America and West Indies: May 1732

Pages 114-131

Calendar of State Papers Colonial, America and West Indies: Volume 39, 1732. Originally published by His Majesty's Stationery Office, London, 1939.

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May 1732

May 2. 195. Mr. Fane to the Council of Trade and Plantations. Reports has no objection to 4 private acts of Virginia, I730 ;— (i) vesting certain intailed lands in William Randolph etc. ; (ii) confirming the title of Richard Randolph to certain intailed lands etc. ; (iii) to enable Henry Cary to sell certain intailed lands etc. ; (iv) to confirm the sale of certain intailed lands by John Douglass to John Frazer etc. Signed, Fran. Fane. Endorsed, Recd. 8th May, 1732, Read 8th Aug., 1733. 12/3 pp. [C.O. 5, 1323. ff. 75, 75 v., 82 v.]
May 4.
St. James's.
196. Order of King in Council. Approving Representation of the Council of Trade and Plantations, upon a petition of merchants of London touching the laying greater duties in the Plantations etc. on the ships and goods of H.M. subjects residing in Great Britain than upon those of inhabitants etc., and approving draught of Additional Instructions to all the Governors in America strictly forbidding them to give their assent to any laws wherein the natives or inhabitants of the respective Colonys are put on a more advantageous footing then those of Great Britain, and likewise requiring them to pay due obedience to H.M. royal Instructions whereby H.M. hath expressly forbid them to pass any laws by which the Trade or Navigation of this Kingdom may be any wayes affected etc. Signed, W. Sharpe. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 1½ pp. [C.O. 323, 9. ff. 118, 118 v., 121 v.]
May 4.
St. James's.
197. Order of King in Council. Approving report of Committee and representation of Council of Trade, and draught of Additional Instructions to all the Governors in America. Signed, W. Sharpe. [C.O. 324, 36. p. 327.]
May 4.
St. James's.
198. Order of King in Council. Approving Representation of 26th April [No. 183], and appointing Ephraim Dennit to the Council of New Hampshire. Signed, W. Sharpe. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 1 p. [C.O. 5, 874. ff. 149, 152 v.]
May 4.
St. James's.
199. Order of King in Council. Approving second representation concerning Theodore Atkinson, and appointing him to the Council of New Hampshire in the room of Joseph Smith, decd., etc. Signed and endorsed as preceding. 2½ pp. [C.O. 5, 874. ff. 150–151 v.]
May 4.
St. James's.
200. Order of King in Council. Appointing John Morris and John Duer Councillors of Antigua (v. 3rd Feb., No. 61, and 16th April, No. 173). Signed,, W. Sharpe. Endorsed., Recd. 15th Aug., Read 7th Sept., 1732. 12/3 pp. [C.O. 152, 19. ff. 132, 132 v., 135 v.]
May 4. 201. Mr. Popple to President Rip Van Dam. Encloses duplicates of Board's letter of 4th Feb. [ No. 64], etc. As Colo. Cosby is now upon his departure, only acknowledges letters of 29th Oct. and 29th Dec. Continues : In case you have no answer from the laws. of Rhode Island to the letter for him which you received in their Lordships of 30th June etc., they desire that you will endeavour to procure as authentick a collection as you can of the laws of Rhode Island and transmit the same to my Lords Commissrs. by the first opportunity. The several acts passed at New York in 1731 before one of H.M. Council for his opinion in point of law, which the Board intend to take into consideration the first opportunity in order to their being laid before H.M., particularly that relating to the troops at Oswego. [C.O. 5, 1125. p. 293.]
May 4. St. James's. 202. Order of King in Council. Confirming Act of New Jersey the better enable the inhabitants to support Government etc. by making current £20,000 in bills of credit. Signed, W. Sharpe. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. L½ pp. [C.O. 5, 972. ff. 241, 241 v., 242 v.]
May 4. St. James's. 203. Order of King in Council. Confirming Act of New Jersey prescribing the forms of declaration of fidelity etc. Signed and endorsed as preceding. 12/3 pp[C.O. 5, 972. ff. 245, 245v] 248 v.]
May 4. St. James's. 204. Order of King in Council. Appointing Theodore Atkinson to the Council of New Hampshire in the room of Joseph Smith, as proposed by the Council of Trade, etc. Signed, W. Sharpe. 1¾ pp. [C.O. 5, 21. ff. 21, 21 v.]
May 5. St. James's. 205. H.M. Additional Instructions to the Governors of Plantations, Jamaica : Barbados : Leeward Islands : Bermuda : Bahamas : New York : New Jersey : New Hampshire : Mass. Bay : Virginia : S. Carolina : N. Carolina. Whereas complaint has been made to us by the merchants of Our City of London, in behalf of themselves and several others of Our good subjects of Great Britain, trading to Our Plantations in America, that greater dutys and impositions are laid upon their ships and goods than on the ships and goods of persons who are natives and inhabitants of the sd. Plantations ; It is therefore Our will and pleasure, that you do not upon any pretence whatsoever, on pain of Our highest displeasure, give your assent for the future to any law wherein the natives or inhabitants of the Island/ Province under your Government are put on a more advantageous footing than those of this Kingdom ; It is further Our will and pleasure, that you do pay due obedience to the Instructions already given you whereby you are expressly forbid to pass any law by which the Trade or Navigation of this Kingdom may be any ways affected ; hereby declaring it to be Our royal intention, that no dutys shall be laid in the island/ Province under your Government upon British shipping, or upon the product or manufactures of Great Britain upon any pretence whatsoever. Signed, G.R. Copy.
205. i. H.M. Additional Instructions to the Governors of Maryland and Pennsylvania, and the Governor and Company of Rhode Island, and Governor and Company of Connecticut. As preceding, except that reference to " Instructions already given " is omitted, the beginning of the second Instruction running :— It is Our further will and pleasure that you do not, and you are herby expressly forbid to pass any law etc ut supra. Signed, G.R. Copy. [C.O. 324, 36. pp. 328–335.]
