America and West Indies: June 1730, 1-15

Pages 130-147

Calendar of State Papers Colonial, America and West Indies: Volume 37, 1730. Originally published by His Majesty's Stationery Office, London, 1937.

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June 1730, 1-15

June. 2.
266. Mr. Popple to Daniel Pulteney Esq. My Lords Commissrs. have for some time been collecting all the proofs they can find, in support of H.M. title to the islands of Sta. Lucia, St. Vincents and Dominico ; and as this matter at least so far as relates to Sta. Lucia, was formerly under your consideration at Paris etc., they desire that if any particular facts or observations have occurred to you, material for this end, you would be pleased to communicate them to their Lordsps., wch. they will esteem as an obligation. [C.O. 29, 15. pp. 133–135.]
[June 2]. 267. Deposition of Thomas Lake, Master of the Hope. Bideford, April, 1730. Bound from Newfoundland to Cadiz, laden with dry cod fish, and arriving there 13th Oct., 1718, without any knowledge of any breach with Spain, the crew were made prisoners, the ship seized, plundered and fitted out for the King of Spain's use. The ship and cargo was worth 2320l. Inventory annexed. Signed, Thomas Lake. Endorsed, Recd. 2nd June, 1730. Copy. 1 p. [C.O. 388, 89. ff. 78, 78v.]
June 2. 268. Thomas Lowndes to the Duke of Newcastle. Duplicate of No. 275 i. Signed, Tho. Lowndes. Holograph. 1 p. Encloses following.
268. i. Richard Lambton to Thomas Lowndes. Copy of No. 275 ii. ½ p. [C.O. 5, 388. ff. 20, 21.]
June 3.
269. Order of Committee of Privy Council. The Lords Commissioners for Trade and Plantations are to prepare a proper Instruction to the Governor of New England, for H.M. Royal signature, signifying that, as a means to encourage the discovery of persons who destroy H.M. woods, H.M. is graciously pleased to grant his share to the Informer of the penaltys inflicted by the Act for the further encouragemt. of Naval Stores. And that the said Governor be required in the strictest manner, to take especial care, that by H.M. giving this encouragement, it doth not induce persons clandestinely to cut down and lay waste H.M. woods in those parts, instead of conducing to the preservation thereof, by collusions between the Informer and the persons who shall be prosecuted. And that the said Lords Commissioners do likewise prepare another draught of Instructions, proper to be sent hereupon to Col. Dunbar, requiring him in like manner to take all possible care to prevent collusions etc. Signed, W. Cory. Endorsed, Recd. 15th, Read 19th June, 1730. 1¾ pp. [C.O. 5, 871. ff. 118, 118v., 119v.]
June 4. 270. Petition of Representatives of New Jersey to the King. Wee your Majesty's most loyall and dutifull subjects etc., by the early care your Majesty has been pleased to shew for the general benefit of all your people, are animated to beleive, that nothing which may contribute to the advantage and prosperity of this (tho' small and distant) part of your dominions, will be denied us etc. Wee humbly apprehend it would much more conduce to the benefit of this Province, and be no prejudice to that of New York, were there Governours, as are the Governments distinct. It is a peculiar happiness many of our fellow subjects enjoy, to be near your royall person and to pertake of the immediate influence of so good a Government ; but since our distance deprives us of that great benefit, it might (wee humbly hope) in some degree be recompens'd, by having a person cloath'd with your Majesty's authority constantly residing amongst us. This wee cannot expect whilst under the same Governour with New York, that Goverment necessarily taken up so much of our Governour's time, that but a small part of it can fall to our share : and his residence being chiefly there, renders application to him from hence, on ordinary occasions difficult, and in extraordinary (however willing) he may be unable to releive, untill the affairs of that Province will permitt his coming into New Jersey. Under the like difficultys (and for the like reason) we have laboured in respect to our principall officers who have formerly been inhabitants of that colony, which not only renders them less usefull in their severall stations, but by spending their sallarys there, drain'd us of money which would otherwise have circulate amongst us. Our having the same Governour with the Colony of New York, at first, was (as wee humbly conceive) because this Province was then in its infancy, the inhabitants few, and it might justly have been thought too heavy a burden to maintain a Governour of our own, but since wee are now much more numerous, and are as able and willing to support one, as divers of our neighbouring colonies who enjoy that benefit, wee are humbly of opinion, the granting this colony such a Governour, might tend to encrease our wealth and put us in a condition to emulate our neighbours in trade and navigation. Wee intreat your Majesty to beleive, that nothing wee here say proceeds from any dissatisfaction to our present Governour ; on the contrary, wee are very well pleased with his government and desire it may continue during your royall pleasure, but all wee humbly ask is, that when your Majesty shall think fitt to put a period to his government, you will then graciously condescend to bestow a distinct Governour on this your Colony of New Jersey. That your Majesty may long live to enjoy the Crown you wear with ease and delight, exceeding in honour your illustrious ancestors; that when you part with an earthly diadem, it may be to receive a crown more permanent and glorious ; and, that Great Brittain and these Dominions may be always happy in a Soveraign, whose virtues are so conspicuous (as in duty we are bound) shall be the prayers of your most dutifull and most loyall subjects etc. By Order of the House, Signed, John Kinsey jr., Speaker. Divers of the Members of this Assembly being of the people called Quakers concurr to the matter and substance of this address but make some exceptions to the stile. 1 large folded p. [C.O. 5, 983. f. 18.]
