  the  Council  of  Trade  and  Plantations. 
In  reply  to   10th  Sept.   asks  for  details  as  to  numbers  and 
provision  intended  for  the  said  Palatines,  in  order  to  preparing 
a  tender  on  the  easiest  terms  etc.     Endorsed,  Reed.  27th  Sept., 
1728,  Read  16th  July,  1729.     f  p.     [C.O.  5,  360.    ff.  161,  162u.j 

399.  The  King  to  Lt.  Governor  Pitt.     With  this  you  will 
receive  a  Seal  for  the  use  of  our  Government  etc.     Described. 
You  are  to  return  the  former  seal  in  order  to  its  being  defaced 
etc.     Countersigned,    Holies  Newcastle.     1|  pp.      [C.O.   38,    8. 
pp.  144a,  144b  ;    and  324,  36.     pp.  81,  82.] 

400.  Similar  Instructions  to  the  Governors  of  New  Jersey, 
New     Hampshire     and     Massachusetts     Bay.     Countersigned, 
Holies  Newcastle.     [C.O.  324,  36.     pp.  82-86.] 


212  COLONIAL   PAPERS. 


1728. 

Sept.  25.  401 .  Mr.  Lowndes  to  [?  Mr.  Popple.]  In  reply  to  enquiry, 
suggests  that  the  best  method  for  settling  Palatines  in  S.  Carolina 
will  be  to  transport  2  or  300  families  with  provisions  for  a  year 
at  the  public  expense,  and  to  allot  120  acres  of  land  upon 
Savannah  or  Port  Royal  River  to  every  man  and  his  wife  and 
40  acres  per  child.  No  quit  rent  to  be  paid  for  the  first  two 
years,  a  very  small  acknowledgment  for  the  next  6,  and  2*. 
sterl.  per  acre  for  ever  after.  Continues : — By  this  means  the 
value  of  the  Crown's  uncultivated  land  will  be  raised  and  the 
publick  be  paid  good  interest  for  its  disbursemts.,  and  the 
inconveniency  of  having  rich  planters  take  up  great  tracts  of 
land  as  they  have  in  other  parts  of  America  and  so  without 
any  culture  let  it  out  to  new  settlers  at  a  very  advanced  rate 
will  be  for  the  future  entirely  prevented  etc.  This  practice, 
as  in  Virginia,  has  been  a  great  discouragemt.  in  peopling  the 
Province  etc.  A  diligent  planter  very  nearly  pays  the  expence 
of  clearing  the  land  by  timber  furnished  to  Barbados,  Nevis 
and  Antegoa  for  fuel  etc.  For  many  years  a  considerable 
lumber-trade  has  been  carried  on  from  hence  to  Jamaica  and 
Gt.  Britain  etc.  A  planter  in  Carolina  requires  a  greater 
compass  of  land  than  in  any  other  part  of  America.  For  the 
land  that  produces  rice  must  always  have  two  years  rest, 
and  hemp  and  flax  a  good  deal  of  fresh  land  etc.  Has  a  scheme 
for  re-imbursing  the  public  for  the  cost  of  transport  etc.,  if  he 
is  assured  of  a  competent  gratification  from  the  Treasury. 
Continues  : — It  is  well  known  I  was  (by  many  months)  the 
first  person  that  shewed  a  great  man  in  the  administration  of 
what  importance  'twould  be  to  block  up  the  Spanish  navigation 
from  Port  Royal  in  S.  Carolina  :  which  I  did  to  return  the 
affront  the  British  Nation  had  just  then  received  in  relation 
to  Gibraltar,  and  what  my  services  have  since  been  my  Lord 
Westmorland  I  doubt  not  will  certify.  I  beg  the  Lords 
Commrs.  to  keep  the  direction  of  the  affair  as  much  as  possible 
in  their  own  hands,  by  reminding  their  Lordps.  of  Mr.  Hunter's 
conduct  towards  those  Palatins  who  should  have  been  settled 
in  New  York  etc.  P.S.  Mr.  Nicholson  kept  me  out  of  my 
legal  right.  Signed,  Tho.  Lowndes.  Endorsed,  Reed.  27th 
Sept.,  1728,  Read  16th  July,  1729.  Holograph.  3  pp.  [C.O. 
5,  360.  ff.  167-168t;.] 

Sept.  26.         402.     Order  of  King  in  Council.     Referring  following  to  the 
Windsor.      Council  of  Trade  and  Plantations,  who  are  to  reconsider  the 
act  and  hear  the  merchants  thereupon  etc.     Signed,  Ja.  Vernon. 
Endorsed,  Reed.  4th,  Read  8th  Oct.,  1728.     1J  pp.      Enclosed, 
402.  i.  Petition  of  Merchants  of  London  trading  to  coast  of 
Africa  to  the  King.     Pray  to  be  heard  against  Act  of 
Virginia  laying  a  duty  of  40s.  pr.  head  on  slaves  im- 
ported etc.,  as  contrary  to  H.M.  Instructions  and  former 
orders  in  Council,  since  it  lays  a  duty  on  the  British 


AMERICA   AND   WEST   INDIES.  213 

1728. 

merchants  to  support  the  expenses  of  the  Government 
of  the  Plantations,  and  is  prejudicial  to  the  trade  of  Gt. 
Britain.  The  duty  "  is  unreasonable  in  itself,  greatly 
prejudicial  to  petitioners  and  the  negro  trade  in 
general,  highly  injurious  to  the  true  interest  of  the 
Plantations,  and  in  the  consequence  of  it  destructive 
not  only  to  the  whole  Plantation  trade,  but  to  the 
trade  and  navigation  of  these  Kingdoms "  etc. 
Signed,  Rd.  Harris  and  12  others.  1|  pp. 

402.  ii.  Petition  of  Incorporated  Society  of  Merchants  in 
the  City  of  Bristoll  to  the  King.  Praying  for  repeal 
of  above  act,  and  prevention  of  such  a  duty  imposed 
in  the  future  etc.  as  being  of  "  very  great  prejudice  to 
the  trade  of  the  whole  Nation,  particularly  to  us  of 
this  city  who  are  so  greatly  concerned  in  the  African 
trade  "  etc.  1  p. 

402.  iii.  Petition  of  merchants  of  Liverpool  trading  to  the 
coast  of  Africa  and  the  Plantations  to  the  King.  As 
No.  i.  [C.O.  5,  1321.  ff.  62-63r.,  65*;.,  66,  67,  69r., 
70,  71,  7Iv.,  73v.] 

Sept.  29.  403.  Petty  expenses  of  the  Board  of  Trade,  Midsummer 
to  Michaelmas,  (v.  Journal).  6  pp.  [C.O.  388,  79.  Nos. 
30-33.] 

Sept.  30.  404.  Governor  Burnet  to  the  Council  of  Trade  and 
Boston.  Plantations.  I  send  your  Lordships  the  rest  of  the  Votes  of 
the  Assembly  to  the  present  time,  marked  as  I  did  before  that 
your  Lordships  may  see  the  whole  dispute  between  us  in  them. 
I  have  now  reduced  them  to  silence  and  they  seem  to  have 
no  expedient  left  but  to  meet  and  adjourn  from  day  to  day 
and  do  nothing  in  which  way  they  seem  determined  to  go  on  ; 
and  I  think  myself  obliged  to  give  them  no  recess,  which  by 
the  explanatory  charter  they  dare  not  take  of  themselves. 
How  this  will  end  I  cannot  guess.  Your  Lordships  will  see 
in  pag.  81  of  their  Votes  that  they  have  offered  me  a  second 
present  to  make  up  the  sum  of  £3000  for  this  year,  but  as  this 
is  not  settling  a  salary  I  chuse  to  be  wholly  destitute  of  all 
support  rather  than  accept  of  it  in  their  usual  way,  by  which 
they  may  at  any  time  bring  the  same  difficultys  on  me  that 
they  have  on  former  Governours,  and  therefore  I  am  so  far 
from  desiring  to  have  leave  to  depart  from  my  instruction, 
that  I  think  H.M.  authority  in  danger  of  being  lost  in  this 
country,  if  it  be  given  up  in  this  point.  In  the  meantime  I 
have  no  subsistance  at  all  but  from  my  perquisites  from  the 
shipping,  which  amount  to  about  £200  sterling  a  year  now  that 
I  have  raised  them  to  a  par  with  those  of  New  York  etc.  Signed, 
W.  Burnet.  Endorsed,  Reed.  12th  Nov.,  1728,  Read  4th  Feb., 
1729.  Holograph.  3  pp.  [C.O.  5,  870.  ff.  162-163u.] 


214 


COLONIAL   PAPERS. 


1728. 
Sept.  30. 

Boston. 


Sept.  30. 

Antigua. 


405.  Governor  Burnet  to   Mr.    Popple.     I    have   sent  the 
Lords  all  that  has  passed  since  my  former,  and  I  hope  they  will 
think  I  have  said  and  done  all  that  was  possible.     I  shall  wait 
the  issue  which  does  not  seem  very  near,  but  I  will  depend  on 
my  being  supported  at  home.      Signed  and  endorsed  as  preceding. 
Holograph.     1  p.     [C.O.  5,  870.     ff.  160,  161i>."| 

406.  Governor   the   Earl   of  Londonderry   to   the   Council 
of  Trade  and  Plantations.     I   beg  leave    to    acquaint  you  I 
arrived  in  this  Island  the  19th  of  August  last,  and  that  I  caused 
that  day  my  Commission  to  be  read  and  publish'd,  and    the 
Councillors  as  appointed  by  H.M.   Instructions  to  be  sworn. 
I  have  given  the  necessary  directions  to  the  proper  Officers 
here  to  return  me  an  account  of  everything  under  their  manage- 
ment, in  order  that  I  may  form  a  state  of  the  present  condition 
of  the  Island  in  every  respect,  agreeable  to  my  Instructions, 
to  be  transmitted  to  your  Lordships,  which  I  shall  do,  with 
all  the  expedition  immaginable.     Encloses  Minutes  of  Council 
and  Assembly  for  Antigua,  and  has  given  strict  orders  to  the 
Secretaries  and  Clerks  of  the  respective  Councils  and  Assemblies 
to  prepare  for  the  future  copies  of  their  Journals  to  be  trans- 
mitted  etc.     Continues : — I    now   send    your   Lordps.    an    Act 
pass'd  unanimously  by  the  Legislature  of  this  Island   the    22d 
instant,  granting  unto  H.M.  a  tax,  in  order  for  a  settlement 
on  me  dureing  my  Government  here,  and  for  paying  to  me 
one  thousand  pounds  current  money,  on  the  consideration  I 
can  receive  no  benefit  from  the  tax,  the  crop  being  over  and 
the  shipping  gone  from  hence.     As  some  difference  of  opinion 
has   happen'd   about  the  interpretation   of  the   words  in  my 
33d  Instruction  vizt.  (dureing  the  whole  time  of  your  Govern- 
ment there)  whether  by  the  word  there  is  meant  that  I  am  only 
permitted    to    accept    of   a    settlement    dureing    my    personal 
residence  in  any  part  of  my  Government,  or  dureing  my  con- 
tinuance of  my  Commission,   supposeing  I  should  be  absent 
from  it,  I  think  it  convenient  to  mention  this  to  your  Lordships, 
that  for  the  future  the  sense  of  this  Instruction  may  be  so 
explain'd  as  to  leave  no  manner  of  room  to  doubt  thereof; 
but  as  at  present  the  settlement  to  me  is  made  dureing  my 
Government  here,   and  even  to  continue  one  year  after  my 
leaving,  provided,  I  return  again  Chief  Governor,  I  apprehend 
it  to  be  agreeable  to  H.M.  instruction,  and  am  well  satisfied 
with  it.     Your  Lordsps.  will  please  to  observe,  that  the  scheme 
of  the  tax  is  3s.  Qd.  pr.  ton  on  every  ship  or  vessel,  that  shall 
load  partly  or  chiefly  with  the  produce  of  this  Island,  but  at 
the  same  time,  that  not  one  farthing  is  raised  upon  any  ship 
or  vessel  whatsoever,  the  tonnage  being  only  the  measure  of 
my  income,  for  tho'  the  tax  to  pay  me,  is  in  proportion  to  the 
tonnage,  yet  it  is  laid  on  sugar,  rum,  molasses,  cotton,  indigo 
etc.  all  of  them  the  productions  of  this  island  and  not  of  Great 


AMERICA   AND   WEST   INDIES.  215 

1728. 

Brittain,  or  elsewhere,  so  that  in  good  crops  when  many  ships 
come,  my  income  will  be  larger,  and  in  bad  ones,  smaller,  and 
may  be  deem'd  by  a  computation  I  have  made  of  the  tonnage 
for  seven  years  last  past  to  amount,  communibus  annis,  to 
about  £1500  per  annum.  This  tax  (my  Lords)  is  thought  more 
elligible  then  any  yet  raised,  because  the  Governor  thereby 
shares  in  the  good  or  bad  fortune  of  the  people,  and  it  is  paid 
only  by  the  rich  who  are  the  shippers  of  sugar  etc.,  for  the 
middleing  people  and  poor  will  pay  nothing,  and  therefore,  I 
make  no  doubt,  but  it  will  meet  with  your  Lordships  appro- 
bation, and  I  intreat  your  Lorsps.  to  give  it  a  quick  dispatch, 
that  it  may  have  H.M.  royal  assent,  as  soon  as  possible,  which 
will  lay  a  great  obligation  on  me.  I  should  be  very  much 
obliged  to  your  Lorsps.  if  I  could  soon  know  your  opinion  of 
the  Act  for  ascertaining  the  number  of  Assemblymen  for  that 
part  of  St.  Christophers  formerly  belonging  to  the  French, 
for  tho'  tis  highly  necessary  that  that  part  of  the  island  should 
be  represented,  yet  I  cannot  but  conceive  the  methods  prescribed 
by  the  bill  for  that  purpose,  must  be  liable  to  many  objections, 
as  they  clash  with  H.M.  Instructions,  for  'tis  evident  to  me 
by  compareing  the  bill  with  them,  that  there  are  contain'd 
therein,  sundry  things  of  a  very  new  and  extraordinary  nature, 
such  as  ascertaining  the  number  of  members  to  be  elected, 
how  many  each  town  or  district  shall  return,  excludeing  the 
King's  Officers,  even  those  that  have  patents  for  life,  and 
laying  them  under  severe  penaltys,  if  they  meddle  in  elections, 
the  makeing  the  Assembly  annual,  and  prescribeing  the  manner 
of  issuing  writts  contrary  to  their  usual  practice,  and  contrary 
to  that  of  the  other  islands  of  the  Government,  with  a  great 
many  such  like  things,  wherein  the  King's  perogatives  may  be 
greatly  concernd.  Wherefore  I  apprehend  that  bill  ought  not 
to  have  taken  place,  till  confirm'd  by  H.M.,  and  as  I  shall  be 
very  unwilling  to  call  an  Assembly  there,  under  that  law,  till 
I  know  your  Lordships'  opinion  about  it,  I  question  not,  but 
I  shall  have  the  honour  of  your  answer,  as  soon  as  possible,  etc. 
Encloses  names  for  vacancies  in  Council.  Concludes : — As 
soon  as  I  go  to  the  other  islands,  which  will  be  in  few  days,  I 
shall  not  faile  to  do  the  same.  Signed,  Londonderry.  Endorsed, 
Reed.  13th,  Read  17th  Dec.  1728.  2f  large  pp.  Enclosed, 
406.  i.  List  of  Members  of  Council  of  Antigua  (four  in 
England).  Persons  to  fill  up  vacancies  : — Samuel 
Martin,  John  King,  Charles  Dunbar,  Richard  Ash, 
Joshua  Jones,  James  Wetherill.  Endorsed,  Reed.  13th 
Dec.,  1728.  1  p.  [C.O.  152,  16.  ff.  363-365,  366i;.] 

Sept.  30.  407.  C.  Jackson  to  the  Honble.  Coll.  Bladen.  Encloses, 
as  requested,  an  account  of  the  Bahama  Islands.  Signed, 
Cuthbert  Jackson.  Endorsed,  Reed.,  Read  1st  Oct.,  1728. 
J  p.  Enclosed, 


216  COLONIAL   PAPERS. 

1728. 

407.  i.  Mr.    Jackson's    report    upon    the    Bahama    Islands. 

Sketches  history.  The  principal  causes  which  have 
obstructed  the  settling  of  the  place  and  rendered  the 
attempts  of  the  Society  abortive  are,  (i)  Want  of  a 
Civil  Government,  (ii)  the  Lessees'  dues  and  tenths, 
(iii)  Want  of  a,  proper  authentick  power  to  grant 
patents  for  lands.  Braziletto  wood  and  salt  are 
bulky,  and  of  small  value,  and  oil  hazardous  and 
expensive  to  get.  Though  the  present  Lessees  have 
been  very  indulgent  and  not  exacted  their  dues  with 
rigour,  yet  the  very  being  subject  to  such  a  large 
demand  must  be  a  great  discouragement  etc,  3| 
large  pp.  [C.O.  23,  2.  ff.  172,  173-174i;.,  175v.] 

Oct.  1.          408.     Council  of  Trade  and  Plantations  to  Lord  Townshend. 
Whitehall.     Enclose  following  to  be  laid  before  H.M.     Autograph  signatures. 
1  p.     Enclosed, 

408.  i.  Same   to    the    King.     Representation    upon    state    of 

Bahamas  and  complaint  against  Governor  Phenney 
in  reply  to  13th  Aug.  We  have  discoursed  with  Mr. 
Curphey  Chaplain  to  the  Garrison  there,  with  several 
persons  lately  come  from  thence  and  with  the  Agents 
for  Capt.  Phenny,  and  we  find  that  these  Islands  are 
at  present  in  a  declining  state,  both  with  respect  to 
their  commerce  and  to  the  number  of  their  inhabitants. 
We  have  therefore  enquired  into  the  causes  of  this 
alteration,  and  find,  that  the  people  have  lain  under 
many  discouragements,  namely  the  want  of  a  sufficient 
force  to  protect  them,  of  a  civil  Government  properly 
establish'd  for  the  regular  distribution  of  Justice  and 
of  an  Assembly,  whereby  they  may  be  enabled,  to 
make  such  laws  as  may  be  proper  for  their  circum- 
stances ;  to  these  may  be  added  that  no  person 
hitherto  is  sufficiently  empower'd  to  grant  lands  to 
such  of  your  Majesty's  subjects  as  shall  be  dispos'd 
to  settle  there,  and  if  we  are  rightly  inform'd,  the 
quit  rents  intended  to  be  reserved  are  much  larger 
than  shou'd  be  impos'd  on  planters  in  the  infancy  of 
a  Colony.  But  what  in  a  more  particular  manner 
has  discouraged  the  inhabitants  of  late  years  and 
even  obliged  some  of  them  to  quit  the  Colony  has  been 
the  illegal  and  arbitrary  behaviour  of  the  Governor's 
wife,  who  has  monopoliz'd  the  trade  of  those  Islands 
and  retails  to  the  inhabitants  all  commodities  and 
provisions  at  exorbitant  prices,  whereby  she  greatly 
oppresses  your  Majesty's  subjects  ;  and  she  has 
even  carried  her  indiscretion  so  far  as  to  insult  a 
Justice  on  the  Bench  in  the  execution  of  his  duty 
for  not  pronouncing  sentence  according  to  her 


AMERICA  AND   WEST   INDIES.  217 

1728. 

inclination.  We  can  by  no  means  excuse  the  Governor 
in  conniving  at  or  indulging  his  wife  in  so  extravagant 
and  oppressive  a  conduct,  altho'  in  other  respects 
Mr.  Phenney  bears  a  fair  character,  nor  have  we  any 
personal  complaints  against  him  before  us  that  are 
sufficiently  supported  by  proper  evidence.  For  as  to 
the  condemnation  of  John  Wadsworth  by  a  Court 
Martial,  it  appears  to  us  that  the  sentence  of  that 
Court  was  approved  by  their  Excellencies  the  Lords 
Justices  in  1723,  tho'  they  afterwards  pardon'd  the 
said  Wadsworth.  And  as  for  the  second  condemnation 
of  the  same  man  for  another  crime  by  a  Court  of 
Admiralty,  the  Judges  of  that  Court  in  our  humble 
opinion  would  seem  more  properly  responsible  than 
the  Governor.  But  having  no  proper  evidence  of 
this  matter  before  us,  we  shall  send  a  copy  of  the 
complaint  to  Mr.  Phenney  for  his  answer  thereunto. 
However,  in  the  mean  time  considering  of  what 
consequences  the  Bahama  Islands  are  to  the  trade 
of  Great  Britain,  we  humbly  submit  to  your  Majesty 
whether  it  would  not  be  for  your  Majesty's  service 
that  the  Government  of  those  Islands  should  be 
placed  in  the  hands  of  some  person  whose  conduct 
and  abilitys  may  give  all  proper  encouragement  to 
such  planters  as  are  inclinable  to  settle  there. 
Autograph  signatures.  4>  pp.  [C.O.  23,  12.  Nos. 
97,  97  i.  ;  and  24,  1.  pp.  97-101.] 

Oct.  1.  409.  John  Lloyd  to  Lord  Townshend.  Reminds  him  of 
Charles  Town  his  services  in  the  '15.  He  was  the  Secretary  to  the  Post  Office 
s  Carolina  uno^er  Mr.  Craggs,  "  but  for  nine  years  past  have  resided  in 
this  countrey,  because  of  ill  fortune  I  met  with  in  ye  stocks." 
Asks  to  be  appointed  First  of  the  Council,  or  a  commission  to 
be  Lt.  Governor  without  any  salary.  "  What  I  propose  by  it 
is,  a  little  power,  and  perhaps  a  little  profit,  during  the  absence 
of  a  Governor."  Has  been  a  member  of  Assembly  for  eight 
years  and  was  sent  to  England  as  Agent  for  the  country  etc. 
Concludes : — Many  inconveniencies  have  happen'd  by  the 
first  in  the  Council  taking  the  administration  upon  the  decease 
or  absence  of  a  Governor  in  the  past,  for  they  happen  very 
often  to  be  too  little  acquainted  with  ye  affairs  of  ye  world, 
as  is  ye  case  of  our  present  President  etc.  Signed,  John 
Lloyd.  2|  pp.  [C.O.  5,  387.  No.  84.] 

Oct.  1.          410.     Capt.    Warren   to   Mr.    Burchett.     Has   delivered  the 

Soiebay,      orders  of  the   King  of  Spain  to  the  Viceroy  of  Mexico  and 

s.  Carolina,    obtained  from  him  accordingly  restitution  of  the  South  Sea 

Company's  ships  and  effects  seized  in  La  Vera  Cruz  etc.     Visited 


218 


COLONIAL   PAPERS. 


Oct.  3. 

St.  Johns, 
Newfound- 
laud. 


1728. 

the  Havanna  and  brought  off  English  prisoners  thence  etc., 
Describes  movements  of  galleons.  Endorsed,  In  Mr.  Burchett's, 
Nov.  15.  Copy.  2|  pp.  [C.O.  5,  387.  No.  85.] 

411.  Mr.  Keen  to  Mr.  Popple.     I  take  this  opportunity  of 
acquainting  the  Lords  Commissioners  of  a  murder  committed 
the  last  winter  by  Anthony  Steel,  als.  Lee,  uppon  one  of  his 
servants,  which  prisoner  together  with  the  evidences  Thomas 
Carter  and  Philip  Gribble,  I  now  send  in  the  briganteen  Samuel 
etc.  for  London,  to  take  his  tryall.     I  humbly  begg  leave  to  lay 
before  their  Lordps.  the  great  hardships  H.M.  subjects  living 
in   Newf'land,   are  exposed  to,   for  want  of  propper  persons 
duely  authorised  to  administer  justice  in  the  absence  of  the 
Commanders  of  H.M.  ships,  and  espetialy  the  winter  season, 
being  expos'd  to  the  insults  of  ill-minded  men,  who  knowing 
they  cannot  be  punished  in  Newf'land.  commit  many  outrages, 
roberys  and  murders  and  unless  some  care  be  taken  to  suppress 
the    outrages    frequently    committed    the    sober    part    of   the 
inhabitants  will  be  obleadged  to  move  from  their  possessions 
and  seek  their  living  in  a  more  civilised  country  etc.     Neither 
is  here  any  people  willing  to  contribute  to  the  charge  of  sending 
mallifactors  and  evidences  home  that  they  may  be  prosecuted 
(so)  that  I  am  obleadged  at  my  own  charge  to  victuall  the 
prisoner  and  evidences  and  to  pay  their  passages  etc.     Hopes 
that  he  will  receive  consideration  and  that  the  evidences  may  be 
provided  for  etc.    Signed,  W.  Keen.    Endorsed,  Reed.  30th  Nov., 
Read  3rd  Dec.,  1728.    If  pp.    [C.O.  194,  8.  ff.  181,  181  v.,  I82v.] 

412.  Petition    of    Members    of    Church    of    England     of 
Rehoboth,  Barrington  and  Attlebrough  (Mass.)  to  the  King. 
Quote   clause    of   Charter   granting   liberty    of   conscience    etc. 
"  designed  to  protect  such  who  unhappily  dissented  from  the 
established     Church."        Continue  : — Notwithstanding     under 
colour  of  Acts  and  Laws  of  this  Province  formed  and  composed 
altogether  by  such  Separatists,  your  Memorialists  are  continually 
prosecuted,  presented  and  imprisoned  by  them,  for  not  paying 
to    the    support    of    their    Ministers,    notwithstanding    your 
Memorialists  yearly  contribute  to  the  support  and  maintainance 
of  their  Ministers  duly  licenced  by  His  Lordship  the  Bishop 
of  London.     And  tho'  your  Memorialists  made  frequent  appli- 
cations to  the  Great  and  General  Courts  of  said  Province  for 
redress,  they  as  frequently  rejected  the  same,  the  Church  of 
England  haveing  very  few  or  no  advocates  in  either  of  said 
Houses.     Pray  for  protection  from  such  notorious  impositions 
etc.     24  signatures.     1  large  p.     Torn.     [C.O.  5,  10.     No.  189.] 

Oct.  8.  413.     Council  of  Trade  and  Plantations  to  the  Lords  Corn- 

Whitehall,     missioners  of  the  Treasury.     Request  payment  of  Office  expenses 

and  officers'  salaries  for  quarter  ending  Michaelmas.       Account 

annexed.     [C.O.  389,  37.     pp.  293-295.] 


Oct.  4. 


AMERICA  AND   WEST   INDIES. 


219 


1728. 
Oct.  8. 

Whitehall. 

Oct.  8. 

Whitehall. 


Oct.  8. 

Whitehall. 


Oct.  12. 

Barhados. 


Oct.  12. 

Barbados. 


Oct.  16. 

Windsor 
Castle. 


Oct.  17. 

Windsor 
Castle. 


414.  Same  to  the   King.     Propose  that   a  public  seal  be 
ordered  for  Nova  Scotia.     [C.O.  218,  2.     pp.  122,  123.] 

41 5.  Same  to  the  King.     Represent  that  the  Act  of  New 
York  for  preventing  prosecutions  by  informations    "  is  an  high 
encroachment  upon  your  Majesty's  undoubted  prerogative  of 
proceeding  by  way  of  information,  and  of  dangerous  consequence 
to  your  Majesty's  interest,  revenue  and  government  in  that 
Province  "    etc.     Propose  its  repeal.     [C.O.  5,  1125.      p.  120.] 

416.  Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion 
in  point  of  law,  21  acts  of  Virginia — enumerated — passed  30th 
March  last.     Desires  first  report  upon  the  act  for  levying  a  duty 
upon  slaves  imported,  and  for  appointing  a  Treasurer,    "  which 
their     Lordships     intend     to    take     more     immediately    into 
consideration.     "  [C.O.  5,  1366.     pp.  5—10.] 

41 7.  Governor  Worsley  to  the  Duke  of  Newcastle.     Encloses 
by  first  opportunity  letter  of  thanks  to  H.M.,  for  his  Commission 
as  Governor  etc.,  which  he  published  with  the  usual  solemnities 
on  8th  Oct.     Hopes  for  H.M.   speedy  decision  upon  dispute 
between  Council  and  Assembly  over  Excise  bill  (v.  13th  Sept.), 
"  as  the  chief  duty  is  laid  upon  wine,  which  generally  comes 
in  here  from  Madeira  about  Christmas."     Concludes  : — As  the 
present  General  Assembly  stands  prorogued  to  the  18th  instant, 
I  design  to  dissolve  them,  in  hopes  that  the  next  may  meet  in 
better  temper.     Signed,  Henry  Worsley.     Endorsed,  Rd.  Dec. 
9th.     2  pp.     [C.O.  28,  44.     No.  127.] 

418.  Same    to    the    Council    of    Trade    and    Plantations. 
Duplicate    of    preceding,    mutatis    mutandis.     Signed,    Henry 
Worsley.     Endorsed,  Reed.  10th  Dec.,  1728,  Read  20th  May, 
1729.     2  pp.     [C.O.  28,  20.     ff.  103,  I03v.] 

419.  Duke   of  Newcastle   to   Governor   Burnett.     Encloses 
petition  of  Capt.  Thomas  Doleman  of  Bristol,  merchant,  com- 
plaining  of  the   snow   Elizabeth   having   been   unjustly  seized 
and  condemned  together  with  her  cargo,  as  belonging  to  pyrates 
etc.     I  received  H.M.  commands  etc.  for  you  to  enquire  into  the 
truth  of  what  is  therein  alledged,  and  see  justice  done  to  the 
petitioners,  if  their  complaint  appears  to  be  well  founded,  and 
if  it  be  not,  you  will  send  me  a  true  state  of  the  case  to  be  laid 
before   H.M.    etc.     Signed,   Holies   Newcastle.     [C.O.    324,   36. 
p.  87.] 

420.  H.M.   Commission  to  Woodes  Rogers  to  be  Captain 
of  the  Independent   Company  in   Providence   I.,   in  place  of 
George   Phenny.     Countersigned,   Townshend.     [C.O.   324,   36. 
pp.  97,  98.] 


COLONIAL  PAPERS. 


1728. 
Oct.  17. 

Whitehall. 


Oct.  18. 


Oct.  18. 

Windsor 
Castle. 


421.  Mr.   Popple  to  Mr.  Fane.     Encloses,  for  his  opinion 
in  point  of  law,  by  Tuesday  next,  Excise  Act  of  Barbados, 
1728,   with  amendments   offered   by   Council.       [C.O.   29,    15. 
p.  97.] 

422.  Mr.  Fane  to  the,  Council  of  Trade  and  Plantations. 
Reply  to  preceding.     The  proposed  amendments  "  are  extreamly 
expedient  and  proper,  etc.,  being  entirely  calculated  to  make 
this  bill  both  in  form  and  substance  exactly  agreable  with  the 
former  bills  of  this  kind  pass'd  in  the  said  Island,  and  also  to 
prevent   what   might   be    deem'd   an    encroachment  upon  the 
prerogative   of  the   Crown  as  to  the  manner  of  issuing  and 
applying  the  money  given  by  this  bill."     Signed,  Fran.  Fane. 
Endorsed,    Reed.    21st,    Read   22nd   Oct.,    1728.     f  p.     [C.O. 
28,  20.    ff.  31,  82u]. 

423.  Duke  of  Newcastle    to    the    Council    of    Trade  and 
Plantations.     Encloses  following.     Continues :     This  so  nearly 
concerns  the  Trade  and  Navigation  of  H.M.  Dominions,  the 
promoting  of  which  is  what  the  King  has  most  at  heart,  that 
H.M.  would  have  you  take    it    into    your   most    serious  con- 
sideration, and  propose  such  methods  as  shall  appear  to  you 
most  proper  for  the  putting  an  end  to  the  abuses  and  disorders 
mentioned  by  Lord  Vere,  and  for  encouraging  and  improving 
so  considerable  a  branch  of  the  British  commerce  :    and  as 
you  will  find  that  it's  present  obstruction  is  chiefly  imputed 
to  the  Garrison,  H.M.  would  have  you  lay  before  him  your 
opinion  how  far  the  keeping  one  there  is  necessary  or  usefull 
for  the  protection  of  H.M.  subjects,  and  the  preservation  of 
that  settlement.      Signed,  Holies  Newcastle.     Endorsed,  Reed. 
19th,  Read  22nd  Oct.,  1728.     1|  pp.     Enclosed, 

423.  i.  Commodore  Lord  Vere  Beauclerk  to  Mr.  Burchett. 
Kinsale  in  St.  Johns,  19th  Aug.,  1728.  Pursuant  to 
directions,  I  ordered  the  Squirrel  to  St.  Johns  and  went 
myself  to  Placentia,  where  I  arrived  the  16th  July. 
Upon  complaints  of  the  Admirals  of  the  harbour  of 
several  grievances  and  oppressions  the  Fishery  of  that 
place  lay  under,  I  ordered  a  Court  to  be  held  on  22nd 
July,  in  order  to  settle  everything  in  the  best  manner 
I  could,  but  I  soon  found  my  power  was  not  extensive 
enough  to  redress  what  they  chiefly  complained  of, 
the  fort  and  garrison  which  was  intended  for  their 
security  being  the  sole  cause  of  most  of  the  hardships 
they  suffered.  Their  first  complaint  was  that  every 
year  upon  their  arrival  they  found  the  greatest  part  of 
their  houses  and  stages  broke  down,  and  the  materials 
lost,  that  instead  of  being  able  to  go  immediately  to 
fish,  three  weeks  or  a  month  was  always  taken  up 
to  put  themselves  into  a  condition.  Papers  had 


AMERICA   AND   WEST   INDIES.  221 

1728. 

been  put  up  several  years  following,  promising  rewards 
to  any  would  inform  against  the  aggressors,  but  they 
could  never  gain  any  certain  accounts.  I  examined 
several  of  the  inhabitants  who  had  staid  there  during 
the  winter  seasons,  they  could  none  of  them  deny  its 
being  true  that  the  houses  and  stages  were  demolished 
and  pull'd  down  for  ihe  sake  of  the  timber,  but  I 
could  not  fix  it  on  any  particular  persons,  the  planters 
laying  it  on  the  soldiers  and  they  on  the  planters,  it 
plainly  appeared  by  circumstances  that  both  were 
concerned,  and  for  that  reason  I  could  not  punish  the 
planters,  not  knowing  what  share  of  damage  to  impute 
to  them,  not  having  a  power  to  levy  a  fine  upon  the 
garrison,  which  is  the  usual  and  only  reparation  can 
be  had  and  what  is  practised  in  all  the  other  parts 
of  Newfoundland.  Their  other  complaint  was  that 
they  were  deprived  of  the  greatest  and  best  part  of 
the  Beach  which  is  that  within  the  harbour  and  by 
persons  who  had  no  right  to  it.  I  therefore  sum- 
moned all  those  who  had  any  stage  or  beach  to  produce 
their  titles,  upon  examination  I  found  the  Govr.  of 
the  garrison  laid  claim  to  most  of  the  rooms  and  stages 
within  the  harbour,  and  to  several  without,  but  how 
or  upon  what  grounds  I  really  can't  say,  for  when  he 
was  summon'd  he  refus'd  coming  to  the  Court,  excusing 
himself  by  saying  Govr.  Philips  had  given  him  positive 
orders  not  to  obey  any  summons  or  in  any  manner 
appear  himself  or  suffer  those  under  him  to  appear 
at  the  Court,  by  which  means  the  taverns  and  publick 
houses  being  most  of  them  kept  by  some  of  his  Garrison, 
being  under  his  protection,  do  as  they  please,  and  the 
preventing  disorders  and  riots  is  impossible.  Several 
complaints  were  brought  against  the  Governor  for 
detaining  plantations  that  belonged  to  others,  having 
seized  some  in  the  absence  of  the  owners,  imagining 
they  would  not  have  return'd  again,  and  others  upon 
pretence  of  debts  due  to  him  from  them,  but  as  he 
would  never  settle  the  accounts  nor  prove  the  debts, 
tho'  earnestly  desired  by  the  party's  concerned,  I 
can't  help  concluding  he  possesses  them  very  unjustly. 
As  these  stages  and  rooms  which  he  calls  his  own  are 
within  the  harbour  ;  and  so  much  more  commodious 
than  those  without,  which  are  liable  with  the  least 
bad  weather  to  have  so  great  a  surf  as  not  to  be  able 
to  land  or  wash  their  fish,  and  very  often  damages 
great  quantities  of  it,  the  masters  of  the  ships  hire 
them  every  year  for  so  much,  but  as  I  find  by  the 
copys  of  Capt.  St.  Lo's  papers  which  you  did  me  the 
favour  to  send  me,  that  their  Lops,  have  had  a  plan 


222  COLONIAL   PAPERS. 

1728. 


of  the  Beach  and  a  particular  accot.  from  him  what 
the  stages  and  rooms  were  let  for  last  year,  I  will  not 
trouble  you  again  with  it  etc.  As  I  could  get  no 
certain  accot.,  it  was  impossible  for  me  to  settle  who 
had  a  right  to  the  plantations  and  who  not,  and 
was  obliged  to  leave  it  in  almost  as  much  confusion 
as  I  found  it,  and  here  I  must  beg  leave  to  observe 
the  great  disorders  and  irregularitys  this  must  occasion, 
and  the  detriment  it  must  be  to  the  Fishery,  for 
Placentia  is  allowed  by  everybody  to  be  the  most 
commodious  harbour  and  the  finest  beach  in  the 
world  ;  when  the  French  had  it  100,000  quintals  of 
fish  has  been  seen  at  one  time  upon  it,  whereas  50 
has  been  the  utmost  we  have  ever  made  ;  several 
planters  would  undoubtedly  settle  there  did  they 
not  hear  of  the  oppressions  others  have  met  with, 
which  has  obliged  them  to  quit  the  place,  and  more 
ships  would  most  certainly  go  thither  to  fish,  could 
they  have  convenient  rooms  and  stages  without 
paying  for  them,  but  instead  of  that,  before  the 
arrival  of  the  man  of  war,  they  are  threatned  and 
intimidated  into  a  complyance  of  whatever  is  requir'd 
of  them,  the  Adml's.  powers  are  contemn'd,  their 
Court  represented  as  ridiculous  and  invalid,  and  of 
course  no  justice  to  be  had,  but  this  has  been  already 
represented  by  petitions  from  the  masters  of  ships 
and  other  methods  etc.  Although  I  could  not  settle 
anything  in  the  order  it  ought  to  be,  I  endeavoured 
to  do  all  I  could,  and  as  I  found  the  regard  to  the 
fishing  Admls.  powers  so  mightily  diminished  as 
made  me  justly  apprehend  orders  from  them  would 
be  but  negligently  obey'd,  I  therefore  gave  out  in  my 
own  name  such  as  I  found  absolutely  necessary 
(copies  enclosed),  and  have  enter'd  them  into  a  book, 
which  I  have  left  sealed  up  with  one  of  the  principal 
inhabitants,  to  be  delivered  to  the  next  officer  that 
shall  come  after  me,  that  he  may  know  what  I  did, 
and  my  reasons  for  so  doing.  If  such  a  register  had 
been  kept  ever  since  we  have  had  possession  of  the 
place,  it  would  not  be  so  difficult  to  decide  every  one's 
property,  which  really  as  things  were  I  could  not 
pretend  to  do  without  running  the  risque  of  doing 
injustice.  I  found  disputes  had  been  very  differently 
determined,  sometimes  according  to  the  law  and 
customs  were  in  force  in  the  French's  time,  and  some- 
times according  to  those  observed  in  the  other  parts 
of  Newfoundland,  for  no  new  Act  having  passed  since 
the  acquisition  of  the  place,  and  no  certain  rule 
prescribed  by  the  Heads  of  Enquiry,  every  one  has 


AMERICA   AND   WEST   INDIES.  223 

1728. 

decided  as  he  thought  proper  etc.  I  beg  to  submit 
it  to  their  Lops,  whether  it  will  be  possible  to  remove 
all  the  discouragements  the  Fishery  meets  with  and 
make  it  not  lyable  to  future  oppressions,  if  the 
garrison  continues  upon  the  foot  it  now  is,  and  not 
answerable  to  any  but  in  England  for  their  behaviour 
etc.  I  arrived  here  (i.e.  St.  Johns)  the  1st  instant 
and  found  Capt.  Osborn  had  been  arrived  14  days. 
I  flatter'd  myself  that  as  there  was  no  garrison  here 
to  terrify  or  interfere,  I  should  find  a  stricter  obedience 
to  the  laws  and  regulations  that  had  been  made  for 
the  government  of  the  place,  and  that  the  proper 
regard  was  shew'd  to  the  authority  vested  by  the  law 
in  the  fishing  Admls.,  but  on  the  contrary  I  find  that 
thro'  the  ignorance  of  some  and  negligence  of  more 
for  some  years  past,  they  have  been  so  slighted,  that 
unless  the  Capts.  of  the  men  of  war  are  present  to 
assist  and  countenance  them  at  their  Courts  their 
meetings  would  be  nothing  but  confusion,  and  their 
orders  of  no  use,  which  is  the  reason  we  are  obliged 
to  usurp  a  power,  which  I  apprehend  does  not  properly 
belong  to  us,  of  publishing  orders  in  our  own  names 
to  prevent  as  much  as  we  can  the  threats  the  rioting 
and  disorders,  which,  to  the  great  detriment  of  the 
Fishery  are  generally  practised  in  our  absence  :  The 
great  misfortune,  and  which  I  think  is  the  origine  of 
all  the  rest,  is,  that  nobody  in  the  winter  season  is 
empower'd  to  keep  peace  and  administer  justice, 
that  the  sober  and  industrious  are  every  day  lyable 
to  be  insulted  and  robbed  by  the  idle  and  profligate 
unless  they  can  oppose  them  with  greater  force.  In 
the  Heads  of  Enquiry  there  is  an  article  which  directs 
the  names  of  the  persons  to  be  returned  them  who 
administered  justice  during  the  laste  winter,  but  I 
can't  find  that  we  are  anywhere  authoriz'd  to  empower 
proper  persons  upon  our  leaving  the  country,  which 
is  so  well  known  by  everybody  that  were  we  to  pretend 
to  appoint  any,  not  the  least  regard  would  be  shown 
them.  There  is  a  greater  plenty  of  fish  this  year  in 
all  places  than  has  been  these  15  years  ;  their  only 
complaint  is  want  of  ships  to  carry  it  away,  etc. 
Signed,  Vere  Beauclerk.  Copy.  7$  pp.  [C.O.  194, 
8.  ff.  173-177i;.,  178u.] 

Oct.  18.  424.  Duke  of  Newcastle  to  Governor  Philipps.  H.M.  has 
Windsor  commanded  me  to  send  you  a  copy  of  preceding  letter,  and  to 
signify  to  you  that  you  forthwith  give  me  in  writing,  to  be 
laid  before  H.M.,  an  account  of  what  orders  you  have  at  any 


4  COLONIAL   PAPERS. 

1728. 


time  given  to  the  Lt.  Governor,  or  to  any  other  Officer  there, 
and  of  what  may  have  come  to  your  knowledge  concerning  the 
facts  mentioned  by  Lord  Vere  etc.  Signed,  Holies  Newcastle. 
Annexed, 

424.  i.  Copy  of  Lord  Vere's  letter  preceding.  [C.O.  324,  36. 
pp.  88-97.] 

Oct.  18.  425.  Duke  of  Newcastle  to  the  Council  of  Trade  and 
Windsor  Plantations.  H.M.  having  been  pleased  to  appoint  Woodes 
Rogers  Esqr.  to  be  Governor  of  the  Bahama  Islands,  you  are 
to  prepare  a  Commission  and  Instructions  for  him  etc.  Signed, 
Holies  Newcastle.  Endorsed,  Reed.  19th,  Read  22nd  Oct., 
1728.  |  p.  [C.O.  23,  2.  ff.  176,  177i;.] 

Oct.  23.         426.     Council  of  Trade  and  Plantations  to  Governor  Burnet. 
Whitehall.     Enclose  warrant  for  use  of  new  Seal  of  the  Massachusets  Bay, 

and  direct  him  to  return  the  old,  etc.  v.  14th  Aug.     [C.O.  5, 

916.     p.  174.] 

Oct.  23.         427.     Same  to  the  Duke  of  Newcastle.     Enclose  following 
Whitehall,     to  be  laid  before  H.M.     "  It  is  for  H.M.  service  that  his  Royal 
pleasure    upon   this   matter   should   be    signifyed   as    soon    as 
possible  "  etc.     Annexed, 

427.  i.  Same  to  the  King.  Representation  on  the  draught  of 
the  Excise  Act  prepared  by  the  Assembly  of  Barbados, 
1728  :  "  To  which  several  amendments  have  been 
offered  by  your  Majesty's  Council  there,  and  not 
agreed  to  by  the  Assembly,  who  insist  against 
admitting  any  amendments  to  the  bill  notwithstanding 
the  many  extraordinary  clauses  therein  contained, 
more  particularly  the  two  following  relating  to  utensils 
and  repairs  of  the  Magazines,"  quoted.  Continue  : — 
Whence  it  appears  that  the  Assembly  would  deprive 
the  Governor  of  the  power  given  him  by  your  Majesty 
to  sign  warrants  for  the  issuing  of  moneys  without 
their  approbation  first  particularly  obtain'd  for  that 
purpose,  contrary  to  the  constant  usage  of  that 
Island,  and  of  all  other  your  Majesty's  Colonies. 
Wherefore  etc.,  finding  many  things  therein  derogatory 
to  your  Majesty's  prerogative  and  contrary  to  several 
of  your  Royal  Instructions  to  your  Governor  there, 
for  his  conduct  in  the  issuing  of  money  and  the  passing 
of  bills,  we  thought  it  our  duty  to  lay  these  proceedings 
before  your  Majesty,  that  you  may  be  pleased  to 
declare  your  Royal  disapprobation  thereof,  to  dis- 
courage the  like  attempts  for  the  future.  [C.O.  29, 
15.  pp.  98-102  ;  and  (covering  letter  only,  with 
autograph  signatures)  28,  39.  No.  46.] 


AMERICA   AND   WEST   INDIES. 


225 


1728. 
Oct.  23. 

Whitehall. 


Oct.  26. 

Boston. 


428.  Same  to  Governor  Worsley.     Acknowledge  letters  etc. 
of  20th  July  and  14th  Aug.     Continue  : — We  have  perused  the 
Excise  bill,  as  it  was  prepared  by  the  Assembly,  and  have 
considered  the  several  amendments  proposed  to  be  made  to 
it  by  H.M.  Council,  which  seem  to  be  for  the  most   part   just 
and  reasonable,  and  we  are  of  opinion,  that  you  cannot  give 
your  consent  to  a  bill  conceived  in  such  terms  without  injuring 
the   King's   prerogative,    and   breaking  thro'   several   of  your 
Instructions.     As  H.M.  service  is  very  much  concerned  in  the 
event  of  this  affaire,  we  were  willing  to  give  you  our  thoughts 
upon  it  as  early  as  might  be,  and  we  shall  take  the  first  oppor- 
tunity of  laying  a  state  thereof  before  the  King  and  so  soon 
as   H.M.    shall   have  signifyed  his  pleasure  thereon,   we   shall 
communicate  the  same  to  you.     [C.O.  29,  15.     pp.  102,  103.] 

429.  Governor    Burnet    to    the    Council    of    Trade    and 
Plantations.     I  now  send  to  your  Lordships  the  votes  of  the 
Assembly  published  since  my  last  of  the  30th  of  Sept.  in  which 
your  Lordships  will  observe  that  I  endeavoured  to  bring  them 
out  of  their  inactive  state  by  my  speech  of  the  1st  of  October, 
of  which  they  would  of  themselves  take  no  notice,  and  when 
on  the  5th  the  Council  proposed  to  them  to  join  in  considering 
it,  the  House  put  it  off  to  the  23rd,  and  when  they  met  on  that 
day  they  refused  to  join  with  the  Council,  and  on  the  24th 
they  made  me  an  answer  by  themselves,  which  is  not  only  a 
refusal  of  the  thing  proposed  in  my  last  speech,  but  likewise  a 
persisting  in  disregarding  H.M.  23rd  Instruction  about  fixing 
a  salary.     Upon  this  I  thought  it  proper  to  do  what  I  had  for 
a  week  before  told  them  in  private  discourse  that  I  would  do 
unless  they  would  prevent  it  by  a  complyance,  and  that  is  I 
have  adjourned  the   General  Court  to  Salem,   a  town  about 
20  miles  from  hence  to  meet  on  the  31st  inst.     My  reasons  for 
doing  it  are  these.     Because  this  town  of  Boston  has  shewn 
their  disrespect  and  undutifullness  to  H.M.  by  calling  a  general 
town  meeting  of  all  the  freemen  of  this  town,  in  which  they 
unanimously  gave  instructions  to  their  members  to  vote  against 
fixing  a  salary  on  the  Governour.     This  was  first  done  in  this 
town,  and  has  been  followed  by  some  towns  in  the  Province, 
3  or  4  of  them  have  done  the  same  with  Boston  but  others 
have   had  the    prudence    to    decline    giving  any  instructions 
but  have  left  it  to  their  members.     This  attempt  of  which 
Boston  set  the  example  is  of  so  dangerous  a  nature  to  the 
Constitution  if  it  should  be   drawn  into  precedent,   and  has 
been  so  maliciously  employed  at  this  time,  that  I  thought  it 
necessary  for  the  Government  to  shew  its  resentment  upon  it. 
Because  the  people  of  the  town  are  continually  endeavouring  to 
pervert  the  minds  of  the  Members  that  come  from  the  Country, 
who  it  is  to  be  hoped  will  not  be  so  much  tampered  with  in  the 
Country  and  particularly  at  Salem,  where  I  am  informed  the 

C.P.XXXVI— is 


226  COLONIAL   PAPERS. 

1728. 

people  are  generally  well  inclined,  as  the  Members  for  that  place 
are.  Because  the  whole  profit  of  the  meeting  of  the  Assembly 
is  confined  to  the  town  of  Boston  who  deserve  so  ill  at  the 
hands  of  the  Government ;  and  therefore  their  interest  leads 
them  to  keep  the  Assembly  together  as  long  as  they  can  for 
the  benefit  of  the  town  ;  which  has  often  been  the  occasion 
of  many  tedious  and  needless  Sessions.  And  as  I  believe  it 
will  be  acceptable  to  the  country  to  have  the  expences  of  the 
General  Court  circulate  through  the  principal  towns  of  the 
Province,  which  is  the  method  I  intend  to  pursue,  till  I  have 
orders  from  your  Lordships  which  I  earnestly  intreat  that  I 
may  have  by  the  first  vessel  that  will  sail  for  this  place  in  the 
Spring,  which  will  be  in  February  next.  I  would  now  beg 
leave  to  propose  to  your  Lordships  two  expedients  that  I 
humbly  apprehend  will  be  necessary  to  bring  this  people  to 
reason  and  their  duty,  and  without  which  I  fear  that  H.M. 
authority  here  will  be  treated  with  very  little  respect.  First 
I  hope  your  Lordships  will  think  fit  to  move  H.M.  for  a  dis- 
allowance of  the  Act  for  raising  and  settling  a  Public  Revenue 
for  and  towards  defraying  the  necessary  charges  of  this  Govern- 
ment by  an  emission  of  sixty  thousand  pounds  in  bills  of  credit 
on  this  Province,  but  at  the  same  time  because  it  will  create  a 
good  deal  of  confusion  if  this  disallowance  should  be  final  I 
hope  your  Lordships  will  move  at  the  same  time  for  leave  to 
re-enact  the  whole  substance  of  the  Act,  providing  the  interest 
of  four  per  cent,  be  therein  applyed  to  the  salary  of  the 
Governour  for  the  time  being,  so  that  it  may  be  issued  for 
that  purpose  by  warrants  from  the  Governour  in  Council,  as 
it  comes  in  to  the  Treasury.  The  second  thing  I  humbly  propose 
is,  that  your  Lordships  would  be  pleased  to  lay  before  H.M. 
the  whole  conduct  of  the  Assembly  not  only  in  refusing  to 
comply  with  H.M.  23rd  Instruction,  but  likewise  in  having  the 
confidence  to  charge  H.M.  with  giving  an  Instruction  that  has 
a  direct  tendency  to  weaken  if  not  to  destroy  their  happy  consti- 
tution (pag.  32  and  52  of  their  votes),  an  Instruction  that  is 
in  prejudice  of  the  rights  and  libertys  of  the  inhabitants  of  this 
Province  (pag.  49),  an  Instruction  with  which  a  complyance 
might  justly  be  deemed  a  betraying  the  rights  and  priviledges 
granted  in  the  Charter  (pag.  66),  and  a  bearing  on  their  priviledges 
(pag.  80),  and  is  concluded  by  the  house  to  tend  very  much  to  the 
hurt  of  the  people  of  this  Province  (pag.  103).  This  I  conceive 
to  be  a  charge  of  a  very  high  and  daring  nature,  and  if  it  is  not 
resented  at  home,  will  render  the  Assembly  here  insufferabty 
arrogant.  And  since  H.M.  has  threatened  them  with  the 
consideration  of  the  Legislature  in  what  manner  the  honour  and 
dignity  of  His  Government  ought  to  be  supported  in  case  they 
shall  not  pay  an  immediate  regard  to  His  Royal  Will  and  Pleasure, 
and  now  that  they  have  not  only  refused  to  do  this,  but  have 
made  such  daring  reflections  on  H.M.  upon  account  of  this 


AMERICA   AND   WEST   INDIES. 


227 


1728. 


Oct.  26. 

Boston 


Instruction  I  humbly  submit  it  to  your  Lordships  if  it  is  not 
absolutely  necessary,  that  H.M.  be  moved  to  lay  the  matter 
before  His  Parliament,  that  they  may  see  how  H.M.  has  been 
treated  by  this  Assembly,  and  that  the  two  Houses  may  have 
an  opportunity  thereupon  of  assuring  H.M.  of  their  sense  of 
the  undutifull  behaviour  of  this  Colony,  in  pretending  without 
any  ground  that  His  Instruction  is  any  way  contrary  to  the 
Charter  granted  by  King  William  and  of  their  readiness  in 
assisting  H.M.  to  secure  the  dependance  of  this  province  on 
the  Crown  in  case  they  do  not  comply  with  His  Instruction, 
and  express  their  acknowledgments  of  their  undutifull  behaviour, 
before  the  following  Sessions  of  Parliament.  This  my  Lords 
will  be  no  final  decision  against  their  Charter,  but  will  give 
them  just  apprehensions  of  loosing  it,  if  they  continue  refractory 
and  I  beleive  nothing  less  then  this  will  be  sufficient  to  bring 
them  to  a  true  sense  of  their  duty.  I  must  therefore  humbly 
beg  your  Lordships  to  give  all  possible  dispatch  to  their  affair 
as  being  brought  to  a  crisis,  which  must  inevitably  end  in 
preserving  or  loosing  H.M.  prerogative  in  this  place  ;  and  in 
the  meantime  tho  I  have  little  hopes  of  succeeding  with  the 
Assembly  ;  yet  I  am  determined  to  keep  them  sitting  till  I 
have  your  Lordships  commands  ;  that  the  Country  may  have 
the  full  experience  of  the  vast  charge  that  their  obstinacy 
brings  upon  them  etc.  Encloses  following  and  awaits  the 
Board's  decisive  commands  in  the  Spring  etc.  P.S.  He  is  in- 
formed that  the  acts  have  been  transmitted  etc.  Signed,  W. 
Burnet.  Endorsed,  Reed.  10th,  Read  llth  Dec.,  1728.  7  pp. 
Enclosed, 

429.  i.  Resolutions  of  a  meeting  of  Freeholders  at  Boston, 

Sept.  30,  1728  that  (i)  that  they  would  not  have  a 
salary  settled  upon  a  Governor  for  the  time  being, 
nor  (ii)  on  the  present  Governor  for  a  limited  time. 
Signed,  Samll.  Checkley,  Town  Clerk.  Endorsed  as 
preceding.  [C.O.  5,  870.  ff.  135-139U.] 

430.  Governor  Burnet  to  the  Duke  of  Newcastle.     Encloses 
duplicate    of    Sept.    13th.     Continues : — Since    which    I    have 
received   two   Additional    Instructions    (18th   June) ;     I    have 
ordered    the    directions    about    the    manner    of    praying    for 
the  Royal  Family  to  be  published  etc.     I  must  now  beg  leave 
to  apply  to  your  Grace  for  redress  against  the  Assembly  here, 
who  have  not  only  refused  to  comply  with  H.M.  Instruction 
about  fixing  a  salary,  but  have  had  the  assurance  to  charge 
H.M.  with  an  attempt  therein  to  break  the  priviledges  granted 
to  them  in  their  charter.     Refers  to  enclosed  duplicates  of  letters 
to  Board  of  Trade  for  proposed  expedients  to  bring  them  to  reason 
etc.     Prays  that  the  matter   "  may  be  laid  before  H.M.  as  soon 
as  possible,  and  that  if  it  is  thought  proper  a  resolution  of 
Parliament  may  be  obtained  in  order  to  convince  this  people 


228 

1728. 


Oct.  26. 

Boston. 


Oct.  26. 

Boston. 


COLONIAL   PAPERS. 


that  their  daring  attempts  will  not  be  countenanced  there,  as 
they  pretend  to  hope.  I  continue  the  Assembly  sitting  in  full 
expectation  of  decisive  commands  from  your  Grace,  by  the 
first  vessel  that  will  sail  from  London  in  February  next,  without 
which  I  have  little  reason  to  expect  any  regard  from  them  to 
H.M.  Instruction.  I  hope  your  Grace  will  excuse  my  being 
so  importunate,  since  it  is  a  matter  in  which  H.M.  authority, 
and  prerogative  is  so  nearly  concerned,  and  in  supporting  which 
I  hope  my  zeal  will  be  approved  by  your  Grace."  Signed,  W. 
Burnet.  Endorsed,  R.  10th  Dec.  2  pp.  Enclosed, 

430.  i—  iii.  Duplicates  of  Nos.  387,  404,  429.  [C.O.  5,  898. 
Nos.  46,  46  i-iii.] 

431  .  Governor  Burnet  to  Mr.  Delafaye.  Refers  to  preceding. 
Concludes  :  —  I  hope  for  your  friendship  in  getting  this  affair 
forwarded  with  all  possible  dispatch,  till  which  time  this 
Government  is  of  no  profit,  and  has  no  authority.  Signed  and 
endorsed  as  preceding.  1  p.  [C.O.  5,  898.  No.  47.] 

432.  Same  to  Mr.  Popple.  Will  send  duplicates  of  his  letters 
to  the  Board,  Sept.  13,  30th  and  Oct.  26,  by  the  next  vessel  etc. 
Signed,  W.  Burnet.  Endorsed,  Reed.  10th,  Read  llth  Dec., 
1728.  Holograph.  1  p.  [C.O.  5,  870.  ff.  140, 


Oct.  28. 

Barbados. 


Oct.  28. 

Barbados. 


433.  Governor  Worsley  to  the  Duke  of  Newcastle.     Refers 
to  proposed  dissolution  of  Assembly  v.  12th  Oct.     Continues  :  — 
But  not  finding  any  disposition  in  the   people   here,   to  act 
otherwise  than  they  had  hitherto  done,  and  that  a  new  election 
might  occasion  greater  confusion  in  the  countrey,  I  did  not 
think  it  proper  to  dissolve  them,  neither  shall  I,  till  I  have  the 
honor  of  H.M.  commands  upon  what  they  have  already  done, 
from    whence    only,    I    can    expect,    considering    the    present 
situation  of  affairs  here,  any  alteration  in  their  conduct,  and 
therefore  I  prorogued  them  to  the  12th  of  the  next  month, 
when  I  propose  to  let  them  sit,  for  as  the  duties  upon  wine  are 
the  chief  support  of  this  Government,  and  as  they  generally 
come  in  about  Christmas,  in  case  a  proper  expedient  could  be 
found  out,  by  which  those  duties  may  be  paid,  tho'  the  money 
not  disposed  of,  till  H.M.  pleasure  should  be  known,  a  consider- 
able summ  of  money  may  be  saved  for  the  service  of  this 
Governmt.     Signed,   Henry  Worsley.     Endorsed,   R.   7  Janry. 
2  pp.     [C.O.  28,  44.     No.  128.] 

434.  Same    to    the    Council    of    Trade    and    Plantations. 
Duplicate    of    preceding,    mutatis    mutandis.     Signed,    Henry 
Worsley.     Endorsed,  Read  20th  May,   1729.     2  pp.   [C.O.  28, 
20.     ff.  105,  I05v,  106i>.] 


AMERICA   AND   WEST   INDIES. 


1728. 
Oct.  29. 

Coleniiin 
Street. 


435.  Mr.  De  la  Fontaine  to  Mr.  Popple.  Encloses  following. 
Continues  : — By  the  encouragement  wee  now  have  from  abroad, 
wee  could  engage  allmost  for  any  number.  Those  wee  trans- 
ported to  Pensilvania  wrote  to  their  friends  allways  to  prefer 
Mr.  Missing's  ships  etc.  Signed,  Benja.  de  la  Fontaine. 
Endorsed,  Reed.  28th  Oct.,  1728,  Read  16th  July,  1729. 
Addressed.  |  p.  Enclosed, 

4-35.  i.  Thomas  Missing  to  the  Council  of  Trade  and  Plan- 
tations. His  agents  in  Holland  etc.  assure  him  that 
very  great  numbers  of  Protestant  Palatine  families 
are  willing  to  be  transported  by  him  to  S.  Carolina 
as  soon  as  the  encouragement  to  be  given  them  is 
fixed  etc.  I  p.  [C.O.  5,  360.  .//".  163, 164, 166*;.] 


Oct.  30. 

St.  Johns, 
Newf  land. 


436.  Mr.  Keen  to  Mr.  Popple.  Refers  to  letter  of  Oct.  3. 
Continues : — I  was  desired  by  the  Ld.  Vere  Beauclerk  to 
acquaint  their  Ldshps.  of  anything  happening  after  his  leaving 
etc.,  since  which  divers  ill  actions  and  thefts  has  been  com- 
mitted, insomuch  that  wee  have  scarce  anything  that  wee  can 
well  call  our  own,  our  sheep  and  the  produce  of  our  gardens 
are  stole  from  us,  and  for  want  of  propper  authority  the 
ofenders  altho  convicted  go  unpunished.  Prays  that  persons 
to  administer  justice  during  the  winter  may  be  appointed. 
Continues  : — The  trade  of  Newfland  suffers  much  in  relation 
to  the  culling  of  fish  (that  is  seperating  what  is  merchantable 
from  the  refuse)  many  ignorant  men  taking  bad  for  good  which 
when  at  a  market  turns  out  rotten  and  black,  and  others  refusing 
all  but  the  flour,  which  is  unjust  and  its  not  to  be  prevented 
unless  as  in  all  other  the  Plantations  there  be  sworn  searchers 
or  cullers  appointed,  the  charge  of  a  penny  a  quentall  to  be 
paid  by  the  seller  and  buyer,  which  would  infallibly  prevent 
all  the  frauds  now  committed  and  our  fish  regain  its  credit  in 
forreign  markets,  and  here  are  at  all  times  men  sufficient  that 
would  gladly  be  imployed  in  that  servis  etc.  Signed,  W.  Keen. 
Endorsed,  Read  19th  Dec.,  1728.  If  pp.  [C.O.,  194,  8.  ff. 
185,  185i;.,  186z;.] 


Oct.  30. 

St.  Johns, 
Newf'land. 


437.  Same  to  same.  Begins  as  preceding.  Continues : — 
Since  the  beforegoing  I  have  returnd  me  my  Lord  Vere  Beau- 
clerk's  order  directed  to  the  Admls.  of  Renuse,  (enclosed),  the 
persons  directed  to  have  no't  only  denyd  the  obeying  the  sd. 
order  but  us'd  vile  and  oprobrious  language,  and  persist  in 
doing  the  most  unwarrantable  and  unlawful  actions,  as  indeed 
has  been  the  frequent  customs  of  the  Admils.  of  the  outports, 
being  men  generally  as  ignorant  as  insolent  etc.  In  behalf  of 
the  distrest  inhabitants  I  begg  leave  to  lay  before  their  Ldspps. 
the  necessity  there  is  of  haveing  their  greivances  redrest.  I  have 
resided  here  a  merchant  upwards  of  20  years,  and  am  perfectly 


230  COLONIAL   PAPERS. 

1728. 


acquainted  with  the  nature  and  trade  of  this  country  and  am 
very  well  assured  that  the  decrease  of  the  trade  is  chiefly  oweing 
to  the  want  of  due  administration  of  justice  etc.  Offers  his 
services.  Signed,  W.  Keen.  Endorsed  as  preceding.  2£  pp. 
Enclosed, 

437.  i.  (a)  Commodore  Lord  Vere  Beauclerk  to  the  Admirals 
of  Renouse.  Kinsale.  12th  Sept.,  1728.  Whereas 
I  find  you  have  pulled  down  a  cook-room  and  removed 
land-marks  belonging  to  John  Jenkins,  notwith- 
standing he  produced  proof  of  his  undoubted  right 
to  the  said  plantation,  you  are  hereby  directed  to 
make  him  immediate  satisfaction  etc. 

(b)  Same  to  Same.  4th  Oct.  Whereas  I  find  that 
you  have  had  the  insolence  to  disobey  above  order, 
I  have  ordered  Mr.  Jenkins  to  acquaint  Mr.  Keen, 
if  you  do  not  immediately  make  him  satisfaction, 
who  upon  my  desire  will  represent  your  disobedience 
to  the  Lords  Commrs.  of  Trade  etc.  (Benjamin  Jolley, 
Adml.)  Copy.  If  pp. 

437.  ii.  Mr.  Jenkins  to  Mr.  Keen.  Renouse.  Oct.  21st, 
1728.  The  Admirals  made  slight  of  my  Lord  Vere's 
order  etc.,  and  say  they  will  answer  to  the  Lords 
Commissioners  for  what  they  have  done,  and  that  the 
Lieuts.  comes  along  shore  only  to  get  money  but  not 
to  do  justice  etc.  Signed,  John  Jenkins.  Witnessed 
by,  R.  Rowes,  his  mark,  Ester  Rowes,  John  Chappell. 
Endorsed,  Read  19th  Dec.,  1728.  1  p.  [C.O.  194,  8. 
ff.  187-189,  190, 


Oct.  30.  438.  Lt.  Governor  Pitt  to  the  Duke  of  Newcastle.  I 
Bermuda,  arrived  at  the  Bermuda  Islands  the  2nd  of  Sept.  last  and  upon 
my  arrivall  found  the  cuntry  had  been  much  damnified,  by  a 
violent  hurricane,  which  has  by  many  ways  and  means  reduced 
this  cuntry  to  great  scarcity  etc.  Upon  my  inspecting  into 
the  state  of  the  administration  of  Justice,  I  found  it  attended 
with  many  inconveniencys,  and  as  many  delays,  by  reason 
of  the  accumulation  of  offices,  on  some  persons,  and  many  of 
them  incongruous  to  each  other  ;  as  the  judges  of  the  common 
pleas  ;  being  Councillers  and  some  of  them  allso  justices  of 
the  Peace,  which  greviances  appearing  to  me  in  the  infancy 
of  my  government,  as  I  may  presume  to  say,  did  require  an 
imediate  alteration,  by  constituting  judges  not  Councillers, 
and  supplying  the  -place  of  Justices,  in  the  room  of  the 
Councillers,  who  before  acted  in  a  triple  capacity  etc.  I  have 
appointed  Coll.  WTilliam  Outterbridge  Cheife  Justice,  whose 
abilitys  and  good  intentions,  to  promote  peace  and  neighbourly 
concord,  are  well  known  throughout  the  whole  country,  etc. 
Refers  to  a  letter  he  has  written  to  Mr.  Delafaye.  v.  30th  Nov. 
Signed,  John  Pitt.  Feb.  14th.  1  p.  [C.O.  37,  29.  No.  1.] 


AMERICA   AND   WEST   INDIES. 


231 


1728. 
Nov.  1. 

St.  James's. 


Nov.  1. 


439.  Order  of  King  in  Council.     Ordered,  upon  a  memorial 
from  the  Lords  Commissioners  of  the  Admiralty,  that  warrants 
be   prepared  for  commissions  to  pass  under  the  Great  Seal  for 
trying  all  such  pyrates,  as  are,  or  shall  be  taken  in  any  of  H.M. 
Plantations,  according  to  the  sevll.  acts  of  Parliament  in  that 
behalf.     The  Lords  Commissioners  for  Trade  and  Plantations 
are  forthwith  to  present  to  H.M.  at  this  Board,  the  names  of 
such  persons  as  they  shall  think  proper  for  executing  the  said 
Commissions,  and  which  of  the  Plantations  may  be  fitly  compre- 
hended within  each  Commission  ;    and  likewise  whatever  they 
shall  think  necessary  for  the  effectual  performance  of  the  said 
Commissions.     Signed,  Temple  Stanyan.     Endorsed,  Reed.  1st, 
Read  6th  Nov.,  1728.     1  p.     [C.O.  323,  8.     Wo.  93.] 

440.  Governor  Philipps  to  the  Duke  of  Newcastle.       In 
reply  to  orders  of  18th  Nov.  encloses  copies  of  his  proceedings 
with  the  Lt.  Gov.  and  Garrison  of  Placentia  in  relation  to  the 
Fishery,    "  which  will  I  hope  be  found  plain  evidence,  that 
the  orders  I  gave  were  literally  agreeable  with  my  Instructions, 
and  not  such  as  that  gentleman  falsly  alledg'd  to  excuse  his 
appearance,   when  call'd  to  be  examined,   for  it  will  appear 
demonstrably  that  upon  that  occasion  in  his  answer  to  Lord 
Vere  he  must  have  wrested  the  words  of  the  order  (which  forbid 
his  medling  with  the  Fishery  in  any  manner  whatsoever)  to 
colour  his  refusal  to  appear  at  that  Court  which  he  was  conscious 
wou'd  enquire  into  facts  that  he  cou'd  not  justify  "    etc.     Has 
no   knowledge  of  the  facts  except  by  common  report,  no  com- 
plaint having  been  made  to  him  etc.     Continues  : — Nevertheless 
being    jealous    of   the    Lieut.    Governour's    conduct,    in    that 
particular  from  what  had  been  reported,  I  gave  a  deputation 
to  the  Major  of  the  Regiment  to  go  to  Placentia  and  to  enquire 
into  the   state   of  the   affairs  between  the   Garrison  and  the 
Fishery,  which  happen'd  at  the  time  when  Lord  Muskery  was 
in  the  Harbour  to  whom  the  said  Commission  was  communi- 
cated, when  the  planters  and  masters  of  vessells  being  call'd 
together  according  to  my  directions,  and  the  Articles  of  Enquiry 
read  to  them  (the  Lieut.  Govr.  present)  they  were  all  silent, 
but  whether  thro'  fear  or  the  want  of  just  reason  of  complaint 
I  cannot  determine  etc.     Upon  the  delivering  up  of  Placentia 
the  French  proprietors  had  leave  to  dispose  of  their  effects, 
which  the  former  Lieut.  Govr.  pretended  to  have  bought,  and 
when  reed,  convey'd  his  right  to  the  present  Lieut.  Govr.,  by 
which  he  now  claims  those  beaches  and  fishing  rooms,  whether 
this  be  not  a  breach  of  orders  in  both  is  submitted  to  H.M. 
It  is  to  be  wish'd  that  as  the  disposition  of  that  garrison  has 
been  so  much  chang'd  since  the  establishment  was  made  for  a 
Lieut.  Govr.  as  to  be  reduc'd  from  five  companys  to  one  (which 
is  not  a  proper  command  for  such  an  officer),  that  the  Lieut. 
Govr.  might  be  remov'd  to  Canso  where  the  other  four  companys 


232 


COLONIAL   PAPERS. 


1728. 


Nov.  4. 

N. 
Providence 


are  posted,  or  otherwise  dispos'd  of  as  H.M.  shall  think  fit,  by 
which  removal  the  Fishery  at  Placentia  will  be  freed  from  any 
future  disturbance.  Signed,  R.  Philipps.  3  pp.  Enclosed, 

440.  i.  Copies    of   Governor   Philipps'    orders   to   Lt.    Govr. 

Gledhill,  4th  May,  1720,  and  18th  July,  1722,  and 
commission  to  Major  Cosby,  18th  July,  1722,  to  hold 
an  enquiry  etc.,  referred  to  in  preceding.  4  pp. 
[C.O.  217,  38.  Nos.  21,  21  i.] 

441.  Governor  Phenney    to    the    Council    of    Trade    and 
Plantations.      Acknowledges    letter    of    31st    Aug.    1727,    and 
thanks  for  their  recommendation  for  stores  of  war  mentioned 
in  letter  of  15th  May.     Continues  : — Walpole  Fort  which  I  am 
building  at  the  East  entrance  of  the  harbour  I  hope  will  be 
finish'd  with  God's  blessing  in  about  six  months,  but  I  shall 
not  be  able  to  mount  any  cannon  till  I  get  a  supply  of  carriages. 
By  a  letter  from  the  Assiento  Factor  at  the  Havana  I  am 
inform'd  that  on  the  9th  Sept.  the  Spaniards  publish'd  a  truce 
for   seven    years   establishing   the    Assiento   according   to   it's 
contract,  and  hope  our  small  vessels  may  reap  the  benefit  of 
these  islands,  with  more  security  than  they  have  done  for  some 
time  past.     P.S.     By  the  Guardland,  Capt.  Anson.     The  Naval 
Officer  being  out  of  the  way,  I  am  oblig'd  to  defer  the  last 
quarter's     Customhouse     papers     etc.      Signed,    G.    Phenney. 
Endorsed,  Reed.  16th  Feb.,  Read  1st  May,  1729.     2  pp.     [C.O. 
23,  2.     ff.  186,  186».,  187i>.] 

442.  Governor  Phenney  to  the  Duke  of  Newcastle.     Signed, 
G.  Phenney.     \\pp.     Enclosed, 

442,  i,  ii.  List  of  ships  entered  and  cleared  at  N.  Providence, 
24th  March — 25th  June,  1728.  Inwards,  6  ;  Out- 
wards, 8  (with  rum,  fruit,  turtle  and  whale  oil),  to 
S.  Carolina  (4),  N.  York  (1).  Bermuda  (2),  Jamaica 
(1).  Signed,  Jno.  Warner,  Naval  Officer.  4  pp. 

442.  iii.  Answers  to  Queries  of  the  Board  of  Trade,  1728. 
As  before.  Negroes  imported,  1728,  6.  9f  pp. 
[C.O.  23,  14.  ff.  60,  60i>.,  61*;.,  62*;.,  63,  64t>.,  65, 
66-70i;.] 

Nov.  6.  443.  Order  of  King  in  Council.  Approving  representation 
st.  James's  No.  449,  and  ordering  the  names  of  persons  contained  in  said 
report  to  be  inserted  in  the  commissions  for  trying  pirates, 
with  a  specification  of  the  particular  Plantations  represented 
by  the  said  report  as  proper  to  be  comprehended  in  each  com- 
mission. Signed,  Temple  Stanyan.  Endorsed,  Reed.  13th, 
Read  20th  Nov.,  1728.  1  p.  [C.O.  323,  8.  No.  95.] 

Nov.  6.          444.     Order  of  King  in  Council.     Referring  following  to  the 

St.  James's.    Council  of  Trade  and  Plantations,  who  are   "  to  consider  thereof, 

and  lay  before  H.M.  such  methods  as  will  be  most  effectual  to 


Nov.  4. 

N. 
Providence. 


AMERICA   AND    WEST   INDIES. 


23:3 


1728. 


prevent  the  destruction  of  the  woods  in  those  parts  and  also 

their  opinion  of  the  necessity  and  utility  of  building  a  fort  at 

Casco     Bay     as     is     proposed."       Signed,     Temple     Stan  van. 

Endorsed,  Reed.  9th,  Read  26th  Nov.,  1728.     l£  pp.    Enclosed, 

444.  i.  Lords  Commissioners  of  the  Admiralty  to  the  Duke 

of    Newcastle.     Admiralty    Office.     4th    Oct.     1728. 

Enclose  following,    "  that  you  may  be  informed  of  the 

great  difficulties  found    in    procuring   masts  in  those 

parts  for  the  use  of  the  Navy,  occasioned  by  the  want 

of  due   care   to   preserve   the   woods  "     etc.     Signed, 

Jo.  Cockburn,  Jno.  Norris,  Cha.  Wager.     Copy.     1  p. 

444.  ii.  Commissioners     of    the    Navy     to     Mr.    Burchett. 

Navy  Office.     2nd  Oct.,  1728.     Enclose  following.     5 

signatures.     Copy.     1  p. 

444.  iii.  Ralph  Gulston,  Contractor  for  supplying  H.M.  Navy 
with  New  England  masts,  to  the  Commissioners  of 
the  Navy.  2nd  Oct.,  1728.  Represents  that  it  being 
impracticable  to  get  masts  in  New  Hampshire  by 
reason  of  the  great  waste  of  white  pine  trees  of  late 
years,  he  was  obliged  to  send  a  number  of  men,  cattle, 
and  materials  along  the  coast  further  eastward  to 
procure  them  ;  but  that,  for  want  of  a  fort  at  Casco 
Bay  to  protect  his  people,  they  are  very  much  exposed 
to  the  Indians,  who  have  already  once  annoyed  and 
driven  them  from  their  work  etc.  Apprehension  of  the 
Indians  is  the  chief  occasion  of  that  part  of  the  country 
being  so  thin  peopled  etc.  A  fort  would  encourage 
inhabitants  and  not  cost  more  than  £500  sterl.  etc. 
Copy.  1|  pp.  [C.O.  5,  870.  ff.  127-128,  129,  130, 
180v., 


Nov.  6.          445.     Order  of  King  in  Council.     Referring  to  Committee 
st.  James's,    representation  of  23rd  Oct.  and  draft  of  excise  bill  of  Barbados. 
Signed,   Temple  Stanyan.     Endorsed,   Reed.   12th,   Read  20th 
Nov.  1728.     f  p.     [C.O.  28,  20.     ff.  72,  78u.] 

Nov.  6.  446.  Lt.  Governor  Gooch  to  the  Council  of  Trade  and 
Virginia.  Plantations.  The  time  being  now  expired  wherein  his  late 
Majesty  was  pleased  to  exempt  the  inhabitants  of  the  two 
frontier  Counties  of  Brunswick  and  Spotsilvania  from  the 
payment  of  quit  rents  ;  there  appear  very  great  difficulties 
in  forming  the  rent  roll  of  those  counties  occasioned  by  some 
former  resolutions  in  the  time  of  Governor  Drysdale's  adminis- 
tration, and  upon  which  no  positive  directions  have  yet  been 
received  from  your  Lordships.  For  I  find  in  the  Minutes  of 
Council  of  the  23rd  of  Aprill  1724  an  order  to  the  Officers  of 
the  Revenue  not  to  demand  either  the  rights  or  quit  rents  for 
lands  granted  in  those  counties  from  their  first  erection  to  that 
time,  lest  the  acceptance  of  such  payments  should  be  construed 


COLONIAL   PAPERS. 

1728. 

an  allowance  and  approbation  of  some  large  grants  of  land, 
which  were  then  judged  to  be  made  contrary  to  H.M.  intentions. 
According  to  this  resolution  I  find  that  the  officers  of  the 
Revenue  have  hitherto  made  no  demand  of  the  quit  rents  for 
any  of  those  great  tracts  of  land,  which  have  been  held  by  the 
patentees  for  six  or  seven  years  past,  and  that  they  have  even 
thought  themselves  obliged  to  refuse  the  quit  rents  of  such 
lands  when  tendered  by  the  present  possessors  ;  to  which  they 
have  been  the  rather  determined  by  a  paragraph  in  your 
Lordships  letter  to  Mr.  Drysdale  of  the  30th  of  June  1726, 
wherein  your  Lordships  are  pleased  to  intimate  that  as  Col. 
Spotswood  had  petitioned  H.M.  upon  the  subject  of  those 
grants,  you  were  willing  to  wait  some  time  before  you  signified 
your  thoughts  upon  that  matter.  This  being  the  last  intimation 
received  from  your  Lordships  on  this  subject,  I  thought  fit, 
taking  the  advice  of  the  Council,  to  wait  your  Lordships  further 
pleasure  before  any  demand  be  made  for  those  quit  rents.  I 
shal  not  take  upon  me  to  offer  my  own  sentiments  in  an  affair 
which  has  been  so  long  under  the  consideration  of  your  Lord- 
ships, and  wherein  I  understand  the  King's  Council  have  been 
consulted  in  point  of  law  ;  But  I  shal  beg  leave  to  say  that  tho' 
the  persons  who  first  took  up  those  large  tracts  of  land  upon  the 
supposition  that  the  King  would  grant  all  that  the  Assembly 
petitioned  for,  were  in  the  wrong  to  proceed  so  far  without 
H.M.  approbation  ;  yet  I  am  credibly  informed  that  without 
taking  up  those  large  tracts  upon  which  great  improvements 
were  necessary  to  be  made,  those  counties  would  not  have  been 
settled  so  speedily  as  they  have  been,  and  much  of  that  land 
which  has  been  seated  in  small  parcells  would  in  all  probability 
have  remained  to  this  day  desolate,  as  may  be  seen  in  the 
County  of  Brunswick,  which  having  but  few  great  tracts  of 
land  taken  up  in  it  by  men  of  substance,  hath  advanced  very 
little  in  the  number  of  its  inhabitants  in  proportion  to  the  other 
county  Spotsilvania  where  the  greatest  tracts  have  been  granted 
and  possessed,  and  thereby  given  encouragement  to  the  meaner 
sort  of  people  to  seat  themselves  as  it  were  under  the  shade 
and  protection  of  the  greater.  By  this  method  of  reasoning  I 
am  led  to  think  that  there  is  some  favour  due  to  those  who 
have  thus  adventured  to  promote  the  settlement  of  those  new 
frontiers  :  but  whether  H.M.  will  think  fit  to  extend  his  bounty 
to  them  in  easing  them  of  paying  for  their  rights,  which  still 
remain  unsatisfied,  or  in  any  other  exemption  in  respect  to 
their  quit  rents  must  depend  on  what  your  Lordships  shall 
think  proper  to  represent  to  H.M.  in  their  favour  :  though  I 
must  beg  leave  to  offer  my  opinion,  that  the  discharging  them 
from  the  payment  of  the  rights  would  be  the  most  reasonable, 
as  it  puts  them  on  the  equal  foot  with  the  rest  of  the  inhabitants 
of  those  counties  who  have  lesser  portions  of  land  ;  and  the 
payment  of  their  quit  rents  only  from  the  time  of  their  grants 


AMERICA   AM)    \VKST    INDIES. 


1  728. 


Nov.  6. 

St.  James's. 


Nov.  6. 

St.  James's. 


Nov.  6. 

Whitehall. 


Nov.  6. 

Whitehall. 


would  ballance  the  advantage  they  have  had  over  others  in 
taking  up  those  great  tracts,  when  these  have  been  confined  to 
one  thousand  acres  exempt  from  both  payments.  There  is 
one  consideration  more  which  weighs  much  with  me  and  makes 
me  wish  that  some  indulgence  may  be  allowed  in  the  matter 
of  the  rights,  and  that  is,  to  prevent  abundance  of  law  suits 
which  will  arise  on  the  bonds  taken  for  those  rights,  which 
however  they  may  be  determined,  cannot  but  create  discontents 
and  murmurings  where  so  many  people's  interests  are  con- 
cerned. And  if  Col.  Spotswood  in  regard  to  the  great  expence 
he  has  been  at  on  his  settlement,  and  the  misfortunes  attending 
his  undertakings  ever  since,  has  the  good  luck  to  receive  any 
particular  mark  of  H.M.  favour,  your  Lordships  will  give  me 
leave  to  hope  that  the  same  bounty  will  be  extended  to  the 
other  patentees,  who  have  also  laid  out  considerable  sums  in 
seating  and  improving  their  several  tracts.  I  have  to  add  that 
whatever  H.M.  pleasure  may  be  in  this  matter,  I  beg  of  your 
Lordships  a  speedy  signification  thereof,  that  the  officers  of 
the  Revenue  may  no  longer  remain  in  suspence,  and  that  the 
people  may  know  what  they  have  to  expect.  I  shal  not  trouble 
your  Lordships  with  any  other  affairs  relating  to  this  Govern- 
ment, until  I  have  an  opportunity  to  send  the  Journals  of  the 
Council,  this  being  intended  for  an  outport  ship,  and  I  presume 
but  an  uncertain  conveyance.  Signed,  William  Gooch. 
Endorsed,  Reed.  2nd  April,  Read  16th  May,  1729.  Holograph. 
2|  pp.  [C.O.  5,  1321.  ff.  106-107i;.] 

447.  Order  of  King  in  Council.     Approving  representation 
of    Board    of    Trade,    and    ordering    that    a    draught     of    a 
publick  seal  for  Nova  Scotia  be  prepared  etc.     Signed,  Temple 
Stanyan.     Endorsed,  Reed.  14th,  Read  26th  Nov.,  1728.     f  p. 
[C.O.  217,  5.    ff.  95,  96u.] 

448.  Order   of   King   in    Council.     Approving   draught   of 
additional  Instruction  for  Governor  Hunter,   concerning  Col. 
Lilly's    salary.     Signed,    Temple    Stanyan.     Endorsed,    Reed., 
Read  13th  Nov.,  1728.     f  p.     [C.O.  137,  17.    ff.  80,  Slv.] 

449.  Council  of  Trade  and  Plantations  to  the  King.     In 
obedience  to  Order  of  1st  Nov.,  present  names  of  persons  in  the 
several  Colonies  proper  to  be  inserted  in  the  new  Commission 
for  trying  pirates  in  the  Plantations.     Printed,  N.  J.  Archives, 
1st  ser.  V,  196.     [C.O.  324,  11.     pp.  111-133.] 

450.  Same  to  the  Duke  of  Newcastle.     Enclose  extract  of 
Governor    Worsley's    letter,    20th    July,    with    Capt.    Morris' 
deposition,  relating  to  the  capture  of  a  merchant  ship  by  a 
Spanish  privateer  since  the  cessation  of  arms,  in  order  to  their 
being  laid  before  H.M.     Enclose  list  of  losses  suffered  by  H.M. 


230 


COLONIAL   PAPERS. 


1728. 

subjects  from  the  Spaniards,  "  which  have  come  to  our  hands 
since  our  Representation  of  June  20th.  Autograph  signatures. 
1  p.  Enclosed, 

450.  i.  Extract  from  Governor  Worsley's  letter,  20th  July. 

450.  ii,  iii.    Depositions  as  to  seizure  of  the  Dolphin.     Copies 

of  20th  July  enc,  i,  ii.      [C.O.  28,  39.     Nos.    47,  47  i, 

ii  ;      and     389,     28.     pp.     363-365 ;       and     (without 

enclosures)  29,  15.     p.  104.] 

Nov.  6.          451.     Order  of  Lords  Justices  in  Council.     Repealing  Act 

st.  James's.    of  New   York  for  preventing  prosecutions   by   informations,  in 

accordance  with  representation   of  Board  of  Trade.     Signed, 

Temple    Stanyan.     Endorsed,    Reed.,    Read   13th   Nov,     1728. 

1|  pp.     [C.O.  5,  1054.    ff.  290,  290z;.,  291t;.] 


Nov.  7. 

Jam. 


Nov.  8. 

Barbadoes. 


452.  Governor  Hunter  to  Mr.  Stanyan.     Abstract.  "  I  have 
not  had  the  pleasure  of  any  of  your  commands  tho'  I  have  begg'd 
hard  for  them  "  etc.     The  Assembly,  further  prorogu'd  to  22nd 
Jan.,  will,    he   has  reason  to  believe,   "  meet  in  better  temper, 
having  had  time  to  chew  upon  that  sugar  bill  wh.  inflam'd  them." 
Wishes  the  Lords  of  Trade  would  send  their  opinion  on  that 
bill,  for  the  blame  for  not  passing  it  lies  on  him,   "  tho'  I  offer'd 
in  Council  the  amendt.  of  inserting  ye  clause  suspending  the 
executn.  of  it  till  H.M.  pleasure  were  known,  but  that  small 
part  of  ye  Council  (being  in  number  five  only)  would  not  accept 
of  that  and  pass'd  the  bill  in  haste,  tho'  desir'd  by  one  of  that 
number  to  putt  off  the  matter  till  Tuesday  when  there  would 
be  a  fuller  Council.     Our  new  settlement  goes  on  at  Port  Antonio 
with  successe,  a  great  many  family's  are  already  there,  and  if 
the  explanatory  act  wch.  I  sent  home  were  once  approv'd,  I 
really  believe  it  will  be  in  a  few  years  the  best  in  this  Island. 
I  beg  of  you  to  know  what  to  do  in  Mr.  Coleman's  affair"  etc. 

P.S.  The  Spanish  privateers  continue  to  infest  and  rob 
us,  and  are  like  to  do  so  let  it  be  peace  or  war.  Signed,  Ro. 
Hunter.  Endorsed,  Rd.  Jan.  14th.  Holograph,  2  pp.  [C.O. 
137,  53.  ff.  90,  900.,  91t;.] 

453.  Governor    Worsley    to    the    Duke    of    Newcastle.     I 
design  to  lay  before  the  Assembly,  prorogued  to  the  12th  [sic] 
instant  (t;.  Oct.  12  and  28)  H.M.  21st  and  22nd  Instructions, 
relating  to  the  adjournment  and  the  Speaker  of  Assembly  etc. 
Encloses  Act  to  reduce  the  rate  of  interest.     Continues  : — It  passed 
the  Assembly  nemine  contradicente  as  it  did  also  the  Council  ; 
as  it  was  so  popular  a  bill,  and  as  they  are  best  judges  of  their 
own  circumstances,  I  gave  my  consent  to  it.     But  I  can't  help 
making   one   observation,    that   considering   there   can   be   no 
greater  reason  for  the  reducing  of  interest,  than  the  plenty  of 
money,  I  am  surprised  to  find  them  assert  in  their  answer  to 


AMERICA   AND   WEST   INDIES.  237 

1728. 

the  Counsellors'  reasons  for  the  amendments  to  the  Excise 
bill,  that  the  publick  annual  levy  did  once  in  every  year  amass 
all  the  publick  cash  together  into  my  coffers,  and  upon 
this  head,  I  beg  leave  further  to  observe  to  your  Grace  that 
upon  my  arrival  here,  the  Island  was  in  debt  £30,935  8s.  10|d., 
as  appears  by  an  estimate  of  the  publick  debts  delivered  to  me 
at  my  first  arrival  by  the  Committee  of  publick  accounts  etc., 
and  yet  this  great  debt  has  been  almost  paid  off,  besides  the 
payment  of  the  annual  expence  of  the  Island,  and  if  Excise  bill 
for  this  year  had  been  continued  in  the  usual  way,  this  Island 
would  have  had,  by  this  time  twelve  months  by  computation, 
all  their  debts  paid,  and  £2000  in  cash.  Encloses  Act  for  the 
encouragement  of  William  Ramsden,  Esq.  in  his  new  improvement 
of  cattle  mills  for  grinding  sugar  canes.  Continues  : — As  I  am 
obliged  to  issue  out  a  new  Commission  of  the  Peace,  that  the 
Assembly  may  not  say  that  I  exasperate,  maletrate,  insult 
and  abuse  them,  as  they  set  forth  in  their  petition  etc.,  I  design 
not  to  leave  out  of  the  said  Commission  any  of  the  Gentlemen  of 
the  Assembly  who  are  now  in  Commission,  notwithstanding  their 
late  conduct  towards  me,  as  well  as  to  the  Council,  in  that  they 
have  refer'd  the  dispute  betwixt  the  Council  and  them  to  H.M. 
for  his  determination,  when  I  beg  your  Grace  I  may  have  the 
honor  of  H.M.  commands,  whether  such  Gentlemen  may  be 
employed  in  the  Government.  In  relation  to  the  extraordinary 
summs  the  Assembly  in  their  answer  to  the  Counsellrs.  reasons 
against  the  Excise  bill  pretend  to  say  I  have  allowed  the  Store- 
keepers for  flags,  I  have  enclosed  to  your  Grace  a  copy  of  the 
former  Storekeepers  disbursements  before  my  arrival  here, 
by  which  your  Grace  will  see  that  flaggs  have  been  charged  at 
the  same,  or  greater  prices,  before  my  arrival,  etc.  As  I  had 
granted  orders  for  the  inclosed  disbursements  of  Collo.  Leslies, 
I  have  had  them  reexamined  in  a  full  Council,  article  by  article, 
for  which  he  produced  vouchers,  and  after  the  examination  of 
them,  I  told  the  Council,  that  if  they  thought  it  just  to  cut  off 
any  part  of  the  said  disbursements,  I  would  give  my  consent 
to  it,  and  I  asked  every  member  of  the  Council,  one  by  one, 
their  opinions,  and  they  all  agreed  unanimously  to  the  accounts  ; 
etc.  Repeats  part  of  13th  Sept.  Encloses  "  the  two  last  days 
Minutes  of  the  Assembly  of  the  10th  and  14th  of  September 
last,  by  which  your  Grace  will  see,  that  they  continued  to  ad- 
journ themselves  without  my  leave  for  upwards  of  three  weeks, 
tho'  at  the  same  time,  had  I  adjourned  or  prorogued  them  so 
long,  probably  they  might  have  made  it  a  handle  of  complaint 
against  me."  Signed,  Henry  Worsley.  Endorsed,  Rd.  Jan. 
19th.  7  pp.  Enclosed, 

453.  i — iv.    Account    of    disbursements    for    the    Magazine, 

1721-1723,    1726,    1727.     Copies.     4    pp.     [C.O.    28, 

44.     Nos.  129,  129  i— iv.] 


238 


COLONIAL   PAPERS. 


1728. 

Nov.  8. 

Barbado's. 


Nov.  9. 

Jamaica. 


Nov.  9. 

Jamaica. 


454.  Governor  Worsley  to  the  Council  of  Trade  and  Plan- 
tations. Duplicate  of  preceding  covering  letter,  mutatis 
mutandis.  Signed,  Henry  Worsley.  Endorsed,  Reed.  16th 
Jan.,  Read  20th  May,  1729.  6  pp.  Enclosed, 

454.  i.  Journal  of  Assembly  of  Barbados,  10th  and  14th 
Sept.,  1728.  Copy.  Signed,  Robt.  Warren,  Cl.  2  pp. 

454.  ii-v.  Duplicates   of  Nos.    453   i-iv.       Endorsed,   Reed. 

16th   Jan.,    1720.     6  pp.     [C.O.,    28,    20.     ff.    107- 
109u.,  110t>.— 114,  115,  116,  117,  1220.] 

455.  Governor  Hunter  to  the  Council  of  Trade  and  Plan- 
tations.    Little   of  moment   has   occurred   since   his   letter  of 
Aug.   24th.     Continues  : — Our  Assembly,  etc.  (v.   Aug.   5th)  is 
by   the   unanimous   advice   and   opinion   of  the   Council    here 
further  prorogued   to   the   22nd   of  January  next,   when   the 
Members  may,  with  less  detriment  to  their  own  private  interests, 
attend  the  publick  service  and  perhaps  by  that  time  may  have 
cooler  thoughts  as  to  their  Sugar  Bill,  which  they  had  so  much 
at  heart  and  set  them  all  on  fire.     I  the  more  readily  consented 
to  this  prorogation  because  the  additional  duty  and  deficiency 
bills,  which  latter  provided  for  the  soldiers,  do  not  expire  till 
28th  of  March  and  by  this  prorogation  the  Assemblies  will  be 
brought  again  to  the  usual  time  of  year  of  meeting.     Again 
urges  the  confirmation  of  the  Act  for  settling  Port  Antonio 
(v.  5th  Aug.).     Continues : — For  as  that  settlement   will    very 
much  add  to  the  strength  and  security  of  that  part  of  the  Island 
not  only  against  a  foreign  enemy  but  also  against  the  rebellious 
negroes,   so  it  would  be  a  great  discouragement  to  the  new 
settlers  there,  who  are  now  going  on  vigorously  upon  the  faith 
of  that  Act,  to  have  the  same  rejected.      No  encouragement 
that  I  have  been  able  to  give  them  has  been  wanting.     I  have 
already  sent  thither  six  pieces  of  ordnance  with  all  necessary 
stores  and  when  our  Engineer  Colo.  Lilly  arrives  (whom  I  daily 
expect)  I  propose  to  visit  that  part  of  the  Island.     The  countrey 
in  general  as  to  the  planting  interest  is  in  a  flourishing  condition, 
the  seasons  lately  having  been  better  than  for  many  years  past. 
Our  trade  lyes  still  under  the  hardpps.  of  being  daily  molested 
by  the  Spanish  privateers.     I  hope  some  remedy  or  expedient 
may  be  found  out  to  prevent  so  great  a  grievance.     The  Spanish 
men  of  warr  which  were  sent  to  bring  home  their  money  saild 
from  Cartagena  to  the  Havana  very  richly  laden  about  the  latter 
end  of  Sept.,  etc.     They  were  to  make  but  a  short  stay  at  the 
Havana,  so  probably  they  may  get  home  by  the  time  this  comes 
to  your  Lordpps.  hands,  etc.     Signed,  Ro.  Hunter.     Endorsed, 
Reed.  13th  Jan.,  Read  25th  Feb.,  172&.     3  pp.     [C.O.  137,  17. 
ff.  133-134*;.] 

456.  Same  to  the  Duke  of  Newcastle.  Repeats  preceding. 
Signed,  Ro.  Hunter.  Endorsed,  Reed.  15th.  2|  pp.  [C.O, 
137,  53.  ff.  92-93v.] 


AMERICA   AND   WEST   INDIES. 


239 


1728. 
Nov.  11. 

Bermuda, 


457.     Lt.  Governor  Pitt  to  the  Council  of  Trade  and  Plan- 
tations.    I  arrived  2nd  Sept.,  etc.     I  found  the  country  much 


'  damnified  by  violent  storme  and  hurricane  which  happened 
in  the  foregoing  months,  very  much  dammageing  the  buildings 
as  well  publick  as  private,  and  allso  destroying  the  provitions 
of  potatoes  and  Indian  corn,  the  cheif  support  of  this  country, 
and  many  vessells  have  been  cast  away,  others  returning  by 
stress  of  weather  without  arriving  at  their  intended  ports, 
much  ruined  and  disabled  which  has  occationed  Indian  corne  to 
rise  to  seven  shillings  pr.  bushell  and  wheat,  flower  and  bread 
proportionable  etc.  Persuant  to  H.M.  Instructions  I  was 
obliged  to  inspect  into  the  administration  of  Justice,  which  I 
found  much  retarded  by  a  multiplicity  of  delays  ;  as  in  the 
first  place  Members  of  the  Councill  being  made  Judges  of  Assize 
and  Common  Pleas,  whereby  the  number  of  the  Councill  where 
lessoned,  that  very  often  they  could  not  sitt  to  hear  causes  ; 
appeals  being  brought  from  them  to  that  Court,  and  other  reasons 
that  might  be  assigned  if  not  to  long  at  present  to  be  incerted. 
Secondly,  that  five  of  the  nine  parishes  for  want  of  a  sufficient 
provision  of  Justices,  where  supplyed  by  the  Counsellor  of  the 
same  Tribe  or  parish,  so  that  writts  of  error  and  other  appeals 
that  might  be  returned  up  from  the  Quarterly  Sessions  of  the 
Peace  or  in  their  capacity  of  holding  inferiour  Courts  for  the 
tryall  of  small  debts,  and  damages  of  405.  and  under,  wou'd 
in  the  same  manner,  as  with  regard  to  the  Judges  of  Common 
Pleas,  for  want  of  numbers  wholly  incapacitate  the  Court  of 
Chancery  of  a  Quorum,  so  as  to  try  causes  brought  before  them, 
some  causes  as  I  have  been  informed  haveing  for  seven  years 
and  upwards  been  detained  there,  without  any  finall  decision. 
In  persuance  therefore  of  my  Instructions  I  have  constituted 
and  appointed  William  Outerbridge  Esq.  to  be  Chief  Justice 
of  the  Common  Pleas,  sometime  since  a  Counciller  but  at  present 
under  the  suspention  of  Collo.  John  Hope,  yet  a  person  of  sin- 
gular distinction  and  beloved  in  his  country  as  Collo.  Bennett 
will  testify  etc.,  he  being  always  ready  to  serve  his  neighbours 
by  reconcileing  differences,  that  too  frequently  do  arise,  and 
the  other  two  Judges  his  Assistants,  as  well  as  himselfe,  are 
Gentlemen  of  good  estates  and  well  recommended  to  me  for  their 
abilitys,  good  life  and  conversation.  I  have  likewise  taken  care 
to  supply  the  want  of  Justices  in  the  severall  parishes  with  such 
Gentlemen  as  are  the  most  capable  for  that  office  and  are  either 
by  the  nomination  or  aprobation  of  H.M.  Councill  here  ;  and 
none  of  them  save  only  one  by  Commission  have  I  removed, 
etc.  I  have  by  my  precepts  directed,  as  usual  to  the  Justices, 
ordered  the  election  of  Assembly  18th  Nov.  etc.  Signed, 
John  Pitt.  Endorsed,  Reed.  29th  May,  Read  3rd  June,  1729. 
llpp.  [C.O.  37,  12.  ff.  32,  33,  33i>. ;  and  (abstract)  37,  24. 
p.  29.] 


240  COLONIAL   PAPERS. 


1728. 

Nov.  13.         458.     Mr.  Popple  to  Mr.  Fane.      Encloses,  for  his  opinion 
Whitehall.     in  point  of  law,  12  Acts  of  New  Jersey,  1728,  enumerated.     [C.O. 
5,  996.     pp.  250-253.] 

Nov.  13.  459.  Benjamin  Whitaker  to  the  Council  of  Trade  and 
Plantations.  As  Attorney  General  of  South  Carolina,  submits 
enclosed  Articles,  "  of  which  I  can  produce  the  most  full  and 
authentic  proofs,  if  enabled  by  an  order  to  examine  persons  and 
send  for  papers.  I  need  not  represent  to  your  Lordships  the 
dreadfull  events  that  H.M.  subjects  in  Carolina  have  to  fear 
from  a  state  of  anarchy  and  confusion  to  which  they  are  now 
very  near  reduc'd  and  how  unable  they  are  to  defend  themselves 
against  the  enemies  that  surround  them,  whilst  they  are  under 
a  Government  so  languishing  unsteady  and  supine "  etc. 
Signed,  Benja.  Whitaker.  Endorsed,  Reed.,  Read  19th  Nov., 
1728.  1  p.  Enclosed. 

459.  i.  Articles  relating  to  the  conduct  of  Arthur  Middleton, 
President  of  South  Carolina,  (i)  He  has  neglected  to 
take  the  oaths  for  observing  the  Acts  of  Trade  etc., 
whereby  H.M.  Revenue  hath  greatly  suffered,  (ii)  A 
few  months  after  entering  on  the  administration  of 
the  Government,  he  sold  several  offices  relating  to  the 
administration  of  Justice  and  used  many  indirect 
artifices  to  extort  money  from  the  purchasers, 
(iii)  Contrary  to  the  express  orders  of  his  late  Majesty, 
he  issued  £30,000  in  paper  bills  of  credit  (which  by 
law  ought  to  have  been  sunk)  whereby  the  vallue  of 
the  said  bills  are  greatly  lessened,  and  the  trading  people 
of  Great  Britain  much  injured,  (iv)  To  the  great 
grief  and  disappointment  of  all  H.M.  good  subjects 
in  S.  Carolina,  he  delayed  proclaiming  H.M.  happy 
accession  14  days  after  he  had  received  orders  for 
that  purpose,  (v)  When  H.M.  Council  in  June,  1727, 
had  directed  warrants  to  the  Provost  Marshall  to 
apprehend  several  riotous  persons  (who  had  come 
arm'd  to  Charles  Town,  the  seat  of  Government) 
and  had  intruded  with  pistolls  into  the  Council! 
Chamber  and  delivered  a  seditious  representation, 
Mr.  Middleton  privately  and  without  the  advice  or 
consent  of  H.M.  Councell  ordered  the  Provost  Marshal 
to  stop  the  execution  of  the  said  warrants,  (vi)  When 
the  Honble.  Alexander  Skeen  Esq.  one  of  the  Members 
of  Council  had  committed  to  prison  one  Thomas  Smith 
for  assembling  together  severall  arm'd  person  in  a 
riotous  tumultuous  and  unlawfull  manner  and  con- 
federating with  his  father  Landgrave  Thomas  Smith 
by  force  of  arms  to  wrest  the  Government  out  of  the 
hands  of  Mr.  Middleton,  he  ordered  Smith  to  be  dis- 
charged without  hearing,  in  pursuance  of  a  promise 


AMERICA   AND   WEST   INDIES. 


241 


1728. 


he  made  to  an  Assembly  of  about  200  rioters  with 
whom  he  so  fair  prostituted  the  dignity  of  Govern- 
ment and  H.M.  authority  as  to  treat  capitulate  and 
make  terms,  notwithstanding  there  was  two  of  H.M. 
ships  of  war,  H.M.  Independant  Company  of  Foot, 
all  H.M.  Officers  in  the  Government  and  many  other 
good  subjects  who  offered  and  were  ready  to  assist 
him  on  the  insurrection  of  the  rioters,  (vii)  When 
proof  was  made  before  him  in  Councill  that  a  number 
of  armed  men  were  assembled  together  with  their 
faces  black'd  and  disguised  in  order  to  kill  the  Provost 
Marshall  who  had  warrants  against  them  for  levying 
the  publick  taxes  raised  for  the  support  of  H.M. 
Government,  he  ordered  the  Treasurer  to  withdraw 
the  warrants  against  the  said  persons  and  not  to  suffer 
them  to  be  executed,  (viii)  He  hath  committed 
diverse  other  acts  highly  injurious  to  H.M.  prerogative 
and  tending  to  the  lessening  the  authority  of  his 
government  etc.  l£  pp.  [C.O.  5,  360.  ff.  76,  77v.- 
78v.,  79v.] 


Nov.  13. 

Whitehall. 


460.  Mr.  Popple  to  Mr.  Fane.  Encloses,  for  his  opinion  in 
point  of  law,  2  Acts  of  Antigua,  1728,  (i)  for  laying  a  duty  of 
powder  and  money  on  all  vessels  trading  to  and  from  this  Island,  for 
the  defence  of  this  Island  etc.  and  (ii)  for  raising  a  tax  for 
paying  publick  debts  and  charges,  and  particularly  applying 
the  said  tax.  [C.O.  153,  14.  p.  405.] 


Nov.  13. 

Whitehall. 


461 .  Same  to  the  Mayors  of  Bristol,  Dartmouth,  Barnstable, 
Biddeford,  Poole,  Exeter,  Plymouth,  Weymouth,  Liverpool. 
The  Council  of  Trade  and  Plantations  having  under  their 
consideration  several  papers  relating  to  the  trade  and  fishery  of 
Newfoundland,  desire  you  will  consult  the  several  merchants 
and  others  of  -  — ,  therein  concern'd,  and  let  me  have  your 

thoughts  whether  anything,  and  what  may  be  done  for  the 
further  encouragement  thereof.     [C.O.  195,  7.    pp.  155,  156.] 


Nov.  14. 

Whitehall. 


462.  Council  of  Trade  and  Plantations  to  the  King.  Mr. 
Pusey,  one  of  your  Majesty's  Council  of  Jamaica,  having  been 
several  years  absent  and  at  present  in  jayl,  whereby  he  is  ren- 
dered unfit  to  serve  your  Majty.  in  that  station,  recommend 
Alex.  Forbes  Esq.  to  serve  in  his  room  etc.  [C.O.  138,  17. 
p.  256]. 


Nov.  14. 

Whitehall. 


463.  Same  to  Same.  Propose  James  de  Lancey  for  Council 
of  New  York  in  place  of  Mr.  Barbaric,  deed.  [C.O.  5,  1125. 
p.  121]. 


C.P.XXXVI— 16 


242 


COLONIAL   PAPERS. 


1728. 
Nov.  14. 

Whitehall. 


Nov.  14. 


464.  Same   to   Same.     Recommend  that   Flag  Officers  and 
Commanders  in   Chief  in   the   Plantations   be   inserted   in  the 
Commissions  for  trying  pirates  (Nov.   6),   as  requested  by  the 
Admiralty.     [C.O.  324,  11.     pp.  133,  134.] 

465.  Petition  of  James  Smith  to  the  Council  of  Trade  and 
Plantations.     Three  Acts  of  New  Jersey,  for  shortening  lawsuits, 
regulating  the  practice  of  the  law  and  recording  deeds  were  dis- 
allowed in  1721  as  laying  petitioners'  office  under  some  hardships. 
But  in  1727  Governour  Burnet,  for  £600  given  to  him  by  the 
Assembly,  under  the  name  of  incidental  charges,  did  re-enact 
the  aforesaid  laws,  and  caused  a  new  ordinance  to  be  made  in 
which  the  fees  only  of  the  Secretary  are  reduced  to  very  near 
to    what    they  were    when    first    complained   of.    Upon    some 
objections  made  in    Council  about  re-enacting  these  laws,    on 
account  of  the  37th  Instruction,  the  Assembly  voted  to  the 
Secretary  £25  a  year  in  consideration  of  the  loss  his   Office 
would  sustain  thereby,  which  he  is  sure  will  be  more  than  £60. 
After  opposing  it  in  Council  as  much  as  he  could,  Memorialist 
was  obliged  to  accept  this  or  get  nothing.     Prays  for  redress. 
Signed,  James  Smith.     Endorsed,  Reed,  (from  Mr.  Docminique), 
Read  14th  Nov.,  1728.     1  p.     [C.O.  5,  972.    ff.  170,  1700.] 


Nov.  19.  466.  Order  of  Committee  of  Privy  Council.  The  Lords 
Whitehall,  of  the  Committee  having  before  them  some  reports  from  the 
Lords  Commissioners  for  Trade  etc.  upon  the  woods  in  America 
and  naval  stores  etc.,  thought  it  proper,  before  they  entred 
into  the  consideration  thereof  to  be  informed,  whether  any 
projects  for  promoting  the  silk,  linnen  or  woollen  manufactures 
in  any  of  H.M.  Plantations,  have  been  at  any  time  carried  on, 
or  are  now  carrying  on,  and  to  what  degree  of  perfection  the 
same  may  have  been  brought ;  and  to  that  end  their  Lordships 
are  hereby  pleased  to  order,  that  the  Lords  Commissioners  for 
Trade  etc.  do  lay  before  this  Committee  as  soon  as  conveniently 
may  be  the  best  informations  they  can  procure  in  relation 
thereto.  Signed,  Temple  Stanyan.  Endorsed,  Reed.  21st, 
Read  26th  Nov.,  1728.  1  p.  [C.O.  323,  8.  No.  98.] 

Nov.  20.         467.     Mr.   Popple  to  Mr.   Whitaker,   Attorney  General,   S. 

Whitehall.  Carolina.  My  Lords  Commissioners  having  received  a  letter 
from  you,  with  some  articles  in  relation  to  the  conduct  of  Mr. 
Middleton  etc.,  are  very  much  surprised  at  your  having  sent  a 
paper  of  that  consequence,  without  giving  the  Board  an  oppor- 
tunity of  discoursing  with  you  thereupon,  before  you  left 
London.  Your  letter  was  dated  the  13th  instant,  but  not 
received  till  yesterday,  when  I  was  informed  that  you  went 
out  of  Town,  the  very  day  you  wrote  your  letter,  for  Bristol, 
to  imbark  for  Carolina.  [C.O.  5,  400.  p.  241.] 


AMERICA   AND   WEST   INDIES. 


243 


1728. 
Nov.  20. 

Whitehall. 


Nov.  20. 

Whitehall. 


468.  Council  of  Trade  and  Plantations  to  Governor 
Montgomerie.  Acknowledge  letters  of  30th  May  and  13th  Aug. 
and  acquaint  him  with  their  proceedings.  Continue  : — We  have 
considered  Mr.  Burnet's  reasons  for  having  given  his  assent 
to  the  Act  (of  New  Jersey)  for  appropriating  a  part  of  the  interest 
etc.  to  the  incidental  charges  of  the  Government  etc.,  but  we  can 
by  no  means  agree  with  him  that  the  interest  arising  from  thence, 
having  been  detain'd  in  order  to  answer  any  deficiency  which 
might  have  happen 'd,  has  given  no  credit  to  these  bills  supposing 
even  that  this  was  a  fact.  We  can't  imagine  how  Mr.  Burnet 
can  justify  his  having  given  his  assent  to  any  Act  for  applying 
the  said  interest  mony  without  a  clause  for  preventing  the 
said  Acts  taking  place  till  H.M.  pleasure  could  be  known 
thereupon  or  at  least  without  having  consulted  us  after  having 
received  a  letter  wherein  we  so  sufficiently  explained  our 
thoughts  upon  this  subject.  We  find  by  the  last  clause  of  this 
Act,  that  the  interest  mony,  as  the  same  shall  rise,  is  made 
applicable  to  such  uses,  as  the  Governor,  Council  and  Assembly 
shall  direct,  so  that  should  this  Act  remain  unrepealed,  till  the 
Act  for  creating  paper  mony  expires,  and  any  deficiency  should 
happen,  a  tax  must  then  inevitably  be  laid  upon  that  county 
where  such  deficiency  shall  happen,  to  make  good  the  same, 
but  if  none  should  happen,  the  interest  arising  from  these 
bills  will  be  so  much  clear  gain  to  the  Province.  We 
therefore  desire,  you  will  move  the  Assembly  to  pass  an  Act 
for  repealing  this  last  clause,  and  if  they  don't  think  proper 
immediatly  to  comply  therewith,  we  will  lay  this  Act  before 
H.M.  for  his  disallowance.  We  are  the  more  determin'd  upon 
this  point,  because  the  gain  which  will  accrue  to  the  Province, 
cannot  arrise  till  the  paper  mony  Act  shall  expire,  and  therefore, 
the  interest  already  paid  in  by  the  borrowers,  having  been 
applied  to  different  uses  than  that  to  which  it  was  originally 
design'd,  has  prevented  the  sinking  the  same  value  of  paper 
bills,  as  that  interest  would  have  amounted  to.  Upon  this 
head  we  shall  expect  to  hear  from  you  as  soon  as  possible  etc. 


Set 
pp. 


out,   N.Y. 
120-125.] 


Col.   Docs.   V.     pp.   870,    871.     [C.O.   5,    1125. 


469.  Mr.  Popple  to  Governor  Hunter.  Acknowledges  letters 
of  the  4th,  16th  and  19th  May,  29th  June,  3rd  and  5th  Aug., 
etc.  Continues  : — As  the  Acts  enclosed  are  now  with  Mr.  Fane, 
my  Lords  Commrs.  have  deferred  writing  to  you  till  they 
shall  have  received  his  report  etc.  They  have  recommended 
Mr.  Forbes  to  be  of  the  Council  as  you  have  desired.  Upon  this 
occasion  I  must  observe  to  you  that  the  Board  have  ever  thought 
themselves  by  virtue  of  the  Commission  the  proper  persons  to 
judge  of  the  qualifications  of  those  who  are  recommended  to  be 
of  any  of  H.M.  Councils  in  America  ;  and  therefore  you  will 
do  well  for  the  future  to  make  your  application  to  them  :  It  is 


244 


COLONIAL   PAPERS. 


1728. 

true  that  persons  have  sometimes  been  propos'd  to  a  Secry. 
of  State  in  order  to  their  being  appointed  Councillors,  but 
the  Board's  opinion  has  ever  been  asked,  and  none  has  been 
named  but  upon  their  recommendation.  This  I  don't  tell 
you  by  order  of  the  Board  but  I  thought  it  might  be  of 
service  to  you  to  receive  this  private  information  etc.  In 
relation  to  the  bill  for  making  the  goods  of  the  produce  of  the 
country,  a  lawfull  tender  for  the  payment  of  debts  (v.  5th  Aug.), 
their  Lordships  think  you  did  very  well  to  refuse  your  consent 
thereto,  as  in  doing  otherways  you  would  have  acted  directly 
contrary  to  your  19th  Instruction  :  This  bill  being  of  a  very 
extraordinary  nature,  and  against  which  there  appear  many 
reasonable  objections.  I  have  mentioned  to  their  Lordships 
what  you  propose  in  your  letter  to  me,  3rd  Aug.,  as  a  means 
to  make  this  sugar  bill  tolerably  just  vizt.  "  That  the  debtor 
ship  the  sugars  at  his  own  cost  and  risque,  and  draw  upon  them 
at  a  certainty  pr.  cent.,  and  altho'  their  Lordships  should  be  of 
opinion  with  you  that  the  creditor  will  thereby  be  in  a  better 
state  than  by  the  bill,  yet  if  H.M.  should  be  inclined  to  allow 
of  this  bill  with  your  addition,  the  Assembly  will  not  in  this 
case  be  permitted  to  make  any  alteration  after  H.M.  shall  have 
approved  thereof  ;  And  as  it  does  not  appear  to  the  Board 
that  either  the  Council  or  Assembly  are  appriz'd  of  your  proposed 
addition,  it  may  possibly  happen  that  they  may  not  agree 
thereto  ;  My  Lords  Commrs.  are  therefore  of  opinion  that  if 
the  Assembly  should  again  revive  this  Bill,  that  you  should 
propose  to  them  this  amendment  but  in  all  cases  not  to  give 
your  assent  to  an  Act  of  this  nature,  without  inserting  a  clause 
for  suspending  it's  taking  effect,  until  H.M.  pleasure  shall  be 
known  thereon.  Informs  him  of  additional  Instruction  as  to 
Col.  Lilly's  salary.  [C.O.  138,  17.  pp.  256-259.] 

Nov.  23.         470.     Order  of  King  in  Council.     Warrants  are  to  be  prepared 

st.  James's.    for  renewing  commissions  to  Governors  to  try  pirates  etc.  (v. 

A.P.C.   III.     No.   158).     Signed,   Temple   Stanyan.     Endorsed, 

Reed.  3rd,  Read  15th  Jan.,  172f.     2  pp.     [C.O.  152,  16.    ff. 

373,  373i;., 


Nov.  23.         471  .     Order  of  King  in  Council.     Repealing  Act  of  Antigua 
st.  James's,   for  constituting  a  Court  to  hold  plea  of  foreign  attachments  accord- 
ing to  the  custom  of  the  City  of  London.     Signed  and  endorsed  as 
preceding.     If  pp.     [C.O.  152,  16.    ff.  375,  375i;.,  376*;.] 

Nov.  23.        472.     Order  of  King  in  Council.     Confirming  Act  of  Antigua 
st.'  James's,   for  the  better  securing  and  confirming  the  titles  of  George  Thomas 

to  certain  lands  and  negroes.     Signed  and  endorsed  as  preceding. 

2  pp.     [C.O.  152,  16.     ff.  377,  377v.,  378v.] 


AMERICA   AND   WEST   INDIES. 


245 


1728. 
Nov.  23. 

St.  James's. 


Nov.  23. 

N. 
Providence. 


Nov.  23. 


Nov.  23. 

N. 

Providence. 


Nov.  23. 

Bristol. 


473.  Order    of   King    in    Council.     Appointing    James    de 
Lancey  to  the  Council  of  New  York,  as  recommended  14th  Nov. 
Signed,    Temple    Stanyan.     Endorsed,    Reed.    3rd,    Read   15th 
Jan.,  1728.     1  p.     [C.O.  5,  1054.    ff.  303,  304u.  ;    and  (signed, 
Ja.  Vernon)  5,  1086.     No.  3.] 

474.  Governor    Phenney    to    the    Council    of    Trade    and 
Plantations.     Encloses  Minute  of  Council  and  Custom  house 
papers  mentioned  4th  Nov.     Signed,  G.  Phenney.     Endorsed, 
Reed.  12th  Feb.,    Read   1st    May,    1729.      1  p.     [C.O.    23,   2 

ff.  188,  189!;.] 

475.  Memorandum  of  Order  of  King  in  Council  relating 
to  the  renewal  of  Commissions  for  trying  pirates  in  America  and 
the  necessary  alterations  therein.     Endorsed,  Read  15th  Jan., 
1728-9.     I  p.     [C.O.  323,  8.     No.  103.] 

476.  Governor     Phenney     to     the     Duke     of    Newcastle. 
Encloses   following,    on   which   he   desires   directions.     Signed, 
G.  Phenney.     Endorsed,  Rd.  Feb.  12th.     1  p.     Enclosed, 

476.  i.  Minutes  of  Council  of  the  Bahama  Islands,  18th  Nov., 
1728.  The  petition  of  William  Fairfax,  appointed 
Deputy  Receiver  of  Admiralty  dues  13th  April,  1728, 
was  read,  complaining  that  Peter  Goudet,  Agent  for 
the  Bahama  Society,  Lessees  of  the  Lords  Proprietors, 
refused  to  surrender  the  perquisites  of  Admiralty 
received  by  him  for  account  of  the  said  Lessees.  Mr. 
Goudet  replied,  maintaining  the  right  of  the  Lessees 
under  the  assignment  of  the  Charter  by  the  Lords 
Proprietors.  Mr.  Goudet  was  directed  to  give  security, 
whilst  the  matter  was  referred  home  etc.  Copy. 
Signed,  W.  Fairfax  Clk.  Council.  3f  pp. 

476.  ii.,  iii.  List  of  ships  entered  and  cleared  New  Providence, 

25th  June — 29th  Sept.,  1728,  4  inwards  and  8  outwards, 
with  cargoes  of  fruit,  turtle  and  flour  for  S.  Carolina 
(5),  Jamaica  (1),  N.  England  (1),  and  Antigua. 
(Madeira  and  mahogany)  (1).  Signed,  Jno.  Warner, 
N.O.  3  pp.  [C.O.  23,  14.  ff.  53,  54,v.-5Qv.,  57v., 
58,  59.] 

477.  Mr.  Whitaker  to  Mr.  Popple.     In  reply  to  letter  of 
20th  Nov.,  explains  that  he  was  unable  to  attend  the  Board 
when  in  London  owing  to  illness  and  was  hurriedly  recalled  to 
Carolina   by   the   news   that   the   hurricane   had   proved   very 
prejudicial  to  his  private  affairs,  etc.     Refers  to  charges  against 
Mr.  Middleton  (v.  13th  Nov.).     The  facts  are  notoriously  known 
in    the    Province    etc.     Signed,    Benja.    Whitaker.     Endorsed, 
Reed.    25th,    Read   26th   Nov.,    1728.     l£  PP-     [c-°-   5>   36°- 
ff.  80, 


246 


COLONIAL   PAPERS. 


1728. 

Nov.  23.  478.  Order  of  King  in  Council.  Disallowing  draught  of 
St.  James's.  a  j^u  prepared  by  the  Assembly  of  Barbados,  for  laying  a  duty 
on  wines  and  other  liquors  imported,  etc.  for  carrying  on  the  fortifi- 
cations and  payment  of  persons  employed  at  the  publick  charge  etc., 
upon  a  report  by  the  Committee  that  by  some  clauses  therein 
inserted,  the  Assembly  would  deprive  the  Governor  of  the 
power  given  him  by  H.M.,  to  sign  warrants,  for  the  issuing  of 
moneys,  without  their  approbation  first  particularly  obtained 
for  that  purpose,  contrary  to  the  constant  usage  of  that  island 
and  of  all  others  H.M.  Colonies,  and  derogatory  to  H.M.  royal 
prerogative  etc.  Signed,  Temple  Stanyan.  Endorsed,  Reed. 
3rd,  Read  15th  Jan.,  172ft.  2  pp.  [C.O.  28,  20.  ff.  76,  76i>., 
77v.  ;  and  5,  21.  ff.  1-2.] 

Nov.  26.         479.     Mr.  Whitaker  to  Mr.  Popple.     Reminds  him  that  he 
Kmg  road,     asked  for  an  order  to  examine  persons  and  send  for  papers  to 

prove  his  charges  etc.  (v.  13th  Nov.).     Signed,  Benja.  Whitaker. 

Endorsed,  Reed.  30th  Nov.,  Read  3rd  Dec.,  1728.     1  p.     [C.O. 

5,  360.     ff.  82,  83z>.] 


Nov.  26. 

Boston. 


480.  Mr.  Willard  to  Mr.  Popple.  Encloses  Minutes  of  the 
General  Assembly  in  May  with  Acts  then  passed,  Minutes  of 
Council  for  six  months  ending  August  last,  and  Treasurer's 
General  Account  to  May  last.  Signed,  Josiah  Willard. 
Endorsed,  Reed.,  Read  4th  Feb.,  172|.  f  p.  [C.O.  5,  870. 
ff.  184,  1850.] 

Nov.  26.  481 .  Mr.  Popple  to  Sir  Wm.  Keith.  The  Council  of  Trade 
Whitehall,  and  Plantations  desire  you  will  let  them  know  on  Friday 
morning,  whether  you  have  heard  of  any  projects  that  have 
ever  been  form'd  for  promoting  the  silk,  linnen  or  woollen 
manufactures  in  any  of  H.M.  Plantations  in  America  etc.  N.B. 
A  similar  letter  was  writ  to,  Mr.  Joshua  Gee,  Colo.  Spotswood, 
Colo.  Shute,  and  Colo.  Johnson.  [C.O.  324,  11.  pp.  134,  135.] 

Nov.  27.  482.  Sir  William  Keith  to  Mr.  Popple.  Reply  to  preceding. 
Continues  : — I  know  of  no  Company  or  Society  of  men,  that 
have  actually  engaged  in  any  project  for  carying  on  such  manu- 
factories etc.  But  I  have  heard  that  some  few  experiments 
have  been  made  both  for  raising  silk  and  working  hemp  up  into 
sail  cloth,  with  a  view,  as  I  suppose,  to  induce  people  to  enter 
into  some  projects  of  that  nature  ;  and  as  to  any  manufactures 
of  woolen,  their  Lordships  very  well  know,  that  it  is  already 
prohibited  by  act  of  Parliament,  from  being  either  water  born, 
or  transported  by  land  from  one  Colony  to  another,  so  that 
there  is  no  room  to  form  any  considerable  project  of  that  kind  ; 
nor  did  I  ever  hear  that  woolen  cloth  has  been  made  in  any  of 
the  Plantations  otherways,  than  that  every  farmer  is  by  industry 
led  to  employ  his  spare  time,  in  working  up  the  wool  of  the  few 


AMERICA   AND   WEST   INDIES. 


247 


1728. 


Nov.  27. 

Boston. 


Nov.  27. 

Boston. 


Nov.  27. 

Boston. 


sheep  he  is  obliged  to  keep  on  his  farm,  for  the  improvement 
of  his  land,  for  the  use  of  his  family  ;  and  in  like  maner  he  often 
raises  a  smal  quantity  of  flax,  which  is  broke  or  dress'd, 
commonly  in  the  winter  season,  and  spun  up  into  course  cloth 
by  the  old  women  and  children,  for  the  same  use.  Signed,  W. 
Keith.  Endorsed,  Reed.  27th,  Read  29th  Nov.,  1728. 
Holograph.  l£  pp.  [C.O.  323,  8.  No.  100.] 

483.  Jer.  Dunbar  to  David  Dunbar.     Announces  arrival  a 
fortnight  since.     Has  sent  Mr.  Armstrong  and  Mr.  Slade  into 
N.  Hampshire  and  Maine  to  discover  timber  cut  down  and 
mark  what  they  judge  proper  for  H.M.  service.     The  Governor 
promises  his  protection,  but  doubts  whether  the  people  will 
comply  with  the  construction  that  the  Attorney  and  Solicitor 
General  put  upon  the  Act  of  the  8th  of  his  late  Majesty.     "  How- 
ever, he  advises  me  to  try  it,  that  we  may  know  what  we  may 
depend  upon  for  the  future,  and  I  have  for  that  purpose  given 
Mr.  Armstrong  and  Mr.  Slade  orders  to  seize  any  trees  that  they 
find  cut  down  and  come  within  our  Instructions  "   etc.     I  have 
talked  with  Mr.  Armstrong  upon  his  letter  of  29th  Jan.,  last  to 
Mr.  Burniston  in  which  he  sayd  he  had  seized  2000  logs  etc. 
He  says  that  while  he  was  here  in  order  to  libell  them,  the 
people  of  the  country  toss'd  them  into  the  rivers  and  got  them 
down  to  the  mills,  this  may  seem  a  little  extraordinary,  but  I 
assure  you  he  bears  a  very  good  character  here,  and  is  much 
esteemed  by  the  best  gentlemen  in  this  town,  every  one  of  them 
that  I  have  discoursed  agree  that  the  information  made  against 
him  some  time  since  was  malitious  and  without  any  grounds, 
however  you  will  be  better  able  to  judge  when  you  come  etc. 
I  design  to  go  into  the  woods  with  him  this  winter  etc.     Signed, 
Jer.  Dunbar.     Endorsed,  Reed.  7th  Jan.     Copy.     2%  pp.     [C.O. 
5,  898.     No.  49.] 

484.  Governor  Burnet  to  the  Duke  of  Newcastle.     Encloses 
duplicate  of  Oct.  26th.     Continues  : — Since  which,  I  have  sat 
with  ye  Assembly  at  Salem,   but  they  have  insisted  on  the 
Governour's  having  no  power  to  adjourn  them  from  Boston, 
which  is  a  manifest  contempt  of  His  late  Majesty's  decision    in 
Council  in  favour  of  Governour  Shute  upon  this  very  point. 
Refers  to  enclosed  copy  of  letter  to  Board  of  Trade.     Signed,  W. 
Burnet.     Endorsed,  R.  27th  Jan.     1  p.     Enclosed, 

484.  i.  Duplicate  of  following.     [C.O.  5,  898.     Nos.  48,  48  i.] 

485.  Governor    Burnet    to    the    Council    of    Trade    and 
Plantations.     Encloses  Journal  of  Representatives  and  repeats 
preceding.     Continues  : — They  have  since  prepared  and  agreed 
to   an    Address  to  H.M.,  which  is  to  be  transmitted  now,  but 
the  contrivers  of  it  have  only  read  it  to  the  House  and  obtain'd 
their  approbation,  without  leaving  any  copy  of  it  or  letting  the 


248 


COLONIAL   PAPERS. 


1728. 


Nov.  28. 

Admty 
Office. 


Nov.  28. 

BarnHtablc. 


Clerk  take  one,  and  they  are  to  get  it  fairly  engrossed  to  be  signed 
by  the  Speaker,  and  so  sent  home  to  Mr.  Wilkes  merchant  in 
London  to  be  presented  without  leaving  any  copy  of  it  on  their 
Journal  ;  I  am  told  it  contains  the  substance  of  what  they 
have  said  to  me  in  their  several  answers  and  very  strange 
invectives  against  Governours  in  general ;  and  very  absurd 
brags  of  their  expences  in  receiveing  me  and  adorning  ye  house 
I  live  in,  as  if  these  were  reasons  against  fixing  a  salary.  The 
performance  will  I  am  satisfied  be  a  sufficient  refutation  of 
itself,  and  therefore  I  may  safely  rely  on  it  as  such,  without 
troubling  your  Lordships  further  etc.  Signed,  W.  Burnet. 
Endorsed,  Reed.  27th  Jan.,  Read  4th  Feb.,  172g.  2^  pp. 

485.  i.  Votes  of  House  of  Representatives  of  the  Massachu- 
setts Bay,  Oct.,  Nov.,  1728.  Same  endorsement. 
Printed.  3  pp. 

485.  ii.  Treasurer  General's  accounts  of  the  Province  of  the 

Massachusetts  Bay,  1728.  Signed,  Jer.  Allen.  Passed 
by  Committee  of  House  of  Representatives  and  by 
Lt.  Governor  and  Council.  Same  endorsement.  25  pp. 
[C.O.  5,  870.  ff.  164-181,  183v.] 

486.  Mr.    Burchett    to    Alured    Popple.     Upon  Order    in 
Council   directing  the   Commissions  for  trying  pirates  in  the 
Plantations  to  be  renewed  and  passed  under  the  seal  of  the 
High  Court  of  Admiralty,  requests  the  names  of  persons  there 
whom  the  Council  of  Trade  and  Plantations  propose  to  have 
inserted  therein.     Signed,  J.  Burchett.     Endorsed,  Reed.,  Read 
28th  Nov.,  1728.     f  p.     [C.O.  323,  8.     No.  99.] 

487.  Mayor  and  principal  inhabitants  of  Barnstaple  to  the 
Council  of  Trade  and  Plantations.     Hearing  that  the  affair  of 
the    Newfoundland    Fishery    is    now    under    your    Lordships' 
consideration,  repeat  complaints  against  Lt.  Govr.  Gledhill  and 
refer  to  their  petition  to  the  King.    v.  C.S.P.  Feb.  25th,  1727. 
Continue  : — By  the  methods  there  indicated,  and  by  destroying 
houses  at  Placentia  or  forcing  persons  to  leave  them  and  placing 
some  of  his  own  garrison  in  their  room,  we  who  formerly  vended 
a  considerable  quantity  of  woollen  goods  etc.  are  now  obliged  to 
sell  them  to  the  Governor  at  what  time  and  rate  he  pleases  etc. 
Contrary  to  the  Act  of  Wm.  III.  which  prohibits  any  aliens  or 
strangers,  not  residing  within  Great  Britain,  from  fishing  or 
trading  to  any  part  of  Newfoundland,  the  Irish  not  only  send 
ships  thither,  but  also  boatkeepers  who  go  from  Ireland  and 
settle  there,  so  that  considering  the  cheapness  of  their  provisions, 
and  the  small  wages  they  give  the  sailers,  must  soon  if  not 
prevented  intirely  ruin  our  trade,  our  sailors  having  already 
advanc'd  their  wages  to  almost  double  what  was  paid  them 
but  very  few  years  since.     The  Governour,  Mr.  Salmon,  and 
some  other  persons  have  within  these  three  or  four  years  last 


AMERICA  AND  WEST   INDIES. 


1728. 


Nov.  28. 

Whitehall. 


Nov.  29. 

Whitehall. 


[Nov.  29.] 


past,  built  several  ships,  one  this  summer  upwards  of  an 
hundred  tunn,  which  if  continued  for  the  space  of  some  years, 
will  deprive  us  of  proper  trees  to  build  our  boates,  and  erect 
our  stages  and  other  conveniencies  with,  or  will  oblige  us  to  send 
so  far  into  the  country,  as  that  by  the  loss  of  our  men's  time 
our  voyages  will  be  intirely  ruined.  Considering  how  beneficial 
the  trade  of  Newfoundland  is  as  a  nursery  for  seamen,  employing 
great  numbers  of  poor  people,  and  importing  products  of  this 
country  etc.,  pray  that  these  greivances  may  be  redressed  etc. 
Signed,  Richard  Newell,  Mayor,  and  9  others.  Endorsed,  Read 
19th  Dec.,  1728.  1 1  large  pp.  Enclosed, 

487.  i.  Copy  of  petition,  C.S.P.  Feb.  25,  1727.     encl.  i. 

487.  ii.  Copy  of  certificate,  C.S.P.  Feb.  25,  1727.     encl.  ii. 

[C.O.  194,  8.     ff.  191,  192,  193,  198i>.] 

488.  Mr.  Popple  to  Mr.  Cox.     Your  brother  having  entered 
a  caveat  against  the  Act  passed  in  N.  Jersey  in  1719  for  running 
the  division  line  between  the  Eastern  and  Western  divisions  etc., 
the  Board  desire  you  will  let  them  know  to-morrow  at  11  a 
clock  whether  you  have  anything  to  offer  against  it  etc.     [C.O. 
5,  996.     pp.  254,  255.] 

489.  Council   of  Trade   and   Plantations   to   the   Duke   of 
Newcastle.     Enclose   articles    of   complaint   against    President 
Middleton,  received  from  Mr.  Whitaker,    "  as  these  complaints 
agree  with  the  general  accounts  we  have  had  from  those  parts, 
altho'  the  proofs  of  them  are  not  laid  before  us  etc.     By  the 
said  articles  you  will  see  what  confusion  that  Province  labours 
under,  and  how  necessary  it  is  that  your  Grace  should  receive 
H.M.  commands  for  putting  the  care  of  that  valuable  country 
into   better   hands,    as   the   only   expedient   we   can   offer  for 
redressing  these  disorders."     [C.O.  5,  400.     p.  242.] 

490.  Account  of  the  manufacture  of  wool  and  flax  in  the 
Plantations.     My  Lord,  when  your  Lordship  pleases  to  consider 
the  different  climates,  produce  and  trade  of  the  several  Colonies 
now  settled  on  the  North  Continent  of  America  ;    you  will  find 
that  none  of  the  inhabitants  to  the  southward  of  Pensylvania 
(excepting   one    County   called    Sommerset   upon   the   eastern 
shore    of    Maryland)    have    any    temptation    or    ability    to 
manufacture  either  wooll  or  flax  to  advantage,  for  their  people 
are  so  intirely  employ'd  upon  tobacco  and  rice,  that  they  can 
scarce  afford  time  to  raise  corn  enough  to  supply  their  familys 
with  bread  ;    But  the  aforesaid  county  of  Sommerset  does  at 
this  time  make  a  good  deal  of  cloth  which  may  proceed  partly 
from  the  soil,  not  being  so  fit  for  tobacco,  and  partly  from  its 
being  inhabited  by  people  who  have  been  educated  and  brought 
up  to  that  sort  of  business  in  Ireland.     But  in  Pennsylvania, 
New  Jersey,  New  York,  Connecticut,  Rhode  Island,  New  Eng- 


250  COLONIAL   PAPERS. 

1728. 

land  etc.,  it  is  otherways,  and  I  conceive  the  following  reasons 
may  be  assign'd  why  these  people  have  in  some  measure  fallen 
into  a  minute  or  peddling  manufacture  of  wooll  and  linnen  cloth 
for  the  use  of  their  own  families.  (i)  Their  principal  product 
is  stock  and  grain,  and  consequently  their  estates  depend 
wholly  upon  good  farming,  and  this  cannot  be  carried  on 
without  a  certain  proportion  of  sheep  (which  in  a  good  pasture 
there,  lamb  twice  a  year,  and  every  ewe  generally  brings  two 
and  often  three  lambs  at  a  time)  so  that  wooll  would  be  lost, 
if  they  did  not  imploy  their  servants  at  odd  times,  and  cheifly 
in  the  winter  season,  to  work  it  up  for  the  use  of  their  own 
families,  (ii)  An  acre  of  flax  which  will  produce  from  1000  to 
1500  wt.  is  easily  raised,  and  coarse  cloth  made  of  it,  will  do 
twice  the  service  of  cloth  of  the  same  finess  that  comes  from 
any  part  of  Europe,  which  in  like  manner  leads  the  industrious 
farmer  to  employ  his  intervals  of  time  in  making  up  small  parcels 
of  such  coarse  cloth  for  the  use  of  his  family,  and  likewise  he 
often  raises  also  a  small  quantity  of  hemp  to  make  bags,  plough 
traces,  and  halters  for  his  own  use,  they  being  of  a  better 
quality  for  lasting  than  any  that  can  be  purchased  in  the  shops, 
(iii)  The  old  women  and  children,  fit  for  no  other  business  about 
a  farmer's  house,  are  made  useful  in  carying  on  a  little  manu- 
facture for  the  service  of  the  family,  and  by  this  means  also 
everyone  is  constantly  employed  within  or  without  doors,  let 
the  weather  or  season  be  ever  so  bad.  (iv)  Grain  being  the 
chief  product  by  which  they  are  enabled  to  purchase  clothing, 
and  other  European  goods,  those  settlements  which  are  back 
in  the  woods,  and  far  distant  from  navigation,  have  not  the 
opportunity  of  a  market  for  grain,  which  will  not  bear  the 
charges  of  a  great  land  carriage,  wherefore  they  raise  no  more 
corn  in  such  places  than  what  they  consume  themselves,  by 
which  means  they  can  spare  more  time  to  work  up  so  much 
wooll  and  flax  into  cloth  as  they  want  for  their  own  use  etc. 
Continues  : — It  will,  I  apprehend,  be  impracticable  to  restrain 
the  people  from  a  part  of  their  industry  which  is  so  essential 
to  their  subsistance,  unless  some  method  can  be  found  out  to 
tempt  or  lead  them  voluntarily  into  another  more  profitable 
way  of  employing  their  spare  time,  and  I  cannot  think  of  any- 
thing that  would  so  advantageously  contribute  to  that  end, 
as  a  reasonable  encouragement  for  them  to  go  upon  Naval  Stores 
fit  for  the  service  of  Great  Britain  etc.  The  hire  of  servants,  or 
the  purchase  of  them  with  the  expence  of  maintainance  and 
clothing  etc.  is  at  this  time  so  high  in  America,  that  it  is 
demonstrably  impossible  for  any  one  private  family  to  work  up 
either  woollen  or  linnen  cloth,  but  what  will  cost  50  pr.  cent, 
more  than  that  which  comes  from  Europe  for  sale,  wherefore 
if  they  are  at  present  only  prevented  from  entering  into  any 
Society  for  a  manufacture  of  that  kind,  and  from  transporting 
it  to  other  places  for  sale  (as  indeed  they  are  already  by  Act  of 


AMERICA  AND   WEST   INDIES. 


251 


1728. 


Nov.  29. 

Whitehall. 

Nov.  29. 

Whitehall. 


Nov.  29. 

St.  James's. 


Nov.  30. 

St. 
Christophers. 


Parliament,  with  respect  to  woollens)  it  will  be  sufficient  to 
answer  every  reasonable  purpose  that  can  be  propos'd,  and  if 
at  the  same  time  they  are  incouraged  to  go  upon  naval  stores, 
such  a  regulation  will  go  the  more  easily  down.  Endorsed, 
Reed,  (from  Sr.  Wm.  Keith),  Read  29th  Nov.,  1728.  4|  pp. 
[C.O.  323,  8.  No.  101.] 

491.  Mr.  Popple  to  Mr.  Burchett.     Encloses  list  as  desired 
No.  487.     [C.O.  324,  11.     pp.  135,  136.] 

492.  Council   of  Trade   and   Plantations   to   the   Duke   of 
Newcastle.     Enclose    following   to    be    laid    before    the    King. 
Annexed, 

492.  i.  Same  to  the  King.  Enclose  following.  Continue  :— 
We  have  in  pursuance  of  your  Majesty's  Order  in 
Council  of  the  25th  of  July  inserted  a  clause  for 
impowering  him  to  call  an  Assembly.  This  draught 
is  in  all  other  respects  the  same  as  those  which  your 
Majesty  has  been  pleased  already  to  approve  of  for 
your  other  Governors  in  America,  excepting  the 
Article  impowering  the  Governors  to  grant  land, 
which  we  have  omitted  in  this  draught,  because  altho' 
your  Majesty  appoints  the  Governor  of  these  Islands, 
yet  the  soil  belongs  to  Proprietors.  We  take  this 
opportunity  of  submitting  to  your  Majesty  whether 
it  would  not  be  for  your  Majesty's  service  and  the 
interest  of  Great  Britain  that  these  Islands  considering 
the  great  consequence  they  are  of  should  be  purchas'd 
from  the  Proprietors. 

492.  ii.  H.M.   Commission  for  Capt.   Woodes  Rogers  to  be 

Captain  General  and  Governor  in  Chief  of  the  Bahama 
Islands.     See  preceding.     [C.O.  24,  1.     pp.  102-122.] 

493.  H.M.   Warrant  appointing  James  de  Lancey  to  the 
Council  of  New  York  in   the  room  of  John   Barbaric  deed. 
Countersigned,  Holies  Newcastle.     [C.O.  324,  36.     pp.  98,  99.] 

494.  Governor  the  Earl  of  Londonderry  to  the  Council  of 
Trade  and  Plantations.     I  enclose  your  Lordships  an  Act  past 
at  Nevis  for  settling  £500  pr.  annum  on  me  during  my  Govern- 
ment, which  I  question  not  will  meet  with  your  Lordships' 
approbation,  because  the  tax  to  raise  that  sum  is  laid  on  sugar 
and  molassus,  the  growth  of  that  island,  which  as  it  does  not 
in  the  least  affect  the  trade  of  Great  Britain,  is  therefore  rais'd 
in  conformity  to  H.M.  Instructions,  and  I  hope  your  Lordships 
will  recommend  this  Act  to  H.M.  for  his  Royal  assent  etc.     The 
Legislature  of  that  Island  unanimously  made  this  settlement 
on  me  which  is  the  first  (they  say)  that  island  ever  thought  fit 
to  make  on  any  of  H.M.  cheif  Governours.     I  likewise  transmit 


252  COLONIAL   PAPERS. 

172S. 

to  your  Lordships  another  Act  passed  at  Nevis  for  raising  a 
poll  tax  on  negroes,  in  order  to  repair  H.M.  fortifications,  ami 
to  defray  other  necessary  charges  of  that  Island,  amounting 
to  the  sum  of  £2,005  17*.  current  money  thereof.  And  as 
the  Act  she\vs  t  lu  particulars  to  which  that  sum  is  to  be  applied, 
I  need  not  trouble  your  Lordships  with  them  etc.  Enclose* 
Minnies  of  Council  and  Assembly  of  Nevis  to  Oct.  28,  1728. 
Continues :— The  moment  the  proper  oll'uvr  has  return'd  me  a 
list  of  the  inhabitants  negroes  etc.,  which  I  have  directed  to  be. 
taken,  I  will  forward  them  to  your  Lordships.  I  arrived  at 
St.  Christophers  Oct.  30th,  and  now  send  your  Lordships  two 
Acts  pass'd  in  this  Island  unanimously,  the  one  for  settling  the 
sum  of  £2000  pr.  annum  current  money  of  St.  Christophers  on 
me  during  my  Government,  and  the  other  for  laying  certain 
duties  upon  sugar,  molassus  and  other  goods  of  the  growth  and 
manufacture  of  this  Island,  towards  raising  the  said  sum.  As 
both  these  Acts  are  the  same  with  those  pass'd  in  my  predecessor 
Mr.  Hart's  time,  which  met  with  your  Lordships'  approbation, 
and  H.M.  Royal  assent,  I  need  not  trouble  your  Lordships  with 
any  observations  about  them,  but  only  intreat  you  to  lay  them 
before  H.M.  for  his  allowance.  I  remit  your  Lordships  Minutes 
of  the  Council  of  this  Island,  Oct.  24,  1727— 5th  Sept.,  1728, 
the  last  meeting  to  the  time  of  my  arrivall.  As  I  found  on  my 
arrivall  the  Councillours  in  this  Island  under  the  number  seven, 
by  which  means  publick  business  had  been  often  obstructed 
for  want  of  a  quorum,  and  as  H.M.  had  empowered  me  to  lill 
up  to  that  number,  I  have  accordingly  appointed  Mr.  Wavell 
Smith  Secretary  of  the  Leeward  Islands,  one  of  the  Council  of 
St.  Christophers.  What  indued  me  to  pitch  upon  this  Gentle- 
man, was  that  I  found  several  of  his  predecessors  had  been 
appointed  of  the  Council  to  all  the  Islands,  particularly  John 
Palmer  Esq.  Secretary  of  the  Leeward  Islands,  who  was  made 
a  Councillour  of  them  all  by  warrant  14th  Jan.  1692  etc.  Mr. 
Parsons  was  also  appointed  a  Councillour  to  them  all,  as  appears 
by  his  mandamus,  the  date  of  which  I  cannot  send  your  Lord- 
ships because  'tis  on  record  in  the  Island  of  Mountserratt,  but 
shall  forward  it  by  the  next  opportunity.  I  hope  your  Lordships 
will  recommend  Mr.  Smith  to  be  confirm'd  by  H.M.  it  being 
for  His  service  that  His  Cheif  Secretary  an  Officer  of  such 
importance  shou'd  be  of  His  Councils  here.  I  assure  your 
Lordships  he  is  very  well  qualified  for  the  station  I  have  put 
him.  in,  and  his  behaviour  also  in  every  respect  deserves  H.M. 
encouragement.  Acknowledges  letter  of  4th  July  with  repeal 
of  Act  repealing  Act  settling  £2000  on  Governor  Hart  etc. 
P.S.  Encloses  short  Act  laying  a  duty  on  rum,  "  which  was 
by  accident  omitted  in  the  Act  for  raising  a  tax  on  sugar  and 
molossus  etc.  as  your  Lordships  by  perusing  of  it  will  perceive." 
Signed,  Londonderry.  Endorsed,  Reed.  28th  Jan.,  Read  llth 
Feb.  172  §-.  3§  pp.*  Enclosed, 


AMERICA   AND   WKST    INDIES.  253 

1728. 

494.  i.  Christenings  and  burials  in  the  parish  of  Christ  Church, 

Nicholas    Town,    St.    Kitts,    1727.     Christenings    12  ; 

Burials,    8.     Signed,    Archibald    Cockburne,    Rector. 

I  p. 
494.  ii.  Christenings  and  burials  in  the  parish  of  St.  Mary 

Cayon,   St.   Kitts,   1727.     Christenings,    13;     Burials, 

.'}.     Signed  as  preceding.     1  p. 
494.  iii.  Christenings  and  burials  in  the  parish  of  St.  George 

Basseterre,      St.      Kitts,      Michaelmas      1726 — 1727. 

Christenings,     66 ;       Burials,     47.         Signed,     John 

Anderson,  Rector.     1  p. 
494.  iv.  Christenings  and  burials  in  the  parish  of  Trinity, 

Palmeto    Point,    St.    Kitts,    Michaelmas    1726—1727. 

Christenings,   15  ;    Burials,   13.     Signed  as  preceding. 

1  p. 
494.  v.  Christenings  and  burials  in  the  parish  of  St.  Thomas, 

Middle    Island,    St.    Kitts,    Michaelmas    1726—1727. 

Christenings,     32  ;      Burials,     10.         Signed,     Walter 

Thomas,  Rector.     1  p. 
494.  vi.  Christenings  and  burials  in  the  parish  of  St.  Anne, 

Sandy    Point,    St.    Kitts,    1727.     Christenings,    17; 

Burials,   18.     Signed,  David  Bethune,   Rector.     1  p. 

[C.O.  152,  16.      ff.   379-380U.,   3Slv.,   382,   383,   384, 

385,  386,  387,  387u.] 

Nov.  30.  495.  Governor  Montgomerie  to  the  Council  of  Trade  and 
New  York.  Plantations.  Acknowledges  letter  of  June  30th  etc.  Abstract. 
Suggests  that  "  it  will  contribute  very  much  to  my  carrying 
on  successfully  H.M.  service  in  New  Jersey,  if  the  obtaining  the 
Royal  assent  to  the  triennial  and  Quaker's  Act,  be  at  least 
delayed  till  you  know  how  the  Assembly  of  that  Province 
behaves  when  I  meet  them  at  Burlington  on  the  10th  of  next 
month."  Gives,  with  a  few  comments,  a  list  of  19  public  and 
3  private  Acts  passed  at  the  last  sessions  of  Assembly  at  New 
York,  and  encloses  the  Acts  printed  and  sealed,  and  Minutes  of 
Council  and  Assembly  to  date,  and  list  of  vessels  entered  and 
cleared  25th  March— 29th  Sept.,  1728.  Continues :— The 
Assembly  (encouraged  by  Governor  Burnet's  assenting  to  such 
an  Act  last  year  in  New  Jersey)  past  an  Act  for  frequent  calling 
and  holding  Assemblies  in  this  Colony  ;  which  the  Council 
finding  to  be  of  an  extraordinary  nature  amended  by  adding 
a  clause  that  it  should  not  take  place  till  H.M.  pleasure  be 
further  known  etc.  The  Representatives  disliking  the  amend- 
ment dropt  the  bill ;  but  at  the  end  of  the  Session  the  Speaker 
gave  me  the  enclosed  copy  to  transmit  to  your  Lordships  ;  and 
I  beg  your  directions  what  to  do  when  it  is  again  sent  up  to  the 
Council,  etc.  The  Court  of  Chancery  has  been  the  subject  of 
much  discourse,  and  occasioned  more  uneasiness  to  Mr.  Hunter 
and  Mr.  Burnet  than  all  the  other  parts  of  their  administration. 


254  COLONIAL   PAPERS. 

1728. 

Very  luckily  for  me  I  found  no  cause  of  consequence  depending 
at  my  coming  to  this  Government,  nor  has  there  been  any 
demand  yet  made  for  opening  the  Court,  so  I  have  had  no  great 
occasion  hitherto  to  act  as  Chancellor  nor  do  I  intend  to  do  it 
till  I  have  further  instructions  from  your  Lordships  etc.     Most 
of  the  Council  and  some  others,  since  the  ordinance  past  for 
regulating  abuses   in   the   practice   and  fees   of  the   Court   of 
Chancery,    are    very    well    pleased    with   its    constitution    and 
decrees,  as  appears  by  several  representations  in  their  Minutes 
etc.     Another  party  disputes  the  legality  of  this  or  any  other 
Court  of  Equity  that  is  not  established  by  an  Act  of  General 
Assembly,  and  they  particularly  insist  upon  the  Governours 
being  by  law  incapable  of  being  sole  Judge  in  that  Court.     This 
was  argued   with  great   earnestness   by   some   lawyers   before 
Governor  Burnet  in  a  tryal  for  a  considerable  estate  etc.     A 
third  party  not  so  violent  as  the  last,  but  yet  desirous  of  some 
alteration,   their   scheme   is   to   have   the   Court   of  Chancerv 
established  in  the  Governour  and  Council  :  thinking  the  clamour 
against  it  would  cease,  if  the  Governour  was  assisted  by  the 
Councellors,  who  are  for  most  part  men  of  estates  and  born  in 
the  Province.     Since  I  found  the  people  here  so  divided,  and 
at  the  same  time  stubborn  in  their  opinions,  I  hope  your  Lord- 
ships will  approve  of  my  not  acting  as  Chancellor  till  I  have 
your  directions  etc.     Enquires  what  alterations  in  the  repealed 
Act  for  the  easier  partition  of  lands  held  in  common  would  make 
it  acceptable,  an  Act  to  this  purpose  being  much  wanted  and 
earnestly  desired,  etc.     P.S.     I  beg  pardon  for  making  use  of 
another's  hand  having  sprained  my  wrist.     Set  out,  N.Y.  Col. 
Docs.  V.     pp.   871-875.     Signed,  J.  Montgomerie.     Endorsed, 
Reed.  14th  Feb.,  Read  23rd  May,  1729.     7  pp.     Enclosed, 

495.  i.  Minutes    of   Council    of   New    York   relating    to    an 

Ordinance  for  establishing  remedies  for  abuses  in  the 

practice  of  the  law,  19th  Dec.,  1727— 7th  March,  1728. 

Printed.     6  pp. 
495.  ii.  Ordinance  for  regulating  fees  in  the  Court  of  Chancery, 

New  York,  28th  Feb.,  1728.     Printed.     4  pp. 
495.  iii.  Extract  (pp.  9  and  10)  of  the  case  relating  to  Medina 

and  Co.   of  London  v.   Rene  Hett.     Printed.     2  pp. 

Nos.  i-iii.      Endorsed,  Reed.  14th  Feb.,  172*. 
495.  iv.  Affidavits  referred  to  in  Minutes  of  Council  of  New 

York,     13th     Sept.,     1728.     Endorsed    as    preceding. 

Copy.     13|  pp. 
495.  v.  Copy  of  a  bill  for  the  frequent  calling  and  holding  of 

Assemblies  at  New  York.     An  Assembly  to  be  held 

at  least  once  in  three  years  etc.     Same  endorsement. 

2  pp.  [C.O.  5,  1054.     ff.  307-317,    318-324*;.,    325r,- 

3260.,  327i>.] 


AMERICA   AND   WEST   INDIES. 


255 


1728. 

Nov.  30.         496.     Governor  Lord  Londonderry  to  the  Duke  of  Newcastle. 

st.          Since   [Sept.   18],   I   have  visited  Nevis  and  St.   Christopher's 

Christophers.  an(J  haye  had  the  good  fortunc  to  obtain  a  settlement  by  the 

unanimous  consent  of  the  Legislature  of  both  islands  during 
my  Government.  The  amount  in  Nevis  is  £500  pr.  annum 
and  the  first,  that  Island  ever  made  on  any  Chief  Governour, 
and  that  of  St.  Christophers  is  £2000  pr.  annum,  the  same  my 
predecessor  receiv'd  etc.  Has  transmitted  said  Acts  to  the  Lords 
of  Trade  and  asks  for  his  Grace's  good  interpositions  for  the  Royal 
assent.  Continues  : — On  my  arrival  here  I  found  the  Councillors 
of  this  island  under  the  number  seven,  etc.,  and  I  have 
accordingly  appointed  Mr.  Wavell  Smith,  Secretary  of  the 
Leeward  Islands,  one  of  the  Council  of  St.  Christophers.  The 
reason  of  my  chusing  this  Gentleman,  is  that  I  find  in  the 
records,  several  of  his  predecessors  here  had  been  appointed 
of  the  Council  to  all  the  islands,  particularly  John  Palmer  by 
warrant  of  14th  Jan.  1692  and  Mr.  Parsons  etc.  Prays  that  he 
may  be  confirmed,  "  it  being  for  H.M.  service  that  an  officer  of 
such  importance  should  be  of  His  Councils  "  etc.  Continues  : — 
I  was  surpriz'd  to  find  His  late  Majesty's  order,  dated  Nov. 
30,  1726,  directing  the  Chief  Governour  to  put  the  Secretary 
into  possession  of  that  branch  of  his  office  called  the  Register 
of  the  Court  of  Admiralty  etc.  was  not  obey'd,  notwithstanding 
the  Secretary  made  frequent  application,  to  have  it  put  in 
execution.  On  my  arrivall,  I  caused  the  said  order  to  be 
immediately  obey'd  etc.  Signed,  Londonderry.  Endorsed,  Rd. 
Jan.  29th.  2£  pp.  [C.O.  152,  43.  ff.  31-32*;.  ;  and  (extract 
relating  to  Councillors)  33.] 

Nov.  30.  497.  Lt.  Governor  Pitt  to  Mr.  Delafaye.  Encloses  his 
Bermuda,  letter  to  the  Duke  of  Newcastle  (?  30th  Oct.).  Continues : — I 
called  an  Assembly  which  mett  and  satt,  and  after  four  days 
sitting  their  speaker  fell  ill,  and  so  continues  without  doing  any 
business,  onely  makeing  one  act  for  the  preservation  of  the 
fishery,  which  wee  agreed  too.  But  the  first  thing  they  went 
upon  was  to  vote  for  a  Habeas  Corpus  Act  with  this  title,  An 
act  for  the  better  secureing  the  liberty  of  H.M.  subjects  within 
these  islands,  and  preventing  long  imprisonment,  cheifly  drawn 
or  coppyed  from  an  act  passed  in  the  island  of  Berbadoes  in  the 
year  1697,  and  averred  to  be  still  in  force  there,  which  makes 
me  desierous  to  know,  if  in  that  regard  any  alteration  should 
be  made  in  any  other  islands  under  H.M.  Governmts.  for  my 
better  satisfaction  in  the  affair,  I  have  prorogued  the  Assembly 
to  the  first  munday  in  February  next,  and  have  in  the  interim 
wrote  to  the  Governour  of  Berbadoes,  and  New  York,  to  know 
how  that  or  the  like  act,  if  any,  has  been  passed  in  their  Colony's, 
or  is  now  in  force.  I  offered  to  the  consideration  of  the  Assembly 
the  prepareing  an  act  to  supply  the  country  with  small  money 
a  great  want  whereof  it  now  labours  under,  there  being  no  less 


256  COLONIAL   PAPERS. 

1728. 

peece  current  then  an  halfe  Royall,  which  by  Queen  Ann's 
proclamation,  confirmed  by  Act  of  Parliament  is  4  pence  this 
country  currency ;  yet  was  this  necessary  proposal!  rejected, 
fearing  as  the  majority  pretended,  that  if  copper  halfe  pence 
were  brought  in  here,  they  should  soon  be  glutted  with  them, 
which  you  may  judge  by  the  inclosed  proposall.  I  have  wrote 
to  Mr.  Noden  for  this  country  by  the  consent  of  our  Councill 
here  to  gett  a  small  summ,  if  an  order  from  the  King  and  Councill 
can  be  obtained  for  them  to  pass,  which  wee  think  the  easiest 
way  to  convince  them  of  their  ignorance,  and  what  loss  may 
acrew,  I  will  take  it  to  myselfe,  most  of  this  Assembly  being 
scared  with  a  notion  that  they  might  be  woods  halfe  pence 
intended  for  Ireland,  which  Govr.  Hope  lay'd  a  scheme  before 
them  to  bring  them  into  this  country,  but  rejected  by  them.  I 
have  ordered  Mr.  Noden  our  Agent  to  waite  on  you  and  know 
your  opinion  with  your  assistance  if  it  be  to  be  done.  Signed, 
John  Pitt.  Endorsed,  R.  14th  Feb.  2  pp.  Enclosed, 

497.  i.  Proposall  for  purchase  of  halfe-pence.  Suppose  the 
country  to  borrow  £200  sterl.  Allow  40  p.c.  for  ex- 
change in  Bermuda  currency,  6  months  interest  at  8  p.c. 
till  the  arrival  oi  the  halfe  pence,  and  agents  commission 
2|  p.c.  and  insurance  2|  p.c.  Total,  £305  4s.  The 
£200  st.  will  purchase  in  the  Tower  of  London  of 
English  halfe-pence  with  the  usuall  allowance  of  10 
p.c.  sterl.,  £220.  Allow  each  halfe-pence  to  pass  for 
three  farthings  is  50  p.c.  exchange  on  the  whole,  £110. 
Total,  £330.  The  advantage  accruing  to  the  Collony, 
besides  the  conveniency  to  every  inhabitants,  is : — 
Allow  the  half-pence  be  lodged  immediately  in  the 
treasury,  and  vented  by  payment  of  the  public  debts, 
the  creditor  allowing  a  discount  of  10  p.c.  for  prompt 
payment  comes  to  £33.  The  difference  on  the  pur- 
chase and  the  vent  is  £24  16s.  Total,  £57  16*.  Every 
person  being  obliged  to  take  the  halfe-pence  in  pay- 
ments, the  forementioned  sum  will  be  sufficient  for  this 
Collony,  and  the  advance  being  so  small  no  trader  has 
any  encouragement  to  import  any  quantity,  add  the 
vast  advantage  that  will  attend  the  subject,  in  haveing 
small  change,  which  on  a  moderate  computation  will 
save  at  least  £150  pr.  annum.  l£  pp.  [C.O.  37,  29. 
Nos.  2,  2.i.]. 

[Nov.]  498.  Benjamin  Whi taker,  Attorney  General  S.  Carolina,  to 
the  Duke  of  Newcastle.  Encloses  following,  "  of  which  I  can 
produce  the  most  full  and  authentick  proofs  if  I  was  enabled 
by  an  order  to  examine  persons  and  send  for  papers.  I  need 
not  represent  to  your  Grace  the  dreadfull  events  H.M.  subjects 
have  to  fear  from  a  state  of  anarchy  and  confusion  to  which  they 
are  now  very  near  reduced,  and  how  unable  they  are  to  defend 


AMERICA  AND  WEST  INDIES.  257 

1728. 

themselves  agt.  the  enemies  that  surround  them."  Signed, 
Benja.  Whitaker.  Endorsed,  Rd.  of  Mr.  Yonge,  Nov.  1728. 
1  p.  Enclosed, 

498.  i.  Articles  relating  to  the  conduct  of  Arthur  Middleton, 
President  of  S.  Carolina  etc.  (i)  Upon  taking  upon 
him  the  administration,  he  neglected  to  take  the  oaths 
for  the  observation  of  the  Acts  of  Trade,  whereby  H.M. 
Revenue  hath  greatly  suffer'd  and  severall  illegall 
traders  escaped  with  impunity,  (ii)  A  few  months 
after  he  had  ent'red  on  the  administration  he  sold 
several  offices  relating  to  the  administration  of  Justice 
and  used  many  indirect  artifices  to  extort  money  from 
the  purchasers,  (iii)  Contrary  to  H.M.  orders,  he 
issued  £30,000  in  paper  bills,  which  by  law  ought  to 
have  been  sunk,  whereby  the  value  of  the  said  bills  is 
greatly  lessened  and  the  trading  people  of  Great 
Brittain  much  injured,  (iv)  To  the  great  greif  and 
disappointment  of  H.M.  good  subjects,  he  wilfully 
delayed  proclaiming  H.M.  happy  accession  to  the 
Throne  fourteen  days  after  he  had  received  orders  for 
that  purpose,  (v)  When  H.M.  Council  in  June,  1727, 
had  directed  warrants  to  the  Provost  Marshall  to 
apprehend  several  rioutous  persons  who  intruded  with 
pistols  into  the  Council  Chamber  and  delivered  a 
seditious  representation,  Mr.  Middleton  privately  and 
without  the  advice  or  consent  of  the  Council,  ordered 
the  Provost  Marshall  to  stop  the  execution  of  said 
warrants,  (vi)  When  A.  Skene  had  committed  to 
prison  Thomas  Smith  for  riotous  assembly  etc.  (v. 
supra],  he  ordered  him  to  be  discharged  without 
hearing,  in  pursuance  of  a  promise  he  made  to  an 
Assembly  of  about  200  rioters  with  whom  he  so  far 
prostituted  the  dignity  of  Government  and  H.M. 
authority  intrusted  to  him  as  to  treat,  capitulate  and 
make  terms  notwithstanding  there  was  two  of  H.M. 
ships  in  the  Government  and  many  other  good  subjects 
who  offered  and  were  ready  to  assist  him  on  the 
insurrection  of  the  rioters,  (vii)  When  proof  was 
made  before  him  in  Council  that  a  number  of  armed 
men  were  assembled  together  with  their  faces  black'd 
and  disguised  in  order  to  kilt  the  Provost  Marshall  who 
had  warrants  against  them  for  levying  the  public  taxes 
raised  for  the  support  of  H.M.  Government,  he  ordered 
the  Treasurer  to  withdraw  the  said  warrants  etc. 
(viii)  He  hath  committed  diverse  other  acts  highly 
injurious  to  H.M.  Prerogative  etc.  Endorsed,  Referred 
to  the  Lords  of  the  Committee  of  Council.  l£  pp. 
[C.O.  5,  387.  Nos.  86,  86  i.] 

C.P.  XXXVI— 17 


258 


COLONIAL   PAPERS. 


1728. 
Dec.  4. 

St.  James's. 


Dec.  4. 

St.  James's. 


Dec.  4. 

St.  James's. 


Dec.  4. 

St.  James's. 


Dec.  4. 

St.  James's. 


Dec.  5. 

Whitehall. 


499.  Order  of  King  in  Council.     Referring  to  Committee  for 
their  report  representation  on  charges  against  President  Middle- 
ton  (v.  13th  Nov.  etc.).     Signed,  Ja.  Vernon.     Endorsed,  Reed. 
3rd,  Read  15th  Jan.,  172*.     1  p.     [C.O.  5,  360.     ff.  84,  85v.] 

500.  Order    of   King   in    Council.     Appointing    Alexander 
Forbes  to  the  Council  of  Jamaica,  in  the  room  of  Mr.  Pusey. 
Signed,  Jas.  Vernon.     1  p.     [C.O.  137,  46.     No.  54.] 

501.  Order   of   King   in    Council.     Approving   draught   of 
Commission  for  Governor  Woodes  Rogers.     Signed,  Jas.  Vernon. 
Endorsed,  Reed.  3rd,  Read  15th  Jan.,  172f.     1  p.     [C.O.  23,  2. 
ff.  182,  183*;.  ;    and  23,  12.     No.  92.] 

502.  Order  of  King  in  Council.     Referring  to  Committee 
that  part  of  the  Representation  of  the  Board  of  Trade  29th  Nov., 
recommending  the  purchase  of  the  Bahama  Islands.       Signed, 
Ja.  Vernon.     Endorsed,  Reed.  3rd,  Read  15th  Jan.,  172|.     1  p. 
[C.O.  23,  2.    ff.  184,  185t>.] 

503.  Order  of  King  in  Council.     Appointing  A.  Forbes  to 
the  Council  of  Jamaica,  as  proposed  by  Council  of  Trade.  Signed 
and  endorsed  as  preceding.     l£  pp.     [C.O.   137,   17.    ff.   127. 
127t>.,  1280.] 

504.  Council  of  Trade  and  Plantations  to  the  Lords  of  the 
Committee  of  H.M.  Privy  Council.     Pursuant  to  the  Order  of 
19th  Nov.,  etc.,  we  find,  that  in  the  Colonies  of  New  England, 
New  York,  New  Jersey,  Connecticut,  Rhode  Island,  Pennsyl- 
vania, and  in  the  County  of  Somerset  in  Maryland,  the  people 
have  fallen  into  the  manufacture  of  woollen  and  linnen  cloth, 
for  the  use  of  their  own  families,  but  we  cannot  learn  that  they 
have  ever  manufactur'd  any  for  sale  in  any  of  the  Colonies, 
except  in  a  small  Indian  town  in  Pennsylvania  where  some 
Palatines  have  of  late  years  settled.     The  reasons  which  may 
be  assign'd,  why  these  people  have  begun  this  manufacture,  are. 
1st.     That  the  product  of  these  Colonies  being  chiefly  stock  and 
grain,    the    estates    of  the    inhabitants    depend    wholly   upon 
farming ;    and  as  this  cannot  be  carry'd  on  without  a  certain 
quantity  of  sheep,  their  wooll  would  be  entirely  lost,  were  not 
their  servants  employ'd  at  leisure  times  of  the  year,  but  chiefly 
during  the  winter,  in  manufacturing  it  for  the  use  of  their 
families.     2nd.     Flax  and  hemp  are  likewise  easily  rais'd,  and 
the    inhabitants    manufacture    them    into    a    coarse    sort    of 
cloth,    bags,    plough    traces,    and    halters    for    their    horses, 
which  they  find,  do  more  service  than  those  they  have  from 
any     part     of     Europe.        3d.        Those     settlements     which 
are   distant  from   water-carriage,    and   are   remotely   situated 
in  the  woods,  have  no  opportunities  of  a  market  for  grain ;  and 


AMERICA   AND   WEST   INDIES.  259 

1728. 

therefore,  as  they  don't  raise  more  corn  than  is  sufficient  for  their 
own  use,  they  have  more  time  to  manufacture  both  wooll  and 
flax  for  the  service  of  their  families,  and  seem  to  be  under  a 
greater  necessity  of  doing  it.  Upon  a  further  enquiry  into  this 
matter,  we  don't  find  that  these  people  had  the  same  temptation 
to  go  on  with  these  manufactures,  during  the  time  that  the 
bounty  upon  Naval  Stores  subsisted,  having  then  encourage- 
ment to  employ  their  leisure  time  in  another  way,  and  more 
profitably  both  to  themselves  and  this  Kingdom ;  For  the  height 
of  wages,  and  the  great  price  of  labour  in  general  in  America, 
makes  it  impracticable  for  the  people  there  to  manufacture 
linnen  cloth  at  less  than  20  pr.  cent,  more  than  the  rate  in 
England,  or  woollen  cloth  at  less  than  50  pr.  cent,  dearer  than 
that  which  is  exported  from  hence  for  sale  ;  But  as  the  small 
quantities  which  they  riianufacture  for  their  own  use,  are  a 
diminution  of  the  exports  from  this  Kingdom  ;  it  were  to  be 
wish'd  that  some  expedient  might  be  fallen  upon  to  divert  their 
thoughts  from  undertakings  of  this  nature  ;  and  so  much  the 
rather,  because  these  manufactures  in  process  of  time  may  be 
carry'd  on  in  a  greater  degree,  unless  an  early  stop  be  put  to 
their  progress  ;  and  the  most  natural  inducement  that  we  can 
think  of  to  engage  the  people  of  America  to  desist  from  these 
pursuits,  would  be  to  employ  them  in  Naval  Stores,  wherefore 
we  take  leave  to  renew  our  repeated  proposals,  that  a  reasonable 
encouragement  may  be  given  for  the  making,  raising  and 
manufacturing  of  Naval  Stores,  of  all  kinds  in  the  Plantations, 
from  whence  we  may  be  furnish'd  in  return  for  our  own  manu- 
factures, and  much  money  might  be  sav'd  in  the  balance  of  our 
trade  with  the  Northern  Crowns,  where  these  materials  are 
chiefly  paid  for  in  specie.  If  your  Lordships  shall  be  of  the 
same  opinion,  we  beg  leave  to  refer  our  selves  to  our  Representa- 
tion of  the  20th  of  March  last  etc.  But  whenever  the  Legislature 
shall  be  dispos'd  to  give  prcemiums  for  this  purpose,  it  might  be 
reasonable  at  the  same  time  to  prevent  as  far  as  may  be,  the 
further  growth  of  the  woollen  and  linnen  manufactures  in  the 
Plantations  by  Act  of  Parliament.  And  notwithstanding  pro- 
vision is  already  made  by  the  Act  of  10th  and  llth  K.  William 
to  prevent  the  exportation  of  wooll  out  of  the  Kingdoms  etc.,  that 
no  wooll,  woollfells  or  woollen  goods,  etc.  of  the  growth  or 
manufacture  of  any  of  the  British  Plantations  in  America,  shall 
be  exported  by  land  or  water,  out  of  the  respective  Plantations 
where  they  grew  or  were  manufactur'd  ;  yet  we  conceive,  this 
Law  might  be  extended  further.  And  altho'  it  might  not  be 
reasonable  to  prevent  the  poor  Planters  who  have  not  where- 
withall  to  purchase  British  manufactures,  from  cloathing  them- 
selves by  their  own  labour,  yet  in  our  humble  opinion,  it  might 
be  adviseable  to  provide,  that  woollen  goods  made  in  the 
Plantations,  should  not  be  expos'd  to  sale  there.  The  like  care 
in  our  humble  opinion  should  be  taken  to  prevent  the  growth 


260 


COLONIAL   PAPERS. 


1728. 


Dec.  5. 

Whitehall. 


Dec,  9. 


Dec.  10. 

St.  James's. 


Dec.  10. 

Barbados. 


of  the  linnen  manufacture  in  the  American  Colonies,  because 
we  are  inform'd  that  some  Palatines  settled  in  Pennsylvania, 
as  aforemention'd,  have  lately  made  small  quantities  of  linnen 
for  sale  there.  [C.O.  324,  11.  pp.  136-142]. 

505.  Council  of  Trade  and  Plantations  to  the  King.     There 
was  an  Act  passed  at  New  Jersey  in  1719  for  running  the  line  of 
partition  between  the  Eastern  and  Western  Divisions  etc.     This  is 
an  Act  wherein  private  property  is  concern'd  and  therefore  we 
thought  it  would  be  of  service  to  let  the  same  lye  by  for  some 
time,  that  in  case  any  persons  should  be  aggrieved  thereby, 
they  might  have  sufficient  opportunity  to  lay  their  objections 
before  us  ;    but  as  we  have  receiv'd  none,  and  as  this  Act  will 
be  of  advantage  to  the  inhabitants  of  New  Jersey  in  general  by 
settling  their  respective  titles,  we  humbly  lay  the  same  before 
your  Majesty  for  your  Royal  confirmation.     [C.O.  5,  996.     pp. 
254,  255.] 

506.  Copy  of  Warrant  for  Governor  Rogers'  Commission. 
[C.O.  5,  194.     ff.  495-512.] 

507.  H.M.  Warrant  appointing  Alexander  Forbes  to  the 
Council  of  Jamaica,  in  the  room  of  William  Pusey,  who  has  been 
several  years  absent  and  is  now  in  prison.     Countersigned,  Holies 
Newcastle.     [C.O.  324,  36.     pp.  100,  101.] 

508.  Governor  Worsley  to  the  Duke  of  Newcastle.    Refers  to 
letter  o/28th  Oct.,  advising  his  Grace  that  he  proposed  (v.  28th 
Oct.)  to  let  the  Assembly  sit  12th  November,    "  but  they  not 
making  a  House  that  day,  the  Member(s)  present  adjourned 
them  to  the  19th  of  the  said  month,  when  they  appointed  a 
Committee  to  prepare  a  bill  to  be  laid  before  the  House  at  their 
next  sitting,  and  the  same  day  I  laid  before  them  H.M.  21st  and 
22nd  Instructions  (v.  8th  Nov.)  upon  which,  they  adjourn'd 
themselves,  de  die  in  diem,  to  their  Clerk  Mr.  Warren's  house, 
till  the  22nd  when  they  adjourn'd  to  ye  next  day  to  ye  house  of 
Mr.  Willoughby  Duffey  where  they  generally  meet  to  do  business, 
when  they  accordingly  met  and  passed  an  Excise  bill ;    the  26th 
the  Council  sat  and  made  some  amendmts.  to  the  bill,  the  title 
of  which  having  been  as  usually,  for  laying  a  duty  on  wines  etc. 
for  repairing  the  fortifications  ;    the  Council  thought  fit  to  leave 
that  part  of  the  title  out,  and  in  some  clauses  of  the  bill  there 
being  this   expression,     "  any  law,    usage,    or  custom   to  the 
contrary  notwithstanding,"    the  Council  thought  it  necessary 
to  amend  the  said  bill  by  leaving  out  the  word  Law,  in  that 
H.M.  has  commanded,  in  his  Instructions  to  me,  that  no  law 
should  be  repealed  by  general  words  ;    and  as  one  of  the  uses 
was  for  the  payment  of  all  such  orders  as  are  or  shall  be- issued 
by  the  Governor  or  Commander-in-Chief  by  and  with  the  advice 


AMERICA   AND   WEST   INDIES.  261 

1728. 

and  consent  of  the  Council  for  the  entertainment  of  the  Courts 
of  Grand  Sessions  etc.,  the  Council  thought  fit  to  amend  the  bill 
by  leaving  out  the  words,  "  upon  an  address  from  the  General 
Assembly  "  ;  and  the  bill  was  accordingly  sent  down  to  the 
Assembly,  who  the  next  day  agreed  to  those  amendments,  when 
they  returned  it  to  the  Council,  who  immediately  pass'd  it,  and 
I  gave  my  assent  to  it.  The  Assembly  have  taken  particular 
care  for  the  payment  of  their  officers,  which  paymts.  are  made 
preferable,  but  your  Grace  will  observe  in  this  bill,  there  is  no 
use  for  repairing  the  fortifications,  nor  for  the  payment  of  H.M. 
Attorney  General,  nor  for  the  Storekeeper's  accounts,  nor  for 
the  payment  of  the  Clerk  of  the  Council,  nor  for  defraying  the 
expences  of  the  Committees  of  Council.  However  as  the  bill 
is  now  passed,  the  money  arising  by  this  tax  will  not  be  lost  to 
ye  publick,  and  I  have  the  honor  to  transmit  it  to  your  Grace." 
Acknowledges  Order  in  Council,  15th  Aug.  etc.  Continues : — In 
obedience  thereunto,  I  shall  with  the  Council  examine  and  settle 
Mr.  Whitworth's  accounts,  and  shall  then  earnestly  recommend 
it  to  the  Assembly  for  the  immediate  payment  of  what  shall  be 
found  due  upon  proper  vouchers,  and  shall  take  the  same  care 
of  what  is  now  or  shal  for  the  future  become  due  to  Mr.  Whit- 
worth,  or  his  deputy,  for  such  services.  Encloses  Minutes  of 
Assembly  13th  Sept. — 7th  Dec.  Signed,  Henry  Worsley. 
Endorsed,  Rd.  Feb.  17th.  4  pp.  [C.O.  28,  44.  No.  130.] 

Dec.  10.         509.     Same   to    the    Council    of    Trade   and   Plantations. 
Barbados.     Duplicate    of   preceding,     mutatis    mutandis.      Signed,    Henry 

Worsley.     Endorsed,  Reed.  14th  Feb.,    Read  20th  May,  1729. 

4  pp.     [C.O.  28,  20.    ff.  124-125^.,  126i;.] 

Dec.  10.  510.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Report  upon  Act  of  Virginia,  1728,  for  laying  a  duty  on  slaves 
imported.  Refers  to  procedure  on  former  acts  of  this  nature  and 
Order  in  Council  30th  April,  1724.  Objects  to  this  act  that  (i) 
the  Colony  cannot  subsist  or  be  improved  without  large  and 
constant  supplies  of  negroes.  Experience  has  shown  the  fatal 
consequence,  of  such  duties,  for  from  1710  to  1718,  when  there 
was  such  a  duty,  the  number  of  negroes  imported  into  Virginia 
was  very  inconsiderable  and  those  few  sold  at  excessive  prices. 
So  that  laying  a  duty  on  negroes  can  only  tend  to  make  them 
scarcer  and  dearer,  the  two  things  that  for  the  good  of  our  trade 
and  for  the  benefit  of  Virginia  ought  chiefly  to  be  guarded 
against,  since  it  is  well  known  that  the  cheapness  of  Virginia 
tobacco  in  European  marketts  is  the  true  cause  of  the  great 
consumption  thereof,  (ii)  It  affects  the  revenue  of  Great 
Britain,  for  the  crops  of  tobacco  and  therefore  the  amount 
imported,  must  grow  less  for  want  of  negroes,  and  the  Act  is 
also  inconsistent  with  the  dependancy  of  Virginia  on  Great 
Britain.  For  "  these  negroes  are  purchased  by  the  British 


COLONIAL   PAPERS. 

1728. 


merchants  on  the  coast  of  Africa  in  exchange  of  our  own  manu- 
factures etc.,  and  therefore  for  Virginia  to  lay  a  duty  on  negroes 
so  purchased  is  the  same  thing  as  laying  a  duty  on  the  importa- 
tion of  British  manufactures  "  etc.  Signed,  Fran.  Fane. 
Endorsed,  Reed.  10th  May,  1728,  Read  21st  May,  1729.  2|  pp. 
[C.O.  5,  1321.  ff.  108-109*).] 

Dec.  11.  511.  Merchants  trading  to  Virginia  and  Maryland  to  the 
Council  of  Trade  and  Plantations.  Reasons  humbly  offered 
against  erecting  a  light  house  upon  Cape  Henry  in  Virginia. 
We  apprehend  it  may  be  very  detrimentall  to  our  shipping 
bound  to  Virginia  and  Maryland  because  of  the  lights  that  are 
frequently  made  along  the  coast  and  inland  by  burning  the 
woods  and  other  chance  fires  made  in  hunting  &c.  which  happens 
generally  at  the  time  of  year  when  the  ships  are  bound  in  and 
should  they  be  deceived  by  such  lights  which  cannot  certainly 
be  distinguished  from  a  light  house,  it  would  probably  be  the 
loss  of  many  ships.  The  light  can  be  of  no  service  in  foggy 
hazy  weather,  to  which  the  coast  is  subject,  it  not  being  then 
visible,  and  in  clear  weather  or  any  that  is  fitting  for  a  ship  to 
stand  into  land,  knowing  the  latitude  they  may  safely  run  in 
without  it  by  the  lead,  which  is  an  infallible  guide  to  carry  any 
ship  into  good  anchor  hold,  and  afterwards  the  lights  can  be 
of  little  use.  Accidents  would  likewise  probably  happen  if 
ships  being  pritty  sure  of  the  latitude  should,  neglecting  their 
lead,  run  in  to  make  the  light,  and  by  carelessness  or  for  other 
causes  the  light  should  not  be  visible,  and  there  are  many 
instances  of  neglect  of  the  lights  even  in  the  Brittish  Channel!. 
We  do  not  know  that  any  shipp  ever  miscarried  for  want  of  a 
light  on  the  Cape.  Endorsed,  Reed,  (from  Mr.  Alderman  Perry), 
Read  llth  Dec.  1728.  l±pp.  [C.O.  5,  1321.  ff.  90,  90i;.,  910.] 

Dec.  11.  512.  Mr.  Robert  Gary  to  Mr.  Popple.  I  have  beene 
afflicted  with  ye  collick  in  my  stomack  lately  that  I  have  not 
beene  out  of  doores  but  twice  these  three  weekes,  wch.  prevents 
me  from  weighting  on  ye  Lords  Commissioners  etc.  I  believe 
not  any  of  ye  Virga.  merchants  have  any  objection  against  ye 
erecting  a  lighthouse  if  ye  Maryland  merchants  joyne  em. 
Signed,  Robert  Cary.  Endorsed,  Reed.,  Read  llth  Dec.,  1728. 
Addressed,  f  p.  [C.O.  5,  1321.  ff.  88-89.] 