May 5. Whitehall. 206. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Annexed,
206. i. Same to the King. Enclose commission and instructions for Governor Falkingham. Continue: These draughts are the same as those that were given Capt. Clinton etc., [v. April 23, 1731), except the alterations that are made in the 65th Article, relating to the disorders that have arisin in that Government from the interfering that is pretended to be between the powers given by Act of Parliament to the Fishing Admirals and those delegated by the Governor's Commission to the Justices of Peace in that Island, which we have drawn in conformity to our Representation to your Majesty of the 6th of April last, etc.
206. ii. Draft of H.M. Commission to Capt. Edward Falkingham, Commander of H.M.S. Salisbury, to be Governor of Newfoundland. [May 18.] [C.O. 195, 7. pp. 266–268, 269–277 ; and (without enclosures ; autograph signatures) 5, 195. f. 128.]
May 5. Whitehall. 207. Council of Trade and Plantations to the Lords of the Committee of H.M. Privy Council. Pursuant to order of 14th April, 1731, transmit papers relating to the complaint by Mr. Brown, Judge of the Admiralty, Pa., against Depty. Governor Gordon, with the latter's reply etc. List of papers enclosed. [C.O. 5, 1294. pp. 47–53.]
May 9. Whitehall. 208. Duke of Newcastle to the Council of Trade and Plantations. The King having been pleased to appoint the Lord Viscount Howe to be Governor of Barbadoes, I am to signify to your Lordships H.M. pleasure, that you prepare draughts of a Commission and Instructions for him, in order to be laid before H.M. for his approbation. Signed, Holles Newcastle. Endorsed., Recd., Read 13th May, 1732. 1 p. [C.O. 28, 23. ff. 23, 27 v.]
May 10 Philadelphia. 209. Mr. Browne to Mr. Popple. Encloses affidavit by Mr. James Greme to be added to those before the Board. Mr. Greme was his "attorney in the fictitious and offensive action of £2000 in which Mayor Gordon was pleased to arrest me, and afterwards to withdraw" etc. The insisting on bail in this case for more than £40 was an act of high oppression, and directly contrary to the 13th Car. II cap 2, and the bare marking of the writ £2000 plainly shews the design of intimidating people to bail him etc. " The manifest perjury of the Sheriff also shews that, at this distance from application and redress, the same power that can thus violently exceed, may also leave the sufferer destitute of all proof " etc. " My treatment has not been better since my last arrival, for I am deny'd the use of the Court-house in H.M. service, and treated with all manner of indignity, as I have further explained myself to Mr. Burchett etc. Signed, J. Browne. Endorsed, Recd. 25th, Read 27th June, 1732. Copy (the original sent with Board's report to the Lords of the Committee, 27th June). 3 pp. [C.O. 5, 1268. ff. 87,88 v.]
May 11. St. James's. 210. H.M. Warrant appointing Ephraim Dennit to the Council of New Hampshire, in the room of Thomas Wentworth, "Who does not reside in Our said Province, etc. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. p. 319.]
May 11. St. James's. 211. H. M. Warrant appointing William Smith Chief Baron of the Court of Exchequer, N. Carolina. Countersigned, Holles Newcastle. Copy. [C.O. 324, 49. p. 86; 324, 50. p. 109; and 324, 36. pp. 321, 322.]
May 11. St. James's. 212. H.M. Warrant appointing John Morris to the Council of Antegoa in the room of William Byam deed. Countersigned, Holles Newcastle. Copy. [C.O. 324, 30. p. 323.]
May 12. 213. Memorandum of H. M. Warrant appointing John Duer to the Council of Antegoa, in the room of John Yeamans, resigned. [C.O. 324, 36. p. 324.]
May 11 214. Mr. Fane to the Council of Trade and Plantations. Upon consideration of Act of Barbados, 1723, for supporting the honour and dignity of the Government, and Mr. Worsley's petition, (v. 9th Feb., No. 78. i) referred to him, discusses methods of proceeding for the recovery of the arrears etc. Signed, Fran. Fane. Endorsed, Reed. Read 11th May, 1732. 4 pp. [C.O. 28, 23. ff. 24–25 v., 26 v.]
May 12. St. James's. 215. The King to the Governor of the Leeward Islands, or the President of the Council of St. Christophers. Jeremiah Browne is to be restored to his office of Chief Justice of the Court of King's Bench and Common Pleas in St. Christophers, upon the report of the Committee of the Privy Council that he was removed there from by Lt. Gov. Mathew," without good and sufficient cause signified to us and to Our Commoners for Trade" etc., pursuant to his 42nd Instruction etc. Countersigned, Holles Newcastle. Copy. [C.O. 324, 50. pp. 39, 40 ; and 324, 36. pp. 324, 325.]
May 15. Admly. Office. 216. Mr. Burchett to Mr. Popple. Presses for Heads of Enquiry for Capt. Falkingham, H.M.S. Salisbury being ready to sail etc. Signed, J. Burchett. Endorsed, Recd., Read 16th May, 1732. Addressed. ¾ p. [C.O. 194, 9. ff. 160, 165 v.]
May 16. Whitehall. 217. Mr. Popple to Mr. Burchet. Informs him that Commission and Instructions for Governor Falkingham have been transmitted for H.M. approbation, and that the usual Heads of Enquiry for the Commanders of H.M. ships at Newfoundland are incorporated with the latter etc. [C.O. 195, 7. pp. 268, 269.]
May 16. New York. 218. Mr. Van Dam, President of the Council, New York, to the Council of Trade and Plantations. Abstract. Nothing of moment has happened since his last. The province enjoys a perfect tranquility and hourly expects Col. Cosby etc. He will find a province inhabited by persons of undoubted loyalty etc. Signed, Rip Van Dam. Endorsed, Recd. 16th June, 1732, Read 23rd Feb., 1732/3. Addressed. 1 p. [C.O. 5, 1056. ff. 12, 15 v.]
