America and West Indies: June 1732, 21-30

Pages 158-165

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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June 1732, 21-30

June 21. Whitehall. 270. Mr. Popple to Governor Burrington. My Lords Commissioners for Trade and Plantations, having under their consideration yor. letter to them of ye 4th of Septembr. last, wherein you mention some apprehension you had that ye Indians of South Carolina might make an attempt against those of yor. Government; I am commanded to acquaint you that their Lordships think it will be for H.M. service, and ye good of the Province under yor. command, that you should use the most effectual means to prevent any misunderstanding among the Indians. My Lords Commissioners for Trade have wrote by this occasion to Collo. Johnson and to Collo. Cosby, to use their endeavours to put an end to these misunderstandings. [C.O. 5, 323. f. 52 v.]
June 21. Whitehall. 271. Council of Trade and Plantations to the Duke of Newcastle. Enclose extract of letter from Governor Burrington, "by which he seems to apprehend the Indians of South Carolina, were preparing to fall upon those under his Government, who hope to be supported by a party of the five Nations." Continue:—As an Indian war may be of the most fatal consequence to both these Colonies, we have wrote both to Colo. Johnson and to Capt. Burrington to desire they will take the best precautions to prevent the same; we have likewise wrote to the Governor of New York to interpose his authority with the five Indian Nations etc. But as H.M. orders to these three Governors upon this subject, will be much more effectual, we desire your Grace will please to lay this matter before Her for Her Majesty's directions therein. Autograph signatures. 1¾ pp. Enclosed,
271. i. Extract from Governor Burrington's letter, 4th Sept., 1731. "We expect our Indians will be attackt by those of S. Carolina. The Five Nations are in alliance with ours, and have promised to assist them with 1000 men, part of which are already come into this Province."½ p. [C.O. 5, 306. Nos. 20, 20 i.]
June 21. Whitehall. 272. Council of Trade and Plantations to the Duke of Newcastle. Copy of the preceding letter, as included in the Entry Book of the Council of Trade and Plantations. Without enclosure. [C.O. 5, 323. f. 52.]
June 21. Whitehall. 273. Council of Trade and Plantations to Governor Johnson. Enclose extract of Capt. Burrington's letter, 4th Sept. last, "intimating some apprehensions he is under, that the Indians under yor. Government are expected to make some attempt against those of North Carolina: As this is a matter of great concern, whereon ye interest of both Provinces is so much depending; we are surprized you have given us no acct. thereof; and as we have waited thus long in expectacon of hearing from you on this head, we perswade ourselves yor. Indians may have laid aside any design of attacking those of North Carolina, and we doubt, but you will use all possible precaution to prevent so great an evil. We have wrote by this occasion to the Governors of No. Carolina and N. York, to use their endeavours to put an end to these misunderstandings. So we bid you heartily farewell and are, Yor. very loving friends and humble servants,"etc. [C.O. 5, 401. p. 45.]
June 21. Whitehall. 274. Council of Trade and Plantations to Governor Cosby. Enclose extract of letter from Govr. Burrington, 4th Sept. last, by which you will find that he apprehends the Indians of South Carolina intend to attack those of his Government who hope to be supported by a party of the five Nations, and as an Indian war in any part of H.M. Dominions on the Continent of America, may be of fatal consequence to the British interest, we must desire you will make use of your influence with the 5 Nations in order to put an end to this misunderstanding. We have wrote by this occasion to Colo. Johnston and Capt. Burrington to use their endeavours to put an end to these misunderstandings. [C.O. 5, 112.1. p. 294.]
June 21. Whitehall. 275. Mr. Popple to Mr. Attorney and Mr. Solicitor General. Requests report upon queries relating to Rhode Island (v. 13th April) as soon as possible. [C. O. 5, 1294. p. 54.]
June 22. 276. Office Expenses of the Board of Trade, Lady day— Midsummer, 1732. See Journal of Council. Endorsed, Recd. Read 26th June, 1732. 6 pp. [C. O. 388, 80. Ff. 51, 52 v.–55, 56–57 v.]