Dec.  12.  513.  Lord  Townshend  to  the  Council  of  Trade  and  Planta- 
Whitehaii.  tions.  Having  laid  before  the  King  the  enclosed  observations 
etc.,  I  herewith  send  them  to  your  Lops,  by  H.M.  command, 
that  you  may  take  the  same  into  consideration,  and  report  to 
H.M.  what  use  may  be  made  of  these  observations  for  the 
benefit  of  H.M.  Colonys  in  America.  Signed,  Townshend. 
Endorsed,  Reed.  Read  31st  Dec.,  1728.  1  p.  Enclosed, 


AMERICA   AND   WEST   INDIES.  263 

1728 

513.  i.  Sir  William  Keith  to  the  King.  Submits  following 
observations,  "  which  were  occasionally  made  in  your 
Majesty's  and  your  Royal  Father's  service  abroad  " 
etc.  Signed,  William  Keith.  1  p.  Enclosed, 

513.  ii.  A  short  discourse  on  the  present  state  of  the  Colonies 
in  America  with  respect  to  the  interest  of  Great  Britain. 
After  complimentary  introduction,  continues  : — When 
Colonies  are  conquered  or  planted  abroad,  etc.,  it  is 
convenient  to  substitute  little  Provincial  dependent 
Governments,  whose  people  by  being  infranchized,  and 
made  partakers  of  the  liberties  and  privileges  belonging 
to  the  original  Mother  State,  are  justly  bound  by  its 
laws,  and  become  subservient  to  its  interests,  as  the 
true  end  of  their  incorporation.  Every  Act  of  a  de- 
pendent Provincial  Government  therefore  ought  to 
terminate  in  the  advantage  of  the  Mother  State,  unto 
whom  it  ows  its  being,  and  by  whom  it  is  protected,  in 
all  its  valuable  privileges  :  Hence  it  follows  that  all  ad- 
vantageous projects,  or  commercial  gains  in  any  Colony, 
which  are  truly  prejudicial  to,  and  inconsistent  with, 
the  interest  of  the  Mother  State  ;  must  be  understood 
to  be  illegal,  and  the  practice  of  them  unwarrant- 
able, because  they  contradict  the  end  for  which  the 
Colony  had  a  being,  and  are  incompatible  with  the 
terms  on  which  the  people  claim  both  privilege  and 
protection.  Were  these  things  rightly  understood 
amongst  the  inhabitants  of  the  British  Colonies  in 
America,  there  would  be  less  occasion  for  such 
Instructions,  and  strict  prohibitions,  as  are  daily  sent 
from  England  to  regulate  their  conduct  on  many  points ; 
the  very  nature  of  the  thing  would  be  sufficient  to 
direct  their  choice  in  cultivating  such  parts  of  industry 
and  commerce  only,  as  would  bring  some  advantage 
to  the  interest  and  trade  of  Great  Britain  :  They  would 
soon  find  by  experience  that  this  was  the  solid  and  true 
foundation  whereon  to  build  a  real  interest  in  their 
Mother  Country,  and  the  certain  means  to  acquire 
riches  without  envy.  On  the  other  hand  where  the 
Government  of  a  Provincial  Colony  is  well  regulated, 
and  all  its  business  and  commerce  truly  adapted,  to 
the  proper  end  and  design  of  the  first  settlement ; 
such  a  Province  like  a  choice  branch  springing  from 
the  main  root,  ought  to  be  carefully  nourish'd,  and 
it's  just  interests  well  guarded  ;  no  little  partial  project 
or  party  gain  should  be  suffer'd  to  affect  it,  but  rather 
it  ought  to  be  consider'd  and  weigh'd  in  the  general 
ballance  of  the  whole  State,  as  an  usefull  and  profitable 
Member  ;  For  such  is  the  end  of  all  Colonies,  and  if  this 
use  cannot  be  made  of  them,  it  would  be  much  better 


264  COLONIAL   PAPERS. 

1728. 


for  the  State  to  be  without  them.  It  has  ever  been  the 
maxim  of  all  polite  Nations  to  regulate  their  Govern- 
ment to  the  best  advantage  of  their  trading  interest ; 
wherefore  it  may  be  helpfull  to  take  a  short  view  of 
the  principal  benefits  arising  to  Great  Britain  by  the 
Trade  of  the  Colonies.  lmo-  The  Colonies  take  off 
and  consume  above  one  6th  part  of  the  woolen  manu- 
factures exported  from  Britain  ;  which  is  the  chief 
staple  of  England  and  main  support  of  all  the  landed 
interest.  2do-  They  take  off  and  consume  more  than 
double  that  value  in  linnen  and  calicoes,  which  is  either 
the  product  of  Britain  and  Ireland,  or  partly,  the 
profitable  returns  made  for  that  product  carryed  to 
forreign  countries.  3tio-  The  luxury  of  the  Colonies 
which  increases  daily,  consumes  great  quantities  of 
English  manufactur'd  silks,  haberdashery,  household 
furniture  and  trinkets  of  all  sorts,  also  a  very  con- 
siderable value  in  E.  India  goods.  4to-  A  great 
revenue  is  rais'd  to  the  Crown  of  Great  Britain,  by 
returns  made  in  the  produce  of  the  Plantations, 
especially  Tobacco,  which  at  the  same  time  helps 
England  to  bring  nearr.  to  a  ballance  their  unprofitable 
trade  with  France.  5to-  These  Colonies  promote 
the  int.  and  trade  of  Britain  by  a  vast  increase  of 
shipping  and  seamen  ;  which  enables  them  to  carry 
great  quantities  of  fish  to  Spain,  Portugal,  Leghorne 
etc..  furrz  logwood  and  rice  to  Holland,  where  they 
help  Great  Britain  considerably  in  the  ballance  of 
trade  with  those  countries.  6*°-  If  reasonably 
encouraged,  the  Colonies  are  now  in  a  condition  to 
furnish  Britain  with  as  much  of  the  following  com- 
modities as  it  can  demand  vizt.  masting  for  the  Navy 
and  all  sorts  of  timber,  hemp,  flax,  pitch,  tarr,  oyle, 
rosin,  copper-oar,  with  pig  and  barr-iron,  by  means 
whereof  the  ballance  of  trade  to  Russia  and  the 
Baltick,  may  be  very  much  reduced  in  favour  oi  Great 
Britain.  7mo-  The  profits  arising  to  all  these  Colonies 
by  trade  is  return'd  in  bullion,  or  other  useful  effects  to 
Great  Britain,  where  the  superfluous  cash,  and  other 
riches  acquir'd  in  America  must  center  ;  which  is  not 
one  of  the  least  securities  that  Britain  has,  to  keep  the 
Colonies  alwaies  in  due  subjection.  8VO-  The  Colonies 
upon  the  Main,  are  the  granary  of  America,  and  a 
necessary  support  to  the  Sugar  Plantations  in  the  West 
Indies  which  could  not  subsist  without  them.  By 
this  short  view  we  may  plainly  understand,  that  these 
Colonies  can  be  very  beneficially  employ'd,  both  for 
Great  Britain  and  themselves,  without  interfairmg 
with  any  of  the  Staple  manufactures  in  England  ;  and 


AMERICA  AND  WEST  INDIES.  265 

1728. 

considering  the  bulk  and  end  of  their  whole  traffiek 
'twere  pitty  that  any  material  branch  of  it  shou'd  be 
depress'd ;  on  account  of  private  and  particular 
interests,  which  in  comparison  with  these  cannot 
justly  be  esteem'd  a  national  concern  etc.  We  will 
proceed  to  consider  some  of  the  most  obvious  regu- 
lations on  the  American  trade ;  for  rendring  the 
Colonies  truly  serviceable  to  Great  Britain.  lm°- 
That  all  the  product  in  the  Colonies  for  which  the 
manufacture  and  trade  of  Britain  has  a  constant 
demand,  be  enumerated  among  the  goods  which  by 
law  must  be  first  transported  to  Britain  before  they 
can  be  carry'd  to  any  other  market.  2do-  That  every 
valuable  merchandize  to  be  found  in  the  English 
colonies,  and  but  rarely  anywhere  else,  and  for  which 
there  is  a  constant  demand  in  Europe,  shall  also  be 
enumerated,  in  order  to  assist  Great  Britain  in  the 
ballance  of  trade  with  other  countries.-  3tlo<  That 
all  kinds  of  woolen  manufactures  for  which  the  Colonies 
have  a  demand,  shall  continue  to  be  brought  from 
Britain  only,  and  linnen  from  Great  Britain  and 
Ireland.  4*°-  All  other  kind  of  European  com- 
modities to  be  carry'd  to  the  Colonies  (salt  excepted) 
entry  thereof  first  to  be  made  in  Britain,  before  they 
can  be  transported  to  any  of  the  English  Colonies. 
5to-  The  Colonies  to  be  absolutely  restrain'd  in  their 
several  Governments,  from  laying  any  manner  of  duties 
on  shipping  or  trade  from  Europe,  or  upon  European 
goods  transported  from  one  Colony  to  another.  6*°- 
That  the  Acts  of  Parliament  relating  to  the  trade  and 
Government  of  the  Colonies  be  revis'd  and  collected 
into  one  distinct  body  of  laws,  for  the  use  of  the 
Plantations,  and  such  as  trade  with  them  etc.  From 
what  has  been  said  etc.,  it  is  plain  that  none  of  the 
English  Plantations  in  America  can  claim  an  absolute 
Legislative  power  within  themselves  etc.  and  cannot 
be  possessed  of  any  rightful  capacity  to  contradict  or 
evade  the  true  intent  of  any  Act  of  Parliament  etc. 
Argues  that  the  institution  of  negative  Councils  has 
contributed  to  the  mistake  of  Governors  and  Assemblies 
in  fancying  that  they  represent  the  King,  Lords  and 
Commons.  Continues : — For  so  long  as  the  King  has 
reserved  to  himself  in  his  Privy  Councill  the  considera- 
tion of,  and  a  negative  upon  all  their  laws,  the  method 
of  appointing  a  few  of  the  richest  and  proudest  men  in 
a  small  Colony,  as  an  upper  House  with  a  negative  on 
the  proceedings  of  the  King's  Lieutenant  Governor, 
and  the  People's  Representatives,  seems  not  only  to 
cramp  the  natural  liberty  of  the  subject  there,  but  also 


266  COLONIAL   PAPERS. 

1728. 


the  King's  just  power  and  prerogative  ;  for  it  often 
happens  that  very  reasonable  and  good  bills  etc.,  have 
been  lost  etc.  by  the  obstinacy  of  a  majority  in  the 
Council,  only  because  such  things  did  not  square  with 
their  private  particular  interest  and  gain,  or  with  the 
views  which  they  form  to  themselves  by  assuming  an 
imaginary  dignity  and  rank  above  all  the  rest  of  the 
King's  subjects  etc.  Proposes  that  the  Councils  should 
be  merely  Councils  of  State  to  advise  with  the  Governor 
and  be  constant  witnesses  of  all  public  transactions. 
Considers  the  state  of  Civil  Jurisdiction.  Continues  : 
It  is  generally  acknowledged  in  the  Plantations,  that 
the  subject  is  intitled  by  birthright  unto  the  benefit 
of  the  Common  Law  of  England  ;  But  then  as  the 
Common  Law  has  been  alter'd  from  time  to  time  and 
restricted  by  Statutes,  it  is  still  a  question  in  many 
of  the  American  Courts  of  Judicature,  whether  any  of 
the  English  Statutes,  which  do  not  particularly  mention 
the  Plantations,  can  be  of  force  there  untill  they  be 
brought  over  by  some  Act  of  Assembly  in  that  Colony 
where  they  are  pleaded ;  and  this  creates  such 
confusion,  that  according  to  the  art  or  influence  of  the 
lawyers  and  attornies  before  Judges  who  by  their 
education  are  indifferently  quallified  for  that  service, 
they  sometimes  allow  the  force  of  particular  statutes, 
and  at  other  times  reject  the  whole,  especially  if  the 
Bench  is  inclinable  to  be  partial,  as  too  frequently 
happens  in  those  new  and  unsettled  countries  ;  and  as 
men's  liberties  and  properties  in  a  country  chiefly 
depend  on  an  impartial  and  equal  administration  of 
Justice,  this  is  one  of  the  most  material  grievances 
which  the  subjects  in  America  have  just  cause  to 
complain  of ;  but  while  for  the  want  of  schools  and 
other  proper  instruction  in  the  principles  of  moral 
virtue,  their  people  are  not  so  well  qualified,  even  to 
serve  upon  juries,  and  much  less  to  act  upon  a  Bench 
of  Judicature  ;  it  seems  impracticable  to  provide  a 
remedy,  untill  a  sufficient  revenue  be  found  out 
amongst  them,  to  support  the  charge  of  sending  Judges 
from  England  to  take  their  circuits  by  turn  in  the 
several  Colonies  on  the  Main,  which  if  it  be  thought 
worthy  of  consideration  will  appear  neither  to  be 
improper  nor  impracticable  ;  and  untill  that  can  be 
done  all  other  attempts  to  rectifie  their  Courts  of  Law 
will  be  fruitless  and  may  be  suspended.  Courts  of 
Chancery  which  are  known  to  be  necessary  in  many 
cases  to  correct  the  severity  of  the  Common  Law, 
seem  to  subsist  there  on  a  most  precarious  foot,  for  it 
does  not  appear  that  there  is  a  proper  and  legal 


AMERICA  AND  WEST   INDIES.  267 

1728. 

authority  to  hold  such  a  Court  in  any  of  the  Colonies  ; 
nevertheless  by  custom  everywhere  some  kind  of 
Chancery  is  to  be  found  in  one  form  or  other ;  so  that 
when  a  rich  man  designs  to  contest  anything  in  dispute 
with  his  poor  neighbour,  if  he  can  continue  to  bring 
him  into  Chancery,  he  is  sure  the  matter  will  rarely 
or  never  be  brought  to  issue,  which  on  many  occasions 
proves  an  intolerable  oppression,  wherefore  it  is  hoped 
that  so  high  a  jurisdiction  issuing  immediately  from  the 
Crown  will  in  due  time  be  put  on  a  more  regular  and 
certain  establishment  abroad.  Militia.  The  people 
in  the  Plantations  are  so  few  in  proportion  to  the  land 
they  possess,  that  servants  being  scarce  and  slaves  so 
excessively  dear,  the  men  are  generally  under  a 
necessity  there  to  work  hard  themselves  in  order  to 
provide  the  common  necessaries  of  life  for  their 
families,  so  that  they  cannot  spare  a  day's  loss  of  their 
time  without  great  loss  to  their  interest,  wherefore  a 
militia  there  would  become  more  burthensome  to  the 
poor  people  than  it  can  be  in  any  part  of  Europe.  But 
besides,  it  may  be  questioned  how  far  it  would  consist 
with  good  policy  to  accustom  all  the  able  men  in  the 
Colonies  to  be  well  exercised  in  arms  ;  It  seems  at 
present  more  adviseable  to  keep  up  a  small  regular 
standing  force  in  each  Province  which  might  be 
readily  augmented  for  a  time  if  occasion  did  require  ; 
and  thus  in  case  of  war  or  rebellion  the  whole  of  the 
regular  troops  might  be  without  loss  of  time  united  or 
distributed  at  pleasure  ;  and  if  a  suitable  revenue  can 
be  raised  for  the  defence  and  support  of  the  Plantations, 
it  would  be  no  difficult  matter  both  to  form  and  execute 
a  proper  scheme  of  this  nature.  Land  is  so  plenty, 
and  to  be  had  so  very  cheap  in  America,  that  there  is 
no  such  thing  as  tenants  to  be  found,  for  every  man 
is  a  tenant  in  fee  of  what  he  possesses,  and  only  pays 
a  small  quitt  or  ground  rent,  to  the  Lord  of  the  soil, 
and  this  makes  it  impracticable  to  find  an  Assembly 
of  such  freeholders  in  any  of  the  Colonies,  who  will 
consent  to  lay  any  tax  upon  lands,  nor  indeed  is  to  be 
expected  they  should  voluntarily  agree  to  raise  any 
revenue  amongst  themselves,  except  what  is  absolutely 
necessary  for  erecting  and  supporting  Court  Houses, 
bridges,  highways  and  other  needfull  expences  of  their 
civil  Government,  which  is  commonly  levy'd  upon 
stock,  an  excise  on  forreign  liquors  retail'd  or  a  small 
poll-tax  ;  and  the  publick  there  is  generally  in  debt, 
because  they  are  extreamly  jealous  of  attempts  upon 
their  liberties,  and  apprehensive  that  if  at  any  time 
their  publick  treasury  was  rich,  it  might  prove  too 


268  COLONIAL   PAPERS. 

1728. 


great  a  temptation  for  an  artfull  Governour  in  con- 
junction with  their  own  Representatives  to  decide  the 
spoil  and  betray  them  etc.  Continues : — The  wisdom 
of  the  Crown  of  Great  Britain  by  keeping  its  Colonies 
{independent  one  upon  another]  is  very  much  to  be 
applauded,  for  while  they  continue  so,  it  is  morally 
impossible,  that  any  dangerous  union  can  be  found 
anongst  them,  because  their  interests  in  trade  and  all 
manner  of  business,  being  entirely  separated  by  their 
independency,  every  advantage  that  is  lost  or  neglected 
by  one  Colony  is  immediately  pick'd  up  by  another ; 
and  the  emulation  that  continually  subsists  between 
them  in  all  manner  of  intercourse  and  traffick  is  ever 
productive  of  envies  jealousies  and  cares,  how  to  gain 
upon  each  others  conduct  in  government  or  trade, 
everyone  endeavouring  thereby  to  magnifie  their  pre- 
tention  to  the  favour  of  the  Crown,  by  becoming  more 
usefull  than  their  neighbours  to  the  interest  of  Great 
Britain.  But  to  render  the  Colonies  still  more  con- 
siderable to  Britain,  and  the  managemt.  of  their  affairs 
much  more  easy  to  the  King  and  his  Ministers  at  home, 
it  wou'd  be  convenient  to  appoint  particular  officers 
in  England  only  for  the  dispatch  of  business  belonging 
to  the  Plantations  ;  for  often  persons  that  come  from 
America  on  purpose  either  to  complain  or  to  support 
their  own  just  rights  are  at  a  loss  how  or  where  to 
apply ;  this  uncertainty  does  not  only  fatigue  the 
Ministers,  but  frequently  terminates  in  the  destruction 
of  the  party,  by  his  being  referr'd  from  Office  to  Office, 
untill  both  his  money  and  patience  be  quite  wore  out ; 
such  things  in  time  may  cool  people's  affections  and 
give  them  too  mean  an  opinion  of  the  justice  of  their 
Mother  Country,  which  ought  carefully  to  be  prevented, 
for  where  there  is  Liberty  the  inhabitants  will  certainly 
expect  right,  and  still  have  an  eye  towards  obtaining 
it  one  way  or  other.  It  may  be  considered  therefore 
how  far  it  would  be  serviceable  to  put  all  the  Crown's 
Civil  Officers  in  the  Plantations  under  the  direction  of 
the  Board  of  Trade,  from  whom  they  might  receive 
their  several  deputations  or  appointments,  and  unto 
whom  they  ought  to  be  accountable  both  for  their 
receipts  and  management,  and  if  a  particular  Secretary 
was  appointed  for  the  Plantation  affairs  only,  or  if 
the  First  Lord  Commissioner  of  that  Board  was  per- 
mitted to  have  daily  access  to  the  King  in  order  to 
receive  H.M.  commands  in  all  business  relateing  to  the 
Plantations,  the  subjects  application  would  be  reduced 
into  so  narrow  a  compass  and  the  Board  of  Trade 
would  always  be  so  perfectly  acquainted  in  the  King's 


AMERICA   AND   WEST   INDIES.  269 

1728. 

pleasure,  that  great  dispatch  might  be  given  even  to 
those  distant  matters,  without  taking  up  too  much  of 
the  Ministry's  time,  and  interfiering  with  other  perhaps 
more  important  business  ;  the  people  of  the  Colonies 
would  be  pleas'd  to  find  themselves  thus  equally 
regarded,  without  giving  one  any  undue  preference  to 
another,  and  all  the  rents,  customes,  revenues  and  other 
profits  in  any  manner  arising  from  the  Plantations 
would  then  center  in  one  place,  where  another  proper 
member  of  the  same  Board  might  be  appointed 
Treasurer  of  that  particular  Revenue,  to  answer  all 
such  orders  as  should  be  issued  from  time  to  time  for 
the  Plantation  service ;  and  as  the  revenue  from 
America  would  in  all  probability  be  encreasing  daily, 
it  may  reasonably  be  expected,  that  the  expence  of 
paying  the  Board  of  Trade  and  other  Officers  wholly 
employed  in  Plantation  affairs,  which  is  now  born  by 
the  Civil  List,  would  then  more  properly  arise  and  be 
discharged  out  of  the  American  fund,  and  the  overplus 
remaining  would  in  time  become  a  most  usefull  stock 
for  purchaseing  of  Proprietary  lands,  erecting  forts,  and 
extending  the  present  settlements  as  far  as  the  Great 
Lakes,  or  might  be  applyed  to  such  other  uses  as  H.M. 
should  think  proper  for  that  service.  All  that  has  been 
said  with  respect  to  the  improvement  of  the  Planta- 
tions, will  signifie  very  little,  unless  a  sufficient  revenue 
can  be  raised  to  support  the  needfull  expence,  In  order 
to  which  it  is  humbly  submitted  whether  the  duties  of 
stamps  upon  parchment  and  paper  in  England  may  not 
with  good  reason  be  extended  by  Act  of  Parliament 
to  all  the  American  Plantations.  When  we  do  but 
cast  an  eye  upon  the  vast  tracts  of  land  and  immense 
riches,  which  the  Spanish  Nation  have  in  little  more 
than  one  century  very  oddly  acquired  in  America,  in 
so  much  that  the  simple  privilege  of  trading  with  them 
on  very  high  terms  too,  is  become  a  prize  worth  con- 
tending for  amongst  the  greatest  Powers  in  Europe, 
surely  we  must  on  due  reflection  acknowledge,  that  the 
preservation  and  enlargement  of  the  English  settle- 
ments, in  those  parts,  is  of  the  last  consequence  to  the 
trade  interest  and  strength  of  Great  Britain  etc.  With- 
out date,  signature  or  endorsement.  27  pp.  [C.O.  5,  4. 
Nos.  37,  37i.] 

Dec.  12.  514.  Report  upon  the  affairs  of  Carolina,  Nova  Scotia, 
New  England,  Sir  Wm.  Keith's  Memorial  and  the  Royal 
African  Company.  [  ?  Possibly  by  Martin  Bladen.  Ed.]  For 
settling  Carolina'.  The  Duke  of  Newcastle  to  direct  the  Lords 
of  the  Admiralty  to  report  to  H.M.  whether  it  may  not  be  for 


270  COLONIAL   PAPERS. 

1728. 

the  publick  service,  that  a  dock  with  store-houses,  and  magazins 
for  Naval  Stores,  provisions  and  ammunition  should  be  erected 
in  Port  Royal,  or  some  other  Port  in  South  Carolina,  and  to 
propose  the  necessary  establishment  and  charge  etc.     The  Duke 
of  Newcastle  to  direct  the  Board  of  Trade  to  prepare  Com- 
missions  and   Instructions   for   the   persons   whom   H.M.    has 
appointed  Governors  of  South  and  North  Carolina  etc.     It  might 
be  proper  at  the  same  time  to  referr  to  the  Commrs.  of  Trade 
copys  of  the  agreement  made  with  the  Lords  Proprietors  of 
Carolina,  and  of  all  other  papers  either  in  the  Treasury,  Secre- 
tarys  or  Councill  Office,  relateing  to  the  present  state  of  these 
two    Provinces,    that    the    Comrs.    may    be    the    better    able 
to  judge  what  additional  Instructions  may  be  necessary  for  the 
Governours  for  the  new  settling  of  these  Provinces.     If  a  dock 
is    to   be   establish'd   in    South  Carolina,  the   Lords   Commrs. 
of  Trade  should  be  directed  to  prepare  an  Instruction  for  the 
Governour,  requiring  him  to  give  all  possible  assistance  to  this 
undertaking,  and  likewise  to  represent  to  the  Assembly  what 
an  advantage  it  will  be  to  their  Province  in  particular,  and 
consequently  how  liberally  they  ought  to  contribute  to  so  good 
a  design.     Nova  Scotia.     For  the  importance  of  settling  this 
Province,  and  for  the  manner  of  doing  it,  be  pleas'd  to  call  for 
the  report  of  the  Board  of  Trade  of  the  14th  of  May  last,  and 
that  of  7th  June,  1727.     The  settling  of  this  country  will  in  time 
raise  a  considerable  revenue  to  the  Crown,  make  a  frontier 
against  our  French  neighbours,  and  draine  great  number  of 
inhabitants  from  New  England,  where  they  are  daily  aiming  at 
an  independency  and  very  much  interfere  with  the  trade  of 
their   Mother   Kingdom.     These   reports   now   lye   before   the 
Councill.     New  England.     By  the  last  accounts  from  thence, 
it  would  seem  the  Assembly  there  are  determin'd  not  to  comply 
with  H.M.  last  Order  in  Councill,  relating  to  Mr.  Burnet's  salary, 
and  that  they  will  abide  the  judgment  of  the  Legislature  in 
Great  Brittain.     This  being  a  matter  of  great  consequence  it 
should  be  thought  of  in  time,  both  as  to  the  thing  and  the  manner 
of  doing  it,  and  Gentlemen  should  be  early  aprized  of  the  King's 
intentions.     The  Board  of  Trade  should  likewise  collect  (tho' 
without  a  formal  Order)  the  several  instances  of  ill  behaviour 
in  that  Province,  and  the  many  particulars  wherein  they  inter- 
fere with  the  trade  and  interest  of  Great  Brittain.     Nothing 
can  effectually  cure  these  evils  but  the  repeal  of  their  Charter, 
and  the  providing  some  other  way  a  salary  for  their  Governour, 
which  may  render  him  independent  of  so  stubborn  and  seditious 
a  people.     There  are  several  other  reports  from  the  Board  of 
Trade  in  the   Council   and   Secretary's   Offices,   besides   those 
mentioned  in  this  Memorial.     But  these  are  the  matters  that 
require  most  immediate  dispatch.     It  would  certainly  be  for 
H.M.  service  that  whenever  a  Councill  is  appointed  for  Planta- 
tion matters,  notice  should  be  given  to  the  Board  of  Trade  that 


AMERICA   AND   WEST   INDIES.  271 

1728. 

some  one  Member  or  more  of  that  Board  might  allways  attend 
the  Councill  (during  my  Lord  Westmorland's  absence  from 
Town)  to  give  any  information  that  may  be  wanting  to 
explain  the  subject  matter  of  their  reports.  And  if  the  Councill 
would  be  pleas'd  to  set  apart  one  certain  day  in  every  week  for 
Plantation  affairs,  for  the  first  month  only,  and  one  day  in  a 
fortnight  afterwards,  I  am  persuaded  the  business  of  the  Colonys 
would  never  be  in  arrear.  Sir  Wm.  Keith's  Memorial.  The 
substance  of  this  Memorial  is  to  propose  that  the  Laws  relating 
to  the  Plantations  should  be  collected  under  proper  heads,  which 
is  already  done  by  the  Secretary  of  the  Customs,  and  that  some 
particular  regulations  should  be  established  for  the  Plantation 
trade,  some  of  which  are  very  unreasonable,  and  others  are 
already  made  or  provided  for  by  Instructions.  To  alter  the 
Constitution  of  the  Colonys,  by  takeing  away  the  share  which 
the  several  Councills  there  now  have  in  their  Legislatures  as 
separate  bodys,  representing  the  House  of  Lords  in  England, 
which  would  be  reducing  them  to  the  Scots  and  not  to  the 
English  standard,  to  consist  of  two  branches  only  and  not  of 
three.  To  send  Judges  to  the  several  Colonys  from  England 
well  skilled  in  the  Laws  would  be  a  very  good  thing  if  a  fund 
could  be  found  out  to  pay  them.  To  lay  aside  the  Militia  in  the 
Plantations  and  establish  a  standing  force  in  their  stead  is 
intirely  chimerical,  because  no  fund  can  possibly  be  found  of 
some  ages  in  the  Plantations  to  answer  that  end.  To  extend  the 
Stamp  Duty  to  the  Brittish  Colonys  in  America,  as  supposing 
that  might  raise  a  sufficient  fund  for  the  payment  of  the 
Governour,  Judges,  Standing  Army,  etc.  (which)  is  highly 
improbable,  tho'  it  is  possible  this  duty  might  raise  a  consider- 
able annual  sum  there  under  proper  management,  if  it  should 
be  adviseable  to  lay  it,  which  can  hardly  be  without  renouncing 
the  King's  right  to  the  four  and  a  half  per  cent,  at  present  pay- 
able in  Barbados  and  the  Leeward  Islands.  If  a  fund  could  be 
rais'd  for  payment  of  Governours,  and  Judges,  so  as  to  make 
them  independent  of  the  people  it  would  be  a  very  great  work 
done,  and  it  has  been  thought  a  considerable  summe  might  be 
raised  for  those  purposes  by  a  duty  upon  East  India  goods 
vended  in  the  Colonys.  I  have  seen  some  calculations  upon 
this  subject.  To  redress  the  delays  and  ill-management  the 
Plantation  affairs  are  now  lyable  to,  he  proposes  that  the  Board 
of  Trade  should  be  put  upon  another  footing,  and  amongst  other 
things  that  the  Head  of  that  Board  should  have  personal  access 
to  the  King,  as  the  Chief  of  the  Treasury  and  Admiralty  have, 
which  is  the  same  thing  that  was  proposed  some  years  ago  by  the 
Board  of  Trade  in  their  general  report  upon  the  state  of  the 
Colonys.  As  to  the  African  Company.  Quotes  Report  of  Board 
of  Trade,  17th  March,  1727.  Continues:—!  don't  conceive 
what  fruit  the  African  Company  can  hope  from  a  reference  to 
the  same  Board  upon  their  new  petition  etc.  Advises  that  the 


272  COLONIAL   PAPERS. 

1728. 


Company  be  left  at  liberty  to  present  their  petition  to  the  House 
of  Commons,  and  that  the  Ministry  should  then  take  such  part 
in  it  as  may  be  most  consonant  to  the  reason  of  the  thing,  and 
the  inclination  of  the  House.  The  reports  of  the  Board  of  Trade 
might  then  be  ordered  to  be  lay'd  before  the  House  etc.  21  pp. 
[C.O.  323,  8.  Nos.  102,  102  i  ii ;  and  (enclosures  only  without 
signature  or  endorsement)  5,  4.  No.  37.] 

Dec.  12.  515.  John  Lovick,  Secretary  of  North  Carolina,  to  the 
NO.  Carolina.  Council  of  Trade  and  Plantations.  Abstract.  The  long  con- 
tested affair  of  the  boundary  between  Carolina  and  Virginia 
having  been  settled  and  the  line  run  in  Oct.  last,  he  transmitted 
to  the  Lords  Proprietors  the  Journals  of  the  Commissioners,  with 
a  plan  of  the  boundary  agreed  to,  "  which  I  had  no  sooner  done 
than  we  had  the  joyful  news  that  their  Lordships  had  surrendered 
their  Province  to  H.M.,  which  was  received  here  with  the  most 
universal  satisfaction  ;  their  Ldps.  having  for  many  years  past 
thought  little  of  us,  and  their  Governor  Sir  R.  Everard  by  his 
weakness  and  indiscretion  had  run  us  into  the  utmost  confusion 
and  disorder  and  rendered  the  administration  contemptible  and 
odious  to  allmost  every  person  "  etc.  Sends  duplicates  of  said 
Journals  and  plan  etc.  Set  out,  N.C.  Col.  Rec.  III.  i.  Signed, 
John  Lovick.  Endorsed,  Reed.,  Read  8th  July,  1729.  l£  pp. 
Enclosed, 

515.  i.  Journal  of  proceedings  of  the  Commissioners  for 
running  the  line  betwixt  Carolina  and  Virginia,  March 
6 — April  6th.  With  preliminary  correspondence  be- 
tween Lt.  Gov.  Sir  R.  Everard  and  Lt.  Governor  Gooch. 
Conclude  :• — April  6th.  This  day  the  plans  and 
draughts  of  the  line  so  far  determined  were  inter- 
changeably signed  by  the  respective  Commissioners 
etc.  (it  having  been  decided  to  adjourn  till  the  fall, 
"  the  hot  weather  coming  on  and  the  season  for  snakes 
and  other  vermin."  The  Commissioners  for  Carolina 
hope  it  will  be  approved  of  by  the  Lords  Proprietors 
and  give  a  general  satisfaction  to  the  country  by  ending 
the  dispute  that  has  so  long  subsisted  between  the  two 
Govmts.  and  by  making  such  large  requisitions  to  their 
Lordships'  Country,  when  nothing  less  than  coming  to 
the  Wiccons  Creek  was  depended  on  in  Virginia,  which 
would  have  taken  from  what  is  now  made  this  country 
a  tract  of  land  15  miles  wide  at  Wiccons  and  so  quite 
back  and  a  great  many  hundred  families  etc.  And  had 
it  gone  a  few  miles  more  northernly  that  by  taking 
Nansemond  River  would  have  given  us  a  port  for 
shipping  tobacco  which  the  Virginians  by  their  hard 
tobacco  act  have  restrained,  and  would  have  made  this 
a  large  and  most  flourishing  country."  Signed,  J, 


AMERICA  AND  WEST  INDIES.  273 

1728. 

Lovick,  E.  Moseley,  W.  Little,  C.  Gale.     Same  endorse- 
ment.    32  pp. 

515.  ii.  Continuation  of  the  Journal  of  preceding,  20th  Sept. 

7th  Oct.,  1728.  Alter  running  the  line  from  Currituck 
inlet  to  the  Southern  branch  of  the  Roanoake  river, 
about  170  miles  and  near  50  miles  without  the  inhabi- 
tants, and  being  of  opinion  that  it  was  run  as  far  as 
would  be  requisite  for  a  very  long  time,  and  carrying 
it  further  would  be  a  needless  charge,  the  Commis- 
sioners for  Carolina  entered  their  protest  against  pro- 
ceeding further  and  dissent  from  any  bounds  fixed  by 
the  Virginians  who  desired  to  continue.  Plans  for  the 
boundary  as  far  as  they  had  gone  were  drawn  and 
mutually  signed,  7th  Oct.  Signed  as  preceding. 
Same  endorsement.  9  pp. 
515.  iii.  Memorandum  of  plan  sent  to  the  Lords  Proprietors. 

'  Vide.  Book  of  Maps."     Same  endorsement.     I  p. 
515.  iv.  Address  of  the  Council  of  N.  Carolina  to  the  King. 
Secretaries    Office.     Dec.    12,    1728.     It   is   with   the 
greatest  pleasure  we  receive  the  notice  of  your  Majesty's 
having  taken  this  Government  under  your  immediate 
direction  etc.     On  this  happy  and  joyfull  occasion  we 
assure  you  that  we,  as  well  as  the  people  in  general, 
are  intirely  devoted  to  your  royal  person  and  most 
illustrious  family  etc.     Beg  leave  to  lay  before  H.M. 
"  the  state  of  this  unhappy  Province,  which  tho'  of 
small  accompt  in  respect  of  some  others,  yet  of  late  is 
very  much  improved,"     and   we   have   the   pleasing 
prospect  from  that  support  of  authority  and  encourage- 
ment of  our  trade  and  commerce  which  we  do  promise 
ourselves,  now  your  Majesty  has  taken  us  under  your 
care,  that  it  will  soon  become  a  flourishing  Colony  and 
beneficiall  to  the  Crown  etc.     "  The  government  had 
grown  so  weak,  that  without  this  alteration  it  could 
not    have    subsisted    much    longer,    but    must    have 
dwindled   and   sunk  into  the  utmost   confusion  and 
disorder,  and  we  cannot  attribute  the  cause  to  any- 
thing but  the  great  incapacity  and  weakness  of  our 
present  Governor,  whose  behaviour  is  so  extraordinary 
that  every  day  produces  some  extravagant  action  etc. 
We  feel  oppression  and  arbitrary  power,and  assure  our- 
selves your  Majesty  will  not  suffer  a  person  to  preside 
over  us  who  has  no  other  notions  of  Government,  than 
as  it  gives  him  power  to  act  as  he  pleases  etc.     Represent 
the  following  instances  : — (i)  He  frequently  abuses  the 
Council  when  sitting ;    if  he  proposes  anything,  let  it 
be  ever  so  unreasonable  or  unwarrantable,  it  must  be 
done  ;    it  we  cannot  approve  of  it  etc.,  we  are  sure  of 
having  the  worst  of  language  and  threats  etc.,  and  after 


C.P.  xxxvi— is 


274  COLONIAL   PAPERS. 

1728. 


that  he  generally  leave  the  Board.  He  makes  for  him- 
self what  fees  he  thinks  proper,  though  there  is  a  table 
of  fees  established  by  law,  and  notwithstanding  the 
Assembly  and  people  in  general  have  complained  of  his 
exacting  exorbitant  fees,  he  still  continues  it  etc.,  and 
declared  in  open  Court  that  he  did  not  regard  the  laws 
of  the  country  at  all.  It  is  unexpressible  the  dayly 
quarrels  that  happen  about  his  family,  which  he  seems 
to  make  of  more  weight  than  the  most  important 
affairs  of  Government ;  and  if  he  fancies  any  one  is 
not  affected  to  him  or  his  family  (which  is  a  pack  of 
rude  children  who  give  offence  every  day)  they  are 
sure  upon  the  least  occasion  to  be  severely  prosecuted, 
as  very  lately  happened  to  a  young  Gent  here,  who 
having  disgusted  one  of  the  young  ones,  the  Governor 
took  out  an  action  of  scandal  against  him,  and  laid  the 
damage  for  £5000  sterl.  and  gave  strict  orders  to  the 
officer  to  put  him  into  the  common  gaol,  unless  extra- 
ordinary good  security  was  found  ;  and  withall  gave 
out  menacing  speeches,  that  he  would  see  who  would 
dare  to  be  the  gentleman's  bail,  which  frightened 
many,  but  to  prevent  so  harsh  a  thing,  the  Secretary 
and  Attorney  General,  at  last  after  they  had  in  vain 
remonstrated,  became  bail,  and  thereby  drew  the 
Governor's  heaviest  resentment  upon  them  etc.  After 
this  he  would  have  this  business  examined  in  Council 
etc.  We  found  it  only  a  very  idle  story  of  one  of  the 
children  and  begg'd  the  Governor  to  drop  it,  but  he 
held  the  poor  Gent  to  bail,  till  our  General  Court,  and 
then  had  not  one  word  to  say  to  it,  etc.  He  has  set  up 
a  sort  of  Inquisition,  and  when  anyone  is  noted  down 
for  an  offender,  issues  his  orders  or  warrant  for  the 
servants  of  the  person  to  attend  at  his  own  house, 
where  they  are  interrogated  upon  oath  before  him  and 
his  Lady  (and  if  they  boggle  at  the  oath  they  are 
threatned  with  the  gaol)  and  the  general  questions 
are  what  they  have  heard  their  master  or  mistress  say 
of  the  Governor  and  his  family  etc.  Prosecutions  have 
been  ordered  from  these  examinations,  and  if  such  a 
practice  is  not  stop'd  the  consequence  may  prove  very 
fatal,  it  being  a  sure  way  to  lead  servants  into  perjury 
etc.  One  of  the  Council  undertook  to  advise  the 
Governour  against  such  a  wonderfull  proceeding  etc., 
for  which  he  was  assaulted  by  the  Governour  and 
received  the  most  injurious  language  that  could  be 
uttered.  At  other  times  when  he  has  puzled  himself 
with  these  family  disputes  and  jarrs,  he  sends  his 
commands  to  the  Chief  Justice  to  committ  or  bind 
over  or  whatever  first  comes  into  his  head  ;  and  if  the 


AMERICA   AND   WEST   INDIES.  275 

1728. 

Chief  Justice  lets  him  know  he  cannot  lawfully  obey 
him,  then  the  Judge  is  immediately  threatned  with 
the  gaol  and  suspension  etc.  If  anything  is  brought 
into  Court  that  concerns  even  the  meanest  of  his 
servants,  he  is  sure  to  be  present ;  and  if  the  Court 
will  not  act  just  in  the  manner  he  would  have  them  he 
immediately  puts  on  a  face  and  lets  them  know  he  is 
Governor,  and  will  protest  against  their  proceedings, 
and  then  affronts  and  abuses  them  upon  the  Bench, 
which  exceedingly  discourages  the  Court  and  spirits 
on  others  to  do  the  like,  and  weakens  their  authority 
etc.  Very  lately  there  being  a  miscreant  prosecuted 
for  cursing  your  Sacred  Majesty  and  traducing  your 
Government,  upon  whose  tryal  the  Governor  suffered 
his  son  (as  profligate  a  creature  as  the  criminal)  to  be 
of  Council  for  him  ;  when  just  as  the  Judge  was  going 
to  pronounce  sentence,  and  was  telling  him  the 
heinousness  of  his  crime,  the  Governour  rush'd  into 
Court  and  pretending  he  had  business  of  his  own, 
interrupted  the  Judge  and  menaced  the  Court  for  not 
breaking  off  the  business  they  were  upon,  to  hear  him. 
This  instance  we  should  not  have  been  so  particular 
in,  if  we  had  not  the  most  convincing  reasons  before 
to  believe  he  had  not  that  duty  and  affection  for  your 
Majesty  etc.  all  good  subjects  ought  to  have  ;  for  he 
has  had  the  weakness  as  well  as  wickedness  to  boast 
of  his  being  concerned  (tho'  not  publickly  known)  in 
the  Preston  rebellion,  and  it  has  been  with  some 
difficulty  he  has  been  prevented  from  signalizing  the 
tenth  of  June  with  us  ;  and  on  the  much  lamented 
news  of  the  death  of  our  most  gracious  Sovereign  Your 
royal  Father  of  glorious  memory,  he  with  the  greatest 
exultation  said  upon  it  with  an  oath,  Then  Adieu  to  the 
Hannover  Family,  we  have  done  with  them  etc.  Pray 
for  relief  from  such  a  Governor  etc.  Signed,  Wm.  Reed, 
Tho'  Pollock,  C.  Gale,  Tho.  Harvey,  Jno.  Palin,  Richd. 
Sanderson,  Francis  Foster,  Robert  West,  J.  Worley, 
Edmd.  Gale,  J.  Lovick.  Same  endorsement.  Copy 
(the  original  sent  to  the  D.  of  Newcastle).  9  pp. 
[C.O.  5,  1267.  ff.  38,  38v.,  39v.-55v.,  56v.,  58-62i;., 
QSv.-QS,  69u.] 

D       15          516.     Jer.  Dunbar  to  David  Dunbar.     Proposes  to  go  to 
Boston.  '     Casco  Bay  and  seize  timber  illegally  cut  down,  as  soon  as  the 
snow  falls  etc.     Signed,  Jer.  Dunbar.     Copy.     If  pp.     [C.O.  5, 
898.     No.  50.] 

Dec.  16.         517.     Arthur    Slade    to    David    Dunbar.     Soon    after    my 
Boston.       arrival  in  Boston  I  took  my  progress  through  the  woods  and 


276  COLONIAL   PAPERS. 

1728. 

find  the  woods  in  N.  Hampshire  allmost  destroy'd,  so  that  if 
our  Instructions  be  not  supported  by  an  Act  of  Parliament 
forbidding  the  cutting  of  white  pine  trees  of  any  dimentions 
whatever,  as  well  in  townships  as  out  of  townships,  H.M.  in  few 
years  will  have  but  a  small  supply  of  masts  out  of  this  Province  ; 

1  proceeded  into  Maine  and  so  to  Casco  Bay  where  the  America 
was  loading  with  masts  for  H.M.  yards.     This  Province  abounds 
with  plenty  of  white  pine  trees  and  white  oaks  growing  on  a 
blewish  clay,  preferable  for  plank  to  any  H.M.  yards  is  suppl'yd 
with  from  the  Eastern  parts.     I  heartily  wish  the  Government 
would  make  an  experiment  therein.     Desires  to  know  whether 
these  white  oaks  fit  for  H.M.  service  are  not  also  to  be  preserved 
etc.     Asks  him  to  represent  to  the  Admiralty  that  he  may  have 
travelling  expenses  like  former  Surveyors  etc.     Continues  : — 
Here  is  a  ship  of  400  tuns  at  Piscadaway  loading  with  fine 
kelson  pieces  4in.  and  Sin.  plank,  the  kelson  pieces  are  from 
70  to  50  foot  long  fine  white  oak  timber  and  plank  preferable 
to  any  serv'd  into  any  of  H.M.  yards  in  England,  this  ship  loads 
twice  a  year  to  Spain.    Suggests  that,  It  would  be  more  for  H.M. 
interest  to  reserve  such  fine  long  timber  for  H.M.  own  use, 
which  is  and  will  be  so  much  wanted  in  England  etc.     Proposes 
to  visit  Casco  Bay  etc.     A  small  schooner  will  be  needed  to 
attend  them  in  Nova  Scotia.     Signed,  Aurthur  Slade.     Copy. 

2  pp.     Enclosed, 

517.  i.  Account  of  (34)  masts  (8)  bowsprits  and  (20)  yards 

shipped  for  H.M.  service  on  board  the  America,  and 
of  others  cut  and  marked  in  the  woods  of  Maine. 
Copy,  f  p.  [C.O.  5,  898.  Nos.  51,  51  i.] 

Dec.  16.  518.  Governor  Worsley  to  the  Duke  of  Newcastle.  Refers 
Barbados,  to  enclosures.  Continues  : — The  Assembly  the  7th  instant  did 
at  last  condecend  to  send  two  Members  to  me,  it  being  the  first 
time  they  have  done  it  for  this  year  and  half  last  past,  to  know 
my  pleasure  to  what  time  they  should  adjourn,  whereupon  I 
adjourned  them  to  this  day,  when  they  sent  again  two  other 
Members  to  know  my  pleasure  to  what  time  they  should  be 
further  adjourned  ;  unwilling  to  give  them  any  occasion  of 
saying  I  have  harrased  them,  and  finding,  that  as  the  Holydays 
were  near,  they  had  a  mind  to  have  a  little  respite,  I  adjourn'd 
them  to  the  17th  of  the  next  month.  'Tis  surprizing  to  me  to 
find  the  Assembly  can  complain  of  long  adjournments,  which 
has  prevented  them  from  proposing  any  bills  for  the  advantage 
of  trade,  when-the  very  Minutes  of  this  Assembly  will  shew  how 
often  they  have  adjourn'd  themselves,  without  proposing  any 
bill  for  that  end.  Signed,  Henry  Worsley.  2  pp.  Enclosed, 

518.  i.  List  of  (13)  causes  at  the  Grand  Sessions  of  Barbados, 

10th— 12th  Dec.,  1728.  Signed,  Wm.  Coulthred, 
Dept.  Cl.  Coron.  I  p. 


AMERICA   AND   WEST   INDIES.  277 

1728. 

518.  ii.  Address  of  the  Grand  Jury,  at  the  Grand  Sessions  of 
Barbados,  10th—  12th  Dec.,  1728,  to  the  King.  Express 
affection  and  gratitude  to  their  glorious  Benefactor, 
especially  for  continuing  Governor  Worsley,  whose 
enemies  themselves  must  allow  to  be  free  from  those 
vices  and  corruptions  some  others  have  been  thought 
too  much  tainted  with  etc.  Signed,  as  No.  iv.  1  p. 

518.  iii.  Address  of  Same  to  Governor  Worsley.  Express 
satisfaction  at  the  renewal  of  his  very  just,  equal  and 
mild  administration  etc.  Commend  his  religious  care 
to  support  the  prerogative  of  the  Crown,  whilst  strictly 
preserving  all  those  libertys  and  priviledges  which  the 
people  here  derive  from  it  etc.  Same  signatures.  1  p. 

518.  iv.  Address  of  Same  to  Chief  Justice,  Samuel  Barwick. 
Return  thanks  for  his  services,  which  justify  H.E.'s 
appointment  of  him  etc.  "As  an  instance,  we  ought 
not  to  forget  that  recent  one  of  your  Honour's  adhering 
with  an  unalterable  resolution  to  the  express  words 
of  his  Most  sacred  Majesty's  Royal  Instructions  in  a 
matter  that  immediately  concerned  the  Prerogative 
of  the  Crown,  as  being  well  assured  that  an  attempt 
to  make  the  least  invasion  of  that  sort,  would  so  far 
tend  to  subvert  our  happy  establishment,  and  render 
us  unworthy  of  those  glorious  privileges  and  advantages 
which  we  have  hitherto  enjoyed  etc.  Your  Honour's 
conduct  is  a  proof  that  persons  of  the  largest  possessions 
(provided  they  are  endued  with  probity  and  honour) 
will  always  have  the  true  interest  of  it  at  heart  "  etc. 
Signed,  John  Lewis,  Robt.  Taylor,  Will.  Taylor,  Wm. 
Goddard,  John  Todd,  John  Griffith,  Tho.  Bedford, 
Edwd.  Lovell,  John  Pollard,  Saml.  Barwick  jr.,  Joshua 
Ewing,  Tho.  MacColloch,  Joseph  Francklin,  Thorn. 
Hayes,  Phillip  Rudder,  Joseph  Pinge.  1  p. 

518.  v-vii.    Duplicates  of  Nos.  ii-iv.      [C.O.  28,  44.     Nos. 

131,  131  i-vii.] 

Dec.  16.         51  9-     Governor  Worsley  to  the  Council  of  Trade  and  Planta- 
Barbados.     tions.     Duplicate    of    preceding,    mutatis    mutandis.     Signed, 

Henry  Worsley.     Endorsed,  Reed.  19th  Feb.,  Read  20th  May, 

172f  .     2  pp.     Enclosed, 

519.  i-iv.    Duplicates  of  encl.  i-iv  supra.      Endorsed,    Reed. 

19th  Feb.,  172|.     [C.O.  28,  20.    ff.  127,  127z;.,  128t;.- 


Dec.  17.         520.     Paul  Richard  to  George  (Charles)  Delafay.     Announces 

New  York,    death  of  Col.  John  Riggs  from  plurisy.     Capt.  Richard  Riggs 

immediately  went  to  weight  upon  H.E.  at  Burlington  for  a 

commission  to  succeed  him  etc.,  and  goes  to  England  to  solicite 

vour  favour  in  having  it  confirmed  for  the  good  of  the  family 


278 


COLONIAL   PAPERS. 


1728. 


Dec.  17. 

Whitehall. 


Dec.  18. 

Whitehall. 


Dec.  18. 


Dec.  19. 


Dec.  19. 

Charles 
Town. 


Dec.  19. 

Whitehall. 


etc.     Signed,  Paul  Richard.     Endorsed,  R.  19th  Feb.   Addressed. 
I  p.     [C.O.  5,  1092.     No.  71.] 

521  .  Mr.  Popple  to  Mr.  Fane.  Encloses,  for  his  opinion  in 
point  of  law,  Act  of  Antigua,  1728,  for  making  a  settlement  on 
H.E.  the  Rt.  Hon.  Thomas  Earl  of  Londonderry,  during  his 
government  and  personal  residence  etc.  [C.O.  153,  14.  p.  406.] 

522.  Same  to  Same.    Asks  for  opinion,  in  relation  to  clauses 
5  to  7  of  Act  to  encourage  the  trade  to  Newfoundland,  what  title 
the  possessors  may  have  to  any  houses,  stages  etc.  which  they 
claim  by  vertue  of  clause  7  ;    whether  they  have  an  inheritance 
therein,  or  only  an  estate  for  life,  and  whether  the  same  be 
alienable  ?     [C.O.  195,  7.     pp.  156,  157.] 

523.  Governor   Montgomerie   to   the   Duke   of  Newcastle. 
Acknowledges  Instructions  relating  to  Surveyor  General  of  the 
Woods  and  form  of  prayer  for  the  Royal  Family.     Encloses 
copy  of  his  letter  to  the   Council  of  Trade  and  Plantations. 
Continues  :  —  If  your  Grace  approves  of  this  way  of  transmitting 
my  informations  I  shall  continue  it  etc.     Col.  Riggs  Capt.  of  one 
of  the  Companies  here  being  dead,  I  have  ordered  Richard  Riggs 
the  Capt.  Lieut,  to  be  posted  in  his  place,  and  Charles  Congreve 
to  be  Lieut,  to  my  Company.     Prays  his  Grace  to  recommend 
them  for  commissions  etc.     Signed,  J.  Montgomerie.     Endorsed, 
R.  Jan.  13th.     Holograph.     2  pp.     Enclosed, 

523.  i.  Duplicate  of  letter  to  Council  of  Trade,  30th  Nov., 

1728.     7  pp.     [C.O.  5,  983.      ff.  10,  10v.,  llv-18v.] 

524.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Reply  to  No.  522.     I  am  of  opinion  that  by  the  words  of  this 
clause  an  estate  for  life  only  passes  to  the  possessors  and  conse- 
quently a  right  of  alienation  only  for  that  interest,  for  reasons 
given.     Signed,  Fran.  Fane.     Endorsed,  Reed.,  Read  19th  Dec., 
1728.     l%pp.     [C.O.  194,  8.     ff.  183,  183v.,  184i;.j 


525.  President   Middleton   to   the   Council   of  Trade   and 
Plantations.     Expresses  his  hearty  concurrence  with  the  Council 
in  all  their  proceedings  described  in  their  Representation  to  the 
King,  which,  he  presumes,  will  be  referred  to  them  etc.     v.  July 
2,  1729.     Signed,  Ar.  Middleton.     Endorsed,  Reed.  1st.  April, 
Read  16th  July,  1729.     1  p.     [C.O.  5,  360.    ff.  155,  156i;.] 

526.  Council  of  Trade  and   Plantations  to  the  Duke  of 
Newcastle.     His    Grace    the    Duke    of   Montague    having   laid 
before  us  the  copy  of  a  letter  which  he  received  from  Barbados 
in  relation  to  Sta.  Lucia,  and  to  the  consequences  which  are  to 
be  feared,  from  the  French  King's  subjects  taking  possession  of 
that  Island,  enclose  extract  thereof  for  H.M.  directions  upon  a 


AMERICA   AND   WEST   INDIES.  279 

1728. 

matter  of  so  great  importance  to  his  Sugar  Islands  in  America. 
Autograph  signatures.     1  p.     Enclosed, 

526.  i.  Extract  of  letter  from  John  Bennet  to  the  Duke  of 

Montagu.  Barbadoes,  14th  Sept.,  1728.  Concludes ; 
(after  compliments],  I  am  able  to  give  the  strongest 
reasons  in  the  world,  that  if  we  don't  secure  that 
island  [Sta.  Lucia],  we  shall  be  outed  of  all  the 
Charibbees,  and  consequently  of  the  whole  sugar 
trade.  The  French  be  they  never  so  good  allies,  are 
the  only  persons  that  we  are  to  dread  in  those  parts. 
Copy.  1  p.  [C.O.  253,  1.  Nos.  36,  36  i ;  and 
(without  enclosure)  29,  15.  p.  105.] 

Dec   20          527.     Council   of  Trade  and   Plantations  to  the   Duke   of 
Whitehall.    Newcastle.     Enclose  following,  to  be  laid  before  H.M.       Auto- 
graph signatures.     1  p.     Enclosed, 

527.  i.  Same  to  the  King.     In  reply  to  18th  Oct.,  represent 

that,  the  Fishery  of  Newfoundland  ever  since  your 
Majesty's  subjects  have  been  possess 'd  of  it,  has  been 
esteem'd  a  very  important  branch  of  the  British 
Commerce,  it  has  constantly  been  the  object  of  the 
Government's  care,  has  frequently  been  regulated  by 
Orders  in  Council  and  Royal  Charters,  sometimes  by 
Acts  of  Parliament,  and  very  particular  Instructions 
are  annually  given  to  the  Commodores  appointed  to 
attend  that  station  for  the  good  Government  and 
regulation  of  this  Fishery.  But  as  my  Lord  Vere 
Beauclerk  very  justly  observes  (Oct.  18),  the  ill  conduct 
of  the  Garrison,  the  disorders  of  the  Inhabitants,  the 
pretentious  set  up  to  the  best  fishing  stages  under 
colour  of  a  certain  clause  in  the  Act  of  the  10th  and 
llth  Wm.  Ill,  and  of  titles  purchased  from  the  late 
French  inhabitants  at  Placentia  since  the  Peace  of 
Utrecht,  by  permission  from  her  late  Majesty  Queen 
Anne  in  exclusion  of  the  fishing  ships,  the  want  of 
sufficient  powers  in  the  Commodore  for  enforcing  the 
several  provisions  made  by  the  aforesaid  Act,  and  the 
general  contempt  of  the  authority  vested  by  law  in 
fishing  Admirals  (who  are  the  Captains  of  fishing 
ships  first  arriving  in  the  respective  harbours)  have 
reduced  the  Fishery  to  a  very  bad  condition,  and  unless 
proper  remedys  be  applyed  in  all  probability,  we  shall 
in  time  be  entirely  deprived  of  those  advantages  the 
Nation  has  heretofore  reap'd  from  this  trade,  which 
besides  the  profitable  returns  it  has  brought  us  home 
from  foreign  markets  has  been  a  considerable  nursery 
for  sailors  and  a  main  support  to  the  British 
Navigation.  Complaints  of  this  nature  we  have 
frequently  received  from  the  Commodores  upon  the 


280  COLONIAL   PAPERS. 

1728. 


Newfoundland  Station,  and  we  have  not  been  wanting 
in  our  endeavours  to  prevent  so  great  a  damage  to  the 
Kingdom,  as  the  loss  of  this  Fishery  would  be,  by 
representing  from  time  to  time  the  declining  state  it 
was  in,  and  by  offering  such  methods  as  in  our  opinion 
might  best  contribute  to  redress  the  disorders  it  now 
lyes  under,  more  particularly  by  our  reports  etc.  March 
2,  1716,  and  Dec.  19,  1718  etc.  (enclosed  and  described). 
From  these  reports,  your  Majesty  may  be  inform'd 
that  whilst  this  trade  was  in  a  flourishing  condition, 
it  was  carryed  on  by  Merchant  Adventurers  only, 
chiefly  from  the  Western  parts  of  England,  that  the 
sailors'  wages  depended  intirely  upon  the  success  of 
the  voyage,  which  ingaged  their  utmost  industry  in 
the  Fishery,  and  the  vessels  clearing  for  Newfoundland 
being  obliged  yearly  to  carry  out  a  certain  proportion 
of  green  men,  who  had  never  been  before  at  sea,  this 
trade  did  greatly  encrease  the  number  of  our  sailors. 
But  these  laudable  customs  have  of  late  been  too 
much  neglected  to  the  great  detriment  of  our  Trade 
and  Navigation,  and  one  half  of  this  Fishery  is  at 
present  in  the  hands  of  people  whose  labours  do  not 
redound  so  much  as  they  ought  to  do,  to  the  advantage 
of  Great  Britain.  For  in  process  of  time  certain 
persons  who  had  no  share  in  the  fishing  ships,  tempted 
by  the  advantage  arising  from  this  trade,  began  to 
embark  as  passengers  with  their  servants  and  purchase 
boats  to  fish  in  on  their  own  account  in  Newfoundland, 
for  which  reason  they  were  and  still  are  call'd  by-boat- 
keepers  ;  and  these  people  pay  but  small  regard  to  the 
fishing  laws.  The  inhabitants  likewise  of  Newfound- 
land settled  there  under  the  protection  of  sundry 
proprietors  to  whom  the  Kings  of  England  have 
formerly  made  grants  of  different  parts  of  that  island, 
have  long  had  a  share  in  this  Fishery ;  for  your 
Majesty's  Royal  Ancestors  ever  since  the  reign  of  King 
Henry  the  Seventh  have  been  the  lawfull  Lords  of 
Newfoundland,  notwithstanding  the  several  pretentions 
and  encroachments  of  foreign  Nations.  As  the  fishing 
ships,  sometimes  have  not  been  able  to  export  to 
foreign  markets  all  the  fish  made  by  their  own  boats, 
and  much  less  what  has  been  taken  by  the  by-boat- 
keepers  and  inhabitants,  it  became  necessary  that 
other  vessels  should  attend  for  that  service  and  these 
were  called  sack  ships,  for  it  is  computed  that  the 
by-boat-keepers  and  inhabitants  do,  communibus  annis, 
catch  as  much  fish  as  the  merchant  adventurers.  And 
there  is  no  manner  of  doubt  that  the  coast  and  banks 
of  Newfoundland  under  proper  regulation  might  afford 


AMERICA  AND   WEST  INDIES.  281 

1728. 

a  sufficient  harvest,  to  reward  the  industry  of  all 
persons  any  ways  concern'd  in  this  Fishery.  But  by 
the  annual  returns  by  the  Commodores  upon  this 
station  we  find  that  these  different  interests  too  fre- 
quently clash  and  are  detrimental  to  each  other,  that 
the  Garrison  likewise  contrary  to  your  Majesty's  express 
Instructions  interfere  in  the  Fishery,  that  the  soldiers 
retail  great  quantities  of  strong  liqouers  whereby  the 
sailors  and  fishermen  are  debauch'd  ;  that  the  inhabi- 
tants for  want  of  persons  properly  impower'd  to 
administer  justice  amongst  them  in  the  winter  season, 
frequently  pull  down  the  stages  erected  by  the  fishing 
ships,  destroy  the  woods  and  live  in  a  perfect  state  of 
Nature  without  regard  to  laws,  divine  or  humane, 
that  most  of  the  regulations  of  the  Act  of  10th  and  llth 
Wm.  Ill,  for  want  of  penaltys  to  enforce  their 
execution  are  become  of  no  effect,  that  the  conduct 
of  the  inhabitants  and  by-boat-keepers  is  in  many  other 
respects  highly  detrimental  to  this  trade,  more  particu- 
larly, for  that  by  their  means,  wages,  and  consequently 
the  price  of  fish,  annually  increases,  and  that  consider- 
able numbers  of  our  saylors  are  every  year  inticed  away 
to  New  England  by  the  Factors  of  that  country  residing 
in  Newfoundland,  who  have  premiums  allow'd  for  that 
purpose,  and  make  exorbitant  advantages  of  the 
necessity  the  inhabitants  are  under,  whereby  this 
Fishery  which  in  it's  first  institution  was  wisely  in- 
tended to  be  a  nursery  of  sailors  for  the  service  of  Great 
Britain,  far  from  answering  that  end,  is  becoming  a 
dangerous  drain  from  the  Mother  Kingdom  to  encrease 
the  shipping  of  a  Colony  negligent  of  the  Laws  of 
Trade  and  Navigation,  frequently  encroaching  upon 
your  Majesty's  Royal  Prerogative,  and  too  much 
inclined  to  Independence.  These  disorders  demand  a 
speedy  cure,  and  an  entire  one  cannot  be  had  without 
assistance  from  the  Legislature  ;  for  which  reason  by 
our  report  of  19th  Dec.,  1718,  this  Board  humbly 
offered  to  his  late  Majesty  certain  proposals  calculated 
for  that  purpose,  a  copy  whereof  we  now  etc.  humbly 
submit,  that  in  case  the  same  or  any  part  of  them 
should  be  approved  by  your  Majesty,  timely  care  may 
be  taken  to  prepare  a  bill  to  the  like  effect,  and  leave 
obtain'd  for  bringing  the  same  this  session  into  Parlia- 
ment. There  are  some  particulars  however  that  may 
be  corrected  by  your  Majesty's  own  authority  without 
the  interposition  of  Parliament,  namely  the  irregularity 
of  the  Garrison,  and  the  great  disorders  committed  in 
the  winter  season  by  the  inhabitants.  As  to  the 
present  Lieut.  Governor  of  Placentia  he  has  given  so 


282  COLONIAL   PAPERS. 

1728. 


many  occasions  for  complaint,  that  this  Board  has 
more  than  once  reported  their  opinion  of  his  conduct  ; 
and  we  would  humbly  submit,  whether  it  be  for  your 
Majesty's  service  that  so  disorderly  a  person  and  so 
regardless  of  your  Royal  Instructions  should  be 
permitted  to  continue  any  longer  in  that  employment ; 
and  so  much  the  rather  because  in  addition  to  the 
many  irregularities  committed  by  Mr.  Gledhill,  we 
find  by  some  returns  this  year  from  the  Western 
Corporations  that  he  has  of  late  entred  into  the 
building  of  ships  in  Newfoundland,  with  timber  cut 
out  of  your  Majesty's  woods  there,  which  is  an  offence 
of  very  pernicious  consequence,  and  if  a  speedy  stop 
be  not  put  to  it  may  in  time  cause  so  great  a  destruction 
that  there  will  not  be  timber  sufficient  left  to  build 
stages  and  cook-rooms  for  the  Fishery.  But  as  his 
removal,  in  case  your  Majesty  should  supersede  him, 
will  not  cure  the  evil  complained  of  with  respect  to 
the  behaviour  of  the  Garrison  in  general,  and  as  we 
are  of  opinion  that  it  may  be  for  your  Majesty's  service, 
that  a  Garrison  should  continue  at  Placentia,  where 
fortifications  have  already  been  erected  at  a  great 
expence  which,  under  due  management,  might  not 
only  maintain  your  Majesty's  right  of  possession  there, 
(too  apt  to  be  encroached  upon  by  our  French  neigh- 
bours) but  likewise  in  time  of  war  by  any  foreign 
Power  be  a  great  protection  to  the  Fishery  ;  we  have 
consider'd  how  your  Majesty's  forces  there  may  be 
reduced  to  better  order  and  made  more  subservient 
than  they  are  at  present  to  the  ends  for  which  they 
were  sent  thither.  And  as  it  appears  to  us  that  one 
of  the  principal  reasons  why  so  little  regard  is  pay'd 
to  your  Majesty's  Instructions  there  is.  that  the  Lieut. 
Governor  of  Placentia  holds  himself  accountable  to  none 
but  your  Majesty,  and  thinks  himself  perhaps  secure 
in  being  so  far  removed  from  your  Royal  inspection, 
it  would  seem  necessary,  that  there  should  be  some 
cheque  or  comptrol  upon  his  conduct,  and  none  in  our 
humble  opinion  could  be  so  proper  as  the  Commodore 
annually  appointed  for  this  station,  which  might  put  an 
end  to  that  competition  between  your  Majesty's  land 
and  sea  forces,  and  in  great  measure,  if  not  entirely 
prevent  the  disorders  at  present  charged  upon  the 
Garrison,  who  by  this  means  would  become  accountable 
to  an  Officer  incapable  of  sharing  in  the  profits  arising 
from  a  connivance  at  their  irregular  behaviour,  neither 
are  we  without  precedents  in  this  particular,  several 
Commodores  upon  the  Newfoundland  station  having 
heretofore,  during  their  continuance  there,  been 


AMERICA   AND   WEST   INDIES.  283 

1728. 

appointed  Governors  of  that  Island  and  Commanders 
in  Chief  both  of  the  land  and  sea  forces.  And  if  the 
Commodores  were  sufficiently  impowered  to  appoint 
Judges  and  Justices  of  the  Peace  to  decide  disputes 
between  the  inhabitants  and  distribute  justice  amongst 
them,  during  the  winter  season,  the  miserys  of  these 
unhappy  people  might  be  much  abated,  which  are 
great  enough  from  the  rigour  of  the  climate  and 
barenness  of  the  soyl  (incapable  of  affording  them 
sustenance)  without  these  additional  evils,  arising 
from  the  state  of  anarchy  they  live  in.  For  which 
reason,  as  well  as  in  consideration  of  the  damage  they 
frequently  do  the  Fishery,  your  Majesty's  Royal 
Predecessors  have  not  given  them  much  encourage- 
ment to  continue  there,  and  regular  Governors  as  in 
other  Colonys  have  very  seldom  been  appointed  for 
them,  notwithstanding  many  attempts  for  that 
purpose  in  opposition  to  the  fishing  interest.  In  our 
opinion  these  poor  people  should  rather  be  encouraged 
to  settle  in  Nova  Scotia,  they  are  about  3000  in  number 
with  their  wives  and  children,  and  might  be  of  some 
service  both  to  your  Majesty  and  to  themselves  in 
that  country,  where  inhabitants  are  greatly  wanted. 
By  the  clause  already  mentioned  in  the  Act  to  encourage 
the  trade  to  Newfoundland  provision  is  made  for 
possessors  of  fishing  stages,  which  had  not  belonged 
to  fishing  ships  since  1685,  her  late  Majesty  Queen 
Anne  likewise  was  pleas'd  to  give  leave  to  the  French 
inhabitants  at  Placentia,  after  the  Treaty  of  Utrecht, 
to  dispose  of  their  houses,  plantations,  and  fishing 
stages  to  such  persons  as  should  be  disposed  to  purchase 
them  ;  and  under  these  two  pretentious  so  many  of 
the  best  fishing  stages  are  forestalled  by  the  inhabitants 
in  the  most  considerable  bays,  that  the  fishing  ships 
have  frequently  been  oblig'd  to  pay  considerable  rents 
for  them,  which  is  a  tax  upon  that  Fishery  that  ought, 
if  possible,  to  be  remov'd,  in  all  probability  if  these 
titles  were  duly  inquired  into,  as  several  doubts  occur 
upon  the  explanation  of  this  Act,  many  of  them  would 
prove  defective,  and  the  stages  might  be  again  restor'd 
to  the  publick,  for  which  reason  we  would  humbly 
propose  that  some  person  skilPd  in  the  Law  might 
attend  the  next  Commodore  and  assist  him  to  inquire 
into  them  in  your  Majesty's  behalf ;  the  same  person 
might  likewise  be  usefull  in  forming  some  regulations 
for  the  better  Government  of  the  inhabitants,  during 
the  winter  season  so  long  as  they  shall  continue  there. 
And  as  nothing  can  so  much  conduce  to  the  good 
Government  of  any  Society  as  the  propagation  of 


284  COLONIAL   PAPERS. 

1728. 

virtue  and  religion,  we  would  humbly  submit  whether 
it  may  not  be  proper  that  the  Lord  Bishop  of  London 
as  Ordinary  of  the  Plantations  should  be  directed  to 
send  a  Clergyman  of  the  Church  of  England  to  New- 
foundland for  that  purpose,  whose  sallary  (if  needful) 
may  be  added  to  the  establishment  of  the  Garrisons  of 
Placentia.  [C.O.  195,  7.  pp.  157-175  ;  and  (covering 
letter  only)  194,  23.  No.  35.] 

Dec.  25.         528.     Petty  expenses  of  the  Board  of  Trade  from  Michaelmas 
to  Christmas.       6  pp.       [C.O.  388,  79.      Nos.  35^38.] 

Dec.  26.  529.  Governor  the  Earl  of  Londonderry  to  the  Council  of 
Nevis.  Trade  and  Plantations.  The  following  is  a  duplicate  of  a 
paragraf  of  the  letter  I  did  myself  the  honour  to  write  to  you 
of  the  30th  Sept.  last,  relating  to  the  bill,  now  I  presume  before 
your  Lordps.,  for  ascertaining  the  number  of  Assemblymen  to 
represent  the  French  lands  of  St.  Christophers,  and  I  give  your 
Lordps.  the  trouble  of  this  purely  (as  I  think  my  duty)  to  lay 
before  you  in  the  best  manner  I  can,  the  points  which  I  conceive 
to  be  in  it  contrary  to  H.M.  Instructions,  and  therefore  I  take 
the  liberty  to  observe  that  that  act  and  the  Vestry  act  passed 
just  before  it,  has  in  some  degree  introduced  a  new  frame  of 
Government,  the  one  of  which  divides  the  whole  island  into  nine 
parishes,  and  the  other  settles  the  right  of  elections  of  members 
to  serve  in  the  Assembly,  and  doubles  their  former  number. 
The  Act  for  ascertaining  the  number  of  Assemblymen  is  in 
many  things  I  conceive  contrary  to  H.M.  Instructions,  and  to 
the  laws  of  England,  and  to  that  Island  etc.  First  I  conceive 
it  to  be  a  law  of  a  very  new,  and  extraordinary  nature,  and  there- 
•  fore  ought  not  to  have  been  pass'd,  without  a  suspending  clause 
till  the  King's  pleasure  should  be  known.  Next,  it  confer'd  a 
right  to  persons  to  elect  and  be  elected  to  serve  in  Assembly, 
who  were  not  freeholders,  when  no  such  thing  had  ever  been 
practized  before  in  that,  or  any  other  islands  of  this  Govern- 
ment, which  was  I  conceive  against  the  express  law  of  all  of  them 
as  well  as  the  King's  Commission  that  allows  that  priviledge 
to  none  but  freeholders.  It  likewise  allows  a  right  to  denizens 
to  be  elected,  which  was  directly  contrary  I  conceive  to  the  laws 
then  in  being  in  that  island  and  to  the  laws  and  usuage  of 
Parliament  in  Great  Britain.  It  also  repealed  a  particular  law 
of  that  Island,  and  therefore  by  the  King's  Instructions  ought 
not  to  have  taken  effect  untill  H.M.  pleasure  had  been  known 
upon  it.  It  likewise  disables  almost  all  the  King's  servants 
in  that  Island  from  serving  in  Assemblys  or  concerning  them- 
selves about  the  choice  of  Assemblymen,  which  I  apprehend 
will  prove  of  great  prejudice  some  time  or  other  to  H.M.  service 
there.  The  other  law  called  the  Vestry  act  etc.,  which  is  only 
prefatory  to  this,  is  so  obscurely  and  ambiguously  worded,  that 


AMERICA   AND   WEST   INDIES.  285 

1728. 

it  will  probably  be  the  occasion  of  many  disputes,  and 
contentions  in  the  Vestrys,  and  likewise  on  elections  for 
Assemblymen  ;  for  instead  of  describeing  the  bounds  of  the 
Parishes  by  mens  possessions  (which  would  have  been  the  most 
obvious,  and  intelligible  way)  it  describes  them  by  geometrical 
lines  which  few  persons  are  capable  of  apprehending.  And 
besides  it  is  done  I  conceive  by  such  uncertain  words  that 
many  disputes  have  already  arisen,  and  most  people  are  at  a 
loss  to  find  out  the  bounds  of  many  of  the  parishes.  My  Lords, 
as  the  approveing  or  not  approveing  this  law,  will  not  make 
me  one  jot  more  easy  or  uneasy  in  my  Government,  so  I  am 
indifferent  about  the  fate  of  it ;  but  the  regard  which  ought 
alwayes  strickly  to  be  had  to  H.M.  Instructions  makes  me  think 
it  an  indispensible  duty  on  me  to  lay  this  before  your  Lordps. 
Corrects  statements  in  end.  i,  for  the  Assemblies  were  annual 
before  and  the  writs  by  this  act  are  issued  as  usual,  only  that 
the  Chief  Govr.  is  now  obliged  to  direct  them  to  Councillors 
according  to  seniority  ;  and  before  he  was  left  at  large  to  direct 
them  to  any  of  the  Councillors  as  he  thought  fitt  etc.  Signed, 
Londonderry.  Endorsed,  Reed,  llth,  Read  28th  March,  1729. 
5  pp.  Enclosed, 

529.  i.  Extract  of  letter  from  Same  to  Same.  Antigua,  30th 
Sept.,  1728.  I  should  be  very  much  obliged  to  your 
Lordships  if  I  could  soon  know  your  opinion  of  above- 
mentioned  Act  etc.  For  tho'  'tis  highly  necessary  that 
that  part  of  the  Island  should  be  represented,  yet  I 
cannot  but  conceive  the  methods  prescribed  by  the 
bill  must  be  liable  to  many  objections,  as  they  clash 
with  H.M.  Instructions  ;  for  etc.  there  are  contained 
therein  sundry  things  of  a  very  new  and  extraordinary 
nature,  such  as  ascertaining  the  number  of  Members 
to  be  elected,  how  many  each  town  or  district  shall 
return,  excludeing  the  King's  Officers,  even  those  who 
have  patents  for  life,  and  laying  them  under  severe 
penaltys  if  they  meddle  in  elections,  the  makeing  the 
Assembly  annual,  and  prescribing  the  manner  of 
issueing  writts  contrary  to  their  usual  practice  ;  and 
contrary  to  that  of  the  other  islands  of  the  Govern- 
ment, with  a  great  many  such  like  things,  wherein 
the  King's  prerogatives  may  be  greatly  concerned. 
Wherefore  I  apprehend  that  bill  ought  not  to  have 
taken  place,  till  confirm'd  by  H.M.,  and  as  I  shall  be 
very  unwilling  to  call  an  Assembly  there  under  that 
law  till  I  know  yr.  Lordps'.  opinion  about  it,  I  question 
not,  but  I  shall  have  the  honour  of  your  answer  as 
soon  as  possible.  If  pp.  [C.O.  152,  17.  ff.  23-26i;.] 

Dec.  30.         530.     Richard  Lightfoot  to  the  Council  of  Trade  and  Planta- 
Barbados.     tions.     Encloses    "  a  list  of  those  people  which  Mr.  Worsley 


286 


COLONIAL   PAPERS. 


1728. 

and  his  trusty  friends  have  been  pleased  to  pick  out  from  ye 
of  scourings  of  ye  people  to  serve  as  Grand  Jury  men,  and  to 
address  his  most  sacred  Majesty  "  etc.  I  have  sett  down  two 
Genteilemen  who  were  made  of  ye  petit  Jury  whose  estates 
will  purchase  all  ye  Grand  Jury,  and  a  list  of  seventeen  who  were 
thought  not  propper  to  serve  because  they  were  persons  of  great 
estates  and  men  of  worth,  and  honour.  This  serves  only  to 
shew  your  Lordships  how  easy  tis  to  represent  ye  generallity 
of  ye  island  a  factious  discontented  murmuring  people  and 
render  them  undeserving  of  H.M.  favour  etc.  Signed,  Richd. 
Lightfoot.  Endorsed,  Reed.  7th  March,  Read  20th  May,  1729. 
2  pp.  Enclosed, 

530.  i.  List  of  those  who  were  thought  proper  and  improper 
to  serve  on  the  Grand  Jury  for  the  Sessions  of  10th 
Dec.,  1728,  with  the  number  of  negroes  owned  by  each. 
The  former,  totalling  17,  owned  246  negroes  amongst 
them,  whilst  two  members  of  the  Petty  Jury,  Othniel 
Haggot  junior  (170)  and  John  Lyte  (75)  owned  that 
number.  Seventeen  gentlemen  who  were  not  summoned 
to  serve  on  the  Grand  Jury  and  are  not  members  of  the 
Council  or  Assembly  are  named,  who  owned  altogether 
6339  negroes  as  follows  : — Samuel  Osborne  (1000 
negroes  and  10  women),  Alexander  Walker  (548  and 
6),  Conrade  Adams,  Joseph  Dottin,  John  Alleyne, 
John  Ashley,  John  Gibbons,  Burch  Hothwell,  Robert 
Warren,  James  Hannay,  John  Holder,  Thomas  Davers, 
Thomas  Maxwell,  James  Hasell,  Robert  Jona. 
Osbourne,  Thomas  Merrick,  Abell  Alleyne.  Endorsed, 
Reed.  7th  March,  172$.  1  p.  [C.O.  28,  20.  ff.  133, 
134-135,  1860.] 

Dec.  31.         531.     Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion  in 

Whitehall,     point  of  law.  act  of  Virginia,  to  enable  William  and  Thomas 

Farrer  to  sell  certain  entailed  lands  etc.     [C.O.  5,  1366.     p.  11.] 


Dec.  [— ]. 

Whitehall. 


532.  [Duke  of  Newcastle]  to  Lt.  Governor  Gooch.  Acknow- 
ledges receipt  of  letter  etc.  of  June  9.  Continues : — The  Acts 
of  the  Assembly  will  be  laid  before  H.M.  in  Council,  assoon  as 
they  have  pass'd  the  consideration  of  the  Lords  Commrs. 
of  Trade.  I  have  moved  H.M.  in  the  case  of  Sarah  Williamson 
etc.  Encloses  copy  of  H.M.  Warrant  for  inserting  her  in  the 
next  Newgate  pardon  etc.  As  to  the  petition  concerning 
stemmed  tobacco,  can  say  nothing  on  that  head  till  it  has 
undergone  a  proper  examination.  Concludes  : — I  have  laid 
before  the  King  your  request,  that  you  may  be  allowed  to 
accept  a  present  of  £500  currt.  money  of  Virginia  etc.  ;  but  in 
regard  there  is  so  clear  and  explicite  an  article  of  your  Instruc- 
tions forbidding  you  to  receive  any  gift  from  the  Assembly  or 
others  (quoted),  H.M.  can  by  no  means  consent  that  this 


AMERICA   AND   WEST   INDIES. 


287 


1728. 


Dec.    [— ]. 

Whitehall. 


Instruction  should  be  broke  thro'.  You  are  sensible  it  was 
framed  in  order  to  prevent  many  inconveniences  formerly 
arising  in  the  Plantations  on  that  account ;  and  if  it  could  be 
dispensed  with  in  your  case,  it  would  be  a  very  ill  precedent 
for  others,  who  being  under  the  like  circumstances  would 
undoubtedly  expect  the  like  favour.  Without  signature. 
Draft.  2J  pp.  [C.O.  5,  1337.  No.  45.] 

533.  Same  to  Governor  Hunter.  Acknowledges  letters  of 
10th  Feb.,  4th,  17th  and  18th  May  and  3rd  Aug.,  which  he  has 
laid  before  H.M.  Continues : — The  King  intirely  approved 
your  conduct  and  was  very  well  pleased  with  the  behaviour  of 
the  Assembly  in  their  past  session.  The  bills  you  sent  lye 
before  the  Board  of  Trade,  and  no  time  will  be  lost  in  laying 
them  before  H.M.  in  Council  etc.  Your  being  able  to  get  the 
Revenue  bill  past  in  the  manner  that  had  been  prescribed  to 
you,  gave  H.M.  a  good  deal  of  satisfaction,  as  did  also  your 
having  procured  the  exemption  in  favour  of  the  South  Sea 
Company  in  that  which  lays  a  duty  upon  the  negro  trade.  I 
presented  the  Assembly's  Address  to  H.M.,  who  was  pleased 
to  accept  in  the  most  gracious  manner  the  professions  it  contains 
of  their  duty  and  loyalty.  The  King  was  concerned  to  find  by 
your  last  letter,  that  any  incident  could  occasion  the  same 
Assembly,  which  seemed  to  open  their  second  session,  with  the 
like  good  disposition,  for  H.M.  service  and  the  welfare  of  their 
country,  to  break  up  in  some  confusion  without  dispatching 
the  business  that  lay  before  them,  tho'  relating  purely  to  the 
particular  interest  of  their  Colony  ;  however  H.M.  hopes  upon 
cooler  reflection  they  will  meet  again  with  such  firm  resolutions 
to  attend  seriously  to  the  service  of  their  country,  that  their 
next  session  may  prove  more  successfull.  And  I  am  glad  to 
find  by  a  subsequent  letter  of  yours  of  the  13th  September  to 
Mr.  Delafaye,  that  you  have  ground  to  hope  they  will  meet  in 
a  better  temper.  As  to  what  you  mention  in  that  letter  con- 
cerning Mr.  Ayscough  etc.,  I  have  referr'd  that  part  of  it  to  the 
consideration  of  the  Board  of  Trade,  and  assoon  as  I  receive 
their  report,  will  lay  it  before  H.M.  ;  I  have  at  the  same  time 
recommended  to  them  the  dispatch  of  their  representation  to 
H.M.  upon  the  Revenue  bill,  and  the  Sugar  bill,  which  are  under 
their  consideration.  The  King  was  very  well  pleased  with 
your  laying  before  him  so  freely,  your  thoughts  of  the  provision 
necessary  to  be  made  for  the  administration  of  the  Government 
in  case  of  your  death,  which  H.M.  hopes  for  the  good  of  his 
service,  and  of  the  Island  entrusted  to  your  government,  will 
not  happen  in  many  years  ;  and  H.M.  intends  to  grant  a 
dormant  commission  to  Colo.  Gommersel,  whom  you  recom- 
mend, to  take  that  trust  upon  him  in  case  of  such  an  accident. 
H.M.  has  also  consented  to  Mr.  Forbes  being  of  the  Council  in 
the  room  of  Mr.  Pusey  etc.  As  to  what  you  mention  of  the 


288  COLONIAL   PAPERS. 

1728. 


depredations  of  the  Spaniards  etc.,  which  they  continue  not- 
withstanding their  having  received  the  King  of  Spain's  orders 
for  the  execution  of  the  preliminaries  ;  I  have  nothing  in 
command  to  add  to  what  my  Lord  Townshend,  by  H.M.  order, 
wrote  to  you  15th  Sept.  etc.  H.M.  has  ordered  the  strongest 
representations  to  be  made  upon  this  subject  to  the  Court  of 
Spain,  which  it  is  to  be  hoped  will  induce  them  to  send  effectual 
orders  to  their  Governors  in  America  for  the  putting  an  end 
to  these  pyratical  proceedings.  Draft.  3|  pp.  [C.O.  137,  53. 
//.  04-960.] 

[?  1728].  534i  [?  Mr  Allen]  to  the  Honble.  Augustus  Schutz.  The 
case  of  P.  Gordon  Esq.  Governor  of  Pensilvania.  Repeats 
gist  of  C.S.P.  Nov.  24,  1727.  q.v.,  adding,  the  Treasurer 
appointed  for  receiving  said  £2000  died  before  Sir  W.  Keith 
came  to  that  Province,  whose  widow  not  being  able  to  make  out 
the  whole  sum  assigned  to  him  a  tract  of  land  of  2000  acres  etc. 
and  paid  him  the  remainder  in  specie.  Keith  still  holds  the 
said  land  as  his  own  property  (by  means  of  which  he  has  a  right 
to  be  elected  a  Member  of  Assembly  where  he  does  all  the 
mischief  he  can,  and  if  he  was  dispossessed  thereof  he  could 
not  be  chosen)  and  has  not  accounted  for  one  farthing  of  the 
money  he  received  etc.  Refers  to  letter  and  enclosure  of  Nov. 
24,  1727.  Concludes  : — Governor  Gordon  in  a  letter  to  Mr. 
Allen  desired  your  favour  in  applying  to  the  Duke  etc.  Mr. 
Allen  attended  several  times  at  the  Duke  of  Newcastle's  office, 
but  never  could  get  an  answer.  Without  date  or  signature,  f  p. 
[C.O.  5,  1233.  No.  65.] 

[?  1728].  535.  Petition  of  Col.  John  Staunton  to  the  King.  On 
returning  from  Spain  petitioner  sent  several  persons  to  recover 
the  estate  in  Antegoa  left  to  him  by  Col.  Thomas  Foxon  (v. 
C.S.P.  1727),  of  which  the  steward  and  the  Treasurer  of  the 
Island  had  combined  to  make  a  fraudulent  sale,  but  the 
possessors  found  means  to  hinder  any  prosecution,  having  feed 
all  the  lawyers  on  the  island  and  bribed  off  the  persons  so 
employed.  Petitioner  finding  about  a  year  past  the  present 
possessors  in  London,  commenced  a  suit  against  them  in  the 
High  Court  of  Chancery.  They  put  the  proof  of  the  fraud  of 
the  said  sale  on  petitioner,  who  took  out  a  Commission  in 
Chancery  to  examine  witnesses,  etc.,  and  personally  did  goe 
with  it  to  Antegoa,  and  appointed  a  time  and  place  for  sd. 
Commissioners  and  witnesses  to  appeare,  but  three  of  sd.  Com- 
missioners refused  to  act  or  obey  any  Commission  issued  from 
the  High  Court  of  Chancery,  and  the  possessors  also  feed  all 
the  lawyers  that  were  then  on  the  island  to  hinder  petitioner's 
filing  a  bill  in  equity  against  them.  He  was  then  advised  to 
get  the  depositions  of  such  as  would  voluntary  make  them  before 
the  Governor,  and  to  have  the  Great  Seal  affixed  to  them  with 


AMERICA   AND   WEST   INDIES.  289 

1728. 

a  certificate  under  the  General's  hand  of  sd.  fraud  and  value 
of  sd.  estate,  wch.  was  accordingly  done,  and  gave  notice  to 
one  of  the  Possessors'  Council  and  Manager  that  petitioner 
would  proceed  in  that  manner  and  petitioner  did  also  record 
sd.  depositions  in  the  Public  Register's  Office  kept  in  Antigua. 
Petitioner  is  advised  that  depositions  so  taken  is  good  evidence 
before  your  Majestic  and  Councill,  and  it's  also  taken  for 
evidence  in  all  causes  yt.  are  tryed  in  the  Courts  at  Antigua. 
Prays  that  the  case  may  be  heard  and  parties  summoned  to 
appear  before  H.M.,  said  depositions  being  admitted.  Without 
signature,  date  or  endorsement.  If  pp.  [C.O.  7,  1.  No.  31.] 

1727-  536.     Memorandum   of  Representations   from   the   Council 

1728.       of  Trade  and   Plantations  to  the  Duke  of  Newcastle,   June, 

1727-1728,  and  of  some  previous  reports,   1717-1724.     6  pp. 

[C.O.  5,  4.     Nos.  33,  33  i.] 

[?  1728].  537.  Petition  of  Sir  Wm.  Keith  to  the  King.  Abstract. 
New  Jersey  is  capable  of  great  improvement  in  its  trade  and 
products.  Being  committed  to  the  care  of  the  Governor  of 
New  York,  it  has  been  unable  to  obtain  the  laws  and  regulations 
necessary  for  its  improvement,  because  the  interests  of  the  two 
independent  Colonies  so  frequently  interfered  with  each  other, 
that  the  Governor's  duty  to  both  became  incompatible.  Con- 
tinues : — "  The  poor  industrious  people  of  Jersey  have  some 
time  since  petitioned  etc.  for  a  particular  Governor  to  reside 
amongst  them,  whom  they  are  both  able  and  willing  to  support 
etc.  The  Governor  of  New  York  scarcely  receives  from  Jersey 
a  sufficiency  to  defray  the  continual  expence  of  his  attendance. 
Prays  to  be  appointed  Governor,  having  served  as  Governor  of 
Pennsylvania  etc.  Without  date.  1  p.  [C.O.  5,  980.  No.  45.] 

[?  1728].  538.  Memorial  to  same  effect  as  preceding,  in  favour  of 
appointing  Sir  W.  Keith,  "  so  well  known  and  liked  among  the 
people."  Concludes  : — Such  an  appointment  would  be  univer- 
sally acknowledged  as  a  most  reasonable  condescention  to  the 
relief  of  these  poor  people,  who  groan  under  the  oppression 
of  haveing  their  product,  industry  and  trade  miserably  hamper'd 
and  confined  to  be  subservient  to  the  interest  and  will  of  their 
opulent  and  powerfull  neighbours."  Without  date  or  signature. 
Endorsed,  Sir  Cha.  Wager.  1|  pp.  [C.O.  5,  980.  No.  46.] 

[1728],  539.     Some  considerations  upon  the  assistance  that  may  be 

expected  from  the  British  Colonys,  particularly  those  in  the 
Continent  of  No.  America  in  any  Expedition  agt.  the  Spanish 
West  Indies.  I  do  not  apprehend  that  the  Crown  has  a  right 
to  command  the  inhabitants  of  British  Plantations,  to  march 
or  sail  upon  any  expedition  out  of  their  own  Provinces.  But 
as  the  Colonies  have  all  of  them  establish'd  Militias,  the  Crown 

Q.P.  XXXVI-19 


290  COLONIAL   PAPERS. 

1728. 

has  frequently  fix'd  the  proportions  of  men,  which  they 
shou'd  respectively  contribute  to  their  common  defence  etc. 
Quotes  Instruction  to  the  Governors  of  New  York  and  refers 
to  Sir  William  Phipps'  and  General  Nicholson's  expeditions 
against  Port  Royal.  Continues  : — In  1703  the  Massachusetts 
Bay  sent  two  companys  to  the  assistance  of  Jamaica,  then 
in  danger  of  being  invaded.  Refers  to  Expeditions  against 
Conada  1710,  1711  and  the  contributions  made  by  the  Colonies 
at  them.  Continues  : — But  I  am  very  doubtfull  whether  any 
such  assistance  can  be  expected  from  the  British  planters 
on  the  Continent  towards  any  expeditions  against  the  Spanish 
West  Indies.  And  if  any  number  of  voluntiers  should  be 
furnished  by  them  for  that  purpose,  I  am  still  farther  doubt- 
full,  whether  they  can  be  much  depended  on  in  service.  For 
I  have  been  assured  by  an  Officer  of  distinction,  who 
served  in  the  expedition  under  Pen  and  Venables,  that  the 
attempt  upon  Cuba,  prov'd  abortive,  more  from  the  irregularitys 
and  great  disorders  of  their  American  voluntiers,  who  were 
about  2000  in  numbers,  then  from  any  other  cause.  And 
indeed,  whoever  has  served  with  voluntiers  got  together 
occasionally,  must  know,  that  they  never  did,  'nor  ever  will 
act  in  proper  concert  with  regular  forces  ;  nor  even  with  them- 
selves ;  as  is  evident  from  all  the  proceedings  of  the  Bucaniers 
in  America,  who  for  want  of  such  concert,  and  of  a  regular  scheme, 
almost  constantly  lost  the  fruit  of  those  advantages,  which  they 
reaped  in  the  Spanish  West  Indies  ;  tho'  they  were  always  a 
terrible  thorn  in  the  sides  of  the  Spaniards.  These  voluntiers 
however  may  be  of  use  to  annoy  the  ennemys  coasts,  and  to 
divide  their  forces,  they  may  also  help  to  keep  possession  of 
any  place  or  country,  that  may  fall  into  our  hands  by  the 
chance  of  war  ;  provided  it  be  made  worth  their  while  to 
continue  there.  For  their  service  will  always  be  determined 
by  their  interest,  and  it  must  be  consider'd,  that  there  are  very 
few  vagabonds,  very  few  useless  hands  in  our  Plantations,  and 
consequently  very  few  people  to  be  found,  that  will  for  any 
continuance  of  time,  be  induced  to  leave  a  certain  settlement, 
for  an  uncertain  one.  Tho'  it  may  probably  happen,  as  it  has 
done  formerly,  that  the  hopes  of  plunder,  may  alure  the  seafaring 
men,  to  become  adventurers  in  any  expedition.  We  must  not 
therefore  depend  too  much  upon  our  American  voluntiers  ;  but 
it  will  certainly  be  right  to  call  upon  the  Colonys  for  their 
assistance,  in  this  just  and  necessary  war  etc.  That  may 
properly  be  done,  by  directing  the  several  Governors  of  H.M. 
Colonys,  as  well  upon  the  Continent  as  in  the  Sugar  Islands, 
to  recommend  to  their  respective  Assemblys  without  loss  of 
time,  to  raise  what  number  of  Forces  they  are  able,  to  joyn 
those  of  H.M.,  at  a  day  and  place  prefix'd  for  that  purpose  ; 
in  order  to  assist  and  be  employ 'd  in  such  Expeditions  against 
the  enemy,  as  by  the  Commanders  in  Chief  of  the  King's  Sea 


AMERICA   AND   WEST   INDIES.  201 

1728. 

and  Land  Forces,  shall  be  thought  most  expedient ;  promising 
all  suitable  rewards  and  encouragements  to  such,  as  shall  pay 
obedience  to  orders,  and  behave  well  in  H.M.  service.  And 
that  the  said  Governours  respectively  do  assure  their 
Assemblys,  that  they  cannot  possibly  render  a  more  essential 
service  to  H.M.,  to  their  Mother  Country,  or  even  to  themselves, 
then  by  chearfully  and  speedily  complying  with  the  said 
recommendation.  And  that  no  time  may  be  lost  in  the  dispatch 
of  this  important  affair,  the  Govrs.  may  be  directed  also  to  issue 
Proclamations,  to  the  like  effect,  inviting  all  voluntiers  to  the 
said  rendezvous.  But  I  apprehend,  that  adventurers  upon 
their  own  account,  will  rather  choose  to  take  their  chance  in 
privateers,  then  joyn  the  King's  Forces  and  put  themselves 
under  the  directions  of  H.M.  Admirals  and  Generals  ;  especially 
after  the  encouragement  given  to  privateers  by  the  bill  now 
depending  etc.  Encloses  copy  of  Proclamations  by  Governor 
Dudley  in  1710,  1711  to  serve  as  precedents.  Stocks  of  arms 
and  clothing  etc.  should  be  lodged  at  the  rendezvous  before  the 
arrival  of  the  American  auxiliaries  etc.,  and  as  an  inducement 
to  recruits  samples  should  be  sent  by  the  first  opportunity  to 
America.  A  proper  person  should  be  sent  to  purchase  pro- 
visions in  the  Northern  parts,  where  they  are  to  be  had  at 
reasonable  rates.  Continues  : — If  that  person  were  a  man  of 
some  figure  and  reputation  in  America,  he  might  make  the  tour 
of  the  several  Governments,  sollicit  the  execution  of  H.M. 
orders,  raise  a  proper  spirit  in  the  people,  and  send  regular 
accounts  home  of  their  proceedings  in  this  behalf.  There  is 
at  present  a  Gentleman  in  England,  lately  come  from  the  West 
Indies,  an  old  Officer  in  the  Army,  a  man  of  great  fortune  in 
the  Leeward  Islands,  of  known  bravery  and  experience  in  West 
India  Expeditions,  one  Colonel  Morrice,  with  whom  I  have  no 
acquaintance  etc.  If  he  could  be  engaged  to  undertake  this 
task  and  also  to  take  command  of  these  voluntiers  ;  no  man 
cou'd  be  more  proper.  To  speak  plainly,  few  people  will 
care  to  embark  upon  an  unknown  Expedition,  without  a  known 
leader  ;  and  therefore  in  all  her  American  Expeditions,  Queen 
Anne  made  use  of  Col.  Nicholson,  a  man  of  good  reputation 
(tho'  of  moderate  parts)  who  had  lived  many  years  in  those 
countrys,  and  was  esteemed  by  the  people.  Transport  may 
easily  be  had,  but  must  be  provided  without  loss  of  time  etc. 
Continues  : — We  must  not  hope  for  much  assistance  from  either 
of  the  Carolinas ;  I  beleive  the  Spaniards  will  probably  find 
them  business  enough  at  home  ;  a  Proclamation  lately  published 
at  St.  Augustin  has  drawn  many  of  their  negroes  from  them, 
in  hopes  of  being  enfranchised  ;  and  the  rest  are  ripe  for 
rebellion  ;  so  that  it  is  really  now  come  to  that  pass,  that  either 
the  people  of  Carolina  must  take  St.  Augustin  or  St.  Augustin 
will  take  them.  Proposes  as  many  officers  as  possible  should 
be  collected,  "  who  have  formerly  served  in  American  Expe- 


292  COLONIAL   PAPERS. 

1728. 

ditions.  There  are  some  in  Col.  Philipps'  Regiment,  particu- 
larly one  Major  Mascareen  who  has  great  credit  with  the  people 
of  New  England.  Philipps's  Regiment,  the  four  Independent 
Companys  in  New  York,  and  Dalzell's  Regiment  in  the  Leeward 
Islands,  should  furnish  a  number  of  Serjeants  and  corporals  to 
discipline  the  American  voluntiers  ;  and  encouragement  may 
be  given  to  any  old  Officers  now  out  of  the  service  "  etc.  Refers 
to  those  who  served  with  Col.  Codrington  against  Martinique 
etc.  Without  date  or  signature.  11  pp.  [C.O.  5,  4.  No.  36.] 

[?  1728].  540.  List  of  Members  of  the  Bahama  Company.  Same  as 
C.S.P.  Nov.  1,  1723  with  addition  of,  Edward  Carteret  ;  Col. 
Thompson  ;  Mr.  Heath.  $  p.  [C.O.  23,  12.  No.  96.] 

[?  1728],  541 .  Remarks  on  the  Island  of  Providence  [?  by  Charles 
Delafaye].  Based  on  reports  given  above.  If  pp.  [C.O.  23, 
14.  ff.  72,  720.] 


COLONIAL    PAPERS. 


1729. 

1729. 

Jan.  2.  542.     Council  of  Trade  and  Plantations  to  the  Lords  Commis- 

Whitehaii.     sioners  of  the  Treasury.     Request  payment  of  Office  expenses 

and    Officers'    Salaries    for    quarter    ending    Christmas,    1728. 

Accounts  annexed.     [C,O.  389,  37.     pp.  296,  297.] 

Jan.  4.  543.  Sir  Jacob  Acworth  to  Mr.  Popple.  In  reply  to  Dec. 
Navy  Office,  nth,  does  not  see  anything  wanting  in  the  proposed  bill,  except 
that  to  the  clause  restraining  the  cutting  of  any  mast  forbidden 
by  the  act  of  8  William  III,  should  be  added,  unless  such  as 
were  "  the  property  of  any  private  person  before  the  passing 
of  the  said  Act."  Signed,  Ja.  Acworth.  Endorsed,  Reed.  6th, 
Read  9th  Jan.,  172|.  1  p.  Enclosed, 

543.  i.  Copy  of  bill  prepared  for  the  better  preservation  of 
H.M.  Woods  etc.  4£  pp.  [C.O.  5,  870.  ff.  142,  143-145, 
1470.] 


Jan.  6. 

North 
Carolina. 


Jan.  7. 

St. 
Christophers, 


544.  Declaration   by   Lt.    Gov.    Sir   R.   Everard.     All  the 
misunderstanding's  between  me  and  the  Assembly  and  other 
Gentlemen  of  good  note  were  owing  to  the  calumnies  and  false 
informations  given  me  by  Chr.  Gale  and  John  Lovick  and  Wm. 
Little  at  my  arrival,    I    find  these    gentlemen  of  whom  they 
gave  me  characters  the  reverse,  persons  of  great  probity  and 
much  sincerity  etc.     If  any  act  of  Government  has  in  the  least 
proved  detrimental  to  the  welfare  or  repose  of  the  Province  it 
has  been  owing  to  their  advice  etc.,   who  have  always  been 
enemies  to  the  quiet  of  the  country  etc.     Printed,  N.C.     Col. 
Rec.  III.  5.     Signed,  Richard  Everard.     Endorsed,  Reed.  15th, 
Read  26th  Aug.,  1729.     1  p.     [C.O.  5,  1267.    ff.  99,  99u.] 

545.  Governor  the  Earl  of  Londonderry  to  the  Council  of 
Trade  and  Plantations.     Transmits  Act  of  Antigua,  to  supply 
defects  of  an  Act  for  constituting  a  Court  of  Chancery,  and  for 
holding  Courts  of  Chancery  in  the  absence  of  the  Commander  in 
Chief,  and  for  regulating  Chancery  proceedings  etc.,    "  which  I 
gave   my  assent  to   12th  Oct.   last ;     however  with  a  clause 
suspending  it's  taking  effect,  until!  it  shall  receive  the  Royall 
assent."     Continues : — The   reason   of  passing    this    Act   was, 
to  remedy  many  inconveniencies,  the  people  of  Antigua  have 
sustain'd,   which  were  not  provided  against  in  the  Chancery 


294  COLONIAL   PAPERS. 

1729. 

Act  of  1715  etc.  Refers  to  Preamble.  Continues  : — By  the 
former  Act  no  Court  of  Chancery  could  be  held  without  the 
Chief  Governor  was  personally  present,  to  joyn  the  Council 
of  that  island,  and  by  the  present  Act  the  Chancery  Court  can 
be  held,  in  his  absence,  by  the  Lieut.  General  and  five  or  more 
of  the  Council,  and  in  the  Lieut.  General's  absence  by  the 
Lieut.  Governor  or  any  five  or  more  of  the  Council,  and  in  the 
Lieut.  Governor's  absence  by  the  President  of  the  Council  or 
any  five  or  more  :  so  that  the  business  of  the  Court  will  go 
constantly  on  etc.,  which  otherwise,  from  the  frequent,  and 
unavoidable  absence  of  the  Chief  Governor  must  be  subject 
to  great  delays,  and  prolonging  of  suits,  which  is  no  small 
greivance  to  a  people.  By  the  former  act,  all  process  of 
Chancery,  fees,  and  perquisets  of  the  Great  Seal  were  reserved 
to  the  Chief  Governor,  and  so  they  are  now,  but  this  law  enacts 
that  the  Chief  Governor  is  to  leave  with  the  Secretary,  before 
his  departure  from  the  island,  blank  subpoenas,  attachments, 
injunctions  etc.  sign'd  and  sealed,  who  is  to  fill  them  up,  from 
time  to  time,  during  his  absence,  according  to  the  rules  of  the 
Court  of  Chancery,  and  who  is  made  accountable  for  the  fees 
to  the  Chief  Governor,  and  by  this  means,  My  Lords,  business 
will  go  regularly  on,  and  the  suitors  of  the  Court  will  be  saved 
the  charges  of  sloop  hire  in  following  the  General,  for  the  great 
Seal,  when  he  is  absent,  which  is  no  small  article  ;  and  also 
freed  from  the  danger  of  loosing  their  process,  as  well  as 
exposeing  their  persons,  which  men  are  often  liable  to,  who 
frequent  these  seas.  There  is  another  defect  remedyed  by 
this  Act,  and  that  is  relateing  to  injunctions.  Injunctions  by 
the  former  act  were  construed  so  to  belong  to  the  Chief  Governor, 
as  usuall,  before  the  passing  that  law,  that  very  frequently  it 
has  happen'd  .that  an  injunction  that  had  been  dissolved  by 
the  Governor  and  Council  at  Antigua,  as  the  Court  of  Chancery, 
has  been  upon  application  to  the  Chief  Governor,  in  another 
island,  revived  by  him  alone  ;  so  that  the  contrary  orders  and 
rules  have  been  made,  and  very  great  delays  and  charges 
thereby  accrued  to  the  suitors  of  the  Court.  Now,  this  act 
provides,  that  all  injunctions  shall  be  filled  up  by  the  Secretary, 
as  shall  be  particularly  ordered,  by  the  Court ;  and  that  no 
injunction  granted  by  the  Court  of  Chancery  shall  be  dissolved 
by  the  Governor  alone  ;  nor  any  injunction  dissolved  by  the 
Court  of  Chancery  shall  be  revived  by  the  Governor  alone  ; 
which  I  apprehend  to  be  a  reasonable  thing,  since  the  Crown 
has  been  pleased  to  permitt  the  Councillours,  for  the  time 
being,  at  Antigua  to  compose  with  the  Chief  Governor  that 
Court,  and  it  is  also  (I  think)  My  Lords  preventive  of  any  favour 
or  partiallity,  which  a  too  loose  or  incautious  way  of  granting 
injunctions,  has  often  render'd  that  process  suspected  off. 
There  are  other  matters  in  the  Act — such  as  when  the  Court 
is  equally  divided,  the  youngest  Councillour  is  to  withdraw, 


AMERICA   AND   WEST   INDIES. 


295 


1729. 


Jan.  7. 


Jan.  7. 

Clarges 

Street, 

Picadilly. 


that  a  determinate  decree  may  be  had — that  but  one  rehearing 
shall  be  granted,  upon  any  cause,  in  whole  or  part — that  when 
the  summ  appealed  for,  shall  be  controverted,  as  not  amounting 
to  the  summe  H.M.  permits  appeals  for  ;  appraisers  shall  be 
chosen,  who  are  under  a  penalty  to  return  upon  oath  the  value 
of  the  thing  in  contest,  in  five  days  etc,,  which  appear  to  be  so 
consistent  with  Justice  that  I  will  not  trouble  your  Lordships 
with  any  reasoning  upon  them.  I  assure  your  Lordships,  the 
main  motive  that  induced  me  to  pass  this  act,  was  only  to 
render  the  intention  of  the  Crown,  in  the  former  act,  effectual!, 
by  cureing  the  inconveniencies.  that  were  not  foreseen  etc. 
No  mischiefs  can  spring  from  my  passing  it,  because  there  is  a 
suspending  clause  in  the  act,  which  I  shall  always  take  care  to 
insert  in  bills,  that  contain  anything  of  a  new  and  extraordinary 
nature.  Signed,  Londonderry.  Endorsed,  Reed.  17th,  Read 
19th  May,  1729.  2|rd  pp.  [C.O.  152,  17.  ff.  53-54t;.] 

546.  Mr.  Dunbar  to  Mr.  Popple.  To  same  effect  as  following 
covering  letter.  Signed,  David  Dunbar.  Endorsed,  Reed. 
8th,  Read  9th  Jan.,  172|.  1  p.  Enclosed, 

546.  i.  Copy  of  letter  from  Jer.  to  David  Dunbar,  Nov.  27, 
1728.     [C.O.  5,  870.     ff.  148,  149-150,  151t;.] 

547.  Mr.    Dunbar   to    Mr.    Delafaye.     Was   prevented   by 
illness  from  sailing  last  summer,  but  dispatched  his  brother  as 
his  deputy  as  Surveyor  General  of  the  Woods.     Encloses  his 
letter.     Hopes  to  sail    "  by  the  first  ship  which  usually  goes 
about   the   middle   of  next   month."     Continues  : — I   am  told 
it  would  be  much  for  the  service  if  I  was  in  the  Commission  of 
the  Peace  wherever  my  Commission  may   carry   me,    and   if 
admitted  of  the  Council  in  New  England  particularly  it  would 
give   me   some   authority   among  them  people   who   seem  too 
regardless  of  any  etc.     I  will  wait  upon  you  to  know  His  Grace's 
pleasure  etc.     Signed,  David  Dunbar.     2  pp.     Enclosed, 

547.  i.  Jeremiah  Dunbar  to  David  Dunbar.  Boston.  Dec. 
4,  1728.  Has  sent  Mr.  Armstrong  and  Mr.  Slade  into 
the  woods  in  N.  Hampshire  and  Maine  to  take  care  of 
the  timber  to  cut  for  H.M.  use.  Is  about  to  go  with 
Mr.  Armstrong  to  Casco  Bay  where  the  Contractors 
are  at  work  etc.  Refers  to  following.  The  Assembly 
have  within  these  two  years  granted  several  townships, 
on  purpose  to  evade  the  Act  of  Parliament  whereby 
they  are  prohibited  from  cutting  timber  without 
townships.  Signed,  Jer.  Dunbar.  Copy.  1  p. 
Enclosed, 

547.  ii.  R.  Auchmuty  (Advocate  General,  Mass.)  to  Jeremiah 
Dunbar.  4th*  Dec.,  1728.  Report  upon  the  law 
relating  to  H.M.  Woods.  Signed,  R.  Auchmuty. 
Copy.  3|  pp. 


296  COLONIAL   PAPERS. 

1729. 

547.  iii.  Robert  Armstrong  to  Jeremiah  Dunbar.  Ports- 
mouth, N.H.  Nov.  23,  1728.  Describes  evasion  of 
Act  for  preservation  of  pine  trees  by  the  granting  of 
new  townships  containing  vast  tracts  of  land,  and 
draws  attention  to  the  export  of  ship's  timber  to  Spain 
and  Portugal,  thus  depriving  our  Navy  of  noble 
timber  and  supplying  possible  enemies  etc.  "  Here 
is  a  large  ship  bound  for  Spain  to  load  with  plank  and 
timber  etc.  The  owners  saith  that  masts,  yards  and 
bowspritts  which  was  formerly  inumerated  with  pitch, 
tarr,  turpentine  etc.  by  the  Act  of  3rd  and  4th  Queen 
Anne,  being  expired,  by  order  from  the  Commrs. 
of  the  Customs  bonds  formerly  given  for  masts,  yards, 
pitch,  tarr  etc.  are  to  be  omitted  and  that  they  may  be 
transported  anywhere  without,  by  which  they  are  of 
the  opinion  they  may  carry  masts,  yards  and  bow- 
spritts to  Cales  as  well  as  plank  and  timber ;  this 
will  prove  of  ill  consequence  if  not  prevented  at  home. 
But  I  shall  take  speciall  care  for  the  future  that  none 
shall  be  exported  till  I  hear  from  home."  etc.  Signed, 
Rt.  Armstrong.  Copy.  2|  pp. 

547.  iv.  Same  to  Col.  David  Dunbar.  New  Hampshire 
Nov.  24,  1728.  Assures  him  of  his  zeal  and  refers  to 
his  former  letters  etc.  Signed,  Rt.  Armstrong.  Copy. 
I  p. 

547.  v.  Thomas  Haley  to  Col.  D.  Dunbar.  Boston,  Dec.  5, 
1728.  The  rigour  of  the  season  prevents  Mr.  Dunbar 
and  self  attending  our  duty  in  Nova  Scotia  etc.  The 
people  here  insinuate  difficultys  in  (our)  making  surveys 
in  that  part  from  the  treachery  of  the  Indians  but  we 
will  endeavour  to  surmount  every  difficulty  etc. 
Signed,  Thomas  Haley.  Copy.  1  p.  [C.O.  5,  10. 
Nos.  12-17.] 

[Jan.  10].  548.  Petition  of  Abraham  Meure  to  the  Council  of  Trade 
and  Plantations.  Desires  a  certificate  of  the  time  Lt.  General 
Mathew  acted  as  Commander  in  Chief  of  the  Leeward  Islands, 
with  a  view  to  obtaining  his  salary  etc.  Endorsed,  Reed.  Read 
10th  Jan.  172*.  f  p.  [C.O.  152,  16.  ff.  367,  368u.] 

Jan.  11.  549.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Reply  to  17th  Dec.  1728.  Has  no  objection  to  Act  of  Antigua 
for  making  a  settlement  on  Lord  Londonderry  etc.  Signed, 
Fran.  Fane.  Endorsed,  Reed.  13th,  Read  15th  Jan.,  172 1. 
1  p.  [C.O.  152,  16.  ff.  371,  372i;.] 

Jan.  11.  550.  Same  to  Same.  Has  no  objection  to  Act  of  Virginia, 
1728,  to  enable  William  and  Thomas  Farrer  to  sell  certain  entailed 
lands  etc.  Signed,  Fran.  Fane.  Endorsed,  Reed.  13th  Jan., 
Read  13th  Feb.,  172 5.  |  p.  [C.O.  5,  1321.  ff.  98,  990.] 


AMERICA  AND   WEST  INDIES. 


297 


1729. 
Jan.  14. 

Plantation 

Office, 
Whitehall. 

Jan.  14. 

Whitehall. 


Jan.  15. 

Whitehall. 


Jan.  15. 

Jamaica. 


551.  Certificate  as  to  length  of  time  of  Lt.  General 
Mathew's  government  of  the  Leeward  Islands,  (v.  10th  Jan.) 
Signed,  A. P.  1  p.  [C.O.  152,  16.  ff.  369,  370r.] 


552.  Mr.  Popple  to  Mr.  Fane.  Presses 
Jamaica  laws.  (v.  C.S.P.  1728.  30th  July.) 
p.  260.] 


for    report    on 
[C.O.   138,   17. 


553.  Council  of  Trade  and  Plantations  to  the  King.     Repre- 
sentation on  reference  of  Oct.   6th   1728   q.v.     Continue :  -The 
preservation  of  your  Majesty's  woods  in  America  is  a  matter 
which  we  have  at  all  times  thought  of  very  great  consequence 
to  this  Kingdom,  and  have  represented  the  same  in  several 
reports  etc.     Refer  to  report  of  20th  March.     Conclude : — As 
to  the  building  a  fort  at  Casco  Bay  for  the  protection  of  ships 
whilst  they  are  loading  masts  there,  we  humbly  conceive,  that 
service  may  be  as  well  perform'd  by  one  of  H.M.  ships  of  war 
station'd  in  those  parts  ;  and  we  are  of  opinion,  that  the  building 
a  fort,  as  proposed,  will  be  too  great  an  expence  for  a  temporary 
service,  for  so  soon  as  the  masts  shall  have  been  cut  down  in 
the  neighbourhood  of  Casco  Bay,  the  same  reasons  wou'd  hold 
as  good  for  building  a  fort  in  another  place.     [C.O.   5,   916. 
pp.  175-177.] 

554.  Governor  Hunter  to  the  Council  of  Trade  and  Planta- 
tions.    In  pursuance  of  H.M.  orders  and  my  duty  I  have  been 
hard  at  work  in  putting  this  island  in  some  state  of  safety  from 
insults  or  surprize,  by  a  better  regulation  of  the  militia  and 
forts,  and  putting  the  places  or  posts  of  danger  into  a  better 
state    of    defence ;    the    inclos'd    copies    of    ye    Minutes    and 
Resolutions  of  the  Council  and  Council  of  Warr,  will  in  some 
measure  inform  your  Losps.  of  our  endeavours  for  that  purpose. 
Refers  to  enclosed  account  of  stores  of  war.     Continues  : — Before 
I  left  Engld.  I  had  made  application  to  H.M.  for  what  of  that 
kind  I  judg'd  necessary  etc.,  and   left  the   solicitation  of  it  to 
Coll.    Lilly   whom   H.M.    had   appointed   our  Ingeneer.     That 
gentleman  has   been  with  great  impatience   expected  a  long 
time.     I  am  however  going  on  as  well  as  I  can  without  him. 
The  settlement  at  Port  Antonio  goes  on  with  successe.     That 
harbour  by  all  accounts  as  well  of  the  King's  Officers  as  others 
is  the  best  and  safest  in  America.     I  have  at  the  request  of  the 
setlers  there  sent  thither  six  piece  of  Ordnance  for  countenance 
and  security  to  that  infant  settlement.     The  planters  will  mount 
them  and  throw  up  a  breast  work  at  their  own  cost  till  a  fort  be 
raised  there.     The  Assembly  is  to  meet  here  on  the  22nd  instant. 
They  are  say'd  to  be  cooler.     I  know  not  what  effect  the  diss- 
appointment  as  to  their  sugar  bill  may  have  when  they  meet, 
but  am  well  perswaded  that  it  had  its  rise  from  those  who  had 
no  other  view  but  to  obstruct  or  puzle  the  public  affairs  tho' 


298 


COLONIAL   PAPERS. 


1729. 


Jan.  15. 

Jamaica. 


Jan.  15. 

Jamaica. 


many  unwary  honest  men  gave  in  to  't.  H.M.  approbation  of 
the  laws  pass'd  and  transmitted  to  your  Losps.  will  go  a  great 
way  in  setting  matters  to  rights  and  upon  a  better  footing.  As 
soon  as  I  can  have  the  accounts  of  the  numbers  of  ye  people 
and  the  slaves  perfected  I  shall  send  them.  I  shall  in  every 
thing  within  my  power  act  for  H.M.  service  and  the  prosperity 
of  the  Island  etc.  Signed,  Ro.  Hunter.  Endorsed,  Reed.  25th 
April,  Read  21st  May,  1729.  Holograph.  2  pp.  Enclosed, 
554.  i.  Minutes  of  Council  of  Jamaica,  7th  Jan.,  1728(9). 

Endorsed,  Reed.  5th  April,  1729.     3  pp. 
554.  ii.  Minutes  of  Council  of  War,  St.  Jago  de  la  Vega,  7th 

Jan.,  1728(9).     Endorsed  as  preceding.     3  pp. 

554.  iii.  Account  of  stores  of  war  and  Ordnance  at  Jamaica 

and  of  stores  of   war    wanted.      Endorsed   as   No.    i. 
2  pp.     [C.O.  137,  18.    ff.  1,  Iv.,  2v.-8.] 

555.  Governor  Hunter  to   \?    Lord  Townshend].     On  the 
16th  of  last  moneth  by  the  Successe  I  had  the  honor  of  your 
Losps.  letter  with  H.M.   orders  to  put  this  island  into  such 
posture  as  may  obviate  insults  or  surprize.     I  had  indeed  been 
labouring  hard  to  that  effect  before,  what  has  been  done  since 
the  inclosed  copies  of  the  Minutes  of  Council,  and  Council  of 
Warr  will  in  a  good  measure  inform  you  ;    the  Militia  here  was 
in  the  greatest  disorder,  partly  by  the  long  interruption  of  the 
course  of  laws  and  in  a  good  deal  from  commissionating  of  some 
of  no  rank  or  weight  formerly  which  made  those  who  were  of 
ye  other  sort  decline  the  service.     I  hope  I  have  remedy'd  that 
and  we  are  now  in  a  fair  way  of  having  a  better  Militia  which 
is  indeed  our  chiefe  strength.     I  have  long  expected  the  Engineer 
appointed,  but  am  going  on  as  well  as  I  can  without  him.     I 
can  hear  of  no  preparations  of  the  Spaniard  on  this  side,  neither 
have  they  since  the  departure  of  ye  fleet  from  Havana  more 
then  six  ships  of  warr  left  here.     I  shall  do  my  best  in  every- 
thing within  my  power  that  H.M.  service  here  suffer  nothing 
whilst  I  have  the  honor  of  this  trust  etc.     Signed,  Ro.  Hunter. 
Endorsed,    5   Apr.    duplicate.     Holograph.     2  pp.     Enclosed, 

555.  i.  List  of  stores   of  war  etc.   remaining  and  wanting  at 

Fort  Charles  in  Port  Royal.     1  large  p.     [C.O.  137, 
47.     Nos.  1,  1.  i.] 

556.  Governor  Hunter  to  Mr.  Popple.      Repeats   part    of 
preceding.      Continues : — In  case  of  a  rupture    I    have    been 
strugling  hard  to  bring  the  Militia  into  some  order  which  was 
in  the  greatest  confusion  by  means  as  it  is  alledg'd  of  the 
corruption  of  the  Secretarys  of  some  former  Govrs.  who  had 
worthless  men  put  into  these  posts  for  a  little  mony  with  whom 
these  of  rank  would  not  serve.     I  hope  that  is  remedy'd  and  I 
have  no  reason  to  be  dissatisfied  wth.  what  I  have  seen    at 
several  reviews.     Refers  to  his  difficulty  in  getting  a  Quorum 


AMERICA    AND   WEST   INDIES. 


299 


1729. 


Jan.  15. 

Jamaica. 


Jan.  15. 

Jamaica. 


Jan.  16. 

Jamaica. 


of  the  Council,  as  8th  March  q.v.  Continues  : — Mr.  Pusey's 
seat  is  vacant  by  the  General  Instruction  by  his  long  absence 
etc.  I  have  wrote  to  the  Agent  to  beg  some  order  from  the 
Secy,  of  State  for  Warr  for  my  conduct  in  case  of  vacancy's  in 
the  Commissions  of  the  two  Company s.  For  in  this  country 
it  may  so  fall  out  that  a  Corporal  may  be  the  Commanding 
Officer  till  I  receive  orders  from  home  which  come  not  with 
great  expedition  etc.  Signed,  Ro.  Hunter.  Endorsed,  Reed. 
3rd,  Read  21st  May,  1729.  If  pp.  [C.O.  137,  17.  ff.  145, 
145t;.,  146r.] 

557.  Governor  Hunter  to  the  Duke  of  Newcastle.  On  the 
16th  of  last  moneth  I  had  the  honor  of  a  letter  from  my  Lord 
Townshend  from  Windsor  Sept.  15th  with  H.M.  orders  to  take 
such  measures  as  might  obviate  insults  or  surprize  etc.  Repeats 
part  of  preceding.  Continues : — The  settlement  at  Port 
Antonio  goes  on  with  a  very  promiseing  aspect,  the  harbour 
is  the  best  and  safest  in  all  America.  I  have  sent  some  gunns 
thither  and  the  planters  there  will  of  themselves  make  such 
works  as  they  can  to  secure  themselves  agst.  insults  etc. 
Signed,  Ro.  Hunter.  Endorsed,  R.  5th  April.  Holograph. 
2^  pp.  Enclosed, 

557.  i.  Minutes  of  Council  of  Jamaica,  7th  Jan.,  1729.  On 
hearing  H.M.  letter  of  Sept.  15th,  resolved  that 
Hanover  Line  and  the  Rock  Fort  and  line  be  repaired, 
and  a  platform  of  6  guns  be  erected  at  Carlisle  Bay  etc. 
Copy.  3%  pp. 

557.  ii.  List  of  Ordnance  Stores  in  Jamaica,  and  what  is 
required.  2  pp. 

557.  iii.  Minutes  of  Council  of  War.     St.  Jago  de  la  Vega, 

7th  Jan.,  1729.     3  pp.     [C.O.     137,     53.     ff.    97-102, 
103-104i;.] 

558.  Governor     Hunter    to     Mr.     Stanyan.        Refers     to 
preceding  letter.     Is  surprised  that  he  has  received  no  instruc- 
tions   relating    to    Mr.    Coleman's    affair.     Has    not    had    the 
satisfaction  of  one  letter  from  him  since  his  arrival  etc.     Signed, 
Ro.    Hunter.     Endorsed,    Rd.    April    9th.     Holograph.     1    p. 
[C.O.  137,  53.     ff.  105,  106i;.] 

559.  Same  to  Same.     Encloses  following   for  his   Grace's 
consideration,     "  The    man   is   really   near   to   idiotism "     etc. 
Signed  and  endorsed  as  preceding.     1  p.     Enclosed, 

559.  i.  (a)  Petition  of  Robert  Karby  to  Governor  Hunter. 
Sentenced  to  death  for  coining  two  pieces  of  base 
money,  the  petitioner  confesses  that  he  was  legally 
sentenced,  but  pleads  that  he  was  wholly  ignorant 
that  it  was  penal  to  make  or  utter  the  same.  Prays 
for  H.M.  pardon  etc.  Signed,  Henry  Karby.  Overleaf, 


300 


COLONIAL   PAPERS. 


1729. 


559.  i.  (b)  Recommendation  of  said  convict  as  a  fit  subject 
for  H.M.  pardon  or  reprieve  by  the  Chief  Justice  and 
the  Judges  of  the  Supreme  Court.  Dec.  9,  1728. 
Signed,  Richd.  Mill,  John  Hudson  Guy,  Ja.  Gary, 
Edw.  Charlton.  l£  pp.  [C.O.  137,  53.  ff.  107, 


Jan.  16. 

London. 


Jan.  16. 

St.  Chrisrs. 


560.  Mr.  Dunbar  to  Mr.  Popple.  Encloses  following, 
received  from  his  brother,  and  hopes  they  may  give  some  hints 
for  the  intended  bill  next  session  of  Parliament  for  preventing 
such  abuses.  Will  attend  the  Board  as  appointed  etc.  Signed, 
David  Dunbar.  Endorsed,  Reed.  17th,  Read  23rd  Jan.,  172  J. 
f  p.  Enclosed, 

560.  i-v.       Duplicates    of  Nos.    547    i-v.       [C.O.   323,   8. 

Nos.  104,  104.  i-v.] 

561.  Governor  the  Earl  of  Londonderry  to  the  Council  of 
Trade  and  Plantations.     Encloses  papers  containing  the  dispute 
between  two  Councillors  touching  their  seniority  or  right  of 
Presidentship  in  his  absence  and  that  of  the  Lt.  General.     Con- 
tinues :  —  Already  (tho'  before  my  arrival)  great  inconveniencys 
have  happen'd  from  this  dispute,  that  even  prevented  a  Quorum 
of  the    Council   meeting   a   long    while,    and   thereby  greatly 
obstructed  publick  business  etc.     I  have  judg'd  not  proper  to 
give  my  opinion  upon  the  affair  here  etc.     Asks  for  a  speedy  and 
final    decision.     Signed,    Londonderry.     Endorsed,    Reed.    31st 
March,  Read  9th  April,  1729.     If  pp.     Enclosed, 

561.  i.  Mr.  Estridge  to  Governor  the  Earl  of  Londonderry. 
In  the  dispute  between  Col.  Phipps  and  me  for  the 
Presidency   in    Council!,    wch.    now   lies    before   your 
Excellency  for  your  judgment,  etc.,  Mr.  Phipps  urges 
that  he  was  sworn  into  Council  before  me,  and  that 
his  warrant  for  being  admitted  a  Councellour  is  of  an 
older  date  than  mine.     But  (i)  he  was  sworn  by  the 
Governour,  who  had  no  power  to  do  it  at  that  time, 
there     being     7     Councellours     then     residing     etc. 
Councellours    have    always    taken    place    from    their 
allowance  by  the  King  and  not  from  the  Governour's 
admission.     Thus  it  was  in  the  case  of  Mr.  Helden, 
who  was  sworn  a  Councellour  by  Mr.  Douglas,  and 
sat  many  months  before  Ralph  Willett  was  appointed 
by  the  late  Queen  ;    and  yet  Mr.  Willett  being  named 
in  the  Instructions  before  Mr.  Helden,  the  latter  gave 
place  to   him.     For  the   like   reasons   Mr.   McDowall 
gave  place  to  Charles  Payne  and  John  Garnett,  and 
likewise  Mr.  Liddell  to  Mr.  Millward.     (ii)  As  to  his 
warrant  from  the  late  Queen  being  of  an  older  date 
than  mine,  the  Councellours  here  take  their  seats  by  the 
bare  nomination  of  the  Prince,  they  have  no  Commission 


AMERICA   AND   WEST   INDIES.  301 

1729. 

or  Warrant  for  so  doing.  The  King's  nomination 
of  persons  in  his  Instructions  to  his  Governours, 
is  all  the  appointment  they  sit  in  Councell  by,  and  the 
warrants  wch.  the  King  afterwards  grants  for  admitting 
particular  persons  into  Councill,  are  no  more  than 
Additional  Instructions  for  that  purpose,  and  cannot 
regard  any  succeeding  Governour.  We  have  a  present 
instance  of  a  gentleman,  who  but  few  years  ago,  had 
a  warrant  directed  to  the  last  Governour  to  admit  him 
a  Councellour,  but  being  left  out  of  your  Excellency's 
Instructions,  he  cannot  claim  a  seat  here  etc.  Argues 
that  he  was  appointed  by  the  late  Queen  some 
time  before  Mr.  Phipps,  and  that  his  late  and  present 
Majesty  have  always  placed  him  before  Mr.  Phipps  in 
regard  of  that  nomination  and  without  regard  to 
the  date  of  the  warrant  etc.  Quotes  correspondence 
(1708)  on  this  subject  with  Stephen  Duport,  Agent 
of  St.  Kitts,  and  argues  at  length.  Signed,  Jos. 
Estridge.  Endorsed,  Reed.  31st  March,  1729.  6f 
large  pp. 

561.  ii.  Mr.  Phipps  to  Governor  the  Earl  of  Londonderry. 
His  appointment  by  the  Governor  having  been 
approved  of  at  home,  that  appointment  must  be  valid 
and  take  place  from  the  time  of  his  first  admission  in 
the  Council.  It  is  on  record  that  he  had  his  seat  at 
the  Board  long  before  Mr.  Estridge  etc.  Argued  at 
length.  Signed,  Francis  Phipps.  Endorsed  as  pre- 
ceding. 4  large  pp. 

561.  iii.  Mr.  Estridge  to  Governor  the  Earl  of  Londonderry. 
Reply  to  preceding.  Signed  and  endorsed  as  No.  i. 
4  large  pp. 

561.  iv.  Mr.  Phipps  to  Governor  the  Earl  of  Londonderry. 
Reply  to  preceding.  Signed  and  endorsed  as  No.  ii. 
3|  large  pp.  [C.O.  152,  17.  ff.  33,  33v.,  34u.-40u., 
4<lv.-4,3v.,  44i>.-46z>.] 

Jan.  17.  562.  Mr.  Randolph,  Clerk  of  the  Council  of  Virginia  and 
Agent  of  the  Colony,  to  the  Council  of  Trade  and  Plantations. 
Appointed  by  the  Council  and  Burgesses  of  Virginia  to  solicit 
the  repeal  of  a  clause  in  an  Act  of  Parliament  prohibiting 
the  importation  of  stripped  tobacco,  he  has  submitted  a 
question  to  the  Treasury  and  believes  that  their  Lordships  are 
satisfied  that  the  Revenue  has  not  been  improved  by  this 
prohibition.  Continues  : — The  stript  tobacco  "  was  by  many 
years  experience  found  a  very  vendible  commodity,  as  it  was 
most  fit  for  the  consumption  of  this  Kingdom  and  always  sold 
for  a  higher  price,  and  upon  shorter  credit,  than  any  other 
sort ;  so  that  the  planters  could  subsist  by  their  industry,  and 
the  merchants  here  transacted  business  with  more  ease  and 


302  COLONIAL   PAPERS. 

1729. 

less  hazard  :  But  since  they  have  been  compelled  by  this  Act 
of  Parliament  to  import  the  stalk,  it  is  not  possible  for  them 
to  manufacture  it  properly  for  the  markets  of  Great  Britain  ; 
they  are  loaded  with  the  duty  and  the  freight  of  that  which  is 
not  only  of  no  value,  but  depreciates  the  pure  tobacco  at  least 
2d.  in  every  pound.  The  tobacconists  are  under  a  temptation 
to  manufacture  the  stalk  and  mingle  it  with  the  leaf,  whereby 
the  whole  commodity  is  adulterated,  and  of  course  the  con- 
sumption of  it  lessend.  And  the  merchants  are  obliged  to  keep 
great  quantities  in  their  warehouses,  and  at  last  to  sell  upon 
long  credit.  In  consequence  of  which  the  price  of  the  Planters 
labour  is  fallen  below  what  they  are  able  to  bear,  and  unless 
they  can  be  relieved,  they  must  be  driven  to  a  necessity  of 
employing  themselves  more  usefully  in  manufactures  of 
woollen  and  linen,  as  they  are  not  able  under  their  present 
circumstances  to  buy  what  is  necessary  for  their  cloathing  in 
this  Kingdom  etc.  Signed,  John  Randolph.  Endorsed,  Reed. 
Read  17th  Jan.,  172f.  2pp.  [C.O.  5,  1321.  ff.  92,  92*;.,  93v.] 

Jan.  17.  563.  Col.  Dunbar  to  Mr.  Delafaye.  Encloses  further  reports 
just  received  from  his  brother  (v.  Jan.  7).  Has  sent  copies  to 
the  Treasury,  Admiralty  and  Board  of  Trade  in  accordance  with 
his  instructions  etc.  Signed,  David  Dunbar.  Addressed.  1  p. 
[C.O.  5,  10.  No.  18.] 

Jan.  17.          564.     Same  to  Mr.  Popple.     Sends  enclosures  as  preceding. 
from         Concludes  : — Mr.   Slade,   one  of  my  Deputys,   an  experienced 
street8       sn*P  carpenter,  bred  in  the  King's  Yards  here  commends  the 
oak  plank    in    New  England,  and  tells  how  it  is  continually 
carrying  to  Portugal  and  Spaine  ;    this  may  deserve  the  con- 
sideration of  the  Lords  Commissioners  for  trade  etc.,  and  whether 
any  provision  may  be  made  in  the  intended  bill  against  it, 
especially  the  larger  sort,  without  lycence,  etc.     Signed,  David 
Dunbar.     Endorsed,  Reed.  18th,  Read  23rd  Jan.,  172£.     1  p. 
Enclosed, 

564.  i.  Jeremiah  Dunbar  to  David  Dunbar.  Boston,  New 
England,  Dec.  15th,  1728.  Mr.  Slade  return'd  2  dayes 
since  after  making  a  small  progress  thro'  the  woods 
in  New  Hampshire  and  Province  of  Maine,  etc.  I 
shou'd  have  sett  out  for  Casco  Bay  last  week,  but  we 
have  had  such  hard  frost's  without  any  snow  that  'tis 
not  possible  to  travell  on  horseback  etc.  As  soon  as 
there  is  a  little  snow,  will  go  thither  and  seize  all  the 
timber  cut  down  fit  for  H.M.  service  etc.  With  his 
deputies  will  go  as  instructed  by  the  first  vessel  in  the 
Spring  for  Anapolis.  Continues :— Mr.  Slade  complains 
very  much  of  the  expence  of  travelling,  and  I  have 
some  reason  to  believe  if  there  is  not  an  allowance 
made  for  it  that  he  will  apply  himself  to  ship-building 
here,  for  he  can  get  a  great  deal  more  than  £100  sterl. 


AMERICA   AND   WEST   INDIES.  303 

1729. 

per  arm.  As  for  myself  I  will  not  say  much  till  I 
see  you,  tho'  the  expence  of  our  voyage  and  at  least 
£50  sterl.  a  piece  wch.  you  know  Mr.  Haley  and  I  paid 
for  mathematical  instruments  has  pinch'd  us  both 
very  much,  and  tho'  you  may  have  heard  that  'tis 
cheap  liveing  in  this  country  you'll  not  think  so  when 
I  assure  you  a  common  labourer  can  get  7  or  8  shillings 
of  this  money  pr.  diem,  wch.  is  equal  to  about  \  a 
crown  English.  Mr.  Slade  likewise  saves  yt.  it  will 
be  impossible  for  us  to  do  our  duty  without  a  small 
scooner,  wch.  is  a  kind  of  vessel  much  us'd  upon  this 
coast ;  for  there  are  so  many  rivers  in  this  country 
yt.  it  will  be  both  mighty  tedeous  and  expensive 
travelling  by  land,  and  further  as  our  Instructions  for 
Nova  Scotia  directs  us  to  have  regard  to  the  woods 
lying  upon  the  sea  coasts  and  most  navigable  rivers, 
we  can  never  make  any  judgment  wch.  rivers  are  most 
so  without  going  up  and  down  and  sounding  them  etc. 
Signed,  Jer.  Dunbar.  Copy.  1|  pp. 

564.  ii.  Mr.  Slade  to  David  Dunbar.  Boston,  Dec.  16,  1728. 
I  etc.  find  the  woods  in  New  Hampshire  allmost 
destroy'd,  so  that  if  our  Instructions  be  not  supported 
by  an  Act  of  Parliament  forbidding  the  cutting  of 
white  pine  trees  of  any  dimentions  whatever  as  well 
in  townships  as  out  of  townships  H.M.  in  few  years 
will  have  but  a  small  supply  of  masts  out  of  this 
Province.  I  proceeded  further  into  the  Province  of 
Maine  and  so  to  Casco  Bay,  where  the  America  was 
loading  wth.  masts  for  H.M.  yards  Portsmouth  and 
Plymouth.  This  Province  abounds  wth.  plenty  of 
white  pine  trees  and  white  oak's  growing  on  a  blewish 
clay  and  in  my  opinion  preferable  for  plank  to  any  H.M. 
yards  is  supply'd  with  from  Eastern  parts.  I  heartily 
wish  ye  Government  would  make  an  experiment 
therein  etc.  Enquires  whether  such  white  oaks  are 
not  to  be  preserv'd  from  ruin  as  well  as  white  pine 
trees.  Refers  to  enclosed  account  and  asks  for 
travelling  allowance  etc.  Continues  : — There  is  a  ship 
of  400  tuns  now  at  Piscadaway  loading  with  fine 
kelson  pieces  4  inch  and  3  inch  plank,  the  kelson 
pieces  are  from  70  to  50  long  fine  white  oak  timber 
and  plank  preferable  in  my  opinion  to  any  serv'd  into 
any  of  H.M.  yards  in  England,  this  ship  loads  twice 
a  year  to  Spain  etc.  Submits  that  it  would  be  more 
for  H.M.  intrest  to  put  a  stop  to  such  proceedings  and 
reserve  such  fine  long  timber  plank  for  his  own  proper 
use  wch.  is  and  will  be  so  much  wanted  in  England 
etc.  Repeats  part  of  preceding.  Signed,  Aurther  Slade. 
Copy.  2  pp.  Enclosed, 


304  COLONIAL   PAPERS. 

1729. 

564.  iii.  Account  of  masts  etc.  shipped  for  H.M.  service  on 
board  the  America,  and  of  masts  cut  down  and  marked 
for  the  Contractor  in  the  Province  of  Maine.  Copy. 
f  p.  [C.O.  324,  8.  Nos.  105,  105  i-iii.] 

Jan.  19.  565.  Thomas  Lowndes  to  [?  Mr.  Delafaye].  To-morrow 
morning  I  must  wait  upon  your  Honour,  for  an  answer  to  the 
Lords  Props,  of  Carolina's  Memorial.  I've  been  the  means 
(under  the  direction  of  my  Lord  Westmoreland)  of  bringing, 
in  a  great  measure,  the  contract  to  bear  so  far ;  and  will  do 
everything  an  honest  man  can  do,  to  mollify  the  Props.  But, 
indeed,  they  think  themselves  ill  used.  I  was  the  first  that 
set  the  notion  on  foot  for  obstructing  the  Spanish  Plate  Fleet 
in  the  Gulf  of  Florida,  and  the  drafts  I  have  are  the  only  ones 
to  be  depended  on.  I  will  bring  them  along  with  me  to  shew 
them  yr.  Honour.  I  drew  up  the  reasons  to  justify  the 
prudence  of  the  Ministers  in  purchasing  the  country  as  Mr. 
Henry  Pelham  and  14  more  of  the  House  of  Commons  know, 
a  copy  of  wch.  I  will  present  your  Honour  etc.  Signed,  Tho. 
Lowndes.  2  pp.  [C.O.  5,  306.  No.  10.] 

[?Jan.  20.]  566.  Some  reasons  to  shew  the  absolute  necessity  for  the 
Crown's  buying  the  Propriety  of  the  Carolinas  as  also  the 
advantagiousnesse  of  that  purchase  to  the  publick  (v.  preceding). 
In  case  of  a  rupture  with  France  or  Spain,  it  must  in  the 
condition  it  was  in,  by  the  disunion  of  the  Proprietors  and  the 
animositys  between  the  Props,  and  the  inhabitants  have 
inevitably  fallen  a  prey,  unless  the  British  Nation  had  at 
a  very  great  expence  rescued  the  Colony,  which  under  the 
immediate  protection  of  the  Crown  may  in  a  great  measure 
be  made  able  to  defend  itself  etc.  It  has  for  its  contingent 
charges  for  many  years  past  raised  about  £7000  pr.  ann.  ; 
which  with  the  quit  rents  (estimated  at  £1000  per  ann.)  will 
under  a  proper  regulation  go  near  to  defray  the  expences  of  the 
Government.  If  the  Provisional  Government  had  been  con- 
tinued, the  British  Establishment  could  never  have  been  freed 
of  the  expence  of  the  Governour's  sallary  and  the  Independent 
Company.  The  arrears  of  quit-rents  purchased  by  the  Crown 
and  estimated  very  low  in  the  Proprietors'  account  will  be  a 
means  to  make  the  inhabitants  to  come  into  proper  measures  to 
lay  upon  themselves  some  duty  which  they  are  well  able  to  bear 
in  order  to  defend  the  Province  etc.  Continues  : — By  a  good 
settlement  being  made  at  Port  Royal  where  (by  all  accounts 
there  is  a  noble  harbour)  the  conjunction  of  the  power  of  France 
and  Spain  will  not  only  be  prevented  but  as  long  as  we  are 
masters  of  the  sea  we  can  lay  a  very  great  restraint  upon  the 
Spanish  Navigation  in  America.  For  the  Spanish  Plate  Fleet 
from  Mexico  must  of  necessity  pass  very  near  our  coast,  and 
that  from  Peru  can  not  without  the  greatest  difficulty  avoid 


AMERICA   AND   WEST   INDIES. 


305 


1729. 

it.  By  keeping  a  competent  number  of  men  of  war  there 
British  commerce  will  be  entirely  protected  from  the  Spanish 
privateers  which  were  always  fitted  out  at  Fort  Augustino,  a 
place  notorious  for  the  mischief  our  trade  has  even  of  late 
received  etc.  If  North  Carolina  is  made  a  district  of  Virginia, 
besides  the  tenths  reserved  upon  the  whale  fishery,  the  revenue 
by  quit  rents  which  always  bore  the  charge  of  the  establishment 
will  bring  an  immediate  profit  to  the  Crown  of  about  £600 
sterling  yearly.  It  is  acknowledged  by  all  persons  that  the 
most  fertile  and  healthy  part  of  all  America  is  the  tract  of  land 
lying  between  Port  Royal  in  South  Carolina  and  Florida  and 
well-watered  by  navigable  rivers  and  if  it  be  let  out  at  a  proper 
quitt  rent  as  in  Maryland  and  Pensilvania  (the  Crown  not  being 
under  any  obligation  as  to  the  quitt  rents  for  lands  not  yet  set 
out  in  S.  Carolina  as  it  is  in  Virginia)  'twill  in  a  very  few  years 
not  only  ease  the  British  establishment  but  bring  in  a  competent 
sum  to  be  remitted  to  Great  Britain  or  to  be  disbursed  for  setting 
on  foot  in  America  the  silk  or  any  other  manufacture  etc.  3  pp. 
[C.O.  5,  306.  No.  11.] 

Jan.  23.  567.  President  Middleton  to  the  Council  of  Trade  and 
So.  Carolina,  Plantations.  Encloses  Minutes  of  Council  Dec.  1727 — 27th 
July,  1729  and  Journal  of  Assembly  Jan.  1727— July  1728, 
in  support  of  the  Representation  of  the  Council  (v .  2nd  July, 
1729),  who  have  appointed  Stephin  Godin  their  Agent,  in  order 
to  obtain  proper  Instructions  for  the  new  Governor,  etc.  Signed, 
AT.  Middleton.  Endorsed,  Reed.  27th  March,  Read  16th  July, 
1729.  1  p.  [C.O.  5,  360.  ff.  157,  I58v.] 


Charles 
Town. 


[?Jan.  23.] 


Jan.  23. 


568.  Council  of  S.  Carolina  to  the  Council  of  Trade  and 
Plantations.     Pray  for  despatch  of  their  affairs  when  referred 
to  them  (v.  July  2,  1729),  as  the  emergency  requires.     Have 
appointed    Stephen  Godin  of  London,  Merchant,  their  Agent 
etc.     Signed,  Ra.  Izard,  Wm.  Bull,  A.  Skene,  James  Kinloch, 
Char.    Hart,    Benja.    Schenckingh,    Benja.    de    la    Conseillere. 
Endorsed,   Reed.   1st  April,   Read  16th  July,   1729.     (Without 
date,  v.  preceding.}     [C.O.  5,  360.    ff.  159,  1600.] 

569.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Has  no  objection  to  6  Acts  of  Jamaica  submitted  to  him  30th 
July.     Signed,  Fran.  Fane.     Endorsed,  Reed.  24th  Jan.,  Read 
25th  Feb.,  172f .     1  p.     [C.O.  137,  17.    ff.  135,  I860.] 


Jan.  23.         570.     Governor  Burnet  to  Mr.  Popple.      Encloses  old  seal 
Boston.       etc.,  and  begs  for  dispatch  of  what  lies  before  the  Board  relating 
to  the  Province.     Signed,  W.  Burnet.     Endorsed,  Reed.  17th, 
Read  18th  March,  172f.     1  p.     [C.O.  5,  870.    ff.  192,  197u.] 


C.P.  XXXVI— 20 


306 


COLONIAL   PAPERS. 


1729. 
Jan.  23. 

Boston. 


571.     Governor    Burnet    to    the    [?    Duke    of    Newcastle], 
Acknowledges   seals   etc.      Continues :   After   the    Assembly    at 
Salem  had  disputed  my  power  of  adjourning  them  for  two 
months  and  during  that  time  refused  to  do  any  business,  they 
at  last  found  themselves  obliged  to  go  upon  the  ordinary  affairs 
of  the  Province,  to  silence  the  clamours  of  the  people.     They 
at  the  same  time  drew  up  a  memorial  to  H.M.  to  shew  cause 
why  they  have  not  complyed  with  his  Instruction,  and  upon 
my  desiring  a  copy  of  it,  they  refused  it  to  me.     But  as  I  was 
informed  of  the  substance,  I  have  sent  a  draught  of  an  answer 
to  it,  enclosed  in  my  letter  to  the  Lords   of  trade  etc.,  tho'   I 
am  humbly  of  opinion  that  their  memorial  has  so  little  need  of 
an  answer,  that  it  is  itself  an  aggravation  of  their  undutifull 
behaviour.     I  hope  your  Grace  will  think  it  absolutely  necessary 
to   take   effectual   measures   in   parliament,   to   vindicate   and 
support  H.M.   just  authority  which   has   been   so   shamefully 
slighted    and    affronted    by    this    Assembly,    etc.     Signed,    W. 
Burnet.     Endorsed,  Duplicate,  Rd.  Apr.  10th.     3  pp.     Enclosed, 
571.  i.  Governor  Burnet's  answer  to  the   Memorial  of  the 
Assembly  of  the  Massachusetts  Bay,  Nov.  22,  1728. 
In  order  to  give  a  full  answer  to  the  Memorial  of  the 
House,    I  applyed  to  them  on  20th  Dec.  for  a  copy 
etc.,  but  received  for  answer  that  they  did  not  think 
it  proper  to  allow  any  copy  of  their  memorial  to  be 
given   out.     Upon  this  denial  I   prorogued  them  to 
5th  Feb.,  that  they  might  if  possible  wear  off  these 
ill  impressions  by  a  long  recess.     In  the  mean  time 
I  have  endeavoured  to  inform  myself  of  the  substance 
from  those  who   had  heard  it  read  etc.      They  say 
that  Governours  of  remote  colonys  have  always  been  apt 
to  oppress  the  people :    that  H.M.  cannot  easily  know 
the  truth,  and  therefore  yt.  it  is  best  that  Governours 
should  depend  on  the  people  for  their  salary.     That  the 
civil  list  is  only  settled  for  the  King's  life,  and   that   a 
settling  a  salary  for  the  time  being  would  be  doing  no 
more  and  that   as   Englishmen   and  by  their   Charter 
they  are  free  as  to  giving  of  money.     To  all  this  it  may 
easily  be  answered   that    Governours  have  no  doubt 
their  faults,  but  it  has  been  under  arbitrary  govern- 
ments and  at  the  head  of  great  army's  only  that  they 
have  been  able  to  hurt  the  people's  liberty's.     That 
Governours  are  not  the  only  persons  guilty  of  ambition  ; 
that  men  that  affect  to  be  popular  in  free  nations 
have   better   oppurtunitys    to   get   exorbitant   power 
than  any  Governour  etc.      That  if  H.M.  does  not  hear 
the  truth  from  Governours,  it  does  not  follow  that  he 
can  depend  upon  it  from  Assemblys  who  are  often 
under  the  influence  of  men  who  attack  the  prerogative 
only  to  gain  more  power  into  their  own  hands.     That 


AMERICA   AND   WEST   INDIES.  307 

1729. 

this  is  now  the  very  case  of  this  Province  of  which 
the  Government  at  home  had  full  experience.  For 
Dr.  Cook,  the  very  same  person  who  put  the  Assembly 
upon  making  encroachments  upon  the  King's  rights 
in  Governor  Shute's  time  and  who  defended  them 
as  their  agent  in  England  is  now  the  chief  leader  of 
the  present  Assembly  in  the  like  attempts.  And 
for  this  reason  it  is  most  dangerous  that  a  Governour 
should  depend  on  such  an  Assembly  which  is  in  other 
words  to  depend  on  Dr.  Cook  a  profest  enemy  to  the 
King's  lawfull  authority  in  this  Province.  That  if 
the  salary  was  settled  here  during  H.M.  life  upon 
the  Governour  for  the  time  being  it  might  be  taken 
as  a  complyance  with  the  Instruction,  and  that  would 
be  doing  no  more  than  is  done  in  Great  Britain.  That 
it  never  was  pretended  in  England  that  settling  the 
civill  list  was  against  the  freedom  of  the  people  and 
therefore  it  is  a  frivolous  pretence  here  and  it  would  be 
a  high  presumption  in  this  Colony  to  pretend  that  their 
Charter  gives  them  greater  priviledges  than  are  enjoyed 
by  the  people  of  Great  Britain.  They  complain  of 
my  keeping  them  so  long  sitting  to  bring  them  to  a 
compliance  etc.  I  thought  my  Instruction  to  insist 
on  an  immediate  complyance  made  it  necessary  etc. 
They  impute  to  me  their  long  sitting  at  Salem  whither 
they  say  I  removed  them  upon  a  groundless  pretence.  But 
this  is  intirely  a  misrepresentation.  For  they  them- 
selves were  the  sole  cause  of  the  long  sitting  at  Salem 
to  the  needless  charge  of  the  Province  by  their  refusing 
to  allow  the  adjournment,  in  open  contempt  of  the 
order  of  his  late  Majesty  in  Council  upon  the  hearing 
of  Governour  Shute's  complaint  and  so  neglecting  to 
do  the  ordinary  business  of  the  Province  for  two  months 
against  the  opinion  of  the  Council  which  raised  such 
a  clamour  against  them  that  they  did  go  through  it 
at  last,  and  as  soon  as  that  was  over  I  gave  them  a 
recess.  All  which  appears  by  their  votes,  and  I  think 
I  had  reason  enough  to  remove  them  from  Boston 
upon  that  town's  coming  to  a  publick  declaration 
against  the  King's  instruction  at  a  town  meeting  held 
on  purpose  and  where  Mr.  Belcher  whom  they  have 
since  chose  their  second  Agent  in  Great  Britain, 
presided  as  moderator.  They  next  reproach  me  with 
the  expensive  reception  and  entertainment  which  they 
gave  me  at  first  when  at  the  same  time  the  Province  was 
in  debt ;  and  yet  they  offered  me  large  sums  at  different 
times  which  I  refused.  Their  expenses  on  my  reception 
were  not  desired  by  me  and  since  their  debts  did  not 
prevent  so  unnecessary  a  charge,  I  thought  I  might 


308 


COLONIAL   PAPERS. 


1729. 


Jan.  24. 

Boston. 


Jan.  24. 

North 
Carolina. 


571. 


from  thence  conclude,  they  would  shew  due  regard 
to  H.M.  demands.  But  the  sums  they  offered  me 
were  contrary  to  my  Instruction  and  therefore  could 
not  be  accepted  by  me.  They  hope  however  that  H.M. 
will  be  satisfied  with  their  offers  from  time  to  time,  etc. 
Their  method  being  the  very  thing  against  which 
H.M.  instruction  is  levelled  and  being  avowed  by  them 
in  this  memorial  to  be  done  for  that  very  reason  at 
which  H.M.  has  declared  himself  offended,  to  wit, 
to  make  their  Governour  dependent  on  them,  it 
cannot  be  thought  that  H.M.  will  be  anyways  satisfied 
with  their  excuses.  But  I  humbly  hope  the  matter 
will  be  forthwith  laid  before  the  legislature  as  H.M. 
has  graciously  been  pleased  to  declare  it  should  in 
case  of  a  refusal.  Signed,  W.  Burnet.  6  pp. 
ii.  Duplicate  of  following.  [C.O.  5,  898.  Nos.  52, 
52,  i,  ii  ;  and  (without  enclosures)  5,  752.  No.  37.] 


572.  Governor  Burnet  to  the  Council  of  Trade  and  Plan- 
tations. There  has  no  ship  sailed  from  this  port  for  London 
since  my  last  of  27th  Nov.  till  now,  and  therefore  I  have  kept 
the  remainder  of  the  votes  to  send  by  this  ship.  Your  Lord- 
ships will  find  by  them  that  the  Council  had  stood  firmly  for 
H.M.  Prerogative  as  to  the  adjournment  of  the  Assembly  to 
Salem.  Refers  to  their  Memorial  etc.  as  in  preceding  letter. 
Continues  :  I  was  prevailed  upon  by  my  friends  in  the  Assembly 
whose  affairs  suffered  very  much  to  give  them  a  recess  before 
Christmas,  which  tho'  against  my  own  inclination  I  at  last 
yielded  to  and  have  been  importuned  to  continue  the  recess 
to  the  5th  of  March,  when  I  intend  to  meet  them  again  without 
fail  for  to  go  through  the  business  of  the  Province  still  depending. 
But  as  to  the  fixing  of  a  salary  I  have  no  expectation  to  succeed 
in  it,  till  a  censure  of  Parliament  is  past  upon  the  proceedings  of 
the  Assembly  which  I  hope  your  Lordships  will  obtain  so  as  to 
have  it  sent  early  in  the  Spring  before  this  Assembly  expires, 
which  it  must  at  the  end  of  April.  I  have  just  now  received 
your  Lordships'  letter  of  23rd  Oct.,  1727  (sic)  together  with  the 
new  seals,  etc.  Returns  old  seal  and  will  return  that  of  N. 
Hampshire  when  he  goes  there,  etc.  Signed,  W.  Burnet. 
Endorsed,  Reed.  17th,  Read  18th  March,  172$.  3| pp.  Enclosed, 

572.  i.  Duplicate  of  No.  571  i.     Same  endorsement.     [C.O.  5, 

870.     ff.  195-196?;.,  198-202,  2080.] 

573.  Mr.  Porter  (Judge  of  the  Admiralty  in  N.  Carolina) 
to  the  Duke  of  Newcastle.     Abstract.     Encloses  copy  of  an  order 
signed   by   Governor   Sir   Richard   Everard   to   John   Lovick, 
acting  as  Secretary  under  the  late  Proprietors,  who  has  refused 
to  obey  the  same.     Continues  :    Your  Grace  will  comprehend 
by  the  contents  of  that  order  what  management  there  has  been 


AMERICA   AND   WEST   INDIES. 


309 


1729. 


Jan.  24. 

Whitehall. 


Jan.  27. 


Jan.  29. 

Whitehall. 


here  concerning  lands  for  many  years  past,  etc.  There  was  an 
order  from  the  Lords  Proprietors  ever  since  1711  forbidding 
the  issuing  out  warrants  for  land  in  the  Southern  parts  of 
this  Governmt.  unless  purchased  at  £20  sterl.  per  1000  acres. 
Notwithstanding  which  the  present  Secretary  has  emitted  a 
great  number  of  such  warrants  to  the  quantity  of  some  100,000 
acres,  and  still  continues  to  do  ye  same,  tho'  he  well  knows 
H.M.  has  made  a  purchase  of  the  soil ;  which  may  be  some 
thousand  pounds  damage  to  the  Crown  etc.  Continues  :  This 
Mr.  Lovick,  Edward  Moseley,  Christopher  Gale  and  William 
Little  were  lately  appointed  at  the  expence  of  the  Proprietors 
to  run  the  line  between  this  Governmt.  and  Virginia  etc.,  and 
for  such  service  they  have  been  carving  out  their  own  satis- 
faction in  lands,  and  at  the  same  time  are  making  application 
to  H.M.  to  be  allow'd  in  cash  for  the  same  service  etc.  Printed, 
N.C.,  Col.  Rec.  Ill,  7.  Signed,  E.  Porter.  Endorsed,  R.  10th. 
li  pp.  [C.O.  5,  306.  No.  12 :  and  5,  1267.  ff.  106-107i;.] 

574.  Council  of  Trade  and  Plantations  to  the  King.      In 
obedience  to  order  of  6th  Nov.  annex  draught  of  a  Seal  for 
Nova  Scotia,  "  wherein  we  have  had  particular  regards  to  the 
products  and  fishery  of  the  Province,  both  in  the  device  and 
motto.     On  the  reverse  of  this  Seal,  we  would  humbly  propose 
your  Majesty's  arms,  garter,  supporters  and  motto  wth.  this 
inscription  round  the  circumference,  Geo.  2.  Dei  gratia  "  etc. 
[C.O.  218,  2.     p.  123.] 

575.  Post   Masters    General   to    Mr.    Popple.     Our   officer 
to  whose  charge  the  letters  for  the  Commissioners  for  Trade  are 
committed,  informs  us  that  there  is  £39  13s.  lid.  owing  him  for 
postage  etc.,  and  that  notwithstanding  he  hath  often  spoken  to 
you  about  it,  he  hath  not  yet  got  any  money.     The  man  is  not  in 
a  condition  to  disburse  such  a  sum  himself,  and  tis  by  no  means 
for  H.M.  service  with  regard  to  the  good  government  of  this 
office,  to  suffer  those  under  officers  to  run  in  debt.     Wherefore 
we  desire  you  to  represent    this    matter    to    the  Commissrs. 
that  they  would  take  some  care  the  mony  already  due  may  be 
paid,  and  for  the  future  put  it  into  such  a  method  as  there  may 
be  no  occation  for  such  long  accounts.     Signed,  Ed.  Carteret, 
E.  Harrison.     Endorsed,  Reed.  5th,  Read  6th  Feb.,  172|.     1  p. 
[C.O.  388,  79.     No.  39.] 

576.  Duke  of  Newcastle  to  the  Council  of  Trade  and  Plan- 
tations.    Having    lately    received    several    letters    from    Mr. 
Burnet  Governor  of  New  England,  together  with  the  copies  of 
others  to  your  Ldps.,  relating  to  the  irregular  and  undutifull 
behaviour  of  the  Assembly  of  that  Province  with  regard  to 
H.M.  Royal  Authority  and  Prerogative,  the  due  consideration 
whereof  being  of  great  importance  to  H.M.   service  in  that 


310 


COLONIAL   PAPERS. 


1729. 


Province  ;  H.M.  has  commanded  me  to  signify  His  pleasure 
to  your  Ldps.  that  you  should  forthwith  consider  the  same, 
and  report  your  opinion,  what  may  be  the  most  proper  expedient 
for  supporting  H.M.  authority  in  that  Province,  and  bringing 
the  people  to  a  due  sense  of  their  obedience.  As  I  am  informed ' 
there  are  ships  going  thither  in  about  a  fortnight,  I  am  to  desire 
you  will  please  to  let  me  have  your  report  within  that  time, 
that  H.M.  commands  may  be  signified  upon  it  by  that  oppor- 
tunity. Signed,  Holies  Newcastle.  Endorsed,  Reed.  29th, 
Read  31st  Jan.  172g.  I$pp.  [C.O.  5,  870.  ff.  152, 152i?.,  1530.] 


Jan.  30. 

St. 


577.  Governor  Lord  Londonderry  to  the  Duke  of  Newcastle. 
I  am  this  minute  going  up  to  Antigua  to  examine  into  the 
i  op  ers.  cjrcumstances  of  an  horrid  conspiracy  that  some  few  days  ago 
was  discovered  there.  The  negroes,  it  seems,  were  at  a  certain 
signal  to  rise,  and  cut  of  every  white  inhabitant  of  that  island. 
This  matter  is  now  under  examination  before  the  Lieut. 
Governour,  and  Council,  and  proper  measures  have  been  taken 
to  prevent  the  execution  of  so  abominable  a  design.  I  am  sorry 
I  cannot  now  be  more  particular  etc.,  but  by  the  first  ship  that 
sails  I  shall  give  your  Grace  a  full  detail  etc.  Signed,  London- 
derry. Endorsed,  Rd.  March  29th,  1729.  Holograph.  2  pp. 
[C.O.  152,  43.  ff.  37,  37v.,  38v.  (without  date  or  place) ;  and 
(duplicate,  dated)  35.] 

Jan.  30.          578.     Same    to    the    Council    of    Trade    and     Plantations. 
St.          Duplicate    of   preceding.       Signed,    Londonderry.      Endorsed, 
Christophers.  Recd.  29th  March,  Read  9th  April,  1729.     Holograph.     If  pp. 
[C.O.  152,  17.     ff.  47,  470.,  48u.] 

Jan.  30.          579.     Mr.    Popple    to    Mr.    Oxenford,    Assistant    Inspector 

Whitehall.     General.     Requests  by  next  Tuesday  an  account  of  the  pitch, 

tar,  rozin  and  turpentine  imported  from  the  Plantations  for 

six  years  past,  distinguishing  the  species  and  quantity  in  each 

year.     [C.O.  324,  11.     p.  143.] 


Feb.  1. 

Council 


580.  Order  of  Committee  of  Privy  Council.  A  copy  of 
the  charges  against  Mr.  Middleton  (v.  13th  Nov.,  1728) 
are  to  be  transmitted  to  him  for  his  answer  in  writing  to  this 
Committee.  Signed,  Temple  Stanyan.  Endorsed,  Reed.  7th, 
Read  21st  March,  172 1.  1  p.  [C.O.  5,  360.  ff.  90,  91w.] 

Feb.  1.  581.  Order  of  King  in  Council.  Approving  report  of 
St.  James's.  Committee  upon  Col.  Spotswood's  petition,  and  ordering  that 
no  advantage  be  taken  of  the  invalidity  of  the  petitioner's 
grants,  and  that  for  the  better  confirmation  of  such  of  them 
as  are  defective,  the  Governor  do  pass  new  and  authentic 
patents  to  him  or  his  assigns,  and  that  the  remission  of  quit 
rents  granted  to  the  two  new  counties  in  1723,  for  seven  years 


AMERICA   AND   WEST   INDIES.  311 

1729. 

be  understood  to  extend  to  petitioner's  two  tracts  of  land 
which  were  last  taken  up  in  the  county  of  Spotsilvania  con- 
taining 59,786  acres.  But  in  regard  the  petitioner  did  offer 
to  be  bound  to  pay  the  usual  consideration  which  is  required 
in  Virginia,  upon  taking  up  lands,  H.M.  doth  further  order, 
that  upon  the  passing  the  said  patents  to  petitioner  or  his  assigns 
he  or  they  shall  produce  or  pay  the  accustomed  rights  which 
remain  due  for  the  same.  Signed  and  endorsed  as  preceding. 
6pp.  [C.O.  5,  1321.  ff.  100-102i;.,  103U.] 

Feb.  1.          582.     Order  of  Committee  of  Council.     Referring  following 
Whitehall,     to  the  Council  of  Trade    and    Plantations    for  their  opinion 

thereupon.     Signed,  Temple  Stanyan.     Endorsed,  Reed.  Read 

4th  Feb.,  172£.     1  p.     Enclosed, 

582.  i.  Address  of  the  House  of  Representatives  of  the 
Massachusetts  Bay  to  the  King.  Nov.  22,  1728. 
We  your  Majesty's  loyal  and  dutifull  subjects,  the 
Representatives  of  yor.  Province  of  the  Massa- 
chusetts Bay  in  the  General  Court  assembled  humbly 
beg  leave  to  approach  yor.  Royall  Presence  and 
offer  the  reasons  and  grounds  of  our  proceedings  and 
conclusions  concerning  a  fixed  sallary  on  the  Governor 
of  this  Province,  which  is  directed  to,  by  your  Majesty's 
twenty  third  Instruction  to  your  present  Governor 
here.  Nothing  lesss  than  the  prosperity  or  welfare 
of  this  yor.  most  dutifull  Province  could  have  pre- 
*  vailed  with  us  to  have  done  anything  disagreable 
to  Yor.  Majesty's  Instruction ;  This  Province  is 
under  that  natural  disadvantage,  by  reason  of  its 
distant  situation,  that  it  cannot  be  under  yor.  Majesty's 
imediate  inspection  and  care,  as  Great  Britain  our 
happy  Mother  is  ;  it  is  and  has  been  very  well  known, 
in  this  as  well  as  other  nations  and  ages,  that  Governors 
at  a  great  distance  from  the  Prince  or  Seat  of  Govern- 
ment have  great  opportunities  and  sometimes  too 
prevailing  inclinations,  to  oppress  the  people.  And 
it  is  almost  impossible  for  the  Prince,  who  is  the  most 
carefull  Father  of  his  subjects,  to  have  such  matters 
set  in  a  true  light.  We  humbly  crave  leave  therefore 
to  suggest  that  it  is  very  much  for  yor.  Majesty's 
interest  and  very  necessary  to  the  tranquility  and 
flourishing  of  this  your  Province,  that  the  Governor 
should  be  induced  by  his  own  interest,  as  well  as  duty 
to  yor.  Majesty,  to  consult  the  interest  and  welfare 
of  the  people,  but  should  we  fix  a  sallary,  the  Gover- 
nor's particular  interest  would  be  very  little  affected 
(while  thus  settled)  by  serving  or  disserving  the  peoples 
interest,  and  we  should  do  more  than  has  ever  been 
done  by  the  wisdom  of  Great  Britain,  notwithstanding 


312  COLONIAL   PAPERS. 

1729. 


the  Nation,  and  your  subjects  in  the  most  distant 
parts  of  yor.  Dominions,  have  so  intire  a  confidence 
in  your  Majesty  and  yor.  interest  and  glory,  and  that 
of  your  Royal  Posterity,  are  inseparable  from  the 
prosperity  and  welfare  of  your  people,  for  we  are  all 
yor.  inheritance ;  Yet  the  Civil  List  is  settled  for 
yor.  Majesty's  life  only,  whereas  neither  the  happiness 
nor  adversity  of  this  Province,  affect  a  Governor's 
interest,  when  he  has  once  left  us,  and  the  raising 
and  disposing  of  money  from  time  to  time,  of  our  free 
will  and  assent,  for  the  defence  and  support  of  the 
Government  and  protection  and  preservation  of  the 
inhabitants,  is  the  great  priviledge,  which  as  English- 
men by  Magna  Charta  and  by  the  Charter  granted 
by  King  William  and  Queen  Mary  of  glorious  Memory, 
the  General  Assembly,  (as  we  humbly  conceive)  have 
a  right  unto.  For  these  reasons  the  house  of  Repre- 
sentatives were  perswaded  they  could  not  in  duty  to 
your  Majesty,  and  truthfullness  to  the  people  of  this 
Province,  settle  or  fix  a  sallary,  when  yor.  Majty.'s 
Instruction  for  that  end  was  first  laid  before  them, 
and  in  this  conclusion  the  House  had  the  concurrence 
of  yor.  Majesty's  Council  here  ;  and  since  that,  in 
the  course  of  the  Governor's  administration,  we  have 
had  no  encouragemt.  to  do  it  from  any  grounds 
or  reasons  for  such  special  confidence  in  him,  but  the 
treatment  we  have  met  with,  in  the  methods  that 
have  been  used  to  bring  us  into  a  stated  sallary,  hath 
tended  to  confirm  and  abundantly  strengthen  us  in 
our  first  determination  ;  for  instead  of  the  Governor's 
laying  our  conclusion  on  that  affair  before  yor. 
Majesty,  and  waiting  your  direction  to  him,  and 
consulting  in  the  mean  time  the  benefitt  and  welfare 
of  the  people,  we  were  told  by  him  that  we  were  met 
for  that  end,  and  so  should  continue,  till  we  had 
finisht  it ;  and  when  we  were  desirous  to  rise  that 
we  might  consult  our  constituents ;  it  was  denied 
us,  and  we  have  been  compelled,  to  sitt  for  some 
months,  when  the  affairs  of  the  Province  have  not 
required  it,  for  no  other  end  but  to  bring  us  into  the 
settlement  of  a  sallary,  which  we  have  often  declared 
we  could  not  do ;  and  when  this  method  did  not 
prevail,  we  were  removed  from  the  House  and  Records 
belonging  to  the  Generall  Assembly  in  Boston,  to 
Salem,  a  town  about  twenty  miles  from  Boston, 
upon  a  pretence  that  the  people  in  Boston  influenced 
the  representatives  against  settling  a  sallary ;  and 
altho'  since  our  being  at  Salem,  we  have  assured 
him  that  we  acted  freely  therein,  and  that  the  same 


AMERICA  AND  WEST  INDIES.  313 

1729. 

reasons  that  prevailed  with  us  at  Boston,  would  go 
with,  and  influence  us  everywhere,  yet  we  are  still 
kept  sitting  there,  to  the  great  disservice  of  yor. 
Majesty's  interest,  and  grevious  hurt  and  damage 
of  the  Province.  And  all  this  has  been  (as  we  humbly 
conceive)  without  any  provocation  from  the  Assembly 
or  people  here.  Your  Majesty's  Governor  at  his  first 
arrival  was  received  with  the  highest  respect  and 
greatest  expence  by  much  that  ever  was  on  such  an 
occasion,  the  Assembly  took  care  for  his  entertainment 
in  a  very  honourable  manner,  according  to  the  dignity 
of  his  station  at  a  private  gentleman's  house,  till  the 
Province  house  was  prepared  for  him,  and  altho' 
the  Province  is  under  great  difficulties,  by  being  a 
barrier  to  your  Majesty's  other  plantations  against 
the  Indian  savages,  which  in  a  warr  brings  an  excessive 
charge  sometimes  of  about  fifty  thousand  pounds 
p.  anm.,  and  has  left  a  load  of  debt  on  the  Province 
of  about  two  hundred  thousand  pounds,  and  how 
soon  a  warr  may  break  out  again  with  them,  we  cannot 
tell,  and  now  in  peace  with  them,  the  Province  is  at 
the  annual  charge  of  many  thousands  of  pounds  to 
preserve  it ;  yet  soon  after  the  Governor's  arrival 
the  Assembly  granted  seventeen  hundred  pounds 
to  him  ;  fourteen  hundred  pounds  to  enable  him  to 
manage  the  publick  affairs,  and  three  hundred  pounds 
to  defray  the  charges  of  transporting  his  goods  and 
servants  here,  and  informed  him  that  at  the  usual 
times,  this  and  succeeding  Assemblies  would  un- 
doubtedly afford  a  support  suitable  to  the  dignity 
of  his  person  and  station  ;  and  since  that,  upon  the 
first  opportunitys  in  the  usual  time  of  the  year  for 
the  second  grant,  as  soon  as  the  fall  of  the  year  was 
arrived,  notwithstanding  they  had  been  kept  sitting 
all  the  while,  to  the  great  damage  of  the  Province, 
they  granted  sixteen  hundred  pounds  more,  and  since 
those  grants  were  passed,  we  have  once  and  again 
earnestly  desired  him  to  take  both  the  one  and  the 
other ;  these  sums  are  far  beyond  what  has  ever 
been  granted  to  any  Governor  heretofore,  and  we 
doubt  not  but  succeeding  Assemblies,  according  to 
the  ability  of  the  Province,  will  come  into  as  ample 
and  honourable  support  from  time  to  time,  and  should 
they  not,  we  acknowledge  your  Majesty  will  have  just 
reason  to  shew  yor.  displeasure  with  them ;  but 
while  we  continue  to  grant  a  support  so  honourable, 
(as  we  humbly  conceive)  we  have  since  the  present 
Governor's  arrival,  beyond  other  Plantations,  con- 
sidering the  charge  we  are  otherwise  exposed  to,  and 


814 


COLONIAL   PAPERS. 


1729. 


Feb.  3. 

Custom 
House. 


load  of  debt  lying  upon  us  ;  we  hope  we  shall  always 
enjoy  your  Majesty's  Royal  Grace  and  Favour  which 
this  universally  loyall  people,  above  all  things  desire  ; 
that  the  Crown  may  long  flourish  on  your  Royal  Head, 
and  continue  so  in  your  most  illustrious  family  to 
the  latest  posterity  is  the  sincere  and  hearty  prayer 
of  etc.  Signed  by  the  Order  of  the  House  of 
Representatives,  William  Dudley,  Speaker.  Copy. 
6  pp.  [C.O.  5,  870.  ff.  154,  155-157u.,  159u.] 

583.     Account  of  pitch,  tar,  rozen  and  turpentine  imported 
from  the  Plantations  1721-7. 


Pitch  &  tar 
lasts  barrels 


1722     4197       7 

1723     5421        9 

1724     6772       4 

1725     6752       8         302 

1726     5556       5         212 

1727     2858       5          123 

Signed,  John  Oxenford,  Asst.  Insp.  Gen.  Endorsed, 
(from  Mr.  Oxenford)  4th  Jan.,  Read  6th  Feb.,  172 jj. 
323,  8.  No.  106.] 


Rozen 
cwt.  qr.  Ib. 
56     2     22 
53  - 
56     1 
2 
3 
1 


Turpentine 


17 
17 
25 
10 
25 


cwt. 

8,546 
15,599 
23,676 
30,084 
18,314 
27,324 


qr. 
1 
1 
2 
2 
1 


Ib. 

7 

12 
13 
21 
18 

5 
Reed. 

[C.O. 


Feb.  4.          584.     Lord  Townsend  to  Governor  Hunter.     Recommends 
Whitehall,     to  his  favour  and  protection  M.  de  Chanflour  who  is  already 

known  in  Jamaica,  and  has  been  recommended  to  him  by  the 

Comte   de   Broglie,    French  Ambassador.     Signed,   Townsend. 

French.     Ij  pp.     [C.O.  137,  53.    ff.  Ill,  lilt;.,  and  (duplicate] 

113,  113*;.] 

[Feb.  4.]  585.  Comte  de  Broglie  to  Lord  Townshend.  Recom- 
mending M.  de  Chanflour  as  above.  French.  \  p.  [C.O. 
137,  53.  /.  115.] 

Feb.  4.  586.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Report  on  Act  of  Jamaica,  1728,  for  raising  a  tax  on  the  poll 
and  on  trade  etc.  Though  Governor  Hunter  may  be  thought 
guilty  of  a  breach  of  his  31st  Instruction  in  accepting  this 
present  from  the  Assembly,  yet  in  the  light  of  his  32nd  In- 
struction it  may  be  proper  to  be  confirmed  etc.  Signed,  Fran. 
Fane.  Endorsed,  Reed.  4th,  Read  20th  Feb.  172|.  If  pp. 
[C.O.  137,  17.  ff.  129,  129u.,  130i\] 

Feb.  5.  587.  Richard  Fitzwilliam,  Surveyor  General  of  H.M. 
Customs  in  the  Southern  district  of  America,  to  the  Council  of 
Trade  and  Plantations.  Prays  to  be  restored  to  the  Councils 
of  Virginia,  Jamaica  and  S.  Carolina,  from  which  he  was  omitted 


AMERICA   AND  WEST  INDIES. 


315 


1729. 


Feb.  6. 

Whitehall. 


Feb.  6. 

Clarges 
Street. 


Feb.  10. 

Whitehall. 


Feb.  10. 

Jamaica. 


by  an  oversight  when  they  were  reconstituted  after  the  demise 
of  his  late  Majesty,  etc.  Endorsed,  Reed.  5th,  Read  6th  Feb., 
172§.  l^pp.  [C.O.5,  1321.  ff.  94,  94u.,  95i>.] 

588.  Mr.  Popple  to  Mr.  Oxenford.     Requests  accounts  of 
species  and  quantities  of  naval  stores   imported  from  all  parts 
etc.     Christmas  1722-1727.     [C.O.  324,  11.     pp.  143,  144.] 

589.  Mr,.  Dunbar  to  Mr.  Delafaye.     Being  about  to  imbark 
to  spend  the  summer  in  the    woods  of  Nova  Scotia,  requests 
him  to  represent  to  the  Duke  of  Newcastle  that  he  may  have  an 
order  for  a  guard  of  40  soldiers  from  the  garrison  of  Annapolis 
Royal  to  protect  him  and  his  deputies  from  the  Indians    etc. 
Continues  : — There  is  a  large  settlement  of  French  from  Nova 
Scotia  at  the  bottom  of  the  Bay  of  Fundy,  who  remain'd  there 
upon  the  Queen's  peace  as  subjects  of  England  and  upon  con- 
dition that  they  should  take  the  oath  of  allegiance  which  they 
never  have  done,  and  they  yet  look  upon  themselves  as  French 
and  under  ye  Government  of  Cannada,  and  will  obstruct  the 
surveys  and  settlements  in  those  parts.     Proposes  that  a  letter 
be  obtained  from  the  French  Court  to  let  them  know  that  they 
will  receive  no  protection  from  them  etc.    Continues  :  My  letters 
from  New  England  tell  me  that  there  are  six  hundred  familyes 
there,  mostly  from  Ireland,  who  resolve  to  settle  in  the  new 
country  adjoyning  to  it,   which  I   believe  is  scarce  reckon'd 
part  of  Nova  Scotia,   and  that  very  many  more  Protestant 
familyes  from  Ireland  were  expected  there  this  ensuing  season  ; 
I  have  seen  in  our  newspapers  a  memorial  to  the  Lords  Justices 
setting  forth  the  great  inconveniencies  of  those  people  leaving 
that  Kingdom,  to  prevent  wch.  I  humbly  presume  that  if  H.M. 
would  declare  in  ye   Gazette  that  all  His  Governors  abroad 
should  be  strictly  forbid  to  grant  any  lands  to  any  of  His  Pro- 
testant   subjects    who    should    transport    themselves    without 
lycence,  an  entire  stop  would   thereby  be  put  to  that  humour 
in  Ireland  etc.      Petitions  for  a  few  arms  and  ammunition  to  be 
given  to  a  select  number  of  the  new  adventurers  already  there, 
to  form  them  into  a  militia  to  defend  themselves,  and  offers 
to  be  responsible  for  such  arms  etc.      Signed,  David  Dunbar. 
3  pp.     [C.O.  5,  898.     No.  55.] 

590.  Duke  of  Newcastle  to  Governor  Hunter.     The  place 
of  Secretary  of  Jamaica  being  fallen  to  Mr.  Balaguier,  by  virtue 
of  a  reversionary  grant,  upon  the  death  of  Mr.  Congreve,  recom- 
mends him  to  his  particular  favour  and  protection  etc.      Signed, 
Holies  Newcastle.     Copy,     f  p.     [C.O.  137,  53.    /.  116.] 

591 .  Governor  Hunter  to  Mr.  Popple.     Acknowledges  letter 
of  20th  Nov.  etc.      Will  observe  what  he  writes  as  to  recommending 
Councillors.     Continues :      We    expect    the    arrival   of  Collo. 


31C  COLONIAL   PAPERS. 

1729. 

Lilly  every  day.  The  Assembly  have  already  allowed  him 
as  an  addition  to  his  salary  five  shillings  pr.  diem,  and  I  shall 
do  him  what  further  service  is  in  my  power.  Our  Assembly  is 
now  sitting  and  they  have  passed  several  of  the  most  material 
bills,  such  as  the  additional  duty  and  deficiency  laws  and  one 
for  the  further  encourageing  the  settlement  of  Port  Antonio 
and  are  now  preparing  one  for  the  further  strengthening  of  the 
Island  against  any  attempts  that  shall  be  made  by  a  foreign 
enemy.  This  is  in  consequence  of  what  I  recommended  to 
them  in  obedience  to  H.M.  commands  etc.  (v.  Sept.  15,  1728.) 
Upon  reciept  of  those  orders  I  immediately  review'd  the  several 
regiments  of  Militia  in  the  adjacent  parts  and  gave  directions 
for  the  repairing  such  of  the  fortifycations  as  were  thought  of 
most  importance  and  necessary,  for  which  service  the  Assembly 
have  appropriated  out  of  the  additional  duty  bill  £2000  and  am 
in  hopes  they  will  finish  the  rest  of  the  business  I  recommended 
to  them  with  that  harmony  and  dispatch  they  have  promised 
by  their  Address.  I  am  informed  that  some  of  H.M.  ships  are 
to  sail  about  a  month  hence.  By  them  I  shall  transmit  to  their 
Lordships  such  Acts  as  I  have  assented  to  and  other  publick 
papers.  P.S. — Feb.  15.  Since  what  is  above  written,  the 
Assembly  have  passed  several  bills  and  gone  through  the  most 
necessary  business  for  the  country's  service,  and  I  hope  to  H.M. 
satisfaction.  So  soon  as  the  Acts  passed  and  the  Minutes  of 
the  Council  and  Assembly  can  be  got  transcribed  I  shall  take 
particular  care  to  have  them  transmitted  to  their  Lordships, 
and  have  at  the  Assembly's  desire  prorogued  them  to  the  25th 
day  of  March  next.  Signed,  Ro.  Hunter.  Endorsed,  Reed.  3rd, 
Read  21st  May,  1729.  3  pp.  [C.O.  137,  18.  ff.  9-10u.] 

Feb.  11.         592.     Council  of  Trade  and  Plantations  to  Governor  Burnet. 

Whitehall.  \ye  should  sooner  have  acknowledged  the  receipt  of  your  letters 
of  30th  Sept.,  26th  Oct.  and  27th  Nov.  last,  with  respect  to  the 
disputes  between  you  and  the  Assembly  of  the  Massachusets 
Bay,  in  relation  to  the  settlement  of  your  salary,  and  to  their 
being  adjourn'd  to  Salem  ;  but  that  we  waited  to  see  whether 
any  person  would  appear  in  behalf  of  the  Assembly  ;  and  as 
the  Assembly  have  lately  transmitted  an  Address  to  H.M. 
relating  to  these  matters,  which  has  been  referr'd  to  our  con- 
sideration, whereupon  they  have  desir'd  to  be  heard  by  their 
Council,  your  Agent  will  be  allow'd  the  same  liberty,  in  your 
behalf ;  and  so  soon  as  we  shall  have  heard  what  can  be 
offer'd  on  both  sides,  concerning  the  points  in  dispute,  we  shall 
,  report  our  opinion  thereupon  at  large  to  H.M.  In  the  mean- 
time, we  very  much  approve  of  your  prudence,  and  integrity 
in  declining  to  accept  of  money  from  the  Assembly  upon  any 
terms  different  from  those  enjoyn'd  you  by  yor.  Instructions  ; 
So  we  bid  you  heartily  farewell,  and  are,  Your  very  loving  friends 
and  humble  servts.  etc.  [C.O.  5,  916.  ff.  181,  182.] 


AMERICA   AND   WEST   INDIES.  317 


1729. 

[Feb.  11.]  593.  Petition  of  Merchants  trading  to  Virginia  to  the  Council 
of  Trade  and  Plantations.  Pray  for  repeal  of  Act  of  Virginia, 
1705,  declaring  how  long  judgments,  bonds  etc.  shall  be  in  force 
etc.,  and  ascertaining  the  damage  upon  protested  bills  of  exchange 
etc.  It  is  a  law  very  detrimental  to  trade,  as  it  limits  actions 
on  judgments,  bonds  and  merchants'  accounts,  without  any 
saving,  "  and  is  unjust  in  other  respects  etc.  The  act  which 
stands  next  to  it  in  the  book  printed  by  your  Lordships' 
direction,  answers  all  the  just  purposes  of  limitation."  Signed, 
Micajah  Perry,  and  8  others.  Endorsed,  Reed.,  Read  llth 
Feb.,  172$.  1  p.  [C.O.  5,  1321.  ff.  96,  97t>.] 

Feb.  12.         594.     Council  of  Trade  and  Plantations  to  the  King.     Mr. 

\\inti-iKiii.  Fitzwilliam,  Surveyor  General  of  the  Customs  in  the  South 
part  of  America,  having  been  appointed  by  his  late  Majesty, 
your  royal  Father,  a  member  of  the  Councils  of  Virginia,  South 
Carolina  and  Jamaica  ;  but  his  warrant  for  this  purpose  not 
having  been  renew'd  since  your  Majesty's  happy  accession  to 
the  Crown,  the  Governors  of  those  places  have  not  thought 
themselves  impower'd  to  admit  him  to  a  seat  in  the  Councils 
there  ;  and  therefore  we  take  leave  humbly  to  propose  to  your 
Majesty,  that  his  warrant  be  forthwith  renew'd,  it  being  for 
your  Majesty's  service,  that  the  Surveyor  of  your  Customs 
should  be  a  member  of  every  Council  in  those  Governments 
within  his  district.  [C.O.  324,  11.  pp.  144,  145  ;  and  5,  1366. 
pp.  12,  13.] 

Feb.  12.  595.  Mayor  and  Merchants  of  Poole  trading  to  Newfound- 
Pooie.  land.  Reply  to  13th  Nov.  :  Our  Masters  coming  home  so  very 
late  from  Newfoundland,  we  could  not  well  answer  before  etc. 
Contrary  to  the  Act  of  Wm.  Ill  for  the  encouragement  of  the 
trade  to  Newfoundland  etc.,  many  ships  from  New  England, 
Ireland,  Guernsey  and  Jerzy  (who  have  a  great  advantage  of 
the  merchants  here,  by  the  cheapness  of  their  provision  and 
men,  and  also  the  craft,  tackle  and  merchandize  they  carry) 
fish  in  the  said  land  and  take  up  stages  and  fishing  rooms  etc. 
Such  ships  as  come  from  New  England  decoy  and  yearly  carry 
into  New  England  great  numbers  of  sailors  and  fishermen 
employed  there,  to  the  prejudice  of  the  merchants  of  England, 
who  are  obliged  for  want  of  such  men  to  give  extraordinary 
wages  to  such  servants  as  they  there  employ.  By  the  said 
Act  all  oil  taken  and  made  by  any  ship  trading  from  England 
is  to  be  deemed  free,  notwithstanding  if  the  owner  of  several 
ships  send  any  of  his  ships  abroad  to  market  wth.  their  fish, 
vizt.  to  Spain  etc.,  and  the  oil  taken  and  made  by  such  ships 
home  to  England  in  any  other  of  their  vessels,  such  oil  is  by 
the  officers  here  obliged  to  pay  the  duty,  this  year  tho'  never 
known  before  etc.  Signed,  Jno.  Strong,  Mayor  and  17  others. 
Endorsed,  Reed.  14th  Feb.,  Read  20th  May,  1729.  Addressed. 
Postmark.  2  pp.  [C.O.  194,  8.  ff.  206-207i;.] 


318 


COLONIAL   PAPERS. 


1729. 
Feb.  13. 

Jamaica. 


Feb.  13. 

Whitehall. 


596.  Mr.  Donovan  to  the  Duke  of  Newcastle.  Refers  to 
his  dispute  with  the  Assembly  as  contractor  for  supplying  rum 
to  the  Naval  Squadron  etc.  Signed,  Tim  Donovan.  Endorsed, 
Rd.  May  3.  2  pp.  Enclosed, 

596.  i.  Letter  from  Mr.  Donovan  to  the  Assembly  of  Jamaica 

Feb.    5,    1729.     Signed,   T.   Donovan.     Copy.     2  pp. 
[C.O.  137,  53.     ff.  118,  U8v.,  U9v.,  120,  120i;.] 

597.  Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion 
in  point  of  law,  2  Acts  of  Nevis,  1728  (i)  for  raising  a  poll  tax 
on  negroes  etc.,  and  (ii)  for  providing  a  house  and  settling  £500 
pr.  ann.  on  H.E.,  and  laying  a  tax  upon  all  sugar  and  molosses 
shipped  from  Nevis  etc.,  and  3  Acts  of  St.  Kitts,  1728,  (i)  for  laying 
of  certain  duties  upon  sugars,  molosses  and  other  goods  the  growth 
and  manufacture  of  the  island  to  be  exported ;     (ii)  for  settling 
£2000  pr.  ann.  current  money  upon  H.E.  during  the  term  therein 
mentioned  etc.,  and  (iii)/or  supplying  a  defect  in  the  Act  for  laying 
duty  upon  exports  etc.  (supra}.     [C.O.  153,  14.     pp.  407-409.] 


Feb.  13. 

Whitehall. 


Feb.  14. 

Whitehall. 


Feb.  14. 

Whitehall. 


Feb.  15. 

Jamaica. 


598.  Duke  of  Newcastle  to  the  Council  of  Trade  and 
Plantations.  Encloses  following ;  with  copy  of  Governor 
Worsley's  answer  to  a  similar  petition  last  year,  for  their  report 
upon  the  whole.  Signed,  Holies  Newcastle.  Endorsed,  Reed. 
13th,  Read  25th  Feb.,  172|.  1  p.  Enclosed, 

598.  i.  Petition  of  the  General  Assembly  of  Barbados  to  the 
King.  Complaints  against  Governor  Worsley.  Dupli- 
cate of  July  25,  1728.  q.v.  Endorsed,  Reed.  13th 
Feb.,  172£.  6£  pp. 

598.  ii.  Copy  of  Governor  Worsley's  letter  to  D.  of  N.     13th 

Sept.,   1728.     Endorsed  as  preceding.     21f  pp.     [C.O. 
28,  20.     ff.  78,  79U.-94W.,  96t\] 

599.  Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion 
in  point  of  law,  a  parcel  of  14  acts  of  the  Massachusets  Bay 
passed  in  1728.     [C.O.  5,  916.     pp.  178-181.] 

600.  Council  of  Trade  and  Plantations  to  the  King.     Submit 
for  confirmation  act  of  Virginia  to  enable  William  and  Thomas 
Farrer  etc.     [C.O.  5,  1366.     pp.  13,  14.] 

601.  Governor  Hunter  to  Mr.   Stanyan.      Repeats  gist  of 
part  of  letter  to  Mr.  Popple,  Feb.  10,  adding  : — All  our  advices 
from  Cuba  say  the  Spaniards  are  very  busy  in  repairing  their 
fortifycations  and  making  other  warlike  preparations.     I  cannot 
learn  that  they  have  any  great  strength  of  ships  of  war  in  these 
parts.     They  have  only  two  one  of  seventy  and  the  other  of 
sixty  guns  on  the  coast  of  Cartagena  and  Portobell,  and  two  at 
La  Vera  Cruz  and  the  Havanna,  one  of  sixty  and  the  other  of 


AMERICA   AND   WEST   INDIES.  319 

1729. 

fifty  guns  and  some  small  craft ;  this  is  the  best  information  I 
can  get  etc.  Signed,  Ro.  Hunter.  Endorsed,  Rd.  May  3rd. 
2  pp.  [C.O.  137,  53.  ff.  122,  I22v.,  123t;.] 

Feb.  15.         602.     Corrected  drafts  of  letter  from  the  Duke  of  Newcastle 
Whitehall,    to  Governor  Hunter,  sent  17th  Feb.    (q.v.).      In  these  drafts  the 
reinforcements  are   mentioned,   vizt.    8   large   men  of  war  and 
2000  land  forces.     9  pp.     [C.O.  137,  47.     Nos.  3-5.] 

Feb.  16.  603.  Thomas  Lowndes  to  Mr.  Popple.  Hearing  that  the 
Lords  Commissioners  for  Trade,  are  teazed  by  Pretenders  to 
merit  in  bringing  about  the  purchase  of  Carolina,  I  transmit 
a  copy  of  the  reasons  which  last  year  I  drew,  and  which  were 
approved  of  by  the  Speaker  of  the  House  of  Commons  and  16 
other  Members,  when  the  demand  was  made  for  the  purchase 
money  in  Parliament.  The  proposal  of  attacking  Fort 
Augustine  and  obstructing  from  Port  Royal  in  South  Carolina 
the  Spanish  navigation  was  first  made  by  me,  to  a  person  of 
great  figure  in  the  administration,  in  May  next  will  be  three 
years  and  was  then  liked.  What  service  I  have  since  done  in 
obviating  any  difficulty  that  might  happen,  and  in  removing 
obstructions  that  arose  whilst  the  bargain  for  Carolina  was 
negociating  a  noble  Lord  of  your  board  etc.  will  I  doubt  not 
readily  vouch  for.  And  I  have  ample  testimony  of  the  pains 
I  have  since  taken  to  keep  matters  between  the  Crown  and  the 
Proprietors  from  being  inflamed.  Col.  Lilly  was  too  candid 
a  gentleman  not  to  own  publickly  the  assistance  I  gave  him  in 
drawing  his  map  of  Carolina  ;  I  having  the  most  authentic 
manuscript  map  of  that  country  and  of  Port  Royal  in  particular. 
For  as  for  poor  Governour  Rogers  his  is  only  an  unnatural  fiction, 
for  there  can  be  no  such  place  as  he  represents  Port  Royal  to 
be  ;  till  the  nature  of  water  is  altered  and  the  globe  new 
moulded.  Encloses  copy  of  letter  from  Govr.  Craven,  a  gentle- 
man of  known  honour  etc.  Continues : — It  is  my  humble 
opinion  that  the  Spaniards  make  their  clamorous  memns. 
about  the  little  Fort  upon  Allatamaha  River  to  conceal  their 
intentions  of  getting  from  us  by  Treaty  the  territory  we  have 
upon  the  Gulf  of  Mexico.  For  the  Bay  of  Apalachia  is  most 
certainly  ours.  And  it  is  highly  probable  there  is  a  good 
harbour,  either  at  the  entrance  of  the  River  de  Guitare,  or  the 
River  Flint.  And  the  country  is  esteemed  very  fertile  and  the 
Indians  that  did  inhabit  it  are  either  chased  away  or  killed. 
Of  what  use  it  may  be  to  the  Spanish  Nation  to  have  such  a 
concession  or  of  what  prejudice  to  us  to  grant  it,  the  Lords 
Commrs.  for  Trade  are  the  best  judges.  P.S. — There  is  I  hear 
a  great  disposition  in  the  richer  Palatins  and  Germans  about 
Leige  to  go  to  South  Carolina.  So  a  good  revenue  may  be  made 
immediately  to  the  King  by  quitt-rents.  Signed,  Tho.  Lowndes. 
Endorsed,  Reed.  16th  Feb.,  Read  16th  July,  1729.  If  pp. 
Enclosed, 


320 


COLONIAL   PAPERS. 


Feb.  17. 

Whitehall. 


1729. 

603.  i.  Governor  Craven  to  Tho.  Lowndes,  May  4,  1726. 
There  is  water  enough  at  Port  Royal  for  any  ships  to 
come  over  the  barr  etc.  It  may  be  very  easily  fortifyed 
at  a  small  expence  to  secure  the  trade  from  any 
damage  from  enemys.  The  timber  near  it  is  as  good  as 
in  any  part  of  the  Continent,  the  land  very  fertile  and 
proper  for  flax,  hemp  or  grain,  and  great  plenty  of 
good  cattle  and  fish  etc.  Signed,  Cha.  Craven. 
Endorsed,  Reed.  16th  Feb.,  172f .  Copy.  1  p. 

603.  ii.  Some   reasons   to   shew  the   absolute   necessity   for 

the  Crown's  buying  the  propriety  of  the  Carolinas  as 
also  the  advantagiousness  of  that  purchase  to  the 
Publick.  v.  covering  letter.  Signed,  Tho.  Lowndes. 
3  pp.  [C.O.  5,  361.  ff.  1,  lv.,  2v.,  3,  4t>.-6u.] 

604.  Duke   of  Newcastle  to   Governor  Hunter.      Sir,   His 
Majesty    etc.,  hath  fresh  intelligence  that  the  Court  of  Spain 
have  a  design,  as  soon  as  the  galleons  are  arrived  at  Cadiz, 
where  they  may  probably  be  by  this  time,  to  make  an  attempt 
upon  Jamaica  with  a  strong  squadron,  on  board  which  are  to 
be  some  land  forces,  and  a  considerable  number  of  Militia  from 
the  island  of  Cuba  ;    that  the  Spanish  men  of  war  in  the  several 
ports  of  Galicia  and  Biscay  were  to  sail  from  thence  to  Cadiz, 
to  joyn  those  now  in  that  port,  which  are  designed    for    that 
expedition,  and  that  it  is  said  the  descent  is  to  be  made  upon 
the  northern  coast  of  Jamaica,  which  they  look  upon  to  be  the 
weakest  part  of  the  island.     Your  Excy.   will  therefore  in  con- 
cert with  Commadore  St.  Lo,  to  whom  I  also,  write  by  the 
King's  order,  take  the  necessary  measures  for  the  defence  of  a 
Colony  of  so  great  importance  to  the  Trade  and  Navigation  of 
H.M.  Dominions.     And  it  is  H.M.  pleasure  that  you  should 
take  great  care  to  give  as  little  alarm  as  possible,  and  particularly 
that  the  Spaniards  may  not  take  a  pretence  from  anything 
you  shall  do,  to  detain  the  ships  of  the  South  Sea  Company,  or 
seize  any  of  the  effects  of  H.M.  subjects  in  the  West  Indies.     As 
the  force  your  Excy.  has,  may  not,  in  H.M.'s  opinion  be  suffi- 
cient for  yor.  defence,  the  King  is  considering  what  further 
reinforcement  it  may  be  proper  to  send  you,  but  of  this  you 
will  take  no  notice  to  anybody  but  Commadore  St.  Lo  (v.  Feb. 
15).     The  King  has  that  confidence  in  yor.  Excy's  skill  and 
abilities,  as  well  as  in  your  zeal  for  his  service,  that  H.M.  is 
persuaded  you  will  omit  nothing  that  you  shall  judge  to  be 
necessary  for  the  security  of  the  Island  under  your  Government. 
Signed,   Holies   Newcastle.     2 &  pp.     [C.   O.    137,    47.     No.  2  ; 
and  137,  53.     ff.  124,  124u.] 

Feb   17 

Jamaica  *"        605.     Governor  Hunter  to  the  Duke  of  Newcastle.    I  wrote 

to  Mr.  Stanyan  two  days  ago  etc.      This  morning  I  recieved 
advice  that  two  ships  of  forty  guns  were  arrived  at  the  Havanna 


AMERICA   AND   WEST   INDIES.  321 

1729. 

from  Old  Spain  loaded  with  iron  work  and  other  utensils  for 
the  building  ships,  which  they  are  doing  at  the  Havanna  and 
Campechea,  and  that  they  talk  much  of  warr  in  those  parts  ; 
The  Spaniards  are  building  a  strong  fort  of  forty  guns  at  the 
river  Chragra  fourteen  leagues  to  the  leeward  of  Portobell 
and  are  repairing  their  fortifycations  on  that  coast.  Old  Admiral 
Conejo  on  board  the  Catalan  of  sixty  guns  and  another  ship  of 
that  bigness  were  upon  the  coast  of  Portobell  and  had  taken  a 
Dutch  ship  and  an  English  vessel  as  prize  etc.  Signed,  Ro. 
Hunter.  Endorsed,  Rd.  May  3.  1  p.  [C.O.  137,  53.  ff.  126, 
12Tt>.] 

Feb.  18.  606.  Mr.  Popple  to  Mr.  Fane.  Encloses,  for  his  opinion  in 
point  of  law  on  Friday  morning  next,  two  acts  of  Virginia 
passed  1705,  (i)  declaring  how  long  judgments,  bonds  etc., 
shall  be  in  force  ;  and  (ii)  for  limitation  of  actions,  etc.  "  which 
are  in  the  printed  volume  of  Virginia  laws."  [C.O.  5,  1366. 
pp.  14,  15.] 

[Feb.  20.]  607.  Thomas  Truman  to  the  Council  of  Trade  and  Plan- 
tations. Petitioner  having  received  a  memorial  of  loss  and 
damage  (£734  11s.  sterl.)  sustained  by  Alexandra  Woodrop 
of  Philadelphia  by  the  capture  of  the  brigantine  Two  Friends, 
June,  1720,  by  a  Spanish  privateer,  in  her  voyage  from  St. 
Christopher  to  Philadelphia,  prays  the  Board  to  lay  the  case 
before  H.M.,  in  order  to  obtain  satisfaction  from  the  King  of 
Spain  etc.  Endorsed,  Reed.,  Read  20th  Feb.,  172|.  1  p. 
Enclosed, 

607.  i.  Invoice  of  above  goods  etc.     1  p. 

607.  ii.  Deposition  of  Alexandra  Woodrop,  late  of  St. 
Christophers  but  now  of  Philadelphia,  relating  to 
above  etc.  1  p.  [C.O.  388,  28.  t.  62.] 

Feb.  25.  608.  Council  of  Trade  and  Plantations  to  the  Lords  Com- 
Whitehaii.  missioners  of  the  Treasury.  Enclose  letter  shewing  that  there 
is  due  to  the  Postman  for  letters  deliver'd  to  this  office  from 
Christmas  1726  to  10th  June  1727  £39  135.  lid.  We  have 
likewise  been  apply'd  to  by  the  widow  of  Samuel  Clarke,  late 
our  Doorkeeper,  who  us'd  to  disburse  the  money  for  our  inci- 
dental services  (and  who  has  left  his  wife  and  several  children 
unprovided  for)  for  the  payment  of  the  annex'd  account  of 
money  laid  out  by  him  etc.  amounting  to  £231  18s.  4|d.  These 
two  cases  being  very  singular  and  deserving  compassion,  we 
cou'd  not  avoid  laying  them  before  your  Lordps.,  having  no 
fund  for  the  payment  of  them,  and  not  thinking  ourselves 
authoriz'd  to  charge  them  even  to  our  future  incidents  without 
your  directions  etc.  Upon  Mr.  Clarke's  decease,  according  to 
your  Lordships'  desire  (15th  July,  1724),  we  have  sank  the 
employment  which  he  possess'd,  and  shall  apply  his  salary  to 

g.p  xxxvj— 21 


322 


COLONIAL   PAPERS. 


1729. 


Feb.  25. 

Whitehall. 


Feb.  28. 


Feb.  28. 

Virginia, 
Wmsburgh. 


Feb.  28. 


March  2. 


March  3. 


the  payment  of  our  Porter,  whereby  the  incidents  of  our  office 
will  for  the  future  be  eas'd  of  that  annual  charge.  [C.O.  389, 
37.  pp.  298,  299.] 

609.  Mr.  Popple  to  Mr.  Attorney  and  Mr.  Solicitor  General. 
Encloses,  for  their  opinion  in  point  of  law  as  soon  as  possibly 
may  be,  Acts  of  Jamaica  passed  in  1728,  (i)  for  granting  a  revenue 
to  H.M.  etc.,  for  the  support  of  the  Government,  and  for  reviving 
and  perpetuating  the  Acts  etc.,  and    (ii)  to  oblige  the  inhabitants 
to  provide  themselves  with  a  sufficient  number  of  white  people. 
Encloses  for  their  better  information,  the  draught  of  a  bill  for 
raising  a  revenue  formerly  prepared  here  to  be  passed  into  a 
law  in  Jamaica,  and  a  copy  of  the  Instruction  given  to  Governor 
Hunter  for  his  direction  in  that  matter.     [C.O.  138,  17.     pp. 
260,  261.] 

610.  Order    of  the   House    of    Commons,    that   the    Com- 
missioners for  Trade  and  Plantations  do  lay  before  this  House, 
the   complaints    of    several    merchants   touching  their    losses 
sustained  in  the  West  Indies,  in  order  to  be  laid  before  the 
Congress  at  Soissons.  Signed,  E.  Stables,  Cl.  Dom.  Com.     En- 
dorsed, Reed.  1st,  Read  4th  March,  17||.     |  p.     [C.O.  388,  28. 
t.  63.] 

