America and West Indies: April 1729

Pages 342-360

Calendar of State Papers Colonial, America and West Indies: Volume 36, 1728-1729. Originally published by His Majesty's Stationery Office, London, 1937.

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April 1729

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, Recd. 17th, Read 29th May, 1729. 1 p.[C. O. 5, 972. ff. 178, 181v.,]
April 1]. 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. 10 2/3 pp. [C. O. 323, 9. ff l-6v.]
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 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.
New York.
653. Governor Montgomeric to the Duke of Newcastle. 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. Montgomerie. Endorsed, R. May 10. Holograph. 3 pp. [C. O. 5, 1086. f. 9 ; and 5, 1093. ff 12–13v.]
April 5.
654. Governor the Earl of Londonderry to the Council of 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., 1728/9, 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 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 vestrymen for St. Paul's parish, they having lapsed their time. Signed, Londonderry. Endorsed, Recd. 7th, Read 12th June, 1729. 3 large pp. [C. O. 152, 17. ff. 69–70v. ; and (extract) 7, 1. No. 32].
April 6.
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. Instructions 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. 2 ¾ pp. Enclosed,
655 i. Petition of William Wilson to Governor Lord Londonderry. 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. 35–36v., 39].
April 7/18.
656. John Savoy to the Duke of Newcastle. Having bin acquainted that Mr. Wyat has delivered on my behalf the 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.]
April 7.
657. Governor Worsley to the Council of Trade and Plantations. 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 ½d. 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 establishment of the several fortifications etc., the gentlemen of the Assembly and all the Field officers, are appointed Commissioners 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 disbursements 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 disbursements 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. 9d. 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 ½d., 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, Recd. 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, Recd. 29th May, 1729. 1 double p.
657. ii. Account of money (£375 4s. 6d.) due to Col. Durousseau 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 endorsement. 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 ½ pp.
657. vi. Treasurer's account of the state of the Publick debts of Barbados. 19th Jan., 1728. Total Payments due and orders in course of payment, £8012 2s. 10 ½d. Receipts from Excise and 7 ½d. levy, £3014 0s. 8 ¾ Signed, George Plaxton, Treasr. Same endorsement. 12 large pp.
657. vii. Treasurer's account of the 7 ½d. levy for the year ending Oct. 31, 1726. By parishes. Total, £2871 3s. 4 ½d. Signed and sworn to by George Plaxton, Trear., Jan. 6, 1729. Same endorsement. 1 large double p.
657. viii. Same for 1727. Total, £2834 6s. 6d. £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 15s. 3d.) £5887 18s. 3d. Expenditure: £3017 13s. 6d. Signed and endorsed as preceding. 3 large pp.
657. x. Treasurer's account of the 2s. 6d. levy for the year ending 30th Sept., 1727. Totals :—Receipts £11097 6s. 0 ½d. Expenditure, £11062 10s. 6 ½d. Signed and endorsed as preceding. 5 ¾ pp.
657. xi. Treasurer's accounts from 8th Aug., 1727, to the 8th Feb., 1728. Settled by the Committee. Totals :— Receipts, £6034 13s. 2 ½d. Expenditure, £3399 19s. 4 ¾d. Signed and endorsed as preceding. 4 large pp.
657. xii. Treasurer's accounts, 8th Feb.—8th Aug., 1728. Totals: Receipts, including balance, £7162 7s. 10 ½d. Expenditure, £3395 15s. 0 ½d. Same endorsement and signature. 6 large pp.
657. xiii. Treasurer's account of the 2s. 6d. levy for year ending 30th Sept., 1729. Totals :—Receipts, £11,174 6s. 6 ½d. Expenditure, £11,134 13s. 3 ½d. Same signature and endorsement. 6 large pp.
657. xiv. Treasurer's accounts, settled by the Committee, 13th Aug.—27th Nov., 1728. Totals : Receipts, £4033 7s. 10d. Expenditure, £3366 14s. 4 ½d. Shows 10 ships importing 1011 negroes. Same signature and endorsement. 8 large pp. [C. O. 28, 20. ff. 137–142, 143v., 145, 146v., 147, 148, 148v., 149v., 151–156v., 157v., 158v.–161v., 162v.–164, 165v.–167a., 168v.–170, 171v.–173a., 174v., 176a., 177v.–179bv. ; and (duplicates of encl. i) 28, 40. Nos. 1, 2.]
April 7.
658. Governor Worsley to the Duke of Newcastle. Duplicate 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, 25v., 26–28.]
April 8.
659. Duke of Newcastle to the Duke of Argyll. Having 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 may lay them before H.M. Signed, Holles Newcastle. Copy. ¾ 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 everything 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 thinnesse 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 discouragemnt. of new inhabitants coming thither." 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. 1 ¾ 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 and to produce a register in 18 months, but keeps two men on board her at 15s. per diem, etc. Prays for relief. Endorsed, Recd. 11th, Read 16th April, 1729. ¾ p. Enclosed,
661. i. Commissioners of H.M. Customs to the Collector and Comptroller of Customs at Philadelphia. Custom House, London, 11th Feb., 1728/9. 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, 37v.].
April 11.
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 11th, Read 22nd April, 1729. 2 pp. [C. O. 5, 870. ff 209, 209v., 211v.].
April 15.
New York.
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. Duplicate of April 20, 1729. [C. O. 5, 1093. ff 14, 14v., 16 17; and (without enclosure) 5, 1086. ff. 11, 12v.].
April 15.
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 command'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 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, Recd. 2 June. Copy sent to Lord Townshend, June 3, 1729. Holograph. 3 ¾ pp. [C. O. 152, 43. ff. 41–42v.]
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, Recd., Read 22nd April, 1729. 2 pp. [C. O. 217, 5. ff. 104, 105v.]