June 22. Whitehall. 277. Mr. Delafaye to Mr. Popple. Begs that the Lords Commissioners will have regard to the Governor's recommendation of Mr. William Gordon, to fill the vacancy in the Council of Jamaica caused by the death of Mr. Henderson; "as Mr. Gordon is a gentleman of integrity, ability and interest in that place, and lives near the town" etc. Signed, Ch. Delafaye. 1 p. [C.O. 137, 47. f. 132.]
June 23. Whitehall. 278. Council of Trade and Plantations to Sir Robert Walpole, Chancellor of the Exchequer, and to the rest of the Lords of H.M. Treasury. Upon Mr. Shelton's Memorial, quoted, recommend him for some employment, certifying that he "has frequently attended this Board, as well during the time that Carolina was under ye government of ye Lords Proprietors, as since, and that upon occasions he behaved himself with capacity and fidelity: and that he has been lately very instrumental in ye proposed sale of ye Bahama Islands to ye Crown ; where he has discharg'd his duty to ye sd. Proprietors; and at the same time shew'd a proper regard for ye interest of the Publick" etc. [C.O. 5, 401. pp. 46–49.]
June 24. Boston. 279. Governor Belcher to the Duke of Newcastle. Abstract. Has received copy of the Council of Trade's report upon Lt. Govr. Dunbar's complaint. Complains that the Lords of Trade made their representation without having first given him an opportunity of answering, and thanks his Grace for delaying a decision, until his answer comes to hand. In reply to the Board's report that he had given orders not to suffer Col. Dunbar to enter the fort in quality of Lieut. Govr., quotes the words of his order to show that they only meant that Col. Dunbar should not enter it as Commander in Chief, and take command of the garrison in open contempt of himself as Governor. Nor did he ever give any orders about the fort, until he was informed of Col. Dunbar's insolence by Col. Walton, whom he had made Capt. of the fort, and whose affidavit he encloses. He is not answerable if the Capt. of the fort exceeded his orders, but in such case Col. Dunbar should have complained to him, and he would have taken care, that he should have been treated with the respect due to H.M. Commission etc. The affidavit by Wentworth and Atkinson was not fairly taken, because, as it nearly concerns the Capt. of the fort, he should have been notified to be present, and so prevent its being dressed up and coloured over as it is etc., especially since it was drawn by two of the Governor's declared enemies, the latter having been removed from several offices by him. The Indians they mention were merely some whose custom it is to assemble at that time of the year, in order to gather hurtle berries, which they dry for winter provision. This Col. Dunbar very well knew, and wrote to him at the time. But the whole design of his going to the fort then was to insult the Commission given to Col. Walton. Thinks that so far from having done wrong, he really ought to have confined the Lt. Govr. for his presuming to demand entrance into the fort, against the Governor's orders, which, having been given to his officer, were equivalent to his commands in person forbidding Col. Dunbar to enter. His being in the province of Massachusetts is not an absence from N. Hampshire, and has never been accounted so. This is made plain by his 36th Instruction and Col. Dunbar's commission. Concludes:—I am therefore greatly surpriz'd at the three articles, the Lords of Trade have propos'd to H.M. to be declar'd as his royal intention, which being done, wou'd throw that Government into anarchy and confusion, and wou'd totally divest me of the powers and authorities given me in H.M. royal commission as Capt. General and Commander in Chief of N. Hampshire. In the time of the late Govr. Shute, Leiut. Govr. Vaughan's Commission was superseded from his presumeing to interfere with the orders and directions his Govr. had given, etc. Begs that his commission may not be in a manner superseded, to gratify the pride and illnature of a Leiut. Govr. Set out, Mass. Hist. Soc. Coll. 6th Ser. VI. 152. Signed, J. Belcher. Endorsed, R. 2nd Sept. 6¾ pp. [C.O. 5, 898. ff. 452–455.]