611.  Lt.  Gov.  Gooch  to  the  Duke  of  Newcastle.     Supports 
address  against  prohibition  of  stripped  tobacco,     v.  No.  641,  i. 
Signed,  William  Gooch.     Endorsed,  R.  May  19th.     3  large  pp. 
Torn.     [C.O.  5,  1337.    ff.  130-131i;.] 

612.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Has  no  objection  to  2  acts  of  Nevis  and  3  of  St.  Kitts,  1728. 
(v.  No.  598.)     Signed,  Fran.  Fane.     Endorsed,  Reed.  28th  Feb., 
Read  21st  March,  1729.     2  pp.     [C.O.  152,  17.      ff.  3,  8v,  40.] 

613.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Has  no  objection  to  12  Acts  of  New  Jersey  submitted  to  him 
13th  Nov.,   1728.     Signed,  Fran.  Fane.     Endorsed,  Reed.  3rd 
March,  1728,  Read  29th  March,  1729.     If  pp.     [C.O.  5,  972. 
ff.  177,  1770.,  182u.] 

614.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Has  no  objection  to  the  Act  of  Virginia,  1705,  for  limitation  of 
actions  etc.,  but  is  of  opinion  that  the  Act,  1705,   declaring  how 
long  judgments,  bonds  etc.  shall  be  in  force  etc.  is  unnecessary 
and  ought  to  be  repealed,  it  being  in  many  particulars  repugnant 
to  the  Statute  of  21°  Jac.   I,   which  the  other  enforces  and 
pursues  in  every  particular.      Of  the  many  material  differences 
between  the  second  act  and  that  of  James  I  one  is  of  itself 
sufficient  to  cause  its  repeal.     By  the  statute  of  King  James 


AMERICA   AND   WEST   INDIES. 


323 


1729. 

neither  bonds  nor  judgment  are  limited,  in  this  both  are. 
Continues  :  This  is  manifestly  a  very  great  prejudice  to  trade 
by  weakening  the  securities  of  creditors  which  in  all  trading 
countries  ought  as  much  as  possible  to  be  avoided  ;  for  a  good 
security  of  money  has  been  ever  lookt  upon  as  the  life  of  credit, 
etc.  Signed,  Fran.  Fane.  Endorsed,  Reed.  3rd,  Read  21st 
March,  172$.  If  pp.  [C.O.  5,  1321.  ff.  104,  104^.,  W5v.] 

[March  4.]  61 5.  Richard  Partridge,  Agent  for  New  Jersey,  to  the 
Council  of  Trade  and  Plantations.  Requests  report  upon  six 
Acts  of  New  Jersey  passed  1727-1728.  Signed,  Richd.  Part- 
ridge. Endorsed,  Reed.  4th,  Read  13th  March,  172|.  Addressed. 
1 J  pp.  [C.O.  5,  972.  ff.  176,  176w.,  188u.] 


March  4. 

Whitehall. 


March  5. 


March  8. 

London. 


March  8. 

Jamaica. 


61 6.  Council  of  Trade  and  Plantations  to  the  King.     Recom- 
mend  confirmation   of  Act   of  Antigua,    1728,    for   making  a 
settlement  on  H.E.  etc.     [C.O.  153,  14.    pp.  409,  410.] 

617.  Memorandum  of  Order  of  House  of  Commons  that  the 
Council  of  Trade  and  Plantations  lay  before  the  House  their 
reports  to  His  present  or  late  Majesty  touching  the  right  of  the 
subjects  of  Great  Britain  to  cut  logwood  in  the  Bay  of  Cam- 
peachy.     Endorsed,    Reed.,    Read    12th    March,    172|.     1    p. 
[C.O.  388,  28.     t.  65.] 


618.  Petition  of  Tobias  Wall  to  the  Council  of  Trade  and 
Plantations.     The  sloop  of  his    correspondent,  John    Gallway 
of  St.  Christophers,  was  taken  by  a  Spanish  privateer  near  the 
island  of  St.  Cruz  etc.      She  was  then  under  sail,  and  had  not 
been  trading  at  any  place  belonging  to  the  Spaniards,  nor  was 
intended  to  do  soe,  but  nevertheless  was  carried  to  Porto  Rico 
and  there  condemned  etc.      Prays  that  H.M.  may  be  moved  to 
obtain  satisfaction  from  the  Court  of  Spain  etc.      Signed,  T. 
Wall.     Endorsed,  Reed.   10th,  Read  12th  March,  172f.     1  p. 
[C.O.  152,  17.    ff.  1,  2o.] 

619.  Governor  Hunter  to  the  Council  of  Trade  and  Planta- 
tions.    Sends  by  H.M.S.  Larke  Minutes  of  Council,  Journals  of 
Assembly  and  six  Acts  passed  the  last  Sessions   "  under  the  seal 
of  the  Island,  which  at  this  time  could  not  afford  parchment  so 
I  was  constrain 'd  to  make  use  of  Royal  paper."     Continues : — 
The  first  five  of  these  Acts  are  annual  and  such  as  your  Ldsps. 
have  frequently  had  from  hence  and  so  can  require  no  explana- 
tion.    The  last  is  an  eventual  one  in  case  of  warr  and  I  believe 
yr.  Ldsps.  will  think  as  I  do  that  it  is  a  good  and  necessary  one. 
It  is  intitled  an  Act  for  strengthg.  and  secureing  the  Island  agt. 
any  attempts  by  foreign  enemys,  etc.     The  clause  for  armg.  the 
Militia  uniformly  is  obligatory  in  a  definite  time.     I  have  done 
what  lay  in  my  power  to  put  the  Militia  on  a  better  footing, 


324 


COLONIAL   PAPERS. 


1729. 


repaire  and  garnish  the  forts  and  places  of  strength  and  rouse 
the  inhabitants  for  their  own  security  wth.  some  successe  and 
hope  wth.  a  little  time  and  some  patience  I  shall  bring  everything 
to  bear  for  H.M.  service  here  and  security  and  credit  of  this 
his  important  Island.  I  have  mention'd  to  Mr.  Delafay  the 
Agent  the  difficulty's  wch.  grow  upon  me  with  relation  to  a 
Quorum  in  Council.  Two  are  already  in  England,  two  more, 
vizt.  Mr.  Ayscough  and  Mr.  Laws  imediatly  bound  thither  and 
three  more  living  in  the  extreme  parts  of  the  Island  that  I  can 
but  seldom  expect  their  Compa.,  these  are  Swymer,  Stout  and 
Campbell,  that  it  may  fall  out  that  the  publick  businesse  must 
stand  still  or  I  under  a  necessity  of  subjecting  myself  to  censure 
for  acting  without  them,  where  I  am  requir'd  by  my  Instructions 
to  take  their  advice.  I  formerly  recommended  to  yor.  Ldsps. 
three  persons  in  case  of  vacancy's  etc.  I  cannot  as  yet  think 
of  more  who  are  fitt  and  will  accept  of  the  place,  etc.  Signed, 
Ro.  Hunter.  Endorsed,  Reed.  13th,  Read  14th  May,  1729. 
2  pp.  [C.O.  137,  17.  ff.  143,  143i>.,  1440.] 


[March  8]. 


March  8. 

Jamaica. 


March  10. 

N. 
Providence. 


March  10. 

N. 
Providence. 


620. 

No.  6.] 


Extract    from    above    letter.     \   p.     [C.O.    137,    47. 


621 .  Governor  Hunter  to  the  Duke  of  Newcastle.  Encloses 
copy  of  preceding  letter  and  refers  to  his  letter  to  Mr.  Delafaye, 
adding  : — The  Spaniards  on  this  side  continue  to  talk  of  warr 
and  act  as  if  it  were  begun,  they  are  repairing  their  old  forts 
and  raising  newr  ones,  and  continue  their  depredations  etc. 
Signed,  Ro.  Hunter.  Endorsed,  R.  May  10.  1  p.  Enclosed, 

621.  i.  Copy  of  No.  621.     [C.O.  137,  53.    ff.  128,  129u.] 

622.  Governor  Phenney  to  the  Duke  of  Newcastle.  Encloses 
annual  papers.     Hopes  that  the  great  want  of  stores  of  war 
indicated  will  be  soon  supplied.     Signed,  G.  Phenney.    Endorsed, 
Rd.  June,  13.     1  p.     Enclosed, 

622.  i.  Minutes  of  Council  of  the  Bahama  Islands,  9th  Jan., 

1728,— 2nd    Jan.,    1729.     33  pp.     [C.O.   23,    14.    ff. 
74,  75v—  92.] 

623.  Governor  Phenney  to  the  Council  of  Trade  and  Plan- 
tations.    Encloses,   by  way  of  So.   Carolina,   following  public 
papers,  including  account  of  gunner's  stores,  "  by  which  your 
Lordps.  will  perceive  the  great  want  we  are  in  at  this  place, 
which  I  hope  will  be  supplied."     Signed,  G.  Phenney.     Endorsed, 
Reed.  14th  June,  Read  15th  July,  1729.     1  p.     Enclosed, 

623.  i.  Answers  to  Queries  from  the  Board  of  Trade  for  the 
year  1728.  Shows  only  slight  variations  from  return 
of  16th  March,  1728  q.v.  The  Revenue  amounted 
to  367  pieces  of  f .  6  negroes  imported  from  S.  Caro- 
lina. Same  endorsement.  8|  pp. 


AMERICA   AND   WEST   INDIES. 


325 


1729. 


March  13. 

Whitehall. 


March  14. 

London. 


March  14. 

Whitehall. 


March  14. 


623.  ii.  Treasurer's  account  of  public  funds,  Receipts : — 
Balance  brought  forward,  £31  2*.  3d.  Public  duties, 
£65  4*.  Qd.  Reed,  for  the  Church,  £8  35.  Qd.  Total, 
£104  Ws.  3d.  Carried  forward,  £45  55.  Qd.  Signed 
and  sworn  to  by  Pr.  Goudet,  Treas.  N.  Providence,  2nd 
Jan.  172  J.  Endorsed,  Reed.  14th  June,  1729.  1  p. 

623.  iii.  Account  of  Ordnance  stores,  12th  Nov.,  1721 — 1st 
Jan.,  1729.  Signed,  Wm.  Shott,  Gunr.  Endorsed 
as  preceding.  2f  pp. 

623.  iv.  List  of  Baptisms  (3)  ;    marriages  (12) ;  burials    (7), 

in     1728.     Same    endorsement.     1    p.     [C.O.     23,     2. 
ff.  194,  195i;.— 200,  201*;.— 205u.] 

624.  Mr.  Popple   to   Mr.    Fane.     Encloses   for  his   opinion 
in  point  of  law  Act  of  New  Jersey,   1714,  for  confirming  of 
conveyances  of  lands    made  by  wills  and  powers  of  Attorney 
etc.     [C.O.  5,  996.     p.  256.] 

625.  Memorial  of  loss  and  damage  (£556  10s.  New  England 
money)  sustained  by  the  capture  of  the  Princess  Snow  by  the 
Spaniards,  Dec.  1718,  laden  with  fish  from  New   England  for 
Bilboa,  and  shipped  by  Messrs.  Gilbert  and  Cradock  for  account 
of  Messrs.  Raphe  and  Denn  of  London.      Signed,  Raphe  and 
Denn.   Endorsed,  Reed.  14th  March,  172$.     1  p.      [C.O.  388,  28. 
t.  66.] 

626.  Council   of  Trade   and    Plantations   to   the   Duke   of 
Newcastle.     Enclose  copies  of  Mr.  Wall's  petition,  8th  March, 
and  an  account  of  the  loss  sustained  by  Messrs.  Raphe  and 
Denn,  on  board  the  Princess  snow  bound  from  New  England 
to  Bilboa  with  a  cargo  of  fish,  Dec.  1718,  carried  into  Port  St. 
Antonio  etc.     [C.O.  389,  28.     p.  392.] 

627.  Col.    Dunbar    to    Mr.    Popple.     Encloses    following. 
Is  about  to  sail  for  Boston,  and  asks  for  directions  about  the 
masts  seized  and  timber  sent  to  Spain  from  N.E.      Thinks  the 
export  of  large  planks  thither  should  be  prohibited,  which  wd. 
disappoint  the  building  ships  of  war.     Makes  suggestions  for 
amending  the  act,  wh.   is  urgently  needed.     Endorsed,  Reed., 
Read  14th  March,  172$.      Addressed.      If  pp.     Signed,  David 
Dunbar.     Enclosed, 

627.  i.  Thomas  Haley  to  David  Dunbar,  Jan.  23,  1729. 
Boston.  Refers  to  three  former  letters.  Continues : — 
Friday  the  10th  currt.  I  had  a  letter  from  Mr.  Slade 
dated  at  Portsmouth  the  7th  wherein  he  tells  me  that 
on  ye  3rd  he  seized  in  the  outskirts  of  the  township  of 
Exeter  200  fine  masts,  from  24  to  28  inches  in  diameter 
and  of  proper  lengths  for  H.M.  use,  Mr.  Dunbar  got  a 
letter  to  ye  same  purpose,  upon  wch.  he  forthwith 
repaired  to  Piscataqua,  in  order  to  secure  if  possible  ye 
seizure  and  to  proceed  to  Casco  Bay  etc.  I  heartily 


326  COLONIAL   PAPERS. 

1729. 

wish  he  may  be  able  to  secure  the  trees,  for  it  is  a 
common  practice  that  so  soon  as  the  seizure  is  made, 
(for  want  of  proper  persons  to  watch)  the  country  people 
throw  them  all  into  the  rivers,  and  what  becomes  of 
them  nobody  knows  etc.  Mr.  Auchmuty,  the  Advocate 
General,  has  given  his  opinion  to  Mr.  Dunbar  that  he 
should  prosecute  offences  of  the  kind  within  townships, 
at  common  law,  though  he  says  he's  well  assured  you'll 
meet  no  success  here,  yet  by  the  Charter  you  may  appeal 
from  such  judgment  etc.  As  for  trees  cut  down 
without  townships,  he  is  also  well  assured,  we  shall 
meet  with  none,  the  great  part  of  the  country  where 
these  valuable  trees  grows,  being  already  laid  out 
into  townships,  merely  to  evade  the  Act  of  reservation. 
I  send  you  a  duplicate  of  the  memorial  Mr.  Dunbar 
gave  into  H.E.,  who  with  all  ye  candor  imaginable 
express'd  his  readiness  to  issue  a  Proclamation,  and 
his  intentions  (so  soon  as  ye  Council  meets)  to  procure 
such  Acts,  as  will  more  effectually  prevent  ye  daily 
practice  of  destroying  H.M.  woods.  There  are  now 
at  Casco,  one  very  large  and  two  small  ships,  loaden 
with  plank  for  Spain,  but  as  these  planks  were  cut 
before  we  came,  Mr.  Dunbar  does  not  judge  he  has 
a  power  to  seize  them.  Cou'd  the  exportation  of  such 
vast  quantitys  of  timber  by  any  means  be  prevented, 
H.M.  yards  cou'd  never  want  a  supply  of  such  timber 
of  all  sorts,  as  Mr.  Slade  says  he  has  not  seen  anywhere. 
It  is  very  moveing  to  hear  complaints  at  home,  for 
want  of  timber,  when  ye  King's  own  subjects  here  dare 
with  impunity  supply  his  enemies  abroad  etc.  Signed, 
Thos.  Hardy.  Subjoined, 

627.  ii.  Memorial  of  Jeremiah  Dunbar,  Depty.  Surveyor 
of  H.M.  woods,  to  Governor  Burnett.  Requests  H.E., 
in  accordance  with  his  Instructions,  to  issue  a  pro- 
clamation for  the  observance  of  the  Acts  for  the 
reservation  of  mast  trees  etc.,  and  obtain  from  the 
Legislature  the  enacting  of  Acts  proper  for  encouraging 
naval  stores  and  the  prevention  of  abuses  therein, 
especially  obliging  makers  to  put  their  names  and 
places  upon  their  casks  etc.  Signed,  Jer.  Dunbar. 
Copy.  8J  pp. 

627.  iii.  Mr.  Haley  to  David  Dunbar.  Jan.  27,  1729,  Boston. 
Congratulates  him  upon  Jeremiah  Dunbar's  getting  the 
200  trees  seized  by  him  condemned  in  the  Admiralty 
Court  at  Portsmouth  etc.  Fears  that  they  will  have  a 
great  deal  of  trouble  and  expense  in  guarding  them 
from  being  cut  into  logs  etc.  Mr.  Dunbar  has  already 
marked  several  fine  trees,  and  is  determined  to  go 
immediately  to  Casco  Bay  and  in  his  way  to  visit  the 


AMERICA  AND   WEST   INDIES.  327 

1729. 

woods  etc.  Continues : — I  find  him  determined  to 
bring  this  people  to  honesty,  either  by  dint  of  reason, 
or  force  of  law  etc.  Signed,  Thos.  Haley.  Copy.  \\ 
pp.  [C.O.  5,  870.  ff.  186-189i;.,  IQ3v.  ;  and  (dupli- 
cates of  enclosures  only)  5,  898.  Nos.  53,  54.] 

March  17.        628.     Duke    of   Newcastle    to    the    Council    of   Trade    and 
Whitehall.     Plantations.     Encloses    following    for    their    report    thereon. 

Signed,  Holies  Newcastle.     Endorsed,  Reed.,  Read  18th  March, 

172?.     1  p.     Enclosed, 

628.  i.  Memorial  of  David  Dunbar,  Surveyor  General  of  the 
lands  of  Nova  Scotia,  to  the  King.  For  six  years  past 
many  Protestant  familyes  transported  themselves 
from  Ireland  to  your  Majesty's  collonyes  on  the  Con- 
tinent of  America,  particularly  to  New  England,  where 
in  the  Province  of  Maine  lands  were  assigned  to  them 
upon  which  they  made  settlements  and  improvements, 
until  they  were  constraind  by  an  Act  or  order  from 
the  Council  and  Assembly  to  abandon  their  habitations, 
which  have  since  been  destroyed  by  the  Indians ; 
there  are  600  of  those  familyes  desireous  of  settling 
upon  the  East  side  of  the  River  Kennebeck  wch.  is 
the  limits  of  the  Government  of  New  England,  they 
onely  wait  until  lands  are  assigned  to  them,  and  a 
proper  place  fixed  whereon  to  build  a  towne,  which 
would  be  a  more  considerable  building  than  any 
collony  ever  had  abroad  ;  among  those  people  there 
are  artificers  of  all  kinds  and  many  able  men  who  could 
defend  themselves  from  any  insult  from  the  Indians  ; 
many  New  England  people  are  also  desireous  to  remove 
to  the  said  River  of  Kennebeck,  but  neither  they  nor 
the  others  from  Ireland  will  settle  on  Nova  Scotia,  the 
country  about  Kennebeck  haveing  been  formerly 
settled  and  the  lands  cultivated  under  the  Duke  of 
York,  tho'  afterwards  layd  wast  when  taken  by  the 
French  many  of  whom  do  yet  remaine  upon  Nova 
Scotia,  who  by  ye  Treaty  of  Utricht  were  to  deem 
themselves  subjects  to  England  etc.  If  powers  are 
granted  for  assigning  lands  to  those  people,  they  will 
be  contented  to  pay  a  growing  chief,  or  quit  rent, 
which  may  increase  one  penny  sterl.  per  acre  every 
five  or  7  years,  until  it  comes  to  sixpence,  or  as  high 
as  may  be  thought  reasonable  etc.  If  those  people 
are  not  allowed  to  settle  where  they  desire,  which  joyns 
to  New  England,  they  will  remove  elsewhere,  they  are 
now  liveing  upon  the  small  remains  of  what  they 
carried  with  them  from  Ireland  and  many  of  them 
reduced  to  great  hardships  by  being  obliged  to  quitt 
their  settlements  after  haveing  layd  out  their  sub- 


328  COLONIAL   PAPERS. 

1729 


stance  thereon.  It  has  been  proposed  to  me  that  500 
Palatins  familyes,  among  whom  artificers  of  all  kinds, 
would  transport  themselves  to  this  new  settlement 
upon  the  same  termes  and  encouragement  before- 
mention'd  ;  thus  a  strong  Collony  would  be  planted 
without  any  publique  expence,  and  would  consist  of 
people  zealously  affected  to  your  Majesty  and  may 
hereafter  be  of  singular  service  against  any  trouble- 
some neighbours.  As  I  was  prevented  by  long 
indisposition  to  goe  to  America,  I  sent  away  my 
Deputy,  and  am  now  in  a  few  days  to  imbarque,  and 
to  mark  out  and  survey  200,000  acres  to  be  perpetually 
reserved  for  a  nursery  of  timber  for  the  Royal  Navy, 
in  Nova  Scotia.  I  most  humbly  submit,  whether  I 
ought  not  to  have  an  order  for  40  men,  in  one  or  two 
partys  as  I  find  convenient  from  the  garrison  of 
Anapolis,  to  protect  me,  my  Deputy  and  assistants 
from  any  insult  from  the  French  on  Nova  Scotia,  or 
the  Indians  under  their  influence  etc.  1\  pp.  [C.O. 
217,  5.  ff.  97,  98-99, 


March  18.       629.     H.M.  Warrant  for  affixing  the  Great  Seal  to  Com- 
st.  James's,  missions  for  two  privateers  for  seizing  pirates  in  the  seas  of  the 
Spanish  West  Indies.     Countersigned,  Holies  Newcastle.     Copy. 
Annexed, 

629.  i,  ii.  The  Commissions  referred  to  in  preceding.     Copies. 
[C.O.  324,  36.     pp.  101-104.] 

March  19.  630.  Mr.  Dunbar  to  Mr.  Popple.  Refers  to  his  Memorial 
(No.  628,  i.),  and  offers  to  produce  authorities  for  each  particular 
etc.  Continues  :  —  The  people  who  have  wrote  to  me  from 
America,  have  done  it  upon  a  personal  knowledge  of  me.  I  was 
quarterd  among  them  and  had  the  honour  to  command  and 
proclaime  our  late  King  when  most  of  ye  Churchmen  in  yt. 
country  were  poyson'd  in  their  principles  by  the  late  Dr. 
Hickman,  Bishop  of  Londonderry,  and  were  willing,  with  a 
small  encouragemt.  to  act  the  reverse  of  what  was  happyly 
begun  there  in  1688  etc.  All  beginnings  of  settlement  are 
both  troublesom  and  expensive,  and  ye  lands  proposed, 
haveing  been  formerly  cultivated,  and  at  this  time  actually 
seizeing  and  great  part  possessing  of  late  by  some  of  the  New 
England  people,  some  of  whom  have  marked  large  tracts  for 
themselves,  they  will  thereby  have  it  in  their  power  to  commit 
the  same  wasts  and  abuses  as  they  have  in  their  own  country, 
and  it  will  be  difficult  if  not  impracticable  to  dispossess  them, 
or  prevent  ye  wasts  if  not  some  regular  settlement  and  authority 
in  that  neighbourhood  ;  I  did  not  propose  any  sallary  to  myself 
if  I  was  vested  with  such  power,  nor  do  I  think  that  more  land 
than  one  modern  township  of  New  England  would  be  necessary 


AMERICA  AND   WEST  INDIES. 

1729. 

for  those  petitioners  etc.  Proposes  to  wait  upon  the  Board  on 
friday.  Continues  : — I  have  hired  two  men  to  carry  with  me, 
one  has  been  many  years  in  Russia,  and  perfectly  understands 
ye  raiseing  of  hemp  and  makeing  pott  ash,  wch.  their  Lordships 
may  see  in  4  hours  tryed  here  ;  the  other  a  Hamburgher  who 
understands  cureing  of  sturgeon,  of  which  there  is  great  plenty 
in  Kennebeck  River.  I  have  now  some,  as  good  fish  as  any 
in  ye  world,  but  too  much  salted  and  ill  cured,  and  it  is  to  be 
had  there  when  there  is  none  in  the  East  Countrys  etc.  Con- 
cludes : — If  it  be  thought  that  anything  I  am  proposeing  would 
induce  more  of  the  protestants  to  quit  Ireland,  I  will  tell  of  an 
expedient  effectually  to  prevent  it,  upon  wch.  I  will  pawn  my 
credit.  Signed,  David  Dunbar.  Endorsed,  Reed.,  Read  19th 
March,  172 1 .  Holograph.  4  pp.  [C.O.  217,  5.  ff.  101-102U., 
WSv.] 

March  21.       631.     Council   of  Trade   and   Plantations   to   the   Duke   of 
Whitehall.     Newcastle.     Enclose    following   to    be    laid    before    the    King. 
Autograph  signatures.     1  p.     Enclosed, 

631.  i.  Same  to  the  King.  Quote  .from  Mr.  Dunbar's 
Memorial  (v.  17th  March).  Continue : — We  have 
ever  thought  the  settlement  of  Nova  Scotia  of  so 
great  consequence,  that  we  have  at  different  times 
propos'd  several  encouragements  to  induce  people  to 
settle  there,  particularly  7th  June,  1727  etc.  Continue  : 
A  settlement  is  now  design'd  without  any  expence  to 
the  publick  ;  and  therefore  we  are  humbly  of  opinion 
that  this  proposal  deserves  all  reasonable  encourage- 
ment. But  as  a  settlement  on  other  parts  of  Nova 
Scotia  might  be  of  greater  advantage  to  the  Province 
than  on  the  place,  where  'tis  now  propos'd,  we  take 
leave  to  observe,  That  in  order  to  render  this  Province 
secure  from  the  French  inhabitants  who  have  it  in 
their  power  whenever  they  please  from  their  great 
majority  in  numbers,  to  disturb  your  Majesty's 
subjects,  it  is  become  absolutely  necessary  to  make 
one  chief  settlement  at  or  near  Annapolis  Royal,  the 
present  seat  of  Government,  and  another  at  or  near 
Can9o,  which  by  reason  of  it's  situation  will  when 
properly  settled,  be  of  the  greatest  consequence,  not 
only  upon  account  of  the  valuable  Fishery  carried  on 
at  that  place,  but  on  account  of  it's  neighbourhood  to 
Cape  Breton.  The  French  inhabitants  of  Nova  Scotia, 
who  refuse  to  take  the  oaths  of  allegiance  to  your 
Majesty,  and  still  remain  there,  contrary  to  the  Treaty 
of  Utrecht,  have  been,  and  are  still  the  great  support 
of  all  the  French  Colonies  in  their  neighbourhood,  by 
supplying  them  with  furs,  fish,  cattle,  corn,  provisions 
and  timber  of  all  kinds.  And  we  have  reason  to 


330  COLONIAL   PAPERS. 

1729. 


believe,  that  without  their  assistance  Cape  Breton 
would  never  have  been  establish'd  upon  so  good  a 
footing.  We  should  not  have  repeated  this  again, 
but  that  it  shews  the  consequence  of  encouraging 
families  to  settle  there,  this  Province  for  want  thereof 
having  hitherto  been  an  expensive  burthen  to  Great 
Britain,  whilst  the  French  have  reap'd  real  advantages 
from  the  produce  of  the  country.  It  is  for  these 
reasons  that  we  think  the  people  who  now  propose 
to  settle  in  Nova  Scotia  will  be  more  advantagiously 
situated  near  Annapolis  Royal  and  Canyo  than  to  the 
eastward  of  Kennebeck.  We  have  upon  this  occasion 
been  attended  by  Mr.  Dunbar,  who  informs  us  that 
he  has  already  taken  his  passage  for  Nova  Scotia,  and 
therefore  we  humbly  take  leave  to  propose  to  your 
Majesty,  that  he  be  instructed  immediately  upon  his 
arrival  to  sett  out  at  least  the  200,000  acres  of  land 
in  proper  places  as  a  nursery  of  trees  for  your  Majesty's 
use,  and  that  so  soon  as  this  is  done  your  Majesty's 
Governor  be  directed  forthwith  to  sett  apart  a  sufficient 
quantity  of  land  for  these  new  inhabitants  under  the 
following  conditions  vizt.  :  that  50  acres  of  land  be 
granted  to  each  person,  upon  his  or  her  arrival,  free 
from  fines  and  likewise  from  quit-rents  for  the  first 
ten  years.  That  double  that  quantity  of  land  be 
granted  to  carpenters,  smiths,  masons,  joyners, 
brickmakers,  bricklayers,  and  to  all  other  artificers 
necessary  for  building  or  husbandry,  upon  the  same 
terms.  That  the  encouragement  propos'd  in  Colo. 
Philipps'  Instructions  for  intermarriages  with  the 
Indians  be  extended  to  these  new  settlers,  vizt.  £10 
sterling  and  50  additional  acres  of  land  free  of  quit 
rent  for  the  space  of  20  years,  to  every  white  man 
being  a  Protestant,  who  shall  marry  an  Indian  woman, 
native  and  inhabitant  of  Nova  Scotia.  And  if  any 
substantial  family  is  found  capable  of  improving  a 
larger  tract,  that  the  Governor  be  at  liberty  to  grant 
them  land  not  exceeding  1000  acres  free  from  fines 
and  quit  rents  for  ten  years,  under  proper  conditions 
and  restrictions  with  respect  to  the  cultivation  and 
improvement  thereof.  And  that  all  these  afore- 
mentioned grants  be  made  free  from  any  charge  to 
these  new  settlers.  As  to  the  other  part  of  Mr. 
Dunbar's  memorial,  desiring  an  order  for  40  men  from 
the  garrison  to  protect  him  etc.,  we  think  it  will  be  of 
advantage,  considering  the  danger  they  must  be 
expos'd  to  from  the  French  inhabitants  and  from  the 
Indians.  [C.O.  218,  2.  pp.  123-129 ;  and  (covering 
letter  only)  217,  31.  No.  24.] 


AMERICA  AND   WEST   INDIES. 


331 


1729. 
March  21. 

Whitehall. 


March  24. 

London. 


March  25. 


March  25. 


March  25. 

Whitehall. 


March  25. 

Whitehall. 


March  26 

Boston. 


632.  Mr.  Popple  to  Peter  Soulegre.     Enquires  whether  and 
when  he  intends  to  return  to  St.  Christophers,  to  take  his  place 
in  the  Council  there.     [C.O.  153,  14.     p.  411.] 

633.  Mr.   Soulegre  to  Mr.   Popple.     As   it  is   uncertain  if 
he  will  return  to  St.  Christophers,  requests  appointment  of  a 
Councillor   in    his    stead.     Endorsed,    Reed.    25th,    Read   28th 
March,  1729.     Holograph.     1  p.     [C.O.  152,  17.      ff.  31,  32i;.] 

634.  Mr.  Attorney  and  Solicitor  General  to  the  Council  of 
Trade  and   Plantations.     Report  upon  two  Acts   of  Jamaica 
referred  to  them  Feb.  25th,     q.v.     Point  out  some  variances 
between  (i)  and  the  draught  of  a  bill  for  raising  a  revenue  and 
Governor  Hunter's  Instructions  enclosed  Feb  25th,  upon  which 
some  questions  of  law  arise.     No  question  of  law  arises  upon 
the  second  Act,  which  expires  29th  March.     Signed,  P.  Yorke, 
C.  Talbot.     Endorsed,  Reed.  26th  March,  Read  9th  May,  1729. 
5|  pp.     [C.O.  137,  17.     ff.  139-141U.,  142i>.] 

635.  Petty   expenses   of  the   Board   of  Trade,    Christmas 
1728  to  Lady  day,  1729.     (v.  Journal.)     7  pp.     [C.O.  388,  79. 
Nos.  40-43.] 

636.  Council    of    Trade    and    Plantations    to    the    King. 
Recommend  for  confirmation,  (i)  Act  of  Nevis  for  providing 
a  house  and  settling  £500  pr.  ann.  upon  H.E.  etc.     (ii)  Act  of 
St.  Kitts  for  settling  £2000  etc.  upon  H.E.     [C.O.  153,  14.     pp. 
411-413.] 

637.  Same   to    Same.     Representation     upon   two   acts    of 
Virginia,  1705,  for  declaring  how  long  judgments  etc.  shall  be  in 
force   etc.   and  for   limitations   of  actions  etc.,     "  the   Virginia 
merchants    having    complain'd   to    us    of  the    hardships   they 
suffer'd  from  the  first  of  these  acts  [which]  is  in  many  particulars 
repugnant  to  the  statute  of  limitations  21st  K.  James  I,  whereas 
that  statute  seems  to  have  been  the  plan  upon  which  the  second 
act  was  founded,  every  particular  thereof  being  by  this,  enforced 
and  pursued.     Among  the  particulars  in  which  the  statute  of 
K.  James  and  the  first  of  these  Virginia  acts  disagree,  there  is 
one  which  in  our  humble  opinion  seems  to  be  of  very  bad  conse- 
quence to  the  trade  of  this  Kingdom  ;   and  that  is,  the  limitting 
a  time,  after  which  neither  bond  or  judgment,  shall  be  in  force  ; 
we  therefore  humbly  lay  the  first  before  your  Majesty  for  your 
disallowance,   and  the   second  for  your  royal   confirmation." 
[C.O.  5,  1366.     pp.  16,  17.] 

638.  Jeremiah  to  David  Dunbar.     Since  his  letter  of  14th 
Jan.,   he   has  ridden   through  the   woods   to   Casco   Bay  and 
Kennebeck  river,    "  above  800  miles  the  most  part  of  it  up  to 


332 


COLONIAL  PAPERS. 


1729. 


March  26. 

Whitehall. 


March  26. 

St.  James's. 


March  26. 

Virginia. 


the  horese's  belly  in  snow."  Whilst  he  was  there,  the  country 
fellows  in  N.  Hampshire  cut  into  logs  40  of  the  trees  which  had 
been  seized  and  condemned  there.  '  This  provok'd  me  so 
much  that  I  went  again  to  all  their  saw  mills  wch.  are  above  a 
hundred  in  number,  where  and  in  the  woods  adjacent  I  seiz'd 
1300  loggs  some  of  which  are  40  inches  in  diameter,  and  280 
fine  white  pines  "  etc.  They  were  to  be  tried  yesterday  etc. 
The  greatest  difficulty  he  will  meet  with  will  be  in  Maine,  where 
Mr.  Cook  has  a  large  interest  ;  however  he  has  seiz'd  94  logs 
in  the  township  of  Berwick,  which  will  be  enough  to  try  the 
title  etc.  "  It  wou'd  grieve  you  to  see  what  distruction  has  been 
made  in  the  woods,  there  is  scarse  a  tree  standing  anywhere 
within  6  or  7  miles  of  the  waterside  between  this  and  Kenne- 
beck  that  is  worth  hauling  to  the  bank.  Col.  Westbrook, 
Agent  here  for  the  Contractor,  is  forced  to  go  nine  or  ten  miles 
into  the  woods  for  masts,  for  the  carriage  of  which  he  is  at  a 
great  expense  in  cutting  slay  roads  to  the  waterside  "  etc.  A 
provision  to  preserve  white  oak  and  ash  is  needed,  (v.  April 
21st.)  Has  shown  the  directions  for  raising  hemp  and  making 
pitch  and  tar  to  a  great  many  of  the  people,  "  but  while  they  can 
cut  the  pine  trees  and  steal  them  away,  they  think  it  less  labour 
to  log,  and  laugh  at  us  for  proposing  it  "  etc.  Proposes  to  give  in 
a  memorial  to  the  Assembly  to  pass  an  act  on  that  head.  Is 
setting  out  for  the  Narraganset  country,  where  he  is  told  there 
is  some  very  fine  timber  etc.  Signed,  Jer.  Dunbar.  Endorsed, 
Reed.  14th,  Read  16th  May,  1729.  Copy.  2f  pp.  [C.O  5, 
870.  ff.  216-217^.] 

639.  Council  of  Trade  and  Plantations  to  the  Lords  Com- 
missioners   of    the    Treasury.       Request    payment    of    Office 
expenses  and  officers'  salaries  for  quarter  ending  Lady  Day. 
Account  annexed.     [C.O.  389,  37.     pp.  300,  301.] 

640.  Order   of   King   in    Council.     Approving   draught    of 
Seal  (v.   24th  Jan.)  for  Nova  Scotia,  and  ordering  the  chief 
engraver  of  seals  forthwith  to  engrave  a  silver  seal  according 
to  it,  etc.     The  seal  and  motto  described,  v.  A.P.C.   III.      No. 
159.     Signed,  Temple  Stanyan.     Endorsed,  Reed.   16th,  Read 
17th  June,  1729.     l£  pp.     [C.O.  217,  5.      ff.  119,  119z;.,  120u.] 

641 .  Lt.  Gov.  Gooch  to  the  Council  of  Trade  and  Plantations. 
As  I  have  mett  with  no  proper  oppertunity  of  writing  to  your 
Lordships  for  some  moneths  past,  I  gladly  lay  hold  of  the  first 
conveyance  by  the  ship  Randolph  of  London,  to  transmit  to 
your  Lordships  the  Council  Journals  from  the  13th  of  June 
last,  with  other  publick  occurrences  since  that  time.      I    shal 
first  take  notice  of  the  feuds  which  have  lately  arisen  between 
two  of  our  tributary  Indian  nations,  the  Nottaways  and  the 
Saponies,  occasioned  by  murders  committed  on  some  of  each 
nation,  whereof  they  accuse  one  another,  and  both  were  obliged 


AMERICA   AND   WEST   INDIES.  333 

1729. 

to  apply  to  the  Government  for  justice  :  But  upon  a  strict 
examination  at  two  Councils,  the  16th  and  22nd  of  August,  at 
which  both  nations  were  present,  no  such  discovery  could  be 
made  as  to  amount  to  a  legal  proof,  whereon  to  convict  or 
punish  either  of  the  parties.  Notwithstanding  this,  it  was  in 
vain  to  remonstrate  to  these  savages  the  justice  of  our  laws 
which  permit  no  man  to  be  punished  without  due  proof  of  his 
crime  :  Their  notions  of  justice  were  not  to  be  adapted  to  that 
rule.  Revenge  was  what  both  sides  wanted  ;  and  because  they 
were  forbid  all  hostility,  and  were  told  that  this  matter  should 
still  be  pursued  and  enquired  into  by  us,  they  seem'd  resolved 
to  take  satisfaction  their  own  way,  expressing  great  resentment 
against  the  English  for  not  concurring  with  them  therein  ; 
so  that  I  every  day  expect  to  hear  of  an  encounter  between 
them  which  will  certainly  happen,  whenever  they  meet  in  their 
hunting.  If  this  was  all,  your  Lordships  must  give  me  leave 
to  say,  I  should  be  little  concerned  at  the  event :  But  as  our 
frontier  inhabitants  lye  at  the  same  time  exposed  to  the 
barbarous  insults  of  these  Indians,  and  the  foreign  nations  they 
call  in  to  their  aid,  this  in  all  probability  will  involve  us  in 
continual  skirmishes  and  alarms  with  them  ;  and  in  November 
last  about  a  dozen  families  of  our  outward  inhabitants  were, 
with  guns  and  arrows,  forced  by  them  from  their  habitations, 
to  which  however  they  soon  returned.  Besides  this,  we  are 
in  no  small  danger  from  our  slaves,  (at  least  we  ought  to  guard 
against  them)  an  instance  whereof  happen'd  this  winter  in  Prince 
George  County,  where  a  number  of  them  being  got  together 
in  a  riotous  manner,  threatened  the  officer,  who  executing  the 
laws  seized  some  and  dispersed  the  rest,  for  which  his  barn  the 
night  following  was  burnt  down.  Nor  my  Lords  are  these  all 
our  fears,  the  secret  robberies  and  other  villainous  attempts  of 
a  more  pernicious  crew  of  transported  felons,  are  yet  more 
intolerable  ;  witness  the  dwelling  house  and  outhouses  of  Mr. 
Thomas  Lee  which  in  the  night  time  were  sett  on  fire  by  these 
villains,  and  in  an  instant  burnt  to  the  ground,  a  young  white 
woman  burnt  in  her  bed  ;  the  gentleman,  his  wife  and  three 
children  very  providentially  getting  out  at  a  window,  with 
nothing  but  their  shifts  and  shirts  on  their  backs,  which  was 
all  they  saved,  not  two  minutes  before  the  house  fell  in — and 
this  was  done  by  these  rogues  because,  as  a  Justice  of  the  Peace, 
upon  complaint  made  to  him,  he  had  granted  a  warrent  for 
apprehending  of  some  of  them.  They  are  not  yet  discovered  : 
In  consideration  of  this  gentleman's  misfortune,  which  he  is 
not  well  able  to  bear,  and  as  it  arises  from  the  discharge  of  his 
duty  as  a  Magistrate,  I  have  been  prevailed  upon  to  interceed 
with  your  Lordships,  that  his  case  may  be  recommended  to 
H.M.,  for  his  royal  bounty  of  two  or  three  hundred  pounds 
towards  lessening  his  loss,  which  was  the  more  considerable  by 
a  very  good  collection  of  books.  To  provide  my  Lords  in  the 


334  COLONIAL   PAPERS. 

1729. 


only  way  I  can  against  these  dangers,  I  thought  it  proper  to 
look  narrowly  into  the  state  of  the  Militia,  and  have  been 
surprised  to  find  that  after  so  much  care  taken  in  framing  of 
laws  to  arm  and  train  a  Militia  fit  for  service,  so  little  regard 
hath  been  had  to  the  only  thing  which  could  render  them 
useful  ;  for  to  no  purpose  are  men  obliged  to  provide  themselves 
with  arms  and  ammunition,  and  to  attend  the  musters  at  stated 
times,  or  to  be  ready  to  march  whenever  danger  cals  them  out, 
if  when  they  are  got  together,  scarce  one  officer  knows  how  to 
form  them  or  how  to  instruct  them  in  the  use  and  exercise  of 
those  arms  they  bring  with  them.  The  Council  were  all  of 
them  sensible  of  this  defect,  and  of  the  dangers  which  threaten 
us  ;  and  desired  me  to  appoint  an  adjutant  to  put  the  Militia 
into  a  proper  method  of  discipline,  which  I  have  accordingly 
done,  constituting  a  gentleman  they  recommended,  who  is  a 
very  active  and  an  understanding  man,  and  no  doubt  will 
merit  the  sallery  of  £150  p.  anm.  which  the  Council  the  2d.  of 
November  judged  reasonable  to  allow  him  for  his  trouble.  He 
is  now  employ'd  in  teaching  the  officers  in  those  Countys  most 
expos'd  to  danger,  and  I  hope  by  this  means  to  bring  ^all  the 
Militia  of  the  Colony  into  such  an  uniform  and  regular  method 
of  exercise,  as  to  be  a  sufficient  guard  against  all  the  attempts 
of  Indians,  or  the  intestine  insurrections  of  slaves  and  convicts. 
And  as  I  weighed  the  argument  on  all  sides,  even  that  whereby 
it  may  be  thought  dangerous  to  make  men  too  knowing  in 
military  matters,  and  opposed  to  it  the  loyalty  and  fidelity  of 
the  inhabitants  to  His  present  most  excellent  Majesty,  and  that 
they  are  engaged  by  interest  as  well  as  affection  to  Great  Brittain, 
as  also,  that  it  was  agreable  to  my  96th  Instruction,  I  could 
not  resist  the  reasonableness  and  necessity  of  it,  point  of  time 
admitting  of  no  delay,  and  hence  promise  myself  that  your 
Lordships  will  approve  of  the  allowance  given  to  this  new 
officer ;  as  an  expence  highly  requisite,  and  a  prudent  appli- 
cation of  H.M.  Revenue.  It  was  but  a  little  time  my  Lords 
before  the  last  General  Court  that  I  had  the  honour  to  receive 
H.M.  Instructions  to  which  my  Commission  refers.  On  the 
perusal  of  them  I  found  that  Mr.  FitzWilliams,  who  on  his 
appointment  to  the  office  of  Surveyor  General  of  the  Customs 
in  the  Southern  district  of  America,  had  also  been  constituted 
of  the  Council  of  Virginia,  as  well  as  Jamaica,  and  South 
Carolina,  was  not  named  with  the  others  in  my  Instructions. 
However,  as  he  still  continues  to  act  in  that  post  which  at  first 
gave  him  a  pretension  to  be  of  the  Council,  I  thought  it  improper 
to  lay  him  aside,  and  although  his  letter  is  not  renewed,  he  still 
keeps  his  seat  at  our  Board.  But  my  Lords  the  Council  are  of 
opinion,  and  it  seems  have  been  all  along,  that  he  has  no  title 
to  sitt  as  Judge  of  the  General  Courts  ;  the  right  he  claims  the 
priviledge  by,  is  taken  from  a  law  of  this  Country,  which 
appoints  the  Council  the  judges  ;  but  then  they  say,  that  the 


AMERICA   AND   WEST   INDIES.  335 

1729 

law  can  mean  only  those  whose  names  are  in  H.M.  Instructions, 
the  gentlemen  of  the  Country,  that  have  estates  here,  who  in 
truth  are  thought  by  everybody  the  only  fit  persons  to  judge 
of  the  property  of  others.  Out  of  regard  to  order  and  quiet,  I 
am  under  the  necessity  of  troubling  your  Lordships  with  this 
dispute,  and  I  hope  for  a  decision  from  your  Lordships  which 
will  prevent  for  the  future  an  altercation  which  hath  sometimes 
subsisted.  The  Commissioners  appointed  for  settling  the 
boundaries  between  this  Colony  and  North  Carolina  having 
finished  that  tedious  and  troublesome  affair,  occasioned  by 
thick  woods  and  rivers  they  were  obliged  to  pass,  I  have  here- 
with sent  your  Lordships  their  report  with  the  plans  of  the  line 
as  it  is  now  run  and  markt  out.  Your  Lordships  will  find  (for 
which  there  is  a  protest  and  an  answer)  that  after  the  Commis- 
sioners of  Carolina  had  gone  with  ours  a  certain  distance  beyond 
their  own  inhabitants,  they  refused  to  proceed  any  farther, 
urging  several  reasons  which  I  think  little  to  the  purpose,  and 
might  with  equall  force  have  been  insisted  on  before  they  went 
so  far  ;  but  one  of  our  Commissioners  concurring  with  them, 
they  returned  to  Carolina  and  Mr.  FitzWilliams  came  back, 
leaving  Mr.  Byrd  and  Mr.  Dandridge  to  discharge  the  more 
difficult  part  of  the  duty,  which  they  continued  to  do  for  six 
weeks  after  the  seperation,  in  which  time  they  finished  the 
remaining  part  of  the  line  up  to  the  Great  Mountains,  and  I 
dare  to  answer  for  it,  with  such  exactness  (as  the  Surveyors 
were  bound  by  oath  to  do)  that  I  hope  it  will  be  allowed  to  be 
of  equal  validity  with  that  part  of  the  boundary  in  which  all 
parties  were  present.  It  remains  that  I  beg  your  Lordships 
directions  how  the  expence  of  this  work  shall  be  paid.  (I  find 
that  the  Commissioners  or  Surveyors  sent  out  in  1711  on  the 
same  service  were  paid  out  of  the  quit  rents  by  a  warrent  from 
the  Treasury,  and  though  they  were  then  out  only  one  moneth, 
the  Commissioners  had  one  hundred  pounds  sterl.  each  and 
the  Surveyors  205.  p.  diem  a  man  ;  and  the  present  gentlem. 
expect  a  proportionable  allowance,  and  they  that  concluded 
the  line  think  and  are  thought  to  deserve  more  than  he  that 
left  them  and  came  home.)  There  are  also  sundry  considerable 
charges  for  men  and  provisions,  some  with  arms  for  their  guard, 
chain  carry ers,  markers  and  other  necessary  attendants.  As 
these  could  not  wait  till  their  payment  was  directed  from 
England,  that,  and  the  charge  of  the  provisions  have  been 
advanced  out  of  the  2*.  p.  hhd.  the  whole  will  be  above  WOOL 
I  hope  to  receive  your  Lordships  signification  of  H.M.  pleasure 
both  as  to  the  quantum  to  be  allowed  to  the  several  gentlemen 
and  the  fund  for  payment  thereof,  two  Commissioners  and  two 
Surveyors  were  out  sixteen  weeks,  and  one  Commissioner  about 
nine  weeks.  I  have  already  written  to  your  Lordships  on  the 
subject  of  the  Spotsilvania  lands  mentioned  in  the  Journal  of 
2d.  of  November  in  a  letter  dated  the  6th  of  the  same  moneth, 


336  COLONIAL   PAPERS. 

1729. 

that  I  shal  now  only  send  a  duplicate  of  that  letter,  and  pray 
your  Lordships  speedy  direction  therein,  for  every  delay  will 
encrease  the  difficulty  both  on  the  officers  of  the  Revenue  and 
the  patentees.  I  have  also  sent  your  Lordships  the  copy  of  a 
letter  which  setts  forth  the  reasons  for  repealing  the  clause 
which  prohibits  the  importation  of  stript  tobacco  ;  and  the 
depositions  of  the  Master  of  a  ship  taken  by  a  pirate  ;  much 
about  that  time  the  same  pirate  took  another  ship  which  is 
gone  to  Maryland  etc.  On  the  death  of  Peter  Beverly  Esq.  one 
of  the  Council,  I  take  this  first  opportunity  to  recommend  to 
your  Lordships  to  fill  up  that  vacancy,  Col.  Henry  Harrison 
whom  I  formerly  introduced  to  your  Lordships  as  a  gentleman 
in  all  respects  qualified  for  that  trust.  And  the  following  names 
are  such  as  by  my  6th  Instruction  I  am  required  to  transmit, 
men  firmly  attach'd  to  his  present  most  excellent  Majesty,  of 
good  life,  estates  and  abilities.  Henry  Armistead,  John  Jones, 
David  Bray,  John  Taylor,  Gawin  Corbin,  William  Cole,  Henry 
Fitzhugh,  Armistead  Churchill,  David  Meriwether,  Francis 
Willis,  Robert  Carter,  John  Lewis.  I  hope  no  application  will 
prevail  with  your  Lordships  to  recommend  any  person  that 
is  not  named  in  this  list.  I  have  reason  to  suspect  that  some 
may  offer  themselves,  who  are  not  so  well  known  at  home  as 
they  are  here  ;  but  as  I  am  not  forward  in  giving  of  characters, 
I  shal  content  myself  with  cautioning  your  Lordships  against 
Mr.  Thomas  Corbin  only.  My  nomination  is  no  otherwise  out  of 
favour  or  affection  to  their  persons  than  as  they  are  good  men, 
and  I  am  under  no  obligation  to  prefer  any  of  them  besides  what 
their  merit  and  my  duty  to  my  Sovereign  engage  me  to.  About 
two  moneths  since  a  ship  of  150  tunns  bound  to  Maryland  was 
lost  coming  in  at  the  Capes,  which  could  not  have  hap'ned 
had  there  been  a  lighthouse  ;  but  as  that  project  is  like  to 
come  to  nothing,  your  Lordships  must  give  me  leave  to  say, 
that  tis  meer  obstinacy  in  our  neighbours  and  those  merchants 
that  opposed  it,  who  have  and  will  suffer  by  the  want  of  it. 
Nor  was  there  the  last  year,  nor  is  there  this,  one  Captain  of 
H.M.  ships,  or  Master  of  a  merchant  ship,  but  what  finds  the 
want  of  it,  and  is  sensible  of  the  great  service  it  would  be  to  the 
shipping.  This  my  Lords  I  enquired  into  before  I  proposed  it 
to  the  Assembly,  and  was  led  to  it  by  my  own  observation 
and  experience,  having  been  obliged  when  I  came  into  the 
country  after  making  the  land,  but  not  discovering  the  Capes, 
to  keep  out  at  sea  all  that  night,  by  which  we  very  narrowly 
escaped  being  taken.  I  hope  your  Lordships  will  put  a 
favourable  construction  upon  what  I  have  the  honour  now  to 
report  to  your  Lordships  ;  for  tis  a  faithfull  declaration  that  I 
make,  when  I  tell  your  Lordships  I  have  no  other  views  than 
with  great  integrity  to  discharge  my  duty  to  H.M.,  etc.  Signed, 
William  Gooch.  Endorsed,  Reed.,  Read  3rd  June,  1729. 
Holograph.  3|  pp.  Enclosed, 


AMERICA   AND   WEST   INDIES.  337 

1729. 


i.  Same  to  the  Duke  of  Newcastle,  28th  Feb.,  172J. 
Supports  address  of  the  planters  against  the  clause  in 
the  act  prohibiting  importation  of  tobacco  strip 
from  the  stalk.  States  at  length  the  reasons  which 
induced  him  to  encourage  the  address,  shewing  that 
"  H.M.  interest  is  made  the  foundation  of  the  advan- 
tage proposed  thereby  to  His  people  "  etc.  Signed,  W.G. 
Same  endorsement.  Copy.  3  pp. 

641.  ii.  Copies  of  three  Proclamations  by  Lt.  Gov.  Gooch 
(i)  20th  Sept.  and  2nd  Nov.,  1728,  removing  embargo 
on  export  of  wheat,  flour  and  grain,  (ii)  24th  Oct., 
1728,  further  proroguing  the  Assembly  till  15th  May. 
Endorsed,  Reed.  3rd  June,  1729.  1  p. 

641.  iii.  Deposition  of  John  Batting,  Master  of  the  ship 
Triumph  of  Plymouth.  On  7th  Jan.  was  plundered 
by  a  French  pirate,  50  leagues  w.  of  Bermuda.  The 
pirate  desisted  from  destroying  his  ship  in  order  to 
chase  and  capture  a  snow  which  appeared  in  sight. 
Signed,  J.  Batting.  Endorsed  as  covering  letter.  1  p. 

641.  iv.  Account  of  H.M.  revenue  of  2s.  per  hhd.  in  Virginia, 
25th  April— 25th  Oct.,  1728.  Signed,  John  Grymes, 
Recr.  General.  Audited  by  John  Blair,  Depty.  Audr. 
Same  endorsement.  4  pp. 

641.  v.  Journal  or  Field  Book  of  the  proceedings  of  the 
Surveyors  appointed  for  determining  the  bounds 
between  the  Colonies  of  Virginia  and  Carolina.  5th 
March— 4th  April,  and  20th  Sept.— 26th  Oct.,  1728. 
Signed,  Alexr.  Irvine.  Same  endorsement.  30|  pp. 

641.  vi.  Protest  of  Boundary  Commissioners  of  N.  Carolina, 
7th  Oct.,  1728.  Having  with  the  Commissioners  for 
Virginia  run  the  line  from  Curratuck  Inlet  to  a  southern 
branch  of  Roanoak  river,  being  in  the  whole  170  miles, 
and  near  50  miles  without  the  inhabitants,  they  are 
of  opinion  that  the  line  was  run  as  far  as  would  be 
requisite  for  a  very  long  time,  and  the  carrying  it 
further  would  be  a  needless  charge  and  trouble,  the 
grand  debate  between  the  two  Governments  about 
Wyanoke  river  or  creek  being  settled  at  their  former 
meeting  in  the  spring,  when  they  were  ready  to  have 
gone  with  the  line  to  the  outmost  inhabitants,  whence 
it  might  have  been  continued  when  needed  in  an  age 
or  two,  by  a  surveyor  appointed  by  each  side.  The 
Virginian  surveyors,  having  replied  that  they  should 
proceed  alone  if  they  desisted,  "  we  conceiving  that 
by  virtue  of  H.M.  Order  in  Council  they  were  to  act 
in  conjunction  with  the  Commissrs.  appointed  for 
Carolina  .  .  .  hereby  dissent  and  disallow  of  any 
further  proceeding  with  the  bounds  without  our 

C.P.  XXXVI -22 


338  COLONIAL   PAPERS. 

1729. 

concurrance  "    etc.      Signed,    C.    Gale,    J.    (?)    Ovick, 
E.  Moseley,  W.  Little.     2  pp. 

641.  vii.  Reply  of  Virginian  Boundary  Commissioners  to 
preceding,  Dec.  11,  1728.  The  plain  meaning  of  the 
King's  order,  assented  to  by  the  Lords  Proprietors, 
was  to  ascertain  the  boundary  as  far  towards  the 
mountains  as  possible  etc.,  that  both  the  King's  land 
and  that  of  the  Lords  Proprietors  may  be  taken  up 
the  faster,  and  that  H.M.  subjects  may  as  soon  as 
possible  extend  themselves  to  that  natural  barrier. 
This  they  will  do  in  a  few  years,  when  they  know  in 
which  Government  they  may  enter  for  the  land,  etc. 
Signed,  W.  Byrd,  W.  Dandridge.  Note  by  Lt.  Gover- 
nor Gooch.  The  Commissioners  of  N.  Carolina  should 
have  said  they  were  50  miles  without  their  inhabitants 
and  by  the  same  rule  should  have  gone  50  miles 
beyound  ours  etc.  Same  endorsement.  3  pp.  [C.O. 
5,  1321.  ff.  110-117i;.,  119-127,  128-134,  135t;.-138, 


March  26.  642.  Order  of  King  in  Council.  Approving  representation  of 
St.  James's.  12th  Feb.,  and  ordering  warrants  for  renewing  the  appointment 
of  Richard  Fitzwilliam  to  be  of  the  Councils  of  Virginia,  S. 
Carolina  and  Jamaica.  Signed,  Temple  Stanyan.  Endorsed, 
Reed.  16th,  Read  17th  June,  1729.  1J  pp.  [C.O.  5,  1321. 
ff.  146, 


March  27.       643.     Council   of  Trade   and  Plantations   to  the   Duke    of 
Whitehall.     Newcastle.     Enclose  following    to    be    laid   before    the   King. 
Autograph  signatures.     1  p.     Annexed, 

643.  i.  Same  to  the  King.  In  obedience  to  your  Majesty's 
commands,  29th  Jan.,  we  have  considered  Mr.  Burnet's 
letters  and  the  Address  of  the  Representatives  of  the 
Massachusets  Bay  referred  to  us  March  1st  etc.,  and 
having  heard  Council,  as  well  on  behalf  of  the 
Governour,  as  on  behalf  of  the  Assembly,  we  humbly 
take  leave  to  represent  ;  That  one  chief  reason  assign'd 
by  the  Assembly  agt.  settling  a  fix'd  salary  upon  the 
Governor,  is,  that  the  Governor  shou'd  be  induc'd  by  his 
own  interest,  as  well  as  duty  to  your  Majesty,  to  consult 
the  interest  and  welfare  of  the  people,  but  that  should 
he  have  a  fix'd  salary,  his  particular  interest  would  be 
very  little  affected  by  serving,  or  disserving,  that  of 
ye  people.  The  only  meaning  which  we  can  draw 
from  this  [is]  that  they  would  pay  their  Governor 
in  proportion  as  they  judge  he  shall  deserve,  by  giving 
his  assent  to  all  such  acts,  and  by  doing  all  such  other 
matters  as  they  shall  think  fitt  to  propose  to  him. 
This  to  us,  is  the  strongest  reason  for  thinking  it 


AMERICA   AND   WEST   INDIES.  339 

1729. 

absolutely  necessary  that  a  fix'd  salary  should  be 
settled  upon  the  Governor,  that  he  may  be  at  all  times 
free  in  doing  what  he  judges  most  conducive  to  the 
good  of  the  Province,  and  the  interest  of  Great  Britain, 
and  to  the  maintaining  of  your  Majesty's  Prerogative, 
without  fearing  the  resentment  of  ye  people,  and 
thereby  run  the  danger  of  losing  his  support.  They 
have,  it's  true,  offer'd  Mr.  Burnet  a  large  salary,  or 
present,  for  the  time  he  has  been  with  them  ;  But  we 
very  much  fear  it  was  to  tempt  him  to  give  up  your 
Majesty's  Instructions  in  this  particular,  and  there- 
fore we  must  in  justice  to  Mr.  Burnet,  represent  to 
your  Majesty,  that  we  think  he  has  acted  with  honour 
and  integrity,  in  refusing  what  they  would  in  this 
manner  have  given  him.  By  the  Charter  granted  to 
the  Massachusets  Bay,  the  General  Court  is  empowered 
to  impose  and  levy  taxes  to  be  issued,  and  disposed  of 
by  warrant  from  the  Governor  wth.  ye  consent  of  ye 
Council  for  the  service  of  the  Crown,  in  ye  necessary 
defence  and  support  of  the  Government ;  and  as  the 
Government  of  this  Province  consists  of  a  Governor, 
Council  and  Assembly,  the  Government  as  intended 
by  the  Charter,  can  never  be  said  to  be  supported, 
so  long  as  the  Governor,  who  is  a  chief  and  necessary 
part  of  the  Legislature,  shall  be  in  the  power  of  the 
Assembly,  by  being  dependent  upon  them  for  his 
subsistance.  In  this  Government  the  Assembly  is 
chosen  annually,  and  the  Assembly  chuse  the  Council ; 
so  that  as  the  Assembly  may  properly  be  said  to  have 
two  branches  of  the  Legislature  in  their  own  power, 
it  seems  the  more  necessary  that  ye  Governor  should 
be  made  independent  of  them.  Upon  looking  back  into 
the  Acts  of  this  Province,  we  find  one  pass'd  there, 
in  1692,  whereby  a  salary,  or  allowance  of  three 
shillings  a  day,  is  given  to  the  Representatives.  This 
was  in  1714  increased  by  Act  of  Assembly  to  4  shill. 
a  day  and  afterwards  in  1726  by  another  Act 
again  encreased  to  six  shillings  a  day  ;  and  a  salary 
given  at  the  same  time,  to  ye  Members  of  ye  Council 
of  ten  shillings  a  day  ;  and  we  cannot  conceive  why 
their  allowance  shou'd  be  thought  more  proper  to  be 
settled,  and  fix'd  than  the  Governor's  salary.  By 
what  has  been  offer'd  to  us,  from  the  Council  in  behalf 
of  the  Assembly,  as  well  as  by  their  Address,  they  seem 
entirely  averse  to  settle  a  certain  salary  upon  the 
present  Governor,  and  those  who  shall  succeed  him, 
yet  as  we  judge  it  absolutely  necessary  for  yor.  Majesty's 
service,  that  the  independency  of  your  Governor 
there,  should  be  preserv'd  ;  we  humbly  take  leave  to 


340 


COLONIAL   PAPERS. 


1729. 


propose  that  Mr.  Burnet  be  instructed  to  insist  upon 
a  fix'd  salary  of  one  thousand  pounds  sterl.  pr.  annum, 
at  least,  to  be  by  a  law  settled  upon  him,  during  the 
whole  time  of  his  Government,  and  to  be  paid  him, 
out  of  the  Treasury  of  the  Province  in  the  same  manner, 
as  the  salarys  to  the  Members  of  ye  Council  and  Assem- 
bly are  paid.  If  your  Majesty  shall  be  graciously 
pleas'd  to  explain  your  Instructions,  in  so  favourable 
a  manner,  agreeable  to  your  Matie's  Instructions 
given  to  other  Governors,  and  the  Assembly  shall  not 
then  think  fit  to  comply  ;  the  only  means,  we  know 
of,  to  bring  them  to  a  sense  of  their  duty,  is,  that  your 
Majesty  shall  be  pleas'd  to  lay  an  account  of  their 
conduct  before  your  Parliament.  As  to  their  complaint 
against  the  Governor  for  having  adjourn'd  the  General 
Court  from  Boston,  His  late  Majesty,  in  Council  upon 
a  former  complaint  of  this  nature  agt.  Col.  Shute, 
did  determine  that  point  in  favour  of  the  Governor  ; 
and  we  do  not  see  why  Mr.  Burnet's  conduct  should 
be  call'd  in  question  for  having  acted  agreable  to 
that  determination.  Autograph  signatures.  6  pp. 
[C.O.  5,  752.  Nos.  38,  38  i  ;  and  5,  916.  pp.  183- 

189]. 

t 

644.  Same  to  the  Committee    of   the  Privy    Council.      In 
reply   to  reference  of  March  1st,    enclose  copy  of  preceding 
representation.    [C.O.  5,  916.     pp.  190,  191]. 

645.  H.M.   Warrants  appointing   and  continuing   Richard 
Fitzwilliam,  Surveyor  General  of  the  Customs,  to  the  Councils 
of  Virginia  and  South  Carolina  and  Jamaica.      Countersigned, 
Holies  Newcastle.     Copy.     2  pp.     [C.O.  5,  361.    ff.  146,  146t;., 

and  324,  36.     pp.  107—110]. 


March  27. 

Whitehall. 


March  28. 

St.  Jama's. 


Mar.  [  —  ].  646.  Petition  of  Joseph  Gledhill  and  William  Crosse,  to  the 
King.  Samuel  Gledhill,  Lt.  Governor  of  Placentia,  and  father 
of  first  petitioner,  paid,  by  permission,  £1200,  to  a  Gentleman 
in  the  Army,  upon  his  relinquishing  said  post,  when  his  35 
years  service  in  the  army  were  rewarded  by  H.M.  Commission 
of  Lt.  Governor.  Upon  the  complaints  of  several  masters  of 
ships,  he  has  been  recalled  and  his  pay  stopped.  Pray  that  it 
may  be  continued,  being  the  maintenance  of  8  children.  Crosse 
and  other  merchants  of  London  are  ready  to  testify  to  his 
encouragement  and  protection  of  their  shipping  to  Newfound- 
land etc.  Signed,  Joseph  Gledhill,  William  Crosse.  1  p. 
[C.O.  194,  23.  No.  36]. 


March  81, 
Boston. 


647.     Governor  Burnet  to  the  Duke  of  Newcastle.     I  have 
seen  so  much  of  the  temper  of  the  people  of  this  province,  that 


AMERICA   AND   WEST   INDIES.  341 

1729. 

I  humbly  conceive  that  some  of  H.M.  forces  upon  the  British 
establishment,  will  be  necessary  to  keep  them  within  the  bounds 
of  their  duty.  Refers  for  his  reasons  to  following.  Continues  : 
I  flatter  myself  that  your  Grace  will  have  the  goodness  to 
represent  the  matter  to  H.M.  in  such  a  light,  that  two  Indepen- 
dent Companys  of  100  men  each  may  be  ordered  to  this  place, 
of  which  I  humbly  hope,  that  one  will  be  under  me  as  their 
Captain  and  the  pay  and  clothing  of  both  the  Companys  under 
my  care,  in  the  same  manner,  and  at  the  same  rate  as  the  four 
Companys  at  New  York  etc.  Signed,  W.  Burnet.  Endorsed, 
R.  24th  July.  Copy  sent  to  Ld.  Townshend.  If  pp.  Enclosed, 
647.  i.  Duplicate  of  following.  [C.O.  5,  898.  Nos.  56,  56  i.]. 

March  31.       648.     Governor  Burnet  to  the  Council  of  Trade  and  Plan- 
Boston,       tations.     Among  the  many  attempts  that  the  people  of  this 
province  have  made  to  be  independent,  I  think  the  greatest  and 
most  dangerous  is  that  of  endeavouring  to  wrest  the  sword  out 
of  the  Roy  all  Hand,  as  Govr.  Shute  expresses  it  in  his  complaint 
to  His  Late  Majesty,  and  for  this  reason  he  formed  three  of  his 
seven  charges  against  the  Assembly  upon  this  point,  his  instances 
that  they  pretended,  by  their  own  authority,  First  to  demolish 
forts.     2nly  to  stop  the  pay  of  the  Forces.     And  3dly  to  order 
them  to  be  mustered  by  their  Committee.     These  charges  were 
indeed  confessed  by  the  Assemblys  Council  to  be  just  upon  the 
hearing  before  the  Committee  of  the  Lords  of  the  Privy  Council. 
But  as  I  have  had  experience  of  the  little  regard  shewn  to  His 
late   Majesty's    orders    upon  that  hearing,   in   the   Assemblys 
disputing  the  power  of  the  Governor  to  adjourn  them  from 
Boston  to  Salem,  I  have  all  the  reason  in  the  world  to  apprehend 
that  they  will  whenever  they  think  fit,  abandon  forts  and  stop 
the  pay  of  the  Forces,  as  they  do  at  this  time  continue  to  examine 
the  musters,  before  the  men  can  be  paid.     In  this  manner  it 
depends  on  them  to  strip    me    of   all    military    force    at  their 
pleasure,  and  indeed  as  it  is,  the  soldiers  and  officers  are  in  fact 
much  more  at  their  command  than  mine.     I  can  see  no  possible 
remedy  to  this  encroachment  on  the  Royall  Authority,  of  so 
great  importance,  unless  H.M.  will  be  pleased  to  order  some 
of  the  Forces  in  his  own  immediate  pay  to  be  posted  in  this 
Province.     I   humbly  conceive  there  is  not  less  need  of  them 
in  this  Province  than  at  Nova  Scotia  or  Newfoundland  or  New 
York.     And  as    his    late    Majesty    ordered    an    Independent 
Company  to   Providence  and  another  to  South  Carolina  ;    I 
would  humbly  propose  that  two  Independent  Companies  of  one 
hundred  men  each  may  be  sent  to  this  Province,  one  to  garrison 
the  Castle  near  Boston,  and  another  to  be  divided  among  the 
small  forts  on  the  frontiers.     This  one  thing  would  I  am  per- 
suaded signify  more  than  anything  else  to  give  the  Government 
here  some  weight  and  to  make  H.M.  be  respected  by  the  people 
who  at  present  value  themselves  upon  the  feebleness   of  the 


342  COLONIAL   PAPERS. 

1729. 

Administration.  If  your  Lordships  think  what  I  propose  to 
be  reasonable,  I  hope  you  will  be  pleased  to  lay  it  before  H.M. 
for  his  Royall  approbation.  Signed,  W.  Burnet.  Endorsed, 
Reed.  12th,  Read  23rd  May,  1729.  3£  pp.  [C.O.  5,  870. 
ff.  224-225t;.] 

March  31.  649.  Same  to  Mr.  Popple.  Encloses  following  newspaper, 
Boston.  "  where  I  have  marked  the  vote  of  the  last  town  meeting  here 
for  the  encouragement  of  the  Representatives.  I  likewise 
desire  you  to  lay  the  enclosed  certificate  before  their  Lordships 
in  order  to  rectify  a  mistake  in  my  Instruction  for  New 
Hampshire  in  the  list  of  Councillors,  where  James  is  named 
instead  of  John  Penhallow,  as  the  said  James  himself  informed 
me  that  he  sollicited  Governour  Shute  to  recommend  his  brother 
John,  and  not  himself,  he  not  living  in  the  place,  but  being 
continually  employed  in  voyages  at  sea  "  etc.  Asks  if  a  new 
warrant  will  be  needed.  Signed,  Wm.  Burnet.  Endorsed, 
Reed.  12th  May,  1729.  l£  pp.  Enclosed, 

649.  i.  The  New  England  Weekly  Journal  No.  CIV.  Monday, 
March  17,  1729.  With  passage  marked  by  Governor 
Burnet.  Vote  of  Town  meeting  for  payment  by  the 
Town  Treasurer  of  the  Representatives  for  their 
sessions  at  Salem,  they  "  having  steadfastly  adhered  to 
the  rights  and  privileges  of  people  of  this  Province, 
and  have  been  hitherto  extraordinarily  prevented  any 
allowances  "  etc.  Endorsed  as  preceding.  Printed. 
2  pp. 

649.  ii.  Affidavit  by  Benjamin  Pollard  and  William  Brock. 
Governor  Shute  named  Capt.  Penhallow  to  the  Board, 
whose  Christian  name  was  subsequently  inserted  as 
John.  Signed,  Benj.  Pollard,  Will.  Brock.  Endorsed 
as  preceding.  l£  pp.  [C.O.  5,  870.  ff.  226,  226sy., 
227u.-228i>.,  229v.-230v.,  231v.] 

April  1  650.     Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 

Has  no  objection  to  Act  of  New  Jersey  for  confirming  conveyances 
etc.  (v.  March  14).  Signed,  Fran.  Fane.  Endorsed,  Reed.  17th, 
Read  29th  May,  1729.  1  p.  [C.O.  5,  972.  ff.  178,  1810.] 

April  11.  651 .  Bill  for  the  better  preservation  of  H.M.  Woods  in 
America,  and  for  the  encouragement  of  the  importation  of  naval 
stores  from  thence  etc.  Endorsed,  Read  17th  and  25th  April, 
1729.  Printed  copy.  lOf  pp.  [C.O.  323,  9.  ff.  l-Qv.] 

April  2  652.     Governor  Philipps  to  the  Duke  of  Newcastle.     I  being 

now  ready  to  embrace  the  first  opportunity  of  obeying  H.M. 
commands  in  repaireing  to  the  Government  of  Nova  Scotia, 
(which  I  was  unhappyly  prevented  of  doeing  last  fall  by  the  only 
reason  that  my  patent  could  not  pass  all  the  forms  before  the 


AMERICA   AND   WEST   INDIES.  343 

1729. 

season  of  navigation  to  that  country  was  over)  doe  humbly 
pray  your  Grace's  letter  to  the  Board*  of  Admiralty  that  I  may 
be  reciev'd  on  board  the  first  station  ship  that  sayles  for 
Placentia  or  Canso  etc.  Signed,  R.  Philipps.  1  p.  [C.O.  217, 
38.  No.  22.] 

April  2.         653.     Governor   Montgomerie   to   the   Duke   of  •  Newcastle. 

New  York.  Asks  for  commissions  for  two  officers  of  the  company  at  Albany, 
whom  he  has  promoted  upon  the  death  of  Major  Lancaster 
Symes.  Set  out,  N.Y.  Col.  Docs.  V.  p.  875.  Signed,  J.  Mont- 
gomerie. Endorsed,  R.  May  10.  Holograph.  3  pp.  [C.O. 
5,  1086.  /.  9  ;  and  5,  1093.  ff.  12-13u.] 

April  5.  654.  Governor  the  Earl  of  Londonderry  to  the  Council  of 
Antigua.  Trade  and  Plantations.  Begins  as  following  covering  letter. 
Continues  : — This  law  (to  tax  transient  factors)  the  inhabitants 
are  very  anxious  about  and  hope  your  Lordps.  will  think  it 
just  and  reasonable  that  a  set  of  transient  factors,  to  whom  by 
the  Court  merchant  act  the  Legislature  here  have  given  the 
peculiar  advantage  of  recovering  their  debts  not  exceeding  £100, 
and  having  execution  for  them  at  all  times  in  the  year,  and  in  so 
speedy  a  way  as  about  eight  days  from  the  commencement  of  the 
suit ;  should  contribute  something  to  a  country  where  they  have 
such  superior  advantages  to  the  resident  merchants,  by  which 
they  have  turn'd  the  channel  of  trade  from  them  and  in  a  manner 
monopoliz'd  the  whole  commerce  of  the  island.  Your  Lordps. 
will  please  to  observe  this  tax  is  applicable  to  very  good  purposes, 
such  as  finishing  English  Harbour  which  is  a  safe  reception  for 
all  ships  in  the  hurricane  time  and  for  building  cisterns  to  retain 
large  quantitys  of  rain  water  for  their  use  and  afterwards  for 
other  works  which  your  Lordps.  by  the  bill  will  perceive  are 
absolutely  requisite.  I  am  sorry  I  have  reason  to  write  to  your 
Lordships,  of  the  extraordinary  proceedings  of  the  Spanish 
guarda  da  costas,  who  in  time  of  peace,  or  at  least  of  suspension 
of  war  with  their  nation,  attack  our  ships  as  if  we  were  actually 
at  war  with  them,  and  your  Lordships  will  perceive  by  the 
following  account,  a  flagrant  instance  of  their  so  doing  :  On 
30th  Jan.,  172£,  the  pink  Pheasant,  commanded  by  William 
Wilson,  of  the  burthen  250  tons,  was  attack'd  and  taken  by  a 
Spanish  privateer  commanded  by  Don  Cyprian  of  Porto  Rico, 
in  the  latitude  of  28  and  30,  as  she  was  proceeding  in  her  voyage 
from  Barbadoes  to  South  Carolina.  The  privateer,  after  she 
had  taken  the  Pheasant,  stript  the  Captn.  and  all  his  men,  used 
them  in  a  very  cruel  manner,  and  carried  them  to  Porto  Rico, 
where  they  have  detained  the  ship  and  cargo,  to  the  loss  and 
damage  of  the  master,  of  upwards  of  £4000  sterl.,  who  is  the 
sole  owner  of  both.  The  master  and  his  crew  came  from  Porto 
Rico  to  St.  Christophers,  where  they  made  their  protest,  and 
gave  me  also  a  petition  stating  these  facts,  which  I  have  by  this 


344 


COLONIAL   PAPERS. 


April  6. 

Antigua. 


1729. 

opportunity  sent  to  His  Grace  the  Duke  of  Newcastle  to  lay 
before  H.M.  ;  the  master  is  gone  to  England,  to  sollicite  this 
matter.  P.S.  I  also  transmit  a  short  act  for  chuseing  vestry- 
men for  St.  Paul's  parish,  they  having  lapsed  their  time.  Signed, 
Londonderry.  Endorsed,  Reed.  7th,  Read  12th  June,  1729. 
3  large  pp.  [C.O.  152,  17.  ff.  69-70*;.  ;  and  (extract)  7,  1. 
'No.  32]. 

655.  Same  to  the  Duke  of  Newcastle.  Begins  with  duplicate 
of  Jan.  30.  Continues  .'—Since  my  arrival  to  this  island  I 
have  the  pleasure  to  acquaint  your  Grace  that  the  conspiracy 
of  the  negroes  from  its  happy  and  early  discovery  had  produced 
no  ill  effects,  otherwise  than  in  the  punishment  of  some  of  the 
unhappy  wretches  who  were  concerned  in  it,  who  in  general 
considering  the  nature  of  the  offence  have  been  treated  with 
much  temper  and  moderation.  Five  of  them  were  found 
guilty,  three  of  which  were  burnt  alive,  and  one  hang'd  drawn 
and  quarter'd  and  the  other  transported  to  the  Spanish  coast 
with  nine  more  against  whom  the  evidence  was  thought  not 
to  amount  to  a  strict  legall  condemnation  therefore  an  Act  has 
pass'd  for  their  banishment  to  the  Spanish  coast  their  being  no 
power  otherwise  to  do  it ;  'Tis  without  doubt  many  more  were 
concerned  but  things  being  perfectly  quiet  it  has  been  judg'd 
proper  to  cease  further  examinations  upon  account  of  the  great 
expence  it  would  have  occasioned  to  the  country.  An  Act  for 
the  banishment  of  these  negroes,  another  to  supply  the  annual 
charges  of  this  island,  and  also  one  to  tax  transient  Factors, 
with  a  suspending  clause  therein,  I  have  transmitted  to  the 
Lords  of  Trade  and  have  writ  fully  to  their  Lordps.  relateing 
to  them  etc.  Encloses  following  petition.  Continues  :- — I  must 
own  the  Spanish  guarda  da  costas  treat  H.M.  subjects  in  these 
parts  as  if  we  were  in  actuall  hostillity  with  Spain,  of  which 
your  Grace  will  perceive  this  is  a  very  flagrant  instance  because 
to  take  a  ship  in  the  latitude  of  28  and  30  can  be  founded  upon 
no  other  motive  or  pretence  whatsoever.  The  Deputy  Naval 
Officer  dying  and  there  being  no  person  appointed  by  the 
Principal  to  supply  his  place  I  have  pursuant  to  H.M.  Instruc- 
tions appointed  Mr.  Andrew  Lesly  to  execute  that  office,  untill 
such  time  as  the  Principall  shall  properly  depute  some  other 
person.  Signed,  Londonderry.  Endorsed,  Rd.  June  9.  2f  pp. 
Enclosed, 

655  i.  Petition  of  William  Wilson  to  Governor  Lord  London- 
derry. Describes  capture  of  the  Pheasant  laden  with 
negroes,  sugar  and  rum  for  S.  Carolina,  ut  supra  April 
5th,  and  prays  for  compensation  etc.  Signed,  Will. 
Wilson.  1  p.  [C.O.  152,  43.  ff.  35-36*;.,  39]. 

April  YS.         656.     John  Savoy  to  the  Duke  of  Newcastle.     Having  bin 
Geneve.       acquainted    that    Mr.    Wyat  has  delivered  on  my  behalf  the 


AMERICA   AND   WEST   INDIES. 


345 


1729. 


April  7. 

Barbadoes. 


presents  I  was  intrusted  with  by  the  head  men  of  the  Chorakees 
of  South  Carolina  etc.  Explains  that  he  cannot  attend 
personally  for  fear  of  being  arrested  for  debt.  Is  anxious  to 
return  to  Carolina  to  carry  on  trade  with  the  Indians  and 
so  serve  his  country  and  begs  for  his  Grace's  protection  to  that 
end.  Signed,  John  Savoy.  Endorsed,  R.  17th.  Addressed. 
2  pp.  [C.O.  5,  383.  No.  37.] 

657.     Governor  Worsley  to  the  Council  of  Trade  and  Planta- 
tions.    I  have  received  the  honour  of  your  Lordships'  letter 
of  the  23d  of  October  last,    with   your  Lordps'.   opinion    in 
relation  to  the  draft  of  the  Excise  Bill  etc.,  and  an  Order  of 
King  in  Council  in  relation  to  it,  which  I  shall  lay  before  the 
Council    and    Assembly    here.     Encloses    Treasurer's    accounts 
Feb.  1727— 7th  Nov.  1728.         They  contain  the  Excise  accot., 
the  2/6  levy  and  the  7|d.  levy,  this    last  was  raised  for  two 
years    only,    for   the    building   a    magazine   and    town    house. 
Encloses  the  state  of  the  publick  debts  to  19th  Jan.  last,  in 
which  are  included  several  orders  for  money  for  which  there  is 
no  fund.     By  these  accounts  your  Lordships  will  see  the  summs 
of  money  orders  have  been  issued  for  by  me,  with  the  advice 
and  consent  of  the  Council,  from  whence  your  Lordps.  will  be 
better  able  to  judge  what  reason  the  Assembly  had  to  complain 
of  my  conduct  on  this  head.     Encloses  accounts  of  the  powder 
and  stores  in  the  Magazine  and  Forts  etc.,  taken  by  a  Committee 
of  the  Council  I  appointed  the  12th  Nov.  last,  by  which  your 
Lordps.  will  see  the  quantity  of  powder  there  was  then  in  the 
island,  and  what  little  reason  there  was  for  any  complaint  from 
the  Assembly  against  me  upon  that  head.     In  December  last 
when  I  had  the  honour  of  transmitting  to  your  Lordps.  the 
Excise  Bill  for  H.M.  confirmation,  I  forgot  to  observe  that  the 
Assembly  could  have  no  pretence  for  leaving  out  the  use  for 
the  repairing  of  the  fortifications,  in  that  there  was,  nor  could 
be  any  abuse  in  the  issuing  orders  by  the  Governor  and  Council 
for  that  service  :    By  an  Act  of  this  Island,  for  the  better  estab- 
lishment of  the  several  fortifications  etc.,  the  gentlemen  of  the 
Assembly  and  all  the  Field  officers,   are  appointed   Commis- 
sioners in  their  several  districts,  which  are  five,  into  which  the 
whole    island  is  divided  ;    and  these  Commissioners  have  the 
direction  of  the  repairs  of  the  fortifications,  have  full  power 
and  authority  to  appoint  the  supervisors  and  their  sallaries, 
and  "  to  do  all  and  every  other  thing  etc.  necessary  for  carrying 
on  the  said  work  etc.,  and  the  sallaries  to  the  said  supervisors 
as  also  the  value  of  labourers  etc.  shall  be  certified  by  the  said 
Commissioners  etc.  to  the  Governor  and  Council  etc.,  who  are 
hereby  desired,  upon  such  certificate,  to  issue  their  orders  to 
the  Treasurer,  who  is  hereby  empowered  and  required  to  pay  all 
such  orders  "  etc.     Continues  : — If  in  the  same  Excise  bill  they 
left  out  the  use  for  the  payment  of  the  storekeeper's  disburse- 


346  COLONIAL   PAPERS. 

1729. 

ments  for  1705,  1706,  1707  because  they  thought  he  had  rated 
some  things  too  dear  (tho'  in  the  Excise  bills  for  those  years 
there  were  uses  for  the  payment  of  them)  how  comes  the  present 
storekeeper  (one  of  their  own  choice)  to  bring  in  a  bill  of  disburse- 
ments much  larger,  and  in  several  articles  dearer  than  in  any 
of  Collo.  Leslie's  bills,  as  will  appear  by  the  copy  of  it,  which  I 
have  herewith  sent  your  Lordships.  Whereas  it  appears  by 
the  state  of  the  debts  of  this  island,  there  are  several  orders 
granted  for  sums  of  money,  for  the  payment  of  which  there  is 
by  this  year's  Excise  bill  no  fund,  I  have  sent  your  Lordships 
an  account  of  them  in  a  separate  sheet.  'Til  Mr.  Cox's  time 
no  order  for  the  £1169  18s.  Qd.  could  ever  be  obtained  from  the 
Governors  and  Councils  ;  so  that  if  this  order  should  not  be 
paid,  the  debts  of  this  Island,  the  19th  Jan.  last,  would  not 
have  been  more  than  £3828  3s.  4>%d.,  which  will  be  paid  off  this 
year.  Collo.  Francis  Bond,  one  of  the  Members  of  H.M.  Council 
here,  is  dead,  and  Mr.  Lightfoot,  another  of  the  Members  of 
Council,  is  clandestinely  gone  off  this  Island  with  betwixt 
thirty  and  forty  negroes,  and  as  it  is  supposed,  for  Virginia  ; 
he  was  very  much  in  debt,  owing  several  thousands  of  pounds 
more  than  he  was  worth.  I  beg  leave  to  recommend  to  your 
Lordships  Collo.  Leslie  to  be  of  the  Council  here,  the  Minutes 
of  this  year's  Assembly  will  shew  how  he  has  behaved  himself  ; 
at  the  beginning  of  the  Sessions  he  opposed  the  draught  of  the 
Excise  bill,  the  25th  of  July  last,  they  voted  him  out  of  the 
Assembly,  as  not  duly  elected,  and  afterwards,  the  same  day, 
passed  that  bill ;  he  is  a  gentleman  perfectly  well  attached  to 
the  Government.  P.S. — I  have  inclosed  etc.  Minutes  of 
Council,  17th  Dec.  last  to  Feb.  19th  following.  Signed,  Henry 
Worsley.  Endorsed,  Reed.  29th  May,  Read  3rd  June,  1729. 
7  pp.  Enclosed, 

657.  i.  List  of  orders  passed  by  the  Governor  and  Council 
for  which  there  is  at  present  no  fund,  1714-1728. 
Endorsed,  Reed.  29th  May,  1729.  1  double  p. 
657.  ii.  Account  of  money  (£375  4s.  6d.)  due  to  Col.  Durou- 
sseau  Storekeeper  for  disbursements.  Nov.  6,  1728. 
Signed,  Samuel  Durousseau.  Endorsed  as  preceding. 
Copy.  1  p. 

657.  iii.  Report  of  Committee  of  Council  to  Governor  Worsley. 
Have  examined  stores  in  magazine  and  forts  and 
enclose  following.  Signed,  Ralph  Weekes,  Othniel 
Haggatt,  Jno.  Frere,  Josp.  Pilgrim.  Same  endorse- 
ment. Copy.  1  p. 

657.  iv-v.  Accounts  of  stores  of  war,  powder,  etc.,  in  Oistin's 
Fort,  St.  Anne's  Castle  and  Needham's  Fort,  Dec.  24, 
1728.  Same  endorsement.  Copies.  4|  pp. 
657.  vi.  Treasurer's  account  of  the  state  of  the  Publick 
debts  of  Barbados.  19th  Jan.,  1728.  Total  Pay- 
ments due  and  orders  in  course  of  payment,  £8012  2*. 


AMERICA  AND   WEST   INDIES.  347 

1729. 

10  %d.  Receipts  from  Excise  and  7%d.  levy,  £3014  Os. 
8fd.  Signed,  George  Plaxton,  Treasr.  Same  endorse- 
ment. 12  large  pp. 

657.  vii.  Treasurer's  account  of  the  7%d.  levy  for  the  year 
ending  Oct.  31,  1726.  By  parishes.  Total,  £2871 
35.  4|d.  Signed  and  sworn  to  by  George  Plaxton, 
Trear.,  Jan.  6,  1729.  Same  endorsement.  I  large 
double  p. 

657.  viii.  Same  for  1727.  Total,  £2834  6s.  Qd.  £1000  paid 
to  the  Commissioners'  order  to  Thomas  Feild's 
Attorneys.  Same  signature  and  endorsement.  1  large 
double  p. 

657.  ix.  Treasurer's  accounts,  8th  Feb.,  1726 — Aug.  8th, 
1727,  settled  by  the  Committee  of  Publick  Accounts. 
Totals,  Receipts  (including  balance  brought  forward  of 
£4805  15*.  3d.)  £5887  185.  3d.  Expenditure:  £3017 
135.  Qd.  Signed  and  endorsed  as  preceding.  3  large  pp. 

657.  x.  Treasurer's  account  of  the  25.  Qd.  levy  for  the  year 
ending  30th  Sept.,  1727.  Totals  .-—Receipts  £11097 
65.  Q^d.  Expenditure,  £11062  105.  Q%d.  Signed  and 
endorsed  as  preceding.  5f  pp. 

657.  xi.  Treasurer's  accounts  from  8th  Aug.,  1727,  to  the 
8th  Feb.,  1728.  Settled  by  the  Committee.  Totals  :— 
Receipts,  £6034  135.  2%d.  Expenditure,  £3399  195.  4fd. 
Signed  and  endorsed  as  preceding.  4  large  pp. 

657.  xii.  Treasurer's  accounts,  8th  Feb. — 8th  Aug.,  1728. 
Totals  :  Receipts,  including  balance,  £7162  75.  10|d. 
Expenditure,  £3395  155.  Q\d.  Same  endorsement  and 
signature.  6  large  pp. 

657.  xiii.  Treasurer's  account  of  the  25.  6d.  levy  for  year 
ending  30th  Sept.,  1729.  Totals  .'—Receipts,  £11,174  65. 
6|d.  Expenditure,  £11,134  135.  3|d.  Same  signature 
and  endorsement.  6  large  pp. 

657.  xiv.  Treasurer's   accounts,   settled   by  the   Committee, 

13th  Aug.— 27th  Nov.,  1728.  Totals  :  Receipts,  £4033 
75.  lOd.  Expenditure,  £3366  145.  4|d.  Shows  10 
ships  importing  1011  negroes.  Same  signature  and 
endorsement.  8  large  pp.  [C.O.  28,  20.  ff.  137-142, 
143t;.,  145,  146z;.,  147,  148,  148z;.,  149<y.,  151-156t;., 
I57v.,  I58v.-IQIv.,  162U.-164,  165u.-167A.,  168U.-170, 
171V.-173A.,  174z;.,  176A.,  177u.-179Bi;.  ;  and  (dupli- 
cates of  end.  i)  28,  40.  Nos.  1,  2.] 

April  7.         658.     Governor  Worsley  to  the  Duke  of  Newcastle.     Dupli- 
Barbadoes.    cate  of  preceding   covering   letter,    mutatis  mutandis.     Signed, 
Henry  Worsley.     7  pp.     Enclosed, 

658.  i-iv.  Duplicates    of  encl.    ii-v    supra.      (C.O.   28,     45. 

ff.  20-23,  24,  25r.,  26-28.] 


348  COLONIAL   PAPERS. 


1729. 

April  8.  659.  Duke  of  Newcastle  to  the  Duke  of  Argyll.  Having 
Whitehall,  laid  before  the  King  the  inclosed  account  of  the  ordnance  and 
stores  in  Jamaica  (v.  15th  Jan.)  ;  H.M.  being  disposed  to 
supply  them  with  what  they  want,  has  commanded  me  to 
send  the  account  to  your  Grace  that  you  may  be  pleased 
to  consider  of  it,  and  to  direct  the  officers  of  the  Ordnance  to 
prepare  the  proper  warrants  for  that  purpose,  if  you  have  no 
objection  to  it,  that  I  ipay  lay  them  before  H.M.  Signed, 
Holies  Newcastle.  Copy,  f  p.  [C.O.  137,  47.  No.  7]. 

April  10.  660.  Capt.  Woodes  Rogers  to  the  Duke  of  Newcastle. 
Encloses  letter  from  the  Secretary  at  War,  "  wherein  H.M.  on 
the  petition  of  several  merchants  trading  to  the  Caribbee 
Islands,  hath  revoked  the  order  for  sending  two  companys  of 
the  late  Col.  Lucas'  Regiment  thence  to  the  Bahama  Islands, 
but  that  H.M.  is  not  against  the  removing  one  of  the  companys 
at  New  York  thither,  if  the  merchants  do  not  oppose  it,  and  if  it 
is  consistent  with  the  security  of  that  country  "  etc.  Fears 
this  will  cause  delay.  Continues : — Having  prepared  every- 
thing else  for  my  departure  with  two  ships  who  touch  at  Corke, 
to  take  in  provisions,  if  H.M.  would  be  pleased  to  order  me  a 
company  or  reinforcement  from  thence,  they  cou'd  be  carried 
over  in  the  same  ships,  at  half  ye  expence,  and  prevent  yee 
losse  of  time  it  must  occasion,  should  others  be  hired  for  them 
on  purpose,  after  I  am  gone.  Begs  that  a  reinforcement  in 
some  manner  may  be  ordered,  without  which  "  by  the  thin- 
nesse  of  the  inhabitants  and  smalnesse  of  the  garrison  the 
Bahama  Islands  in  case  of  any  rupture  with  Spain  will  be  in 
danger,  and  in  a  peace  insulted  by  the  pirates,  and  also  by  the 
Spaniards  from  Cuba,  as  they  always  have  been,  to  the  dis- 
couragemnt.  of  new  inhabitants  coming  thithe*."  Begs  that 
his  salary  as  Governor  may  be  fixed  here  before  he  goes  etc. 
Signed,  Woodes  Rogers.  Endorsed  (in  pencil).  Take  care  to 
[?]  the  troops,  etc.  If  pp.  Enclosed, 

660.  i.  Mr.  Arnold  to  Capt.  Rogers.     Whitehall,  5th  April, 

1729.     Quoted  in  preceding.     Copy.     1  p.     [C.O.  23, 

12.     Nos.  98,  99]. 

April  11.  661.  Petition  of  William  Mayle,  of  Brightelmstone,  master 
of  the  Richard  and  William,  brigantine,  to  the  Council  of  Trade 
and  Plantations.  Petitioner  built  said  brigantine  at  Newhaven 
and  took  a  freight  of  coals  etc.  for  Philadelphia  and  carried  a 
Mediterranean  pass  and  other  legal  cocquets  with  him,  but  being 
ignorant  in  the  trade  to  America  omitted  taking  a  register. 
At  Philadelphia  15th  Aug.  1728,  John  Moore,  Collector,  seized 
the  brigantine,  but  on  petitioner's  producing  the  pass  etc.,  he 
was  cast.  The  Collector  notwithstanding  will  not  admit  the 
ship  to  an  entry,  although  offered  sufficient  security  for  the  ship 


AMERICA   AND   WEST   INDIES. 


349 


1729. 


April  11. 

Clarges 
Street. 


April  15. 

New  York. 


April  15. 

St. 
Christophers. 


and  to  produce  a  register  in  18  months,  but  keeps  two  men  on 
board  her  at  15s.  per  diem,  etc.  Prays  for  relief.  Endorsed, 
Reed,  llth,  Read  16th  April,  1729.  \p.  Enclosed, 

661.  i.  Commissioners  of  H.M.  Customs  to  the  Collector  and 

Comptroller  of  Customs  at  Philadelphia.  Custom 
House,  London,  llth  Feb.,  172?;.  Enclose  affidavit 
that  the  Richard  and  William  was  built  at  Newhaven 
and  wholly  owned  by  Brittish  subjects.  She  cleared 
from  Portsmouth  to  take  in  provisions  for  Gibraltar 
and  was  therefore  not  liable  to  give  any  plantation 
bonds  etc.  Four  signatures.  1  p.  [C.O.  5,  1267. 
ff.  35,  36,  87o.]. 

662.  Col.  Dunbar  to  Mr.  Popple.     Hopes  for  amended  act, 
"  which  is  now  going  through  its  forms."     Encloses  letters  from 
his  Deputies,  which  show  how  much  it  is  needed.     The  report 
by  the  Board  is  again  referred  to  a  Committee  of  the  Council, 
etc.     Begs  for  instruction  about  white  oak,   and  for  a  small 
sloop    for    Nova    Scotia,  etc.  and  allowances  for  his  deputies, 
whose  letters  he  encloses  (v.  21st  April).     Signed,  David  Dunbar. 
Endorsed,  Read  llth,  Read  22nd  April,  1729.      2  pp.      [C.O. 
5,  870.     ff.  209,  209i;.,  2110.]. 

663.  Governor   Montgomerie   to   the   Duke  of  Newcastle. 
Repeats  request  of  April  2   and  encloses  copy  of  letter  to  the 
Council  of  Trade  "  of  this  date."     Concludes  :  I  beg  your  Grace 
will  get  the  bills  mentioned  in  it  disallowed,  for  I  assure  you  if  it 
is  not  done,  it  will  be  impossible  for  me  to  cary  on  H.M.  service 
successfully  in  New  Jersey.     Set  out,  N.Y.  Col.  Docs.  V.  p.  876. 
Signed,  J.  Montgomerie.      Endorsed,  R.  June  16.     Holograph. 
2  pp.     Enclosed, 

663.  i.  Same  to  the  Council  of  Trade  and  Plantations.     Dupli- 
,  cote  of  April  20,  1729.     [C.O.  5,  1093.    ff.  14,  14w., 

16  17 ;  and  (without  enclosure]  5,  1086.  ff.  11, 
120.]. 

664.  Governor  Lord  Londonderry  to  the  Duke  of  Newcastle. 
I  have  the  honour  to  acquaint  your  Grace  that  at  St.  Crus,  an 
island  not  now  settled,  a  great  many  of  H.M.  subjects  (called 
woodcutters)  go  there  to  cut  timber  for  shipping,  windmills, 
etc.,  and  that  I  lately  gave  Collo.  Woodrup,  a  gentleman  of  this 
island,  a  Commission  to  command  his  Brittanique  Majesty's 
subjects  there,  he  informs  me  that  a  great  many  from  the  small 
adjacent  Leeward  Islands  are   desirous  to  come  to  settle  there, 
provided  they  could  have  grants  for  land,  but  'tis  a  step  I  would 
not  venture  to  take  without  first  receiveing  your  Grace's  com- 
mand's, for  tho'  tis  within  the  limitts  of  my  Government,  I 
must  acquaint  your  Grace  that  formerly  'twas  settled  by  the 
French,  and  about  forty  years  ago  quitted  by  them  in  obedience 


350  COLONIAL   PAPERS. 

1729. 

to  an  edict  of  the  late  King  of  France,  to  strengthen  their 
settlement  at  Hispaniola,  for  which  reason  the  commission 
was  worded  in  that  manner,  and  caution  given  not  to  mount 
gun's,  or  to  erect  anything  like  a  Fort  etc.  'Tis  a  fine  island 
about  ten  or  twelve  leagues  long,  and  three  or  four  broad, 
the  land,  when  clear'd  from  wood,  is  generally  thought  to  be 
very  good  for  canes,  and  by  drawing  from  the  Virgin  Islands 
the  inhabitants  together  there,  they  then  may  be  brought  to 
be  usefull,  but  now  they  subsist  cheifly  by  plunder,  and  pyracy, 
and  as  this  island  lyes  to  leeward  of  all  the  French  settlements, 
'tis  probable  they  will  take  no  umbrage  at  it,  especially  as  they 
are  stealing  gradually  a  settlement  at  Dominica,  where  I  am 
inform'd  are  already  near  300  familys.  I  shall  keep  things 
just  as  they  are,  untill  I  may  have  the  honour  of  your  Grace's 
commands,  and  in  case  any  umbrage  should  be  taken  at  it  by 
the  French,  it  will  at  least  give  a  good  occasion  of  mentioning 
their  settleing  Dominica  etc.  Signed,  Londonderry.  Endorsed, 
Reed.  2  June.  Copy  sent  to  Lord  Townshend,  June  3,  1729. 
Holograph.  3|  pp.  [C.O.  152,  43.  ff.  41-42i>.] 

April  19.  665.  Order  of  Committee  of  Council.  Referring  back  to  the 
Board  of  Trade  their  report  upon  Col.  Dunbar's  proposal  (19th 
March  etc.),  for  a  settlement  on  the  east  side  of  Kennebeck  River, 
to  report  whether  they  have  any  objection,  and  whether  it  may 
be  advisable  for  H.M.  to  put  them  under  the  Government  of 
Nova  Scotia  or  in  regard  to  its  great  distance  from  Annapolis 
to  appoint  a  particular  Governor,  with  a  draught  of  instructions 
for  such  Governor  for  granting  of  lands,  and  giving  other 
encouragements  for  settling  said  familys  etc.,  Col.  Dunbar  having 
explained  that  these  familys  having  cattle,  stock,  and  materials 
to  carry  with  them,  they  will  not  go  so  far  as  Annapolis  to  make 
their  settlement  etc.  Set  out,  A.P.C.  III.  pp.  185,  186,  q.  v. 
Signed,  Ja.  Vernon.  Endorsed,  Reed.,  Read  22nd  April,  1729. 
2  pp.  [C.O.  217,  5.  ff.  104,  I05v.] 

April  19.  666.  Report  of  Committee  of  Privy  Council.  Quote 
Whitehall.  Representation  of  the  Board  of  Trade,  20th  Dec.  1728,  upon 
the  Newfoundland  Fishery.  All  proper  remedies  ought  to  be 
applied  without  loss  of  time.  Recommend  recall  and  trial  of 
Lt.  Governor  Gledhill.  The  Commadore  should  always  be 
authorized  to  have  some  cheque  or  comptrol  upon  the  conduct 
of  the  Lieut.  Governor.  This  would  put  an  end  to  the  com- 
petition between  H.M.  land  and  sea  forces,  and  prevent  the 
disorders  at  present  charged  upon  the  garrison,  who  would 
become  accountable  to  an  officer  incapable  of  sharing  in  the 
profit  arising  from  connivance  at  their  irregular  behaviour. 
Commadores  have  heretofore  been  appointed  Governors  of  that 
Island  and  Commanders  in  Chief  both  of  the  land  and  sea  forces, 
during  their  continuance  there.  Propose  a  Commission  appoint- 


AMERICA   AND   WEST   INDIES.  351 

1729. 

ing  Lord  Vere  Beauclerk  and  all  future  Commodores  Captains 
General  and  Commanders  in  Chief  etc.,  requiring  them  strictly 
to  pursue  the  directions  of  the  Act  of  10th  and  llth  Wm.  Ill, 
by  which  a  power  is  vested  in  the  Commodores  for  hearing 
appeals  on  all  disputes  about  the  property  of  fishing  rooms. 
And  that  the  people  who  remain  upon  the  Island  may  not  live 
in  a  state  of  anarchy  that  a  clause  be  inserted  in  said  Com- 
mission empowering  the  Commodore  to  appoint  Justices  of 
the  Peace,  for  whose  guidance  he  should  be  provided  with 
books  containing  the  duty  of  a  Justice  to  be  distributed  amongst 
them.  The  titles  of  the  inhabitants  who  have  forestalled  the 
fishing  stages  should  be  enquired  into,  by  which  means  they 
may  probably  be  restored  to  the  publick.  To  that  end  some 
person  skilled  in  the  laws  should  be  appointed  to  assist  the  next 
Commodore,  which  person  might  likewise  be  of  service  in 
forming  regulations  for  the  better  government  of  the  inhabitants 
during  the  winter  season.  The  Bishop  of  London,  as  Ordinary 
of  the  Plantations,  should  be  directed  to  send  a  clergyman  with 
Lord  Vere,  who  is  to  endeavour  to  secure  a  reasonable  main- 
tenance from  the  people  of  St.  Johns,  etc.  Set  out,  A.P.C.  III. 
pp.  215-218,  q.  v.  6|  pp.  [C.O.  194,  8.  ff.  197-200.] 

April  20.  667.  Governor  Worsley  to  the  Council  of  Trade  and  Plan- 
Barbados,  tations.  Has  communicated  H.M.  Order  in  Council  disapproving 
of  draft  of  Excise  bill  to  the  Council  and  ordered  it  to  be  sent 
to  the  Assembly  at  their  next  sitting.  Continues  : — Mr.  Peers, 
the  Speaker,  having  received  lately  Mr.  Reeves  and  Mr.  Lutch- 
wich's  oppinions  in  relation  to  the  determination  of  the  Act 
etc.  for  the  support  of  the  honor  and  dignity  of  the  Government 
with  16  other  Members  of  the  Assembly  met  (tho5  the  Assembly 
was  then  adjourned)  and  agreed  to  send  to  the  absent  Members 
a  copy  of  those  opinions,  which  the  Speaker  accompanyed  with 
a  letter  (copies  enclosed).  I  am  very  much  surprised  to  find 
that  neither  of  these  opinions  take  any  notice  of  H.M.  pro- 
clamation "  for  declaring  H.M.  pleasure  for  continuing  the 
officers  in  H.M.  Plantations  till  H.M.  pleasure  shall  be  further 
signify ed,"  which  proclamation  I  published  here  21st  Nov., 
1727,  nineteen  days  before  the  expiration  of  six  months  after 
the  death  of  his  late  Majesty.  Certainly  it  was  never  disputed 
till  now,  that  officers  in  the  Plantations  could  not  be  there 
continued  in  their  respective  offices  by  the  King's  Proclamation  ; 
upon  the  death  of  King  Charles  2  ;  upon  the  accession  of  King 
William  to  the  Throne,  as  also  upon  Queen  Ann's,  proclamations 
in  the  same  manner  were  published  in  the  Colonys  and  Planta- 
tions, and  the  Governments  in  this  part  of  the  world  subsisted 
for  some  time  in  all  these  instances  upon  no  other  foundation  ; 
nay  this  very  Assembly  was  chosen  under  this  Proclamation  and 
passed  the  Excise  bill  now  in  force,  and  other  laws,  and  do  even 
now  sitt  by  virtue  of  writts  issued  out  by  me  before  the  arrival 


352  COLONIAL   PAPERS. 

1729. 

of  my  new  Commission  ;  and  all  the  Judges,  Patent  and  other 
officers,  have  acted  upon  the  same  foot.  However  very  many 
in  this  island  now  dispute  the  paying  the  2*.  6d.  levy,  tho'  they 
paid  it  last  year,  in  that,  they  say,  I  ceased  being  H.M.  Governor 
for  some  time,  and  therefore  according  to  their  oppinions  the 
Act  is  determined,  and  many  of  the  Members  of  the  Assembly 
have  refused  taking  a  list  of  the  negro  heads  (on  whom  the  tax 
is  laid)  or  of  making  their  returns  as  by  the  law  they  are  oblidged  ; 
and  as  St.  Michaels  Town  is  to  raise  £2200,  for  their  houses, 
trades  and  personal  estates,  thirteen  of  the  Vestry  (which 
consists  of  17  persons)  have  refused  to  lay  it ;  the  time  sub- 
scribed by  the  law  being  between  the  25th  of  March  and  12th  of 
April ;  tho'  the  5th  instant  I  published  H.M.  28th  Instruction 
to  me,  by  which  I  am  empower'd  to  receive  the  additional  salary, 
yet  'tis  objected  that  H.M.  by  his  Instruction  can't  revive  this 
law  which  they  think  is  determined.  The  Minister  of  the 
parish  and  the  three  other  Gentlemen  of  the  Vestry,  who  were 
for  laying  the  apportionment  according  to  law  took  H.M. 
Attorny  General  of  this  Island  his  opinion  (enclosed).  I  wish 
it  had  been  less  dubious,  for  I  cannot  think  after  H.M.  had  so 
solemnly  declared  the  validity  of  the  law  by  my  28th  Instruction, 
that  there  can  be  any  room  to  dispute  it.  Many  seem  still  to 
persist  not  to  pay  the  tax,  whence  great  confusion  must  arrise  ; 
Mr.  Haggatt  a  Member  of  H.M.  Council  is  one  of  the  Vestry  in 
this  parish,  and  has  refused  with  the  others  to  lay  the  appoint- 
ment. Your  Lordships  will  see  by  the  Treasurer's  accounts, 
that  the  monys  arrising  from  this  tax,  is  not  solely  for  my  use, 
for  above  £3300  is  applyed  for  other  services,  for  the  support 
of  the  Government ;  by  the  law,  the  Treasurer  of  this  island  is 
allowed  to  the  first  of  Oct.  next  to  collect  the  tax,  and  after- 
wards he  is  responsible  for  what  is  not  collected  ;  as  perhaps 
many,  as  well  as  the  Vestry  of  St.  Michaels  will  dispute  the 
Act's  being  still  in  force  I  should  be  glad  of  the  honor  of  H.M. 
commands  for  my  conduct  in  an  affair  wch.  will  occasion  so 
much  confusion  in  this  Government,  if  H.M.  commands  dos 
not  reach  this  island  before  1st  Oct.  In  the  mean  time  I  shall 
use  my  utmost  endeavours  not  to  give  the  least  handle  to  the 
Assembly  or  the  people  here,  to  complain  of  my  conduct  in  an 
affair  of  so  nice  a  nature  where  every  particular  person  is  con- 
cerned. Signed,  Henry  Worsley.  Endorsed,  Reed.  17th,  Read 
18th  June,  1729.  6  pp.  Enclosed, 

667.  i.  Returns  made  by  the  Provost  Marshall  on  his  publish- 
ing H.M.  Proclamation  continuing  officers,  and  H.M. 
28th  Instruction  (v.  preceding).  Signed,  Wm.  Kennedy, 
P.M.  Endorsed,  Reed.  17th  June.  Copy,  certified 
by  Wm.  Webster  Depty.  Sec.  1  p. 

667.  ii.  (a)  Mr.  Reeve's  opinion  on  the  determination  of  the 
Act  for  the  supporting  the  honor  and  dignity  of  the 
Government.  Thinks  that,  the  Act  being  to  continue 


AMERICA   AND   WEST   INDIES.  353 

1729. 

no  longer  than  Mr.  Worsley  shall  continue  Governor, 
it  is  determined  if  he  once  ceased  to  be  Governor  even 
tho'  he  afterwards  had  a  new  Commission,  and  thinks 
it  doubtfull  even  if  Mr.  Worsley  was  granted  a  new 
Commission  within  six  months  after  the  demise  of  the 
Crown  it  was  a  continuance  of  him  as  Governor  etc. 
Signed,  Thomas  Reeve,  (b)  Mr.  Lutwyche's  opinion. 
Is  doubtful,  but  thinks  he  may  be  entitled  to  the  salary 
so  long  as  he  continues  Governor  without  intermission 
etc.  Signed,  Tho.  Lutwyche.  The  whole,  1  p. 
667.  iii.  Henry  Peers  to  Michael  Cornor.  April  2,  1729. 
Encloses  preceding  opinions,  for  which  "  the  majority 
of  our  brethren  in  the  Assembly  "  sent  home,  on 
account  of  the  "  opinion  they  had  formed  of  the  law 
for  the  support  of  the  Government  giving  H.E.  an 
addition  of  £6000  pr.  annum  sterl.  to  his  sallary  of 
£2000  sterl.,  and  the  low  circumstances  our  fellow 
subjects  were  reduced  to  by  that  heavy  tax  "  etc. 
Signed,  Hen.  Peers.  Endorsed,  Reed.  17th,  Read  18th 
June,  1729.  1  p. 

667.  iv.  Opinion  of  Attorney  General  of  Barbados  on  above 

point.  Since  in  legal  understanding  the  King 
never  dies,  the  words  of  the  Act  seem  not  to 
confine  the  provision  for  the  Governor  for  the  then 
reign  only  etc.  April  10,  1729.  Signed,  J.  Blenman. 
Endorsed  as  preceding.  Copy.  2|  pp.  [C.O.  28,  20. 
ff.  186-188?;.,  189i;.,  190,  IQlv.,  192,  193-195*;.]. 

April  20.         668.     Governor     Worsley     to     the     Duke     of     Newcastle. 
Barbados.     Duplicate    of    preceding    covering    letter,    mutatis    mutandis. 

Signed,    Henry    Worsley.      Endorsed,    Rd.    June    18.      6   pp. 

Enclosed, 

668.  i.-iv.  Duplicates  of  Nos.  667  i.-iv. 

668.  v.-vii.  Duplicates  of  Nos.  657  ii.-v.  [C.O.  28,  45. 
ff.  30-32t\,  33i;.,  34-35,  36,  36v.,  38,  40,  420.,  43, 
44,  45-46]. 

April  20.  669.  Governor  Montgomerie  to  the  Council  of  Trade  and 
New  York.  Plantations.  Abstract.  Encloses  duplicate  of  letter  of  Nov.  30. 
On  Dec.  12th  he  met  the  Assembly  of  New  Jersey,  which 
had  been  called  by  Governor  Burnet  in  Nov.  1727.  He 
soon  had  occasion  to  regret  that,  to  ease  the  Province  of  the 
expence  of  a  new  election,  he  had  not  dissolved  it  and  called  a 
new  one.  For  the  Quakers,  forming  more  than  half  the  House, 
were  so  elated  with  the  Act  passed  in  their  favour  the  former 
session,  that  they  were  quite  ungovernable,  having  their  heads 
filled  with  wild  unpracticable  schemes,  calculated  to  weaken 
or  set  aside  H.M.  prerogative,  and  to  bring  the  Government  to 
be  entirely  depending  upon  themselves.  After  consenting  to 

C.P.  xxx  vi- 2:1 


354  COLONIAL   PAPERS. 

1729. 

settle  the  revenue  for  five  years  as  a  bait  to  him,  they  made  the 
resolutions  to  be  found  in  their  Minutes.  When  he  found  no 
Address  to  the  King  was  offered,  the  Council  unanimously 
advised  him  to  dissolve  them.  Has  said  enough  to  convince 
the  Board  that  the  Quakers  do  not  deserve  H.M.  assent  to  the 
Act  passed  in  their  favour  and  the  Triennial  Act.  All  accounts, 
from  New  Jersey,  ever  since  the  government  was  surrendered 
to  the  Crown,  show  that  the  Quakers  there,  have  been  very 
insolent  and  troublesome  when  they  had  no  favour  to  ask,  but 
quiet  and  useful  to  the  Government,  when  they  had  anything 
depending.  The  Acts  allowing  their  affirmation  and  declaration 
were  always  formerly  limited  to  five  years,  but  that  in  1725 
was  extended  to  nine,  whereof  there  are  yet  five  to  run,  in  case 
the  Act  of  1727  is  disallowed,  in  which  the  form  of  their  affirma- 
tion and  declaration  is  quite  different  from  that  in  England, 
or  any  other  of  H.M.  Dominions  except  Pensylvania.  As  to  the 
Triennial  Act,  elections  are  a  great  expence  to  the  Province,  and 
former  Governours  have  found  it  the  work  of  several  years  to 
to  get  an  Assembly  that  had  no  other  views,  but  carrying  on 
the  Soveraign's  service,  and  advancing  the  true  interest  of  the 
Province.  New  York  will  insist  upon  a  similar  Act,  if  this  is 
not  rejected.  In  obedience  to  letter  of  20th  Nov.,  he  will  move 
the  next  Assembly  to  repeal  the  appropriating  clause  in  the 
paper  money  Act  etc.  Printed,  N.  J.  Archives,  1st  Ser.  V.  234. 
Signed,  J.  Montgomerie.  Endorsed,  Reed.  16th  June,  Read 
1st  July,  1729.  Holograph.  5  pp.  [C.O.  5,  972.  ff.  186- 
188i;.  ;  abstract,  185z>.] 

April  21.        670.     Duke    of   Newcastle    to    the    Council    of   Trade    and 
Whitehall.    Plantations.     Encloses   following   received   from   Col.    Dunbar 

for  their  report.     Signed,  Holies  Newcastle.     Endorsed,  Reed., 

Read  22nd  April,  1729.     f  p.     Enclosed, 

670.  i.  Thomas  Haley  to  David  Dunbar.  Boston.  6th 
March,  1729.  Reports  Jeremy  Dunbar's  proceedings 
in  N.  Hampshire,  who,  in  spite  of  severe  weather 
has  marked  580  fine  trees  there  and  as  many  in  Maine, 
and  is  intending  to  seize  50  trees  of  wh.  he  has  heard. 
Mr.  Dunbar  complains  of  difficulty  and  expense  of 
travelling  to  Casco  Bay  etc.  The  Agent  for  the  Con- 
tractor for  the  Navy  has  two  shiploads  of  masts 
ready,  as  fine  as  ever  were  seen.  Mr.  Dunbar  has 
been  at  great  pains  to  prevent  loggers  from  cutting 
the  white  pine  trees,  but  laments  the  want  of  power 
to  prevent  the  destruction  of  white  oak,  with  which 
the  country  abounds  and  is  esteemed  not  inferior  to 
any  in  Old  England,  yet  from  sense  of  the  consequence 
has  taken  upon  him  to  deter  the  people  from  cutting 
any  more,  as  coming  within  their  instructions  under  the 
denomination  of  Naval  Stores.  They  have  seized  in 


AMERICA   AND   WEST   INDIES.  355 

1729. 

the  Province  of  Maine  near  400  trees,  many  of  which 
lie  cut  into  four  or  five  lengths  called  logs,  which  wd. 
have  made  fine  masts.  They  have  information  of 
as  many  more  etc.  The  havoc  is  beyond  imagination 
that  has  been  made  in  the  woods  before  they  came, 
but  hopes  the  steps  they  have  taken  will  produce  the 
desired  effect. 

"  You  cannot  but  believe,  we  have  many  enemies, 
but  they  are  generally  amongst  that  set  who  hold  our 
authority  in  contempt,  as  they  would  the  sacred 
Majesty  from  whom  it  is  derived,  among  whom  none 
are  more  active  than  one  Plaisted,  and  the  famous 
Dr.  Cook  etc.  However  your  brother  has  proceeded 
in  his  duty  without  regard  to  those  incendiarys,  and 
only  waits  a  fit  opportunity  to  seize  their  logs  at  their 
own  mills  and  bring  them  to  tryall.  You  will  observe 
by  the  enclosed  H.E.'s  goodness  to  explain  his  sense 
of  our  extended  authority  in  the  Province  of  Maine 
etc.  Of  the  200  trees  condemned,  20  were  found  fit 
for  masts  ;  the  rest  were  put  up  for  sale,  but  there 
did  not  appear  one  bidder  etc.,  so  the  expense  of 
prosecution  will  fall  very  heavy  on  us."  Signed,  Thos. 
Haley.  Copy.  2|  pp. 

670.  ii.  Arthur  Slade  to  David  Dunbar.  Portsmouth.  28th 
Feb.,  1729.  The  woods  in  New  Hampshire  are  quite 
destroyed  owing  to  bribery  and  neglect  of  former 
Surveyors.  There  is  but  one  vein  left,  of  about  3,000 
trees,  fit  for  masts,  which  he  and  Mr.  Dunbar  will 
endeavour  to  preserve.  They  are  perpetually  in  the 
woods,  but  every  day  find  more  damage  done.  The 
people  have  now  turned  their  fury  upon  the  Province 
of  Maine.  Mr.  Dunbar  and  himself  saw  upwards  of 
5,000  logs  there,  a  great  many  of  wh.  wd.  have  made 
masts  for  H.M.  ships.  Some  they  seized,  but  deferred 
the  marking  of  the  rest  with  the  broad  arrow  for  H.M. 
use  till  the  cutters  had  brought  them  down  to  the 
mills.  Have  offered  rewards  for  discovery  of  offenders, 
but  without  effect,  "  the  people  in  the  Province  of 
Maine  seeming  resolved  to  destroy  H.M.  right  in  the 
woods,  they  dare  any  persons  that  shall  oppose  them. 
Gov.  Burnet  and  Lt.  Gov.  Wentworth  have  done  all 
in  their  power  to  assist  us  etc.,  but  the  act  needs  to  be 
amended."  Intend  to  go  to  Nova  Scotia,  but  a  small 
sloop  will  be  needed  to  survey  the  woods  etc.  Signed, 
Arthur  Slade.  2J  pp.  [C.O.  5,  870.  ff.  204,  205- 


April  22.        671  .     Thomas   Beake,    Agent  for  St.    Christophers,   to  the 
London.       Council    of   Trade    and    Plantations.     Prays  for   report   upon 


356 


COLONIAL   PAPERS. 


1729. 


April  22. 

Whitehall. 


April  22. 

St.  James's. 


April  25. 

St. 
Christophers. 


several  Acts  of  St.  Christophers  which  have  been  reported  upon 
by  H.M.  Counsel  learned  in  the  law  etc.  Signed,  Tho.  Beake. 
Endorsed,  Reed.,  Read  22nd  April,  1729.  1  p.  [C.O.  152,  17. 
ff.  49,  500.]. 

672.  Council  of  Trade  and  Plantations  to  Lt.  Gov.  Gordon. 
You  will  perceive  by  the  inclos'd    memorial    from  Mr.  Mayle 
(v.  No.  661.)  and  a  copy  of  a  letter  from  the  Commissioners  of 
H.M.  Customs,  the  state  of  his  case,  and  that  his  misfortune 
proceeds  from  his  not  having  been  inform'd  of  the  necessity  of 
registring  his  vessel  here,  before  he  left  this  Kingdom  ;  and  as 
this  omission  does  not  appear  to  us  to  have   been   done   with 
any  design  of  fraud,  we  recommend  him  to  you,  to  do  what 
you  legally  may  in  his  favour.     [C.O.  5,  1294.     p.  2]. 

673.  H.M.  Warrant  to  John  Rollos,  engraver,  for  engraving 
a  Seal  in  silver   "  for  Our  Province  of  Nova  Scotia  in  America, 
representing  on  one  side  the  countrey  of  Nova  Scotia,  and  a 
British  merchant  trading  with  an  Indian  for  furs,  and  also  a 
fishing  vessel,  boat  and  nett,  with  this  inscription  round  it, 
Sigillum  Provincise  Nostrse  Novae  Scotiae  in  America,"  and  in 
the  exergue  this  motto,  Terrae  Marisque  Opes  ;   and  on  the  other 
side  Our  royal  arms,  garter,  supporters  and  motto,  with   this 
inscription  round  it,   Georgius  Secundus,  Dei  Gratia,  Magnae 
Britanniae,  Francise  et  Hiberniae  Rex,  Fidei  Defensor,  Brunsvici 
et  Luneburgi  Dux,  sacri  Romani  Imperii  Archi-Thesaurius  et 
Elector."     Countersigned,    Holies    Newcastle.      [C.O.    324,    36. 
pp.  110,  111]. 

674.  Governor  the  Earl  of  Londonderry  to  the  Council  of 
Trade  and  Plantations.     I  do  myself  the  honour  to  transmit 
to  your  Lordships  the  several  acts  I  have  passed  at  Mountserrat, 
which  I  hope  will  meet  with  your  approbation.     The  first  I 
pass'd  is  an  Act,  settling  on  me  £600  pr.  annum,  payable  to  me 
in  the  species  of  gold  and  silver,  during  my  stay  in  my  Govern- 
ment, issuing  from  a  tax  on  house  rent  in  the  town  of  Plymouth, 
and  upon  all  windmills,  water-mills  and    cattle-mills  in  that 
Island,  and  by  the  appropriation  of  an  ancient  tax  on  wines 
and  other  liquors,  and  licences  for  sale  thereof,  payable  by  a 
perpetual  act  of  that  island.     As  this  settlement  on  me  is  made 
so  strictly  conformable  to  H.M.  Instructions,  I  will  not  mis- 
employ your  Lordships'  time  with  any  arguments  to  induce 
your  Lordships  to  report  to  H.M.  in  favour  of  it,  because  I 
flatter  myself  it  will  be  done  of  course,  and  I  shall  be  very  much 
obliged  to  your  Lordships,  if  you'l  be  pleased  to  give  it  dispatch. 
I   found  the   island   of  Mountserrat   almost   destitute   of  any 
regular  forms  and  methods  for  the  due  administring  of  justice, 
not  having  any  act  for  holding  Courts  of  King's  Bench  and 
Common  Pleas  for  the  recovery  of  debts,  nor  any  docket  of 


AMERICA   AND   WEST   INDIES.  357 

1729. 

fees  fixed  for  the  officers  to  take,  so  that  the  people  laboured 
under  these  greivances,  which  I  thought  myself  obliged  im- 
mediately to  redress,  for  this  purpose  I  pass'd  the  inclosed 
act  for  establishing  a  Court  of  King's  Bench  and  Common 
Pleas,  and  a  Court  of  Errors,  and  for  imposing  certain  fines 
on  the  Officers  who  shou'd  take  other  fees  than  those  settled 
by  dockett,  by  and  with  the  advice  of  the  Council.  The  Act 
is  long,  and  therefore  I  referr  your  Lordships  to  it,  and  beleive 
when  your  Lordships  have  perused  it,  you  will  be  of  an  opinion, 
that  it  wijl  greatly  conduce  to  the  welfare  of  the  people  of 
Mountserrat,  as  well  as  to  such  of  the  British  subjects,  who  trade 
or  have  concerns  wth.  that  Island.  The  other  Acts  are,  vizt., 
one  to  enable  labourers  or  artificers  to  recover  their  debts,  not 
exceeding  six  pounds,  in  a  summary  way,  before  Justices  of 
the  Peace  to  save  them  the  trouble  and  expence  of  a  lawsuit, 
and  the  other  is  an  act  of  settlement  and  limitations  for  avoidi'ng 
suits  at  law  which  the  preamble  sets  forth  how  requisite  it  is 
for  that  island  to  have,  most  of  the  inhabitants  whereof  having 
been  plundered  of  their  deeds  and  writings,  when  they  were 
invaded  by  the  French  under  the  command  of  Monsr.  Cassart 
etc.  Will  soon  send  Minutes  of  Councils  and  Assemblies  to 
1st  Jan.  last.  Signed,  Londonderry.  Endorsed,  Reed.  18th, 
Read  20th  June,  1729.  If  pp.  [C.O.  152,  17.  ff.  71,  7Iv., 
72v.]. 

April  25.  675.  Memorandum  of  duties  upon  naval  stores  etc.  En- 
dorsed, Reed,  (from  Mr.  Oxenford),  Read  25th  April,  1729. 
}  p.  [C.O.  323,  9.  ff.  7,  100.]. 

April  29.  676.  Capt.  Woodes  Rogers  to  Mr.  Delafaye.  Requests 
that  H.M.  pleasure,  that  the  garrison  at  Bermuda  may  be  moved 
to  the  Bahamas,  may  be  signified  to  the  Secretary  at  War,  so 
that  the  ship  in  which  he  is  about  to  sail  may  take  them  on  board. 
Signed,  Woodes  Rogers.  2  pp.  [C.O.  23,  14.  ff.  109,  109w.]. 

April  30.  677.  Lt.  Governor  Pitt  to  the  Council  of  Trade  and  Planta- 
Bermuda.  tions.  Since  the  alterations  I  found  so  necessary  to  make  (v. 
C.S.P.,  Nov.  11, 1728),  this  island  is  in  great  tranquility  with  the 
same  but  poverty  so  universally  abounds  that  the  common  levies 
for  the  necessary  support  of  the  Government  cannot  be  raised, 
chiefly  occasioned  by  the  daily  seizures  that  the  Spaniards  make 
on  the  trading  vessels  of  this  country,  particularly  two  were 
taken  in  January  last  by  those  rovers  who  have  commissions 
as  privateers,  one  of  which  vessels  was  90  tuns  with  9  port  holes 
on  each  side  which  they  boasted  would  be  fitted  out  and  manned 
for  a  privateer ;  our  vessells  that  are  well  built  and  of  any  bulk 
are  no  sooner  taken  but  armed  and  fitted  out  agst.  us,  and  our 
smaller  craft  burnt  before  our  faces  (as  one  of  these  last  taken 
was)  ruining  both  owners  and  freighters,  etc.  I  am  inform'd 


358 


COLONIAL    PAPERS. 


1729. 


April  30. 

Bermuda. 


these  rovers  have  lately  cut  out  and  carried  away  severall 
vessells  (and  amongst  them  one  of  our  sloops)  riding  at  an  anchor 
in  Nevis  road  and  carried  them  to  St.  Domingo  (a  never-failing 
port  of  condemnation).  This  my  Lords  being  an  oppression 
so  destructive  to  the  small  trade  of  this  island,  and  likely  to 
be  continued  by  those  abandon'd  rovers,  obliges  me  to  recomend 
to  your  Lordships'  consideration  the  state  of  this  poor  Colony, 
upon  the  welfare  whereof  depends  the  safeguard  and  protection 
of  Great  Britain's  West  India  trade  and  great  part  of  that 
of  the  main  Continent  of  America.  I  have  enclosed  severall 
copies  of  the  proceedings  of  the  Council  and  Assembly  as  also 
copies  of  all  the  Acts  passed  before  my  arrival  here,  which  had 
not  been  before  transmitted  etc.,  enumerated.  Continues : 
Altho'  the  Assembly  have  been  lately  sitting,  they  have  done 
nothing  material,  or  I  should  have  laid  it  before  your  Lord- 
ships ;  The  Castle  and  forts  are  very  near  repaired  and  had 
been  finished  had  not  the  supplys  been  very  difficult  to  collect, 
by  the  extream  want  and  poverty  of  the  people  ;  there  is  also 
a  supply  of  guns  and  ammunition  absolutely  necessary  in  place 
of  the  defective  ones  and  to  furnish  the  magazine  which  is 
almost  empty.  I  found  here  upon  viewing  the  forts  three  very 
fine  brass  guns,  one  a  24  pounder  9  foot  10  inches  long,  one  a 
16  pounder  9  ft.  and  2  in.  and  one  6  ft.  and  2  in.  long,  taken  out 
of  the  Spanish  Flottilla  that  was  lost  on  these  rocks  an  hundred 
years  agone,  two  of  which  I  have  ship't  by  this  opportunity 
(with  the  consent  of  the  Council  here)  to  be  delivered  for  H.M. 
use  at  the  Tower,  and  which  I  hope  will  be  acceptable.  The 
great  necessity  this  Island  is  in  of  a  new  supply  of  ammunition 
and  stores  for  the  fortifications  obliges  me  once  more  to  re- 
comend it  to  yor.  Lordships'  consideration  etc.  Signed, 
John  Pitt.  Endorsed,  Reed.  23rd  June,  Read  15th  July,  1729. 
2  pp.  [C.O.  37,  12.  ff.  35,  35v.,  38v.] 

678.  Lt.  Governor  Pitt  to  Mr,  Delafaye.  The  friendly 
regard  you  were  pleased  to  have  to  H.M.  honouring  me  with 
this  Government,  emboldens  me  to  rely  on  your  goodness  in 
promoting  the  interest  thereof,  and  as  I  am  necessarily  obliged 
to  represent  to  his  Grace  the  Duke  of  Newcastle  and  to  the  Lords 
of  Trade  and  Plantations  the  many  hardships  the  inhabitants 
labour  under  beg  you'l  omit  no  opportunity  of  putting  his 
Grace  in  mind  of  some  methods  of  releif  etc.  Continues  as 
preceding.  Hopes  the  Duke  of  Newcastle  and  Council  of  Trade 
will  take  into  their  consideration  the  calamities  that  the 
inhabitants  groan  under,  "  by  meeting  wth.  misfortunes  so 
destructive  to  their  small  commerce  without  which  we  cannot  by 
any  means  be  supported,  and  in  regard  that  the  safeguard 
and  protection  of  Great  Britain's  West  India  trade  as  well  as 
great  part  of  that  of  the  American  Continent,  depends  upon 
the  wellfare  of  this  Colony,  I  doubt  not  but  that  His  Grace 


AMERICA  AND   WEST   INDIES. 


359 


1729. 


April  30. 

Bermuda. 


April  30. 

Whitehall. 


(together  with  their  Lordships)  will  think  of  some  measures  to 
suppress  the  violence  of  these  abandon'd  rovers  (or  rather 
pirates)  and  which  I  hope  you'l  be  so  good  as  to  remind  his 
Grace  of  as  often  as  you  have  an  opportunity."  Concludes  as 
preceding.  Signed,  John  Pitt.  Endorsed,  Reed.  June  20th. 
21  pp.  [C.O.  37,  29.  No.  3.] 

679.  Same  to  the  Duke  of  Newcastle.     To  same  effect  as 
letter    to    Council    of   Trade.     Signed,    John    Pitt.     Endorsed, 
Reed.  29th  June.     Copy  sent  to  Lord  Townshend.    Holograph, 
l^pp.     [C.O.  37,  29.     No.  4.] 

680.  Order  of  Committee  of  Privy  Council.     Referring  back 
to  the  Council  of  Trade  and  Plantations  their  reports  of  March 
4th  and  25th  upon  acts  of  Antigua  and  Nevis,  together  with  en- 
closed  petition.     After  hearing  the  merchants   thereupon   by 
their  Counsell,  they  are  to  make  their  further  report  thereon, 
and  state  what  the  severall  sums  given  by  the  said  acts  to  Lord 
Londonderry    will    amount    to    annually    in    sterling    money. 
Signed,   Ja.   Vernon.     Endorsed,    Reed.   3rd,    Read   21st   May, 
1729.     2  pp.     Enclosed, 

680.  i.  Copy  of  No.  616. 

680.  ii.  Copy  of  No.  636. 

680.  iii.  Petition  of  merchants  of  London  on  behalf  of  them- 
selves and  others  trading  to  Nevis  and  Antigua  to  the 
Lords  of  the  Committee  of  H.M.  Privy  Council. 
Petitioners  apprehend  that  the  sums  given  to  the 
Governor  in  addition  to  his  salary,  by  the  Acts  of 
Nevis  and  Antigua,  referred  to  4ith  and  25th  March, 
are  to  arise  chiefly  from  dutys  lay'd  on  the  shipping, 
navigation  and  trade  of  Great  Britain,  contrary  to 
H.M.  Instructions  to  his  Governor  and  express  orders 
and  determinations  made  by  H.M.  royall  predecessors 
in  Councill,  as  it  lays  a  duty  on  the  British  merchants 
to  support  the  expences  of  the  Governor,  and  is  pre- 
judiciall  to  the  Trade  and  Navigation  of  Great  Britain, 
all  attempts  of  which  kind  have  been  constantly  dis- 
countenanced and  discouraged  etc.  The  dutys  laid 
by  the  same  acts,  and  the  methods  of  collecting  the 
same  are  unreasonable  in  themselves  and  greatly 
prejudicial  to  petitioners  and  the  trade  to  Antigua 
and  Nevis,  highly  injurious  to  the  interest  of  the  said 
islands,  and  in  the  consequences  of  them,  destructive, 
not  only  to  the  trade  of  these  islands,  but  to  the  trade 
and  navigation  of  these  Kingdoms.  Pray  to  be 
heard  by  their  Counsell  before  their  Lordships  report 
thereon  etc.  Signed,  R.  Harris  and  20  others.  2|  pp. 
[C.O.  152,  17.  ff.  55-59,  62i;.] 


360 


COLONIAL   PAPERS. 


1729. 

April  30. 

Whitehall. 


April  [     ]. 

Whitehall. 


May  1. 


681.  Order  of  Committee  of  Privy  Council.     As  the  Com- 
mission (v.  19th  April)  proposed  to  be  given  to  the  Lord  Vere 
Beauclerk  would  vacate  his  seat  in  Parliament,  refer  back  to 
the  Council  of  Trade  and  Plantations  their  report.     They  are 
to  consider  whether  the  said  Commission  may  not  be  equally 
carried  on  by  Instructions  to  him  for  putting  in  execution  all  the 
powers  given  to  Commadores  by  the  Act  of  10  and  11  Wm.  Ill, 
and  a  Commission  to  a  person  skilled  in  the  laws,  to  accompany 
him,  for  appointing  Justices  of  the  Peace  and  establishing  some 
form  of  a  civil  Government  among  the  people  who  have  settled 
themselves  in  that  Island,  that  they  may  not  be  left  in  a  state 
of  anarchy  upon  the  departure  of  H.M.   ships  of  war.     The 
Board  to  consider  the  proper  forms  of  such  Commission  and 
Instructions,  and  likewise  whether  it  will  not  be  advisable  to 
seperate  the  Government  of  Placentia  from  that  of  Nova  Scotia, 
and  whether  the  continuing  a  garrison  of  one  single  company  can 
be  necessary  for  securing  possession  of  Newfoundland  etc.  ;  and, 
if  so,  whether  it  should  not  be  made  an  Independant  Company 
etc.     Set    out,    A.P.C.    III.     pp.    219,  220.    q.v.     Signed,    Ja. 
Vernon.     Endorsed,   Reed.   3rd,   Read  6th  May,   1729.     2  pp. 
[C.O.  194,  8.    ff.  196,  196*;.,  201u.]. 

682.  Draft  of  letter  from  the  Duke  of  Newcastle  to  Governor 
Lord  Londonderry.     Has  laid  letters  of  18th  and  30th  Sept. 
and  Jan.  30th  before  H.M.,  "  who  very  much  approves  your 
conduct  in  visiting  the  several  islands,  and  particularly  Antegoa, 
in  order  to  make  a  strict  enquiry  into  the  conspiracy  of  the 
negroes  "  etc.     Defers  saying  anything  further  upon  that  matter, 
until  he  receives  a  more  distinct  account.     Continues  : — The 
King  having  very  much  at  heart  the  protection  of  the  trade  of 
his  subjects,  and  finding  it  necessary  for  that  purpose  to  make 
sufficient  provision  for  the   security  of    the  Bahama  Islands 
by  an  additional  number  of  forces  there,  has  thought  fit  that 
two  companies  of  the  Regiment  now  quarter'd  in  the  Leeward 
Islands,  should  be  transported  from  thence  to  New  Providence, 
or  some  other  of  the  Bahama  Islands ;    and  it  is  H.M.  pleasure 
that  your  Lordship  should  accordingly  detach  the  said  two 
companys  from  the  places  where  they  can  best  be  spared,  of 
wch.  your  Lordp.  is  the  most  proper  judge,  and  for  the  effecting 
this  service  you  will  receive  the  proper  orders  from  the  Secretary 
at  War.     The  Acts  of  Nevis  and  St.  Christophers  for  settling 
an  additional  salary  on  you  are  at  present  under  the  considera- 
tion of  the  Lords  Commissioners  of  Trade  etc.      He  will  use  his 
best   endeavours   to   obtain   H.M.   approbation   of  them.     No 
signature.     2%  pp.     [C.O.  152,  43.    ff.  45-46]. 

683.  Daniel  Hintze  to  Mr.  Popple.     Encloses  following  to 
be  laid  before  the  Board.     Signed,  Daniel  Hintze.     Endorsed, 
Reed.  2nd,  Read  6th  May,  1729.      |  p.     Enclosed, 


AMERICA   AND   WEST   INDIES.  361 

1729. 

683.  i.  Humble  proposal  of  Daniel  Hintze  to  the  Council  of 
Trade  and  Plantations.  Proposes  to  procure  from  the 
Palatinate  3,  4  or  500  Protestant  families,  well  skilled 
in  cultivating  lands,  and  handicraftmen,  "  who  to 
avoid  the  persecution  they  now  groan  under  will  be 
willing  to  transport  themselves  at  their  own  expence 
to  any  country  having  a  fertile  soil  that  H.M.  shall  be 
graciously  pleased  to  appoint  them  between  ye  Rivers 
Kennebeck  and  St.  Croix."  For  any  other  province 
less  fertile  can  procure  100  families  etc.  at  the  public 
expense.  Estimates  expense  of  sending  100  Palatine 
families  to  America,  each  family  averaging  4  persons 
at  £4  per  head,  =  £1600.  For  his  own  expense  20s. 
per  day  for  4  months  for  himself  and  each  of  two 
Palatines,  who  will  help  him  in  this  affair,  to  bring 
the  said  families  to  the  waterside  in  England  etc. 
l%pp.  [C.O.  5,  870.  ff.  212,  213,  218i;.,  215i>.]. 

May  1.  684.  Governor  Lord  Londonderry  to  the  Duke  of  Newcastle. 
st.  Begins  with  duplicate  of  April  15.  Continues  :  —  I  am  now  to 
Christophers.  troubje  your  Grace  with  Mr.  John  Lyndesay,  the  late  Governour 
of  St.  Eustatius's  escapeing  to  this  island,  and  with  Mr.  Everard 
Roecx,  the  present  Governour's  applying  to  me  to  have  him 
secured  if  possible,  and  to  deliver  him  up.  St.  Eustatius  is  a 
very  small  island  under  the  Dutch,  about  three  leagues  to  lee- 
ward of  this,  it  is  a  place  of  some  trade  (tho'  much  dwindled) 
carried  on  by  a  company  of  merchants.  The  Governour's 
profitts  proceed  from  the  commission  he  draws  from  the  sales  of 
the  negro's  and  goods  consign'd  to  him  by  them,  and  'tis  said, 
and  I  beleive  very  truely,  that  Mr.  Lindesay  by  giveing  too  great 
a  credit  to  the  French  at  Martinico  has  caused  great  losses  to 
the  Company,  for  which  reason  they  sent  out  a  new  Governour 
with  orders  to  secure  the  old  one,  and  to  call  him  to  an  account 
etc.  They  have  seized  all  his  effects  etc.  This  Gentleman, 
whilst  he  was  Governour,  lived  always  very  freindly  with  the 
inhabitants  of  this  island  etc.  He  had  been  confined  an  year 
or  more,  before  he  made  his  escape  here,  and  at  present  as  I 
think  it  would  be  very  improper  in  me  to  either  secure,  or 
deliver  up,  without  particular  directions,  for  if  I  mistake  not, 
'tis  what  is  seldom  ask't,  or  at  least  seldome  comply'd  with  in 
cases  of  debt,  especially  when  persons  of  this  island  under  the 
same  circumstances  (I  mean  debt)  have  always  had  protection 
given  them  there,  so  I  shall  wait  your  Grace's  commands  etc. 
Signed,  Londonderry.  Endorsed,  Rd.  June  16th.  Copy  sent 
to  Lord  Townshend,  June  10th,  1729.  Holograph.  4  pp. 
[C.O.  152,  43.  ff.  43-44i;.]. 


May  1  ^^'     Same  to  *he  Council  of  Trade  and  Plantations.    Encloses 

st.          4  acts,  which  with  3  others   transmitted  some  time  since,  are 

Christophers.  aii  that  have  passed  since  his  arrival  here.     Their  titles  suffi- 


362 


COLONIAL   PAPERS. 


1729. 


May  2. 

Admty. 
Office. 


May  2. 

Whitehall. 


May  3. 

Boston. 


May  3. 


ciently  explain  them  etc.  They  are  calculated  for  many  good 
and  useful  purposes,  containing  nothing  of  any  unusual  or 
extraordinary  nature  ;  but  greatly  tending  to  the  general 
service  of  this  island  etc.  Hopes  shortly  to  hear  of  their  having 
received  the  Royal  assent.  Is  endeavouring  as  fast  as  he  can 
to  get  the  Minutes  of  the  Councils  and  Assemblies  to  1st  Jan.  etc. 
Concludes  with  case  of  Mr.  Lindesay  as  in  preceding.  Signed, 
Londonderry.  Endorsed,  Reed.  18th,  Read  20th  June,  1729. 
[C.O.  152,  17.  ff.  73,  73i;.,  74w.] 


686.  Mr.  Burchett  to  Mr.  Popple.     H.M.S.  Oxford,  under 
the  command  of  Lord  Vere  Beauclerk,    and    Squirrel,    Capt. 
Osborn,  design'd  for  Newfoundland,  and  the  Rose,  Capt.  Weller, 
design'd  for  Canseaux,   being  in  a  readiness  to   sail  thither, 
asks  for   Heads   of  Enquiry   as   usual.     Signed,    J.    Burchett. 
Endorsed,  Reed.  3rd,  Read  6th  May,  1729.     Addressed,     f  p. 
[C.O.  194,  8.    ff.  194,  195u.] 

687.  Mr.   Popple   to  Mr.   Burchett.     Requests  that  Lord 
Vere  Beauclerk's  answers  to  Heads  of  Enquiry  may  be  trans- 
mitted to  this  Office  etc.     [C.O.  195,  7.    pp.  175,  176.] 

688.  Mr.  Willard  to  Mr.  Popple.     Sends  Minutes  of  Council 
and  of  Assembly,  for  the  last  half  year,  and  acts  then  passed. 
Signed,  Josiah  Millard.     Endorsed,  Reed.  17th  June,  Read  15th 
July,  1729.     f  p.     [C.O.  5,  870.    ff.  255,  256*;.] 

689.  Governor  Hunter  to  the  Council  of  Trade  and  Plan- 
tations.    On  the  fifth  of  April  I  reced.  H.M.  commands  by  His 
Grace  the  Duke  of  Newcastle  to  put  this  island  in  a  posture  of 
defence  against  a  Spanish  invasion,  sayd  to  be  design'd  on  the 
north  side,  where  we  are  weakest  ;    the  enclosed  copies  of  the 
Minutes  of  Council  and  Council  of  Warr  etc.,  will  let    your 
Lordshipps  into  what  has  been  done  and  what  we  are  doing. 
Haveing  provided  for  the  defence  of  this  side  as  well  as  I  could 
in  the  time,  made  a  disposition  for  the  march  of  our  force  to 
the  place  of  alarm,  and  left  instructions  with  the  Council  for 
their  conduct  dureing  my  stay  on  the  north  side  ;    I  imbarke 
in  the  Plymouth  to-morrow  in  the  evening  for  Port  Antonio 
and  Edward's  Fort,  the  rendezvous  of  our  detachments,  the 
greater  part  of  which  is  already  arrived  there,  and  the  rest  on 
their  march.     I  have  done  a  great  deal  in  a  little  time  and  a  little 
more  will  put  us  in  a  better  condition,  etc.     Signed,  Ro.  Hunter. 
Endorsed,    Reed.    14th   June,    Read    1st   July,    1729.     1|  pp. 
Enclosed, 

689.  i.  Minutes  of  Council  of  Warr,  St.  Jago  de  la  Vega, 
7th,  8th,  29th  April,  1729.  Endorsed,  Reed.  14th 
June,  1729.  Copy.  8  pp. 


AMERICA  AND   WEST  INDIES. 


363 


1729. 


May  3. 

Jamaica. 


May  4. 

N. 
Providence. 


689.  ii.  Governor    Hunter's    Instructions    to    the    Council, 

during  his  stay  on  the  North  side  of  the  Island,  3rd 
May,  1729.  Endorsed  as  preceding.  Copy.  2f  pp. 
[C.O.  137,  18.  ff.  23,  23v.,  24u.-28i;.,  29i;.-31u.  ;  and 
(duplicate  of  end.  ii)  137,  47.  No.  8.] 

690.  Governor  Hunter  to  the  Duke  of  Newcastle.     Repeats 
part  of  preceding  letter,  adding  : — I  dispatcht  an  express  to  M. 
St.  Lo  who  was  then  at  our  Bath  about  fifty  miles  from  hence, 
but  he  was  then  in  a  very  weak  state.     He  order'd  however 
two  ships  to  cruize  to  the  windward  for  advice,  and  after  that 
two  more,  the  one  to  carry  some  provisions  for  our  men  detach't 
to  the  North  side,  and  then  to  look  into  St.  lago  de  Cuba,  the 
other  to  cruize  between  Cape  Maize  and  Cape  Nicola.     He  dyed 
on  the  22nd  of  April.     I  have  perfected  the  Hannover  line,  our 
chief  defence  on  this  side,  and  I  have  mounted  twenty-two 
thirty-six  pounder  guns  upon  it.      I  have  rebuilt  the  Rock  Fort, 
cut  and  made  roads  of  communication  between  the  places  on 
this  side,  and  have  great  numbers  of  slaves  at  work  in  clearing 
three  several  passages  through  the  mountains  for  a  communi- 
cation between  the  two  sides  of  the  island.     I  have  form'd 
the  trusty  slaves  into  small  bodies  to  be  commanded  by  some 
reform'd  officers,  and  have  order'd  a  thousand  lances  to  be 
made  for  arming  more,  who  cannot  be  provided  with  fire-arms, 
and  have  all  hands  at  work  making  and  mending  carriages  for 
guns.     And  having  given  orders  to  the  Commissaries  in  the 
several  towns  to  secure  for  the  publick  service  all  arms  not  in 
use,  provisions  and  utensils  for  work,  posted  horsemen  in  all 
the  several  stages  for  the  speedy  dispatch  of  orders  and  advice, 
and  left  with  the  Council  Instructions  for  their  conduct  during 
my  stay  on  the  North  side,   I    embarke    to-morrow    etc.    as 
preceding.     Signed,  Ro.  Hunter.     Endorsed,  R.  June  14.     2|  pp. 
Enclosed, 

690.  i.-ii.  Duplicates  of  i,  ii  preceding. 

690.  iii.  Minutes  of  Council  of  Jamaica,  March  4 — April  26, 
1729.     [C.O.  137,  53.    ff.  142-159i;.] 


of    Newcastle. 
Endorsed,  R. 


691.     Governor    Phenney     to     the     Duke 
Encloses  following   etc.      Signed,  G.   Phenney. 
12th  July.    1  p.     Enclosed, 

691.  i,  ii.  List  of  ships  entered  and  cleared  at  New  Providence, 
26th  Dec.,  1728— 25th  March,  1729.  Outwards  10 
(mostly  fruit  and  turtles)  for  S.  Carolina  (4),  Jamaica 
(5),  Barbados  (1) ;  Inwards  14  (mostly  with  wine  and 
European  goods)  from  S.  Carolina  (5),  Jamaica  (4), 
Barbados  (1),  Antigua  (2),  Havana  (1),  Hispaniola  (1). 
Signed,  John  Warner,  Naval  Officer.  4  pp. 
691.  iii.  Minutes  of  Council  of  the  Bahamas  Islands.  New 
Providence,  25th  Aug.,  1729— 15th  June,  1730.  26  pp. 
[C.O.  23,  14.  ff.  Ill,  112i>.-114,  U5v.,  116,  118-130*;.] 


364 


COLONIAL   PAPERS. 


1729. 
May  4. 

N. 
Providence. 


Mav  5. 


May  6. 

London. 


692.  Same    to    the    Council    of    Trade    and    Plantations. 
Encloses  last  quarter's  list  of  shipping  etc.     Signed,  G.  Phenney. 
Endorsed,  Reed.  21st  July,  1729,  Read  22nd  April,  1730.     1  p. 
[C.O.  23,  2.    ff.  208,  209u.]. 

693.  Governor    Philipps    to    Mr.    Stanyan.     Acknowledges 
letter  with  answer  from  the  Admiralty  rejecting  his  request 
(v.  April  2)  "  upon  the  supposition  of  my  takeing  up  a  great 
deal  of  room,  whereas  my  whole  family  will  consist  of  myselfe 
only  and  a  couple  of  servants  "  etc.     Prays  that  his  request 
may  be  seconded  from  the  office,  the  merchant  ships  going  late 
to  Newfoundland,  "  and   my   longer  stay  will  but  increase  the 
King's  displeasure "  etc.     Signed,  R.   Philipps.      2  pp.     [C.O. 
217,  38.     No.  23.]. 

694.  Col.  Dunbar  and  Mr.  Coram  to  the  Council  of  Trade  and 
Plantations.    We  have  considered  several  reports  made  by  your 
Lordships  upon  proposals  for  makeing  settlements  upon  Nova 
Scotia  etc.  and  are  humbly  of  opinion,  that  Nova  Scotia  still 
remaining  under  a  military  Government  no  good  or  profitable 
subjects  can  be  prevailed  on  to  settle,  before  a  civil  Government 
be  erected  there  etc.     As  Nova  Scotia  and  the  other  large  tract 
of  Crown  lands  adjoining  it,  nowr  laying  wast  and  unpeopled 
between  that  and  the  Massachusetts,  are  together  450  miles 
in  length,  we  humbly  conceive  it  absolutely  necessary  for  the 
service  of  the  King  and  the  future  security  and  advantage  of 
H.M.   northern  Plantations,   that  the  said  tract  between  the 
Rivers  Sagadahock,  alias  Kenebeck,  and  St.  Croix,  be  erected 
into  a  royal  province  under  H.M.  civil  government  (not  military 
charter  nor  proprietary  Government)  with  all  proper  powers 
and   instructions,    separate   and   distinct   from   that   of  Nova 
Scotia  or  New  England,  it  being  too  great  a  distance  from  both 
for  any  protection  or  assistance  from  them  etc.     Propose  that 
a  suitable  portion  of  land  be  laid  out  to  each  settler  without 
fee,  every  settler  to  pay  a  quit  rent  etc.     As  the  expense  of 
sending  a  number  of  familys  from  England  and  subsisting  them 
for  a  year,  will  be  inconsiderable  in  proportion  to  the  advantages 
the  Crown  will  reap  by  such  settlement,  and  would  also  save 
the  greater  expence  for  maintaining  a  military  force  there,  we 
hope  your  Lordships  will  duely  consider  it.     Conclude :    We 
do  not  finde  by  any  of  the  reports  made  by  your  Lordships 
upon  the  proposals  laid  before  you  etc.,  that  there  was  intended 
any  greater  reserve  or  advantage  to  the  Crowne  than  14  Ib. 
weight  of  water-rotted  hemp  pr.  annum   for  every  100  acres, 
to  commence  at  the  end  of  the  fourth  year,  to  be  doubled  the 
twelveth  year,  and  trebled  the  twentyeth,  and  so  to  continue 
for  ever  at  42  Ibs.  of  water-rotted  hemp,  which  at  the  highest 
cannot  be  computed  at  more  than  one  penny  sterling  pr.  annum 
per  acre.     Whatever  your  Lordships  may  judge  sufficient  and 


AMERICA   AND   WEST   INDIES. 


365 


May  6. 


1729. 

reasonable  to  be  reserved  to  the  Crowne  as  a  quit  rent,  we  are 
humbly  of  opinion  should  be  received  there  in  good  merchantable 
hemp  fitte  for  the  use  of  H.M.  Navy  ;  particularly  for  to  en- 
courage the  raising,  well  ordering  and  cureing  that  commodity 
there,  after  the  best  manner,  for  an  ample  supply  thereof  in 
due  time  from  thence  for  the  use  of  H.M.  Navy  and  Kingdoms. 
Signed,  David  Dunbar,  Thomas  Coram.  Endorsed,  Reed. 
Read  6th  May,  1729.  3  pp.  [C.O.  217,  5  ff.  106-107*;]. 

695.  Col.  Dunbar  to  the  Council  of  Trade  and  Plantations. 
As  the  distressed  people  who  have  applyed  by  your  memorialist 
for  liberty  to  settle  on  the  east  side  of  Kennebeck    river  etc., 
impatiently   wait  an  answer,  that  they  may  before  the  season 
of  the  year  is  too  farr  spent,  either  remove  elsewhere,  or  make 
some  shelter  and  provision  for  themselves  before  the  winter, 
prays  for  dispatch  of  their  report,  that  he  may  repair  to  America 
etc.     Repeats  assurance  that  the  new  settlement  shall  be  made 
without  any  expence  to  H.M.  except  a  few  guns,  ammunition 
and  colours  for  a  fort  etc.      Continues  : — As  your  Lordships 
seemed  of  opinion  to  recommend  the  erecting  that  tract  of 
land    into    a    separate    Government   etc.,  offers  to    execute   it 
without  a  sallary  until  H.M.  shall  think  him  deserveing  it,  and 
the  quit-rents,  or  dutys  there,  afford  it.     As  to  the  Palatine 
familyes  who  are  willing  to  transport  themselves,  Mr.  Hintz 
who  proposes  the  chooseing  the  better  sort  of  them,  and  con- 
ducting them  to  the  country  is  obliged  to  send  into  Ireland 
for  two  men  of  the  Palatines  there,  to  come  to  London  and  to 
go  with  him  as  assistants,  and  as  the  season  is  far  advanced, 
your  Memorialist  hopes  Mr.  Hintz  may  have  immediate  orders 
what  he  is  to  doe.     If  a  separate  Governmt.  is  made  and  the 
said  tract  of  land  be  erected  into  a  new  and  distinct  Province, 
it  may  be  named  New  Hanover  etc.      Proposes  that  6  or  8  of 
the  new  inhabitants  may  be  sworn  of  the  Council  and  made 
Justices  for  one  year,  in  which  time  their  Lordships  will    be 
fully  informed  of  the  progress  and  state  of  the  settlement  and 
then  give  further  instructions.     Signed,  David  Dunbar.     En- 
dorsed,   Reed.,    Read    6th   May,    1729.     2  pp.     [C.O.    217,    5. 

ff.  108,  108*;.,  1090.] 

696.  Mr.  Popple  to  Mr.  Fane.     You  will  see  by  the  enclosed 
Minute  of  Council  of  the  Bahamas  a  state  of  the  dispute  between 
the  deputies  of  Messieurs  Byng  and  Jobber,  and  the  Agent  of 
the    Lessees,     (v.    23rd    Nov.,    1728    etc.)      Encloses   Bahamas 
Charter  and  the  Proprietors'  Surrender,  for  his  opinion  in  point 
of  law   whether  the   rights   of  Admiralty   are   comprehended 
within  the  said  Surrender.     [C.O.  24,  1.     p.  123]. 

[7th  May].       697.     Commodore    Lord    Vere    Beauclerk    to    Mr.    Popple. 
Pali  Mail,     Encloses  following,   "  wch.  I  sent  in  Oct.  last  to    my    Lords 
Commrs.  of  the  Admiralty.     In  two  or  three  days  I  shall  have 


May  6. 

Whitehall. 


3  a  clock. 


366  COLONIAL   PAPERS. 

1729. 

from   Portsmouth   the   account   of  last   year's   Fishery "    etc. 

Signed,  Vere  Beauclerk.     Endorsed,  Reed.  7th,  Read  8th  May, 

1729.     1  p.     Enclosed, 

697.  i.  Commodore  Lord  V.  Beauclerk's  Answer  to  the 
Heads  of  Enquiry  etc.  The  Admirals  of  the  several 
harbours  never  give  themselves  the  trouble,  or  think 
themselves  oblig'd  to  see  the  laws  observ'd,  and  only 
regard  the  Act  themselves  so  far  as  it  suits  with  their 
interest  and  conveniency,  and  instead  of  hindring 
other  ships  flinging  out  their  stone  ballast  in  the  har- 
bours, very  frequently  are  themselves  the  first 
aggressors,  which  has  been  so  constantly  practis'd 
in  the  remote  parts  to  the  Northward,  that  most  of 
them  I  am  inform'd  are  now  intirely  spoil'd,  and 
hardly  possible  for  ships  to  anchor  in  them  with  any 
safety,  particularly  Carbonier  and  Bonavista.  I  have 
never  heard  that  the  Admirals  keep  or  transmitt  to 
Great  Brittain  any  journals  or  accounts  of  the  number 
of  fishing  ships,  boats  or  persons  employ'd  in  the 
Fishery  as  the  Law  directs,  nor  is  any  regard  had  to 
the  bringing  the  number  of  fresh  men  prescrib'd  by 
the  Law,  excepting  only  such  as  endeavour  to  be 
Admirals,  the  others  being  a  few  Irish  men  who  are 
generally  Roman  Catholicks  and  remain  here,  that 
the  number  is  already  very  great  and  may  in  time  be 
of  ill  consequence.  The  Admirals  never  think  of 
demanding  their  certificates  from  the  Custom  house 
or  of  obliging  them  to  carry  back  the  same  number 
they  brought  out  with  them,  so  that  many  servants 
and  green  men  are  yearly  left  here  destitute,  not  having 
wherewithal  to  defray  their  passages  home  them- 
selves or  purchase  provisions  to  keep  them  during  the 
winter,  but  are  obliged  to  accept  of  the  offers  made 
them  by  the  New  England  masters  of  vessells,  who  do 
not  scruple  carrying  them  away  notwithstanding  the 
bonds  we  oblige  them  to  enter  into  before  their  de- 
parture, they  being  very  seldom  prosecuted  and 
never  condemn'd  to  pay  the  fine.  As  the  Admirals 
are  generally  illiterate  ignorant  men,  and  being 
traders  in  most  causes  are  more  or  less  partys  con- 
cern'd,  and  are  therefore  generally  partial  in  their 
decisions,  which  is  the  reason  that  very  little  regard 
is  had  to  their  determinations,  and  their  authority 
openly  slighted,  that  before  the  arrival  of  the  men 
of  war,  and  after  their  departure  the  greatest 
irregularitys  are  committed,  which  is  but  too  much 
encourag'd  by  the  principal  inhabitants,  who  find 
their  accounts  in  it  by  the  vast  quantity  of  rum  they 
dispose  of  to  the  fishermen  and  servants  as  do  the 


AMERICA   AND   WEST   INDIES.  367 

1729. 

masters  by  stopping  their  wages  for  pretended  neglect 
of  duty,  that  between  both  they  are  most  shamefully 
oppress'd  and  wrong'd.  The  stages  and  flakes 
belonging  to  the  ships  are  destroy'd  every  year  partly 
by  the  ships  themselves  and  partly  by  the  inhabitants 
for  fewell,  that  att  their  return  in  the  spring  they 
chuse  rather  to  hire  rooms  of  the  Planters  than  be  att 
the  charge  of  building  new  ones,  so  the  ship's  rooms 
are  neglected,  the  planters  yearly  encroach  upon  them, 
that  in  a  few  more  there  will  be  no  ship's  rooms  left. 
All  these  irregularitys  have  been  long  committed 
and  often  repeated,  which  has  prejudic'd  the  trade 
very  much,  and  must  in  time  ruin  it,  if  not  pre- 
vented etc.  Copy.  3  pp.  [C.O.  194,  8.  ff.  202, 
203-204,  205i;.] 

May  8.  698.  Governor  Hart  to  Lord  Townshend.  In  obedience 
Maribro'  to  your  commands  I  have  considered  of  what  you  were  pleased 
street.  to  mention  to  me  concerning  Porto  Rico.  Situation  etc. 
described.  Continues  : — It  is  a  very  fertile  island,  well  water'd  ; 
and  capable  of  producing  everything  that  grows,  both  on  the 
Islands  and  Continent  of  America.  .  But  the  Spaniards  being 
restrain'd  from  planting  sugar  or  tobacco,  or  even  opening 
of  their  mines,  which  are  said  to  be  rich  in  gold,  apply  them- 
selves to  the  raising  of  provisions,  and  killing  of  wild  cattle, 
with  which  their  woods  abounds,  for  their  hides  and  tallow 
cheifly.  Their  principal  port,  which  is  esteemed  the  best  in 
the  American  Islands,  is  St.  Juan  de  Porto  Rico ;  a  deep 
and  commodious  bay,  situated  on  the  north  side  of  the  island  ; 
defended  by  two  castles  at  the  entrance  of  no  great  consequence, 
and  within  the  bay,  upon  a  little  island,  stands  the  city  of  the 
same  name,  which  is  joyned  by  a  bridge  to  the  main  island, 
surrounded  by  an  old  wall,  and  may  be  bombarded  when  the 
entry  is  once  forced  ;  and  by  taking  possession  of  the  bridge 
might  easily  be  reduced  even  by  famine.  It  is  generally  com- 
puted that  the  number  of  inhabitants  capable  of  bearing  arms 
most  of  them  molattoes,  including  the  garrison  of  200  soldiers, 
may  be  about  2000  ;  and  one  fourth  part  are  supposed  to  dwell 
in  the  town,  and  whoever  is  master  of  the  town  may  in  time 
reduce  the  rest  of  the  Island  ;  as  was  formerly  done  at  Jamaica, 
after  the  taking  of  Port  Royal.  For  an  expedition  against  this 
place,  with  a  prospect  of  maintaining  our  ground,  and  reducing 
the  rest  of  the  island  ;  four  ships  of  war,  at  least,  from  hence, 
with  the  two  already  stationed  at  Barbadoes  and  the  Leeward 
Islands,  two  bomb  vessells,  2000  regular  troops,  with  proportional 
transport  ships,  stores,  artillery  and  ammunition,  would  in 
my  humble  opinion  be  absolutely  necessary,  etc.,  Two  of  these 
six  ships,  ought  to  be  at  least  of  60  guns,  which  will  be  requisite 
to  force  our  passage.  I  do  not  apprehend  much  difficulty  in 


368  COLONIAL   PAPERS. 

1729. 

taking  the  town  afterwards.  For  that  if  the  troops  are  im- 
mediately landed,  and  fling  up  intrenchments  to  secure  their 
rear  from  the  alarms  of  the  Cassadors,  or  hunters,  in  the  country, 
the  want  of  provisions  in  the  town,  woud  in  a  few  days  reduce 
the  inhabitants  to  the  utmost  distress  without  the  effusion  of 
much  blood.  This  is  humbly  offered  as  my  opinion,  from  the 
information  I  have  had  of  the  state  and  condition  of  Porto 
Rico,  during  my  six  years  residence  in  my  Government,  in 
their  neighbourhood.  If  an  expedition  is  intended  this  sumer, 
etc.,  the  hurricane  season  in  those  parts,  are  August  and 
September  etc.,  which  are  to  be  avoided  ;  from  the  great  danger 
the  ships  would  be  in  at  that  time.  The  hurricanes  happen 
usually  about  the  full  moon  in  those  months  ;  tho'  I  have 
known  them  in  July  :  But  if  great  dispatch  were  usd,  the  ships 
might  arrive  in  the  harbour  of  Porto  Rico,  before  the  hurricanes 
are  expected,  where  they  would  be  safe  from  all  winds.  It  is 
true  that  there  are  two  or  three  years  together  without  any  of 
these  violent  storms,  the  last  year,  there  was  a  violent  one, 
and  it  seldom  happens  there  is  any  the  succeeding  year. 
Besides  the  reputation  the  taking  of  Porto  Rico  would  give 
to  H.M.  arms,  there  are  many  and  great  advantages  woud 
redound  from. that  conquest  to  the  Publick.  For  that  island 
is  at  present  a  nest  of  pirates  (the  Dunquerke  of  America)  who 
under  the  pretence  of  being  guarda  de  la  costa's,  greatly  infest 
the  American  seas  ;  and  make  frequent  depredations  on  H.M. 
subjects,  as  is  too  notorious  ;  and  therefore  the  dislodging  so 
troublesom  a  neighbour,  woud  be  a  most  acceptable  service, 
by  securing  our  trade  :  nor  is  it  to  be  doubted  but  the  situation 
of  this  port  and  island,  if  we  were  masters  of  it,  woud  enable  us 
not  only,  greatly  to  anoy  the  Spanish  settlements  in  those  parts, 
especially  Cuba  and  Hispaniola  ;  But  likewise  to  render  their 
outward  bound  navigation  of  their  galleons  and  flota  difficult, 
if  not  impracticable,  which  is  of  the  utmost  consequence  to 
them  etc.  Another  advantage,  which  I  take  to  be  of  great 
importance,  is  the  security  it  would  be  to  the  Leeward  Islands, 
in  case  of  a  war  with  France.  I  beg  leave  to  represent,  as  I  have 
often  done  to  the  Lords  Commissioners  for  Trade,  that  the 
French  in  the  Islands  of  Martinique,  Guardeloupe  and  Mary- 
galante  are  so  much  superiour  to  us  in  numbers  in  those  parts, 
that  it  is  far  from  being  impracticable  for  them  to  destroy  our 
Plantations,  especially  at  Antegoa,  Montserrat,  Nevis  and  St. 
Christophers  ;  the  three  last  of  which  were  plunder'd  by  them 
in  the  late  war,  and  Antegoa  savd  by  an  accident  :  and  what 
force  the  French  are  capable  of  transporting  at  a  short  warning 
their  late  expedition  to  St.  Lucia  is  a  memorable  instance. 
But  in  my  humble  opinion,  even  the  ruin  of  these  islands, 
which  God  forbid,  woud  be  more  than  recompenc'd  by  the 
acquisition  of  the  noble  island  of  Porto  Rico  ;  which  contains 
a  greater  scope  of  ground  than  Barbados  and  the  Leeward 


AMERICA   AND   WEST   INDIES. 


369 


1729. 


May8. 


May  10. 

Admty. 
Office. 


May  13. 

Whitehall. 


Islands  if  collected  into  one  body  ;  and  far  exceeds  them  in 
goodness  of  soyle,  the  plenty  of  water  and  safety  of  harbours, 
which  woud  soon  invite  numbers  of  inhabitants,  and  render  it 
a  flourishing  Colony  ;  and  probably  in  time  enable  them  better 
to  defend  themselves  and  even  become  formidable  to  the  French 
as  well  as  the  Spaniards  in  those  parts.  Whereas  the  Islands 
of  Barbados,  Antegoa,  Nevis,  Mountserrat  and  St.  Christophers 
being  separated  by  the  sea,  and  at  such  a  distance  from  one 
another,  makes  them  more  liable  to  the  depredations  of  a 
powerful  enemy.  The  method  I  shall  humbly  propose  for  the 
peopling  of  this  Island,  is  to  obtain  a  promise  from  H.M.  of  a 
certain  number  of  acres  of  land  to  each  Adventurer,  free  from 
quit-rent  for  some  years  ;  and  under  a  moderate  one  for  all 
time  to  come.  This  I  am  perswaded  from  my  own  personal 
knowledge  of  the  Brittish  Colonies  on  the  Continent  of  America, 
woud  draw  great  numbers  of  inhabitants  from  thence  to  settle 
at  Porto  Rico,  especially  from  Virginia  and  Maryland,  where 
the  tobacco  trade  is  in  a  declining  condition,  from  the  great 
quantities  now  made  in  Europe.  Offers  his  services  etc. 
Signed,  Jo.  Hart.  Holograph.  6  pp.  [C.O.  152,  40.  No.  25.] 

699.  Capt.  Rogers  to  the  Duke  of  Newcastle.     Some  par- 
ticular merchants  and  traders  being  now  getting  hands  for  a 
petition  to  H.M.,  to  recall  the  order  which  your  Grace  has  been 
pleas'd  to  procure,  that  the  Independant  Company  comanded 
by  Capt.  Pitt  Governor  of  Bermuda,  be  sent  thence,  to  the 
Bahama  Islands,  where  at  present,  they  are  more  wanted,  and 
can  be  of  greater  service  and  benifit  to  the  trade  of  America, 
than  I  presume  they  now  possibly  can,  at  the  island  of  Bermuda. 
Asks  permission  to  wait  on  his  Grace  before  his  departure  in 
a  few  days  etc.      Signed,  Woodes  Rogers.     1|  pp.     [C.O.  23,  12. 
#0.  100.] 

700.  Mr.  Burchett  to  Mr.  Popple.     H.M.S.  Rose  being  fitted 
out  for  a  voyage  to  Canso,  for  guarding  the  Fishery  there,  and 
not  to  call  at  Newfoundland,  nor  to  be  under  the  direction  of 
the  Lord  Vere  Beauclerk,  who  will  command  the  Oxford  and 
Squirrell  bound  thither,  enquires  whether  the  Council  of  Trade 
have   any   heads   of  enquiry,    or  informations   to   send   Capt. 
Weller  of  the  Rose,  relating  to  the  Fishery  at  or  about   Canso 
etc.      It  is  necessary  she  should  sail  without  losse  of  time  etc. 
Signed,  J.  Burchett.     Endorsed,  Reed,  llth,  Read  14th  May, 
1729.     Addressed.    1  p.     [C.O.  217,  5.    ff.  110,  lllv.] 

701.  Council   of  Trade   and   Plantations   to  the   Duke   of 
Newcastle.     Enclose    following   to    be   laid    before    the    King. 
Autograph  signatures.     1  p.     Enclosed, 

701.  i.  Same  to  the  King.  Submit  following  draughts  of 
general  instructions  and  those  which  relate  parti- 
cularly to  the  Acts  of  Trade.  Continue :— Your 

C.P.  XXXVI— 24 


370  COLONIAL   PAPERS. 

1729. 

Majesty  having  now  been  graciously  pleased  to  allow 
Capt.  Rogers  to  call  an  Assembly  in  those  Islands, 
and  effectually  to  establish  a  civil  judicature  there, 
we  have  thought  it  for  your  Majesty's  service  to  add 
to  the  few  Instructions  formerly  given  to  your 
Governor  of  those  Islands,  such  others  as  to  us  seem 
necessary  upon  this  occasion,  and  which  your  Majesty 
has  already  been  pleas 'd  to  approve  in  the  Instructions 
to  your  Majesty's  other  Governors  in  America.  In 
the  1st  Instruction  we  have  added  the  names  of  John 
White  and  James  Jenner,  Mr.  Ferral  and  Mr.  Frazer 
two  of  the  Council  there  being  dead.  We  have  like- 
wise added  the  following  Instructions,  for  which  we 
beg  leave  to  lay  before  your  Majesty  our  reasons, 
vizt.,  By  your  Majesty's  commission  to  Capt.  Rogers, 
he  is  directed  to  summon  and  call  General  Assemblies 
of  the  Freeholders  and  Planters  ;  But  as  there  may 
not  be  at  present  a  sufficient  number  of  Freeholders 
and  Planters  in  those  places  impower'd  to  return 
members,  we  have  inserted  the  Xlth  Instruction 
whereby  Capt.  Rogers  will  be  impower'd  to  admit  of  the 
most  substantial  inhabitants  being  return'd  in  the  room 
of  such  freeholders  and  planters,  until  there  shall  be  a 
sufficient  number  of  freeholders  and  planters  to  serve 
in  such  General  Assembly.  We  have  inserted  the 
Xllth  Instruction  impowering  your  Majesty's  Gover- 
nor to  appoint  the  Clerk  of  the  Assembly  in  order  to 
prevent  in  these  islands  disputes  which  have  formerly 
happen'd  in  others  of  your  Majesty's  Plantations 
concerning  the  appointment  of  this  officer ;  and  that 
your  Majesty's  Governor  may  have  a  more  just  and 
perfect  account  of  all  the  transactions  of  that  House, 
for  your  Majesty's  information.  We  have  likewise 
added  the  43rd — 50th  Instructions,  directing  the 
manner  of  proceedings  with  respect  to  the  Habeas 
Corpus  Act  of  this  Kingdom,  which  are  the  same  as 
those  your  Majesty  has  approved  of  to  your  Governor 
of  Barbados  and  Virginia.  Annexed, 

701.  ii.  H.M.    Instructions    to    Woodes    Rogers,    "  Captain 

General  and  Governor  in  Chief  in  and  over  our  Bahama 
Islands,  in  America  and  of  the  garrisons  there,"  etc. 
St.  James's.  As  described  in  preceding.  [C.O.  24,  1. 
pp.  124-188  ;  and  (covering  letter  only)  23,  12.  No. 
101.] 

May  14.         702.     Col.    Horsey   to   the   Duke    of  Newcastle.     Encloses 
following  etc.     Signed,  S.  Horsey.     1  p.     Enclosed, 

702.  i.  Case   of  Col.    Samuel   Horsey.     After   serving   H.M. 

above  20  years,  in  1722  he  resigned  his  post  of  Lt.  Col. 


AMERICA   AND   WEST   INDIES.  371 

1729. 

of  H.M.  Fourth  troop  of  Horse  Guards  upon  the  promise 
of  the  Government  of  S.  Carolina  whenever  a  new 
Governour  should  be  appointed.  In  this  assurance 
he  applyed  himself  to  the  knowledge  of  the  affairs 
of  the  Province  for  several  syears.  He  was  the  first 
proposer  of  the  surrender  of  Carolina  to  H.M.,  and 
procured  a  petition  to  be  signed  by  six  of  the  Lords 
Proprietors  to  the  King  for  that  purpose.  After 
which  he  did  by  the  mediation  of  the  Earl  of  West- 
moreland negotiate  and  settle  the  terms  of  the  said 
surrender.  He  has  been  at  great  pains  and  expence 
in  carrying  on  and  effecting  this  agreement  which  is 
allowed  to  be  a  very  beneficial  one  to  the  publick, 
and  is  now  a  Trustee  named  in  the  Act  of  Parliament 
for  executing  the  same  etc.  Prays  to  be  appointed 
H.M.  Governor  of  S.  Carolina.  N.B. — If  Mr.  Hutchison 
makes  application  in  favour  of  another  under  the 
merit  of  being  a  Proprietor,  it  must  be  observed,  he 
was  not  so  much  as  a  nominal  one  when  the  first 
petition  to  the  King  was  signed  and  but  a  meere 
nominal  one  afterwards,  being  only  in  trust  for  Mr. 
John  Cotton  of  Westminster,  etc.  He  was  the  occasion 
of  many  difficulties,  which  obstructed  the  agreemt. 
for  some  time  etc.  1|  pp.  [C.O.  5,  383.  Nos.  38, 
38  i.] 

May  14.         703.     H.M.    Commission   for   Thomas   Diggs   to   be   Lieut. 

Westminster.   Governor    of    Montserrat.     Countersigned,    Holies    Newcastle. 

Copy.     [C.O.   324,   36.     pp.    113,    114;    and  324,    49.    ff.   58, 

59.] 

May  14.         704.     Council   of  Trade   and    Plantations   to  the  Duke  of 
Whitehall.     Newcastle.     Reply  to   21st   April.     We   have   discoursed   with 
Col.  Dunbar,  and  as  we  find  the  chief  matter  contained  [in  the 
papers   referred]    is    the    want    of   a    sloop,    without  which  he 
represents  it  impossible  to  compleat  the  survey  [of  Nova  Scotia] 
etc.,  enclose  copy  of  their  following  report  to  the  Lords  of  the 
Committee  of  the  Council  upon  matters  relating  to  Nova  Scotia. 
Autograph  signatures.     2  pp.     Enclosed, 
704.  i  Copy  of  No.  705. 

704.  ii.  Report  upon  Nova  Scotia,  Sept.  8,  1721.  [C.O.  5,  4. 
Nos.  35,  35  i,  ii ;  and  (without  enclosures)  218,  2. 
pp.  140,  141.] 

May  14.          705.     Council  of  Trade  and  Plantations  to  Committee  of 

Whitehall.    Privy    Council.     We    have    reconsidered    our   report,    referred 

back  to  us  19th  April  etc.     Continue  : — Whereupon  we  have 

been  attended  by  Colo.  Dunbar  :    we  have  likewise  discours'd 

with  Mr.   Coram,   a  person  well    acquainted    with   this    part 


372  COLONIAL   PAPERS. 

1729. 

of  America,  and  who  has  been  engaged  in  several  proposals 
for  settlements  there ;  as  also  with  Mr.  Hintze,  who  was 
formerly  employ 'd  in  transporting  several  families  from  the 
Palatinate  to  Ireland  ;  and  we  find  that  the  Irish  families 
now  in  New  England  cannot  without  much  difficulty  transport 
themselves  so  far  as  Annapolis,  or  Canco,  having  stocks  of 
cattle  to  remove  with  them,  but  are  desirous  of  settling  to 
the  eastward  of  Kennebeck,  which  is  not  far  distant  from 
the  place  where  they  are  at  present ;  As  to  the  Palatine 
families,  they  are  willing  to  be  at  the  charge  of  transporting 
themselves,  provided  they  may  have  lands  assigned  them 
between  the  Rivers  of  Kennebeck  and  St.  Croix,  upon  the 
same  terms  with  H.M.  subjects.  And  if  H.M.  shall  think  it 
for  his  service  to  have  any  other  Palatines  settled  near  Anna- 
polis, and  Canco,  Mr.  Hintze  can  procure  what  number  shall  be 
thought  proper,  provided  H.M.  will  please  to  pay  the  charge 
of  transporting  them  thither.  We  have  ever  been  of  opinion, 
that  it  was  necessary  for  H.M.  service,  that  all  possible 
encouragement  should  be  given  to  induce  people  to  settle  in 
Nova  Scotia,  and  have  proposed  several  methods  for  that 
purpose  in  our  report  of  7th  June,  1727 ;  It  were  to  be  wished 
that  the  Irish  and  Palatine  families  could  be  induced  to  settle 
near  Annapolis  and  Can9o,  but  since  that  cannot  be,  we  would 
submit  to  your  Lordships,  whether  it  may  not  be  proper  for 
the  publick  to  be  at  some  expence  for  settling  one  hundred  or 
more  poor  Palatine  families  in  those  parts.  Mr.  Hintze  com- 
putes the  charge  of  transporting  100  Palatine  families-,  consisting 
of  four  persons  each,  to  what  part  of  Nova  Scotia  H.M.  shall 
please  to  direct,  would  amount  to  £1,600 :  But  as  he  is  not 
capable  of  undertaking  a  work  of  this  nature  without  some 
support,  he  hopes  he  may  be  allowed  for  himself  and  two  other 
Palatines  to  assist  him  20*.  per  diem  for  four  months,  which 
will  amount  to  £120.  We  are  of  opinion,  the  advantage  of 
this  settlement  will  more  than  compensate  the  charge  thereof, 
and  we  beg  leave  to  refer  to  our  said  report  for  the  proper 
means  of  defraying  that  expence.  As  to  the  Irish  families 
already  in  New  England,  and  the  Palatines  who  are  willing  to 
transport  themselves,  and  make  a  settlement  at  their  own 
expence  between  the  Rivers  Kennebeck  and  St.  Croix  ;  we  are 
of  opinion  that  no  time  should  be  lost  in  setting  out  proper  lots 
of  ground  for  them,  according  to  their  own  proposals,  lest  any 
delay  should  occasion  their  going  to  some  other  place,  and 
prove  the  loss  of  so  many  planters  in  the  western  parts  of  Nova 
Scotia.  We  likewise  propose  that  land  be  also  set  out  for  such 
other  people  as  have  already  petitioned  H.M.  and  His  late 
Royal  Father  in  this  behalf,  if  they  are  willing  to  settle  there 
upon  the  same  terms  proposed  for  the  Irish  and  Palatines. 
If  H.M.  shall  be  graciously  pleased  to  approve  thereof,  we  take 
leave  to  propose  that  the  tract  of  land,  extending  from  the 


AMERICA    AND   WEST   INDIES. 


373 


1729. 


River  Kenebeck  to  the  River  St.  Croix,  be  separated  from  the 
Government  of  Nova  Scotia,  and  erected  into  a  new  Province 
by  the  name  of    Georgia,    and    that    a    distinct    Governt.  be 
established  there.     As  the  settlement  of  this  country  will  in 
great  measure  be  owing  to  the  care  of  Colo.  Dunbar,  and  as  he 
has  offered  his  service  to  be  Governor  of  this  Colony  without 
any  salary,  until  H.M.  shall  be  pleased  to  think  him  deserving 
of  it,  we  take  leave  to  recommend  him  as  a  person  qualify'd 
to    be    Governor    there,   during  H.M.    pleasure.     It    will    be 
necessary,  upon  this  occasion  that  Colo.  Dunbar,  or  the  person 
whom  H.M.  shall  think  fit  to  appoint  to  inspect  this  new  settle- 
ment, should  have  a  power  given  to  him  of  granting  lands  to 
such  as  are  willing  to  settle  there,  upon  condition  of  paying 
one  penny  sterling  per  acre  per  annum   quit  rent  to  H.M., 
after  the  first  three  years,  and  upon  obliging  themselves  and 
their  heirs  to  submit  to  any  further  imposition  not  exceeding 
one  penny  more  per  acre  for  the  maintenance  of  their  Governor 
and  the  support  of  H.M.  Government  in  this  Province,  which 
Colo.   Dunbar  apprehends  they  will  very  willingly  agree  to. 
The  quit  rents  being  thus  made  payable  after  the  first  three 
years,  the  grantees  will  naturally  be  obliged  to  cultivate  their 
lands,  in  order  to  be  able  to  pay  the  rent,  nor  will  they  desire 
more  land  than  they  can  cultivate  ;  and  if  your  Lorsps.  should 
approve  of  this  proposal,  we  shall  then  prepare  such  Instructions 
as  may  be  necessary  for  Colo.   Dunbar's  conduct  upon  this 
occasion.     But  previous  to  the  granting  any  land  in  this  new 
Province  to  private  persons,  we  are  of  opinion  that  Colo.  Dunbar 
should  be  directed  to  set  apart  a  sufficient  quantity  of  woodland, 
for  the  service  of  H.M.  Navy,  not  amounting  to  less  than  100,000 
acres,   near  to   navigable   rivers,   in   which  no   person   should 
presume  to  cut  any  tree,  without  the  Surveyor's  licence.     This 
will  be  just  one  half  of  the  quantity  of  wood-lands  proposed 
formerly  by  us  to  be  reserved  in  the  whole  Province  of  Nova 
Scotia,  of  which  this  new  Government  is  near  a  moiety.     And 
that  the  Surveyor  Genl.  may  be  the  better  able  to  do  his  duty  in 
this  and  all  other  particulars,  it  will  be  absolutely  necessary 
that  a  small  sloop  should  attend  him,  along  the  coast,  and  up 
the  rivers  and  creeks  of  Nova  Scotia,  where  there  are  neither 
known   fords,   ferries,   nor  practicable   access  without  such  a 
conveyance.     There  was  a  small  sloop  built  some  years  since 
in  Nova  Scotia,  for  the  protection  of  the  Fishery  and  survey 
of  the  coast,   which  now  lyes  there  unemploy'd  ;    we  would 
therefore  propose  that  this  said  sloop  may  be  now  refitted  for 
tkis  service.     [C.O.   5,   916.     pp.    192-197;    and  218,   2.    pp. 
130-139.] 

May  14.         706.     Council  of  Trade  and  Plantations  to  the  King.     Draw 

Whitehall,    attention  to  discrepancies  between  the  Revenue  Act  of  Jamaica 

and  the  draft  formerly  prepared  and  Govr.  Hunter's  Instructions, 


374  COLONIAL    PAPERS. 

1729. 

as  pointed  out  by  the  Attorney  and  Solicitor  General  (v .  March 
25).     Continue : — But   upon   the   whole    considering   that   the 
people  of  Jamaica  have  already  been  for  a  considerable  time 
in   a  state   of  anarchy  for  want   of  laws  ;    that  Major  Genl. 
Hunter  was  not  strictly  confin'd  by  your  Majty's.  Instruction 
to  get  a  law  pass'd  in  the  same  words  with  the  draught,  provided 
the  substance  of  the  Act  was  agreeable  thereto,  and  that  we 
conceive  this  Act  may  answer  the  same  end  ;    we  most  humbly 
submit   whether   your   Majty.    may   be   graciously   pleased   to 
allow  the  same  etc.     The  Revenue  to  be  raised  by  this  Act  is 
computed  £8,371  12s.  6d.  pr.  ann.,  and  exclusive  of  the  charge 
of  the  two  Independant  Companies  is  something  more  than 
was  propos'd  to  be  raised  in  that  Island  by  the  draught  of  the 
bill.     At  the  same  time  that  they  pass'd  this  Revenue  Act 
they  pass'd  another,  to  oblige  the  several  inhabitants  to  provide 
themselves  with  a  sufficient  number  of  white  people  or  pay  certain 
sums  of  money  etc.,  and  applying  the  same  to  several  uses,  and  for 
repairing  the  wall  of  Port  Royal.     By  which  Act  provision  is 
made  for  the  two  Independant  Companies  for  one  year.     Major 
General  Hunter  by  his  Instructions  was  empowered  to  give  his 
assent  to  a  separate  Act  for  this  purpose  and  to  endeavour  to 
get    the    subsistance    established    for    the    two    Independant 
Companies  for  such  time  as  your  Majty.  shall  think  it  necessary 
for  the  security  of  Jamaica  to  continue  them  there  ;     But  in 
case   he  could  not  prevail   with  the   Assembly  to  grant  the 
subsistance  after  this  manner,  then  to  use  his  best  endeavours 
that  the  said  subsistance  be  granted  for  a  term  certain  of  as 
many  years  as  he  could  obtain.     But  the  Assembly  not  being 
willing  to  provide  for  these  Companies  in  any  other  manner 
than  from  year  to  year,  Genl.  Hunter  gave  his  assent  to  the 
aforesaid  Act  whereby  they  are  provided  for,  for  one  year, 
and  they  have  since  pass'd  another  Act  to  the  like  effect  for 
this  year's  service  in  Febry.  last,  the  former  being  now  expired, 
which  being  come  but  very  lately  to  our  hands,  we  have  not 
yet  had  time  to  consider  thereof.     By  the  Act  pass'd  at  Jamaica 
in  1728/or  a  tax  by  the  poll  and  on  trades  and  applying  the  same 
to  several  uses  etc.,  the  people  have  given  to  Major  General 
Hunter   £6000   current   money  to  enable   him  to  support  the 
honour  and  dignity  of  your  Majesty's  Government  during  his 
residence  there  ;    and  have  imposed  a  tax  to  pay  the  said  sum. 
Quote  his  Instructions,  forbidding  him  to  accept  presents  from 
the  Assembly  but  allowing  him  to  accept  an  addition  to  his 
salary  if  made  by  the  first  Assembly  and  within  a  year  after 
his  arrival  etc.     Continue  : — Genl.  Hunter  by  giving  his  assent 
to  this  Act,  has  not  so  much  regarded  the  letter  of  his  Instruc- 
tions, as  the  design  of  them,  judging  that  an  allowance  received 
at  once,  instead  of  an  additional  salary  would  render  him  as 
independant  of  the  Assembly  as  an  annual  allowance  settled 
for  the  time   of  his   continuance  in  that   Government,   being 


1729. 


AMERICA  AND   WEST   INDIES. 


375 


thereby  precluded  from  receiving  any  further  sum  without 
manifest  breach  of  your  Majesty's  Instructions.  This  Act 
certainly  is  not  agreeable  to  the  letter  of  your  Majesty's 
Instructions,  but  as  the  intention  of  them  may  be  answered 
by  it,  we  would  humbly  submit,  whether  your  Majesty  may  not 
be  graciously  pleased  to  give  your  Royal  assent  thereto.  [C.O. 
138,  17.  pp.  261-269.] 


May  14.         707.     Order    of    Committee    of    Privy    Council.     Referring 
Whitehall,    following  to  the  Council  of  Trade  and  Plantations  for  their 

report.     Signed,     Temple     Stanyan.     Endorsed,     Reed.     26th, 

Read  27th  May,  1729.     f  p.     Enclosed, 

707.  i— iii.  Duplicates  of  Nos.    647,    648,    649   i.      [C.O.    5, 
870.    ff.  240,  241,  242-243,  244,  244u.,  246*;.] 


May  14.  708.  Council  of  Trade  and  Plantations  to  the  Committee 
Whitehall,  of  the  Privy  Council.  Reply  to  3Qth  April.  In  our  humble 
opinion  a  Commission  to  some  person  appointed  to  attend  the 
Lord  Vere  with  proper  Instructions  may  serve  instead  of  a 
Commission  to  his  Lordship.  We  have  therefore  prepared 
draughts  of  a  Commission  and  Instructions  to  such  person 
etc.,  whereby  he  will  be  oblig'd  to  take  the  advice  of  Lord 
Vere,  and  to  execute  such  matters  as  his  Lordship  shall  propose 
to  him  in  writing  for  H.M.  service.  Amongst  the  Instructions 
to  the  Governour,  we  have  inserted  some  relating  to  the  obser- 
vation of  the  Acts  of  Trade  and  Navigation,  which  however 
will  prove  of  small  effect  till  H.M.  shall  be  pleased  to  erect 
a  Court  of  Admiralty  or  some  other  property  jurisdiction  in 
Newfoundland  impowered  to  take  cognizance  of  offences 
against  these  Acts  and  to  determine  upon  seizures  made  in 
pursuance  of  them.  We  have  likewise  prepared  the  draught 
of  such  Instructions  as  we  thought  might  be  proper  to  be  given 
to  the  Lord  Vere  etc.  For  many  years  pass'd  this  Board  have 
annually  sent  to  the  Lords  of  the  Admiralty  certain  Heads  of 
Enquiry  to  be  given  to  the  Commodore  of  the  Newfoundland 
convoy,  in  relation  to  the  trade  and  fishery  of  that  place,  from 
whose  answers  we  have  constantly  been  inform'd  of  the  state 
thereof.  We  have  now  made  these  Heads  of  Inquiry  part  of 
his  Lordship's  Instructions,  and  have  added  such  others  as  we 
thought  might  be  of  service  upon  this  occasion.  As  the  Law 
now  stands  upon  the  Newfoundland  Act  all  robberies,  murders, 
felonies  and  other  capital  crimes  committed  there,  are  to  be 
try'd  in  any  county  in  this  Kingdom,  but  this  provision  has 
hitherto  proved  ineffectual,  because  such  offenders  have  seldom 
been  sent  home  and  when  they  have  for  want  of  evidence  they 
have  been  acquitted.  Wherefore  we  have  annexed  an  Instruc- 
tion to  the  Governour  directing  him  to  send  home  all  such 


376  COLONIAL   PAPERS. 

1729. 

offenders  together  with  the  proper  evidence  against  them,  till 
such  time  as  some  other  method  shall  be  established  for  tryal 
of  these  offences  in  the  country,  which  may  perhaps  be  thought 
necessary  so  soon  as  the  Island  shall  have  been  put  under  better 
regulations,  and  some  person  skilled  in  the  Laws  may  hereafter 
be  annually  sent  thither  for  this  purpose,  with  H.M.  Commission 
for  Oyer  and  Terminer.  In  a  draught  of  this  Commission  we 
have  inserted  a  clause  revoking  so  much  of  Colo.  Philipps 
Commission  as  relates  to  the  Government  of  Placentia  being 
of  opinion  with  your  Lordships  that  it  is  adviseable  to  separate 
this  Government  from  that  of  Nova  Scotia  ;  and  if  your  Lord- 
ships please  the  company  of  Col.  Philipps  regiment  now  at 
Placentia  may  be  relieved  by  an  Independant  one ;  For  we  are 
still  entirely  of  opinion  that  a  Garrison  should  be  continued 
there,  not  only  for  maintaining  H.M.  right  of  possession,  too 
apt  to  be  encroached  upon  by  our  neighbours,  but  likewise  for 
the  protection  of  the  Fishery  in  time  of  war.  Annexed, 

708.  i.  H.M.  Commission  to  Henry  Osborn,  Commander  of 
H.M.S.  Squirrel,  to  be  "  Governor  and  Commander 
in  Chief  in  and  over  our  Island  of  Newfoundland,  Our 
fort  and  garrison  at  Placentia  and  all  other  forts  and 
garrisons  erected  or  to  be  erected  in  that  island." 
Revoke  such  part  of  letters  patent  as  appointed 
Richard  Philips  Governor  of  Placentia,  having 
"  since  thought  it  necessary  for  our  service  that 
Newfoundland,  Placentia,  and  all  other  the  forts, 
islands  and  places  thereunto  belonging  should  be  under 
the  Government  of  one  and  the  same  person,  and 
that  a  person  should  be  appointed  there  to  prevent  the 
great  irregularities,  outrages,  rapes,  felonies,  murders 
and  other  heinous  offences  which  are  frequently 
committed  in  our  Island  of  Newfoundland,  especially 
during  the  winter  season,  by  wicked  people,  for  want  of 
proper  persons  legally  authoriz'd  to  restrain  and  punish 
such  offenders  "  etc.  Gives  power  to  administer 
the  oaths  mentioned  in  the  Act  for  the  further 
security  of  H.M.  person,  and  "  to  constitute  and 
appoint  Justices  of  the  Peace,  with  other  necessary 
officers  and  ministers  for  the  better  administration  of 
Justice  and  keeping  the  peace  and  quiet  of  the  Island, 
which  Justices  of  the  Peace  so  authoriz'd  may  and 
shall  hold  and  keep  general  Quarter  Sessions  of  the 
Peace  in  such  places  as  you  shall  appoint,  according 
to  the  custom  of  this  part  of  Great  Britain  called 
England  etc.,  provided  you  nor  they  do  anything  by 
virtue  of  this  Commission  etc.  contrary  or  repugnant 
to  the  Act  for  encouraging  the  trade  to  Newfoundland, 
nor  any  way  obstruct  the  powers  thereby  given  and 
granted  to  the  Admirals  of  Harbours  or  Captains  of 


AMERICA   AM)   WEST   INDIES.  377 

1729. 

our  ships  of  war  "  etc.  [Note  in  margin  :  24th  May 
a  box  was  sent  by  the  Lord  Vere  Beauclerk  in  which 
was  eleven  sets  of  Shaw's  Practical  Justice  of  the 
Peace  2  vol.  each,  impressed  on  the  covers  in  gold 
letters  for  Placentia,  St.  Johns,  Carbonier,  Bay  of 
Bulls,  St.  Maries,  Trepassy,  Ferryland,  Bay  de  Verds, 
Trinity  Bay,  Bonavista,  Old  Parlekin,  together  with 
13  printed  Acts  to  encourage  the  trade  to  Newfoundland 
and  one  bundle  of  the  Acts  relating  to  the  Trade  and 
Navigation  of  this  Kingdom  etc.]  All  such  Justices 
and  their  inferior  officers  to  be  strictly  enjoined  to  be 
aiding  and  assisting  to  the  Commodore  or  Commanders 
of  our  ships  in  putting  in  execution  the  Act  to  encourage 
the  trade  to  Newfoundland  etc.,  after  taking  the  oaths 
aforesaid.  The  Governor  is  empowered  to  appoint 
Court  Houses  with  a  prison  adjoining  thereto.  All 
officers,  civil  and  military,  and  other  inhabitants  to 
be  aiding  and  abetting  him  in  the  execution  of  his 
Commission.  In  case  of  his  death,  William  Coalsea, 
first  Lieutenant  of  H.M.S.  Oxford  is  to  take  upon  him 
the  administration  etc.  Signed,  Caroline,  Queen  and 
Guardian  of  the  Realm  etc.  Westminster,  31st  May, 
1729. 

