America and West Indies: July 1725

Pages 401-407

Calendar of State Papers Colonial, America and West Indies: Volume 34, 1724-1725. Originally published by His Majesty's Stationery Office, London, 1936.

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July 1725

July 1.
677. Governor Worsley to the Duke of Newcastle.Encloses following revised list etc. Signed, Henry Worsley.Endorsed, R. 21. 2 pp. Enclosed,
677. i. List of gentlemen proposed to supply vacancies in the Council of Barbados:—George Forster, Henry Peers, Samuel Broom, Thomas Applewait, Henry Evans, John Pickering, Edward Jordan, James Hannay, Ralph Weeks, Joseph Pilgrim; and Othniel Haggat, and Samuel Osbourn in the room of Wm. Terril made a Councillor, and John Holder (formerly proposed) deceased, 3/4 p. [C.O. 28, 44. Nos. 94, 94. i.]
July 1.
678. Same to Same. Your Grace will have the goodness to excuse the liberty I take in writing this private letter in answer to your Grace's of 23rd of March last etc. When I left England my Lord Carteret told me that the Earl of Berkeley had recommended Mr. Othniel Haggat to be made a Counsellor etc. Finding that he had been one of those, who had chiefly influenced Mr. Cox in his administration and had thereby become very odious to the aggrieved party: it was then impossible for me to have appointed him a Counsellor in Mr. Cox place, who I had turned out without putting this Island into the same confusion I found it; this Gentleman opposed my measures afterwards underhand, as I have been informed, tho' he deny's it, and assures me he never will: this I wrote to my Lord Carteret, but assured his Lordship, that on account of his patron etc., I should not oppose his being a Counsellor, when there should be a vacancy: but desired not to appear in it. However as the great feuds and animosities in this Island are now pretty well abated, and I hope will not be fomented again; I have with the greater pleasure obeyed your Grace's commands to me, in Mr. Haggat's favor etc. Signed, Henry Worsley. Holograph. 4 pp. [C.O. 28, 44. No. 95.]
July 1.
679. Same to the Council of Trade and Plantations. Duplicate of No. 677. Signed, Henry Worsley. Endorsed, Recd. 23rd Aug., Read 4th Nov., 1725. 2 pp. Enclosed,
679. i. Duplicate of No. 677. i. [C.O. 28, 18. ff 226, 226?., 228, 229?.]
July 6.
680. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose Office accounts from Christmas to Midsummer. "There was then six months salary due to the Secretary and other Officers," etc. Accounts, certified, enclosed. [C.O. 389, 37. pp. 250–253.]
July 6. 681. Mr. Armstrong to the Council of Trade and Plantations. Asks for an attested copy of Capt. Ellis Huske's complaint against him, as he is about to return to New England as Depty. Surveyor of the Woods and there bring an action for damages against Huske etc. Signed, Robert Armstrong. Endorsed, Recd., Read 6th July, 1725. 3/4 p. Mem. Upon Mr. Armstrong's further application, several of his original papers were returned to him. [C.O. 5, 869. ff. 84, 85?.]
July 6.
682. Order of Lords Justices in Council. Referring to Committee draught of explanatory Charter for the Massachusetts Bay etc. Signed, Ja. Vernon. Endorsed, Recd. 19th Aug., Read 7th Oct., 1725. 3/4 p. [C.O. 5, 869. ff. 204, 205?.]
July 6.
[? 1725.]
683. Petition of the Freemen Proprietors of Dorchester, in the County of Suffolk, Massachusetts Bay, to the Lords Justices. By virtue of Royal Charters, Grants and Acts of Assembly (described) confirmed by H.M., petitioners and their ancestors have been, since 1637, entitled to lands within their township of Dorchester. Of late two or three hundred persons, who never had any manner of right to the said lands, set themselves up to be Proprietors, and having obtained from Samuel Lyndes, J. P., a warrant for a Proprietors' meeting in Dorchester, 1718, but not exprest at which meeting house, there being two ten miles distant the one from the other, also not granted in H.M. name nor exprest in what year of H. M. reigne neither a power incerted to sue trespassers on said lands etc., have unlawfully divided the said lands to strangers as well as themselves and taken them away from petitioners, and in the most hostile manner are committing outrages, divers spoils, wasts and devastations by cutting down the large stately oaks pynes and cedars and digging iron ore etc. And to carry on their unjust pretensions and unlawful proceedings these confederates have of late commenced a multiplicity of pretended actions of trespass against petitioners etc. And tho' petitioners have condemned them in costs at the Superiour Court and also cast them before the Assembly in 1722, yet by a resolve of the Assembly made behind petitioners' backs' in March 1721 contrary to all laws, petitioners, the only freemen proprietors, are made trespassers to strangers, and are denied the benefit of all known laws. By a late order, Dec., 1724, the Assembly, behind petitioners' backs and contrary to their former grants etc., have given away 6000 acres of petitioners' lands to strangers, etc. In detail. Pray to be restored to their rights and lands. 3/4 large closely written p. [C.O. 5, 752. No. 28.]