May 16. New York. 219. Same to the Duke of Newcastle. Duplicate of preceding, mutatis mutandis. Signed, Rip Van Dam. Endorsed, R. 16th June. Copy sent to Ld. Harrington, 20th June, 1732. Addressed. Postmark. 1 p. [C.O. 5, 1093. ff. 246, 247 v.]
May 17 Salisbury in Long Reach. 220. Governor Falkingham to the Council of Trade and Plantations. The service requiring him to be on board, he cannot wait on the Board, but would be glad to receive their Lordships' commands etc. Signed, Edwd. Falkingham. Endorsed, Recd., Read 18th May, 1732. 1 p. [C.O. 194, 9. ff. 161, 164 v]
May 17. Whitehall. 221. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Annexed,
221. i. Same to the King. Submit following and will prepare the Instructions with all possible dispatch.
221. ii. Draught of H.M. Commission to Governor Lord Howe. In the usual form. [C.O. 29, 15. pp. 264–285.]
May 18. St. James's. 222. Order of King in Council. Approving draught of Commission for Governor Lord Howe. Signed, W. Sharpe. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 1 p. [C.O. 28, 23. ff. 29, 30 v. ; and {signed, W. Cary) 5, 195. f 160.]
May 18. St. James's. 223. Order of King in Council. Approving draught of Commission for Governor Falkingham. Signed, W. Sharpe. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 1 p. [C.O. 5, 195. f. 130; 194, 9. ff. 162, 163 v.]
May 18. St. James's. 224. Order of King in Council. Approving Instructions for Col. Cosby, Governor of New York. Signed, W. Sharpe. Endorsed, Recd, l5th Aug., Read 7th Sept., 1732. 1 p. [C.O. 5,1056. ff. 11, 16v.]
May 18. St. James's. 225. Order of King in Council. Confirming Act of Antigua, 1731, to enable Robert Oliver etc. I, Recd. 15th Aug., Read 7th Sept., 1732. l½ pp. [C.O. 152, 19. ff. 133, 133 v.,134 v.]
May 18. St. James's. 226. Order of King in Council, Approving drafts of Instructions for Col. Wm. Cosby, Governor of New Jersey. Signed, W. Sharpe. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 1 p. [C.O. 5, 972. ff. 246, 247 v. and (Signed, W. Cary. No endorsement) 5, 195. f. 79.]
May 18. St. James's. 227. Order of King in Council. Approving drafts of Instructions for Col. Cosby, Governor of New York. Signed, W. Cary. [C.O. 5, 195. f. 19.]
May 18. St. James's. 228. H.M. Warrant for a Commission to Capt. Edward Falkingham, Commander of H.M.S. Salisbury, Governor and Commander in Chief of H.M. Island of Newfoundland and H.M. Fort and Garrison at Placentia. To act according to his Instructions : administer oaths appointed : constitute Justices of the Peace, (to whom he shall administer the oaths and declaration appointed) who shall hold General Quarter Sessions in such places as he shall appoint etc., provided that neither he nor they do anything by virtue of this Commission contrary or repugnant to the Act for encouraging the trade to Newfoundland etc., nor any way obstruct the powers thereby given to the Admirals of Harbours or Captains of H.M. ships of war. He is given power to erect Court houses and prisons etc. In case of his death, the First Lieutenant of H.M.S. Salisbury is to take upon him the administration of the Government etc. Countersigned, Holles Newcastle. 5J pp. [C.O. 5, 195. ff. 132–134.]
May 18. St. James's. 229. Order of King in Council. Approving draught of Instructions for Governor Falkingham, as presented by the Council of Trade (v. Nos. 206 i. and 235). Signed, W. Cary. 1 p. [C.O. 5, 195. ff. 136.]
May 19. St. James's. 230. H.M. Instructions for William Cosby, Governor of New York. Signed, G.R. [C.O. 5, 195. ff. 21–52.]
May 19. .St. James's. 231. H.M. Instructions for Same, relating to the Acts of Trade and Navigation. Signed, G.R. [C.O. 5, 195. ff. 53–6 v., 67 v., 68.]
May 19. St. James's. 232. H. M. Instructions for Same, Governor of New Jersey. Signed, G.R. [C.O. 5, 195. ff. 81–106 v.]
May 19. St. James's. 233. H.M. Instructions for Same, Governor of New Jersey, relating to Acts of Trade and Navigation. Signed, G.R. [C.O. 5, 195. ff. 108 118 v., 120 v., 121.]
May 19. Whitehall. 234. Mr. Popple to Mr. Scrope. Col. Johnson, H.M. Governor of S. Carolina, having, in consequence of the inclosed Instruction (No. XIX), pass'd an act in that Province entituled, an act for remission, of arrears of quit-rent, and for registering of patents, grants etc., which act containing many clauses of a very extraordinary nature, whereby H.M. revenue may be greatly affected ; My Lords Commissioners have determined not to proceed upon the said act before the Lords Commissioners of H.M. Treasury, have had an opportunity of examining the same etc. Encloses act. [C.O .5, 401. p. 31.]
May 20. St. James's. 235. H.M. Instructions for Governor Falkingham. (v. 18th May, No. 229). With copies of 13th and 14th Articles of Treaty of Utrecht, relating to Newfoundland; scheme of Fishery; and memorandum of copies of petitions from merchants of Bristol and Dartmouth and Mayor of Poole, complaining of the Justices of Newfoundland, and affidavits of John Moore and Peter Shank. [C.O. 5, 195. ff. 138–155 v., 156 v.—158, 159.]