708.  ii.  H.M.  Instructions  to  Governor  Osborn.  (i)  You  are 
to  repair  forthwith  to  Newfoundland,  call  together  the 
principal  inhabitants  and  publish  your  Commission, 
(ii)  In  accordance  with  the  Act  to  encourage  the  trade 
to  Newfoundland,  to  take  care  that  all  persons  guilty 
of  robberies,  murders,  felonies  and  all  other  capital 
crimes  be  sent  over  to  this  Kingdom  with  witnesses 
etc.  (iii)  You  shall  strictly  enjoin  the  garrison  of 
Placentia  not  to  concern  themselves  in  the  Fishery 
there,  nor  interrupt  the  fishermen  in  the  curing  of 
their  fish,  nor  to  take  up  for  themselves  any  beaches, 
stages,  or  cook-rooms,  upon  any  pretence  whatever, 
on  pain  of  highest  displeasure,  (iv)  You  are  particu- 
larly to  prevent  the  engrossing  of  commodities,  as 
tending  to  the  prejudice  of  the  Fishery  and  the  persons 
employ'd  therein,  (v)  To  transmit  to  us  and  our 
Commissioners  for  Trade  and  Board  of  Ordnance,  etc. 
accounts  of  arms  and  stores  at  Placentia,  and  of  the 
state  of  the  fort  etc.  in  detail,  (vi)  You  shall  use  your 
best  endeavours  to  have  all  such  draughts  or  maps 
of  Newfoundland  or  any  of  the  bays  etc.  thereof  as 
you  can  obtain  carefully  revised,  and  thereby  procure 
one  or  more  good  and  correct  map  of  the  same,  with 
the  exactest  description  thereof  that  can  be  obtained 
and  transmit  the  same  unto  us,  and  to  our  Commis- 
sioners for  Trade  etc.  (vii)  Whereas  complaint  has 


COLONIAL   PAPERS. 

1729. 

been  made  of  masters  of  ships  and  others  carrying 
on  a  clandestine  trade  amongst  the  fishing  ships  from 
Great  Britain  with  others  from  our  Colonies  and 
Plantations  in  America  contrary  to  the  Act  of  Charles 
II  for  the  encouragement  of  trade,  you  shall  use  your 
utmost  endeavour  for  the  due  observance  of  the  said 
Act.  (viii)  To  permit  a  liberty  of  conscience  to  all 
persons  (except  Papists),  so  they  be  contented  with 
a  quiet  and  peaceable  enjoyment  of  the  same,  not 
giving  offence  or  scandal  to  the  Government,  (ix)  To 
cause  the  laws  against  blasphemy,  profaneness, 
adultery,  fornication,  polygamy,  incest,  prophanation 
of  the  Lord's  Day,  swearing  and  drunkenness  to  be 
vigorously  executed  etc.,  by  presentment  upon  oath 
to  the  Justices  of  the  Peace  in  their  Sessions  by  their 
Constables  or  other  inferior  officers  of  the  several 
Harbours  at  proper  times  of  the  year  to  be  appointed 
for  that  purpose.  And  for  the  further  discouragement 
of  vice  and  encouragement  of  virtue  and  good  living, 
you  are  not  to  admit  any  person  to  act  as  a  Justice 
of  the  Peace  in  the  island  whose  ill  fame  or  conver- 
sation may  occasion  scandal,  especially  you  shall  take 
care  that  the  Lord's  Day  be  devo'utly  and  duly  observed, 
that  the  Book  of  Common  Prayer  as  by  Law  established 
be  read  each  Sunday  and  Holiday  and  the  Blessed 
Sacrament  administered  according  to  the  rites  of  the 
Church  of  England  in  all  such  chapels  or  publick 
places  of  worship  as  are  already  settled  there,  (x) 
And  if  any  orthodox  Minister  there  shall  appear  to 
give  scandal  either  by  his  doctrine  or  manners  or  shall 
preach  or  administer  the  holy  Sacraments  in  any 
Orthodox  Church  or  Chappel,  without  being  in  due 
orders,  you  shall  give  account  thereof  to  the  Lord 
Bishop  of  London,  (xi)  To  take  especial  care  that  a 
table  of  marriages  established  by  the  cannons  of  the 
Church  of  England  be  hung  up  in  every  orthodox 
Church  or  Chappell  and  duly  observed,  (xii)  If  any- 
thing shall  happen  which  may  be  of  advantage  or 
security  to  our  said  Island  which  is  not  herein  or  by 
your  Commission  provided  for,  We  do  hereby  allow 
you  to  take  order  for  the  present  therein,  giving  to 
us  by  one  of  Our  principal  Secretaries  of  State  and  to 
Our  Commissioners  for  Trade  etc.  speedy  notice 
thereof,  that  so  you  may  receive  our  ratification 
thereof,  if  We  shall  approve  the  same,  provided  that 
you  do  not  allow  anything  to  be  done  contrary  to  the 
true  intent  and  meaning  of  the  Act  to  encourage  the 
Trade  to  Newfoundland  nor  contrary  to  any  of  the 
laws  and  statutes  of  this  Our  realm,  (xiii)  To  send 


AMERICA  AND   WEST   INDIES. 


379 


1729. 


May  16. 

St.  James's. 


May  16. 

Clarges 
Street. 


accounts  to  the  Secretary  of  State  and  Board  of  Trade  of 
all  your  proceedings  and  the  affairs  etc.  of  the  Island, 
(xiv)  To  execute  all  such  matters  as  Lord  Vere 
Beauclerk,  Commodore  of  the  Convoy  for  the  preser- 
vation of  the  Trade  and  Fishery,  shall  propose  to  you 
for  that  purpose  etc. 

708.  iii.  H.M.  Instructions  to  Commodore  Lord  Vere  Beau- 

clerk.  May,  1729.  The  usual  Heads  of  Enquiry, 
Articles  I — L.  From  Article  XXIV,  the  Query,  who 
administers  Justice  there  in  the  winter  ?  is  omitted, 
Article  L,  as  to  Garrison  at  Placentia  being  concerned 
in  the  Fishery,  is  omitted,  and  Article  LII  (April  21, 
1725).  Cf.  C.S.P.  March  31st,  1724,  and  April  21,  1725. 
[C.0. 195,  7.  pp.  176-238.] 

709.  H.M.    Warrant   appointing   Thomas   Hay  ward   Clerk 
of  the  Markets  of  Barbados  in  the  room  of  Alexander  Burnet 
etc.     Countersigned,  Holies  Newcastle.     Copy.     [C.O.  324,  36. 
pp.  Ill,  112  ;    and  324,  50.     pp.  23,  24.] 

710.  Col.  Dunbar  to  Mr.  Popple.     About  the  end  of  next 
week  I  shall  go  on  board,  and  since  the  oppertunity  of  makeing 
the  settlement  proposed  is  for  this  time  layd  aside,  which  may 
never  offer  againe  upon  the  same  termes  etc.,     Repeats  request 
for  order  for  40  men  as  guard  (cf.  17th  March),   "  in  such  manner 
as  I  may  be  at  liberty  to  putt  them  on  board  and  carry  them 
to  any  part  of  Nova  Scotia,  for  I  am  determined  either  to  buy 
or  hire  a  sloop  at  my  own  expence  that  the  duty  of  my  imploy- 
ment  may  be  performed  to  the  full,  and  I  will  afterwards  depend 
on  their  Lordships'   recommendation  to   be  repayd  it  "    etc. 
Requests  copies  of  the  Act  for  preservation  of  the  woods  as 
soon  as  printed  etc.     Continues  : — I  cannot  help  expressing  my 
concerne  at  the  assureances  I  have  wrote  to  the  poor  people 
in  New  England  that  I  should  prevail  to  gett  them  settled 
where  they  desire,  and  I  was  so  zealous  in  provideing  for  them 
that  I  have  actually  contracted  for  60  tonn  of  Irish  beef  to  be 
sent  for  their  winter's  provision,  and  I  have  packed  up  here 
£400  worth  of  axes,  hatchets,  saws,   crows,  handskrews  etc., 
and  a  quantity  of  nails  for  clearing  ground  and  building  houses, 
and  I  was  treating  for  a  large  parcel  of  course  druggets  etc. 
I  hope  it  will  not  be  totally  layd  aside  in  pique  to  me,  and  to 
shew  how  little  expectation  I  had  of  any  private  view  to  myself, 
lett   any   other  be   appointed  and   I   will  give   him   my  best 
assistance  etc.     P.S.     Some  New  England  agents  who  attended 
ye  Council  yesterday  and  heard  of  my  success  the  night  before, 
have  boasted  of  the  disappointment  as  many  of  'em  have  lately 
taken  possession  of  great  tracts  where  I  proposed  to  fix  the 
Irish     families.      Signed,    David    Dunbar.       Endorsed,     Reed. 
Read  16th  May,  1729.     3  pp.     [C.O.  217,  5.  ff.  112-1 18u.] 


380 


COLONIAL   PAPERS. 


1729. 
May  16. 

Whitehall. 


May  16. 

Whitehall. 


May  16. 

Whitehall. 


711.  Mr.  Popple  to  Col.  Dunbar.  Reply  to  preceding.  The 
hurry  of  business  occasioned  by  the  King's  being  just  upon 
his  going  has  occasion'd  my  Lords  Kept,  to  be  deferred  for  the 
present  :  As  there  is  reason  to  hope  that  the  consideration  of 
this  matter  will  soon  be  resumed,  you  will  receive  the  proper 
directions  when  you  are  in  America.  As  to  the  40  men  to 
assist  you,  the  necessary  orders  are  to  be  given  in  another 
Office  etc.  I  heartily  wish  you  a  good  voyage.  [C.O.  218,  2. 
p.  142.] 


712.     Mr.  Fane  to 
Reply  to  6th  May.     I 
words  in  the  original 
Charles  II  which  will 
and   the   rights   and 
Lords  Proprietors  etc. 
17th,  Read  22nd  May, 


the  Council  of  Trade  and  Plantations, 
am  humbly  of  opinion  that  there  are  no 

charter  of  the  Bahama  Islands  by  K. 

carry  a  grant  of   Admiralty  jurisdiction 

perquisites   thereunto   belonging   to   the 

Signed,  Fran.  Fane.     Endorsed,  Reed. 

1729.     1  p.       [C.O.  23,  2.    ff.  190,  191t>.] 


713.  Council  of  Trade  and  Plantations  to  Governor  the 
Earl  of  Londonderry.  Acknowledge  letters  etc.  of  30th  Sept., 
30th  Nov.,  26th  Dec.  and  16th  and  30th  Jan.  Continue  : — We 
take  this  opportunity  of  congratulating  your  Lordship  upon 
your  safe  arrival  in  your  Government,  where  we  have  no 
reason  to  doubt,  but  that  by  your  prudent  management  your 
Lordship's  administration  will  be  attended  with  great  ease  to 
yourself  and  prosperity  to  the  people.  We  have  again  upon  this 
occasion ;  read  the  several  letters  from  Lt.  Genl.  Mathew, 
which  have  not  yet  been  answered,  and  shall  take  notice  to  your 
Lordship  of  such  parts  of  them  as  may  be  proper  for  your 
Lordship's  information  etc.  By  your  Lordship's  Instructions 
you  are  directed  to  transmit  to  us  the  several  accounts  of 
publick  occurrances  which  the  proper  officers  are  for  this 
purpose  to  lay  before  you:  But  as  we  observe  the  difficulty 
Mr.  Mathew  has  had  with  Mr.  Smith,  Secretary  to  the  Leeward 
Islands  upon  this  subject,  we  desire  your  Lordship  will  acquaint 
him  that  his  delays  for  the  future  in  furnishing  your  Lordship 
with  the  proper  accounts  to  be  transmitted  hither,  may  occasion 
our  representing  his  conduct  to  his  Majesty.  Your  Lordship 
will  herewith  receive  a  list  of  those  publick  papers  which  ought 
to  have  been  sent  to  this  Office,  but  are  not  yet  received,  and 
therefore  we  desire,  your  Lordship  will  give  the  necessary 
orders  for  transmitting  of  them.  We  have  received  the  Act 
pass'd  at  Antigua  2nd  March,  172f /or  laying  a  duty  of  powder 
and  mony  on  all  vessels  trading  to  or  from  this  island  etc.,  and  we 
find  it  free  from  those  objections  to  which  that  thereby  repealed 
was  lyable.  In  your  Lordship's  letter  of  30th  Nov.  last,  you 
take  notice  of  your  having  appointed  Mr.  Smith  a  Councillor 
in  St.  Christopher's,  upon  your  having  found  the  number  of 
the  Council  of  that  island,  under  seven,  etc.,  but  you  omitted 


AMERICA   AND   WEST   INDIES.  381 

1729. 

sending  us  a  list  of  the  present  Councillors,  and  where  they 
are.  We  must  therefore  desire  your  Lordship  to  transmit 
this  list  by  the  first  opportunity,  that  we  may  be  able  to  judge 
how  the  Council  became  so  reduced.  We  have  laid  before 
H.M.  for  his  royal  confirmation,  the  acts  passed  at  Nevis, 
Antigua  and  St.  Christophers,  for  settling  upon  your  Lordship 
an  additional  salary,  but  as  the  merchts.  have  petitioned  H.M. 
against  these  acts,  they  are  referred  back  again  to  us  to  hear 
the  merchts.  by  their  Council  etc.  We  have  considered  the 
acts  passed  at  St.  Christophers  Dec.,  1727  for  regulating  vestries 
and  erecting  into  parishes  those  parts  formerly  belonging  to  the 
French  etc.  and  to  enable  the  several  parts  formerly  belonging 
to  the  French  to  choose  and  send  Representatives  to  serve  in 
the  Assemblies  etc.  As  to  the  first,  your  Lordship  observes 
very  well,  that  the  bounds  of  the  parishes  ought  to  have  been 
described  by  particular  possessions  and  not  by  geometrical 
lines,  which  few  people  are  capable  of  apprehending,  and 
therefore  we  think  your  Lordship  will  do  very  well  to  endeavour 
to  get  this  act  repealed  by  another,  whereby  the  bounds  of  the 
several  parishes  may  be  described  in  a  more  intelligible  way, 
and  the  inconveniencies  complained  of,  prevented  for  the  future. 
As  to  the  other  act,  we  should  immediately  have  laid  the  same 
before  H.M.,  for  his  disapprobation,  if  it  had  not  been  out  of 
compassion  to  the  inhabitants  who  by  the  repeal  of  the  act, 
and  of  the  several  laws  made  by  this  new  Assembly,  might 
have  been  involved  in  very  great  difficulties  ;  But  you  will  find 
by  the  observations  our  Secretary  will  send  you,  what  our 
thoughts  of  this  act  are  ;  however  we  shall  let  it  lye  by,  in  hopes 
your  Lordship  may  procure  another  to  be  pass'd  not  lyable  to 
the  same  objections,  but  if  that  be  not  done  within  a  reasonable 
time,  we  shall  then  be  obliged  to  report  for  the  repeal  of  this 
law.  We  have  read  the  several  letters  from  Mr.  Estridge  and 
Mr.  Phipps,  inclosed  in  your  Lordship's  of  16th  Jan.  etc.  Altho' 
Mr.  Phipps  might  have  been  first  named  by  Gov.  Park  etc., 
yet  as  Mr.  Estridge  was  first  appointed  by  the  Crown,  and  for 
this  reason,  has  constantly  been  placed  first  in  the  Instructions 
to  Genl.  Douglas,  Genl.  Hamilton,  Col.  Hart,  and  to  your 
Lordship,  we  cannot  advise  H.M.  to  make  any  alteration  with 
respect  thereto.  We  shall  be  glad  to  receive  a  further  account 
from  your  Lordship  of  the  late  intended  insurrection  of  the 
negroes  at  Antigua.  Subjoined, 

713.  i.  List  of  publick  papers  wanting  in  the  Plantation 
Office,  which  ought  to  have  been  transmitted  by  the 
Commanders  in  Chief  of  the  Leeward  Islands  : 
Antigua,  Minutes  of  Council,  2nd  Oct.,  1725— 16th 
June,  1727.  Minutes  of  Council  and  Assembly  both, 
since  17th  Aug.,  1728.  Nevis,  Minutes  of  Council,  7th 
Nov.  1723— 1st  June,  1727,  and  since  16th  Sept.,  1728. 


382 


COLONIAL   PAPERS. 


1729. 


May  17. 

Whitehall. 


Minutes  of  Assembly  from  the  end  of  General  Hamilton's 
government  to  20th  Nov.,  1727,  and  since  28th  Oct., 
1728.  St.  Kitts,  Minutes  of  Council,  16th  June, 
1722— 10th  Sept.,  1724,  and  5th  March,  1726— 29th 
May,  1727,  and  since  5th  Sept.,  1728.  All  the  Minutes 
of  Assembly  from  the  end  of  General  Hamilton's 
government  to  5th  June,  1727,  and  of  the  Assembly 
held  in  1728.  Montserrat,  Minutes  of  Council,  7th 
Sept.  1724— 4th  March  1727,  and  since  26th  Feb. 
1728.  All  the  Minutes  of  Assembly  from  the  end  of 
Genl.  Hamilton's  government  to  16th  May,  1729. 
Wanting  from  all  the  Islands :  (Some  of  these  have 
been  received  from  particular  times,  but  no  continued 
series,  so  as  to  form  any  report  to  the  Crown  upon 
'em,  as  is  now  required  by  H.M.)  : — The  Treasurer 
of  each  Island's  account  of  receipts  and  payments  ; 
account  from  the  parish  registers  of  births  and  burials  ; 
naval  officers'  accounts  of  imports  and  exports,  with 
separate  accounts  of  negroes  and  liquors  imported  ; 
all  for  the  last  8  years.  Account  of  present  stores  of 
war  and  fortifications  ;  of  the  courts,  officers,  deputies 
and  fees  of  each  office  ;  of  the  present  state  of  each 
island,  with  the  improvements  that  are  or  may  be 
made  therein,  and  the  wants  and  defects  thereof. 
[C.O.  153,  15.  pp.  1-8  ;  and  (extract  only,  relating 
to  Councillors,  f  p.)  152,  43.  /.  47.] 

714.  Mr.  Popple  to  the  Same.  Objections  to  the  Act 
enabling  the  former  French  parts  to  choose  Representatives  etc. 
(v.  preceding).  By  this  act,  any  person  qualified  as  is  thereby 
directed,  has  a  right  of  electing  or  being  elected  to  serve  in  the 
Assembly,  whether  he  be  a  freeholder,  or  not.  Altho'  this 
may  be  agreeable  to  the  tenour  of  your  Lordship's  Commission, 
whereby  freeholders  and  planters,  may  indifferently  elect 
and  be  elected,  yet  my  Lords  Commissrs.  are  of  opinion  that 
the  common  custom  of  the  island  ought  to  be  the  rule  in 
this  case,  and  that  the  act  ought  to  be  fram'd  accordingly. 
By  this  act,  denizens  have  a  right  of  being  elected.  My  Lords 
are  of  opinion,  that  this  priviledge  ought  only  to  be  allowed 
to  such  as  are  naturaliz'd,  unless  any  inconvenience  be  appre- 
hended from  the  want  of  a  sufficient  number  of  freeholders. 
By  the  same  act  all  the  King's  officers  are  excluded  from  serving 
in  Assemblies,  or  concerning  themselves  therein,  under  severe 
penalties.  As  my  Lords  do  not  see  any  reason  for  this  severity, 
they  will  not  agree  to  any  act  with  the  like  clause.  Besides 
the  objections  aforementioned,  the  King's  prerogative  is  so 
much  restrained  thereby,  that  there  ought  to  have  been  inserted 
therein  a  clause  for  suspending  the  execution  thereof,  till  H.M, 


AMERICA   AND   WEST   INDIES.  383 

1729. 

pleasure  could  have  been  declared  thereon  ;  and  your  Lordship 
will  please  to  observe,  that  the  passing  any  act  of  this  nature, 
without  such  a  clause,  will  be  contrary  to  your  Lordship's 
instructions.  [C.O.  153,  15.  pp.  8-10.] 

May  19.         71 5.     Mr.   Popple  to  Mr.   Fane.     Encloses  for  his  opinion 
Whitehall,     in  point  of  law  six  Acts  passed  at  Jamaica  Febry.  last.     [C.O. 
138,  17.     pp.  270,  271.] 

May  19.  716.  Same  to  Mr.  Burchett.  Reply  to  May  2  and  10.  The 
Whitehall,  usual  Heads  of  Inquiry  are  now  laid  before  H.M.  in  order  to 
be  given  as  Instructions  from  H.M.  to  the  Commadore.  My 
Lords  Commissioners  having  prepared  certain  queries  (enclosed) 
in  relation  to  the  Fishery  at  Canco  desire  that  the  Lords  Com- 
missioners of  the  Admiralty  will  please  to  give  them  as 
Instructions  to  Capt.  Weller  etc.  Annexed, 

716.  i.  Heads  of  Enquiry  relating  to  the  Fishery  and  Trade 
of  Canco  in  Nova  Scotia  and  parts  adjacent  etc.,  for 
Capt.  Weller,  H.M.S.  Rose,  appointed  to  guard  the 
Fishery  at  Canco.  You  are  to  give  all  due  encourage- 
ment and  protection  to  the  trade  and  fishery  there 
and  to  transmit  the  fullest  account  you  can  to  the 
Lords  Commrs.  for  Trade  etc.  as  likewise  distinct 
answers  to  the  following  queries  vizt.  (i)  Whether 
the  inhabitants  are  possess'd  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  where  they  were 
left  by  the  owners,  (iii)  Whether  any  aliens  or 
strangers  not  residing  in  the  Kingdom  of  Great  Britain 
or  Ireland,  do  resort  to  Nova  Scotia  or  to  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,  netts  and  tackle  for  their  fishery  ?  and 
with  woollen,  linnen,  leather  and  other  manufactures 
for  their  use  and  wear  from  this  Kingdom  ?  Or 
whether  they  are  furnish'd  with  any  of  the  aforesaid 
necessaries  from  the  Plantations  or  from  any  foreign 
country  whatsoever  ?  (v)  What  wages  do  the  said 
inhabitants  allow  to  their  servants  for  carrying  on 
the  Fishery  ?  and  in  what  manner  do  they  pay  them  ? 
(vi)  How  much  does  the  charge  of  fitting  out  and 
maintaining  one  of  their  fishing  boats  for  the  whole 
season  amount  to  ?  (vii)  Whether  the  inhabitants 
have  any  other  employment  in  the  fishing  season  for 


384  COLONIAL   PAPERS. 

1729. 


their  servants  than  taking  and  curing  of  fish  ? 
Whether  they  are  dilligent  therein  ?  How  many  men 
they  allow  to  each  of  their  fishing  boats  ?  Whether 
they  can  afford  their  fish  as  cheap  as  the  fishing  ships, 
and  the  by-boats,  or  what  difference  is  made  between 
the  price  of  the  one  and  the  other  ?  (viii)  In  what 
manner  they  employ  themselves  and  their  servants 
after  the  fishing  season  is  over,  and  during  the  winter  ? 
Whether  they  are  industrious  in  providing  and  making 
necessaries  for  their  next  fishing  season,  or  mispend 
their  time  in  debaucheries  and  excesses  ?  (ix) 
Whether  the  houses,  etc.  of  the  inhabitants  are  at 
such  a  distance  from  the  waterside  as  not  to  hinder 
or  obstruct  the  fishermen  in  making  their  flakes,  or 
in  drying  and  curing  their  fish  ?  (x)  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  the  shore  or 
possess  a  larger  front  to  the  water  side,  according  to 
the  number  of  their  boats  than  was  formerly  allowed 
at  Newfoundland  in  that  case,  (xi)  Whether  the 
fishing  ships  that  proceed  directly  from  this  Kingdom 
to  Nova  Scotia  are  victualed  here  and  provided  with 
all  other  necessaries  of  British  product  and  manu- 
facture for  the  whole  voyage  ?  Or  whether  the 
masters  or  freighters  do  not  furnish  themselves  with 
provisions  that  are  brought  from  the  Plantations  or 
other  parts  to  Nova  Scotia  ?  (xii)  Whether  any  of 
the  fishing  ships  follow  the  old  laudable  custom  of 
allowing  their  ships  companies  shares  of  what  they 
make  in  the  voyage,  instead  of  wages,  and  in  such 
case,  how  much  doth  the  charge  of  fitting  out  and 
maintaining  a  ship  of  100  tuns  with  50  men  and  10 
boats  amount  to  for  the  whole  voyage  ?  (xiii)  How 
many  taverns  or  publick  houses  in  Nova  Scotia  or 
at  least  in  the  harbour  of  Canceau  ?  Are  they  kept  only 
by  the  inhabitants,  or  by  the  by-boat  keepers  and  the 
people  of  New  England  also  ?  Do  they  trust  the 
fishermen  upon  their  own  credit  or  do  the  masters  of 
the  ships  and  of  the  by  boats  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  to  run  so  far  in  debt, 
that  they  are  forced  to  remain  as  servants  to  the 
inhabitants,  and  at  last  constrained  to  betake  them- 


AMERICA   AND   WEST   INDIES.  385 

1729. 

selves  to  New  England  ?  (xiv)  Whether  the  inhabi- 
tants do  not  usually  trust  their  own  servants  employed 
in  the  fishery  with  rum  and  other  stores  to  a  greater 
value  than  their  wages  amount  to  ?  And  whether 
they  are  not  generally  paid  as  in  the  foregoing  article  ? 
(xv)  How  much  do  the  by  boatmen  and  the  inhabitants 
allow  to  the  masters  of  the  fishing  ships  for  the  passage 
of  their  servants  both  out  and  home  ?  In  what 
manner  do  the  said  inhabitants  pay  the  masters  of  the 
fishing  ships  for  the  same  and  for  the  several  necessaries 
they  supply  them  with  ?  And  whether  a  considerable 
part  of  these  debts  is  not  secured  by  suffering  their 
seamen  to  run  in  debt  to  the  inhabitants  ?  (xvi) 
Whether  this  method  of  trusting  the  fishermen  is  not 
the  occasion  of  many  thefts  and  disorders  ?  Are  they 
not  by  their  debaucheries  often  withdrawn  from  and 
render'd  unfit  for  their  labour  to  the  great  discourage- 
ment and  obstruction  of  the  Fishery  ?  (xvii)  WThether 
the  masters  of  the  fishing  ships  and  by  boats  do  not 
connive  at  or  encourage  their  men  to  remain  in  the 
land  that  they  may  save  the  charge  of  carrying  them 
home  ?  What  number  of  men  do  stay  behind  yearly, 
and  particularly  last  year  ?  (xviii)  Whether  the 
New  England  traders  do  still  continue  to  entice  and 
carry  thither  numbers  of  handycraft  men,  seamen  and 
fishermen  ?  And  whether  any  of  the  inhabitants  do 
favour  or  assist  them  therein  ?  (xix)  And  whereas 
H.M.  Consuls  and  the  merchants  residing  in  Portugal, 
Spain  and  Italy  unanimously  complain  that  by  reason 
of  the  ill  curing  of  the  fish  for  some  years  past  the 
consumption  thereof  is  considerably  lessen'd,  and 
that  the  trade  will  be  losst  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  the  by-boatkeepers  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  that  it  may  be 
well  receiv'd  and  esteem'd  in  the  several  places  to 
which  it  is  carry'd  for  sale.  And  further  you  are 
upon  this  occasion  very  particularly  to  inquire  into 
their  manner  and  method  of  taking  and  curing  their 
fish,  what  quantity  of  salt  they  allow  for  the  curing 
every  hundred  quintals,  whether  they  are  guilty  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  or  the 

C.P.  XXXVI— 25 


386 


COLONIAL   PAPERS. 


1729. 


May  19. 

Whitehall. 


May  20. 

Whitehall. 


May  20. 

Whitehall. 


by-boat-keepers  are  most  to  be  blamed  ?  And  in 
short,  from  whence  these  complaints  arise  and  what 
methods  are  to  be  taken  to  prevent  or  rectify  what- 
soever is  amiss  ?  (xx)  You  are  to  inquire  into  the 
present  state  of  the  French  Fishery  at  Canceau  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  ?  (xxi)  Whether 
any  of  the  Officers  of  the  Garrison  at  Canceau  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  persons  whatsoever,  or  hire  out  the  soldiers 
to  fish  ? 

716.  ii.  Scheme  of  Fishery  at  Canco.     Similar  to  usual  scheme 

of  return  required  from  Newfoundland.  [C.O.  218,  2. 
pp.  143-155.] 

717.  Mr.  Popple  to  Mr.  Fane.     Encloses  for  his  opinion  in 
point  of  law,  act  of  Antigua,  1728,  to  supply  the  defects  of  the  act 
for  constituting  a  court  of  Chancery  etc.     [C.O.  153,  15.    pp.  10, 
11.] 

718.  Council   of  Trade  and   Plantations   to  the  Duke   of 
Newcastle.     Finding    by    the    journals    of   Virginia    that    the 
Council   of  that   Colony   had   ordered   £300   sterling   and   the 
Assembly  £500  current  mony  to  be  given  to  Lt.  Govr.  Gooch, 
we  wrote  to  him,  7th  May,  1728,  wherein  we  expressed  our 
disapproval  of  his  receiving  presents,  contrary  to  his  Instructions. 
In  answer  to  this  letter,     he  has  acquainted   us,   that  other 
Govrs.  of  Virginia  have  usually  receiv'd  the  like  presents  upon 
their  arrival,  and  that  he  had  reason  to  hope  the  same  indulgence 
would  be   allowed   to   him.     We   therefore  thought   ourselves 
obliged  to  lay  this  matter  before  your  Grace,  that  H.M.  pleasure 
may  be  known  thereupon.     [C.O.  5,  1366.     pp.  18,  19.] 

719.  Same  to  Same.     We  have  lately  considered  a  letter 
from  Lt.  Govr.  Gooch  (copy  enclosed),  in  relation  to  the  difficulty 
he  is  under  in  forming  a  rent  roll  for  the  two  new  counties  of 
Spotsylvania  and  Brunswick,  now  that  the  time  is  expir'd  for 
which  his  late  Majesty  was  pleas'd  to  exempt  the  inhabitants 
of  those  Counties  from  the  payment  of  quit-rents.     Your  Grace 
will  perceive  that  this  difficulty  proceeds  from  a  Minute  of 
Council    in  Virginia,  whereby  the  Officers  of  the  revenue  were 
ordred  not  to  demand  either  the  rights  or  quit-rents  for  lands 
granted  in  the  said  counties,  least  the  acceptance  of  such  pay- 
ments should  be  construed  an  allowance  of  some  large  grants 


AMERICA   AND   WEST   INDIES. 


387 


1729. 


May  20. 

Whitehall. 


May  21. 

Whitehall. 


May  21. 

Whitehall. 


which  were  made  before  his  late  Majesty's  intentions  were 
known.  As  the  settling  these  counties  appears  to  be  of  v< TV 
great  consequence  for  H.M.  service,  we  beg  your  Grace  will 
please  to  take  the  first  opportunity  of  knowing  H.M.  pleasure 
thereupon.  [C.O.  5,  1366.  pp.  19,  20.] 

720.  Mr.   Popple    to    Mr.   Carkesse.     Encloses   extract  of 
Memorial  from  Mayor  of  Poole  (Feb.  12th)    complaining  that  a 
duty  is  now  demanded  for  oil  made  at  Newfoundland,  and  an 
extract  of  the  Newfoundland  Act  declaring  such  oil  free  of 
duties.     Enquires  for  what  reason  the  officers  of  the  Customs 
now  make  this  demand.     [C.O.  195,  7.     p.  240.] 

721.  Same  to  the   Mayor  of  Poole.     Reply  to   12th  Feb. 
By  the  first  clause  of  the  Act  for  encouraging  the  trade  to  New- 
foundland you  seem  to  apprehend  that  no  person  not  residing 
within  this  Kingdom  can  enjoy  the  benefit  of  the  Fishery  at 
Newfoundland  :    But  as  by  the  first  part  of  this  clause,  it  is 
enacted  it  shall  be  lawfull  for  all  H.M.  subjects  residing  within 
this  His  realm  of  England  or  the  Dominions  thereunto  belonging 
to  enjoy  the  benefit  of  this  fishery,  My  Lords  are  of  opinion 
that  the  people  of  New  England,  Ireland,  Guernsey  and  Jersey 
are  not  excluded  those  places,  being  Dominions  belonging  to 
this  Kingdom.     That  part  of  the  clause  from  which  you  have 
form'd  your  opinion  restrains  none  but  such  as  are  aliens  and 
strangers  not  residing  in  this  Kingdom,  Wales,  or  the  town  of 
Berwick  ;     whereas  did  such  alien  or  stranger  reside  in  this 
Kingdom  this  clause  would  seem  to  give  him  the  benefit  of 
fishing  etc.   at  Newfoundland.     Your  complaints  against  the 
New  England  men  for  enticing  and  carrying  away  your  sailors 
and  fishermen  is  of  very  great  consequence,  and  therefore  my 
Lords  in  the  Instructions  wch.  they  have  now  prepared  for  the 
Lord  Vere  have  inserted  an  Article  to  require  his  Lordship  to 
use  his  best  endeavours  to  prevent  this  practice  for  the  future. 
As  to  the  duties  on  oil  etc.,  my  Lords  have  enquired  etc.      See 
preceding  letter.     [C.O.  195,  7.     pp.  241-243]. 

722.  Same  to  Mr.  Fane.     My  Lords  Commissioners  having 
reconsidered  the  act  of  Virginia  declaring  how  long  judgments 
shall  be  in  force  etc.,  (v.  Feb.  18,  March  25  etc.),  do  find  that  all 
other  acts,  or  so  much  thereof  as  relates  to  the  declaring  how 
long  judgments,  bonds,  obligations  and  accounts  shall  be  in 
force,  are  repealed.     The  said  act  now  lies  before  her  Majesty 
to  be  repeald  ;    and  if  by  the  repeal  thereof,    the  acts  thereby 
repealed  should  revive,  etc.  they  desire  your  opinion  in  point 
of  law,  whether  the  acts  now  revived,  are  liable  to  the  same 
objections  as  that  now  before  H.M.  to  be  repealed.     There  was 
an  act  passed  in  Virginia  in  1696  declaring  how  long  judgements 
and  specialties  shall  be  pleadable,  which  seems  reviv'd  by  the 
aforesaid  law.     [C.O.  5,  1366.     pp.  21,  22]. 


388 


COLONIAL   PAPERS. 


1729. 
May  21. 

Whitehall. 


May  21. 


May  22. 

Kensington. 


May  22. 

Kensington. 


723.  Mr.  Popple  to  Mr.  Attorney  and  Mr.  Solicitor  General. 
Presses  for  their  opinion  in  point  of  law  upon  grievances   of 
clergy  of  the  Massachusets  Bay,  submitted  to  them  24th  Nov. 
1727.     [C.O.  5,  916.     p.  198.] 

724.  Mr.  Yeamans  to  Mr.  Popple.     Excuses  himself  for  not 
waiting  upon  the  Board  this  day.     "I  have  been  so  much  out  of 
order  for  these  three  days  last  past  that  I  do  not  stirr  abroad." 
[Dated  1728  ?    by  error.     Ed.}      Signed,  John  Yeamans.     En- 
dorsed, Reed.  Read  21st  May,  1729.     1  p.     [C.O.  152,  17.    ff. 
63, 


725.  Order  of  Queen,  Guardian  of  the  Realm,  in  Council. 
Approving   Instructions   for  Lord   Vere  Beauclerk   and   Com- 
mission and  Instructions  for  Governor  of  Newfoundland,  Capt. 
Henry  Osborn,  H.M.S.  Squirrel,  and  in  case  of  his  death  the 
first  Lieutenant  of  H.M.S.  Oxford.     Lt.  Govr.  Gledhill  is  removed 
from  his  post  and  called  home  to  answer  for  his  conduct.     H.M. 
Secretary  of  War  is  to  order  the  three  Chaplains  on  the  establish- 
ment of  the  Regiment  and  Garrisons  in  Nova  Scotia,  and  other 
Staff  Officers  upon  that  establishment  to  repair  forthwith  to 
their  respective  posts,  as  also  the  Officers  in  any  other  of  H.M. 
Plantations  in  America.     The  Secretary  of  War  is  to  report 
whether   the    Company    of  Foot   belonging   to    Col.    Philips's 
regiment,  at  Placentia,  may  properly  be  relieved  by  an  Inde- 
pendent  Company.     Set  out,   A.P.C.   III.     pp.   221,   222.   q.v. 
Signed,  Temple  Stanyan.     Endorsed,  Reed.   16th,   Read  17th 
June,  1729.     If  pp.     [C.O.  194,  8.    ff.  210,  2lOv.,  2llv.  ;    and 
5,21.    ff.3,Sv.] 

726.  Order    of    Queen    etc.    in    Council.     Recommending 
Bishop  of  London  to  send  a  Clergyman  to  Newfoundland  etc. 
as  proposed  19th  April.     Set  out,  A.P.C.  III.    p.  222.     Endorsed 
as  preceding.     I  p.     [C.O.  194,  8.    ff.  212,  218i>.] 


May  22.         727.     Order  of  the  Queen  etc.  in  Council.     Confirming  Act 
Kensington,    of  New  Jersey,  1718,  for  ascertaining  the  line  of  partition  between 

the  Eastern  and  Western  divisions  etc.,     Signed,  Temple  Stanyan. 

Endorsed,  Reed.  16th,  Read  17th  June,  1729.     2  pp.     [C.O.  5, 

972.    ff.  184,  184».,  1850.] 

May  22.  728.  Order  of  Queen  etc.  in  Council.  Approving  report 
Kensington,  of  Committee  22nd  April,  agreeing  with  report  of  Council  of 
Trade  upon  Address  of  the  Representatives  of  the  Massachusets 
Bay,  and  advising  that  H.M.  order  this  whole  matter  to  be 
laid  before  Parliament,  (y.  A.P.C.  III.  pp.  108-111.)  Ordered, 
that  one  of  H.M.  principal  Secretaries  of  State  receive  the 
pleasure  of  the  Crown  thereupon.  Signed,  Temple  Stanyan. 
Endorsed,  Reed.  16th,  Read  17th  June,  1729.  5  pp.  [C.O.  5, 
870.  ff.  249-251,  252u.  ;  and  5,  752.  No.  39.] 


AMERICA   AND   WEST  INDIES. 


389 


1729. 

May  22.         729.     Order  of  Queen  etc.  in  Council.     Approving  draught 
Kensington,    of  Governor  Philipps's  Instructions.     Signed,  Temple  Stanyan. 
Endorsed,   Reed.    16th,    Read   17th  June,    1729.     f  p.     [CO 
217,  5.    ff.  U7v.,  Il8v.] 

May  22.         730.     Order  of  Queen  etc.   in   Council.     Repealing  Act  of 
Kensington.    Virginia  declaring  how  long  judgments,  bonds  etc.,  shall  be  in  force. 

Signed  and  endorsed  as  preceding.     2  pp.     [C.O.  5,  1321.    ff. 

140, 


May  22.         731  .     Order  of  Queen  etc.  in  Council.     Confirming  Act  of 
Kensington.    Virginia  for  limitation  of  actions  etc.     Signed  and  endorsed  as 
preceding.     If  pp.     [C.O.  5,  1321.    ff.  142,  1420.,  1480.] 

May  22.         732.     Order  of  Queen  etc.  in  Council.     Confirming  Act  of 

Kensington.    Virginia  to  enable  William  and  Thomas  Farrar  etc.     Signed  and 

endorsed  as  preceding.     2  pp.     [C.O.  5,  1321.    ff.  144,  144u., 


May  22. 

Kensington. 


May  22. 

Kensington. 


May  22. 

Kensington. 


May  22. 

Kensington, 


733.  Order  of  Queen  etc.  in  Council.     Confirming  Act  of 
Jamaica  for  granting  a  revenue  etc.  and  reviving  and  perpetuating 
the  Acts  thereof.     Signed,   Temple  Stanyan.     Endorsed,   Reed. 
16th,  Read  17th  June,  1729.     1|  pp.     [C.O.  137,  18.    ff.  17, 

I7v.,  I8v.] 

734.  Order  of  Queen  etc.  in  Council.     Confirming  Act  of 
Jamaica  for  raising  a  tax  by  ilie  poll  and  on  trades  etc.     Signed 
and  endorsed  as  preceding.     l£  pp.     [C.O.    137,    18.    ff.   19, 
190.,  20».] 

735.  Order  of  Queen  etc.  in  Council.     Confirming  Act  of 
Jamaica  to  oblige  the  inhabitants  to  provide  themselves  with  a 
sufficient  number  of  white  people  etc.,     Signed  and  endorsed  as 
preceding.     If  pp.     [C.O.  137,  18.    ff.  21,  21u.,  22i>.] 

736.  Order  of  Queen  etc.,  in  Council.     Referring  following 
to  the  Council  of  Trade  and  Plantations  for  their  report.   Signed, 
Temple    Stanyan.     Endorsed,    Reed.    13th,    Read    18th   June, 
1729.     1^  pp.     Enclosed, 

736.  i.  Petition  of  Joseph,  Viscount  Micklethwait,  to  the 
King.  By  letters  patent  12th  March,  1714,  petitioner 
was  granted  the  office  of  Secretary  of  Barbados,  Secre- 
tary to  the  Governor  and  Governor  and  Council,  and 
Clerk  of  the  Courts,  to  which  several  offices  there  is  no 
salary  attached.  Petitioner  was  at  great  and  constant 
expence  in  providing  an  office,  stationary  ware  and 
clerks  etc.  for  making  copies  of  acts  and  minutes  of 
Council  etc.,  for  which  he  has  never  had  any  allowance. 
There  is  due  to  him  for  fees  to  2nd  April,  1719,  when 


390 


COLONIAL   PAPERS. 


1729. 


May  22. 

Kensington. 


May  22. 

Kensington. 


May  22. 

Whitehall. 


May  22. 

Whitehall. 


he  surrendered  his  patent  £793  3s.  9d.,  for  which  he 
has  often  applied  by  his  agent,  but  has  not  been  able 
to  obtain  payment  etc.  Prays  H.M.  to  recommend 
to  the  Government  the  payment  of  same.  Signed, 
Micklethwait.  Copy.  2  pp.  Enclosed, 

736.  ii.  Account  of  fees  due  as  above.     Signed,  John  Lenoir, 

Saml.  Wadeson.  1  p.  [C.O.  28,  20.  ff.  180-182, 
I860.] 

737.  Order  of  the  Queen  etc.  in  Council.     Approving  drafts 
of  Instructions  for  Governor  Woodes  Rogers.     Signed,  Temple 
Stanyan.     Endorsed,  Reed.   16th,  Read  17th  June,   1729.     1| 
pp.     [C.O.  23,  2.    ff.  192,  192u.,  193?;.  ;    and  5,  194.    ff.  515, 
5150.] 

738.  Order  of  Queen  etc.  in  Council.     Approving  report  of 
representation  desiring  the  Captains  of  the  men  of  war  stationed 
at  New  England  to  protect  the  mast-cutters  for  the  use  of  the 
Navy  at  Casco  Bay.     The  Lords  Commissioners  of  the  Admiralty 
to    give    instructions    accordingly.      Signed    and    endorsed    as 
preceding.     1|  pp.     [C.O.  5,  870.    ff.  253,  253i;.,  254i;.] 

739.  Council  of  Trade  and  Plantations  to  Governor  Worsley. 
Acknowledge  letters  etc.  of  13th  Sept.,  28th  Oct.,  8th  Nov.  and 
10th  and  16th  Dec.  last.     Continue  : — We  are  glad  to  find  that 
the  dispute   so   often   mentioned   between   the   Assembly  and 
you  in  relation  to  their  pretended  right  of  adjourning  without 
your  consent  is  at  last  determined.     We  have  sent  the  several 
acts  transmitted  with  your  abovesaid  letters  to  Mr.  Fane  etc., 
and  so  soon  as  he  shall  have  made  his   report,   we   shall   lay 
before  H.M.  such  of  them  as  require  his  immediate  determination. 
[C.O.  29,  15.     p.  107.] 

740.  Same  to  Lt.  Governor  Gooch.     Acknowledge  letters  of 
8th  June,  one  without  date,  9th  and  26th  Aug.     Continue  : — 
We  are  glad  to  find  that  the  Commissioners  for  settling  the 
boundaries  between  Virginia  and  North  Carolina,  have  made 
some  progress  ;    and  we  hope  that  the  finishing  this  division 
line  will  prevent  the  many  inconveniencies,  which  have  hitherto 
happned  for  want  thereof.     As  you  omitted  sending  a  list  of 
persons   fit   to   supply   vacancies   in   the   Council,    which    you 
promised  you  would,  we  hope  you  will  transmit  the  same  by  the 
first  opportunity.     We  have  considered  the  act  for  laying  a 
duty  on  slaves  imported  etc.,  and  your  reasons  for  passing  the 
same  ;    but  the  merchants  of  London,  Bristol  and  Liverpool 
trading  to  Virginia,  having  petitioned  the  King  against  this 
act,  they  have  been  heard  at  this  Board,  and  we  are  of  opinion 
the  same  ought  to  be  repealed,  and  shall  make  our  report  to 
H.M.  accordingly.     We  have  likewise  considered  another  act 


AMERICA   AND   WEST   INDIES. 


391 


1729. 


for  erecting  a  lighthouse  on  Cape  Henry,  and  your  reasons  in 
behalf  of  the  same  ;  we  thought  it  proper  to  discourse  with 
Lord  Baltimore  and  the  Virginia  and  Maryland  merchants  upon 
this  subject.  But  we  find  the  greatest  part  of  them  so  averse 
to  an  undertaking  of  this  nature,  that  we  fear  it  cannot  be 
complied  with.  We  have  laid  the  act  to  enable  William  and 
Thomas  Farrer  etc.  before  H.M.  for  his  royal  confirmation. 
Recount  their  representation  on  the  two  acts  for  limitation  of 
judgments  etc.  v.  25th  March.  Continue  : — We  observe  by 
your  letter,  a  state  of  the  difference  between  the  Council  and 
Burgesses,  upon  the  Burgesses  having  pass'd  a  resolve  for 
paying  their  own  attendance  out  of  the  publick  fund  raised 
by  the  duty  on  liquors  at  the  rate  of  10/s.  for  each  hundred 
of  tobacco  allow'd  them  by  law ;  for  which  purpose  they 
afterwards  prepar'd  a  bill,  upon  their  resolve  not  being  agreed 
to  by  the  Council,  which  was  likewise  rejected  :  upon  this  you 
desire  our  directions  how  you  should  act,  if  the  same  be  revived 
again  ;  But  as  the  reasons  assign'd  by  the  Council  against 
agreeing  with  the  Burgesses  in  this  particular,  seem  to  have 
more  weight  in  them  than  those  offered  by  the  Burgesses,  we 
cannot  advise  you  to  give  your  consent  to  an  act  for  this 
purpose,  without  inserting  a  clause  for  suspending  the  effect 
thereof  till  the  King's  pleasure  can  be  known.  We  have  con- 
sidered what  you  write,  9th  Aug.,  in  relation  to  the  presents 
made  you  by  the  Council  and  Assembly.  But  we  are  still  of 
opinion  that  your  receiving  such  presents,  is  contrary  to  your 
Instructions ;  however  we  have  acquainted  the  Duke  of 
Newcastle  with  what  you  have  offered  etc.  (v.  20th  May).  Enclose 
Order  of  Council  upon  Col.  Spotswood's  petition,  1st  Feb., 
"  in  relation  to  his  land,  which  will  serve  for  your  guidance 
with  respect  to  him  ;  and  altho'  we  may  be  of  opinion  that 
other  persons  may  deserve  the  same  favour,  yet  we  cannot  give 
you  any  answer  upon  this  head  till  H.M.  shall  have  signifyed 
his  pleasure  upon  a  state  of  this  matter  now  before  him  in 
relation  thereto."  [C.O.  5,  1366.  pp.  22-27.] 

May  23.         741 .     Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion  in 
Whitehall,     point  of  law,  19  Acts  of  New  York,  1728  (enumerated).     [C.O. 
5,  1125.  pp.  125-129.] 

May  23.  742.  Council  of  Trade  and  Plantations  to  the  Queen, 
Whitehall.  Guardian  of  the  Kingdom  and  His  Majesty's  Lieutenant  within 
the  same.  Representation  upon  petition  of  merchants  (26th 
Sept.)  for  repeal  of  act  of  Virginia  for  laying  a  duty  on  slaves 
imported.  The  duty  of  405.  per  head  laid  by  this  act  upon  all 
slaves  imported  there,  will  greatly  discourage  the  trade  of  this 
Kingdom  and  of  that  Colony,  as  it  must  in  consequence  raise 
the  price  of  their  tobacco.  This  act  will  likewise  discourage  the 
settlement  of  the  two  new  counties  of  Spotsylvania  and 


392  COLONIAL   PAPERS. 

1729. 

Brunswick,  as  the  poorer  people  will  not  be  able  to  buy  sufficient 
stocks  of  negroes,  should  they  be  charg'd  with  this  duty.  A 
like  act  passed  in  1723  was  repealed  etc.  As  this  act  seems  to 
us  lyable  to  the  same  objections,  etc.,  recommend  its  disallowance. 
[C.O.  5,  1366.  pp.  28,  29.] 

May  23.  743.  Richard  Bradley  to  the  Duke  of  Newcastle.  Encloses 
New  York  following  petition  to  be  laid  before  H.M.  and  prays  that  the 
in.  Council  of  Trade  may  be  instructed  speedily  to  consider  enclosed 
memorial  to  them.  Continues : — I  doubt  not,  but  yr.  Grace  is, 
or  soon  will  be,  convinced  that  the  General  Assemblys  of  these 
country's,  seem  to  aim  at  an  arbitrary,  and  independant  power ; 
by  their  assumeing  the  sole  appropriation  of  money  raised  for 
the  publick  service.  Their  usual  insisting  on  passing  of  bills 
hurtfull  to  H.M.  Prerogative  and  interest,  at  the  same  time 
they  pass  money  bills.  And  by  refusing  to  give  any  salary 
at  all,  to  some  officers  of  the  Crown  ;  and  lessening  those  of 
others,  when  at  the  same  time  they  augment  the  salary  of  such 
as  they  appoint  ;  and  that  without  any  apparent  application 
for  it.  It  seems,  in  my  humble  opinion,  that  the  Assembly's, 
by  such  a  proceedure,  intend  nothing  less  than  taking  away 
the  offices  themselves  ;  or,  that  they  are  resolv'd  to  have  only 
such  officers,  as  are  of  their  own  nomination,  and  who  are  to 
have  their  entire  dependance  on  them  etc.  Refers  to  the  "  long 
and  considerable  arrear  of  H.M.  Quitt-rents  in  this  Province  ; 
and  which,  I  have  reason  to  believe,  is  owing  to  that  too  great 
caution,  heretofore  used,  not  to  displease  Assembly  men,  who, 
with  their  friends  (of  which  number  are  all  those  that  do  but 
vote  for  their  elections)  are  ;  as  I  am  credibly  inform'd,  answer- 
able for  the  greater  part  of  such  arrears  etc.  Signed,  Richd. 
Bradley.  2  pp.  Enclosed, 

743.  i.  Petition  of  Richard  Bradley,  Attorney  General  of 
New  York,  to  the  Queen,  Guardian  of  the  Kingdom 
etc.  Petitioner,  re-appointed  by  H.M.  in  1727,  has 
met  with  great  discouragements  and  been  obliged  to 
carry  on  at  his  own  expense  several  prosecutions, 
ordered  by  the  Governor  in  Council  and  Supreme 
Court  of  Judicature.  He  has  had  no  salary  paid  to 
him  ;  and  is  reduced  to  great  extremity  for  want  of 
the  £1100  thus  owing  to  him.  Prays  H.M.  to  settle 
a  salary  upon  him  etc.  and  order  the  Governor  to  pay 
his  arrears  etc.  2£  pp. 

743.  ii.  Memorial  of  Same  to  Governor  of  New  York  in 
Council.  Nov.  9,  1728.  Memorialist  had  his  salary 
paid  out  of  H.M.  quit  rents  by  order  of  the  late 
Governor,  but  since  Dec.  1724  this  has  been  refused 
on  the  grounds  that  H.M.  quit  rents  here  were  charged 
by  the  Government  at  home  with  full  as  much  or  more 
than  they  could  pay.  His  fees  for  prosecutions  have 


1729. 


AMERICA  AND   WEST   INDIES. 


393 


also  been  withheld.  Former  Attorney  Generals  had 
£150  a  year  paid  them  from  home  and  his  Letters 
Patent  grant  him  the  same  salary  and  fees  as  they 
enjoyed.  Prays  the  Governor  and  Council  to  recom- 
mend him  for  the  same  etc.  Signed,  Richd.  Bradley. 
Copy.  2  pp. 

743.  iii.  Memorial  of  the  Governor  and  Council  of  New  York 

to  the  Council  of  Trade  and  Plantations.  1st  April, 
1729.  Recommend  above  request  "  being  well 
assured  of  the  said  Attorney  General's  steady  and 
unshaken  loyalty,  as  well  as  integrity  and  diligence 
in  his  office  "  etc.  Signed,  J.  Montgomerie  and  ten 
Councillors.  1  p.  [C.O  5,  1086.  ff.  4,  4u.,  6,  13, 
13u.,  16-17  :  and  (duplicates  of  encl.  ii.  iii)  ff.  1, 
lv.,  3.]. 

May  23.  744.  Petition  of  Charles  Delafaye  to  the  Council  of  Trade 
and  Plantations.  On  behalf  of  H.M.  Colony  and  Island  of 
Jamaica,  represents  that  Governor  Hunter  has  made  repeated 
applications  to  the  Board  for  an  alteration  to  be  made  in  the 
Council,  in  order  that  he  may  get  a  quorum  more  easily  upon 
an  emergency.  Memorialist  was  in  hopes  this  difficulty  would 
in  some  measure  have  been  removed  by  the  appointment  of 
Mr.  Forbes  etc.  But  Governor  Hunter  informs  him  that  Mr. 
Ayscough  has  sold  his  estate  and  is  coming  to  England  to 
settle,  whereby  the  Council  will  be  in  the  same  condition  as  it 
was  before  etc.  Prays  them  to  recommend  William  Needham 
or  Edward  Charleton  in  his  place,  as  proposed  by  the  Governor. 
Endorsed,  Reed.,  Read  23rd  May,  1729.  l£  pp.  Enclosed, 

744.  i.  Governor  Hunter  to  Mr.  Delafaye.     Extracts  relating 

to  above,  Nov.  6,  1728,  and  March  8,  1729.  f  p. 
[C.O.  137,  18.  ff.  13-14,  16i;.] 

[May  23],  745.  Lt.  Govenor  Dummer  to  the  Council  of  Trade  and 
Boston.  Plantations.  Sept.  7,  1727.  King  George  II  was  proclaimed 
on  16th  Aug.  etc.  v.  Minutes  of  Council.  Has  kept  the  General 
Court  under  adjournment  for  settling  the  disputed  matter  of 
the  tax  etc.  Signed,  Wm.  Dummer.  Endorsed,  Reed.  9th 
Nov.,  1727,  Read  23rd  May,  1729.  Holograph.  3  pp. 
Enclosed, 

745.  i.  Minutes  of  Council  of  the  Massachusetts  Bay,  14th— 

17th  Aug.,  1727.  Endorsed,  Reed.  9th  Nov.,  1727. 
6  pp.  [C.O.  5,  870.  ff.  218-222U.,  223i;.] 

May  23.         746.     Mr.  Popple  to  Mr.  Fane.     Enclose  for  his  opinion  in 
Whitehall,     point  of  law  4  Acts  of  New  Hampshire  (i)  for  establishing  the 

proportion  of  several  towns  to  be  paid  in  the  province  tax  for  1728. 

(ii)  to  repeal  an  additional  act  to  the  act  for  punishing  criminal 


COLONIAL   PAPERS. 


1729. 


May  24. 

Boston. 


May  24. 

Boston. 


May  26. 

Kensington. 


offenders,  and  repealing  act  prohibiting  trade  with  Eastern 
Indians  (iii)  for  calling  and  electing  Assembly-men,  and  their 
qualifications  (iv)  for  regulating  the  assize  of  shingles.  [C.O. 
5,  916.  p.  199]. 

747.  Governor  Burnet  to  the  Duke  of  Newcastle.  I  am 
sensible  of  my  great  obligations  to  your  Grace  for  recommending 
dispatch  to  the  Lords  of  Trade  in  making  a  report  upon  my 
disputes  with  the  Assembly  etc.  I  hope  I  shall  deserve  the 
continuance  of  your  Grace's  protection,  and  that  the  affair 
will  be  brought  to  a  final  decision  before  the  British  Parliament, 
which  is  the  only  thing  that  can  overcome  the  obstinacy  of  this 
people.  I  have  succeeded  in  obtaining  a  salary  to  be  settled 
during  the  time  of  my  Government  in  New  Hampshire,  and 
have  now  returned  the  old  Seal  of  that  province  etc.  Signed, 
W.  Burnet.  Endorsed,  R.  24th  July.  1|  pp.  Enclosed, 

747.  i.  Copy  of  following.     [C.O.  5,  898.     Nos.  57,  57  i.] 

748.  Governor  Burnet  to  the  Council  of  Trade  and  Planta- 
tions.    Acknowledges   letter   of   Feb.    llth.     Their   Lordships' 
approbation  of  his  conduct  has  given  him  the  highest  satis- 
faction etc.     Continues  : — I   had  met  the  Assembly  again  at 
Salem,  and  they  had  again  rejected  the  consideration  of  fixing 
a  salary  before  your  Lordships  letter  came  to  my  hands  as 
appears  by  their  enclosed  votes  pag.  5.     But  since  that  they 
have  renewed  their  opposition  to  the  adjournment  to  Salem, 
pag.  13,  14,  15,  tho'  they  were  advised  by  their  friends  at  home 
that  it  was  a  point  that  could  not  be  defended,  it  having  been 
already  decided  by  his  late   Majesty.     The  town   of  Boston 
have   likewise   repeated   their   factious    proceedings    in   giving 
their    members    extraordinary    gratuities    for    their    faithfull 
services  in  opposing  the  settlement  of  a  salary.     I  thought  it 
necessary  to  keep  to  my  point  in  holding  the  Assembly  at 
Salem  as  long  as  this  spirit  prevailed  at  Boston  and  therefore 
have  issued  the  writs  for  the  new  Assembly  to  meet  at   Salem 
which  they  are  to  do  on  the  28th  of  this  month.     In  the  mean- 
time I  have  been  in  the  Government  of  New  Hampshire  where 
I  have  succeeded  in  getting  a  salary  settled  according  to  H.M. 
Instruction  during  the  time  of  my  being  in  the  Government, 
which  is  the   same   which  my  Lord  Londonderry  has  lately 
obtained  in  the  Leeward  Islands.     I  now  return  to  your  Lord- 
ships the  old  Seal  of  New  Hampshire  having  delivered  the  new 
one  to  be  made  use  of  in  that  Province.     Signed,  W.  Burnet. 
Endorsed,   Reed.    24th  July,    Read   3rd   Sept.,    1729.     2|  pp. 
[C.O.  5,  870.    ff.  267— 268*;.] 

749.  Warrant  of  Queen  Caroline  for  preparing  a  Commission 
for    Henry    Osborn,    Commander    of   H.M.S.    Squirrel,    to    be 
Governor  of  Placentia  etc.     Countersigned,   Holies   Newcastle. 
[C.O.  5,  194.    ff.  604-610.] 


AMKHIC  A    AM)    \VKST    INDIES. 


395 


1729. 
May  27. 

Whitehall. 


May  27. 

Whitehall. 


May  27. 

Whitehall. 


May  28. 


May  28. 

Whitehall. 


May  28. 

Whitehall. 


750.  Council    of    Trade    and    Plantations    to    the    Queen, 
Guardian    of   the    Kingdom    etc.     Mr.    Ayscough    having    left 
Jamaica   to   settle    in    this    Kingdom,    propose  that   Edward 
Charleton,    one    of    the    Judges    of   the    Supreme    Court,    be 
appointed  of  the  Council  in  his  stead.     [C.O.  138,  17.     pp.  271, 
272.] 

751.  Same  to  Governor  Hunter.     Acknowledge  letters  etc. 
of  24th  Aug.,  9th  Nov.,  15th  Jan.,  10th  Feb.  and  8th  March. 
Inform  him  of  their  procedure  upon  Acts  of  Jamaica  (v.   May 
14th  and  19th)  and  preceding.     [C.O.  138,  17.     pp.  273,  274.] 

751.  Council  of  Trade  and  Plantations  to  the  Queen, 
Guardian  of  the  Realm  and  H.M.  Lieut,  within  the  same.  Mr. 
James  Penhallow,  one  of  H.M.  Council  of  New  Hampshire,  not 
being  able  to  attend  his  duty  there,  by  reason  of  his  constant 
employment  at  sea,  desires  to  be  left  out  of  the  said  Council  etc. 
Propose  John  Penhallow  in  his  stead.  [C.O.  5,  916.  p.  200.] 

753.  Col.  Dunbar  to  Mr.  Popple.     Is  about  to  sail,  and  asks 
for  a  copy  of  the  Board's  report  upon  the  proposed  settlement 
near  Kennebeck  river,   in  Nova  Scotia.     Has  been  at  great 
cost  to  provide  iron  tools  for  the  people  and  provisions  for  the 
next  winter,  so  that  nothing  will  be  wanted  to  make  the  settle- 
ment with  expedition  and  ease  etc.     Is    "  ashamed  to  appear 
before  the  Board  after  the  severe  reprimand  I  have  received." 
Signed,    David   Dunbar.     Endorsed,    Reed.,    Read   28th   May, 
1729.     2  pp.     [C.O.  5,  870.    ff.  247,  247u.,  248t;.] 

754.  Council  of  Trade  and  Plantations  to  Lt.   Governor 
Armstrong.     Acknowledge  letter  of  9th  July,     "  wherein  you 
make  several  useful  observations  with  respect  to  the  state  of 
the  Province  under  your  command,  but  as  the  settling  a  civil 
Government  and  several  other  matters  in  relation  thereto  now 
lie  before  H.M.  for  his  determination,  you  may  soon  expect 
to  receive  H.M.  pleasure  thereupon.     However,  in  the  mean 
time  we  hope  you  will  send  us  constant  accounts  of  whatever 
may  happen  "    etc.     You  will  do  well  to  give  Col.  Dunbar  all 
the  assistance  and  encouragement  you  can  etc.     [C.O.  218,  2. 
pp.  156,  157.] 

755.  Mr.  Popple  to  Lt.  Governor  Went  worth.    Acknowledges 
letters  of  25th  Sept.,  1727,   20th  Feb.    and  30th  June,    1728 
etc.     Continues : — As   the   chief  subject   of  your   said   letters 
relates  to  the  difficulty  you  have  been  under  to  preserve  H.M. 
woods,  I  am  to  acquaint  you  that  my  Lords  Commissioners 
prepared  an  Act,  which  passed  the  last  Session  of  Parliament, 
for  the  preservation  of  the  woods,  and  giving  bounties  on  Naval 
Stores  etc.,  printed  copy  enclosed.     By  this  Act  proper  care 


396 


COLONIAL   PAPERS. 


1729. 


May  28. 

Whitehall. 


May  28. 

Whitehall. 


is  taken  to  obviate  the  objections  to  which  the  Act  passed  in 
his  late  Majesty's  reign,  was  liable,  with  respect  to  townships, 
where  the  inhabitants  of  some  of  the  Colonies  seem  to  set  up 
a  pretence,  and  to  exclude  H.M.  from  the  benefit  of  any  of  the 
woods  there.  As  this  Act  likewise  gives  a  bounty  upon 
importation  into  this  Kingdom  of  several  sorts  of  Naval  Stores, 
My  Lords  Commissioners  hope  you  will  endeavour  to  induce  the 
people  to  turn  their  minds  to  the  propagation  thereof.  H.M. 
has  lately  appointed  Col.  Dunbar  Surveyor  General  of  his 
woods  in  America  ;  He  is  now  set  out  in  his  way  thither,  and 
you  will  do  very  well,  at  his  arrivall,  to  give  him  all  the  encourage- 
ment, and  protection  you  can  in  the  execution  of  his  office  etc. 
My  Lords  Commissioners  are  very  well  pleased  to  find,  you 
have  refused  giving  your  assent  to  an  Act  for  creating  paper 
money ;  but  at  the  same  time  they  are  sorry  to  see  the  Assembly 
has  shewn  so  little  regard  to  H.M.,  as  to  shorten  their  allowance 
to  you,  his  Lt.  Governor,  for  having  according  to  your  duty 
adhered  to  H.M.  Instructions.  [C.O.  5,  916.  pp.  201,  202.'] 

756.  Council  of  Trade  and  Plantations  to  Governor  Burnet. 
Acknowledge  letters  of  23rd  and  24th  Jan.,   31st  March  etc. 
Continue  : — We  have  heard  what  the  Agents  from  the  Assembly 
(of  the  Massachusets  Bay]  had  to  offer  by  their  Council  against 
settling  a  fix'd  salary  upon  you,  as  likewise  Council  in  behalf 
of  H.M.  Instructions  to  you,  and  have  made  our  report  to  H.M. 
etc.     You  may  shortly  expect  to  receive  H.M.  orders  upon  this 
subject ;     and  if  the   Assembly   shall   not   comply  therewith, 
H.M.  intends  to  lay  the  state  of  the  case  before  his  Parliament 
the   next   Session.     We   have   consider'd   what   you   write   in 
relation  to  the  two  Independant  Companies  which  you  propose 
to  be  sent  to  the  Massachusets  Bay  ;    and  we  cannot  think  it 
proper  at  this  time  to  lay  such  a  proposal  before  H.M.     We 
are  glad  to  find  that  the  Assembly  have  at  last  submitted  to 
their  adjournment  to  Salem,   and  we  cannot  but  hope  they 
will  likewise  return  to  a  sence  of  their  duty  in  other  respects. 
Acknowledge   receipt   of  old    Seal    of  the    Massachusets    Bay. 
Have   recommended   John   Penhallow   for  the   Council   of  N. 
Hampshire,  who  is  not  to  be  admitted  till  an  Order  is  received 
for  that  purpose,  unless  the  number  of  Councillors  is  reduced 
to  seven.     [C.O.  5,  916.     pp.  203,  204.1 

757.  Same    to    Governor    Montgomerie.     Abstract.     Ack- 
nowledge letter  of  30th  Nov.  etc.     Enclose  report  on  act  for 
the  easier  partition  of  lands.     "  Altho'  you  might  prevail  with 
the  Assembly  to  pass  an  act  not  liable  to  our  objections ;   yet 
considering  the   consequence   of  any   act   of  this   nature,   we 
would  advise  you  not  to  give  your  assent  thereto,  unless  there 
be    a    clause   inserted   therein,    for   suspending   the    execution 
thereof  until  H.M.  pleasure  can  be  known.     We  have  considered 


AMERICA   AND   WEST   INDIES. 


897 


1729. 


May  30. 

Whitehall. 


May  30. 

Kensington. 


[May  31]. 


June  1. 

Barbados. 


what  you  wrote  with  respect  to  holding  a  Court  of  Chancery  in 
New  York,  etc.  You  ought  to  hold  Courts  of  Chancery,  when 
there  shall  be  occasion,  as  former  Governors  have  done."  Set  out, 
N.Y.  Col.  Doc.  V.  876.  [C.O.  5,  1125.  pp.  129-131.] 

758.  Mr.  Popple  to  Mr.  Fane.     Encloses  four  acts  of  New 
Jersey  ;    (i)  far    shortening  law-suits  and  regulating  the  practice 
of  the  law,  1713  ;     (ii)  acknowledging  and  recording  deeds  and 
conveyances  of  land,  1713;    (iii)/or  shortening  of  law-suits  and 
regulating  the  practice  of  the  law,  1728  ;    (iv)  concerning  the  ack- 
nowledging and  registering  of  deeds  and  conveyances  of  land  etc., 
1728.     My  Lords  Commissioners  did  some  time  since  lay  the 
two  first  of  these  laws  before  his  late  Majesty  to  be  repealed  etc. 
I  am  to  desire  your  opinion  whether  the  two  last  are  not  of  the 
same  nature  in  point  of  law  and  liable  to  the  same  objections 
etc.     Encloses  copy  of  Governor  Burnet's  Additional  Instruction 
impowering  him  to  cause  Representatives  to  be  returned  for 
Hunterdon  instead  of  Salem.     Mr.  Burnet  having  obeyed  the 
said  Instruction,  the  Assembly  confirmed  the  same  by  enclosed 
Act  for  vesting  the  right  of  election  of  Representatives  to  serve  in 
the   General  Assembly  in   the   County   of  Hunterdon  etc.,   and 
suspending  the  choice  of  the  town  of  Salem  until  some  further 
provision  be  made,  1728  etc.     I  am  to  desire  your  opinion  whether 
the  Assembly's  taking  upon  them  to  confirm  what  H.M.  has 
done  by  virtue  of  H.M.  said  Prerogative,  is  not  lessening  H.M. 
said  Prerogative.     [C.O.  5,  996.     pp.  257-259.] 

759.  H.M.    Instructions    to    Governor    Woodes    Rogers, 
together    with    Instructions    relating    to    Acts    of   Trade    and 
Navigation.     [C.O.  5,  194.    ff.  516-602.] 

760.  Petition   of  merchants   trading   to   St.    Christophers, 
on  behalf  of  themselves  and  others,  to  the  Council  of  Trade 
and  Plantations.     Pray  to  be  heard  against  an  act  of  St.  Kitts 
for  laying  duties  upon  sugar  molasses  etc.  exported  etc.,  and  an 
act  supplying  a  defect  in  said  Act,  etc.   as  30th  April  encl.  iii. 
Signed,  Hum.  Morice  and  16  others.     Endorsed,  Reed.  31st  May, 
Read  3rd  June,  1729.     2  pp.     [C.O.  152,  17.    ff.  65,  65u.,  66w.] 

761 .  Governor  Worsley  to  the  Duke  of  Newcastle.       The 
20th  April  last  I  advised  your  Grace  of  the  great  confusion 
this  island  was  in  ;    on  account  of  the  payment  of  the  2/6  levy 
etc.     Mr.  Reeve's  opinion  (v.  20th  April),  is  of  more  validity 
with    them,    then    H.M.    Instruction    etc.     Continues : — If   an 
opinion  of  a  lawyer,  can  determine  the  validity  of  law  in  this 
island,  confirmed  by  his  late  Majesty,  and  declared  to  be  in 
force  by  his  present  Majesty,  the  most  dangerous  consequences 
must  follow,  especially,  amongst  a  people  who  have  already 


398  COLONIAL   PAPERS. 

1729. 

made  several  attempts  upon  H.M.  Royall  Prerogative  etc. 
Encloses  Minutes,  showing  that,  on  the  2nd  of  last  month,  a 
representation  had  been  made  to  the  Assembly,  by  the  parish 
of  St.  Michael,  as  well  as  from  other  parishes,  which  sufficiently 
demonstrates,  that  they  preferr  a  lawyer's  opinion  to  H.M. 
Instruction,  it  likewise  sets  forth  that  their  ruin  is  threatened, 
only  for  their  complyance  with  the  first  principle  in  Nature, 
the  preservation  of  themselves  and  familys  from  utter  ruin. 
I  don't  know  what  they  mean  by  being  threatned,  for  my  own 
part,  I  never  threatned  them.  I  have  indeed  advised  them  to 
be  obedient  to  the  laws,  but  I  can't  help  observing  to  your 
Grace,  that  from  the  same  principle  of  Nature,  they  may  break 
through  all  laws,  even  of  their  own  makeing,  and  run  into 
anarchy.  There  is  but  one  Gentleman  of  the  Council,  that 
distinguishes  himself  upon  this  occasion,  and  that  is  Mr. 
Haggatt.  I  have  been  informed  that  he  laid  the  foundation 
of  the  disturbances  that  happened  in  New  England,  whilst 
Collo.  Shute  was  there.  Mr.  Haggatt  is  one  of  the  Vestry  in 
St.  Michael's  parish,  and  the  ring-leader  of  them  that  refused 
to  lay  the  apportionment  upon  the  inhabitants  of  St.  Michael's 
Town,  and  as  by  the  law,  each  Vestry  man  is  subject  to  penaltys 
for  the  refuseing,  or  neglecting  to  do  their  duty  in  laying  the 
apportionment,  he  has  been  levyed  upon,  and  his  goods  sett 
up  to  sale,  for  the  said  penaltys,  when  there  appeared  numbers 
of  people,  rather  I  believe  to  terryfie  others  from  bidding  than 
to  buy  themselves,  but  however,  nobody  has  as  yet  offered 
anything  for  them,  under  a  notion,  that  the  law  is  not  in  force, 
and  that  therefore  they  can't  have  a  good  title.  In  my  last 
letter,  I  have  mentioned  the  share  Mr.  Peers,  the  Speaker  of 
the  Assembly  has  had,  in  the  confusion  the  island  is  now  in. 
P.S.  (in  his  own  hand)  Mr.  Blenman  H.M.  Att.  Genl.  here  behaves 
very  well  for  H.M.  service.  Signed,  Henry  Worsley.  En- 
dorsed, R.  24th.  5  pp.  Enclosed, 

761.  i.  Duplicate  of  April  20  encl.  ii  (a).      [C.O.  28,  45.    ff. 
48-50,  51t> .,  52  ;    and  (duplicate  of  covering  letter  only,  endorsed, 
R.  29  July)  28,  40.     No.  3.] 

June  1.  762.  Same  to  the  Council  of  Trade  and  Plantations. 
Duplicate  mutatis  mutandis  of  above  covering  letter.  Signed, 
Henry  Worsley.  Endorsed,  Reed.  23rd,  Read  31st  July,  1729. 
5  pp.  Enclosed, 

762.  i.  Duplicate  of  April  20    encl.    ii    («).       [C.O.  28,  21. 

ff.  1-3,  4o.,  5,  to.] 

June  3.  763.  Mr.  Popple  to  Governor  Rogers.  Encloses  Mr.  Fane's 
report  "  lately  made  "  on  the  rights  of  the  Admiralty  in  the 
Bahama  Islands  (v.  6th  and  16th  May).  [This  entry  is  dated 
1732  between  entries  for  1729  and  1730.  Presuming  this  to  be 
an  error  for  1729,  it  may  have  arisen  from  the  Entry  Book 


AMERICA  AND   WEST   INDIES. 


399 


1729. 


June  3. 

Kensington. 

June  4. 

Whitehall. 


June  4. 

Whitehall. 

June  4. 

Whitehall. 


June  5. 

Whitehall. 

June  5. 

Whitehall. 


June  10. 

Whitehall. 


being  written  up  in  1732,  in  which  case  the  Clerk  might 
inadvertently  write  the  current  year  instead  of  the  date  of 
the  letter.  Ed.]  [C.O.  4,  1.  p.  188.] 

764.  H.M.    Instructions    to    Governor    Osborne.     [C.O.    5, 
195.    ff.  1-11  ;    and  5,  194.    ff.  614-648.] 

765.  Council    of   Trade    and    Plantations    to    the    Queen, 
Guardian   of  the    Kingdom  etc.     Propose  Thomas  Davers   and 
William  Leslie  for  the  Council  of  Barbados,  in  the  room  of  Mr. 
Bond  deed.,  and  Mr.  Lightfoot  gone  off  the  island  etc.     [C.O. 

29,  15.     p.  108.] 

766.  Same  to  the  Duke  of  Newcastle.     Enclose  copy  of 
deposition  of  a  master  of  a  ship  taken  by  a  pirate  to  be  laid 
before  H.M.  (v.  26th  March).     [C.O.  5,  1366.     p.  30.] 

767.  Same  to  the  Lords  of  the  Treasury.     Enclose  extract 
of  a  letter  from  Lt.  Governor  Gooch  (v.  26th  March)  giving  an 
account  of  a  barbarous  action  committed  by  a  crew  of  trans- 
ported felons,  upon  a  gentleman  of  Virginia  for  having  done 
his  duty  as  a  Justice  of  Peace.     Conclude  : — As  the  case  is  very 
deplorable,  we  think  it  proper  to  communicate  the  same  to 
your  Lordships,  that  you  may  be  pleased  to  lay  it  before  her 
Majesty  for  her  gracious  consideration.     [C.O.   5,   1366.     pp. 

30,  31.] 

768.  Mr.  Popple  to  Col.  Dunbar.     Encloses  copy  of  repre- 
sentation as  desired  28th  May.     [C.O.  218,  2.     p.  157.] 

769.  Same  to  Mr.  Scrope.     Encloses  extract  of  letter  from 
Lt.  Governor  Gooch,  26th  March,  desiring  orders  may  be  sent 
for  the  payment  of  the  boundary  Commissioners  on  behalf  of 
Virginia.     Continues : — As     this     service     was     perform'd     in 
obedience  to  H.M.  Order  in  Council,  28th  March,  1727,  and  as 
the  same  will  encourage  many  grants  of  land  and  new  settle- 
ments near  those  bounds,  to  the  great  increase  of  H.M.  revenue 
of  quit-rents  in  Virginia,  my  Lords  Commissioners  desire  you 
will    lay   the    same    before    the    Lords    Commissioners    of  the 
Treasury,  for  H.M.  orders  what  sum  shall  be  allowed  for  the 
charge  of  this  survey,  and  out  of   what  fund  the  same  shall 
be  paid.     [C.O.  5,  1366.     pp.  32,  33.] 

770.  Council    of   Trade    and    Plantations    to    the    Queen, 
Guardian  of  the  Kingdom  etc.     Offer  for  confirmation  the  act 
of  St.  Xtophers  to  subject  all  commodities  of  the  produce  of  the 
late  French  part  shipped  off  to  the  4|  p.c.  duty  etc.,  as  it  seems 
highly  reasonable  that  such  produce  should  be  subject  to  the 
same  duties  as  that  of  the  English  part.     [C.O.  153,  15.     pp. 
11,  12.] 


400 


COLONIAL   PAPERS. 


1729. 
June  12. 

Whitehall. 


June  15. 

North 
Carolina. 


June  15. 

Barbados. 


771.  Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion 
in  point  of  law  4  acts  of  Antigua  (i)for  laying  a  duty  on  all 
transient  traders,  who  dispose  of  any  goods  in  this  island,  and 
exempting  them  from  the  duty  upon  the  commodities  of  this  island 
by  them  exported  etc.  ;    (ii)  to  enable  the  freeholders  of  the  parish 
of  St.  Paul,  Falmouth  to  choose  a  vestry  for  1729  ;    (iii)  for  the 
banishment    of   several    negroe    slaves    concerned    in    the    late 
conspiracy  ;    (iv)  for  raising  a  tax  for  paying  publick  debts  and 
charges  etc.     [C.O.  153,  15.    pp.  12,  13.] 

772.  Mr.  Porter  to  the  Duke  of  Newcastle.     Refers  to  letter 
of   Jan.    24th.     Continues  :  —  Mr.    Lovick    and    the    Surveyor 
General,  one  Mr.  Edward  Moseley,  have  gon  on  roundly  to 
dispose    of    H.M.    soil,    notwithstanding    repeated    orders    of 
Governor  Everard  to  the  contrary  and  a  charge  to  Mr.  Lovick 
in   open   Council  to   obey  the   same  etc.     Signed,   E.   Porter. 
Endorsed,  R.  10th.     1  p.     [C.O.  5,  306.     No.  13  ;    and  5,  1267. 
ff.  108,  I08v., 


773.  Governor  Worsley  to  the  Duke  of  Newcastle.  The 
great  confusion,  I  lately  advised  your  Grace  that  this  island 
was  in,  on  account  of  the  payment  of  the  2s.  6d.  levy,  on  negro 
heads,  is  something  abated  ;  the  Grand  Jury  at  -the  Court  of 
Grand  Sessions,  held  for  the  body  of  this  Island,  having,  in 
their  (enclosed)  addresses  to  H.M.,  to  myself,  and  to  the  Chief 
Judge,  disapproved  of,  and  shewn  their  concern  at,  the  be- 
haviour of  some  of  their  countrymen  in  this  late  affair,  etc. 
Signed,  Henry  Worsley.  Endorsed,  R.  31st  (copy  sent  to  Mr. 
Tilson  Aug.  1st).  2  pp.  Enclosed, 

773.  i.  Address  of  the  Grand  Jury  of  Barbados  to  Governor 
Worsley.  June,  1729.  Loyalty  to  our  rightful 
Sovereign  obliges  us  to  demonstrate  a  becoming 
regard  to  his  representative  etc.  If  those  who  are 
governed  have  certain  rights  and  privileges  to  which 
they  may  justly  lay  claim,  so  too  the  Chief  Magistrate 
must  surely  be  allowed  to  have  as  good  a  title  to  what 
belongs  to  him,  especially  when  the  same  is  settled 
by  an  Act  of  the  Legislature  here,  wherein  it  is 
expressly  declar'd  too,  that  nothing  conduces  more  to 
the  general  good  of  any  people,  than  the  making  such 
honourable  provision  for  him.  Your  Excellency's 
behaviour  in  this  affair  has  rather  discovered  a  concern 
for  others,  than  yourself  etc.  An  endeavour  by  any 
means  to  violate  a  right  so  firmly  founded,  appears 
to  be  no  less  than  attempting  to  break  through  that 
very  security  by  which  alone  we  hold  our  respective 
propertys  etc.,  and  if  that  be  not  look'd  upon  as  saved 
in  one  case,  we  do  not  understand,  how  it  can  be 
expected  to  be  so  in  the  other  etc.  Signed,  as  No.  vi. 
Copy.  1  large  page. 


AMERICA   AND   WEST   INDIES.  401 

1729. 

773.  ii.  Duplicate  of  preceding. 

773.  iii.  Address  of  the  Grand  Jury  to  the  King.  June, 
1729.  Express  utmost  loyalty,  and  praise  his  heroic 
virtues  and  wise  counsels  etc.  Notwithstanding  the 
hasty  and  unguarded  behaviour  of  some  of  our 
countrymen  in  a  late  instance  etc.,  which  we  hope  did 
not  proceed  from  any  disloyal  principle  etc.,  we  may 
say  that  there  are  not  in  any  of  H.M.  Dominions 
subjects  more  sincerely,  and  avowedly  attach'd,  to 
your  royal  person  and  illustrious  family,  than  in 
this  Colony  etc.  Signed,  as  preceding.  Copy.  1  large  p. 

773.  iv.  Address  of  Same  to  Chief  Justice  John  Frere.  Praise 
the  integrity  and  strict  impartiality  with  which  he 
has  discharged  his  trust.  Since  he  inherited  his  large 
estate,  he  has  devoted  himself  to  fitting  himself  to 
be  of  service  to  the  public  etc.  Wish  that  all  their 
countrymen  would,  in  pursuance  of  his  wholesome 
advice  and  example,  outvie  each  other  in  the  honest 
discharge  of  their  duties,  since  there  is  nothing  else 
wanting  to  make  them  a  flourishing  and  happy  people 
etc.  Signed  as  preceding.  Copy.  1  large  p. 

773.  v.  Duplicate  of  preceding. 

773.  vi.    Original  of  No.  i.     Signed,  John   Downes,  Michael 

Terrill,  Samson  Wood,  Jos.  Palmer,  Nicholas  Wilcox, 
Archd.  Carmichaell,  John  Battaley,  John  Parkes, 
Joseph  Bayley,  Jona.  Francklin,  Benja.  Smith,  John 
Chase,  Eras.  Phillips,  Era.  Pile,  James  Oistine, 
J.  Combes,  Samuell  Mayhew.  1  large  p.  [C.O.  28,  45. 
ff.  54,  54z;.,  55i>.,  56,  57,  58v.,  59,  60t;.,  61,  62t>.,  63, 
64u.,  65]. 

June  15.        774.     Governor    Worsley    to    the    Council    of    Trade    and 
Barbados.    Plantations.     Duplicate  of  preceding  covering  letter,  mutatis 
mutandis.     Signed,    Henry   Worsley.     Endorsed,    Reed.    29th, 
Read  31st  July,  1729.     2  pp.     Enclosed, 

774.  i.-iii.  Duplicates  of  encl.  i.,  iii.,  iv.,  preceding.     [C.O. 

28,  21.    ff.  7,  7v.,  Sv.-llv.]. 

June  16.  775.  Mr.  Morice  to  [?  the  Duke  of  Newcastle].  In  obedience 
Mincing  to  your  Grace's  commands  I  send  this  to  acquaint  you,  that  I 
Lane-  have  discoursed  severall  merchants  trading  to  Jamaica,  con- 
cerning the  advices  they  have  received  from  that  Island,  in 
relation  to  the  imbargoe  laid  on  all  merchants'  shipps  there, 
and  I  have  spoken  with  a  gentleman,  who  came  over  passenger 
in  the  Deale  Castle  man  of  warr,  and  by  all  acctts.  I  am  informed, 
that  it  is  the  opinion  of  the  concerned  in  the  trade  to  Jamaica, 
that  Governor  Hunter  will  continue  the  imbargoe  etc.  untill  he 
receives  letters  from  one  of  H.M.  Secretarys  of  State,  that 
matters  are  accomodated  with  the  Spanyards  etc.  I  found  the 

C.P.XXXVI— 86 


402 


COLONIAL   PAPERS. 


1729. 


June  17. 


June  17. 

Whitehall. 

June  17. 

Whitehall. 


June  17. 

Whitehall. 


June  17. 

Kensington. 


Jamaica  merchants  under  great  uneasiness  and  discontent, 
to  have  shipps  and  effects  detained  etc.,  by  which  they  will  not 
probably  saile  from  that  island  before  the  tempestuous 
hurricane  season  comes  on  in  the  West  Indies,  besides  they 
will  have  a  winter  passage  home,  and  loose  the  benefitt  of  the 
early  market  for  their  sugars  etc.  in  England,  and  by  the  late 
return  of  their  shipps  home,  be  deprived  of  an  opportunity  to 
export  the  comoditys  of  the  growth  of  Jamaica  to  forreigne 
parts.  These  are  the  unfortunate  circumstances  of  the  traders 
to  Jamaica,  who  were  full  of  complaints  of  this  nature,  and 
with  difficulty  I  prevailed  on  the  gentlemen  of  all  denominations 
and  distinctions  to  referr  it  to  mee,  to  draw  up  a  proper  repre- 
sentation of  this  affaire  to  be  laid  before  H.M.  wch.  I  will  get 
etc.,  prepared  and  signed  to-morrow  etc.  Signed,  Hum.  Morice. 
Holograph.  2£  pp.  [C.O.  137,  47.  No.  9.] 

776.  Petition    of   merchants    of   London    trading    to    and 
interested  in  Jamaica  to  the  Queen.     Upwards  of  100  sail  of 
merchant  ships  are  detained  by  the  imbargo  at  Jamaica  etc. 
as  preceding.     Pray  that  instructions  may  be  sent  to  Governor 
Hunter  to  raise  it,  and  that  measures  may  be  taken  for  the 
protection  of  the  island  and  its  trade  etc.     Signed,  Hum.  Morice 
and  7  others.     1  large  p.     [C.O.  137,  47.     No.  10.] 

777.  Mr.    Popple    to    Mr.    Carkesse.     Requests    reply    to 
enquiry  of  20th  May.     [C.O.  195,  7.     pp.  243,  244.] 

778.  Council    of   Trade    and    Plantations    to    the    Queen, 
Guardian  of  the  Kingdom  etc.     Offer  for  confirmation  Act  of 
St.  Xtophers,  1724,  for  building  a  court  house  etc.     [C.O.  153, 
15.     p.  14.] 

779.  Same   to  the   Duke   of  Newcastle.     Enclose   extract 
from  Governor  Lord  Londonderry's  letter,   5th  April,   to  be 
laid  before  the  King.     Autograph  signatures.     Endorsed,  Copy 
sent  to  Lord  Townshend  the  20th.     1  p.     Enclosed, 

779.  i.  Extract  from  letter  referred  to  in  preceding,  relating  to 

the  capture  of  the  pink  Pheasant  by  a  Spanish  privateer. 
1|  pp.  [C.O.  7,  1.  Nos.  32,  32  i;  and  (without 
enclosure)  153,  15.  p.  15.] 

780.  Duke  of  Newcastle  to  Governor  Hunter.     I  received 
the  favour  of  your  letter  of  the  3rd  of  last  month  etc.,  and  laid 
them  before  the    Queen  who  very  much  approved  your  zeal 
for  H.M.  service,  and  for  the  security  of  the  Island  ;    But  Her 
Majesty  could    have    wish'd  that  the   dispositions  you  have 
made  for  that  purpose  had  not  given  so  great  an  alarm,  as 
you  will  find  they  have  done  by  the  inclos'd  Memorial  etc.  (v. 
supra  No.  776).     Continues  : — Her  Majesty  has  yet  no  certainty 


AMERICA   AND   WEST   INDIES. 


403 


1729. 


what  the  Spaniards  may  undertake,  but  as  their  design  upon 
Jamaica  seems  at  present  to  be  suspended,  H.M.  would  have 
you  upon  receipt  of  this  letter  immediately  discharge  all  the 
merchant  ships,  if  you  have  not  before  done  it.  And  tho' 
you  are  to  continue  all  the  necessary  precautions  for  your 
safety,  yet  you  are  to  take  particular  care  to  do  nothing  that 
may  interrupt  the  Trade,  and  that  no  burthen  may  be  laid 
upon  H.M.  trading  subjects  that  is  not  absolutely  necessary ; 
You  are  also  to  be  very  carefull  not  to  give  any  unnecessary 
alarm,  the  avoiding  of  which  you  will  find  was  particularly 
recommended  by  H.M.  orders  of  17th  Feb.  etc.  I  had,  before 
the  King's  departure  for  Hanover,  yours  of  the  15th  January, 
which  I  laid  before  His  Majesty,  who  observed  with  great 
satisfaction  the  measures  you  had  then  begun,  in  order  to  provide 
for  the  safety  of  the  Island  in  case  of  any  attempt  upon  it  by  the 
Spaniards,  and  was  very  well  pleas'd  with  the  readiness  which 
the  Council  of  State  and  Council  of  War  showed  in  doing  all 
that  depended  upon  them  towards  it.  The  account  you  sent 
of  the  Ordnance  stores  then  in  the  Island,  and  what  was  wanting 
was  immediately  referred  to  the  Board  of  Ordnance  here,  whose 
report  upon  it,  which  goes  inclosed,  having  been  approved  by 
the  King,  they  were  directed  forthwith  to  send  you  such  stores 
as  were  necessary,  to  be  furnished  from  hence,  according  to  the 
inclosed  list  annext  to  their  report,  and  they  were  accordingly 
sent  away  the  6th  of  this  month  ;  the  Officers  of  the  Ordnance 
having  annext  another  list,  which  is  also  inclosed,  of  such 
stores  as  may  with  greater  ease  and  expedition  be  provided 
upon  the  spot,  you  will  procure  them  there,  if  you  have  not 
already  done  it.  H.M.  concern  for  the  preservation  of  so 
valuable  a  part  of  His  Dominions  in  America,  has  induced  him 
at  this  time  to  furnish  you  with  this  supply  out  of  His  own 
stores,  yet  you  are  to  observe,  that  this  is  a  thing  pretty 
unusual,  and  for  which  no  provision  is  made  by  the  Parliament, 
it  being  to  be  understood  that  H.M.  Plantations  abroad  are, 
especially  the  most  considerable  of  them,  to  provide  themselves 
with  such  necessarys  for  their  defence.  Signed,  Holies  New- 
castle. Copy  and  Draft.  3  pp.  [C.O.  137,  53.  ff.  162-163, 
164-165.] 

June  18.  781 .  Governor  Sir  R.  Everard  to  the  Duke  of  Newcastle. 
Refers  to  letter  of  April  7th.  Restates  complaint  against  Mr. 
Lovick  and  Moseley  (v.  Jan.  24th  and  June  15).  Con- 
tinues : — Mr.  Lovick  being  thirsty  after  an  unreasonable  gain, 
and  to  make  the  most  of  his  office  before  the  King's  authority 
took  place,  has  had  no  regard  to  my  orders,  and  my  Council 
not  taking  proper  methods  in  concurrence  with  me  as  desired 
to  suppress  him,  and  there  being  no  further  expedient  left  in 
me  to  prevent  so  unjust  a  practice  etc.,  I  once  more  apprize 
your  Grace  with  it.  Lovick  continues  hourly  to  fill  up  and 


North 
Carolina. 


404  COLONIAL   PAPERS. 

1729. 

give  out  warrants  and  patents  for  large  baronys  of  lands  and 
this  Moseley  etc.  has  lately  surveyed  for  himself  20,000  acres 
lying  contiguous  on  the  head  of  a  river  called  Trent  etc.,  and 
20,000  acres  for  a  gentleman  in  Virginia,  in  one  body  of  land 
on  the  northern  parts  of  this  Governmt.,  for  which  warrants 
were  procured  by  the  help  of  ready  cash  out  of  the  Secretary's 
Office  etc.  Such  proceedings  has  been,  and  will  be  very 
destructive  to  the  settlement  of  this  place,  and  the  means  to 
prevent  many  hundred  poor  people  taking  up  small  tracts  of 
land  at  a  reasonable  price,  that  now  will  be  obliged  to  purchase 
the  same  at  second  hand  and  at  a  dear  rate,  for  that  is  the  view 
in  taking  up  such  unreasonable  bodys  of  land  in  this  country, 
which  in  respect  to  its  situation,  to  the  French  and  Spaniards 
on  the  Messicippy,  and  the  numerous  savages  living  near  us 
may  prove  very  fatal  in  the  end.  I  am  lately  informed  not- 
withstanding the  great  exactness  I  have  used  on  all  occasions 
etc.,  to  demonstrate  my  affection,  duty  and  loyalty  to  his  late, 
as  well  as  present  Majesty ;  yet  it  seems  this  Lovick,  Gale 
Chief  Justice  and  one  William  Little  his  son  in  law,  agreeable 
to  their  wonted  practice,  have  either  sworn,  or  suborn'd  others 
to  swear  a  matter  against  me,  as  though  I  were  disaffected  to 
our  ever  happy  and  blessed  establishment  in  the  most  illustrious 
House  of  Hanover.  But  the  particulars  etc.  I  am  at  a  loss  to 
judge,  having  in  writing  demanded  a  copy,  as  your  Grace  will 
perceive  by  the  enclosed  Speech  to  my  Council,  but  to  this 
day  I  cannot  obtain  any.  This  sort  of  treatment  my  pre- 
decessor Mr.  George  Burrington  received  till  by  dint  of  swearing 
and  forswearing  they  prevailed  with  the  Lords  Props,  to 
remove  him,  and  soon  after  it  was  my  hard  fate  to  succeed  in 
his  station,  though  had  their  Lordships  then  known,  as  I  believe 
they  do  since,  what  little  veracity  ought  to  be  put  on  what 
those  persons  swore,  much  less  on  what  they  said,  Mr. 
Burrington  had  not  fallen  under  their  Lordships'  displeasure, 
etc.  Three  more  flagrant  villains  never  came  out  of  the 
condemned  hole  in  Newgate  for  execution  at  Tyburn  ;  there- 
fore agreeable  to  the  prayer  of  the  people  from  all  quarters  of 
this  country  etc.,  I  desire  your  Grace  will  be  instrumental  in 
preventing  their  holding  any  posts  or  office  of  profit  or  trust, 
when  we  arrive  to  the  happiness  of  living  under  H.M.  auspicious 
Government  etc.  Signed,  Richd.  Everard.  Endorsed,  R.  10th. 
Addressed.  Sealed.  2f  pp.  Enclosed, 

781.  i.  Governor  Everard's  Speech  to  the  Council  of  N. 
Carolina,  referred  to  in  preceding.  Copy.  April  1st, 
1729.  3  pp.  [C.O.  5,  306.  ff.  31-34*;. ;  and  (duplicate 
of  covering  letter  endorsed,  R.  Feb.  3,)  5,  308.  No.  3 ; 
and  5,  1267.  ff.  100-lOlt;.,  102w.-105i?.] 

June  20.        782.     B.  Wheelock  to  Lt.   Governor  Pitt.     In  absence  of 
Whitehall.     Mr.  Popple  acknowledges  letter  of  llth  Nov.     Continues:— 


AMERICA   AND   WEST   INDIES.  405 

1729. 

My  Lords  Commissioners  congratulate  you  on  your  safe  arrival 
in  your  Government.  Whenever  you  shall  at  large  explain 
to  their  Lordships  any  difficulties  you  may  labour  under  relating 
to  the  administration  of  Justice,  they  will  be  ready  to  give 
you  the  best  advice  and  assistance  they  can  etc.  They  desire 
that  you  will  at  the  same  time  let  them  have  a  full  state  of  the 
islands  under  your  Government,  in  answer  to  the  annexed 
queries.  [C.O.  38,  8.  pp.  144,  145]. 

June  20.  783.  Council  of  Trade  and  Plantations  to  the  Lords  of  the 
Whitehall.  Committee  of  the  Privy  Council.  Upon  order  of  30th  April 
referring  back  their  reports  upon  3  acts  of  the  Leeward  Islands 
for  settling  additional  salaries  on  the  Governor  etc.,  they  have 
heard  the  merchants  by  their  Counsel  upon  their  petition 
against  two  of  the  said  acts  (of  Antigua  and  Nevis),  and  have 
also  received  from  several  merchants  trading  to  St.  Christophers 
a  petition  praying  to  be  heard  against  two  acts,  for  laying  certain 
duties  upon  sugars  etc.  and  other  goods  of  the  growth  and  manu- 
facture of  the  island  to  be  exported,  etc.,  passed  19th  Sept.  last, 
and  an  act  for  supplying  a  defect  in  that  act.  Continue  : — The 
objections  of  the  merchants  against  these  acts  in  substance 
were,  that  altho'  the  duties  in  question  were  laid  upon  the 
produce  of  these  islands,  yet  the  time  appointed  for  collecting 
them  being  at  their  shipping,  they  were  paid  by  the  masters 
of  the  ships  and  became  a  charge  upon  the  merchants.  That 
the  collection  of  these  duties  requiring  a  new  clearing,  besides 
that  from  the  naval  officer,  frequently  occasioned  a  delay  in 
the  voyage,  and  was  an  impediment  to  the  Navigation  of  Great 
Britain,  from  whence  they  inferr'd  that  these  duties  were 
contrary  to  H.M.  24th  Instruction  etc.,  and  therefore  prayed 
the  said  acts  might  be  repealed  etc.  They  offered  some  obser- 
vations of  less  moment,  in  relation  to  oaths,  penalties  and 
informalities  in  wording  and  passing  the  said  acts.  To  which 
it  was  answered  by  the  Counsel  for  the  acts,  that  his  late  Majesty 
had  formerly  confirmed  an  act  of  St.  Christophers,  to  the  same 
effect  with  this,  in  which  the  duty  laid  was  %d.  higher,  which 
subsisted  for  the  space  of  seven  years,  without  any  complaint 
made  against  it,  and  that  therefore  these  acts  were  not  of  an 
unusual  nature  or  to  be  deemed  contrary  to  H.M.  24th 
Instruction  ;  that  far  the  greatest  part  of  the  produce  of  the 
Leeward  Islands,  was  shipped  on  account,  and  at  the  risque 
of  the  Planters,  and  not  of  the  merchts.,  and  that  whatever 
part  might  belong  to  the  merchts.,  as  it  arose  from  the  sale  of 
British  goods  there,  it  was  reasonable  to  suppose  the  price  of 
those  goods  was  raised  in  proportion  to  the  amount  of  the  said 
duty,  and  consequently  the  merchts.  would  be  no  loosers  by 
these  acts  ;  as  also  that  the  said  duty  was  in  itself  of  very 
small  consequence,  not  amounting  to  the  fiftieth  part  of  a  penny 
upon  a  pound  of  sugar.  However,  it  appearing  to  us,  that 


406 


COLONIAL   PAPERS. 


1729. 


June  20. 

Whitehall. 


June  20. 

Whitehall. 


June  20. 

Whitehall. 


June  20. 

Whitehall. 


antient  debts  due  to  the  merchts.,  if  there  be  any  standing 
out,  will  be  affected  by  these  duties  in  the  manner  they  are 
now  laid,  and  that  the  method  of  collecting  them  may  possibly 
be  some  impediment  to  Navigation  ;  it  were  to  be  wished, 
agreeable  to  the  desire  of  the  merchts.,  that  these  duties  had 
been  laid  and  made  collectable  upon  the  Planters  ;  But  as  the 
immediate  repeal  of  these  acts  might  be  attended  with  great 
confusion  and  inconveniencies,  and  as  the  objections  go  to  the 
method  of  collecting  and  not  to  the  duties  themselves,  we  would 
propose  to  your  Lordships,  that  these  acts  may  lye  by,  and 
that  the  Earl  of  Londonderry  be  directed,  as  soon  as  may  be, 
to  pass  others  in  their  stead,  whereby  these  duties  may  be 
charged  and  collected  upon  the  Planters,  before  the  said  com- 
modities shall  be  removed  off  the  premisses  where  they  grow 
or  where  manufactured,  which  we  conceive  would  as  effectually 
provide  for  the  support  of  the  Govr.,  and  not  be  lyable  to  the 
merchts.  objections  ;  and  if  your  Lordships  should  be  of  the 
same  opinion,  we  shall  write  to  the  Lord  Londonderry 
accordingly.  We  have  computed  the  value  of  the  summs 
granted  to  the  Earl  of  Londonderry  by  these  acts,  and  find  it 
amounts  to  £2,666  13s.  4d.  sterling.  [C.O.  153,  15.  pp.  16-22.] 

784.  Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion  in 
point  of  law,  act  of  Montserrat  for  granting  to  H.M.  certain  duties 
upon  liquors  and  house-rent  in  Plymouth  and  mills  in  this  island 
for  the  payment  o/£600  per  annum  in  the  species  of  gold  or  silver 
to  H.E.  etc.     [C.O.  153,  15.    p.  23.] 

785.  Same  to  Same.     Encloses  3  other  acts  of  Montserrat, 
(i)  for  establishing  a  Court  of  King's  Bench  and  Common  Pleas 
and  a  Court  of  errors  etc.  ;   (ii)  an  act  of  settlement  and  limitations 
for  avoiding  suits  at  law;  (iii)  for  the  encouragement  of  artificers 
and  labourers  to  recover  debts  not  exceeding  six  pounds.      [C.O. 
153,  15.     p.  24.] 

786.  Same  to  Same.     Encloses  4  acts  of  St.  Christophers, 
(i)  for  raising  a  tax  on  negroes  for  erecting  a  Court-house  in  the 
Town  of  Basseterre,  and  to  oblige  the  Secretary  and  other  officers 
to   keep  their  offices  there,  and  repealing  the  act  of  1724  etc.  (v. 
17th  June,  1729) ;    (ii)  for  raising  a  tax  on  slaves  and  house- 
rents  for  building  a  wall  to  complete  Charles  Town,  and  for  repairing 
the  same  fort  and  other  fortifications  etc.  ;    (iii)  for  establishing  a 
market  at  the  Town  of  Basseterre,  Old  Road,  Sandy  Point,  and 
Deep  Bay,  and  ascertaining  the  prices  of  beef,  mutton,  veal,  pork 
and  turtle  ;    (iv)  to  regulate  the  militia  etc.     [C.O.  153,  15.    pp. 
25,  26.] 

787.  Council   of  Trade  and   Plantations   to  the  Duke   of 
Newcastle.     Enclose    extracts    of    Governor    Worsley's    letter 


AMERICA  AND   WEST  INDIES. 


407 


1729. 


June  20. 

Whitehall. 


and  enclosures,  April  20th  last.  Conclude  : — Your  Grace  will 
perceive  by  this  letter  etc.  the  confusion  to  which  that  island 
is  likely  to  be  brought,  part  of  the  inhabitants  having  already 
refused  to  pay  the  levy,  appointed  by  law  for  the  payment  of 
the  Govrs.  salary  and  for  other  publick  services  upon  a 
supposition  that  the  said  law  is  determined.  As  that  seems 
to  us  to  be  a  matter  of  very  great  consequence,  we  desire  your 
Grace  will  please  to  lay  the  same  before  Her  Majesty.  [C.O. 
29,  15.  p.  109.] 

788.  Same  to  Lt.  Governor  Gooch.  Acknowledge  letter 
etc.  of  26th  March.  Continue  : — We  are  very  sorry  to  hear  of 
the  quarrel  between  the  two  Indian  Nations,  but  we  hope  you 
will  use  your  best  endeavours  to  reconcile  them,  to  prevent  the 
consequences  which  may  attend  other  Indian  Nations  being 
drawn  into  their  quarrel.  We  have  inclosed  to  the  Lords 
Commissioners  of  the  Treasury  an  extract  of  your  letter  relating 
to  Mr.  Lee  etc.  (v.  4th  June),  and  as  we  have  represented  the 
hardships  of  this  gentleman's  case,  we  hope  H.M.  will  extend 
his  royal  bounty  to  a  person  who  has  suffered  for  having 
discharged  his  duty  ;  you  will  do  well  upon  this  occasion  to 
use  your  utmost  endeavours  to  find  out  the  persons  concern'd 
in  this  villainous  action,  that  they  may  be  prosecuted  with  the 
utmost  severity  of  law.  We  have  likewise  recommended  the 
paying  of  the  boundary  Commissioners  etc.  (v.  5th  June),  so 
that  you  may  shortly  expect  to  receive  H.M.  orders  with  respect 
thereto.  We  have  considered  what  you  write  with  respect  to 
the  want  of  regulation  in  the  Militia,  and  we  think  you  have 
done  very  well  to  appoint  an  Adjutant,  to  instruct  them  in  the 
use  and  exercise  of  their  arms,  that  they  may  prove  a  sufficient 
guard  against  any  attempts  of  the  Indians  or  the  intestine 
insurrections  of  slaves  or  convicts.  Mr.  Fitzwilliams  having, 
by  his  petition,  desired  that  his  appointment  of  the  Councils 
of  Virginia,  South  Carolina  and  Jamaica,  may  be  renewed, 
we  have  proposed  the  same  to  H.M.,  and  as  to  the  dispute 
which  you  mention  concerning  this  gentleman's  sitting  as 
Judge  in  the  General  Court,  we  think,  as  the  law  of  Virginia 
appoints  the  Councel  Judges  of  this  Court,  his  being  appointed 
by  virtue  of  H.M.  warrant  entitles  him  to  the  same  privileges 
as  any  of  the  other  Councillors  appointed  by  H.M.  Instructions. 
There  having  been  a  law  passed  this  last  Sessions  of  Parliament 
for  repealing  the  clause  which  prohibited  the  importation  of 
stript  tobacco,  that  part  of  your  letter  in  relation  thereto,  does 
not  at  present  require  any  answer.  We  have  sent  to  his  Grace 
the  Duke  of  Newcastle  a  copy  of  the  deposition  of  the  master 
of  a  ship  taken  by  a  pirate  etc.  (v.  26th  March,  4th  June).  On 
the  death  of  Mr.  Beverly  we  should  have  propos'd  Thomas 
Corbin  Esq.  to  have  supply'd  his  place  in  the  Council  of  Virginia, 
had  it  not  been  for  your  particular  caution  against  him.  He 


408  COLONIAL   PAPERS. 

1729. 

has  been  very  strongly  recommended  to  us  as  a  person  every 
way  qualify'd  to  serve  H.M.  in  that  station,  and  therefore  we 
shall  expect  by  the  first  opportunity  your  reasons  against  him 
at  large,  and  in  the  mean  time  we  do  not  intend  to  propose  any 
person  to  H.M.  to  fill  up  the  said  vacancy.  Upon  this  occasion, 
we  observe  the  name  of  Gowen  Corbin  inserted  in  the  list  of 
persons  whom  you  have  recommended  to  supply  vacancies  in 
the  Council,  and  a  complaint  having  been  made  in  the  year 
1711  against  the  said  Corbin,  for  clearing  a  ship  in  Virginia  by 
virtue  of  Her  late  Majesty's  sign  manual,  which  had  been 
erased,  we  send  you  here  inclos'd  copies  of  such  papers  as  made 
the  same  appear  to  this  Board,  that  you  may  enquire  whether 
ever  the  said  Gowin  Corbin  cleared  his  innocency  in  that  case. 
As  to  that  part  of  your  letter  wherein  you  desire  directions 
about  the  Spotsylvania  lands  ;  and  complain  of  the  great  want 
of  a  lighthouse  at  Cape  Henry,  we  sent  you  our  sentiments 
22nd  May,  duplicate  enclosed.  [C.O.  5,  1366.  pp.  33-38]. 

June  23.        789.     Lt.  Governor  Armstrong  to  the  Council  of  Trade  and 
Annapolis    Plantations.     Having  received  a  letter  from  Mr.  Popple  last 
Royal.      summer  signifying  that  a  body  of  Instructions  was  a  preparing 
for  Govr.  Philipps,  I  thought  fitt  to  wait  to  this  time  giving  your 
Lordships  any  further  trouble,  but  perceiving  now  that  half 
the  summer  is  elaps'd  without  any  prospect  of  news  and  that 
this  Province  is  in  great  disorder  etc.,  I  beg  some  advice  and 
instructions  how  to  govern  myself  in  the  interim,   since  the 
Governmt.  which  was  settled  here  by  a  Council  is  quite  unhing'd 
thro'  death  desertion  or  other  casualties  nor  am  I  able  to  fill 
up  the  vacancys,  here  being  no  settled  inhabitants  fitt  for  that 
office  untill  I  can  have  H.M.  directions  for  that  purpose,  in 
the  mean  time  I  beg  leave  to  proceed  to  acquaint  your  Lord- 
ships with  the  most  material  occurrences  in  this  Province  since 
my  last,  which  your  Lordships  will  find  to  be  nothing  else  but 
a  continued   series  of  insults    committed  agst.   me  thro  the 
malice  of  some  people  who  are  abetted  and  encouraged  by  the 
favour  and   countenance  of  Major  Cosby,   Lt.   Govr.   of  this 
Garrison,  who  forgetting  his  character  and  dignity  has  con- 
desended  to  become  a  party  in  the  malicious  contrivances  of 
enemys,  who  without  any  regard  to  truth  or  justice  or  H.M. 
service  have  obstructed,   vilifyed  and  misrepresented  all  my 
actions.     The  first  person  I  shall  take  notice  of  for  his  notorious 
insolence  is  Monsr.  Bresley  the  Popish  Priest  of  this  River, 
who  having  for  some  time  past  endeavoured  to  withdraw  the 
people  from  their  dependence  on  H.M.  Government  by  assuming 
to  himself  the  authority  of  a  Judge  in  civil  affairs  and  employing 
his  spiritual  censures  to  force  them  to  a  submission,  his  insolence 
and    tyranny    growing    at    last     insupportable    I    sent    the 
Adjutant  to  him  to  his  house  which  stands  a  little  way  from 
the  fort  to  desire  to  speak  wth.  him,  but  his  intellegence  proved 


AMERICA  AND   WEST   INDIES.  409 

1729. 

so  good  tho'  no  body  was  acquainted  therewith  but  Major 
Cosby  that  before  the  Adjutant  could  reach  his  house  he  was 
gone  off  and  has  ever  since  absconded  somewhere  in  the  woods 
about  this  River  among  the  Indians,  pursuing  his  former 
practices  of  obstructing  H.M.  service  and  exciting  the  savages 
to  mischief,  to  prevent  which  I  thought  proper  by  an  order 
published  at  the  Mass  house  to  command  him  to  be  gone  out 
of  the  Province  in  a  month's  time  ;  The  Sieur  Mangeant  (a 
French  Gentn.  whom  I  found  at  my  arrival  here  under  the 
protection  of  the  Government  and  had  taken  the  oaths  to  H.M.) 
I  employed  for  to  read  the  same  to  them  in  French,  in  the 
presence  of  the  Fort  Major  Mr.  Wroth  and  some  other  Gentle- 
men, which  having  done,  as  they  were  returning  back  to  make 
me  a  report  amongst  a  crowd  of  people  they  happend  to  meet 
Major  Cosby  ye  Lieut.  Govr.  on  the  high  way,  who  without 
any  provocation  insulted  and  abused  the  said  Mangeant,  who 
had  no  other  way  to  avoid  his  fury  which  had  like  to  have 
pushed  him  to  committ  the  greatest  violence  but  by  retireing 
from  him  in  haste.  Major  Cosby  sent  me  immediately  a  com- 
plaint against  the  said  Mangent  alledging  that  he  had  affronted 
him  by  grinning  or  laughing  in  his  face,  whereupon  I  assembled 
the  Officers  and  examined  strictly  the  witnesses  that  were 
present  when  the  disorder  happened  etc.  (v.  encl.  i.)  I  found 
Mr.  Cosby's  allegations  to  be  frivolous  and  groundless,  and  the 
true  reason  of  the  affront  and  insult  to  proceed  from  his  resenting 
the  service  Mr.  Mangeant  had  done  H.M.  by  reading  and 
publishing  my  orders  to  the  people  against  their  departing  the 
Province  without  leave  and  against  Mr.  Breley  the  Popish 
Preist  whose  cause  he  avowedly  espouses  merely  in  oppossition 
to  me,  which  has  carried  him  such  lengths  that  its  impossible 
H.M.  service  can  be  advanced  or  promoted  while  he  remains 
in  the  station  he  is  in  and  this  Province  at  last  must  be  rent 
and  torn  by  partys  and  factions.  He  has  tampered  with  the 
Officers  to  join  with  him  to  wrest  my  authority  and  command 
of  the  troops  from  me  of  wch.  I  sent  proofs  last  summer  to 
H.M.  Secretary  at  Warr,  and  could  send  now  other  proofs  that 
he  persists  in  the  same  resolution  if  the  moderation  of  the 
Officers  in  refusing  to  join  with  him  in  any  mutiny  did  not 
discourage  his  attempts.  I  beg  humbly  to  apply  myself  to 
your  Lordships  for  Justice  etc.  Continues : — I  hope  your 
Lordships  will  represent  to  H.M.  the  inconveniencys  that 
must  always  attend  this  province  by  the  separating  the  two 
Commissions  of  Lieut.  Governour  of  the  Province  and  Lieut. 
Govr.  of  the  Fort,  for  if  Major  Cosby's  pretensions  are  just  and 
that  he  absolutely  commands  the  Garrison,  he  must  likewise 
command  the  troops  by  which  means  the  Lieut.  Govr.  of  the 
Province  notwithstanding  the  Broad  Seal  Commission's 
devolving  upon  him  can  have  only  a  precarious  power  depending 
upon  another  since  it's  certain  that  H.M.  besides  the  troops 


410  COLONIAL   PAPERS. 

1729. 

has  not  three  Protestant  subjects  settled  in  the  Province, 
whereas  the  French  Papists  increase  are  very  numerous  and 
are  only  to  be  awed  and  governed  by  the  troops  and  are  to  a 
man  disaffected.  The  next  thing  I  am  to  observe  is  the  conduct 
of  the  Collector  whose  contempt  and  disrespect  to  the  Govern- 
ment is  notorious  for  on  his  arrival  here  with  Major  Cosby  in 
the  fall  of  the  year  1727  notwithstanding  the  trade  to  Mines 
at  that  time  was  prohibited  by  and  with  the  advice  of  H.M. 
Council,  he  gave  permitts  to  several  vessells  to  load  and  unload 
there  in  defyance  of  H.M.  authority  vested  in  the  Governour 
and  Council.  Last  summer  he  seized  2  fishing  vessells  at 
Canso  etc.  (v.  encl.  ii).  Continues  /—Your  Lordships  may 
observe  that  he  makes  no  other  charge  against  the  schooner 
but  for  illegally  importing  tobacco,  by  which  I  suppose  he 
must  mean  that  the  master  had  shipp'd  it  on  board  before  he 
had  given  in  bond  according  to  law.  I  am  afraid  the  Collector 
has  been  a  little  too  rigid  since  I  can't  see  that  the  Master 
designed  any  fraud  New  England  tobacco  paying  no  duty  here 
outwards  or  inwards  and  the  Collectors  often  give  bills  of 
store  for  greater  quantitys  and  its  certain  he  might  have  obliged 
said  schooner  to  have  given  in  bond  to  the  Commanding  Officer 
at  Canso  which  is  often  the  first  place  these  coasting  New 
England  fishermen  touch  at  where  they  can  meet  with  a  proper 
Officer  to  take  bonds  for  enumerated  goods.  As  to  the 
briganteen,  all  I  have  to  say  is  only  this  that  after  the  Collector 
had  obtained  an  Order  and  pursuant  thereunto  had  appraized 
the  cargo  instead  of  returning  the  same  to  claimer  on 
paying  the  value  according  to  the  appraizemt.  as  has 
always  been  the  custom  here,  he  sold  and  disposed 
thereof  to  the  highest  bidder  by  publick  vendue,  which 
proceedings  I  can't  think  your  Lordships  will  aprove  of 
since  their  tendency  must  prove  very  prejudicial  to  H.M.  intrest 
by  discourageing  a  place  of  so  much  importance  to  the  trade 
and  wealth  of  Great  Britain  in  its  very  infancy,  but  in  this  I 
can  bear  no  blame  since  your  Lordships  may  perceive  that  it 
was  transacted  in  my  absence  and  without  my  approbation 
as  will  appear  by  the  sequel,  for  on  his  arrival  here  last  fall 
in  order  to  establish  his  arbitrary  measures  by  acting  under 
the  very  face  of  authority  the  same  things  he  had  done  at 
Canso.  The  story  in  short  is  this  after  having  seized  some 
coarse  kentings  of  a  small  value  of  a  french  inhabitant  who 
had  taken  the  oaths  to  the  King  he  applyed  to  me  for  an  order 
for  an  appraizemt.  which  I  granted  accordingly  but  in  the 
mean  time  being  informed  that  he  designed  to  sell  the  goods 
as  he  had  done  at  Canso  and  the  claimer  having  applyed  to  me 
for  justice  that  the  Collector  might  not  before  a  tryal  at  law 
take  the  goods  and  dispose  of  them  as  if  they  were  condemned, 
I  sent  to  ye  appraizers  and  him  to  meet  me  at  my  house 
next  morning.  He  sent  me  word  that  he  would  wait  upon  me, 


AMERICA  AND   WEST  INDIES.  411 

1729. 

but  instead  of  comeing  next  day  he  sent  me  a  letter  refuseing 
to  come  for  a  very  false  and  frivolous  reason,  on  my  disapproving 
of  his  proceedings  he  writt  me  word  that  the  goods  should  lye 
in  the  Custom  House  till  he  reed,  orders  from  the  Surveyor, 
with  which  answer  I  was  satisfied,  but  instead  of  keeping 
to  his  word,  on  25th  Jan.  he  gave  notice  by  writing  he  affixed 
to  his  door  that  on  the  29th  he  designed  to  expose  to  sale  to 
the  highest  bidder  the  aforesaid  goods,  this  was  done  in  so 
clandestine  a  manner  that  it  did  not  come  to  my  knowledge 
till  the  night  before  the  sale,  when  the  Frenchman  the  claimer 
presented  me  with  a  petition  praying  that  I  would  put  a  stop 
to  his  proceedings  until  the  Surveyors  orders  should  come  from 
Boston  to  whom  he  had  applyed  on  the  Collectors  promise 
that  the  goods  should  lye  in  the  Custom  house  till  that  time. 
Whereupon  I  sent  him  an  order  to  keep  the  linnens  in  the 
Custom  house  till  further  advice  and  not  to  proceed  in  the 
sale  as  he  proposed.  But  he  was  in  such  haste  to  show  his 
contempt  of  the  Government  and  to  disobey  my  orders  that  he 
immediately  putt  up  another  paper  at  his  door  that  the  said 
sale  should  begin  next  day  and  sent  me  word  accordingly 
though  he  could  shew  no  law  nor  precedent  for  so  doing.  Refers 
to  end.  iii  etc.  Continues : — The  Collector's  aim  seems  all 
along  to  depress  H.M.  Authority  to  dishonour  the  Governmt. 
and  to  raise  things  to  a  flame  ;  he  presumes  in  all  things  to 
act  independent  of  me,  which  independency  he  has  assurance 
to  own  and  assert,  yet  whatever  he  may  be  as  Collector  in  this 
affair  he  moves  in  another  sphere,  which  properly  belongs  to 
a  Court  of  Admiralty  a  thing  much  wanted  in  this  country 
where  seizures  have  lain  for  these  7  years  undetermined  by 
which  the  preceeding  Governours  as  well  as  myself  have  been 
deprived  of  the  encouragement  given  them  by  the  Acts  of 
Parliament,  the  Collector  keeping  the  whole  money  in  his  own 
hands  untill  the  seizure  is  condemned  tho'  in  other  cases  he 
acts  as  if  that  power  was  vested  in  himself.  I  hope  your  Lord- 
ships will  represent  to  H.M.  the  necessity  there  is  of  such  a 
Courts  being  established  in  this  Province,  that  a  country 
naturally  so  well  calculated  for  trade  may  not  want  whats 
absolutely  necessary  for  the  support  and  advancement  of  it,  as 
the  administration  of  justice  is,  which  may  protect  H.M.  subjects 
from  the  tyranny  and  oppression  of  covetous  men  and  in  the 
mean  time  I  humbly  beg  your  Lordships  opinion  and  directions 
in  this  affair  for  if  in  anything  I  have  err'd  its  rather  in  want 
of  judgement  than  inclination  since  no  man  is  more  ambitious 
of  serving  H.M.  etc.  Signed,  L.  Armstrong.  Endorsed,  Reed. 
20th  Sept.,  1729,  Read  llth  May,  1730.  10  pp.  Enclosed, 
789.  i.  Proceedings  of  a  convention  of  officers,  Fort  Anna- 
polis, 3rd  March,  1729,  upon  Mr.  Mangent's  complaint 
against  Lt.  Governor  Cosby  (v.  preceding).  Evidence 


412 


COLONIAL   PAPERS. 


1729. 


June  23. 

Whitehall. 


June  24. 


June  26. 

Whitehall. 


taken  and  prepared  to  be  sent  home  etc.  Signed,  L. 
Armstrong.  Endorsed,  Reed.  20th  Sept.,  1729. 
4£  pp. 

789.  ii.  Papers  relating  to  the  seizure  of  the  schooner  Dragon 
for  illegally  importing  tobacco  etc.  (v.  covering  letter), 
by  order  of  Francis  Cavally,  Commander  in  Chief  at 
Canso,  July  23,  1728.  Endorsed  as  preceding.  Copy. 
5  pp. 

789.  iii.  Correspondence  between  H.  C.  Newton,  Collector, 
and  Lt.  Governor  Armstrong  relating  to  the  seizure 
of  a  chest  of  cambrics  belonging  to  Mr.  Lefonds 
suspected  of  illegal  trading  in  the  Cape  Bretion  (v. 
covering  letter.)  Annapolis  Royal,  16th  Nov.,  1728 — 
3rd  Feb.  1729.  Same  endorsement.  10  pp. 

789.  iv.  Ensign  Wroth's  resignation  of  his   commission   as 

Adjutant  of  Col.  Richard  Philipps  Regiment,  in  favour 
of  Lt.  Otho.  Hamilton,  on  account  of  the  infirmity  of 
his  limbs.  Annapolis  Royal,  24th  June,  1729.  Signed, 
Robert  Wroth.  Same  endorsement.  1  p.  [C.O.  217, 
5.  ff.  146-150t;.,  I51v.,  153-158,  159u.-164w.,  165t;.- 
166t>.  ;  and  (abstract  of  covering  letter)  217,  30.  pp. 
34,  35]. 

790.  Duke    of  Newcastle    to    the    Council    of   Trade    and 
Plantations.     I   herewith  transmit  to  your  Lordps.,   by  Her 
Majesty's    command    the    copy    of   enclosed   letter   etc.     Your 
Lordships  will  please  to  consider  the  proposal,  and  report  your 
opinion  thereupon  as  soon  as  conveniently  may  be  etc.     Signed, 
Holies  Newcastle.     Endorsed,  Reed.  24th  June,  Read  1st  July, 
1729.     1  p.     Enclosed, 

790.  i.  Copy  of  Lord  Londonderry's  letter  proposing  settle- 

ment of  Sta.  Cruz  etc.  v.  April  15.  3  pp.  [C.O. 
152,  17.  ff.  75,  76-77,  78v.]. 

791 .  Petty  expenses  of  the  Board  of  Trade,  Lady  day  to 
Midsummer,      (v.    Journal.)      6    pp.      [C.O.    388,    79.      Nos. 
44-47]. 

792.  Duke  of  Newcastle  to  Governor  Burnet.       The  late 
proceedings  of  the  House  of  Representatives,  in  relation  to  the 
settling  a  fix'd  salary  on  you  as  Governor  of  the  Massachusets 
Bay,  having  undergone  a  thorough  examination,  and  the  report 
of  the  Lords  of  the  Committee  thereupon  having  received  H.M. 
approbation  in  Council ;    I  herewith  transmit  to  you,  by  Her 
Majesty's  command,  the  inclosed  copy  thereof,  that  you  may 
be  duly  informed  of  what  has  past  here  upon  that  head,  and 
that  you  may  make  such  further  use  of  it,  as  you  shall  judge 
most  proper  for  H.M.    service.     You   will  observe,   that  the 
Agents  for  the  Representatives  have  been  duly  heard,  not  only 


AMERICA  AND   WEST  INDIES.  418 

1729. 

by  the  Lords  Commissioners  for  Trade,  but  likewise  by  the 
Lords  of  the  Committee,  who  are  both  of  opinion,  that  the 
salary  of  £1000  sterling  per  annum  ought  to  be  settled  on  you 
during  the  whole  time  of  yor.  Government ;  and  there  is  too 
much  reason  to  think,  that  the  main  drift  of  the  Assembly, 
in  refusing  to  comply  with  what  has  been  so  frequently  and  so 
strongly  recommended  to  them,  is  to  throw  off  their  dependance 
on  the  Crown  ;  which  proceeding  can  in  no  wise  be  justified 
by  their  Charter,  and  never  will  be  allowed  of  by  His  Majesty. 
This  obstinacy  of  theirs  has  produced  the  final  determination 
of  laying  the  whole  matter  before  the  Parliament,  which  had 
certainly  been  done  this  last  Session,  if  it  had  not  been  prorogued 
before  the  report  was  made  to  Her  Majesty  ;  However,  it  will 
be  delay'd  no  longer  than  till  the  first  meeting  of  the  Parliament 
in  the  winter,  and  if  the  further  steps  that  shall  be  then  taken 
in  this  affair,  should  not  be  so  agreeable  to  the  House  of 
Representatives  as  they  could  wish,  they  must  consider,  that 
it  is  entirely  owing  to  themselves.  As  to  your  particular,  I 
am  glad  to  find,  that  your  conduct  is  so  throughly  justified  and 
approved  and  that  no  consideration  could  prevail  with  you  to 
give  up  this  Article  of  your  Instructions.  Signed,  Holies 
Newcastle.  Enclosed, 

792.  i.  Copy  of  H.M.  Order  in  Council,  22nd  May,  1729. 
[C.O.  324,  36.  pp.  117-124  ;  and  (copy  of  covering 
letter  only  endorsed,  Reed.,  Read  23rd  Jan.,  1730)  5, 
871.  ff.  9,  9v.  ;  and  (without  enclosure)  5,  10.  No.  21]. 

June  26.  793.  Draught  of  letter  from  Duke  of  Newcastle  to  Governor 
Whitehall.  Burnet.  Private.  By  my  other  letter,  and  the  copy  of  the 
Order  in  Council  inclosed  in  it,  you  will  plainly  see,  it  is  the 
intention  of  the  Crown,  that  the  affair  of  settling  a  salary  on 
you  should  be  laid  before  the  Parliament  at  their  first  meeting, 
as  it  undoubtedly  will,  unless  the  House  of  Representatives 
take  care  to  prevent  it  in  time  by  complying  with  what  is 
expected  of  them.  However  it  were  to  be  wished  the  bringing 
things  to  that  extremity  might  be  avoided  ;  and  as  it  happens 
luckily  for  them,  that  they  have  so  long  an  intervall  of  time 
to  consider  better  of  it,  and  to  prevent  any  further  ill  conse- 
quences, perhaps  they  may  be  willing  to  improve  this  oppor- 
tunity. "And  therefore  I  write  this  particular  letter  to  you,  by 
H.M.  command,  that  you  may  endeavour  to  bring  them  to  a 
better  temper,  and  to  make  them  sensible,  that  their  laying 
hold  of  this  occasion  to  comply  with  what  is  here  thought  so 
just  and  reasonable,  will  be  the  only  means  of  recommending 
them  to  H.M.  favour  and  protection,  and  of  promoting  the 
true  interest  of  the  Province  ;  and  that  if  they  slip  this  oppor- 
tunity, it  will  be  too  late  for  them  to  expect  any  other.  You 
will  observe  that  tho'  you  were  by  your  former  instructions 
to  insist  on  the  salary  being  settled  not  only  on  yourself,  but 


414  COLONIAL   PAPERS. 

1729. 

likewise  on  all  future  Governors,  you  are  now  left  at  liberty 
to  accept  it  for  yourself  only,  provided  it  be  settled  during  the 
whole  time  of  your  Government  ;  wherefore  since  the  Crown 
has  thought  fit  to  recede  in  this  particular,  their  refusing  to 
comply  with  what  is  now  proposed,  will  be  the  more  inexcusable. 
Her  Majesty  depends  upon  your  skill  and  prudence  in  making 
a  proper  use  of  these  hints,  in  order  to  dispose  the  Assembly 
to  pay  a  due  obedience  to  H.M.  commands  ;  but  whatever 
you  do  of  that  kind,  is  to  come  as  from  yourself  in  your  private 
capacity,  and  not  to  let  it  look  like  any  new  overture  to  them 
on  the  part  of  the  Crown,  as  if  it  were  not  really  intended  to 
lay  the  matter  before  the  Parliament.  But  in  case  of  a 
voluntary  compliance  on  their  part  in  the  first  place,  and  that 
it  be  done  in  due  time  before  the  meeting  of  the  Parliament, 
you  may  then  let  them  know  that  you  will  represent  it  as  a 
mark  of  their  duty  to  H.M.,  and  use  your  best  endeavours, 
that  a  stop  may  be  put  to  any  Parliamentary  enquiry.  3  J  pp. 
[C.O.  5,  10.  No.  19.] 

June  26.        794.     Copy     of     30th     Article       of     Governor     Burnet's 
Instructions  relating  to  salary.     [C.O.  5,  10.     No.  20.] 

June  27.        795.     William  Byrd  to  the  Council  of  Trade  and  Plantations. 
Virginia.      On  the  proceedings  and  payment  of  the  Commissioners  for 
settling  the  boundary  between  Virginia  and  Carolina.     Printed, 
N.C.   Col.  Rec.  III.  20.     Signed,  W.  Byrd.     Endorsed,  Reed. 
4th,  Read  6th  Oct.,  1729.     Holograph.     4  pp.     Enclosed, 
795.  i.  Journal  of  the  Commission  for  settling  the  bounds 
between  Virginia  and  Carolina.     Endorsed,  Reed.  4th 
Oct.,  1729.     9|  and  21  1  pp.     [C.O.  5,  1322.    ff.  30- 
SIv.,  32v.-37u.,[39-49t;.,  50v.] 


June  29.  796.  Lt.  Governor  Gooch  to  the  Council  of  Trade  and 
Virginia,  Plantations.  I  have  not  had  the  honour  of  any  commands 
Wmeburgh.  from  your  Lordships  by  any  of  the  ships  come  hither  this  year 
etc.  Encloses  duplicate  of  last  letter  and  public  papers  then 
sent,  and  also  Journals  of  Council  to  12th  inst.  and  accounts  of 
Revenue  etc.  and  Naval  Officer's  returns.  Continues  :  Some 
time  after  my  last  a  number  of  negroes,  about  fiftenn,  belonging 
to  a  new  plantation,  on  the  head  of  James  River  formed  a 
design  to  withdraw  from  their  master  and  to  fix  themselves 
in  the  fastnesses  of  the  neighbouring  mountains  :  they  had 
found  means  to  get  into  their  possession  some  arms  and 
ammunition,  and  they  took  along  with  them  some  provisions, 
their  cloaths,  bedding  and  working  tools  ;  but  the  Gentleman 
to  whom  they  belonged  with  a  party  of  men  made  such  diligent 
pursuit  after  them,  that  he  soon  found  them  out  in  their  new 
settlement,  a  very  obscure  place  among  the  mountains,  where 
they  had  already  begun  to  clear  the  ground,  and  obliged  them 


AMERICA   AND   WEST   INDIES.  415 

1729. 

after  exchanging  a  shot  or  two  by  which  one  of  the  slaves  was 
wounded,  to  surrender  and  return  back,  and  so  prevented  for 
this  time  a  design  which  might  have  proved  as  dangerous  to 
this  country,  as  is  that  of  the  negroes  in  the  mountains  of 
Jamaica  to  the  inhabitants  of  that  island.  Tho'  this  attempt 
has  happily  been  defeated,  it  ought  nevertheless  to  awaken  us 
into  some  effectual  measures  for  preventing  the  like  hereafter, 
it  being  certain  that  a  very  small  number  of  negroes  once  settled 
in  those  parts,  would  very  soon  be  encreas'd  by  the  accession 
of  other  runaways  and  prove  dangerous  neighbours  to  our 
frontier  inhabitants.  To  prevent  this  and  many  other  mischiefs 
I  am  training  and  exercising  the  Militia  in  the  several  counties 
as  the  best  means  to  deter  our  slaves  from  endeavouring  to 
make  their  escape,  and  to  suppress  them  if  they  should  ;  and 
as  the  establishment  I  made  of  an  Adjutant  to  discipline  the 
Militia  is  much  to  the  satisfaction  of  the  people,  and  like  to 
prove  very  useful  towards  their  safety  and  defence,  I  doubt 
not  your  Lordships  will  approve  of  that  part  of  my  conduct, 
for  it  is  to  this  new  regulation  of  the  Militia,  and  the  good 
disposition  of  the  Officers  I  have  now  appointed  to  instruct 
those  under  their  command  in  the  exercise  of  arms  that  we 
owe  the  present  peace  with  our  Tributary  Indians  ;  who  some- 
time before  were  become  very  turbulent  and  ungovernable, 
but  are  now  so  submissive,  how  long  that  temper  will  continue 
I  can't  say,  that  one  of  the  great  men  of  the  Saponie  Nation 
having  killed  an  Englishman,  tho'  the  murder  was  committed 
when  he  was  drunk,  which  they  look  upon  as  a  just  excuse, 
because,  as  they  say,  a  man  is  not  accountable  for  what  he  did 
while  he  is  deprived  of  his  reason,  yet  they  readily  delivered 
him  up  to  justice  upon  my  first  message,  and  he  has  been  since 
tryed  and  executed  without  any  sign  of  resentment  from  that 
Nation  altho'  he  was  in  much  esteem  among  them.  I  had 
ordered  some  of  the  Nation  to  be  at  the  tryal,  who  did  attend 
and  by  an  Interpreter  were  made  to  understand  that  the 
proceedings  in  the  Court  against  him  were  the  same  as  in  the 
like  case  they  would  be  against  a  white  man,  and  indeed  so  it 
hap'ned,  that  there  was  one  tryed  and  executed  with  him. 
The  eagerness  of  the  inhabitants  to  take  up  lands  amongst  the 
great  western  mountains,  has  renewed  a  contest,  which  for  a 
long  time  had  layn  dormant,  touching  the  right  of  granting 
the  lands  on  the  head  of  Rappahanock  River,  the  Proprietor 
of  the  Northern  Neck  claims  the  same  by  virtue  of  his  grant ; 
and  I  find  former  Governours  made  no  scruple  to  sign  patents 
for  lands  as  far  as  the  most  northern  branch  of  Rappahanock 
river.  But  etc.  agreable  to  the  directions  of  your  Lordships' 
letter  of  26th  March,  1707,  etc.,  I  have  absolutely  refused  the 
suspension  of  granting  of  patents,  notwithstanding  the  remon- 
strances of  the  Proprietor's  Agent ;  but  proposed  that  the 
case  should  be  fairly  stated  and  determined  according  to  the 


416  COLONIAL   PAPERS. 

1729. 

genuine   construction   of  the  Proprietor's   Charter,   which  it's 
agreed  shall  be  prepared  and  transmitted  to  your  Lordships 
for  that  purpose.     In  the  meanwhile,  to  give  your  Lordships 
a  clearer  idea  of  the  lands  in  controversy,  I  herewith  send  a 
sketch  of  that  part  of  the  country  which  lies  near  and  amongst 
the  mountains,  watered  by  streams  which  fal  into  the  Rivers 
Rappahanock  and  Potomack,  and  which  are  insisted  on  to  be 
within  the  Northern  Neck  grant  as  head  springs  of  those  two 
rivers.     The    draught    is    not    offered    to    your   Lordships    as 
accurately  done.     But  by  it  your  Lordships  may  please  to 
observe  that  the  River  Rappahanock,  which  from  the  Bay  of 
Chesapeak  is  navigable  to  the  Falls,  is  about  tenn  miles  above 
the  Falls  divided  into  two  branches,  and  those  again  about  30 
miles  upwards  divided  into  other  branches,  and  so  the  nearer 
they    approach    the    mountains    into    other     lesser     streams, 
so   that   it   is   scarce   possible   to   distinguish   which   of  them 
ought    to    bear    the    name    of    a    river.       Here    it    is    that 
the    lands    now    in    dispute    ly.         But    as    the    last    grant 
made    in    1688    to    the    Lord    Culpeper,    which    is    the    most 
extensive,   describes  the    "  territory  to  be  bounded  by  and 
within  the  first  heads  or  springs  of  the  rivers  Rappahanock 
and    Potomack,    the    courses    of    the    said    rivers    from    the 
said  first  heads  or  springs  as  they  are  commonly  called  and 
known  by  the  inhabitants  and  descriptions  of  those  parts," 
it  seems  a  doubt  whether  the  Proprietor  can  claim  any  farther 
upon   these  rivers  than  what  was   called   Rappahanock  and 
Potomack  rivers  at  the  time  of  the  grant ;    and  that  was  only 
as  far  as  they  are  navigable,  for  above  that  there  was  then  no 
inhabitant :    or,  at  most,  whether  the  grant  shall  extend  any 
further   than   the   River   Rappahanock   continues    one    entire 
stream.     For  since  the  river  is  formed  by  the  confluence  of  two 
lesser  ones  not  discovered  till  long  after  the  Proprietor's  Charter, 
and  those  of  such  equal  bigness  as  to  render  it  doubtful  which 
of  them  deserves  the  name  of  Rappahanock  river ;    and  since 
there  cannot  be  two  rivers  of  the  same  name,  and  as  neither  of 
them   is    described   in    the    grant,    with    submission    to    your 
Lordships,  it  seems  to  me  the  most  natural  construction  of  that 
charter,  to  fix  its  limits  at  the  confluence  of  these  two  rivers, 
where  Rappahanock  is  first  formed,    and  from  thence  runs  in 
one  continued  stream  into  the  Bay  of  Chesapeak.         And  as 
Potomack  river  is  the  boundary  between  the  province  of  Mary- 
land and  the  Northern  Neck,  and  the  first  fountain  of  that 
river  laid  down  in  the  Charter  of  the  former,  and  the  first  head 
or  spring  thereof  as  the  boundary  of  both  to  the  westward  ; 
I  must  still  presume  to  say,  that  wherever  the  Proprietors  of 
Maryland  and  of  the  Northern  Neck  agree  to  fix  the  first 
fountain  or  spring  of  Potomack  river,  a  line  drawn  from  thence 
to  Rappanock  river  must  terminate  the  Northern  Neck  patent  ; 
and  then  all  the  lands  lying  westward  of  that  remains  still  in 


AMERICA   AND   WEST   INDIES.  417 

1729. 

the  power  of  the  Crown  to  grant.  But  if  on  the  other  hand  all 
the  lands  which  ly  on  any  of  those  rivulets  or  brooks  which 
fall  into  Rappahanock  or  Potomac  rivers  be  allowed  to  belong 
to  the  Proprietor  of  the  Northern  Neck  as  his  Agent  pretends, 
the  King  will  then  have  very  little  more  land  to  dispose  of  in 
Virginia.  For  your  Lordships  may  please  to  observe  by  the 
inclosed  draught  that  one  of  the  branches  of  Potomack  river 
which  is  now  known  by  the  name  of  the  river  Shenundo,  runs 
thro'  and  paralel  with  the  great  ridge  of  mountains,  and  is 
said  to  have  its  source  near  Roanoke  river  ;  so  that  almost  the 
tract  now  call'd  Virginia  is  encompass'd  and  bounded  to  the 
westward  by  that  river,  and  the  Proprietor  instead  of  being 
circumscribed  by  and  within  the  Head  of  Rappahanock,  will 
extend  his  bounds  upwards  of  60  miles  to  the  southward  of  it, 
which  can  never  be  imagined,  I  think,  to  have  been  the  intention 
of  the  Crown,  nor  agreable  to  the  words  of  the  Charter.  Seeing 
therefore  my  Lords  it  is  of  importance  to  H.M.  with  respect 
to  his  revenue  of  quit-rents,  and  of  no  small  concern  to  the 
people  of  Virginia,  who  are  very  averse  to  the  taking  up  of  lands 
under  a  Proprietor  etc.,  requests  their  directions,  before  the 
matter  comes  to  be  stated  between  him  and  the  Proprietor's 
Agent  etc.  Continues  :  As  the  Journal  of  Council  and  Pro- 
clamation herewith  sent  mention  the  dreadful  apprehensions 
this  Colony  again  lay  under  from  the  caterpillars  ;  it  is  fit  I 
should  now  inform  your  Lordships,  that  by  the  peculiar  favour 
of  Heaven  that  danger  is  now  over  without  any  other  conse- 
quence than  the  destruction  of  some  orchards  and  timber.  I 
forgot  in  my  last  among  the  allowances  for  the  gentlemen 
employed  in  running  the  boundaries  to  mention  that  of  a 
Chaplain  whom  I  appointed  to  attend  that  service,  and  who 
deserves  H.M.  consideration,  when  the  payment  of  that  work 
shall  be  ordered.  It  was  very  necessary  a  clergyman  should 
be  sent  out  with  such  a  number,  when  they  were  to  pass  through 
a  country  where  they  could  not  have  the  opportunity  of  attend- 
ing the  publick  worship ;  and  the  report  that  Gentleman 
made  to  me  sufficiently  proves  how  well  he  answered  my 
purpose  in  sending  of  him  ;  for  he  christened  above  an  hundred 
children,  a  great  many  adult  persons,  and  preached  to  congre- 
gations who  have  never  had  publick  worship  since  their  first 
settlement  in  those  parts  ;  such  is  the  unhappy  state  of  those 
poor  inhabitants  who  possess  the  borders  of  our  neighbouring 
Province,  in  which  there  is  not  one  Minister.  Encloses  list  of 
military  officers,  and  as  soon  as  the  several  troops  and  companies 
are  adjusted,  will  send  lists  of  them  etc.  Continues  : — As  the 
state  of  the  tobacco  trade  calls  for  a  speedy  remedy,  as  well 
to  prevent  an  apparent  loss  to  H.M.  revenue,  as  a  great  blow 
to  the  manufactures  of  Great  Britain,  if  the  planters  discouraged 
from  making  tobacco  by  the  lowness  of  the  price,  should  be 
driven  to  the  necessity  of  laying  that  aside,  and  should  provide 

C.P.  XXXVI— 27 


418  COLONIAL   PAPERS. 

1729. 

themselves  with  their  own  cloathing  from  the  materials  this 
country  affords.  What  follows  is  part  of  a  letter  I  have  sent 
by  this  conveyance  to  the  Duke  of  Newcastle  etc.  It  is  evident 
that  the  duty  have  been  and  is  a  strong  temptation  to  many 
to  contrive  all  possible  ways  of  defrauding  the  Crown  by  running 
the  tobacco  in  Great  Brittain  :  and  the  success  they  have  had 
therein,  has  likewise  given  occasion  to  the  buying  up  all  the 
mean  and  trash  tobacco,  purchased  here  by  agents  and  sailors 
who  well  know  how  to  dispose  of  it  without  paying  any  duty. 
And  this  sort  of  traffique  has  encouraged  the  planters  to  cure 
a  great  deal  or  all  of  their  trash,  which  otherwise  must  have 
been  thrown  away  ;  Thus  is  the  market  for  the  good  tobacco 
damp'd  by  the  fraudulent  importation  of  the  bad,  and  the  fair 
trader  and  honest  and  industrious  planter  greatly  discouraged. 
I  have  taken  some  pains  to  find  out  a  remedy  for  this  great 
evill,  and  to  that  purpose  have  consulted  divers  of  the  principal 
inhabitants  of  this  Province  as  well  merchants  as  others,  and 
find  it  generally  agreed  that  the  only  effectual  means  to  prevent 
the  abuse  which  long  since  crept  into  this  trade,  will  be  to  bring 
all  the  tobacco  under  a  strict  examination  by  sworn  Officers, 
before  it  be  allow'd  to  be  ship'd  of  for  Great  Brittain  ;  that  all 
that  is  found  bad  be  destroy'd,  and  none  exported  but  what  is 
really  good  and  merchantable,  and  that  an  account  of  the  true 
weight  of  every  hogshead  or  cask  shall  be  transmitted  to  the 
Commissioners  of  H.M.  Customs,  by  which  the  fraudulent 
practice  of  breaking  open  of  hogsheads  and  ruining  of  the 
tobacco  may  be  more  easily  detected  and  prevented.  I  now 
send  to  your  Lordships  also  the  heads  of  what  I  propose  for  the 
improvement  of  the  tobacco  trade,  hoping  that  when  your 
Lordships  have  consider'd  them,  they  may  be  approved  and 
immediately  put  in  practice,  either  by  obtaining  H.M.  letters 
mandating  to  the  Governors  of  Virginia  and  Maryland  to  pass 
them  into  laws,  or,  which  would  be  much  more  efficacious,  an 
Act  of  Parliament  to  put  all  the  tobacco  made  in  the  Plantations 
under  the  regulation  therein  proposed  ;  for  it  must  be  confess'd 
that  though  the  judicious  and  honest  part  of  the  people  here 
are  well  inclined  to  these  measures,  there  are  too  many  of  a 
different  character,  who  are  ready  to  oppose  everything  that 
is  not  suited  to  their  narrow  conceptions  and  private  views. 
If  these  proposals  are  thought  by  your  Lordships  to  deserve 
encouragement  and  to  pa§s  in  the  Parliament  there  is  one 
thing  not  mentioned  that  must  be  provided  for,  and  that  is, 
the  nomination  of  the  officers  to  inspect  the  tobacco,  who  must 
be  men  of  character  and  understanding  in  that  commodity, 
which  may  be  left,  unless  your  Lordships  shall  order  otherwise, 
to  the  appointment  of  the  Governours,  who  must  also  ascertain 
their  sallarys  in  proportion  to  their  trouble  ;  for  some  places 
where  storehouses  must  be  built,  will  have  much  more  tobacco 
brought  to  them  than  others.  What  I  have  to  add  I  hope  will 


AMERICA   AND   WEST   INDIES.  419 

1729. 

not  be  unacceptable,  since  'tis  to  inform  your  Lordships  that 
upon  the  bruit  of  many  wonderful  cures  performed  by  a  negro 
slave  in  the  most  inveterate  venerial  distempers,  I  thought  it 
might  be  of  use  to  mankind,  if  by  any  fair  method  I  could 
prevail  upon  him  to  discover  to  me  the  means  by  which  such 
cures  were  effected,  which  the  negro  had  for  many  years 
practiced  in  this  country,  but  kept  as  a  most  profound  secrett ; 
as  the  fellow  is  very  old,  my  endeavours  were  quicken'd,  lest 
the  secrett  should  dye  with  him  :  therefore  I  immediately  sent 
for  him,  and  by  good  words  and  a  promise  of  setting  him  free, 
he  has  made  an  ample  discovery  of  the  whole,  which  is  no  other 
than  a  decoction  of  the  root  and  barks  I  have  sent  over  to  a 
phisitian,  that  the  Colledge  may  have  the  oppertunity  of  making 
an  experiment  what  effect  it  will  have  in  England  ;  and  I 
flatter  myself,  by  the  ingenuity  of  the  learned  in  that  profession, 
it  may  be  reduced  into  a  better  draught  than  he  makes  of  it, 
which  they  tell  me  is  nauseous  enough.  The  difference  of 
climate  may  probably  cause  a  difference  in  its  operation  ;  but 
there  is  no  room  to  doubt  of  its  being  a  certain  remedy  here, 
and  of  singular  use  among  the  negroes  who  are  frequently 
tainted  with  that  disease  (for  I  made  a  tryal  of  the  things  by 
the  hands  of  a  surgeon  here,  before  I  purchased  his  freedom, 
the  whole  charge  of  which  costs  the  Government  about  £60 
ster.)  and  is  well  worth  the  price  that  has  been  paid  for  it,  since 
we  know  how  to  cure  slaves  without  the  help  of  mercury,  who 
were  often  ruined  by  the  unskilfulness  of  the  practitioners  this 
country  affords.  At  the  worst  my  Lords  I  hope  it  will  be 
deemed  a  laudable  attempt,  and  be  an  encouragement  for  one 
of  Dr.  Ratcliffe's  travelling  Phisitians  to  take  a  tour  into  this 
part  of  the  world,  where  there  are  many  valuable  discoveries 
to  be  made,  not  to  be  mett  with  in  France  or  Italy.  It  is  so 
long  since  we  received  any  advices  from  England,  and  those 
of  the  latest  date  speaking  with  great  uncertainty  as  to  peace 
or  war,  I  thought  it  absolutely  necessary  to  lay  an  embargo 
to  the  end  of  this  moneth  :  this  may  possibly  raise  a  clamour, 
especially  if  things  are  quiett,  among  those  merchants  whose 
shipps  were  ready  to  sayle  sooner ;  But  I  did  it  my  Lords  to 
give  an  oppertunity  to  the  most  valuable  ships  to  form  a  fleet 
for  their  greater  security  and  not  doubting  but  by  that  time 
in  case  of  a  war,  convoys  would  be  order'd  for  them ;  But 
H.M.S.  the  Ludlow  Castle  is  oppertunely  arrived  here,  and 
intends  to  accompany  them  in  their  passage  home.  And  it 
happened  very  luckily  that  this  embargo  was  laid  in  time, 
since  we  have  been  alarmed  by  a  Spanish  privateer's  being 
upon  the  coast  etc.  Quotes  deposition  to  that  effect  by  John 
Pitts,  master  of  the  sloop  Dolphin  of  Bermuda,  who  was  chased 
and  fired  on  by  what  he  believed  to  be  a  Spanish  privateer  off 
Cape  Charles  on  8th  June.  P.S.  The  military  list  I  could 


420  COLONIAL   PAPERS. 

1729. 

not  get  compleated  for  this  conveyance.  Signed,  William 
Gooch.  Endorsed,  Reed.  28th  Aug.,  Read  2nd  Sept.,  1729. 
5  pp.  Enclosed, 

796.  i.  Account  of  H.M.  Revenue  of  Quit-rents,  25th  April, 
1728-1729.  Totals:  To  balance  of  last  account, 
£5107  0*.  9fd.  Disbursements,  £1110.  Receipts  :— 
£2233  17*.  3d.,  less  £223  7s.  8|d,  allowances  of  Auditor 
and  Receiver  General.  Signed,  John  Grymes,  Recr. 
General,  John  Blair,  Dy.  Audr.,  William  Gooch. 
Endorsed,  Reed.  28th  Aug.,  1729.  4  pp. 

796.  ii.  Account  of  H.M.  Revenue  of  2/s.  per  hhd.,  on  25th 
Oct.,  1728,  and  from  25th  Oct.  1728— 25th  April, 
1729.  Receipts  : — £4569  10*.  llf d.,  including  balance 
of  £3614  18s.  Id.  Signed  and  endorsed  as  preceding. 
796.  iii.  Proclamations  by  Lt.  Governor  Gooch  (a)  Permitting 
the  exportation  of  wheat  and  flower,  in  view  of  "  the 
present  happy  prospect  of  a  plentifull  crop  of  Indian 
corn  and  other  grains "  etc.  Williamsburgh,  20th 
Sept.,  1728  ;  and  (b)  continuing  the  same  permission, 
2nd  Nov.,  1728.  (c)  Proroguing  the  General  Assembly 
to  15th  May,  1729.  24th  Oct.,  1728.  (d)  for  a  day 
of  fasting  and  humiliation  on  account  of  the  plague  of 
caterpillars.  1st  April,  1729.  Proroguing  the  General 
Assembly  to  20th  Nov.  19th  April,  1729.  (/)  Publishing 
H.M.  Proclamation  continuing  Officers  until  his 
pleasure  be  further  known.  14th  Dec.,  1728.  Signed, 
William  Gooch.  Endorsed,  Reed.  28th  Aug.,  1729. 
Copies.  5  pp. 

796.  iv.  Lt.  Governor  Gooch's  Proposals  for  the  more 
effectual  improving  the  staple  of  tobacco  in  Virginia, 
and  for  preventing  frauds  therein.  Endorsed  as 
preceding.  3  closely  written  pp. 

796.  v.  Naval  Officer's  account  of  imports  from  Madera 
and  the  Azores  into  York  River,  for  half-year  ending 
Lady  day,  1729.  One  cargo  of  70  pipes  of  Madera 
wine.  None  into  any  other  river.  Signed,  Wil. 
Robertson,  Nl.  Offr.  Same  endorsement.  \  p.  [C.O. 
5,  1322.  ff.  10-12*;.,  13z;.-16,  I7v.-I9v.,  20v.-26v.  ; 
and  (abstract)  93.] 

June  29.        797.     Lt.    Governor    Gooch    to    the    Duke    of    Newcastle. 

Virginia,  Statements  on  the  tobacco  trade  and  the  negro's  cure  for 
>urg  '  venereal  diseases  as  in  above  letter.  Recommends  for  H.M. 
compassion  a  girl  of  16  convicted  of  killing  her  bastard  child, 
no  evidence  appearing  of  violence,  "  but  by  the  circumstances 
she  had  been  brought  to  bed  privately  before  the  expected 
time  of  her  delivery,  so  that  the  Council  who  were  her  Judges 
represented  her  as  a  fit  object  for  H.M.  mercy.  The  other  is 
one  Andrew  Bourne  an  overseer  of  a  Plantation  who  having 


AMERICA  AND   WEST   INDIES. 


421 


1729. 

under  his  charge  a  negro  slave  that  had  frequently  run  away, 
was  so  transported  with  anger  upon  his  being  last  brought 
home,  that  he  gave  him  such  immoderate  correction  that  the 
fellow  dyed  under  it,  and  for  which  the  Jury  found  him  guilty 
of  murder.  But  the  same  Judges  sett  on  this  tryall,  and  are 
very  earnest  to  have  his  life  spared,  not  only  because  it  did 
not  appear  that  he  had  any  intention  to  kill  the  negro,  but  in 
regard  the  executing  of  him  for  this  offence  may  make  the 
slaves  very  insolent,  and  give  them  an  occasion  to  contemn 
their  masters  and  overseers,  which  may  be  of  dangerous  conse- 
quence in  a  country  where  the  negroes  are  so  numerous  and 
make  the  most  valuable  part  of  people's  estates.  And  on  these 
considerations  it  is  that  I  take  the  liberty  to  apply  to  your 
Grace  on  this  man's  behalf "  etc.  Signed,  William  Gooch. 
2  large  pp.  Enclosed, 

797.  i,  ii.  Duplicates   of  encl.   iii,   iv.  preceding.      [C.O.   5, 

1337.    ff.  132,  132i;.,  134-137i;.] 

June  30.        798.     Governor   Montgomerie   to  the   Duke   of  Newcastle. 

New  York.  The  Assembly  of  New  York  being  now  sitting,  will  send  an 
account  of  their  proceedings  when  the  Session  is  ended  etc. 
Continues : — The  behaviour  of  Lewis  Morris  has  been  so 
unaccountable,  and  so  very  extravagant,  that  I  have  been 
obliged  by  the  advice  of  the  Council,  to  suspend  him  from  his 
seat  at  the  Board,  till  H.M.  pleasure  be  known  etc.  Asks  for 
confirmation,  and  the  appointment  of  Philip  Courtland,  an 
eminent  merchant,  as  Councillor  in  his  place  etc.  Refers  to 
enclosure.  Signed,  J.  Montgomerie.  Holograph.  2|  pp. 
Enclosed, 

798.  i-vii.    Duplicates    of    letter    and    enclosures   following. 

[C.O.  5,  1093.    ff.  18-19,  20-24i;.,  28-30z;.,  33-39,  40, 
4,Qv.,  42,  42u.,  44,  440.] 

June  30.  799.  Governor  Montgomerie  to  the  Council  of  Trade  and 
New  York.  Plantations.  Abstract.  Has  not  yet  received  accounts  of  paper 
money,  but  will  send  them  by  the  next  ship.  Repeats  preceding. 
Continues  : — I  am  so  particularly  reflected  upon  by  Mr.  Morris, 
that  although  the  Council  has  done  me  all  the  justice  I  can 
desire,  I  cannot  be  easy  till  I  satisfye  H.M.  by  your  Lordships, 
that  I  have  acted  according  to  my  Instructions,  the  constant 
practice  of  former  Governours,  and  for  the  good  and  advantage 
of  the  Province.  Refers  to  Minutes  of  Council  and  sketches  past 
history  of  the  Revenue  of  New  York,  concluding  with  the 
annoyance  of  the  Assembly  at  Governor  Burnet's  not  paying 
officers'  salaries  in  strict  accordance  with  the  appropriations 
therefor  voted  in  their  Revenue  Bill  of  1726.  Continues : — These 
draughts  sowred  the  Assembly,  and  made  them  look  back  on 
their  former  sufferings,  from  the  mismanagement  of  the  Revenue, 
whereby  the  country  was  involved  in  debt,  and  think  of  a 


422  COLONIAL   PAPERS. 

1729. 

remedy  against  the  like  evil  before  they  gave  any  other  revenue. 
Such  was  the  disposition  of  the  people  when  I  arrived  here, 
and  I  was  not  a  little  perplexed  how  to  quiet  their  fears,  reconcile 
them  to  their  duty,  and  at  the  same  time  to  preserve  entire 
the  power  given  to  me  by  H.M.  of  applying  and  issuing  the 
Revenue  with  advice  of  the  Council.     Yet  at  length  I  had  the 
good   fortune   to    surmount   those    difficulties  :     I    gained   the 
Assemblies  confidence  without  ever  giving  them  any  assurance, 
that  I   would  comply  with  the  applycation  of  the  Revenue 
mentioned    in    their   votes.      They    entered  chearfully   on  the 
support   of  the    Government,    but   in    some    particulars    they 
lessened  it  from  what  it  was  before;  (details given),  passing  the 
Revenue  Bill   for   five   years   etc.      Describes   method   practised 
by  Governors   of  drawing   warrants   for    officers'    salaries    on 
the   Revenue,   and  how    he    himself    reduced    some    of    these 
salaries  in  proportion  to  the  reduced  amount  of  the  Revenue 
voted,    "  for  on  that  in  a  great  measure  will  the  continuance 
of  it  hereafter  depend,  besides  I  thought  that  a  people  who 
were  willing  (as  I  found  them   here)  to   support  the   King's 
Government,  ought  as  little  as  possible  to  be  loaded  with  debt, 
which  in  time,  if  an  ill  example  be  again  introduced,  may  reduce 
them   to   great   extremities   and   involve   the    Government   in 
insuperable   difficulties."     Continues : — To   prevent   my   being 
mistaken    in    an   affair  of  so  great   consequence,    I   carefully 
informed  myself  of  the  services  of  the  respective  officers,  and 
from  thence  proportioned  the  rewards  which  I  thought  they 
deserved.     I  found  in  general  that  their  usual  allowances  were 
no  more  than  what  ought  to  be,  but  in  particular  instances,  I 
was  fully  perswaded  that  some  appointments  were  too  large, 
and  others  wholly  unnecessary  ;    and  that  without  some  de- 
ductions, the  revenue  granted  would  not  answer  the  support 
of  the  Government.     The  Chief  Justice's  salary,  which  formerly 
was  but  £130  a  year,    I  found  at  once  encreased  to  300  etc. 
The  avowed  reason  is,  that  from  thence  forward  he  was  to  go 
the  circuits  regularly  every  year,  but  as  I  am  informed  the 
true  one  was  that  the  Chief  Justice  being  a  Member  of  the 
Assembly  in  1715,   when  the  Revenue  was  given,   his  salary 
was  augmented  by  the  great  number  of  friends  he  had  then 
in  the  House,  and  for  the  services  he  did  there.     For  as  to  his 
going  the  circuits,  former  Chief  Justices  on  the  salary  of  130 
pounds  a  year,  have  gone  into  the  country  when  causes  have 
been  to  be  tryed  there,  and  this  is  as  much  as  the  present  Chief 
Justice  has  usually  done  especially  of  late  years.      This   the 
people  have  often  complained  of  since  I  arrived,  so  I  thought, 
that    since   the  service   for  which    the  salary   was  said   to  be 
augmented,  has  not  been  regularly  attended,  I  might  and  ought 
to  strike  off  £50  a  year  from  it,  that  the  Revenue  may  answer 
the  paying  other  officers,  who  have  but  a  bare  allowance  for 
their  services.      The  second  Judge  is  a  man  wholly  incapable 


AMERICA   AND   WEST   INDIES.  423 

1729. 

of  that  office,  quite  wore  out  by  age  and  other  infirmities,  not 
in  a  condition  to  be  trusted  even  with  opening  or  adjourning 
the  Court,  so  that  I  have  been  obliged  in  the  time  when  the 
meazles  raged  lately  in  Town,  at  the  request  of  the  Chief  Justice, 
who  was  unwilling  to  come  to  town  himself,  to  adjourn  the 
Supream  Court  twice  by  writ.  This  is  an  office  that  many 
Gentlemen  of  estates  would  execute  without  any  salary.  But 
Mr.  Walters  the  present  second  Judge,  being  the  first  of  H.M. 
Council  here,  I  am  unwilling  to  displace  him  from  the  Bench, 
yet  I  cannot  think  of  loading  the  Revenue  with  a  salary  to  so 
useless  an  Officer.  The  Clerk  of  the  Circuits  had  a  salary  of 
£60  a  year  given  him  in  1715,  etc.  in  expectation  that  the  circuits 
would  be  duly  attended,  but  that  service  having  been  neglected 
etc.  I  have  thought  it  convenient  to  drop  his  salary.  By  these 
savings  I  am  hopeful  that  I  shall  be  able  to  make  the  present 
Revenue  answer  the  expence  of  the  Government,  but  if  I  should 
overload  it,  I  assure  your  Lordships  that  the  inconveniencies 
that  may  insue  will  be  difficult,  if  not  impossible  for  me  or  any 
person  the  King  employs  here  to  surmount  etc.  Describes  how, 
when  about  to  sign  in  Council  the  warrant  for  the  Chief  Justice's 
reduced  salary,  his  son,  Lewis  Morris  junr.,  objected.  Con- 
tinues : — So  I  put  the  question  to  the  Board,  whether  they 
would  advise  me  to  sign  that  warrant  as  it  was  read  ;  and 
they  advised  me  to  sign  it,  which  I  accordingly  did,  as  likewise 
all  the  warrants  for  that  quarter  without  any  further  objections. 
This  upon  the  stricktest  search  and  enquiry  I  think  its  the 
first  instance  of  the  Council's  advice  being  particularly  askt 
about  the  Governour's  signing  salary  warrants,  and  their 
advice  being  thus  given,  I  was  in  hopes  I  should  have  heard 
no  more  of  it.  But  on  13th  June,  Mr.  Morris  having  read  in 
his  place  at  the  Board  a  paper  (enclosed),  the  Council  then 
present  desiring  Mr.  Morris  might  withdraw,  took  that  paper 
into  consideration,  and  having  duly  weighed  and  considered 
it,  came  to  the  resolutions  (enclosed}.  This  had  not  the  effect 
hoped  for  in  puting  a  stop  to  Mr.  Morris's  invectives,  for  on 
26th  June,  he  read  at  the  Board  another  paper  (enclosed)  ; 
whereupon  the  Council  came  to  the  resolutions  (enclosed),  and 
by  the  advice  of  the  Council  mentioned  in  the  last  paper,  I 
suspended  him  from  his  seat  at  the  Board,  till  H.M.  pleasure 
be  known  etc.  The  reflections  thrown  on  me,  the  Council  and 
the  whole  Legislature,  are  so  conspicuous  and  so  unjust,  that 
I  believe  they  will  not  escape  H.M.  and  your  Lordship's  censor 
etc.  Set  out,  N.Y.  Col.  Docs.  V.  pp.  877-882.  Signed,  J. 
Montgomerie.  Endorsed,  Reed.  27th  Aug.,  Read  17th  Dec., 
1729.  11%  pp.  Enclosed, 

799.  i.  Reasons  offered  by  Lewis  Morris,  junr.,  against  the 
drawing  and  signing  warrants  without  the  previous 
advice  and  consent  of  the  Council  etc.,  and  against 
the  warrant  for  the  reduced  salary  of  the  Chief  Justice 


424  COLONIAL   PAPERS. 

1729. 


etc.  Abstract.  Such  practice  is  contrary  to  the  King's 
Instructions  and  the  Revenue  Act  of  Assembly.  The 
salary  of  the  C.J.  has  been  fixed  at  £300  per  ann.  for 
about  14  years  past,  and  the  reduction  of  the  salary 
of  any  officer  without  his  having  done  anything  to 
deserve  such  treatment  is  contrary  to  the  principles 
of  equity  and  H.M.  justice.  This  warrant  is  drawn 
(without  the  advice  and  consent  of  H.M.  Council) 
pursuant  to  the  votes  and  resolutions  of  the  Repre- 
sentatives, who  have  taken  upon  themselves  a  power 
of  dispensing  with  the  laws,  and  after  having  passed 
an  act  for  the  support  of  H.M.  Government  here,  by 
which  the  money  to  be  raised  by  it  was  given  to  H.M. 
and  to  be  disposed  of  by  warrants  by  the  Governour 
by  and  with  the  advice  and  consent  of  H.M.  Councill 
here,  did  notwithstanding  presume  by  their  resolves 
of  7th  Oct.  1726  to  tell  the  Governour  that  no  other 
or  higher  warrants  should  be  issued  in  Council  then 
those  exprest  in  their  resolutions,  and  in  their  resolu- 
tions of  30th  July,  1728  say  that  for  any  act  matter 
or  thing  done  in  General  Assembly  the  members  thereof 
are  accountable  and  answerable  to  the  house  only 
and  to  no  other  person  or  persons  whatsoever,  and  in 
their  resolves  of  10th  Aug.  following  direct  what  shall 
be  paid  for  the  salaries  of  the  severall  officers  of  the 
government  here  the  appointment  of  which  I  take  to 
be  solely  in  the  governour  by  and  with  the  advice  of 
his  Councill  here  and  the  complying  with  the  Assembly 
in  this  case  is  makeing  all  the  officers  of  the  govern- 
ment dependent  upon  them  which  is  against  H.M. 
interest  and  derogatory  from  his  royall  and  just 
prerogatives.  The  above  resolutions  of  the  Assembly 
compared  with  the  conduct  of  some  Assemblys  in 
H.M.  American  Dominions  too  evidently  shows  with 
what  views  those  resolutions  are  made  and  of  what 
dangerous  consequence  to  H.M.  interest  and  preroga- 
tives in  his  American  dominions  the  giving  them  so 
great  an  encouragement  to  persist  in  their  exorbitant 
demands  and  encroachments  on  the  royal  prerogative 
as  the  drawing  the  sallary  warrants  according  to  their 
resolves  will  be  so  that  I  think  it  inconsistent  with 
my  duty  and  allegiance  to  consent  to  the  lessening 
or  altering  any  of  the  sallaries  of  the  officers  of  the 
government  in  complyance  with  their  resolves  or  the 
doing  anything  that  shall  render  the  said  officers 
precarious  or  dependent  upon  the  Assembly,  and 
therefore  I  protest  against  the  doing  of  it.  Signed, 
Lewis  Morris  junr.  Endorsed,  Reed.  Aug.  27,  1729. 
S±  pp. 


AMERICA  AND   WEST   INDIES. 


425 


1729. 


June  30. 

New  York. 


July  1. 

Kensington. 

July  1. 

Barbados. 


799.  ii.  Minutes  of  Council  of  New  York,  June  13,  1729. 
Same  endorsement.  Copy.  2|  pp. 

799.  iii.  Mr.  Morris  to  Governor  Montgomerie.  A  Vindi- 
cation of  his  protest  (No.  i).  Same  endorsement. 
llf  pp. 

799.  iv-vi.  Minutes    of   Council    of   New    York.     June    26, 

April  10,  June  12,  1729.  Copy.  Same  endorsement. 
The  whole,  6  pp.  [C.O.  5, 1055.  ff.  58-64,  65u.-69i;., 
7l-76v.,  77v.-78v.,  79v.-8lv.,  S3v.] 

800.  Governor     Montgomerie     to    [?    Charles    Delafaye}. 
Abstract.     Returns  thanks  for  letter  of  23rd  April  reed,  by  Capt. 
Riggs,  and  particularly  for  having  prevented  one  of  the  Com- 
panies  doing  duty  here   being  sent  to  the   Bahama  Islands. 
Refers   to   the   extravagant   and    unaccountable    behaviour   of 
Lewis  Morris  etc.  (v.  No.  799),   and  begs  him  to  do  what  he  can 
to  get  his  suspension  from  the  Council  confirmed,   and  that 
Philip  Courtland  may  be  appointed  in  his  place.     Signed,  J. 
Montgomerie.     Endorsed,     R.     Aug.     28.     Holograph.     3    pp. 
[C.O.  5,  1093.    ff.  26-27u.] 

801.  Copy    of    Governor  Philipps'  Instructions.     [C.O.    5, 
194.    ff.  434-489.] 

802.  Mr.  Freelove  to  [?  Mr.  Wood],     Having  for  several 
years   been  conversant  among  the    Caribbee    Islands    etc.,    I 
begg  leave  to  observe,   what  sanguine   hopes  the  merchants 
in  these  parts  conceived  from  the  Duke  of  Montagu's  under- 
taking to  settle  an  English  Colony  upon  St.  Lucy  etc.       Wee 
apprehended  that  such  an  additional  strength  (whose  interest 
and  allegiance  must  have  been  the  same  with  ours)  might  at 
least  have  ballanced  the  power  of  a  potent  neighbour  :    and 
put  a  stop  to  the  frequent  interruptions  which  they  give  to 
our  trade.     But  those   hopes   soon   vanished   upon   the   fatal 
miscarriage  of  that  noble  enterprize  ;    for  when  we  found  that 
the  Martinecans  had  obliged  H.M.  subjects  to  quitt  that  island  ; 
we  feared  and  foresaw  that  they  designed  to  settle  it  for  them- 
selves :    and  the  event  has  shewn  that  our  fears  were  but  too 
well   grounded ;     for   ever   since   that   time,    they   have   been 
clandestinely    stealing    settlements    upon    that    island :     and 
have  increased  them  to  that  degree  as  I  am  credibly  informed 
(by  a  Gentleman  in  H.M.  service)  that  in  May  last  (when  he 
was  there)  they  had  upwards  of  3000  French  inhabitants  upon 
that  island  ;    and  more  daily  coming  from  Martineco  ;    besides 
their  negroe  slaves,   which  must  be  very  numerous  to  clear 
away  the  woods,  and  settle  plantations  for  so  many  inhabitants  ; 
since  we  reckon  that  we  have  above  five  blacks  to  one  white 
person  upon  our  island,  which  has  many  years  been  all  clear'd, 
and  the  necessary  works  fixt.     This  may  be  sufficient  to  convince 
his  Grace  how  necessary  it  is  to  his  own  interest,  as  well  as 


426 


COLONIAL   PAPERS. 


1729. 


July  1. 

Kensington. 


July  1. 

Kensington. 


July  1. 

Kensington. 


July  1. 

Whitehall. 


the  publick  good,  to  assert  his  right  to  that  island,  before  it  is 
too  late  ;  and  whatever  views  may  prevent  his  prosecuting 
of  the  settling  of  it  at  present ;  yet  surely  some  care  ought 
to  be  taken  to  get  the  French  recall'd  from  thence  before  they 
become  more  formidable.  For  whatever  you  in  Europe  may 
think  of  the  matter,  the  most  experienced  among  us,  are  under 
the  strongest  apprehensions  that  not  only  own  trade,  but 
settlements  may  be  in  danger  from  their  growing  power  etc., 
for  etc.  they  are  also  forming  settlements  upon  H.M.  islands 
of  St.  Vincent  and  Dominica  ;  where  they  have  lately  denyed 
the  English  subjects  the  liberty  of  getting  wood  and  water, 
as  can  be  well  attested  by  some  officers  of  H.M.  Navy  etc. 
Submits  this  to  the  consideration  of  the  Ministry  etc.,  and  their 
defenceless  state  from  the  ruinous  condition  of  the  fortifications 
etc.  Suggests  that  the  French  King  be  induced  to  recall  his 
subjects  from  the  British  islands,  or,  even  preferably,  that  H.M. 
subjects  be  permitted  to  fortify  "  some  one  or  more  of  those 
uncultivated  islands  which  laye  best  for  protecting  the  whole 
West  India  trade,  not  only  from  Guiney  to  our  Colonies,  but 
also  the  South  Sea  Company's  ships  which  goe  to  the  Spanish 
coast,  to  which  islands  H.M.  has  a  most  indisputable  right 
exclusive  of  all  others.  This  latter  method  is  preferred  by 
the  wisest  heads  amongst  us,  for  they  have  had  many  years 
experience  of  the  temper  (and  they  say  treachery  too)  of  our 
neighbours "  etc.  Signed,  Fran.  Freelove.  Endorsed,  Reed. 
3rd,  Read  9th  Dec.  1729.  3  pp.  [C.O.  28,  21.  ff.  20-21i;.] 

803.  H.M.  Warrant  (by  Queen  Caroline,  Guardian  of  the 
Realm    etc.)    appointing    William    Leslie    to    the    Council    of 
Barbados,  in  the  room  of  Richard  Lightfoot,  who  is  gone  off 
the  Island.     Countersigned,  Holies  Newcastle.     [C.O.  324,  36. 
p.  124.] 

804.  H.M.    Warrant,    as    preceding,    appointing    Edward 
Charleton  to  the   Council  of  Jamaica,   in  the  room  of  John 
Ayscough,  who  has  left  the  Island  to  settle  in  England  etc. 
Countersigned,   Holies   Newcastle.     [C.O.   324,   36.    p.   125.] 

805.  H.M.  Warrant  (by  Queen  Caroline)  appointing  Tho. 
Davers  to  be  of  the  Council  of  Barbados  in  the  room  of  Francis 
Bond    deed.     Countersigned,    Holies    Newcastle.     [C.O.     324, 
36.     p.  155.] 

806.  Mr.  Popple  to  John  Scrope,  Secretary  of  the  Treasury. 
Requests  order  to  H.M.  Printers  for  100  copies  of  the  Act  for 
better  preservation  of  H.M.  woods,  in  order  to  be  sent  to  the 
Governors    and    offices    in    the    Plantations,   and  for   another 
100  copies  of  Acts  of  Trade  and  Navigation  (specified),  those 
supplied    in    1702  having    been    all    sent    etc.     [C.O.  324,    11. 
pp.  145-151.] 


AMERICA   AND   WEST   INDIES.  427 


1729. 

July  2.  807.     Order    of    Committee    of    Privy    Council.     Referring 

Virginia,      to  the  Council  of  Trade  and  Plantations  for  their  report  a  letter 

Wmsburgh.    from  Mr  Middleton  and  a  letter  from  the  Council  of  S.  Carolina, 

with  two  representations  by  the  latter  containing  complaints 

against  the  Assembly,  which  were  referred  to  the  Committee 

22nd  May  last.     Signed,  Edward  Southwell.     Endorsed,  Reed., 

7th,  Read  8th  July,  1729.     1  p.     Enclosed, 

807.  i.  President  Middleton  to  the  Duke  of  Newcastle. 
Refers  to  letter  of  24th  June,  1727  to  Govr.  Nicholson, 
which  at  his  request  was  laid  before  his  Grace. 
Continues :  But  I  do  not  find  that  H.E.  sollicited 
that  matter  with  any  warmth,  for  reasons  best  known 
to  himself,  or  that  anything  since  before  or  after 
H.E.'s  death  hath  been  done  thereupon,  nor  any 
public  censure  of  the  Government  at  home  on  account 
of  those  riotous  proceedings,  the  want  of  which  hath 
extremely  weakened  the  hands  of  the  Government 
here  ;  For  these  people  finding  that  notwithstanding 
the  like  severall  representations  made  against  them 
no  notice  hath  been  taken  thereof,  have  run  into  all 
manner  of  licentiousness  and  things  are  now  grown 
to  that  heighth,  that  the  Assemblys  have  broke  up 
and  dispersed  themselves  without  leave,  in  contempt 
of  the  royall  authority,  and  a  new  one  being  called 
to  meet  in  Sept.  last,  the  majority  of  them  wholly 
neglected  to  meet  me  and  H.M.  Councill  in  Assembly 
to  consult  and  advise  on  the  arduous  affairs  of  the 
Province  ;  have  granted  no  supplys  for  the  support 
of  H.M.  Government  for  20  months  past,  and  upwards, 
and  abandoned  all  things  to  disorder  and  confusion, 
meerly  with  intent  to  distress  this  H.M.  Government, 
to  force  us  into  a  compliance  with  their  unreasonable 
measures,  and  to  oblige  us  to  join  with  them  in  over 
setting  all  acts,  orders  and  instructions  whatsoever, 
that  stand  in  the  way  of  their  currency.  This  has 
put  H.M.  Councill  under  an  absolute  necessity  of 
representing  all  these  affairs  to  the  King's  most 
excellent  Majesty,  by  two  severall  representations 
which  they  have  ordered  to  be  delivered  to  your 
Grace  by  the  hands  of  Mr.  Stephen  Godin  of  London 
merchant  their  Agent.  I  approve  thereof  and  all 
the  Council's  proceedings  in  relation  thereto  etc. 
Hopes  that  suitable  orders  will  be  given  to  the  new 
Governor.  "  We  have  no  standing  forces  nor  Treasury 
to  apply  to,  upon  the  most  emergent  occasions  "  etc. 
Hopes  that  "  Some  means  may  be  found  out  for 
punishing  these  disorderly  people  that  are  grown 
frantick  with  their  own  licentiousness,  and  fancy 
themselves  out  of  the  reach  and  power  of  the  Govern- 


428  COLONIAL   PAPERS. 

1729. 

ment "     etc.     Signed,    Ar.    Middleton.     Endorsed    as 
preceding.     Copy.     3  pp. 

807.  ii.  Council  of  S.  Carolina  to  the  Duke  of  Newcastle. 
Charles  Town  Council  Chamber.  19th  Dec.  1728. 
The  great  disturbances  that  have  happened  in  this 
province  for  these  two  years  past  and  upwards,  have 
at  length  put  us  under  an  absolute  necessity  of 
applying  to  His  most  sacred  Majesty  for  some  proper 
remedy  etc.  When  things  are  grown  to  such  heights 
that  H.M.  prerogative  is  openly  trampled  upon,  H.M. 
Commander-in-Chief  and  his  Councill  insulted  by 
Assemblys  within  doors,  and  by  tumults  without,  we 
cannot  any  longer  avoid  acquainting  the  Government 
therewith  etc.  The  late  Assembly  in  Sept.  last  in 
manifest  contempt  of  the  Royall  authority  brake  up 
without  leave  and  separated  themselves,  so  as  not 
to  meet  again  in  order  to  avoid  the  raising  of  a  publick 
tax,  and  a  new  one  being  duly  summoned  by  H.M. 
writts,  the  majority  of  them,  of  set  purpose,  neglected 
to  meet  the  President  and  Councill  in  Assembly  to 
consult  and  advise  with  them  upon  the  emergent 
affaires  of  this  Province,  so  as  the  rest  could  not  make 
a  House  to  transact  the  publick  business.  Tis  now 
twenty  months  and  upwards,  since  they  have  granted 
any  supplys  to  H.M.  for  the  support  of  his  Govern- 
ment. We  daily  expect  the  desertion  of  all  our 
publick  garrisons  for  want  of  pay,  no  provision  being 
made  for  payment  of  the  publick  debts,  and  all  things 
abandoned  to  disorder  and  confusion.  The  end  of 
the  several  Assemblys  in  all  this,  is  to  put  the  fate 
of  the  whole  Province  at  stake,  on  the  President  and 
Councill's  refusall  to  break  through  all  His  late 
Majesty's  Royall  Orders  and  Instructions  etc.  and 
their  own  laws  made  in  pursuance  thereof,  for  the 
gradual  reduction  of  their  currency,  and  to  reduce 
the  President  and  Councill  to  the  fatal  dilemma, 
either  of  disobeying  those  orders,  or  letting  the 
Province  sink  for  want  of  those  supplys  etc.  Pray 
that  these  proceedings  may  be  laid  before  H.M.  in 
Council  ;  and  recommend  their  Agent,  Mr.  Godin. 
Describe  contents  of  their  Representations.  Con- 
tinue :  The  end  of  the  whole  is  to  obtain  from  H.M. 
some  proper  orders  for  restraining  these  insolencys 
and  exorbitances  for  the  future,  and  above  all  things 
a  particular  instruction  prohibiting  all  succeeding 
Governors  absolutely  to  accept  of  any  temporary 
gifts  from  the  Assemblys  etc.  For  this  is  the  very 
bane  of  all  our  affairs,  neither  is  there  any  one  thing 
in  the  world  that  lessens  the  Royall  prerogative  so 


AMERICA   AND   WEST   INDIES.  429 

1729. 

much  in  these  parts,  as  the  respective  Governors 
ever  more  temporizing  and  giving  way  to  the 
Assemblys,  for  the  sake  of  these  temporary  gifts 
and  presents.  This  Province  (let  the  Assemblys  be 
what  they  will)  is  very  able  to  settle  a  fixed  salary 
of  £500  sterl.  per  ann.  on  a  Governor,  and  the 
Governors  and  Officers  fees  are  very  shamefull  at 
present,  and  ought  to  be  augumented,  at  least  double 
to  what  they  now  are.  This  allowance  of  £500  is  what 
they  gave  Col.  Moore  and  Governor  Nicholson  etc.,  but 
they  would  not  give  it  by  way  of  salary,  but  by  way  of 
present,  that  is  to  say,  if  the  Governor  would  not  come 
into  their  measures,  they  would  give  him  nothing  at  all, 
and  what  is  equally  as  bad  all  the  subordinate  officers, 
vizt.,  the  Chief  Justice,  the  Secretary  and  his  deputys, 
the  Clerk  of  the  Councill  etc.,  are  made  to  depend  for 
their  support,  on  the  precarious  humours  and  a  single 
vote  of  the  Assembly,  so  that  were  it  not  for  their 
singular  integrity,  the  Governor  would  not  be  sure 
of  one  of  his  subordinate  officers  to  be  either  diligent 
or.  faithfull  to  him  in  the  execution  of  their  trusts ; 
As  to  the  Attorney  Generall,  they  have  evermore 
refused  to  allow  him  any  salary  whatever,  so  that 
H.M.  Governor  and  Council  are  oft  times  forced  to 
court  them  to  their  duty  and  have  little  or  nothing 
to  reward  them  for  their  trouble,  nor  any  revenue 
to  apply  to,  for  that  or  any  other  service,  under  the 
greatest  emergency  whatever,  and  'tis  against  their 
interest  to  disoblige,  where  nothing  is  to  be  got,  and 
of  all  officers  the  people  have  the  least  notion  of 
supporting  an  officer  of  this  kind,  to  whose  prose- 
cutions they  so  frequently  subject  themselves,  for 
these  reasons  the  hands  of  the  Government  are  so 
much  weakened,  that  they  may  be  said  to  have  an 
executive  power,  without  a  power  to  execute  it  etc. 
The  Instruction  to  Governor  Nicholson  to  insist  on 
a  salary,  and  not  to  take  any  presents  after  a  salary 
so  fixed,  did  not  answer  the  end,  for  they  would  not 
affix  any  salary,  because  he  had  a  latitude  of  accepting 
presents  till  a  salary  was  fixed,  so  that  all  the  moneys 
that  was  paid  him  by  the  Assembly's  dureing  his 
whole  Government  of  four  years,  were  nothing  but 
presents,  and  those  presents  were  always  made  him 
on  passing  the  currency  laws,  or  doe  [ing]  something 
else  extraordinary  to  gratify  them,  and  which  laws 
their  Excellencys  the  Lords  Justices  saw  just  reason 
to  repeale  etc.  Recommend  the  Hon.  Richard  Allein, 
the  present  Chief  Justice,  for  his  capacity  and  loyalty 
etc.  Signed,  Ra.  Isard,  Wm.  Bull,  A,  Skene,  Benja. 


430  COLONIAL   PAPERS. 

1729. 

Schenckingh,  James  Kinlock,  Char.  Hart,  Benja.  de 
la  Conseillere.  Endorsed  as  preceding.  Copy.  9  pp. 
807.  iii.  Same  to  the  King.  Regret  necessity  of  representing 
the  present  ill  state  of  the  Province,  "  occasioned 
by  a  restless  sett  of  people,  who  seemed  to  have 
abandoned  all  rule  for  maintaining  of  civill  order  and 
society,  all  regard  to  publick  faith,  and  totally 
neglected  to  make  any  provision  for  their  own  security, 
or  to  raise  any  supplies  for  the  support  and  defence 
of  your  Majesty's  Government,  for  twenty  months 
past  and  upwards  "  etc.  Continues :  There  is  a 
sett  of  people  who  etc.  have  endeavoured  to  trample 
upon  the  Royall  authority,  in  the  person  of  your 
Majesty's  Commander  in  Chief,  and  of  your  Councill, 
in  the  most  egregious  manner.  Your  Majesty's 
Commander  in  Chief  and  Councill  for  now  two  years 
past,  have  been  ever  and  anon  insulted  by  divers 
virulent  resolves,  invective  messages,  and  unwarrant- 
able proceedings  of  the  Representatives  of  the  people 
within  doors,  and  by  seditious  remonstrances  and 
declarations  of  tumults  without  doors,  and  for  no 
other  reason,  but  because  we  have  refused  to  joyne 
with  the  Assemblys  in  passing  of  laws,  diametrically 
opposite  to  his  late  Majesty's  royall  orders  and 
instructions,  highly  prejudicial!  to  trade,  and  the 
property's  of  your  Majesty's  subjects,  both  in  Great 
Britain  and  this  Colony,  and  repugnant  to  the  Act 
for  adjusting  the  rates  of  foreign  coins  in  these  parts 
etc.  For  this  cause,  and  this  only,  the  late  lower 
House  of  Assembly  have  in  manifest  contempt  of 
your  Royall  authority,  taken  upon  them  to  break 
up,  without  leave,  and  dispersed  themselves  so  as  not 
to  meet  again,  and  that  without  making  any  provision 
for  the  support  or  defence  of  this  your  Majesty's 
Government.  Your  Majesty's  President  and 
Commander-in-Chief  having,  by  the  advice  of  Your 
Majesty's  Councill,  dissolved  this  Assembly,  for  their 
high  contempt  offered  to  your  Royall  authority,  and 
being  under  a  necessity  of  calling  another  Assembly, 
to  meet  in  September  last,  the  majority  of  them 
have  refused  and  neglected  to  meet  your  Majesty's 
President  and  Councill  etc.,  tho'  duly  summoned  etc., 
so  as  the  rest  could  make  no  house  to  transact  the 
publick  business.  By  this  method  the  payment  of  the 
publick  debts  is  totally  neglected,  and  we  expect 
daily  the  desertion  of  all  our  publick  garrisons  for 
want  of  pay.  Pray  for  an  examination.  Signed 
as  preceding,  "  with  my  approbation,  Ar.  Middleton." 
3$  pp. 


AMERICA   AND   WEST   INDIES.  431 

1729. 

807.  iv.  Certificate  by  President  Middleton  as  to  the  signing 
of  following  in  his  presence,  19th  Dec.,  1728,  and  of 
his  approval  thereof  etc.  Signed,  AT.  Middleton. 
I  p. 