April 19.
666. Report of Committee of Privy Council. Quote 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 snaring 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 appointing 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 11th Wm. III, 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 Commission 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 maintenance from the people of St. Johns, etc. Set out, A.P.C. III. pp. 215–218, q. v. 6 ½ pp. [C.O. 194, 8. ff. 197–200.]
April 20.
667. Governor Worsley to the Council of Trade and Plantations. 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. Lutchwich'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 (tho' 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. proclamation "for declaring H.M. pleasure for continuing the officers in H.M. Plantations till H.M. pleasure shall be further signifyed," 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 Plantations, 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 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 2s. 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 subscribed 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 appointment. 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 afterwards 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 concerned. Signed, Henry Worsley. Endorsed, Recd. 17th, Read 18th June, 1729. 6 pp. Enclosed,
667. i. Returns made by the Provost Marshall on his publishing H.M. Proclamation continuing officers, and H.M. 28th Instruction (v. preceding). Signed, Wm. Kennedy, P.M. Endorsed, Recd. 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 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, Recd. 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 ½ pp. [C.O. 28, 20. ff. 186–188v., 189v., 190, 191v., 192, 193–195.].
April 20.
668. Governor Worsley to the Duke of Newcastle. 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 30–32v., 33v., 34–35, 36, 36v., 38, 40, 42v., 43, 44, 45–46].
April 20.
New york.
669. Governor Montgomerie to the Council of Trade and 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 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 affirmation 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, Recd. 16th June, Read 1st July, 1729. Holograph. 5 pp. [C.O. 5, 972. ff. 186– 188v.; abstract, 185v.]
April 21.
670. Duke of Newcastle to the Council of Trade and Plantations. Encloses following received from Col. Dunbar for their report. Signed, Holles Newcastle. Endorsed, Recd., Read 22nd April, 1729. ¾p. 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 Contractor 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 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 ½ 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. 2 ½ pp. [C.O. 5, 870. ff. 204, 205– 207v.]
April 22.
671. Thomas Beake, Agent for St. Christophers, to the Council of Trade and Plantations. Prays for report upon several Acts of St. Christophers which have been reported upon by H.M. Counsel learned in the law etc. Signed, Tho. Beake. Endorsed, Recd., Read 22nd April, 1729. 1 p. [C.O. 152, 17. ff. 49, 50v.].
April 22.
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].
April 22.
st. Jame's.
673. H.M. Warrant to John Rollos, engraver, for engraving 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 Provinciæ Nostræ Novæ Scotiæ in America," and in the exergue this motto, Terræ Marisque Opes; and on the other side Our royal arms, garter, supporters and motto, with this inscription round it, Georgius Secundus, Dei Gratiâ, Magnæ Britanniæ, Franciæ et Hiberniæ Rex, Fidei Defensor, Brunsvici et Luneburgi Dux, sacri Romani Imperii Archi Thesaurius et Elector." Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 110, 111].
April 25.
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 Government, 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 misemploy 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 fees fixed for the officers to take, so that the people laboured under these greivances, which I thought myself obliged immediately 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 will 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 avoiding 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, Recd. 18th, Read 20th June, 1729. If pp. [C.O. 152, 17. ff 71, 71v., 72v.].
April 25. 675. Memorandum of duties upon naval stores etc. Endorsed, Recd, (from Mr. Oxenford), Read 25th April, 1729. ½ p. [C.O. 323, 9. ff. 7, 10v.].
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, 109v.].
April 30.
677. Lt. Governor Pitt to the Council of Trade and Plantations. 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 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 Lordships; 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 recomend it to yor. Lordships' consideration etc. Signed, John Pitt. Endorsed, Recd. 23rd June, Read 15th July, 1729. 2 pp. [C.O. 37, 12. ff. 35, 35v., 38v.]
April 30.
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 (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, Recd. June 20th. 2 1/3 Pp. [C.O. 37, 29. No. 3.]
April 30.
679. Same to the Duke of Newcastle. To same effect as letter to Council of Trade. Signed, John Pitt. Endorsed, Recd. 29th June. Copy sent to Lord Townshend. Holograph. 1 ½ pp. [C.O. 37, 29. No. 4.]
April 30.
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, Recd. 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 themselves 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 4th 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 prejudiciall to the Trade and Navigation of Great Britain, all attempts of which kind have been constantly discountenanced 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 ¾ pp. [C.O. 152, 17. ff. 55–59, 62v.]
April 30.
681. Order of Committee of Privy Council. As the Commission (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. III, 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, Recd. 3rd, Read 6th May, 1729. 2 pp. [C.O. 194, 8. ff. 196, 196v., 201v.].
April[ ].
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 consideration of the Lords Commissioners of Trade etc. He will use his best endeavours to obtain H.M. approbation of them. No signature. 2 ½ pp. [C.O. 152, 43. ff. 45–46].