May 20. Whitehall. 236. Duke of Newcastle to President of the Council of Nevis. Encloses following. Continues :—I am commanded to signify to you H.M. pleasure, that you use your utmost endeavours to prevail with the respective Councils and Assemblys of those islands, to provide either barracks or quarters for the soldiers, as is done in all other parts of H.M. Dominions. It is so just and so reasonable, that at the same time that H.M. is at a considerable expence in maintaining those troops for the protection and defence of the country, His subjects there, who have the benefit of it, should on their part, contribute what is so necessary for their accommodation, as is done in other places, that H.M. cannot doubt but they will readily comply with it, and your care and diligence in this affair will be an acceptable service to H.M. Signed, Holles Newcastle. Copy. Annexed,
236. i. Memorial of Brigadier General Jones, Colonel of H.M. Regiment in the Leeward Islands, to the King. The said Regiment is compleated with recruits by Memorialist to near the established number and supplyed with everything necessary to act on all occasions. The Commanding Officer often writes that the Regiment suffers much by being exposed to the violent heats and damps for want of barracks or quarters to shelter them, which are not provided for them in those parts, and which occasions the death and desertion of many etc. All your Majesty's forces at home and abroad (this Regiment only excepted) are provided with barracks or quarters. Prays that Instructions may be given for building barracks or providing quarters etc. Copy. [C.O. 324, 36. pp. 335–37.]
May 25. Whitehall. 237. Council of Trace and Plantations to the Committee of the Privy Council. Representation upon petition of Lord Micklethwaite and Mr. Whitworth (v. 23rd Nov., 1731). Refer to Orders in Council upon latter's petition, 15th Aug. 1728 etc., and upon the former's, 18th Aug. 1729. Continue :—In pursuance of these orders Mr. Worsley, in his Speech to the Council and general Assembly of Barbados, on 17th Nov., 1730, acquainted the Assembly that he had caused the said accounts to be stricktly examined before him in Council, and did find by proper vouchers and other legal evidence, that there was justly due to Francis Whitworth, Esq., on 1st March, 1726, £1080 10s. according to the usual and accustomed fees: and to the Ld. Viscount Micklethwait on 1st April, 1719, £793 3s. 9d., and to Mr. Whitworth, by William Webster, the present Deputy Secretary, £950 3s. for services incurred between 1st March, 1726 and 26th March, 1729, which sums Mr. Worsley recommended to the Assembly for immediate payment. Whereupon the Assembly by their Address to Mr. Worsley of 24th Nov., 1730, desired that he would be pleased to order the proper offices to lay before them the several accounts referred to etc.; and to this demand, which they enforced very strongly in a subsequent address, Mr. Worsley replied that he could not lay before that House the accounts mention'd, or any papers relating thereto. In justification of this answer, Mr. Worsley has affirmed to us, that he does not know of any instance of the Assembly's examining accounts before payment; and that he thought this demand was an attempt to make the Secretary dependant on the Assembly, as they have already made the Treasurer of the Island; for which reasons be apprehended, that in regard to H.M. Prerogative he could not comply with their Address, etc. Continue:—Altho' we believe there may be many instances, and some particularly in the very act which pass'd when this demand was made, wherein the Assembly of Barbados thought fit to make provision for other services without desiring to see the accts. of the said services, and tho' we do not apprehend that it is the business of the Assembly to state and settle accounts. Yet when accounts are once stated and settled by H.M. Governour and Council, and money demanded for payment thereof, we do not see that any inconvenience can arise from laying copies of such accts. before the Assembly for their information. Wherefore we would propose that H.M. may be graciously pleased to direct the Governor again to recommend to the Assembly to make provision for the petitioners' demands, and if the Assembly should apply to him for the said accounts, that he may be impowered to lay copies thereof before them. [C.O. 29, 15. pp. 286–291.]
May 26. Fredericksfort. 238. Lt. Governor Dunbar to Mr. Popple. A few days agoe I had the honour of your letter of the 17th of November last. I presume you have wrote since and that it has mett ye common fate of my letters being intercepted at Boston; H.M.'s determination of the dispute between Govr. Belcher and me I hope will soon arrive, until then I have no busyness in New Hampshire; I hear from thence frequently of their sufferings for want of settling their lives, wch. I hope my Lords Commissioners will recommend so to H.M. as that they will be adjusted at home, for it is impracticable to expect it to be done on this side, the difference being very great between ye pretentions of the two provinces. I am very impatient to know ye fate of this part, and the people settled by me here etc. Refers to former letters. The Massachusetts Government have succeeded in discouraging people from coming, and frightening settlers away who had begun their settlements, etc. Shore, a Representative of the Massachusets, of whose treasonable speech he formerly gave an account, is now his neighbour, "being prefer'd to a publique imployment at Richmond Fort (as they call it) on the west side of Kennebeck river." Mr. Byfield's proceedings, of which he complained, have so animated the loggers, that more waste has been committed this last winter than for many years past, "and noe wonder, since the judge himself is owner or part owner of saw mills" etc. "He has lately decreed costs against a person I imployed to help to do the duty of my brother and another of my Deputys almost worn out with fatigue; the morning of the trial the evidences were bribed out of the way, and ye prosecutor desired a continuance of ye cause to another day, which was refused him, and then costs decreed against him" etc. Refers to enclosed copy of decree etc. Is ashamed to write so often against that gentleman's proceedings, "he has expected for 2 years past to be out, and does not vallue what he does in the meantime; it would be more for the King's interest and for the conveniency of the country where the trespasses are committed, if all were tryed in New Hampshire, or on each side of Piscatua river, wch. devides Main and N. Hampshire etc., and then Mr. George Jaffrey, one of the Council for the latter, and long Depty. Judge of Vice Admiralty until lately displaced by Mr. Belcher's means, would do justice between H.M. and the people etc. He formerly recommended Capt. Thomas Steel at Boston to be judge for that Province, but his health is poor; he does not know any other that would accept it and could be depended upon. Refers to his letter of 30th March last, which he is almost sure was not forwarded from Boston, saying that by the proceedings there against him, the people who call themselves proprietors of the lands between Shepscott, or Newcastle river, and Kennebeck, have been encouraged to come thither and are now cutting down the woods in defiance of him etc. Has no remedy against them except to turn them off by force, which he is unwilling to doe, "tho' I act a violence on myself in forbearing it." Continues:—I also in that letter gave an account of the death of Lt. Governour Tailer, and that I heard that the Governour had recommended one Collo. Winthrop to succeed him, a gentn. of a good character but a violent Independent, and in my opinion not for H.M. interest to have him his Leivt. There, nor do I know any but one in that province fitt for it, and yt. is one Mr. Francis Brinley, an English gentn., has an estate in England, and lives upon his private fortune, and from his youth in this country. He is a churchman and of an unblemished character; I have a notion that Mr. Belcher cannot continue long Governour, and whoever succeeds