807.  v.  Representation  of  Council  of  S.  Carolina  to  the 
King.  Recapitulate  history  of  the  paper  currency 
and  consequent  defrauding  of  creditors  1717  ff.  "  which 
has  been  the  chief  cause  of  all  their  disorders,  owing 
to  the  restless  endeavours  of  the  people  to  break 
through  all  measures  taken  for  reducing  the  currency 
from  time  to  time."  Continue  : — The  Governors  and 
people  have  always  been  for  promoting  these  bills 
and  looked  with  an  evil  eye  on  the  Council  for  opposing 
them.  In  Dec.  1726,  when  the  Council  refused  to 
agree  to  their  proposal  to  add  £86,100  more  to  their 
currency,  the  Assembly  refused  to  raise  any  tax 
though  in  great  danger  for  want  of  defence,  and 
raised  riots.  Thomas  Smith  was  one  of  the  chief 
rioters.  He  now  declared  that  there  was  necessity 
for  a  bold  stroke,  and  that  some  men,  meaning  the 
Council  must  be  put  into  bodily  fear  etc.  They 
formed  themselves  into  conspiracy  and  associations 
to  defend  each  other  in  refusing  payment  of  taxes, 
and  prepare  a  Representation  to  the  President  and 
Council  containing  insolent  invectives  and  threats 
if  they  did  not  obtain  reliefe  etc.  Upon  discussing 
this  Remonstrance  their  grievances  will  appear  to 
be  reduced  to  these  two  points,  vizt.  the  Council 
insisting  that  the  £15,000  therein-mentioned  should 
be  sunk  according  to  the  law  founded  on  the  Lords 
Justices  Orders,  and  in  so  doing  the  Council  is  charged 
with  a  design  of  ruining  the  Province,  the  other,  that 
the  Council  have  obstructed  the  making  a  sufficient 
quantity  of  bills  for  the  trade,  as  they  call  it,  but 
in  truth  to  pay  their  debts,  wherefore  the  rioters 
resolve  in  the  rebellious  style  of  redressing  themselves 
as  God  should  enable  them.  The  President  by  the 
advice  of  the  Council  issued  a  proclamation  command- 
ing them  to  disperse,  to  which  they  paid  no  regard. 
Whereupon  Alexander  Skene,  one  of  H.M.  Council, 
committed  one  of  the  chief  rioters,  being  met  with 
several  others  at  Dorchester.  Upon  this  they  increased 
their  multitudes,  so  that  the  President  thought  it 
necessary  to  goe  in  person,  and  after  some  reasoning 
and  consenting  to  the  release  of  Mr.  Smith,  they 
promised  to  disperse  and  burn  their  remonstrances. 
Nevertheless  on  3rd  May,  1727,  they  sent  two  of  their 
chiefs,  William  Waities  and  John  Jones,  to  deliver 
the  above  Representation,  but  the  Council,  knowing 


432  COLONIAL   PAPERS. 

1729. 


what  it  was,  advised  them  not  to  offer  any  papers 
which  that  Board  could  not  in  honour  receive  and 
would  be  dangerous  for  them  to  present,  upon  this 
they  promised  to  returne  to  their  own  nouses,  and 
in  hopes  there  would  be  an  end  to  these  tumults, 
Smith  was  released.  But  in  a  few  days  they  got 
together  250  men,  who  marched  to  the  town  on  horse- 
back, headed  by  William  Drake,  George  Pawley, 
John  Jones,  William  Waitie,  Thomas  Smith,  Daniel 
Dunovant,  Samuel  Saunders  and  John  Moore.  The 
two  first  rode  up  to  the  Council  Office  and  delivered 
the  foregoing  Representation  very  little  amended  with 
swords  by  their  sides  and  pistolls  under  their  arms 
to  the  President,  to  the  great  terrour  and  amazement 
of  all  the  inhabitants.  The  President  fearing  to  make 
an  alarm  or  to  seize  them  lest  the  people  should  destroy 
one  another  and  the  weakness  of  the  Government 
be  exposed  in  case  he  should  fail,  said  he  could  give 
no  answer  without  the  advise  of  his  Council  etc. 
[whereupon}  they  departed  from  the  town  but 
continued  their  meetings  and  associations,  and 
particularly  on  5th  July  met  at  a  place  called  Watboo 
about  30  miles  from  Charles  Town,  to  the  number  of 
between  20  and  30,  where  the  President  sent  one  Col. 
Drake  to  demand  the  occasion  of  their  meeting,  they 
returned  this  insolent  answer  that  they  knew  of  no 
law  against  their  meeting,  that  they  met  there  for 
the  good  of  the  Province,  and  that  the  best  way  to 
prevent  their  meeting  was  to  call  an  Assembly.  Soon 
after  they  resolved  on  a  generall  meeting  from  all 
parts  at  Dry's  Savanah  about  22  miles  from  Charles 
Town  and  within  two  miles  distant  from  the  President's 
house,  on  which  the  President  issued  a  new  warrant 
against  several  of  the  Ringleaders  likewise  a  Proclama- 
tion forbidding  the  said  riotous  meeting  etc.  Amidst 
these  disorders  Landgrave  Thomas  Smith  the  fifth 
in  rank  of  your  Majesty's  Council  sought  an  occasion 
of  getting  himself  proclaimed  President  under  pretence 
of  being  named  one  of  the  first  of  your  Majesty's 
Council  in  the  Commission  for  trying  of  pirates  etc. 
The  President  having  called  the  Council  together  in 
Charles  Town  he  discovered  two  originall  letters  under 
Smith's  own  hand  to  Capt.  John  Croft  in  Charles 
Town,  8th  and  10th  June,  1727,  informing  him  that 
the  meeting  at  Dry  Savanants  was  put  off  till  Tuesday, 
because  the  time  appointed  was  not  sufficient  to  get 
a  body  of  people,  that  he  heard  sudden  news  of  the 
country's  coming  to  town  to  make  a  revolution,  what 
might  be  in  time  he  could  not  tell  but  there  were 


AMERICA   AND   WEST   INDIES.  433 

1729. 

many    people    who    were    aggrieved    in    the    country 
could  not  so  soon  get  into  a  body,  and  desires  to  know 
who  they  are  that  indicated  Middleton  and  his  sham 
Counsellors  etc.     Upon  this   discovery  the   President 
caused  Smith  to  be  apprehended  by  the  Town  Constable 
assisted  by  some  of  Capt.  Anson's  men  for  high  treason 
in   endeavouring   to   raise    an   insurrection    and   levy 
warr    against    your    Majesty    and    caused    a   generall 
alarm  to  be  fired  to  discover  the  sentiments  of  the 
country,   with  orders  for  severall   of  the   Companys 
to  march  to  Charles  Town  to  oppose  such  attempts 
which  broke  the  meeting  at  Dry  Savanah.     But  divers 
of  the  rioters  who  were  to  have  met  at  Dry  Savanah 
joyned    themselves    with    the    Goosecreek    Company 
commanded  by  one  Captain  William  Dry  who  had  been 
ordered  to  march  towards  Charles  Town  in  order  to  break 
that  meeting  and  not  from  any  service  the  Government 
expected  of  them  most  of  them  being  concerned  in 
that     general     meeting     themselves.      The    Provost 
Marshall  who  had  warrants  for  apprehending  several 
rioters  particularly  one  Jones,  espyed  him  marching 
with  the  Company  and  demanded  his  assistance  of 
the  said  Captain  in  your  Majesty's  name  in  appre- 
hending him,  but  severall  of  the  Company  immediately 
surrounded    him    cocked   their   pistolls    at    him   etc.  ; 
others    assaulted  and  beat  both  him  and  his  Deputy 
etc.     Being  halted  about  six  miles  distant  from  the 
town,   they   deputed   Capt.   Dry,    Tobias   Fitch    and 
John  Palmer  who  delivered  severall  insolent    papers 
and  declarations  to  the  President  in  Council,  saying 
they    were    ignorant    of   the    Landgrave's    intentions 
and   believed   it   to   be   only   an   artfull   amusement 
(meaning  of  the  Governmt.  themselves),  and  insinu- 
ating that  the   Province   was   at  the   brink   of  ruin 
from  the  grievances  they  laboured  under  signed  by 
98  etc.     They  declared  their  abhorrence  of  the  manner 
of  Smith's  being  apprehended  (meaning  that  Capt. 
Anson's  men  were  employed  in  assisting  the  Constables), 
and  that  they  and  the  rest  of  the  officers  would  lay 
down    their    commissions    unless    the    Assembly    was 
forthwith  called  and  the  people's  grievances  redressed. 
They    said   they   were    sent   by  the  People  and  per- 
emptorily required  an  immediate  answer,  and  loudly 
and  imperiously  demanded  satisfaction  for  the  Provost 
Marshal's  calling  them  rebels  etc.     Finding  they  could 
obtain  nothing  by  force  they  abate  of  their  stile  and 
present   another  petition   called  the   Petition   of  the 
Inhabitants  tho'  there  was  not  above  60  hands  to  it, 
setting  forth  that  they  laboured  under  great  difficulties 

C.P.  xxxvi— ?8 


434  COLONIAL   PAPERS. 

1729. 


and  grievances  from  the  irregularities  of  the  Courts 
of  Justice,  the  uncertain  regulation  of  the  currency, 
and  that  they  were  apprehensive  that  this  year's  tax 
would  not  be  paid  in  on  account  of  some  mistakes 
about  the  tax  and  the  uneasiness  of  the  people  on 
account  of  the  ways  and  meanes  taken  in  raising  it. 
That  they  were  afraid  of  a  warr,  and  the  ill  state  of 
the  fortifications  and  the  guardless  condition  of  their 
frontiers  put  them  under  great  apprehension  etc.  The 
President  and  Council  being  fully  apprized  that  their 
whole  designe  etc.  was  to  force  the  Government  to  fall 
into  their  measures  about  the  currency,  and  that  this 
petition  had  been  sett  on  foot  by  several  sed'tious 
persons  for  that  end,  they  were  no  ways  fond  of 
calling  an  Assembly  at  this  time,  and  the  President 
thought  it  absolutely  necessary  to  issue  a  Proclamation 
in  vindication  of  the  Council,  who  had  been  traduced 
for  refusing  to  pass  the  laws  sent  up  last  Sessions  for 
enlarging  the  currency  etc.  Whilst  the  people  were 
actually  under  arms  or  before  they  had  dispersed 
they,  in  defyance  of  all  the  Proclamations  etc.,  posted 
publick  advertizemts.  on  the  high  roads  to  invite 
all  others  into  their  rebellious  Associations  and 
publickly  appointed  days  and  places  of  their  intended 
meetings  etc.  The  President  thereupon  sent  their 
Coll.  Jonathan  Drake  to  dismiss  the  Company  etc. 
Notwithstanding  this,  they  continued  in  the  high- 
roads, hoisted  flaggs,  and  at  length  went  severall  of 
them  to  the  house  of  Joseph  Fitch  (brother  of  Tobias), 
there  sett  up  a  white  flagg  etc.,  and  held  consultations 
for  seizing  two  of  the  Council  (Alexander  Skene  and 
Benjamin  de  la  Consilier)  by  way  of  reprizall  for 
Smith.  Tobias  Fitch  offered  to  lead  them  etc.,  so 
that  Skene  was  forced  to  be  conducted  to  his  plantation 
by  water  by  Capt.  Anson's  men  etc.  The  merchants 
having  represented  to  the  President  and  Council  that 
the  calling  an  Assembly  might  quiet  the  uneasiness 
of  the  people  etc.,  and  because  they  were  daily  under 
apprehension  of  a  warr  with  Spain  etc.,  the  Assembly 
was  called  for  Aug.  1st,  though  the  Government  had 
little  expectation  from  this  Assembly  the  greatest 
part  of  which  now  openly  favoured  these  tumults 
under  pretence  of  supporting  the  subjects'  right  of 
petitioning.  The  Assembly  meeting,  on  2nd  Aug. 
proceeded  to  pass  several  resolves  highly  reflecting 
on  the  President  and  Council  etc.,  insinuating  as  if 
they  had  denyed  the  people  a  right  of  petitioning, 
and  censuring  the  last  mentioned  Proclamation,  and 
roundly  resolved  (against  all  truth)  that  they  had 


AMERICA   AND   WEST   INDIES. 

1729. 

never  proposed  any  bills  at  their  former  sessions 
contrary  to  H.M.  royall  orders  and  Instructions, 
altho'  it  appeared  by  their  own  Journalls  that  on 
15th  Dec.,  1726,  they  sent  up  a  bill  for  adding  £36,100 
to  the  currency  etc.,  and  altho  they  had  spent  most 
of  the  last  session  in  contriving  schemes  for  enlarging 
their  currency  and  for  re-issueing  of  what  was  to  be 
sunk  in  breach  of  the  Act  etc.  After  this  they  received 
tumultuous  petitions  from  the  parishes,  five  in  all, 
signed  by  about  200  persons  most  of  them  of  the 
meaner  sort,  the  substance  of  all  being  much  the 
same,  viz.  to  increase  their  currency  or  to  sett  a  rate 
on  forreign  coynes  according  to  the  present  standard 
of  their  bills  and  thus  to  have  altered  all  the  prices 
set  by  the  Act  for  ascertaining  the  rates  of  foreign  coin 
etc.  The  Assembly  presented  the  persons  who  brought 
these  petitions  with  copies  of  their  resolutions  against 
the  President  and  Council  etc.  The  Creek  Indians 
having  made  several  irruptions  and  murdered  severall 
of  the  inhabitants,  the  Assembly  resolved  to  build 
forts  and  raise  men,  but  to  defray  the  expence  they 
proposed  that  bills  should  be  re-issued  and  the  sinking 
fund  applied  for  that  purpose  etc.  So  here  was 
nothing  to  be  done  etc.  The  next  thing  they  took 
in  hand  was  a  memorial  of  Landgrave  Smith  who 
had  so  farr  debased  himself  as  to  apply  to  the  Lower 
House  for  relief,  etc.,  complaining  of  the  manner  of 
his  being  apprehended,  as  if  it  had  been  anything 
new  for  the  Millitary  power  to  assist  the  civil  to 
apprehend  offenders  who  had  formed  a  design  of 
oversetting  the  Government  etc.,  and  complaining 
against  the  new  Chief  Justice,  that  he  would  not 
grant  him  a  Habeas  Corpus  in  Vacation  at  his  Chambers 
etc.,  persons  committed  for  treason  expressed  in  the 
warrant  being  particularly  exempted  out  of  the  Act 
from  having  the  benefit  of  the  Habeas  Corpus  in 
Vacation  etc.,  and  praying  that  they  would  declare 
him  within  the  Habeas  Corpus  Act  etc.  The  Assembly 
ordered  a  hearing  on  that  Memorial,  whereupon  the 
President  demanded  copies  of  the  memorial  and  their 
resolves  thereupon,  of  which  the  Assembly  took  no 
notice,  but  on  his  demanding  them  a  second  time, 
they  answered  that  they  had  ordered  their  Clerk  to 
deliver  the  copies  required  etc.  On  Aug.  4th  they 
ordered  the  Clerk  of  the  Crown  to  produce  the  papers 
relating  to  Smith's  commitment,  and  the  Chief  Justice 
to  attend  their  House,  which  he  refused  etc.  The 
President  thereupon  commanded  the  attendance  of 
the  House  and  ordered  them  to  desist  from  inter- 


436  COLONIAL   PAPERS. 

• 

1729. 


medling  with  Smith's  affair  as  belonging  to  the  King's 
Courts  only,  and  told  them  that  he  would  not  suffer 
the  King's  Prerogative  to  be  violated.  They  however 
continued  to  examine  Smith's  memorial  in  regard  to 
a  Habeas  Corpus  and  bail,  whereupon  the  President 
agreed  with  the  Council  that  they  ought  to  be 
dissolved,  but  as  we  were  daily  under  apprehensions  of 
some  irruptions  intended  to  be  made  by  some  enemy 
Indians,  from  the  Spaniards  at  Augustine  etc.,  they 
were  only  prorogued  etc.  till  2nd  Sept.  The  President 
having  received  several  accts.  of  the  murders  com- 
mitted by  the  Yamasee  Indians  on  the  Southern 
frontiers,  they  were  summoned  to  meet  again  23rd 
Aug.  H.E.  reminded  them  of  their  promise  of  taking 
effectual  methods  for  guarding  the  frontiers  etc. 
A  Committee  reported  it  absolutely  necessary  to  raise 
300  men,  but  they  would  raise  no  other  fund  but  by 
re-issuing  bills  and  applying  the  sinking  fund  till  the 
war  be  ended.  The  majority  of  the  Council  were 
prevailed  on  to  consent,  against  their  inclinations, 
upon  their  agreeing  to  repay  the  money  again  out 
of  the  dutys,  but  Ralph  Izard  and  Benjamin  de  la 
Consiliere  dissented.  H.E.  told  them  that  it  was 
chiefly  for  this  business  that  he  had  called  them 
together,  to  which  they  answered  that  they  never 
heard  that  Assemblys  were  confined  to  what  they 
were  to  do,  so  they  had  without  loss  of  time  passed 
and  sent  up  a  bill  for  promoting  and  carrying  of  silver 
and  gold  and  was  a  bill  of  so  much  consequence  to 
the  general  welfare  as  to  merit  our  consideration,  nay, 
the  passing  of  it  would  contribute  to  perfect  the  present 
expeditions.  The  title  of  this  bill  was  to  promote  the 
currency  of  gold  and  silver  by  fixing  the  value  thereof 
in  the  present  paper  currency  etc.  the  Governor  and 
Council  rejected  it  as  contrary  to  the  Act,  for  ascer- 
taining the  rates  of  foreign  coin  etc.  and  H.E.'s  17th 
and  29th  Instructions,  and  informed  the  Assembly 
accordingly,  signing  their  said  reasons,  and  saying 
that  they  could  not  pass  it  without  a  saving  clause, 
till  H.M.  pleasure  be  signified  thereon.  By  their 
message  of  21st  Sept.  the  Assembly  thereupon 
insolently  arraigned  the  Council,  charging  them  with 
arbitrarily  imposeing  upon  them  and  destroying  their 
undoubted  privileges  and  introducing  tyranny  etc. 
The  President  and  Council  gave  proper  replies,  but 
could  not  dissolve  them,  without  first  raising  supplies 
and  sending  out  forces  against  our  Indian  enemy, 
which  they  very  well  knew  etc.  On  21st  Sept.,  1727 
they  sent  up  another  bill,  to  ascertain  the  value  of  the 


AMERICA   AND   WEST   INDIES.  437 

1729. 

paper  bills  etc.,  the  same  in  substance  with  the  former 
etc.  Described.  The  Council  rejected  it  etc.  This 
Assembly  was  closed  with  the  passing  the  Act  for 
carrying  on  the  expeditions  against  the  Indians, 
against  which  Mr.  Ralph  Izard  and  Benjamin  de  la 
Consiliere,  two  of  H.M.  Council,  entered  their  protests, 
for  that  the  moneys  appropriated  to  those  uses  was 
to  be  taken  out  of  the  bills  which  by  law  were  to  be 
called  in  and  sunk  pursuant  to  the  Lords  Justices' 
orders.  The  President  prorogued  this  Assembly  to 
Nov.,  which  was  soon  after  determined  by  the  demise 
of  his  late  Majesty,  and  a  new  one  called  to  meet 
Dec.  18,  which  could  not  be  qualifyed  by  reason  the 
severall  writts  were  not  duly  published  nor  executed 
by  the  proper  officers,  and  another  Assembly  called 
to  meet  31st  Jan.,  1727.  The  President  in  his  Speech 
recommended  to  them  to  provide  for  the  charges  for 
the  year  ensuing,  and  to  provide  for  the  security  of 
their  fellow  subjects  that  lived  on  the  Southern  parts, 
who  dare  not  live  in  their  own  houses,  but  were  obliged 
to  herd  four  or  five  famillys  together  to  defend  them- 
selves against  the  Indians  etc.  He  had  lately  been 
amongst  them  and  done  everything  in  his  power,  but 
unless  something  most  lasting  was  done  by  this 
Assembly,  they  would  be  forced  to  leave  their  settle- 
ment etc.  They  showed  a  great  deal  of  forwardness  in 
proposing  measures  for  this  purpose,  appointing  guards 
to  the  water  passages,  sending  scout-boats  erecting 
small  forts  and  batteries  etc.,  and  raising  men 
sufficient  for  guarding  the  whole,  which  being  agreed 
to  by  the  Council,  a  bill  for  the  better  securing  the 
Southern  frontiers  was  sent  up  on  14th  Feb.,  but  at 
the  third  reading  payment  for  the  same  by  a  public 
tax  was  rejected,  and  though  the  expedition  against 
the  Lower  Creek  was  now  laid  aside  and  they  had 
agreed  the  very  last  Sessions  of  the  former  Assembly 
that  the  dutyes  when  those  expeditions  were  over 
should  goe  towards  sinking  the  bills  as  by  law  appointed, 
yet  they  now  resolved  that  the  moneys  ariseing  by 
that  sinking  fund  be  applyed  towards  raising  of  men 
for  the  better  securing  the  Southern  frontiers.  For 
this  reason  the  Council  unanimously  rejected  it  etc. 
Next  day  they  sent  up  a  new  currency  bill,  to  ascertain 
Ihe  discount  upon  paper  bills,  the  same  in  substance 
as  the  two  former  etc.  The  whole  secret  of  all  these 
bills  and  their  other  attempts  of  this  kind  is  to  defeat 
the  Lords  Justices'  orders  and  their  own  law  for 
sinking  their  bills  of  credit  etc.,  or  if  they  must  be 
forced  at  last  to  sink  them  by  degrees,  they  would 


438  COLONIAL   PAPERS. 

1729. 


have  laws  made  to  enable  the  debtor  to  pay  off  the 
creditor  on  Proclamation  money  at  the  rates  they 
would  now  settle  etc.  All  their  projects  about  settling 
currency,  and  discount,  establishing  banks  and  making 
laws  for  tendring  commodities  in  descharge  of  debts 
etc.,  all  tend  to  the  same  one  purpose,  that  as  the 
generality  of  the  people  are  got  into  debt  by  buying 
of  negroes  beyond  their  abilities,  they  would  screen 
the  debtors  from  their  creditors  etc.  The  populace 
never  failed  to  send  such  Representatives  as  will  best 
answer  the  debts  they  send  them  for.  After  they  had 
sat  for  eight  weeks,  the  President  reminded  them  of 
his  message,  23rd  Feb.,  as  to  providing  for  the  security 
of  the  Southern  frontier  etc.  But  the  Assembly 
insisted  on  their  discount  bill  etc.  The  Council  sent 
reasons  why  they  could  not  pass  it,  whilst  the 
Assembly  insisted  upon  settling  their  paper  currency. 
The  President  refused  their  request  for  an  adjourn- 
ment and  let  them  know  that  he  would  make  no  more 
breaches  on  the  sinking  fund  etc.  Upon  this  they 
desired  the  sending  of  the  expedition  of  300  men 
against  the  Creek  Indians  when  there  was  no  occasion 
for  it,  (they  were  brought  to  terms  without  it)  in  order 
to  draw  the  moneys  out  of  the  sinking  fund,  which 
the  President  refused.  They  then  made  a  show  of 
raising  a  tax,  but  delayed  the  second  reading  of  the 
tax  bill,  endeavouring  to  weary  out  the  Council, 
appointing  Committees  to  consider  bills  about  every 
trifle,  and  then,  12th  April,  sent  up  another  currency 
bill,  to  promote  the  importation  of  gold,  of  the  same 
stamp  with  their  silver  bill,  to  force  creditors  to  take 
it  at  the  price  set  upon  it  by  their  act  and  the  prices 
made  perpetual.  After  adjournment  till  1st  May, 
the  Council  let  them  know  that  their  further  neglecting 
to  pass  the  tax  bill  would  as  we  believed  be  looked 
upon  by  your  Majesty  as  a  designe  to  distress  the 
Government,  nevertheless  the  majority  of  the  Council, 
three  against  two,  in  order  to  try  to  get  a  supply  for 
the  support  of  the  Government  did  agree  to  submit 
the  good  or  evil  of  that  bill,  to  your  Majesty  and 
therefore  passed  it  once  with  a  saving  clause  (dissenting 
R.  Izard  and  B.  de  la  Consiliere)  etc.  but  the  Assembly 
rejected  the  saving  clause.  Wherefore  the  Council 
rejected  the  bill  and  acquainted  them  that  we  should 
not  pass  the  bill  for  altering  the  currency  or  any  ways 
affecting  the  property  of  any  of  your  Majesty's  subjects 
without  such  a  clause  etc.,  and  urged  to  make  provision 
for  the  support  of  Government  etc.  In  reply,  they 
said  they  had  been  busy  investigating  the  deficiencies 


AMERICA   AND   WEST   INDIES.  43!) 

]729. 

of  the  last  year's  tax  etc.,  and  insisted  on  their  currency 
bill,  and  arraigned  the  President  and  Council  for 
distressing  H.M.  subjects.  The  President  and  Council 
replied  etc.  and  desired  to  know  whether  they  would 
pass  the  tax  bill  or  not  ?  Delay  would  be  regarded 
as  a  denial  etc.  The  Assembly  paid  no  regard  to  this 
message,  and,  instead  of  granting  supplies,  resumed 
the  affair  of  Landgrave  Smith,  complaining  of  Chief 
Justice,  Richard  Allein,  for  not  granting  him  a  Habeas 
Corpus,  and  summoning  him  to  justify  himself  at  the 
bar  of  the  House.  He  refused,  explaining  that  it 
was  an  affair  not  cognizable  before  them  etc.  The 
Assembly  resolved  that  this  was  an  affront  to  their 
House  and  ordered  him  to  be  taken  into  custody, 
even  though  he  was  attending  on  the  President  and 
Councill.  Their  Messenger  abruptly  forced  open  the 
door  of  the  Council  Chamber  and  endeavoured  to 
force  him  from  the  Council  table,  without  even 
acquainting  the  President  with  his  errand.  Where- 
upon the  President  ordered  him  downstairs,  which 
proceeding  the  Assembly  resolved  was  arbitrary  and 
an  unprecedent  infringement  of  their  liberties. 
Whereupon  they  were  dissolved  and  another  Assembly 
called  for  9th  July.  This  met  with  the  same  temper 
as  the  last,  chose  the  same  Speaker,  and  the  greater 
part  of  them  the  same  members.  At  their  presenting 
the  Speaker,  instead  of  desireing  as  was  usual  he 
demanded  a  conservation  of  the  same  rights  and 
priviledges  which  Parliament  of  England  and  former 
Assemblies  of  this  Province  had  enjoyed  time  out 
of  mind,  and  so  preposterously  joines  prescription  of 
this  Colony  to  that  of  your  Majesties  Kingdom  of 
Great  Britain,  when  'tis  a  point  settled  that  none  of 
your  Majesties  Colonies  ever  had  as  yet  a  right  to 
prescribe  etc.  The  President  told  them,  that  as  he 
did  not  intend  to  invade  their  priviledges,  so  he 
desired  them  not  to  invade  his.  He  desired  them  to 
provide  for  the  public  debts  and  safety  by  a  tax.  He 
informed  them  that  he  should  lay  before  them  a  letter 
from  the  Commander  of  Fort  Moore  stating  that  the 
garrison  had  given  him  notice  that  they  designed  to 
leave  it  next  month,  and  that  he  himself  designed 
to  do  the  same,  and  that  no  doubt  the  other  garrisons 
under  public  pay  would  follow  their  example  unless 
timely  prevented  by  due  payment.  He  likewise 
acquainted  them  that  there  was  a  scheme  before  the 
Lords  of  the  Admiralty  for  making  Port  Royal  Harbour 
a  place  of  rendezvous  for  H.M.  ships  of  warr  in  America, 
in  case  a  channel  were  found  deep  enough  to  receive 


440  COLONIAL   PAPERS. 

1721). 

them,  and  of  how  great  benefit  and  advantage  it 
would  be  to  the  Colony.  In  reply  they  promised 
fair  and  the  survey  of  the  Harbour  was  agreed  to  and 
is  now  performed.  But  they  resolved  not  to  consider 
of  means  to  raise  a  supply,  and  revived  a  currency 
bill  for  setting  a  rate  on  foreign  coins  as  before,  and 
to  allow  these  to  be  paid  for  duties  instead  of  their 
additional  bills  of  £40,000  and  ordered  to  be  sunk, 
and  so  entirely  overset  their  sinking  law  etc.  Where- 
fore the  Council  rejected  it,  July  19  and  20.  They 
desired  adjournment,  but  the  President  reminded 
them  of  provision  for  support  of  Government.  Where- 
upon they  adjourned  to  Monday,  but  in  manifest 
breach  of  all  rule  and  order,  never  after  met  againe, 
save  two  or  three  at  most  with  their  Speaker,  who  on 
the  24th  also  absconded  themselves.  The  President 
with  the  unanimous  advice  of  the  Council  therefore 
dissolved  them,  27th  July.  On  7th  Aug.  new  writs 
were  issued  for  calling  an  Assembly  17th  Sept.,  where 
the  President  and  Council  attended  their  coming, 
from  18th  to  21st.  But  no  sufficient  number  of  them 
appeared  to  constitute  a  House.  The  President 
being  willing  rather  to  attribute  the  same  to  sickness 
or  accident  then  to  any  contempt  offered  to  your 
Royal  authority,  prorogued  them  by  two  several 
prorogations  unto  20th  Nov.  following,  when  he  and 
the  Council  again  attended  till  23rd,  but  the  majority 
of  the  Assembly  absented  themselves  of  set  purpose, 
so  that  the  rest  could  not  constitute  a  House.  He 
therefore  dissolved  them  by  proclamation  etc.  Pray 
H.M.  to  send  a  Governor  with  Instructions  deemed 
necessary  to  put  a  stop  to  such  insolent  proceedings 
etc.  Signed  as  No.  ii  (5  torn).  Same  endorsement. 
Abstract.  44  pp.  [C.O.  5,  360.  ff.  92,  93i;.-100, 
101y.-103t;.,  104i;.,  105-149  (recto  only),  I50v.] 

July  3.         808.     Council    of    Trade    and    Plantations    to    the    Lords 
Whitehall.     Commissioners  of  the  Treasury.     Request  payment  for  Office 
expenses  and  Officers'  salaries  for  quarter  ending  Midsummer. 
Accounts  annexed.     [C.O.  389,  37.     pp.  302,  303.] 

July  3.         809.     Governor  Lord  Londonderry  to  the  Council  of  Trade 

St.  Christ-    and    Plantations.     Encloses   duplicates    of  all   acts   passed   at 

ophers.     g^    Christophers  since  his  arrival  (i)  for  settling  £2000  pr.  ann. 

current  money  on  himself  during  his  Government ;    (ii)  laying 

duties  on  sugars,  molasses  and  other  goods  of  the  growth  and 

manufacture   of  this  island  exported  etc.,   (iii)  for  supplying  a 

defect  in  an  Act  passed  this  year  for  levying  duties  on  sugars  etc. 

(iv)  for  raising  a  tax  on  negroes  by  the  poll  for  and  towards  the 


AMERICA   AND   WEST   INDIES.  441 

1729. 

erecting  a  Court-house  in  Basse-terre,  (v)  to  regulate  the  militia, 
(vi)  for  raising  a  tax  on  negroes  and  oilier  slaves  and  on  the  value 
of  house-rents  in  the  sever  all  towns  within  this  island  and  for 
building  a  wall  to  compleat  Charles  Port  and  the  other  fortifications, 
(vii)  for  establishing  a  market  at  Basseterre,  Sandy  Point,  Old 
Road  and  Deep  Bay,  and  for  ascertaining  the  prices  of  meat  etc. 
Continues : — I  also  enclose  a  duplicate  of  the  Minutes  of  Council 
Oct.  24,  1727  to  Feb.  15,  1728  etc.,  and  a  transcript  of  the 
Minutes  of  Council  from  that  time  to  31st  Dec.,  1728,  as  also 
the  Minutes  of  this  Assembly  from  24th  Oct.,  to  19th  Dec. 
1727,  and  another  transcript  thereof  from  that  time  to  the 
31st  Dec.,  1728  etc.,  to  which  time  I  have  ordered  the  Secretary, 
and  his  respective  Deputies,  as  well  as  the  Clerks  of  the  respective 
Assemblies  of  these  Islands,  to  compleat  their  Minutes,  and 
that  for  the  future  they  do,  on  pain  of  being  suspended  from 
their  offices  deliver  me  every  six  months  copys  of  the  Minutes 
of  the  Council  and  Assemblys  with  duplicates  thereof  in  order 
to  be  transmitted  to  your  Lordships  in  a  more  regular  manner 
that  I  find  has  hitherto  been  done  in  this  Government,  and  I 
shall  take  care  to  see  they  comply  with  my  directions.  Refers 
to  enclosed  list  (No.  i).  Continues  : — As  Mr.  Smith  and  Mr. 
Douglas  the  two  first  I  have  brought  into  the  Council  agreable 
to  my  Instructions,  I  desire  leave  to  add  to  the  list  Gilbert 
Fleming  and  Abraham  Paine  Esqrs.  to  keep  the  number  up 
to  six  etc.  I  placed  Mr.  Smith  in  the  room  of  Mr.  John  Willett, 
who  before  my  arrivall  here  had  resigned  his  seat  at  that  Board, 
but  however  finding  him  still  in  H.M.  Instructions  to  me,  and 
a  very  worthy  capable  man,  I  endeavoured  to  prevail  with 
him  to  return  to  his  station  but  in  vain,  he  having  determined 
to  concern  himself  no  more  with  publick  affairs.  The  number 
of  the  Council  by  the  departure  of  Major  Milliken  for  Great 
Britain,  to  continue  there  the  residue  of  his  life,  again  falling 
under  seven,  I  appointed  John  Douglas  Esqr.  of  the  Council 
in  his  stead  pursuant  to  my  Instructions  on  that  head,  he  is 
a  gentleman  of  fortune  and  merit  and  every  way  qualified  for 
it  etc.  Prays  that  he  may  be  confirmed,  and  that,  Col.  William 
Byam,  one  of  the  Council  of  Antigua  being  dead,  the  first  in 
the  list  sent  may  be  appointed,  and  that  John  Gunthorpe  may 
be  added  to  that  list  etc.  Signed,  Londonderry.  Endorsed, 
Reed.  10th  Sept.,  1729,  Read  13th  Oct.  1730.  2  pp.  Enclosed, 
809.  i.  (a)  List  of  Councillors  of  St.  Kitts,  showing  one 
dead,  one  resigned  and  five  in  England, 
(b)  List  of  persons  fit  to  fill  vacancies  : — Wavell  Smith, 
John  Douglas,  Ashton  Warner,  Drewry  Ottley,  Thomas 
Butler,  John  Greatheed.  Endorsed,  Reed.  10th  Sept., 
1729.  I  p.  [C.O.  152,  18.  ff.  136,  136i>.,  137i>.-188i>.] 

Julv  8.  810.     Council    of    Trade    and    Plantations    to    the    Queen, 

Whitehall.     Guardian  of  the  Kingdom  etc.     In  obedience  to  H.M.  Order  in 


142 


COLONIAL   PAPERS. 


1729. 

Council,  22nd  May,  report  upon  Lord  Micklethwaite's  petition, 
that,  having  discoursed  with  petitioner,  he  informed  them 
that  he  had  no  salary  for  executing  the  office  of  Secretary  of 
Barbados,  and  that  the  profits  accruing  to  him  from  his  said 
office,  did  only  arise  from  such  reasonable  fees,  as  had  for 
many  years  before  been  usually  taken  in  the  said  office.  Con- 
tinue : — We  therefore  humbly  beg  leave  to  propose  to  your 
Majesty  that  his  account  (annexed)  be  transmitted  to  H.M. 
Governor  of  Barbados,  and  that  he  with  the  Council  do  examine 
and  settle  the  same,  and  that  the  payment  of  what  shall  be 
found  due,  upon  proper  vouchers,  according  to  the  usual  and 
accustomed  fees  given  upon  the  like  occasions  be  recommended 
to  the  Assembly  for  immediate  payment  thereof.  [C.O.  29, 
15.  pp.  110,  111]. 

July  8.  81 1 .  Council  of  Trade  and  Plantations  to  the  Duke  of 
Whitehall.  Newcastle.  Having  received  an  Address  from  the  Council 
of  North  Carolina,  relating  to  the  conduct  of  the  Governor  of 
that  Province,  which  contains  matters  of  a  very  extraordinary 
and  heinous  nature,  we  thought  it  our  duty  without  loss  of  time 
to  transmit  it  etc.  to  be  laid  before  the  Queen  etc.  Autograph 
signatures.  Endorsed,  Copy  sent  to  my  Ld.  Townshend.  llth 
July,  1729.  1  p.  [C.O.  5,  306.  No.  15.] 

July  8.         812.     Mr.  Popple  to  Mr.  Carkesse.     Again    requests    reply 
Whitehall,    to  20th  May.     [C.O.  195,  7.     pp.  244,  245.] 

July  8.  813.  Council  of  Trade  and  Plantations  to  the  Duke  of 
Whitehall.  Newcastle.  Enclose  Address  from  Council  of  N.  Carolina 
relating  to  the  conduct  of  the  Governor,  "  which  contains 
matter  of  a  very  extraordinary  and  heinous  nature,"  to  be 
laid  before  H.M.  etc.  Printed,  N.C.  Col.  Rec.  III.  25.  [C.O. 
5,  1294.  p.  3.] 

July  9.         814.     Mr.     Popple    to     Governor    Hunter.     Acknowledges 

Whitehall,    letter  of  3rd  May.     Concludes : — It  is  with  great  satisfaction 

that  my  Lords  Commissioners  observe  what  you  have  done 

towards  putting  the  Island  under  your  command  into  a  state 

of  defence.     [C.O.  138,  17.     p.  274.] 

[July  9].  81 5.  Mr.  Yeamans  to  Mr.  Popple.  Designing  to  write 
very  shortly  to  the  Assembly  of  Antigua,  I  should  be  glad  to 
know  the  resolution  of  my  Lords  Commissioners  on  the  printing 
our  body  of  laws,  a  copy  of  which  I  had  the  honour  to  lay  before 
them.  Signed,  John  Yeamans.  Endorsed,  Reed.,  Read  9th 
July,  1729.  Addressed.  1  p.  [C.O.  152,  17.  ff.  79,  80i;.] 

July  9.         816.     Mr.  Popple  to  Mr.  Yeamans.     In  reply  to  preceding, 
Whitehall.    I  &m  commanded  to  acquaint  you,  that  the  body  of  Antigua 


AMERICA   AND   WEST  INDIES. 


4  13 


1729. 


July  9. 

Whitehall. 


laws,  which  you  lately  brought  to  this  Office,  not  having  the 
seal  of  the  island  affixed  thereto,  cannot  be  looked  upon  as 
authentick  ;  and  therefore  I  am  to  desire  you  to  send  the  laws 
back  again  to  the  said  Island,  that  they  may  be  returned 
properly  examined,  and  under  the  Seal  of  the  Island.  [C.O. 
153,  15.  pp.  26,  27]. 

817.  Council  of  Trade  and  Plantations  to  Governor 
Montgomerie.  Acknowledge  letter  of  30th  Nov.,  and  20th 
April  last.  We  have  read  the  Minutes  of  Assembly  of  New 
Jersey  to  which  you  refer  etc.,  and  tho'  their  manner  of  pro- 
ceeding may  have  been  somewhat  indiscreet,  we  are  of  opinion 
that  H.M.  subjects  especially  when  they  are  legally  met  in 
Assembly  should  not  be  discouraged  from  applying  to  the 
Crown  by  Address.  Intend  to  let  the  Act  prescribing  the  forms 
of  declaration  etc.  lie  by  probational  etc.,  but  to  offer  that  for 
triennial  Assemblies  for  H.M.  disallowance  as  it  is  certainly 
a  restraint  upon  the  Prerogative,  as  also  that  for  appropriating 
a  part  of  the  interest  money  etc.  to  the  incidental  charges  of  the 
Government,  unless  they  hear  soon  that  the  Assembly  has 
repealed  the  last  clause.  Printed,  N.  J.  Archives,  1st  Ser.  V.  247. 
[C.O.  5,  996.  pp.  259-262.] 


July  9. 

Custom  ho. 
London. 


818.  Mr.  Carkesse  to  Mr.  Popple.  In  reply  to  20th  May 
and  17th  June,  encloses  following.  Signed,  Cha.  Carkesse. 
Endorsed,  Reed.,  Read  10th  July,  1729.  Addressed.  \  p. 
Enclosed, 

818.  i.  Instructions  by  Commissioners  of  Customs  to  the 
Collector  at  Poole,  as  to  duty  upon  train  oil.  13th 
Feb.,  1727. 

818.  ii.  Instruction  by  Same,  explaining  above.  Train  oil 
caught  in  any  ships  truly  belonging  to  Great  Britain 
and  imported  in  such  ships  is  exempted  from  duty. 
Train  oil  taken  and  imported  in  ships  belonging  to 
H.M.  Colonies  pays  6s.  pr.  ton,  taken  by  shipping 
belonging  to  such  Colonies,  but  imported  by  ships 
belonging  to  Great  Britain  pays  3s.  per  ton.  Copy. 
2  pp.  [C.O.  194,  8.  ff.  214,  215,  216,  219u.]. 


July  10.         819.     Mr.   Popple  to  the  Mayor  of  Pool.     Enclose  copies 
Whitehall,     of  preceding,    "  which  their  Lordships  hope  will  prove  satis- 
factory."    [C.O.  195,  7.     pp.  245,  246]. 


July  10.         820.     H.M.    Commission    (by    Queen    Caroline)    to   Watson 
Kensington.    Jones  to  be  Commissary  of  the  Musters  at  Canso  and  Placentia. 

Countersigned,    Holies    Newcastle.     [C.O.    324,    36.     pp.    129, 

130]. 


COLONIAL   PAPERS. 


1729. 
July  10. 

Marlbro' 
Street. 


821.     Col.  Hart  to  the  Council  of  Trade  and  Plantations. 
Abstract.     Has    considered    Lord    Londonderry's    proposal   for 
settling  Sta.  Cruz  (v.  15th  April).     All  acquisitions  of  land  to 
the   publick,    either   on   the   Continent,    or  in   the   islands   of 
America  are  to  be  embrac'd,  especially  since  all  the  States  of 
Europe,  who  have  Colonies  in  those  parts,  endeavour  to  prevent 
the  extending  the  Brittish  Dominion  there  etc.     For  a  descrip- 
tion of  Sta.  Cruz  refers  to  his  letter  of  12th  July,  1724.     [As  to 
H.M.  title  to  settle  a  Colony  there.]     Continues  : — It  is  a  great 
misfortune  that  by  the  island  of  St.  Christophers  being  so  often 
taken  by  the  French  in  the  late  wars,  all  records  were  destroy'd  ; 
and  it  was  from  that  island  the  English  nation  formerly  made 
any  settlements  on  the  island  of  St.  Cruz, — so  that  we  have 
only  tradition  for  any  former  settlements  thereon  ;   nor  is  there 
any  author  of  the  Brittish  Nation,  I  am  acquainted  with,  treats 
of  that  matter  so  clearly,  as  to  lay  a  foundation  to  the  Crown, 
for  an  indisputable  title  to  that  island.      The  Atlas  Geographus, 
is  the  author  that  is  most  particular  in  this   point ;   volume 
the  5th  page  538,  which  I  take  the  liberty  to  lay  before  your 
Lordsps.  etc.     However  uncertain  our  accounts  are  as  to  our 
former  right  of  possession,  it  is  notorious  that  the  late  French 
King,  in  order  to  encrease  his.  Colony  on  the  island  of  Hispaniola, 
now    called    St.  Domingo,     laid    his    commands,    which    were 
executed,  in  1671,  for  the  transporting  all  the  inhabitants  from 
St.  Cruz  thither  :   together  with  their  moveables  :    Besides  their 
houses  and  other  immoveables  were  appraised  at  the  full  value, 
and  paid  to  the  inhabitants  at  their  departure  :    and  double 
the  extent  of  land,  they  were  possessed  of  in  St.  Cruz,  given 
them  in  Hispaniola  etc.     The  French  on  quitting  of  St.  Cruz 
demolish'd  their  forts,   and  left  not  one  inhabitant  upon  it. 
From  1671  to  this  time  there  has  been  no  regular  plantations 
on  the  island  by  any  nation  whatever ;    and  as  it  lyes  to  the 
westward    of    Porto    Rico,    is    undoubtedly    included    in    the 
Commission  from  the  Crown  to  the  respective  Governors  of  the 
Leeward  Islands  ;  and  has  ever  been  so  deem'd  and  understood 
by  them  ;    but  have  never  granted  any  patents  for  the  making 
of  plantations,  for  want  of  orders  from  the  Crown.     Submits, 
whether  upon  the  French  leaving  that  island  desolate  in  1671, 
it  was  not  free,  by  the  law  of  Nations,  to  the  first  occupier  who 
should  cultivate  and  improve  the  same,  and  whether  H.M.  has 
not  now  the  sole  right  of  making  such  settlements  as  in  his 
wisdom  he  shall  think  fit,  from  his  asserting  his  right  to  that 
island,  by  his  commissions  to  his  Governors  of  the  Leeward 
Islands  ;    who  have  instructions  to  suffer  no  other  nation  to 
settle  thereon  ;   which  have  been  punctually  observ'd  ;   accord- 
ingly the  Brittish  subjects  are  the  only  traders  there  ;    and 
several   wood   cutters   constantly   dwell  thereon.     Signed,   Jo. 
Hart,     Endorsed,  Reed.,  Read  10th  July,  1729.     3f  pp.     [C.O. 
152,  17.    ff.  8I-82v.,  83v.] 


AMERICA   AND   WEST   INDIES. 


445 


1729. 
July  11. 

Bermuda. 


July  11. 

Bermuda. 


July  14. 


July  15. 

Whitehall. 


822.  Lt.   Governor  Pitt  to  Charles  Delafaye.       Refers  to 
letter   of  26th   (?    30th)   April.     Continues  /—The   inhabitants 
still  dayly  suffer  by  the  oppressions  of  the  Spaniards  who  take 
and  destroy  their  vessels  etc.     Begs  for  his  favour  in  reminding 
his  Grace  of  doing  something  for  them  and  of  forwarding  the 
acts  now  and  formerly  transmitted  for  the  royal  assent  etc. 
Encloses  Journal   of  Assembly,    18th  Nov.    1728 — 6th  March, 

1729  ;    an  Act  to  prevent  any  person  allowing  and  encour  ageing 
any  negroes  from  rioting  and  meeting  at  unreasonable  times  in 
his  house  or  possessions  etc.  ;   an  act  to  prevent  any  person  from 
makeing,   haveing  or  keeping  any  nett  exceeding  the  length  of 
3 1  fathoms  in  his  house  or  other  place  whatsoever,  and  to  prevent 
hauling  fish  by  any  other  contrivance  ;    an  act  for  repealing  an 
act  for  establishing  fast  days  etc.  ;   an  act  for  making  an  addition 
to  the  sallary  of  H.E.  John  Pitt  Esq.  etc.     A  further  additional 
act  for  the  more  speedy  repairing  of  the  highways  ;   an  act  laying 
an  imposition  on  negroes  and  other  slaves  imported ;    an  act  to 
supply  the  deficiency  of  the  sever  all  funds  for  finishing  the  fortifi- 
cations and  for  defraying  the  other  charges  of  this  Government. 
Which  I  think  are  absolutely  necessary  as  well  for  the  peace 
and  tranquility  of  this   Government  as  for  compleating  the 
fortifications  which  are  now  allmost  finished  ;    I  allso  desire 
you'l  put  His  Grace  in  mind  of  what  I  wrote  in  my  last  letter 
relateing  to  powder  and  amunition,  which  through  the  extream 
poverty  of  the  people  cannot  be  purchased  by  any  tax  to  be 
raised,   the   inhabitants   being  scarce   able   to   bear  what   are 
allready  laid  etc.     Signed,  John  Pitt.     Endorsed,  R.  23  Sept. 
Extract  of  letter  to  His  Grace  (taken  out  of  this)  sent  to  Mr. 
Stanhope,    29th    Sept.,     1729.     Addressed.     Sealed.       1|    pp. 
[C.O.  37,  29.     No.  5.] 

823.  Same  to  the  Duke  of  Newcastle.     To  same  effect  as 
preceding.     "  In   a   short  time   the   small   number  of  trading 
people  here  will  be  entirely  ruined  unless  proper  measures  are 
taken  to  prevent  the  insolency  of  those  abandoned  people  " 
etc.     Signed,    John    Pitt.     Endorsed,    R.      23rd  Sept.      2  pp. 
[C.O.  37,  29.     No.  6.] 

824.  H.M.  license  (by  Queen  Caroline)  to  Ralph  Gulston, 
in  pursuance  of  his  contract  with  the  Commissioners  of  the 
Navy  to  bring  over  6  ship-loads  of  masts  etc.  in  1728,  1729, 

1730  and  1731,  to  cut  trees  in  New  England,  after  they  have 
been  viewed  by  the  Surveyor  General  of  the  Woods,  who  is 
to    be    aiding    and    assisting    him    etc.     Countersigned,    Holies 
Newcastle.     [C.O.  324,  36.     pp.  126-129.] 

825.  Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion 
in   point   of  law,    five   Acts   of  the   Massachusets   Bay,  1728, 
(i)  for  repealing  an  Act  for  punishing  and  preventing  of  duelling 


COLONIAL   PAPERS. 


1729. 


July  15. 

Whitehall. 


July  15. 

New  York. 


and  for  making  other  provision  instead ;  (ii)  to  more  effectually 
secure  the  duty  on  the  importation  of  negroes ;  (iii)  for  the 
encouragement  of  making  paper  ;  (iv)  for  regulating  the  ferry 
between  Bristol  and  Rhode  Island  ;  (v)  for  altering  the  time  for 
holding  the  Courts  etc.  within  the  counties  of  Essex,  Middlesex 
and  Plymouth.  [C.O.  5,  916.  p.  205]. 

826.  Same  to  Same.     Encloses,  for  his  opinion  in  point  of 
law,  four  Acts  of  Bermuda  (i)  for  raising  a  sum  of  money  for  the 
speedy  repairing  the  Castle  and  other  fortifications  ;    (ii)  repealing 
an  act  to  prevent  the  destruction  and  transportation  of  palmeto 
tops,  and  an  act  amending  the  same  ;    (iii)  for  raising  a  quantity 
of  timber  plank  and  lime  necessary  for  the  repairing  the  Castle 
etc.  (1727)  ;   and  (1728)  (iv}  for  raising  a  sum  of  money  necessary 
for  the  repariing  the  Castle  and  other  fortifications.     [C.O.  38,  8. 
'pp.  145,  146], 

827.  Lewis  Morris  jr.  to  the  Duke  of  Newcastle.     Abstract. 
Only  five  of  the  Council  were  met  at  the  time  of  his  suspension 
from  the  Council  (v.  30th  June),  one  of  whom  says  he  dissented 
from  it  and  desired  his  dissent  to  be  entered,  which  was  not 
done.     Continues : — H.E.   did  not  think  fit  (tho*   desired)  to 
give  any  reasons,  but  (if  I  guess  right)  it  was  because  I  protested 
against  the  manner  of  introducing  and  signing  some  warrants, 
for  the  disposition   of  the  publick  money  contrary  to  H.M. 
letters  patent,  tending  to  render  H.M.  Councill  here  useless, 
and   insignificant,   and   also   being   of  dangerous   consequence 
to  H.M.  interest  and  prerogative,  by  complying  with  the  votes 
and  resolutions  of  an  Assembly  etc.     Argues  case.     Cf.  June  30. 
Traces  steps  taken  by  New  York  Assembly  since  Govr.  Hunter's 
time,  like  other  American  Assemblies,  towards  independence, 
first  by  refusing  a  revenue  and  salary  for  the  Governor,  then, 
in  Governor  Burnet's  time,  by  making  votes  what  should  be 
the  salaries  of  the  several  officers  of  the  Government,  marking 
their  resentment  upon  those  who  were  known  to  have  been 
active  in  the  interest  of  the  Government  etc.     On  their  reducing 
the  salary  of  Chief  Justice  Lewis  Morris,  he  demanded  their 
reasons  etc.  (v.  encl.).     By  their  votes  of  7th  Oct.  1726  they 
made  it  plain  that  they  regarded  these  votes  for  salaries  as 
directions  to  the  Governor  and  Council,  and  that  no  alterations 
or  other  warrants  were  to  be  issued  by  them  for  such  salaries. 
They  did  accordingly  address,  which  was  referred  to  the  Council, 
who  esteemed  it  a  proceeding  of  great  insolence,  and  would 
have  taken  proper  notice  of  it,  but  Mr.  Burnet  having  advanced 
his  own  money  towards  building  a  fortification  on  the  frontiers, 
and  that  if  he  should  differ  with  the  Assembly  (who  studiously 
sought  all  occasions  to  quarrell)  they  would  make  use  of  that 
pretence  to  avoid  raising  money  to  pay  for  it,  he  chose  to  let 
the  matter  drop  etc.     The  Assembly  judging  this  to  proceed 


AMERICA   AND   WEST   INDIES.  447 

1729. 

from  fear  etc.  were  encouraged  to  rise  in  their  demands  and  to 
make  resolves  against  the  Court  of  Chancery,  as  in  Hunter's 
time,  as  being  erected  without  their  consent  etc.  The  present 
Governour  has  thought  it  his  interest  to  comply  with  the 
Assembly  in  everything,  the  Court  of  Chancery  has  been  entirely 
dropped,  to  the  great  prejudice  of  all  those  who  have  causes 
depending  there  etc.  His  promises,  on  his  arrival,  if  not  direct, 
were  understood  to  be  tantamount  to  undertaking  to  give  in 
to  the  measures  of  the  Assembly,  being  entirely  under  the 
influence  of  George  Clark,  Secretary  of  the  Province,  who  is 
supposed  to  be  the  contriver  of  most  of  these  resolves. 
"  Whether  this  complying  conduct  of  the  Governor  will  prove 
as  much  for  H.M.  interest  as  he  thinks  it  conduces  to  his  own, 
time  will  discover  etc.  For  my  part  I  thought  it  destructive 
of  it,  and  what  would  (if  not  checked  in  the  beginning)  issue  in 
this  people  throwing  of  their  allegiance,  which  induced  me  to 
oppose  it "  etc.  Does  not  ask  to  be  restored  to  the  Council, 
unless  he  can  be  free,  and  his  voice  not  under  the  direction  of 
the  frown  or  nod  of  a  Governor  etc.  To  a  timid  and  pusilanimous 
condescention  in  the  Councill,  is  almost  solely  owing  this  insolence 
of  the  Assembly,  for  "  Governours,  sitting  and  voting  as  Coun- 
cellours,  in  the  making  and  passing  of  laws,  it  is  very  much  in 
their  power  to  make  any  bill  sent  up  by  the  Assembly,  (calculated 
for  his  private  interest)  to  pass  the  Council  by  his  vote,  tho 
it  be  never  so  much  against  that  of  the  King's.  I  did  also 
protest  against  this  practice,  but  was  suspended  before  I  had 
drawn  up  my  reasons  for  it,  and  perhaps  to  prevent  that  might 
be  the  true  reason  of  my  suspention  "  etc.  Suggests  that  copies 
of  the  Governor's  instructions,  wherein  the  advice  and  consent 
of  the  Council  is  made  necessary,  should  be  transmitted  to  be 
entered  in  the  Council  books.  At  present  they  do  not  know 
when  they  may,  and  ought  to  interpose  their  advice  etc.  Signed, 
Lewis  Morris,  jr.  Endorsed,  Reed.  27th  Oct.,  1729.  6  closely 
written  pp.  Enclosed, 

827.  i.  Duplicate    of   No.  799  iii. 
827.  ii.  Duplicate  of  No.  799  i. 

827.  iii.  Paper  published  by  Governor  Hunter  in  reply  to 
the  resolution  of  the  Assembly  that  the  erecting  or 
exercising  a  Court  of  Equity  or  Chancery  without 
consent  in  General  Assembly  is  unwarrantable,  and 
contrary  to  the  laws  of  England  and  a  manifest 
oppression  etc.  Printed,  New  York,  1713.  7|  pp. 
827.  iv.  Resolves  of  the  Assembly  appointing  several  salaries, 

10th  Aug.  1728.     Copy.     l£  pp. 

827.  v.  (a)  Speech    of   Chief   Justice    Lewis    Morris    to   the 
Assembly  of  New  York,  3rd  May,  1726.       Demands 
their  reasons  for  voting  a  reduction  of  his  salary  by 
£50  etc. 
v.  (b)  Reply  of  Assembly  to  preceding.    Such  reduction 


448  COLONIAL   PAPERS. 

1729. 

did  not  proceed  from  any  malversation  on  his  part, 
but  because  he  formerly,  and  all  other  Chief  Justices 
before  him  had  no  greater  salary  than  £130,  and  the 
present  circumstances  of  the  Colony  make  them  less 
able  to  allow  excessive  salaries  now,  than  they  were 
then.  The  whole,  printed,  New  York,  1726.  2  pp. 
827.  vi.  Reply  of  C.  J.  Morris,  17th  June,  1726.  Abstract. 
It  has  cost  the  county  £2000  for  the  Assembly  to  debate 
the  matter.  He  only  was  induced  to  continue  in 
office  when  a  former  Assembly  proposed  that  his  salary 
shd.  be  raised  to  £300  etc.  The  King  has  by  his 
prerogative  the  right  of  determining  what  salaries 
are  proper  for  his  servants  etc.  ;  once  these  salaries 
are  fixed,  to  deprive  an  officer  of  the  whole  or  any 
part  of  them,  without  his  being  convicted  of  having 
done  something  to  deserve  it,  is  not  agreeable  to  the 
principles  of  a  natural  equity  or  the  laws  and  practice 
of  England,  or  of  the  House  of  Commons  etc.  Con- 
tinues : — That  we  are  plants,  in  a  manner  but  of 
yesterday's  growth  ;  and  as  appears  by  the  Sibboleth, 
so  easily  distinguishable  in  most  of  our  Speech  the 
greater  number  transplanted  from  a  foreigne  soile  : 
and  here  tenderly  nurst  up,  at  the  vast  expence  of  the 
Brittish  Crown ;  that  we  are,  and  ought  to  be,  a 
dependant  Government ;  and  have  no  inherent  right, 
to  be  an  Assembly,  and  to  sit  and  make  laws  but  by 
virtue  of  the  King's  Letters  Patent ;  are  things  too 
evident  and  notorious  to  be  denyed  ;  and  yet  we 
have  taken  upon  ourselves  the  exercise  of  a  power, 
not  seemingly  agreeable  to  that  dependance,  or 
warranted  by  those  Letters  Patent,  which  gave  being 
to  our  political  constitution  ;  and  this  is  not  only 
done  in  the  case  of  salarys  :  but  in  a  more  eminent 
manner,  as  will  appear  by  your  votes  of  20th  April 
last ;  where  you  order  the  tonnage  officer  to  return 
to  Capt.  Hopkins  the  duty  of  14  negroes.  This  money 
was  by  an  Act  of  Assembly  lodged  in  that  officer's 
hands  ;  and  being  publick  money,  belonging  to  H.M., 
could  not  be  disposed  of  but  by  warrant  drawn  by  the 
Governor  in  Councill  etc.  Their  votes  as  to  salaries 
etc.  and  printing  the  same,  in  the  face  of  the  Govern- 
ment, has  not  passed  unnoticed  in  the  neighbouring 
Plantations,  having  been  published  in  the  Boston 
News  Papers  as  something  extraordinary,  but  for 
what  end  the  Publishers  or  contrivers  of  the  publication 
best  know.  Where  these  things  will  end  God  only 
knows,  but  what  they  mean,  is  not  very  difficult  to 
guess.  How  mischievous  in  its  consequences  such 
an  example  may  be  to  the  rest  of  H.M.  Plantations, 


AMERICA  AND   WEST   INDIES. 


449 


1729. 


July  16. 

Whitehall. 


July  16. 

Whitehall. 


July  17. 


and  of  what  dangerous  tendency  to  lessen,  or  shake  off 
their  dependance  on  the  Brittish  Government,  will  be 
humbly  submitted  to  H.M.  etc.  Replies  to  criticisms 
of  his  Speech.  No.  v.  (a)  supra.  5J  pp. 

827.  vii.  Minutes  of  Council  of  New  York,  Oct.  12,  1728. 
List  of  warrants  for  salaries  issued.  Copy,  f  p. 

827.  viii.-x.  Resolves  of  the  Assembly  of  New  York,  7th 
Oct.,  1726,  25th  Nov.,  1727  and  30th  July  and  10th 
Aug.,  1728.  Copies.  3|  pp. 

827.  xi.  Minutes  of  Council  of  New  York,  27th  Nov. — 1st 
Dec.,  1727.  Copy.  7  pp. 

827.  xii.  Some  reasons  offered  to  the  Governor  and  Council 
for  not  laying  before  them  the  minutes  of  the  Com- 
mittee appointed  to  examine  into  the  grievances 
complained  of  by  the  Assembly,  Sept.  13,  1728. 
Signed,  James  Alexander,  Lewis  Morris,  jr.  2£  pp. 

827.  xiii.  Representation  of  the  above  Committee  of  Council 
of  New  York  to  the  Governor  in  reply  to  the  Assembly 
who  charged  them  with  violating  their  privileges  etc. 
30th  Aug.,  1728.  Signed,  Robert  Walter,  Cadwalader 
Golden,  James  Alexander,  Lewis  Morris,  junr.  5f  pp. 

827.  xiv.  Lewis  Morris,  jr.,  to  Governor  Montgomerie  and 

Council.  Reasons  offered  against  the  Governor's 
sitting  and  voting  in  Council  in  the  passing  of  laws. 
Copy.  2f  pp.  [C.O.  5,  1093.  ff.  46-48i;.,  49u.-55, 
56-57,  58-66i;.,  68,  70,  70u.,  72,  73,  74-77,  78-79, 
80-82i;.,  84-85.] 

828.  Mr.  Popple  to  Mr.  Fane.     My  Lords  Commissioners 
for  Trade  and  Plantations  command  me  to  send  you  the  Charter 
of  Connecticut  and  Rhode  Island,  and  thereupon  to  desire  your 
opinion  in  point  of  law,  what  power  still  remains  in  the  Crown 
to  controll  the  laws,  actions  and  conduct  of  these  Governments, 
and  in  what  particular  they  are  still  dependent  on  the  Crown. 
[C.O.  5,  1294.     p.  4.] 

829.  Council  of  Trade   and   Plantations  to  the  Duke  of 
Newcastle.     Enclose  extract  of  letter  from  Governor  Pitt,    "  in 
relation  to  the  distress  of  those  islands  occasioned  by  the  daily 
seizures  of  their  vessells  by  the  Spaniards  ;  and  to  the  want  they 
are  in  of  ammunition  and  stores,   that  your  Grace  may  be 
pleased  to  lay  the  same  before  Her  Majesty  for   Her    orders 
thereon."     [C.O.  38,  8.    p.  147.] 

830.  Governor  Hunter  to  Mr.  Delafaye.     Many  ships  being 
arriv'd  from  England  and  no  letter  from  you  I  conclude  that 
either  your  health  or  my  affairs  are  in  a  bad  state  etc.     Has  left 
the  Engineer  at  Port  Antonio,  to  carry  on  the  work  which  was 
more  than  half  finished  before  he  left.     Continues  : — I  mounted 

c,p.  xxxvi— «» 


450  COLONIAL   PAPERS. 

1729. 

twenty  guns,  cutt  the  Isthmus,  and  did  what  I  could  to  guard 
against  surprizes  and  when  it  is  finish't  I'll  venture  to  pronounce 
it  the  strongest  place  H.M.  has  in  America.  Nature  had  done 
so  much  for  us  that  no  great  skill  was  requisite.  For  though  we 
have  an  able  Engineer,  yet  he  leaving  England  in  such  a  hurry, 
if  I  had  not  by  chance  been  provided  in  necessary  instruments, 
we  must  have  work'd  by  guesses.  It  is  matter  of  wonder  to 
me  that,  considering  the  goodnesse  of  the  two  harbours,  their 
situation  with  relation  to  the  command  of  the  Windward 
pasage  and  protection  of  ye  trade,  the  fertility  of  ye  soyle  all 
around  and  the  natural  strength  of  ye  place,  nothing  had  been 
done  there  hitherto.  Upon  my  return  by  ye  advice  of  ye 
Council  and  Council  of  war  I  put  an  end  to  Martial  Law,  which 
I  did  the  more  readily  because  having  no  advice  from  home, 
or  from  the  best  information  no  preparations  for  an  invasion 
by  ye  Spaniard  on  this  side  the  sea,  and  the  expens  which 
attended  the  subsisting  a  useless  detachment,  for  they  were 
compos'd  of  such  as  I  could  not  trust,  hired  servants  generally 
Irish,  who  gave  me  much  trouble  by  mutinys  and  desertion, 
that  I  begun  at  last  to  be  apprehensive  that  our  enemys  had 
more  reason  to  depend  upon  their  service  then  I  had.  I  have 
done  what  I  could  or  any  man  in  my  station  towards  the  putting 
the  Militia  under  better  regulation  and  discipline,  arming  the 
people  ev'n  the  slaves  to  be  trusted,  which  by  the  by  is  not 
the  least  part  of  our  strength,  laying  in  of  stores  of  war  of  all 
kinds,  rebuilding  old  forts  and  erecting  new,  laying  bridges 
and  causeways  and  cutting  and  clearing  communications,  and 
with  all  this  I  assure  you  on  proof  that  we  are  exceeding  weake 
here.  The  inhabitants  freemen,  but  thinn,  the  slaves  numerous, 
the  Militia  not  at  all  to  be  depended  upon,  consisting  chiefly 
of  such  as  I  have  described  above,  and  a  turbulant  faction  of 
Irish  lawyers,  who  seem  to  please  themselves  with  endeavouring 
as  much  as  in  them  lyes,  to  defeat  or  oppose  all  measures 
propos'd  for  ye  public  security  (if  this  were  not  of  notoriety, 
I  could  not  write  so).  That  if  this  Island  be  of  that  importance 
it  is  generally  reputed  to  be,  there  is  a  necessity  of  some 
additional  strength  for  its  security  unlesse  we  are  assur'd  of 
a  lasting  peace,  for  such  measures  as  are  in  my  power  for  that 
purpose  require  time,  which  is  not  in  my  power,  and  great 
application  which  shall  not  be  wanting.  I  make  no  doubt  but 
our  Assembly,  which  is  to  meet  next  weeke  from  a  just  sense 
of  their  danger  and  inability  will  make  their  humble  request  to 
H.M.  to  take  care  of  them  in  that  way.  At  least  it  is  ye  sense 
of  all  ye  men  of  sense  and  substance  that  I  have  of  late  convers'd 
with.  What  the  effect  of  the  Irish  faction  may  have  towards 
defeating  it,  I  know  not.  Our  laws  if  approv'd  may  contribute 
toward  making  matters  easie  here  etc.  Sends  sketch  of  the 
harbours  and  Fort  George  done  by  his  son  etc.  Continues : — 
I  have  wrote  to  Coll.  Bladen,  You  must  send  over  a  power  of 


AMERICA   AND   WEST   INDIES.  451 

1729. 

attorney  to  somebody  to  receive  and  remitt  your  money,  send 
with  it  your  account  of  disbursements  on  ye  publick  acct.  or 
mine,  which  I  shall  take  care  be  paid  etc.  Signed,  Ro.  Hunter. 
Endorsed,  R.  Oct.  1st.  Holograph.  2J  pp.  [C.O.  137,  53. 
ff.  166-1671;.] 

July  17.  831.  Same  to  the  Duke  of  Newcastle.  Repeats  "  ingrosse 
what  I  have  said  in  detail  to  Mr.  Delafay."  Will  do  all  in  his 
power  for  Mr.  Bellaguier.  Concludes  : — I  have  advice  by  a 
sloop  from  Carthagene  that  the  Spaniards  had  lately  shipt 
there  five  millions  of  ps.  of  8  on  board  two  ships  of  warr  for 
Spain,  one  of  them  being  disabled  at  sea  return'd  and  her 
cargoe  was  put  on  board  two  Dutch  prizes  which  they  fitted 
for  that  purpose.  Signed  and  endorsed  as  preceding.  Holograph, 
l^pp.  [C.O.  137,  53.  ff.  168,  168*;.,  169t;.] 

July  17.  832.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Has  no  objection  to  Act  of  Barbados  for  laying  a  duty  on  wines 
etc.  imported,  but  as  to  the  other  Act  submitted  on  27th  May, 
to  reduce  the  rate  of  interest  reports  that,  "  it  is  an  act  to  reduce 
the  legal  interest  of  money  from  10  p.c.  to  8.  An  act  of  this 
kind  may  I  agree  be  for  the  general  advantage  of  the  island 
provided  it  be  garded  with  that  caution  as  has  been  usual  in 
acts  of  this  kind.  But  so  little  care  has  been  taken  in  the 
penning  of  this  act,  that  as  it  stands  at  present  it  is  captious 
and  ensnareing  and  will  in  all  probability  involve  men  in  endless 
controversies  and  disputes.  For  tho'  the  interest  of  8  p.c.  is 
established  on  future  contracts  from  24th  June,  yet  it  repeals 
the  acts  that  allow  10  p.c.  and  provides  that  everything 
contained  in  the  10  p.c.  acts  shall  be  void  to  all  intents  and 
purposes,  and  I  apprehend  by  this  ambiguous  expression  it  is 
intended  to  raise  a  question  whether  the  10  p.c.  on  old  contracts 
is  taken  away  or  not  etc.  This  is  a  very  unusual  clause  and 
nothing  of  this  kind  has  ever  been  incerted  in  any  interest  act 
whatever,  the  old  contracts  being  never  affected  but  always 
left  upon  the  foot  they  stood  before.  Therefore  I  am  humbly  of 
opinion  that  this  act,  which  so  sensibly  affects  property  should 
never  be  confirmed,  unless  it  is  drawn  in  the  most  plain  and 
clear  manner  and  without  the  least  possibility  of  doubt." 
Signed,  Fran.  Fane.  Endorsed,  Reed.  21st,  Read  22  July, 
1729.  1|  pp.  [C.O.  28,  20.  ff.  196,  I960.,  1970.] 

July  17.  833.  Same  to  Same.  Has  no  objection  to  5  acts  of  Antigua 
submitted  12th  June.  Signed,  Fran.  Fane.  Endorsed,  Reed. 
21st  July,  1729,  Read  16th  Jan.,  17§§-.  H  pp.  [C.O.  152,  17. 
ff.  117,  117*;.,  118u.] 

July  17.  834.  Same  to  Same.  Has  no  objection  to  the  four  Acts 
of  Montserrat  submitted  20th  June.  Signed,  Fran.  Fane. 
Endorsed,  Reed.  21st,,  Read  22nd  July,  1729.  I  p.  [C.O.  152, 
17.  ff.  84,  SSv.] 


452  COLONIAL   PAPERS. 


1729. 

July  17.  835.  Governor  Hunter  to  the  Council  of  Trade  and 
Jamaica.  Plantations.  On  the  25th  of  June  I  arriv'd  here*  from  Port 
Antonio  having  left  Coll.  Lilly  there  to  finish  that  fort  which  I 
had  cary'd  on  a  great  way.  If  your  Losps.  have  the  curiosity 
to  see  the  plans  I  have  sent  such  as  one  of  my  sons  has  taken  to 
Mr.  Delafay  who  will  have  the  honor  to  lay  them  before  you  if 
such  is  your  pleasure.  I  shall  only  assure  your  Lorps.  that  the 
harbours  are  the  best  in  H.M.  Dominions  and  the  Fort  when 
compleated  the  strongest  by  the  nature  of  its  situation  in  these 
parts.  I  need  not  mention  the  use  to  trade  or  warr  by  the 
command  of  the  windward  passage  or  advantages  and  addition 
to  ye  planting  intrest  by  ye  goodnesse  of  the  soyle  wch.  this 
settlement  must  bring  with  it.  The  sea  Captains  who  have 
been  there  will  inform  your  Losps.  of  that,  I  shall  only  mention 
the  uses  that  Lynches  Island  may  be  turn'd  to,  when  we  have 
gott  itt  for  ye  King,  which  I  shall  endeavour,  having  as  yet 
only  part  of  it.  It  would  be  the  most  commodious  place  for  a 
hospital,  store-houses  and  careening  places  for  H.M.  Navy  in 
ye  world,  by  reason  of  its  security  being  inaccessible  ev'ry 
where  without  the  harbours,  secure  against  desertion  a  common 
case  in  hospitals,  a  wholesome  air  and  fertile  soyle  for  herbage, 
and  water  for  ye  largest  ships  to  lay  their  sides  to  the  shoar. 
The  land  about  is  setling  very  fast  and  in  all  appearance  in  a 
litle  time  it  will  be  a  considerable  place.  Having  stay'd  there 
near  two  moneths  and  no  fresh  orders  or  advice  from  home 
and  by  all  the  intelligence  I  could  gett  no  preparations  for  an 
attempt  on  that  side  I  return'd  to  this  and  by  advice  of  the 
Council  and  Council  of  Warr  put  a  period  to  Martial  Law. 
And  must  not  hide  my  opinion  from  your  Losps.  that  we  are 
exceeding  weake  here  and  in  a  bad  condition  to  oppose  any 
attempt  of  consequence  that  may  be  made  upon  this  Island, 
our  Militia  consisting  chiefly  of  hired  servants  and  these  almost 
all  of  a  kind  not  to  be  at  all  depended  upon,  the  inhabitants 
thinn  and  slaves  numerous  that  I  can  not  think  it  safe,  in  case 
of  warr  to  rely  upon  our  own  force.  Your  Losps.  knowing 
well  the  importance  of  this  island  I  am  confident  will  be  of 
my  opinion.  I  speake  from  experience.  I  have  done  what 
man  could  do  with  what  I  had,  and  had  ev'n  gott  some  laws 
pass'd  for  better  arming  the  people  and  am  labouring  hard 
to  make  ye  Militia  by  better  order  and  discipline  more  usefull. 
But  that  requires  time  and  I  know  not  how  much  of  that  we 
may  have  to  spare.  Our  Assembly  meets  next  weeke,  all 
men  of  sense  and  substance  here  are  sensible  of  the  truth  of 
what  I  have  affirm'd.  How  far  a  restlesse  faction  here  who  by 
their  conduct  seem  at  best  indifferent  what  becomes  of  us,  may 
prevaile  there  I  can  not  guesse,  I  hope  they'll  be  disappointed 
but  hitherto  their  arts  and  endeavours  have  been  lay'd  out 
in  opposing  or  defeating  whatever  was  propos'd  for  the  publick 

*  [?  St.  Jago  de  la  Vega.     Ed.] 


AMERICA  AND   WEST   INDIES.  453 

1729. 

safety.  I  mean  a  sett  of  Irish  lawyers,  for  'tis  time  to  speake 
out.  Our  Acts  of  Revenue  when  approv'd  may  give  life  and 
vigour  to  the  people  and  inable  me  to  sett  them  and  guide  them 
right.  I  assure  your  Losps.  that  nothing  shall  be  wanting  on 
my  part  etc.  Signed,  Ro.  Hunter.  Endorsed,  Reed.  1st  Oct., 
Read  26th  Nov.,  1729.  Holograph.  2  pp.  Enclosed, 

835.  i.  Speech    of    Governor    Hunter    to    the    Council    and 

Assembly  of  Jamaica,  July  24,  1729.      Endorsed,  Reed. 

1st  Oct.  1729.     Printed.     1  p.     [C.O.  137,  18.    ff.  36, 

36v., 


July  17.         836.     Extract  of  letter  from  Governor  Hunter  to  [?  Col.  Bidden. 

Jamaica.  gee  jy0  339]  .  I  am  but  lately  returned  from  a  very  awkward 
campaign,  having  been  waiting  for  ye  Spaniard  in  the  north  west 
part  of  the  island  at  the  head  of  a  detachment  of  very  sorry 
Militia.  I  have  however  almost  finished  a  very  good  Fort  there 
in  the  entry  to  two  of  the  safest  and  best  harbours  in  America. 
I  have  put  our  other  forts  in  order  and  had  before  my  march 
prepared  and  provided  them  all,  cut  passages  and  communi- 
cations between  the  two  sides,  and  with  all  this  I  must  tell 
you  from  experience,  that  wee  are  exceeding  weak  here,  the 
Militia  consisting  of  hired  servants  who  are  not  to  be  depended 
upon,  and  the  country  thin  peopled  tho'  full  of  slaves.  You'll 
think  it  strange  but  it  is  true,  my  chief  dependance  in  case  of 
an  attempt  was  upon  the  trusty  slaves,  for  whom  I  had  prepared 
arms.  Our  Assembly  meets  next  week.  Whether  I  can  make 
them  sensible  of  their  own  weakness,  or  whether  it  is  in  their 
power  to  do  anything  effectually  to  strengthen  themselves  in 
due  time,  I  know  not.  (I  had  some  time  ago  passed  some  laws 
for  the  better  arming  the  people  and  making  the  Militia  more 
usefull.)  But  I  hope  those  at  the  helm,  who  know  the  import- 
ance of  this  island  to  the  trade  and  interest  of  Great  Britain 
will  take  some  speedy  care  of  us,  if  there  be  still  apprehension 
of  warr  etc.  If  you  think  fit  to  communicate  what  I  write  to 
those  concerned,  it's  well.  But  I  would  not  have  our  condition 
too  publick.  All  I  can  say  is,  that  I  shall  do  my  best.  I  have 
had  a  hard  task,  but  shall  go  on  chearfully  in  my  duty.  Copy. 
[C.O.  137,  47.  M>.11.] 


July  19.         837.     Lewis   Morris   junr.,    to   the   Council   of  Trade   and 
New  York.    Plantations.     Repeats  matter  of  June  30  and  July  15.     Set  out, 
N.Y.  Col.  Doc.  V.    pp.  882-888.     Endorsed,  Reed.  23rd  Oct., 
Read  17th  Dec.,  1729.     7  pp.     Enclosed, 

837.  i.-xi.  Duplicates  of  Nos.  827  iii.,  v.-xiv. 
837.  xii.,   xiii.    Duplicates    of    Nos.    799.    i.    and   iii.      All 
endorsed,  Reed.  23rd  Oct.,  1729.    [C.O.  5,  1055.  ff.  84- 
90t;.,  91U.-112,  U3v.-I20v.] 


COLONIAL   PAPERS. 


1729. 
July  19. 

Boston. 


July  19. 

Boston. 


838.  Governor  Burnet  to  the  Duke  of  Newcastle.  I  return 
my  most  humble  thanks  to  your  Grace  for  the  favourable 
hearing  of  my  case  before  the  Committee  of  Council  upon  which 
I  daily  expect  H.M.  final  orders.  The  Assembly's  Agents  have 
writ  to  them  about  it,  in  terms  so  disrespectfull  to  H.M.  authority 
that  I  am  perswaded  your  Grace  will  be  surprised  at  them. 
And  yet  the  house  of  representatives  have  thought  their  advice 
so  proper  to  follow,  that  they  have  printed  these  letters  in 
their  votes,  enclosed  etc.  Refers  to  following.  Signed,  W. 
Burnet.  Endorsed,  R.  Sept.  4th.  1  p.  Enclosed, 

838.  i.  (a)  Copy  of  letter  from  Francis  Wilks  and  Jonathan 
Belcher  to  the  Speaker  of  Assembly,  London,  April 
25th,  1729,  and  of  Francis  Wilks  to  Same,  24th  March. 
From  Journal  of  Assembly  of  the  Massachusetts  Bay, 
27th  June,  1729.  Printed,  by  Thomas  Fleet,  Boston, 
Printer  to  the  Honourable  House  of  Representatives, 
1729.  2  pp. 

838.  ii.  Copy  of  following.      [C.O.  5,  898.     Nos.  58,  58  i.,  ii.] 

839.  Governor  Burnet  to  the  Council  of  Trade  and  Planta- 
tions.    Returns  thanks  for  the  Board's  report  in  his  favour 
which  lays  him    "  under  the  most  indispensible  obligations." 
Continues : — But  I  must  confess  that  the  House   of  Repre- 
sentatives   have    shewn    the    utmost    insensibility    upon    this 
occasion,  and  tho'  they  have  seen  your  Lordships'  report  and 
have  had  the  Minutes  of  what  passed  at  the  Committee  of 
Council  thereupon,    yet  they  seem  to  acqueice  in  their  Agents' 
opinion,  to  stand  it  out  in  Parliament.     For  which  reason  they 
have  printed  their  Agents'  letters  page  15  and  16  of  their  Votes 
as  a  notification  to  the  people  of  the  country  to  prepare  to 
follow  their  advice.     I  prorogued  the  new  Assembly  as  soon 
as  they  had  chosen  the  Council  to  the  25th  of  June,  by  which 
time  I  hoped  to  have  received  H.M.  final  order  in  Council  and 
I   kept  them   sitting   some   weeks   in   that   expectation.     But 
hearing  at  last  that  it  would  not  come  so  soon,  I  prorogued 
them  on  the  10th  instant  to  the  20th  of  August,  by  which  time 
I  have  reason  to  beleive  that  I  shall  receive  my  decisive  orders, 
and  then  I   shall  propose  the  matter  to  them  with  all   the 
solemnity  it  deserves.     I  have  avoided  speaking  to  them  at 
all  till  these  packets  arrive,  that  I  might  not  enter  into  needless 
contests,   but  they  could  not  forbear  to   shew  their  wonted 
regard  to  H.M.  Instructions,  upon  my  appointing  a  new  Attorney 
General  in   Council   according  to   H.M.    70th   Instruction,    as 
appears  by  their  votes  etc.     The  rest  of  the  time  has  been  spent 
on  private  matters,   or  in  disputes,   which  they  have  raised 
upon    my  denying  to  comply  with  them  in  things  which  I 
thought  unreasonable,  and  which  would  be  too  long  to  mention 
particularly  in  a  letter,  but  which  are  all  marked  in  their  votes. 
The  only  thing  that  they  seem'd  to  complain  of  with  some 


AMERICA  AND   WEST   INDIES. 


455 


1729. 

reason  was  my  delaying  to  sign  a  warrant  for  the  pay  of  their 
wages  of  the  members  of  the  last  Assembly,  tho'  there  was  a 
law  for  it.  I  thought  myself  indeed  no  ways  obliged  to  serve 
them  in  this  manner  for  nothing,  but  since  they  had  the  colour 
of  law  on  their  side  ;  I  did  at  last  at  the  desire  of  the  Council, 
sign  that  warrant.  So  that  I  know  nothing  they  can  justly 
complain  of,  or  that  should  make  them  decline  settling  a  salary 
for  my  time  but  their  principles  of  independency,  which  are 
too  deeply  rooted  in  them,  to  be  managed  by  anything  but  the 
Legislature  of  Great  Britain  etc.  Encloses  Votes  of  Assembly. 
Signed,  W.  Burnet.  Endorsed,  Reed.  2nd,  Read  3rd  Sept., 
1729.  3|  pp.  [C.O.  5,  870.  ff.  269-270*;.] 

July  19.         840.     Same  to  Mr.   Popple.     Thanks  for  his  share  in  the 
Boston.      Board's  report.     Encloses  Votes  and  duplicates.     Signed  and 
endorsed  as  preceding.     1  p.     [C.O.  5,  870.    ff.  271,  272v.] 

[July  23]  841 .  Stephen  Godin  to  Mr.  Popple.  Is  instructed  by  the 
President  and  Council  of  S.  Carolina  to  move  that  such  proper 
Instructions  may  be  given  to  the  future  Governors  as  will  enable 
them  to  uphold  H.M.  authority  and  prerogative,  "  wch.  by 
impunity,  hath  been  most  notoriously  invaded  and  disregarded 
by  a  sett  of  people  who  have  no  other  vieus  to  pay  their  debts 
but  out  of  ye  property  of  H.M.  good  British  traders  and 
inhabitants.  Tumults,  riotts  and  menaces  have  occasionally 
been  used  to  bring  H.M.  Presidt.  and  Council  to  their  unwarrant- 
able skeems  and  resolutns.  and  finding  ym.  unmovable,  they 
for  these  two  years  endeavour  to  distress  ym.  at  ye  hazard  of 
ye  whole  Province,  (should  a  warr  break  out)  by  refusing  to 
provide  for  ye  suport  of  ye  garisons  and  ye  civill  Governmts. 
To  redress  these  and  many  other  grivances  wch.  have  crept 
in  by  ye  weakness  and  male  administration  of  former 
Governmts.,  some  laws  should  be  repeal'd,  some  reasumed  and 
others  made  by  H.M.  injunctions  to  his  Govrs."  etc.  1J  pp. 
Enclosed, 

841.  i.  The  Acts  most  necessary  to  be  repealed  are,  (i)  The 
Act  for  establishing  County  and  Precinct  Courts,  (1721) 
(ii)  An  additional  Act  to  the  Act  for  settling  the  Court 
of  Justice,  1726,  (iii)  an  Act  for  taking  away  the  writs 
of  summons,  (iv)  for  electing  members  of  Assembly  by 
ballol.  The  Act  which  ought  to  be  revived  is  that 
for  the  amendment  of  the  law,  1720.  The  Act  wch. 
ought  to  be  made,  if  not  more  properly  to  be  declared 
by  an  Order  of  H.M.  Councill,  is  Cape  Feare  wth.  all 
its  settlemts.  to  be  in  the  Province  of  So.  Carolina  and 
under  its  Government,  f  p.  The  whole  endorsed, 
Reed.,  Read  23rd  July,  1729.  [C.O.  5,  361.  ff. 


456 


COLONIAL   PAPERS. 


1729. 
July  23. 

Whitehall. 


July  23. 
Whitehall. 


July  24. 

St.  Christ- 
ophers. 


July  25. 
London. 


July  28. 


842.  Mr.  Popple  to  Mr.  Fane.     Encloses,  for  his  opinion 
thereon  in  point  of  law,  Act  of  Pennsylvania,  1729,  for  emitting 
of  £30,000  in  bills  of  credit,  for  the  better  support  of  Government, 
and  the  trade  of  this  Province.     [C.O.  5,  1294.     p.  5.] 

843.  Council    of    Trade    and    Plantations    to    the    Queen, 
Guardian  of  the  Kingdom,  etc.     Offer  for  confirmation  act  of 
Montserrat,  granting  etc.  £600  pr.  ann.  to  Lord  Londonderry  etc. 
[C.O.  153,  15.     pp.  27,  28.] 

844.  Governor  Lord  Londonderry  to  the  Duke  of  Newcastle. 
I  could  not  refuse  Mr.  John  Gallway  a  letter  for  your  Grace  to 
forward  to  his  correspondent  in  London,  who  will  have  the 
honour  of  delivering  this  to  you.    He's  a  young  Gentleman  of  a 
family  of  some  consideration  in  this  part  of  the  world,  a  younger 
brother,  and  a  trader,  and  his  vessell  haveing  mett  at  sea  with 
some  misfortune,  put  into  Guardaloupe,  by  leave  of  the  Lt. 
Governour,   but  afterwards  was  seized  by  the  Custome  house 
officers,  and  condemned,  I  think  without  the  least  colour  of 
justice.     I   wrote  to  the   Governour  of  Martinique  about  it, 
who  thought  it  so  extraordinary  a  condemnation,  that  he  wrote 
to  Paris  about  it  etc.     Refers  to  papers  sent  with  Mr.  Gallway 
etc.     Signed,   Londonderry.     Endorsed,   Rd.   19th  Nov.     Copy 
sent    to    Mr.    Walpole    llth    Dec.,    1729.     Holograph.     3   pp. 
[C.O.  152,  43.    ff.  49-50i;.] 

845.  Mr.  Godin  to  the  Council  of  Trade  and  Plantations. 
When  on  Wednesday  I  was  to  attend  your  Lordps.  command 
I  was  not  prepared  to  enter  into  a  discution  with  the  advocates 
of  the  paper  money,  neither  did  I  think  that  what  comes  from 
the  President  and  Council  under  the  Broad  Seal  of  Carolina 
wanted  the  testimonials  of  the  pretended  Agent  for  the  riotous 
Assembly  etc.     Encloses  list  of  his  proofs  of  the  allegations  of 
the  President  and  Council  etc.     Mr.  Wragg's  agency  ceased  in 
March,   1728.     Encloses  list  of  British  traders,   and  offers  to 
collect  in  a  petition  the  sense  of  all  traders  to  the  Colonies  in 
relation  to  the  paper  currencies  on  the  Continent  etc.     Signed, 
Steph.  Godin.     Endorsed,  Reed.,  Read  30th  July,  1729.     if  pp. 
Enclosed, 

845.  i.  List  of  papers  in  the  hands  of  Stephen  Godin  relating 
to  Carolina.     If  pp. 

845.  ii.  List  of  British  Merchants  trading  to  Carolina  who 

are  no  merchants.     Sir  John  Lamber,  and  16  others. 
f  p.     [C.O.  5,  361.    ff.  9-11,  12v.] 

846.  Capt.     Burrington    to    the    Council    of    Trade    and 
Plantations.     In    obedience    to    your    commands    I    humbly 
presume  to  give  your  Lordships  my  thoughts  on  the  present 
state  of  S.   Carolina.     The  inhabitants  are  computed  to   be 


AMERICA   AND   WEST   INDIES.  457 

1729. 

2000  white  men,  they  have  in  bills  £90,000,  which  is  a  sum 
much  too  great  for  so  small  a  number  of  people.  They  have 
been  at  very  great  expences  to  support  their  Governmt.,  four 
times  as  much  as  any  other  Province  etc.,  therefore  I  cannot 
think  them  in  a  condition  to  discharge  so  great  a  debt  but  by 
degrees.  If  there  is  incerted  an  Article  in  the  Governours 
Instructions  to  this  end,  undoubtedly  the  Assembly  will  readily 
agree  to  pass  an  Act  which  would  be  both  advantagious  and 
honourable  to  their  country.  If  5s.  be  paid  for  every  tythable 
yearly  in  bills  the  whole  debt  will  be  clear'd  in  15  years.  There 
are  reckoned  to  be  above  20,000  tythable  negroes  etc.  It 
would  be  a  great  advantage  to  them  to  have  a  rated  commodity 
in  S.  Carolina,  if  rice  is  rated  at  40*.  a  hundred  their  bills  will 
be  improved  etc.  I  believe  a  Governour  will  find  the  people 
very  ready  to  come  into  this  method  to  discharge  their  debt, 
if  he  has  the  honour  to  inform  them  it  will  be  agreeable  to  the 
King.  Signed,  Geo.  Burrington.  Endorsed,  Reed.,  Read  31st 
July,  1729.  2  pp.  [C.O.  5,  361.  ff.  22,  22u.,  23v.] 

July  29.  847.  Thomas  Lowndes  to  Mr.  Popple.  Encloses  following. 
Continues : — My  view  when  I  communicated  my  thoughts 
upon  that  head  to  the  merchts.  was,  to  shew  the  way  to  erect 
in  H.M.  Plantations  a  staple  commodity  which  might  be 
advantagious  to  our  British  manufactures  etc.  Continues : — 
According  to  the  best  information,  the  Emperor  of  Russia  is 
the  sole  Proprietor  of  the  pott  ash,  as  the  King  of  France  is 
of  the  salt  in  his  country,  and  that  by  the  returns  he  has  for 
this  commodity  from  England,  Holland,  Flanders  and  France 
that  monarch  chiefly  pays  his  troops.  So  that  should  this 
branch  of  his  trade  be  affected,  that  Prince  could  not  make 
the  figure  he  now  does.  You  must  be  so  good  as  to  allow  me 
to  hint,  that  was  a  proper  method  used  I  presume  all  the  Charter 
and  Proprietary  Governmts.  might  be  induced  voluntarily  to 
surrender  their  charters.  But  alass  !  the  speculative  part  of 
trade  by  sad  experience  I  find  to  be  an  unprofitable  study. 
Signed,  Tho.  Lowndes.  Endorsed,  Reed.  29th,  Read  30th 
July,  1729.  If  pp.  Enclosed, 

847.  i.  Memorial  of  merchants  of  London  to  the  Council  of 
Trade  and  Plantations.  Imports  from  Russia  and  the 
East  Country  of  pott  ashes  and  pearl  ashes  amount 
to  more  than  £100,000  yearly,  which  are  always 
bought  with  specie  etc.  Was  there  proper  encourage- 
ment given  H.M.  American  Plantations  would  furnish 
Great  Britain  with  those  commodities  etc.,  there  being 
great  plenty  of  the  proper  sorts  of  woods  required. 
These  commodities  are  chiefly  used  in  making  soap, 
(which  is  absolutely  necessary  in  the  woolen  manu- 
facture) and  in  dying  as  also  in  bleaching  linnen. 


458  COLONIAL   PAPERS. 

1729. 


The  Russian  pott  ashes  have  been  for  a  long  time 
monopolized  by  a  few  persons  who  can  set  what 
price  they  please  upon  'em  to  the  great  prejudice  of 
commerce.  Signed,  Steph.  Godin  and  13  others. 
Endorsed  as  preceding.  1  p. 

847.  ii.  Tho.  Lowndes  to  Sir  W.  Keith.  Asks  for  his  opinion 
on  above  project,  and  whether  there  is  any  known 
defect  in  the  American  wood  etc.  To  prevent  all 
objection  against  the  unskilfulness  of  our  planters, 
intends  to  propose  that  some  persecuted  Protestant 
families  of  Poland,  who  are  perfect  masters  of  that 
mystery,  may  be  encouraged  to  settle  in  N.  America, 
etc.  Copy.  1|  pp. 

847.  ii.  Sir  W.  Keith  to  Mr.  Lowndes.  Reply  to  preceding. 
There  is  great  plenty  of  the  sorts  of  wood  required, 
and  it  is  said  to  be  much  richer  in  the  vegetable  salts 
needed  than  European  wood.  Heartily  wishes  success 
to  his  scheme,  which  would  be  a  public  benefit  every 
way,  because  if  the  people  of  America  were  encouraged 
to  go  upon  so  profitable  a  manufacture,  in  the  winter 
season  when  they  have  most  leisure,  it  would  insensibly 
draw  them  off  from  employing  that  part  of  their  time 
in  working  up  both  wooling  and  linnen  cloth.  Signed, 
W.  Keith.  l£  pp. 

847.  iii.  Tho.  Lowndes  to  Wm.  Wood.  You  being  allowed 
to  be  a  great  judge  in  everything  that  relates  to  the 
affairs  and  commerce  of  America  etc.,  asks  for  his 
opinion  on  above  Memorial  (No.  i.).  Signed,  Tho. 
Lowndes.  Copy,  frd  pp. 

847.  iv.  Wm.  Wood  to  Mr.  Lowndes.  Cockpit.  July  2, 
1729.  Reply  to  preceding.  Continues  : — I  shall  always 
be  ready  to  contribute  everything  in  my  power  to 
the  bringing  to  pass  a  proposal  which  I  conceive  will 
be  highly  beneficial  to  a  people  whose  Legislature 
should  not  think  any  encouragement  too  great  to  be 
given  to  H.M.  subjects  in  America,  provided  they 
employ  themselves  in  planting  commodities,  not  of 
the  growth  and  manufacture  of  their  mother  country, 
since  it  is  undeniably  true,  that  every  penny  paid  to 
them  as  a  bounty  on  the  importing  into  this  Kingdom, 
any  commodities  not  of  our  own  growth  and  manu- 
facture but  of  the  growth  and  manufacture  of  some 
foreign  country,  will  be  a  certain  profit  and  advantage 
to  the  people  of  Great  Britain  as  it  will  necessarily 
conduce  to  the  security,  preservation  and  encrease 
of  its  trade  and  navigation,  its  riches  and  power. 
2  pp.  [C.O.  323,  9.  ff.  11-ISv.,  15v.,  16,  17,  I7v., 
190.] 


AMERICA   AND   WEST   INDIES. 


459 


July  29. 

[July  30] 
July  30. 

July  30. 


1729. 

July  29.  848.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Has  no  objection  to  10  acts  of  New  York  referred  to  him  23rd 
May.  Signed,  Fran.  Fane.  Endorsed,  Reed.  30th  July,  Read 
14th  Oct.,  1729.  2|  pp.  [C.O.  5,  1055.  ff.  l-2v.] 

849.  Same  to  Same.     Has  no  objection  to  four  acts  of  St. 
Christophers   submitted   on   20th  June.     Signed,   Fran.   Fane. 
Endorsed,     Reed.    30th  July,   1729,     Read     13th  Jan.,   17§ft. 
li  pp.     [C.O.  152,  17.    ff.  115,  U5v.,  I16v.] 

850.  Draught  of  Additional  Instructions  for  a  Governor 
of  S.   Carolina.     Endorsed,  Reed,   (from  Mr.   Godin)  July  30, 
1729.     8  large  pp.     [C.O.  5,  361.    ff.  17-20i;.,  21t>.] 

851.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Has  no  objections  to  six  Acts  of  Jamaica  of  1728,  submitted 
to  him  13th  May.     Signed,  Fran.  Fane.     Endorsed,  Reed.  30th, 
July,  Read  26th  Nov.,  1729.     1  p.      [C.O.  137,  18.    ff.  51,  59D.J 

852.  Daniel    Horsmanden    to    Mr.    Hammond.     Requests 
his  good  offices  in  obtaining  for  him  the  Attorney  Generalship 
of  New  Jersey.     About  12  months  ago  Mr.  Alexander  quitted 
that  office  upon  some  pique,  and  the  Governor  put  in  one  Mr. 
Smith,  a  person  not  bred  to  the  law,  till  some  proper  person 
should  be  appointed,  for  there  is  a  scarcity  of  lawyers  in  that 
country  etc.     Signed,  Dan.  Horsmanden.     Addressed,  for  Mr. 
Hammond,  at  Mrs.   Copes,  over  against  the  Adam  and  Eve 
alehouse,   Petty  France.     l£  pp.     [C.O.   5,   980.     No.   47.] 

[July  30]  853.  Address  of  the  Council  of  S.  Carolina  to  the  King. 
Petition  for  the  repeal  of  three  Acts  (i.-iii  in  No.  841  i.) 
as  having  proved  very  prejudicial  to  trade  and  property.  Seven 
signatures.  Endorsed,  Reed,  (from  Mr.  Godin)  30th  July,  1729. 
Enclosed, 

853.  i.  Reasons  offered  by  the  Council  for  the  repeal  of  said 

laws,  (i)  Governor  Nicholson  being  desirous  to 
model  this  Government  as  near  as  might  be  to  that 
of  Virginia  did  promote  the  said  laws  for  establishing 
County  and  Precinct  Courts,  to  which  the  Council 
shewed  no  inclination  as  not  being  adapted  to  the 
circumstances  of  this  Province  where  there  is  not  a 
tenth  part  of  the  inhabitants,  and  for  that  wee 
conceived  there  were  not  persons  quallified  for  such 
employments  to  be  had,  and  the  powers  given  by 
that  law  to  the  several  Justices  were  very  large,  but 
H.E.  insisting  that  no  inconvenience  arose  in  Virginia 
from  such  laws,  wee  gave  way  to  the  passing  the  said 
Acts.  The  many  inconveniences  that  have  arose 
have  more  fully  confirmed  us  in  our  first  opinion. 


460  COLONIAL   PAPERS. 

1729. 


The  powers  given  by  the  Act  are  very  exorbitant, 
for  they  have  not  only  a  civil  and  criminal  jurisdiction, 
but  even  the  power  of  the  ordinary  of  granting  letters 
of  administration  and  also  the  power  of  the  Court  of 
Chancery  so  far  as  relates  to  orphans.  The  Chief 
Justice  has  to  hold  so  many  Courts  that  he  has  no 
time  to  attend  to  these  latter  services  etc.,  and  his 
assistants,  being  bred  up  as  planters,  have  neither 
knowledge  nor  capacity  etc.  By  the  first  two  Acts 
all  actions  whatsoever  were  made  local  and  confined 
to  be  tryed  wheresoever  the  deffendant  might  happen 
to  live,  altho  the  contract  was  made  in  another 
county,  and  the  plaintiff  to  maintain  his  action  was 
necessitated  to  follow  the  deffendant  with  his  witnesses 
50  or  100  miles  etc.  When  this  was  altered  by  the 
third  Act,  of  1726,  all  the  Justices  save  those  of 
Beaufort  on  Port  Royall  Island  and  one  other  Court 
at  Echaw  in  Craven  County  threw  up  their  com- 
missions, for  nothing  would  satisfye  them,  but  bringing 
all  causes  to  their  own  doors.  The  Chief  Justice 
being  restrained  by  these  laws  not  to  hold  Courts 
without  them,  no  Courts  have  been  held  for  two  years 
past  at  the  three  other  places  or  precincts  at  Wassam- 
saw,  Wandoe  or  Wittown,  for  when  the  Chief  Justice 
came  the  circuits  at  the  time  appointed,  some  would 
not  appear  and  those  that  did  refused  to  act,  so  that 
all  causes  of  action  arising  in  those  precincts  being 
to  be  tryed  there,  those  places  have  ever  since  become 
mints  for  debtors  and  sanctuaries  for  all  criminals 
under  the  degree  of  felony.  The  Council  passed  a 
bill  for  reducing  those  three  last  mentioned  Courts, 
but  could  not  obtain  to  have  it  passed  in  the  Lower 
House,  etc.  The  necessity  of  passing  the  Act  of  1726 
(for  the  better  setting  the  Courts  of  Justice)  as  to  that 
part  which  appoints  the  Chief  Justice  to  go  his  circuits 
and  preside  in  those  Courts  was  very  apparent,  for 
the  Justices  who  before  were  appointed  being  bred 
up  only  in  planting  affairs  and  knowing  neither  law 
nor  practise  became  a  ridicule  to  the  lawyers,  subjected 
themselves  to  prosecutions  by  their  unskillfulness  and 
committed  so  many  errors,  that  there  would  have 
been  no  end  of  rectifying  them,  but  as  to  the  latter 
part  which  took  away  the  summons,  the  Council 
consented  to  pass  it  for  this  political  reason  to  prevent 
if  possible  the  large  credit  that  is  usually  given  in  this 
country,  but  have  since  found  that  it  has  no  ways 
answer'd  the  end  and  is  attended  with  this  worse 
inconveniency,  that  the  trading  interest  cannot  now 
by  any  means  get  in  their  debts,  for  where  a  person 


AMERICA   AND   WEST   INDIES.  461 

1729. 

conceals  himself,  wee  have  no  process  of  outlawry, 
so  that  the  goods  of  the  debtors  as  well  as  their  persons 
are  protected  against  their  creditors  and  their  lands 
never  made  subject  or  lyable  to  ye  payment  of  their 
debts  as  yet.  Pray  that  these  Acts  may  be  repealed, 
and  that,  if  it  be  found  convenient  to  continue  the 
Court  at  Beaufort  and  that  in  Craven  County  by 
reason  of  the  remote  distances,  "  that  then  such 
Courts  may  be  established  by  virtue  of  your  Majesty's 
Royal  Comission  and  Instructions  to  the  Governor 
directed  and  not  by  virtue  of  any  Act  of  Assembly, 
and  that  your  Majesty's  Cheife  Justice  may  be 
appointed  to  hold  the  same  by  virtue  of  H.E.'s 
Comission  only  and  not  in  pursuance  of  any  directions 
of  any  act  of  Assembly  "  etc.  Endorsed,  as  preceding. 
4  pp.  [C.O.  5,  361.  ff.  13,  14-15*;.,  I6v.] 

July  31.  854.  Order  of  Committee  of  Privy  Council.  Referring 
Whitehall,  back  to  the  Council  of  Trade  and  Plantations  their  representation 
of  20th  May  concerning  quit-rents,  in  the  two  new  counties  of 
Virginia,  "  to  reconsider  the  same,  and  to  lay  before  the  Com- 
mittee a  state  of  the  fact,  and  also  an  account  of  the  number 
of  acres  that  have  been  so  taken  up,  for  which  no  quit-rents  or 
purchase  of  rights  have  hitherto  been  paid,  together  with  the 
amounts  of  such  rights  and  quit-rents  etc.,  and  report  what 
they  consider  advisable  to  be  done  thereupon."  Signed, 
Edward  Southwell.  Endorsed,  Reed.  6th,  Read  7th  Aug., 
1729.  I$pp.  Enclosed, 

854.  i.  Copy  of  Representation  of  20th  May. 

854.  ii.  Copy  of  Lt.  Governor  Gooch's  letter,  6th  Nov.,  1728. 

[C.O.  5,  1322.    ff.  1-2,  3-5,  Sv.] 

July  31.         855.     Order  of  Committee  of   Privy  Council.       Referring 
Whitehall,     following  to  the  Council  of  Trade  and  Plantations.     Signed  and 
endorsed  as  preceding.     1  p.     Enclosed, 

855.  i.  Lords  Commissioners  of  the  Admiralty  to  the  Duke 

of  Newcastle.  May  12,  1729.  Enclose  following, 
relating  to  waste  of  woods  in  New  England,  for  H.M. 
Instruction  thereupon.  3  signatures.  Copy.  1  p. 
855.  ii.,  iii.  Copies  of  letters  from  Mr.  Haley,  6th  March, 
Mr.  Slade,  28th  Feb.,  to  Col.  Dunbar.  v.  21st  April, 
supra.  [C.O.  5,  870.  ff.  257,  258,  259-263,  266u.] 

July  31.  856.  Order  of  Committee  of  Council.  Referring  following 
to  the  Council  of  Trade  and  Plantations  to  examine  into  the 
allegations  thereof,  and  report  their  opinion  thereupon.  Signed, 
Edward  Southwell.  Endorsed,  Reed.  6th,  Read  7th  Aug.,  1729. 
|  p.  Enclosed, 


462 


COLONIAL   PAPERS. 


1729. 


July  81. 

Whitehall. 


July  81. 

Whitehall. 


Aug.  2. 

New  York. 


856.  i.  Address  of  Council  of  N.  Carolina  to  the  King.     i». 

C.S.P.     Dec.  12,  1728.     Copy.     6  pp.     [C.O.  5,  1267. 
ff.  70,  71-73i;.,  75v.]. 

857.  Order  of  Committee  of  Council.     Referring  following 
to  the  Council  of  Trade  and  Plantations  for  their  report.     Signed 
and  endorsed  as  preceding,     f  p.     Enclosed, 

857.  i.  Lt.  Governor  Sir  R.  Everard  to  the  Duke  of  Newcastle. 
Abstract.  Refers  to  letter  of  Jan.  transmitting  copy 
of  his  order  to  Mr.  Lovick,  Secretary  under  the  Lords 
Proprietors,  forbidding  him  to  issue  any  more  patents 
for  lands,  after  hearing  that  H.M.  had  purchased  the 
soil  etc.  Lovick  has  disregarded  this  order,  and  the 
Governor  therefore  repeated  his  commands  in  Council, 
31st  March,  "  at  which  time  the  Members  of  my  Councill 
broke  up  in  great  pett,  and  have  not  since  been  so 
mannerly  as  to  give  me  an  answer,  but  caviled  with 
me  concerning  my  authority  in  case  of  vacancy  in 
appointing  a  Provost  Marshall  which  occasioned  an 
entire  overthrow  of  all  proceedings  in  Chancery  etc. 
There  have  been  for  several  years  past  very  corrupt 
doings  in  the  Secretary's  office  concerning  the  lands, 
transacted  by  Lovick  and  Edwd.  Moseley,  Surveyor 
Genl."  etc.  Proposes  appointment  of  a  Receiver  Genl. 
of  the  Quitrents  with  a  power  of  inspecting  into  the 
clandestine  disposal  of  lands  etc.  Set  out,  N.C. 
Col.  Rec.  III.  26.  Signed,  Richd.  Everard.  Without 
date.  Copy.  If  pp.  Enclosed, 

857.  ii.  Minutes  of  Council  of  N.  Carolina,  31st  March,  1729. 

Copy.     3|  pp.     [C.O.  5,  1267.    ff.  76,  77-7Qv.,  82i'.]. 

858.  Council   of  Trade  and  Plantations  to  the  Lords  of 
the   Committee   of  the   Privy   Council.     Represent  that  they 
have  considered  the  complaints  referred  to  them,   2nd  July, 
and    discoursed    with    several    persons    well    acquainted    with 
S.  Carolina,    "  by  whom  we  are  confirm'd  in  the  truth  of  the 
several  facts  and  complaints  in  the  sd.  papers  contain'd,  whereby 
we  have  great  reason  to  believe,  that  the  Province  is  in  the 
utmost   confusion,   which  in   our  humble   opinion   can  be  no 
otherwise   redressed,    but   by   the    speedy   appointment   of  a 
Governor ;     and  whenever  we   shall  receive  H.M.   commands 
for    preparing    a    Commission    and    Instructions    for    such    a 
Governor,  the  papers  referred  to  us  by  your  Lordships  will  be 
of  great  use  for  the  forming  of  Instructions  on  that  occasion." 
[C.O.  5,  400.     pp.  243,  244.] 

859.  Governor   Montgomerie   to   Mr.    Delafaye.     Abstract. 
Encloses   copies   of  papers   sent  30th  June.     Hopes  that   the 
matter  will  be  laid  before  H.M,  and  that  it  will  plainly  appear 


AMERICA   AND   WEST   INDIES.  463 

1729. 

that,  as  the  Council  declares,  he  has  acted  according  to  his 
instructions  and  according  to  precedents  etc.,  and  could  have 
no  private  view  of  making  one  shilling  by  the  savings,  but  was 
endeavouring  to  reduce  the  expenses  of  the  government  to 
answer  the  revenue  granted  by  the  province,  in  order  to  prevent 
the  inconveniencies  that  made  some  of  his  predecessors  very 
uneasy,  and  provok'd  some  of  H.M.  subjects  so  far,  that  at  his 
arrival  the  only  argument  used  against  setling  the  revenue  for 
five  years  was,  that  perhaps  part  of  it  would  be  squandered 
away  to  support  useless  officers  etc.  Requests  his  support  in 
obtaining  approval  of  Philip  Courtland  in  place  of  Lewis  Morris 
in  the  Council  etc.  Refers  to  following  letter  and  asks  him  to 
speak  to  some  of  the  Lords  of  Trade  on  the  matter  of  paper 
money  etc.  Signed,  J.  Montgomerie.  Endorsed,  R.  Oct.  3rd. 
Holograph.  4  pp.  Set  out,  N.Y.  Col.  Doc.  V.  p.  888. 
Enclosed, 

859.  i.  Copy  of  No.  860. 

859.  ii.  Copy  of  No.  799. 

859.  in.  Copy  of  No.  799  i. 

859.  iv.  Copies  of  Nos.  799  i.-iv.     [C.O.  5,  1093.  ff.  86-98i;., 
100-103,  106-115,  118,  1189.]. 

Aug.  2.          860.     Same    to    the    Council    of    Trade    and    Plantations. 

New  York.  Abstract : — Gives  at  length  his  reasons  for  his  agreeing  with 
Governor  Burnet  and  differing  from  the  Board  in  the  matter  of 
the  Act  of  New  Jersey  for  appropriating  a  part  of  the  interest 
money  etc.  cf.  20th  Nov.  1728,  and  concludes  by  representing  that 
if  they  insist  on  their  Instruction  to  him  of  sinking  the  interest 
money  or  detaining  it  in  the  Treasurer's  hands,  till  the  paper 
credit  ends,  the  Government  of  New  Jersey  will  in  all  probability 
remain  unsupported  from  Sept.  1730,  when  the  present  revenue 
expires,  to  Sept.  1736,  and  suggests  that  this  is  risking  too 
much.  He  must  delay  meeting  the  Assembly  till  he  has  their 
answer,  etc.  Set  out,  N.  J.  Archives,  1st  Ser.  V.,  249,  and 
N.Y.  Col.  Doc.  V.,  889.  Signed,  J.  Montgomerie.  Endorsed, 
Reed.  2nd  Oct.,  1729,  Read  April  22nd,  1730.  llf  pp.  [C.O. 
5,  972.  ff.  191-196U.,  197*;.]. 

Aug.  7.  861.  Council  of  Trade  and  Plantations  to  Governor 
Whitehall.  Worsley.  Acknowledge  letter  of  7th  April.  Have  recommended 
Mr.  Davers  and  Leslie  etc.  (v.  June  4).  Continue  : — What 
you  say  with  respect  to  the  Assembly's  complaints  against  you 
will  be  considered  when  we  have  an  opportunity  of  hearing  what 
the  Agent  for  the  Assembly  and  your  Attorny  have  further 
to  offer.  We  have  lately  had  under  our  consideration  an  act 
passed  at  Barbados  in  1728,  to  reduce  the  rate  of  intrest,  upon 
which  we  have  some  doubts  ;  For  this  act  establishes  the  rate 
of  intrest  to  be  at  8  pr.  cent,  per  annum  upon  all  contracts 


464 


COLONIAL   PAPERS. 


1729. 

made  after  the  24th  of  June  last,  and  repeals  the  acts  which 
allow  10  pr.  cent,  before  that  time,  upon  which  we  apprehend 
some  dificulty  may  arise  as  to  the  validity  of  contracts  made 
upon  the  former  acts,  because  everything  enacted  by  the 
10  pr.  cent,  acts  is  by  the  present  act  made  void.  An  act  of 
this  nature  may  be  of  general  advantage  to  the  island,  but 
we  think  it  ought  to  be  cautiously  worded,  to  prevent  disputes  ; 
and  therefore  we  desire  you  will  consult  the  Learned  in  the 
Law  with  you  whether  this  act  be  intirely  free  from  the  above- 
mentioned  objection,  and  in  the  mean  time  we  shall  let  it  ly 
by.  Acknowledge  letters  of  1st  and  15th  and  acquaint  him 
with  their  letter  of  20th  June  to  the  Duke  of  Newcastle. 
Continue : — The  same  is  now  under  consideration  of  the 
Council  and  we  shall  send  His  Grace  copies  of  your  two  last 
letters  and  of  the  papers  therein  referred  to  for  the  further 
information  of  the  Council  in  this  matter.  Signed,  Your  very 
loving  friends  and  humble  servants  etc.  [C.O.  29,  15.  pp. 
112-114.] 

Aug.  7.         862.     Same  to  the  Duke  of  Newcastle.     Enclose  copies  of 
Whitehall,     letters  referred  to  in  last  paragraph  of  preceding.     Autograph 
signatures.     1  p.     Enclosed, 

862.  i.  Copy  of  letter  from  Governor  Worsley  to  Council  of 

Trade  and  Plantations.     1st  June,  1729. 
862.  ii.  Copies    of    Mr.   Reeve's    opinions,    15    Jan.,    1727, 

1st  Feb.,  1728.     (v.  20th  April.)     1  p. 

862.  iii.  Copy  of  letter  from  Governor  Worsley  to  the  Council 
of  Trade  and  Plantations,  15th  June,  1729.  1  p. 
[C.O.  28,  40.  Nos.  4,  4  i.-iii.  ;  and  (without  enclosures) 
29,  15.  p.  114.] 

Aug.  7.  863.  Tho.  Lowndes  to  Mr.  Popple.  The  Assembly  of 
Pensilvania  has  lately  laid  a  duty  of  40*.  pr.  head  upon  every 
Palatin,  that  shall  for  the  future  arrive  in  that  Province. 
So  that  now  their  Lordships  have  it  in  their  power  to  settle 
Carolina,  with  an  industrious  honest  race  of  people.  There  is 
also  gone  to  S.  Carolina  a  few  Palatins  (by  commission  from 
their  countrymen)  in  order  to  send  home  an  account  of  the 
place  etc.  It  would  be  much  for  the  service  of  the  publick, 
if  their  Lordships  would  immediately  recommend  to  the 
President  and  Counsel  the  using  those  persons  with  humanity 
and  kindnesse.  Signed,  Tho.  Lowndes.  Endorsed,  Reed.  8th, 
Read  12th  Aug.,  1729.  Addressed.  Holograph.  1  p.  [C.O. 
5,  361.  ff.  24,  24u.] 

Aug.  11.         864.     Duke    of   Newcastle    to    the    Council    of   Trade    and 

Kensington.    Plantations.     Encloses   following  for   their  report   as    soon   as 

possible,    "  the    King's   service  requiring  that  no  time  should 

be  lost  in  erecting  the  proper  buildings  upon  that  island  for 


AMERICA   AND   WEST   INDIES. 


465 


1720. 


the    service    of   the    Navy "    etc.      Signed,    Holies    Newcastle. 

Endorsed,  Reed.,  Read  13th  Augt.,  1729.  1  p.  Enclosed, 
864.  i.  Lords  Commissioners  of  the  Admiralty  to  the  Duke 
of  Newcastle.  Admty.  Office,  9th  Aug.,  1729.  We 
have  purchased  Linches  Island  on  the  N.  side  of 
Jamaica  etc.,  but  there  being  20  acres  on  the  E.  end 
included  in  the  30,000  acres  taken  from  the  respective 
Proprietors  of  Jamaica,  by  an  Act  of  Assembly  there, 
and  there  being  an  absolute  necessity  the  Crown 
should  have  the  whole  of  Linches  Island  for  the  use  of 
the  Navy  etc.,  Pray  that  H.M.  may  direct  Governor 
Hunter  to  invest  them  with  the  said  20  acres,  that 
so  it  may  be  built,  and  improved,  to  the  intention  of 
the  aforesaid  Act  etc.  Signed,  Torrington,  Jno. 
Norris,  T.  Lyttleton.  Copy.  If  pp.  [C.O.  137,  18. 
ff.  32,  33,  33t;.,  850.] 

Aug.  13.         865.     Mr.  Wheelock  to  Sir  Philip  Yorke  and  Charles  Talbot, 

Whitehall.     Attorney  and  Solicitor  General.     Encloses,   for  their  opinion 

in  point  of  law  act  of  Montserrat,  for  establishing  a  Court  of 

King's  Bench  etc.,  and  an  act  of  limitations  etc.     [C.O.  153,  15. 

p.  29]. 

Aug.  14.        866.     Council   of  Trade   and   Plantations  to  the  Duke   of 
Whitehall.     Newcastle.      Enclose   following,   in   reply   to   No.   864,    to   be 
laid  before  H.M.     Autograph  signatures.     1  p. 

866.  i.  Same  to  the  Queen,  Guardian  of  the  Kingdom  etc. 
Quote  Act  of  Jamaica  for  settling  the  N.E.  part  of  the 
Island  allotting  for  a  town,  the  20  acres  on  Rut  hers  or 
Lynchs  Island,  now  required  for  a  fort.  Conclude  : 
We  have  no  account  of  any  grants  made  thereof 
pursuant  to  said  Act  etc.,  but  as  grants  may  have 
been  made,  tho  not  come  to  our  knowledge,  it  will 
in  that  case  be  necessary  to  have  regard  to  persons 
who  have  acquired  a  property  under  such  grants, 
and  likewise  as  the  limitations  and  restrictions  of  the 
said  Act  for  granting  the  said  20  acres,  may  not  suit 
with  the  dispositions  which  may  be  judged  necessary 
for  fortifying  and  securing  the  Island,  we  therefore, 
for  avoiding  all  doubts  and  difficulties,  that  may 
possibly  arise,  are  humbly  of  opinion  that  your 
Majesty's  Royal  pleasure  be  signifyed  to  Major  Genl. 
Hunter  to  recommend  to  the  General  Assembly  to 
pass  an  act  for  vesting  the  said  20  acres  absolutely 
in  the  Crown  without  limitation,  and  to  make  satis- 
faction to  such  persons  already  settled  there  (if  any 
such  there  be)  whom  it  may  be  necessary  on  this 
occasion  to  remove  ;  and  we  cannot  apprehend  there 
will  be  any  difficulty  in  obtaining  an  Act  for  these 

C.F  xxxvj— so 


466  COLONIAL   PAPERS. 

1729. 

purposes,  as  manifestly  tending  to  the  advantage 
and  protection  of  the  Island.  Autograph  signatures. 
3  pp.  [C.O.  137,  47.  Nos.  12,  13;  and  138,  17. 
pp.  275-280.] 

[Aug.  14.]  867.  Merchants  trading  to  the  British  Colonies  in  America 
to  the  Council  of  Trade  and  Plantations.  Wee  are  fully  con- 
vinced of  the  wisdom  and  good  tendency  of  the  Act  for  ascer- 
taining the  price  of  coins  etc.,  to  prevent  the  draining  of  species 
from  one  place  to  another,  which  if  it  had  been  duely  observed, 
and  properly  enforced  by  all  Governours,  wou'd  have  prevented 
the  misfortunes  and  injustice  the  good  and  well-meaning 
traders,  widows  and  orphans  have  been  subjected  to,  where 
paper  money  hath  been  introduced  by  designing  men,  to 
defraud  their  creditors.  Pray  that  the  said  paper  currencies 
be  reduced  and  abolished  and  the  Proclamation  payments 
restored  in  their  full  force  and  vertue  conformable  to  the  said 
Act  and  the  many  orders  of  the  King  and  Council  to  all 
Governours,  and  particularly  those  of  South  Carolina.  Signed, 
John  Lambert,  Steph.  Godin,  John  Hewlett,  Jos.  Wyeth  and 
28  others.  Endorsed,  Reed,  (from  Mr.  Godin)  14th  Aug.,  1729, 
Read  12th  March,  17|§.  1  p.  [C.O.  5,  361.  ff.  52,  52i;.] 

[Aug.  14].  868.  Additional  Instructions  proposed  for  a  Governor 
of  South  Carolina.  Endorsed  as  preceding.  2|  pp.  [C.O.  5, 
361.  ff.  53-54t;.]. 

Aug.  14.  869.  Council  of  Trade  and  Plantations  to  the  Committee 
Whitehall,  of  the  Privy  Council.  Pursuant  to  order  of  31st  July  have 
reconsidered  their  letter  of  20th  May  etc.  Quote  from  their 
representation,  C.S.P.  12th  May,  1727,  upon  Col.  Spotswood's 
petition  with  regard  to  taking  up  lands  in  Virginia,  and  Order 
of  Lords  Justices  in  Council  on  that  subject,  6th  Aug.  1723. 
Continue  : — As  to  the  number  of  acres  taken  up  in  the  two  new 
counties,  for  which  no  quit-rents  or  purchase  of  rights  have 
hitherto  been  paid  etc.,  we  have  no  accounts  of  the  lands  granted 
in  Brunswick  County,  which  we  believe  to  be  but  inconsiderable, 
from  what  the  late  Lt.  Govr.  Drysdale  and  Major  Gooch  have 
written  to  us  upon  that  subject.  But  we  have  in  our  Office 
two  accounts  transmitted  to  us  by  Major  Drysdale,  relating 
to  the  number  of  acres  taken  up  in  Spotsylvania  county ;  the 
first  is  a  list  of  all  the  patents  issued  for  land  in  Spotsylvania 
county,  dated  24th  Jan.,  1723,  the  other  of  land  belonging  to 
Colo.  Spotswood  in  Spotsylvania  county  etc.,  (copies  enclosed). 
The  number  of  acres  contained  in  the  first  of  these  is  208,733, 
and  in  the  second,  86,650.  But  forasmuch  as  two  of  the 
grants  in  trust  for  Colo.  Spotswood,  of  40,000  and  19,786 
acres,  are  contained  in  the  first  general  account,  the  total  will 
be  235,597  etc.  Quote  order  in  Council  of  1st  Feb.  1729.  By 


AMERICA   AND   WEST   INDIES.  467 

]72f. 

the  aforementioned  account  from  Mr.  Drysdale,  there  appear 
to  be  granted,  exclusive  of  those  to  Colo.  Spotswood,  and  of 
1000  acres  for  which  each  patentee  was  exempted  from  rights 
and  from  quit-rents  for  the  7  years  ending  1st  May,  1728, 
according  to  the  directions  in  the  Lords  Justices'  order  (6th 
Aug.  1723),  120,330  acres,  the  purchase  rights  whereof,  if 
payd  in  money  at  5s.  per  acre  for  50  acres  would  amount  to 
£601  13*.,  and  ye  quit-rents  of  ye  same,  at  25.  pr.  100  acres 
pr.  ann.  for  the  whole  seven  years  to  £842  65.  2d.  etc.  As  H.M. 
has  already  been  graciously  pleased  to  confirm  the  grants  made 
to  Colo.  Spotswood  by  his  order  in  Council,  1st  Feb.  1729  etc., 
we  should  submit  to  your  Lordships  whether  the  like  indulgence 
might  not  in  some  measure  be  extended  to  the  other  grantees 
of  lands  in  Spotsylvania  country,  upon  the  conditions  suggested 
in  Major  Gooche's  letter,  that  is  to  say,  that  they  should  be 
permitted  to  hold  their  lands,  and  be  excused  from  the  rights 
on  payment  of  the  seven  years  quit-rents  now  in  arrear,  which 
will  amount  to  a  larger  summ  than  the  rights  would  do,  tho' 
the  same  were  payd  in  mony,  which  seldom  happens,  because 
the  planters  are  at  liberty  to  produce  importation  rights  in 
lieu  thereof.  But  on  the  other  hand,  as  we  were  formerly  of 
opinion  that  these  grants  should  not  be  exorbitant  in  their 
quantity,  we  would  humbly  propose  that  this  indulgence,  in 
case  H.M.  shall  approve  thereof,  should  be  restrained  to  grants 
of  6000  acres  or  under,  including  therein  the  one  thousand 
allowed  of  by  the  Lords  Justices'  orders  for  settling  these 
counties,  and  that  whosoever  shall  be  desirous  to  hold  more 
than  6000  acres,  shall  pay  both  the  same  rights  and  quit-rents 
for  every  acre  exceeding  that  number,  as  lands  in  any  other 
part  of  Virginia  are  lyable  to.  We  are  the  rather  inclined  to 
this  proposition,  because  we  find  by  Mr.  Gooche's  letters,  that 
greatest  part  of  these  lands  are  already  settled,  and  that  a 
quit-rent  will  from  thence  immediatly  become  payable  to 
H.M.  [C.O.  5,  1366.  pp.  38-47.] 

[Aug.  14].  870.  Extract  of  a  letter  from  France.  Two  or  three 
merchants  of  Rouen  have  received  permission  to  settle  a  little 
Island  near  the  northern  extremity  of  Gaspey  in  Newfound- 
land, to  establish  a  cod-fishery  there.  They  have  despatched 
thither  a  fleet  with  about  200  peasants.  They  hope  next  year 
to  send  five  or  six  ships  with  people  etc.  Endorsed,  Reed,  (from 
Mr.  Stephen  Godin)  14th  Aug.,  Read  17th  Sept.,  1729.  French. 
Copy.  I  p.  [C.O.  194,  8.  ff.  222,  222u.] 

[Aug.  15].  871.  Capt.  Burrington,  late  Lt.  Governor  of  N.  Carolina, 
to  the  Lords  Proprietors  of  Carolina.  Abstract.  Refers  to  his 
report  on  the  state  of  the  country  and  papers  sent  by  him  1| 
years  ago  by  Mr.  Durley,  who,  he  now  learns  gave  them  to 
Lovick's  brother  in  London,  or  destroyed  them,  On  his  return 


468  COLONIAL   PAPERS. 

1729. 

from  his  first  journey  to  Cape  Fair  River  he  also  sent  them  a 
description  of  that  part  of  Carolina  and  his  intention  to  return 
there  to  induce  people  to  settle  on  that  river,  as  well  as  a  large 
relation  of  the  conduct  of  Chief  Justice  Gale  and  Secretary 
Lovick  etc.  and  of  the  law-suit  concerning  Mr.  Eden's  will  etc. 
During  the  two  years  he  has  been  in  Carolina  he  has  only 
received  one  letter  in  answer  to  some  hundreds  sent  to  England 
etc.  At  his  first  coming  there  was  a  great  mortality  among  the 
cattle  and  most  planters  lost  above  half  their  stocks,  etc.  A 
mighty  storm  in  the  preceding  autumn  destroyed  their  corn, 
so  that  there  was  almost  a  famine,  the  year  following  on  19th 
Aug.,  another  storm  had  the  same  effect.  These  mischievous 
winds  raised  the  price  of  corn  to  five  times  the  usual  rate, 
pork  from  4>5s.  per  barrel  to  5  or  £6.  Nevertheless  1000  families 
came  to  live  in  Carolina  during  his  administration.  The  militia 
was  in  strange  disorder,  in  most  places  no  officers,  in  others 
very  unfit  persons.  This  he  regulated  to  the  satisfaction  of 
all.  The  Justices  of  the  precinct  Courts  were  mostly  illiterate 
and  of  no  authority.  He  persuaded  Col.  Moseley  and  other 
Gentlemen  to  preside  in  the  Courts  of  the  precincts  where  they 
lived,  whereby  Justice  was  established  and  disorders  in  those 
Courts,  very  frequent  before,  immediately  ceased.  No  com- 
plaints have  been  made  against  any  officer,  civil  or  military, 
since  these  new  Commissions  were  granted.  This  year  there 
is  great  plenty  of  provisions  and  grain,  and  everything  is  at  a 
low  rate,  but  he  has  not  heard  of  one  man  come  to  live  in  the 
country  since  the  change  of  Government.  He  expected  5  or 
600  families  in  the  new  country,  but  fears  that  not  above  a 
tenth  part  of  that  number  will  now  come.  Sir  R.  Everard 
came  in  July  and  took  the  Government  without  acquainting 
him  of  his  Commission.  He  had  prepared  to  entertain  him, 
but  his  incivility  saved  him  that  trouble.  Out  of  respect  for  the 
Proprietors'  interest  and  the  good  of  the  country,  however, 
he  warned  him  against  following  the  advice  of  Gale,  Lovick 
and  their  gang,  but  his  advice  was  treated  with  ridicule  etc. 
Sir  R.  is  overthrowing  all  order  and  good  Government,  and 
many  gentlemen  are  resigning  their  Commissions  etc.  Con- 
tinues :• — Great  improvements  have  been  made  since  I  knew 
the  country  in  husbandry,  the  unsettledness  of  trade  has  been 
the  subject  of  my  discourse  many  days  among  the  most  sub- 
stantial men,  the  conclusion  ended  in  a  resolution  to  buy 
vessels  and  carry  on  a  sufficient  trade  to  Jamaica  to  supply 
the  country  with  rum,  molossus,  and  salt  etc.  My  removal  has 
put  an  end  to  this,  and  many  other  designs,  several  masters 
who  sailed  their  own  vessels  had  bought  land  with  design  to 
settle  their  familys  here  have  now  changed  their  minds  etc. 
There  is  in  the  hands  of  the  publick  Treasurer  and  Receivers 
above  £2000  although  there  has  been  no  tax  besides  the  common 
levy  of  5s.  pr.  head,  which  before  my  time  did  not  defray  the 


AMERICA   AND   WEST    INDIES. 


469 


1729. 


publick  charges.  Refers  to  his  hardships  and  expenses  by 
land  and  water.  All  his  expeditions  were  at  his  own  expense. 
He  brought  a  large  family  of  servants  whom  he  maintained 
out  of  his  own  stock.  His  salary,  fees  and  perquisites  were 
not  worth  more  in  18  months,  than  he  could  have  made  £100 
well  laid  out  in  England  to  produce  here.  "  This  was  occasioned 
by  some  Acts  of  Assembly  passed  the  November  before  my 
evil  destiny  brought  me  into  Carolina.  I  know  but  one  thing 
your  Lordships  can  take  amiss  from  me,  which  was  my 
appointing  Naval  Officers.  Dunstan's  ill  behaviour  obliged 
me  to  do  so,  besides  you  well  know  it  was  my  right  "  etc.  Is 
only  staying  in  Carolina  in  expectation  that  the  complaints  of 
Gale  and  Lovick  will  be  sent  there,  which  he  will  be  able  to 
prove  false  and  scandalous.  The  lawsuit  between  Mr.  Lloyd 
and  Lovick  has  been  the  chief  occasion  of  difference  there.  A 
large  part  of  Governor  Eden's  estate  has  gone  into  the  hands 
of  affidavit  men  and  others  as  bad.  He  is  at  a  loss  to  know 
why  their  Lordships  removed  him  from  the  governorship  etc. 
Printed,  N.C.  Col.  Rec.  III.  27.  Signed,  Geo.  Burrington. 
Without  date.  Endorsed,  Reed,  (from  Capt.  Burrington)  15th, 
Read  26th  Aug.  1729.  Copy.  4  pp.  [C.O.  5,  1267.  ff.  97- 


[Aug.  15].  872.  Journal  of  Assembly  of  N.  Carolina,  1st  Nov.  1725— 
13th  April,  1726.  Endorsed  as  preceding.  26  pp.  [C.O.  5, 
1267.  ff.  83-95*;.,  96u.] 

[Aug.  15].  873.  Copy  of  a  bill  prepared  in  1725  for  taking  off  the 
enumeration  of  rice  from  the  Plantations  in  America.  Endorsed, 
Reed,  (from  Mr.  Cary)  Read  15th  Aug.,  1729.  7  pp.  [C.O. 
5,  361.  ff.  26-29i;.] 


Aug.  16. 

Treasury 
Chambers. 


874.  Mr.  Scrope  to  the  Council  of  Trade  and  Plantations. 
The  Lords  Commissioners  of  H.M.  Treasury  upon  enclosed 
petition  do  agree  that  the  sum  claimed  be  incerted  on  the  next 
quarterly  bill  of  incidents  for  your  Office  etc.  Signed,  J.  Scrope. 
Endorsed,  Reed.  16th  Aug.,  Read  23rd  Sept.,  1729.  |  p. 
Enclosed, 

874.  i.  Petition  of  Henry  Horridge,  letter  carrier  to  the 
General  Post  Office,  to  the  Lords  Commissioners  of 
H.M.  Treasury.  Applies  for  payment  of  postage  paid 
by  him  to  the  General  Post  Office  on  letters  delivered 
to  the  Board  of  Trade  before  the  decease  of  His  late 
Majesty  etc.  (v.  Jan.  27).  There  being  no  cash  that 
goes  through  their  hands  but  by  the  order  of  the 
Lords  of  the  Treasury,  the  Lords  Commissioners  of 
Trade  have  referred  petitioner  to  them  etc.  1  p. 
[C.O.  388,  79.  Nos.  48,  49.] 


470 


COLONIAL   PAPERS. 


1729. 
Aug.  18. 

Portsmouth. 


Aug.  18. 

Kensington. 


Aug.  18. 

Kensington. 


Aug.  18 

Kensington. 


Aug.  18. 

Kensington. 


875.  Mr.  Missing  to  the  Council  of  Trade  and  Plantations. 
Refers  to  letter  of  23rd  Sept.  1728,  and  enquires  as  to  H.M. 
intentions  with  regard  to  the  peopling  of  South  Carolina,  in 
order  that  he  may  make  an  offer  for  a  contract  etc.     Signed, 
Tho.  Missing.     Endorsed,  Reed.   18th  Aug.,   1729,  Read  13th 
March,  17f£.     1  p.     [C.O.  5,  361.    ff.  74,  75v.] 

876.  Order  of  Queen,  Guardian  of  the  Realm,  in  Council. 
Referring  following  to  the  Council  of  Trade  and  Plantations, 
who  are  to  prepare  an  instruction  for  Governor  the  Earl  of 
Londonderry.     Signed,   Jas.    Vernon.     Endorsed,    Reed.    22nd, 
Read  26th  Aug.,  1729.     l£  pp.     Enclosed, 

876.  i.  Lords  Commissioners  of  the  Admiralty  to  the  King. 

Admiralty  Office,  25th  July,  1729.  Having  given 
orders  for  building  two  storehouses  etc.  at  English 
Harbour,  Antegoa,  for  the  more  convenient  cleaning 
and  refitting  of  H.M.  ships,  request  that  the  Council 
of  the  island  may  be  directed  to  secure  by  an  act 
water  for  them,  particularly  at  Douglas's  well, 
escheated  lands  near  the  harbour,  and  fuel  at  reason- 
able rates,  and  to  oblige  themselves  to  maintain  the 
fortifications  they  have  proposed  for  the  security  of 
the  harbour,  according  to  assurances  given  by  the 
merchants  to  the  Navy  Board  etc.  v.  A.P.C.  III.  No. 
185.  4  signatures.  Copy.  1|  pp.  [C.O.  152,  17. 
ff.  86,  861;.,  87,  87v.,  89i>.] 

877.  Order  of  Queen  etc.   in   Council.     Objection   having 
been  made  by  merchants  trading  to  the  Leeward  Islands  that 
the  duties  laid  by  the  Acts  of  Antigua,  Nevis  and  St.  Kitts  for 
settling  additional   salaries   for  Governor  Lord  Londonderry, 
are  to  arise  chiefly  from  the  shipping  trade  of  Great  Britain, 
Ordered  that  the  said  acts  do  lye  by,  and  that  the  Governor 
do  endeavour  to  obtain  Acts  of  Assembly  for  raising  duties  in 
some  other  manner  etc.  v.  A.P.C.  III.     No.  170.     Signed,  Ja. 
Vernon.     Endorsed,  Reed.  20th,  Read  23rd  Sept.,  1729.     4  J  pp. 
[C.O.  152,  17.    ff.  98-100,  lOlt;.] 

878.  Order  of  Queen  etc.  in  Council.     Confirming  Act  of 
St.  Christopher  to  subject  all  goods  of  the  growth  and  produce 
of  the  late  French  part  shipped  off  to  the  4|  p.c.  duty  etc. 
Signed,  and  endorsed  as  preceding.     2  pp.     [C.O.  152,  17.    ff. 
102,  102u.,  I08v.] 

879.  Order  of  Queen  etc.  in  Council.     Repealing  Act  of 
Virginia  for  laying  a  duty  on  slaves  imported  and  for  appointing 
a  Treasurer.     Signed  and  endorsed  as  preceding.     1 J  pp.     [C.O. 
5,  1322.    ff.  27,  27t>.,  28v.] 


AMERICA  AND   WEST   INDIES. 


471 


1729. 

Aug.  18. 

Kensington. 


Aug.  18. 

Kensington. 


Aug.  18. 

Kensington. 


Aug.  18. 

Oxford 

att 
St.  John's 


880.  Order  of  Queen  etc.  in  Council.     Approving  the  new 
seals  for  Barbados,  Jamaica,  Virginia  and  Carolina,  and  ordering 
the  Council  of  Trade  and  Plantations  to  prepare  draughts  of 
warrants  for  transmitting  them  to  the  Governors,  empowering 
them  to  make  use  thereof,  and  requiring  them  to  return  the  old 
seals  in  order  to  their  being  defaced  etc.     Signed,  Ja.  Vernon. 
Endorsed,   Reed.    22nd,   Read   26th  Aug.,    1729.     1  p.     [C.O. 
28,  21.    ff.  12,  13*;.] 

881.  Order  of  Queen  etc.,  in  Council.      Upon  the  report 
of  the  Attorney  and  Solicitor  General  that  the  Act  of  Barbados, 
1722,  for  supporting  the  honour  and  dignity  of  H.M.  Government 
is  still  in  force  and  not  determined,  the  same  being  directed 
to  have  continuance  for  so  long  time  as  Mr.  Worseley  should 
continue  to  be  H.M.  Governor  in  Chief  of  the  said  Island,  and 
in  that  quality  personally  reside  there,  and  his  authority  as 
Governor  having  been  continued  by  virtue  of  the  Act  6th  Anne 
[for  continuing   officers   six  months   after  the   demise   of  the 
Crown]  and  H.M.  Proclamation  of  5th  July,  1727,  to  the  time 
that  the  new  commission  granted  to  him  by  his  present  Majesty 
took  place,  without  any  interruption  etc.,  Ordered  that  the  said 
Act  doth  still  continue  in  full  force,  and  that  the  Governor  do 
signify  H.M.  commands  to  all  persons  concerned  therein,  that 
they   yield   due   obedience   thereto,    as   they   will   answer  the 
contrary  etc.     Set  out,  A.P.C.  III.     pp.  232,  233.     q.v.    Signed, 
Ja.   Vernon.     Endorsed,   Reed.   20th,   Read  23rd  Sept.,    1729. 
4pp.     [C.O.  28,  21.    ff.  l4>-l5v.,  IQv.] 

882.  Order   of    Queen  etc.,   in   Council.     Upon  report  of 
Council  of  Trade  upon  Lord  Micklethwait's  petition,  ordered 
that  the  Governor  of  Barbados  do,  with  the  Council,  examine 
and  settle  petitioner's  account  for  money  due  to  him  for  fees 
as   Secretary,   and  that   the   Governor  do  recommend  to  the 
Assembly  the  immediate  payment  of  what  shall  be  found  due 
to  him,  upon  proper  vouchers,  according  to  the  usual  fees  etc. 
Signed,  and  endorsed  as  preceding.     2  pp.     [C.O.  28,  21.    ff. 
18,  18v.,  I9v.] 

883.  Commodore    Lord   Vere    Beauclerk   to    Mr.    Popple. 
Capt.  Osborne  is  att  Trinity,  from  whence  he  may  not  have 
an  opportunity  of  writing  etc.     Before  he  left  this  place,  he 
appointed  three  Justices  of  the  Peace  for  this  district,   for  as 
there  are  not  in  every  town  people  of  sufficient  character  and 
capacity  to  entrust  with  the  power  of  a  Justice,  he  has  putt 
several  towns  into  one  district,  as  into  this  the  towns  of  St. 
John's,   Quidividy,  Torbay,   Petty  Harbour  and    the    Bay  of 
Bulls,  for  which  the  three  Justices  are  Mr.  William  Keen,  Mr. 
William  Weston  and  Mr.  Allen    Southmayde,    besides    which 
he  appointed  two  or  more  constables,  according  to  the  number 


472 


COLONIAL   PAPERS. 


1729. 


Aug.  27. 

Whitehall. 


of  inhabitants,  in  every  town,  to  these  Justices  he  delivers  the 
books  which  I  receiv'd  from  your  Office,  he  will  trouble  you 
with  the  receipts  when  they  are  all  deliver'd.  The  inhabitants 
seem  pleas'd  with  what  has  been  done,  and  indeed  I  hope  it 
will  be  of  service  to  the  Fishery.  There  is  this  year  great  plenty 
of  fish,  and  a  great  deal  of  good  weather  to  cure  it,  so  there  are 
no  complaints  but  want  of  ships  to  fetch  it  away.  Will  send 
scheme  of  fishery  when  complete  etc.  "  If  I  can  be  of  any  service 
to  you  in  my  voyage,  I  hope  you  will  be  so  good  as  to  command 
me  "  etc.  Signed,  Vere  Beauclerk.  Endorsed,  Reed.  12th, 
Read  16th  Sept.,  1729.  3  pp.  [C.O.  194,  8.  ff.  220-221t;.] 

884.  Mr.  Wheelock  to  Lt.  Governor  Pitt.  Acknowledges 
letter  of  30th  April  and  acquaints  him  with  the  Board's  letter 
of  July  16.  [C.O.  38,  8.  p.  148.] 


Aug.  27.        885.     Mr.  Wheelock  to  Mr.  Burchett.     Requests  copies  of 

Whitehall,     proposals    of  the    Council    of   Antigua    or   merchants   trading 

thither  concerning  fortifications  at  Antigua,  and  papers  relating 

to  assurances  given  by  the  merchants  to  the  Navy  Board  relating 

to  the  repair  thereof  etc.     v.  18th  Aug.     [C.O.  153,  15.     p.  30.] 


Aug.  28. 

Admiralty 
Office. 


886.  Mr.  Burchett  to  Mr.  Popple.  In  reply  to  preceding 
encloses  following  offered  as  inducements  for  the  Lds.  Commrs'. 
resolution  (v.  18th  Aug.).  Signed,  J.  Burchett.  En- 
dorsed, Reed.  28th  Aug.,  Read  2nd  Sept.,  1729.  1  p.  Enclosed, 
886.  i.  Speaker  of  Assembly  of  Antigua  to  the  Lords  Commis- 
sioners of  the  Admiralty.  Antigua,  28th  Feb.,  1727. 
The  Representatives  etc.  beg  leave  to  lay  before  your 
Lordships  the  natural  and  improved  advantages  of 
the  port  of  English  Harbour  etc.,  the  security  that 
may  attend  H.M.  ships  of  war  therein  and  a  protection 
thereby  given  this  and  H.M.  Leeward  Islands,  and 
European  trade  to  the  same.  H.M.  ships  of  the 
largest  size  may  in  our  most  tempestuous  weather 
ride  in  that  harbour  without  the  possibility  of  injury, 
and  by  the  assistance  of  a  wharf  already  made  may 
careen  and  refit  in  the  same  manner  they  can  in  any 
port  in  Great  Britain  without  the  use  of  a  dock  ; 
and  to  prevent  surprize  from  an  enemy  the  Legislature 
is  now  building  a  fort  to  command  the  entrance  etc., 
and  by  a  law  transmitted  for  H.M.  assent  hath  vested 
in  H.M.  for  the  use  of  H.M.  ships  and  the  said  harbour 
20  acres  of  land  contiguous  thereto,  that  such  store- 
houses and  hospitals  may  be  built  thereon  etc.  as  your 
Lordships  shall  judge  most  proper.  These  advantages 
we  are  perswaded  will  engage  your  Lordships  to 
comand  H.M.  ships  on  the  stations  of  Barbadoes 


AMERICA   AND   WEST  INDIES. 


173 


1720. 

and  Leeward  Islands  to  careen  and  refit  in  English 
Harbour  and  wait  the  hurricane  months  in  that  port, 
and  we  humbly  hope  etc.  in  case  of  a  war  with  France, 
to  send  us  a  number  of  ships  sufficient  to  protect  us 
against  the  power  of  so  near  neighbours  and  thereby 
enable  us  to  preserve  this  Island  which  is  the  only 
one  of  H.M.  Colonies  provided  by  nature  with  harbours, 
and  therefore  of  the  highest  consequence  to  the  trade 
and  Crown  of  Great  Britain  etc.  Signed,  Geo.  Thomas, 
Speaker.  Copy.  2^  pp. 

886.  ii.  An  account  of  what  the  Island  of  Antigua  have 
done  or  will  do  towards  perfecting  English  Harbour, 
(i)  Almost  completed  a  fort  which  will  cost  £900  Antegoa 
money  (£200  sterl.).  (ii)  Made  a  pond  for  fresh  water 
for  H.M.  ships  (£200  sterl.).  (iii)  Have  begun  a 
magazine  to  hold  3  or  400  barrels  of  powder  (£200  sterl.) 
(iv)  Given  25  acres  of  land  lying  round  the  harbour 
for  the  use  of  H.M.  (£250).  f  p. 

886.  iii.  Memorial  of  John  Yeamans,  Agent  for  Antigua,  to 
the  Lords  Commissioners  of  the  Admiralty.  July, 
1728.  Submits  above  considerations  and  prays  for 
orders  to  be  given  accordingly.  Copy.  1|  pp.  [C.O. 
152,  17.  ff.  90,  91-92,  93,  95,  95u.,  97i>.] 

Aug.  29.         887.     Lt.   Governor   Pitt  to  the   Duke   of  Newcastle.     To 
Bermuda,     same  effect  as  following.     Signed,  John  Pitt.      Endorsed,  R. 
30th  Sept.     1  p.     [C.O.  37,  29.     No.  7.] 

Aug.  29.  888.  Lt.  Gov.  Pitt  to  the  Council  of  Trade  and  Plantations. 
In  my  letter  of  July  llth  I  enclosed  several  coppys  of  the  Acts 
of  Assembly  made  here  since  my  arrivall  etc.  Encloses  duplicates 
and  of  some  made  in  the  late  Governour's  time,  with  Minutes 
of  Council  ever  since  his  arrival  etc.  Concludes  : — These  comes 
by  H.M.S.  Success  etc.  No  signature.  Endorsed,  Reed.  30th 
Sept.,  1729,  Read  22nd  July,  1730.  1  p.  [C.O.  37,  12.  ff. 
40,  48w.] 

Aug.  29.         889.     Governor   Montgomerie   to   the   Duke   of  Newcastle. 
New  York.     Abstract.     His  recommendation  of  Lt.  Andrew  Nicoll  for  the 

command  of  the  company  vacant  by  the  death  of  Major  Symes 

not  having  been  accepted,  he  recommends  him  for  Lt.  Captain. 

Signed,  J.  Montgomerie.     Endorsed,  R.  Aug.  23rd.     Holograph. 

2  pp.     Enclosed, 

889.  i.  Copy   of  following.     [C.O.    5,    1093.    ff.    120,    120i>., 


Aug.  29.         890.     Same    to    the    Council    of    Trade    and    Plantations. 
New  York.     Abstract.     Encloses  duplicate  of  Aug.  2  and  gives  an  account 


474  COLONIAL   PAPERS. 

1729. 

of  12  acts  passed  in  the  last  session  of  Assembly  of  New  York, 
(i)  To  revive  an  act  to  prevent  desertion  from  H.M.  forces  etc. 
(ii)  continuing  the  currency  of  bills  of  credit  struck  in  1720  etc. 
(iii)  continuing  the  act  to  farm  the  excise,  (iv)  continuing  the 
act  to  empower  the  Justices  living  in  Schenectady  to  regulate  the 
streets  and  highways  and  prevent  accidents  by  fire,  (v-vii)  acts 
for  laying  out,  regulating  etc.  publick  highways  in  Suffolk,  Ulster 
and  Albany  counties,  (viii)  ascertaining  the  allowances  of  Repre- 
sentatives in  Suffolk  County.  "  Every  County  of  the  Province 
is  by  some  act  or  other  obliged  to  pay  their  representatives, 
but  some  of  them  agree  before  hand  to  serve  for  nothing,  others 
make  bargains  at  a  rate  under  what  they  suppose  they  are 
authorized  to  demand.  Others  again  make  higher  demands, 
than  the  supervisors  of  the  county  think  they  are  intitled  to, 
some  demanding  ten  shillings  and  getting  it,  others  contenting 
themselves  with  six  shillings  because  they  can  get  no  more. 
In  this  county  of  Suffolk,  some  disputes  having  lately  arose 
about  their  Assembly  men's  wages,  upon  the  construction  of 
the  several  acts,  this  was  obtained  to  put  an  end  to  that  dispute  " 
etc.  (ix)  For  naturalizing  John  Frederick  Gunter  and  others. 
(x)  For  the  effectual  recovery  of  the  arrears  of  several  taxes  etc., 
and  for  securing  the  duties  on  slaves  not  imported  into  the  City 
of  New  York,  (xi)  Continuing  acts  for  discharging  the  present 
demands  on  the  trading  house  at  Oswego.  In  great  part  of  the 
same  nature  with  that  passed  last  year  etc.  "  The  expence  for 
the  maintenance  of  the  Garrison  is  reduced  to  a  pretty  good 
certainty  by  contracting  with  an  able  person  for  supplying  it 
etc.  By  this  prudent  provision,  if  the  arts  of  designing  men 
do  not  find  ways  to  illude  the  intentions  of  the  act,  the  furr 
trade  will  be  in  all  probability  vastly  encreased,  by  the 
encouragement  the  remote  nations  of  Indians  will  have  to 
bring  their  furrs  to  Oswego,  when  they  shall  be  informed  of 
the  protection  that  the  Government  has  given  them  against 
the  wonted  abuses  of  the  Handlers  or  Traders,  who  formerly 
wrested  their  furrs  from  them  and  then  obliged  the  poor  Indians 
to  take  what  they  were  pleased  to  give  them  "  etc.  (xii)  An 
act  for  raising  £730  etc.  Half  the  sum  is  laid  upon  the  town  of 
York,  because  that  place  is  supposed  to  reap  the  greatest 
benefit  of  the  Act  of  Parliament  thereby  intended  to  be 
obtained,  but  in  reality  the  whole  sum  designed  by  them  for 
the  obtaining  that  act  is  laid  upon  the  town,  besides  a 
proportion  for  the  other  services  mentioned  in  it.  With  this 
act  goes  a  memorial  to  the  Treasury  for  an  act  of  Parliament 
allowing  the  importation  of  foreign  salt  for  our  fishery,  (xiii) 
Act  for  licensing  hawkers  etc.  Signed,  J.  Montgomerie. 
Endorsed,  Reed.  Oct.  22nd,  Read  13th  Nov.,  1729.  6£  pp. 
Printed,  N.Y.  Col.  Doc.  V.  pp.  894-896.  [CO.  5,  1055. 
ff.  29-820.]. 


AMERICA   AND   WEST   INDIES.  475 


1729. 

Aug.  29.  891.  Same  to  Mr.  Delafayc.  Returns  thanks  for  most 
New  York,  obliging  letter  giving  fresh  proofs  of  his  friendship.  "  I  am 
very  sensible  that  My  Lord  Duke,  Mr.  Pelham  and  you  did 
all  you  could  for  me  in  this  affair  "  (the  disposal  of  the  Company) 
etc.  as  in  letter  to  D.  of  Newcastle  supra.  Signed,  J.  Mont- 
gomerie.  Endorsed,  R.  Oct.  31.  Holograph.  3  pp.  [C.O. 
5,  1086.  ff.  18-19.] 

Sept.  2.         892.     Mrs.    Dunbar    to    Mr.    Popple.     Encloses    following 
London.      received  yesterday,  in  absence  of  Mr.  Dunbar.     Signed,  Mary 
Dunbar.     Endorsed,    Reed.    3rd   Sept.,    1729,    Read   6th   May, 
1730.     |  p.     Enclosed, 

892.  i.  Jer.  Dunbar  to  Col.  David  Dunbar.  Boston,  July 
23rd,  1729.  Had  hoped  to  give  an  account  of  a  trial 
with  the  Province  of  Maine  for  2000  logs  and  3  masts 
seized  last  winter  etc.  The  Judge  of  the  Admiralty 
upon  our  information  above  a  month  ago  appointed 
this  day  etc.  The  Court  was  no  sooner  opened,  than 
the  noted  Dr.  Elisha  Cooke  began  to  harangue,  and 
said  that  tho'  he  did  not  claim  any  of  the  said  loggs, 
he  desired  to  be  heard  as  a  proprietor  in  that  Province, 
upon  which,  and  his  moveing  for  further  time,  upon 
account  of  the  lawyers  being  all  out  of  town,  the 
hearing  is  put  off  till  to-morrow.  This  ship  sails  to- 
morrow morning.  Continues : — I  have  too  much 
reason  to  apprehend  both  from  the  Judges'  infirmityes 
as  a  very  old  man,  and  his  great  interest  in  this  country, 
as  well  as  from  a  defect  in  the  Charter  which  obliges 
us  to  try  it  at  common  law,  and  in  the  act  of  the  8th 
of  King  George  wch.  only  prohibits  cutting  trees 
without  townships  wch.  we  are  to  try  in  the  Court  of 
Admiralty  ;  that  we  shall  have  it  given  against  us, 
and  without  there  is  some  further  provision  made 
both  for  the  preservation  of  the  timber  within  and 
without  the  townships,  it  will  not  be  in  our  power 
to  prevent  their  ruine.  Mr.  Slade  and  I  have  been 
as  active  as  possible  in  rideing  about  the  country  ever 
since  my  last ;  I  have  been  up  as  far  as  New  London, 
where  I  have  seen  very  little  timber  of  any  value 
except  white  oak  of  wch.  there  is  great  plenty,  both  in 
Connecticut,  and  the  Narraganset  country,  and  he  has 
been  continualy  backwards  and  forwards  in  Hamp- 
shire, and  the  Province  of  Maine  ;  marking  all  the 
trees  that  are  fitt  for  the  King's  use  and  deterring  the 
country  people  from  cutting  them,  as  soon  as  ever  the 
tryall  is  over  one  of  us  will  go  down  to  Cascoe  Bay, 
where  there  are  2  mast  ships  now  loading  and  the  other 
will  stay  in  Hampshire  etc.  Signed,  Jer.  Dunbar. 
Holograph.  3  pp.  [C.O.  5,  871.  J'f.  86,  87-88,  89i?.J. 


476 


COLONIAL   PAPERS. 


1729. 

Sept.  2.  893.  Council  of  Trade  and  Plantations  to  the  Committee 
Whitehall.  of  Privy  Council.  Reply  to  Aug.  31st.  The  charges  against 
Depty.  Governor  Sir  Richard  Everard  being  of  so  high  and 
heinous  a  nature,  with  respect  to  H.M.  royal  person  and 
government  etc.  but  no  proofs  having  been  transmitted,  propose 
that  the  Governor,  who  will  presumably  soon  be  nominated 
for  N.  Carolina,  be  directed  to  make  strict  enquiries  into  the 
truth  of  them,  that  exemplary  justice  may  be  done  etc.  Printed, 
N.C.  Col.  Rec.  III.  31  ;  and  A.P.C.  III.  p.  248.  [C.O.  5, 
1294.  pp.  5-7]. 

Sept.  5.         894.     H.M.  license  (by  Queen  Caroline)  to  fell  trees  in  N.E.  in 
Kensington,    pursuance  of  following  contract  to  bring  over  9  ship  loads  of  masts 
etc.,  etc.  as  July  14.     Countersigned,  Holies  Newcastle.     Annexed, 
894.  i.  Contract  of  H.M.   Commissioners  of  the  Navy  and 
Ralph  Gulston,   4th  April,   1726,  referred  to  in  pre- 
ceding.    Copy.     [C.O.   324,    36.     pp.    131-149]. 

Sept.  6.  895.  Governor  Hunter  to  the  Council  of  Trade  and  Planta- 
Jamca.  tions.  Acknowledges  receipt  of  letter  of  27th  May  and  H.M. 
approbation  of  the  three  Acts  therein  mentioned.  Continues  : — 
I  think  these  Acts  a  good  foundation  for  the  future  security 
and  strength  of  this  Island,  if  we  are  not  very  speedily  disturb'd. 
Encloses  three  Acts  passed  in  the  last  short  session  of  Assembly 
vizt.  (i)  An  Act  to  inlarge  the  time  for  the  better  raising  and 
collecting  the  deficiency  and  poll  tax  in  such  parisfies  as  have 
omitted  doing  the  same  ;  (ii)  for  the  more  effectual  collecting  the 
outstanding  publick  debts.  These  want  no  observations,  (iii) 
to  prevent  dangers  that  may  arise  from  disguised  as  well  as  declared 
Papists.  Tho'  the  preamble  to  this  Act  setts  forth  briefly 
the  necessity  of  it,  I  must  observe  that  although  the  evil  which 
this  act  is  intended  to  guard  against  be  of  an  antient  date,  as 
appears  by  a  letter  of  Sir  W.  Beeston  etc.  and  some  attempts 
made  to  have  such  a  law  pass'd,  yet  it  could  not  be  carry'd 
through  till  this  juncture,  when  the  necessity  of  such  a  law  was 
by  many  instances  self-evident.  Our  Militia  consisting  cheefly 
of  hir'd  or  indented  servants  and  these  for  much  the  greatest 
part  of  the  native  Irish  by  their  backwardnesse,  mutinys  and 
desertion  damp'd  or  rather  destroy'd  the  hopes  I  had  of  their 
assistance  in  the  defence  of  the  country.  But  Mr.  Loughton 
the  Master  of  the  Plymouth  having  inform'd  his  Capt.  and  then 
me  of  a  discourse  he  overheard  whilst  standing  at  the  door  of 
a  punch  house  at  Port  Antonio  which  was  full  of  the  Militia 
men,  to  this  purpose,  that  they  had  no  quarrel  with  the  Spaniard 
and  would  not  fight  against  them,  but  not  being  able  to  know 
or  distinguish  the  persons  holding  such  discourse,  I  had  no 
remedy  but  to  declare  publickly  next  day  that  in  case  of  an 
attempt  of  the  Spaniard  to  land  there,  I  would  order  a  reserve 
of  negroes  in  the  rear  to  knock  down  any  man  who  should 


AMERICA   AND   WEST   INDIES.  477 

1729. 

desert  or  five  from  his  ranks,  a  poor  one,  but  all  that  was  in 
my  power.  Colo.  Foster  a  gentleman  of  the  greatest  estate 
in  this  Island  publickly  told  me  that  the  Irish  of  his  Regiment 
which  make  a  great  part  of  it  had  declar'd  to  the  same  purpose, 
that  they  would  not  fight  against  the  Spaniard.  The  conduct 
of  the  heads  of  that  Faction,  who  ev'n  before  my  arrivall  had 
disclosed  an  avertion  to  me,  and  who  have  ever  since  sett 
themselves  against  ev'rything  propos'd  or  offer'd  for  the  publick 
safety  makes  me  believe,  what  I  was  indeed  told,  that  their 
plott  was  much  deeper  then  I  imagin'd.  I  ha^e  undoubted 
proof  of  a  correspondence  from  hence  with  the  Govr.  of  Havana 
tho'  I  have  not  as  yet  been  able  to  discover  the  persons.  I 
shall  only  mention  the  offers  that  have  been  made  of  peopling 
Port  Antonio  and  the  adjacent  country  from  that  country 
(Ireland)  as  well  as  other  schemes  for  introducing  greater 
numbers  of  such  into  this  Island  having  discourag'd  and  defeated 
such  projects.  My  Lords  laying  these  instances  together, 
which  I  think  sufficient  for  I  could  give  you  many  more  I 
perswade  myself  that  yr.  Lops,  will  approve  of  this  Act  and 
recommend  it  to  H.M.  for  his  Royal  assent.  They  talk  of  a 
purse  or  contribution  here  to  solicet  at  home  against  it.  I 
apprehend  little  from  that.  But  as  it  pass'd  the  Assembly 
and  Council  but  with  one  dissenting  vote  (one  of  the  Kellys) 
the  other  mark'd  as  dissenting  having  only  declin'd  his  vote 
because  he  had  not  been  present  at  the  debates  on  the  readings 
of  the  bill,  the  damning  (as  they  phrase  it)  of  this  Act  may  be 
attended  with  consequences  which  I  dare  hardly  think  of. 
Your  Lordships  will  also  receive  with  this  the  Minutes  of  Council 
and  Assembly  if  they  can  possibly  be  got  ready  before  this  ship 
goes.  I  beg  leave  to  put  yr.  Lops,  in  mind  of  the  explanatory 
Act  for  setling  Port  Antonio.  That  settlement  is  in  a  very 
promiseing  way,  and  the  Fort  there  cary'd  on  a  great  way. 
I  sent  imperfect  sketches  to  Mr.  de  la  Fay  of  the  harbours  and 
fort.  The  Ingineer's  indisposition  has  put  it  out  of  my  power 
to  send  yr.  Lops,  more  perfect  ones  as  I  had  intended.  The 
hurry  the  Assembly  was  in  to  get  home  to  their  private  affairs 
oblig'd  them  to  proceed  no  further  then  resolves  and  votes  of 
credit  for  perfecting  the  whole,  in  this  session,  which  yr. 
Lops,  will  find  in  their  Minutes.  I  shall  trespasse  no 
further  on  yr.  Lops,  patience  at  this  time,  but  to  assure 
you  that  in  our  present  slippery  situation  and,  I  find,  still 
doubtfull  state,  I  shall  do  my  best  for  H.M.  service  etc.  Signed, 
Ro.  Hunter.  Endorsed,  Reed.  20th  Dec.,  1729,  Read  17th 
Feb.,  17fg.  4|  pp.  Enclosed, 

895.  i.  Minutes  of  Council  of  War.     St.  Jago  de  la  Vega, 
30th  June,  1729.     Same  endorsement.     Copy.     2%  pp. 

895.  ii.  Extract  of  letter  from  Lt.  Gov.  Sir  W.  Beeston,  23rd 
June,  1694.    v.  C.S.P.    No.  1236.  i.    Same  endorsement. 
[C.O.  137,   18.    ff.  53-55,   56i>.-59i\,  60t>.]. 


478 


COLONIAL   PAPERS. 


1729. 
Sept.  6. 

Jamca. 


Sept.  7. 

Virginia. 
Wme.  burgh. 


896.  Governor  Hunter  to  the  Duke  of  Newcastle.  On  the 
17th  of  this  month  [sic]  I  had  the  honour  of  your  Grace's  letter 
of  17th  June  etc.  The  embargo  was  taken  off  on  29th  May  etc. 
Continues : — At  the  time  of  the  imbargo,  few,  if  any,  were 
loaded  or  ready,  all  such  as  were  so,  which  was  but  a  small 
number  and  chiefly  Bristol  ships  having  sailed  on  the  22nd  of 
March,  so  the  great  Fleet  must,  barring  accidents,  have  got 
home  near  to  the  usual  time.  I  assure  your  Grace  I  gave 
no  unnecessary  alarm.  By  the  laws  of  the  countrey,  nothing 
cfcn  be  done  effectually  for  its  defence  but  by  the  means  of 
Martial  Law  to  be  publisht  by  the  advice  of  a  general  Council 
of  War,  which  cannot  be  a  secret ;  I  went  everywhere  alone 
and  without  ceremony  where  the  service  required  me,  and 
never  communicated  that  part  of  your  Grace's  letter  which  I 
was  commanded  to  impart  to  St.  Lo  alone,  to  any  man  living  ; 
that  gentleman  was  at  that  time  on  his  death  bed  and  incapable 
of  either  reading  or  writing  ;  the  traders  themselves  will  do  me 
the  justice  to  testify  the  regard  and  tenderness  I  have  ever 
shewn  for  that  interest,  which  I  shall  ever  cherish.  I  had  the 
honour  to  write  to  your  Grace  lately  of  our  weakness  here, 
which  I  am  afraid  is  but  too  publick.  The  indented  servants 
are  rather  a  drawback  than  addition  to  our  strength,  etc.  Refers 
to  enclosed  copy  of  preceding  letter.  Continues  : — The  few  stores 
H.M.  goodness  has  sent  us  are  safe  arrived  and  will  be  usefull. 
I  had  provided  what  I  could  here.  Could  we  but  have  the  iron 
work  for  carriages  from  the  Ordnance,  we  can  provide  timber 
and  workmanship  here.  Fort  George  at  Port  Antonio  is  going 
on  with  all  the  dispatch  I  can  give  it,  having  votes  of  credit 
for  that  purpose  etc.  Signed,  Ro.  Hunter.  Endorsed,  R. 
Nov.  10th.  2f  pp.  Enclosed, 

896.  i.  Copy  of  No.  895.  .  [C.O.  137,  53.    ff.  170-174.]. 

897.  Lt.    Governor  Gooch  to  the   Council   of  Trade   and 
Plantations.      Encloses   list   of  public   officers   omitted   in   his 
last.     Continues : — The   list  of  the   Militia   I   cannot  yet  get 
compleated.     The  excessive  rains  which  have  fallen  this  summer 
have  greatly  damaged  the  crops  of  tobacco  ;   and  it  is  generally 
believed  that  the  quantity  will  not  only  be  lessened,  but  that 
even  what  is  made  will  prove  very  indifferent.     As  the  planters 
and  overseers  never  faile  to  packe  up  the  very  worst  they  make, 
whenever  their  crops  fall  short,  it  is  the  wish  of  the  trading 
men  and  of  the  most  judicious  planters  themselves,  that  such 
an  inspection  was  established  as  I  lately  had  the  honour  to 
send  to  your  Lordships,  being  sensible  that  no  diminution  of  the 
quantity  will  avail  to  raise  the  price  of  tobacco  without  a  due 
care  to  prevent  the  exportation  of  trash  ;    and  that,  on  the 
other  hand,  let  the  crops  be  never  so  plentiful,  that  tobacco 
which  is  really  good  will  always  meet  a  ready  sale  and  an 
encouraging  price,     But  the  misfortune  is,  that  the  majority 


AMERICA   AND   WEST   INDIES.  479 

1729. 

of  the  House  of  Burgesses,  having  other  views,  are  otherwise 
minded  :  and  therefore  I  should  be  glad  to  receive  your 
Lordships'  sentiments  on  the  scheme  I  have  laid  before  your 
Lordships  as  speedily  as  your  Lordships'  other  important 
affairs  will  allow,  for  I  can't  think  of  calling  an  Assembly,  untill 
I  can,  if  nothing  else  is  done  in  England,  press  them  by  particular 
authority  to  come  into  a  regulation  of  their  trade,  which  I  am 
convinced  is  so  much  for  the  interest  of  the  Crown,  and  will  be 
for  the  advantage  of  the  Colony.  I  can't  help  observing  to 
your  Lordships  the  great  odium  I  am  like  to  bring- upon  myself 
by  this  work  of  reformation  :  and  this  I  was  very  sensible  of 
when  I  first  sett  out,  but  nothing  of  that  sort,  nor  anything 
else,  shall  ever  divert  me  from  doing  my  duty  etc.  Signed, 
William  Gooch.  Endorsed,  Reed.  4th  Nov.,  1729,  Read  12th 
March,  1731.  Holograph.  If  pp.  Enclosed, 

897.  i.  List  of  Officers  in  Virginia  in  1729.  Endorsed,  Reed. 
4th  Nov.,  1729.  14  large  pp.  [C.O.  5,  1322.  ff. 
124,  1240.,  125z;.-133i;.,  135t;.] 

Sept.  7.  898.  Lt.  Governor  Wentworth  to  the  Council  of  Trade  and 
Portmo'  in  Plantations.  Announces  death  of  "  our  incomparable 
few  England  Qovernour  "  on  the  5th  inst.  etc.  He  was  greatly  honoured 
and  beloved  in  this  Province,  which  "  has  lost  a  good  friend, 
just  beginning  to  lay  ye  state  of  the  Province  before  your 
Lordships  in  order  for  a  settlement  of  the  line  between  the 
two  Governments  so  long  depending.  He  was  convinced  of  the 
Massachusets  unreasonableness  to  us,"  etc.  Continues : — In 
obedience  to  the  King's  Instructions  to  Governour  Burnet 
relating  a  settled  salary  we  concur'd  with,  tho'  this  Province 
is  not  above  one  twelfth  part  so  big  as  the  Massachusets 
Governmt.  is,  and  we  actually  pay  one  fifth  part  as  much, 
however  we  do  it  chearfully  because  our  King  has  given  his 
Governour  such  a  Instruction.  I  hope  our  loyalty  will  be 
rewarded.  This  Governmt.  would  increase  more  in  two  years 
if  the  line  was  settled  then  it  will  in  ten  years,  as  it  now  lyes. 
I  suppose  Governr.  Burnet  has  or  did  intend  to  give  your 
Lordships  an  account  of  their  usage  to  a  place  called  London 
Derry,  a  settlement  of  about  ten  years  standing.  The  people 
were  out  negotiating  their  affairs,  and  there  came  up  seventy 
or  eighty  men  armed  with  their  musquets,  drove  them  away 
from  their  busieness.  This  was  done  by  Haverhill  men,  there 
was  severall  men  wounded  on  boath  sides,  it  was  thot  two  was 
mortally  wounded.  Those  poor  North  Brittains  had  mowed 
their  meadows  for  seven  or  eight  years  and  lay  between  eight 
and  nine  miles  to  the  northward  of  Merrimack  river,  so  that  the 
Massachusets  may  as  justly  lay  claim  to  this  town  of  Portsmouth 
etc.  They  have  come  up  in  the  night  and  taken  men  from 
London  Derry  out  of  their  houses  without  any  warrant,  and 
carried  them  before  a  Massachusets  Justice  and  he  has  com- 


480 
1729. 


COLONIAL   PAPERS. 


mitted  them.  In  fine  My  Lords,  they  are  vastly  in  numbers 
more  then  we  are,  which  is  the  reason  they  use  us  thus. 
We  mad  an  agreemt.  between  the  two  Governmts.  that  all 
prosses  should  cease  and  all  things  stand,  till  ye  line  be  settled. 
This  agreement  was  made  some  time  in  April!  last.  Wee  have 
strictly  kept  to  it,  and  they  have  broke  in  upon  us  severall 
times.  Wee  made  our  complaint  to  Governr.  Burnet  about 
twenty  dayes  past,  who  appointed  a  Committee  to  inspect  into 
the  affair  ;  but  suppose  all  will  drop  now,  therefore  pray  your 
Lordships  favour  that  the  line  may  be  settled  in  such  manner 
as  your  Lordships  shall  in  your  great  wisdom  think  proper  etc. 
Signed,  W.  Wentworth.  Endorsed,  Reed.  Read  Oct.  23rd, 
1729.  3  pp.  [C.O.  5,  870.  ff.  279-280u.] 


Sept.  7.         899.     Extract  from  preceding  letter. 
No.  17]. 


p.     [C.O.  5,  931. 


Sept.  9.          900. 


Kensington,     report 

Island 


Duke  of  Newcastle  to  Governor  Hunter.  Encloses 
of  Board  of  Trade  on  the  purchase  of  Lynch's 
and  concludes,  it  is  H.M.  pleasure  that  you  do, 
according  to  their  advice,  recommend  to  the  General  Assembly 
of  Jamaica  to  pass  an  Act  for  vesting  the  20  acres  referred  to 
in  the  Crown  without  limitation,  and  to  make  satisfaction  to 
such  persons  already  settled  there  (if  any  such  there  be)  whom 
it  may  be  necessary  on  this  occasion  to  remove.  Countersigned, 
Holies  Newcastle.  Annexed, 

900.  i.   Copy  of  No.  866,  q.v.     [C.O.  324,  36.     pp.  150-155.] 


Sept.  9.         901.     Duke   of  Newcastle   to  Governor   Hunter.     Draft  of 
Kensington,    preceding.     Signed,  Holies   Newcastle.     If  pp.     [C.O.  137,  53. 
ff.  176,  176o.] 


Sept.  14. 

St.  Chris- 
tophers. 


902.  Lt.  General  Mathew  to  the  Council  of  Trade  and 
Plantations.  The  Earl  of  Londonderry  etc.  dyd  here  the  12th 
inst.  His  Lordship's  papers  have  not  yet  been  examin'd  by 
his  executor,  so  that  I  know  not  what  he  might  have  had  in 
command  from  your  Lordships.  In  few  days,  I  shall  have 
such,  if  any  there  be  unobeyd,  deliver'd  to  me,  which  I  shall 
punctually  perform  etc.  Signed,  William  Mathew.  Endorsed, 
Reed.,  Read  19th  Nov.,  1729.  Holograph.  1  p.  [C.O.  152, 
17.  ff.  104,  W5v.  ;  and  239,  1.  No.  39.] 


Sept.  14. 

St.  Chris- 
tophers. 


903.  Same  to  the  Duke  of  Newcastle.  Announces  death 
of  Lord  Londonderry  as  preceding,  and  begs  for  his  recom- 
mendation for  the  Governorship.  "  I  have  been  in  the  second 


AMERICA   AND   WEST   INDIES.  481 

1729. 

post  of  this  Government  fourteen  years,  twice  it  has  been 
vacant,  and  I  as  often  fail'd  of  the  succession  "  etc.  Signed, 
William  Mathew.  Endorsed,  R.  18th  Nov.  1  p.  [C.O.  152, 
43.  ff.  51,  520.] 

[Sept.  15.]  904.  Lt.  Governor  Dummer  to  the  Duke  of  Newcastle. 
I  think  it  my  duty  by  this  first  opportunity  to  give  your  Grace 
the  sad  account  of  the  death  of  H.  E.  William  Burnett  etc. 
He  dyed  at  Boston  after  a  week's  illness  of  a  fever  ;  which 
soon  threw  him  into  a  delirium  that  continued  with  but  short 
intervalls  till  his  death.  I  was  at  my  house  above  30  miles 
from  Boston  whither  the  Secretary  sent  me  advice  of  this 
sudden  change,  and  thereupon  immediately  repaired  to 
Cambridge  where  the  General  Court  was  then  sitting,  and 
qualified  myself  by  taking  the  oaths  appointed  for  the  admin- 
istration of  the  Government  thus  devolved  upon  me  ;  and 
after  passing  an  Order  for  the  charges  of  the  Governor's 
funeral,  which  was  accordingly  solemniz  the  12th  inst.  in  a 
manner  suitable  to  his  station  at  the  publick  expence,  I 
adjourned  the  Court  to  the  next  Tuesday.  I  am  not  apprized 
how  far  H.E.  had  informed  your  Grace  of  the  proceedings  upon 
the  late  Order  in  Council  referring  to  H.M.  23rd  Instruction. 
I  have  therefore  inclosed  the  votes  of  the  last  Session  which 
contain  the  whole  of  that  affair ;  I  would  only  add  to  what 
is  in  the  papers,  that  upon  a  division  of  the  House,  when  the 
vote  was  put  for  settling  a  salary  during  the  Governour's  time, 
there  was  but  18  yea's  and  54  noes,  so  that  I  cannot  see  the 
least  prospect  of  having  the  matter  done  here ;  yet  as  I 
apprehend  that  my  duty  to  H.M.  obliges  me  to  use  my  best 
endeavours  that  His  orders  be  obeyed,  I  shall  press  the 
Assembly  at  our  next  meeting  on  this  point.  I  shall  at  no 
time  omitt  my  duty  to  inform  your  Grace  of  every  important 
affair,  and  in  all  things  faithfully  conform  myself  to  the  King's 
Instructions,  and  to  the  utmost  of  my  power  promote  H.M. 
interest  and  honour,  and  the  good  of  the  people  of  this  Province  ; 
whilst  H.M.  shall  be  pleased  to  continue  me  in  the  command. 
I  have  thought  fit  to  drop  the  let-passes,  inasmuch  as  I  cannot 
find  an  Act  of  Parliament  or  Assembly,  by  which  I  can  require 
them  to  be  taken  out  upon  a  refusal  of  the  merchants  ;  some 
of  whome  I  understand  have  for  some  time  past  determined 
rather  to  let  their  vessells  lye  than  take  them  out.  Signed, 
Wm.  Dummer.  Without  place  or  date.  Endorsed,  R.  4th  Nov., 
1729.  The  original  and  the  votes  of  the  Assembly  inclosed 
were  sent  to  the  Council  Office,  Nov.  5,  1729.  Copy.  2|  pp. 
[C.O.  5,  752.  No.  43 ;  and  (duplicate,  not  verbatim,  dated 
Sept.  7,  and  endorsed,  R.  19th  Nov.),  5,  898.  No.  59.] 

Sept.  15.         905.     Same    to    the    Council    of    Trade    and    Plantations. 
Boston.       Repeats  gist  of  preceding.     Signed,  Wm.  Dummer.     Endorsed, 

C.P.XXXVI— si 


482 


COLONIAL   PAPERS. 


1729. 


Reed.  4th,  Read  6th  Nov.,  1729. 
5,  870.    ff.  285,  285u.,  286u.] 


Holograph.     If  pp.     [C.O. 


[Sept.  22].  906.  Memorial  of  John  Anderson  of  St.  Christophers, 
Clerk,  to  the  Council  of  Trade  and  Plantations.  By  an  act 
for  regulating  vestries  passed  in  1723,  part  of  the  former  French 
lands  was  erected  into  a  distinct  parish  called  St.  George 
Basseterre.  Soon  afterwards  memorialist  was  upon  the  petition 
of  the  inhabitants  presented  to  serve  as  rector,  which  he  did 
till  10th  March,  1728,  when  his  parish  was  forcibly  taken  from 
him.  By  an  Act  for  regulating  vestries  passed  in  Dec.  1727,  a 
new  division  was  made  of  all  the  parishes  and  two  new  ones 
erected,  and  in  particular  a  great  part  of  the  parish  of  St. 
George  Basseterre  was  pared  away  and  erected  into  a  new 
parish  by  the  name  of  St.  Peter  Basseterre,  to  which,  tho' 
greatly  detrimental  to  him,  memorialist  submitted  quietly. 
But  upon  pretence  that  the  former  act  was  repealed,  the  Lieut. 
General  of  the  Leeward  Islands,  Mr.  Mathew,  the  minute  it 
was  re-erected  into  a  parish,  presented  the  Rev.  Mr.  Walter 
Thomas  both  to  that  and  to  the  other  aforesaid  parish  of  St. 
Peter  Basseterre,  altho'  he  had  two  other  livings  in  the  island 
etc.,  and  required  memorialist  in  a  menacing  manner  upon  a 
few  days  warning  to  resign  his  church  to  Mr.  Thomas,  and 
on  the  next  Sunday,  10th  March,  came  himself  in  person  and 
forcibly  gave  possession  to  Mr.  Thomas.  He  does  not  think 
that  the  Act  intended  to  deprive  him  of  his  rightful  property 
and  freehold,  and  prays  to  be  heard  by  Counsel  upon  the  two 
acts  which  now  lie  before  the  Board  etc.  Endorsed,  Reed.  22nd 
Sept.  1729,  Read  24th  March  173f  2  pp.  Enclosed, 

906.  i.  Act  of  Antigua,  1727,  for  regulating  vestries  and 
erecting  parishes  in  Basseterre,  and  repealing  the  Act 
of  1723  etc.  Endorsed,  Reed.  22nd  Sept.,  1729.  Copy. 
7  pp. 

906.  ii.  Governor    Hart's    institution    of    the     Rev.     John 

Anderson  to  be  Minister  of  St.  George  Basseterre  etc., 
23rd  April,  1723.  Same  endorsement.  1  p.  [C.O. 
152,  19.  ff.  33,  33v.,  34*;.,  35,  36,  37,  38,  39,  40,  41, 
4lv.,  42,  43u.] 

Sept.  23.         907.     Council  of  Trade  and  Plantations  to  the  King.     In 
Whitehall,    reply  to  18th  Aug.,  offer  for  confirmation  Act  of  Antigua  to 

invest  certain  lands  in  H.M.  etc.    and  enclose  following,     (cf. 

A.P.C.  III.     p.  250.)     Enclosed, 

907.  i.  Draft  of  Additional  Instruction  to  Governor  the  Earl 

of  Londonderry  as  directed  Aug.  18.  [C.O.  153,  15. 
pp.  31-36.] 

Sept.  24.  908.  Lt.  General  Mathew  to  Mr.  Popple.  Your  letter  of 
St.  Chris-  24th  July  on  Lord  Londonderry's  being  dead  was  delivered  to 
tophers.  me  e^c  jjjs  Lorclship's  death  puts  an  end  to  all  difficultys  on 


AMERICA   AND   WEST   INDIES. 


483 


1729. 


Sept.  27. 

Barbados. 


his  acts  of  settlement.  As  to  Mr.  Smith's  and  Mr.  Douglass's 
being  plac'd  by  his  Lordship  at  the  Council  Board,  I  presume 
his  Lordship  intended  Mr.  Smith  in  the  place  of  Mr.  Willett, 
who  could  not  be  prevaild  with  to  continue  in  the  Council, 
and  Mr.  Douglass  in  the  room  of  John  Bourryeau  Esq.  deed. 
Here  is  now  another  vacancy,  by  Col.  Phipps  retiring,  upon 
their  Lordships'  deciding  the  controversy  of  precedence  between 
him  and  Joseph  Estridge  Esq.  in  favour  of  the  latter.  William 
McDowall,  Peter  Soulegre,  Charles  Pym,  Edward  Mann  and 
James  Milliken  Esqrs.,  are  all  in  Europe.  So  that  we  have 
but  just  five  Councillors  here  beside  myself,  which  is  but  just 
a  Board,  of  these  Mr.  Garnett  is  now  laid  up  with  the  gout, 
and  is  very  often  so,  and  we  can  meet  neither  House  to  do 
business.  There  is  too  a  bill  depending  in  the  Council  by 
their  Lordships'  recommendation  to  amend  the  Court  act  in 
favour  of  Wavell  Smith  Esq.,  to  this  the  Chief  Judge  has 
petitioned  (in  Lord  Londonderry's  time)  to  be  heard  by  his 
Council,  before  it  pass'd,  and  his  Lordship  allow'd  he  should. 
As  Mr.  Smith  is  concern'd,  he  cannot  be  one  of  his  Judges, 
and  in  this  case  must  retire  from  the  Board,  and  then  there 
will  not  be  a  Council.  I  beleive  in  this  necessity  I  must  appoint 
at  least  one  Councillor,  under  their  Lordships  and  H.M.  appro- 
bation. My  brother  Col.  Burt  being  remov'd  by  their  Lordships 
from  this  Board,  I  shall  not  presume  to  place  him  there  again. 
He  has  been  pretty  much  mortifyd  at  being  under  their  Lord- 
ships' displeasure,  who  have  thought  fitt  to  turn  him  out  of 
the  Council  of  an  island  he  has  been  wholly  settled  in  these 
six  years,  and  yet  continue  him  in  the  Council  of  Nevis,  where 
he  does  not  go  for  above  a  week  in  a  year,  to  look  to  his  estate 
there.  But  submitts  with  all  duty  to  their  Lordships'  will. 
Signed,  William  Mathew.  Endorsed,  Reed.  27th  Nov.,  1729, 
Read  13th  Oct.,  1730.  2j  pp.  [C.O.  152,  18.  ff.  7-8u.] 

909.  Governor  Worsley  to  the  Duke  of  Newcastle.  The 
conduct  of  the  people  of  this  island  is  much  the  same  in  relation 
to  the  2s.  Qd.  tax,  as  when  I  had  the  honour  of  writing  15th 
June  etc.,  tho'  they  are  not  so  violent  as  they  have  been,  waiting 
to  be  set  right  by  H.M.  order  in  Council,  whether  the  law  for 
supporting  the  Government  etc.  be  in  force,  or  not :  however 
the  inhabitants  of  three  of  the  eleven  parishes,  whose  repre- 
sentatives have  return'd  their  lists  of  negro's  heads  have  paid, 
and  the  seventeen  other  Members  of  the  Assembly  have  been 
lately  levied  on  for  their  forfeitures,  and  penalties,  for  not 
returning  their  lists  by  the  12th  of  April  last,  as  well  as  the 
vestry -men  of  the  two  towns,  that  of  St.  Michael's  for  not  laying 
the  apportionment,  the  other  of  Speights,  for  not  returning  it, 
tho'  they  had  laid  it.  But  as  they  refused  paying  the  money, 
when  executions  were  issued  against  them,  their  goods  as  the 
law  directs,  have  been  levied  on,  and  sold  by  the  Constables, 


484 


COLONIAL   PAPERS. 


1729. 


Sept.  29. 


Sept.  30. 

Whitehall 
Treasury 
Chambers. 


Sept.  30. 

Whitehall. 


but  they  were  bought  by  each  other,  or  their  friends,  and  they 
have  given  security  to  the  Treasurer  to  pay  him  the  money, 
whenever  H.M.  Order  in  Council,  that  the  law  is  in  force  shall 
arrive,  and  by  their  not  returning  their  lists  they  think  to  save 
the  inhabitants  of  their  parishes  their  tax,  in  order  to  get  their 
votes  on  the  ensueing  election  of  the  Assembly  men,  for  after 
the  first  of  the  next  month,  no  executions  can  be  issued  to 
compel  any  person  to  pay  his  tax,  for  they  say,  by  paying  their 
forfeitures  for  not  giving  in  their  lists  by  the  12th  of  April  last, 
they  are  not  lyable  to  any  punishment,  if  they  do  not  give  them 
in  afterwards,  nor  that  others  who  have  not  given  in  their 
negro's  are  obliged  to  pay  for  them,  thus  H.M.,  if  there  be  no 
remedy,  may  be  defrauded  of  his  revenue  by  the  fault  of  his 
officers,  who  ought  to  be  aiding  and  assisting  in  the  collecting 
it.  As  the  last  Assembly  expired  in  July  last,  I  did  not  think 
proper  considering  the  confusion  the  island  had  been  in  to 
call  a  new  one,  till  I  had  the  honour  of  receiving  H.M.  commands 
in  relation  to  the  law,  but  I  shall  not  defer  it  any  longer,  for  as 
the  Excise  act  expires  the  26th  Nov.  next,  I  shall  take  care, 
that  that  branch  of  H.M.  revenue  shall  not  be  lost,  or  lessened 
thro'  my  fault,  and  therefore  I  design  to  issue  new  writts  very 
soon  for  the  election  of  a  new  one,  that  they  may  not  want 
time,  for  the  passing  of  an  Excise  bill  for  the  ensueing  year  etc. 
Encloses  Minutes  of  Council,  March,  1728 — 18th  July,  1729, 
of  Assembly  3rd  June — 8th  July,  of  the  Grand  Sessions,  10th — 
12th  June,  Court  of  Chancery  to  9th  July,  and  copy  of  an  act, 
passed  8th  July,  for  the  better  finishing  etc.  the  magazines  at  St. 
Ann's  Castle,  and  building  a  town-hall,  and  goal  in  the  town  of 
St.  Michaels  etc.  Signed,  Henry  Worsley.  3  pp.  Enclosed, 

909.  i.  Proceedings  of  Court  of  Chancery,  Barbados,  March 
20— Dec.  18,  1728.     13  pp. 

909.  ii.  Proceedings  of  Court  of  Chancery,  Barbados,  22nd 
Jan.— 9th  July,  1729.     7  pp. 

909.  iii.  Proceedings  of  Court  of  Oyer  and  Terminer,  10th- 

12th  June,  1729.  7  pp.  [C.O.  28,  45.  ff.  66-73 
(covering  letter  and  enclosure  i.  only) ;  and  (enclosures 
only)  33,  27.  Nos.  11-13.] 

910.  Petty  expenses  of  the  Board  of  Trade,  Midsummer  to 
Michaelmas,     (v.  Journal).     5  pp.     [C.O.  388,   79.     Nos.  50- 
52.] 

91 1 .  Treasury  Minute.     Upon  letter  of  the  Board  of  Trade, 
Feb.  last,  the  Lords  Commissioners  allow  payments  to  Widow 
of  Samuel  Clark  etc.     (v.  Sept.  3,  1728).     Endorsed,  Read  30th 
Dec.,  1729.     |  p.     [C.O.  388,  79.     No.  53.] 


912.     Council  of  Trade  and  Plantations  to  the  Lords  Com- 
missioners   of    the    Treasury.       Request    payment    of  .  Office 


AMERICA  AND.  WEST   INDIES. 


485 


1729. 


Oct.  1. 

Whitehall. 


Oct.  1. 

Whitehall. 


Oct.  1. 
Oct.  1. 


Oct.  2. 

Canso. 


expenses  and  Officers'  Salaries  for  quarter  ending  Michaelmas. 
Account  annexed.     [C.O.  389,  37.     pp.  304,  305.] 

913.  Council   of  Trade  and   Plantations   to   the   Duke   of 
Newcastle.     Tho'  your  Grace  may  be  already  appris'd  of  the 
undutifull  manner  in  which  the  Assembly  of  the  Massachusets 
Bay  persist  in  their  refusal  to  settle  a  fixt  salary  on  their 
Governor,  which  had  been  so  often  recommended  by  the  Crown  ; 
yet  as  this  is  an  affair  of  very  great  consequence,  and  will 
probably   fall   under   a   Parliamentary  consideration  the  next 
Session  ;    we  thought  it  proper  to  transmit  to  your  Grace,  the 
copy  of  a  letter  we  have  lately  receiv'd  from  Mr.  Burnet  together 
with  a  printed  copy  of  the  votes  of  the  sd.  Assembly  for  your 
Grace's  information  etc.     [C.O.  5,  916.     p.  206.] 

914.  Council  of  Trade   and   Plantations   to   the   Duke   of 
Newcastle.     Enclose  drafts  of  warrants  for  use  of  new  seals 
for   Barbados,   Jamaica,   Virginia  and   Carolina   etc.   (cf.    18th 
Aug.).     Autograph    signatures.     1    p.     [C.O.    5,    4.     No.    38  ; 
and  29,  15.     p.  115.] 

91 5.  Draft  of  H.M.  Warrant  to  Governor  Hunter  for  using 
the  new  Seal  of  Jamaica.     [C.O.  138,  17.     pp.  280,  281]. 

916.  Similar  draft  for  Barbados.     [C.O.  29,  15.    pp.  116, 
117.] 

917.  Governor     Philipps     to     the     Duke     of    Newcastle. 
Announces  his  arrival  in  the  latter  end  of  June,    "  whereto, 
both  my  desire  and  duty  had  carry'd  me  sooner,  but  for  want 
of  such  powers  and  instructions  as  I  then  thought,  and  doe 
still  presume  to  think  quite  necessary  to  procure  the  settlement 
and  security  of  this  Province."     Continues : — It  is  now  with 
great  satisfaction  I  acquaint  your  Grace  of  the  great  growth 
of  this  harbour  in  the  Fishing  trade  since  the  time  when  it  was 
first  settled  and  incouraged  by  me,  having  found  at  my  entrance 
not  less  than  250  vessels  and  1,500  or  2,000  hands  imploy'd  in 
catching,  cureing  and  loading  of  fish  for  several  marketts,  the 
returns  whereof  to  Great  Brittain  is  thought  to  advance  more 
the  revennue  of  the  Customs,  then  the  produce  of  any  Province 
upon  this  Continent  of  the  longest  settlement,  Virginia  excepted. 
Many  familys  wou'd  settle  here  if  they  saw  the  commencement 
of  a  fortification  for  their  protection,  which  till  then  they  look 
upon  to  be  very  precarious  in  reguard  of  the  numbers  and 
strength  of  the  enemy  in  case  of  a  rupture   at   any  time  with 
France,  and  the  near  neighbourhood  of  Cape  Breton,  where  no 
industry  or  expence   has   been  wanting  to  make  themselves 
formidable.     Having  settled  matters  here  as  far  as  the  time 
would  admit,  to  the  general  sattisfaction  of  the  people  who 


486  COLONIAL   PAPERS. 

1729. 

have  been  under  some  discouragement,  I  am  now  preparing  to 
proceed  to  Annapolis  Royall,  where  I  am  likewise  expected 
with  impatience  having  receiv'd  assureances  from  the  French 
inhabitants  that  they  will  comply  with  whatever  tearmes  of 
submission  and  obedience  that  I  shall  propose  to  them  :  Such 
is  the  universall  joy  that  appears  from  every  quarter  that  leaves 
me  no  room  to  doubt  of  being  able  in  a  little  time  to  give  your 
Grace  a  satisfactory  account  of  the  affaires  of  this  Province 
etc.  I  was  in  hopes  to  have  found  the  vessell  which  was  built 
for  the  service  of  this  Government  in  a  condition  to  be  repair'd, 
but  having  appointed  a  survey  of  ship  carpenters  to  examine 
her,  upon  their  report  (enclosed)  the  vessell  was  sold  at  publick 
vendue,  with  the  produce  whereof  and  addition  of  £250  have 
bought  another  vessell  of  a  less  burthen  and  more  fitt  for  the 
service,  without  which  I  could  no  way  remove  from  hence, 
and  therefore  pray  that  I  may  have  orders  to  continue  her  in 
the  service,  which  I  cannot  pretend  to  carry  on  but  by  moving 
from  place  to  place  as  there  shall  be  occasion  ;  her  expence 
will  not  be  above  half  so  much  as  the  other's  which  requir'd 
a  complement  of  twelve  men,  whereas  six  sailers  will  suffise 
for  this  ;  she  is  new  and  strong  and  with  due  care  may  serve 
the  Government  twenty  years  etc.  There  goes  home  one 
William  Richards  prisoner  on  board  the  Rose  man  of  warr  who 
I  had  hyred  for  a  footman  at  my  leaving  England  etc.  The 
whole  matter  is  contained  in  enclosed  affidavits  etc.  Signed, 
R.  Philipps.  Endorsed,  R.  Dec.  6th.  4  pp.  Enclosed, 

917.  i.  Address  of  inhabitants  and  fishermen  of  Canso  to 
Governor  Philipps.  Canso,  July  8,  1729.  Welcome 
his  arrival  etc.  58  signatures.  Copy.  1  p. 
917.  ii.  Address  of  Joshua  Peirce  and  others  to  Governor 
Philipps.  Canso,  Aug.  19,  1729.  On  behalf  of  "  the 
Gentlemen,  Shoremen  and  Fishery  of  this  place," 
express  the  universal  satisfaction  with  his  adminis- 
tration, "  in  that  your  Excellency  has  promised  them 
a  confirmation  of  all  their  former  grants  for  lands  " 
etc.  Pray  that  the  many  petty  differences  which  dayly 
arise  in  the  Fishery  may  be  decided  by  a  civil  magis- 
tracy appointed  by  H.E.  etc.  Signed,  Joshua  Peirce, 
Stephen  Perkins,  Elias  Davis,  Thos.  Kilby.  Copy. 
I  p. 

917.  iii.  Andrew  Le  Mercier  to  Governor  Philipps.  Boston, 
28th  Sept.,  1729.  Proposals,  by  a  French  Minister, 
for  setting  a  Colony  of  French  Protestants  in  Nova 
Scotia.  Asks  for  a  grant  of  120  acres  to  each  of  100 
families  to  be  brought  over  from  London  free  of  charge 
and  settled  in  a  township  to  be  called  New  Caen,  with 
a  weekly  market  and  annual  fair,  and  be  free  of  taxes 
and  duties  for  7  years.  A  loan  of  £2,000  in  paper 
bills  to  be  granted  them  for  purchase  of  cattle  and 


AMERICA   AND   WEST   INDIES.  487 

1729. 

provisions  etc.,  5000  acres  to  be  given  to  the  under- 
taker or  undertakers.  The  agreement  to  be  void  if 
the  settlement  is  not  accomplished  within  2|  years 
of  April  1st,  1730,  etc.  Copy.  2?  pp. 

917.  iv.  Deposition  of  Thomas  Grayson.  Canso.  6th  Sept., 
1729.  On  3rd  June,  1729,  William  Richards  described 
to  him  how  Sir  John  Williams  had  killed  a  man  named 
Williams  in  a  duel  in  his  house  in  Monmouthshire  and, 
with  the  aid  of  Richards,  his  servant,  had  thrown  the 
body  into  the  river,  etc.  Afterwards  Sir  John  advised 
Richards  to  get  a  service  to  go  beyond  sea,  and  he  went 
with  Govr.  Philipps  etc.  Richards  on  examination 
admitted  this.  2  pp. 

917.  v.  Survey  of  H.M.  schooner  William  Augustus.  Canso. 
16  July,  1729.  It  will  cost  more  to  repair  than  will 
purchase  a  new  one  etc.  Signed,  John  Corny,  Master, 
and  three  others.  1  p.  [C.O.  217,  38.  Nos.  24,  24 


Oct.  2.          918.     Governor   Philipps   to   Lord   Townshend.     Duplicate 
Canso.        of  preceding  covering  letter.     Same  signature  and  endorsement. 
4  pp.     Enclosed, 

918.  i.  Copy  of  No.  917  v.  preceding.    [C.O.  217,  38.     Nos. 

25,  25  i.]. 

Oct.  2.  919.  Same  to  the  Council  of  Trade  and  Plantations. 
Canso.  Duplicate  of  preceding  covering  letter.  Signed,  R.  Philipps. 

Endorsed,  Reed.  6th  Dec.,  1729,  Read  llth  May,  1730.     4  pp. 

Enclosed, 

919.  i.  Copy  of  No.  917  v.    [C.O.  217,  5.  ff.  168-169i;.,  170u.- 

171,  172v.  ;  and  (abstract  of  covering  letter)  217,  30. 
pp.  35,  36]. 