June 4. 271. Mr. Popple to Mr. Fane. My Lords Commissrs. for Trade and Plantations having received a petition from the Merchants trading to South Carolina, relating to the laws of that Province, for the execution of justice, I am commanded to send you a copy of their Petition, as also the publick acts of that Province from August 1721, to the present time, which any ways relate thereto, and to desire your opinion in point of law, whether any of the said Acts are lyable to the objections raised by the merchants thereto. [C.O. 5, 400. p. 280.]
June 4.
272. Same to Same. Encloses Charter to the Lords Proprietrs. of Carolina, and desires his opinion whether according to that Charter any grant from the Lords Proprietors be valid, unless signed by them all, under their Common Seal. [C.O. 5, 400.]
June 5.
273. Same to Mr. Attorney General. Refers to letter of March 18 and asks for return of papers sent therewith. [C.O. 5, 400. pp. 281, 282.]
June 5.
274. Col. Dunbar to Mr. Popple. Has little to add to his letter of 25th May etc. Continues:—On the 27th of May the Genll. Court met near this town to elect 28 Councillers according to the annual custome, when by a party made beforehand 8 of the old ones were left out, Gentlemen of ye best distinction in ye country, but they were those who shewed a due regard to H.M. instructions to his Governours, wch. was their crime, and they are turn'd out because they stunk of ye prerogative and a great number of the electors were for voteing them out of all employments, several of them being Judges of the Courts of Law. At the late election of Members for this toune, wch. in imitation of London send 4, one Mr. Cradock an English merchant and a churchman, sett up for one, the town was much alarmd at it, crying popery was comeing in upon them like a torrent and they were to be devour'd by the scarlet whore, such is their respect to the Church of England. It is impossible for any Englishman or Churchman ever to come into their House of Representatives whilst the elections are managed as at present, they are made by a town meeting, and they governd by a Moderator for that day, from whom there is no appeal, Doctor Cook was Moderator, and also one of the candidates, he refused some votes and scrutinized others well qualifyed, but passed all who voted against Mr. Craddock, and there is noe precedent where an election was controverted in the House, nor any hopes there for a churchman, etc. Concludes :—I have had notice of more complaints against me, I know not ye particulars, but am sure they are all levelled at the new settlement, and I am sure they can say no more with truth, than my own acknowledgments in all my letters etc. Signed, David Dunbar. Endorsed, Recd. 2nd July, Read 28th Oct. 1730. Holograph. 2 pp. [C.O. 5, 871. ff. 182, 182v., 183v.]
June 5.
275. Duke of Newcastle to the Council of Trade and Plantations. Encloses following, "which you will please to consider, and to give it such countenance and encouragement, as it shall appear to you to deserve." Signed, Holles Newcastle. Endorsed, Recd. 5th, Read 11th June, 1730. ¾ p. Enclosed,
275 i. T. Lowndes to the Duke of Newcastle, 2nd June, 1730. Encloses following, "by a partner with Mr. Wragg." Continues :—Some of the best merchants of the Citty of London are now fully convinced that great quantitys of right good pott ash can be made to profitt in our American Plantations, and in a few months there will be some tons of that valuable commodity imported hither from Carolina." Signed, Tho. Lowndes. Holograph. 2 pp. Enclosed,
275. ii. Richard Lambton to Thomas Lowndes. May 16, 1730. A noted Soapboyler, who has tryed the hogshead of pott ash, that came some time since from Carolina, has owned that it is as good as the East Country in all respects but colour etc. Signed, Richd. Lambton. Copy. ¾ p. [C.O. 5, 361. ff. 115, 116–117, 120v.]
June 5.
276. Council of Trade and Plantations to the King. Recommend William Hayman for the Council of Jamaica in place of Mr. Swymmer decd. [C.O. 138, 17. pp. 289, 290.]
June 7.
277. Mr. Pulteney to Mr. Popple. Reply to No. 266. Cannot supply the information required as his papers are in town, and what he collected on that subject was chiefly from the books in the office etc. Signed, D. Pulteney. Endorsed, Recd., Read 9th June, 1730. 1 p. [C.O. 28, 21. ff. 68, 69v.]