him will soon be judge who is fitt to recommend to be Leivt. Governour. I have long flatterd myself that a new act would have been made for better securing H.M. woods, it cannot be too penal or strict, for little regard is had to the present act. This last winter haveing been very hard and much snow, the undertakers for masting have drawn four ships' loads of large masts to the waterside, the best for many years past, and the loggers too have made a fine harvest of it, and bid defyance to me and my deputys. You are pleased to send me the names of the six gentleman recommended to fill up ye Council for New Hampshire. I am very sorry that Mr. Waldron and Mr. Gambling are among them, they are and allways were opposers of H.M. instructions, you'l have this confirmd by future Governours if they are continued; I hear that Governr. Belcher's son, and his brother Partridge in London have opposed Mr. Atkinson's being admitted, that gentleman is nothing to me, but as I know him to be a dutyfull good subject, as such was in great favour with Governour Burnet, has as good a character and fortune as most gentlemen in yt. province and a very leading man in the House of Representatives, and Mr. Belcher's' opposition to him is onely that he is my friend. H.E's declared opinion is that no man can be a friend to him and me; this has prevented Mr. Auchmuty, the Advocate General at Boston, who is one of the Governor's creatures, from appearing as my lawyer in ye case between Benjn. Atkinson and me, by wch. I have sufferd great injustice, and now groan under the weight of it, which with my fatigue and wants here has so sunk my spirits that I find myselfe growing more incapable of my duty. You are pleased to tell me that My Lords desire I would be punctual in my correspondence with their Lordships, and give them constant accounts of occurrences. I fear you mean that, as a rebuke for my too frequent writing and mentioning things that do not belong to me, because no notice is ever taken of them; I am sure what I formerly hinted about manufactures in New England, and of the French ingrosing our fishery even on our Banks and making it at Cape Britton deserves my Lords' consideration. Our fishermen are dayly insulted on the Banks by french vessels, wch. are larger and four times the number of men that ours have, it may give offence if I should say that station ships near ye fishing grounds should often cruize there, they could easily distinguish french from English, theirs are generally ships and ours sloops and schooners. If I am to proceed here, I hope some regard will be had to my representations for some soldiers, and to build this fort, and that I may be enabled to give something to the Indians to keep them in friendship etc. I have hitherto forbore mentioning anything for my own trouble or unavoydable expences. Every one that comes to settle here must necessarily come to me, and without I would speak to them through a window, it is impossible to make an expence which I am not able to bear; this place and wt. I am doing is not like any other Governmt. anywhere, because this will maintain itself in three or four years after ye dates of ye patents and grow soon to a considerable revenue to the Crown. I would beg my Lords to look over their first representation of 14th May, 1729, relating to my undertakeing the carrying on this settlement without any sallary until H.M. should think me deserveing it, etc. Signed, David Dunbar. Endorsed, Recd. 19th July, Read 19th Sept., 1732. Holograph. 7½ pp. [C.O. 5, 874. ff. 154–157 v.]
May 26. Whitehall. 239. Council of Trade and Plantations to the Committee of the Privy Council. In reply to 9th March, report upon petition of John Vat on behalf of Mr. Furry etc. Give history of the case up to representation of orders of 23rd July, 1730, and the order of the Committee of Council, 9th Sept., 1730, by which they were required to prepare the draught of an Instruction for H.M. Governor of S. Carolina agreeable to their said representation etc. Continue:—But it having been afterwards thought proper not to grant any land in Carolina, without a reservation of quit-rents to H.M., we were by an other order from your Lordships, of 23rd Nov., required to alter ye Instructions for the Governor of South Carolina, agreeable to the directions we had reced. in that respect from your Lordships at the Council Board. In the mean time Monsr. Purry, depending upon the representation which we had made to H.M. in July, 1730, and being satisfyed that 12,000 acres of land were to be granted to him, clear of quit-rents; he with several other persons of his nation, embark'd for South Carolina, where he marked out a situation for a town on the north side of Savanna River, and the Legislature of that province were so sensible of ye utility of this intended settlement, that they voted ye sum of £400 sterling towards defraying ye charge of transporting Swiss Protestants to Carolina; and a farther summ towards the purchase of tools and utensils, to be employ'd in their service. But it is alledged by Mons. Purry, that ye charge of transporting 600 persons from England to Carolina will alone amt. To £2,400 sterl., to raise which summ, he hath apply'd to several gentlemen in London, who promis'd to lend him mony upon the security of 12,000 acres of land free of quit rents, but that condition having been alter'd during ye sd. Purry's absence at Carolina, this design must at last prove abortive, unless H.M. will be graciously pleased to grant ye said Purry 48,000 acres of land subject to quit rents after ye first ten years, in lieu of 12,000 free of qt. rent, upon which he proposes to raise so much mony as will enable him, to bring this settlement to perfection. We have discoursed with Mr. Purry's Agent, and with the Agent of South Carolina upon this occasion, and we take leave to acquaint your Lordships, that it has been the constant sense of this Board, that all ye British Colonies, and especially the two frontiers, should be peopled as amply and as soon as possible wh. white inhabitants. This is a point in wch. the interest of ye Crown and ye Publick are equally concern'd; since an accession of new inhabitants in ye Plantations cannot fail to encrease the trade and commerce of this Kingdom, whilst it creates an augmentacon of H.M. revenues, in his qt. rents, and with respect to South Carolina in particular, as it is our frontier to the Spanish and French settlements, and is surrounded by a great number of Indian Nations, the well peopling of this province seems to be a very necessary measure for the defence and security of all our Plantations, on the Continent of America. In all probability one great reason why S. Carolina has not hitherto been peopled in the same proportion with other parts of H.M. Dominions in America, has been, that a considerable number of people have never before made an offer of settling together in one place; and this Province is now so sensible of ye advantage and security it would derive from such a settlement, that they have granted Monsr. Purry £400 sterl. for bringing 100 men to Carolina. With respect to ye extensive grant that is desired by Monsr. Purry, of 48,000 acres, instead of 12,000, we do not see that any inconvenience can arise from thence, because he does not propose to retain so great a quantity of land for his own occupation, but intends to sell it to different persons, who will be obliged to settle and improve the same, as well to repay themselves, as because they must be obliged to pay a quit rent for it, after a certain time shall be lapsed; and we think, the exemption of quit-rents for ye first ten years to Monsr. Purry, is an indulgence that will be abundantly outweighed by ye advantages that may arise to H.M. and the Publick, from the proposed settlement, especially when it is considered, that the grant is not to take place till the Swiss are actually brought over. We are therefore of opinion that it may be for H.M. interest that this peticon shou'd be comply'd with, under ye restrictions propos'd in our abovemenconed report, etc. Quoted, v. C.S.P. 1730, 23rd July, finis. [C.O. 5, 401. pp. 32–40.]