Oct.  3.  920.  Mr.  Carkesse  to  Mr.  Popple.  Encloses  following  for 
Custom  the  information  of  the  Board  of  Trade.  Signed,  Cha.  Carkesse. 
T  h°"  Endorsed,  Reed.  3rd  Oct.,  1729,  Read  15th  June,  1731.  1  p. 

London.  ' 

Enclosed, 

920.  i.  Mr.  Fitzwilliam,  Surveyor  General  of  the  Customs  for  the 

Southern  Continent  of  America,  to  the  Commissioners 
of  the  Customs.  New  Providence.  30th  June,  1729. 
The  principal  place  of  the  Bahama  Islands  is  this  of 
Providence,  where  the  Governour  and  all  the  publick 
officers  have  their  residence  at  a  small  village  called 
Nassau,  a  good  harbour  for  small  ships  defended  by  a 
regular  fort  etc.  In  this  Island  are  the  bulk  of  the 
inhabitants,  consisting  of  about  500  white  people 
and  250  negro's,  but  like  soon  to  be  augmented  by  the 
removal  of  50  or  60  familys  from  Harbour  Island  and 
Ilathera  who  being  exposed  to  the  ravages  of  the 


COLONIAL   PAPERS. 


Spaniards  from  Cuba  and  without  any  place  of  defence 
to  retire  to  more  [?  =  were]  by  order  of  the  Governour 
and  Council  directed  to  abandon  their  settlements  for 
a  place  of  greater  safety  :  and  for  the  other  islands 
etc.,  they  are  as  yet  uninhabited,  except  in  the  season 
for  making  of  salt,  and  cutting  wood,  that  the  people 
of  this  place  resort  to  Exuma  for  salt,  and  the  other 
islands  for  wood  which  is  at  present  their  best 
and  most  vendible  staple.  It  is  easy  to  judge  how 
little  trade  can  be  carried  on  by  such  a  handfull  of 
people,  who  require  but  small  supplies  of  European 
commodities,  and  have  little  ability  to  furnish  much 
in  return,  since  besides  the  providing  common 
necessarys  for  their  own  subsistance,  there  is  no  great 
improvement  yet  made  of  the  commodities  the  soil 
naturally  produces,  some  attempts  have  been  made 
in  sugar,  but  want  of  hands  and  money  to  erect 
works  and  buildings  requisit  for  such  an  undertaking 
makes  that  manufacture  go  on  very  slowly.  The 
great  quantity  of  brasiletta  and  other  dying  wood, 
and  of  Madeira  manchinele,  mohoggony  and  other 
trees  fit  for  building  vessells  and  other  uses,  and 
their  cinamon  bark  called  there  cortex  winterranea, 
and  the  sweet  wood  bark  called  Cortex  Ilatharia, 
might  prove  valuable  commodities  for  export,  and 
encourage  the  clearing  of  the  ground  for  the  improve- 
ment of  all  the  commodities  which  any  of  the  West 
India  islands  produce  ;  but  as  there  is  no  immediate 
export  for  these  directly  to  Great  Britain  and  the 
inhabitants  unable  to  transport  them  in  shippping  of 
their  own,  these  commodities  do  not  turn  to  that 
account  which  otherwise  might  be  made  of  them  ; 
it  is  also  said  by  the  Spaniards  that  the  Jesuits  bark 
is  to  be  found  here,  but  the  inhabitants  have  not  yet 
made  the  discovery  where  it  grows.  The  chief  trade 
here  at  present  is  by  imploying  their  vessells,  (of  which 
there  are  about  20  but  very  small)  in  carrying  Maddara 
and  Mohoggony  wood,  turtle,  lemons,  oranges,  pine 
apples  etc.  to  South  Carolina  and  bringing  back 
provisions,  and  going  to  Jamaica  and  being 
imploy'd  in  sugar  droging  during  the  time  of  lading 
the  shipping  there,  and  what  they  earn  is  returned 
thence  in  rum  and  molosses,  and  sometimes  they 
export  cotton  of  their  own  product  to  the  other 
plantations,  but  hitherto  in  no  great  quantity.  I  have 
regulated  some  matters  with  relation  to  the  Naval 
Officer,  and  as  Mr.  Fairfax  is  a  man  very  capable  and 
diligent  in  his  duty,  I  doubt  not  the  trade  will  remain 
under  a  sufficient  inspection  without  enhancing  the 


AMERICA  AND   WEST   INDIES.  480 

172!). 

cxpence  by  the  expence  of  a  shallop,  as  I  find  has  been 
proposed  by  the  Governor  and  Collector  etc.  Signed, 
Richard  Fitzwilliam.  Copy.  2f  pp.  [C.O.  23,  2. 
ff.  249,  250-251,  252.] 

Oct.  3.  921 .  Duke  of  Newcastle  to  the  Council  of  Trade  and 
Kensington.  Plantations.  Encloses  following  for  their  report  with  all  possible 
expedition,  as  the  last  ship  to  sail  for  New  England  this  season 
will  depart  in  eight  or  ten  days.  Signed,  Holies  Newcastle. 
Endorsed,  Reed.  3rd,  Read  6th  Oct.,  1729.  f  p.  Enclosed, 
921.  i.  Petition  of  Francis  Wilks  and  Jonathan  Belcher, 
Agents  for  the  House  of  Representatives  of  Massa- 
chusetts Bay,  to  the  King.  Your  Majesty's  said 
Province  hath  lain  under  great  hardships  and 
difficulties  ever  since  the  arrival  of  H.E.  William 
Burnett  Esq.,  who  from  his  first  coming  into  that 
Government  to  this  time,  as  is  humbly  apprehended, 
hath  made  the  general  good  and  welfare  of  the  whole 
Province  subservient  to  his  own  private  particular 
interest,  and  hath  seemed  by  his  words  and  actions 
to  have  no  other  end  or  view  in  coming  to  preside  over 
them  but  to  consult  his  own  advantage,  and  at  the 
same  time  to  be  wholly  regardless  of  that  of  the 
whole  Province.  But  as  the  Province  is  fully  sensible 
he  can  be  no  ways  protected  in  such  his  actions  by 
your  Majesty  who  is  peculiarly  distinguished  not  only 
throughout  all  Europe  but  the  American  world  also 
for  your  great  clemency  and  paternal  regard  to  all 
your  people,  and  in  giving  to  them  in  the  enjoyment 
of  all  their  just  rights  and  liberties  all  proper  counten- 
ance and  support  etc.  One  of  the  first  steps  of  Mr. 
Burnett's  Government  was  demanding  a  sallary  to 
be  settled  on  him  and  his  successors  in  perpetuity, 
which,  as  it  was  what  had  never  been  done  from  the 
first  foundation  of  Government  in  that  Province  and 
the  then  Assembly  apprehending  it  to  be  inconsistent 
with  the  Constitution  and  laws  of  their  country  to 
grant  the  Governor  a  sallary  for  any  longer  time  than 
from  session  to  session,  they  could  not  agree  thereto. 
But  they  very  cheerfully  and  unanimously  voted  him 
such  an  allowance  for  the  year  then  current  as  your 
Majesty  was  pleased  to  think  sufficient  as  to  the 
quantum,  and  gave  him  all  possible  assurances  that 
he  should  never  want  a  support  suitable  to  the  honour 
and  dignity  of  his  Government.  Upon  which  the 
Governor,  in  great  violation  of  the  trust  reposed  in 
him,  did  all  in  his  power  to  harrass  and  distress  the 
Representatives  of  that  Assembly,  sometimes  by  very 
long  and  unusual  sittings,  and  then  by  short  and  hasty 


490  COLONIAL   PAPERS. 

1729. 


prorogations,  and  by  adjourning  them  from  the 
Court  House  at  Boston  the  usual  and  general  place 
of  its  sitting  (and  which  is  by  far  the  most  commodious 
in  the  whole  Province  for  that  purpose)  to  Salem,  a 
place  very  incommodious,  and  no  ways  fitting  for  the 
reception  of  such  a  body,  and  where  he  kept  them 
sitting  several  months  in  a  most  severe  and  difficult 
season,  and  at  a  time  when  the  business  of  the  Province 
did  not  require  the  continuance  of  the  General  Session. 
The  present  Great  and  General  Assembly,  which  is 
the  second  since  Mr.  Burnett's  arrival,  were  by  the 
writts  appointed  to  meet  at  Salem,  the  Governor  still 
insisting  the  Assembly  should  be  held  there,  no  ways 
regarding  ye  hardships  and  distresses  the  great  incon- 
veniencies  of  that  place  hath  and  must  bring  upon 
the  Members,  on  the  contrary  seeming  to  hold  the 
Assembly  there  on  that  very  account,  as  if  he  took 
pleasure  and  delighted  in  the  difficulties  he  thereby 
brought  upon  the  House,  and  hath  harrass'd  and 
vexed  the  Representatives  by  not  suffering  them  to 
do  necessary  business  for  the  good  of  the  Province, 
and  by  these  and  other  his  proceedings  and  adminis- 
tration hath  brought  great  damage  to  the  Province. 
For  tho'  various  affairs  of  great  importance  to  the 
Province  had  in  the  last  and  preceding  sessions  been 
referred  over  for  the  consideration  of  the  Great  and 
General  Court  at  this  Session,  yet  on  the  first  meeting 
of  this  Assembly  which  was  on  the  28th  of  May  last, 
the  Governor  made  no  speech  to  ye  Court,  as  usual, 
nor  recommended  to  them  by  message  or  otherwise 
any  business  for  their  consideration,  and  the  second 
day  of  the  Session  the  Governor  prorogued  the  Court 
to  the  25th  of  June  last,  which  proved  very  detrimental 
to  the  Province  in  retarding  the  affairs  of  the  Session, 
they  having  done  no  public  business  saving  the  election 
of  Councellors,  and  created  needless  trouble  and 
expence,  besides  bringing  great  trouble  and  fateigue 
on  the  Members  in  journeying  to  and  from  Salem. 
The  General  Court  met  on  the  day  appointed  by 
prorogation,  and  the  House  sent  up  and  acquainted 
the  Governor  that  they  were  a  quorum,  and  ready  to 
proceed  to  the  business  of  the  Session,  but  to  which 
they  had  no  return  from  the  Governor.  Whereupon, 
and  as  the  House  had  nothing  recommended  to  them 
from  the  Governor,  and  the  Representatives  who 
attended  the  long  and  fateiguing  session  in  1728 
having  not  received  their  accustomed  allowance  or 
pay,  occasioned  by  the  Governor's  refusing  to  sign 
a  warrant  for  that  purpose,  tho'  the  Clerk  of  the  House 


AMERICA  AND   WEST  INDIES.  UU 

1729. 

had  laid  before  him  the  proper  certificates,  and  upon 
which  the  Governor  was  bound  by  law,  as  Petitioners 
conceive,  to  issue  his  warrt.  for  their  payment,  and 
notwithstanding  he  had  signed  like  warrts  for  payment 
of  the  Council,  the  House  etc.  on  3rd  July  sent  up  a 
message  to  the  Governor  addressing  him  in  the  most 
strong  and  pressing  terms  on  their  behalf.  But  the 
only  return  made  was  that  he  should  lay  that  matter 
before  the  Lords  of  Trade  and  take  their  directions 
thereon,  which  the  House  in  a  matter  of  this  nature 
could  not  but  look  on  as  a  denial  to  do  justice  to  those 
members  etc.,  it  being  in  effect  a  repetition  of  the 
refusal  to  sign  any  warrants  for  their  pay,  which  is 
conceived  to  be  a  very  unwarrantable  practice  in  the 
Governor  etc.  By  the  constitution  and  usage  of  this 
Province  the  revenue  or  supplys  for  defraying  the 
expence  of  the  Government  is  annual,  being  raised 
and  appropriated  by  act  of  Assembly  from  year  to 
year,  and  is  usually  one  of  the  first  acts  they  pass  etc., 
but  the  Governor,  as  is  humbly  apprehended,  in 
manifest  breach  of  his  duty,  and  neglect  of  the  good 
and  welfare  of  so  large  a  Province  etc.,  hath  refused 
to  suffer  any  act  to  be  passed  for  raising  and  appro- 
priating the  annual  supplys  for  the  service  of  the 
current  year,  unless  done  in  a  method  apprehended 
to  be  inconsistent  with  the  welfare  and  safety  of  the 
Province,  for  the  House  having  on  the  2nd  of  July 
last  come  into  a  resolve  for  supplying  the  Treasury 
with  twenty  thousand  pounds  bills  of  credit  for  the 
necessary  support  and  defence  of  the  Government 
etc.  to  be  issued  out  and  disposed  of  by  warrant  under 
the  hand  of  the  Governor  with  the  advice  and  consent 
of  the  Council,  to  be  applyed  to  the  several  publick 
uses  therein  mentioned,  which  resolve,  being  worded 
in  the  accustomed  manner,  was  sent  up  for  concurrence, 
the  next  day  the  Governor  by  message  acquainted  the 
House  that  the  Board  had  concurred  the  said  resolve 
as  desired,  but  that  he  did  not  think  proper  to  consent 
to  any  form  for  supply  of  the  Treasury  but  what  was 
practiced  before  the  year  1721,  which  was  to  grant 
the  money  without  appropriating  the  same  to  any 
particular  uses.  But  as  this  method  was  ofttimes 
found  by  experience  to  be  the  occasion  of  uncomfort- 
able disputes  between  the  two  Houses,  and  lyable  to 
great  inconvenience  and  abuse  by  misapplications  of 
the  publick  money,  for  the  future  prevention  of  all 
which  mischeifs  the  method  now  in  use  etc.  was  agreed 
upon  after  very  solemn  and  mature  consideration  and 
debate  both  by  the  Council  and  the  House  and  con- 


lt)2  COLONIAL  PAPERS. 

1729. 


sented  to   by  the   Commander  in  Cheif,    and   as   the 
method    now   used   is,    as   the    House   most    humbly 
conceives  both  reasonable  in  itself,  and  agreeable  to 
the  power  granted  by  their  Charter,  as  is  expressly 
allowed  by  the  report  of  the  late  Attorney  and  Sollicitor 
General  on  Collonel  Shute's  complaint,  and  confirmed 
in  Council  by  your  Majesty's  late  Royal  Father,  and 
as  under  this  method  the  debts  of  the  publick  have 
been   as   punctually   answered,   and  the   honour  and 
justice  of  the  Legislature  as  well  preserved  as  before, 
so  the  Governor  could  not  but  well  know  and  foresee 
the  Assembly  could  never  come  into  the  same  injurious 
methods  as  were  practiced  before  1721  etc.,  and  therefore 
the  House  could  not  but  consider  this  as  flung  into  the 
Governor's  message  meerly  to  bear  here  at  home  some 
appearance  and  colour  of  a  reason  for  his  negativing 
so  essential  a  resolve,  and  the  welfare  of  the  Province 
greatly  depending  hereon.     The  House  on  the  4th  of 
July  came  into  fresh  resolves,  and  sent  up  renewed 
messages  respecting  the  supply  of  the  Treasury  and 
the  pay  of  the  Representatives  for  the  last  year,  setting 
forth  in  the  most  pressing  manner  the  great  necessity 
of  a  concurrence  with  them  herein,  but  without  any 
return.     The   House   foreseeing  what   confusion   and 
perplexity  must  soon  come  upon  them  for  want  of 
money   in   ye   Treasury   and   being   thus   strang(<?)ly 
treated  by  the  Governor,  and  dreading  the  tendency 
and  effect  hereof,  on  the  9th  of  July  last  appointed 
a  Committee  to  prepare  an  humble  Address  to  be 
presented  to  your  Majesty,  respecting  the  difficulties 
the  Province  labours  under  from  the  male  adminis- 
tration of  the  Governor,  and  the  same  day  a  Memorial 
was  laid  before  the  House  signed  by  a  number  of 
merchants  setting  forth  sundry  burthens  and  hard- 
ships they  laboured  under  with  respect  to  the  extra- 
ordinary and  illegal  fees  lately  exacted  on  the  shipping 
by  the  Governor,  and  praying  to  be  releived  therein, 
which   was   committed   to   the   consideration   of  the 
Committee  for  greivances.     The  House  ye  same  9th 
of  July  voted  that  a  message  should  be  sent  to  the 
Governor  to  acquaint  him  that  the  House  was  desirous 
to  enter  into  the  consideration  of  ye  usual  allowances 
and  therefore  desired  him  to  pass  the  supply  of  the 
Treasury,    that    so   the    honour   and    dignity   of  the 
Government  might  be  supported,  but  to  which  the 
Governor  returned  only  the  same  answer  as  before, 
and  the  next  day  the  House  voted  that  they  would 
proceed  to  the  proportioning  each  town  to  a  tax  of 
one  thousand  pounds  at  three  a  clock  that  afternoon, 


AMERICA   AND   WEST   INDIES.  W3 

1729. 

and  would  at  four  a  clock  enter  into  the  consideration 
of  an  allowance  to  H.E.  etc.  The  Committee  of 
greivances  having  on  the  said  10th  of  July  met  and 
considered  of  the  several  matters  committed  to  them, 
agreed  to  report  the  following  heads  of  greivances  vizt. 
The  Governor's  denying  issuing  warrants  for  the  pay 
of  the  Representatives  the  last  year,  his  holding  the 
Assembly  at  Salem,  his  refusing  to  concurr  with  the 
resolve  of  the  two  Houses  for  supplying  ye  Treasury, 
his  not  passing  the  impost  bill,  which  both  Houses 
had  passed  the  3rd  of  June,  his  not  suffering  the 
Court  to  sit  but  2  days  in  May  session,  and  then  calling 
them  together  during  their  harvest  season,  and  in 
the  busie  time  of  the  year  and  keeping  them  15  days 
together  without  anything  recommended  from  him 
to  them,  and  at  the  same  time  denying  his  assent  to 
all  such  matters  as  the  two  Houses  in  discharge  of 
their  duty  had  gone  upon  and  passed,  except  some 
muster  rolls  and  accots.,  and  his  exacting  unjustifiable 
fees  on  the  shipping ;  but  to  prevent  any  report 
being  made  of  these  matters  or  any  vote  or  resolution 
of  ye  House  thereon,  the  Governor  on  the  said  10th 
of  July  last  without  any  the  least  previous  notice 
abruptly  prorogued  the  said  Great  and  General  Court 
to  Wednesday  the  20th  of  Augst.  following  then  to 
meet  at  Salem  aforesaid.  By  this  male-administration 
of  the  Governor  the  Province  is  wholly  defeated  of 
ye  benefit  arising  from  ye  meeting  of  ye  sd.  General 
Court  and  Assembly  intended  them  by  their  Charter, 
the  support  and  defence  of  the  Government  deserted, 
and  left  unprovided  for,  the  revenue  destroyed,  the 
trade  and  shipping  of  ye  Province  distressed  and  the 
priviledges  and  franchise  of  the  Charter  invaded  and 
broke  in  upon  by  the  sole  art  and  means  of  the 
Governor,  and  the  terrible  consequences  of  ye  Treasury 
being  quite  empty  of  money,  and  having  no  supply 
for  the  necessary  support  and  occasions  of  the  Govern- 
ment are  now  impending  over  this  unhappy  Province, 
and  'tis  much  to  be  feared  will  be  too  soon  felt  by 
them  unless  speedily  releived  by  your  Majesty's  most 
gracious  interposition.  Your  petitioners  must  humbly 
hope  the  well-being  of  so  large  a  part  of  your  Majesty's 
American  subjects  and  Dominions  shall  not  be  thus 
prejudiciously  affected  by  any  disagreement  or  dis- 
pute between  the  Governor  and  Assembly  relating 
to  the  manner  of  supporting  the  Governor.  Therefore, 
and  as  the  last  ship  which  sails  for  ye  sd.  Province 
this  year  will  be  going  in  a  very  short  time,  and  unless 
some  order  be  given  in  the  premisses  to  the  Governor 


494 


COLONIAL   PAPERS. 


1729. 


Oct.  6. 


Oct.  6. 

Whitehall. 


Oct.  7. 

Kensington. 


Oct.  7. 

Boston. 


by  such  ship  the  Province  must  lie  bleeding  under 
these  their  distresses  for  six  or  seven  months  to  come, 
your  Petitioners  most  humbly  pray  your  Majesty  to 
take  their  distressed  and  deplorable  condition  into 
your  most  royal  and  paternal  consideration,  and  that 
proper  directions  may  be  forthwith  sent  to  the  Governor 
for  redressing  the  oppressive  greivances  of  the 
inhabitants  etc.  Signed,  Francis  Wilks,  Jonathan 
Belcher.  2  large,  closely  written  pp.  Torn.  [C.O. 
5,  870.  ff.  273,  2740.-275W.] 

922.  H.M.  Warrants  to  the  Governors  of  Barbados,  Virginia, 
Jamaica  and  S.  Carolina,  for  using  the  new  seals  (described}  and 
returning    the    old    ones.     Countersigned,    Holies    Newcastle. 
[C.O.  324,  36.     pp.  156-162  ;    and  324,  50.     pp.  5,  6.] 

923.  Mr.  Wheelock  to  Francis  Wilks  and  Jonathan  Belcher, 
Agents  for  the  Assembly  of  the  Massachusetts  Bay.     Desires 
them   to    attend   the    Board   with   proofs   in    support   of  the 
allegations  in  their  petition  against  Governor  Burnet.     [C.O. 
5,  916.     p.  207.] 

924.  Duke  of  Newcastle  to  Governor  Hunter.     In  accord- 
ance with  representation  of  Board  of  Trade,  H.M.  is  pleased  to 
order  that  a  noli  prosequi  be  granted  Mr.  Donavan.     Signed, 
Holies  Newcastle.     [C.O.  324,  36.     p.  163  ;    and  137,  58.    ff. 
178,  1780.] 

925.  Lt.   Governor  Dummer  to  the  Duke  of  Newcastle. 
Encloses    journal    of    General    Assembly    to    end    of    Session. 
Continues  : — Your  Grace  will  see  by  my  Speech  to  the  Assembly, 
and  my  Message  to  the  House  of  Representatives  that  I  have 
used  my  endeavours  to  bring  the  House  to  [a]  sense  of  their 
duty  to  H.M.,  with  respect  to  fixing  the  salary  etc.,  supposing 
myselfe  to  be  under  obligation  so  to  do  inasmuch  as  the  Govern- 
ment, and  thereby  H.M.  instructions  for  ordering  the  same  is 
now  devolved  on  me  :    altho'  I  cannot  say  I  had  any  hopes  of 
convincing  them,  after  the  fruitless  endeavours  of  a  gentleman 
of  so  much  address  as  the  late  Governour  etc.     Your  Grace  will 
observe  that  in  the  Representatives'  message,  in  answer  to  my 
speech,   they   express   it   as   their  opinion   that   the  aforesaid 
instruction  does  no  wayes  relate  to  me  as  Commander  in  Cheif, 
wch.  I  answered  as  is  incerted  in  the  said  Journals  ;    and  that 
occationed  another  short  message  from  them  which  seems  to 
be  intended  as  a  final  refusal  to  fix  a  salary.     And  now  I  must 
pray  your  Grace's  directions,  how  I  am  further  to  proceed  in 
this  affair  ;    for  I  am  very  intent  faithfully  and  punctually  to 
observe  H.M.   Instructions   while   I   have   the   honour  to  bee 
continued  in  the  command  here.     I  think  it  necessary  to  observe 


AMERICA  AND   WEST  INDIES. 


195 


1729. 


Oct.  7. 

Boston. 


Oct.  8. 

Whitehall. 


to  your  Grace  that  ever  since  that  clause  appointing  the  muster 
rolls  to  bee  past  on  by  the  whole  Court  was  brought  into  the 
resolve  for  supply  of  the  Treasury,  wch.  was  first  done  in  1721 
etc.,  there  has  always  been  some  opposition  made  to  it  by  the 
Council,  but  it  has  nevertheless  had  their  concurrence,  and  the 
Governour's  consent  to  this  day.  The  case  as  it  was  stated 
by  the  late  Governour  is  in  the  Journals  and  the  answer  of  the 
Representatives  etc.  The  necessity  of  the  supply  of  the  Treasury 
for  the  support  of  the  Government  has  weighed  with  me  in  the 
passing  of  it,  as  it  has  been  don  for  eight  years  past,  having  no 
prospect  of  retreiving  that  article  at  present  :  but  it  seems  to 
me  that  the  clause  in  the  Charter,  on  which  that  matter  depends, 
does  require  an  explanation  from  the  Crown,  or  it  will  bee  every 
year  an  occation  of  fruitless  contention  in  the  Legislature  to 
the  prejudice  of  H.M.  service  and  the  publick  good.  It  may 
not  be  impropper  further  to  observe  to  your  Grace  that  as  the 
Representatives  have  determin'd  not  to  settle  a  salary  according 
to  H.M.  Instructions,  and  that  as  I  shall  not  in  the  l[e]ast  depart 
from  it,  there  is  like  to  bee  no  support  for  the  Chair  in  this 
Government  for  some  time  etc.  Received  letters  of  25th  and 
26th  June  to  Governor  Burnet  after  he  had  spoken  to  the 
Representatives,  "  nevertheless  I  was  so  happy  as  to  intimate 
to  them  the  principal  matter  directed  to  in  the  private  letter  ; 
but  without  success."  Signed,  Wm.  Dummer.  Holograph. 
2  pp.  [C.O.  5,  898.  No.  60.] 

926.  Same  to  the  Council  of  Trade  and  Plantations.  Repeats 
preceding,  mutatis  mutandis.     Acknowledges  letter  of  28th  May, 
and  concludes  : — There  being  a  clause  in  it,  which  relates  to  the 
government  of  New  Hampshire,  I  shall  acquaint  Mr.  Wentworth 
the    Lieutenant    Governor    with    it.     Signed,    Wm.    Dummer. 
Endorsed,  Reed.  21st  Nov.,  1729,  Read  9th  June,  1731.     2f  pp. 
[C.O.  5,  872.    ff.  100,  101-102*;.,  103u.] 

927.  Council   of  Trade   and   Plantations   to   the   Duke   of 
Newcastle.     Governor  Burnet's  Agent  has  desired  a  reasonable 
time  for  obtaining  his  answer  to  the  petition  of  Messrs.  Wilks 
and  Belcher  (v.  3rd  Oct.),    "  which,  in  common  justice,  and 
according  to  the  usual  course  of  our  proceedings  on  complaints 
against  any  person,  was  not  to  be  refused."       Continue  : — But 
in  the  mean  time  we  thought  it  not  improper  to  inform  yor. 
Grace,  that  some  of  the  matters  complain'd  of  by  this  petition, 
have  already  been  determin'd  upon  by  H.M.  in  Council ;    some 
of  them  have  been  already  redress'd  by  the  Governor,  and  as 
to  ye  rest,  we  have  not,  nor  can  have,  any  proper  proofs  before 
us,  till  we  have  an  opportunity  of  hearing  both  parties.     How- 
ever, as  ye  petition  complains,  that  ye  current  service  of  the 
year,  cannot  be  carry'd  on,  for  want  of  Mr.  Burnet's  assent  to 
ye  mony  bill,  which  they  alledge  to  be  conceiv'd  in  ye  form  for 


496 


COLONIAL   PAPERS. 


1729. 


Oct.  8. 

St.  Johns. 


Oct.  9. 

Boston. 


such  bills,  used  ever  since  1721,  we  would  humbly  propose,  that 
notwithstanding  the  Assembly  seem  finally  to  have  refused  to 
comply  with  H.M.  Instructions  relating  to  the  Governor's 
salary  ;  Mr.  Burnet  should  be  directed  not  to  throw  the  Province 
into  confusion,  or  put  a  stop  to  the  publick  business  by  refusing 
to  give  his  assent  to  the  sd.  bill,  or  bills,  unless  there  should  be 
some  particulars  contained  therein,  contrary  to  their  Charter, 
or  to  H.M.  Instructions.  [C.O.  5,  916.  pp.  208,  209.] 

928.  Capt.  Taverner  to  Mr.  Popple.  I  came  late  to  this 
countrey  occasioned  by  a  long  pasadge,  ye  last  of  July  I  hyred 
a  sloop  and  went  with  a  cargo  of  goods  as  far  north  as  Cape 
Grotte,  ye  nothermost  Cape  in  N.f.land,  where  fisht  6  large 
ships  of  St.  Mallo,  sum  of  them  100  men  :  20  boats,  ye  first  of 
agust  they  had  pr.  boate  about  90  qls.,  the  fish  then  wose  gon 
of,  2  ships  fisht  in  other  harbours,  I  wose  aboard  one  of  them 
which  had  about  100  pr.  boat.  At  Capt.  (?  Cape)  Grote  ye 
Commander  of  ships  came  on  board,  and  toock  away  my  sailes 
and  rudder,  pretending  to  sease  me  though  many  of  them  new 
me,  because  I  could  not  produce  a  pass  :  nither  would  they 
deale  with  me  for  that  reason,  as  they  pretended,  but  ye  great 
reason  wose,  they  weare  sorrey  to  se  me  in  yt.  place,  for  one 
of  the  Captns.  told  me  I  wose  a  terrour  to  al  ye  coast,  that 
they  had  never  seen  an  Englishman  theare  before,  and  perhaps 
in  two  or  three  years  I  might  com  and  tack  at  theare  ships 
from  them  in  case  of  a  wore  :  with  a  great  deal  of  diffucalty 
I  gat  my  sailes  and  ruder  and  returned  without  doeing  any  thing, 
which  wose  a  voidge  to  my  loss,  however  I  purpose  to  goe  all 
round  ye  land  next  sumer,  at  my  own  charge  without  ye 
goverment  will  be  so  good  as  to  allow  me  anything,  in  my 
returne  I  saw  3  Indians  ;  and  above  50  fiers  they  are  a  nation 
yt.  is  setled  by  themselves  between  the  English  and  the  French, 
should  the  Government  think  fitt  to  imploy  me,  I  could  soon 
bring  that  whole  nation  to  head  with  us  etc.  Has  been  prevented 
from  getting  in  his  debts  this  season  by  this  voyage  etc.  Signed, 
'Wm.  Taverner.  Endorsed,  Reed.  8th  Dec.,  1729,  Read  8th 
April,  1730.  Addressed,  1|  pp.  [C.O.  194,  8.  ff.  283,  283i;., 


929.  Col.  Dunbar  to  the  Council  of  Trade  and  Plantations. 
I  landed  here  the  23rd  of  last  month,  since  which  a  great  many 
hundred  men  of  those  who  came  lately  from  Ireland  as  well  as 
some  English  and  Irish  familys  many  years  settled  here,  and 
likewise  many  natives  of  this  country,  who  are  uneasy  under 
this  forme  of  Government,  applyed  to  me  yt.  they  might  settle 
to  the  Eastward  of  Kennebeck  river,  haveing  heard  from 
England  that  a  new  Province  was  erected  between  the  river  of 
Kennebeck  and  St.  Croix  by  the  name  of  Georgia  and  under 
my  Goverment  ;  and  as  the  greatest  part  of  those  who  lately 


AMERICA   AND   WEST   INDIES.  497 

1729. 

came  from  Ireland  had  removed  themselves  to  Pensilvania 
upon  the  ill-treatment  they  received  here,  where  a  very  numerous 
mobb  threatend  and  insulted  them  as  foreigners,  I  have  pre- 
sumed upon  your  Lordships  report  to  the  Lords  of  the  Council 
in  favour  of  this  new  Settlement  to  promise  all  those  people 
that  they  should  have  grants  of  lands  from  50  to  100  acres  pr. 
head  in  each  family,  paying  one  penny  sterl.  pr.  ann.  quit  rent 
to  H.M.  after  10  years,  subject  to  one  penny  more  whenever 
H.M.  should  demand  it  to  defray  the  expence  of  the  Governmt.  ; 
this  gave  such  general  satisfaction  that  I  have  been  exceedingly 
pressed  to  begin  the  Settlement  without  loss  of  time,  soe  that  I 
goe  hence  by  sea  in  4  or  5  days  with  about  250  men,  wth.  their 
own  armes,  in  behalf  of  themselves  and  many  other  familys 
who  will  follow  in  the  spring  to  make  a  beginning  at  a  place 
called  Pemequid,  as  soon  as  they  have  got  a  covering,  they 
intend  to  clear  land  make  staves  of  all  sizes  and  cutt  timber 
for  small  vessels,  all  these  they  can  doe  in  the  frost  and  snow, 
and  as  soon  as  the  spring  opens,  they  will  open  ground  and 
putt  in  garden  seeds,  grain  and  a  little  hemp,  each  ;  the  soil 
has  formerly  been  tryed  and  is  very  good,  so  that  I  hope  within 
18  months  to  send  samples  of  hemp  for  the  Navy  and  to  give 
a  good  account  of  the  other  produce  of  the  lands  ;  I  intend  to 
call  the  first  town  St.  Georges,  and  doubt  not  it  will  in  some 
measure  deserve  that  name.  I  am  told  there  are  5  fathoms 
depth  of  water  close  to  the  bank  at  this  intended  scituation, 
wch.  will  encourage  trade  and  ship  building.  Several  people 
have  been  with  me  claiming  large  tracts  of  land  in  this  Province 
by  virtue  of  antient  grants  from  King  James  and  K.  Charles 
the  first  and  from  the  Council  of  Plymouth,  and  some  Indian 
titles  among  them  Doctor  Cook  at  the  head  of  a  company  of 
gentlemen  and  merchants  who  call  themselves  the  Muscongos 
Company,  the  name  of  a  river  a  little  to  the  eastward  of 
Pemequid,  these  Gent,  shew  a  grant  from  the  Council  of 
Plymouth  for  thirty  miles  square  dated  in  1629,  tho'  never 
improved,  they  had  since  another  grant  under  the  late  Duke 
of  York  (since  K.  James  ye  2nd),  but  they  would  not  claim 
under  it  because  there  was  a  reservation  of  one  penny  pr.  acre 
chief  rent,  least  the  arrears  should  be  demanded  ;  I  told  them 
that  ye  title  to  those  lands  had  been  often  changed  since  their 
first  grant  and  that  it  was  now  absolutely  in  the  Crowne,  but 
that  H.M.  intended  it  should  be  given  to  such  of  his  good 
subjects  as  would  go  upon  ye  immediate  settlement  and  improve- 
ment thereof  upon  ye  same  conditions  as  before  mention'd, 
wch.  they  possitively  refused  to  accept,  or  to  allow  any  con- 
sideration or  acknowledgmt.  to  the  King  tho  ever  so  small. 
Doctor  Cook  sayd  they  were  in  possession  and  would  see  who 
wd.  dispute  it,  for  his  part  he  would  as  soon  go  to  law  with  the 
King  as  any  private  man,  his  character  is  so  well  known  at  the 
Council  Board,  and  Board  of  Trade,  that  I  need  not  dwell  upon 

C.P.XXXVI— 38 


498  COLONIAL   PAPERS. 

1729. 

it,  but  can't  omit  saying  that  he  is  here  at  the  head  of  the 
obstinate  faction  who  oppose  all  the  King's  measures  and 
was  lately  the  instrument  of  procureing  their  memorable  act 
against  duelling  to  put  all  upon  a  level,  so  that  a  man  is  lyable 
to  common  affronts  to  wear  a  sword  or  be  distinguished  like  a 
gentleman,  for  by  that  act,  to  draw  a  sword,  upon  any  pretence, 
without  reserve,  ye  punishmt.  is  no  less  than  to  be  drawn 
in  a  cart  with  a  rope  round  one's  neck  to  ye  gallows,  and  there 
to  sit  upon  it  2  hours,  they  have  been  remarkably  insolent  since 
this  law,  and  if  their  acts  are  thought  worthy  of  consideration 
at  home,  I  should  hope  this  one  might  be  returned  repealed 
wth.  resentment  it  would  mortifye  them  extreamly  and  they 
richly  deserve  it.  To  the  eastward  of  Pemequid  a  few  miles, 
there  is  a  fine  navigable  river  called  Shepscott,  where  2  different 
setts  of  people  here  claim  large  tracts,  one  sett  are  58  in  numbr. 
the  other  32,  they  have  the  like  old  titles,  but  upon  my  telling 
them  as  I  did  the  first  company,  they  seem  very  well  pleased 
and  are  resolved  to  settle  2  towns  compact  and  to  improve 
each  of  them  small  tracts  contiguous  to  the  towns,  some  few 
of  them  are  of  the  stiff-neckd  generation  here  and  talk  like 
their  oracle  Dr.  Cook.  It  is  very  probable  that  from  the  Doctor's 
party  there  may  now  go  orders  for  application  at  home  in  behalf 
of  their  claim,  wch.  contains  more  than  half  a  million  of  acres, 
it  is  impossible  they  can  say  any  more  of  me  than  what  I  have 
here  owned,  to  wch.  I  added  that  any  man  yt.  has  made  any 
improvements  or  cleared  ground  should  have  such  included 
in  their  grant  provided  they  would  goe  upon  the  immediate 
settlement.  I  could  wish  yt.  this  famous  Doctor  could  be 
stigmatized  in  being  particularly  excepted  from  haveing  any 
part  or  grant.  There  are  some  small  tribes  of  Indians  near 
these  intended  settlements,  who  will  expect  some  presents  as 
those  near  New  York,  a  small  matter,  wth.  ye  good  useage  I 
will  allways  give  them,  will  keep  them  in  peace  and  friendship, 
and  this  with  a  few  guns,  small  armes  and  amunition  is  all  the 
expence  I  wd.  propose  to  the  publique.  I  have  received  much 
civility  since  my  landing  here,  but  I  observe  it  has  been  generally 
from  such  as  are  well  affected  to  H.M.  and  heartily  wish  for  a 
thorough  reforme  in  this  Government  by  Act  of  Parliament. 
I  sayd  they  might  wth.  reason  expect  it  if  it  could  not  be  done 
by  ye  common  course  of  law,  and  I  added,  for  joke  sake,  yt.  I 
did  not  doubt  but  a  Governour  would  be  sent  over  in  the  spring 
wth.  a  Commission  for  a  Kingly  Governmt.  and  a  charter  of 
incorporation  for  this  great  towne,  with  blanks  to  name  a  Mayor, 
Aldermen  and  Recorder  in  lieu  of  their  boasted  Charter,  this 
gave  great  pleasure,  and  one  of  the  gentlemen  saying  he  would 
give  a  great  deal  to  see  that  joyfull  day  took  a  guinea  from  me 
to  give  me  30  when  he  should  be  in  that  number.  This  may 
be  made  a  usefull  Colony  to  England  if  it  be  brought  under  a 
good  regulation  and  in  my  humble  opinion  it  is  high  time,  it 


AMERICA   AND   WEST   INDIES. 


499 


1720. 


Oct.  10. 

Portsmo. 


is  very  populous  and  ye  people  generally  deem  themselves 
independent,  as  is  their  religion,  for  they  hate  the  Church  of 
England  and  Presbiterians  alike,  and  are  a  selfish  dogmatical 
people  ;  the  town  or  Citty  of  New  York  is  not  near  so  large 
as  this  ;  and  has  a  Charter  with  a  Mayor  etc.,  but  if  H.M.  should 
be  advised  to  give  one  to  this  town,  I  would  humbly  propose 
that  it  be  not  too  extensive  at  first,  but  put  ye  people  upon 
their  good  behaviour  to  deserve  further  favour  in  another. 
The  Church  of  England  labours  under  some  discouragemts. 
here  there  being  no  allowance  but  to  one  Clergyman,  and  there 
are  2  churches,  but  the  Clergy  depending  on  ye  courtesy  of  the 
people  wch.  is  very  precarious  ;  tho  these  2  churches  are  large 
they  are  well  filled,  and  I  am  informed  that  wherever  churches 
have  been  built,  people  have  allways  resorted  ;  this  Continent 
may  deserve  a  Bishop  resideing,  his  residence  may  be  in  Georgia, 
where  provision  may  be  made  for  him  out  of  the  quit  rents 
and  reserved  penny  pr.  acre.  I  am  firmly  persuaded  that  a 
good  man  who  would  take  pains  this  way  and  encourage  schools 
might  in  time  work  a  reformation  among  these  independents. 
I  could  wish  that  Dean  Berkeley's  Colledge  may  go  on,  and 
that  Georgia  might  be  thought  a  proper  place  for  it.  It  will 
be  spring  before  I  can  have  any  answer  to  this  letter  and  by 
that  time  I  shall  have  a  thousand  familys  settled  at  Pemequid 
and  Shepscott ;  upon  Kennebeck  up  some  leagues  there  is  a 
large  forest  of  fine  masts  wch.  will  be  part  of  what  I  am  to 
reserve  for  H.M.  My  deputys  are  out  upon  their  duty  ;  in 
ye  spring  I  shall  send  2  of  them  to  Nova  Scotia  to  execute  my 
instructions  etc.  Suggests  the  new  Colony  may  be  granted  a 
free  trade  for  their  own  use  and  consumption  for  7  years  etc. 
Signed,  David  Dunbar.  Endorsed,  Reed.,  Read  20th  Nov. 
1729.  Addressed.  Holograph.  7pp.  Enclosed, 

929.  i.  Claim  of  Christopher  Toppan  to  lands  in   the   East 
Country,  at  Sheepscott  etc.     Same  endorsement.     Copy. 

IP- 

929.  ii.  Grant    from    the    Council    of    Plymouth    to    John 

Beauchamp  and  Tho.  Leveret  of  a  piece  of  land  in 
New  England  to  the  North  and  North  East  of 
Penobscot  River  containing  ten  leagues  square  and 
paying  only  a  fifth  part  of  all  gold  and  silver  ore  found 
there.  13th  March,  1629.  Same  endorsement.  Copy. 
1  p.  [C.O.  5,  870.  ff.  289-294U.] 

930.  Lt.  Governor  Wentworth  to  Jeremiah  Dunbar.     Hopes 
that  his  presence  will  put  a  stop  to  the  waste  of  pine-trees  which 
he  has  endeavoured  to  prevent  for  the  last  ten  years,  at  great 
expence    to    himself   etc.     Signed,    J.    Wentworth.     Endorsed, 
in  Col.   Dunbar 's,   10th  Dec.     Addressed.     1  p.     [C.O.  5,   10. 
No.  22.] 


500 


COLONIAL   PAPERS. 


1729. 
Oct.  10. 

Kensington. 


Oct.  11. 

Boston, 

New 
England. 


931 .  Duke    of   Newcastle    to    the    Council    of   Trade    and 
Plantations.     I  have  laid  before  the  King  your  letter  (8th  Oct.) 
etc.,  upon  which  H.M.  has  been  pleased  to  order  that  you  should 
send  to  the  petitioners  (Wilks  and  Belcher]  for  a  copy  of  the 
mony  bill  to  which  they  complain  that  Governor  Burnet  refuses 
his   assent,   and  report  to   H.M.    your  opinion   whether  it  is 
consistent  with  the  Charter  of  [the  Massachusetts  Bay],  or  with 
H.M.  Instructions  to  Mr.  Burnet  ;    together  with  such  further 
observations  as  may  occurr  to  you  upon  the  perusal  of  that 
bill   etc.     Signed,   Holies   Newcastle.     Endorsed,   Drat,   to  the 
Council  of  Trade,     l^pp.     [C.O.  5,  752.     No.  41.] 

932.  Col.   Dunbar  to  the  Duke  of  Newcastle.     I  landed 
here  the  23rd  of  last  month,  since  wch.  onely  one  vessel  sailed 
hence  the  next  day,  by  wch.  your  Grace  had  an  account  of  the 
death  of  Mr.  Burnet,  wch.  happened  in  an  unlucky  time  for  the 
instruction  he  was  charged  with  from  England,  tho'  the  Lt. 
Governour  has  pritty  much  insisted  on  ye  same,  but  no  prospect 
of  success,  nothing  less  than  a  new  form  of  Government  will 
bring  this  people  to  reason.     Many  of  them  heartily  wish  for  it, 
those  yt.  do  not  are  the  lower  class  of  people  influenced  by  a  few 
obstinate  cunning  men,  among  whom  Dr.  Cook  is  ye  chief.    Your 
Grace  is  sensible  of  the  proposal  and  reports  upon  it  from  the 
Board  of  Trade  for  a  new  settlement  and  separate  Government 
between  New  England  and  Nova  Scotia  ;    at  my  arrival  here 
many  hundred  familys  applyed  to  me,  some  of  them  haveing 
been  petitioners  to  H.M.  for  leave  to  settle  to  the  eastward  of 
ye  River  of  Kennebeck  on  ye  aforementioned  tract  of  land.     At 
my  leaveing  England  matters  were  not  quite  settled  etc.,  but  I 
was  encouraged  from  the  Lords  for  Trade  to  encourage  such  as 
would  go  upon  ye  immediate  settlement  and  improvement  of 
that  wast  land  upon  ye  conditions  mentioned  in  the  report, 
which  being  much  approved,  I  have  been  so  importuned  to  go 
and  begin  the  settlement  yt.  to  refuse  or  delay  it,  the  people 
would   go   to   Pensilvania,    where   I   am   assured   at   least   six 
thousand  souls  from  ye  north  of  Ireland  have  arrived  in  a  short 
time,  and  even  there,  haveing  heard  of  the  design  of  this  new 
settlement,  some  of  their  friends  waited  to  know  ye  truth,  all 
this  together  has  forced  me  under  a  necessity  of  complying  with 
the  importunity  of  goeing  away  in  3  or  4  days  with  3  sloops 
and  about  300  men  mostly  with  their  own  armes  and  provisions 
to  begin  ye  settlement  at  a  place  called  Pemequid  some  few 
miles  to  ye  eastward  of  ye  river  of  Kennebeck,  I  intend  to  call 
it  St.  George's,  it  is  the  best  scituation  for  trade  and  a  fine 
country  round  it.     I  propose  to  view  the  woods  thereabouts 
and  to  return  in  a  month  thro'  the  province  of  Main  and  New 
Hampshire  where  I  hope  now  to  be  able  to  secure  what  masts 
etc.  are  left  fitt  for  H.M.  use.     In  the  spring  at  least  1,000 
familys  will  go  from  this  country  to  the  new  settlements,  and 


AMERICA   AND   WEST    INDIES.  501 

1729. 

as  soon  as  they  can  open  the  ground,  they  will  try  all  sorts  of 
grain  and  hemp  and  flax  ;  every  family  promises  a  little,  so 
yt.  in  a  year  I  hope  to  send  some  small  quantity  home  in 
perfection  for  the  approbation  of  the  Navy  ;  the  people  who 
go  downe  now  will  be  imployed  this  winter  in  building  hutts, 
clearing  land,  and  makeing  staves,  and  cutting  timber  for 
small  vessels.  I  brought  over  with  me  a  quantity  of  tools  for 
these  purposes  and  I  carry  with  me  provisions  for  such  as  had 
no  fund  to  provide  for  themselves  until  they  can  repay  it  out 
of  their  labour  ;  it  can  scarce  be  believed  wt.  a  spirit  there  is 
among  them  to  carry  on  this  affair,  the  short  time  I  have  been 
here,  a  continual  crowd  has  been  about  me,  and  some  Gentlemen 
of  this  country  who  had  old  claims  and  titles,  some  of  them 
Indian  deeds,  others  from  the  Council  at  Plymouth  in  1629, 
others  from  K.  Charles  the  first,  have  come  to  me  to  shew 
their  claims,  no  settlemts.  or  improvements  were  ever  made 
on  any  of  these  claimes.  One  of  them  is  for  30  miles  square 
from  30  Gentlemen  who  have  associated  themselves  by  the 
name  of  a  company  and  ye  famous  Dr.  Cook  at  their  head, 
this  gentleman's  character  is  so  well  known  at  the  Council 
Board  yt.  I  need  say  little  of  him,  but  when  I  told  him  and  ye 
rest  yt.  I  understood  yt.  all  that  country  was  upon  examination 
before  the  King  in  Council  5  or  6  years  agoe  declared  to  be 
absolutely  in  H.M.  disposal,  without  any  reserve  to  any  person, 
and  yt.  now  H.M.  being  desireous  to  have  it  settled  and  made 
usefull  to  England  would  give  the  encouragement  of  granting 
lands  from  50  to  100  acres  pr.  head  in  each  family,  or  more  in 
proportion  to  their  ability  to  improve,  reserveing  onely  one 
penny  pr.  acre  quit  rent  or  acknowledgment  to  ye  Crowne, 
the  Doctor  answered  that  they  were  in  possession,  would  not 
give  one  farthing,  would  as  soon  go  to  law  with  the  King  as 
any  other  man,  and  would  see  who  dispossess  them.  I  could 
not  help  being  a  good  deal  ruffled  at  this  declaration  and  the 
manner  of  delivering  it,  but  for  reasons  wch.  I  have  taken  ye 
freedome  to  mention  in  my  letter  to  the  Lords  Commissioners 
for  Trade,  I  onely  sayd  they  had  better  apply  at  home  to  have 
H.M.  answer  or  confirmation  of  their  claims,  and  I  assured 
them  that  no  one  with  me  should  settle  on  any  part  of  it  until 
I  heard  from  home  ;  I  must  do  that  justice  to  some  of  the 
gentlemen  as  to  own  that  they  have  come  to  me  since  and 
blamed  ye  Doctor  and  seem  pleased  with  the  King's  termes, 
they  now  apply  home,  but  leave  the  Doctor  out  of  their  list, 
fearing  it  might  hurt  them,  they  call  themselves  the  Moscongos 
Company.  There  are  two  other  companys  one  of  58,  the  other 
of  32  in  number  associated  and  claim  a  great  many  thousand 
acres  on  Shepscott  River  not  farr  from  Kennebeck,  and  one 
single  Minister  whose  name  is  Toppan  claims  above  300,000 
acres  by  an  Indian  deed,  wch.  he  tells -me  is  now  before  the 
Board  of  Trade,  several  of  these  gentlemen  are  pleased  with 


502  COLONIAL   PAPERS. 

1729. 

the  termes  proposed,  if  they  might  have  2,  3  or  4  thousand 
acres  each,  and  would  immediately  improve  and  oblige  them- 
selves in  particular  to  raise  hemp,  others  are  of  Mr.  Cook's 
temper  ;  there  are  many  other  like  claimes,  and  all  now  sett 
a  higher  vallue  on  the  lands,  tho'  they  have  for  the  most  part 
ever  yet  layn  waste,  and  wd.  continue  so  but  that  they  imagine 
that  they  might  now  make  some  advantage  of  them  by  sale  or 
lease,  and  upon  some  of  these  lands,  thus  claimed,  stands  the 
best  woods  for  H.M.  use  etc.  Continues  :• — Tho'  in  the  report 
from  the  Lords  Commissioners  for  Trade,  this  new  province, 
wch.  is  called  Georgia,  is  sayd  to  be  part  of,  and  devided  from 
the  Governmt.  of  Nova  Scotia,  yet  the  Lt.  Governor  here  told 
me  in  the  presence  of  the  Secretary  of  this  Province  that  it  is 
part  of  this  Governmt.  and  they  insist  upon  it,  I  told  him  I 
never  heard  they  had  any  claim  to  it  etc.  Continues : — There 
are  some  small  tribes  of  Indians  in  the  neighbourhood  of  the 
place  I  propose  to  settle  first,  but  doubt  not  to  make  them 
friends,  if  they  were  to  be  allowed  some  small  presents  as  at 
New  York,  the  expence  would  be  well  layd  out,  this  and  a  few 
guns,  small  armes  and  ammunition  in  the  spring  is  all  the 
charge  I  would  propose  to  the  publique,  and  if  I  am  to  be 
honourd  with  the  management  of  the  undertakeing,  I  am 
satisfyed  to  be  upon  my  good  behaviour  etc.  Refers  to  his  letter 
to  the  Board  of  Trade.  Signed,  David  Dunbar.  Endorsed, 
Reed.,  R.  19th  Nov.  6  pp.  [C.O.  5,  898.  No.  61.] 

Oct.  11.  933.  Lt.  Governor  Pitt  to  Charles  Cholmunly.  Hears  that 
Bermuda.  Capt.  Rogers  has  obtained  an  order  to  take  off  his  company 
to  Providence  etc.  Continues : — The  Company  was  settled  by 
King  William  heere  at  ye  request  of  ye  inhabitants  in  time  of 
peace  and  by  Act  of  Parlmt.  :  being  ye  onely  security  to  the 
magazines  and  ye  towne  of  St.  Georges  and  if  occasion  to 
surpress  ye  negroes  who  are  very  numerous  and  stand  in  great 
aw  off  ye  soldiers.  Wee  have  above  150  sayle  of  sloopes  bee 
longing  to  this  iland  but  are  three  parts  of  ye  yeare  abroad  that 
wee  cannot  upon  allmost  any  emergency  raise  500  men  and 
onely  are  at  home  the  two  hurricane  monthes  and  that  ye 
company  is  ye  whole  supporte  of  the  iland  ten  months  in  ye 
yeare  etc.  My  Lord  Goodolphin  was  the  onely  man  who 
procur'd  mee  this  Government  but  cannot  now  trobe  (?  trouble) 
him  on  this  subject,  etc.  Desires  his  services  etc.  Continues  : — 
Our  Councill  and  Assembly  meet  in  a  few  dayes  and  they 
designe  to  draw  up  a  representation  and  petition  to  be  laid 
before  his  Majesty  in  Councill  to  get  the  order  for  the  Company 
revoaked,  and  likewise  that  ye  King  would  grant  yt.  there 
may  bee  a  small  man  of  war  station'd  heere  and  will  likewise 
write  to  ye  Duke  of  Newcastle  and  to  ye  Lords  of  Trade  who 
know  best  what  condition  these  islands  are  in  and  how  they 
ought  to  be  supported  as  Bermuda  is  ye  key  of  America  on 


AMERICA   AND   WEST  INDIES. 


503 


1729. 


Oct.  11. 


Oct.  12. 

London. 


Oct.  13. 

Council 
Office. 


Oct.  14. 

Whitehall. 


whose  safety  depends  all  ye  West  India  trade.  I  can  say  noe 
more  to  you  on  this  affayer  for  just  now  came  a  sloope  from  St. 
Christophers  ye  most  surprising  and  unwelcome  newes  of  my 
poore  Lord  Londonderry's  death  hee  had  been  three  weeke  on 
his  voyage  hither  and  he  sayes  hee  was  buried  ye  weeke  before 
hee  came  away  hee  tells  mee  yt  Generll  Mathews  and  Smith 
are  together  by  the  eares  yt  as  soone  as  my  Lord  was  dead  they 
went  to  work  in  ye  Secretaries  Office  tearing  the  papers  and 
fighting  that  they  were  not  fit  to  shew  their  faces  in  three  or 
fower  dayes  and  Mathews  was  turning  out  all  those  officers  his 
Lordsp.  had  made.  He  say  noe  more  on  this  malancholy 
subject  but  our  most  humble  sarvice  to  yr.  good  Lady  and 
little  famyly.  Signed,  John  Pitt.  Holograph.  2  pp.  [C.O. 
37,  29.  No.  8.] 

934.  Thomas  Lowndes  to  Mr.  Popple.     The  Palatins  sent 
to  view  Carolina  etc.  (v.  7th  Aug.)  have  been  at  Port  Royal  etc., 
approve    very    much    of    the    country,    and    have    made    an 
advantagious  report  of  the  country  to  those  that  sent  them. 
Signed,  Tho.  Lowndes.     Endorsed,  Reed,  llth,  Read  31st  Oct., 
1729.     Holograph.     1  p.     [C.O.  5,  361.    ff.  30,  310.] 

935.  Thomas  Burnett  to  the  Duke  of  Newcastle.     As  the 
Board  of  Trade  have  directed  me,  as  Agent  to  my  brother,  to 
transmit  to  him  a  petition  from  the  Agents  for  the  House  of 
Representatives  etc.,  and  as  the  miscarriage  of  such  a  packet 
may  be  greatly  prejudicial  to  the  interest  of  the  Province  and 
perhaps  it  may  be  questioned  whether  I  ever  did  transmit  such 
a  petition  etc.,  prays  that    "  it  may  go  under  the  protection  of 
your  cover.     P.S.     The  packets  for  New  England  are  taken 
in  at  the  New  England  Coffeehouse  near  the  Exchange  and  the 
next  ships  go  on  Tuesday  next."     Signed,  T.  Burnett.     1  p. 
[C.O.  5,  752.     No.  42.] 

936.  Minutes  of  Privy  Council.     To  peruse  the  accounts  of 
the  tryal  of  the  ship  att  Jamaica  wch.  has  been  tryed  and  cleared. 
To  write  to  Governor  Hunter   to  express  ye  King's  surprise  yt. 
the  ship  had  been  tried  when  ye  orders  were  to  keep  them  till 
further   order.     To   consider   what   method   can   be   taken   to 
enforce  ye  execution  of  these  orders  to  ye  Capts.  of  ye  ships  in 
ye  W.  Indies.     Send  to  ye  Board  of  Trade  about  punishments 
etc.     l$pp.     [C.O.  5,  36.    ff.  3,  3v.] 

937.  Order  of  Committee  of  Privy  Council.    Referring  back 
the  representation  of  29th  Nov.  last  to  the  Council  of  Trade 
and   Plantations   to   consider  the   value   of  the   lands   in   the 
Bahamas,  and  what  sum  may  be  proper  to  be  given  for  them, 
and  to  enquire  who  are  the  present  Proprietors  thereof,  and 
what  methods  are  most  proper  to  be  taken,  towards  making 


504 


COLONIAL   PAPERS. 


1729. 


Oct.  14. 

Squirrel. 
St.  Johns, 

New- 
foundland. 


Oct.  14. 

St.  Johns, 

New- 
foundland. 


their  said  proposal  effectual  etc.  Signed,  Ja.  Vernon.  En- 
dorsed, Reed.  16th,  Read  31st  Oct.,  1729.  1  p.  [C.O.  23,  2. 
ff.  206,  207t>.] 

938.  Capt.  Osborn,  Governor  of  Newfoundland,  to  the 
Council  of  Trade  and  Plantations.  Duplicate,  mutatis  mutandis, 
of  following  letter  to  Duke  of  Newcastle.  Signed,  Hen.  Osborn. 
Endorsed,  Reed.  10th  Nov.,  1729,  Read  8th  April,  1730. 
Holograph.  5|  pp.  Enclosed, 

938.  i,    ii.    Duplicates    of    following  enclosures  i,  ii.     Same 

endorsement.     8    pp.     [C.O.     194,     8.    ff.    240-242*;., 
243fl.,  248-249*;.] 

939.  Capt.  Osborn,  to  the  Duke  of  Newcastle.     In  obedience 
to    H.M.    Instructions,    31st    May,    etc.,    transmits  following 
particulars  etc.     Continues  : — I   have  divided  the  Island  into 
convenient  districts,  and  have  appointed  over  each  of  those, 
the  little  time  I  have  been  there  would  admit  me  to  visit,  out 
of  the  inhabitants  and  planters  of  the  best  characters,  such  a 
number  of  Justices  of  the  Peace,  and  Constables,  according  to 
the  bigness  of  the  Fisherys  they  preside  over,   as  I  judged 
necessary,  in  case  they  do  their  duty,  to  preserve  peace  and 
quietness  etc.     Encloses  further  particulars   and  copy  of  the 
Commission  given  by  him  to  the  Justices,    "  drawn  up  in  the 
best  manner  I  was  capable,  not  being  well  acquainted  with  the 
forms,  nor  time  to  prepare  them  before  I  had  the  honour  to 
receive   H.M.   commands  to   be   gone  "    etc.     Continues  : — As 
I  could  set  apart  no  house,  that  was  proper  for  a  prison  in  the 
manner  H.M.  commanded,  but  in  regard  that  many  delinquents 
escape  with  impunity  for  want  of  places  proper  to  secure  them 
in,  I  have  ordered  a  rate    which    the  Justices    of    Peace  pre- 
sented unto  me  as  of  little  burthen  to  the  people  to  be  raised 
within  the  districts  of  St.  Johns  and  Ferryland  for  the  building 
a  prison  in  each  of  those  places,  and  as  this  rate  is  no  greater 
than  half  a  quintal  of  merchantable  fish  per  boat,  and  half  a 
quintal  for  every  boat's  room  including  the  ships  rooms  fishing 
on  the  Banks  that  have  no  boats  with  the  like  proportionable 
rate  upon  such  persons  in  trade  as  are  not  concerned  in  the 
Fisherys,  and  only  for  one  fishing  season,  I  humbly  presume 
it  will  meet  with  your  Grace's  approbation.     For  punishing  of 
petty  crimes  I  have  erected  several  pair  of  stocks,  and  with 
humble  submission  I  make  no  doubt  but  all  these  measures 
well  executed  would  be  sufficient  to  suppress  the  great  disorders, 
that  have  been  too  frequently  committed  in  this  Island,  but 
what  yet  is  to  be  feared,  is  that  as  the  best  of  these  Magistrates 
are  but  mean  people,  and  not  used  to  be  subject  to  any  Govern- 
ment, that  no  longer  than  they  have  a  superior  amongst  them, 
will  they  be  obedient  to  any  orders  that  are  given  ;    besides 
these  measures,  My  Lord  Vere  and  I  have  done  many  acts  of 


AMERICA   AND   WEST   INDIES.  505 

1729. 

Justice  to  the  inhabitants  and  planters,  and  particularly  at 
Placentia,  where  we  have  restored  several  plantations  which 
Col.  Gledhill  has  unjustly  possessed  for  several  years,  and  as 
I  apprehend  we  should  have  taken  from  him  many  more  which 
he  holds  by  very  unjust  tenures,  had  the  proper  proprietors 
been  on  the  spot  to  have  sued  for  the  same.  The  complaints 
of  the  inhabitants  against  the  disorders  committed  by  the  great 
number  of  Irish  Roman  Catholicks  who  remain  here  in  the 
winter  is  the  only  thing  further  I  have  to  lay  before  your  Grace, 
hoping  by  the  measures  your  Grace  may  be  pleased  to  recom- 
mend, they  may  be  free  from  the  insults  of  those  people,  who 
very  often  plunder  them,  and  threaten  them  with  their  being 
superior  in  number  etc.  Signed,  Hen.  Osborn.  Endorsed, 
Rd.  10th  Nov.  3|  pp.  Enclosed, 

939.  i.  Districts  of  Newfoundland  (v.  preceding)  and  places 

where  the  Magistrates  preside.     (Bonavista,  Trinity, 

Carbonier,  St.  Johns,  Ferryland,   Placentia).     fp. 
939.  ii.  Commission   appointing   Justices   of  the   Peace,    by 

Capt.     Osborn,     Governor    and    Commander  in  Chief 

over  Newfoundland  etc.  (v.  preceding).     8  pp.     [C.O. 

194,  8.    ff.  223-224^.,  225v.,  226,  227v.-23lv.,  233v.  ; 

and  (enclosures  i  and  ii  only)    194,    23.      Nos.  37,    38  ; 

and  (covering  letter  only)  194,  24.     No.  15.] 

Oct.  14.  940.  Commodore  Lord  Vere  Beauclerk  to  Mr.  Popple. 
Oxford  in  Encloses  following.  Continues  : — -The  Admirals  of  Bonavista, 
Harbour.8  Trinity  and  Carbonier  harbours  have  not  sent  me  their  accounts, 
tho'  I  writt  twice  for  them,  this  is  not  the  only  article  wherein 
they  are  negligent  etc.  Hopes  he  has  not  been  too  tedious  in  his 
replies  etc.  Continues  : — The  merchants  of  Bristol  concern'd 
in  this  trade  did  last  winter  sign  a  petition  that  the  Irish  Roman 
Catholicks  might  not  be  suffer'd  to  come  over  here  in  such 
numbers,  justly  fearing  the  ill  consequences  wou'd  unavoidably 
follow  such  a  practise,  but  the  person  intrusted  with  it  never 
deliver'd  it,  being  owner  of  a  ship  who  constantly  every  year 
practises  that  business  etc.  Signed,  Vere  Beauclerk.  Endorsed, 
Reed.  10th  Nov.,  1729,  Read  8th  April,  1730.  Holograph. 
3  pp.  Enclosed, 

940.  i.  Commodore  Lord  V.  Beauclerk's  Answers  to  Heads 
of  Enquiry  relating  to  the  Newfoundland  Fishery, 
(iii)  The  Admirals  are  not  so  strict  as  they  should 
have  been  in  taking  care  that  ballast  is  not  thrown 
overboard  in  harbour  etc.,  by  which  means  several 
ports  are  almost  spoil'd.  But  in  those  harbours  which 
H.M.  ships  frequently  visitt,  they  are  more  carefull 
etc.  (iv-vii)  Observed.  No  complaints,  (viii)  The 
byboat  keepers  seldom  cure  their  fish  upon  the  rooms 
which  belong  to  the  ships,  but  generally  hire  rooms 
from  the  planters  by  lease  for  a  certain  number  of 


506  COLONIAL  PAPERS. 

1729. 


years,     (ix)  This  Article  (as  to  carrying  over  the  correct 
proportion  of  fresh  men,  and  the  production  of  certificates 
to  that  effect  by  masters  to  the  Admirals)  is  generally 
very  ill  observ'd.     The  Admirals  indeed  tell  us  they 
do  demand  the  proper  certificates  from  the  masters 
of  the  ships,  but  by  what  I  have  been  able  to  observe 
such  only  as  hope  to  be  Admirals  furnish  themselves 
as  the  Act  directs.      The  others  hire  upon  the  spott 
as  many  as  they  find  they  shall  have  occasion  for, 
great  numbers  of  Irish  Roman  Catholics  coming  over 
here  every  year  for  that  purpose,  they  are  already 
so  numerous  that  in  many  places  there  remains  during 
the  winter  nine  of  these  Irish  Roman  Catholicks  to 
one  English  man.     I  need  not  observe  of  how  dangerous 
a  consequence   this  practice  in  time  must  be  to  this 
countrey,  besides  the  loss  to  the  British  Navigation 
by  the  hindring  so  many  seamen  being  brought  up. 
The  masters  of  the  ships  from  Ireland  bring  them  for 
the   lucre   of  their  passages,   but  att  the   same  time 
confess  they  do  a  prejudice  to  the  countrey,  excusing 
themselves  by  saying,  if  I  did  not  bring  them  another 
wou'd.     They  are  of  so  indolent  a  disposition  that 
they  do  not  earn  enough  in  the  summer  to  pay  their 
passages  back  again,  so  some  go  away  to  New  England, 
others  remain  here  all  the  winter,  and  are  the  occasion 
of  most  of  the  disorders  that  then  happen,     (x)  The 
inhabitants  in  general  employ  none  but  these  Irish 
Roman  Catholicks,  who  will  very  few  of  them  ever  come 
to  be  good  seamen  or  fishermen,     (xi-xiii)  Complied 
with,     (xiv)  Very  little  order  is  kept  till  the  arrival 
of  H.M.  ships,  the  Admirals  in  most  of  the  harbours 
being  illeterate,  and  in  this  respect  very  indolent  men 
who  regard  little  else  but  their  own  private  interests. 
I  hope  now  that  Justices  of  the  Peace  are  appointed 
it  will  be  otherwise.      I  can't  find  that  the  Admirals 
of   the  harbours  have  for  these  many  years  made  any 
return  to  H.M.  Privy  Council  of  the  number  of  ships, 
boats  etc.     (xv)  They  generally  defer  bringing  their 
disputes  and  differences  to  any  trial,  till  the  arrival 
of  H.M.  ships,  for  as  the  Admirals  of  the  harbours  are 
themselves  traders,  they  must  in  most  cases  be  directly 
or  indirectly  a  party  concern'd,  the  people  therefore 
imagine  that  they  will  be  partial  etc.     (xvi)  In  the 
ports  where  H.M.  ships  reside,  this  Article  (as  to  the 
Lord's  Day]  is  pretty  well  observ'd,  and  I  hope  the 
Justices  of  the  Peace  will  take  care  the  same  be  done 
in  the  other  places,     (xvii)  In  some  places  there  are 
some  men  from  New  England  who  keep  by-boats  to 
fish,   whether  they  are  esteem'd  aliens   or  strangers 


AMERICA  AND   WEST  INDIES.  507 

1729. 

by  the  Law  I  cou'd  not  really  determine,  so  wou'd  not 
venture  to  disturb  them,  (xix)  The  meaner  sort  of 
the  inhabitants  subsist  entirely  upon  salt  provisions 
and  fish,  where  the  countrey  is  clear'd  of  the  wood, 
it  produces  very  good  grass,  the  inhabitants  breed 
a  few  cattle  every  year,  but  are  cheifly  supply'd 
from  the  Plantations  in  America,  (xx)  They  are 
supplied  with  cloth,  tackle,  cloths  and  other  manu- 
factures entirely  from  Great  Britain,  (xxi)  The  wages 
they  allow  their  servants  are  different,  from  £4  to 
£25  sterl.,  according  to  their  goodness  and  stations. 
They  supply  them  whilst  in  the  countrey  with  what 
they  call  necessarys,  which  is  generally  rum  att  an 
extravagant  price,  this  deducted  they  give  them  a 
bill  for  the  remainder,  (xxii)  The  charge  of  fitting 
out  and  maintaining  a  fishing  boat  for  the  season 
amounts  to  £120  sterl.  (xxiii)  When  it  is  bad 
weather  and  on  days  not  proper  for  curing  of  fish,  the 
inhabitants  employ  their  servants  about  any  domestick 
work  they  may  have  occasion  for.  They  generally 
allow  four  men  to  each  boat,  and  make  no  difference 
in  the  price  of  their  fish,  (xxiv)  The  inhabitants  in 
the  winter  employ  themselves  in  repairing  their  flakes 
and  stages,  and  in  building  and  repairing  their  boats, 
in  cutting  wood  for  fewell  and  in  preparing  everything 
for  the  ensuing  fishing  season.  Some  I  apprehend 
may  mispend  their  time  in  drinking  and  debaucherys, 
especially  as  till  now  they  had  no  persons  amongst 
them  lawfully  impower'd  to  restrain  them  from  such 
excesses,  (xxv)  The  furring  trade  is  almost  quite 
lost  in  this  countrey.  There  was  not  £500  worth  taken 
last  winter,  and  by  their  constant  cruel  usage  to  the 
Indians  wherever  they  meet  them,  all  traffick  with 
them  is  entirely  cutt  off.  (xxvi)  Their  houses  etc. 
are  in  most  places  at  a  convenient  distance  from  the 
water  side,  (xxvii)  The  inhabitants  claim  a  right  to  all 
such  stages  as  they  have  built  upon  places  not  possess'd 
by  the  fishing  ships  since  1685,  and  receive  rent  for 
such  of  them  as  they  do  not  employ  themselves, 
(xxviii)  Five  flakes  are  generally  allowed  to  each  of 
the  fishing  boats,  and  they  are  extended  in  length 
from  the  shore  up  into  the  land,  (xxix)  I  cou'd  never 
find  in  any  of  the  harbours  that  any  regular  account 
had  been  kept  what  places  belong'd  to  the  fishing 
ships  before  nor  since  1685.  They  have  indeed  a 
traditional  one,  which  I  beleive  is  pretty  exact,  there 
being  seldom  disputes  of  this  kind,  (xxx)  The  ships 
that  come  directly  from  Great  Brittain  to  Newfound- 
land are  victuall'd  and  provided  with  their  necessarys 


COLONIAL   PAPERS. 


of  British  product,  but  most  of  them  go  first  to  Ireland 
where  they  load  with  provisions,  and  take  in  the 
Irish  passengers  that  are  such  an  annoyance  to  this 
countrey.  (xxxi)  No  ships  are  allow'd  the  priviledge 
of  being  Admirals  in  any  of  the  harbours  but  such 
as  bring  proper  certificates  of  their  having  clear'd  out 
of  some  port  in  Great  Brittain.  (xxxii)  The  masters 
of  the  fishing  ships  know  perfectly  what  are  their 
priviledges,  and  are  very  ready  to  apply  for  redress 
in  case  they  are  depriv'd  of  them  either  by  the  Admirals 
or  others.  (xxxiii)  The  boat  keepers  generally  hire 
stages,  flakes  etc.  of  the  planters  by  lease  for  a  certain 
term  of  years,  or  else  they  every  year  build  themselves 
when  they  come  in  proper  places  not  belonging  to  the 
fishing  ships.  (xxxiv)  The  ships  from  Biddeford 
and  Barnstable  are  now  the  only  ones  that  go  upon 
shares  with  their  companys.  The  charge  of  fitting 
out  a  ship  of  100  tons  with  50  men  and  10  boats  is 
about  £100  sterl.  (xxxv,  xxxvi)  I  did  not  convict 
any  persons  of  carrying  on  an  illegal  or  contreband 
trade,  and  beleive  this  article  is  seldom  broke,  (xxxvii) 
I  am  inform'd  that  every  year  there  is  brought  to 
Newfoundland  to  the  value  of  10,000  or  £12,000  in 
rum,  molosses,  sugar,  tobacco,  bread,  and  flower  from 
the  American  Plantations,  but  none  of  the  other 
enumerated  commodities,  nor  is  any  indirect  trade 
carry'd  on  to  Spain,  Portugal  or  any  other  place  that 
I  cou'd  find  out.  (xxxviii)  The  merchants  of  New 
England  send  their  goods  to  factors  residing  here, 
who  dispose  of  them  for  fish  or  bills  of  exchange,  if 
they  take  fish  I  am  told  they  chuse  the  worst  sort, 
which  comes  att  a  low  price,  and  which  they  ship  for 
the  Western  Islands  and  the  West  Indies  for  the 
negroes,  (xxxix)  In  St.  John's  there  are  10  taverns 
or  publick  houses  for  entertainment  kept  by  the 
inhabitants  and  licens'd  by  the  Justices  of  the  Peace, 
these  often  trust  the  seamen  and  do  many  other 
irregular  things,  but  the  greatest  mischief  is  every 
master  of  a  ship  and  every  by-boatkeeper  sells  liquors 
to  their  own  servants  att  an  extravagant  rate,  and 
permitt  them  to  run  in  their  debts  more  than  the 
amount  of  their  wages,  (xl)  All  the  inhabitants  in 
general  are  guilty  of  this  fault  (trusting  their  servants 
with  rum  beyond  their  wages),  which  is  a  very  great 
prejudice  to  the  Fishery,  (xli)  £4  105.  is  generally 
the  price  they  pay  for  their  passages,  sometimes  in 
fish,  but  too  often  in  the  manner  above-mentioned, 
(xlii)  This  method  of  trusting  the  fishermen  is  certainly 
the  occasion  of  all  the  faults,  disputes  and  disorders 


AMERICA   AND   WEST   INDIES.  509 

1729. 

that  happen,  and  of  greater  prejudice  to  the  Fishery 
than  'tis  possible  to  express,  but  I  am  att  a  loss 
how  to  remedy  so  general  an  evill.  (xliii)  The 
masters  of  the  fishing  ships  and  by-boats  do  most 
certainly  encourage  their  men  to  stay  behind  and 
connive  att  their  going  away  to  New  England  in  order 
to  save  the  expence  of  sending  them  home.  I  am 
told  about  200  remained  last  year  including  the  Irish 
Roman  Catholicks.  (xliv,  xlv)  The  New  England 
vessells  do  every  year  continue  to  carry  away  great 
numbers  of  seamen  etc.,  when  one  of  H.M.  ships  is 
not  in  the  port  they  sail  from.  When  we  are  present 
we  oblige  them  to  enter  into  bonds  under  penalty  of 
£500  if  they  carry  away  one  man,  but  as  the  masters 
of  the  ships,  of  the  by- boats  and  the  inhabitants  are 
all  interested  and  concern'd  in  it,  it  is  almost  impossible 
to  gett  any  proof  of  the  breach  of  these  obligations, 
(xlvi)  I  strictly  commanded  the  Admirals  to  enjoin 
the  masters  of  the  ships,  by-boats  and  inhabitants  to 
be  very  carefull  and  diligent  in  the  curing  of  their 
fish,  laying  before  them  the  bad  consequence  it  would 
otherwise  have,  and  that  they  shou'd  return  me  the 
names  of  such  as  they  found  faulty  therein.  They 
allow  10  hhds.  or  640  gallons  of  salt  for  the  curing 
every  100  quintals  of  fish.  The  fish  taken  near  the 
shore  is  the  most  esteem'd.  As  I  hope  the  cause  of 
complaint  from  abroad  is  ceas'd,  I  don't  trouble  your 
Lordships  with  anything  more  relating  to  this  Article. 
(xlvii)  I  cou'd  not  gett  any  positive  or  satisfactory 
account  of  the  state  of  the  French  Fishery,  (xlviii) 
There  is  not  any  of  the  French  inhabitants  remaining 
att  Placentia.  (xlix)  By  the  best  information  I  cou'd 
gain,  I  did  not  hear  that  the  French  who  come  to  this 
countrey  to  fish  do  anything  contrary  to  the  Treatys 
nor  do  they  ever  come  from  Cape  Breton  to  hunt  or 
fur  in  the  winter,  (li)  The  salmon  Fishery  formerly 
belonging  to  George  Skeffington  is  naw  in  the  hands 
of  several  people,  to  whom  he  has  dispos'd  of  the 
property  he  had  in  it,  the  quantity  caught  every  year 
is  uncertain,  this  year  about  130  tierces,  in  Great 
Salmonier,  100,  and  in  Little  Salmonier,  about  90. 
25|  pp. 

940.  ii.  Scheme  of  the  Newfoundland  Fishery  for  1729. 
Totals :  Fishing  ships,  190  (including  42  from  America) ; 
burthen,  12,280  ;  men  belonging  thereto,  3011  ; 
passengers  on  British  ships,  1680  ;  boats  kept,  690  ; 
by-boatmen,  1,652  ;  quintals  of  fish  made,  170,220, 
carried  to  foreign  markets,  163,450,  and  199  tierces 
of  salmon  ;  train  oil  made,  1,234|  tons  ;  prices  of  fish, 


510 
1729. 


COLONIAL   PAPERS. 


Oct.  15. 

Councill 

Office, 

Whitehall. 


Oct.  16. 

Bermuda. 


Oct.  16. 

Bermuda. 


Oct.  16. 

Bermuda. 


from  28  to  25  ryals  per  quintal,  salmon  from  £3  to 
£2  5s.  pr.  tierce  ;  train  oil,  from  £9  to  £12  pr.  ton. 
Value  of  seal  oil  taken  last  winter,  £1,075,  furs,  £60  ; 
number  of  stages,  278  ;  of  trainfatts,  18  ;  of  families, 
207 ;  land  improved,  2  acres  in  Trespassy,  3  plantations 
in  Ferryland  ;  number  of  inhabitants,  1,446  ;  of  which 
remained  last  winter,  1,241;  births,  since  departure 
of  last  convoy,  9  ;  deaths,  8.  4  pp. 

940.  iii.  Names  of  Justices  (17)  and  Constables  (33)  appointed 

for  the  4  districts  (v.  12th  Nov.).  2  pp.  Nos.  i-iii 
endorsed  as  covering  letter.  [C.O.  194,  8.  ff.  262- 
276i;.,  2780.-281,  282u.] 

941.  Mr.  Vernon  to  Mr.  Popple.     The  Lords  of  the  Com- 
mittee desire  the  Lords  Commissioners  for  Trade  etc.  to  attend 
them  on  Thursday  next  at  6  in  the  evening,  to  discourse  with 
them   on   their  reports   upon   the  Memorial  of  the   Agents  of 
Massachusets  Bay,  and  upon  the  Address  of    the   Council  of 
N.  Carolina  against   their   Governor  etc.     Signed,   Ja.  Vernon. 
Endorsed,  Reed.   15th,  Read  16th  Oct.,   1729.     1  p.     [C.O.  5, 
870.    ff.   277,  278v.] 

942.  Lt.  Governor  Pitt  to  Charles  Delafaye.     Entreats  his 
support  for  following  petitions.     Signed,  John  Pitt.     Endorsed, 
pr.    penny    post    Nov.    llth,    1730    [sic].     Addressed.     Sealed. 
Postmark!    1  p.     [C.O.  37,  29.     No.  9.] 

943.  Lt.  Governor  and  Council  of  Bermuda  to  the  Duke  of 
Newcastle.     We   etc.    on   behalf  of  the   inhabitants   who   are 
great  sufferers  by  the  Spaniards,  that  have  taken  and  illegally 
detained  our  vessels  and  goods  :    the  account  whereof  is  here- 
unto annexed,  which  we  humbly  conceive  is  against  the  Law 
of  Nations,  earnestly  pray  for  your  Grace's  concurrence  in  such 
measures  as  in  yor.  wisdom,  you  shall  find  may  best  tend  to 
the  relief  of  the  sufferers.     This  case  we  have  desired  to  be 
humbly  presented  to  His  Majesty  etc.     Pray  for  his  interest  in 
obtaining  their  requests  in  following  petition.     Signed,  John 
Pitt  and  6  Councillors.     If  pp.     Enclosed, 

943.  i.  Account    of    the    masters    vessels    and    cargoes    of 

Bermuda,  lately  taken  by  the  Spaniards.  13  ships 
and  cargoes  valued  at  £9,100,  and  several  slaves  taken 
at  Turks  Islands,  £400.  Endorsed,  R.  Nov.  llth,  1730. 
f  p.  [C.O.  37,  29.  Nos.  10,  10  i.] 

944.  Petition    and    Representation    of  the    Lt.    Governor, 
Council  and  Assembly  of  Bermuda  to  the  King.     Several  of  your 
Majesty's  subjects  here  who  are  chiefly  supported  by  trading 
in  their  vessels  among  yor.  Majesties  Plantations  in  America 
have  been  taken  by  the  Spaniards  and  carried  into  Spanish 


AMERICA  AND   WEST   INDIES. 


511 


1729. 


Oct.  16. 

Bermuda. 


Oct.  17. 


Oct.  20. 

New  York. 


Oct.  23. 

Whitehall. 


ports,  as  the  Havana  St.  Domingo  and  others  :  their  vessels 
and  goods  been  seized  and  illegally  detained  (against  the  Law 
of  Nations  we  humbly  conceive)  the  masters  and  sailors  exposed 
to  extreme  hardships,  and  the  owners  so  great  sufferers,  that 
the  only  remedy  now  left  them,  is  at  this  distance  to  cast  them- 
selves at  your  Majesty's  feet  imploring  relief  etc.  Pray  H.M. 
to  grant  a  small  ship  of  war  to  be  stationed  there,  and  the 
Commander  to  advise  with  the  Governor  and  Council  etc. 
Pray  that  the  Independent  Company  of  soldiers  may  be  con- 
tinued there  for  the  better  security  of  the  island,  "  they  having 
upon  all  occasions  exerted  themselves,  when  our  coasts  have 
been  infested  with  privateers  and  pyrates  "  etc.  Signed,  by 
the  Governor,  12  members  of  Council,  and  25  members  of 
Assembly.  Endorsed,  Copy  sent  to  Mr.  Keene,  Aug.  24th,  1730. 
I  large  p.  Torn.  [C.O.  37,  29.  No.  11.] 

945.  Lt.  Governor  and  Council  of  Bermuda  to  the  Council 
of  Trade  and  Plantations.  Enclose  above  petition  and  pray 
for  their  favourable  representation  to  H.M.  etc.  Signed,  John 
Pitt  and  7  members  of  Council.  Endorsed,  Reed,  (from  Mr. 
Mitchell)  20th,  Read  22nd  July,  1730.  1  p.  Enclosed, 

945.  i.  Duplicate  of  No.  943  i.     [C.O.  37, 12.    ff.  52,  53,  54u. ; 

and  (endorsed  Reed.  24th,  Read  26th  Nov.,  1730)  620.] 

946.  Notes  for  letter  to  Governor  Hunter  (v.  Oct.  13)  and 
memoranda  of  other  Colonial  business  transacted  at  the  Privy 
Council.     ?    In   Mr.    Delaf aye's   hand.     If  pp.     [C.O.    5,    36. 

//  5,  5v.] 

947.  Governor  Montgomerie  to  the  Council  of  Trade  and 
Plantations.     Abstract.     Will    obey    instructions    of    8th    May 
as  to  the  Act  for  the  easier  partition  of  lands,  and  holding  courts 
of  Chancery  etc.     Printed,  N.Y.  Col.  Doc.  V.     p.  897.     Signed, 
J.  Montgomerie.     Endorsed,  Reed.  21st  Nov.,  1729,  Read  22nd 
April,  1730.     Holograph.     2  pp.     [C.O.  5,  1055.    ff.  123-124*;.] 

948.  Order  of  Committee  of  Privy  Council.  Referring  back  to 
the  Council  of  Trade  and  Plantations  reports  of  21st  March 
and  14th  May  upon  Col.  Dunbar's  proposal  for  settling  Nova 
Scotia   etc.     Their  Lordships   observing  that   the   first  report 
was  made  upon  a  supposition  that  Irish  and  Palatine  families 
were  all  immediately  to  settle  at  or  near  Annapolis  and  Canco, 
and  the  latter  that  they  would  settle  only  between  the  rivers 
Kennebeck  and  St.  Croix,  and  their  Lordships  being  of  opinion 
that  it  would  prove  of  great  service  to  H.M.  and  the  strengthen- 
ing his  Government  in  Nova  Scotia  if  settlements  were  made 
at  both  etc.,  the  Lords  Commissioners  for  Trade  are  to  discourse 
with  Mr.  Coram  and  Mr.  Hintz  about  the  methods  of  setling  the 
said  familys  and  to  adjust  with  them  the  conditions  upon  which 


512  COLONIAL   PAPERS. 

1729. 

the  Palatines  are  to  be  encouraged  to  settle  at  or  near  Annapolis 
and  Canco,  and  the  Irish  familys  to  transplant  themselves  from 
New  England  to  the  lands  between  the  rivers  Kennebeck  and 
St.  Croix,  and  to  consider  of  making  a  due  provision  for  a  pastor 
in  each  place,  and  prepare  Instructions  for  the  Governor  of 
Nova  Scotia  for  this  purpose,  it  being  their  Lordships'  opinion 
that  all  the  new  settlements  to  be  made  in  Nova  Scotia  should 
be  under  H.M.  Governor  of  that  Province.  And  they  are  to 
insert  an  article  requiring  him  to  supply  the  Surveyor  General 
of  the  Woods  with  40  men  from  the  garrison  of  Annapolis  for 
his  protection  in  the  woods  etc.  They  are  to  prepare  instructions 
for  the  Surveyor  General  requiring  him  to  set  out  200,000  acres 
of  wood  within  the  Province  of  Nova  Scotia  for  H.M.  use. 
Draughts  of  these  instructions  to  be  presented  to  this 
Committee.  Set  out,  A.P.C.  III.  pp.  187,  188.  q.v.  Signed, 
Ja.  Vernon.  Endorsed,  Reed.,  Read  28th  Oct.,  1729.  2|  pp. 
[C.O.  217,  5.  ff.  121-122*;.] 

Oct.  23.  949.  Order  of  Committee  of  Privy  Council.  The  Lords 
^oun^il  of  the  Committee  took  this  day  into  consideration  the  petition 

Whitehall.  an<^  report  concerning  Massachusets  Bay  (Oct.  3  and  8).  They 
were  attended  by  the  petitioners  who,  having  the  day  before 
received  advices  of  the  death  of  Governor  Burnet,  submitted 
whether  it  was  proper  to  enter  into  such  parts  of  their  petition 
as  were  altogether  pursuant  against  him,  they  being  determined 
by  his  death  ;  and  that  as  to  the  article  of  complaint  against 
him  for  refusing  to  issue  warrants  for  the  pay  of  the  Assembly 
men,  they  have  been  informed  by  the  Lords  Commissioners 
of  Trade  etc.  that  he  had  lately  redressed  that  greivance  ;  and 
therefore  petitioners  insisted  only  on  laying  before  their 
Lordships  the  following  points,  as  being  of  a  public  nature, 
and  affecting  the  welfare  of  the  Province,  vizt.,  First  that 
Governor  Burnet  had  not  concurred  with  a  resolve  of  the 
House  of  Representatives  for  supply  of  the  Treasury  with 
20,000  pounds  of  bills  of  credit,  for  the  support  and  defence 
of  the  Government,  but  had  refused  to  consent  to  any  form  for 
supply  of  the  Treasury,  but  what  was  practised  before  the 
year  1721.  Secondly  that  he  had  exacted  extraordinary  and 
illegall  fees  on  the  shipping.  As  to  the  first  of  which  Articles 
it  appeared  to  their  Lordships,  that  the  method  of  supplying 
the  Treasury  by  way  of  resolve  was  very  improper,  and  not 
warranted  by  their  Charter ;  no  power  being  thereby  given 
to  raise  money  but  by  acts  of  Assembly  ;  it  also  appeared, 
that  in  the  wording  this  resolve,  the  House  of  Representatives 
had  reserved  to  themselves  a  power  of  allowing  and  passing 
all  accounts,  before  the  Governor  could  issue  any  money  for 
the  payment  of  them,  which  their  Lordships  conceived  to  be 
wholly  unwarrantable  ;  and  the  Agents  admitting  that  the 
method  of  the  House  of  Representatives  ought  to  be  regulated 


AMERICA   AND   WEST   INDIES. 


513 


17*20. 


Oct.  25. 

Jamca. 


Oct.  25. 

Jamca. 


in  these  two  particulars,  in  the  manner  hereafter  directed,  and 
they  engaging  to  write  to  the  House  of  Representatives  to 
acquaint  them  therewith,  their  Lordships  are  therefore  of 
opinion,  that  Instructions  should  be  prepared  for  the  Governor 
etc.,  requiring  him  to  take  care  for  the  future  that  no  moneys 
be  raised  in  that  Province  but  by  act  of  Assembly,  in  which  act 
one  or  more  clauses  of  appropriation  may  be  inserted,  but  that 
the  issuing  of  all  moneys  so  raised,  be  left  to  the  Governor  with 
the  advice  of  the  Councill,  according  to  their  Charter  ;  subject 
nevertheless  to  a  future  inquiry  of  the  then  present  or  any  other 
Assembly  as  to  the  application  of  such  moneys.  That  as  to  the 
second  Article  relating  to  illegall  fees  exacted  upon  shipping, 
it  did  appear  upon  the  oaths  of  severall  Captains  of  vessells, 
that  since  Governor  Burnet's  time,  a  new  fee  of  12s.  had  been 
demanded  of  every  ship  for  a  lett  pass,  and  that  instead  of  Qs. 
as  a  register  fee  for  the  Governor,  20s.  had  been  demanded  ; 
and  their  Lordships  looking  upon  this,  as  a  matter  of  very  ill 
consequence,  especially  as  it  affects  the  trading  vessells,  are 
therefore  of  opinion,  that  instructions  should  be  prepared  for 
the  Governor  etc.  not  to  exact  or  demand  any  other  fees  than 
what  are  legall,  or  have  been  customarily  taken  by  the  Governors 
of  that  Province.  And  their  Lordships  taking  notice  that  they 
had  received  no  advices  of  the  Assembly's  having  complyed 
with  H.M.  Instructions  relating  to  the  settlement  of  a  salary 
on  H.M.  Governor,  for  the  time  of  his  Government,  are  pleased 
to  direct 'the  Lords  Commissioners  of  Trade  to  informe  them- 
selves of  the  said  Agents,  what  steps  have  been  taken  by  the 
said  Assembly  in  complyance  with  this  Instruction,  or  are 
intended  ;  and  their  Lordships  are  forthwith  to  report  to  this 
Board  the  full  state  of  this  matter,  that  the  same  may  be  laid 
before  His  Majesty,  for  his  directions  thereupon.  Signed,  Ja. 
Vernon.  Endorsed,  Reed.,  Read  28th  Oct.,  1729.  4  pp. 
[C.O.  5,  870.  ff.  281-282i;.,  284u.] 

950.  Governor  Hunter  to  Mr.  Popple.  I  thank  you  for 
ye  news  of  Lynches  Island,  they  could  not  have  made  a  better 
purchase  for  ye  publick  service  cost  what  it  will.  I  should  be 
glad  your  cusing  Henderson  were  of  ye  Council,  I  can  very 
rarely  make  a  Quorum,  by  reason  of  ye  remoteness  of  some  and 
backwardnesse  of  others.  I  have  nothing  to  trouble  their 
Losps.  with  this  bout  to  recommend  again  our  Protestant  Bill, 
upon  the  approbation  of  which  the  future  security  of  this 
Island  depends.  P.S.  Mr.  Delafay  will  acquaint  you  wth. 
our  alarm  by  a  Spanish  fleet  of  20  large  ships.  I  am  still  in 
the  dark,  tho'  this  prov'd  the  Flota.  Signed,  Ro.  Hunter. 
Endorsed,  Reed.  3rd,  Read  17th  Feb.,  17f&.  Holograph.  1  p. 
[C.O.  137,  18.  ff.  61,  62u.] 


951.     Same  to  the  Duke  of  Newcastle. 
ceding  and  reference  to  letter  to  Delafaye. 


Repeats  gist  of  pre- 
Signed,  Ro.  Hunter. 
C,P.  xxxvi— 33 


514  COLONIAL   PAPERS. 

1729. 

Endorsed,  R.  Feb.  2nd.     Holograph.     1  p.     Enclosed, 

951.  i.  Extracts  of  Minutes  of  Council  and  Council  of  War, 
Jamaica,  Aprjl  6  and  7,  1729. 

951.  ii.  Extracts  from  Governor  Hunter's  letters  Jan.-Sept., 

1729.     [C.O.  137,  53.    ff.  180,  181t;.-184,  l£5-190t;.] 

Oct.  29.  952.  Governor  Hunter  to  Mr.  Popple.  The  ship  staying 
Jamca.  after  her  appointed  time,  I  have  an  opportunity  of  adding  to 
the  former  trouble  a  copie  of  His  Musketish  Maty.'s  letters  to 
me,  wch.  you  may  communicate  to  their  Losps.  He  shall 
have  his  Commissions  in  the  usual  form  and  what  else  may 
keep  him  in  good  humour.  I  have  wrote  to  Mr.  Delafay  at  the 
instance  of  ye  chiefe  folks  here  some  hints  relating  to  ye  Bay 
of  Honduras.  I  durst  not  offer  it  directly  to  their  Losps.,  but 
leave  it  to  you  and  him  to  mention  it  or  let  it  alone,  according 
as  you  judge  the  matter  practicable  or  the  season  proper  and 
am  wth.  truth  Sr.,  Your  very  humble  servant,  Signed,  Ro. 
Hunter.  Endorsed,  Reed.  14th  March,  Read  3rd  June,  1730. 
Holograph,  f  p.  Enclosed, 

952.  i.  Peter,  King  of  the  Musketoes,  to  Governor  Hunter. 

Sandy  Bay,  Oct.  3,  1729.  As  there  has  always  been 
a  good  understanding  between  the  subjects  of  H.M. 
of  Great  Britain  and  the  inhabitants  of  my  Kingdom 
etc.  congratulates  him  on  his  appointment  etc.  Con- 
tinues : — Some  disorders  have  happened  lately  among 
some  of  my  subjects,  inhabiting  the  outskirts  of  my 
Kingdom.  The  King  my  Royal  Brother  lately  dying, 
myself  hardly  settled  on  the  throne  of  my  ancestors, 
the  Governour  also  suddenly  dying,  left  the  Kingdom 
in  such  an  unsettled  condition  as  has  given  some  of 
my  people  an  opportunity  to  rise  in  rebellion  and 
commit  such  outrages  as  I  am  ashamed  to  think  of, 
having  robb'd  the  white  people  living  near  them  of 
all  they  had  in  the  world,  nay  ev'n  of  their  children, 
they  are  at  present  fled  fearing  the  punishment  due 
to  their  crimes.  But  be  assured  I  shall  use  my  utmost 
endeavours  to  settle  these  affairs  to  the  general  satis- 
faction of  the  white  people  resideing  amongst  us,  and 
bring  all  the  offenders  to  condign  punishment  etc.  ; 
in  order  to  which  I  desire  you  should  send  me  Com- 
missions sign'd  with  the  Great  Seal  of  the  Island,  as 
also  one  for  Jn.  Bellawy,  who  I  think  a  proper  person 
to  assist  me  in  the  office  of  Governour  of  the  Southern 
parts  of  my  Dominions,  and  likewise  one  for  Charles 
Holby  in  the  office  of  General  of  my  Forces  and 
overseer  of  the  Northern  parts  of  my  Dominions  etc. 
Signed,  Peter  ye  King  (his  mark).  Endorsed  as  pre- 
ceding. Copy.  1|  pp.  [C.O.  137,  18.  ff.  66,  Q7v- 


AMERICA   AND   WEST   INDIES. 


515 


1720. 
[Oct.  31] 

Council 
Office. 


[Oct.  31]. 


Oct.  [-]. 

Kensington. 


953.  Minutes    of   Privy    Council.     Abstracts  of   Governor 
Hunter's  letters  Jan.  15,  July  17  and  Aug.  9.     Extracts  of  the 
two  latter  were  referred  to  the  Council  of  Trade  etc.     2  pp. 
[C.O.  5,  36.    ff.  1,  It;. 

954.  A  list   of  Governor  Hunter's  letters  and  enclosures, 
15th    Sept.,    1728— 6th    Sept.,    1729.     3   pp.     [C.O.    137,    47. 
No.  16]. 

955.  Duke  of  Newcastle  to  Governor  Hunter.     Instructions 
for  entering  a  noli  prosequi  in  the  case  of  Mr.  Donne  van  if  the 
facts  be  as  stated  by  him  etc.     Endorsed,  not  used.     3£  pp. 
[C.O.  137,  47.     No.  14]. 


Oct.  [ — ].       956.     Rough  draft  of  preceding. 
No.  14  i.] 


PP- 


-O.   137,   47. 


Nov.  6. 

Whitehall. 


Nov.  6. 

Whitehall. 

Nov.  6. 

Squirrel, 
Lisbon. 


957.  Council  of  Trade  and  Plantations  to  Governor  Hunter. 
Enclose   warrant  for  using  new  seal  (v.   Oct.    1st).     You  are 
immediately  to  return  to  us  the  old  seal   etc.     [C.O.  138,  17. 
p.  282]. 

958.  Same  to   Governor  Worsley.     Similar  to   preceding. 
[C.O.  29,  15.     p.  117]. 

959.  Governor  Osborn  to  Mr.  Popple.     The  season  of  the 
year  requireing  me  to  sail  with  the  Trade  bound  to  Portugal, 
I  had  no  oppertunity  of  makeing  any  further  progress  in  settling 
the  civil  magistracy  then  I  gave  an  acct.  of  llth  Oct.,  but  I 
thought  it  was  necessary  to  leave  some  Instructions  (founded 
upon  those  I  had  the  honour  to  receive)  with  Lt.  Col.  Gledhill 
for  his  conduct  while  he  remains  at  Placentia,  and  in  his  absence 
to  the   Commanding  Officer  etc.     Refers  to  enclosures.     What 
has  been  received  from  the  Office  of  Ordinance,  expended,  or 
sold,  I  could  get  no  acct.  of,  (notwithstanding  I  gave  an  order 
to  the  Storekeeper  for  that  purpose)  etc.     Signed,  Hen.  Osborn. 
Endorsed,  Reed.  6th  Dec.,  1729,  Read  8th  April,  1730.     2  pp. 
Enclosed, 

959.  i.  Warrant  by  Henry  Osborn,  "  Governor  and 
Commander  in  Chief  in  and  over  the  Island  of  New- 
foundland in  America,  the  fort  and  garrison  at 
Placentia,  and  all  other  forts  and  garrisons  erected 
or  to  be  erected  in  that  Island,"  to  William  Keen, 
William  Weston  and  Alyn  Southmayd,  Justices  of 
the  Peace,  in  St.  Johns,  directing  them  to  build  a 
prison  and  make  an  estimate  of  a  rate  for  that  purpose. 
St.  Johns  Harbour,  23rd  Aug.,  1729.  Signed,  Hen, 
Osborn.  Copy.  1  p. 


516 


COLONIAL   PAPERS. 


1729. 


Nov.  6. 

Whitehall. 


Nov.  6. 

Barbados. 


959.  ii.  Messrs.  Keen,  Weston  and  Southmayd  to  Governor 
Osborn.  St.  John's,  Aug.  25th,  1729.  Propose  rates, 
as  described  Nov.  12th,  encl.  i,  to  raise  £150  sterl. 
Signed^W.  Keen,  Wm.  Weston,  Alyn  Southmayd. 
Copy.  1  p. 

959.  iii.  Warrant  by  Governor  Osborn,  directing  same  to 
raise  levy  proposed.  St.  John's,  26th  Aug.,  1729. 
Signed,  Hen.  Osborn.  Copy.  1  p. 

959.  iv.  Proclamation  imposing  above  rate.  St.  John's, 
5th  Oct.,  1729.  Signed,  Hen.  Osborn.  Copy.  I  p. 

959.  v.  Warrant  to  Mr.  Justice  Weston,  Roger  Bench  and 
John  Degrave  for  collecting  above  rate  etc.  llth  Oct., 
1729.  Signed,  Hen.  Osborn.  Copy.  If  pp. 

959.  vi.  Specification  of  proposed  prison.  \  p.  Nos.  i—  vi, 
endorsed  as  covering  letter. 

959.  vii.  Instructions  given  by  Governor  Osborn  to  Lt.  Gov. 
Gledhill  and  the  Commanding  Officer  for  the  time 
being.  6th  Sept.,  1729.  (i)  You  are  to  obey  the 
instructions  you  have  received,  or  shall  receive  from 
me.  (ii)  You  and  the  garrison  are  not  to  concern 
yourselves  in  the  Fishery,  interrupt  the  fishermen, 
or  take  any  beaches,  stages  or  cook  rooms,  (iii)  You 
are  to  use  your  utmost  endeavours  to  prevent  illegal 
trade  etc.  (iv)  To  require  obligations  from  New 
England  masters  not  to  carry  away  seamen  and 
handicraftmen  belonging  to  Newfoundland,  and  to 
see  that  such  are  properly  witnessed,  (v)  To  secure 
delinquents  in  the  fort.  (vi)  Report  proceedings. 
Signed,  Hen.  Osborn.  Same  endorsement.  Copy. 
3  pp. 

959.  viii.  Account  of  Stores  of  War  in  Fort  Frederick. 
Placentia,  Sept.  9th,  1729.  Signed,  Charles  Trowe. 
Same  endorsement.  4  pp.  [C.O.  194,  8.  ff.  250- 
252z;.,  253v.-257v.,  259-260i;., 


960.  Duke  of  Newcastle  to  the  Council  of  Trade  and 
Plantations.  Encloses  copies  of  papers  relating  to  the 
suspension  of  Lewis  Morris,  for  their  report.  Signed,  Holies 
Newcastle.  Endorsed,  Reed.  9th  Nov.,  Read  17th  Dec.,  1729. 
1  p.  Enclosed, 

960.  i.  Copy  of  No.  827.  Endorsed,  Read  17th  Dec.,  1729. 
11|  pp.  [C.O.  5,  1055.  ff.  48,  49v.-56v.,  57v.] 

961  .  Governor  Worsley  to  the  Duke  of  Newcastle.  Encloses 
duplicate  of  Sept.  27th,  since  which  he  has  issued  writs  for  a 
new  Assembly  etc.  Continues  :  —  They  were  accordingly  chosen 
the  3d,  and  mett  together  the  4  instant  etc.  Repeats  part  of 
27th  Sept.  Continues  :  —  As  I  have  not  as  yet  had  the  honour 
to  receive  H.M.  commands  in  relation  to  the  law,  the  people 


AMERICA   AND   WEST   INDIES.  517 

1729. 

mett  together  and  have  chosen  the  same  representatives  as  were 
in,  the  last  year,  so  that  I  presume  they  will  still  persist  in  their 
opinion,  that  the  law  is  determined,  at  least  till  H.M.  shall 
be  pleased  to  signifie  to  the  contrary  by  his  order  in  Council 
etc.  Othniel  Haggatt  Esq.  died  in  his  passage  to  Bermuda, 
where  he  intended  to  go,  for  the  recovery  of  his  health 
etc.  Recommends,  to  fill  his  place  in  the  Council,  Thomas 
Maxwell  Esqr.,  son  of  the  late  Thomas  Maxwell  Esq.,  who  was 
many  years  a  member  of  Council.  "  Mr.  Maxwell  is  extreamely 
well  affected  to  the  Crown  in  the  House  of  Hanover,  and  is  a 
gentleman  of  a  very  good  and  clear  estate,"  etc.  Signed,  Henry 
Worsley.  Endorsed,  R.  Jan.  23.  3  pp.  [C.O.  28,  45.  ff. 


Nov.  7.          962.     Governor     Osborn     to     the     Duke     of     Newcastle. 
o.s.  1729.     Duplicate  of  No.  959,  mutatis  mutandis.     Signed,  Hen.  Osborn. 
Endorsed,  R.  6th  Dec.     Holograph.     2%  pp.     Enclosed, 

962.  i-viii.  Duplicates    of   Nos.    959   i-viii.     [C.O.    194,   24. 
Nos.  16,  16  i-viii]. 

Nov.  10.  963.  Thomas  Coram  to  the  Council  of  Trade  and  Plantations. 
London.  Pursuant  to  your  commands  I  here  present  to  your  Lordships' 
consideration,  two  or  three  hints  which  I  most  humbly  conceive 
are  necessary  to  be  observed  in  the  settlement  to  be  made  in 
the  King's  Country  of  Nova  Scotia,  by  a  proposed  colony  of 
German  families  under  the  care  of  Mr.  Daniel  Hintze.  (i)  A 
tract  of  land  ten  miles  square  to  be  laid  out  etc.  (ii)  All  high- 
ways and  principal  streets  not  to  be  less  than  70  feet  wide, 
streight  and  convenient,  to  be  laid  out  by  H.M.  order  and 
recorded  in  their  books  of  the  township,  before  any  division 
of  land  be  made  of  100  acres  to  every  person  who  shall  transport 
himself  thither  under  Mr.  Hintze,  and  to  their  heirs,  if  they  do 
not  forsake  it  etc.  For  their  better  security  against  the  Frenchi- 
fied Indians,  and  [to]  prevent  the  evil  consequences  which  the 
inhabitants  of  New  England  have  allwayes  suffered  under,  by 
settleing  in  an  irregular  stragling  and  unsafe  manner  at  first, 
according  to  every  one  his  particular  averice  or  fancey,  there 
should  not  be  lesse  than  sixty  of  the  German  families  to  settle 
contiguously  at  first  in  each  and  every  village  to  be  by  them 
made  and  settled,  and  not  to  exceed  three  English  miles 
from  one  village  to  another  where  the  land  will  admit  of  it. 
(iii)  In  laying  out  all  lands,  whether  it  be  for  townships  or 
privat  persons,  strict  and  due  regard  to  be  had  for  the  encourage- 
ment and  conveniency  of  industry  and  commerce  on  all  occasions 
etc.,  always  leaving  land  sufficient  free  all  along  by  the  side  of 
all  the  sea-coast,  and  by  the  sides  of  all  navigable  rivers  ;  and 
creeks,  and  by  all  other  waters  which  may  be  navigable  for  a 
space  of  100  feet  in  breadth,  from  all  and  every  part  of  the  sea 
and  other  navigable  water  etc.,  to  remain  free  and  common  for 


518 


COLONIAL   PAPERS. 


1729. 

the  general  conveiiieiicy  of  keys,  wharfes,  common  passage, 
and  other  occasions  of  the  inhabitants.  P.S.  That  all  fishing 
be  free  to  them  and  their  heirs  forever  on  the  sea  coasts  and  on 
all  navigable  rivers  and  other  waters.  Signed,  Thomas  Coram. 
Endorsed,  Reed.  10th,  Read  llth  Nov.,  1729.  2£  pp.  [C.O. 
217,  5.  ff.  123-124*;.] 

Nov.  12.        964.     Governor     Rogers     to     the     Duke     of     Newcastle. 
New         Duplicate,    mutatis   mutandis,    of  following   letter   to    Council 
Providence.    of  Trade<     Signed,  Woodes  Rogers.     Endorsed,  R.  Jan.  25th. 
2  pp.     Enclosed, 

964.  i.  Journal  of  Assembly  of  the  Bahama  Islands,  29th 
Sept.— 8th  Dec.,  1730.  55  pp.  [C.O.  23,  14.  ff. 
145,  145t;.,  146i>.,  148-175.] 


Nov.  12. 
New 

Providence. 


965.  Governor  Rogers  to  the  Council  of  Trade  and 
Plantations.  This  is  the  first  opportunity  I  have  had  directly 
from  hence  to  do  myself  the  honour  of  writing  your  Lordships 
since  my  arrival  which  was  on  the  25th  of  August  after  a  very 
severe  passage.  The  inhabitants  of  these  islands  expressed  a 
a  general  satisfaction  at  the  hearing  my  commission  read  to 
find  that  H.M.  has  been  pleased  to  appoint  an  Assembly,  which 
I  have  thought  it  was  very  necessary  to  call  together  as  soon 
as  possible,  that  we  might  begin  to  make  some  laws,  in  order 
to  encourage  people  from  our  neighbouring  Colonies  to  come 
and  settle  amongst  us,  and  therefore  I  gave  the  usual  notice 
for  calling  an  Assembly,  which  was  chosen  as  well  as  could  be 
expected  out  of  the  present  few  inhabitants  and  some  of  the 
Gentlemen  that  came  over  with  me,  and  met  for  the  first  time 
on  the  30th  Sept.  ;  but  by  reason  of  the  disorders  the  place 
was  in,  occasioned  by  a  violent  hurricane  three  weeks  before 
my  arrival  which  had  blown  down  the  greatest  part  of  the 
houses  on  the  island,  and  an  ague  and  feaver  reigning  ever  since, 
the  Assembly  has  not  been  able  to  sit  and  do  so  much  buisness 
as  was  wanted  in  a  new  Colony,  there  are  twelve  acts  passed 
(v.  encl.  i)  etc.  I  purposed  to  have  transmitted  them  home  by 
this  conveyance,  but  at  this  time  there  are  not  good  hands  in 
health  fit  to  engrosse  them  in  time  etc.  I  am  obliged  to  deferr 
sending  them  till  H.M.S.  Alborough  and  Happy  who  are  now 
in  this  harbour  return  to  S.  Carolina,  which  will  be  in  a  few 
days  to  careen  there  and  provide  such  necessaries  as  they  may 
want  to  continue  amongst  these  islands  to  survey  them,  with 
the  Gulph  and  Windward  passage  according  to  their  orders. 
I  have  thought  it  more  proper  on  account  of  the  condition 
I  found  the  island  in  to  deferr  sending  for  the  Independent 
Company  from  Bermudas  till  the  fort,  guardrooms  and  other 
places  which  are  either  blown  down  or  very  much  out  of  repair 
are  fitted  up  for  their  reception,  which  I  hope  will  be  in  a 
month's  time  when  I  intend  to  send  for  them,  having  already 


AMERICA   AND   WEST  INDIES. 


519 


1729. 


Nov.  12. 

Treasury 
Chambers. 


hired  a  vessell  for  that  purpose,  and  I  hope  by  that  time  we 
shall  be  in  a  better  state  of  health  and  have  some  conveniencies 
for  receiveing  new  inhabitants,  which  I  am  informed  we  shall 
soon  have  from  Bermudas  and  the  Leeward  Islands.  I  don't 
doubt  when  we  get  industrious  people,  such  as  the  Bermudians 
generally  are  and  who  are  well  aquainted  with  these  islands, 
but  we  shall  be  able  to  raise  a  sufficient  quantity  of  provisions 
(which  now  we  are  in  want  of  as  much  or  more  than  we  were 
ten  years  ago)  and  many  comodities  necessary  for  trade  which 
is  now  at  a  very  low  ebb.  My  predecessor  and  his  spouse  are 
still  on  the  island  but  will  depart  for  South  Carolina  in  few 
days.  Your  Lordships  shall  have  a  particular  account  of  the 
state  of  these  islands  and  the  condition  of  the  fortifications 
here,  with  the  proposed  improvements,  this  winter  and  spring 
with  an  exact  account  of  the  number  of  the  inhabitants  etc. 
Signed,  Woodes  Rogers.  Endorsed,  Reed.  27th  Jan.,  Read 
22nd  April,  1730.  2  pp.  Enclosed, 

965.  i.  List  of  Acts  of  Bahamas  passed  1729.     (i)  For  the 

encouragement  of  strangers  and  foreigners  settling 
in  these  islands  ;  (ii)  for  settling  of  claims  and  paying 
of  quit-rents ;  (iii)  for  laying  out  and  regulating 
preserving  and  clearing  publick  common  highways 
throughout  the  island  of  New  Providence  ;  (iv)  to 
prevent  the  destroying  by  fire  all  timber  trees  growing 
on  these  islands  ;  (v)  for  the  better  regulating  and 
governing  negroes  and  other  slaves  ;  (vi)  to  prevent 
the  exportation  of  timber,  plank  and  other  materials 
fit  for  building  of  vessels  to  any  American  Colony  ; 
(vii)  for  levying  divers  sums  of  money  for  defraying 
the  publick  charges  ;  (viii)  for  the  better  laying  out 
the  town  of  Nassau  and  regulating  the  building  of  the 
same  ;  (ix)  to  prevent  damages  done  by  cattle  running 
loose ;  (x)  to  encourage  the  stocking  of  keys  and 
islands  with  cattle  and  to  punish  such  as  destroy  the 
same ;  (xi)  to  encourage  the  planting  of  cotton  on 
these  islands ;  (xii)  to  prevent  the  stealing  and 
destroying  of  fruits  and  other  provisions  being  the 
the  produce  of  these  islands.  Same  endorsement.  1  p. 
[C.O.  23,  2.  ff.  210-212i;.] 

966.  Mr.  Scrope  to  Mr.  Popple.     Encloses  following  for  the 
opinion  of  the  Council  of  Trade  thereon.     Signed,  J.  Scrope. 
Endorsed,    Reed.,  Read  Nov.  13th,  1729.     Addressed.     %rds  p. 
Enclosed, 

966.  i.  Representation  of  Governor,  Council  and  Assembly 
of  New  York  to  the  Lords  Commissioners  of  the 
Treasury.  The  inhabitants  of  this  Colony  having 
generally  applyed  themselves  to  tillage  and  husbandry 
and  bread  and  flower  being  their  staple  commoditys 


520  COLONIAL   PAPERS. 

1729. 

which  at  present  by  the  great  quantity's  thereof 
manufactured  in  this  and  the  neighbouring  colonys, 
are  both  here  and  in  the  West  Indies  reduced  to  so 
low  a  price  as  that  neither  the  merchant  or  farmer 
can  find  his  account  therein,  and  we  having  no  means 
so  open  to  view  for  the  enlargement  of  our  trade  and 
commerce,  as  by  applying  ourselves  to  the  establish- 
ment of  a  Fishery  being  most  commodiously  scituated 
for  the  same  which  nevertheless  we  cannot  presume 
to  attempt  least  the  statute  of  K.  Charles  II.  etc. 
for  the  encouragement  of  trade  confineing  the 
importation  of  salt  to  Newfoundland  and  New  England 
should  at  any  time  be  construed  to  our  disadvantage. 
Pray  for  their  mediation  with  the  Legislature  for  the 
same  privilege  to  be  granted  to  them  as  to  the  Colonies 
abovementioned,  and  to  Pennsylvania  by  a  statute 
of  the  first  year  of  his  present  Majesty.  Connecticut, 
admitted  to  be  a  part  of  New  England,  enjoys  the 
free  importation  of  salt  from  Europe,  whereas  New 
York  is  supposed  to  be  excluded,  although  Nassau 
or  Long  Island  entirely  forms  the  southern  shore  of 
that  arm  of  the  sea,  whereof  Connecticut  does  not 
wholly  compose  the  northern  shore  etc.  Granting  this 
request  will  soon  appear  a  general  benefit  to  Great 
Britain  "by  an  additional  strength  to  the  navigation 
thereof  and  the  greater  consumption  of  the  wollen 
manufactures  as  this  priviledge  will  enable  us  to  make 
more  direct  and  advantageous  returns  for  the  same." 
Signed,  J.  Montgomerie ;  and  9  Councillors ;  Ad. 
Philipse,  Speaker,  and  25  members  of  Assembly. 
Endorsed  as  preceding.  1  large  p.  [C.O.  5,  1055. 
33-35i>.] 

Nov.  12.        967.     Order    of    Committee    of    Council.     The    Council    of 
Whitehall.     Trade  and  Plantations  are  to  report,    by  the  19th,  on  the  Acts 

of  New  York  complained  of  in  following  petition,  and  any  others 

they  may  have  since  received  in  relation  thereto.     Signed,  Ja. 

Vernon.     Endorsed,    Reed.,    Read    Nov.    13th,    1729.     l£  pp. 

Enclosed, 

967.  i.  Petition  of  Merchants  of  London  trading  to  New 
York  in  behalf  of  themselves  and  merchants  and 
factors  in  New  York,  and  of  the  several  manufacturers 
concerned  in  the  fur  trade,  to  the  King.  Complain 
that  several  Acts  passed  there  prohibiting  trade  with 
the  French  in  goods  proper  for  the  Indian  commerce 
have  tended  to  the  ruin  of  trade  with  the  remote 
Indians,  are  destructive  to  the  interest  of  British 
traders  in  general  and  of  New  York  in  particular,  and 
are  a  breach  of  the  Governor's  positive  instructions. 


AMERICA  AND   WEST  INDIES. 


.V21 


172!). 


Nov.  12. 

Whitehall. 


Nov.  12. 

Whitehall. 


Quote  procedure  on  the  Acts  in  1724,  1725  etc.  Explain 
effect  of  the  Acts,  and  request  their  repeal  and  remission 
of  all  fines  and  forfeitures  made  by  virtue  of  them. 
74  signatures,  v.  A.P.C.  III.  No.  1(65.  Copy.  47  pp. 
[C.O.  5,  1055.  ff.  3-27,  28u.] 

968.  Duke  of  Newcastle  to  the  Council  of  Trade  and 
Plantations.  I  herewith  send  you,  by  H.M.  command,  a  copy 
of  a  letter  I  have  received  from  Major-General  Hunter  etc.  H.M. 
would  have  you  examine  the  Acts  of  Assembly  lying  before 
you,  for  encouraging  the  new  settlement  at  Port  Antonio,  and 
make  your  report  upon  them  assoon  as  conveniently  you  can, 
that  no  time  may  be  lost  in  the  carrying  on  of  a  work  which 
the  Governor  represents  to  be  of  such  consequence  to  the 
security  and  improvement  of  that  Colony.  H.M.  has  also 
commanded  me  to  send  you  the  inclosed  copys  of  letters  to  me 
from  Sir  Richard  Everard  Govr.  of  N.  Carolina,  and  from  Mr. 
Porter  Judge  of  the  Admiralty  there,  relating  to  the  disputes 
between  the  Governor  and  the  Secretary  and  some  other  officers 
of  that  Plantation,  into  which  you  will  be  pleased  to  examine 
and  report  the  state  of  the  case  as  it  shall  appear  to  you, 
with  your  opinion  what  is  proper  for  H.M.  to  order  upon 
it.  The  letter  from  Capt.  Osborne  Govr.  of  Newfoundland, 
of  which  I  herewith  transmit  to  you  a  copy,  having  also  been 
laid  before  the  King,  H.M.  ordered  me  to  refer  it  to  your  con- 
sideration how  far  that  Gentn.  has  exercised  the  powers  and 
instructions  entrusted  to  him,  and  what  further  directions  are 
proper  to  be  given  upon  the  several  points  mentioned  in  his 
letter.  Signed,  Holies  Newcastle.  Endorsed,  Reed.  13th,  Read 
26th  Nov.,  1729.  If  pp.  Enclosed, 

968.  i.  Copy  of  No.  896.     Endorsed  as  covering  letter.     3  pp. 

[C.O.  137,  18.    ff.  47,  47i>.,  48z;.-50i;.] 

969.  Council  of  Trade  and  Plantations  to  the  Committee 
of  Privy  Council.     In  obedience  to  your  Lordships'  directions, 
23rd  Oct.,  we  have  prepared  an  Instruction  for  William  Dummer 
Esq.,  Lt.  Govr.  of  the  Massachusets  Bay,  relating  to  the  new 
method    of   raising    money    by    resolves,    instead    of   Acts,  of 
Assembly,    and  to  the  exacting  of  unusual  fees  for  registring, 
and  letpasses  for  ships.     We  have  likewise  in  pursuance  of  your 
Lordships'  orders,  inquired  of  the  Agents  for  the  Assembly  of 
the  Massachusets  Bay,  wt.  steps  have  been  taken  by  the  said 
Assembly  in  complyance  with  H.M.  Instruction,  relating  to  the 
settlement  of  a  salary  on  his  Governor,  or  are  intended  to  be 
taken  by  them,   for  that  purpose,   whereunto  ye  sd.   Agents 
answer'd,  that  they  desir'd  to  be  referr'd  to  the  last  resolutions 
of  their  Assembly,  for  their  intentions  upon  that  subject,  for 
they  had  nothing  new,  to  offer  upon  that  head.     Whereupon 
the  Board  considering  the  importance  of  this  matter,  and  being 


522  COLONIAL   PAPERS. 

1729. 

very  desirous,  if  possible,  that  H.M.  Instructions  so  evidently 
calculated  for  the  interest  of  Great  Britain,  and  for  ye  service 
of  that  Province,  might  obtain  its  proper  effect,  and  appre- 
hending that  the  death  of  Mr.  Burnet  might  possibly  produce 
some  alteration  in  the  state  of  this  affair,  did  adventure  to  offer 
to  the  consideration  of  ye  sd.  Agents  that  since  it  was  agreed 
on  all  hands,  that  their  Assembly  were  by  the  terms  of  their 
Charter  oblig'd  to  make  a  provision  for  their  Governor,  since 
£1,000   per  annum  sterling  had  been  thought  by  their  own 
Assembly,  to  be  a  reasonable  provision  for  that  purpose  ;    and 
since  fix'd  salaries  have  at  several  times  been  provided  by  Acts 
of   Assembly,    for    the    Council    and    Assembly-men    of   that 
Province ;     that   their   Assembly   should   pass    one  genl.  act, 
whereby  a  future  provision  should  be  made  for  their  Govr., 
Council    and    Assembly.       Upon    the    first    starting    of    this 
proposition,  the  Agents  seem'd  to  embrace  the  same  wth.  great 
readyness  ;     but  upon  further  discourse,   and  explanation,   it 
appeared  to  the  Board,  that  some  of  the  acts  for  providing  for 
the  Council  and  Assembly-men  were  about  to  expire,  and  the 
Agents  apprehended  that  they  would  not  for  the  future  be 
renew'd,  but  annually,  so  that  in  effect,  the  intention  of  the 
sd.  Agents  upon  this  head,  appeared  to  the  Board,  to  be,  that 
the  Assembly  would  for  the  future  provide  for  the  Council  and 
Assembly,  as  they  had  done  for  their  Governor  annually,  and 
not  for  their  Governor,  as  they  had  heretofore  done  for  the 
Council   and   Assembly.     Whereupon   in   order   to   bring   this 
matter  to  a  clear  and  certain  issue,  ye  board  desir'd  to  know 
of  the  said  Agents,  whether  they  believed  the  Assembly  of  ye 
Massachusets  Bay  would  come  into  any  such  provision  for  their 
Governor,  as  would  render  him  independant  of  ye  said  Assembly  ; 
to  which  they  answer'd  possitively,  No  ;  for  that  to  their  certain 
knowledge,     Mr.     Burnet     had     attempted     to     engage    the 
Assembly  to  a  three  years  provision  only,  in  private  discourse 
wth.  ye  Members  ;    but  that  the  same  had  been  absolutely 
refus'd.     This  being  the  result  of  our  first  conversation  with 
ye  said  Agents,  we  were  about  to  prepare  a  report  to  your 
Lordships,  upon  the  obstinate  behaviour  of  ye  said  Assembly, 
on  the  great  consequence  of  this  dispute  to  ye  trade  and  interest 
of  Great  Britain,  as  well  as  to  the  authority  of  the  Crown,  and 
on  the  repeated  attempts  the  Assemblies  of  this  Province  have 
made  towards  ye  shaking  off  their  obedience  to  the  Crown,  and 
their   dependence   on   their  mother  countrey,    when   the   said 
Agents  did  once  more  apply  to  us  to  ye  following  effect ;    that 
having  reflected  upon  what  pass'd  the  last  time  they  attended 
this  Board  ;   having  reconsider'd  their  letters,  and  apprehending 
that  ye  death  of  Mr.  Burnet  might  have  abated  the  animosity 
of  this  dispute,  and  have  made  some  alteration  in  the  temper 
of  this  Province  ;   they  were  ready  to  transmit  any  propositions 
to  the  Assembly,  that  this  Board  should  make  to  them,  and 


AMERICA  AND   WEST  INDIES.  523 

1729. 

would,  as  far  as  was  compatible  with  their  stations,  enforce 
the  success  thereof.  Upon  which  the  Board  acquainted  them, 
that  they  would  apply  to  H.M.  for  leave  to  make  them 
a  proposition  in  writing,  and  would  humbly  entreat  H.M.  to 
suspend  his  just  resentment  against  the  Province,  until  such 
time,  as  ye  effect  of  ye  sd.  proposition  should  be  known.  We 
have  accordingly  drawn  up  a  proposal,  which  is  hereunto 
annexed,  and  if  the  same  shall  prove  agreeable  to  yor.  Lordships' 
sentiments,  your  Lordships  will  be  pleased  to  obtain  H.M. 
Commission  that  we  may  deliver  the  said  proposal  to  the 
Agents  of  the  Massachusets  Bay,  with  directions  to  transmit 
it  to  the  Speaker  of  their  Assembly.  Annexed, 

969.  i.  Proposal  submitted  by  the  Council  of  Trade  and 
Plantations  to  the  Committee  of  Council  for  trans- 
mission by  the  Agents  of  the  Massachusetts  Bay. 
The  Lords  Commissioners  for  Trade  and  Plantations 
have  perused  the  several  speeches,  votes,  messages, 
and  answers,  that  have  pass'd  between  Wm.  Burnet 
Esq.,  late  H.M.  Governor  etc.  and  the  Assembly,  upon 
the  subject  matter  of  H.M.  23rd  Instruction  to  Mr. 
Burnet,  wherein  it  is  recommended  to  the  sd.  Assembly 
to  settle  a  fix'd  salary  upon  their  Governor,  and  their 
Lordships  are  sorry  to  observe  that  the  Assembly 
have  not  only  hitherto  refused  to  comply  in  any  sort, 
with  ye  tenour  of  that  Instruction,  but  that  they 
seem  likewise,  in  some  of  their  answers  upon  that 
subject,  to  have  forgotten  that  decency  and  respect, 
which  is  always  due  to  their  Govr.  who  has  the  honour 
to  represent  H.M.  person  in  that  Colony.  The  conse- 
quence of  wch.  proceedings,  if  matters  shou'd  continue 
in  this  state,  must  naturally  be,  that  H.M.  will  find 
himself  under  a  necessity  of  laying  the  undutifull 
behaviour  of  this  Province,  before  the  Legislature  of 
Great  Britain,  not  only  in  this  single  instance,  but  in 
many  others  of  the  same  nature  and  tendency,  whereby 
it  manifestly  appears,  that  their  Assembly,  for  some 
years  last  past,  have  attempted  by  unwarrantable 
practices,  to  weaken,  if  not  intirely  to  cast  off,  the 
obedience  they  owe  to  ye  Crown,  and  ye  dependence, 
which  all  Colonies  ought  to  have  upon  their  mother 
country.  However  as  their  Lordships  do  conceive 
it  is  not  improbable  that  the  frequent  disputes  between 
the  Assembly  and  their  late  Governor,  were  carryed 
to  a  great  height,  and  were  become  almost  intirely 
personal,  might  have  had  some  influence  upon  their 
conduct,  and  have  given  a  wrong  byass  to  their 
determination  in  this  particular,  and  as  their  Lordships 
are  not  without  hopes,  that  upon  cooler  reflection,  the 
people  of  the  Massachusets  Bay,  may  be  brought  to  a 


524  COLONIAL   PAPERS. 

1729. 

juster  sence  of  their  duty,  and  interest ;  they  are  for 
this  time  willing  to  interpose  with  H.M.  in  behalf  of 
the  Province,  that  he  may  be  graciously  pleas'd  to 
suspend  his  just  resentment,  till  their  Assembly  shall 
have  had  one  more  opportunity  of  debating  ye  weight 
of  his  royal  Instruction,  and  the  consequence  that  may 
attend  their  refusal  to  comply  with  so  reasonable  a 
recommendation,  wherein  the  trade  and  interest  of 
Great  Britain  are  more  concern'd,  than  the  authority 
of  the  Crown.  And  in  the  mean  time,  their  Lordps. 
do  propose  to  the  Assembly  of  ye  Massachusets  Bay, 
that  they  do  pass  a  law  whereby  it  shall  be  declared 
that  ye  salary  of  their  Governor  for  ye  time  being, 
shall  be  one  thousand  pounds  pr.  annum  sterling,  clear 
of  all  deductions,  and  that  the  said  salary  be  constantly 
paid  out  of  such  monies  as  shall  from  time  to  time  be 
raised  for  the  support  of  the  Government,  and  defence 
of  ye  inhabitants  of  the  said  Province.  Their  Lord- 
ships have  directed  their  Secretary  to  deliver  this 
proposal  to  Francis  Wilks  and  Jonathan  Belcher  Esqrs., 
Agents  for  the  Assembly  of  the  Massachusets  Bay, 
that  they  transmit  the  same  to  the  Speaker  of  the 
said  Assembly. 

969.  ii.  Draught  of  H.M.  Additional  Instructions  to  William 
Dummer,  Lt.  Governor  of  the  Massachusets  Bay,  and 
to  the  Commander  in  Chief  of  the  said  Province  for 
the  time  being.  Whereas  an  unwarrantable  practice 
hath  of  late  years  been  introduced  into  the  proceedings 
of  the  Assembly  of  Our  Province  of  the  Massachusets 
Bay,  of  raising  money,  and  supplying  the  current 
service  of  the  year,  by  a  vote  or  resolve,  instead  of 
an  Act  of  Assembly,  and  of  reserving  thereby  to  the 
said  Assembly  a  power  of  determining  what  accompts 
shall,  or  shall  not  be  paid  even  after  the  services  per- 
formed, expressly  contrary  to  ye  tenour  of  the  Charter 
granted  to  this  Province  by  Our  royal  predecessors 
King  William  and  Queen  Mary,  whereby  they  are 
impower'd  to  raise  monies  for  the  support  of  Our 
Government,  and  for  ye  defence  of  ye  inhabitants, 
by  act,  or  acts  of  Assembly  only  ;  and  the  issuing  of 
the  said  money,  when  rais'd,  is  expressly  reserv'd  to 
Our  Governour  for  the  time  being,  with  the  advice  and 
consent  of  Our  Council,  of  the  said  Province.  Now 
Our  will  and  pleasure  is,  and  We  do  hereby  require  you 
to  take  care  for  the  future,  that  no  mony  be  raised, 
or  bills  of  credit  issued  in  that  Our  Province  of  ye 
Massachusets  Bay,  but  by  act,  or  acts  of  Assembly  ; 
in  wch.  act,  or  acts,  one  or  more  clauses  of  appro- 
priation may  be  inserted,  but  that  the  issuing  of  all 


AMERICA  AND   WEST  INDIES. 


525 


1729. 

monies  so  raised,  or  bills  of  credit,  be  left  to  Our 
Governour  or  Commander  in  Chief  of  Our  said 
Province,  with  the  advice  and  consent  of  Our  Council, 
according  to  their  Charter,  subject  nevertheless  to  a 
future  inquiry  of  the  then  present,  or  any  other 
Assembly,  as  to  ye  application  of  such  monies.  And 
whereas  complaint  hath  been  made  to  us,  that  Our 
trusty  and  well-beloved  William  Burnet  Esq.  late 
Governor  of  Our  said  Province,  did  exact  certain 
illegal,  and  unaccustomed  fees  on  shipping ;  Our 
further  will  and  pleasure  is,  and  We  do  hereby 
strictly  command,  that  neither  you,  Our  sd.  Lieutenant 
Governor,  nor  any  succeeding  Governor,  or  Commander 
in  Chief,  of  Our  said  Province,  do  presume  to  exact 
or  demand,  any  other  fees,  than  what  are  legal,  and 
have  been  customarily  taken  by  the  Governors,  or 
Commanders  in  Chief  for  registring  of  ships,  and  for 
lettpasses,  on  any  pretence,  or  account  whatsoever. 
[C.O.  5,  916.  pp.  210-220  ;  and,  copy  of  end.  i.  only, 
5,752.  No.  40.] 

Nov.  13.        970,     Mr.  Popple  to  John  Oxenford,  Asst.  Inspector  General 
Whitehall,     of  H.M.   Customs.     Requests  returns  of  annual  imports  and 

exports  to  and  from  New  York  since  Xtmas,  1723,  by  Tuesday 

morning.     [C.O.  5,  1125.     p.  181.] 

Nov.  13.         971.     Same  to  Mr.  Fane.     Encloses  12  Acts  of  New  York 
Whitehall,     for  his  opinion  in  point  of  law  and  requests  report  by  Monday 
on  that  for  continuing  acts  for  discharging  the  present  demands 
on  the  trading  house  at  Oswego.     [C.O.  5,  1125.     pp.  132-135.] 

Nov.  14.  972.  Governor  Hunter  to  Mr.  Popple.  This  is  only  to 
Jamca.  acquaint  you  with  the  death  of  Mr.  Forbes  one  of  the  Council. 
This  is  a  sensible  losse  to  this  Island  and  more  particularly  to 
me.  I  have  formerly  recommended  to  their  Losps.  in  case 
of  vacancys  there,  WTm.  Nedham  Esq.,  Mr.  Charlton  and  Mr. 
Henderson,  but  must  know  men  better  before  I  make  any 
addition  to  my  recommendation.  You  can  not  imagine  the 
difficulty's  I  lye  under  by  the  non-attendance  of  ye  Gentlemen 
of  the  Council,  wt.  much  a  do  I  gett  together  a  Quorum  once 
in  half  a  year  perhaps,  and  ev'n  then  I  can  not  keep  them  in 
town  above  a  day.  I  beg  that  their  Losps.  may  at  least  gett 
the  vacancys  supply'd  as  they  fall  out  and  add  a  supernumerary 
as  in  other  Provinces  etc.  Signed,  Ro.  Hunter.  Endorsed, 
Reed.  — ,  Read,  17th  Feb.,  17$$.  Holograph.  1  p. 

[C.O.  137,  18.    ff.  63,  681;.] 

Nov.  14.        973.     John  Gyles  to  [?  Col.  Jeremiah  Dunbar].     On  ye  furst 

St.  George's  currant  Wenogenet  ye  Chief  of  ye  Panobscut  tribe  and  other 

princable  Indians   gave  me  a  visett  etc,     I  reherst  sum  part  of 


526 


COLONIAL   PAPERS. 


1729. 


Nov.  15. 

St.  George's 
Fort. 


Nov.  15. 

Portsmo. 
N.  England. 


your  honourable  letter  to  them  and  assuered  them  you  did 
not  propose  to  plant  further  then  St.  George's  Rivver  at  present, 
only  ye  timbers  for  mast  etc.  as  far  as  Pasmaquady  etc. 
(Whereat)  they  seemed  to  look  with  new  faces,  they  being 
informed  before  by  sum  whitts  and  others  that  ar  enimies  to 
ye  planning  these  parts  etc.  that  your  honour  was  com  to 
hinther  them  of  all  thier  priviliges  to  Pasmaquady  etc.  Your 
honour  and  others  that  ar  well  wishers  to  ye  settling  this 
Continant  wth.  a  Protistant  people,  will  meet  wth.  sum  apposers, 
it  is  a  great  work  your  honour  has  unthertaken  (but  God  is  all 
sufficient)  and  affears  look  with  a  fairer  prospect  for  settle- 
ments etc.  Will  use  his  influence  to  pacific  the  Indians  etc. 
Signed,  John  Gyles.  Holograph.  1  p.  [C.O.  5, 10.  ^Vo.  23.] 

974.  Same  to  Same.  Encloses  following,  "  and  pray  pardon 
ye  pen  man  he  being  nin  years  in  captivity  and  brought  up  in 
ye  woods  when  he  should  have  had  scool  laming  "  etc.  Thinks 
that  some  things  were  misinterpreted  to  the  Indians  when  they 
paid  him  a  visit.  "  The  Messengor  is  return'd  from  Caneday 
and  Ye  Governr.  thier  advises  ye  Indians  to  live  in  frindship 
with  ye  English "  etc.  Signed,  John  Gyles.  Endorsed,  in 
Col.  Dunbar's  letter  of  Dec.  30,  1729.  1  p.  ^Enclosed, 

974.  i.  Chiefs   of    the   Penobscut  Indians    to  Col.   Dunbar. 

St.  Georges,  Nov.  14,  1729.  We  heard  your  letter  etc. 
and  like  it  well  and  we  hear  you  ar  planted  at  Pema- 
quid,  it  was  unknown  to  us  but  since  you  ar  settling 
ye  old  settlements  we  concent  to  it,  and  not  to  exceed 
ye  old  boundarys  of  Pamaquid.  We  ar  well  pleased 
to  hear  of  your  observing  the  articles  of  peace  made 
between  us  and  ye  Massachusets  Bay.  Good  freind 
you  say  you  ar  imploied  by  H.M.  King  George, 
if  you  pass  St.  George's  River  we  shall  be  uneasy  etc. 
Four  Totem  marks.  Overleaf,  we  wright  to  you  Colo. 
Dunbar,  the  new  Gent,  man  att  Pamaquid.  1  p. 
[C.O.  5,  10.  Nos.  24,  25.] 

975.  Lt.  Governor  Wentworth  to  the  Council  of  Trade  and 
Plantations.     Begins    with    duplicate    of  7th    Sept.     Encloses 
Minutes  of  Council  and  of  Assembly  to  15th  May  and  account 
of  stores  of  war.     Continues  : — I  am  still  complaining  for  want 
of  stores,  our  stock  being  very  small.     I  yet  live  in  hopes  a  good 
peice  wth.  Spain  will  give  us  some.     I  hope  our  Agent  Mr. 
Newman  will  apply  himself  properly  to  the  Ministry  at  home. 
Acknowledges    letter    of   28th    May.     Continues : — I    shall    do 
everything  in  my  power  to  assist  Collo.  Dunbar  etc.     He  has 
gone  to  the  Eastward,  and  sett  down  at  a  place  called,  Penne- 
quid,  where  we  formerly  had  a  strong  fortification,  but  the 
country  to  save  charges  gave  the  command  to  a  scrub  fellow, 
who  in  the  late  war  (about  1702)  had  for  some  years  been 
serjent,  and  a  French  man  of  war  of  40  gunns  demolished  it, 


AMERICA   AND   WEST   INDIES.  527 

1729. 

and  I  well  remember  the  reason  why  it  was  not  rebuilt  was,  the 
Massachusets  suppos'd  it  belong' d  to  the  Crown  etc.  I  very 
well  approve  of  Collo.  Dunbar's  settling  first  at  Pennequid, 
and  rebuilding  that  fort,  it  may  be  means  of  keeping  the  Indians 
at  peace,  and  thereby  giving  him  an  opportunity  of  settling 
downward  as  he  sees  fitt.  This  land  ten  miles  or  more  up  the 
river  is  fine  land,  and  good  harbour.  I  hear  Collo.  Dunbar  is 
very  expeditious,  and  in  case  the  season  proves  moderate,  he 
will  soon  be  strong  enough  to  defend  himself  from  the  Indians, 
it's  a  very  fine  country  down  as  far  as  Mount  Desert,  or  the 
Bay  of  Funda,  and  provided  the  Collo.  settles  strong  on  that 
coast,  the  Indians  in  a  few  years  will  be  obliged  to  quitt  that 
country,  or  come  into  their  living,  as  the  English  do,  for  the 
settlements  will  drive  all  hunting  far  from  them,  and  I  don't 
know  but  a  just  treatment  of  them  in  all  our  trade  will  bring 
them  to  be  our  friends.  I  hope  Col.  Dunbar's  coming,  and 
alteration  of  former  act,  may  pritty  well  answer,  in  case  the 
officers  do  their  duty,  there  has  been  no  complaint  as  yet ; 
I  have  by  Coll.  Dunbar's  desire  issued  forth  proclamations 
forbiding  all  persons  going  into  the  woods,  to  fell  any  pine 
trees  untill  further  orders.  The  officers  have  been  diligent 
since  their  arrival,  and  I  hope  things  will  be  founded  on  a  better 
footing  then  before,  and  if  I  should  at  any  time  see  any  mis- 
management in  respect  to  the  woods,  if  I  cant  prevent  it,  I 
shall  always  think  it  my  duty  to  acquaint  your  Lordships 
thereof.  Signed,  Jno.  Wentworth.  Endorsed,  Reed.  29th 
Jan.,  17f7r,  Read  9th  June,  1731.  2|  large  pp.  Enclosed, 
975.  i,  ii.  Accounts  of  stores  of  war  spent  and  remaining  at 
Fort  William  and  Mary,  N.H.,  28th  May,  1728  and 
15th  Nov.,  1729.  Signed,  J.  Wentworth.  Endorsed, 
Reed.  29th  Jan.,  17M.  2  pp.  [C.O.  5,  872.  ff. 
162-163i;.,  1640.^1650.] 

Nov.  17.  976.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Reply  to  13th  Nov.  upon  act  of  New  York  for  continuing  and 
enforcing  the  Acts  therein  mentioned  for  discharging  the  present 
demands  on  the  trading  house  at  Oswego  by  borrowing  money  of 
the  Excise  till  25th  Dec.,  1733,  for  continuing  some  duties  and 
augmenting  others  until  that  time,  for  regulating  those  duties  and 
the  trade  at  Oswego  for  the  gradual  repayment  of  money  borrowed 
of  the  Excise,  and  for  reducing  former  fines,  if  voluntarily  paid 
within  the  time  therein  limitted.  He  has  had  no  opportunity  of 
considering  the  acts  referred  to  by  it,  but  on  the  face  of  it  it 
is  liable  to  objections,  (i)  Persons  who  do  not  appear  before  the 
Commissioners  on  the  third  summons  or  refuse  to  take  the  oath 
appointed  in  a  former  act  is  adjudged  convict  of  having  traded 
with  the  French  contrary  to  the  law  of  the  Colony.  This  is 
very  extraordinary  and  against  law,  as  it  obliges  persons  by 
their  own  confession  to  accuse  and  subject  themselves  to  a 


528  COLONIAL   PAPERS. 

1729. 

penal  law  or  else  to  be  under  the  greatest  temptation  of  perjury, 
and  this  on  their  being  barely  suspected  ;  in  case  of  non- 
appearance,  they  may  be  subjected  to  penalties  without  the 
least  knowledge  they  were  summoned,  the  act  not  making  it 
necessary  the  summons  should  be  personally  served  ;  if  they 
do  appear  and  refuse  to  take  the  oath  when  tendered,  tho'  not 
accused  on  oath  or  otherwise  of  any  breach  of  the  laws  they 
are  to  be  judged  convict  etc.  (ii)  By  this  act  on  conviction  by 
a  warrant  from  the  Commissioners  in  a  summary  way,  without 
any  legal  trial  or  judicial  determination,  to  the  Sheriffe,  the 
Sheriffe  is  required  within  two  months  to  seize  all  the  reall  and 
personal  estate  of  all  and  every  the  persons  so  adjudged  convict 
etc.,  and  if  no  estate  be  found,  then  to  seize  their  persons  etc. 
and  commit  them  to  the  common  goale  till  the  fines  paid  etc., 
which  power  is  a  most  extraordinary  one  tending  to  deprive 
persons  of  their  inheritance  their  property  and  liberty  and 
that  without  any  tryal  by  a  jury  or  any  legal  determination 
etc.,  and  under  this  act  an  estate  of  10  or  £20,000  may  be 
alienated  for  ever  to  satisfie  a  fine  of  £300,  the  act  directing 
the  whole  real  or  personal  estate  to  be  sold,  (iii)  The  books 
kept  by  these  Commrs.  when  collated  and  signed  are  to  be 
lodged  one  in  the  Secretary's  Office  and  the  other  to  remain  at 
Albany,  and  both  are  enacted  to  be  matter  of  record  against 
wch.  there  shall  be  no  averment.  This  seems  to  be  a  most 
illegal  and  arbitrary  clause  and  it  is  stripping  the  subject  in  an 
unpresidented  manner  of  his  right  of  defence  and  if  compared 
with  the  preceding  part  of  the  act  is  vesting  an  absolute  power 
in  any  two  of  these  Commissioners  over  the  liberty,  estates 
and  whole  property  of  the  Province,  (iv)  A  single  Justice  of 
the  Peace  is  empowered  and  required  to  determine  all  differences 
between  the  New  York  and  Indian  traders  at  Oswego  and  his 
judgmt.  to  be  final,  and  this  without  limitation  as  to  the  value 
and  on  non-complyance  therewith  the  person  agt.  whom  such 
judgmt.  is  given  is  to  forfeit  £10  and  a  certificate  of  the  facts 
under  the  hand  of  the  Justice  is  to  be  allowed  sufficient  proof 
on  wch.  to  recover  the  sd.  forfeiture  of  £10.  This  is  a  most 
arbitrary  power  and  without  precedent  etc.  (v)  All  strouds 
are  declared  liable  to  duties  laid  by  former  acts.  This  is  I 
think  passed  in  breach  of  the  Governor's  instruction  by  wch. 
he  is  forbid  to  pass  any  act  laying  a  duty  on  the  importation 
of  European  comodities  and  in  direct  opposition  to  several 
Acts  of  Parliament  for  encouraging  the  exportation  of  manu- 
factures etc.  Signed,  Fran.  Fane.  Endorsed,  Reed.,  Read 
18th  Nov.,  1729.  2f  pp.  [C.O.  5,  1055.  ff.  44-45i;.] 

Nov.  17.         977.     Account  of  annual  imports  and  exports  from  and  to 

Custom-      New    York.     Xtmas     1723-8.     Imports :      £21,191      2*.     3d.  ; 

(London)       £25,316  18s.  9d.  ;     £38,307  17*.  lOd  ;     £31,617  8*.  Id.  ;   £21,003 

12s.    lid.     Exports :     £63,020    0*.    9d.  ;    £70,650    8*.  ;    £84,850 


AMERICA   AND   WEST   INDIES. 


529 


1720 


Nov.  19. 

Whitvhall. 


Nov.  19. 

St.  James's. 


Nov.  19. 

Whitehall. 


Nov.  19. 

Whitehall. 


185.  ;  £67,373  6s.  3d.  ;  £78,561  6s.  4d.  Signed,  John  Oxenford, 
A.  I.  Genl.  Endorsed,  Reed,  (from  Mr.  Oxenford),  Read  Nov. 
18,  1729.  I  p.  [C.O.  5,  1055.  ff.  46,  47u]. 

978.  Council   of  Trade   and   Plantations   to  the   Duke   of 
Newcastle.     Enclose  copy  of  Lt.  General  Mathew's  letter  (14th 
Sept.)  signifying  the  death  of  Lord  Londonderry  etc.    Autograph 
signatures.     1  p.     [C.O.  152,  40.     No.  26  ;  and  153,  15.     p.  36.] 

979.  Order  of  King  in  Council.     Approving  Representation 
of   Board   of  Trade,   and   ordering  an   additional   Instruction 
to  the   Governor  of  the  Leeward  Islands,  relating  to  English 
Harbour  in  Antigua,  to  be  prepared.    Signed,  Edward  Southwell. 
1  p.     Endorsed,    Reed.    30th    May,    Read    4th    June,    1730. 
1  p.     Enclosed, 

979.  i.  H.M.   Additional  Instruction  to  Governor  the  Earl 

of  Londonderry.  Referred  to  in  preceding.  St.  James's. 
21st  Nov.,  1729.  [C.O.  152,  17.  ff.  144,  145i;.  (without 
enclosure);  and  5,  192.  ff.  42,  43-45.] 

980.  Council  of  Trade  and  Plantations  to  the  Committee 
of  the  Privy  Council.     Abstract.     Pursuant  to  orders  of  12th 
inst.,  report  upon  acts  of  New  York  prohibiting  the  sale  of  goods 
proper  for  the  Indian  Trade  to  the  French  at  Canada.     Refer  to 
report  of  16th  June,  1725,  and  repeat  objections  there  stated. 
All  the  acts  passed  since  relating  to  this  matter  are  liable  to 
the  same  objections,  and  likewise  to  several  others,  such  as 
entrusting  too  great  powers  in  the  hands  of  the  Commissioners 
appointed  to  put  those  acts  in  execution,  as  also  in  the  farmers 
of  this  revenue  etc.,  who  have  authority  to  search  at  all  times 
and  in  all  places,  by  day  or  by  night,  for  certain  species  of  Indian 
goods,  without  being  obliged  to  take  any  peace  officer  with 
them  in  such  searches,  tho'  the  said  farmers  are  to  gain  one 
moiety  by  the  confiscation  etc.     Propose,  therefore,  repeal  of 
the  six  acts  passed  since  their  report  of  16th  June,  1725,  for 
regulating  the  Indian  trade  etc.     Conclude  :  But  we  have  always 
apprehended  the  prohibition  of  such  commerce  with  the  French 
there,  to  be  of  very  great  importance,  and  that  the  security  of 
the  British  Plantations  in  those  parts,  is  highly  concerned  in 
the  event  of  this  dispute.     Printed,  N.Y.   Col.  Doc.  V.    pp. 
897-9.     [C.O.  5,  1125.     pp.  135-140.] 

981.  Mr.  Popple  to  John  Scrope,  Secretary  to  the    Lords 
of    the    Treasury.      Reply    to    Nov.    12th.     q.v.      My    Lords 
Commissioners  apprehend  the  people  of  New  York  are  as  justly 
entituled   to   this   indulgence,    as   those   of  New   England   or 
Pennsylvania,  and  have  no  objection  to  the  representation  of 
the  Governor,  Council  and  Assembly  etc.    [C.O.  5, 1125.    p.  141.] 

C.P.  xxxvi— 34 


530 


COLONIAL   PAPERS. 


1729. 

Nov.  19.  982.  Order  of  King  in  Council.  The  Lords  Commissioners 
St.  James's,  for  Trade  and  Plantations  are  to  prepare  Instructions  for  all 
H.M.  Governors  abroad  to  be  aiding  and  assisting  the  Collectors 
there  of  the  6d.  per  month  from  seamen's  wages  for  the  Royal 
Hospital  at  Greenwich  pursuant  to  the  Act  of  Parliament  and 
to  annex  to  each  draught  of  Instruction  a  printed  copy  of  the 
Instructions  to  Deputy  Receivers  etc.  Signed,  Edward  South- 
well. Endorsed,  Reed.  21st  Nov.,  Read  2nd  Dec.,  1729.  1|  pp. 
Enclosed, 

982.  i.  Instructions  to   Receivers  referred  to  in   preceding. 
Printed.     4  pp.     [C.O.  323,  9.    ff.  20-22i;.,  23u.] 

Nov.  19.        983.     Order    of   King    in    Council.     Confirming  Act  of  the 

st.  James's.    Leeward  Islands  to  invest  certain  lands  in  H.M.  for  the  use  of 

H.M.    ships   of  war.     Signed,    Edward   Southwell.     Endorsed, 

Reed.  30th  May,  Read  4th  June,  1730.     If  pp.     [C.O.  152,  17. 

ff.  142, 


Nov.  19.        984.     Order  of  King  in   Council.     Confirming  Act  of  the 
st.  James's.    Leeward  Islands  for  granting  £600  pr.  ann.  to  Governor  the  Earl 

of  Londonderry  etc.     Signed  and  endorsed  as  preceding.     If  pp. 

[C.O.  152,  17.    ff.  146,  146z>.,  1470.] 

[Nov.  19].  985.  [Mr.  Belcher  to  Mr.  Popple].  The  method  of  erecting 
townships  in  New  England.  Since  the  granting  of  the  Charter 
of  the  Massachusets  Bay,  1625,  it  has  been  gradually  growing 
into  towns,  which  originate,  and  proceed  generally  in  this 
manner  ;  When  a  town  grows  numerous,  and  the  inhabitants 
think  themselves  strait'ned  for  land,  a  competent  number 
petition  the  General  Assembly  for  a  suitable  tract  of  what  we 
call  waste  land,  sometimes  5,  sometimes  10  or  12  miles  square  ; 
but  7  miles  square  is  judg'd  a  good  township,  and  a  grant  is 
commonly  made  to  40  families,  to  be  settled  compact,  40  acres 
to  each  family,  for  what  is  called  a  home  lott,  in  the  centre  of 
the  town  ;  the  other  lands  to  be  equally  set  out  among  the 
grantees  :  And  it's  customary  for  ye  Governmt.  to  reserve  to 
the  Ministry,  and  a  Grammar  School,  each  a  lott,  for  ever  ; 
and  another  to  a  first  Minister,  to  incourage  him  to  settle  with 
a  new  town  ;  and  at  ye  beginning,  these  inhabitants  have  only 
the  privilege  of  being  a  precinct  under  the  care  and  direction 
of  a  Committee  appointed  by  the  General  Assembly,  and  some- 
times in  seven,  and  sometimes  in  ten  years,  upon  proper 
application  to  the  Assembly,  and  the  Committee  (under  whose 
care  they  are)  certifying,  it  is  reasonable,  they  are  erected  into 
a  town,  by  being  infranchis'd  with  all  the  liberties,  rights  and 
immunities  belonging  thereto  etc.  The  lands  thus  granted  are 
free  of  all  quit-rents,  or  other  incumbrances  whatsoever,  being 
a  good  fee  simple  ;  and  the  onely  expence  to  the  Proprietors, 
is,  that  of  the  first  survey,  and  the  subsequent  charge  of  the 


AMERICA   AND   WEST  INDIES. 


531 


1729. 


Nov.  20. 

Whitehall. 


Nov.  22. 

Whitehall. 


Nov.  22. 

New  York 
in  America. 


Nov.  22. 

New  York. 


Committee's  meeting  from  time  to  time,  till  they  stand  on  their 
own  leggs.  Endorsed,  Reed.,  Read  19th  Nov.,  1729.  2  pp. 
[C.O.  5,  870.  ff.  287,  2S7v.,  288*;.  ;  and  5,  916.  pp.  221,  222.] 

986.  Duke  of  Newcastle  to  the  Council  of  Trade  and 
Plantations.  Encloses  following,  for  their  report  and  opinion 
upon  this  letter  and  what  he  has  written  to  the  Board,  what 
directions  are  proper  to  be  sent  to  Mr.  Dunbar,  and  whether 
it  would  not  be  advisable  that  he  should  endeavour  to  prevail 
with  those  who  are  to  make  new  settlements  to  place  them  at 
a  convenient  distance  from  one  another.  Signed,  Holies 
Newcastle.  Endorsed,  Reed.  21st,  Read  25th  Nov.,  1729.  1  p. 
Enclosed, 

986.  i.  Copy  of  No.  932.     [C.O.  217,  5.   ff.  127-131u.,  133i>.] 

987.  Lord    Townshend    to    the    Council    of    Trade    and 
Plantations.     H.M.    having   been   pleased   to   appoint   Robert 
Johnson  Esqr.  to  be  Governor  of  South  Carolina,  draughts  of 
his  Commission  and  Instructions  are  to  be  prepared  for  H.M. 
approbation  etc.     Signed,  Townshend.     Endorsed,  Reed.  22nd 
Nov.,  Read  2nd  Dec.,  1729.     1  p.     [C.O.  5,  361.    ff.  32,  881;.] 

988.  Mr.    Bradley    to    the    Duke    of    Newcastle.       The 
Assembly's  of  this,  and  other  neighbouring  Provinces,  seeming, 
at  the  same  time,  to  aim  at  an  independancy  of  the  Crown  ; 
I  thought  it  my  indispensible  duty  etc.  to  represent  these  things  ; 
(and  the  steps  they  take)  to  H.M.  Council ;   the  Lords  of  Trade, 
and,  that  a  matter  of  this  importance  may  not  fail  to  be  speedily 
consider'd  for  H.M.   service,   I  have  presum'd  to  send  these 
papers  to  your  Grace  ;    who,  I  humbly  pray,  will  be  pleas'd  to 
recommend   them   to   their   Lordships'    speedy   consideration  ; 
together  with  the  inclos'd  memorial  to  their  Lordships,  by  the 
Governour  and   Council ;     (haveing  no  one  to  sollicit  them). 
And  that  your  Grace  will  be  pleas'd  to  lay  before  H.M.,  my 
Royal  Master  ;    the  inclosed  representation,  by  the  Governour 
and  Council  to  his  Majesty,  the  first  of  them  arriveing  when 
his  Majesty  was  abroad.     Signed,  Richd.  Bradley.     Endorsed, 
R.    8   Jan.     If  pp.     Without   enclosures.     [C.O.    5,    1093.    ff. 
126,  126t;.,  1270.] 

989.  Humble  Representation  of  Richd.  Bradley  Esq.  H.M. 
Attorney  General  of  New  York  to  the  Council  of  Trade  and 
Plantations.     The  Assembly  have  by  the  two  last  Acts  relating 
to  Oswego,   Sept.,   1728  and  July,   1729,  attempted  to  remit 
many  fines  and  forfeitures  which  had   become  due  to  H.M. 
for  offences  against  former  acts  relating  to  trading  with  the 
French    at    Canada,    and    appointed    persons    of    their    own 
nomination  for  the  recovery  of  fines  and  forfeitures.       From 
some   of  which   persons   several   considerable   forfeitures   had 


532  COLONIAL   PAPERS. 

1729. 

become  due  to  H.M.  Which  Acts  are  therefore,  in  my  humble 
opinion,  highly  injurious  to  H.M.  prerogative  and  interest  etc. 
Proposes  their  repeal.  The  very  long  and  considerable  arrear 
of  H.M.  quit-rents  is  owing  to  that  great  caution,  that  has 
been  formerly  used,  not  to  displease  Assemblymen ;  from 
whom,  and  their  friends  (of  wch.  number  are  all  those  that  do 
but  vote  for  their  elections)  the  greater  part  of  such  arrears 
are  due  etc.  If  duly  paid,  the  quit-rents  would  be  nearly 
sufficient  to  pay  the  officers  under  the  Governor  etc.  As 
Assemblies  have  so  great  an  influence  here,  questions  whether 
they  ought  to  be  entrusted  with  so  much  power,  and  "  whether 
it  wd.  not  be  safest  for  H.M.  interest,  that  their  bills,  before 
any  of  them  are  passed  into  laws,  should  be  perused  and  certif yed 
(by  such  persons,  and  at  such  reward  as  H.M.  shall  be  pleased 
to  direct)  that  there  is  nothing  contain'd  in  them,  that's  preju- 
dicial to  H.M.  interest "  etc.  Refers  to  his  memorial  against  the 
Oswego  Act,  (encl.  i)  etc.  "  But  against  the  Oswego  bill  of  July, 
1729,  I  did  not  present  any  memorial,  finding  the  other  had 
no  effect,  and  the  necessity  wch.  the  Government  here  is  under 
at  present  of  complying  with  Assemblys "  etc.  Suggests  that 
the  salaries  of  H.M.  Officers  should  be  fixed  by  Act  of  Parlia- 
ment, "  so  as  to  defeat  all  intentions  to  starve  them,  (wch. 
some  of  them  have  been  threaten'd  with),  and  to  render  them 
entirely  independant  of  the  people,  least  the  people  should 
become  independant  of  the  Crown.  Which  God  forbid  "  etc. 
Set  out,  N.Y.  Col.  Doc.  V.  pp.  899-901.  Signed,  R.  Bradley. 
Endorsed,  Referr'd  to  in  D.  of  Newcastle's  letter  of  7  March, 
Read  2nd  Sept.,  1730.  2  pp.  Enclosed, 

989.  i.  Memorial  by  Mr.  Bradley  to  the  Governor  in  Council. 
9th  Sept.,  1728.  By  the  Act  for  defraying  the  charges 
of  the  trading  house  at  Oswego  etc.,  Nov.  1727,  the 
Attorney  General  is  directed  to  prosecute  offenders 
under  it.  The  Mayor,  Recorder  and  Aldermen  of 
Albany  have  owned  that  they  have  not  obeyed  its 
directions,  and  have  administered  an  oath  contrary  to 
the  form  prescribed  by  it.  They  have  thereby  forfeited 
each  of  them  £400  and  rendered  themselves  liable  to 
be  prosecuted  for  administering  an  arbitrary  oath  etc. 
The  Attorney  General  has  taken  a  great  deal  of  pains 
in  order  to  prosecuting  offenders  under  said  act,  but 
understands  that  the  Assembly  is  now  preparing  a 
bill  to  alter  its  tenor,  and  the  ordinary  method  of 
prosecuting  the  offenders  by  H.M.  Attorney  General. 
As  H.M.  is  already  entitled  to  many  fines  and  forfei- 
tures from  divers  offenders  against  the  act,  and  it  is 
memorialist's  right  to  prosecute  them,  hopes  that 
consent  will  not  be  given  to  the  bill.  Memorialist  has 
received  no  salary  for  four  years,  and  has  not  been 
paid  for  prosecuting  by  order  of  the  Supreme  Court 


AMERICA   AND   WEST   INDIES.  533 

1729. 

etc.  forgers  of  bills  of  credit  and  other  offenders  for 
above  five  years  etc.  Prays  that  some  means  of  paying 
him  be  found  etc.  Signed,  R.  Bradley.  Endorsed  as 
preceding.  Copy.  2  pp. 

989.  ii.  Case  by  the  same  hand  as  the  annexed  is  [Ed.  R. 
Bradley]  relating  to  Assemblys  in  Plantations 
aiming  at  an  independancy  of  the  Crown.  Abstract. 
Most  of  the  previous  and  open  steps  which  a 
dependant  Province  can  take  to  render  them- 
selves independant  at  their  pleasure,  are  taken 
by  the  Assembly.  They  have  all  long  struggled 
for,  and  at  last  gained  their  point,  vizt.  ;  that  salarys 
of  all  the  officers  of  the  Crown  should  be  such  as  they 
are  pleased  to  vote  ;  sometimes  raising,  sometimes 
lowering,  and  at  other  times  taking  away  intirely  their 
salaries,  as  they  happen  to  be  in  the  good  or  bad  graces 
of  the  Assembly.  Refers  to  Minutes  of  Council  and 
Assembly  from  Gov.  Burnet's  time.  Continues : — 
As  the  bread  of  these  officers  depends  on  the  Assembly, 
so  the  officers  themselves  must  do,  and  there  will,  in 
a  little  time,  be  no  one  to  oppose  any  steps  the 
Assembly  think  fit  to  take,  towards  an  independancy. 
They  have  threatened  with  expulsion  etc.  any  of  their 
own  members  that  should  disclose  the  secrets  of  their 
House.  They  have  taken  away  from  their  Clerk  his 
salary  of  £80  formerly  paid  him  by  the  Crown,  out  of 
their  Revenue,  and  voted  him  125.  per  day,  and  that 
only  while  they  sit  etc.  Which  salary  no  doubt  will 
be  lessened  or  increased,  according  to  the  good  or  bad 
liking  they  have  to  their  Clerk  (who  has  been  about 
30  years  in  that  office)  which  must  at  last  oblige  him, 
as  well  as  their  members,  to  keep  their  secrets  etc. 
They  will  then  be  at  liberty  to  consult  and  enter  into 
leagues  with  other  Provinces,  without  discovery  etc. 
In  their  votes  of  30th  July,  1728,  they  have  resolved, 
"  that  for  any  act  matter  or  thing  done  in  General 
Assembly,  the  members  thereof  are  accountable  and 
answerable  to  the  house  only  ;  and  to  no  other  person, 
or  persons  whatsoever  "  etc.  By  which  they  seem  in 
express  words,  to  claim  an  independancy  :  For  none 
but  a  supream  power  can  be  exempted  from  rendering 
an  account  of  their  actions.  The  outragious  clamours 
which  were  raised  here,  by  them  and  their  party  agt. 
those  gentlemen  of  the  Council,  who,  by  order  of 
Council,  enquired  into  the  occasion  of  the  assemblys 
resolves  in  their  votes  of  25th  Nov.,  1727,  and  the 
threats  of  those  Gentlemen's  being  mobbed,  and 
pulled  to  pieces,  and  even  privately  murdered,  and 
their  estates  ruined  by  actions  at  law,  may  be  presumed 


534  COLONIAL   PAPERS. 

1729. 


sufficiently  to  deter  any  of  the  Council  hereafter,  to 
attempt  any  stop  to  the  measures  of  the  Assembly  etc. 
The  Assembly  of  late  will  never  pass  any  money  bill, 
unless  some  injurious  bill  to  H.M.  prerogative  and 
interest  be  passed  at  the  same  time,  which,  as  things 
are,  must  be  comply ed  with  ;  or  no  money  can  be  had, 
for  the  necessary  support  of  Government  etc.  The 
Assembly  likewise  appoint  a  Treasurer  of  their  own,  etc. 
to  receive  and  pay  all  the  money  they  raise,  and  this 
tho'  H.M.  has  a  Receiver  General  here,  who  has  signified 
to  them  that  the  receiving  and  paying  of  such  money 
appurtains  to  his  office  etc.  Some  officers  of  the  Crown 
have  not  only  been  threaten'd  to  be  starved,  but  have 
been  libel'd,  treated  with  the  greatest  contempt,  and 
even  their  persons  assaulted  and  most  grossly  and 
shamefully  abused,  by  such  as  are  of  the  Assembly's 
mobb,  or  party,  and  that  without  any  just  cause  and 
without  remedy.  For,  by  a  jury,  there  is  not  the 
least  hopes,  as  has  been  often  found,  where  the  King 
is  concerned  ;  and  persons  in  power  dare  not  yet 
venture  to  displease  these  people  so  far,  as  to  shew 
much  countenance  to  officers  of  the  Crown.  The 
case  being  thus,  Assemblyes  seem  already  to  be  got 
beyond  all  check  or  manner  of  restraint  whatsoever, 
and  this  at  a  time,  too,  when  other  neighbouring 
provinces  and  parts  of  H.M.  Dominions  seem  to  shew 
the  same  kind  of  spirit,  and  a  strong  inclination  to 
take  the  earliest  opportunity  of  setting  up  for 
themselves.  Bacon's  rebellion  in  Virginia  was  very 
troublesome,  even  when  none  of  these  countries  were 
nearly  so  populous  as  now,  and  though  it  may  be 
thought  impracticable  at  present  for  any  of  these 
provinces  alone  to  attempt  any  thing  of  that  kind, 
yet  if  several  of  them  should  even  at  this  time  joyn 
in  such  a  conspiracy,  (and  could  these  Assembly's 
openly  do  more,  tho'  they  had  actually  so  engag'd  ?) 
it  would  be  extreamly  difficult  and  expensive,  if  not 
impracticable,  at  this  distance,  and  in  such  a  thicket 
of  wood  and  trees,  as  these  countrys  are  ;  to  reduce 
them  to  their  duty  and  obedience;  in  regard  of  their 
populousness  at  present ;  the  skillfullness,  strength 
and  activity  of  the  people,  who  are  enured  to  hard- 
ships ;  can  defend  themselves  in  woods  and  behind 
trees  ;  can  live  on  roots  and  what  the  woods  afford, 
without  bread,  beer,  or  spirits,  or  forrage  for  horses 
etc.,  and  can  travel  in  the  woods  without  guides,  or 
the  help  of  roads  ;  few  of  which  are  yet  made  ;  which 
forces  that  have  not  been  so  used,  cant  possibly  do, 
etc.  Proposes  that  no  Assembly  be  allowed  to  transact 


AMERICA   AND   WEST   INDIES.  535 

1729. 

any  affair  in  their  house  without  the  presence  of  a 
Commissioner  in  behalfe  of  the  Crown,  as  'tis  said 
is  used  in  the  General  Assembly  in  Scotland  etc.,  and 
that  all  officers  of  the  Crown  should  be  rendered 
independant  of  the  Crown.  Set  out,  N.Y.  Col.  Doc.  V. 
pp.  901-903.  2f  pp. 

989.  iii.  Memorial  of  Attorney  General  of  New  York  to  the 
Governor  in  Council.  Nov.  9th,  1728.  Memorialist's 
salary  was  paid  by  the  late  Governor  out  of  the  quit- 
rents.  But  since  Dec.  1724  he  has  not  been  able  to 
get  any  salary  at  all,  being  told  that  H.M.  quit-rents 
here  were  fully  charged  by  the  Government  at  home. 
His  fees  for  prosecutions  for  five  years,  amounting 
to  £900,  are  also  in  arrears  etc.  He  has  applied  to  the 
Courts  and  every  branch  of  the  Legislature  here  in 
vain.  Prays  the  Governor  and  Council  to  recommend 
him  to  H.M.  for  the  like  salary  as  his  predecessor 
had.  Endorsed  as  covering  letter.  Copy.  1  1  pp. 

989.  iv.  Memorial  of  Governor  and  Council  of  New  York 
to  the  Council  of  Trade  and  Plantations.  21st  April, 
1729.  Recommend  Mr.  Bradley  to  H.M.  for  payment 
of  his  salary  and  arrears,  in  accordance  with  preceding 
petition,  "  we  being  well  assured  of  his  steady  loyalty 
as  well  as  integrity  and  diligence  in  his  office  "  etc. 
Signed,  J.  Montgomerie  and  10  Councillors.  Same 
endorsement.  1  large  p. 

989.  v.  Journal  of  Assembly,  19th  June,  1729.  The  House 
found  that  the  prosecutions  of  the  Justices  of  Albany 
etc.  proceeded  rather  from  a  view  to  squeeze  some  more 
money  from  them,  than  from  any  just  cause  etc. 
Endorsed,  Read  2nd  Sept.,  1730.  Printed.  2  pp. 

989.  vi.  The  Attorney  General's  reply  to  the  preceding 
"  notoriously  false  and  scandalous  reflections."  10th 
July,  1729.  Signed,  R.  Bradley.  Printed.  .  3  pp. 
[C.O.  5,  1055.  ff.  133-1340.,  1360.-141,  142v.-I4.3v., 
145-148U.] 

Nov.  22.  990.  Lord  Townshend  to  the  Council  of  Trade  and  Planta- 
Whitehaii.  tions.  H.M.  having  pleased  to  appoint  the  Right  Honble. 
George  Lord  Forbes,  to  be  Governor  of  the  Leeward  Islands 
etc.,  draughts  of  his  Commission  and  Instructions  are  to  be 
prepared  etc.  Signed,  Townshend.  Endorsed,  Reed.  22nd 
Nov.,  Read  2nd  Dec.,  1729.  1  p.  [C.O.  152,  17.  ff.  106, 


Nov.  23.  991  .  Petition  of  Lt.  General  William  Mathew  to  the  King. 
Petitioner's  allowance  as  Lt.  Governor  of  St.  Christophers  is 
only  105.  per  diem,  and  nothing  as  Lt.  General  of  the  Leeward 
Islands.  He  now  commands  in  chief  during  the  vacancy  of  the 
Government  for  the  third  time,  and  his  conduct  hath  always 


536 


COLONIAL   PAPERS. 


1729. 


Nov.  24. 

London. 


Nov.  25. 

Boston. 


Nov.  25. 

Annapolis 
Royal. 


met  with  approval.  He  was  promised  by  His  late  Majesty's 
Ministers,  the  late  Earl  of  Stanhope  and  others,  that  he  should 
succeed  in  that  Governmt.  on  the  next  vacancy.  The  hopes 
and  promises  of  that  succession  are  the  chiefe  encouragements 
for  bearing  the  expence  of  his  post.  His  father,  Sir  William 
Mathew,  dyed  in  less  than  one  year  after  he  was  appointed 
Governor,  so  that  his  family  received  no  reward  for  his  services, 
but  was  rather  prejudiced.  Describes  his  own  services  as  Lt. 
Governor  and  Lt.  General.  Continues : — As  Commissioner  for 
disposeing  of  H.M.  lands  in  St.  Christophers,  he  surveyed  them 
all  himself,  and  found  about  2,000  acres  more  than  were  reported 
by  the  surveys  taken  by  authority  :  and  he  sold  those  lands 
for  50  or  £60,000  more  than  ever  was  offered,  or  expected  for 
the  same.  Being  an  officer  in  the  Guards  at  Gibraltar,  he 
served  as  a  voluntier  Engineer  and  saved  that  important  fortress 
from  falling  into  the  hands  of  the  Spaniard  etc.  There  is  due 
from  the  late  King  William  to  petitioner  about  £4,000  on 
accot.  of  his  father  in  law  Col.  Hill,  who,  being  Lt.  Governour 
of  St.  Christophers  at  the  time  of  the  Revolution  kept  that 
island  in  obedience  to  King  William  by  paying  the  forces  there 
out  of  his  own  fortune  and  dyed  soon  after  without  repayment 
or  reward  etc.  Prays  to  be  appointed  Governor  of  the  Leeward 
Islands  or  to  the  command  of  H.M.  Regiment  there.  2  pp. 
[C.O.  152,  40.  No.  27.] 

992.  Mr.  Gould  to  Charles  Delafay.  I  am  informed  the 
Governor  of  South  Carolina  was  named  last  Saturday,  and 
that  as  His  Grace  the  Duke  of  Newcastle  is  out  of  town  the 
vacant  offices  there  will  be  filled  up  by  my  Lord  Townshend  etc. 
There  are  none  but  trifling  ones  vacant,  not  one  above  £50  pr. 
annum  etc.  Reminds  him  that  the  Duke  promised  a  smal 
post  for  John  Montgomery,  "  a  particular  friend  of  mine  "  etc. 
Signed,  Nat.  Gould.  Enclosed, 

992.  i.  List    of    offices    (?    vacant)    in    S.    Carolina  : — Chief 

Justice,    Attorney    General,    Land    Surveyor.     Slip. 
[C.O.  5,  387.     Nos.  87,  87  i.] 

993.  Mr.  Willard  to  Mr.  Popple.     Sends  Minutes  of  Council 
of  the  Massachusets  Bay,  March,  1728 — Aug.  31st,  1729,  and  of 
Assembly  for  session  of  April,  May,  June  and  August  last,  and 
five  acts  then  passed.     "  The  Treasurer's  general  accompt  did 
not  pass  the  Court  till  three    or   four  months  after  the  usual 
time,  so  that  I  must  defer  sending  a  copy  till  my  next  dispatches 
go    Home  "     etc.     Signed,    Josiah    Willard.     Endorsed,    Reed. 
29th  Jan.   17 U,    Read  9th  June,   1731.     1  p.     [C.O.   5,   872. 
ff.  124,  125o.] 

994.  Governor  Philipps  to  [?  Lord  Townshend].     Refers  to 
letter  of  2nd  Oct.  by  Capt.  Wellar,  H.M.S.  Rose,    "  with  whom 
I  took  my  passage  to  Canso  "   etc.     Continues : — Where  I  con- 


AMERICA   AND   WEST   INDIES.  537 

1729. 

tinued  till  17th  Oct.,  when  the  fishery  broke  up,  useing  my  best 
endeavours  to  promote  the  business  of  that  place,  to  the  best 
advantage  of  H.M.  service  and  the  generall  satisfaction  of  the 
people  whom  I  found  under  discontents,  in  the  last  of  which 
I  had  the  happiness  to  succeed  according  to  my  wishes  as  they 
acknowledge  in  their  Addresses,  and  have  given  my  promise 
to  return  the  next  season,  to  consult  with  them  on  farther 
measures  for  the  encouragement  of  the  Fishery,  which  exceeds 
anything  of  that  kind  in  America,  and  for  the  makeing  some 
settlements  whereby  the  place  may  be  furnish'd  with  fresh 
provisions  for  which  they  depend  wholly  at  present  upon  New 
England  and  buy  them  at  exorbitant  prizes  ;  the  particulars 
of  the  state  of  that  place  shall  be  laid  before  your  Lordship  by 
the  first  opportunity.  I  am  but  just  arriv'd  here  after  a  severe 
voyage  of  five  weeks,  where  I  find  the  last  vessels  we  shall  see 
this  year  ready  to  depart,  so  that  the  shortness  of  time  affords 
little  subject  matter  for  your  Lordship's  information,  only  thus 
far  I  may  venture  to  promise  your  Lordship,  from  the  joy  full 
reception  I  mett  with,  particularly  from  the  French  inhabitants, 
that  I  shall  be  able  by  the  next  opportunity,  to  congratulate 
H.M.  upon  their  entire  and  uncompelled  submission  to  his 
Government,  by  takeing  the  oath  of  allegiance,  which  I  will 
take  care  to  have  done  in  the  most  solemn  manner,  and  it  is 
my  humble  opinion  that  in  order  to  confirm  them  in  their 
obedience,  and  make  them  entirely  dependent,  they  should 
hold  their  possessions  by  new  grants  from  the  King  upon  such 
conditions  as  shall  be  thought  proper  and  the  old  ones  to  be 
call'd  in  and  cancell'd,  to  which  I  pray  H.M.  Instructions,  and 
whether  they  may  be  requir'd  and  in  what  manner  to  contribute 
towards  the  support  of  the  Government,  which  I  believe  is 
what  they  expect,  in  all  which  I  shall  strictly  confine  myself 
to  the  orders  I  shall  receive.  Encloses  proposal  of  a  French 
Minister  for  settling  French  Protestants  in  Nova  Scotia  (v.  Oct. 
2.  No.  iii).  Continues : — which  was  brought  me  by  Major 
Cope,  who  had  frequent  opportunities  of  conversing  with  that 
person  at  Boston  and  gives  him  the  character  of  an  ingenious 
honest  man.  After  haveing  had  recourse  to  my  Instructions 
upon  that  head  an  answer  was  form'd  to  be  sent  to  Mr.  Le 
Mercier  the  undertaker  etc.  (v.  encl.  iii)  and  hope  it  will  be 
found  conformable  thereto  ;  and  as  to  the  rest  must  wait 
H.M.  further  directions  thereupon,  which  I  hope  to  receive 
from  your  Lordship  by  the  first  vessels  in  the  spring.  In  my 
humble  opinion  it  would  be  a  great  step  towards  the  settling 
this  Province  to  have  once  a  beginning  for  which  reason  I 
promiss'd  to  recommend  the  eleventh  Article,  which  proposes 
5,000  acres  to  be  granted  as  an  encouragement  amongst  the 
Undertakers,  which,  if  they  are  oblig'd  to  improve,  I  presume 
there  will  be  no  objection  etc.  The  number  of  Couiicellers  being 
diminish'd  to  five  at  my  arrivall  either  by  death  or  removal 


538 


COLONIAL  PAPERS. 


1729. 

of  their  habitations,  and  one  of  them  incapable  of  attending,  I 
had  great  sattisfaction  in  haveing  the  opportunity  of  shewing 
a  just  regard  to  Major  Cope's  merrits  by  appointing  him  a 
Member  of  that  Board,  whose  advice  and  assistance  will  help 
greatly  in  the  settling  the  affairs  of  this  Province,  being  a 
person  of  great  honour  with  a  very  good  understanding  and 
distinguished  zeale  for  H.M.  service,  there  remains  two  more 
to  be  added  to  complete  them  to  the  number  seven,  as  by  the 
eigth  Article  of  my  Instructions.  Your  Lordship  shall  be 
acquainted  of  their  names  and  qualifications  when  appointed. 
I  have  appointed  the  next  week  for  receiveing  the  submission 
of  the  French  inhabitants  of  this  River  and  am  assured  that 
those  of  Minas  and  the  other  settlements  at  the  head  of  the 
great  Bay  of  Fundi  are  resolv'd  to  follow  their  example,  but 
the  winter  being  sett  in,  and  no  possibility  of  haveing  it  done 
till  the  navigation  becomes  practicable,  will  see  it  finish'd  before 
I  sett  out  for  Canso,  and  transmitt  an  account  thereof  with 
the  number  of  their  families,  scituation,  trade,  and  commerce, 
and  what  else  is  requir'd  for  H.M.  information.  And  as  your 
Lordship  cannot  but  see  the  impossibility  of  carrying  on  the 
service  of  this  Government,  without  a  vessel  to  attend  it,  am 
in  no  doubt  but  I  shall  be  enabled  thereto  by  an  approbation 
of  the  purchase  which  I  made  att  Canso  of  a  small  vessel  for 
that  purpose  (as  your  Lordship  was  made  acquainted)  and  an 
order  for  continueing  her  in  the  service  till  a  communication 
can  be  open'd  by  land,  and  the  affairs  of  the  Province  upon  a 
better  footing.  The  lateness  of  the  season  obliges  me  not  to 
detain  the  trader  by  whom  I  send  this  dispatch  tho'  am  sensible 
of  it's  incorrectness  which  I  pray  your  Lordship  will  overlook 
and  to  honour  me  with  your  commands  in  the  spring  etc.  Signed, 
R.  Philipps.  6  pp.  Enclosed, 

994.  i.  Duplicate  of  Oct.  2,  encl.  ii. 
994.  ii.  Duplicate  of  Oct.  2.  encl.  iii. 

994.  iii.  Major  Cope  to  M.  Le  Mercier,  Minister  of  the  French 
Church  at  Boston.  Annapolis  Royal.  25th  Nov., 
1729.  I  have  communicated  your  project  (No.  ii) 
to  the  Governor,  who  approves  of  and  will  recommend 
it  etc.  Quotes  his  remarks  upon  it  etc.  Signed,  Henry 
Cope.  Copy.  l£  pp. 

994.  iv.  Duplicate  of  Oct.  2,  No.  i.  [C.O.  217,  38.  Nos. 
27,  27.  i-iv.] 

Nov.  25.        995.     Governor     Philipps     to     the     Duke     of    Newcastle. 
Annapolis     Duplicate  of  preceding  covering  letter.     Signed,  R.  Philipps. 
Endorsed,  R.  Feb.  20th.     6  pp.     [C.O.  217,  38.     No.  28.] 


Royal. 


Nov.  25.        996.     Same    to    the    Council    of    Trade    and    Plantations. 
Annapolis     Duplicate    of    preceding.      Signed,    R.    Philipps.       Endorsed, 
Reed.  21st  Feb.,  Read  llth  May,  1730.     6  pp.     Enclosed, 


Royal. 


AMERICA  AND   WEST   INDIES. 


531 » 


1729. 


996.  i-iv.  Duplicates  of  Nos.  994  i-iv.  [C.O.  217,  5. 
ff.  174-176i;.,  177t;.-179,  180t;.,  181,  182u.-185u.,  I86v.  ; 
and  (duplicate  of  covering  letter)  217,  30.  pp.  36-39.] 


Nov.  28. 

London. 


997.  Capt.  Coram  to  the  Council  of  Trade  and  Plantations. 
In  answer  to  request  from  the  Board,  sketches  history  of  the 
tract  of  land  between  Nova  Scotia  and  Maine.  Continues  :  — 
As  your  Lordships  were  pleased  to  require  my  opinion  in  what 
part  would  be  most  proper  to  begin  to  make  settlemts.  on  the 
N.E.  side  of  the  River  Penobscot  towards  Nova  Scotia,  leaving 
the  part  of  the  S.W.  side,  towards  N.  England,  to  be  settled 
hereafter  etc.,  repeats  that,  if  any  part  of  the  said  tract  should 
be  suffered  to  go  under  the  Government  of  the  Massachusets, 
it  would  infailably  be  the  destruction  of  the  whole  thereof,  by 
the  provoked  native  Indians  there,  (let  whosoever  settle  on  any 
other  part  of  it)  they  having  in  time  past  received  so  many 
injurious  provokations  by  the  base  and  fraudelent  practices  of 
the  Massachusets  in  making  them  drunk,  then  enticing  them 
to  execute  deeds  of  conveyance  for  large  quantities  of  their 
land,  when  they  knew  not  the  meaning  of  those  deeds,  and 
other  base  practices  which  has  already  been  the  cause  of  long 
warrs,  and  of  sheding  the  blood  of  many  of  H.M.  subjects. 
And  those  incensed  Indians  will  never,  whilst  any  of  their 
blood  remain  be  truly  reconciled  to  the  Massachusets,  or  any 
els  who  shall  settle  on  the  said  tract  whilst  they  have  any 
pretensions  to  it  or  any  part  thereof.  But  if  H.M.  will  never- 
theless have  settlements  began  on  the  North  East  side  of  the 
River  Penobscot,  I  humbly  conceive  the  nearer  that  river  and  the 
bay  befor  it  the  better  on  many  acctts.,  more  especially  for  that, 
Penobscot  Bay  will  between  the  river  and  the  sea,  hold  a  good 
fleet  of  ships  comodiously,  and  I  conceive  it  highly  necessary 
that  the  said  tract  of  country  (which  is  very  valuable)  should 
be  settled,  planted  and  peopled  under  H.M.  Government,  the 
same  having  laid  derelict  a  long  time  by  default  of  the  New 
Englanders,  etc.,  wherefore  it  is  not  improbable  the  French 
King  may  claime  it  and  soon  take  possession  thereof,  with  as 
good  pretence  as  he  did  the  island  of  Sta  Lucia  a  few  years 
past  etc.  It  would  be  vastly  advantageous  to  the  French  to 
do  so,  for  the  Penobscot  is  navigable  for  the  Indian  cano  to 
within  40  miles  of  the  River  Canada  at  Quebec  etc.,  from  whence 
they  may  easily  have  communication  with  France  at  all  times 
of  the  year,  whereas  they  cannot  have  it  now  by  reason  of  the 
River  Canada  being  frozen  up  all  their  long  winters  etc.  Signed, 
Thomas  Coram.  Endorsed,  Reed.  Read  2nd  Dec.,  1729. 
Holograph.  2%  pp.  [C.O.  5,  870.  ff.  295-296i;.] 

Nov.  28.        998.     Lord    Townshend    to    the    Council    of    Trade    and 

Whitehall.     Plantations.     H.M.  having  been  pleased  to  appoint  Jonathan 

Belcher  Governour  of  the  Massachusetts  Bay  and  New  Hamp- 


540 


COLONIAL   PAPERS. 


Nov.  30. 

North 
Carolina. 


1729. 

shire  etc.,  you  are  to  prepare  draughts  of  Commission  and 
Instructions  for  him  etc.  Signed,  Townshend.  Endorsed,  Reed. 
29th  Nov.,  Read  2nd  Dec.,  1729.  1  p.  [C.O.  5,  870.  ff.  297, 
298*;.] 

999.  Extract    of    letter    from    Mr.    Porter    to    Governor 
Burrington.     Our  session  ended  last  Thursday,  when  Sir  Richard 
[Everard]  confirmed  several  laws,  one  for  raising  £30,000  paper 
currency,  who  has  a  present  for  so  doing  of  £500.     How  this 
latter  conduct  will  be  approved  of  in  England,  in  respect  it 
breaks  one  of  the  Articles  of  his  Instructions,  we  are  at  a  loss 
to  judge.     I  prevailed  with  him  for  near  a  twelvemonth  last 
past  to  stop  warrants  and  patents  for  land,  till  H.M.  pleasure 
was  known  ;    himself  having  wrote  the  Duke  of  Newcastle  his 
resolutions   etc.   (v.   18th  June),   which  now  he  is  every  day 
breaking  through  by  signing  patents.     Copy,     f  p.     [C.O.  5, 
308.     No.  4.] 

Dec.  2.  1000.  Order  of  King  in  Council.  Whereas  the  Lords  of 
St.  James's,  the  Committee  of  Councill,  have  by  their  report  this  day  laid 
before  His  Majesty  (upon  the  proceedings  of  the  Assembly  of 
the  Massachusets  Bay,  in  not  complying  with  H.M.  Instructions, 
to  settle  a  fixed  salary  upon  H.M.  Governor  of  that  Province) 
humbly  represented  that  they  apprehend  the  death  of  Mr. 
Burnet  may  have  caused  some  alteration  in  the  temper  of  that 
Province,  and  abated  the  animosity  of  the  dispute  etc.,  which 
was  become  almost  entirely  personall,  and  that  the  Agents  of 
the  said  Province  had  declared  their  readiness  to  transmitt  to 
the  Assembly,  any  proposition  which  the  Lords  Commissioners 
for  Trade  and  Plantations  should  make  towards  obtaining  a 
settled  salary  for  H.M.  Governor,  and  that  they  would,  as  far 
as  was  compatible  with  their  station,  enforce  the  success  thereof, 
And  the  Lords  of  the  Committee  having  considered  and  approved 
of  a  proposition  prepared  for  that  purpose  by  the  said  Lords 
Commissioners  for  Trade  and  Plantations,  Their  Lordships  do 
humbly  advise  H.M.  to  transmitt  the  said  proposition  to  the  said 
Assembly,  and  that  H.M.  would  suspend  his  just  resentment 
against  the  said  Province  untill  such  time  as  the  effect  of  the 
said  proposition  should  be  known  ;  etc.  Ordered,  that  the  said 
Lords  Commissioners  for  Trade  transmit  the  said  proposition 
to  the  Assembly,  and  that  no  proceedings  be  had  upon  the 
Order  in  Council  of  22nd  May,  until  the  effect  of  the  said 
proposition  be  known.  Signed,  Jas.  Vernon.  Endorsed,  Reed. 
23rd,  Read  30th  Oct.,  1729.  If  pp.  Enclosed, 

1000.  i.  Copy   of  a   Proposition   referred   to    in    preceding. 

v.  No.  969  i.     [C.O.  5,  870.    ff.  299-301,  302v.] 

Dec.  2.  1001.  Order  of  King  in  Council.  Approving  report  of 
the  Lords  of  the  Committee  of  Council,  upon  considering  the 
petition  of  the  Assembly  of  Massachusetts  Bay  [Oct.  3],  com- 


AMERICA   AND   WEST   INDIES. 


541 


1729. 

plaining  against  the  proceedings  of  Mr.  Burnet,  the  late 
Governor.  An  additional  Instruction  to  the  present  Governor 
is  to  be  prepared,  prescribing  the  methods  hereafter  to  be 
observed  in  the  raising  and  issuing  of  moneys,  and  also  requiring 
the  Governors  not  to  take  or  demand  any  fees  on  shipping  but 
what  are  legall  and  have  been  customarily  taken  by  the 
Governors  of  that  Province  etc.  Signed,  Ja.  Vernon.  Endorsed, 
Reed.,  Read  19th  March,  17^}.  1 J  pp.  [C.O.  5,  871.  ff.  21, 
2lv.,  22v.] 

Dec.  2.          1002.     Order  of  King  in  Council.      Approving   Additional 
St.  James's.    Instructions  to  Lt.  Governor  Dummer  relating  to  the  issuing 
of  moneys  and  fees  on  shipping,     v.  Jan.  2,  1730.     Signed,  Jas. 
Vernon.     1  p.     [C.O.  5,  192.    /.  429.] 


Dec.  3. 

Whitehnll. 


Dec.  4. 

Barbados. 


1003.     Council  of  Trade  and  Plantations  to  Lord  Townshend. 
Enclose  following.     Autograph  signatures.     I  p.     Annexed, 

1003.  i.  Same  to  the  King.      Enclose  draft  of  Commission 

for  Governor  Lord  Forbes,  as  ordered  22nd  Nov. 
Mem.  in  margin.  Ld.  Forbes  not  going,  his  com- 
mission is  not  entered,  v.  April  30th,  1731.  [C.O. 
153,  15.  pp.  37,  38  ;  and  (without  enclosure)  152,  40. 
No.  28.] 

1004.  Governor  Worsley  to  the  Duke  of   Newcastle.     The 
9th  Nov.  I  received  the  Queen's  Order  in  Council  of  the  18th 
Aug.,  that  the  law  for  supporting  the  honour  and  dignity  of 
the  Government  is  in  force  etc.  ;  which  I  laid  before  the  Council, 
and  Assembly,  and  have  published  the  same  in  all  the  towns, 
and  churches,  nevertheless  by  the  14th  clause  of  the  law  (quoted), 
they,  who  have  not  given  in  the  list  of  their  negrdes,  or  whose 
negro's  have  been  tendered  to  the  Assembly  men,  but  not  by 
them  returned  to  the  Treasurer,  think,  they  are  acquitted  for  the 
same,  and  thus  tho'  it  is  enacted  by  the  1st  clause,  that  any 
persons  possessed  of  any  negro  etc.  shall  pay  for  each  25.  Qd. 
between  1st  May  and  1st  June,  and  shall  between  25th  March 
and  12th  April  give  in  a  list  of  their  negroes  to  the  Assembly 
men  of  their  respective  parishes,  and  the  Assembly  men  of  each 
parish,    are  to  give  in  their  own   negros    upon  oath  to  the 
Treasurer,  yet  as  seventeen  of  the  Assembly  men  have  returned 
no  list  of    the  negros  of  the  inhabitants  of    their  respective 
parishes,  nor  have  given  in  their  own,  the  Treasurer  excuses 
himself  in  that  for  want  of  lists,  he  could  not  know  what  negro's 
each  person  had  in  those  parishes,  and  that  the  law  does  not 
impower  him  to  proceed  against  any,   whose  list  of  negroes 
has  not  been  returned,  or  who  has  not  been  returned  for  not 
giving    them    in.      Quotes    10th    clause.      Continues : — But    as 
the  Treasurer  by  the  14th  clause  could  not  proceed  against  any 
person  after  1st  Oct.,  the  doubt  is,  whether  he,  and  his  securitys 


542 


COLONIAL   PAPERS. 


1729. 


Dec.  4. 

Whitehall. 


are  liable  to  pay  the  levys,  and  forfeitures  of  those,  who  have 
not  given  in  their  lists  of  negro's,  or  paid  for  them,  or  whether 
H.M.  Attorney  General  here  is  to  sue  them  for  it ;  for  certainly 
no  person  can  be  excused  his  tax,  on  account  of  the  neglect  of 
the  officers  appointed  by  the  law  to  collect  it ;  or  of  the  dis- 
obedience of  the  persons,  who  ought  to  pay  it,  etc.  Since  the 
publishing  H.M.  orders  in  Council,  some  few  have  paid  their 
levy.  Refers  to  letter  of  6th  Nov.  Continues : — The  new 
Assembly  etc.  have  passed  an  Excise  bill  etc.  enclosed.  The  same 
persons  have  been  returned  for  Assembly  men,  etc.  They  may 
perhaps,  give  me  some  trouble,  yet  the  usual  supply,  for  the 
ordinary  expences  of  the  Government,  for  the  ensueing  year, 
are  raised  etc.  Signed,  Henry  Worsley.  Endorsed,  R.  3rd 
Feb.  5  pp.  Enclosed, 

1004.  i.  Mr.  Tunckes  to  Governor  Worsley.  Barbados, 
Dec.  1st,  1729.  In  reply  to  reference  of  letter  of 
Board  of  Trade,  gives  his  opinion  on  the  Act  for  reducing 
the  rate  of  interest  to  8p.c.,  that  the  validity  of  contracts 
made  upon  the  10  p.c.  laws  will  not  be  affected  by  it 
etc.  Signed,  Tho.  Tunckes.  Copy.  1|  pp. 
1004.  ii.  Mr.  Blenman  to  Governor  Worsley.  Nov.  26th, 
1729.  As  the  rule  is  to  construe  statutes  according 
to  the  intent  of  the  law-makers,  agrees  with  preceding. 
Signed,  J.  Blenman.  Copy.  1  p. 