June 24. 280. Governor Lord Howe to the Duke of Newcastle. The many favours I have already reced. from yr. Grace shoud prevent my being any further troublesome, but as what I am now begging yr. Grace's interest in, for me, is equipage money, wch. is what has been almost always given to ye Governors of Barbadoes, I hope yr. Grace will not refuse to recommend me to H.M. favour and forgive me taking this liberty. As I am very sensible how little merit I have, I shou'd not have presum'd to ask for it, had I not been well inform'd yt. every Governor since Mr. Lowther has had it, excepting Mr. Worsley who had everything of yt. kind before, as Envoy at Lisbon. Ld. Irwin had £1500, Ld. Belhaven had £1500 at one time and above £3000 at another, and Mr. Chetwind had, as I have been well assur'd not only £1500 for equipage money, but his patent giv'n him wch. comes to near £350, and an additional sallary of £500 pr. ann. As I am well persuaded yt. ye honour yr. Grace and ye rest of my freinds did me in recommending me, was wth. a view yt. it might be of service to myself and my familly, should this favour not be granted and any accident happen to me, either in my voyage or when I come to Barbadoes, my freinds will not only be disapointed in their kind wishes for me, but it will be of very ill consequence to my familly, by my leaving a much greater debt than I otherwise should have done, ye fees for my commission amount to £350 and on ye best inquiry I can make I find it will cost me £2000 in furniture and other things yt. are absolutely necessary for me to take over. Therefore as some gentlemen have had a great deal more than £1500 given 'em for their expences in setting out, and yt. at a time when ye Island was better able and more willing to provide for ye Governor, than (as I hear) it now is, I hope yr. Grace won't think me unreasonable if I beg yr. assistance in obtaining this for me etc. I am wth. ye greatest respect, My Lord, Your Grace's most humble and most obedient servant, Signed, Howe. Holograph. 2 pp. [C.O. 28, 45. ff. 203, 203 v.]
June 25. Charles Town. 281. Governor Johnson to the Duke of Newcastle. Will obey Instruction of 10th Dec. last about imposing duties on negroes imported, but observes "that there is a law subsisting" lays a duty upon negroes, and that £5000 a year this currency out of the amount of the said duty is appropriated agreeable to H.M. Instructions to me towards laying out townships and subsisting new commers for a year, in order to incourage the peopling the Province, and I humbly apprehend it will be for H.M. service that law should have H.M. approbation and subsist for the time limited therein, which is about 6 years to come, I having pursuant thereunto caused the townships to be set out, and given other encouragements to new comers. I have received H.M. sign manual requiring Letters Patents to be passed under the Great Seal of the Province to appoint Mr. Isaac Amyand Clerk of the Assembly, which shall be done. Signed, Robt. Johnson. Endorsed, R. Augt. 29th. 2 pp. [C.O. 5, 388. ff. 46, 46 v., 46 (a) v.]
June 26. Whitehall. 282. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Request payment of petty expences of the Office amounting to £287 2s. 8d., Lady Day to Midsummer, 1732, and of officers' salaries, £287 10x. [C.O. 389, 37. pp. 337, 338.]
June 26. Charles Town. 283. Governor Johnson to the Council of Trade and Plantations. Acknowledges letter of 18th Nov., etc. Continues: I have received from His Grace of Newcastle, H.M. Order directing me to commissionate Mr. Isaac Amyand to be Clerk of the Assembly here, which shall be done, and I shall always insist upon H.M. Prerogative in naming all his officers. I shall transmit as I have already done copys of all laws passed; Mr. Fury writes me those of the last sessions are arrived safe. "The Assembly since my last have sat and amended some deficiency in the tax law for the current year, which is paid in already, and did some other necessary business, and are prorogued to Tuesday ye 12th of September next, by reason of the heat of the weather; when I believe they will sit to do business" etc. Will obey Instruction of 10th Dec. concerning importation of negroes etc. Continues:— But I hope this application of the merchants wont go so far as to desire that the appropriation act sent to your Lordships be disannuld which appropriates £5000 a year this currency arising from that duty towards setting out of townships and furnishing provisions for one year to new settlers; six of which townships I have already caused to be mark'd out for that purpose, the draughts of which shall be sent your Lordps. as soon as ready. We are in great