May 27. No. Carolina. 240. Governor Burrington to Mr. Popple. Refers to his report sent last year for answer to the Secretary's letter of 10th June, 1731 etc. Continues:—The biennial act must be repealed before the people can be brought into a good disposition. A multitude of people have come into this country to settle last winter. Some have very great American fortunes, insomuch that I now think, there are men here to make up a creditable Council etc. Intends to write to the Board on that subject etc. The best conveyance to him is by N. England in the summer and Virginia in winter etc. Signed, Geo. Burrington. Endorsed, Recd. 28th Aug., 1732, Read 1st Aug., 1734. l½ pp. (and abstract, ¾ p.). [C.O. 5, 294. ff. 93, 94, 95, 96 v.; and (abstract only) 5. 327. ff. 19v.–20v.]
May 27. Virginia Wmsburgh. 241. Lt. Governor Gooch to the Council of Trade and Plantations. On the 12th instant the General Assembly mett here according to their last prorogation, and that your Lordships may have as early knowledge, as possible, of the matters now under deliberation, as well as what hath hitherto been transacted, I herewith inclose my Speech at the opening of the Session, and the Addresses of the Council and House of Burgesses. As the chief thing recommended to this Assembly was the removing some inconveniencies in the execution of the tobacco law, they have very cheerfully gone about it, and in less time than is usual required prepared and passed the Act etc. enclosed, to enable the masters of ships to employ their own sloops, boats and sailors in carrying tobacco from the public warehouses on board their ships: By which one great objection of the British merchants is obviated: viz. that their sailors were left without employment while the ships Jay here. And indeed I found that a much quicker dispatch would be given to the whips, than when by the former law the planters were to carry their tobacco on board themselves; and now the masters have full liberty to use all the means they ever had to hasten their lading. Nor is it of less satisfaction to the Trade that the sense of the Legislature is now fully declared that no master of a ship shall be hereafter compelled or perswaded to carry any man's tobacco to the public warehouses (as some of the merchants seemed to apprehend) since a motion for adding a clause to this bill to exempt the masters from the penalty for carrying tobacco hereafter in their sloops and boats from the planters' houses to the warehouses was rejected in the House of Burgesses by a very great majority. So very desirous are they to remedy everything that can reasonably be objected by the merchants against the present regulation of this trade. 'Tis a truth my Lord, not to be gainsaid, that had it not been for the law, the country had this year been ruined; and though by the inspection the quantity will be lessened, yet what is sent home will pay the King's duty, if the officers are careful, and will bring the proprietors much more money than if the whole had been exported; besides enabling them to purchase such manufactures in Great Britain as they really want, and what for want of a price for their tobacco they have for sometime gone without, insomuch that their negroes go naked all the winter, have not proper tools to work with, and their quarters for want of nails are tumbling down. Your Lordships were pleased in your letter of this day twelve months date to recommend an impartial execution of the law, which, I am persuaded hath been hitherto very carefully observed. But to this strict and impartial execution, and the late arrival of the ships, hath been owing the tumultuous and unwarrantable behaviour of some loose people in the Northern Neck in burning some of the public warehouses, and threatening an insurrection; yet even amongst those who were the most violent the benefits already felt from this law have reconciled the greatest part, and none but the most notorious for false packing and paying bad tobacco remain discontented. But as the sentiments of the people are best known from their Representatives, and as the addresses herewith sent shew their steadiness to pursue the measures established in the tobacco law; so if any further proof was necessary of the general inclination of the country, it may be seen in the choice made of new members this session in the room of some dead and others disabled by being sherifs, who are all friends to the law etc. There is another bill framing for rendering the tobacco law more easie in the execution; this now I sent I was bent upon securing for the advantage of the merchants, not knowing how the Houses might agree when they come to debate the other amendments, every member I find being ready to gain something of private ease for their countys, without considering so much as they ought the good of the whole. This and the other bills the Assembly are preparing, I shal give your Lordships a particular account of in my next. Signed, William Goooh. Endorsed, Recd. 31 July, Read 12th Sept., 1732. Holograph. 3 pp. Enclosed,
241. i. Lt. Governor Gooch's Speech to the Assembly. 18th May, 1732. Suggets some alterations in the law for improving the staple of tobacco, which has proved a great assistance to trade, etc. Printed. 2 pp.