1004.  iii.    Galacius  McMahon  to   Governor  Worsley.     Nov. 

22,  1729.  Agrees  with  preceding,  but  suggests  that 
an  explanatory  act  might  be  advisable  etc.  Signed, 
Galacius  McMahon.  2  pp.  [C.O.  28,  45.  ff.  77,  77v. 
79,  81,  81u.,  83-85,  861;.] 

1005.  Council  of  Trade  and  Plantations    to  the  Committee 
of  the  Privy  Council.     Pursuant  to  order  of  23rd  Oct.  we  have 
reconsidered   our   reports   etc.     Continue : — Having   discours'd 
further  with  Mr.  Coram  and  Mr.  Hintz,  about  the  method  of 
settling  some  Irish  and  Palatine  families  and  adjusted  with 
them  the  several  conditions  upon  which  the    Palatines  are  to 
be  encouraged  to  settle  at  or  near  Annapolis  and  Canco,  and 
likewise   consider'd  upon  what  terms  the   said  Irish  families 
are    to    be    incouraged    to    transplant    themselves    from    New 
England  to  the  lands  between  the  Rivers  Kennebeck  and  St. 
Croix,  we  take  leave  further  to  report,  that  by  letters  lately 
received  from  Col.  Dunbar  etc.,  we  are  informed  that  several 
antient  claims  to  tracts  of  land  to  the  eastward  of  Pemaquid, 
a  fort  between  the  Rivers  Kennebeck  and  Penobscot,   have 
been  revived  ;    Whereupon  we  had  recourse  to  your  Lordships 
report  of  17th  Dec.,  1720,  upon  a  petition  of  William  West  etc., 
and  a  representation  made  thereupon  the  21st  of  May,  1718, 
relating  to  a  settlement,   which  the  petitioners  then  desired 
to  make  upon  some  waste  and  uninhabited  lands  between 


AMERICA   AND   WEST   INDIES.  543 

1729. 

Nova  Scotia  and  the  Province  of  Maine  ;  quoted.  See  C.S.P. 
under  dates.  Continue : — Considering  therefore  that  some 
doubts  may  still  remain  with  respect  to  H.M.  right  of  granting 
lands  between  the  Rivers  of  Kennebeck  and  Penobscot,  to 
avoid  all  difficulties  till  such  time  as  H.M.  title  shall  be  cleared 
up  to  the  lands  between  those  two  rivers  ;  and  being  desirous 
that  no  time  should  be  lost  in  making  settlements  in  this  part 
of  Nova  Scotia  ;  we  would  propose  to  your  Lordships,  for  the 
present,  that  Col.  Dunbar  should  be  instructed  to  settle  such 
of  H.M.  subjects  as  are  willing  to  become  planters  in  Nova 
Scotia,  between  the  Rivers  of  Penobscot  and  St.  Croix,  and 
whenever  H.M.  title  shall  be  made  out,  as  we  hope  it  may, 
that  they  may  likewise  be  settled  by  grants  from  the  Crown, 
due  regard  being  always  had  to  such  settlements,  as  have 
heretofore  been  actually  made  and  cultivated  under  legall 
titles  ;  But  we  must  observe,  that  according  to  the  best  infor- 
mation we  have  hitherto  been  able  to  acquire,  all  the  lands 
from  Can9o  to  the  River  Kennebeck  were  possessed  by  the 
French,  before  the  Peace  of  Ryswick,  and  continued  in  their 
possession  till  reconquered  during  the  last  war  by  General 
Nicholson  at  the  expence  of  the  Crown,  and  we  have  some 
reason  to  believe,  that  all  the  said  lands  from  Cango  to 
Kennebeck  were  included  in  the  Commission  of  Monsr. 
Subercasse  then  Governor  of  Nova  Scotia  for  the  French  ;  and 
as  soon  as  we  shall  have  acquired  more  certain  knowledge  of 
these  facts,  we  intend  to  referr  the  same  to  the  consideration 
of  H.M.  Attorney  and  Sollicitor  Generall,  for  their  opinion, 
how  far  such  antient  titles,  as  have  never  been  carried  into 
actuall  possession  and  culture  may  be  extinguished  or  affected 
by  these  resolutions,  and  consequently  whether  the  right  be 
not  again  devolved  to  the  Crown.  But  in  the  mean  time,  in 
obedience  to  your  Lordships'  order,  we  lay  before  you  the 
manner  which  we  apprehend  may  be  most  convenient  for  the 
settlements  now  proposed  to  be  made,  either  by  H.M.  subjects 
at  Penobscot,  or  the  Palatines  near  Can9O  and  Anapolis.  As 
to  these  settlements,  and  the  encouragements  to  be  given  for 
making  of  them,  we  are  humbly  of  opinion,  the  best  method  to 
be  followed  is  that  of  New  England,  with  some  small  alterations. 
The  custom  in  the  Province  of  the  Massachusets  Bay,  is  when 
forty  families  or  thereabouts  are  disposed  to  make  a  new  settle- 
ment, the  Government  grant  them  a  tract  of  land  from  seven 
to  twelve  miles  square  and  this  grant  is  called  a  Township.  A 
convenient  place  in  this  land  is  set  apart  for  a  town,  and  a 
lot  of  40  acres  there  granted  to  each  family,  as  likewise  100 
acres  or  more  of  lands  without  the  said  town  to  each  of  the 
said  families,  and  the  rest  of  the  lands  within  the  precincts  of 
this  township,  are  reserved  for  the  said  inhabitants  and  granted 
to  them  from  time  to  time,  as  their  numbers  and  occasions  may 
require  the  same.  But  care  is  allways  taken  to  set  apart  lands 


544 


COLONIAL   PAPERS. 


1729. 


Dec.  4. 

Whitehall. 


Dec.  8. 

Whitehall. 


Dec.  8. 


in  the  first  settling  of  every  township  for  the  maintenance  of  a 
Minister,  a  Church  and  a  Grammar  School.  By  this  means,  the 
inhabitants  acquire  some  sort  of  security  against  the  savages, 
and  are  of  mutual  assistance  to  each  other  ;  and  so  soon  as  they 
are  sufficiently  settled,  become  intitled  to  all  the  priviledges 
of  a  township,  of  which  the  principal  is  that  [?  of]  sending 
Members  to  the  Assembly.  If  your  Lordships  shall  approve 
of  this  method,  we  shall  prepare  Instructions  for  Col.  Dunbar 
and  likewise  for  the  Governor  of  Nova  Scotia,  wherein  we  shall 
enter  more  particularly  into  the  detail  for  the  execution  thereof, 
with  respect  to  the  quit-rents,  reservations  and  restrictions 
necessary  upon  this  occasion.  Mr.  Hintz  is  of  opinion  he  can 
perswade  the  Palatines,  as  your  Lordships  desire  he  should, 
to  settle  near  Cango  and  Annapolis,  and  that  they  will  be 
contented  to  take  up  lands  there  upon  the  same  terms  and  in 
the  same  manner  as  the  Irish  families  shall  do  on  the  other 
side  of  the  Province.  But  he  declares  it  will  be  utterly 
impossible  for  him  to  make  a  voyage  into  Germany,  at  his 
own  expence,  and  therefore  humbly  insists  that  he  be  allowed 
for  himself  and  two  other  Palatines  to  assist  him  twenty  shillings 
pr.  diem  for  four  months,  which  will  amount  to  £120,  which 
we  conceive  to  be  reasonable,  and  considering  the  importance 
of  the  service,  cannot  but  hope  his  demand  herein  may  be 
thought  so  likewise  by  your  Lordships.  [C.O.  218,  2.  pp. 
158-165.] 

1006.  Same  to  the  Duke  of  Newcastle.  In  reply  to  Nov. 
20th,  enclose  following,  prepared  in  answer  to  previous  directions 
from  the  Committee  of  Council  etc.  v.  following.  Autograph 
signatures.  1  p.  Enclosed, 

1006.  i.  Copy  of  preceding  representation.     [C.O.  5,  4.     Nos. 

39,  39  i  ;    and  (without  enclosure)  218,  2.     p.  166.] 

1007.  Order  of  Committee  of    Privy  Council.       Approving 
representation  of  4th  inst.,   and  ordering  Instructions  to  be 
prepared  accordingly  for  the  Governor  of  Nova  Scotia  and  Col. 
Dunbar,   relating  to   the   proposed   settlements   at   Penobscot 
and  near  Cango  and  Annapolis.     Signed,  Ja.  Vernon.   Endorsed, 
Reed.  13th,  Read  16th  Dec.,  1729.     1  p.     Enclosed, 

1007.  i.  Copy  of  No.  1005.     [C.O.  217,  5.    ff.  134,  135-138, 


1008.  Thomas  Lowndes  to  the  Council  of  Trade  and 
Plantations.  Exact  Charts  of  all  the  coasts,  harbours  etc. 
of  H.M.  American  Dominions,  and  maps  of  all  the  inland 
territory  might  be  procured  with  great  advantage  to  the  publick, 
and  without  any  additional  charge.  If  North  Carolina  which 
(ever  since  'twas  a  seperate  Government)  has  only  been  a 
receptacle  for  pyrates,  thieves  and  vagabonds  of  all  sorts, 
was  made  a  district  of  Virginia  and  the  quitt  rents  for  lands 


AMERICA   AND   WEST   INDIES.  545 

1729. 

let  out  duely  received  ;  there  would  be  a  competent  fond,  to 
reward  a  knowing  and  honest  man,  to  make  such  a  noble  and 
usefull  survey.  The  establishment  for  Officers  in  the  Pro- 
prietors time,  which  the  quitt-rents  always  discharged, 
amounted  to  £480,  and  if  a  rental  was  obtained  (which  the 
Proptrs.  could  never  get)  would  amount  to  a  much  greater  sum. 
The  soyl  of  North  Carolina  is  much  better  than  that  of  Virginia, 
its  timber  is  of  the  largest  growth,  there  is  great  quantity  of 
iron  oar  and  (according  to  information)  good  reason  to  expect 
copper-mines,  and  the  New  England  traders  get  from  thence 
a  very  great  quantity  of  the  best  pitch  and  tarr,  in  barter  for 
rum,  spirits,  melosses  etc.,  which  would  bear  a  moderate  duty, 
to  make  up  any  deficiency,  that  might  happen  to  the  fond 
proposed  etc.  and  provide  for  a  light-house  on  the  point  of 
Hilton-Head  Island  in  the  Gulf  of  Florida,  where  there  is  great 
plenty  of  noble  timber  etc.  etc.  Signed,  Tho.  Lowndes. 
Endorsed,  Reed.  8th  Dec.,  1729,  Read  13th  March,  17M. 
Holograph.  3f  pp.  [C.O.  5,  361.  ff.  62-63i;., 


Dec.  9.          1009.     Mr.   Popple  to  the   Governors   of  H.M.   Islands   in 

Whitehall.     America.     My    Lords    Commrs.    having   received  H.M.  Orders 

to  make  a  representation  upon  the  general  state  of  His  islands 

in  America  etc.,  desire  your  particular  answer  to  inclosed  queries 

as  soon  as  possibly  you  can.     Annexed, 

1009.  i.  Queries  enclosed  in  preceding,  (i)  What  Islands  are 
there,  under  your  Government,  settled  or  unsettled, 
their  latitudes  and  longitudes  ?  (ii)  have  those  latitudes 
and  longitudes  been  settled  by  good  observations,  and 
from  whence  are  the  longitudes  computed  ?  (iii)  What 
is  their  soil  and  natural  produce  ?  (iv)  What  are  they 
capable  of  producing,  if  improved  ?  (v)  What  is 
their  trade,  the  number  of  shipping  belonging  thereto, 
their  tonnage,  and  the  number  of  seafaring  men,  with 
their  respective  increase  or  diminution,  since  1724  ? 
(vi)  What  quantity  and  sorts  of  British  manufactures 
do  the  inhabitants  annually  take  from  hence  ?  (vii) 
What  trade  have  they  with  any  foreign  Plantations, 
or  any  part  of  Europe  besides  Great  Britain  ?  How 
is  that  trade  carried  on  :  what  commodities  do  the 
people  under  your  Government  send  to  or  receive 
from  foreign  Plantations  ?  (viii)  What  methods  are 
there  used  to  prevent  illegal  trade,  and  are  the  same 
effectual  ?  (ix)  Are  there  any  manufactures  set  up 
in  the  islands  under  your  Government,  and  what  are 
they  ?  (x)  What  niay  be  the  annual  produce  of  the 
commodities  of  each  respective  island  ?  (xi)  What 
is  the  number  of  inhabitants,  whites  and  blacks  ? 
Are  they  increased  or  decreased  of  late,  and  for  what 

C.P.  XXXVI— 85 


546  COLONIAL   PAPERS. 

1729 

reasons  ?  (xii)  What  is  the  number  of  the  militia, 
in  each  respective  island  ?  (xiii).  What  forts  and 
places  of  defence  are  there,  within  your  Government, 
and  in  what  condition  ?  (xiv)  What  is  the  strength 
of  your  neighbours  ?  (xv)  What  effect  have  the 
French,  Spanish  or  other  foreign  settlements  upon 
H.M.  Islands  under  your  Government  ?  (xvi)  What 
is  the  revenue  arising  within  your  Government,  and 
how  is  it  appropriated  ?  (xvii)  What  numbers  of 
acres  of  land  are  there  already  cultivated  in  each 
respective  island  ?  And  what  number  of  acres  there 
by  computation  remain  uncultivated  ?  (xviii)  What 
are  the  ordinary  and  extraordinary  expences  of  your 
Government  ?  What  the  present  revenue,  and  how 
appropriated  ?  (xix)  What  are  the  establishments 
civil  and  military  ?  It  is  desired,  that  an  annual 
return  may  be  made  to  these  queries,  that  the  Board 
may  from  time  to  time  be  apprized  of  any  alterations 
that  may  happen  in  the  circumstances  of  your  Govern- 
ment. [C.O.  153,  15.  pp.  38-41  ;  and  324,  11. 
pp.  11-14.] 

Dec.  9.  1010.  Mr.  Popple  to  Governor  Worsley.  I  am  commanded 
Whitehall,  by  mv  Lords  Commissioners  to  remind  you  of  my  letter  dated 
27th  March,  1724,  inclosing  several  queries  for  your  answer 
with  their  Lordps'  desire  that  annual  returns  be  made  thereto, 
that  the  Board  might  be  from  time  to  time  apprized  of  any 
alterations  in  the  circumstances  of  that  island  under  your 
Government,  and  their  Lordships  not  having  received  any  such 
answers  from  you  since  18th  Oct.,  1724,  you  will  receive  herewith 
inclosed  the  like  queries  for  your  particular  answers,  which  I 
am  to  desire  you  will  let  their  Lordships  have  as  soon  as  possibly 
you  can.  Annexed, 

1010.  i.  Queries,  as  C.S.P.  27th  March,  1724,  with  request 
for  answers  as  from  18th  Oct.  1724.  To  query  iii. 
relating  to  trade  with  foreign  Plantations,  the  following 
note  is  added  : — In  your  answer  dated  18th  Oct.  1724, 
to  what  methods  were  taken  to  prevent  illegal  trade, 
you  mentioned  a  sloop  being  appointed  for  that  purpose 
to  prevent  goods  running  in  small  creeks  ;  Is  there  any 
such  continued,  and  is  that  illegal  trade  you  then 
mentioned  any  better  prevented  than  it  had  been  ? 
Or  does  it  still  continue  ?  If  so,  what  may  be 
best  done  to  prevent  such  evil  practices  for  the  future 
without  burthening  the  revenue  of  ye  Customs,  with 
too  great  an  expence  ?  And  how  stand  the  generality 
of  the  people  of  Barbados  inclined  to  promote  or 
discourage  a  smugling  trade  with  Martinico  or  any 
other  foreign  Plantations  ?  [C.O.  29,  15.  pp.  118-121.] 


AMERICA   AND   WEST   INDIES. 


1729. 

Dec.  9.  1011.  Mr.  Popple  to  the  Governors  on  the  Continent  of 
Whitehall.  America  (including  the  Governor  and  Company  of  Connecticut 
and  Rhode  Island).  Circular  letter  enclosing  following  queries 
from  the  Board  of  Trade,  (i)  What  is  the  situation  of  the 
Province  [Colony]  under  your  Government,  the  nature  of 
the  country,  soil  and  climate,  the  latitudes  and  longitudes  of 
the  most  considerable  places  in  it,  or  the  neighbouring  French 
or  Spanish  settlements  ?  Have  those  latitudes  and  longitudes 
been  settled  by  good  observations,  or  only  by  common  compu- 
tations, and  from  whence  are  the  longitudes  computed  ?  (ii) 
What  are  the  reputed  boundaries,  and  are  any  parts  thereof 
disputed,  what  parts,  and  by  whom  ?  (iii)  What  is  the  con- 
stitution of  the  Government  ?  (iv)  What  is  the  trade  of  the 
Province  (Colony),  the  number  of  shipping,  their  tonnage,  and 
the  number  of  seafaring  men,  with  the  respective  increase  or 
diminution,  within  ten  years  past  ?  (v)  What  quantity  and 
sorts  of  British  manufactures  do  the  inhabitants  annually  take 
from  hence  ?  (vi)  What  trade  has  the  Province  (Colony)  with 
any  foreign  Plantation,  or  any  part  of  Europe,  besides  Great 
Britain  ?  How  is  that  trade  carry'd  on  ?  What  commodities 
do  the  people  send  to,  or  receive  from  foreign  Plantations  ? 
(vii)  What  methods  are  there  used  to  prevent  illegal  trade, 
are  the  same  effectual  ?  (viii)  What  is  the  natural  produce 
of  the  country,  staple  commodities  and  manufactures  [for 
Virginia  and  Maryland,  add  besides  tobacco]  ?  and  what  value 
thereof  in  sterling  money  may  you  annually  export  ?  (ix)  What 
mines  are  there  ?  (x-xiii)  Queries  as  Nos.  xi-xiii  in  1009  i. 
(xiv)  What  number  of  Indians  have  you,  and  how  are  they 
inclin'd  ?  (xv)  What  is  the  strength  of  the  neighbouring 
Indians  ?  (xvi)  What  is  the  strength  of  your  neighbouring 
Europeans,  French  or  Spaniards  ?  xvii-xx,  as  xv-xix  in  1009  i. 
[C.O.  324,  11.  pp.  152-156  ;  and  5,  916.  p.  223.] 

Dec.  9.  1012.  Council  of  Trade  and  Plantations  to  the  Duke  of 
Whitehall.  Newcastle.  In  reply  to  Nov.  12th,  enclose  following.  Annexed, 
1012.  i.  Same  to  the  King.  Recommend  confirmation  of  three 
Acts  of  Jamaica  as  being  of  great  utility  to  the 
public,  as  they  encourage  the  settlements  now  going 
forward  at  Port  Antonio ;  vizt.  (i)  An  Act  to 
encourage  the  N.E.  part  of  this  island,  passed  in  1721, 
"  which  came  not  to  us  till  lately."  (ii)  An  explanatory 
Act  for  the  further  encouraging  the  settling  the  parish 
of  Portland,  passed  in  1726,  and  (iii)  for  the  better 
carrying  on  the  new  settlements  at  Port  Antonio.  [C.O. 
138,  17.  pp.  284-286.] 

Dec.  9.          1013.     Same    to  the  Lords  of  the  Committee  of  the  Privy 

Whitehall.     Council.     Conclude : — We     do     not     apprehend     any    further 

encouragements   are   at   present   expected   by   the   people    of 


548 


COLONIAL   PAPERS. 


Dec.  9. 

Whitehall. 


Dec.  9. 

Whitehall. 


1729. 

Jamaica  for  compleating  the  settlement  at  Port  Antonio,  except 
the  confirmation  of  above  Acts  etc.  as  preceding.  [C.O.  138,  17. 
pp.  286,  287]. 

1014.  Same  to  Lord  Townshend.  Enclose  following  to 
be  laid  before  the  King. 

1014.  i.    Same  to  the  King.     Enclose  following  Commission 
which  is  in  the  usual  form  etc. 

1014.  ii.    Draft  of  H.M.  Commission  to  Robert  Johnson  to 
be  Governor  of  S.  Carolina.     [C.O.  5,  400.    pp.  243- 
269]. 

101  5.  Lord  Townshend  to  the  Governor  of  South  Carolina. 
Upon  complaint  of  the  creditors  and  executors  of  Albert  Muller 
a  native  of  Norway,  who  died  about  two  years  ago  at 
Charlestown,  setting  forth  the  difficulties  they  meet  with  in 
recovering  his  estate  etc.,  it  is  H.M.  pleasure  that  you  see  that 
justice  is  done  and  return  an  account  of  your  proceedings  therein 
etc.  Signed,  Townshend.  Annexed, 

1015.  i.    Memorial  referred  to  in  preceding.     Copy.     French. 

[C.O.  324,  36.     pp.  164-168]. 

[Dec.  9.]  1016.  Petition  of  Merchants  and  masters  of  ships  of  London, 
Bristol,  Dartmouth  and  Whitehaven  trading  to  Newfoundland, 
with  the  most  ancient  inhabitants  and  masters  of  fishing  voyages 
at  Placentia,  to  the  Council  of  Trade  and  Plantations.  Upon 
some  complaints  from  Barnstable,  Col.  Gledhill  is  arrived  with 
great  numbers  of  evidence  to  answer  said  complaints.  Pray 
for  speedy  hearing.  Signed,  William  Crosse  and  15  others. 
Endorsed,  Reed.  9th,  Read  llth  Dec.,  1729.  1  p.  [C.O.  194, 
8.  ff.  234,  235».] 

[Dec.  10].  1017.  Petition  of  Col.  Gledhill  to  the  Council  of  Trade  and 
Plantations.  In  response  to  a  letter  from  the  Secretary  at 
War,  received  only  on  1st  Sept.,  petitioner  has  arrived  with 
several  witnesses  from  Placentia  to  answer  the  false  charges 
against  him.  The  Board's  two  reports  mention  his  having 
neglected  to  answer  former  complaints  against  him.  He  never 
received  any  complaints  from  the  Board,  save  of  one  Salmon, 
which  he  answered  by  the  first  ship  etc.  Prays  the  Board  to 
appoint  a  short  day  for  hearing  his  case  etc.  Signed,  Saml. 
Gledhill.  Endorsed,  Reed.  10th,  Read  llth  Dec.,  1729.  2  pp. 
[C.O.  194,  8.  ff.  236,  237v.] 


Dec.  10. 

Boston. 


1018.  Col.  Dunbar  to  Mr.  Popple.  Abstract.  Has  been 
through  N.  Hampshire  and  Maine.  The  publishing  the  new 
Act  of  Parliament  has  had  a  good  effect  upon  the  loggers,  who 
applied  to  him  in  numbers  to  know  whether  they  might  cut 
trees  of  any  dimensions,  because  there  is  a  penalty  for  all 


AMERICA  AND   WEST   INDIES.  549 

1729. 

trees  of  12in.  diameter  and  under,  which  includes  all.  As  he 
conceived  it  was  not  so  intended,  has  indulged  them  by  enclosed 
Proclamation,  which  was  approved  of  by  the  Governors  etc. 
Asks  whether  he  may  continue  it  from  year  to  year.  Continues  : 
Notwithstanding  this,  there  is  yet  a  sett  of  people  here  who 
neither  regard  Acts  of  Parliament,  or  any  prosecution  upon 
them,  the  famous  incendiary  Dr.  Cook  proclaims  in  the  Province 
of  Main  that  the  King  has  no  right  there,  he  has  built  saw-mills 
in  the  heart  of  ye  mast-trees,  one  of  which  will  saw  8,000  feet 
of  boards  in  24  hours,  he  says  they  are  upon  his  private  property, 
and  should  a  tryal  be  commenced  against  him,  the  people  he 
imploys  would  be  his  Jury,  however  I  am  resolved  to  see  what 
they  will  do  in  that  case.  The  Agent  for  the  contractor  for 
masts  etc.,  for  the  Royal  Navy  has  also  lately  built  4  saw  mills 
but  pretends  they  are  upon  his  private  property  wch.  was  a 
new  acquisition  on  purpose  under  his  lycence  for  cutting  trees 
etc.  Has  given  a  full  account  to  the  Admiralty.  Continues  : 
I  have  been  in  several  parts  of  the  new  Province  of  Georgia  and 
have  began  to  settle  the  people  who  last  year  petitioned  his 
Majtie.  from  hence  for  leave  to  settle  to  ye  eastward  of 
Kennebeck  River,  most  part  of  that  country  is  claimed  by 
people  of  this  Province  under  old  grants  from  the  Council  of 
Plymouth  in  1629  and  Indian  deeds  of  later  dates,  some  for  30 
miles  square  and  for  ye  consideration  of  a  few  skins.  I  told 
all  these  claimants  that  it  was  judged  in  England  that  the 
property  to  all  those  lands,  wch.  are  included  in  Nova  Scotia, 
was  intirely  in  the  Crowne,  and  that  H.M.  being  now  desireous 
to  have  them  settled,  improved,  and  made  usefull  to  England 
would  give  them  to  such  of  his  good  subjects  as  would  goe 
upon  the  immediate  settlemt.  therof,  reserveing  onely  one 
penny  sterl.  pr.  acre  quit-rent,  many  seemed  thankfully  willing 
to  accept  the  King's  favour,  but  Dr.  Cook  and  others  of  his 
turbulent  kidney  refused  to  pay  any  the  least  acknowledgment 
to  his  Majesty  etc.  Refers  to  former  letter  and  the  answer  he 
gave  them,  "  that  until  I  should  receive  further  instructions 
I  would  not  concern  myself  with  any  lands  thus  claimed,  and 
since  there  are  so  many  of  them  that  if  they  are  allowed,  the 
King  will  have  no  more  there  than  here,  and  the  country  as 
hitherto  may  lye  forever  a  wilderness.  I  made  choice  to  plant 
the  people  I  carried  wth.  me  at  Pemaquid  about  7  leagues  to 
the  eastward  of  Kennebeck  River,  there  was  formerly  a  stone 
fort  at  that  place  but  destroyed  by  the  French  before  the  peace 
of  Reswick.  I  raisd  a  dry  stone  wall  upon  the  old  foundation, 
and  built  barracks  wth.  inside  for  200  people,  as  soon  as  that 
was  done  I  hoisted  the  Union  Flag  under  a  discharge  of  a  few 
ship  guns  and  3  vollies  of  small  armes,  and  with  all  the  people 
drank  to  his  Majesty's  health,  the  entrance  into  this  harbour 
is  easy  and  open  and  very  safe  anchoridge  within,  it  was 
formerly  much  frequented  by  fishing  vessels,  but  since  ye 


550  COLONIAL   PAPERS. 

1729. 

demolition  of  the  fort,  they  have  not  gone  there  fearing  the 
Indians,  whenever  it  is  rebuilt,  it  will  be  of  great  advantage 
to  the  shipping  who  trade  hither,  and  instead  of  being  blown 
from  off  this  coast  in  winters,  as  often  happen,  they  can  put 
in  there  and  lye  safe  until  a  favourable  opportunity  to  put  to 
sea  again,  when  in  a  little  more  than  one  day  they  may  reach 
Boston  ;  the  land  contiguous  to  it  is  good  but  covered  with 
small  spruce,  some  oak  and  birch,  the  people  are  this  winter 
imployed  in  clearing  the  land  for  gardens,  pasture  and  corn. 
I  have  ordered  a  few  acres  to  be  prepared  for  hemp,  wch.  I 
intend  to  putt  into  the  ground  in  Aprill  if  the  seed  I  now  write 
for  arrives  in  time  ;  there  is  very  little  of  that  usefull  commodity 
raised  in  this  country  to  ye  eternal  shame  of  the  inhabitants, 
who  are  the  worst  at  improvements  of  any  people  in  ye  world, 
even  their  bread  corn  comes  from  other  provinces,  and  the 
pitch  and  tarr,  wch.  they  export,  is  first  imported  from  the  2 
Carolinas.  I  did  intend  to  have  honour'd  the  first  settlemt. 
with  the  name  of  St.  Georges,  but  there  being  a  fine  river  by 
that  name  10  leagues  to  ye  eastwd.  of  Pemaquid,  I  have  called 
it  Fredericksburg.  I  am  afraid  it  may  be  thought  I  have 
been  too  forward,  and  have  gone  beyond  my  power  ;  here  I 
found  such  a  spirit  and  earnest  desire  in  many  people  to  make 
the  settlement,  that  to  have  delayd  it  would  have  baulked  it, 
this  I  humbly  hope  will  plead  my  excuse.  Within  this  new 
Province  are  many  forests  of  large  white  pine  trees,  so  that  the 
Royal  Navy  can  never  want  a  supply,  but  even  the  lands 
wherein  they  stand  are  claimed  with  all  trees,  woods,  and  a 
hundred  et  coetera's,  as  I  have  seen  in  long  lawyers'  deeds,  if 
such  are  allowed  H.M.  has  done  there,  it  may  lye  wast  for  ever, 
but  if  one  common  answer  is  given  to  all,  and  that  the  sole 
property  is  in  the  Crowne,  I  dare  answer  that  the  Province  of 
Georgia  will  soon  recommend  itselfe  to  the  Royal  favour,  and 
rival  its  neighbours,  in  ye  spring  a  great  many  hundred  familys 
of  substance,  and  the  best  of  the  fishermen  of  this  country  will 
go  thither  if  not  countermanded,  the  scituation  was  designed 
by  nature  for  the  fish  trade,  ye  fish  being  now  taken  in  great 
abundance  near  ye  shore,  and  made  and  cured  in  better  time, 
is  preferable  at  market  to  fish  brought  farther  to  the  shore  etc. 
Is  concerned  to  hear  that  Mr.  Hintz  had  not  set  out  in  October 
for  Germany  to  conduct  the  Palatines.  Hopes  they  will  arrive 
before  he  meets  the  Indian  tribes  in  the  summer,  not  that 
numbers  of  people  will  be  wanting,  but  he  thinks  they  will  be 
very  useful.  Has  written  to  the  Duke  of  Newcastle  about 
Pemaquid,  and  the  disregard  of  the  Massachusetts  Bay  to  the 
royal  letters  and  instructions  on  that  head.  Continues :  So 
far  are  they  from  shame  or  remorse  on  that  account,  that  they 
have  even  now  printed  an  abstract  of  all  their  proceedings 
upon  that  subject,  and  their  obstinate  withstanding  fixing  the 
Governour's  sallary  (enclosed)  etc.  ;  it  has  so  harden'd  them 


AMERICA   AND   WEST   INDIES.  551 

1729. 

that  they  are  now  firmly  of  opinion  that  if  the  Legislature  at 
home  could  have  touched  their  Charter,  so  many  letters  would 
not  have  been  sent  from  Court.  Refers  to  Mr.  Dummer's  letters 
to  him  and  his  answers,  sent  to  the  Duke  of  Newcastle.  A 
ship  sailing  sooner  than  he  expected  he  cannot  send  copies  etc. 
Hopes  the  Board  will  think  a  few  small  arms,  artillery  and 
ammunition  necessary  for  this  new  settlement  etc.  P.S.  I 
am  informed  there  has  been  a  meeting  of  several  of  the  claimants 
in  Georgia  and  money  raised  by  subscription  to  imploy  Agents 
in  England  to  sollicit  a  confirmation  of  their  claims,  some  of 
them  are  for  whole  islands,  10  or  15  miles  in  length,  where 
chiefly  are  the  forests  of  masts  ;  in  short  all  the  lands  that  are 
vallueable  are  claimed  by  one  or  another,  and  now  there  is  an 
appearance  of  making  settlements,  those  people  would  hinder 
them,  who  from  the  beginning  never  made  any  themselves. 
Signed,  David  Dunbar.  Endorsed,  Reed.  30th  Jan.,  Read  6th 
May,  17M-  8|  pp.  Enclosed, 

1018.  i.  Proclamation  granting  permission  for  felling  white 
pine  trees  not  exceeding  24in.  in  diameter,  or  trees 
promising  to  grow  to  masts,  etc.,  after  notice  given, 
until  a  survey  can  be  made  etc.  Boston,  Dec.  2,  1729. 
Signed,  David  Dunbar.  Endorsed,  Reed.  30th  Jan. 
17f  $.  Printed.  1  p. 

1018.  ii.  A  Collection  of  the  proceedings  of  the  Great  and 
General  Court,  or  Assembly,  of  His  Majesty's  Province 
of  the  Massachusetts  Bay,  in  New  England.  Pro- 
ceedings and  Instructions  relating  to  the  Governor's 
salary  1691-1729.  Printed  by  order  of  the  House  of 
Representatives.  Boston :  Printed  by  T.  Fleet,  in 
Pudding  Lane,  1729.  Endorsed  as  preceding.  112 
pp.  [C.O.  5,  871.  ff.  23-84i;.,  85i;.  ;  and  (enclosure 
ii  only)  5,  752.  No.  46.] 

Dec.  10.  1019.  Col.  Dunbar  to  the  Duke  of  Newcastle.  Since  I 
Boston,  had  the  honour  of  writeing  last  to  your  Grace,  I  have  been  as 

EnNkuid  ^ar  as  PemacLuid  in  the  new  intended  Province  of  Georgia, 
haveing  landed  there  ye  20th  Oct.,  with  about  100  men  of  those 
who  last  year  sent  home  a  petition  to  H.M.  for  leave  to  settle 
to  the  eastward  of  Kennebeck  River.  We  made  hutts  of  spruce 
trees  for  our  lodging  etc.  I  imployed  the  men  with  me  to  raise 
a  dry  stone  wall  upon  the  old  foundation  [of  the  fort  at  Pemaquid] 
etc.,  and  in  building  barracks  within.  As  soon  as  the  walls 
were  finished,  I  hoisted  the  Union  Flag  under  a  discharge  of 
7  small  ship  guns  wch.  I  carried  with  me  and  3  vollies  of  small 
armes,  and  we  all  drank  to  H.M.  health.  I  called  in  at  Piscatua 
in  N.  Hampshire,  and  at  Winter  Harbour  and  Casco  Bay  in 
Main  in  my  voyage,  at  the  latter  I  went  on  board  the  New 
Hampshire  mast  ship  then  ready  to  sail  to  England  for  the 
use  of  the  Royal  Navy.  So  soon  as  I  raised  the  walls  of  the 


552  COLONIAL   PAPERS. 

1729. 

old  Fort  and  hoisted  the  King's  colours  I  called  ye  place 
Fredericksburg.  I  would  have  called  it  St.  Georges,  but  that 
there  is  a  large  navigable  river  already  of  that  name  10  leagues 
farther  east.  Pemaquid  has  a  fine  harbour  etc.  Refers  to  its 
former  history,  cf.  C.S.P.  1697,  1702,  1705  etc.  Continues  :— 
It  has  frequently  been  recommended  to  the  Assembly  of  the 
Massachusetts  Bay,  to  rebuild  it  without  any  regard  had 
thereunto,  as  may  fully  appear  from  a  book  wch.  I  herewith  take 
the  liberty  to  transmit,  the  design  of  printing  this  book  at  this 
time  is  expressed  in  the  first  page,  and  appears  to  me  to  be  to 
keep  the  same  spirit  in  this  people  who,  do  not,  for  the  most  part, 
stand  in  need  of  such  help ;  it  maybe  worth  perusal  tho'  hardly  to 
be  read  with  any  temper  ;  there  are  100  instances  of  refuseing 
the  recommendation  of  the  Crown  to  fix  a  sallary  in  the 
Governours.  I  was  followed  to  Fredericksburg  by  two  other 
vessels  full  of  people,  and  every  day  ye  sight  of  the  King's 
colours  brought  in  fishing  scooners  and  boats,  crossing  the 
bay,  to  see  wt.  was  the  occasion  of  it,  their  joy  was  very  great, 
many  of  them  haveing  formerly  known  the  conveniency  of 
shelter  there,  it  being  near  the  fishing  places,  and  has  not  for 
many  years  been  frequented  for  fear  of  the  Indians.  I  had 
visits  from  many  of  them  at  different  times,  and  on  the  12th 
of  Nov.  about  25  of  them  came  in  a  body  with  the  chiefs  of  the 
tribes  of  Penobscot  and  Narigwack  at  their  head,  they  sent 
to  acquaint  me  that  they  desired  to  see  me  etc.,  I  received  them 
with  much  civility.  I  told  them  I  was  come  from  the  King  of 
England  to  renew  settlemts.  there  wch.  were  began  100  years 
ago.  They  told  me  King  George  was  welcome  and  I  was 
welcome.  One  of  their  old  men  asked  me  how  little  King 
William  did,  and  explained  himself,  by  saying  King  George's 
little  son,  when  I  told  he  was  very  well,  he  sayd  they  were  glad 
of  it,  for  they  had  heard  from  Canada  that  King  George  gave 
their  country  to  his  little  son,  I  sayd  H.M.  might  do  so,  but 
it  was  not  declared  when  I  left  England ;  they  seemed 
extreamly  well  pleased  to  have  settlements  near  them,  where 
they  may  be  supplyed  with  blankets  and  provision  in  exchange 
for  their  furrs,  wch.  they  often  carry  to  Canada  above  200  miles 
by  land.  When  I  entertained  them  all  together  (for  there's 
no  distinction  but  in  War  and  Council  between  the  King  and 
any  other)  some  were  merry,  and  one  of  the  Segamores  (which 
is  noble  among  them)  sayd  that  the  land  about  Pemaquid  was 
his  and  he  would  sell  it  to  me  for  what  I  pleased  to  give  him. 
I  told  him  I  did  not  come  there  to  buy  land,  nobody  had  a 
right  to  sell  any  for  it  all  belonged  to  the  King,  my  Master, 
and  had  for  many  years,  the  man  seemed  satisfyed,  laughed 
and  sayd,  then  King  George  was  welcome,  he  freely  gave  it  to 
him,  and  would  lay  no  other  claim  to  it,  but  to  desire  he  might 
have  the  liberty  of  coming  thither  as  his  occasions  should 
require.  I  sayd,  he  and  all  of  them  should  be  free  at  all  times 


AMERICA   AND   WEST   INDIES.  558 

1729. 

to  come  and  goe  where  they  pleased  without  interruption. 
Wynongonet  (wch.  is  the  name  of  ye  King  of  the  Penobscot 
tribe,  a  well  looking  man,  more  like  a  French  man  than  an 
Indian)  seeming  grave  and  reserved,  I  asked  ye  reason  of  it, 
he  answered  that  it  was  in  great  respect  to  me  that  he  was  so, 
and  when  he  was  better  acquainted,  he  would  be  as  merry  as 
I  pleased,  they  stayed  a  week  with  me  in  ye  day  time,  but 
retired  every  evening  to  their  camp  or  wigwams  made  with 
boughs  of  trees,  covered  with  birch-bark,  at  a  smal  distance 
from  the  Fort,  I  allways  gave  them  provision  with  them  ; 
When  they  came  to  take  leave,  Wynongonet  told  me  they  had 
dispatched  2  months  before  a  messenger  to  the  French 
Governour  at  Quebeck  to  know  his  opinion  of  an  English 
settlement  among  them,  they  believed  he  would  be  against  it, 
and  would,  by  the  Jesuits,  stir  up  the  Canada  Indians  against 
it,  but  as  for  himself  and  the  Indians  on  the  sea  coast,  they 
desired  to  live  in  peace,  and  would  do  so  and  keep  friendship 
with  the  English  as  long  as  they  were  well  used,  they  never 
made  warr  but  to  resent  an  affront  or  revenge  ill  treatment, 
they  sayd  yt.  Governour  Dummer  was  a  good  man  but  he 
had  not  power  like  the  Governour  of  Canada  to  performe  what 
he  promised.  All  they  desired  of  me  was  to  suffer  them  to 
follow  their  hunting  and  fishing  without  molestation,  and  to 
keep  truck  houses  where  they  might  trade  with  their  furrs 
without  being  cheated,  and  they  hoped  I  would  give  them 
some  few  presents  and  commissions  as  the  Govr.  of  Canada 
does,  and  New  York  to  their  neighbouring  Indians.  I  promised 
them  ye  libertyes  they  desired  and  that  nobody  should  be 
suffered  to  abuse  or  wrong  any  of  them,  I  then  gave  a  few 
laced  hats,  blankets,  pipes,  tobacco  and  a  little  powder  and 
small  shot  for  their  hunting.  We  parted  in  very  good  termes, 
they  were  very  thankfull  and  desired  they  might  meet  me  in 
their  tribes  in  May  or  June  next,  to  come  to  an  understanding 
with  each  other.  They  are  poor  miserable  people  in  comparison 
to  others,  haveing  no  settled  "habitations,  and  even  their  food 
uncertain,  their  dress  is  frightful!,  and  upon  extraordinary 
occasions  they  make  themselves  hideous  with  red  paint,  they 
clean  their  hands  in  their  hair  and  make  large  holes  thro'  their 
ears  in  which  they  putt  scutts  of  hares,  long  feathers  and  long 
tobacco  pipes.  All  the  expense  I  was  at  by  them  was  within 
£37  sterl.,  wch.  I  do  not  mention  with  design  to  ask  it,  a  small 
matter  so  bestowed  may  keep  allways  quiet,  and  so  prevent  a 
larger  expence  and  much  trouble.  Dureing  my  stay  in  Georgia 
I  went  up  3  of  the  great  rivers,  wch.  are  navigable  for  large 
ships,  25  miles  into  the  country,  they  are  wide  and  deep  but 
in  most  places  rocky  shores,  the  names  of  them  are  Johns  river, 
Damarescotty  river,  and  Shepscot  River,  they  all  lye  between 
Kennebeck  and  Fredericksburg,  wch.  is  not  above  7  leagues 
in  all,  so  that  they  must  be  very  near  one  another,  the  land  is 


554  COLONIAL   PAPERS. 

1729. 

neither  mountainous  nor  level,  but  in  easy  hills,  where  a  plough 
may  goe  ;  all  is  covered  with  trees  mostly  spruce,  but  there 
are  good  white  pines  and  large  oaks,  nobody  that  had  the  care 
of  the  woods  on  this  Continent  ever  was  in  these  parts  before 
me,  and  'tis  pitty,  for  the  people  from  this  Province  have  made 
it  a  practice  many  years  to  send  thither  to  make  cannoos  and 
shingles  of  the  largest  mast  trees,  and  staves  of  oak  fit  for  ship 
building,  leaveing  the  crooked  parts  to  rott  on  the  ground  ; 
as  those  rivers  with  others  are  wide  and  long  it  will  be  difficult 
to  prevent  this  practice,  my  best  endeavours  shall  not  be 
wanting,  but  really  it  will  be  impossible  without  a  small  sloop 
and  6  men  to  attend  me  ;  I  burnt  in  one  of  the  rivers  above 
60  cannoos  made  this  last  summer  out  of  trees  fitt  for  large 
masts,  and  a  parcel  of  shingles.  I  just  in  time  prevented  a 
tree  of  39  inches,  with  ye  bark,  in  diameter,  and  a  proportionable 
length,  from  being  cutt  by  a  shingle  maker,  and  have  left  two 
deputations  in  those  parts  to  guard  ye  woods  this  winter ;  I 
have  accounts  of  fine  forests  of  masts  in  that  province,  on  ye 
east  side  up  Kennebeck  river,  besides  many  wch.  I  saw  myself, 
so  that  H.M.  Royal  Navy  can  never  be  in  danger  of 
wanting  masts,  yards  and  bowspritts,  tho'  in  my  humble 
opinion,  as  all  the  land,  at  least  100,000  acres  best  wooded  and 
nearest  navigable  water,  are  to  be  reserved  as  a  nursery  for  the 
Royal  Navy  in  this  new  Province,  the  masts  there  should  be 
preserved  until  new  Hampshire  and  Province  of  Main  are 
exhausted,  which  wth.  care  may  yet  supply  England  for  several 
years,  altho'  vast  destruction  has  been  made  among  the  woods, 
where  many  saw-mills  are  erected  to  cutt  them  into  planks 
and  boards  etc.  In  spite  of  his  remonstrances,  Mr.  Waldoe, 
the  Agent  for  the  contractor  with  the  Navy  Office,  insists  upon 
his  right  to  use  sawmills  which  he  says  he  has  built  upon  his 
private  property  etc.  Continues :  So  many  claims  and  titles 
to  lands  in  Georgia  were  made  to  me,  that  if  they  are  allowed, 
H.M.  has  none  there.  I  have  seen  some  pretended  Indian 
deeds  of  different  dates  wherein  30  miles  square  were  sold  for 
50  skins,  and  even  several  deeds  to  different  people  for  the  very 
same  tracts  of  land,  and  many  of  the  Indians  say  that  the  people 
pretending  to  sell  those  lands  had  no  claim  or  right  to  them. 
Most  of  these  claimants  are  willing  and  thankfull  to  take  new 
titles  or  grants  from  H.M.  as  proposed  at  one  penny  sterl.  quit 
rent  pr.  acre,  and  would  go  upon  the  immediate  settlemt.  and 
improvement  of  the  lands,  but  they  desire  3,  4,  500  and  some 
a  thousand  acres  according  to  their  familys  and  abilitys,  wch. 
is  more  than  was  proposed  by  the  Lords  Commissioners  for  Trade 
to  be  in  one  grant,  the  spirit  to  make  this  new  settlement  is  now 
so  strong  in  these  parts  that  if  it  be  not  baulked,  a  more  consider- 
able progress  will  be  made  in  3  or  4  years,  than  ever  was  in  any 
Collony  in  40  years,  and  I  flatter  myselfe  be  more  usefull  to 
England  then  some  of  its  neighbouring  plantations,  and  will 


AMERICA  AND   WEST  INDIES.  555 

1729. 

produce  grain  as  in  England.  I  have  opened  some  acres  in 
which  I  intend  to  put  hemp  seed  in  Aprill  next  if  the  seed 
arrives  in  time  wch.  I  now  send  for,  and  I  shall  hope  to  send 
some  of  the  produce  next  year  to  the  Navy  for  a  sample  and 
tryal.  If  the  Pallatines  come  soon  after,  they  are  skill'd  in 
dressing  it,  and  are  good  husbandmen  and  artificers.  As  it 
was  proposed  to  make  this  settlement  without  expence  to  H.M., 
everything  in  my  power  shall  not  be  wanting,  but  if  it  be 
thought  expedient  at  home  that  the  fortifications  should  be 
rebuilt,  and  that  a  few  pioneers  tools  be  sent  me  from  the 
Ordnance  Office  and  any  summ  of  money  payd  as  the  Lords 
Commissioners  shall  appoint,  I  will  husband  it  to  ye  best 
advantage  etc.  The  guns  which  were  at  Pemaquid  when  taken 
by  the  French  were  carried  to  St.  Johns  in  ye  bay  of  Fundy, 
afterwards  to  Annapolis,  where  I  am  credibly  informed,  24  of 
them  lay  last  year  in  the  earth,  useless  ;  at  this  town  of  Boston 
are  a  great  number  of  cannon,  some  of  them  well  mounted  in  a 
fort,  entring  this  harbour,  but  close  to  the  towne  are  34  large 
iron  guns  about  30  to  34  cwt.  mostly  buried  in  rubbish  and 
useless,  tho'  they  are  called  ye  North  and  South  batterys. 
Suggests  that  these  and  a  few  smaller  from  home  be  sent  etc. 
In  expectation  of  their  being  so  ordered,  has  ordered  a  great 
quantity  of  lime  to  be  burnt  from  a  vast  ridge  of  oyster  shells 
near  the  place  and  will  have  oak  plank  ready  for  the  carriages. 
Continues :  This  new  country  being  in  ye  state  as  nature  left 
it,  wild  and  unimproved,  it  will  be  some  time  before  corn  and 
provisions  will  be  plenty,  there  are  many  able  labouring  men 
that  will  want  bread  until  then  if  not  supplyed  by  some  means, 
it  has  been  proposed  to  me  yt.  if  they  could  be  supported  they 
would  repay  the  expence  in  hemp  the  3rd,  4th  and  5th  year. 
What  I  most  covet  at  present  is  a  few  small  armes  and 
ammunition.  I  wish  I  could  have  some  before  I  meet  the 
Indians  in  May  next,  yt  ye  people  may  appear  in  armes,  there 
are  none  to  be  bought  here,  so  that  I  have  not  been  able  to  leave 
above  80  guns  or  firelocks  among  all  ye  men  etc.  Continues  : 
The  Indians  all  along  this  Continent  haveing  Jesuit  Missionarys 
among  them  are  much  influenced  by  the  French  Governour 
at  Quebeck.  Suggests  that  a  letter  be  asked  for  from  the  French 
Court  to  command  him  not  to  stirr  up  the  Indians  against  the 
English  etc.  Continues :  Since  my  return  to  Boston  Mr. 
Dummer  has  seemed  highly  dissatisfyed  that  I  have  been  to 
make  any  foundation  for  a  settlement  in  Georgia,  saying  that 
all  the  lands  as  far  as  Nova  Scotia  is  under  the  Governmt. 
of  this  province,  he  asked  me  if  I  had  any  comn.  or 
authority  for  what  I  did  there,  I  answered  that  in  a  few  days 
he  shd.  be  satisfyed  in  that  point,  hopeing  I  might  have  received 
further  orders  from  home,  and  not  careing  to  shew  him  the 
report  of  the  Lords  Commissrs.  for  Trade,  14th  May  last, 
if  it  had  been  known  that  I  had  not  an  absolute  Commission 


556  COLONIAL   PAPERS. 

1729. 

it  would  have  spoiled  ye  undertakeing  etc.     Refers  to  enclosures. 
Continues :  The  behaviour  of  many  of  the  people  here  has  often 
ruffled  me,  some  do  publiquely  say  H.M.  has  no  right  to  the 
woods  here,  others  have  asked  me  what  right  the  King  had 
to  any  lands  here,  and  how  he  came  by  such  right,  some  have 
claimed  by  Indian  titles  so  late  as  dated  in  1719,  and  in  their 
deeds  they  have  warrantees  to  defend  the  possession  against 
all  persons  whatsoever  ;   the  people  of  this  Province  now  sitting 
here  in  Council  and  Assembly  are  upon  laying  out  a  line  of 
towns  before  they  have  a  new  Governour,  the  upper  and  lower 
Houses   do   not   aggree,    ye   former   wth.    the   late   Governour 
haveing  nominated   [an]   Attorney   General,   the   latter  lately 
upon  ye  annual  day  of  election  insisted  to  have  a  right  of 
nomination,   wch.   the  upper  refuseing  it  was  moved  in  the 
House  of  Representatives  by  the  famous  Dr.  Cook,  that  there 
should  be  an  order  of  the  House  to  the  Grand  jurys  to  regard 
any  indictment  or  presentment  of  the  Attorney  General  onely 
as  wast  paper  ;    they  are  upon  some  methods  how  to  raise  ye 
vallue  of  their  bills  of  credit,  wch.  are  now  so  low  as  20  sh.  pr. 
ounce  for  silver  there  is  about  £300,000  of  these  bills  from  this 
province,  they  were  at  parr  at  first,  and  some  people  who  then 
lent  out  money  to  interest,  if  they  were  now  repd.  principal 
and  interest,  would  not  get  back  one  half  of  the  vallue  of  what 
they  lent  at  first.     It  is  wonderfull  to  see  how  little  this  province 
has  been  improved,  and  chiefly  occasioned  by  two  great  tracts 
of  land  in  few  hands,  some  having  several  hundred  thousand 
acres,  and  tho'  improved  land  sells  very  dear,  the  whole  that  is 
layd  out  into  townships  does  not  yeild  3  pence  pr.  acre  one 
with  another.     I  have  been  thinking  that  if  ye  Charter  here  be 
declared  voyd  or  forfeited  by  Parliament,  and  in  the  new  form 
of  Governmt.  all  new  stragling  towns  excluded  from  sending 
Representatives,  their  number  wd.  be  diminished  to  one  third, 
and   these   for   the   principal   towns   might   be   men   of  some 
substance,  whereas  at  present  to  see  such  as  are  sent  from  the 
new  towns  looks  like  mockery,  if  then  a  smal  tax  of  one  penny 
sterl.  was  proposed  to  be  raised  upon  all  lands  layd  out  into 
townships  and  granted  to  private  people  pr.  acre,  to  pay  off 
the  debt  and  cancel  their  bills  of  credit,  many  would  relinquish 
their  remote  grants  not  yet  improved  (wch.  would  thereupon 
fall  to  H.M.)  and  remove  nearer  the  seashore,  so  that  the  settle- 
ments  would   be   more   compact   and   ye   lands   much   better 
improved.     I  dare  say  some  millions  of  acres  would  be  dis- 
claimed rather  than  pay  this  trifle  especially  for  lands  remote. 
The  Province  of  Maine,  wch.  is  annexed  to  the  Masachusets, 
is  devided  from  it  by  ye  Province  of  New  Hampshire,  wch. 
is  a  distinct  Governmt.  and  a  very  small  one,  it  would  certainly 
be  more   for  the   ease   of  the   people  either  that   Maine  and 
Hampshire  were  annexed,  or  New  Hampshire  to  the  Masachusets 
and  Main  to  Georgia,  to  wch.  it  now  joyns,  onely  Kennebeck 


AMERICA   AND   WEST   INDIES. 


557 


1729. 


Dec.  11. 

St.  James's. 


Dec.  11. 

St.  James's 


Dec.  11. 

Whitehall. 


Dec.  11. 

St.  James'e. 


river  between  them  etc.     Signed,  David  Dunbar.     Endorsed,  R. 
Feb.  3rd.     18  pp.     Enclosed, 

1019.  i.  Duplicates  of  Nos.  1042  i-iv.     [C.O.  5,  898.     Nos. 

62,  62  i-iv]. 

1020.  Order  of  King  in  Council.     Referring  to  a  Committee 
of  the  Council  the  Representation  upon  the  Acts  of  Jamaica 
relating  to  Port  Antonio  etc.     Signed,  Ja.  Vernon.     Endorsed, 
Reed.   30th  May,  Read  4th  June,   1730.     l£  pp.     [C.O.   137, 
18.    ff.  74,  740.,  75v.] 

1021.  Order  of  King  in  Council.      Approving  draught  of 
Commission  "  for  George  Forbes  commonly  called  Lord  Forbes  " 
to   be   Governor   of   the    Leeward    Islands    etc.      Signed    and 
endorsed  as  preceding.     1  p.     [C.O.  152,  17.    ff.  138,  139u.] 

1022.  Council     of     Trade     and     Plantations     to     Lord 
Townshend.        Enclose    following    to    be    laid    before    H.M. 
Annexed, 

1022.  i.  Same  to  the  King.  Enclose  following  as  ordered 
Nov.  28. 

1022.  ii.  Draught  of  Commission  for  Jonathan  Belcher  to 
be  Governor  of  the  Massachusets  Bay,  "in  the  same 
form  as  that  granted  to  Mr.  Burnet." 

1022.  iii.  Commission    for    same    to    be    Governor    of    New 

Hampshire.     [C.O.  5,  916.     pp.  224-260]. 

1023.  Order  of  King  in  Council.      Approving  draught  of 
Commission  for  Governor  Johnson  etc.     Signed,  Ja.  .Vernon. 
Endorsed,  Reed.  30th  May,  Read  4th  June,  1730.     1  p.     [C.O. 
5,  361.    ff.  107,  W8v.  ;  and  5,  192.    /.  47]. 


Dec.  11.         1024.     Order  of  King  in  Council.      Approving  draughts  of 
St.  James's.    Commissions  for  Governor  Belcher,  Nos.  1022  ii,  iii.     Signed, 

Ja.  Vernon.     Endorsed,  Reed.  30th  May,  Read  4th  June,  1730. 

H  PP-     [C.O.  5,  192.    /.  249  ;    and  5,  871.    ff.  112,  118i;.] 

Dec.  11.  1025.  Order  of  King  in  Council.  Repealing  10  acts  of  New 
st.  James's.  York  relating  to  the  Indian  trade,  1720-1729.  On  hearing  the 
petition  of  the  merchants  concerned  and  the  Agent  of  New 
York,  the  Committee  have  reported  that  the  fur  trade  appears 
to  be  highly  affected  by  the  said  act,  and  that  the  clauses 
relating  to  the  execution  of  them  are  greivous  and  oppressive 
etc.  Cf.  A.P.C.  III.  No.  165.  No  signature.  Endorsed, 
Reed.  30th  May,  Read  4th  June,  1730.  5|  pp.  [C.O.  5,  1055. 
ff.  125-127i;., 


558 


COLONIAL   PAPERS. 


1729. 
Dec.  13. 

St.  James's. 


Dec.  13. 

St.  James's. 


Dec  .15. 

Whitehall. 


Dec.  16. 

Whitehall. 


Dec.  16. 

St.  James's. 


Dec.  16. 

St.  James's. 


Dec.  16. 


1026.  H.M.  Warrant  for  appointing  George,    Lord  Forbes 
Governor  of  the  Leeward  Islands  and  revoking  the  Commission 
of    the    Earl    of    Londonderry.     Countersigned,     Townshend. 
[C.O.  5,  192.     pp.  25-40.] 

1027.  H.M.  Warrant  appointing  Robert  Johnson  Governor 
of  S.  Carolina,  and  revoking  the  Commission  of  Francis  Nicholson 
deed.     Countersigned,   Townshend.     [C.O.   5,    192.    ff.   48-62]. 

1028.  Mr.  Popple    to  Mr.  Burchet.      My  Lords  Commis- 
sioners having  been  informed  that  Capt.  Davers  had  transmitted 
to  the  Lords  Commrs.  of  the  Admiralty  some  account  of  the 
present  state  of  Sta.  Lucia  and  St.  Vincents,  particularly  in 
relation  to  the  proceedings  of  the  French  there  etc.,  requests  a 
copy.     [C.O.  29,  15.     p.  121.] 

1029.  Mr.  Popple  to  Mr.  Scrope,   Secretary  to  the  Treasury. 
Desires  copy  of  surrender  of  the  Lords  Proprietors  of  Carolina 
to  the  Crown,  and  of  all  such  papers  as  may  be  necessary  to  be 
perused  for  forming  Instructions  for  Governor  Johnson   etc. 
[C.O.  5,  400.     p.  270.] 

1030.  H.M.      Warrant      appointing      Jonathan      Belcher 
Governor  of  New  Hampshire  and  revoking  the  commission  of 
William    Burnet.     Countersigned,    Townshend.     [C.O.    5,    192. 

ff.  251-264.] 

1031.  H.M.      Warrant      appointing      Jonathan       Belcher 
Governor  of   the  Massachusetts  Bay,  and  revoking  the  com- 
mission of  William  Burnet.     Countersigned,  Townshend.     [C.O. 
5,  192.    ff.  345-359.] 

1032.  [?  Duke  of  Montagu  to  the  ?    Duke  of  Newcastle]. 
In  answer  to  request  of  5th  currt.  sends  following  report  upon 
"  the  state  and  trade  of  the  French  Islands,  especially  that 
part   of  Espaniola   belonging  to   France."     Though   we   were 
the  first  settlers  of  the  Caribian  Islands,  we  left  the  best  for  the 
French,   both  as   to   harbours,   rivers   and   extent   etc.     Their 
fortifications  are  more  regular  and  better  kept  in  order  than 
in  any  of  our  islands.     They  have  14  or  16  companies  of  the 
King's  in  their  islands  much  better  taken  care  of  than  ours,  the 
K.  sending  constant  supply  of  provisions  and  cloaths  from  France. 
They  have  besides  the  officers  of  these  companies  several  old 
old  officers  of  the  King's  who  act  as  Lieutenants  to  the  General, 
posted  about  the  island  etc.     Now,  since  the  sending  the  General 
and  Intendant  prisoners  to  France,  they  have  a  guard  of  Swiss 
in  Fort   Royal.       Their  islands  in  general  being  mountainous 
especially    Martinique    makes    it    naturally    very    strong    and 
with    its    numerous    inhabitants    impregnable.,    as    must    have 


AMERICA   AND   WEST   INDIES.  559 

1729. 

been  the  opinion  of  M.  de  Philipeaux,  who  was  much  too  great 
a  man  for  an  American  General.  Tells  story  of  his  banishment 
to  Martinique  for  speaking  disrespectfully  of  the  Duke  of 
Savoy,  and  how,  as  Governor  he  began  to  prepare  for  a  revolution 
there  and  to  set  up  a  free  state  of  Martinique  after  the  Venetian 
model,  "  only  no  changing  the  Doge."  Papers  relating  to  this 
scheme  were  found  upon  a  protege  of  his  who  died  in  Paris, 
after  the  death  of  M.  de  Philipeaux.  The  latter  had  been 
attended  for  a  fit  of  the  gout  by  a  phisician  newly  arrived  from 
France  and  recommended  to  his  protection,  who  gave  him 
something  to  ease  his  pain,  which  did  it  effectually,  and  then 
disappeared.  Continues  :— Before  I  heard  this  story  I  was 
told  that  the  General  and  Intendant  (who  was  sent  home  by 
the  people  at  Martinique  to  France)  had  orders  to  discourage 
as  much  as  possible  the  settling  any  more  plantations  at 
Martinique,  and  to  exert  the  laws  against  trading  with  foreigners 
with  severity  etc.,  because  the  Court  resolved  to  encourage 
Espaniola  more  than  these  Windward  Islands,  but  after  I 
learned  the  above  affair  I  was  of  opinion  that  the  Court  was 
jealous  of  the  strength  of  that  Colony  etc.  Describes  in  detail 
the  arrest  of  the  General  and  Intendant,  8,000  men  having  been 
got  together  secretly  under  arms,  determined  to  defend  them- 
selves from  oppression,  and  acting  with  perfect  discipline  etc. 
They  can  at  present  command  about  15,000  white  men  for 
defence,  and  as  many  good  negroes.  Continues  : — As  to  its 
trade  it  is  encreased  prodigiously  both  as  to  the  export  of  its 
produce  to  France  which  consists  of  sugars,  muscovado  and 
clayed,  also  cotton,  and  in  a  little  time  expect  to  send  home 
cocoa  again,  when  their  young  trees  are  grown  up,  as  also 
coffee,  having  in  many  plantations  several  thousand  trees 
which  will  prove  more  profitable  than  cocoa  etc.  I  believe  now 
every  year  there  is  more  than  200  sail  of  good  ships  sent  loaden 
to  France.  Next  is  it's  trade  here  in  America  by  it's  great 
number  of  sloops,  which  does  not  amount  to  much  less  than 
150  and  ten  men  one  with  the  other  makes  1,500  seamen. 
What  encourages  this  navigation  is,  that  their  port  charges  is 
not  excessive  as  ours  are,  but  very  easie  or  little  or  nothing 
taken,  a  pass  port  for  six  months,  many  of  these  sloops  are 
coasters  about  Martinique,  etc.  Those  that  go  further  off  carry 
many  men  and  rich  cargoes  and  goes  all  over  the  Spanish 
American  coast  to  their  own  great  island  of  Espaniola,  and  by 
stealth  to  the  English  islands,  some  have  been  lately  to  Brasil 
etc.,  some  to  Canada  and  Cape  Briton,  some  by  virtue  of  the 
English  registers  they  buy  with  the  sloops  and  Irishmen  goes 
to  our  Northern  Colonies,  especially  to  Boston,  where  they 
send  their  molasses  and  rum  in  our  vessells  on  freight  and 
build  vessels  for  their  own  trade,  which  should  be  taken  notice 
of,  and  which  the  French  Governments  countenance,  because 
the  trade  of  France  is  not  prejudiced  by  selling  the  rum  and 


560  COLONIAL   PAPERS. 

1729. 

molasses  to  the  English,  some  goes  to  the  Cape  Verd  Islands, 
and  some  of  them  now  and  then  steals  a  voyage  to  the  coast 
of  Guinea,  several  to  Cadiz  and  the  Canaries,  now  they  have 
the  liberty,  on  securing  the  K.  his  dutys  as  if  they  went  to 
France.  And  tho'  their  K.'s  orders  are  as  strict  against  all 
forreign  trade,  yet  their  great  Officers  on  several  occasions 
have  a  discretionary  power  to  dispence  with  that  severity 
when  for  the  subjects'  good,  especially  as  to  such  things  as 
does  not  hurt  the  navigation  and  trade  of  France  vizt.,  horses, 
mules,  slaves  etc.,  sometimes  provissions  when  wanted,  pay- 
ments in  rum  and  molasses  of  no  service  to  France,  nor  the 
ships  from  France,  further  all  Spanish  vessels  are  welcome 
into  any  of  their  ports  because  it  is  well  known  they  bring  no 
goods  to  sell  that  can  hurt  the  manufactorys  of  France,  nothing 
but  money  or  some  American  produce  which  is  an  advantage 
in  buying  the  French  goods  etc.  Another  great  matter  that 
advantages  their  trade  is  their  excellent  maritime  laws  that  no 
nation  in  the  world  can  boast  of  the  like,  these  keep  their 
seafareing  people  under  better  orders  than  ours  both  masters 
and  men,  which  if  misbehave  on  a  voyage  to  the  prejudice  of 
the  merchant  are  certainly  punished  on  a  complaint  made  to 
the  Intendant  or  Commissary  of  Marines,  without  the  charges 
of  an  Admiralty  Court,  as  with  us.  I  wish  we  would  imitate 
the  French  in  what  is  solidly  good,  especially  in  these  maritime 
laws,  as  well  as  in  little  apish  tricks,  and  buffoonery.  I  had 
almost  forgotten  to  take  notice  of  the  advantage  the  French 
have  over  us  in  the  sugar  trade  from  their  Islands  directly  from 
Spain  and  the  Canary s,  tho'  their  laws  doe  oblige  their  subjects 
the  same  as  ours  to  go  directly  to  France  with  all  their  produce 
of  their  own  Colonies,  in  order  to  secure  the  K.'s  dutys,  yet 
on  a  representation  made  relating  to  the  trade  with  Spain  for 
sugars,  cocoa  etc.  the  K.  has  been  so  indulgent  as  freely  to 
permit  sugars  etc.  to  be  carried  directly  from  his  West  India 
Islands  on  securing  him  his  dutys  the  same  as  if  the  ship  had 
arrived  in  France.  That  is  a  vast  advantage  more  than  the 
English  have,  who  must  carry  the  sugars  etc.  to  Great  Britain 
there  pay  one  freight  and  many  other  charges,  then  another 
freight  from  thence  to  Spain  besides  other  charges  and  a  double 
risque,  so  that  no  man  can  dispute  but  that  the  French  at  this 
prudent  management  will  soon  destroy  our  sugar  trade  etc. 
Describes  Guadeloupe,  Grand  Terre,  Saintes,  Dominica,  Granada, 
Cayan,  and  Hispaniola,  giving  history  of  the  latter  and  details 
of  French  settlements  there.  Guadeloupe  "  has  its  own 
Government,  a  K.'s  Lieut,  or  two,  about  4  companies  of  foot,  and 
can  make  about  1,500  men  with  as  many  fine  negroes,  and  half 
a  dozen  sloops  "  etc.  Points  out  the  danger  threatening  British 
Sugar  Islands  from  a  combined  movement  by  French  troops 
from  Hispaniola  and  Martinique.  The  only  ways  of  preventing 
the  rest  of  the  former  Island  from  falling  into  French  hands  are 


AMERICA   AND   WEST  INDIES.  561 

1729. 

for  the  Spaniards  to  strengthen  their  garrison  there  or  to  give  it 
up  to  Great  Britain,  in  which  case  it  must  be  promptly  and 
strongly  fortified,  settled  and  garrisoned.  Most  of  the  Spanish 
part  is  very  fine  rich  land.  We  should  then  not  only  be  out  of 
any  great  fear  of  the  French,  but  soon  be  able  to  deal  with 
them  in  the  sugar  trade  in  any  part  of  Europe,  and  the  indigo 
too.  The  Spanish  part  is  always  counted  very  healthy  etc. 
Europeans  of  all  Nations  not  being  Papists  should  be 
encouraged,  there  is  also  mines  in  it  of  gold  and  copper  as  good 
as  any  in  the  world.  Endorsed,  Sta.  Lucia.  D.  Montagu. 
R.  Aug.  16,  1730.  28|  pp.  [C.O.  152,  43.  ff.  116-130.] 

Dec.  16.         1033.     Mr.  Sharpe  to  Mr.  Popple.     Requests  the  Council  of 
whit-hail.     Trade  to  attend  the   Committee  of  Council    at    the    Council 

Chamber  in  the  Cockpit  on  the  18th  at  6  p.m.     Signed,  Wm. 

Sharpe.     Endorsed,  Reed.  17th,  Read  18th  Dec.,  1729.     1   p. 

[C.O.  388,  29.     V  8.] 

Dec.  18.  1034.  Mr.  Burchett  to  Mr.  Popple.  Encloses  following 
extracts  in  reply  to  letter  of  15th  inst.  Signed,  J.  Burchett. 
Endorsed,  Reed.  19th,  Read  30th  Dec.,  1729.  f  p.  Enclosed, 
1034.  i.  Extract  of  letter  from  Capt.  Davers,  H.M.S.  Dolphin, 
to  Mr.  Burchett.  Barbadoes,  April  3rd,  1729.  A 
master  of  a  scooner  has  been  with  me  to  complain 
of  the  ill-treatment  he  had  met  with  lately  from  the 
French  at  St.  Vincents,  he  says  they  would  not  suffer 
him  to  bring  away  the  wood  he  had  cut  there,  but 
fired  at  him  all  night  with  small  armes  from  the  shore, 
and  encouraged  the  negroes  and  Indians  to  set  fire 
to  his  vessel,  and  told  him  they  had  orders  from  the 
General  of  Martinico  not  to  suffer  any  of  the  English 
to  cut  wood  there  for  that  all  the  large  timber  was 
preserved  for  carriages,  etc.,  to  help  to  fortify 
Martinico  ;  I  wish  I  could  say  that  we  were  taking 
that  care  at  Barbadoes,  for  our  fortifications  are  in 
a  miserable  condition,  and  half  the  guns  to  the  Leeward 
part  of  the  island  are  either  plug'd  up  or  filled  full  of 
stones  by  the  French  traders  of  Martinico.  The  French 
are  settling  every  day  with  their  families  upon  Sta. 
Lucia,  Dominico  and  St.  Vincents  and  I  am  credibly 
informed  that  they  are  going  to  settle  at  Tobago,  but 
the  three  islands  I  first  mentioned  are  so  well  inhabited 
by  them  that  there  is  not  a  bay  or  anchoring  place 
but  they  have  made  themselves  master  of  it.  Copy. 

HPP- 
1034.  ii.  Extract  from  Same  to  Same,   27th  May,   1729. 

called  at  St.  Vincents  to  enquire  into  the  complaint 
of  the  master  of  the  scooner  etc.  (No.  i).  Con- 
tinues : — Finding  his  complaint  very  just,  I  repre- 

C.P.  XXXVI— 36 


562  COLONIAL   PAPERS. 

1729. 

sented  it  to  the  general  of  Martinico  who  has  promised 
to  have  the  offenders  taken  up  and  severely  punished. 
Tis  computed  that  the  French  has  upwards  of  300 
families  settled  at  St.  Vincents  and  not  many  less  at 
St.  Lucia  and  Dominique.  I  could  not  find  any 
settlement  at  Tobagoe,  only  poor  fishermen  that  was 
turtling.  Copy.  1  p.  [C.O.  28,  21.  ff.  23,  24-25, 
280.] 

Dec.  18.         1035.      Order   of  Committee   of  Council.     Several   of  the 

Whitehall.     Petitioners  heard  upon  enclosed  memorial  quoted,  agreed  that 

the    method   pursued  by  the  present  instruction,  relating  to 

Governor's    salary,    would    not    be    liable    to    any    objection, 

in    case    the    money    so    to    be    settled,    was    limitted    to    a 

reasonable  sum,  and  that  such  sum  was  particularly  specified 

in    the    said    Instructions.      The    Lords    of    the    Committee 

are  therefore  of  opinion,  that  for  preventing  the   grievances 

complained   of,   for  the   future,   a  reasonable    sum    ought  to 

be  limitted  and  specified  in   instructions  and  settled  by  the 

first   Assembly   after    the    Governor's    arrival    etc.       And  for 

preventing  any  inconveniency  that  may  arise  to  the  British 

trade,  from  any  of  the  duties  to  be  raised   for   this  purpose, 

that    a    clause    should    be    inserted  in  the  acts  settling   the 

same,    to    prevent   their   taking   effect,    till   H.M.    in    Council 

hath   approved   thereof  etc.      The   Lords    Commrs.    of  Trade 

are  to  consider  what  sum  will  be  sufficient  to  be  raised  for  the 

support  of  H.M.  Governor  of  the  Leeward  Islands  with  dignity, 

in  addition  to  the  salary  of  £1200  pr.  annum  allowed    from 

hence,  and  to  the  known  perquisites  arising  to  the  Governors 

within  the  severall  islands,  the  amount  of  which  the  said  Lords 

Commissioners   are   to   inform   themselves   of.     And  they  are 

likewise  to  report  what  proportion  each  of  the  said  islands 

should  bear,  in  raising  the  said  sum  etc.     Signed,  Ja.  Vernon. 

Endorsed,  Reed.  23rd,  Read  30th  Dec.,  1729.     3  J  pp.   Enclosed, 

1035.  i.  Petition    of    merchants    and    planters    and    others 

interested  in  and  trading  to  the  Leeward  Islands  to 

the    King.     State   past   and   present   state   of  affairs 

with  regard  to  Governors'  additional  salaries.  Recent 

qualifying  instructions  (1721  and  1728)  have  enabled 

Col.  Hart  and  Lord  Londonderry  to  receive  additional 

gratuities  amounting  to  3  times  the  £1200  paid   them 

by  the  Crown.     Petitioners  have  found  by  experience 

that  the  additional  instruction  tends  greatly  to  the 

endangering  of  the  peace  and  welfare  of  these  islands, 

and  to  the  creating  of  animosities  and  divisions  amongst 

the  planters  etc.  there  with  one  another  and  with  the 

merchants    here    etc.,    to    the    impoverishing    of    the 

islands  and  burthening  of  H.M.  trading  subjects  of 

this   Kingdom   etc.,    particularly   those   concerned   in 


AMERICA   AND   WEST   INDIES.  563 

1729. 

the  negro  and  sugar  trades.  Pray  that  it  may  be 
discontinued  etc.  (v.  A.P.C.  III.  No.  170).  Signed, 
E.  Warner,  Samuel  Travers,  Edwin  Sommers,  Charles 
M.  Neily,  Joseph  Lowe,  Saml.  Bonham,  Edward 
Byam,  James  Alford,  Allard  Bekin,  Crooke  Thomas, 
Samll.  Symes,  Tho.  Butler  junr.,  Wm.  Tryon,  W. 
Gerrish,  Archd.  Cochrain,  Rowd.  Frye,  Rd.  Harris, 
Saml.  Martin,  T.  Wall,  Pr.  de  Lamotte,  John  Yeamans, 
Hum.  Morice,  E.  Papillon  Ball,  Pre.  Soulegre,  Wm. 
Coleman,  Rd.  Boddiott,  James  Fitter,  S.  Bethell, 
Thos.  Tryon.  Copy.  7  pp.  [C.O.  152,  17.  ff.  108- 
113,  114V.] 

Dec.  18.  1036.  Order  of  Committee  of  Council.  Upon  considering 
Whitehall,  ^he  enclosed  petition,  the  Lords  of  the  Committee,  looking  upon 
the  said  proceedings  of  the  Governors  to  be  unwarrantable, 
and  to  tend  greatly  to  the  discouragement  of  so  advantagious 
a  trade  as  that  of  the  Fishery,  and  being  of  opinion  that  all 
kinds  of  fishery  ought  to  be  entirely  free  to  all  H.M.  subjects, 
their  Lordships  hereby  order  that  the  Lords  Commissioners 
for  Trade  and  Plantations,  do  prepare  draughts  of  Instructions, 
for  putting  a  stop,  for  the  future,  to  all  such  claims  of  the  said 
Governors,  and  strictly  requiring  them  not  to  give  any  dis- 
couragement of  any  kind  to  the  fishery  of  H.M.  subjects  upon 
the  coast  of  America  but  on  the  contrary  to  give  all  proper 
encouragement  to  the  same.  Signed,  Ja.  Vernon.  Endorsed, 
Reed.  23rd,  Read  30th  Dec.,  1729.  If  pp.  Enclosed, 

1036.  i.  Petition  of  Thomas  Coram  to  the  King.  Heretofore 
great  advantages  hath  accrued  to  your  Majesty's 
subjects  settled  in  severall  of  H.M.  Plantations  from 
the  oyl  and  finns  etc.  of  whales  killed  on  their  coasts 
etc.  For  some  years  past  the  Governors  of  some  of 
the  said  Plantations  do  as  often  as  they  can  seize  and 
take  to  themselves  the  oyl  and  other  produce  of  such 
fish  from  your  Majesty's  subjects  as  being  your 
Majesty's  right,  pretending  that  whales  and  some 
fishes  are  royall  fish,  which  is  a  great  discouragement 
to  that  fishing  in  those  Plantations,  and  to  many 
persons  from  settling  themselves  there,  and  is  hurtfull 
to  the  trade  of  Great  Britain  etc.  Prays  H.M.  to 
order  that  fishing  of  all  kinds  shall  be  entirely  free 
to  the  inhabitants  in  Nova  Scotia,  and  all  other 
Plantations,  as  it  is  to  the  inhabitants  of  the  Massa- 
chusets  Bay,  and  that  the  Governors  do  not  make  any 
exactions  or  otherwise  discourage  the  Fishery.  1 J  pp. 
[C.O.  323,  9.  ff.  24-25*;.,  27v.] 

Dec.  19.         1037.     Governor  Johnson  to   Mr.  Popple.     According  to  the 
information  you  gave  me  that  it  would  be  agreeable  to  the 


564  COLONIAL   PAPERS. 

1729. 

Lords  for  me  to  lay  before  them  such  things  as  I  conceived  might 
be  necessary  for  their  consideration,  I  beg  leave  to  observe  to 
you,  that  (i)  An  Act  of  Assembly  being  past  about  six  years 
ago  for  sinking  gradually  the  paper  money,  and  orders  from 
H.M.  having  been  since  given  not  to  alter  that  law,  this 
has  occasioned  so  great  an  uneasiness  yt.  the  Assembly  cannot 
be  induc'd  to  proceed  upon  any  business  previous  to  ye  alteration 
and  settling  their  paper  currency,  by  insisting  upon  a  liberty 
to  reissue  all  that  was  to  be  cancell'd  by  the  aforesaid  Act  in 
order  to  defray  the  contingent  expences  of  several  expeditions 
against  their  enemy  which  they  requested  about  three  years 
ago  by  an  humble  address  to  his  late  Majesty  etc.,  the  subject 
matter  of  which  lyes  undetermined,  and  such  is  the  obstinacy 
of  the  Assembly  in  not  being  gratifyed  in  this  matter  that  they 
refused  for  three  years  past  to  provide  any  tax  whereby  to 
raise  money  for  the  defence  and  security  of  the  Province. 
Therefore  this  is  a  point  etc.  upon  which  I  request  to  be  very 
fully  and  clearly  instructed,  (ii)  In  the  disposing  and  settling 
the  quitt-rents  of  lands  as  well  to  be  sold,  as  those  already 
purchased  it  will  be  necessary  to  peruse  an  Act  passed  above 
30  years  ago  to  ascertain  the  prices  of  land  and  payment  of  quitt- 
rents  etc.,  which  Act  the  Assembly  insisting  the  Lords  Proprietors 
were  bound  by,  and  the  Lords  requiring  to  be  paid  in  Proclama- 
tion money  this  occasioned  the  shutting  up  the  Land  Office 
and  no  land  being  sold  for  many  years  nor  any  quitt-rents 
being  paid  for  above  20  years  etc.  Asks  for  full  and  clear 
Instructions,  (iii)  If  the  arrears  of  quitt-rents  are  to  be 
requir'd  it  will  be  necessary  for  me  to  be  instructed  in  what 
manner  they  are  to  be  applyed  etc.  Suggests,  to  building  a 
State  House,  fortifications  etc.  (iv)  The  boundaries  of  N.  and 
S.  Carolina  are  absolutely  necessary  to  be  ascertained,  to  prevent 
the  inhabitants  of  S.  Carolina  from  running  to  Cape  Fair  and 
setling  there  to  defraud  their  creditors,  and  for  the  remedying 
this  evil,  that  Cape  Fair  be  made  a  port  and  a  Collector  of 
Customs  appointed  to  reside  there,  and  the  said  Port  declared 
to  be  within  the  limits  of  South  Carolina,  (v)  Another  Company 
of  soldiers  are  much  wanted  for  the  security  of  the  frontiers 
from  the  Indians,  and  to  do  duty  in  Johnston's  Fort,  which 
commands  the  ships  coming  up  to  Charles  Town,  (vi)  Great 
guns  for  Johnston's  Fort  and  the  bastions  and  line  next  the 
sea  at  Charles  Town  are  greatly  wanted,  vizt.  40  twelve  pounders 
for  the  bastion  and  line  at  Charles  Town,  and  20  eighteen 
pounders  and  12  sakers  for  Johnston's  Fort,  and  500  light 
muskets,  as  many  pair  of  pistolls,  swords  and  pouches.  All 
the  forts  are  almost  ruin'd  by  the  hurricane  about  a  year  ago. 
(vii)  A  new  Broad  Seal  and  Commission  for  trying  pirates  will 
be  necessary,  (viii)  As  the  Charakee  Indians,  a  numerous 
Nation  who  have  behav'd  themselves  well  towards  the  English, 
sent  by  the  hands  of  one  Mr.  Savy  who  liv'd  amongst  them,  an 


AMERICA   AND   WEST   INDIES. 


565 


1729. 


Dec.  22. 

Albemarle. 


Address  to  H.M.  accompanied  with  a  present  of  carpets  etc., 
it  would  be  very  necessary  for  me  to  be  instructed  to  own  H.M. 
receipt  thereof,  and  to  send  them  in  return  to  the  value  of  £200, 
which  would  very  much  attach  those  people  to  the  English  and 
be  of  great  service  to  the  Province,  (ix)  Lord  Townsend  has 
directed  me  to  acquaint  their  Lordships  that  it  was  advisable 
that  a  clause  in  the  bounty  Act  which  obliges  all  tarr  makers 
to  burn  the  moeity  of  every  kiln  of  tarr  into  pitch  should  be 
recommended  to  the  Parliament  next  session  to  be  repealed 
because  his  Lordship  is  informed  by  Mr.  Spotswood  that  it  is 
apprehended  this  clause  continued  will  bring  a  great  disrepu- 
tation upon  American  tarr,  and  moreover  that  his  Lordship  is 
of  opinion  the  numeration  should  be  taken  off  all  rice  carried 
from  Carolina  to  the  Southward  of  Cape  Finesterre.  (x)  By 
the  Act  for  establishing  an  agreement  etc.,  there  is  a  saving  to  all 
persons  lawfully  claiming  any  office  under  any  grant  made 
before  1st  Jan.  1727  under  the  Common  Seal  of  the  Lords 
Proprietors  etc.  Some  doubts  have  arisen  concerning  the 
legality  of  some  of  the  said  offices.  Asks  for  instructions  thereon. 
P.S.  Nothing  is  so  much  wanted  in  Carolina  as  white 
inhabitants.  It  is  my  opinion  therefore  that  if  H.M.  would 
be  at  the  charge  of  transporting  of  about  200  familys  of  Swiss 
or  other  foreigners  and  give  405.  a  head  to  each  man  to  buy 
working  tools  etc.  and  lands  at  easy  rates  wth.  what  the 
Assembly  of  Carolina  are  inclined  to  do  for  them,  they  will 
find  themselves  so  happy  and  easy  that  they  will  soon  invite 
great  numbers  to  follow  them  to  Carolina  as  they  have  done 
to  other  Colonys  without  further  charge  to  the  Crown.  Signed, 
Robt.  Johnson.  Endorsed,  Reed.  20th  Dec.,  1729,  Read  28th 
Jan.,  17§f .  2^  pp.  Enclosed, 

1037.  i.  Act  of  Carolina  (N.  and  S.)    1696,  to  ascertain  the 
prices  of  land  etc.,  referred  to  in  preceding.     Same  endorsement. 
Copy.     18  pp.     [C.O.  5,  361.    ff.  34-44i>.,   45w.] 

1038.  Mr.  Porter  to  the   Duke   of  Newcastle.      Refers  to 
letter  of  15th  June  etc.     Continues :     Sir  Richard  now  every 
day  signs  both  warrants  and  pattents  (etc.  v.  30th  Nov.)    And 
what  is  worse,  was  induced  some  time  ago  by  the  uncommon 
art  and  cunning  of  this  Mr.  Lovick,  and  his  two  confederates 
Moseley  and  Wm.  Little,  ye  Receiver  General,  to  sign  many 
pattents  wherein  ye  number  of  acres  are  left  blank  and  on  the 
same  pattents  there  is  the   Receiver  General  Little's   recept 
likewis  in  blank  for  the  purchas  money,  so  that  the  possessors 
of  such  pattents,  have  it  in  their  own  power  to  put  in  as  much 
land  as   by  Our  Charter  might  make  them   Landsgraves   or 
Cossicks  ;    whereas  I  beleive  the  true  intent  of  Sir  Richd.  was, 
that  every  pattent  he  so  signed  should  contain  what  is  by  ye 
later  Lords  Proprietors'  orders,  and  by  our  own  laws  distin- 
guished to  be  a  tract  containing  640  acres,  instead  of  wch. 


566 


COLONIAL   CAPERS. 


1729. 


Dec.  23. 


Dec.  25. 


Dec.  25. 

Rose. 
Downes. 


some  people  who  are  let  into  the  secrit,  and  that  has  procured 
such  pattents  has  filled  up  ye  blanks  with  what  quantity  of 
land  they  please  ;  one  Lane  of  the  County  of  Bath  put  into 
his  pattent  5,000  acres,  others  more,  and  some  less,  by  which 
means  before  H.M.  Commissions  can  take  place  amongst  us, 
most  of  the  land  will  be  disposed  off  under  a  sham  proprieterry 
title,  and  ye  money  arrising  therefrom  put  into  the  pocketts 
of  those  three  Messinarys,  Lovick,  Moseley  and  Little  etc.  As 
I  once  mentioned  before,  if  there  was  an  Officer  suddenly 
appointed  as  Recr.  General,  with  a  power  of  inspecting  into 
such  former  conduct,  it  might  possibly  be  many  thousands 
pounds  advantage  to  the  Crown  ;  and  if  your  Grace  would  be 
pleased  to  think  me  deserving  of  so  great  a  trust,  no  man  shall 
more  faithfully  discharge  it  etc.  Signed,  Edmond  Porter. 
Endorsed,  R.  April  23.  2|  pp.  [C.O.  5,  308.  No.  5.] 

1039.  T.  Lowndes  to  Mr.  Popple.      The  Officers  of  Carolina 
within  the  intention  of  the  saving  clause  of  the  Act  for  purchasing 
Carolina,  are  Edward  Bertie,  Secry.  and  Register  for  two  lives, 
myself  for  two  lives  Provost  Marshall  Clerk  of  the  Peace  and 
Crown.     Mr.  Robert  Wright  was  appointed  Chief  Justice  for 
life.     But  he  having  never  been  possessed  of  his  patent  and 
some  of  the  Ministers  urging  of  what  ill  consequence  it  might 
be  to  have  that  officer  for  life,  'twas  agreed  that  notwithstanding 
the  saving  clause  that  patent  should  be  delivered  up  to  the 
Lords  Commrs.  for  Trade  to  be  cancelled  and  that  it  should 
be  an  article  in  the  Governour's  Instructions  to  appoint  Mr. 
Wright  H.M.  Chief  Justice  of  S.  Carolina  during  H.M.  pleasure 
etc.     Signed,  Tho.  Lowndes.     Endorsed,  Reed.  24th  Dec.,  1729, 
Read  13th  March,   17§&.     Holograph.      If  pp.     [C.O.   5,   361. 
ff.  65,  65v.,  660.] 

1040.  Petty  expenses  of  the  Board  of    Trade,  Michaelmas 
to    Christmas,     (v.    Journal).     6    pp.     [C.O.    388,    79.     Nos. 
54-57.] 

1 041 .  Capt.  Weller  to  the  Council  of  Trade  and  Plantations. 
Encloses    following.     Signed,    John    Weller.     Endorsed,    Reed. 
27th  Dec.,  1729,  Read  19th  March,  173?.     Addressed.    Postmark. 
|  p.     Enclosed, 

1041.  i.  Replies  (in  margin)  to  Heads  of  Enquiry  relating 
to  the  Fishery  and  Trade  of  Canso.  (i)  But  3  families 
remain ;  they  hold  their  houses,  flakes  and  stages  by 
patent  from  Governor  Philipps.  (ii)  There  is  no 
boats  nor  train-fats,  the  fish  being  taken  on  the  banks 
by  New  England  scooners  and  the  liver  put  in  tubbs 
for  that  purpose,  (iii)  The  fishermen  come  all  from 
New  England  about  March  and  return  about  October, 
(iv)  The  inhabitants  are  supplied  some  from  Great 
Britain  but  most  from  Ireland,  (v)  They  sail  by 


AMERICA   AND   WEST   INDIES.  567 

1729. 

shares,  but  are  often  paid  in  liquor  with  some  few 
cloaths.  (vi)  No  boats,  but  scooners  of  about  40 
tuns  and  5  men.  Fitting  cost  £130  sterling  for  a 
season,  (vii)  They  have  no  other  employment  then 
fishing  and  curing  of  fish,  and  are  dilligent  in  it,  etc. 
(viii)  All  go  home  except  some  servants  to  take  care 
of  the  stages,  and  mend  them  in  the  spring,  (ix)  All 
have  roome,  and  there  is  roome  for  many  more,  (x) 
The  length  allow'd  by  the  Governor  is  60  yards  up 
from  the  water  and  8ft.  wide,  which  will  spread  20 
quintals  of  fish,  (xi)  None  (victualled)  from  Britain  ; 
some  few  from  Ireland,  but  mostly  from  New  England, 
(xii)  No  fishing  ships  (share)  ;  the  scooners  people 
share  ;  the  ships  that  come  are  all  for  Sack,  (xiii) 
Cannot  learn  the  number  in  the  whole  province,  but 
in  Canso  ten  licensed  (taverns).  But  all  the  shoremen 
have  stores  as  they  call  them,  and  sell  to  the  scooners 
people  and  than  they  work  with  them,  allways  paying 
them  in  drink  or  cloaths,  but  no  money.  Most  store- 
houses keep  their  servts.  all  winter  who  do  nothing 
tell  ye  spring,  than  repair  the  flakes  which  servts.  are 
all  Irish,  (xiv)  No  more  families  remain  than  4  as 
inhabitants  and  what  come  in  the  summer  are  paid 
in  rum,  tobacco,  suger  and  molasses,  (xv)  What 
people  come  here  for  the  season  are  from  New  England 
at  405.  going  or  coming  paid  in  fish  or  worked  out. 
(xvi)  By  this  manner  of  their  paying  they  are  often 
disabled  and  unfit  for  their  business,  to  the  great 
discouragement  and  obstruction  of  the  Fishery, 
(xvii)  None  are  left  behind  but  the  servants  to  take 
care  of  the  store  houses,  (xviii)  The  New  England 
people  and  traders  entice  all  they  can,  both  of  seamen 
and  handycraftsmen,  from  the  men  of  warr  and 
mercht.  ships  from  Europe,  (xix)  They  all  promise 
to  take  more  care  in  curing  their  fish,  and  have  this 
season  etc.  The  manner  of  seeking  fish  on  the  banks 
is  about  16  some  20  to  40  leagues  off  where  they  split 
and  salt  them,  10  hhds.  (of  salt)  to  100  quintalls.  At 
their  landing  they  wash  them  out  in  the  sea ;  then 
spread  them  on  flakes  ;  but  sometimes  are  five  weeks 
out,  which  I  believe  makes  them  not  so  good  as  catch'd 
in  boats  along  shore,  but  til  their's  inhabitants  this 
will  not  be  us'd.  (xx)  At  Lewisburgh  1,500  souls  7 
companies  of  soldiers  strongly  fortify'd,  ships  from 
Europe  there  and  West  Indies,  50  sail  carry s  away 
400,000  quintals  of  fish.  Places  names,  Niganist  a 
small  harbour,  not  fortify'd  ;  3  ships  exports  1,000 
quintals,  hath  10  stages,  2  boats  to  a  stage,  and  three 
men  to  each  boate ;  Sealery  a  smal  harbour  not 


568  COLONIAL   PAPERS. 

1729. 

fortify'd,  5  ships,  exports  15,000  quintals  of  fish ; 
hath  22  stages,  two  boats  to  a  stage  and  three  men 
to  each  boate  ;  Laballain,  one  ship,  exports  7,000 
quintals,  hath  7  stages,  two  boats  to  a  stage  and  three 
men  to  each  boat ;  Esprite  no  ship  harbour,  exports 
10,000  quintals  of  fish,  hath  20  stages,  two  boats  to 
a  stage  and  three  men  to  each  boat.  Petre-de-Grote 
harbour  for  small  ships  exports  5,000  quintals  of  fish, 
hath  7  stages  two  boats  to  a  stage  and  three  men  to 
each  boat.  Several  boats  came  to  fish  on  the  coast 
of  Nova  Scotia,  but  return  when  they  are  forbid. 
There  are  several  Irish  Papists  settled  at  Cape  Breton, 
(xxi)  I  never  heard  that  any  officers  or  soldiers 
concern'd  themselves  directly  or  indirectly  in  the 
fishing  or  have  any  rooms,  or  flakes,  or  hire  their  men 
out  to  fish.  Signed,  John  Weller.  Sealed.  4f  pp. 
1041.  ii.  Scheme  of  the  Fishery  at  Canso  for  1729.  British 
sack  ships,  12,  of  from  20  to  150  tons ;  92  men  ; 
schooners  from  America,  223,  of  from  6  to  100  tons  ; 
1,118  men ;  passengers  carried  thither  by  British 
ships,  2  ;  quintals  of  fish  made  by  the  schooners  from 
America,  51,749  ;  carried  to  foreign  markets,  38,929. 
Train  oil  made  by  the  schooners  from  America,  28 
barrels.  Price  of  fish  from  lls.  6d.  to  7s.  sterl.  pr. 
quintal.  Number  of  stages,  51.  Number  of  inhabi- 
tants, exclusive  of  garrison,  20  ;  number  of  fishermen 
who  staved  all  last  winter,  100.  Signed,  John  Weller. 
2i  PP-  "[C.O.  217,  6.  ff.  13,  14-17,  18i>.] 

Dec.  26.  1042.  Lt.  Governor  Dummer  to  the  Duke  of  Newcastle. 
Boston.  Refers  to  correspondence  enclosed.  Cf.  10th  Dec.  Has 
endeavoured  in  vain  to  cultivate  a  good  understanding  with 
Col.  Dunbar.  The  occasion  of  his  desiring  to  see  his  Commission 
was  on  account  of  the  Indians,  "  who,  as  I  was  inform'd  by 
my  officers  in  the  forts  there,  were  under  some  discontents  and 
jealousy s  that  the  late  Treaty  made  with  them  might  be 
infracted  by  newcomers  ;  and  it  seemed  necessary  that  the 
Indians  should  know  to  whom  they  were  to  apply  themselves 
for  their  satisfaction  therein."  Continues  : — It  may  not  be 
amiss  to  put  your  Grace  in  mind,  that  H.M.  has  a  fort  in  that 
countrey,  between  Kennebeck  and  Nova  Scotia,  where  there 
is  a  garrison  of  soldiers  supported  at  the  charge  of  this  Province, 
and  a  trade  carry'd  on  with  the  Indians  from  thence,  according 
to  the  Treaty  made  with  them  at  Casco,  at  some  considerable 
expence,  any  interruption  whereof  may  be  a  great  detriment 
to  H.M.  service,  etc.  Refers  to  passage  in  the  second  letter, 
mentioning  a  libel  in  one  of  the  newspapers,  which  he  had  not 
seen.  Continues  : — I  suppose  it  to  be  meant  of  a  paragraph, 
in  the  inclosed  print,  and  said  to  be  spoken  in  Spain  by  the 


AMERICA  AND  WEST  INDIES.  :,<;<.» 

1729. 

Corrigedor  of  Seville  to  the  King  of  Spain.  The  pamphleteers 
here,  as  in  other  places,  are  too  forward  to  print  any  impertinent 
paragraphs  to  fill  up  their  papers  :  and  tho'  this  author  took 
care  himself  to  condemn  the  performance  as  an  insolent  peice, 
I  have  nevertheless  forbidden  him  any  more  to  print  in  his 
paper,  published  by  Authority,  which  he  pretended  to  have 
the  late  Governor's  leave  for.  Signed,  Wm.  Dummer.  Endorsed, 
R.  Feby.  3d.  2  pp.  Enclosed, 

1042.  i.  Lt.  Governor  Dummer  to  David  Dunbar  Esq. 
Dec.  3,  1729.  Having  some  time  since  shewed  you  a 
clause  in  my  Commission  for  the  Government  of  this 
Province  etc.,  wherein  the  lands  lying  between  the 
territory  of  Nova  Scotia  and  the  Province  of  Main 
are  expressly  mentioned  and  included  :  and  having 
then  and  lately  at  your  own  house  desired  you  to 
shew  me,  if  you  had  any  later  Commission  for  the 
Government  of  that  countrey  etc.,  you  were  pleas'd 
to  assure  me,  that  you  would  in  two  or  three  days 
give  me  intire  satisfaction  therein  :  and  since  you 
have  lately  had  an  interview  with  the  Eastern  Indians, 
and  have  been  building  the  fort  at  Pemmaquid,  I  find 
myself  obliged  to  remind  you  thereof,  that  H.M. 
service,  especially  relating  to  the  Indians  inhabiting 
there,  may  meet  with  no  obstruction  or  detriment. 
Signed,  William  Dummer.  Copy.  1  p. 

1042.  ii.  Col.  Dunbar  to  Lt.  Govr.  Dummer.  Dec.  4,  1729. 
Quotes  his  Commission  as  Surveyor  General  and  the 
report  of  the  Council  of  Trade,  "  who  are  not  a  set 
of  broken  merchants,  as  some  people  here  take  the 
liberty  to  say,  but  men  of  quality,  character  and 
fortune,  and  members  of  either  House  of  Parliament  " 
etc.  Continues  : — These  are  sufficient  for  me  that  the 
Massachusets  Province  have  no  jurisdiction  beyond, 
or  to  the  eastward  of  Kennebeck  etc.  I  can't  help 
observing  that  your  motive  for  demanding  my  power, 
is  that  I  have  been  rebuilding  the  fort  at  Pemmaquid, 
which  was  destroyed  33  years  ago  by  the  French  and 
Indians,  and  has  lain  in  rubbish  ever  since,  notwith- 
standing repeated  orders  from  England  to  the  Govern- 
ment of  this  Province  to  rebuild  it,  until  it  was  included 
in  Governor  Philips'  Commission  etc.  It  looks  like 
the  dog  in  the  manger  etc.  I  could  have  wished  that 
that  objection  against  me  had  been  made  by  some- 
body else,  it  would  have  bin  more  of  a  peice  with 
their  disowning  the  fortress  in  the  harbour  to  belong 
to  his  Majesty,  when  in  some  late  proceedings  the 
words  His  Majesty's  Fort  were  left  out,  and  only  called 
Castle  William.  I  am  in  hopes  matters  will  soon  be 
put  upon  a  new  footing  here,  being  persuaded  that 


570  COLONIAL   PAPERS. 

1729. 

the  King  thinks  it  high  time  to  exert  his  sovereignty, 
where  many  are  so  audacious  as  to  disown  it  (of  which 
I  can  prove  some  instances)  and  make  this  Province 
a  happy  Colony  in  despight  of  them.  I  would  have 
acquainted  you  by  word  of  mouth  with  what  I  have 
herein  related,  and  have  shewn  you  the  proper  paper  ; 
but  I  waited  to  have  it  demanded  in  writing,  that 
there  should  be  no  mistake  etc.,  and  the  rather  because 
I  heard  it  was  intended  by  the  Assembly  etc.  Signed, 
David  Dunbar.  Copy.  lj  pp.  [C.G.  5,  752.  Nos. 
44,  44  i.] 

1042.  iii.  Lt.  Gov.  Dummer  to  Col.  Dunbar,  Dec.  6,  1729. 
Objects  to  the  motive  attributed  to  him  in  preceding 
etc.  Continues  : — By  H.M.  Commission  that  countrey 
is  put  under  my  care  ;  and  in  pursuance  of  that 
Commission  I  have  from  time  to  time  done  acts  of 
Government  there,  in  the  most  important  of  which 
I  have  had  H.M.  approbation ;  therefore  etc.  I 
cannot  but  think  it  my  right  and  duty  to  enquire 
into  the  public  proceedings  carried  on  there  etc. 
Continues  :  If  any  such  rude  and  indecent  expressions 
have  bin  utter'd  of  the  Lords  Commissioners  for  Trade, 
you  cannot  have  a  greater  resentment  than  I  have 
etc.  Since  you  have  intimated  that  there  are  many 
in  this  countrey  who  are  so  audacious  as  to  disown 
H.M.  sovereignty,  which  I  never  heard  of  before,  I 
think  the  crime  is  of  so  high  a  nature  that  you  ought 
to  bring  them  out,  that  so  the  law  may  be  put  in 
execution  against  them  etc.  Since  you  have  shewed 
me  your  Commission  as  Surveyor  General  of  H.M. 
woods,  I  shall  be  ready  to  give  you  my  utmost  assist- 
ance there  in  H.M.  service.  Signed,  William  Dummer. 
Copy.  2  pp. 

1042.  iv.  Col.  Dunbar  to  Lt.  Gov.  Dummer.  Dec.  8,  1729. 
His  comparison  was  not  intended  to  be  personal  etc. 
Continues  : — It  is  not  my  business  to  find  fault,  nor 
to  enter  upon  arguments,  if  your  Government  extends 
beyond  Kennebeck  in  your  present  Commission  (which 
was  not  apprehended  in  England).  You  may  please 
to  try  whether  I  shall  disobey  any  orders  you  give ; 
what  I  have  done  there  I  am  authoriz'd  to  do  by  more 
Commissions  and  Instructions  than  one,  the  ravages 
and  wasts,  in  those  parts  hitherto  committed,  do 
require  some  care  to  prevent  the  like  for  the  future 
etc.  Continues  : — As  for  what  the  reflections  on  the 
Lords  Commissioners  for  Trade  and  the  people's 
disowning  H.M.  Sovereignty,  it  is  too  notorious,  and 
some  of  your  chief  traders  and  leading  men  concerned 
in  it,  and  this  in  a  public  manner,  to  bring  them  out, 


AMERICA  AND   WEST  INDIES. 


571 


1729. 


Dec.  26. 

Boston. 


as  you  say  I  ought  to  do,  no  man  living  is  better 
incliii'd,  but  there  may  be  a  properer  time  for  it ; 
had  I  heard  that  any  notice  had  bin  taken  of  the 
printer  and  publisher  of  last  Monday's  paper,  it  might 
have  encourag'd  me  to  do  ;  the  printer  of  the  original 
of  that  audacious  libel  was  under  prosecution  for  it, 
when  I  left  England,  and  I  think  reprinting  of  it  at 
this  distance  of  time  no  less  culpable  than  the  original ; 
I  own  I  can  [?  not  Ed.]  help  being  mov'd  at  these 
things,  they  make  my  blood  boil,  and  were  I  a  private 
Justice  of  the  Peace,  I  would  have  called  the  party 
to  an  account  for  it  etc.  Signed,  David  Dunbar. 
Copy,  l^  pp. 

1042.  v.    The  Boston   Gazette.     New   England,   Numb.    523. 
Published  by  Authority.     From  Monday  Nov.  24  to 
Monday    Dec.    1,    1729.     Printed.     2    pp.     [C.O.    5, 
898.      Nos.  63,  63  i   (covering  letter  and  enclosure  v. 
only) ;    and  (enclosures  i-iv   only]   5,   752.     Nos.   44, 
44  i-iii.] 

1043.  Lt.  Governor  Dummer  to  the    Duke  of  Newcastle. 
Having  prorogued  the  General  Assembly  of  this  Province  on 
Saturday  last  to  the  18th  of  March  next,  after  near  five  weeks 
sitting,  I  take  this  first  opportunity  to  transmit  the  printed 
Journals   etc.     At  the   opening   of  the   Session   I   began   with 
moving  them  once  again  to  a  complyance  with  H.M.  Instruction 
for  fixing  a  salary,  which  the  House  soon  voted  a  denial  of  etc., 
sending  me  at  the  same  time  a  message,  that  they  were  ready 
to  give  me  an  ample  and  honorable  support :    To  which  I  sent 
down  an  answer,  assuring  them  it  would  be  to  no  purpose  to  vote 
me  any  support,  that    should  not  be  entirely  conformable  to 
H.M.  Instructions,  for  that  I  should  not  accept  it  etc.     However, 
they  thought  it  best  to  proceed,  and  voted  me  £750  of  this 
money  in  the  usual  form,  and  sent  it  up  to  the  Council  for 
concurrence,  which  being  amended  there,  and  that  non-concur'd 
by  the  House,  it  never  lay  before  me  ;   which  if  it  had,  I  should 
have  immediately  rejected  it,  agreable  to  my  message,  as  being 
no  ways  conformable  to  H.M.  Instruction.     The  whole  of  this 
affair  your  Grace  will  find  in  the  five  first  sheets  of  the  Journals. 
The  other  matter  mentioned  to  them  related  to  the  restoring 
the  value  of  the  bills  of  credit,  which  was  so  far  considered  that 
a  bill  was  projected  for  the  same,  and  that  order'd  to  be  printed, 
and  persons  appointed  to  try  for  subscribers,  agreable  to  the 
projection  of  said  bill,  a  printed  copy  whereof  I  herewith  send 
your  Grace.     If  it  meets  with  success  this  winter  in  obtaining 
subscribers  it  will  doubtless  come  under  consideration  again 
in  the  next  Sessions  ;    but  this  being  a  matter  of  an  extra- 
ordinary nature  and  importance,  I  shall  not  pass  it  without 
express  leave  from  H.M.  or  a  clause  therein  suspending  the 


572  COLONIAL   PAPERS. 

1729. 

execution  until  H.M.  pleasure  shall  be  known  :  And  here  I 
can't  but  observe  to  your  Grace,  that  H.M.  subjects  of  this 
Province,  and  those  of  Great  Brittain  who  trade  into  this 
countrey  have  long  suffer'd  great  damage  and  loss  by  the 
unsteady  and  declining  state  of  our  bills  of  credit,  which  is  the 
medium  of  trade  here  (and  are  now  sunk  to  one  third  of  the 
value  of  lawful  money)  this  bill  proposes  to  retrieve  and  ascertain 
for  the  future  ;  and  it  is  thought  by  the  most  substantial 
people  of  estates  and  trade  to  be  well  calculated  for  that  end. 
There  has  bin  much  time  spent  by  the  Representatives  in  this 
last  session,  in  endeavouring  to  obtain  a  concurrence  of  the 
Council  for  a  supply  to  two  persons  they  have  appointed  to 
sollicit  their  defence  against  H.M.  23rd  Instruction  to  the 
Governor  ;  which  your  Grace  will  see  the  Council  have  with 
great  constancy  always  noncur'd,  and  thereby  prevented  my 
negative  ;  as  they  have  also  done  in  the  affair  of  the  Attorney 
General,  which  has  likewise  bin  pursued  with  great  heat  etc. 
Refers  to  Journals.  Continues  : — The  House  not  being  able  to 
effect  a  supply  for  their  Agents  in  this  way,  have  by  a  kind  of 
brief  recommended  it  to  the  several  towns  in  the  Province 
to  raise  £4,000  for  that  use  in  pag.  162,  which  they  there  say 
will  purchase  £1,000  sterling,  if  not  some  thing  more,  by  which 
it  appears,  how  the  bills  of  credit  are  sunk  in  their  value.  I 
know  of  nothing  more  that  has  passed  in  the  General  Assembly 
worth  noticing  to  your  Grace,  but  that  the  late  Governor 
Burnet's  executor  thought  it  proper  to  put  in  a  memorial  to 
the  House  of  Representatives,  setting  forth  that  the  said 
Governor  received  nothing  for  his  services  etc.,  and  praying  an 
allowance  for  the  same  to  his  children,  which  passed  in  the 
negative  as  appears  in  p.  156.  I  can't  omit  explaining  to  your 
Grace  upon  one  article  of  the  complaint  made  by  the  Agents 
of  the  House  against  the  late  Governor,  respecting  let-passes 
and  registers  etc.  As  to  the  first  I  never  gave  any  of  them  out 
for  the  reason  I  mention'd  to  your  Grace  in  a  former  letter ; 
and  the  late  Governor's  defence  of  that  article  is  contained  in 
the  Journals  of  the  former  Sessions  etc.,  but  for  the  Registers 
the  Governor  at  first  had  a  fee  of  9s.  or  one  peice  of  eight  and 
an  half,  which  was  above  loz.  and  1  quarter  of  silver,  a  third 
of  which  he  allow'd  the  Secretary  for  drawing  them  :  And 
now  I  have  23  shil.  in  bills  for  myself  and  the  Secretary  ;  and 
the  bills  of  credit  are  so  miserably  sunk  that  silver  is  every 
day  sold  at  above  21  shillings  an  ounce  :  so  that  in  fact  I  have 
not  so  much  for  registers  as  the  Governors  had  upon  the  first 
establishment  of  them ;  which  those  merchants  well  know 
and  therefore  cannot  be  excused  their  amusing  and  trifling 
with  their  Lordships  in  this  article  etc.  P.S.  The  registers 
will  not  amount  to  more  then  £230  pr.  annum,  which  is  not 
£60  sterling  etc.  Signed,  Wm.  Dummer.  Endorsed,  R.  Feb. 
3rd.  5  pp.  [C.O.  5,  898.  No.  64.] 


AMERICA   AND   WEST   INDIES.  573 


1729. 

Dec.  26.  1044.  Same  to  the  Council  of  Trade  and  Plantations. 
Repeats  preceding,  mutatis  mutandis.  Signed,  Wm.  Dummer. 
Endorsed,  Reed.  6th  Feb.,  17M,  Read  9th  June,  1731.  4  pp. 
Enclosed, 

1044.  i.  Draught  of  a  bill  for  retrieving  and  ascertaining 
the  value  of  the  bills  of  credit  of  the  Massachusetts 
Bay.  Endorsed,  Reed.  6th  Feb.,  17H.  Printed  by 
Thomas  Fleet  by  order  of  the  House  of  Representatives. 
6  pp.  [C.O.  5,  872.  ff.  104-106i;.,  107u.-110i;.,  llli>. 
with  abstract.] 

Dec.  29.  1045.  Col.  Dunbarto  Mr.  Popple.  Abstract.  Has  received 
information  upon  the  promise  he  published  of  a  reward,  against 
a  person  who  cutt  downe  70  mast  trees  in  New  Hampshire. 
Hopes  to  get  from  this  man  a  discovery  of  others  concerned, 
and  will  prosecute  them  with  vigour.  There  is  more  hope  of 
justice  in  that  province  than  in  Maine.  He  offered  these  trees 
and  others  seized  last  year  to  Mr.  Waldo  and  Mr.  Westbrook 
as  part  of  the  contract  for  the  Navy,  but  he  refused  them,  the 
reason  being,  he  thinks,  that  they  were  at  too  great  a  distance 
from  their  saw-mills  etc.  Continues  :  Mr.  Waldo  goes  home 
in  this  ship  as  Agent  for  a  number  of  the  claimants  for  vast 
tracts  of  land  in  Georgia,  he  is  one  of  the  Company  concerned 
with  Dr.  Cook,  and  I  find  dayly  so  many  of  those  claims  that 
if  they  are  confirmed  etc.,  H.M.  can  have  no  nurserys  reserved 
there  for  the  Royal  Navy  etc.  Mr.  Waldo  is  one  of  Dr.  Cook's 
violent  ones,  has  rais'd  a  large  subscription  and  undertaken  by 
boasted  interest  to  carry  the  point  "  etc.  Mr.  Waldo  in  the 
royal  licence  is  forbidden  to  cut  trees  until  viewed  by  Mr. 
Dunbar  or  his  deputy  ;  this  though  necessary  on  account  of 
the  saw-mills,  involves  delay  and  may  cause  complaint.  Has 
directed  Mr.  Slade,  his  deputy,  to  assist  Mr.  Waldo  in  converting 
oak  plank  and  timber  for  the  use  of  the  Navy,  according  to  his 
request  and  the  desire  of  the  Navy  Board.  Mr.  Waldo  says 
Mr.  Westbrook  will  not  venture  upon  further  contracting  with 
him,  apprehending  the  indulgence  given  by  me  to  the  loggers 
(v.  Dec.  9)  will  put  him  under  difficultys  to  find  masts.  He 
made  some  suggestions  which  Mr.  Dunbar  finds  impracticable. 
There  are  men  of  substance  there  who  would  undertake  the 
contract  10  p.c.  cheaper.  Mr.  Waldo's  common  character  is 
to  give  all  the  trouble  he  can  etc.  Hopes  that  what  he  has  said 
will  prove  that  he  has  no  view  but  to  discharge  his  duty,  "  which 
must  occasion  murmurings  and  complaints  from  ungovernable 
people  who  would  be  under  no  controul,  and  who  never  will 
behave  as  English  subjects  until  this  country  is  under  another 
form  of  Government.  I  this  day  received  a  letter  from  the 
Indian  chiefs  of  the  Penobscot  tribe  signed  by  their  Lieut. 
Governour  or  Vice- King  who  was  not  at  Fredericksburg  with  me, 
and  by  Loron  the  Ambassador  they  had  dispatched  to  Cannada 


574  COLONIAL   PAPERS. 

1729. 

to  know  the  French  Governour's  opinion  of  the  new  settlement 
(v.  10th  Dec.).  I  send  the  original  now  to  my  Lord  Duke  of 
Newcastle,  and  herewith  I  send  you  a  copy,  the  French  Governour 
advised  them  to  live  well  with  the  English,  this  will  satisfye 
everybody  that  the  settlement  will  onely  be  attended  with 
fateague  wch.  I  am  willing  to  undergo  until  H.M.  pleases  to 
appoint  another,  but  I  cannot  appear  there  again  until  I  have 
powers  wch.  should  be  here  in  March  if  possible,  and  they 
should  be  such  (with  submission)  as  to  enable  me  to  form  a 
Majestracy  and  Militia,  I  humbly  beg  leave  to  recommend 
this  to  my  Lords  Commissioners'  consideration,  and  that  any 
artillery,  small  arms,  pioneer  tools  and  amunition  may  be 
dispatched  at  the  same  time,  likewise  a  seal  for  the  new 
Province."  Asks  for  the  Board's  directions  etc.  Signed,  David 
Dunbar.  Endorsed,  Reed.  3rd  Feb.,  Read  6th  May,  1730. 
7f  pp.  Enclosed, 

1045.  i.  Indian  Chiefs  of  Penobscot  tribe  to  Col.  Dunbar. 
14th  November,  St.  Georges  River  in  Georgia.  Great 
Sir,  Your  letter  was  read  and  interpreted  to  us  by 
Capt.  Gyles,  and  we  like  it  well,  and  we  hear  you  are 
planted  at  Pemaquid,  it  was  unknown  to  us,  but  since 
you  are  settling  the  old  settlements  that  was  formerly, 
we  consent  to  it,  and  not  to  exceed  the  old  boundarys 
of  Pemaquid  ;  We  are  all  well  pleased  to  hear  of  yr. 
observeing  the  Articles  of  Peace  made  between  us 
and  the  Province  of  the  Massachusets  Bay.  Good 
friend  you  say  you  are  imployed  by  H.M.  King  George, 
if  you  pass  St.  George's  River  we  shall  be  uneasy. 
[Note  in  margin  :  St.  Georges  is  10  leagues  eastward 
of  Fredericksburg]  etc.  If  any  pass  St.  Georges  River 
to  plant,  we  shall  not  think  them  to  be  our  friends. 
Signed,  Capt.  Loron,  Thorout,  Espegued,  Aton. 
(Totem  Marks).  Endorsed  as  preceding.  Addressed. 
Copy.  1J  pp.  [C.O.  5,  871.  ff.  90-94*;., 


Dec.  30.  1046.  Council  of  Trade  and  Plantations  to  the  Duke  of 
Whitehall.  Newcastle.  Mr.  Belcher,  whom  H.M.  has  lately  been  pleased 
to  appoint  His  Governor  of  N.  Hampshire,  has  observ'd  that 
by  the  following  records  in  his  Commission,  he  is  only  appointed 
Governor  of  part  of  that  Province  ;  therefore  desires  that  they 
may  be  amended.  The  words,  as  they  now  stand  are,  vizt. 
"  Governor  and  Commander  in  Chief  of  all  that  part  of  Our 
Province  of  New  Hampshire  within  Our  Dominion  of  New 
England  in  America,  lying  and  extending  itself  from  three 
miles  northward  of  Merrimack  River  or  any  part  thereof,  unto 
the  Province  of  Main,  with  the  South  part  of  the  Isle  of  Shoals," 
etc.  But  as  the  persons  appointed  from  time  to  time  by  the 
Crown  to  be  Governors  of  this  Province,  have  always  been 
understood  to  be  Governors  of  that  entire  Colony,  and  have 


AMERICA  AND   WEST   INDIES. 


575 


1729. 


Dec.  30. 

Whitehall. 


Dec.  30. 

Whitehall. 


Dec.  30. 

Boston, 

New 
England. 


constantly  acted  as  such,  we  conceive  that  it  may  be  for  H.M. 
service  that  this  antient  error  may  be  amended,  and  the  words 
altered  in  the  following  manner,  vizt.  "  Governor  and  Com- 
mander in  Chief  of  our  Province  of  New  Hampshire  within  our 
Dominion  of  New  England  in  America."  Autograph  signatures. 
If  pp.  [C.O.  5,  931.  No.  18  ;  and  5,  916.  p.  261.] 

1047.  Mr.  Popple  to    Mr.  Wilks.     Encloses  proposition  for 
settlement  of  salary  of  Governor  of  the  Massachusets  Bay  to  be 
transmitted  as  suggested  Nov.  12.     q.v.     [C.O.  5,  916.     p.  262.] 

1048.  Council    of   Trade    and    Plantations     to    the    King. 
Enclose  following,  pursuant  to  Order  of  19th  Nov.     (v.  A.P.C. 
III.     No.  192.)     Annexed, 

1048.  i.  Drafts  of  H.M.  Additional  Instruction  to  Governors 

of  Plantations  to  be  assisting  to  the  Deputy  Receivers 
of  the  Qd.  pr.  month  from  seamen's  wages  for  the 
Royal  Hospital  at  Greenwich  etc.  [C.O.  324,  11. 
pp.  157-159.] 

1049.  Col.  Dunbar  to  the    Duke  of  Newcastle.     Refers  to 
letter  of  10th  and  encloses  an  original  letter  received  from  the 
Chiefs  of  the  tribes  of  Penobscott.     One  of  them,  Espiguett, 
is  the  Vice  King  and  esteemed  the  most  sensible  man  among 
them.     Loren  was  sent  as  Ambassadour  to  Cannada  to  consult 
the  French  Governour  how  to  behave  towards  the  new  settle- 
ment, and  it  may  be  a  satisfaction  to  your  Grace  that  we  are 
under  no  apprehensions   from  them,    the  interpreter  Mr.  Gyles 
was  a  captive  among  the  Indians  from  his  childhood,  and  now 
belongs  to  a  truck  house  at  St.   George's   River  ten  leagues 
eastward  and  farther  along  shore  in  Georgia  than  Fredericksburg 
so  that  from  Kennebeck  River  to  St.  Georges  is  about  50  miles, 
enough  to  be  settled  until  I  am  better  acquainted  with  the 
natives,  and  doubt  not  to  go  as  much  farther  by  fair  means  as 
shall  be  desired.     I  cannot  well  appear    there  again  until  I 
receive  powers  to  form  a  majestracy  and  militia,  with  which  I 
humbly  hope  H.M.  will  order  some  arms  and  ammunition  to 
be  dispatchd  as  early  as  may  be,  etc.     Continues  : — If  this  new 
settlement  be  not  prevented  by  the  malicious  pretensions  and 
claims  made  by  the  inhabitants  of  the  Masachusets,  who  neither 
would  improve  the  lands  themselves,  nor  lett  others  do  it,  I 
dare  answer  that  in  very  few  years  it  will  be  found  of  more 
use  to  England  than  those  same  people  who  now  endeavour 
to  obstruct  it,    to  which  end  there  now  goes  to  England  one 
Mr.  Waldoe,  as  Sollicitor  for  the  claimants,  he  is  one  in  company 
with  the  noted  Dr.  Cook  who  claims  30  miles  square  and  is 
equally  undeserveing  H.M.  favour.     I  am  under  the  greatest 
anxiety  until  I  have  the  honour  to  receive  your  Grace's  com- 
mands  and   know   H.M.    pleasure   relateing   to   this   Collony, 


576 
1729. 


Dec.  31. 

Pall  Mall. 


Dec.  31. 


Dec.  31. 

Whitehall. 


Dec.  31. 

Whitehall. 


COLONIAL   PAPERS. 


people  are  crowding  to  it  so  that  in  the  spring  there  will  be  a 
great  concourse.  Signed,  David  Dunbar.  Endorsed,  R.  Feb. 
13th.  2f  pp.  [C.O.  5,  898.  No.  65.] 

1050.  Governor  Belcher  to  the   Duke  of  Newcastle.     When 
you  indulged  me  with  the  honour  of  paying  my  duty  to  you 
at  New  Castle  House,  you  was  pleas'd  to  express  your  satisfaction 
in  the  King's  appointing  me  to  the  government  of  New  Engld., 
altho'  your  Grace  hapned  to  be  out  of  town  when  it  was  done 
etc.     Returns  thanks  for   "  the  favour  and  goodness  with  which 
you  treated  me,  and  which  flows  from  a  greatness  of  mind, 
allow'd  by  all  the  world  to  be  so  natural  and  peculiar  to  your 
Grace "     etc.     Refers   to   question   of  his    Commission   for   N. 
Hampshire  v.  30th  Dec.     Continues  : — I  have  further  to  beg 
of  your  Grace  that  you  would  not  entertain  a  thought  to  my 
prejudice  on  the  score  of  the  station  I  lately  sustained  in  behalf 
of  the  Massachusets  Bay,  because  I  am  not  conscious  of  my 
behaving  therein  otherwise  than  became  a  man  of  honour  and 
justice,  in  the  trust  he  had  accepted  etc.     No  one  shall  be  more 
tender  of  the  honour  and  dignity  of  the  Crown,  nor  be  more 
industrious  to  promote  the  interest  of  the  Mother-Kingdom  than 
myself,  all  which  I  think  very  consistent  with  the  just  rights 
privileges  and  happiness  of  the  Provinces  under  my  Government 
etc.     Compliments.      Signed,    Jonathan    Belcher.      Holograph. 
4  pp.     [C.O.  5,  898.     No.  66.] 

1051.  Sir    Bibye    Lake    to    the    Council    of     Trade    and 
Plantations.     Memorial  and  particulars  of  lands  in  New  England 
claimed  by  him  and  others,  Jan.  22,  1717.     Endorsed,  Reed., 
Read  31st  Dec.,  1729.     Copy.     3  pp.     [C.O.  5,  870.    //.  303- 
304,  306i;.] 

1052.  Council    of  Trade   and   Plantations     to   the   Lords 
Commissioners  of  the  Treasury.     Request  payment  of  Office 
expenses  and  Officers'  salaries  for  quarter  ending  Christmas. 
Accounts  annexed.     [C.O.  389,  37.     pp.  306,  307.] 

1053.  Same  to  the  Duke  of  Newcastle.      Enclose  copies 
of  letters  from  Mr.  Forbes  and  Mr.  Freelove,    "  whereby  your 
Grace  will  perceive  what  progress  the  French  have  made  in 
settling  themselves  at  St.  Lucia,  St.  Vincents  and  Dominico." 
Continue:  Since  the  receipt  of   these  letters,    we  have  had  an 
opportunity  of  discoursing  with  Mr.  Freelove,  who  has  informed 
us  that  the  French  are  now  about  3,000  settled  at  St.  Lucia, 
and  that  their  numbers  are  daily  encreasing  from  Martinique  ; 
But  as  he  had  his  information  chiefly  from  a  Lieut,  to  Capt. 
Davers,  Commander  of  H.M.S.  the  Dolphin,  there  may  possibly 
be  some  mistake  in  the  number  for  Capt.  Davers's  letters  to 
the  Admiralty  on  the  same  subject  call  them  300  families  : 


AMERICA   AND   WEST   INDIKS.  577 

1729. 

but  as  your  Grace  will  perceive,  the  extracts  from  Capt.  Davers' 
letters  do  strongly  confirme  the  greatest  part  of  the  information 
we  have  had  from  Mr.  Freelove.  Mr.  Freelove  has  further 
inform 'd  us,  that  the  French  have  lately  denied  some  of  H.M. 
subjects  the  liberty  even  of  getting  wood  and  water  at  St. 
Vincents  and  Dominico.  We  shall  not,  upon  this  occasion, 
trouble  your  Grace  with  a  deduction  of  H.M.  undoubted  title 
to  these  islands,  and  of  the  consequence  they  are  of  to  this 
Kingdom,  having  in  several  of  our  reports  set  that  in  a  clear 
light ;  But  we  think  it  for  H.M.  service  to  acquaint  your  Grace, 
that  at  a  Conference  between  the  English  and  French  Commis- 
saries at  Paris  in  Jan.  17 ii},  at  which  the  late  Regent  was 
present,  after  each  party  had  set  forth  their  pretentions  to  St. 
Lucia,  the  Regent  own'd  it  would  be  but  just  that  the  French 
Colony,  sent  there  after  the  French  King's  grant  of  that  island 
to  the  Marshall  d'  Etree,  should  be  withdrawn,  and  he  promis'd 
orders  should  be  sent  to  that  effect ;  But  that  about  50  families 
who  were  there  before  the  arrival  of  the  said  Colony,  should 
remain  there,  till  the  claim  of  right  should  be  absolutely 
determin'd  ;  and  accordingly  an  order,  for  putting  St.  Lucia 
into  the  condition  it  was  in  before  the  Marshal  d'Etree's  grant 
of  it,  was  made  6th  Feb.,  1720.  Since  this,  your  Grace  will 
perceive  by  the  inclos'd  extracts,  how  considerably  the  French 
have  encreas'd  their  numbers  on  that  Island  ;  and  should  no 
stop  be  put  thereto,  we  conceive  it  must  be  of  dangerous  conse- 
quence to  Barbados  and  the  Leeward  Islands,  to  have  this 
addition  to  the  power  of  the  French  in  those  parts,  where  they 
are  already  so  strong.  We  therefore  beg  your  Grace  will  lay 
a  state  of  this  matter  before  H.M.  for  his  orders  thereon. 
Autograph  signatures.  Endorsed,  Copy  sent  to  Mr.  Poynz, 
30th  Jan.  3  pp.  Enclosed, 

1053.  i.  Extract  of  letter  from  Mr.  Forbes,  Barbados,  4th 
July,  1728  encl.  (i)  In  yours  you  seemed  surprized  at 
the  number  in  mine  mentioned  to  be  then  settled  on 
Sta.  Lucia,  etc.  This  serves  to  assure  you  that  there 
are  now  already  upwards  of  1,200  French  families 
there  settled,  and  daily  increasing ;  'Tis  true  they 
are  at  present  very  courteous  and  civil  to  the  few 
English  that  are  amongst  them,  but  it  may  be  justly 
fear'd  that  the  very  first  opportunity  that  offers,  they 
will  readily  embrace  to  dispossess  them  etc.  I  did  not 
go  to  Sta.  Lucia  myself,  but  from  those  that  did,  I've 
learnt  what  I  now  write  etc.  Copy.  I  p.  Endorsed 
as  preceding.  4  p. 

1053.  ii.  Copy  of  letter  from  Francis  Freelove  to  William 
Wood,'  Barbados,  July  1st,  1729.  v.  C.S.P.  supra. 
Endorsed  as  preceding.  4  pp. 

1053.  hi.  Letter  from  M.  des  Ruaux  to  [—  ?].  Paris,  24th 
June,  1731.  [sic].  I  have  received  advice  from 

Wt.    1525  C.P.  XXXVI-37 


578  COLONIAL   PAPERS. 

1729. 

Martinique  that  the  French  vessels  of  the  isles  had 
taken  three  barques  que  Von  nomme  batteaux  aux 
dittes  isles,  laden  with  cattle  provisions  and  blacks, 
which  were  anchored  in  the  roads  of  St.  Lucia  (St. 
Lousia),  which  traded  there  with  some  French  vessels 
laden  with  sugar,  which  proves  that  so  long  as  St. 
Lucia  is  not  inhabited,  or  declared  to  belong  to  England 
or  France,  foreign  trade  will  always  be  carried  on 
there,  which  will  not  only  be  to  the  loss  of  the 
commercial  interests  of  the  two  Crowns,  but  will 
certainly  cause  trouble  by  the  capture  of  vessels 
there.  This  last  reason  should  decide  the  English 
Court  to  make  a  treaty  for  assigning  the  island  of  St. 
Lucia  to  one  or  the  other  of  the  two  Crowns.  Suggests 
that  if  use  is  made  of  this  Memorial,  as  of  his  last, 
it  might  be  proposed  that  he  should  be  consulted, 
having  been  sent  in  1719  as  Inspector  General  of  the 
French  West  Indies  to  enquire  into  the  causes  of  the 
foreign  trade  carried  on  there  to  the  detriment  of  both 
Crowns  etc.,  and  that  this  proposal  came  from  the 
English  Governors  etc.  Signed,  desraux.  French. 
3$  pp. 

1053.  iv,  v.  Extract  of  letters  from  Capt.  Davers,  H.M.S. 
Dolphin,  to  Mr.  Burchett,  3rd  April,  27th  May,  1729. 
Duplicates  of  Nos.  1034  i,  ii. 

1053.  vi.  Statement  of  H.M.  title  to  Sta.  Lucia,  1626-1688. 
v.  C.S.P.,  2nd  June,  1709  etc.  3f  pp. 

1053.  vii.  Mr.  Pulteney  to  the  Council  of  Trade  and  Plan- 
tations, Paris,  *15th  Jan.  (N.S.),  1720.  v.  C.S.P., 
1720.  Copy.  4  pp. 

1053.  viii.  Conseil  de  Marine  to  the  Lt.  General  and 
Intendant  of  the  French  Windward  Isles,  relating  to 
Ste.  Lucie.  6th  Feb.  (N.S.)  1720(1)  Signed,  L.  A. 
de  Bourbon.  French.  If  pp.  [C.O.  152,  40.  Nos. 
29,  29  i-vii  ;  and  (duplicates  of  No.  i  only)  253,  i. 
Nos.  37,  38  ;  and  (covering  letter  only)  29,  15.  pp. 
1?2-124  ;  and  (enclosures  ii  and  iv  only)  28,  40.  Nos. 
5,  6]. 

[17291.  1054.  Petition  of  Woodes  Rogers  to  the  King  concerning 
his  proposals  for  settling  the  Bahama  Islands.  Copy.  If  pp. 

Same  to  the  Lords  Proprietors.     Copy.     3  pp. 

Same  to  the  King.     Copy.     2  J  pp. 

Petition  of  sundry  merchants  to  the  King.      Copy.     2|  pp. 

Same  to  Joseph  Addison.     Copy.     2  pp. 

Brief  remarks  of  the  most  material  transactions  relating  to 
the  Bahama  Islands.  Copy.  8^  pp.  v.  C.S.P.  1717  etc. 
[C.O.  23,  14.  ff.  93,  98r.-96,  97-98,  99-100,  101,  lOli;., 
103-107J. 


AMKIUCA    AND    WEST    INDIES.  579 


[?  1729].  1055.  After  Treaty  of  Seville  Nov.  1729.  The  Affair  of  the 
Jamaica  embargo  stated.  [A  Memorandum  apparently  drawn 
up  by  Mr.  Delafaye  for  the  Duke  of  Newcastle.  Ed.\.  Sept. 
15//z,  1728.  The  Spaniards  continuing  their  depredations  in 
the  West  Indies,  and  there  being  advices  of  their  having  a 
design  upon  Jamaica,  orders  were  sent  to  Commodore  St.  Lo 
to  seize  their  cruizers  ;  of  which  notice  was  given  to  Govenr. 
Hunter,  with  directions  also  to  him  to  put  the  island  into  such 
a  condition  that  he  might  not  be  insulted  or  surprised.  Feb. 
I3th,  1729.  The  intelligence  of  a  design  upon  Jamaica  was 
confirmed,  with  this  addition,  that  the  King  of  Spain  had 
approved  the  scheme  of  which  particulars  were  now  sent.  An 
account  of  this  also  was  written  to  Governor  Hunter  etc.  (v. 
Feb.  17th).  At  the  same  time  orders  were  sent  to  the  Admiralty 
to  provide  transport  ships,  and  a  reinforcement  of  ships  and 
land  forces  was  intended  to  be  sent  thither ;  But  as  such  pre- 
parations require  time,  and  there  was  no  necessity  of  hurrying 
away  this  reinforcement,  till  one  knew  that  the  Spaniards  were 
actually  victualling  their  ships,  and  preparing  to  embark  their 
troops ;  news  came,  the  mean  while,  that  their  design  on 
Jamaica  was  suspended,  and  in  the  beginning  of-  May  came  an 
account  that  it  was  dropt,  May  9th.  The  objection  will  be 
made,  that  when  this  advice  came,  notice  should  have  been 
sent  of  it  to  Jamaica.  To  this  it  may  be  answered,  that  there 
was  no  certainty  of  the  design  upon  Jamaica  being  quite  laid 
aside,  so  as  not  to  be  resumed,  till  the  signing  of  the  Treaty  of 
Seville,  for  had  we  not  come  to  an  agreement  with  Spain,  their 
attempt  upon  Jamaica  was  not  a  chimericall  one.  They  had 
felt  the  disadvantage  to  them  of  that  Island  being  in  our  hands, 
from  whence  the  Squadron  was  supported,  that  blockt  up  their 
galeoons,  and  that  they  have  long  had  an  eye  upon  it  appears 
from  Monsr.  Pocobueno's  presenting  a  ridiculous  memorial 
to  demand  it  for  the  Duke  of  Veraguas,  so  long  ago  as  in  July 
1723,  alledging  that  tho'  it  was  true,  the  Crown  of  Spain,  by 
the  Treaty  of  1670,  allowed  the  English  to  retain  what  they 
were  possest  of  in  America,  that  could  not  include  Jamaica, 
which  did  not  belong  to  that  Crown,  but  to  the  Duke,  who 
ought  not  to  be  prejudiced  by  any  concession  which  his  King 
thought  fit  to  make  ;  Since  therefore  there  had  been  a  positive 
account  of  an  attempt  intended,  not  at  all  improbable,  and 
which  tho'  suspended  might  possibly  be  resumed,  would  it 
have  been  prudent  to  put  the  inhabitants  of  Jamaica  off  their 
guard  :  especially  as  their  preparations  for  their  defence,  could 
not  be  imagined  to  be  such  as  that  the  Trade  could  be  affected 
by  them  ;  this  caution  having  been  given,  that  they  should 
not  be  of  such  a  nature  as  to  create  an  alarm  :  and  when  the 
news  came  of  the  embargo  being  laid  on  the  shipping  there,  it 
gave  as  much  surprise  to  the  Ministry  at  least,  as  it  did  dissatis- 
faction to  the  merchants,  and  accordingly  upon  receipt  which 


580  COLONIAL   PAPERS. 

[?  1729], 

came  the  14th  June,  a  fregate  was  sent  away  the  17th  of  that 
month  with  a  letter  to  the  Govr.  disapproving  what  he  had  done, 
and  ordering  him  to  take  off  the  embargo  forthwith  etc.,  but 
had  such  notice  of  the  suspension  of   this  design  been  sent  to 
Jamaica,  it  would  not  have  mended  the  matter.     For  the  first 
news,  and  that  but  uncertain,  that  the  design  upon  Jamaica 
seemed  to  be  put  off,  was  not  receiv'd  till  the  18th  April,  and 
could  not  have  reached  Jamaica  time  enough  to  prevent  the 
embargo,  which  was  laid  the  6th  of  April  and  taken  off  May 
29th.    As  to  the  conduct  of  the  Governor  and  Council  of  Jamaica, 
they  had  had  notice  sent  them  the  Sept.  before  to  put  themselves 
in  a  posture  of  defence  ;    they  had  observed  their  neighbours 
in  the  Spanish   Colonies  making  warlike  preparations  ;    they 
receiv'd  advice  in  April  of  a  scheme  for  attacking  them,  which 
was  the  more  probable,  as  it  tally'd  with  the  preparations  in 
their  neighbourhood.     The  warlike  preparations  of  the  neigh- 
bouring Spaniards,  were  cause  sufficient  for  the  proclaiming  of 
Marti  all  Law,  which  by  the  laws  of  Jamaica  is  directed  to  be 
done  upon  every  apprehension  and  appearance  of  any  publick 
danger ;    and  considering  that  their  Militia  consisted  mostly 
of  Irish  Popish  servants  whom  they  could  not  intirely  confide 
in  (a  circumstance  till  then  unknown  here,  and  most  probably 
unheeded  by  themselves)  they  did  not  attend  so  much  as  they 
should  have  done  to  the  nature  of  the  preparations  directed 
from  hence,  but  had  recourse  to  an  embargo,  to  keep  their 
seafaring  men  at  home,  in  whom,  as  they  apprehended,  consisted 
their  greatest  safety.     In  this  they  followed  the  practise  of 
that  country  in  such  cases  ;    in  July,  1719,  upon  an  alarm  of 
the  Spaniards,  (tho'  no  directions  or  notice  of  danger  had  then 
been  sent  from  England  to  Jamaica)  Martial  Law  was  proclaimed, 
and  an  embargo  laid,  of  which  no  complaint  was  made  at  that 
time  ;    And  upon  the  whole,  the  ships  which  were  laden  had 
sailed  just  before  the  laying  on  this  last  embargo,  those  that 
were  stopt  could  not  for  the  most  part  have  come  away  much 
sooner  than  they  did  and  certainly  what  the  merchants  could 
loose  in  this  single  emergency  whatever  it  might  be,  is  not  a 
consideration  equal  to  the  loss  of  so  valuable  a  part  of  H.M. 
Dominions  in  America.     The  preparations  which  the  Govern- 
ment here  made  for  it's  releif  did  most  probably  prevent  the 
execution  of  the  design  which  the  Spaniards  had  formed  upon 
it,  and  those  in  the  Island  have  at  least  had  this  good  effect 
from   the   alarm,    that   their  fortifications   are   repaired,   their 
people  roused  from  the  state  of  perfect  indolence  and  security 
they  were  in,  the  Island  is  now  in  as  good  a  posture  of  defence 
as  it  is  capable  of,  and  the  plan  is  ready  laid  of  the  measures 
necessary  to  be  taken  in  case  of  an  invasion.     Without  date  or 
signature,     v.  Debate  in  Parliament,    Jan.  1730.)     [C.O.   137, 
53.    ff.  132-135  ;   and  137-140]. 


AMERICA   AND   WEST   INDIES.  581 


[?  1729].  1056.  Lords  Proprietors  of  Carolina  to  the  King.  Refer 
to  their  proposed  surrender  of  their  right  and  interest  for  t2;>,000. 
Continue  :  Memorialists  laid  their  several  titles  before  your 
Majesties  Attorney  and  Solicitor  General  in  July  last,  and  a 
conveyance  has  been  prepared  with  a  covenant  therein  from 
your  Memorialists,  that  they  should  consent  to  an  Act  of 
Parliament  and  they  have  for  some  time  been  in  daily  expectation 
of  having  their  surrender  accepted  and  purchase  money  paid  ; 
But  they  are  now  to  their  great  surprise  tolld  this  cant  be  done 
till  an  Act  is  first  obtained.  Some  of  your  Memorialists  have 
been  detained  in  town  to  attend  this  affair  much  to  their 
prejudice  and  the  inhabitants,  and  state  of  the  said  Province 
greatly  suffers  from  the  present  unsetled  condition  thereof  etc. 
Pray  that  the  surrender  may  be  forthwith  accepted  on  payment 
of  the  consideration  mony  or  that  they  may  have  the  full 
exercise  of  the  powers  granted  by  their  Charter  etc.  [C.O.  5, 
290.  p.  279]. 

1729.  1057.     Some     considerations    upon    the    present    state    of 

the  Massachusetts  Bay.  Abstract.  The  name  of  New  England, 
in  its  largest  extent,  includes  the  Massachusetts  Bay,  New 
Hampshire,  Connecticut  and  Rhode  Island,  but  is  most 
commonly  applied  to  the  Massachusetts  Bay  which  is  far  more 
considerable  than  any  of  the  rest  in  wealth,  trade,  products, 
manufactures,  mines,  fisherys,  shipping,  inhabitants  and  extent 
etc.  Continues  : — In  the  Charter  granted  in  the  third  year  of 
William  and  Mary,  are  contained  many  large  and  uncommon 
priviledges,  far  more  extensive  than  those  enjoyed  by  the 
people  of  Old  England,  dissonant  from  our  Constitution,  and 
as  the  event  has  shewn,  ever  incompatible  with  the  dependence, 
which  Colonys  ought  to  have  upon  their  Mother  Kingdom. 
And  yet,  one  of  their  best  advocates  has  complaind  in  print, 
that  this  new  charter  was  but  the  shadow  of  their  old  one  ; 
by  which,  I  presume,  he  means  it  is  not  the  same  with  those  of 
Connecticut,  or  Rhode  Island,  two  little  Commonwealths  in 
the  same  neighbourhood,  who  hold  no  manner  of  correspondence 
with  the  Government  at  home  except  when  their  boundarys 
are  attackd  or  their  property  invaded  by  their  neighbours  etc. 
One  would  imagine  that  any  reasonable  people  might  have 
rested  satisfyed  with  the  enjoyment  of  such  ample  priviledges  ; 
But  the  experience  of  many  years  has  shewn,  that  there  is 
hardly  a  liberty  granted  them  by  this  Charter,  which  they 
have  not  extended  beyond  its  due  bounds,  nor  a  reservation 
in  behalf  of  the  Crown,  which  they  have  not  encroached  upon  : 
To  speak  truth,  the  cords  that  hold  them  are  so  very  slender, 
the  transition  from  the  state  they  are  in  to  that  of  an  intire 
independence,  so  easy,  I  am  not  astonished,  that  men  of  warm 
imaginations,  and  depraved  judgments,  should  think  that,  a 
desirable  condition,  which  would  prove  the  greatest  misfortune, 


582  COLONIAL    PAPERS. 

1729. 

that  could  possibly  befall  them.  Refers  to  disputes  with 
Governors  and  quotes  Order  in  Council  1st  June,  1725,  upon 
the  complaint  of  Col.  Shute.  Continues  : — Such  was  the  lenity 
of  the  Crown  even  after  the  highest  provocation,  that  this  whole 
complaint  ended  in  an  explanatory  Charter,  upon  two  points 
only,  already  determin'd  by  the  Attorney  and  Sollicitor  General, 
to  be  the  right  of  the  King,  and  such  was  the  obstinacy  of  these 
people,  the  acceptance  of  this  Charter  was  long  debated  by 
their  Assembly  and  carried  by  a  very  small  majority  etc.  Their 
behaviour  ever  since  has  been  but  a  very  bad  return  to  the 
Government,  for  not  laying  hold  of  so  justifiable  an  occasion  to 
vacate  the  Charter  etc.  Even  in  this  present  year  they  contest 
with  the  Governour  and  Councill  the  power  of  appointing  an 
Attorney  General,  with  great  difficulty  submit  to  the  Governour's 
undoubted  right,  of  putting  a  negative  on  Councillors  chosen 
by  them,  and  stubbornly  refuse,  notwithstanding  repeated 
recommendations  for  that  purpose  from  the  Crown,  to  establish 
a  fixt  sallary  on  their  Governour  for  the  time  of  his  residence, 
altho'  they  have  many  years  establish'd  salarys  by  law,  on  their 
Councillors  and  Assembly  men  for  the  time  being,  thereby 
endeavouring  to  keep  the  said  Governour  dependent  upon 
them,  and  to  oblige  him  to  give  up  the  Prerogative,  and  interest 
of  Great  Brittain  upon  all  occasions,  for  a  subsistence,  which 
must  probably  have  been  the  case,  if  the  late  Governour, 
Mr.  Burnet,  had  not  with  an  uncommon  integrity,  even  under 
•  the  difficultys  of  a  narrow  fortune,  strictly  adhered  to  H.M. 
Instructions.  It  has  generally  been  the  wisdom  and  goodness 
of  the  Crown,  in  establishing  of  Colonys  in  America,  not  only 
to  grant  to  the  inhabitants,  all  the  priviledges  of  English  men, 
but  likewise  to  model  their  Constitution,  as  near  as  possible, 
to  that  of  Great  Brittain,  particularly  in  their  Legislative  powers, 
where  the  Governours  represent  the  person  of  the  King,  their 
Councillors  the  House  of  Lords  and  their  Assemblys  the  House 
of  Commons  :  arid  these  little  Parliaments  are  all  of  them 
impowered  to  make  such  laws  as  may  be  suitable  to  their 
particular  situations  and  circumstances,  provided  they  be  not 
repugnant  to  those  of  their  Mother  Kingdom,  to  the  Prerogative 
of  the  Crown,  or  prejudicial  to  the  trade  and  interest  of  Great 
Brittain  :  But  discretional  powers  are  lodg'd  in  the  Governours, 
under  proper  Instructions,  to  give  their  assent,  or  negative  to 
these  laws  ;  and  these  powers  are  the  greatest  securitys  we 
have,  against  the  misbehaviour  of  the  Colonys,  in  any  of  the 
above-mentioned  particulars.  And  indeed  the  more  powerfull 
our  Plantations  grow,  the  more  it  behoves  us  to  have  a  watchfull 
eye  upon  their  conduct,  more  especially  over  such  of  them,  as 
have  few  or  no  staple  commoditys  of  their  own  to  exchange 
with  us,  and  whose  prqduct  is  generally  the  same  with  that  of 
Great  Brittain,  which  lays  them  under  strong  temptations  of 
interfering  with  us  in  our  manufactures,  commerce,  shipping 


AMERICA   AND    WEST    INDIES.  583 

1729. 

and  navigation,  as  is  very  much  the  case  of  all  the  Colonys  to 
the  Northward  of  Virginia,  but  more  particularly  of  the 
Massachusetts  Bay.  It  must  be  allowd  that  by  the  Charter 
of  this  Colony  the  appointment  of  the  Governour  is  reserved 
to  the  Crown,  the  Governour,  if  he  pleases,  may  refuse  his 
approbation  to  any  Councillor  presented  to  him ;  But  the  people 
choose  the  Assembly,  the  Assembly  choose  the  Councill,  and 
what  is  still  worst  of  all,  the  Governour  has  hitherto  depended 
upon  the  Assembly  for  his  maintenance,  which  has  allways  been 
more  or  less  considerable,  in  proportion  to  his  behaviour  ;  and 
whenever  a  Governour  has  had  spirit  enough  to  refuse  his  assent 
to  bills  of  a  nature  contrary  to  his  Instructions,  he  has  been 
but  very  slenderly  provided  for,  as  was  eminently  the  case  of 
Mr.  Dummer,  from  whence  it  is  clear,  that,  almost  in  all  events, 
there  are  two  to  one  in  the  ballance  of  the  Legislature  against 
the  Crown,  and  if  the  Governour  be  not  incorruptible,  a 
combination  of  all  the  three  branches,  without  controll,  to 
advance  the  interest  of  New  England,  at  the  expence  of  Great 
Brittain.  For  altho'  their  laws  may  be  repealed  by  the  Crown, 
when  the}'  come  home,  etc.,  yet,  as  by  their  Charter  there  is  no 
precise  time  fixt  for  the  transmission  of  them,  they  may  have 
their  effect  long  before  they  get  home,  which  is  allmost  allways 
the  case,  and  then  the  evil  becomes  irretrievable.  No  wonder 
therefore,  if,  under  these  circumstances,  the  people  of  New 
England  should  be  desirous  to  keep  their  Governour  dependent 
upon  them.  Quotes  H.M.  Orders  and  Instructions  for  fixing  a 
salary  etc.,  22nd  May  etc.  and  letter  from  the  Agents  to  the  Assembly, 
25th  April,  1729,  printed  in  their  Journal,  advancing  reasons  for 
refusing,  who  wrote  : — "  Upon  the  hearing  it  seemd  to  be  a  point 
rested  in  on  all  sides,  that  the  people  have  certainly  the  power 
of  raising  the  Governour's  support,  and  of  fixing  it  or  not  fixing 
it,  as  they  judge  it  most  for  H.M.  service,  and  the  welfare  of  the 
People  :  But  then  it  was  urged  that  the  King's  Governour  must 
not  be  so  dependent  on  the  people  as  to  be  at  uncertainty  in  his 
support,  and  that  if  finally  the  Assembly  would  not  fix  the 
sallary,  the  affair  must  come  before  the  Parliament.  Whether 
it  will  take  that  turn  or  not,  time  alone  will  discover.  And  as 
there  are  many  things  to  be  considered  from  the  constant  vicissi- 
tude of  all  human  affairs,  and  if  we  suppose  the  thing  itself,  we 
come  into  an  Assembly  allways  the  supporters  of  Liberty  and 
Property  :  these  things  considered,  and  from  the  advice  of  the 
best  friends  of  New  England,  we  can  by  no  means  think  it 
prudent  just  or  reasonable,  but  an  infringement  of  the  rights 
vested  in  the  people  by  the  Royal  Charter,  to  fix  a  salary  on 
a  Governour  by  virtue  of  an  Instruction.  Of  what  value  is  the 
Charter,  if  an  Instruction  shall  at  pleasure  take  away  every 
valuable  part  of  it  ?  If  we  must  be  finally  compelled  to  a 
fixt  sallary,  doubtless  it  must  be  better  that  it  be  done  by  the 
European  Legislature  than  do  it  ourselves,  if  our  Liberties  must 


584  COLONIAL    PAPERS. 

1729. 

be  lost,  much  better  they  should  be  taken  away,  than  we  be 
in  any  measure  accessory  to  our  own  ruin.  But  we  cannot  be 
of  opinion  that  the  Parliament  would  judge  it  consistent  with 
the  Charter,  and  therefore  not  just  to  make  a  law,  to  fix  a 
sallary  on  the  present  Governour  "  etc.  Signed,  Francis  Wilks, 
Jonathan  Belcher.  Continues  : — I  have  no  manner  of  doubt 
but  these  Agents  speak  the  sence  of  their  Assembly,  but  the 
only  moral  I  can  gather  from  their  letter  is,  that  it  is  a  very 
easy  matter  to  persuade  people  to  what  they  have  a  mind  to, 
for  the  summe  of  their  reasoning  amounts  to  this,  they  would 
much  rather  the  Parliament  of  England  should  repeal  their 
Charter,  than  their  Assembly  should  pay  the  least  regard  to 
H.M.  Instructions,  for  if  the  Charter  does  not  make  them  quite 
independent  of  the  Crown,  it  is  not  worth  the  keeping  etc.  As 
to  their  hope  that  the  vicissitude  of  human  affairs  may  produce 
things  in  their  favour  etc.,  surely  there  never  was  a  Brittish 
Parliament  yet  so  abject,  as  to  give  into  the  resentment  of  a 
factious  Colony,  in  opposition  to  the  just  prerogative  of  the 
Crown,  and  the  apparent  interest  xof  their  own  country  etc. 
Can  it  bear  a  debate  in  a  Brittish  House  of  Commons,  whether 
a  Colony  of  our  own  tho'  never  so  powerfull  should  be  suffered 
to  rival  us  in  trade  with  impunity  ?  Whether  a  Plantation  that 
owes  its  being  and  welfare  to  the  bounty  of  the  Crown,  and  the 
protection  of  England,  should  pay  a  due  obedience  to  H.M. 
just  orders,  and  to  the  laws  and  statutes  of  their  Mother- 
Kingdom  ?  Whether  their  Governour  shall  depend  upon  them 
for  his  dayly  bread,  or  be  left  at  liberty  impartially  to  discharge 
the  trust  reposed  in  him  ?  Whether  the  people  of  the  Massa- 
chusets  Bay  shall  without  comptroll  break  the  laws  of  Trade 
and  Navigation,  and  erect  themselves  into  an  Independent 
State  ?  Whether  their  ordinances  shall  for  the  future  have 
any  effect  before  they  have  been  approved  by  the  Crown  ? 
Whether  this  Colony  shall  enjoy  priviledges,  never  thought 
of  in  Great  Britain,  but  under  the  times  of  usurpation  ?  and 
whether  a  Charter,  establishing  a  constitution  so  widely  different 
from  our  own,  by  experience  found  to  be  productive  of  so  many 
disorders,  does  not  stand  in  need  of  a  reforme  ?  Are  the  people 
of  the  Massachusets  Bay,  desirous  to  enjoy  all  the  libertys  of 
Englishmen  ?  In  God's  name  let  them  do  so :  But  then  let 
them  be  contented  with  such  libertys  as  Englishmen  enjoy, 
and  stretch  their  boundary  no  further.  Have  they  a  particular 
Charter  ?  Why  were  they  not  contented  with  the  fair 
enjoyment  of  it  ?  Why  would  they,  by  the  obstinacy  of  their 
behaviour,  by  their  perpetual  struggles  for  independency,  bring 
the  validity,  or  expedience,  of  that  Charter  in  question.  If  the 
Crown  has  a  right  to  grant  charters,  has  not  the  Parliament 
a  right  to  repeal  them  when  they  are  found  hurtfull  to  the 
publick  ?  and  have  not  charters  of  this  sort  been  frequently 
repealed  by  the  Legislature  of  Great  Brittain  ?  But  they  have 


AMERICA    AM)    WKST    1XDIKS.  585 

1720. 

joyned  issue  with  the  Crown  upon  this  head.  Ad  Parlianientum 
appellant,  ad  Parliament um  ibunt.  And  certainly  if  ever  any 
point  was  worthy  the  consideration  of  Parliament,  this  will 
be  so  :  For  the  question  is  not  barely,  whether  the  people 
of  the  Massachusets  Bay  shall  give  their  Governour  a 
sallary  ?  nor  even  in  what  manner  they  ought  to  give  it  ? 
But  whether  their  repeated  refusals  upon  this  head  compar'd 
with  the  whole  course  of  their  conduct,  for  many  years  past, 
does  not  manifestly  tend  to  the  throwing  off  their  dependence 
upon  the  Crown  ?  and  whether  it  is  not  high  time  to  put  a  stop 
to  these  proceedings  ?  It  was  wisely  said  by  one  of  the  ablest 
men  that  ever  publishd  his  thoughts  upon  commerce  that  we 
had  lost  all  that  was  loose  about  us,  and  that  if  the  Acts  of 
Navigation  did  not  preserve  the  remainder,  we  should  have 
none  left.  If  this  observation  be  applicable  to  trade  in  general, 
it  is  certainly  so  in  a  more  particular  manner  to  our  American 
Colonys  :  all  wise  people  have  ever  secured  the  dependence  of 
their  Plantations,  by  the  strongest  tyes  that  human  prudence 
could  invent,  and  perhaps  our  settlements  may  be  of  as  much 
consequence  to  us  as  Mexico  and  Peru  to  Spain.  They  take 
off  above  a  million  sterling  annually  in  our  manufactures  and 
products,  they  employ  two-thirds  of  the  shipping  of  Great 
Brittain  and  contribute  very  largely  towards  bringing  the 
ballance  of  trade  in  all  parts  of  Europe  in  our  favour  :  But  in 
one  respect  they  can  never  be  sufficiently  valued,  as  they  give 
us  a  trade,  which  cannot  possibly  be  lost,  but  by  our  own  neglect; 
and  shall  we  lose  this  trade  ?  God  forbid  !  but  can  we  hope 
to  keep  it,  if  our  Colonys  grow  independent  ?  Let  it  be  con- 
sidered that  the  produce,  mines  and  manufactures  of  this 
country,  for  the  most  part,  are  the  same  with  our  own,  that 
they  have  many  advantages  over  us  in  the  Fishery,  that  they 
rival  us  in  foreign  markets,  that  they  furnish  other  nations 
with  shipping  and  timber,  that  they  have  already  almost  quite 
beaten  us  out  of  the  ship-building  trade,  that  they  have  a 
general  disregard  for  the  laws  of  trade  and  other  statutes  of 
this  Realm,  that  they  yearly  debauch  great  number  of  our 
sailors  into  their  service,  that  they  are  the  principal  cause  of  all 
the  disorders  yearly  complain'd  of  in  the  Newfoundland  Fishery, 
that  they  have  constantly  driven  a  most  pernicious  trade  with 
Surinam,  Martinico  and  other  foreign  Plantations,  who  without 
their  horses,  timber  and  provisions  could  hardly  have  carryed 
on  their  sugar  works  etc.  as  they  have  done  to  the  great  damage 
of  our  own,  and  that,  notwithstanding  their  Charter  is  founded 
in  liberty  of  conscience,  they  have  assumed  to  themselves  all 
the  powers  of  an  Establisht  Church,  have  grievously  oppressed 
their  fellow  subjects  differing  from  them  in  persuasion,  and 
imprisoned  the  Quakers,  for  not  contributing  to  the  maintenance 
of  their  Ministers.  Let  it  be  considered  that  the  people  we  are 
now  contending  with,  possess  a  vast  tract  of  land,  and  a  fertile 


586  COLONIAL   PAPERS. 

1729. 

soil  it  is  etc.  That  they  were  able,  some  years  ago,  to  bring 
above  16,000  fighting  men  into  the  field,  that  the  number  of 
their  inhabitants  then  consisted  of  near  100,000  souls,  and  in 
all  probability  are  at  present  much  more  numerous,  for  their 
Militia  in  the  space  of  sixteen  years  only  from  1702  to  1718 
increased  one  third.  That  they  annually  build  about  150 
vessels  of  all  sorts,  chiefly  for  sale,  and  that  about  190  sail  do 
constantly  belong  to  this  Province.  That  they  are  daily 
destroying  the  King's  Woods  in  defiance  of  their  Charter,  and 
of  our  Acts  of  Parliament  which  have  reserved  them  for  the 
service  of  the  Royal  Navy.  That  they  have  several  strong 
forts  and  convenient  harbours  and  can  upon  occasion  raise 
more  men  and  mony,  than  half  the  Brittish  Colonys  upon  the 
Continent  of  America.  That  their  Assembly  are  constantly 
encroaching  upon  the  Royal  authority,  that  they  have  attempted 
to  take  the  command  of  the  forts  and  troops  into  their  own 
hands,  that  they  have  assumed  the  power  of  dispensing  with 
their  own  laws,  that  they  have  treated  their  Governor  with 
contempt  for  endeavouring  to  persuade  them  to  comply  with  the 
King's  Instructions,  and  have  had  the  boldness  to  complain  of 
him  to  H.M.  for  not  concurring  with  them  in  raising  supplys 
in  a  method  altogether  unwarrantable,  by  a  vote  instead  of 
an  act  of  Assembly,  directly  contrary  to  their  Charter,  and  that 
they  have  for  some  time  past  usurped  a  power  of  directing 
payment  of  the  annual  supplys  raised  and  appropriated  for 
the  support  of  their  Government,  whereby  the  officers  of  this 
Province  both  civil  and  military  become  dependent  upon  the  said 
Assembly  for  their  pay,  even  after  the  services  performed. 
Much  more  might  be  said  upon  this  subject,  but  this  perhaps 
may  be  sufficient  to  awaken  us,  I  wish  it  may,  I  have  stated 
their  circumstances  in  an  impartial  light ;  Let  the  Patrons  of 
Brittish  Liberty  and  Commerce  determine  concerning  them. 
50  pp.  [C.O.  5,  752.  No.  45]. 

1729-  1058.     Index  to  MS.  records  of    Leeward  Islands.     [C.O. 

1743.       326,  43]. 

1729.  1059.     Correspondence  of  Commandants  of  Essquibo  with 

the  Directors  of  the  Dutch  West  India  Company.  [C.O.  116, 
25,  26]. 

1060.     Shipping  returns,  Nevis,  1720-1729.     [C.O.  187,  2]. 


AMERICA   AND   WEST   INDIES.  587 


ADDENDA,  1728. 


1728. 

June  6.  1061.  Mr.  Partridge,  Agent  of  Rhode  Island,  to  Mr.  Popple. 
(4th  mo.)  Understanding  there  is  like  to  be  made  some  application  at 
!ane>  *ne  ensiimg  Congress  at  Soisons  for  obtaining  satisfaction  from 
Spain  for  the  ships  taken  by  the  Spaniards  belonging  to  English 
merchants  I  do  therefore  send  thee  herewith  an  accot.  of  a 
ship  belonging  to  Rhd.  Island  taken  about  4-  yrs.  since,  from 
Capt.  Wanton  whose  Attorney  I  am,  we  endeavoured  to  get 
satisfaction  from  ye  Court  of  Spain  as  will  appear  by  enclosed 
papers  etc.,  but  we  never  could  recover  anything  at  all  :  so 
now  I  desire  thou  wouldst  please  to  let  this  ship  and  cargo 
amo.  to  upwards  of  £1,800.  0.  0.  sterling  be  incerted  amoung  such 
accots.  as  are  to  be  transmitted  to  ye  Congress,  I  am,  Thy 
Friend,  Signed,  Richd.  Partridge.  Endorsed,  Reed.  Read 
6th  June,  1728.  1  p.  Enclosed, 

1061.  i.  Petition  of  William  Wanton  to  the  King,  1725. 
Owner  with  his  father,  Col.  Wm.  Wanton  of  Rhode 
Island,  petitioner  sailed  in  command  of  the  ship 
Wanton  in  Dec.  1723  with  a  cargo  for  St.  Christophers. 
Leaving  Jamaica  in  April,  1724,  he  was  forced  by  a 
storm  to  put  into  the  island  of  Chincherna  near  Cape 
Catock  in  search  of  water,  where  they  were  seized  by 
the  Spaniards  and  detained  to  the  damage  of  £1800 
sterl.  He  had  had  no  commerce  with  any  Spaniards 
nor  any  contraband  or  Spanish  goods  on  board.  The 
Spaniards  took  all  his  papers  and  treated  the  crew 
very  barbarously,  hanging  up  some  by  the  neck,  with 
a  drawn  cutlass  held  at  their  throats,  on  pretence  to 
make  them  confess  where  they  were  bound.  They 
were  carried  to  Campeachy  and  put  in  prison,  and  in 
the  following  June  to  Vera  Cruz  and  put  in  prison 
almost  knee  deep  in  water,  and  was  then  released  by 
the  intercession  of  Capt.  Wm.  Cleland  of  the  Royal 
Prince  and  the  English  factory  there  etc.  Prays  for 
restitution  etc.  2  pp. 
1061.  ii.  Estimated  value  of  cargo  of  the  Wanton,  £1800 

sterling.     1  p. 

1061.  iii.  Duke  of  Newcastle  to  Mr.  Stanhope,  Ambassador 
at  Madrid.  Directs  him  to  use  his  endeavours  to 
obtain  a  full  and  speedy  satisfaction  from  the  Court 
of  Spain  etc.  Signed,  Holies  Newcastle.  Copy.  2  pp. 
1061.  iv,  v.  Depositions  of  William  Wanton,  jr.,  Capt., 
and  Caleb  Godfrey,  mate  of  the  Wanton,  confirming 
No.  1. 


588 


COLONIAL   PAPERS. 


1728. 


June  13. 


[1728]. 


1725- 
1728. 

1728- 
1731. 

1728- 
1753. 

1728. 


1061.  vi.  Deposition  of  William  Wanton,   14th  Jan.,   1725. 
The  Wanton  was  never  condemned,  and  the  Governor 
of  Merida  and  Campeachy  refused  deponent's  applica- 
tion for  her  trial.     1  p.     [C.O.  388,  27.     Nos.  29,  29. 
i-vi]. 

1062.  Memorial  of  loss  and  damage  (£91  18,5.  Gd.)  suffered 
by  Obadiah  Osborn,  passenger  on  board  the  Anne  etc.  Signed, 
Obadiah    Osborn.     Certified   by,    Will.    Hore,    Jethro.    Osborn. 
1  p.     [C.O.  388,  27.     No.  83]. 

1063.  Draft  of  H.M.  licence  to  Ralph  Gulston  of  London 
to  cut  six  ships'  loadings  of  masts  in   New  England  in   1728, 
1729,  1730,  and  1731,  for  the  use  of  H.M.  Navy  etc.     5|  pp. 
[C.O.  5,  12.    ff.  77-79i>.]. 

1064.  List  of  causes  determined  in  the  Court  of  Common 
Pleas,  Barbados.     [C.O.  33,  28]. 

1065.  List  of  causes  determined  in  the  Court  of  Common 
Pleas,  Barbados.     [C.O.  33,  29]. 


1066.  Shipping  returns,  Barbados.     [C.O.  33,  16]. 

1067.  Correspondence  of  Commandants  of  Essquibo  with 
Directors  of  the  Dutch  West  India  Company.     [C.O.  116,  25]. 


ADDENDA,    1729. 


1729. 

July  30.  1068.  Mr.  Fane  to  the  Council  of  Trade  and  Plantations. 
Has  no  objection  to  two  private  acts  of  New  York,  1728,  for 
naturalizing  (i)  Jan  de  Wit  etc.  and  (ii)  Thomas  Timmer,  except 
that  there  is  not  therein  the  clause  directed  to  be  incerted  in 
every  private  act,  suspending  the  execution  of  it  till  it  has 
received  the  royal  assent.  Signed,  Fran.  Fane.  Endorsed, 
To  be  considered.  Reed.  30th  July,  1729,  Read  28th  Nov., 
1735.  1  p.  [C.O.  5,  1058.  ff.  11,  14  t;.]. 

Oct.  31.         1069.     Order  of  Committee  of  Council.     Referring  extracts 

Whitehall,     (enclosed)  from  Governor  Hunter's  letters  relating  to  a  fort  at 

Port  Antonio,  to  the  Council  of  Trade  etc.     Set  out,  A.P.C.  III. 

No.  191.    Signed,  Temple  Stanyan.     Endorsed,  Reed.  5th,  Read 

26th  Nov.  1729.     l£  pp.     [C.O.  137,  18.    ff.  39-40,  41,  42,  42i>., 


INDEX. 


Abbot,  Joseph,  murder  of,  281. 
Ackworth,  Acworth,  Sir  Jacob,  surveyor 

of  the  Navy,  letter  to,  107. 

,  letter  from,  114,  543. 

Acts  of  Trade  and  Navigation,  806. 
,  Instructions    relating    to,    360  n, 

759. 

Adams,  Conrad,  530  i. 
Addington,  John,  murder  of,  212. 
Addison,  Joseph,  petition  of,  1054. 
Admiralty,  Lords  Commissioners  of,  letter 

from,     50 1,     353 1,     444 1,     855 1, 

864i,  876  I. 
,  . . . . ,  Receiver  General,  N. Y.   See 

King. 
,  Court,     Car.,     N.,     Judge     of, 

arbitrary  proceedings  of,  184. 

,  rights  of,  in  Bahamas,  696,  712. 

,  . . . . ,  opinion  on,  763. 

,  memorial  to,  886  m. 

,  Secretary  to.     See  Burchett,  J. 

Adventure,  ship,  capture  of,  284. 
Albany.     See  under  New  York. 
Albemarle,  Duke  of.     See  Monck. 
Aldborough,  H.M.S.,  965. 
Alexander,  James,  document  signed  by, 

827  xn,  XTTTT 
,  . . . . ,  Attorney     General,     N.J., 

resignation  of,  852. 
Alford,  John,  279. 

,  . . .  . ,  document  signed  by,  1035  I. 

,  James,  279. 

Allein,   Richard,  Chief  Justice,  Car.,  S., 

807  n. 

,  .  . . . ,  complaint   against,    807  v. 

Allen,  Dr.  Simon,  and  Eleanor  his  wife, 

case  of,  28. 
,  — ,  Councillor,    Barbados,    death 

of,  297  I. 

,  Jer.,  document  signed  by,  485  n. 

,  — ,  letter  from,  534. 

Alleyne,  John,  530  I. 

,Abell,  530  I. 

Allsop,  — ,  grant  to,  115. 

AUhea,  ship,  384. 

America,  H.M.  Islands  in,  Governors  of, 

letter  to,  1009. 

,  queries  as  to,  1009  I. 

America,  ship,  517,  517  I,  564  n,  in. 


Anderson,  John,  document  signed  by, 
494  m,  iv. 

,  . . . . ,  memorial  of,  906. 

,  . . . . ,  institution  of,  906  n. 

Anguilla.     See  Virgin  Islands. 

Anne,  brigantine,  278-280. 

,ship,  1062. 

Annesley,  John,  murder  of,  281. 

Anson,  Capt.,  441,  807  v. 

Anstey,  Capt.,  119. 

ANTIGUA  :    and  see  Leeward  I. 

,  Act  for  increasing  the  salary  of  the 

present  Agent  etc.,  128. 

, , ,  referred,  235. 

,  . . . . ,  granting  a  tax  for  a  settle- 
ment on  Governor  Lord  London- 
derry, passed,  406. 

,  . . .  . ,  . . .  . ,  referred,  521. 

,  . . . . , opinion  on,  549. 

,  . . . . ,  . . . . ,  report  on,  616. 

, , ,  referred,  680. 

,  . . .  . ,  .  . . . ,  petition  of  merchants 

against,  680  m. 

, , , ,  referred,  680. 

, , disallowed,  783,  877. 

,  . . . . ,  for  laying  a  duty  of  powder 

and  money  on  att  vessels  etc.,  206, 
713. 

,  . . . . ,  . . . . ,  referred,  460. 

,  for  raising  a  tax  for  paying 

public  debts  etc.,  206, 

, , ,  referred,  460,  771. 

,  . . .  . ,  . . . . ,  opinion  on,  833. 

,  .  . .  . ,  for  constituting  a  Court  to 

hold  plea  of  foreign  attachments  etc., 
repeal  of,  471. 

,  . . .  . ,  . . .  . ,  referred,  22. 

,  ...  .,for  the  better  securing  and 

confirming  the  titles  of  Oeorge 
Thomas,  etc.,  referred,  23. 

,  . . . . ,  .  . .  . ,  confirmation   of,    472. 

,  . . . .,  to  supply  defects  of  an  Act 

for  constituting  a  Court  of  Chancery 
etc.,  545. 

, , referred,  717. 

, ,  to  tax  transient  factors  etc., 

654. 

, referred,  771. 

,  .  . .  . ,  .  . .  . ,  opinion  on,  833. 


590 


INDEX. 


ANTIGUA — contd. 

Acts- — contd. 
,  .  .  .  . ,  for  choosing    Vestrymen  for 

St.  Paul's  Parish,  654. 

,  .  . .  . ,  .  . .  . ,  referred,  771. 

,  . . . . ,  . . . . ,  opinion  on,  833. 

,  .  .  .  . ,  for  the  banishment  of  several 

negro  slaves,  referred,  771. 

,  . . .  . ,  . . . . ,  opinion  on,  833. 

,  .  . .  .,  1727,  for  regulating  vestries 

and  erecting  parishes  in  Basseterre 

and  repealing  the  Act  of  1723,  etc., 

906  i. 
,  . . . . ,  to    invest    certain    lands    in 

H.M.  etc.,  907. 

,  Acts,  duplicate,  signature  of,  318. 

Agent  for.     See  Yeamans,  J. 

,  Assembly,  Minutes  of,  406. 

,  . . . . ,  Speaker  of.     See  Thomas, 

G. 

,  Chancery  Court,  changes  in,  545. 

,  Council,  Minutes  of,  406. 

, list  of,  406. 

,  Councillor.       See     Martin.,     S. ; 

King,  J. ;    Dunbar,  C. ;    Ash,  R. ; 

Jones,  J.  ;     Wetherill,  J.  ;     Byam, 

W.  ;  Carlisle,  F.  ;  Codrington,  W.  ; 

Willett,J.;  Gamble,  Col.;  Cockran, 

A. ;  Yeamans,  J. ;  Thomas,  Major ; 

Thomas,  George. 
,  Deputy  Naval  Officer.     See  Lesly, 

A. 
,  English    Harbour,    defence    and 

maintenance    of,    876 1,    886  i-m, 

979,  979 1. 

,  fortifications,  885. 

,  Governor  of.     See  Stewart,  T. 

,  laws,  printing  of,  815,  816. 

,  negroes,  conspiracy  of,  577,  655, 

682. 

,  shipping,  tax  on,  406. 

,  trade  at,  24. 

Antonio,  sloop,  281  vn. 
Apalache,  fort,  siege  of,  281  x. 
Argyll,  Duke  of.     See  Campbell,  John. 
Armitstead,  Henry,  Councillor,  Virginia, 

recommended  for,  641. 
Armstrong,  Robert,  Deputy  Surveyor  of 

H.M.  Woods  in  America  ;   59,  303, 

359,  483,  547  i,  m. 
,  L.,  Lt.  Governor  of  Nova  Scotia, 

letter  to,  296,  754. 
, .letter  from,  315,  316,  317, 

789. 

,  . . . . ,  complaints  against,  317. 

,  . . . . ,  document  signed  by,  789  I. 

,  . . . . ,  correspondence  of,  789  in. 

Arnold,  Richard,  letter  from,  383  i,  660  i. 
Ash,  Richard,  Councillor,  Antigua,  recom- 
mended for,  406  i. 
Ashley,  John,  530  I, 


Ashurst,  Sir  Henry,  285. 

Asiento,  The,  establishment  of,  441. 

Atkinson,      Theodore,      Secretary,     New 

Hampshire,  document  certified  by, 

180. 
Atkison,  — ,    recommended    for    Council, 

N.H.,  93. 
Aton,  Penobscot  Indian,  document  signed 

by,  1045i. 
Attorney  General,  The.     See  Talbot,  C. ; 

Yorke,  P. 
Auchmuty,    Robert,    Advocate    General, 

Mass.  Bay,  report  by,  547  II. 

,  . . . . ,  opinion  of,  627  i. 

Ayscough,     John,     Councillor,     Jamaica, 

342,  369,  392,  533,  619,  744,  750. 
Azores,  trade  of,  with  Virginia,  45. 


B. 


Bacon,  Devereux,  Naval  Officer  at  Pis- 

cataway,  re-appointment  of,  85. 
Bahama,  galley,  384. 
BAHAMA  ISLANDS,  Accounts,  Public,  110 

rv. 

,  Acts,  of,    1729,  list  of,  965  i. 

,  Admiralty    dues,      Deputy     Re- 
ceiver of.     See  Fairfax.  W. 

,  Agent  for.     See  Goudet,  W. 

,  Assembly,  summons  of,  336,  965. 

,  .  . .  . ,  admission  to,  701 1, 

,  . . . . ,  Clerk,  appointment  of,  701 1. 

,  .  . .  . ,  Journal,  964  i. 

,  baptisms,  marriages  and  burials, 

HOv,  623  iv. 

,  boundary,  211. 

,  Charter,   Admiralty  rights  under, 

referred,  696. 

,  . . . . ,  opinion  on,  712. 

,  Company,  Members,  list  of,  540. 

.Council,  Minutes  of,   112  i,  474, 

476  i,  622  i,  696. 

, ,  Clerk  of.     See  Fairfax,  W. 

,  Councillor.     See  White,  J.  ;    Jen- 

ner,  J.  ;    Ferral ;  Frazer. 

,  defence  of,  660. 

,  garrison,  increase  of,  682,  699. 

Governor  of.     See  Phenney,  G. ; 

Rogers,  W. 

,  grant  of,  291 1. 

,  Gunner.     See  Shott,  W. 

,  Independent  Company,  Agent  to. 

See  Mulcaster,  J. 
inhabitants,    departure    of,    371, 

373,  377. 

,  .  . .  . ,  fit  to  bear  arms,  list  of,  377. 

, ,  idleness  of,  383,  384. 

,  Judge     Advocate -General.      See 

Hughes,  E, 


INDKX. 


51)1 


BAHAMA  ISLANDS — contd. 

,  Naval      Officer.       See     Fairfax  ; 

Warner,  J. 

,  negroes,  imported,  442  in. 

,  observations  on,  1054. 

,  Providence  1.,  remarks  on,  368  I, 

641. 

, ,  condition  of,  384,  408  i. 

,  . . . . ,  trading   by   Mrs.    Phenney, 

373,  384,  408  I. 

,  trade,  etc.,  of,  920  I. 

,  . . .  . ,  ships    entered    and    cleared 

at,    111,    112  vi,    442  I,  n,    476  n, 

in,  691  n. 

,  .  . .  .,  Government,  need  of,    371. 

,  . . . . ,  Independent         Company, 

Captain     of.       See     Rogers,    W.  ; 

Phenney,  G. 
,  . . .  . ,  Nassau,   stores   of  war   at, 

110  n,  112  n,  193. 
,  .  .  .  . ,  Walpole  Fort,    building  of, 

371,  441. 

,  . . . . ,  Custom  House,  papers,  474. 

,  Ordnance  stores,  account  of,  623 

m. 

,  Lords  Proprietors,  358  i. 

,  purchase  of,  proposed,  492  i. 

,  .  . .  . ,  representation  on,  referred, 

502,  937. 

,  report  on,  358,  407  I,  408  I. 

,  revenue,  623  i. 

,  Secretary.     See  Fairfax,  W. 

,  settlement  of,  211,  1054. 

,  shipping,  etc.,  list  of,  692. 

,  Society,  384. 

,  .  . .  . ,  Agent  for.     See  Goudet,  W. 

,  Spanish  claim  to,  292. 

,  .  . . . ,  depredations  at,  292. 

,  stores  of  war,  336. 

,  title  to,  291 1,  n. 

,  Treasurer.     See  Goudc  t,  W. 

,  . . . . ,  Account  of,  623  n. 

Balaguier,  — ,  Secretary       of      Jamaica, 

recommendation  for,  590. 
Baltimore,  Lord.     See  Calvert. 
Ball,  E.  Papillon,   document  signed   by, 

1035  i. 

Banister,  Samuel,  280. 
Bant,  Gilbert,  Capt.,  279. 
BARBADOS  ;    and  see  Sta.  Lucia,  St.  Vin- 
cent, Tobago. 
,  Act  for  laying  a  duty  on  urines,  etc., 

referred,  140. 

,  .  . . . ,  disallowed,  478. 

,  .  . .  . ,  opinion  on,  832. 

,  .  . .  . ,  to   ascertain     the    elections, 

etc.,  of  churchivardens,  etc.,  40,  168. 
,  .....  to    exclude    members    of   the 

Assembly  from  certain   offices,  etc., 

140. 


BARB  A  DOS — contd. 

Act — contd. 
,...., for    supporting    the    honour 

and  dignity  of  the  (lovemment,  192, 

909. 
,  . . . . ,  .  . .  . ,  continuation     of,     in 

force,  881,  1004. 

,  . . . . ,  . . .  . ,  opinion  on,  667  I,  rv. 

,  . . . . ,  for  the  better  establishment 

of  the  fortifications  etc.,  657. 
,  . . .  . ,  to  prevent   the   carrying   off 

of  negro  slaves  etc.,  140. 
, .Excise,     324,     362,     362 1, 

363  iv,  367,  390,  392,  392  n,  417, 

418,  427,  657,  667,  909,  1004. 

, ,  referred,  421,  445. 

,  . . .  . ,  . . .  . ,  opinion  on,  422,  428. 

,  .  . .  . ,  to    ascertain    the    duties    of 

masters  of  ships  etc.,  207. 
,  ...  .,for  the  settlement  of  Militia, 

1,  697  etc.,  207. 
,  . . . . ,  to  declare  and  ascertain  the 

rights   and  powers   of  the   General 

Assembly  1698,  repeal  of,  362,  390. 
,  .  . . . ,  for    the    better    securing    the 

liberty  of  H.M.  subjects  etc.,  1697, 

repeal  of,  362. 
,  . . .  . ,  to  reduce  the  rate  of  interest, 

453,  861. 
, , ,  opinion  on,  832, 1004i- 

m. 
,  ...  .  ,for     the     encouragement     of 

\\illiam  Ramsden,  453. 
,  ...  .,for  the  better   finishing  etc., 

the  magazines  of  St.  Ann's  Castle 

and  building  a  town  hall  and  gaol 

in  St.  MichaeFs  etc.,  909. 
,  Acts   of  Trade   and   Navigation, 

instructions  concerning,  297  i. 
,  Assembly,  petition  of,  6  I,  120 1, 

215,  334,  389,  598  i. 

, ,  powers  of,  168,  297  I,  390. 

,  Address  of,  335,  362,  363  n, 

m,  739. 
, ,  Minutes  of,  362,  390,  453, 

508,  761,  909. 

, ,  disputes  with,  389, 453,  909. 

,  .  . . . ,  Journal  of,  454  I. 

, ,  Speaker.     See  Peers,  Col. ; 

Sutton,  E. 

, .  Clerk.     See  Warren,  R, 

,  Attorney  General.     See  Blenman, 

J. 
,  Chancery,  Court  of,  proceedings, 

121,  909  i,  n. 

,  . . .  . ,  practice,  207. 

,  Chief      Justice.        See    Barwick  ; 

Frere,  J. 

,  confusion  at,  761,  773,  787,  909. 

corn,  from  St.  Vincent,  34,  41, 


592 


INDEX. 


BARBADOS — contd. 

,  Council,  Minutes,  161,  362,  368  i, 

390 1,  m,  657,  909. 
,  . . .  . ,  dispute  of,  with  Assembly, 

453. 
,  Deputy  Secretary  and  Clerk.     See 

Hammond. 
Councillor.        See    Barwick,    S.  ; 

Maxwell,  T. ;  Lightfoot,  R.  ;  Allen  ; 

Frere,  J. ;    Lillington,  G.  ;    Pilgrim, 

J. ;  Bond,  F. ;  Davers,  T.  ;  Leslie, 

W.  ;   McMahon  ;    Haggatt,  O. 
,  Court  of  Common  Pleas,    list  of 

causes,  1046,  1065. 
,  Court   House   and  gaol,   erection 

of,  168. 

,  debt,  453,  657,  657  vi. 

,  fortifications,  6  i,  207,  334,  363  n, 

389. 

,  Governor.     See  Worsley,  H. 

,  . . . . ,  late.     See  Lowther,  R. 

, ,  Instructions  to,  1721-1722, 

2 1. 
,  right  of,  to  grant  Tobago, 

2v. 
,  Grand  Jury,  Address  of,  324  iv, 

518n-iv,  773i-vi. 

,  . . .  . ,  selection  of,  530. 

,  list  of,  530  i. 

,  Grand  Sessions,  causes  at,  list  of, 

518i. 

, ,  Minutes,  909. 

,  grant  of,  right  to,  2  v. 

,  Magazine,  The,  report  on,  207  v. 

,  . . . . ,  disbursements  for,  453  i-iv. 

,  Markets,  Clerk  of  the.     See  Bur- 
net,  A.  ;  Hay  ward,  T. 

Militia,  389. 

,  state  of,  207. 

,  .  .  .  . ,  neglect  of,  6  I. 

,  negroes,  imported,  657  xiv. 

, ,  tax  on,  1004. 

,  Officials,  fees  of,  390. 

,  Orders,  passed  by  Governor  and 

Council,  1714-1728,  657  i. 
,  Oyer    and    Terminer,    Court    of, 

proceedings,  909  in. 
,  Provost  Marshal.     See  Kennedy, 

W. 

,  . . . . ,  Deputy,  resignation  of,  389. 

,  queries  as  to,  1010  i. 

,  rum  from,  179  I. 

,  seals,  880,  914,  916,  922. 

,  Secretary.      See    Whitworth,  F.  ; 

Micklethwait,  Viscount. 
,  . .  . . ,  Deputy.     See  Webster,  W. ; 

Lenoir,  J. 

,  Shipping  returns,  1066. 

,  Spanish  privateers  at,  324,  324  i, 

II. 


BARBADOS — contd. 

storekeeper.        See    Leslie,    W. ; 

Durousseau,    S.  ;     Downes,    Col.  ; 

Wadeson,  S. ;    Forbes,  Col. 

,  stores  of  war,  207,  657  in-v. 

,  sugar,  duties  on,  26. 

,  taxation,  330,  363  n. 

,  Treasurer.     See  Plaxton,  G. 

,  .  .  .  . ,  Accounts  of,    657,    657  VI- 

XIV. 

Barbarie,   John,   Councillor,   New   York, 

death  of,  8,  224,  463,  493. 
Barnard,  Montagu,  document  signed  by, 

352m. 
Barnstaple,  Mayor  of,  letter  to,  461. 

,  complaints  from,  487,  1016. 

Barwick   (Berwick),    Samuel,   Councillor, 

Barbados,  124,  132,  297  I. 
,  . . .  . ,  junior,  document  signed  by, 

518  iv. 
,  . . .  . ,  Chief     Justice,     Barbados, 

address  to,  518  rv. 
Bashford,  William,  186. 
Battaley,    John,    document    signed    by, 

773  vi. 

Batting,  John,  deposition  of,  641  m. 
Bayley,    Joseph,    document    signed    by, 

773  vi. 
Beake,  Thomas,  24,  35. 

, ,  letter  from,  103,  117. 

,  letter  to,  117  I,  H. 

,  . . . . ,  Agent  for  St.  Christopher, 

letter  from,  671. 
Beans, —,281. 

Beauchamp,  John,  grant  to,  929  n. 
Beauclerk,  Lord  Vere,  Commodore,   166, 

436,  437,  527  I,  666,  686,  687,  700, 

708,  708  i,  n.  939. 
,  letter  from,  423  i,  424  i,  437,  697, 

697  i,  883,  940,  940  i. 

,  Instructions  for,  708  m,  725. 

Beaufort,  Duke  of,  a  Lord  Proprietor  of 

Carolina,  document  signed  by,  95, 

115,  130,  130 1. 
Beckford,    Thomas,    Speaker,    Jamaica, 

document  signed  by,  197  I. 
Bedford,  Thomas,  document  signed  by, 

518  iv. 
Beeston,   Sir  William,  late  Governor  of 

Jamaica,  895. 

,  . . . . ,  letter  from,  895  n. 

Bekin,  Allard,  document  signed  by,  1035  I. 
Belcher,  Jonathan,  Agent  of  Assembly, 

Massachusetts      Bay,   571  I,     969, 

969 1. 

, ,  letter  from,  838  i,  985. 

,  petition  of,  921 1,  923,  927, 

931,  935,  941. 

,  . . . . ,  Governor  of  the  Massachu- 
setts  Bay     and   New   Hampshire, 

appointment,  998,  1029. 


1XDKX. 


598 


Belcher,  Jonathan — contd. 

,  .....  Commission  for,  1022  11,  m, 

1024,  1046,  1050. 

,  .  .  .  . ,  document  signed  by,  1057. 

, .letter  from,  1050. 

Belhaven,  Lord.     See  Hamilton,  .1. 

Hellairuier.  — ,  Jamaica,  831. 

Bellawy,  John,  952  I. 

Rennet,  John,  letter  from,  34,  41  T,   104 

ra,  393. 

Bennett,  Capt.,  317. 
,  Benjamin,   document   signed   by, 

352m. 

,  John,  letter  from,  526  i. 

Berkeley,  Lord,  a  Proprietor,  Bahama  I., 

358  I. 
BERMUDA,    Act    to    prevent    any    person 

allowing      and      encouraging     any 

negroes  from  rioting  etc.,  822. 
,  .  . .  . ,  to  prevent  any  person  from 

making     etc.     any    net     exceeding 

3£  fathoms  etc.,  822. 

,  .  . . . ,  for  repealing  an  A  ct  for  estab- 
lishing fast  days  etc.,  822. 
,  .  . . . ,  for   making   an   addition   to 

the  salary  of  H.  E.  John  P,tt,  Esq., 

etc.,  822. 
,  . . .  . ,  for  repairing  the   highways, 

822. 
,  .  . .  . ,  laying     an     imposition     on 

negroes  etc.  imported,  822. 
,  .  . .  . ,  to  supply  the  deficiency  of  the 

funds  for  finishing  the  fortifications 

etc.,  822. 
,  . . .  . ,  for  raising  a  sum  of  money 

for  repairing  the  Castle  and  other 

fortifications  etc.,  referred,  826. 
,  ...  .,for    repealing    an     Act     to 

prevent   the  destruction   and   trans- 
portation  of  palmeto  tops,  and  an 

Act  amending   the    same,  referred, 

826. 
,  ...  .,for    raising    a    quantity    of 

timber  etc.  for    repairing  the  Castle 

etc.  (1727),  referred,  826. 

,  .  . . . ,  Habeas  Corpus,  497. 

,  Acts  of,  888. 

,  Agent  for.     See  Noden. 

,  Assembly,    election    of,    ordered, 

457. 

,  .  . . . ,  prorogued,  497. 

, petition  of,  943-944. 

,  .  . .  . ,  journal  of,  822. 

,  Chief  Justice.  See  Outerbridge,  \V. 

,  Council,  Minutes  of,  888. 

,  petition  of,  943-945. 

,  Councillor.    See  Outerbridge,  W. ; 

Parsons;  Buttertield,  ,S. ;  White,  L. 

,  Councillors,  appointment  of,  266. 

,  currency,     proposals     respecting, 

497,  497  I. 


BERMUDA — contd. 

.defence   of,    677,   822,   829,    933, 

944. 

,  fortifications,  assessment  for,  204. 

,  garrison,  removal  of,  676. 

,  inhabitants,  list  of,  203. 

,  Justice,    administration    of,    438, 

457. 

,  Lt.  Governor.     See  Pitt,  J. 

,  Provost  Marshal.     See  Tucker,  G. 

,  Seals  for,  274,  399, 

,  Secretary.     See  Tucker,  G. 

,  Spaniards,  ships  taken  by,  829, 

943-945. 

,  state  of,  677,  678. 

Bertie,  James  and  Henry,  Lords  Pro- 
prietor-' of  Carolina,  document 
signed  by,  95,  115,  130,  130i. 

, ,  title  of,  341. 

,  Edward,  Secretary  and  Registrar, 

Carolina,  1039. 

Berwick.     See  Barwick. 

Berwick,  H.M.S.,  38,  119. 

Bethell,  S.,  document  signed  by,  1035  i. 

Bethune,  David,  document  signed  by, 
494  vi. 

Beverly,  Peter,  Councillor,  Virginia,  death 
of,  641,  788. 

Bideford  (Biddiford),  H.M.S.,  261. 

Bideford,  Mayor  of,  letter  to,  461. 

Bignall,  John,  document  signed  by,  6, 
6 1. 

Bisse,  Thomas,  action  against,  28. 

Bladen,  Martin,  Col.,  514,  830. 

, ,  letter  to,  407,  836. 

Blair,  John,  Deputy  Auditor,  Virginia 
document  signed  by,  641  iv,  796  i, 
n. 

Blanco,  Capt.,  raids  by,  292. 

Blenman,  Jonathan,  Attorney  General  of 
Barbados,  warrant  for  re-appoint- 
ment, 79. 

,  . . . . ,  opinion  of,  667  i,  1004  n, 

,  . .  .  .,  testimony  to,  761. 

Bluett,  Thomas,  deposition  of,  28. 

Boddiott,  Richard,  document  signed  by, 
1035  i. 

Bodler,  John,  Capt.,  220. 

, ,  letter  to,  225. 

Bond,  William,  map  by,  226. 

,  Francis,  Col.,  Councillor,  Bar- 
bados, death  of,  657,  765,  805. 

Bonham,  Samuel,  document  signed  by, 
1035  i. 

Boone,  Charles,  document  signed  by, 
352  m. 

Boston.     See  Massachusetts. 

Boswell,  — ,  358  n. 

Bourbon,  L.  A.  de,  document  signed  by, 
1053  vm. 

Bourne,  Andrew,  conviction  of,  797. 


\Vt. 


C.P.  XXXVI— 33 


594 


INDEX. 


Bourryeau,  John,   Councillor,   St.   Chris- 
topher, death  of,  908. 
Bowdler,  John,  Capt.,  letter  from,  263. 
Bowen,  John,  petition  of,  386  i. 
Bowerman,  — ,  101,  119. 
Brace,  Edward,  document  signed  by,  6, 

6 1. 
Bradley,  Richard,  Attorney  General,  New 

York,   memorial  by,   4 1,  n,  743n, 

989-989  m, 

,'....,  document  signed  by,  5. 

, ,  Councillor,  request  for  ap- 
pointment as,  8. 
, ,  re-appointment,        warrant 

for,  80. 

, ,  petition  of,  295, 295  n,  743  i. 

,  . . . . ,  charge    against,    reply    to, 

989  vi. 

, ,  letter  from,  743,  988. 

, ,  salary  of,  989 1,  m,  iv. 

Bradstreet,  Ensign,  395. 
Bramley,  John,  Councillor,  Montserrat,  167. 
Bray,  David,  Councillor,  Virginia,  nomi- 
nation of,  641. 
Bredah,  H.M.S.,  38  i,  185. 
Bresley,  Breley,  Monseigneur,  complaint 

against,  789. 
Bridgwater,    Edward,    Treasurer,    Nevis, 

document  signed  by,  159. 
Bridger,  J.,  late  Surveyor  of  H.M.  Woods 

in  America,  303. 
Bristol,  Mayor  of,  letter  to,  461. 
Brock,  William,  affidavit  by,  649  n. 
Broglie,   Comte  de,   French  Ambassador, 

introduction  by,  584,  585. 
Brooker,  William,  memorial  of,  282. 
Brouillan,    M.    Ovide    de,    Governor    of 

Louisbourg,    ungenerous    dealings 

of,  395. 

Brown,  Charles,  passport  for,  229. 
,  Jabez,  Joseph,  Daniel,  Benjamin, 

Oliver,  Isaac,  Hezekiah,  petitions 

of,  386  i. 

Browne,  Nathaniel,  petition  of,  386  i. 
Brownrigg,  John,  case  of,  28. 
Bruce,  James,  document  signed  by,  6,  6  I. 
Bull,     William,     Clerk     of    Council,     S. 

Carolina,  200  n. 
,  . . . . ,  document  signed  by,  200  n, 

568,  807  n. 

,  John,  Capt.,  281. 