July 6. 684. Mr. Stevensone to the Lords Commissioners of the Treasury. Answers to some objections against the Revenue Bill of Jamaica. Endorsed, Read 7th Sept., 1726. 2 1/4 pp. [C.O. 137, 16. ff. 270–271?.]
July 9.
685. John Vat of Watt to the Duke of Newcastle. Asks for support of the Government and a grant of arms and ammunition to the settlement of Swiss in S. Carolina proposed by Mr. Purry of Neuchatel, who is now in Switzerland, raising his people, and for whom memorialist is named as trustee. The King has signified his pleasure to the Lords Proprietors, who have granted Purry 24,000 acres and agreed to transport at their charge from England to Charles Town 600 Swiss, who, four years hence, are to pay £300 sterling for ever. The Governor, Council and Assembly have voted provisions for 9 months, etc. Signed, John Vat of Watt. 1 p. [C.O. 5, 383. No. 10.]
July 20.
686. Order of Lords Justices in Council. Approving the draught of an explanatory Charter for the Massachusetts Bay, and ordering warrant to be prepared for passing the same, etc. ?. 6th Sept. Signed, Ja. Vernon. Endorsed, Recd. 19th Aug., Read 7th Oct., 1725. 1 p. [C.O. 5, 869. ff. 202, 203?.]
July 20.
687. Order of Lords Justices in Council. Referring enclosed to the Council of Trade and Plantations for their report. Signed, Temple Stanyan. Endorsed, Recd. 2nd, Read 5th Aug., 1725. 1 p. Enclosed,
687. i. Petition of Francis Bond to the Lords Justices in Council. Petitioner was removed from the Council of Barbados for the sentence passed on Bernard Cook in 1719. Petitioner so far from having any animosity against Cook, was actually thanked by him for having been his only friend on the Bench etc. Asks to be restored, his integrity and loyalty being well known etc. 2 1/2 pp. Enclosed,
687. ii. Deposition of Edmund Sutton. Confirms preceding. 9th April, 1723. Signed, Edmund Sutton. Copy. 3/4 p. [C.O. 28, 18. ff. 217, 218–219?., 221, 222?.]
July 20.
688. Order of Lords Justices in Council. Referring representation on the Act of New York for the encouragement of the Indian trade (16th June) to a Committee of the Council. Signed, Ja. Vernon. Endorsed, Recd. 19th Aug., Read 7th Oct., 1725. 1 p. [C.O. 5, 1053. ff. 324, 325?.]
July 20.
689. Governor Hart to the Council of Trade and Plantations. Replies to petition of Wavel Smith and Savile Cust (?. 19th Feb.). (i) I refused to admit Mr. Smith to be sworn as of right into the offices of Register in Chancery, Register to the Court of Admiralty and Clerk to the Ordinary in St. Christopher's and Mountserrat, Clerk to the Ordinary in Nevis and Register to the Admiralty in Antegoa, because those offices are not comprehended under his patent of Secretary and Clerk to the Crown. That which has given colour to this demand, and been the incouragement to other Secretarys to think of purloining these offices from the Crown has been the Governors suffering the Secretarys to enjoy those offices in Antegoa, tho' they never permitted them, or any of their deputys to enjoy them in any of the other Islands etc. I agreed that Mr. Smith should hold these offices under my Commission till H.M. pleasure should be known, lest he should suffer if I were mistaken etc. at length, (ii) My private Secretary does not receive any fees that belong to the public Secretary, or were ever claimed by any public Secretary, as alleged. Your Lordships will be surprized when you hear that Mr. Smith has not only claimed a right to be my Clerk, and have the writing of all my letters, but likewise to be Clerk to the several Lt. Governors, and to every Justice of the Peace of the Islands, and that all their warrants ought to issue thro' his hands, (iii) As to the giving my assent to an Act of St. Christophers which takes away many fees belonging to him, his own deputy here confesses his office advanced by it. As to the offices claimed by petitioner, that is a question of law between him and the Crown, and I only stood up in defence of the rights of the Crown. Hopes that the Board will oblige Mr. Smith to make him reparation at least for the expense which he has involved him in. Concludes: This is but a faint specimen of his personal behaviour to me when he was here, and how much he made it his business to foment divisions and disturb the Government etc. I laid Mr. Popple's letter before the Council and Assembly etc. Encloses their Address and affidavits by former Deputy Secretaries. Signed, Jo. Hart. Endorsed, Recd. 30th Oct., Read 15th Dec., 1725. 14 3/4 pp. Enclosed,
689. i. Lord Carteret to Governor Hart. Nov. 6th, 1722. Upon the appointment of Mr. Wavel Smith as Secretary of the Leeward Islands, requests him to put him and his deputies into possession of all such privileges and advantages as belong to that Office. Signed, Carteret. Endorsed, Recd. 30th Oct., 1725. 3/4 p.