hopes to hear of H.M. approbation of the Quit rent law, and the aforesaid appropriation law. We think H.M. quit-rents are effectually secured in Proclamation money, and the people look upon it as the Magna Carta of Carolina, in regard to securing the property to their lands. I was not able the last setting to induce the Assembly to settle a fixt sallary upon me, and H.M. Officers; that being dispene'd with now in New England, has I believe influenced this Province; they dont absolutely refuse it, but postpone it. The Council have had much trouble with Mr. St. John, Surveyor General of lands, he takes the whole fee of 4d. p. acre allowed him by law for surveying lands, before he will certify a plott, and leaves his Deputys to be paid by the persons the land is survey'd for; which rather than not have it, they pay him, contrary to the intention of the law, and the practice of former Surveyors, who allways allowd the Deputy half for surveying; so that now every person that purchases land of the King pays 6d., some 8d. pr. Acre for the survey, and the Assembly and people are very uneasy at his proceeding; and last sessions brought in a bill to regulate his fees; but in tenderness to him as the King's Officer, we dropt it in the Council, hoping he would have made the people easey, but he still continues doing it, notwithstanding the Council's order to him to the contrary, which occasions a great discontent, and I fear we shall have more trouble about it when the Assembly meets again. I was likewise desirous of obliging him, in giving him the ascertaining, where the townships are to be layd out, and in Council proposed paying him £500 Carolina currency a township, but he insisted upon being payd at the rate of 4d. pr. acre, besides charges, which in all would have amounted to above £27,000 currency, a summe the Province is in no capacity of bearing, so considering H.M. 43rd Instruction directing me to mark out the said townships, and consulting the Council and Assembly upon it, who were of opinion he had no pretention to any fees, till the lands in those townships were granted, as directed by H.M. Instructions, when he would have the surveying them, and would then be intitled to his fees for the same; and several of the Council who understand surveying, scituation and goodness of the lands, offering to make them out in person for £500 currency a township, after several refusals from Mr. St. John, and reasonings with him, Mr. Yonge, late Surveyor General, Mr. Chief Justice Wright, Mr. Skeene, Colo. Bull, and Mr. Waring, undertook them, and have done 6 of them already. Mr. St. John says he has remonstrated to the Treasury and to your Lordships that he has had hardship done him in not being the person employ'd; but I humbly hope your Lordships will not think so, and that we have delt with Mr. St. John with all the tenderness imaginable, and have acted in the best manner for H.M. service and that of the Province, he having reduced us to the necessity of either disobeying H.M. Instructions or complying with his unreasonable demands. The Attorney General Mr. Abercromby by whom this goes, can inform your Lordships of all proceedings in this affair having copys of all papers relating thereto. Mr. St. John extorts other fees also not warranted by law which he likewise has been admonished by the Council not to do, but to no purpose; he is gone to North Carolina, where as well as here he is Deputy Auditor, Inspector and Comptroller. Transmits Naval Officer's Quarterly accounts to 25th March, 1732. Concludes: We waite with impatience to hear of the aprobation of the Quit rent, and Appropriation laws etc. P.S. The bill brought before me and the Council by the Assembly to regulate the Surveyor General's fees was dropt by us, he having hinted to us he would always be determined and guided by us in the execution of his office, which induced us to settle his fees by Order of Council, rather than by a law, which when done he would take no notice of. Your Lordships will please to observe further that the Gentlemen who have fixed the bounds and the limits of the several townships, have also included the six miles round each township for the consideration of £500 currency, which the Surveyor Genl. refused to do, demanding one penny pr. acre for each acre containd in the six miles circumference. Signed, Robt. Johnson. Endorsed, Recd. 31st Aug., Read 6th Dec, 1732. 4½ pp. [C.O. 5, 362. ff. 128–130, 133 v.]
June 27. Whitehall. 284. Council of Trade and Plantations to the Committee of the Privy Council. Transmit further papers received from Mr. Brown received since their report of 5th May. List annexed. [C.O. 5, 294. pp. 55, 56.]