[June 8]. 278. Governor Johnson to the Council of Trade and Plantations. Suggestions on the draught of his Instructions. Hopes to be allowed house-rent etc. Endorsed, Recd. 8th, Read 9th June, 1730. 2½ pp. [C.O. 5, 361. ff. 109–110v.]
June 9. 279. Mr. Fane to the Council of Trade and Plantations. In reply to 4th June, is of opinion that no grant will be valid unless it is under the hands and seal of all the Proprietors, for the powers given to them are joint, and cannot be legally executed without the express consent of the whole etc. Signed, Fran. Fane. Endorsed, Recd., Read 9th June, 1730. 2/3 p. [C.O. 5, 361. ff. 111, 112v.]
June 9. 280. Galfridus Gray to the Council of Trade and Plantations. By the late Treaty of Peace with Spain we are told, that all the British damages which we have received by the Spaniards since the solemn Peace of Utrecht, will by agreement have reparation, and whereas many men may only concern themselves in fully setting forth their own damages etc., I shall omit my own (of which I gave your Lordship a hint in 1723) and here only set forth a great national damage done by the Spaniards in taking the Bay of Campeachy from us soon after ye abovesaid Treaty etc. Our right to that place is evident by your report to the House of Commons etc. As to my long and personal acquaintance with many of the American countries, let what I have laid before your Lordships with respect to several national advantages that way, justifie it. I shall only say, as elsewhere, that I have known America near 40 years etc. Has been assured by some of his acquaintance present at the time that 60 sail of English ships were then taken by the Spaniards. Refers for corroboration to p. 33 in the treatise called Remarks on the letters of the Spanish Ministers, published 1727 etc. To obviate an objection that myght be made by some that are not acquainted with the methods of loading ships in some of the American countries ; say such, why wou'd 60 English ships be taken, had they not men enough to defend themselves? To this I answer, in Virginia and Maryland etc., their ships lie in rivers where there is not any house near them, and fastned by their cables to trees ; in Campeachy the ships ride at anchor by a little island called Treist, at the enterance of that Bay, and the logwood which they goe thither to load, some of it may be cut the best part of 100 miles up the country ; In Virginia etc. they fetch some tobaccoes 200 miles, also many time they have only a man and boy left on board a ship of 400 tons, except when a sloop comes on board with tobacco, and no sooner unloaden but they are gone again. So it is in the Bay of Campeachy, they fetch their logwood in boats etc., so that the men belonging to the ships, they were gone up the country up in the woods which the Spaniards knew, also we knew that we had no fortification to defend the ships. Your Lordships know that the logwood trade must be a great advantage to the Nation, both to the Crown and subjects, it was wholly in our hands, it paid 4l. per tun duty to the King, and altho' the common price in the Bay was 5l. per tun, the merchant had a sufficient profit, it sold for 13 sometimes up to 18 or 20l. per tun ; that it was a great advantage is evident by the risques run to get it, since the bay have been taken from us, contrary to Treaty; By so late an account, as the 26th of last month, we are told in the daily Post Boy, 14 more of our ships are taken by them ; also in the same paper, it is said, that the Spaniard had taken another belonging to New England, and cut all that sloop's Company to peices in cold blood, only the cabin boy escaped, this is not a singular instance, but a late one. My Lords, such are injuries done to a Nation which in the time of it, have been able to drive them every Spaniard out of those seas or any other that dared to affront us : why we thus suffer I know not; I have been taken by them at an English island, and carried to and put a shore on a desolate island without an ounce of victuals, where I lived miserably 13 weeks and 2 days before I gott off etc. Refers to clause in Treaty of Utrecht etc. Continues:—We are the only Nation that the Spaniards thus use, the French have taken upon them near if not full three parts of their great island Hispaniola, and the Dutch an island 80 miles up the Gulf of Venezuela, which are the two chief places of trade these nations have in America, yet we must suffer 20 times as much as both when we are 20 times better able to resent it etc. I humbly hope your Lordships will please to pardon any warm expression; I have felt their inhumane treatment etc. Estimates the damage done by the Bay of Campeachy being thus unlawfully taken from us at 1,239,000l., besides the value of the ships since taken, amounting to about the same sum etc. "This damage is of more value than all the Navy of Spain."Concludes:—America rightly considered and improved is the country that might be of the very greatest consequence both as to trade and power. Profits in trade your Lordships know is the support of power, then the more trade any nation has or gets from us or we from them, so much is the alteration in power and trade. Both of which may be very much altered in the American parts of the world, and in a very little time, as I cou'd shew how, if it were desirably requested. Signed, Galfridus Gray. Copy. 7 pp. [C.O. 388, 89. ff. 182–185.]
June 10.
281. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Annexed,
281. i. Same to the King. In obedience to command of 22nd Nov. last, have prepared Instructions for Governor Johnson etc. Continue:—We take leave humbly to represent to Your Majesty, that the appointment of the late Govr. having been only provisional, his Instructions were not so full as those of other Governors : but Your Majesty having since that appointment been pleased to purchase the Sovereignty of this Province, with seven eighth parts of the land thereof, we think it for Your Majesty's service that Col. Johnson shou'd be as amply instructed as Your Majesty's other Governors in America are, and therefore have inserted in the enclosed draught all such Instructions, as are usually given to other Governors, where the same were applicable to the present circumstances of this Province, taking notice in this report of such alterations as we have made therein. In the first Article we have added the names of Thos. Brought, Jno. Fenwick, Jos. Wragg, Thos. Waring, and Jno. Hammerton Esqrs., in the room of Thos. Smith, Jos. Morton, Wm. Gibbon, Cha. Hart and Ben. de la Conseillere Esqrs. Your Majesty having been pleased to purchase seven eighth parts of the arrears of Quit rent due from the possessors of land in Carolina, we think it will be for your Majesty's service, considering the circumstances of this Province that you should be graciously pleased to remit the same upon the conditions following vizt: 1st That the Assembly do pass an act for repealing one formerly consented to by the Lords Proprietors to ascertain the prices of land etc., for should this act continue in force, your Majty. would not only be prevented from disposing of your land in the most advantageous manner for your service, but ye value of your quit rents would greatly depend upon the people ; for by the sd. act the quit rents are made payable in the produce of the country at a price to be fixed by three persons nominated by the Govr. and Council and 3 by the Assembly. 2dly. That all the possessors of land, do register their grants, that your Majty. may be inform'd thereof, and of the quit rents reserved thereon, and 3rdly That they do pay such quit rents for the future in Proclamation money, and therefore we have prepared the 19th Instruction accordingly. There is an act subsisting in this Province etc. for calling in and sinking the paper bills, and part of the duties arising from the said act are at present applicable to ye paying of certain bills of credit now current in the said Province. But the planters and merchants trading to South Carolina have represented to this Board, the necessity there is of applying such part of the said duties for the term of seven years to ye charge of surveying and laying out townships, and to the purchasing of tools, provisions and other necessaries for any poor Protests, that shall be willing to settle there, and we have prepared the 20th Instruction for that purpose, being of opinion, that this appropriation may be a great incouragement to the more speedy and effectual settling of this Province. There being no money current in this Province but paper bills, and those at a very great discount, and the planters and merchants having represented to us the absolute necessity there is of having some paper mony current there to serve as a medium of trade, we have prepared the 21st—32nd articles, whereby we have endeavoured not only to remedy the inconveniences commonly attending a paper currency, but have prescribed a method of calling in and cancelling the bills now current without prejudice either to the planters or merchants. The experience we have had of the good effect of a scheme of this nature in New Jersey has inclined us to propose this ; to which may be added that a due execution of such a scheme would in time give the Province ease by sufficiently providing for the current expence by the intrest arising from these new bills, without burthening ye people with any taxes. In the 38th Article directing the Governor to take care that fair books of accounts of all receipts and payments of publick mony, be duly kept, we have inserted the following words : "And that all such accounts be audited and attested by Our Auditor General of the Plantations or his Deputy, who is to transmit copies thereof." The usual manner of granting lands by the Lords Proprietors of late years, was to receive a fine of 20l. and reserve a quit rent of 10s. for each 1000 acres : But we conceive it may be more for your Majesty's service to make an augmentation in the quit rents, in lieu of that fine, and have therefore prepared the 58th Instruction, directing the Governor to reserve a quit rent of 4s. pr. 100 acres in all grants to be made for the future. We have inserted the 53rd—56th Articles, in relation to the grants of lands already made as well as for regulating such as shall be made for the future, and for the settling of townships, on such places as we thought proper for your Majesty's service and the good of the Province. We have added the 57th Article to incourage the importation of white people, the black bearing at present too great a population to the number of whites. Your Majesty has already been pleased to give Instructions of the like nature to the Governors of Virginia and Jamaica. We have inserted the 63rd Instruction, that your Majesty may be the better informed of such offices and places as were granted by the late Lords Proprietors under their common Seal before 1st Jan. 1727/8, and for which there was an express saving in the Act of Parliament for establishing an agreement with seven of the Lords Proprietors etc. The fort of Alatamaha, which we conceive to be of much importance to your Majesty's possessions in this Province, having been neglected, we have inserted the 117th Article, that the same may be immediately repaired, and a detachment of your Majesty's Independant Company constantly kept there. There having been disputes between the two Provinces of South and North Carolina, in relation to ye boundary line between them, we take leave to propose that the line be run according to the 121st Article. We have inserted the 125th Article at the request of the merchants trading to South Carolina etc. We have made no other additions or alterations in these Instructions nor in those which relate to the Acts of Trade, than such as your Majesty has already been pleased to approve in former Instructions to your other Governors in America.