689. ii. Deposition of John Helden, St. Christophers, 2nd June, 1725. When Deputy here for the Secretary of the Leeward Islands, 1702–1708, he acted as Clerk to the Ordinary, and in the Admiralty or Chancery Court only by special powers given by the Governor (Parke). Signed, John Helden. 1 p.
689. iii. Deposition of William Liddell, 22nd June, 1725. Whilst he was Deputy Secretary, St. Kitts, 1714–1722, the offices of Register to the Courts of Admiralty and Chancery, and Clerk to the Ordinary were executed by other persons by commission from the Chief Governours. Signed, Willm. Liddell. 1 p.
689. iv. Address of the Council and Assembly of St. Kitts to Governor Hart. Express their indignation at the false and ungrateful statements of Mr. Smith etc. 19 signatures. 2 long folded pp.
689. v. Deposition of John Esdaile, sr., 15th July, 1725. Caleb Rawleigh was commissioned by General Codrington to act as Register in Chancery for St. Kitts, and afterwards by General Park to be Register in Chancery and Admiralty Courts. Park commissioned James Rawleigh to be Clerk to the Ordinary. Deponent, when deputy Secretary of St. Kitts, was commissioned by Governor Douglas Register of the Court of Admiralty and Clerk to the Ordinary, and his son, John, Register in Chancery, etc. Signed, Jno. Esdaile, senr. Sealed. 1 large p.
689. vi. Deposition of John Esdaile, jr., 15th July, 1725. Corroborates last line of preceding. Signed, John Esdaile, junr. 1/2 p Nos. ii–vi, endorsed, Recd. 30th Oct., 1725. [C.O. 152, 15. ff. 140–141, 142–150, 151?., 152, 153, 154, 155, 156, 157?.]
[? July 20.] 690. Petition of Francis Bond to the King. Prays to be restored to his place in the Council of Barbados, from which he was removed for consenting to the sentence against Bernard Cook (1719), which he regrets, but at the time did his best to mitigate etc. Signed, Francis Bond. Without date. 1 1/4 pp. [C.O. 28, 39. No. 21.]
July 22.
691. Mr. Delafaye to the Council of Trade and Plantations. The Lords Justices refer following for your opinion thereon etc. Signed, Ch. Delafaye. Endorsed, Recd. 26th, Read 27th July, 1725. 1 p. Enclosed,
691. i. Petition of Richard Fitzwilliam, Surveyor General of H.M. Customs for South America, to the Lords Justices. Col. Quarry, former Surveyor, (the better to enable him to recover some debts due to the Crown and to doe the duty of his Office) was added a thirteenth to the Council in the several Governments in his district. Prays, for the same reasons, to be added to the Councils of Virginia, South Carolina and Jamaica. 1 p. [C.O. 323, 8. Nos. 62, 62.i.]
July 26.