241. ii. Reply of Assembly to above. They treat with contempt the late tumults and threats of an inconsiderable number of ignorant people, and thank H.E. for supporting the Act against the opposition it has met with in England. Are surprised at the suggestion there that they design to oppress the poor planters, when no hardship can possibly be laid upon them which will not be felt by themselves in a greater degree etc. H.E.'s Reply. 20th May. Printed. 2 pp.
241. iii. Act to enable masters of ships to employ their own sloops etc. in carrying tobacco on board etc. Printed. 1½ pp. Nos. i.–iii. Endorsed as covering letter.
241. iv. Account of Madera wine imported into Virginia, 25th April—25th Oct., 1731. 33 pipes. Endorsed, Read 12th Sept., 1732. 1 slip.
241. v. Account of negroes from Africa, 25th April—25th Oct., 1731. By private traders (one ship) 130. Endorsed as preceding. 1 slip. [C.O. 5, 1323. ff. 29–31 v., 32 v.– 38, 39 v., 40 (with abstract).]
May 27. Bermuda. 242. Governor Pitt to the Duke of Newcastle. Acknowledges additional Instructions of 10th Dec, relating to duties on negroes or felons imported, and of 29th Dec. relating to whole licences etc. Continues: I have recommended [the latter] to the Assembly, they do not refuse the sallary, but for two years that are past, they will not give the arrears, which I think in obedience to H.M. Instruction, as it is an adequate [sic], the arrears which I presume are what H.M. in his great goodness intended they should pay me, I have defer'd doing any thing further in it, till I shall have an answer from your Grace signifying H.M. pleasure therein etc. Signed, John Pitt. 1 p. [C.O. 37, 29. No. 15.]
May 27. Bermuda. 243. Same to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutandis. Signed, John Pitt. Endorsed, Recd., Read 21st Feb., 1732/3. 1 p. [C.O. 37, 12. ff. 118, 121 v.]
May 29. Boston. 244. Governor Belcher to the Council of Trade and Plantations. Since mine of 6 March last, nothing has occurr'd till now worth your Lordship's notice. I have lately been to my other Government of N. Hampshire and held a sessions of that Assembly, and return'd hither the 20 currtt. etc. Encloses Acts of N.H. since his arrival and his Speech to the Assembly and Messages to them etc., "by which your Lordships will see there is not a farthing in the Treasury nor wou'd the Representatives supply any money for the support of the Government, or for the payment of what is already justly due to private persons. Continues: "I therefore dissolv'd the Assembly, and shall issue writts for a new one, at such time as I shall judge it most proper for the King's service and the good of the Province, and am sorry to say, that the faction Coll. Dunbar has made in that Government is the reason of this affair, and was it not for that Gentn. every tiling in that Government wou'd go on smooth and easy, and much for H.M. honour and interest, and without giving your Lordships, or me any trouble. He has not been there for eight months past, and happy wou'd it be for the people he might never go there again. By the ship that sails next week I shall make full answer to the trifling complaint made against me by 15 discontented persons, sone of which I put out of office, to make way for better men; and T think I shall give your Lordships good reasons why Mr. Wentworth and Atkinson can by no means be thought proper to be of H.M. Council there, and humbly hope your Lordships will not urge any mandamus's for them, till T have the honour to write to you again etc. Signed, J. Belcher. Endorsed, Recd. 13th July, Read 3rd Oct., 1732. Enclosed,
244. i. Governor Belcher's Speech to the Assembly of New Hampshire. 18th May, 1732. I think proper to observe to your your mistake, in making a vote to postpone the payment of £292 16s. ballance in Mr. Atkinson's hands (as you and he have made it) which he received as Sheriff for the King, and which ought to have been in the Treasury long ere this time, and which too you have nothing to doe with, and therefore in an especiall manner ought to have been very cautious how you presumed to make a vote to postpone the payment of it, and to screen a gentleman from the law who has been so notoriously delinquent in his duty. Signed, J. Belcher. Copy, certified by, R. Waldron, Secry. ½ p.
244. ii. Minutes of Council of N.H., 18th May, 1732. Whereas the House of Representatives have not thought fit to make any supply of the Treasury for defraying the charges of the current year, nor paying the publick debts now justly due, even by their own estimates and allowances, and there not being one penny in the Treasury, and the Province indebted to the Treasurer between 1 and £200, and the payment of what is due to the Province being very precarious, and further, forasmuch as the house have done as much as in them lyes to make it more so, by makeing votes to postpone the payment of £86 10s. in the hands of the borrowers of the £1730, and £292 in the hands of Mr. Atkinson, both which sums ought to have been long agoe in the Treasury. Therefore ordered, that the votes of allowance made by the House of Representatives this session lye for consideration till the next session, the Council apprehending it in vain to make votes of concurrence to those allowances, til the Representatives shall doe their [duty], in makeing a supply of the Treasury for the discharging of the same. Copy, certified as preceding, 1 p.
244. iii. Governor Belcher's Message to the Assembly, 15th May, 1732. Having given his assent to the laws enacted this session, awaits vote for supply of the Treasury etc. Hopes for dispatch, in order to continue his journey next day. Signed, J. Belcher. Copy, certified as preceding. ½ p.
244. iv. Same to Same. 12th May. I have once and again mentioned to you the supply of the Treasury as a thing absolutely necessary to the support of the Government, and to the safety of the people, etc. The Excise Act is expired, and so is the office of Register upon the rising of this session etc. I intend to be returning to my other Government on Munday etc. Signed, and certified as preceding. ½ p.
244. v. Same to Same. 11th May. Their answer to his Speech (No. i.) is so full of assurances of their intention to do with cheerfulness everything for H.M. service and the prosperity of His subjects, leaves him no room to doubt of their making the necessary supply for payment of the public debts, etc. Their saying that some other method must be found out for supplying the Treasury, shows that they judge it absolutely necessary that a supply be made. Assures them that he will consent to any method they may project agreeable to Justice and H.M. Instructions. Has a sincere compassion for the borderers on the line between the Provinces. Will do everything in his power for their ease, and will share their joy when the lines are settled etc. Signed and certified as preceding. 1 p. Nos. i.–v. endorsed, Recd. 13th July, 1732. [C.O. 5, 874. ff. (with abstract) 173–174, 176–177, 178, 179, 180, 181, 181 v.]