281. ii. H.M. Instructions to Robert Johnson, Governor of S. Carolina. 124 Articles, as described in preceding. Article xix. Whereas We have been at a considerable charge in purchasing the Sovereignty of the Provinces of South and North Carolina, together with seven eigths parts of the land thereof, from the late Lords Proprietors, and have actually paid them in consideration of seven eigths parts of quit rents only, alledged to be due and in arrear to them from the inhabitants of Our said Provinces the sum of 5000l., Now as a farther mark of Our royal bounty and fatherly indulgence to Our people under your Government, We do hereby impower you to give your assent to a law for remitting the said arrears, provided the Assembly do by the same law repeal the act to ascertain the prices of land etc., and do thereby provide that all possessn. of land in Our Province under your Government do forthwith register the respective grants by which they claim such lands, in the office of Our Auditor General or his Deputy, a copy of which register, and of all grants to be made for the future you are to send to Us and to our Commissioners for Trade etc., and that every person possessing land in the sd. Province, by virtue of any grant from the late Lords Proprietors, do for the future pay to Us, Our heirs and successors, the annual quit rents reserved upon such grants respectively in Proclamation money. Article XX. And whereas there is at present a certain act in force for calling in and sinking the paper bills, and part of the produce of the duties imposed by the said act is applicable for and towards the discharging and sinking of the bills of credit now current, and it hath been represented to Us, that it would be a great encouragement for the more speedy and effectual settling of Our said Province if the Assembly were permitted for the space of seven years to apply the produce of such revenue arising from that act as are now appropriated to the discharge of the old bills of credit to the charge of surveying and laying out townships, and to ye purchasing of tools, provisions and other necessaries for any poor Protestants that shall be desirous to settle in Our said Province: We are graciously pleased to comply with the request of the planters and merchants in this particular, and you are hereby empower'd to give your assent to a clause in some act for suspending the first design of the aforementioned act, and for applying the said sinking fund for the space of seven years to the purposes aforesaid. Provided always that the Assembly do pass an effectual law to answer the purposes of the foregoing Instruction for registering of grants and regulating the future payment of quit rents in the manner therein directed, and that the clause for this suspension be made part of the same law. But you are to take care that a particular and distinct account be kept of the mony so apply'd by an Officer to be by you appointed for that purpose, who shall annually transmit the same attested by you to the Commissioners of Our Treasury etc. and to Our Commissioners for Trade etc., and which accounts shall be first audited by Our Auditor General of Our Plantations, or his Deputy etc. Article xxi. But whereas great inconveniencies have heretofore happen'd in So. Carolina from the issuing of large sums of paper money without sufficient funds for the gradual repaying and cancelling the same; and whereas several persons as well merchants as planters have lately represented to Us the absolute necessity that some paper mony should be allowed to have a currency in Our said Province, under proper regulations, as well for carrying on the annual services of Our Government there, as for daily circulation of trade amongst the inhabitants. Now being desirous to promote the welfare of the people under your Government, We have thought fit, and do hereby empower you to give your assent to an act or acts for the establishing a new paper currency upon such a foot as may best answer the necessities of the Province, and be most conducive to the publick utility thereof. But you are to take care that a clause be therein inserted to suspend the execution thereof, until Our Royal pleasure shall be known thereupon. Article xlii. And whereas great inconveniencies have arisen in many of Our Colonies in America, from the granting excessive quantities of land to particular persons, which they have never cultivated; and have thereby prevented and others more industrious from improving the same, more particularly in S. Carolina, where several persons claim a right to many thousand acres, which they have not yet taken up, You are hereby directed to recommend to the Assembly etc. to pass an act or acts, whereby the owners of all lands already granted by the late Lds. Proprietors shall be obliged within a reasonable time to take possession of and cultivate the lands by them claim'd on penalty of forfeiture of such right of claim, and to prevent the like inconvenience for the future in all grants of land to be made by you by and with the advice and consent of Our Council you are to take especial care that no grants be made to any person but in proportion to his ability to cultivate the same, and that proper clauses be inserted for vacating the said grants on failure of cultivation or payment of ye quit rents reserved thereon. And as ye most probable measure for your judgement in this particular will be to proportion the quantity of land to the number of persons and slaves in each grantee's family: you are hereby directed not to grant to any person more than 50 acres for every white or black man, woman or child of which the grantee's family shall consist at the time the grant shall be made. But in the laying out of all lands for the future where such lands shall be contiguous to rivers you are to take care that not above ¼ part of the land granted shall border upon