692. Governor Hart to the Council of Trade and Plantations. I have the honour to inclose you a state of the case of a certain William White of the Island of Spanish Town within my Government; who kill'd one Cary thro' the door of his house, about midnight in May last with a muskett, under pretence that he did not know the said Cary, but beleiving it was some person coming to rob him: upon which he was confin'd by the Deputy Governor of Spanish Town. As there are but very few inhabitants on that Island, and no Courts of Justice being erected there, he cou'd not be legally tryed; Therefore the said White petition'd me that he might be brought up to St. Christophers and tryed there; and accordingly he was brought up prisoner hither. But as this fact was commited out of the body of the County of St. Christophers; I consulted Mr. Spooner H.M. Solicitor General of all the Leeward Islands, by what methods I might legally proceed etc. Mr. Solicitor advis'd me, that he cou'd not be tryed at St. Christophers but by the Statute of 33rd Henry the 8th, and that by that Statute he ought to be examin'd before H.M. Council here, which he accordingly was: and by the advice of the Council, as well as of Mr. Solicitor General, I issued a Commission of Oyer and Terminer, directed to the Council and four of the Judges of this Island etc. White was brought in guilty of murder by the Jury, and receiv'd sentence of death from the Court. I can say no more in relation to White, than, that he was convicted, rather from circumstances, than from any possitive proofs of his intention to murder Cary. The caracter of the man, had its proper weight, both with the Jury and the Court. But as this was a new case, no man having ever been tryed upon the Statute 33 Henry 8th in this Government; and Mr. Solicitor himself had some scruples whither that statute was not confin'd to the realm of England, notwithstanding the word Dominion mention'd in the said Statute; which in his opinion wou'd have extended here, had it not been enacted, before the settlement of these Colony's; upon this I sent a state of the case to Ashton Warner Esq. H.M. Attorney General of this Government, who was of the same opinion with Mr. Solicitor (that in so tender a case,) it wou'd be proper to have the opinion of H.M. Council learned in the law in Great Britain. Upon which I thought it proper to grant a reprieve to the said White, till I had laid this matter before your Lordships etc. I humbly pray that I may have your opinion upon it with all convenient speed, which will be a rule for me and my successors to govern themselves for the future etc. If your Lordships shall be of opinion, that White ought to suffer upon the sentence already pass'd on him, I desire your Lordships may transmit me your commands with all imaginable secresy, lest an escape shou'd be attempted. Signed, Jo. Hart. Endorsed, Recd. 30th Oct., Read 4th Nov., 1725. 3 pp. Enclosed,
692. i. State of the case of William White with Queries thereupon, ?. preceding. Same endorsement. pp. 1 1/2 pp. [C.O. 152, 15. ff 130–132, 133, 133?.]
[July 28.] 693. List of precedents, 1704–1719, of complaints against Governors of Plantations, shewing the method of procedure adopted. Endorsed, Recd., from Mr. J. Sharpe and Dr. Strahan, 28th July, 1725. 3 pp. [C.O. 152, 15. ff. 124–125?.]
July 28.
694. Bryan Wheelock to Mr. Delafaye. Encloses following. Annexed,
694. i. Council of Trade and Plantations to the Lords Justices. Upon Mr. Fitzwilliam, quote case of Col. Quary (?. C.S.P. 24th June, 1702 etc.), Conclude: We have no objection to Mr. Fitzwilliam's being added to the number of H.M. Councils in Virginia, S. Carolina and Jamaica, which are within his district. [C.O. 324, 11. pp. 29–31.]
July 29.
695. Duke of Newcastle to Lt. Govr. Dummer. I write this to you at the request of Mr. William Woodside, son of Mr. James Woodside late Minister of Brunswick in New England, who desires to be appointed either Captain of Fort George at Brunswick, or Lieutenant of Castle William; and in regard to some circumstances which have been represented to me in his favour, I shall take it kindly of you, if you will give him a command accordingly of one of those two places. Signed, Holles Newcastle. [C.O. 324, 35. p. 151.]
696. Mr. Heard to Charles Delafaye. Encloses abstract of petition "sent in by the doorkeeper last Tuesday, by H.E. the Duke of Grafton's order" etc. Signed, J. Heard. 1/2 p. Addressed 1/2 p. Enclosed,
696. i. Abstract of petition of inhabitants of Dorchester (?. 6th July). 1 large p.
696. ii. Duplicate of preceding. [C.O. 5, 752. Nos. 29, 29. i, ii.]
July-Aug. 697. Journal of Tobias Fitch of his journey to the Creek Indians, and negotiations with them. Signed, Tobias Fitch. Copy, dated 21st May, 1726. Certified by Hen. Hargrave, Depty. Secry. 41 1/4 pp. [C.O. 5, 12. ff. 38–58?]