Bullock,  John,  petition  of,  386  i. 
Burchett,   James,   Secretary   to   the   Ad- 
miralty,   letter    from,    166,    353 1, 
486,  686,  700,  886,  1034. 
, ,  letter  to,     173,  410,  423  I, 

444  n,  491,   687,    716,    885,    1028, 
1034  i,  n,    1053  iv,  v. 
Burnet,  Alexander,  Clerk  of  the  Market, 

Barbados,  709. 
,  . . .  . ,  re-appointment  of,  84, 


Burnet — contd. 

,  William,    Governor  of  New  York 

and  New  Jersey,  827,  860. 

,  .  . .  . ,  letter  from,  356. 

,  .  . . . ,  Governor  of  Mass.  Bay  and 

New  Hampshire,  188,  913,   1057. 
, , ,  letter  from,  307,  386- 

388,  404,  405,  429-432,  484,  485, 

570,  572,  647-649,  747-748,  838- 

840. 
, ,  letter    to,    426,    592, 

756,  792,  793. 
,  . . .  . ,  .  . .  . ,  Instructions     to,     52, 

122  m,  iv,  135-137,  267,  268,  286, 

400,  419,  758. 

, .referred,  123. 

, , .salary    of,    386,    389, 

404,    405,    429-430,    485,     571  I, 

572,  582,  592,  747-748,  756,  792, 

794,  839,  898,  904,  913,  921 1. 

,  . . . . ,  Commission  of,  57. 

,  . . .  . ,  . . . . ,  revocation  of,   1031. 

,  . . . .,  death  of,  898,  904,  932,  949, 

969. 

,  Thomas,  letter  from,  935. 

Burniston,  Charles,  Surveyor  General  of 

H.M.  Woods  in  America,  359,  483. 

,  . . . . ,  absentee,  50. 

Burrington,  George,  Capt.,  Lt.  Governor, 

N.  Carolina,  grant  to,  115. 

,  .  . .  .,  removal  of,  781,  871. 

, ,  letter  from,  846,  871. 

, ,  letter  to,  999. 

Burt,  William  Pym,  Col.,  appointment  of, 

as  Judge,  concerning,  28. 

,  Councillor,  Nevis,  167,  908. 

, ,  St.   Christopher,   908. 

,  . . . . ,  deposition  of,  320  in,  iv. 

Butler,    Thomas,    Speaker   of  Assembly, 

St.  Christopher,  809  I  (b). 

, ,  cases  of,  28,  35. 

,  . . . . ,  charge  by,  320. 

,  . . . .,  letter  from,  117  I. 

,  . . . .,  Councillor,  Nevis,  167. 

,  .  . . . ,  junior,  document  signed  by, 

1035  i. 

,  Walter,  Lt.,  commission  for,  re- 
quested, 187. 
Butterfield,  Samuel,  Councillor,  Bermuda, 

183. 

Butterworth,  John,  petition  of,  386  I. 
Byam,  Edward,  petition  of,  63. 

,  .  . . .,  document  signed  by,  1035  I. 

,  William,  Col.,  Councillor,  Antigua, 

death  of,  809. 

Byng, ,  696. 

Byrd,  William,  Councillor,  Virginia,  261. 

,  . . . . ,  Commissioner      to       settle 

boundaries   between   Virginia   and 
N.  Carolina,  45,  261,  641. 


INDEX. 


r><»5 


Byrd,  William — contd. 

,  .  . .  . ,  document    signed    by,    261 

ni,  641  vn. 
,  . . .  . ,  letter  from,  795. 


c. 


Cabot,  Sebastian,  291 1. 

Caccally,  Francis,  letter  from,  395. 

Calvert,  Charles,  Baron  Baltimore,  Lord 

Proprietor,  Maryland,  241,  740. 
,  . . . . ,  abandonment    of   lands    at 

Delaware  Bay  by,  285. 

,  .  . .  . ,  instructions  to,  287. 

Campeachy  Bay,  logwood  from,  39,  617. 

,  prisoners  at,  233  i. 

,  settlement  at,  291 1. 

Campbell, ,  Councillor,  Jamaica,  369, 

619. 
,  John,  Duke  of  Argyll,  letter  to, 

659. 

Canada,  Indians,  974. 
,  .  . . . ,  Loron    sent    as    messenger 

to  Governor  of  Quebec,  974,  1019, 

1045,  1049. 

, ,  trade  with  French,  980. 

, , in    New    York,    989. 

And  see  Oswego. 

,  Quebec,  997. 

,  .  . .  . ,  Governor       consulted       by 

Indians,  1019. 
Cape  Breton,  trade  with,  213  n,  789  m. 

,  French  invited  to  settle  at,  315. 

Caribee  Islands,  protection  and  trade  of, 

34. 

,  French  at,  41. 

Carkesse,  Charles,  Secretary  to  the  Com- 
missioners of  Customs,  letter  from, 

39. 
, ,  letter  to,  40,  64,  318,  721, 

777,  812,  920, 
Carlisle,  Francis,  Councillor,  Antigua,  58, 

62,  63,  127,  167. 
Carmichaell,  Archibald,  document  signed 

by,  773  vi. 
CAROLINA,  Act,  1696,  to  ascertain  the  prices 

of  land  etc.,  1037,  1037  i. 

,  claim  to  part  of,  by  Spain,  291  I. 

,  Clerk  of  the   Peace  and  Crown. 

See  Lowndes,  T. 
,  Lords   Proprietors   of.   surrender 

of  interest  in   by,   142,  515,   565, 

1029,  1056. 

,  . . . . ,  petition  for,  95. 

, ,  letter  from,  115,  130. 

,  . . . .,  letter  to,  871. 

, , ,  title  of,  341, 


CAROLINA — contd. 

Lords  Proprietors  of — contd. 

,  . . . .,  grants  to,  291  i. 

, ,by,  115. 

,  . . . .,  arrears  due  to,  130,  130  I. 

,  .  . .  . ,  memorial  of,  1056. 

,  papers,  list  of,  145. 

,  Provost  Marshal.     See  Lowndes, 

T. 
purchase  of,  reasons  for,  566,  603, 

603  n. 

,  Registrar.     See  Bertie,  E. 

,  report  on,  514. 

,  Secretary.     See  Bertie,  E. 

,  settlement  of,  210. 

,  . . . . ,  and  bounds  of,  21 1. 

,  title  to,  291 1,  n. 

CAROLINA,  NORTH,  boundaries  with  Vir- 
ginia, Commissioners  appointed  to 

settle,  45,  261,  573,  641,  772. 
,  . . . . ,  journal    of,    261  m,    295  i, 

515,  515  i,  n. 

,  . . . . ,  protest  of,  641  vi. 

,  . . . . , ,  reply  to,  641  vn. 

,  . . . . ,  Surveyors      appointed      to 

settle,  journal    or    field    book    of, 

641  v. 

,  Chief  Justice.     See  Gale,  C. 

,  Council,  Address  of,  515  rv,  811, 

813,  856  i. 

,  . . . . ,  unruly  conduct  of,  857. 

,  . . .  . ,  minutes  of,  857  n. 

Councillor.     See      Reed,       W. ; 

Pollock,  T.;  Gale,C. ;  Harvey,  T.; 

Palin,  J. ;   Sanderson,  R. ;   Foster, 

F. ;   West,  R. ;   Worley,  J. ;   Gale, 

E. ;    Lovick,  J. 
,  Governor.     See  Burrington,   G. ; 

Everard,  Sir  R. 
,  land  in,  purchase  of,  by  warrant, 

573. 

,  . . .  . ,  irregular  patents  for,  1038. 

,  Lords  Proprietors  of,  Instructions 

to,  287. 

,  paper  currency,  999. 

,  products  of,  1008. 

,  quitrents,  857. 

,  Receiver  General.     See  Little,  W. 

,  Secretary.     See  Lovick,  J. 

state  of,  871. 

,  Surveyor  General.    See  Moseley ,  E. 

,  tobacco,   export  of,   to  Virginia, 

184,  372. 
,  whale   fishery,   tenths,   value  of, 

130i. 
CAROLINA,  SOUTH,  Act  to  prevent  the  many 

evils  etc.  from  the  unsettled  state  of 

the  paper  currency  etc.,  200  i-iv. 
, to  ascertain  the  value  of  the 

paper  bilk  etc.,  200  vi,  807  v. 
, , rejection  of,  807  v, 


596 


INDEX. 


CAROLINA,  SOUTH — contd. 

Act — contd. 

,  . . .  . ,  for  carrying  on  several  Ex- 
peditions against  Indian  and  other 

enemies,  1727,  281 1. 
,  ...  -,for  ascertaining  the  rates  of 

foreign  coin  etc.,  rejection  of,  807  v. 
,  .  . .  . ,  to  promote   the   currency  of 

gold  and  silver  etc.,   200  n,  807  v. 
,  for    the    better    securing    the 

Southern    frontiers,     rejection     of, 

807  v. 
,  .  . .  . ,  to     ascertain     the     discount 

upon    paper    bills    of     credit  etc., 

200  iv,  807  v. 
,  .  .  .  . ,  to   promote   the   importation 

of  gold,  200  in. 

,  . . .  . ,  . . .  . ,  rejection  of,  807  v. 

,  .  .  .  . ,  for  establishing  County  and 

Precinct  Courts,    1721,    repeal   of, 

desired,  841 1,  853  I. 
,  . . . . ,  for    settling    the    Court    of 

Justice,    1726,   additional   Act   to, 

repeal  of.  desired,  841 1,  853  i. 
,  .  . .  . ,  for  taking  away  the  writs  of 

summons,  repeal  of,  desired,  841  i, 

853  i. 
,  .  . .  . ,  for     electing     members     of 

Assembly  by  ballot,  repeal  of,  pro- 
posed, 841 1. 
,  . . . . ,  for  the  amendment  of    the 

law,    1720,    revival    of,    proposed, 

841  i. 
,  . . . . ,  to  include  Cape  Fear  in  the 

Province  of,  proposed,  841  I. 
,  .  . .  . ,  for  sinking  the  paper  money, 

1037. 
,  .  . .  . ,  to  ascertain  the  prices  of  land 

and    payments    of    quitrents,    etc., 

1037. 

,  .  . .  . ,  for    establishing    an    agree- 
ment etc.,  1037. 

,  Assembly,  petition  to,  147-149. 

, ,  Minutes  of,  153. 

,  .  . .  . ,  dissolution  of,  200. 

,  . . . . ,  Journal  of,  567. 

,  . . . . ,  conduct  of,  807  i-m. 

,  .  .  .  . ,  attack  by,  on  Council,  807  v. 

,  . . .  . ,  riotous,  845. 

,  Attorney  General.     See  Whitaker, 

B. 
,  Charleston,  ship  from,  capture  of, 

276. 
,  Chief   Justice.     See    Allein,    R.  ; 

Wright,  R. 

, ,late.     See  Trott,  N. 

,  Clergy    of,    Address    by,    to    the 

King,  99. 
,  Council.  Minutes  of,   153,  200  v, 

567, 


CAROLINA,  SOUTH — -contd. 

Council — contd. 
,  .  .  .  .,  President   of.     See   Middle  - 

ton,  A. 
,....,  Clerk    of.     See    Bull,    W.  ; 

Tinley,  W. 
,  .  . .  . ,  representations     by,      807, 

807  in. 

, ,  letter  from,  568,  807  n,  v. 

,  .  . .  . ,  threats  against,  807  v. 

, ,  Address  by,  853. 

,  Councillor.    See  Skene,  A. ;   Izard, 

R.  ;  Bull,  W.  ;  Kinloch,  J.  ;   Hart, 

C. ;    Schenkingh,  B.  ;    Conseillere, 

B.  de  la  ;    Fitzwilliam,  R. 

,  defence  of,  1037. 

disorder  and   misgovernment   in, 

459,  498  i,  807  i,  v,  841,  848. 
,  Fort  King  George,   220,  225,  263, 

291 1. 

,  .  . .  . ,  Moore,  garrison  of,  807  v. 

,  Governor  of.     See  Johnson,  R. 

,  .  . .  . ,  Instructions     to,     281  xni, 

850,  868. 
,  .  . . . ,  late.      See      Craven,      C. ; 

Moore,  J. ;   Nicholson,  F. 

,  Governors,  future,  powers  of,  841. 

,  Indians,  281,  281  i-v.  x-xiv,  369, 

396,  656,  807  v,  1037. 

, ,  Cherokee,  1037. 

,  .  .  .  . ,  Creek         and         Yamasee, 

murders  by,  807  v. 

,  .  . .  . ,  defence  against,  807  v. 

, ,  French  and  the,  396. 

,  .  . .  . ,  hostilities  by,  281 . 

,  Justice,  administration  of,  853  i. 

,  Lords   Proprietors,   Secretary  to. 

See  Shelton,  R. 

,  negroes,  number  of,  846. 

, , ,duty  on,  130  I. 

,  Offices  vacant  in,  992  I. 

,  Officials'     fees,     inadequacy     of, 

807  n. 

,  paper  currency,  807  v,  845. 

,  papers  relating  to,  845  i. 

,  Port  Royal,  603,  603  i. 

,  .  .  .  .,  settlement    at,    advocated, 

566. 

,  .  .  .  .,  harbour,  807  v. 

,  produce  of,  401. 

,  Protestant  Palatines,  immigration 

of,  378,  380-382,  398,  401,  435  i, 

603,  875. 
,  St.  James  Santee,  parish,  petition 

of,  151. 

,  St.  John's  parish,  petition  of,  152. 

,  seals,  880,  922. 

,  Sinking  Fund,  payment  for  Ex- 
pedition out  of,  281  in. 

,  state  of,  846. 

,  tar  and  rice  in,  1037, 


INDEX. 


597 


CAROLINA,  SOUTH — contd. 

,  trade  of,  with  British  merchants, 

845  ii. 

,  Treasurer,  accounts  of.  14(5. 

Caroline,  Queen,  Guardian  of  the  Realm, 

document  signed  by,  319  in,  708  i. 
,  .  .  .  . ,  Order  in  Council  by,  725- 

738,  876-882. 
,  . . .  . ,  letter,     representation     to, 

742,  750,  751,  765,  770,  778,  810, 

843,  8661. 

,  . . .  . ,  petition  to,  743  i,  776. 

,  .  . .  . ,  warrant,    licence    by,    749, 

803-805,  824,  895. 
Carpenter,  Charles,  petition  of,  38(i  i. 
Cartagena,  H.M.  ships  for,  43. 

,....,  at,  119. 

,  Spanish  money  for,  831. 

Carter,  Robert,  nominated  as  Councillor, 

Virginia,  641. 

,  .  .  .  . ,  document  signed  by,  262  I. 

,  .  . .  . ,  junior,  Naval  Officer,  docu- 
ment signed  by,  351  n,  vi. 

.Thomas,  411. 

Carteret,  Edward,  540. 

,  .  . .  . ,  Postmaster  General,    letter 

from,  575. 
Cary,  Robert,  letter  to,  60. 

, ,  letter  from,  72,  512. 

,  James,  document  signed  by,  559  I. 

Cassandra,  pirate  ship,  291  in. 
Cassart,  Cossart,  Monsieur,   French  Com- 
mander, 65,  65  i,  674. 
( '<itftlan,  Spanish  ship,  605. 
Cavally,    Francis,    Commander    in  Chief, 

Canso,  789  n. 

Cawood,  John,  the  late,  276. 
Chanflour,  M.  de,  introduction  for,  584, 

585. 
Chappell,  John,  document  witnessed  by, 

437  n. 

Charleston  (Charlestown).    See  S.  Carolina. 
Charlton,    Charleton,    Edward,    Judge  of 

the  Supreme  Court,  Jamaica,  342, 

369,  392,  744,  750,  804,  972. 
Chase,  John,  document  signed  by,  773  vi. 
Chauvelin,  Mor.  de,  Garde  des  Sceaux,  294, 

294i. 
Checkley,  Samuel,  Town  Clerk  of  Boston, 

document  signed  by,  429. 
Chester,  Robert,  letter  to,  58. 
Cholmunly,  Charles,  letter  to,  933. 
Chubb,  John,  285. 
Churchill,  Armitstead,  Councillor, Virginia, 

nomination  as,  641. 
Churchy,  — ,  grant  to,  115. 
Clarke,  George,  Secretary  of  New  York,  827. 

,  .  .  .  . ,  re-appointment  of,  73. 

,  Joanna,  petition  of.  370. 

,  Samuel,  608. 

,  . . .  .,  widow  of,  911. 


Claxton,  Edward,  dejxwition  of,  28. 
Clayton,  John,  Attorney  General  of  Vir- 
ginia, re-appointment  of,  82. 
Cleland,  Clealand,  William,  Capt.,  233  i, 

10611. 

Clement,  Thomas,  280. 
Clifford,  Jeronimy,  complaints  of,  374. 

,  . . . . ,  claims  of,  374  i-v. 

Coalsea,  William,  Lieut.,  R.N.,  708  i,  725. 
Cobham,  John,  document  signed  by,  6, 

6  i. 
Cochrain,  Archibald,  document  signed  by, 

1035  i. 
Cockburn,  John,  a  Lord  Commissioner  of 

the    Admiralty,    document    signed 

by,  50  i,  444  i. 
Cockburne,  Archibald,   document  signed 

by,  494  i,  n. 
Cockran,  Archibald,  Councillor,  Antigua, 

158. 

Cocks,  — ,  document  signed  by,  102. 
Code,  — ,  2. 
Codrington,      Sir     William,      Councillor, 

Antigua,  absentee,  70. 

, ,  letter  from,  92. 

Golden,     Cadwalader,     Councillor,     New 

York,    document    signed  by,    827 

xm. 
Coleman,  — ,  [?Francis,  Clerk  of  the  Crown 

and  Peace,  Jamaica],  affair  of,  101, 

119,  343,  452,  558. 

, ,  Deputy  of,  369. 

Colleton,  Sir  John,  son  of,  115. 

,  James,     a    Lord    Proprietor    of 

Carolina,     document     signed     by, 

95,  115,  130,  130 1. 
Collins,  Lt.,  deceased,  187. 
Combes,  J.,  document  signed  by,  773  vi. 
Commons,  House  of,  petition  to,  concern- 
ing tobacco  from  Virginia,  262. 

.Order  of,  610,  617. 

Conejo,  Admiral,  605. 
Congreve,  Charles,  Lieut.,  523. 
Connecticut,  timber  in,   156 1,  267,  286, 

892  I. 

,  Governor  and  Company  of,   In- 
structions to,  267,  286,  287,  289. 

.Charter  of,  828. 

Conseillere,    Consilier,    Benjamin    de    la, 

Councillor  and  Receiver  General, 

S.  Carolina,  807  v. 
,  . . . . ,  document   signed   by,    146, 

200  iv,  568,  807  n. 
Cooke,  Cook,  Elisha,  Dr.,  285,  638,  670 1, 

892 1,  929,  932,  1018,  1019,  1045, 

1049. 

,  . . . .,  Assembly  led  by,  571  I. 

Cope,    Henry,    Major,    Councillor,    Nov.* 

Scotia,  994. 

,  letter  from,  994  m. 

Copes,  — ,  862. 


598 


INDEX. 


Corani,  Thomas,  Capt.,  705,  948,  1005. 

,  . . . . ,  memorial  of,  285,  300. 

, ,  letter  from,  694,  963,  997. 

,  . . . . ,  petition  of,  1036  i. 

Corbin,  Gowen,  788. 

,  Thomas,  641,  788. 

Cord,  ship,  277. 
Corner,  John,  389. 

,  Michael,  letter  to,  667  ill. 

Corny,  John,  917  v. 
Cosby,  Major,  440  i. 
,  . . . . ,  Lt.  Governor  of  Garrison, 

Annapolis        Royal,        complaint 

against,  789,  789  I. 
Cossart.     See  Cassart. 
Cotton,  John,  702  i. 
Coulthred,  William,  document  signed  by, 

518i. 
Courtland,  Philip,  Councillor,  New  York, 

recommended  for,  798,  800,  859. 
Cox,  Samuel,  late  President  of  Council, 

Barbados,  20. 

,—,  letter  to,  488. 

Craven,    Lord,    a    Lord    Proprietor    of 

Carolina,  document  signed  by,  95, 

115,  130,  130 1. 
,  . . . . ,  surrender     of    interest     in 

Carolina,  by,  142. 
,  Charles,  late  Governor,  IS.  Carolina 

396. 

,.  present  to,  130  i. 

, ,  letter  from,  603,  603  I. 

Croft,  John,  Capt.,  807  v. 
Crooke,  Elizabeth,  case  of,  28. 

,  Clement,  case  of,  28. 

Crosley,  Nathan,   depositions  of,    116m, 

IV. 

Crosse,  William,  petition  of,  646. 

,  . . . .,  document  signed  by,  1016. 

Crow,  Crowe,  — ,  390,  390  n,  m. 

Cuba,  St.  Jago,  privateers  from,  196. 

Culpeper,  Lord,  grant  to  (1688),  796. 

Curfen,  — ,  384. 

Curphy,  Curphey,  Rev.  Thomas,  Chaplain 
to  the  Garrison,  Bahama  1.,  383, 
408 1. 

, ,  letter  from,  326  i,  329,  358 

n,  in,  377,  408 1. 

Gust,  Savile,  Secretary  and  Clerk  of  the 
Crown,  L.I.,  petition  of,  91. 

Customs,  H.M.  Commissioners  of,  Instruc- 
tions by,  818,  818,  i,  n. 

, ,  letter  from,  661 1. 

Secretary  of.  See  Carkesse, 

C. 


D. 


Dam,  Rip  van,  certificate  signed  by,  307 

in. 
Dandridge,  William,  Councillor,  Virginia, 

Commissioner  to  settle  boundaries 

between  Virginia  and  N.  Carolina, 

45,  261,  641. 
,  . . . .,  document    signed    by,    261 

m,  641  vn. 

Dartmouth,  Mayor  of,  letter  to,  461. 
Davers,  Thomas,  530 1. 
,  . . . .,  Councillor,    Barbados,    765, 

805,  861. 

,  — .  Capt.,  R.N.,  1028,  1053. 

, letter  from,  1034  I,  n,  1053 

IV,   V. 

Davis,  Thomas,  deposition  of,  28. 

,  Elias,   document   signed   by,   917 

n. 
Dawson,  Richard,  murder  of,  281. 

,  Alexander,  prisoner,  281. 

Deal  Castle,  H.M.S.,  775. 
Degrave,  John,  warrant  to,  959  v. 
Decker,  Matthew,  document  signed   by, 

352  in. 
Delafaye,  Charles,  Secretary  to  the  Lords 

Justices  and  Lord  Townshend,  89, 

541,  831,  946. 
, .letter  to,  38,  125,  222,  295, 

323,  352,  352  i,  392,  431,  497,  520, 

547,  563,  565,  589,  676,  678,  800, 

822,  830,  859,  891,  942,  992. 

,  . . .  .,  memorandum  by,  1055. 

,  . . . . ,  Agent  for  Jamaica,  950. 

,  letter  to,   391,   744 1,  951. 

,  . . . . ,  . . . . ,  petition  of,  744. 

De  la  Fontaine,  Benjamin,  letter  from, 

435. 
De    Lancey,    James,      Councillor     N.Y., 

recommended  for,  221-224,  463. 

, ,  appointed,  473,  493. 

Delaware  River,  map  of,  sent,  226. 

Dench,  Roger,  warrant  to,  959  v. 

Derm,  John,  case  of,  28. 

Destouches,  Sieur,  memorial  of,  194. 

Devon,  Charles,  Capt.,  284. 

Diggs,  Thomas,  Lt.  Governor,  Montserrat, 

Commission  for,  703. 
Disease,  venereal,  remedy  for,  796,  797. 
Docminique,  — ,  465. 

Doleman,  Thomas,  Capt.,  petition  of,  419. 
Dolphin,  ship,  capture  of,  324,  324  I,  n, 

450  n,  m. 

,  sloop,  796. 

H.M.S.,  10341,  1053. 

Dominico,  French  at,   34,    664,    1034  n, 

1053. 
,  Indians,  34. 


INDEX. 


599 


Donovan,  Donavan,  Timothy,  letter  from,  Dun  bar,  David — cmitd. 

]_7<),  179  i,  n,  iv,  327  I,  m-v,  596,  , ,  Proclamation  by,  1018  i. 

596  i.  ,  Charles,  Councillor,  Antigua,  pro- 

, ,  prosecution  of,  327.  posed  for,  406  i. 

,  .  . .  . ,  complaint  of,  338.  ,  Jeremy  or  Jeremiah,  letter  from, 

, ,noli  prosequi  for,  349,  924,  483,    516,    546  i,    547  I,    563,    564, 

955,  956.  564  i,  638,  892  i. 

, ,  opinion  on,  366.  ,  letter  to,   547  n,   in,   930, 

, ,  grant     of,     recom-  973,  974,  974  i. 

mended,  375  I.  , ,  memorial  of,  627  n. 

,  .  . .  . ,  dispute  of,  with  Assembly  ,  . . . . ,  proceedings  of,  670  I,  n. 

of  Jamaica,  596.  ,  Mary,  letter  from,  892. 

Dottin,  Joseph,  530  i.  Dungan,  Col.  (Lord  Limerick),  285. 
Douglas,  — ,  561  i.  Dunkirk,  H.M.S.,  43. 
,  John,  Councillor,  (St.  Christopher,  Dunovant,  Daniel,  807  v. 

809,  809  i  (6),  908.  Dunstan,  — ,  871. 

Downes,  — ,  Col.,  Storekeeper,  Barbados,  Duport,  Stephen,  case  of,  28. 

389.  ,  . . . . ,  Agent    of  St.    Christopher, 

,John,  document  signed  by,   773  correspondence        with        (1708), 

vi.  quoted,  561 1. 

Dragon,  schooner,  seizure  of,  789  u.  Durham,   David,   Major,   Commander  of 
Drake,  William,  807  v.  Fort   Moore,    journal   and    corres- 

,  Jonathan,  Col.,  807  v.  pondence  of,  281  n. 

Drummer,  — ,  letter  endorsed  by,  295.  Durley,  — ,  871. 

Dry,  William,  Capt.,  807  v.  Durousseau,    Samuel,    Col.,    storekeeper, 

Drysdale,   Hugh,  Lt.  Governor,   Virginia,  Barbados,  389,  657  n. 

446.  Dutch  West  India  Company,    Directors 

,  . . . .,  Act  passed  by,  241.  of,  correspondence  of,  1059,  1067. 

,  Major,  869. 

Dudley,  Joseph,  late  Governor  Massachu- 
setts Bay,  Proclamation  by,  539. 

Duffey,  Willoughby,  508.  E. 

Dummer,   William,   Lt.  Governor,   Mass. 

Bay,  1019,  1057.  Eagle,  brigantine,  390. 
,  .  . . . ,  letter  from,   104,  745,  904,  Earle,  G.,  document  signed  by,  352  m. 

905,    925,   926,    1042,    1042   i-iu,  Eden,  Charles,  Lt.  Governor  of  N.  Caro- 

1043,  1044.  lina,  estate  of,  871. 

,  .  . . .,  letter  to,  1042  n,  iv.  Edwards,  John,  murder  of,  281. 

,  . . .  .,  Speech  of,  925.  Elizabeth,  snow,  capture  of,  419. 

,  .  . . . ,  Instructions  for,  969,  969  n.  Elliot,  John,  petition  of,  report  on,  214. 

Dunbar,  David,  Col.,  Surveyor  General  of  ,....,....,  referred,  275. 

H.M.    Woods    in    America,    631 1,  Endeavour,  sloop,  34 1. 

704,  705,  754,  755,  948,  975,  986,  Espigued     (Espiguett),     Vice     King     of 

1005,  1042.  Penobscots,  1045,  1049. 
,  . . .  . ,  letter  from,    33,    108,    359,  ,  document  signed  by,  1045  I. 

546,  547,  560,  563,  564,  589,  627,  Essequibo,  1059. 

630,  662,  694,  695,  710,  753,  929,  Estrees,  Estree,  Marechal  d',  2. 

932,  1018,  1019,  1042  n,  iv,  1049.  , ,  grant    to,    (1720,)  of    Sta. 

, ,  letter    to,    483,    516,    517,  Lucia,  1053. 

546  i,  547  i,  iv,  v,  627  i,  in,   638,  Estridge,  Benjamin,  case  of,  28. 

670  i,  u,  71 1,  768,  855  n,  m,  892  i,  ,  Joseph,  Councillor,  St.  Christopher, 

1042  i,  ill,  1045  i.  28,  561 1,  n,  713,  908. 

. . . .,  .  . .  .,  meeting         with         Indians,  ,  . . . .,  letter  from,  561,  561 1,  m. 

1042  i.  Etree,  d'.     See  Estrees  d'. 

, ,  appointment  of,  234  I.  Everard,  Sir  Richard,  Lt.  Governor,  N. 

, ,  Instructions  to,  234  I,  365  I,  Carolina,  grant  to,  115. 

m.  , ,  letter  from,  184,  781,  857  I. 

,  . . . .,  salary  of,  365  iv.  , charges    against,    515,    515 

, memorial     of,     628 1,     630,  iv,  811,  813,  871,  893,  941,  999, 

631  i.                                                                        1038. 
report  upon,  referred,  665.  , ,  correspondence  of,  515 1. 


600 


INDEX. 


Everard,  Sir  Richard— c 

,  .  .  .  . ,  calumnies   against,   alleged, 

544. 

, ,  Order  by,  573,  772. 

, ,  Speech  of,  581  i. 

,  .  . .  . ,  disputes  of,  968. 

,  Lady,  grant  to,  115. 

Ewing,    Joshua,    document    signed    by, 

518  iv. 

Exeter,  Mayor  of,  letter  to,  46 1. 
Experiment,  H.M.S.,  166. 
Eyles,  John,  document  signed  by,  352  in. 
Joseph,     document     signed     by, 

352  m. 


F. 


Fairfax,  William,  Secretary,  Bahamas, 
document  signed  by,  llOv. 

,  .  . .  . ,  Deputy  Receiver  of  Admir- 
alty dues,  petition  of,  476  I. 

,  .  . . . ,  Clerk  of  the  Council, 

Bahamas,  document  signed  by, 
476  i. 

,  — ,  Naval  Officer,  Bahamas,  920 1. 

Fane,  Francis,  letter,  reference  to,  9,  10, 
56,  100,  140,  157,  182,  192,  202, 
235,  311,  337,  339,  416,  421,  458, 
460,  521,  522,  531,  552,  597,  599, 
606,  624,  696,  715,  717,  722,  739, 
741,  746,  758,  771,  784-786,  825, 
826,  828,  842,  971. 

, .opinion  of,  170,  231,  232, 

235,  236,  237,  422,  510,  524,  549, 
550,  569,  586,  612-614,  650,  712, 
763,  832-834,  848,  849,  851,  976, 
1068. 

,  .  .  .  . ,  document  signed  by,  12, 

17,  352  in. 

.Thomas,  Earl  of  Westmorland, 

380,  565,  702  i. 

Faneuill,  Andrew,  279. 

Faro  Merchant,  ship,  capture  of,  282. 

Farrer,  Farrar,  William  and  Thomas,  241, 
531,  550,  600,  732. 

Feild,  Thomas,  657  VHI. 

Fercharson,  J.,  document  signed  by,  6, 
6 1. 

Ferguson,  David,  281. 

Ferral,  — ,  Councillor,  Bahamas,  death 
of,  701 1. 

Fitch,  Thomas,  279. 

,  Tobias,  807  v. 

,  Joseph,  807  v. 

Fitter,  James,  document  signed  by,  1035  I. 

Fitzwilliam,  Fitzwilliams,  Richard,  Coun- 
cillor, Virginia,  S.  Carolina  and 
Jamaica,  594,  642,  645,  788. 


Fitzwilliam,  Fitzwilliams,  Rifhard — contd. 
,  .  .  .  . ,  Commissioner  to  settle   the 

boundaries   between   Virginia   and 

N.  Carolina,  45,  261,  641. 

,  .  .  .  . ,  document  signed  by,  261  in. 

,  .  .  .  . ,  Surveyor   General   of  H.M. 

Customs  in  the   Southern  district 

of  America,  594,  645. 

, ,  petition  of,  587,  788. 

, ,  letter  from,  920  i. 

,  .  .  .  . ,  claim  of,   to  sit  as  Judge, 

641,  788. 

Fleet,  Thomas,  838  i,  1018  n,  1044  i. 
Fleming,    Gilbert,    Councillor,    St.    Chris- 
topher, proposed,  809. 
Floyer,  John,  Clerk  of  the  Navy  Office 

in  the  L.I.,  re-appointment  of,  77. 
Forbes,     Alexander,     Provost     Marshal, 

Jamaica,  Councillor,  205,  342,  369, 

392,  462,  469,  500,  503,  507,  533, 

744. 

, , ,  letter  from,  312, 1053 1. 

, , ,  death  of,  972. 

, — ,  Col.,     Deputy     Registrar     in 

Chancery,  Barbados,  389. 
,  .  . .  . ,  .  .  .  . ,      late        Storekeeper, 

Barbados,  390. 
,  George,   Lord,    Governor,     L.I., 

appointment  of,  890,  1026. 
,  .  . .  . ,  .  .  . . ,  Commission  for,  1003 1, 

1021. 
,  .  .  .  . ,  .  . .  . ,  .  .  .  . ,   withdrawal    of, 

1003  i. 
Foster,  Francis,  Councillor,  N.  Carolina, 

document  signed  by,  515  iv. 

,Col.,  895. 

Fowler,  Christopher,  389. 

Fox,  H.M.S.,  196. 

Foxon,  Thomas,  Col.,  estate  of,  535. 

France   and  the   French ;     and   see  Sta. 

Lucia  ;    St.  Vincent ;    New  York  ; 

Dominico ;       Montserrat ;       New- 
foundland ;     Nova   Scotia ;     Cape 

Breton ;       Martinique  ;      Indians  ; 

S.  Carolina. 
,  Conseil    de   Marine,    letter   from, 

1053  vm. 

,  danger  from,  26,  34,  41,  312. 

,  Indians,  intermarriage  with,  390. 

,  .  . .  .,  intrigues    with,    34,    213  n, 

315,  396,  789. 

, ,  trade  with,  967  I,  980. 

,  .  .  .  . ,  .  .  .  . ,  in  Canada,  980. 

,  Sugar  Colonies,  131  i. 

,  trade  of,  34,  41,  168,  238,  1032. 

,  Treaty    of    Neutrality    with,    in 

America,   1686,  Articles  5  and  6, 

referred,  195. 

,  .  .  .  . ,  opinion  on,  230. 

,  .  . .  . ,  .  .  .  . ,  Order  upon,  238. 

, Extract  of,  230  I. 


INDEX. 


601 


France  and  the  French — contd. 

,  Windward  Isles,  Lt.  General  and 

Intendant  of,  letter  to,  1053  vm. 
Fruit  civ  and  Rebecca,  ship,  281  vn. 
Francklin,  Joseph,  document  signed  by, 

518  iv. 
,  Jonathan,   document   signed   by, 

773  vi. 
Frazer,  — ,  Councillor,     Bahamas,     death 

of,  701 1. 

Freelove,  Francis,  letter  from,  802,  1053  n. 
Freeman,  Edward,  389. 
Frere,    John,    Councillor,    Barbados,    ap- 
pointed, 297  i. 
,  . . .  . ,  Chief     Justice,     Barbados, 

Address  to,  773  rv. 
Frye,    Rowland,    document    signed    by, 

1035  I. 


G. 


Gale,  Christopher,  a  Commissioner  ap- 
pointed to  run  a  line  between  N. 
Carolina  and  Virginia,  573. 

,  . . . .,  document  signed  by,  515  I, 

n,  iv,  641  vi. 

,  . . . . ,  charge  against,  544. 

,  . . .  .,  Councillor,  N.  Carolina,  515 

IV. 

, ,  Chief  Justice,  781,  871. 

,  Edmund,  Councillor,  N.  Carolina, 

document  signed  by,  515  rv. 

,Capt.  —,373. 

Gallway,  John,  618,  844. 

Galwey,  Michael,  deposition  of,  324  I,  n. 

Gamble,  — ,  Col.,    Councillor,      Antigua, 

death  of,  127. 
Gardiner,  Col.,  395. 
Garland,     Nicholas,     complaint    against, 

179  i. 

Garnett,    John,     Councillor,     St.     Chris- 
topher, 561 1,  908. 
Garret,  — ,  of  Guadaloupe,  complaint  of, 

65,  139  i. 

Gee,  Joshua,  letter  to,  60,  481. 
George  I,  King,  in  Council,  Address  to, 

363m. 
George  II,  King,  Proclamation   of,    153, 

159,  745. 

,  prerogative  of,  714,  743,  758,  761. 

,  presents  to,  from  Indians,  396. 

,  Orders,  Commissions,  instructions, 

proclamations,  references,  warrants 

by,  concerning  Acts  of  Trade  and 

Navigation,  122  in,  iv. 
,  Antigua,     471,     472,     979, 

979  i. 
, ,  Bahama  I.,  270,  336,  478, 

501,  502. 


George  II,  King — con  til. 

, /Barbados,    124,    132,    176, 

269,  309,  314,  330,  364,  445,  922. 

, ,  Bermuda,  49,  266,  274. 

,  Carolina  S.,  499,  922,  1023. 

, Connecticut,  267. 

, ,  Jamaica,  126,  500,  503,  922, 

1020,  1021. 

, ,  Leeward  I.,  51,  139  I,  983, 

984. 

,  . . . .,  Massachusetts  Bay,  52,  123, 

135,  267,  274,  792  i,  1000-1002. 

,  .  . . . ,  New  England,  50. 

, ,New   Hampshire,    52,    123, 

135,  267,  274. 

, ,  New  Jersey,  47,  267,  274. 

, ,New   York,   48,    267,   473, 

1025. 

,  Nova  Scotia,  271,  309,  332, 

333,  447,  640. 

Plantations,  The,  133,  134, 

144  i,  273,  438,  470,  475,  982. 

, ,St.     Christopher,     90,     91, 

165,  264,  265. 

, ,  Tobago,  272. 

, ,  Virginia,  66,  67,  402,  581, 

642,  922. 

,  Addresses,      appeals,      petitions, 

representations      to,       concerning 
Antigua,  535,  616,  876  I,  907. 

,  Bahama    I.,    352  n,    408  i, 

492  i,  701  i,  1054. 

, ,  Barbados,  171 1,  215,  288, 

297  i,  314,  324  iv,  518  u,  598  i, 
773  ra. 

, ,  Bermuda,  183  i,  399,  944. 

,  Carolina,  291 1,  1056. 

,  .  . .  . ,  Carolina,  N.,  515  rv,  856  i. 

, ,  Carolina,   S.,   99,   594,   807 

m,  v,  853,  1014 1. 

,  . . .  . ,  Connecticut,  156  I. 

, ,  Jamaica,  120  I,  197  I,  310  I, 

375  i,  462,  465,  594,  706,  1012  I. 

, ,  Leeward  I.,  167  I,  1003. 

,  . . . . ,  Massachusetts,  122  n,  156  i, 

412,  582  i,  643  i,  921  i,  1022  i. 

, ,  Naval  Stores,  118. 

, ,  Nevis,  636. 

, ,  New  England,  628  I. 

,  Newfoundland,    155,    527  I. 

,  . . . . ,  New  Hampshire,  122  1, 156  i. 

,  . . .  . ,  New    Jersey,    156  i,    295  i, 

505,  537. 

,  .  . .  . ,  New  York,  156  i,  415. 

, ,Nova    Scotia,    227  I,    319  i, 

360  i,  414,  574,  631  i,  646. 

, ,  Plantations,  The,  169,  449, 

464,  513  i,  553,  1048. 

, ,  Rhode  Island,  156  I. 

, ,St.   Christopher,   69,    163  i, 

172,  308,  636. 


602 


INDEX. 


George  II,  King — cantd. 

, ,  Tobago,  131. 

,  .  . .  . ,  Trade      and      Plantations, 

Council  of,  214. 
, ,  Virginia,     46  n,     53  I,     55, 

262,  262  i,  594,  600,  637. 

,  ....,  Woods,  118. 

George,    Paul,    Capt.,    Lt.    Governor    of 

Montserrat,  65. 

,  .  . .  .,  application  of,  31. 

,  .  . .  . ,  document  signed  by,  31. 

, ,  death  of,  397. 

GEORGIA,  new  Province   of  (now  Maine), 

705,    929,    1018;    and  see    Coram, 

Thomas;  Dunbar,  David;    Hintze, 

Daniel. 

,  claims  in,  1019,  1045,  1049. 

,  Fredericksburg,  1018,  1019,  1045. 

,  Indians,   973,    1018,    1019,    1045, 

1045i,  1049. 

,Pemaquid,  929. 

,fort  at,  1019. 

,  Penobscot  River,  929  n. 

,  . . . . ,  importance  of,  997. 

,  produce  of,  1019. 

,St.    George's    River,    973,    1018, 

1019,  1045^  1045 1,  1049. 

,  settlement  of,  929,  1019,  1049. 

,  Shepscot  River,  929. 

,  waste  of  woods  in,  1019. 

German  Protestant  Refugees  (Palatines), 

settlement    of,    in    Nova    Scotia, 

proposed,  683  i,  695,  705,  948,  963, 

1005,  1018. 

,  in  Pennsylvania,  duty  on,  863. 

,in   S.    Carolina,    863,    875,    934; 

and  see,  Hintze,  D. ;   Coram,  T. 
Gerrish,  W.,  document  signed  by,  1035  i. 
,  William,   Councillor,   Montserrat, 

absence  of,  164. 
Gibbons,  John,  530  I. 

,  W.,  document  signed  by,  6,  6 1. 

Gilbert  and  Cradock,  Messrs.,  625. 
Gledhill,   Samuel,   Col.,   Lt.   Governor  of 

Placentia,  rents  charged  by,  97. 

,  .  . . . ,  grant  by,  97  i. 

,  . . . .,  recall  of,  155,  666,  725. 

,  .  .  .  . ,  claims  of,  440. 

,  . . . . ,  instructions   to,   440  i,   959 

vn. 
,  complaints     against,      487, 

527  i,  1016,  1017. 

,  .  . .  . ,  testimony  to,  646. 

Joseph,  petition  of,  646. 

Glover,  Charlesworth,  Col.,  journal,  etc., 

281  n. 
Goddard,  William,  document  signed  by, 

518  iv. 
Godfrey,  Caleb,  depositions  of,  233  iv-vi, 

1061  v. 


Godin,  Stephen,  memorandum  by,  210. 
,  .  . .  . ,  Agent  for  S.  Carolina,  807  i, 

n,  845  i,  850. 
,  .  . .  . ,  .  . .  . ,  appointment  as,  567, 

568. 

, ,  letter  from,  841,  845. 

,  . . .  . ,  document  signed  by,  847  I, 

867. 

Goheir,  — ,  384. 
Gommersell,    Col.,    Councillor,    Jamaica, 

342,  392. 
,  . . . . ,  dormant     commission     for, 

intended,  533. 
Gooch,  William,  Lt.  Governor,  Virginia, 

letter  from,  45,  46,  53,  241,  261, 

262,   351  m,   372,   446,   611,   641, 

641  i,  719,   769,  796,   797,  854  n, 

897. 

,  .....letter  to,  740,  788. 

,  . . . . ,  address  to,  46  i. 

,  .  . .  .,  proclamation  by,   174,  351, 

261  n,  796  ni. 

,  . . . . ,  instructions  to,  532. 

,  . . . . ,  . . . . ,  disobedience  to,   190, 

351. 
,  . . . .,  gifts  to,  241,  262,  351,  532, 

718,  740. 

,  . . . . ,  correspondence  of,  515  i. 

,  . . . . ,  document    signed    by,    796 

i,  n. 

,  Major,  869. 

Gordon,  James,  case  of,  28. 

,  George,  Captain,  R.N.,  document 

signed  by,  38. 

,  William,  Rev.,  claim  of,  328. 

,  P.,  Lt.  Governor,  Pennsylvania, 

case  of,  534. 

, .letter  to,  672. 

Goudet,    Peter,    Treasurer   of   Bahamas, 

Accounts    signed    and    sworn    to, 

110  iv,  623  n. 
,  . . . . ,  Agent     for     the     Bahama 

Society,  complaint  against,  476 1. 
Gould,  John,  document  signed  by,  352 

m. 

,  Nathaniel,  letter  from,  992. 

Govan,  John,  276. 

,  document  signed  by,  276  i,  11. 

Gray,  John  and  William,  imprisoned  by 

Spaniards,  281. 

Grayson,  Thomas,  deposition  of,  917  rv. 
Greathead,  Greatheed,  Chief  Justice,  St. 

Christopher,  appointment  and  re- 
moval   of,    protests    against,    28, 

42,  318. 
,....,  alleged  bribery  of,  28,   35, 

36. 

,  John,  case  of,  28. 

,  .  . .  . ,  document  signed  by,  28. 

,  .  .  .  . ,  Councillor,  St.  Christopher, 

proposed,  809  i. 


INDEX. 


fiO.'i 


Greenwich,  Royal  Hospital,  collection  for, 

982,  982  i,  1048i. 

Gregery,  — ,  Councillor,   Jamaica,    392. 
Gregory,    George,    document   signed    by, 

352m. 

Gribble,  Philip,  411. 
Griffer,    John,    Clerk    of   Assembly,    St. 

Christopher,  affidavit  of,  117  iv. 
Griffith,  John,  document  signed  by,  518 

IV. 

Grymes,  John,  Receiver  General,  Vir- 
ginia, document  signed  by,  46  m, 
261  iv,  v,  641  iv,  796  i,  n. 

Guadeloupe,  ship  seized  at,  844. 

Guardkind,  H.M.S.,  441. 

Gulston,  Ralph,  Contractor  to  the  Navy 
and  Controller  for  Masts,  303. 

,  .  . . . ,  report  of,  50. 

,  . . . . ,  letter  from,  444  in. 

, ,  licence  to,  824,  1063. 

,  . . .  . ,  contract  with,  894 1. 

Gunter,  John  Frederick,  890. 

Gunthorpe,  John,  809. 

Guy,  John  Hudson,  document  signed  by, 
559 1. 

Gyles,  John,  Indian  interpreter,  1045 1, 
1049. 

, ,  letter  from,  973,  974. 


H. 


Hacket,  Thomas,  389. 

Haggatt,     Haggot,     Othniel,    Councillor, 

Barbados,  death  of,  961. 

,  . . . . ,  junior,  530  I. 

,— ,  761. 

Hales,   Robert,  Clerk  of  Privy  Council, 

document  signed  bv,   15,   16,  22, 

23. 
Haley,  Thomas,  letter  from,  547  v,  627  I, 

627m,  670  i,  855  n. 

,  — ,  564i. 

Halsey,   Edmund,   document  signed   by, 

352m. 

Hamilton,  — ,  25. 
,  John,  Lord  Belhaven  and  Stenton, 

late  Governor  of  Barbados,  29. 
George,  Earl  of  Orkney,  Governor 

of    Virginia,  instructions    for,    66, 

122  i. 

,  Otho,  Lieut.,  789  iv. 

Hammond,  — ,  letter  to,  852. 

,  — ,  Deputy  Secretary  and  Deputy 

Clerk   of  the    Council,    Barbados, 

389,  390. 

,  . . . . , absentee,  390. 

Hampton,  — ,  Capt.,  384. 
Hannay,  James,  530  I. 
Hanover,   brigantine,  384. 


Happy,  H.M.S.,  965. 

Harper,  — ,  393. 

Harris,  John,  deposition  of,  116v. 

,  Richard,  letter  from,  371. 

,  .  . . . ,  document  signed  by,  1035  I. 

,  R.,  document  signed  by,  680  in. 

Harrison,       Nathaniel,       Col.,       Deputy 

Auditor,  Virginia,  45. 

, ,  death  of,  55,  67. 

,  Ed.,  document  signed  by,  352  in. 

,  E.,    Postmaster    General,    letter 

from,  575. 
,  Henry,  Col.,  Councillor,  Virginia, 

proposed,  641. 
Hart,  John,  Col.,  Governor,  Leeward  I., 

3,  139  i. 
,  . . . . ,  Commission,  revocation  of, 

11  n. 
,....,  document    signed    by,    13, 

352m. 
,  Act  settling  £2,000  on,  re- 

peal  of,  24,  157,  264,  320. 

,  .  . . . ,  resignation,  24. 

,  salary,  51,  320,  320  i,  n,  v. 

, letter  from,  62,  65,  698,  821. 

,  . . . . ,  reconciliation       with      Lt. 

General  Mathew,  116i. 

, ,  petition  of,  165  i,  172. 

,  Charles,    Secretary    S.    Carolina, 

document    signed     by,     200 1,  m, 

281 1. 
, Councillor,         S.    Carolina, 

document  signed  by,  568,  807  n. 

,  — ,  condemnation    of,     358  iv. 

Harvey,  Thomas,  Councillor,  N.  Carolina, 

document  signed  by,  515 IV. 
Hasell,  James,  530 1. 
Haukshaw,  Richard,  deposition  by,  28. 
Havana,   Governor  of.     See  Viga,  D.  M. 

de  la. 

Hawling,  Samuel,  276. 
Hayes,    Thomas,    document    signed    by, 

518  iv. 
Hayward,  Thomas,  Clerk  of  the  Markets, 

Barbados,  appointed,  709. 
Heath,  Sir  Robert,  grant  to,  291 1. 

,—,540. 

Heathcote,  Gilbert,  document  signed  by, 

352m. 
Helden,  — ,  Councillor,    St.     Christopher, 

561 1. 
Henderson,  Alexander,  Attorney  General, 

Jamaica,  re-appointed,  74,  78. 

,  . . . .,  patent  of,  renewed,  102. 

,  complaint  exhibited  by,  179 

i. 

,  — ,  Councillor,  Jamaica,  950,  972. 

Hepworth,  Thomas,  late  Chief  Justice  of 

S.  Carolina,  150. 
Herring,    Henry,    document    signed    by, 

362  m.. ' 


604 


INDEX. 


Hewlett,  John,  document  signed  by,  867. 

Hickman,  Dr.,  Bishop  of  Londonderry, 
630. 

Hide,  — ,  Capt.,  358  n. 

Hill,  Col.,  991. 

Hintze,  Hintz,  Daniel,  letter  from,  08:). 

, ,  proposal  of,  683  i,  695,  705, 

948,  1005,  1018. 

Hispaniola,     See  St.  Domingo. 

Hodgson,  — ,  grant  to,  115. 

Holby,  Charles,  952  i. 

Holder,  John,  530  I. 

Holland,  logwood,  exported  to,  39. 

,  part  of  Maryland  abandoned  to, 

285. 

,  Earl  of.     See  Rich,  Henry. 

Holloway,  John,  Speaker,  Virginia,  docu- 
ment signed  by,  262  I. 

Holmes,  T.,  document  signed  by,  106. 

Hooper,  Robert  Lettice,  Chief  Justice, 
New  Jersey,  appointed,  87. 

Hope,  John,  Col.,  Lt.  Governor,  Bermuda, 
49,  203,  457. 

Hopkey,  W.,  Capt.  and  Gunner,  159. 

Hopkins,  Capt.,  827  vi. 

Hopson,  Hopton,  Admiral,  24,  43,  101, 
119,  199. 

,  death  of,  196,  197. 

Hore,  Will,  document  certified  by,  1062. 

Horridge,  Henry,  petition  of,  874  I. 

Horsey,  Samuel,  Col.,  grant  to,  115. 

,  . . . . ,  Governor  of  Carolina,  pro- 
posed, 142. 

,  case  of,  702  i. 

,  letter  from,  702. 

Horsrnanden,  Daniel,  letter  from,  852. 

Hosier,  Admiral,  38,  179. 

,  correspondence,  of,  179  n,  327  in. 

,  squadron  of,  281  vm. 

Hothwell,  Burch,  530 1. 

Howell,  John,  Lieut.,  358  iv. 

Hudson,  R.,  map  of,  226. 

Hughes,  Edward,  Judge  Advocate, 
Bahama  I.,  letter  from,  326,  358 

IV. 

, ,  letter  to,  326  i,  358  m, 

383  i. 

Hunt,  John,  Capt.,  document  signed  by, 
281  xiv. 

Hunter,  Robert,  Major  General,  Governor, 
Jamaica,  1,  24. 

, ,  letter  from,  43,  44,  101,  119, 

185,  186,  196-199,  205,  212,  239, 
240,  301,  321  i,  342-346 1,  369, 
370, 391, 392, 452, 455, 456, 554-559, 
591,  601,  605,  621,  689,  690,  744  i. 
830,  831,  835,  836,  895,  896,  950, 
951,  951  n,  952-954,  968,  968  i, 
972,  1069. 


Hunter,  Robert— con td. 

, ,  letter  to,  189,  394,  469,  533, 

584,  590,  602,  604,  619,  751,  780, 
814,  900,  901,  946,  952  I,  955-957. 

,  .  .  .  .,  instructions  to,  310  n,  448, 

609. 

, ,  speech  of,  344,  344  i,  835  I. 

,  . . .  . ,  successor  to,  dormant  com- 
mission for,  533. 

,  .  . .  . ,  grant  to,  by  Assembly,  586, 

706. 

,  .  .  .  . ,  paper  by,  concerning  Chan- 
cery Court,  827  m. 

Hutchinson,  Hutcheson,  Archibald,  a 
Lord  Proprietor  of  Carolina,  702  I. 

,  . . .  .,  petition  signed  by,  95.  130, 

130 1. 

, ,  title  of,  341. 

,  John,  murder  of,  281. 

Hyde,  John,  memorial  of,  292. 


I. 


Indians.     See  under   Separate   Colonies ; 

Canada  ;    Coram,  Thomas  ;    Dun- 
bar,  David ;  Georgia ;  Gyles,  John ; 

Savy,  John. 

,  Canada,  974,  1019. 

, ,  trade  with,  980. 

,  Casawbas,  281. 

,Catawbas,  396. 

,  Cherokee,  296,  656. 

,  .  . .  . ,  presents    from,    396,    656, 

1037. 

,  Chicksaws,  396. 

,  Creeks,  281,  396. 

,  .  .  .  . ,  correspondence   concerning, 

281  n. 

,  .  . .  . ,  expedition  against,  807  v. 

,  .  . .  . ,  murders  by,  807  v. 

,  danger  from,  at  Casco  Bay,  444 

m. 

,  in  Nova  Scotia,  631 1,  963. 

,  Eastern,  213  n,  746. 

,  .  . .  . ,  meeting  with,   1042  I. 

,  expedition    against,    in    Carolina 

South,  281,  281  i-iv,  xiv,  807  v. 

,  fear  of,  at  Casco  Bay,  444  m. 

,  French  intermarriage  with,  390. 

,  French  intrigues  with,  34,  213  n, 

315,  396,  789,  1034 1. 

,  French  trade  with,  967  i. 

,  fur  trade,  890,  967  i,  1025  ;    and 

see    New    York,    Acts    concerning 

trade  with  Oswego. 
,  hostile,    in    New    England,    25, 

628  i. 

,  ill  treatment  of,  997. 

,  incited  by  French,  1034  I. 


INDEX. 


Indians — contd. 

,  intermarriage    with,    encouraged, 

631  I. 

,  lands  of,  932. 

, ,  deeds  of,  932,  1018,  1019. 

,  in  Mass.  Bay,  discontent  of,  1042. 

,  Mosquito,  952. 

, ,  affairs  of,  952  I. 

,  . . .  .,  Peter,  King  of,  letter  from, 

952  i. 

,  Norridgewack,  1019. 

,  Nottaway    and    Saponies,    feuds 

between,  641,  788. 

,  Penobscot,  973,  1019. 

, ,  Chiefs  of,  973. 

,  . . .  . ,  .  . . . ,  letter      from,      974  i, 

1045,  1045  i,  1049  i. 

,  .....  Peace  Treaty  with,   1045  i. 

,  queries  concerning,  to  Governors, 

1011. 

,  Saponies,  murders  by,  796. 

,  Spanish  intrigues  with,  281,  281  x, 

xn  (a)  (b)  (c). 

,  trade  with,  976  I,  980,  1042. 

,  .  .  .  . ,  at  Oswego,  976. 

,  Treaty  with,  1042. 

,  . . .  . ,  apprehensions     concerning, 

1042. 

,  Tributary,  45,  641. 

,  Western,  213  n. 

,  Yamasee,  281. 

,  .  . . .,  expedition   against,   281  iv, 

xrv. 

,  .  . .  . ,  murders  by,  807  v. 

Innes,  — ,  384. 

Irvine,  Alexander,  document    signed    by, 

641  v. 
Izard,     Isard,     Richard,     Councillor,     S. 

Carolina,     document     signed     by, 

568,  807  n.  v. 


J. 


Jackson,  Cuthbert,  letter  from,  384,  407. 

JAMAICA,  Act  for  granting  a  revenue  to 
H.M.  far  the  support  of  the  Govern- 
ment etc.,  196. 

,  .  . . . ,  notification  of  duties  under, 

327  n. 

,  .  . . . ,  exemption  of  naval  stores 

from,  recommended,  327,  375  i. 

,  .  . .  . ,  referred,  609. 

,  . . .  . ,  opinion  on,  634. 

,  . . . . ,  confirmed,  733. 

,  . . .  . ,  for  raising  several  sums  of 

money  and  applying  the  same  to 
several  uses,  196, 


JAMAICA — contd. 
Act — contd. 

,  to  oblige  the  several  in- 
habitants to  provide  themselves  with 
a  sufficient  mumber  of  white  people 
etc.,  and  for  repairing  the  uvtll  of 
Port  Roi/al,  196,  706. 

, ,  referred,  609. 

,  .  . . . ,  .  . . . ,  opinion  on,  634. 

,  . . . . ,  .  . . . ,  confirmed,  735. 

,  . . . . ,  for  raising  a  tax  by  the  poll 

and  on  trades,  196,  706. 

,  .  . .  . ,  .  . . . ,  opinion  on,  586. 

,  .  . . . ,  .  . .  . ,  confirmed,  734. 

,...., for   the   more   effectual   and 

speedy  collecting  of  the  debts  of  the 
island,  196,  895. 

,  . . .  . ,  for  the  reviving  and  con- 
tinuing of  process  and  to  prevent 
disputes  at  law  concerning  the 
registering  of  deeds  etc.,  196. 

,  to  enable  such   Parishes  as 

have  not  chosen  their  officers  nor 
paid  their  taxes  to  do  the  same  etc., 
196. 

,  . . . . ,  for   encouraging   the   speedy 

settling  of  Pero  or  Pera  plantations, 
petition  for  confirmation  of,  328. 

,  ...  .,for  making  the  goods  of  the 

country  lawful  tender  for  the  pay- 
ment of  debts,  344-346. 

, ,  . . . . ,  passed,  344  m. 

,  . . . . ,  objections  to,  344  iv- 

VI. 

, ,  arguments     for,     344 

vn. 
,  . . . . ,  for    establishing    the    public 

credit,  344. 

,  . . .  . ,  Revenue,  533. 

,  . . . .,  . . . .,  publication  of,  179  in. 

,  . . .  . ,  duties  laid  by,  327  n. 

, , ,  referred,  337. 

, recommended,   706. 

,  . . . . ,  for      securing      the   Island 

against    any    attempts    by   foreign 

enemies  etc.,  619. 
, ,for  settling  the  N.E.  part  of 

the  Island,  866  I. 
,  . . . . ,  to   enlarge  the   time  for  the 

better    raising    and    collecting    the 

deficiency    and    pott    tax    in    such 

parishes  as  have  omitted  doing  the 

same,  895. 
,  . . . . ,  to  prevent  dangers  that  may 

arise  from  Papists,  895. 
,  1721,  to  encourage  the  N.E. 

part  of  this  island,  1012. 
,  (explanatory)  for  the  further 

encouraging  the  settling  the  parish 

of  Portland,  1726,  1012  I, 


606 


INDEX. 


JAMA  ICA — contd. 

Act — contd. 
,  .  . .  . ,  for    the    better    carrying    on 

the  new  settlement  at  Port  Antonio, 

1012  i. 

, , ,  referred,  1020. 

,  Acts,  list  of,  185  i. 

six,  referred,  339,  715. 

, , ,  opinion  on,  569,  800  i. 

,  Agent  for.     See  Delahaye,  C. 

,  Assembly,  Minutes  of,  196. 

, ,  address  by,  196,  197  i,  344 

n. 

,  . . .  . ,  prorogation  of,  344,  455. 

, .Journals  of,  370,  619. 

, ,  letter  to,  596  i. 

,  . . . . ,  differences  of,  with  Council, 

369. 

,  . . . . ,  good  disposition  of,  533. 

,  .  . .  .,  Acts  passed  by,  591. 

.Attorney  Genera).     See  Hender- 
son, A. 
,  Chancery   Court   and   Patents, 

Registrar  of.     See  Windham,  T. 

,  Chief  Justice.     See  Pennant. 

,  Council,    Minutes    of,    196,    370, 

554 1,  557  i,  619,  689,  690  m,  951  i. 

,  . . .  ..Address  by,  196,  197  i. 

,  . . . . ,  Speaker  of.     See  Beckford, 

T. 

, Clerk  of.     See  Maxwell,  J. 

,  . . . . ,  quorum,  difficulty  of  making 

a,  744,  950,  972. 
,  Councillor.      See       Pusy,       W. ; 

Forbes,    A.  ;      Gommersell,    Col.  ; 

Swymmer,  A.  ;    Campbell,  Stout ; 

Charlton,     E.  ;      Needham,     W.  ; 

Gregery  ;    Fitzwilliam,  R. ;    Hen- 
derson ;    Lawes,  J. 
,  Council  of  War,  minutes  of,  554  n, 

557  in,  689 1,  690  i,  895  i,  951  i. 
, ,  Instructions  to,  689  n,  690 


. ,  current  accounts,  301. 

..defence  of,  554,  557,  557  i,  591, 
619,  689,  690,  706,  780,  814,  830, 
835,  836,  866  i,  896,  1055. 

. ,  Engineer.     See  Lilly,  Col. 

. ,  fortifications,  accounts  of,  301. 

. ,  Governor.     See  Hunter,  R . 

.',  . . . . ,  late.     See  Lawes,  N. 

. ,  imposts,  accounts  of,  301. 

. ,  [Independent]  Companies,  com- 
missions in,  556. 

. ,  Indians,  952,  952  I. 

. ,  Irish  in,  830,  835,  895. 

. ,  Kingston,  merchants,  petition  of, 
344  v. 

. ,  Lynches  Island,  description  of, 
835, 


JAMAICA — contd. 

Lynches  Island — contd. 
,  .  . .  . ,  purchase  of,  for  Navy,  864  I, 

900,  950. 
,  merchants    trading    to,     petition 

of,  776,  780. 

,  militia,  state  of,  555,  556. 

,  negroes,  importation  of,  1. 

,  Port    Antonio,    settlement    and 

harbours   at,   344,   452,   455,   554, 

557,  830,  835,  836,  968,  1013. 
, ,  Fort  George  at,   835,   836, 

896,  1069. 
,  Port  Royal,  Naval  Squadron  at, 

38. 

,  privateers  at,  455. 

,  Protestant  Bill,  950. 

,  Provost     Marshal.     See     Forbes, 

A. 
,  Receiver  General.   See  Lloyd,  C.  ; 

Mill,  R. 

,  .....  Accounts  of,  370. 

,  rum,  for  Navy,  179. 

, ,  importation  of,  327,  327  i- 

IV. 

,  seals,  880,  914,  915,  922,  957. 

,  use  of,  warrant  for,  915. 

,  Secretary  of.     See  Balaguier. 

,  ships,  embargo  on,  775,  776.  780, 

896,  1055. 

,  Spanish,  danger  from,  604,  689, 

780,  950,  1055. 

,  stores  of  war  and  ordnance,  554 

m,  555  i,  557  n,  659,  780. 

,  Sugar  Bill,  392,  452,  455,  469, 

533. 

Jenkins,  Thomas,  278. 

.John,  437  i. 

, ,  letter  from,  437  II. 

Jenner,  James,  Councillor,  Bahamas,  701 1. 

Jobber,  — ,  696. 

Johnson,  Edward,  J.P.,  misconduct  of,  28. 

,  . . .  . ,  letter  from,  32. 

,  Rev.  — ,  grant  to,  1 15. 

,  Robert,  Governor,  S.  Carolina, 

salary  of,  130  I,  142. 

, ,  letter  from,  216,  220,  1037. 

, ,  letter  to,  1015. 

, ,  appointment  of,  987,  1027. 

,  .....  commission  to,  1014  n,  1023. 

, ,  Col.,  letter  to,  481. 

Jolley,  Benjamin,  Admiral,  437  i  (6). 

Jolly,  sloop,  327  iv. 

Jones,  Joshua,  Councillor.  Antigua,  re- 
commended for,  406 1. 

,  John,  Councillor,  Virginia,  nomi- 
nated as,  641. 

,  John,  807  v. 

,  Watson,  Commissary  of  the 

Musters  at  Canso  and  Placentia, 
commission  as,  820, 


INDEX. 


607 


Joseph,  ship,  384. 

Jove,  Don  Antonio  Costaneo,  281  vn. 

Judge,  Joseph,  memorial  of,  278. 


K. 


Karby,  Robert,  petition  of,  559  i. 

,  pardon  of,  recommended,  559  I. 

Keeling,  Thomas,  389. 

Keen,  William,  letter  from,  411,  436,  437, 
437  i  (6),  959  n. 

,  letter  to,  437  n. 

,  Justice  of  the  Peace,  St.  Johns, 

appointed,  883. 

,  . . .  . ,  warrant  for,  959  I,  m. 

Keene,  — ,  944. 

Keith,  Sir  William,  Lt.  Governor,  Penn- 
sylvania, letter  to,  481,  847  n. 

,  letter  from,  482,  490,  847  n. 

,  memorial  of,  513  I. 

,  . . . . ,  report  upon,  514. 

,  charges  against,  534. 

,  petition  of,  537. 

,  appointment  as  Governor  of 

New  Jersey,  memorial  in  favour  of, 
538 

Kelly,  — ,  895. 

Kennedy,  William,  Provost  Marshal,  Bar- 
bados, returns  by,  667  I. 

Kilby,  Thomas,  document  signed  by, 
917  n. 

Killmiston,  ship,  276. 

King,  — ,  Receiver  General,  Admiralty, 
New  York,  instructions  relating  to, 
221. 

,  Thomas,  petition  of,  328. 

,  John,  Councillor,  Antigua,  recom- 
mended for,  406  i. 

Kinloch,  James,  Councillor,  S.  Carolina, 
document  signed  by,  146,  568, 
807  n. 

Kinsale,  H.M.S.,  166,  423  I,  437  I  (a). 

Knight,  — ,  2. 


L. 


Lake,  Sir  Bibye,  letter  from,  1051. 

Lamber,  Sir  John,  845  11. 

Lambert,    John,    document    signed    by, 

352  ra,  867. 
Lamotte,   Pr.  de,  document    signed  by, 

1035  i. 

Lane,  — ,  1038. 
Lark,  H.M.S.,  24,  619. 
Lavy,  William,  murder  of,  281, 


Lawes,  Laws,  James,  Councillor,  Jamaica, 

344,  344   vi,  619. 
,  Sir   N.,    late  Governor,  Jamaica, 

291m. 
Lee,   Thomas,   Naval   Officer,   document 

signed  by,  351  I,  v. 
,  J.  P.,  attack  on,  compensation  for, 

641,  767,  788. 

LEEWARD   ISLANDS,  THE  ;    and  see  An- 
tigua ;     Montserrat ;     Nevis ;     St. 

Christopher  ;   Virgin  Islands  ;   Sta. 

Cruz. 
,  Act  to  invest  certain  lands  in  H.M. 

for  the  iise  of  H.M.  ships  of  war, 

confirmed,  983. 
,  . . .  . ,  for  granting  £600  per  annum 

to  Governor  the  Earl  of  London- 
derry, etc.,  confirmed,  984. 
,  Attorney  General.     See  Spooner, 

J. 
,  Councillor.      See      Palmer,      J. ; 

Parsons. 
,  French    attack    of    1712,    losses 

caused  by,  65 1. 
,  Governor.        See       Hart,        J. ; 

Stewart,  T.  ;    Forbes,  Lord. 

, .salary  of,  1035,  1035  I. 

,  Lieutenant      General      of.      See 

Mathew,  William. 

,  Naval  Officer  hi.     See  Floyer,  J. 

,  Provost     Marshal,      to      act    as 

sheriff,  167,  183. 

,  Records,  M.S.,  index  to,  1058. 

,  Secretary.     See  Palmer,  J. 

,  Solicitor   General.     See   Spooner, 

J. 

Lefonds,  — ,  789  m. 
Leheup,    Peter,    Agent    of   Virginia,    53, 

351. 

Le  Mercier,  Andrew,  letter  from,  917  in. 
,  Monsieur,  Minister  of  the  French 

Church,  Boston,  994. 

, ,  letter  to,  994  ra. 

Lenoir,  John,  late  Deputy  Secretary  of 

Barbados,  390. 

,  . . . . ,  document  signed  by,  736  n. 

Leopard,  H.M.S.,  196. 

Leslie,     William,     Colonel,     storekeeper, 

Barbados,  207,  389. 

. ., ,  order  to,  207  i-iv. 

,  .  . . . ,  accounts  of,  453. 

,  . . .  . ,  Councillor,    Barbados,    657, 

765,  803,  861. 
Lesly,    Andrew,    Deputy    Naval    Officer, 

Antigua,  appointed,  655. 
Leveret,  Thomas,  grant  to,  929  n. 
Lewis,  John,  document  signed  by,  518  iv. 
, Councillor,   Virginia,   nomi- 
nated, 641, 


608 


INDEX. 


Liddell,  — ,  Councillor,    St.     Christopher, 

561  I. 
Lightfoot,  Richard,  Councillor,  Barbados, 

207. 

,  . . .  . ,  letter  from,  530. 

, ,  absentee,  657,  765,  803. 

Lillington,  George,  Councillor,  Barbados, 

330,  331. 

,  . . . . ,  appointment  of,  297  i. 

, ,  .  .  .  .,  refusal  of,  298,  314. 

Lilly,  Col.,  Engineer,  Jamaica,  455,  554, 

591,  603,  830,  835,  895. 

,  . . .  . ,  appointed,  306. 

, .salary  of,  310  n,  448. 

Lindesay,  Lyndesay,  John,  late  Governor 

of   St.    Eustatia,    escape    of,    684, 

685. 

Lindley,  Thomas,  petition  of,  386  i. 
Little,  William,  544,  573,  781. 
,  . . . . ,  document    signed    by,    515 

i,  n,  641  vi. 
,  . . . . ,  Receiver        General,        N. 

Carolina,  charge  against,  1038. 
Littleton,  T.,  a  Lord  Commissioner  of  the 

Admiralty,    document    signed    by, 

50  i. 

Liverpool,  Mayor  of,  letter  to,  461. 
Livingstone,  Philip,  Town  Clerk,  Clerk  of 

the  Peace  and  Clerk  of  the  Common 

Pleas,  Albany,  N.Y.,  and  Secretary 

or  Agent  for  the  Government  to 

the  Indians,  88. 
Lloyd,  Charles,  Receiver  General,  Jamaica, 

document  signed  by,  327  n. 

,  .  .  .  . ,  correspondence  of,  327  in. 

,  John,     application     of,     to     be 

appointed       Lt.       Governor,      S. 

Carolina,  404. 

,  — ,  871. 

London,  Bishop  of,  99. 

,  .  .  .  . ,  Commission      to      exercise 

ecclesiastical    jurisdiction    in    the 

Plantations,  warrant  for,  54. 

,  merchants,  petition  of,  680  in. 

,  .  . . . ,  memorial  of,  847  I. 

Londonderry,  Earl  of.     See  Stewart,  T. 
LORDS  JUSTICES,  THE,  in  Council,  order 

by,  concerning  Massachusetts  Bay, 

104. 

, ,  New  York,  451. 

,  Secretary  of.     See  Delafaye,  C. 

Loron    (Loren),    a    Chief    of    Penobscot 

Indians,  sent  to  Canada,  974,  1045, 

1049. 

,  document  signed  by,  1045  i. 

Losack,    James,    Deputy    Secretary,    St. 

Christopher,   deposition  of,   320  v. 
Loughton,  — ,  895. 
Lovell,    Edward,    document    signed    by, 

518  iv, 


Lovick,    Ovick,    John,    Secretary    of   N. 

Carolina,  544. 

,  .  . .  .,  letter  from,  515. 

,  .  . .  . ,  Councillor,  N. 

Carolina,     document     signed     by, 

515  i,  n,  iv,  641  vi. 
,  .  .  .  . ,  complaint       against,      573, 

773,781,  857i,  871,  1038. 

,  . . .  . ,  brother  of,   871. 

Lowe,     Joseph,     document     signed     by, 

1035 1. 

Lowndes,  Thomas,  grant  to,  1 15. 
,  letter      from,      380,     401,     565, 

603,  847,  847  n,  m,  863,  934,  1008. 

1039. 

,  letter  to,  382,  683  i,  847  n,  iv. 

,  . . .  . ,  document    signed    by,    603 

ii. 
,  .  . .  . ,  Provost   Marshal,   Clerk  of 

the    Peace    and    Crown,  Carolina, 

1039. 

Lowther,  Robert,  late  Governor  of  Bar- 
bados, letter  from,  226. 
Lucas,  Col.,  regiment  of,  660. 
Ludlow  Castle,  H.M.S.,  796. 
Lurting,   Robert,    Mayor   of  New   York, 

certificate  signed  by,  307  rv. 
Lutwyche,    Thomas,    opinion    of,    667 11, 

HI. 
Lyddel,  William,  Councillor,  Montserrat, 

167. 

Lynch,  Bartholomew,  case  of,  28. 
Lynches  Island.     See  under  Jamaica. 
Lyon,  H.M.S.,  24. 
Lyte,  John,  530  I. 
Lyttleton,   T.,   a   Lord   Commissioner  of 

the   Admiralty,    document    signed 

by,  864i. 


M. 


MacColloch,  Thomas,  document  signed 
by,  518  iv. 

McDowall,  William,  Councillor,  St.  Chris- 
topher, 561  i,  908. 

McGregore,  Rev.  James,  excommunica- 
tion of,  25. 

McMahon,  Gelasius,  168. 

,  document  signed  by,  6,  6  I. 

,  opinion  of,  1004  in. 

,  — ,  Councillor,    Barbados,   362. 

Madeira,  exports,  45. 

Maine.     See  Massachusetts  Bay. 

Malgras,  L.,  a  Lord  Commissioner  of  the 
Admiralty,  document  signed  by, 
50  i. 

Mangeant,  Mangont,  Monsieur,  789,  789  i. 

Manley,  — ,  2, 


INDEX. 


GO!) 


Mann,    Edward,    Councillor,    St.    Chris- 
topher, 908. 

,  deposition  of,  28. 

Margarita,  French  trade  to,  34. 

Marie    Galante    Island,    negroes    at,    (>">, 

139  I. 

Markis,  Thomas,  deposition  of,  324  I,  n. 
Martin,   Matthew,   document   signed   by, 
352  ra. 

,  Samuel,     document     signed     by, 

1035  I. 

,  — ,  Councillor,  Antigua,  proposed, 

406  I. 
MARTINIQUE,  131 1. 

,  prohibition  of  trade  by  French  at, 

34. 

,  ship  of  war  from,  expected,  34, 

41,  168. 

,  contraband  trade  at,  390. 

MARYLAND,  lighthouse  on  Cape  Henry, 
contribution  to,  proposed,  53,  241. 

,  grant  of  part  of,  to  James,  Duke 

of  York,  285. 

,  Deputy    Governor,      instructions 

to,  289. 

,  wool  and    flax,    manufacture    of, 

in  Somerset  County,  490. 

,  merchants  trading  to,  letter  from, 

511. 

Mascareen,  — ,  Major,  539. 
MASSACHUSETTS  BAY,  THE,  Act  for  raising 
and  settling  a  Public  Revenue   etc., 
passed,  104. 

,  . . .  . , disallowance   of,   pro- 
posed,   429. 

,  ...  . ,  for  fortif  cations  etc.,  rejected, 

104. 

,  .  .  .  . ,  for  vesting  the  right  of  election 

of  Representatives  to  serve  i)i  the 
General  Assembly  in  the  County  of 
Hunterdon  etc.,  and  suspending 
tfie  choice  of  the  town  of  Salem  etc., 
758. 

,for    repealing    an    Act   for 

punishing  and  preventing  of  duelling 
etc.,  referred,  825. 

,  .  . .  . ,  to  more  effectually  secure  the 

duty  on  the  importation  of  negroes, 
referred,  825. 

,  ...  .,for  encouragement  of  making 

paper,  referred,  825. 

,....,  for     regulating      the     ferry 

between  Bristol  and  Rhode  Island, 
referred,  825. 

,...., for    altering    the    time    for 

holding  the  Courts  etc.,  within  the 
counties  of  Essex,  Middlesex  and 
Plymouth,  referred,  825. 

.  i ,  Acts  passed,  480,  688. 

,  ....,  referred,  9,  311,  599. 

\Vt.  15:29 


MASSACHUSETS  BAY,  THE — could. 

,  Advocate     General.     See     Auch- 

muty,  R. 

Assembly,  Acts  of,  209. 

,  . . . .,  adjournment  of,  to  Salem, 

429,  484,  571,  571  i,  572,  592, 
643  I,  747  i,  748,  756,  921  I. 

, Journal  of,  209,  485,  925. 

,  .  . . . ,  difficulties      and      disputes 

with,  404,  405,  429-^31,  433,  571, 
571  i,  582,  592,  643  i,  747,  792-3, 
839,  913,  921i,  969,  969 1,  1000. 
1001,  1018,  1057. 

,  . . .  .,  Address  of,  485,  582  i,  643  I. 

, , ,  referred,  728. 

, votes  of,  485  i,  839,  840. 

,  . . . .,  prorogation  of,  571. 

,  .  . . . ,  charges  against,  648. 

, ,  memorial  of,  571  I,   572. 

, ,  reply  to,  571  I. 

, ,  Agent  of.     See  Belcher,  J. ; 

Wilks,  F. 

, ,  payment     of,     648,     649  i, 

949,  969. 

, , ,  referred,  707  i-m. 

, ,  Minutes  of,  480,  688. 

, ,  Speaker  of,  letter  to,  838  I. 

, ,  Printer  to.    See  Fleet,  T. 

,  . . . . ,  proceedings  of,  1018  n. 

,  Bill  for  returning  and  ascertaining 

the   value   of  the   bills   of  credit, 
draft  of,  10441. 

,  Bills  of  credit  at,  104,  1043. 

,  Boston,  disloyalty  of,  429. 

, Town    Clerk    of.  See 

Checkley,  S. 

,  boundary  of,  898. 

,  Charter  of,  1057. 

Church  of  England,  petition  of, 

386  i,  412. 

,  clergy,  grievances  of,  723. 

.Council,  Minutes,    104  I,  n,  209, 

480,  745  i. 

, ,  Acts,  688. 

,  . . . . ,  . . . . ,  passed,  480. 

,  pay  of,  969. 

. . .  +.  . ,  Governor.      See      Burnet,      W. ; 
Shute,  S. ;    Belcher,  J. 

,....,  salary    of,    925,    927,    949. 

969,    969 1,    1000,    1018  n,    1043, 
1047. 

,  Independent  Companies,  need  of, 

647,  648,  756. 

,  referred,  707  i-in. 

Indians,  bad  treatment,  of,  997. 
.  . ,  discontent  of,  1042. 
..,  trade  with,  1042. 
lands,  in  Nova  Scotia,  claim  to,  285. 
Maine,  woods,  masts  and  timber 
in,  59,  483,  517  i,  638,  670  I,  n, 
1018. 

q.p.  xxxvi— ay 


610 


INDEX. 


MASSACHUSETTS  BAY,  THE — contd. 

Maine — contd. 
,  . . . .,  logs  and  masts,    seizure  of, 

trial  concerning,  892  I. 

,  Casco  Bay,  1019. 

, fort  at,  proposed,  444,  444 

in,  553. 

,  Negroes,  imported,  tax  on,  59. 

,  Money  Bill,  921,  927,  931,  949, 

969,  969  n,  1001,  1019. 

,  Pemaquid,  fort  at,  122  n. 

,  seals,  274,  361  i,  400,  426,  570- 

572,  756. 

,  Secretary.     See,  Willard,  J. 

,  shipping,  fees  from,  949,  969  n, 

1001,  1002. 

.state  of,  1057. 

,  Treasurer,  Accounts  of,  480,  485 

n. 

,  wine,  duties  on,  433. 

,  woods,  masts  and  timber  in,  118, 

156  i,  234  i,  267,  286. 
Mather,  Increase,  285. 
Mathew,  William,  Lt.  General  of  Leeward 

Islands  and  Lt.   Governor  of  St. 

Christopher,  92,  933. 
, ,  letter  from,  206,  318,  320, 

902,  903,  908. 

,  . . . . ,  letter  to,  35. 

,  . . . . ,  Address  to,  24  n,  m,  163  i. 

,  . . . . ,  protest  by,  28. 

,  . . . . ,  correspondence  of,  method 

of,  concerning,  35. 
,  . . . . ,  complaints    against,    103, 

116,  165l,  206,  305. 

, , ,  reply  to,  163 1. 

,  . . . . ,  reconciliation    of,    with 

Governor  Hart,  116  I. 
,  . . . .,  accounts  of,  24  in,  iv,  116 

n,  in,  117  in,  v. 

,  . . .  .,  leave  of  absence,  125,  141. 

,  .  . .  . ,  document   signed   by,    159. 

,....,  service,  certificate  of,  548, 

551. 

,  . . . . ,  petition  of,  991. 

Matthews,  — ,  32. 

Maxwell,  Thomas,  530  i,  961. 

,  . . .  . ,  Councillor,  Barbados,  death 

of,  161,  297  i. 
,  Joseph,  Clerk  of  Council,  Jamaica, 

document  signed  by,  197  i. 
Maxwell,  ship,  162. 
Maycock,  Thomas,  168. 
,  junior,  document  signed  by, 

6,  6  i. 
May  hew,   Samuel,   document  signed   by, 

773  vi. 

Mayle,  William,  petition  of,  661,  672. 
Maynard,  Samuel,  document  signed  by, 

6,  6  i. 
Menzies,  — ,  expulsion  of,  25, 


Meriwether,   David,   Councillor,   Virginia, 

nominated,  641. 
Merrick,  Thomas,  530  i. 
Methuen,  Paul,  Secretary  of  State,  291  i. 
Meure,  Abraham,  24  i,  35,  42,  206,  318, 

320. 

, ,  letter  from,  103,  116,  125. 

,  .  . .  . ,  petition  of,  548. 

Micklethwait,  Joseph,  Viscount,  Secretary 

etc.,    Barbados,    petition    of,    736, 

736  i,  810,  882. 
Middleton,  Arthur,  President  of  Council, 

S.  Carolina,  letter  from,  200,  281, 

281  vn,  525,  567,  807  I. 
, .letter   to,    281  vm-xi,    281 

xn  (c). 
,  . . .  .,  document    signed    by,    281 

iv-vi,  807  in,  iv. 
,  . . . . ,  charges  against,  459  i,  489, 

580. 

,  .  . .  . ,  .  . .  . ,  referred,  499. 

,  .  . . . ,  salary  of,  807  n. 

Mill,  Richard,  Councillor,  Jamaica,  344, 

344  rv. 
,  Chief  Justice,   Jamaica, 

document  signed  by,  559 1. 
Miller,  Peter,  murder  by,  212,  240. 

,  reprieve  for,  enquiry  as  to,  369. 

Milliken,  James,  Major,  case  and  deposi- 
tion of,  28. 
,  — •,  Councillor,     St.     Christopher, 

167,  809,  908. 
Mills,  Matthew,  Speaker  of  Assembly,   St. 

Christopher,  document  signed  by, 

24  n,  in. 
Millward,   — ,  Councillor,  St.  Christopher, 

561  i. 
Missing,  Thomas,  memorial  of,  378. 

, ,  letter  to,  381. 

,  letter     from,     398,     435 1, 

875. 

Mitchell,  — ,  945. 
Molineux,  — ,  Montserrat,  negroes  of,  65, 

139  i. 
Monck,  Christopher,  Duke  of  Albemarle, 

grant  to,  291  i. 
Montagu,  Duke  of.     See  Montague,  John. 

,  John,  Duke  of  Montagu,  526. 

,  . . . . ,  grant  to,  of  Tobago,  2  v,  26, 

29. 
, , ,  petition  for,  2,  26,  89, 

131 1. 

,  . . . . ,  . . . . ,  . . . . ,  report  on,  109. 

,  .  . .  . ,  .  . .  . , representation 

upon,  68  i. 

, , , ,  referred,  272. 

,  . . . . ,  . . . . ,  of    Sta.     Lucia     and 

St.  Vincent,  29,  29  i,  194,  802. 
, .letter  to,   34,    194  in,   393, 

526  i. 
, letter  from,  61,  1032, 


INDEX. 


Montgomery,  Sir  Robert,  grant  to,  115. 

,  John,  992. 

,  .  . .  . ,  Col.,  Governor  of  New  York 

and  New  Jersey,  295  I,  n. 

,  .....  .....  at  Barbados,  161. 

, , letter  from,  187,  188, 

221-224,  295,  355,  355  I,  356,  495, 

523,  653,  663,  663  i,  (569,  798-800, 

859,  860,  889-891,  947. 
, ,  letter    to,    468,    757, 

799  in,  817,  827  xrv. 

..Instructions    to,    267, 


286'  290' 


.Speech  of,  355  n. 
,  representation    to, 


xm. 


Morice,  Morrice,  Humphrey,  document 
signed  by,  19,  352  m,  760,  1035  I. 

......  ,  .  .  .  .  ,  letter  from,  775. 

......  ,Col.,  539. 

Morris,  Jasper,  Capt.,  324. 

......  ,  .  .  .  .  ,  deposition  of,  324  I,  n,  450. 

......  ,  Lewis,  Chief  Justice,  New  York, 

re-appointed,  86. 

......  ,  ----  ,  ----  .salary  of,  799,  799  I, 

827  v  (o)-vi. 

......  ,  .  .  .  .  ,  junior,     Councillor,     N.Y., 

suspension  of,   798-800,   859,  859 
£fi~ 

......  ,  '.  .  .  .,'.  .  .  ..protest  of,  799,  799  i, 

ra>  §27^  359  n>  ra. 
......  f  ____  ?  ____  t  jetter    from>    799  mj 

827  Xiv,  837. 

......  »  .....  .....  .....  from,  9u6  i.  ......  ,....,....,  document  signed   by, 

/  .....  ,  .  .  .  .  ,  .....  memorial  of,  989  iv.  §27  xn    xra 

MONTSERRAT,  and  see  Leeward  Islands.  Thomas   62. 

......  ,  Act    for     the     encouragement    of  Morrismore,  Col.',  396. 

artificers   and   labourers   to   recover  Moseley,  Col.,  871. 

debts  not  exceeding  six  pounds,  674.  ......  /Edward,    Surveyor    General,   N. 

...........  ,  referred,  785.  Carolina,     document    signed     by, 

......  ,  .....  opinion  on,  834.  515  n,  641  vi. 

......  ,  .  .  .  .  ,  granting    to    H.M.    certain  ......  ,  .....  complaint  against,  573,  772, 

duties  upon  liquors  and  house-rent  781,  857  I,  1038. 

in  Plymouth    etc.,  for  the  payment  Mountjoy,  Thomas,  Capt.,  281. 

of  £600  per  annum  to  H.E,  etc.,  ......  ,  ____  .Commission  of,  281  v. 

674.  ......  ,  .....  Instructions  to,  281  vi. 

......  ,  .....  .....  referred,  784.  Mulcaster,  John,  Agent  to  the  Indepen- 

......  ,  .  .  .  .  ,  .  .  .  .  ,  opinion  on,  834.  dent  Company,  Bahama  I.,  letter 

......  ,  ____  ,  ____  ,  confirmed,  843.  from,  383. 

......  ,  .....  o/  settlement  and  limitations  Muller,  Albert,  1015,  1015  I. 

for  avoiding  suits  at  law,  674.  Mullins,    Richard,    Major,    passport    for, 
......  ,....,...  ..referred,  785,  865.  229. 

......  ,  ____  ,  ____  ,  opinion  on,  834.  Muscongo  Company,  the,  929,  932  ;    and 

......  ,  ____  ,  for  establishing  a  Court  of  see  Cooke,  Dr.  Elisha. 

King's  Bench  and  Common  Pleas  Mushoe,  Henry,  murder  of,  281. 

and  a  Court  of  Errors  etc.,  674.  Muskery,  Lord,  440. 
......  ,  ____  ,  ____  .referred,  785,  865. 

......  ,  .....  .....  opinion  on,  834. 

......  ,  Council,  Minutes,  318. 

......  ,  Councillor.     See    Gerrish,    W.  ;  "• 

Roberts,  J.  ;    Lyddel,  W.  ;    Bram- 

j        j  Narciss,  Father,  priest,  395. 

......  ,  Deputy    Governor.     See   George,  Narragansett,  county  timber  in,  892  i. 

P      n  Knm  T  Narvaez,  Pamphiho,  291  1. 

Naval    Stores    (iron,    tar,    timber,    pitch, 
......  ,  French,  damage  by    in  1712,  65,  hempj    m&ste>    rum    etc)     ^   the 

65  !•  Plantations,  118,  504,  513  n;   and 

......  ,  Governor.     See  Stewart,  T.  see  undcr  Separate  Colonies. 

......  ,  Justice,  administration  of,  674.  ......  ^  production  of,  60,  72,  94,  285. 

......  ,  Lt.  Governor.     See  Diggs,  T.  ......  >  quality  of,  50  I. 

......  ,  Negroes,  runaway,  65.  ......  j  encouragement  of,  proposed,  234 

Moore,    James,    Col.,    late    Governor,  S.                        If  504. 

Carolina,  807  II.  ......  ?  Act  giving  bounty  on,  94. 

......  ,  John,  807  v.  ......  ,  ____  ,  ending  bounty  on,  94. 

......  ,  .....  Collector  of  Customs,  Phila-  ......  ,  ____  ,  giving     further     encourage- 

delphia,  seizure  by,  661.  ment  for  the  importation  of  Naval 

..letter  to,  661  I.  Stores,  etc.,  118,  118i, 


612 


INDEX. 


Naval  Stores — contd. 

,  Bill  for  encouraging  the  importa- 
tion of,  from  America,  651. 

, .referred  100. 

,  . . . . ,  passed,  755. 

,  rum,  supply  of,  complaint  con- 
cerning, 179. 

,  . . . . ,  Contractors  for  supply  of, 

327,  327  i-v. 

, ,  duty  on,  338,  348,  350,  353. 

prices  of,  return  of,  requested, 

107. 

,  . . . . ,  account  of,  by  Navy  Board, 

114,  114 1. 

,  imported  into  Jamaica,  exemp- 
tion of,  from  duties,  recommended, 
375 1. 

,  masts,  difficulty  of  procuring, 

444  I. 

,  export  of,  547  in. 

,  imported,  account  of,  requested, 

588. 

,  duties  upon,  675. 

NAVY,  H.M. ;  and  see  Jamaica,  Lynches 
Island ;  Naval  Stores. 

,  Surveyor  of.  See  Ackworth,  Sir 

J. 

,  sailors,  entertainment  of,  at  Vir- 
ginia, forbidden,  261  n. 

Commissioners  for  Victualling, 

letter  to,  338,  350,  353  i. 

, .letter  from,  348,  353,  444 

n. 

,  . . . . ,  contract  with,  for  masts, 

894 1. 

,  H.M.  Ships.  See  Alborough,  Ber- 
wick, Bideford,  Bredah,  Deal  Castle, 
Dolphin,  Dunkirk,  Experiment,  Fox, 
Guardland,  Happy,  Kinsale,  Lark, 
Leopard,  Ludlow  Castle,  Lyon, 
Oxford,  Plymouth,  Rose,  Solebay, 
Squirrel,  Success,  William  Augustus. 

Needham,  Nedham,  William,  Councillor, 
Jamaica,  proposed,  369,  392,  744, 
972. 

Negroes.  See  Antigua,  Barbados,  Caro- 
lina, S.,  Jamaica,  Massachusetts, 
Montserrat,  Nevis,  New  Hamp- 
shire, St.  Augustine,  St.  Chris- 
topher, St.  Vincent,  Virginia,  Marie 
Galante. 

Neily,  Charles,  M.,  document  signed  by, 
1035 1. 

NEVIS  ;  and  see  Leeward  I. 

,  Accounts,  Public,  159. 

,  Act,  1727,  for  raising  a  poll-tax 

on  negroes  and  other  slaves  etc., 
referred,  10. 

,  .  . .  .,  1728,  for  raising  a  poll-tax 

on  negroes  etc.,  494. 

, , ,  referred,  597, 


NEVIS — contd. 

Act — contd. 
,  . . .  . ,  for  providing  a   house  and 

settling  £500  per  annum  on  H.E. 

and  laying  a  tax  on  sugar  etc.,  494. 

,  . . . . ,  .  . .  . ,  referred,  597. 

,  . . . .,  .  . . .,  opinion  on,  612. 

, , .report  on,  636,  680  n. 

, , , .referred,  680. 

,  .....  .....  petition  of  merchants 

against,  680  in. 

, , , referred,  680. 

, , ,  disallowed,  783,  877. 

,  Assembly,  Minutes  of,  494. 

,  Council,  Minutes  of,  494. 

,  Councillors.    See.      Butler,       T.  ; 

Smith,  D.  ;    Burt,  P. 

,  Governor.     See  Stewart,  T. 

,  Negroes  imported,  159. 

,  Proclamation  of  King  George  II, 

159. 
,  St.  Paul's  parish,  christenings  and 

burials  in,  159. 
,  . . . . ,  Minister  of.  See  Robertson, 

R. 
,  shipping      returns      (1720-1729), 

1060. 

,  trade  of,  24. 

,  Treasurer.     See  Bridgwater,  E. 

Newan.     See  Newman. 

Newcastle,  Duke  of.     See  Pelham,  Holies. 

Newell,    Richard,    Mayor   of   Barnstaple, 

document  signed  by,  487. 
NEW  ENGLAND  ;    and  see  Massachusetts 

Bay  ;    New  Hampshire. 

,  affairs  of,  report  upon,  514. 

,  Assembly,  undutiful  behaviour  of, 

576. 

,  Boston  Gazette,  copy  of,  1042  v. 

,  claims  in,  932,  1051. 

clergy  in,  929. 

,  Council   and   Assembly,    Minutes 

of,  975. 

,  fishermen,  complaint  against,  395. 

,  Indians,  25,  628  I. 

,  Irish  in,  25,  589,  628  I,  710,  929. 

,  .....  and  Palatine  families,  settle- 
ment by,  proposed,  628  I,  630. 

,  ships,  loss  of,  277. 

,  Speaker.     See  Oakes,  U. 

,  stores  of  war,  account  of,  975. 

,  townships,    method    of   erecting, 

985. 

,  Weekly  Journal,  copy  of,  649  I. 

,  woods,  masts  and  timber,  50,  108, 

516,    517,    553,    564  n,    638,    738, 

855  i-in,  894,  930. 
NEWFOUNDLAND,    Act    (William    III)    to 

encourage  the  trade  to,  155,  527  I, 

595,  708  I, 


INDEX. 


613 


X  E  \V  KO  I '  NDLAND — CO»  til. 

,  administration  of,  (><>(>. 

, ,  at  St.  John's,  883. 

,  clergymen  for,  527  I,  666,  726. 

,  constables,    appointed,    939,    940 

in. 
,  convoy,  Commodore  of,  Heads  of 

Enquiry  for,  173. 
,  crime  and  disorders  in,  411,  423  I, 

436,  527  I,  697  I,  708  I,  939. 
,  emigration  from,  to  Nova  Scotia, 

319  m,  527  i. 

,  fishery,  436,  527  i,  731,  833,  940  I. 

,  . . .  . ,  encouragement  of,  461. 

, ,  illegal,  595. 

,  . . . . ,  scheme  of,  940  n. 

,  fishing       Admirals,        complaint 

against,  437. 
, ,  conduct  of,  423  i,  437,  437  i, 

n,  527  i,  697  i. 
order  to,  437  I  (a,  b), 

H. 

, .letter  to,  (437  a,  b). 

,  French  ships  fishing  at,  928,  940  I. 

,  Gaspey,  French  settlement  near, 

870. 

Governor.     See  Osborne,  H. 

,  harbours,     Admirals     of,     negli- 
gence of,  940,  940 1. 

Indians  in,  928,  940  I. 

,  . . . . ,  outrages  by,  315. 

,  inhabitants,    grievances    of,    437, 

437  i,  n. 

,  Irish  in,  disorders  by,  939-940  I. 

,  Justice,    administration    of,    708, 

708  i,  939,  939 1. 

,  Justices   of  the   Peace,   appoint- 
ment of,  939,  939  i,  n,  940  ra. 

,  maps  of,  708  n. 

,  oil  from,  duty  on,  720. 

,  Placentia,  defence  of,  708. 

, ,  fishery,  97,  143,  155,  423  i, 

440,  708  n. 

,  .  . .  . ,  .  . . . ,  encouragement  of,  461, 

, .state  of,  527  i. 

,  . . . . ,  Fort   Frederick,   stores   in, 

959  vm. 

,  .  . .  . ,  fortifications,  527  I. 

,  .  . . . ,  French  at,  treatment  of,  97. 

, ,  garrison,  319  m,  681,  708  n, 

725. 

, , ,  conduct  of,  527  I,  666. 

,  . . . . ,  Government,  separation  of, 

from  Nova  Scotia,  681,  708. 
,  . . . . ,  Governor.  See  Osborne,  H. ; 

Philipps,  R. 
,  . . . . ,  Lt.  Governor.     See  Gledhill, 

S. 
,  . . .  . ,  traders    with,    petition    of, 

1016. 
,  prisons,  need  of,  939. 


NEWFOUNDLAND — contd. 
prisons — contd. 

, ,  proposed,    specification    of, 

959  vi. 

,  trade  of,  encouragement  of,  461. 

,  .  . .  . ,  with  Ireland,  487. 

woods,  spoil  of,  527  I. 

NEW  HAMPSHIRE  ;  and  see  New  England. 

,  Act  for  limiting  duration  of  Assem- 
blies to  three  years  etc.,  180. 

,  .  .  .  . ,  for     calling     and     electing 

Assembly  men  and  their  qualifi- 
cations, referred,  746. 

,  .  . . . ,  for  regulating  the  assize  of 

shingles,  referred,  746. 

,  .  . . . ,  for  creating  paper  money, 

assent  to,  refused,  755. 

,  . . .  . ,  for  establishing  the  propor- 
tion of  several  towns  to  be  paid  in 
the  province  tax  for  1728,  referred, 
746. 

,  . . . . ,  to  repeal  an  additional  act 

to  the  act  for  punishing  criminal 
offenders,  and  repealing  act  pro- 
hibiting trade  unth  Eastern  Indians, 
referred,  746. 

,  . . . . ,  Triennial,        passing        of, 

solicited,  98. 

,  Acts,  referred,  56. 

,  Assembly,  proceedings  of,  303. 

,  . . . . ,  Speaker    of.    See    Wiggan, 

A. 

,  boundary  of,  898. 

Councillors,  list  of,  93  i. 

,  . . . . ,  persons   recommended   for, 

list  of,  93  i. 

,  . . .  . ,  See  Sherburn,  H. ;  Pen- 
hallow,  James,  John  and  Samuel. 

,  fort,   William  and  Mary,  stores, 

59,  975  i,  n. 

, ,  at  Pemaquid,  975. 

,  Governor.       See     Burnet,     W. ; 

Belcher,  J. ;  Shute,  S. 

,  Indians  in,  975. 

,  Lt.    Governor.    See   Wentworth, 

J. 

Negroes,   imported,   free  of  tax, 

59. 

,  seals,  274,  361 1,  400,  747,  748. 

Secretary.     See  Atkinson,  T. 

,  trade  of,  71. 

,  woods,  59,  71,  267,  286,  303,  444 

in,  483,  517,  564  n,  670 1,  n,  755, 
1018,  1045. 

NEW  JERSEY,  Act  for  appropriating  a 
part  of  the  interest  money  etc.  to  the 
incidental  changes  of  the  Govern- 
ment etc.,  objections  to,  468. 

,  . . . . ,  . . .  . ,  representation    con- 
cerning, 860. 

. . . .,  disallowance  of,  817. 


614 


INDEX. 


NEW  JERSEY — contd. 
Act — contd. 

,  . . .  . ,  1698,  declaring  the  rights  ami 

privileges  of  the  subject  etc.,  307  v. 

,  .  .  .  .,  17 17, /or  running  the  division 

line  between  the  Eastern  and  Western 
divisions,  caveat  against,  488. 

,  . . . . ,  . . . . ,  confirmation  of,  505, 

727. 

,  ....,  Quakers,  495,  669. 

,  .  . . . ,  for     Triennial     Assemblies. 

495,  669. 

,  .  . .  . , ,  disallowed,  817. 

,  . . .  .,  1714,     for     confirming     of 

conveyances  of  land  made  by  wills 
etc.,  referred,  624. 

,  .  . .  . ,  .  .  .  . ,  opinion  on,  650. 

,  .  . .  .,  1713,    for    shortening  law- 

units  and  regulating  the  practice  of 
the  law,  disallowed,  1721,  re- 
enacted,  1727,  465. 

, ,  referred,  758. 

,  .  . .  .,  1713,      acknowledging     and 

recording  deeds  and  conveyances  of 
land,  disallowed,  1721,  re-enacted, 
1727,  465. 

,  . . . . ,  . . . . ,  referred,  758. 

,  .  .  .  . ,  1 728,  for  shortening  of  law- 
suits and  regulating  the  practice  of  the 
law,  referred,  758. 

,  .  . .  . ,  concerning  the  acknowledging 

and  registering  of  deeds  and  con- 
veyances of  land  etc.,  referred,  758. 

,  . . . . ,  prescribing     the    forms     of 

declaration  etc.,  'to  lie  by,'  817. 

,  Acts,  passed,  188,  307,  356. 

,(12),  referred,  458. 

,  . . . . ,  .....  opinion  on,  613. 

Address  from,  30. 

,  Agent  for.     See  Partridge,  R. 

,  Assembly,  Quakers  in,  schemes  of, 

669. 

,  . . . . ,  Addresses  of,  to  the  Crown, 

817. 

,  Chief  Justice.     See  Hooper,  R.  L. 

,  Council,  Minutes  of,  356. 

,  Governor.      See      Burnet,      W.  ; 

Montgomery,  J. 

resident,  petition  for,   537. 

,  Perth  Amboy,  traders,  certificate 

signed  by,  307  i. 

,  .  . .  . ,  mayor  of.     See  Parker,  J. 

,  Proclamation    money,    value    of, 

307i. 

,  seals,  new,  274,  361 1,  400. 

,  Secretary.     See  Smith,  J. 

,  Sinking  Fund,  307. 

Supreme  Court,  Western  Division, 

Address  of,  to  the  King,  295  i. 

,  woods,  preservation  of,  156  I. 


Newman,  Newan,  Agent  for  New  Hamp- 
shire, 59,  975. 

,  .  .  .  . ,  petition  of,  98. 

,  .  .  .  .,  letter  from,  217. 

Newton,     H.     C.,     Collector,     Annapolis 

Royal,  complaint  against,  789. 

,  correspondence  of,  789  ill. 

NEW  YORK,  Act  for  the  easier  partition  of 

lands  etc.,  947. 

, repeal  of,  48,  295. 

,  . . . . ,  need  for,  495. 

,  .  .  .  .,  report  on,  757. 

,  .  . .  . ,  for  preventing  prosecutions  by 

.  informations,  report  on,  236. 

.referred,   313. 

,  . . .  . ,  .  . . . ,  opinion  on,  357. 

,  .  . . .,  . . . .,  repeal  of,  415,  451. 

,  ...  .,for  frequent  catting  Assem- 
blies, dropped,  495. 

,  .  . .  . ,  copy  of,  495  v. 

,  .  .  .  . ,  to  revive  an  act   to  prevent 

desertion  from  H.M.  forces  etc.,  890. 
,  .  .  .  . ,  continuing    the    currency    of 

bills  of  credit  struck  in  1720  etc., 

890. 
,  .....  continuing  the  act  to  farm  the 

excise  etc.,  890. 
,  .  .  .  . ,  continuing  the  act  to  empower 

the  Justices  living  in  Schenectady 

to  regulate  the  streets  and  prevent 

accidents  by  fire,  890. 
,  ...  .  ,for  laying  out,  regulating  etc., 

public  highways  in  Suffolk,   Ulster 

and  Albany  counties,  890. 
,  .  .  .  . ,  ascertaining    the    allowances 

of  Representatives  in  Suffolk  County, 

890. 
,  .  . .  . ,  for        naturalizing        John 

Frederick  Ounter  and  others,   890. 
,  . . .  . ,  for  the  effectual  recovery  of 

the  arrears  of  several  taxes  etc.,  and 

for  securing  the  duties  on  slaves  not 

imported  into  the  City  of  New  York, 

890. 
,  . . .  . ,  for   defraying   the    charges 

of  the  trading  house  at  Oswego  etc., 

Nov.  1727,  989  i. 

,  .  .  .  . ,  for  continuing  acts  for  dis- 

''    charging    the   present    demands    on 

the  trading  house  at  Oswego,  890. 

,  referred,  971. 

,  .....  .  . .  . ,  opinion  on,  976. 

, ,  repeal    of,    proposed, 

989. 

, ,  for  raising  £730  etc.,  890. 

. ,  for  licencing  hawkers    etc., 

890. 
,  Acts  naturalizing  (i)  Jan  de  Wit ; 

(ii)  Thomas  Timiner,   opinion  on, 

1068. 


INDEX. 


615 


\F.\V  YORK — contd. 

Acts,  1727,  referred,  182. 
. .  .  .,  opinion  on,  237. 
. . . . ,  passed,  495. 

referred  (19),  741. 

, ,(12),  971. 

.  . . .,  opinion  on  (10),  848. 

. .  .,  (10>,  relating  to  the  Indian 
trade,  1720-1729,  repeal  of,  1025. 
. ,  Albany,  Town  Clerk,  Clerk  of  the 
Peace  and  Clerk  of  the  Common 
Pleas  in.     See  Livingstone,  P. 
.,  .  . .  .,  gaol  of,  4  i. 
. ,  Assembly,     resolutions    of,     355, 
355  n,  827  iv,  vm-x. 
.,  .  . .  .,  reply    of,      to     Governor's 
Speech,  355  II. 
. ,  . . .  . ,  Minutes  of,  495. 
.,  . .  .  .,  grievances  of,  627  XH. 
. ,  .  . . . ,  charge  by,  against  Council, 
827  xm. 

. ,  . . .  . ,  charges  against,  989. 
. ,  .  . . . ,  encroachments  of,  743,  799 1. 
. ,  . . .  . ,  Journal  of,  989  v. 
. , ,  Speaker  of.      See   Philipse, 

A. 
. ,  Attorney  General.     See  Bradley, 

R. 
. ,  Chancery,  Court  of,   changes  in, 

proposed,  355,  495,  495  n. 
. ,  .  . .  . ,  holding    of    a,    concerning, 

757,  827  ra. 

. ,  Chief  Justice.     See  Morris,  L. 
. ,  City  of,  gaol  of,  4  I. 
.,  . . .  .,  Mayor  of.     See  Lurting,  R. 
. ,  .  . .  . ,  Merchants     of,      certificate 

signed  by,  307  in. 
. ,  Council,    Minutes,    495,    495  iv, 

799  n,  iv,  vi,  827  vn,  xi. 
. ,  . . .  . ,  affidavits    referred    to    in, 

495  iv. 
,  Committee  of,   to  examine 

into  grievances  of  Assembly,  627 

xn. 

.,  .  . . .,  memorial  of,  743  m,  989  iv. 
. ,  Councillor.     See  De  Lancey,  J.  ; 

Barbaric,  J.  ;    Morris,  L. ;    Court- 
land,  P.  ;    Walters  ;      Walter,  R. ; 

Colden,  C.  ;    Alexander,  J. 
. ,  exports,  970. 
. ,  .  . . . ,  account  of,  977. 
. ,  garrison,  800. 

. ,  Governor.     See  Montgomery,  J. 
. ,  . . . . ,  memorial  of,  743  m. 
. ,  imports,  970. 
.,  .  . .  .,  account  of,  977. 
. ,  Indians,  Secretary  or  Agent   for 

the  Government  to  the.  See 

Livingstone,  P. 

,  fur    trade    by,    encourage- 
ment of,  890. 


XK\V  YOKK — con  til. 

,  Judge.  Second.    See  Walters. 

,  Medina  and  Co.  v.  Rene  Hett,  case 

of,  495  m. 

,  Officials,  salaries  of,  799. 

,  Quakers,  669. 

,  revenue,  799. 

,  salt,  free  importation  of,  petition 

for,  870,  966. 

,seal,  307  iv. 

,  Secretary.     See  Clarke,  G. 

,  ships,    entered   and   cleared,    list 

of,  495. 

,  trade  with  Indians,  976,  980. 

,  . . .  . ,  Act  concerning,  1025. 

,  woods,  preservation  of,  156  I,  267. 

Nichols,  Edward,  389. 
Nicholson,  Francis,  General,  Governor  of 
S.  Carolina,   130 1,  200,  285,  401, 
539,  807  i,  853  i. 

, ,  salary  of,  807  n. 

, ,  death  of,  1027. 

,  Wargent,  Factor  to  Royal  Asiento 

Company,  letter  from,  281  xn  (a). 

,—  351. 

Nicoll,  Andrew,  Lieut.,  889. 
Noden,  — ,  Agent  for  Bermuda,  497. 
Norris,  John,  a  Lord  Commissioner  of  the 
Admiralty,    document    signed    by, 
50  i,  444  i,  864 1. 

Northy,  Samuel,  petition  of,  184 1. 
NOVA  SCOTIA,  Admiralty  Court,  need  of, 
789. 

,  Annapolis  Royal,  fort,  decay  of, 

213  n. 

,  Lt.   Governor   of  Garrison.    See 

Cosby,  Major. 

,  Collector.     See  Newton,  H. 

,  Canso,  fishery  at,  213  n,  214,  700, 

917,  994,  1041,  1041 1. 

,  . . . . ,  enquiry     and     instructions 

concerning,  716  I. 

, ,  scheme  of,  716  u,  1041  n. 

, ,  Commander-in-chief         at. 

See  Cavally,  F. 

,  . . . . ,  Commissary  of  the  Musters 

at.     See  Jones,  W. 

,  Councillor.     See  Cope,  H. 

,  Fort  Major.     See  Wroth,  R. 

,  French  in,  631 1,  789,  994. 

,  French      inhabitants,      oath     of 

allegiance  refused  by,  631  i. 

, ,  trade  with  French  Colonies, 

631 1. 

,  Protestants,  settlement  of, 

proposed,  917  m. 

, ,  at  Annapolis  Royal,  917. 

,  . . . . ,  deserters  to,  395. 

,  settlement    of,     at     Fundy 

Bay,  589. 


616 


INDEX. 


NOVA  SCOTIA — contd.  O. 
,  Governor.        See    Philipps,    R.  ; 

Armstrong,  L.  Oakes,  Urian,  Dr.,  Speaker,  New  England, 

,  grants  in,  929.  285. 

,  Indians,  18,  213  n,  315,  789,  929,  Oistine,  James,  document  signed  by,  773 

975,  1018,  1019,  1042,  1042  i.  vi. 

,  .  .  .  . ,  Casco,  Treaty  with,  1042.  Ordnance,  Board  of,  letter  to,  351  ix. 

,  .  .  .  . ,  danger  from,  963,  997.  Orkney,  Earl  of.     See  Hamilton,  George. 

,  .  . .  . ,  intermarriage      with,      en-  Osborn,   Jethro,   document   certified    by, 

couraged,  631  i.  1062. 

,  . . . .,  meeting  with,  1019.  ,  John,    Capt.,    Deputy  Governor, 

,  . . . . ,  trade  with,  1042.  Montserrat,  appointed,  397. 

,  .  .  .  .,  treachery  of,  547  v.  ,  Obadiah,  memorial  of,  1062. 

,  .  .  .  .,  dealings  with    and    French  Osborne,  John,  merchant,  of  Boston,  278. 

intrigues  with,  213  n,  315.  ,  Henry,  Capt.,  R.N.,  423,  686,  883. 

,  lands  in,  claim  to,  by  Indian  deeds.  ,  . . . . ,  Governor  of  Newfoundland 

932,  1018,  1019.  and     Placentia,     Commission     of, 
,  lands  between  the  Rivers  Kenne-  708  I,  725. 

bee   (Sagadahock)   and   St.   Croix,  ,  .  . . . ,  .  . . . ,  warrant  for,  749. 

settlement  of,  proposed,  300,  665,  ,  . . . . ,  instructions  to,  708  n,  725, 

683  i,  694,  695,  705,  753,  768,  929,  764,  968. 

932,  948,  986,  986  i,   1005,   1018,  , .letter  from,  938,  939,  959, 

1019,    1042 1 ;      and   see   Georgia;  962. 

Coram,  Thomas  ;   Hintze,  Daniel.  ,  . . .  . ,  letter  to,  959  n. 

,  . . . . ,  claim  to,  by  Massachusetts  ,  . . . . ,  warrant  by,  959  i,  in,  v. 

Bay,  285.  ,  . . . .,  proclamation  by,  959  iv. 

,  . . .  . ,  separation    of,    from    Nova  ,  Samuel,  530 1. 

Scotia,  proposed,  705.  Osbourne,  Robert  Jonah,  530 1. 
,  Lt.  Governor  of  Province  and  Lt.  Oswego,  money  bill  relating  to,  4,  989, 

Governor   of  Fort,    separation   of  989 1. 

Commissioners    of,    inconvenience  ,  trading  at,  890,  976,  989,  989  i. 

attending,  789.  And  see  New  York,  Acts  relating  to 

,  naval  stores,  118.  Oswego. 

,Pemaquid,    fort    at,    285,    974  i,  Ottley,  Drewry,  809  i  (6). 

1018,  1019,  1042 1,  n.  Outerbridge,    William,    Col.,    Councillor, 

, ,  harbour  at,  1018.  Bermuda,  suspended,  183. 

,  Penobscot,    settlements   at,    997,  ,  . . .  . ,  Chief     Justice,     Bermuda, 

1005-1007  i.  appointed,  438. 
,  Penobscot  River,  importance  of,  ,....,  Chief  Justice  of  the  Common 

997.  Pleas,  Bermuda,  appointed,  457. 
,  Placentia,  separation  of  Govern-  Ovick.     See  Lovick. 

ment  of,  to  be  considered,  681.  Oxenford,     John,     Assistant     Inspector 
,  . . . . ,  Commissary  of  the  Musters  General  of  Customs,  675. 

at.     See  Jones,  W.  ,....,  letter  to,  113,  579,  588,  970. 

,  Report  upon,  514.  ,  . . . . ,  document   signed   by,    977. 

,....,  (1721),  704  n.  Oxford,  H.M.S.,  686,  700,  708 1,  725,  883. 

,  St.  John's  Island,  French  invited 

to  settle  at,  315. 

,  seal,  414,  574,  640,  673. 

,  settlement    of,    227 1,    234,    296, 

309,    319,    319  n,    631,    705,    948,  P. 

963,  997,  994,  1005-1007  I,  1018. 
,  timber,  reservation  of,  118,  133,  Paine,   Abraham,    Councillor,    St.    Chris- 

234,  319  i,  in,  359,  628  i,  948.  topher,  proposed,  809. 

Palin,    John,    Councillor,    N.    Carolina, 

document  signed  by,  515  iv. 
Palmer,  privateer,  281  v. 
Palmer,  John,  807  V. 

,  . . .  . ,  late         Secretary,         L.I., 

appointment  of  (1692) — as  Coun- 
cillor, 494,  496. 


INDEX. 


617 


Palmer,  John — contd. 

,  .  . .  .,  Col.,  Commission  and  in- 
structions for,  281  iv. 

,  . . .  .,  .  . . .,  expedition  under,  281, 

281  xu  (a),  xiv. 

,  Joseph,  document  signed  by, 

773  vi. 

Parker,  John,  Mayor  of  Perth  Amboy, 
certificate  signed  by,  307  n. 

Parkes,  John,  document  signed  by,  773 

VI. 

Parkin  and  Stilwell,  Ironmongers,  Foster 
Lane,  280. 

Parris,  Alexander,  Col.,  letter  from,  281 
xn  (a),  xu  (c). 

,  letter  to,  281  xxn  (6). 

,  . . . . ,  document  signed  by,  281  xu 

(c),  281  xiv. 

Parsons,  — ,  late  Councillor,  Bermuda, 
183. 

,  . . .  ..Councillor,  L.I.,  494,  496. 

Partridge,  William,  Attorney,  letter  from, 
233. 

,  Richard,  Agent  for  New  Jersey, 

letter  from,  615. 

,  . . . . ,  Agent  for  Rhode  Island, 

letter  from,  1061. 

Pawley,  George,  807  v. 

Payne,  Charles,  Councillor,  St.  Christopher, 
28,  561. 

Peers,  Henry,  document  signed  by,  6,  6  I. 

, Col.,  20. 

,  . . . . ,  . . . . ,  Speaker  of  Assembly, 

Barbados,  389,  761. 

, , , ,  elected,  324, 362. 

,  . . . . ,  . . . . , letter  from,  667 

m. 

,—,  claim  of,  328. 

Peirce,  Joshua,  document  signed  by, 
917  n. 

Pelham,  Holies,  Duke  of  Newcastle,  letter 
from,  3,  89,  105,  109,  154,  163, 
191,  194,  213,  215,  228,  233  in, 
306,  327,  419,  423^25,  532,  533, 
576,  590,  598,  602,  604,  628,  659, 
670,  682,  761,  766,  772,  780,  790, 
792,  793,  864  i,  900,  901,  904,  924, 
931,  943,  955,  960,  968,  986,  1061 
m. 

, ,  letter  to,  2,  4,  8,  20, 

30,  31,  41,  44,  46,  68, 112, 120, 122, 
126,  131,  139,  142,  161,  167,  171, 
179,  179  iv,  183,  186,  187,  194 1, 
197,  199,  200,  207,  221,  227,  239, 
262,  281,  291,  294,  297,  310,  315, 
319,  321,  324,  326,  327  i,  341,  342, 
346,  347,  358  iv,  367,  389,  397,  417, 
427,  430,  433,  438,  440,  444 1, 
450,  453,  456,  476,  484,  489,  492, 
496-498,  508,  518,  523,  526,  527, 
557,  571,  573,  577,  596,  598 n, 


Pelham,  Holies,  Duke  of  Newcastle— contd. 
letter  to — conbl. 

605,  611,  621,  622,  626,  631,  641  i, 
643,  647,  652,  653,  655,  656,  658, 
660,  663,  664,  668,  679,  684,  690 
691,  699,  701,  702,  704,  719,  743 
747,  773,  775,  779,  781,  787,  797, 
798,  807  i,  u,  811,  813,  823,  827, 
829,  831,  838,  844,  855 1,  857 1, 
862,  866,  887,  889,  896,  903,  909, 
913,  917,  925,  927,  932,  935,  939, 
951,  961,  962,  964,  978,  988,  995, 
1004,  1006,  1012,  1019,  1032,  1038, 
1043,  1046,  1049,  1050. 

,  . . .  . , ,  minute  by,  26  I. 

,  . . . . ,  document  signed  by, 

54,  73-86,  96,  132,  141,  493,  629, 
645,  673,  703,  709,  749,  803-805, 
820,  824,  894. 

,  . . . . ,  memorial  to,  292,  355, 

360,  362,  375,  379,  386,  442. 

,  . . . . ,  . . . . ,  representations        to, 

536. 

,—,891. 

Penhallow,  Samuel,  Councillor,  N.H.,  93, 
122  i. 

,John,    Capt.,    Councillor,    N.H., 

649,  649  n,  751,  756. 

,  James,  649. 

, Councillor,  N.H.,  resigna- 
tion of,  751. 

Penn,  Springett  and  Hannah,  Proprietors 
and  Governors  of  Pennsylvania, 
instructions  to,  287. 

Pennant,  — ,  Chief  Justice,  Jamaica,  392. 

PENNSYLVANIA,  Act,  1729,  for  emitting  of 
£30,000  in  bills  of  credit,  for  the 
better  support  of  Government  and 
the  Trade  of  this  Province,  referred, 
842. 

,  Customs,  Collector  and  Comp- 
troller of  at  Philadelphia.  See 
Moore,  J. 

,  Governor.     See  Gordon,  P. 

,  Irish  settlers  in,  932. 

Lt.  Governor.     See  Keith,  Sir  W. 

Palatines  in,  380. 

,  . . .  . ,  manufacture    of    linen    by, 

504. 

Perkins,  Stephen,  document  signed  by, 
917  n. 

Perry,  Micajah,  document  signed  by, 
352  m,  593. 

,  .....M.P.,  46,  53. 

,  Richard,       Gunner,       document 

signed  by,  303  n. 

,  Alderman,  letter  from,  511. 

Peter,  William,  Capt.,  document  signed 
by,  281  xiv. 

Pheasant,  pink,  capture  of,  654,  655 1, 
7791. 


618 


IXDEX. 


Phenney,  George,  Governor  of  the  Bahama 
Islands,  228,  384,  965. 

,  .  . .  . ,  queries   to,   from   Board  of 

Trade,  replies  to,  HOi. 

, .letter  from,   110,   112,  441, 

442,  474,  622,  623,  691,  692. 

,  letter  to,  193. 

,  •  •  •  • ,  Attorney  to.     See  Jackson, 

C. 

, ,  behaviour  of,  358,  358  I. 

,  .  . .  .,  complaint  against,  371,  373, 

383. 

,  .  . .  . ,  .  .  .  . ,  representation     upon, 

4081. 

,  .  . .  . ,  testimony  to,  371. 

,  .  .  .  . ,  wife    of,    trading    by,    and 

conduct  of,  358 1,  371,  373,   383, 
384,  408  i. 

,  . . . . ,  representation     upon, 

408i. 

,  .  . .  . ,       Captain,        Independent 

Company,  Providence  I.,  420. 

,  . . . . ,  representation  by,  383  I. 

,  .  . . . ,  unlawful     proceedings      of, 

358  iv. 

Philipeaux,  M.  de,  1032. 
Philipps,  Richard,  Col.,  Governor  of  Nova 
Scotia  and  Placentia,  302,  317. 

,  . . . . ,  Commission  of,   105,  319  i, 

n,  332,  340. 

,  . . . . ,  . . . . ,  partial  revocation  of, 

708,  708  i. 

,....,  Instructions  for,    105,    118, 

296,  319  in,  333,  360  n,  729,  801. 

,  . . . . ,  petition  of,  213  i. 

,  .  . . . ,  . . .  . ,  representation     upon, 

227  i. 

,  . . . . ,  . . . . ,  .  . . . ,  referred,  27. 

, ,  letter  from,   440,  652,  693, 

917-919,  994-996. 

, ,  letter  to,  395,  424,  917  m. 

,  proceedings  of,  relating  to 

the  Fishery,  440. 

,  .  . .  . ,  Address  to,  917  I,  n. 

Philipse,  Adolphus,  Speaker  of  Assembly, 

N.Y.,  document  signed  by,  966  I. 
Phillips,    Francis,    document   signed    by, 

773  vi. 

Phipps,  Francis,  Col.,  Governor  of  Virgin 
I.,  24. 

,  . . . . ,  Councillor,  St.  Christopher, 

561  i-iv,  713,  908. 

,  . . . . ,  .  . . . ,  deposition   of,   320  i, 

n. 
,  . . . . ,  . . . . ,  letter    from,     561,  n, 

IV. 

,  Sir  William,  expedition  of,  against 

New  York,  539. 
Pile,   Francis,   document   signed   by,  773 

VI. 


Pilgrim,  Judge,  20. 

,  Joseph,  Councillor,  Barbados,  pro- 
posed, 314. 

, .approved,  330,  331. 

Pilkington,  Thomas,  depositions  of,  28. 
Pinge,  Joseph,  document  signed  by,  518 

IV. 

Pirates,  Commissions  for  trying,  439,  443, 
449,  464,  470,  475,  486,  491. 

,  expedition  against,  281  vi,  vu. 

,  French,  ships  captured  by,  641, 

641  m,  766. 

,  Puerto  Rico,  a  nest  of,  698. 

Piscataway,  Naval  Officer  at.     See  Bacon, 

D. 
Pitt,  John,  Capt.,  Lt.  Governor,  Bermuda, 

699. 
,  .  . .  . ,  Instructions     to,     183  i,  II, 

283,  399. 

,  . . . . ,  . . .  . ,  approved,  266. 

, ,  letter  from,  438,  457,  497, 

677-679,  822,  823,  829,  887,  888, 

933,  942. 

, ,  letter  to,  782,  884. 

, ,  petition  of,  943-945. 

,  . . . . ,  document  signed  by,  943- 

945. 

Pitts,  John,  deposition  of,  790. 
PLACENTIA.     See   under   Nova    Scotia. 
Plaisted,  — ,  670 1. 
PLANTATIONS,  THE. 
,  Act  for  the  preservation  of  white 

and  other  pine  trees,  234 1. 

,  . . . . ,  . . .  . ,  evasion  of,   547  in. 

, for  giving  further  encourage- 
ment to  the  importation  of  Naval 

Stores,  234 1,  651. 
,  to  prevent  the  exportation  of 

wool  out  of  the  Kingdoms  etc.,  504. 
,  . . . . ,  for  ascertaining  the  price  of 

coins  etc.,  867. 
,Bill    (1725)    for    taking    off   the 

enumeration  of  rice,  873. 

,  Councillors,  appointment  of,  469. 

,  Ecclesiastical  jurisdiction  in.    See 

London,  Bishop  of. 
,  fisheries    in,    discouragement    of, 

order  against,  1036,  1036 1. 

,  Governors  of,  queries  to,  1011. 

,  manufactures,      silk,      linen      or 

woollen,  enquiry  as  to,  466,  481. 

,  reply  to,  482,504. 

,  . . . . ,  wool  and  flax,  account  of, 

490. 

,  . . . . ,  potash  and  pearl  ash,  en- 
couragement of,  847,  847  i-iv. 

,  maps  of,  proposed,  1008. 

,  merchants  trading  to,  letter  from, 

867. 
,  military  aid  from,  value  of,  539. 


INDEX. 


619 


PLANTATIONS,  THE — contd. 

,  naval     stores     in.      See     Naval 

Stores. 
,  pig  iron,  free  export  of,  proposed, 

94. 
,  .  . .  . ,  imported   from,    duties   on, 

account  of,  requested,  113. 
,  pitch,  tar,  resin  and  turpentine, 

imported  from,  account  of,  re- 
quested, 579. 

,  .  . .  . ,  account  of,  583. 

Royal  Family,  prayers  for,   144, 

169,  183,  273,  287. 

,  .  . .  .,  proposals  as  to,  513  n. 

ships,   seizure   of,    under   articles 

of  Treaty  of  Peace,  opinion  of,  230. 
Spain,  claims  of,  and  depredations 

by,  191. 

,  state  of,  discourse  on,  513  n. 

,  Treaty  of  Neutrality  1686,  with 

the  French  in  America,  5th  and  6th 

Articles    of,    instructions    relating 

to,  238. 

,  . . . . ,  referred,  195. 

,  woods  in,   preservation   of,   133; 

and  see  Woods,  H.M.  in  America. 
Plaxton,    George,    Treasurer,    Barbados, 

document  signed  by,  657  vi-xiv. 
Plowman,  Lieut.,  death  of,  186. 
Plymouth,  ship,  895. 
Plymouth,  Mayor  of,  letter  to,  461. 
Plymouth,  H.M.S.,  689. 
Pocobueno,  Mons.,  memorial  of,  1055. 
Poins,  — ,  2. 
Poland,  Protestant  families  of,  settlement 

of,  proposed,  847  n. 
Pollard,  John,  document  signed  by,  518 

IV. 

,  Benjamin,  affidavit  by,  649  n. 

Pollock,  Thomas,  Councillor,  N,  Carolina, 
document  signed  by,  515  iv. 

Poole,  Mayor  of,  memorial  of,  720. 

, ,  letter  to,  461,  721,  819. 

,  Mayor  and  merchants  of,  letter 

from,  595. 

,  Collector  of  Customs  at,  instruc- 
tions to,  818  i,  n. 

Popple,  Alured,  Secretary  of  Council  of 
Trade  and  Plantations,  104,  298, 
782. 

, ,  letters  from,  9,  10,  33,  35- 

37,  40,  56,  58,  59,  64,  70,  71,  100, 
107,  113,  140,  157,  158,  164,  173, 
182,  192,  195,  202,  225,  234,  235, 
296,  311,  313,  349,  350,  354,  381, 
382,  416,  421,  458,  460,  461,  467, 
552,  579,  588,  597,  599,  606,  609, 
624,  632,  687,  696,  711,  714-717, 
720-723,  741,  746,  755,  758,  763, 
768,  769,  771,  777,  784-786,  806, 


Popple,  Alfred,  letters  from — coiitd. 

812,  814,  816,  819,  825,  826,  828, 
842,  970,  971,  981,  1009-1011, 
1028,  1029,  1047. 

, ,  letters  to,  5,  13,  39,  62,  65, 

92,  93,  103,  114,  116,  117,  143,  166, 
205,  209,  217,  220,  224,  226,  233, 
305,  318,  320,  345,  348,  353,  359, 
371,  380,  388,  401,  405,  411,  432, 
435^37,  461,  477,  479,  480,  482, 
486,  512,  543,  556,  560,  564,  570, 
575,  591,  601,  603,  627,  630,  633, 
649,  662,  683,  686,  688,  697,  700, 
710,  724,  753,  815,  818,  840,  841, 
847,  863,  883,  886,  892,  908,  920, 
928,  934,  940,  941,  950,  952,  959, 

966,  972,  985,  993,  1018,  1033, 
1034,  1034  n,  1037,  1039,  1045, 
1061. 

,  William,  letter  to,  322. 

Porter,  Edmund,  Judge  of  the  Admiralty, 

N.  Carolina,  968. 

,  .  . . . ,  complaint  against,   184 1. 

, ,  letter  from,  573,  772,  999, 

1038. 

Porto  Bello,  Spanish  ships  at,  605. 
Portorico.     See  Puerto  Rico. 
Portugal,  export  of  timber  to,  564. 
Postmasters  General,  letter  from,  575. 
Poynz,  — ,  1053. 
Prerogatives  of  the  Crown,  infringements 

of,  165 1,  170,  172,  817. 
Price,  — ,  335. 

Princess,  snow,  capture  of,  625. 
Privy    Council,    The ;     and    see    George, 

King ;    Lords  Justices. 

,  President  of.     See  Townshend,  C. 

,  Clerk  of.    See  Stanyan,  T. ;  Hales, 

R. ;   Southwell,  E. ;   Vernon,  J. 

,  Committee  of,  letter  from,  941. 

,  . . . . ,  . . . . ,  notes  for,  946. 

, ,  letter  to,  115,  504,  705,  708, 

783,  858,  869,  893,  969,  1005,  1013. 
,  reference  to,  271,  272,  309, 

502,  644. 
,....,  Order     of,    238,    302,    365, 

466,  580,  582,  665,  680,  681,  707, 

740,  807,  854-857,  937,  947,  949, 

967,  1007,  1035,  1036,  1069. 

, ,  Minutes  of,  936,  953. 

,  . . .  . ,  Report    of,    on    Newfound- 
land, 666. 

, Council  of  Trade  to  attend 

the,  1033. 

, reference  to,  270,  309,  1020. 

,  . . . . ,  proposal  to,  by  Council  of 

Trade,    concerning    Massachusetts 

Bay,  969  i,  1000. 
, for  the  Irish  Bills  and  affairs 

of  Carolina,  letter  to,  130. 


620 


INDEX. 


Providence,  pink,  384. 

Puerto  Rico,  French  trade  at,  34. 

,  expedition  against,  proposed,  698. 

,  description  of,  698. 

,  "  a  nest  of  Pirates,"  698. 

Pulteney,  Daniel,  mission  of,  194. 

,  letter  from,  1053  vn. 

Purey,  — ,  grant  to,  115. 

Pusey,  Pusy,  William,  Councillor,  Jamaica, 

500,  533. 
, ,  absentee,     205,     342,    462, 

557. 

,  . . . .,  imprisonment  of,  507. 

Pym,  Charles,  Councillor,  St.  Christopher, 

320,  908. 


Quarme,  Walter,  deposition  by,  324  II. 

Quakers,  495,  669,  1057. 

,  in  New  York,  669. 

Quebec,  1019. 

,  Governor  of,  consulted  by  In- 
dians, 1019. 

,  . . . . ,  Loron  sent  as  messenger  to, 

974,  1019,  1045,  1049. 


R. 


Ramsden,  William,  Act  for  encouragement 
of  etc.,  453. 

Randolph,  John,  Clerk  of  House  of  Bur- 
gesses, Virginia,  241,  261,  262. 

,  . . . . ,  Clerk  of  Council,  and  Agent 

of  Virginia,  letter  from,  562. 

William,  Col.,  Councillor,  Vir- 
ginia, recommended  for,  55,  190. 

., ,  appointed,  67,  96. 

Randolph,  ship,  641. 

Raphe  and  Denn,  Messrs.,  625. 

Ratcliffe,  Dr.,  796. 

Raymond,  H.,  document  signed  by,  352 
m. 

Reddich,  Henry,  Capt.,  R.N.,  166. 

Reed,  William,  Councillor,  N.  Carolina, 
document  signed  by,  515  iv. 

Reeve,  Thomas,  opinion  of,  667  n,  in, 
761,  761 1,  762  i,  862  n. 

RHODE  ISLAND,  woods,  preservation  of, 
156 1,  267,  286. 

,  ship  of,  taken  by  Spaniards,  233, 

233  i-rv. 

,  Governor  and  Company  of,  In- 
structions to,  267,  268,  286,  287, 
289. 

.Charter  of,  828. 

,  Agent  for.     See  Partridge,  R. 


Rich,  Henry,  Earl  of  Holland,  grant  to, 

291  i. 
,  Robert,  Earl  of  Warwick,  grant 

to,  291  i. 

Richard,  Paul,  letter  from,  520. 
Richard  and  William,  brigantine,  seizure 

of,  661. 

,  .  . .  . ,  affidavit  concerning,  661  I. 

Richards,  William,  917,  917  iv. 

Richardson,  John,  gunner,  159. 

Richmond,  sloop,  185. 

Ridley,  John,  34. 

,  .  . .  . ,  deposition    of,    34  I,    41  n, 

194  n,  294 1. 
Riggs,  John,  Col.,  pay  of,  295. 

,  ....,  death  of,  520,  523. 

,  Richard,  Capt.,  800. 

,  . . .  . ,  posted  to  Company,  N.Y., 

520,  523. 
Roberts,    John,    Councillor,    Montserrat, 

167  i. 

— ,  Capt.,  384. 

Robertson,  Robert,  Minister,  Nevis,  docu- 
ment signed  by,  159. 
,  William,  Naval  Officer,  Virginia, 

document  signed  by,  351  m,  vn, 

796  v. 
Robinson,  Peter,  petition  of,  386  I. 

,  Ebenezer,  petition  of,  386  I. 

Roe,  Robert,  case  of,  28. 

Roecx,  Everard,  Governor  of  St.  Eustatia, 

684. 
Rogers,  Woodes,  Capt.,  late  Governor  of 

the  Bahama  I.,  letter  from,  352  i. 
,  . . . . ,  petition  of,  for  restoration, 

352  n. 

,  . . . . ,  testimonial  to,  352  in. 

,  .  . . . ,  Captain,  Independent  Com- 
pany, Providence  I.,   Commission 

as,  420. 
,  . . . .,  Governor  of  the  Bahama  I., 

appointed,  425. 

,  .....  Commission    for,    as    Gov- 
ernor, approved,  501. 
,  . . . . ,  . . . . ,  warrant  for,  copy  of, 

506. 
, ,  letter  from  660,   676,   699, 

964,  965. 

,  letter  to,  660 1,  763. 

,  . . .  . ,  Instructions     to,     701 1,  n, 

759. 

.,  . . . .,  . . . .,  approved,  737. 

,  . . . . ,  petition  of,  1054. 

Rollos,  John,  engraver,  warrant  to,  673. 
Rose,  H.M.S.,  686,  700,  716 1,  917,  994. 
Rouen,  Merchants  of,  settlement  founded 

by,  in  Newfoundland,  870. 
Rowes,  R.,  document  witnessed  by,  437 

n. 
,  Esther,  document    witnessed    by, 

437  n. 


INDEX. 


621 


Royal    African    Company,    report    upon, 

514. 

Royal  Prince,  ship,  233  I,  1061 1. 
Ruaux,  M.  des,  letter  from,  1053  m. 
Rudder,    Philip,     document    signed    by, 

518  iv. 

Rudge,  Thomas,  memorial  of,  276. 
Ryswyk  (Reswick),  Treaty  of,  285. 


S. 


St.  Augustine,  291  i. 

,  Governor     of,     charges     against, 

281,  281  xn. 

,  Indians,  281. 

,  Spaniards  at,  hostilities  by,  281, 

281  xn  (a-c). 

,  . . . . ,  negroes  harboured  by,  281. 

,  proclamation    at,    effect    of,    on 

negroes,  539. 

,  privateers  from,  556. 

ST.   CHRISTOPHER   (St.   Kitts) ;    and  see 

Leeward  I. 

,  Act  against  covenous  and  fraudu- 
lent conveyances  and  for  a  Public 
Registry,  13. 

report  upon,  12. 
representation  upon,  69. 
. . . . ,  referred,  90. 
confirmation  of,  265. 
to  subject  all  produce  etc., 
of  the  late  French  part  exported, 
to  the  4J  p.c.  duties,  etc.,  17,  406. 
. ,  . . .  . ,  . . . . ,  confirmation   of,   770, 
878. 

. ,  .  . .  . ,  for  erecting  a  new  office  for 
registering  deeds,  wills  and  con- 
veyances, petition  against,  referred, 
91. 

. ,  . . .  . ,  for  settling  £2000  on  Governor 
Hart  etc.,  320  v,  494. 

., , ,  repeal  of,  24, 157,  264. 

. ,  .  . .  . ,  .  . . . ,  . . .  . ,  opinion  on,  170. 
. ,  .  . . . ,  . . . . ,  .  .  .  . ,  disallowance  of, 
proposed,  172. 

. ,  .  . . . ,  . . . . ,  .  . .  . ,  Order  for,  peti- 
tion for,  165 1. 

.,....,....,....,....,  publication 
of,  308. 

. , ,  referred,  597. 

. ,  . . . . ,  . . . . ,  opinion  on,  612. 
. ,  . . . . ,  .  . . . ,  confirmation    of,     re- 
commended, 636. 

. ,  . . .  . ,  for  laying  duties  upon  sugar 
etc.,  exported,  494,  809. 
.,  . . .  .,  . . . .,  referred,  597. 
.,  .  . .  .,  .  .  . .,  opinion  on,  612. 


ST.  CHRISTOPHER  (St.  Kitts) — contd. 

Act  for  laying  duties  upon  sugar  etc. — contd. 

,  . . . . ,  . . .  . ,  petition  against,    760, 

783. 

,  . . . . ,  . . . . ,  act   for    supplying    a 

defect  in,  809. 

,  . . . . ,  . . . . ,  opinion  of,  612. 

,  . . . . ,  . . . . ,  petition  against,  760, 

783. 

,  . . . . ,  1724,  for   building   a   court 

house  etc.,  confirmation  of,  778. 

,  . . .  . ,  for    regulating    vestries   and 

erecting  into  parishes  those  parts  of 
this  Island  formerly  belonging  to 
the  French  etc.,  24,  713. 

,  . . . . ,  . . .  . ,  referred,  157. 

,  . . . . ,  . . . . ,  opinion  on,  232. 

,  . . . . ,  .  . .  . ,  ambiguity  of,  529. 

,  . . .  . ,  to  enable  the  several  parts  of 

this  island  formerly  belonging  to  the 
French  to  .choose  and  send  Repre- 
sentatives to  serve  in  the  Assemblies 
etc.,  157. 

,  ...  .,for  declaring  in  what  specie 

the  duty  commonly  called  the  three 
shilling  duty  shall  be  paid,  157. 

,  . . . . ,  for  ascertaining  the  number 

of  Assemblymen  etc.  and  repealing 
the  Act  of  1711  for  preserving  the 
freedom  of  elections  etc.,  objections 
to,  181. 

,  ... .  ,for  raising  a  tax  on  negroes 

for  erecting  a  Court-house  in  the 
town  of  Basseterre  etc.,  and  repeal- 
ing the  act  of  1724  etc.,  809. 

,  .  . . . ,  .  . . . ,  referred,  786. 

, ,  opinion  on,  849. 

,  ...  .,for  raising  a  tax  on  slaves 

and  house-rents  for  building  a  wall 
to  complete  Charles  Town,  etc.,  809. 

, , .referred,  786. 

,  . . .  . ,  . . .  . ,  opinion  on,  849. 

,  .  . . . ,  for  establishing  a  market  at 

Basseterre  etc.,  referred,  786. 

,  .  . . . ,  . . . . ,  opinion  on,  849. 

, to  regulate  the   militia    etc., 

809. 

,  . . . . ,  . . . . ,  opinion  on,  849. 

, ,for  settling  £2000  a  year  on 

Governor  Lord  Londonderry,  494, 
809. 

,  . . . . ,  . . .  . ,  referred,  597. 

,  . . . . ,  . . . . ,  opinion  on,  612. 

, , ,  disallowed,  877. 

,  Acte,  passed,  685. 

,  Addresses     to     the     King     and 

Governor,  24  i-m. 

,  Agent     of.      See     Dupont,     S.  • 

Beake,  T. 

,  Assembly,  24. 

,  Address  of,  163,  163  I. 


622 


INDEX. 


ST.  CHRISTOPHER  (St.  Kitts) — contd. 

Assembly — contd. 
,....,  Minutes,    116  n,    117  in,  v, 

809. 

, ,  Clerk  of.     See  Griffes,  J. 

,  •  •  •  . ,  Speaker  of.     See  Mills,  M. 

,  Attorney  General.     See  Warner, 

A. 

,  Basseterre,  786,  809. 

,  Bill  for  ascertaining  the  number 

of  Assemblymen  to  represent  the 

French  lands,  objections  to,  529, 

529  i. 

,  Brimstone  Hill,  24  m. 

,  Burials  in,  24  vn,  494  i-vi. 

Chief  Justice.     See  Greathead. 

Christenings  in,  24  vn,  494  i-vi. 

.Council,   Minutes,    116i,   n,    117 

in,  494,  809. 
,  .  . .  . ,  Presidentship    of,    right  to, 

561,  561  i-iv. 
,  Councillor.      See     Warner,      E.  ; 

Milliken,  J.  ;   Soulegre,   P.  ;    Pym, 

C. ;    Mann,  E. ;    Burt,  P. ;    Bourr- 

yeau,  J.  ;   Garnett,  J.  ;   Smith,  W.; 

Estridge,  J.  ;    Phipps,  Col.  ;    Hel- 

den ;      Willett,     R.  ;      McDowall ; 

Payne,    C.  ;     Liddell ;     Millward  ; 

Douglas,  J. ;   Fleming,  G.  ;   Paine, 

A.  ;   Willett,  J. 
,  Councillors,  appointment,  method 

of,  561  I. 

,  ....,listof,  809  i  (a). 

,  deeds,  registration  of,  69. 

,  fortifications,    24  in,    iv,    116  n, 

m. 
,  Governor,    arrangements    in    the 

event  of  the  death  or  absence  of, 

24. 

,  lands,   the  French,   sale  of,  com- 
pleted, 125. 

,  mortgages,  registration  of,  69. 

,  records,  destruction  of,  821. 

Sta.  Cruz,  settlement  of,  664,  790  i,  821. 
,  former  possession  of,  by  French, 

821. 

,  right  to,  821. 

St.  Domingo,  (formerly  called  Hispaniola), 

settlement  of,  from  Sta.  Cruz,  821. 

,  described,  1032. 

St.  Eustatia,  Island  of,  684. 

,  Governor  of.     See  Roecx,  E. 

,  late  Governor  of.     See  Lindesav, 

J. 

St.  John's  I.  See  under  Nova  Scotia. 
St.  Loe,  John,  Commodore,  155,  346. 
, ,  letter  from,  38  I,  97,  143, 

179  n. 
, ,  .  .  .  .,  testimony  to,  199. 


St.  Loe,  John,  Commodore — contd. 

,  orders  to,  394,  1055. 

, ,  death  of,  690,  896. 

STA.  LUCIA,  abandonment  of,  2. 

,  grant  of,  to  Duke  of  Montagu,  2, 

29,  29  i,  802. 

,  . . .  .,  1720,    to   Marshal   d'Etree, 

1053. 

,  patent  of,  2. 

,  .  .  .  . ,  surrender  of,  proposed,  68  I. 

,  French  at,  1034  n,  1053  i. 

,....,  danger   from,   34,   41,   312, 

393,  526,  802,  1053. 

,  claim  to,  by  French,  194. 

,  Deputy  Governor.     See  Uring,  N. 

,  Indians,  34. 

,  ships  taken  at,  by  French,  1053 

in. 

,  title  to,  1053  vi. 

,  letter  relating  to,  from  Conseil  de 

Marine,  1053  vm. 
ST.  VINCENT,  claim  to,  by  French,  194. 

,  corn,  export  of,  168. 

,  Deputy  Governor.     See  Uring,  N. 

,  French  settlers  at,   34,   34 1,   41, 

294  i,  390,  1034,  i,  n. 

, ,  danger  from,  34,  41,  1053. 

,  grant  of,  to  Duke  of  Montagu,  29, 

29 1. 

,  Indians  at,  34,  34  i,  390,  1034  i, 

II. 

,  Negroes  at,  34,  34  I,  390,  1034  I, 

n. 

,  patent  of.  surrender  of,  proposed, 

68  i. 

,  tobacco,  34  I. 

Salem.     See  Massachusetts. 
Salmon,  — ,  1017. 
Samuel,  ship,  lost,  384. 

,  brigantine,  411. 

Sanderson,  Richard,  Councillor,  N. 
Carolina,  document  signed  by, 
515  iv. 

Saunders,  Samuel,  807  v. 
Savoy,  John,  letter  from,  656. 
Savy,  John,  statement  by,  396. 

,  — , 1037. 

Schenckingh,  Benjamin,  Councillor,  S. 
Carolina,  document  signed  by, 
568,  807  n. 

Schutz,  Augustus,  Hon,  letter  to,  534. 
Scrope,  John,  Secretary  of  the  Treasury, 
24. 

, ,  letter  to,  33,  234,  769,  806, 

981,  1029. 

, ,  letter  from,  874,  966. 

Sharpe,  John,  159. 

,  William,  letter  from,  1033. 

,  .  .  .  . ,  President  of  Council,  Bar- 
bados, complaint  against,  363  in, 


INDEX. 


623 


Shelton,  Richard,  Secretary  to  Lords 
Proprietors  of  S.  Carolina,  grant 
to,  115. 

,  .  . .  . ,  document  signed  by,  211. 

Sherburn,  Henry,  Councillor,  X.H.,  122  I. 
Ships,  list  of: — 

Adventure. 

AWborough,  H.M.S. 

Althea. 

America,  ship. 

Anne,  brigantine. 

Anne,  ship. 

Antonio,  sloop. 

Bahama,  galley. 

Berwick,  H.M.S. 

Bideford,  H.M.S. 

Bredah,  H.M.S. 

Cassandra,  pirate  ship. 

Catalan,  Spanish  ship. 

Cord,  ship. 

Deal  Castle,  H.M.S. 

Dolphin,  ship. 

Dolphin,  H.M.S. 

Dragon,  schooner. 

Dunkirk,  H.M.S. 

Eagle,  brigantine. 

Elizabeth,  snow. 

Endeavour,  sloop. 

Experiment,  H.M.S. 

Faro  Merchant,  ship. 

Fox,  H.M.S. 

Francis  and  Rebecca,  ship. 

Guardland,  H.M.S. 

Hanover,  brigantine. 

Happy,  H.M.S. 

Jolly,  sloop. 

Joseph,  ship. 

Killmiston,  ship. 

K insole,  H.M.S. 

Lark,  H.M.S. 

Leopard,  H.M.S. 

Lndlow  Castle,  H.M.S. 

Lyon,  H.M.S. 

Maxwell,  ship. 

Oxford,  H.M.S. 

Palmer,  privateer. 

Pheasant,  pink. 

Plymouth,  ship. 

Plymouth,  H.M.S. 

Princess,  snow. 

Providence,  pink. 

Randolph,  ship. 

Richard  and  William,  brigantine. 

Richmond,  sloop. 

Rose,  H.M.S. 

Royal  Prince,  ship. 

Samuel,  ship. 

Samuel,  brigantine. 

SoZeftaz/,  H.M.S. 

Squirrel,  H.M.S. 

Success,  H.M.S. 


Ships,  list  of — confeJ. 

Triumph,  ship. 
TMX>  Friends,  brigantine. 
Wanton,  ship. 
William,  ship. 
U't'/Zia/n  Augustus,  H.M.S. 
Shott,     William,     Gunner,     Bahama     I., 

document  signed  by,   110  in,  623 

ra. 
Shute,  Samuel,  document  signed  by,  352 

m. 
,  . . .  . ,  Governor  of    Massachusetts 

Bay  and  New  Hampshire,  salary 

of,  52. 

,  .  . . . ,  . . . . ,  letter  from,  93. 

, , ,  letter  to,  481. 

,  . . . . , Instructions    to,     122 

i,  n. 

,  Col.,  complaint  of,  921 1. 

Skeffington,  George,  940  i. 

Skene  (Skeen),  Alexander,  Councillor,  S. 

Carolina,  459  i,  807  v. 
,  . . . . ,  document   signed    by,    568, 

807  n. 
Skinner,  Skynner,  — ,  Bahama  Company's 

Factor,  373. 
,  captured  by  Spaniards,  292, 

384. 
Slade,  Arthur,  Surveyor  of  Woods,  483, 

547  i,  564,  564  I,  627  I,  892  i. 
,....,  letter     from,     517,     564  n, 

670  n,  855  m. 
Sloane,  Hans,  document  signed  by,  352 

m. 
Sloper,    William,    document    signed    by, 

•      352  in. 

Smalwood,  Capt.,  murder  of,  281. 
Smith,    Wavell,    Secretary    and    Clerk  of 

the  Crown,  Le:-ward  I.,  713,  809  i 

(b). 

. ,  . . . . ,  patent  of,  24. 

,  . . . . ,  objection  of,  to  Act  of  St. 

Christopher,  24,  24  v. 

,  . . . . ,  emoluments  of,  69. 

,  .  . . . ,  petition  of,  91. 

,  .  . .  .,  letter  from,  181. 

, ,  duties  of,  318. 

,  .  . . . ,  Councillor,  St.  Christopher, 

494,  496,  809  i  (b),  908. 
,  .  . . . ,  quarrel  of.  with  Governor, 

933. 

,  James,  Secretary  of  New  Jersey, 

re-appointed,  81. 

,  . . .  . ,  petition  of,  465. 

,  Thomas,  Landgrave,  S.  Carolina, 

memorial  of,  150. 

,  .  . .  . ,  seditious  conduct  of,  459  i. 

, ,  arrest  of,  807  v. 

,  . . . . ,  S.    Carolina,    imprisonment 

of,  459  i,  498  i. 
.......  Daniel,  Councillor,  Nevis,  167, 


C24< 


INDEX. 


Smith — contd. 

Charles,  murder  of,  281. 

,  Benjamin,   document   signed   by, 

733  vi. 

Solebay,  H.M.S.  239. 
Solegard,  Captain,  R.N.,  38. 
Solicitor  General.     See  Talbot,  C. 
Sommers,   Edwin,   document   signed   by, 

1035 1. 

Soto,  Ferdinando,  291 1. 
Soulegre,  Peter,  document  signed  by,  1035 

i. 
, ,  Councillor,  St.  Christopher, 

320,  908. 

, .letter  to,  632. 

, ,  letter  from,  633. 

Southmayde,  Allen,  Justice  of  the  Peace, 

St.  John's,  appointed,  883. 

,  . . .  . ,  warrant  to,  959  i,  in. 

,  . . . . ,  letter  from,  959  n. 

South  Sea  Company,  ships  of,  seized  by 

Spain,  restitution  of,  410. 
Southwell,     Edward,     Clerk     of     Privy 

Council,  document  signed  by,  123, 

124,  133-135,  274,  309,  330,  332, 

333,    336,    352m,    807,    854-857, 

979,  982-984. 
SPAIN  and  the  SPANIARDS,  and  see  Havana, 

St.  Augustine,  Jamaica,  Bermuda, 

Virginia. 

,  Carolina,  claims  in,  291  I. 

,  depredations    of,    representations 

concerning,  533. 
,  Indians,  intrigues  with,  281,  281 

x,  xn  (a)  (b)  (c). 
,  privateers,  at  Jamaica,  185,  196, 

452,  455. 

,  . . .  . ,  for  Virginia,  261. 

,  .  . .  . ,  at  Virginia,  796. 

, ,  at  Barbados,  324-324  n. 

,  captures  by,  607,  61 8,  654- 

655  i,  779  i. 

,  ship  seized  by,  1061 1. 

,  ships,  depredations  by,  191,  233, 

233  i,  276-280,  281  vn,  282,  284, 
'  291  in,  321 1,  346,  347,  394,  450, 

566,  621,  625,  677,  822,  920  i. 

,  ships  of  war,  at  Jamaica,  555. 

,  South    Sea    Company,    ships    of, 

seized    at   Vera    Cruz,    restitution 

by,  410. 
,  timber,  export  of,  to,  564,  564  II, 

627,    627  i. 

,  Treaty  with,  281  vn. 

,  truce  by,  441. 

,  warlike  preparations  by,  601. 

,  West     Indies,     commissions     for 

privateers   for   seizing   pirates   in, 

629  II. 
Spanish  Town.     See  Virgin  Is. 


Sparkes,  John,  murder  of,  281. 
Spencer,   Thomas,   document   signed   bv 

6,  6  i. 
Spooner,    John,    Attorney    and    Solicitor 

General,  L.I.,  opinion  of,  65. 

,—,28. 

,  J.,     Speaker    of    Assembly,    St. 

Christopher,  letter  from,  117  n. 
Spotswood,  Alexander,  document  signed 

by,  352  ra. 

»  .  . . . ,  Col.,  Lt.  Governor  of  Vir- 
ginia, 72,  190,  241,  446. 

,  . . . . ,  . . . . ,  letter  from,  94. 

, , ,  letter  to,  60,  106,  481 . 

,  .  .  .  . ,  . . .  . ,  petition  of,  869. 

>  .  . .  . ,  . . .  . ,  .  . .  . ,  order  upon,  581, 

740. 
Squirrel,    H.M.S.,    166,    423 1,    686,    700, 

708  i,  725,  749,  959. 
Stables,    E.,   Cl.    Dom.  Com.,  document 

signed  by,  610. 
Stanhope,      William,      Ambassador      at 

Madrid,    Instructions    to,    233  in, 

1061  m. 
Stanyan,    Temple,    Clerk    of   the    Privy 

Council,  document  signed  by,  47- 

52,  66,  67,  90,  91,  238,  264,  266, 

269-272,  275,  302,  439,  443,  445, 

448,  451,  466,  470,  473,  478,  580- 

582,  640,  642,  707,  725,  727-736  i, 

737,  1069. 
, ,  letter  to,  101,  108,  119,  198, 

212,  240,  317,  343,  369,  391,  452, 

558,  559,  601,  693. 

Staunton,  John,  Col.,  petition  of,  535. 
Steel,  alias  Lee,  murder  by,  411. 
Stewart,  Thomas,  Earl  of  Londonderry, 

Governor  of  Leeward  I.,  92,  318; 

and  see  Antigua,  St.  Christopher. 

,  . . . . ,  appointed,  3. 

,  . . . . ,  Commission  for,  3,  1 1-1 1  n, 

14-16. 

,  .  . .  . ,  .  . .  . ,  revocation  of,    1026. 

, ,  salary    of,    51,    406,     529, 

529i,    545,    682,    748,     783,    843, 

877. 
, ,  letter  from,  127,  397  ,406, 

494,  496,  529,  529  i,  545,  577,  578, 

664,  674,  684,  790  I,  809,  844. 
, ,  letter  to,  308,  561  i,  ra,  iv, 

654,  655,  682,  713,  714. 
,  .  . .  . ,  Instructions  for,  167  II,  176, 

177,  9071,  979  i. 
,  .  . .  . ,  proposal     of,     for     settling 

Sta.  Cruz,  664,  821. 
, .death    of,    902,    903,    908, 

933,  978. 

Stirling,  James,  letter  signed  by,  300. 
Stout,  — ,  Councillor,  Jamaica,  369,   619. 
Strong,  John,  Mayor  of  Poole,  letter  from, 
595, 


IXDKX. 


025 


Subecase,  M.,  229. 

Success,  H.M.S.,  555,  888. 

Surinam,     Government      of,      complaint 

against,  374  I. 
,  Dutch     Proprietors     of,     claims 

against,  accounts  of,  374  rr-v. 

,  trade  to,  34. 

Sutton,  Edmund,  document  signed  by,  6. 
Speaker  of  Assembly,  Bar- 
bados,  document   signed   by,   363 

m. 

Swartz, — ,  grant  to,  115. 
Swymmer,     Swymer,     Anthony,     Coun- 

tillor,  Jamaica,  369,  619. 
Sybourg,  — ,  24. 
Symes,  Lancaster,  Major,  death  of,  653, 

889. 
,  Samuel,     document     signed     by, 

1035  i. 


T. 


Talbot,  Charles,  Solicitor  General,  refer- 
ence to,  195,  313,  609,  723,  865. 

, ,  opinion  of,  230,  357,  634. 

Tannatt,  Edmund,  D.P.M.,  document 
signed  by,  28. 

Taverner,  William,  Capt.,  letter  from,  928. 

Tayler,  — ,  grant  to,  115. 

Taylor,  Robert,  document  signed  by, 
518  rv. 

,  William,    document    signed    by, 

518  rv. 

,  John,         Councillor,        Virginia, 

nominated,  641. 

Terrill,  Michael,  document  signed  by, 
773  vi. 

Thomas,  George,  Act  for  securing  title  of, 
23,  472. 

,  . . . . ,  Councillor,  Antigua,  167. 

,  .  . .  . ,  Speaker   of  Assembly, 

Antigua,     document     signed     by, 
8861. 

,  Major,  Councillor,  Antigua,  pro- 
posed, 127. 

,  Walter,  Rev.,  906. 

,  . . . . ,  document  signed  by,  494  v. 

,  Peter,  case  of,  28. 

,  Crooke,     document     signed     by, 

1035 1. 

Thompson,  Col.,  540. 

Thorout,  Penobscot  Indian,  document 
signed  by,  1045  i. 

Tilson,  — ,  773. 

Timmer,  Thomas,  naturalization  of,  1068. 

Tinley,  William,  Clerk  of  Council,  S. 
Carolina,  document  signed  by, 
200  v,  vi. 

Wt.1525 


TOBAGO,  British  title  to,  2  rv. 

claims  to,  2. 

,  fortifications  of,  68  I. 

,  grant  of,  right  to,  2  v. 

,  . . .  .,  to  Duke  of  Montagu,  pro- 
posed, 29  n,  131  i. 

,  . . . . ,  . . . . ,  effect   of,   enquiry   as 

to,  109. 

,  . . .  . ,  . . . . ,  petition  for,  2  I,  29. 

, , , ,  referred,  272. 

,  .  . . . ,  . . . . ,  ...'.,  representation 

upon,  68  i. 

,  . . . . ,  . . . . ,  .  . . . ,  report  on,   272, 

1034  n. 

,  planters,    exemption    from    duty 

payable  by,  proposed,  68 1. 

,  settlement  of,  26. 

,  sugar,  cultivation  of,  131  I. 

Todd,  John,  document  signed  by,  518  rv. 

Toppan,  Christopher,  claim  of,  929  I,  932. 

Torrington,  Lord,  a  Lord  Commissioner 
of  the  Admiralty,  document  signed 
by,  50 1,  864  i. 

Townshend,  Charles,  Viscount,  Lord 
President  of  the  Council,  proceed- 
ings of,  relating  to  Tobago,  2. 

,  . . . . ,  Secretary  of.     See,  Delafaye, 

C. 

.letter  from,  358,  394,  513, 

584,  987,  990,  998,  1015. 

, ,  letter  to,   327  rv,  374,  408, 

409,  555,  585,  698,  918,  994,  1003, 
1014,  1022. 

,  . . . . ,  document    signed   by,   420, 

1027. 

Trade,  fur.     See  Indians,  fur  trade. 

TRADE  AND  PLANTATIONS,  COUNCIL  OF, 
appointment  of,  219. 

,  Chamber  Keeper  of.     See  Clarke, 

S. 

,  Commission  for,  218. 

,  Deputy  Secretary  of.     See  Wheel  - 

ock,  B. 

,  Instructions  for,  218. 

,  Office  of,  repairs  to,  7,  201,  354. 

,  . . .  . ,  salaries    and    expenses    of, 

27,  129,  138,  293,  299,  385,  403, 
413,  528,  542,  635,  639,  791,  808, 
910,  912,  1040,  1052. 

,  petition  to,  376. 

,  Secretary  of.     See  Popple,  A. 

,  letters,  instructions,  representa- 
tions from,  concerning  : — Antigua, 
616. 

, Bahama,  I.,  193,  408,  408  I, 

492,  492  i,  701,  701 1. 

, ,  Barbados,    154,    168,    171, 

171  I,  288,  291  v,  297,  297  i,  427, 
428,  450,  787,  810,  861,  862,  914, 
958. 

C.P.  XXXVI— to 


626 


INDEX. 


TRADE  AND  PLANTATIONS — contd. 

letters,  etc. — contd. 
, .Bermuda,    183,    183  i,   361, 

829. 

, Carolina,  291  i,  914. 

, Carolina,  N.,  811,  813. 

, ,  Carolina,  S.,  858,  1014,  1014 


.,  . . . .,  Connecticut,  156  i. 

. ,  .  . . . ,  Dominico,  1053. 

., .Jamaica,     310,     321,     375, 

375  i,  750,  751,  866,  866  i,  893,  900, 

914,  957,  1012,  1012  I,  1013. 
.,....,  Leeward  I.,  11-1  In,  41, 

139,  139  i,  167,  167 1,  713,  779, 

783,  978,  1003,  1003  i. 
. ,  . . . . ,  Massachusets   Bay,     122  n, 

156  i,  361,  426,  644,  75fi',  913,  927, 

969,  969 1,  1022,  1022  i. 
. ,  . . .  . ,  Montserrat,   853. 

., ,  Nevis,  636. 

.,  . . . .,  New  England,  626,  628  I. 
.,....,  Newfoundland,     155,     214, 

527,  527  i,  708,  739. 
. ,  . . . . ,  New  Hampshire,  122  i, 

156 1,  361,  751,  1046. 
. , ,  New  Jersey,  30,  156  i,  224, 

361,  468,  505,  817. 

., ,  New  York,  156  i,  415,  757. 

., ,  Nova  Scotia,  227,  271,  319, 

319 1,    360,   360  n,  414,  574,  631, 

631 1,    665,    704,    705,    754,    1005, 

1006. 

. ,  . . . . ,  Pennsylvania,  672. 
., ,  Plantations,  The,  118,  169, 

449,  464,  553,  1048. 
. ,  . . .  . ,  postage,  575. 
. ,  . . . . ,  Representations  to  Duke  of 

Newcastle,  memorandum  of,  536. 

., ,  Rhode  I.,  156 1. 

., ,  St.    Christopher,    68,    68 1, 

69,  163,  172,  308,  636,  770,  778. 
.,....,  St.     Vincent,     194,     194 1, 

1053. 
.,  ....,  Tobago,  68,  131,  131 1. 

,  Treasury,  H.M.,  912. 

.,  . . . .,  Virginia,  55,  600,  637,  718, 

719,  740,  742,  766,  767,  788,  869, 

914. 

.,  . . . .,  woods,  118. 
. ,  letters,    instructions,    memorials, 

orders,     petitions,    references    to, 

concerning : — 
.,....,  Antigua,     127,     128,     206, 

545,  549,  578,  654,  833,  876. 
,  Bahama  I.,  228,  358,  373, 

383,  384,  425,  441,  474,  623,  692, 

712,  937,  965. 
., Barbados,  21,  120,  162,  208, 

231,  269,  298,  325,  363,  368,  390, 

418,  422,  455,  509,  519,  530,  598, 


TRADE  AND  PLANTATIONS — contd. 

letters,  etc.,  Barbados — contd. 

657,  762,  765,  774,  832,  862  I,  in, 

880. 
,  .  . .  . ,  Bermuda,    457,    677,    888, 

945. 

, ,  Carolina,  378,  880. 

, ,  Carolina,  N.,  184,  515,  795, 

856,  857,  941,  968. 
, ,  Carolina,  S.,  357,  398,  435  i, 

459,  489,  525,  567,  568,  587,  594, 

807,   845,  987. 

,  .  .  .  . ,  Connecticut,  289. 

, ,  Jamaica,  43,  185,  189,  196, 

306,  327,  328,  344,  366,  370,  372, 

455,  554,  569,  586,  587,  594,  619, 

634,  689,  744,  835,  851,  864,  880, 

895,  953,  968,  1069. 

,  .  . .  .,  Maryland,  511. 

, ,  Leeward   I.,   51 ,   548,   790, 

821,  990. 
,  . . . .,  Massachusets     Bay,       104, 

188,  387,  404,  429,  434,  444,  485, 

572,  582,  592,  643,  643  i,  648,  707, 

745,  747  I,  748,  839,  905,  921,  926, 

931,  941,  998,  1044. 

, ,  Montserrat,  674,  834. 

,....,  Nevis,  494,  612,  680. 

,  New  England,  50,  1051. 

, .Newfoundland,  97,  423,  487, 

524,  681,  938,  1016. 
,  New    Hampshire,    59,    98, 

188,  303,  975,  998. 
, ,  New  Jersey,  52,  224,  307, 

355  i,  356,  465,  495,  613,  650,  663  I, 

669,  860. 
,....,  New    York,    52,    224,    236. 

355 1,  356,  495,  743  HI,  799,  837, 

848,  890,  947,  960,  967,  976,  989, 

1068. 
, ,  Nova  Scotia,  18,  213,  300, 

316,  333,  576,  694,  695,  789,  919, 

929,  948,  986,  996,  997,  1041. 

,  . . . .,  Pennsylvania,  661. 

, ,  Plantations,  The,  230,  513, 

847  i,  867,  982,  1008,  1036. 
, ,  St.  Christopher,  12,  17,  24, 

32,  165,  165 1,  170,  181,  232,  494, 

494,  529  i,  561,  607,  612,  618,  671, 

685,  809,  849,  902,  906. 

,....,  St.  Lucia,  29,  1053  vi. 

, ,St.  Vincent,  29. 

, ,  Tobago,    29,    61,    68,    68  I, 

89,  109. 
, .Treasury,  H.M.,   299,   608, 

639,  808,  874,  1052. 
,  .....Virginia,   45,   53,   94,    190, 

241,  261,  402,  446,  510,  511,  550, 

562,  587,  593,  594,  614,  641,  795, 

796,  880,  897, 


INDEX. 


627 


Travers,    Samuel,    document    signed    by, 

1035  i. 

Treasury,  H.M.  Reference,  letter,  refer- 
ence, memorial,  representation  to, 
27,  38,  138,  201,  275,  301,  413,  608, 
639,  767,  808,  890,  912,  966  i,  1052. 

,  Secretary  of.     See  Scrope,  J. 

,  Order  by,  365  n. 

Minute  of,  911. 

Treaty,  of  Ryswyk,  285. 

".,  of  Neutrality,  230  i,  291  ill. 

,  .  . .  . ,  opinion  on,  230. 

,  at  Madrid  (1670),  291  I,  1055. 

,  of  Utrecht,  65. 

,  .  . .  . ,  British  losses  resulting  from, 

291m. 

,  of  Seville,  memorandum  concern- 
ing, 1055. 

Trinidada,  French  trade  to,  34. 
Triumph,  ship,  plundered,  641  m. 
Trott,    Nicholas,    late    Chief  Justice,    S. 

Carolina,  letter  from,  379. 
Truman,  Thomas,  petition  of,  607. 
Tryon,    William,    document    signed    by, 

1035  i. 
,  Thomas,    document    signed    by, 

1035  i. 
Tucker,   George,   Secretary   and   Provost 

Marshal,  Bermuda,  restoration  of, 

to  offices,  49. 
,  . . .  . ,  Provost  Marshal,  Bermuda, 

warrant  for  re -appointment,  83. 
Tunckes,  Thomas,  opinion  of,  1004  I. 
Two  Friends,  brigantine,  capture  of,  607. 


U. 


Uring,  Nathaniel,  Deputy  Governor,  St. 

Lucia  and  St.  Vincent,  34. 
Utrecht,  Treaty  of.     See  Treaty. 


V. 


Vats,  — ,  grant  to,  115. 

Vaughan,   George,   Councillor,  N.H.,   93, 

122  i. 
Veraquas,  Duke  of,  claim  of,  to  Jamaica, 

in  1670,  1056. 

Vere,  Martha,  complaint  of,  373,  384. 
Vernon,  James,  Clerk  of  the  Privy  Council, 

document  signed  by,  144,  165,  176, 

364,  473,  499-503,  680,   876-882, 

937,    941,    949.    967,    1000-1002, 

1007,  1020,  1024,  1036. 

,  E.,  document  signed  by.  352  m. 

Viga,    Dionisio.    Martinez,    Governor    of 

Havana,  letter  to,  281  vn. 
, ,  letter  from,  281  vm-xi. 


VIRGINIA,   Act   for  preventing  excessive 
and  deceitful  gaming,  241. 

, for  erecting  a  lighthouse  on 

Cape  Henry,  241. 

,  .  . . . ,  .  .  .  . ,  objection  to,  740. 

,  . . . . ,  for  improving  the  staple  of 

tobacco,  241. 

,  ...  .,for  the  better  support  of  the 

dergy  etc.,  241. 

,  .  . .  . ,  for  preventing  delays  in  the 

Courts  of  Justice  etc.,  241. 

,  .  . . . ,  to  explain  and  amend  the 

act  for  declaring  the  negro,  mulatto 
and  Indian  slaves  to  be  real  estate 
etc.,  241. 

,  .  . . . ,  for  laying  a  duty  on  slaves 

imported  etc.,  241. 

,  . . . . ,  . . . . ,  petition  against,  402, 

i-m. 

,  . . .  . ,  . . . . ,  . . . . ,     representation 

upon,  742. 

,  . . . .,  . . .  .,  referred,  416. 

, ,  report  upon,  510. 

, , ,  repealed,  740,  879. 

,  .  . . . ,  for  making   more  effectual 

provision  against  invasions  and 
insurrections,  241. 

,  . . .  . ,  for  the  better  securing  the 

payment  of  levies  etc.,  241. 

, ,  for    the    better    regulating 

and  ascertaining  the  current  rates 
of  silver  coin  in  this  dominion, 
and  for  preventing  the  evil  practice 
of  cutting  foreign  gold  into  pieces, 
241. 

, ,  for    the    better    and    more 

effectual  putting  the  penal  laws 
in  execution,  241. 

,  . . . . ,  prohibiting    the    exportation 

of  grain  in  time  of  scarcity,  241. 

,  .  . .  . ,  for   establishing   the  fees   of 

certain  officers  etc.,  241. 

?  . . . . ,  for  erecting  a  town  in  each 

of  the  counties  of  Spotsilvania  and 
King  George,  241. 

,  .  . .  .,for  encouraging  adventurers 

in  ironworks,  241. 

,  .  . . . ,  for  raising  a  public  levy,  241. 

, ,for     dividing     the     County 

Henrico,  241. 

,  . . .  . ,  for  erecting  a  new  county  on 

the  heads  of  Essex,  King  and  Queen, 
and  King  William  Counties,  241. 

? ,for     killing     squirrels     and 

crows  in  the  counties  of  Accomack 
and  Northampton.  241. 

, ,for    dissolving    the    present 

vestry  of  the  parish  of  Elizabeth 
City  etc.,  241. 


628 


INDEX. 


VIRGINIA — contd. 
Act — contd. 

,  .  .  .  . ,  to  prevent  swine  running  at 

large  within  the  limits  of  the  town  of 
Norfolk,  241. 

;  •  . .  . ,  to      enable       William      and 

Thomas  Farrer  to  sell  certain  entailed 
lands  etc.,  241. 

,  .  . .  . ,  .  . .  . ,  referred,  531 . 

,  .  . .  . ,  .  . .  . ,  opinion  on,  550. 

,  .  . . . ,  . . . . ,  submitted  for  con- 
firmation, 600,  740. 

,  .  .  .  .,  .  . .  .,  confirmed,  732. 

,  .  .  .  . ,  prohibiting  the  importation 

of  stripped  tobacco,  clause  of, 
repealed,  562,  588. 

,  .  . .  .,  1726,    for   more   effectually 

preventing  the  importation  of 
tobacco  from  North  Carolina, 
application  for  repeal  of,  372. 

.,  . . . .,  1679,  prohibiting  the  im- 
portation of  tobacco  from  Xorth 
Carolina,  372. 

,  .  . .  . ,  1 705,     declaring    how    long 

judgments,  bonds,  etc.,  shall  be  in 
force  etc.  and  ascertaining  the 
damage  upon  protested  bills  of 
exchange  etc.  petition  for  repeal 
of,  593. 

,  .  . .  . ,  .  . .  . ,  disallowance  of,  re- 
commended, 637. 

,  .  . . . ,  .  . .  . ,  referred,  606. 

,  . . . . ,  . . . . ,  effect    of    repeal    of, 

opinion  on,  desired,  722. 

, 1705,     for      limitations     of 

actions  etc.,  referred,  606. 

,  . . . . ,  . . . . ,  opinion  on,  614. 

,  . . . . ,  . . . . ,  confirmation  of,  re- 
commended, 637. 

,  . . . . ,  .  . . . ,  confirmed,  731. 

,  .  . .  .,  1696,    declaring    how    long 

judgments  and  specialities  sluill  be 
pleadable,  722. 

,  . . . . ,  . . . . ,  repealed,  730. 

,  Acts  (21),  referred,  416. 

,  Agent    for.     See    Randolph,    J.  ; 

Leheup,  P. 

,  Assembly,  new,  45. 

,  . . . . ,  Address  of,  46  I. 

,  .  .  .  .,  salaries  of,  241. 

,  . . . . ,  Journals  and  Acts  of,  262. 

,  . . .  . ,  prorogued,  641  n. 

,  .  . .  . ,  Speaker  of.     See  Holloway, 

J. 

,  .....  Clerk  of.     See  Randolph,  J. 

,  Attorney  General.     See  Clayton, 

J. 

,  bankruptcy  law,  proposed,  45. 


VIRGINIA — contd. 

,  boundaries     with     N.     Carolina, 

Commissioners        appointed       for 

settling,   45,    190,   261,   573,    641, 

740,  795. 
,  .  .  .  .,  .  . .  .,  payment  of,  641,  769, 

788. 
,  .  . .  . ,  .  .  .  . ,  Journal     of,     261  in, 

515  i,  ir,  795  I. 

,  .  . .  . ,  Clergyman  with,  796. 

,  Journal   or   Field   Book    of 

Surveyors     appointed     to     settle, 

641  v. 

,  .....  settlement  of,  515. 

,  Brunswick  County,  quitrents  in, 

446,  719,  854,  854  I. 

, ,  settlement  of,  742,  788. 

,  .  . .  . ,  lands  granted  in,  869. 

,  Cape    Henry,    The   Capes,    light- 
house on,  need  for,  46  iv,  53,  190, 

512,  641,  788. 

,  ......  .  . .  . ,  Act  for  erecting,  241. 

,  . . .  .,  objections  to,  511. 

,  caterpillars,  plague  of,  261,  261  II, 

796,  796  m. 

,  Council,  Journals,  641,  796. 

,  .  . . . ,  Minutes,  45. 

,  .  . . . ,  disagreement       of,        with 

Assembly,  740. 

,  . . . . ,  Clerk  of.     See  Randolph,  J. 

,  Council      and      Assembly,      Lt. 

Governor's  speech  to,  46  iv. 

,  .  . .  . ,  .  . .  . ,  reply  to,  46  v. 

,  Address  by,  53  I,  262 1. 

,  Councillors.     See    Harrison,    N. ; 

Randolph,  W. ;   Carter,  R.  ;   Byrd, 

W.  ;    Fitzwilliam,  R. ;    Dandridge, 

W. 

,  Day  of  fasting,  proclamation  ap- 
pointing, 174. 
,  Deputy  Auditor.     See  Harrison, 

N. ;  Willis,  H. 
,  embargo  on  exportation  of  wheat, 

flour,  and  grain,  removed,  641 11. 

,  German  tenants  in,  94. 

,  Governor.     See  Hamilton,  G. 

,  grain,  exportation  of,  prohibited, 

174  (b),  261  n. 
,  hemp,    superiority    of  Virginian, 

106. 

imports,  account  of,  796  v. 

,  Indians,  45,  641,  788,  796. 

,  . . . .,  case  of  Sarah   Williamson, 

262. 

,  .  . .  . ,  danger  from,  641 . 

,  .  . .  . ,  murder  by,  796. 

,  Lt.   Governor.     See  Gooch,   W. ; 

Drysdale,  H. 
,  Merchants  trading  to,  petition  of, 

593. 
,  . . . .,  letter  from,  511. 


IXDKX. 


629 


VIRGINIA — contd. 

,  Militia,  regulation  of,  788,  796. 

,  Naval  Officer.  See  Robertson, 

W. 

,  naval  stores  in,  94. 

Negroes,  94,  241. 

,  .  . .  . ,  importation  of,  351  l-vil. 

,  . . .  . ,  duties  on,  effect  of,  510. 

,  . . .  . ,  escape  of,  796. 

, riots  by,  641. 

Officers,  Military,  list  of,  796. 

, .Public,  list  of,  897  I. 

,  Point  Comfort  Battery,  repair 

of,  46  iv. 

,  Rappahannock  River,  right  of 

granting  lands  on  head  of,  796. 

,  Receiver  General.  See  Gryrues, 

J. 

,  revenue,  45,  46  in,  196. 

,  .  . . . ,  account  of,  261  iv,  v,  641  iv, 

796 1,  n. 

,  sailors,  desertion  of,  proclamation 

concerning,  174. 

seals,  880,  922. 

,  Spotsylvania  County,  lands,  641. 

, ,  quit  rents  in,  446,  719,  854, 

854 1. 

,  settlement  of,  742. 

,  . . . . ,  grants  in,  869. 

, Colonel  Spotswood's  land, 

payment  for,  581. 

stores  of  war  in,  351  vm. 

,  tobacco,  poll  tax  in,  241. 

, ,  stemming  of  etc.,  241,  262, 

262  i. 

,  .....  restraint  on  planting,  hard- 
ship of,  351. 

,  .  . . . ,  stripped  or  stemmed, 

address  and  petition  against  pro- 
hibition of  importation  of,  532, 
611,  641 1. 

,  . . . . ,  trade  in,  proposals  for  im- 
provement of,  796,  796  iv,  797, 
897. 

,  trade  with  N.  Carolina,  184. 

Virgin  Islands,  The  (Anguilla,  St.  John's, 
Spanish  Town,  Tortola),  24. 

Governor  of.     See  Phipps,  F. 


W. 


Wadeson,  Samuel,  late  storekeeper,  Bar- 
bados, 390. 

,  . . . . ,  document  signed  by,  736  n. 

Wadsworth,  John,  trial,  execution  and 
pardon  of,  358  m,  iv,  383  i,  408  I. 

Wager,  Sir  Charles,  a  Lord  Commissioner 
of  the  Admiralty,  38. 

,  .  . . . ,  letter  from,  352. 


Wager,  Sir  Charles— contd. 

, ,  letter  to,  329,  358  n. 

,  .  . . . ,  document  signed  by,  444  I, 

538. 

Waities,  William,  807  v. 
Walcott,  John,  document  signed  by,  6,  6  I. 
Waldo,  Waldoe,  — ,  1019,  1045,  1049. 
Walker,  Thomas,  death  of,  384. 

,  Alexander,  530  I. 

Wall,  Tobias,  petition  of,  618,  626. 

,  T.,  document  signed  by,  1035  I. 

Walpole,  Sir  Robert,  Chancellor  of  the 
Exchequer  and  Principal  Secretary 
of  State,  2,  352  ra. 

, ,  letter  from,  294,  294  I. 

, .letter  to,  194. 

Walter,  Peter,  document  signed  by,  352 
m. 

,  Robert,    Councillor,    New    York, 

document  signed  by,  827  xin. 

Walters,  — ,  Second  Judge  and  Coun- 
cillor, New  York,  799. 

Wanton,  William,  junior,  Capt.,  petition 
of,  233  i,  m,  1061 1. 

,  .....  depositions    of,    233  iv-vi, 

1061  iv,  vi. 

,Col.,  233  i,  1061i. 

Wanton,  ship,  capture  of,  233,  233  i-vi, 
1061 1,  n,  iv-vi. 

Warner,  Ashton,  Attorney  General,  St. 
Christopher,  809  I  (b) 

,  .  . . . ,  opinion  of,  24  v,  28. 

,  Henry,  24  v. 

,  John,  Naval  Officer,  Bahama  1., 

Ill,  442  i,  n. 

,  . . .  . ,  . . .  . ,  document  signed   by, 

476  n,  ra,  691  i,  n. 

,  E.,  document  signed  by,  1035  I. 

,  Edward,  Councillor,  St.  Chris- 
topher, absentee,  158. 

,  . . . . ,  . . . . ,  leave  of  absence,  160. 

War  Office,  The,  letter  from,  383  I,  660  I. 

Warren,  Robert,  530 1. 

,  . . . . ,  Clerk  of  Assembly,  Bar- 
bados, 508. 

,  .  . .  . ,  . . .  . ,  document  signed   by, 

334,  335,  363  n,  454  i. 

,  Capt.,  letter  from,  410. 

Warwick,  Earl  of.     See  Rich,  Robert. 

Watson,  Joseph,  letter  signed  by,  300. 

Wear,  — ,  election  of,  as  Speaker  of 
Assembly,  New  Hampshire,  dis- 
allowed, 303. 

Webster,  William,  Deputy  Public  Secre- 
tary, etc.,  Barbados,  6  i. 

,  . . . . ,  document  certified  by,  363  i, 

6671. 

, .offices  held  by,  389. 

,  . . .  . ,  salaries,  389. 

,  .  . . . , account  of,  389  I. 

, .petition  of,  389. 


630 


INDEX. 


Weekes,  Ralph,  document  signed  by,  057 

in. 
Weller,  Capt.,  R.N.,  686,  700,  994. 

,  .  . .  .,  Instructions  to,  716  I. 

, ,  letter  from,  1041. 

,  .  . .  .,  document  signed  by,    1041 

II. 
Wenogenet     (Wynongonett),     Penobscot 

Chief,  973,  1019. 

,  letter  from,  974  I. 

Wentworth,    John,    Lt.    Governor,    New 

Hampshire,   letter  from,   59,   303, 

898,  930,  975. 

, .letter  to,  71,  755. 

, ,  salary  of,  303,  755. 

,  .  . .  . ,  document  signed  by,  303  I. 

West,    Robert,    Councillor,    N.    Carolina, 

document  signed  by,  515  iv. 

,  William,  petition  of,  1005. 

Westbrook,  Col.,  638,  1045. 

WEST    INDIES,    losses    of  merchants   at, 

610. 

Westmorland,  Earl  of.  See  Fane,  Thomas. 
Weston,  William,  Justice  of  the  Peace,  S. 

John's,  appointed,  883. 

,  warrant  to,  959  i,  in,  v. 

,  . . . . ,  letter  from,  959  n. 

Wetherill,     James,     Councillor,  Antigua, 

recommended  for,  406  I. 
Wey mouth,  Mayor  of,  letter  to,  461. 
Wheelock,   Bryan,   Deputy  Secretary  to 

the  Board  of  Trade,   letter  from, 

322,  323,  337-339,  782,  865,  884, 

885,  923. 
Whitaker,   Benjamin,   Attorney   General, 

S.  Carolina,  letter  from,  459,  477, 

479,  498. 

,  . . . . ,  letter  to,  467. 

,  . . . . ,  complaint        of,        against 

President  Middleton,  489. 
White,    Leonard,    Councillor,    Bermuda, 

183. 
,  John,     Councillor,     Bahama     I., 

701  I. 

Whitehead,  — ,  claim  of,  328. 
Whitesides,  William,  389. 
Whitworth,  Francis,  Secretary,  Barbados, 

petition  of,  269 1. 

,  . . . . ,  . . . . ,  referred,  269. 

,  . . . . ,  . . . . ,  representation     upon, 

288. 

, ,  accounts  of,  269  n,  508. 

, ,fees  of,  364,  364  I. 

Wickham,  — ,  Capt.,  390. 

Wilcox,   Nicholas,    document  signed   by, 

773  vi. 
Wilkes,  Wilks.  Francis,  Agent  of  Assembly, 

Massachusetts  Bay,  485,  969,  969'i. 

, ,  letter  from,  838  I. 

, .letter  to,  1047. 


Wilkes,  Wilks,  Francis — contd. 
,  petition  of,  921  i,  923,  927, 

931,  935,  941. 

,  .  .  .  . ,  document  signed  by,   1057. 

Willard,   Josiah,   Secretary   of  the   Mas- 
sachusetts   Bay,    warrant    for    re- 
appointment  76. 
, ,  letter  from,  209,  480,  688, 

993. 

,  .  . .  . ,  certiiicate  by,  386  i. 

Willett,  — ,  testimony  to,  19. 

,  John,  Councillor,  St.  Christopher, 

complaint  of,  35,  37,  206,  305. 

,  .  .  .  . ,  resignation  of,  305. 

,  .  .  .  . ,  reconciliation        of,        with 

Governor  Mathew,  305,  318. 
,  .  . . . ,  objection   of,    to   Governor 

Hart's  settlement,  320. 
,  Ralph,  Councillor,  St.  Christopher, 

561 1. 

,  .  . .  . ,  resignation  of,  908. 

William,  ship,  277. 

William  Augustus,  H.M.S.,  917  iv. 

Williams,  Sir  John,  917  iv. 

Williamson,  Sarah,  pardon  for,  262,  532. 

Willimott,  Robert,  document  signed  by, 

284. 
Willis,  Henry,  Deputy  Auditor,  Virginia, 

document  signed  by,  261  iv,  v. 
,  Francis,      Councillor,      Virginia, 

nominated,  641. 
Wilson,  William,  654. 

,  .  .  .  . ,  petition  of,  655  I. 

Wimble,  James,  petition  of,  347. 
Winder,    Samuel,    document    signed    by, 

352m. 
Windham,  Thomas,  Registrar  of  Chancery 

Court   and   Patents,   Jamaica,   re- 

appointed,  75. 

,  . . . .,  leave  of  absence,  126. 

Winslow,  Joshua,  280. 

Wiswell,  — ,  285. 

Wit,  Jan  de,  naturalization  of,  1068. 

Wood,  Hezekiah,  murder  of,  281. 

,  Samson,    document    signed    by, 

773  vi. 

,  William,  letter  from,  847  iv. 

, ,  letter  to,  312,  802,  847  in, 

1053  n. 

Woodbridge,  — ,  34. 
Woodrop,  Alexandra,  607. 

,  .  . .  . ,  deposition  of,  607  n. 

Woodrope,  — ,  24. 

Woods,  H.M.,  in  America,  50,  59,  71,  118, 

133,  156  i,  267,  319 1,  547  i,  564  I, 

627  i,  705  ;  and  see  under  Separate 

Colonies. 
,  .  . .  .,  Act/w  the  better  preservation 

of,   100,    118 1,   543,   543 1,  547  n, 

560,  651,  755,  806. 


INDEX. 


631 


Woods,  H.M. — contd. 
Act — contd. 

,  . . . . ,  for  the  preservation  of 

white  and  other  pine  trees,  234  i. 

,  . . .  . ,  .  . . . ,  .  . . . ,  evasion   of,   547 

in. 

, Surveyor  of,  118,  133,  134, 

319. 

,  .  . . . ,  .  . .  . ,  office  of,  observations 

upon,  18  ;    and  see  Burniston,  C. ; 
Dunbar,  D. 

Woodward,  Capt.,  384. 
Wool  and  Flax,  manufacture  of,  504. 

,  .  . .  . ,  account  of,  490. 

Woolwich    Dockyard,     report    on    hemp 

from,  106. 

Works,     H.M.,     Commissioners     of,     re- 
quisition to,  354. 
Worley,     J.,     Councillor,     N.     Carolina, 

document  signed  by,  515  iv. 
Worsley,  Henry,  Governor  of  Barbados,  2. 

,  . . . . ,  complaints  against,  6  i,  215, 

598  I,  861. 

, , ,  reply  to,  383,  598. 

,  . .  .  . ,  document    signed    by,    20, 

21. 

,  . . . . ,  Instructions    to,    29,     154, 

297  i. 

, .referred,  309. 

, , ,  approved,  330,  331 . 

,  . . .  .,  Commission  for,  154. 

,  .  .  .  . ,  .  . . . ,  renewal     of,     opinion 

on,  231. 

, ,  letter  from,   161,   162,  208, 

324,  325,  362,  363,  367,  368,  389, 
390,  417,  418,  433,  434,  450 1, 
453,  454,  508,  509,  518,  519,  598  n, 
657,  658,  667,  668,  761,  762,  961, 
1004. 

, ,  letter  to,  215,  428,  739,  861, 

862  i,  in,  958,  1004  i-m,  1010. 

,  .  . . . ,  salary     of,     297  I,     667  in, 

773  i. 


Worsley,  Henry — coiit'l. 

, .Speech     of,     324,     324  m, 

335. 

,  . . . . ,  testimony  to,  518  IT. 

, ,  address  to,  518  in,  773  I. 

,  . . . . ,  continuance    in    office    of, 

after  demise  of  the  Crown,  667  n, 

881. 
Wm^g,   Samuel,   Agent  for  S.   Carolina, 

145-153,  384,  485. 

, .letter  from,  216. 

Wright,  Robert,  Chief  Justice,  S.  Carolina, 

1039. 
Wroth,  — ,  Foot  Major,  Annapolis  Royal, 

789. 
,  Robert,  Adjutant,  resignation  of, 

789  rv. 

Wyat,  — ,  letter  endorsed  by,  396,  656. 
Wyoth,  Joseph,  document  signed  by,  867. 


Y. 


Yeamans,  Robert,  document  signed  by, 

6,  6  i. 
,   John,  document  signed  by,  1035 

i. 

,  . . . . ,  Councillor,  Antigua,  158. 

, , ,  letter  from,  724,  815. 

, , letter  to,  816. 

,  .  . .  . ,  Agent  for  Antigua,  memor- 
ial of,  886m. 
Yonge,   Francis,   Agent  for  S.   Carolina, 

absentee,  115. 

, .letter  from,  216. 

York,  James,  Duke  of,  grant  of  part  of 

Maryland  to,  285. 
Yorke,     Sir    Philip,    Attorney    General, 

letter,  reference  to,  89,   195,  313, 

349,  609,  723,  865. 
, .opinion   of,   341,   357.   366, 

634. 


632 


CORRIGENDA. 

p.  16,     line  24  from  bottom,  for  Hopton,  read  Hopson. 

p.  44,     line  8  from  bottom,  for  John,  read  Alexander. 

p.  388,  line  I,  for  Ovick,  read  Lovick. 

p.  399,  line  5,  for  11,  read  1-3. 

p.  525,  line  3  from  bottom,  for  Jeremiah,  read  David. 

p.  570,  line  10,  for  C.G.,  read  C.O. 

The  documents  calendared  in  the  following  pages  are  included 
in  the  volumes  of  the  Public  Record  Office  and  listed  as  follows  : 

4,  1  ;    5,  4  ;    5,  10  ;    5,  21  ;    5,  36  ;    5,  192  ;    5,  193  ;    5,  194  ; 

5,  290  ;    5,  308  ;    5,  360  ;    5,  361  ;    5,  383  ;    5,  387  ;    5,  400  ; 
5,  752  ;    5,  871  ;    5,  872  ;    5,  898  ;    5,  916  ;    5,  931  ;    5,  972  ; 
5,  980  ;    5,  983  ;    5,  996  ;    5,  1054  ;    5,  1055  ;    5,  1086  ;    5,  1092  ; 
5,    1093  ;      5,   1125  ;      5,    1233  ;     5,   1267  ;     5,   1294  ;     5,    1321  ; 
5,  1322  ;     5,  1337  ;     5,  1344  ;     7,  1  ;     23,  2  ;     23,  12  ;     23,  14  ; 
24,  1  ;     28,  19  ;     28,  20  ;     28,  21  ;     28,  39  ;     28,  40  ;     28,  44  ; 
28,  45  ;     29,  14  ;     29,  15  ;     33,  27  ;     37,  12  ;     37,  24  ;    37,  29  ; 
38,    8;      116,    25;      116,    26;      137,    17;      137,    18;     137,    46; 
137,    47;     137,    53;     138,    17;     152,    16;     152,    17;     152,    18; 
152,    19  ;     152,    40  ;     152,    43 ;     153,    14  ;     153,    15  ;     187,    2 ; 
194,    8;      194,    23;     194,    24;     195,    7;     217,    5;     217,    6; 
217,    30 ;     217,    38  ;      218,    2 ;     239,    1  ;     253,    1  ;     278,     1  ; 
285,     2  ;      323,     8  ;      323,    9  ;      324,     8  ;      324,    11  ;      324,   36  ; 
324,    49  ;     324,    50  ;     326,    43  ;     388,    27  ;     388,    28 ;     388,    29  ; 
388,    79 ;    389,    27 ;    389,    28  ;    389,    37. 

Note.  etc.  printed  in  italics  in  the  course  of  the  text  indicates 
that  matter  merely  repeated  or  of  no  importance  is  there  omitted. 
Words  printed  in  italics  between  square  brackets  [thits]  are 
suggestions  by  the  Editor  where  the  MS.  is  rubbed  or  torn. 

The  reference  "  A.P.C."  is  to  the  printed  Acts  of  the  Privy 
Council,  Colonial  Series. 


Printed  under  the  Authority  of  His  Majesty's  Stationery  Office 
by  T.  BKATY  HART,   LTD.,  Oreen  Lane,  Kettering, 


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