the river, that is to say, there shall be four chains in depth backwards to every chain in front upon the said river respectively, and so in proportion for any larger quantity, and that a free passage to and from the said river be reserved for the use of all H.M. subjects. (Diagram annexed). Article xliii. Whereas it has been found by long experience in Our Provinces of New Hampshire and the Massachusetts Bay, that ye settling of such persons as were disposed to become planters there in townships hath redounded very much to their advantage; not only with respect to ye assistance they have been able to afford each other in their civil concerns, but likewise with regard to the security they have thereby acquired agt. ye insults and incursions of ye neighbouring Indians. We have thought it for Our service, and you are hereby required to mark out and set apart eleven townships in Our Province on ye banks of rivers, at sixty miles distance from Charles Town, that is to say, 2 townships upon ye river Alatamahama, 2 on ye Savana river, 1 on the head of Ponpon river, 2 on Santee river, 1 on Watry river, 1 on Black river, 1 on Peedee river, and 1 on Wacomace river. It is Our will and pleasure that each of these townships do consist of 20,000 acres of land to be laid out in square plats of ground, one side thereof to front ye respective rivers, on which they shall be settled. In each of these townships, you shall mark out a proper place for ye situation of a town contiguous to the river where ye township lyes, to consist of so many lots, and each lot of such quantity of land as you shall judge convenient, and to each inhabitant at their first settling there, besides there respective town lots, you shall grant 50 acres part of ye abovementioned 20,000, for evry man, woman or child, of which ye grantee's family shall consist; which grants shall be augmented from time to time, as ye abilities of ye respective inhabitants shall render them capable of cultivating more lands, always taking care to proportion ye profitable and unprofitable land in such manner, that every grantee by ye situation of his land may reap equal advantage, of access to ye river to wch. ye township shall be contiguous; and to ye intent, that land near ye sd. township may not be wanting for ye convenience of ye inhabitants as their substance shall increase, no person except ye inhabitants shall be allow'd to take up any lands within six miles of ye sd. townships respectively to wch. ye sd. townships shall be contiguous. Article xliv. It is Our further will and pleasure, that each of these townships, together with all lands on ye same side of ye river lying within six miles of ye sd. township respectively, be erected into a distinct parish, and that when any of the intended parishes shall have 100 householders, they be entituled to send two members to Our Assembly, and to enjoy all such other privileges as do of right, and common usage belong to other parishes, in Our said Province. Article xlv. And as a farther encouragement to such persons as shall [be] dispos'd to settle in these townships, We are graciously pleas'd to allow ye inhabitants thereof a right of common and herbage, in and through all such lands contain'd within ye extent of ye sd. townships respectively as shall not be taken up by particular grants made to ye sd. inhabitants. And that a quantity of land not exceeding 300 acres contiguous to ye sd. town shall be set apart for a common in perpetuity to each of ye said towns, free from quit rent. And it is Our will and pleasure that you do with all convenient speed lay out these townships, and that no person claiming a right to take up land in South Carolina by former grants from ye late Lds. Proprietors, be allow'd to take up lands within six miles of these townships by virtue of such grants. Article xlvi. And whereas We have been informed that the number of white men in Our said Province bears so small a proportion to that of ye blacks, which is not only a hindrance to ye peopling and settling the same, but may be also of dangerous consequence from ye attempts of an enemy and even from an insurrection of ye negroes. It is Our will and pleasure that you recommend in the strongest terms to ye Assembly that they pass an act giving suitable encouragement to all who shall import servants into the Province, either men or women; and as an encouragement for white servants to go thither, We are graciously pleased to allow you to grant fifty acres of land free of quit rent for ten years to all white servants men, or women, who shall have served their masters ye whole time of their agreement, and shall be willing afterwards to become planters or settlers in the sd. Province. Article xlvii. And whereas by Our Commission, you are impowered to settle and agree, by and with the advice and consent of Our Council, with ye inhabitants of Our said Province for such lands and tenements and hereditaments as now are or hereafter shall be in Our power to dispose of them to grant to any person or persons upon such terms, and under such moderate quit rents services and acknowledgements, to be thereon reserved unto Us, as you by ye advice aforesaid shall think fit. It is nevertheless Our will and pleasure that you do not make any grants of lands to any person whatsoever under a less quit rent than four shillings Proclamation money for every hundred acres, except for ye first ten years to white servants etc., and the like term for those who shall undertake to settle the eleven fore-mentioned townships or any of them. Article xci. And whereas there is great reason to believe that ye Indians on ye Frontiers of South Carolina who have of late years fallen off from ye British interest there, have been in some measure provok'd thereto, by ye injustice and ill usage, which they have rece'd from our subjects in your Government; and it being highly necessary