America and West Indies: September 1729

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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'America and West Indies: September 1729 ', in Calendar of State Papers Colonial, America and West Indies: Volume 36, 1728-1729, (London, 1937) pp. 475-485. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol36/pp475-485 [accessed 19 March 2024]

September 1729

Sept. 2.
London.
892. Mrs. Dunbar to Mr. Popple. Encloses following received yesterday, in absence of Mr. Dunbar. Signed, Mary Dunbar. Endorsed, Recd. 3rd Sept., 1729, Read 6th May, 1730. ½ 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 tomorrow. This ship sails tomorrow 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 Hampshire, 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. ff. 86, 87–88, 89v.].
Sept. 2.
Whitehall.
893. Council of Trade and Plantations to the Committee 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.
Kensington.
894. H.M. license (by Queen Caroline) to fell trees in N.E. in pursuance of following contract to bring over 9 ship loads of masts etc., etc. as July 14. Countersigned, Holles 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.
Jamca.
895. Governor Hunter to the Council of Trade and Plantations. 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 parishes 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 disguis'd as well as declar'd 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 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 have 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, Recd. 20th Dec., 1729, Read 17th Feb., 1729/30. 4½ pp. Enclosed,
895. i. Minutes of Council of War. St. Jago de la Vega, 30th June, 1729. Same endorsement. Copy. 2½ pp.
895. ii. Extract of letter from Lt. Gov. Sir W. Beeston, 23rd June, 1694. v. C.S.P. No. 1236. i. Same endorsement. 1¼ pp. [C.O. 137, 18. ff. 53–55, 56v.–59v., 60v.].
Sept. 6.
Jamca.
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 can 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. 2? pp. Enclosed,
896. i. Copy of No. 895. [C.O. 137, 53. ff. 170–174.].
Sept. 7.
Virginia.
Wms. burgh.
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 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, Recd. 4th Nov., 1729, Read 12th March, 1731. Holograph. 1¾ pp. Enclosed,
897. i. List of Officers in Virginia in 1729. Endorsed, Recd. 4th Nov., 1729. 14 large pp. [C.O. 5, 1322. ff. 124, 124v., 125v.–133v., 135v.]
Sept. 7.
Portmo' in
New England
898. Lt. Governor Wentworth to the Council of Trade and Plantations. Announces death of "our incomparable Governour" 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 Deny, 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 thôt 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 committed 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 Aprill 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, Recd. Read Oct. 23rd, 1729. 3 pp. [C.O. 5, 870. ff. 279–280v.]
Sept. 7. 899. Extract from preceding letter. ½ p. [C.O. 5, 931. No. 17].
Sept. 9.
Kensington.
900. Duke of Newcastle to Governor Hunter. Encloses report of Board of Trade on the purchase of Lynch's Island 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, Holles Newcastle. Annexed,
900. i. Copy of No. 866, q.v. [C.O. 324, 36. pp. 150–155.]
Sept. 9.
Kensington.
901. Duke of Newcastle to Governor Hunter. Draft of preceding. Signed, Holles Newcastle. 1? pp. [C.O. 137, 53. ff. 176, 176v.]
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, Recd., Read 19th Nov., 1729. Holograph. 1 p. [C.O. 152, 17. ff. 104, 105v.; 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 recommendation for the Governorship. "I have been in the second 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, 52v.]
[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 administration 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. 2½ 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.
Boston.
905. Same to the Council of Trade and Plantations. Repeats gist of preceding. Signed, Wm. Dummer. Endorsed, Recd. 4th, Read 6th Nov., 1729. Holograph. I? pp. [C.O. 5, 870. ff. 285, 285v., 286 v.]
[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, Recd. 22nd Sept. 1729, Read 24th March 1730/1. 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, Recd. 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, 33 v., 34 v., 35, 36, 37, 38, 39, 40, 41, 41 v., 42, 43 v.]
Sept. 23.
Whitehall.
907. Council of Trade and Plantations to the King. In 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.
St. Chris-
tophers.
908. Lt. General Mathew to Mr. Popple. Your letter of 24th July on Lord Londonderry's being dead was delivered to me etc. His Lordship's death puts an end to all difficultys on 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. decd. 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. approbation. 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, Recd. 27th Nov., 1729, Read 13th Oct., 1730. 2½ pp. [C.O. 152, 18. ff. 7–8v.]
Sept. 27.
Barbados.
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. 6d 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 representatives 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, 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.]
Sept. 29. 910. Petty expenses of the Board of Trade, Midsummer to Michaelmas, (v. Journal). 5 pp. [C.O. 388, 79. Nos. 50–52.]
Sept. 30.
Whitehall
Treasury
Chambers,
911. 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. ½ p. [C.O. 388, 79. No. 53.]
Sept. 30.
Whitehall.
912. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Request payment of Office expenses and Officers' Salaries for quarter ending Michaelmas. Account annexed. [C.O. 389, 37. pp. 304, 305.]