May 31. Whitehall. 245. Duke of Newcastle to the Council of Trade and Plantations. I send your Lordships herewith, by H.M. command, an Address and Representation of the Council and Assembly of Jamaica, relating to a late Instruction to their Governor enjoyning him not to pass any act for laying dutys upon the importation and exportation of negroes, and I also enclose extracts of his letter upon this subject; It being H.M. pleasure, that you should consider this matter and report to H.M. your opinion what directions are proper to be sent upon it. Signed, Holies Newcastle. Endorsed, Recd., Read 1st June, 1732. 1 p. Enclosed,
245. i. Address of the Council and Assembly of Jamaica to the King. 10th Feb., 1731. Beg leave on all occasions to approach H.M., encouraged by his gracious condecension in hearing and relieving them etc. It is their very great misfortune at all times to be so distant from your Majesty, but especially when advantages are made of it to their prejudice etc. Instance an Instruction lately obtained from H.M., laid before them by the Governor the day after the receipt of it, restraining them from laying duties upon the import or export of negroes, which deprives them of one of the principal branches of supply, and will cause a deficiency which cannot be supplied any other way. Continue:—This duty on exportation of negroes commonly called the Additional Duty has been a standing charge on such export since the year 1693, in order to supply all extraordinary occasions of the Government and was never thought unreasonable or burthensome till the late South Sea Company established a Factory in this island to carry on the Assiento Contract which we humbly beg leave to represent of the utmost ill consequence to the inhabitants of this island, who thro' their means are deprived not only of their trade in general to the Spanish settlements but of great part of their strength consisting in the numbers of seamen, at least of one thousand two hundred who were employed in that trade besides near 200 sail of vessels in and to the Bays of Campeachy and Honduras your Majesty's undoubted right and property both which have been in a manner given up by that Company by their attorning tenants to the Crown of Spain and lycensing some few vessels under them to trade to those places etc. Continue:—We have always been very tender in taxing of trade. We look upon it as inseparable from the planting interest and have generally thrown the burthen upon the latter, but we hope your Majesty will not judge it unreasonable that the merchants who have the protection of the Government should bear some small share in a burthen that lays so heavy upon the rest of your Majesty's subjects here and which must still increase till our intestine enemys the rebellious negroes are suppress'd, of which we see little likelyhood at present they having of late been so audacious as to face and defeat some part of the troops which your Majesty was graciously pleas'd to send over for our defence. We beg leave further to represent to your Majesty the great injury we suffer by misrepresentations of being partial in laying of taxes. The sum proposed to be raised by this tax about which so unreasonable a clamour has been raised will not amount to above £8000, whereas this island must necessarily be at an expense of at least £2000 a month for the partys raised to reduce the rebellious negroes, besides what may accrue by the intended settlements in the exposed parts of the island which if they take effect will amount to £20,000 more, over and above the additional subsistance to the two Independant Companys and all other contingencies. So that we humbly hope this tax will neither appear unreasonable nor unequal etc. Without this duty all the methods we are pursuing for our security will prove ineffectual, and in our humble opinion nothing but confusion and destruction can attend this Island. As we have always paid the greatest regard and deference to your Majesty's commands, so we should in this present instance, however prejudicial it might have prov'd to us, if they had arriv'd before our passing the bill for this additional duty, but since it is pass'd here, we humbly hope your Majesty upon the present view of our unhappy condition, will be graciously pleas'd to confirm it, and to revoke these late Instructions. And as your Majesty is pleas'd to allow all your subjects a liberty of raising money for their necessary defence and security, we humbly hope we shall not be the only instance to whom the means and method of doing it shall be denyed. We beg leave to assure your Majesty we shall make a due and proper use of this liberty. We shall lay our taxes without partiality, and such and no other than are consistent with the honour and support of your Majesty's Government and the welfare and security of this island. Signed, John Stewart, Speaker. Pass'd the Council the 10th of February, 1731. Signed, Jos. Maxwell, Cl. Concil. Endorsed, as preceding. 1 large p.
245. ii. Extract of letter from Governor Hunter to the Duke of Newcastle, 19th Feb., 1732. Endorsed as preceding. 1½ pp.
245. iii. Extract of letter from Governor Hunter to Mr. Delafaye of same date. Endorsed as preceding. 2⅓ pp. [C.O. 137, 20. ff. 1–4 v., 5 v. (enclosures only; and covering letter only) 137, 19. ff. 126, 127 v.]
May 31. St. James's. 246. H.M. licence of absence for Governor Hunter for six months in Great Britain, for the recovery of his health and the settling some private affairs, "you taking effectual care to leave things in such a condition that Our service and the welfare of that Our island of Jamaica may suffer no prejudice, etc. Countersigned, Holles Newcastle. Copy. [C.O. 324, 50. pp. 8, 9; and 324, 36. p. 338.]
May 31. St. James's. 247. H.M. Additional Instruction to Col. Cosby, Governor of New York. Quotes Instruction to Governor Montgomery, 20th Oct., 1727, allotting to the Lt. Governor, in his absence, "one full moyety of the salary, and of all perquisites and emoluments whatsoever which would otherwise become due unto him." Rip Van Dam, President of the Council, who in pursuance of H.M. said Commission took upon him the administration upon the death of Governor Montgomerie, or the eldest Councillor who may have succeeded him, is to receive and enjoy the said moieties until the day of Governor Cosby's arrival, who is to receive, without any deduction the other moyety etc. Signed, G.R. Copy. [C.O. 324 36. pp. 339–341.]
May 31. St. James's. 248. H.M. Warrant for a Commission for Governor Lord Howe. Countersigned, Holles Newcastle. 16 pp. [C.O. 5, 195. ff. 162–170 v.]