for ye welfare of Carolina that a good understanding shou'd be maintained with ye Indian nations, as well for ye promoting of trade, as for ye security of ye frontiers of yor. Government. You are hereby particularly enjoyned to use all possible ways and means for regaining the affections of ye sd. Indians to preserve a good correspondence with such of them as remain faithfull to our interest, but especially with ye Cherikee Indians inhabiting ye mountains on ye north-west side of yr. sd. Province of South Carolina; and you are likewise hereby directed to recommend in your strongest terms to ye Indian traders to be just and reasonable in their dealing, with ye native Indians, and likewise to propose to ye Assembly, if you and our Council there shall judge it necessary to pass one or more laws for ye better regulation of ye sd. Indian trade and for ye incouragement and protection of such Indians as shall adhere to our intrest. Article cvi. Whereas We have been informed that our fort at Alatamahamah hath been deserted, and that the detachment of Independent Company appointed to guard the same, is retir'd to Port Royal. It is Our will and pleasure, that you do forthwith detach a sufficient number of men from our said Independent Company to keep constant guard at ye sd. fort. But if upon enquiry you shall find ye sd. fort demolis'd or you doe conceive that a fort might be erected in any other place more healthful and equally sufficient [sic] the embouchuer and navigation of ye river Alatamahama, you are hereby empowered to alter the situation thereof but in all events, you are to take effectual care that a fort be repaired or erected, and always kept in sufficient repair, capable to answer the aforementioned purpose, for securing ye navigation of ye said river. (cix.) You shall transmit unto Us, and to Our Commissioners for Trade and Plantations by ye first oppertunity a map, with an exact description of the whole Province under your Government, with ye several plantations upon it, and of ye fortifications; and as also, of the bordering Spanish and Indian settlements. (cx.) And in order to prevent any disputes that may arise abt. ye Northern boundaries of Our Province under your government, We are graciously pleased to signify Our pleasure, that a line shall be run (by Commrs. appointed by each Province) beginning at ye sea 30 miles distant from ye mouth of Cape Fear river on ye south-west thereof, keping the same distance from ye said river as ye course thereof runs, to ye main source or head thereof; and from thence the said boundary line shall be continued due west, as far as ye South Seas; But if Waggaman river lyes within 30 mile of Cape Fear river, than (? then) that river to be ye boundary, from ye sea to ye head thereof, and from thence to keep ye distance of 30 miles parralel from Cape Fear river to ye head thereof, and from thence a due west course to ye South Sea. (cxiv.) Whereas several merchants of Great Britain trading to South Carolina have complained that by certain acts now in force etc. duties are imposed upon negroes imported there, and made payable by the importer, to ye discouragemt. of ye said trade, and have desired the sd. duties may for ye future be made payable by the purchasers and not by ye importer, submitting nevertheless that the importer of his factor shall be security to ye publick for repaymt. of ye said duty, in case of ye purchaser's failure, It is Our will and pleasure that you endeavour to get a law pass'd for explaining and altering the laws for collecting of ye sd. duties on negroes agreeable to the desire of ye merchants, (cxxii.) You are likewise from time to time to give unto Us and Our Commissioners for Trade and Plantations an account of ye wants and defects of Our said Province, what are the chief products thereof, what new improvements are made therein by ye industry of ye inhabitants or planters, and what further improvements you conceive may be made, or advantages gained by trade, and which way We may contribute thereunto, (cxxiii.) If anything shall happen which may be of advantage and security of Our sd. Province, which is not herein or by Our Commission provided for; We hereby allow unto you, with ye advice and consent of Our sd. Council, to take order for ye present therein, giving unto Us, by one of Our principal Secretaries of State, and to Our sd. Commissioners for Trade and Plantations speedy notice thereof, that so you may receive Our ratification thereof if We shall approve of the same, provided always that you do not by colour of any power or authority hereby given you commence or declare war, without Our knowledge, or particular commands therein, except it be against Indians upon emergencies wherein the consent of Our Council shall be had and speedy notice given thereof to Us as aforsaid etc. [C.O. 5, 400. pp. 283–376].
June 11.
282. Mr. Lascelles, Collector of Customs, Barbados, to Horatio Walpole. My brother having acquainted me that your Excellency was willing to know what number of French inhabitants were on Santa Lucia, what they did there, and how they were governed, etc. I am informed, by persons here who frequently go to that island etc. that there are now about 140 familys of French subjects settled there who live but poorly. Each family has cleared away the woods round their houses, and live by planting cotton, yams and potatoes, or cutting of wood, there is but one family that has hitherto planted any sugar canes, of which they have made no other use, than to make cool drink of; They are believed and understood to have permissions from the Governor of Martinique, tho' very few of them care to own; and the Governor of Martinique often sends over an Officer to muster them, as to the rest, there seems to be no Government among them etc. Extract. Endorsed, Recd., Read 20th Oct., 1730. 1¼ pp. [C.O. 28, 21. ff. 114, 114v., 115v.]