June 27. London. 285. Memorial of the South Sea Company to the Council of Trade and Plantations. Abstract. Pray that the act of Jamaica imposing duties on negroes imported and exported may be repealed, and the Governor instructed to observe H.M. instruction of 10th Dec, 1731, and that the Company be repaid all sums paid by their Agents in Jamaica in virtue of said Act. Petitioners have reason to apprehend that the Assembly being apprised of H.M. said Instruction, precipitated the passing of that law, whereby the trading subjects of this Kingdom are defeated of the relief which by the said Instruction was intended them. The Company are by the Assiento Contract obliged to supply the Spanish West Indies annually with 4800 negroes, and in order thereunto purchase great numbers at Jamaica; from whence many and great advantages accrue to that Island, in regard all the ships that go to Guinea to furnish the occasions of the South Sea Company bring their negroes to Jamaica, and in consequence, not only great sums are layd out there, but the people find great employment, and the Navigation to and from that Island is much encreased etc. Signed, By Order of the Court of Directors, W. Smith, Secry. Endorsed, Recd, (with Mr. Wood's lr. of 15th July), Read 18th July, 1732. 3 pp. [C.O. 137, 20. ff. 14–15 v.]
June 29. Kensington. 286. Duke of Newcastle to Governor Hunter. Encloses following, which has been laid before the Queen. It is H.M. pleasure that you send me a state of the case to be laid before H.M., and that you take care that a stop be put to all proceedings upon the said recognizance untill you shall have receiv'd H.M. pleasure concerning it. Signed, Holles Newcastle. Copy. Annexed,
286. i. Case of William Rees. Rees is a merchant and goes as factor on board ships to Jamaica. There in June 1730, having a quarrel with one Sinclair, he struck him a blow on his head with his cane. He was bound over to appear at the next Supreme Court, in a recognizance of £500 and. two bail in £250 each. Fearing Sinclair was about to die, he did not appear, but went off, leaving effects with his bail to pay the penalty. Sinclair soon recovered and brought an action, and was awarded £400, which Rees has paid. Rees is now going to Jamaica and is afraid of being prosecuted for the £500, and as he hath paid sufficiently already for one blow, he prays for H.M. directions to the Governor that he may be discharged from the £500 which he hath forfeited by not appearing and that he may not be prosecuted for the same. Upon the resolution of the Council in Jamaica the prosecution against his bail was stopt, and he prays H.M. to remit those penalties. Copies of above proceedings annexed. [C.O. 324, 36. pp. 342–355.]
June 29. Kensington. 287. H.M. Warrant appointing Mathew Concanen Attorney General in Jamaica, in the room of Alexander Henderson decd., with a proviso obliging him to actual residence, and to execute the said office in his own person, etc. Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 356, 357.]
June 29. Kensington. 288. Warrant, by Queen Caroline, Guardian of the Kingdom etc., appointing Mathew Concanen Attorney General of Jamaica, in the room of Alexander Henderson decd., with a proviso obliging him to actual residence within H.M. said island and to execute the said office in his own person, except in case of sickness or other incapacity. Countersigned, Holles Newcastle. Copy. [C.O. 324, 50. p. 10.]
June 30. Whitehall. 289. Mr. Popple to Mr. Attorney and Mr. Solicitor General. My Lords Commissioners for Trade and Plantations having under their consideration, some papers relating to N. Carolina, upon which they are to make an immediate return; command me to send you the inclos'd case and queries thereon; and to desire yor. opinion upon ye same as soon as possible. There may possibly be some clause in ye Act of Parliament pass'd ye 2nd year of H.M. reign, for establishing an agreement wth Seven of ye Lords Proprietors of Carolina, for ye surrender of their title and interest in that Province to H.M. that may affect ye foregoing case, of which my Lords do not take upon them to judge. The Case. The Lords Proprietors of Carolina having always appointed Governrs. of that Province before they made a sale thereof to the Crown; those Governrs. with the consent of the Council and Assembly there, passed laws, and have continued so to do ever since ye purchase made by ye Crown, not having notice of ye sd. purchase. 1st Q. Whether any laws pass'd after ye said purchase by ye Proprietors' Governor in their names before notice of the sale, are valid? 2nd Q. Whether ye laws pass'd in ye Proprietors' names after notice of such purchase, and before ye King appointed a Governor of his own, be valid? [C.O. 5, 323. f. 53.]