June 11.
283. Order of King in Council. Appointing William Hayman to the Council of Jamaica as recommended 5th June. Signed, W. Cary. Endorsed, Recd.—, Read 10th Nov., 1730. 1 p. [C.O. 137, 18. ff. 118, 119v.; and 5,21. f. 11.]
June 12.
284. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
284. i. Same to the King. In order to make such a return as your Majesty might reasonably expect (in reply to Nov. 12, 1729), it was necessary for us to wait Capt. Osborn's return from Newfoundland, since which we have had several opportunities of discoursing with him and with ye Lord Vere Beauclerk, Commodore of the Squadron etc. We find that he has faithfully discharged the trust reposed in him by your Majesty, by dividing that island into proper districts, and appointing, in each of them, Justices and other Officers, in order to keep the Peace there. The Lord Vere and Capt. Osborn, being again returned to that Island, we shall soon expect from them an account how these new Justices have acted during the winter, and in what manner the inhabitants have submitted to their directions; But till we shall receive this account we cannot effectually obey your Majesty's last orders, by representing that further directions are necessary to be given to Capt. Osborn. Autograph signatures. 2 pp. [C.O. 194, 23. Nos. 39, 39 i.; and 195, 7. pp. 250–253.]
June 12.
285. Governor Hunter to the Duke of Newcastle. Acknowledges letter of April 9th, and will do all in his power to assist Mr. Forbes accordingly, etc. Signed, Ro. Hunter. 1 p. [C.O. 137, 53. f. 217.]
June 13. 286. Memorial of loss and damage sustained by Thomas Gibbs, Joseph Wakeley, Whitchurch Phippen and Henry Parker, of Bristol, merchants, owners of the Westbury galley and her cargo of 169 slaves and 400 lbs. weight of elephants' teeth.
286. i. Deposition of Thomas Gibbs that the ship and cargo were worth 4000l. and that enclosed is a true account of proceedings at their condemnation etc. London, 13th June, 1730. Thos. Gibbs. Copy. 2½ pp.
286. ii. Proceedings at the trial and condemnation of above ship and cargo in the Court of Admiralty at Santiago de Cuba, 28th April, 1721. Copy. Spanish. 110 pp.
286. iii. Gibson Dalzell to Daniel Westcomb. St. Jago de Cuba, 6th Nov., 1726. Encloses, as requested, above proceedings (No. ii) to be delivered to the owners etc. Has obtained an Order from the Royal Audience of S. Domingo to the Governor of Santiago to recover all remaining effects of said vessel and the value of any of the slaves who have died in possession of an inhabitant etc. Signed, Gibson Dalzell. Endorsed, Recd. July 2, 1730. Copy. 1¾ pp.
286. iv. Deposition of Jabez Biglow, master of the Westbury galley of Bristol, and John Turner, mariner, and Thomas Gibbs, Joseph Wakley, Whitchurch Phippen and Henry Parker, owners. Bristol, 16th Nov., 1723. In her voyage from Bristol to Africa and thence to Barbados and Jamaica, on 21st March, 1720, she was boarded near Cape Artavella by a Spanish guarda costa, the Bird, commanded by a Spaniard named George Hughs etc. and carried to Hispaniola etc. The Captain's real name was Rodderigo and the sloop's Santa Cruce de Padre. Deponent had no orders to trade with the Spaniards, and had not done so. Nor did he break bulk or dispose of any of his cargo at Barbados. John Turner deposed that the Spaniards detained him, Nicholas Billett and Josiah Certain on board their sloop, hoping that he would depose that said ship did trade on the Spanish coast. One Nicholas Brown, pilot on board the said sloop, understanding by the men on board the Westbury that they did touch at Barbados, and was consigned to one Mr. William Raymond, in case they had there discharg'd, did forge a letter from said Raymond to Jabez Biglow containing orders to him to trade on the coast of Spain. At Barracoe the Captain of the Spanish sloop offered deponent 200 pieces of eight to swear that the ship so traded, and in case he refused, his life should be the consequence, "but that the said Certain, as he did believe and apprehended, was seduced by money and threats to comply." Soon after they arrived at Barracoe, the Governor of St. Jago de Cuba hearing what had been done sent a messenger who was an Indian, to Barracoe, commanding the Captain of the sloop to bring round the Westbury in order to examine into the truth etc., which the Captain and mariners refused, but divided the cargo amongst themselves etc. Deponent and owners depose that the Westbury never traded with the Spaniards, but was proceeding to Jamaica etc. Signed, Jabez Biglow, John Turner, Thomas Gibbs, Jo. Wakley, Whitchurch Phippen, Hen. Parker. Copy. 7 pp. [C.O. 388, 89. ff. 94, 94v., 96—97, 99—153, 154, 155—158.]